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HomeMy WebLinkAboutCC 1977-04-28 MinutesTY OF MIA MI OF MEETING HELD ON APRIL 28, 1977 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. ONGIE CITY CLERK r 1 EMNO, tNtlEc ilciNEdRia4 SUBJECT ORbINANCE O RESOLUTION No, PAGE NO. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. TABLE OF CONTENTS REPORT ON CURRENTLY FUNDED OR COMMITTED PUBLIC IMPR,PR. . Discussion BRIEF REPORT BY CITY ATTY. ON F.E.C. CONDEMNATION AND Discussion HIRING OF COUNSEL TO ASSIST. AUDITORS' REPORT: PARKS FOR PEOPLE BOND ISSUE Discussion FINAL REPORT - COMMITTEE ON LIQUOR HOURS M- 77-358 ACCEPT REPORT OF COMMITTEE ON LIQUOR HOURS AND ESTABLI DATES FOR PUBLIC HEARING. BRIEF DISCUSSION: ACCEPTANCE OF DOCUMENT FROM U.S. Discussion CIVIL RIGHTS COMMITTEE ON M.P.D. PERSONAL APPEARANCE BRUNS REPRESENTING COMMITTEE TO STUDY ORANGE BOWL IMPROVEMENTS. RECEIVE SEALED BIDS - SILVER BLUFF SANITARY SEWER IMPROVEMENT SR-5414 C & S PROCLAMATIONS, RETIREMENTS, PLAQUES AND SPECIAL ITEMS APPOINT: PATRICIA M. KOLSKI AS ALTERNATE MEMBER OF THE CITY OF MIAMI ZONING BOARD. PERSONAL APPEARANCE: MIKE SIMONOFF AND CHIP BLACK TO DISCUSS PROPOSED ORANGE BOWL QUESTION. OBJECTIONS TO CONFIRMATION ORDERING CONSTRUCTION - COLUMBIA SANITARY SEWER IMPROVEMENT - SR-5420 - C a ,. R- 77-359 R- 77-360 Discussion R- 77-361 OBJECTIONS TO CONFIRMATION ORDERING CONSTRUCTION - R- 77-362 COLUMBIA SANITARY IMPROVEMENT - SR-5420 - S. SECOND READING ORDINANCE: AMEND ORD. NO. 8345 BY Ord. 8641 ELIMINATING THE APPROP. FOR PALM BLIGHT PROGRAM-$50,01'.19) SECOND READING ORDINANCE: AMEND ORD. NO. 8345; Ord. 8642 ELIMINATE APPROP. FOR PALM BLIGHT PROG. - $50,010.19 SECOND READING ORDINANCE: AMEND SUB -SECTION 2, SECT. Ord. 8643 39-13.1 of the CITY CODE; REVISE GOLF COURSE GREEN FEE,ETC. SECOND READING ORDINANCE: AMEND SECT. 1 OF ORD. 08578 INCREASING FUNDS FOR THE MECHANIZATION PROGRAM FIRST READING ORDINANCE: AMEND SECTION 39-24 of the CODE RELATING TO PARKING CHARGES AT CITY -OWNED PARKING LOTS - ORANGE BOWL STADIUM DISCUSSION AND DENIAL OF PRCPOSED ORD. TO REGULATE COMMERCIAL PHOTOGRAPHY AT CITY OF MIAMI FACILITIES. EMERGENCY ORDINANCE: REGULATING ISSUANCE OF LICENSES Ord. 8644 FIRST READING M- 77-363 M- 77-364 M- 77-365 Ord. 8645 1-24 25- 26 26-27 27-33 33 33- 37 38 38- 39 39 40- 42 43- 47 47 48 49 49 50 50 51- 57 EM CITY Imo( SS1�- QJOF MOM!, FI.bRII14 SUBJECT NANCE 03 SOLUTION 40, PAGE N0, 21, 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36, 37. 38, 39. 40, TABLE OF CONTENTS FIRST READING ORDINANCE; IMPOSING SERVICE CHARGE ON RETURNED CHECKS, PUBLIC HEARING: RENAMING OF BAYFRONT AND BICENTENNIAL. PARKS. LONG DISCUSSION AND REJECTION OF AGREEMENTS FOR: A) OPERATION OF FOOD CONCESSION; B) OPERATION OF DRIVING RANGE; C) OPERATION OF PRO-SHOP-MELREESE GOLF COURSE. DISCUSSION AND DEFERMENT OF CONSIDERATION OF ACCEPT- ANCE OF: "LONGVIEW PLAT" ACCEPT SCHEMATIC DESIGN FOR BEAUTIFICATION OF CUBAN MEMORIAL PLAZA AND MEMORIAL BOULEVARD. PERSONAL APPEARANCE: PETERSON/SOUTH FLORIDA PLANNING COUNCIL CONFIRMING RESOLUTION: REQUEST SOUTH FLORIDA REGIONAL COUNCIL TO HOLD ANOTHER PUBLIC HEARING, etc. PROPOSED ORANGE BOWL IMPROVEMENTS - ESTABLISH DATE FOR STRAW -VOTE ELECTION. AWARD BID: HEAVY EQUIPMENT SERVICE FACILITY PROJECTS A) Fueling Station; B) Auto Pound Relocation DEFERMENT OF CONSIDERATION OF 1st Reading ORD. TO AMEND SECT. 64-4 ENVIRONMENTAL PRESERVATION REV.BD.e FIRST READING ORD.: AMEND RULE VIII, SECT.9 AND RULE XIII, SECT. 2, CIVIL SERVICE RULES AND REGULATIONS. DEFERMENT OF CONSIDERATION OF AGREEMENTS FOR FOOD CONCESSION STANDS IN CITY PARKS ACCEPT COMPLETED WORK- ELIZABETH VIRRICK PARK - BASKETBALL COURT - 1976 ACCEPT COMPLETED WORK - CENTRAL DRAINAGE PROJ. E-37 ACCEPT COMPLETED WORK - DRAINAGE PROJECT A-6 ACCEPT COMPLETED WORK: MORNINGSIDE PARK -BOAT RAMP EXTENSION - 1976 DEFERRAL OF CONSIDERATION OF ACCEPTANCE OF PLAT - YANIRA SUBDIVISON REQUEST PLANNING DEPARTMENT TO NOTIFY NEIGHBORS AND FURNISH COPIES OF PLAT PRIOR TO PLATTING PROCEDURES. QUIT CLAIM DEED; PROPERTY LYING IN POMONA SUB. CLAIM SETTLEMENT; MAR.* ENE AND RODOLFO VAZQUEZ FIRST READING M- 77-366 M- 77-367 M- 77-368 M- 77-369 M- 77-370 M- 77-371 R- 77-372 Discussion R- 77-373 M- 77-374.1 R- 77-374"B" R- 77-376 FIRST READING R- 77-377 R- 77-378 R- 77-379 R- 77-380 M- 77-380.1 R- 77-351 R- 77-382 63 64-- 70 70 -83 83- 92 92- 95 95- 98 98 98 116 118 118 119 120 120 121 121 122 122 123 123-12 III CI I, . SUEOPLIPRORMA SUBJECT UINANCE OR SOLUTION No, PAGE NO. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. '.53. 54. 55. 56. 57. 58. TABLE OF CONTENTS CLAIM SETTLEMENT: ROBERT A. AND VICKIE JACOBS ACQUIRE FEE SIMPLE TITLE TO PROPERTY FOR LATIN COMMUNITY RIVERFRONT PARK. APPOINT REPRESENTATIVE AND ALTERNATE TO DADE COUNTY LEAGUE OF CITIES EMERGENCY ORDINANCE: EXPENDITURES FOR LATIN AMERICAN TRADE EXHIBITION. AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT: CONCERTS,INC., FOR USE OF ORANGE BOWL STADIUM AWARD BID: DEMOLITION FOR CONSTRUCTION LITTLE RIVER MINI PARK ACCEPT BID: REROOFING OF BATHHOUSE AT EDISON PARK ACCEPT BID: CYPRESS MULCH AWARD BID: BERMUDA SOD FOR BAYFRONT PARK (97 SQ.FT.) AWARD BID: CENTRAL HIGH PRESSURE STEAM CLEANERS AWARD BID: ONE DIESEL ENGINE - FIRE DEPARTMENT CONFIRMING RESOLUTION: URGE STATE AND METRO TO PARTICIPATE IN DEVELOPMENT OF BICENTENNIAL PARK. CONFIRMING RESOLUTION: AUTHORIZE EXPENDITURE UP TO $6,000 FOR COMMISSIONER(S) AND/OR CITY MANAGER TO ATTEND C.I.P.E. OPENING COUNCIL (GUATEMALA) CONFIRMING RESOLUTION: PROVIDE FUNDS FOR COMMISSIONER PLUMMER TO ATTEND ANNUAL CONVENTION OF SISTER CITIES (IN PALM SPRINGS, CALIFORNIA) EMERGENCY ORDINANCE: PROVIDE THAT COMMISSIONER ON BOARD OF TRUSTEES FOR RETIREMENT TRUST,ETC. REPORT RECEIVED: "POLICED BY THE WHITE MALE MINORITY" DISCUSSION OF POSSIBLE CHANGE OF MONTHLY CITY COMM- ISSION PLANNING AND ZONING MEETING. PERSONAL APPEARANCE: LT. DON MARCH, M.P.D. RE: IMPLEMENTATTON OF CONSENT DECREE 77,-383 R- 77-384 R- 77-385 Ord. 8646 R- /7-386 R- 77-387 R- 77-388 R- 77-389 R- 77-390 R- 77-391 R- 77-392 R- 77-393 R- 77-394 R- 77-395 Ord. 8647 R- 77-396 124 125 125 126 127 127 128 128 129 129 130 130 131 131 132 133 134 135- 13 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * ON.THE 28TH DAY OF APRILJ 1977, THE CITY COMMISSION OF .F IAMI,ORDA MET AT IT REGULAR MEETING PLACE IN THE CITY ALL, 35u0 FAN AMERICAN RIVE, IAMI, bLORIDA IN REGULAR SESSION. THE MEETING WAS CALLED TO ORDER AT 9:20 O'CLOCK A.M. BY MAYOR MAURICE A. I-ERRE WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO BE PRESENT: ABSENT: ALSO PRESENT: JOSEEH R. GRA�SSIE, CITY MANAGER. R. L. fOSMOEN( ASSISTANT CITY MANAGER GORGE F. KNOX, CITY A ORNEY KALPH G. ON IE, LITY LERK MATTY HIRAI, ASSISTANT ITY CLERK AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG. A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED AND SECONDED AND WAS PASSED UNANIMOUSLY, 1.. REPORT ON CURRENTLY FUNDED OR COMMITTED PUBLIC IMPROVEMENT PROJECTS. COMMISSIONER J, L. PLUMMER) RJR. COMMISSIONER ROSE GORDON VICE -MAYOR IHEODQRE GIBSON MAYOR MAURICE A. FERRE COMMISSIONER MANOLO REBOSO Mayor Ferre: Good morning ladies and gentlemen. This is a regular City of Miami Commission Meeting. At this time we'll take up Item "A", which is a report to the City Commission on currently funded or committed Public Improvement Projects. Mr. City Manager. Mr. Grassie: Mr. Mayor, this report is experimental with you in a way in that it is designed to start a conversation which I wish we could have in our new Committee of the Whole Room, because I think the discussion would be facilitated in that, but we can't wait that long. So, what I want to do is start through what may turn out to be a relatively long process with you, depending on how many questions you have. I'm going to go down to the board in just a minute and start through some flip charts. If I make enough time here talking - before we get into this long process, I do want to cover one thing with you first because it is quite topical and that is simply a preliminary report to you on the results of the bid taking on Watson Island. Mrs. Gordon: On what? I didn't hear what you said. Mr. Grassie: You know the City has received bids cn Watson Island, the 26th of this month, and I simply want to give you the first result of that in just a minute. NOTE: Commissioner Reboso entered the meeting at 9:25 O'Clock A.M. Mr. Grassie: Well, while we're making time for the Mayor, just a minute, I do want to report to you and you have a memorandum in front of you from Charlie Crumpton which summarizes the five proposals that the City received on Watson Is- land. I will read them for those of you who don't have a :memorandum and we do have extra copies for the news media if you'd like them. 1, The Diplomat World Enterprises, Ltd. of Miami, Florida 2, Collins Tuttle and Company, Inc„ New York, N.Y. 3, The International Group, Long Beach, California 4, Gene Schoor Associates, New York, N.Y, 5, iiernly Brothers, Company, Muncie, Indiana. 