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HomeMy WebLinkAboutCC 1978-06-22 Minutes04 4. TY OF MIAMI T REGULAR AND PLANNING & ZONING OF MEETING HELD ON JUNE 22, 1978 PREPARED sY THE QFFICE 2,F,T.1),E.Ery CLERIC RALPH G. M OE CITY CLERK -701111 11131 N0, 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. SSI SUBJECT FORD TABLE OF CONTENTS PERSONAL APPEARANCE: LEW PRICE regarding production of movies in Miami and making surplus equip. available SALE OF BEER IN THE ORANGE BOWL: Discussion of date of installation of dispensing equipment,etc. BRIEF DISCUSSION ITEM: Possible removal of 4-mill Pension costs from 10 mill cap. (a) Report of lease negotiations with Monty Trainor (b) Seek renegotiation of payments on Miley Property RECEIVE SEALED BIDS: Flagler Street Highway Improve- ment H-4372-A (3rd Bidding) and Extension H-4391-A (3rd Bidding). !BRIEF DISCUSSION ITEM: Memorandum received from new Director of Planning Department. REPORT BY DIRECTOR OF FINANCE: Cost of living adjustment for retired employees. SECOND READING ORDINANCE: Establish Trust Agency Fund + Senior Adults Special Recreation Classes. BRIEF DISCUSSION ITEM: Advisory Committee for the Handicapped. DEFERRAL OF CONSIDERATION OF ORDINANCE: AMD.SEC.54- 36,54-37,54-30 6 54-41 of the City Code Bus Benches and/or Bus Shelter Structures. EMERGENCY ORDINANCE: Amend Sec. 1 6 5 - ORD. 8731 Fire Department approp. Human Resources (Test Valid.) RETIREMENT PLAQUES, CERTIFICATES OF APPRECIATION AND SPECIAL ITEMS. ALLOCATE $462,000 COMMUNITY DEVELOPMENT FUNDS to previously approved Social Service Agencies. SECOND READING ORDINANCE: Grant Southern Bell Tele- phone 6 Telegraph Company USE OF PUBLIC RIGHT OF WAY TO INSTALL PHONE EQUIPMENT. DEFERRAL OF CONSIDERATION OF EMERGENCY ORDINANCE: Amd. Sec. 1 6 5, ORD. 8731 - 2nd DOLLAR TRAINING (Police Dept.) ACCEPT COMPLETED WORK: Virginia Key Rubbish Pit Closing - Phase I ACCEPT COMPLETED WORK: Wyudwood Paving Project Phase II Bid A is B -Highways 6 Drainage Sid C Sanitary Sewer Modifications. Page 1 of 3 Mot. 78-416 Discussion Discussion Mot. 78-417 Mot. 78-418 Mot. 78-419 Discussion Mot. 78-420 Ord. 8817 Discussion Deferred Ord. 8818 Ord. 8819 Def f ered PAGENO. 1-2 3-23 23-25 25-33 34 34-35 36-41 41 42 42 43-46 46 46-47 48-49 49-51 51 18. 19. 20. 21. 04 22. 23. 24. 25. 26. a 27.rn 28. 30. 4 31. - 31.1 --�® 1 32. 33. CITY SUBJECT TABLE OF CONTENTS AUTHORIZE INCREASE IN SCOPE OF CONTRACT; Orange Bowl Stadium STRUCTURAL REPAIRS 1978 0. Bowl Enterprise Fund. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT: Latin Chamber of Commerce LATIN SUMMER FIESTA URGE CIVIL AERONAUTICS BOARD TO GRANT PERMISSION TO E1 Al Airlines for flights between Israel b Miami. PRESENTATION OF PROPOSALS FOR MARINA DEVELOPMENT for MIAMARINA - DINNER KEY (a) Biscayne Rec. S Dev.Co. Biscayne Rec. 6 Dev. Co. (b) Ecclestone Management Dinner Key Marina Inc. (c) New World Marinas Inc. -� Ecclestone Management. MIAMI WATERFRONT TRUST ' Possible Creastion AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT: Public Health. Trust of Dade Co. or COORDINATION OF MEDICAL SERVICES. APPOINTMENT OF PERSONS TO BUDGET REVIEW.COMMITTEE WAIVE RENTAL FEE FOR USE OF BAYFRONT AUDITORIUM: Annual Policemen's Ball July 15, 1978. WAIVE RENTAL FEE FOR USE OF BAYFRONT AUDITORIUM FOR: Statewide Health Coordinating Council. ACCEPT BID: ROADS STORM SEWER PROJECT - 1977 Bounded by: S.W. 11 Street, S.W. 12 Avenue, S.W. 5 Avenue, S.W. 25 Road F.E.C. Railroad and 1-95. ACCEPT BID: I-95 EXIT RAMP - LANDSCAPING -C.D. Proj. S.E. 2nd Avenue ACCEPT BID; CONVENTION CENTER - Phase II Site Preparation. AMEND LEASE p BAYSHORE PROPERTIES, INC. - Reschedule payments. DISCUSSION OF 4th of JULY HOLIDAY WEEKEND AMEND LEASE -• Bayshore Properties Inc. continued. BRIEF DISCUSSION ITEM: DOWNTOWN DEVELOPMENT AUTHORITY Commissioner Plummer. Planning & Zoning Agenda - SECOND READING ORDINANCE: Change Zoning Classification R4 to GU 1432-1658 N.W. 3rd Avenue. SECOND READING ORDINANCE: Change Zoning Classification C5 to PR 500-560 Id, W. 10th Street. Ord. 8821 Page a of 3 QRDINONCE Oft_ . Rea. 78.424 Res. 78-425 Res. 78-426 Discussion Res. 78-427 Res. 78-428 Res. 78-429 Mot. 78-430 Res. 78-431 Res. 78-432 Res. 78-433 Discussion Brief Disc. Res. 76-434 Ord. 8820 PAGE NO, 52.53 53-63 63-64 65-101 101-108 109 112 113 113-114 114 114-115 115 r115-116 116-1i7 17 35. 36. 37. 38. 39. 40. 41. 42. — 43. ; 47. :48. 49. 50. crt#.r' SSIC TABLE OF CONTENTS SECOND READING ORDINANCE: Change Zoning Classificatior C2 to PR 1029 N. W. 2nd Avenue SECOND READING ORDINANCE: Change Zoning Classificatior C-4A and R-3 to PR 1400 - 1462 N. W. 62nd Street SECOND READING ORDINANCE: Change Zoning Classificat- ion C-4A to PR 1200-1201 N. W. 62nd Street SECOND READING ORDINANCE: Change of Zoning Classifi- cation C-1 to C-3 1720 N. E. Bayshore Drive FIRST READING ORDINANCE: Change of Zoning Classifi- cation C-4 to C-1 255 N. E. 20th Terrace DEFERRAL OF CONSIDERATION OF ORDINANCE - Request Change Zoning Classification C-4 to C-1 236 N. E. 20th Terrace FIRST READING ORDINANCE: change Zoning Classification R-3 to R-C N.W. loth Avenue between 14th Terrace & 15th Street. ACCEPT PLAT - MARANATHA Secoffee Street & Emathia BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PLAT ACCEPTANCE - BAYSHORE VIEW - See Item 49 later same meeting. ACCEPT PLAT - BETTY'S ISLAND N.W. 17th Ave. & 17th Ct. GRANT CONTINUED (a) Waiver of Development OFF STREET PARKING SPACES Pan American Hospital 5959 N.W. 7th St GRANT 1 YEAR EXTENSION OF VARIANCE: BABYLON APARTMENTS S. E. 14th Street & Bayshore Dr. GRANT 1 YEAR EXTENSION OF VARIANCE: BASCOM PALMER EYE INSTITUTE 900 N. W. 17th Street GRANT 1 YEAR EXTENSIONS : (a) Variance- Tract C of TP 994-A (b) Conditional Use 9-story apt.bldg. (c) Variance - Lot Coverage A & B Douglas Gardens Housing. CONTINUED DISCUSSION AND DEFERRAL - CITY ATTORNEY TO RESEARCH LAW Proposed PLAT Bayshore View MOTION OF INTENT - Exchange of Surplus Equipment with Lima, Peru in return for donation of a statue ADJUOURNMENT - 9:35 O'clock P.M. Page 3 r)f 3 Ord. 8822 Ord. 8823 Ord. 8824 Ord. 8825 1st Reading Deferral 1st Reading Res. 78-435 Res. 78-436 Res. 78-437 Res. 78-438 Res. 78-439 Res. 78-440 Res. 78-441 Res. 78-442 Deferred Mot. 78-443 PACE NO, 118 118-119 119 120-121 122-123 123-128 128-129 129 130-133 133-134 134-135 135 136 136-137 138-151 151-152 • '.- MINUTES OP REGULAR MEETING OP THE CITY COMMISSION or MIAMI, FLORIDA ******** ON THE 22ND DAY OF JUNE, 1978, THE CITY COMMISSION OF OIAMI, RDA MET AT ITS REGULAR MEETING PLACE IN THE CITY ALL, 3 ou FAN AMERICAN DRIVE, MIAMI, FLORIDA IN REGULAR SESSION. THE MEETING AS CALLED TO ORDER AT 8:05 O'CLOCK A.M. BY AYOR MAURICE A. WAS WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO BE PRESENT: COMtISSIONER.J, . PLUMMER, JR. COMMI((SSIONgRIQQ��VV(KEV. EROIHE DORENGIBSON V CE-MAYOR MANO 0 EBOSO MAYOR MAURICE M. ERRE ALSO PRESENT: ,JOSEPH R, GRA S I E, CITY MANAGER R. L. i'OSM EN,' ASS I ANT CITY MANAGER ANAGER b ORGE . KNOX,CITY ORNEYKALPHG. OWE; LITY LERK MATTY IRAI, ASSISTANT CLERK AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG. 1, PERSONAL APPEARANCE: LEW PRICE -REGARDING PRODUCTION OF MOVIES IN I'tLAMI .AND-MAKIAG SURPLUS EQUIPMENT AVAILABLE Mayor Ferre: Good morning ladies and gentlemen, thia is a regular City of Miami Commission meeting. Mr. Plummer: It's not regular, it's 8:00 O'clock. Mayor Ferre: ... and we now start with item #A, Mr. Manager? Mr. Plummer: Mr. Mayor, Mr. Lew Price has asked to be heard first thing, he promises he won't take but 30 seconds, that means he gets 20. I think we should hear from him. Mayor Ferre: Alright, Mr. Price? Mr. Price: Thank you, Mayor, ladies and gentlemen of the Commission. We are very pleased to report to you this morning the excellent progress that the City has made in the movie producing industry over the last year, numerous films have been shot in Miami and we have one here now , this young lady is Ms. Michele Marsh, the Assistant Director of a movie which will be filmed here in September, featuring Sophia Loren, O.J. Simpson, and Tony Franciosa, and James Coburn. We had a little problem with the movie, but Mr. Grassie has straightened it out. They wanted to purchase two cars, old cars from the City which we worked at for, it's a spy movie, a chase thriller, but he asked me to report it to you this morning. While I was here I thought I'd take the opportunity to tell you that last year Hollywood filmed 110 movies throughout the entire world, 8 of those feature films have been filmed and will be filmed right here in the Miami area. And we thought you'd like to know that and very quickly, we just finished a movie called ,"The Champ", with John Voight, and Faye Dunaway, that's the old Wallace Berry movie with Jackie Cooper, but I think most of you Commissioners Al* too young to remember him. The others are,Born on the Fourth of July", which will feature A Pacino. The Pilot will be featured at the Miami International Airport. • ratm9,1,1978 The Devil Feast, Bustin Hoffman will begin filming here in August. Might now in the con unity is. both betuise and Marlo Thomas filming "Hot Stuff"% Terettce Hill, viio is one. of the top Europeatn stars trade ttoVie here last year and is back. this year with. the Cottpany, one of the top Italian picture film makers. and Europe is filming a second feature here. Three of these features incidentially are featuring portions of our police force and we have been getting excellent cooperation from the Chief, and we just want to report to you, and thank you for your cooperation. The movie industry seem to have discovered Hiatt and they're coming here and we certainly welcome them. Mayor Ferret Well, Lew that's great news and we're certainly encouraged and pleased and if there is anything that we can do to assist, help, expedite and get over some of the problems that have plagued us in the past, it's really been a long time in coming and we'•ve had a lot of growing up problems that I'm glad to see that those are beginning to be behind us. Mr. Grassie: I wonder Mr. Mayor, members of the City Commission whether we could ask you for a motion which would authorize. the Administration to do what is necessary with regard to police cars, to encourage short of costing the City money, to encourage the filming of this most recent ... Mayor Ferre: Well, we've done that, you've got that on record. You got more than one. Mr. Grassie: You feel that... Mayor Ferre: Let me remind you that the scene that we've had here, you don't remember Phil Hammer Mr. Manager, you ought to. Mr. Grassie: In case we have to sell cars, yes. Mayor Ferre: What? Mr. Plummer: I was asking a question, he wants a motion Mr. Mayor , to authorize to give the two cars ... Mr. Grassie: Well, no, to rent two cars and possibly sell two cars which would be in the process of filming would be demolished. The City would repay the cost of the car. Mayor Ferre: Oh, oh,.. Mr. Grassie: We're selling City property, we'd like to have a motion that would authorize us to do that, if it's necessary. Mr. Plummer: So moved. Mayor Ferre: It's moved by Plummer. Rev. Gibson: Second. Mayor Ferre: Seconded by Gibson. Further discussion on that motion. Ca11 the roll, please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 78-416 A MOTION AUTHORIZING THE ADMINISTRATION TO . DO WHATEVER IS NECESSARY WITH REGARDS TO EITHER RENTING TO THE MOVIE INDUSTRY POLICE CARS OR SELLING THEM (WHENEVER THE FILMING MAY INVOLVE DAMAGING SUCH EQUIPMENT) AND IN GENERAL TO DO WHATEVER IS NECESSARY IN ORDER TO ENCOURAGE THE FILMING OF MOTION PICTURES IN THE MIAMI AREA. tria Upon being setaWed b seconded by Commissioner (Rey.) Gib ott #the n0tibtt was passed and adopted by the following vote: ASS; Coy ogia inner J. L, iu t te.r, Jr,, Commissioner Manolo Reboso Commissioner (Rev.) Theodore R, Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. 2, SALE OF BEER IN THE ORANGE BO'lL discussion of date of installation of dispensing equipment etc. )Mayor Verre: We'renow on item 41 A, which is status report on Beer Concession in the Orange Bowl. Mr. Grassie? Mr. Grassie: Mr. Mayor,and members of the City Commission,from the last two and one-half months we have been discussing with representatives of the Dolphins, the arrangements under which the City and the Concessionaire would be able to,first,put beer into the Orange Bowl in order to accomplish the intent of the City Commission as previously expressed, and the vote of the public. Second, to improve the existing scoreboard and these two things have been talked about at the same time and what we want to discuss with the City Commission this morning is a package of proposals, a group of proposals, which hang together, which have to do with each other. I would like to invite Dick Anderson, in representation of the Dolphins to speak to 'you and to outline the terms of these proposed agreements. Mayor Ferre: Alright, Mr. Anderson. Mr. Grassie, while Mr. Anderson comes up, I noticed this is item #A, now ; don't know, perhaps I didn't get the full packet, but I don't an item 1!A in my packet. Mr. Grassie: In terms of background, we have been working until the last day Mr. Mayor, on some of the terms... Mayor Ferre: I see. Then you have something to pass out at this point so that we can see what it is, I mean, this is an important item, and it doesn't 40 Mr. Grassie: We can pass that out in summary form. What we want to do is get your reaction to all these proposals and then we would ... Mayor Ferre: I'd like to hear Mr. Anderson then. The point is that I just, in the future and you've had this problem with Rose Gordon. You've had this problem with J. L. Plummer, and with others in this Commission. Now, you're going to have it with me. I do not want to consider important items to this City without having in my hand the proper information for me to read and think about because I know that everybody is used to somebody reacting to essential things here on snap decisions in two minutes, but I think this is an important matter and we should have some time to thing about it. Mr. Grassie: I agree entirely. Mayor Ferre: Good. Mr. Grassie: And, we're not proposing any snap judgment. Would you like the summary distributed now? Mayor Ferre: No, what I would like is in the future. I'm going to go along with this today. In the future I don't want to consider anything that we haven't had at least 24 hours to think about period, no exceptions. Ok. Mr. Anderson: Mr. Mayor, and members of the Commission. It's a pleasure that we can come and submit a proposal that we have spent with the Miami Dolphins, the Mast three months negotiating with Bob Jennings and the Orange 3 IUUN 921518 1 Mu', and Joe Gresaie, the City, Manager, ltt'e an agreement that can and will develop -in excellent relationship between .the Matti Dolphins through the use of the Orange. Bowl over the next two years to the extension of the Orange Bowl lease that was negotiated two years ago. We've negotiated a package with the City of Miami, that does include three items. (1). The implementation of beer in the Orange Bowl and the financing of that. (2). Putting in a new scoreboard in the Orange Bowl and the financing of that package.(3).The extension of the present Orange Bowl Concession Agreement. Let me outline the three items to you. We have the written material and can get it to you today so you can read it, and I cat give you the numbers as we have them right now. In the Beer Agreement, the equipment that it takes to put beer in the Orange Bowl has a total cost of $328,000. $328,000 plus I think we can use $330,000 as a applicable figure. The Miami Dolphins will pay for the entire cost of putting in the beer equipment into the Orange Bowl, the $330,000 of that the permanent fixtures are $220,000. or $210,000. The non -permanent fixtures are $110,000. (BACKGROUND COMMENTS MADE OF THE PUBLIC RECORD). Mr. Anderson: Well, $210,000 and $120,000 add up to $330,000. The Dolphins will pay for the total cost of the beer. The net projections on revenue to the City, and this is one of the most important facts of putting in the beer in the Orange Bowl, besides the fact that the voters requested it. From the projections that both the City prepared and we have prepared through the beer people, we anticipate approximately $1.00 rer person that walks through the Orange Bowl to derive beer income. Now that will be approximately $800,000 this coming season. The way that the amortization will work we will amortize this cost-$330,000 over a 3-year period so that the revenue to the City works out this way. An $800,000 of gross revenue, if it's amortized $110,000 the first year that leaves a gross figure of $690,000, the City will receive 30.5% of that amount or approximately $235,000 in revenue the first year. The Dolphins will recap or amortize $110,000 the first year and plus the interest on the money that we've borrowed to put into this equipment. So the projection on four income to the City on implementing beer in the Orange Bowl will be approximately $200,000 to $230,000 the first year and each year for the first three years until the beer equipment is paid for. The scoreboard is the second one. You want to ask questions to that or you want me to go through entire package? Mayor Ferre: Yes, can we stop here or would you rather go through the whole thing? Mr. Anderson: I can go through the whole thing because we view this as an entire package. Mayor Ferre: Ok. I have some specific questions. If you want, I'll wait until you're finished, would you rather do it that way? Mr. Anderson: Yes, I will. Mayor Ferre: Ok. Mr. Anderson: The second agreement is an agreement that has been negotiated with the City to place a new scoreboard in the Orange Bowl, and I can say from the personal standpoint in playing in every stadium in the National Football League, the Orange Bowl is the -only stadium that does not a visual scoreboard on the opposite end of the field so we do need addition to our scoreboard. The scoreboard that we have negotiated for,through Stewart Werner, who previous to this time has been given the Concession on the scoreboard purchase, is going to cost $360,000. This will include additions to put the time down in distance in the west end of the in zone. It will put additional information on the present scoreboard which will have,including an electronic line that will enable our bands to see the progress of other games. It will include advertising panels so that the net cost to the City is zero and it will be a revenue producer for both the Miami Dolphins and the City. The projected revenue of scoreboard advertising is to be a minimum of $160,000 the first year, $170,000 the second year, $180,000 the third year These are minimum figures. The cost being $360,000 to be amortized A °vet a 1=year period, Now, the Miami Dolphins will also pay for the entire coat of the scoreboard' keeping in mind withthese two projects the bolphtne are going out and borrowing $790,000 to put in the beet and the scoreboard in the Orange Bowl. We're taken care. of some ...... Mayor Ferre: Dick, excuse me, but you keep saying'pay for! You don't mean'pay for',you mean that you're going to put the money for then get reimbursed from the proceeds, Mr. Anderson: Yes, that's true. Mayor Ferre: You're not paying for it. Mr. Anderson; Well, yes. Mayor Ferre: You're not paying for it out the money from a bank, advancing the money ... Mr. Anderson: Right, we're advancing to the City so that the City doesn't have to come up out of the General Funds for it. Mayor Ferre: Ok. You're not paying for it. Ok. Mr. Anderson: We're responsible for the money. We're borrowing the money to put it up. of your pocket. You're borrowing (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD.) Mr. Anderson: In what? $790,00.0, $690,000, I'm sorry. The scoreboard revenue as I said, will be a minimum of $160.,000 the first year, $170,000 the second year, and $180,000 the third year. The City and the Miami Dolphins will share 50/50 in the revenue of the scoreboard income after the Dolphins take 15% for selling the advertising, and the City takes out their cost of operating and maintaing the scoreboard. So the net effect for the first 3-years is going to be approximately a break-even point, The City stands to make between $10,000 and $20,000 off the scoreboard for the first 3-years. After that point the City will realize $90,000 to $100,000 a year off of that scoreboard. The third part of our agreement based on the fact that through negotiations we have offered to, as you say, put up the money for the entire cost of the projects,because one of the problems that we heard about included the money coming out of City coffers to put in these additions, is to extend the present Orange Bowl lease to run 00 conterminous with the stadium lease that the Miami Dolphins have. We veiw the three items as a package. Mayor Ferre: To extend the Orange Bowl lease? Mr. Anderson: No, to extend the Concession lease with the Miami Dolphins. Mayor Ferre: Ok. Mr. Anderson: I'm sorry, the Orange Bowl Concession agreement. To extend the Orange Bowl Concession agreement to be conterminous with the Miami Dolphins Orange Bowl lease. Mayor Ferre: On what terms? Mr. Anderson: On the same terms as they exist internally. We view this package as the ability of the Miami Dolphins and the City Commission to develop a relationship to the remaining term of our lease, the fact that the Miami Dolphins provide 90% of the people and the revenue that come through the Orange Bowl and the income producer to the City that with the implementation of beer and the Concessions, that this coming year the gross revenue to the City of Miami off the Orange Bowl from the Miami Dolphins will be $450,000 of stadium rent. Approximately, $250,000 to $300,000 of concession coney end the beer concession money will be approx- imately $230,000 8o this total package... Mayor Ferre: You forgot the scoreboard. Mt. Anderson: And the saotehoard this year tnayhe. being MOO to $20, 0a. Mayor Ferrel Well, eventually it'll be how touch? Mr. Anderson; $2Q,ODQ to $1QO,000 in the fourth year, Mayor Ferre: $90,000 to $1001000 from the total, Dick, or is that our hall? Mr. Anderson: That will he your half. Mayor Ferre: I sec. Alright, can we ask questions.,, now? Mr. Anderson: Yes, pleas.e. Mayor Ferret I've got about six to seven of them. How long would be the beer contract he for, you did say? Mr. Anderson: The beer contract will be conterminous with the concession agreement, it'll be implemented into the pres.ent concession agreement the Miami Dolphins have with. the City of Miami. Mayor Ferre: I see. Now, the interest that is to be paid, you've mentioned that their was an interest payment, I understand that. Is it interest on the full$328,000 or is it on a permanent ...? Mr. Anderson: It is interest on a permanent portion. Mayor Ferre: Which is how much? Mr. Anderson: $210,000... • Mayor Ferre: So the interest is at current bank. rates of $210,000. Mr. Anderson.: Yes. And, we must ask for our written agreement. We must provide the City with records of the interest as ... Mayor Ferre: Yes. Now, with regards to the scoreboard which is $360,000 is the interest on a full amount? Mr. Anderson: The interest on the one-half portion that is applicable to the City. Mayor Ferre: for increases Mr. Anderson: I see, ok. Now, I wanted to ask you, is there any provisions based on volumn? In other words, is there 30%, that you said? 30.5%. Mayor Ferre: Oh, 30.5%. Mr. Anderson: ... or it is the same as the present concession agreement that the Miami Dolphins. have with the City. In reviewing the facts and figures, in talking to Mr. Reboso and asking you know, facts and figures on other stadiums, we have found that the 30.5% is to the high side on a concession agreement of you know, in terms that the other teams have in their concession agreement. Mayor Ferre: Well, how it is on the beer side of things? Mr. Anderson:, It's average to a little bit low perhaps, but they average out. Mayor Ferre: What is the lowest that you know of in any stadium? Mr. Anderson: 22%. ,Mayor Ferre; And, what'•s the high? Mr. Anderson: Some of the figures I have seen, I guess 35% . Mayor Petra: liow tqudh.'t Mr. Anderaon: 32% to 3$2, Mayor Ferre: I8 the high.? 35% is the high. Mr. Anderson: Well, beret one, the teatt get 42% from the kanta8 City "Chiefs", they football team pays $450,000. in 8.tadiurn rent which is equal to the Miami Dolphins, they own all parking, ail restaurant, and all concession moneys. Mayor Ferre: So in other words, what you're saying is that 30% may be a little bit on the low side, but it isn't that low when in your opinion the high. is about 35%, is that correct? Mr. Anderson: That's forbear only. Mayor Ferre: I'm talking about beer only, that's all we'ra talking about. Mr. Anderson: Yes, Mayor Ferre: I have one question to Mr. Grasale, as far as beer is concerned. Do you think this is a fair deal, Mr. Grassie? Mr. Grassie: In context of what the City has done before and the need that we have to agree on three things, yes, it is a fair for the City. Mayor Ferre: well, then I'll just give you my off hand and off the cuff opinion, since you know I've only had this for a day, and that is, I think this is a fair deal for the City as far as, beer is concerned, that's my personal opinion, Let me ask you about the scoreboard. Any expenses... Are there any expenses for G & S in overhead involved in this? Mr. Anderson: Yes, there are and out of the gross revenues they will be paid for to the City. We will reimburse the scoreboard, the net expenses we figure will be $10,000 to $15,000 to operate that scoreboard. Mayor Ferre: Are there any G & S,overhead expenses on the beer? Mr. Anderson: No. Mayor Ferre: In other words, just straight cost of what it cost to operate the beer concession, the guy that handling the beer concession... Mr. Anderson: That is paid for by the concessionaire. Mayor Ferre: But we're not paying for the home office, for any home office expense on this, overhead? Mr. Plummer: Excuse me, on the record, what is G & S, is that something that I don't have? Mayor Ferre: Well, I guess in the City, you wouldn't use, general and sales expense. Mr. Plummer: Ohl Mr. Anderson: General and Sales expense. The way the beer will work is if the gross revenues are ... Mayor Ferre: In other words, home office expense, J. L., we're paying, you know, for the salaries of the home, you know, are a proportionate of the salaries of the home office I guess is what I'm trying to say, Mr. Plummer: Alright. Mr. Anderson: ... with. the gross revenues being $B0Q,000., the amortised portion say it was $100,000 that leave $700,000 of gross revenue, the City would get 30.5% off the top,after the City has taken their 30.5% then we would have to pay our expenses on beer . The City would not pay any of that, Mayor Ferre: In other words, we're hank on beer, now. in other words, as 1 understood what you'sre saying is that the first thing you do ii you take the expense of repaying what is owed and youkre amortizing it over three years so it'll be one hundred and some odd thousand dollars i year. • Xr. Anderson: Correct. Mayor Ferre: Then you do that, the City of Miami gets 3045% from the top. Xr. Anderson: Yes. Mayor Ferre: Ok, then beyond that,that's your problem, you got to buy the heer , you got to transport it, you got to pass it out, .... Mr. Anderson: That's correct. Mayor Ferre: you got to buy the cups, you got to do the whole thing. Mr. Anderson: And, you don't have to worry about it being spilled, yes. Mayor Ferre: Now, and any losses if somebody throws away a keg or it explodes or something like that? Mr. Anderson: That's our problem. Mayor Ferre: That's your problem. Mr. Anderson: Yes. Mayor Ferre: I mean, we get 30.5% of what's sold period, after the... Mr. Anderson: Just like every other product that's sold in the concession at the Orange Bowl. Mayor Ferre: And, I assume also that after the amortizing period of three years that we 30.5% of the total period. Mr. Anderson: Correct. Yes. Mayor Ferre: Alright? Mr. Anderson: That's true. Mayor Ferre: Now, just for the record, of what's left after you pay for the beer and you pay for the expenses and you pay, will you be making 30%? Mr. Anderson: No, we will not. We'll be making approximately 9:to 10%. These are projections that the City came up with. They will be in the information that is going to be presented to you in contract form. The projections that the City of Miami prepared in talking with people, say, the Concessionaire will make approximately $100,000. Mayor Ferre: Now, let me understand this properly. In other words, you say $800,000 to $900,000 in sales. Mr. Anderson: Correct. Mayor Ferre: Let me just say one million dollars, just to round it off. If you sell one million dollars of beer in one season... )fr, Anderson: Right. Mayor Ferre: ... and it's been amortized. Let's see, let'$ see, we're 4 or 5 years down the line, and the Dolphins have a great winning steak, God willing and everybody the. place is packed and we sell $1,000,000 worth of beer, we're going to get $300,000. Mr, Anderson; That's correct. 8 i97� 2 l:l �� A Mayon Petite: And your a&tirate is that you' li get about $100,000. Mr. Andetabn: T'hatts torfedt. Mayor Ferre: Ok. Mr. Anderson: So, the City takes three times as touch as the tontes$ionaire ... Mayor Ferre: I just want to put that in perpective so that we don't misunderstand... Mr. Anderson:, Thank you. Mayor Ferre: ... what it is that we're doing. That's why I agree with it because I think it's a good deal for us. Mr. Anderson: So do we. Mayor Ferre: Now, the scoreboard, are there any expenses for G S S overhead? Mr. Anderson: Yes there are,and Mr. Grassie is more aware of what those exact expenses will, but Stewart Werner tells us that they will b.e $10,000 to $15,000 and that comes off the top. Mayor Ferre: Could we put a cap on that Mr. Grassie? I don't mind it, but I think we've got to put some kind of a reasonable ... Mr. Grassie: Certainly. We could put a ..., of course, there are expenses that are reimbursed. There are employees and if there are expenses we can put a cap of $12,00.0 on that. Mayor Ferre: I have no questioas about that. Mr. Grassie: We can put a cap of $12,000 on that... Mayor Ferre: You know, if there is somebody that's working full -time on the scoreboard, obviously that's an expense to the operation, or half-time or what have you. Mr. Grassie: And, maintenance of the board also. ilk Mayor Ferre: I'm talking about home office expense. Mr. Grassie: Oh, no there's none of that. None of that is being charged to the board. It's direct expense for the person who operates the board and the physical maintenance of the board. Mayor Ferre: Alright. The second question I have. Can that scoreboard be expanded to what we've alreadys been dreaming about, this is going back to Mel Reese which is a play back for it. I mean, is this something that when 5-years from now when Joe decides that he's not going to be able to build his new stadium and we're going to fix up the Orange Bowl and what have you and then he says I want a full size play back board and we say, ok, let's go do it, and that's going to cost $1,000,000 or $2,000,000 and then all of a sudden somebody says oh, my God, we forgot the..,you know , and what we have we spent $360,000 that's all got to be torn out. Mr. Grassle: The present improvements are proposed by the same company, that to whom you gave the award to begin with Stewart Werner, it is all modular They are sizing everything in the short run so that they can make the eventual larger expansion and there will he very little lost money from the investment that you'd be making ... Mayor Ferre: So the answer 1s yes, that from here we can move to the next level of scoreboards, if that's something that we come to an agreement on. Mr. Grassie: That is correct. Mt Anderson: That'a tight. Mayor Ferret What? Mt, Plummer: We're going it second Blase, Mayor Ferre: Were going in second class but we hope that we can dale Out first class when Mr. Robbie settles down and we can get down to tale of these improvements that we teed. Mr, Anderson: And, we're the only stadium in the country that 1 know of that does not have a visual scoreboard on the other end of the field.. Mayor Ferre: Ok. Mr. Anderson: So the improvements are needed, not only from the band standpoint but from a playing standpoint also. (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mayor Ferre: Now... Rev. Gibson: I'm not going to be a hypocrite to talk to the Mayor on the side and you didn't hear it. I said, the only reason we didn't have it as I told you in private is because you all didn't want to tangle. Mayor Ferre: Alright, now with regards to the scoreboard, there will be advertising on the scoreboard. Mr. Anderson: The scoreboard will be amortized over a 3-year period. Mayor Ferre: No, no, advertising. Mr. Anderson: Oh, yes, there will advertising in the scoreboard. Mayor Ferre: Who will decide... are you going to do the advertising replacements? Mr. Anderson: We are going to sell the advertising with the approval the City having the approval of who it is. Mayor Ferre: So we do have the approval? Mr. Anderson: You have the approval of the people we sell it to, yes. Mr. Plummer: In content. Mr. Anderson: In content, yes. Mayor Ferre: Now, with regard to the Orange Bowl Concession agreement on the scoreboard, I don't find that objectionable either, I think that's a reasonable field just off the cuff. Now, with regards to the Orange Bowl Concession agreement, Mr. Grassie, I've heard'criticism and this has nothing to do with the Dolphins because that original contract was negotiated with somebody else, that that contract was really not the best contract the City could have. It's not up to the standard in the industry. Is that correct? Mr. Grassie: I think we can only judge the standards of the industry by informing ourselves on what other stadiums we're doing. Bob Jennings has done that. In tabulating the return to stadium owners in all of the other stadiums in the country the percentage return that the City now gets, the 30,5% is a little above the average. I think that he averaged out something like 18 stadiums and the average return was if I remember the figure something 281/2Z return. Your return is 30.5%. So in terms of industry standard it is better than average. Mr, Plummer: Let me ask this question, because this I was privileged to, also Dick Foemoen, I think in your absence. At one of the meetings when you say percentage Mr. Mc Nutly0 whose the operator of the Cincinnati arena, the arena that he operates for a basketball franchise. What, you weren't at that meeting, then you were at that meeting. One of the two of you were at that 10 fffIrEMIN meeting. It was in the Reviti building, which bne wee there? Mt. Casale.; 1 was not at the meeting COMAlaalOtier6 Mr. Plummer: Then, you were there. Mayor Ferre: Well, make up... Mr. Pluuner: Anyhow, anyhow, it was•etated by Mr, Mc Nutly in whatever the arenas that he operates that the Concessionaire paid him up front $750,000 for the right to negotiate a contract. Now, when I asked the percentage, are you taking in consideration that these contracts are being negotiated with.$750,00.0 payment up front and then a percentage. Is that the percentage figure were using as the. average or is that $750,000 up front included in the average? Mr. Anderson: The Cincinnati Mr, Plummer: No, not the Mr. Mc Nutly has I think, a basketball or a hockey franchise. Mr. Grassie: Yes, it's not a stadium it's an arena. Mr. Anderson: In looking at the figures and going over Mr. Plummer: Excuse me, let me get an answer. Mr. Grassie: Well, I don't know that I have an answer. You're talking about an arena apparently, not a stadium. Mr. Plummer: I'm talking about a concession in a franchise sport. Mr. Anderson: They're much different. Mr. Grassie: It's an arena for basketball, it's not a stadium. Mr. Fosmoen: It's an arena, it probably has 250 to 260 event days a year, and that considerably different than a stadium ... Mr. Grasaie: A stadium that has 12. Mr. Plummer: Ok. I'm just asking ae far as the percentage, how you came about the average percentage? Mr. Grassie: The way we came about the average percentage is to have Bob Jennings request information from every team in the national football league. We got a very good response something like 80% response, and by averaging all of those responses which indicated specifically what they pay we came up with the average that I've indicated to you. Mr. Plummer: But when you say they pay that would include any front money and percentage. Mr. Anderson: Normally, all of the front money is taken away from the percentage by the time it gets out. Mr. Plummer: Well, it was indicated different. Mr. Grasaie: The football teams have not indicated that they paid any percentage up front. Mr. Anderson: To answer your question, I have a lot of facts and figures right here and to say as Dick Fosmoen did, there is a major difference between baseball, basketball, and hockey. They have a much higher percentage than football stadiums. As you know, we have a pure football stadium with ten events in it and our percentage is 5 to 10 points lower than baseball stadiums throughout the league. Secondly, and one of the questions asked, who normally owns the concessions, usually where there's a baseball team and a football team in it, the baseball teats owns a concession agreement, On the new stadiums that have been put in the last ten years, the football team owns the concessions. and let me read some of the figures that I have 11 a78• J oft I$ tests that I haye figures in front of me. There are oily three teama that have higher iercentagee than or the. City or the. Sports authority, there's only three places that have. higher percentages than the City of Miami. In Philadelphia, the team gets 15% and the Stadium gets 20% of the gro1gs. In San Diego, the stadium gets 30%, the teats gets 10%. In San Francisco, the stadium gets 25%, that's a baseball stadium also. The Washington Red Skins, the stadium gets 38%, that's far and above higher than anything else. The Kansas City+'Chiefs", the team owns the entire franchise, the entire revenue goes to the team.. In Dallas, the City and the team both gets 16%. In Los Angeles, the team and the City gets 16,6%. The Green Bay Packers., the stadium get 31%, that's. the second one that's higher than Miami. Mr. Plummer: Dick, excuse me, you know, I don't want to find fault with what you say, but here again to show me a true picture, you'•ve also got to tell me what is the bottomline to the Municipality or the owner of the facility. What are they paying,the same ones that you're reading from, what are they paying rent? Mr. Anderson: Ok. Mr. Plummer: What are they paying, you know, all the way through, and the bottomline is what is the municipality, because these things can be negotiated back and forth. Mr. Anderson: You're absolutely right. And, to take a team that was reputed to have very high rent Kansas City, the figure I have in front of me, the Kansas City "Chiefs" paid $450,000 a year for 25 years, they get, the team gets all the parking, all the con^_ession noney,.and so the net figure that this City receives is much higher. This City receives 30.5% in concessions. Air. Plummer: Excuse me, in Kansas City, if I'm not mistaken. the money was not put up by the municipality, is that correct when it was built? Was it built by the City Joe? Mr. Grassie: Yes. Mr. Plummer: Ok. I'm just saying we got to have a total picture is what I'm saying. Mr. Anderson: In communiciating and in negotiating over the last three months with Mr. Jennings and Mr. Grassie, the members of the Miami Dolphins, Jim Controller, Joe Robbie, and myself, has spent a great deal 0. of time and effort in negotiating these contracts with the City. We feel that they can establish an excellent relationship to the future of the City, both in revenue producing and relationship with the Miami Dolphins, we feel that they're very adequate to the development of both entities and that they're a very fair and equitable arrangement and produce a great deal of revenue to the City. Mr. Reboso: Let me ask you one question, when you mentioned that the beer concession, 1 mean the beer you want to run at the same time of the present concession? I1r. Anderson: Pardon. Mr. Reboso: The present concession that we have in the Orange Bowl. Mayor Ferre: Runs out in 1980. Reboso: It's for two more years, Mr, Anderson: Yes. Mayor Ferre: Yes. Re wants it to run, as I understand what you're saying St , Mr, Anderson: We want the Concession agreement to run to the same length 12 w...A1 11 () 1019- as &kit o i i Mr. Plummer; All threewould be eight more years.; Mr. Anderson: Correct. Mayor Ferre: So in other words, instead of 1980,, the beer, the scoreboard and the concession would he concurrent with. the Bbiphins Contraet for the stadium, which. runs out in 1988, as 1 recall. Mr. .Plummer: 86. Mr. Reboso: In exchange for what? What are we getting? Mr. Anderson: You're getting all the parking... Mr. Reboso: Are the people getting chairbacks? Is there any possibility in negotiating? Mr. Anderson: I'm sure that's a possibility but it's not in part of the agreement that we have been working on. Mr. Reboso: Well, I think it should be included. I think the people deserve to have chairbacks. Rev. Gibson: Mr. Mayor? Mayor Ferre: Yes, sir. Rev. Gibson: Some of this ... maybe I'm not intelligent to understand what bothers me, but I just don't like it. Everytime we come up here, everybody talks about you know, Sunshine Law, and I think that, you know, we ought to be concerned. Now, I think that to be dealing with the Dolphins on these concession.;, you know, just so, we need to ask 2 or 3 other folks. In other words, I don't think the Dolphins ought to have no key to the selling beer. I think that we ought... for instance, you know, I'm disturbed like the Mayor, you come up here this morning and you're going to present this to me, I don't know what in the devil is in that package. So number one, I'm not going to vote for anything that I don't read and understand, that's number one. Number two, I'm concerned that you didn't make available to the public these possibilities. Mr. Grassie, I want you to hear man, I don't want you all to have no... because you see, you all represented me at the table, ok? I'm concerned that after it was told Gibson was opposed, see they were going to make us, the City, put up the $200,000 and I don't understand these figures, you start out with $200,000, now it's $330,000, $100,000 more. Now, at least, I know I went to one of those third rate schools, but I could add and substract, that $100,000 more, ok. So then the City, they worked us out of putting up the $200,000 they were going to put up $30,000, so now they said well, we'll borrow the money and we will put up, as if they'd given us some money, $330,000. You know, I'm not a good businessman, I'm not business. Preaching is my thing. Mr. Mayor, you said yesterday, you can't be half pregnant and I buy that. You're either pregnant or you're not pregnant, remember that? One thing I have a good memory. My hair may be bald, but I have a good memory. I don't want to be half pregnant. I want to treat the people to this community right and fair and just. I pray that way all the time. I hope you all heard me pray this morning. I keep putting that in there. I don't see why anybody has to have a corner on the selling of beer in the Orange Bowl . If we were good business people and I trust we are we would go to the beer people who are going to sell beer and say look, you know, kind of deal man, nobody has talked about that. Mr. Anderson: Presently, the Miami Dolphins have the concession agreement in the Orange Bowl. Rev. Gibson: Say what? Mx. Anderson: Presently, the Miami Dolphins have the Concession agreement with the kev. Gibson: But you don't have the concession to sell beet Mt. Anderson: How are you going to have.13 people selling different products in the Orange Bowl during a game? Rev. Gibson: Wait a minute? My Brother. My Brother, I remember unlike most of the others, I remember how,there was a concession in there and I remember how the Dolphins dogged those Concessionaires until they got a piece of the action. If it's a lie,anybody who was on this Commission as much as 5yyears could stand up and say Gibson is lying, then I'll as.k for the record. Let me tell you, man you know, I don't believe, you remember what I told you about that thing, the thank you? Mr. Anderson: Yes, sir. Rev. Gibson: Yes sireei I believe in that word, thank you. Mr. Anderson: So do I, and what we're trying to establish is a relationship Rev. Gibson: Well. Mr. Anderson: ... between the Miami Dolphins and the City. Rev. Gibson: We had it all along but unfortunately, the Dolphins didn't think we meant it, and you know, now, we want to get a good working relationship. We ought to be living like people all along, love and charity. It bothers me, bothers me, and I want to tell that staff, they should have kept us apprised. Mayor Ferre: Alright, let's see if we have other questions that can be answered today. Mr. Plummer: The only question I'd like to at this point,we told the Administration to go forth and discuss the beer, but I'm at a complete loss to understand about how the negotiation of renewal and expansion of the contract of the concession, itself is. Rev. Gibson: Right. Mr. Plummer: Now, I don't remember the authorization of the Administration to do such. Mr. Grassie: A couple of things Commissioner, one of the things that Mr. Anderson was indicating to you was that the improvements for beer would need to be amortized over at least 3-years. Now, if you have a remaining agreement of 2-years, you know, it's obvious that you cannot amortize expenses that you make over three years, so there has to be some kind of an extension, further just as a reminder of history and history is one of the things that I have had to consider in terms of what the City has been willing to do in the past. As a reminder of history, one of the things that this City has done is gone to court to demonstrate that in fact, it can extend the concession agreement without going to competitive bid and in fact,it maintained that position. The people who lost that argument as it happens is the Dolphins. Now, that's part of your history. Rev. Gibson: I didn't get that. Let me hear that clearly. Mr. Grassie: Again, Commissioner, several years ago, this City went into court to maintain the position that you had the right to extend a concession agreement in the Orange Bowl without going to competitive bid, you won that argument in court. The Dolphins lost the argument. You won the argument that said that you could extend a concession agreement without going to competitive bid, that's part of your history. Now, we have a situation in which you have asked the staff to find a way to get beer in there. You've a3.so indicated to us that you want us to do it without the City putting up any money, with that reality, With that real world we have to find a way to pay for the improvements, not put up any money and do it within a time 1978 period which will allow for the honey to be repaid, that beansthat we have to have an agree7ent that ialonger than the two years that wee got left. You ye.gone to court to ptoye that we can do what is being proposed to you today. Rev. Gibson: What if I don"t want to extend? Mir. Grassie: Sir, you know, you have to the prerogative of doing anything you like, but I'm answering Commissioner Plummerts question.. Rev. Gibson: Mr. Grassie, you know, when I hear you talk like that, it irritates my guts. Mr. Grassie: You asked me a specific question, sir and I' m giving you a specific answer. Rev. Gibson: Well, I don't like the way you answer man., you're insulting. You insult my intelligence. I don't like it. It bothers me. Mr. Grassie: Well. Rev. Gibson: It bothers me, Mr. Grassie. So you know right now how I feel. I think of the things that bothers me in government, I think people ought to be polite and I think people ought people ought to be, you know, I hope I don't have to say anymore than that. W. Anderson: One of the reasons, when we start the ... the voters approved the sale of beer in the Orange Bowl. The Miami Dolphins are the present Concessionaire. The revenue that the City will receive off the sale of hear through your present Concessionaire will be approximately S230,000 this year. So every game that there's not beer in the Orange Bowl this year the City loses 20 to $30,000 of revenue. Now, the reason it has to be done now ft takes 3,4, to 5 months to put this equipment in. If it's not approved at ,air, point, then there's not beer in the Orange Bowl this year. In answer to your question about chairbacks this year; believe me, I think chairbacks ought to be in the Orange Bowl from a personal standpoint. But to sit down and negotiate at this point, to put chairbacks in right now)we would never have beer in the Orange Bowl this year, we would not have a scoreboard in the Orange Bowl this year and this is what we were negotiating with your City Manager for, is to come up with a program that can provide City with the maximum dollars of revenue for the people and for the beer and this is what we tried to do and I thank you very much for allowing us to present this proposal and we feel with the City Manager that this is a good arrangement for the City. Rev. Gibson: I want to make this comment about the scoreboard. I played football. I go to football games, if we haven't had it all this time, another year won't hurt us. I remember so well how we tried like hell to get that scoreboard up. We did everything possible, humanly possible, and the Dolphins didn't want it and didn't need it, you remember that Reboso? Mr. Reboso: Yes. Rev. Gibson: Testify. Right! Didn't want it, didn't need it, and prohibited us. We made all sorts of concessions, so another year won't hurt us,and I ... you know, I':n going... ok, thank you sir, but I want to tell you I got some talking I want to do after they get through about telling with this contract. I got some real concern. Mr. Plummer: Well, Mr. Grassie, you're finished Mr. Anderson? Mr. Anderson: Amy other questions of us? Mr. Plummer: Alright; Mr. Grassie„.. Mr. Anderson: Thank you Mr. Plummer, Mr. Plummer: ... without violating any Sunshine Law I think I feel the temperament of this Com.asion presently. My next question immediately must be what is the alternative. Now, this Commission without any of its • MMIIM es tvi 7 10.7q daiiig is going to be greatly criticized code August, is the First gate the 5th, is that the first game in the Orange Bowl? BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mt Plummer: When the Mayor sits in the front box and he has at empty cup without a head on it and all the blame is going to be placed on the Mayor, not this Commission, just the Mayor, because he's the bad guy, ate tIl recognize that. Mayor Ferre: You read the Herald too? tr. Plummer: And, you mean the Maurice Ferre Public Relations Firm? Mayor Ferre: Yes, they're doing a real good job on that one., Mr. Plummer: What is the alternative Mr. Grassie? Mr. Plummer, is there a way in your estimation assuming that this Commission is ideal this morning is going is going to tell Mr. Anderson, thanks, but no thanks., what is the alternative? To put the Mayor on the 50 yard line, on August 5th with a cup of suds in his hands. Mr. Grassie: Well.., Mr. Plummer: Now, please speak to what I feel, and by the way, I accept your explanation of why you included the other items, ok, I understand that now. I didn't before. Now, you know... Mayor Ferre: All you need is $330,000. Mr. Plummer: Excuse me. Mayor Ferre: All you need is $330,000. Mr. Plummer: Well, I don't agree with that Mr. Mayor, now, you know, here again, we don't have it in front of us in black and white, but I'm going to tell you that I personally feel, I don't know whether that includes what for the $330,000, but you know, when we serve beer other places, it ain't $330,000 and I personally feel that that's an extremely high price for whatever you're proposing to put in the beer, (BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD). Mr. Plummer: ... excuse me, when you and I personally looked at some carts in the Superdome, of which they used to dispense beer and I cannot believe that those carts cost $330,000. Now, maybe you got some new idea that I don't know about but I doubt that I'm going to.like for that figure. Mr. Grassie: Let me... Mr. Plummer: All I'm saying is separate the scoreboard and separate the renewal of the concession, what are we talking about as an alternative to keep the Mayor from getting his head handed to him on the first game? Mr. Grassie: Let me speak first to the question of the $330,000 Commissioner and then I'll try and address the first part of your question. On the $330,000, the reason that that price is that high is that the physical limitations of the Orange Bowl do not give us enough aisle room to.put in the kind of carts that you and I saw, you know, I agree that if we had the physical room where we could get a group of fans around that kind of cart in the aisles that would be desirable. We don't have that. We just don't have the room. So the alternative is to pipe the beer, actually send the beer through plastic pipes around the stadium distributed to more points so that the crowd does nor concentrate in any one place or any half dozen places. Mr.,,Plummer: I can see the Mayor now tapping in with a straw. Mr, Grassie: Right. And, we're going to have beer dispensed in the stands. Now, that's simply because of the physical limitations of the stadium, )UN 2 ;, 1978 1_0 ....1 0c) 147C1 fir. Anderson: Secondly, you'd never have the beet 1% the upper deck under any of those other systems that you talked about because of, agaitt thephysical structure of the Orange,itselft the kegs cannot evert be *toted on theupper deck.of the Orange Howl, nor is there room. Mr. Grassie: Now, that's why it costs -more money to put it itt the Orange Bowl than it would c more contemporary stage. Rev. Gibson: May I ask.,.. Mr. Plummer: Mr. Grassie., Father, let me continue if I may, please? Mr. Grassie, I brought to your attention that I saw a very unique way I think in the polo grounds in New York for which they used for dispensing of their beer.. They, as I recall, did not dispense beer at the concess.ion stands at all. They had an apparatus whichwas a ... Kr. Grassie: A backpack. Mr. Plummer: ... a backpack or tank, as I would call it and a man carried that and he merely had a nozzle in this hand, he pulled a beer cup from here and he filled it directly from the tank, and he used that for beer Now, you know, have you considered that as an alternative to the $330,000? Mr. Anderson: Let me answer one question if I may? Mr. Plummer: Well, I would prefer my people Mr. Anderson to answer these questions and then if you wish to comment please do. Mr. Grassie: Not as an alternative but as an addition that would be incorporated also, but we need the backpacks as well as the conveying system to get it up to where you can use it with backpacks. But, yes, definitely the backpacks are one of the devices that we would be using to get the beer out in the stands. Mr. Anderson: The statistics we have Mr. Plummer state that 75% of beer is sold from the concession stands. Only 25% of the beer is sold by vendors. We were looking at an agreement whereby the City could derive the maximum amount of income of the joint effort of putting beer in your stadium and this is what we have come up with. Commissioner Gibson, if I answer one question that you made before concerning $1.5 million score- board two years ago, under that agreement, the original agreement was that the original agreement was that the City , under that scoreboard would receive only $11,000 of income when you put that $1.5 million scoreboard in, it was raised last year to be $18,000, Under the agreement whereby we're going to jointly put in a $360,000 scoreboard, you will receive more than $11,000 in the first year and in the fourth year we'll receive at least $90,000. Rev. Gibson: But the difference is we were going to own the scoreboard and we were going to control it. Mr. Anderson: You're going to control it receiving $11,000 of income. Rey. Gibson: Look, look, you all aren't telling the public what I'm saying to the public that the public needs to know. Now, you know, plus, if we're going to do this thing Mr. Grassie, not you sir, talking about the staff, the people who were hired to bring us information. Did you all talk with any of these beer companies? Mr. Grassie: Yes, sir. Mr. Grassie; What did they say? W. Grassie: gob Jennings talked at some length.with.a number of the beer companies. Rev. Gibson: What did they tell you? W. Grassie: Easically, they gave us full information on the coat of the 1'7 2 ?. 19 78 -- ptoduct, that it Would cost to make the installations. Illost of the figures that you have came frots the beer companies, Rev. Gibson: Ok. You see, I got :cote concerns that you aren't telling the public,that is we're not telling the publics or that the public don't know, the peoplein thepublic don't know to ask. 1 felt that if you wanted to sell beer in the stadium. Remember I was. a &trong advocator, but the Mayor said, you know, you got to chanceyou can't live like you used to live. I was for the change, remember that. So 1'* not going backon my word. I felt that if you had said to the beer company, a peer company or beer companies, as you all talk about you got to make thesebids available to all of the people, you know, that's how you hid streets, isn't that right Plummer? You're a great advocator up here you know about that kind of thing, making it open to the public. 