HomeMy WebLinkAboutCC 1977-02-10 MinutesMISSIO
INUTES
OF MEETING HELD ON February 10, 1977
PREPARED BY THE OFFICE CITY OF THEACLLITY CLERK
H
RALPH GI ONGIE
CITY CLERK
Itd�t
cal)tIoin'MiR K0'RtA4
ITEM.
SUBJECT
ORDINANCE OR
RESOLUTION NO,
3.
4.
5.
9.
10
11.
12.
13.
14.
15.
16.
17,
18,
19.
20,
21,
DISCUSSION Off` USE OF MUNICIPAL JUSTICE BUILDING:
DISCUSSION OF NEW OWNERSHIP OF Y.W.C.A, BUILDING
AND COVENANT:
MIAMI DOLPHINS- PASSED LITIGATION REPORT BY
CITY ATTORNEY:
DISCUSSION OF F.E.0 OWNED PROPERTY; PARK FUNDS AND
ENGAGE SERVICES OF APPRAISER:
DISCUSSION - EXECUTIVE MEETING - HELD JAN 26,1977
PERSONAL APPEARANCE: HERBERT SIMON - CONCERNING
POSSIBLE RELOCATION OF PROPOSED AMUSEMENT PARK:
PLAQUES, CERTIFICATES OF APPRECIATION, SPEC. ITEMS
AGMT. J. KETTLE AND MARIA FLOYD (RELEASE OF
COVENANT Y.W.C.A. BLDG):
PUBLIC HEARING - OBJ. TO ORDERING CONST. - SR5414
C & S:
BR1EF,DISCUSSION ITEM - CITY COMM. POLICY ON
WAIVER OF FEES:
AUTHORIZE CITY MANAGER TO EXECUTE AGMT. MARINE
STADIUM WATER SPORTS RENTAL:
AUTHORIZE CITY MANAGER TO ADVERTISE AND RECEIVE
PROPOSALS - ECONOMIC PLANNING STUDY
MIAMI RIVERFRONT LUMMUS PARK AREA:
FIRST READING ORD - AMD RULE 8 SEC. 5, CIVIL SER.
RULES AND REGULATIONS:
AUTHORIZE CITY MGR TO ENTER AGMT. WITH MORTY
FREEMAN- CONSULTING SERVICES -INTERNATIONAL
FOLK FESTIVAL:
ACPTG PLAT ABITARE:
PUBLIC HEARING- PROPOSED FUNDING RECOMMENDATIONS
1977 - 1978 - COMMUNITY DEVELOPMENT PROGRAM,
3rd YEAR:
ACPTG GRANT - HEAVY EQUIP. SERVICE FACILITY -
COMMENDING MARK ISRAEL:
DOCK RATES- SECOND READING ORDINANCE;
PERSONAL APPEARANCE --MR. De PONTIS, CONCERNING USE
OF DINNER KEY AUDITORIUM- FOR FLEA MARKET
CONFLICT WITH COCONUT GROVE ART FESTIVAL;
BRIEF DISCUSSION ITEM - CITY COMMISSION POLICY
MANUAL
M- 17-107
M- 77-108
M- 77-109
M- 77-110
M- 77-111
R- 77-112
R- 77-113
R- 77-114
R- 77-115
R- 77-1,16
R- 77-117
PAGE NO.
7 11
11 = 26
26 - 58 ---
59- 62
62-64
65
65 67
67 - 79
80 81
81
81.1 - 82
lst reading 82
R- ,77-118 83
R- 77-119 83
R- 77120 84 99
R- 77-121
m- 77-122 99 - 101
1M- 77-123 102- 129
R- 77-124
Ord. 8614
M- 77-125
129 -131
131 - 132
ESTABLISH CITY COMM, POLICY FOR GOVERNING, APPLICAT!SN
AND REVIEW OF WAIVER OR RENTAL FEES OF CITY FACl, R- 77-126 132 = 133
f
tip(
MN% MIFL8RfU4
ITEM KO,
22,
23.
24,
25.
26.
27,
28,
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
SUBJECT
ORDINANC O
RESOLUTION RO i
AUrt1. CITY NOR. TO EXECUTE AGMT WITH TED FAKER
GRO1P-PROFESSIONAL SERVICES- Volt DESIGN AND 0
DEVELOPMENT "CENTRAL MIAMI NETCHR0RU000 PARK:
AUTH. CITY MGR. TO ENTER AGMT WITH RICK SISSER
ACPTG. COMP. WORK - HARD SURFACE COURTS = 1975
(HENDERSON PARK):
ACCEPT PLAT - ADRIA SUB:
CLAIM SETTLEMENT - GISELE FASHIK:
CLAIM SETTLEMENT MICHAEL BOOTH:
APPOINTMENT LEONARD ABESS, JR.-TO THE COMMITTEE
ON ECOLOGY AND BEAUTIFICATION:
ACCEPT BID - LAWN EQUIP. FOR PARKS AND REC:
APPOINTMENT - ALAN ROSENTHAL TO YOUTH ADV. BOARD:
RESCHEDULE CITY COMM. MEETING DATES FOR THE MONTH
OF MARCH 1977:
ALLOCATE $3,875.00 FOR FINANCIAL ASSISTANCE FOR
DECORATION OF DOWNTOWN AREA- KING ORANGE FESTIVITIES
PREPARED RESOLUTION- CLOSE PORTION OF N.W. 2 AVE
BETWEEN NW 1 AND NW 2 ST.-CONDITIONED UPON
LOCATION OF FEDERAL RESERVE BANK IN PROPOSED
DOWNTOWN GOVERNMENT CENTER:
IMPOSING FEE FOR MIAMI DOLPHINS USE OF O. BOWL
STADIUM FOR THE 1976-1977 SEASON:
WAIVE RENTAL FOR USE OF PARKING LOT MIAMI STADIUM:
APPOINTMENT - TERESA SALDISE TO AFFIRMATIVE
ACTION BOARD:
DISCUSSION ITEM - REQ. BY COMM. GIBSON THAT THE
MATTER OF LAY-OFFS IN THE SANITATION DEPT.
BE SCHEDULED AS A REGULAR AGENDA ITEM:
BRIEF DISCUSSION ITEM - PROMOTIONAL PROCESS;
R� 77,127
R- 77-128
R- 77-129
R- 77-130
R- 77-131
77-132
R- 77-133
R- 77-134
R- 77-135
PAGE NO,
133
133=134'
134
135
136 - 137
137 = 138
138
138 - 139
139
R- 77-136 139
R- 77-137 140
R- 77-138
R- 77-139
M- 77-140
R- 77-141
140- 141
141
142
142
143
143 - 144
MINUTES 6F REGULAR MEETING OF THE
CITY CCMMiSH oN OP MIAMI, FLORIDA
* * * * * * *
0n the 10 day of February, 1g17, the City Cottissioh of Miami,Fiorida► Met
at its regular meeting place in the City Hall, 1500 Fan Aflerioan Drive,
Miami, Florida, in regular session.
The meeting was called to order at 9:05 a.M. by Mayor Maurice A. %erne
with the following members of the Commission found to be present:
Coinmissibner Mariolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
ALSO PRESENT:
Joseph R. Grassie, City Manager
R. L. Fosmoen, Assistant City Manager
George F. Knox, City Attorney
Ralph G. ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Reverend Gibson who ten led those present
in a pledge of allegiance to the flag.
Mayor Ferre: I wonder if you would all join me and stand again for a moment...
I was just informed of the sad news of Father Gibson's mother passing and I want
us all to share with him the pain of such a difficult moment and we want to tell
him that our prayers and our love are with him and perhaps we can join in this
minute of silent prayer for Mrs. Gibson.
Rev. Gibson: Thank you.
Reading of the Minutes: Moved and waived.
DISCUSSION OF USE OF MUNICIPAL JUSTICE BUILDING,
Mr. Grassier This item, Mr. Mayor, is in front of you in order that you provide
some guidance for the staff with the regard to the next step that we should take
on this property. We have volunteered to us indications of interest from both
from the Federal Government- the Veterans' Administration, and Dade County in
purchasing this property. We also have one indication of private interest and we
have hesitated to really talk seriously with these people until we knew that we
could do it in good faith, We didn't want to lead them to believe that the Pro-
perty was available and then find out that in fact your policy was different, so,
because of that, my memorandum is recommending to you that you authorize the staff
to deal in good faith with these people to determine whether or not we have a' serious
offer to either sell. ,,to purchase the property from us so that we could sell, or
to lease it, And we also have, just in the last day or two, 1 understand, received
private expressions of interest, I mean, from private parties,
Mayor Ferrer Well, since we seem to be looking for mone► and l agree with that,
for so many other projects that we are going to need, it seems to me that that
makes a lot of Sense,
Mr, Grassier I guest what we ate saying is that we would hot wain to 'otter
into those discussions utless We could do so in good faith and that there wood
be some etcpectatioh of.,,
Mayor Ferre: Well, 1 thihk that to make it on a
to do is to get a fotioh oh the floor of ihtent,
earmark that for whatever use we would deterMit►e
record that our intentionis to sell it and that
take sottte other steps.
Mrs, Gordon: t have a motion, M;, Mayor. The motion Would be hot to sell the
property, that it be kept in pubic hands whether those public hands be the City
of Miami's or Metropolitan Dade County but that the property be kept for the
public's use. There are a number of reasons why the City of Miami would be fool-
hardy to sell this because if this size property were to be acquired'at some
future period of time when the City might need it for City use or public use, the
cost of acquisition would be triple. We would be, t think, insensitive to the
needs of future generations of Miamians if we let this property go and with the
complex needs of the Medical Center area I appreciate the needs of the Veterans'
Administration, however, I wonder why the Veterans' Administration has not gone
in and tried to make some use of the Cedars of Lebanon older, annex building, which
would be a very suitable area for additional medical purposes. As far as bade
county's need for the building, I am not sure Mr. Grassie, you have not said,
what they have told you if they have told you anything regarding the uses that.
they would be putting this property to, so the motion would be that a thorough
study of that property for public use be madeand not be, sold.
Mayor Ferrer
Mr. Plummer:
Mayor Ferre:
the motion?..
Mrs. Gordon:
property for
Rev. Gibson:
tion carries
advantage to
Mayor Ferre:
formal basis 1 thihk the thing
and then we would specifically
but 1 thihk we should go on
if We oah't sell it, theh we
I would respectfully disagree with the thrust of what...
Mr. Mayor, there is a motion on the floor.
I'm sorry. Is there a second to the motion? Is there a second to
.(INAUDIBLE COMMENT) Would you repeat your motion, Mrs. Gordon?
The motion was that we do a thorough study for the uses of this
public use and that we not sell the property.
I would not be opposed to seconding the motion providing the mo-
with it at this time, because if the study shows that it is to our
sell it, then I don't want to be precluded from selling.
Well, there's a second to the motion..
Mrs. Gordon: Well, Father, I couldn't preclude a future action, I would ask that
we know what we are doing so often we jump in the water and we don't even know
if we can swim.
Father Gibson: But Rose, the English language is very clear, if we say at this
time, then 30 days from now...if 30 days from now we want to change our minds,
we are not caught in a bind. Now, I think we need to get some guidelines in this
Commission. Now, if you don't want to do it that way, I'll withdraw the second,
Mrs. Gordon: Will you repeat the motion as you would be willing to second it,
please, Sir.
Rev. Gibson: I would go along with your motion not to sell the property at this
time until the study iS made, it will just sit there. And after we get the study,
if we want to change our minds, then nobody will say --well, you said you weren't
going to sell the property.
Mrs. Gordon: O.k., there is nothing wrong in your amendment or your revision to
the thought becuase what you are saying is that nothing precludes you from changing
your mind or me from changing my mind or anyone else from changing their minds
but the motion is that at this time we are asking for a thorough study of the uses
for the building and that We know where we are going,
Mayor Ferre; Ali right, there's a motion and a second. And now under discussion
I'd like to say Father, with all due respect to you and Mrs. Gordon, I disagree
and I want to give you the reason of why l disagree, In the first place, l have
no objections to selling it as long as it is used for public purposes and obvious-
ly if we sell it to Metropolitan Dade County that would be a public purpose. Now,
the fact is that the City of Miami does not have the money to do all of the many
things that we want to do, We east don{t have the money to do all the things we....
Now, I think we Would watit a youth cefitet there and I think that's a great idea,
but We just can't do everything, and I think that if Metropolitan Dade County
can put this property to use and if we are able to get paid for it, we could put
that money to better use, l think if we cart get some public body to us+r: that
properly ,,or even if we could join -venture it with Metropolitan tadr County
for a youth center but, you know, we just don't have the money to do everything
and therefore if there is a bona fide offer from a bona fide public body, like
Metro, to buy it l think we should ttot preclude that from consideration at this
tithe,, and its effect Father what we are doing is we ate precluding a full discussion
of this because if Metro cotes up and offers us ex millions of dollars for this
property and they are going to put it to use as a youth center or if it ig going
to be used as part of the Hospital complex or if it is going to be used for a
public purpose like that, it seems to me that by the rbtion that you are making
you are precluding any discussion at this point.
Mrs, Gordon: I don't think you ate precluding anything, Mr, Mayor, I think you
ate saying that you ate going to be moving ahead with facts and there is nothing,
wrong in knowing where you ate going with the proper facts behind you, I think
that's what the motion says and Father specifically clarified that from his point
of view. I noticed that said nothing about the Youth Center or the uses in my
motion because I specificially did not say that, I have said it too many times
in the past for me to be repetitious at this time and so..I leave the motion as
I said it.
Rev. Gibson:
to know that
if when they
say - that's
Mr. Mayor, so that
the reason I wanted
make that study the
where I'm going.
we don't misunderstand each other, I want you
that study was to do exactly what you said, that
figure makes sense to me I want to be able to
Mayor Ferre:, Yes, but you see, I think we are missing an important point Father,
the Manager, and I'm usually guided by the Manager because he is the guy who is
running the City and he is the one who knows what is happening on a day-to-day
basis. The Manager is saying that he has a bona fide interest on the part of
Metropolitan Dade County and the Veterans' Administrationtopurchase that Pro-
perty, what he is saying is that he does not want to go and negotiate with them
if, after he spends a lot of time negotiating with them, we turn around and say-
well, we don't want to do that, see..because that's embarrassing to him and it is
embarrassing to the City, and I think what we are really doing is really pre-
cluding him from doing that....
Rev. Gibson: No, no, no, (UNINTELLIGIBLE).
Mayor Ferre: Well, I'm afraid that it does, and we can ask the Manager, and I
think the way to about doing this is to give him a free hand in negotiating, then
he can come back and say, look- we are getting so much from Dade County, we are
getting offered so much by the Veterans' and this is what we in the City could
do with it and this is how much it would cost, and then I think we've got a clear
opportunity to make a decision, but in effect, what the motion is saying is it is
telling the Veterans' Administration that it is the intention of this Commission
as of right now not to sell it, and that's wrong.
Rev. Gibson: No, Mr, Mayor, the English language is very, very clear and specific.
You know, if the Manager must make a study. .let me say this, I'm not going to
give the Manager that authority, not Theodore, I'm going to give him the authority
to expl'ore,investigate and come back and tell me and then let me make the decision,
too many things, too many things, you see, I'm worried about what I see happening
and I'm not always in what is happening, and I want the Manager to go ahead,,,
that's what he is there for, to explore, and come back and tell me.
Mr. Crassie; Yes, Mr. Mayor, I think possibly we need a little clarification
because the motion, in my estimation, is not responsive to the recommendation
and, you know it need not be but we need to be clear that it is not, The only
thing that is being suggested is that the City indicate that it would seriously
consider the right kind of offer, you are not committing YeorselVes to sell,
but you are neither saying is that you have already decided that you will refuse
to sell; in other words, if you read the last paragraph in the recommendation on
that memorandum, item A on your Agenda, what we are asking for is not authoriza-
tion to sell, but authorizing to represent to people that the City Commission
will seriously consider a offer,
Mrs, Gordon, Mr, Manager, you heard the motion, and what you are saying is not
in line with the intent of the motion, I understand your reasons for pushing the
last paragraph on us at this time for a decision to sell., but that is not what
this motion is intending to make as a derision this morning. We are asking that
FEB
through you that you hire or use appropriate staff if you have them to OM to
us with alternatives, in writing, of the uses that this building could be put
to by the City or etjy other public agency, stow, that's not asking too teuch,
that's not selling, that's not ptetluditg a sale from some future time because
Tether Gibson included that possibility fot some future time.
Mr. Plurniner: Mr. Mayor, ;low 'cell the question.
Mayor ferte: All right, further discussion at this time. The motion has beets
made and seconded. Call the question.
THEREUPON THE MOTION PAIttn TO FAGS EY THE FOLLOWING 'VOTE.
Ayest Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Noes: Commissioner Manolo Reboso
Commissioner J. L. Plummer
Mayor Maurice A. Terre
Mr. Plummer: I want to ;Hake a motion.
Mayor Ferret All right, Mr, Plummer,
Mr. Plummer: The motion is that the Manager be authorized at this time to secure
for this Commission the highest and best use of that property with a recommenda-
tion to be forthcoming within 30 days.
Mrs. Gordon: Highest and best use, would you explain your terminology? I might
agree with you.
Mr. Plummer; As Father Gibson says, the English language is very clear. The
highest and best use. Doesn't preclude selling, it doesn't include selling --
the highest and best use.
Father Gibson: J. L....I tried to do the same thing, and I made sure to clarify
by saying this does not preclude the sale. We are dealing with semantics...
Mr. Plummer: That's right.
Father Gibson: All right, let me say this, I am going to vote for what you said
simply because Mr. Grassie knows he can't go and say we are going to sell, I want
to make sure that until he comes back in and tells us what the uses are...
Mr. Plummer: Father, the one thing that Joe Grassie ain't, is dumb.
Rev. Gibson: Well, you know, I'm not sure that we are always as brilliant as
think we are.
Mrs. Gordon: I don't think the motion is on the intelligence of any individual
here so I don't think we ought to address ourselves to that.
Mr, Plummer: It is very simple, my motion is that the Manager be authorized to
come back within 30 days with the highest and best use for this property as a
recommendation to this Commission.
Mayor Ferret Let me read this last paragraph into the record, this is February 4,
and item A is the last paragraph,...well, let me read the second paragraph:
"We received several inquiries from various agencies designed to lease
portions of the building. We have also received inquiries for the possible
sale of the total building and land. It has been very difficult for the ad-
ministration to deal with the different requests without the policy of the
Commission's intent."
There are several alternatives, and they are listed; one, two , three, four, five,
"If the Administration has reviewed the building primarily for City functions such
as Fire Department offices, it is our decision that this is not a wise choice, once
we agree that it will not be used for our own purposesi the position of the lease
for sale certainly becomes important, With our tight financial circumstances. 1
do not feel that the City should let this property become a drain our resources,
It is my recommendation that the City Commission authorize the staff to seriously
pursue either sell the building and land or leasing it to one agency on a long-
term basis without further investment by the City. This autiorization would allow
us to deal in good faith with other agencies and individuals and then bring to
the "City Commission the best alternative available," Mr, Grassie, it is my opinion
that the first motion did not support that position and therefore that's why 1
voted against it, My question to you Mt. Grasse is, in your opinio i, does this
Motion as made by Cottmi$sioher pluMmer support your position to pursue these
ttiatters.
Mr. Grassier Yea, it does.
Mayor Ferre: Ali right, is there further discussion
Mrs. Gordon: I have a question on the motions First of all, i didn't hear a
second, and, . .
Mayor Ferre: Commissioner t.eboso seconds the motion.
Mrs. Gordon: First of all, let's set the tone for the day's activities, Let's
try to keep our voices calm...I know this is going to be a very difficult day
but I would recommend seriously that, number one be deleted as a consideration
from any of the discussions which, number one, would be the one that t would
personally be opposed to and I think the community would be opposed to, and I
don't believe that that item should be included which is, the entire complex
could be sold, because that is not necessarily a public use. Mr. Flutter,
would you in your intent have included that it be sold?
(INAUDIBLE BACKGROUND COMMENT)
Mrs. Gordon: I don't think the sale part should be included at this time until
a study,as.Mr. -Plummer has asked for, be made and unless there is somebody wait-
ing in the wings with a contract ready that I have no knowledge of Mr. Grassie,
if this is the case, then tell me, is there somebody waiting with a check for a
deposit to purchase this that you know of?
Mr. Grassie: I've indicated Commissioner that we have at least three specific
indications of interest, one from the Veterans' Administration, one from Dade
County and just in the last couple of days a private party, I've just been in-
formed of this recently.
Mrs. Gordon: Well, I am asking Mr. Plummer if he had intended by his motion that
it be sold to a private party.
Mr. Plummer: My intention is no.
Mrs. Gordon: Okay, then I can go with the motion.
Mayor Ferre: Well, your intention is no on a private party but that doesn't mean
that you didn't speak to the sale...possible sale to Metro or to the Veterans'
Administration.
Mr. Plummer: Didn't speak to that at all.
Mayor Ferre: Okay, all right, I just wanted to make sure we understood.
Mrs. Gordon: But we are not making a decision to sell at this "time, it doesn't
preclude the possibility of your recommendation, Mr. Grassie, but you are not
authorized to go out and make a contract for sale in any event, so therefore
you are not going to be able to do it, but you are not going to be able to nego-
tiate with private parties either.
Mr. Grassie: Commissioner, you know, you've been around long enough that you
know we can't sell a piece of property without bringing the question back to you.
Mrs. Gordon: We recognize that, but we are also not authorizing you to negotiate
with private parties.
Mr. Grassie; I think the question, Mr. Mayor, should be clarified, Are we to
say to the private parties that we will not consider any offers from them.
Mrs. Gordon; That's correct,
Mayor Ferre; Well, if that motion passes, but I']i tell. you, I have very serious
misgivings about that for this simple reason, that i think it's going to curtail
your bargaining ability, now. this is a matter that will be discussed before this
Commission, you know, at the time that you have all these figures in, but I don't
think. . .now, I want to repeat that I ath in principle against that area gsas
a matter of fact, L. is toned for govetnthent hag so frankly there is no way that
a private person could buy that property attd use it but on the other hand if that
helps to get the pried up from the oounty and the Veterans' Administration, theta
I think all the Metter.
Mr Plummert We'll get an article published that we were offered $31,0OO OOO
for it.
Mrs. Gordon: Yes, that's the Way we operate, (LAUGHTER). Mr, Mayor, we are oat
the motion and we have this matter before us and it is...I don't know whether the
public is, itt your opinion, invited to say anything to any of these items of the
Committee of the Whole but I do know that there ate some people here who would
like to express themselves to you and if you would permit them and be kind enough
to let them, I think that Mt. Ken Friedman has some valuable information that held
like to give to you and Mr. Leslie Pantene and Mr. Romeo and. . . others.
Mayor ferret What's going to happen then is that this is not going to be Corm-
mittee of the Whole meeting and I would recommend that this be scheduled for a
full public hearing, at an appropriate time, this is not the appropriate time
Ken, 1 thing to do is to have the Manager pursue this thing to his conclusion
and then bring it up before this Commission for further discussion. I think we
understand what everybody's position is and I think we understand your restric-
tions on it Mr. Plummer. Mt. Grassie, is there anything else you want?
Mrs. Gordon: Mr. Plummer, repeat your motion, please so that.
Mr. Plummer: My motion is that the Manager be instructed to come back to this
Commission with a recommendation within 30 days for the highest and best use of
the old Municipal Justice Building and property.
Mayor Ferre: Seconded by Commissioner Reboso, is there further discussion.
Mr. Grassie is that clear.
Mr. Grassie: Well, the wording of the motion does not preclude receiving an offer
from a private party.
Mrs. Gordon: ..but Mr. Plummer said to you..
Mr. Grassie: He said "that's right".
Mr. Plummer: That's right, it is not my intent to sell to a private party but
it doesn't preclude your looking in, if you are going to come back to this Com-
mission with the highest and best recommendation, you've got to have the full
free hand to do so.
Mr. Grassie: Just so we all understand it, that's all.
Mrs. Gordon: No, I couldn't vote with the motion if,you intended to include
private enterprise in that motion, Mr. Plummer, I'd like to go along with your
motion and I thought that your intention was to exclude private sales, but if
you are including it, now I'm going to have to vote against your motion but
it may carry anyway.
Mayor Ferre; Further discussion, call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO, 77-107
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SECURE FOR THE
CITY COMMISSION A SUGGESTED PLAN FOR THE HIGHEST AND BEST USE OF THE
MUNICIPAL JUSTICE BUILDING PROPERTY, AND THAT SAID REPORT BE SUBMITTED
TO THE CITY COMMISSION IN A PERIOD NOT TO EXCEED 30 DAYS FROM THIS DATE
AND TO CONTAIN THE CITY MANAGER'S RECOMMENDATION
Upon being seconded by Comissioner Reboso, the motion W40 passed and adopted
by the following vote
AYES: Commissionet J t, PluMmer
Vice Mayor (1ev.) Theodore tt Gibson
COMMissioner Mano o Reboot)
Mayor Mautice A Vette
NOES Commissioner Lose Gotdor*
ASSENT: Norte.
*Mrs. Gordon: My vote is 'ono" because I have no intention of votingfor a Motion
that will allow the Manager to negotiate a ptivate sale.
Mayor Verre: Ken, we don't have. . . and Leslie and those of you who ate here
for discussion on this, when the Manager comes back with a specific recommenda-
tion, at that time, we'll have a public hearing and at that time you'll have ample
opportunity to discuss this and your view points. t would like to ask, Mr. Grassie,
that prior to that public hearing, that you send the interested patties a copy of
your recommendation and perhaps have staff discuss -with theta the alternatives that
they might recommend so that it won't be all brand new to you at the public hear-
ing, okay?
Mrs. Gordon: Mr. Manager, would you explain to me how you intend to proceed to
fulfill the requirements which have been asked of you by this Commission.
Mr, Grassie: Two things are involved, as I understand it, one is an analysis of
who would be interested and to what degree in operating the property under any
circumstances. .variety of circumstances, whether their own ownership` or for
any other circumstance, and the second implicit in the motion a request for a
recommendation with regards to highest and best use. Now, that could be under-
stood in a number of ways, that is basically as you know a real estate and ap-
praisal term and that has to do with what constitutes the best return from the
property. Now, if a different kind of an interpretation is to be placed on that
phrase, I think we would need to know it.
Mrs. Gordon: Mr. Plummer, would you further direct the Manager as to your ideas
when you made the motion of what you expect him to do to produce for you the in.
formation that you are asking him for. What are you asking him to do, to go home
and think about it and decide what he thinks is 'highest and best use'? or are
you asking to get professional outside counsel to assist in making this determina-
tion?, or what are you asking him to do?
Mr. Plummer: Rose, I'm merely asking him to come back with a recommendation to
this Commission telling us in his professional opinion --his professional opinion -
and that of the staff who will assist him what is the 'highest best use'for that
property and make a recommendation to this Commission. I am not precluding any-
thing.
Mrs. Gordon: You are not telling him that he shouldn't also seek professional
advisors who are not necessarily part of his staff are you?
Mr. Plummer: No, Rose, I'm not precluding that, If he wants that help he has...
Mrs. Gordon: You are not including or precluding it, therefore you are assuming
that he will use old, good judgment,
Mr. Plummer: I am trying to leave the motion open and with as much latitude
with the final authority resting with this Commission.
Mrs. Gordon: Okay, let's move along,
DISCUSSION OF NEW OWNERSHIP OF Y,W.C,A. BUILDING AND COVENANT,
Mayor Rerre; Take up item No, 8,
Mr, Grassie; This, Mr. Mayor, is a Progress Report for you on the question of
the Y,W.C,A, building. The most recent meeting On that question took plac€ on
the 8th and Charlie Crumpton is here, somewhere, to report on it,
Mr. Cruthptont The Progress Report you have in your package before you and
additional information was given to you today. As you recall, the property
is in the process of being purchased by the owttets of a fashion collt&e and
would be used by that college artd the dotthitory space at the Y,W,C1A, would
be used as dormitory for that college, This has been reviewed with the
Building beparttttent, the Fire beparttient, and other depattttefts of the City
and we have cote to these particular conclusions which appear in your package
Itt the ensuing tittle which we have developed the various Resolutions that would
transfer the covenant running with the land from the Y to the new owners aicd
also an agreement between the new owners and the City that will spell out
certain activities and rights and relationships between the college, the net4
owners and the City. These, although you have not received theta ahead of
time, you have them tow and we want to bring to you that we have resolved
all the questions that you had raised at your last meeting and have con-
eluded in a set of documents on those particular concerns.
Mr. Grassiet Excuse me, I was simply going to ask Mt. Crumpton to sutmttarize
the terms of that covenant.
Mayor Ferre: All right, why don't you go ahead and do that, then I have some
specific questions with regard to the agreement.
Mr. Crumpton: The transfer of covenant running with the land will say that they
would be able to continue using the facilities of the dormitories and that they
would be able to complete the upper part floors in accord with the permit that
was originally given to the building. Those are the two major items, that as
a part of the agreement then, we would be able to work with them it getting a
pedestrian easement from the Convention Center across the property in one or two
locations, to the City property to the west of the college. That in the event that
there would be in the Summer time whenever their college is not in full production
that some of their classrooms and meeting rooms would be available to the Convention
Center, that some of the dormitory space could be available under dormitory use
with the City and Convention Center and this would have to be worked out with them
and that there could be no abridgment of their right to use the facility as a
college and dormitory. That in the event that any of the convention -type uses
would abrogate those main reasons then we would not be able to use those for
that purpose.
Mayor Ferre: All right, are there any questions?
Mr. Plummer: Yes, I have a question. Charlie in this agreement or in the ---
let me see what you call it ---
Mr. Crumpton: Well, you have two Resolutions,one cancelling the existing one,
one creating the new one and then the agreement...
Mr. Plummer: I am speaking to the covenant. The thing that bothers me here is
that the only time this will change is if the status of the meeting rooms 'around
the cooking and kitchen facilities previously authorized by the City to remain
in the meeting as long as the building remains used as a dormitory with class-
room and meeting rooms", I find that objectionable. 1 think that that should be
there together with "as long as it is within the ownership of the parties who
agree." Now, to enforce my point, the Y.W.C.A. had this agreement which in fact
terminated when they sold the building. I think the same thing should apply to
these owners; when they sell the building, whoever is the new owner, would have
to come back before this Commission and likewise ,justify the existence.
Mrs. Gordon; I agree totally with you, Mr, Plummer, You then do not let control
of the use of that building out of the City's hands because they were given
special privileges originally and now we are transferring those special privi-
leges, in fact, enlarging upon them, and if we are going to do that without a
control at the termination of their use in occupancy then we fact, in effect,
waived our rights.
Mayor Ferre; I see the attorney for the group is nodding his head which means
he has no objections, is that right Watson?? (INAUAIMI.J),,411 right, now, Charlie
I also have these questions.
Mr, Crumpton: We will incorporate that into the covenant,
Mayor Ferre; Now. in page 2, item Z of the agreement between John Kettle and
Maria Floyd and the City of Miathi. It refers le the portion on the access to
the right of way. I want to brake sute that that is ,,and George, I think I
really should address myself to you now. Usually in contracts, and clause the
for playing lawyer, but the word reasonable is used, you know that such and such
Will be a 'reasonable'... Now, I noticed that it is not used anywhere here and
I was wondering if it would not bake it a little bit...if it ever gets to liti-
gation, that we have the word in A. B, C, the word 'reasonable', that perhaps
it would be stronger tot us.
Mt. Knott: On page two of the agreement?
Mayor Ferre: Yes, Sir, page 2, paragraph 2, it starts: "The parties of the first
patty agree to provide the City with a pedestrian walkways either along the northern
portion of the building or along the southern portion of the building only under
the following terms and conditions." Then I would add, 'a) that there will be no
reasonable effect upon the use of this property or diminishing of its value, b)
that said easement would be mutually agreeable to the parties of the first patty
and the City' -you know, and insert the word 'reasonable'
Mr. Knox: All right, the insertion of the word 'reasonable' once again, would...
the language, as it appears here, is absolute: The insertion of the word 'reason-
able' would allow for negotiation concerning this, and would also allow for reason-
able differences in interpretation.
Mayor Ferre: Because you see, otherwise what you end up with is that somebody
might say: 'well, I. don't like the way it looks, or we don't like where it is' or,
you know, it has to be within reason. If they have a valid reason for it I think
they have the right to object to it, but I think what we in effect are trying to
do is trying to get at this juncture is, while we have our bargaining power, to be
able to get the irrevocable right to connect those two government properties. If
they are agreeable to it, you know, now if they are not agreeable to it then that
is another matter. Now, the other question that I have is that it says: "pedestrian
walkways.easement either along the northern"...does that preclude it from being
above the ground?
Mr. Knox: It wouldn't, but once again, it leaves a great deal of room for inter-
pretation.
Mayor Ferre: Well, wouldn't we be better off by inserting 'either at ground level
or above ground level?' Again, if that is acceptable to the people who are buying
the Y. But I think this is the time to discuss it and not three years from now or
five years from now.
Mr. Crumpton: The intent of the pedestrian walkway easement is really an
(UNINTELLIGIBLE)
Mayor Ferre: That's correct.
Mrs. Floyd: Mr. Mayor, we agree with the City in the meeting where we met with
your staff.-- we all agreed that we would give the pedestrian walkway almost at
any point that they wanted it the problem was that the City does not know if in
fact they do want a pedestrian walkway at a later day or where it would go if
they did want it and that's why the line which was termed so loosely becuase of
the City and not because of the owners.
Mayor Ferre: Mrs. Floyd, my concern is that, you know later on you might sell the
property or the corporation, you might sell the stock of the corporation so that
the corporation would continue to have this, therefore there wouldn't be any
changes here but you wouldn't be involved in this, okay?
Mrs, Floyd: We don't have any objections.
Mr. Plummer: This agreement is not with the corporation, it is with the individuals.
Mrs. Floyd: That's exactlly right, and it is running with the land at the City's
suggestion, if I'm correct Mr. Crumpton, it was running with the land and its use
on the recommendation of the City as opposed to the individuals, we first asked for
to let it apply to us as our use as a college and a dormitory and then it was l
believe the City's recommendation that it run with the land and its use, We don't
have any objections to tying it back,
Mayor Ferre; Okay,
well, Mrs, Floyd, l just want to make sure that you won't have
any objections because I think if we can insert the wotd 'reasonable' in here
and if we can insert 'ground of above ground' I think it clatifies it, and if
it doesn't do any harts to you, then that's fide,
Mrs. Floyd: Mt, Mayor, we don't haVe any objection, our only problett is that
we ate running out of time with 400 students right now,
Mayor Ferret Mrs. Floyd we are going to vote upon this, I think, in just a little
while and I don't think that anybody reasonably could accuse the City of Miami or
this Commission of being in any way unreasonable...my God, we got this done in
several weeks, we are a hundred percent for you, think it is super that you
ate doing this, we welcome you there, it's great you know...
Mts. Floyd::Attd we want to go on record as saying that we don't object to putting
the word 'reasonable', thank you.
Mayor Ferre: Ake there any other questions?
Mr. Plummer: No, but I want to make a motion after this.
Mayor Ferret All right.
Mr. Plummer: I want to make a motion now to approve this in principle with the
stipulated changes to be corrected before it is brought up this afternoon for
the final vote.
Mayor Ferrer All right, is there a second the motion?
Mrs. Cordon Your motion, Mr. Plummer, was to make it mandatory that the City
review the covenant if it's transferred to a new ownership. Is that correct?
(INAUDIBLE) I'll second the motion.
Mayor Ferre:. All right, is there further discussion?,if not, call the roll.
THE MOTION TO APPROVE IN PRINCIPLE THE RESOLUTIONS
AND STIPULATED IN DISCUSSION WAS UNANIMOUSLY VOTED UPON.
(PLEASE SEE LATER RESOLUTIONS Nos. 77-112 and 77-113).
Mr. Plummer: Mr. Mayor, in the same vein, I would like the City Attorney to
draw up the necessary wording for presentation to this Commission that from this
day forward the Building Department be instructed not to issue any Certificates
of Occupancy to portions of buildings which are not completed. I think we see
a very fine example or where this building in particular, and I'm sorry I have
to use this building as the example, is going to go without sprinklers for fire
protection, where if the City had not issued the C.O. they would have to abide
by the new rules. I think it is for the protection of the citizenry that C.O.'s
not be issued on unfinished portions of buildings. That at the time that the
buildings are finished, the C.O. would be issued upon the laws as they exist
at the__present time, not allowing people to take advantage of the old laws.
I am merely asking that that Resolution be prepared and be brought back to this
Commission for consideration.
Rev. Gibson J. L., let me ask you. I just want to raise this question,what
would have happened to the Y if they were not permitted to occupy that building
until they had finished it.
Mr. Plummer: Father, that isn't what I spoke to. I spoke to that portion that
was unfinished.
Rev. Gibson; You don't want a blanket C,O „ you want a C.O. only for the finished
part.
Mr. Plummer: That's correct.
Rev. Gibson: Oh, well, I didn't hear that,
Mr. Plummer: For example, I am told at OMNI that only three of the floors have
been finished, of the 01MNI structure and the J,C4 Pennies, Now, under the way we
operated they obviously have got a C,O:, to occupy that building, They might not
complete the rest, of that thing for the next two years and the rules might radically
change at that time.
Rev, Gibson; Yes, I agree with you, but I just want to Rieke sure on the finishes
part,
Mr. Plum:Mert That is correct.
M I AM I DOLPHINS PASSEb LITIGATION R PORt by Crri AitORNEY •
Mayor Ferret We are now on Item No. C. Mr. City Attorney.
Mr. Knox: On January 28th, after hearing testimony and arguments in the case
of Miami Dolphins, Ltd. vs. City of Miami. From the Commission's point of view
I think that there is some language in there that I might want to precisely call
to your attention. On page 3, the first full paragraph,"found judgment provides
that they Orange Bowl i, available for pre -season, season and post -season games.
The community should be able to enjoy all that is possible, and the City should
be able to negotiate contracts for any or all of these games independently and
for the best rental based upon the most received. Now the import of the Courts
decision was two fold. Number one, the Court declared and I'll read the appro-
priate language, that, "the City does have the power to set rates for the use of
the Orange Bowl and to negotiate contracts for the uses of the Orange Bowl upon
its own terms." The terms ought to be worked out between the user and the City
and the Dolphins were specifically prohibited from utilizing as a precedent any
rate that's been charged anybody else pursuant to a contract. The court also
declared unconstitutional section 39-20 of. the Code and Ordinance No.8152 which
was passed on October 14, 1976 which purported to amend that Ordinance. The basis
upon which the court declared it unconstitutional is, and I'll read: "the court
finds as a matter of law that section 39-20 of the Code of the City of Miami and
Ordinance 8152 amending same are unconstitutional in that application of an ad-
mission's tax. The constitution ot the State of Florida provides that municipali-
ties may not impose a head tax on admissions' tax. This is a general law in the
State and the court found that our ordinances violated that. The court also
found that the City may negotiate for the best contract obtainable with the
Dolphins and the charges for the use of the stadium by any other entities is
not a basis for the Dolphins' assertions that they are being denied equal protec-
tion. The City enact legislation in conformity with the Florida constitution and
the Charter of the City of Miami fixing rates, etc. for the use of the Orange
Bowl. So that the City may by some other means than 'tax' assess fees, etc. for
the use of the Orange Bowl. The court does not interpret this opinion that the
parties must negotiate a contract or that the City must enact new legislation.
Now, you will recall that Section 39-20 only comes into operation in the event it
does no long term agreement with the users. And as a matter of fact the City does
have a long term agreement with the predominant uses of the Orange Bowl with the
exception of the Dolphins. The City has the contract with the University of Miami,
the City has the contract with Florida ANM University, the City has a contract with
the Orange Bowl Committee. Now, the last language and I guess this is the reason
why I asked that this be a discussion item, "the court will, upon proper motion,
determine the discharge of the sureties and the assessment, of monies due the, City
and costs to be later taxed." Now, you will recall that the Miami Dolphins for the
use of the Orange Bowl for 1976-77 posted into the Registry of the Court 9 surety
bonds for $45,000 each for each game that they played in the Orange Bowl. It re-
mains the decision of this Commission to discuss and establish a rate for the 1976
this past season, and we would then have to present this to the Court in order that
it may determine whether or not this rate is reasonable. I have indicated to the
Judge that I was not in a position, until after the Commission imposed a rate to
file the proper motion in the court which would ask her to approve the rate as
established.
Mayor Ferre; Let me understand this right because I think there is a certain amount
of confusion, at least in my mind, about this, From your explanation, Mr. Knox,
and from the final judgment by Judge Grossman, it seems to me --and the important
thing-- that our position was sustained, now, from reading the newspapers which of
course --well, I won't make that comment now-- let me put it to you this way, from
the comments as reported by the newspapers in regards to Mr, Robbie's statements
and his attorneys, Nr. Dan Paul, it would seem to me that they were saying that
we were completely demolished, destroyed and that we should have taken the wonderful
deal that they were offering` us when we could, and subsequent conversation with Dan
Paul by telephone informed me that it was his opinion that we had completely destroyed
our position because we could not come back to do through the front door what we
tried to do through the back door, Now, that's not what you told me legally, and
31
FEB JO1971
I think we need to have that kind of statement clarified, Now, you have already
done that this toning but what ate the neat steps to be taken here and What's 1
would like to ask the Manager also to recomittend what he thinks we should do'
Rev. Gibson: Mr, Mayor, let the take this observation, not only did the paper give
the wrong impressions the radio and the television gave the wrong impression, this
whole City Was besieged with comments and commentators that we had lost, and any
fool would have thought we had lost. Even a brilliant man would have thought we
had lost. The papers mislead the public, and so did radio, All you have to do is
ask for the record, because as a layman I thought- My God, we've lost the case, and
I thought this ought to be told here so that the public that we represent..,
Mayor Ferret Well, Rather, let me tell you, in this case as in other cases the old
saying: sticks and stones will break my bones, and as fat as I at concerned the
final proof of the pie is in the eating, not in anything else in between, so that's
all right, we've got to live with that in this community.
Mr. Plummer: Mr. Mayor, may the star witness at the trial make a comment.
Mayor Ferret All right, star witness.
Mr. Plummer: May I always be a loser and cry all the way to the back.
Mayor Ferre: All right, now, where do we stand right now? Do we have to pass a
new Ordinance?
Mr. Knox: We don't have to pass a new Ordinance, Mr. Mayor, as a matter of fact,
you might want to consider some time whether or not to pass an Ordinance because
historically, for example, may recollection associated with non -athletic uses of
the Orange Bowl, the City Commissioners authorized the Manager to negotiate agree-
ments for the use of the Orange Bowl. After having imposed a rate and having the user
or potential user agreed to a rate, there is no necessity, there is no absolute neces-
sity for an Ordinance. The only thing that we have to do is to regulate the use of
the Orange Bowl.
Mayor Ferre: Then, Dan Paul's conversationwith me...said that we would now be
limited to only charging what it cost to operate the facility, and I can hardly
believe that intelligent attorneys like Dan Paul would, you know,...but of course
he is entitled to that and I hope he was here this morning and perhaps he could make
that statement to all of us so that we could get that clarified. Where do we stand?
Mr. Plummer: Mr. Knox, isn't the whole wording of this entire court action sumed
up on page 3 , the second paragraph, the third line, "The City should be able to
negotiate contracts for any and all of these games independently and for the best
rental based on the most received."
Mr. Knox: That's the essence of the opinion. One of the things that the Dolphins
alleged was that unless the City imposed a fee or agreed to terms which were iden-
tical to the National Football League, they had been denied equal protection under
the Constitution. Now, this opinion definitively states that when parties are
dealing at arm's length, each of them trying to get the best possible deal, the
City is not constrained in its bargaining power.
Mr. Plummer.; Mr. Mayor, I do have one disagreement with the City Attorney which I
wish he would consider. Mr. Knox, in my lay interpretation, the court did in fact
rule that the two ordinances presently on the books are unconstitutional. It is
my opinion, by simple wording, these then become constitutional, --as I recall from
listening-- if we insert, where the word now appears as"tax" insert the word "rental"
or similar terminology, then that particular ordinance becomes constitutional, And
if that be the case, I don't think this Commission or I want to ever allow an un-
constitutional ordinance to stand in our books, So, I for one would be in favor of
changing the ordinances with the proper wording that would make those ordinances
constitutional,
Mayor Ferret Mr. Plummer moves, seconded by Father Gibson, further discussion,
This is a motion of intent instructing the City Attorney to make constitutional the
ordinances that are referred to by Judge Grossman in the Dolphin's case on a non-
emergency basis, All right, is there further discussion? Call the roll.
1
The folldwitlg Motion Was inttoduced by Comrnssionet Plutttet, who moved its
adoption.
MOTION NO. 77-108
A MOTION INSTRUCTING AND AUTHORIZING THE CITY ATTORNEY TO TAXE Tit
NECESSARY STEPS TO MAIMS ORDINANCE NO. 8152 AND ORDINANCE NO.8570
CONSTITUTIONAL, THIS STEP TO BE TAXEN ON A NON -EMERGENCY EASIS.
Upon being seconded by Commissioner Gibson, the iitotion was passed and
adopted by the following vote
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, ir.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Perre
NOES: None.
Rev. Gibson: Mr. Mayor, I want to make a further observation. I at not the smartest
than in this Commission but sometimes I have a doggone good metnory. t remember that
the very lawyer who objected to that ordinance was the lawyer who helped to construct
the terms of that ordinance. I wonder what would have happened if I was not at the `r'N
hearing, I wonder what would have happened if the Judge knew that that same lawyer
was party to the wording. You know, when you go to court you are supposed to go with
clean hands. Counsel, maybe you could react to that, you know the legal profession
I don't. I wonder if anybody told the public that the same man who objects to that
ordinance and took us to court and talked about the constitutionality of it, if anybody
if the public knew that that same man was a party to ...and to a large extent, wrote
the ordinance which raises another question in my mind that I'm not going to say open-
ly.
Mr. Plummer: Well, let's put it out in the open. What is he saying, Mr. Knox?
Mr. Knox: Commissioner, it is my understanding that the word "tax" was used in the
ordinance in order that the ..in order that the Miami Dolphins would receive some
sort of favorable tax treatment, in other words, I understand that a sales tax must
have been applied to the issuance and sale of the tickets were it not by a municipal
tax being exacted. Now, it is Mr. Robbie's testimony, Mr. Robbie did testify at the r",N,
hearing that this tax was not a tax at all, it was the usage fee imposed upon the
Dolphins and for mutual convenience the word "tax" was in fact used.
Mr. Plummer: And who was the attorney that helped draft that?
Mr. Knox: I have no personal knowledge about that, except that it did come to my
attention that the attorney for the Dolphins did suggest, recommend to whomever
drafted the ordinance that the word "tax" should be used.
Rev. Gibson: You see J.L, I was here, and I remember how heated that deal was.
Mayor Ferre; At this point, Mr. Grassie, it seems to me we need to make a policy
decision so that you will be guided as to what happens next in negotiations with
the Dolphins and before we get into that I'd like to extend the courtesy to Mr.
Grassie for him to give us his advice and then we'll see where we go,
Mr. Grassier There are basically, Nt. Mayor, two alternatives available to you
I would imagine, one is to simply arbitrarily establish a fee, when I say arbitrarily
I mean to simply establish a fee which you would decide upon and the other alter-
native is to get to that fee as part of a package which would involve a longer tern
lease for the facility and I think that the direction that you have discussed so
far is that you do want a lease for the facility. So, you do want us to accomplish
some kind of a lease than I would think that the amount to be charged for 1976
should be covered by that agreement.
Rev, Gibson; Are you through Mr, Manager? I want to mace sure that the Commission
hears this on the public notice, When Mr, Grassie came in we were talking about
negotiating that lease. I said I wanted to know when the meetings
were held end that t want to be part of it and be there. I never
knew, I think that the CCOMMiesion ought to negotiate that lease
and bring Mr. Robbie her to negotiate it with his lawyer, with our
lawyer, let the public see and let the public hear, let the public
know. Let me tell you, I had some anguish all week. 1 don't like
people Critioi2ng and dealing with me in the dark like sonic o
these people do and then take to to the public, take me to task EOr
the public. I've been here M. years and nobody has ever dared come
and say that Gibson was wheeling and dealing. I don't like it and
t think that the Commission, it ought to be done here. You all
have yourV recommendations, come in and tell us, a me in and let us
know because, you know, this public thinks that we did not call
Mr. Robbie when Mr. Colson and the rest of them dame here and you
all world be interested in knowing that Colson and I are friends.
They thought we never tried to have a meeting which is a lie.
Robbie never thought enough of us and we are walking around here
like our hands are tied to our back and we got to be all
and oh yes, Mr. Robbie. Well what happened to the University of
Miami, what happened to the Orange Bowl Committee people, they
made that stadium, they made it, not the Dolphins and nobody is
trying to down the Dolphins. I just want to make sure and you
know, Mr. Grassie, Iremember you. You said some things about
negotiating that contract that bothered me and I think I want to
hear it right out here and if I'm in order, I'm going to make that
motion, man. I may not get the votes but I sure am going to make
sure that these kinds of matters are dealt with so that the Commission,
since I got to take the heat, I want also to help light the fire.
Mr. Plummer: Mr. Mayor, may I make a comment?
Mayor Ferre: Alright.
Mr. Plummer: Mr. Grassie, I take exception with one comment that
you've made. I don't think that this Commission has ever expressed
that they want to set, a so-called arbitrary fee. I have asked the
City Attorney to look it up and it's really not that pertinent be-
cause I think everyone would admit that the present ordinance that
establishes the 15% has been on the books for a great number of
years prior even to the emergency ordinance which was unconstitu-
tional so I think really what is to be said is that this Commission
is reiterating its fee of 15% unless someone would like to come in
and talk about a long term agreement at which time this Commission
has the purview of reducing that fee so I think really what I'm
doing is putting the monkey on the proper back by saying that that
fee has been long established and unless somebody wishes to ne-
gotiate with this Commission for a reduction of that fee, that that
ordinance would stand.
Rev. Gibson: I want to sustain you, my brother.
Mr. Plummer: I feel better already, Father, thank you.
Mayor Ferre: In other words, are you making this in the form of
a motion, Father?
Rev. Gibson: That's a motion by Theodore Gibson, sir.
Mr. Reboso: Second.
Mayor Ferre; Alright, there's a motion and a second and as I
understand the motion, let me reiterate it, is that the Dolphins
be sent a bill based on 15% of each game and that that be due and
payable immediately except, however, that if they wish to negotiate
a longer term contract that they be informed that we would hear
them on February 24th on the regular agenda and we would be happy
to reconsider this at that time. Is that alright, Mr...
Mr, Hnox: I'd just like to add one point, Mr. Mayor. There are
two circumstances involved in this particular cage, Number one,
we have a situation where there was the ordinance under which we
sought to apply a fee prior to the Dolphins' use of the stadium
has been declared unconstitutional, Number two, the :utter is
14
FEB I 01977
now before the dburt. Now the Commission can prepare, we can prepare
for the Commission to adopt a resolution imposing a fee which will
represent 15% of the gross receipts. tie can then file that along
with the motion ihth the court and have the Judge determine whether
or not under all of the facts and circumstances, this 15% is reason-
able. Now the Judge has the prerogative, ih this particular instance,
to pass upon the reasonableness of the fee simply because the Dolphins
use the stadium and theta was n8 fee unposed or they did not agree to
a fee prior to their use.
Rev. Gibson: Let me make sure and understand but once we clear this
up, how do we get to that 15% uneguivioally so?
(INAUDIBLE)
Rev. Gibson: No, unless we negotiate.
Mr. Knox: Again, in this particular instance, the Judge can determine
whether or not this 15% is reasonable. After that, for any future use
at the Orange Bowl, if the City Commission takes a position that a fee
for the use of Orange Bowl, by the Dolphins or anybody else will be 15%
of the gross receipts, then that party has the option of whether or not
to choose to use the Orange Bowl under those terms and conditions.
Mrs. Gordon: Doesn't that fly in the face of the court's decision, Mr.
Knox, if we do this now?
Mr. Knox: I don't think so, Mrs. Gordon.
Mr. Plummer: I didn't hear your question.
Mrs." Gordon: I said, doesn't this fly in the face of the court's
decision if we do this now?
Mr. Knox: No. As a matter of fact, the court specifically said that
the City has the power to establish a rate for the use of the Orange
Bowl.
Mrs. Gordon: Yes, but the percent that's being used in that motion,
isn't that part of what the court's decision was that it was illegal
according to our ordinances, etc.?
Mr. Knox: No. The court declared illegal the characterization of
this exemption of money as a tax.
Mrs. Gordon: Where was the amount that was being placed in
that amount of money, how was that determined?
Mr. Knox: Once again, not based upon my personal knowledge but I
understand that the City sought to place an amount in escrow. The
Miami Dolphins sought to place a lesser amount in escrow and the
$45,000, as T understand it, represented sort of a compromise.
Mrs. Gordon: We did agree to that though.
Mr. Knox: Yes.
Mrs. Gordon: Well it would seem to me that we ought to just stay with
that because we did agree to that and anything other than that, it
appears to me would be contrary to our own position.
Rev. Gibson; Let me make this clear. Since we're talking about what
is done in secret around here, I had no prior knowledge, I had no prior
knowledge that we had agreed, l had no prior knowledge that the City
Attorney was signing. You remember we went to court and remember it
was found out that the City Attorney had already signed us away.
Mayor Ferre; That was Frank Weston.
Rev, Gibson; Right. I want to make sure everybody else understencis
that too and it gees in the record.
escrow
Mr. Plummer: Well) rather, so that the record is clear and only for
making the record clear r the City Attorney did not have the right to
Sign this City CbtiMiSei0h away as you put it. What the City found
itself th a position is that he stipulated with the court that they
would sign a Content Decree and when he cattle back to this Cotmtiission,
we had no other alternative but to ratify his action. t think that
is...
Rev. Gibson: a. L., ttm going to agree with you. Whatever language
you use, it was Signing us away:
Mr. Plummer: Father, I was notified two hours after the agreement
that it had been done and I raised holy hell then,
Rev. Gibson: You're darn right and we always talk about what'
in secret.
done
Mr. Plummer: Well there's a motion on the floor and "I don't recall
what it is. Would you reiterate the motion, Mr. Clerk?
Mr. Ongie: A motion that the Dolphins be sent a bill based on 15%
for each game that has been played due and payable immediately...
Rev. Gibson: Based on what?
Mr. Ongie Based on 15% for each game that has been played, such bill
to be due and paid immediately except, however, if they wish to
negotiate a long term contract. We will consider that on February
24th with a possible reconsideration of the fee.
Mrs. Gordon: T-?ould you take an amendment to that, Mr. Plummer?
Mr. Plummer: I didn't make the motion.
Mrs. Gordon: Father, did you make the motion? Would you take an
amendmentto that?
Rev. Gibson: What is the amendment?