1 r These are the five firms that made proposals to the City, The initial evaluation Of the staff is that three of these proposals are at this time not complete enough to represent ... Mayor Ferre: Well, you've already said,that you'd take two weeks. I'll tell you hoe, before you get started on a related subject, Congress passed on Tuesday, the four billon dollars Public Works bid. I was concerned,as you know,on two things which, perhaps for the record, you could've put into the record._ One was my concern that we didn't have enough projects that we were applying for, and my second concern was that we wouldn't get the impact study quickly enough to make the Conference Convention Center an application that would be accepted by government. Now, as you recall, it's going to take three months to do that, and that is going to impact all these things too, so could you start off by telling us about that? Mr. Grassie: Yes. Well, as you have indicated, of course, the legislation is just in the process now., but the City has already a list of twenty projects identified as potential candidates for these kinds of applications. They total approx- imately thirty million dollars. Mayor Ferre: Thirty million dollars? Mr. Grassie: Thirty million dollars... Mayor Ferre: For the City of Miami' Mr. Grassie: That's correct. Not all of these ,in fact, we will conclude our good projects for this particular kind of funding, but that is the 9001 from which we ar would chcose. Mayer Ferre: I think it is important that you get the Commission's indication as to, you know priority and that has not been submitted. The only reason, this is not in the form of critizism, all I'm really just saying is that I think it is essential that the Commission express its policy on these projects so that then you'll know how to make these applications, because as I understand, have you made the applications yet? Mr. Grassie: No sir.... They're not taking applications yet. Mayor Ferre: I see, so we've got time in other words. Mr. Grassie: That's correct, and just as we did the first time around we would expect to give you the list and to ask you to prioritize it. Mayor Ferre: Very good. Mr. Grassie: Now, what we are doing now is making sure that the departmental suggest- ions and requests meet the basic guidelines, so that, if they do meet those guidelines then we would bring them to you. Mayor Ferre: On the Environmental Study that's being made, the impact study, which was stated would take three months, we've been underway about six weeks now, are we about half way through? Mr. Grassie: I'd have to ask Charlie Crumpton. Charlie, do you have a date of conclusion on that? Mr. C_rumpton: the latter part of next month. Mayor Ferre: Well, by next month, are you talking about May7 Mr. C_` amptcn: May. Mayor Terre: You're talking about mid -May. Mr. Crompton: the latter ;art of Mayor ?erre: :f you get it complete by mid -May, : think you'll be alright. f you get it complete by the end of :lay, you may have _roblems, because : think the applicat- ions are probably going to have to be in very quickly now, 1 would like for you Mr. C_umptcn, througn you Mr. Manager, to call up :.ark Israel today, and I would like for the C:nznission an exact estimated sc eduie of imtlementaticn, when the ;rejects have to ,e in, how much do we estimate we're in for, T_ mean, this is twice ... last tine around, you know, we got shuffled out, because Metropolitan Dade County wrote :Metropolitan :adz County, Miami, Metropolitan Dade County in their application. *low, ''m not saying that there was any malice involved, ok? but they were being very specifi ,DPP 2 3 ,. They put Miami, Dade County, and they got all the money and we got zilch' and we had to go back and fight our way through, and I think,without...