1 you to say Schlitz or Budweiser, you don't know 1 know those nacres, even though I don't drink therm, I read it, ok. It would have been a nice thing snd I would b.e interested in knowing what their reaction was to such a proposal. You would have found out that you'd got some deals man, that's what I'm saying. Mr. Plummer: You don't know Schlitz and Budweiser, but you mentioned Jack Daniels, Rev. Gibson: Mr. Plummer: Rev. Gibson: Mr. Plummer: and he's right there. Alright, Jack Daniels, too then. I still Mr. Grassie would like the answer to my question. No, I want them to answer that. Ok, I'll wait for my question. Rev. Gibson: Did you talk with the... since they were charged with the responsibility of exploring. tell me what did you do? That lets me know how resourceful my staff is, ok? Mr. Grassie: The first thing that we did Commissioner was to look at what we could do. Now what we can do is determine b.y the agreements that the City already has. One of the agreements that the City has which is the 1967 concession agreement specifies that the Concessionaire whoever. he may be, the Concessionaire has the right to dispense food and beverage in the Orange Bowl. It also says that there is a prohibition against serving any alcoholic beverages. Now, since that concession agreement was approved by the City Commission you have approved a second ordinance which makes it possible to serve beer in the Orange Bowl,what we as a City are faced with,is the question and if it comes to litigation it can only be solved in the courts. It the question of whether or not the existing concession agreement covers all food and beverage. It would seem to, you know, on the face of it, it would seem to if it's legal. Now, what we have face up to is that question. We have taken the approach that rather than resolve these questions in court what we want to do is to try and resolve them through agreement, what we're trying to do is to reach an amiable understanding on questions rather than be fighting in the courts about all of these things. There is a serious question that limits what I can do, you know, I've got to live with that reality, within that reality we have checked with the industry so we know what their costs are, we know what the figures are, we got them directly from the beer industry, and then we have approached the task that you have given us which is to negotiate a way of getting beer into the Orange Bowl within these legal limits that I have to live with. So it is because of that that we have not proposed to you, that we simply go out for competitive bids, because we don't feel that that is an alternative which we can enforce without litigation. Rev. Gibson: Ok, let me ask this question. If I never had a thing and I had a law that governs all the other things that I had, I now have a new different entirely thing, and entirely different, does that law cover thing that was not even known when I made the law? ir. Grassie: I understand your question,Commissioner and you know, probably you're a... you know, you're probably a better lawyer than I am, but... t918 18 IrIImomIIIlIIIIltoII@IUNIIIIIIV9IniIIIIII9pi!II'191II'PPII'll'Plllllll!Pil ilpiu h!RllIIMINIIIII • II I Mt 1 c) in7P Rev. Gibson: No, not you've been dealing with. these. things A long tit►e Man. Mr. Grassitt The only thing that I'h1 suggesting to you is that it's not a Clem eut answer. It is not a simple answer and the. only way that that sort of thing gets resolved if you disagree is. by going to court that'•s what I'M trying to avoid, if we can do so on a reasonable basis. Mr. Plummer: Then, your answer to me is as to an alternative is there is none. Mr. Grassie: There is not an obvious apparent alternative Commissioner, you know, an alternative could be created if the queation is resolved legally. Mr. Plummer: Rut the only problem of legality actually exist with the sale of beer. It does not exist with the scoreboard and needless to say the renewal of the contract. Mr. Grassie: No, no, the scoreboard only enters into the question and the sense that you know that it has always entered into the question and that is the desirability , although not the necessity, the desirability of coordinating scoreboard advertising with concession advertising. Mayor Ferre: Alright, are there further questions of Mr. Anderson or Mr. Grassie? I'd like to just for the record reiterate as I see this thing. Number one, I'm sorry we didn't have this information in writing before, but I understand the circumstances that bring that about, I hope, I think really we should have some time to let this thing sink in and think about it. My off the cuff first impression is that we really should not look at anything else other than the specific facts that are before us on this specific matter. There are things that I would like to change in our relationship with the Dolpnins, unfortunately, we've been unable to do that and perhaps someday there'll be another day and another opportunity, but I don't think that that can really influence the practicality of what the City can or cannot or should achieve. Yes, I think Father, that the Dolphins treated us very badly ... Rev. Gibson: Like dogs. )Mayor Ferre: ... like dogs in our discussions in the past over the question of advertising on the Orange Bowl and the queation of putting up a board, you're right, we could have had a board up there 4-years ago, 5-years ago, but we didn't and it didn't happen, but I don't like to look back, perhaps that may be a weakness in my character but I don't like to be looking back all the time. I think the fact is that what we're talking about simply is a beer concession and a scoreboard and the fact is that we're talking about $350,000 a year income for the City as soon as this thing gets going and probably even more. The fact is that the beer agreement is a reasonable agreement and the fact is the that the scoreboard agreement is a reasonable agreement. Now, the only areas that I have a problem with is the question of the extension of the concession for another 8-years without getting certain things worked out that we've had problems with, and therefore my first car. of beans is that we really can't go along with this until we work out some of these problems that we've had in the past, specifically regarding advertising because I see no reason why we shouldn't be able to go to a larger board which is what we've always wanted to do and we have done it going back to Paul Andrews days if it hadn't been for the Dolphins objections as Concessionaires on the advertising problem that kept us from going to that larger board. And, I think that as J.L. just said in two - years from now that problem is solved. Now, if Mr. Robbie and the Dolphins are willing to solve the problem now then I have no problems on that. On the other hand, and to me, that'�a the only aspect of this that's a hang up because I really would like to see the City getting $350,000 income which I think we can get. I don't think we're going to do much better that. I maybe wrong. Maybe some beer company come in here and really give us a better deal, I doubt it. I think you've done a good job, I think you've looked at it fairly thoroughly, I doubt if there's Bauch of a difference and I think yes., this is good for the Dolphins but it's good for the City of !Miami and I can't be judging things as to whether they're good or 19 bad for the Dolphins. 1 can only judge things es to whether they're good for the City of Miami. Mr, Plummer: Well, Mr, Mayor, my concern still remains,you know, 1 can feel the tenure of this Commission and that is that this as proposed is not going to fly, My concern is still for the pleasure of the people who said through a referendum that they wished to indulge in the spirits. Now, Mr. Grassie, how are you going to comply with. a mandate to the public since this is in fact being said thanks, but no thanks. Mr. Grassie: You make it more difficult, Mr. Plummer; No, the people of this community told you that, sir. Mrs. Gordon: I want to remind everybody the difference between the yeas and the nays. was 26 votes. I don't think 26 votes is going to mean that much. Mayor Ferre: Yes, based on that same theory then Kennedy didn't have much of a mandate neither did most of the Presidents in the last 20 or 30 years so we, you know, an election is an election. Mrs. Gordon: We didn't have a choice on a President. We have a choice on beer. Mayor Ferre: And the choice on beer was very specific and that was for it whether it one vote or a thousand or ten thousand. Mr. Plummer: You only need one Rose, you had 25 more than you needed. Mr. Grassie: The only thing that I can suggest in answer to your question Commissioner is that we go back look at the language of all of the agreements, consult with each of you with regard to some of those provisions and see if we can work out something which will get accomplished mandate of the citizens on the question of beer still for this season. Every meeting that passes of course, puts us that far behind because there is simply a time requirement, a physical time requirement to make the installations to get the work done so that service can be provided. So every time that we do not take a decision it puts us that far into the season and it causes us to lose whatever income we would have gotten for those games. All I can say is that you know, work at it again and come back to you. Mr. Plummer: Let me be greedy for a minute. Mr. Grassie: Yes, sir. Mr. Plummer: Is there any prohibition other than what you have some problem with, the language of a present contract, which I do not of the City inhouse handling the distribution of such and we keep the entire profit. At. Grassie: Well, you know, I hate to be a lawyer for the third time in twenty minutes but my impression is that the same provisions apply to the City as applied to anyone else in that the existing concession agreement seems to be written in a relatively encompassing way. V.r. Plummer: Mr. Grassie, you didn't understand me. You know, assuming that I'm right and you're wrong that there is no problem. Mr. Grassie: If you're right then we can do it. Mr. Plummer: Ok. 3rjt. Grassie: If you're right anybody can do it. I mean we can go out to hid and anybody could do it if you're right. Mr. Plummer; Ok. Because to to the language is very clear and in my understanding of the language it definitely prohibits by the present Concessionaire the distribution of alcoholic beverages. 1978 2. 0 r-, r, - -. Mr, Grassie: No question about that. Mr. ?luMMer: Aright' so I haye no problems ,ith. that r you kfoW, that original contract would have to be rewritten to allow it to be done now because he is prohibited from doing it and that would have tb be changed, Mr. Grassier That is exactly true. Mr. Plummer: Now, assuming that we think positive for a change and we proceed, is there anything to prevent the City from being the Concessionaire as we are on the and handle it inhouse? Mr. Anderson: Sell the beer in the parking lot. Mr. Plummer: Excuse me, I didn't say that. Mr. Grassie: The only thing that I am aware of is a provision in the same agreement that you allude to whichis a concession agreement and that would be the only thing that would be preventing us. Now, if that is not a barrier than we could do it. Rev. Gibson: Let me ask a question. Mr. Plummer: But, excuse me, Father, let me pursue. that. The only way you're going to find that out is to pursue it, first through the City Attorney's office assuming that that opinion came back agreeing with me ok? That is an alternative and gives the City the full profit, is that correct? Mr. Grassie: It would be correct. Mr. Plummer: Has that opinion been asked for of the City Attorney's office? Mr. Grassie: I believe they have reviewed the agreement. I don't whether. they've reduced it to writing. Mr. Plummer: May I s.ee a copy of that opinion? Mr. Grassie: I do not know that they reduced it to writing. Mr. Alvarez: Our office has issued an opinion. I don't think it addresses specifically the point that you're making. I will secure a copy in a few minutes for it. Mr. Plummer: Well, the whole point is the point that Mr. Grassie am discussing, so I don't know what other opinion you would be addressing, but I'll be glad to wait. You know, my main concern Mr. 'Grassie, is that on August 5th, that we follow the mandate of the public, ok? Now, if to do that, and to do it fairly to all parties concerned if we have to setup the initial inhouse to run it, to get it, let's say one year, and at the end of the year or two years concurrently with the present concession contract , it then is being turned over by the City and negotiated as a full package. You understand my concern right now is comply with the August 5th deadline as I will say. Mr. Grassie: Will that include the City's putting up the $330,000 of fund money? Mr. Plummer: That, we'll argue about. At this point I'"m not saying that $330,000 is fair because to me off the top of my head it seems like an awful lot of money for dispensing of beer. Now, if you come to me and show me facts_and figures.that justify the $330,000 expenditure, yes, sir it would include that because that's negotiable in 2-years to get that money back from the Concessionaire, whoever is the lucky bidder. Mr. Grassie: Well,,,. Mayor Ferre: Well, now Z want to recognize .,; 'JUN 221978 Mr. Plummer: You see, the reason why I'm lost Mr. Mayor, the key point iti this whole thing is yet to be determined from what I'M heating, the key point isand the strength of the argument of administration isthat they feel that the present contract won'•t allow anything but Mt. Robbie, excuse me, the present Concessionaire, yet the City Attorney's officeis telling me that they have not issued an opinion speaking to that particular point, now that's where I fall apart with the Administration. If that is the hangup or the key factor it would seem like to me that that would have been the point that would have been established first. Mayor Ferre: Alright, Mr. Plummer, the fact is that it's 9:20. We've been at this for one hour and twenty minutes, and well obviously, we're not going to come to any conclusions today. I would like for any further questions to be into the record for the Manager to have and then ask him to report back as soon as he has these answers. Mr. Plummer: Mr. Mayor, let me tell you something, the way I feel about this. We need to take another two hours this morning to comply with the mandate of the people for August 5th, I'm willing to sit here another two hours. Mayor Ferre: Mr. Plummer, I might remind you of your statements to me last night about if a fact, if the American run the meeting tomorrow as I ran this meeting we'll get out in time. I didn't want to embarrass you last night by saying that you're the one that speaks,of the total tapes if you'll tape them you are on the record 60 to 70% of the time. Mr. Plummer: No, I think the Clerk will tell you differently. Mayor Ferre: So I think the point is very simply this, I don't mean to embarrass or be disrespectful to you but if you want to get this meeting going and so that we can keep reasonably on the schedule that we have, in my opinion is that since we're not going to conclude this today that you put your questions on the record, that we instruct the Manager to come back with recommendation after further study legal and otherwise and we'll discuss it again, because obviously we're not coming to a conclusion today. As I understand it the concensus of this Commission is that other avenues be ... Rev. Gibson: Be explored. Mayor Ferre: ...be explored, that the legal aspects of it be answered, that you go back and discuss, I think we need documentation, we need things that we can read and study, and as far as I'm concerned, I think both the beer, I've already expressed that and the scoreboard are reasonable deals. My only problem is with the question of extending the concession. I want you to look into that for me. Plummer has a legal question. Gibson brought up some questions about alternatives. Reboso asked some questions about what are we getting fort Are we going to get some chair - backs? And, what...? You know, so you go into as best you can and come back at the next Commission meeting or whenever you're ready. Rev. Gibson: One other question I'd like for them to answer? You know, if you're selling Budweiser over aginst Schlitz, there gets to be a consideration. I want the Legal Department to raise those questions, you know what I mean? Mr. Grasie: I'm not... • Rev. Gibson: 0h yes, if,you know, if I'm going to sell Budweiser over against Schlitz, you know, I must have some reasons, you know, see what I'm talking about. Mr, Anderson: Who determines what hotdog you sell? Rev, Gibson: I know this one thing it's an advertising process'so hotdog isn't an advertising process... MF, Plummer: We do. 1978 1 ' ccui 221978 Rev. Gibson: ... beer it/ an advertising process because you get one name out thereall thetitie.t tan. You don't know that I know that. Oki answer that when you cote back, Mayor Ferre: Alright, thankyou very much Mr. Anderson and Mr. Robbie, and we'll see you again. 3. Possible removal of 4-MILL BRIEF DISCUSSION ITEM! PENSION COSTS FROM 10 MILL CAP Mayer Ferre: We're now on item 1/ B. Mr. Manager, report on the possibility of removing 4-mill for Pension costs from the overall 10-mill municipal tax levy cap. Mr. Grassie: This was a question asked by the City Commission at your last meeting Mr. Mayor, and members of the City Commission, and Mr. Gunderson is here to speak to the question. Mr. Gunderson: Members of the Commission, the question that you asked is whether or not the 4-mill that is proposed for pension can be taken outside 10-mill restriction. The answer to the question is yes it can be but two things are required. 0ne, there needs to be a statutory change to the Florida Statutes, Statute 200, and also a consitutional amendment which would require a referendum through legislative action in order to accomplish.The statutory change would require that the word pension be inserted after the word "except" in the statute so that it is outside of., the 10-mill restriction. The present things that are outside the 10-mill restriction are debt service and special benefits. The Attorney General has ruled the special benefl.rs refers to property assessment taxes and does not refer to employee benefits therefore, in order to accomplish it you would have to insert the word pension over and above the languages that now exist within that statue in order to accomplish the 4-mill out- side of the 10-mill, in addition to that, you'd have to have the Article IX of the constitution amended to also provide that ability and that would require a referendum through the State Legislature to the people. Mr. Plummer: Mr. Gunderson, let me ask you this question, just trying, I read with your memo here, which is really not what we asked the Administration to do or the way I intended for the Administration to respond. I understood the law and I could have written this memo for you what has to be done to comply with the law. I think that the responsibility that we charged the Administration was was to develop a position paper as far as this City is concerned with. Number one, was it practical to try to endeaver to get such a thing implemented? Number two, what are the other states around this country have as far as, whether or not it is included in the general operation? I think what we would like to see developed is a position paper giving us as much background and research that can be done because other cities, namely New York City is probably the glaring example as to problems with pension, and how they are addressing this problem, what they're doing if anything to overcome it and I doubt that New York City can overcome the problem. But the problem that we here personally are experiencing is a continuing escalating,increasing problem. Now, the Pension Board felt that possibly this in fairness was one exclusion or one possibility to explore, to try and give this City some relief or over burden 4 out of your 10 out of your general operating with the possibility where there were exclusions for other things out the 10 that this might be considered and if such,if realistic and practical could be pursued? That's what I would like to see the Administration develop how other people are handling problems and come down with the bottomline saying that this matter is not practical, it can't be done, it would never be done, or things of that nature, do you understand what I'm saying? Mr. Gunderson: Yes, I understand. The bottomline... Mt. Plufter: it's no Bask task, Mr. Craaaie: Well, certainly we'd be happy to tackle that COMthissionero it would of course, involve an evaluation, a judgMent; withregard to the political possibility of getting new legislation.. Mr. Plummer: That's. true. Mr. Grassie: And, we can try and accomplish that for you. Mr. Plummer: Instead of saying politically, I said practical. Is it practical could such a thing? I don't want this City to pursue such a matter if the practicality, which is also politically is, you knows forget it it'll never happen, why spin our wheels? Mr. Grassie: True. Mrs. Gordon: There is another angle or aspect that that doesn't even touch on J. L., and that is the fact the 4-mill is the limit of the capability for funding and we've already arrived at that. Mr. Plummer: Well, we will this year. Mrs. Gordon: And, yes, this year. How that's going to be handled in future years with the normal requirement not even considering anything that would not be considered normal will bring it above the 4-mill. I think we have to address ourselves very quickly to that problem. Mr. Plummer: Well, as long as Mr. Gunderson understands, let me ask you Mr. Gunderson just for the record, part of the instructions and asking for this to be brought before the Commission was to talk with Mr. Rick Sisser, who is our liaison, did you do such? Mr. Gunderson: I've done this many months ago, yes, sir. Mr. Plummer: As to the possibility of pursuing this? Mr. Gunderson: Yes. Mr. Plummer: Alright, thank you. Mayor Ferre: Anything else? Mr. Plummer: No, he'll go back and pursue it further and come back with another report. Mayor Ferre: Alright. Mrs. Gordon: The question ... Mayor Ferre: Are there any other question on item B? Mrs. Gordon: that I want answered and also I guess in the legal nature is if other funding sources can be made available, if they were available to fund the pension requirement above the 4-mill, you know. what I'm trying to say? I'm saying if you hit the 4-mill and you have certain requirements to keep the funding of the program going you can't get it from the millage assessment where do you get it from if you can get it from some other places, is that a legal procedure, ok? Mr. Plummer: Well, I think also, in that same legal question Mr. Alvarez, I think this whole thing about that 4-mill, because you know, only in the character of the City of Miami through a special act of the legislature does that exist and that was some of the things I was hoping that the Administration would come back with, that this special provision, which is in fact an act of the legislature doesn't exist in other budgets or in other charters. Now, we seem to be very unique in that situation and I want you to address that because that uniqueness might be the key that could bring A,t. 2 2 1978 about the change that is tieeded and desired. 4. (a) REPORT OF LEASE NEGOTIATIONS WITH MONTY TRAINOR (b) SEEK RENEGOTIATION OF PAYMENTS ON MILEY PROPERTY Mayor Ferre: Alright, we're on item 1l C, which is, the report on the status of the lease negotiations with Monty Trainor. Mr. Grassie: Mr. Mayor and members,of the City Commission, I'm going to ask Dick Fosmoen to start the report on this for you. Mr. Fosmoen: Mr. Mayor, and members of the Commission. We have in accordance with your instructions in negotiating with Mr. Trainor and his attorney on a change in the schedule of payments for Mr. Trainor's lease. In your packet which you received last evening there is a memorandum as well as, a signed agreement by Mr. Trainor changing that schedule so that it is not front and loaded as it currently is. However, over the term of the payments through 1986, the revenue to the City remains the same. We have incorporated into the amendment to the current lease,a 61% penalty payment for Mr. Trainor for this adjustment in the lease payments. We've also incorporated into the new or the amendement to .the current lease a 5% penalty payment for any late rental payments or any late taxes that are due on the property. Those are the major changes that were made into the agreement. Mayor Ferre: Counselor? Mr. Block: (Attorney for Monty Trainor). Yes, sir we agree to those negotiations. Mayor Ferre: I've read over the ... I read the papers yesterday and I read them again this morning, and I think that what you've come up with is a reasonable alternative. Have you, Mr. Grassie, I assume that this obviously meets with your approval. Mr. Grassie: It does, sir. Mayor Ferre: You think it's a reasonable alternative? Mr. Grassie: We're trying to carry out the direction of the City Commission, yes. Mayor Ferre: No, I didn't,you're always hedging on me. Mrs. Gordon: I have a question when you're ready. Mr. Plummer: Let me tell, excuse me, excuse me. You know, that's where this City Commission gets itself in the press in bad light. This City Commission never instructed you,the Administration, to go back and renegotiate this lease. We told you to, as requested by counsel of the restaurant to go back and talk about this matter and see if there was a way that in fact this could be renegotiated. We didn't tell you to go back and renegotiate. We told you to explore the possibilities as was proffered by counsel then come back before this Commission and the Commission would make the decision. Mayor Ferre: J. L., I have a different perception of it, you know, and you know my problem with the Miami Herald is that their editorials usually have the opposite effect on me and I try very, very hard I've even, you know, I really spend time trying to control my emotions so that I don't have the snap type of, because anything that they're for I automatically feel against and what they're against I'm for and I want to say on the record that their editorial in trying to ridicule me in a derogatory personal sense has nothing to do with my judgment on this.I will make my own judgement in my own way and I will not be influenced,... the tendency would be to be 45 t_Ititi 1978 influenced -to he s.tron iy tot something after they''ve taken the kind of position tney ha• Ve.4 I'm sating this with. all honesty and I Want you to believe it, that my pidgtgent is completely of as Much AS. it's possible to be objective.. Monty Trainor has had a very difficult time. Monty Trainor is not the most in some ways, I think that there are a lot of things that he could have_done that he hasn't done and he'•s an abrasive sort of an indiyidual at times, that not withstanding, the fact is that he has done a tremendous amount for Coconut Grove , risking his own money and working hard to get something done. I think that the personal type of confrontation of the very poor taste of the Herald'•s editorial taking out of context what I said about a bird in the hand, nevertheless I'm going to repeat, he's there, he's effective, and he's. doing a fairly good job. for the community. Now, the question comes up as to the fairness of the lease. Now, the lease that he had when he negotiated was based on the premise that he was going to get a liquor license. He was unable to get a liquor license for a lot of reasons, some of which were not his fault, some of which were really the bureaucratic problema he didn't get the parking, well he didn't have the parking because he didn't put in the landscaping and he didn'•t do this and that, so whose at fault and . whose to blame, I really don't know, but ... let me finish. But, the fact is that I think that there are a lot of reasons for this type of problem and delay. Now, the fact also is that if you compare which of course, the. editorial writers and the Herald just don't want to be bothered with logic or with reason, so they don't even look at these things in a reasonable way. If you compare the other contracts that the City of Miami has, yes, they're different, it's not apples to oranges. The Rusty Pelican is a different situation . Miamarina is a different... but that not withstanding if you compare and you take into account that we're not comparing apples to apples, if you take that into account the fact is that Monty Trainor's deal was an accessible difficult and high cash flow deal in the beginning. Now, what I understand has been accomplished here is that over a nine or ten year period,the same amount of money will be paid including an interest payment for the difference in penalties,so what I like about this deal is that we end up at the end of the period in the same place, we make it a little bit easier for Monty Trainor in the beginning, the fact is that $90,000 for the year 1978 is not an unreasonable amount of money, I mean, that's something that I don't think we need to be ashamed of, I certainly wouldn't be ashamed of that, and then it steps up to $120,000 for two years, $140,000, and then it goes to $130,000 and then then finally $163,000. The fact that there are penalties. The fact that there are cutoff dates I think makes this a tougher contract and one in which Trainor is really going to have to live up to because there is no going back beyond this. Now, if he can live up to and do it and do it then I'll tell you I'm all for it and I think it is, I've read this very carefully. It's a two -page amendment to the agreement. It makes a lot of sense, and I'm for it. Mrs. Gordon: Mr. Mayor, may I ask a few questions relating to the payments that are due to 0. B. Miley. What amout of money do we have to go out of pocket and ... I read your memorandum so I know we're going to go out of pocket, is that right Mr. Fosmoen? Mr. Fosmoen: Yes, that's correct. Mrs. Gordon: Ok. Now, the question is do we have the money to go out of pocket? Mr. Fosmoen: We have already done that this year Commissioner, and we'll budget for it this year. Mrs. Gordon: Ok. Well, what I'm trying to get to is this, since we are considering a renegotiation on the lease, is it possible to renegotiate with 0.B. Miley on the same consideration, the income is less for us... Mayor Ferre: That's a good point, Rose. Mrs, Gordon: ... and perhaps we can, you know, renegotiate with him, sweeten some aspect of it so that he would be interested in the renegotiation. uNN'1978 no Mayot Fefte: pose, its the neXt to the last paragraph on page 2, it says it was, deter fined that the difference between the amount of revenue redeived and thepayments. due to p B. Miley Mrs, Cordon: I saw that Mr, Mayor,. Mayor Ferre: ,,, is $100,000 for this year, and $12,00.0 for 1979 and $25,000 for 1980, and I guess beyond that it catches up. Mrs, Gordon: See, the whole thing about this proposition that was so interesting to us- in the very beginning was that the City was going to acquire a piece of land without any outlay of capital and•still interesting because it's still going to work that way to a lesser degree. Now, I would, I'll go along on this amendment, because I really think it was setup wrong in the first place because of the capital investment that was needed to bring the property into a posture that could return the kind of revenue that it needs, that's why that was an error that's being corrected now, but on the same hand when we finish taking care of this, I'd like to see ua move to instruct the Manager to contract O.B. Miley, ok? Mayor Ferre: Yes, I'm glad you pointed that out. Yes, J.L.? Mr. Plummer: Mr. Grassie, it states here in your memorandum, and I must assume since it a preservation being made before the Commission that he has become current with all payments. Mr. Fosmoen: Yes, sir. Mr. Plummer: In other words, he has paid the, as I would read it, $190,000 he has paid for 1978. Mr. Fosmoen: No, no. That is an adjustment to the schedule. The other payments, the rental payments, taxes, the sale taxes, those are all current sir. Mr. Plummer: You don't consider the City's lease as being part of it? Mr. Fosmoen: That's in the proposed adjustment, Mr. Plummer, $90,000 in 1978, $120,000 in 1979 , that's part of the amended agreement. Mr. Plummer: I read here, first of all, I'm to understand that Mr. Trainor has not paid his rent, is that correct? Mr. Fosmoen: All of his payments with the exception of the single end of year lodge payment are current, and they're adjusting that single end of year lodge payment. Mr. Plummer: Well, let me tell you what my concern is I disagree with the Mayor, because without even going back to the original minutes, but I do believe that I made the statement that when this contract was let that it would not be on basis of if he got a liquor license, because we did not control that,and as such, we could not guarantee that he would get the liquor license so we could not accept that he would have this contract based on something he may or may not get. My problem still is the same today. It is being said here that in fact the whole thing still hinges on him getting a liquor license or he can't financially make ends meet. And, here again my concern is still the same we cannot guarantee he will get a liquor license, so you're saying that if we renew this contract,we in fact, are guaranteeing or we ain't going to get paid. Mr. Fosmoen: If I may respond? Mr. Plummer: Please. Mr. Fosmoen: One of the reasons Mr. Trainor has not been able to get a liquor license because the City has not yet designated parking, part of that original contract says that the City shall designate parking. We have site plans in for improvement of the parking next door to Mr, Trainor, which will be counted against his parking, It will be available to the public. Mr. Trainor will make those improvements creating a parking lot, public parking 27 t J 22177E NMI it will be counted against his necessary parking for his:liquor license.: Mt. Plummet: We11t hut here agaf01 thatt•s only otie_ criteria, Of require*' lent for a liquor license. Mr. Fosmoen: That's correct sir, but that is one of the things that we. have to work with Mr. Trainor on, beyond that sir, it is not our responsibility. I agree with you, Mr. Plummer: Alright, but Mr. Postmen. what I'm saying there are many criteria to be met in the pursuit of a liquor license. Mr. Fosmoen: That's correct. Mr. Plummer: And, I always refer to it as going to give blood free of charge they find every reason in the world not to takeyour blood before they do. Now it's the same thing with issuance of liquor li.censet they find every reason to not give you the license before they give it to you, and I'm still saying to you that my concern remains today asit did in the beginning; that this contract cannot and should not,hinge on what might happen in the future. The answer is simple. He's denied for whatever reason_, (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mr. Plummer: Well, but you see, where are we? Mr. Block: Commissioner Plummer, maybe I can help you in this regard. I've talked to Mr., Trainor about this and he has discussed i.t with the State Authoritieswho grant the liquor license, and he says" that the only problew now in getting the liquor license is meeting the parking requirements that the City has failed to provide under the lease. Now, technically, under the lease, the City is in default, and Mr. Trainor could go to court based upon his damages, based upon the City's default, but Monty does not look at this lease as a document to use as a bludgeon against the City based upon its default. What Monty wants to do is to work in a partnership so that the revenues can be increased, so that the City can get substantial revenues from this concession over an above these minimums, and so that Monty can do as well, so that he can improve this to make more revenues, and it's an ongoing process for the partnership. Mr. Plummer: Well... that sir, I accept what you say as being unacceptable, because let's tell the whole truth. It is not this City that has in fact, been the stumbling block of the parking. That parking as you will remember was tied into the north of Monty's, and not any doing of this City that wind up in a very long and legal background or into a court suit. Mayor Ferre: Are you talking about with the Coast Guards? Mr. Plummer: No, not at all. Because... Mr. Block: I beg to differ with you Mr. Plummer, that parking I assume you're referring to has to do with the Kelly Property,, Mr. Plummer: That is correct, sir. W. Block: The parking we're referring to ha? nothing to do with the Kelly Property , it is. south of Monty's Restaurant, and it now has a basketball court right in the middle of it. Mr. Plummer: Are you tolling me that in the lease it specifies the Coast Guard? Mr, Block: it doeftn't spec:ity the Kelly Property and the designated parking by the City watt the 1)4041►4,, Mr, Plummer: Then sir, I call your attention to go hack and look at the presentation or hr. Trainor :before this Commission, and it showed the parking, on the Kelly Property, i,J18 it VI 403 �_II1N 22.1978 Mrs Block: Moo air; not hailing to do with the Bayshore Restaurant. Mayor yefre; Relit looks let's not get in an argument Mrs, Gordon: May 1 Bring some other points up Mr. Mayor/ Mayor Ferre: Yes, Rose, of course, but J.L., just on the parking thing, you know 1 don't want to embarrass the Administration on this but_the fact is, that they were requested to ask permission of the federal government to park ,, . . Mr. Plummer: Whether or not they could. Mayor Ferre: .., whether, yes, over a year ago, and do you know. that that letter only went out about three months ago? Mr. Block: Three weeks ago. Mayor Ferre: Three weeks ago, so in other words, it took us over a year to get out a simple little letter requesting permission from the federal government to be able to park there, you know..,. Mr. Plummer: Have we got an answer to that simple little letter? Mr. Fosmoen: No, sir. Mayor Ferre: Well, it was. sent three weeks ago, and this is requested over a year ago, so you know, you got to balance these things with the reality if were going to be judges and pass judgment and we can't do it like those editorial writers without knowledge you got to have the full facts before us.. Mr. Block: That parking site, either Mr. Trainor or his architects, or his designers, or myself, or in have gone down to parking and zoning since September an.; the last several months. somebody has, been going down there every few days to try to expedite this. matter.. We've got I don't know how many changes and plans an so forth and that's where the road block is. In the meantime, somebody put a basketball court right in the middle of a.. Mayor Ferre: Let's not get into that,please. Mrs. Gordon: Can I ask you a question Mr. Block? 061 Mayor Ferre: Rose. Mr...Block: Yes, ma'am. Mrs. Gordon: On this list of improvements to the property Mr. Trainor have the money to do those improvements? Mr. Block: He is the ... I don't have the memo in front of me. Mrs. Gordon: $262,500. Mr. Block: As I believe some of those improvements have already been made, some are to be made. Mrs. Gordon: I'll read them to you, the new roof for the restaurant. Mr. Block: That has not been made, and he will be able to come up with those funds to make those improvements. Now, I don't know whether that is through loans or what have you over the period of time, over the period of time. Mrs. Gordon: Ok, a new roof for the Raw Bar and new fire prevention water- line for the Docks. Mr. Block: Which has begun. 29 JUN 22 ?QM Mrs. Gordon: And, con$truction of the new lounge for the greater seating in order to qualify for your liquor license , $100,000 item=, landscaping, lighting, and so forth, another $100,000 item, and then the air condition ing for the restaurant, another $30,000 item, these total $262,500. t wanted to bring this to the table for the reason being that it points out the amount of money that must be put into the property to make it productive, and some of these items will, in fact, all will remain with a property, therefore, the improvements are being made to the lessor's property, that's us, you see, so if he's default after he does these improvements , if we have to come in and take back the property we have received in fact improvements to over $200,000. So, I ... Mayor Ferre: Well, but, I think Rose has really asked the practical, the key question has been asked by Rose Gordon in all this Mr. Manager. And, I think the key question from a pragmatic practical point of view is, does Trainor have the money, forget the $500,000 new 'roof that's not, does he have $100,000 for the new lounge, does he have $100,000 for the landscaping, because that's really where the key is? Mr. Block: Yes, sir, he's going to be able to come up with those funds out of revenues, but the problem was that those are absolute necessities, the air conditioner has to be in there to get the people in to continue the revenues, these are absolute necessities. Mayor Ferre: Out of revenues, Dick? Mr. Fosmoen: I'm sure that Mr. Trainor is going to take a loan and pay that loan off from increased revenues. Mayor Ferre: I see. Let me ask you this so that have a clear understanding of all of this, is there a time schedule on this or is he going to do this five years from now? Mr. Fosmoen: Some of those items have time schedules attached. for instance, the new fire prevention waterline. Mayor Ferre: No, no, I'm not interested in that, the small stuff. I'm interested in the $100,000 for the new lounge and the $100,000 for land- scaping to meet the ... Mr. Fosmoen: The $100,000 for landscaping Mr. Trainor is going to have to put in in order to qualify for his liquor license that's the improvement for the parking lot. My impression is that the $100,000 for the improvements of the lounge is going to be necessary for the liquor license as well. Mayor Ferre: So that has to be done now? Mr. Fosmoen: Yes. Mayor Ferre: Ok. Any other questions? What's the will of this Commission? Mrs. Gordon: Ok, I bite the bullet. I don't see any other way that we can proceed to obtain this property which is the ultimate goal of the City and the reason for the lease in the first place unless we proceed to make a reasonable arrangement whereby the property can be made for by the lessee and us pay the money to the seller, so I'll move it. Mayor Ferre: There's a motion, is there a second? Mr. Reboso: Second. Mayor Ferre: Second. Further discussion. Ca11 the roll. The preceding motion introduced by Commissioner Gordon and seconded by Commissioner Reboso was passed and adopted b' the following vote - AYES; Mrs. Gordon, Mr. Reboso, Rev. Gibson, and Mayor Ferre.. NOES; Mr. Plummer. SAID MOTION WAS DESIGNATED MOTION NO, 78-417, SEE CONFIRMING RESOLUTION NO. 78-434. JUN 2?.1978 41106 014 ROLL CALL: Mr. Plummer: Well, before 1 cast by Vote. I should have done it before, but let one Make try Comments now: Since this whole issue seems to resolve around the issuance of a liquor license to wake this. financially feasible or not feasible, I think that we are putting the cart before the horse, in fact, what I'm saying is that I think that thisthing if negotiated should only be done after the facts, and the facta are the issuance of the liquor license, so I feel that this, at this time to renew this contract with the key ingredient which I don't agree with and did not vote for in the original presentation is out of order and I would not even consider renegotiating a new contract until such time as the so- called key factor is resolved. So at this time, I must vote no:. Rev. Gibson: Mr. Mayor, members of the Commission, I did not -vote for .this in the beginning. I think Plummer and I were the two not rioting. I believe that we ought to bend backward to give a man an opportunity to survive. That's one of the things I think we owe people. I don't always agree with some things, however, I would hope out of fairness to the public that we put a time limit on this business so that if he doesn't get this thing moving that we don't continue to hang. And, I'm going to vote to give the man the opportunity to get this house in order with the specific understanding that there is a time element in here somewhere. Now, what is reasonable time wise? Mr. Plummer: Mayor Ferre: Mr. Fosmoen: is $120,000. Well, Father... Wait a minute, Dick, I see you say, what does that mean? Well, if you're looking for a time limit the next payment Now, in order for Mr. Trainor to do that he's going to have to have a liquor license. Rev. Gibson: Mr. Fosmoen: Ok, that's at the end, when? That's due in 1979, sir. Mayor Ferre: The next payment. Rev. Gibson: Alright, go ahead. Mayor Ferre: That's one year. Rev. Gibson: That's alright, go ahead. That's reasonable.. Mayor Ferre: In answer to my good friend J.L. Plummer's statement, this is a chicken -egg situation, and you know, that I've got this old saying, .... Mr. Plummer: Mayor Ferre: Mr. Plummer: Behold the turtle... ... behold the turtle. He makes turtle soup. Mayor Ferre: He doesn't make any progress unless he sticks his neck out and we live in a community which traditionally, out of fear of criticism and, I'm not talking about you J.L., but I'm talking about some many other things in this community, everybody is worried about what somebody Downtown is going to think and since the people of Downtown s.ometimea don't think and since they are against more things than they'•re for we end up with a community that has had very, very little progress and then they go about blaming the structure, saying that the City has got to go and all these kind of foolishness. that doesn't really answer the main basic question and this is a chicken -egg situation. Now, we've got to move forward. I think this is a progressive step developing a piece of property for the City of Miami and the people of Miami and therefore vote with the motion, 1 vote 31 'J► UN 2 21978 Mt, Plu 'nett Mr: Mayor 0 Eat .the fecordf please,:, Hts, Gdtdort: 04$ ahead .1ktk Mr, Floater* :. ,. I would like to indicate that this ttect pay:ent that is due is for 1978, We still have six months. itt reality before that payment is due and I feel that all of these prob.lems in this thing could be resolved before that payment in fact, is due and I just feel that all of these problems which seem to be the key should be resolved before you renegotiate that was the reason that I indicated what I did. As you also will recall I have great problems Mr. Mayor, and still have problems because I remember very vividly sitting in the sunshine when it was said that this property could never be used for anything other than open space, and I think that you're going to have a problem with that and that problem is now compounded, that what the counselor has said could be,true that if that property is not available, if the federal government comes back and -says that property is not available for parking we're back in the same jackpot so I think that... Mayor Ferre: Maybe. Mr. Plummer: ... my opinion is that these matters should be resolved. You got six months left of 1978 to do such before you renegotiate and that was the reason for my vote. Mayor Ferre: Well, I certainly hope that we can solve them, you know, this may all end up in zero, but you know, nothing ventured, nothing gained, at least we're trying, I hope it works out if it doesn't , well we'll have to find somebody else and do something else with it. Mrs. Gordon: Ok, Mr. Mayor, would you take a motion to the Manager to contact Mr. O.B. Miley for a possibility of a revision to the payment scheduled which weowe him for the price of the land. I so move. Mayor Ferre: Based on the change in the circumstances. Mrs. Gordon: Right. Based on the change in the lease payments. Mayor Ferre: Is there a second to the motion? Second to the motion. Seconded by Gibson. Further discussion. Call the roll. Mr. Grassie: By way of explanation Mr. Mayor, how much latitude do we have if we ask Miley for a ... Mayor Ferre: She didn't put restrictions in her motion, she just said go and renegotiate and comeback with a recommendation and don't come back and tell us due to the Commission to the circumstances surrounding this when you come back. You come hack with something that you canlrecommend. Mrs. Gordon: I would,as a suggestion to you, that we'd break even and whatever dificit we would incur during that period of years where there appears to be some deficit between payment to Miley and receipt from Trainor that that amount be added on to the more productive years which are a little bit further down the line. Mr. Grassie: Ok, just so we understand each other then, there is the... you know , if we are asking something of Miley they will want something in return. There is the possibility then of increasing somehow compensation in later years... Mayor Ferre: Hey, Mr. Grassie .., Mrs. Gordon: We ask you to make suggestions and recommendations to us. Mayor Ferre: You go and negotiate and bring back and we will see whether we accept it or not. I mean that's the way this thing runs, you know. Dick, you smile , I want to tell you something, and I may as well get it out on top of the table because this is something that really has concerned me. The Administration gets upset because you are instructed to go negotiate and then you come. back with what you think is a very good deal and the Commission doesn't accept , then you get upset because, but you know, we just happen to have that kind of a government, This is a ManagerrCommjatsion J t}N 2 2 1978 32 form 64 government and you have to take into account that when we tell you to go negotiate you've got to take the responsibility, you can't code back here and salt l really donkt agreewith it but since that'•s the will of the Co�mniasio i, ve'•ve done it under the circumstances thig is. the best that we eat do. And then the Commission turns around and turns it downt and you get upset about this thing, The point is this, go do the beat you can. There's no guarantee that you're going to go heaven, you know, just go do what you can and When you come back we'll discuss it again. I think, I personally think that you've done a fabulous job in negotiating this and other contracts in the past. I don't think they could have been any better, so go try your best and come back and unaybe, hopefully we'll agree. That was moved and seconded wasn't it? Mrs. Gordon: Yes. Mr, Ongie: We have not called the roll. Mayor Ferre: What? Mr. Ongie: We have not called the roll. Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Gordon. who moved its adoption: MOTION NO. 78-418 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONTACT 0. B. MILEY TO DISCUSS THE POSSIBILITY OF RENEGOTIATING THE CITY'S SCHEDULE OF PAYMENTS ON THE PROPERTY BEING PURCHASED BY THE CITY. Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote: AYES: Mrs. Gordon. Mr. Reboso, Rev. Gibson, and Mayor Ferre. NOES: Mr. Plummer. ABSENT: None. ON ROLL CALL: Mr. Plummer: Same thing I think is premature to the whole ball of wax so I must vote in the negative. I would prefer to wait until such time as the key questions have been answered and I would have to vote in the negative. Plagler Street Highway Imorove- 5, RECEXVE SEALE.D-111 S! dent H-4372-A (3rd Bidding) and Extension H-4391-A (3rd- Bidding) Item #6. This being the date and time advertised for receiving sealed bids for Flagier Street Highway Improvement H-4372-A (3rd Bidding), the. Mayor announced that the City Commission was now ready to receive sealed bids: The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 78-419 A MOTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: FLAGLER STREET HIGHWAY IMPROVE— MENT H-4372-A (3rd Bidding) and EXTENSION H-4391-A (3rd Bidding). Upon being seconded by Commissioner Gordon, the. resolution was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: Marks Brothers Co. (Not Inc.) 1313 N. W. 97th Avenue Miami, Florida 6, BRIEF LISCUSSION ITEM: Memorandum received from new Director of PLANNING DEPARTMEN Mayor Ferre: Mr. Grassie: sir. Mayor Ferre: Mr. Grassie: you were out Director for Mr. Plummer: Mr. Grassie: all of you. Mr. Plummer: Mr. Grassie, is Jim Reid here? (repeat) He was Mr. Mayor, I don't see him for the moment, yes he is Have we met him? Some the Commissioners have met him personally, I think that of the City from the last... Jim Reid, the new Planning the City, who has just come aboard ... Oh, I met him, yes. ... has met some of you and is making appointments to meet He was here at the last Commission meeting. 34 J u N 2 ? 'JUN 221978 Mr. Grassie: Yes. Mayor Ferret I didn't meet hit at the last Commission meeting and I don't begin, I guess this is my day for picking on you, but out of courtesy to the Mayor and the members of the Commission and to the people, I would be very grateful, you know, if we had the same thing With Jack, last time and I really think it's important. When you get a new member of the Administration, that has a responsible job ... that he really be introduced to the Commission and that you ask him to right away, because, you know,the man has been here for what, three weeks now? Mr. Grassie: One week. Mayor Ferre: Well, how could he be here for one week if he was here at the last Commission meeting? Mr. Fosmoen: He came on a week ago, Monday, sir, June 12th. Mayor Ferre: I think it would be just out of a matter of courtesy that, I read this memorandum about Jim Reid Director of Planning, I don't know who he is, I mean, this is the first time I ever heard of Jim Reed. Mr. Grassie: We're trying to get around to meet each one of the City Commissioners. Mayor Ferre: And, the reason I wanted to meet him is I want to ask him to please not write four page memorandums that... I want you to know that I used this to go to sleep last night. Would you explain it in English? Mr. Grassie: Sure. Mayor Ferre: Did you read Jim Reid's memorandum was my question? Mr. Plummer: In reference to what? ... Oh, no, no I didn't read it. Mr. Fosmoen: The memorandum that you're referring to was sent to you for information Mr. Mayor. Mayor Ferre: You're talking about Mr. Reid's memorandum, about platting? Mr. Fosmoen: Yes, the one on platting. Mayor Ferre: Well, I want to tell you that Mrs. Gordon has been bringing up some very, very important points and the more I hear them, the more I realize she's right because platting is a very important part of the process. Now, this is an answer to some of her questions. Did you read that memorandum, Rose? You know, it took me three attempts to finally get through it. I fell asleep on one of them, and I'm just saying that these things have got to be explored, it's an important subject and it's got to be explained in simple language. Mrs. Gordon: You're right Mr. Mayor and I'm glad you agree because through the platting process you can do things that you wouldn't permit otherwise and unless we can control that kind of situation we, we, have no control but some committees somewhere is telling us that we must do in rubber stamp what they feel is the right thing to do and I object. I say that's delegating our authority. Mayor Ferre: Ok. Well, we'll be discussing tonight, Rose, is that when Well, I apologize, I got mixed up on items here. it comes up? 5 REPORT BY DIRECTOR OF FINANCE: 7. COST OF LIVING ADJUSTMENT FOR RETIRED EMPLOYEES Mayor Ferre: We're on itea D, which is retirees. We have a memorandum, I guess from you Mr. Gunderson. Mr..Gunderson: Yes sir. M yor Ferre: And, let's take that up. Mr. Grassie: This is brought to the City Commission in response to --your request that is a discussion item you asked for information on the impact of this request. Mr. Gunderson: Members of the Commission, there were two outstanding questions, one was the legality arising out of the cost of living increase for retirees, and the second one was funding of it. And, it's my under- standing that the Legal Department has determined that it's within the constitutional frame work to provide the benefit so long as it is actuarially funded, it's sound actuarially when it's funded. The actuary themselves, two actuaries, of course, came back and reported. These ar:' their figures and they said in order to be funded soundly, it should be amortized over a 17 and 15 year period as you know, at the present time our plan and system is amortized over a 33 year period, that's the remaining period. So to make this kind of a benefit available it should not extend beyond the life of the participants for whom the benefit is going to be, in this case, it's a cost of living increase for retirees and actuaries have computed that the full group will not exceed 17 years in the uniform and 15 years in the nonuniform programs. This would cost on an annual basis $171,000. The portion that's going to be applicable to the remaining portion of this year would require $51,962. The $171,000 would have to be funded over the remaining years of 17 and 15 years respectfully, and this is on top of a projected increase of 1.1 million in the pension cost for next year, which gets us close to the 4 mill question, and I think Commissioner Gordon raised the question this morning that in conjunction with the research we're to do is to whether or not other monies outside of mill.age can be used for pension purposes, that question would still remain open. Mr. Plummer: Well, the important question, you know, we were informed prior to this that legally from our own in-house that when you do such and the question still remain to be answered was whether or not under the new State law said that you must actuarially prove that a benefit is sound has that determination been made, then I don't read that in your memo or did I pick it from your conversation? Mr. Gunderson: My first comment sir, was that that has been reported to me through the Legal Department that that is sound under the constitution. Mr. Plummer: No, sir, that is not a legal question. It is an ... Let me ask it a different way Mr. Gunderson? The new state law says that any benefit must be proven actuarially sound, have we complied with the state law ? Mr. Gunderson: The Legal Department says we have. Mr, Plummer: As far as the new state law requirement? Mr. Gunderson: Yes, that it actuarially funded sound. Mr, Plummer: Well, I'm at a loss to understand how the Legal Department says that something is actuarially sound. They're not actuaries, they're lawyers. JuN 221978 6 Mr. Gunderson: No,bedaus.e they consulted with. the. State and the. atate. acid I'M paraphrasingy their' tetatk, that the state. has, said if your adtuary says that it's funded actuarially sound then it is funded a.ound; and these ate out actuaries talking to us -that says its oft 15 and j, and not 33. If you extended it to 33 it would not he sound they're telling us' Mt. Plummer: bo you hava a copy of that report; sit? Mr. Gunderson: From the actuaries? Mr. Plummer: Yes. Mr, Gunderson: Yes sir. -.Mr. Plummer: In here? Mr. Gunderson: It's back in my desk. Mr. Plummer: See, the question, and I don't want to play on semantics. The question seems to be here as to whether or not you would fund it for 17 years or 33 remaining on what we presently have. It doesn't seem to answer the question as to whether even the 17 is actuarially sound, It says that the 33 is not,17 would be better, that's what it seems to answer to me. Mrs. Gordon: J. L.? Mr. Plummer: Yes, Rose. Mrs. Gordon: I read that they are making a recommendation and they wouldn't, I don't think, make a recommendation that was actuarially unsound without saying so, that this is not our recommendation that you proceed in this manner because it is actuarially unsound. However, I would like to, you know, are you getting that report for Mr. Plummer, Mr. Gunderson? Mr. Gunderson: I'll get that. Mrs. Gordon: Ok. I haven't any problems with that. I feel that it is a sound funding. I also feel that your last statement on your memorandum relating it to the 1.1 million, October 1st increase is also not related because the 1.1 million is for funding benefits to current employees,etc., that are for future retirees. And we're dealing with a group of people who have no other way than our granting this special benefit to increase their minor incomes because the way this is setup that those who are recently retired receive a very minor, practical practically no real increase, but those who have been retired for a longer period of time receive a benefit for the number of years they've been retired. Am I correct Mr. Gunderson? Mr. Gunderson: Yes. Mrs. Gordon: So therefore, those who are in the most need will receive the greater benefit and I'm ready, I am, I don't know if this is appropriate at this time because this ordinance we have here is simply a draft and were not agended for action at this time, is that correct Mr. Grassie? Mr. Grassie: That's correct Commissioner, that's what you asked that I do the last time I indicated to you that I would draft up the required ordinance and we would try to provide you with the information. Mrs. Gordon: But, I am ready to take an action on it when it is scheduled for action and should be scheduled for action. Does this have to be advertised ahead of time and placed on a regular agenda? Mr. Grassie: Well, if you want it to be adopted... Mrs. Gordon: Or can we act on it today? 'MIN 22, We 7; Mr. Grassie: If you want to cu s u probably , it should appear on your agenda, Mrs, Gordon: We could pass 'chi s by Mr. Grasiiie; Sure. Mrs. Gordon: .. ,sA:cepting ic and unea ic be 1.1aced on the regular agenda. Mr. Gtassie: You could in&Icet by r,jn of course. Mrs. Goraos. I V:OU26. SC Mr. Mayor, we're deaThm-:. • investigations anc and different depc,,rt:Ilen:::. Mayor Ferre: l.c.'s time to t-ove. Mrs. Gordon: In z2ady to ra)ve LT-Jprc,praz:e at this. time.. all.the e„. y:laces Mayor Ferre: Mrs. Gorec,i:. A of the memorandum datec June 7.ii-ees that the 0.5% increase fo:: eac. ,,rcentage limited to the first $'300,00 tnat memorandum he adopted 1-.y th t..:Ae.:f? second? Mr. Wilcox: No, we Mayor Fer:-e dol,1 cfl -0.7; Rev. Gibson: Seconc... Mayor rere Arct nyyou ,,;ay somorhiae:: Mr. Wilcox: Yes, co!,.: of iving_ Mayor Ferra: Well, le rile S300.00 monthly base is coYr1:2, to 2os:: and you're talking about a total amorc'...zac:bn p,ty-Ar.li 0. ; u idcrease in unfunded 11abiliy and :na-, is , w..Lh $1.7 million and I think that chat is sometiv,ng that I think we've discussed this in the past haven't we Joe? Mr. Wilcox: Mr. Mr. Grassie: You've ija2 City Commission in the sense of tryini,7 u pact. ta:., you have in front of you is a financial impacz on Ciy . You also have Mayor Ferre: F,1.C.A. , Mr. Grasse; Mac's .32ems to be that Mayor Fern!: Anu, :j COMMiSSiOner Cordon, c.ilat• further investigations he on the b:isis friL 3JG figure rather than... Remember we gave... Mrs. Gordon: : doi 1 assume when we get this memorandum was in on. If it is not then I wo.;'.. „ wc.,11 do some further .., Mayor Ferre: Mrs. Gordon: 4. . JUN 2 2, 1978 1N1 ' ti r: 1Q7 15 f) Mayor Perre: Mrs. Gordon: the retirees You Want tp retnoVe your motion? 