Mrs. Gordon; The amendment, instead of 15%, be the amount that we
required whether, I think it was $45,000, whatever thousands it was,
that we send them a bill that we received that money.
Rev. Gibson: I went for 15% and let me explain why I went for 15%.
Since the court is going to use its judgement anyway, certainly I hope
the court wouldn't offer us less than the 45 but we want to make sure
that Mr. Robbie and the Dolphins understand. That stadium belongs to
the people and they don't set the pricetag on that stadium. We who
represent the people set the pricetag,
Mayor Ferre: And if they do, this is going to be a sad day.
Rev." Gibson: You're darned right.
Mayor Ferre: It's already a sad day but I would say it would be a
little sadder day.
Mr. Knox: I might add one thing with reference to the motion as read.
I would request that the maker of the motion delete that portion which
referred to propering a bill to the Miami Dolphins because the matter
has to be still. determined by the Judge.
Mrs, Gordon; You suggested to delete the what?
Mr, Knox; A part of the motion read that the Dolphins be tended
Mayor Ferre; And what he's saying is strike that because in effect)
what we ought to do is set the policy and let the City Attorney then
go to the court and present that to Judge Grossman.
Rev, gibson; Alright) then the policy would be 15%.
tie ene of the
That would be
FED
i 1977.
Mayor Forte: Alright, is there further discussion tin this iter?
Mr. Plummer ter. Mayor, I will be voting against the motion solely
for the reason that the motion speaks to other thine such as negoi-
tiatitns fair a long term lease. I think at this preaent posture, a
motion should speak only to that we surrender a bill to Miami bolphins
and to the court for approval for 15% of the 1976 saastn.
Rev. tibson: J. L.► you cafe with the long ter lease, l didn't...
Mr. tlUmmer: That comes in another motion.
Mayor Pierre: If 1 may, I think that Plummer is correct. t think that
this should be divided into two motions. one simply that we instruct
the City Attorney to go back to Judge Grossman and present to Judge
Grossman a 15% based on that and then I think the second motion should
be a lb .
Revs Gibson: That's the motion.
Mayor Pierre: You're amending your motion limited to that
point,
Rev. Gibson: I want to withdraw the motion and deal with one motion
that we present to the Dolphins a bill for..
Mayor Ferret No, to the court.
Rev. Gibson: To the court...
Mr. Plummer Excuse me. The bill has to be made out
but surrendered to the court for approval.
Rev. Gibson: Well you follow the procedure for 15%. That':
sense of the motion.
Mayor Ferre: Is there a second to the motion?
Mr. Reboso: Second.
Mayor Ferre: Seconded by Commissioner Reboso. Further
Call the roll.
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
t this
to the Dolphins
the
discussion?
NOES: Commissioner Rose Gordon
(THE PRECEEDING MOTION WAS DESIGNATED MOTION NO. 77-109. PLEASE SEE
LATER RESOLUTION NO. 77-139).
ON ROLL CALL:
Mr. origie: Mrs. Gordon?
Mrs. Gordon; I vote "no" because it is contrary to the
agreement of the City as to the amount of monies that
were to be placed in escroe for those games.
Mr, Ongie: Mayor Ferre?
Mayor Ferre; The amount of money placed in escrow was a
determination of the court and had nothing to do with the
City's eventual bill which is precisely what this lawsuit
was all about and precisely what we won in court. Now I
think the points that have been made here this morning are
that Mr. Robbie come directly to the Commission and negotiate
this whole matter openly and publicly and since that seems
to be the first of things these days, 1 think that is a
reasonable approach. We're all learning as we move along.
It seems to me that that's the consensus of opinion of the
dbt ft 1 ity that these matters be negotiated and discussed
and debated and decided openly in a public forth rather
than by the Manager directly with Mr. Dan Paui, As a hatter
of fact, Ht. tan PaUl iS really tide of the Main ekponenta
of that theory so I'm sure he'll be very happy that this
is going ih that direotiot. So in the face of the decision
made by the court and in the fade of whatthis Commission
has tried to de in the past and acting reasonable, it seems
to me that this ih donjutction With the nett motion that's
goitg to be made is a reasonable thing for the City to do
and therefore I vote with the motion.
Mayor Ferret Alright now, Father, you want to make a second motion
as I understand.
Rev. Gibson: No, J. L. had that..
Mr. Plummer: No Father, because I'm going to pull a trick on you.
Mayor Ferret Well I think that unless...
Mr. Plummer: Well I'm going to tell you right now that there is no
further motion at this point. Now that's my opinion.
Mayor Perre: I would disagree with that.
Mr.
Plummer: ` Okay, you disagree.
Mayor Ferre: Let me give you my opinion on it so you understand. 1
think that this community and that means the City of Miami and the
people of Miami, love and are proud of the Dolphins. Now it's one
thing for the United States to have a disagreement, for example, with
the government of the Soviet Union and it's quite another thing for
the people of the United States to have a disregard for the people of
Russia. Now they're two different things. Now we may have a disagree-
ment with Mr. Joe Robbie but I would hope that that would not in any'
way affect the relationship that we have with the Miami Dolphins which
are a group of individuals that play an important role in this
community. I think we have got to continue to show good faith that
we are always willing and able and anxious to sit down with Mr. Robbie
in the public process and openly discuss with him and negotiate with
him a reasonable fee for a medium term contract which is evidently
what he wants to do. Now I_ want to remind the Commission that when
this matter was brought before the Commission, Father, I voted in the
minority. The vote was 3-2. The consensus was that the Manager's
statement as he presented in memorandum form was not basically unaccept-
able to us but that what we wanted to do was we wanted to take it to
court and get through the court process and after the court process,
then we would give this consideration. Therefore, it seems to me that,
and I'll pass the gavel over to you and I'll make the motion that this
Commission go on record basically beyond the 1976 season which was
covered by the previous motion, that we would accept in principle,
the broad outlines of the memorandum given to us by Mr. Grassie pro-
vided however that Mr. Robbie come down here on the 24th to openly
discuss it and at that time the Commission will be subject to change
depending on what this Commission negotiates with him but that in
principle we invite him to come down here on the 24th to negotiate
this based on the broard, general premise of the outline given to us
by the City Manager.
Rev, Gibson: Is there a second?
Mrs. Gordon. Change your motion more concisely, please.
mayor Ferret My motion is that the City in principle accept the broad
outline of the Grassie memorandum that was discussed at the January
27th meeting and given to the commission and discussed by the Commission
and that Mr, Robbie be invited to come down here on February 24th to
further discuss this contract,
Mrs, Gordon; Precisely and concisely, Mr. Graasie, will you summarize
your memorandum that the Mayor is referring to as your memorandum,
Mayor ?erre: you have a Copy of it Would you give her an ektra
•ropy of that
Mr. Orassiet Yes, l certainly will,
Mrs. Gordon: If we are including that as a part of a tion, Mr.
Mayor, the record should reflect what it is
Mayor Ferret Yes, I think we should make your M6MO a part of the
motion if it gets a second and pastes.
Mrs Gordon: well I might second it if the Manager will summarise.
Mayor Jerre: tatcuse me, for the record, I'd like to, because I know
that sometimes we forget about these things and I do all the tire but
we voted for that and i want to remind all of you on the Commission
that the vote went 3-2 and that the two people that voted for the
Manager's recommendation were nose Gordon and myself.
Mrs. Gordon; I remember that, M. Mayor.
Mayor Ferre t•1e had voted on this
Mrs. Gordon: tut there are people
who are representing press who are
dations and for the benefit of the
possible.
item before.
in the audience today and people
not familiar with those recommen-
public, let's hear it as simply as
Mr. Grassie: The basic terms of the memorandum, Commissioner, were
these: 1- that the agreement cover a period of four (4) years
starting with the season of 1976 and running through the season of
1979. That the compensation of the City for each of those years be
in the year 1976 and 1977, $40,000 per game. In the year 1978,
$42,500 and in the year 1979, $45,000 per game. In addition to that,
the Dolphins agreed to the following 5 points. 1- that they would
sponsor with the City a study of needed improvements in the Orange
Bowl, each party contributing $20,000 towards that $40,000 study;
2- that they would make their best efforts available to secure for
the Orange Bowi a superbowl game as I recall in 1979. That they would
do the same for a pro -ball game in 1980, that they would work with.
the City to secure a first class scoreboard paid for not by the City
but by private parties. That they would work with the City to increase
revenue to the City from concessions and the extra return to the City
was conservatively estimated at $250,000 a year and last that they
would maintain an open mind on the question of signing a long term
agreement with the City once the improvements to the Orange Bowi have
been agreed to.
Mrs. Gordon: Now that it's clearly understood what your reference
was, Mayor, I'll second your motion.
Mayor Ferre; Alright then, Father, you've got the Chair. I made that
motion and it's been seconded.
Rev. Gibson: Any discussion? Call the roll, please.
(THE PRECEEDTNG MOTTON, INTRODUCED BY MAYOR FERRE AND SECONDED I3Y
COMMISSIONER GORDON, FAILED BY THE FOLLOWING VOTE)
AYES; Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES Commissioner J. L. Plummer, Jr.
Commissioner ManolO Reboso
Vice -Mayor (Rev.) Theodore Gibson
Mayor Ferre: Alright, I'll take the Chair back. Are there any
further items to come up with, in reference to item hwmber "C" of the
9; 00 agenda with regard to the Miami Dolphins?
Mz., Plummer; No, but I_ have a statement of intent as it
the Orange I3ewl,
Mayor Ferre: Go ahead.
Mr. Plummer: Mr. Mayor, I think that we should have a statement of
policy of this Commission that, in fact, the rental of the Orange
Bowl on an individual basis type of event is 15%. That this Commission,
at any time, will be willing to discuss With any party a reduced rental
based upon Certain terms and conditions.
Mayor Ferre: Are you making that in the form of a motion?
Mr. Plummer: I'm making that as a statement of policy that this
Commission reiterates its position that the 15% is the fee, the rental
of the Orange Bowl. That this Commission is willing, at any time,
to discuss with any party a reduction in that rental...
Mayor Ferre: Mr. Plummer, I would recommend that you make that in the
form of a motion so that the policy of this Commission be set so that
the Manager can follow it otherwise, right now, all we've really done
is we've told the Manager, the City Attorney to present a bill to the
court to the Dolphins through the court of 15% for the 1976 season
and I think it's important that your statement of policy be not a
unilateral statement on your part but that of this City Commission
which therefore makes it policy otherwise it's just your own personal
feelings.
Mr. Plummer: Then, Mr. Mayor, if that is the proper procedure that we
should follow, I so offer.
Mrs. Gordon: Mr. Knox, what's your legal opinion?
Mayor Ferre: Wait a minute, Rose. Let's see if we get a second and
then we'll get into discussion. Is there a second? Seconded by
Reboso. Alright, Mr. Knox.
Mr.. Knox: I'll just remind the Commission that the original Orange
3ow1 bond issue provided, number 1, that there shall be a fee imposed
or a rental imposed upon use of the Orange Bowl of not less than 10%
and not more than 15% unless there's a long term agreement and the
second thing is that this would be considered. The Commission has
instructed the City Attorney to prepare an ordinance which would
establish a rate and this would be of consideration in the preparation
of the ordinance.
Mr. Plummer: Well if you want me to reword it, Mr. Knox, I'll reword
it this way.
Mayor Ferre: He didn't say that. Do you want it reworded?
Mr. Plummer: Do you want to reword it?
Mr. Knox: No argument
Mr. Plummer: Oh, because what I was going to proffer, and if you'd
like this one better I'll be glad to offer that. That the present
ordinance that is constitutional on our books be the prevailing
ordinance. That comes out to 171%.
Mayor Ferre; You don't heed that.
Mr. Plummer: Well I'm asking. If that's what you want, I'll go with
it.
Mayor Ferre; It's a completely different motion because the first one
establishes the policy of the commission in negotiations
with the Dolphins so that the Manager can be -guided accordingly, The
second one, all that does is reiterate what's already in the books,
You don't need to reiterate what's in the books,
ter, Plummer; Well except that I want it to be fully understood by
all present that this Commission is willing at any time to sit down
with anybody to talk about a reduction in that fees
Mayor 'erne ;Aright, but I think you've established that with your
first motion.
Adw
Mr. Purer Okay,
Mrs. Gordont 1 think the whole thing is just being reduidaht because
you really have covered those facts that you're trying to say again
and again and, in fact, 1 don't think it's necessary, 3. t., for ue
to say it again. NO ve said it in the first motion
Mr. plu nest too, the first motion only speaks to 1976, hose,
Mayor Ferret Further discussion on this item?
Mrs, Gordon: Well we have instructed and the Attorney is instructed
to prepare amendments to our ordinances to provide that they hot be
challenged as illegal, Correct? And 1 think we should leave that
in his hands and not muddy the waters at this time.
Mr. Knox: In the ordinance that the City Attorney's Office would
draft, we would, number 1, refer to the original bond ordinance in
terms of the establishment of rates and that would include a con-
sideration for long term agreements at less than the rate that we
would impose under the ordinance,
Mrs. Gordon: So you already have your instructions and that's why I
asked you, Mr. Plummer, if you would withdraw your motion because I
think it would, as Z said before, be redundant,
Mr. Plummer: Rose, if Mr. Knox feels comfortable with that I will so
withdraw the motion but the thing that I'm trying to burn on every-
body's mind very clearly so we don't have to set the record straight
is that this Commission is willing at any time to sit down with any-
body and talk about that reduction.
Mrs. Gordon: I don't think there's any question that anyone...
Mr. Plummer: Well there is some question, Rose, because the Mayor
motion spoke of us going to Mr. Robbie.
Mrs. Gordon: Alright, I think we've covered it pretty good.
Mayor Ferre: Well there's a motion and a second on the floor...
Mrs.
Gordon: Mr. Plummer said he withdrew it.
Mayor Ferre: Are you going to withdraw your motion?
Mr. Plummer: Mr. Knox, do you feel comfortable that you don't need
that motion?
Mr. Knox: Yes, sir.
Mr. Plummer: I'll withdraw it.
Mayor Ferro: Well, Mr. Grassie, do you feel comfortable that we don't
need that motion?
Mr. Grassie: Mr, Mayor, in my estimation, the actions of the City
Commission are such that the only avenue that is open to you is for
you, personally, as a body, to sit down with representatives of the
Dolphins. You should be aware that you have left no negotiation
possible at any other level. That is my understanding of what you're
doing,
Mr. Plummer: We didn't vote on that, Mr. Grassie,
Mr, Grassier That's my understanding of the practical effect of what
you're doing,
Mr, Plummer. Well if that were to be proffered in the form of a
motion, f Would vote against it.
Rev, Gibson: Well the newspapers tell us we have no business and
some others feel that way too, Mr. Grassie, don't forget that, we
don't need to be negotiating certain public matters other than in the
open, Remenber that? one hell of a newscast for the last 10 days.
Mr, Mayer, yeu were out of town but 1 want to tell you that you don't
know how good God was to you by having you out of te5wt so they don't
beat your head off, boat your hair off your head.
Mr. Plummer: All that did, Father, was cot him a lot cif icing distance,
Rev, Gibson
Mt, Plummer:
Mayor Ferret
Right,
well, speaking for one, !sir. Grassie. , .
Let's get on with this thing.
Mr. plutttmer: As far as I'm concerned, i think that the policy that
hag been long followed by this Commission of the prior and beginning
negotiations being given to the Administration should be followed.
Of course, without question, it has to come here for any further
negotiations and final settlements and I see nothing wrong with that.
Mr. Grassie: Well simply a word of clarification so that we all
understand the consequences. I do not disagree with what you have
said, Commissioner, I want you to understand the consequences. The
consequences are that no serious agreement can be reached at a staff
level if the persons negotiating understand that once they're done at
that level they come to you and start again. Now it's just as simple
as that.
Rev. Gibson:
Mr. Grassie:
Rev. Gibson:
Mr. Grassie:
Rev. Gibson:
with me.
I have no objection with that, Mr. Grassie.
Fine, just so...
I have absolutely none.
Believe me, that's the way it's going to be.
Alright, S have no objection to that. The heat stops
Mrs. Gordon: The Manager is charged with that kind of responsibility
and as far as I understand, that's part of your duties to perform
those things and I don't think you need to have a policy decision,
it's so written in the Charter that you shall...
Rev. Gibson: Let me say, Mr. Mayor, what I think I hear. The Manager
thinks the staff ought to bind us and I want to tell everybody that
I'm not going to be bound.
Mr. Grassie: That's wrong, that's not what I said.
Rev. Gibson: Okay, let's make sure you aren't going to bind me.
Mr. Grassie: But
let me make sure that you understand what I've said.
Rev. Gibson: Go ahead, let me hear it because I don't like the way
you all do this business.
Mr. Grassie: Commissioner, you know that there is no way that a staff
position can bind the City of Miami. Any agreement has to be reached
by the City Commission. But the fact is that you cannot, in this
organization, in your organization or any other organization, have
any kind of effective staff work if the people with whom your staff
are dealing know that those negotiations don't mean anything, Now it
is not a question of prerogatives, it is not a question of the Charter,
it is simply a question of the practical reaction of the people who
deal with your staff. There is no way that we can bind you, there is
no legal way that we can do it, It is simply a question of whether
or Dot the people with whom we deal feel that you, generally, most of
the time, will concur with the majority of the recommendations. Not
with everything, not all the time, but just basically most of the time.
Mrs, Gordon; M'. Grassie, then I misunderstood you and Father to this
extent that yoti are saying that, in effect, what he said is right be=
cause you're saying, and l didn't know that you had that understanding
that we have to consider your recommendations or your staff
FB£01977,
reobmM hdatio S as being usurped if we doh t agree with it. I think
that part of your job is to do this kind of thing So that we shall be
better informed and if we don't agree, that's our prerogative but not
that we or you feel that we have diminished your effeotiveheas.
Apparently that's what you are saying that if we don't agree with your
recommendation or your staff recommendations of negotiations on what-
ever. That's not what you intended, is its
Mr. Craseie: Mb, Commissioner.
Mayor Ferret That's not only not what he intended, it also is
he said.
Mrs. Gordon: Year it's what he said but it's not what he intended.
Mayor Verret Mr. Grassie, t think we're just going around in circles.
l know that this is all due to many, many hidden agendas and hidden
reasons that some of us understand and some don't but 1 think the
point of it all is very simple. I think we're just going around in
circles. As far as I'm concerned, I think it's patently clear that
you have a responsibility to and have had to negotiate this, you have
in good faith, the Commission has under the Charter of the policy-
setting role and I'm sure you understand that and you've guided
yourself accordingly. i don't think that that's any question. I
think the only thing that is being discussed here is practically where
are we and where are we going because we waste an awful lot of time
in this City and this community talking about an awful lot of theory
and an awful lot of stuff which keeps us from becoming the San Antonio'
the San Francisco's and the Philadelphia's and Boston and we just keep
on going thrashing, this is a community that loves to thrash, mostly
negatively and here we are again. I think it seems to me that the
Commission has established the policy as of right now that since
attempts in the past that failed through no fault of yours and at this
time they want to deal directly with Mr. Robbie and that's the thrust
of what Father Gibson has stated and my position is somewhat different
from that but it was voted down 3-2.
t what
Mr. Plummer: No, you're wrong.
Mayor Ferre: My position was simply that we follow the Manager's
advice and that's exactly what made into a motion, Rose Gordon
seconded it and that went down 3-2. Therefore, the Manager's advice
has been rejected.
Mrs. Gordon: On that particular item.
Mr. Plummer: On that particular memo.
Mrs. Gordon: That's right.
Mayor Ferre: of course on that particular.. That's got nothing to
do with Marine Stadium or the FEC park or anything else.
Mr. Plummer: Does it preclude him coming forth with another memo?
It doesn't preclude him from sitting down and talking...
Mayor Ferre: Of course, J.'b., but we're not talking about another
memo, we're talking... The motion was very simple, we follow the
Manager's advice. After he has negotiated in secret with Joe Robbie
closed in a room with Danny Paul, enclosed, and he came back with his
secretly negotiated recommendation which has now been made public and
now the Commission has rejected it because it was secretly negotiated,
Mr. Grassie; I'm beginning to understand that, Commissioner,
Mrs. Gordon; I think that's an assumption, Mr. Mayor,
Mayor Ferre; So anyway, let's get back to the reality. The reality
of the situation is that there...
Mrs. Gordon; Can we move along, Mr. _Mayor?
I
1.
FEB i 01971.
Mr, Plunth er: bid you haVe a take?
Mayor Verte: You mean to tell me you went and did this all without
any.,.
Mrs. Gordon. While you're on the subject of the very delicate itemg
I'll just make a slight comment, Mr. Grassie, to you, as the Man acer
charged with the responeibi1ity.
Mayor Perre: to this going to be a gutsy comment?
Mrs, Gordon: Well it depends on how you look at it, Mr. Mayor, tint
the point I want to make and the point l think is important for me
to relate to you and to your staff and to anyone else is that any
information that is made available to any person on this Commission,
whether it be the mayor or whether it be a member of the Commission,
that it be made available to all members of this body and not that
anybody not receive all information on all matters which you are
furnishing to one. That has been the custom in the past as I remem"`
ben that if a Commissioner requested information on whatever subject,
that information was given to all and I just ask if that policy is
still being followed and if not that it be followed. Thank you.
Mr. Grassie: Comment, Mr. Mayor. Yes, the policy is that with regard
to any kind ofagenda item. Now each of you, not least of which
Commissioner, in your case, have called me personally and asked for
a piece of information and we try to provide that. I have not made
the policy of telling everybody else that you called me and asked me
for something.
Mrs. Gordon: We used to do that.
Mr. GrassieTie11 I'd be happy to do that if that simplifies my life
but I have not understood that that's the way you wanted me to treat
a communication from you to me asking for something.
Mrs. Gordon: Nell that's the way it always was done before as I re-
call because it helped. It, first of all, will cut your workload
because maybe more than one Commissioner is developing the same idea
and if you have to communicate individually on things of that nature,
you're going to have to duplicate your efforts and by your giving us
that information, we will be better informed and if a matter should
come to the table at some future time, we will also have background
material available to us.
Mayor Ferre: I think this is an important matter of policy and I
might say that, as I recollect, and I served on this Commission as
you know since 1967 and there were a few years in between that I was
not involved but the policy of Mel Reese, as I recall, was that if a
Commissioner asked a question on a specific subject, that Commissioner
or the Mayor would get a specific answer. They would not be distri-
buted to all members of the Commission. On the other hand, Mr. Paul
Andrews, I think, changed that policy and he, if any one of us would
ask a question, would then send copies to everybody of the answer.
Mrs. Gordon: Right, and then there was no question about what was
being done and nobody felt left out.
mayor Ferre: I think that's a reasonable request and I would subscribe
to it, Mr. Grassie, as a matter of policy, I think that way we don't
get into all these confusions or jealousies or whatever they're called,
Mrs, Gordon: Actually, we'll be more effective aS Commissioners if
we are given that kind of information,
Mr. Grassier Basically what we have been doing,.,
Mrs, Gordon: We have no secrets from each other or from the public
so consequently whatever you give to me should be available to them.
Mayor Ferre; I'm glad you grade that statement, Mrs. Cordon, it's
very reassuring that you feel that way.
FEB101971,
i
Mrs Cordon: is that a gutsy ono
Mayor Parra: Well its a contradictory and but .
Mrs, Gordon: it is? Why/
Mayor Pere Yea, because t think..
Mrs. Gordon: The public shouldn't be included?
Mayor ?erre: No, the implication is that there are se rot agendas...
Mrs. Gordon: No, I say that nothing is secret. Every document, every
piece of paper we own, we don't own, we borrow, we use but it don't
belong to us.
Mayor Verret Alright, let's get on with the subject. I think unless
somebody disagrees with the statement, it makes sense. I would sub-
scribe to doing it just that way.
Mr. Grassier Now does that extend to telephone conversations?
Basically, the policy that we've been following is that anything that
we write by way of response goes to everybody. If you ask me a question
on the telephone and I can answer you, I'll answer you and...
Mayor Ferre: Absolutely, I think that goes for conversations too. I
think everything should be recorded and taped and made available to '.
the public. I don't think you should have any discussion with any
Commissioner or anybody that isn't fully recorded and discussed and
open for public scrutiny at all times.
Mrs. Gordon: It might include a little more work on your part but it
certainly would enhance your position.
Mayor Ferre: I don't think that any discussion should go on between
you and any Commissioner or the Mayor without it being fully recorded
and taped and open and available to the public at all times.
Mr. Plummer:- We're sure getting awfully righteous around here.
Mayor Ferre: Well I think we're in that kind of a situation.
Mrs. Gordon: I had read in the Charter and other places that as far
as we're concerned' as occupants of portions of this building that we
shouldn't even lock doors and that is a fact. The public is entitled,
as I read it, to enter at any time and be present regardless of what
and I believe that's under the Sunshine Law so we're not asking for
anything that irregular or irresponsible.
Mayor Ferre: Well can we get back to...
Mr. Plummer Government by crisis.
Mayor Ferre: No, this is...
Mr. Plummer: Mr. Mayor, may I conclude if it is in fact to be con-
cluded, the report on the Dolphins as listed on the agenda as item "C"
as I understand it. Number 1, we will make the ordinances which have
been declared unconstitutional, constitutional. Number 2, we will
send a bill to the Miami Dolphins and to the court for approval for
the 1976 season for 15%. Number 3, the policy of this Commission is that
we will entertain from any party discussion relating to a possible re-
duction in the 15% fee. Po I understand that correctly? Just so the
record is clear, it doesn't preclude.
Mayor Ferre; Well we've said this about 10 times...
Mr.. Plummer: But the Manager is uncertain and he's the man that's in
the driver's seat.
Mayor Ferre; I don't see that the Manager is uncertain, 1 think he
hasn't been as certain of anything as he is right now of an awful lot
of things.
i
Mrs
dordoni Mr. Mayor, may we have a 5 minute break/
Mayor Ferret After we odndlude item "C". bees that Conclude its
Mr. Plummer: That' a the way I understand it and I just wanted to intake
sure that that's...
Mayor Verret We have not dalied the roll On the third m ticn, you're
right' Mr. Ongie,..
Mrs . Oordon : He withdrew that motion,
Mr. Plummet: t said policy, I didn't say...
Mayor Vette: ...because it was withdrawn. I'd like to finish what I
started out as a full sentence. Did you understand, Mr. Ongie?
Mr. Ongie: It's withdrawn and it's just a policy statement.
Mayor Ferret That's correct. Is there anything else to come up on
item number "C"? If not, we'll take a 5 minute break.
DISCUSSION OF FiE.C.-OWNED PROPERTY; PARK BOND FUNDS AND
ENGAGE SERVICES OP APPRAISER.
Mayor Ferre At this time i'll recognize the City Manager for a
statement. Mr. City Manager.
Mr. Grassie: Mr. Mayor, the question that you have in front of you is
the purchase of the so-called FEC parcel and what we want to do by way
of introduction of this question is to give you the full background on
what was proposed in the Parks For People bond issue, what has happened
since that bond issue was approved and exactly where we stand today.
Vince Grimm, who has done much of the work with staff on this, will
introduce the subject and will try to answer your questions on specific
projects, where they stand, what the monies are and exactly what degree
of flexibility is available to the City Commission at this stage.
Mr. Plummer: For the record I want... Oh, I don't have to, he's here.
Mayor Ferre: Alright then, would you please then proceed.
Mr. Grimm: Mr. Mayor and members of the Commission, one of the reasons
why you see this first chart is, for your memory, you may have to think
back that the City was contested in its right to validate the bonds.
The FEC railway and the Grapeland Heights Civic Association joined to
gether and contested the City's right on the basis that the item on,
the ballot was too vague, too general and not specific enough for the..
Mayor Ferre: wait a minute.
(INAUDIBLE)
Mayor Ferre: Okay because I think this is important that we all follow
this very carefully,
Mr. Grimm: ..,and not specific enough so that the freeholders could
arrive at an intelligent decision, At the lower court, the court up-
held the City's right and this was appealed directly to the Supreme
Court and the Supreme Court equally upheld the City's right to validate
the bonds. Now the basis of the reasoning behind this was of all of
the advanced publicity that this bond issue had received. That each
of the parks in the entire City were documented in newspaper articles,
in Pamphlets that were handed out by the City and that there was more
than adequate information for the voters to arrive at an intelligent
decision and I would like to take •one minute just to read the Chief
Justice's comments and this is an excerpt from his consenting opinion,
"On the state of this record I am reluctant to approve the validation
because of the very real possibility that a City could proceed in a
different fashion than which was represented and applied in monies in
J. L,'do you,
(A Sit
FEB
i 01977
a different way in which it was advertised. However, public officials
are presumed to abide by the law and to ca 'ry out their duties and
responsibilities. Upon thie presumption that the City will, as intended,
apply the bond monies to the p}ejects represented even though riot de"
scribed in the City's resolution authorizing the bonds. 1 concur upon
this special ground and aim secure in the knowledge that ehOuld they riot
do so, then appropriate avenues for relief in the courts for such no110,
complianoe would be open." I think the entrance here in that the courts
with the cities to have reasonable flexibility but not with them to run
rampant with what they might have done. Now as a further step then, the
City broke this program down into a community north, community south and
downtown.
Mr. Plummer: Mr. Grimm, excuse me. Importantly, would you announce
the results of that vote.
Mr. Grimm: The Fupretne Court vote?
Mr.
Plummer: No, sir. The public vote.
Mayor Ferre: The validation, i mean, the public vote for the bonds.
Mr. Grimm: Yes, I think the record is in here. 20,453 voted for the
bonds, 15,238 voted against the bonds. And to make, let's say, public
participation in this program maybe even more definitive, the City
further used the existing 9 planning districts so that within each of
these areas that you see with that little red border was a task force
and within the limits of that task force, the general approach was that
although monies within that district may be shifted, there was very
little shifting of monies outside that district.
Mayor Ferret Vince, you've got me confused. In other words, and as I
recall this was in 1972, I was not on the Commission at that time. Is
that right?
Mr. Grimm: I don't believe you were, Mayor.
Mayor Ferre: Was this in 1972?
Mr. Grimm: Yes, sir.
Mayor Ferre: I was gone in December or November of 1970 and I didn't
come back until March of 1973 and this vote was in 1972. Is that right?
Mr. Grimm:
Mayor Ferre:
way... This
Mr. Grimm:
voted on.
Mayor Ferre:
Mr. Grimm:
jointly.
Mayor Ferre: And they tested this in court.
Mr. Grimm: Both at the circuit court level and the Supreme Court,
Mayor Ferre: And the Supreme Court said that that was an okay question
and therefore the bond issue was okay,
Yes.
Let me ask you this so
is the exact wording?
I can understand you.
s this the
That is the exact wording of the ballot that the freeholders
And that was taken to
court by the FEC and by who else?
Grapeland... FEC and Grapeland Heights Civic Association
Mr, Grimm: But supplemented by the fact that the City, in their defense
of this, presented all of the public information that was available to
the freeholders prior to the time that they voted, Countless newspaper
articles, all kinds of pamphlets distributed..,
mayor Ferre: So, in other words, then the statement is that within reason
the Commission world have perrogetive on the expenditure of these things
provided however that it would follow the general pattern of what, and
i remember one time when Mr. Reese was the Manager this matter was brought
up for discussion because the specific question was asked that could we
27
FEB 10 1977
•
spend mote money oh bicentennial park thah was originally discussed and
at the very same time when that was brought tlp, within a few months of
that time, and I wart you to heat this, Metropolitan bade County who
somehow has a different standard according to the press in this town and
the City of Miami also was discussing the question of whether or not in
their major bond issues they could reallocate monies within reason and
the premise was established at this Commission and I'm sure the public
records would reflect it that both the City Attorney and the City Manger
said that as long as it was spent within the general classification of
the area that that would be acceptable. That if we, for example, wereII
to take money from the south part of the park and spend it in the north
part of the park, that would be acceptable and those are Mr. teese's
words. But that if, for example, we wanted to take downtown money and
spend it in the community north or in Coconut Grove, that that could
not be done because that could be probably successfully challenged ifi •
a court.
Mr. Grimm: Well I think that maybe, Mr. Mayor, a little bit more liberal
than that and that would get into what's reasonable acid this is exactly
what we're trying to portray that the City, broken into these geo-
graphical areas, had task forces and let's say, for the sake of argu-
ment, at the beginning we decided we wanted a tennis Courtin a park
and we put that down as an item but yet when the task force got into it
they said well, I don't think we ought to have a tennis court so let's
take the money for that tennis court and build a handball court in a
different park, that that was perfectly acceptable and this is the way
they have worked. Now what I am trying to say to you is that within
these districts, generally the money has been preserved with little
crossing across those borders but that the money allocated for, let's
say, park 18, part of it might have wound up in park 31. Now within
that general framework, the next chart then shows that the "Parks for
People" program as allocated for downtown, if you'll look at the blue
column of figures you'll see that that is what the original program
publicized in dollars. In the right hand column you will see what we
have either completed or presently have underway. Now to the best of
our ability these figures are current. Ve took the financial statements
as of the end of last year and then updated them through the information
we have in our own offices. Now as you can see, the total amount of
money that was available for downtown was a little over $26,000,000 and
to date we've spent a little over $10,000,000. The two big items,
obviously, were Ball Point and FEC property. When you move to community
north you see that we have not been as successful there as we have in
community south and most of that revolves around our inability so far
to acquire land. There we've programmed $8,000,000 and we've only
spent or accomplished 3. In community south, we programmed a little
over 5 and we've spent almost 5. The next chart shows...
Mr. Plummer: Excuse me, are we going to ask questions as it goes along?
Grimm: Certainly.
Mr. Plummer: Mr. Grimm, would you move the second chart over a little
bit to the left so that the third chart is completely... Thank you.
Mr. Grimm, I asked you in relation to number 4, you indicate there that of
the $15,000,000 allocated, 3.469128 is completed or underway. My question
is that at this point as of right now there has been no money spent on
the FEC tract.
Mr. Grimm; Yes, there has. There is posted in the registry of the
court right now $3,360,000 and the difference between that and the
amount shown, there are other expenses incurred by the City in getting
to this point!
Mr, Plummer; ;that you're saying is that the funds are incumbent,
Mr. Grimm; Yes, sir,
Mz. Plummer; But they have not, .n fact, been transferred to another
park.
Mayor Ferro; oh sure they have. They're in the account of the court.
In other words, what
we're saying with the red figures is that as far ae we're concerned,
Mr, Grimm; How speeific can T be, Commissioner.
23
FEB ,01977
those monies are doiitted Now that doesn't mean that that position
won't changs or couldn't change but it does teat that right now there's
$1,360,000 out of the City's hands and into the hands of the court
Mr. Plummer: tut to hake this chart complete, wouldn't it be better
that this it rtd be indicated complete underway or incumbered
Mr. Orittt yes, I could have don it that way.
Mayor Ferret Technically he's absolutely correct but Mr. Plummer, when
you go into the taking of a property, those are two ways of doing it.
The first way of doing it is that you go in and you say this property
is worth "X" number of dollars, you post the money and you take the
property and then there is a trial in which a judge and a jury decide
how much the property is worth. There's a second way of taking property
and that is, you go in and you ask the judge and the jury to set the
figure and then you decide whether or not you take the property. Now
the second way is the way we've been proceeding in most of the cases
which is an unusual way of doing it because in most cases, governments
do not proceed that way. Now as I understand it, in the red figure in
item number 4, this City has instructed, has voted upon and instructed
and the Manager and the City Attorney carried out our instructions and
deposited in the registry of the court three million, three hundred
and some odd dollars and that money is technically gone, it is not in
our possession. We cannot repossess that money so that money is, as
I understand it, gone.
Mr. Plummer: Well that's what I'm going to ask the City Attorney. Mr.,"`
City Attorney, is what the Mayor is saying correct that there is not a
third item that the City could withdraw?
Mr. Knox: If there is no condemnation proceeding...
Mr. Plummer: If the City were to withdraw its position entirely, is
that money to be returned to the City?
Mr. Knox: Yes, sir.
Mr. Plummer: Okay.
Mayor Ferre: Oh, well I beg your pardon, I didn't know that. I'm glad
you asked that question. You mean to tell me that after we've taken the
property and put money down in the court that we can now reverse our
position?
Mr. Knox: No, what I'm suggesting is that if the court does not approve
the taking and the lawsuit is either abandoned or dismissed by the court,
then we're back at point A.
Mrs. Gordon: Would you answer another question, Mr. Knox? Would you
answer the question that if the City continues with the condemnation
of the whole that that money would be applied to that whole?
Mr. Knox: That's correct.
Mrs. Gordon: And if the City should, at this time decide to proceed
with the condemnation of the whole, what would your opinion be about
the effect of that particular small portion condemnation that you have
there and what is your legal recommendation if this Commission decides
to proceed with the condemnation of the whole and to go in for the right
of taking now?
Mr. Knox; Let me see if I can understand.
mrs. Gordon; In other words, there are a number of unanswered questions,
First let me say that we can't really make determinations or any kind
of decisions because we have never had an appraisal of the whole. Is
that correct? And to go into court..
`fir. Plummer: No, Rose, excuse me, wait a minute. That is incorrect,
Mrs. Cordon; it's an updated view ready for court action appraisai.
Is that correct?
29
FEB Qi977
Mr. Grassier ►dust as a point of information, Mr, Mayor, J. t. Wilsot,
who is the City's appraiser in this case and who worked On the first
three parcels is here and will give you a full report As soon as Mr,
Grimm ig done,
Mayor Verret 1 think what we Might to do is let Mrs drittn finish now
and we can come back to these things.
Mrs. Gordon: Alright, then we'll hold all guestiona. tt that it/
Mayor Eerre: No, 1 think you can ask questitna as long as they're nOt
things that are going to take 15 or 20 minutes, If you have a question
on a specific item that can answered, feel free to ask it,
Mr, Grimm: The last chart there with the red figures oh it shows
generally then those projects which were dote which were hot advertised
as being part of the program. And, in addition, that shows some of the
other incidental expenses involved. Now in substance, then, what it
shows is that downtown originally had $26,000,000, we've spent 10 and
we have close to 16 left. Community north we had originally 8, we spent
3 and we have almost 5 left and of course you can read theta yourself,
I don't need to do that. At the bottom line is that there are unalloca-
ted funds in the amount of $19,000,000 left. Now of that $19,000,000
you have to realize that 11.54, I think it is, are unsold bondaa. In
other words, we would have to sell bonds to realize that amount of
money in cash. The last chart.,.
Mrs. Gordon: Excuse me, Vince, but I want to ask. The $19,000,000 does
not include the $3,360,000 that you're holding for the portion of FEC.
Is that correct?
Mr. Grimm: That is correct.
Mrs. Gordon: So that if you were to include that to the $19,000,000,
you would come up with a total figure of what?
Mr. Grimm: Well roughly 22.
Mrs. Gordon: 22. So there is, in fact, $22,000,000 at the present time.
Mr. Plummer: Almost 23.
Mrs. Gordon: That's correct. That's just a very important clarifica-
tion of facts.
Mr. Grimm: To -make what you say correct, if you added the $19,000,000
in total to the acquisition of the FEC property, yes but not necessarily
any other way because unless you abandoned the acquisition of the FEC
property, 3.36 million is spent. You can't spend it twice but you can
spend it for the same thing.
Mrs. Gordon: Sir, I'm driving at a different point, coming in at a
different angle so let's just continue with your presentation.
Mr. Grimm: I'm sorry, I was just trying to answer your question. The
last chart shows the amount of right-of-way that would be necessary to
ultimately develop the boulevard through this area to its zoned width
which is an additional 47 feet.
Mr. Plummer; Mr. Grimm, let me ask a question, I remember very vividly
in the proposal that I don't see here that there were monies allocated
for acquisition of unnamed parcels at the time as I recall the figure 6.
Mr. Grimm: For downtown you mean?
Mr. Plummer; No, sir, there were six unnamed sites for mini -parks for
future acquisition. Amounts were indicated but not designated,
Mr, Grimm; Well in our presentation, Commissioner, we have lumped those
together, As an example, the $200,000 for downtown bad 6 urban mini
parks and they► allocated $200,000 for it. Well we spent $200,000 on one
park.
Mr. Plummer Okay, so what you're saying to me is that those unnamed
parcels, the monies have been allodated.
Mr. Grimm: Yes and unless we allocate more from that saute sourde of
funds, why we wort proceed with that program.
Mrs, Gordon: May i ask another question regarding the $5,647,613 on
your third chart? I have before me a memorandum which was given to me
this morning, I believe or maybe yesterday, by the Manager regarding
Bayfront Parks states, the state has received objections to automatically
granting a fill permit as a consequence public hearings will need to
be scheduled. These are scheduled in Tallahassee, it is possible that
six months will pass before we have a definite answer on the status of
the permit, Additional parking space in the park is depending on our
achieving a permit for an additional expansion. There's other Matters
related to the $5,647,613 and 1 ask you if you have any way of telling
me how much money that would be reduced by if, in fact, this is not
granted.
•
Mr. Grimm: None. That's for projects that are already underway. If
we fill Bayfront Park and expand it, that $5,000,000 will go up.
Mrs. Gordon: You're saying that that is not a complete figure?
Mr. Grimm: I'm saying that it's complete for what we're doing right
now but if we expand Bayfront Park and build a Bandshell and a restau-
rant and some of the other things that are proposed...
Mrs. Gordon: what are we doing with $5,600,000? Isthere a breakdown
on that?
Mr. Grimm: Yes. 4.2 of that is in Bicentennial Park, $700,000 of it
is ours, $300,000 in federal government which is not included in that
is in Bayfront Park. Incidentals were $50,000. I have all these
figures right here, Mrs. Gordon, which add up to it but it basically
is the amount of money that the City has spent for...
Mrs. Gordon: That's Bicentennial Park.
Mr. Grimm: Bicentennial plus Bayfront Park.
Mrs. Gordon: Okay, I don't think I addressed myself
part of Bicentennial's improvement.
to that as
being
Mr. Grimm: Well that's the reason I lumped them together because I
thought there might be some confusion.
Mrs. Gordon: May I ask you a question? Has anybody on this Commission
received these figures, these charts in any written form at all prior
to now?
Mr. Grimm: Prior to now, no but I have them right here to give to you
when this is over.
Mrs. Gordon: Okay.
Mr. Plummer: Tell me again the figure of the unsold portion of the bonds.
Mr. Grimm; By memory, Commissioner, it's 11.54 million,
Mr. Plummer: 11Ig million dollars.
Mr. Grimm; Yes, sir.
Mr, Plummer; Now in your interpretation, would you move this chart out
of the way so I can get to the one downtown, The Ball Point property
is delegated for 7 million and PBC for 15 million, Would you proffer
your opinion as to whether or not the City would be allowed., through the
court, to take the money that was allocated for Ball. Point and use it
towards the acquisition of FEC,
Ir, Grimm; TO you want me to answer that or do you want Mr. Knox to
answer that?
M. P1ui inert Your opinions
Mr. Otimmt My opinion? you did that.
funds and placed then in trust for the
in tWo a `counts. One, the unsold bonds
was available and subaequentiy,.
Mr, Plummet:
freshinq it,
Mt. Orimm: I don't have that
Mayor Verret t'1hat number are
Mr. Grimm! Resolution 74-362
Mayor Ferret I have it here.
74-362, is that correct?
Mr Grimm: yes.
by resolution 74-162 you took
acquisition of the PEC property
and two, the $10,000,000 that
Wait a minute, refresh my memory also since you're re=
what was the vote rin that motion?
On the resolution, Commis i net.
you talking about?
passed the 9th day of May, 1974.
Hold on, I'll give it to you in a second.
Mayor Ferrer I'll read, if I may, the whole thing. Resolution 74-362
"A resolution directing the Director of Finance to place in trust
$10,960,000 public park and recreational facilities bond funds together
with $11,540,000 and unsold public park and recreational facility bonds
for the possible future acquisition developm-.nt of that property known
as the FEC P&O Dock properties and authorizing the Manager to program
for park and recreational improvementsthe balance of the proceeds of
the sale of $28,350,000 public park and recreational facility bonds
subject to said improvements being brought back before the City
Commission individually for review and authorization of funds."
Mr. Grimm: Now then, subsequent to that, Mr. Mayor...
Mayor Ferre: Wait a minute. Then the discussion went like this.
"The following resolution was introduced by Commissioner Plummer who
moved its adoption: "Mrs. Gordon: Mr. Manager, I'm asking you what
about a two week deferment. I wonder personally... Mayor Ferrer
Alright, if there's a second to the substitute motion. There's a
motion to defer which was introduced by Mrs. Gordon, seconded by..."
Mrs. Gordon: Would you tell the people and me what you're reading from,
Mr. Mayor?
Mayor Ferre: I already did that and I'd be happy to repeat it.
Mrs. Gordon: I have exactly what you have but what page are you on?
The pages are numbered, aren't they?
Mr. Plummer: What was the vote?
Mayor Ferre: 74-362, that's what we're talking about and the vote was...
Oh, here it is. "Thereupon a motion to defer was introduced by Mrs.
Gordon, seconded by Mr. Plummer and passed and adopted by the following
vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOE^; Reverend Gibson." On roll call: "Reverend Gibson: Mr. Mayor,
members of the Commission, we have had six months to go through this
business. We've had critiques..." z think thi.3 has nothing to do with
it.
Mr, Plummer; You're right.
mayor Ferre; I stand corrected.
Mr. Plummer; This is a motion to defer,
Mayor Ferrer That motion that Rose Gordon made to defer was in the
Booze -Allen thing, That was one of the many times that we kept on
deferring that in the past and has nothing to do with this so I stand
corrected, There is no statement here as to who voted on it..
M , Grimm; Subsequent of Resolution 74-362, the Commission adopted
Resolution 74=1326 which took from that earlier resolution 4.2 million
dollars for the developmentof A.centennia3 'ark and then subsequent
to that resolution they passed 76,475 which placed the 3,360
we're talking about in the registry of the court.
Mr. Plumes You haven't answered any question.
Mr. drimm: Well I'm trying to, CoMMiaaiOne5''.
Mr. Plummer: Okay, sorry.
Mr. Grimm: if you acid the 4.2 million to the 3.36, you come up with a
balance of 3.4 million. Right note, by arithmetic, unless you change
allocations from other area or parks, you have the $11,540,000 of
unsold bonds and $3,400,000 ih cash available to you. That does not
imply that you don't have other choices but l think that answers your
questions
000•that
Mayor Ferre: Where do you get the $11,000,000?
Mr. Plummer: Mr. Mayor. Mr. Clerk, would you please give me the re -
sultri of this vote. You don't have to do it now, 1 would just like to
hear the results of the vote.
Mrs. Gordon: Which vote, Mr. Plummer?
Mr. Plummer The one that Mr. Grimm is referring to.
Mrs. Gordon: Resolution 74-362?
Mr. Plummer: Yes.
Mrs. Gordon: May 9, 1974. We just have the body of the resolution, we
do not have the results of that.
Mr. Grimm: The two subsequent votes were unanimous.
Mr. Plummer: Then what you're telling me is that if there is no recorded
vote, it did not pass or fail. Is that correct?
Mr. Grimm: Well that's why...
Mr. Plummer: There was no vote taken, there's no motion.
Mayor Ferre: There has to be if there has a number on it otherwise the
resolution wouldn't have a number on it, would it?
Mr. Plummer: Tell me what the vote is because if you tell me there was
no vote, there was no motion.
Mrs. Gordon: May 9, 1974, the Clerk's going to try to get
Plummer, if you'll give him a minute, he'll bring it in.
Mayor Ferre: While we're waiting, Vince, what exactly.
plus $3,000,000. Where did you get that?
Mr. Grimm: The $11,540,000 are unsold bonds at this time. The other,
the 3.4 million, is the arithmetic of taking out of the $10,900,000 that
was allocated by that resolution for the FTC property, the 4.2 that the
City took out for Bicentennial and the 3.36 that the City took out for
the allocation underway, the condemnation underway.
that, Mr.
. $11,000,000
Mayor Ferre: Now let me ask you this, Mr. Grimm. Up in Bicentennial
Park where we've spent $5,647,000, was that approved by the Commission?
Mr. Grimm: Oh, yes, sir, these were all formally awarded contracts.
Mayor Ferre; I'd also like to know by what vote. was there a dissenting
vote in any of these?
Mr. Grimm; Well, if you'll remember correctly, you dissented with my
recommendation and overrode me and 1 think at the time you awarded the
contracts unanimously by memory,
Mayor Ferro: Alright, the $5,647,000.,.
33
FEB . 01977,
•
Mr. Grimm: tow remember, that's two parks.
Mayor rerre: Yds, t understand.. ...really with this whole thing is
that in 1'§72, with all due respects to all of you that were here and
to Mel Meese, it was a completely unrealistic projection of what thee
things were going to cost. Re had four mini -parks, $200,000, Beck, we
spent there than that just on ormd mini -park. The Sall Point 'As million
dollars was completely unrealistic and ticentenn ai park, $1,SO0,O06,
we ended up spending 0 million dollars on it.
Mr. Grimm: Well the contract amount for that park, M. Mayor, was
$ ,47i3OO0.
Mayor Ferro: NOW that was voted upon, as l recall, before I got here
as Mayor. Is that right
Mr. Grimm: No, you were here because you and I had a few words about it.
Mayor Ferre: when was that? Was it in 1973?
Mr. Grimm: No, it was probably late 1974 because we were supposed to
have it done, remember, the first part of the Bicentennial year.
Mayor Ferre: That's right, I remember. So this Commission did approve
for that park to be built.
Mr. Grimm: oh yes, sir.
Mayor Ferre: And to spend whatever amount of monies were...
Mr. Plummer: And the
Mayor Ferre: And the what?
Mr. Plummer: The results on 74-362 was a unanimous vote in favor.
Mr. Grassie: If I can then summarize,, Mr. Mayor, this first part, we
wanted to show you what had been discussed with the voters, what has
happened since and what money remains.
Mayor Ferre: Alright, Mr. Manager, it's important we get a copy of all
this information for all members of the Commission.
'm Mr. Grassie: I'd like to give that to you right now. And with that
background, I'd like to do the second thing that we want to present to
you by way of information and that is to ask the appraiser of the City,
Mr. J. I. Wilson, to inform you on at least two points and answer
questions for you. He has not had, within the time available, a chance
to come up with a formal appraisal but he has a preliminary appraisal
and secondly, we're going to ask him to comment on time and cost of
completing such a thing.
Mayor Ferre: Mr. Wilson, before you make that statement but for the
record, Mr. Manager, I want to reiterate what I said in that meeting
that we had up in my office several weeks ago that I did not know, and
that was the first time that I had ever heard that that appraisal had
not been made and I was, frankly, surprised and as you recall, when
there was a motion that was being made, I think it was Plummer who said
well, you don't need a motion, that's already been moved and passed that
that appraisal be made and at that point, we asked Mr. Grimm why the
appraisal had not been made and as I recall, the answer was that there
was concern about the high cost of it and we didn't want to get into the
appraisal until the Commission had decided on a course. NowI just want
to reiterate that 1 think that was the first time that I think any of us,
T can only speak for myself but 1 know for sure that it was the first
time that I bad heard that that appraisal had not been completed.
Mr. Grassie possibly a couple of points need to be made. One, of
course there was an appraisal at the time that the City Commission, City,
went to court .on the fist three parcels,
Mrs, Gordon; Gn what, Mr, Grassie? And appraisal on what? $o that there
be no misunderstanding, you are speaking of the three small parcels,
Is that corregt?
3,1 FEB 101977
Mr. Grassie! Yes, the ones that have already beeh decided tlpoh that
Mr, Wilson can speak to bedause 1 understand that he did the work.
The second point is that, again, I understand fmm Mr, Wilson that
appraisal, after they're sik months old, aren't worth very much and
some tine in the past, I really don't know hew lung ago, the City
agreed with the ?tC to postpone litigation attempting to reach soThe
kind of settlement,
Mrs. Gordon: The City? Who is the City that made that decision? t
never reinernber that ever being brought to this table.
Mr, Grassie: Well it happened before I was here so I really can t
answer that.
Mayor Ferre: What was your statement again, Mr. Grassie? Isorry.
Mr. Grassie: well I think that you know that Judge Kehoe has had this
case, l don't know what they would say legally, George, but it's been
held, suspended, it's been put aside while the two parties have been
discussing a potential settlement. This has been going on for months
and months.
Mrs. Gordon: Then you're talking about the Law Department made that
decision, not this Commission.
Mr. Grassie: I'm really not aware...
Mr. Anderson: Well there was a hearing set for June 30th and we had
lost our condemnation counsel just before that hearing and it was our
understanding that there was serious negotiating going on and we asked...
Mrs. Gordon: By whom?
Mr. Anderson: By representatives of the City.
Mrs. Gordon: Who are the representatives of the City?
Mr. Anderson: we understood that Dan Paul was negotiating for the City's
side and that's all we knew and...
Mayor Ferre: Well Dan Paul was attempting along with the Chamber of
Commerce and Mr. Alvah Chapman, he was representing one of the sub-
committees at the Chamber who was trying to bring this whole matter to
some kind of a conclusion but he certainly is not officially not
representing the City, he was just representing himself and I guess the
community which is the way he likes to think of himself.
Mrs. Gordon: Then the Law Department made that decision to not go into
the court at the scheduled date for hearing. Is that correct?
Mr. Anderson: well there were several considerations, yes, but that's
true, the Law Department made that decision based on the fact that we
had a condemnation counsel who was supposed to be hired effective
August 1st and was supposed to handle that particular case.
Mrs. Gordon: But he was not hired.
Mr. Anderson: He was hired but he never did handle that case.
Mrs. Gordon; He was hired but he was not handling that case? Why not?
Mr, Anderson; He came in and for some reason he never did any condem-
nation and he subsequently left,
Mayor Ferre;
who is that?
Mr. Anderson: That was a fellow named John Ruff,
Attorney in Naples,
Mrs, Gordon: He left our City?
Mr, Anderson; That 1 s.. Qorreot,
He's now the City
s�J
FHB 3, 01917
Mrs cordon: He never went to work for to officially
Mrr Andersen: Yes, he went to work and he was working an daubleiLta atie
and then for a short period of time he looked over the 1EC case.
Mrs. Oordbn t for a brief period of time he looked it overt
Mt, Anderson: That's correct
Mrs. Cordon: He was brought in to handle that case and he looked at
it for a brief period of time.
Mr. Anderson: That's correct.
Mayor Ferret Who was City Attorney at that time is that under John
Lloyd's...
Mr. Anderson: He was hired by John Lloyd before John Lloyd left but he
didn't come until after John Lloyd left.
Mrs. Gordon: Okay, he came after John Lloyd left, John Lloyd did his
job by hiring him but this man was never put on this case to actually
represent this city in an active pursuit of this condemnation. Now you
have just said so, iS that correct?
Mr. Annderson:. That's correct.
Mrs. Gordon: Therefore, this suit has never actively been pursued.
Mr. Anderson: Well not period, we have the right...