- we were the only ones that were able to-- well, maybe I should'nt be saying that too strongly, but the Federal Government was very favorable to us and we ending up getting six and a half million dollars (6.7 million dollars). Now, we were hoping to get up to nine, and that was on a two billion dollars project, and what I'd like for this Commission to know is one a four billion dollars project with a formula being different, we've had some impact, I hope, with all the letters that I've written - for the City that you've drafted and what have you, and changing the formula so tnat it would favor more areas that have severe unemployment and a lot of economic problems, like the City of Miami. So, are we going to get twenty million is my question, or twenty-five or ten? Mr. Grassie: No sir. I think that we have to start by being realistic. If we get seven and a half million dollars, which is only slightly more than we got the first time, but keep in mind that we only deserve five million dollars according to the national ... Mayor Ferre: Formula. Mr. Grassie: Average,we got seven. If we get seven and a half this next time around we will be doing very well. We'll hope for more. We'll ask for more, but, you know, we should put it in that level of realism. Mayor Ferre: Well, I guess what I'm saying is three things. One, that we need a definition of where we're at. Two, that you ought to bring it up for Commission Action, and three, that any of us, all of us, or some of us ought to get on a plane, go up to Atlanta, I think this time around with Mr. Oxley and his boss that we should not do it by phone or mail. I think we ought to really show an interest and go up there and do some lobbying, personally. Mr. Grassie: Now, briefly to conclude what I was saying about the memorandum from Mr. Crumptcn. We have five applications and just for the information of the City Commission the next process will be for the staff to do a detail analysis of all of the five proposals, particularly paying attention to the two that are more complete and to get to your recommendation with regard to the order in which we should deal with these companies. Now, Mr. Mayor and members of the City Commission, what I would like to do with you is it's going to take a little time and is going to be successful only if we treat this as an information exchange kind of process. Now, one of the things that I found from going through this material two or three times is that every time we go through this much information there are some changes that we have to make, and I suspect that as you ask questions we will find that there are some unanswered points and we're going to have to get back to you with some answers, so please do not be surprised at that, but I want to start by saying that we're talking about $135,000, 000 million dollars worth of city projects, so within that context ycu can imagine that there will be some clarifications that we're going to have to bring you in the future. What we want to do at this point is to describe for you the present circumstance of the City, and let me put it in this context. We're talking about physcial improvement projects which have beer. one way or another committed by this City, that is the City Commission has said that they would do certain things. in one device or another you have told people that you would do these things. We're not talking about things that are proposed. We're not talking about dreams or requests from City departments. We're talking about projects in every case which has been through the Commission process and you have said to someone that they would get done. Mr. Plummer: That doesn't necessary mean that they were done. Mr. Grassie: That is correct and on the second sheet you will see that we have divided these projects into five status categories, and we will get specifically into that Tuestion. The categories of projects themselves for convenience simply have been divided into fire projects, public works projects, which include categories for streets, sewers and structures, buildings, parks projects, planning and development projects which by and large are C.D. projects and then miscellaneous projects, many of which come directly out of the City Commission. This is the status question that ycu asked about. We are going to divide these projects into five different status categories. One is projects under construction, they're happening right now. The second, and please if you can try and remember these designations,because we use the ABC's as cedes as we go through these charts. "A" projects are under construction. "E" are in design and are adequately funded. "C" projects are funded not started, but they are completely funded. "D" projects are committed but have insufficent funding at this time. That means there as some funding, but it is insufficient to complete the project, "E" projects are projects which have been : r000sed and agreed to by the City. In some process we have said