1 would if Tony feels that thisis detrimental to what want to have accomplished. Mr. Wilcox: Yes-, well, what I don't understand, we went in and cofmpromised and said $60.0.00 with Mr. Gunderson and you come out with a $300.00. and $600.00, where is the... $400, 00 , $500.00.? Mrs. Gordon: The question then to you Jim, did you do an analysis dollarwise on other figures higher than the $300.00.? Mr. Gunderson: Yes, in fact, our memorandum to the City Commission and 1 can't remember the date hack in April, I think. it is.. Mr.. Wilcox: 21st. Mr. Gunderson: April 21st, did include both.basis.One of the $300 and. one of %00 and during the subsequent meetings or discussions I got the impression that the Commission wanted to limit the increase to the $300 because the $600 would be staggering in terms of cost. Mrs. Gordon: I don't have any recollection of that Jim, so I'll just tell you that I don't. I would like, Mr. Gunderson: But the $600 was in the other memorandum. Mrs. Gordon: ... you to furnish us if possible, before the day is over the alternative to this for our consideration and I think for the moment, at least, I'll remove the motion from the table because if my motion goes through it's going to accept this one, this report as I have before me and not some other possible alternative. Mr. Wilcox: Well, we would like some action on ... Mrs. Gordon: Pardon me. Mr. Wilcox: I say, we would like some action today if possible because we've been coming up here two years on this, I know you're getting tired of looking at us. Mrs. Gordon: I'm ready, I was ready to make this motion until you came to the mike Tony and I did make the motion, and if you have an objection to this memorandum figures I'll remove the motion. We can study the alternatives. Mayor Ferre: Alright. Mr. Wilcox: Can't the motion be amended later, I mean, I don't understand why we got $300.00... Mayor Ferre: If it goes how much is the impact? up to $600.00 which is what you're asking for, The impact is very very substantial. Mr. Wilcox: Yes. Mayor Ferre: I don't have the figures here. Mrs. Gordon: Here, we have a copy of it here Maurice. Mayor Ferre: As I recall, the impact more than doubles, right? : No. Mayor Ferre; Oh, I see, $260,000 and the total of amortization payment is $4.2 million, increased in unfunded liabilities is $2.6 million, it goes up from $1.6 million to $2.6 million, and the annual cost goes from $171,000 39 1978 II I , nn err-rn to $260,0110. Mt. Wildox: What I was speaking of Mr., Mayor is, where is. the $400 and $500, you know, what they would cost, but Hazel, would you like. something to say on this? Mayor Ferre: Well, it's almost 10.430 A.M., and k.., yes, ma''am, Mrs. Brown: I'm Hazel Brown, Secretary -Treasurer of the Retireed Employees Association, and I would really would like., whether it's. $300 or $60.0 to get the motion passed. Mrs. Gordon: Ok, then, if you're ready for that, the motion's still on the table, but if we have to reconsider with other figures then we have to have the other figures to know where we're. going. Mayor Ferre; Tony, I think Rose is right, and Mrs. Brown, I think my advice to you is get this, thing passed and then you keep your persistence, you come back. again and we'll, let's see if we can escalatethis as we move along. We got a difficult budget coming along , I think you've got the good will of the majority of all of this Commission, and I think you're going to beable to get up to $600 but ?et's do it one step at a time, and have a little faith that we'll do right by you. Mr. Wilcox: Yes, but I still can get my point over. Where is the $400 and $500, ... might have accepted $400, you know what I mean? Why they didn't give the figures on the $400 and $500? They only gave it on $300 and then jumped to $600. Mayor Ferre: Well, let's request those and let's schedule it again for discussion in July and in September if we have to, but in the meantime, let's get this behind us so that we've established the principal of it, ok? Mrs. Gordon: Well, what do we do with an ordinance then Maurice? Mayor Ferre: Well, I think we ought to pass it with $30.0 and then we ought to ask the Administration to come back with figures from the $400 and $500 and we'll discuss it again and at that point you might want to make another motion. Mrs. Gordon: Alright, then let it go, ok. Mayor Ferre: Alright. So Mrs. Gordon moves and Father Gibson seconds item D as presented to us in a memorandum dated June 4th.as. previously stated. Call the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 78-420 A MOTION OF INTENT TO ACCEPT DRAFT OF PROPOSED ORDINANCE TO GRANT COST OF LIVING ADJUSTMENT FOR RETIREES BASED UPON A 0.5% INCREASE FOR EACH FULL YEAR SINCE RETIREMENT WITH PERCENTAGE LIMITED TO THE FIRST $300.00 OF MONTHLY BENEFIT AND DIRECTING THE CITY MANAGER TO PLACE THIS ORDINANCE ON THE NEXT AGENDA FOR FORMAL ADOPTION. Upon being seconded by Commissioner (Rev.) Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr.. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES; None, 0 Mayor Petrel Alright, ' ea sit, rapt, Young! Mr, Mayor, may I just snake a , , .. Mayor Ferre: Yes, of course, if you do it into the. record, Captain, Capt. Young: I was forbidden by our President to get up here and speak which is alright,but nobody can stop me from getting up and saying thank you to a fine bunch of gentlemen. Thank you.. Mayor Ferre: And lady. Mrs. Gordon: And lady. Capt. Young: And lady. Mayor Ferre: Alright, thank you, sir. Mr. Plummer: Mr. Mayor, what was the motion? Itm sorry. Mayor Ferre: The motion was approval of the .., based on $300.00 per monthly base. +SENIOR ADULTS SPECIAL RECREATION CLASSES Mayor Ferre: We're now then on item #1, which is Second Reading.... Moved by Mrs. Gordon, seconded by Plummer. Further discussion on item #1 on Second Reading. Read the ordinance, please... Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "SENIOR ADULT SPECIAL RECREATION CLASSES" FOR THE DEPARTMENT OF PARKS AND RECREATION, PROVIDING FOR REVENUES THEREIN TO BE COLLECTED FROM PARTICIPANT FEES IN AN AMOUNT OF $20,000 AND MAKING APPROPRIATIONS THEREFROM BY THE SAME AMOUNT FOR THE PURPOSE OF PROVIDING INSTRUCTION IN A VARIETY OF REC REATIONAL ACTIVITIES FOR SENIOR ADULTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Gordon and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing withthe requirement of reading same on two separate days, whichwasagreed to by ,the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gordon, and seconded by Commissioner Plummer, adopted said Ordinance by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES; None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8817. 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, 41 ! I I AI 9 r' 1070 Advisory Committee 9. BRIEF DISCUSSION ITEM: for the HANDICAPPED Mr. Plummer: Mr. Mayor= in con3unction in this; same. vein? I received a call from Mr. Harry Russell. Mr. Grassie., he. informs me that in February of this year Resolution No. 78-1127, this-Commiss.ion established a committee, an Advisory Committee for Handicapped, and that at this time, some four months later nothing has been done on that committee even to the point of naming the members. His question,(a). I assume the answer is the old committee enforce until the new committee takes over. (b). Why hasn't the new committee been appointed or brought up before the Commission for action? Mr. Grassie: We'll get a response to you Commissioner, and if you wish to the person also. Mr. Plummer: Alright, if you would get a copy to the Commission and also please send him a copy and if possible schedule it for the next agenda. DEFERRAL OF CONSIDERATION OF ORDINANCE: 10. Amd.Sec.54-36►54-37,54-30 & 54-41 OF THE CITY CODE Bus Benches and/or Bus Shelter Structures Mayor Ferre: We'll take up item ##2 on Second Reading, Plummer you still want to move it? Mr. Plummer: Mr. Mayor, no. I would ask that this item be deferred at this time. I've asked the Administration to furnish me with a paper which I have not yet received as to the possible cost of the City being involved in the bus benches. Mayor Ferre: Plummer moves... Mr. Plummer: And I would moveuntil that paper is forwarded that this item be deferred. Mayor Ferre: Alright, Gibson seconds. Further discussion on the deferral. on item #i2. Call the roll. THEREUPON THE FOREGOING MOTION TO DEFER ITEM #2 ON SECOND READING UNTIL THE ADMINISTRATION FURNISHES INFORMATION TO COMMISSIONER PLUMMER ON BUS BENCHES was introduced by Commissioner Plummer, and seconded by Commissioner (Rev.) Gibson, and was passed by the following vote: AYES: Mr. Plummer, Rev. Gibson, and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso and Mrs. Gordon. 42 'JUN 221978 11, EMERGENC`! ORDINANCES Amend Sections 1 & 5 - ORD, 8731 Fire Department appropriations Human Resources (Test Validations) Mayor Ferre: We're 0.7. '_temj 5, and I'm asking is, there any problem on item #5? Alright, hearing no problems, are there any questions? When, is there a motion on item #5? You want to hear a presentation? Alright, why don't you go into it Mr. Grassie, explain what this is? BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD. Mayor Ferre: No, no, I'm saying we're waiting for Reboso on that, J.L., SO that he can be here when we do the presentations. Item #5; if there are no problems with it and nobody has any questions... Mr. Grassie: This is basic simplya formalization of what was presented to you in your budget report and concurred in by the City Commission so we're simply bringing it to you in the form of an ordinance to make those modifications to your budget. Mayo:: Ferre: What's the will of this Commission? Mr. Plumper: Well, my will Mr. Mayor is that it be denied. It doesn't address the problem in the manner in which I feel that it should, this to me as I indicated before is treating cancer with an asprin, you're not eliminating the problem you're just furthering and continuing the the problem. Mayor Ferre: We've already voted on that. Mr. Plummer: No, we didn't, Mayor Ferre: What? Mr. Plummer: We discussed it. If you ain't got to the money, eliminate it, that's what's got to happen. Mrs. Gordon: Eliminate what? Mr. Plummer: Rose, what I'm saying is they're proposing in here to transfer money to rob Peter to pay Paul. Now, you know, to me that doesn't eliminate f the problem that continues the problem. Now, if you can't afford something you don't buy it, and obviously we can't afford it and I'm not buying it. Mayor Ferre: This increases the General Fund appropriations for the Fire Department for $46,000; Human Resources for $98,000 which is for the test validation services and Leisure Service Department for $46,000 for the summer lifeguards. Now, that will receive an increase in the General Fund anticipating revenue, and you know. Mr. Grassie: Just as a comment Commissioner, the City really does not have the option of simply eliminating them, I mean, ... Mayor Ferre: What can they do? Mr. Grassie: ...the Chicago contract is part of our consent decree and we simply have the legal obligation to move forward with that. Mr. Plummer: Where is the money coming from Mr. Grassie? Mr. Grassie: We have indicated that we would suggest to you that the money come from the existing fund balance in the Street Lighting account. Mr, Plummer; Well, but you see, look, here's the problem I've got Mr, Mayor, you know, here I'm being repetitious. I feel very very strongly that you can take in particular the lifeguardsand get them from C.E.T.A. positions and I haven't heard any justification that that was even explored and you know, we spoke about that before and I'm not having any backup on it. Now, the only thing that I agree with. is, the University of Chicago, we have no choice. it's money owed , we've got to pay as far as, the Fire Department it's money we've got to spend to continue... Mayor Ferre: So what's you want to do? Mr. Plummer: ...But the lifeguard services, I haven't even heard anything about they've explored the possibility of the positiona coming in from C.E.T.A. Mayor Ferre: Plummer could I recommend that you do this.... Mr. Grassie: We have explored that, if I could just for your information, we have explored that. We are working on it right now, it looks at this stage that we can get between 10. and 15 of those positions out of C.E.T.A. that will decrease our obligation. We will not know by how much...,., Mayor Ferre: Alright, Mr. Grassier.. Mr. Grassie: ... until we finish that process. Mayor Ferre: may I recommend Mr. Plummer that you offer this, motion taking out the $46,000 for summer lifeguards and leaving in the $46,0.0.0 that goes to the Fire Department and the $98t00.0.that goes to the Human Resources? Mr. Plummer: I'll do that Mr. Mayor and then I'm not opposed to, you know, if everything has been explored through C.E.T.A. and that fails then coming back with that. I don't want this Commission to be cast in the light that we're closing the pool. Mayor Ferre: Well, I think my point is that I don't think you want to hold up the Fire Department or the Human Resources..., Mr. Plummer: Not at all. Mayor Ferre: So why don't you move it that way? Mr. Plummer: I'll withdraw my motion to deny and move that we approve those two portions of the item. Mr. Grassie: Can we include last year's deficit also? Mr. Plummer: 0f what? Mr. Grassie: The budget deficit for 76/77. Mr. Plummer: What budget deficit? Mayor Ferre: Well, that's not even in here, what areyou doing? Mr. Grassie: Yes, sir it's the first item, $95,736. Mayor Ferre: Oh, yes, ok, yes. I missed that I'm sorry. Mr. Grassie: It's three items.. Mayor Ferre: J. L., is that alright? Mr. Plummer: Alright, sir. Mayor Ferre: There's a motion , is there a second ? 44 JUN 221978 Beta, Gibeott; Second.. Mayor Ferrel Father seconds it. Further dis.cuss.iott.. Cali the rali. Read the ordinance. please (ASSISTANT CITY ATTORNEY, MR, ALVAREZ READ TUE ORDINANCE INTO THE RECORD). 4+Ir. Plummer: No sir, Mr. Alvarez, 1 want in title of what that money is being spent for. Mayor Ferre: Alright, add the words after $98,0.00 for teat validation services. Mr. Plummer: Per agreement. (repeat). Mayor Ferree Alright, further discussion. Ca11 the roll. AN ORDINANCE ENTITLED AN EMERGENCY ORDINANCE AMENDING SECTION 1 and 5 of ORDINANCE NO. 8731, ADOPTED DECEMBER 16, 1977, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AS AMENDED, TO OFFSET A "1976-77 FUND BALANCE DEFICIT" OF $95,736 AND BY: INCREASING THE 1977-78 GENERAL FUND APPROPRIATION FOR: THE FIRE DEPARTMENT BY $46,425; HUMAN RESOURCES DEPARTMENT BY $98,000 FOR 1977-78 TEST VALIDATION SERVICES PROVIDED BY THE UNIVERSITY OF CHICAGO UNDER THE COHEN CONSENT DECREE; AND INCREASING THE GENERAL FUND ANTICIPATED REVENUES, IN AN AMOUNT OF $240,161 FROM THE STREET LIGHTING FUND; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer, and seconded by Commissioner (Rev.) Gibson, for adoption of an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to the following vote: AYES: *Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon *Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer, and seconded by Commissioner (Rev.) Gibson, adopted said Ordinance by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8818. 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. 5 .I11N 221978 ON ROLL CALL: Mt, Plun et : Since I have to choice i vote; yes,, Mayor Ferre: Sitice I have a choice I Vote,yes. 12. RETIREMENT -PLAQUES, CERTIFICATES OF APPRECIATION AND SPECIAL ITEMS 1. Presentation of a Plaque and a Proclamation to Chief Don A. Hickman, Fire Department, upon his retirement after 31 years of service with the City of Miami. 2. Presentation of a Proclamation to Mr. George W. Ellis., Assistant Principal of Ada Merritt Junior High School, designating the week of June 24, 1978 as, "Salute The Graduate Week." 3. Presentation of a Certificate of Appreciation to Allapattah Community Action, a community organization which is of assistance to the residents of Allapattah and has been an integral force in the development of community spirit. Accepting the award will be Mr. Isidoro Rodriguez. President and Mr. Orlando Urra. 13. ALLOCATE $462,000 COMMUNITY DEVELOPMENT FUNDS to Previously approved Social Service Agencies Mayor Ferre: Alright. Now, we're on item #9,which is the allocation of $462,000 of Community Development Funds to the previously approved Social Service Agencies for contract period commencing July 1, 1978, ending June of 1979, and authorizing the Manager to enter into the agreement. Mr. Manager? Mr. Grassie: This is your annual recommendation with regard to C.D. Funds and Dena Spillman is here to cover some of the details for you if you would like. Mayor Ferre: Alright, Ms. Spillman, how was Atlanta? Ms. Spillman: It was fine. Mayor Ferre: It was fun. Ms. Spillman: Fine. Mayor Ferre: Oh, fine. Ms. Spillman: Also fun. Mayor Ferre: Oh, that's about all you can say about it. Ms. Spillman: The Cuba resolution got nowhere. Mayor Ferre: Got nowhere. So, all those Mayors are going to Cuba. Ms. Spillman: Yes. 46 Mr. Planter: One tried it on water skiffs, and failed. We wiihed the othersthe same good luck., Mayor Perre: See. (laughter) Alright.. Ms. Spillman: This resolution, these are previously approved Social Service Programs from the 4th year program year which. will start July 1st and we're just asking your approval for the Manager to enter into contracts. These were part of our 4th year submiss.ion to hire, Mr. Plummer: Well, let's ask the obvious question, since. this is the C.D. money, has this. been with the recommendation of the individual committee? Ma. Spillman: Oh, yes. Mr. Plummer: There have been public hearings? Ms. Spillman: These were discussed at our C.D. public hearings .... Mr. Plummer: I'm putting it on the record. These have all been discussed with the target areas and this is their recommendations. Mr. Mayor, I move it. Mayor Ferre: There's a motion on item #9 by Plummer. Seconded by Reboso. Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-421 A RESOLUTION ALLOCATING $462,000 OF COtMUUITY DEVELOPMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 8807 ADOPTED MAY 31, 1978, TO PREVIOUSLY APPROVED SOCIAL SERVICE AGENCIES FOR THE CONTRACT PERIOD COMMENCING JULY 1, 1978 AND ENDING JUNE 30, 1979; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH SAID APPROVED SOCIAL SERVICE AGENCIES. (Here follows body of resolution, omitted here and file in the Office of the City Clerk). Upon being seconded by Vice Mayor Reboso, the resolution was passed and adopted by the following vote: 1011* AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. 47 'JUN 221979 t GRANT Southern Bell Telephone & 14. SECOND READING Ttlegraph Company ORDINANCEt USE OF PUBLIC RIGHT OF WAY TO INSTALL PHONE EQUIPMENT Mr, Grassie.: I wonder fir. Mayor", ,, . Mayor Ferre: Yes , sir. Mr. Grassie: ...since we have people here on item 3, I wonder.if it would be appropriate. to... Mayor Ferre: I stand corrected. I apologize, we were waiting for a full Commission on item #3. Rose, this is the question of Southern Bell Telephone & Telegraphy Company Franchise, you may recall that last time we had just gotten it so we wanted the time to be able to read the document. I assume we've all done that. This is on Second Reading. We passed it on First Reading so that's where we're at. I assume we've all had the opportunity to read this. Mr. Grassie: I wonder if I would be of assistance since Mr. Jim Brown is here whether,... Mayor Ferre: We're happy to have you Mr. Brown. I know how you operate and this is going to be some serious questions in this whole thing. I'm sure he'd just assume sit back there and let this..... Are there any questions? Mr. Plummer: Mr. Mayor, hearing none I'll move item 3 as I did before. Rev. Gibson: Second. Mayor Ferre: Alright, there's a motion on item 3 and a second. Further discussion. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE GRANTING TO SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, ITS SUCCESSORS AND ASSIGNS A FRANCHISE GRANTING THE RIGHT TO Thr: USE OF PUBLIC RIGHT OF WAY TO INSTALL NECESSARY TELEPHONE EQUIPMENT, PROVIDING FOR ONE PERCENT FRANCHISE FEE, INCREASING BY ONE PERCENT IN EACH OF TWO SUCCEEDING YEARS AT THE SAME TIME AND RATE THE FEDERAL EXCISE TAX IS REDUCED; PROVIDING FOR ALL PAYMENTS IN EXCESS OF ONE PERCENT TO BE DEPOSITED IN A TELEPHONE FRANCHISE PUBLIC CONSTRUCTION RESERVE ACCOUNT, IMPOSING PROVISIONS AND CONDITIONS, REPEALING ALL ORDINANCES IN CONFLICT AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of June 13th, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner (Rev.) Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson *Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8819. 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: Mrs. Cordon: One. question Mr.. Grassie, does this agreement since 1 do not compare it with. the previous onesthat we haveall of the Settle provisions as were included with the eXception of the. percentage. Mr. Grassie: That is correct, The basic difference is the scaling or the phasing in of the percentage. Mrs. Gordon: Mr. Grassie: Mrs. Gordon: Grassie: But everything else is basically the sate, The other terms are basically the same.. The benefits to the City, etc., so forth. That is correct. Alright, then I vote. yes DEFERRAL OF CONSIDERATION OF EMERGENCY ORDINANCE: 15. Amd.Sec.i & 5, ORD 8731 2nd DOLLAR TRAINING (Police Dept.) Mayor Ferre; Alright, now we had item #4, which we held off until we had a full Commission. This is amending Section 1 of 5 of Ordinance 8731 by increasing General Funds appropriation for special programs and accounts by $117,595; the appropriation for the Police Department, "2nd Dollar Training," in an amount of $82,450; and increasing General Fund Anticipated Revenues in the amount of $200,045. Mr. Manager? Mr. Grassie: You remember that Mr. Mayor and members of the City Commission in your recent report on the budget, the Director of Budget Management. Mr. Gary indicated to you that the projection for this year would require a ordinance, budget ordinance modification in order that we finish the year in the black, and what this ordinance would do is insure that we do not end up with a deficit in the current year. Mayor Ferre: Alright, is there a motion? Are there questions? What's the will of the Commission? Mrs. Gordon: I'm just looking for my backup material, do you have it there Mr. Mayor? Mayor Ferre: Yes, hold on. We didn't get any backup material on item #4 did we Mr. Grassie? Mr. Grassie: Yes, you had a full report both written and the verbal report of ... Mr. Plummer: It's in your addendum . Mayor Ferre: Oh, it's in the addendum material, yes. It is in the addendum It's right beyond the retirement. Actually, all it really is is an ordinance. Is that correct? Mr. Grassie: Yes, what this does is formalize the decisions taken at the time that we presented to you the budget midyear report . Mayor Ferre: Rose, the only backup material that we have is the ordinance itself. Mrs. Gordon: Right, ok. Mayor Ferre: Alright, further discussion on this thing. What's the will of this Commission? What's the problem, is there a problem with this, why is everybody so reluctant? 49 Mr, "quitter: Mr, Mayor, t' if take nny watt a statetent again of repetitious attd maybe this is Why t talk 602 of the time. I don't feel... Mayor Ferre: The first time he's admitted that in four years.. Mr. Plummer: ... no, I'm only using your figures... Mayor Ferree This is. a very important day. Mr. Plummer: ,.. which you're never correct so that's why it didn't bother me. Mr. Mayor, I don't feel this is the. proper way of treating a very had situation.. It's merely robbing Peter to pay Paul, and instead of eliminating which in fact maybe should be done. in some places it's. not doing such. It is merely continuing theproblem and robbing from somewhere else which. means something has.to give to cover this deficit. Now, the same old story, if I can't afford to buy something, if I can't afford it, I can't buy it and I just say that something else. has, got to give. Mayor Ferre: And, I answer the same way I did on item 115, that is if we really got at this stage of the game, don't really have that much choice. We discussed all this and... you know, ... it's like saying you want to jump into the pool and then once you're in the pool saying you don't want to swim, you know? If you jump in,swim. If you don't want to jump in don't jump in, but this isn't the time when you're in the pool to say that you don't want to swim. Look, I'll move item 14, so we can get moving on this. So I pass the gavel to the Vice Mayor. I move item 44 Mr. Reboso: We have a motion on the floor. Mr. Plummer: Call for a second three times,if not,it dies. Mr. Reboso: Apparently, we don't have any second. Mr. Grassie: I wonder Mr. Mayor, whether it would useful if we scheduled this item back on your agenda and brought it back with discussions of the budget again. Mr. Reboso: We can do that. Mayor Ferre: I remove my motion. We're now on item... Well, I don't under- stand the logic of passing number 5 and not passing number 4. Mr. Plummer: Well, Mr. Mayor, I'll tell you the logic of the difference if you don't understand it, and that is that there is nothing here telling me that these are monies committed. I don't know what $117,000 for Special Programs is going for. Mayor Ferre: These are all items that have been discussed and approved. I'm sure the Manager wouldn't have the temerity of getting himself involved in things that have not been discussed and approved by this Commission. You're not inventing anything out of this are you Mr. Manager? Mr. Plummer: Mr. Mayor... Mr. Grassie: All of the detail for this Mr. Mayor and Commissioner Plummer all of the detail, the specific increases and decreases in the budget were covered with you both in full report and verbally at your last meeting. Mayor Ferre: Mr. Manager, I've told you.,, Mr, Grassie: And there is nothing, there's nothing new, there's nothing different. Mayor Ferre; I know that but my point is this, I think you're going to have R f 111N 22,1978 S. t6 take the time to go see every member of this Commission to Sarah these things on a one,,to'one basis. Mr. Plummer: Mr. Mayor, for the record, the Manager came and sat with me and spoke with me, I did not bring this item up because my opinion has not changed from the last meeting. I think it is the improper way of handling it. It was no discussion. But I want you to know for the record, the Manager did exactly with me what you're suggesting and that came down and sat with me eyeball to eyeball. Mayor Ferre: No, I don't understand what the reluctance is. I under- stand your reluctance, I just didn't understand... 16. ACCEPT COMPLETED WORKS Virginia Key Rubbish Pit Closing - Phase I Mayor Ferre: We're on item #10 then which. is accepting the completed work of Prise Corp. on the Virginia Key Rubbish Pit Closing . City Manager recommends. Plummer moves. Mr. Plummer: Fine. Mayor Ferre: Reboso seconds. Further discussion on item 10. Ca11 the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-422 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFOPMFn BY FRISA CORPORATION AT A TOTAL COST OF $107,000 FOR THE VIRGINIA KEY RUBBISH PIT CLOSING - PHASE I; AND AUTHORIZING A FINAL PAYMENT OF $10,700. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. 17, ACCEPT COMPLETED W()RKi Wyt dwood Paving Prolett Bid C Phase Ii Bid A&B Sanitary Sewer Medif, HiahwaYt & Drainage Mayor Ferre: Reboso moves item 11, Gibson seconds on Wynwood Paving Project. Manager recommends, Further discussion. Call the roll. The following resolution was introduced by Vice Mayor Reboso, who moved its adoption: RESOLUTION NO. 78-423 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P. COMPANY AT A TOTAL COST OF $400,648.54 FOR THE WYNWOOD PAVING PROJECT - PHASE II (21D A & B - HIGHWAYS & DRAINAGE) WYNWOOD SANITARY SEWER MODIFI- CATIONS - PHASE II (BID C - SANITARY); AND AUTHORIZING A FINAL PAYMENT OF $54,844.34. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner (Rev.) Gibson, the resolution was passed and adopted by the following vote: AYES: Vice Mayor Manolo Reboso Commissioner (Rev.) Theccore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 18: AUTHORIZE INCREASE IN SCOPE OF CONTRACT Orange Bowl Stadium STRUCTURAL REPAIRS 1978 O.Bowi Enterprise Fund Mayor Ferre: Take up 12, which is authorizing an increase. in the scope of the contract for the Orange Bowl Stadium not to exceed $47,966 structural repairs allocating the same from the "Orange Bowl Enterprise Fund", got any questions on that? Mr. Plummer: The only question Mr. Grassie, on the record, I'm sure I know the answers so that the afternoon circulation of Maurice Ferre, Public Relations doesn't come with another great photograph, the increasing of this scope in no way... Mayor Ferre: No, that's the ... Mr. Plummer: ...will jeopardize the August 5th of the first day? Mr. Grassie: That is correct it will not in any way jeopardize that first game. Mr, Plummer: I'll move it Mr. Mayor. Mayor Ferre: Gibson has moved it and Plummer seconds it. Further discussion. Call the roll on item #12. The following resolution was introduced by Commissioner (Rev.) Gibson, who moved its adoption: • 1 J Un 2+976 F RESOLUTION NO. 78-424 A RESOLUTION AUTHORIZING AN INCREASE IN THE . SCOPE OF THE CONTRACT IN AN AMOUNT NOT TO E)CCEED $47,966. FOR THE ORANGE HOWL STADIUM STRUCTURAL REPAIRS - 1.78; ALLOCATING THE ADDITIONAL AMOUNT OF $47,966 FROM THE "ORANGE BOWL ENTERPRISE FUND". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissione Rose Gordon Commissioner J. L. Plummer, Jr. • Commissioner Manolo Reboso Mayor Maurice A. Ferre NOES: None. • AUTHORIZE CITY MANAGER 19. TO EXECUTE AGREEMENT: Latin Chamber of Commerce LATIN SUMMER FIESTA Mayor Ferre: Item 13 has been withdrawn. moved by Reboso. Is there a second? Mrs. Gordon: I think there is somebody here was going to speak on this. Mayor Ferre: Plummer seconds. Mrs. Gordon: I have a question. We're on item 14, Item 14 is Mayor Ferre: Wait a minute let us get this straight. Plummer moves it. Reboso seconds it. Now under discussion, Mrs. Gordon, Mrs. Gordon: Mr. Grassie, will you explain simply the matter of accounting for these funds which I understand are going to be given in a lump -sum what the procedure will be? Mr. Grassie: Of course , Commissioner. We intend to have with the organi- zation in question,a contract and a copy of it is attached to your material which defines not only the performance requirements that they have,but also restricts them from a number of things like assigning the agreement to any- body and it provides specific reporting requirements on them so that we have complete legal ability to audit their books and the records of all of their transactions and they must account to us for the use of the City's monies. Mrs. Gordon: A question also in my mind is usually its a reimbursement procedure that's taken, at least it is with the City's own festival whereby expenditures are made and reimbursement is made by the City. Why is it going to be a different procedure here? Mr. Grassie: Principally,because one of the major policy decisions of the Latin Chamber in setting up this proposed festival has been that virtually nothing will be charged. People who attend the festival will pay for virtually nothing, there will be no income from the gate receipts or at least in very few cases will their be any monies coming to the Chamber, so they do not have any front money, they do not have any registration fees or any :ponies coming into them from which they could advance... Mrs. Gordon: I understand. Booths are also going to be given in a free basis..? JUii 2," 1978 Mr. Grassie: Well, let She make sure, My impression is that the people who code to the festival will he charged nothing for, you know, virtually any of the activities. Now, I'm not Bute shout the booths whether there is any charge to exhibitors. There is- no charge to exhibitors. Mrs. Gordon: You mean people can setup a booth wherever they want and do anything they want? Mr. Grassie: Well, not wherever they want I'm assuming but without paying for it. They would not have to compensate the Chamber for setting up the booths as I understand it. Mrs. Gordon: And they pay for it themselves to set it up,is that it? Mr. Grassie: Yes, setting it up would be their expense, of course. Mrs. Gordon: Another question then I had relating to that was to you Mr. Manager, since the City runs a festival in the Spring and apparently has and has had it for the past seven years and this festival is coming at a somewhat different period and time which I'm not taking exception to having festivals. What I am having some trouble is with the identification, is this going to be identified as a City of Miami Festival so therefore, in the future our own festival will be confusing in the minds of exhibitors and other people who look forward to our own festival each year? Mr. Grassie: The festival will be identified as the"Latin Summer Fiesta 1978", and the only thing that will change from year-to-year is as I under- stand is simply the year. It will always be identified as the Latin Summer Fiesta, that would be the identification. Mayor Ferre: Well, I think since the City of Miami is putting money into it it should be somewhere along the line, it ought to have City of Miami. I don't mind it being Latin Summer Fiesta- City of Miami. Mr. Grassie: I think that Commissioner Gordon's point is exactly the opposite. Mrs. Gordon: Maurice, mine is the opposite point -of -view, because I'm saying for the reason being that the City is running a festival which has been enormously let's say successful,,as a tourist attraction etc., and it's identified specifically with a City of Miami ... Mayor Ferre: A City of Miami Folk Festival. Mrs. Gordon: ...International Folk Festival and we don't want to deminish its future successes in anyway whatsoever... Mayor Ferre: Rose, I hate to disagree ... Mrs. Gordon: ... Marty Freedman, would like to comment on some of these points because...? Mayor Ferre: Morty, look, the City of New York has all kinds of festivals that they sponsor and they're all City of New York fesitvals, nobody is going to confuse a Latin Summer Fiesta with the Folk Festival that we have in the City of Miami. How can anybody confuse one with the other? Mr. Freedman: Mr. Mayor, my only concern in this connection is we deal with a lot of governments and other groups in Latin America with the Folk Festival. We use the Seal of the City of Miami because it is an official City function. I am only hopeful that this will not be the case of the other group because there will he complete confusion with these people down South as to which is the official City function in the summer time, the dates are so close together that it's going to be very bad for us if this is regarded as an official City of Miami function. As I understand it,it is sponsored by the Latin Chamber of Commerce. All I'm asking is that it not use the City of Miami Seal. 2.7 1978 54 11 la1 n c lrti-7r --. vr, Mayor Ferree; But Morty thatts like saying that the. City of New York. is only going to haveone function a year dealing With feetiVais.z. The City of New York_ has all kinds of acti ities,k Listen, .;.. Mrs, Cordon: But Maurice, this is a contract deal.. Mayor Ferre: Morty listen, listen I've been a strong and am a strong supporter of the Folk Festival. I've voted with you every single tiioe without any exceptions, anything that you've wanted you've. come here you've gotten -modifications, increases, anything, I'm strongly for you, that has nothing to do with the fact that we could be. strongly for others, my God, I hope we get 20 of these things, not two. Mr. Freedman: Mr. Mayor, I hope that you'll continue to be strongly for the festival, but what I'm saying is it's going to he. very difficult for us to deal with these people down South where. they only know the City of Miami has a folk festival. :Mayor Ferre: That's an insult to their intelligence* these people. Morty, look, let me tell you something and this. is the last thing I'm going to say. Father Gibson, there was some peoplethat came here on the Goombay Festival in Coconut Grove. Gibson insisted that it be the City of Miami's Goombay Festival. now that doesn't do any harm to anything else and I ... if it'sgood for the Bahamas and we insisted on the City of Miami being associated with that festival then I think that's what sauce for the goose is sauce for the gander and anything that we put our money into,we want the City of Miami identified with it;otherwise then let's not give them any money. I'd rather not support them. Mrs. Gordon: Is the County giving any money here? Mr. Plummer: Yes, we're giving money and ... Mrs. Gordon: How much is the County giving? Mr. Plummer: I can't answer that. It was on the original proposal, I don't know if the County has come through with what they requested. Mrs. Gordon: Is the County giving any money to you, how much money? (BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD). Mrs. Gordon: They're giving $35,000? How much.caah3 Mr. Plummer: Well, let me congratulateyou, you'"ye.done something nobody else has been able to do. Mrs. Gordon: You've got $60,000 to $70,000. boy; you havea lot of money to spend there. Mr. Plummer: Mr. Mayor, let me offer what maybe would might be a compromise. I see everybody'•s point unfortunately, I'wish .I didn't. Would an acceptable terminology might be that the. City of Miami and the Latin Chamber of Commerce proudly presents the. Latin Summer Festival and that I think would let thepeople know the difference between the Goombay Festival was the City of Miami and the Bahamian government or what proudly presents Goombay Festival. Now, you know, the City of Miami is the sole sponsor of the folk festival, not the Latin Chamber,.they don't have a thing to do with that festival and as far as I'm concerned, to meacceptable would be the. City of Miami and the Latin Chamber of Commerce proudly presents the Latin Summer Festival. I see nothing wrong with that. It definitely delineates Mayor ?erre: I agree with that. Mr, Freedman: Our main interest is that the City Seal not he used in connection with this. 55 'JUN 22197 Mrs Gordon: Qk, Mayor Ferrel Ok, leyt I'll concede that. you don't want the City Seal anyway do you, does, it Makeany you do want it? What's the difference then if the City Seal is used2 Mr. Plummer: My friend... Mr. Freedman: There is a big difference because in one instance it Means that the City itself is producing and presenting something. In the other instance it's not the City doing it, it'•s the City having a contract with somebody, it's not the same. Mr. Plummer: Ok, let me change the wording. Mayor Ferre: Well, certainly, what he said is if it's going to have the County Seal are you going to deny us the right to have the City Seal? Mr. Freedman: Well, the County doesn't have the same kind of a festival. Mr. Reboso: This is silly, we can give the to anybody. Mayor Ferre: I don't think Morty, that we can give the exclusiveness of this type of a thing to anyone group. Mr. Reboso: It's going to bring a lot of problems from now on. Mayor Ferre: I think that anybody who wants to put on a festival whether it's the Norwegians or the German Americans or the Bahamians in a Goombay Festival or anything else that the City of Miami should be happy to support all of these of these things. Mrs. Gordon: Naturally, it's one thing we're talking about another thing Maurice,and that is a smaller item but an important item to the future success of the City's program. Mr. Reboso: Rose, in my opinion, it should b.e the other way around. Everytime we give money to something we should ask that the Seal of the City should be used. Mayor Ferre: We have in the past. We just insisted. Mr. Freedman: As a practical matter of fact, what's going to happen Mr. Mayor is that when we correspond with these people down South the governments and so forth and they get other correspondence some similar event which is going to be two months later they have a limited amount of funds to send people up here, and if they see that they are lead to believe that one of the official City functions as well as another, it's only going to hurt us, there's no question about it. Mayor Ferre: I understand your concern but mine is like Father said last time, it's a philosophical thing, I think that anything that the City of Miami puts any money into ought to have the City of Miami's name on it and it ought to have the Seal. Mr. Freedman: We don't mind of the name that's fine. But I know how it is in Latin America. I know how it is down there. Mayor Ferre: Well, we'll see what the majority of the Commission will is. Mrs. Gordon: Well, when does the Councy's festival take place, they also have a festival? Is that a Summer Festival? Mr. Freedman: They had one in November. Mrs. Gordon: November? Mr, Freedman: Well, it's not, it's Hispanic week, it's not.,. miaamaE .14P. "Sa Win All Mrs., Cordon: 'Yes,; Mayor Ferre: botober4 Mr, Freedman: And, Miatni. Beach has one in the su:iitnettite too, a Latin Fiesta. Mayor Ferre: Well, look, you know my attitude When they talked to tie., when Lenny Haber first talked to ine about that, I mean, his predecessor, I said the more the merrier, the City of Miami has no ottjections, you going to have a Latin Fiesta terrific, I think you ought too. We ought to,have a Latin Fiesta every other week. We ought to have all kinds of functions going on. Mr. Plummer: Mr.,Mayor, let's bring it to a head. I move item #t14, Mr. Mayor, after hearing all the argument I see on both sides I move it as approved. Mayor Ferre: Reboso has already moved it, so it's your second. Oh, I beg your pardon. That's right that's right you've moved it first. Plummer moves it. Reboso seconds. Alright, Father Gibson. Rev. Gibson: Let me ask a question. Mrs. Gordon: I'm going to vote against it Maurice, if he includes the Seal. If you want a unanimous vote then you leave the Seal out. .Rev. Gibson: Let me ask a question. If you are going to have a Latin Festival, I want to make sure,can I, ... I want to ask a question, if you are going to say you're going to have a Latin Festival now, what I think I hear Morty saying and what I hope I'm not hearing you say is, Morty says that the Folk Festival appeals to many,many countries this is what he says. I want you to listen to, I sat here just trying to find out what. If you were going to be doing the same thing what he says, what he is. saying is you then are competing. Now, I think that we need to have an understanding whether or not you're going for the same thing in the month of July that he does in the month of May, you see, now if you're having a folk festival,my understanding is that it isn't necessary to appeal to all the Latins countries, isn't that right? I mean, I think that ought to be answered. Mrs. Gordon: It makes me curious also Mr. Manager to the extent that Dade County has the festival, why we. don't incorporate both of them, why in fact, you know, if Dade County is running this why don't we give the dollars to Dade County and have one smashing successful festival in the fall that would then bring one in the spring and one in the fall? Mr. Grassie: Dade County is not running this Commissioner. it's the Latin Chamber that's running this and they are getting funding from both sources. Mrs. Gordon: I'm talking about the one, the Dade CountycFiesta which is run in the fall I asked a few minutes ago and I was told it runs in November/ October. Mr. Grassie: This is proposed as a third festival, not in competition with the County one and I don't think that any time did they consider simply folding it into the County festival. Mrs. Gordon: Also, there's a Calle Ocha which took place not too long ago. It appears to me there's too much fragmentation and not enough coordination and it seems to me that you know, we're just trying to be, you know, all things to all people and we can't be all things to all people. We have to be able to, go ahead Fathers you want to say something? Rev. Gibson: May I ask a question? I raised a question that has not been answered, and I think that ought to be answered. Let me tell you why my brothers and I don't want it, you know, I believe nobody can be a Bahamian like Theodore, because I lived it, and I, ok. So I want everybody, I'm asking 7 MWF wee MIR whether or not the Polk Festival whichtakes in all of the traditions and sends to the different countries asking them to cote up here and be apart of, I know want to ask will the Latin Sutter Fiesta do the same thing? Now, Mr. Mayor, no, no, I want an answer. Mayor Perre: That's exactly what t said, let Theodore Gibson finish his question, get an answer , and then we'll call the question, because we've got to be at the State Building at 11:30. Rev. Gibson: Alright, I'll go along. Mayor Ferre: Alright, would you answer that please? (SPOKE IN SPANISH) Mrs, Gordon: You don't understand Father Gibson what he's saying to you? Rev. Gibson: No, I don't ... Mayor Ferre: If you give him a chance Mr. Cueto is going to translate. Mr. Plummer: I find a problem here. How does he understand the question in English but he can only answer in Spanish. Mayor Ferre; Because obviously it was translated to him as the man was talking. Mr. Plummer: No, I'd like to bet he understood. Mayor Ferre: Alright., look, we're just wasting the time now, let's move along. Would you please translate ? Mr. Cueto: (TRANSLATED FOR Mr. Rogelio Barrias) The Chamber thinks that Miami needs more tourist. I think indeed, making this festival is more attraction for Miami. We think the four festivals or five festivals,in the year is good. The Orange Bowl Festival in December. Open Eight in March, Latin Summer Fiesta in July to August and the Spanish heritage in October. Mrs. Gordon: What about the Calle Ocho? r Mayor Ferre: That's what he says. Mr. Cueto: The Open Eight, Calle Ocho is Open Eight it's in March. f Mr. Plummer: Rose doesn't understand English. (laughter). Mayor Ferre: Open Eight Street is Calle Ocho. Mr. Cueto: It's in March. Mayor Ferre: And don't forget the City of Miami's Folk Festival. Mr. Cueto: Yes. Commissioner Plummer, it may ok, Rev. Gibson: But Mr. Mayor,my question has not been answered. (repeat) Look, let me tell you what,I was one of the strong supporters for the Folk Festival. The thing that impressed me with the Folk Festival, and I think I'm more sensitive of this than most people and I've put my life on the line for this position so nobody could have questioned my loyalty , you know, I have seen the different people come here at the Folk Festival present their wares and whatever else they bring. I'm asked out of fairness to all of usareyou going to be doing that? You heard the man say, the man said what would happen, the people would then have to make a choice whether they're coming here in July over an against whether they come here in May that's a legitimate question. Mayor Ferre: I'm going to have to continue this. We're in a very embarassing state. 58 Revs Gibson: Letka continue it then. Mts. Gordon: Lets table this motion, I more. to table Mr. Plummier: VVe'll see you after lunch, Mayor Ferre: 1e;ll bring it up after lunch, Mrs. Gordon: Are you withdrawing the motion so it doesn't need tabling J.L.? Mayor Ferre: Yes, J.L., withdraw the motion, Mr. Plummer: Yes, I withdraw the motion.. Well, no, encuse me, it's deferred. Mrs. Gordon: Well.. Mayor Ferret Rose, you're not going to get it tabled because it's 3 to 2. Mrs. Gordon: I'm not asking for you to table it because if he withdraws it that's it. Mayor Ferre: He's withdrawn it until 2:00 P.M., we.'11 take it up at 2:00 P.M. first thing at 2:00 P.M. Mr. G:assie: The bus for the City Commission is right in front of the building and we're ready to leave as soon as you'd like to, ADJOURNMENT FOR LUNCH RECESS AT 11:25 A.M. UNTIL 2:10 P.M. Mayor Ferre: Well, I think we have a quorum here so we'll get started. Mr. Plummer: Mr. Mayor, wait a minute, where are the other two members? Mayor Ferre: They'll be here in a moment. We got some things we can do in housekeeping. Mr. Plummer: No, not yet.• Mayor Ferre: What's the matter now? Mr. Plummer: The other two members have got to be present. Mayor Ferre: No, we can do some housekeeping things, J.L. Mr. Plummer: Not really. Here's Father, where is Rose? Is Rose on her way in? Mayor Ferre: While Rose gets here we'll take up item #15„ Mr. Plummer: Mr. Mayor, I will take the prerogative of being the senior member of the Commission because it is very, very few times that we have the occasion of observing a milestone in the history of the City of Miami, and I think we would be at great fault if we did not properly observe things that are old and getting older. I am informed by your staff that tomorrow is a certain milestone in your history and I think that we should properly observe that milestone. Mayor Ferre: Get ready here it comes. Mr. Plummer: Maurice Perre tomorrow is 43. (applause). I should read, 'Mr. Mayor, the inscription that has been placed on here and I think it is most appropriate by seeing some seated in the audience, and it says, Herald Editorial, Happy 50th.8irthday Maurice, Qops, sorry we did it to you again, the Editors. (laughter), I'd like everybody to join in with me in singing to our great Mayor, Happy Birthday. (applause). 59 JUN 2 178 Mayor Fetre4 I thought he as joking. You want to see what it says, Rose? Herald Editorial, Happy 50th.Birthdoy. Maurice, Oops., sorry We did it again, (_daughter). .Ok. And, to show that there is no hard feeling, I see Fred Sherman, we'`1l give the first piece to Fred Sherman, and I want you to know... (cutting the cake). Ok, let's. get down to business now. Rose, we're on item fi15, J.L,, we left that one in the. horning, let's see if we can get... I think we've all pretty well heard all of the sides on this, so one way or the other let's move on it, I'm sorry item #14, Mr, Plummer: I just want to ask one more question if possible on the Latin Summer Fiesta, who's speaking for them? I'm aware that Dade County is participating and now the City of Miami has indicated their desire to participate. Are there other cities who are anticipating in the Fiesta? Mr. Cueto: The City of Miami Beach, You have the letter. Mr. Plummer: Well, I have this letter here, but it says they are preparing to celebrate their own festival, Is that part of yours or is that their own? Mr. Cueto: Now, this year... Mr.. Plummer: It will be apart of their's? Mr. Cueto: They have another... Mr. Barrias: They are two separate Fiestas,Commissioner. We have talked with the organizers of Latin Fiesta in Miami Beach and the copy you have is willingness to cooperate and their opinion of the criteria that every- one of these fiestas is for the benefit of the whole community. There:is a possibility that next year we can combine both fiestas and make it a more broader fiesta across the County, and actually that's one of the objectives,to make this celebration, you know, County -wide for the benefit of the whole area, so if we are, I believe that we are addressing your question. There are two fiestas with the same motivation,attracting tourism. Mr. Plummer: Well, I just.... Mrs.. Gordon: The question, I think, was related financing.Are you receiving any financing other than financing from the City and from the County? Mr. Barrias: Dade County. Mrs. Gordon: Besides Dade County. Are you receiving any other monies besides the City of Miami? Mr. Barrias: Private sector. Mrs. Gordon: You're receiving private sector monies, how much private sector monies are you receiving? Mr. Cueto: Ok. Be says, that the President says that the amount of private sector at this time we cannot measure in dollars and cents. We are receiving inkind service from the private sector like transportation, and housing for participating talents, that type of thing. Mrs. Gordon: Yes, but cash contributions, you're receiving cash, also? Mr. Cueto: No, not at this point we haven't received any cash contribution from the private sector, we have received commitments from the private sector, to a more depletive of events and things pertaining to the future. Mrs. Gordon: Ok. Alright, let me get one more question answered then and then we can move ahead. The question is that your budget calls for specific amount but this is your first time at the bat, so to speak, ,.. Mt, Cueto: The. president Mentions that the amount that is teflected in the Midget is correct` This is the firat time we'•te dottg this and the amount that ia presented to the CoimDi,aaian is because of the magnitude of the fiesta and the scopes of the fiesta and the ►,. Mrs, Gordon: When it's all over and the accounts are made available for scrutiny, will everything that was received and everything that is being spent be made available to the City and to anyone else that requests it? Mr, Cueto: Ok, the President mentioned that the accounts that we leave in the accounting books, of course, are going to remain open, you know , . . Mrs. Gordon: Not only the City's money, but the County's money and private money and all monies? Mr, Cueto: Whatever public funds are received, Commissioner, you know they're open to public scrutiny, of course, and the contribution of the private section to the Latin Summer Fiesta is ping to be directed specifically, to sponsor to come of the specific events. Mrs. Gordon: Ok, as long as we understand that we have a cross accounting that will be available . Mayor Ferre: Alright. Now is there a motion? Mrs. Gordon: There was a motion. There's a question. Mayor Ferre: Alright, Plummer has moved. Reboso seconds. Mrs. Gordon: Wait Mr. Mayor, there's a comment from the applicant. Mayor Ferre: I'm sorry. Mr. Cueto: Mr. Mayor, the President wants to state that there are about 60 persons in the Tourism Advisory Board as a Latin Summer Fiesta of the of Latin Chamber of Commerce, they are not receiving any type of salary or anything, they're devoting, they have devoted for last year of their time and contribution their professional talent. Mrs. Gordon: They're not going to get any salaries. Mr. Cueto: No, no, nothing at all. Mayor Ferre: I would like to say that of the Latin Chamber of Commerce does not have to justify itself before this Commission. We know 'you well and we're proud of the work you do. We're happy to be a part of it. Rev. Gibson: Mr. Mayor,my question was never answered. My question was never answered.because ... Mayor Ferre: Father, could you repeat your question, perhaps... Rev. Gibson: My question was and still is the Folk Festival consists of all the ethnic backgrounds in this community by and large, if you are going to have your Latin Fiesta, and let me backup, and also, they hated to invite foreign countries to come and participate, are you going to be doing the same thing in the Latin Fiesta? (MAYOR FERRE SPOKE IN SPANISH ) Alright, let's get the translation. Mr, Cueto: Commissioner, the President said that there's no type of exclusiveness or some type ... Rev. Gibson: No type of what? Mr, Cueto: Exclusiveness from any ethnic group to isolate or nationally group, JUN^?197g 1teV. Gibson: That is not what I'm asking. Look, ok., listen, I taant all you, Mt. Grassie, you speak English doggone well and latin and Spanish too. t want the record to reflect that one of the reasons l pushed for you as Manager is because I didn't want us to be in a position such as we now ate in# ok, so you interpret it.. I want to know if the Latin Fiesta that they planned to have will appeal are they going, if not this year, next year or any other year and ask for the respective Latin countries to come here as does the Folk Festival. Now, that's simple. (MR. GRASSIE SPEAKING IN SPANISH TO MR. BARRIAS). Mr. Grassie: The answer then Commissioner is yes, that all the Latin' American countries will be invited to participate. The groups that will be coming will be coming sponsored by the National Airlines or by U.S. Airlines, and he gives an example of Brazil, which. will be sending up 30 performers in a Carioca Group, as an example of the participation that they do anticipate having from Latin america that would be sponsored by Pan American Airways. Rev. Gibson: Let me say where I am. I want everybody to understand me, because I think often times people just don't get me right. I've given my whole life , the major portion of my adult life as a native of this community to unite community, to unite us, can't be any question in anybody's mind about that. What disturbs me is when I first got on this Commission we pushed like the devil to have the folk festival so that all of the ethnic groups will be represented and would do their tning. Let me say to my fellow Commissioners what I hear that's not being said that they did not want to answer and now the answer is we will proceed to duplicate what is happening in the folk festival. I have no objection to the latin fiesta. What I am really objecting to is that you 're going to duplicate. Now either we ought to get rid of the fo3k festival or we ought to make some different arrangements, you know, I don't think we could this otherwise we are living a lie and we're using subterfuge.. Mayor Ferre: Are we ready to vote now ? Alright, any further discussion? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-425 A RESOLUTION AUTHORIZING THE CITY MANA(;ER TO EXECUTE THE ATTACHED ACREEMENT BET(?EEN THE CITY OF MIAMI ,%:;`) THi: LATIN CHAMFER C'F COMMEL:CE FOR THE PURPOSF. OF COV :NG CERYAIN ADMINISTRATIVE COSTS OF IMPLE.!EN"i JNG THE LATIN SUMMER FIESTA, TO BE HELD IN MIAMI DURING JULY AND AUGUST 1978, WITH FUNDS ALLOCATED THEREOF FROM 3rd YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED $18,000 CASH AND $13,000 IN -KIND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso *Commissioner (Rev.) Theodore R. Gibson *Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. 2 JUN 2 r.1Q70 ON ROLL CALL; Rev. GibBont I Vote reluctantly yes, because I knowwhere. we're going, I want to tell everybody that and I'll deal with•that at budget time Mrs Grassie, because I think we got to put this thing on the table and be honest. I't not going to live no lie. errs. Gordon; I htv.stated my reservations quite fully. I don't want it interpreted that I am opposed to festivals because I'tn not. I'm for anything that will promote tourism and improve the economy of this area. I'm not going to vote against the motion because the motion has already obviously passed, but I am going to tell you that I am going to ask and I'm going to try to be apart of your planning process because I do want to be totally familiar with what you're doing and want to try to avoid the kinds of conflict that Father Gibson has mentioned and has said so very well. I'll vote with the motion for that reason. Mayor Ferre: With all due respects to my colleagues who have serious misgivings I would hope that Miami is passing the stage of being a village and begin to be a City, and that means that we must be multifaceted, that we must have an ample vision, we should not be scared of competition, we shouldn't be scared of many festivals, good gracious, everytime you go to New York it's the Irish are marching, or the Spanish are marching or the Puerto Ricans are marching, everybody has all kinds of festivals and that's what big cites are all about and I think the more the better, I don't think we should be in anyway concerned about competition and the City of Miami should encourage them all, the Bahamian i'estival and the Folk Festival, and the Latin Festival, and the Carribbean Festival , and God bless them all, and I vote yes. 20. URGE CIVIL AERONAUTICS BOARD TO GRANT PERMISSION TO EL AL AIRLINES FOR FLIGHTS BETWEEN ISRAEL & MIAMI Mayor Ferre; Now we're on tot I think if there is. no objection, if there's nobody here on item, is there anybody here on item 15, 16, 17, 18, 19, and 20? So if that's the case, ... Mr. Plummer: Yes,... Mayor Ferre: Somebody raised their hands on any of those items 15 thru 20, that being the case then we'll skip over those and come back this afternoon. Mrs. Gordon: May I ask you to take this short item now, because this has to go out rapidly to Washington, this Resolution, urging favorable consideration by the Civil Aeronautics Board of the pending application for landing rights and privileges at the Miami International Airport by El Al Airlines. Mayor Ferre: Rose moves. Mrs. Gordon: ...Israel Airlines for direct to and from the State of Israel, further directing the City Clerk to forward copies of the herein Resolution to certain designated public officials which are listed herein and that this go out right away that's why we moved it. Mayor Ferre: Rose Gordon moves. J. L. Plummer seconds. Further discussion. Call the foil. JUN 2 9 1978 811A1 A n s.,•,.. The following resolution was introduced by Coflflieaiohef GOrddh, Who f loVed its adoption; RESOLUTION NO. /84-426. A RESOLUTION URGING FAVORABLE CONSIDERATION BY THE CIVIL AERONAUTICS BOARD OF THE PENDING APPLICATION FOR LANDING RIGHTS AND PRIVILEGES AT THE MIAMI INTERNATIONAL AIRPORT BY EL AL ISRAEL AIRLINES FOR DIRECT FLIGHTS TO AND FROM THE STATE OF ISRAEL; FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF THE HEREIN RESOLUTION TO CERTAIN DESIGNATED PUBLIC OFFICIALS. (Here follows body of resolution,• omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner 3. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. iR 41001'0.. 0 F1 1C9►3L.'YIM Ak't.!"U1a !•T".:,xw, 040 _, _.,Mr.h:wi' ».•:c.•rn . r..., PRESENT A.rlVN OF PRVOSf,,L S for MIAMARINA 2. (a) BISCAVNE REC,& DEV,CO. lb) ECCLESTONE MANAGEMENT (CI NEW WORLD MARINAS INC. �.RMARINt. DEVELOPMENT flr DINNER KEY BISCAYNE REC,&c DEV.CO. D7NN ER KEY MARINA INC. ECCLESTONE MANAGEMENT Mayor Ferre: WeItem 21, therosale now take up the a ternoon agendasP for development of City owned marinas, Dinner Key Marina and Miamarina. Mr. Grassie. Mr. Grasse: Mr. Mayor end members of the City Commission, this public hearing is designed first to hear the proposals from the three firms which have been recommended to you by your citizens' committee and that recommendation was ac- cepted to you in the last City Commission Meeting. After those three presenta- tions are made we would receive comments from the staff on the three and further Comments from the members of your citizens' committee. We'll try to answer any questions that the City Commission has. We would start then if this meets with your approval. with Miamarina. Assuming that we are going to go in alphabetical Order I believe that Biscayne Recreation is the first group to be requested to rake a presentation. Mr. Plu aer: Excuse ane, Paul, if I may interrupt just a moment. I want to make at:re before we start these procedings, it was my understanding and I want the Mayor to clarify for the understanding of all present: Mr. Grassie, as I recall it was said at the time this meeting was set that there were, in fact, six pro- posals and of the Six each would be delegated thirty minutes. So I think we should sat perimeters before we start. That's what I recall. yr. Grassie: Could I suggest, there are four proposals for six proposals. You may wish to set a little bit less time for the Miamarina presentations and more time ::or the Dinner Key presentations simply because they tend to be more com- plex. Mayor Ferre: Well, I would hope that we could set a perimeter of say 15 minutes for Miamarina and half an hour, is that acceptable to everybody, on the others? Is that acceptable to the proposers? Paul? Murray? Anybody else? Okay. Er. Paul Walker: Thank you, Mr. Mayor, Mr. Reboso, Mrs. Gordon, Rev. Gibson, Mr. Plummer. Biscayne Recreation Development Company was put together for the express purpose of going into a lease with the City of Miami for the lease of Miamarina as well as Dinner Key. I am Paul Walker, I am President of Biscayne Recreation Development Company. I have been in the City of Miami for some twenty years, mostly in the retail business. Lately I have been interested in real estate and investments. The Vice -President of our company and the Executive Director who is the man in charge of our marina activities is Mr. Jim Sprague. Jim is a former commander of United States Navy serving in the Navy from 40 to 63. He was a Director of the docks of the City of Miami from 64 through 72. He is presently working on the staff of the City Manager of Miami Beach included in the planning and development of a 400 slip full service marina. Another one of our officers, Mr. A. J. Crowder is an engineer with some twenty years exper- ience in South Florida. He has much marine related experience. He has been responsible for the planning and design of a community of 100,000 acres in the Grand Bahamas. He was in charge of site development and design of the seawalls, new docks and marinas in the Bahamas, the Virgin Islands, Marco Island as well as being in charge of the new restoration of the seawall on Cape Florida on Key Biscayne. Another member of our company is Murray Dubbin, an attorney. Mr. Dubbin is well known as a former state legislative member from 63 to 74. He received the award es outstanding legislative member in 1971 as well as being nominated five different times as an outstanding legislator. Our proposal for Miamarina is very simple. We feel this facility is a well-built, well -endowed facility and for that reason we have offered what we feel is an outstanding rate structure to the City of Miami. We guarantee to the City of Miami $150,000 per year or 311/2% of the gross income for this facility. We have fulfilled all of the obligations as far as proposals that the City has asked for and some of these have to do with a culvert, a breakwater and I would like to call on Mr. Windy Crowder at this time to cover the technical details of these facilities. Windy. Mr. 4, J. Crowder; Thank you, Mr. Walker. The technical facilities at Miamar- ina certainly don't approach those and the problems that we'll encounter at Dinner Key, basically our proposal would be to follow along the guidelines that were setfor;:h in the maintenance and rehabilitation of many of the structures, the walkways, the docks. We will investigate the problems that have been en- countered prior to this time in the motion of the boats within the marina, we'll N4ke studies attezpting to solve this problem. We will also enter the feasibil� ity E,nd Xepaxa studies for the solid waste that has been collecting in the obrtneee of the Matinee upon the times When we have the north northwest winds, The overall planning of thief of course, had already been done. There is no propo8ed Major expansion Or the facility other than the maintenance, rehabilie tatiOn and servicing of tho$e existing facilities as they would be required. Mr, Walker: Mr. Mayor, We rest en the Miamarina proposal. Mayor Perre: I think the best thing to do, M,r. Grassie, is for es to hear all three presentations and then carte back and ask questions of the indiVidual representatives so we'll now move onto the second group. Mr. Grassie: Very good, sir, Dinner Key Marinas, Inc., then would be the.,. I'm sorry, Ecclestone Management would be the second proposal. Mr. Robert Morris: Mr. :Mayor, Council Members, I'm Bob Norris from Ecclestone Management Company. I represent Floyd Ecclestone who is the owner and proposer in the Miamarina bid. Mr. Ecclestone regrets he could not be here today, he was in the Bermuda Race and if you read the paper the Bermuda Race was rather slow, it was a little late in getting in so I'll have to carry on for him. Let me tell you a little bit about Ecclestone Management Company and Floyd Eccle- stone, our experience. We have had experience in four fields relating to our bid, first construction. Mr. Ecclestone has been in the construction business for 15 years in homes, office buildings, apartments and more importantly marinas. He has been in the development end of business, in the development end by the development cf Lost Tree Village in Palm Beach and Old Port Cove. We have been involved in the management end of our business in Old Port Cove Homeowners Associations, the Old Port Cove Marina and two office structures in Palm Beach and apartment buildings. Mr. Ecclestone personally has been involved in sailing and designing sailing craft for a period of 25 years. Fifth on our schedule of experience i:. our staff. Mr. Ecclestone retains a staff that is daily involved in construction of multi -family housing/office buildings. We are daily involved in marketing of these and in financing and the general management. As to the Miamarina, you've read cur: proposal and our bid, we feel like it is a basic bid, We address eacondly the problems of the Miamarina that have been brought to our attention and we feel primarily as I'm sure the others do the major problem is the wave barrier problem. We have spoken with Post Buckley Schuh and Jernigan and I have with me today one of their associates who can discuss this if you need. Our feeling about the wave barrier, we definitely feel like it will be needed, we feel like there will be other corrections needed. We do not feel that there can be any major- additions made to the Miamarina due to the size of the leased i..erovement. We would like to discuss at future meetings the possi- bility of alterations of same of the facilities that are there. As far as problems are concerned we are prepared and I think we are financially capable of handling the necessary improvements or corrections that present themselves at Miamarina. We will address one major factor in the Miamarina. It is a factor called promotion. We in West Palm Beach, this gentleman, we maintain one full time gentleman doing nothing but correlating our marketing efforts in the real- estate field. This gentleman would be involved in promoting and presenting a satisfactory rrcgran of promoting the kiamarina. We feel like this should be promoting, four things: First, service; secondly maybe not in importance, maybe it should ee first in importance, but we feel that we should be able to adequate- ly and ju,tifiably promote the location of Miamarina as one of the finest trans- ient type marinas in the south. We would like to be able to promote a well - maintained marina which we think we will be able to present and we would like to be able to promote the marina to the boating public which upon some investi- gation we elVe. heard comment that it is not the place to stay. We think it should be. We feel due to Mr. Ecclestone's experience not only in the manage- ment of marinas, management of other similar type businesses but his involve- ment in the marina world, the boaters world,we feel that we can deal and speak the boaters' language. We thank you for the oportunity of making a bid. Mayor Furze: Thank you very much. The next group, Mr. Grassie? Mr. Grassie: The third proposal then, Mr. Mayor, would be from New World Marinas, Inc. Mr. Tam Post: lair. Meyer, Commissioners, my name is Tom Post. I'm an attorney here in Miami and I represent New World Marinas, Inc. I would like very quickly to introduce to you the principals in New World Marinas, Inc. first of all, the president its Gladys Dobbin. Would you please stand, Mrs. Dubbin, Mrs. b bin. Dubbin is a businesswOm n with vast experience in the marine field. She has been involved in a number of marina operations, she has been involved in a number f{M 9r1978 of shipping Operations at the resume that you find in our proposal indicateS, She has been directly involved ih the management of various ships Under the thterstatt Commerce 66mmission't Certification froth Maine to touittiana, she has been involved with the Bimini Ruh Marina, Duck Key marina and Imperial bahaMa Marina, At the present time she is an officer in a corporation which provides the ships for the contact carrier for the United States Military Sea Lift COM., band which provides all the cargo and services for the down range missile track,, ing bases throughout the Caribbean. That is under a military contract. The secretary of the corporation is Dorothy Dubbin who is a sister-in-law to Mrs. Dubbin. She also has tremendous experience in Marinas and shipping and pectic.- Ularly in advertising and development. My experience in this area is in addi- tion to a certain amount of maritime work I'm also an adjunct professor at the University of Miami. I teach Environmental Law and we feel that with the Envireev• Mental Litigation experience and the Admiralty experience we will certainly be able to work for the necessary permitting which will be required in connection with the cparation of Miamarina. Finally but not least by any means is Admiral Stephens. Admiral, would you stand up for just a second? I think everybody is familiar with Admiral Stephens. He was the Director for the Port of Miami for seven years, he built that port to the fine outstanding port that it is today, the largest passenger port in the United States and we are absolutely thrilled to have Admiral Stephens with us participating in this program because we feel that alonc: with our experience the experience of Admiral Stephens absolutely guarantees a winner for the City of Miami and for the people of Miami. Now I want tc go into the proposal after discussing the members. I want to point out one thing that the other two people didn't point out and it is very important particularly to the people who are at the marina. We propose no rate increase Uhatsoever from the dockage or other facilities used at the marina. That is not .Like the other two proposals that you have just heard. The other proposals as I understand, both have indicated an increase in the dockage revenues that they will seefrom the individual boater. Secondly, our bid includes any Ad Valorem Tax which may be assessed as a result of any lease to private individuals of these marina facilities. We agree to pay whatever that tax may be. Thirdly, we in- tend to employ all full time City employees who are currently working at Miamar- ina should they desire to stay there. We think that is exceedingly important. Finally, we want to build K.anarina into a full service marina. I think the two proposals that you heard just a couple of minutes ago are substantially dif- ferent from ours in that they have indicated to you that they're not looking for any tremendous expansion of facilities. Well we are. We want to do a number of things to that marina to expand it into a full service marina. We want to build a new Dock Office, increase the office that we have now or build a second floor so you can maximize the view of that facility, so that you can better provide security for the marina and so that you can better direct the traffic that's in the marina. We want to replace the existing electric boxes which are faulty and improperly installed as our slides in a second will show. We want to add oa a number of new slips for small boaters in the marina and our slides that I'm going to present in a minute will show you where we're going to put that. We want to add a pump -out facility to be consistent with the new Coast Guard re- quirements for marine sanitation devices. We want to install a fuel service in conjunction with that pump-outfacility which will make Miamarina a full service marina. We want to enlarge and clean up Miamarina and enlarge and expand its sports fishing fleet and its sight-seeing fleet. Now Admiral Stephens in con- nection with the wave problem that has been discussed has come up with a tremen- dous idea we think and that is instead of building a breakwater and undergoing all the environmental problems that are associated with that the admiral has proposed that we have a hanging barrier that would hang from the bridge that is owned by the County over to Dock Island which will hang so as to be just a little bit in the water but sufficiently deep enough to stop any wave action but without having an adverse environmental affect and can be done much much less cheaply and I would caution you to request of the people who said that they were going to build a wave barrier whether that funding they will expect the City to participate in thatoin a toll barrier, we do not. We will put that barrier in ourselves in the type that we're proposing. Thirdly, or continuing on, we want to provide a security patrol for that area. There are problems in security, I don't need to go in depth on that but we want to enhance the secur- ity. We will offer to manage Watson Island untilsome determination is made as to what is going to happen to Watson Island. Now the Watson Island facility is presently being partially taken care of by the Miamarina personnel and we understand it is the City's desire to get out of the marina management busi- ness, well tell you that we will happily run Watson Island Marina and those people wou't be dispossessed until you decide affirmatively what you're going to do with Watson Islsnd, Next we want to work in conjunction with the hotels $41 44=4 Ene: with the sports fishing fleet and the sight-seeing fleet to provide JUN 2 2 1978 11 1al 1ik 4ot " -=-101111111. a shuttle service so that When boats froth the north defile down to Plorida they will have facilitieS, restaurant faCilities, hotel facilities Walkable to the to use as an adjundt to our Marina, We want to Wild Miamarina into a full service marina similar to Piet 66 and we feel that including the business community, the hotels, and you have there a letter that t have just pretented to you from Skip Shepard, We have also contacted the Columbus Hotel and other hotels and they have all agreed and are all very enthusiastic about this prograM In addition to this we want to provide a program to bring the boater from his boat into downtown Miami where he can do a little shopping so we're going to have a little information center and when the boat ties up we're going to give him some information on where the restaurants are and where the hotels are and we're going to give bim a little card so that he can get a discount at some of the shops in Miami, bring him downtown into these shops. Now I want to talk just for a second about the civic aspect of the proposal and the motivation be- hind the Dobbins real interest in this and that is to make Miamarina into a beautiful facility for this community. To encourage this we're going to try to sponsor sporting events, races, regattas, coordinated voyages, we want to pro- vide and we will ask for scouting vessels, we will ask for scientific vessels, anyone that wants to come in along the outside wall we will give them free berth- ing in this area to bring these vessels down here, to help the scouts, to help the scientific people out. We want them to come in. We want to create a lively atmosphere for the downtown people to come in and view the marina and the facil- ities and we want to make the marina into something which we don't think it is being currently utilized sufficiently for. Now in the short 15 minutes I have not had an opportunity to run over the complete addenda of all the different things that we would like to produce, the remodeling, but that addenda is before you and I hope you will just take a second to go over it. / want to talk to you a second about our bid and the money that the City can derive. We have offered a minimum guarantee of $40,000 with a percentage as we go up the scale up to 20% of the income that comes in. But I want to point out that we are not again asking for any rate increase and secondly all these new facilities that we're talking about, a new dock office, a new ships store, a bait shop, to make this into a full service marina will be facilities which will be built on the port which the citizens of the City will have the benefit of and which will stay with the marina after we've gone or if you choose at some later date to bring in an- other group. Now our lease proposal is for twenty years, the other proposals are for thirty years. We think the City needs to look over what is happening in a more timely manner and we think a twenty year lease is a better lease. Finally in our proposal we have said we want to be inspected by the City monthly, whatever you desire by a member of the City Manager's Office to make sure that we are complying with what we are attempting to do there and what we are demon- strating to you that we want to do and we think the City will be very capable of bringing down its people to make sure that that marina is properly managed. Now if I can I just want to run through a couple of real quick slides, it will take just a couple of minutes. We are, of course, New World Marinas and this is really what we're talking about, Miamarina, and in the back very fortunately you have a beautiful picture of the Port of Miami which Admiral Stephens is certainly greatly responsible for. And you'll note that that bridge goes over to that port and that Admiral Stephens traveled that bridge thousands of times to that port and certainly knows about the marina and as I say we're very happy in having him as a part of our group because we think his experience in this particular area is something that is substantial and will help insure the via-. bility of Miamarina as we would like to see it. Now this picture and the pic- tures that I'm going to show you now are not very pretty but they're reality. That's Miamarina now and that's what we don't want to see and what we will not allow. What you see there is a fender system which is caved in half and right behind that fender system is an electric box. Now this situation exists through- out the marina and these fenders have been broken off and not replaced and what happens is when the bows of these boats, particularly the ones with bow sprints came in they knock those electric boxes and break them off at their bottom and they're very badly placed, in fact, they don't meet current fire standards if you check with your own Fire people I believe and we want to do something about replacing those and making that a lot safer. This is an example of the current pilings that you have down there. We will replace these pilings and add new pilings for new boat slips. This is another example of broken pilings that exist today. This is another example of what has happened to your electric box, That's your electric box on the bottom and your fire protection box on the top. New you'll Ben that the fender system that was designed to go behind here to protect this thing has been demolished already and what's happened is the bow sprint of some boat has came through there and punched that box two or three times and that is your facility now. This is unfortunately also the situation new - pollution throughout the marina. These pictures were taken this week, all of these. Another example of the pilings. Mayor Ferre: Counselor, your fifteen minutes are up, ,IVIN 2 1971 Ott%! 1(110 Mr. Post: All right, your hont5t, We de) nrt have a Dinner Key and I only have five or sixtore slides and maybe t Could take a little bit of Mr. Walker's time, he finished a little early. Tha ik you. Mr. Walker is a nice fellow. But again you get an idea of the pollution throughout the marina, This is the competition, this is what's coming, This is the new marina at Miami Beach that is under construction at South Beach. This will be a four hundred and some slip marina and will be in direct competition with Miamarina. This is not a very pretty picture but it is where the new Miami Beach Outboard Club will be and some two hundred and some slips being built by Mr. Turchin. Directly up the street from the Miamarina now as you all are aware in front of the Omni will be another large marina. We point these out to you only to say that we think that the City is correct in taking the action that it is taking to lease the marinas out so that they can be put in proper order, so that they can help benefit the community so that the revenues at the marinas will not continue to sink any further. Thank you very much. Mayor Ferre: again, these Mr. Grassie: Alright, thank you very much. If we'll get the lights back on are the three presentations, is that right, Mr. Grassie? That is correct, those are the three for Miamarina, Mr. Mayor. Mayor Ferre: Do you think that we should at this point ask questions, because there are separate questions I would imagine? Mr. Grassie: Yes, and not questions now. all of the companies overlap so you may wish to ask Mayor Ferre: I'll start off and then we'll see what other questions the rest40 of the Commission has. What is the estimated income of the City of Miami in operating that facility at this time, approximately? Mr. Grassie: Net, after operating expenses? Mayor Ferre: Yes, sir. mr. Grassie: Virtually none, it's about a break even operation. Mayor Ferre: All right, now as I understand it Biscayne Recreation Development Company is offering a minimum of $150,000 or 31.5 % of the gross receipts, which- ever is greater, is that correct? Mr. Grassie: That is their presentation, yes, sir. Mayor Ferre: Now I notice that the other two which is Ecclestone offers $50,000 r" plus 25% and New World offers $40,000 or 10.5% of gross receipts up to 750 and then they have an upward scale beyond that. Now I don't quite understand, there is a disparity which is quite substantial between guaranteeing $150,000, $50,000 and $40,000. Do you want to explain that? Mr. Fosmoen: The simple answer is that one proposal does not assume taxes, the other two proposals do assume taxes on the property, it's either a lease hold interest or Ad Valorem. Mayor Ferre: I see. Well, the answer is that one assumes taxes and the other two does not. Mx. Fosmoen: One does not assume taxes. mayor Ferre: Does not assume, and the other two do. Let me ask you this, at the present time the City is not paying School Board and County taxes. Mr. Fosmoen: That is correct. Mayor Ferre: Now, the moment that it becomes a private facility I would assume that it will be paying taxes. Mr. Fosmoen: That is not necessarily the case... Mayor Ferre: Well, if Dan Paul has anything to do with it it will and I'm sure we'll hear from him later on on that point. 14r. Fosmoen: Both Grove Key and Merrill Stevens have managed to achieve exemp- tions on a yearly basis because of the marine operation. 69 JUN 2 7979 n r, 107Q Mayor Ferre: I see► well then that is a legal matter and my statement here does not in any way preempt or speak to that, this is not a court of law. But if this were to be taken to court and if it were lost then what would be the esti., mated taxes? 1211, you have to, you know that is an important question in coin= parison because you have to compare apples to apples. Mr. Fosroen: 1 know it is, Mr. Mayor, and I don't because at this point we don't know what the basis whether it would be a leasehold interest on twenty it would be a tax on the value of the property, Ad mot certain at this point. Mayor Ferre: All right. have a ready answer for you of the assessment would be, years or thirty years, whether Valorem Tax, we're definitely !!r. Fosmoen: You're correct, it is difficult to compare them because we don't know what that answer is. Mayor Ferre: Well, you know when you look at this it looks so far out that one is 150 and the other one is 50 and you know you have to take that into account. Mr. Plummer: Well, I think the fair question, Mr. Mayor, would be if the third party, the New World wanted to answer I'm assuming they are the ones who have taken into consideration and showed the tax paid, what they based their assess- ment on, how much more would their lease pay annually if they did not have to pay taxes. Mayor Ferre: You can also reverse that, I'm sure that Mr. Walker.... Mr. Post: There are two differences between our bid and the others, the first is the tax issue, I'll answer that. But the second is we are talking of providing new facilities, a new dock office, a whole new shelter for a fuel facility, fuel containers cost and a ship's store as outlined in our proposal. That represents $150,000 capital there that we're talking about. Secondly, for the Ad Valorem Taxation question I'm afraid that I have to agree with Mr. Paul, I sat as Spec- ial Master for the Property Appraisal Adjustment Board which is the body, as you know composed of the County Commissioners and the School Board members re- viewing the question of taxation. Our bid includes the fact that we feel that if the bid is awarded that a tax in all probability will be placed on those marinas. My personal feeling is that those people who are living on liveaboard slips in Dinner Key or Miamarina now may well be subject to a taxation as based on a condominium, splitting it up according to the slip spaces if Mr. Blake were to chose to put that tax out now because I would have a very difficult time ex- plaining as a tenant out there what the public purpose was for me living there as a resident of Miami and not paying any taxes and getting free schooling facil- ities, free police protection, free fire protection and not paying any taxes whatsoever. The City as long as it owns public property and keeps it for public purposes that's fine but when you've got a situation that we have now at the marinas where we've got hundreds of people waiting on the list to get into Dinner Key to live there permanently not paying taxes if I were one of those residents I'd have a very difficult time explaining to a court or anyone else what the public purpose was for me to live there not paying any taxes on that. We feel that the taxes will probably be put on and we're prepared to pay. Mr. Plummer: Mr. Post, it is a very simple answer, sir, tell me what have you put into reserve of your proposal for taxes? )4r. Post: Approximately $100,000 and that's based upon the cost of the marina when the 1964 bond issue was 3.159. Mayor Ferre: A11 right, does Ecclestone want to answer that same question? Well, I know but I mean just giving them the right... and also Mr. Walker. Mr. Norris: The question being, what would we add to our bid.... Mayor Ferre: No, that wasn't the question. ... Mr. Norris: We had $30,000. Mayor Ferre: All right, thank you, sir, Mr, Walker, do you want to handle that question? Mr. Walker: We've gone into a number of things here, the things that were men- tioned by the gentleman that he is going to replace, a part of the agreement with the City when you put a proposal in to lease the Miamarina facilities you've got to replace pilings, you've got to replace parts of the docks, you've got to JIl(� 2 1978 •peat 0n1070 be prepared to replace the electricity. We have gone in to the fuel facility and we have been told by people who beiie`V'e that you cannot put a fuel facility Oh the docks at Miatariha,, it is completely out. We have also studied the tax situation and t'd like to have Mt. bubbin speak to that, Mayor Perre: All right, sit. Mr. Dubbin: Just very briefly, ter. Mayor and Members of the Commission, in my opinion at this time if an attempt was Made to levy an Ad Valorem Tax on say Miamarina leased to a private person for purposes of operating a public marina in my judgement under the present law there would be no Ad Valorem Tax levied. There are cases at this time to substantiate it. There are those who suggest and express concern that the law is in the process of changing but until it is changed this would be my opinion and my advice to my client and to the Commis- sion. Mayor Ferre: Murray, it looks like Mrs. Dubbin Day, I see the honorable judge back there and I see the Dubbin family is here in force today. Mr. Dubbin: I thank you. Well, the judge, as you know, is a long time resident of north Grove and Brickell Avenue and I think he is interested in occurences here and I do notice that Gladys Dubbin, my aunt, my uncles wife and her partner Dorothy is also another uncle's wife and we are in competition for this partic- ular.... Mayor Ferre: That's very healthy and I think that is great. All right. On to the next question, I have this question and I guess we'll start in reverse now with Mr. Walker, maybe you can answer this. I notice that your rates, you're the only one that proposed specific rates. These are higher than are presently being charged. Now I don't mean to be disrespectful to the New World Marina Inc. but I don't think you really mean for us to believe that you have no inten- tions of increasing rates period. You're asking for a twenty year franchise, I mean a twenty year lease with a twenty year option, I'm sure you're not mak- ing it inclusive for forty years, are you or are you? No increases for forty years? You would have increz.aez,? Oh no, you don't have any planned increases in forty years? No? I'm sorry, you answer. Mr. Walker: All I just wanted to say is that we put our rates in and I notice that in a number of other cases no one put rates in and our rates are quite modest, from 13 to 15, from 81 to 10 and it averages something in the neighbor- hood of 18 or 20%. Mr. Plummer: How many years, Paul, are you willing to guarantee these rates at? Mr. Walker: We would say two years, we don't know what the cost of living is going to do to insurance and salaries and benefits. The withholding taxes may keep going up and up, Social Security is going up and we want to run this as a going business. In addition, we plan big promotion on this facility as mentioned by the gentleman from Palm Beach. Mayor Ferre: All right, Ecclestone? Mr. Norris: Mr. Mayor, you're referring to the question of we didn't publish rates? Mayor Perre: Yes, sir. Mr. Norris: Our rates would be slightly increased. I think in our discussions with the review we did discuss rates and they would be. As to the question of how long would we hold onto them I cannot say that we will hold on to them for a period in excess of two years. Mayor Ferre: All right, sir, thank you. Mr. Post: We see no need to increase the rates at the present time and would see no need to increase them for at least two years subsequent. Mayor Ferre: Two years. Mr. Post: The same as the others, Mayor Ferre; In other words no increase for two years and then beyond that you don't know. MN 22 1Q7P. Nev. Gibson: Let me ask a tuebtion, We continue to say to the people who occupy this apace, sOMe of theM have been complaining either here or over there, you mean to tell Me they're going to get all this business upgraded and no increased cost? Mr. Posts That's exactly what t wean to tell you because we don't think that Miamarina is now being operated anywhere close to its capacity, that the revenues that we will generate through some of the other services that we hope to provide will be increased revenues. No one has told you about the revenues from any fuel facilities, we will have fuel facilities and we will give you increased revenues from those. We will have a ship's store and the City will get a per- centage of everything sold out of that ship's store, any revenues that we would derive from any hotel accomodations, any brokerage at the marina that we would have the City would get its share of and that will increase those revenues. Mayor Ferre: All right. Mr. Plummer: Let me ask a question, Mr. Mayor, something is completely off. Now Mr. Grassie or Mr. Fosmoen, in this sheet which you passed out to us, sir, you say that when these people made their bid, I'm assuming this is when this sheet was developed, that there was no mention in the proposal of the rates yet I hear this man stand here and say that, in fact, there will be no increase in rates. Now where does this fall out of context? Mt. Fosmoen: This material before you was pulled directly from their proposals, the written proposal. If they wish to illuminate on that proposal at this pub- lic meeting I guess they can do that. Mr. Plummer: All right, well the point I'm trying to come to, if we go back to the second firm Ecclestone Management Company, now I want to tell you and I want some justification, a committee rated these companies and recommended to this Commission that these are the three to be heard. Based on your last comment in reference to Ecclestone, five out of the seven boxes are not even filled in, no mention no nothing. The only thing that they proposed was a minimum of $50,000 for thirty years. Now I want to know how a committee can intelligently make the decision that this company should be heard when the only thing they spoke to, and obviously in their proposal, was minimum of $50,000 for thirty years. There is nothing mentioned about the wave barrier, nothing about improve- ments, physical improvements, nothing about other improvements and in the col- umn where it is extensively in all of the other proposals none mentioned speci- fically. They do say that the City has to put in parking without meters and maintain parking areas. I"'m at a loss, if this is all the information that was presented to the Committee. Mr. Fosmoen: What you have before you is what was presented in the bid. A lot of those items were not asked for in the bid, Commissioner, some people provided them others didn't. A11 right? Some people provided additional information, others did not. Mr. Plummer: I don't disagree with that. Mr. Fosmoen: When the Committee reviewed or met with each of the proposers, additional information was forthcoming from those proposers subsequent to this. Mr. Plummer: So in other words this is, in fact, an outdated paper. Mr. Fosmoen: This demonstrates what is in the written proposal. You are going to receive a report in a few minutes from that committee with a number of com- ments. Mr. Plummer: Well let me just then use what you say there by making this obser- vation. Without knowing any of these other companies but seeing that some of these other companies were obviously extensive in their answering of the bid proposals I find it extremely difficult to see how this company was chosen in lieu of other companies who handled greater minimums and shorter years and were more explicit in their presentations. Mayor Ferre: I wonder if I might, if you'll excuse me for pre-empting your answer there, see if I can shed same light on this. I think the Commission, everybody gets so up -tight about this because everybody is always jumping to quick conclusions led on by certain friends every once in a while that have comments in the morning and I think we all get all excited about a lot of things that perhaps we don't have to get excited about. What we're trying to do if you will recall the process was to open this up to everybody to come up with reendatiohs, we didn't Want limitations. That doesn't Mean that this edam, .tsaion is going to accept anything. There is no promise hete that we're going to accept anything. We may not do anything and that's a chahce that all of you took when you came in and you spent your tithe and your money to make us proposals. It was an open ended thing. We've had all kinds of and all varit- ids of recommendations. I recognize the point that some people were a lot more thorough in their presentation than others, that is something that should be given serious consideration. The committee that was selected by the Manager, and I think wisely so, was supposed to evaluate all the proposals by talking to the individuals and then select the three the ccmanittee thought made most sense. They didn't come back and say this one is better than the other as I mederstand it. They said these are the three you should listen to and then if you will recall at the last session there was some question as to whether or not we were going to decide anything today and we said, "Look, let's not again panic on this and make any hasty decisions, let's move along and see what happens, what is presented, what is the opinion of the Commission and then at that point we can decide whether or not we're going to take the next step in crossing this river or whether we're just going to go back to the other side of the shore and stay where we were." Now that's where we're at right now and I agree, J. L., with your comments on the other hand unless we had approached it in this very open way we would not have gotten the variety of ideas. I want Mrs. Dubbin's input and Admiral Stephens and Paul Walker's and Mr. Ecclestone's. These are intelligent imaginative people and if the City of Miami - and I don't mean this in any derogatory way - if we had said to staff go and cast in stone the specifications of what we want we would have had a very very limited set of circumstances and that would not permit the imagination of people of the likes of Paul Wacker and Mrs. Dubbin and Admiral Stephens and Mr. Ecclestone to come here and let their imaginations flare a little bit. Now we're getting for free the usage of your ability and your mind, somewhere along the line hope- fully we'll choose one of you. But I caution and warn people in the audience and the public not to come to any precipitous conclusions as to what this com- mission is or is not going to do. And we're right smack in the middle of this process. As a matter of fact, I would guesstimate that we're not even half way there. Let's move on ult:. the questions. I've got one more question and then we can hear from the committee with their recommendation and then we'll go on to the next speaker. I've got a question about the length of the lease. Lad- ies and gentlemen of the three groups, I'm bothered about thirty year leases. I'm bothered because you're not really putting up any money. This is public stoney that has already been spent. It is a little bit different when you're going to have to go out and spend your own money like in Miamarina, I think that is a different ball game. Here the public has already spent its money, it is public funds that have been expended, it's already there. I have a dif- ferent feeling about that. All we're really talking about is can you run it better than we can. I think you can. I think the private sector can run a marine facility, a marine facility is not a Fire Department or a Police Depart- ment or an essential service of the City. It is a luxury type of a thing where we render recreational type facilities. All we really want is for it to be properly managed, clean, kept up to date and where you make a good return and you make a profit and you give a better service to the people of the community. Therefore, I am bothered about thirty year leases. My question then is this, and we can start with you, Mr. Walker: Would you consider less than a thirty year lease? Mr. Walker: We would consider less than a thirty year lease, however, in the proposals put out for bid there was a statement that the docks must be replaced by the year 2000. So when you have a 22 year leeway we figure if we're going to replace the docks in the year 2000 we ought to be able to extend our lease be- yond that. Mayor Ferre: Let's see, let me figure out... I'm not like Claude Pepper, I'm trying to figure out whether I'll be Mayor in that year and I. don't intend to be in the year 2000. So I think that's something that we should let same fut- ure Commission worry about. All right, can we get the answer from the next group? Mr. Post: We would certainly consider a lease for a lesser period of time al- though our lease was twenty years with an option to renew but we would certain- ly consider a lease for a lesser time. Mayor Ferre; L. right, Ecclestone? I'. Morris; Yes, with an option. JUN ;? 1978 Mayor yerre: Okay, let's see what other questions we have from the Commission, Mrs. Gordon: Mr. Fosmoen, what criteria would be set up for monitoring perfofth& ance, maintenance and so forth for the lessee? Mr. Fosmoen: We have,in other leases that have recently been negotiated,the right to enter the property, the lease contains provisions that if we find maintenance problems the lessee has to correct those immediately or he is in default of the lease. So you know we can be pretty hard-nosed about mainten& ance of the property. Mrs. Gordon: What other controls do we have on the rate structures? Mr. Fosmoen: In other leases that we have, Commissioner, the City Manager must approve any rate increases and in some cases I believe it is the City Com- mission who approves rate increases. Mayor Ferre: Any other questions? Mr. Plummer: One of the companies, I think it was the last one, New World, you spoke of extensive improvements to the facilities and I think you spoke in the neighborhood of about $200,000? All right, $150,000. How would you propose that that money be derived? You would put out the money at no expense to the City, not deduct it from the rent? To the other companies would be the same question. Do you plan, Biscayne Recreation any extensive improvements and what amount and how would you pay for them and would it be out of your pocket or amortized back against the rent? Mr. Walker: It would be out of our pocket. Mr. Plummer: And approximately how much do you propose in improvements? Mr. Walker: The cost of it was $178,000 in round numbers and the wave barrier was approximately in the $40,000 range. Mr. Plummer: Ecclestone? Mr. Norris: We've had a figure of around $100,000 and we plan to pay it our- selves. Mr. Plummer: Mr. Fosmoen, there have been two opposing views as far as fuel service is concerned, something very critical to the boats of that area. One person said that it cannot be and the other one says they definitely propose it. Has the administration established a position on that that it is feasible or it is not? Mr. Grimm: Commissioner, if I may I'll answer that question by saying that when we built Miamarina it was the policy of this Commission to not allow fuel- ing facilities as part of Miamarina and at that time to place the fueling facil- ity to serve that marina at Watson Island which we did. Mr. Plummer: But in other words other than the policy of this Commission is there any other prohibition that you know of? Mr. Grimm: Well, there could be but to answer your question whether I person- ally know if it, no. We had a fueling facility when Pier 5 was there. Mr. Plummer: Okay. Mr. Fosmoen: Perhaps on expansion, Commissioner, there is a fueling facility proposed at the Plaza Venetia Marina. Mr. Plummer: Let me ask you this, just... Based on, and let me use just one of them, I don't care which one. Well, of course, you can't use, yes, you can use anyone you want with exception of Ecclestone who do not mention their rates, let me ask,had you proposed or the committee figured, we see a minimum of $150,000 and we know that's in hand if we went with this company or 311A of gross. My question is, what would be the maximum gross based upon their rates? In other words I'm trying to establish a dollar figure. We know what the mini- mum is, what conceivably could be the maximum figure that the City could derive? $r. Fosmoen: We did not look at that because there are improvements proposed in all,both cases. It would be very difficult to get a handle on the gross 107, mils: 11n 1n1iCt from a brokerage business, for example, or a gross from a bait and tackle shop, 1f you wait us to just take the number of slips and Multiply out the rate pet day and see what the City's gross is that's easy assuming 100% occupancy. Mr, Plummer: Based upon the question which I asked to you off of the record, what was the approximate assessed value of that property your answer was approx.. innately $3,000,000. I think in private business a fair return on an investment is lot. Ten per cent would equate itself under those real fast ball park figs ures at $300,000 per year return. Nov, that's where I'm trying to come from is to determine what would be the maximum under this proposal using this one or all three if you can determine from all three. Mr. rosmoen: I simply don't have the number for you. M_. Plummer: Ok. I'd like for you at your convenience to develop that figure because I think that would have a big bearing on the Commission's decision as to whether or not it is financially feasible for us to get out of the business and to !yelp this General Fund or not to. Mayor Ferre: All right, further questions at this tithe? If not, we'll get the report from the committee. Mr. Grassie: Its chairman, Mr. Mayor, would initiate that report to you. Mayor Ferre: Just limit it to Miamarina for now and then we'll get on to the other, hopefully we can move into the other soon. Mr. Ike Iaconis: Thank you, Mr. Mayor. My name is Ike Iaconis and I was the Chairman of the Proposal Review Committee. I'd like at this time to recognize the two other gentlemen who were a part of this committee, Mr. Dick Cummins and Mr. Pete Sawyer. I'd like them to stand, please. Thank you very much, gentle- men. Mr. Plummer: May I ask both gentlemen, what business are you in, sir? Marine equipment. All right. And your association, you're in the public health trust but you are a tenant here. Air. Iaconis: That's correct, I am a private citizen, I am a member of the Pub- lic Health Trust as just a public interest and I have a CPA practice in Miami, City and County. I am also an engineer, I think we mentioned that once before. Mr. Plummer: Well, but what I was trying to establish was as to your water orientation it is as a tenant. Mr. Iaconis: Oh, my water orientation is I'm a tenant at Dinner Key Marina and I represented the Dinner Key Marina Tenants' Association in the rate in- crease discussion that was held last year and assisted the City in the formu- lation of Chapter 50. Mayor Ferre: Did you say great? Mr. Iaconis: The rate increase. Mayor Ferre: Oh, rate, I thought you said great. I said that was the mouse that roared. Mr. Iaconis: R-a-t-e, sir. The group that was assembled was not asked by the City Manager to rate nor to pick any particular proposal. The requirement or the request of the City Manager's Office was to assist them as an advisory group in some way and we developed the criteria as we developed what we would be doing from the point of view of providing those proposals which we felt would be of significance for you to listen further to because there were several proposals. The proposals that we recommended in last weeks' session, you now have listened to the Miamarina, the group that essentially has floated to the top if I can use the pun. What has happened is this, we accepted the proposals at face value. There were no investigations on a private nature, we simply listened to the proposals as they were presented by the principals or whomever were involved and attempted to make some objective evaluations after we asked certain questions. Mr. Plummer is correct in that what we started with in some of the proposals was no information in certain areas and I'll go into what some of the questions were and some of the responses. A financial analysis was not performed in that our purview was to look et exactly what the proposers were 75_ presenting to us Ahd accept that and attempt to (take soete judgement from what they proposed, yor binher Key Marina we do have data which We will discuss with you in terms of a financial analysis but in this particular case there was some difficulty in getting the financial data and at Mt, Grassie's suggestion t won't go any further into the details of why we had difficulty in getting it there. There were several intangibles.... Mr. Plummer: Whoa, you don't just leave me hanging like that, Mr. Iaconis: I'd like to finish my presentation, if you have any questionst air, I would be glad to answer them. Mr. Plummer: Well rest assured you will be brought back on the subject. Finish your presentation. Mr. Iaconis: There were several intangibles that made any discussion and any review very very difficult. It was easier for Miamarina then as you will see when we discuss Dinner Key in terms of being able to come to some conclusions both pro and con concerning the proposal. One of the items that the committee requested unanimously to bring to your attention is that there are proposers who wish to bid for both Dinner Key and Miamarina. It is our request of the. Commission that if there is a decision at some future point that a decision be wade with Dinner Key first and that proposer if he is one of those that has also proposed on Miamarina not be included for further consideration in the second or the Miamarina proposal. The reason for that is to allow the second proposer the opportunity not to be the step -sister of the waterfront, some people have indicated Miamarina is now. A lot of emphasis is placed on Dinner Key, very little emphasis because of the transient nature of Miamarina in terms of how it is operated, and you've seen by some of the pictures some of the problems there. Our request to you is that rather than have a step -sister approach applied over the next, 20, 30 or 40 years that we have a second proposer be brought to your attention so that we have two first class marinas rather than one first class marina and one step -child. I would like to now discuss the Miamarina items in terms of pluses and minuses. You have heard a lot of the items, we don't wish to go back and simply talk about the same things you have heard about so I will attempt to net it down to some bottom line items. In terms of the pluses, Bis- cayne Recreation first, I'll do it in alphabetical order, their guarantee was the best of the three proposals, the $150,000 or 31.5% of the gross. That's not just $150,000 but it was a percentage of the gross which you should consider in your understanding. However, taxes were not included as part of their pro- posal so their guarantee says, "Well, if we have taxes we'll have to subtract that out and we don't know what that number is", you should take that into ac- count, whereas Ecclestone and New World did indicate that taxes were included. However, in our discussion with Ecclestone they would not tell us how much the taxes were, they did tell you in this chamber this afternoon but in our discus- sions with them they would not relate to us what the amount was. Yes, sir. Mr. Plummer: Mr. Mayor, I'll hold if you want but yet in light of that which to me is one of the critical questions you recommended to the Manager that they be one of the firms heard. That's where I'm losing. Mayor Ferre: J. L., why don't you let Mr. Iaconis finish and then we'll, write down your questions. Mr. Iaconis: Thank you, Mr. Mayor. The experience at Biscayne Development was very good and the culvert was one of the areas that we considered of significant interest in terms of what they would do to clear up some of the stagnant water that you saw in the picture provided by New World. However, as a negative the gentleman who was the engineer had just come back from Germany at that time and at the time of our presentations did not know what we were talking about in terms of the discussion of the barrier. They have since apparently reviewed that and you have heard their intimations concerning the barrier. There was no solution discussed by Biscayne Recreation at the time of our presentation. Now what we looked at - I'll go into the others in a minute. What we looked at was were these items in the public interest, what about the wave barrier which is a significant problem area, any renovation that would be provided if necessary, what improvements would be made and who would pay for them, what would be the return to the City, what was the experience of the people who were leaking the presentation and who would operate the marina and what were the financial quali- fications. flow on that basis, and I've boiled it down to the pros and cons for one the groups that were not presented before you did not come up to the same standard that these three did in trying to answer Mt. PluMmer'a question overall, Ecclestone Management in terms of its pros was that they included 7',I178 76 :1I IN 22147P $100400 it their presentation to ua for the wave barrier approach. This teas included, as they would say, they would pay for this it at attempt to cleat up this situation. The marina eltperience was proven in tetmn of a significant marina up in west Palm Seach and they also indicated in this presentation that they would include an additional $100000 for improvements. The negatives con.. cerrning Mcc1.estone, boiling it down, was that they placed conditions On their agreement. They discussed the fact that parking was required without meters and that the City trust do something about it and they had no suggeation as to what is to be done. They wanted the City to maintain the parking area, they did not wish that to be part of their responsibility and that the City was to provide certain insurance which they felt also was not their responsibility. That takes care of the netted dorm items in Ecclestone. In New World they had the smallest amount to the City on a guaranteed basis but they included taxes and they told us that they included $100,000 in taxes. As we heard from Eccle.- stone they only included $30,000 and they mentioned that to you just a few mom- ents ago. The pros in terms of the New World area was that they suggested at least over the short term which was undefined that there would be no increase in the dock rates. This was a very acceptable answer as far as the committee was concerned. They discussed a beautification program, full service marina and that one of the major items discussed was the increasing of the number of slips and I'm surprised that Mr. Post didn't bring that to your attention this afternoon but the committee felt that that was of significance, the use of some of the vacant areas around the marina for smaller boats in that facility. Did you? Ok, then I didn't hear it and I apologize, Mr. Post. I didn't hear 4r. Post say that but the committee wished to have it presented to you that we felt that that was an excellent suggestion. They discussed other items such as a tram to downtown and the getting of discounts in the various City establish- ir ments which we also thought were excellent. The barrier from the bridge and the use of the Admiral as a consultant in terms of his understanding of the Port Authority were also considered very very good recommendations. The negat- ive factors, the basic negative factor was that there was no experience presented at the operational level. These are people who wish to do some interesting things fox the marina but they do not have anyone that they would have had as their marinas manager whereas the other two groups had mentioned people with marina experience who would literally operate day to day the marina. The Bis- cayne Recreation suggested a thirty year lease, they did provide rates, Eccle- stone has thirty years, they did not provide rates but in the session with the committee said they would possibly be the same rates as they would charge at Dinner Key. New World Marinas said no incrcase and as you heard this afternoon they would attempt to hold that to a two year bay. Now this is in the informa- tion that we have, we have attempted to make this totally objective and at the request of my colleagues we were asked not to make any editorial comments con- cerning this but merely present the facts for your review so with that I'm open for question. Mayor Ferre: Mr. Plummer. Mr. Plummer: ... (NEARLY INAUDIBLE, NOT USING MICROPHONE) made a comment which said that you were unable to secure financial records. I'm at a total loss to understand ... you were unable to get financial data... the reason for it and two ... didn't have it how can you make....? Mr. Iaconis: The decision that we were asked to make was not whether or not we were_either.qualified or were necessary to come up with a financial analysis, we weren't asked for it. We were asked to provide hopefully common sense and some basic business judgement to see which proposals were better than the others. ,We were not asked to provide that, sir. In terms of the information I can only say to you that one proposer who was not recommended in Miamarina put specifi- cally in his proposal that it was impossible for him to give a guarantee because of the difficulty with which he found in trying to get information concerning the current revenue and expense for Miamarina. A second proposer as late as this week was desperately interested in trying to get information and asked me for that information. I contacted Mr. Grassie and told him of some of the dif- ficulty, we did get information as late as this morning concernina Dinner Key but we did not get information concerning Miamarina and I would defer that to Mr. Grassie, please. Mr. Grassie: And also you should mention, Ike, that you got in touch with me oar this yesterday. Ms, Iaconis: Well, the reason that we got in touch with Mr. Grassie yesterday was four weeks ago I requested information from the City. Last week when the data was supposed to be presented we were told that there was more time, there 7 JUN (,-371a silts 11 . 4, - was misunderstanding aid that they would get us the information. When f asked to get the information yesterday they said they had other priorities and at that point I went to Mr. Grassie and 1 told the birector of Pinance that I would tell Mr. Grassie and also present it before the city COMMiseion and I was told that I should go right ahead and I've done it. At the request of Vt. Grassie, he thought it was an unwise idea and I agreed with hits at the time. Mr. Plummer: (INAUDIBLE) Mr. Iaconis: I asked for data concerning revenue and expense areas, the speoi fic reference that I initially requested was concerning the fiscal year and thc, current year activities specifically of Dinner Key. We asked for that informa- tion on the basis that Once we had that we would be able then to go back to the Miamarina area. when we were unable to get even the basic information with which I had very personal involvement in last year I felt that it was impossible to go any further. Mr. Plummer: ....