Mrs. Gordon: In the courts. I'm not speaking about outside negotiations
that were being held by community leaders no matter who they are. This
is a City of Miami matter and this matter, as a City matter, has not
been pursued. That's what you just said.
Mr. Anderson: Well let me say this. At the same time, there was an
appeal going on. The court ordered that we are the owners of those
three parcels. Now the FEC has appealed that decision. Right now we
are the owners of those three parcels, the money is not in the registry
of the court, it's in the Florida National Bank in a separate account.
Mayor Ferre: We are the owners and fee title of the property.
Mr. Anderson: We are the owners and fee title according to the lower
court award.
Mayor Ferre: Wait, I want Plummer to hear that. Where did Plummer go?
Mr. Plummer: I heard it.
Mayor Ferre: In other words, we own that property and fee title and we
cannot get our 31 million dollars back.
Mr. Anderson: Subject to this appeal and the appeal is based on two
grounds and they're trying to kick out the entire lawsuit,
Per. Plummer; Wouldn't FEC be very happy if we withdrew and be glad to
give us our money back?
Mr. ;Anderson; Well they might be since they're trying to give us our
money back in a roundabout fashion in court,
Mrs, Gordon; Michel, you or Mr. Knox answer this question, please.
Could this City go ahead into the courts depositing additional monies
and a declaration of taking on the entire parcel at this time?
Mayor Ferre; You'd have to have an appraisal on that
Mr. Anderson; No, first of all we would have to prove necessity that
the hearing that was put off was a necessity hearing for the remainder
of the tract. That was the hearing that was put off so we would have
to, first of all we'd have to have an appraisal..
FEB1,01977
Mrs. Gordon:
Yet, I know we need an appraisal.
Mr. Ahdersdh And we would have to go ih
property. Now the entire snit is tubj eet
on appeal The entire Suit is subject to
appeal so...
Mayor retre Alright, 1et's hear from Mr
this in a moment,
Mr. J. I. Wilson: I'll volunteer this as
I think there were three reasons. One, I
just a rough approximation.
Mayor Ferret By the City Manager?
Mr. Wilson: The City Attorney's Office.
Mrs. Gordon:
tion?
and prove that we need the
to this attack that's still
that attack, it' a still of
Wilson We 11 come back to
to why no appraisal was made,
was asked for an approximation,
When, Mr. Wilson? When were you asked for an approxinia
Mr. Wilson About 18 months or a year ago, somewhere in there.
Mrs.
Gordon: Just for an approximation.
Mr. WilsonAnd once I made that, I told them that .I thought it would
run from 20 to $25,000,000 which would be the appraisal. Now when you
go to the court, the other side could have 30 or 35 so you have an ex-
posure of maybe $30,000,000 and at that time, the information I got was
that you only had about 15 or $20,000,000 so why spend $150,000 for
appraisals and then not have the money to buy it. The second point was
that I think you've been in court now for 7 years.
Mayor Ferre: Precisely, a lot of people just don't want to understand
the simple logic of that.
Mr. Nilson: You've been in court 7 years, as I understand it, getting
the right to take these three parcels.
Mr. Plummer: We haven't gotten them.
Mr. Nilson: And you still haven't gotten them. So you take my report
and spend two years and mine and one else you have to throw out -so I
think so that, I think, were two of the reasons that it didn't move
forward.
Mrs. Gordon: Okay, Mr. wilson, I think I know you and your reputation
as an appraiser to be a very highly qualified individual, probably one
of the best in the business and I'm sure that you would not want that
approximation to be held up as an appraisal figure to anyone on or off
the records.
Mr. Wilson: I appreciate that very much. It's an approximation and
that's all.
Mrs. Gordon: Therefore, you would not want, I'm sure, this City to rely
upon that kind of an off, the cuff opinion which is really what it is that
you did. You gave an opinion which is what they asked you for. Unless
you went through and did an absolute and thorough job, wouldn't you agree
that if you were spending your own money as an individual you would cer-
tainly feel that 100 or whatever amount of money it takes to get an
absolute figure would certainly be a very small drop in the bucket com-
pared to the overall cost of the consequences of whatever action this
City takes on this case,
Mr, Wilson: To answer the first part, true, this is just an approxima-
tion and should be considered to nothing else but I thin% it gives you
some help in decision -making areas or budget -making areas..
Mayor Ferre: Yes, but I'll tell you, I think that Mrs. Gordon is
correct in this point, which is the one that I also made at that meeting,
is that really I'm amazed that we haven1 t gone ahead with an appraisal-
and I think we've got to do that because otherwise we're subject's. Mr,
ililson4 don't misunderstand, I've been through these things so many times
that I'm pretty certain that the figure you're going to dome back with
is going to be Within the parameter of your general estimate or you
wbuidn't have made that etatatent to I would i►agine that you'll back
that up and it'll be between 20 and $25,000,000 but i thick, so We can
avoid unfair and inflatMatory and emotional statefients...
Mts. GOIdon : How long ago did you flake that , J. T . ? 'No years ago?
Mr. t `ikon: I Made it about a year ago.
Mayor Perre tkcttse me, Mrs. Gordon, I'll try not to interrupt you
and 1 would ask that you have the sate courtesy towards me. I think
that an appraisal should be made so that we can avoid any demagogic
type of hidden agenda statements and thvetdoS. I think it's just
essential that we do that so that we are dealing with a record very
clear and I strongly feel that we should, and I hate to waste $150,000
of the taxpayer's money but I'm afraid we're going to have to go through
with that exercise.
Mrs. Gordon: May I ask a question now? Michel, you made a statement
that you had to prove the taking of the whole tract and that's what
the hearing was for but isn't it true that you had to just prove the
reason why you wanted to take the three small parcels? Isn't that the
thing before the court? hasn't it already been proven that we can take
the whole tract?
Mr. Anderson: No, the Supreme Court sent it back. What happened,
initially, was the FEC said that they were using it for a public purpose,
namely a port and railroad operation, and there's what they call a
prior public use doctrine. In other words, one public body doesn't
condemn from another and back and forth just for that reason. So the
lower court agreed with them and it went out and got to the Supreme
Court and they said the proof was insufficient. Now go back and see
if they really need that for a railroad operation. Let them prove that
they need it. We have to prove we need it for a park and we will have
to counter any proof that they offer that says that it's needed for a
railroad operation and that's what the whole necessity hearing would
be about for the remainder of the portions. These three portions were
obviously leased out to other corporations and not used for railroad
purposes.
Mrs. Gordon: When did the legislature pass that legislation which
specified that the public body such as the City of Miami had a prior
right over the railroad for...
Mr. Anderson: That was passed in 1975.
Mrs. Gordon: Wouldn'_t that change the position or strength of the City's
position with regard to the condemnation and for the necessity of taking?
Mr. Anderson: I believe it would. The Supreme Court... The legisla-
tion came out prior to the Supreme Court decision. They said they
refused to hear it on that basis. They wanted the lower court to make
a decision.
Mrs. Gordon: And you have not argued that in the lower court yet?
Mr. Anderson: It has not been argued yet.
Mrs. Gordon: Therefore we're retreating again with a pessimistic view
that we can't do this and we can't do that, In my opinion, the bond
issue that we presented to the people of the City of Miami which was
passed in 1972 by an overwhelming vote, said that in the downtown area,
so that there be no misunderstandings on the part of anyone, that the
downtown area would receive an allocation/and this is for the downtown
areajof $27,068,750 and I hold that document up for you on district 6
which is a part of the distribution to the public that was made at that
time and if you go into it further, you will see that there is enough
money that should be still available and if it is not, then l ask that
this commission go forward and order an independent outside auditor to
examine all the expenditures that have been allocated and spent or if
not spent foa: the park improvements, acquisitions and so forth and also
to include in that audit all supplemental monies that have been received
and used for park acquisitions, tions, recreational facilities or improvements
FEB33 1,0. 11.
from community development funds or other public grant fttonies and t itortie
you that this independent audit he ordered immediately
Mayor Verret Alright, there's a motion by Mrs. Gordon tiff the -abbr. le
there a second to the motion' is there a second to the i%ot .oit that the
information) as presented before this Commission, be audited,
Mrs. cordon: Net just the infortttation before this Commission, Mr. Maybe...
Mayor Ferret The information with regards to the amount of money that
the voters approved to be expended and what has been e tpended,
Mrs. Gordon And in addition that the audit include all monies that
have been received by special grants and any ironies that have been used
from community development funds for park acquisition for community
recreational facilities related in any way, shape or fornt to the use of
park lands.
Mayor Ferret Alright, is it...
Mr. Powell: : Mr. Mayor, I'd like to be heard on that before you vote On
it. After, it's no good.
Mayor Ferre:You will have the opportunity.
Mr. Powell: Yes, but after you vote it doesn't.:.
Mayor Ferre: You will have the opportunity, sir. I promise you that you will be
heard.
Mr. Powell: Yes, but if you're going to vote...
Mayor Ferre: We're not going to vote. If you will just be patient, I will recognize
you before the vote. There is no second yet. Now is there a second to Mrs. Gordon's
motion? Is there a second...
Mrs. Gordon: On the item that I'm presenting, Mr. Mayor, if you will allow me the
privilege.
Mayor Ferre: I will as soon as I get a second for you.
Mrs. Gordon: No, you don't need a second, I'm still on the presentation of the mo-
tion.
Mayor Ferre: Alright, I'm sorry, I thought you had finished. Go right ahead.
Mrs. Gordon: 0n the presentation of the motion which calls for this audit, it's
predicated upon the fact that information supplied at one time to me by Administra-
tion showed different figures from the figures that I am being presented today.,,
Consequently, there is room for concern and, possible error and I require that this
Commission fulfill their obligation to the people by not hesitating and having,no
fear of what an independent audit might show.
Mayor Ferre: Mrs. Gordon, are you now finished with your statement?
Mrs. Gordon: Now I'm finished,
Mayor Ferre: Is there anything else you would like to say before I ask for a second?
Mrs, Gordon: I might but not at this moment, sir.
Mayor Ferre: Well I will rule you out of order unless you have anything else to say
now until I get a second and then you can speak all the time you want. Now is there
a second to Mrs, Gordon's motion as made? Is there a second? Alright, Father, I'm
going to give you the Chair for the purposes of my seconding the motion, I think
Mrs. Gordon is, in my opinion, playing with a very sensitive, highly emotional
question which, unfortunately, has many hidden agendas, There's no question that
there is a lot of politics involved, I'm not talking about you, I'm talking about
the Miami Herald's interest V1r-a=vi5 _ the City of Miami and there's no question
that they're just utilizing avecything they can and unfortunately, up until now, I
would say it was limited to editorial pages but now I think it goes beyond editorial
pages, i think it's the policy of the paper with headlines and stories in which a
fl
01977
posture is being taken and which is being pursued to cast a shadow Ott the integrity
of this City and I really think that once you get to emotional situations like that,
it's unfortunate but I think we've got to react to it and we've got to pursue this.
Unfortunately, we're put in a situation where we've got to react to sottethittg through
pressures that don't have anything to do with the subject at hand but it needs to be
done and 1 think if we have to spend some money ih auditing this thing, I'm sure it's
going to cone out perfectly as the Administration has told us and I think, so we cats
put all that foolishness to bed, we ought to go ahead with it because otherwise, you
see, what you end up with is just the next step of emotional attacks on the integrity
of the City and you know that they're not going to stop so we've got to proceed on
this and t think we've got to show good faith. So I second the motion for that teasot1.
Mrs. Gordon: Alright, Mr. Mayor, now on discussion on the motion and 1 do appreciate
your seconding the motion. I would like to say that this is not to cast any cloud
upon the integrity of the government but to eliminate any suspicions that tight be
in the minds of the people that we are not living up to a commitment that we made
to them and further than that, when Iincluded the Community Development funds into
that, you know as well as I know that there has been monies spent from the Community
Development funds for acquisition of land for parks and for recreational improvements
and t think the people have a right to know and I want to know specifically and clearly
just what we have had and what we have done with it and what we have left and what
we can use for what purposes. Thank you.
Mayor Ferre: Alright. You know, Mr. Grassie, that this is in no way casting any
questions on the Manager's integrity or ability. I think that, unfortunately, there
is a lot of politics involved in this and not necessarily Mrs. Gordon, I'm saying
that this is the politics of the elimination of the City of Miami and the casting
of shadows upon the City government and I just think that, you know, we don't have
a newspaper and we don't go to press everyday so we've got to really go and walk
that extra mile and spend that extra money to, as Mrs. Gordon said, make sure that
there's no questions about it. I don't think there are any questions and I'm sure
that it's just another one of these phantoms and another one of these personalized
vicious attacks that the Miami Herald seems to specialize in these days.
Mr. Plummer: Mr. Manager, two questions really. Number 1, the City, every year,
has, as a matter of Charter policy or Charter demand, an external audit of its books.
Mr. Grassie: That's correct, Commissioner.
Mr. Plummer: Is this matter here covered in that external audit?
Mr. Grassie: That's correct.
Mr. Plummer: It was covered in the external audit.
Mr. Grassie: Certainly, as any financial transaction of the City would be.
Mr. Plummer: Alright, sir, point number 2. Can you give me a guestimateofa
proximate cost of doing what the motion speaks to?
Mr. Grassie: I believe that we could get it done for about $5,000.
Mr. Plummer: In your opinion, do you feel that it's necessary?
Mr. Grassie: No, in terms of financial records of the City. I think that it may be
politically necessary. I think that it may be necessary from the point of view of
public image. I certainly would welcome any kind of a corrobotation of the state-
ments that we are making to you. I'd be happy to see it. I don't think it's
necessary in terms of what I know of the basic integrity and accuracy of the City's
system but if a question is raised, I think that we are much better off answering
it as fully and as openly as possible. From that point of view, politically it may
be necessary,
Mayor .Ferrer Look, Mr, Grassie, it is..,
Mr, Plummer; In other words, Mr, Grassie, without putting words into your mouth, I
then understand you to say that because a question has been raised by the media,
that to answer that question, this City has got to expend, you feel for good faith,
$5,000.
Mayor Ferre; You know it,
Mr, Grassie: I believe that's right, Commissioner,
Mayor Ferro: : Alright 'tow, Mr, l'liiminior... III toll yr►ir, this la voty Important
he, :wi u 1 Ilili►k 1't'rt (tn ,'tl:tiit that we all i'f ri►guI I• we'ir• Al. 11 It* II►t•
editorial pt►11ry of the Miami lirrnt.d, o1 the Micitni New.a and of Chattel / to .hhtilish
the City of Miami, That is nothing new. Now they have taken every opportunity
possible in any way and form to zap us around and discredit the City, You know that
that happens continually and that unfortunately we ate the victitns of that. Now the
fact is that under these circumstances, since these major sources of public infotmam
tion use their teWspapers to further their editorial policies attd there's nothing
that can be done about it and it is trot a decisiott taken by the Press itself, this
is something taken by the gditotial Boards of the newspapers and Channel 7 which
continually used these mechatii..itns to do exactly that and they have a purpose in this
and I guess they're entitled to do it and 1 thitlk, thetefore, We do t1ot, it this
Commission, live under normal circumstances, and 1 think we do have to walk that
extta mile so that it is proven beyond any doubt that what we say is so and where we
stand, we stand,
Mr. Plummer Mr. Manager, do I further understand you, or it is your understanding,
that each and every year that the external audit is dote as required by the Charter,
that this matter has been fully looked at in that external audit,
Mr. Grassier That's correct, Observing normal standards that CPA firms observe,
yes, that is correct. They look at all of the financial transactions of the City.
Mr. Plummer: One other point. Mrs. Gordon raises questions of discre-
pancies in which she has been informed and which you have revealed here.
At any time has Mrs. Gordon tried to resolve with you these differences?
Mrs. Gordon: I received a slip of paper yesterday, J. t.
Grassie: Not that I'm aware of, Commissioner, but let me, in de-
fense possibly of Mrs. Gordon, say this. If she received a report a
year ago or 3 months ago or 3 months from now, the figures would
obviously be different because most of the figures that you see there
are projects in process. Second, the basic confusion that I believe
that the media has had, and it may have been a confusion with others,
is that they have had figures discussed on at least three levels. You
have the figures that apply to the entire bond issue. You have the
figures that applied to what was termed "downtown" and you have figures
that apply to the appropriation that was set aside specifically for
FEC and everytime you quote an amount of money remaining available,
it depends on which one of those three things you're talking about and
every one of them is different. Now you can see what the facts are
when you look at these charts but if you're not very careful about the
way you ask the question, you can end up with 3 different answers and
if that is a confusion, if there is any question about it, I would
certainly support anything that we can do to inject an element of
rationalism in this kind of a discussion.
Mr. Plummer: Is there any question in your mind that what this motion
speaks to would in any way further go beyond what was done in the ex-
ternal audit on an annual basis?
Mr. Grassie: No, in terms of demonstrating the accuracy and validity
of the City's books, no because to say yes would mean that the external
auditors have done an incompetent job and I don't believe that.
Mr. Plummer: Who did the last external audit?
Mr. Grassie: Peat, Marwick & Mitchell,
Mrs. Gordon Who did the one before that?
Mr
Grassie: Before that, T believe Touche Ross,
Mr, Plummer; Let me understand so that I don't misunderstand, 'that
you're saying is very simply that this motion would be nothing more
than a duplication of what has already been done on an annual basis?
fir, Grassie; That's correct,
Mr,
Plummer; No more or no less,
Mr, Grassie; Well the only thing that it would do is abstract, take out
of a city --wide report, information and present it simply •as a smaller
and more focused report on this particular problem. That's the only thing.
41 V a 01974
Mr, lu er 13ut it would be an e saot duplication.
Gordont Mr, Orassie, to what point was that audit made, the one
you're referrinzj to. To what date and time?
M. Grassie:
Mts. Gordont
Mr. Grassier
It runs on a fiscal year.
And that is what, for the record?
The City's fiscal year ends.,.
Mrs. Gordont Okay, the audit you're referring to was to the end
September of 1976.
M. Grassier That's correct.
of
Mts. Gordon I'm asking for this to be current to today.
Mr. Plummer Well that was not my understanding, Mrs, Gordon. My
understanding of this would be current to today but that you were
trying to eleviate some inconsistencies that you feel exist.
Mrs. Gordon: Absolutely because yesterday I got one set of figures,
today I'm being shown another set of figures. I want this audit as
of today and for it to include those expenditures which are a part of
the City's dollars that we are receiving; and for which we budget out,
those funds that go to community development. There is a lot of money
that goes through that community development which finds its way into
parks and into recreational facilities and since we are on the subject
of parks and recreational facilities, it seems logical that we include
that in the analysis of what is left from the "Parks for People" bond
funds and that's my request.
Mayor Ferre: And that's your motion and that's my second and further-
more, I would like to, for the record, say, Mr. Grassie and members of
the public that on every single one of these items these matters have
been discussed at public hearings, they have been debated, they have
been argued, we've had recommendations of committees and we have voted
on these things and there's a very clear public record on every single
expenditure and to the best of my knowledge, as I look through these
expenditures, I think, without one exception, this Commission voted
unanimously for all of these pro7ects. I don't know of one exception,
I beg your pardon, with the exception of a partial taking of the FEC
property where Mrs. Gordon did not vote with the majority, with that.
exception, everything else was publicly discussed and voted upon
unanimously. With regards to the FEC property, that was publicly
discussed and the vote was 4-1.
Mr. Plummer: May I ask one other, question? Is the representative of
Peat, Marwick & Mitchell present?
Mayor Ferre: Yes, I see Mr. Powell here.
Mr. Plummer: Well is he available for questioning?
Mrs. Gordon: Mr. Mayor, while he's coming forward to the microphone,
let me clarify something that there be no misunderstandings about.
What we will be accomplishing by this analysis, this outside audit, is
that there be no mistakes, that we know exactly where we stand so that
we can match our plans with what we hope to have for accomplishments
in our park programs and this is the only way that we can do it. we
can only do it by taking two steps, one, we must have an appraisal
two, we must have a clear and concise audited figure of monies that are
available and those figures can only come from an outside audit because
our own departments, as 1 see it, require outside auditing, That's
what the public monies are supposed to be,,, That's how they're supposed
to be taken care of,
Rev, Gibson; Sir, would you now address the question? Are you through,
J, L.?
Mr. Plummer No, I wanted to ask Mr. Powell a question,
FEB 10 977
Rev . Gibsoi Okay, air, please
Mr. Plummet: Mr. Powell, I am informed that you did the last, your
firm did the last external audit of the City.
Mt. Powell: That is correet.
Mt, Plummet: That is correct? And when was that completed, air?
Mr. Power.: It has not been completed as of yet.
Mr. Plummer: It has not been completed. In your audit that you're
doing, yet uncompleted, are these figures ootpletely looked at by the
exterhal auditor?
Mr. Powell: I think there's some confusion here, first of all, I'm
not the engagement partner on the City's audit so I can't speak to
exactly what the scope of the audit is. I'd be happy to have my
partnerr, , who is the engagement partner, speak to
that issue for you.
Mr. Plummer: Is he here?
Mr. Powell: No, he is not here. As the City Manager said, I didn't
come by to talk about... I would like to point out to you, however,
Mr. Plummer, that Mr. Gunderson, the Finance Director, is intimately
familiar with what's been going on down here in terms of auditing.
I would also like to point out to you that you have an internal audit
staff that ought to be able to give the Commissioners independently,
reasonably good data that you're requiring. z don't know, really, the
nature of your concern here so I'm not really prepared to speak on it
but the internal audit staff that's working under Mr. Gunderson's
direction, certainly, without additional cost to the City, come up
with reasonably accurate figures I would think.
Mr. Plummer: Mr. Powell, do I understand you then to say correctly
that you feel that the internal audit of the City is sufficiently
knowledgable and would do a good job in request as the motion stands
and you do not feel that we have to go to an outside audit? Is that
what I understand you to say?
Mr. Powell: There are obviously considerations here that I'm not aware
of.
Mrs. Gordon: I know you're not because we have had almost a complete
turnover of staff in that department and most of the people who are in
there now were not there 6 months ago. Mr. Grassie, would you say that
I was fairly correct, if not totally correct but it's almost on target?
Mr. Grassie: No, Commissioner.
Mrs. Gordon: Well there's been a good turnover.
Mr. Grassie: What has changed is the Chief position, the top position,
but that's all.
Mrs. Gordon; How many positions have changed in that you would say
there's more than one?
Mr.. Grassie: There are four people in that section and the top position
was changed.
Mrs. Gordon; Yes, there's been quite a bit of change and there's very
little continuity from previous persons that worked on those, that type
of work. So therefore, that, in itself and without bearing any reflection
on those persons just as I bear .no reflection on you, Mr. Grassie, you
have a lot of things that you are getting acquainted with here in this
City that were not the same as in Grand Rapids, apparently, and you are
not being able to assimilate them all at one time,
Rev. Gibson; J. L., are you through?
Mr. Plummer; Yes, Father.
Rev. tfibetrt Alright, sir, thank you very much,
Mt. Ernie f`annotto: ftonora1 1e Mayor, members of the Commission,
respected City Manager, 2rnie Pannotto is my ha►e, President of the
Taxpayer► s League of Miami and Dade County and the Homettead exemption
League of Dade County, 'm here today because 1 want to talk about
what 1 consider a reverse in change of the park situation, 1 'doted
for the "people for parks" situation in 1972, f usineSs Was normal
then, th a 1972, hundreds of thousands of people in this County, 3A6,00
many people tf the pity of Mimi are out of work, a lot of the people
live on fixed income, people with families Cannot pay higher taxes.
Now, M.r. manager, before 1 finish my presentation, I'm going to ask
you this question. This bona issue is approximately $40,OOO OOO,
$39,8 OOOO, how much in dollars and cents is it going to be increased
to the taxes every year and 1 want this reflected into the record?,
Mr. Plummer: t believe that everything other than the unsold portion
is already existing on your tax bill so the question that you're
asking, if we sell the additional 111 million in bonds...
•IrvIu II11A11 i!Ui 111111II
Mayor Ferret No, $19,542,000.
Mr. Plummer: NO sir, you're wrong. The question he is asking, if we were
to sell the unsold bonds of approXimately 11 million dOl.lars, how mtioh
more additional tax would it be to the taxpayers, I think that's the
question,
Mr. Grassier You're asking me to do this, of Course, simply by estitna-
tion and that estimation is that it would add the debt service, principle
and interest, For that amount of money assuming an averageintereat rate
of 5 3/4 and a 20 year issue would be approximately < of 1 Mill, that is,
.25 Mills on the taX bill.
Mr. Fannato: How much in dollars and cents, approximately, Mr. City Manager?
Mr, Grassie About $900,000 total collected throughout the city.
Mr. Fannato: Now how much, in dollars and cents, how much money in unsold
bonds do we have left over that hasn't been sold?
Mr. Plummer: 11h.
Hr. Fannato:
Mr. Plummer:
Mr. Fannato:
How much?
111.
Well now, I'm going to start my presentation by saying...
Mrs. Gordon: Wait a minute. Mr.
there's a motion on the table, we
Fannato, with all due respects to
speaking to our motion or are you
Mayor, I call this out of order because
have not acted on that motion and Mr.
you and your presentation, are you
bringing up another presentation?
Mr. Fannato: Mrs. Gordon, I'm speaking to the bond issues and the monies
that's going to be tax on the people of the City of Miami...
Mrs. Gordon: The motion is not on that, the motion is on hiring an external
auditor to let you and the taxpayers know what we've done with your money.
Mr. Fannato: Well, Mrs. Gordon, that's right too and I'm speaking against
that too because I` don't think that's necessary. Too many appraisals ands:,;,
too many consultant fees are...
Mrs. Gordon: we're talking about an audit. If you're concerned with the
taxpayers position, then you should be extremely interested in knowing how
your money has been spent and how much is left. You wouldn't be speaking
against it if you're sincerely interested in the taxpayers position.
'"tr. Fannato: Mrs. Gordon, I am definitely speaking against it because I
want a moratorium on spending and that goes not only on the bond issue
but I want to curtail appraisal and consultant fees which is a burden on
the taxpayers so am against...
Mrs. Gordon; Would you rather that the monies are spent without knowing
what we're spending them for or how they...?
Mr Fannato. I don't want you to spend anything anymore, we can't afford
it, Mrs. Gordon, whether it's appraisal and consultant fees or the extra
matter of the bond issues and I want to tell you why. In 1972, businesses
were normal. This is 1977 and as I said before, many people are out of
work, a lot of people can't sell and can't pay taxes, a lot of people are
losing their homes on the courthouse steps,
Mrs. Gordon: Are You suggesting that we take this money and subsidize the
people who are losing their homes?
Mr, Fannato;
I'm making my
Mrs. Gordon;
question,
i didn't say that. You're not speaking for me,
presentation and I hope you don't interrupt one.
Mr, ' ayor, call- this conversation out of order
zia
Mrs, Gordon,
and Bail the
Mr. r'annato t tsfo, I don't think so, Mayor, I think that the appraiaa1
acid Consultant fee i§ part of the bond package
Rev. Gibson
listen to Mr.
Mrs. Gordon:
Let me say that the Mayor had indicated that he would
Pannatt and I think out of fairness...
On the issue that's before us.
Rev. Gibson: Rose, one thing 1 trust everybody to understand is that
have to run meetings for a living. Sir, you have the right to speak,
the Mayor proMieed you that and I now rule that you may speak.
nr. Fannatot Thank you, Vice -Mayor. I'm going to say that the people
just can't afford to pay these extra taxes whether it's appraisals or
consultant fees, they're just about fed up with it. Let's, as of today,
start a moratorium on spending and show the people some respect as the
spending. You know, you've got to give respect to get respect. It
ain't how much money you can spend, Mrs. Gordon, you're a businesswoman.
Every, 90%, let me finish now and you can answer Tile, 90% of the businesses
in this County and City, it's a challenge to stay in business and to
stay in business they've cut expenses and that's what 1 want the City
of Miami to do and let's start now because they just can't afford it
and I want to say this here. Never mind that $20,000,000 deal at the
parks, never mind the bond issue, the park bond issue, the rest of it;
park bond issues come second and people come first. There's a lot of
people out of work, a lot of people can't pay... Think of them. I
hear a lot of people in the upper bracket that make $20,000 and $30,000
• say oh, that isn't very much but it's gotten to the point where the
people are living on fixed income and people with large families just
can't pay it and they don't appreciate these consultant fees of $150,000
that you want to burden the taxpayers with, Mrs. Gordon, and I don't
appreciate you wanting to buy that $20,000,000 FEC and Ball Point deal
either because I don't think the people can afford it and I don't think
you should buy it in face of the present conditions. Now if you want
to buy it, Mrs. Gordon, if you people want to do what's right, I'll tell
you what we'll do. Let's put this on a next ballot and see just how
the people feel about it.
Rev. Gibson: Alright, sir. There's a motion before the house. Are we
ready to proceed?
Mr. Plummer: Father, I hate to be so long but I've got to get this point
clear because I am never going to sit here and spend $5,000 or approxi-
mately $5,000 of taxpayers money just for the duplication of trying to
rebute something that might have been figment of someone's imagination.
Now I want to get back, Mr. Grassie. Are these figures, as exposed to
us here today for the first time, current and up-to-date?
Mr. Grassie: Insofar as that is possible, yes, Commissioner. Obviously
there are expenditures that are being made today that are not reflected
but yes, basically they are current and they are up-to-date and the best
information that we have is that they are accurate.
ir, Plummer: And you don't feel that an outside audit would reflect
anything different than what you have here?
Mr. Grassier The only difference, basically, would be that they would
be dealing with a slightly different time period. Whenever they start
they would be dealing with a slightly different time period so the
figures would be slightly different but aside from that, I do not believe
that there would be significant differences, no.
Mr. Plummer:
Mrs, Gordon:
Rev, Gibson:
Mr. Plummer:
keeping these
r� . Grassier
May I continue...?
I noticed you clarified that with significance
Wait a minute, Rose, let Plummer finish.
you feel that our internal audit is fully capable of
figures current and correct.
I agree with the external auditor in that regard, yes.
40
FEB 101911
Mrs. Gordon: f4ait a tinute, you agree with the ektert►al auditor ii
that regard that what
Mr, t rassie: Ahswerir g directly, Commissioner, to Com miaaio ier PlUMMer i s
question, the question was whether or hot the internal audit staff of
the City is competent to keep track of these figures and preaurniably
to report then and the answer to that question is "yea'', I feel that
they are,
Mrs. Gordon: Alright, they are Competent and 1 at not questioning
their competency. If this were the case, you would not require an
external audit annually, would you?
Mr. Grassie: That is not correct, Commissioner. The reason for having
an external audit, as you know, a aide from the fact that it is a legal
requirement on the City, is because the City Commission needs and
deserves the assurance that comes from having an external audit annually.
Mrs. Gordon: Exactly. Thank you for answering exactly what I have in
mind. If we are so conscious of the dollars that we're spending, how
is it that we're not so particular about the monies we're spending for
our, 1 hate to say it, J. L., because it involves you, but you are the
one that is speaking to it, $25,000 for a Sister City Program. stow is
it that I didn't hear Mr. Ernie Fannato come up here and object to that
at any time in the past? How is it that he is now here to object to
spending $5,000 to bring a current and up-to-date accounting of our park
bonds money and our community development monies? How is that? And I
hear this objection. I see a lot of travel monies that are going out,
I don't see anybody coming here like Ernie Fannato objecting to how
much travelling is being done and by whom.
Mr. Fannato:
Mrs. Gordon:
Mr. Fannato:
right...
Mrs. Gordon:
Mr. Fannato:
Rev. Gibson:
question.
Vice -Mayor, can I answer this here?
No, I'm just saying...
well you brought my name into it and I think I have the
If you're going to be consistent, let's be consistent.
I have the right to answer why I haven't.
Alright, just one minute and then we're going to call the
Mr. Fannato: Vice -Mayor, I really didn't know just what they were...
the amount of money that they're spending, Mrs. Gordon, but let me tell
you something. While I'm here, I'm going to use that extra half minute
or three-quarters of a minute in telling you folks that when the court
of jurisdiction, the Supreme Court, when we fought this case in 1972,
conditions were normal and if they fought this case tomorrow. I'm sure
that with conditions like they are, the court would reverse their deci-
sion on spending money. I'm going to give you a little example. Suppose
New York City was in the same condition, which they are, when their
conditions were normal and they're bankrupt today, do you think they can
afford to do what we're trying to do? You bet your life they wouldn't
be able to do it. And let me tell you something, Mrs. Gordon, I think
all of you should be watchdog over the taxpayers and I've got confidence
in this Commission as a whole, maybe one or two sometimes, but let's
practice what we preach.
Mrs, Gordon: That's right. Okay, l call the question.
47
FEB 1,0 1977
Thereupon, the foliowi ng Motion was ihtroducert by C MMissiofier
Gordon who moved its adoption
MoTtot1 No, 7, 110
A MoTtoN AUTHORIZING ANb bIRt CTiNG Tilt CITY
MANAGER TO IMMEDIATEtY ENGAGE THE SERVICES Off`
AN OUTSIDE AUDITING FIRM FOR TitE. PURPOSE OP
CONDUCTING AN UP-TO3bATE AUt tTING OF "PARKS
POR PEOPLE" BOND PUNDS ; SUCH AUDIT TO INbt
CA' E EXPENDITURES ANb REMAINING FUNDS AND TO
tNCLUbE DOt,LAR AMOUNTS OP ANY GRANTS RECEIVEb
OR COMMUNITY DtVELOPMtNT PtiNbS ttTILt2tb IN THE
CONSTRUCTION or ANY CITY PARRS,
Upon being seconded by Mayor
by the following
AYES:
vote
Commissioner
Commissioner
rer"re, the motion was passed and adopted
J. L, Plummer,_ Jr,
Manolo keboso
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: Vice -Mayor Theodore R. Gibson
ON ROLL CALL:
Mr. Plummer: I'm going to tell you what. I'm going to vote with
the motion and I'm going to tell you why and for the record, I
want it fully understood that I am very, very unhappy of spending
taxpayers" money for something that I feel that we have but I resent
being placed in a position that if I don't spend that money that
it would cast dispersions on this Commission and I think it is a
sad day that we have to spend $5,000 of taxpayers'money just, to
refute the figment of someone's imagination because 1 have seen
no facts. I'm going to vote with the motion but I just wonder
and 1 question: Are we going to do this on each and every bond
issue in the City because we are setting a precedent here of
review by external audits which is not encompassed in the normal,
annual audit and I think that you've got to consider that if you
do it in one case, you've got to do it in all. I'm unhappy but
I am forced into a position of voting "yes".
Mr. Ongie: Mr. Reboso?
Mr. Reboso: Yes.
Mr. Ongie: Mayor Ferre.
Mayor Ferre: I think I've stated my position before. This has
nothing to do with reality, it's 100% pure, unadulterated politics
andI think since a shadow is cast on the City, I don't see that
this City has any choice and 1 apologize to you, Mr. Manager,
and to the taxpayers but T think that we're going to have to...
I'm sorry, Ernie. 1 don't know whether he is still around but
we're in an untenable position. Ernie, I want you to listen
to this. We're in an untenable position because for us not
to expend this money, then the next series of stories and editorials
or front page or what -have -you is that the City of Miami has
something to hide and let's recognize this for what this is.
Some of the people that want to abolish the City smell blood and
unfortunately there are a lot of hidden agendas around here as
to why people are doing what they're doing and we've got no choice.
we've got nothing to be ashamed of and nothing to hide, my attitude
on all of this is that it be a complete open process and if we
have to spend a little extra money... you notice that this doesn't
happen with Metro and the reason is that there is no attack on
Metro. They can do all kinds of things but the moment, of course,
that the City gets involved, it's different. But that's okay,
that's part of the way the community operates and there's nothing
we can do about it PO 1 vote "yes".
Mr. Ongie; Vice -Mayor...
1
Mrs. Gordan i have a question...
Mr. Plummer: There's a toll dell in p ,greys.
Mrs. Gordon i thought it was over,
Mt. ongie: Vide Mayer Gibson
Rev. Gibson: Mr. Mayor, members of the Gemnissien, having been
told by the outside auditor that you have a competent staff and
the staff is able to give us the inforttatior we need and feeling
certain and knowing positively that should this our house group
try to ascertain these facts for us, they must make it available
to the public, Theodore Gibson feels that he doesn't want to
yield to that kind of a politics nor pressure. `! am willing to
stand up and be counted and say to each person...
Mrs. Gordon May i give you some information at this moment
that is pertinent for you to have. There is an error on that
chart right there and Mr. Grimm has admitted to there being an
error on that chart as it pertains to the figures that are on
the district 6 pamphlet so therefore, you've got errors, not
intentionally, not deliberately, but there are.
Mr. Grassie: I wish, Commissioner, that you wouldn't put
words into Mr. Grimm's mouth. I don't understand that he
has said that.
Mrs. Gordon: Okay, we won't say anymore then.
Rev. Gibson 'Tell my position is that i think that we who
were charged with the responsibility of leading must lead
and the people elected us to carry out faithfully. Note
the prayers I give here. I don't just make them, i plan tht'm
and bring them in with thought. I was elected to serve, to
represent the people, to do that which is right and I've
tried. I know what you're saying but I want to be the lonesome
body who would refuse to yield to that kind of a pressure.
I just feel that if these figures are not right, we're going
to find out when the proper auditors take up and I want to
say this. I want to serve notice that if anybody misleads
me in giving this report, I've going to be right back here at
this podium asking that the person or persons who have, who
are guilty of misleading, get the other thing. And so vote
"no".
Mrs. Gordon: When you say "misleading", would you clarify your
position for the records?
Rev. Gibson: Look Rose, either this is right or it isn't
right, either it's wrong or it's r;.ght. They say that this
is right. Look, I'm not an auditor, you heard an expert, the
external auditor saying that you have a staff capable and
competent. Now I have nothing else to go on but I want to
protect myself and should I find out that they have not given
me the right information, I'm going to be right back up here
and as all of you know, I will be asking for the hides of those
who have mislead us.
Mayor Ferret Alright, I'll take the Chair back again now that the motion
is passed 4-1 and we're back to you, Mr. wilson, if you would, sir,
Are there any further questions of Mr. Wilson at this tizne3
Mr, Plummer: I just want one of clarification. Mr, Wilson, did I
understand you to say correctly that you indicated to the City Attorney
or to the Administration that You made an approximation or a guesitmate
of a figure between 20 - $25,000,000?
Mr, Wilson; I did, yes, sir,
Mr, Plummer: You did make that statement,
Mr, Wilson They asked for it and I gave it to them.
49
FE13 1.0l9i7
Mr, PlUMMer't Thank you, sir. Oho other eluostio 1, th your opinion, is
the ahy way that, t have to do some fast mathematics, $19,000,000
Mould buy the 1tC tract?
Mrs. Jordon: you're asking thin Sian to make a statement which it,..
Mr. Planer: lie an refuse to answer, Rose, he a big boy. I don't
need you to answer for hint.
Mrs. Gordon: f know and host a competent appraiser and as a competent
appraiser, you're asking him to make a dotertttination which any competent
appraiser would refuse to make and he a competent appraiser. NOW 1
am sure he's not going to answer your question.
Mr, Plummer: Are you finished, Rose? Mr. Wilson, you set the precedent,
sir, by making an approximation before. 1 think that's contradictory
to what Mrs. Cordon has just said that you wouldn't do such a thing
but you did it, didn't you?
Mr. Wilson: She said I wouldn't answer your question that could you
buy the land for $19,000,000 and is it alright if I answer "possibly"?
Mr. Grassie: Mr. Mayor, I don't believe that we've let Mr. Wilson
really make the statement that he started to make.
Mayor Ferre: Out of courtesy to Mr. Wilson, I'm not going to recognize
anymore interruptions. You go ahead and finish your statement, write
your questions down and we'll askthemafter you finish, Mr. Wilson.
I apologize to you, sir.
Per. Wilson: Well,what the City Manager asked me to do was first an
approximation of the total cost of the FEC property and that's all it
is. I have an approximation of $20,000,000. I think a final appraisal
would fold it in 20% either way. I'm inclined to think it might be on
the low side but the thing I quoted of $150,000 would be 5 consultants
and 2 appraisers. The engineers to tell us all the development costs,
feasibility plan, zoning, development plan, your slip Marina engineers
as to what kind of a Marina you could get in there, and that is basically
what I've done, that's an approximation of a fee, approximation of
what I think it would cost in the range that I think an indepth
appraisal and it would fall within 20% of
Mr. Plummer: May I ask another question?
Mayor Ferre: No, you're out of order, all of you, until Mr. Wilson
tells me that he's finished. You are out of order until Mr. Wilson
says that he has concluded his statement.
Mr. Wilson: And when I answered you "possibly", one swing factor is
the existing slip and I think legal in nature, can the FEC fill it in?
If they can fill it in, it would increase its value perhaps $15.00 a
square foot. It's worth maybe $5.00 a square foot as water. There's
a swing factor of $2,000,000...
mayor Ferre: Now wait a minute. I thought you hadn't... Oh, I'm sorry.
Mr. Wilson: There's a swing factor of $2,000,000 in your cost and if
you've got a favorable ruling, that's $2,000,000 less that you might
have to pay. Also this right-of-way that the State Road Department is
talking about, if you could get them to pay for it, you'd probably get
a million and a half from the FEC and your Bicentennial Park so there
again is a swing factor of a million and a half that z think you should
be aware of in any determination you make. Now l prefer to answer
questions.
Mayor Ferre: Now Mr. Wilson, are you finished?
Mr. Wilson; I prefer to answer questions rather than to make a speech,
Mr, Grassie; Mr. Mayor, there were three other things that z asked Mr,
wi1son to speak to and I think that just by way of information, maybe
he has forgotten. The time it would take for an appraisal., your esti-
mation/ and that's all it is, of the minimum amount of dollars for
FEB3,41977
aNIS, v
which the total property could be acquired and your estimation at this
point of the maximum exposure of the City,in other words, the range.
',that are we talking about by way of range?
Mayor Perre: Those are three questions. Alright, Mr. Wilton.
Mr. Wilton: Well, as to time for the appraisal, I'd say from the time
You said "go", it would be a Minimum of 90 days to a maximum of 6 months.
As to the fee for the appraisal, 1 would like to dote back to you after
talking to the consultants that t think ehou1d be used and find out
what they're going to charge and give you a solid total as to cost.
1f the appraisal comes in say at $20,006,000, t have, in 30 years
of appraising, never seen an instande where you can't find somebody
in the appraiser capacity to testify the opposite of whatever I've
said. Hence, when you do go to that jury and, say you're in at 20 and
they come in at 40 and the jury averages on it, you've got 30 and you
have attorney& fees and they're allowed as high as 10% and you've got
2 attorneys, you got 3 or $4,000,000 there in appraisal costs so I
wouldn't suggest you travel on just the value of the property but your
total exposure.
Mayor Ferret Mr. Wilson, I think there are two questions that remain
to be answered from the City Manager and I'll repeat them for you and
then i'11. recognize the Commissioners. One is, what do you feel is
the minimum exposure and what do you feel is the maximum. Is that how
you phrased it?
Mr. Wilson And by "exposure" you mean...
Mayor Ferre: Dollars and cents that the City has to take out of its
pocket and pay.
Mrs. Gordon: To do what?
Mayor Ferre: To take the full property of the FEC on Biscayne Boulevard.
Mr. Wilson: And your total cost.
Mayor Ferre: Was that the question that you asked? Excuse me, I'm
just...
Mrs. Gordon: Good God: Iiow could he answer a six-month job in six
minutes?
Mr. Plummer: The same way he approximated 20 to $25,000,000.
Mrs. Gordon: Well he doesn't want to be held to that, I don't think
so.
Mayor Ferre: Hey, you're out of order. Ir. Grassie, are those the
questions that you asked of Mr. Wilson?
Mr. Grassie: Yes, and in fairness to the Commission, I want you to
understand that what we're trying to do is to bring you enough infor-
mation so that you can make an intelligent decisiol.
Mayor Ferre: Mr, Wilson, would you answer that or not answer that as
you choose.
Mr. Wilson; Well if by "exposure'" you mean your total cost not only
land but all your legal. fees.
Mayor Ferre: Yes, sir.
Mr, Wilson; Well your minimum, if FEC, and this is riding the rainbow
1 know but if it's appraised for $20,000,000 and they accepted it, then
that would be your minimum but 1 wouldn't suggest.,,
mayor Ferre: I thin% he was including everything,
Mr, Wilson That would be everything if you didn't have to l .tigate,
Mayor Ferro; I see, And the maximum?
Mt, Wti! oti; it could fufi 30,
Mayor Vetrvt Okay,
FMr'i. Ci,r Inii: Mriy I ask ri ror+til Ir ii 'low, Yoiit Iloao t
Mayor Ferret Ate you finished? I'll tecognite you, Mrs. Gordon,
soot as Mr, uiitson is finished,
Mr. Wilson: I'm finished,
Mayor Ferro! You are finished,
Mr. Wilson: If I answered the question i'ti finished,
Mayor Ferre: Mr, Grassie, is that an answer to the question you asked?
Mrs. Gordon.
Mrs. Gordon: Oh, thank you. My question, Mr. Nilson, To out the cost
of the appraisal that you would be doing, is it possible and isn't it
probable that we have in-house information that you could utilize so
that you would not have to hire as many consultants, for instance, on
engineering? In our Public Wotks Department we know where the under-
lying utilities are and the bulkheading and that sort of thing.
Wouldn't that save us from dollars from the total cost of an appraisal?
That is one point that I wanted to bring out and then t have another
thing.
Mr. Wilson: It could but I think from the overall scope of it you would
be better off going outside for speed and...
Mrs. Gordon: Wouldn't it also be true that the people you would be
needing to utilize for that would have to go to the City anyway in order
to obtain that kind of information because we have it and it's in-house?
Mr. Wilson: Well I would say that 90% of their work would be within
the property designing a to be sub -divided and where the
water and sewer main fill and the sidewalks and streets. They would
have to come to you to find out where the outside things are but they
would be doing a design scheme for this 32 acres.
Mrs. Gordon: Okay. You're talking about doing a design scheme and I
am wondering why, when we were in court, if I can get the Mayor to
listen to this I will continue:..
Mr. Plummer: Are you finished, Mrs. Gordon?
Mrs. Gordon: No way, I'm not finished. I'm waiting for the Mayor to
come back.
Mr. Plummer: .I'll surely give you the courtesy. Mr. Wilson, let me
ask you a question which I'm sure the Mayor knows the answer because
he's in high finance in a lot different way than this poor little boy on
Flagler Street. Mr. Wilson, of your knowledge, sir, not relating now
to necessarily the FEC case, what happens, sir, if you go to court and
you are awarded the right to take a piece of property and you don't
have sufficient monies to be awarded by the court, what position is the
City in then, sir?
Mr. Wilson: Welljit depends on whether you go in and condemn, have a
trial and title passes at the end of that trial. If the award is too
high, you can walk away but if you have what is called an "0. T," which
you had on the first three.,.
Mr, Plummer; An '0, T, "?
Mr, Wilson: An o,T,.'corder of taking, Well you go in and say that you
need it and you need it now and we'll pat the money in a court and try
it later and then later that verdict comes oacnessiye].y, you're still
stuck, as I understand it,
Mrs, Gordon; Now that the Mayor is b
fine h?
FE 1977
Mr. Plummer: Let mt finish mine, 1 ose. th other words, Mr. W'ileon,
in your estimation, you know that we have roughly $191000,000. to that
correct, Mr. Grassie? Alright. Now let' e asetTe that the sate
assumption that you used that you come ih with a 20 and they dome ih with
a 10 and the court strikes the middle ground and the City finds itself
by the court to say go ahead and the City says we don't have 25, we've
only got 19. Then where are we, sirs
Mrs. Gordon: I think you're asking the appraiser to give you a legal
answer, C. L.
Mr Wilson: There's two Ways of going and if you go.in on the 6T, well,
first,t think they would stake you put up at least $20,000,000 and some-
times they will make you put up more than your own appraisal but if
you go the tnurgent route, you just walk away.
Mr. Plummer: What avenue, Mr. KnoX, are we pursuing?
Mr, Knox: Mr. Anderson is the expert.
Mr. Plummer: Are we on the OT or the NOT?
Mr. Grassie: Welh on the first three properties i understand that we
have been on the Order of Taking..
Mr. Plummer: Well we've got money to cover that, Mr. Grassie, that is
not a concern. I'm concerned about the other portion, sir. Is our
suit on the OT or the other way?
Mr. Knox: It's on an OT as far as I know. I'll get Mr. Anderson to...
Mrs. Gordon: No, it is not. Can I continue...
Mr. Knox: As I said, I'll get Mr. Anderson to answer the question be-
cause he's the one working on the case.
Mrs. Gordon: Okay, may I continue...
Mr. Plummer: Mr. Anderson, would you just simply answer. The remaining
portion of the property which is not covered in the present taking of
$3,400,000, the remaining portion, are we on an order of taking or
just on a simple condemnation?
Mr. Anderson: Just a simple condemnation. We will next seek the rightf
to take. That will be the next step.
Mrs. Gordon: Okay, and when could you possibly do that? How soon?
Mr. Anderson: we can ask for the right to take at any time and we will
ask for another hearing.
Mrs. Gordon: Okay, now a question to you, Mr. Wilson, please, sir.
Mr. Wilson:' I just might like to be sure that he answers that question...
Mr. Plummer: Well my understanding of his answer is that we are not
under an OT.
Mr. Wilson: If, hence, if they come in too high you can walk away under
a normal condemnation.
Mr. Anderson; That's right. If we can uphold the lower court on the
first three parcels, whatever a Jury comes in with, we must buy the
property at that figure and the date of the taking will be the date of
our appraisal on that. The date of the trial will be for the remainder
and then,.,
Mr, Plummer: but the remainder is the question. Is that on an order
of taking? .,
Mr. Anderson; No,
Mr., Plummer Or on a, what do you Call it, a si plc 00n Omnat 4n?
FEB1,01977
Mr. Ahdetgoht no, we couldn't do that, really, because we don 't know
what the Jury is going to dote up with and We would be a tuck buying the
property and might hot have the Money,
Mr. Plummer: Okay.
Mrs. Gordon: Okay, may I question you now* You said that you have to
come in with design scheme on this in corder to cote up with an appraisal
of value. I'm hot going to dispute you on what you're saying but what
I am going to say is that when we did the Dail Point property, we had
a simple appraisal, we did not have design schemes that I ever heard
about and we had more than one appraiser and neither one of them did a
design scheme approach to the value of the property. NOW if I'm wrong,
please correct me on that.
Mr. Wilson: 1 don't know what the other appraisers did but 1 think hall'
Point is 4, 5 or 6 acres.
Mrs. Gordon. 8 acres.
Mr. Wilson: 8 acres and this is 32 acres and the 6 acres is not an
unusual site, it's big for downtown, 32 that are known. `you'd have to
divide it in some manner. It's an OMNI type development or a Claughton
type development or wisher Island__. That's what you'd have to have.
Mrs. Gordon: You're saying then that because of the size of the parcel
that you feel that you have to approach this in a different manner. Is
that it?
Mr. Wilson: Any informed buyer would approach it that way and that's
all I'm attempting to do is estimate what he'd pay for it and he can't
come up with an estimate until he has some idea what he can do with it.
Mrs. Gordon: Okay, then when you do that, don't you do that on the
basis of its present zoning?
Mr. Wilson: That's a legal question.
qrs. Gordon: No, you, on your appraisal.
Mr. Wilson: Not if I don't feel the present zoning is the highest zoning
they could get. If I think it could be changed, there's a reasonable
change of getting it changed, you value it on that basis. That's how a
person would buy it.
Mr. Anderson: The appraiser has to consider the probability of rezoning.
iie must consider that.
Mr. Grassie: For clarification, Mr. Mayor,_I think that we need to make
sure that you understand that the walking away business does involve the
liability of legal fees. In other words, if we have a court action, we
decide that the Judge went too high for us, we have legal fees that we
will be liable for and possibly Mr. Anderson can estimate for you what
that's likely to run,
Mrs. Gordon: Who was it that mentioned previously? Was it you, Mr.
Anderson?
Mr. Grassie: Could I get that estimate, Commissioner, just so that the
Commission knows what's involved?
Mr, .Anderson: Well it's going to be difficult but if the Jury Came in
with a verdict of something like $30,000,000, the rule of thumb has been
10%, i don't think that they could justify that in this case and 1 think
it would probably be considerably lower but 1 don't know how much lower.
It might be like a a million dollars. They're obviously going to be
claiming that they've been working on the case for 5 years and if you
remember, the County walked away from one and took a $600,000`.paid
$600,000 in legal fees and got nothing for it,
Mrs. Gordon; Okay, 1 want to make mention of one thing that happened at
the time of the Bali. Point propertyls dropping of the suits and 40 forth,
we had tried, we said, to get monies from the County, the tate afid
whatever but we did not, we did not pursue it: The County never titet
on it as a full body, there was only conversations between various
persons of that Contntisaioh, the Mayor and the Mayor of this Cofn1ieeion,
Clever did that, to my knowledge, dome to that Gottission as an item
for their densideratioh and t think that if we're comparing our efforts
on obtaining funds at that time to today and if we pursue obtaining
additional funds today with the same determination that we obtained it
then, we will have the same results. Now t remind you that lnterata
owes the City $8,000,000, the Mate owes us $8,000,000 for the lnterattta
Sub andjcorrect me if I'm wrong Mr. Manager, but is it poseible that
the legislature, by appropriation in this coaling session, if this
Commission is truly dedicated to obtaining this property and to f'u1
filling the will of the people who `doted for this bond issue, that we
could appeal to the legislature to make that appropriation available to
us so that we could add it to whatever funds we may have available from
the remainder of the bond issue and also from whatever Community bevel-
opinent funds might be available for land acquisition.
Mr. Grassie: Well it's difficult to answer, Commissioner, because you
asked me whether that's possible. Of course anything is possible.
Mrs. Gordon: That is
Mr. Grassie: Now the
has the commitment to
that's the figure.
possible.
question is whether it's likely. Now the State
pay the City $336,000 every six months, I believe
Mayor Ferre: How much is it?
Mr. Grassie: It's over $300,000, $336,000 sticks in my mind. ..,every
six months. However, they have not made their first payment which was
due the first of January and they have asked for a period of time, six
months, until the first of July, to attempt to secure this from the
legislature. If they do not secure the money from the legislature, the
City has nothing to expect from the State except a couple of acres of
land every six months.
Mrs. Gordon: Isn't it true, though, Mr. Grassie, that this Commission
and through the Dade Delegation, if in fact we sincerely desire to
obtain this money and through our representative, our lobbyist, really
made this a priority item that we would indeed meet with some success;
you know that there are even halfway marks. If you don't get the whole
you might get a part and that part might be all you would need to (-
supplement. what if there is a shortage of the amounts of monies that
will be determined after the audit is made?
Mr. Grassie: That, of course, is a political question, Commissioner.
Mrs. Gordon: It's not a political question, it's a practical question.
