HomeMy WebLinkAboutCC 1977-01-27 Minutesset
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
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PERSONAL APPEARANCI-DR. BEN SHAPARD=USE OF
MUNICIPAL JUSTICE BLDG:
26 PERSONAL APPEARANCE- CHARLES HUTTOE.- CERTIFICATE
OF APPRECIATION-
.
7.
8.
9.
10.
11.
12.
truNcE OR �o
MOTION TO ENGAGE SERVICES OF CARLOS B. FERNANDEZ
AS ATTORNEY FOR THE CIVIL SERVICE BOARD: M47.,64'
PERSONAL APPEARANCE DON PRINTZ-CHAIRMAN CIV. SER.
BOARD-REQ. REPLACEMENT OF M:.MBERS
DISCUSSION ITEM -TERMINATION PROC:DURE FOR LAID -OFF
EMPLOYEES OR ABOLISHED POSITIONS:
APPOINTMENT- ALAN ROSENTHAL, TO YOUTH ADVISORY BD:
WAIVE READING OF MINUTES:
DISCUSSION ITEM; -RESIGNATION OF CHAIRMAN, YOUTH
ADV. BOARD AND DEFER APPOINTMENT OF NEW
CHAIRMAN:
PERSONAL APPEARANCE-DANIEL EALEY-WAGE DISPUTE:
BRIEF DISCUSSION -PEOPLE MOVER SYSTEM -
FUTURE USE OF MUNICIPAL JUSTICE BUILDING
PERSONAL APPEARANCE- GIRL SCOUTS- PRESENT COOKIES
TO COMMISSION:
PROPOSED GROVE KEY MARINA LEASE:
PERSONAL APPEARANCE- OWNERS OF Y.W. C.A. PROPERTY
SOUTHERN BELL TELEPHONE COMPANY- INTERIM AGMT:
DISCUSSION ITEM - BUILDING PERMITS PRIOR TO
APPROVAL OF PLATS
17. PROPOSED AGMT- UNIV. OF MIAMT FOR THE "CITY OF MIAMI
UNIV. OF MIAMI JAMES L. KNIGHT INTERNATIONAL'
CENTER:
18. CITY MANAGER'S PROP. INTERIM AGMT. WITH MIAMI
DOLPHINS;
19. PROPOSED APPOINTMENT TO ZONING BOARD
BRIEF DISCUSSION OF REASONS FOR EXECUTIVE SESSION
HELD JANUARY 27, 1977
20, PRESENTATIONS, PLAQUES AND CERTIFICATES OF
APPRECIATION:
21. RESOLUTION OF CONDOLENCES -DEATH OF WILLIAM PAWLEY
22, APPOINTMENT-GUILLERMO J, FREIXAS TO
MIAMI ZONING I30ARD:
23, IMPLEMENTATION OF DOWNTOWN PEOPLE MOVERANP
REQ. METRO EARMARK MONIES FOR CONSTRUCTION;
244 PENST0$ BUX,,biCK;
M-77-65
M-77-66
M-77-67
M-77-68
PAS NO
8 - 9
9
9 12
12
12 - 15
15 22
22 - 23
23 24
25 - 36
36- 50
50 -53
5354
54
R=77--69 1 54
A-77-70 55 - 56
57 -
1 NO
25,
26,
27.
28.
29.
30,
31,
32,
33.
34.
35.
41,
IN9�i
CI41SsechilFaRiDA
SUBJECT
SECOND READING ORDINANCE ALTERNATIVE PENSION SYST
SECOND READING ORDINANCE- ESTABLISH RATES AT OFF-
STREET PARKING LOTS AND PARKING GARAGES:
PERSONAL APPEARANCE CHIEF PROLi, MIA11I FIRE
DEPARTMENT -DISCUSSION OF YWCA PROPERTY
EMERGENCY ORDINANCE-APPRO. OF FED. REV, SHARING FUND
INCLUDE $271,986.
EMERGENCY ORDINANCE -MODIFICATIONS TO REVENUES AND
APPROPRIATIONS:
ALLOCATING $1,901582. OF CAPITAL IMPROVEMENTS
UNALLOCATED FUNDS TO THE GENERAL FUND:
AUTH. TRANSFER OF $3,257,316. TO PAY OUTSTANDING
PRINCIPAL AND INTEREST ON SPEC. OBLIG. CAP.
IMPROVEMENT BOND SERIES A TO E AND O. BOWL
SPEC, OBLIGATIONS OF THE CITY:
AUTH. CITY MANAGER AND CITY CLERK TO ENTER INTO
AGMT. FOR PURCHASE OF REAL ESTATE
AM. CITY CLERK TO PUBLISH NOTICE OF HEARING
ACPTG. COMP. CONSTRUCTION SR-5383-C & S:
SELECTING NEWPAPERS TO PUBLISH NOTICE OF SALE OF
DELINQUENT SPEC. IMP. LIENS:
ENDORSING RECENT ADOPTION OF AIR CARGO MARKETING
PROGRAM FOR MIAMI INTERNATIONAL AIRPORT:
REDUCE TO 5% THE RETAINAGE FOR BICENTENNIAL PARK
PHASE II 1975:
CLAIM SETTLEMENT- SARAH ANDRADE
CITY MGR. SUBMIT GRANT APPLN-BUREAU OF CRIMINAL
JUSTICE PLANNING & ASSISTANCE L L D R E PROJ,
AGMT. WITH METRO THROUGH MANPOWER PLANNING CON-
SORTIUM OF DADE AND MONROE COUNTIES:
AUTH, CITY MGR TO ACPTG. GRANT AWARD- H E W FOR
RECREATIONAL SKILLS AND ACTIVITIES FOR MENTALLY
RETARDED:
AUTH, CITY MGR. TO ACCEPT GRANT AWARD-1i E W
TRAINING FOR ADAPTED RECREATION S T A R:
AUTH, CITY MGR. TO ,ACPTG, GRANT -FROM KENNEDY
FOUNDATION FOR VERY SPEC. ARTS FESTIVAL;
AUTH, CITY MGR, ACPTG GRANT AWARD -FROM FINE ARTS
COUNCIL FLORIDA FOR ARTISTS IN RESIDENCE FROG
AUTH, CITY MGT TO ENTER INTO AGMT-METRO. THROUGH
THE MANPOWER PLANNING CONSORTIUM-CITY'S THIRD
CENTURY GREENS PROGRAM;
AMUSEMENT RIDES PERMIT N A A C P AT SHELL CITY
PAR#CING LOT:
8613 68
R-77-71 69
R-77-72 •9
R-77-73
R-77-74
R-77-75
R-77-76 72
R-77-77 73
R-77-78 74
R-77-79 74 75
R-77-80 76
R-77-81 76--77
R-77-82
R-77-83 77
R-7784 78
R"77.85 7$
79
70 --71
71
72
77
1
MINUTES OF REGULAR MEETING
rITV COMMISSION OF MIAM!A FLORIDA
ITEM NO i SUBJECT'S
46, AMUSEMENTRIDES PERMIT- 'GES1J CHURCH:
47, AMUSEMENT RIDES PERMIT- TROPICANA LIONS CLUB:
48. AMUSEMENT RIDES PERMIT JAMES E. SCOTT COMMUNITY
ASSOCIATION:
49, AWARD BID- MODEL CITIES COMM. DEV.STREET IMPROVE-
MENTS PHASE II, BID C
50. AWARD BID- MODEL. CITIES COMM. DEN'. STREET IMPROVE-
MENTS PHASE II, BIDS "A" AND "But
51. ACCEPT BID OF EXERCISE STATION COURSES AT - TEMP.
DEFERRED, ALLAPATTAH - COMSTOCK PARK &
KENNEDY PARK:
52. AWARD BID - SOUTHERN DRAINAGE PROJ. E-39:
53. AWARD BID - HAMMOCK SAN SEWER SR-5411-C and Sc
54.
55.
56.
57
58.
59.
60.
61.
62.
63.
64.
65
66
67,
AWARD BID - HAMMOCK STORM SEWER PROJ
ALLOCATE $650. FOR USE OF CUSMAN HALL BY THE
INTERNATIONAL REPERTORY COMPANY AND BALLET:
APPROVE SITE AND DEV. PLAN FOR PROPOSED RESTAURANT
GROVE KEY MARINA:
AUTH. CITY MGR. AND CITY CLERK TO EXECUTE ADDENDUM
BY AND BETWEEN CITY AND GROVE KEY MARINA INC.
APPROVE S;B-LEASE AGMT BETWEEN GROVE KEY MARINA INC
AND GROVE RESTAURANT:
AWARD BID -EXERCISE STATION COURSES AT ALLAPATTAH
COMSTOCK PARK AND KENNEDY PARK:
INTERIM AGMT WOTH SOUTHERN BELL TELEPHONE COMPANY:
AUTH CITY. MANAGER AND CITY CLERK TO ENTER INTO AGMT
WITH THE GREATER MIAMI TRAFFIC ASSOC.
CONFIRMING RESOLUTION -EQUIP FOR JACKSON MEMORIAL
HOSPITAL BURN UNIT:
EXECUTE AGMT. WITH UNIV OF MIAMI FOR JOINT DEV.
OF CITY OF MIAMI/UNIV. OF MIAMI JAMES L KNIGHT
INTERNATIONAL CENTER:
CHANG; CITY COMMISSION MEETING DATES FROM MARCH 30
AND 31 TO MARCH 23 and 24, 1977:
APPOINT GERALD SILVERMAN AS MEMBER OF THE CIVIL
SERVICE BOARD:
APPOINT I.UCY ANN ACKLAND TO COMMITTEE ON STATUS
OF WOKEN;
MISEGT.LANEOUS DISCUSSION ITEMS; DOUBLE TAXATION
2, DRIVER' S LICENSE EXAMFNATION FACILITY;
3 NEW STREET LIGHTING; 4, BAPTIST CHURCH FAC,
5, PROGRESS FRT. IN COMM, ROOM ON ONGQ3NO
PROJECTS;
ORDINANCE OR
RESOLUTION NO, PAGE NO .
R»77-87
It-77-88
R-77-89
R-77-90
R-77-91
82
R-77-92
R-77-93 :4
R-77•-94
R-77-95
R-77-96 85
R-77-97 86
R-77-98 86
R-77-99 87
R-77-100 87
R-77-101 88
R-77-102 88
R-77-103 89
R-77-104 89
R-77-105 90
M-77-106 90
91.
1111Pi No
68
ItJti
G1416WRMFFLoRIDA
SECT
RESOLUTION riOs
BRIEF DUSCUSStON ITEM - REAL ESTATE TAX CONDITIONS
OF EEASET) PROPERTY FROM METROPOLITAN BADE CO:
MINUTES OF REGULAR MEETING OF THE
CI1Y COMMISSION OF MIAMI, FLORIDA
*44
ON THE 27TH DAY OF JANUARY) 197/. THE CITY COMMISSION
CF MIA MI, R.D :, M T AT ITS.REGULAR MEETING PLACE IN THE
ITY HALL) 550U AN AMERICAN DRIVE) MIAMI, V LORIDA, IN
REGULAR SESSION,
THE MEETING WAS.CALLED TO ORDER AT 9:26 O'CLOCK AIM,
BY ,MAYOR MAURICE A. FERRE WITH THE FOLLOWING MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT:
t}
COMMISSIONER MAN01,0 REBOSO
COMMISSIONER J. -, FLt� MMER, JR.
COMMIS .ION€€-R KOSE (FOR ON
VICE -MAYOR (REV,) THEODO E K GIBSON
MAYOR MAURICE A. VERRE
ALSO PRESENT:
JOS=PH R. GRASSIE, Cm MANAGER
R. L 1-OSMO N, ASSISTANT LITY MANAGER
bEORGE b1 KNOX, C TY ATTORNEY
I ALPPH G..ONGIE, uITY LLERK
NATTY HIRAI, ASSISTANT CITY CLERK
AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN
LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG
PERSONAL APPEARANCE: DR, BEN SHEPPARD - TO DISCUSS USE OF FORMER
MUNICIPAL JUSTICE BUILDING.
'�ayor Ferre: I see Dr. Ben Sheppard is here in the audience. We always
have legislative courtesy, and we always grant that courtesy to those of our own.
Dr. Sheppard as you all know is the Chairman of the School Board here in Dade
County, therefore we know you have a busy schedule. If you would step forward
and tell us what we can do for you to try and help.
Dr. Ben Sheppard:All I want is that police training academy before the
Miami Bridge.
Mayor Ferre: All you want is what, Dr. Sheppard?
Dr. Sheppard: That little building. We have gone over this many times with
Commission Gordon, and other members, what to do with the old Municipal Justice
Building.
Mayor Ferre: Mr. Grassie have we discussed -this with Dr. Sheppard?
Mr. Crassie: No, not really Mr. Mayor. I have talked with Dr, Sheppard
in the hallway this morning about it.
Mayor Ferre: Could you set-up an appointment so this could be discussed
with Dr, Shappard, and you can report back to the commission at the next commission
meeting,
Mr. Grassier I will be happy to Mayor,
Mrs, Gordon; I can't remember whether it was Vince or Charlie, but one of
your representatives, or assist(mis did attond a meeting in my office where there
were people concerned witl the use of the Municipal Justice building and the
problem that the bridge was facing for almost an immediate eviction from the
present quarters. The result of that meeting brought about an extension, 4 short
�:t i217
tetfn extension, of the present location, Ani f correct br, Sheppard? But hot
a solutions to the total needs of the bridge, and it Was a tatter that Vas
supposed to have been brought to your attention through that tteeting by your
representative, I. don't recall now which one it was, but you can check yourael
and find out.
Mr, Crassiet I am fully aware of that neeting coMMissioner, but the
question was whether of tot we had discussed use of the former police building,
Mts. Gordon: Yes, sir we did,
Mt, Grassier t think it is a different question than
need to solve, the problem of the bridge.
Mrs. Gordon: That was the purpose for your representation at that
meeting to discuss the occupancy of the smaller building that is on the
premises, that amounts to about 5 thousand sq. ft, which is removed from the
main structure, and as I said, the decision was not made because this tatter
was going to come to the table for a full discussion, so it is not that, we
bypassed your office whatsoever.
Mr. Grassier I will ue happy to meet with Dt. Sheppard and I am sure we
can find some kind of solution.
whether or not we
Dr. Sheppard: I just want to ask, if you do decide to keep that property,
the entire property, the Municipal Justice :',Wilding, this would be a good place
for a cooperative effort of all our youth services, a sort of house, all
of them could be centered in that one building if you decide, --the Commission
decides to retain that, and not give it to CAC or many of the people who want that
piece of property. This would be an excellent site to coordinate 150 youth service
programs in one building and their activities be directed, or coordinanted in that
building, instead of being; sprawled all over the City.
Are you going to decide today what you are going to do with this building?
Mayor Terre:I think it is going to be discussed but I don't think it is
going to be a final decision.
Dr. Sheppard: Let me put in just one little, this would be if you
keep the building. I couldn't think of a better area for a coordinated youth
service building.
Mayor Ferre: I don't want you to take this as a commitment on my part but
I would feel very strongly that you couldn't put a building like that to better
use than to serve the youth of this community. I don't have philosophically any
objections to that. Between where we are and that, we have a long way to go, in
dollars and cents and in other activities which we have to discuss. I think all of
us have to approach it with an open mind, which I think is what we are all going to
try to do. Rest assured your words here will be taken as they always are, with the
respect and seriousness that they well deserve.
Dr. Ben Sheppard: Thank you.
2, PERSONAL. APPEARANCE - CHARLES HUTTOE - CERTIFICATE OF APPRECIATION FOR
HIS SERVICES AS CHAIRMAN OF CIVIL SERVICE BOARD,
Mayor Ferrer I would like to ask Mr, Huttoe to step forward, if he would
and come joine the commission, l want to say as he does that, Charlie even though
you and I have had our differences in the past, T. want you to know, and I wrote
you a letter which you will be getting today, but I have always had nothing but the
highest regard for your integrity and dedication to the City of Miami, As you retire
from this service I want you to know that all of us on the commission and I am sure
I speak for the City, are very grateful for your dedication to the well-being' of
this city and community, I would hope that you would be available for other areas
of service to the City and lam thinking that one or two things in particular, perhaps
later on we can talk about, in some of these: boards that are important to the City
such as Planning Board, Zoning Boards and things of that nature, It is too early to
Calk about that now, and I don't think we are= going to talk about that. But T am just
saying I hope that as you retire from 20 years of service; that it is not a full
retirement, I hope you will be available to continue working with the pity in the future
in other endeavors, I would like .to extend to you the courtesy of the microphone rind
'JAN 2 7 1977
Iell,A,PIIIPI IUII
theh later on we have a.a certificate of appreciation which 1 want to present
but later on we want to do in a mote formal way, in the future.
Mr, Charles Huttoe. I appreciate that Mr. Mayor, and as you said we have
had our differences, and I haven't hesitated to express my opinion and you havenit
hesitated to express your.'s. 1 have been risked the reason t left and I think it
Was many -fold, It Wasn't any one thing, and certainly there was no pressure frost
you whatsoever on the to leave. t think as I told you, if there had been, I would
not have left. I reached the point that I head to make a decision, for I felt for
my own well-being, the well-being of the City. 1 have been here a long time► I think
it is time for new blood. But also I was going to have to leave the Board in May
anyway. I thins; the Commission is well aware of my plans, that I will be leaving its
May, to go to Wyoming to start my training program which I have already started and
have been in, as the Commission is well aware. I will go to Wyoming and start there
in the Big Horn Mountains and work my way on back to Rainier where I will spend
several weeks or Ranier , not up to the summit, you can't live up there that long,
work our way back and forth and then hopefully around the middle or last of Jute
I will meet with the climb team in Ranier, we will go on to Alaska to try McKinley.
We .are going to leave McKinley, if we are successful and we are going to have a look at Mt. Everest. We are not going to climb it. There is no room to climb it for
a couple of years but we are going to look at it. If we are successful on McKinley,
maybe the old cracker -boy from the deep South, who never saw snow, and I didn't see
it the other day here, is going to try a little of that.
I appreciate the cooperation. the courtesy, of every member of this commission."
I don't think I can express m} feeling to this commission. to previous commissions,
---Rose I love you, and Father.We have been punched around a lot over the years but we
hung in there. Manolo, we have been longtime friends, as well as J. L and the Mayor.
I appreciate every courtesy the commission has extended to me, the courtesy and the
friendship and everything else. It was a hard walk across to the City Clerk's office.
I thought l was going to the electric chair,but it was a relief once I got there.
Thank you. I appreciate it.
Mayor;l'erre: Mr. Huttoe would you join us up here
you.In,the meantime I am sure different members of the commission want to express
themselves.
so we can present this to
Mr. Plummer; Mr Mayor if I may have the provilege of starting off, I. think
the best thing I can say in regard to Charlie Huttoe in his fine years of dedication
to the City of Miami, was once expressed by a person who had just appeared before
the Civil Service Board and lost. He spoke of the Chairman, at that time Mr. Huttoe,
and his remarks typified my opinion of Charlie Huttoe. 'We had our problems, but he
was fair.' I don't think anything else can ever be asked of a man, when he sits in the
power and authority, that he was fair a reasonable. I think that is the best way I
will remember Charlie Huttoe's service, long service and dedication to the City of
Miami, he was fair and reasonable.
Mrs. Gordon Charlie, we are going to miss you. But we know you will be
around here and we know we can count on you,as a friend and supporter of the City.
I said good morning to everybody this morning, and I feel like I am saying good
morning at a funeral.
Thanks for all the time you have given the City, Charlie.
Mr. Huttoe: Thank you Rose.
Rev, Gibson;'I want to express my thanks and appreciation for the opportunity
of knowing you and also to say how greatful I am to you for the work you have done
for the City. I hope whoever follows, would take a little page out of your book,
and be as dedicated to the City of Miami. In times like these we really need dedicated
citizens, It is more difficult than most people understand and think, It is more crucial
than a lot of people could imagine, 1 hope as you leave us, and you climb the mountain,
that you will take us with you, upon the mountain, hopefully the higher we climb, the
more dedicated we may become, .end the clearer the vision might be for those of us who
are yet down in the valley, and need to climb that mountain,
I want to again thank you for all that you have done and all you have meant t
this city,
Mr, Huttoe: if I may say one thing Mr, mayor in response to what Father
alluded to, bet me say this Father and I think it is the first words i said when
I returned from climbing Ra nier,you thought 1 was kind of kooky, and 1_ told yo4
then , you get so close to God, there is no way describing when you are 'gyp there,
JAii 177
You look out and see for miles, and miles andtiiee. There is no way to describe
the peace of bind, the serenity, and you have to beta* close to God.
Mr, kebosot I have known Charlie for many, many years. one hf the things I
admire of Mr, Huttoe is that he always
not what other people want to hear. In
a great help to the Latin community in
Charlie, and I think it is goi'tg to be
says what he feels, and what he believes,
the years t have known Charlie, he has been
Miami. I at very proud of your friendship,
a tremettdous loss to the City of Miami.
Mayor Ferret Charlie if you would step forward, this is a certificate of
appreciation to Charles 0. Huttoe:
'In heartfelt appreciation and gratitude for servcing as chaarman and
member of the Miami Civil Service Board for nearly 20 years, from Sept. 18, 1957
to January 26, 1977 in a loyal, dedicated and outstanding manner, which helped
make Miami a better place to work and live, presented by the City of Miatni Commission
on January 27, 1977.'
I just asked Mr. Huttoe, his father started working in the City of Miami
in 1926. There has not been a time since then that the City of Miami hasn't been
graced and favored by somebody by the name of Huttoe working helping the City.
First it was a Captain, then it was Charlie of the fire department, throughout
many areas of service. His brother Judge Arthur Huttoe was my appointment when
I became a commissioner for the first time in 1967, my appointment to the municipal
bench was Arthur Huttoe, so I have a very special regard for the Huttoe family and
now as Charlie goes to climb mountains, I want to certainly say that I for one have
deep sense of obligation to the many years of service by the Huttoe family, to this
community, and Charlie none better than you. I want to again thank you.
Mr. Huttoe: Thank you. Mr. Mayor you asked me yesterday if I had any
recommendations to make. I don't want to make any at this time, because I
know this commission is too busy with other things, but when I return from
North Carolina in about 10 days I would like to meet with the commission either
individually and review some things with them, but first at this time, if I might,
there was a recommendation made to the commission and to others, and think it would
serve the interest of the Civil Service Board and especially with Don Printz and
others who haven't had thz fortune to be faced with these things for the number of
years where you at least have something rub off on you, and we recommended to the
commission, I wish the commission would give further consideration, and I will make
a recommendation. I may be out of place, but hire a legal advisor through the city
attorney's office, which it has to. A legal advisor for the board_I think is most
important. Someone that where we have a legal problem, we don't ask the assistant
who is presenting a case or somebody who is working beside him, but rather somebody
who just individually, and the only thing they do with the City is to give legal
opinion and legal advise, they have to consult with the City Attorney's office.
We know that. But we did have Eddie Newbold who is now a judge, and he was one of
the finest people that I know in this. I will make a recommendation of a person
I think could do a good job, and that is Carlos Fernandez.
Mayor Ferre: You couldn't recommend a more qualified person. I happen to
see that Judge Fernandez is here and we are glad to see you up and about doing
well.
Mr, Reboso; I would be glad to put that in the form of a motion.
MOTIONTO ENGAGE THE SERVICES OF CARLOS B. FERNANDEZ AS ATTORNEY
FOR THE CIVIL SERVICE BOARD
The following motion was introduced by Commissioner Reboso who
moved its adoption;
MOTION NO, 77-- 64
A MOTION OF INTENT TO ENGAGE THE PROFESSIONAL SERVICES OF CAR OS
B. FERNANDEZ AS ATTORFY FOR TU CITIL SERVICE flOARA AND INSTRUCTING
THE CITY MANAGER TO FORMALIZE THE DETAILS
Upon being seconded by CoMMissioner Gordon, the motion was passed and
adopted by the following vote: AYES: Commissioners Reboso,P1Uftth►er, Mrs. Gordett,
Vice Mayor Theodore Gibson and Mayon Vetre. NOES: None.
4, PERSONAL APPEARANCE: DON PRINTZ IRMAN OP THE CIVIL SERVICE BOARD
C EC UESTI NG SPEEDY REPLACEMENT OF RESIGNED
MEMBER'
Mr. Dot Printz,Chairman of Civil Service Board: Mayor B`erre and members
of the Commission, as Mr. Huttoe has just expressed to you, his concern as to
the replacement that you might give consideration to, 1 appreciate Mr. Huttoe`
concern, I share the same concern, but I have to look at this situation as a
critical one, only inasmuch as we do have appeals corning before which have been
made by dismissed members of the City. We have had for the last two weeks several
hearings. We have several coming up, the next one being February 1, As chairman,
I have asked that the Board not sit in at appeals hearing of a dismissed city employee
unless there is a full board in attendance where we give the employee the barest possible
hearing that we could give, ----
Mayor Ferret ---full board?
Mr. Printz:-- -full Board, that a decision can be made and recommendation
given to the City Manager as prescribed by the ordinance. I feel quite critical
right now that this commission act, to appoint someone or else if now, announce
that today that you are going to give some time for consideration of replacement
for Mr. Huttoe, that we might notify those people who are coming up for appeal.
DISCUSSION ITEM: TERMINATION PROCEuuRE FOR LAID OFF EMPLOYEES OR ABOLISHrn POSITIONS
Mayor Ferre Thank you very much. While you are up, you also mentioned to
me, and Mr. Grassie, you will have to forgive me, Ihope this is not an infringement
in the administrative area, but we had a group of sanitation people come up here
last meeting and we also had a group of senior citizens who had been laid -off. It
just so happens that a Mr. Rivero who is a specialist in polygraph tests explained
to me how he was laid -off and Sgt. Printz just on his own, I didn't ask him about
this, he made a comment to me that I thought it important enough that we ought to,
perhaps share this with the commission. I rather not do this unilaterially, because
even though this is an administrative matter, it also is a policy matter, on the
way we proceed on these lay-offs and whether or not we are really saving any money.
I thought perhaps he ought to, make a statement about that. When he said it to me,
I said why don't you say it on the record to the commission.
Sgt. Printz: Mr. Mayor I didn't know Mr. Rivero was here this morning.,I did
know of his termination amongst all the number that had been terminated, but I don't
want to minimize the number of people who have been terminated, and only emphasize
Mr. Eddie Rivero, but I will in this matter. Looking as from a standpoing of a police
sergeant and an investigator in the Miami police department, his position as a
polygraph examiner is critical, inasmuch as he is conversant in the Spanish language,
also English, about 35% of the examinations given by him are in Spanish, or Spanish
speaking people, the fact remains, that if he is not there, since both polygraph
examiners have been terminated, that we are going to have to endure those people
who have been trained police officers, sergeants, lieutenants, or whatever, to fill
in this capacity, and when this occurs you remove` that individual from the street,
his assignment, and to me it doesn't seen like a good economy move.
Mayor Ferre; Is Mr, Rivero around? As T understand it, and we are not going
to get into all these details on this, but you had 9 years experience in the United
States Army with the intelligence, in polygraph, and that you have been with the City
of Miami for four and one-half years, What you told me, and which is what I thought
we ought to bring out here today was, that what in effect is going to happen IN, t;t)at
a police officer, a sworn officer, is going to be placed to do your job and they
maven t done this for a year a half and they are not conversant in Spanish language
and therefore the City really isn't going to save any money, so l don''t think we ebn
discuss it here, Mr, Rivero but l think we ought to get this on the record and
perhaps Mr, Manage you might have somebdvy review the merits of what has been pre
sented,
Grassier I think you are right Mayor, it
minietrative questto
Mayor Ferret I think it is also a policy matter AS to hcsw We go aboiit
doing some of these things.
Ctrs, t ordott: Was Mr, River() a full.,title or partatime employee of was he one
Of those senior citizens that tsas laid off.
Mt. Riverot I am a full -tithe employee since March 15, 1972,
Rev,0ibsotit Mr. Mayor and members of the commission, 1 don't know when I
am going to get an opportunity to take this up, but if this is opportune and appro-
priate, I shall, right now, This is the question. You tell tne, and if you are
going to let mite discuss it later on, fine. At the last commission I asked for a
listing of all the people who let out by departments and costs. I agree to give
the Manager 10 days. The ;tanager said he didn't need 10, he deeded 5. 10 days has
expired, I don't have that list and I am mad as hell, Now, if any other group of
people had been involved and were about to be fired, they would have had that information
F.D.Q. You know what that is Mr, Manager? Pretty damn quick. I am really up -tight this
morning because you put me over a hell of a barrel. Now if you can't perform, you
know Southern Bell is going to be before us this morning. They make a hellof a lot
of money because people use the telephone. Iwant the commission to know, that I
don't ask-----=10days have gone. This is the 1Oth day by working day. 1 learned that
much. Still I don't have that information. You know, we are bringing all these
high priced people here and here these poor guys who can't even eat, and nobody
gives a damn about them because maybe only 10% of the voters are black, --I mean
10% of the blacks vote. I: am going to put that into the record. I want us to start
getting our priorities right. It disturbs rre Mr. Mayor that we let people go who
can't eat, and have nowhere to sleep, and don't give a damn. I hope you will respond,
Mr. Mayor, in your amicable fashion and all that other business, and let the Manager
respond and let hits tell me why it took him 10 days and he said he didn't need but
5. Let me say this, so we can get it all out on the table, and respond. When black
folk are involved, we always come and find the black, --you only affect black folks,
so you come get me, if it isn't here, you will find a black who does. Those blacks
were out here, were about to tear up this damn city hall two weeks ago, and see,
that man there. He came up and told the Mayor, and the Mayor asked me if I wante d
to go out there, and asked me if he should go. I said no, no, you don't have to go.
I went out and talked with those men and quited them down, and assured them, and all
this time the Manager hasn't said a damn word, but Theodore, you go out and burn, baby,
burn. Remember what you told me when you first came here? I haven't forget it man.
It disturbs me. Everybody here could tell you. I play my cards fair, above -board
and treat everybody as a gentleman, and expect everybody to treat me that way.
Promises made to me, I expect you to keep them. If you can't keep them, do the
other thing. Do me the courtesy of picking up the telephone. You may not like what
I said. I don't like having to say it, but I don't like what you did to me.
Mr. Grassie: Just a couple of words Commissioner. You are right. I had indicated
that "I thought we could get it to you sooner and it has taken 10 days. I think if you
look at the report in front of you now,--
REv. Gibson: How would I be able to study it?
Mr. Grassie: I am not suggesting that sir, What I am saying it was just
duplicated this morning. You have it as soon as we could get it to you,I am
sorry it took longer than I thought it would, but we did get it to you as quickly
as we could. What r was saying was, if you look at it, you will see that one of
the thing;,; that we tried to show, was that for every lay-off, there is a bump -back
process,
Mayor Ferre; There is a what?
Mr. Grassie: -there is a bump -back process which sometimesInvolves5 or 6
people, It is because of that, because we wanted to show you, not only what happened
tQ the first person, the first position -laid -off, but in addition to that, what
happened actually to the 5 or 6 people which were involved in one lay-off, because
we wanted to give you that full picture, It has taken longer than I estimated, 1
AM sorry it has taken that long. I want to give you theinformation which 1 assume
is significant to you, which shows what individual is finally going to be affected,
Rev, Gibson,Mr, Grassie, again, I said something yesterday about that xoni.ig
— business, I want you to know that I won't play these thugs off the hip, The simplest
decent and appropriate thing to have done was to have given ma a cal1,'Father I said
I would do it in 5 days, and it has taken me longer than 5, bear with we, # At least
that Would haVe got fne out of the 'damn spot 1 was in, t hope it won't happen
again, If I did that to My l3ishap than,,,z-
Mayor Ferret hose you had a matter to b
irig up.
APPOINTMENT: ALAN ROSENTHAL) TO THE
voirm ADVISORY BOARD*
Mrs. Gordon:This is a rather
belittling in afiy way Father What
in other areas which will come up
I would like to appoint Alan
very anxious to help in the Youth
cool one, after that warm one. I at not
you said, because what you said has ramification
latex.
Rosenthal who is here. He is a young attorney
Advisory Council
Mayor Ferret Alan, will you please stand?
Mrs. Gordon: Alan is a young attorney in the
Mayor Ferre: We are happy to have you and we
in serving in the Youth Advisory Board,I want to
for your interest and your participation.
f irm
are happy you are interested
thank you and the Chairman
Mrs. Gordon: It is a very progressive group we have now and I am very
proud of them.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 77-65
A MOTION APPOINTING ALAN ROSENTHAL TO THE YOUTH ADVISORY
Upon being seconded by Commissioner Gibson, the motion
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer,
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
None.
WAIVE READING OF MINUTES OF PREVIOUS COMMISSION MEETING.
A motion to waive the reading of the Minutes of the previous meeting
was passed and adopted by a unanimous vote of the Commission.
DISCUSSION ITEM: RESIGNATION OF CHAIRMAN OF YOUTH ADVISORY BOARD
AND DEFER APPOINTMENT OF NEW CHAIRMAN
BOARD
Mayor Ferre; Ken, I understand we received a letter from you, which I didn't
know about of your resignation as Chairman, which I am very sorry to hear, I know
this has been an important thing for you, and certainly important for the City.
I want to really, in accepting It commend and thank you, WE will have the appropriate
proclamation. that we would like to present to you at a future commission meeting.
I would like,and I have not seen the letter, so I am not privy to what it says, but
I would like your recommendation as to how we proceed, Perhaps we can discuss this
some other time.
Mrs,Gordon; Briefly I think the Chairman is here too, Oscar Rivero, I believe
you are the new Chairman aren't you?
Mr, Plummer; I honestly feel that the Board should surrender to the Commission
in writing their rePommendation, I think it is only appropriate that should be dons
before this401111040i011 takes any action, I have no objections to this gentleman, b4t
think it is proper to foiow procedure.
Mayor Ferre: The chair rules that Commissioner Piuttit►et certainly deserves,
and t think we all really do, that courtesy, to really sit dowti with the proposed
new Chairman, Ken, and I would like for you to be inVo1Ved it these meetings, and
meet each one of the commissioners and discuss.
Mr. Ken Friedman: We would be happy to do that. Whenever formally you
arrange to schedule it, it was mentioned in my letter of resignation.
Mayor Ferre: I have not read the letter.
Mrs. Gordon: That is what T thought. That is why I mentioned it► It Was
in writing.
Mr. Plummer: Nobody but the Mayor got the letter Rose,
Mr. Friedman: I want to apologize to the Commission on that.
Mayor Ferre: I agree and I think you agree that Commissioner Plummer
entitled to legislative courtesy:
Mrs. Gordon: Nobody is arguing.
Mayor Ferre, This will bc: left in abeyance until, Mr. Manager if you
would schedule it for the February meeting on the schedule.
PERSONAL APPEARANCE: DAN I EL EALEY
REGARDING WAGE DISPUTE
*4a"or verre: Item R is or.Gona1 anr,ParaneP of Daniel Ealev. Mr. Ealev under
our rules, you have 5 minutes to make your presentation. We made that commitment
to you last time. So make your statement.
Mr. Plummer: As I recall at the last meeting, one reason this was deferred
was to give the Manager the opportunity, and his staff to meet with with the gentleman?
Is that wrong in that.
Mr. Grassier I believe you are, Commissioner. As I recallthe reason was that
Mr. Ealey wanted more time and we had run out of time because we had to go to another
agenda item, and promised him an additional 5 minutes.
Mr. Plummer: 1 stand corrected.
Mayor Ferre:'We got,into a pretty heated discussion. Mr.Ealey made the pre—
sentation, the statement was made by the City attorney, correct me if I` am wrong,
that there wasn't anything the city commission could do about it. Mr. Ealey insisted
on discussing it further. It was very late in the evening, we said let's take it
up early in the morning so we could listen with a little bit more clarity. So Mr.
Ealey you have 5 minutes,
Mr.Ealey: Thank you Mr, Mayor. Good morning commission. It wasn't my intention
to appear before the commission this morning, but I had other business down here.
AS I am up this morning, Mr. Mayor I would like to find out from Mr. Litvak the
reason why I am not getting supplemental disability. Once he answers this question
then I can go ahead on and outline and try to show that this is a legal tatter,
and possibly also administrative matter.
I would like to ask Mr. Litvak why was I cut off, supplemental disability
and also recover, -art --supplemental disability that Wh$ paid to me,
Mayor Eerre, Mr,Litvak?:Mr. Crassie through you to Mr. Litvak,
Mr, Litvak; Mr, Ealey was advised of the rules under which he was receiving
payment and he was no longer qualified to receive supplemental disability, He
is. aware of the reasons for them, he is represented by an attorney, and he has
a claim filed against the city with reference to it,
Mr, haler. Akay, Mr, Mayor and cottmissioners, what Mr,
that I am bind with to the contract, that was signed October 1, 1974) if Mt.
titvak had checked the records and also the City Attorney he would have seen
that the claim have already been filed, when the contract went into effect when
it was sighed October 1, Claim was fired in August and September 1974 prior to
the contract being signed, which not eligible to receive
supplemental disability. I have a folio which have been authorized by
`fallahassee§ that they claim have already been filed. Why Mr. Litvak and the City
Attorney do not have this, l do not knot . It is in my folder and my attorney have
it now.
Mayor Terre: Anything else on this item? At this
item No, C.
time we will take up the
ILL BRIEF DISCUSSION: PEOPLE MOVER SYSTEN TEMPoRAR i L.Y DEFERRED
Mayor Ferre: Anybody here on item C, the downtown people mover? If not
we will skip over that and come back, You are here on item C.