(INAUDIBLE) ... I'm not going to pursue it in the manner that I was previous but you know let me tell you what I think you were denied the access to. If you take, and please, I'm not trying to pick on anyone because I have to pick on Biscayne Recreation, Paul please excuse me because the other people didn't see fit to put it in their bid. Rest assured I will come after them later. But if I take the proposal as it stands using their figures based on a 31.5% of gross it is very critical I think to know what gross is. Miamarina presently is about 100% full or very close to it, very close to it. Ok, now the point... Mr. Iaconis: Mr. Plummer, let me bring one point to your attention, please. The committee was not asked to come up with a minimum number nor was the com- mittee asked to reject all proposals but merely to review them and consider which ones the Commission should listen to. We were not asked to pick them we were asked which ones were better than others that should be presented in terms of exactly what was presented to us without any analysis requested by anyone other than our, hopefully, once again our common sense and judgement on what we read and saw on paper and what the presentations were. We were not asked to go any fur- ther into any investigation. Therefore, I find it very difficult to answer your question here as to why we didn't do something that we weren't asked to do. If I am implying that you shouldn't ask the question I apologize but we weren't asked to do that. We did it on our own on the basis of trying to find out an apples to apples comparison and it was found difficult to do. That's all I really can say. Mr. Plummer: Mr. Iaconis, I did not interrupt you, sir, and I'll ask for the same courtesy. Mr. Iaconis: I beg your pardon, I apologize, Mr. Plummer. Mr. Plummer: The train of thought that I was trying to develop, had you been able to secure financial records and had these companies been able to secure financial records it might be revealing that if you use the records that we presently have, applying the only company that saw fit to put in their proposal using 31.5% of what we're using today at maximum would only draw $93,000 yet they have a minimum bid of $150,000. The income at this point rounding it off to the nearest figure is $300,000. That's at best. Now I understand that Bis- cayne is increasing their rates and proportionately so but really what you're telling me, and please maybe I'm misunderstanding you, is that your committee at best was a cursory look and did not go into any depth at all and if that is the case, sir, then I apologize to you for taking up your time. Mr. Iaconis: The depth that you're talking about was performed at Dinner Key and I'd be delighted to discuss that but it is premature. I'm only indicating that the Miamarina data was difficult and if it wasn't for my request of Mr. Grassie yesterday we wouldn't have had that. In other words we were prevented from getting the data, Mr. Plummer, and we weren't asked to provide the analysis. We were going to do it any way and you'll hear more in Dinner Key. Mr. Plummer: Well, thank you. Mayor Ferre: Further questions? If not, thank you, Mr. Iaconis and to the members of your committee for the dedication and hard work that you put in on behalf of the City. Wow finally we'll hear from staff and then we'll go on to the Coconut Grove presentation. 78 �•� �:y 9 9 i97B Mt. Grassie: Dur ng all of the eominittee's deliberations, Mr. Mayor, we had at least One and scnietimes two staff members present. Clark Merrill was the prihei- pal staff member who met as far as I know at all times with the committee but we do not have a separate or dissenting report to make to yot?. We're satisfied with the work of the committee and we're happy to have them summarize their work Mb that we do not have a different point of view to present to you. Mr. pluMmer: Well let ue say this, Mr. Grassie, you know what the committee is really saying on Miamar..na? That you controlled it. Now excuse me, if you hand feed - they dind't say that but if you hand teed a Committee only which ihforMee tion lrou want the;: to have or what you give to them you do control the committee. Mayor Ferre: hey, le;:'s put this in perspective, J. a. Mt. Plummer: Okay. N. Grassie: May I :Hike two comments, please? Mayor Perre: In a moment. In the first place, Mr. Grassie, this Commission did not mandate that any committee be established, that was a completely volun- tary thing which in _,�y opinion you wisely did to spread the burden of decision Making into certeir, parts of the community. Now, the choicee of who served on that committee, the three Members was completely yours. I e dn't know about it until I read about it in the newspaper, you didn't eve:; `deli_ me about it un- til way after the fact. Fine, I have no objections to that, you're certainly entitled to do teet. Now you're asking them to come up hers-:. Now there is, and I just -pant to express this and this is the only thing I have and then after tht other t-•,emb cs of the Commission are ready and you _cake your two points we can go en to the Dinner Key Marina. I think, I say ths with all due respects to you, that in a way you're really shirking your res?ensibi .xty because I think what you should have come back with is "We have looked at these .i i3 in my opin- ion this is #l, this 42 and this is #3, and fu.:tli?i:o:Ge, we disagree with a thirty year ie:.:se and we dieasree with that and we dis?.. ree with that and here is what we tecciCrtr',n, should do". See, in effect what you've done is you've gotten a committee and you've really kind of beat around the bush a little bit and yeu sa' this and that but you don't really come to any conclu- sion and then you expect us to in an hour and fifteen minutes eome to a conclu- sion when we haven't spent nearly the time that your staff has and you see we're getting into thi3 question of.. You know that the Commission in the past, Father, I want you to hear this because the Commission in the past has gone against the Manager's recommendations on certain things and that, of course, is discouraging to the Manager and I understand his position. But on the other hand that lets the burden on us but I think that the Manage: has the responsi- bility of elyi.ne this is the best proposal and this is how management feels about it and then tie burden falls on us. I don't want - listen I've got a thick hide and ee gets thicker every day or at least once a week when the Herald writes ;.here editorials, it gets thicker and thicker and it doesn't affect me a bit and I can stand up under the heat and the flack •and I'm perfectly willing to vote against eoe if I have to and let them balst me. That's all right but I would much prefer in all these things to have the administration's specific recommendation on these proposals. Mrs. Gordon: May I ask a question for clarification, Mr. Mayor? Mt. Grassie: Would it serve your purpose, Commissioner, if I tried to answer before I lose .t_ack of some of the questions that have already been asked? Mrs. Gordon: You cen answer this one too if you can. The question is there seems to be some deviation in what the amount of taxes would be, do you have a figure, Mr. Grassie, that we can utilize for our purposes of trying to com- pare the variets of income pledges that are being offered? Mr. Grassie: Within the uncertainties that Mr. Fosroen indicated to you since we cannot guess which aeeessir4g technique the County Assessor is going to use I would suggest that you use $100,000 which is simply a :eflectian of our esti- Matio, of current market value based on construction cost with a very quick calculation of depreciation since then. But as a working figure I would sug- gsae . 100, o03. Mrs. Gordon; 70e second question that is also important for us in our analysis, u short one, is to determine what would be the minimum acceptable lease term to each :›1 fhe rpp7 icants, time, terra of lease, the minimum acceptable to tieM? ce cos 0 0 1010 Mayor Pettet All tight, well ].et'a write that down and we'll ask the eaoh ihdividualiy. All right, Mt Grassie, go ahead and answer... Mr. Grassier 1 would suggest to you that that would be entirely dependent upon the requirements you bake of them for investment. The less you 'Hake than invest the less term they would require of you so that if they do not have to invest much money, let's assume that you don't require more than a $100,000 investment, you very well could end up with a five year lease. Mks. Gordon: We'll get to that then. Mayor Ferre: (INAUDIBLE) Mr. Grassie: Well, in response to the Mayor's comment, Mr. Mayor, we would be very happy to give you written recommendations on this or any other question. Mayor Ferre: You always have in the past. Mr. Grassie: Yes, and we live in a difficult world. We are trying to find a way of presenting these problems to you which are complex problems which allow you to perform the function that you wish to perform and also to give you as much back up and as much assistance as you want to have. Now we sometimes find the balance better than at other times. That's what we're attempting to do. Now, we've gone through a citizens' process, we're going through a pub- lic hearing process, I will anticipate that you will have comments not only from your committee but also probably from citizens. If after all of that is done and after you have had a chance to express yourself you would like for us to go back and bring you a written evaluation we will be delighted to do that. There is no problem in doing that. .... Commissioner Plummer's questions have been so long ago that you're going to have to repeat them, Commissioner. Mr. Plummer: No way. Mayor Ferre: Are there any other comments? You said you had two comments, what's your second consent? Mr. Grassie: Well, I wanted to respond to something that Commissioner Plummer had brought up... Well, only two things on that: (1) You know with some re- spect shown for the members of the committee you know we chose members who weren't patsies. We chose people for that committee who have very much an opin- ion of their own and when you put somebody like Ike on a committee you know that you're not going to have somebody who is going to agree with everything that you think ahead of time and they're not going to let themselves be led, and that is true of all three members of the committee. I think we have to recognize that, you know that from the presentations they've made to you. But further than that you know Ike learned about the financial information, I learned that we had a problem at about 5:30 last night. I still don't know what the problem was in any kind of detail, why we had it. My assumption is that the embarrassment that nobody is really talking about is that the records were not good enough to present a good picture. Now if I had to guess that's the prob- lem and nobody wants to say it but I'll say it. Mr. Iaconis: That's a pretty good guess. Mr. Grassie: Now you know, but I don't think that the committee was led nor do I think that... Mayor Ferre: Mr. Grassie, we're going to take a break in a moment but I see that one of the members of the committee has his hand up and I certainly would like to recognize him. mr. William G. Sawyer: My name is William G. Sawyer, I served on the Proposal Review Committee. I don't know if I can help the situation any but I would like to make the statement if you think you're having a tough time assessing and getting this believe me we had just or probably much more so a difficult time assessing because there was such a variety of information, so many different approaches, so many, there were variations in background. What it came down to essentially from my point of view, now the other members of the committee can answer for themselves but from my point of view it had to boil down to what were the qualifications of these people who were making these proposals, grist was their background, were they qualified to perform to the extent of It11= 2 ? 97B 011tit hn in n MaxiMiring the retuth to the City,. *let also were their financial civalifioaa tions. Now there were a lot of other things that we :eked about and that vete in the proposals: to my opinion,a lot of these things certainly have to be specified but there are a lot that heed to be negotiated when it crates dowt to the matter of letting a contract and it would have to be established in fidgets, iations with staff. Now as far as the one that had been mentioned as to the 150 guaranteed and the 31, this as it turns out was one of the highest offers made to the City and we recommended, one of the major factors was that in our recommendation. Again, please understand we did not pick number one. It Would be very difficult to do and we thought that the three major ones had enough information we thought you would hear because there certainly is room for choice. Thank you. Mr. Iaconis: Excuse me, sir, I would like to make one comment, please, if I may. Mr. Plummer made a comment concerning the.... Mayor Ferre: We have two Commissioners who are about to break and don't think you want an accident to happen up here. Mr. Iaconis: Ok, all I wish to say is that I wished to save this to the end but I'll say it now in that no way did Mr. Grassie or his staff influence us in our deliberations. Mayor Ferre: I'm sure that's the case. Mr. Iaconis: There was excellent cooperation and communication between the members of the City staff and I'll address those later in our discussion but ow there was no control or no inflexibility. We had what we asked for, we did what we asked for and Mr. Grassie did not attempt to tell us in any way what to do. Mayor Ferre: All right, Father. Rev. Gibson: Sir, you said something that quickened my imagination. You said that in our selection if one company should get one location make sure that the same company does not get the other, that it is shifted around. Is that what you said? Mr. Iaconis: Yes, sir. And I said that what should happen is that you should listen to Dinner Key's proposals and have the Dinner Key, assuming you pick one for Dinner Key, pick the Dinner Key operation first.... Mayor Ferre: Thank you very much, we're going to take a five minute break and we'll start with Dinner Key in a moment. Thereupon the City Commission took a brief recess and reconvened with all members of the Commission present. Mayor Ferre: ...Mr. Grassie, who is the first presentation? All right, Bis- cayne Recreation will make the first presentation. Mr. Walker. Mr. Paul Walker: Mr. Mayor, we have a booklet we'd like to present to the City Commission. Mayor Ferre: Do you have any extras? Maybe some members of the public might want to at least look at? A11 right, now Mr. Clerk, these are half hour presentations, if you'd put the clock on. Mr. Walker: Biscayne Recreation Development Company was founded for the express purpose.... Mr. Plummer: Excuse me, Paul, I'm sorry to continuously interrupt you. Mr. Grassie, you presented us a comparative sheet on Miamarina, do we have one on Dinner Key? Mr. Fosmoen: We distributed it to you at your last meeting, if you wish we'll run additional copies. yr. Plummer: Is it contained in this? yr. Fosmoen: No, we'll get you a sheet in a few minutes, Commissioner. $r. Plummer: Go ahead while they're getting it, Paul, JUN 2 21978 mr. mailer" I'm sorry, I'm having More trouble With microphonese Anyway, the company hired the firm of Crowder Mahoney to make at exatination of the facilities as they presently exist and detern.the the cost of renovation, repair and expansion. At the Same time the firm of ftenderson and Rosenberg were Oa, ployed as land planners. You Will see the results of their land planning right up front. Mr. Tony Rodgiruez who passed out the booklets is an A.I.A. architect and he is in charge of designing the new facility that you see there, the Dock., Master's Office. This survey was ordered by the company to determine the most efficient use of the present and potential areas for the creation of a prime marina to service the community and its guests. Surveys were made by boat, air and on -site inspection to insure a comprehensive plan and design for a new facil- ity. Our engineers have determined that the present electrical power system is in poor repair and totally inadequate for the load requirement of a full service facility. Consequently, we recommend and propose for all practical purposes to replace the entire electrical system. In addition, we propose to install new lighting for the perimeter and for piers using a modern soft globe. While we recognize that all piers are in need of repairs and restoration it has been con- cluded that piers one and two are the most depreciated and the ones most in need of repair. Our plans you will see are quite intensive and somewhat imaginative and the repairs on Pier 1 may have to wait if we're able to proceed on the basis that we're planning but we do plan to rebuild Pier 2 and then at two year inter- vals to replace Pier 3, 4 and 5. The present seawalls as well call for exten- sive repair and replacement, much replacement. Most of the pilings require the same attention. The company has also designed and provides for in its proposal decorative covers and walkways that you see in the Rosenberg plan below. In order to surrcund the docks with an attractive and presentable decor the company proposes to plant an abundance of trees and foliage adjacent to the walkway that we plan for the perimeter. The Dock Master's Office you'll see in the picture below we've planned to expand to provide modern and comfortable shower and toi- let facilities. In addition, this structure will go up another story to house other conveniences but this will continue, the second floor will continue to be the Dock Master's Office. In addition a weather information and chart room will also be estaL•lished here for the tenant's use. The structure will be designed to compliment the nautical atmosphere and proper landscaping will be added to enhance the overall appearance. The Seminole area offers an excellent site for facilities and functions peculiar to the boating industry. At present, it is a disgrace. As an entry -way to Dinner Key it leaves very much to be desired. We plan to reccnstruct or construct a new facility on this site. The first floor will be the bait, tackle, beer sales and like, on the second story will be a fast food restaurant. The Biscayne Development Company proposes to add an additional 140 slips to the existing, to this facility in its first stage. I'd like to point this out. Phase I has two parts. The first part is remodeling and updating the present facilities, new electrical, new water facilities. Phase I has the second part the construction of this new dock and several other new docks on the south side of the facility. This will bring to a total 510 wet slips. The next part of our proposal calls for Phase II which is the build- ing of a causeway where presently Dock 01 is situated with step down docks off the causeway and then 400 boat slips on the spoil bank that is called Mole III. Eventually we call for the construction of further slips again an extension of Mole III development and the building of a total of BOQ slips on this mole. Now we have investigated the environmental requirements and restrictions and Mr. Crowder will speak about that in a moment. In addition, when we finish Phase II and III which is the addition of the 800 additional slips that we're talking about we are planning to have a mooring area of some 225 boats right in the part on the exhibit marked "Mooring Basin". To further let you under- stand better how that facility will be constructed I'm showing an aerial down here of the present inland and how this follows the contour of Mole III. It is anticipated that the permits for Phase II and Phase III will take as long as two years to secure. Phase IV has a tremendous potential for development which is another phase but 'e have not had very much encouragement from the environraent.al people or the Army Corps of Engineers and for that reason we're not going to talk about this part. We have had encouragement about everything else. The entire study actually in spite of what I've read in the newspaper was based on the 1972 Dinner Key Master Plan because a number of things have been done that have changed the configuration. It is no longer possible to fol- low the aster Plan the way it trees conceived. They had tell,c i about cutting out Pier 5, they had cut oft ht,.lf the parking lot in the perking lot right over here, they had tlirlinatta tht auditoriu . DO the number of things that. they had planned that have not melt abut. they also did not inviaion increasing of the size of South Dayshore but this study is based on going oft store to the islands which was the major thrust of the 1972 Hester Plan. We know that the bayfront at Dinner Rey has the potential of being one of the most interesting and exciting centers of activity in the coeneey not just the city and broadehing its use ih acquatic teteee can do ._eeohe hut ^nance its character, Our company would pro, pose to establish an rsc'viscry board composed of a member of the City staff, a representative cf the Coconut Grove business community, a representative of the boaters and other interes';ed people so that we would make sure that the enviroh- tent of the area would retain it nautical `h �- •' d -� : ` .' " `. character.We see a huge expense here. The Biscayne Pecyeazion Development projects up through Phase III will cost in excess of <"'-or ;O)O. Toe first part, Phase 114 will cost as much as $2,000,000 but tie do have par here that will be 100% funded by private funds and the returns the City of :,i rni from the first day would be a guarantee, the minim,a of which is $150,000 a veer. This is different from some of the other plans that d o::' e p'e otiose pey anything to the City the first year or the second year. Thie eiee . J 1.D(A marine oriented, no land -side development that has been ?lan :'e: ... .1, noe eno c3eeept replacement of the new Seminole, the old Seminc.'.e bel .ct;.n . uped,eeiee ehe Dockmaster's Office and building a gazebo. All our propoi;, from lie Oicemen., have been 100% within the boundaries desig- nated as the :arse. to be :eased end leased by the City of Miami in its lease pro- posal specific,Itions t-::....h are ._:,cledec in this book. ... Our plans as I men- tioned call foe eepeecemeee ef each cr2 _he five piers within a 12 year period. Our proposals are cemeleee, .. believe yo'.:' ..1 find in the summary that we have answered all of el..e tine t:.one, eetes, what we're going to build, how we're going to build, .i-ineeeeel , tr.::cesiee, tobeieeehing else and we have complied 100% with the directives Lisa'_. tne .... e .-. eeo .?ee its bid proposal. We did not try to change the rules aryWeeee ..wc ::<: a . __..};.e. :;ow I'd like to call on Mr. Windy Crowder to fill you en on seee ci L11L _ens. Mr. A. .7. CrG;;rde : :.'i:an'i. you r= would specifically like to address myself to the envidoneentel or eheco: o; a l asi:ects of the plan, recognizing that any type of work eciee :a ma:::.hc: environment is going to first of all involve quite a bit ef tee es sc*:<<_ eco'_<7•:•;'. It 'tires oer objective that nothing would be violated car .=, :::r. .::i1 way, shape, forni or fashion. I met with the Depe t::eee ef esieeoei Seeeueces and the Department of Environmental Regulation and ;: e;.<.: :.. . ielea;ee and discussed in principle generally what our projected eieee o : ehe proposals for Dinner Key Marina. You have to recognize that nch<< ::.:ra can be given by any department until you have a final plan and an a plication su: itted for approval, the best they can do is give you their semis, s or; what has happened in the past and subsequent to the meeting with DZRie and ;Nk we z<'wso met with the United States Army Corps of Engin- eers in Jacksonvill th:Is cf:: ce being the one that does have the jurisdiction over final apprc' i insofar as the Corps of Engineers. They are the final per- mitting process; t:;at wi22 be requieed, we will need permits locally from the City and the County, we' J. i need permits from the Department of Environmental Regulation and .ena< e;;ene end also from the Corps of Engineers from the Jackson- ville Office. Ire co no: feel that the proposal as submitted here will encounter any substantial resistance. We knew that we have followed to date the general guidelines of the Acquat .c Preserve Act of 1974, we know we have followed the rules and guidelines of the ::egL-':. *gory agencies, DER, DNR and of the local en- vironmental agencies. We've :. i a to follow the plan as Paul had mentioned be- fore in the eoir _e end "e .eping in ... _> guidelines of the 1972 Master Plan and in the Master Plan this s a sm .il cc,-.z and I don't know if you can discern it, but you'll notic that t'h,,!re are two shades of blue that run around the various moles here. The da::ker blue closel. in this way is recognized as what they call, and I will read ::note, it, "The Impoverished Marine Ecology". Our marine consult- ant, our ecologiesl or: the project is Dr. Howard Peas at the Univer- sity of Miami :.grins o:LLc;;v olessor and he has stated that these impoverished areas in here _ e o e .eee ._a o._ a lower order. This is not to say that it is not a marine hebetee, ehae it is not a marine environment but it is on a lower order. Also .':L: .fact that ,_,o. .ray _.&ve turtiegrass in any given place doesn't necessarily mean «L.._ i. ;:,a an acquatic habitate. In fact, you will find that t .: the habitats probably are closer to being around the pilings,: t:-: _tic : where they have places to hide rather than get into the marine ae e eeeee eee : eeeding purposes. So we feel that the plan that we have preeeee this lower impoverished area, to use the words of the ;qa,. _ .. _._. -: c'i: » _:.iens with DER we see no problem with them as lc:.0 r , e :c,: lcm their e eldelines Thief': we will. We would ask for no v3274:6-T.cc.S _ _ ' , _::e _'.)ginz:e,s were a little bit more enthus- iastic in their e: at ae'i� .i. ty openly stated this is the type of project that they like to 61c- d project that is an expansion and an improvement of an 4.. .51:i1. , mac :, r. a;.con _t :.is not one of a . w� :.pe.r az�s, It brand new note e c'es - geese an u.ideve2 ope d area which. simply opens the door to prebleee a: eeee eeeeeending neighbors there but .many other problems that t!T .... W . t ::: c .v'.onnar_t we feel very strongly that we have followed .,he : ��� r . decracira the waters, the bay • • bottom, any port..i+.: r t,urs-athe final answer comes from the Permit. We are going to ask for permits Ilk MEP maw R▪ im MBPW • .4. Mk twa withii the existing guidelihes acid perhaps 2rJr, bubbih Might go a little bit more into the probability or the actual raMificatiots of the Accuatic Preserve Act, Mr. Murray Dubbin: Thank you, Windy, Mr. Mayor and members of the CoMMiseien, t practice law and My Contribution to this consortium has been basically the fact that I'in an attorney, t specialize in Environmental Law and Administrative Law and that's a designated specialty under the Florida Bar Designation Program, When you talk about building marinas, when you talk about building piers or docks when you talk about development of any kind almost anywhere in the State of Flor- ida particularly in Biscayne Bay which is the subject of the Biscayne Bay Acquatic Preserve Act the first question you ask yourself is can you do it, is the power there to have it done. And in all instances it has been my conclusion and my advice to the group that I represent of which T'm a part of that as a matter of law the work that is proposed as part of the second phase and third phase is work that is feasible and is permissible work. That means this: You who have been engaged somewhat in the building business know that there is almost nothing you can do without getting a permit from one of several agencies and, of course, when you're talking about the development of water areas in Florida you're talk- ing about a multitude of agencies. Of course, you have your own Department of Environmental Resources Management which is a county agency and is delegated with the power of the Department of Environmental Regulation for water quality concern from the State of Florida. Then you have the Department of Environmental Regulation. Then you have the Department of Natural Resources, the Department of Natural Resources sitting as the trustees of the Internal Improvement Fund is also the manager of the Biscayne Bay Acquatic Preserve Act in Biscayne Bay and you have the Corps of Engineers. Everything that is proposed is within the authority permissible by permitting agencies. In other words there is nothing proposed that is prohibited and the experience I've had with the knowledge that we have of the sub -surface and the land underlying the proposed lease land which is through our information sterile land, not necessarily capable of producing anything, we're convinced that these permits are feasible and practical and that we can deliver what we propose. There are other questions of law that have been raised, there are spectors that have been raised. The question has been raised, for example, and I'm not sure how it has been raised, I think it may have been just drifted around, that the submerged land was the subject of a grant from the State of Florida, the Department of the Trustees and that it contains a restric- tion and a reverter clause. There is such a deed and the deed does contain a restriction. The opinion of the City Attorney that he gave you in December of 1977 is that the lease through otherwise management, turn over of this property so long as it is for public use would not trigger this reverter. I'm here to tell you that I have examined the law and I have prepared a memorandum of law and it is my conclusion that the proposed lease which you advertised, the re- sponse will have absolutely no adverse impact on any reverter provision of any deed. I say it to you that this is my opinion and I'm saying it publicly and I've said it in writing. I've prepared a memo to my clients which can be distri- buted and I think it should be because there is a memo that's probably before you that raises the horrible possibility of triggering a reverter if the land is leased or something like that. I categorically reject that. I would just as soon respond to questions if you have any or else hold further remarks until later if there aren't questions that require a response. Mayor Ferre: All right, thank you. Mr. Plummer: Murray, just for your information when Tibor Hollo was here and he got through all of the washing machine that he had to go through he indicated to this Commission that he had to get the OK and approval of 52 separate agenc- ies before he appeared here for the final approval. Mr. Dubbin: That means the system is being improved. Mr. Plummer: I guess it could be interpreted that way. Mayor Ferre: That's what I like about Murray, he looks at everything on the positive side. Good for you, Murray. All right, Paul? Mr, Walker: Mr. Mayor, that's all we have. Any questions about the exhibit? Mayor Ferre: Well, we'll hold back the questions like ve did the last time until we've heard all three presentations. All right, Z think it would be ad- visable if you would reverse that so that membera of the public can see what it is that we've been looking at for a while and in the meantime would the sec.- ond group step forward. Who is the second group, Mr, Manager? 10 2 1978 84 Mrs Gtaasie: The second group, Mt. Mayor, is Dinner Ktey Marina, /he. Mr. Plummer.: t. Mayor, while they're setting -up, it eras vnderatandit g with you that regardiess t?sat this Commission was going to conclude this -matter at 0:00 O'Clock and continue at a different later time if necessary so that we could hve an hour for either dinner or relaxation before we start our 7:00 O'Clock Meting. Is that still the intent? Mayer Terre: That's correct, yes. it is ten minutes til six, I would hope we would break up at 6100. Obviously that means that we're not going to cane to sty conclusions today with regards to the proposals that have been presented. It is my guess that we will not even come to a conclusion the next time we dis- cuss this. So ... Mr. Plummer: Well, in all fairness, Mr. Mayor, we have two more companies with a half hour each. Also scheduled is the Water Authority. Now if you add that to it you're then putting a minimum I would assume of an hour and a half. Now What is your intent? Mayer Ferre: I think w:: should break up at G:00 so that we can all have an hour to rent and than we'll Start at 7:00 and we'll hear the Water Authority at-7:00. Is that acceptable to the members of the Commission? Mrs. Gordon: We have zoning starting at 7:00, Mr. Mayor. Mayor Ferre: Well, I think that Water Authority will only last half a hour, I don't think it will he any more than that, do you? Mrs. Gordon: I would make a ,suggestion if it is agreeable with all of you that we hear all related items to this Dinner Key and all matters pertaining to the same subject and then we break even if we have to reconvene a little bit later. Mayor Ferre: :!. L.? Mr. Plummier: Maurice, I don't care I'll play by whatever rules are set, my fear is that if we hear ell matters relating to this we're going to be here until 9:00 O'Clock before ee even break. There's no question in my mind that we're going to hear everything to the point of making a decision today. Mayor Ferro: Look, let's be practical, you know that this isn't going to be over by 6:00. So at 6:00 O'Clock we're going to cut off. Mr. Dixon, we'll hear you it 7:00 O'Clcck for half an hour, we'll go into the Zoning Meeting at that time and that's it. If we have to hear more about this it will be at some other date, 'we're not going to come to a decision today anyway. This City government doesn't work that way unfortunately as Murray well knows. All right. Mr. Meredith, I think it iamortant that once we get going on this if you'd turn this around so that the members of the public who want to follow it unless, is that what you're going to show up there? Mr. Spencer Meredith: No, ectually, ir. Mayor, what I'd like to do is that's the last part of the whole presentation. Why don't we take that down now and they. what I'll do is I'll put it up and we'll talk about it. T apologize for tasking so much time in netting up. Mayor Berra: It's all right. Ok. Are we ready to go now? Kr. Meredith: Yes I am, thank you. For the record, I'm Spencer Meredith, Presi- dent of Dinner; Key Maria, Inc. And before I start I'd like to sake an announce- ment to all of yo:.. Wen we responded to the request for proposals put out by the City we Zooke4. at the entire Dinner Key area in addition to just the docks which were of perr..aount concern, the people who keep their boats there, the City and the general public and when we studied that we explored a variety of possi- bilities and we thought of marinas that are successful in the general southeast Florida area parties arty Bahia MA: and Pier 66 and we explored how that might be done down here at Dinner Key. Now we included that as part of our proposal to the City and in the time since than x have seat with a niber of people here in the community. 1'v Lived home in the Grove on and off since 1960 and I've Moen living here almost consistently for almost the last siX years and I've found that the spirit of the community here was not ' favor of that type of an intensive development, that the proposal that we had made which included a hotel and shopping promenade and major expansion of the parking facilities in addition to a variety of other things was simply too large in its impact en the community, that for many different reasons people were opposed to it. Now it has been a very agonizing period for us because we worked very hard on it and gave it a lot of thought and in some ways it is an exciting concept. On the other hand I personally do not want to be instrumental in trying to force some thing down the throat of this community that it does not want. So I am making an official announcement to the Commission and to the public that we have with- drawn the optional Part B of air proposal which included a hotel, the shopping portion and the parking. So what remains now is the docks, moorings, the islands and I think you'll all find this is very much more in keeping with the spirit that you've expressed to me and I just feel that's the right thing to do. With that let's talk about the docks, let's talk about green affairs. All right? Now first of all, who are we? There is actually the Board of Directors of Dinner Key Marina, we're local people. Bob Carter has lived down here at Dinner Key for I guess roughly twenty years on a boat here and at one time or another has lived on every single one of the piers and knows them very very well and knows many of the boat owners down here. For seven years he was President of Richard Bertram Yachts which is the largest yacht brokerage company in the world. They operate a wet storage marina repair services and many other ancillary operations in connection with that. He has a life long career in the marina business, he is now in the marina business. Homer Marlow is an attorney here in town, he has lived here for better than 25 years owning a boat for almost that entire period. He is the principal in two boat brokerage businesses and he is also principal in a company which manufactures a very high quality outstanding boat called the Rampone, a very successful boat. He is very much committed to the water. He is also in the marina business at this time. Rick Vell is a Vice -President with Drexel, Burnham, Lambert in one of the ten largest investment banking houses in the United States. He has been my partner for the last eight years in a variety of marine related businesses. I think many of you know me as President of Grove Key Marinas which if you recall five years ago was quite a different facility than it is now and if you would like to think of what our attitude toward the public would be in the future I would suggest that you talk to our present cus- tomers, talk to our employees, go over and see what's happened at Grove Key Mar- ina itself. We are pleased to stand on that as a record. I think the City in its records and its annual audit of our operations and the continuous inspections that they give us over there are satisfied and we'll stand on that basis. Now with that a comment on a couple of other things. We have some other stock holders who are professional in a variety of other ways, some of whom are in the invest- ment business, some of them in other businesses but they're all very much com- mitted to the success of this project. They are basically the same group that helped to make Grove Key a success. In addition to that we have had since prior to the time the bid was submitted an ad hoc committee of local citizens who have consistently taken an active interest in the community and have given us input as to what various ideas might or might not be included, what would be of inter- est to the community. So we're basically organized in that way. Now with that in mind I'd like to go through some slides. (Slide Presentation) This is the Dinner Key Master Plan as you all recognize it. It was presented almost exactly six years ago, June of 72. We lived in a different world then. A lot of changes have taken place in the Grove in the last six years and signif- icantly in relation to doing any type of project in the water now, things are a great deal different. The vertical bulk heads that are enclosed around these islands are very very difficult if not impossible to get permits for in our opin- ion. This type of configuration in our opinion would be an impossible thing to get permits for. I base that on a rather lengthy conversation I had with Col. Wisdom who is presently... Mayor Ferre: Mr. Meredith, would you speak closer to the microphone because you're not coming through too strong. Mr. Meredith: I'm sorry, is that better? Mayor Ferre: Yes. Mr, Meredith; I'm not particularly used to this. Prior to submitting the bid to the City we had conversations with Col. Wisdoms who is head of the Army Corps of Engineers and we presented this plan to hiss and ,asked if this were still feasible in the light to today's permit problems and he said it was not in his opinion so I mention that as a point to you, I think that while it is not I ,nag 86 think that there are some comments that I'd like to Make about the Dinner Key Neater Plan and what has endured Prot it, Where have been many deviations frog it ar,d there will probably be several More before history is fiver but there are ,sosie things which have been made Which 1 think are of paramount in+portanee and Which we should all fellow. The first case, it looked at the entire water front of Coconut Grove on the basis of one inter -related contiguous piece of land and Water ee it forced people to look at it that way rather than on a piece -meal basis. secondly it said because it is waterfront and it is the waterfront of Coconut Grove it shout:; Da oriented, it should be marine oriented and the third point that it made which is still valid today is that not everybody owns a boat and there should be some amenities added here which would get the general pub'= Iic down to the waterfront and help them enjoy it. So I think those principals are still as valid today as they were then and I hope they will always continue to be valid. So with that I would like to go through what we really have here at Dinner Key now, Let's look at some slides quickly. These are going to be a series of slides on what is actually out here in Dinner Key right now. Now in looking at these slides they may not be particularly exciting,•I'll go through them very quickly but let's see what we're looking at. First of all we're locking at the end of a dock and there are some pilings there and you can see the barnacles coming up the side of it which is how high the water rises and you'll a pile cap which is the horizontal bar and you'll see some sort of con- crete I -beams above that and you see wood decking above it and that's basically the way all these five piers are constructed. You'll also see a lot of rust and a lot of cracks. That's due to the fact that seepage water has crept into the concrete over the passage of time, gotten to the re -bar inside, it has ex- panded and cracked.and the rust is leaking out and, of course, it materially weakens the structure of the docks. These are examples of Pier 1. The little number tells you the slip number. That's a T-head, another part of the T-head that's the ether end of the dock out there. This is Pier 2. Again, you see the same type of cracking, you can all see the great shape the pilings are in; inside underneath ehe dock, down underneath the dock. Again, this is what is on Pie:- 2. Mayor Ferre: Spence, excuse the interruption again but Delores just mentioned to me, Dan, 1 don't see .c•- en the world we're going to have enough time to let all the people that want to speak, I understand you want to speak, now we're going to have to continue this hearing and the next time around hopefully we'll have all the presenatations behind us and then we'll open it up for the public sector so that members of the public will be able to speak on these different proposals. So I don't want to, you're all welcome to stay but I don't want you to be here under the false feeling that you're going to be able to speak today. We just don't have the time. We've got one hour left, I don't think we're go- ing to be able to accomplish it. I promise you that we will continue this and that we will have another public hearing. It will be properly advertised. As I said before I don't think we're anywhere near making any decisions. Excuse me, go ahead. Mr. Meredith: Thank you, I'm going to try to go through this as quickly as possible. The point in watching this, as I say it may not be the most exciting thing in the world but we do want to establish one point and that is the pres- ent today existing condition of the piers. You just see a lot of rust and cracks. These are all Pier 2, this is what it looks down underneath those thugs. Those are utility lines, water and electrical, telephone. This is Pier 3. You see basically the same problem. We had a very interesting time down underneath those docks taking pictures of the pilings and all of that sort of stuff but I think it was important that you all get a chance to see what really is there. Now the first three piers were put in basically in 1948 and so they're roughly 30 years old. Now the fourth and fifth piers were put in about ten years later, let's see what kind of shape they're in. Not as much rust but you can see the concrete has already started to crack. See, once you get this kind of condition the deterioration has already started in. This is all Pier 4. This is Pier 5. This is the last pier that was put in. Now these last two piers obviously are not in quite as bad shape as the first three. On the other hand the ;act that they have started to crack like this, and you do see rust, weans that they do not have thirty years of life in them, I don't think that any of you here could say that they do. So you've got some very serious problems with some of these pilings here. In fact, in some ways Pier 5 seems to be worse than Pier 4. Now, just to wrap that up, the reason we've done this is we wanted to astrblish a point regarding renovation, repair and replacement and we come out very firmly on the basis that it is not economic- ally feasible, safe, practical or anything to do any alternative other than simply replace the five existing piers. We do that because we're looking at a long term capital improvement program rather than doing it on a piece mneal. basis, These ate just sore ehots on Whet the dock tehtihte have to cope with now, Pitt of tilt this is a significant shot only becaute it Shows that Ohce the first thret piers were built ih 1948 at sort cf laid out angle there really wasn't euoh choice but to do Piers 4 and s on the Mee basis and it left a huge basit between three and four and between four and five. it's not quite enough room to put another dock in but it is an awful lot of room. This is what happens with wood decking in the sun. This is a problem of clutter, I think everyone knows what the problems of the electrical are on the docks, / also know the status of the finger piers. These pictures were taken, most of them were taken at the very very end of February or early March this year, You've got a very seriously deteriorated situation. That's the only point I want to make. This is Seminole, this is going down the row where the commerc- ial shrimp boats are tied up. This is Seminole's from that corner there. This is the little Cul de sac in the corner where the bulkhead makes a job and this is what it looks like from the other angle. That is what is termed "Unsightly Mud Flat", Seminole, the other side of Seminole, another view the dinghy dock at Semieole, the gas docks, people launching their boat, some of the stuff that floats up. These are big storm sewers there which undoubtedly it would be very hard to do much about but they're there and it would be worth studying. This is what happens at low tide, this falls again into the category of an unsightly mud flat. You know one of the things that the City has always been in favor of is getting a walkway along the water and we think that this situation here should be corrected. It's not an absolutely ideal walkway as it stands right now. This is going up in front of Bayfront Peacock Park look- ing at it from the end of the City's property line; looking out toward the south island. This is looking down on that area, it's looking down the Sail- ing Club. This is obviously Bayshore Drive, a very attractive drive. This building we all know, a local work of art, a beautiful building. It is a beautiful harbor. This is what we have, Dinner Key. Now there are some off- shore islands. This is standing to the north island, this is the one directly in front of Kennedy Park, this is looking back at Kennedy Park. This is on the island itself, you can see some like Mangroves starting there. You may notice the clarity of the water in here. This is looking out on the center islands. It is a pretty island, a nice view, a very nice place to sit and relax. Unfortunately, what is happening on the north side of it .is the storm winds in the winter time are gradually deteriorating the island, taking it right back to sea and that's a problem that should be addressed. This is the center island group. This is what is currently taking place in the center islands. These are all contemporary pictures, again looked at from the middle of the harbor there. This is the end of the island. This is that little, we call the Channel Island between the two main channels in the center. It is a long thin island which acts basically as a breakwater for the harbor, little Mangroves started. Those little white spots on the end of the island happen to be birds currently nexting out there, other people nesting. That's turtle grass, clear water. Those are mullet, I don't know whether you can see down through the water but there were a lot of fish out there the day I was out there. This is the south island which is directly in front of the Bayfront Peacock Park. Again a staggeringly attractive view. You know these are as- sets that the City has in the name of the people and they're really very lovely unfortunately there is a lot of litter collecting out there. This is the an- chorage. This is from the south island looking south, you see the boats are quite fax dispersed, they're anchored very far apart. Some of them are fairly elaborate, some of them are even more elaborate, some of them are very creat- ive. That is the end of our slide show. Now we're going to switch over to some more visuals if I can figure out how to work this thing. What I would like to do is drop that screen if we can. Thank you. At any rate I think we all recognize what that is. The two black lines on either side happen to be the property lines for the City of Miami. When they got this bay bottom from the state after the Second World War that's what they got, everything inside those two black lines and they run out about 10,000 feet. When we looked at the area we recognized that and so, therefore, we looked at the islands them- selves and I'll be coming back to this in a little while. This again is a shot of the marina and the main reason to show it to you is that, anyway I wanted to show you what is here now. This is an aerial shot and it shows how the first three piers were put in. It also shows why the second two were put in in SS because they were really forced to be put in in that way because of the location of the first three. !Mere is a tremendous. amount of space between them. Even though they have some useful life left in them, and that could be estimated to he ten or fifteen years we feel that their location where they are really precludes efficient use of the bay bottom and that's why we've recommended taking them out as part of an overall expansion. Now let's get down to west we're proposing' We are proposing removing all five existing xiN 2 7 1978 83 piers and replacing them with seven new piers. Now if you look at the layout here you'll see that they are all nice clean straight piers. There are 527 slips. Currently the City has about 370. Let's start at the left hand side and sort of work our way across. When we proposed to construct these what we would do, we would start at both the left end and the right end. In other words we'd do the two outside piers first and there is actually enough room there so that it is just possible to build the one on the left and the one oh the right and then take the people who are on Pier 1, put them on the one on the left and people who are on Pier 5, let them move to the one on the right. Now, in looking at these, the two piers on the left side do not have T-heads. Those two piers are for non -live aboards. They would have a rate structure which would be 20% less than the others. They would not have finger piers and they would in a way replace or provide space for people who are not now living on their boats. The other five piers would have full facilities for people who want to live on their boats. They would have all the utilities, 110/220, water, telephone, everything that a modern efficient marina would have. As I say, what we did when we laid this thing out as I'll show you in a minute, we worked very carefully with the current balance between size of slips, number of boats in each category that are currently in the marina, we talked to people in the industry, we got a feeling for where the market is liable to go over the next ten years or more and worked out certain percentages. In every single category there are more slips of any given size in this plan than there are at present. There is a total of 527. I'd like to comment basically on the right side there where right now we've got a straight line. As you'll see we've built in that little cul de sac next to Seminole there. Starting at the top and working down there are two sailboat rentals in there, one is castle and the other is Biscayne ad we would recommend strongly that they continue to be in exactly the same location they are right now. I think they serve a very useful and 'make a great contribution to the public. It is a way for people to go sailing without having to buy their own boat and we would strongly urge that they stay where they are. Following that there are some slips for commercial boats, in this case we would suggest a couple of charter boats, we'd like to see some sight-seeing boats similar to the ones they have at Baker's Haulover, hopefully who would take these boats, might take some people down to work in the morning serving coffee and doughnuts and a little Bahamian music, pick them up at five and the rest of the time they would take people around sight-seeing. There are a lot of interesting p_..ces where you can go by water down here. Below that we would suggest that the current shrimp boats and commercial fishing boats which are operating out of there now continue. We propose that they get a salt water well. In the past, they have been using one we have over at Grove Key and I think that would be of some help to them. There are some people that sell fish down there and we recommend that they continue to do that. I think it is a very attractive thing. It is one of the things that the people of Miamarina enjoy a great deal and that sort of thing should be encouraged. Basically we gain more slips along that right bulkhead there so it is a little bit easier to work with. Now this one doesn't make any difference whether you look at it upside down or not. Actually, the reason for showing you this is that we have gone to a great deal of efforts to design the docks themselves. People who worked on these designs are people who are in the business. It was a collaboration between Kunde, Driver, Simpson who have built a number of really outstanding marinas including some they built over in the Bahamas where main- tenance is a major problem. I think that is a key factor as you saw in the slides on the existing piers down here. We tried to design a dock system that would last for forty years. We want something that is going to stand up under hurricanes. We gave a lot cf thought to how the utilities should be handled. There is a little bit of a cross section over there in the corner which shows that the utilities would be up on poles, down underneath the utility lines run through PVC pipe and the whole thing was worked out very carefully. We've gone to a lot of trouble to figure out what the slip width should be, how far the pilings should be, where to place the utility boxes, where the dock boxes should go, where the garbage cans, the fire extinguishers, the life preservers, everything else that goes into it. The reason we were so concerned about it is that I think as has been pointed out at Miamarina that while it is a beauti- ful marina there are certain functional problems that make it difficult for boat owners down there and also for the operator and that's one thing that we don't want to see happen. here. I stress this to you because we're looking at something that's got to Le designed right, it's got to last a long tine. I. want you all to see that we've gone to this work and we're actually ready to go to working dzawings oh it. This is far beyond the talking stage. We have done a lot of preparation in this particular aspect. We're talking about a marina and a marina should work. In addition to the 527 Slips we talked about mooring areas and you'll see some dotted lines out there. Let's start on the south island which is on the right side. currently there are people anchoring out there as we showed you and that area could be much more efficient if it were ordons on a mooring basis. The Sailing Club bee done an outstan ng job of JUN 221978 putting its Moorings in, ' hey' Ve got ptobably 250 in that stall area there. The ones on the outside of the area We're talking about would be Much larger boats. There is another section over the Channel Island in the niddie for mooring areas and there are two sections over on the left side on the inside of the harbor itself. Now we had an occasion some time back to go out in a small boat with two men from the Army Corps of Engineers and one of them front DER which is the Florida State equivalent to the Corps of Engineers and we went around to check on the actual condition of the bay bottom in Dinner Key Harbor and on the outside to see what was feasible. Unfortunately or fortunately de- pending on how you look at it the bay bottom has changed significantly from what it was back in 1972 when the Dinner Key Master Plan was written. There is a lot of Turtle Grass back out there now, the bottom has come alive. We saw a lot of fish, there is a lot of small life going on and as a result the two areas that we've shown on the inside for mooring areas would have to be reduced because there simply is not enough depth of water in those particular areas to put in moorings as tight as we have invisioned it. So we would have to put them outside. The total moorings that would be involved would be 375, In addition to that we proposed on that center island which is the island right in the middle there, there is a dotted line that runs out like a loop, there is a sand bar out there and we propose putting in an underwater diving park in that particular area. It's a clean hard sandy bottom and there's some nice Turtle Grass out there and we could put some coquina rock down and maybe move some sea fans around and I think in a couple of years that would be a place where people could come and do some skin diving - no spearing or anything like that, no fishing but just a visual. The other thing that the islands themselves, and I want to comment on that in terms of what we propose for them, we propose that the one on the north end be made into a park, the one on the south end be made into a park and the two in the center be set aside for a wild life and bird sanctuary, just totally set back to nature. The reason we do that is that the ones on the north and south ends can be made accessible with bridges to existing parks whereas the ones in the middle can only be reached by boat so it is a little easier to keep people off them. In this manner I think these islands could be set aside for many many many years in the future if not for- ever. They are a major part of the view of the waterfront here in Coconut Grove and I think it is important that that be done with them. We talked about getting bridges in, I got a letter from the Coast Guard on that and they said that we could put small bridges in to each of the islands, one on the north and one on the south end, they were not optimistic about putting one over to the middle. Mayor Ferre: Spence, your half hour is now up. Mr. Meredith: I've had it? I'm barely into it, what shall I do? Shall I rip through this? Can you give me a few minutes more? Mayor Ferre: Well, I'll give you the same courtesy I gave that other gentleman if you'd wind it up very quickly now. Mr. Meredith: I'm sorry, I wasn't watching the clock. I'll tell you what I'm going to do, I'm going to skip that part of it because in the remaining time let's just get onto it. But what we propose in addition to that basically optional thing, the key parts of the program had to do with the docks, moorings and we also suggested that the off -shore islands be used as parks. There are a number of people who have existing leases down here who are interested in making improvements to their property. Gove Key, for example, would be inter- ested in financing on its own basis additional improvements to the hangers so they'd be more attractive and carry more boats inside. Merrill Stevens is interested in doing major improvements to its property and would like the opportunity to talk to the City about it. I think the things that probably you're concerned about are how fast could we move on it, the point I tried to show you is that we've gone to a lot of trouble, I think we're in a position where we can move very very quickly. We've done our homework, we're ready to go. Now, how are we going to finance it? We're going to finance it, we pro- pose financing the public facilities which are docks and moorings and parks with a revenue bond. R revenue bond does not in any way involve the credit of the City. It does not involve that. It is a revenue bond which is financed solely by the proceeds of the project itself - entirely. I want to restate that so there is no confusion. A revenue bond does not involve the full faith and credit of the City. It is not a taxpayer obligation it is the project itself. We proposed a management contract because I think Mr. Dubbin is right that probably the revisionary clause in the title would hold up in court, on the other hand it is liable to invite litigation so we would rather avoid litigation and so we just believe that a management contract is a cleaner and 1978 4) 0V simpler way to go on it: Mow in tertls of revenues to the City I think the best thing is to look at the chart that is over there. The first thing is you've got some old piers right now and we propose that during the initial Stage that we operate these piers for the City, the rate structure remain the same, people who have old piers should not pay More than old rates. 