that we would do these things and these are not funded at a-_. .. :'!bank goodness the answer to that when we get to the end of the report would be "no", APR 2 81977 Mayor retie: Mt. Grassie, the difference between B and C is that in process of designing it. We have the adequate funding, but we're in designing it. "B" the we're in the middle of Mr. Grassie: That is correct. Mayor Ferre: to "C" the design process is finished, Mr, Grassie: !o, in "C" the design process has not started. Nothing has started about the project with the exception that the funding has been secured. Mayor Ferre: 1 see, in other words, "C" does not have any design or work done,,. Mr. Grassie: No work, other than financial preparation has been done on projects in category "C". Mayor Ferre: Very good. Mr. Grassie: Shall we turn them around for you Commissioner? Well, the progression, the reason that they are in the A through E is that "A" is either in process or virt- ually done, and as you go through the alphabet down to "E" you get less and less accomplishable in the sense that projects that are in category "E" do not even have funding, that's simply the rational. Now, let's start with the first example, and we're starting with the easier ones by the way. This is the fire project, under construction we have Station 5, I think that you all know that this is the station that is adejacent to the Incinerator, the City Incinerator. About 65% completed. In design we have nothing. We have these projects that are funded and this is the fire bond issue. We have Station 10, a new Station 9, a new Station 4, a new Station 14, and an Administration Building, and a new training facility. That is five million three hundred and seventy thousand dollars worth of projects. In this case, in the case of fire projects we have none that are committed with insufficient funding and none that are that are proposed unfunded. Mr. Plummer. Mr. Grassie? Mr. Grassie: Question Commissioner? Mr. Plummer: Yes sir. When was this approved by the Commission? Mr. Grassie: The Fire Chief submitted to the City Commission a list of his recommend- ations, priorities about two and a half months ago. At that point you discussed it very briefly, had no disagreement with it and approved it in principle by resolution. Mayor Ferrp: And, we approved it again, I think, if I recall on the meeting of the 14th when we got an update of the fire, from the fire, --- there was a thick memorandum that 1 read through it and it all this stuff in it. tor -- Mr. Grassie: That's correct.... the Fire Chief. Mr. Plummer: Yes, but 1 don't recall approving it, but if you say it has, check the records... :Mayor Ferre: Well, why don't you have the clerk send copies of all this so we can go over it? I'll tell you the only question I have Joe and that's in that question of an Administration Building. You know, I've been saying all along that :'m a firm believer that we when we build a Fire Department for the year of 2000, I mean a Police Building for the year of 2CCO that, when I went down there the thing that impressed me was a tremendous amount of room available there, and since the Fire :eparttment doesn't really require that much space, rather than going cut and spending $870,000 it seems to re that that ought to become a public safety building. M � .^i er t train f t N ? :'Sr. Grassie: Could ask you_ pe �;ss_ n _o int ,.p_ that__ n o ought .ayor. What I would lice to do today is to not discuss the merits of these protects. My only reason for saying that is that we're never going to get the purpose accomplished if we do that, and you have already gone through a'_1 of these protects. Mr. P1::r: er: Ck. 1' 11 abide by that Joe, and I think you're right, but one of the reascns that I asked when this was approved, your item 6 there, the training facility, ok, in my estimation from the word go ever reading he document that the Mayor referred to, I have some very, very serious problems there, and : don't ever recall getting into the meat of the vubject to the point of which two million three huhdr_d thousand are coma tted to acc.ng to that I've had the ocper :unit'r to debate it or discuss it, Mr, Grassie: .at se t;"y and u_ that in context, there are at least two kinds of 4 AC© r.n1r'?'7 Major commitment or processes that are represented by the lists that you are going to see. One, is specific detail analysis and decision on a project by the City Commission; but