Mr. Angus Smith: Mr. Mayor and members of the Commission. We have a new
executive director of the Downtown Development Authority. He hails from Atlanta.
He was urban design director for the Central Atlantic Progress, his name is Roy
Kinsey. Roy will you stand please.
Mayor Ferre: Roy, we want to welcome you to the City of Miami and we hope
you can do for the City what was done for Atlanta and we expect nothing less.
Mr. Roy Kinsey: I am looking forward to working with the City Commission
and I would like to at a later date meet with each member and discuss with them
my thoughts about: downtown and get their ideas too. I am looking forward to working
also with the people mover project which is an item discussion now. I was responsible
for writing the people mover application for the department of transportation in the
City of Atlanta. Unfortunately we lost out on federal money as did Miami, but
fortunately Miami is in a little better position to move ahead on the downtown
people mover and I know, the Board of the Downtown Development Authority endorsed
the project and also the City Commission, and looking forward to hopefully moving
towards implementation if the county will act on it.
Mayor Ferre:If you can stick around a little bit, after we discuss the Y
and Municipal Justice Building and Grove Key Marina we will come back to this
At this time we will skip over item C and get to item D.
11. DISCUSSION ITEM: FUTURE USE OF FORMER MUNICIPAL JUSTICE BUILDING.
Mayor Ferre: Is anybody here on item D. This is the future use of the
Municipal Justice Building. Could we turn off the lights, unless you are taking
pictures?
Ali right, Mr. Manager.
Mr.Grassie: This item Mr. Mayor is here at the request of the City Commission.
We have two things basically. One a summary prepared by Mr. Parkins of an older
study done on use service agencies for the City. That is summarized in the memorandum
you have as agenda item D. You also have a general information memorandum which
indicates some expressions of interest of other governmental agencies in the possible
purchase or use of the building in question, the old police justice building. Those
two things' are in front of you.
Mayor Ferre: Who wants to talk on this? Come right up please.
Mr. Willie Bermiil.o: My name is Willie Bermill.o. I am chairman of---------
Kiwanis of Little Havana. With me today is Leslie Pantin, Jr, president of the
Kiwanis Club,
Unidentified speaker; Mr. Mayor,Comm
two Months ago, we expressed our interest
and ,evaluating the possible re -use or
as a Youth Comprehensive Service Facility
issioners, Mr, City Manager, :tpproxiit;tc.(y
in assisting Commissioner Gordon in rrview ng
of the Municipal .Justic'v Jh;ildin}
We reviewed and analyzed a dor;craent prcpnred
1
by the City of Miattii, and it was obvious to us, that there is a treed ti attend
to the problems that ate affecting the youth of our community, There are two
ingredients which we feel ate itinportant about this site and for this facility
to be a successful one, The first one, this facility should be Closely irtettwitted
with the adjacent community,whether it be A1lapattah, or the community of
that expresses the most interest, We feel there has to be community support behind
this type facility.'
The second ingridient is that it should have a major recreational focus
so it has a wide regional appeal to Dade County. One thing we that is Very important
as we look at this facility, and that is, if we analyze this facility, on the
one "hand as the highest and best use, I can assure you that it wouldn't be a
youth facility. On the other hand if we say theoretically which should be the
best site for such type of facility, we would come up with a different site, What
we feel that the question is at hand, is that we have a site that is available,
whereas if a better theoretical site, we might have a building but the building
might not be available. We have the problem the youth ate facing, and we have a
building that is right there. There is where the Kiwanis of Little Havana steps in.
We come here formally to you today to express our interest in assisting the City
in these matters. We are concerned with the youth of our community, we would like
to aid you in any way possible.
Thank you very much.
Mr. Ken Friedman: I Served on the committee that worked with Mr. Parkins
to draft that proposal for you, as Chairman of the City of Miami Youth Advisory
Board. We had two bits of philosophy we thought could work for that facility.
No. 1 we saw it as a way of eliminating duplication, and creating a system where
every youth agency in the south Florida area could be housed in one location, where
you could funnel it from the top on down or the lower portions all the way up.So
any person in trouble, any youth could find a source for help. We thought this was
a central location and could be very easily implemented.
No. 2 we saw the need for a recreational facility and a way of creating some
way to enhance movement' into the City of Miami, by the youth. We are always talking
about reviatlizing downtown Miami and one way to create more recreational facilities
for the young people, to get people to use our facilities, and to get young people
into the City of Miami. We think this facility, the old police building, could
be used as both as both a housing of the agencies and as a recreational facility.
We think it is viatlly needed by the youth of our community and we would like to
see it used in those ways.
Thank you.
Mayor Ferre;Mr. Manager, the memorandum dated January 20, signed by Mr.
Parkins, is one in which information is given, but in no way is it conclusive
in any sense, in that there are no recommendations. Now, this has been a matter
that this commission has been dealing with for over 2 years. 1 recognize that this
is not necessarily your responsibility, since you have only been here for some months.
I do think it is a major decision that has to be made as to what we do with a major
asset of this city. As I recall, and this is out of memory, the alternatives were
one, --we sell the property, two, --we turn it over to Metropolitan Dade County
and with them or through them, with their support, do something that would be
of community value. It could be hospital -oriented or health -oriented, youth -oriented
or what -have -you.
The third thing' has been the recommendation that Commissioner Gordon has
for two years now, that we move along in converting this into an active
honest -to -goodness youth center with all the ramifications, and the implications
of the cost of what that would be. I really think we need to come to a conclusion
on this. I would like to ask you, how long is it going to take for You to come to
a recommendation, For example, we have the problem with the YWCA we are going to
be talking about in a little while, I don't know whether the new owner of that
building is going to have any space for the Y, but perhaps that might be a place
for such place for such things as the YWCA and YMHA and all the different Y's,
youth activity oriented, would have space to meet for activities, administrative
space and etc,
Mrs, Gordon; That is a good idea you just mentioned, because they are interested
in a central near downtown locution,
Mayor Ferre; As far as Dr. Hen is concerned, God knows, he is the father image
Qf this community, We all love him and respect him, he really is the conscience of
this community in many ways, 1 think me may not have thought this thing through,
,completely because the bridge is something that is rendering a valuable service
Mainly in the downtown core area, and mair►1y, as I. understand it, oriented to
the kids going to the university there, 1f he gets away from the cote steal t
don't know whether this serves of doesn't serve, but again that is something 1
don't think 1 am teualified to make that decision. I think we realty deed some
study from the adtninistt'ation with specific recommendations, 1 think we have to
bring it to a head. I don't need to defend you or apologize for you, but 1
sympathize for you with a myriad of things that you have on your head, that are
all urgent and need answers immediately. Within reason when do you think we could
have some kind of recommendation?
Mr. Grassier I am a little more cautious than I was an hour ago, I don't
see any reason why we should not be able to give you a recommendation with regard
to use of the police justice building, the meeting after next.
Mayor Ferre: You are talking about February 24?
Mr. Grassier Correct. If you want us to try and resolve in the meantime,
the question of the bridge, which could be considered to be a completely separate
question, but one that can be treated in parallel. That probably should be dealt with
during this period also.
Mayor Ferret Joe I think what we are .saying is, you have to consider all of
the spectrum of things because the bridge may or may not be compatible with a Y,
T don't know. These are the type of things that you are going to have to have
analyzed, whether the building is large enough that you can divide it in sections,
I think one of the alternatives that Paul Andrews was considering, was as a detention
center of some sort.
The other thing that was being considered, that of course was with the
State and with the County. The other thing that was being considered was as
an administrative, ---since we have been talking about knocking down some of these
buildings here on Pan American Drive, that that might he a place where we can house
some of our city functions. There are a whole spectrum of things that need to be
analyzed.
Mrs. Gordon: May I read into the record a letter that I have here which
was addressed to you Mr. Mayor on June 17, 1976 and signed by Alvah Chapman.
'At the June 14th 1976 meeting of the Downtown Action Committee of the Greater
Miami Chamber of Commerce,it was voted unanimously to recommend that the City
of Miami form a coalition of all agencies in the community involved with youth
facilities and activities and further that the City assume a leadership role
within this group, to provide the best possible recreational program and activities
for youht in order to deter crime in the downtown area. This recommendation is the
result of a study undertaken by Dr. William Stokes of the Miami Dade Community
College, downtown campus, who is a member of the Safe Streets Committee. This
is an indication, ----when 1 can have the Manager's attention. I'll continue, --
Mayor Ferre: It is not his fault, it is my fault.
Mrs. Gordon: This letter has been part of your record for a long time.
Obviously he doesn't have it because it preceeds his arrival. The entire community
Mr. Manager is focusing in on the need to reduce crime. This entire community recog-
nizes a great amount of crime in this community is committed by juviniles. A great
amount of people in this community recognize that young people have to be diverted
from crime, that they have to have a pre-deliquency diversionary program, And there
are many agencies that are attempting to do something to help in this direction. The
downtown action committee recognized this a great many months ago, The Miami Dade
Community College recognized this many, many months ago. Dr, Ben Sheppard, Chairman
of the School Board recognizes this, and recommends that it be done. The United Family
and Chil.dren's Service who handle the problems of young people and families are
interested in helping their counseling services that we call upon from them, if
we all join hands together Mr. Manager, you might find that your police budget
might in a position to be cut. because if in fact, we can divert young People
through skilled training, through recreation, through counseling and the bridge
fits into that concept, because it provides a temporary housing for the run -away
youths, This also provides a 24-hour, around the clock place, When a child has to
run somewhere, he has a friendly person to run to, So all of these agencies, and
l.ntetageneies working together, can effect such a benefit upon this community, we
cPuld be Not 1, outstanding, in the United States of America, addressing ourselveti
to the major problem that we have, and that is crime.;
4r,�a py et ego,
Mayor Fette: l subscribe completely to your words, and support you
completely in the sense that, there is no question that the Majority Of crife
committed in Miami like in most American ur'lan areas is committed by young
people, unfortunately. As a matter of fact; t think it is something we should
really address on a preventative basis and whether this is the way to do it Mr.
Grassie, or not, L don't know, I think this is something you should give very
serious consideration to and we expect to get a report from you by February
24.
Mr. Plummer: May I just interject, Mr.. Grassie for your thinking, that
you might want to consider for the bridge, the old fire station NO. 5. It is
in an area which 1 think would not create problems, since 5 will probably be
abandoned at the completion or the new facility on 20th Street. Dr. Sheppard
did do a good job with the old fite station NO.2, so I commend that to your
thinking for posibility of the Miami bridge.
Mayor Ferre: Anything else.
12. PERSONAL APPEARANCE: MEmBERs of THE GIRL SCOUTS
PRESENT COOKIES TO THE CITY COMMISSION.
Mayor Ferre: At this time I would like to ask the Girl Scout Council
of Tropical Florida if they would step forward. I know they have a presentation
to make on the cookies to the City Commission. Why don't you girls come up.
All the Scout leaders, the Brownies, everybody else. Why don't you come on up?
Mrs. Gordon:This is a very pleasant occasion. Last year's cookies went to
the Day Care centers that the City maintains and operates and the children were
delighted with the gift that the Girl Scout made to them in the form of an anonymous
donor last year, the so-called cookie monster who is sitting back there right now,
but unidentified as this year's cookie monster. Vince stand up.
Unidentified speaker: --to present these cookies to the Commission in
honor of the opening of the cookie sale.
Mayor Ferre: Thank you very much.
15. PROPOSED CHARGES TO GROVE KEY MARINA LEASE AND ACCEPT IN PRINCIPLE.
(SEE LATER RESOLUTION Nos, 77-96, 77-97 AND 77-98.
Mr. Grassie: I would like, Mr. Mayor for Mr. Fosmoen who has, dealt
with this proposed lease, most closely to introduce, the subject.
Mr.. Fosmoen: At the last commission meeting there were several questions raised
with regard to minor points of language in the lease. We have made those changes,
specifically excluding any bad debts from promotional consideration, and we
specifically excluded the access road leading to the property from the lease, on
the map. I believe there was another question raised and the reason for deferral
was an issue raised by Commissioner Gordon as to whether or not, the city had to
negotiate for leases, or whether we had to use competitive bidding. I think Commissioner
Gordon asked the attorney's office for a response to that.
Mayor Ferre: Did you get your response Rose?
Mrs. Gordon, George do you have any response to
involved? With regard to the 30 year lease,
M. Knox: Yes. There is no necessity to engage
and NO, 2, a 30 year lease is permissible,
in competitive bidding. N
Mrs, Gordon: As a matter of legality, the city does not in any case have to
put out for public notice the fact that we are going to be granting a 30 year lease,
Mr, Knox; That is correct Mrs, Gordon,
1
Mayor Ferre: Any other gUestions? Mr. Fosmoen, you have negotiated
this, and Mr. Grassie, 1 know you have read this over very carefully, as I
hope all of us have. You feel this is a good deal for the City of Miami?
Mr, Grassier Yes this is a good deal, assuming that it is the policy
position of the City that you want private industry, private enterprise to
build a restaurant on that property.
Mayor Fetter I would like to reiterate my opinion for the 100th time,
1 would like to see not one, but 50 of these.
Mrs, Gordon: 1 would too. No question about that, I am interested in only
one thing and that is, that public notice, that such a transcation is going to
take place and that people are notified, that it is a public property, that is
going to be granted, a long-term lease, without competitive bid, is the only
think I am questioning, not the validity of private enterprise operating. We
have already established that, the Rusty Pelican and the Green Dolphin is also
operated by private enterprise. However, when those operations went into being,
they were a part of a, I believe they were a public notice for solicitation
for operations of a facility of that type. If I am wrong, correct me.
Mayor Ferre: I think the deal that was made with the Rusty Pelican was
a negotiated deal. We went through the formality of advertising._
Mr, Plummer: You have a different ball game here entirely, and that ball
game is this. The subject property in this unique situation, is already under
the control for the next 8 years of Grove Key Marina, not like there is a proposal
I know forthcoming for a restaurant on this side of Dinner Key, who at the present
time, no one has any option on that property and without question in my mind, would
go to public bidding, Rose. But here it is a different ball game. Here we are faced
with this decision. Either negotiate with Grove Key so we can do something now,
or we then are bound to hold and do nothing for 8 years until their option runs
out. I don't see the two Rusty Pelican had no option when they went in there
and bid. Green Dolphin had no option. There is a difference here , and I see a clean
cut difference.
Mrs. Gordon: I want to go backwards, because I certainly not one who was
against the extention to the 8 year period because I was a proponent out
of equity, to the situation. The situation was that the neighbor to the north had
won in a court case the right to stay in that property, for the additional 8, or
10 years at that time, term. The inequity as it was at that time, was that this
person was going to be replaced or displaced and the neighbor to the north was
going to take over and operate the entire operation for that remaining period.
We granted 8 years; I agreed. I was a proponent, because it was equity. Now we are
saying 30 years. Now the neighbor on the north has to come in and say we want 30
where do we stop? This is the way the thing has been going. Where is it going
to continue and when is it going to end?
Mayor Ferre: Rose I would like to answer that this way personally. I see that
we have a representative from Merrill Stevens present here today. If Merrill Steven
or anybody else, who leases a piece of property from the City of Miami, would make
an offer to the City of Miami that improves the property, improves the community,
improves the image, and gets this city moving, in the way it should have been moving
for the past 30 years, we ought to be a minature San Francisco. The waterfront of
Miami, ---we ought to have people flying in from Cincinnati and Chicago, just to come
visit -Dinner -Key., What is the name of that place in Southern California? Marina Del Rey.
Marina Del Rey ought to be a second rate operation compared to what we ought to have
here. And it is the other way around. I really think we have to take some bold moves.
I know a lot of people are concerned about the juxtaposition of all these judicial
situations, --sunshine, open bidding process. I submit to you, if you go from city to
city around these United States, whether it is Cincinnati, or Buffalo, or Philadelphia,
(and I have done this) and you see what has happened for Renaissance Center in Detroit.
You just see what has happened in Atlanta. It has happened by the private sector and
government working hand -in -hand, taking some very bold steps, that in Florida have
not happened, because everybody is scared, (I am not talking about you, you are a brave
gal), --but most people around here are scared to death of being criticized in the
editorial pages, some unnamed local Miami morning newspaper, somebody is going to say
this or that, and as a consequence, even though this local newspaper has tried to
do good, it has heel without any doubt, the single most negative force holding back
progress in this community. Because everybody is scared to death that tomorro►'s
editcr'ia1 is gefng to blast us out of the water for doing some thing that &pesn't
3
fallow,-�$ =every t has to be crossed, rot only the reality but the very spirit
and therefor es a consequence, we sit atot'nd blasting each other, criticiting,
scared to death of what the next editorial is going to say, and ttot doing anything,
with all due respects to all of us, including ine, I think it is time really, for
us to have our owit conscience, and if we k tow We ate doing the right things tot this
community, to dove a little bit of boldness, and tnove ahead and get these things
underway,
Mts. Gotdon: Just reiterating, Mr. Knox:, just in a very few words, that the
proposed transaction that we are about,... ---the step we ate about to take, which
extends a lease to 30 years, with the present occupant, which catne about originally,
as t have outlined it, is a legal process that you approve of
Mr, Knox: Yes ma'am.
Mr, Plummer I want to make the record clear Mr. Mayor, and t don't want to
bring up a sore subject. I think the record is being established here for a reason,
and I don't want this to pass. I voted against the Bayshore Restaurant lease, but
let me tell you, that restaurant lease,--1 know there are many facets to it, was for
30 years, By the way, so the record is clear, I didn't vote against it because it
was for 30 years, I think the precedent was established for the 30 years on the
Bayshore Restaurant facility.
Mayor Ferre: Whicl4s that one?
Mr. Plummer: That was Monty Trainer.
Mayor Ferret Oh, yes
Mr. Plummer:That was given 30 years, and I recognize the reason for it, so
the City would acquire a piece of property in the transaction, not that I_ am for
or against it. But as fat as the 30 year clause, it was established in that lease.
I want the record to be clear.
Mrs.Gordon: Let the record be very, very clear, that that was bid out, and
was not a single proposal that we negotiated. Now, the records are clear, because
the same participants are here today, were bidding in that particular property.
The one that was chosen, was chosen because of the advantages of that proposition
were such that the City could hardly turn it down. Untimately the City was going
to own a piece of land, that it does not presently own.
Now, the records are totally clear.
Mayor Ferret Any further discussion?
Mr. Plummer: Yes, the point that I was making in reference to the Bayshore
RFstaurant,' was not as to the public bidding, but the establishment of the precedent
of the 30 year lease.
Mrs. Gordon: There is no problem with 30 years leases, when they are bid out.
That is the only question that I asked the attorney to answer to and he did. He said
it is legal, and as far as he is concerned, there is no obejction, and that is the
end of it,
Mayor Ferre : What you are saying has already been said 2 or 3 times. If you
have something new to say, -_---
Mr, Plummer: I move the lease of the Grove Key Marina, It has to be done
on two portions. You want it done now or in the afternoon. I move the Commission
accept it and we will pass it formally this afternoon
A motion to approve the Grove Key Marina lease was passed and adopted
by a unanimous vote of the City Commission.
Mayor Ferre: Let's get going. I want to see that restaurant underground soon,
and I hope Mr. Manager, your very capable assistant Mr, Fosmoen will come up with
a similar type of good deal. with Monty Trainer,
Mr. GRassie; Just for your information Imo, Mayor we hope to have that on your
agenda, don t castigate me if I don't make it,
RIav, Gibson; , Wet, . , 1 am going to respond because he is talking to Meg
2 '1977
Mayor Ferre: I understand,
Rev, Gibson: Remember that Mr, Grassie, When you can't keep your promise
the gentlemanlike Way is to call and say I couldn't keep my promise, You can''t
get mad With me for that,
Mayor Ferret Joe, t want to make sure on the record, if Merrill Stevens
wants to do something similar, we want to welcome them to come up with a proposal
that willimprove that area. 1 want to say Mr. Grassie, that I certainly hope
that after we finish with Monty Trainer, that we get going on the one restaurant
here for the auditorium and see if we can advertise, and get that one going, and
I certainly hope that within the next 2 or 3 years, we will have along the waterfront
at lease 3 to 4 new restaurants, that people will be willing to drive down from Palm
Beach and Ft. Lauderdale to go to, just like some us like to, go up to the Down and
Under in Ft. Lauderdale. I don't mind the hour trip, because it is worthit, That
is the kind of place I hope you fellows will end up putting here.
Mr. Meredith: Mr. Mayor and members of the Commission, thank you very much
and we are in complete accord with that, It is a very exciting area, and we are
happy to be a part of it,
Mayor Ferre: I don't want you getting angry with me, because I want competition
for you. I am going to be pushing for two or three other restaurants, and I<want them
to be better than yours,
Mr. Meredith: The more the merrier.
Mr. Plummer: Mr.Mayor I. think the record should also reflect the thanks of
this commission to Mr. Fosmoen who did a good :job on this contract, and who did
I think negotiate in the best interest of the city.
14, PERSONAL APPEARANCE: NEW OWNERS OF Y,W.C.A, PROPERTY AND CLARIFICATION
AS TO ITS INTENDED USE.
Mayor`Ferre: We are now on Item C, the YWCA, Mr. Manager.
Mr. Grassie: This item is here for discussion for a status report Mr. Mayor.
I think you know from news media reports what basically the status of that property
is. The banks have agreed to sell, the proposed purchasers have made a a good -faith
deposit. I have met with them, yesterday, and they indicate for the information of
the City, that they have use for the entire building. Their operation is such that
not only all of the residential space, but also all of the so-called meeting room
space, would be occupied most of the year, by what they propose to do. There are some
remaining loose ends. There are some covenants that run with the title. I would suggest
those need to be clarified, and if it is the willof this city commission, the staff
willwork with the proposed new owners to try and get some kind of agreement on those
covenants should be handled.
Mr. Plummer: Covenants for what purpose?
Mr. Grassier Specifically they have to do with a prohibition of maintaining
cooking facilities within the building if the building is sold to any owner by the, ------
Mayor Ferrer You have a letter from Mr. Watson who happens to be here, and
a proposed resolution . You want to speak to that Mr, Watson?
Mrs, Gordon: The original covenant gave the variances, granted to the Y for
their particular kind of usage, 1 don't have a copy of the covenant here. Perhaps
Mr, Watson has it there with him, the Y Covenant,
Mr, Jack Watson; Mr. Mayor and members of the Commission, my name is Jack
Watson, my address it 12600 Old Cutler Road, I represent the new owners of the
property in question, John Kettle, and Maria Floyd, They are the owners and operators
of the Fashion College, which is presently located in downtown Miami in
the DuPont. FiaZa Building, We are in this situation. Mr. Kettle and Mrs, Floyd wotald
you come up please?
In eNamining the title, there was a covenant that was given by the YWCA to
the city of Mi mi, Which prove in essence, that should the building ever be sold
c
or teasced § that the cooking facilities Which were .allowed by the City to go
in the resident ai npirttnents, would he retuovecl: The covenant further provided
that the city had the authority, should it wish to terminate that Coveti,nt. WO
hai►e giveh copies of the covenant to the City Manager, city Attorney and t delivered
an envelope to each of the CotMissioner's secretaries yesterrday with that coven tt
in it, We also have drafted a proposed resolution which we would like the City
to consider and adopt and that has else been delivered to the authorities. YOU
also have a letter from the Y transmitting this proposed resolution and requesting
the City Cotnmissioti to adopt the essence of the resolution, -- is to allots the k1tthetiss
the same permission for the kitchens to remain One other thing is, sotnehow, this
building got a final CO., and the top 5 floors had tot been completed. We would like
to complete those floors in accordance with the rest of them under the code that
was in existence at the time, so it they would all conform, and look the same.'
That is about it.
Mayor Ferret Mr. Watson, I was wondering perhaps, since Mr. Kettle did come
here and we welcome the opportunity to chat with him. We would like to know here
exactly what Mr. Kettle intends to do with the building. I happen to think, -it going
to fit very well with our Convention -Conference Center. I would like to hear that
from hits himself,
Mr. Watson Could we let Mrs, Floyd, she is co-owner.
Mayor Ferre -explain what the future is, are you going to have any parking
problem, how many people you arc going to have there, and you have full use of the
building, what are your projections for the future, do you have an architect, are
you going to finish the 5 floors in the top, if so, when. Will you talk to our architect
and see if you can fit into our plans.
Mrs. Maria Floyd: Are you asking me to answer all those questions?
Mayor Ferre: Yes, ma'am, I certainly am.
Mrs. Floyd: We have presently,(we are the largest tenant in the DuPont Plaza)
that is where we have our school and domitories.
Mrs. Gordon: How many sq. ft. do you occupy?
Mrs. Floyd: We have four floors of the apartment building for domitories.
I don't know how that breaks down in square footage. We also have buildings on
Brickell Avenue in the 2200 block that we also use. We house about 400 girls in the
Dupont Plaza Apartments and the Brickell Avenue property. We teach about 400 or
425, in the classroom area. In the Y, right now, the existing building, if the top
5 floors were completed, exactly as the lower floors were, with the same set-up,
where you have 2 girls to a room, we would house approximately between 335 and 350.
What is referred to now in the Y as meeting rooms would be our classroom facility.
The way it is set up, in discussing it with Mr. Grassie yesterday, we have no
intention of changing the exterior of the building except taking down the Y paint
on the building and we do no major change in the building at all, other than completing
the top 5 floors. We would expect to complete those immediately upon closing because
we have,
(inaudible remarks)
Mrs. Floyd: ---well, right now, the closing was set between 90 and 120
days. We would be happy to close tomorrow, if it was possible.
Mr. Watson: Let me say this Mr. Mayor, the closing date ,----the Y had 90
days to vacate the property, at the time the contract was entered into. That 90
days is running, If they vacate sooner than 90'days, we close sooner,
Mrs. Gordon; Are you planning to just use this for students, and not for
any outside residents, other than students of your college?
Mrs, Floyd; Absolutely correct, I want to answer the question I was in the
Process of: answering when I complete the building. We have right now, already
enrolled for next year 225 and we haven't gotten into our enrollment period.
We would need occupancy of the top 5 floors by September, so it would have to be
competed by September,
Mayor Ferre: it is your expectation then to house the students,
you can, at the V building, but you ere going to need also more,
Mrs. Floyd: No, we plat: on, our projection tight now, is to house the
number of students that the Y will hold, which is between 336 and 350, and some
of our students do not live in the dormitory. They are day students, commuter
students. And that would be the entire operation of Bauder Fashion College.
Mayor Ferret Self contained.
Mrs. Floyd: Self contained.
Mayor Ferret How long does the course ususally lest
Mrs, Floyd; One year, or two years. A girl can come for one year, she can
go for two years and get an associate of arts degree, We tr,3ch interior design,
retailing and fashiondesigning, We have been in the downtown Miami area for
14 years,
Mrs: Gordon: May I speak to your use, and 1 quoted this statement to the
press several days ago, long before an editorial appeared. The statement I made
was: that, I thought your use was a compatible use, My question to you is, why
do you have to have those kitchens. Those are the non -conforming part of that
building design.
Mrs. Floyd: We as administrators of the college don't have to have those
kicthens, because right now, our students arenot living in a domitory facility
per se. They are living in apartments and they have cooking facilities, right now
in the Du Pont Plaza and in our Brickell domitories. If the students had use of
the kitchen faciliities in the Y building right now, it would be a greater convenience.
We can go in and put,(it is already there) a little restaurant type thing, it is
there on the ground floor in the Y right now, and we ::an operate that certainly as
a profit. It would be convenient the 3 or 4 hundred students going in there, by
having use of ,i kitchen. Girls are there studying, they want to get a cup of coffee,
tea or coke, whatever the case maybe, for fix breakfast, the kitchens were there.
They don't cook as we homeowners would cook: Those kitchens are not basically set up
to cook as a home.
Mayor Ferre: Your students, they come from where? From all over the U.S.
Mrs. Floyd: From all over the United States, primarily from the N.E.
Mayor Ferre: It seems to me, that one of the things we, in the City of Miami
have wanted to do all along, if they get a downtown campus of FIU, University of
Miami, and to bring people into downtown Miami. I think it is arc addition to the
downtown community, and certainly think it great that the private sector is going
to pitch in. I want to make sure that it fits as'smoothly as possible, with our
convention conference center. For example, we own property on all three -sides.
Mrs. Gordon: You are the hole in our doughnut.
Mayor Ferre: We may really want someday to bridge or have a connector which
would not be of inconvenience to you, but we may need some air rights so we can
connect between side and the other. I don't know that will happen. But we would
like before anything in a final phase, for the administration to really aid down
and negotiate all these things, or at lease discuss them with you Jack before we
get into final phase of passing any of these resolutions,
I want to say that in principle I am completely sympatheticand would want
to help as much as possible. I want to make sure before we start conceding and
doing all types of things which I think we want to do, and 1 think appropriate,
I want to make sure that whatever things that the City may need for the future,
that we discuss them and we have an agreement, If we don't have an agreement,
we will cross that bridge when we come to it
Mr, Floyd, Mr, Mayor we met with Mr, Crassie yesterday and at that poing he
discussed some the city's possible needs with us, and we basically, for example
be suggested would we have meeting rooms available from time to time, and carry ever,
and in the evenings, if fit into, --we are not using our classrooms in the evening,..
they are available on wee1 ends, We made it clear to Mr, Grassie and the other two
gentlemen we mot with yesterday, that we were more than happy iQ be cocperaifvy in
that resPect,
Mayor Metre: And that is great, This is an old saying in Spanish, that
once you pay the fiddler, it is a little bit differerit. All 1 am saying is, 1
atn hot trying to say that- we ate going to hold you up in any way, 1 think if we
are going to cooperate, I think it is nice to have the ground rules of how we are
going to cooperate before we sign on anything, I waist to make sure, Let the be,
very specific, It might be, I don't know, I won't be Mayor, somebody else will
be here to do that,but if we are very successful with our Trade 'Pair in 1918, we
may want by that time, we may have brought the Chamber and everybody together
to pick a site, in that vicinity, Rose, and at that time, I couldn't agree with
her but it wasn't that I couldn't agree with what she wanted to do, it was just
the timing of it, t thought we needed to get our conference and convention center
going, but she happened to have been 100% right that we need a major auditorium
in the downtown area which really, another word for, an exhibition hall, is a
trade center. That is what a trade center basically is. A Trade Center is a place
where people go trade. It may be that we might work something out with the people
who own the property beyond our park someday, that could be a perfect location
for the expansion of our conference convention center,_ WE may need to have a way
to connect and the only way to connect, might have to be an air space over your
property somewhere. I think that is something we ought to discuss now, rather
than 4 years from now.
Mr. Watson: Mr.Mayor I am sure that the Commission just like you, you don't
want to hold us up, but you do want to try to negotiate the best deal you can for
the City and I respect you for that. I was wondering this, that we have a time
problem and the resolution that we would like to have adopted has been presented
for the Manager and commission and the attorney's consideration. I was wondering
could we come rack at your next meeting, and get something yes or no.
Mrs. Gordon: 1 have to get an answer Mr. Mayor to a few questions, that I have
to know. What were the deviaition in the zoning that required this covenant to be
put on record. l would like to know whether it involved fire hazards or other hazards
or whatever. Just what are they?
Mr. Grassier Would like a report on the initial considerations and why
it was granted and etc.
Mrs. Gordon: What specifically are we referring to by way of these covenants.
To the purchasers, if a time should arrive where you felt this college was inadequate
to your needs and it this commission granted the extension of the variances that the
covenant provided for, if that time came down the road, somewhere, sometime, that
you abandoned or sold, found other uses for that building other than the uses you
are describing today, would you then remove these variances from the property. The
deviations form the zoning code, the concessions that were granted to the Y. that
you are asking us to grant to you.
Mr. Watson: The only deviation for the zoning code was a removal of the kitchens
and the answer would be yes, we would remove them.
Mrs. Gordon: Anything we might enter into with you, would specifiy that if
you leased or sold or found a new use for, that property, you would return the property •
to its original zoning requirements.
Mr. Watson: We couldn't say lease because in essence we lease to our own
students.
Mrs. Cordon; That is not the terminology, other than your students.
Mr, Watson, Okay,
Rev. Gibson: Mr. Grassie, you won't need 10 days to do this. You could have 30
I would be i'i. ested in knowing how it would increase the fire hazards in downtown
Miami, You sr.•e, if you have 30 rooms and yot. have 30 stoves, that is one thing. If
you have .",0 rooms and one stove, that is another, and I want to know what precaution.
or preveuti.n, we could take to overcome that possibility,
Mrs, Cordon; That would :• =quire a report from our fire department, Commissioner
Gibson,
Rev Gibson; lie is the mender,
1377
i
Mts. cordon: Okay, he will have to get It theft.
Mrs. Pl0yd. The only thing 1 would like to go Oh t=ecotd saying Is that out:
leases with the DuPont Plata and our hrickeli Avenue properties ate up May SOth.
We have already contracted students and because of all the publicity, our students
ate aware of the fact that we ate in the Y and they are asking us questions, when
are wemoving in, that sort of thing and we are running out of tithe. So we Mould
appreciate the Cotttmission acting at their earliest convenience.
Mayor Ferret Or February lOth, once the Mattager cotes back with all these
things, we will take it up first thing in the tt►orfittig.
Mrs. Ployd: Thank you.
Mayor 'erne: We have a question.
Mr. Reboso: What is your name?
Mrs. Floyd: My name/ Maria Floyd.
Mayor Perre: Thank you. Any further questions on the Y?
Mrs, Gordon: Just a philosophical one . I would have rather had the City
owner of the entire area without any hole in the doughnut as I spoke before however Or
since the applicants' use is a compatible use, it is probably the kind of use we
would want to have put into the building. This is going to be a tax paying operation.
I feel if we don't deviate too far safety -wise and otherwise, with the covenants
that I have removed my consideration for any action other than to proceed to
implement or help them implement their use.
Mr. Plummer: Let me ask a question Mr. Mayor. I read in your morning tabloid
somewhere, somehow, the generation of a thought of condemning this building for the
purposes of the City's acquisition. I, like yourself, don't always believe what I
read in the paper, but obviously it came from somewhere among the 5.
Mayor Ferre: I think we already clarified it.
Mr. Plummer: The point I want to get on the record is that that point is, I
hope dead, mute and without further consideration, or any consideration.
Mrs. Gordon:There has been a lot of conversation since the beginning
of this thing.
Mr. Plummer: There has been a hell of a lot of conversation I have not
been privy to.
Mrs. Gordon: Let me clarify it so you will be privy.
Mr. Plummer:Please. I like to be among the well informed.
Mrs. Gordon; Good. On December 1, 1976 I sent a memorandum to Mr.Joe Grassie
informing, him of information that had come to me in the community. The information
was that the Y was going to become available and I listed 5 or 6 reasons why I
felt the city ought to consider becoming the owner of that property. There were
no prospective purchasers on the scene, or anything else. It wasn't ready at that
time. It depended upon certain decisions to be made by a conglomerate of bankers,
and those bankers met again several weeks after that, and made a firm decision that
they wanted the Y to sell the property and that is the point we came into the
picture asking that we make an offering, However our offer was too low. Somebody
else also had this kind of information made available to them,that there was an
opportunity to purchase this outstanding building for a much under -market value
price, and .not Mowing who that prospective purchaser was, there was no information
given to me that indicated it was the college, I had a feeling that it might be a
middle man, and if you know what I mean by a middle -man, I mean a person who buys
to sell to the city, at a higher price. I felt the city had a right to go in there
through eminent domain that is when I asked our law department to prepare• such a
resoluton. Since that time when I asked him that, all the information can forth
who the prospective purchasers are, what use they wanted to put in there, and it
changed the picture, That is all, plain and simple,
l r, plummcr: Then for the record, since i am among the well informed, it saes
•
•
Mrs Gotdoetcettainly, ,-
Mr, Plummet: 1 have no problem with, except the one thing I want
to establish ttow, is that that is null and void and is not going to be pursued.
Mrs., Gordon: You cats bury it noW, J.L.
Mr, PlutnmertI at pretty good at that now.