3 think that is only fair. That t think is a matter of great concern to these. t think when new piers go in new rate structures apply to them. We're talking about financing this thing, the elements for revenue bonds for the docks, the Moorings and there is enough money in the revenue bonds to do some of the off- shore islands there, that center island, set those aside. Private capital would be used for Seminole, private capital would be used for any improvements to Grove Key, any improvements to Merrill Stevens would also be private capi- tal. We suggested, and this is not something that anyone can guarantee but it is something we would be happy to work with you, but there are federal pro- grams which might make possible funds to make parts out of those north and south islands. We would also want to explore the possibility of including same of that in a revenue bond. In terms of the revenue we have offered the Cit,7 $180,000 minimum annual guarantee or 25% of income available for distri- bution. I would like to explain that. Once the piers are completed you basic- ally get revenue from the piers. Subtract bond service, debt service, insur- ance which is a very minimal amount, I've gotten some quotes on that, and taxes, ad valorem taxes if any. We don't think that there will be any applied, if there were this is a reserve for them. That then becomes income available income available for distribution. The City would get 25% of it which would average out to between 17 and 19% of gross, to try to translate that back into it. As an alternative, and we put this in strictly so that it was an assurance we said 50% of net pre-tax profit. We don't recommend that because I don't think anyone wants to enter into a net lease but we've included it here. On the Seminole, we talk $12,000 minimum annual guarantee or 6% of gross revenues and our suggestion there was a seafood shack and improve the boat ramps. I thi:.k that's the bones of it, I'm sorry. I would have liked to have spent more time on this because I think there are some interesting aspects on it. In our proposal you'll find the background. Mayor Ferre: Well, as •.'e het into the question period you might have that opportunity so we'll see. Thank you very much, Mr. Meredith. Now we go into the next group, Mr. Grassie? Mr. Grassier The last group is the Ecclestone Management Company, Mr. Mayor. Nir. Robert Norris: Let me run through this as quickly as I can because I know everybody is ready to leave. First, the proposal, the plan we submitted to the City of Miami. We plan to rebuild in systematic order the entire struc- ture of the docks. This will be shown to you in just a few minutes. This means total destruction of the existing docks but I want to emphasize it means by a system, not walking in and tearing down the docks all at once. The rea- son that we feel they should be totally redone is the proper design not only of the docks but the areas between for maneuvering. Secondly we plan to re- model and add to the present Dockmaster's facility including sufficient rest - rooms and showers to serve the entire marina there. Third, we plan to con- struct a new structure on the Seminole landing site to handle a convenience type store, a snack bar and some retail space. Also, new lodging piers will be installed and we'll renovate the waterfront and parking areas in the Sem- inole area. We plan to construct a pedestrian bridge to the south mole island and create a clean picnic and playground area. We would clean up the other sale islands but do not plan to improve them as of this date because we feel it as impractical due to the permitting. We feel the plan that we propose, a basic plan, can be easily adapted to any future land -side development. We will speak of our development later on in this discussion. Now I'd like to turn to economics. We have projected to you that we will spend $3,000,000 for the above improvements. Primarily this will be money spent on the docks. Mayor ?errs: Did you say $3,000,000? Mr. Norris: res. sir. Mayer Perm: Total? a , Norris: I believe that is what our projection states on there. Primar- ily this will be spent on the docks. This will be spent also in the areas of the Dockmaster's Office and the Seminole area. There are other things that we will do such as have been mentioned in our proposals such as 0000 iandsca in , such As some paths, such as the improvement to the south. mole 91 J : `'21978 island. We feel that out plah is baaic cost effective plan. It is impossible for us to sit here and tell you that We will not have increases in fees. We projected our fees ea We told you in the MiaMariha We would hold our fees to a period of two years. We'll work but we feel like that is something that is to be negotiated. We hope that we have a plan that will beat serve the pocket book of the boater. We hope to present a good project aimed at having the best basic facility while not out of financial reach of the users. As to fin- ancial, Ecclestone Management we feel, we've represented has the financial stability to construct the entire project. We have approached a local mort- gage banking firm, Southeast Mortgage. We have had replies from them that they feel that it is very very possible they could secure first mortgage funds. We realize these will be subordinated, they will be subordinated funds. They will be subject to the lease. The remaining portion of the funds will be put up by Ecclestone Management or E. Lloyd Ecclestone. As we've told you before we do have experience in management of marinas such as the Old Port Cove Mar- ina and we feel that we will be able to present a good professional management picture but we too would like to think that.our management staff and our work staff is going to come out of the Miami area not out of the West Palm Beach area as has been implied to us. As to our plan, I would like Luis Ajamil of Post, Buckley, Schuh and Jernigan to explain basically what our plan is. Post Buckley is well known in the area as I believe the largest engineering firm in the area. They have done many many projects that we viewed when we started working with them in the Biscayne area regarding marinas that you all know of. They are doing a lot of work for us in a new project called the PGA Project up north. So at this time, Luis, would you want... Mr. Luis Ajamil: Thank you. Mr. Mayor, councilmen and councilwoman, my name is Luis Ajamil. I'm with Post Buckley, Schuh and Jernigan. We're consulting engineers and we have been involved for many years in working with marinas specifically here. For example, you've been looking at many pictures of the Miami Beach Marina. We designed the Miami Beach Marina which is the largest marina that is going to be in operation in Florida - Ocean Reef Marina. So we have beer. involved in the business and we are definitely into our ears in the permitting end, the environmental end. What I'm going to present to you today very briefly is the concept. It is a planned concept which was based on the criteria that the City gave us in their request for proposals. it is a concept that we explored to its utmost and that we have developed within three criterias that we think are critical for the development of Dinner Key Marina and they are (1) the recognition of the Dinner Key boating community that exists there, (2) development of a plan that compliments Coconut Grove, a unique community here in Dade County and (3) the optimum usage of your natural resources in the area so that you do not expose your- self to a plan that will not be able to be permitted. Right now we're doing large amounts of work for the Port. We're analyzing the entire area of the bay right here for the port and their future expansion and we are out there on the company boat and at the DER's and regulatory agencies' office every day so we have a good feel for what these agencies want, what these agencies are looking for and what is realistic or what is not realistic and I hope and I know that this plan reflects a practical approach to these objectives. Basically as you can see here it is a very simple plan. It looks very much like the plan presented by Grove Key people. It is a plan where we're util- izing the existing space that exists in the marina. We are not expanding outside of the existing barrier islands. We want to use the space to its utmost. There is a lot of space that is being wasted for the channels lead- ing up to the piers right now and that space could be developed into increas- ing the number of slips of the marina up to 520 from the existing three hun- dred and something so it is quite an increase. As you know and as you have been looking for the last half hour the marina itself is in a very deterio- rated condition. We feel very strongly that the way to go is to right now go in and replace all of the docks at one time and not have the continuous maintenance problems which would be more costly to everyone concerned. As I said, one of the key elements is how does this marina fit within the Coco- nut Grove community. Our simple plan does not call for any high-rise con- struction. We want to maintain just the existing structures and upgrade the Dockmaster's building and at the same time we want to continue what the Co- conut Grove area is known for, the recreation and its love for the water, it's association of time land and water. For that purpose we feel that bring- ing in a bike path, board walks up through the marina where you would have another experience as you go through there would be very helpful. The Con- atruction of a pedestrian bridge to use some of the outward islands as has been mentioned before and was mentioned in the Master Plan we think is very hea3.thful specifically on this southern island. The northern island is eo Close that people can actually wade or take a canoe out to there and it 191 32 offers a different experience. The too gutter islands right now offer the hurricane protection for the entire basin and to try to intoVe those or to work with them not only would be very environmentally damaging it would create a great impact but it might if they're not done right you might create a prob- leixt in terms of hurricane prevention of damage to the marina area. Finally, the last approach is the approach of practicality. We're trying to use the existing space as efficiently as possible trying to build a maximum number of piers and slips within the space and within the construction allowable. This will reflect in the final rates that are charged for the marina and which would only turn to be beneficial to the boaters within the Dinner Key cormuny ity. So basically our plan is a practical approach. We tried to reach the three key items. We want•to have a plan that compliments the environment of the area, that compliments the Coconut Grove community and that compliments the needs of the boating community within the marina itself. •Thank you. Hr. Norris: If we might, we would like to show a few slides, about ten. This is a project that we have in North Palm Beach called Old Port Cove which is a marina and office/condominium development. ... The only parting thing Z have to say is regarding our proposal had a future plan. It was a plan of suggestion, it was not a plan that was to fit into our bid and we would like to make that very clear. We would like to think we are capable financially, we think we are capable management -wise, if it came down to where we had to be capable of renting a slide projector we'd be shot. We thank you very much. Mayor Fevre: All right, now do we still have our committee with us? Ike, where did you go? Is Mr. Iaconis still here? I assume we sill still follow the same format we did this morning. Anybody have any objections to that? The Chairman of the Manager's Committee.... You didn't think you would come up to bat tonight, did you? 93 11S$i etet 1A�/t Mr. E.P. Iaconis: I figured it would take a few more minutes. I beg your pardon. I was standing by in the wings. We had our preamble in terms of the Committee so I will just go on to the Dinner Key items. There were three groups, and we have the pros and cons from each group. The major criteria that we used as an overall guide .o have the groups that we present to you, were the following: did the groups comply with the requests for proposals, what was the return to the City, what was the experience of these people as regard to the marinas, their financial qualifications, how would they handle the reverter clause,where the baybottom would revert to the State if private interest were to take over the marina, what would the ad valorem tax situation be, and how would they handle that, the question of permitting, based on the extensive changes, renovations, restoration of the baybottom in and around the mole islands, and other areas, the turtle grass in the shallow areas for moorings as some one has mentioned, was the proposal in the public interest,...are they marine -waterfront - recreation oriented and did they follow the master plan? /"-- These were all items that were outlined in the request for proposal that were specifically in some way to be related. Biscayne Recreation, in terms of their pros, have the largest number of slips which they are presenting to the City that they would provide, 1300 some odd slips. Assuming that they can do this, this represents the beat proposal in terms of the public interest in having a large number of slips available for the marine -recreation -oriented public. They mentioned an advisory board, a bulletin that would be produced, a chart house and weather station to help the marine -oriented citizens,...these are all considered by the Committee to be excellent suggestions. Their guarantee of $150,000. minimum in the first two years, was the best of the three. We will address the question as to whether or not this represents a significant amount of revenue for the city in a few minutes. In terms of the negative factors,.... Mayor Ferre: Mr. Mananger could we get somebody,...to get our background to drop a little bit here? Mr. Grassie: We will have someone go out right now ,Mr. Mayor. Mr. E.P. Iaconis: In terms of the negatives, the 40-year lease for Biscayne Recreation was considered lengthy in comparison to the others. The minimum guarantee in our estimation was too low, even though it was the best guarantee. We will discuss that in a moment. As a matter of fact, I will discuss it right now. In the 1976-77 fiscal year, the excess of revenue over expense available for use in renovation of dock facilities, as discussed in the Chapter 50 ordinance, was over 100 thousand dollars. This is from the period of October 1, 1976 through September 30, 1977. Let me remind you, that the ordinance went into effect in April of 77, so we had a six-month period under the rates from 1969,...we had a six-month period with the rates under the new ordinance, and the excess of revenue over expense. In other words, if you were a private enterprise, your net profit would be $100,000. Now we have an eight -month period under the new ordinance plus an increase as of January I, 1978 of an additional 5%, following the formula of Chapter 50 ordinance, and over the eight -months period projected for 12 months, will give the city, and the marina, in terms of renovation, a projection of $183,150.00. That will be a total of some 283 thousand,....almost 300 thousand dollars in a year and half under the new ordinance,. which says that the marina itself, which we have expressed all along, was self-sustaining even before the ordinance, is now going to have as of October 1,1978 almost $300,000. on its own, for use in renovations. Therefore the 150 thousand minimum guarantee, which is the best, really, in our estimation, looking at it from a very grand point of view, and not from a gross analysis, and financial plan point of view, indicates 94 .111A1 9 9 1070 that on those dollars, and unfortunately as 1 Mentioned to you, 1 received these figures finally today at 2 o'clock, and yet 1 was happy to have some figures to present to you in any case to show that the marina is paying its way. Not only that, but it is doing a heck -of -a job. And 1 would like you to be aware of that. Therefore in terms of dollars and cents, none of the proposers really in our estimation, have provided enough. However, Biscayne had the best of the three. Those are the items concerning Biscayne Recreation. The next group is the Dinner Key Marina, and while Biscayne Recreation said they would like to renovate and replace as necessary, piers 1 and 2, and then renovate where necessary the other piers, Dinner Key Marina says that they will say that all the piers are shot, they are no good, as evidenced by some of the slides) although some of them look fairly decent. However, they said they would have a complete replacement of the piers. We consider that a plus. Let's start from scratch,..let's have good maintenance from that particular point. And I might say that Ecclestone Manangement said the same thing. So we had two groups that want complete replacement, one group said they would repair and renovate as necessary to keep the cost down. Dinner Key Marina also indiated that they would have 375 moorings. Now these moorings would be based,(this was a positive items),...the 374 moorings would be based on dredging to some extent, some of the shoal water in and around the north island near Kennedy Park, and other areas that they have already shown you. A negative to that is that the permiting for this is still to be anticipated. We don't know that- it will occur. If it does occur, the moorings are a positive condition. Other things that were positive were the north island park, a wildlife refuge, a habitat breakwater, and a south island park. All of these, if allowed to progress, based on permits from agencies such as the Coast Guard, the Corp of Engineers, and the Environmental Protection Agency, etc. would provide some positive aspects for the marine oriented tenants. And people in terms of the public interest of the City, in our estimation, was con- sidered positive. The negatives are also to be addressed. The presentation made for you today was not the presentation that we heard. We did hear the landside, and I won't address that further except to say that that was a part of the presentation. The Dinner Key Marina plan that they showed you in terms of revenue to the city and improvements in the revenue bond, is also different than the proposal and it is also different from what we heard in our presentation. One of the items that was brought up, and it was considered negative by the Committee, was the fact that 950 some odd thousand dollars of the bond issue would be used to expand Grove Key Marina, which is a private lease with the City. When we questioned Mr. Meredith on that, he said well, there's no question about it, I believe I will be able to do it. The Committee felt that this is not in the best interest of the City, using the public bond money for the private interest and we would like to bring that to your attention. Other items that I would like to mention to you is that no guarantee was specified by Dinner Key Marina in the first two year period. Now the only apples -to -apples comparison we had, was the first phase, putting in the 500 docks. Because going to the next phase required so many conditions, that it was impossible for us to make a judgment. However, using the first two years of the phase I approach as our guide, not having any guarantee that we would receive any money from the developer at that particular point to us was considered a negative. We indicated the fact that the permits in our estimation would be difficult and this was supported by discussion with the Corp of Engineers who was present at Mr. Meredith's presentation. And after the presentation, we asked specifically some of the factors concerning it and he told us some of the plan might be difficult. It is a management contract and not a lease. This has already heed discussed many timeSand I will merely say in summary that the request for proposals, specifically talked about a lease plan. You might say that is an administrative point and the city may do what it wants, however your other proposers followed your request for proposals specifically. Mr. Meredith did not. Endorsements in the proposal of Dinner Key Marina Inc. were indicated or implied. However, we could not verify it, and in one particular case it was found not to be verifiable at all, by specific evidence that was supplied to the Committee. 95 The dock rates wete the highest in the binner Key Marina plan. The dock rates in Biscayne Recreation, and Ecclestone wete in the 10=cent for non-iiveaboard and 13-cent category for liveaboards. Mr. Meredith said he would charge a 20% less factor, but his basic rate would be 18 cents. In our estimation that was a very high rate in terms of not only the return but also in comparison with the other proposers. He mentioned that the moorings,...the 375 moorings which were to be helpful on an immediate basis if that were possible, however in his proposal you will find that he wasn't sure how the launch service would be handled and in his proposal he said he would be considering a payment for the use of the launch to go back and forth to the moorings. Upon further discussion, and I understand subsequently he indicated that the launch would be free,...that is not what we heard initially and it is not what is in his proposal. He mentioned that there would be individual meters for electricity on the docks. In our estimataion, since the city now pays a bulk rate, and has meters on each pier, there is a very favorable condition, not only to the city but to the marina tenants. If you went from that bulk rate and to just the general meter,..to in. individual meter, our understanding was when we had the rate hearing, was that the individual meters would then be chargeable even if the meter did not register anything because a minimum bill, some minimum amount, would be charged to each person. Not only that, but the city of Miami may lose the bulk rate fee which certainly would be detrimental and naturally would be passed on to the marina tenant. In terms of being able to evaluate Dinner Key Marina in terms of their current standing as a lessee with the city, there was one particular factor, in reviewing the leases to see whether or not the lessee, as the Dinner Key Marina is now, under Grove Key, Inc. a lessee with the city, we found that one of the items that is not in compliance with the lease, is the fact that it states that a crane will be operating for boats under 28 ft. The crane has not been in operation for two and one-half years. Upon questioning the Dinner Key Marina spokesman, we found that there has been no waiver either orally or in writing but the City of Miami saying that he does not have to comply with that portion of the lease. That is an indication of what the situation is. We simply bring that to your attention. That covers the negative areas in the Dinner Key Marina. In the Ecclestone Manangement, the complete replacement of the piers would be considered a very positive factor as it was with Dinner Key Marina. However as a negative we found that Ecclestone Manangement had several conditions which they felt the city must accept. For example, 150 parking spaces must be available at all times. They will provide 50 slips for a boat show. The city must maintain the showers after they renovate them. They do not wish to maintain them. The city is to maintain the mole islands after they make the improvements. So they did not wish to get involved in the maintenance after they make the improvements. This is a part of their conditional proposal that they provided. Initially there was no consideration, or I should say very little, given to any boats smaller than 35 ft. Their smallest slip is 40 ft. When we asked as part of our discussion with them, what happens to the boater under 30 ft. they say well, there really aren't many boaters in that class. And when we mentioned that we had 94 bulkhead slips, ....of bulkhead and pier 1 slips, for the 30 ft. and under, which represents a nice percentage, 30% some odd, it came as a surprise to the people who were presenting it, which indluded Mr. Ecclestone in the second presentation. He therefore said that he would reconsider that, review the dock situation again, and have more slip facilities for the smaller boats. That in very quick and swift time because of the interest of getting through is the pros and cons concerning the committee. And with than Mayor Ferre: Thank you very much Mr. Iaconis. It is 6 o'clock and we made a commitment to break at six. Mrs. Gordon: I thought we said that we were going to hear the presentation about the trust, prior to breaking and then we would come back. Mayor Ferre: No, we didn't say that. You said that. What we said was, that we were going to break at nix and come back at seven and and hear Mr. Dixon for half an hour and then we would take up the other items at 7:30. Rev. Gibson: May I make a comment before we talk about the trust. Sir, what is your name? .( • Mr. Iaconis: My name is Ike Iaconis, your Honor. Rev. Gibson: You and your committee,...where's the other two people? Mr. Iaconis: Mr. Dick Cummings and Mr. Pete Sawyer will be here in a few minutes. Rev. Gibson: Gentlemen I want you all to stand up. As a grateful commissioner, I want to thank you citizens,... Mrs. Gordon: I do too,... Rev. Gibson:..for the enlightenment and the presentation. Mr. Iaconis: Thank you very much. I would like to say that we had excellent cooperation from the city, as I mentioned before. I would like to mention two people from the City Mananger's office, Mr. Clark Merrill and Mr. Jose Perez who gave us excellent support. They did a very good job and we would that to be brought to our attention. Mayor Ferre: Mr. Dixon do you want to say something? Mr. Dixon: Really, I would ask,...I don't really need much time to talk about the Trust. I would ask that the recommendation of the City Mananger be considered. I have really nothing further to say relative to the Trust other than his comments, and I think there's a lot of people here in the public that have been waiting since 2:30. They would like to make their comments, and then conclude the meeting. I have no lengthy statements to make. Mayor Ferre: Now back to the item we are on, and we will see how we wind this thing up. Mr. Mananger, here's the way I think we ought to do this and we will see what the members of the Commission feel. It is 6 o'clock. I will recognize each member of the Commission for a statement, if they want to make a statement at this time. No questions, for we don't have time for that. Then we will re- schedule this for further public hearing either on the July 13 or the July 27th meeting, whichever you feel we can get it on. At that time, I will then open it up first for questions from members of the commission to each of the three groups and then we will open it up for comments for members of the public, and then we will see what happens beyond that point. I am going to express my opinion in a moment as to what I think should happen. That is the format as I see it, unless somebody else wants to change that, with regards to the marina presentation. Mrs. Gordon: Mr. Mayor if I might just simply say that I would waive my comments for some member of the public that has been waiting here for 4 or 5 hours to speak. I can comment some other time. Mayor Ferre: Rev. Gibson: Mr. Reboso: at the next All right, Mrs. Gordon, thank you. Father Gibson? I have no comments. I am ready to vote if need be. Mr. Mayor , you mentioned earlier that you want the City Mananger City Commission meeting to come... Mayor Ferre:...or at some future meeting, it may not have to be the next one. Mr. Reboso: With what? Mayor Ferre; It is my personal opinion that the Mananger should study these things in great depth and come back with a specific recommendation as to how the City should proceed in the improvements on marine facilities and actually give us a selection of 1,2,3, ..,and the commission should then decide whether we agree with the Mananger or,disagree. In the past we have disagreed. I have no problems with,... Mr. Reboso: I want to disagree with that because I have heard today from Mr. Iaconis that in some of the cases one thing that was said, in the presentation made to them, another thing in the presentation made to us. So the final pre- sentation is the one we heard today. That is my point of view. The sooner we go over this matter, the better. If we decide today not to vote,then I would like a lEg MWR MEZ MEF MWF 97 JUN 221972 transcript of what the recommendations of Mr. Iaconis said to be furnished with that, before the nest meeting, If that is the will of the coiffitissidn, Mayor Ferre: We go by the majority, so whatever the majority wants to do, is that we are going to do, Mr, Plummer: I waive my right of questions this evening if it is going to be continued which will allow me to develop more questions into the particular areas of all of the presentations and we will take it up on the 27th of July. Rev. Gibson: Am I to understated that,...so I can have my head right, the Manager will give us his preference 1, 2 and 3. Mayor Ferre: No,no. That was just a recommendation, that I had. It hasn't been accepted yet. Rev. Gibson: I thought all along, --we ususally say, this is our no.l or No. No. 3... • Mayor Ferre: We always have that choice. I might remind you that I think without any exception that I can remember, since I have been on this Board, the Mananger has always come in with specific recommendations as to which is first, second and third. We have not agreed with him many times. There are a lot of times that we haven't agreed with the Manager, that I personally think that that is a reason- able way to approach this because the Mananger has the staff, the personnel, and the time to go into this thing in depth, and come back with specific recommendations as to how we should proceed. Obviously we reserve the right, as we always do, and I might remind you that on several very important occasions, this commission has overridden the Mananger's recommendation, which is fine. That's the way it should be. Rev. Gibson: Let me make sure that I leave here tonight understanding. My under- standing has been, the Mananger brings us back...says these three companies are qualified.If I am wrong, I want everybody to say Gibson doesn't know what he is talking about. They Manager usually comes back and says these three companies are qualified. Or these three companies do the job,...can do the job. Then we, ... we then say, (I want to make sure my head is right, so I don't go out here thinking wrong), then we say, these three people are qualified,...fine. Then the Mayor ususally passes a ballot and we vote. We say, No. 1,2,... like that. Mayor Ferre: Father I think if you go back in your memory, in every case whether it is an architectural selection, or selection of bidders on things, the Mananger always ranks one,two or three. Mr. Dixon: Mr. Manager, Mr. Mayor, all I am asking is, the agenda says the Mananger will make a recommendation relative to a proposal for the creation of a trust. Mayor Ferre: Mr. Dixon, I have already told you once that we will take that up but we are not going to take it up at this time. Mr. Dixon: Is that too much to ask that he make a recommendation in 3 minutes? Mayor Ferre: No, sir it is not too much to ask except that you happen to be out of order. The item we are on now is Item 21. You are here on item 22. I will be perfectly willing to give up my dinner to hear item 22 if that is the will of this commission. Mrs. Gordon: I would like us to conclude all marina interest at one time Mr. Mayor. Mayor Ferre: I have no objection to that Mrs. Gordon, but we are now on Item 21 and I will rule anybody out of order who wants to talk on item 22. We will take that up as soon as we finish this. Any4ody else have any other comments on item 21? Mr, Plummer: I do Mr.Mayor. Let me tell you what this one vote is looking for. Somebody else expressed it, but I want to go a little bit more. As far as I am _ concerned, in this summary sheet which has been handed to me to be used, outdated comparison if you wish, or however you want. I want the administration staff to go into every presentation that was made here this evening, come up with definite information, pore detailed information. For example, the one thing that scared me, you wouldn't let me ask the question, of the one company from West Palm Beach, 98 JUN 291978 proposed to redo all the dotke at one time That sounds good but what do you do with 370 people while the new docks are being built? These are the factors that I think have to be answered. I see you are shaking your head and I an sure there is probably a good answer. But all I am saying to you is, Grove Key said build two, move those out, build two more,..he said all at the same time. These are the definitive answers that I think this commission must have. What are the comparisons in revenue? Does the administration feel that plan A with Paul Walker and Company,..that that is feasible. Can it be done, and if not, what does this. propsal leave without that permitting? It immediately comes to uzy mind, that the city itself, has either twice or three times, gone up there to do, in a round -about -fashion what they are talking about, and the city itself has been turned down. So I have to take, and this other gentleman, even though he is a competitor, says that their serious question about doing those islands. I am basing it on Paul Andre well knows that we went to the State of Florida and both times we were turned down. I would like to know what the administration can develop. Is that workable or is it not? And if it is not, the negative, what's left, where do we come out with that plan? What I am saying is,...the Mayor and I agree in only one point,...you've got the staff, you've got the people,...go back, take each one of these things and pick them apart, and come back to this commission with answers where we can compare one against the other. I an not looking at this point for you to rate A,B, and C. We might e- reach that point, but I tell you, that as far as I am concerned, there is too much discrepancy in the material which I have here, presented to me, for me to make any definitive answers or decisions. Mayor Ferre: Anybody else in the Commission wishes to ask any questions or make any other comments. I wish to state on the record the following: No. 1 I don't think we are ready to vote tonight. We don't have sufficient information and I think there's a lot of confusion about an awful lot of things. I guess No. 1 I really want to thank Mr. Iaconis and the committee for the wonderful job they did. Two, I don't think we are ready to vote tonight. No. 3 I do personally think that the Mananger and staff should go back and review all the information available and come back with a specific recommendation to the Commission as to how we should proceed. Four, the one thing that we are not going to do is nothing, as far as I am concerned in this vote. No. five, I want to state as far as the Master Plan,..the so-called Master Plan is concerned, that has as much validity today, in June 1978 as the Doxiadis Plan has in Downtown Miami, and that too, was the Master Plan, that was voted upon and accepted by this Commission, and has not been rescinded I might remind you. The fact is that the Master Plan has not been adhered to and for valid reason in my personal opinion. And there's a lot of good reasons why it hasn't been adhered to. No. six, as far as the Master Plan is concerned, I do not accept any recommendation to go and make one more plan. This community has the Plan -syndrome. You can call it the Interama-syndrome, or the Magic City -syndrome, or the Doxiadis-syndrome,...or you -name -it -syndrome, because we have been studied to death. Most of the studies are worth more or less what the value of the paper is, they are not paid attention to, they are always obsolete in six months, they never fall into the patterns of reality, and you could see that in business communities and banks, and what -have -you, where all these plans are absolutely worthless six months later. We have been 'planned to death. We have all the plans we need. It is time for us to stick to the common-sense approach and see what it is we are going to do as far as improving our marine facilities. Lastly, I want to reiterate,...don't panic, we have thick hides, the Miami Herald editorials don't affect me in the slightest. If anything, I have a very hard time trying to bring myself down to being objective, because my natural inclination is to do exactly the opposite. And I don't want to fall into that sin, and it is a sin, to have that kind of feelings about anything. I want to tell you that I personally will cast my vote, which is one -fifth of this Commission, completely on the merits of what I think is right in this case. I don't want anybody presume what I, or anybody else is going to do. I think we have a long way to go. There's an awful lot of discussion remaining, but I end by repeating thet it is time to fish or cut bait. We are not going to sit around and have anymore plans. If I have anything to do with, this Commission sooner or later, and I hope it is within the next month or so, certainly by the September meeting, we will come to a conclusion in our deliberations, make a decision, and proceed on a much -needed, long -needed, improvements in our marine .JUNK 2 2 1978 facilities. I hope when we come to that, that we will get into a closer definition, item by item, as to what exactly it is that we intend for the Mananger to negotiate with the successful winner of the bid procedure. That's all I have to say. Rev. Gibson: Let me ask a question, Mr. Mananger, how long does it take you to read these documents since you have such an able and competent staff, as we say, and for those citizens, these three men,...they are the best thing I have heard around here for a long time. You could use them too, and come back here on July 13th, the next meeting, and give us a recommendation. Is that possible? Mr. Grassie: If the City Commission decides that that is the direction that you want to go, we can try and do it by the 13th. Commissioner Plummer suggested that we bring it back to you on the 27th. If you would like it by the 13th, I think we can have a recommendation by that time. Mr. Plummer: Let me just tell you why Plummer says on the 27th. It is assumed that you will have the same problem that you have today, that is we will be going long hours, a lot of input, and that's my wife's birthday, and there's a party scheduled that evening for 6 o'clock and I am not risking a divorce at this stage. That's why I said give you more time, let's come back on the 27th. Mr. Grassie: It is a pretty good argument, Commissioner. Mrs. Gordon: Mr. Mayor I would like to see this conversation on this item suspended until we have had some comment from the Mananger with regards to the Trust. We can't divorce ourselves from a possibility that that will be the avenue we are going to travel, if in fact that is the recommendation, and if in fact further investigation proves that that is the most feasible route to take. Mayor Ferre: I accept that. Mrs. Gordon: Could we hear that part now? Mayor Ferre: got whatever Mr. Grassie: me to do. Yes. I accept that. I just want to make sure that everybody they had to say on the record. Are we finished with item 21? I have heard four different approaches as to what you want Mayor Ferre: krnat Mrs. Gordon is saying, Mr. Mananger is, that want to come to a conclusion on 1121 until she has heard #22. Mrs. Gordon: I want to hear what you have to say about that. she doesn't Mayor Ferre: I think that once we have said what we have said on 021, I would accept that is the will of the rest of this commission , that hear 122 whether it is now or 7 o'clock and then perhaps we can test is in this commission. Mr. Grassie: I am sorry Mr. Mayor, I wasn't very clear. I just wanted you to tell ne what it is that you are expecting. Are you expecting a recommendation from re on 021 and :f so,.... Mayor Ferre: I will repeat it again. Mrs. Gordon has recommended that we not come to a decision on Item 21 until after we have heard Item 22, What I am saying, and what r said, and I will repeat it again, is that we will not come to a conclusion on 21. as per Mrs. Gordon's request until we have heard 022. If that is acceptable to the rest of the commission,... I have no objection to that. Mrs. Gordon: Then •.so wi1l make a scheduling decision or whatever,. , . Mr, numOner; Mr. Mayor after my other comments about the 13th, let me say this, You ma4at want to consider it. This is an important item, and I will tell. you, 1 for one; am very tech opposed to additional meetings, but Mr, Mayor I am most at the pot where feel that this warrants a special date, where you don't 1 ( _• nn 4r1Q Consider other items, where we can take this item 21 and 22 as a package. I would be willing and agreeable to a special meeting just for the call of the purpose of hearing this item, so that we can have this item only on an agneda. That is just one persons comment. Ars, Gordon: Okay. I will table any further discussion if the Mayor will let e on Item #21 until we hear #122 and then go back to 21 for scheduling. Mayor Perre: Let's get this idea Plummer has put out and see if we can choose a date. Does anybody have any objections to doing it that way? Getting another special date to have the item 21 and 22,... Mr. Iaconis: Mayor Ferre we are very interested, and the people are waiting patiently to hear item #122. Mayor Ferre: Yes, we are going to come to that in a moment. Mr.Iaconis:Tnen after we hear that,perhaps they can, Mayor Ferre: We are not going to come to any conclusion tonight, Ike. Mr. Iaconis: I understand that, but we would like to hear item 22 and that's what the people are waiting to listen to. Will we be able to do that? Mayor Perre: I hope so, whether it is now or 7 o'clock. We will decide that in a moment. Mr. Iaconis: What wt a-r saying, Mrs. Gordon has mentioned the fact we have already spent the last 25 minutes debating whether we should or not, I respectfully request, why don't we just go to,.... Mayor Ferre: Mr. Iaconis, why don't you sit down. Unidentified person: Mr. Ferre, could I ask you,.... Mayor Ferre: Ma'am, we are not at this point listening to the public. We will in a very short while, if you will just be patient. Unidentified person: I just want to know when. Mayor Ferre: That's what I am trying to determine now. Mrs. Gordon: We are trying to get the Mananger to talk about 22. Mayor Perre: Would you select a date since,... Mrs. Gordon: Not until I have heard 22 Mr. Mayor, then I will be glad to discuss a date and time, and anything else you want. Mayor Ferre: Mr. Plummer, I made a commitment to you, and I am perfectly willing to live up to it, of breaking and coming back at 7. It seems your decision. It was a fair request. You asked for it earlier during the day. Mr. Plummer: If Mr. Dixon can be held to his word, which I intend fully to do, he has three minutes.... 22. MIAMI WATERFRONT TRUST - POSSIBLE CREATION - Mayor Terre; Go ahead Mr. Dixon. We are now on item #22. Mr, Tom Dixon: Thank you Mr. Mayor and Mr. Plummer, Mr, Grassie, City Mananger, I would ask you, after having considered and met with us on the Trust, what are your omments towards the relative merits of the Trust AS opposed to any alternativE to lease public property to private interest? I. Gras.e: Mr. Mayor and members of the City Commission,,,, !"..r. 'r.- .r : Repeat your question. AM 2 197B ICI Mt. Toro Dixon: Mr. City Mananger, I would ask you after having met with members of the people that are proposing the Trust, that you will give us your col fetus as to the relative merits of the Trust, in version to the leasing of public property for private lessees. unidentified person: That's two questions. Mr. Plummer: As I understand the question, please so that I can understand the answer, No. 1 you are asking for his opinion as to the Trusty and No. 2,• Mr. Dixon:..as to the Trust relative to, leasing the marina. Mr. Plummer: Two questions?Fine. Mayor Ferre: Mr. Grassie, we are on item 22, and there's two questions asked you* Mr. Grassie: The last time the City Commission met the Waterfront Trust Committee, it made a very brief presentation to you and suggested that you look into their recommendations for the establishment of an authority or a trust. At that time, you asked me to meet with them, and to see what could be done with that idea to develop it further. We have done that. The original ideas of the Committee were fairly general. My effort has been to make them specific enough so that you could evaluate it. I think that in the paper you have in front of you, we passed it out a few hours ago,...in the paper you have in front of you, you have on 3 pages a basic outline of what a trust, a marina trust, could look like. Very briefly,what it would be is a group organized for a specific purpose by ordinance and possibly (we have not determined this yet) possibly requiring state legislation. But at least, organized by ordinance, the members to be named by the City Commission, with some provisions for representation of marine interest, etc. The principal element of the recommendation of .the outline you have in front of you, is that the work of the trust would be accomplished through contract with the City. They would contract on a year -by -year basis to carry out whatever function you decided they should carry out as it relates to marinas. And the obvious ones would be the actual operation and maintenance of specific marinas. You would end up with a contract for each facility that you wanted them to handle. Now, very briefly that is the concept that is included in this paper. I view this as a reasonable alternative. At this stage, not better, not worse, than the pro- posals that you have in front of you. It is a reasonable, fourth alternative for you to look at, and I cast it in that light, up to the point where you asked me for definitive recommendation with regard to the course the City should follow, something which you so far have not done. What I am saying to you is, that in addition to the three proposals you have heard, there is a fourth alternative that I think is reasonable for you to consider, and that is approaching the management of your marine facilities through the employment of a trust organized as we have outlined in this page. ILL s. Gordon: Excuse me. Is that similar to the public health trust which operates Jackson Memorial Hospital? Mr. Graosie: It has the same spirit but very many different provisions. It is organized for a different purpose, in a different context. It has the same spirit but really the term are quite different. Mrs. Gordon: I realize that. Could we assume that the successful operation that that body has had in the operation of a health facility,might not be a parallel that we could anticipate? Mr, Grassie: I would suggest to you that that is not a very secure analogy. I do bat think that you can transfer any ideas of success that you may have about the Public Health Trust to another organization. It could work, but I think for completely independent reasons. Mayor Ferrer Let me ask you this question with regards to the trust, would you also recommend that Co ahat with our two golf courses? Mr. Grassie: it is a possibility, Mayor Ferre: How about the Orange Bowl and Marine Stadium and the Baseball Stadium? n 1978 _ 4r 1Q are Mt. Grassie: if you wish. Mayor Ferre: How about the police department? Mr. Grassie: There are communities in the United States that operate police departments on contract, Mayor. Mayor Ferre: Well, we are not too far away from what you want. Huh? Except that the Trust Department becomes Metropolitan Dade County. Mrs. Gordon: May I just mention something to the Mananger, because I have been delivered a memorandum from him this week relating to the Sports Authority which is his,...I assume that you composed summary, or you have delivered it with your cover letter from you Mr. Grassie, about a Sports Authority, which in fact is designed to give control over all developments of sports facilities here in this area. That isn't too far afield according to your recommendation there. In fact that was even more so. That gave total authority. Mr. Grassie: I hope it is not necessary for me to make this clarification, but let me get it on the record anyway. In a staff capacity, you asked me to produce a lot of documents, a lot of things, which I presume are basic to your discussion and are intended to be useful to you as you consider alternatives. The fact that I produced an outline for the Sports Resources Committee at their request, and at the request of the Chairman who happens to be Commissioner Plummer, if we produce an outline for a Sports Authority for this community, does not mean that I am endorsing it or even if I think that it is a good idea. I have been asked to perform a task for you as a member of that committee, and I am doing it. Mrs. Gordon: I thought that was a creation that you, Mr. Grassie: It is not my recommendation. I am simply trying to be the Committee and I am presenting this to you in that same spirit. to you that I think it has the same kind of merit as the proposals of you have,in the sense that you ought to consider it as a fourth That is all. useful to I am saying in front alternative. Mayor Ferre:I think that is a valid statement. I would like,...Mr. Dixon and those of you that are interested in this, make a little statement about this. In college you remember, when you studied logic there was something called ad hoc logic. Now I will give you a good example of ad hoc logic. The Miami Herald comes up with an editorial several weeks ago, that since the Fire Chief is retiring, that this would be a good time to turn over the City of Miami Fire Department to Metropolitan Dade County. Now, ad hoc logic, the continuation of ad hoc logic, is to reverse that and to say, Chief Bullock is also retiring. He announced his retirement before Chaf Don Hickman. He announced in February. Under that logic then the Metropolitan Dade County Fire Department should really be merged into the City of Miami Fire Department because the Chief of Metro retired before toe Chief of Miami. The difference is, that whereas the City of Miami has a cuss 1 fire department, Metropolitan Dade County has a class 9 fire department,...class 9 to class 4 is the maximum that they reach because they are judged by districts. Now, T_ remember a lesson in government, taught to me by somebody who is on the staff of Metro, as matter of fact. When I first, 16 or 17 years ago, went to my first civic government thing and I sat next to Andy Campaletti, and I forget who the other fellow was, and they got me all excited about creating a transportation authority. That was going to be the answer to all of our, ---- I got all excited, I was all for it. This lady who is in government now, and a very smart person, said I want to talk to you. She said to me, the way government functions, is that people who are elected,..there is a problem in this community, I will never forget this,...this community has a very serious problem. The problem is that deep down inside, the Chamber of Commerce, the Miami Herald and people that are involved in setting the patterns, basically do not believe in the democratic process. They don't believe that elected officials had the capacity or integrity to snake recisions, and therefore you will find throughout. the history of Miami, and Metropolitan Dade County, and in the future remember me, and I remember her, what you will find that every time there is an important decision, somebody is going to come up ad say, let's create an authority, Then we Will transfer the responsibility from the elected officials to selected officials, and of course 03 JUN 22197 JU'1 in this particular case, the Manager is going to be the one that is going to recommend. Mr. Dixon: Mr. Mayor there is a big difference. You have said to the Manager. in February of 1977, Mr. Manager, lease these facilities. Okay. Put these facilities out for proposal for leasing. Okay. Now, the difference is, you have said, I want to turn these over to someone else. I didn't come up and say let's create a trust before you have thrust to say, let's do something. Let's turn it aver to someone else's control. Mayor Ferre: That's a valid point Mr. Dixon. I can't argue with that. Mr. Dixon: 'Lou brought it up. We are saying there is an alternative in which the public can participate. Mayor Perre: I can't agrue with that. Mr. Dixon: I have been here in front of you since March. I think the Committee that reviewed the propaals is a shining example of how citizens can be involved in the waterfront for the betterment of the City. I don't understand what you are afraid of. Y,ayor Ferre: Look, let me tell you something. I serve on the Downtown Development Authority. Ray Goode and Alva Chapman recently made a big to-do about that Authority. r' Need I ask,...let me ask, the Miami Herald that are continually discussing, what do they think about the Off Street Parking ? Mr. Dixon: I am not asking for an authority. I am asking for a Trust. Mayor Ferre: What happened to the Air Port Authority when it existed? What was one of the first things that Ray Goode did the moment he became Mananger. He said this airport belongs to Metropolitan Dade County. We cannot shirk that responsibility. The Commission has to assume that. We cannot place that under an Authority. I am sorry. As a matter of govermental philosophy, I happen to be Jeffersonian, I happen to believe that that's what people get elected for, and that's what you elect your public officials for, is to run this community, whether it be the City or the County. I am philosophically against,..I am philosophically against, the creation of Authorities to do our job for us. Mr. Dixon: I agree, let's cancel the proposal for leasing. That's what you are sayings But you are leasing it out. Mayor Ferre: What we are talking about and I don't think there is a contradiction is, that when you are talking about recreational facilities such as golf courses, such as marinas, such as things that are not public -purpose in the same sense that a 3arbage collection department, a sanitation department is, a police depart- ment, a fire department, something like marinas in my opinion are best run by the private sector. As a matter of fact I really don't think that the public sector shoulc: even ►Jet involved in it, other than to create these facilities, and then let the private sector take them from there. And so it is my personal opinion, that in luxury or recreational facilities, that if you can involve the private sector you are much better off. Mr. Dixon: An excellent opinion. I think there's a lot of people in the room that also have opinions and since it is a public discussion for the proposal for the Trust, could we ask for some comments from them? Mayor Ferre: We've got till 7 o'clock. Mr. Dixon: Is there anyone that would like to speak relative to the Trust? I see there's some people in the room. Mayor Ferre: Sure, go right ahead. Mrs, Joanne Holhauser; I am still concerned about what happened to the public meeting cn the last item. Mayor Ferre: The public meeting will be continued to another public meettg, which we will decide what day, in a little while. You are in order, go ahead and express your opinion, if you want. 1978 1e4 Mrs, Holhauser! My point is, 1 would like to be able to express the opinion of the Coconut drove Civic Board about item 21 in some order, I am still waiting ,to find out,.... are we going to continue that? Mayor Ferre: No. I told Dan Paul and the others that wanted to speak on item 21 that they could go home if they wanted,.. Mrs. Holhauser: I understand that. Mayor Ferre: ..we could continue. What happened was, that Mr, Dixon wanted Item 22 heard, Mrs. Gordon insisted that it be heard before we discuss further on Item 21. we agreed to do that, and that's where we are at now. Mrs. Holhauser: All I am getting at Mr. Ferre is that the person who was going to discuss the Trust went home because we understood that you all were going to be concluding. There is another hearing coming up at 7. Mayor Terre: Yes, there will be. We are not going to conclude on this tonight. You are right. Mrs. Holhauser: But I want to reserve the fact that we would like to have some comment on the Trust. Mayor Ferre: You will have the right to comment on both. Mrs. Holhauser: Thank you. Mayor Ferre: Anybody else. Why don't you come to the microphone. You have to identify yourself. Joanne you need to do that too. Would you do that please? Mrs. Joanne Holhauser: I am sorry. I am Joanne Holhauser, I live at 4230 Ingraham Highway, in Coconut Grov:. I am president of the Coconut Grove Civic Club. Mayor Ferre: If you want to the microphone is yours. Mrs. Marilyn Reed: My name is Maryily Reed and I here today representing the Environmental Organizations, state-wide and in this community, and I feel we should have some input not only on 21 but 22. I would like a date set so that we can get our prople down here. We waited all afternoon. We certainly have some input on this. We are very disturbed about this whole proposition and I think we should be heard from. Mayor Ferre: Fine. You will have that opportunity. Mrs. Reed: Would you please set a date and then we will,.... Mayor Ferre: I tried to do that before but we wanted to get to this point, and I think we are here now. Are you ready to set a date now? Mrs. Gordon: We have heard enough. All we can hear tonight. I suggest we do have that special meeting, that we give it plenty of airing and that we combine the three proposals and the trust proposal which,I consider a proposal, into one afternoon or evening hearing and then come to a conclusion. Mayor Ferre: Look at your calendars and see what dates,...what dates will you be gone Plummer? Mrs. Gordon: You are talking about July? I thought you were trying to schedule something sooner than that? Mayor Ferre; We are talking about the month of July. We are now on the 22nd of June. Mr. Grassie: With the kind of analysis that you have suggested Commissioner, I thought we ought to schedule this for the 27th, Mayor Ferre: 27th of what? Mr. Grassie; Or if you want it on a special day, and a separate day, then we ought to do it,,. 