Mr. Grassie: You would be better able than I to judge your likelihood
of success and I think that that would be measured by your past success
in getting things adopted as you wanted them to be adopted in the last
several years. 1 just can't answer that as well as you can
"1rs.Gordon: Well the legislature has responded favorably to the pack-
age of requests that this Commission put to them in the past few years
and our lobbyist has been effective in lobbying for it when we have so
instructed him, we sincerely wanted his Cooperation to the fullest and
he has been able to get a few different matters passed up there and I
would believe that this would be one of them. I would like to move you,
sir, that we order an appraisal of the property,
Mayor Ferre The motions ,
Mrs. Gordon; .r. think we better wait for Father Gibson to come back,
Mayor Ferre; ...I think is, if I'm not mistaken, and we went over this
two weeks ago or three weeks ago, whenever it was that we met and discussed
this, is not necessary because the Commission has already gone on record
instructing the Manager to get an appraisal.
•
Mrs. Gordon t ire didn't do it, though. He felt that the consensus of
your f leetit ` ill your rotes upstairs produced a 4 i against the taking of
the whole and therefore whet he called Mr. Wilson, Mr, Nilson, who is
standing at the microphone now and will Confirm it, was asked to tell
us how Much land wt could get for $9,O60,0OC, $0,000,060 or $101060,000
Afl1 1 correct, Mr. Wilson?
Mr. t4Iisont Yes, and also what the whole thing would cost.
Mrs. Gordon: On a speculated guess but not oh an appraisal. Were you
told to appraise the whole?
Mayor Ferret
Mrs. Gordon :
Mayor Ferret
the Mast two
Mrs. Gordon:
on, Maurice,
let me. Mr,
property?
Mr, Wilson:
Mrs. Gordon:
Mr, Wilson:
Mrs. Gordon:
property.
Mayor Ferre:
Mr. Plummer:
Oh lose come on.
No, I'm not coming on, I'm telling the truth.
You're not coming on? That's what you've been doing for
weeks now, you've played this one enough...
Maurice, will you let me finish, I let you finish. Come
let's let me finish. I couldn't interrupt you, you wouldn't
Wilson•, were you told to appraise this whole piece of
No, he asked for an approximation...
An approximation. Were you told to'appraise this property?
Not yet.
I move you, sir, that we ask Mr. Wilson to appraise this
Is there a second to the motion?
Very definitely, we've got to have an updated appraisal.
Mayor Ferre: Alright, there's a motion and a second that we reaffirm
our previous position to appraise this property. Is that correct?
Mrs. Gordon: This is an appraisal, not an estimate or a guestimate...
Mayor Ferre: This Commission, Mrs. Gordon, went on...
Mrs. Gordon: It's a clarification, Mr. Mayor, that's essential to the
point.
Mayor Ferre: Mrs. Gordon, I agree with your point and I am going to
vote for an appraisal. I am strongly for an appraisal. Anything else,
Mrs.Gordon? I want to make a statement that this, again, as I said
before that this Commission has previously voted for an appraisal and
all this really does is it reaffirms that. I just want to make sure
that we get that clear. If you want, I'll get you the date of that,
it's back in 1973.
Mrs. Gordon:
Mayor Ferre;
Mr. Plummer
Two year old appraisals are no good for court presentation.
There was never an appraisal made, as you well. know.
I call the question.
Mayor Ferre; I'm saying that the Commission, has already gone on record
asking for an appraisal. It was a surprise to all of us, 3 weeks ago,
that it had not been done,
FEB 101977
Thereupon, the following Motion Was introduced by Coaissioner
Gordon who moved its adoption:
MOTION NO. 77 111
A MOTION AHTHO1tt2ING AND DIRECTING THE CITY
MANAGER TO IMMEDIATELY ENGAGE THE SERVICES
OE de I. WILGOtN TO MARE AN IMMEDIATE APPRAISAL
OF THE F.E.C. PROPERTY ADJACENT TO E ICEt TENM IA
RARE.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Commissioner nose Gordon
Vice -Mayor Theodore A. Gibson
Mayor Maurice A. Eerre
NOES: None.
Mayor Ferro Is there further discussion with Mr. T4ilson?
Mr. Plummer: wellnotwith Mr. Wilson but I have one other point to
discuss.
Mayor Ferre: Alright, Mr. Plummer, I'll recognize you at this time and
then I will recognize you, Mrs. Gordon.
Mrs. Gordon: I would like to ask Mr. Wilson a question if I can. Mr.
Wilson, knowing the urgency that this Commission faces with regard to
the decision on this property and knowing that we have asked for an
audit to determine the dollars we will have available from the bond
issue and from other sources, how soon could you possibly promise us the
completion of this appraisal? Getting full cooperation from the Admini-
stration and from all of our available sources, our engineering department
and Public Works, everything we have, our Planning Department, at your
disposal, how soon could you do it?
Mr. Wilson: My difficulty is I don't know the availability of the
consultants I think should be used and so forth. A week from now I
could give you a much better answer after I talk to them but all I can
say is what I said before...
Mrs. Gordon: You'll come back at our next Commission meeting then with
that information?
Mr. wilson: If I can do that
Mrs.
Gordon: Okay, thank
I sure could.
I'd be pleased to.
Mr. Grassier Clarification, Mr. Mayor. I understand that this will have
to be formalized in a resolution. We're talking about an expenditure
not to exceed $150,000. We will ask Mr. Wilson to select the consultants
that he needs in order to present the kind of appraisal that you are
asking for and I would suggest to you that in additon to Mr. Wilson
that we retain one additional appraiser so that you end up with two
appraisals. The consulting work will be used by both appraisers but the
appraisals will be independent of each other so' that you will have two
figures. As I say, this is the recommendation that Mr. ailson made and
I certainly concur with him,
Mayor Ferre; Does anybody disagree with that?
Mr, Wilson; The second appraiser would be in this 150.
Mayor Ferro; I understand, that was clear. Any further questions of
Mr, Wilson? Alright, Mr, Plummer, you had a statement you wanted to
make,
Mr., Plummer; Mr, Mayor, I have asked for the minutes back. I want to
clarify a point that when Mr, Grime walked away in reference to
resolution i6 62. Mr, Mayor, I think i oan do it without referring
to the Minutes at which time it was said that the monieb were taken
from the Dail: Paint and put over to the P2C and that wt had, in fact,
dorie this and t think that if you will read the minutes, not just the
motion, you will: find that my intent was very clear. That motion spoke
to those monies merely being tied up in a publid trust not to be spent
and the intent of what i was trying to accomplish was that nobody could
until thisCommission t %iCie hat
it wanted to do and I lust Cant to make that corrections for the record
that we dispend those monies for arty purpo9ed not, in fact, spend those monies, w merely tiers them up AO
that they ooul not be spent.
53
fl1SCUUgION OP XECUTIVE M ETING WELD oN JANUARY 6) i /7
tv. Gibson: Mr. Mayor, members of the COMMI4Sied, this ib a little
different to that out there but it has some bearing. Is that aright'
Mr. Mayor, members of the Commission, I think we ought to make it
crystal clear for the record's sake because I lire on the clouds and
I do not wish to. i think it ought tee be fade very clear how we got
into that meeting up in your Conference Room because it was my under-
standing that prior to our departure ► when we first carat, Mrs. Gordon
announced that she was going to leave because she, at an early hour,
had a doctor's appointment and said that she would return. i understood
further that it was brought in open :'fleeting, the press being present
right at the stable, that we would, we had a very important item to
consider which was the Ftc property.
Mayor Ferret On the record we said it.
Rev. Gibson: Yes. The Mayor unequivocally stated, I trust the paper
will do me the favor of writing this and so will television and so
will the radio station. The Mayor unequivocally stated that we would
not proceed until Mrs. Gordon returns. The Mayor proceeded further to
ask for Mrs. Gordon's Assistant and to apprise her that...
Mayor Ferre: No, what I did was I called Mrs. Kory and asked her when
Rose would come back. The discussion was limited just to that.
•
Mrs. Gordon: She was not advised about any kind of a meeting going to
take place.
Rev. Gibson: And it was said... Well I knew because Rose told me she
was going to the Doctor and she would return shortly, certainly by 4:00,
and we then agreed to...
Mayor Ferre We waited till about 4:35 before we met.
Mrs. Gordon: I stated no certain time of return since I didn't know how
long the Doctor would take examining me but it's not the point...
Rev.
Mrs.
Gibson: Rose... Wait a minute
Gordon:` You finished and I...
Mr. Mayor.
Rev. Gibson: No, I'm not finished. I want to tell my story.
Mrs. Gordon: And then I'll tell my story.
Rev. Gibson: I want to tell my story because you know, man, you've been
to the Grand Jury, you've been to the newspapers, radio, television be-
cause they said 4 of the Commissioners, the Mayor and the three of us.
I want to make sure that nobody thinks that 1 think that this public
business is my business. Okay? Rose told me that she would be back
around 4:00. The Mayor and the rest of us waited here and waited and
waited and waited in an effort to snake sure that nothing was done nor
said that Rose did not know. The Mayor asked the Clerk was there a
tape available so that the meeting could be totally taped if we got to
talk about anything or to say anything that Rose could read it for her-
self. We wound up in the Mayor's Conference Room and we waited and
waited and waited. We started. Mr. Grassie began to teal us ♦ say
approximately he had talked maybe, at the most, lC minutes if that long.'
As soon as Mr. Grassie returned, Rose cane upstairs to the Conference
Room and as she came up, the Mayor said to Mr. Grassie, "Mr. Grassie,
stop, start over again," Rose, if there is any doubt ,n your and as
to what Mr, Grassie previously said, there is a tape available. From
that point on, the five of us who are the elected officials of this
City participated in any and all di.scussi.ons. I found it ineredi.tab1..e
to watch television, to read the newspaper, to listen to the radio and
to get the impression that we had an exclusive meeting of four, God
forbid, 1 trust that we are not playing with the welfare of this City
as 1 think sbte of us are doing, 1 want to say further, the Mayor
does not reed tie try coiie to his rescue but the Maybr is the Mayor, he
is bur leader, he did nothing wrong, not knowingly to me, and 1 would
hope that as we are here today, we would consider each other, that we
would deal with each other lovingly acid tenderly and 1 would hope that
we would not wart to go and Climb on the back or batiks of anybody.
There is enough roon in the world for all of us. There is enough room
in the world that we can all do our thing. There is enough place in
the world that we can all take a place and one thing 1 learned, you
may not need it today but my brethren, if you live long enough, you
will need it and you'll wish dod that you hadn't done it, 1 say again
with a passion, with a concern, with`a love, with a devotion for the
City of Miami that we ought to stop what I think we are doing. 1 don't
think we ought to take advantage of each other, I hope, I didn't say
that to offend anybody because in my mind and in my heart and in my
soul, I am grievously hurt because I got the feeling, and I'm sure that
everybody else did, that four of us attempted to run the business of
this City behind closed doors when all of us were there. Now if you
say we didn't have the right to go up in the Mayor's Conference Room,
that may be questionable. The Mayor specifically asked the Attorney,
Mr. Knox, could we do this;and he said only if you agree to discuss
nothing more than and it mst be regarded as Client -Attorney relation-
ship. That is like going into the confessional, that's what that meant
and that's the way in which I participated in that meeting and to the
contrary to what the newspaper, radio and television would have this
public understand and know. The eyes of the people are upon us. We
may not understand this, you can fool some of the people some of the
time, you can fool all of the people some of the times but you can't`
fool all of the people all of the time. Please don't let us take
advantage of the people.
Mrs. Gordon: Alright, now may I have a rebuttal, please. I read to
you from the records of the transcription of the end of the meeting
of the Zoning that took place on the date of the 26th of this month.
Mr. Plummer said, "Mr. Mayor, I just got to tell you something. I've
just got to put it in the record. You know, Rose has been in total
opposition to everything relating to FEC and to go into an Executive
Session without her there is just as bad as discussing item #15 without
her being there. Mr. Ferre: "I agree and L'lY tell you something in
the meantime." Mr. Plummer: "Let me suggest we do it at 8:30 in the
morning." Mr. Mayor: "Let me find out if we can get -- Charlie, do
me a favor ` and see if -- What's the number upstairs? Does anybody
know?" Mr. Plummer: "Where?" Mr. Mayor: "Mrs. Gordon's office."
Mr. Plummer: "6017." Mr. Mayor, Mrs. Kory is here. She has given me
a written statement. She was not told there would be an Executive
Meeting. She was simply asked if I was going, to return. You, Mr. Mayor,
admitted that you never told her there would be an executive meeting.
Are you denying that now?
Mayor Ferre: Mrs. Gordon, are you accussing me of being dishonest?
Are you saying that I'm a liar? I've told you over the phone, in per-
son. You're trying...
Mrs. Gordon; Did you tell Mrs. Kory there would be an executive meeting?
Mayor Ferre: Mrs. Gordon, you are not Richard Gerstein You know what
I've told you, I said it on the record. Now stop kicking people around
and trampling on these things using this for your personal gain and
just let it ride, Now I've already made this statement to you and I'm
not going to repeat it. You heard me,
Mrs, Gordon: Mrs. Kory, would you take the microphone please and put
on the record the fact that you were not told there was an executive
meeting to be held. Now if you will let her put that in the public
record, you don't have to answer.
Mrs, Delores Kory; My name is Delores Kory and I'd be happy to answer
any questions,
Mrs, Gordon; Mrs, Kory, the Mayor called you and asked you what?
MrS,
Kory; Asked me when you would return.
FEB10L977
Mrs. dordbn What did you say?
Mrs. Rory: I said that I dicl not know, t expected you to rettrti.
Mrs, dordo is And then what?
Mrs. i< ry: And then I heard the Mayor say that there's only oho more
item left and that can be postponed for tomorrow and with that l tried
to field out where you were to tell you not to come back,
Mrs. Gordon: You were not told there would be an Executive Meeting?
Mrs. Kory _ No, I was not.
Mrs. Gordon: Therefore, you had no reason to bring me back to City
Hall and you tried to reach me, you couldn't reach me so that 1 came
back of my own volition only because you couldn't reach me. is that
correct?
Mrs. Kory: Exactly.
Mrs. Gordon: Okay. And from the Minutes, Mr. Mayor said, "Mr. Grassie,
would you then inform Mrs. Gordon and 1. guess commissioner Reboso,
that we will go into an Executive Session at 8:30 tomorrow morning for
the purposes of discussing this item. "Do it tonight?" "The trouble
is that we don't know when--- t?e're here to keep a tape recording of
this. Is that correct? I'il tell you what let's do then. Let's go
ahead for information purposes, at least go over this and then you
will make the tape and we will not come to any decisions until Mrs.
Gordon has had the full opportunity to hear this and then we'll con-
tinue it tomorrow so I am calling an Executive Session in 5 minutes
upstairs in my office and if you will be there and have a tape recorder,
then we'll take it from there. It may extend until tomorrow. We will
have to, we won't come to any conclusions today." That part is fine,
you did good, but you did not tell my secretary to bring me back to
City Hall and that is the key point to the whole thing.
Mayor Ferre: Mrs. Gordon, you keep trying to imply that I did say that
I have never ever told you. Look, the other clay right here you told me,
"I'm very upset with Delores Kory for other reasons of things that, and
I want to know if Delores ivory Lied to me. You asked me that.
Mrs. Gordon: That's right, :r asked you that.
Mayor Ferre: And I told you, I said look, Rose, Delores Kory did not
lie to you. I at no time mentioned to her the Executive Meeting. Now
you keep inferring as of at anytime... Mrs. Gordon, have I` ever told
you that I told Delores Kory that there was an Executive Meeting?
Mrs.Gordon: Mr. Mayor..
Mayor Ferre: Did I? You asked me a question like you were cross-
examining me in a trial and you're going to hang me.
Mrs. Gordon; I asked you before because Commissioner Gibson implied
something that needed to be corrected on the record, the public record,
and that's the only reason 1" brought this matter against this table for
reiteration that my Secretary, Mrs. Kory, was not told you were going
to have an Executive Meeting and I think that sums it all up,
Mayor Ferre; Mrs, Gordon, I've repeated it at least a dozen times.
You want to make a big issue out of this. I understand your reason and
your purpose but I want to tell you that at no time did I ever tell you
otherwise and you know that's a fact, Now you keep on asking me, yes
but when are you going to stop beating your wife and 2 say I don't know
what you're talking about, Answer me, when are you going to stop
beating your wife? Now you know...
Mrs. Kory; I'd like to have it in the public record why Mrs, Gordan
was so upset with me. There was a Superwalk scheduled for 5;30 that
evening, February 26th, and this is a very, very major error in her
book, l had marked it 7:30, Her other office manager was trying to reach
her to make sure she would be going to that 5;30 meeting and she .v
here today and She can tell you so that we 'were not able to coYtadt
her so knowing that sir believing that that meeting Was at 7 30 rather
than at St20 which should have been in her books date back to City
Hall feeling she had the other two hours free time.
Mrs. tordbn: And 1 assume it was the will of cod that belores Made
that one error and I thank her for making that errors `flank you.
Mayor t'erre: Mrs. story and Mrs. Cordon, I think the matter is per-
fectly clear. My conversation with you was very short. 1 asked you
when Mrs. Cordon would return and you said shortly. It was at that
time 4:00, Mrs. Gordon had told me that she would leave at 3 and re.
turn at 4 and we didn't meet until about 4:45 and the reason we met
at that time was in hopes that by that time you would be here and the
fact is that 5 minutes after we started, you were there and the fact
is that we did keep a tape recording for the very specific reason that
we didn't want anybody to feel that this was a secret, hidden meeting.
And the fact is that Minutes were taken and the faot is, members of
the Press and therefore the public, that the tape is available to you,
you can hear it anytime you want and as one of the members of the news-
papers know, that very same afternoon, that evening around 6:30 or
7:00 I talked to a member of the Miami Herald Staff and I told him
about the Executive Meeting. It was not intention to hide anything
and it was a matter of open record. Now the fact is that that after-
noon Mrs. Gordon did take Mr. Grimm's file, had it photostated and
released it to the. Miami News the next day which fine, she's got a
right to do that and I don't see anything wrong with it other than she
did it unilaterally rather than telling any member of the Commission
what was going on and that's fine and that's how this whole thing was
pursued by the Miami News the following day and it was a major story
and an editorial and that's fine. Everybody has their opinion as long
as we all understand what's going on and why it's going on and I don't
think there's any doubt in anybody's mind, number one, as to what has
happened and number two, as to what the intention of trying to do what
is being done has been done.
Mr. Plummer: You know, the only thing I can think is there is a little
man in Jacksonville that's laughing and laughing and laughing.
Mayor Ferre: And there are some other people in this town who are
dead set in tearing up this City and they're laughing too because we're
doing the job for them real easy.
Mr. Plummer: Did Mr. Wilson leave?
Mayor Ferre: I think he did, J. L.
PERSONAL APPEARANCE: _ HERBERT SIMON - CONCERNING POSSIBLE RELOCATION
OF PROPOSED AMUSEMENT PARK. (M1AM1GO)
Gordon: Mr. Simon is standing at the microphone, Mr. Mayor.
Mr. Herb Simon:
Could I have a couple of minutes?
Mayor Ferre; Of course.
Mr, Simon: This is all unfortunate but I really don't care who did what
to whom, I am interested in what happens to the property. By the way,
my name is Herbert Lee Simon, I'm the City of Miami's Chairman of the
Citizen's Committee for the development of Watson Island and I just will
take only a couple of minutes, You know, the development of something
of interest in Miami has been a dream of mine and a number of other per
-
sons including the Commission and I know you particularly, Mr. Mayor, and
that's why we've been working on the Watson Island development and this
could possibly influence your decision on the FBC property. I didn't
mean to bring up Watson Island at this time but these two are ' in a
The FEC property, as I understand it, consists of approximately 32 acres
of which about 9 acres are a beat slip. Now what I'm going to present
is the idea occurred to me just a couple of days ago of perhaps moving
the Watson Island or Tivoli. Gardens project over Lo the ITC property)
the MiaMigo project. The FEC property is in the hcatt of downtown whiCh
would be a great boost in revitalizing the downtown area. TherelS ho
major City ih thig Country that has n family entertainment area such
as this would be ih the heart of downtown and by the way, I'Ve heard
a lot of discussion on the FEC property, I'Ve heard of no specific d§0
of this property. 13ayfiont Park, that is little used at the SOuth ehd.
for it other that to be a park. Now We already have park at either end
4
ME
ME
MI
ME
Bicentennial Patkt it isn't Used at all at the North end and thee
parks would receive much greater use and enjoyment by the public and their
presence wbuld include that having to use part of the PtC
area for free public parks sued as would be necessary on Watson Island
because we already have them. The OMNI complex to the north will make
this one long continuous area of interest for the citigens and visitors
alike. This PEC property is waterfront like Watson Island but unlike
Watson Island, we have sewer lines available already, the public could
walk to the area from downtown and no access roads would have to be con"
structed, Downtown parking garages could handle a large portion of the
cars especially at night when they're nearly empty with shuttle buses
or open trans. This would be a great asset to the downtown hotels and
the convention center for downtown. The project would have easy access
to Miami Beach tourists. This would also resolve complaints of the
cruiseline officials that passengers have nothing to do in Miami while
they're in port and this property is in close proximity to Dodge Island,
We'll be preserving this area for the future citizens and visitors to
Miami and I truly believe that this project will insure Miami to be one
of the great cities of the world. And I think this would be more like
the Tivoli Gardens concept because it would be right in the heart of
downtown where people could walk to it, we have parking available,
shuttle buses run to people in the park and garages. It would utilize
all the facilities we have downtown and I thought it might influence
your thinking so I present this.
Mayor Ferre: Herb, I'd like to say that you know the very high regard
that 1 have for you as an individual and as a citizen and it was for
that reason that I asked you to Chair this ,Watson Island Committee. Now
want to tell you that I completely agree with your statement about
that really is the best place for an amusement center and everybody that'
has looked at it has said so. But let me tell you, the problem is that
every time we discuss the possibilities of using Bayfront property for
anything other than green area, we get a hornet's nest from the same
group of people. Now these people are the ones that want us to proceed
the purchase of this property and I want to buy that property just like
everybody else does. 1 think it's just ridiculous that Mel Reese and
the people who were setting these, not the Commission, the Commission
doesn't_know any better but $15,000,000 for that piece of property back
in 1972? That was just an impossible thing and it was just destined to
the kind of problem we're faced with now. It isn't that we don't want
to buy it, the question is as Ernie Fannato stated. I would guarantee,
I would give you 10 to 1 odds that if we put this back on the ballot
anytime with a $20,000,000 price tag, that thing would go down in defeat
2-1. There's no question about it in my mind. I don't think the people
of this community would vote for it and this is just a guess on my part,
how do I know. I'm for buying it if we can get the money and I've said
it time and time and time and time again. We need to get the County and
the State to give us some money because we just can't afford it all by
ourselves. If this thing ends up costing what I think it's going to cost,
we're talking about a figure between 20 and $30,000,000. You know, you
are in real estate, that if you go into a Jury trial and you say that the
property is worth 20 to 25 and you're opponent is obviously going to say
it's worth 30, no Jury is ever going to award anything lower than your
figure which is $20,000,000 and you know that if you go on the appraisals
and you go on the State rules of what the legal fees cost, you know there
is going to be a $2,000,000 legal fee plus the appraisals and the testi-
mony and all this stuff. You know that that's going to cost us 22 or
$23,000,000 and that's where the rub comes in,
Mr, Simon: Everything you say is right but this, I think you would
agree, would prevent Miami from being a dying City like some of the
eastern cities,„
Mayor Ferro; I couldn't agree with you more,
FE 10 977
Mt. Simon: This is the gateway ffoff► South Merida and t think it would
just be a fantastic place. It would revive downtown which is what you
have been desperately trying to do and as a real estate saletmat, yeet
t think t could convince the public, which, incidentally is my Committee's
job to do, if we had a proper use for the property+ Now t could agree
with trnie Palmate. that just to buy it for the birds, if you'll forgive
the expression, I don't think I would go for it but if we have a use
for it like this which would really be for the development of Miami,
we're not cutting out public parks for people, we would be really
utilising our iayfront Park and our ticentenfiial Park tied in with the
OMNI compieg with the cruiseiines, it would just be a fantastic thing.
If we had to have open green space, as you say, perhaps we could swap
the amount of acreage and not trade off Watson Island but use that
portion of Watson Island to equal the amount of green space we would be
taking for this portion of the PEC property. I didn't know that it had
been considered because understood it wage..
Mrs, Gordon: i don't remember it ever being considered along what you
are saying. t don't recall, do you? Mr. Mayor, did we ever consider
this property for an amusement type of complex that.
Mayor Ferret Yes, it's been discussed over the years.
Mrs. Gordon: I don't remember it, ever.
Mayor Ferre: well I do, very specifically, having discussed it right
here in this room with those microphones when I was a Commissioner and.
,• subsequent to that, after the bond election of 1972 and the previous
bond issue and I remember Gloria Calhoun specifically, and I remember
that very vividly, and Dan Paul and other people say that that would
never, that they would never stand for anything but green space in the
park.
Mrs. Gordon: Well, Mr. Mayor, may I make a statement. It is so obvious
that if we don't take this property in condemnation and if there is
private ownership, you're going to have a heck of a lot development than
you'll get in a Tivoli Garden. Mr. Grassie, would you answer me one
question. Where are we getting the 121 million dollars for the infer -
structure of the Watson Island proposition?
Mr. Grassie: The City' s plan has always been to bond for that, it is
still that same thing.
Mrs. Gordon: To bond for that under the infer -structure.
Mr. Grassie: That's correct.
Mrs. Gordon: To bond for that under what? The revenue that's produced?
Mr. Grassie: It will be revenue bond... Well the plan that you have
approved so far is a revenue bond plan with half of the bond issues
supported by, if necessary, supported by FP&L revenues.
Mrs. Gordon; I'm talking about the infer -structure portion.
Mr. Grassie: And that is exactly what I am talking about.
Mrs, Gordon; Well as I understand that, the Statutes of the State of
Florida at this time do not permit amusement parks to fall in under the
revenue bonding abilities unless the Statute is amended and it's going
to have to go to the people, I have it here, it's in the legislature
coming up for amendment now,
Mayor Ferre; We're going to break up for lunch and we'll, be back here
at 2;00 and at that time..,
Mrs. Gordon; I must have touched a sensative cord.
Mayor Ferre; ...and we will then continue this discussion.
PLA is CEaTI TES or *RE tAt mN S CIAL ITEM
Presentation of personalised Magic City Scrolls to the member§ of
the travel group of the Adult Education Institute, University of
giftgea t )Constant, West t ermany. They are touring the State of
Florida because of the great interest which they have in All facets
of American an life
Presentation of Salute to Culture
Herman, president of the Cultural
Presentation of retirement plaque
Building Inspector, for more than
of Miami.
Weeks Proclamation to Mr. Robert
Executives Council.
to Mr. Stanley J. Hittner, Chief
28 years of service with the City
4, Presentation of Salute to Hospitali2ed Veterans Day Proclamation to
Mr. T. C. Doherty, Director, Veterans Hospital.
Presentation of Commendation to Mr. Frank Dannenberg, ara, for his
years of service on the City of Miami Planning Hoard.
AGR l; J
KETTLE AND MARIA FLOYD (RELEASE OP COVENANT- Y,W. CIA, Bu 1)
Thereupon, the following resolution was introduced
Reboso who moved its adoption:
RESOLUTION No. 77-112
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE THE ATTACHED AGREE-
MENT BETWEEN THE CITY OF MIAMI AND JOHN
KETTLE AND MARIA FLOYD
by Commissioner
(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 J. L. Plummer, J
Commissioner ianolo Reboso
Commissioner Rose Gordon
Vice -Mayor Theodore R. Gibson
Mayor Maurice A. Ferro
ON ROLL CALL:
Mr. Ongie: Mr
Mr. Plummer:
where in here
it state that
people occupy
Mr, Crumpton:
NOES. None.
. Plummer?
I'm not voting untilI read it. Mr, Crompton,
maybe I read it too fast, where in here does
this is an agreement only as long as these
the building?
In the covenant.
Br. Plummer; I don't have a copy of the covenant,
(INAUDIBLE)
Mr. Plummer; I don't have it, sir,
Mrs, Gordon I assume the amendments that had been discussed
this morning have been incorporated into the document.
Mayor ette: Are you ready to vote, Mr. Alt er?
Mr. Plum ter
Mr' cruMptdn
Mr. Plummer:
Want only it
( NAUb ttt)
Mrs. Gordon
Mr. Grt t pton :
NO, sir.
Page 2 of thew
therein here ig it so stated that this cove-
at, 16rg as these people who are gigrting it?
Are the people here on this matter?
Yes, they're right out there.
Mrs, Gordon: Okay, have a point that might be of great
importance and that is this. When this building was built,
t believe that there was a variance at that time from the
1972 building code. Ain I wrong? There was a variance or
there was a covenant running with the land that permitted
a variation from what normally would have been permitted.
By inserting in here under number 4 and also in another
place in this, under number I again, are you hampering them
from completing the upper floors in the same fashion as the
lower floors? By putting that in here you're not hampering
them. Okay, I just wanted to make sure.
(INAUDIBLE)
Mr. Plummer: I vote "yes".
Mr. Ongie Mr. Reboso?
Mr. Reboso: Yes.
Mr. Ongie: Reverend Gibson?
Rev. Gibson: Yes.
Mr. Ongie: Mrs. Gordon?
Mrs. Gordon: I'm just looking to make sure that if it's
sold to another party that...
rir. Plummer: It's there, that's what I was checking.
Mrs. Gordon: What one was that?
Mr. Plummer: Page 2 of the covenant, item 1..
Mrs. Gordon: It is in there,
Mr. Ongie: Mayor Ferre?
Mayor Ferre: I vote "yes".
Mr. Plummer I'm also assumming, Charlie, that the point that, the Mayor
made is also incorporated in there.
Mayor Ferre: Yes, it's in there, I read it,
Mr. Crompton: It is
Mr. Plummer; Okay,
Mayor Terre: Thank you again. Good lueh. Alright, there's another
resolution.
10 1977
imiiimommommommr
Thereup r t the fc .iot ing reSoltit .oi" Wag ii troduoed by dOMMiddibtidt
Rebot6 who moved its adoption
RESOLUTION NO, 77 11
A RESOLUTION AUTHORt2tNG AND DIRECTING THE
CITY MANAGER AND THE CITY CLERK TO EXECUTE
THE RELEASE Off' COVENANT, ATTACHED HERETO
AS EXHIBIT "A" AND MADE A PART RtAtOE, AND
AUTHORISING THE PROPER OPEICIALS OP Tilt
CITY OF MIAMI TO ACCEPT A COVENANT RUNNING
WITH 'TRE LAND TO BE EXECUTEb BY JOHN ItETTLE
AND MARIA FLOYD , AN UNEXEC UTED COPY Off' WATCH
IS ATTACHED Il RETO AND ?SHADE A PART t EttEOp AS
EXHIBIT ''B" , ALL TO BE ACCOMPLISHED SIMULTANEOUSLY
AT THE TIME THAT THE ABOVE PERSONS BECOME THE
OWNtR5 OF THE PROPE1Tt DESCRIBEb IN SAID DOCUMENTS.
(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 J. L. Plummer,
Commissioner Manolo Reboso
Commissioner Rose Gordon
Vice -Mayor Theodore R. Gibson
Mayor Maurice A. Ferre
Jr.
NOES: None.
PUBLIC HEARING: OBJECTIONS TO ORDERING CONSTRICTION OF SILVER BLUFF SANITARY
SEWER IWROVE ITS S R- 5414 (C & S)
Mayor Ferre: we're now on new business, item 3, in the afternoon public
hearing. Objections to confirmation ordering construction of sanitary
sewer improvements area bounded by S.W. 22nd Street, Coral Way, and
S.W. 32nd Road, U.S. 1, Dixie Highway, and S.W. 27th Avenue. Now those
of you who are in opposition, would you raise your hands, please. Now
how many of you would like to be heard?
Ms. Rebecca Walbaum: I'm the freeholder here. I've been living in
the Silver Bluff section for 31 years. My name is Walbaum, Rebecca
Walbaum, and I live at 2375 S.W. 26th Lane. As far as I'm concerned,
this is not new business, it's old business. I voted for sewers over
25 years ago to be errected in this particular neighborhood. At that
time, the bond issue was passed on and we were supposed to have been
given the sewers. The sewers were not installed in our neighborhood,
they went as far as Coral Way and the other regions. Silver Bluff was
skipped and the sewers continued on the other side of Dixie Highway.
At that time when we voted for the issue, we were promised the sewers
and we were not to pay anything but the installation from our property
to the sewerline and we were supposed to pay double our water bills.
Since then, the sewers were errected all the way up to the boundary
line of Coral Way and they were continued from Dixie Highway into the
Coconut Grove area. The people in that section did not pay for the
projects that you are going to charge us now, I don't see why, when
we went ahead and voted and the bond issue was passed, you're trying to
tell us that this is a new issue when it isn't a new issue, it's an old
issue and I think if you look it up in the minutes of the meeting and
the bond issue that was passed, that we're entitled to the privileges
that we had 20 or 25 years ago when that bond issue wa.s passed and 1
don't see why we have to pay $800 for every foot of ground that the
sewers were put in now and if you can prove it to me that we didn't
vote on that issue and that was a promise that the City made to us, then
I'm willing to pay but we were promised the sewers in our neighborhood
and they never were installed and another thing, you promised us to
install the sewers in a year and a half and now it's almost 25 years
and the sewers atoll t in and haven't been installed yet, itow are you
going to do it in a year and a half? Who are you trying to fool?
And I think that we're entitled to the privileges that we had. 1 VOted
for the issue of hafting sewers put into my neighborhood, ginoe then
they put... Not only that, Cbra.l cables had their sewers put in and
they had the nerve enough to bring the sewers right ih front of my
house, Their sewers gent right through the front of my house. If
that was the case, t could have taken any house and connected to their
sewers - itts right in front of my Muse. YOU allowed them to tun
their sewers right through my property that I pay takes on and I think
that everybody in our neighborhood should have the sewers put in but
we should not pay the $800 for every 50 feet.
(APPLAUSE)
Mr. Willie sarroso: My name is Willie Earroso, 2100'8,W. 25th Terrace.
I'm mainly opposed to this sewer because of the disruption that's going
to be caused in the neighborhood. As you know, it's probably going to
take from a year and a half to two years to get this done. Por instance,
you can take a look at Coral Way. It's been on the road now for a
couple of months and it's been just a complete disruption to the
neighborhood and everybody that lives there. I'd also like to point
out to the Commission that right now times aren't good, that you just
can't keep on adding taxes whenever a project comes up. Our pocketbook
does have an end to it. We're not a bottomless pit where every time
we can come up with more and more and more, We're probably reaching
the end right now. Another thing is that if we had septic tanks for
the last 20, 30, 40 or 50 years, why the sewer, why now that times are
as bad as they are for the average middleclass working people who do
live in the City of Miami. Thank you very much.
(APPLAUSE)
Mr. Chuck Howell: My name is Chuck Howell and I'm objecting to the
sewers being put in. This gentleman mentioned the working people.
Well I am representing the senior people in our community that are on
fixed incomes and 7: don't see how they're going to pay this kind of
money including myself and I'm representing the group and I've got
something here I'd like to read. It's just one page of more than I
could say myself. With your permission, Mr. Mayor. "I'm opposed to
installation of a sewer because it is economically wrong and because
it is ecologically wrong. A sewer is economically wrong because it is
not necessary for the owner of a residence. A single family residence
may and can use a septic tank and thereby dispose of its own waste.
we residents are presently using our own septic tanks and we are
satisfactorily disposing of our own sewerage. We have been required
to provide space on our lots for drain fields for our septic tanks and
we have done so. The high-rise office building and the high-rise
apartment building have not provided adequate space for drain fields
and septic tanks. They are the ones who need the sewerage plant and
they're the ones who should pay for the sewerage plant. This is a tax
that the homeowner is paying for the high-rise office building and the
high-rise apartment and the hotel buildings. The resident owners should
not have to pay this unfair tax and should be permitted to use his own
septic tank. The sewerage system is ecologically wrong for the following
reasons:_ 1- a sewerage system wastes water that is very much needed in
South Florida. Our sewerage system causes us to pump millions of gallons
of fresh water into the sea and then requires us to build so many dams
on our canals to keep the water out. 13ecause,we stop the flow of water,
the green scum forms on the surface of our canals and kills our waterways.
A sewerage plant should remove solids and smells and most microorganisms
but it leaves in much nitrogen and phosphorous which feeds aquatic
organisms and causes eurotophication of the surface water in which is
killing our canals and bay, Sewerage plants lower our fresh ground
water and cause salt water to flow in and destroy our fresh water supply.
The Miami Herald, on Sunday, April 4, 1971, reported that the fresh
water supply was destroyed on Long Island and in New York for the very
same reason, on the other hand, a septic tank is ecologically sound
because our septic tanks put the fresh water back into the ground so
that the salt will not creep in land and destroy our drinking water
supply. our septic tanks are on Thursday, October 22, 1970 and
the Greater n .am . Jour'nal., Comm :ssConers Robert Blake of Coral* Gables
quoted, when he said 'Scientists pointed out that by the time peroulates
through 5 to 10 feet of earth, it has become drinkable with all solids
and potentially harmful badteri.a and virusus filtered out,We therefor@
oppose this unfair and u►neceasary tax and also oppose the sewerage
system. ieferenoes: Miami Herald - Sunday, April 4, 1971, Charles
stoker, pest President of the Huilders Asuociatibn of South Florida and
a member Of the bade County Tuley and Appeal board and a report by the
Plumbing industry Program reported Lh the gable artidle. Thursday,
February 11, 1971, Greater Miami journaler ten lima, Miami engineer,
page 40, Organic Gardening and Parming, tebrua.ry 1972. And I certainly
hope you all will Consider this as it is going to work a hardship in
these bad titres On a lot of people and t don't see how they're going tO
be able to pay it. I thank you.
(APPLAUSE)
Mr. A. I. Hopkinson: My name is A. 1. Hopkinson and I` live at 2159
s.W. 23rd Street► I just have two or three questions I'd like to ask.
One of them is the $800 assessment for the 50 foot lotting, Is that
going to also include repairing the street after it's dug up or is
repairing the street going to be separate?
Mayor Ferrer The question is, is the $800 going to include repairs to
the street or will that be a separate item?
Mr. Parkes: That is a complete project.
Mr Hopkinson: Now the other is that you're talking about a centerline
and sideline sewer. I assume you're talking about whether you go down"-`,
the center of the street or you go down the side of it?
Mr. Parkes: That would vary. For your individual lot, you'd have to
look at the plan that we have drawn and I can't take that up here at
this time. Just general questions.
Mayor Ferre: If you would discuss with this gentleman later on, Mr.
Grimm, I think if we could arrange later on for,.. ...his specific
property and you could advise him at that time.
Mr. Hopkinson: The other thing is that all the lots on our block are
and they're where the power lines go down and the water
lines go down. The letter we got from the City says that where there
is alleys. Does that mean that if there is an easement they will not
go down the easement line?
Mayor Ferre: Did you hear the question?
Mr. Parkes: If there is a dedicated alley or a means in which we can
go down free and clear from any obstructions, we will use that alley.
Does that answer your question?
Mr. Hopkinson: Well to a certain extent it does.
(INAUDIBLE)
Mayor Ferre; Well once in awhile there are matters that come up before
each Commissioner and they have to take care of those matters. I under-
stand your point, it's a. valid point. Alright, sir.
(HERE FOLLOWS A STATEMENT MADE BY A SPANISH SPEAKER. PLEASE NOTE THAT
IN EACH INSTANCE A TRANSLATION BY THE MAYOR FOLLOWS).
(SPANISH STATEMENT)
mayor Ferre: The gentleman asks your permission, since he can't speak
English, to express his statement in Spanish. I'm sure nobody objects
to that. If there are any questions I would be happy to translate,
(SPANISH STATEMENT)
mayor Jerre: The question is, the gentleman is an American citizen and
he says he remembers voting for some bond, $1.60,000, 000 of County Eo►d
Issues and he's .asking whether or not this voney has been spent and the
answer ie that this is the City of Miami and not made County.
(8PANIsti CoNt8R8ATt N 88T4t8N MAYOR . Nb ;PEA.: Et.)
Mayor Ferret' Alright, let one say this to that you know what's going bh
here. He wants to know why that $160,000 doesn't cover the City and
the answer to that is that that money was specifically for an expansion
of the sewerage plant out at Virginia fey and it has nothing to do
with the sewerage lines of the City of Miami, In other words, that
County Bond issue did not cover the City of Miami line.
(SPAN 8H 8TAT8A' NT)
Mayor ferret The question is that since the gentleman noticed that a
few hundred from his property they're already making markings that he
wants to know if this is just a technicality that we're going through.
Is this public hearing for real or is it a shalt? Are we just going
through the process of listening to people and we've already made up
our minds we're going to do it anyway.
(APPLAUSE)
rlayor Ferret And he wants to know whether this is similar to the Public
Service Commission meetings when citizens gather and they called the
Phone Company a lot of bad names and Florida Power & Light and then
the Public Service Commission goes ahead and does what they want anyway?
(APPLAUSE)
Mayor Ferrer The answer to that
under the law, we cannot proceed
discussion by the citizens which
the first phase of that which is
to express their opinion. There
is that this is a public hearing that,
on this without a public hearing, full
we are about to have. Now we are in
to permit the people of the community
are some people who are here as objectors.
(SPANISH STATEMENT)
Mayor Ferre: The gentleman is complaining, and I think with some
justification, that he thinks that the Metro Tax Assessor plays a sham
on the community because even though there is deduction from the Home-
stead Exemption which is $10,000 for Senior Citizens, nevertheless the
tax assessor then turns around and increases the evaluation of the
property in such a way that it is only taking into account the increased
evaluation based on speculation rather than as a residential house and
therefore as the tax assessment goes up, the taxes go up much more than
the $10,000 deduction and when he has to pay $220 a month for the land
and $16 for the electricity and $15 for the telephone and $6 for the
water, it gets to a point where it's very difficult on a fixed income
to have any money left to eat and this is the difficult circumstance
of people that are over 65 years old which are the majority of those
that are here and who live under these very difficult circumstances.
I completely agree. It's no consolation but one of the legislative
things that we're trying to pass in the legislature is the people that
live in residences that their tax assessment made by Metro, not be
increased beyond a residential property. In other words, a lot of times
the tax assessment is increased because people speculate and they think
some day it will be zoned for apartments and that's why it goes up.
(SPANISH STATEMENT)
Mayor Ferre: Okay, the gentleman says that with all the taxes that the
citizens pay, they ought to be able to get these things taken care of
because he feels that citizens do not get enough for their tax dollars,
(APPLAUSE)
Mayor Ferret' The answer to that, ladies and gentlemen, is that right
now for every dollar that the City of Miami spends, the Ad Valorem tax
payers, the property owners, only pay 25 and the rest of it is paid
through other grants, federal sources and state which of course are
taxpayers money, there's no question about it, but they are not real
estate or property taxes, Now if the City of Miami could only pay or
only use the money it receives from real estate taxes, from property
taxes, that would be just about enough to pay for the Police Department,
That's all we could pay for. We wouldn't have any money for the Fire
Department or any other department in the City of Miami,
(gPANI8t1 g' ATEMMT)
(APPLAU )
Mayor Petrel The geritieian said that even though he is a Cuban and he
is very happy and proud to be a Cuban American, he strenuously ofij ects
to the City spending $1, 00, 000 its the beautification of g.W. gth Street
when there are peesple that need that money for other things that are
much more important than the beautification of 8th Street
(APPLAuSH)
Mayor Verret He further states that that is, in hiS opinion, an
immoral act for the City of Miami to act in that way. The answer to
you, sir, is that it is not the City of Miami spending those monies,
it is Metropolitan bade County but unfortunately, the City of Miami
has expended, and T feel fortunately in some areas, in the Little
Havana section. I want to point out to all of you that those monies,
for the most part, are federal funds that are sent to us for those
specific purposes. They cannot be used for water and sewers, they
cannot be used for other purposes, they have to be used for public works
purposes of that kind. There is also a procedure in which the County
and the City of Miami determines where these monies are spent and they
are spent by neighborhood committees that come up here with recommenda-
tions and I can say that, for the most part, we have always followed the
neighborhood committees' recommendations. Alright, who is the next
speaker?
Mr. Moser: My name is Mr. Moser and I live at 2464 S.W. 24th Terrace.
After hearing Mrs. walbaugh and hearing Mr. Chuck Howell and what they
had to say regarding this proposal of sewerage, I thought that they
were talking correctly and I believed that they had their facts correct.
At least I got something which S didn't have before. When His Honor,
the Mayor, took a vote as to who is for and who is against, two raised
their hands against, T think, and 8 raised for. If I wasthe one which
raised for without having too much knowledge, I thought that this was a
wonderful thing and a sanitary thing to do but after listening to Chuck,
especially Chuck Howell, from a sanitary point of view, I believe it's
a detriment the same way he does and I don't know about the people who
are sitting in the audience, they should seriously think about it very
carefully and try to get, but at least now they have another point of
view. Now if the Mayor wants to take another vote, I'm sure, at least
I know I am going to vote against it whereas before I voted for it and
it might be that he would. have 8 against and 2 for.
Mayor Ferre: Alright, the next speaker.
Ms. Gladys Krebs: Well this isprobably a selfish thing on my
part but the thing is that i think the City should be more interested
in taking care of the water that flows over, for instance...
Mayor Ferre You're talking about sewerage water, excess water in the
street?
Ms. Gladys Krebs: Excess water in the streets. Now we, for in-
stance, on our property, get approximately 14 to 18 inches. This is in
a normal rainfall and I think this is excessive and the thing is that
nothing has been done about it because the City of Miami has put the
french wells or whatever you call it right into our back yard. We just
had to spend $1,400 to have concrete poured under our house to reassure
it. Now 1 think things of that sort are more important than sanitary
sewers. I think first thing's first.
Mayor Ferre; Let's see if we can get an answer to that.
Mr, Parkes; I'd like to get the location of where she lives.
Mayor Ferre; 'fell the specific quest .on' is why don't you put a drainage
system into this part of,..
Ms. Gladys Krebs: 226E S,w. 23rd Street,
Mayor Ferre; And why don't we concern ourselves first with water drainage
before we get into sanitary sewers,
Mr, Parkes: t4e're doing both simultaneously.
(APPLAU8t)
)`Mayor Perret Let's see if we can get- an answer he W.
Mr. Parkes: we're doing both simultaneously, some drainage and dome
sanitary sewers. Two different funds and we have to schedule our work
so that we can get them both out at the same time.
Mayor Terre. Alright.
(INAUbIBLF)
Mayor Ferre No, I think the City doesn'thave that kind of a record,
I think we have a pretty good record when we put in sanitary and drainage
sewers that we do a pretty good job. I don't know of any Community or
neighborhood that has complained once we've come in and clone it. no
you know of any?
Mr. Parkes: No, I do not.
Mayor Ferre: Alright. Next speaker.
Mr. Cohn Gladstone: My name is John Gladstone, 2121 S.W. 24th Street.
Mr. Mayor, City Commissioners, ladies and gentlemen, I have a resolution
here that I would like to read into the record but before I do I'd like
to read some facts of a fact sheet because I think some of these have
not come to light and those facts which have come to light certainly
need repeating. Dr. John-S. Neil, Director of the Hillsboro County
Health Department, Tampa, Florida said the following: "There are areas
in Florida where the use of septic tanks is absolutely the best means
of waste disposal known." In 1974, the 10 year old plumbing system
at the Robert King Hightower, that was a HUD project, required a major
re -piping job because of hydrogen sulfide destruction of the piping
system. I think most of us remember this.
Mr. Parkes: That is not the only building that has had that condition.
There are other buildings in and around the Miami area that have had
severe pipe damage owing to sewer gases backing up. One of the reasons
for this extreme condition is that Miami sewers have very little pitch
and consequently they have a slow gravity flow. At the time of the
Robert King` Hightower condition, Garrett Sloan said that they had made
plans for a sewer ventilating stack and that stack WAS to be some 80
feet high but the plans were denied because of a variance. This condi-
tion has still not been altered.
Mr. Gladstone: The investigation shows that the Virginia Key treatment
plant is an excellent system. It is probably as good as could be had
for the money and in conformity with good ecological practice and energy
conservations methods but it should be pointed out that almost 50% of
that system is based on the Erobie principle of the septic tank. There
is every reason to transport Miami Beach sewerage, which is presently
dumped into the ocean, to the Virginia Key plant but there is no reason
to remove Silver Bluff from individual septic tanks with a recycling
water to one large community septic tank with the ones through another
recycling system. Many fresh water supply wells in Dade County have
had to be abandoned owing to salt water intrusion and dry up and a
continuing increase in non -recycling fresh water demand will certainly
create a serious problem of water short fall in all. of South Florida
and the foreseeable future. Only by a proliforation of controlled
septic tank use can growth in South Florida be continued, Virus has
a two hour life cycle, septic tank flow has a 24 hour flow cycle,
Therefore, any virus leaving a septic tank has been dead for 22 hours.
it is generally agreed by sanitary and water treatment specialists that
three feet of filter sand will remove 99% of all bacteria. The Silver
Bluff septic tank drain fields filter through 125 feet of limestone
before returning to ground water sources. That water is just about
1-00% pure by the time it goes back to our ground water, The major
reasons for sewer treatment plants vs, septic tanks are. 1- high land
values causing the space required for drain fields to become uneconomical,
2- high ri e, high density population making local septic tan% appli-
cation unfeasible. These reasons do not apply to the Silver Bluff area,
FEB 01977
Now the resolution regarding the proposed silver: Bluff sanitary se 3ers
im roVeiert, 8B5114 C. The objedtiVe of this plan calls for the re-
pladernetlt of eRisting septic tanks With a mOderh sewer systems The
object is tc dollect dcmestid waste dater, traf'lsport it tb Virginia Rey
for processing and finally dump it into an ocean outfall approtimate1y
90 feet down in the gulfstream. That's about 2 miles tut into the
gulfstream, the dolt, property owners Will be aasessed $800 for each
50 feet frontage: Approxitnatoly 1500 homes are inv451Ved. HeaVy
commercial users and Multi strry buildings will pay the same footage
rate. That is, the assesstcient is based on lot size and not on water
usage. In addition to the $800, each property owner must pay appromi-
tnately $1,000 hookup charge to the property line. Water bills will
be doubled to offset the continuing cost of service. Therefore, in
summation of the economics as a total cost to 1500 Si1Ver Bluff homes,
owners for a 10 year period, the cost will be $5,900,000 directly out
of the silver Bluff residents homeowners pockets. 1500 properties
times an $800 assessment equals $1,200,000. 1500 properties titles a
$1,000 hook-up charge is $1,500,000 and 1500 properties times $800 per
r
year for 10 years estimated water bill increase will be another $1,200,000.
Total - $3,900,000. Whereas, there has never been one mention of
disease attributed to a septic tank in the annals of U. S. Government
records or in the Florida State Board of Health since that agency first
began to monitor in 1898 and I may add, we were incorporated in 1896.
There has not been one record of a disease attributed to a septic tank
since that incorporation and whereas, dozens of major lakes and rivers
such as Lake Erie have been killed and/or polluted by sewerage outfall
while there is no body of water in the United States that is known to
be killed or polluted by septic tanks and whereas more than half of a].i
U,S. construction uses septic tanks because septic tanks assure a
controlled, continuing growth of communities that are remote from modern
water sewer systems and whereas with the introduction of the septic
tank in 1894, the U.S.A. has become the first major nation to stop the.
threat of pathogenic pollution from human waste in our pottable water
and simultaneously establish a natural, safe method of recycling our
fresh water supply. And whereas, nowhere in the proposal SR 5414-C,
as noted in the January 31st letter which we all received, have any
authorities established any case against septic tanks and whereas the
new Virginia Key treatment facilities will add an additional 60,000,000
gallons of water per day bringing the burgeoning total to $155,000,000
gallons per day or roughly 42,000,000,000 gallons per year of water
which will not be recycled for reuse but will instead be dumped to a
90 foot waste outfall in the gulfstream and whereas many of our trees
and shrubs and plants that offer an oasis of natural habitat for birds,
bees, butterflies and other desireable species will be destroyed by ...
the proposed plan to cut a swath through the back alleyways to putt
the sewers in and whereas once through non -recycling water systems
present a clear and present threat to our fresh water supply owing to
the constant pressure of salt water intrusion and whereas Miami, generally,
and Silver Bluff in particular is a low density population area which
does not and will not in the foreseeable future require the discontinuance
of septic and whereas Silver Bluff area rests on an oolite aquifer of
125 foot thickness thereby providing the finest Erobie filter for septic
tank discharge. Therefore, be it resolved that we homeowners against
sewers go record against SR 514 -C and we urge the Commissioners
of the City of Miami to vote against this uneconomical, anti -environ-
mental proposition. Thank you.
(APPLAUSE)
Mayor Ferre: Before I ask the administration to respond to these questions
that have risen that have not been answered, are there any other speakers
who want to be heard at this time? Do you want to be heard? Okay, why
don't you come forward. I think we need your name and your address for
the record and you make your statement.
Ms. Geri Osterman: Geri Osterman, 2476 S,W. 22nd Terrace. Mrs,
walbaugh gave an interesting presentation about this thing passed 32
years ago and I'm quite sure she's correct but nobody responded to.,
Mayor Ferre; We are going to respond.
Ms, Osterman; Oh, you are,
May r Perm: Yes, that's try intent.
Ms, Osterman. Oh, well that was my question. Also, 1 just waned to
state that there are a lot of homes in this atea. 'phis is an old area
that are very old and my house happens to be one of theta, t don't know,
these houses have been standing for SO years with septic tanks and we
pay top dollar for these houses with the septic tank and there has
been tremendous amount of repair that's been necessary on older homes,
just basic maintenance, roofing, etc, and I think that this is really
a ridiculotas added burden especially after some of the material that
has been put forth here such as it was proposed 32 years ago, the
funds were collected I don't know and all of that,
(APPLAUSE)
Mr. Angel Rodman: My name is Angel Rodman and 1 live at 2278 S.W. 16th
Avenue. When I came to this meeting I was for the sewerage and now I
am afraid 1 am not only against but 1 feel that we are being taken for
a ride because if the City wants the money to put drainage into a City,
let's have it. We will give you money, ask for it, take it, whatever
you want but why, if what these people are presenting as an argument
and as a fad, why is the City even tolerating the idea of putting a
sewer into this City when all it's going to do is damage the community,
the health, the coastline and everything else. I think it's a silly
thing to even go and talk about it.
Mayor Ferrer Alright, are there any other speakers at this time?
Mrs. Alvarez Guardo: My name is Mrs. Alvarez Guardo, 2360 S.J. 25th
Avenue. I think there is something confusing here. I think the people
are afraid of the sewer because of the money it is going to cost us.