Mayor Ferret Let me say for the record has a very importaflt task before it
of redeveloping the downtown area. Now, eminent domain is a right that governtttents
have including the City of Miami for specific purposes. It is something that must
be guarded and used with the greatest deal of discretion because you are tampering With
one basic rights the Constitution grants the United States, the citizens of the United
States, and that is the right to own property . The public good, the will has to be of
such, overpowering nature, that it overcomes the right of the individual to own that
for his own private benefit. This city always has the right and has not only the
right but the obligation to consider these things. Along with Rose Gordon, I have
for many, many months been following the situation at the Y. I knew it was coming to
a head in mid —December and I made a few telephone calls to see if the time was ready
for the City to purchase this property, I was told yes, and we discussed this. I told
the manager, about it and as you recall on January 14, early in the morning, Commissioner
Gordon brought the matter up. As it turns out, I think she was right. At that time I was
rather concerned, because I thought it was much too soon and premature, and I thought
that we didn't need to have our home work done, and have our ducks in a row, with drawings,
graphs, costs, architrctural studies, the whole bit, to present to this commission, so
this commission could make an intelligent evalutation of the situation. AS it turned
out, because we did it horseback, and shooting from the hips, we miscalculated the
figure and we made an offer of a million. If we had made an offer of a million and
a half, Idon't know whether or not it would just cost you more money, which is
probably what would have happened, or we would have ended up with the property. 1
don't know. I don't have to be a Ph D. or an .appraiser or any kind of a genius to
figure out that a piece of property, where 4 million dollars has been spent, that if
we could buy it for a million or a million and a half, I would say that is a pretty
good deal for the City of Miami. I really commend Rose Gordon for the work she did
and as i said, on the 14th, I was upset because I thought it was too soon. As a matter
of fact I think it was too late. I think what we did is we really should have moved on
this a little quicker. We probably would have been able to end with the property for
the City. It is an important piece of property for the City. It is going to be right
smack in the middle of what I hope is going to be the biggest development in all
of Florida within the next 10 years. I think Rose Gordon was completely within her
rights and completely subscribe to her position, and I also asked the City Attorney
to investigate the need for the taking of that property by the City of Miami. I am
not ready to write that off at this point because that is something the City of Miami
always has to have, and I don't think in all due respects, and I am not implying, J.L,
or Rose, or anybody else, that your actions have anything to do with that nasty, in
my opinion, unwarranted, vindictive, vitriolic, typical, hateful, spiteful editorial
that the Miami Herald editorial likes to write about anything that means progress to
the City of Miami. The fact that they have been anti City of Miami is nothing new. They
take every opportunity to blast the City, with or without reason. But up until recent
years, ususally it was based on some semblance of logic. Now, logic is left completely,
and the darkness in those rooms as you know, there are no windows in that section of
the Miami Herald, and the darkness is now absolute and total, and complete. There is
an awful lot of heat that emanate out of there, and very little light. Unfortunately,
it plagues this community and plagues the City, But I want you to know, that 1 am not
in the lease bit touched, influenced, or in any sense concerned about the illogical
approach of illogical people. They have their opinion and I have mine, They get their
opportunity to blast me every single day. They take it up as often at they can, and
when endorsement times come around every two years, they use that prerogative too,
and that is fine. I don't expect anything to change, So as far as I am concerned, on
the record, I think the City of Miami always has to maintain the right of eminent
domain as an open door and 1 don't think that we can react emotionally because somebody
writes an editorial, and I thank we always have that right and we .can never, on the
record say that that is closed forever, It is not closed forever,
Mrs, Gordon; 1 have not closed it forever, either Mr. Mayo, 1 don't want you
to interpret my remarks in that fashion, That is not my intent, Your idea of a trade
center would have certainly been a very compatible use, For the building there would
Wive been a lot of ether compatible uses for the buildingbut1 think we have crossed
it 2 `' t ii!
Ia �
the bridge temporarily at least:
Mayor Ferret For those of you from Bauder College, 1 want to reiterate
to you that this hds Clothing to do with you, I don't want you in any way to take
this, ---..-you have to be involved in this cirettmstantially. 1 want vou to kticw that
as of this moment, 'I think what you are going to do is terrific, I think it is great
for the City, 1 want to help you. I want to cooperate, but f don't want on this record
to say that the right of eminent domain is waived forever. It might come, 5 to 10 years
from now, if we ore going to put a 200 million dollar trade center on thee other side
of where you aro, we may need to talk about that property. i. don't want to waive
that in perpetuity,
Mr. Plummer: Mr. Mayor l appreciate your fine comments and in the same text
where you have.,---- ---and I have respected your right or your opinion, and the
Metro Herald has the right of their opinion, 1. atn also entitled to mine, Now, I
want the record to be very clear and it hurts me very much to say that I happen le
agree with that editorial. That hurst me, that 1 have to agree with them on anything,
hut let me say to you I happen to think it is correct, that it is ludicrous for this
city to start talking about condemning a piece of property before there has evert been
an establishment of a need. 1 aim ,just saying to you, and to the rest of the commission,
that I have yet to see one piece of paper that has indicated to me, that there is a
need for this building by the City of Miami.. I think unfortunately, that this whole
think has been the cart before the horse and I just _upset, or was at the time, when
I start reading about the tact that somebody is talking about eminent domain when
we haven't even established a need. All I:rtri saying to you is, that if there is within
the prerogative of this commission, and I respect at al..l times, this commission's
right to eminent domain for public good, any piece of property in this city. But
the point 1 was trying; to establish was, that this parcel that is now in question,
that no one, or this commission is going to pursue this which 1 read about. Because
if it is, then 1 want to put it to a vote el this commission.
Manor Ferre: You want to put it to a vote? 1 challenge you on that.
Mr. Plummer: Fine. There is no challenge.
,Mayor Ferre: I takes it a:; that:. Are you telling me that this commission does
not have the right, and you want to deny the right to the members of this commission,
to consider the possibilty of eminent domain on any piece of property within the
City of Miami. I don't think vou mean that. I will tell you, if you want to put it
to a vote, and I won't argue against that.
Mr. Plummer: Well, let's put it another way, since you have taken my words out
of context, and let's understand ueach other.
Mayor Ferre: You put them in context.
Mr. Plummer: Context Mr. Mayor is this particular building. I did not say this
commission's right of eminent domain. I said on this particular building. I" couldn't
be any more clear than that.
Mayor Ferre: I don't know what you are talking about. Unless this is just a
rhetorical exercise, because nobody has yet brought a motion for the taking of this
property. All I can say is, that Commissioner Rose Gordon or any other commissioner
and the Mayor of this city have the absolute right to discuss it, to think about it,
to ask the legal department for opinions, and neither you nor anybody else can deny
me or anybody else that right. 1 don't think you mean to say that.
Mr, Plummer: I didn't say that.
Mayor Ferre: What Ithink you mean is, ..hat it shouldn't be forced upon the
Cit', without an open discussion and vote. Since nobody is considering that, I don't
know what in the devil we ate talking about, frankly, gut you cannot deny any member
of this commission the right to talk to the law department and ask them to give
then, a brief on what the procedures are on taking a piece of property. I think we
aro 311 entitled to that right,
`1r, Plummer: I am not questioning that Mr, mayor. Let's put it this; wily, ;,s
I understand it at this time, from the members of the commission, including your: t•li
there is no proposal underfoot to start any proceedings of .(inineet domain :at this time,
Mayor Ferre: I can
t speak for anybody else buy myself
01
At this ;po.$r :
t 5ms
reasonable to me, as I said in the newspaper, way before that Sunday editotial,
and Mr. Rosentilat said in the Miami Herald and repotted my statement that 1 an
philosophically and in principle against, the exercise of eminent domain unless
there is teal serious justification I ;just don't believe in it as a hatter of
principle, 1 have expressed that before that editorial came out. Idon't know what
in the hell they ate talking about, but that is pat for the course. 1 frankly,
with all due respects to you, resent, that you say that you completely agree
with that horrendous editorial which was without any doubt the moat insulting
editorial to this city commission I have ever seen written. Acid it was insulting
not only to tne, but to each one of you that sits on this commission.
Mr. Plummer: Mr, Mayor I truly wish you would not take my words out of
context. Philosophy. I agree with that editorial. I am not going into the adjectives
they used, but I think I have done whet I need to do and establish the record, that
at this present time, there is no thinking of this city to pursue ati eminent domain
on that building, and that is all I am trying to do.
Mayor Ferre: I think you have established your opinion, Rose established hers,
and I have established mine, --Father, you and Manolo want to make a statement, fine.
Otherwise lets move on to something else.
Rev. Gibson: I would like to see us move on Mr. Mayor. I hope we are going
o get out of here at a reasonable hour. We won't at the rate we are going.
15, SOUTHERN BELL AND TELEPHONE COMPANY: ACCEPT IN PRINCIPLE INTERIM
4TERIM
AGREEMENT (SEE LATER REs,77-100)/
Mayor Ferre: We are going to take up item -II at this point, which is a
discussion of proposed resolution regarding interim agreement with Southern Bell
Telephone company.
Mr. Grassie: This proposed resolution Mr. Mayor is designed to fill a vaccum
as you know, since the recent vote on the question of the franchise of the Southern
Bell, a vaccum has existed. Traditionally, Southern Bell has made the franchise payment
to the City on an annual basis, and that normally happens on the 1st of February.
So the intent of this particular item, which is here for discussion, and item 40
on your agenda for action, this particular item is designed to take care of that
vaccum to make it possible for Southern Bell to make the routine payment under the
old terms of the previous franchise, until some resolution of the question is
accomplished hopefully within this year.
Mr. Plummer: I move it in principle that we accept it.
Mrs. Gordon: The way the agendas are setup these days, they are nearly
impossible: Why can't we have them' indexed by number. It is not that difficult
to put it inthere. I can turn to -No. 40 without flipping through all these
numbers of pages.
Mr. Plummer: Rose let me try to help you. Is this what you are proffering,
exactly what existed in the past, Mr. Manager? It is merely a continuation until
something else can be done.
Mrs. Gordon; My question J.L. and my concern only, is that when whatever
is arrived at, with the approval of the voters, that there be some retroactive
compensation made to the City by Southern Bell. Now I know that you can't go
retroactive to the consumers. That is not the point. The point is that Southern
Bell is being asked by me to make some retroactive contribution, according to
the amount that would prove to be the accurate amount as approved to the accurate
amount, as approved by the voters, and the termination of their franchise agreement,
That could amount to a great amount of money or a little amount of money, or no money,
You know, the way the voters voted, we don't know what they are going to approve, if
anything,
Mr, Knox; It presents a legal problem that may be invaluable, in the sense
that NO, 1 you cannot tak4. a retroactive application to the voters, and No, 2 we
cannot provide in this resolution an interim agreement with Southern Beal, for an
increase in the amount of the fee they pay because in effect' that would be entering
.into a new franchise without the approval of the voters,
Mrs, Gordon: Somebody tell me what happens if, the voters do not approve
an agreetnent that is presented to them again, Where else do we go,
Mr, Plummer: We ate no better off than we are today.
Mr. Gtassiet Just as was the case before. Assume it is taken in November,
the vote would be effective the first of. January or the last of tecember. You
asked what happens if there is no agreement, presumably we will have to keep
trying until there is, because we have an obligation under the Charter to have
that kind of agreement, It has to be voted on. Something has to be approved.
Mrs. Gordon: This is another legal question, George. Since this extension
is being done by us and not by approval of the voters, are we within our legal
rights to even do this?
Mr, Knox: Yes, ma'am, in the sense that the resolution merely represents
a formalized expectation that the Southern Bell will continue to pay the franchise
fee. In other words what we are actually operating under, in its legal definition,
is an implied agreement, The law provides that where a franchise agreement does
expire, during the interim between the expiration of the franchise agreement and
the approval of the new franchise agreement, the parties operate on the theory
of implied contract. This is doing nothing more than formalizing our expectation.
Mrs. Gordon: In your legal opinion this
Mr.' Knox: Yes, ma'am.
Mr. Plummer: This in fact though is not a franchise areement.
Mr. Knox That is correct.
is the only thing we can do.
Rev. C,ibson; Let me make sure I get this on the record. If in January 1977,
we have not come up with an understanding by the voters, we could extend this. Is
that right?
Mr. Grassie: You are asking a difficult question, Commissioner. I presume the
answer would have to be yes, but what we are looking for is to try to avoid that
situation if possible. It would have to be by agreement of course.
A motion to accept in principle the interim Southern Bell Telephone Company
agreement was passed and adopted by a unanimous vote of the Commission.
16, DISCUSSION ITEM: ISSUANCE OF BUILDING PERMITS PRIOR TO
APPROVAL OF PLATS,
Mr. Grassie This is basically a recommendation from staff which we can
give you in 30 seconds.
Mr. Grimm: The question was raised by the commission some time back when an
applicant was in for a building permit on property that had not been platted. The
commission by motion said that we don't want this to happen in the future and I
stood up that time and, said I -agree with you, and thanks. We kind of went back and
did our homework. in all the years this has been permitted, there has only been 7
problem times. Of the seven, six we have resolved. Maybe not always perfectly to
our staisfaction but our answer is that we feel that this would be an unnecessary
restriction on the administration, and although we may occasionally get ourselves
in trouble, we like to continue the way we are,
Mrs, Gordon; I attended an intergovernmental meeting yesterday, Vince, County•-
City officials and the subject of the minimum Standards for platting was an agenda
item. You might find it interesting to note, that the way the county has set it tip,
no plat could go on record without the "star.':) of approval of the county public works
director and was argued -gvite strongly by the municipal representatives there. An
agreement was reached to eliminate that county public work director's stamp of approval
before recording a plat of what could become an arbitrary withhold of a platting,
Nr, Grimm; As of January of this year Mrs, Gordon, the municipal g0Vgrnment4s
right in platting is strengthened as opposed to what it was before,
Mts. Gordon: accept fot that One final clause which was tacked et at the
end, of the recording had to have the seal of the county public works director.
Therefore it was changed in this manner and was at the suggestion itt fact of
Mr, bill Oliver, Cotttnissioner Oliver, that the municipality stamp and say this
meets the ctiteria of the minimum standards, and that stets to be what is going
to take place at the County level.
Mr. Grimm: What we are suggesting in a sense puts the burden of responsibility
on the both the public works.departtnent and the building department to protect
the Cityis interest.
RRv. Gibson: What do we do now? Move?
Mr, Grimm: I don't think you have to do anything Father, We are just
reporting back to you that you requested we do something, and we ate suggesting
to you reasons why we shouldn't.
Rev. Gibson: That man can go ahead and proceed with what he was about to
do, is that it?
Mr, Grimm: I don't know who he is.
Oscar Del Mazio: My name is Oscar Del Mazio,-
Mr. Grimm: Yes, he can.
Mr, Del Mazio:---that is what I want to know.
Rev. Gibson: You are ahead of the game, my brother.
Mr. Del Mazio: Thank you sir.
Mrs. Gordon: The only question I have, Vince, you are in the position
to feel comfortable with this, and if you feel comfortable with this, I don't
that any doubt that I. might have had are important. It is your problem and you
are going to deal with it.
(inaudible)
Mr. Grimm: --we were behind the 8-ball on Unity Hall, and there was
in which, had we better estimated the dollar value of the improvements,
have been better protected there and we are all alert to that. There is
still unresolved, and that is the Palm Bay Club.
Mr. Plummer: My concern is about the ones that are unresolved.
one
we would
one
Mr. Grimm: The Palm Bay Club is the only one that is unresolved rigat now,
and we have done that on purpose. The Palm Bay Club intends to expand their facilities,
and you know what a bassle that was, Their expansion of their facilities would change
the city's requirements for public improvements. So in that context we have kind of
kept our mouths shut.
Mr. Plummer:
in other words, more advantage not to pursue it?
Mr.Grimm: We think so. We have more in bond than the improvements are necessary,
Mayor Ferre: Any action needed to be taken on this?
17. PROPOSED AGt1 WITH UNYvt OF MIAMI FOR THE
"CITY or MIAMI/UINIV. OF MIAMI JAMES
L. KNIGHI INTERNATIONAL CENTER" t
Mayor Vetre: The next item is the
L, Knight International Center.
A ESTABLISH $OAMD;
DISCUSSION OF ESCkOW MIEN
M(SEE N LATER KESi//' U )i
University of Miatni/City of Miami, dames
Mr. Grassier I would like Charlie Crumpton to introduce this subject.
Mr. Charlie'Crumpton: This is a subject matter we have been working on
for a number of months, that started back at the time of the original working
together, the University of Miami and the City of Miami in the development of
the Convention/Conference Center. Jim Connley of our staff has been working
closely with the university 5taff.We have zubmitted to you the proposed agreement
between the City and the University which has beett working through by not only
our staff people but also by both law departments. We have contacted individually
Commissioners on certain points. We feel for the most part, gotten a resolve on
these. The University has signed the document and it comes to you as a signed
document. There is only one little minor point that the staff feels is a minor
point we have amended and sent to you a suggested page that would change paragraph
19 of the agreement and r look upon this as basically the agreement as the constitution
and the lease and ordinance as the by-laws, where if you get to set out all your
principals, then details can be taken care of in the lease and the by-laws.
The proposed lease we would contemplate entering into also has a statement
in there that it would be substantially, that we would going substantially in
accord with this lease. That does not abrogate any of its principals or the
principals within the agreement.
j
Mrs. Gordon: What page did you say Charlie?
Mr. Crumpton: Item 19 in the agreement which is on page 13 and 14, in the
agreement, which basically says that the appointment of the advisory committee
would be, ---spells out a number of 5, which is what we have been talking about
all along. It says this agreement, --that this committee, would be appointed by
the commission and that it would be a group of people who were mutually agreeable
by both the University and the City of Miami for the appointees to this committee.
That is the one suggestion change, and that the details of the mechanics of how this
can be done, would be a part of the ensuing ordinance.
Rev. Gibson: Why, if I am going to appoint a committee to represent the
city, I don't understand your terminology.
Mr. Crumpton:You mean a mutually agreeable, to both?
REv. Gibson: I don't understand your. terminology.
Mr. Crumpton:This committee is the committee that would be advisory to
the entire operation that involves both -the University and the City and therefore
it was felt_ that because it is a dual operation, dual function of both the City
as a convention facility and the University as a conference center, that this
committee that is going to advise both these bodies ought to be mutually agreeable
to both parties.
Mrs. Gordon: On page 14 that is not what it says.
Rev. Gibson: No,
Mayor Ferrer Let me understand this. I think this is a reasonable thing.
What the University of Miami is saying, as you are explaining it, is, that whatever
appointments we make, and whatever appointments they make, this is what we are
talking about. Right?
Mr, Crumtpon: A11 the appointments ar4 made by the Commission but the
composition of the committee are persons within the community that are mutually
agreeable to both the University and the City.
Mayor Ferre: I think that is reasensable.
Mrs, Gordon: That is not the unreasonable part Mr. Mayor but, the unreasonable
part was that the names would be supplied entirely,,-r---r
Mayor 'orre;'---that has been changed.
Mt, crumptbn: This is out suggestion of the document that was
Mayor Vette: Repeat it again. Would you please. Everybody listen.
Mt. Ctumptott: I would like to read the attended paragraph 10, as we suggest,
Mayor Ferte: Mead it slowly so we can all hear it.
Crumpton:'The City agrees to establish lot later than Apt i1 M, 197/
a separate department by city ordinance, the head of which departtetit is to the
director of the convention center, who will report directly to the: City Manager.
(that has not changed), 'in addition, an advisory committee for the center is to
be established by the same ordinance consisting of 5 members mutually agreeable
to the City and the University.
Mayor Ferre:Repeat that sentence again.
Mr. Crumpton:----' 5 members mutually agreeable to the City and the University.*
The committee is to be appointed by the city commission, not later than May 31, 1977,
the director is to be appointed by the City Manager from persons recommended by the
advisory committee and the director be appointed by not later than the,
Mayor Ferre: All that does is give the University of Miami the right of veto
somebody and we have a right to veto, ----we are the ones that are going to appoint.
Certainly I think you have to give them the right, ----for somebody, for a community,
or entity like the University of Miami to say no we will not accept Mr. So and So,
that is heavy. They are going to have to have awful good reasons to do that.
Mrs. Gordon: The question is, Mr. Mayor whether the committee should not
consist of 9, which would then permit the University to make specific recommendations
of 4 and the commission 5,
Mayor Ferre:--I have no objections
Mrs. Gordon: --all persons compatible.
Mayor Ferre: I have no objecitons to that. Charlie, I see there is a
group here from the University of Miami. I would like to say, that I have no
objections to anything that is reasonable. If we want to appoint 5 and the University
appoints 4, that is fine. I think you ought to have the right and it ought to be
a crossing right, that if we don't like somebody you are appointing, for example
you are appointing somebody who is a known racist, or something like that, that
we have the right to say we don't like that person, and you appoint somebody else.
I think you ought to have that same right with us. It ought to be cross -collateral
here, ---I have no objections to expanding it to a 9 man committee.
Mrs, Gordon: Do you want a motion on that?
Mayor Ferre: Let's see that the University has to say on this, then we
will make motions.
Mr. Plummer:-- -on Mrs, Gordon's. 5 appointed by the commission, 4 by the
University, but the commission retaining the right at all times of final ratification.
Mayor Ferre, They have a right to veto and we have a right to veto,
Mr, Crumpton; The number of personalities, is not as important as the
principles about which they function.
Mayor Ferre; Agreed,
Mr, crtmpton; However we all know that the i.arget the group, the more
difficult it becomes,
Mrs, Gordon, Not necessarily so, ,Put mount the group, they would select
elect: l would assume the chairman, or chairperson as the case may be,
Mr, Plummer i concur wi.ph your thinking, but why couldn't we consider
having a 5-member beard with 3 appointed by the City and 2 by the University.
or
Mayor Ferre:Sate thing.
Mr. Pltitrmet: It is the same thing, but you start getting, into a number's
gate and I know a lot of tneeti#tgs I attend, you have a problem with a quorum
and thifgs of that nature. t think ft accomplishes the same thing, why tot
stick to a 5itnenbet board.
Mrs. Gordon: Since the stipulations include the balancing of the ethitle
and cultural petsons of this community, you would have a much more difficult,
jobs .
Mayor Verret t think you are right.
Mrs. Gordon: --in balancing in a 5-person committee.
Mayor Ferret It happens to be balanced here but this is unique. How tnatty
commissions do you know around the country that have this kind of balance.
Iam open on that. If the University insists it be 5 or 74 fine. Let's hear
from them.
Mr. Robert Cole: Mr. Mayor and Commissioners, my name is Robert Cole
and I represent the University. I am not really able to commit the University
as to whether it should 5,7 or-9 members of the board, The principle that we are
talking about, I think is the most important aspect of it, to both the University
and the City of MIami.
Mayor Ferre: Speak closer to the mike.
Mx. Cole: I say whether the number is 5, 7 or 9 I don't think the University
has too much concern about the make-up. The principle we are dealing with I think
is w'.tat is important both to the City and the University. The University has the
impression that there was an understanding that it would suggest the names of the
persons, not an exclusive list, you could disk for as many more names as you wanted
if you didn't like the ones suggested. But it would operate on that basis, which
is what is provided in the lease that was attached to the agreement submitted
earlier to the City.
Mayor Ferre:You mean at the exclusion of the commission itself, snaking decisions
on people, --we couldn't consider anybody but the list you would recommend to us?
Mr. Cole: That was the way it was written.
Mayor FErre: Mr. Cole with all due respects to you,let me bring you up-to-date,
perhaps you haven't been brought up-to-date. This matter was on the agenda for the
meeting January 14 and I called Mr. Crumpton and said, it isn't going to pass. You
take it off the agenda so we can work out the details, and the big hang-up was the
question on the advisory board`. Now, Mr. Crumpton came to see me along with Mr.
Connley. At that time we discussed the fact that, and 1 told him that would not
work. The commission is not going to accept that. So we thought the alternative
was going to be, and that is why I am really amazed with all due respects to you
Mr. Crumpton, that now you pull something out I never even heard of before, it is
a complete new thing, Let me tell you what I had heard and what "I thought was being
worked out which I thought was acceptable, and that was we were going to have the
University offer 5 names and the the City Commission was going to offer 5 names, and
that these names would then be, --the Manager would discuss these 10 names with the
5 members of the "commission individually, that way not to embarrass anybody, Then
the commission would be free to choose out of the submission of 10 names the 5 people
on the board. Isn't that the way we left it Mr, Crumpton?
Mr, Crumpton:(inaudible)
Mayor Ferre, Fine, I said the University would have veto rights, to veto
anybody on our list and we would have the right to veto anybody on your list,
so you would feel comfortable about it,
Mr, Cole: That was not discussed with the University that way,
Mayor Ferre.I am going to tell you again, Charlie, with ail due rsspeots to
you, am completely amazed, that; all of a sudden, something as essential as this
as a publlt hearing, we cone cep with something, -se --what you just described, l have
never even heard of,
Mr, Cole: We heard about 2 lists, 10 tames each, tot 5, but there
was do suggestion that there would be a discussion with the University of the
names submitted by the City, nor a discussion with the City of names submitted
by
Mayor Ferret' Mr, Cole, let's see if we at ndittet it out here. These are the
type of things that shouldn't be done this way, with all due respects to our friends
in the editorial department of the Reraid. These ate the things that ought to be
done it private, quietly sitting down and discussing this, and not offend people's
sensitivities. Your concern is that we are going to put a bunch of political
hacks, -'-
Mr. Cole: 1 am not suggesting that.
Mayor Perre: I at talking as a member of the University of Miami Board
of Trustees. As a trustee, I would be concerned that politician Perre would
put somebody on this thing as a political patronage thing for being a nice
guy during the campaign and we need quality people, we are objective and concerned
with the best welfare of the project.
Mr. Cole: Over a period of many years, we are not concerned with
Mayor Ferret We are not talking about anybody in particular here. We have
to be very gentle about that. The other side, the City of Miami Commission is
concerned that we are not going to let the theoreticians over at the University
of Miami, put a bunch of theoretical people who don't know 1st base from 2nd base,
and to go from the Ivy Towers, and come down here and pontificate as to how to
run a convention center. Those are the two sides of how, the extetnes. Somewhere
we have to reach a happy medium so that you are satisfied that we and successors
for 50 years are not going to put a bunch of hacks in there, and on the other
side we need to know that the people that are going to be involved are going to
be responsive to the public need and not just to the needs of the University of
Miami. So the way to do that in my opinion and I agree with what Rose Gordon_
is recommending. Let's go to a 9-person board. That gives us a little more amplitude
to get Latins, blacks, women, older people, young people, a variety or cross-section
of the community.
I would recommend that the City of Miami have the right to submit 5 names for
appointment, that the University of Miami have the right to submit 4 names for
appointment, that you give us your name, we give you our names. If you have any
hesitation on our 5, or we have any hesitation on you 4, we will so advise you,
or you will so advise us. We will then substitute another name until we come to
9 names that we agree to, and that will the authority.
Mr. Cole: That might be quite acceptable to the University. I am not able to
say that it is, but is sort of a plan that I think the University would favorably
consider ', and it is all the University wants, that is'to know that this is.a good
group of people, and that sometime in the future, that people wouldn't be on the
commission that might not be as highly motivated' as the present commissioners,
Mayor Ferre: We will do it with as much delicacy, I am sure, in the future,
in submittig these names so we are not going to go out and arbitrarily embarrass
a citizen here. YOu know it is going to be all over the newspapers, --'the University
of Miami boycotted somebody, or the city boycotted somebody.
Mr. Cole: That is the difficult about the veto idea, which is what we
didn't like about the veto idea, We don't want to be in the position of vetoing
anyone anyone you would actually want to appoint, You I don't think would want to
veto someone that we say we want to appoint. So if we can keep that on the basis
of lists of names, for consideration, it might be helpful.
Mayor FErre; Let me recommend this, We have a problem you don't have, because
you are not a governmental body. We the 'sunshine stuff' we have to do all these things
in the open, So maybe the way to do that since it is a 5-person,'-each commissioner
and the Mayor will submit a name to the University of Miami, I don't think it has
to be done publicly, does it Mr, Knox? Can it be done off the record?
Mr, Knox; Right,
Mayor Ferret, You are going to have to look into that, If you have any objections
and you will tell that commissioner, you have an objection on a Dflevrtaw000 basis,
Mayor Verret that way we can keep it off the front page of the papers,
Mt, Cole: It might be the answer. We don't want to embarrass anyone and
we know you do not want to embarrass anyone, but we do both want to have a good
group.
Mrs. Gordon: We have one objective, and we can fulfill at sure.
Mt, Cole: 1 can't really commit the University, All the University wants
is a fair arrangement that Won't embarrass anyone,
Rev. Gibson: Why can't we pass a motion, resolution for a 9 tan board;
and so divide it, ---==I am sorry, a 9-person board„ --you discuss it with the
University, if it is acceptable, fine. if it isn't you come back. Okay. I offer
that.
Mrs. Gordon: I second it..
Mayor Ferre: I think it is time to fish or cut bait now. As far as I am
concerned, I am ready to move on this whole package today.
Thers is a motion by Father Gibson seconded by Rose Gordon that this be
a 9-person committee, as described here in discussion.
Call the roll.
The following motion was introduced by Commissioner Gibson who
moved its adoption:
MOTION NO. 77-66
A MOTION OF INTENT TO ESTABLISH A NINE (9) MEMBER BOARD FOR THE CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER; FIVE MEMBERS TO BE
APPOINTED BY THE CITY OF MIAMI AND FOUR MEMBERS TO BE APPOINTED BY THE UNIVERSITY
OF MIAMI WITH A MUTUAL EXCHANGE OF PROSPECTIVE MEMBER NAMES.
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
Rev. Gibson: I raise another question. Mr. Crumpton, we talked about
escrow.
Mr, Crumpton: That has been taken care of and it will be done that way.
Rev. Gibson: Let me make sure for the record. Some people have the greatest
capacity when they come back, not understanding Gibson. I want to put this in the
record. It was understood that the money will be in escrow, not turned over to them.
Mr. Cole: That is correct.
Rev. Gibson: I raise the question. Who ought to choose escrow agent.Mr.
Crumpton, did you get that across? Please, I want you to read it.
Mayor Ferre:I am ready to move on this,
Rev, Gibson; Mr, Mayor this is important to me. I want to know who chooses
the escrow agent, plus I want to make sure somebody in
Mr, Cole; It is in Miami, just one minute,
Mayor Ferre;Section 5 did you say? Page 6A,
Mr, Cole; The escrow agent is to be selected by the University and approved
by the City And be located within the City of Miami,
Rev, Gibson. No. no, man, Let ine bay this, ;.et me say what my conce
You tally hot agree with, If we are going to have to put up this mthey, we
are going to have to put up the operating money, you going to give it to us
later Oft, I think we ought to decide who the escrow agent is, and we ought
to detfitattd it is somebody in Miami,
Mr, Reboso: What about the board We ate going to nohinate 7 It Could be
one of the functions of the Board.
Rev, Gibson: I don't mind. I want to make sure,---i--see what you all aren't
hearing is, the University of Miami will choose the escrow agent, --
Mr, Cole: ---with approval of the City, ---
Mr, Crutnpton:---labeled this way, it is the University,=-- -- =--
Mr. Cole:Excuse me a minute, 1 really don't belive the University would
object to the City making the selection subject to the approval of the University'
I am not able to commit the University of Miami, but I can't really think there would
be an objection, if that is the problem,
Rev. Gibson: Let me say this Mr. Crumpton, I made my position crystal clear
to you, and note, is no way in disagreement, ---
Mayor Perre: Father Gibson moves that this item on Page 6A item 5, be
amended so
Mr. Crumpton: ---its in item 3 page
Mayor Ferre:--be amended so that the City of Miami will choose the bank
within the boundaries of the City of Miami and it must have the concurrence
of the University of Miami, as to escrow agent.
Seconded by Mr. Reboso, call the roll.
The following motion was introduced by Commissioner Gibson who
moved its adoption:
MOTION NO. 77-67
A MOTION AMENDING ITEM 3 ON PAGE 5 OF THE AGREEMENT BETWEEN THE CITY OF MIAMI
AND THE UNIVERSITY OF MIAMI IN CONNECTION WITH THE CITY OF MIAMI/ UNIVERSITY OF
MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER TO ENABLE THE CITY TO CHOOSE A BANK
WITHIN THE BOUNDARIES OF THE CITY OF MIAMI AS ESCROW AGENT.
Upon being seconded by Commissioner Reboso, the motion
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer,
Commissioner Rose Gordon
Vice --Mayor Theodore Gibson
Mayor Maurice A. Fevre
NOES; None.
Mr. Plummer: I have a question, Charlie, I want to first apologize, because
I am very thankful for the way you came to me as an individual and I sPelegi e
for bringing up something I didn't bring up before. It is a question I think that
we have got to establish, and that is in "reference to the names, If l read this
lease correctly, and I am now referring to ;.he lease, not the agreement, page Z,
1.01,--it says the Convention Center shall boar the name City of Miami/University
of Miami, James L, Knight International Center.
Mr, Crumpton; The word in the lease will be changed to meet the words1 in the
agreement, and this was au error on our pare,
Mayor Ferrel Let the record reflect that,
Mr, ?lummer; The point I' am making,: does that preclude Pr probibit, .that
area which will be the Cottventidn Center froth being known as the City of
Miami Convention Center? hecause t their refer you to page it tee. 2.01. which
says 'wherever this lease, the term Conference center appears it shall be construed
to mean the areas covered by the lease,- --now, if 1 read this lease correctly,
this does not prohibit the City from naming that area which is not coveted in this
lease, namely Convention Center, from calling it the City of Miami Convention
Center. Am 1 correct', cr what is the intent or the understanding.
Mr. Crumpton: Let me answer it this way, that you intent, in your statement,_
t believe to be correct and all of the lease items that are talking about the conferettt.e
center, and this was used as a generic terminology to mean those things that were
University of Miami, where it uses the word 'convention' those things that are city
of Miami, pet se.
Mr. Plumper: Do I understand correctly that those areas that are the City of
Miami's convention Center, there is no prohibition of calling it the City of
Miami Convention Center,
Mayor Ferre: There is a clear distinction between the University of
Miami/James L. Knight Conference Center and the City of Miami's Conventnion Center.
Mr. Plummer: It is not clear here.
Mayor Ferre: I am glad you brought it up.
Mr. Plummer: What I am looking at is a structure with two different facilities,
and having the right of two different names.
Mr. Crumpton: The lease portion does say, in yourparticulat matter, where
we did not change it in the copy that went to you, we did change it in all other
matters, and I apologize for not getting it to you. Article I, paragraph 1.01,
which is on page 2, should have read 'the Convention Center shall bear the name
City of Miami/University of Miami, James L. Knight International Center. That is
the name.
Mr. Plummer: That includes that portion that the University has not control
over?
Mr. Crumpton: It includes the entirety of the edifice, which is housing both
city activities and the University activities.
Mayor Ferre: Charlie, it really must be spelled out. It is very simple.
The University of Miami has the right to name their conference center anyway they
want, and we don't want to interfere with that. That is their right and prerogative
and they want to call it the James L. Knight Conference Center, that is super.
Now,,the City of Miami has a Convention Center. For their 3 million dollars,
we are putting up how much? 12 million dollars?
Mr. Crumpton: Approximately that.
Mayor Ferre: What I think Plummer is saying is, we don't want the tail wagging
the dog.
Mr. Plummer: We want our right the same as they are. going to have theirs,
I would fight for their right, but Iam also going to fight for mine.
Mayor Ferre; There is nothing to fight
City of Miami Convention Center, Their's is
It is jointly called the City of Miami/ and
International Center.
about. It is very simple. Our's is the
the James L. Knight Conference Center,
University of Miami, James L. Knight
Mr, Plummier; Is that understood by them?
Mr, Cole; Mr, Mayor 1 think not. I believe the University believes
that the understanding was that the name as set forth in a number of drafts
of ,this in fact, the name has always been a name for the whole center, but in
the last draft it reads And I"1l repeat it, 'city of Miami, University of Miami
.lames L. Knight International Center, I believe the University understands that
would be the name of the convention center.
Mt. Coles That is their understanding.
Mr. Pluttiner; Is it your utiderstanding from that wording that the City
would be prohibited from calling the areas under their control, the City of
Miami Cotvetttiott Center.
Mayor Vetret Of course tot,
Mr. Pluttther: I want him to answer Mr. Mayor.
Mt. Cole: I wouldn't see why that should be any problem because we are
talking about the name of the whole in one instance, of a total package. t would
thittk it would be confusing not to be able to call the City portion the Miami
Convention Center,
Mr, Plummer: Just want it on the record.
Mr. Cole: I think it would be confusing not to be able to do that.
Mr Plummer: I agree.
Mr, Cole: I think we have to be clear. The University people did understand
that the name of the whole would be just what I read a moment ago.
Mr. Plummer: ---which there would be to facets?
Mr. Cole: That is correct.
Mr. Plummer: The Conference Center and the Convention Center, and the University
of Miami would be the Conference Center and the City of Miami would be the Convention
Center? That is understood?
Mr. Cole: That is my understanding.
Mrs. Gordon. I thought your question was a little bit different J.L.
Correct me if I am wrong in what I thought you were trying to bring out.
Apparently, what I thought you were bringing out was that the name City of
Miami/University of Miami International James L. Knight, International Center,
was only going to be naming that portion which was under lease. I thought that was
what J.L. was bringing out. But you were not? You are just saying a fine thing,
this is a Conference Center and this is a Convention Center, -----this is the point
I thought you were making.
Mr. Plummer: Let me tell you how I understand it. There shall be the top
line which shall be known as the James L. Knight International Center, that is
the top line, of which there shall be, the City of Miami Convention Center and
the James L. Knight Conference Center. There's two distinct operations in that
building. But I wanted to make sure that there was no prohibition against that
portion that we operate shall be known as the City of Miami Convention Center.
Mayor Ferre: Are we ready to vote on this.
Mr. Plummer: I have some more questions. Mr. Mayor I think it most important
that in relation to the Advisory Committee that it should be established at this
time the tenure of those appointments.
Mayor Ferre: I think that is a valid point, They shouldn't be in perpetuity,
Mr, Plummer: That is right.
Mayor Ferre: I think they should be staggeredterms and certainly they shouldn't
be longer than four years,
Mr, Plummer:I would say 2.
Mayor Ferret I go as high as 4, If you stagger them you get a new member ever►,= -
Mrs, Gordon; If you have 4 year terns,
initial appointments,
you have 2 year, 3 year and 4 year
Mayor Ferr,e: you would have two new nes every year,
Mr.Plunffier: 1 have no objectionto whatever is reasonable.
Mayor Verge. Is that reasonable Mt. Cole?
Mr. Cole: I think that taould be acceptable to the University.
Mr. Plummer: 1 am not going to vote in the negative because of it, though
1 am going to raise it for the record. A great concern on my part is the concern
as it relates to what the City's responsibility shall be in reference to the hotel.