105 JUN 221978 Mayor Ferre: How about the 26th? bobs anybody have a problem with 2 o'clock July 26th? Mrs. Gordon: Too far ahead. Mr. Plummer: I would start it at 9 o'clock in the morning and hope we would be finished by 1 o'clock. If we don't, we can continue on. Mrs. Gordon: I cannot have an afternoon meeting on that day of the 26th. I have a commitment I cannot break. Mayor Ferre: Can we have it in the morning? Mrs. Gordon: You know our meetings never end when they are supposed to. Mayor Ferre: How about on the 26th? Mrs. Gordon: How about the 25th? Mr. Plummer: How about the 28th? That sounds good. I have no objections to an evening meeting except for the fact that, Mrs. Gordon: The 28th is a Friday, and the Board of Trustees has scheduled the money managers down on that day. Mayor Ferre: How about the 13th? Mr. Plummer: Mr. Grassie, are you scheduling the Zoning in July on the 13th or the 27th? Mr. Grassie: On the 27th Commissioner. Mayor Ferre: Okay. Where are we? We have the morning of the 26th. How about the 13th or the 12th or the llth? Mrs. Gordon: How about the llth? Mr. Plummer: The llth is fine with me. Mayor Ferre: The 12th is out, and the 13th. Mrs. Gordon: The llth? Mayor Ferre: No, I can't be here the llth. How about the 25th? Mr. Al Sokolsky: Mr. Mayor, you asved people to express themselves for or against the trust. I would like to know Mr. Dixon, have you concluded your presentation? Mr. Dixon: I don't think there is any further thing obviously the Commission desires to have further discussion,a future date. Mr. Sokolsky: So your presentation will be made at a future date? Mr. Dixon: Hopefully they will place it on the agenda so that it would be concurrent with the proposals for leasing. Mr. Sokolsky: I thought the purpose was for this Commission to thoroughly hear item 22 now. Mayor Ferre: The point is Al that we don't have time, because we have a 7 o'clock zoning meeting which is in 15.minutes, so all these things are tied together, and 1 think Mr, Dixon is right about that, this is an alternative. Mr. Soi,olscy; Then there's no need for Mr. Dixon to speak for or against any items at the present time. :rir. pixo.:; I am sure your comments are valued --let's reserve and hold then, Mrs, Gordon: Did somebody say they couldn't make it on the 25th? I06 r JUN 2? 1978 v Mayor Ferret Mrs. Gordon; Mayor Ferre: Mrs. Gordon: Aot have the Mr. Grassie: Mrs. Gordon: Yes, 1 can't make it on the 25th. How about the 28th? I can be here on the 26 or 28th. Can you arrange with the secretary of the Board of Trustees to money manangers on the 28th, then we can have the Commission. We will. reschedule that for you Commissioner. Yes. Okay. I assuming it is daytime meeting. It's a Friday. Mr. Dixon: There are many people who would be very interested with some input, that would be working during the day. That's unfortunate. I am sure you understand that. Mrs. Gordon: What hour in the evening,...maybe then we could do it on the 26th. I would then be available anytime after 5:30, if it is an evening meeting. Mr.Dixon: Is it an evening meeting on the 28th? Mrs. Gordon: 0r 26th is okay. Mayor Ferre: The 26th is all right with me. I'll tell you what, I don't mind starting in the monring and breaking up at noon and then meeting again in the evening. Mr. Dixon: On the 26th? Mayor Ferre: We start at 9 and go to 12. This is going to take 4 or 5 hours, then we will start up again at 7. Mrs. Gordon: That'a real problem for me. Mayor Ferre: You want to start, say at 6 o'clock? Mrs. Gordon; Unless you go back again to the 28th sir and start at 2 in the afternoon and go on to 4 in the afternoon. Mayor Ferre: I can't do that. I can do the 26th. Mr. Plummer: May I make this suggestion. I doubt very seriously from what I have heard here today, that we are going to go to a decision in one meeting. Okay. If in fact, that is the consensus of this, why don't we go ahead and schedule a meeting for the evening of the 26th, realizing that there probably will have to be a 3rd meeting called. Mayor Ferre: Fine. Mrs. Gordon: Then the next meeting won't be until September. Mr. Plummer: But at least we give the people who work during the day the opportunity to come during,let's say 4 hours, and voice their opinions. Mr. Grassie: On the 26th Mr. Mayor just for information, two of Committee members, our Committee Chairman,...Mr. Dixon, apparently have conflict. Mrs. Gordon: I wonder why we have to wait over a full month. Why do we have to wait that long Mr. Mannager. Mr. Dixon: We certainly can meet before that date. Kra. Gordon:You said you can't get something ready, but goodness, 1 don't know what elc3e you have to get ready that you haven't got. Mr. Pluemkr: Do you want to try for the 12th of July? If you don't do it by the 1.2th of July , Rose, then that precludes me until the 24th Nrs. Gordon: I am ready for the 12. 1 am ready for the filth. !?7,9 Mayor Pette: No, but he is tiot. Mr. Plummer: You are not doing the work. He is. Mrs. Gordon: What do you want him to do? Mayor Ferre: Let me say this for a moments Rose. Please. Here are the aeries of problems,....let me know. Here's the problem.The problem is that the Mananger says he is not ready by the l2th. Plummer is leaving for a trip which he cannot postpone. It is an official trip for the city, and he is leaving on the lath and won't be back,.... Mr. Plummer: Nc, sir, I am leaving on the 14th and returning on the 24th. Mayor Ferre: That means •that if you don't have it before the 12th, you can't have it until after the 24th. So the first day you can have it is the 25th. Now, the problem is that the 26th, Dixon and Iaconis are going to be gone. Mr. Iaconis: Both Mr. Dixon and myself are instructors in a course,..different courses ,arid we teach on that evening. I apologize to bring that to your attention. Mayor Ferre: Mrs. Gorgon: Mayor Ferre: Mr. Iaconis: Mayor Ferre: Mrs. Gordon: I'll give you another alternative. What about the 25th, evening? I have no problem with the 25th. k The 25th? The evening of the 25th is fine. I have no problem with the evening of the 25th. I haven't either. I could come. Mayor Ferre: Does anybody have a problem with the evening of the 25th? Mr.Plummer: At this point I don't know of anything I have. Mayor Ferre: Nlanolo? I can't do that,....that's Puerto Rico Day at the Auditorium. That is a standing commitment I have every year. Mrs. Gordon: What about the 24th,...it's a Monday evening. Mayor Ferre: That's when Plummer gets back. Mr. Plummer: No. Mr. Dixon: The afternoon of the 28th? Friday? Afternoon? Mr. Plummer: They want an evening meeting. Mr. Dixon: If we start late, it will not become a 9 or 10 o'clock Friday night session, if we start earlier that day. Mayor Ferre: Okay. I can rearrange that. The 28th is something I can change. I can meet late afternoon the 28th if you want. Say 5 o'clock? Is that acceptable to everybody row? That's Friday the 28th? Anybody have any objections to that? All right. Mr. Sokolsky: Yes I do. Mayor Ferre; I am real sorry. Mr. Sokolsky; Wait a minute. I. think psychologically putting people in the Commission rooa+ at 5 o'clock on Friday the 28th, is going to be continued to another date again, and I think this has to be drawn to a conclusion. I think that, validly Maurice what you said before, this is just as important astany other public meeting that is coming up. We should like to have the night of the 12th. Mayor Ferre; The Hananger says he can't be ready by that time. Iaconie says it 1.08 JUN 221978 toc early, so we will Meet ladies and gentlemen,...this public hearing is now Continued on both items and 21 and 22, until 5 P.M. on Friday the 28th of July. See you then. Would you like to take a 10 minute break? Would like to finish the afternoon agenda? I an for finishing the agenda. AUTHORIZE CITY Public Health Trust of Dade Co. 23. MANAGER TO FOR ENTER INTO AGREEMENT COORDINATION OF MEDICAL SERVICES Mayor Ferre: Let's keep on going now. We are on item 15 now. City Mananger recommends. Mrs. Gordon: I move 15. Mayor Ferre: Seconded by Gibson, further discussion? Mr. Plummer; Under discussion, I find something wrong here Mr. Grassie, where we are providing a service to the people of this community and we are having to pay for it. I find something very radically wrong with that. If we didn't provide the service then we wouldn't have to pay for it and they would have to provide it anyhow. ? . Grassie: All I can tell you Commissioner is that our Fire Department has been for over a year now, trying to negotiate the question of liability insurance with the doctors and the hospital trust. That is really what this is about. Mr. Plummer: That's what it's for? Mr. Grassie: Yes. The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 78-427 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANANGER TO ENTER INTO AN AGREEMENT WITH THE PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA WHICH OPERATES JACKSON MEMORIAL HOSPITAL AND THE UNIVERSITY OF MIAMI FOR THE COORDINANTION OF EMERGENCY MEDICAL SERVICES SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT; WITH FUNDS THEREFOR ALLOCATED THROUGH THE FIRE DEPARTMENT"S GENERAL BUDGET (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: Mrs. Gordon, Mr. Plummer, Rev. Gibson, Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. (19 JUN 2 21978 24. APPOINTMENT OF PERSONS TO BUDGET REVIEW COMMITTEE Mayor Ferre: Commissioner Reboso moves item 16, Plummer seconds, further discussion? Call the roll. The following resolution was introduced by Commissioner Rebosb who moved its adoption: RESOLUTION NO. 78-428 A RESOLUTION APPOINTING MR. ANGEL de PEDRO AS A MEMBER OF THE CITY OF MIAMI BUDGET REVIEW COMMITTEE AND APPOINTING MR. ARISTIDES E DEZ-INSUA AS AN ALTERNATE MEMBER OF SAID COMMITTEE, EACH TO SERVE FOR A TERM ENDING NOVEMBER 1, 1980 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote AYES: NOES: None. Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre 01 f: • WAIVE RENTAL FEE 25. F C R Tn. OF BAiFRONT AUDITORIUM ANNUAL POLICEMEN'S BALL JuIY 15, 1978 The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-429 A RESOLUTION WAIVING THE RENTAL FEE FOR THE USE OF BAYFRONT ?AR( AUDITORIUM ON JULY 15, 1978, FOR THE ANNUAL POLICEMEN'S BALL, SPONSORED BY THE MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIAITON, SJ;3JECT TO PAYMENT FOR EVENT PERSONNEL, INSURANCE, AND OTHER DIRECT COSTS BORNE BY THE CITY, AND PROVIDING THAT THE SAID SPONSOR SUBMIT TO THE CITY MANANGER, WITHIN 30 DAYS FROM THE DATE OF SUCH FACILITY USE, A DETAILED ACCOUNTING OF GROSS FUNDS RECEIVED BY IT BY WAY OF FACILITY ADMISSION FEES AND FUNDS RAISED IN CONNECTION WITH THE AFORESAID EVENT, TOGETHER WITH A DETAILED ACCOUNTING OF FUNDS DISBURSED, INCLUDING THE MANNER IN WHICH NET PROFITS ARE TO BE DISBURSED, TOGETHER WITH A STATEMENT OF THE SUMS DISBURSED Nita E-- EN 110 'JUN 221970 (Here folltrws body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon , the resolution Vas passed and adopted by the following vote- AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, Mayor Ferree NOES: None. ABSENT: None. ABSTAINING: None. WAXVE RENTAL FEE FOR 26. FOR USE OF BAYFRONT STATEWIDE HEALTH AUDITORIUM COORDINATING COUNCIL Nrs. ordcn: Mr. Mayor at the same time, would we move this one for the Statewide Health Coordinating Council for the waiver of the charge for the auditorium. 1.1yor Terre: Mrs. Gordon moves that the Health and....whatever it's called,... 1frs. Gordon:It is called Statewide Health Coordinating Council. )ayor i?erre:...be given the auditorium,..that is Bayfront Park auditorium on the evening September 20. Mr. Plummer: Has that been submitted to the Mananger prior? Mrs. Gordon: Yes, it was addressed to him. Mr. Grassie: We acted on it? Mts. Gordon: We are acting on it now. It has to be scheduled. It is a state organization meeting. Mayor Ferre: What's your point Joe. Mr. Grassie: Was it approved administratively? Mrs. Gordon: Yes. Grassie: There's no need for you to act. It's already approved. Mayor Ferre: Rose Gordon wants to do it anyway. Mrs. Gordon moves, Mr. Plummer seconds, further discussion, call the roll. The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO. 78-430 A MOTION WAIVING RENTAL FEES IN CONNECTION WITH THE USE OF THE BAYFRONT PARK AUDITORIUM ON SEPTEMBER 20, ON REQUEST FROM STATEWISE HEALTH COORDINATING COUNCIL Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AM; Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso KeYof Maurice A. Perre NUS: Hone. MIN 99107A Mrs. Gordon: hr. Grassie, why wouldn't we have to work and move this like any other waiver? Mr. Grassie: Commissioner you have a policy which calls for administrative approval of aay of these requests which fall within the guidelines that you have established. We have already processed this and it has already been approved. Mrs. Gordon: I am sorry that I wasn't made aware of that, that it had already been processed, and I have this memorandum to move it. 27. ACCEPT BID: ROADS STORM SEWER PROJECT - 1977 Bounded bye S.W. 11 Street, S.W. 12 Avenue, S.W. 5 Avenue, S.W. 25 Road F.E.C. Railroad and I-95 MayorFerre: We are on item 18, Roads Storm Sewer project 1977,..Reboso moves, Gibson seconds, further discussion? Mr. Plummer: For the record I want to indicate, with the city procedure, there were 71 advertisers asked to bid. Fifteen actually pick-up the plans, and only six out of 71 saw fit to make a bid. Mayor Ferre: That's better than our average. Call the roll. The following resolution was introduced by Commissioner Rebsos, who moved its adoption: RESOLUTION NO. 78-431 A RESOLUTION ACCEPTING THE BID OF PERSANT CONSTRUCTION CO. INC. IN THE AMOUNT OF $265,607.50 FOR THE ROADS STORM SEWER PROJECT - 1977; WITH FUNDS ALLOCATED FROM THE ACCOUNT ENTITLED "STORM SEWER G.O. BOND FUNDS" IN THE AMOUNT OF $265,607.50; AND AUTHORIZING THE CITY MANANGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote - AYES: Hr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: None. ABSTAINING: None. w 28. ACCEPT BID* 1-95 EXIT RAMP - LANDSCAPING-C.D. Prot. S. E. 2nd Avenue Mayor Ferre: Rose Gordon moves 19. Gibson seconds, further discussion? Mr. Plummer: For the record 42 people were asked to bid, 11 saw fit to come in and pick up plans, and only 4 out of 42 were interested in a project of $18,000. The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 78-432 A RESOLUTION ACCEPTING THE BID OF RUSSELL, INC. IN THE PROPOSED AMOUNT OF $18,580.00 FOR THE I-95 EXIT RAMP - LANDSCAPING - C.D. PROJECT; ALLOCATING SAID AMOUNT FROM THE 3RD YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN ThE AMOUNT OF $18,580.00 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $836.00 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $372.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANANGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote - AYES: Mks. Gordon, Mr. Plummer, MR. Reboso, Rev. Gibson, and Mayor Ferre. NOES: None. ABSENT: one. ABSTAINING: None. 29. ACCEPT BID: CONVENTION CENTER - Phase II Site Preparation The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-433 A RESOLUTION ACCEPTING THE BID OF JOE REINERTSON EQUIPMENT CO. IN THE AMOUNT OF $93,000. FOR THE CONVENTION CENTER, PHASE II - SITE PREPARATION; ALLOCATING FUNDS FROM THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, LOCAL PUBLIC WORKS PROJECT GRANT; AND AUTHORIZING THE CITY MANANGER TO EXECUTE A CON- TRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon , the resolution was passed and adopted by the following vote- AYES:Mr. Plummer, Mr. Reboso, Rev. Gibson, We Gordon Mayor Ferre. WOES; one. AUENT; None. ABST4iN:NC; None. 13.3 .IIJN 221978 Ortroii Bali, Mr. Plummer made the following statement: t want to give you a better one, to show you how good the city's procedures are, forty=eight people were asked to bid.... Mrs. Gordon: Cove on, J.L. we are tired, Mr. Plummer:., --five picked -up plans and only one person bid. One of these days somebody is going to listen. I have to vote 'yes'. Mayor Pei. -re: Now, on item 20 ter. Mananger, that did come within the budget, for the record? Mr. Plummer: That was 20. Mayor Ferre: I said item #20,..it came within the estimated budget by the adminis:.~at ion? Mr. Grassie: Yes. The project is still within the budget. Mayor Terre: I didn't ask you that.The awarding of bids for the Convention Center Phase II Site Preparation, as we have just passed item #20,.... Mr. Grassie: It is within three thousand dollars of the estimate. Mayor Ferre: Thank you. Cx. �0. ;MEND LEASE - BAYSHORa PROPERTIES INC. Reschedule Payments Mayor Ferre: We will be able to break in a second, if you all pay attention. Are we ready? Mr. Plummer: What? Mayor Ferre: This the Monty Trainer thing, you have it before you. It has been prepared by the Legal Department. Glance over it. This is basically what we had a memorandum that we received this morning. Is that correct? Mr. Plummer: Under discussion, just to repeat, I think a renegotiation is premature until the key success of the project has been determined and at this time it has not been and that is for my negative vote. I vote no. 3L. DISCUSSION OF 4th OF JULY HOLIDAY WEEKEND t.� Mr. Re:boso: Mr. Mayor, are we over with the agenda? I want to move at this time that since July 4 is a Tuesday, we will give the day off to the employees of July 3rd. That's a motion. Mr. Grassie: No, No. Mr. Reboso: I think they are entitled to it, Mayo+ .erne: Do we always do that every year? Mr, Grassie* Most of the time, Mr, B.eboso; how much is the cost of that? Mr, Grassie; It will cost us at least $30,000. for that day. r,; JUN 221978 NmaanwM Mt. Grassie: At least $3b,8d0. out-of.,pocket,....for the suggestion that We give a holiday. In addition to that, of course, you have all the lost productivity of the people that would not be replaced. Mrs. Gordon: What day are you talking about? Mr. Grassie: We are talking about Monday the 3rd of July. Mrs. Gordon: Oh. Mr. Grassie: It sets a very poor precedent. Mayor Ferre: I think that is a very dangerous thing to do. Mrs. Gordon: Okay. Mayor Fevre: I hate to vote against it, but I am afraid I have to. Is there a second? The motion dies for lack of a second. .EA E- B :YSHO • E • • OPERTIES INC. CON' T The following resolution was introduced by Commissioner Reboso who roved its adoption: RESOLUTION NO. 78-434 A RESOLUTION AUTHORIZING THE CITY MANANGER TO AMEND A CERTAIN LEASE BETWEEN THE CITY OF MIAMI AND BAYSHORE PROPERTIES, INC. DATED JUNE 1, 1977 BY RESCHEDULING THE PAYMENTS THEREUNDER IN ACCORDANCE WITH THE ATTACHED AMENDMENT, WHEREBY THE CITY WILL CHARGE AN ADDITIONAL 6.5% AS A PENALTY PAYMENT ON MONIES ADVANCED, IF ANY, BY THE CITY TO SATISFY PREEXISTING OBLIGATIONS OF THE SAID BAYSHORE PROPERTIES, INC. IN CONNECTION WITH THE DEMISED PREMISES, AND WHEREBY THE CITY WILL ADD A 5% PENALTY CHARGE FOR LATE PAYMENTS, IF ANY, BY THE SAID BAYSHORE PROPERTIES, INC. (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: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mayor Ferre. NOES: Mr. Plummer. ABSENT: None. ABSTAINING: None. BRIEF DISCUSSION ITEM* DOWNTOWN DEVELOPMENT AUTHORITY Commissioner Plummer Mayor Ferre: Is there anything else now before we go into the 7 o'clock agenda? How much time do you think you need? 11r. Plummer: On pocket items, and I am going to briefly hit it, then I want to go into it at the nett meeting Mr. Mananger. Unless I am mistaken, Mr. Mayor, the D.D.A. an armed, or extension of this Commission. MR. Mayor and members of this commission, I sit on the Sports Committee, and Mr. Grassie and Mrs. Gordon,... and 1 want to tell you something, that D.D.A. in my estimation is not playing fair with this commission. They let me sit there on that Sports Committee as as member, knowing information about certain things that were happening in this towu, and did not see fit to keep this commission informed. Now, Mr. Mayor,it tool; the County Nsnnager to, through whatever methods, to bring this item 'in pert:cu?ar out into the open. I want the D.D.A. to come down here to this Com- ciicuion,at the next meeting, and I want to say to the D.D.A. if the rest of this I :_5 agrees, you are an arm of this Commission, you work with this Cot tlesion, and as such you keep this Commission informed of what is going on it this community, that I don't have to read about it in newspapers, find out from the County Mananger what an arm of tty government is doing, I think, whether it is their legal responsibility or not, they have a moral responsibility,to come to this Commission and tell us things that they know that are going on in the central part of our city. And I want to tell you something, they are not doing it now. And I want them to come before this Commission and tell us what they think their posture is, because what they think and what I think are obviously two different things. As Father say,'I ain't going approve their budget until those people come down here and tell me, that either on a monthly basis, or whenever necessary, they are going to keep me informed. Mayor Ferre: J.L. let me put it to you this way. I hear you, I think your statement is eminently correct. Every day that goes by,I have more and more reservation about authorities,..a lot of questions about authorities. I would recommend that you get on the phone and call Roy Kenzie,...because what you are talking about is Roy Kenzie, not the Authority, which meets once a month. Call Roy and tell him that. Mr. P1I-rer: I'll be happy to do it Mr. Mayor but I want you to know if I don't get the satisfaction that I think this Commission deserves, --not me --that I am going to call the Mananger and tell him to put it on the agenda. Mayor Ferre: I think you are right. I will talk to Roy too, but I think it would be a good thing for you to do for the. City, if you call him and express your opinion to him. Mr. Plummer: A11 I want to know, and I feel I am entitled to know what they know. They are an arm of us, they are working for us, working with us, by God, cooperation is a two-way.street. Mayor Terre: Anything else to come before this Commission? RECESS: After a brief recess, the Commission reconvened at 7:35 P.M. with Cormisisoners Reboso and Plummer absent. NOTE: 7135 P.M. - Begin PLANNING & ZONING AGENDA 33, SECOND READING Change Zoning Classification R4 to GU 1432-1658 N.W. 3rd Avenue ORDINANCE Mayor Ferre: We are on item No. 1 which is a second reading of the ordinance, Planning Department application. You need 4 votes for that? Three? Mr. Davis: Tr.ree. Mayor Ferre: Is anybody here on item #1? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION OF TRACT 10, TOWN PARK SUB 4, U.R. PROJECT FLORIDA R-10 (87-52), BEING APPROXIMATELY 1432-1658 N.W. 3RD AVENUE FROM R-4 (MEDIUM DENSITY MULTIPLE) TO GU (GOVERNMENT USE); AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION NEW MINK VEML 41, Passed on its first reading by title at the Meeting of May 19, 1978 Vas taken up for its second and final reading by title and adoption. On *lotion of Commissioner Gordon , seconded by Commissioner Gibson, , the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Rev. Gibson,Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer and Mr. Reboso. 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. Said Ordinance was designated Ordinance No. 8820. Change Zoning Classification SECeNB READING C5 to PR 34. QRAINANCE 500-560 N. W. 10th Street • • Mayor Ferre: Is anybody here on item #2? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION OF TRACT B, CULMER PARK SUB. NO. 1(98-12), BEING APPROXIMATELY 500-560 N.W. 10TH STREET, FROM C-5 (LIBERAL COMMERCIAL) TO PR (PUBLIC PARK AND RECREATIONAL); AND BY MAKING THE NECESSARY CHANGES 1N THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Passed on its first reading by title at the meeting of May 19, 1978 was .taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon , seconded by Commissioner Gibson , the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. HOES: None. ABSENT: Mr. Reboso. 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. Said ordinance was designated Ordinance No. 8821, 42 t11Id 9914711 35. SECOND READING ORDINANCE Change Zoning Classification C2 to PR 1029 N. W, 2nd Avenue Mayor Ferre: Anybody here on Item #3? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ' ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION OF LOT 21, BLOCK 16N P.W. WHITE'S SUB (B-34) BEING APPROXIMATELY 1029 N.W. 2ND AVENUE, FROM C-2 (COMMUNITY COMMERCIAL) TO PR (PUBLIC PARK AND RECREATIONAL); AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING SEVERABILITY PROVISION Passed on its first reading by title at taken up for its second and final reading by motion of Commissioner Plummer , seconded by Ordinance was thereupon given its second and passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon NOES: None. ABSENT: Mr. Reboso. the meeting of May 19, 1978,was title and adoption. On Commissioner Gibson , the final reading by title and and Mayor Ferre. 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. Said ordinance was designated Ordinance No. 8822. Change Zoning Classification C-4A and R-3 to PR 1400 - 1462 N. W. 62nd Street Mayor Ferre: Anybody here on item 04? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASISIFICATION OF LOTS 11 THROUGH 26 AND LOT 29, BLOCK 10, ORANGE HEIGHTS (14-62) BEING APPROXIMATELY 1400-1462, N.W. 62ND STREET, FROM C-4A (BOULEVARD COMMERCIAL) AND R-3 (LOW DENSITY MULTIPLE) TO PR (PUBLIC PARK AND RECREATIONAL); A.N% BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III,SECTION 2 THEREOF; BY REPEALING 4LL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Passed on its first reading by title at the meeting of May 19, 1978 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer , seconded by Commissioner Gibson , the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Said ordinance was designated Ordinance No. 8823. Change Zoning Classification 37. SECOND READING C-4A to PR ORDINANCE 1200-1201 N. W. 62nd Street Mayor Fevre: Anybody here on Item 5? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION OF LOT 21 LESS W. 1.00' AND LOT 22 LESS W. 1.00' AND E. 74-46' BLOCK 2, ORCHARD VILLA EXT. (17-55), BEING APPROX- IMATELY 1200-1202 N.W. 62ND STREET, FROM C-4A (BOULEVARD COMMERCIAL) TO PR (PUBLIC PARK AND RECREATIONAL); AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION . Passed on its first reading by title at the meeting of May 19,1978 was taken up for its second and final reading by title and adoption. 0n motion of Commissioner Gibson , seconded by Commissioner Plummer, , the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Said ordinance was designated Ordinance No. 8824. 119 AIM mmmmemmm SECOND READING 38. ORDINANCE Change Zoning Classification C..1 to C-3 1720 N. E. Bevshort Drive Mayor Ferre: Take up item 416. Mr. Davis:Mr. Mayor, as offered by the applicant, he did proffer a covenant running with the land,.....to the Law Department for their approval. A copy is before you. Mayor Ferre: Has the Law Department appoved it? Mr. Davis: Yes, sir. Mayor Ferre: Anybody here to speak on this item? Mrs. Gordon: A question to the Department first. Mayor Ferre: Rose, let's get it on,,,,then we will discuss it. Gibson are you moving it again? Reboso are you seconding it? Mr. Reboso: Yes. Mayor Ferre: All right Mrs. Gordon. Mrs. Gordon: To the Planning Department, does this covenant express the intent that the Department had in the recommendation for approval at the time e of the propopey, you firs ynou.wouldwhich removestated yourthat objections. Isrestrictions correct?were placedupon Unidentified: That is correct. Mrs. Gordon: Have you read the covenant? Unidentified: Yes, we have. Mrs. Gordon: You approve the Mr. Plummer: Excuse me, just for the back of my mind says I voted against the whole hearing again. I am sure I behind Omni i' Is that correct? Mr. Davis: Yes, that's correct. Mr. Plummer: What was the floor area ratio on it? Mr. Davis: In the covenant? Mrs. Gordon: The covenant says .5. Mr. Plummer: And there was no parking, because it is C-3. Is that correct? last Didn't I vote against this at themeeting? Unidentified person:Yes, you did. Mrs. Gordon: I should correct that to 5. instead of .5,,.,correction for the record, the floor area ratio is 5.--not .5. Mayor Ferre: We have a lir, Ongie, City Clerk: covenant? Okay. record, I am sure that something in the this prior. I don't want to go through voted against it. This is the small property gentleman who wants to speak. Your name and address for the record. Mr. Michael Wolf: Michael Wolf, 935 N.H. 72 Terrace. I am protesting in behalf of Harry Wolf who is the owner. Mayor Ferre: Harry Wall,.,,how is Mr. Wall by the way? 120 JUN 221978 mmia ME EMP NNW - 11111811,11111 Sib Wolf: e's pretty we].].. pie is up north tow. That's why he Can't be here. aytor Ferret Give hits tiny best. Mts. Gordon: Mr. McManus what floor area ratio is permitted in the C-1? Mr. Davis: C-1 is 2.0, Ma'am. Mrs. Gordon:Okay. What is permitted in Omni, with the covenants that are on it? Mr.Davis: Mr. McManus says about 3.6. Mrs. Gordon: Three, six? ?Ir.Plummer: There are 4,000 auto parking spaces, and this is proposed for none. Mr. Davis: No parking required is C-3. Mr. Plummer: I understand but the obvious answer is they are going to have to use Omnis parking, because Omni has the rest of the property completely covered. Mrs. Gordon: The department is recommending this in the manner it is being considered, which is a 5. floor area ratio without parking. Is that correct? Mr. McManus: Commissioner we discussed this with the attorney, and we believe that this is a fair and equitable floor area ratio. Mayor Ferre: Thank you. Have we read the ordinance? I don't think so. Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION OF E 86' OF LOT 1, BLOCK 14; MIRAMAR 3RD AMD (5-4) AND LOT 4, BLOCK 2; RICE AND SULLIVAN (4-64), BEING 1720 N.E. BAYSHORE DRIVE, FROM C-1 (LOCAL COMMERCIAL) TO C-3 (CENTRAL COMMERCIAL); AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF THE SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Passed on its first reading by title at the meeting of May 19, 1978 was taken up for its second and final reading by title and adoption. On notion of Commissioner Gibson , seconded by Commissioner Reboso , the Ordinance was thereupon given its second and final reading by title and passed and adcpted by the following vote: AYES:Rev. Gibson, Mrs. Gordon, Mr. Reboso, Mayor Terre. NOES: Mr. Plummer. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Said ordinance was designated Ordinance NO. 8825. -•.. etr.it7A Chan1e ZoningCClassification C-4 to255 N. E. 20th Terrace Mayor Ferret lake up Braman item 07 on first reading. An application by e the zoning of approximately 255 N.E. 20th Terrace from Motors to Chang Cr4 to C-1. Mr. Davis: Item 7 and Item 8 are interconnected Mr. Mayor. Department recommended the Planning Depart Are any objectors 5 objctors by objector? Mayor Terre: I want to read into the recur here on �17 as an pp Counsel, Zoning Boepresent one objectorrecommended 7 to s'' Anybody approval, i you rep present? Counse-, y � Okay. Is the proponent here? occuring Mayor, is item 7 and 8 are interconnected Commission of the rezoning At that Mr. Davis: What 1 sng_backttosthe Comma �y new sutomabzoU servicing. At for the heren hwt this manis Moto- first needed their. of zoning from C-1 to C- when Braman Motors for and got a change they p yellow othis time, yellow plus an additional lot which will be on item �f6 which is late As promised in ) wanted through n sh the west of that. have brought this back for a change -back Braman Motors does have control of these o s mnp• ni gfrmto this C-1. CommisThey theer need that they in zoning from C-4 to C-1. property in blue. a conditional use, in the p P Mayor Ferre: That was a commit ment that they stipulated? Mr. Davis: That is correct. By Covenant. Mayor Ferrel This is a result of that? it was necessary for Mr In making their application originally, which is in item them Davis: application, the lot to the west, 8. draw into the apPvocome back in for rezoning City the lot would not SoutherPlanning Department, No. Item No. 8,from C-4 to C-1 in Department, initiated this change of zoning with Braman on this rezoning Planning item #8• about the west half of b. Mr. Plummer: You are talking Mr. Davis: Plus 7,.•. Mr. Plummer: Did we change 7 also? Mt. Davis: Yes, sir, up to the zoning line. as I recall. Mr. Plug ; But we did it for a purpose, a in order to petition Vt. Davit: Because it is necessary to have that frontage for the change of zoning. Mr. Davis: Braman did bring back in their own petition on the 1st. This was Mr. Plummer: Okay. recommended by the Board end with no problem. Mrs Plummer: So in other words the people in 8 want to continue to enjoy what they had on a temporary basis? Mr. Davis: Yes, sir. Mr. Pl r: I think; we can approve 7 with no que&tion at all. Mayor Ferrer Marvin, you don + have any problem with 7? Do you have any problem 4 Read the ordinance. with it? Is there a motion on Item 7? 122 JUN 221978 AN OINANCE ENTITLED= AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OE MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 3,4,5 AND E 40' OF LOT 6, BLOCK 3; BAYSIDE PARK AMD (2-40), LOCATED AT 255 N.E. 20TH TERRACE, PROM C-4 (GENERAL COMMERCIAL) TO C-1 (LOCAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PART THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. DEFERRAL OF CONSIDERATION OF ORDINANCE- 40, R¢®uest Change Zoning Classification C-4 to C-1 236 N. E. 20th Terrace • Mayor Fevre: On Item 8,... Mr. Davis: Item 8 I think has been explained, unless you have further questions on it. Representatives of the owner of the property is at the other microphone. Mayor Ferre: I guess the way to do that is to get the proponent to speak first. Then,...you are the opponent. Mr. Joe McManus: Mr. Mayor and members of the Commission, Assistant Director of the Planning Department. Mr. Mayor and members of the Commission, we found upon review here that the planning fact you have currently before you, was euperceded at the time of the Planning Advisory Board meeting of May loth. In regard to the precise Planning Department recommendation,...and I would like to give you the fact sheet as actually reviewed by. the Planning Advisory Board. Unidentified person: May we have a copy also? Mr. McManus: Might note for the benefit of the Commission, the fact sheet I just distributed to you, is exactly the same as the one that was in your portfolio, with the exception t'nat the Planning Department recommendation was expanded. I would like to read that into the record.'The Planning Department recommended approval of the change of zoning from C-1 to C-4. The Planning Department previously recommended denial of any change in zoning'to C-4, quoting from the previous fact sheet, the zoning change from 0-1 local commercial to C-4 general commercial, community establishment of several incompatible land uses that could adversely affect residential development in the immediate area. The application if granted Mould exclude residential development which should be encouraged in proximity to Biscayne ;oulevard. Ny recommendation relating to the lack of any change in character and need for any additional C-4 has not changed at that time. Referring back to the or:. iral change of zoning, from C-1 to C-4.' Mr. Mayor and members of the Commission, this item first came to you as a part 123 .. .a. A 0'. 4A"/A of an application, which included the range of lots 3,through 7, in which the applicants Wished to be rezoned C-1 to C-4. On November 1, 1976, the Zoning Board recommended denial and the Planning Department recommended denial. We then moved to December 16, 1976, a hearing before this Commission, in which during the course of the presentation, made by the applicant for a change of zoning from C-1 to C-4, the attorney for the applicant, Braman Motors, made certain statements to this commission, and I will merely summarize 3 of them at this point. A statement was made that the application was signed by all the property owners, that a voluntary covenant has been executed by all fee owners and lessees, and further that they would voluntarily roll back zoning. The record of those minutes is not all that clear, but it was clear to the Planning Department, and it was our perception, that was clear to the Commission, that what was being offered to the Commission was an application for a change of zoning from C-1 to C-4, accompanied by a restrictive covenant, and that restricted covenant offered then to roll back the zoning back to C-1 after certain amendments had been made to the C-1 zoning ordinance to allow Braman to operate thier limited auto service business in C-1. That subsequently happened in April of 1977 by Ordinance 8638, which limited auto servicing in the C-1 district accompanied by auto sales and display in conjunction with auto dealers in the C-1 district. That being accomplished, the city then began to look to the attorney for the applicant, to petition for a rezoning. It was only in approximately of October of 1977 that it became clear as the attorney for the applicant came forward, that the property owner of lot 7, and a portion of lot 6 was not joiner in the application for rezoning/ I think Mr. Mayor and members of the Commission that brings us up-to-date. It is our perception that an application was made for rezoning, with the proper covenant with the intention of coming forward and asking you for rezoning back to C-1. Thank you. Mr.Marwin Cassell: Mr. Mayor, my name is Marwin Cassell, I represent and Howard Webb, the owners of the west 10 ft. lot 6 and all of lot 7,B1k. 3 of Bayside Park Amd. I think the proponent clearly stated one thing. The Minutes are not clear. They certainly are not clear, nor is your fact sheet clear. Your fact sheet says that Braman Motor Company and the owner of the aforesaid property, both verbally agreed to apply for rezoning. Our client was not present at the original rezoning,...did appear before the Planning Board, by counsel, and vehemently opposed this request. Mr. Allan Gold who is here tonight, who was here for the previous roll back which was agreed upon, is here to so testify if we require. There was never any agreement or knowledge on the part of Mr. and Mrs. Webb, that there was ever "a deal" made to zone this property to permit Mr. Braman to use lots 3 and 4 for his repair, and then roll the property back to C-1. He may have agreed to this. This is his privilege --his prerogative. He came to our clients at the time, and asked them to join in because without them he could not get the zoning. It would have left them sitting there in the middle of a C-4 area. If you look at your map at the present time, the property to the west, or from here to the immediate left, is C-4. The property to the north is C-4. That line under the pencil is not the line of zoning. It is further over, that's correct. The lots you are attempting to roll back at this time are not out of order, remain in C-4,...has, suggested request been granted. It is very nice that the Planning Department would like to roll this back on their own motion, but they never asked for this. They never agreed to it. We ask that you consider the owners of this property, separately, away from this original transaction, original rezoning. They have been zoned, they are using this property. They intend to continue to use it, frankly at the present time, for parking, later on to tie in to the property to the west. But they are not spot zoned by staying C-4 and they should be permitted to remain C-4 Mrs. Gordon: Do they own the property to the west? Mr. Cassell: No, Ma'am, they awn the property to the south, it so happens, and to the east, south of Mr. Braman's property. They do own several other lots. Mrs. Gordon; I personally feel that Counsel has made very good points, and points that I myself feel are worthy of consideration. I move denial to the Planning Department's application. Mayor Ferre: There's a motion. Is there a second? I'llrecognize you in a moment sir. Mrs. Gordon: That's the proper motion if we are not going to roll it back. Correct? 1?79 1#1‘?.: Mr. bavis: yes, Ma'am. Mayor Verret Is there a second to the motion? Mrs. Gordon:There'e no second, but let me speak a little further to the application. The application faces property of like zoning, that it currently has. It has abutting zoning, of like zoning. The opponent did not join in the original application. Was there any covenant placed on his property? Mr. Davis: The covenant did not include those lots. He did join the original application by signing the application. Mrs. Gordon: Did he join in any covenants? Mr. Davis: No covenants. He did not join in any covenant to rezone it. Mr.Cassell: He had no knowledge of any covenants. Mrs. Gordon: Did he ever agree or say that he had promised he would proceed to go along with a roll back at some future time. Mr. Davis: This is where the Minutes are in doubt, Mrs. Gordon. Nobody has the memory of it. At least I don't, and the Minutes don't state it. Mayor Ferre: We have a gentleman that wanted to make a statement for the record. Mr. Drummond Paul: My name is Drummond Paul and I represent Mr. Thomas D. Herrin, and William A Herrin, who originally objected to the whole zoning. And in the discussion that come up, they wern't going the zoning. We went back and agreed with Braman's representative. There was only one person representing the proponent at that time, hold himself out as being the repre- sentative of all the parties interested. We came back with the agreement that we would accede to them being able to use their building for the purposes they wanted, with the idea that everything would roll back after they got what they wanted. Now it may not be clear, but I can read to you what Mr. Traurig, who represented the proponents came back with at the time. "Mr. ,'Is there something pending? What happened Mr. Traurig? Is he here? Mr. Traurig:I am happy to announce to you Mr. Mayor that Mr. Herrin and Mr Paul have been extremely cooperative, and we have offered to do this, revise our restrictive covenant, so that prior to the time you have the second reading, will proffer to you a revised restrictive covenant, cotaining not only these terms but the following items: One, we would limit the use of the property so we would not have a paint shop, Two, we would limit the use so that we would not have a body shop, three, that we agree that at the time the City completed revision of C-ordinance we would voluntarily submit an application to roll back the zoning on the property so that the City wouldn't have, on its own application do that. At that time there was only one representative of the proponents of this change, that was Mr. Traurig's office who represented the whole thing. There was, no other attorney here so he inferred or held out to the fact that we accepted the fact that he had good control, and this was the agreement we entered into and on that they have granted and got what they wanted. Now, they are back. They have done part of it,but we haven't got it. You are going to leave another C-4 zoning in here which nobody needs. And the property that joins here is C-1 but it is used primarily as residential property. C-4 would allow a lot of objectionable uses of that property. So we submit, and we are not the proponents, but we are for it. If the Commission can remember what happened on that date, I think they should be for it. Mrs. Gordon: Which property sir,....which owners are you representing? Mr. Davis: Mr. Herrin's property is to the south of the affected Mayor Ferre: Counsel is here, representing Mr. Herrin, objecting the original. Mr. Paul: There is only a 15 ft alley between us and the property. Mr. Alan Gold; Mr. Mayor and members of the Commission, for the record My name is Allan Gold, with the Greenberg,Traurig ?awfirm, representing Mr. Draman. 125 AMMEM MENEM M. Alan Cold: I was involved in this (natter from the beginning and here at the Commission meeting when the proceedings occured, and I think 1 can relate some of the history that maybe will put it in perspective. If you recall, this matter first'arose, because unfortunately the time the building permit was issued, for the rear of the Braman Motors building, that was the Rolls Royce BMW Building for a service area. And in the knowledge of the City,... the lack of knowledge of the city and also Braman,...tihat area was not specifically zoned for that use. As a result Braman was in a bad fix. He had to have that service area, to service BMW's and Rolls Royce,...he couldn't do it accross the street and we went to the City to ask for help. We were told, and legitimately so, that you couldn't get a variance, you couldn't get a special exception, because at that time none were in existence under the applicable zoning to allow it, and the sole means for coming in for help would be for a zone change. To have a zone change, we had to ask Mr. Webb who owned the property adjacent to the C-4 area, to join in the application with us, and we did. I might tell you that Braman at that time, recognizing that C-4, so close to the Boulevard, would be objectionable to the Planning Department. On its own, voluntarily filed a covenant running with the land, on the Braman property solely, which is that shown in yellow, and that covenant said that even though that we have C-4 zoning, will limit the uses solely to C-I uses, with the exception of the area for service. When the matter finally came before this commission, and Mr. Drummond, in behalf of Mr. Herrin, raised the objection, which he raised below the Planning and Zoning Board, we said, we think we have a solution. We will agree to purchase Mr. Herrin's property, that is, Braman will purchase, in the event that the Webb property is zoned for C-4 uses and actually used that way. We did this for a very specific reason. We represented Mr. Webb's position because we filed the application with his consent, and we vigorously argued at the Planning and Zoning Board level that the zoning would be proper at that level, and I believe that was true here. However at the time this matter came before the Commission, the Planning Department had recommended that the proper way to go would to be have an amendment to the zoning code to allow for the special exception. We agreed but we said we have a problem because of our immediate need for the use. So the understanding was, that we would then amend further our declaration of restrictive covenants to promise that on the Braman property, and it was only for the Braman property, and the legal descriptions tendered only for the Braman property, we would come in and voluntarily file the application for C-4 to C-1 zoning, which we have done. And we also promise that we,... Mayor Ferre: Wasn't that Item 7? Mr. Gold: Yes, sir. That's item 7 which has just been approved. Mayor Ferre: That's past. Now we are on Item 8. Mr. Gold: But I think it is important to understand what representations were made for Braman and what representation were made, or could have been made for Webb. Our representations were solely for Braman, because that's all the authority we have. As to that portion, we amended the covenant, saying that we would file for the rezoning, which was approved, and also request a special exception, which we were granted. We never, in any time, meant to imply or suggest that Webb joined in this, or would join in the covenant. Mayor Ferre:I see. Mr. Gold: And the reason why we thing this is clear in the record, even though the transcript is muttered, is because we promised to purchase the Herrin property in the event, .. Mr. Davis: May I clarify one thing Mr. Mayor, Mre, Gordon: Which one is Webb. Mt Gold; Webb is the one subject to Item 8. Herrin is the objector next door. Mrs, Gordon; Herrin is the one across the street? Mr. Gold: Yes. We promised to buy the Herrin property, 126 6IUI 001070 Pik Mayor Ferret The thug 1 don't understand, and let be ask this, perhapa you can clarify it, Joe, is, this all dealt with Lots 4,v, & 6 which r ae Item 7, t4ow, how can we get involved in the half of Lot 7,.. . Davist...what I was about to state Mr. Mayor. Mayor 'erret,..all of 7, which wasn't in duscussion, and I don't understand bow all of a sudden the Webb property,.... ter. Davis:...it is necessary in order to file this petition legally, because in order to file a petition for change of zoning, you either have to file for that zoning which you abut, or you must have 200 ft. of frontage, in order to comply. They did not meet either one of these qualifications unless they included lots 6 ill 7. Now, therefore Braman Motors contacted Webb and asked him to come in on this application and sign an affidavit stateing that they represented Webb in this change of zoning. Mayor Ferre: I see. Mrs. Gordon: And agreed to buy that property. Unidentified person: The Herrin property. Mr. Gold:..jn the event that the Webb property was used for C-4 purposes. 127 t1IN 991Q7A Mayor ?erre: The point then is that Webb does not want to sell the property and therefore was not party to any of this,....it says, why you should just leave it the way it is. You don't really care, do you? 'Mr. Gold: Well, let me say this, we care, because we have an interest to buy the Yerrin property, if this is actually used for C-4. But not withstanding that, we think we have an obligation on behalf of Webb, since that is the position we represented. To make very clear, that we never in any way committed for Webb, and if in fact the C-4 remains, and the C-4 use is made of the property, then pursuant to our commitment, we will buy the Herrin ? property. Mayor Ferre: Okay. I think I got the picture now. Kind of confusing isn't it? Ceunsel, we hate to do this to you, but we always have a rule here on the Commission that whenever a Commissioner feels that he or she needs to see the property, because it is not very clear, that we go along with that. Mrs. Gordon: I would like to be furnished as many transcripts as you may have pertaining to this item. Mayor Ferre: We have never broken that rule, so Mrs. Gordon is completely entitled,... Mrs. Gordon: We want to be fair to all parties concerned, so the best thing to do is be as cooperative as we can. Mayor Ferre: Mrs. Gordon moves this item be deferred to the next meeting. Upon being seconded by Rev. Gibson, a motion to defer to the next aeeting was passed and adopted by a unanimous vote of the Commission. 41. FIRST READING ORDINANCE Change Zoning Classification R-3 to R-C N.W. 10th Avenue between 14th Terrace & 15th Street Mayor Ferre: Are there any objectors present at this time? Mrs. Gordon; I move. Mayor Ferre: Would you tell us what it is for? Mr. Plummer wants to know. Mr. Davis: Pardon me sir. This is to enlarge the parking lot without having restrictions of setbacks that are required in R-3. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 3,4,& E h OF 5, BLOCK 7; SUNNYBROOK 2ND ADD (43-38) AND LOTS 17, 18 & E 3i OF 16, BLOCK 7; SUNNYBROOK 3RD ADD (43-72 )AND S h OF THE RIGHT- OF-WAY OF N.W. 15TH STREET, BEING N.W. LOTH AVENUE BETWEEN N.W. 14TH TERRACE & 15TH STREET (WEST SIDE) FROM R-3 (LOW DENSITY MULTIPLE) TO R-C (RESIDENTIAL OFFICE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY PROVISION J U N -, 7 128 tit►t no107Q Was introduced by ComMissibner Gordon and seconded by Commissioner pier and passed on its first reeding by title by the following vote: AYES; Commissioner Rose Gordon Cotm .asioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. ?erre ti0ES: None. The City Attorney read the ordinance into the public record and annoced that copies were available to the members of the City Com- mission and to the public. L.. 42. ACCEPT PLAT - ,v • .. 1'fIn0..V MARANATHA Secoffee Street and EmethIe Mayor Ferret We are on item #10 which is accepting the Plat entitled the Mararantha, at Secoffee and vmatha_la. The Plat Committee recommended, this was deferred at the meeting of March 16th. Mr. Davis: All requirements were met. A letter was forwarded to the Commission stating the position of the Plat and Street Committee in recommending this to the Boars and the Commission, and the precedents that were set on a required dedication of 25 ::t. radius from a gross 6,000 ft. plat. It makes the net plat less than 6,000 but the gross proffered and the dedication was required as a natter of public works standard. Therefore, as a matter of standards, the ... Mr. Reboso: I move it. Mrs. Gordon: That was a 10,000 sq. ft.--not 6,000. It was somewhat less than the 10. Mr. Davis: Somewhat less because of the radius, that was dedicated as a matter of standard. Mrs. Gordon: This was a deferment on my request with regard to the radii and I have fully investigated this. I really don't like what is happening, but I do recognize that this does have a larger number of square feet than the R 1 which was previously the zoning on the property. So I remove my objection to this one. The following resolution was introduced by Commissioner Reboso who moved its adoption: RESOLUTION NO. 78-435 A RESOLUTION ACCEPTING THE PLAT ENTITLED MARANATHA, A SUB= DIVISION IN HE CITY OP MUAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANANGER AND THE CITY CLERK TO EXECUTE THE PLAT (Uere 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; Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mayor Terre. NOES; Done, ABSENT; 2tone. ASSUMING; Noss, 129 BRIEF DISCUSSION AND TEMPORARY DEFERRAL 43. OF PLAT ACCEPTANCE- BAYSHORE VIEW See Item 49 tater same meeting Mayor Ferre: We are not on item #I11. Mr. Plummer: Mr. Mayor I am not a lawyer, but during the break I went into my office and what I read here, obviously the City Attorney is unaware of, ....of a,..I have been hit with a restraining order from hearing this item, and so have you, and Reboso, and Gibson,... Rose got off on this one. They don't love her. Excuse me, sir. Mr. City Attorney, I give this to you sir. Mrs. Gordon; May I ask who put that restraining order,... Mr. Plummer:Tigertail Association. Mr. Alvarez: Commissioner, this item 5 o'clock this evening, and the City Mayor Ferre: You are going too fast. order? was heard before Judge Klein at prevailed. I don't understand. Who put a restraining Mr. Alvarez:Lantaff went into court asking for a temporary restraining order, preventing the Commission from hearing this matter. Mayor Ferre: I wasn't given anything like that. Mr. Alvarez: It was heard, but it is irrelevant now. It is a moot question. The appeal was denied by the judge. Mayor Ferre; What was it based on. I don't understand. Mr. Alvarez: The basis are stated on the complaint. Mayor Ferre: The Tigertail Association wanted to restrain the City Commission from hearing the Plat Committee recommendation? Mr. Alvarez: Mayor Ferre: Mr. Alvarez: Mayor Ferre: Mrs. Gordon: Mr. Alvarez: Mrs. Gordon: Mr. Alvarez: From approving it. For what? From approving it, from hearing it. That's a new wrinkle, isn't it? Are we permitted to have any conversation? Sure. It was denied. Pardon me? Their request was denied. a Mr. Davis: For the Mayor and Commission's information, this was deferred in order for the neighborhood to be notified. My department did notify all property owners within 375 ft. of this property as long as 10 days ago. Mrs. Gordon: Did the Environmental Preservation Board hear it or review this? Mr. Davis: They would not hear or review this Ma'am until a building permit was requested on one of the lot. Mrs. Gordon: But in the memorandum which I have that Mr. McNan#ssent out, it reads as follows in the last paragraph,'The subject property is within an environmental preservation dietrict,but need not be reviewed by the 139 MEIN 2 197B 11111111111 Ork Environmental Review Board until development activity occurs or, material change in the use or appearance of any structure, or Sand..use character. Mr. Davis: That is exactly what I am saying. Mrs. Gordon: That pertains to vacant property where a potential plat is being considered, which considerably the alter the character of that area. W. Davis: Well, it doesn't considerably, -at least in the opinion of the Plat Committee at this point, it didn't considerably alter the character of the use, Ma'am• It is still R-1. So the purpose of the Environmental Review Board, is to review the situations when it comes under permit, but it is not necessary according to the way it has been ruled on so far, for it to be reviewed until permitting situation comes about. There is nothing for them to review. They don't know where the building is going to be, they don't know how it is going to be changed. Mrs. Gordon; But they know they have made a recommendation that the plat would permit a structure to be 15 ft. from S. Bayshore Drive. They realize that certainly don't they? Mr. Davis: Yes, Ma'am. Mrs. Gordon: And you want to say that does not materially change the land use character of land. Not the zoning, but the character. Mr. Plummer: Wait a minute. You are not going to hold my but in contempt of court. Rose this thing here says I am not going to listen to this, and until this thing is determined,....you got something in writing? I got hit with a subpoena baby and I want something else in writing. Mr. Alvarez: You wish to call the Judge. It was at 6 o'clock this evening. Mr. Plummer: Let me tell you something. See what that says? Father says black and white don't lie. That's green and red. Merry Christmas: I was hit at 1:45 this afternoon,...saying you ain't going to hear it. or Mayor Ferre: We are going to put you under oath now, and all that stuff. Plummer, your City Attorney just told you he went to court, and this is on the record. Are you saying you question whether or not he is telling you the truth? Mr. Plummer: No but I hear the City Attorney telling you in my left ear that there's a chance that things aren't legally over. Is that what I heard you say? Mayor Ferre: Let's get this clear. Mr. Plummer: You damn right, let's get it clear. Mr. Rice: Mr. Mayor could I interrup? Mayor Ferre: No, Mr. Rice. Mr. Rice:...because I was there. Mayor Ferre: You may not interrupt. I will give you an opportunity to make a statement in a moment. The question, Mr. City Attorney is, very simple, Mr. Plummer was served,...you have the papers,...went to court at 5 o'clock, this matter was heard. The matter cleared,are you advising Mr. Plummer that he can listen to this? Yes or no. Mr. Alvarez: Yes. Mrs. Gordon: Are you saying to just listen, or are you saying they can take action? Mr. Alvarez: i am saying yes, go right ahead, the injunction was denied by the judge. JUN 2 2 1978 131 ...... .16e. .,1"/o `.. PiUMMett Let me clarify fot the tedord, . understand what you Said but did you see this/ Mr A1vater t Yes. Mt. Pitmmter: Is not this a restraining oMet/ Mr. klvarez: No. Mr. Plummer: Or a petition for a restraining order/ Mt. Alvarez: That is a petition.... Mr. Plummer: And this is not, in fact, a restraining order issued by.... Mr. Alvarez: No, that is their request for it. Mayor Ferre: All right, Mr. Rice, did you want to say something more than you have now? Mr. Rice: Yes, that is not a restraining order that you received it is merely a service of process in which there was a mandamus, a declaratory decree... injunction which we had the hearing and I intervened and.... and Mr. Marks was the attorney and he'll tell you that it was denied. Mr. Marks: I will so affirm that it was denied although the case is still pending. Mayor Ferre: Okay, Mr. Plummer won't go to jail will he? Mr. Marks: No, he will not go to jail for hearing this. Mayor Ferre: For now, maybe tomorrow that's different. Okay, proceed if there is something to proceed with. Rose, what do you want to do? Mrs. Gordon: What am I going to do? Move for denial. No, I'm ready to hear, what, if we are supposed to hear or we can hear let's hear what people have to say but I think we have to recognize the fact that this is not just an ordinary plat. This is not just an ordinary situation. I believe that the Planning Department has errored in this case in allowing this to proceed in the manner that they did and this application has many flaws in it not just one, but I'm not going to monopolize it at this moment. I'd rather hear from the public and from the applicant. Mayor Ferre: How many people here wish to speak on this? Oh my goodness, we've got about 34 people that have raised their hands. Let me ask you a question, there are 34 of you, I'm sure that a lot of you are going to say the same thing. Can't you all kind of gather together if we take a few minutes and just select five spokesmen? You want everybody to be heard, all 34 people, is that right? Mr. Marks: I think we're agreeable as opponents to the plat to have some limit to the number of speakers. Mayor Ferre: How much time do you need? Mr. Marks: If the proponents would do the same. Mayor Ferre: Marty, what's reasonable? Five minutes a piece times 34? ... Mr. Rice: I may add, Mr. Mayor, that the court has denied the injunction. He was presented with the opinion of the City Attorney and the Planning Board and everything else that's here. Mayor Ferre: I understand, Jack, but nevertheless... Mr. Rice: And the court says the Commission may proceed. Mayor Ferre: I understand. Mr. Rice: The City Attorney's opinion is that we're entitled to it, Mayor Ferre: That's right, 1 understand all that but nevertheless I think this Commission hoe always permitted the public to speak on items even when they're not entitled to speak. So let's proceed. lea Marks: Mr, Mayor, we would take exception to those coMMents. Mayor Terre: Yes, well let's proceed with all this and I'll tell you what, unless t waive you otherwise I'm going to give you each three minutes. NOW there are 34 of you, if any one of you want to give up somebody else's three Minutes to somebody else that's all right but otherwise you have three thin.. utes which will keep us here for about an hour and a half if we trove quickly. So start with the clock. If you want to get somebody else's three minutes that's all right with me. Mr. Marks: Do you want to start with opponents or proponents? Mayor Ferre: I don't care how you do it. There is no proponent or opponent in this proceding. Mr. Rice: That's right, i think we're entitled to it. I would like to re- serve time for rebuttal if there is anybody speaking against us. Mayor Ferre: We'll allocate equal time on both sides. You'll have your hour and a half too. Ok. Mr. Marks: We're going to try to limits our's if we can, if you'll give us a moment to get a little organized. Mayor Ferre: All right, let's do this, I think we've got some other house- keeping things we can take up. Will all the people that want to speak gather in the back of the room over there and see if you can organize your - Or self. Those that are opponents on this side and those that are proponents on that side and see if you can kind of make a little tears effort out of this thing. Thank ou, Mart . 