Well I am afraid of the money too but I am afraid of the drain fields
and the septic tanks. They are confused. I understand. I am not in
a position to spend money on the sewer, the $800 and the connection to
the house but I think we need it. Every City needs a sewer. This is
not the small town that it was when it was incorporated in 1896.
Everyone that has lived in a City knows that a good thing to have is
a sewer system. You have to keep the water out
when the septic tank or the drain fields come up as it happened to
others. It was more than $800 that you have to pay. So I am for the
sewer. Okay?
Mayor Ferret Alright. You see? That's what makes this a great country.
We have people on both sides of just about every issue. There are those
who feel strongly against it and those that feel strongly for it and
a lot of people in between. Now Mr. Grassie, there have been an awful
lot of pertinent questions asked. For example, we the citizens voted
for this 32 years ago. Why wasn't it done before this time? We voted
for it to be put in. Why should we pay for it? How much do we have
to pay? Over what period of time? What is the County doing? Why are
they expanding the sewerage plant? Would you explain the secondary
and tertiary aspects of it. Why kind of water is dumped into the ocean?
What is the federal government doing about it? Why do we have to do it?
Are we being forced into it? They are questions that I think these
citizens are entitled to have answers to. Those are all the questions'
that were asked.
Mr. Grimm: Mr. Mayor, I'll try and talk to some of the questions that
were asked and "I want you also to know ahead of time that some of them
don't have exact answers. Let's take, as an example, the one about why
didn't we build the sewers 32 years ago. We have floated numerous bond
issues over the history of the City and we still have at least one more
to go before we complete the sewerage system, It was never possible to
ever get enough money together in one lump to completely sewer the City
so obviously, had we built all the sewers at once, 20, 30 or 40 years
ago, there's no question that they would be cheaper than they are today
but there is equally no question in my mind that if we wait tilll next
year to build the sewers that they're going to be more expensive than
they are today, NOW I've heard some figures and facts quoted about the
value If septic tanks and yes, there is some truth to that but that truth
doesn't exist when you're in a highly urban area, you cannot tale a
single 50 foot residential lot and hold it up as the only guiding
factor in the community. You have to treat sewerage as a whole. you
f ;t 101977
cannot tfeat it as one little 'individual part and i i bfdef fbf this
City to grewi and proper and stay safe, we dust put in sanitary sewers.
I'm sure that some of you read in the paper the other day where septic
tanks are threatening one of our own well fields in the southwest part
of the County. 8eptie tanks are treating, are threatening the potable
water that you drink, t4e3w because you have a potable water system in
your City, you don't have to Lorry about threats to your drinking water
because you know yourself, you're allowed to drill wells for irrigation
systems but you wouldn't be allowed to drill a well to drink the water.
Mayor, Could you refresh my memory again on one of those other questions.
Mayer Perrot I -think one of the questions was, was there an election
32 years ago?
Mr. Grimm: oh, I'm sure there was. 1 wouldn't refute the lady on that.
There was one just a few years ago.
Mayor Ferret Excuse me, I stand corrected, 22 years not 32.
Mr. Grimm: The Cityhas developed a plan for sewering ita entire City,
and emphasis was placed on those areas which were number one adjacent
to either our bays or river, were low in elevation or were in high
density. we're now getting to where most of those areas have been com-
pleted and the remaining portion of the City falls generally into the
single family residential character. .o yes, we'll have a tougher
battle with people in the neighborhood to complete sewers for the rest
of the City simply because of that fact but you also should be aware,
I think the one gentleman quoted 1500 owners in this particular area.
Well out of 1500 owners, the City only received 24 objections and the
fact that thereare only 20 or so of you here, you have to consider
that there must be a lot of your 1500 that think differently than, you
do.
(INAUDIBLE)
Mr. Grimm: Well I remember the lady back here complaining, as an example, -
about why we shouldn't take their drainage.
(INAUDIBLE)
Mr. Grimm: One of the reasons why you have a drainage problem in that
area, whether you consider it a blessing or a detriment, is the fact
that that area has excellent limestone formations in it. Unfortunately,
that same extra quality stone is dense and it doesn't allow perculation:
I want to show you a map.
(INAUDIBLE)
Mr. Grimm: Every one of these red dots that you see on that map...
Come on closer. Every one of those red dots that you see on that map
is a property in that district that's had problems with its septic tank
in the last 5 years, every one of them.
(INAUDIBLE)
Mr. Grimm: Problems which required them to come into the City to get a
permit to rebuild their tank, their drain field or whatever.
(INAUDIBLE)
Mayor Ferre: Ladies and gentlemen, I've been listening and T haven't
said anything now and I'm going to try to make a comment or two to you.
In the first place, the City of Miami is today, Vince, what's the
percentage that we are sewer today?
Mr. Grimm; About 65%, Mr, Mayor,
Mayor Ferre; It's been a long, difficult period. Now I've served on
this Commission for 7 years. I served 4 years as a Commissioner and 3
years as Mayor. This is not the first meeting we've had like this,
we have literally had dozens and dozens and dozens of meetings and the
statements that you've made today are the very statements that a lot
of citizens cone here and make, The fact, however, is that the City of
k
FES i 019li
•
Miami has been putauing for many yearn and it's very very difficult to
have a City 160% aewera. Nog Mt feel, and I't not speaking for Myself,
ism speaking fOr all the Cog ili'saioners and the Administration and sty
predeceaaora s Mayor dhelaa 8e ,erchia, you remember C:helaa 8enerohia,
Mayor Bob High, Mayor Steve Clark; all of the Mayor§ of Miami, all the
commissioners, all of the Adninigtration, all of the staff, all of the
people of thin City without any exception, without one exception, have,
as a primary target, wanted to get this City aewered. Now we've had
engineering studies, we've had scientific atudiea, we've had everything
under the sun and I'm afraid 1 have to diaag'ee with this nice gentle-
man who really wrote a beautiful presentation for which, and I know it
taken you an awful lot of time and f congratulate you for it, Mr.
Gladstone, I think, but our scientific and our engineering evidence is
that this City has to become sewered, that it is a dangerous thing for
this City not to become sewered. Now I'm not an engineer and I'm not
a sewerage expert and I don't know anything about sanitation but we
paid an awful lot of money to an awful lot of people who are and they
say we've got to be sewered. Now what we're asking of you, 1 know
differentit's a than what any other citizen in this
comrnunityrhas rs todooand I know it's difficult and that's why Mr. Plummer,
t don't know where he went, but he was the author some years back,
Vince, why don't you explain that what the payment periods are and how
we stretched that and why and all that.
Mr. Grimm: In order to help people, Commissioner Plummer, as the Mayor
said, asked us to go before the voters and change the Charter and the
idea behind changing the Charter was to reduce the method of assessments
and we did that. It is now reduced by 25% of the cost. Now I, know
that doesn't sound like a lot but if you take, let's say, the $800,
you have the right to divide that payment over 10 years and 5% in simple
interest. So, in essence, you're talking about between 80 and $100
a year that your cost would go up for the next 10 years or you would
have the option of paying it off all at once. Now I want to say something
that's going to be...
(INAUDIBLE)
Mr. Grimm: Let me finish, please, sir.
Mayor Ferre: Let's give him the courtest of speaking unterrupted...
Mr. Grimm: I'm going to say something that's going to be a surprise
to most of you. In spite of the high cost of sewers and the objections
that we do receive, better than 85% of the people come in and pay us
cash as soon as they get their bill.
Mayor Ferre: Alright, are there any further comments that you might
want to make. Mr. Parkes?
Mr. Gladstone: I realize the difficulty of continuing cross -discussion.
I only want to say the following. That the letter was dated January
31st. We have had very little time to prepare our case and to substan-
tiate it. I have docuzrsntation, a considerable amount of documentation,
the facts that went into our fact sheet are not just taken out of the
air, they're very authoritative and reliable facts. If we are given
an adequate chance to develop our position, I think that it could
eliminate a kind of anxiety and discussion that we like to get from the
floor. When the letter wentout on the 31st, we got it some days later,
we've only had about 4 or 5 days to prepare the entire thing. I
understand that there are not too many experts here. I have been in-
volved with this kind of a problem for over 25 years in Miami, 1 am
a former member of the Dade County Board of Mechanical Contractors
Examiners and, I'm not totally unfamiliar with the problem. I'd be
very willing and very happy to volunteer some time at the invitation of
anyone who is interested to make what contribution I can.
Mayor Ferre; Alright, I thin% we might ask Mr, Grimm, perhaps you and
mr. Parkes would spend some time with Mr. Gladstone and go over this.
I really don't %now what else we can do at this juncture. I might say
that I have been here at least 20 times before that we voted for
neighborhood improvements in the water and sewers. I don't remember
that the Commission ever voted any other way.
i
r
Mr. Plummer; Mr. Mayor, let the take, I guess, an ifipopuiar statement.
I've got to tell you that 0 years ago, 9 years ago) 1069, Mr. Mayor, 1
purchased a hone which it had just had suers put in down the street
and t didn't like it. I didn't like the idea that I was forced to pay
for sewers. I thought it was shoving something down my throat but let
Me also tell you that as recent as we have seen of the typhoid epidernid
which broke but in Homestead which was solely because of sewerage
problems...
t INAUbitL
Mr. Plummer: Sir, it Was sewerage problems.
(INAUbtttt)
Mr. Plummer: May I finish/ Mam 1 sat here and didn't say a word while
you spoke,
(INAUbt81,t)
Mr. Plummer: 1 haven't listened, mam?
(INAUDIBLE)
Mr. Plummer: Well let me tell you just so that you'll know. {eep your
well informed, I've heard every word of it with the exception
of when I went to the bathroom and there's no speaker in there and for
that I apologize but once again i tell you that the problems of typhoid"
in the Homestead area were caused by sewerage. No one has disputed tha.
and I'm not saying that there wasn't a difference between a septic tank
and a canal but they were caused by sewerage. The federal government
has mandated the City. Ile can no longer use the type of facilities of
the processing plant that we used to use. They have now made it manda-
tory that we must put sewerage back no less than 90%
and there's the man I'll never forget made the statement here when we
were putting sewers in and they were putting the holding tanks in the
boats when he said, you're making me flush water back out into the bay
cleaner than what z get it out to flush with originally but it's true
and I don't know of any other way that we can do it. There's no question
that sewers are the superior type of situation. I don't see how I can,
in good conscious, vote any other way.
Mayor Ferre: Let's see if there are any other members of the Commission
because we've listened to the public once and "I asked for everybody and,
I'll listen to you again after we get the reaction from the Commission.
Anybody else want to say anything from the Commission.
Ms. Walbaum: I'rn in favor of the sewers. If anybody had been living
here during the hurricane when we have a terrific amount of rain, they
will find out that if we haven't a sewer to drain off the water, many
of the homes will be flooded with water because I live in a neighborhood
that is considered high but just a few blocks away from me, the water is
low and the houses have 5 and 6 inches of water in their homes. The only
way you can do away with that, after all, we haven't got a guarantee that
we'll never have a hurricane. But if we ever do have any and we have the
terrific rains that we have, we'll have so much flooding in the homes
throughout the areas. We've got to have the sewers to drain away the
water. The only thing that I was getting to is that we were promised
there would be no charge to us other than what we had to pay for the
connections from our homes to the sewers and that's what we were pro-
mised. I don't see why we have to pay for the footage,
Mayor Werra:
Mr. Grimm;
as the City
Lave always
Mr. Grimm, you want to answer that?
well, Mr. Mayor, the Charter has been in existence as Long
has been in existence and sanitary sewerage
been instructed under the compliance of the Charter so...
?mayor Ferre; Do you know of any exceptions to that?
Mr, Grimm; Yes, there were some exceptions to that but they d dn, t
exist 32 years ago.,
M. OAlbau t It Wasn't 12 years ago.
Mayor Perrot 22,
Mr. Grimm! Oh, 22 years ago
(INAUDIBLE)
Mr. Grimm: Well 1 tried to answer that question...
M. Walbaum: There is no reason...
Mr. Grimm! Please. There is a reason but the fact that the reason
may not be acceptable to you doesn't discount there's a reason. What
1 started out by saying was that the City concentrated on building the
sewers adjacent its bays and rivers in low lying areas and in areas
with high density population. Now Silver Bluff is none of those.
Silver Bluff is a Fiery lovely, single-family, predoininently single
family residential area and the remaining portion of the City that we
have to sewer falls into that category and this commission is going
to be suffering through the next...
Ms. Wa1baum Why did they allow apartment houses and condominiums to
be built down the corner from where...
Mr. Grimm: Mam, I can't answer that question.
(INAUDIBLE)
Mr. Grimm: Well I'll try and answer that question for you. All the
sewerage that is now run through the Virginia Key Treatment Plant,
whether it be from West Miami, Coral Gables or others, have to pass
through the City of Miami in order to get to Virginia Key.
(INAUDIBLE)
Mr. Grimm: Alright. If you'll leave us your address, mam, we'll see
that we come out and check the drainage problem.
(INAUDIBLE)
Mr. Grimm: We'll do what we can to correct the drainage problem if
you'll let us have your address so we can come out and check it for
you.
Mayor Ferre: Is there anybody else that wants to speak at this time?
Alright, what is the will of this Commission at this time?
Rev. Gibson: Mr. 'Mayor, I would hope that our citizens as well as our,
I try to understand, would try and understand what Mr. Grimm has said.
FOLLOWING A BRIEF ADDITIONAL DISCUSSION, THE FOLLOWING RESOLUTION WAS
INTRODUCED BY REV. GIBSON WHO MOVED ITS ADOPTION;
RESOLUTION NO. 77-114
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO.
77-13 AND AUTHORIZING THE CITY CLERK TO ADVERTISE
FOR SEALED BIDS FOR THE CONSTRUCTION OF SILVER BLUFF
SANITARY SEWER IMPROVEMENT SR-5414-C (CENTERLINE
SEWER) IN SILVER BLUFF SANITARY SEWER IMPROVEMENT
DISTRICT SR-5414-C (CENTERLINE SEWER).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk).
i
Upon being seconded by Camrtisdthner Plummer, the rea ution
passed and adopted by the following Vote m
AYES: Commissioner J. L, Plummer, Jr.
Commissioner Manolo Reboso
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore Gibst
Mayor Maurice A. Terre
NOES! None
Thereupon, the following reso .ution was introduced by Vice -Mayor
Gibson who roved its adoptions
RESOLUTION NO 77=115
A RESOLUTION CONFIRMING ORDERING RESOLUTION
No. 77-12 AND AUTHORIZING THE CITY CLERE TO
ADVERTISE POR SEALED BIDS FOR THE CONSTRUCTION
0? SILVER ?3L'-UE'E SANITTA Y SEWER IMPROVEMENT
SR=5414•-S (SIDELINE SEWER) IN SILVER I LU 'P
SANITARY SEWER IMPROVEMENT DISTRICT SR-5414-S
(SIDELINE SEWER)
(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 J. L. Plummer, Jr.
Commissioner Manolo Reboso
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Terre
NOES: None.
•
U tiRI F DISCUSSION TIER! Crre L 4u st N LiCY ON WAIVER Ut
Coach Booth: baseball Coach from Miami Jadkbbh genies fligh SchoolAnd t received a
letter from; Mt Jennings it regards to, With the Wa:iiief. of Pee tot the tiSe at Miattli
StadiuM for highschool baseball games, namely, two of their this taming year and ih it
Mr, Jennings quoted the resolutioi, Vhat supposedly at that titre or December 1#th
Was passed by the Co1flissioh'regards € e new policy;,regarding waiver of fee for the
use of Miami Stadium. After that i called Mr, HoTah, who is ih the city Manager's
Office, l believe , and Mt, RoMan ttehtiohtd to Me that there is going to be a new
resolution that is coding ih frost of the Commission regarding the waiver of fees
for certain individuals who Were hot coveted by the original resolution and t believe
that Miami Jackson Senior Nigh School is one of those that does cot ie tinder the tiew
policy.
Mayor Ferret Aright, can you answer that question?
Mr. Homan: it is my understanding that the resolution you have before you is more or
less a clarification cleaning up, if you will. of the motion you passed on becelnber
16th. It spells out in that resolution, that proposed resolution,
Mayor Ferret Look, just answer his question.
Mr; Homan: a policy, what the situation will be, should it be passed We got
directions from the City Commission that allindividualswho are more or less on field
as Commissioner Gibson said, would be notified that this proposed change in policy was
coming up and that's ...
Mayor Ferre: Alright, does that satisfy you?
Coach Booth: No, not fully, because I still feel that we come under the situation
regarding the waiver of the fee. Because one of the things that was stated in the
resolution was that if the people who ask for waiver are those who are serviced by
the City of Miami. Now, I realize that Miami Jackson High School is a County entity
and not a city entity, however, the students that represents Miami Jackson Senior
High School and that represent the baseball team are definitely City of Miami citizens
and their fathers and mothers do pay taxes and therefore they are entitled to the
services of the City of Miami.
Mayor Ferre: Mr. Manager, can we have an answer for that?
Mr. Grassie: Well, if I understand the question which would be ,would he be , would
! the school be eligible for a waiver of fees, the answer is no
Mayor Ferre: And, the reason is....
Mr. Grassie: The reason is that as a governmental activity financed by taxes for one
governmental activity to basically subsidize amounts to a transfer of taxes from one
agency to another.
Coach Booth: Well, that's a point of order Mr,, Grassie, You said that the taxes from
the county subsidize my particular program. That is incorrect sir. We are not funded
by the Dade County School Board insofar as the athletic programs in Dade County are
concerned.
Mr, Grassie No sir, what I said was that the taxes paid by Miami residents would be
subsidizing the school system if the city waived a school board fee
Coacn Booth; _ I again say to you sir, that they do not subsidize the athletic programs
because we sustain ourselves within the athletic department from Dade County
Mayor Ferre: Coach, can I tell you, here's the problem. I'm trying to get through
6,9,10, and 16 quickly so we can get on to the public hearing
Coach Booth: I realize that Mr, Mayor, but '1 have been here since 2:;00 _anA think
♦ t I
Mayor Ferre; We've been here B:00, ok. well get to your point Quickly.
Coach Booth; well, my point is that I would like to have the $200,00 fee waived for
the use of Miami Stadium waived,
1
1
MiE
Mayor Verret HOS talking about dacksoh High
other... for Miat i High, for ekatnpie`
Mt. Brassie: No. Ahy organitatioi, Which is
be eligible foie a Waiver of fees.
Sehoolt w do we waive it fof the
basically supported by taxes would not
Mayor 'ette: Alright, does the eomtY►iaeion want to change its
this point?
pot;itioti on
that at
Mr. Plumhert tet me ask a gueStio0 bo you sell adthission
Coach Booth: Yes we do, but we charge $1:00.
Mayor Perre: bk, I'tn going to ask one last time and then we're going to Move along
is there any intention of any member of the Cotntnission to change the position on
item #6 as outlined by the Coach? Hearing none Coach. I apology to you but 1 guess
the Commission stands. Do you want to make a motion to that effect or iust leave it
for later on.
Mr. Plummer: Well, I would like to leave it and let's look at the whole thing which
I have done and maybe, if it is possible and 1 don't want hit to go away from here
with a false allusion, but let's see what the total impact is
Coach Booth: I just want to make one last statement, I think that vossibly Statement
# 2 pertains to our particular situation more than any other and I don't want to take
up your time. I wish you would ... carefully, and
Mayor Ferre: We will come back to item 42 when we get to item 6, ok
11. . AUTHORIZE U I TY MANAGER TO EXECUTE AGREEMENT MARINE STAD I UM WATER
SPURTS RENTAL
The following resolution was introduced by Commissioner Plummer who moved
its adoption:
RESOLUTION NO. 77-116
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH THE MARINE STADIUM WATER SPORTS
RENTAL, INC. FOR THE LEASE OF CERTAIN PROPERTY WITHIN
THE AREA OF MARINE STADIUM.
(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 Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre NOES. None.
121 AUTHOR t tt CITY MANAGER TO ADVERTISE AND RECEIVE PROPOSALS
ECONIAIC PLANNING STUDY MINI RIVER FRONT - Luktius PARK AREA
UNtbE&T1?1tti oWNtil of PROPtRTY: t bwn softie property across from to us Park, caned
the Oaks Hotel acid 1 would just be interested ih some df the details if you could
expound a little bit on what etOxotttio planhing or development is this study going tits
entail.
Mayot Irene Mrs Manager ?
Mt. Grassie: Mr. FoeslYtan will respond to this Mr. Mayor,
Mr. Foesman: We'll be looking for development opportunities along the river and it's
fully our intention to that planning process to keep in touch with and use the reseatch
to the property owhets along the river dveloping those opportunities,
UNIbENTIl'IEb OWNER OF PROPERTY: Does that include like .. 421 N.W. 3rd Street that I
own. Is that near the Scottie's Rite Temple there? Are you planning in anyway to
rehabilitate that area?
Mr. Foesman: At this point we're not sure, that's the purpose of the request for
proposals is to undertake a study of what the potential is,look at alternatives, work
with the property owners in developing a feasible development plan.
UNIDENTIFIED OWNER OF PROPERTY: We have break-in's a week at the Oaks Hotel stealing
the poor people t.v.'s and whatever isn't nailed down in that area. I wonder whether
you people are aware of the high crime problem across from the park there and that any
development of that area would require at least foot patrolmen in that park. That park
is a breading ground for anybody who wants to just hide there until night fall. We've
also had in the last three months,I've had two muggings of my tenants. I have 25-units
there and they're all leaving my building. I will have a deserted building as soon as
the season is over, because of the fear that been generating in that area by the high
crime rate. I wonder if this has anything to do with what you're planning in that area,
in your study that you're planning now?
Mr. Foesman: Well, I guess I'm not sure what your question is but I can guarantee that
through the course of that study we'll be looking at all the social and economic...
Mayor Ferre: No, I think this is in the benefit of all the property owners and the
city and the neighborhood as a whole.
4110, UNIDENTIFIED OWNER OF PROPERTY: Well, while I'm up here and I have somebody's ear
and I've been suffering with this property now, I've owned the property since 1968
and the crime in that area has deteriorated to the portion that absdlutely nobody will
live there... If there is anyone here who can do anything immediately to get some
foot patrolmen in that area. I've had two break-ins this week.
Mayor Ferre: Mr. Grassie, who can meet with this gentleman and discuss this matter
with him, do you have anybody that could do it now?
mr. Grassie: Well, the most logical thing would be to have a representative of the
police department. I'll try and set that up for him.
Mayor Ferre; Alright, would you see that that's done please? Thank you very much.
Alright, call the roll please.
ON/ROLL CALL;
Mx. Plummer; Mr, Mayor, I'd like to ask a question at this time, Mr, Grassie,
noticed with particular interest in particular this item which appeared in the Miami
Herald or let me put it in another text, so it doesn't look like it's a vindictive
thing. I asked a question, why this was done in the form of a display ad, which is
about ten times more expensive than the normal., which is the classified?
Mr, Grassie; Are you talking about the C,D, public hearing,,,
Mr, Plununer; No sir, 1 believe there Was a display ad in the local media soliciting
proposals for this,
Mr, Grassie; No, not for this, it was for the heavy eRuipment.
Kr' Plu ter ;
oh, well then, the same question would apply, why are we using display 4444
Fia 101971,
4
:dr ;� :,,el
which ate about ten tiles More expensive than the
Mayor Petrel i.L, We got about 30 people waiting here...
The folloWing resolution Was introduced by Commissioner Reboso, who to 'ed its
adoption
RESOLUTION No, 17417
A RESOLUTION AUTHORizING AND bIREcTING THE CITY MANAGER
TO ADVERTISE tok AND RECEIVE PROPOSALS FROM ECONOMIC/
PLANNING FIRMS F'OR PROFESSIONAL SERVICES FOR A RIVERPRONT
bEVELOPMENT STUDY FOR THE AREA GENERALLY BOUNDEb EY THt
NW 7 AVENUE BRIDGE: I-95 FEEDER AND MIAMI AVENUE BRIDGE:
SW 6 STREET AND SOUTH RIVER DRIVE: TO SUBSEQUENTLY APPOINT
A COMPETITIVE SELECTION COMMITTEE FOR THE PURPOSES OF
REVIEW, EVALUATION AND RANXING OF INTERESTED FIRMS IN TERMS
OF THEIR QUALIFICATIONS TO PERFORM NEEDED SERVICES AND TO
NEGOTIATE A CONTRACT WITH THE HIGHEST QUALIFIED FIRM IN AN
AMOUNT NOT TO EXCEED $45,000.
(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 Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
FIRST READING ORDINANCE: AMEND RULE 8, SECTION 5, CIVIL SERVICE RULES
AND REGULATIONS,
Ms. Pat Skubish: I just want to say that Alice Spano and I as, you know went to
Washington in November and you Mr. Mayor and members of the Commission were con-
cerned with Civil Service as the steps we're taking toward progressing with the
Civil Service Rules, this is one of them and I hope that...
Mayor Ferre: You recommend it, the Civil Service Board recommends it, was it unanim-
ous?
Ms. Pat Skubish: Yes sir. Yes sir. Yes sir.
Mayor Ferre: Alright is there a motion? Moved by Reboso. Is there a second?
Mr. Plummer: Seconded.
Mayor Ferre: Seconded by Plummer. Further discussion. Call the roll on (8).
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING RULE VIII, SECTION 5, OF THE CIVIL SERVICE
RULES AND REGULATIONS OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE
DECEMBER 15, 1961, AS AMENDED, AS CONTAINED IN ORDINANCE NO. 6945,
AS AMENDED, BY REPEALING SAID SECTION 5 IN ITS ENTIRETY, REPEALING
ALL OTHER ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH.
Was introduced by Commissioner Reboso, and seconded by Commissioner Plummer,
and passed on its first reading by title by the following vote'
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
ConuniSsioner J, L, Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None,
The City Attorney read the ordinance into the public record and announced
that copies were av4ilable to the :members of the City Commission and to the public.
141 AUTHORIZE CITY MANAGER TO ENTER
INTO AN AGREEMENT WI T
MOM FREEDMAN) CONSULTING SERVICES
INTERNATIONAL FOLK FESTIVAL
Mrs, Gordon: I hate a question relating to #13 for Mr. Xhox, with regard to the
fee for Mrs Freedfian, let the record reflect that Mr, Freedman has been PR flan for
the and if you think I should not vote, I would not Vote on that item what is your
legal opinion?
Mr. Itnoxt Unless you feel that your voting would irpare your objective judgttent and
you have some e5tpectation of rettuneration of some other ...
Mrs. Gordon: No. Ok.
The following resolution Was introduced by COn issioner Gibson, who shoved
its adoption:
RESOLUTION NO. 77-118
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH MORTY FREEDMAN FOR CONSULTING SERVICES
TO THE CITY OF MIAMI FOR THE 1977 CITY OF MIAMI INTER-
NATIONAL FOLK FESTIVAL; ESTABLISHING A FEE OF $7,000
FOR SAID SERVICES AND ALLOCATING THE SAID AMOUNT FROM THE
SPECIAL MILLAGE FUND OF THE 1977 PUBLICITY AND TOURISM
DEPARTMENT BUDGET.
(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 Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre NOES: None.
ACCEPT PLAT:
ABITARE
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 77-119
A RESOLUTION ACCEPTING THE PLAT ENTITLED ABITARE, A
SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT, AND` AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE PLAT,
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution passed and
adopted by the following vote
AYES; Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev,) Theodore R. Gibson
Mayor Maurice A. Terre NOES; None,
83
FEB149777
ibi PUBLIC HEARING: PROP= MAIDINO AECOMMENOATIoNs 774 9/8
COMMUNIV DEvELOMENT PRE (THt b YEAR) i
Mayor Ferret Mr. Grassie, ate we going to snake a general statement and then get
into the specifics or do we hear the public first, or what?
Mr. Grassie: Well, in order that the public have something mote concrete and more
specific to comment and react to, r think that we should start With a presentation
from Mr. .F'osmoen,
Mr. Fosmoett You get to hear from me for about five minutes. The item before you
is the first of two required public hearings on the city's third year Community
Development application. Under the Community Development Act of 1974, the City of
Miami is entitled this year to apply for 9,6 million dollars of federal money to be
used primarily for the fiscal improvements in the City of Miami: It's not expected
that these funds will be available for use until August of this year I think' that's
an important point, so that we not think that these are going to be paid available
immediately. The timing on the application is such that the federal government re-
quires 75-days for review of the application, various local and state agencies re-
quire 45-days for their review. This Commission has to hold several public hearings
so there's a considerable period of time between the time you approve the application
for submission and dollars start to roll into the community to really begin to implement
the third year (3rd)- year program. For your information and in your agenda package
we did include information on the, first and second year programs and the current status
of those projects. I would like to remind the Commission of the planning process that
was used in preparing this application for the third year. In August of 1976, by the ,�_:'
way, that represented the beginning of the second year Community Development Program.
In August of 1976, the Planning staff and the Community Development Staff began an
analysis of each of the (8) target areas and the needs of those areas in particular
reference to the Comprehensive Plan which was also underway at that same time, From
September through January , September 76 through January of 77, the Planning staff and
the Community Development staff conducted a number of neighborhood meetings with the
chairpersons in the (8) target areas and in conjunction with Dade County Community
Development Planning staff to try and outline a serious of projects in concert with
the residents which would best meet the needs of those target areas. Those projects
were also reflected the policies that this City Commission adopted in October for
distribution of dollars. I might take just a moment and remind you that in October
the Commission set out some general guidelines for distribution of C.D. dollars and
those included a formula allocation to each of the eight(8) target areas, generally
based on the population, the extent of proverty and the extent of overcrowding. In
addition approximately $500,000 was earmarked for Downtown because of the special
importance of Downtown within the community. You also indicated that we should
attempt to set aside approximately 3,000,000 out of the 9.6 for property acquisition
in support of housing construction. You must recognize that housing construction as
such is not an eligible activity under Community Development, but the acquisition of
land sites for housing is an eligible activity. We've worked through those
series of policies that this Commission set forth in October and the projects that were
taken and worked with through the communities reflected those priorities. The last of
the public hearings and public meetings in the neighborhood occurred in January.
This is the first of two public hearings that you must hold. And, I would point out
that the application must be submitted to the Department of Housing & Urban Development
no later than April 1 of 1977 and it should of had approximately 45-days of review by
the state and by the regional clearing houses prior to that submission. The general
tone of the application is that approximately $3,000,000 has been set aside for land
acquisition in the community to support public housing construction. $4,000,833 is
set aside for the target areas for distrubition. And, we have a specific list of
projects within the target areas will take up that $4,800,000. $200,000 is set aside
for economic development. This represents a new initative on the part of the city in
attempting to work with the business community in the neighborhood, as well in the
established industrial districts to expand economic opportunities. $500,000 for city-
wide projects, such as street planning. $560,000 as a continguency fund, that's
something less than 10% of the total allocation and represents in our view a conse v-
ative amount for continguencies, $600,000 for administration, That includes 411
staff time citizen participation.
Mayor Ferre; We've been over this before, last year, we went over the same thing
and let me ask you just for the record, is this different than the standard around
the nation, iS it below the standard?
Mr. Fesmoen; Yea. The recommended funding for the various target areas eppro4i.mates
that Whrch the target areas received last year, The model city target area, the
recommended funding level for model cities is $772,000, For Faison Little River,.
FEB 1, 01977
$668,000 For Allapattah a $524,000. Wynwood = $418,000, Cu1fter $673,000,
Downtown $500,000, Little 'Elavaha , $964,000, Coconut Grove $312,000> and
City-wide projects = $3,500,000. t'ow, that $3,500,000 in citywide proje is
includes $3,000,000 for land acquisition of deteriorated and blighted property
which will lead to the construction of senior citizen honsihq and satire family houtifig.
The throe target areas were land that's being acquired or housincl cctinstt-uctien
or bowri own, Little Havana, and Coconut Grove. Nach or the tat.'gct cheat has used
approximately 10% of their allocation to support social setVices. All of the
previously funded social service programs are continuing in the third year. We have
available and in your packet the specific projects for each of the target areas.
We also have traps which indicate the location of the projects, each of the target
areas. And, We can I hope respond to any questions that you might have or the
community may have
Mrs, Gordon: I have a question that I questioned tie. Crutitpton, 1 believe and Ms.
Spillman when they came to see me regarding this particular allocation for the housing
monies. The land acquisition. 1'li repeat to you so you can heat it, so you can
hear it. My question is why aren't we considering the acquisition of some land for
some decent housing in the Overtown Area?
Mr. Fosmoen: The project for the activities being proposed in OVertown is something
that if one point was called interim assistance.
Mrs. Gordon: Yea, I read that.
Mr. Fosmoen: I think, we recognize there are limited, well 9.6 million dollars sounds
like an awful lot of money. When we begin acquiring land for housing or acquiring land
to assemble a site sufficient for housing, that money will not go very far. The Over-
town problems as I think we all recognize are quite severe. The approach is being taken
in overtown and has been concurred in by the neighborhood is one of a general clean-up
activity. It's an intensive effort to take down properties as they become abandoned
to take down condemned properties, to clean-up vacant lots, those private and public
to clean-up the streets and to try and bring that neighborhood back to some level of
maintenance, which has been lacking. I think we all recognize for a number of years,'
if we concentrate for example the allocation in Allapattah based on that formula that
I discussed earlier, I'm sorry in Culmer., $673,000..00 all of that could very easily
go into one project for housing. Now, the rest of the neighborhood would remain as
it is. All of that could very easily go into land acquisition for one housing project.
Mrs. Gordon: Are you kidding?
Mr. Fosmoen'. I think there is a further consideration. A further consideration
Commissioner is that the Department of Housing & Urban Development has not in the past
been at all supportive of public housing projects which result in impaction, which
result in further concentrating low-income and minority families and to attempt a
4111, housing project in the area in which you're speaking, I don't believe would receive
H.U.D. approval for Section 8 funding. It would result in further impaction of that
neighborhood, low-income and minority families. So, I think we would end up with
a piece of property that would not be built on.
Mrs. Gordon: Excuse for interrupting me, but you are expert in planning, alright,
what do you plan to do with that area, besides sweeping the streets and cleaning up
the empty, lots and pulling down some of the buildings, ok, what then? If you're not
going to put anything up, what are you going to have when you finish?
Mr. Fosmoen. I think before we can look at housing in that area,in the Overtown Area,
it will begin to attract more than low-income and minority families. The remainder
of the area has to be cleaned up. We have to look at the overall condition of the
neighborhood, rather than one small corner of the neighborhood. If we can achieve that
then we can begin to look at some strategy.
Mrs. Gordon: I don't agree with you sir, but you are a expert, and I'm not an expert.
I'm a layman, but I don't understand the clean-up, the sweep -up, the interim categor-
ization that you place on this area that I think should have high priority. Above
every other area in the whole community for re -development and if Community Development
Funds are indeed what they're suppose to be (re -development) then we are not emphasizing
what we should be emphasizing, which is the area that needs it the most. I don't
expect you to agree with me, You've made this decision already with your staff and
anything I say is going to be just water over the dam , but I'm saying it anyway, oh.
rr, rosmoell.: I think that the recommendations that are contained here represent the
staff's best thinking in concert with the neighborhood, and I hope that the Commission
doesn't view their role as rubber Stamping this,
Mrs. Gordon; I do.
That's the reason for the public hearing is to give your view and the community's
view on the application
Mrs, Gordon: I don't know how many people are here from that community, but I sure
would like to know, raise your hands if you're here from that community, because
I've just heard sottething said that this community doesn't want new housing and POW
if the community doesn't cares.
Mayor Ferret Mrs. Gordon, t'tn going to ask Mr. Foesman to continue his statetent and
then I'm going to recognize Jackie Bell and the others from the community, you know,
and everybody will have an opportunity to snake a statement here. So, go right ahead
Mr. Foesman.
Mr. Fosmoen My only additional comments Mr. Mayor are, if you wish, we can outline
the specific programs from each of the target areas, which will take some time. We
have back-up material in the form of maps, if there are any questions that need answer
ing.
Mayor Terre: Well, as I recall you have met with every member of the Commission and
discussed the items and we also have the packet in front of us and we're going to
hear from members of the public. Are you finished now?
Mr. F'osmoen:
Yes.
Mayor Terre: Alright, how many of the varioul7 groups wish to be heard today? Would
you raise your hands please? Model Citic6 we huve one speaker, any other speakers?
Prom Edison Little River- two speakers. From Allapattah - two speakers. From Culmer
two speakers, Downtown - two speaker, Little Havana- one speaker, Coconut Grove,
City-wide projects. Alright, let's start off with Model Cities then. Identify your-r
selves for the record as you speak please.
Mr. George Hepburn: Chairman of Model Cities Target Area. Model Cities Target Area
wish to commend the City of Miami Community Development staff for their cooperative
and supportive effect in helping Model Cities Committee in development of a portion
of the C.D. application. However, we find that there are one or two items in terms
of what the citizens, the residents in Model Cities neighborhood requested. We have
problems with. The number one, and the major item in the packet is that of the
Miami Northwestern School lighting project, in terms of improving that facility where
it might used by the residents in the neighborhood during the evening and at night time.
During the second yearaplanning application that was submitted $78,000 was allocated
for funding of lighting on that facility, however, it would not implemented. During
the third year in terms of lighting as well as resurfacing the baseball court and tennis
court - $230,000 was requested by the neighborhood. Because of ruling from Jacksonville
HUD area office as well as an interpretation on the part of the City of Miami. Community
Development staff felt that their particular project is ineligible C.D. Community
Project. However, we feel that if the total intent of the Community Development Act
is interpreted to its full potential you will find that, that particular project is
eligible. And, I'd like to read for you the primary objective of the act was the
development of a viable urban community by providing decent housing and a suitable
living environment. An expanding economic opportunity principally for persons of
low and moderate income. Each and every block grant activity must either be used
to give maximum feasible priority to aging the poor or to eliminating blight or -else it
must be specifically justified as meeting indeed,a particular urgency. It is in this
particular phrase that we feel the Miami Northwest Project would become eligible for
Community Development Funding. We feel that this particular project will meet this
particular requirement and need a particular urgency, because of thefollowing reasons;
(1) Lack of available open-sl. ce in the immediate vicinity of the neighborhood. (2)
Ho major park in close proximity of the neighborhood, (3) Overcrowding of the night
main complex and the Liberty Square Housing Project. (4) The lig;btinr and utilization
or t.„e tennis and basketball court, football, and baseball fields at night will serve
as a deterrent to crime and we all are fully aware of the kind of crime rate that We
have in that particular area. Theft that Northwestern Senior High School is community
school and I believe that the community portion of it is funded by the City of Miami
and this makes it a unique school, in that regard, What we would like to do, or what
we would request is that this Commission support us in doing several things, one,
request. that HUD approve this project as meeting a need of particular urgency, And,
I believe you have capable mellers on your staff who can document them, Two, that
you direct staff to begin neg tiating with the Dade County Board of Public Instruction
to Work out an agreement to .eliminate the exclusive use of the site during school hours
and Permit access at all tines to the play field by the public, Three, that you forward
the HUD rules docket clerk a request for change in regulations that would allow block
grant funds to he used for a facility providing health, .social, recreational, or other
community services, If it serves either section within a local unit of government es
identified as a neighborhood,conununity or district or an entire local government unit
of less than 10,000 persons this must be submitted by February 1-8t6 Basically, that
FES 019?7.
is what We're asking the change in. In addition to that, we Would hope that thiS
Cothfnissiorl would direct Your staff, the City Matagetis Office to speed in the
economic development division, this is an area in which We feel in Model Cities
Neighborhood is much needed to help us. The other area and areas of housing t do
not know all of the in and out of your agreement with the Mt of bade County ih
terms of deVelopthefit housing, but as 1 view it, it seeds to be that even the Net.,
town area and any other area ih which FM is providing housing is that of lowaihcoTe
housing, rental housing, section 8,I assure you that there are other altethatiVe
that you could uti1ite your housing bond funds and also ih terms of acquisition of
land in order to provide housing for a variety of people Within our coftfiiunity. If
there ate any questions here we'll entertain them and try to answer theM to the best
of our ability. But we do ask you to support us in this effect to get the ruling
changed and to direct your staff to do the kinds of things that we have requested.
Mayor Ferret Alright, Mr. Foesman, you want to respond before the ComMissioh?
Mr. Fosmoent I can respond in part of the issue of lighting at Northwestern. HUD
is - the federal HUD is very clear in that the city must have control over property
where its spending community development dollars. The C.D. staff, Dena Spillman
has been negotiating with the School Board, they've been reluctant to giVe free access
to that property during school time. We'll certainly continua to do that. If you
wish we'll pursue other avenues with HUD. We have received a memorandum from HUD
dated February 4th,which says, unless we get control of the use of that property
well, we're not going to be able to spend C.D. dollars on land. They've been rather
clear on that. We might be able to pursue the issue of urgent need but 1 don't think
that's going to change the guidelines. I think that while the pressure has to be
applied is that the Board of Education to be able to use that property for community
use. We're putting C.D. dollars on the School Board property with this project and
we're meeting some resistance with the Board of Education.
Mayor Ferre: Mr. Hepburn, you think you could help us with that?
Mr. Hepburn: I will be more than happy Mr. Mayor to help in this particular area, but
I do think that in terms of the questions that was submitted to the Jacksonville Office,
you know you can ask certain kinds of questions, you get certain kinds of answers I
think they ask direct questions a nd I think staff was not trying to uphold, to main-
tain that position. I think the way you phrase your questions sometimes you get a
certain negative answer and'I think this is what happened in this particular case.
I don't think they submitted any information to Jacksonville Office that will show
that this a particular urgency, a particular need of urgency. And I_ think that in
other areas and regions as I read in paragraph here where this in terms of recreation
facilities they.... I think the important thing here is not so much as improvement to
a school site facility as it is if we can just regard the portion about the bleachers
resurfacing of the courts and what not, but in terms of the lighting in that particular
area. In terms of the lighting, itself would be a crime deterrent. In terms of the
fact that there is a high rate of crime in that particular area. In terms of the fact
that the city does and the County does fund with Community Development Funds a crime
prevention project. I think this in itself lend to the support of this position.
Mayor Ferre: Alright, we'll be coming back to that in just a while. Because of a
conflict of interest in time we're going to take the Downtown Area next, and I apologize
that we made you wait so long.
Mr. Martin Fine: No apology, necessary Mr. Mayor and members of h the Commission. Mr.
'Larry Walsh,the Senior Managing Partner of hastc1ns & Se s are ere to represent
uenterw�Commi`ttee, We want to thank your staff for doing what we think is an outstand-
ing job in recommending these projects and working with the neighborhoods. We've
been at many of the meetings.. I' wish there were 90 million dollars instead of 9 million
dollars for you to disburse. We're wholeheartedly in accord what a recommendation.
We think the projected development of the Community College area and the housing in
that area serve as a mega structure complex will be one of the very dramatic extensions
of Downtown and we thank them and you for your consideration of it,
Mayor Ferre: Angus, you want to add anything to that from the viewpoint of the
Downtown Development Authority?
Mr. Angus Smith; (NOT SPEAKING IN THE MICROPHONE).
mayor Ferre; Alright we thank you for both of those statements. Alright thank you
very much. The next is Edison little River, Name and address for the record,
Mr, Peter H, Sobel; My address is downtown- My mailing address 3140 N, Eay Road,
Miami Beaen, Wl;at 1 wanted to say is I've been reviewing the proposal hero pn where
the money is going for the Downtown, 1 noticed that there W44 4 nenUipn in the
newspaper with regard to the F1orida International Vniversity possibly located on 4
block Downtown and that block is a block where I own some property, Now, I noticed
87
FEBt 0 977
here that it doesn't seem to be any indication in this particular funding today for
that particular block. At i correct? That's the block on Trailways Sus Tertinal,
Downtown
Ms, Spillman: You're talking about the block directly north of Miatni4.Dade Ca1?pus
and directly south
Mr Sabel: Yea, you're not talking about the one northwest of the caMpus,
Ms. spillmant No, that was considered but we don't have enough funds for everything
so we couldn't fund it.
Mr, Sabel Yea, now, I may a Word on behalf of acquiring the property on that block,
even though you may hot hate funds, I feel that, that particular block is your
biggest problem right now left in the Downtown Area, it's the block where the J & J
Eat is and there's another bar, Stniley's across the street on North Miami Avenue and
that area has grocery stores that sell wine and the whole block we had the fire just
a few weeks ago at the hotel on 4th Street. I think you're fariliar with that. It
was deserted, Two-story fire, it was a very, very bad fire there, The block is
being inhabited and run now by the wino community, that is their block and any under-
taking that you have bowntown with regard to improving the Downtown Area, I feel that
block is causing a substantial amount of your probleflts. You have the new federal
building going in just immediately south of it. And, I might say that you might
re -consider the possibility of acquiring that block if you plan to have any Downtown
at all that's capable of being used after 5:00 o'clock in the evening, and I think
your planning, the Dade County Junior College to have classes in the evening and I can't
conceive of how you're going to make any real progress Downtown without taking that
block and the only way, you're going to clean the block up is by taking the block.
Because the bars there are going to continue to operate and the grocery store that
sells to the winos are going to continue to operate and the police are making an
arrest every couple of hours on that block because of the going ons there and I think
that block more than any other block today, we had a lot of blocks like that, but now
that's just the part of the Downtown that really needs immediate. If you're going to
put it off three or four years from now to acquiring that block and cleaning that
block up which if you pass it up right now and don't get it in this particular program
for funds, I understand it's going to be another few years before you're finally be
able to acquire it, so I'd like to just say that you might re -consider possibly work-
ing something out where you could acquire the buildings there and pay for them later
if you're short of funds, but I don't know if that's possible.
Mayor Ferre: Alright Mr. Sabel thank you very much and we'll come back to that.
Mr. Plummer: Mr. Sabel which parcel do you own s ir?
Mr. Sabel: I own eight(8) rooms at 22 N.E. 5th Street.
Mr. Plummer: Do you go around there very often?
Mr. Sabel: Yes I do. I spend a great deal of time. I pick my money up there. I
chase away winos. I take care merman shephard and make sure he's well fed so he does'nt
eat some of them up and I make sure my Manager is taken care of.
Mr. Plummer: Would you Mr. Sabel say that the conducting of the premises which you
have there is run in a very first class condition sir?
Mr. Sabel: My property yes. It's for an older building, it's cared for. Yes it is.
I have satisfied every department. HUD- the hotel and restaurant commission, the
building and zoning and everybody else and I'm presently just finishing my nice fresh
coat of paint, every five years I paint the property inside out and it's being worked
on right now. And, we don't have any drinkers on the property. The drinkers that are
around that property inhabit the bars there and we have all sober retired type people
living on the property but we have all the bums on that street that we just can't
seem to rid ourselves of.
Mayor Terre; Thank you sir. Alright, Edison Little River.
Mrs. Annette Eisenberg; 1180 N,E, 86th Street, Because this is a one time that we
can come and tell you our problems,., I'm here primarily because I just heard a
figure that comes back to my mind 600,000 for administrative costs as well as citizens
participation, I don't know what it's costing you for citizens participation because
we are out there for free and we're glad to help, (applause) And, we have been for
many years. But I do want to make a point and commend after much battering,, I want
to commend the staff for at least inviting some people to go to Washington to find out
how this system works, And, it's just absolutely great that these people went, Dot
I thought the intent of these people going was so that they could come back and tell
gas what's happening, They went but none of us were ever informed, Mow this is very
0
bad,
Mayor Perret Now many people Went?
Mrs, Annette titenbergi I have ho idea. I heard about it after it was all oiler.
We're nevet ihforitted in Edison tittle 'River. We catch the information oh the tail
end. in fact the only r'easbh I. know that there is a hearing today l read the
Herald thank goodness, Okay. For citizen's participation but somehow the staff
does hot have enough time or money to send enough information to the various people
who are active, Alright, l wish you would please turn to Edison tittle #lifer
Third Year Funding teconm,endations, and because this is very timely, I'm going to
speak. If you note out allocations this year are entirely for park acquisition and
improvement and thats fine because we believe this is going to make out neighborhood
a healthier place for our children and for our residents, but I want you to part',
icular take. i of the $225,000,00 figure and keep that in your mind for the N.E.
Miami park ana this is the granaway property, the Village South, each and everyone
of you have heard tine here time and time again. You have heard me talking to Mr, Ahdrewa
You have heard me talking to Andy Crouch,you have heard me tacking to our fotmer
City Attorney, we have pensioned these people off and we have rewarded theta But he/
let me tell you what they caused us, The initial people funds for people program. I
know you've had plenty of that, but I am Chairman of District 2 now, The original
program was-$642,000 of which you have only spent $264,000 and and this piece of
property was in the original parks for people program, The only thing that you have
done with that original money was $6,000 in Buena Vista Mini Park and thank heavens
$258,000 in the Annette Eisenberg Community Center., $220,000 of that time was allocat-
ed for this park, that was supposed to be ample. That was the 1972 that wasn't, It
was -ample at that time but your staff sat sitting on their hands and didn't acquire the
property. Mr. Gissen paid $75,000,00 for that property, $220,000 would have been
adequate to acquire the land and develop it, ok. Last year we allocated another
$75,000 to this property still it wasn't acquired. This year you're taking, you're
not taking, we're giving, because we volunteered the importance. We volunteered another
$225,000 for this park. Now, the property that we're acquiring the part of it which
should have been $220,000 is now costing us the $220,000 that you have in the bonds
money plus another $175,000 that you're taking from Community Development money. The
land is today appraised at $122,000, had you acquired that property when you should
have it would have not been that. Now, since that time we have also agreed to enlarge
the park, which is smart, because what's the sense of having a little park and that's
why the discrepancy in figure is there. But we are here to say to you that if we are
giving all this money and as a resident of the City of Miami, one who is supporting
the bond issue's also. If we are going to spend this money on this park, for heaven's
sake we want it started yesterday and we want it finished tomorrow. We don't want the
prices to go up. Had the time that Mr. Gissen purchased this property he knew that
the city was going to acquire it for a park, and keep this in mind he paid $75,000.
He's been improving it with public funds and when you buy this property he's going to
take all that money and put it in his pocket and all the public health money, all the
public funds that went into it is going to go down the drain as far as the public is
concerned. Because Mr. Gissen is going to go home with the money, because your legal
department did nothing about it. - Your City Manager did nothing about and Andy Crouch
sat with it in his desk for years. And, that's exactly why I'm hear today to tell you
that the needs in Edison Little River are great. We could have used the money for
Social Service Programs, we could have used the money for additional street, but once
and for all we want this park finished. So we're willing to go along, but please next
year don't make it possible for me to come back again when the staff is going to come
to us and say we need more money, because this money isn't enough. Do you realize
what I'm saying. I'm saying $220,000 . I'm saying $225,000. I'm saying'$75,000,
this is what this park is going to cost.
Mrs. Gordon; What did the money go for last year and the year before?
Mrs. Annette Eisenberg; Well, the money is still sitting there, I mean, it hasn't
been used, it hasn't been spent yet. Where is the $220,000 the original bond issue
money, where is that, why in our area have we spent only $264,000 and all the parks
that were allocated in that bond issue? And you people know had I not been here
everyday funding for the Annette Eisenberg Community Center there wouldn't been nothing
but the $6,000 spent. Now, we are going along and we are proud to dedicate the
$668,700 to parks. But we want to make sure it's spent, Thank you,
Mrs. .Lorraine Dunn; 130 N.E, B2nd Street, I'm going to first pour a little oil on
the water because everybody likes to smell a flower and 1 do want to commend the staff
for their cooperative effort, I'm saying staff, that does not mean the 40,504.60,000
dollar a Year people because the new ones that are sitting there in those jobs I don't
know yet, I'll talk about commending them after I've worked with them a little while
and find out what they're going to do, 1 am going to with my neat statement knoek you
down, We,, in the Edison Little River Area are asking you Mr, Mapr t.o take whatever
steps you find possible, feasible and practicable to get us an election in our area.
80
We desperately need it. We also want you to direct your staff that is coming out of
your city goVerhftteht controlling the dissemination of the information of the activities
of community deVelopment, revenue sharing and all such matters to go, not only to the
chairman,but to the vice chairman and the secretary of each one of these areas and l'tn
speaking this countyLwide. It's triggered by our own area. We never khow unless We
get a spy stysteth working what's going oh, because our chairman do hot disseMihate the
information
Mrs. Gordon: Who is your chairman'
Mrs. Lorraine Duhht Harmon, he's a fine gentlemen, but he is hot effective
as a chairman, I'm sorry. I have asked for better cooperation Many tithes, but at
this point the only way we found out about this meeting Was in the newspapers. We
have spoken to city staff and asked them at various meetings to please send the
information to the three elected officials of each Target Area, that is the Chairman,
the Vice -Chairman and the Secretary, that way if for any reason the Chairperson is
not able to function or he is out=of=town we are not left in the dark. There is more
than one person that knows whats going on and I think this is vital to the function-
ing of this ...
Mrs. Gordon: Who is yourVice-Chairman?
Mrs. Lorraine Dunn: Annette Eisenberg.
Mrs. Gordon: And, who is your secretary?
Mrs. Lorraine Dunn : Me. That's all.
Mr. Grassier Mr. Mayor, I think Ms. Dunn makes some very good points. So, possibly '
Mr. Fosmoen could comment on that.
UNIDENTIFIED SPEAKER: Mr. Mayor, I have too, I can't sit there and let that lady
get up there and make accusations against the Chairman of Little River who is a hard
working man and who has been through that area backward and forward in my own car and
I'm not getting a cent for it. Now, as for as her being notified. At our last
monthly meetings it's always announced what is going on with the city and everything
else. Now, she expect for me to call her everyday and chat, chat, when my office is
at the Edison Little River Self -Help Community Council and I'm available at any hour
and if there is any information that she wants to know she can call me and not sit
on her do-ra-me and expect me to run to her. Now, if you expect that you got another
thought coming. Don't ask for another chairman. I should ask for another secretary.