1 personally feel that it is unreasonable that the City will guarantee that as long
as this 00 year contrast exists, that there shall be a luxury hotel having not less
than 250 rooms. Personally I don't know how we can do that. It is my hope that we
will have a thousand room luxury hotel, but that is a hope. It is not hard and
concrete, as you have made in this contract. I do feel it is unreasonable that before
a hotel manager or whatever is ever considered by this commission, that there are
binding obligations written into this lease with the City which I personally don't
feel should even be in this lease. -I don't think we should negotiate through the
city and university's lease that which will be a lease of a hotel management or
owner operator. So I am merely putting in here that I feel that we are on very
shaky grounds, guaranteeing the 250 rooms. I think the modifications, Charlie,
correct me if I am wrong, has already been reworded in reference to the City
guaranteeing the day of occupancy, 50% of the retail. I think the same thing is
unreasonable Charlie. For us to guarantee this, I don't know how we are going to
do it. I really don't. To write that into this lease is reasonable. To me is seems
like that it is nothing more than an escape hatch if the University is not satisfied
the way things are going. I don't know how in the devil we are going to guarantee
to the University that that structure is going to be there. I don't know how we can
negotiate that whoever is chosen to operate that hotel is going to guarantee to
the University of Miami 15%. I don't know how we can do that.
Mr. Jim Connally: Commissioner Plummer, after we had our discussion with you,
in fact we actually changed the agreement that the bid documents that were prepared
for bidding by prospective developers, would reflect the desires of the University
to have these certain conditions, the number of rooms, the 15% and a number of other
things. However the City as you pointed out, cannot guarantee a 3rd party. However
the lease is a document to be signed two or three years from now upon completion.
The lease, if the response to developers is such that it does not meet those numbers
or conditions we are talking about, obviously the lease has to be changed to reflect
thatwith the approval of the University.
Mr. Plummer: The University understands that.
Mr. Connally: Yes, they do.
Plummer: So we are not approvaing today the lease?
Mr. Connally: Correct.
Mr. Plummer: We are only approving the agreement.
Mr. Connally: The lease you are approving in principle and basically in
substance. There will be changes in details and some conditions between now and
the time it is executed.
Mr. Plummer; That is fine with me,
Mrs. Gordon: Does the City receive any of the 2.5 million dollars if the
hotel is not completed?
Mr. Connally; No, they do not, but the scheduling of the start of construction
is that unless we have a hotel signed on, we are not going to make any major devotion
of :Honey to construction, until that is done. In other words we either know we will
have a hotel signed on, or we won't. If we do not haven hotel signed on, construction
will be delayed until we can or other negotiations can be made with the University.
Mr. Plummer; Let me ask the obvious question. Where do we stand today with
negotiations with bidding, w-where do we stand in relation to the hotel?
We are waiting for the signing of this agreement so that the
3
agreement which is an essential part of airy package you go to, askittg for
proposals from developers to respond to.
Mt. Plummer: AS it stands today, we don't have any ittditatott that tie have
a hotel, or that—,---
Mr. Connally: We have had verbal expressions of interest its developing
a hotel within the frame work of the conditions that have beet set-up. yes.
Mr. Plummer: Let the reiterate one more time: today the only thing we are
approving is the agreement?
Mr. Connally:Cot'rect,
Mr. Plummer: WE ate not ratifying the lease?
Mr. Connally: That is correct.
Mr. Plummer: That will be done at a later time.
Mr. Connally: Yes.
Mrs. Gordon: Jim, how much time will there be
opportunity to bid to become a developer?
Mr. Crumpton: That will be the full advertisement process that needs to be done.
Assuming this is done then we start that particular process, go through the complete
advertising, locally as well as, --
to nofity the public about the
Mrs. Gordon: How long a period of time are you allowing for that?
Mr. Crumpton: 30'days.
Mrs: Gordon: Is that all.
Mr. Connally: At that point we review the cred.ntials of the prospective
developers and present to them, the bid documents, then respond to. That will take
60 days .more. At that point, whoever is selected by the commission as the first in
that process, is given a period of time, ususally between 3 and 6 months to come
back with a financing packet, very similar to what is happening on the Watson Island
project. The same type of timing.
Mr. Plummer: I am sorry to hear you tie the two together.
Mr. Connally: A developer has to get his financing somewhere. It takes time.
Mr. Plummer: Mr. Cole,I am going to ask of you and put you on the record.
That it is your understanding as representing the University of Miami, in Coral
Gables, that we today are only ratifying and completing the agreement, not the lease..
Mr. Cole: That is a correct statement Mr. Plummer, but think in making that
statement you have to take into account that the lease is an exhibit to the agreement,
and that the agreement provides that upon certain things being done, a lease in sub-
stantially the form which is attached as exhibit C, as matter of fact is to be executed,
that you are not approving the final form of the lease, but approving one in substance
as attached to the agreement.
Mr. PlummerLet me ask one final question, and I will conclude. Mr. Crumpton,
there are, --completely through this document, (Mr. Cole please don't take this personal
sir,) there are escape hatches right and left for the University of Miami to say
City, we don't like it, we want out. I am not saying that is a bad situation, but
Mr, Crumpton my question has to be to you sir, has conai.deratjon been given to, if
that does come about, and the University say to Miami we want out, that that space
which is being provided for them, is useablespace, or really what I am saying is
what are we going to do with that 30,756 ft. if the University pulls nut and what
ar.e, w:wee.
Mayor Ferre==--offices for the Commission,
Mr, Plummer;- -'what jeopardy are we in financially if they pull out?
JAN
i
Mayor Verret het me see if I can take the prerogative of the Chair and
tty to answer this, 1 want you to understand, this is a sweetheart contract
for the University of Miami. It is all on the University of Miami's side, I
want to say that into the record. I don't want anybody going into this thing
with any allusions. Let the put it to you this, if this were not the .lames 1.
Knight Center and this were not the University of Miami, and this were another
institutiotl and we were dealing with somebody else's names if you think the
editorials in the Miami Herald on Saturday were rough, you should see the kind
of editorials you would have from the Miami Herald on this thing, but the
Miami Herald does not apply justice and right with equanimity and equality,
What's good for the goose is not good for the gander, But I want to tell you
something ,---I am sighting that so you understand I am not going into this
with any illusions, or that I am in any way blind. Yes, there are escape hatches
for the Unversity of Miami, yes it is one hell -of -a deal for them, yes, they
are going to get a fine ride on a miiti-million dollar constructure which, if
have our way, eventually will be a 40 or 50 million dollar center and they
are only contributing 2.5 million dollars. I understand all of that, yes, they
can getout any time they want, and we are stuck with 30 thousand feet of space
for 2.5 million dollars. There is no question about this being a beautiful ride
for the University of Mlami.
Let me give you the other side now. The University of Miami happens to be
one of the main sources of employment and strength in this community. It is a
quasi -public entity. It is not a public entity, it is a private institution but
it serves public purpose and it is run like if it were. It gets millions of dollars
federal funds and therefore it must meet all federal requirements that we all have
to live with.
Now, the University of Miami is a magnet. If what we want in this community
is excellence, and it is long overdue. If we want this community to grow and grow
not only quantitatively, but in quality, then we have got to reach for the stars:
We have to bend and go and take that extra step. We signed a lease this morning with
a bunch of private entreprenuers who are going to make a buck and we gave them a
30 year lease, and we did things, ----why? Because, unless we do things like that
this community is going to continue to stagnate. We took a bold move in the YWCA
for the same reason. We took a bold move with Fenberg in buying his property for
50c on the dollar for the same reason. We have taken a bold move in approving Dinner
Key Auditorium for the same reason. Sure these are controversial items, that have
all kinds of questions, but if we in this community continue forever with the
Interama syndrome of. 'be scared of editorials' or 'waiting for somebody else to
do something' and not moving with good faith. What is the difference between
Atlanta and Miami? One of the key reasons is, in Atlanta they are not scared to
do things boldly. For example I saw the contract that was made between the State
of Georgia, the Legislature, ----passed by the legislature, the City of Atlanta,
including the Chamber of Commerce or what it's called, --and Tommy Cousins on
that Omni deal, and my hair stood on end, If I were to propose something like that
as Mayor of Miami, in the City of Miami, the Miami Herald would have a front page
editorial with red letter calling me all kinds of names. How I dare consider something,
and yet in Atlanta they get these things done, and its there. The Atlanta Constitution
backs it and Governor Busby is on it, the other guy is cracking the whip, and it gets
done, Then we from Miami go up there say, doggone it, why can't we be like Atlanta.
We can't be like Atlanta because we don't have the guts. We don't have the support
from our newspsper, and in many times from our community,
What I am saying about this whole thing is this. This is not a bad deal for
the City of Miami, The University of Miami is a magnet, It is going to bring thousands
of people to downtown Miami. Last year alone there were something like 30 thousand
doctors and medical people that came to this community for conferences at the Medical
School of the University of Miami. I would rather have those people in downtown
Miami than to have them in Coral Cable::, with alldue respect, or over by the Hospital
Center, The way I have seen communities progress, those that progress, --whether it
is Detroit with the Renaissance Center, or Oakland with their bold moves, is a
consortium between the private sector and the public sector. The public sector
cannot do it alone, It doesn't work and the private sector cannot do it alone
unless you are Henry Ford or David Rockefeller. In their case it really doesn't
work too well, You have to do this_joi.ntly.
This is a risky deal, I want to leave you with this thought, It is a favorite
statement, that I rightly or wrongly live by --behold the turtle, it only makes progress
when it sticks its neck out, We are sticking our neck out. I think it is progress,
I think it is going to be for the be.tterrem for the community, I think it is bold
thing to do + I think it is a risky thing to do for the City.of Miami3On the other
hand I think the University of Miami and trustees of the University of Miami, have
got to judge we are doing this with good faith, that we recognize what we are getting
c
into, and as we get along, as we have problems, t want this record to teflect
the magnahimity, that we are being magnanimous, at the point when we have all t1-1
cards in our hands and l want the tecord to reflect, because this has to be a living
document. This cannot be chiseled in stone forever, When it comes time to fodify
and mediate, Bill Colson. and Lester P`reeman and Doctor Allen and Mt, Cote and
all of you here and all the trustees, I want you to rentember what the City;of Miami
is doing at this stage. I hope if we do have to modify some things that you keep in
mind we have gone into this with good faith with out eyes wide open,
Mr, 'Plummer; Mr., Clerk willyou tnark that dissertation as exhibit A. and
We will save a lot of time in the future, If I can get the answer to my question,
Mr. Crumpton; city concern, if the University, for any reason were to pull out, what
jeopardy does it place the city in financially.
Mayor Terre: 2.5 million dollars.
Mr. Plummer: I want assurances that we will have the finances to finish the
structure, that it is not going to fall on its face, and we ate not going to be
faced with another Ball Point, or some other thing, where the City finds itself
in a position of not being able to conclude a project because of the fact of money.
That is my question. Look into your crystal ball and give me the answer.
Mr. Crumpton: Which one? In my opinion sir, that this will not preclude the
City from continuing on.
Mr. Plummer: You think the city would have the resources in which to complete
the situation?
Mr. Crumpton: The City would find the resources to complete it. Yes, sir.
Mr. Plummer: I am sorry I had to interrupt you Mr. Cole.
Mr. Cole: I was going to say the University considers this to be an
that should be beneficial to the University and one which also should be
to the City of Miami.
Mr. Plummer:Mr. Cole I hope in which the Mayor said that this is not being
etched in concrete, that I am fully cognizant sir, that for 2.5 million dollars
for 90 years, for 30 thousand sq. ft. is a very fine opportunity for the University
of Miami. But I likewise recognize the University's important role in making this
James L. Knight International Center a success, because of that I am willing to
take that risk, hopefully it will go down this road, not as a battle but hand -in -hand
for the mutual benefit of both.
That dissertation is Exhibit A. I will be happy to move it.
Mayor Ferre: Reboso seconds, is there further discussion to this agreement
as has been presented to this commission with the modifications as has been
made into the record.
arrangement
beneficial
A motion to accept agreement was adopted by a unanimous vote of the City
Commission and designated Motion No. 77-68.
( See Resolution No. 77-103 adopted lated in the meeting.)
18, CITY MANAGER'S PROPOSED INTERIM AGREEMENT WITH THE
MIAMI DOLPHINS FOR THEIR USE OF THE ORANGE BOWL STADIUM,
Mayor Ferre; We are not going to take a break, We are going to discuss the
Dolphins, don't go Bill Colson.
Mr, Grassier Mr. Mayor the principle element of the discussions that we have
had with the Dolphins since wo last in court with them, has been that, because the
Dolphins and the City have not in the past agreed on what ought to be done in the
Orange Bowl, 3ecause of that lack of agreement, it has been virtually impossible
for the City and the team to come to any kind .of agreement on a 1ong'ter'm lease,
Attempting to remedy that situation, what is proposed to you now, and the memorandum
you have had, 1 think outlines the dollar cost and the considerations for this. What
is proposed to you now is that the City basically enter into what l would oonsi.der
an interim agreement with the Dolphins, This agreement would cover the calendar years
pf 1976, which is a season of course is behind us, and the three years of 77, 78 and 79,
I/7
Aside from the term, what is proposed to you in the shortrun, is that the bolphins
pay flat fees for the years in question, $40,000 per game for 1976-77$42,500
for 19783 and $453000, per gate in 1979,
Now, more important to me, than those bate facts, are the several things
the bolphins ate willing to agree to dc, during this period, First they are willing,
to participate with the City on the 50/50 basis in funding a study of the orange
Bowl, to determine what the City and the tern tel is important by way of major
improvements to that facility, This study, to cost 40 thousand dollars approximately
would be funded equally by the two parts.
Second they ate willing to commit themselves and have, based on the City
accepting this agreement, they have commited themselves that they would make a
major good faith effort to get for the City a super bowl game, to get for the City
a. pro --bowl. game, they have also indicated that they retain an open mind and are willing'
to discuss a long-term agreement with the City for the use of the Orange Bot;11 once
we agree on what the improvements should be:. They have also agreed to join with the
City in developing the concessions and doin,., what is possible to increase the income
to theCity from the concessions at the Or me Bowl., after they have been improved,
Further they have agreed to cooperate with the City in providing the Orange Bowl
with a new scoreboard.
They have agreed to cooperate with the City in providing a new scoreboard without
cost to the City and with some money participation for the City. They have again agreed
they would use all of their best efforts, good, faith efforts, to get this accomplished
for the Orange Bowl
Based on those considerations, and based on the consideration that the alternativf"
to our not agreeing, is in my estimation, that we will simply continue 'a useless fight
and legal argument with that team. Certainly run the risk of not being successful
in attracting a super bowl here, certainly run the risk of possibly never coming to
an agreement with the team. In view of those things, I ihink it is important that
the City accept this kind of ;4,rrement in tlue shortrun and do everything possible to
make the agreements that can be worked out in the next two years, successful. I would
certainly give my endorsement to this measure which would get us out of the courts,
and get us moving towards improving the Orange Bowl.
I should tell you that because we have not always
with the Dolphins, ----
in on the best of terms
Mayor Ferre: not with the De phins,----we have always been on good terms
with the Dolphins.
Mr. Grassie:--with Mr. Robbie, we have on occasion used intermediaries
for some of our discussions. Sometimes things work better that way. We have
had yeoman's service from Bill Colson and Ray Goode and Lester Freeman in
terms of trying to maintain some kind of dialogue when otherwise the dialogue
seems to be breaking down. They are here, some of them are here, and you may
wish to ask them some questions about this also.
Mayor. Ferre: We will do that in a moment,and in the meantime I will ask
the City Attorney for his report and recommendation.
Mr,Knox: Mr. Mayor and members of the commission, it appears to be apparent
that there are two dimensions associated with this whole matter with the Miami
Dolphins. As the management perspective as it relates to the future of the Orange
Bowl and our negotiations with the Dolphins, and also the law department's perspective.
If you will recall, the Miami Dolphins filed a suit against the City of Miami
alleging among other things that the ordinance about which we impose a tax upon
admissions to the Orange Bowl, was unconstitutional and they further asserted
that the bargaining posture that the City was taking with respect to negotiations
for a long-term agreement was unreasonable and indeed unconstitutional and violation
of equal protection of the law.
From the point of view of the City Attorney's office, it is important that
since this matter has been ,ub,jectto a pubic forum, that the integrity of the laws
of the City be upheld and the power that: tIR city of Miami exercises with respect
to its regulation of municipally owned faoi ities be established. It is also important
to know that the forum, the appropriate forum for the resolution of these kinds of
matters is ..n the courts, The concern of the law department is not with the terms
of any proposed agreement, but it sort of ,a :elfish concern, retlating to the integrity
once again, of the laws of the City of Miami
The City Attorney's office of course, wishes to avoid litigation. At the same
time, the problems of the integrity of our laws and the power that we have to c.ontrai
our own facilities, would remain open and subject to challenge, Now, while the
resolution of a lawsuit would at least LstaWish, by court mandate, but the powers
7
of the City,with tespect to this facility, there is, and as Mt. Grassie has
recognized a practical difficulty perhaps in negotiating for a longeterm future
of the Orahge Bowl. So out positions with respect to this are different and that,
each of us has different concerns. 1t appears that the commission Must decide
which approach is most appropriate to satisfy its deeds,
Mayor Terre: We have the two opinions of the City Manager and the City
Attorney, before we get to commission discussion, I would like to thank the
president of the Chamber of Commerce, and the executive director who were both
here, and invite them if they would like to address the commission on this tatter,
Mr. Bill Colsont Mr. Mayor and ladies and gentlemen, what t would like to
do, with your permission, is to tell you very briefly how I happened to get involved..
By doing that I would prefer, to tell you what I have not done. I was not approached
by Mr. Grassie, or by Mr. Robbie, or any member of the Dolphin organization, or
by anyone. I was not approached by any member of this commission. This came about
frankly because Lester Freeman and I talking over a concern that started with the,
Super ,Bowl. In fact, one of the things we were talking about was calling you,
because in March, in Phoenix, the Super Bowl decision will be made, not for next
year, but the following year. That is how the discussions got started. I knew that
we could not get the Super Bowl which is so vital to this community, without this
issue being resolved. This Super Bowl vote will be done in March. So with that, I
got deeper into it, with Lester and fray Goode, and took it upon ourselves to go see,
the two principals that were involved. It was a big temptation to call all of you,
and get your permission but it was a decision that I` made, and I felt rather than
going to one, it was the better thing to do. So I want you to know that also what
was not done, is that I didn't have a recommendation as to how this should he solved
except one. And that was from Freeman, and that was, that he thought perhaps there
could be an approach of mediation and not arbitration which would be binding, but
of a business mediation, of at some way, that picking not by name, but by profession,
there somewhere we could pull out an appraiser, an attorney, somebody that is in the
real estate business, perhaps and arrive at what the fair market value of this in
a rental would be, separate from anyone else.
Other than that thought, we had no recommendations. The other thing that I
want you to know was not done, I had no preconceived idea, no recommendation as to
an amount. I thought we dealing in percentages. As you can see, Mr. Grassie has
ended up with some set amounts. I knew what I read in the paper. With that I went
to see Mr. Robbie first, then to Mr. Grassie. I say we, (the three of us), I found
Mr. Robbie was not interested in mediation but did not veto it. I might tell you
when I came to Mr. Grassie, that he vetoed it. He didn't think too much of it,
very frankly. He didn't veto it, he was nice and listened, but he really didn't
think that was the way to approach it. Neither one of them liked it. The only
one we had went down the drain.
So what we did, and since Joe Robbie is a lawyer and I am, as I said, I
did ask him, there is a lawsuit coming up and I have been a part of settling lawsuits
before at least, and is there any area that this lawsuit might be settled? We talked
about that, and from that we started carrying messages. That is all that we did.
We never, and I am sure Mr. Grassie would concede, and I am sure Mr. Robbie would,
we never made a recommendation, we never said you should take this, or we recommend
this, we simply said, here are some possibilities. First we went to Mr, Robbie,
we then came to Mr. Grassie and Mr. Grassie listened, politely, and I want to
tell you that Mr. Grassie had quite a long laundry list if I may say, and it was
an expensive laundry list in my opinion. He has told you some of those things
that you have heard here today. We then carried the message back and forth, and
I would say at least 3 or 4 occasions, It all happened within a period of a week,
or 10 days, or some area of that, and it is as brand new as you have heard it.
Then and now I am concerned about this most valuable asset of this community, both
the Orange Bowl Stadium and the Dolphin franchise. I do have an opinion about, that.
I do think something should be done. But what I tried to tell Mr, Robbie and Mr, Grassie,
was that if I were going to participate it, that I wanted to limit it to one discussion.
I am very aware that Mr. Robbie wants a new stadium. I am very aware this City Commission
is very properly interested in long-term, major improvements to the Orange Bowl, I am
very aware as a trustee of the University of Miami, and as an Orange Bowl Committee
member, that there have been a lot of negotiations pf this in the past. I have been into
those, and the Grange Bowl Committee has entered into a long term agreement, But I ask
both sides, in particular Mr, Grassie, I said I want you to know that I said this to
him, I said, I have information, the belief that made me start this, that I think we
are dealing not about a new stadium, not about a long-term contract at the moment,
and not ebout-eel am going
to call theta the'Reese improvements' --because if. you ,remember several years ago
there was a plan by Mr. Reese to have sky bu:fes,..and I think we got $21M or $22
trillion dollars under the front pages and that we have been hung up and hand=cuffed
with that $21.million dollars by both sides, and I said...I really don't want to
discuss that, if we can set that aside, 1 want to discuss this franchise leaving
and a relatively short term lease preparatory to getting a long-term decision, and
I think that it is that urgent and that vital and so he agreed that he would give
the a short-term..about a 3 to 4 years, which we were talking about; and that he
would make a demand if you will and he did, and in this proposal..it is very close
to the suggestions that he made. In fact I can't think of any of the details...
(INAUDIBLE COMMENT IN BACKGROUND)..the aclu3l item of staggering over a 3-year...
and that, I think, was the only item not agreed to. With that I would like to
express an opinion, now, for the first time, and nobody has asked me but I am going
to express it. tt is that the Chamber has ,.ot had its recommendation in advance
but now I do. I would urge that this matter he settled, I would urge as a lawyer
that neither side go to trial; I believe without expressing it for either side
that both sides have a lot to lose in this lawsuit. I' have taken the trouble to
read the Ordinances and I have taken the trouble to figure out where you are both
going to be no matter what happens. I have taken the trouble to know and I have
an opinion about if you lose where you will be and where, if Mr. Robbi loses,..
his reaction to it. Now, I, with that would express this one thing to you is
that I congratulate you first on the Convention Center this morning. That....
ever since I got involved, six or seven years ago, there is nothing that I think
you could have done any better, that's marvellous. I don't know if it is going
to the Convention Center or Watson Island, or what the list of this past is going
to be the most important that you've done, but, honestly, to move the Miami Dolphins
or to set the Miami Dolphins' franchise up for grass, or to move the franchise, is
to me an important,.. as important as any problem we have in this community. We are,
all working, you are, 'we`are, every one is +corking trying to get more jobs in this
town, we now understand economic development means that it does not have to do with
selling dirt to some promoters, _it means jobs. But is there anything that is more
important that is our success signature in this country, in this world, that goes
over television and over all media than the Miami Dolphins? Now, they should not
have any more right than anybody else but when you double the rent and when you go
and try to get the Super Bowl, and the one thing that I walked into here --that we
didn't even start after was a Pro -Ball, the All -Star Game.,..to me it surpasses all
of the other efforts that we are doing in economic development. We've got a winner.
It is the only thing that the word 'major league' means more than athletics. You
know, the only major league athletic we have in here is the Miami Dolphins, but
being major league is not losing the one that you get and I would beg you to try
to put aside the terrible turmoil that you've been through, all five of you, and I
know you've been through it and to rise above that, and to try to ask yourself, in-
side, and I'm a City of Miami taxpayer and that is important' but for the overall im-
pact of this community what is the best for this community, for all of us, I would
suggest to you that the proposal that your City Manager.. backing him up, and relying
on his professional judgment,.,he knows about these check -books, I don't, I'm just
standing here and I'm not telling you anything about the rental, that's Mr. Grassie,
I have to respect him not because I was asked to but because I do, I do respect,
Mr.. Grassie, he came up with his figures, I didn't, and I would urge you to accept
that professional recommendation, what's best financially, but I as, Bill Colson um
urging you, that for this community, don't take the risk on this, and I would urge
you to go forward with this recommendation from your Manager. Thank you.
Mayor Ferre; I tell you, it is not hard to see why Bill Colson is the number one
trial lawyer not only in this community but around the country. You are very
persuasive Bill. Now, we have another very persuasive voice, not a lawyer but a
man who is always interested in the welfare of the community.
Mr, Fanner(); Honorable Mayor, members of the Commission, respected City Manager,
Ernie Fermat() is my name, President of the '2avpaycrs' League and President of the
Homestead Tax Exemption League of Dade County. I commend Bill Colson and all the
civic leaders that took part in a meeting in trying to get the Dolphins in the
City of Miami., :,,,but I think that people should know the rate that they are getting
if this goes through, and I think even Mr..:tobbi could do a little bit better, but
1 do want to thank the Mayor and all you city officials for doubling the rent on
behalf of the taxpayers, And 1 also want to say that Bev, Gibson, I want to thank
you a little more because you held out to the very end, a little more than sdme
of the others, But 1 do want the people to know that Mr, ttobbi,..what Mt. Robbi
is getting, On the basis of $22,220 a year, for 0 years, that amounts to close to
$200,000; when you ate doubling the rent you are going to get $400,000. This
amounts to just about 4%, there isn't one team in this country that gets tent felt
less than 10%, the average tent is 12.5% to 15%, Now, he is paying 8%G, which r
think is getting a tremendous break, but I don't want to heat the bolphins of any-
body say that they want to build a new stadium and say that it would not burden the
taxpayers in this City because it would. You can not build a new stadiutt on $460,000
a year rent without you subsidizing that with franchise money and whets you do that,
ynu are putting the burden on the taxpayers and increasing the takes. I say if Mr.
Robbi won't do just a littls bit better,..let's say 8.5%. If he'll do that, l think
you can close the deal. Father Gibson, I think you should try to get just a little
bit better as you did all along, you got a lot better for the taxpayers now than
if you had settled before. I have no more to say, I want to thank the civic leaders
and I thank our respected City Manager for trying hard,..but I do want the football
fans and Robbi to know that they are getting a tremendous break, Thank you.
Mayor Ferret Anybody else who wants to speak? All right, now, I think as we
usually do here on these hot matters let's do it this way if it is agreeable
with everybody in the Commission. We'll listen to the Vice Mayor, or if you want
I'll be happy to make a statement, and then we'll do it by seniority and I think
what we ought to do is just kind of each briefly express our own opinion, and then
we ought to get into a question and answer period and then we ought to bring it
to a vote. So Father, you are the first.
Rev, Gibson: Mr. Mayor, members of the Commission, I have not changed my position.
I've always wanted to negotiate with the Dolphins and I've always said I would like
to see them come here. But there are several things involved, several things involved!
either the Orange Bowl belongs to the citizens and they can place a price tag on that
Orange Bowl, or it doesn't belong to them. Either Mr. Robbi must learn to respect
us, who the people put up here to represent them, or he isn't going to learn to
respect us. I've been an advocate of Mr. Robbi coming and talking to us, telling
us what his problems are, we are willing to negotiate. Tell this public something,
the newspapers have never written this. We,..Mr. Robbi played nine games, nine
games, and all they put up was a performance bond. They wanted to go Court, we
didn't want to go to Court Mr. Colson. They insisted, o.k.? now because they think
maybe their backs are over the barrel, they want to withdraw from the court, o.k.,
you know, they kept us out there all this time for nine games and we had to come
up with the operating costs. I don't know if you knew that, we haven't received
one red copper, not one, o.k.? Let's say it costs us about $20,000 a game, is
that right, Mr. Grassie? So, we found the taxpayers' money, we went into our tax-
payers' pocket -books , nine tithes 2 is $180,000 that we have put up. We would not
let nobody else do that to us. Here we are, can't pay our Sanitation workers but
we could put $180,000 for Mr. Grassie...I means, for Mr. Robbi, nobody is saying
that it all depends on who has the evidently. I've always been a Dolphins
supporter, I've said the Dolphins are one of the best teams we've had but I don't
think we can afford to led a man come into this community...and kick all of us
around...I'm a native, I'd give my life for this community. And I wouldn't stand
for it. Let me go a little bit further, I warned this Commission that Mr. Robbi
was not going anywhere and that Mr. Robbi was going to negotiate. You know, a lot
of you laughed at me, and you know what? he proved right. Let me tell you, you
are a lawyer, I'm not a lawyer, Mr. Colson, I went to Law Scool one day. Let me
tell you something, I am prepared, to go to Court and get a decision and I'm prepared
to heal the wound after I' go to Court. At that point Mr. Robbi knows that I have
the Court on my side. Mr. Robbi is not going anywhere, he isn't going anywhere:
Man, let me tell you something, you have to spend a fortune to build up this climate
that you have. It will take them another fortune, why don't we tell the people,
we would admit that he made $6,000,000 at the taxpayers' expense, we would not tell:
you how much more he made. I shall always remember how he came down here and*demanded
do you remember, Restaurant Associates or whoever had that contract in there, you
know. for the seminar stuff,,.,he made those people give him a piece of the action.
I remember when we wanted to improve the stadium and put those sits up, I remember
what he did to us, he would not let us move those sits. As Paul. Andrews, the former
City Manager, you wouldn't know that. it is alleged that he gave the dog -gone sins
away rather than let the City have them for recreational. purposes, And then, You
know, we go right ahead with hand in the mouth, you know, let ' the guy tie our hands
behind our backs, What you don't know is 1 went to Court t:o make him give me that
money and I'll even settle with Mr, Robbi for 10Z, not 15%, 10Z, , ,,hug Mr. Robbi
147,
ought to cote in hero. i.. t me 1_eei1. Mr. Colson what you dots't know. When we
were arguing this thing before :sir. Rabbi was at a Hotel. right across the street
and waited until we said well, we thought we weren't going to come, then all of
a sudden he Caine in here rushing ...yeu know, to make us all a bunch of liers.
I knew that game, sec' I'm black and I'm not supposed to know, you know, the
games, you know what I mean? not how these things ate played. I'll tell you
something else. The takpayers of this community are not foolish. The Orange
Bowl belongs to the citizens of Miami, let me say the other thing, it is ins
credible that the University of Mimithat has helped us make that Orange Bowl
What it remember as a aoy the first game that was played on 36th St. and
7'th Avenue, see what I mean? The University of Miami helped to :Hake the Orange
Bowl what it is; that's why we got it, and then the Orange Bowl committee, you
know? We act as if Mt. Robbi made the Orange 3owl..,no, no, no, let's say the
University of Miami and let's say the Orange Bowl Committee. Let mc: tell you
Something, my brother, you don't bargain from a position of weakness, counsel
you know that better than anybody, you've :got to bargain from a position of
strength, and an awful lot of people get religion and, you know, start tangoing..
remember what you said?..that if you want me to tango you've got to ask me,.,
let me tell you something else that nobody is telling you, interesting thing,
Mr. Robbi wrote you a letter, Mr. Grimm stand up, you are the Assistant City
Manager, you showed me that letter, Joe Robbi didn't even have the courtesy to
sign the damn letter...did he? Who signed it?..somebody signed it for him.
(INAUDIBLE COMMENT) ..Well, you know, if it was so important, and if it was
monumental and he really wanted to win us, you know...(INAUDIBLE COMMENT)....
Well, you know, that tells me something else, though, you see that's part of
what I'tn trying to say, we aren't important...and I say that this Commission
in order to restore confidence in the people so that the people would believe
that we are about their business with the pursuit of court action, you can't
lose, you can't lose, ..you know, you may lose some feeling,..I understand what
you are saying, I'd rather not have to go to court becuase I happen to be a
believer,...I tell people who come to me to settle divorce matters nobody wins
in a court..nobody wins in a Court, nobody really wins, and at this point in time
they want us to knock along And 1 want to tell you this, Theodore Gibson is not
thinking about not pulling:... and this point in time in my life, contrary to what
anybody might say, I believe that we ought to get that money...Plutmner was one of
the advocates here..."let's work out a deal",..where is Plummer? (INAUDIBLE COM-
MENT) Come on in, Man, you were one of those guys...He said- we'll take a lump
sum...I'm for getting a percentage Mr. Colson and I'm for getting not 15%, you've
got me -committed now I'll even go for 10%, so he doesn't have to pay me if he
doesn't make it, o.k.? If all around the League, the minimum is 10%, my God, why
are we going to ask for any less? Now, we are no Santa Claus around here, and I
hope you all understand that.
Mr. Plummer: Mr. Mayor, I guess I wanted to forego my time to Mrs. Gordon but..
There is two questions Mr.Mayor, that have to be answered by me, even though it's
really unfair, but I'm going to profer a question because I think they've got to
be answered. No. 1, I would want to know from the Dolphins their intent of
possibly raising the prices of tickets for the 1977 Season regardless of the out-
come of what this Commission does today or tomorrow. It is my understanding that
they today are aware that they are raising tickets this Season, 1977, and I don't
want this Commission to be placed in a position once we approve regardless of
whatever terms we come to, that it is because of the action of this Commission
that the price of the tickets had to go up because it is my understanding that
regardless of what we might do or not do today, that it has already been indicated
if not confirmed that the price of the tickets for 1977 is going up, and I think
that needs to be answered, number one. Number two, it is my understanding that
when the proceeds of a game are divided between the home team and the visiting team
that the unwritten or written rule that expenses is first taken from the gross, that
it is agreed upon that 15% is the rental and has been 15%, the rental, which is a
legitinfste expense before dividing the profits of the two teams; and I need those
questions need to be answered. But let me bet to the other point, and I'll be brief.
The City of Miami did not file the lawsuit, I think the City did everything within
its power to keep from a lawsuit being filed. I think that the City has been
challenged and that challenge must be answered, I. find no great problem.,.and I
feel that what has been proferred is within the realm of what I feel is fair, not
exactly but feel it is reaching a point were it is fair, but I for one would not
under any circumstances want to negotiate :any contract- long, short, percent, dollars
or actual cash until the city has answered in a court of law , a lawsuit which we
did not ask for, one in which we were forced into, the question- does this Commission
have the right to set the fee Ind run that stadium, and until that question is answered
I am not even going to speak to Otte c10i1,,rs, to the germs of the contract, bccsuse wo
either have that right or w. don't., ::::d '' we don't have that right, then let's not
spin out wheels and if we c:o have that: rif;h,., then let's sit down with the proper
•
perspective of a. yes, we will enforce the laws of this City but it does not preclude
this Commission which in the past has indicated that. yes, we would be willing to
negotiate downwards, upwards of change the Ordinances, but by God it has been
questioned its Court that we don't have the tight to do that, and as far as I'm
concerned we are spinning our wheels. go, Mt. Mayor, I'll windup my retarks.,
I think we have been thsllenged, we trust answer that challenge, and once that
determination has been trade we then catt speak to the proposal which has beet put
forth by the Manager and by the national franchise holder in the City of Miami
and 1 would be tore than happy after totnortow lawsuit assuaiittg,..whatever side is
the prevailing side, to sit down and start talking about this proposal which has
been proferred'whith I will say is not too far off from what I'm thinking,
Mrs. Gordon: Mr. Knox, do you believe that we have the right to set the rates.
(BACKGROUND COMMENT) You do. Then, Mr. Grassie, do you believe that by our action
and settlement with Mr. Robbi, that he would be conceding the fact that we do have
the right that the rate...do we need a Court of law, do we need a Judge to tell us
that or can we, as reasonable people, inen and women, agree and he agree, Mr, Robbi
agree that we have that right without proceeding in the Court....I would be in
favor of the settlement today and I would be in favor of he, conceding, in that
settlement, that yes, we have that right.
Mr. Grassie: The immediate result of that agreement would be that they would drop
suit and they in fact would be conceding that you have that right. Veil, you see,
then...I respect my fellow Commissioners and I respect them tremendously for asserting
themselves in the way they have but that's why we are five different people, becuase
we have different points of view and we express ourselves the way we feel, I am for
the out -of -Court settlement and I would like to see that proceed and with the confes-
sion that Mr. Plummer's questions are answered in the settlement.
Mr. Reboso: Mr. Mayor, today I am being to be consistent with the same position
I have been taking I would say for the last two years.. I wish Mr. Colson had been
in front of this City Commission before and not at the last minute. We have been
in negotiations with Mr. Robbi, I would say for the last year and a half, and as
Father Gibson said, up to now he has been refusing to sit down with us. I received
this memo from the City Manager dated January 21 and I don't agree with a few re-
marks which are stated in this memo. One of them is that he is basing the average
attendance of 47,000, and I don't know if that was the attendance of last season
1976, but so far all the information that I had previously was the attendance in the
previous years was close to 60,000...59,800 some odd people. And based on that
attendance if we along with the recommendation of the City Manager the $40,000 per
game, we will be, about 7%, between 7% and 8% of the total game, and probably the
mistake was 10 years ago when the City Commission tried to have a team in this
City and gave Mr. Robbi the opportunity of having the Orange Bowl with a percentage
between 3.5% and 4%, a percentage, I am pretty sure, that Tampa Bay Club does not
enjoy even though they are a brand new team. So now, when Mr. Colson is talking
about doubling the rent it sounds like a tremendous amount but compared to the
average in the League that runs between 10% and 11%, when this City Commission
is eking,_ in my case myself, for a 10% fee, I don't think it is too much. I
think we have a winner club and I am pretty sure that if the attendance was 47,000
people last year the attendance is going to increase in the next seasons so I' would
be looking for a fixed percentage, but after the Court takes a determination. As
it has been said here, and I repeat it, we did not want to go to Court, it was Mr.