44. ACCEPT PLAT DETTYS ISLAND N.W. l7th Avenue & 17th Court Mr. Davis: There is a speaker on Item 12, sir. Mayor Terre: All right., sir, are you an opponent? ... It's a plat, it's a re -plat. 'Mrs. Gordon: Betty's island was a plat that I asked to be deferred because we were deferring all plats to come up at this time of the zoning hearing which is tonight. It wasn't being deferred because I found any objection to it and I don't find any now so I'm moving approval, a resolution to approve. Rev. Gibson: Second. Kr. Don Massey: Mr. Blake, you still plan just to build one home on it? Mr. Blake: Yes, sir. Mr. Massey: Okay, I'm in favor of Mr. Blake building a single family home. Mt. Plummer: I don't want this gentleman walking away, this is a plat which allows Mr. Blake to do what he wants. Now you have indicated that your in- tent, ok, so don't you walk away from here with any misconception sir. We are approving a plat not what is going on the plat, merely the plat. 133 lb MI 09iQ7 NW- The follawing teaolution was introduced by Commissioner Gordon, who moved its adoption RESOLUTION NO. 78-436 A RESOLUTION ACCEPTING THE PLAT ENTITLED BETTY'S ISLAND, A SUBDIVISION IN KZ CITY 010 MTAMI, FLORIDA; AND ACCEPT'. INN THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING THE CITY MANAGER AND cm CtERc TO ExECUTE THE PLAT, (Here follow 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 :lose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Mauric= A. Ferre NOES: None. 45. GRANT CONTINUED • C a 9 WAIVER OF DEVELOPMENT OFF STREET PARKING SPACES Pan American Hesaitai 5959 N. W. 7th Street Mayor Ferre: ia::: uP :tern 13. Mr. Bob Davis: There are no problems with this one, Mr. Mayor, this has been reviewed yearly for several years. Mr. Plummer: Is this a complete elimination of review? Mr. Davis: No, sir, not unless you so wish it. Mr. Plummer: Well, how long is it for? Mr. Davis: For a year. Mr. Plummer: :t doesn't say that. me. Davis: It should be for a year unless you otherwise state. Mr. Plummer: Well, but you see, that's the point. How many years has this 'even done? Mr. Davis: Since 1973. M . Plummer: All right, I think it has been established that this is not necessary to co •_n a yearly basis. Now let's quit causing ourselves some problems. Mr. M yor, I would move that this be done on a five year basis, they have established over a five year period that they've not created a problem and we bring it back up for review in five years rather than one. Mayor Ferre: All right, there is an amendment by Plummer, is that acceptable to Mrs. Gordon? Mrs. Gordon: Yes. !Mayor Ferre: And to the seconder, Father Gibson? Rev. Gibson; Yes. Mayor ?erre: Cell •he ro1;L as amended. 134 JUN 221978 f The f611.OWing f601i tiOn Was it tfoduced by Commissioner Gibson, who Moved ite adbptiOft: EESOt,UTION NO. 78, 417 A RESOLUTION GRANTING A CONTINUATION OF THE VARIANCE GRANTED SS' CITY COM24tsSION RESOLUTION NO, 73-899 FROM ORDINANCE NO, 6871, ARTICLE XXIII, SECTION 4(8) TO PERMIT CONSTRUCTION OF AN ADDITION TO HOSPITAL ON TRACT "A", PAN AMERICAN HOSPITAL SUB (76-66), LOCATED AT 5959 N.W. 7TH STREET, WAIVING 28 OF 274 REQUIRED OFF-STREET PARKING SPACES FOR AN ADDITIONAL FIVE YEARS, SUBJECT TO A REVIEW AT THE END OF FIVE YEARS, SUBJECT TO A REVIEW AT THE END OF FIVE YEARS; SITE ZONED R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. GRANT 1 YEAR 46. EXTENS.TON OF VAR:A►NC'E BABYLON APARTMENTS S. E. 14th Street do BaYshore Dr. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-438 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE X, SECTION 3(2)(d) AND 6, TO PERMIT CONSTRUCTION OF AN APARTMENT BUILDING (THE BABYLON APARTMENTS) ON LOT 5, BLOCK 2, POINT VIEW AMD (2-93), BEING CORNER OF S.E. 14TH STREET AND SOUTH BAYSHORE DRIVE, AS PER PLANS ON FILE, WITH 15' SIDE YARDS (20.83' REQUIRED), AND 34% LOT COVERAGE (24% PERMITTED); TO: (1) DEDICATION OF ALL OF OUT - LOT #5, AND OF THE 10' OF LOT #5 ITSELF ALONG THE RIGHT-OF-WAY OF S.E. 14TH STREET, (2) FINAL LANDSCAPE APPROVAL BY THE PLAN- NING DEPARTMENT; ZONED R-5 (HIGH DENSITY MULTIPLE DWELLING): GRANTED BY ZONING BOARD RESOLUTION NO. ZB 228-77. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 135 J U!•! " 1978 tow n r. inrrn GRANT S. YEAR 47, CX1'ENS!ON Gl` VARI?i! Cii BASCOf1 PALMER EYE INSTITUTE 900 V. W. i7tu Street The following ranolut on was intrcdt c iw, COmniscioner Gibson, who moved its adoption: RESOLUTION NO. 78-439 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED Ri ,- ., C , -,r+" :: I . « T- N 4(1) (a) , AND LIS l.L IN Oc,.,tllVtsaiC•, NO. Gu;S ��.`ti..1C,..;.e>:, i:Ii. Sr.C.SiO, ARTICLE '}.7AxI1, SECTION 4(12), TC PERMIT AN AUDITORIUM BUILDING AT 'i'HE BASCOM PAIR EYE INSTITUTE AND BRIDGE PROM SAID AUDI-- TORit •i TO TEE EXISTING L'UILBING ON LOTS 1 HRU 5 AND 24 THRU 28, LESS 7715° OP LOT 1 AND 2G, BLOCK 22, HIGHLAND PARK (2-13) TOGETHER WITH THAT 10 Ws..'i3 77--s ALLEY LYING BETWEEN AFORESAID LOTS 1 M :U 5 NNOWN AS TRACT "6" Or T.P. #7S7-B "JACKSON MEMO- RIAL HOSP TAIL TRACT ADDITIONS", A3 PER PLANS ON FILE, WITH 10' REAR (ZO '. H) SETBACK (.7.:5' a:,;7,uiED) . 4.06 FLOOR AREA RATIO (2.0 PERMITTED), AND WAIVING 613 OF 513 REQUIRED OFF-STREET PARKING c,PR."DS, AND S.,3...C_ TO THE RECORDING Or THE ABOVE TENTAT7VE PLAT; ZONED C-1 (LCC1.., O;d:,2?CIAL) ; GRANTED BY ^ZONING BOARD RESOLUTION NO. ZB 4-73. (Hein :. c-gs body c2 reso u`::;.o'; , omitted here and on file in the the City Clurr:. Upon being ._._ : n.'l?i:. by j. Commissioner liummer, :the resolution was passed and adopted by the *Ie ioc i rt : o AYES: Comri::sijn r Rose Gordon Coat7izz_ ••u :7. L. P3i.:.nmer, Cr. Coamisoner (:rev.) Theodore Gibson Vice -Mayor Mandlo ": eboso N«.v7•r :', Frr` e • NOES V 3 VARI, dOZ-Tract C of TP 994-A � t YEAR.. r b: COND I NAL USE 9-story t. b l dE. 48. EXTZNS:oNS icy VAR1A CE - Ltt Coverage A c% B DOUGLAS °::r,RDE'S NOISING The fcllQ i.: raso1ut .cn was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-440 A RESCLC, a i0W GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE RS LISTED IN ONDINANCE NO. 601, ARTICLE VIII, SECTION 1(11)(d), TO PE_. I.2 CON5TRUOTIO+ 0 F: •-:TOR`•' APARTMENT BUILDING TO BE USED AS A PART OF Z i IAMI JEWI H NOME AND HOSPITAL FOR THE AGED ON TRACT 'A" AND "B" Or TENTA.'I'. PLAT 094-A "DOUGLAS GARDENS HODS- G 1L'IEG 151 N.E. 32ED STREET AS PER PLANS ON FILE AND SUBJECT TO SIC k BC'ORDfl G OF SHE TENTATIVE PLAT; ZONED R-1, R-2 AND R-4; PORTIO E = ED .-1 A.1.D R-2 7CPOSEt:. TO BE REZONED R-4. THIS CON- U IN CONZTUNCa'.tW U TH : (A) STREET CLOSURE APPLICATION AND sl:?aNt"..,' P'3"'ITI07. ?O ? a NJ %INiMUN WIDTH LOT tKNOWN ASTRACT "C" AS PART C : ' t'... vt. N T !: P�..'-. tit _ 1"T OV;.;.,:r OF TENTATIVE i,�ATI Y E PLAT :R994-i:; VF._.. o..,►. LOT COVERAGE; AND (C) CHANGE OF ZONING •.T7 .. .."�•.'� PAn E C:' rn .:=:C":S c' k r' AND "• " L14+t .,...JU �:it.= a.. � .ems. a a _ .. :a �l./ 3 OF TENT4TVE PLAT k.I.994•-A; S BJ APPROVAL BY THE PLANNING oo _ o°.: .. so._4,_ai: a. t .ed Aare and on file in ;.i :_:2.ce of. '►n“ City JUN 2 1978 4 Mi 41') 107e Upon being secbh ed by Commissioner tlummer, the resolution was passed and adopted by the following vote., Commissioner Pose Gordon Commissioner a. L. Plummet, Jr. Commissioner issioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: NOne. The following resolution was introduced by Commissioner Gibson, who moved itts adoption: RESOLUTION NO. 78-441 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE VIII, SECTION 6, TO PER- MIT CONSTRUCTION OF A 2-STORY STORAGE BUILDING AND A 9-STORY APARTMENT BUILDING ON TRACTS "A" AND "B", TENTATIVE PLAT #994-A "DOUGLAS GARDENS HOUSING" BEING 151 N.E. 52ND STREET, AS PER PLANS ON FILE, WITH A 28% LOT COVERAGE (27.5% PERMITTED); SUB- JECT TO A CHANGE OF ZONING TO R-4 ON PART OF SAID TRACTS "A" AND "B" AND SUBJECT TO THE RECORDING OF A TENTATIVE PLAT #994-A; PROPERTY ZONED R-1, R-2 AND R-4, PORTIONS ZONED R 1 AND R-2 PROPOSED TO BE REZONED TO R-4. THIS VARIANCE IN CONJUNCTION WITH: (A) CHANGE OF ZONING PETITION TOR PARTS OF TRACTS "A" AND "B"; (B) STREET CLOSURE APPLICATION AND VARIANCE PETITION FOR A SUB -MINIMUM WIDTH LOT KNOWN AS TRACT "C", AS PART OF THE CONDITIONS OF APPROVAL OF TENTATIVE PLAT #994-A; AND (C) CON- DITIONAL USE PETITION FOR CONSTRUCTION OF A BUILDING IN CON- NECTION WITH AN INSTITUTION FOR THE AGED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 78-442 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 11 (1), TO PERMIT REPLATTING OF A LOT KNOWN AS TRACT "C", WITH A 150' AVERAGE WIDTH (60' REQUIRED), IN CONJUNCTION WITH TENTATIVE PLAT *994-A "DOUGLAS GARDENS HOUSING", ZONED R-1 (ONE FAMILY), R-2 TWO FAMILY). THIS VARIANCE IN CONJUNCTION WITH CA) A STREET CLOSURE APPLICATION AS PART OF THE CONDITION OF APPROVAL OF THE ABOVE TENTATIVE PLAT, (B) VARIANCE PETITION FOR LOT COVERAGE, (C) CHANGE OF ZONING PETITION FOR PARTS OF TRACTS "A" AND "n", AND (D) CONDITIONAL USE PETITION FOR CONSTRUCTION OF A BUILDING IN CONNECTION WITH AN INSTITUTION FOR THE AGED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None, 131 • • •.. n n 9A'70 • CONTINUED DISCUSSION AND DEFERRAL 4O. CITY ATTORNEY TO RESEARCH LAW aQ oDollld PLAT BAYSHORE VIEW Mr. Brian Mark: Mx. Mayor, my name is Brian Mark. I represent the Tigertail Association, the Coconut Grove Civic Club and the Bayshore Homeowner's Associa- tion.... Mr. Plummer: Brian, it is only fair that the proponents be in the room when he is speaking, Mr. Mayor. Mayor Ferre: Being what? Mr. Plummer: Mr. Rice and doctor are not even in the room and I think they should be here to hear what the man has to say. Mr. Mark: Well fine, I'm not going to open until they're ready. .... I simply wanted to say that we have limited the number of speakers, we've cut them back from more than thirty-five people to approximately eight people and we hope that by doing this you'll allow us a little more than three minutes per person in order to make our comments. Thank you. Mr. Plummer: Let's send them back one more tine. Mayor Ferre: Are you ready, Nor. Rice? Mr. Jack Rice: Yes, we have about six or seven but their comments will be short, there are four of then. Mayor Ferre: Well, how do you want to play this, who wants to start? Mr. Rice: I think they're opposing it and the City is for it, I assume. Mr. Mark: We're going to find out I guess if the City is for it or not, that's why we're here. Mr. Rice: They should be for it. Mayor Ferre: All right, you proceed, let's take five minutes per speaker. Mr. Mark: Fine, let me just make some opening comments and see how these people... Mayor Ferre: Keep a running total, five times eight is forty so let's say you've got forty minutes and you allocate it any way you want and everytime five minutes goes by.... Mr. Mark: I assume we're going to allocate the same amount of time for the other speakers. Mayor Ferre: We have to do it that way, I can't do it any other way. Mr. Mark: Fine, thank you. What Commissioner Plummer was speaking about earlier, this petition was filed today as some of the Commissioners I'm sure know in an effort to stop the Commission from approving this plat this evening. The reason that the Tigertail Association and the other civic associations felt that this type of action was necessary was in order to in some ways we hope to protect the Commission, to protect the public from having a plat approved on what we believe to be faulty legal grounds. The City Attorney on January 27, 1978 and the Assistant City Attorney, Mr. Michel Anderson who is no longer with the City Attorney's Office gave an opinion of law to Mr. Robert Davis upon his request which in part stated or made some references to their opinion as to the con- struction of an ordina.:.ca which has greatly affected this plat that you're going to review tonight. Their opinion which we can show to the Commissioners basic- ally says that although there is a setback requirement for homes along the South Bayshore area between the es:ea of Aviation and Bmathala along South Bayshore rive if a developer was able to cut a private road into this property and faces homes along this private road that they would no longer have to be constricted to the setback requirements that are applied to the hones that are now along South Bayshore drive. The re uirement in Section 43 of the ordinance that Peftaiha here *aye that shy bode being built has to be no closer to South Bay= shore bfive than the average of the buildings already constructed within 200' on either side. By cutting a private road through the land and by facing the hale On that road it was the opinion of the City Attorney that this would no longer apply and that, therefore, a developer could put lots in and build he es within 15' of South Bayshore Drive. Now this is one plat of one estate home along South Bayshore Drive. Many homes along there still with the green space and the setbacks that make the toed so beautiful. Our opinion is that the ine tent of that ordinance cannot be changed simply by a loop hole, a legal mechan= ism that it was the intent at the time that this ordinance was enacted that the setbacks would keep the construction back up on the hill away from South Bayshore Drive and that there is a public purpose to that, that this Commission should be able to understand, I think the purpose is to keep Coconut Grove beautiful, to keep the historic site and to keep construction, development from becoming too clustered and too close to a busy roadwey. The court at 5:00 O'Clock when we went to cbtain this temporary restraining order refused to grant the restraining order. However, at the ea.-►e time this petition which the City Attorney says is now over also asks for declaratory relief. In other words let the court decide on who ie right, the City ettorney's opinion or our opinion as to the intention and as to the legal status of this ordinance. That is still pending. The court refused the lotions of both Dr. Rooertson's attorney, Mr. Rice, and of the City Attorney to dianiss the case. It ie pending and we could still get declaratory relief, get en opinion from the court which would allow this Commission to make a proper decision and we, of course, feel that the Commission has the authority to deny this plat tonight based on what is going to be given to you and I just simply wanted to put the record straight and set our case down. It is very im- portant, understand that this ?r. Plummer: You know what you're doing by doing that in my estimation? What you're doing by that action is solving an individual piece of property, you are not solving the issue which you are asking the court to solve for the entire tract so in m;; estimation regardless of what this Commission does this evening it only perta:.ns to one piece of property and still could bring in other appli- cations at a later date. Let the court decide if that is the way that they want to do it which would address the whole Bayshore as you asked for in the petition from Alatka to Aviation. Mr. Mark: Right. Mr. Plummer: So you know you're not really being fair with yourself when you say if the City Commission tonight denies. Mr. Mark: Well I'd like to make some closing remarks later, let me get some other speakers to give additional reasons and then we can maybe close with some other remarks about that. All right? Mr. Martin Fine: We should blink that at four minutes so I'd know I have another minute left. For the record my name is Martin Pine and I represent Mr. and Mrs. Fred Smith who own the property and live immediately adjacent to the property on which this application is filed. Firstly, may I respectfully submit to you that the Platting Committee lacked the authority to recommend the platting of the subject property since it is in direct conflict - that is direct conflict - with the Declaration of Covenants and Restrictions filed in Official Reference Book 2607 at page 369 which was then amended and confirmed by an instrument dated 12/15/61 recorded in the public records of Dade County. Now the applicant here is the direct grantee on the deed in 1961 in which one of the platters of the property recorded these covenants. For the record rather than .make general statements I'd like to submit them and ask that they be accepted. In other words that restriction says that the property can only be used for single family purposes. "Each of the above described three tracts can only be used for resi- dential purposes and for single family use." This plat is in direct contraven- tion of that provision. Now it is difficult to say to someone, "You lack author- ity to hear this case but I respectfully submit to you that the Platting Commit- tee lacks authority and you lack authority because if you pass it it is in dir- ect violation of a covenant set forth in that particular instance. Mayor Ferre: Counselor, is that going to be before the court now? NM. Fine: No. I would like to make it very clear that I'm not here in any court action. That is not before the court, to the best of my knowledge it was not raised but I think more..:aportertly it is before your commission and I took a moment before the meeting to chat c.'ith your Assistant City Attorney, I'm not sure that he was familiar wiz!: it, 1 suggest to you for many other reasons that I' .1 give you that you have no authority there. 9 JUN 221978 � � I I I n n 4119A Mayor Petet Well, Mr. line, We might be saving an awful let of tibe if, let'e say what the City Attorney responds to that. Mr. Alvarez? W. Fine: Don't count the five minutes, please, on that. !Mayor Ferre: No, we're not going to count the five minutes oh that. Mr. City Attorney, you are now going to be... Go ahead. I Wish = had somebody Whiepera, ing in my ear what to do. Mr. Jose Alvarez: Mr. Mayor, it is our position that it is not the duty, oblige.. tion of this Commission to enforce private covenants. Mr. Fine: Nor is it your duty or responsibility to violate them. Mayor Ferre: Wait a minute. Do you mean to tell me that there is a legal cov- enant on this property which restricts this from happening and it is happening anyway? I don't understand all that, you've got to clarify the legal of this for me. Mr. Rice, you were a very capable City Attorney but you're not the City Attorney now so I've got to go by my City Attorney. Mrs. Gordon: While they're conferring, Mr. Mayor, I would like to simply comment. If covenants are not an obligation of our attorney to investigate whether or not a land has a covenant then in that case what is the use of all the covenants we're asking people to put on property such as the previous one we had this even- ing? Mr. Alvarez: The bottom line is this: You do have jurisdiction to hear this matter and you have no business enforcing the parent covenants. You do have the jurisdiction and the enforcement of a private covenant is up to them to enforce and I'm sure they know how to do it, not before this Commission. Mr. Fine: Talk about an off-the-cuff opinion, I would say that is one of them with all due respect to counsel. You know the law is well settled in this state that a covenant that is recorded runs with the land and you can't abuse it. You may not have the obligation to attempt to enjoin it nor do you have the authority in my opinion to encourage the violation of it which your Plat Com- mittee did and obviously no one bothered tellint them about this covenant. Mayor Ferre: That sounds like the faith of our fathers, doesn't it? Mr. Fine: Well, I would hope it is, it is the faith of my client and this prop- erty and I think the faith of what the people have who bought land in this area based on that covenant and one of the women who platted that property is here this evening and she is here to see to it that it is enforced by her elected officials. She should and they should not be required to go to court. Mayor Ferre: Mr. Rice, don't sit down this is the time for you to come up and answer a very forceful argument by the opposition. Mr. Rice: Well, first let me say if the Commission acted solely on private covenants you'd never get any zoning done in the City of Miami. It is up to you as government officials to establish zoning as the needs of the community require. If there is a private covenant between property owners first of all you're not the body to determine the validity of a private covenant. If Mr. Fine is so sure why wasn't he in court with Mr. Mark today? Mr. Mark was there and argued the private covenant then. Secondly, the proposition of private covenants, it is the interpretation that I may have, he may have and the court may have. By the way, I might say we're only going to use this property for single family residences. That's the only thing we're using it for and that's what he said the covenant said. That's what we're going to do. Mr. Fine: Except there are going to be a lot of single family residences and the intent of the covenant was one. Mr. Mayor, in order not to.... Mr. Rice: I don't know any intent of the covenant, it's got to say that you can't build but one in every 200' X 500' lot. I don't know what it says and I don't think and it makes no difference to me what it says this isn't the forum that decides it. The forum is in the courts. Mayor Ferre: i just want to let you know that this time doesn't count, Ok. Mt. f ine t Me. Mayor i it shooks day dehsciende as a citizen let alone a lawyer to feel like the City Coiseion would Willfully violate a covenant. Now t thifk in all fairness the City Attorney was not afforded an opportunity to research thia question and all we're saying is we think before you make a final decision the City Attorney ought to hwe time to adequately research it and done back and tell you what the situation is. Mr. Dice: He did research it and I've got his opinion right here. Mayor Ferre: Wait a minute, Jack. Mr. City Attorney, has this matter been re- searched to your satisfaction, is your opinion a researched opinion? The City Attorney's opinion is a researched opinion, you have come to a conclusion on that? Mr. Fine: The reason we weren't in court, we have complete confidence in this Commission's good judgement as to how to be able interpret what an ordinance says, the covenant says: Mr. Rice: Well, I'm certain the court would have denied your right to proceed today if they thought there was any justice to the argument.... Mayor Ferre: Jack, that wasn't brought up for discussion. Mr. Fine: That wasn't raised in the court nor is it in that subpoena that Mr. J. L. was worried about. You're not going to go to jail, J. L., in my opinion, but it was not raised in that issue. Mr. Plummer: Marty, don't worry about it, if I survived six months with my wife on the Grand Jury and I didn't get indited I ain't really worried about this. Mayor Ferre: Well, what was the final statement that he made? Mr. Plummer: That he wants to make sure.... Mayor Ferre: All right, let's take a few minutes break and you talk about it amongst all the lawyers and all that and you come and give us a legal opinion. Thereupon the City Commission took a brief recess and reconvened with all = members of the Commission present. Mayor Ferre: All right, counselor, Mr. City Attorney, do you want to give us your considered opinion? Mr. Rice: May I just show you something before the City Attorney... Mayor Ferre: Well, what does that have to do with any of this, Jack? Mr. Rice: It was Mr. Smith when he subdivided his property and changed it. Mayor Ferre: Look, Jack, we're going to listen to the City Attorney's opinion and then I'll listen to your subdivision and Mr. Smith and all of that. Mr. Alvarez: Okay. Mr. Mayor, let's first distinguish three separate issues before you today. There are at least three issues that have been raised before you. One is as to your jurisdiction or power to hear this matter and I have already stated that you do have it. Secondly as to the restrictive covenants I've also stated that this is not the body, it is not your duty to enforce them and I'm sure able counsel knows exactly what forum to go to and how-to proceed about .t. Now, the third issue: It is very likely that they will take this natter to court - they already have as counsel has stated to you and they sought two avenues (1) a restraining order. That was denied. It was denied basically for two reasons: One is the ;udge did not see irreparable harm accruing to them and secondly the judge did not see a likelihood of theca prevailing on the merits. Now, before you is a proper petition. They have fulfilled the requirements and I'll go one step further - it is the administerial duty to approve the plat. Mayor Ferre: Hey look, I've served on this City Commission for nine years. A lot of times we disagree with what the City Attorney, and that man has been City Attorney, he's now City Attorney, we've had all kinds of City Attorneys from our present United States Senator, Richard Stone who was our City Attorney and I served here when he was our City Attorney and we have always right or wrong, and City Attorneys some times rule wrong and they go to court and lose it but this Commission usually always that r can remember has gone along with what its City Attorney rules. 141 J U 1C478 Mrs. Gordon: That's on one occasion where the attorney was wrong and he didn't think he was wrong and he reversed himself,Mr. Knox and that was on our insistence. This is another Case where I believe the attorney is wrong and I believe this Commission Would be wrong in moving into a situation that could produce some very bad affects upon an entire community, it would be much wiser on the part of this Commission to defer any action and to let nature take it's course in this particular case of courts. Mayor Ferre: What nature? You mean the courts? Mrs. Gordon: The courts, absolutely. I don't think this Commission should dare to move forward on a plat that is so disruptive to an entire neighborhood in an environmental preservation district such as this on a twist in the law which says private roads are different than publicly dedicated roads and I'm not so sure this shouldn't be a publicly dedicated road and if it was they couldn't plat it at all. And... Mayor Ferre: Now, yes, but the problem is that that's... Mrs. Gordon: No, but honestly Mr. Mayor, 1 just want to point these things out so that our Commissioners will realize that I'm not making snap judgements. I studied this area, I've worked in this area, I've been with the planning process since 1964, Mr. Mayor, you know that and my fellow Commissioners know that and I certainly would not take exception to this plat if it wasn't so devastating to Coconut Grove. And not just to the adjacent property owners, but to all of Coconut Grove, this is the end of the road for Coconut Grove if this plat is approved. Mayor Ferre: Alright? Mr. Rice: Could I just... Mayor Ferre: Yes, Mr. Rice. Mr. Rice: I want to show you where,this is Bayshore Drive down here and this is the property that's going to be... that's before you now to be replatted. This is Mr. Smith's property. Now, at one time every one of these trackS went through like that, they went from Tigertail to Bayshore. Now, Mr. Smith's predecessor in title or Mr. Smith- I don't think it was him, but it might have been -used to face on Bayshore Drive, in spite of the restrictive covenant now, he turned his house around or somebody turned his house around and it now faces on Calusa Street. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Rice: And then they subdivided this into these lots and put these houses on it. On this area here they subdivided all these lots, I remember when they put this street here and they put these lots here, these houses are just 200 feet from Dr.Robertson's property and they are only 15 feet. Mayor Ferre: Mr. Rice, you are not... you see, what is happening here is this, we were in the middle of hearing 8 people discuss this. Mr. Fine, has brought out a legal argument and we took a recess so that our City Attorney could rule on the statement made by Mr. Fine, he has since ruled and Mrs. Gordon has made a statement into the record. Now, you are coming up with something that has nothing to do with any of this and we have to come back to the legal Question and as far as I'm concerned as Chairman I don't see that we have any choice but to continue hearing this matter, Rose. Unless you want to make a motion- wait a moment, don't applaud because you don't know how I'm going to vote. Now, unless you want to make a motion to defer which I'm perfectly... you know, the Chair is open for any motions at any time, if you get a second vhat's something else. Mrs, Gordon; lir. Mayor, I'm perfectly willing to hear anything anybody has to aay, but at the termination of everybody's discussion I would then like to make the motion, not now I wouldn't want to cut-off debate. Mayor Parre: Ok? Fine? Alright. Now, Mt. Fine, we are back to you and you were interrupted about a half at hour ago and we were... I think you were about half way through, so you ptobably have another three minutes or so. Mr. Fine: tit going to be very brief because we've set out our arguments in a mtmorandum which I prepared for each of the Commissioners. Unfortunately, there isn't a plat to put on the wall, but let me show you why that restriction is there. These lots shown on the proposed plat as 5,6, and 7 were formally let 3 which is covered in that restriction. That restriction says you can only build one single family residence on that entire piece of property. This plat shows that if approved they could build 3 single family residences on that piece of property and that's why we are not raising that point as a vain -spurious issue but rather as an essential part of our argument and if We have to we would go to court, but we don't think we have to because we are coming here saying to you, it's in direct violation of that. Secondly, the special yard district requirements apply to all lots in the area, not just lets fronting on South Bayshcre Dr., it'L obviously the intent of your ordinance to see to it that that is preserved in that area and since other people will raise that I'm not going to get into it. 7= Environmental Preservation Review Board which this City Commission and is predecessors have established requires the developer to obtain approval from the board before plating of the property since that would be a material change in the property. Now, ask your City Attorney again, if that language isn't from your ordinance. It is from the Ordinance of the City of Miami that there is a material change. Now, what could be more material than replatting property? Because what you are going to rind is that not only the City has a ?reservation Review Board, but the State of Florida has declared certain requirements because of the silver -bluff nature of this area and some of these lots are smack in the middle of that bluff and under State Law cannot be used for the purposes for which this plat is asked to be approved by the County. So, again, you are being asked to violate (A) City Law (B) State Law, and I know you won't take the time and ask your City Attorney now, because I'm sure that would take too, long and I'm afraid... Mayor Ferre: No, no, no, now if you bring up a legal question I think it has to be answered by the City Attorney. Mr. Fine: Alright. Mayor Ferre: Mr. Plummer: Mayor Ferre: Now, I mean, you know, this is very material. Hold the minutes if you would. Alright? Mr. Rice: He raised that State Law in his petition and it wasn't argued. Mr. Fine: Now, we ought to get something very straight. My name is Martin Fine and I'm here with my associate Catherine Katz and we are representing two people, Mr. & Mrs. Fred Smith. I am not representing the Tigertail Association, I did not file that suit, I am not a party to that suit... Mayor Ferre: I understand. Mr. Fine: ... and Mr. school together and we another, so let's just I'm not, so we will go Rice knows that. And since he and I went to law are good buddies we are not going to argue to with agree that I'm not a party to that suit as you know from there. Mayor Ferre: Alright, you don't have to get any agreements. Mr. Rice: I don't know. Mr. Fine: Well, he knows because he was in court and he knows I wasn't there and if 11had been a party I sure as hell would have been there. Mayor Ferre: Alright. Now, we have another legal question that has now been- turn the clock off and Mr. City Attorney, give us a ruling on that one. ':f0 .JIIN 22,1978 Alvaree: Mr, M yor, perhaps it better if the Council *Ali finish his presentatiot► and i win address the points theu4 Mt. Plummer: Why go through all of his presentation if you tuie that he is fright? Mr. Alvarez: Well, so far I am not convinced that he is tight. Mayor Ferre: Well, but he brought up a completely different argument how and this is a legal argument, but I can't rule, if I were a lawyer or the City Attorney I would give you a rule. Mr. Plummer: Did you hear him when he first spoke? He says that our own ordinances say that anything with a material change has to go -before platting to the Environmental Board, you heard that and you don't agree. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Jack Rice: It doesn't say platting, he read platting into it. Mr. Plummer: Well, that's what I heard him say. Mr. Fine: You know, in all candor Mr. Mayor, I feel badly because I know you all have been here since so early in the morning and I imagine we are not going to finish the legal arguments tonight and only speaking for our clients I'm willing to proceed without getting an answer to that, but would like it clearly in the record that in my opinion your ordinance requires that it come before the Environmental Preservation Board before it is approved for platting by the Platting Committee or this Commission because there is a material change and we say that platting is a material change. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: .... I think that there is a lot of legal questions that have been coming out of all of this. Mr. Rice: Mr. Mayor, he is making statements. Mayor Ferre: Jack, we are not... sooner or later we have got to make a decision on this thing, but all of these things coming left and right, I'm not an attorney and I think these are questions that needs some very firm... Now, are there any other legal questions that you want to bring up for the City Attorney to rule on? W. Fine: Well, you know, this is going to sound very presumptuous, but everything that I'm going to argue tonight is a legal question. You see, even the setback requirement of 200 feet is a legal question, but those two are the most significant legal questions. Mayor Ferre: Marty, this is not a court of law, I'm not a Judge and we are not Judges up here, we are not even lawyers that I know of, but there is only one half baked lawyer here, he went to law school one night. Mrs. Gordon: I'll say. Mr. Fine: Mr. Ferre? Mayor Ferre: So, you know, you got to kind of address it through me to him and he's got to give us and then we've got to go by what he says. Mr. Fine: I'm willing to be bound by whatever you say, for this evening only. We reserve all the rights to you know, seek redress later and what we are really saying is I'm not trying to stymie this hearing and raise a lot big superficial issues, these are very basic gut questions. Mayor Ferre: I understand that, I wouldn't.., this I wouldn't have let you talked, Mr, Fine: Let me tell you why I didn't raise this Commission would be diaappoi.nted if it's If I thought you were stymieing it in the court of law. I think Plat Committee, unintentionally, I Vent to take it very clear) I think that the planning Staff of this City is outstanding, f think they are very fine, and I think they are fiery capable. I don't think they did anything malicious or intentionally wrong, I just think they made a bad mistake. Mr. Reboso: Mr. Mayor, I think.., Mr. Pine: And I would like to make it clear that I'td not actusitg anybody of anything but good faith... Mt. Rebuso: Too, late. Mr. Fine: ... but, bad judgement. Mayor Ferre: Commissioner Reboso? Mr. Reboso: It is too late, I think Mr. Fine, maybe have a point. I move to defer until the 27th, so our City Attorney has enough time to make a research of the plat. Mayor Ferre: Alright, I will accept that as a motion and there is a second to that. Mrs. Gordon: We don't have the Zoning. Mr. Reboso: The 27th, yes. Mrs. Gordon: in July? Mr. Reboso: Yes. Mrs. Gordon: I would certainly go along on a deferment. Mayor Ferre: Alright, but wait a minute. Now, alright, this has been moved and seconded, but I want please, Mr. Fine, because I don't want to come here on the 27th and then you say yes, but now there is another legal argument and then we are going to end up in this place all over again, so I want you to tell us all your legal questions, so that the City Attorney will rule on all the legal things you are going to bring out and any other attorney that's here who wants to bring out legal questions, so that when we meet here on the 27th we don't get on this merry-go-round all over again, Mr. Alvarez: Now, Mr. Mayor, I wish to have a commitment from the Counsel as to when these legal issues will be submitted to our office. Mr. Fine: Right now, this evening because we are very well prepared and we have them right here for submission to you. Mr. Alvarez: And that is it? Mr. Fine: No, no that's not it. This is one petitioner's legal questions and other administrative regualtions. I do not speak for Mr. Alexander, who is a member of the review board or other speakers who have the right to speak. Mayor Ferre: Alright, Mr. Fine, what 1 really would to do is for you to submit all the legal questions that you have, so that our City Attorney can give us a ruling on it and if there are any other lawyers who want to submit any other legal questions, let's do it so that when we meet on the 27th we can get an answer to all of these things. Mr. Alvarez: Precisely, I just... let's not use the salami approach, one attorney and then another one... Mrs. Gordon: What approach Jose? Mayor Ferre: The salami. Mr, Fine: Since we are in the middle ate,. T don't know what that really means, the salami approach,., Mayor Pare: : Hs goes to a deli, too. Mr. Alvarez: Piece, by piece, I want the whole thing, lit. `ine: Well, then I think you ought to extend the courtesy tb ue as veil as the proponents of the plats to respond to us in writing about these arguments prior to the hearing on the 27th. Mr. Alvarez: Well, I will respond to my Commission and... Mr. Rice: Now, Mr. Mayor, if I might add. Nov, if Mr. Fine, wants'to go to court that's the place to resolve legal issues. Mayor Ferre: Yes. Mr. Rice: He is raising again some of the issues that were raised this afternoon. Mayor Ferre: Yes? Mr. Rice: I hope) I'am .not brief writing to the City Commission, I would just like you to proceed and if there is a legal question, let the courts decide. Mayor Ferre: Yes? But, Jack, I'll tell you, you see, the problem is that Counselor here for one property owner has brought out some very substantial legal arguments that impact our decision making abilities. Now, I'm not arguing with you or with him, I'm just saying I've got to look to my City Attorney for a ruling on the arguments that have been brought up. Now, once he rules then we move ahead. He ruled on one, now another one has been brought up, I'm trying to get them all out on top of the table, so that we can get an answer to all of them and then we can proceed. Mr. Rice: I might paraphrase the Judge today, he says 'let the Commission do their duty and I'll make a determination on the matter'. Mrs. Gordon: That's what we want to do. We are going to defer it... Mr. Rice: Well, that's what the Judge said. Mayor Ferre: And what we have to determine here is what our duty really is and that's what he's bring up and that's why I want a ruling from him, so that we... I don't want your opinion or his opinion, I want his opinion because that's who I'm bound by, that's what he gets paid... that's his job, that's what he does for us. You know that, you were there long enough. Mr. Rice: Mr. Mayor, we have had a number of people come here at a great inconvenience... Mayor Ferre: I'll be happy to stay up all night and listen to them, Mr. Rice, if you insist on it. Mr. Rice: I think they ought to stand up and be recognized. Mrs. Gordon: May I ask a question of your people that are here as the proponents? How many of you own property? Mr. Rice: Well, if I might ask that of the other people. Mrs. Gordon: I will. How many own property near this property? Mayor Ferre: Wait a minute. Now, I think the question that you want to ask... Mrs. Gordon: I'm asking the people who are here supporting Mr. Rice's position, how many of them own property near this property? (BACKGROUND CANT OFF THE PUBLIC RECORD) Ws. Gordon: Well, of course, Doctor owns this property so he is going to have...but, 1 know you own the Jamestown, but how many of the others are just renting in the neighborhood? Mr. Rice: Well, whether you rent or own, you live there. Mrs. Gordon: No, you don't have the vested interest, that you have as 146 JUN 2z 1978 A property Mier; Mr. Mee: The Supreme Court of the tinitad States has already ruled One an and one vote whether you are an advalorem property owner or net, you pay advalorem taxes. Mrs. Cordon: I'm not going to argue the point... Mr. Plummer: Mr. Rice, my good friend, have you ever heard the saying don't feed a dead horse? Mr. Rice: Thank you, right. Mayor Ferre: Alright, now we have a motion and a second, is there further discussion on this motion, if not call the question. THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 11 to July 27, 1978, was introduced by Vice -Mayor Reboso, and seconded by Commissioner Gordon, and was passed and adopted by unanimous vote. Mayor Ferre: But, now ladies and gentlemen, and I want to ask one more time. Are there any other legal questions that are going to be brought up? Hr. Plummer: Mr. Mayor, may I suggest you set a deadline. Mayor Ferre: Alright, Mr. Plummer. Are there any questions that are to be raised tonight that are legal in nature? Mr. Fine: In the essence of brevity I'm just going to submit it, there are, they are all in this memorandum. We will reserve the right to submit an additional memorandum. Mayor Ferre: Alright? Alright, Mr. Alexander? Mr. Alexander: One further point Mr. Mayor, and that is that it should be made clear and even though it's been stated that the Judge, Judge Cline, in the petition ruled against our motion for restraining order, he did not dismiss the case, there is pending before the court right now the issue of the interpretation which your City Attorney has made us to the Ordinance. Mayor Ferre: You have already said that. Mr. Alexander: And this is very important to consider because even if you defer until July 27th, that issue which now you really don't have to rely on your City Attorney's opinion you can rely on a courts .opinion too... Mrs. Gordon: True. Mr. Alexander: ... when his declaratory relief is given to us, Mayor Ferre: Yes, but, you see, unfortunately we have never functioned in that way because if we started to function that way then every time we had a legal opinion from our City Attorney somebody would take it to court and then they would say well, wait until the Judge rules you know, and we could take years. We can't function that way. Mr. Alexander: No, but you have the City Attorney opinion which if you have a question about him and if you are worried that you don't want to rely on your City Attorney's opinion because you... Mayor Ferre: You know what, the day that that happens we fire him. Ok? Because the day I can't rely and have faith on his opinion then I don't need him and we will get another City Attorney that we can have.., (BACKGROUND COMMENT OFF THE PUBLIC RECORD) We. Gordon; That not true,.., 14' ! JUN w 2 1978 411MI el Cs it mommm Mayor Perte: Yes, but that's.,. Mr. Plummer: Things ate getting a little hot and are getting a little out of hand. Mayor Ferre: Wait a minute J. ?.., that is a terrible statement to say,... Mrs. Gordon: That's not true. Mr. Plummer: I understand. Mayor Ferre: ... you know, and I'm not going to accept that in the sense that he is saying don't rely on your City Attorney, wait until_the Judge rules. And I'm just not going to accept that. Mr. Plummer: But, Mr. Mayor, don't make a mistake and make a statement that's saying because he is infallible, he is not infallible, the City Attorney, just because he makes a mistake we are not going to fire him, unless it was intent. Mayor Ferre: No, you didn't hear what he said. Mr. Alexander: So, you have a discretion in every right. Mayor Ferre: No, no, Plummer, you didn't hear what the man said, that's not what he said. Mr. Plummer: The Judge is not infallible. Mayor Ferre: That's not what he said, you didn't hear what he said. He said don't follow his advice, wait until the Judge rules and follow the Judge's ruling and I said to him 'my God if we are going to run the City Commission that way, we would be waiting on court rulings all the time, that's what we have a City Attorney for'. Mr. Alexander: No, Mr. Mayor, that is not precisely what I said. If you did not wish to follow the City Attorney's opinion, but felt bound to follow... Mayor Ferre: If I didn't wish to? Mr. Alexander: Yes? Mayor Ferre: That's like the Governor... Mr. Alexander: You have the discretionary right to approve or disapprove this plat. If there is a matter which you feel is an issue as to the Ordinance which is bringing this plat to you, I think you have certainly the discretion to go and wait for the courts decision. Mayor Ferre: Man, you are losing me. That's like the Governor saying 'Mr. Attorney General I have asked you for a ruling and I'm not going to pay attention to what your ruling is, I'm going to take it to the Supreme Court and let the Supreme Court and I will decide after the Supreme Court decides, I'm not... come on. Mr. Alexander: Well, I think you have the right to do that. Mayor Ferre: Yes) Ok. Mr. Alexander: Mrs. Gordon: Mayor Ferre: Mr. Mayor, they do it all the time, May I, the last case, you have called the roll already? Yes, the roll has been called. Mcs. Gordon: Mr. Fosmoen, you recognize fully that there is a serious flaw in our ordinances and you know that we cannot sit by and wait for these happenings to take place time after, time after. time after time. Again, please I would ask you through your Planning Department to bring to this Commission posthaste some amendments that need to be enacted for the protection of the City. would you please with regards to platting? 1r. }ossgoen: 21 t knew Specifically vhat items were of concern to vqu Mre o Gordon, then we could respond, Mrs. Gordon: What concerns iltie ie the procedures that appear to be taken for granted that a Committee tirade -up of whomever, their decision, eupercede any possible action that this Commission can take according to what you have said, what our attorney has said or anybody else has said and there is something drastically wrong if the delegation of our authority is so subverted by that procedure that we cannot take an action that we feel is totally not in the best interest of the City of Miami and the people who live in it and l believe that there is something wrong in the procedure and you ought to find the procedure to correct it. Hr. Fosmoen: I don't think it's the procedure that is in error Commissioner, but I think that if you are concerned about the replatting of property... Hrs. Gordon: Yes. Mr. Fosmoen: ... that it's the Zoning Ordinance which prescribes the minimum lot size that the Commission should be concerned with and not the platting procedures. Mrs. Gordon: I would ask you with your capabilities in both areas, to bring to us the proper method to give us the kind of protection that we are looking for and you know what we are looking for. Ok? And I don't mean six months from mow. I sincerely mean within the next 30 days. Mr. Fosmoen: to this issue Mrs. Gordon: for action of We did give you a memorandum Commissioner, speaking specifically . It was distributed to you in your packets. Bring it to us through the Planning Board as a recommendation this Commission and that's what I mean. Mr. Fosmoen: We will again, raise the issue of platting procedures as we have done before with the Planning Advisory Board. Several months ago we presented to this Commission a response from the Planning Advisory Board on the question of public hearing on plats and they recommended against a public hearing on a plat. The City Attorney has ruled that platting is a right and this Commission's process is Administrator, that once the developer has met the minimum requirements of the Ordinance he has right to plat that property. Mrs. Gordon: There must be a controling Ordinance that could be applied. There must be a controling method that can be applied which would make it a requirement of some ruling from the Commission or the Planning Board or some area other than your Committee to control a situation such as this which is not an ordinary plat, not like any other plat we have heard ever, never since I have ever been in concern with Zoning have I ever seen a plat come in that had the magnitude of devastation to a neighborhood that this one has. Mr. Fosmoen: Commissioner, I... you know, it's a risk of being argumentative, but the plat next to Abitare on the Main Highway is essentially the same thing, it's the same process and that plat was in the same Zoning District and there are properties adjacent to Main Highway and the houses will be sitting 15 or 20 feet from the Main Highway. Now, it's the sane process. We can attempt to go through this process again and we will discuss it with the City Attorney. Mrs. Gordon: Then there is a need for consideration of an R1-B Zoning in this area to prevent this 600 Square Foot size lot being permitted in an Environmental Preservation District. Mr. Foamoen: That's to the point Commissioner, if you are concerned about the platting and about the lot size, that's controlled throught Zoning and throught the minimum lot size in the Zoning Ordinance. Mrs. Gordon: Well, then you take that as the first place to run with if you would and we will go from that point on. 1in JUN 2 21978 Mayor Ferre: All might, do we stand adjourned Oh this item? Mre. Gordon: Do you need a motion frcM us, Mr. Fosfloen? Mayor Ferret Go ahead, make.... Mr. Henry Alexander: For the record my name is Henry Alexander. I am the Chairman of the City of Miami Environmental Preservation Review Board and I hear us discussing whether this particular plat should come before that board and I don't even know whether it is a legal question because I don't know that a legal opinion was really rendered. My understanding of the situation is that the decision was made on the basis of a memorandum from Mr. Mc Manus to Mr. Fosmoen and I understand Mr. Mc Manus got his information from the advisor to our board who in effect interpreted it the way he saw it and at the time he did not think it was to come before our board. I spoke to him -on this and he sake rethink his decision previously. Mrs. Gordon: Who is that, Mr. Alexander, who? Mr. Alexander: That was Mr. Whipple. I do know that the Planning Department has only very recently taken over the administrative responsibilities to our board so there may have been a gap or a misunderstanding in what the scope of our board covers. I think if one looks at the plat and the lots, sees that there is no address to the question of ridge, to trees, to the environmental features I think one can see immediately that perhaps the board should look at it, that this will constitute a considerable change in the character and use of the land. Mr. Fosmoen: Mr. Mayor, in response to the question there have been plats in Environmental Preservation Districts, the Environmental Preservation Review Board has never historically reviewed those plats. Mr. Alexander: Well, maybe I mentioned the one that you mentioned earlier which is the one next to Abitare. Mr. Simonoff personally brought that before our board just to discuss the right-of-way and some of the trees relative to that that he was going to remove so they have, in effect, made appearances before our board, and if they have not I think in this case one can see the implications of development that through this process of development there will be an effect on the environment. Mayor Ferre: Mr. Alexander, I think we understand what you're saying and I think at this point there is no use getting into that particular issue since we have a legal issue to confront first and then we'll talk about all of this on the 27th. Mr. Alexander: Fine. Mr. Fosmoen: I do need one clarification, Mr. Mayor. Mrs. Gordon has sug- gested that we consider R-1B for this area and I guess I need a clarification as to whether or not the Commission is directing us to initiate R-1B zoning. If you are I do need a motion to that effect. Mrs. Gordon: I would like to move that, Mr. Mayor. Mayor Ferre: All right, we do not have anything before us at that time so you're entitled to do that and I recognize you for that. Mre. Gordon: I did move it. Mayor Ferre: All right, there is a motion by Mrs. Gordon, is there a second? Mrs. Gordon: May I remind you that this is a similar situation that we took on Secoffee where there was also an area of large lots and a fine residential character. Mayor Ferre: We have a motion before us, is there a second to the Motion? Is there a second to Mrs. Gordon': motion? All right, 1 hear no second for the motion so it dies for lack of a motion and at this point what we're going to do is we will hear- Rose, you can bring that up again at the next Commie - lion Meeting. Mrs. Gordon: I can bring it up again but it wastes time. J'N 1978 1 ezn INAUDIBLE COMMENTS Mayor F'ette: That's fine ma'am, we understand and we've heal that one before too and..., Yes, Dire heard that one many many times. All rl9ht, now we will be back on this it=ne on the 27th and I want to really tell you that threats turn Me cald so don't'bother threatening rne. That turns me cold, OW , Jutt don't 'lorry about that and we'll be back on the 27th. Mr. Rice: Mr. Mayor, I might add directly across the street the Eitouit Coutt the Supreme Court and the District Court rezoned the property RI'SI+, + Mayor Ferre: All right, we'll see you on the 27th. 50. MOTION OF INTENT EXCHANGE OF SURPLUS EQUIPMENT WITH LIMA, PERU IN RETURN FOR DONATION OF A STATUE Mayor Ferre: Now I would like to ask the Commission just to stay for a monpnt, Rose, this is very very quick. We have a little bit of a problem with the tLty of Lima where we went down there and there is some equipment, there are eight or nine pieces of equipment that's garbage equipment and the Manager is aware of it and we had a meeting with the counsul from Peru yesterday and what they would like to do is they want to give to us a statue of their national hero which is Garcilaso de la Vega. Now this is serious now, you know for us to put in one of our parks. So really what I'd like to do if it is acceptable to the Commission is.... We have a serious problem because these people are highly offended that we even talked about giving them this equipment and now we're say- ing we're going to charge them for it. It is worth about seven or eight thous- and dollars, our equipment and I think that is about the value of the statue. So what I'd like to do is.... No, they have to pay for theirs and we have to pay for our's but the point is that. what I'd like is a motion to give them this equipment in trade for the statue. Mr. Plummer: Mr. Mayor, is that as amended between Fausto and I or not? Mayor Ferre: Fausto, where is that thing? Mr. Plummer: No, I talked with Fausto because two of those pieces of equipment are... Yes, one of them is definitely committed, the man is going to be here. ... Oh, I'm not worried about the packer as much as I am the crane. Mayor Ferre: Well, I think it is about nine pieces of equipment, isn't it? It has a value of about seven to eight thousand dollars. Plummer, are you go- ing to move this or not? Mr. Plummer: Oh definitely, as amended. Mrs. Gordon: What are you giving away, Maurice? Mayor Ferre: It's nine pieces of old equipment which is surplus equipment of our's. Plummer wants it for Columbia and we made a commitment for Lima, we've got it worked out. We're going to get a statue for it. Mrs. Gordon: I've left already. Mayor Ferre: Plummer, is that a motion now? Mr. Plummer: As offered by you, yes, sir. Mayor Ferre: Al]. right, I don't mind making it if you'll second it or somebody seconds it MENEM Iotion wee introduced by Commissioner Plummer, who Moiled its MOTION NO, 78-443 A I TtON OF INTENT OF THE CITY COMMISSION AUTHORIZING THE ADMXNISTRATION TO EXCHANGE WITH LIMA, PERU, SEVERAL PIECES OF THE CITli S SURPLUS EQUIPMENT RECEIVING FROM LIMA, IN RETURN THEREFOR, A STATUE OF "GARCILASO DE LA VEGA". being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioners Reboso, Plummer, Gibson and Mayor Ferre. NGES: None. ABSENT: Commissioner Gordon. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:35 O'CLOCK P.M. ATTEST: Raeph G. Onaie CITY CLERK MaUtu H tai ASSISTANT CITY CLERK Maunace A. Petite MAYOR (1ItfJ etre MINIM 111.111.3. MW mm MMW I Et 1 ER Jiill MIME Emms ITEM N0. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 CI*5;Y OF rIAMv DOCUMEUT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT AMENDING ORDINANCE NO. 6871. ALLOCATING $462,000 OF COMMUNITY DEVELOPMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 8807 ACCEPTING THE COMPLETED WORK PERFORMED BY FRISA CORPORATION AT A TOTAL COST OF $107,000 FOR THE VIRGINIA KEY RUBBISH PIT CLOSING -PHASE I ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P. COMPANY AT A TOTAL COST OF $400,648.54 AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN AN AMOUNT NOT TO EXCEED $47,966 FOR THE ORANGE BOWL STADIUM STRUCTURAL REPAIR-1978 AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND THE LATIN CHAMBER OF COMMERCE FOR THE PURPOSE OF CONVEYING CER- TAIN ADMINISTRATIVE COSTS OF IMPLEMENTING THE LATIN SUNDER FIESTA. URGING FAVORABLE CONSIDERATION BY THE CIVIL AERONAU- TICS BOARD OF THE PENDING APPLICATION FOR LANDING RIGHTS AND PRIVILEDGES AT THE MIAMI INTERNATIONAL AIRPORT BY EL AL ISRAEL AIRLINES APPOINTING MR. ANGEL de PEDRO AS A MEMBER OF THE CITY OF MIAMI BUDGET REVIEW COMMIfl'EE WAIVING THE RENTAL FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM ON DULY 15, 1978 FOR THE ANNUAL POLICEMEN'S BALL. ACCEPTING THE BID OF PERSANT CONSTRUCTION CO., INC. IN THE AMOUNT OF $267,607.50 FOR THE ROADS STORM SEWER PROJECT-1977 ACCEPTING THE BID OF RUSSFTT,, INC. IN THE PROPOSED AMOUNT OF $18,580.00 FOR THE I-95 EXIT RAMP-LANDSCAP- ING-C.D. PROJECT AUTHORIZING THE CITY MANAGER TO AMEND A CERTAIN LEASE BETWEETI THE CITY OF MIAMI AND BAYSHORE PROPERTIES, INC T MEETING DATE: June 22, 1978 COWISSION ACTION R-78-421 R-78-422 R-78-423 R-78-424 R-78-425 R-78-426 R-78-427 R-78-428 R-78-429 R-78-431 R-78-432 R-78-433 R-78-434 R-78-435 RETRIEVAL CODE NO. 0051 0052 78-421 78-422 78-423 78-424 78-425 78-426 78-427 78-428 78-429 78-431 78-432 78-433 78-434 78-435 = TEM NO. 17 18 19 20 21 22 23 CU DOCUMENT IDENTIFICATION ACCEPTING THE FLAT ENTITLED BETTY'S ISLAND, A SUBDIVI- SION IN THE CITY OF MIANII GRANTING A CONTINUATION OF THE VARIANCE GRANTED BY CITY COMMISSION RESOLUTION N 4(73-889 FROM ORDINANCE NO. 6871, ARTICLE XXIII, 8) GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE X, SECTION 3 (2) (d) AND 6. GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XII , SECTION 4 (I2) GRANTING A ONE EXTENNOSION OF THE 6871, ARTICLE CONDITIONAL USE AS LISTED IN ORDINANCE 1(11) (d) GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE VIII, SECTION 6. GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 11(1) R-78-436 R-78-437 R-78-438 R-78-439 R-78-440 R-78-441 R-78-442 78-436 78-437 78-438 78-439 78-440 78-441 78-442 IMW WW MEW r4