Mayor Ferree I know that emotions and I'm sure there is justice on both sides, like
there always is on these items. As you know, . .. Alright, I think that Ms. Dunn
is entitled informed, now I think that there iscertainly from my part and I'm sure
I speak for all of the Commission, no question about the Chairman's integrity and
compassion and dedication to the project and to the projects involved and certainly
I'm sure that was not intended. So, from there I think we can move forward. You
know, Ms. Dunn that these community boards is the process that was established
basically by Metropolitan Dade County. You know they're the ones that have called
for the meetings and for the elections and soon. If there are any questions where
we in the city can become -involved we'll be happy to cooperate, but it has to be
something that comes from the community itself and if you would, you and your, associates
would write me a letter then I will share it with Chairman and through Mr. Foesman we
could call the County and discuss it peacefully, openly andtmocratically , ok. Is
that alright, fine. Is there anything else on the Edison Little River Area, if not,
we'll then go to Allapattah,
Mrs. Keller: I'm representing our Chairperson Orlando Orta. M. wishes me to
tell you that he is in agreement with the projects that we have presented. Also I
have love notes for each one of you to read, I am very, very concerned about community
development. We can never develop as a community with a park such as we have, Curtis
Park. As you know, five years ago the task force for Allapattah Park set out to
determine how it wanted to spend its park for people monies, Since that time the
task force has worked very hard to determine the needs of our parks, We sent out
questionaires, We had endless meetings with City of Miami officials and endless
meetings with residents, We .have submitted all of this information to the City of
Miami. In Curtis Park we had $516,000 and very little of it has been spent. Briefly,
we want this money spent as follows; The renovation of the bath house and the pool
Polar heater, the installation of handicapped and learners poo l want to replace the
lights over the ball courts, we want to renovate and ,enlarge community buildings and
a rectory shelter provision, Yet after all the talking all the meetings none of the
above work has been done. The pool can't function much longer, I don't think its
going to go on through this summer, Now, Mr, Pl UMMer, I know you're interested in
that pool, I just don't think it's gQ#.ng to Fake it, We've got bandages en the
pipes, I went in there the other day and the water was running down the streets
front the showers. HoW can We develop as a cottttitunity if these things ate hot tehded
to? I, personally, and i don't think that our Chairperson Mr, , can stand
another summer of watching the crippled people from dacksoh Hospital and froth the
Cerebral Palsy hospital being i veered into that pool with the ''oUtut people lowering
these heavy weights these crippled people into the pool. The Mill playing M
night is plain dangerous with the lighting that we have now. `therefore We. Must
insist that the work start iti>ftiediattly with out $560,000(you know, our parks for
people money), Thank you.
Mr. Plummer: In all fairness, now, that is a separate issue apart fro 1>lt C,t).
Mrs. Keller: ft is, however,
Mr. Plummer: We don't want to confuse the two.
Mrs. Keller: Yes, of course you're right Mr. Plummet. However, C.D., I have found
in working in C.D. means just what it says. Community Development is community
development. You're not going to have a developed community with a park that is
neglected like this community is. Mr. Reboso, you're familiar with this community.
Each of you is familiar with this community, We are oriented toward the hospital
communities. And, above all to see these crippled people going into this pool in
the manner that they put them in now is inexcuseable , not when we have $516,000.00
allocated through our park. Thank you very much for listening to toe.
Mr. Mariano Cruz: I live at 1227 N.W. 26th Street, Allapattah, City of Miami. The
reason of me being here this afternoon as a citizen and taxpayer, this year I've
been involved for the first time in Community Development with the people in Allapattah.
And, one of the things is that people complain in the neighborhood about the things
going on. They say, well, this would part of like a practice for me in civic activities.
being involved. Many people complains. She talks about the park. They got here that
mini -parks, all kind of parks, whatever, but what -good are all these parks there if they
are not being service by the city. Like, I go on Sunday with my children. There's no
attendant there. The restrooms are locked. You go after 5, people who work, they
usually have time between 5 and 7 to go there with their children ,there is noone there.
I call here and I call the city, Al Howard,.and they refer me to somebody else,"1 think
Mrs. Anderson, whoever was there, but all these projects, everything is good, but the.
city should service all these projects. `Whatever they're going to do there. Being a
park, ... We pay city and county tax. I go on Sunday to Crandon Park, those restrooms
are open there. I go to Bicentennial Park they're open on Sunday, they got people there
working. By the same token, -Miami Stadium, we say City of Miami Park, when they get
those council there, maybe they pay, how come,? Are we different, I mean -the people
who work and live there and pay city taxes, how come we can't have one or two attendants
there on Sunday? If the park is supposed to be opened from 7 to 10 P.M. it is not
from 9 to 5. I mean from 5 to 10 should be somebody there. You spend millions of
dollars in those parks, but they can't spend a few thousand to have two or three
attendants there. Thank you. (applause)
Mayor Ferre: Mr. Grassie, will you make note of that? I understand there is nobody
here from the Wynwood Area, is that correct? So we will go to the Culmer Park Area/
Mr. Elvin Dean; Chairman of the Culmer Park Area, and`I think each of the Commissioners_
have a letter in front of them concerning some of our requests. But, at this time, I
guess following in line which I think is of importance, We would like also to congratul-
ate staff of the city for their cooperative efforts in helping us to pull together this
package for third year funding. I always like to purpose my statement by always saying
that we were the number one area in terms of needs and I think of all the projects we
were the first urban renewal area, so we automatically qualified for this position. We
are satisfied with many of the items that are here. It is a few that we are dissatisfied
with. Which, the Chairman of our Task Force of Economic Development will speak and
also 1 will speak myself. I have one question and I'm trying to deal with the formula
that is set-up for social services and for the capital improvement projects. Keeping
in mind that our number one priority for the city this year was economic development,
which is I think put in the social service category some kind of a way, My question is
this and I would like for someone really to get me to understand this, because I don't
understand it, For instance, if we have a total allocation of `$671,100,00 from the
city total package and it is the concensus of opinion of the Culmer Park Arc: t.hut
economic development is their number one priority that they are concerned with, why
could not get more money and why are we being funded at the same level th41. we woro in
the past year?
Ms, Dena Spillman; I.et me just clarify one thing, Under the I- IUD regulations economic
development does fail under social. services. I don't have to agree with that and I
think a lot of people don't, We're trying to change that now, but fer the moment it
does, Culmer was given the option of using .0% for social services, Their recommendatio'!
to us was to fund the economic deve :opnient program and the cultural arts service, In
order to fund both of those we had to split you your $67,000 and that's how the funding
came out. Also we did not recomMehd any increases for social services ptogratts this
year. I think that's'something that the Comhission would have to approve before we
would waht to do that,
Mr. Elvin bean: Ok, 1 just wanted to get the idea, but I'tn still kind of concerned
about that and 1 think the staff some kind of way should look into this. 1 mean see,
we got to face the fact of one thing that if communities are allowed to participate
they should be able to participate, 1 say two things you have citizens participation
and you have participating citizens, And, I think it should be looked in the aspect
if they come to grips with a number one project. It looks kind of bad to me that you
have $673,000, $100 for total allocation and all you have left for social services,'
which is a number priority is actually $67,000, it looks kind of tough to tile. Ok, at
this point I would like for Moses Florence and he Will entertain the other part of out
factor.
Mr. Moses Florence:. I'm the president of the New Wahhington Heights Community Develop,
ment conference -636 N.W. 2nd Avenue. We are the agency that is currently administering
the community development, economic development funding from the city, the $46,000 budget.
It is not necessary for me to amplify the needs in the area for community development,
The city itself has recognized last year and this year through its funding of close to
a million dollars. The need for economic development city-wide. It is our concern that
the commission consider since we are placed into the area of social services that you
re -consider for our specific purpose. The 10% citeria that you have established for
economic type facilities for economic development. The $46,000 is just barely enough
for us to make an impact. We really can't make a serious impact in the area. We really
cannot do the area of justice with the staffing and facility that we can generate with
$46,000. We could double that figure and triple that figure and still not make a major
dent in the area, but we are kidding ourselves, I think if we indicate that $46,000 is '
all that is needed in an area of that nature and with the neglect that is going on iti
that area for so long and think that this in effect is going to help in anyway. It
really isn't.
Mrs. Gordon: Tell me what you do.
Mr. Moses Florence: We're involved with trying to bring businesses into the area. The
area, for example, housing is being built in areas as you had indicated earlier. There
is public housing being built on the area, but there are no jobs available for the
people in the area. There isn't a supermarket for the people to go to. There is no
stores for the people to go to where they can purchase goods at a price, if you will
that: the poor people needs. There are ju:t no facilities economic wide in the area for
the people that we're putting in there. And we're going to end up with an area that is
completely filled with public housing, which is basically what's happening now, and
absolutely nothing else. In order for us to try and bring a balance to the community.
In order for us to try and get housing other than -public into the area which is a major
concern of ours and of the people in the area to balance the community there has to be/
some effort in the economic sense. There has to be a basis. A economic base that the
community can generate.
Mrs. Gordon: How do you go about doing it , that's what I want to know.
Mr. Moses Florence: Our basic role- right now .... we have targeted N.W. 2nd Avenue
from 5th Street up to llth Street as a target area for economic development. It is
adjacent to the government center that is now under construction. There are a number
of possibilities for businessmen, minority businessmen to tie in if you will to the
government center and bring businesses into the area. Higher residence into the area.
There is a significance employment factor that could be generated in the area. We
could bring stores into the area based on tying it to the government center and it
could also serve the community. These are the types of the things that we are trying
to work with. We council businessmen. We try to arrange loans for businessmen. We
are in the process now, one of the major things we are doing right now is in commercial
rehabilitation. The buildings in the area are just lying dormant and they're just
decaded. We have been successful in contacting several of the owners of properties in
that area and we are convincing them that it is possible to fix that property up because
we are in a process of bringing businessmen in, If you fix up your building we're
find a cleaners for you. We'll find a store owner to come into your building,
Mrs. Gordon; Have you found any t bat are,, you have a ,,,, on it already, you were
able to accomplish some new businesses already?
Mr, Moses Florence, We are working on that now, We've been in operation since June,
only since .June of last year, We are working toward that goal-, We have identified
several businesses that can come into pjarea, We #gave identified a ntajOr' rehabilit»ation effort in the area now with thel4beth fotel.,for example: The fart that
we are able to make it economically feasible for them to expend close to $200,.000 to
i
rehabit that facility: They to ih the ptocess of doing it now, The applicatioh
should be app
roved Within the text few Mbttths, that building will be rehabited and
we are going to bring btiisinesses in to stake it ecottothically feasible to pay back the
loah and in effect increase the beauty of the area , tmpioyttttent in the area and
beautify the area.
Mr. Plummer: Excuse nte, what was the building
Mr. Moses Piorehtet The Mary liitabeth t#btel, it's located on the block of 2nd Avenue'
between 6th and 7th Street. On 2nd avenue, M.W. end Avenue, between 6th a 7th Street)
right up froth the neW post office building.
Mayor Ferret Mr, tlotence and Mr, beat), you're the chairman of the coefltittee. NOW,
your committee put this to a vote, didn they?
Mr, Moses Florence: We did put it to a vote.
Mayor Ferret And, the recottwtendation that's before us is what the cotnfltittee has
recommended is that right With this exception?
Mr. Moses Florence: We had to work within
Part of the guidelines was the 10%. We're
be waived to allow us to put more than 10%
what staff had established as the guidelines.
saying that in our case the 10% possibly should
of our total budget into it,
Mayor Ferret You're getting $67,000 which is the 10% for social =_
Mr. Moses Florence: For social services.
Mayor Ferre: That's not right?
Mr. Moses Florence: For Economic Development we're talking about getting
Mayor Ferre: Okay, and for Economic Development, you're getting how much?
Mr. Moses Florence: Economic Development is considered part of social services.
Mayor Ferre: Alright, now the question is whether we could include more and that's
where we are back to and perhaps I'd like at this point to ask Dena or Mr. Foesman
to answer because we're been through this before. This is the same thing that was
discussed last year and I think we need to answer that again.
Mrs. Gordon: What is the $21,000 going to be used for, can anyone tell me that?
Mayor Ferre: You've got the letter, I just gave you the letter that was addressed to
all of the members of the commission, which is basically what Mr. Florence is addressing
now.
Ms. Dena Spillman: I'm sorry Mayor, I didn't understand the question.
Mayor Ferre: Well, why don't you read the letter. That's basically what he's asking
for.
Mrs. Gordon: While she's looking at the letter Mr. Moses can you tell me what the
$21,000 they have delineated here for social services... what kind of social services
are being given out in that area for $21,000?
Mr. Moses Florence; Social Services includes a cultural arts program in the area.
Ms. Dena Spillman: Mrs. Gordon thath a new program. That program was never funded
before. It would be new.
Mr. Moses Florence; Right, it's a new program.
Mayor Ferre; You're not against that?
Mr. Moses Florence; No, we're not against that, It's needed in the area,
Mr, Elvin Dean; We've already allocated funds for a cultural arts center to be in
connection with expansion of the Dixie Park,,,
Mayo' Ferre; We understand that Mr, Dean, The question is that you want an addition-
s. 7% to be added to the $46,891,00 for Bgonomic Peve.Qpment, l understand thee, Now.,
what: you haven't told us is which one of the programs up at the top with your capital
projects do you want to out to add that
93
£ 01977,
Mr. M. Florence: Thete is ohe project that is a continuation of a itini&park project on
]Oth Street & 2nd Court, which is now allocated at $75,000. The Coitritunity bevelopTeht
Task Force at its meeting.:.
Mayor Ferret Is this the feeling of the cote ittee or is this your personal feeling?
Mr: M. Florence: too sire Mr, bean can substantiate that.
Mayor Ferret M. bean this is the coMThittee's feeling that we take frofli the continual.
ion of the Mini -Park troject oh 10th Street & 2hd Court and use part Of that money for
Economic Development, is that correct?
Mr. Elvin bean: Yes, this is to be done,
Mayor Ferre: Alright, now would you address yourselves specifically to that Mr. Fosmoen,
Mr. F'osmoet,.: I think that there is an issue involved that the Commission needs to
address and that is in October a 10% funding level for social services Was set. This
same argument, this same debate is going on in nearly everyone of the city target areas.
I think the commission recognizes that community development dollars are about the only
dollars that are available to this city for capital projects for neighborhood improvements.
If we begin allocating more than 10% of tho e resources for social programsWe're going
to be cutting very deeply into dollars that are available for public improvement.
Mayor Ferret Can we we, the federal guidelines permissive in that?
Mr. Posmoen The federal guidelines are permissive in that area.
Mayor Ferret We could do that , but you're not recommending it.
Mr. Fosmoen: We are not recommending it and if we begin - vary from that standard that
was set in October, of course, then we should begin looking at other target areas who
have made similar requests.
Mr. Plummer: Dick, I've got a problem, okay, and answer me and maybe I can understand.
I don't understand how you call Economic Development a social program.
Mr, 1'r,smoEn: I don't really call it that, but I'm afraid the fed's do in their guide-
lines.
Mr. Plummer.: So, in other words, what you're saying to me is it's not what we want to
do it's what we got to do.
Mr. Fosmoen: Now, we don't have to limit the 10% I want to make that clear, but we have
to Economic Development a social program. It's very clear in the guidelines. I think,
maybe there's another point needs to be made. The city in the past has not very active).,
pursued economic development dollars through the Department of Commerce. In my opinion
there are a number of unlapped resources in a number of categorical grants in the Department
of Commerce.
Mayor Ferre:
Mr. Fosmoen Perhaps, through the year as we begin gearing up and going after some of
those dollars we can look at categorical grant programs which supports the kind of
activities that's going on in Overtown.'
Mayor Ferret Mr. the problem with that and I agree with your statement. The
problem with that is that I personally have been in the Department of Commerce twice
pursuing this with Mark Israel and it was previous to both of you getting here, but
you know, I'm getting a little bit frustrated as to statements made by City of Miami
staff that there are economic development funds in Washington that we have not pursued
and a year and year and one-half goes by and we haven't tapped any of them. And, then
I get a call from Mark Israel,"well next time you're in Washington we got to go see
so-and-so in the Economic Development Area," And, I've gone there and we talk and you
know, we've cleared up the confusion that they think we''re Metro and they don't know
what the City of Miami is and whats the difference, The last time I was there the
Economic Development Officer told me that in his visit (that Was a,woman) her visit to
Dade County that she had been told that the City of Miami had no requirements and that
there was no need for bricks and mortars and that,.. and I said, wait a moment, that's
Metro that said that to you, not the City of Miami. And, it just comes to show you
and of course, you never read about that type of stuff, but the irony of how we get
guttered all the time and how we lose out because of oar soecaiied friendly partners
over there (Metre), NO, but sooner or later we've got to break away from this and you
know, get down to it, Now,, I happen to stmpathise 100% with your statement and 1 think
that economic development is one of the areas we've reaiiy at to address an that we
94
talking about it, but don't do it. And, it's long overdue. I think as Annette put it,
it should have been done yesterday and we .should have results tomorrow, and it's sofe4
thing that's long oVetdue. I don't know how to break through, hutI'm going to tell
b u the philosophically, I'm in agreement with the statements that have been Made here
and boy I'm ready to Vote for. its
Mr. Plummer: ExcUae me, don't we have an office of Economic DeVeloprnent within the
city?
Mr. Grassier Funded but not staffed Commissioner.
Mr. Plummer: Didn't We have an individual who was in that position?
Mr. Gtassi.e: No sir.
Mr; Plummer: Well, how much funding is there? Maybe there is the key.
Mr. Grassie: $200,000,00. Mr. Foesman just told you about it. It's in this budget.
Mr. Plummer: And, how much of that can be designated to them or can it be designated
to city and then give assistance inkind service?
Mr. Grassie: The purpose of that particular funding is to get off the ground the kind
of program that the Mayor is talking about among other things to see whether We can
capture some of those grant monies that have not been captured in the pasta
Mr. Plummer: Ok.
Mr, Florence: There is one alternative , we realize that all the talking in the world
sometimes can't change the government regulation. Additional monies have been allocated
for a new program in the Culmer Area called the Overtown Interim Assistance Program and
that's government jargon,ciean-up,fixing if you will,back to the old ideas of well,if we
can't bring business in&let's fix up what's there in terms of cleaning up, painting and
cleaning the streets and so forth. We would indicate well, this program, yes, is good.
It's not what we want, but it's satisfactory. We would however like to, if we could
tie our Economic Development operations in with this in terms of administering this
program in the community, is that a possibility?
Ms. Dena Spillman: I've talked to Jackie about this and we haven't developed a program
yet, but I feel strongly that, that organization could be very helpful in the execution
of the Interim Assistance Program.
Mayor Ferre: Dena, look, getting right to the point and I'm just expressing my personal
opinion here, okay. I'm all for. the Interim Assistance Program and the Trash Receptacles
and the Mini -Park and what -have -you, but you know, once that's done and over with it
really gets lost in the shuffle and the long term aspects of this. I think Economic
Development is a single most important necessity in these run down areas. And, I can't
think of an area that needs it more than Culmer. I really think the city has to really
reachout for it in any way that we can. I am philosophically for. it. It may not work.
If it doesn't work we'll have to retrench and rethink it through, but somehow, somewhere
we got to get on with this. And, if we can get Washington's funds that great, if we
Can't get Washington's fund then we got to do it with Community Development Funds. And
I'm perfectly willing to bring it to a head and vote on it anytime and as a matter of
fact I'll makes it in the form of a motion right now that the administration re -consider
the aspects of Economic Development in some of these neighborhoods that need it like
Culmer and come back to the Commission with specific recommendations on alternatives so
that we can vote on it.
Mr. Plummer: Second the motion.
Mrs. Gordon: Discussion: There are certain areas where the economic level of the
community as such that you could use that in my opinion as a guide to the deviation from
the 10%. I don't think every area that you have here to consider would qualify so this
would give you the guideline I think that the Mayor has moved and Mr. Plummer has Second-
ed.
Father Gibson; Okay, Call the question. Any further discussion, Cali the roll.
The following motion was introduced by Mayor Ferre, Who moved its
adoption:
MOTION NO. 77-120
A MOTION DIRECTING THE CITY MANAGER TO RECONSIDER THE ASPECTS OF ECONOMIC
DEVELOPMENT IN SOME OF THE TARGET AREA NEIGHBORHOODS AND TO REPORT HIS
RECOMMENDATIONS TO THE CITY COMMISSION AT A PUTURR MEETP'G,
Upon being seconded by Commissionet PlumMer, the motion was passed and
adopted by t_ho following vote-
AYES: Mayot Maurice A. Ferre
Commissioner Rose Gordon
CotYriYYissioner d. t, Plummt'r, .lr.
CoMMissiohrr. Manolo feboscy
Vice=Mayor Theodorr. R. Gibson
NOES: None.
Mayor Ferret Aright, thank you very much.
M. Jackie Wi.lsdn t Mr, Mayor, may I say one thing? t would thank the CbTh' issi.oners
for being gracious to us and looking at that cof111Y111nity and I would like to also say
look back at the people We have sitting in the audience today, they also thank because
they have benefited by that program being in that community. Thank you.
Ms. Dena Spillman: Mayor, can I ask one question, am I understanding here that we are
to take their increase in Economic Development out of the continuation of the Mini -park
Project?
Mayor Ferre: Well, I think this is up to you and the committee to come back with spec-
ific recommendation. I left it wide opened for you to come back with a recommendation.
All we did is pass a motion in principle. our philosophical agreement that Economic
Development should have priority, either through this method or any other method that
you can develop.
Dr. Amando taCasat Chairman of Little Havana. I'd like to join my fellow chairman who
preceded me in commending the staff of Community Development of the City of Miami for t
the cooporation and help that they gave us in this planning. We are satisfied with
the allocation recommended by your staff for the Third Year Funding of the Little
Havana Area. The only question that was raised is in relation to the neighborhood
facility renovation, the $500,000. I would like to call your attention to the fact
that with this about money we raised the allocation for remodeling the community center
to $900,000.00, which is the figure of $400,000 in the second year and
$500,000 now. If you add this to 1.5 million dollars that the Community Center cost
the acquisition of the property we are talking about a property that has gone up to
2 million 400 thousand dollars. We are very happy with the fact that it was possible
with the help of the City of Miami and Dade County to acquire this most needed property
for having our community center, the location is excellent and we we -feel that it has
a lot of potential . However, I must say that the building is becoming a permanent
denunciation to the inability of the city to put those 2 million 400 thousand dollars
to work effectively. Close to two years now we are driving up and down southwest first
street seeing that giantaic thing there lying without any practical use. I have
discussed this many times with staff people from the City of Miami. I have called this,1,,
to the attention to some of the members of the commission and I assure that it is
in everybody's interest to do something to remedy this situation, but I urge the
Commission once again to please call the attention to the staff to this situation because
the community is becoming a little bit restless about it and some questions are being
raised and we feel that enough money has been put into this project and that there is
no reason why the community should be further deprived of the use of ...
Mrs. Gordon; Why are they deprived Mr. LaCasa, why aren't they using it?
Dr, Amando LaCasa: That question Mrs. Gordon, I'm sorry I cannot answer that because
always the same answer comes back to me when I raise this question and it is that it
is in the planning stage. The remodeling is in the planning stage and has been in the
planning stage for almost two years now.
Mrs. Gordon; Well, can the department or somebody clarify the in activity of the
neighborhood facility according to what Mr. LaCasa has just now stated?
Mayor Ferre; Before you do that, you have before you in one of these mini sheets a
schedule of modernization of Little Havana Neighborhood Center, the completion of the
schematic plans was January loth.
Mrs, Gordon; Where did you find that Mr, Mayor?
Mayor Ferre; on top of my desk, on top of my .,.
Mrs. Gordon. Can somebody furnish me with a copy of it?
Mayor .Ferro; I'm sure you have one like everybody else, I don't know where this cane
from, 1 just saw it here and I'm just,,.
M45, Gordon; Does any other Commissioner have .4 copy 0f that?
96
FE 1 1977
Mr. Grassio: No, one of the Mayor's Assistants asked for •-a ropy narlier.
Mts. Cordon: 1 don't have A rnpjr analI'd like A ropy before wr, disr-►►sy i1
M.op)t relit.: Approval id Iht. :: •1►t.mAt li• Haw; 1.y C.O. .l:th►►aty 1 11 PI/1 eas►►a1'1.+llou •+t
working drawings May Mtn •►dvrt 1 isit►ri of bids May 2i II . lt.+•c'iVed Faults Anne t' lli
pre war(' Conference, awarding of bids July 14th) notification of contract July i5th
and completion of construction by January 31, 1978. When approved by Cofmuni"ty
Development of the prelifnihaty plans we will sigh oh a full tiliie basis the following
architecture design team an architect electrical engineer, two ciVil engineers and
four engineering technicians. I guess, back to the question that was asked and t
apologize for the interruption. The question was not with regards to that document
which is how we're going to spend $900,000 to upgrade the facility. I think Mr, taCasa
question was has isn't being used to expose capacity and has it been used and who is
using it and how often is it used and when will it be used more?
Mr. Foesman: I'M sorry I understood the question in a different way Mr. Mayor and l'fn
not in a position .., that facility is run by the Office of Community Affairs. Cofninunity
Development dollars are being used to renovate it, but it runned by the Office of Cofn
unity Affairs.
Mayor Ferre: Could somebody answer that here Mr. Grassie?
Mr. Grassie: Well, we have a memorandum from Rob Parkins that speaks to this question.
I can get copies of that distributed to you if you would like, but the I think the
basic question that possibly you are asking is why hasn't this design work gotten off,
the ground faster.
Mayor Ferre: I think that's only half of it. The other half is why isn't the facility
being used more?
Mrs. Gordon: That's right, Mr. LaCasa has a very legitimate question. There was 211 mil-
lion dollars almost investment which is giving the community no return, is that what
you're saying?
Dr. La Casa: Yes, actually the last $500,000 won't be affected according to, I learned
here today until August of 77 so far the allocation is to be assigned, 1.9 million effectly
plus another half million dollars being recommendation for this Third Year, which
amounts to almost 21 million dollars.
Mrs. Gordon: Right, and you're getting the benefit in your community is that what you
said to us?
Dr. La Casa: Right, absolutely right.
Mr. Plummer: Well, who is using the facility?
Dr. La Casa: The facilities are being used by a couple of programs on very limited
basis. They have been assigned some space which I shall say is not the most adequate
of the space that you can get in this town, but still they have some space there. There
are about, I think three programs at this point working there. I would say that the
amount of space being used at this point do not exceed 10%"of the available space of the
community center.
Mr. Plummer: Why did he spend $100,000 for maintenance.
Mayor Ferre: And, don't we have staff there, isn't Ms. Calderin there? Don't we have
programs going on all the time? I thought we had meetings and musical presentations
and we reencuentro Cubano , we had arts exhibits.
Mr. Plummer: I've asked on two different occasions to be supplied a list and 1 think
as late as the last meeting I asked what is the thing being used for?
Mayor Ferre: And, I've personally been there. I've been there for about five meetings;
during the year.
Mrs. Gordon: Put that apparently is not what Mr, LaCasa means Mr, Mayor, He means.,,
Mr. Plummer; We1I, here's all of the answers right here it hasn't keen given to US,
Dr. LaCasa: Okay, let me clarify, Let me clarify this, Tne center was designed or is
being designed to be used in a two -fold fashion, On one hand asked office sPace for the
number of Programs of social nature that serve the Little Havana Area, The other ,purpose
is to use the auditorium another common facility for this type of musical presentations,
art exhibits and conference and soeforth. TO this last effect,, the center has been
used. On the first one the amount of space used,, 1 would Say do nQt exceed IA% Of tha
available space. Hut I should make this point. My attention has been called to the
fact that even the City of Miami Fire bepartMeht has raised questions about the
advisability of the use of the facility for theater purposes and presentations and
I've been advised that some question has been raised and that they mere negotiating
and seeing how this could be remedied, so the whole point is that we haVe a facility.
Well, located, needed and with the potential to be developed The funds for that
development exists. We don't haVe to go and look for them and the only problem depriv,
ing out community of the full use of the facility in the right is precisely the
fact that we are still in the planning stage. This schedule here is One mote that I
have seen. Let's be reasonable. We are reasonable people. We can live with this
schedule. I can here that we can live with this schedule and We'll be happy to Wait
until January 31, 1978 for completion of the work in the center. We Understand that
these things takes time, but we want to see something going oh because quite frankly,
we haven't seen any and this is the main question. If this is going to be implemented'
,and we can't have guarantees that we are going to see this work according to this
schedule, fine.
Mayor Ferro: Mr. Foesman, I think that's a direct question to the Administration.
Is that schedule going to be adhered to?
Mr. F'oesman: As far as I'm concerned it will.
Mayor Perre: Alright
Mrs. Gordon:, Can I ask a question also Mr. Mayor on the amount of the improvements.
Are the monies we have allocated going to cover all of the improvements that are
needed or is there more money that's needed and this -is being mentioned now?
Mr. Foesman To the best of my knowledge Commissioner, the dollars that we have
allocated will cover the improvements that are needed, No, I think it needs to be
said that it's a rehabilitation project that in the end it's not going to be brand
new office space, if you will. We are designing a building within a budget rather
than building a budget around a building that would be most desirable. I think that
distinction needs to be drawn. When you start rehabilitating a building you can pour
millions of dollars into it in trying to create a new building..
Mayor Ferro: In the meantime, our Action Community Centers-S. Lobsters , Manpower,
Cuban !•Museum , Latin Street Academy, Los Viejos Utiles , and so on are they using that
facility now?
Dr. LaCasa: :rust part of it. Mr. Mayor. I don't have the list.
Mrs. Gordon: Here take this.
Dr. LaCasa: Action Community Center, and Spiny Lobster Program are both using the
space. The Manpower Summer -Teen Employment Program is not using the space for the
simple reason that the program is not still in effect. It won't be in effect until
this summer. The Cuban MuseumofArt & Science, I haven't seen it there. The
Riverside Baptist Church Youth Counciling Program is not there to my knowledge. The
Latin Street Academy is not, Los Viejos utiles is not there and the Industrial Home for
the Blind moved in last: week. Moved in last week in the building which is just the
second building I think it is the one that is just in the so-called auditorium and
the larger building with three floors. That building, I've been told also is not suit-
able for renovation and that it might be --
Mrs. Gordon: You mean the blind people are in the there. In the building that's not
suitable for rehabilitation they put blind people?
Dr. LaCasa: Yes.
Mrs. Gordon: I don't believe that.
Mr. Grr,ssie:: Mr. Mayor, it's extremely difficult for us to respond since the staff
person who was responsible for the allocation of space is not present. think that
the dialogue of this going on is interesting, but We can't respond to it.
Mayor Ferro: I'll tell you what, let's do I think that's a proper statement, the people
that are in charge are not here and therefore cannot respond it's silly for us to think
that the Manager can have ten thousand answers in his head, so let's do it this way:
Why don't you schedule this for regular commission hearing, and by that time you can
have Mr. Parkins here and everybody else. We'll ask you to come back and we'll get
into this at that time, alright.
LaCasa: Thank You very much.
Mrs. Gordon: And, also I would ask that if in fact you're trying to work your iten
ovations within a budget then tell us the budget that's heeded to Makethe building a
building that people in the coimnuhity can use to the fullest atn'uht. I means let tis
at least know the probleiio boh't keep the problem from us and let us find out in this
manner which makes Me feel like it'S slightly ridiculous
Mayor Fetre: Alright, is there anything else at this time on this item? Now, are there
any other speakers? Anybody .from Coconut Grove wants to address the CoMMissioh Oh
city=wide projects, if not, then I assume that the public hearing is ended.
Mr. Foesntan: May I make one other comMent, and that is to also coMplitent the Staff
that worked on this application. There ate staff people and I recognise that they get
paid for doing it, but they're spending literally dozens of hours a week at night ,
meeting with community groups. Dena Spillman and her staff are doing a Marvelousjob
in my opinion of putting this application together,
Mayor Ferret Mr. Foesman, from my knowledge of it I completely concur with your
statement and I hope nothing that's been said here is taken in any way a slap at the
magnificence job that's being cone by the staff.
Mrs. Gordon: 1 don think that was intended at all.
Mayor Ferre: I completely agree with that. t think the staff has done a magnificant
job and I think all chairman and the secretaries and the members of the committees have
said so time after time without one exception. And, the fact really is that instead of
looking at this from a negative point of view, you know what it is that we've gotten
through this thing without anybody screaming or throwing anything at us or you know,
usually we get into these meetings and they are real drag out fights. And, we've just
talked about spending almost $10,000,000 dollars and nobody has really screamed in the
audience, that is. So, I think we ought to be right proud of ourselves and the congrat
ualtions to all of you, Ms. Dunn, Annette, Mr. Dean, Mr. Florence, everybody who has
been involved in this, the people in Allapattah, we thank you all for your interest and
corporation and participation and good night.
- HEAVY EQUIPMENT SERVICE FACILITY
A COMMENDING ?RIC 1SBftAEL FOR HIS EFFORTS;
B) FUNDING OF NNER KEY AUDITORIUM IMPROVEMENTS'
17' lITIEnANUF
COMMERCE
Mayor Ferro: Alright, ladies and gentlemen it's my pleasure at this time to announce to
you that. the Department of Commerce has reconsidered the City of Miami's previous
allocation which was zero for a grant, for the grants that we requested and we have -been
informed that the Department of Commerce has approved the heavy equipment service fac-
ilities for 2.7 million that we have gotten verbal approval of the Dinner Key Auditorium
impr:,ve��.. *s which amount to 4.2 million.
Mr. Grassie: 3.7 million Mayor.
Mayor Ferro: I'm sorry 3.7 million and .
Mrs, Gordon: 3.7 million in addition to this or...
Mayor %'erre: In addition to the 2.7 million and that is 6.4 million and we might still
get a little more and I just want to tell you that I couldn't be prouder of the City
Administration for the way they've handled this quietly, effectively, I myself have been
in many conversations. I've written letters, I've been in conversation with Mr. Oakley
in Atlanta. We've been up to Washington and I would say that Mark Israel has done an
exceptional job and I certainly want to thank Mr. John Heaton, the Assistant Secretary
for Economic Development, Mr. Charles Oakley of the Regional Director in Atlanta, and
all of the people that have really gone out of their way to cooperate with the City of
Miami. it's still a rather touchy matter and I don't want to go much beyond except to
say that I really want to thank the Administration and Mark Israel in particular,and if
someone would move this resolution, Father Gibson moves, Commissioner Reboso seconds.
Mayor read the resolution into the record, voted on as follows., Is there further
discussion on this?
Mrs. Gordon; Will that cover the total cost?
Mr. Grassie: The projected cost for the facility_in
that the city will be contributing would be property
Mrs, Gorden: We don't have to buy though, , , ,
Mr, Grassie. It's city property already and the staff effort particul.+arl'y
Works Department in engineering and that Sort of thing,
question,
land, and
Yes the other things
the staff,,
n thr, Put)) :
90
1 1019771
Mts. do rlrnr: Alt 1t ill ,
Mr. Grassic: in other words inkihd services,
Mrs. Gordon: okay, then we don't have to add aty dollars,
Mayor Fetre: NO,
Mk, Grassier You do not have to add any dollars,
Mayor Ferret This is a Major injection into this cbtnfltuntty, I'm sorry that we were
unable to get the funding that we requested for the Convention conference center, but
the fed's decided that we needed an enrtirontnental impact study, We argued with then
as long as we could, but we thought that to argue further(this is the publio Worke
Program) to argue any further would jeopardite everything and We therefore, 1 think it
was a wise decision to retrench and get what we Could and I for One am Very happy at
the outcome, Alright further discussion on this, call the roll,
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO, 77-121
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE
"OFFER OF GRANT" BATED JANUARY 27, 1977 FROM THE
ECONOMIC DEVELOPMENT ADMINISTRATION, U.S, DEPARTMENT OF
COMMERCE, IN AN AMOUNT NOT TO EXCEED $2,710,050 FOR
FINANCIAL ASSISTANCE IN THE CONSTRUCTION OF A HEAVY
EQUIPMENT SERVICE FACILITY WITHIN THE CITY OF MIAMI,
(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
adopted by the following vote -
AYES Vice -Mayor (Rev.) Theodore R. Gi,hson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: I'd like to also pass a motion commending Mark Israel from all of the
City Commission thanking him for the yeoman job that he did. I think he really came
through for us at this time. Alright it has been moved and seconded. Further dis-
cussion. Ca11 the roll.
The following motion was introduced by Commissioner Gibson, who moved its
adoption:
MOTION NO. 77-122
A MOTION OF COMMENDATION ON BEHALF OF THE MIAMI
CITY COMMISSION TO MR. MARK ISRAEL, "OUR NAN IN
WASHINGTON," FOR HIS EFFORTS ON BEHALF OF THE
CITY IN OBTAINING GRANTS FROM THE ECONOMIC DEVELOP-
M>NT ADMINISTRATION OF THE U.S, DEPARTMENT OF COMMERCE.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote -
AYES; Commissioner Rose Gordon
Commissioner ., L. Plummer, Jr,
Commissioner Manolo Reboso
Vice -Mayor (Rev,) Theodore R, Gibson
mayor Maurice A. Ferre
NOES; None,
Mt,;: Gordon: Mr, Mayor, Would you put into the record i he informal inn above I ht.
hhtni,t Kl'y 'Audit of i►rut. t!; i t►,►t i r,wt i'
MayorPorte: that was told to us by phone) 1 mean to thy Adhinisttrat:iot. We have
not gotten the papets oh it, but 1 assure that they called to advise to us. What thdy
are not doing that to tease u5.
Mrs, Gordon: When, today?
Mr. Grassie: Today,
Mrs, Gordon: May 2 ask a question then ifit's proper. If it wotl't jeopardite the
receiving the fund, What had you plarhned to use, there Was other mollies that you
were considering if you didn't get it to do that job. Prom that fro i the Park Bonds
money
Mr. Grassie: I don't understand what you're asking.
Mrs. Gordon: The renovation of the auditorium. Where was that originally... how were
we planning to do it before we were able to get this grant?
Mr. Grassier You mean how was it funded before the grant.
Mrs. Gordon Yeah.
Mr, Grassier It's budgeted by the City Commission in the Capital Improvement Fund,
Mrs. Gordon: In the Capital Improvement Fund, well, does that free up that money for
other uses that we may have?
Mayor Ferrer Absolutely:
Mr. Grassie: Presumably it would.
Mayor Ferre: For Capital Improvements and that's why when we were able to move in that
direction it seemed apparent to me that then we could use-- see since we may be short
in the Convention Center that would free up some money to 'be used in the Convention
Center should it be needed or any other Capital Improvement Fund if we have enough money
for the Convention Center.
Mrs. Gordon: Is that permissible for land acquisition?
Mr. Grassie: Well, that money is city money so that the City Commission can determine
to use it anyway it wishes.
Mrs. Gordon: In other words it could logically shore up our monies for the F.E.C.
Mayor Ferre: Yes ma'am.
Mr. Grassie: If that's your choice, yes.
Mayor Ferre There's no question.
Mrs. Gordon: Thank you. Very important point, thank you.
Mayor Ferre: Alright, so, I think, that's why it's a major break through because it
freeze up that money for whatever other projects we may want to use it for,
Mrs. Gordon $3,000,000,00 worth of freezing up.
Mr. Plummer; Now, we're only $20,000,000 short.
101
FEB1Q. 7
1 g SN RYN NANC : •
THE C1T? t (DOCK
Mayor Ferret Mr: Grassie to make a statement on the pending ordinance and ask for
a statement from the administration as to Where We stand on this.
Grassie: Yes sir, Vince Grimm will introduce the proposed ordinance,
Mayor Ferret Alright Mr. Grimm,
Mr. Grimm: Mr, Mayor, members of the Commission, at our meeting ih January the Comm
ission directed that the staff go back and meet with representatives of the Marina
Tenants, the commercial people at the Marina to see if we couldn't negotiate a ordinance
and fee which would be acceptable to both sides. We met on four,conseoutive Monday's
for 2t2 to 3 hours at a crack. We shouted and hollered at one another, I guess if
prizes were given out Ike and I would win them, bUt nevertheless the end result of our
meetings are before you in the form of an ordinance which and 2 Won't speak for the
full audience but speak for those that participated represents our best effort, I don't
wish to imply that that makes either side totally happy, but this is far as we could
go within our own limitation. Now, the bottomline of this ordinance is 8.9 cents for
(A) slips which we have changed from live aboards and 4.5 cents per foot for these
slips are non -live aboard.' The commercial people will pay 20% more than the (B) slips
spread out over a four year period at 5% increase each year and the residents of the
City of Miami will be given a 20% discount from which ever rate is applicable to their
type facility. In substance thats it. Now, I want to congratulate Dr. Ross and Ike
Konis and Tom Dickson and Joe Taylor ( I don't know whoelse) Allen Gliss and Frank
Albritton and those people that spent those many hours trying to hammer out an accept-
able agreement.
tdr. Plummer: Let me ask a question for matters of clarification. Do you take into
consideration as a resident that person who lives aboard the boat and does not own
property?
Mr. Grimm: flu.
Mr. Plummer: Okay.
Mr. Grimm: He must be a freeholder within the City of Miami in order to receive that
discount.
Mr. Plummer: So if he is a freeholder and a non -live aboard he then would pay the
equivalent of approximately .03 cents per foot per day.
Mr. Grimm: Excuse me Mr. Commissioner I didn't ...
Mr. Plummer: If he is a freeholder, non -live aboard you quoted the rate at.04 cents
per foot per day.
Mr, Grimm: Yes, you would reduce that 41 cents per foot by day by 20%.
Mr. Plummer: So, then he in fact would be paying roughly 34 cents per foot per day.
Mr. Grimm: Yes.
Mr. Plummer: Now, let me ask this question from the ea Set not taking any one Marina
that in the private facility what would you pay at a comparable Marina facility not
municipally owned?
Mr. Grimm; Well,
Mr. Plummer: A non -live aboard..
Mr. Grimm: Probably in the vicinity of 0.13 cents a foot a day
Mr. Plummer; You would say that would be the average, about 0,13 cents, and you are
proposing and feel that it i.s fair to the city to take 0,10 cents less or the equivalent
of 31 cents a day? Okay, I'm not saying comparable,
Mr. Grimm: 1 have to answer your question, yes, $ut remember 1 qualified this at the
.beginning by saying that neither side eras totally happy with the .end result, This was
an end result we could reach and this is the end reeglt that were presenting to you for
t.gits 10197Z
Cafe acceptance.
Mr, Plummer: Now. another point of clarification. is this rate assubinq that it would
be agreed upon this etrening whatever tate that is agreed upon, is this effective tetto*
active today, 30 days froti now, what is the agreement?
active,m8Well, 't make ah
0 it'seffectiVe igoing htheto play ordihanceWasrfatut you as We'renconcerhed March n1st,
recto
Mr. Plummer: That's your understanding.
Mr. Grimm: Yes sir.
Father Gibson:_ Let me ask a question. What about the people who will have to deal
with this for the first time? I'm always concerned about any law that is made. 0o
you give the people ample notice, an opportunity to adjust to , you know?
Mr. Grimm: Well, the ample notice, Father is this has been before this Commission of
and on for 41 years. It's been before this Commission, this is the third time since
December. I hope that everyone of us has attempted to communicate to everyone to the
best of our ability. You'll have to ask some of the Marina tenant representatives
whether they in fact have communicated this entirely with their people.
Father Gibson: Alright, let me raise , let me pursue that same line of reasoning.
We've have it, yes. Several times within the last year talking about but I'm sure that
the usual thing is that I hope the Lord it isn't going to happen, so maybe some of
those people did not get their house in order. This is not for you. I mean the
Commission, I wonder what predicament it puts these people in, you know, a man only
has, I'm assuming most of the people I see out here are poor people like myself. Maybe
you have more than I have, but I was just thinking that 30 days, 60 days, you know,
that -kind of a thing, a man has an opportunity to set his house in order, he knows if
we pass it today, effective, you see what I'm talking about. I'm always concerned about
that.
Mr. Plummer: I got no qualms about that. Mr. Grimm, excuse me I'm sorry.
Father Gibson: And, then.. let me raise an. entirely different question.
Mr. Grimm: Before you ask that question, the City Attorney corrected me Father, in
the fact that the ordinance isn't effective until 30 days from the date of the passage
today is already the 10th, so my statement as to March 1st is an error. It would be
March 10th already.
Father Gibson: Well, Mr. I know this is your line, but I just think about the
people - =- well, a man has a mortgage, I don't know how you buy boats.. I know how you
buy houses because I'm involved, you know, you have to prepare to meet those notes.
I'm just trying to understand so that nobody would leave here who isn't--- we aren't
going to satisfy either side. But that nobody would leave here not feeling... nobody
would leave her feeling that it came sudden on him, but that he has had ample time to
get his thing together, and -I wonder, if you know what I mean.
Mr. Grimm: I'd have to answer that question in the infirmative Father because you
remember this is actually a deferred group of hearings dating way back to July of last:
year. So this is not something that is brand new and unless that person moved into the
Marina between July and this time he would have been aware that something was going to
happen.
rather Gibson; Yea, I know you waived the flag , but you know I hope you heard what I
said earlier. I was hoping the Lord it wasn't going to happen. You know most of us
live that way. You know hoping that the Lord ian't going to let it happen that's all
I'm ---- ,
Mr. Plummer: Mr. Grimm, let me ask you a question sir. Based on the present rates
there is no distinction between live aboard and non -live aboard?
Mr. Bob Jennings; There is in a sense in as much as the present rates are not on the
basis on cents per foot per day, they're flat rates, But if you occupy a bulkhead berth
a small berth which is where essentially the non -live aboard boats are, they're are
naturally at the very small slips, They do pay of course the lesser rate, The bulls -
head slips,
Mr, Plummer; Mr. Jennings the point I'm trying to make is getting back to that area of
the non -live aboard property freeholder, At 34# cents a day that individual today is
he paying more or less than that rate?
103
FEB01977
Mr. Jennings: He is paying mote than the tate per day.
Mt. Plummer:
Mr, Jennings:
more.
Mr. Plummet
Mr, Jennings:
30 foot slips
day.
So in effect what you're telling Me is this is a reduction?
NO no, I'm saying that under the new rates that person Will be paying
What is he
Weil, let
They pay
paying how if he's being inoteased to 31 cents?
me use the ekarpie again of the btiikhead rates here Which Ate
$24.75 a month which equates to about 2,8 cents per foot pet
Mr, Plummer: That's up to a 30 foot.
Mr. Jennings This is a 30 foot slip, bulkhead slip,
this will now be going up to 4.5 cents.
Mt. Plummer:
No, 3.5 if they are not live aboard.
Which egUates to 2.8 cents, how
Mr. Jennings: Alright, if he gets the discount for being a resident it Would be 3.4,
whatever you calculated.
Mr. Plummer: The final question, Mr. Grimm you indicated that on the commercial aspects
that there would be a 20% increase.
Mr. Grimm: Yes,
Mr, Plummer: Isn't that really equate itself to 0.10 cents a day.
Mr. Grimm: I didn't figure that out.
flr. Plummer: Well, they're paying presently as I understand $15.00 is that correct?
Mr. Jennings: Let me make sure I understand your question again.
tir. Plummer: What are the commercial boats paying presently?
Mr. Jennings: Commercial boats are paying $20.00 a month essentially that.
Mr. Plummer: Then the figure that I had of $15.50 is incorrect.
Mr. Jennings: Well, you ask a difficult question. The commercial shrimpers are paying
$20.00 a month. The two sailboat rental concessions over here each have 10 slips, they
pay us $20.00 a month for their first of those 10 and 15 a month for the other 9. So,
essentially $15 to $?0 a month.
Mr. Plummer: Okay, let me use your figure then, alright sir. Based upon them paying
presently $20.00 a month, the 20% increase would be $4.00.
t-9r. Jennings: No, no, you misunderstook what Mr. Grimm said.
tir. Grimm: What I said they would be paying the non -live aboard rate which is 41% plus
20% in 5% increases over four years.
Mr. Jennings: Their rate will now go up to for instance, the basic rate will be $55.00
a month instead of $20.00 and then on top of that they will pay another 5% which will
be increased incrementally 5% per year for four years. This is an attempt to you know,
make the 20% increase a little easier for them. So, they'll be paying, in other words
the 1st year they'll be paying $57.75 per month as opposed to the non-commercial
individual in this same size slip, 40-foot slip, who will be paying $55,00,
Mayor Ferre: Iiow much percentage increase is that?
Mr. Jennings: How much of a percentage? Well, it's from $20.00 to $57,75 so it's
150%...
Father Gibson: That is the thing that bothers zee,
!Mayor Ferre; Well, how does that compare with the private sector, you know,:,, Val KIT)'.
Mr, Reboso: My question, Mx, Mayor is this, in the new rate When we az'e charging 310
cents per foot, how m.ch are they paying in the private Marina?
Mr, Jennings:
Well, that' S difficult to of irate, because,,,
104
Mt. Plummet:
cents?
didn`t Mt, GtMftl just use the
Mr, Jennings Yea, but you said for a comparable Marina, You know, 1 don't
you compate Marinas, but 1 would say that what he used is probably accurate
to 0.13 pet foot pet day,
khOW how
frtpp 0, le
Mayor Petra: In other words, weite going up to 1 cents(Ihaudible comtient) oh 1 see,
we're cjoina up to 4,5.
Mr, Gritnmt on this chart ate the rates presently paid at the Marinas that you see
listed.
Mayor Ferret Well, you know, we've been going battling this thing back and forth hoW
for two years or more (Inaudible cothnlent) and what you're saying is that We're going to
4.5 cents, right?
Mr. Plummer: Without the discount.
Mr. Jennings: For the non -live aboard. Now, the live aboard is 8.9 Cents, What We did,
if I might go a little further with the explanation, is we developed a formula which is
composed of our costs plus $150,000 factor which is a reserve for improvements. We reach..
ed the bottoinline of dollars that we wanted to accumulate in the course of a year from
Dinner Key Marina which amounted to $455,000 per year. Now, of course, you can split
that pie anyway you want to. As far as the live -aboard increment as opposed to the non -
live -aboard increment and as far as the city is concerned if you reach the bottomline
if you get a whole pie when you finish we've got 100% of the dollars that we require.
The split between live -aboard and non -live -aboard was a suggestion made by the tenant
committee, the tenant representatives.
Mr. Plummer: And, I agree with that philosophy.
Mr. Jennings: They are the ones that wanted a split of approximately 27.73%, so if you
take that $455.000 and split it 27.73% you come out with the rates that we've given you.
Mr. Plummer: How much of that,.. did you
say $455,000?
Mr. Jennings: Yes.
Mr. Plunun r: How much of that is for expansion?
Mr. Jennings: Well, there's $150,000 in there that's for, not necessarily expansion,
but ct:rtainly improvement of the existing Marina is what we had planned to do first with
... there's a great deal of improvement that needs to, be made to Dinner Key Marina.
Mr. "Plummer: Agreed.
Mr. Jennings: Electrical improvement particularly, but other things as well, pilings,
stringers,shower and toilet , the restroom facilities, a good many things where we need
to spend some money and our thought was that $150,000 we would use that each year
incrementally to improve the Marina.
Mr. Grimm: Let me interject one more thing here to refresh your memory, the discount to
the people that were residents of the City of Miami and the increase rate to the comm-
ercial users were direct directions of this Commission, You told us in our deliberations
that you wanted the commercial people to pay more and that you wanted to give the tax-
payers of the city a break.
Mr. Plummer: What I don't see up there is anything as it relates to the Miamarina,the rates.
Mr. Grimm; The Miamarina is in your ordinance,
Mr. Jennings: They are also being increased,
Mr. Plummer: What will the rates go to there?
Mr. Grimm; Increase of 10%,
Mr. Jennings; Well, the commercial rates are increased exactly 1.Q%. The nonacom►ercal
rates are increased actually a little more than 10%,
Mr. Plummer; Well, what is it per foot per clay?
Mr. Jennings; It Will be 0413 cents per foot per day for the ,you can call them levee
aboards, but the piers would ,., and it will be 8 cents per foot per dAy Apr the bulke
head slips, which is you know,.,
105 FEBI01917
•
Mr. Plemmet t 13 aticl 14,
Mt. Jennings: 13 and 8, yes sir,
Mt. Plummer: Why do you equate such a big difference betweeh the tot Mantas/
Mr, Jennings: Weil, for a couple of reasons, number one Miamatina is a brand heW
Marina, the afnehities dbwt► there We have very good electrical service and We have
very good telephone service, we have good resttoom facilities
Mr, Plummer: The telephone rate is separate from the docks,
Mr. Jennings! Yes, but the facilities are better just the same, because our procedure
there is that if you bring your boat into Miamarina We hate the telephone instrutheflts
and we're able to give you a telephone the Inoinent you arrive, Here at bihner Key the
telephone arrangements are between you and the telephone company and it takes time as
you well know. So, I'm just saying that it's a neWer Marina, has nicer amenities, is
fairly modern and is not in too much need of repair, if any, Whereas, Dinner Key is
old and needs attention.
Mr Plummer: The final question, which I don't agree With in philosophy but why would
we consider being cheaper than another municipality or another municipal government or
another government and I refer you to number one, which is six cents per foot per day
and no live-aboards permitted. Now why would we be half of that rate?
Mr. Jennings: Well, I can again only refer you to the formula and the dollars that were
the bottomline of dollars and say that ifWOachieve our purpose which is to pay for the
Marina and allow for improvements that, and again speaking to the point at the split, the
rN
27.75% split, was at the Marina tenants request and we are getting 100% of the pie at the
bottomline, you know, that's the only answer I can give you, really for that question.
INAUDIBLE COMMENT IN THE BACKGROUND,
i•1r. Plummer: No sir, I don't believe to answer your question, I don't believe so. I
think that the answer there, the difference is that there is a maximum of a 90-day live-
aboard at Miamarina. It is solely set-up or it was designed and set-up for a transient
type of rather than full year live around freeholder. I would say your would be no, a
freeholder is a person who pays ad valorem taxes, that is my understanding of a freehold-
er, sir. Mr. Knox is that correct?
Mr. Knox: Yes sir. The owner of real property who pays ad valorem taxation.
Mr. Plummer: Then the answer would be no, sir. (INAUDIBLE COMMENT) But you don't pay an
ad valorem tax on that sir. You pay a tangible personal property tax.(INAUDIBLE COMMENT).;
Don't let them hear that sir or they're be after you. (INAUDIBLE COMMENT) Okay,I tried to
answer your question. (INAUDIBLE COMMENT)Well, according to Mr. Knox a freeholder is a
person who owns real property and pays ad valorem, if you are a renter, if you are a
tenant you don't own the property.
Mr. Jennings But our ordinance provides that the renter of a piece of property with-
in the City of Miami where the landlord pays taxes does get the 20% discount. Our
ordinance is written in that fashion.
Mr. Grassie: I wonder Mr. Mayor whether two comments might be in order. I detect a
certain sense of hesitation and reservation on the part of the City Commission. I
think two things need to be pointed out. (1). the ordinance that you have in front of
you is not designed to accomplish one of the things that the City Commission Said that
it wanted to have accomplished and that is to provide enough money to bond for improve-
ments and make the improvements immediately, okay, What you have in front of you is an
ordinance which provides a fund for improvements which would be made on an annual basis
but which would not support a bond issue. The other thing that I think that we have to
say is that this proposal represents what the staff could get agreement on and our ex-
perience has been that...