Robbi who wanted to go to Court, 0f course, there is a recommendation in the
City Manager's memo that we have been assured that if the City and the Dolphins
do not reach an agreement, that the Dolphins will play only 7 games in the Orange
Bowl during the 1977 season and will move the franchise thereafter, And I think
that is another threat of Mr, Robbi, I think he is bluffing, I think above all he
is a businessman, he has a good deal in the City of Miami even at 10% and at this
time I am in favor of going ahead and going to Court,
Mayor Ferre; Mars, Gordon, my fellow Commissioners, 1 had the opportunity to talk
to Don Schuler last night. I didn't call, I just happened to run into him at a
cocktail party and he and I talked, We talked about the Dolphins, what they meant
to Miami and he said something to me which made a lot of sense, he said, you know,
Joe Robbi is not the easiest guy to deal with and nobody knows it better than me
I've got to work with him all the time. He is a businessman and is out trying to
do the best thing that he Pan for his investment. But the one that has really
bothered me in this whole process is the statement that I think you made or some-
body in the Commission made that there is no, ,that if the Dolphins left 24i.aid,
that we would get another franchise and that we would get another team, and you
know, T think he's right in being upset, anci i don't recall making that statettteht
but if I did make it I certainly apologize And I think it is completely wrong,
The Dolphins belong to Miami, they are a part of Miami, they grew up bete, artd
you know what 1 told him?..I said, now the ians see that football piayets are
human beings too and they live for more money and what have it and in 1972 attd
1971 nobody ever thought. The Miami Dolphins and this community was like
Camelot, it was a Camelot situation where everybody loved everybody else and it
all just worked fine but unfortunately that dream is now kind of broken, attd it
is no one's specific faultbut the fact and I want to say it publicly today, is
that the City of Miami loves the Miami Dolphins, we want their to stay here, it
would not be the same having ntiother franchise, they have been a tremendous face
for for this community. I wrote Bill Colson a letter which he hasn't received
yet and one of the things that I mention in that letter is that we as a come
munity and that includes me and the City of Miatni...we let pan American get away
we let Coca-Cola move their Latin American Division away from Miami to Atlanta,
that is wrong, that doesn't make any sense at all. There is a lot of these things
that have happened, now we've done some good things, we've brought people down
here, but you know, things have happened to this community not so much because
anybody has tried or put something together but because of circumstances. Fidel
Castro came to Cuba and there is a half million Cubans who live here which in
turn attracts Latin tourism, that's thee reason, that plus the Airport and the
geography, it isn't anything that any }lank has done here or any Chamber of Com-
merce, or any City Commission, when you really..if you are honest about it, the
fact is that things have happened to this community almost despite us, despite
out efforts or our lack of really being bold and doing the things that needed to
be done. Now, I want to tellvon something.Don Schuler is one hell of a guy
and just as Joe Robbi is an arrogant individual, Don Schuler is just about as
humble and objective and conscientious as any guy I have ever seen. I told Don,
why don't you come tomorrow and talk to the Commission. He said, because I can't
because I can't speak for the team. That's why I distinguished Mr. Manager, when
you said the Dolphins, we haven't had problems with the Dolphins, this City Com-
mission loves the Dolphins and we love what's happened because of the Dolphins
our problem isn't with the Dolphins, our problem is with Joe Robbi, unfortunately.
Let's talk a little bit about that. We are having a disagreement, I think it is
an honest disagreement, 1 don't blame Joe Robbi, Joe Robbi has got a lot of money
out that he owes a lot of money and his neck is out on a chopping block on this
thing. Now, I agree with Bill_ Colson, we try to resolve here the long-term versus
short-term argument. The argument whether or not we need a new stadium against
the fact that we are goin:; to patch up the Orange Bowl. That's been the thing
that really has held everything up for the past 2 or 3 years. I think that there
is no question that if we keep on, we are going to get exactly what we've gotten
so far, and that's nowhere: Now, I would recommend --considering the long term
versus short term and the new stadium versus patching, up the old stadium. I think
what we need to do here is try to come back and try to be as objective as we can
in solving the immediate problem. Let me talk' about that lawsuit. Yes, the
Dolphins started the lawsuit, yes, it is their fault and they are the ones who
did it, yes, in my opinion they are wrong and we are right, and yes, I think that
we are going to win tomorrow if we go to court, fine. Now, that's like how I deal
with a child of mine who comes in and does something wrong and I take that child
and sit him or her down and 1 say- look you've done something wrong and I am going
to spank you, and let's talk about it and I explain, and then the child says-
Daddy you know, I'm wrong, I'm sorry I did it, I won't do it again, I recognize
that I was wrong....I don't really feel the necessity to spank that child just to
prove that thing, if he says he's sorry and he promises he won't do it again.
I think that does it. But I would make a conditional, if the Miami Dolphins, and
by that I mean Joe Robbi, you know, you really have to be careful in distinguishing
these things, our friends in the Herald get upset when I criticize the Herald, it
is not the Herald that I'm criticizing, it's the editorial department and the senior
editors of the Herald that I have a problem with, it isn't with the Miami Herald.
Because God knows that there isn't anybody who has been as helpful in this com-
munity as Alvah Chapman, the President of the Herald, and the reporters, out of a
dozen that I've had to deal with I think I've had a complaint about one or two,
the majority of the working press are a hellof a bunch of people who do a good
objective job, and I don't have any problem with them. We keep saying the Herald,
it isn't the Herald, it isn't the Dolphins, it's Joe Robbi that we are discussing,
Now, it just so happens, it seems to me, that if we can come to an agreement this
afternoon with our City Attorney, that they stipulate that we do have the right,
that it is our stadium, that we do have the right to set the fees and agree to it,
I don't think we have to go there and rub h s nose into it and whip him a little
bit, now that doesn't satisfy anythin;. Now, I think that the problem that we have
'At,: 2 'G77
here is a person who, with all dtie respect to him, is a highly anotional individual
Yes, he is a cagy businessman and 1 really not a psychiatrist or e priest /rather,
and it is not for me to judge what really motivates this tan or where his breaking
point ia, or what he's done ttalit;ioua y, or what he's done because of the nature
of the individual, 1 really don't know. I know that he's wrong and 1 know that he's
caused us a great deal of aggravation, and i know that he goes up to Fort Lauderdale
and openly, he does it its front of the press, cuts us up, calls us all hates, horrible
City of Miami, he has tried every trick that you can itttagihe both politidaily, you
don't know, he's gotten involved indirectly.+.not he but his lawyer in.,,in an awful
lot of things itt the City of Miami that perhaps tight be subject to concern or
criticism attd he's been openly critical, he was the guy that tried to get the Orange
Bowl moved over to Metro, he's beets a part of all these things, and nobody deities
that, 1 don't think he's been particularly kind or nice to us. You know, we get
the feeling that we are bad to Joe Robbi but nobody points out that Joe Robbi goes
around bade -mouthing all of us and the City all the time, but that's not going to
settle anything and that's not going to solve anything. I think the problem is this,
t think there is a chance, I think it's a long shot but I think it is a chance, that
somebody might take advantage of this hiatus and make an offer to the owner of the
Dolphins to move it to a place like Phoenix, I don't think it's going to happen, but
I also didn't think that Jimmy Carter was going to get beyond Florida and he got
beyond Florida, and I changed my mind real fast on that one, and I also didn't`
think that anybody would be foolish enough to commit the mistake that they did in
New Orleans to build that unbelievable dome, and if you look at the whole history
of professional baseball and football, you've got a lot of owners who have done a
lot of funny things, not just here but all over the country, franchises that have
been pulled and crazy stunts that you wouldn't believe of sensible businessmen...
but it's been done. And I put it to you this way, it's all a matter of dollars and
cents, and I'm sure Robbi does not want to leave Miami and I'm sure that he recog-
nizes the value of this franchise, but on the other hand I think he also has to take
care of his business interest and if somebody makes a good business offer somewhere
else he is going to give it serious consideration. In my opinion, for $30,000 or
$40,000, or $50,000, it isn't worth it taking that chance. Now, it isn't a matter
of principle with me this point, it's a matter of being practical. I think that
the time has come where we say look, it's a draw, there is no use in calling each
other any more names and fighting back and forth,...I don't want to be so stubborn
as to win the battle and lose the war. Ithink it's time for us, once again, to
show the good faith...to me, it's a pragmatic thing, the difference between what
you are talking about and what I'm talking about may be $40,000 or $50,000 a year.
The value of the Dolphins for this community is millions and millions of dollars
in publicity and in everything else. It's just part of those things that we have
to put up with. We have a Marine Stadium out here where we race boats, it's a
money loser. If we would have shut -down all the money losers, then we would have
to shut -down an anwful lot of things....we give garbage service without direct
charges, we put it into the tax bill, there are an awful lot of things that the
City of Miami does for other reasons, so the Dolphins is not a big money maker for
us, but we more than make out for it. Now, I realize and I agree with my colleague
Commissioner Reboso that it isn't quite that dramatic that we are doubling the fee
and what have you, but the fact is that this recommendation says that instead of
getting $230,000 we are going to get $460,000 plus in addition to that we get umteen
thousands of dollars --hundreds of thousands to the concession, and for the parking
and this and that...so, there's a lot involved in this. The difference of what we
are talking about maximum could be $50,000, in my opinion, I think the day will come
when Joe Robbi will have to convince himself that there is no way as Ernie Fannato
ably said that this community is going to put up. a $50,000,000 or $60,000,000 stadium'
which is what he wants...that's the minimum that it's going to cost and you can't
put up that kind of money to play 11 games, you can't have a $50,000,000 stadium
to satisfy the whims of one man who has a team who is going to play 11 games I
don't care how good that team is, and the fact is that we can't afford it. We
have people who don't have food to eat in this community, who don't have proper
shelter, we have problems which have priority over building another stadium, And
I think that as long as this Commission is here...and I think Metro is the same
way, I don't know.,that was another one of those dreams Joe Robbi and Camelot.,.
that was another Camelot dream, thinking that Metro.,.Ray Good was going to figure
out a way to put up a $50,000,000 stadium, another Camelot dream; going up to
Fort Lauderdale to build a big stadium,.another big dream; that's not going to
happen and one of these days Joe Robbi is going to have to face the reality that
he is not going to put up a new stadium in Miami and let's get on with this job,,,
if he'd come to that realization five years ago we would have had all these
improvements done by now. Dot 1 think that in the face of this stubborn man that
we have to dial with, from a pragmatic point of view what we have to do is get the
JE N 21 1977
conctittence ftot hilt in stipulation, not having to go to court, code to an agree
tent, and for three snore seasons as Mt. Grassie has pointed out, if you want to
change these figures a little bit, you know, I frankly do not feel at this point
it's the gate that adding $2,000 or $3,000.. for exathple, I told Joe I think that
instead of $42,000 it ought to be $45,000 but what's that going to do, another
$30,000 or $40,000 a year does not make a bit of difference to the City of Miami.
I think much tore important is, let's get this behind us, let's turn over to a
new page, let's start a new chapter,hopefully we'll be able to do the impossible
with an impossible mart, and I don't know, we've done a lot of impossible things
around this City in the last couple of years and we ate at the point of doing
o lot of other impossible things, so why not do this? I just think it is tithe
to start a new day in this relationship, let's get on with this. I would back
the City Manager's recommendation and lastly, George Knox, to you, I know how
important it is to establish the integrity of the City of Miami...attd I've got
news for'you, I have no doubts, and I'm not a lawyer, I'm not like Colson, Ihave
hot read any of this stuff, but I have no doubts from what I've heard of this
thing that you can win this case tomorrow and I'm sorry if this thing does not
go that you are not going to have that opportunity, if the vote should change.
But I, don't think that that's necessary if you can come to an agreement this
afternoon that stipulates the very same things that you are going to win tomorrow
anyway, and that's the only way that I would go along with it, that their lawyer
agrees that the City of Miami does have the right, now if he doesn't agree then
(INAUDIBLE COMMENT)...well, what I'm saying is that I, certainly would go along
with the Manager's recommendation in accepting the agreement as proposed to put
it up to the Dolphin's attorney and Mr. Knox to come to a legal agreement in
which all this is stipulated and if it's not done by tomorrow morning then gc
to court, but as it is now I don't see any need to do it.
Rev. Gibson: Mr. Mayor, I move that we proceed in the Court.
Mayor Ferre: All right, there is a motion by Father Gibson that the City At-
torney be instructed to proceed tomorrow in court. Second by Reboso. Further
discussion.
Mr. Colson: One thing we learned early in our discussion was it took too much
time to stop and say well the rent is going to be this because then Mr. Robbi
would say yes but the concessions are these, and the parking is that, and then we'd go
through the whole litany of going through Kansas City and all of this and seeing how
they are all different. One of the ways we came to and that Mr. Grassie and I agreed
on and Mr. Robbi was, we would talk about 'yearly income' to City of Miami for the
Miami Dolphins football franchise, and if you do that then you get a different figure
because you can't argue without including those, and so I would urge that when you
are...and that eliminates frankly you just can't say 10% but that was one observa-
tion I wanted to make. What you are saying, and I like, is that there shall be a
minimum annual rental, I like that, o.k. whether you do by percentage or dollars
or $.50 a ticket and a percentage, however you do it I like the idea there shall be
a minimum rental.
Mr. Colson: But when you are talking about what we are getting, for instance, in
saying, where you are going to be if the vote goes 'no' there is no question that
you'll lose two exhibition games. Now, the fans are going to love that, they love
it, the City of Miami is going to lose money, but rather than playing those ...each
game and each exhibition game and the regular game and all that, it's just a lot
better if he has the figures of income and you are talking about, if you accept
this, $800,000 and if you ...in annual income and you are talking about $700,000
if he plays seven ball games. The question is I have been in these discussions,
I do not understand your question about your having a right to run the stadium
and that evidently is a big hang-up here and I do understand the part about he'll
go out and say we raise the tickets, I'm prepared to deal with that if that were
important to you both but the one I'm not prepared to deal with is that you have a
doubt and evidently the Commission does....
Rev. Gibson; He has told us that...both he and his lawyer,,.and you know what?,,.
I want to settle that...I'm giving them the benefit of the doubt, I'm not so •concerned
about „you know, I want to make sure that we don't sit up here like a bunch of puppets
that's the way we are,,.You know what? everybody comes here , like Mr. Robbi, to deal
with us,,,,Man I just want to make sure that if the people elected me to run their
business, I want to run their business, even if I do it wrong,,You know what:?,,they
have redress, and that becomes the day when they don't hove to put me back _here, and
I just feel like „Man, look,I love Mr. Robbi, I love the Dolphins, I go all around
AN `)r 1977
talking about them, my friends, you know, they all thought I was the Chaplain
of the Dolphins, 1 still like that, but do you know what I think/ l've been
the guy who has advocated compromise, and reason and understanding het and I've
done that.. Plummer reminded me that i would regret it, do you remember that
Plummer? And you know what?,,.My cup run is over, this man is unreasonable.
Mr. Colson: yours in on a personal basis,/ think.
key, Gibson. Mitre is not personal, mine is on the principle that this Cotnmissiott
has the responsibility to say to Mr. kobbi - this is where we are.
Mr. Colsont %4hat I'm saying is personal in the sense that it is either you
individual Commission runs it or Mr. kobbi is trying to run it, t understand
that point, I don't understand Mr. Flutter's. Do you have the feeling that "the
lawsuit says that you don't have the right to enter into the contract with the
Orange Bowl Committee for your stadium.
Mr. Plummer: Bill let me answer you in my own way, My answer to that is that this
Commission told Mr. Robbi that if you don't want to negotiate with us for a long-
term contract, the Ordinance that is presently on the books will apply. It is my
understanding of the lawsuit that Mr. Robbi went to Court and was granted an in-
junction based upon the fact that this Commission was arbitrary, unreasonable and
possibly illegal in setting such a fee. Now, really what I understand the lawsuit
to be is that this Commission has said to Mr. Robbi if you don't talk with us you
are going to pay the 15, Mr. Robbi, through the court has said - I ain't going to
do it because you don't have that right, and I'm saying that right has to be
established,
Mr. Colson: Now, I understand, now I think we've got really a misunderstanding,
and I blame it on lawyers and not on Mr. Robbi. In filing a lawsuit we have certain
basic allegations in a complaint that in order to state the cause of action we have
to say certain prices, now those prices were taught to us in Law School because
judges in Supreme Courts write them in lawsuits....in opinions, that had nothing
believe me, to do with this Commission as individuals being arbitrary, it had to do
and I'm sure Mr. Knox would agree that we were taught these prices, it has to do
with something that we have to state in a complaint to stay in court. Now, the
lawsuit, as I understand it had to do with an Ordinance, now it is your Ordinance
and I do not know how many of you were here when it was passed so it is the City of
Miami's Ordinance but certainly it had nothing to do nor should it be taken by you
in my opinion to be, anything on a personal basis in acting as a City Commission
because that would apply to any governmental or administrative body that was acting
you would have to say those magic words to stay in court. It certainly has nothing
to do...with that you are arbitrary individuals.
Mr. Reboso: Bill, let me ask you one question, what did the lawyer for the
Dolphins coming in front of us will say that is not so...what you are saying?
Mr. Colson: Well, if he did then Mr. Paul and I disagree heartly. Now, he may
say as an aside that he thinks that individually you are being arbitrary and he
may have that opinion. I'm saying that in a complaint of law that I don't think
you should take it that way.
Mr. Reboso: Don't you think he should be here today?
Mr. Colson; Now you change whether he should
Mr. Grassie or Mr. Reboso or Mr. Robbi how to
and I want to do my best to help all of you.
I don't know if it would help or hurt. I£ he
out of here.
be here...I would prefer not to tell
handle this. I am square in the middle
I am afraid if he were to walk in here,
were my client I think I'd keep hits
Rev, Gibson: Mr, Colson, I've always advocated that if Mr, Robbi just did us the
courtesy to come and talk with us,,,I want you to really understand how this pains
me, it really pains me, because I've always said that this community would be better
off if we had no fights, Dut I think that this Commission today needs to establish
a philosophy and a principle once and for all that we would say to the people, we
mean to run the business of the City in a fashion, now, once your do thet,,. ow, I
will if they walk out of the Court and Mr Robbi wants to sit down and talk and says
I don't want to pay you 15%, you knew what? I'm wiling to do it,
4(3
Jf as .:
Mayor Ferre: Father, let's bring this to a head,
Mr, Fahhatot Just thirty seconds...I'd just like to say this here; 1 don't think
1'd take anything less than a 40'year contract froti Mr, Robbl, if he has itttetttirtts
of leaving, and he has intentions to go to another city 1 think itt the Conttaet
there should be a cruse where he should give you a 2 year notice that he intends.
to leave the Orahge howl so that the assets of the Orange Bowl can be utilised
in different directions if he intends to .leave and t think that's very important.
We should have an iron clad contract, they have well prepared lawyers Mr. Colson
tart Paul is a good lawyer and I think we have a good City Attorney hete.
Mayor Fette: A11 tight, call the toll.
Mr. Plummer: Mr. Mayor, may 1 before you call for another motion just clarify
one position because it's got to be said, because as Bill Colson said that I have
really had more dealing with the individual Mr. Robbi than probably the rest of
you to the extent that I have for the last three years been the City's repre
sentative of presentation at Super Bowl, and even though collectively Mr. Robbi
individually has had a tremendous problem with this Commission I want the record
to reflect that at all time, Mr. Robbi in his dealings with me has been a gentle-
man, has been equitable and fair, because I think that the record has to say that
..For example last year, in San Diego, Mr. Robbi made it very clear to me and to
Mr. Freidman as well as the other members of our contingent that the City of Miami's
argument with the Miami Dolphins had no bearing whatsover on the Super Bowl, chat
he realized the importance of bringing the Super Bowl here to the City of Miami,,
that he would not in any way try to impede or interject his problems with the City
of Miami into Super Bowl, that were two entirely different situations. I just
want the record to reflect that in his dealings with me he has been a gentleman,
open and above board, I just want to put that in the record.
Mayor Ferre: Plummer the motion has been made now to not take it to court
tomorrow.
Mr. Plummer: No, no a motion has been made that the lawsuit proceed tomorrow.
Mrs. Gordon: And that went down so the opposite motion should take place, you
want to move it?
Mayor Ferre: The point is that obviously if you don't vote for a proceeding,
it is not going to proceed and therefore it is not going to be argued tomorrow
unless you come up with..Now, since you were the deciding vote on this, would
you tell me what it is that you have in mind?
Mr. Plummer, Yes, very simply, no action whatsoever. We did not instigate the
lawsuit we cannot withdraw the lawsuit.
Mayor Ferrer Well, then you are saying to proceed with the lawsuit.
Mr. Plummer; No Sir, I am not precluding what you said that this afternoon
he came come in here with a document stating that he withdraws the lawsuit and
that he recognizes this Commission's right to set the policy and the fees and
everything,..
Mrs, Gordon; All right, so then make that into a motion.
Mr. Plummer; No, I'm not, it is not necessary.
Rev, Gibson; And then, saying. under oath that he is going to abide by thst
47
position.
Mr, Plummer: He filed the lawsuit and itt thy estimation only he c In
the lawsuit.
ithdrAw
Mt. keboso: I need clarification frot George.. If we don'tgo to court tottotro
they show in court that means that we lose tomorrow,
Mr. Knox: No, no,no, we'll show up under any circumstances. As I understand what
Mr. Plutmttter is saying as it now stands there is a court hearing set for 9:30 A.M.
tomorrow, tf this Commission takes no action theft there will be a court hearing
at 9:30 A.M. tomorrow morning.
Rev. Gibson: Mr. Mayor, let the make sure, you know, I at not buying what I hear.
if Mr. Robbi is going to do what Mr. Plummer is implying I want to be party to the
act, till be dog -gone if 1 want you all to do that in the room and I not know,
that's what happened the other day when you postponed it, to...I want to make sure
otherwise I am going to begin to doubt my fellow Commissioners. I want to snake
sure that when we leave here tonight, that has been decided...
Mrs. Gordon: You are talking to yourself Father....
Rev. Gibson: You know what? Listen, let me tell you what I think I hear. You
know, we will go into court and they all along they will two votes
to go, three votes not to go. You know what I mean, I ain't buying that...I'want
it done in the open, right here, you know what I mean?
Mayor Ferret Now, wait a minute, you know the way things are going between your
church and my church we are going to be one and the same pretty soon. You know,
on of these days Joe Robbi may show over at the Episcopal Church in confession..
Rev. Gibson: That'll be fine: That would be the day and maybe I will be the
Father confessor.
yr. Plummer: Yes, but I've got news for you, when he gets his pennance he would
not be finished in ten years to negotiate.
Rev. Plummer.: I agree with you.
Mayor Ferre: I think Father is asking a very basic question, now, let me see if
I can rephrase it, as I understand it ---here is what happens, Gibson makes a motion
seconded by Reboso that this matter be resolved in court tomorrow and that motion
died three to two. Now, as I understand it from what the City Attorney said, unless
he gets a motion from this Commission to tell him to stop, he proceeds with the law-
suit and so the effect of what Plummer is saying is that the people that have to
withdraw the lawsuit has to be the Dolphins not the City of Miami, and they have
this afternoon to come down here...
Mayor Ferre: Now, what is it you want, now you've got me totally confused.
What is it you want them to do J.L.? since...
Mr. Plummer You know, everybody is talking for me I don't know why you don't
ask me....My hIshon don't say that anvhndy hut my wife Rays nobody has got to
speak for Plummer
Mayor Ferre: Plummer why don't you tell us again, nobody here understands what
you are doing.
Mr. Plummer: Very simple, as it stands right now the only way that I am willing
to talk about the Dolphins contract is for the person who filed the lawsuit to with-
draw the lawsuit and you don't do that here, you withdraw the same place you filed
it. That's all, it's that simple. I don't want him here, I don't want to negotiate
with him, I don't want to talk to him, I didn't talk with him about filing the law-
suit. he didn't give me that privilege, and I don't want to talk to him about with-
drawing, Dut the only one who can withdraw the lawsuit is the than who filed it,
That's his privilege,
Mrs, Gordon; Mr, Grassis, have the Dolphins seen and approved the contract proposal
that you have given to us?
Mr, Grassier Yes, they have approved this agreent if you approve it, if you
approve it you have an agreement
e
f.4
977
Mrs. Gordont if tae approve it, then there is an agreement. Then don't we have
to indicate whether or hot we ate willing to approve it, I would so hove that
we accept your recommendation.
Mr. Gtassiet if you expect anything to happen oh Commissioner plummet
theft yes, you would have to indicate that.
Mts. Gordont Of course, we have to show our good intention, o.k.,,,And he is ndt'
going to withdraw the lawsuit until we show our good intentions,
Rev. Gibson:
neV. Gibson: How are you going to tell me that we are going to approve an agreement
before the man,....Come on, Man:..You've all got to,..,
Mayor Ferret Now, wait a minute, Father, wait a moment, please, let's distinguish
between one way and the other. Unless we do what Rose is saying, in other words
if we do nothing, in effect the Dolphins by withdrawing their lawsuit would then
be agreeing to pay 15%....
Mr. Plummer: Or negotiate, and I would be willing to talk about that negotiation
once the matter is settled.
Mayor Ferre: Now, what Rose Gordon is saying is, look, the way to induce theta to
do that is to tell them before -hand what it is that we are willing to negotiate
too, and that's what she is proposing, now, otherwise...you know, I get the feeling
this is like the law of the jungle, we are acting like a wolf -pack here but you are
asking for the wolf to lie down --1 don't know whether you guys watch Walt Disney
but what the wolf has to do is lie down and show its jugular vein to the other wolf
you know, and that'sbasically what you are asking this guy to do.
Mr. Plummer Mr. Mayor, I suggest this be bt;•olght up to a head.
Mayor Ferre: It already has been brought to a need.
(INAUDIBLE COMMENT IN BACKGROUND)
Mr. Reboso: Rose, what you are suggesting is that we negotiate now that we are
under a lawsuit.
Mrs. Gordon: No, I'm saying that we, this Commission, has been given a recommenda-
tion by our Manager who has been in negotiations and who informs us that that would
be an acceptable compromise, and I'm moving that we accept his recommendation.
Mayor Ferre: I'll tell you what let's do, just to satisfy everybody around here
because I know we are not going to get three votes on that, so let's say that --
is it $40,000 Joe? Let's say that we would begin it at $42,500 immediately, and
that we go up to $45,000 by the second year; in order words it would be $42,500,
$42,500, $45,000 and $45,000. He's not going to go for it but at least you know,
let's up it a little bit becuase I know we are not going to get three votes here,
o.k.? Rose, do you want to move it that way?
Mrs. Gordon: I'll move it any way we can get three votes because I really and
truly feel we are going to lose not the case, but like you said very well before,
we'll lose the war.
Mayor Ferret All right, Rose Gordon moves that the Manager's recommendation be
accepted with the exception that the $40,000 move up to $42,500 and that...
Mrs. Gordon; Could we give him the latitude to negotiate from that point the best
possible deal that he can, I mean, I don't want to knit -pick this thing but that's
what we are doing...,
Mayor Ferre; You are looking
to look for the third vote so
going to do, if you move it I'
for the 4 years and that's it.
you chair,
Rev, Gibson;
Mr, Plummer;
discussion,
for a third vote,..I'll tell you what, I_ think that
that we can make it and I don't know what Plummer is
11 second it, that we charge $45,000 across the board
You move it that way and I'll second it, Father
All right, call the roll.
No, no, no, don't you call the roll, there is 4 hell of a lot Of
(b4GKGROUND COMMENTS) Well, Mr. Mayor, I don't want just a simple
Jr1 2
12._
fto vote to reflect the fact that I'm oppo:.ed to the fine f,egotiatiots done by
Mt. Grassier t want My "too" vote to reflect exactly what I said before and that
is thet-e shall be no negotiation until everybody starts off with clean hands.
I'll be that brief, period, No3 cat iai there's tore to follow,
key x Gibson: All tights ariy further comments, Cali the roll.
MOTION DIES. The Votes being as follows:
AYES! Mayor Maurice A► Veto
Cotllntissioner Rose Gordon
WOES Vice Mayor (kev.) Theodore k Gibson
Cotnthissioner J. h. Plummer
Commissioner Manolo Reboso
ABSENT: None.
(INAUDIBLE BACKGROUND COMMENT)
Mr, Plummer: The hang-up is the lawsuit.
Mr. Colson: I don't think that you think that Mr. Grassie has come up with an
unfair deal.
Mr. Plummer: I've stated before, I'll state it again. I thinkit is within the
realm of being fair.
Mr. Colson: If I could get Mr. Robbi upon to withdraw the lawsuit with the
stipulation that he will -and the Miami Dolphins will- agree that you have the
right (that's the word) to set the fee and that you will -agree to the Grassie
proposal this afternoon...Let me say first one thing about what I'm saying,
I don't know if Mr. Robbi is in Miami, he doesn't know whether I'm here, no one
has ever asked me to be here from his side or anything, so I say that before any-
thing else, but I think I've heard you say that if he drops that lawsuit, then
you will represent to me that I can represent to him that we have a deal but he
has to drop the lawsuit and then he has a deal. Will that take care of it?
Mr. Plummer: No.
Mr. Colson:
Then we don't have anything to talk about.
Mr. Plummer: Bill, let me tell you my thoughts, in fairness o.k.?, because...and
I've expressed it to Mr. Grassie. For one, I happen to agree with your premise,
I like it, of the annual dollars to the City, I like that. Number two, I agree.
that we arc: at a point where we are not today going to get a long-term agreement,
and for another, I would rather go with a one-year agreement than three, o.k.?
Mr. Colson: Would you go for that?
Mr. Plummer: I'm talking, these are just points that I'm making. I'm concerned
about the score -board. I have talked to some of the people who are possibly
advertisers who have stated unequivocably that the minimum they could amortize
their dollars off is 5 years to 7 years. I'm concerned about that, I'm concerned
that this City, at the request..not'request but with the acquiescence of the
Dolphins has spent almost $600,000 in putting in a new turf. These are my areas
of concern, Bill, and I think they are legitimate concerns. I raise two other
questioned which I feel have to be answered. Now, for me to say that carts blanche
what Mr. Grassie has negotiated, no I cannot vote for that. O.k.?
Mayor Ferrel Well, I think that at this point there is nothing else to be said
and, I tell you, rather than take a 10 minute break let me recommend something to
the Commission. We are going to have food here in between 10 to 15 minutes.' We've
got five presentations to be made. Why don't we make the presentations?...
And we also have to appoint a member to the Zoning Board and`I open up the floor
now for nominees. This is a matter that was in yesterday's agenda but we didn't get
around to it, So are there any nominees?
A) PROPOSED APPOINTMENT TO ZONING i AND
a) B3R I EF DISCUSSION OF REASONS FOR EXECUTIVE SESSION HELD JANUARY 27, 1977.
Mrs, Gordon; Is there any one in the audience that is
op to become a nominee?
Mayor Ft rre; Well, the three that we have b {fir
:'ri.txall mid (;, r1-om Nodriglio
a
nominee?, .that has signed
us it+ Carlos f:Farr aneaa, gull l trru
firs, Gordon; There is anoKher ono that is Seth
Wert t but Rodrigtaeit to not vit. ibio
411
May Verret And how about Seth M. 8k/trey?
key, cjibsbttt Mr. Mayor, 1 know Mt. Fteikas, 1 don't know those others.
Mayor Fetter You know, till do anything the Commission wants tie to do but right
tow 1 open this fot discussion and for notnihations.
Mrs. Cordon. 1 would like to ask Mr. Mayor, if we could have the eligible people
who are oft this list come down here. I think it is important that we not only
know their names but we know who the person is.
Mr. ttebosot We never have done that in the past, hose...
Mts. Gordon: Well, we have done a lot of things lately that we haven't done in
the pastandamong them is that we rejected someone because they weren't Latin
at the last meeting, so since we...you know, that's true.
Mr. Plummer: Let the wasp speak Mr.Mayor,..
Mayor Terre: Go ahead,
Mr. Plummer: You know, Mr. Mayor I want to take exception with Mrs. Gordon's'
comments based upon the comments which I interjected into the record. Under no
circumstances did t vote to continue this based upon there was not a Latin candidate.
I felt, as I feel the rest of this Commission felt, that we needed to expand further
on those lists of -people who had proferred their names. t still feel that way.
I have never and would never vote to put just a Latin, a black or a wasp candidate
up on a list.
Mrs. Gordon: O.k., that's your opinion but I refer you to the minutes of the
meeting that took place and you will find certain references in those minutes to
that conversation that I have just and l honestly don't think that it is irre-
gular, unusual or in any way not proper to ask those people who are candidates
to come down and let us see who they area
Mr, Plummer: Rose, I have no problem with that
Mrs. Gordon: So I say we could delay this until later in the day and have some-
body telephone these people and ask them to come down.
Mayor Ferre: Is there any other statement?
Mr. Reboso: I don't agree with what Mrs. Gordon said right now, Mr. Mayor, at
the last minute. It was in the Agenda yesterday afternoon, we were told it was
going to be the first thing in the Agenda today and nobody mentioned that the
people had to be here.
Mayor Ferre: Now, what does the Commission want to do? We have two opinions
now.
Mrs. Gordon: Is there any reason why we could., not ask the people to come down
Mr. Reboso: Maybe you won't be able to find all three of them today, and then
you have to postpone the whole thing.
Mayor Verve: Well, we have two opinions, is there anyone else who wants to state
his opinion.
Mr. Plummer;- Mr. Mayor, may I ;sake a statement. And then I'll be making a motion.
Mr. Mayor, the man who in my estimation is best qualified to hold this position
is a man well-known to me, I know nothing negative about the individual, which is
what I would be more concerned about, so I can tell you that it would serve no
purpose for this one Commissioner to have the people come down here, Now, I am
not precluding Mrs. Gordon not knowing the individual.
Rev, 'Gibson; I know the Stan, and I would have ro hesitation to support him,
Mrs, Gordon; o,k., I want to ask a question, Those persons who were on the first
list that were not utilized, have they been abandoned? They are not on this list,
they did apply and this is an incomplete list. They wete not given to us in this
tran;mittai of Applieatiant for toddy's Agenda. Thie is an incottpiete lift.
Mt. Grassie: hen't look At the Corot issioner, ,you ought to lookAt the Clerk,
Mrs. Gordon: No, I'm looking at Mr. Flutter.
Mr. Mutter: Are you asking my opinion?
Mrs. Gordon: I at not asking you anything, 1 at just telling you something.
Mr. Plummet: Oh, t concur you ate right,
Mrs. Gordon I therefore ask that we receive a complete list of all those peple
that signed up and asked to be considered for...(INAUDIBLE COMMENTS) some tithe
before the day is over. And while we are here and we have a chance to talk I
have to ask a question because obviously the Cletk has to go into the files to
get that list but I want to ask you, Mr. Grassie, since I had to leave here for
reason that I had to leave for a little while yesterday afternoon. When I came
back and found there was an Executive Session that was the first I heard of an
Executive Session being held. I would like to know when this Commission was
advised that there would be an Executive Session yesterday afternoon.
Mayor Ferre: At the end of the Session, when we came to this item, discussing
whether or not there was going to be the selection of the zoning Board member
and as I recall, Commissioner Reboso said- but we shouldn't do it without Rose
being here...then I said is there anything else that we can discuss at this time?
Mr. Knox had told me that afternoon that we --I'm sorry, I guess it was Mr. Grassie
who told me-- that we had to discuss this pending matter of the FEC railroad law-
suit. I then asked Mr. Knox if that was something that could be discussed in
Executive Sessionand he answered in the affirmative.; I then called Delores Kory
and I'll tell you the exact time, it was 5 minutes to 4 PM. You had been gone for
about one hour. No I'm sorry listen, that you left here at 3:10 P.M.- You said
you would be back as quickly as possible and that you thought it would be about
an hour. I asked Delores if she knew how long you would be, Delores said that
she didn't but that she thought that you would be back very soon. We then went
up and we waited until 4:30 P.M. to begin that Session. I asked that a tape
recording be kept so that you could hear the tape recording of the items before
you got there and I also said that no decisions would be made as long as you were
not present. Now, we started talking and about 10 minutes after that, you arrived,
I would say that you arrived about...oh, about a quarter to six (5:45 P.M.) and we
started about 25 minutes to six...I'm sorry to five. And we ended up as you know,
at 6:00 P.M.
Mrs. Gordon: I would like to express myself on procedure. I believe that in no
case this Commission should go into an Executive Session on the spur of the moment.
And most particularly if a person is not at the Commission when that decision is
made. I'm addressing myself to you, Mr. Grassie, because apparently you
Mayor Ferre: Mr. Grassie does not have the authority to call an Executive Session,
the only one that has that authority in the Charter is the Mayor, so I'm the guy
that you can blame and I assume full responsibility even though Mr. Grassie requested
it. I want to tell Rose very, very sincerely that there was no intention in here to
exclude you and that there was no intention to put one over you or to have this thing..
Mrs. Gordon: No, I'm not even trying to imply that you tried to put anything over on
me or on anyone but, at that particularExecutiveSession there was discussion re-
lative to taking a position which had, in my opinion, great consequences upon the
City...
Mayor Ferre: And you were fully involved in it.
Mrs. Gordon; No, l objected to taking positions of any kind and state it here
publicly on the public record so that it may become a part of the public record
that this Commission Should not call an Executive Session,
Mayor Ferro. Well., the Mayor did it, not the Commission, you are talking about
sae,
Mrs, Gordon; I'm saying that this body should not go into Executive Sessaion with-
out having due notice., .unless it is a natter oI life or death,
1;2
Mayor Ferret All right, I think from a practical point of view you have a valid
observation. I would like to clarify, Mr. Knox, that under the Chattet, the Mayor
has the tight to call this Commission into session at any tithe the Mayor wishes,
is that correct?
Mr. Knox: Yes, Sir, that is what the Charter provides.
Mayor Fevre: And I then, therefore, not on a legal matter but on a practical matter
apologize to you. And again, I repeat to you, that we did keep a tape recording of
it that you did not miss more than two or three minutes of the discussion.
Mrs. Gordon: O.k., my secretary received a message from you, Mr. Mayor, and she was
told that since I was not here the Board would be adjourned, that was it, and she
was trying to call the to tell me --and I was at the doctor's getting a tetanus shot --
so the records can reflect where I was, to tell me not to return. Apparently. she
did not know that you were going into an Executive Session.
Mayor Ferre: I called Delores Kory I would say at about 3:50 P.M. and 1 asked her
whether she knew shen you would return...
Mrs. Gordon: She's here, she can speak for herself.
Mayor Ferret .;.I want to tell you that you had mentioned to me that you were going
at three and that you would be back as quickly as possible you thought you'd be back
by 4:00 P.M. I asked her if she knew for sure when you would return, she said she
did not, and that was the end of it as far as I'm concerned. This Commission was
then recesssed not adjourned because I thoughtthat by the time you'd come back we
would get into this item of the (INAUDIBLE BACKGROUND COMMENT)...no, I did not mention
anything about the Executive Session...
Mrs. Gordon: O.k., that clarifies the record, there was no mention of an Executive
Session nor was she told to contact me and tell me to come here to be present at an
Executive Session.
Mayor Ferre: For the record, the Mayor will try to respect the feelings of Mrs.
Gordon but I want to tell you that I will, in the future, call Executive Sessions
at any time that I so see fit for the benefit of this community as long as it is
within the law and yesterday's meeting was within the law. You were there within
three minutes after we started, there is a full tape recording taking of the session
you can listen to it one hundred times if you want, it is your right and your pre-
rogatory, and I don't see what this discussion is about.
Mrs. Gordon: _ This discussion is to make public public matters, Mr. Mayor, this is
the way I like to do business.
Mayor Ferre: Boy, that's a home run.
Mrs. Gordon: That's a home run, it sure is, and I'm delighted you gave me the op-
portunity to make that home run.
Mayor Ferre: Let the press go over it and have the Press Conference and do what—
ever you want. I mean, you know, ...
Mrs. Gordon: I would hate to think that every time I went out of town that it would
become a Session or an Executive Meeting of some sort or other.
Mayor Ferre: Well, thank you very much Mrs. Gordon. Is there anything else?
20. PRESH TATIONS, PLAQUES AND CERTIFICATES OF APPRECIATION,
Presentation of a Plaque to Assistant Police Chief Kenneth E, Fox, upon his
retirement after 28 years of service, with the City of Miami,
b) Presentation of a Plaque to Mr. Joseph M. Magill, upon his retirement after'
31 years of service with the City of Miami,
Ptesentation of Bitentafinial COMMendatiOns to all patticipants Of the
Legislative Bieefttetmial Weekend
Captain ,fit "Reese
Mr. Otorge peters
Mt. Lew ?rice
Mr. Al de Marto
Ms. Sue Neuman
d) Presentation of a Jewish War Veterans Week Proc wMatiort to Mr. Edwin L.
Peibelman, Quartermaster, Norman truce Crown Post No. 174, and a delega-
tion from said post.
Presentation of a Plaque to Mr. William R. Amos, Jr., upon his retiremetitt
after 27 years of Service with the City of Miami.
Presentation of Certificate of Appreciation to Mr. Carlos Calvet, Manager,
Corporation bivision, Secretary of State's office. Mr. Calvet has worked
closely with the Cuban Rotarians in preparing, on a volunteer basis, 'sta-
tistical studies of the Cuban community. He has also helped in the reloca-
tion of Cuban exiles to other parts of the United States.
Presentation of Commendation to Rev. Don R. Olson for his outstanding com-
munity work. Rev. Olson began the Center for Dialog as well as Switchboard
of Miami.
21. RESOLUTION OF CONDOLENCES - REcENr DEATH of WILLIAN! PAWLEY,
h) Read into the record a
D. Pawley, deceased on
Presentation of Plaque
Zoning Board.
Resolution commemorating the memory of Mr. William
January 7, 1977.
to Mr. Jack Alfonso for serving on the City of Miami
22, APPOINTMENT: GUILLERMO J, FRE I XAS J AS A MEMBER
TO THE MIAMI ZONING BOARD
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 77-69
A RESOLUTION APPOINTING GUILLERMO J. FREIXAS AS A MEMBER OF THE
CITY OF MIAMI ZONING BOARD.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk)
passed and adopted by the
AYES:
NOES: None.
following
Upon being seconded by Commissioner Gordon, the resolution was
lowing vote;
Commissioner Menolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev,) Theodore R. Gibson
Mayor Maurice A. Ferre
.>
471
lfripLEANTATIoN of THE oot.,,NMIN PEOPLE MOVLR AND REsoLuJioN
ItQUEST 1 No I t.1 RO To EARMARK MoN I Es, FOR CONSThUC1` I oN
Mayor Fetre. We've got two morning items that need to be passed, the itttplemettta
tion of the bot,rttown People Mover, Mr: Grassie, we are on item number C, of the
morning Agenda. Is there any action needed on this?
Mr. Grassier If the City Commission agrees With the importance of this project
Mr. Mayor, you may want to express that and have us record that in the form of a
Resolution. Basically this would be a question of advising the County Commissions
of your feelings:
Mayor Ferrer Rose, here is what the situation is on that, as I see it, the Federal
Government gave Metro $600,000,000, as I recall, now it might be $575,000,000, un-
fortunately. Whatthey said, if you look in your Agenda item...you'll see an item
b, a letter from Patricelli to Mayor Steve Clark dated December 22nd, and if you
look on the second page of that, and I'll: read it to you it says "with regards to
your Downtown People Mover proposal we found your plan to be justified and highly
supportive of your Rapid 'Transit and Urban Development Programs. We regret that
superior aspects of other impeding proposals and our own funding limitations trade
it impossible for us to offer you additional funding to implement the project.
However, given the importance of improved downtown circulation your efforts we
would be prepared to permit you to use funds within our $500,000,000 to $600,000,000
reservation to implement your proposed Downtown People Mover if adequate cross -
savings or reprogramming from Rapid Transit Construction can be achieved." Now,
the "if" portion of it is pretty well in hand, it can be met. The question is
whether or not we, in the City of Miami, are going to fight for this and whether or
not the Metro Commission agree;, with us as to its importance. I submit to you the
following: 1) there is not sufficient money --and Mr. Grassie, stop me when I'm
wrong-- there is not sufficient money to complete the Hialeah Lake and there is no
way of getting that money at this time, it's a substantial amount of money; 2) the
only monies that are available at the present time is to complete 16.4 miles of
the Rapid Transit System; 3) the Federal. Government has agreed to let Metro proceed
with the engineering drawings for the Hialeah Lake so that when monies become avail-
able they can do that. The fat is that there is no way to build the Hialeah Lake
now; on the other hand, there is sufficient money to put up the $75,000,000 People
Mover for downtown Miami. Number one, it could be done and this could be operational
in 24 months, that is, a year and a half before the Rapid Transit is finished, and
therefore the people of this community would have a sense or an idea of what
Rapid Transit is all about. Number two, it is economically justifiable and we
do have the money and we can start it and the unfortunate situation that I think
is affecting this community is that we get into these situations where this is
highly against Miami, or Coral Gables against this, and it is rather unfortunate
that we got into these positions, but obviously I don't blame Mayor Dale Bennett
for doing the best...and he's been fighting like a tiger to get that Hialeah Lake
implemented. I'm all for it, I'm all for him, and I hope he gets it implemented,
but the fact is that we've got to be very careful, we in the City, so that we
don't jeopardize what is really a viable project that is doable right now because
of the dreams for tomorrow. Therefore, I don't want to put this on an either or
kind of a basis, b ut I think we, in this Commission, have to go on record, we
have not done that and I think I would respectfully submit that this Commission,
somebody here make a motion stating number one, that we believe strongly in the
People Mover. That we sponsor it based on the second paragraph, page 2, of
December22, 1976, letter from Patricellin to Steve Clark, that does give Metro-
politan Dade County, that alternative, and that we ask that Metro go on record
quickly on this matter and get going with it. Does that cover it, Joe?
j AS,i 27 977
Mr. Grassier Yes Sir, you have a motion as item No.42, ih your Agenda, if that
is the sense of what you want to aeoomplish you may be able to do it with item
No,42.
Mayor Verret Well, 1 pretty well rattled off what we ate. ,66
Mr, Mummer: doe, let me ask a question if 1 may. The thing that 1 read in
the paper which 1 read with distaste which I can't dictate that this thing was
turning into a political football and a political battle between Miami and
Hialeah and really, we know that it boils down that one or the other is going
to be the winner and one or the other is going to be a loser. Uow, are we
really concurring to the point that this is turning into a political thing by
making such a motion or are we better off saying nothing, that's really what
I'm asking.
Mr. Grassier I think the Mayor's point is well taken in this regard, Commissioner,
but I understand him to be saying, and I think it is true, that in fact these are
not direct alternatives because there is not enough money to do the other alter-
native in the short tun, whereas you can do this. So what we are talking about
really facing both things but realistically since there is money to do this and
not enough money under any circumstance to do the Hialeah Lake but what the Mayor
was saying, and I concur, is that we ought to do the People Mover now, because it
is possible.
Mayor Ferret We've got the money, we can do it, it really doesn't compete with
the Hialeah Lake...
Mr. Reboso: Let me ask you something, the alternatives say 7 and 8, could be
included in a later phase if they get the money?
Mayor Fer.re: Oh yes, well they plan to do that, do you mean the Hialeah portion
of it?
Mr. Reboso: That's right.
Mayor Ferrer Yes, they,..see, if they don't do the People Mover the $50,000,000
or $60,000,000 that they are saving is not enough to do the Hialeah Lake. They
need $200,000,000 or whatever it is to do the Lake, so therefore, killing the
People Mover doesn't really solve the problem of Hialeah, so what we are saying
is let's,get on with what we can do and let's worry about what we can't do when
we can change it.
Mr. Reboso: O.k.
Mayor Ferrer Is there such a motion then?..Item No. 42. Moved by Gibson and
seconded by Reboso.
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO, 77-70
A RESOLUTION REQUESTING THE BOARD OF COUNTY COMiMISSIONERS
OF METROPOLITAN DADS COUNTY, FLORIDA, TO USE A PORTION OF
THE $500,000,000-$500,000,000 TENTATIVELY COMMITTED BY THE
URBAN MSS TRANSPORTATION ADMINISTRATION OF THE DEPARTMENT
OF TRANSPORTATION FOR IMPLEMENTATION OF ITS RAPID TRANSIT
LINE PROJECT FOR THE PROPOSED DOWNTOWN PEOPLE MOVER SYSTEM
IN THE CITY OF MtAMI, AS AUTHORIZED SY Tit ADMt tSTRATOts OP T1tt
URBAN MASS TRANSPORTATION ADMINISTRATION IN }IS MCEMMA 22,
1976 NOTIFICATION TO HONORABLE STEPHEN CLARK, MAYOtt OP MET1tO
POLITAN BADE COUNTY OF THE RESULTS OF THE SAID DEPARTMENT'S
EVALUATION OF DADE COUNTY'S TRANSPORTATION PROPOSALS.
(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 voter
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev:) Theodore R. Gibson
Mayor Maurice A. Fevre
NOES: None.
Mayor Ferre: Mr. Manager, 1 think it is very, very important that you take this
notion and personally carry it to Mayor Stierheim and I think you should do that
yourself. If you want me there I'll be more than happy to go -along, if you feel
it adds anything to the mission and if we want... if you feel that we ought to
call for a joint meeting between Metro and the City, anything that you think is
reasonable, please let us know.
24. PENSION BUY-BACK DISCUSSION AND REFERRED TO THE CITY MANAGER,
Mr. Grassie: This question, Mr. Mayor, responds to a long-standing problem
with the City. What we are trying to do here is come to a solution. It in-
volves a significant number of City employees who many years ago were not allowed
to join a Pension System. What is proposed here is that we facilitate their
joining in two ways: one, that we allow for the contribution of the employee
himself or herself to be made over a period of at least five years, and second,
that the City pay all of the interest during that period of time, all of the back
interest, as it were, which would have accumulated so that the employee would
not be charged with any interest because of the fact that he was not allowed to
join earlier. If we do these two things, we feel that it will be financially
possible for the employees to buy into the system without an undue hardship.
Now, we do have eight cases, as you can see from the memorandu, eight individuals
who have, as best we can estimate, less than five years remaining service with
the City before they will probably retire, and in the case of those individuals
the only alternative that we see that world be palatable to them` is that their
contribution be made from their termination bonds. And if these arrangements
are satisfactory we could put this into effect and get these employees covered
by the Pension System.
Mayor Ferrer All right, are there any other questions?
Mrs, Gordon: Mr, Grassie, as I understand it, there has been some buy-back
already made including interest by either one, two or three --I'm not sure -
that fit that category. Is it your intention to refund to then the amount of
monies that they had paid. .in, as interest?
Mr. Grassier Is hasn't come to me as a question, but I would think that the
answer would be yes. If the facts are as you've presented them I Would think so,
Mt, Paredes: And again, we ate only dealing with those employees affected by
Ordinance.
Mrs, Gordont I know, under those tategaries, I'M only talking to that class
sIficatitn that tWee prohibited from becoming members of out pension System
during those specific years and from the time it ryas first decided they could
buy back until today, I'm not sure of the exact number but you do, you could
find out, that have bought back and paid the interest, those people then would
be entitled to a refund of the interest, is that right?
Mr. Grassie: That would be fair, yes.
Mr. Duggan Mr. Mayor, I at President of the Sanitation Employees Association
and I think there were 212 people involved in this pay -back and it amounted up
to I think $1,700 per person and I think that was is said if out of the 212
people that the people who had over 5 years it would cost hit approximately
$35 a pay day besides what they are paying now to the pension in order to buy-
back this time. And those people that he's talking about they say they have
less than 5 years and during that time they don't have enough time to buy-back
but they can come out pay. They said it was something like...all but one
has something like $,000 pay -back in separation pay and they are asking them to
take all that honey at one time. And I don't think it is fair for a man to have
to come up with a lump sum of money like that at one time. And $35 a pay -period
is a lot of money for a man to pay back over a 5-year period, which I pay $45
towards the pension not counting Social Security and I can't afford to pay back
an extra $35, that'd be close to $70 or $80 coming out of my pay check just in
one pay period, and a man can't live off of that.
Mayor Ferre: Well, Mr. Grassie, I think that there is some logic to that...
is there anything we can do about this, please?
Mr. Grassie: Well, you really have only two choices as I see it. Either do
something like this or else have the City simply pay instead of the individual.
Mayor Ferre No, that's not the question. Isn't there a third choice? That
the payments could be extended over a longer period of time?
Mr. Grassie: Well, I see no objection to that.
Mayor Ferre: What he is saying is if you are going to make us pay for it, do it
in such a way that we can live with it.
Mr. Grassie: Well, the only limitation is that you will have people retiring,
and of course, they would not be able to pay for a longer than they work.
Mayor Ferre: Well, you know, there is nothing we can do about that but in the
average, if we can do something about it we ought to try .to help.
Mr. Grassie I would agree, and if that is of any help to anyone_I think it.
should be an option.'
Mayor Ferre: All right, is that acceptable?
Mr, Duggar; I don't know, you know, to me it just don't seem fair that a man
back in 1955 and between 1955 and 1965 a man was told that he could not join
the City's Pension Fund, some people could and some people couldn't, and all of
a sudden they all want to come up at one time when the dollar value is different
back then than it is now, back then I think a dollar was worth $.75 and what, is
the dollar worth now?,.about $.40?..if it's worth that much. The way the prices
are today, the food and coffee is constantly going up,.You know, to me it seems
that is a great sutra of money all at one time.
Mayor Ferre. Well, you know, life is full of all kinds of injustices and 1 would
agree that this is one and I'm perfectly willing to try to figure out a way to
overcome it. Give me your rec_ommendatien,,,other than the City having to pay for
it.
Mr, Puggar; We could not have the City pay for it? Well., that is the only recom-
mendation 1 would have, That's one way to solve the problem, there wasn't a choice
hack then,
Mayor Ferret We are letting people go out of the City because to don't haVe
enough money to pay for their salaries next week and you are talking about.:.
Row touch money would this cost to the City?
Mr, Grassie: About $1,700 times the number of people involved,
Mayor Verret How much is that,.:
Mr. Grassie: 212 persons.
Mayor Ferre: Well, you .1re talking about $350,000, we just don't have that
to do...Now, if we are taping about somehow whether we can spread this and
people Can pay it over a longer period of time, I'm perfectly willing to be
as reasonable as we can.
Mr. Duggar: Or even cut the amount of pay -back some...
Mayor Ferre: Can you come up with something that is in the middle? that would
ease the burden of payments somehow?
Mr. Grassie: Well, certainly, the payments can be stretched out for as much
time as the individual has remaining with the City, that's 20 years, you know,
we could stretch it out over 20 years, I should point out that on the average
what comes out of the pay check is about $10 or $12 or something like this..
per pay check.
Mayor Ferre: Per pay check?..wel.l, 1 don't think that's unreasonable.
Mr. bugger: What was that?
Mayor Ferre: He says that it averages out about $10 per pay check.
Mr. Grassie: No, no, let me take that back. It'll be more than that, it'll be
about $18.00 a pay check
Mr. Duggar: Not counting what they are putting in now.
Mr. Grassie: This is additional, what we are talking about.,..
Mr. Duggar: So the man would be spending his money for pension and nothing to
take home to feed his family.
Mr. Grassie: The only other thing that you could do is aside from the City
paying for it is to increase your unfunded liability....
Mayor Ferre: Plummer wouldn't go for that.
(INAUDIBLE BACKGROUND COMMENT)
Mayor Ferre: Plummer you figure these things out pretty good.
let's do it quickly so we can move along...
us, but
Mr. Plummer:...I'ms sorry, but there is no other way, you are faced with a very
simple decision, either the City is going, to pick up the money, the people are
going to pay for it or it isn't going to be done...It's just that simple,
Mr. Duggar: You know, we are talking about people that could retire sooner
instead of having to work an extra five years, or an extra six years the way
the job situations are now, and if they have to work for an extra five years
...how long they have to make up in the pension in order for them to retire
under benefit, or are they going to be in the welfare line? That is the problem
we have with the retirees now, they are not making enough money, the ones that
are suffering now have been retired for the last 20 years, they don't have enough
money to live on, the can't drink coffee no more,
Mayor Ferre; I can't think of any other alternatives, unless somebody comes up
with an idea. .
Mr, Plummer; Then you are faced with the fact of them paying it out of their
pension,.,out of their pension,..You know, maybe that's an alternative you might
consieet,,,going froth no pension at ali tt any at ail is that much ahead of the
gatrte, , .Maybe you'll want to consider that they take less petition and less pays
back „you know, instead of getting 2,5% they'll take 2%4 or i,5I,.,and that's
aft altettiativei if you ate asking the for aft alternative,
Mr, tuggart Maybe the City could look into it some tore besides making just a,.,
but it has to be in a hurry,
Mrs, Cordon: Why don't you get with the ten that ate the affected patties and
find out what you find to be the most acceptable to thetti?
Mayor Ferret Joe, can't somebody cote up here with these alternatives its writing
and cote up with some kind of a, .For example, what Plummer said.
Mr, Plummer: You don't want to do it, and I don't think Joe himself wants to do
i, I think the one you are going to have to turn to is the actuary, he is the
one that is going to be able to do it.
Mr. Grassie: Let me take a look at it and see...What would you like?„Would you
like alternatives?
Mayor Ferret Number one is this, we don't want the City of Miatni to be stuck
with making a $350,000 payment, on the other hand, I don't think it's fair to
put a burden on people on having to take $18 off of their pay -checks and I think
we have to find a way of being just about it in finding out some area of limita-
tion and given people a choice, well, maybe they can go down as Plummer said, to
2%, or maybe... --in that way they can limit their payment say, to $10 or $15 per
pay -check.
Mr. Grassie: You mean,allow them to take an actuarial reduction and contribute
less?.
Mayor Ferre: Sure, orcontribute more and get the full amount, I mean, we've got
to come up with something where people will have a choice and I think we have to
be as flexible as we possibly can and let the individual employee makes his choice,
we definitely could not subsidize it.
Rev. Gibson: Why wouldn't we come up with some alternatives and then call the
people together, and say to them 'these are the alternatives.' And then, let
them vote as to which.
Mr. Grassie: What would you think about making more than one alternative avail-
able to them?
Mayor Ferre: That's exactly the point.
Mr. Grassie: But I mean, what I'm saying Commissioner is not make them choose by
majority vote one alternative but rather have two or three options..then each
individual:could choose.
Mayor Ferre: All right, we
motion to that effect?
Mr. Grassie: No, Sir.
Mayor Ferre: Thank you.
Mr._Joffrey: My name is Peter Joffrey and I sit on the Planning Board. My question
is this here, on these pay -back fellows, anybody who will be retiring say of tomorrow,
Friday, will they be covered by this?
Mr, Grassie; That is a problem Mr, Mayor, because we do have one or two individuals
who „you know, and I don't think we can allow them to retire without a pension, we
have one or two individuals who are right at that borderline right now...
Mr, Joffrey; I understand that there .are three fellows that pay -back this week,,,
or three employees that are paying the interest money back this week and now, if
this goes through, will they get their atone, back?
Mrs, Gordon: Peter, as we said before, any prepayment that is not equal to what the
persons are to receive or to get any benefits, they would Bet it back.
Mt, Joffrey: Now, may I suggest, maybe this Will help out. Why doesn't the
City pick up MA of the part that they have to pay back? not the interest part,
but 502 of the part that they have to give,.rahybody that ►.has, say, $.,7000
the 'City will pick up an extra $800, this way they ate paying sotiethitg back
to it, that might be a solution to it. 50% of the tten's time back.
teV1 Gibsont Well, if you ate going to cote up with alternatives it seers to
tne that many of these things could be put on the table arid maybe a decision
could be made on that, t'd rather see that happen.
Mayor Terre. Well, the 212 employees, as I see it, that are affected
Mr, Joffrey: excuse me, Mr. Mayor, I think we probably have a few less, these
212 was a few years ago, when I started with this, and 1,think a few have re-
tired or a few have deceased so on and so forth.
Mayor Verret Mr, Manager,
Mr. Grassie: I understand that what you would like is for us to come back with
the alternatives.
Mrs. Gordon: May t ask something? The pay -back dollars, are they estimated on
the pay scale of today paying back, or on the scale the employee was receiving
during those years that they could not be members. Could you tell me that?
Mr. Grassie: If I understand your question, it was calculated over what they
would have paid back during that period of time, and contrary to an impression
that was expressed earlier really the fact that an employee can pay with today's
dollars yesterday's obligation, is an advantage to the employee.
Mrs. Gordon: Well, I know that, but I want to know how the estimate of the dollars
was made.
Mr. Grassie: Based on what he would have paid those years.
Mrs. Gordon: Well, in that case, Peter, has the advantage of having been able to
use those dollars during those hard times and if he now does not have to pay in-
terest on it it's to that employee's advantage, that's why I asked the question of
what was it estimated on...today's dollars, what he's being paid today, or what
he was being paid then which was a fraction of what he is getting today.
Mr. Joffrey: It was made up of what they were making at that time.
Mrs. Gordon: Well, then it isn't an unfair calculation if the interest is
waived.
Mr. Joffrey: But you run into problems some of these folks might be retired not -
in five years
make that up?
Mrs. Gordon: Well, there are ways, the Manager could come up with some amorti-
zation schedule but they could pay back so much out of their pension as they
get it. I would think that would be a reasonable way to approach it, don't you
Mr, Grassie?
but they may be retiring in two years or one year. How do they
Mr. Plummer: Well, it would not be that way, it would be the opposite Rose, it
would be that they, would take less in their pension.
Mrs. Gordon: Well, that's right, it would be that much less...that they could
logically outlive the termination of the indebtedness.
Mr, Plummer: No, Rose it's a big difference: tax wise, if they take the money
and then pay it back they are going to be paying tax on it, o.k.?, after the
first year or what their investment in it was,.then it becomes taxable, so it
would have to be that they take less and then it would not be texable,.and the
remainign portion would go towards the reduction.
We. Gordon: Yes, but what I'm trying to say is if they outlive that period of
time that amount would be deducted and then their pension would automatically in-
crease to that additional sum, whatever it is,
sai
Mt, Jeffrey: Can 1 say one tote thing? Could it be said so that maybe, you
know, if a titan let's say he needs fout years or three years, maybe he data only
afford to buy back ohe year or two years of it, is that the way it is set up?
Mr. Plummer: Well, that's an alternative, I think really froth what 1 under=
stand, Mr. Grassie is going to come up with a number of alternatives of which
these Commission can approve and I'm sure Mt. Grassie would be very receptive
if you have some ideas of alternatives to give them to hit and he can either
accept them or modify theta or, you know, come up with sate ideas, l think that
is really what we ate looking for,
Mr. Joffreyt o.k.,-thank you:
25. SE SING ORINA'
OE; ALTERNATIVE PENSION Svsmt I
Mayor Ferret All tight, we have to move along. so now we take up item No. 6
on Second Reading. Commissioner Plummer moves, Father Gibson seconds
Mr. Plummer: Mr. Mayor 1 have to ask a question here, this is on second
reading, Mr. Grassie, let me ask you this question. One of the problems
that we were trying to overcome by the establishment of this..are all the
people herein named in this Ordinance receiving the additional incentive 1%
or executive pay,
Mr. Grassie: My impression is, no, not the 1% additional, they are all on the
Executive Pay Plan but that is different than getting the..this incentive that
you are talking about.
Mayor Ferret No, no, Plummer is asking...if you recall back in 1973, those of
you who were here, there was a, Mr. Grassie --a motion passed on recommendation
of Mel Reese, as I recall reading, I wasn't here, that we were having trouble
getting people to come to the City of Miami on an Executive Managerial level
and so on, now one of the things we had to offer them was 1% per year up to a
maximum of ..what vas it, 10 years?..as to incentive. Now, for Department
Heads and what have you, now that passed, and that was one of the reasons why
going back to the case of Ben Demby, Mel Reese, Paul Andrews, etc. that they
got to such high retirement figures because that 10% incentive that was intro-
duced to this Commission on recommendation by Mel Reese and passed by the Com-
mission, was in there. Now, Plummer's question is, is that included in this.
Mr. Grassie: No, that would not apply to people who are in this system, as
a matter of fact getting away from that is one of the advantages of being able
to do this.
Mr. Plummer: All right, and please I am not picking on any individuals, for
example, is the, labor relations coordinator receiving that 1%?
Mr. Grassie: O.k., then Mr. Grassie, I have to tell you that this within itself
is not what I was trying to accomplish. I will reiterate it as briefly as pos-
sible. The two Pension Funds which we have were not given IRS approval because
some people were being handled differently than others, namely, those people who
receive the additional l% a year with a maximum of 10%.' Now, if this is passed
and in fact you tell me that there are some people here who do not receive it
aren't we faced with the same thing from the IRS that all people are not being
treated fair and across the board.
Mr. Grassie: I don't believe so Commissioner because what this represents is an
option, an option which has been modified so that it must be exercised one way or
the other, Anybody who exercises this option is treated this way and anybody else
is treated according to the option that they exercise,
Mr, Plummer; Well, I'm ,just asking you know because the one thing 1 strove to do
the entire time I was there was to get both of those plans approved by IRS and 1
felt this proposal, together with,,, for your reasons, was one of the ways we could
accomplish that,
Mt-: c;tassie: 1011 wotk In that direction.
Mi-. Plummet: A1t-ight, then I'm satisfied.
Mayor Petra: Alright, call the to1.1.
AN ORDINANCE ENTITLED -
AN ORDINANCE CREATING THE RIGHTS OF INDIVIDUALS HOLDING THE
POSITION OF CITY MANAGER, CITY Ai:TORNEY, CITY CLERK, ASSISTANT
CITY MANAGER, DEPUTY CITY ATTORNEY, ASSISTANT CITY CLERK,
EXECUTIVE SECRETARY OF THE CIVII. SERVICE BOARD, EXECUTIVE
SECRETARY OF THE PLANNING AND TONING BOARD, CITY PHYSICIAN,
DIRECTOR OF A DEPARTMENT ESTABLISHED BY THE CHARTER OF THE
CITY OF MIAMI OR BY ORDINANCE AS AUTHORIZED BY SUCH CHARTER,
ASSISTANT DIRECTOR OF A DEPARTMENT; COMMUNITY AFFAIRS DIRECTOR;
ASSISTANT COMMUNITY AFFAIRS DIRECTOR; LABOR RELATIONS COORDINATOR;
ASSISTANT LABOR RELATIONS COORDINATOR, ASSISTANT TO THE CITY
MANAGER III, ASSISTANT TO THE CITY MANAGER II; WITHIN ONE YEAR
FROM HIS OR HER COMMENCEMENT OF EMPLOYMENT OR WITHIN SIX MONTHS
FROM THE EFFECTIVE DATE HEREOF, WHICHEVER IS LATER, TO REJECT
MEMBERSHIP IN THE MIAMI CITY EMPLOYEES' RETIREMENT PLAN (ORDINANCE
NO. 5624, MAY 2, 1956, AS AMENDED); FURTHER PROVIDING THAT THE CITY
SHALL CONTRIBUTE AT THE RATE OF 8% OF THE INDIVIDUAL'S ANNUAL
SALARY TO A RETIREMENT PROGRAM WITH ANY PUBLIC TRUST FUND NAMED
BY THE AFORESAID INDIVIDUALS AND APPROVED BY. THE CITY COMMISSION
IN LIEU OF THE CITY MAKING A CONTRIBUTION ON BEHALF' OF THE AFORESAID
INDIVIDUALS TO THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN;
ALSO PROVIDING THAT THE CONTRIBUTION MADE BY THE EMPLOYEE MEMBERS
OF THE RETIREMENT PROGRAM SHALL LE MADE AT A RATE OF NOT LESS THAN
5% OF THE INDIVIDUAL'S ANNUAL SALARY; PROVIDING THAT IN ORDER TO
PARTICIPATE IN THE HEREIN RETIREMENT PROGRAM, SAID INDIVIDUALS SHALL,
WITHIN SIX MONTHS FROM THE EFFECTIVE DATE HEREOF OR WITHIN ONE
YEAR FROM THE DATE OF THEIR EMPLOYMENT WITH THE CITY OF MIAMI,
SUBMIT TO THE CITY COMMISSION A WRITTEN RETIREMENT TRUST AGREEMENT
WHICH WILL PROVIDE FOR THE ACCEPTANCE BY THE INDIVIDUALS OP THE
HEREIN RETIREMENT PROGRAM IN LIEU OF MEMBERSHIP IN THE MIAMI CITY
GENERAL EMPLOYEES' RETIREMENT PLAN; ALSO PROVIDING THAT WITHIN THE
AFORESAID TIME PERIOD A SECOND RETIREMENT TRUST AGREEMENT BETWEEN
THE CITY OF MIAMI AND THE AFORESAID PUBLIC TRUST FUND SHALL BE
SUBMITTED BY THE INDIVIDUAL TO THE CITY COMMISSION FOR ITS APPROVAL
AND EXECUTION; ALSO PROVIDING THAT THE AFORESAID SECOND AGREEMENT
AUTHORIZE THE CITY TO TRANSFER THE CONTRIBUTIONS OF BOTH THE
INDIVIDUAL AND THE CITY TO THE AFORESAID PUBLIC TRUST FUND; PROVIDING
THAT AT NO TIME SHALL ANY MEMBER OF THE HEREIN RETIREMENT PROGRAM
ENJOY ACTUAL OR CONSTRUCTIVE RECEIPT OF HIS OR HER CONTRIBUTION
OR THOSE MONIES CONTRIBUTED ON HIS OR HER BEHALF BY THE CITY OF
MIAMI PRIOR TO REACHING AGE 55 OR BECOMING DISABLED; FURTHER
PROVIDING THAT UNDER NO CIRCUMSTANCES SHALL ANY OF THE ABOVE
INDIVIDUALS BE PERMITTED TO REJECT SUCH MEMBERSHIP IN EITHER
OF THE AFORESAID RETIREMENT PLANS, REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY
ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION,
Passed on its first reading by title at the meeting of January 13, 1977
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; Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr,
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre.
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 8610
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the
City Commteaton and to the public,
5 F, f l:''7
26. SECOND READING ORDINANCE! EsAtLISH RATES AT OPP=STREET
PARKING LOTS AN b PARKING GARAGES'
AN ORDINANCE ENTITLED -
AN ORDINANCE t• STAt tISHING RATES AT CERTAIN OPP STREt T
PARKING LOTS AND I;S'TAELISHING TIIE BASIC HOURLY RATES
AT MUNICIPAL PARKING GARAGES NOS, 1, 2, 3 AND 4, PROVIDING
FOR THE i;FI ECTIVE DATE 0I MARCH 1, 1917 I OR SAID RATES;
RATIFYING AND CONFIRMING Alt ACTS OP THE OPP-STREET
PARKING EOARD AND ITS blRECToR AS TO RATES HERETOPORt
CHARGED; REPEALING ALL ORDINANCES AND RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING THAT THE DIRECTOR SHALL
CAUSE CERTIPIEt COP/ES TO EE PILED PURSUANT TO SECTION
503 OF THE TRUST INDENTURE; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND CONTAINING
A SEVERAEILITY PROVISION.
Passed on its first reading by title at the meeting of January 13, 1977
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: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre.
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8611
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.
27. PERSONAL APPEARANCE �HIEF PROLI, MIAMICFIRE DEPARTMENT -
ISCUSSION OF YoW,, , PROPERTY,
Mr. Grassier Representatives Chief Proli and Chief Hickman of the Fire Department
are here to answer the question raised by Commissioner Gibson earlier. Commissioner
Gibson had asked that we get back to him quickly on the question of fire hazard
in the Y.W.C.A. Building. If you would like for us to have this special report
for the Commission with regard to the Y.W.C.A., we could do that and get that
out of the way so these people can go back to their departments.
Mayor Ferre: Fine, why don't you do that.
Mr. Grasaie: Chief, why don't you speak first. I think we can paraphrase the
question that's in front of us. Commissioner Gibson's principle concern was
whether or not the City would be increasing the fire hazard in the Y.W.C.A, if
it were to consider allowing the present cooking units to remain in that building
and also allowing them to be put in the additional 5 floors.
Chief Proli Members of the Commission, I believe most of you know me and I've
been with the bureau, I was with the bureau for four Years and now I'm Deputy
Chief. The building in question was a group H occupancy, multiple residential
and it has a dormitory facility with a common kitchen area. I believe essentially
we can agree that If the other floors continued as the present floors are, we
don't envision any particular problem with increased fire load but to be essentially
fair to all of you, it would become necessary for the new owner to submit through
the building department and Fire Department so there's a review of the Building
Department, electrical, plumbing, zoning and soforth, Be may intend to have the
remaining floors altered as the other floors .;re right now. However, if he intends
to build large classroom areas or change the design that we have no knowledge of,
then other Code provisions do come into effect so I would say essentially that i
cannot envision any problems right now if he would continue with the same concept.
However, it be important that he submit those modified plans through the Building
Department and the Fire Department,
63
4,1, Y"77
Mr. plumtner:
Chief Pron.:
didn't cbT;e
Is the full building sprinkler?
No it should not be sprinkler. The sprinkler ordinance
into effect until July of 1973
Mr Plutnmer a `Stee ► but what I'm getting at Ed. is this ,the top five floors
i ve never been occupied and Y doubt have been given a c.o., now.
based on new ordinances will they be required or should they be required
to put in sprinklers?
Mrs, Gordon: They should be required in my opinion...
Chief Proli: Well, Rose, the South Florida Building Code, of course, the building
official is going to be enforcing it. If that entire building had a permit and they
accepted the c.o. for the entire building those five floors would be covered under the
old 1971 code. Number two, when the high-rise ordinance was passed in 1973 it stated
the County Commission., in all the records, it shall not be retroactive. Not retroactive
so I believe again we'll have to look at the set of plans, number one. Number two, find
out if those five floors were approved when the building received the certificate of
occupancy._ If it did it'll have to provide with the code provisions of the 1971 or 72
South Florida Building Code.
Mrs. Gordon: Chief, we sit in a rather unique position, because they are coming to us
and asking us to give them an extension of what was then a variance. If we indeed feel
that sprinkler systems should be installed we could logically make that regardless of
what was in the code in 1971. Logically, make a provision that should be met. I'm
going to tell you how I feel about it. I wart to tell you that I don't think there
should be a single building without some kind of fire protection system in it. I want
to tell you of a little experience. I'll take two minutes to summarize it. In my
recent trip to New York and in the middle of the night at 3:00 a.m. there was a fire
alarm signal and we were on the 7th floor only, we couldn't use the elevators. We had
to walk down those seven(7) flights of stairs. Now, and of course, we smelt the smoke
so we knew it wasn't just a fire drill. What if we were on the'15th floor, you know,?