Mayor Ferre: You mean by the users,
Mr, Grassie: With the users and our experience has been and maybe we have misread you,
but our experience has been that you were not anxious, you were net willing to adopt an
ordinance which really created a lot of opposition. We have tried to bring to you an
ordinance which does have agreement,
Mayor Fevre: Let me express my opinion again and I know I'm sure it won't be very
popular in this room, but I want to tell you, The City of Miami. in 18 years has had
one 10% increase, is that correct? In 18 years1,0k3 Now, there was an _editori-al in the
Miami News and I don't always agree with the Miami News they cal9.ed us ,a bunch of jetty
fish for not having the backbone to stand 'up on .CQnWleti.on on 5.QmetMing which we've
3.06 FEB I01977
been sdreatiing about(this and previous Cofifnissions that t know about) fot about / ot 8
years, Alright that's nuMber one. Number two, this is a Matibe oriented coifitunity et
supposed to be. flow, the question is how do we best serve that, by keeling low rates
or by getting the rates up to a point where we Can spend the money. #1,to ifproVe the docksr
which desperately need it, and 42, to have sufficient fuhds coming out of that to tine it
as a bond issue for financing to go out and build note, because we shouldn't be satisfied
With the 450 units ot whatever it is that we have in the Miaratiha and St oh. l ineerl,
we should have 2,000 or 30000 units out by this tiMe, t think this City of Miami has been
completely neelient including myself and everybody else around here, in tot building
into this... This Dinner Key ought to be another Martha belrey or whatever the tale of that
place is in California, it ought to be second to hone, this ought to be the showplace of
Florida. We ought to have a thousand slips out there and it ought to be a place that
people would come halfway arouhd the wotld to .see and love it and it ought to be full of,
restaurants and it ought to be a teal great place and it hasn't happened. And,_ it hasn't
happened because we in this city commission have been reluctant and scared all the time
to increase the rates, Number three, the last time we had this thing where We were talk..
ing about 7.3 cents per foot and everybody was all upset and we were about to say the
hell with it we're going to do it. And, then we got into this whole process of trying to
negotiate now we're down to 4.5 cents, a little bit down...(1NAUDIBLE COMMENT)3.5, well
whatever it is, it doesn't much matter; then over here at Monty Trainer's he charges 0.15
cents;Dade County charges 5e and theirs is in as bad a condition if not worse than ours
they had to shut down some of their docks, they were so bad. And, Little River is 0.11
cents and the King Cole and so on you know, 12e and 25and you get up to these real
luxury places like the one up in Ft. Lauderdale that's 45e a day a foot. And, here we are
now, Mr. Jennings, I just saw something that was just unbelievable to tne, when you get
up to the 65 ft., some of you people got angry because I mentioned fat cats, anybody who
has a 65 ft. boat in my opinion qualifies. The reduction, would you believe me, tnetnbers
of the Commission, that there is not an increase there is a reduction for this 65 ft. boat,
Mr. Jennings: Mr. Mayor, we're talking about one slip and that's located at...
Mayor. Ferre: Mr. Jennings, on the 65 ft. one slip is there a reduction?
Mr. Jennings: Yes there is.
(INAUDIBLE BACKGROUND COMMENT)
Mayor Fcrre: That's yours.
Mr. Jennings: That's right. If I may explain. There is one 65 ft. slip what we call
the Dinner. Key Annex, the old Underwood Property. The Underwood Property is totally a
non -live -aboard facility. So for that one slip there is a reduction, the 65 ft. slips
at the main marina...
Mayor Ferre: Look, I've made three points, I want to make two more points. Number four,
the purpose of this whole thing was to improve the docks and to expand them and we're
mainly trying to do this for Miamians. I have absolutely no concern and no obligation
and could care less about people who live in Coral Gables, Hialeah, or South Miami, that
is not my problem,and I could care less about how they (gDI�LaUSQ� dd about the
people who live in the City of Miami. Now, like many of youAno, n C� Tdf you, I
guarantee that there are more than half of the people that are using these docks do not
live in the City of Miami, and you know it just as well as I do. Alright, now, the other
aspects of this thing(BACKGROUND COMMENT)if you live in the City of Miami, fine, you're
the ones that I'm working for. Now, the last aspect of it was the distinction between
live-aboards and the non-live-aboards and the commercial and so on. Now, it just seems
to me that we're just really going in circles or backwards,you know. I just,..
Mr. Torn Dickson: Mr. Mayor, may I comment? I'm President of Dinner Key Tenants Assoc-
iation and I've been meeting with the City Administration for the past two years also.
I've been in these meetings on Monday mornings for two and three hours. It's been my
objective since the beginning of these negotiations with the city to represent the ten-
ants at Dinner Key and our position has been,and I think rightly se,that we do not want
to be a burden to the City of Miami, We are willing and have agreed to pay our fair
share of the cost involved in both the direct and indirect operations of the Marinas,
We have further agreed to contribute $150,000 a year out of our rents for the improve-
ments of a city -owned facility, Now, how the rates ultimately evolved was not our concern,
We didn't look at rates at other Marinas, We said let's do what we set out to do, And,
that's to pay our fair share of the cost, Pay $150,000 a year toward the improvements
and then divide it among two clases of slips, (e) are bulkhead slips and (A) or the
premium slips, We have met with the City Administration they've done an admirable lob .Of
prorect:ing the city. We feel we've reached something that is acceptable to us. The
average rate works out to about 7C per foot per day, which is somewhere less than what
you see on the board and somewhere higher than the county., oh, The Marina as you know
the improvements that have not been made et Pinner Key perhaps are reflected in rates,
1
i
but it's an equitable atrangement it's one that 's going 'to protect the city in the
future and it's ohe which Theodore Gibsonconinehted oh. It's goihq to be painful for
a lot of us, but it's something that we aro going to haVe to live with. And, rather
than saying atbitrarily the rates ate going to be this or it's going to be that or We
are going to do what Monty Trainer's doing or we worked out a formula that is
proteet.ing the interest of the city and the intetest of the users:
Mayor Ferre: Mr. Grassie, what's your advice?
Mr. Grassie: It depehds on which of two policy alternatives you chbosetMri Mayor.
One of the alternatives that you cab choose is to attetpt to operate this facility oh
a 'Jay as you go" basis with some modest ithprovefnents being made, period. If that is
your objective, the ordinance that you have in front of you Would accomplish that.
Mayor Ferre: Well that was not the stated objective of this Commissieh that Went on
record,
Mr. Grassie If your other objective Mr. Mayor is basically to make Marina facilities
as a whole in the city and improving city facility available to more and More citizens
for the community, if that is your objective, you would have to approach corninercial
rates in order to raise enough money to be able to bond and do the kind of construction
that you're talking about.
Mayor. Ferret Does this do it?
Mr. Grassie: This will not do it.
Mayor Ferre: Well, now, Mr. Grassie, wasn't the Administration instructed to negotiate
this with that theory in mind?
Mr. Grassie: I believe that we were to begin with Mayor, but you know, we have proposed
that sort of rate to you and it has not been acceptable, at least we have not gotten
acceptance.
Mayor Ferre: it wasn't acceptable because there was some built into and
we were trying to work out the , but I certainly,.. I can only speak for
myself. It wasn't, was not my intention to have this thing lowered to the extent that
it has been lowered.
Mr. Tom Dickson: Mr. Mayor at $150,000 a year in 10 years you put a million and a half
dollars into this...
Mayor Ferrer Mr. Dickson I'm not going to be around worrying about it in 10 years.
(applause) ...You just convinced me that we really ought to increase it. Thank you
very much, I'll tell you, you just talked me right into it. I thank you for that reaction.
(UNIDENTIFIED SPEAKER); LONG INAUDIBLE STATEMENT.
Mayor Ferre: See, that'§ the type of inequity that I think we should have addressed, and
I agree with that, but that has nothing to do with the rate that's being discussed.(IN-
AUDIBLE BACKGROUND COMMENT)I beg your pardon, what I mean is that,of course, if you have
a 80 ft. slip and you put a 40 ft. boat and the city cannot provide you a 40 ft. slip
then I would agree that you ought to pay on a 40 ft. basis. But that has nothing to do
with a very simple premise that I am totally against the City of Miami leasing space or
renting space for 31 cents a foot when we were talking about 71 cents just six months ago.
(UNIDENTIFIED SPEAKER); Excuse me Mr. Mayor, when I asked a hearing before the one that
was held there was discussion about commercial boats in this Marina. Now people who make
a living out of their boat shouldn't be given a lesser rate than someone who is living on
them. But they are and not only getting a lesser rate but they are getting a 5% increment
in over a four year period.
Mayor Ferre; And, I agree with that, and I stated that on this record before. Look, I've
made that same statement, I don't know how many of you remember, but I've made that same
statement, so you know, I don't disagree with that. It looks to me like we've just gotten
off on a tangent, completely,
of
Mr. Grassie: The only virtue Mr. MayorAwhat you have in front of you is that it rep-
resents agreement with the tenants,
Mayor Ferre; Is it the best thing for the city Mr. Grassie?
Mr. Grassie If it is the policy of the city tel adopt the second course of action and
to improve Marinas in this community generally to make them more available to more people,
no because it's not going to raise enough money,
103
FEB 101977
Mayor Cerre: But Mr. Grassiej this Coftthiss on has gone of tecotd with that a cact seine
statement in point and i don't understand how you cart 'core back with 'thie wheh itta coh�
traty to the policy as established by this City Goitittissiof officiaily,,and you ahnw Mt
where this City Commission chaitged that policy,
UNlbENt11•tt(3 S1 :AKtRt Mt, Mayor, .lust for the record,.
Mayer Pate. gitcuse me, doctor, but t` 11 recognize you and this gentleman tP2r here
in a little while, but tight how line got a question to Mt$ Gratssie, Mr, Grassie
would you tlease,
Mt:. Grassiet t guess Mt. Mayor this agreement again, reflects our readihq of what
you want to do bated On the four attempts that we've had in front of your before. t4ow,
as I say maybe We Misread you, You know, we can change it.
Mr. GriMmt Mr. Mayor, I have to take responsibility for that,
Mayor Ferret Mr.'Grittim, excuse me for a second, you know, there have been some express-
ions here of concern, actually very upset, lather Gibson, 'lumrer, keboso, oh for example,
when Frank Weston went out with the Dolphins and Made an agreement and told this City
Commission about it after he had done it. Because it was basically contrary to the
established policy of the Commission. Mow, Vince you were going to ahswer,but this
Commission, I think went on record. I don't remember that this Cotntnission changed that
policy.
Mr. Grimm: Well, Mr. Mayor, and please don't think me rude. I have assumed that the
Commission did change the policy otherwise why did they send us back to negotiate)you
could have passed this ordinance the way it was presented to you last time.
Mayor Ferre: Because there were basic inequities in it. Like for example, the commercial
fisherman paying a lot less.
Mr. Grimm: The basic inequities in dollars and cents right now are within $3,000 of
what we presented to you before and out of $450,000 some odd thousand dollars that's
pretty close. (applause)
Mr. Plummer: Let me make a statement into the record because I'll tell you Mr. Mayor
and I'm not trying to defend Vince or the Administration. But I defy anybody to sit
down and figure out what the hell the policy of this Commission was after we walked
out that night of that so-called public hearing which in fact was a screaming match.
I don't think anybody including a magician could have figured out what the hell the
policy of this Commission was because I came out of it and I didn't know.
Mr. Dickson: Mr. Plummer, may I assist you, apparently there was a published information
sheet that listed nine points that said use of a formula produced rates. Excess
revenues to be expended on Marinas.
Mr. Plummer: Mr. Dickson, the one thing sir, that I've been looking for and I've yet
to find the one thing is to eliminate these screaming matches because I distinctly
remember that there was supposed to be a formula devised so that each and every year
it could be re -calculated using that formula (whatever it was agreed upon) and it would
be, an automatic increase if it was justified. And, I haven't heard a thing about that
thing because...
Mr. Dickson: Mr. Plummer have you read the ordinance? That's exactly what it addresses
itself to, page 5. It says that the figures for the computation of the rates will take
into consideration the cost of the Marinas, the indirect costs, the insurance premium,.
the depreciation that's capital improvements and then it's simply . We're
trying to eliminate this. I spent too much time in the last two years working on it also,
and this I'm hoping is a compromise so that next year we won't go through this.
Mr. Plummer Mr. Dickson let me tell you what's in the back of my mind. You know I don't
think these people enjoy coming here giving up their evening of t,v, of whatever they
would like to do anymore than we the Commission want to sit here and go through this
dialogue year after year which it has been. And, you know, maybe I'm selfish to the
point Mr. Dickson that I'd like to take the easy way out, but you know everytime I come
here to this Marina fee increase I become more convinced than ever that it ought to go
out on concession and the city can in fact sit back and take in its percentage and don't
have to worry about it, Because I tell you I just don't see anything being accomplished,
if the city were to sit hack Mr.,pickson based upon let's call it $500,000 under normal
agreements we would get 30% concession fee,
Mayor Ferre You know what would happen J.L. if we did that, you know what would happen.,
you're talking about paying 311, 4 cents, 4' , you'd be paying l5 just like' tha w what
Would happen.
Mr. Grassier {veil, Mr, Mayor, possibly a reasonable course of action is in fact to do two
things, one to )prove this ordinance in the short run,rand twop to instruct us within slX
months to have this out on bids,
109
FEB 10197)
Mayor Forte: t' i i go With that, but...
Mt. Dickson: Mr. Mayor, may I ask also that if you put the Marina out on bids that
you put every other public facility out on bids, all the parks, all the golf courses,
the Miami Stadium, the Marina stadium also,
Mayor Ferret 1 think some of their would fit that fottuia. I don't thihk that you
could say that for a patk. I think there are other facilities that would fit into
that, I think that's a very good recotmendation. I would go along with that.
Mr, Dickson: We would ask and I would ask as a representative of the Dinner key
Tenants Association that you pass the ordinance as it's been presented. 1 think it's
fair, it's equitable and it's been negotiated in good faith with the City Adfiiinistration
to do anything other than that is to sabotage their best efforts and our best efforts.
I don't think it's hurting the city. 1 think it'll improve the Marina and I think' it's
something that the majority of the people here will support. And, you're asking for
more than that.
Mayor Ferret You see the question, it really comes down to a philosophical question,
who does this Commission serve at this juncture. Does it serve the people..who is our
responsibility)to you,or is our responsibility to the citizens of Miamilor is it to
the city.,. yea, but you don't make up the 380,000 people that live in this community.
You may represent several hundred, but you certainly don't represent 380,000 people and
you know they've got a right to be represented here too,(INAUDIBLE BACKGROUND COMMENT)
We've got to have the money to do it with. You know it's a chicken and egg situation.
(INAUDIBLE BACKGROUND COMMENTS)
Dr. Ross: Mr. Mayor, I'm Dr. toss as you know. I'm having a little bit of difficulty �.
following you, because I've been to every public hearing on this problem since it began
Including, the 10% raise which was not a 10% raise but a 20% raise in 1969. It seems
to me that at the last four public hearings your cry of outrage was that you were sick
and tired of the citizens of Miami, of the taxpayers of Miami, paying for the Marina
and giving everybody a free ride and we agreed with you. As a matter of fact...
Mayor Ferrer You didn't at first.
Dr.. Ross: It was Tom Dickson,at the first meeting a couple of years ago you suggested
that the Marina tenants intend to and want to pay their way. You come up with several
formulas and one of them had $110,000 replacement funds which you were all ready to
accept and we objected to the inequities in the formula and therefore we decided that
we would rather work out a more equitable formula. We come up with $150,000 maintenance
fund you find that unsatisfactory when you were willing to accept $110,000. We come
up with a formula which says that under no conditions at any time will any taxpayer of
the City of Miami be subsidizing the Marina to any degree you find that unsatisfactory.
We're paying for depreciation on cost that have already been incurred and paid for by
income from the Marina and that's in the formula and you're still not satisfied. I
wonder if you will give us one story and stick with it. You said you wanted a formula
where we would not be penalizing the taxpayers of the City of Miami and that's what we
have,this ordinance calls for a formula that will take into account increases in cost
of living, increases in cost of the city and the direct cost and the indirect cost and
in any improvements that are made. A City of Miami property that tenants of the Marina
are improving, the improvements to accrue to the City of Miami.
Mayor Ferre: Look, I reject your chastisement alright, and let me tell you,that's fine.
But you're not making any headway as far as I'm concerned by getting up here and insult-
ing me, so as far as I'm concerned, look, let me tell you something. You got your
opinion, ok. Now, I've got my mine.
Mrs. Gordon: Mr. Manager, I want to make a comment and I think that the shortness of
our tempers is because of the hour and I object to having a 9:00 in the morning
Commission Meeting that continues with a 6:00 o'clock agenda item and I don't think
it's fair to this Commission, to the Mayor, to you, to the people who have to listen
to people with short tempers or overtired and I want that on the record, (applause)
Mr. Grassier Commissioner, you've made that point before at that time the Mayor pulled
the City Commission and the majority of your colleagues,,,
Mrs. Gordon: I haven't lost my temper, the Mayor has,
Mr, Grassier ..,, did not agree with you and ,., We are simply scheduling meetings
eccorda.ng to the will of the majority of this body,
Mrs. Gordon; Apparently the will of the majority isn't able to take it.
Mr.Plummer; Well, let's elso put on the record and keep it straight. l think if you#li
110
N
t
play back the tape you Will find that it teas the tequest of the people ftott the Maf ha
that this be held ih the eVening, hot ih the afternoon so that ail people could attends
Mrs. Gordon: Not necessarily oh the same: day that you start a 9:00 o'clock in the
Morning agenda where you have 25 mihiites for a lunch break either,
Mr. Fred Roth: Madam Cottihissioher, CoMMiStic nets, my naive as you know is tired Moth,
I've spoken to you before here. I'd like to Make one point absolutely clear that
has hot beeh made clear, My first speech to you here, at two public hearings ago,
and one of which got the tenants coMMittee ihvolVed ih the first place was the fact
that the Administration comes in with examples which I said to you at the time you
have been misled, 'You are being misled again tonight, they're talking about a
bulkhead slip at 3 a foot. let's get doWh to cases, I have a 40 ft, slip. I have
a 34 ft. boat. My rent is presently $50.00 a month, With the ordinance before you
it will go to $105,00, that is a 110% increase. That figured oh a daily basis for
34 ft. is 10 a foot, there are ho 3 slips on the piers, You have been tnis,
led, You are constantly being misled. Ara I correct? Is there a 34 slip hot a
bulkhead? A bulkhead is not a slip, My rent is going up 110%, I will pay 10G per
foot per day under the definition of the ordinance as a freeholder 1 will get a 20%
discount.
Mayor Ferret I'm going to
statement that I've heard
talking common sense now,
question for this man, tha
the case then what are we
tell you something. That is the most sensible.intelligent
in this emotional evening. If that is the ease then you're
Instead of insults and emotion. When would you answer that
t Mr. Roth has posed and as far as I'm concerned if that's
talking about when you say 31 a foot?
Mr. Jennings: Well,, people say us by berth size, not by boat size.
Mr. Fred Roth Well take the berth size then if you want too. I don't have your
calculator handy. But as an accountant I can tell you that it approaches to a 9 point
something. It is not 3 which you have led this Commission to believe that somebody
is going to rent a slip for 3.8for a 65 foot yacht. It's not true. (applause)
Mr. Plummer: Mr. Roth how big is your boat sir?
Mr. Roth: 34 feet.
Mr. Plummer: And, Mr. Roth you are a property owner, is that correct sir?
111
t01977
Mt Feed Roth: That is totteet sit.
Mt. PiU1nff et i Do you live aboard your boat?
Mr. Roth Yes,
Mr. Plummet: You ate at accountant, correct?
Mr, Roth: Yes, sir. I didn't take the 20% off. That raises a good point:
Mr. Plummer: Mr. Roth, you tell me where I am wrong, As I ufiderstatd it the
proposed rate is you will pay 8c a day,��
Mr. Roth: 8.9c-----it is 11.0% increase, if I am not a freeholder.
Mr. Plummer: But in fact Mr.. Roth, you are well aware you are not paying
$120.00 :a month.
Mr. Roth: $105.00,---
Mr. Plummer: Unless my figures are way off you are going to be paying on a
----I assume this is on a 30-day month. You are going to be paying $3.00 a day, ----
Mr. Jennings: --his slip size times the 8.9c times 30 days, give you $105.00
a month for a live -aboard.
Mr. PLummer: I stand corrected.
Mr. Roth: This is what the Mayor says was inequitable.I think the best idea
to ever come out of this, all these public hearings we have ever had, I must remind
him, hopefully we can do it someday. Let's get a marina authority like you have a
parking authority. This was the Mayor's idea. An off-street parking authority has
built thousands and thousands of parking places at not one cost to the City. The
marina, this is what we need. This is how we are going to get it. Look at all the
time and effort we are wasting here. If we are going to do, let's do it right. The
other question asked, how much should they go up? We are in a depression. We are in
a recession, and you want to raise dock rates by 100%. We need to get a dock raise,
no question about it, but I want to be sure the record was straight, it is not 3c,
it is 9 and 10 cents.
Mayor Ferre: Mr. Roth, I am only one person here, maybe the commission might
be in agreement with the recommendation, so if somebody wants to make a motion,
we can discuss it futher later on.
Mrs. Gordon: May I ask a question first please? The question I would like
to ask Mr. Dixon as spokesman of the group, is the group satisfied with this
as a whole?
Mayor Ferret Who is not satisfied with this thing?
Mr. Dixon: No one is ever 100% satisfied. I was appointed as director, the
president of the association, I have negotiated what I feel is an equitable rate.
Mrs, Gordon: You are satisfied?
Mr, Dixon: I am satisfied, the majority of the people I think are satisfied,*
they .are not happy, --they are satisfied, The alternatives might be worse. Relative
to what Fred Roth said, I would like to comment because I have a request of the
commission' assuming it passes, that a marina counsel be formed and I would like
to participate in that, to do such things as to review sources of additional revenues
for the marinas, to review the expansion plan, so we can o$si.st and implement these
programs,
Mayor Ferre; 1 would like to remind the Commission that we sti11 have not
finished our afternoon session and it is almost 8 o'clock' Let's see 0141 ;the vannsehaus
is and see if we can come to an agreement, Let's see if ,fhero is a motion on the floor.
•
Mrs. Gotdofi:Mt, Mayor 1 asked for an exptessioh, I got an ansWet froth the
spokespetson, that the majority, ate relatively satisfied. With that 1 think welott
gone a long, long way, t remember when there wasn't so much, at let,that Much
agreement, 1 believe frankly the commercial vessels ought to be paying tore than
they ate paying, 1 don't have any reason -if anyone else has a reason, you tell
me why they should be paying less, I don't agree, Have you Mr, Jenningshave a reason/
Mr, Joe Taylor: 1 would like to respond to your question there, I am a
commercial fisherman and your point is well taken. To put you it a proper perspective
on the commercial fishermen. I won't go beyond that because 1 can't say anything
about other commercial types of operations in Dinner Key, tut the Commercial
fisherman's history is this, Our land which was once used by commercial fishermen
originally such as the property where the launching facilities ate now located.
Ole facilities run by Bodenheimer, and further south was once property which was
used by both commercial and private interest. This property was acquired by the
City through condemnation. Over the years we have been placed it the position of
not being able to acquire property, and we have been at the mercy of the city to
provide us with commercial property. Now they say we are now going to tax you and
subsidize the public by increasing your rates some 20%. We say we cannot replace
our facilities, you have taken them through condemnation. This is an inequity and
now you are goint double tax us for it. We cannot stop these procedures. We are
not standing in the way of progress. Moreover now, the commercial fishing interest
of Dade County have become such that basically most of your fishing is left. We
are commercial bait shrimper, and we are dealing in what constitutes a public service.
We do not supply all of Dade County. We are in a portion, so we are not asking you
to take on the whole burden. There are other fishing operations doing the same thing,
and probably what we constitute here is maybe a percentage. which would be 30 or
40 percent, of the entire bait industry. We are not saying to you, you are taking
on the burden of Dad? County. You are taking on a portion of Dade County which
would be equitable to Miami. Inasmuch as we are dealing in a public service, which
cannot be duplicated, meaning to say we cannot import our product. We are servicing
the sport -fishing, pleasure -fishing, industry. Inasmuch as we are dealing in a
service that is not exported but is a local necessary service vital to the interest
of the dedication of Miami and Dade County which basically a tourist industry, we
feel you are taxing us, and all we are going to do, is wind up having to press the
public to pay more for a product which they need, which they continue to pur-
chase. We have been placed in a position through laws, over a period of time; our
product we can no longer subsidize it from other channels. We are restricted to
catching exclusively shrimp only. If we catch anything elselby law, we are penalized.
Mrs. Gordon: Are you non-profit? You said public service.
Mr. Taylor: Not at all are we non-profit. I eat just like you do.
Mrs. Gordon: Then you are a profit organization, naturally. I equate your
business as any other business and that you and I or any other business person,
has an overhead and we have to pay the going overhead rate. And with no ill feeling
to you, I just simplyas a matter of good sound business practice, I know of no
commercial enterprise that hasn't had rent increases, storekeepers and others. I
don't know your name, sir.
Mr. Taylor: Joe Taylor, I should have introduced myself.
Mrs. Gordon: I am not addressing myself to you or to the other people in your
business, but to other businesses, they are all paying more money to be located
wherever they happen to be. You should therefore have --I would like to move every-
thing but commercial rates and I would have to stop to reanalyze that for 4 larger
sum. I think that in proportion to the rest of it, it is inequitable. You get
together with them on that.
Mr, Taylor: My point is this, the bottom line. We are not opposed to paying
our way. We are opposed to an increase above the rest of the marina.
Mrs, Gordon: My personal opinion, you have been paying under the rest of
the marina right along, and there has to be some equalization,
Mr, Taylor; That is not the case Mrs, Gordon,
Mrs, Gordon; Maybe T am wrong, but that is the way I feel,
Mr, Taylor; We pay according to what has been stipulated by MR. Jennings,
We are paYing that rate and have been,We are paying the acme rate 46 the rest of
thP Marina,
1 13 Fie 01977
Mrs. Gordon: Comparable to other :Marinas that trot to commercial
enterprises) Mr. Jenni n(. s4 are the rates we arcs charging comparable?
Mr, Jennings: First)let me say I don't believe there's any other marinas,
no tethers that 1. know of, thataccommodate shrimp fishing vessels. Maybe Joe knows
of some but I don't. I want to be sure you haven't misunderstood what the adthinistration
has said with regard to the commercial vessels.
Mayor Ferret Te1.1 us quickly.
Mr. Jennings: We are actually going up on the commercial vessels rental
about 189%.
Mrs. Gordon: How much is it in dollars. Don't give me precentages.
Mr. Jennings: In dollars they are going from $20.00 to $57.75 per month,
and that is 5% higher than a non-commercial boat owner will pay for the same size
slip. In other words, commercials are going to pay 5% more than, ---
Mrs. Gordon: Now many are affected in the commercial category.?
Mr. Jennings; There are about 35 bait shrimp vessels, Joe correct me if
I am wrong.
Mr. Taylor: That is in the entire Dade County, there are only about some
40 bait vessels. We have here in Coconut Grove 10 to 12.
Mrs. Gordon: I move the portion eliminating the commercial vessels portion
and refer that to the administration to come back to us with a reanalysis of the
commerc_i:,: rate,
Mayor Ferre: I'll ask one last time, is there a second to Mrs. Gordon's
motion?
All right Mr. Grassie.
Mr. Grassie: Would you like me to comment? I think the comment I made
earlier is that we have two choices. One, if you want to do something today and
certainly we do encourage you,that the City do something, --that you do two. things.
One, adopt the ordinance as has been presented to you, and two that you make a
determination whether you want us to go out for lease proposals within some
certain period of time.
The other alternative is that you give us a guideline as to what fee, what
per cents fee you want us to put in the ordinance and we can do that almost
immediately.
Mayor Ferre: I would like to express my opinion at this time. I think
we have got 4 choices. One, like we have done in the past, we do nothing. Two,
we arbitrarily, and unilaterially increase this to a higher figure, --it would
satisfy. Three, that we accept this recommendation as is, and put a proviso, that
it be reconsidered, restudied, and brought up in 3 or 6 months so we don't lose
any more time. Four, that we pass it, and request that the private sector come
in and make offers for just taking the whole thing over and then you deal with
Ole private sector. Those are the 4 choicesthat I see we have before us. I certainly
am not for doing nothing. Not anymore. As far as I am concerned, and I not for
choice No.3 either. 1 would accept either NO. 2 or NO.4, and that is, -----
Mr. Plummer: How about 2 and 4?
Mayor Ferre; Fine. I will tell you J.L., I think that what we have now is
a hardly fought and negotiated thing which doesn't satisfy any of us. In my opinion
it doesn't,except Mrs, Gordon. In my opinion I think the administration kind of
missed the boat on what the intention of this commission was, But we have gotten
this far andlas far as I am concerned, it is a step in the right direction, T would
move for it to be adopter) as recommended, in its totality to we don't get into thc!se
arguments as to 1Q commercialboasret,s just accept it, Either we have an increase
again or you come back with something we can live with and go through this whole,
pr-oce$s all over again i" c or 6 months, or put it out to the private sector to
run,
Mrs, Gordon; I would hate to see us going through this for as many years
as we have, Mr, Mayor and then put over the heads of these people, ,the thought
1:1
•
that in 5 of 6 rnoiitlis we are;•Aoigi to do it again► I don't think that is fair,
If we ate going to do it, let't do it now,
Mayor Petret Mrs, Gordon you didn't get a second which means that 4 people
on this cotmnission doti't agtee with your thotioti.
Mrs. Gordon: That is usually the way it goes, You take the notion Gild I will
second it. At least you wilt get sdtliethitig on the table.
Mayor Ferre No, firs, Gordon 'I am riot goittg to work that way.
Mrs, Gordon: Pardon tree?
Mayor t:erre; There is a gentleman right here, would you address the commission,
I: know you have a problem and perhaps you might want forgot you name.
Frank? ----- Mr, Albert You are being increased 300%, is that correct?
(unidentified person)_ that was the figure ,y---- probably around 280%
Mrs. Gordon: Why?
(unidentified person): ---because the rates that we were paying, cheaper rates
than anybody else.
Mrs. Gordon: Why? Would you mind telling me?
Unidentified person: I think I can tell you. There are two of us that have
20 of the slips on the south bulkhead, near the rental sailboat slips. If we could
make a living with one slip, ---
Mrs. Gordon You are commercial?
Alan Bliss :---we are commercial, with the sailboat rentals. This
is the first time we have been allowed to speak really, including the 4 meetings
that we both attended, that were done in Mr. Grimm's office, mainly because Mr.
Grimm said we had to be tied to the marina, and we had to charged an arbitrary
20% over that. The south bulkhead is not the same type of dockage there is on the
rest of the marina. I have a letter from the dockmaster, 'to whom it may concern,
on Feb. 4, 1977, at 3:45 P.M. Mr. Clifford Buckles assistant dockmaster for the
Dinner Key Marina checked with Alan Bliss of Biscayne Sailboats and found that 9
out of 10 boats are fastground at low tide. this is a long wall, we haven't
had water, we have to put boats there to climb across the boats to get out to the
boats we can rent out. We have no electricity, to speak of, ----we don't want electricity.
We have 10 slips, we are being charged electrical bills at the same time there is no
wiring on our boats.
Mayor Ferre:__I will tell you whyI am concerned about this, because this serves
n public purpose. There are people who cannot afford a 30 or 40 ft boat, who go out
and rent these sailboats, and go out for a day. That is the type of activity that
we ought to be encouraging, so more people will become boaters. If we increase this
man 300%,---I feel very differently, I am sorry, about a 50 ft. yacht as I do about
a small sail boat, I think this is the kind of thing that we ought to be helping to
participate, because that is a public purpose, in the say way that a golf course is
a public purpose, in the same way that a tennis court or a baseball field is a public
service. I am sorry, I don't feel that way about a 50 ft, yacht..
(Unidentified person).These are our homes. We have sold our homes, we have
retired to live this way, ------these are our homes, they are not yachts.
Unidentified person: If we get a rate increase, and is of that magnitude,
naturally any businessman has to put his rate increase on top. People that can't
afford to buy their own boats because there is no docks for them, or can't afford
to buy a boat period, won't be able to sail with us, and yet we can't raise our
rates that much, because we would just lose the people, We have made less income
1 am sure, (I have anyway) in the last 3 years, My income has been dropping each
Year because there are less people that have the money to spend, .Qur rates haven't
gone up either,
Mayor Ferre; Mr, Jennings, let me ask you a question, What is the average
increase, when you take everything together, what is the average? Is it INA.A lucrease?
80%?
Pia I01977
Mr, Jennings: Probably close to 80%, I haven't made that calculation,
Mayor Ferre: I would recommend that these people be increased whatever the
average is, That is my feeling ott it and I have expressed the teason why 1
feel that way.
Rev. Gibson: Mr. Mayor I would hope that since the only two people involved
in it, where people go out and try to get in a boat, and rent a sail
1. know whet that is .like, I came up in that kind of environment, and I would
hope that we would, all of us, would not want to discourage those people and put
them out of business and since it has been recommended that we pass this ordinance
the way it is, and while you are not happy but _you are satisfied, yet you ought
to give those people an opportunity to survive. Mr Manager, how can we give them
an opportunity to survive and yet do what,
Mr. Grassie: We have one difficulty, Father, and I am going to have to get
somebody to help me with some of the figures, but keep in mind we have two kinds
of commercial users, We have been operating with a direction of the City Commission'
that they pay 20% more than the private individual. My staff's private estimation,
the revenues derived from commercial operations, indicate that the shrimpers are
being increased 188%. are in a much more difficult business financially than is
the case with the people who rent sailboats. Without getting into their books and
their economics, the fact appears to be that there is much more of a potential for
profit in that sailboat rental operation than there is for the shrimper. If we are
talking; about raising the shrimpers,188%, and the sailboat people 80%, I think you
have an equity problem. I just suggest it to you.
Mrs. Gordon: How do you pay,per boat?
Augur niiss 1: We pay by slip. As I say if we could make a living
wi th one slip, these could be , to be met,we have to have 10 slips. Not for the
week drys, we don't put many boats out, but for Saturday and Sunday, the people
that work all week, do come down.
Mrs. Gordon:Yocr rent 10 slips in other words.
Alan Bliss
: That is what makes it so hard on us.
Rev. Gibson: Mr. Manager, I don't want to be guilty of not paying attention
to professional advice, but when 1 hear this man talk, if he doesn't have at
least 10 slips, he says he can't live. Since there was as 80% quoted, why not,
can it be arranged that these, just the only 2 people, can't you give them the
80, increase and the other people say they could live with it, and maybe we will
get the best of two worlds. Is that possible.
Mr. Grassie: Yes, sir. We could do anything that you feel is fair. I have
to tell you because 1 think you deserve to have all the information that we have.
1 have to tell you, and I hesitate, because I don't really want to get into somebody's
personal finances, but staff did ask for some justification for the hardship question
in the case of these two businesses, and without getting into their personal business,
1 have to tell you , that it ,imply was not there. The figures we have from them
do not indicate there is hardship.
Allan ..iiss May 1 answer that? Mr. Grimm told me, here they are,
and l have been carrying them to each one of the meetings. Mr. Grimm told me,
Alan, it doesn't matter. You are tied to what people on the docks have, and you
are tied to the 20%. Here it is, I will be glad to let you see it,
Mayor Ferre: It is almost 10 minutes after 8, 1 don't know about you, but
1 didn't have breakfast, 1 had a small sandwich for lunch, we have been here all
day.
Mrs. Gordon: That is good. 1 am glad you are tired. Maybe the impact will hit
the manager, and then you won't get scheduled this way again, 1 am not tired. I took
in extra dose of vitamins,
Mr, Grimm; Mr, Mayor 1 think that deserves an ,answer,lf Mr, Bliss offered
me his financial statement before tonight, 1 must have been oblivious to it, The
only person ttaat: .diad was Mr, Albritton,
Mr. Bliss; 1 didn't say 1 did., I said when l told you 1 had it,
WWWWW
MM
ME
Mayor Vette: Let's bting this to a head. As far as I AM concerned,
my teconmendation is, and t take it for what it is worth, ohe, that We accept
the proposal as is, with the exception of these sailboats, and they should pay
80% increase, Evetybody else goes the satte, and that is it, and as fat as t at
coficethed, nobody is going to be happy with it, but that is what we can do, and
after that, in six months we ask for public bids, and we have a public hearing
and put this out for the private sector to bid on, and if they cone in with good
figures and it works out fine, that is their problem.
Unidentified person: If you will look at these numbers, you will see that
we are only arguing about 3 thousand dollars. This was presented at 458 thousand
we have agreed, that you should collect 455 thousand from. I don't see the city
is compromising.
REv. Gibson: Let me say to you, I hope 1 am your friend. I suggest that
you accept what the Mayor just said. You know why, (maybe I shouldn't tell you the
secret), I would take what he said.
Mr. Plummer: Do I. understand you Mr. Mayor to say that what you are proposing
in a motion, is that we accept
(inaudible):
Mr. Plummer: ---what you would find acceptable Mr. Mayor is the rate increase
as proposed by staff with a proviso that within 6 months that it go out to public
bid for the possibility of the city putting it out on concession. Is that what
you are saying?
I second the motion.
Rev. Gibson: --with the provision of those two men.
Mr. Plummer: Those two excluded.
Unidentified person: You have placed a hatchet over our heads, this is something
----it is our lifestyle. When you say that in 6 months you are going to put it out
for bids,
Mayor Ferre:----before that.
Unidentifed person: ---before that, ---you are placing an ax over our heads,
we don't know what is going to happen. We have negotiated and bargained in good
faith, honestly to try to resolve this. We have protected the 9 issues that came
up and were requested. Now you are saying, okay, you bargained in good faith, the
deal is off in 6 months. That is unreasonable. What have we been doing for 2 years?
Mayor Ferre: We have been stalling for two years. That is what we have been
doing.
Mr. Dickson : We have reached an agreement and now you are saying
in 6 months,
Mayor Ferre: It all depends how you look upon this. I just don't look upon
this as serving the best interest of the people of the City of Miami, and in my
opinion we have to get these rates up to a reasonable amount. We are obviously unable
to do that. WE are going to put it out to the private sector and let the private
sector do it.
Mr, Dickson Let me ask you, who do you think are going to pay
those higher rates? The City of Miami residents. So you are doing them a favor?
l would like to see the explanation of it.
Mayor Ferre: Everybody has his opinion on it,
Mrs, Gordon: May I ask a question Mr, Manager? Can I ask a question that
might be helpful to all of us? Mr, Mayor you made an announcement before that we
were going to be the recipient of some money for the Dinner Key area, is it :possib
that we may be able to do some dock renovation with some of that money?
Mr, Crassie; It is within the discretion of the City Commission,
Mayor Ferre; Walt a minute, Mr, Crasssie, we are talking about now! Fubtic Works
1:17
•
emergency funds. That is what she is a eking. Let's get this straight. The
Department of CoMmerce has verbally .npprcvecl4 -
Mt. (;taesie : Oh,nci.
Mayor Terre: -=an expenditure of 3 million dollars for the reeovatlon of
Dinner Key Auditorium. That money cannot be used for any other purpose other° than
that which was petitioned and approved by the bepartmeet of Cof'nmetee.
Mr. Grassier I am assuming that was understood + I thought what you was referring
eo was a the two and one-half million dollars which are how, freed up. Is that
what you are talking about?
Mrs. Gordon: No, sir, I was talking about the $3,700,000. if any of that money
could be used, and if not, ---
Mr. t,ra,sic: The Mayor is entirely right on that issue.
Mrs. Gordon: That is okay. I asked the question, of information. I made no
statement of fact. Is there an opportunity that you see to improve these docks
from any other area of funding you may have? Initially I think the outlay has to
be more to bring it up to standard.
Mr. Grassier To answer your question, it would simply be a matter of deciding
not to do something else for which you have provided money and provided for this.
Mrs. Gordon: Mr. Mayor 1 move you the adoption of this.
Mayor Ferre: '[here was a motion on the floor.
Mrs. cordon: What is your motion?
Mayor Ferro: My motion was that the recommendation of the Manager be accepted
as recommended, with the exception of the sailboat rentals and that be changed to
reflect an increase of 80%, ;.and be put into effect immediately.
NO. 2 that the City administration be advised to advertise for public bids
to be taken in no more than 6 months away from today at which time we will then
after receiving the bids have a public hearing to decide whether or not the City
of Miami isbetter served by putting this out for the private sector to operate.
1 am not saying we will. 1 am saying we will take the bids and make that decision
at that time.
Mrs. Gordon: Would you make two motion instead of one?
Mayor Ferre: It is important that they be together.
Mrs. Gordon: They are actually
not
the same. You could divide
them.
Mayor Ferre: To me I think it is important.'I would only go along with
on that basis.`1 said I would accept 2 or 4.
Mr. Plummer: Point of clarification as it relates in most of the discussion,
I have not heard any discussion here this evening in reference to Miamarina nor
have I heard any discussion In reference to Watson Park. Or the Dinner Key Annex,
l don't know if it is represented in any way shape or form,
Mr. Mayor for point of clarification, since I second your motion, are you
referring to all of the marina facilities?
Mayor Ferre: The intent of my motion is,this speaks allin the City of Miami?
Mr. .Jennings: Yes, sir, it does, The formula does not, The increase does.
The rate increases apply,
Mayor Ferre: Does the resolution you have projected Here speak in every hunt
that the City of Miami has?
of
Mr, Jennies: Yes, it does,
Mayor Ferre: That is exactly what I am talking about, i am saying the City
Miami ought to consider getting out of the boatsi.ip business.
Mr, Plummer; I don't have a copy of the ordinance, Just refresh my memory.
118 F8,01977
Miamatina as I recall, is 8 and 13 cents a day, t that correct? I am not so
fat off on that figure: If that was the case here; I Mould vote fot it ih a
minute. But that is not the case,
Let to look at this way Mr► Jet titigs. 1'uttit g it out and asking for publii
proposal doesn't necessarily :Wean that this commission is going to do it, but it
really means, they are going to evaluate all possibilities, Okay, Based upon that,
l have no objections to facilities going out.
Rev, Gibson: I am presiding, so yoti have one minute,
Unidentifiedt Am I recognized?
Rev. Gibson: T am recognizing you.
Unidentified person: I will only take a minute. A very wise old man said to
me one time, It is far better usually to do things right than to do them right away.
WE have heard a lot of opinions expressed, It is quite clear that no one is clear
in their own minds about where we are headed. There is only one real question beet
asked tonight and it was asked by Father Gibson. It was his first question. He said,
has adequate allowance been given in time to the people who will be affected. The
answer is clearly no. You, sir, have not had adequate time to read this proposal
before you. It was printed yesterday. Nor have the marina tenants.
Mayor Terre:Don't tell me you want to put it off again.
Unidentified person: Please don't interrupt me sir. L have been listening to
you all evening. Nor have the marina tenants, they have not read this document. They
do not know, nor sir do you. And I propose to you, that we settle down and consider
what has been written before arriving an unalterable conclusion. St is as simple
as that.
Mr. Plummer: This will be a second reading. We are accepting that as proposed
in the frist reading with the exception of the sailboats and reducing it to a 6 months
term. I was not answering your proposal. It was a question asked up here, was it a
first reading or a second. The answer is, this is a second reading because the only
thing we are doing is accepting the first reading as such, but we are then reducingit
to a 6 months time basis.
Rev. Gibson: Proceed sir.
Unidentified: Mr. Mayor the proposals entered has taken two and one—half
years to come together. The proposal is there. The average, that you have heard
of 80% may he the general overall. average. The average for my boat, my slip, --
my boat which is smaller than my slip, on Pier 1, the increase will be 250% for
me. That is all I want to say. You cannot take averages. If you listen to Tom
Dixon, who spent two and one-half years, he has all the facts and figures, and
they come down to the formula which requested.
Mr. Plummer: }}ere is the point that somewhere is being overlooked in my
mind, l am not disputing that in fact your rate is going up 250% but the
question in my mind is 250% sufficient for. 18 years of sins that this commission
committed by not doing it on an annual basis. Figures don't lie.
Unidentified person: Mr. Dixon has the figures. If you will listen to him
he will explain them.
Mr. Plummer: Sir, can you tell me how much money was put up for the
purposes of amortizing the capital improvements that are there that you are enjoing?
Unidentified person: I don't know the figures, There is the man who does,
Ike Ikonis- *+y name is Ike Ikonis I am an engineer, I am
a CPA, and I have been a part of the group that has put together as part of the
tenants group, the proposed ordinance, I would like to have some rationality return
to the Chambers, but I would like to answer your question first, The return on
Capital improvements that was originally presented by the City, as you can see
by the part D, which was $24,640, When you talk about figures don't .li.e, that lia -s
figure, The number of $9720,was arrived at by merely looking at the numbers that
the city presented, With no malice and no maliciousness on the part of the city,
the numbers was simply wrong, The numbers are wrong on the basis, that over 60Z
of the entire fixed asset schedule was detelthiined to he totally incorrect, This
was verified by Mr. Gunderson, and all the people involved. Ott that basis they
reduced that thetber, We did hot wish to come to the City Cotitmissioh tonight to
discuss with you, the whys and wherefores of that either to embarrass any individual
but to come to a consensus of agreement, that the number's presented in that first
reading, were wrong, totally incorrect by over a fact of 60% in that one figure alone,
Mr. Plummer: t don't dispute your word at all, But you haven't answered my
question.
Unidentified person: Which is what sir?
Mr. Plummer: It costs money for this city to originally build those facil
there that you presently are enjoying, Correct?
Unidentified persona Correct.
Mr. Plummer: There has been no return on that debt service,
Unidentified person: 1 am sorry, sir, you are incorrect.
Mr. Plummer: All right sir, tell me where l am.
Unidentified person: The $9720.00 represents an allocated portion of the
remaining amount of fixed assets on your books.
Mr, Plummer: The remaining assets?
Unidentified person: the remaining fixed assets that were capitalized
over a 25 to 30 year period. That $9720.00 represents the 1977 costs on that
capit;alized improvement. We have included at a more accurate number. than City
had originally, by looking at their numbers. This was after verification with
the director of finance and the people that put the numbers together.
Mr. Plummer: 1 accept your 'figures.
Unidentified person: Let me perhaps return to my original premise of
stepping up here. When we 'sat down with the City officials to work this over,
the very first question that was asked by the tenants group, was what are the rules.
What are the guidelines and what we used was a number that 1 believe is on chart
No 1,
Mr. Plummer: have you got Chart No. 1 there?
Unidentified person: 1 would like to call your attention to what the
City Commission had already said to their administration, and what both the
administration and the tenants were guided by in all of the negotiations, so
we would have a common basis of understanding what the commission wanted originally.
I would like to have the .items looked at briefly.
No. I, the use of a formula, to 79c a day. We crime up with a formula, the
numbers were slightly revised. We will go through that in a minute. The excess
revenue to be expended on the marinas; this was accomplished and is part of paragraph
A of the revised ordinance. No. 3, the transient dockage to be credited. This was
put in the ordinance. No. 4, commercial dockage rates to exceed non-commercial. While
tonight we had discussion on 80% and other factors. Both the tenants association
and the City administrationagree that they were tied, they are hog-tied by that
statement in NO. 4. Therefore what we wish to do, .as to minimize the devastating
effect of ,3 207 increase, What was dcme, in consonance with the city, and in agreement
with Mr. Grimm and his people, was to reduce it to increments of 5% each year to recluc'c'
the overall impact of total devastation to their profit and loss statement for the
year 1977,
No. 5 thet fund Dinner Key marina improvements by revenue bonds, This WON r�
hotly contested issue. Rather than paying the 150% penalty factor, for the use 01
the bonds, over a 15 year period, what the Tenant's Association suggested in fts
place, is a kitty, a reserve fund, Paid for by the tenants, more than what was
requested by the City, Instead of $105,000, one third of the first year's incremen
the Tenants Association suggested a $150,000, but all of it to go as a reserve for
improvements, which is more than the City asked for in the original ordinance.
120
FEB 101977
No, 74 to increase Miatar na rates, This stayed as it was before and We
did not discuss Miamatina,
No, 8, a discount given to non-cotnmercial tenants, I discussed this with
Mr,Knoc and also with Mt, Sheeie in Tallahassee. Mr Shevin in Tallahassee, through
his representatives indicate that there tight be an unconstitutionality, I conferred
with 1r, Knox, and the answer was that Mr, Grimm wound provide the ecehoeic
justification , but we have found, is that the number is not really 20% but the
double taxation to the City of Miami resident is approximately 5%, That was our
proposal, The city said that its number was 33' and in the Interest of compromise,
and spirit of cooperation, which had with the city, and I cottimend theta for their
efforts, we left the number at 20% so we would not have fist fight concerning a
very small part of the ordinance.
No. 9, the closing of Watson Island had nothing to do With the discussion
tonight. It was completely separate, Therefore what we did, was take the formula
and allocate among the A and D slips an equitable arrangement that was discussed
with the tenants last Tuesday night which they accepted, We have brought this to
a head in that the City and the tenants association have finally agreed and the
final premise that was used was the following. The second question that was asked
that morning, that first morning was, is to be a profit -making enterprise or is it
to he selfsupporting? Mr. Grimm said the commission desires it to be selfsupporting
and that is what we will go on, On that basis the total cost, direct and indirect,
were tied together with all of those items and were put together in a package which
you seen in front of you. It represents not only the best interest of each group,
but protects both the city and the tenant so that we can come to a useful and positive
understanding of what we should be paying. Not only that, but it the year 1978, following
the same formula that we are applying now, the rates would be increased accordingly.
On that rational basis, after taking into account, every understanding that we had,
what the commission wanted, we respectfully request that you pass the ordinance as
you see it in front of you.
Thank you.
Mayor Ferre: You
should have spoken first.
Rev. Gibson: 1 am going to turn out to be a prophet. I urge you all to
accept this as, the motion that was made. I have hunch that I will tell you after
the meeting. -I am like the Mayor, maybe you should have spoken earlier.
Mrs. Gordon: Why change the motion, if it is not the way it should be,
be amended to be correct?
Rev. Gibson: Rose, you are ahead of the game.
Mrs, Gordon: I am ahead? I think you put a hatched over everybody's head.
REv. Gibson: One minutes please.
Mary Smith: My name is Mary Smith, and I live aboard a boat here.1 heard a
lot of talk about the money. In fact, too much. I heard nothing about the improvements,
and I refer to motion NO, 76-234 at the meeting of the commission when they said,
and it was proposed by you, and seconded by Mr. Plummer, and I quote;'the rate increases
to become effective only after present existing and adequacies have been corrected.'
I don't know if you have looked around, but I have looked around, and as far
as the maintenance goes, I don't see any improvement, I see deteriorations, since they
moved the maintenance department to N,W, 20th Street. The showers, I the lady in the
showers wears a nice new uniform while she cleans the showers, but the showers remain
the same. Most important of all I see the electricity, We have new electrical meters
but the same old rotten, inadequate voltage, When I discussed the problem of cooking
my dinner, with the people in the dock office, I am told to serve coldeuts, or iced
tea instead of coffee, l can laugh with the best guy, but that is not right, If you
are going to pass this ordinance, I think somewhere should be reflected, Your com-
mitment to improvements, you voted on it, and you promised and you are just going
back on the promi.se. So what are you going to do about making sure, about improvements,
REv, Gibso ; Call the roll.,
Mr, Knox Mr, Vice -Mayor, 1 am presuming the commission is now voting on
the motion and not for the adoption of the ordinance, Jr as much as i.t has not
been read,
Rev, Gibson; Then read the ordinance, and Mt, Mayor
ill be
FEB
here to vote. Go fight oh, read the ordinance.
Mr. Knoxt 'An ordinance repealing Sec. 5046 A,5O-39A,
50-62 Ss50=93A, and 50-94A, of the Code of the City of Miami Piotida as
amended: further amending Ch 50 of said code by adding sections 50m71
through 50-80 therein, providing for dockage fees at city Marinas and for
rules and regulations as to the use of utilities; providing an effective date,
repealing all ordinances, code sections or parts thereof in conflict, insofar
as they are in conflict: and providing a sevetabiiity provision,'
Mrs. Gordon: That is the ordinance. That isn't what the Mayor was talking,
about so therefore you are saying that you have to rewrite that ordinance, or
you have to divide it and pass the ordinance, and then a motion, Is that correct?
Mr. Knox: That is correct.
Mrs. Gordon: That is what I said before.0kay. I am glad somebody agrees with
me.
Mr. Knox: You don't want the substance of the motion I don't think to be
made a part of the ordinance.
Rev. Gibson: What do we do? We proceed to vote don't we?
Mr. Knox: We are voting on the adoption of the ordinance. Then a motion
would be appropriate for the 6 month provision and consideration of letting
it out for bid.
Mrs. Gordon: It has to be divided.
Mayor Ferre: 1 made a motion, and it was a motion of intent. It was not
an ordinance. If that motion of intent passes, then I would pose the ordinance
and vote upon it. I made a motion and Plummer seconded. I am not withdrawing my
motion. If Plummer wants to withdraw his second,,
------
Mr. Knox: Then we are not moving the adoption of the ordinance at this time.
Rev. Gibson Ca11 the roll. T have no problem
The following motion was introduced, by Mayor Ferre, who moved its
adoption:
MOTION NO. 77-123
A MOTION OF INTENT TO ACCEPT THE RECOMMENDATION OF THE
ADMINISTRATION FOR DOCKAGE FEES AT CITY MARINAS AS PRESENTED
THIS DATE AND AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ADVERTISE, WITHIN A PERIOD OF SIX MONTHS, TO RECEIVE
PROPOSALS FOR CONCESSION RIGHTS FOR CITY -OWNED MARINA
FACILITIES
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote;
AYES: Mayor Ferre, Mr. Plummer, Mr. Reboso, Vice -Mayor Gibson.
NOES: Mrs, Gordon,
ABSENT: None,
Mayor Ferre: I move you sir, that the motion, --the ordinance as presented,
with the one exception that is changed, be adopted.
Unidentified person; Mr,Mayor I don't wish to cause any problem in your
proceedings, however, from a layman's point of view, try to understand what you
are doing, By revising what we have talked about in the proposed ordinance, you
will totally scuttle the numbers, the approach that was used,-.-.
Mayor Ferre: We are not talking about these two people who are commercial,
Unidentified person; Here is what happens Mr, Mayor, The total of $4554000,
has to be made up somewhere, They are based on the slip footage, and etc, and
once you Have one group, have their numbers to lower, it means that all the
nutnbets now ate weed out and and we start over again sit,
t am sotry to bring that to your attention, but we will just have to state
all over again, because the ordinatce numbers thettselves will have very little
meaning. The six snot the nature of the ordinance would ttteai that the $150,000,
reserve which the teiants themselves feel as appropriate, you would be :saying
you don't care. And you would be saying that the $150,000, will not be spent
on improvements therefore the money they would be putting into the kitty, would
not enure to their benefit as stated in the ordinance,
Mr. Plummer: Yes, sir, I understand it. As I understand it would only derive
$75,000, since it is for a 6 month period.
Unidentified person: What would you use that for Mr. Plummer?
Mr, Plummer: In my estimation, whatever improvements that are top priority
on the docks.