Chief Proli: This particular building has a stand pipe system in it and it does have a
fire alarm system. However, it does not have a sprinkler system.
Mrs. Gordon Well, that's what I'm speaking to.
Chief Proli; This. should be reviewed by the building official again, and of course,
the view of the Commission should be heard as well. If you require that the top five
floors, wherever the five floors are be required to be sprinklered. You can't require
the sprinkling of the remainer of the building.
Mr. Plummer; My question would .
Chief Proli.; Oh, the Fire Department, of course, always support the concept of automatic
sprinkler systems.
Mr. Plummer: My question has to be how could anybody get a c.o. of unfinished floors?
Chief proli; The building official, and of course, Mr. Ferencik was the building
official at that time, there are many buildings that have c,o,'d out completely, the
entire building, Most of the floors are completed with a few exceptions, one or two
floors, As that tenant space is rented;it may be a law office, then they start putting
up the necessary partitions and building the inside, which is it is not in other words,
the main structural part of the building is incomplete, 1 understand what you're trying
to tell me, Why would you c,o, out the... I don't say to you that this building hoe
been, We could not find any record of a final c,o. on that building for those five floors
et this time,
, Plummer; I'm not speaking to this particular building. It just seems ludicrous
to me that you would give c,o,'s on a portion of a building which has not been even
IA"v
•
really, other thah the four wails.
Chief Profit The C.O. is on the total building but as each floor is developed then
a dertificate of use has to bece to approweda
Mayor Perre: tt►s dohe all the time, till give you a classic example, which it more
impressive that this, the iah American Hospital, where the whole bottom floor Was a
hospital and the whole top floor was just a
Mr. Plummer: Well, Maurice I have no objection giving the c.o. on that portion which
is dohe and finished, but to give a c.o. on the portion which is hot then it delutes
the authority of a c.o. in my estimation.
Mr. Proli: There has been a little bit conflict between the builder and the Fire
Department on that particular point:
Father Gibson: Let me ask this question? The reason I raised it was that you're
going to be dealing with a little different kind of occupancy. I'M wonderingif each
apartment or whatever they call it will be entitled to a kitchenette. That's an al-
together different story and so that's why I raised the question.
Mr. Proli: I understand exactly what you're saying to me. Is the occupancy going to
change? It was a domitory facility, does he intend to continue as a domitory....
Father Gibson: night!
Mr. Proli: Zoning , ... this variance or this covenant that was agreed to allow this
common kitchen. Shall we allow it again with a different type of occupancy taking place?
That's what we have to address ourselves to.
Father Gibson: I don't even mind the same kind of kitchen, common kitchen, I'm concern-
ed about if you are going to have other than a common kitchen, you follow me? That's
an altogether different different story.
Chief Proli: Apparently, at that time zoning permitted the common kitchen, perhaps
now they would not and they'd have to be individual kitchens for each unit. That's why
Mr. Commissioner I said that conceptually if they followed the same...
Mr. Plummer: Let me try to wrap this up by telling this matter is coming before the
Commission on the loth of February. I think what this Commission is saying to you,
look at it damn good before you say okay.
Chief Proli: I appreciate that and I would hope .. I'm sure the building official, I
would hope the owner provides plans or explains to the building officials what he intends
to use this building for and how we would hope to alter these particular floors because
every word he says to us is important because we apply the appropriate code provision.
If he determines he's going to have a hotel there it's going to change the whole ball-
game. If he says it's going to be a school, provisions change drastically, they become
very restrictive.
Father Gibson: Chief, let me use another word, proliferation of kitchens. Let me use
that. See if you're going to have fifteen more kitchens. Let's assume we add one
kitchen on each floor. I don't have any problem with that. But if you're going to
have five kitchens on each floor I have a lot of problems with that.
Chief Proli: The degree of threat becomes greater . The more cooking facilitiesyou
have.
Father Gibson; Right, that's just the point I'm making.
Chief Pr44: Well, if we receive the support of the commission in terms of looking
at it closely applying the most recent building provision codes to that group for each
occupancy I would be very happy to instruct our plans examiner and of course, the
building official again has a responsibility for grouping the occupancy, whether it's
a school or multiple use for residential property and I'm sure we've worked closely
together on it, but it's going to be the owners responsible to provide information to
us so we can properly understand what provisions apply,
Mrs, Gordon; Chief, is it
the sprinkler system to an
Chief PrOli; I'd like not
the plans in front of me.
a very expensive and prohibited cost wide deal to put
existing structure:
to say that, It's difficult for me to say, I don't have
would say probably not. They have 4 stand pike system in
the building right now and there is now a combination spinkler stand pike
ptoVisi.on of the hatiehal code where they can tap into the stand pike Systeit and
ruh the me _ with light weight lines and sprinkler heads. I would say would hest
be that excpehsive. The hydrolytic portion would be a little bit difficult. t would
say that it's teasonable to expect this corsiiission to ask for sprinklers but the
engiheering would be up to then, the cost analysis...
Mrs: Oordbh: I would personally wish that we, Mr. Grassie, would Make our request
based oh total safety for our own sake. You know, because we have to be ready to
standby in any diaster Because of the number of young people who are going to be
permanehtly reaiding in that structure for so many months out of the year and 1 would
ih your list of items .. 1 know we can require because of the cove' ih . 'If We remove
theCovenant and ask them for a new covenant to run with their occupahcy We ca.l require
that they do specific things.
Chief Proli: You may Commissioner Gordon. You probably could do it that Way.
However, through the South Florida Building Code you might not be able to. So, 1 think
that your avenue is the fact that you've enter into this agreement before and now you're
to allow this covenant and you would require certain things.
Mrs. Gordon: Yea, going to allow a transfer of a covenant to another party and we can
include new provisions very easily.
Chief Proli: But not that he would be required under the South Florida Building Code
to do it, because ...
Mrs. Gordon: No, we're not asking... we have a club in that zoning. We can require
it. Am 1 wrong Charlie, you're shaking your head? I'm not wrong on that? Were you
addressing yourself to my comment? Oh, you're just going like that... ok. What I
said was that if this Commission feels that certain improvements should be incorporated
into that building, even though the South Florida Building Code did not require it in
1971, if we feel that it's for the benefit of the health, safety, and Welfare of the
occupants of that building we can tie that requirement into the new covenant that would
have to be placed. on that property to this ownership.
Chief Proli: I'm not an attorney, but I'm the sure the Commission would be in power to.
do that and I think that as these plans are reviewed through the building, official and
the Fire Department we would ask for tenants separation and proper rating of doors and
d000r closures and if did elect , this Commission agree that we should tend to have them
provide automatic sprinkler protection on those other floors the Fire Department would"
be sure to review the plans with them in that regard. However, the new owner...
Mrs. Gordon: Another question that's of interest to me and that is whether or not the
new bathroom set will go in the next top floor. Would they have to fulfil or could we
require them to put them in to serve the handicap. Because that's what the code is now
on ... you know. Isn't it true in public building?
Mr. Grassie: My impression Commissioner is that all of the bath fixtures are in.
Mrs. Gordon: Upstairs on the top five floors?
Mr. Grassie: Yes, that's what the new owners indicated to us yesterday.
Mrs. Gordon: Or just the piking?
Mr. Grassie: No, no. The tubs ... all of the china as they call it is in.
Mrs. Gordon: If that's the case then all the partitions must be in too, I would assume.
Mr. Grassie; NO, This is really an information; item, simply to respond to Commissioner
Gibson's question Mr. Mayor,
Mayor Ferre; Is there an further discussion to come upon this item, if not, we're
go to the next item,
28 EMERGENCY ORDINANCE!
MAKE APPROPRIATIONS CP FEDERAL REVENUE SHAMING FUNDS -
FISCAL YEAR ENDING SEPT' , 1977 AND AMENDING SAME
TO INCLUDE FUNDS OP $271)9861
Mt. Howard Gary! Commissioners, Mayor, items 8,9, & 10, as well as item #11, is
necessary to achieve the city Manager's modification in /6=77 budget estimate,
these Modifications are requited to provide Ait salary raises for a tiployee§ to
coVer revenue short falls and provide for additional miscellaneous programs namely,
police training programs, additional funds for a special program and accounts. The
first itet on your agenda is $271,986.00. This relates to revenue sharing funds
that was reserved for the police department in 1975 46 for fire equipment. During
the 4t% budget reduction process the fire department determined that a portion of
their of their reduction which is $2710e600 will be made from the unallocated
balance in the federal revenue sharing reserve account of fire equipment and that
Said fire equipment Will be purchased from the bond funds that are available to them.
Mrs. Gordon I move 8.
Mr. Grassie: If I could, just to make sure Commissioner, 1 Was waiting really until
Commissioner Plummer got back because I think he has an interest in this question.
I want you to be aware that this particular budget modification includes the question
of the school resource officer program, ok. And, We have it budgeted here the assutnp-
tion is that we are on a 50/50 basis for the school board and that we are negotiable
next year. I want to make that just so we all understand the same thing, because I
did receive a lot of discussion during your budget session.
Mr. Plummer: And, speaking for the louded mouth in opposition I Understand fully
what you're saying and I concur.
Father Gibson: Ca11 the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8578
PASSED AND ADOPTED OCTOBER 7, 1976 WHICH MADE APPROPRIATIONS OF
FEDERAL REVENUE SHARING FUNDS FOR THE FISCAL YEAR ENDING SEPT-
EMBER 30, 1977, TO INCLUDE FUNDS IN THE AMOUNT OF $271,986 AS
GENERAL FUND CONTRIBUTIONS," PROVIDINGTHAT IF ANY SECTION, CLAUSE,
OR SUBSECTION SHALL BE DECLARED UNCONDITIONAL, IT SHALL NOT
AFFECT THE REMAINING PROVISIONS, REPEALING ALL ORDINANCES,` OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH.
Was introduced by Commissioner Gordon and seconded by Commissioner Gibson,
for adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the following
vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
ViceMayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Gordon and
seconded by Commissioner Gibson, adopted said ordinance by the following
vote -
AYES;
Commissioner Manolo Reboso
Commissioner J.;L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Fevre NOES; None,
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 8612,
LMERGENCY ORDINANCE; MAKING cERtAtN MootFtCAS-toNS TO
iVENUtS AND APPROPR t AT t ONS i
Mayor Ferret Maned by P1utMer. Seconded by Gibson, PUrthei discussion, Cali the tali,
,N ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORD. #8589, AS AMENDED, ADOPTED
NOVEMBER 11, 1976, BY AMENDING SECTIONS 1,2, 3 AND 4 THEREOF;
PROVIDING ,FOR THE INCREASE OF CERTAIN EXPENDITURES AND REVENUES
WITH THE FOLLOWING RESULTS: INCREASING THE TOTAL GENERAL OPER.=
ATING BUDGET TO '$106,464,691; REDUCIUG THE APPROPRIATION FOR THE
TOTAL tNTRAGOVERNMENTAL SERVICE FUNDS TO $5,894,838DECREASING
THE TOTAL INCINERATOR BOND FUND TO $231,475; APPROPRIATING $852,816
FOR THE SPECIAL OBLIGATION CAPITAL IMPROVEMENT BOND FUND DEBT
SERVICE AND INCIDENTAL COST; THEREBY INCREASING THE TOTAL GENERAL
FUND REVENUES TO-$74,341,968; AND DECREASING THE TOTAL PUBLIC
FACILITIES FUND REVENUES TO-$3,532,093; DECREASINGTHEINCINERATOR
REVENUES TO $231,475; BY ESTABLISHING REVENUES OF $852,816 ?OR
FLORIDA POWER AND LIGHT FRANCHISE PAYMENT REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND CONTAINING A SEVER-
ABILITY PROVISION,
Was introduced by Commissioner Plummer and seconded by Commissioner Gibson,
for adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the following
vote-
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose cordon
ViceMayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Gibson, adopted said ordinance by the following
vote-
AYES:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissionner Rose Gordon
Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8613.
•
ALLOATING $ .,90.,8 OP CAPITAL IMPRVMNTS UNALLOCATED FUNb
TO THE GENERAL FUND
Mr, Howard Cary: Number 10, ailceates $1,001,562,00 that Was reserved during the
fiscal year of 1075-1076 to fund the artieipateci deficit in 1075.-76 budget,
Mt. Plummet What was it designated for in the 75-767
Mr. Howard Gary: It was designated to cover i9751976 anticipated deficit in the
197506 budget.
Mt. Plummer: Which did not occur?
Mr. HOWard Gary: Which did not occur, Those funds Were not utilized.
Mr. Plummer: That's nice to hear. I`11 move it.
Mayor Ferret Moved by Plummer. Seconded by Gibson. Further discussion, Call the roll.
The following resolution Was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO 77-71
A RESOLUTION ALLOCATING $1,091,582 OF CAPITAL IMPROVEMENTS
UNALLOCATED FUNDS TO THE GENERAL 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 Manolo Reboso
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
ViceMayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre NOES: None.
31, AUTHORIZING TRANSFER OF $3,257,316 TO PAY OUTSTANDING PRINCIPAL
AND INTEREST ON THE SPECIAL OBLIGATION CAPITAL IMPROVEMENT BOND
SERIES A TO E AND ORANGE BOWL SPECIAL OBLIGATIONS OF THE CITY.
Mr. Howard Gary: Item #11, authorizes the City Manager or at least the Finance
Director to remove $3,257,316.00 from the Capital Improvement Fund and put it in
a special Reserve Account for a Special Obligation CapitalImprovementBond Series
A to E of that $3,257,.. in the motion that you passed on item #10, $852,000 of that
is being allocated for use for this fiscal year.
Mayor Ferre: All right, is there further questions?
Mr. Plummer: Move it.
Mayor Ferre: Seconded by Reboso. Further discussion. Ca11 the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 77-72
A RESOLUTION AUTHORIZING THE TRANSFER OF $3,257,316 FROM TF;E
CAPITAL IMPROVEMENT FUND UNALLOCATED TO A RESERVE ACCOUNT IN
TIE DEBT SERVICE FUND IN ORDER TO PROVIDE SUFFICIENT FUNDS
TO PAY THE OUTSTANDING PRINCIPAL, AND INTEREST ON THE SPECIAL
OBLIGATION CAPITAL IMPROVEMENT BOND SERIES A TO g AND THE
ORANGE BOWI• SPECIAL OBLIGATIONS OP TKE CITY.
(Here follows body of resolution, omitted here and on 'file
in the Office of the City C1er),)
Upon being seconded by Commissioner Reboso, the reeolutien w
,Passed and adopted by the following votes
69
AYRS i Cort aissioher Maholo Reboso
CoMitiSAiddier Ro?;e Gordon
COMMIStio;er d. L. Plummer., Jr.
ViCeAMayor (Rev,) Theodore Gibson
Mayor Maurice A. Terre NOES: None.
32, AUTHORIZING CITY MANAGtR AND CITY CLERK To ENTER INT° AGREMLNT FOR
PURE OF REAL ESTATE,
Mayor Terre: (Reads prepared resolutiona
Mrs. Gordon: What property are we talking about?
Mr, Plummer: Rose, this is my fault. I asked this to be deferred so 1 could
get with the City Attorney and 1 didn't do it. It's nothing, it's a form that they
want to use from now and in the future and the form is laid out and it was my...
Me.yor Ferret It'll will be indexed .
Mr. Plummer: Mr. Knox you feel, that this is necessary, that it is proper?
Mr. Knox: Yes sir. It's made necessary by virtue of federal regulations and of
course, if we use participating federal programs in as they say we must answer their
music in this procedure with conform the federal regulation. We have to do it any-
time we utilize federal monies.
Mr. Plummer: Ok. I'm not going to read about it in the paper being a scandal like
I am about another form of government around here and condemnation suits and things
of that nature.
Mr. Knox: I don't think so.
Mr. Plummer: I don't buy that now, You think hell, you know or you don't know,...
ok. On the advice the City Attorney feels thw. this form is necessary. It is good
for the city and we have to do it in federalapplications anyhow, I'll move the item
12.
Mrs. Gordon: All right, I want this question answered. Is this just approving
a form or, a procedure to proceed to enter into negotiations on varies contracts with
$100.00 deposit as delineated? If this is a approval of form only, you know, I think
it's a good form. Or are you saying you're going to go ahead and make $100.00 deposits
here and there on whatever. If you are going to do that then I don't agree because I
think we need to be furnished with apprasials of what you're entering and putting the
deposits on. What was your intent?
Mr. Grassie: This is a process Commissioner and it was devised by the City Attorney's
Office. I persume that his intention was to establish for the city a proper well
documented procedure which we forward in all of these cases. Well, it's more than just
a form in the sense of a piece of paper. It is a process that is intended here. Now,
anytime that we go to condemnation we do not do it without prior authorization of the
City Commission. We obviously have to have a resolution from the City Commission which
establishes specific legal description for the property in question to be condemned.
So, that we can't just fire off and drop hundred dollar bills on people and put them
in condemnation procedure. We have to come to this body first. I understand what the
City Attorney is proposing. It's simply a process.
Mrs. Gordon; All right, go ahead.
Mayor Ferre; Ok. We have a motion by Plummer. Seconded by Father Gibson. Further
discussion on item #12. Call the roll.
1
The following resolution Was introduoed by CoTh issioher Plummet, whc
Moved its ado itioh
REs tUTtON NO* 77=73
A REROtUTt0N AUTHORI2t10 Tilt CITY MANAGER AND THE CITY CUM(
TO ENTER INTO AGRGEMENTS TO P RCHAsE REAL EETAfiE ON T1
FORM CONTRACT ATTACHED EERET0 AND MADE A PART HttltOt FOR A
PRICE NOT To EXCEED TEE A PPAtSEb VALUt oP THt RROPtikTY TO
EE ACQUIRED, PLUS A EONUs OE 1O% oN THE PtRsT $1000Oo,O0,
5% AND 3% ON ANy AMOUNT BETWEEN $5Oo,OOO.O0 AND $l,OOo,OOo.00.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerks)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following Vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner J. t,. PluMMer, Jr.
ViceMayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre NOES: None,
33AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEA.AING TO ACCEPT
COMPLEIED CONSTRUCTION OF NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT
SR-5383 C (CENTERLINE SEWER), AND SR-5383 S (SIDELINE SEWER),
Mayor Ferre: (Read prepared resolution into the record) No discussion...
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 77-74
A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE
OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE
CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF NORTH BAY -
SHORE DRIVE SANITARY SEWER IMPROVEMENT SR-5383 C (CENTERLINE
SEWER) AND SR-5383 S (SIDELINE SEWER) IN NORTH BAYSHORE
DRIVE SANITARY SEWER IMPROVEMENT DISTRICT SR-5383 C (CENTER-
LINE SEWER) AND SR-5383 S (SIDELINE SEWER).
(Here followsbody 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 Manolo Reboso
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
ViceMayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre NOES: None.
3
e SEL CT t oN OF NEWgPAPERs To PIJi3L I SH NOT t CE OF SALE of CLRT 1 F 1 cAiLS t sSUL
t3Y THE CIiI OP MIAMI FOP DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT T LIENS,
Mr, t ummert I Would like to recommend the Miami RevieW, WhiCh is the
legal paper .i.n that great afi.erhooh ... known as the Miami Daily Newt,
at the two papers in which this will appear.
Mayor Ferie: Moved by Plummer as amended. Seconded by Gibson.
What about the Spanish Press, and I think you have to inoluce tl'is
Slack Press too.
Mr. Plummer; I'm sorry, It was not intention to overlook those
two, the Diario Las Americas, and Times and Liberty News.
Mayor Ferree All right, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION: NO. 77-75
A RESOLUTION SELECTING NEWSPAPERS TN W1iICH
THE NOTICE OF SALE OF CERTIFICATES ISSUED
BY THE CITY OF MIAMI FOR DELINQUENT SPECIAL
IMPROVEMENT ASSESSMENT LIENS SHALL BE PUBLISHED.
(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: CommissionerManolo Reboso
Commissioner J.L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre NOES: None.
35, ENDORSING RECENT ADOPTION OF AIR CARGO MARKETING PROGRAM FOR
MIAMI INTERNATIONAL AIRPORT
The following resolution was introduced by Commissioner Gordon,
who moved its adoption;
RESOLUTION NO. 77-76
A RESOLUTION ENDORSING THE RECENT ADOPTION
OF THE AIR CARGO MARKETING PROGRAM FOR
MIAMI INTERNATIONAL AIRPORT BY THE DADE
COUNTY BOARD OF COUNTY .OMMISSIONERS AS AN
EXTREMELY PROGRESSIVE STEP IN REGIONAL
GOVERNMENTAL DEVELOPMENT; AND FURTHER COM-
MENDING THE DADE COUNTY BOARD OF COUNTY
COMMISSIONERS FOR ITS EFFORTS IN IMPLEMENT-
ING THE AFORESAID PROGRAM WHICH WILL BECOME
ONE OF OUR COMMUNITY'S :MAJOR ECONOMIC GEN-
ERATORS AND WILL HELP .I •1PROVE MIAMI INTER-
NATIONAL AIRPORT'S POSITION AS A MAJOR AIR
CARGO GATEWAY.
(Pere follows body of resolution, omitted here and
on file in the Office of the City Clerk.
Upon being Seconc ed by Commissioner Plummer, the re8Q1utjob was
7
passed and adopted by the fallowing voee-
AY'B8 : Commissio ter Mano1e Rebosi
Gammisaianer J. L. Plummer. Jr.
Commissioner Rose Gordan
Vies -Mayor (Rev.) Thsedere R. Gibson
Mayor Maurie A. Parrs NOES: None.
, AUTHORIZING DIRECTOR OF PUBLIC WORKS TO ROE TO 5Z THE R 'rA!NAGE
FOR BICENTENNIAL PARK - PHASE 11 - 1975,
Mr. Plummer I'd like to know the reason why in this particular case.
We usually don't► we hold_10% until they're finally completed now in
this partculry case we deviating and I'd like to know why.
Mr. Grimm: We authori2ed to the contractor considerably amount of work
that was above and beyond his original contract. Number one, the Sen-
sory Garden and number two, the Von Slago sculpture to be installed.
Now, the Von Slago sculpture isn't even due in here until March so we
felt it was unfair_ to hold back this amount of money on the contract
because of that.
Mr. Plummer: Pine, I move it.
Mayor Ferret All right, there is a motion and _ a second. Is there
further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 77-77
A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO REDUCE THE 10% RETAINAGE TO 5% FOR THE
BICENTENNIAL PARK - PHASE II - 1975 (COMBINED
PROJECTS NO. 3 & 4 - UTILITES, SITE DEVELOPMENT,
LANDSCAPING & IRRIGATION) - 2ND BIDDING BEFOIE
THE COMPLETION AND FINAL ACCEPTANCE OF THE PROJECT
BY THE CITY COMMISSION, AFTER FIRST CONSULTING WITH
THE CONSULTANT AND THE DEPARTMENT OF PARKS- &
RECREATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson,
passed and adopted by the -following :vote
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.`
Commissioner Rose Gordon
Vice -Mayo (Rev.)Theodore R. Gibson
Mayor Maurice A. Ferre
the resolution was.
NOES: None.
klAti 4 71917
3/b CLAIM SETTLEMENT: SARAH ANDRAIDEi
The following resolution was introduced by Commissioner cibgon,
who mewed it§ adoption;
RESoLuTIoN No. 77-78
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO SARAH A. ANDRADE. WITHOUT
THE ADMISSION OF LIABILITY; THE SUM OF
$ 7,000.00 , IN FULL AND COMPLETE SETTLEMENT
O' HER CLAIM AGAINST THE CITY OP MIAMI POR
PERSONAL INJURIES SUFFERED ON JULY 27► 1973,
WHEN SHE FELL ON AN ALLEGEDLY DEFECTIVE
PUBLIC SIDEWALK ON 44 EAST FLAGLER STREET,
MIAMI, FLORIDA, UPON THE EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI FROM
ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Cleiic . )
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote -
AYES' Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore-R. Gibson
MayorRose Gordon
38. AUTHORIZING CITY MANAGER TO
SUBMIT GRANT APPLICATION —
NOES: None.
BUREAU OF CRIMINAL JUSTICE PLANNING &
ASSISTANCE L, I D, R, E$ PROJECT.
Mr. Plummer: Mr. Mayor, let me bring to your attention and to the
City Attorney and to Mr. Grassie. I attended last Friday. the meeting
of the Florida League. Mr. Knox, I attended the meeting last Friday
in Tampa of the Florida League. One of the discussions that surrounded
there was sovereign immunity to municipalities. There are pending a
couple of cases in which I think the City of Miami could be greatly affect-
ed on this sovereing immunity issue and I would like both of you gentlemen
to follow through and even maybe possible, the City ofMiamiintervening
in those cases because it will tremendously affect us. If the sovereign
immunity is upheld we could only be sued for a maximum of $50,000.00 and
then it would go to the legislature to pay the rest of it and I think that
this thing is so important Mr. Knox, that you should contact Mr. Ray
and get information for both you and the Manager as it relates
to this sovereign immunity issue which is now being argued before the
courts. In such cases as this here it doesn't come under it. But it
is another one of those cases where the city is being sued. And, I
personally would like to see you follow this thing through and join in
a state-wide effort rather than us having to do it later on, on an ind-
ividual effort, By the way. I asked that, is it Mr. Stewart, who is in
charge of our self-insurance program;'
Grassier Yes sir,
Mr. Plummer; That he bc placed on that committee, since It was felt
that he was directly invoivcri, that he be put on that conri .ttee, so that
the city could he kept informed through his being a member of the committee.
lie
Mt Grassies 6d0d. I think they've as:tied fie about tits
Ut `d be willing to do it.
Mr Plummer: Ok. l requested that of the pre§
Mayor Perre: (Read prerared resolution into the reebrd).
Mr. Plummer: Move it.
Mayor Ferro: All right, moved by Plumme Seconded by Oisson. Purther
discussion, Call the roll.
The fellowing resclution was introdeued by Commissioner Plummer,
who moved its adoption
RESOLUTION NO. 77=79
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO SUBMIT A GRANT APPLICATION To THE BUREAU
OFF CRIMINAL JUSTICE PLANNING & ASSISTANCE,
DIVISION OF STATE PLANNING, DEPARTMENT OP
ADMINISTRATION, STATE OF FLORIDA, FOR FUNDIt
OF THE LEGAL INFORMATION, DEFINITION, RETRIEVAL,
AND EVALUATION'(L.I.D.R.E.) PROJECT; PROVIDING
FOR AN APPROPRIATION OF $3,750 AS THE CITY'S
CASH MATCHING FUND FROM THE SPECIAL PROGRAMS AND
ACCOUNTS OF THE 1976-77 FISCAL YEAR BUDGET; AND
FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT
THE GRANT AND EXECUTE THE NECESSARY AGREEMENTS
TO IMPLEMENT THE PROGRAM UPON RECEIPT OF THE GRANT.
(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 Manolo Reboso
Commissioner J.L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore
Mayor Maurice A. Ferre
391 AUTHORIZING CITY MANAGER TO
EXECUTE AGREEMENT "
ME 1 ROPOL 1 TAN DADE COUNTY PLANNING
CONSORTIUM - "MIAMt CAREER DEVELOP*'
MENT PROGRAMi"
Mayor Porte (Read prepared resolution into the record)
Mt. Plummer To keep the record consi :.tent Mr,Manager, you feel that
the city is beneficial doing it this way rather than trying to do it of
our OWn2
Mr, Grassie: Everything considered, yes.
Mr. Plummer: Ok. z`11 move it.
The following resolution was introduced by Commissioner Plummet, who
moved its adoption
RESOLUTION NO. 77-80
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH METROPOLITAN DADE
COUNTY THROUGH THE MANPOWER PLANNING CONSORTIUM
OF DADE AND MONROE COUNTIES TO IMPLEMENT A MIAMI
CAREER DEVELOPMENT PROGRAM DURING FISCAL YEAR
1977.
(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 Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
40, AUTHORIZING CITY MANAGER TO
ACCEPT GRANT AWARD -
HEW- FOR RECREATIONAL SKILLS AND
ACTIVITIES FOR THE MENTALLY
RETARDED,
The following resolution was introduced by Commissioner Gordon,
who moved its adoption:
RESOLUTION NO. 77-81
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ACCEPT A GRANT AWARD FROM THE U. S.
DEPARTMENT OF HEALTH, EDUCATION AND WELFARE
FOR RECREATIONAL SKILLS AND ACTIVITIES FOR
MENTALLY RETARDED AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NECESSARY
CONTRACT (S) AND/OR AGREEMENT (S) TO IMPLEMENT
THE PROGRAM.
(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 fol1owi^.g vote
,AYES-. CoMm .ss .oncr Manolo Reboso
CommisS .Qner J. L. Plummer, Jr„
deiffiMiasiOhot st O fdtn
VideaMay6r (iteVs) Tht0d6to Rs dibsoh
Meyer Maurice AI Name
411 AUTHORIZE CITE MANAGER TO
ACCEPT GRANT AWARD
MOSS: Nonet
NEW a STAPP TRAINING FOR ADAPTS RECREATION
(,ItA,R.)
The following resolution was introduced by G'ommieaioier Plummer,
who moved its adopt bnt
RESOLUTION NO. 77-82
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ACCEPT A GRANT AWARD FROM THE U. S.
DEPARTMENT OF HEALTH, EDUCATION AND WEL?ARE
FOR STAPF TRAINING FOR ADAPTED RECREATION
(STAR) AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY CONTRACT (S)
AND/OR AGREEMENT (S) TO IMPLEMENT THE PROGRAM.
(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 Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
42, AUTHORIZE CITY MANAGER TO
ACCEPT GRANT AWARD SPECIAL ARTS FESTIVAL,
NOES: None.
FROM THE KENNEDY FOUNDATION FOR VERY
The following resolution was introduced by Commissioner Gordon,
who moved its adoption:
RESOLUTION NO. 77--83
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ACCEPT A GRANT AWARD FROM THE KENNEDY
FOUNDATION FOR A VERY SPECIAL ARTS FESTIVAL
AND FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY CONTRACT (S) AND/OR
AGREEMENT (S) TO IMPLEMENT THE PROGRAM.
(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 Manolo Reboso
Commissioner J. L. Plummer, Jr,
Commissioner Rose Gordon
Vice -Mayor (Rev,) Theodore R. Gibson
Mayor Maurice A. Ferre NOES: Ikane,
77
JAIL 2 4 1917
AUTHORIZE CITY MANAGER TO
ACCEPT GRANT AWARD
FROM FINE ARIS.000NCIL FLORIDA FOR
ARIIS$S--IN-RESIDENCE PROGRAM.
Mayor Perrot (Read prepared resolution) . Would you ekplaio that a
little bit ,Mr. Manager?
Mr, Grassier In this case it's the Artist -In -Residence Alterrtative
tdueation Dance Program and the runcli ng is dotting basically ft m the
state with a local requirement of 25%. ($3,730 from us and $11,250
from the state.) Most of the funds about $10,500 will be used to pay
the salaries of two artists.
Mayor Ferret All right, Commissioner Gibson moves. Reboso seconds.
Further di 5:cussion. Call the roll.
The following resolution was introduced by Commissioner Gibson,
who moved its adopt io' :
RESOLUTION i\O. 77-84
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ACCEPT A GRANT AWARD FROM THE FINE ARTS
COUNCIL OF FLORIDA FOR ARTIST -IN -RESIDENCE
PROGRAM AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY CONTRACT (S)
AND/OR AGREEMENT (S) TO IMPLEMENT THE PROGRAM.
(Here follows body of resolution. omitted here and
on fife in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vets
AYES: Commissioner Manolo Reboso
Commissioner J.L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
44, AUTHORIZE CITY MANAGER TO NEfROPOLI IAN DADE COUNTY THROUGH THE
ENTER INTO AN AGREEMENT:
f NPOWERJDtANN1NG CONSQRTIUI -
L ITY' S HIRD eG C I�REENS PROGRAM"
The following resolution was introduced by Commissioner Gibson,
moved its adoption:
RESOLUTION NO. 77-85
A RESOLUTION AUTHORIZING THE CITY MANAGER
OF THE CITY OF MIAMI TO ENTER INTO AN
AGREEMENT WITH METROPOLITAN DADE COUNTY
THROUGH THE MANPOWER PLANNING CONSORTIUM
OF DADE AND MONROE COUNTIES, FOR
IMPLEMENTATION OF THE CITY'S THIRD CENTURY
GREENS PROGRAM, AMENDING THE AGREEMENT
APPROVED BY CITY OF MIAMI RESOLUTION NO,
76-148 5Y EXTENDING THE TTI;E OF PERFORM-
ANCE OF THE CURRENT CONTRACT TO FEBRUARY
28, 1977,
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
1
Upon, bei ..q §deobded by CoMMissitt er c ibsor , the eseitution was
passed and adopted by the following voteM
A'ttS t iommissi't` ndr Manolo Reb666
COMMissi 6?er J. L. Plummdr. J `.
COMMitPlBrier Ross Jordon
"Vice-nayor (:rev.) Theodore AS Oiba n
Mayor Maurice A. Perre NO 5: None.
45, AMLS of RIDES PERMIT
N 1 A, A C 1 P (AT SHELL CITY PARKING LOT)
The following resolution was introduced by Commissioner Gibson.
who moved its adoption:
RESOLUTION NO. 77-86
A RESOLUTION AUTHORIZING THE ISSUANCE OP A
PERMIT TO THE N.A.A.C.P. FOR AMUSEMENT RIDES
IN CONNECTION WITH ITS CARNIVAL TO BE HELD
AT 5800 N.W. 6 COURT, SHELL CITY PARKING LOT,
ON MARCH 2, THRU 6, 1977; SUBJECT TO CERTAIN
TERMS AND CONDITIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon
Upon being seconded by Commissioner Plummer. the motion was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre NOES: None.
46, ` AMUSEMENT RIDES PERMIT GESU CHURCH
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 77-87.
A RESOLUTION AUTHORIZING THE ISSUANCE
OF A PERMIT TO THE GESU CHURCH FOR
AMUSEMENT RIDES IN CONNECTION WITH ITS
CARNIVAL TO BE HELD AT 118 N.E. 2 STREET
ON MARCH 19 AND 20, 1977; SUBJECT TO
CERTAIN TERMS AND CONDITIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer,
passed and adopted by the following vote-
AYES, Commissioner Manolo Reboso
Commissioner J, L. Plummer, Jr,
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
,Mayor Maurice A, Ferre
the resolution was
AMUSEMENT RIDES PERMIT TROPICANA LIONS CLUB
The following resolution was introduced by Cocnniissiotler Reboso,
who moved its adoption
RESOLUTION NO. 77-88
A RESOLUTION AUTHORIZING THE ISSUANCE OP
A PERMIT TO TROPICANA LIONS CLUB POR
AMUSEMENT RIDES Its CONNECTION WITH ITS
CARNIVAL TO BE EHDL AT MXAMI STADIUM,
2300 N.W. 10 AVENUE ON PEBRUARY 10 TI-1RU
13, 1977: SUBJECT TO CERTAIN TERMS AND
CONDITIONS.
(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 followinc vote-
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer,
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferro
NOES: None,
AMUSEMENT RIDES PERMIT- JAMES E, SCOTT COMMUNITY ASSOCIATION
The following resolution was introduced by Commissioner Gibson,
who moved its adoption:
RESOLUTION NO. 77-89
A RESOLUTION AUTHORIZING THE ISSUANCE OF
A PERMIT TO JAMES E. SCOTT COMMUNITY
ASSOCIATION FOR AMUSEMENT RIDES IN CONN-
ECTION WITH ITS CARNIVAL TO BE HELD AT THE
GRANDWAY STORE AT 1100 N.W. 54TH STREET ON
APRIL 7 THRU 10,'`1977: SUBJECT TO CERTAIN
TERMS AND CONDITIONS.
(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 Manolo Reboso
Commissioner J. L, Plummer, Jr.
Commissioner Rose Gordon
Vice --Mayor (Rev,) Theodore R. Gibson
Mayor Maurice A. .Terre NOES: None,
AN fl
LLY i
MObEL CITIES C NtUNITY DEVELOPMENT STREET IMPROVEMENTS
PHAse II) Bib "C",
The following resolution was iftrduded by Comm ssi ner Gibson,
who moved its sdoptioh!
RESOLUTION NO. 77-90
A RESOLUTION ACCEPT/NO THE Bib OF EVERGLADES
Sot) LANDSCAPING, INC. IN THE AMOUNT Off'
$28,155 POA MODEL CITIES COMMUNITY t EVELOP-
MENT STREET IMPROVEMENTS - PHASE I I , HID
"C"; ALLoCATING THE AMOUNT OP $20,201.25 PROM
THE ACCOUNT ENTITLED "aiGt-WA ' IMPROVEMENT
BOND FUNDS" AND USING $7,953.75 PROGRAMMED
THROUGH THE "COMMUNITY bEVt LOPMENT PROGRAM"
TO COVER THE CONTRACT COST; ALLOCATING $3,097
FROM "HIGHWAY IMPROVEMENT BOND FUNDS" TO COVER
THE COST OF PROJECT EXPENSE; ALLOCATING $563
FROM "HIGHWAY IMPROVEMENT BOND FUNDS" TO COVER
THE COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES AND POSTAGE; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Mere 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 Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
50, AWARD BID: ftDEL CITIES COMMUNITY DEVELOPMENT STREET IMPROVEMENTS
PHASE 1I, BIDS "A" AND "B".
The following resolution was introduced by Commissioner Gibson,
who moved its adoption:
RESOLUTION NO. 77-91
A RESOLUTION ACCEPTING THE BID OF GARCIA ALLEN
CONSTRUCTION CO,, INC. IN THE AMOUNT OF $569,898.90
FOR MODEL CITIES COMMUNITY DEVELOPMENT STREET
IMPROVEMENTS - PHASE II, BID "A" AND BID "a"
ALLOCATING THE AMOUNT OF $245,555.25 FROM THE ACCOUNT
ENTITLED "HIGHWAY IMPROVEMENT BOND FUNDS" AND THE
AMOUNT OF $163,347.64 FROM THE ACCOUNT ENTITLED "STORM
SEWER BOND FUNDS" AND USING $ 160 , 996 , 01 PROGRAMMED
THROUGH THE "COMMUNITY DEVELOPMENT PROGRAM" TO COVER
THE CONTRACT COST; ALLOCATING $37,646 FROM"HIGHWAY
IMPROVEMENT BOND FUNDS" AND $25,042 FROM "STORM SEWER
BOND FUNDS" TO COVER THE COST of PROJECT EXPENSE;
ALLOCATING G6,844 FROM, "HIGHWAY IMPROVEMENT BOND FUNDS"
AND $4,553,10 FROM "$410Rj4 SEWER BOND FUNDS" TO COVER
THE COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORAToRIES AND POSTAGE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resol.ution, omitted here at d
on file in the Office of the City clerk.)
Upon being seconded by Cotmi.ssioner Plummer, the resolutin Was
passed and adopted by the following Note
A'YRS: COMMissioter Manolo Reboso
Commissioner J. L. Plummer, 3r.
CO Missioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Forte NOES: Nb,'.e ,
SL ACCEPT BID OF EXERCISE STATION COURSES Al 1 EMPORARILY DEFERRED,
Au pATTAH-COMSrOCK PARK & KENNEDY PARK
Mr. Plummer: Mr. Gr'assie, am I once again being told because the city
drags their behinds we can't take vivantage of discounts?
Mr: Grassie I don't believe that, that's what you're being told.-
Mr. Plummer: Well, then tell me why I misinterpret this bid sheet which
shows if the discount which is only offered by one company is computed
in that their bid then becomes the low bid. Now. what am I being told
by that? Florida Playground and Steel, if you accept their offered
discount, comes out cheaper than C.& W. Unlimited. Now, are you telling
me for some reason we can't take the discount: Do you read it any other
way Mr. Grimm? Well let me show you what I mean.
Mr. Grimm The only answer that T can give you Commissioner, and really
I'd like you to defer this until I call Mr. Howard, it's below that note.
Because it says alternative specification and that's not acceptable.
So. that lower price, I have to presume based on what they say here as
based on the different specification. If you allow me time to go call
Mr. Howard?
Mr, Plummer: Sure, I'd like an answer. Ok, move over 31, until we
get the answer.
52. AWARD BID: SOUTHERN DRAINAGE PROJECT E-39.
The following resolution was introduced by Commissioner Gibson,
who moved its adoption:
RESOLUTION NO. 77
A RESOLUTION ACCEPTINGTHE BID OF DICK MORTON, INC.
I.1 TIIE AMOUNT OF $138,845 FOR SOUTHERN DRAINAGE
PROJECT E-39; ALLOCATING THE AMOUNT OF $138,845
FRna•i TEE ACCOUNT ENTITLED "STORM SEWER BOND FUND"
TO COVER THE CONTRACT COST ALLOCATING FROM SAID
ACCOUNT THE AMOUNT 01. $15,273 TO COVER THE COST
OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT
THE AMOUNT OF $2 776 TO COVER THE COST OF SUCII
ITEMS AS ADVERTISING, TES"Nr. PGSTAGE.
AND AUT.HOR12iNG T:i', CITY MANAGE? Tr, LAEr:UTE 4
C.T . ,.iw{»
L.O:. , .,� �., fi SAID
(Ileyr fo1. ows nc'? l of reso] utic,n , omittPil hero dncl
or file ir-, the Off. ce of the City Clerk,)
upon being seconded by Comm s! ioner Reboso, boso, th- motion was pr1:ined
and ad:o1:tc= by the fog l0w1 nc vote-
.';
GoMTiti ss io cr 4raf olo i e1)0 sic
Go ttti_ss Lonr.r J. .,a P1ut:tet . sir
LoitMistriOntr Rose dordor,
Vice, -Mayor (Revs) 'ihebdore Rs GibSbn
Mayor Mau `3.ce A5 Perrt
NOt8t ivr ne s
b . AWARD BID HAMMOCK SANITARY SEWER IMPROVEMENT R- 4 1 C
AND Si
Mrs r•�lum,er : Mt. Mayor, I don't want to fluke any quest ions , but you
know, he re again I'm going to bring up a point that brought up iti
the past. These companies are pretty well known companies it this
community and I just for the likes of .;te cannot understand how we can
get bids that almost a hundred and fifty thousand collars apart on a
half a million dollars bid? Now I don't know it keeps telling me some-
thing between the low bidder and the high bidder out of three. The
bids come in $150,O0O apart.
Mayor Ferre: Mr. Manager you got an answer?
Mr. Plummer: There's no answer. He can only give me what he gave
before. The only thing i can say Mr. mayor that if the spec's are
still going out as they did for the hospitalization policy of this
city of 77 pages I can understand where problems are arising. But it
just seems like, to me that good businessmen wouldn't be $150,000 dollars
apart on a bid and to me it looks funny. I'm just making that for the
record.
Mr. Grassie Just as a note on that Commissioner. while we're waiting,
you may have seen the memorandum from the Finance Director that addresses
this question and indicates the work that they're doing on specifications.
Mr. Plummer: Yea, the one thing that I am happy that they are addressing
the problem. They do realize that there is some area that needs more
attention and they are doing it. That pleases me. You know, ,while we're
waiting also, the next bid just for example, is between three companies
call it $140,000 worth of work and they're only $6,000 dollars apart
now to me that seems realistic. That seems realistic. But $150.000 just
don't seem realistic. unless they're telling us they don't want our
business. Well, if that's the case then maybe we should know that and
don't include them in the bidding in the future.
Mayor Ferre: In the meantime are we ready to vote on 33?
Mayor Ferre: Call the roll.
��,: :, :77
The foilowihq resolution was i~itrodueed by Commissioner Gibson.
who moved its adopt rt
RESOLUTION NO, 7 ` -9 3
A RESOLUTION ACCEPTING THE BID OF ROENCA CORP-
ORATION IN THE AMOUNT OF $441,737,40 FOR HAMMOCK
SANITARY SEWER 1MPROVE 1 NT SR--5411C (centerline
sewer) AND SR-5411 S (sideline sewer) ALTERNATE
810 "A", IN HAMMOCKS SANITARY SEWER IMPROVEMENT
DISTRICT SR-5411 C (centerline sewer) and 8R-5411
S (sideline sewer), ALLOCATING THE AMOUNT OP
$441,737.40 FROM THE ACCOUNT ENTITLED "SANITARY
SEWER BOND FUND" TO COVER THE CONTRACT COST;
ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT
OF $46.591.11 TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT,
OF $5,834.49 TO COVER THE COST OF SUCH ITEMS AS
ADVERTISING, TESTING LABORATORIES, POSTAGE; AND AUTH-
ORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre NOES: None.
54, AWARD BID: HAMMOCK STORM SEWER PROJECT - 1976,
ALTERNATE BID "B"
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 77-94
A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS
COMPANY IN THE AMOUNT OF $133,562.50 FOR HAMMOCK
SOTRM SEWER PROJECT - 1976, ALTERNATE BID "B"
ALLOCATING THE AMOUNT OF $133,562.50 FROM THE
ACCOUNT ENTITLED "STORM SEWER BOND FUND" TO COVER
THE CONTRACT COST; ALLOCATING $14.691.50 FROM SAID
ACCOUNT TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $2,671
TO COVER THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES, POSTAGE; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution. omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: commissioner Manolo Rebcso
Commissioner J, L, Plummer, Jr,
Commissioner Rose Gordon:
Vice -Mayor (Rev.) Theodore R, Gibson
Mayor Maurice A. Verne
ALLOCATE $650► D0 FOR ust or GUSMAN HALL. rtY THE
INTERNATIONAL REPERTORY COMPANY AND BALLET, INC,
The following resolution was in rodu ed by Commissioner Gibson,
who moiled its adoption
RtSOLt1TION NO. 77-95
A RESOLUTION ALLOCATING, $650 PAM THE
SPECIAL COMLMUNIT? PROGRAMS HtiDCET To THE
DEPARTMENT OP OPP-STRtET PARSING TO PROVIDE
P R THt USt or GUSMAN CULTURAL CENTER BY
THE INTERNATIONAL RtPERTORY COMPANY AND
t3ALLET, /NC, ON TU SDAY, JANUARY 11, 1977.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the motion was
passr-.d and adopted by the following vote -
AYES: Commissioner Mano10 Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
5b, APPROVE SITE AND DEVELOPMENT PLAN FOR PROPOSED RESTAURANT
GROVE KEY MARINA,
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 77-96
A RESOLUTION APPROVING SITE AND DEVELOPMENT PLAN ON A
PROPOSED RESTAURANT ON CITY -OWNED PROPERTY KNOWN AS
GROVE KEY MARINA, AT APPROXIMATELY 2664 SOUTH BAYSHORE
DRIVE, DINNER KEY, AS REQUIRED BY SECTION 4 (1), ARTICLE
XVIII-1 (PUBLIC PARKS & RECREATIONAL; USE) P-R DISTRICT,
SUBJECT TO SUBMISSION OF DETAILED SITE, LANDSCAPING
AND BUILDING PLANS FOR PLANNING DEPARTMENT APPROVAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote-
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A, Ferre NOES: None,
AUTHORIZE C I T MANAGER AND CITY CLERK TO EXECUTE ADDENDUM I3Y AND tETWEEN
CI W OF MIAMI AND GROVE KL.Y MAARINA, INC. to THE APRIL I, 1976 LEASE1
The following resolution was i.ntrodUoed by Commissioner dibaon,
nbvori ita adoption
RESOLUTION NO. 77-9/
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE THE
ADDENDUM ATTACHED HERETO TO THE APRIL 1, 1976
LEASE, BY AND BETWEEN THE CITY OE MIAMI AND
GROVE 1{EY MARINA, INC
(Hare follows body of resolution, omitted here
on file in the Office of the city Clerk.)
Upon being seconded by 'Commissioner Plummer, the resolution
passed and adopted by the following vote -
AYES:
commissioner Manolo Reboso
Commissioner J. L. Mummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferro
NOES: None.
APPROVE SUB -LEASE AGREEMENT BETWEEN GROVE KEY MARINA, INC. AND
GROVE RESTAURANT, LTD,
The following resolution was introduced by Commissioner Gibson,
who moved its adoption:
RESOLUTION NO. 77-98
A RESOLUTION APPROVING THE SUBLEASE AGREEMENT
BY AND BETWEEN GROVE KEY MARINA, INC. AND
GROVE RESTAURANT, LTD. ATTACHED HERETO AND
MADE A PART HEREOF.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer,
passed and adopted by the following vote
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor I'laurice A. Ferro
resolution
•
I AWARD BID. EAR= STATION COMO At ALLAPATTAH
AN KENNMW PA S
The folll:ming reaolutiO1 Wan intradue d by Commit ibn f t1ut mer,
who totted ita adoption:
RESOLUTION NO, 77-09
A RESOLt;TIoN ACCEP 'ItvC THE BID OF C. & W.
UNLIMITED t'OR FURNISH/A TWO EXERCISE STATION
COURSES AT ALI APATTAH-COMSTOCit PARR AND XENNEDY
PARK FOR nit DEPARTMENT OF PARKS AND RECREATION
AT A TOTAL COST OF $9 , 096 ; ALLOCATING FIENDS FROM
TIIE PARRS FOR PEOPLE BGNb PROGRAM; AUTH0RIZING
THE CITY MANAGER TO INSTRUCT THE PURCHASING
ACENT TO ISSUE THE PURCHASE ORDER FOR TI-IIS
EQUIPMENT
(Hers follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the motion was passed
and adorted by the f o11owi.ng vote
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer. Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferro NOES: None.
60, PREPAY RESOLUTIOW INTERIM AGREEMENT WITH SOUTHER BELL TELEPHONE
ADD TELEGRAPH COMPANY
The following resolution was introduced by Co.nr onr.r Plummer
who moved its adoption:
RESOLUTION' NO. 77-100
A RESOLUTION AUTHORIZING THE SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY TO USE THE
CITY STREETS DURING 1977 IN ACCORDANCE WITH
CERTAIN TERMS AND CONDITIONS, AND PAYMENT
THEREFOR TO BE MADE ON FEBRUARY 1, --1977
AND ON FEBRUARY 1. 1978; PROVIDING` THAT THE
SOUTHERN SELL' S ACCEPTANCE OF THE TERMS AND
ITS PAYMENT OF THE CONSIDERATION HEREUNDER
CONSTITUTES A FULL AND COMPLETE; COMPROMISE
SETTLEMENT FOR THE USE OF THE STREETS FOR
1976 AND 1977; FURTHER PROVIDING BOTII
SOUTHERN BELL AND THE CITY WILL CONTINUE TO
NEGOTIATE FOR A LONG-TERM USE AGREEMENT;
FURTHER T'R0VIDING THAT SOUTHERN BELL' S
PAYMENT BE WITHOUT PREJUDICE TO THE CONTEN-
TION OF SOUTHERN BELL IN ALL gATTER3 HER.EIJ;
AND FURTHER AUTHORIZING THE CITY :'TANAGER TO
EXECUTE AN AGREEMENT ON BEHALF OF THE CITY
REFLECT:: G THE TERMS HEREIN UPON SOUTHERN
DELL' S FLING OF ITS WRITTEN AND BINDING
ACCEFTANOE OF THE TERMS HEREOF WITHIN 30
DAYS FROM AND AFTER THE DATE THE HEREIN W.. —
RESOLUTI0N BECOMES EFFECTIVE,
(Here follows body of resolution, omitted be
on file in the Office Qf the City clerX.)
e
and
tpoi be ng•• • sedes:ided by Coriithi.., s to r .r Gibs n , the reso11ti Ot•thus
•passed and adopted. by the following votet •
AS:
COMMi.ssiono1 Manolo RebosC
Co lmission,er J. L. Plummer, at.
ComMissi.oner Rose Gordon
'fide -Mayor (Revs) Theodore R. Gibson
MayOr Maurice A, Ferro
NOBS: Node
61. AUTHORIZE CITY MANAGER AND LIt CLERK TO ENTER INTO AGREEMENT WITH THE
GREATER MIAMI TRAFFIC ASSOCIATION.
The following resolution was introduced by Commissioner Plummer.
who moved its adoption:
RESOLUTION NO, 77-101
A RESOILUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO THE ATTACHED AGREEMENT WITH
THE GREATER MIAMI TRAFFIC ASSOCIATION FOR
A PERIOD OF ONE YEAR COMMENCING OCTOBER 1,
1976 AND ENDING SEPTEMBER 30, 1977 AND TO
PAY THE SUM OF' $20,000 FOR SERVICES RENDERED
BY THE ASSOCIATION; HEREBY ALLOCATING $10,000
FROM SPECIAL PROGRAMS AND ACCOUNTS AND $10,000
FROM THE CONTINGENCY FUND.
(Here follows body of resolution, omitted here and
on file in the Offir:e of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adorted by the following vote-
AYES: Commissioner Manolo Reboso
Commissioner J. L.,Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre NOES: None.
62. CONFIRMING RESOLUTION : PURCHASE EQUIPMENT FOR
JACKSON tTMORIAL HOSPITAL BURN UNIT.
The following resolution was introduced by Commissioner Plummer.
moved its adoption:
RESOLUTION NO. 77-102
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE PURCHASING AGENT TO ISSUE
A PURCHASE ORDER FOR ONE C. J. 2452 JAMAR
DYNAMOMETER AT A COST OF $95 AND ONE CYBORG
BI0-FEED BACK MACHINE AT A COST OF $360;
SUCH EQUIPMENT TO BE PROVIDED TO THE JACKSON
MEMORIAL HOSPITAL BURN UNIT FOR THE REHABILI-
TATION EXERCISES NEEDED BY BURNED MIAMI
FIREFIGHTERS; SAID FUNDS TO BE HEREBY ALLOCATED
FROM THE CONTINGENCY FUND,
(lere follows body of resolution, omitted here
and on file in the Office of the city Clerk,)
Upon being seconded by commissioner Gibson, the resolution was
ssed and idopted by the following vote
AYES
Go MissiO ei t 5 .o Rebo o
Ct5Mithissic nei J. L. P Uthrter; Jr.
Cot rissioner Rose Gordon
Vice -Mayor (key.) Theodore Ri Gibson
Mayor Maurine A: Ferre
NOZ8t Norio•
636 EXECUTE AGREEMENT WIN UNIVEI I IY OF MIAMI FOR JOINT DEVELOPMENT OP
CITY OF MIAMI/UNIVERSITY OF MIAMI JAM la, KNIGHT INTENTIONAL CENTER.
The following resolution was ititroduood by Comtniss loner PiUmmer$
who moved its adoption:
RESOLUTION NO. 77-103
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT, AS
AMENDED By THE CITY COMMISSION ON JANUARY 27,
1977, WITH THE UNIVERSITY Or MIAMI FOR THE
JOINT DEVELOPMENT OF THE CITY OF MIAMI'
DOWNTOWN CONVENTION FACILITY, KNOWN AS THE
CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L.
KNIGHT INTERNATIONAL CENTER
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote
AYES Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES:
None.
64, CHANGE CITY COMMISSION MEETING DATES FROM MARCH 30 AND 31 TO MARCH 23
AND 24, 1977,
The following motion was introduced by Commissioner Reboso, who
moved its adoption:
MOTION NO. 77-104
A MOTION OF INTENT TO CHANGE THE DATES OF THE
CITY COMMISSION MEETINGS IN THE MONTH OF MARCH
FROM MARCH 30 AND 31 TO MARCH 23 AND 24, 1977.
Upon being seconded by Commissioner Gibson the motion was
passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J, L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore it, Gibson
Mayor Maurice A. Ferre NOES; None.
65i APPOW GLRALD SILVERMAN As DER OF E CIVIL SERVICE 130Ati
Mrs. O rdeh: Mr. t•iayot, it's come to my attentic that a gentieren
that I know, haVe known, and have worked with for years and t want
to remember 466 is willing to serve and has made himself available to
serve is a man that r know to be of extreme ability, integrity... sod
t think will serve in the capacity that we need on that Civil Service
f?oard. I would like to offer the name of Gerald Silverman as a nominee
to that board.
Mayor Ferre: Seconded by 'Theodore Gibson. Further discussion. Call
the roll.
The following resolution was introduced by commissioner Gordon,
who moved its adoption:
RESOLUTION NO. 7 7-10 5
A RESOLUTION APPOINTING GERALD SILVERMAN
AS A MATTEROF THE CITY OF MIAMI CIVIL SERVICE
BOARD TO FILL THE VACANCY CREATED BY THE
RESIGNATION OF CHARLES 0. HUTTOE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
66, APPOINT LOGY AIIN ACK AND TO THE COMMITTEE ON STATUS OF WavEN ,
Mr. Reboso: I offer the name of Lucy Ackland for the Status of Women
that we have a vancancy.
Gordon: I second that.
Mayor Ferre: Motion by Reboso. Seconded by Gordon. Further discussion.
Cali the roll.
The following motion was introduced by Commissioner Reboso,
who moved its adoption;
passed
AXES
MOTION NO. 77-106
A MOTION APPOINTING LUCY ANN ACICLAND TO
THE COMMITTEE ON THE STATUS OF WOMEN.
Upon being seconded by Commissioner Gordon, the motion was
and adopted by the following„vote;
Commissioner Mano10 Reboso
Commissioner J, L. Plummer, Jr,
Commissioner Rose Gordon
Vice -Mayor (Rev,) Theodore R, Gibson
Mayor Maurice ,A, Ferre NOES; None,
. DOME TAXAi`xt ij
DR1 V LtcEN XAMINATION FACILITY)
EW SLIGHTING
• I
PR RCS IN C MISSION Ro M ON otNG PROJECTS 1
M. Plummer: MrRhot► where do we etand with the double taxation?
MY. not: The double taxation suit was voluntarily dismissed the
City of Miami and has not boon re -instituted pursuant to the request
Of some of the Commissioners and the City Manager that we get together
and talk with the new County Manager about solving this hatter without
having to go to litigation.
Mr. Plummer: Well, has that meeting been arrange6/
Mr. Xftoxl Not to my knowledge,
Mr. Plummer: Well, I sure would like to see a deadline put on it. l
don't want to see that thing dragged out, because somebody told me the
other day that we had completely dropped the matter and it was now
null and void. And, I said, oh, no, it's not. Mr. Mayor, i think we
need to put a date on that.
Mayor Ferre: A date on what?
Mr. Plummer: A final date that they talk with the Manager and some
decision be reached or we go back to court.
;mayor Ferre: Why don't we leave it this way? Mr. Grassie, I know Mr.
Steirheim have a lot of pressures on him. However, you've had a prelim-
inary discussion with him and that you were somewhat optimistic that
perhaps there might be an opportunity to see some light on this. Would
you kind of bring this to a head by the meeting in February.
Mr. Plummer: The first of March is fine with me, I just want some date
put on the thing.
Mayor Ferre: Well. let's say by the second meeting in February we will
0 somehow have brought this to a head one way or the other. You prefer
the first meeting of March.
Mr. Plummer: Fine.
Mayor Ferre: All right, will you make a note to put it on the agenda
for the first of March unless it's been resolved before that time.
Mr, Plummer: ThP next item,Mr. Grassie, would you bring me up-to-date
sir, on the position of the Driver's License Facility at the Orange Bowl?
Kr. Grassie; Yes. commissioner. Vince Grimm, of our staff has done
quite a bit of work on this question and I think that's its conclusion
is that we do not have a practical' site for that facility because of the
amount of dedicated space that they want around the Orange Bowl. So
tit, t alternative has not worked out so far maybe I ought to ask him to
apeal: for himself.
mr.. �'luni c r: wp11. I think more importantly and I accept that, but T
thin% More importantly we the Commission should the commission nhaulri
be informed. I ;seep receiving calls and letters wanting to }snow, what' n
hap mine., and why it's happening.
l r, Gri:gin; .'art of the rcpreseftativcs of the state have been i.11.
Commissioner., but generally speaking, they need between 6,000 and
7,000 sg. €t, of o, fice space. We tried not only at the orange bowl
but at the ;f&anti I aseba i Stadium► ly haV'e to have a guaranteed
5 day a week,g hour a day, from 7 ih the morning, until 5 00 o'clock
its the afternoon operation,. This isn't practical to put that typo
of operation at either of thoae facilities. 56, we're kind of at e
stalemate and l don't know whether l should say this or not. but if
t read between the 1ihea they really want to be where they are with
a hole in the wall.
Mr. Plummer, ... that's not reading between the lines. They were
most emphatic about it, And, you know what surp:riaes me is that where
they are 1 don't think they got 2,000 sa.ft., Am I right or wrong?
Mr. Gririrl I haven't treasured it.
Mr. Plummer Weil, would you please forward to all of us so that we
can answer the inquiries as to the posture at the present time. I mean
it it's a dead issue, let's face the music, you know.
Mr.,Grimm: I think it's a dead issue for the orange Bowl and the
Miami Baseball Stadium.
Mr. Plummer: Could we be privy then to the benefit of your investigation
of what you found and why you think it's a dead issue?
Mr. Grimm: Yes sir.
Mr. Plummer: That's all. Mr. Manager, I'm happy to hear thitkktomorrow
they are starting the light at the Shenandoah Park. I would Eliat this
not go unnoticed when it is completed. That this Commission be invited
there to throw the switch when it is completed, because`I don't know of
one single area in which generated more letter writing requesting these
Tights, so I would like to make sure that when that job is completed
that this Commission is invited there for the dedication of the light.
would also like from the Administration at your convenience, that's
leaves an open end. I have -as a Commissioner never been informed as to.
who is using the Baptist Church Facility, how many feet are delegated to
who, if they are paying anything, I know nothing as a Commissioner, other
than the fact that I'm continuously asked to dedicate more money for
maintenance for acquiring other property. I would like to see a break-
down as to who's utilizing it, is it being used to the best of its
ability. L had an inquiry this week wanting to know of the pharmacy
to put on classes there for people who were preparing to take
I just had to admit I didn't know what was going on inside of that
building. Who is it available to? I think the Commission should have
this information, which I have never been furnished. An open-end do it
at your convenience. Now, the final thing, Mr. Grassie, I spoke to you
some time ago in the meeting about putting a progress broad on the wall,
so that we don't have to ask all of these questions. I'm just merely
reminding you, I think it's a good thing, I think the sooner we get it
up the better off we're all going to be. That's all I have Mr. Mayor.
68, BRIEF DISCUSSION ITEM: REAL ESTATE TAX CONDITIONS OF LEASED PROPERTY
FROM METROPOLITAN DADE COUNTY
Mayor Ferre; I noticed that on item 44 on Florida Bearings, it's my
fault. They weren't supposed to be here. If -you look in your packet,
you'll see a letter from Jorge Bosch to me. And, here's basically what
he says. I want to read it to you. "From the moment it became known that
ride County was considering levying property taxes on lessees at the
airport, representatives of different eastern cities. including a major
Florida city, have been inviting the airlines based in Miami to move
their facilities to their respective cities. This has prompted us to
write the Ooun1y Commi.ssiones a letter, copy of which is enclosed.
You can °understand that if Dade loses over 13 000 top quality jobs at a
i omelet such as this, the damage can h,, egtrente1y seridius to t ht
economy 'iiS entire ire ar ti: s (1 's Manager,
before l l think use she id
bring this thing to a head and fora Commission decision on thisl f
would dike to ask for staff to research this and give us an opinion.
necause it is really) a very, very seritus fatter, and f frankly) don't
know at this stage which side is right. My inclination is that the
airlines are right and that ban Paul is wrong. That. i feel that, we.
and I would agree with Mayer Steve Clark, and l forget who else was in-
volved in that, but it's a real heavy subject, and it would affeet the
tax base for the City of Miami, nut I think en the side are an awful
lot of jobs that might be jeopardize. Before we cefne to a eoncluSid
on this. I would like to request that the Administration give this
some heavy consideration and come back with a recommendation.
Mr. Grassie: There are two ways Mr. Mayor, we could look at this, one
is legal in the sense, legally should we do. And. the other is basically
economic. What is the interest of the community?
Mayor Verret Yea, I think we ... this is a decision for the County
CommisSioners, and I think the only thing for us to take a decision to
what we believe in as a Commission. But, it's a rather serious(it seems
to me) matter and before we just do it haphazardly, I think we need some
pretty indept study by the Administration.
fah Mr. Grassie: You're asking that we address the public interest question
rather than...
Mayor Ferre: I would imagine so, the legal question is something that
the Metro Commission is going to have to deal with, not us. It's not
our decision, it's theirs. I hope that our recommendation might have
a little weight, not too much, but a little bit. So, I think we ought
to look into it. It's going to affect the City of Miami in the tax base.
• ADJOURNMENT:
There being no further business to come before the City Commission
the meeting was adjourned at 5:30 P.M.
ATTEST: Ralph G. Ongie
City Clerk
Matty Hirai
Assistant City Clerk
MAURICE A. FERRE
Mayor
ITEM NO
10
CITY 'OF NVAM
DOCUMENT
INDE
fOCUMEt1T IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
APPOINTING GUILLERMO J. FREIXAS AS A MEMBER OF
THE CITY OF MIAMI ZONING BOARD
REQUESTING THE BOARD OF COUNTY COMMISSIONERS
OF METROPOLITAN DADE COUNTY, FLORIDA TO USE A
PORTION OF THE $500,000,00-$6,00,0000000 TENTA-
TIVELY COMMITTED BY THE URBAN MASS TRANSPORTA-
TION ADMINISTRATION OF THE DEPARTMENT OF TRANS
PORTATION FOR IMPLEMENTATION OF ITS RAPID
TRANSIT LINE PROJECT FOR THE PROPOSED DOWNTOWN
PEOPLE MOVER SYSTEM IN THE CITY OF MIAMI
ALLOCATING $1,091,582 CAPITAL IMPROVEMENTS
UNALLOCATED FUNDS TO THE GENERAL FUND
AUTHORIZING THE TRANSFER OF $3,257,316 FROM
THE CAPITAL IMPROVEMENT FUND UNALLOCATED TO A
RESERVE ACCOUNT IN THE DEBT SERVICE FUND TO
PROVIDE SUFFICIENT FUNDS TO PAY THE OUTSTAND-
ING PRINCIPAL AND INTEREST ON THE SPECIAL
OBLIGATION CAPITAL IMPROVEMENT BOND SERIES A
TO E.
AUTHORIZING THE CITY MANAGER' AND THE CITY.:
CLERK TO ENTER INTO AGREEMENTS TO PURCHASE
REAL ESTATE ON THE FORM CONTRACT ATTACHED HERE
TO AND MADE A PART HEREOF FOR A PRICE NOT TO
EXCEED THE APPRAISED VALUE OF THE PROPERTY TO
BE ACQUIRED.
AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE
OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEP-
TANCE BY THE CITY COMMISSION OF THE COMPLETED
CONSTRUCTION OF NORTH BAYSHORE DRIVE SANITA-
TION SEWER IMPROVEMENT SR-5383 C
SELECTING NEWSPAPER IN WHICH THE NOTICE OF
SALE OF CERTIFICATES ISSUED. BY THE CITY OF
MIAMI FOR DELINQUENT SPECIAL IMPROVEMENT
ASSESSMENT LIENS SHALL BE PUBLISHED
ENDORSING THE RECENT ADOPTION OF THE AIR CARGC
MARKETING PROGRAM FOR MIAMI INTERNATIONAL
AIRPORT BY THE DADE COUNTY BOARD OF COUNTY
COMMISSIONERS AS AN EXTREMELY PROGRESSIVE
STEP IN REGIONAL GOVERNMENTAL DEVELOPMENT
AUTHORIZING THE DIRECTOR OF PUDLIC WORKS TO
REDUCE THE 10% RETAINAGE TO 5% FOR THE SICEN-
TENNIAL PARK -PHASE II-.975
COMtIISSION
ACTION
R-77-69
R-77-70
R-77-71
R-77-72
R-77-73
R-77-74
R-77-75
R-77-76
Rw77C77
77-69
77-70
77-71
.TE 9 NO.
UiENHNDEX
CONTINUED
DOCUMENT IDENTIFICATION
11
12
13
14
15
16
17
18
19
20
2;
22
AUTHORIZING THE bIRECTOR OF FINANCE TO PAY
TO SARAH A. ANbRADE, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $7,000,00, IN PULL AND
COMPLETE SETTLEMENT OF HER CLAIM AGAINST THE
CITY OF MIAMI FOR PERSONAL INJURIES SUFFERED
ON JULY 27, 1973.
AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO THE BUREAU OF CRIMINAL
JUSTICE PLANNING, DEPARTMENT OF ADMINISTRA-
TION, STATE OF FLORIDA.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENTWITHMETROPOLITAN DADE COUNTY
THROUGH THE MANPOWER PLANNING CONSORTIUM OF
DADE AND MONROE COUNTIES TO IMPLEMENT A
MIAMI CAREER DEVELOPMENT PROGRAM
AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT AWARD FROM THE U.S. DEPARTMENT OF
HEALTH, EDUCATION AND WELFARE FOR RECREATION-
AL SKILLS AND ACTIVITIES FOR THE MENTALLY
RETARDED.
AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT AWARD FROM THE U.S. DEPARTMENT OF
HEALTH, EDUCATION AND WELFARE FOR STAFF TRAIN
ING FOR ADAPTED RECREATION.
AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT AWARD FROM THE KENNEDY FOUNDATION FOR
VERY SPECIAL ARTS FESTIVAL
AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT AWARD FROM THE FINE ARTS COUNCIL OF
FLORIDA FOR ARTIST -IN -RESIDENCE PROGRAM
AUTHORIZING THE CITY MANAGER OF THE CITY OF
THE CITY OF MIAMI TO ENTER INTO AN AGREEMENT
WITH METROPOLITAN DADE COUNTY THROUGH THE
MANPOWER PLANNING CONSORTIUM OF DADE AND
MONROE COUNTIES,
AUTHORIZING THE ISSUANCE OF A PERMIT TO THE
N,A.A.C.P. FOR AMUSEMENT RIDES IN CONNECTION
WITH ITS CARNIVAL TO BE HELD AT 5800 N.W.
6 COURT.
AUTHORIZING THE TSSUANCE OF PERMIT TO THE
GFSU CHURCH FOR AMUSEMENT RIDES IN CONNEC-
TON WITH ITS CARNIVAL TO BE HELD AT 118 N.E,
2 ,STREET
AUTHORIZING THE ISSUANCE OF A PERMIT TO
TROPICANA LIONS CLUB FOR .AMUSEMENT RIDES IN
CONNECTION WITH ITS CARNIVAL TO RE HELP AT
MIAMI STADIUM
AUTHORIZING THE ISSUANCE OF A PERMIT TO
JAMSS E. SCOTT COMMUNITY ASSOCIATION FOR
AMUSEMENT RIDES IN CONNECTION WITH IT CARNI-
VAL TO BE HELP AT THE QRANPWA' :STORE
ACTION
N
R-77-78
R-77-79
R-77-80
R-77-81
R-77-82
R-77-83
R-77-84
R-77-85
R-77-86
R.-77-87
R.,77¢B8
R..77=89
77-78
77-79
77-80
77-81
77-82
77-83
77-84
77-85
77-86
7787
77-88
77-'9`'.
UMEN1i'NDEX
CONTINUED
immommw
IIN NOt DOGUMNMi IDbNTW CATION
NOWOMMAI
23
24
25
26
27
28
29
30
32
33
34
35
36
ACCEPTING THE BID OF EVERGLADES SOD & LAND
SCALING, INC IN THE AMOUNT OF $281155 FOR
MODEL CITIES COMMUNITY DEVELOPMENT STREET
IMPROVEMENT -PHASE II, Bib «C"
ACCEPTING THE BID OP GARCIA ALLEN CONSTRUC-
TION CO., INC. IN THE AMOUNT OF $56,898.90
ACCEPTING THE BID OF DICK MORTON, INC. IN
THE AMOUNT OF $138,845 FOR SOUTHERN DRAINAGE
PROJECT E-39.
ACCEPTING THE BID OF ROENCA CORPORATION IN
THE AMOUNT OF $441,737.40 FOR HAMMOCK SANI-
TARY SEWER IMPROVEMENT SR-5411C
ACCEPTING THE BID OF MARKS BROTHERS COMPANY
IN THE AMOUNT OF $133,552.50
ALLOCATING $650 FROM THE SPECIAL COMMUNITY
PROGRAMS BUDGET TO THE DEPARTMENT OF OFF-
STREET PARKING TO PROVIDE FOR THE USE OF
GUSMAN CULTURAL CENTER BY THE INTERNATIONAL
REPERTORY COMPANY AND BALLET, INC.
APPROVING SITE AND DEVELOPMENT PLAN ON A
PROPOSED RESTAURANT ON CITY -OWNED PROPERTY,
KNOWN AS GROVE KEY MARINA.
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE-
CUTE THE ADDENDUM ATTACHED HERETO TO THE APRIL 1,
1976 LEASE, BY AND BETWEEN THE CITY OF MIAMI AND
GROVE KEY MARINA, INC,
APPROVING THE SUBLEASE AGREEMENT BY AND BETWEEN
GROVE KEY MARINA, INC. AND GROVE RESTAURANT, LTD.
ATTACHED HERETO AND MADE A PART HEREOF.
ACCEPTING THE BID OF C. & W. UNLIMITED FOR FURNISH-
ING TWO EXERCISE STATION COURSES AT ALLAPATTAH-
COMSTOCK PARK AND KENNEDY PARK FOR THE DEPARTMENT OF
PARKS AND RECREATION
AUTHORIZING THE SOURTHERN BELL TELEPHONE AND TELE-
GRAPH COMPANY TO USE THE CITY STREETS DURING 1977
IN ACCORDANCE WITH CERTAIN TERMS AND CONDITIONS
AUTHORIZING THE CITY MANAGER TO ENTER INTO THE AT-
TACHED AGREEMENT WITH THE GREATER MIAMI TRAFFIC
ASSOCIATION FOR A PERIOD OF ONE YEAR COMMENCING
OCTOBER 1, 1976 AND ENDING SEPTEMBER 30, 1977.
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PUR-
CHASING AGENT TO ISSUE A PURCHASE ORDER FOR ONE
G.J. 2452 JAMAR DYNAMOMETER AT A COST OF $95
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
AGREEMENT, AS AMENDED HY THE CITY COMMISSION ON
JANUARY 27, 1977. WITH THE UNIVERSITY CT MIAMI,
R-7790
R-77-91
R-77-92
R-77-93
R-77-94
R-77-95
R-77-96
R-77-97_
R-77-98
R-77-99
R-77-100
R-77-101
R-77-102
R-77-103
77-90
77-91
77-92
77-93
77-94
77-95
77-96
77-97
77-98
77-99
77-100
77'101
77p102
77=103
r
L
1
DZ
S7
UMENT'I N DEX
ONTINUED,
DOCUMENT IDENTIFICATION
ARROINTINO GERALt SILVERMAN As A MEMBER OE THE CITE
OE MIANI CIVIL SERVICE HOARD TO PILL THE VACANCY
CREATED Hip THE RESIGNATION or CHARLES 0 HUTTOE.
R-77-105
i
_rni r NO.
77- 05