Unidentified persona This particular point Mr. Grimm had indicated to us
at the meetings and I don't wish to speak for him, but he indicated that the
activiites of the city do not roll very fast and that would be by the summer
or fall of this year even before something could be, done on the initial contract
being let out for bids. Therefore we could assume that sometime in early 1978
the first improvements would then commence. On a 6 months basis, it means we are
dealing in bad faith here, that the $150,000. reserve would not come to pass, the
money would go into the city coffers and you are asking the people to accept that.
That is unfair, very unfair.
Mr. Grassie: Mr. Vice -Mayor, just as a point of information. The statement
as ,understand it is technically correct. You also need to know that the practical
impact in terms of the effect on everybody's rate is quickly estimated to be about
17, the difference it would make to their rates. The fact that two sailboat commercial
operations would be raised 80% instead of 280%. The impact an the boatowners rate
would be about 1%.
Mayor Ferre: I move this ordinance be passed, as presented with the exception
of the sailboat rentals, should be increased, ---you want to make it 100%, rather
than 80% and that way the impact will be a little bit less. Do you accept that
as a second?
Mr. Plummer: Mr. Mayor I would prefer to do it another way. I rather sent it
back to the administration to recalculate as it relates to the sailboat.
Mr. Grassie: You understand what I am saying, that doing what you are proposing
will mean that a person who is now suupose to pay $50.00 will be paying $50.50.That
is the practical impact.
Unidentified person: In the interest of fairness and in the interest of taking
to ;account the problems of the sailboat owners, I would like to suggest the possibility
thattheypay the same rate as the non-liveaboards, so that no one is paying a
higher share, but everyone pays his fair share.
Mayor Ferre: Tell me that again,
Unidentified person; ----that the commercial vessels pay the same rate, as
a f3 slip and non-liveaboard, 40 ft. slip,
Mayor Ferre: How much would that be?
Unidentified person; That would be $55,00,
Mayor Herre;What kind of increase would that be?
Unidentified person: Over the $20.00?
Mayor Ferre It is 20 to 55, is that what it is?
Unidentified person:That would be 35% increase of i70%,
Mayor Ferre; That is back to where they are now?
Unidentified person. night noW there ate certian inequities based
on many, many reasons, going over Many, many years, tut in order to bring
once again a semblance of credibility and order and fairness to proceedings.
Mayor Ferret These people render a public service, in my opinion that many
people can use, and that is to go out and rent a sailboat, t do tot think they
ate in the same category, and I am sorry. I respectfully tell the cottercial
fishermen I don't see they are in the eatne category, 1 don't think you are serving
a public purpose like these sailboat recitals are. I don't think you are in the
same category as people who have boats there, whether they liveaboard, or have
homes there, ot yachts or pleasure craft or whatever you want to call them,There
fore what I am saying is, that I do not think they should pay $55.00 per slip.
There is no electricity there, What I am saying is, it serves a public purpose.
The commission can do what it wants, I move you Mr. Chairman, that the ordinance
be adopted as presented, with the one single exception, that the sailboat rentals
be increased 100% rather than 185%.
Mr., Plummer: For a 6 month period, I have no objection.
Mayor Terre: The motion I made, the first motion, which you seconded, which
passed already covers that, therefore the ordinance is just passed. I am making
a motion that the ordinance is adopted as recommended with that one exception.
Period.
Mr. Plummer: I second it.
Mrs. Gordon: I raise a question of legality to you Mr. Knox. Since we are
amending this in the fashion we are, we are making a rather drastic change, and
1 don't believe that we within our right to change this without redrafting the
ordinance.
Mr. Knox: I would have to ask Mr. Jennings whether or not, the expression
of opinion by the Mayor can be accomplished through the use of formulas, that
appear in the document itself.
Mayor Ferre: Where, specifically Mr. Jennings are the sailboat operators
addressed in this draft? In the ordinance?
Mr. Jennings: Paragraph c, page 8.
Unidentified person: Mr. Mayor, may I suggest that one of the directions of
the city commission was that they would pay a 20% more than the liveaboard rate.
We brought it down to par with anybody else. We spent a month working on this thing.
Pass it as presented.
Mayor Ferre: Mrs. Gordon is technically right. I understand the tactics of it.
1 am going to amend my motion to pass it as presented,
Mrs. Gordon: I second your motion.
Mayor Ferret You don't have to do that Mrs, Gordon. It has already been seconded,
Mrs. Gordon; Then I'll third it.
Mayor Ferre: I want you to know as soon as that passes I am going to make
another notion that we instruct the City Attorney to bring before this city commission
at the next meeting the amended ordinance, so your two operations would be covered.
Okay. Instead of going to 185%, we are going to 100%, because this commission is
going; to serve the people of Miami.
Mr. Plummer; Let me ask a question,
Mayor- Ferre; Technically you have to do it that way J,L.
Mr. Plummer; Fine, but I -want to get a legal opinion, Mr, Knox, is there
anything to prevent this commission from this evening, having you draft before we
leave here, an ordinance which we can pass this evening first reading,
Mayor Ferre; 1t would be on second reading.
Mr, knoA; The question WOuld then ;become whether or not the additional
19
FEB 101977
language to this ordinance wound be a substantial change frOM the one that was
read at the previous meeting oh fitst readings If this change is Material, then
we would have to treat it as a first reading,
Mayor Ferre:bon't take a chance on it.
Mr. Plufter:There is nothing to prevent you drafting an ordinance incorporating
that which Was made it a motion and putting it out this evening for lst reading,
Is there anything to prevent that?
Mayor Ferre: Commissioner Plummer, we are in second reading now. 1 would
prefer to pass it in second reading and get it over with, then come back with
an amendment which we would have to pass on 1st and 2nd readings, specifically
to them. They may get stuck for a month or two, then after that it will
Mr. Plummer: What about the motion of intent?
Unidentified person: You might be stuck with an injunction too.
Mayor Ferret Yes, we might be stopped by an injunction, Admiral. You are
right. You always have that right, to go back and try to get back to one -'and -half
cent per ft, and all that kind of stuff.
Mr. Plummer: What happens to the motion of intent? That is what I
Mayor Ferret After this motion would pass, we would accept it as
been presented, on second reading. Then it is donea would then offer
to instruct the City Attorney to come back at the next meeting with a
change that I am talking about.
Mr. Plummer: That is in reference to the sail. boats. What about the 6
period and the private concessions?
am asking.
it has
a motion
specific
month
Mayor Ferre: That is already covered I think by the motion of intent that
was already passed, where as ve said that this was going to be brought,
I move this as presented, and it is seconded by Plummer.
Mrs. Gordon: ON the discussion, I would like to ask you to delay the implementation
of this increase until all the other factors have been completed. In other words, if
you are going to do some changing, don't implement this until you implement the
whole thing.
Mayor Ferre: Mrs. Gordon, we are not going to stall any more. not one day.
This thing has been going on and on,-----
Unidentified person: ---excuse us please, we tried to keep the personalities
from this, and lets have the issues. The Commission in July set those seven items up.
Both the administration and the tenants association complied, item for item with those.
You are changing your minds. Your Honor, that is not fair.
Mayor Ferre: In my opinion, these sailboats serve an important public purpose.
The public purpose that is being served is that it make the water avaiable to thousands
of people, not hundreds of boat owners, but thousands of citizens. I think that is an
important public purpose. I have no objections to giving them that relief and not putting
the burden on you, I will go along with that, that this matter be strictly a reduction
on their, ----without putting the burden on you, If the City wishes to do that, why
do you want to burden them?
Unidentified person: Your Honor, I am not attempting to burden the sailboat
owners. As a matter of fact through the meeting we have had, we have become very
friendly and this has nothing to do
Mayor Ferre; Why would you object,then?
Unidentified person, The objection sir, is that the numbers as they are presented,
would then he incorrect, Then we have to go back through and re -sequence the numbers,
Mayor Ferre; I have just told you it would not change the impact,
unidentified person; What do we do about $455,QPO, Who will pay that total?
FEB 10197?
Mayor Ferre: tt will be reduced by the amount of the reduction that these
people will have to pay.
Unidentified person: May I request your honor, in doing that, that we take
that from the charges such as the depreciation which the City is charging us.
And take that frott that, and also have the city pay the hurricane insurance at
$15,000.
Mayor Perre: You are unbelieveable. You are arguing about a fraction of a
percent now.
Unidentified person; Sir, 1 am sorry, t would rather that we review that.
The city numbers in the past have been proved to be incorrect. I reserve the right
if 1 may, as a layman, here speaking with you, to review the numbers of the city
as a professional. Therefore 1 don't think we can do that in the heat of the argument
this evening.
Mayor Perre: I stand on my position.
Mr. Plummer: Under discussion, I want to understand that this motion passes
so we will all understand at least I want to be correct. If this motion passes, what
we have in effect done here this evening, we have accepted the ordinance as is, for
second and final reading. We will be another motion reduce the sailboats to a rental
0 100% increase.
Mayor Ferre: Correct.
Mr. Plummer: Another motion, intent of this commission that this will within
6 months, the Manager will be bringing back to this commission, --
Mayor Ferre: It already passed.
Mr. Plummer: ----public proposals for possible concession rentals.
Mayor Ferre It already passed.
Mr, Plummer: I want to make sure that's the case and its understood.
Rev. Gibson: All right,
Mr. Plummer: The effective date is 30 days,
Unidentified person: Today is February 10, you are talking about March 10.
The documents are due and payable on the first of the month. Are we talking about
this being implemented for the month of March?
Gordon: April.
Mayor Ferre: It will be April. 1st. Read the ordinance.
Mr. Knox read the ordinance again.
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING SECTIONS 50-16A, 50-39A, 50-39.1A,
50-62A, 50-93A AND 50-94A OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; FURTHER AMENDING CHAPTER 50 OF SAID CODE
BY ADDING SECTIONS 50-71 THROUGH 50-80 THEREIN, PROVIDING FOR
DOCKAGE FEES AT CITY MARINAS AND FOR RULES AND REGULATIONS AS
TO THE USE OF UTILITIES; PROVIDING AN EFFECTIVE DATE; REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR
AS THEY ARE IN CONFLICT; AND PROVIDING A SEVERAEILITY PROVISION
Passed oil its first reading by title at the Meeting of Decefnber 16, 106was
taken up for its second and final reading by title and adoption.
On motion of Mayor Perre , seconded by Commissioner Plumhter , the Ordinance
was thereupon given its second and final reading by title and passed acid
adopted by the following voter
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummet, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore R. Gibson
Mayor Maurice A. Verve
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8614.
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.
Mrs. Gordon: Do we need a motion to the implementation date, so it will
be clearly understood,it will be April 1st,
Mr. Knox: No, ma'am the ordinance provides that the due date for the
due date of the rental shall be on the first day of the month following final
adoption. The ordinance does not become effective until 30 days after it has
been passed.
Mrs. Gordon: They won't have to pay until April 1st.
Mayor Ferre: 1 move you that, this commission instruct the City Attorney
to return at the next commission meeting which will be on February 23, with an
amendment to the ordiance that was just adopted on second reading, so that the
sailboat operators at Dinner Key, have an increase, not to exceed 100% of what
they pay today. And that the amount, or the difference between that, and the total
amount as expressed here be absorbed by a reduction rather than passed on to the
other boat tenants. Is that clear?
The following motion was introduced by Mayor Ferre who moved its
adoption:
MOTION NO. 77-124
A MOTION AUTHORIZING ANDINSTRUCTINGTHE CITY ATTORNEY TO PREPARE
AN ORDINANCEAMENDMENT TO ORDINANCE NO. 8614 PASSED AND ADOPTED ON
FEBRUARY 10, 1977 TO ADJUST THE DOCKAGE RATE INCREASE FOR THE
COMMERCIAL SAILBOAT OPERATIONS AT DINNER KEY TO REFLECT A 100%
INCREASE AND THAT ANY DIFFERENCES BE ABSORBED BY THE CITY AS A
REDUCTION IN LIEU OF SUCH DIFFERENCES BEING PASSED ON TO THE OTHER
TENANTS AT DINNER KEY MARINA
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote;
AYES; Commissioner Manolo Reboso
Commissioner J. i•. Plummer, Jr,
Commissioner Rose :Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A, Ferre
NOES; None,
Mr, Jennings The question I wanted to ask, was as I explained earlier
at the moment the sailboat rental people pay, -each concessionaire has 10 slips,
They pay n0.,00 for the first nne,...----
Mayor Ferre; Is that for both of them, or just one?
FEB10977
Mt. Jennings: They each have 10, That is 20, They pay at the moment
$20.00 for the first of those 10 and $15.00 pet slip fot the other 9. We would have
to do some atithMetic here to deride what 100Z amounts to.
Mayor Fette: You have the [nixed up. You say they each have 10,
Mt. Jennings: They each have 10. They each pay $20.00 for slip tN0.1 and $15.00
for the other 9.
Mayor Ferret You are paying $161.00 right now, and all it is, you are saying
instead of going, how much were you going up before? In the formula? flow much
will they be paying when they double this?
Mr. .Jennings: $310.00, plus tax.
Mayor Ferret They difference is they are going to pay $265.00 less than they
would have paid otherwise. It is .just that simple. All I am saying, is, big deal,
For the the $3,000. that you are not going to make the other boatowners pay the
$3,000, So the Admiral won't get an injuction against us..
Unidentified person: Mt. Mayor could I request that since you have only given
us 6 months effective rates, that you advertise and let us he aware of every action
that concerns us when you put this out for bids. It absolutely terrifies me that you
have become a landlord that says in 6 months you may have to leave. It frightens
as a representative of the people who live at Dinner Key.
Mayor Ferret Mr. Dixon let me tell you that nobody knows what is going
to happen. There may not be anybody intrested in coming in there. And if there
is, it will be under full public. ----we will have a public hearing on it, and will
be fully discussed and will be voted upon by the commission:
Unidentified person: Was it your intent the City make a profit at Dinner Key?
Is that the whole purpose behind putting out for bids?
Mayor Ferrer Yes.
Unidentified person: It is your intent that it become a public profit -making
property?
Mayor Ferre: So that we can use the profits for building more boat slips.
Unidentified person: For creating more slips.
Mayor Ferre: Absolutely.
Unidentified person: So if you can create more slips, without putting it out
on concession, that would satisfy your demands
Mayor Ferre: Yes, sir, it sure would.
Unidentified person Thank you sir.
Mayor Ferre: Let's take a 5-minute break,
RECESS: After a brief recess the Commission reconvened with all members present.
Mayor Ferre: We are back in session again,
Rev, Gibson: Mr. Mayor may I ask a question before we get back. It seems to
me, that since we heard on last item, what we did, is it impossible that as we
get that package together to send it out for bids, that some of those people who
are intimately involved, is it possible that they could talk with the administration
or be a part of getting the package together?
Mayor Ferre. Yes, absolutely. Mr, Grimm, Father was recommending that as
we develop this idea of maybe going out for public bids, that we work with the
users so that they are informed as to how we are thinking . For example, there is
a basic question here, who is going to set the rates? is the commission going to
maintain the rate setting policy or is this going to be done by the, then
what can prevent gouging for example. We certainly don't want tQ go Put to a 45o
per foot type of a thing, So obviously all these things have to be discussed and
12,
FEB 01977
determined as we go along.
Mr. Grimm: That would he up to you and the agreement you entered into,
Rev. Gibson: My thinking was, if those men have an opportunity to have
some input into the package, that you are going to bid on, since they ate in
the boat business. 1 think that even if you do something they would be much
happier knowing that they had some input.
Mrs. Gordon: Would you let me know what you are talking about?
Rev. Gibson: We said send it out for kids. Advertise. As we proceed to
advertise, I would think that before we advertise, those men would be called,
you would invite those men in, and a lot of things you may not put in there,
they may be abler to call to your ;.attention that need to be put in there.
Mr. Grimm: We would be more than happy to do that.
Rev Gibson: Right. That is the point.
1Y,PERSONAL APPEAKANLE: (`fit. DEPONTIS, CONCERNING USE OF DINNER KEY
AUDITORIUM FOR FLEA MARKET CONFLICTING WITH
COCONUT GROVE ART FESTIVAL.
?favor Ferre: Mr. DePontis, will you step up sir, and tell us exactly
what your problem is. Quickly. Mr. Grassie is here.
Mr. George DePontis: Very briefly Mr. Mayor, the administration has denied
us the use of Dinner Key Auditorium on the 20 of this month because of the Coconut
Grove Art Festival. The reason the administration gave was because of the parking
situation would be too intolerable for an event. Under normal circumstances like
the event that was last year, photography show, I could see where a thousand cars
would be utilized, but for our flea market, we have maybe 100 to 150 cars an hour
maximum. I don't see this interfering with the,
Mayor Ferre: Let me ask you this. Did you have the flea market operation
last year during the art exhibit?
Mr. DePontis: No, but the year before we did. There was no problem. Last
year there was a photography show. We serve at the will, the whim of the City,
when there is nothing else going on we fill in the extra dates.
Mayor Ferre Mr. Grassie do you have an answer to that?
Mr. Grassier If I can gather the problem, ----
Mayor Ferre: He wants to use the flea market at the same time the Coconut
Grove Arts festival is going on. What is the objeciton to that?
Mr. Grassie: Basically sir, it Is a conflict as far as providing parking
for citizens, l have not been here when they run the art fair, but I understand
it draws as many as 400 thousand people,
Mayor Ferre; These people are steady customers of the City of Miami auditorium,
They don't ususally have more then 50 or 60 cars, As far as I am concerned it fits
the purpose, I see no objection to it,
Mrs, Gordon: Did you discuss it with the people who run the festival? Do,
they have objection?
Mr, Grimm: Yes, they do.
Mr, Rebosot Last year they had a major event,
Mr, DePontis, The year before last we operated a flea market the same week -end
as the Coconut Grove Art Festival with no complaint, The following year were denisxl
use of the auditorium, As is the policy, we only -come in at the whim of city if
nothing else is going on, On that particular case were denied beea+se there bees►ase
19(1
FE8 1 977
there was ah opportunity for the city to derive income for the auditorium fot
3 days, they had a major production, and obviously there is a backup, We have
also tun 1-day opetatiots in the auditorium with antique and jewelry shows very
successfully and we know there will be a parking problem whets you spend a lot
of money to have a major production, What we are saying is, fot the use of one
day, approximately 100 to 150 cars maximum, per hour spread across the entire day,
is not a burden, Attd more important, our custothets ate proven to be frequenters
of Coconut Grove, I can't possibly conceive that anybody who would come do Dinner
Key flea market is not going to come down here to go to the art festival anyway.
So let them come it and see us.
Mrs. Gordon: Mr, Grimm did you ask the operators of the art festival specifically
about the flea market operation?
Mr. Grimm: As you know an undertaking the size of the Coconut Grove Art Festival,
just isn't done overnight, Planning on this starts a year in advance. Over 6 months
ago we started negotiating back and forth with the Coconut Grove Arts festival,
as what things the city would provide, whay they wouldn't provide, how many toilets
they would have, whether they would have police protection, whether we would rent
them facilities of the, city and in November of last year we committed the city to
closing the auditorium for these 3 days and these gentlemen were informed of this.
Mr. DePontis: No, that is not correct. We were informed about it when we
were told that the auditorium was denied our use on the 20th. Then we were told
that approximately 30 to 45 days ago, because we are never given our schedule,-
if t may take a moment of your time and tell you we are never given our schedule
until approximately 30 or 45 days before a particular event. I would like to point
out to the benefit of the City Manager who has not had the opportunity of seeing
our opertion. 1 open my books to the members of this commission and to the City to
tell you that we operated all summer long. It is spelled -out in the letter, at a loss,
We have an actual attraction just like the Coconut Grove,
Mayor Ferre: You are overtalking. i agree with you. Let's see what the rest
of this commission feels, and let the chips fall where they may.
Mrs. Gordon: I don't want to make a decision unless I know for sure that
the Coconut Grove Art festival committee understands that this is going to take
place, and that we threfore proceed with their agreement.
Grimm: How are we going to do this? This starts next week.
Mrs. Gordon: We could make it conditional upon, their not objecting.
Mr. Grassier Mr. Mayor it is late in the day, and to the extent that we bring
this kind of question to your agenda, we prolong your agenda unnecessarily.
Mayor Ferre: They are customers of the city of Miami year-round, all the time,
and it is my position, and I am sorry, it is not going to do any great harm to the
art festival. I am sorry, we bent over backwards and do anything we can for the
art festival people. We are proud of them, and I think they do a great job. This
not going to hurt them. I am sure they don't want them. They don't want anybody.
They don't want aurt's super market, Everytime I go there, Burt gives me a dirty
look.
Mr. Grassie: Mr. Mayor I am trying to raise a question is more general.
The question is, whether or not, on issues like this, everytime we have a disagreement
with the staff, the question is going to come to you, to the extent that you keep
encouraging this sort of thing. We end up with this kind of debate, T don't know
the facts of the case, but what I am suggesting to you is, that the staff probably
has acted in good faith, and has tried to make a decision which is in thi. hest
interest of the community.
Mayor Ferre; There is no question about it. But it is a matter
A:; far as i am concerned, I don't agree with the policy,
Mr, Grassie,Sir, all you are hearing is one side, What i am suggesting to You
is, that the staff has probably listened to both sides of the question and to the
extent that you make relatively hip -shot decision, like this, you encourage this
kind of dialogue and it takes a lot of your ,time►
Mayor Verret Let's move along. What is the will of this cattttission
Mt. Reboso: 1 am it favor of granting them the opportunity. They Ate
customers of the City of Miatfii. That is my opinion.
Mrs. Gordon: t have to take a comment, t don't know how this is going to go.
It is not directed to you personally. This is the Most ridiculous corimrission t
have ever heard of. One minute in the morning,'we do everything the Manager tells
us to do because he told us to do it, in the evening, by the time we want to go
home and go to bed, we want to everything we want to do on our own. This is absolutely
asinine.
Mr. Plummer: Rose I donut see a bit of difference in that and you demanding
an outside audit and turn and say use incompetent staff to help the appraiser do
the appraisal. Idon't see any difference in that.
Mrs. Gordon: I never said incompetent staff, J.L. That is not a fari statement.
of fact and I resent that on behalf of every employee of the city of Miami. The
apologize on that, J.L.
Mayor Ferret Is there a motion on this. Is there a second.
Mr. REbosot I second the motion.
Mr. Plummer: What is the motion?
Mr. Reboso: So they can use the auditorium the day they requested.
Mr. Plummer: That is on
S;mday? I second the motion.
The following motion was introduced by Commissioner Reboso, who
moved its adoption:
MOTION NO.
77-125
A MOTION EXPRESSING THE INTENT OF THE CITY COMMISSION
THAT THE ADMINISTRATION PERMIT THE USE OF DINNER KEY
AUDITORIUM ON SUNDAY, FEBRUARY 20, 1977, FOR USE
BY THE DINNER KEY FLEA MARKET
Upon being seconded by Commissioner Plummer, the
and adopted by the following vote:
AYES: Mr. Reboso, Vice -Mayor Gibson, Mr. Plummer and Mayor Ferre.
NOES Mrs. Gordon.
ABSENT: None.
20, BRIEF DISCUSSION ITEM: CITY Ca4lrssloN POLICY MANUAL,
Mayor Ferre: Now, #5 establishing a commission policy manual, City Manager
recommends. Moved by Reboso, seconded by Gibson. Further discussion? Cai.l the
roll,
(inaudible)
Mrs. Gordon: God bless you for sitting through this crazy mess. May 1 ask n
question? Establishing a City Commission policy manual, City Manager rlcommvnr1M,
Explain that to me.
Mayor Ferre; You have the packet,
Mrs, Gordon; I want to hear it, I don't want to read .it.
Mr, GRassie; Rasically what this does Commissioner is to authorize the eatablishment
of a manual which nothing until you adopt the first policy. You will adopt policies
as you see fit., They will be incorporated in the Manual and they will provide a
1,31 FE8 1,01977
standing guide, a standing policy, to guide Adtiihisttative actions font it the
intent.
Mrs. Gordon: Is this a flexible thing that will continually change? Will
you pickup what we have done, in the years past, that ate policy?
Mr. Gras;iet No, rna'atti. I would hot intend to incorporate anything by
guessing what you intended before, You will have to adopt each policy individually
and whet you adopt it, it goes in the Manual. When you want to change it, you
can change it at anytime. It is more flexible than an ordinance, but still it does
have the ability to guide the actions of the city administration.
Mrs. Gordon: I would like to table this for further thought, if you don't
mind, until the next meeting. I am not familiar enough with the consequences of
it and I would like to take it up at the next meeting, at an earlier hour of the
day.
Mayor Ferret There is a resolution to table Item 5.
Mr. Grassie:We don't ever have to bring it back if you don't want to.
Mayor FerreCall the roll on the table, -----I think that is ridiculous.
It was given to us with plenty of notice, we have had an opportunity to read it.
It is a goor proposal, and I am for it, and I am voting against tabling it.
Mrs. Gordon: Oh, come on, Maurice Ferree You can read it again on the day
we meet.
Mayro Ferre: You don't need a second to table.
A motion to table the matter to the next meeting was passed and adopted
by the following vote: AYES Mr. Reboso, Mrs. Gordon and Mr. Plummer. NOES:
Mayor Ferre and Vice -Mayor Gibson.
21ESTABLISH CITY COMMISSION POLICY FOR GOVERNING, APPLICATION AND REVIEW
OF WAIVER OF RENTAL FEES OF CITY FACILITIES
Mayor Ferre: Take up Item 6.
Mr. Grassier We really can't do that because you have not adopted the
policy manual into which this policy would fit.
Mrs. Gordon: All right, table that one.
Mr. Plummer: There goes another couple of thousand down the drain.
Mayor Ferre: Why is 6 tied into 5? I don't understand.
Mr. Crassie: I guess it need not be. This was designed to he the first
policy which we would incorporate in your policy manual. What we are looking
for is a policy to guide the way in which the city administers fee -waiver policy.
Mayor Ferre; Is there a motion on this item?
Mrs. Gordon: The Manager recommended that we can't move it unless we hive
the other.
Mayor Ferre; He didn't say that. He reconsidered.
Mr, Grassi.e; I suppose you could adopt it,
Mrs,Gordon: We will table it for an .earlier hour of the next meeting,
Mayor Ferrer There is a motion by Mrs, Gordon to table Item #6,
A motion to table the item failed to pass by the following vote; AYES; Mrs,
Gordon, NOBS; Mayor Ferre, Rev, Gibson, Mr, Plummer and Mr, Reboso,
Mayor Ferre; Does somebody want to move Item 6,
2
The following resolution gas introduced by Cotthissibbdt Muthter w'ho
moved its adoption,
RESOLUTfON NO. 714 26
A REsOLUTtON ESTAt3LisftNG THE POLICY OP THE CITY COMMISSION
COVERNtNG APPLICATION, REVIEW AND GRANTING WAIVER OP USE OR
RENTAL PEES 13Y THE CITY MANAGER 'FOR CITY PACILIT1ES OR PROPERTIES
IN ACCORDANCE WITH THE HEREIN ENUMERATED STANDARDS AND CRITERIA
TO BE FOLLOWED; SAID STANDARDS AND CRITERIA TO INCLUDE STATEMENTS
SUBJECT, PURPOSE AND POLICY
(Here follows body of resolution, ofnitted here and on
file in the Office of the City C1erk6)
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote: AYES: Mr, Reboso, Rev, Gibson,
Mr, Plummer and Mayor Ferre. NOES: Mrs. Gordon.
22i AUTHORIZE CITY MANAGER TO
EXECUTE AGREEMENT WITH IED
BAKER GROUP, PROFESSIONAL SERVICES
- FOR DESIGN IWD DLVWLOP —
"CENTRAL MIAMI NEIGHBORHOOD PARK"'
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 77- 127
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH TED BAKER GROUP, A PROFESSIONAL ASSICIATION OF LANDSCAPE ARCH-
ITECTS, TO PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN AND DEVELOP-
MENT OF CENTRAL MIAMI NEIGHBORHOOD PARK, LOCATED AT N.W. 5 AVENUE
AND 10 STREET, MIAMI, FLORIDA, WITH FUNDS THERFFnr. TN THE AMOUNT OF
$15,000. ALLOCATED FROM THE PARKS FOR PEOPLE BOND FUNDS
(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 Theodore Gibson
Mayor Maurice A. Ferre
23, AUTHORIZE CITY MANAGER TO ENTER
INTO AGREEMENT WITH RICK SISSER — LEGISLATIVE LIAISON REPRESENTATIVE'
Mrs. Gordon: Is this the same .as last year?
Mt. Grassie:I should point out to you that this agreement includes a lump
sum payment of $3,000. for expenses which are not documented to the City. I under-
stant that was your intention before.
Mrs, Gordon: Then it is not the same as last year.
Mr, Grassier Yes, it is the same as last year, but I want to point to you
that feature which was that way last year and remains that way this year.
Mrs, Gordon, The three thousand was specified as a lump sum for expenses,
What I am pointing, out to you, is that Mr, Sisser does not document to us his
expenses, I simply want you to be aware of that,
Mrs, Gordon; You had rather have it that way?
Mr, Grassier No, I understand this was your direction that
Mr, Plummer As I recall Mr., brassie, last year we did not
increase in pay, The year previous had been $12,QQ4, and rather
an increase in .pay we gave him an expense account of $3000.
it be this way,
;give .bim any
than give him
Ff ra i ;' 7
Mr► Grassier This is what we ail understood,
Mrs. Gordon3 Which amounts to an Increase of pay because he doesn't have
docunefit it,
Mr. Piunmert No increase this year,
Mrs, Gordon: The same as last yeat. Okay. 1 second it,
The following resolution was introduced by Cotitmissioner Plummer, who
moved its adoption:
RESOLUTION NO, 77= 128
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH MR, RICK SISSER,AS LEGISLATIVE
LIAISON REPRESENTATIVE, TO REPRESENT THE CITY BEFORE ALL FLORIDA
STATE LEGISLATURE SESSIONS HELD DURING THE TERM OF THE SAID AGREEMENT
AND AUTHORIZING THE PAYMENT OP $12,000. AS A FEE FOR SAID) SERVICE
PAYABLE IN 4 MONTHLY INCREMENTS, BEGINNING APRIL 1, 1977 AND TERMINATING
JULY 1, 1977: AND FURTHER AUTHORIZING THE LUMP SUM PAYMENT OF $3,000,
TO MR. SISSER TO COVER EXPENSES INCURRED DURING THE TERM OF THE
AGREEMENT
(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 Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
24, ACCLPT CO PLEIED WORK: HARD SURFACE. COURTS - 1975 (HENDERSON PARK)
The follnwinp resolution was introeucee by Commissioner Gibson
moved its adoption:
RESOLUTION NO. 77- 129
A RESOLUTION ACCEPTING THE COMPLETED WORK OF BISCAYNE CONSTRUCTION,
INC.. FOR THE CONSTRUCTION OF PARKS- HARD SURFACE COURTS - 1975
(HENDERSON PARK) AT A TOTAL COST OF $31,320. ASSESSING $1,980. AS
LIQUIDATED DAMAGES FOR 33 DAYS OVERRUN OF CONTRACT TIME; AND AUTH-
ORIZING, AFTER ALL ADJUSTMENTS, A FINAL PAYMENT OF $1,152. TO
BISCAYNE CONSTRUCTION, INC.
(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 Theodore Gibson
Mayor Maurice A, Ferre
NOES, None,
F:4'+a 1 () i'j'
251 ACCEPT PICA I Abe IA Su
The following rtysnliitinti tt>xs inttr+dt ceA t,v ('.oftrmiasi.oner Oehmsn, r.,i;o
moved its adoption:
RESOLUTION NO. 77130
A RESOLUTION ACCEPTING THE PLAT ENTITLED ADRIA SUBDIVISION
A SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Cordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
26, CLAIM SETTLEMENT: GISELE FASHIK,
Mrs. Gordon: I want to know what this is about.
Mr. Knox: This is a settlement of a parcel of property pursuant to our
eminent domain powers,
Mayor Ferre: Is there further discussion?
Mrs. Gordon: Yes. I want to know more about it.
Mr. Knox: This'is part of African Square Mrs. Gordon. The appraisal value
of the property was $13,600. The seller agreed to settle with the city for $15,500.
excluding cost and attorney's fees. Mr. Anderson of our staff recommended that
this is a reasonable settlement and I concur in his recommendation.
Mr. Plummer: No, that isn't correct. In reading your memo, you said it
is extremely reasonable.
Mr. Knox: I stand corrected.
Mr. Plummer Big difference.
Mrs. Gordon: Was is the $2350, portion of it for?
Mr. Knox; I would have to check with Mr, Anderson Mrs. Gordon.
Mrs, Gordon: I think we ought to know what we are paying for. I have no objection
to the kinds of acquisition, especially not for African Square, but i still think
that we are entitled to an explanation of that particular additional. sum.
Mayor Ferre; i think we ought to stay here until we get an answer.
Mrs, Gordon; i do too,
Mr, Knox; i am adsitved by the members of the staff that tl*se are court
costs, and I know they are paid to the clerk of the circuit court,
Mrs, Gordon; The $2350, is court,casts incurred to date, is that
is
t?
Mr& knitYes, ina*ars
Mrs, Gotdot►; You ate settling this out of court, is that eortett?
Mr, Knox: Yes, ma'a,►
Mrs. Gordon: What is the reason why you are paying $151500. plus $2050,
Correct?
Mr. Knox: Thirteen thousand, some odd dollars is in the registry of the
court and this represents the balance. Attorney's fees and costs have not yet
been assessed.
Mrs. Gordon: You are going to have more expenses on top of this then?
Mt. Knox:Court costs and attorney fees.
Mrs. Gordon: Which is the $2350.
Mr. Knox: $2350. represents the difference between $15,50°. and the amount
that is currently in the registry of the court to take the property.
Mrs. Gordon: And you are going to have to pay some additional charges for
attorney fees. Is that correct?
Mr. Knox: Where will that money come from.
Mr. Knox: I can't answer that, Mrs. Gordon.
Mrs. Gordon: Well somebody better answer it. Where is it going to come
from? Park bonds issue money, or what?
Mr. Grimm: One of the items this morning we presented to you, was the
allocation of money for this project.
Mrs. Gordon:This was one of the items in its totality, which means the
$15,500. plus the $2350. plus the attorney fees.
Mr. Grimm: What I am trying to say is that the Martin Luther King Blvd.
project and the African Square project are included in the parks for people
bond funds.
Mrs. Gordon: That is part of it?
Mr. Grimm: I heard people say this was part of it. I am just trying to
answer your question. I am not trying to confuse you. But I wouldn't swear to it.
the following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 77- 131
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO SETTLE PARCEL NO. 7095-1 IN CITY OF MIAMI V. GISELE FASHIK,_
CIVIL SECTION N0. 74-21840 (AFRICAN SQUARE PARK), FOR $15,500.
EXCLUDING COSTS AND ATTORNEYS' FEES, AND AUTHORIZING AND DIRECTING
THE FINANCE DIRECTOR TO ALLOCATE THE SUM OF $2,350.00 FROM THE
1972 PARKS FOR PEOPLE BOND FUNDS AND PAY SAID SUM TO THE CLERK
OF THE CIRCUIT COURT
(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
AYt5 Co tmissiottet Manoto Reboso
Commissionet J. t, Plummet, Jr
Commissioner Rose Gordon
Vice4Mayor Theodore Gibson
Mayor Maurice A, Ferre
NOES: None.
27, CLAIM SETTLEMENT: MICHAEL BOOTH
Mayor Ferre: Take up item 18, City Attorney recommends,
Mrs. Gordon: I want to know more about it. I want to know what kind
of accident, when it was, where it was, and all the rest of it.
Mr. Knox: Shall I read the memorandum into the record?
Mrs. Cordon: Yes, sir.
Mayor Ferre: I hope you really enjoy this.That indicates something very
special.
Mrs. Cordon: Okay. I am making a point. If you want a meeting to last
14 hours, you are going to get one.
Mr. Knox:Are you ready for me to reld Mrs. Gordon?
Mrs. Gordon: Yes, sir. Please. Explain the whole thing?
Mr. Knox: Michael Booth has filed a claim against the City of Miami resulting
from an accident involving the City of Miami police vehicle. This accident occured
on May 4, 1976 at about 12:45 A.M. at or near S.W. 27th Ave.. and Day Avenue, Coconut
Grove Florida. The police vehicle was southbound in the right lane of S.W. 27th Avenue
at a speed of,
Mayor Ferre: Is that part of the packet? Mrs. Gordon had plenty of time
to read it. Ca11 the question.
you
Mrs. Gordon: I have a right to get addition information.
Mayor Ferre: I am running this meeting. Call the question.
Mrs. Cordon: You are out of order Mr. Mayor. You can call the question but .
are out of order.
Mayor Ferre: The Chairman is ordering you to call the question.
Mrs, Cordon: That is okay. The Chairman can still be out of order.
The following resolution was introduced by Commissioner REboso, who
moved its adoption;
RESOLUTION NO.'77,, 132
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MICHAEL
BOOTH,AN INDIVIDUAL, AND HIS TREATING PHYSICIANS, 'WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $4,709,00 IN FULL AND COMPLETE
SETTLEMENT OF ALL BODILY INJURY AND PHYSICIANS' EXPENSES AGAINST THE
CITY OF MIAMI UPON EXECUTION OF A RELEASE, RELEASING THE CITY OF
MIAMI, FROM ALL CLAIMS AND DEMANDS
1
(Here follows body of resolution, cmltted here and o1 file
in the Office of the City Clerks)
Upon being seconded by Cotifissionet Gibson, the resolution was
passed and adopted by the following Vote-
AYES t Cernnissiotier Manolo Reboso
Commissioner J, L. Plf Minet, ir.
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A, Fevre
NOES: None.
28, APPOINTMENT: LEONARD ABESS, JR,, TO THE COMMITTEE
ON ECOLOGY AND BEAUTIFICATION,
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO, 77- 133
A RESOLUTION APPOINTING MR. LEONARD ABESS, JR. TO THE CITY OF
MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION
(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 Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
29. ACCEPT BID: LAWN EQUIPMENT FOR PARKS AND RECREATION.
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 77- 134
A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING LAWN
EQUIPMENT FOR THE DEPARTMENT OF PARKS AND RECREATION: BID OF
HECTOR TURF AND GARDEN AT A TOTAL COST OF $3,845.75, BID OF
ACE LAWN MOWER AT A TOTAL COST OF $1,312.50, BID' OF DEBRA TURF
AT A TOTAL COST OF $5,796.00, BID OF HOMESTEAD MOWER CENTER AT
A TOTAL COST OF $2,037.00, FOR A GRAND TOTAL OF $12,991.25; ALLOCATING
FUNDS FROM THE 1976-1977 FISCAL YEAR BUDGET; AUTHORIZING AND DIRECTING
THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE PURCHASE
ORDERS FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummet the resolution Was
passed and adopted by the following vote=
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Cotntnissioner Rose Gordon
Vice, -Mayor Theodore Gibson
Mayor Maurice A. Terre
NOES: None.
30. APPOINTMENT; ALAN ROS.NTHAL TO YOUTH ADVISORY BOARD'
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION N0. 77- 135
A RESOLUTION APPOINTING ALAN ROSENTHAL AS A MEMBER OF THE
CITY OF MIAMI YOUTH ADVISORY BOARD
(Herefollowsbody 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 Theodore Gibson
Mayor Maurice A. Ferro
NOES: None.
31, RESCHEDULE CITY COMMISSION MEETING DATES FOR THE MONTH
OF MARCH, 1977.
The following resolution was introduced by Commissioner Re-oso, who
moved its adoption:
RESOLUTION NO. 77- 136
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING
OF MARCH 10, 1977, WHICH HAD PREVIOUSLY BEEN CHANGED TO MARCH 17,
1977, TO TAKE PLACE ON MARCH 16, 1977, AND RESCHEDULING THE REGULAR
CITY COMMISSION MEETING OF MARCH 24, 1977, WHICH HAD PREVIOUSLY BEEN
CHANGED TO MARCH 31, 1977, TO TAKE PLACE ON MARCH 24, 1977
(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 Theodore Gibson
Mayor Maurice A. Ferre
NOES: None,
AYES:
321 ALLOCATE $3, 87S 1 OO FOR FINANCIAL ASSISTANCE FOR DECORATION
OF DOWNTOWN AREA - KING ORANGE FESTIVITIES
moot FPtteg t,l;s V ett Clifford's rebuest, It is ifr your Daeket under item
#122.
Mrs. Gordon: For this coming year?
Mr. Grassie' ; For last year
Mayor Ferret We offered him $50000, and he came back and he spent $3,875.00,
Mrs. Gordon: Be saVed us money then,
The following resolution was introduced by Commissioner Plummet, who
moved its adoption:
RESOLUTION NO. 77- 137
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND CITY FUNDS
IN THE AMOUNT OF $3,875,00 FOR THE.PU1POSES OF PROVIDING FINANCIAL
ASSISTANCE IN THE DECORATION OF THE DOWNTOWN AREA FOR KING ORANGE
FESTIVITIES, AND FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE
THESE FUNDS FROM THE CITY'S CONTINGENCY FUND
(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-
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
33, PREPARED RESOLUTION: CLOSE PORTION OF P.W.42 AVENUE BETWEEN
IJ.W. 1 ST, AND N.W. 2 ST, CONDITIONED UPON
LOCATION QF FERAL �ESEF E BANK IN PROPOSED
DOWNTOWN bOVERNMENT ,
Mayor Ferre read the proposed resolution.
Mrs. Gordon: I have a question on procedure. It is all right for us to
do this by intent, but it still has to go to the Planning Board, doesn't it?
The following resolution was introduced by Commissioner Gibson, who
moved its adoption;
RESOLUTION NO. 77-138
A RESOLUTION INDICATING THE INTENT OF THE CITY COMMISSION TO CLOSE
THAT PORTION OF N,W, 2 AVENUE BETWEEN N.W. 1 STREET AND N.W. 2 STREET,
CONDITIONED UPON THE LOCATION OF THE FEDERAL RESERVE BANK IN THE PROPOSED)
DOWNTOWN GOVERNMENT CENTER AND THE ACQUISITION BY METROPOLITAN DADE COUNTY
OF ALL ABUTTING PROPERTIES ON BOTH SIDES OF N,W, 2 AVENUE AND THE DEDICATION
AND CONSTRUCTION OF N,W, 3 AVENUE BETWEEN N,W, 1 STREET AND N,W, y STREET
PRIOR TO THE FINAL CLOSING OF THE STREET
AYES;
NOES:
(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 Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
34, PREPARED RESOLUTION
IMPOSING FEE FOR MIAMI DOLPHINS' ust THE
ORANGE BOWL STAD I uM FOR THE 19764977 SEASON
Mr, Plummer: Mr. Knox, would it be better that it read: 'a resolution
imposing a rental?*
Mr. Knox: No, sir.
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 77- 139
A RESOLUTION IMPOSING A FEE FOR THE USE OF THE ORANGE BOWL MEMORIAL
STADIUM BY THE MIAMI DOLPHINS, LTD. FOR THE GAMES PLAYED BY SAID MIAMI
DOLPHINS, DURING THE 1976=77 FOOTBALL SEASON, INCLUDING PRESEASON
AND REGULAR SEASON GAMES, IN AN AMOUNT WHICH EQUALS 15% OF THE GROSS
RECEIPTS ON ADMISSIONS PAID FOR SAID GAMES; PROVIDING THAT DETERMINATION
OF THE AMOUNT DUE TO THE CITY cif. MIAMI SHALL BE DETERMINED FROM RECORDS
AND ACCOUNTS OF ALL MIAMI DOLPHIN TICKET SALES TRANSACTED IN CONNECTION
WITH THE 1976-77 FOOTBALL SEASON, WHICH RECORDS ARE TO BE MADE AVAILABLE
TO AUTHORIZED REPRESENTATIVES OF THE CITY DURING REASONABLE BUSINESS
HOURS FOR THE PURPOSE OF EXAMINING AND AUDITING SUCH RECORDS AND ACCOUNTS
(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
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Vice -Mayor Theodore Gibson
Mayor Ferre and Mrs. Gordon,
was
AYES;
NOES: None,
35i WAIVE RENAL FOR USE OR PARKING La MINA SMONA
"TROPICANA LIONS CLU "
mt. oehtiso. Mr. Mayor 7 .!-,nVti rncltet i.tp l.et ot. At the last 'ity Cott ttisrgior
meeting, we passed a resolution, resolution 27, suthoriting the issuance of a permit
rot amusement tides to Tropicana Lions Club. Always we waive the fees, because this
one is for the Industrial bite for the Blind and we forgot to do it.
Mts. Gordon: I don't have it. Do you have it?
Mr: Reboso: No, that was at the last City Cotntnisssion Meeting.
Mrs. Gordon Do we have a copy of something to look at? I don't know what
we are doing?
Mr. Reboso:---waiving the fee, for the Tropicana Lions Club, that they have
right from today to the 13th of this month. Mr. Jennings told them a few days ago,
that they were not covered.
Mr. .Iennings: All you did was authorize a permit. You did not authorize
a waiver of rental. They came to me and asked a waiver of rental. I advised them
only the commission could waive.
Mr. Plummer: Where are they going to be?
Mr. Jennings: In baseball stadium parking lot.
The following motion was introduced by Commissioner Reboso who
moved its adoption:
MOTION NO. 77-140
A MOTION WAIVING THE RENTAL FEE FOR THE USE OF THE PARKING LOT OF THE
MIAMI. STADIUM FOR THE "TROPICANA LIonS CLUB" IN CONNECTION WITH A
CARNIVAL TO BE HELD ON FEBRUARY 10 THROUGH 12, 1977
Upon being Seconded by Mrs. Gordon the motion was passed and adopted
by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Vice -Mayor
Gibson and Mayor Ferre. NOES: None.
36. APPOINTMENT TERESA SALDISE TO AFFIRMATIVE ACTION BOARDS
The following rosol ittipn was introduced by re+►miasioner RFboao, who
moved its adoption:
RESOLUTION NO. 77- 141
A RESOLUTION APPOINTING TERESA SALDISE AS A MEMBER OF
THE AFFIRMATIVE ACTION BOARD OF TIIE CITY OF MIAMI, FLORIDA
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution
passed and adopted by the following vote -
Commissioner Manolo Reboso
Commissioner J. I.. Plummer, Jr,
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A, Terre
1i DISCUSSION ITEM: PLACDENT OF SHURSBERY ON PUBLIC HIGHWAY ARC
BY HOME OWNERS WITH COOPERATION OR CITY TO:bIG HOLES*
Mt. Plummer. Mr, Mayor let me bring up one item. 1 at sorry to do it, but
I promised someone I would bring this up. 1 think it is a gteat proposal, but t
want to brush it off the administration and if you will come back at the next
meeting with an answer Mr. Grassie,
I have been proffered by an individual homeowner who would like the city to
consider that if a resident homeowner would buy shrubbery for the parkway in front
of their home, if the City would dig the hole, would help the city plant trees, which
we ate trying to encourage, Do you follow what 1 am saying? If the City would dig the
holes in the parkway, they would buy the shrubbery, and the city come along and dig
the holes,
Mr. Grassie: Are we talking about shrubbery or trees Commissioner?
Mr, Plummer: I think we are talking about trees.
Mr. Grasse: If we are talking about trees I am sure we can work something out.
Mr. Plummer:
give it to you and ask you come back at the next meeting,
38. BRIEF DISCUSSION ITF1i: REQUEST BY COMMISSIONER GIBSON THAT THE MATTER
OF LAY-OFFS IN THE SANITATION DEPARTMENT BE
SCHEDULED AS A REGULAR AGENDA ITEM
Rev. Gibson: Mr. Mayor, I want to bring up a matter. When it was known
that those sanitation workers were going to be fired or layed off, I asked Mr.
Grassie to give me a report of the number of people, who they are and what is
the price tag, what other people were being let out and their price tag.
Mr. Mayor I want to tell the members of the commission, I admit I may be
a little dense, but I get that information, and I hope that will be an item agenda
for the next meeting. I am requesting that be an item agend for the next meeting.
Mr. Grassie: Commissioner I think we distributed that at the City Commission
meeting. Did you all get it?
Rev. Gibson: I would like for that to be an item on the next agenda.
I want a price tag. I didn't get the price tag. I am not blaming you. The
people who made the report didn't give me the price tag.
Mr. Plummer: Mr. Grassie seems to be confused what exactly you want. Would
you clarify it for him.
Rev. Gibson: Let me explain. I want it on the agenda. I don't seem to be able
to get it otherwise. I want the names, and the price tag, for the benefits and salary,
of all those people. By the same token, if you fire anybody in the police
I want the same thing. If you fire anybody in the fire department, I want
I said that before and I didn't t
ge
it,
department
the same thing.
39. BRIEF DISCUSSION IIFJM: PROMOTIONAL PROCESS,
Mr. Plummer: Are there any promotion in store at the present time?
Mr. Grassie, If I understand your question commission, are you asking whether
a freeze has been put on regular civil service promotions like from Clerk I to
Clerk 11,.--�
My r. Plummer: a=» -'any
Mr, Grassie. If that
Process continues,
Mr, Plummer; It will
positions,
is the question, the answer is no The normal preMOtional
contintue in 411 department?
Mt, Ctassiet That is cbttect.
Mt. Plummet: Thank you.
41,10ORNMENT. Thete being tto further business to come before the CMIIMiagibti
at this time, the meeting was adjourned at 9 t 50 P.M.
MAtlfttCE A RERRE
MAYOR
ATTEST: RALPH G. ONGIE
CITY CLERK
MATTY 1 T1AT
ASSISTANT CITY CLERK
ITEM NO*
maw.---
1
10
11
12
crry OF iVPAMI
DOCUMENT
IND
DOCUMENT IDENT/PICA,ION
COMMISSION AGENDA AND CITY CLERK REPORT
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
RELEASE OF COVENANT, ATTACHED HERETO AS EXHI-
BIT A AND MADE A PART HEREOF
CONFIRMING ORDERING RESOLUTION NO. 77-13 AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR
SEALED BIDS FOR THE CONSTRUCTION OF SILVER
BLUFF SANITARY SEWER IMPROVEMENT SR-5414 C
CONFIRMING ORDERING RESOLUTION NO. 77-12
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH THE MARINE STADIUM
WATER SPORTS RENTAL, INC. FOR THE LEASE OF
CERTAIN PROPERTY WITHIN THE AREA OF MARINE
STADIUM
AUTHORIZING. THE CITY MANAGER TO ADVERTISE FOR
AND RECEIVE PROPOSALS FROM ECONOMIC/PLANNING
FIRMS FOR PROFESSIONAL SERVICES FOR A RIVER
FRONT DEVELOPMENT STUDY FOR THE GENERALLY
BOUNDED BY THE N.W. 7 AVENUE BRIDGE
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH MORTY FREEDMAN FOR CONSULT-
ING SERVICES TO THE CITY OF MIAMI FOR THE
1977 CITY OF MIAMI INTERNATIONAL FOLK FESTIVAL
ACCEPTING THE PLAT ENTITLED ABITARE, A SUBDI-
VISION IN THE CITY OF MIAMI
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
"OFFER OF GRANT" DATED JANUARY 27, 1977 FROM
THE ECONOMIC DEVELOPMENT ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, IN AN AMOUNT NOT TO
EXCEED $2,710,050
ESTABLISHING THE POLICY OF THE CITY COMMIS-
SION GOVERNING APPLICATION, REVIEW AND GRANT-
ING WAIVER OF USE OR RENTAL FEES BY THE CITY
MANAGER FOR CITY FACILITIES.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH TED BAKER GROUP, A PROFESSION-
AL ASSOCIATION OF LANDSCAPE ARCHITECT$, TO
PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN
AND DEVELOPMENT OF CENTRAL MIAMI NEIGHEORHOOD
PARK
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH MR. RICK SISER, AS LEGIS-
LATIVE LIAISON REPRESENTATIVE.
t ebruery 10, 1977
COMMISSION
__ACTION
R-77-=113
R-77-114
R-77-115
R-77-116
R-77
RETRIEVAL
CON _:NO._
0040
77-113
77-114
77-115
77-116
UI'LENT'(N DEX
CONTINUED
Nb,
13
14
15
16
17
18
19
20
21
22
23
24
OCUM NT IDENTIFICATION
ACCEPTING THE COMPLETED WORK OF BISCAYNE
CONSTRUCTION, INC. POR Tt1E CONSTRUCTION OF
PARKS -HARD SURFACE COURTS-1975 AT A TOTAL COST
OF $31, 320
ACCEPTING THE PLAT ENTITLED ADRIA SUBDIVISION.
AUTHORIZING THE CITY ATTORNEY TO SETTLB PAR-
CEL N0. 7095-1 IN CITY OF MIAMI V. GISELE
FASHIK, CIVIL SETION NO. 74-21840 (AFRICAN
SQUAREPARK)FOR $150500.0.0
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY.
MICHAEL BOOTH, AN INDIVIDUAL, AND HIS TREATING
PHYSICIANS, WITHOUT THE ADMISSION OF LIABILI—
TY, THE SUM OF $4,709.00 IN FULL AND COMPLETE
SETTLEMENT OF ALL BODILY INJURY
APPOINTING MR. LEONARD ABESS, JR. TO THE CITY
OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICA—
TION,
ACCEPTING THE FOLLOWING BIDS FOR FURNIHSING
LAWN EQUIPMENT FOR THE DEPARTMENT OF PARKS
AND RECREATION
APPOINTING ALAN ROSENTHAL AS A MEMBER OF THE
CITY OF MIAMI YOUTH ADVISORY BOARD
RESCHEDULING THE REGULAR CITY COMMISSION
MEETING OF MARCH 10, 1977, WHICH HAD PREVIOUS
LY BEEN CHANGED TO MARCH 17, 1977, TO TAKE
PLACE ON MARCH 16, 1977
AUTHORIZINGTHE CITY MANAGER TO EXPEND CITY
FUNDS IN THE AMOUNT OF $3,875.00 FOR THE
PURPOSES OF PROVIDING FINANCIAL ASSISTANCE
IN THE DECORATIONS OF THE DOWNTOWN AREA FOR
KING ORANGE FESTIVITIES,
INDICATING THE INTENT OF THE CITY COMMISSION
TO CLOSE THAT PORTION OF N,W, 2 AVENUE BE—
TWEEN N.W. 1 STREET AND N.E. 2 STREET,
IMPOSING A FEE FOR THE USE OF THE ORANGE BOWL
MEMORIAL STADIUM BY THE MIAMI DOLPHINS, FOR
THE GAMES PLAYED BY SAID MIAMI DOLPHINS,
DURING THE 1976-77 FOOTBALL SEASON
APPOINTING TERESA SALDISE AS A MEMBER OF THE
AFFIRMATIVE ACTION BOARD OF THE CITY OF MIAMI
AM'tfN
R-77-129
R-77-130
R-77-131
R-77-132
R-77-133
R-77-134
R-77-135
R-77-136
R-77-137
R-77-138
R�-77-1.39
R-77-141
CODE:..NO►:
77-129
77-130
77-131
77-132
77-133
77-134
77-135
77-136
77-137
77-138
7 7 —139
7»141