another way that we cotn<nit projects and this is particularly true for example, in street projects, sewer projects, and happens to be true of his list of fire projects is that when the City Commission approves a bond issue, i.n that bond issue announcement, where you tell the citizens what you're going to accomplish we are considering that a commitment on the part of the City, Now, some of these things ate committed to citizens in that sense, and, particularly where they are bond supported you will find that the basic commitment is of that type, Now, it doesn't mean that that you cannot make modifications. Mr. Plummer: You also will find as I have found in this Commission over the years, that the wording is always somehow brought about,`'Let's leave ourselves the flexibility. Mr. Grassie: No question about it, there is flexibility. Mr. Plummer: And, believe me sometimes that flexibility is strange beyond the imagination . MIr. Grassie: I tend to agree. This is simply the kind of summary that we're going to have to each of the seven categories that we showed, each of the seven project categories that we showed you. Under construction you'll see that we have about half a million dollars, nothing in design. Funded and not started is over five million dollars, and the rest of it is pretty straight forward. Now, on this chart I want to comment, be- cause you're going to see this in every trouping. I want to comment on what's at the bottom of the chart. What we're trying to do here is to give you some indication of the capacity of the system. The capacity of the City to accomplish the work that is funded or in design, and what we're doing here is asking ourselves, if we were a private Engineering Firm, and we had x-amount of resources to devote to five million dollars of work, how long would it take us to get it done? The Fire Department has about one and a half the equivalent of, one and a half man-years to devote to managing this work for them. At that rate and assuming that they could administer 1.6 million per year based on that level on man power we're talking which represents by the way, only 2% of construction cost, that's the cost of administering the work. At that rate it will take 3.3 years for them to accomplish the work that is already funded if they don't take on any additional work. These are street projects, the first category "A" under construction, I'm not going to read all of these, but the basic point that I want you to see is that we have eight projects on this page. Under construction right now, we have approximately four and a half million dollars of work. You can see that some of it is complete virtually, and some of it is just in the process of getting started, that's four and a half million dollars worth of projects right now. Mr. Grimm: is North of 54th Street from the Boulevard, West of 4th Court, no, it's North of 62nd Street. 62nd to about 79th and from the Boulevard, West of 4th Court. Mr. Grassie: This is the second category of the street projects in design, We have six of these. You can see that we have 2.7 million dollars worth of work in design right now. These are projects that are funded and not started. Funding for street projects as you know, basically comes from street bond money. You have eleven on this page, Now, I don't know,we'11 take just a minute in case you want to run your eye down the work that is funded, and not started. I'm sorry... Mrs. Gordon: What is the anticipation for the start up? Mr. Grassie: Let me give you an estimate of that as soon as we get to the summary page for the street projects. Mrs. Gordon: .... the sheet before that one for a minute please. M!r. Grassie: This is 2.7 million dollars worth of work which is in design right now. Mrs. Gordon: But, not, they're just in design, the next step is already completed design, the next page that you... Nr. Grassie: You remember that you had four and a half million dollars that's in construction. You have 2.7 m:l_ion dollars which is in design. Mrs. Gordon: CI:, and the next sheet. Mx. Grassie: The next sheet, and this takes more than one sheet, so this is will I'm not answering you immediately, but 'cu can Sae that we have eleven projects here that are funded,not started. We have a total of twenty-four projects funded and not started in this category, that's a total of 13.6 million dollars worth of street work. You can see that some of the projects, one million dollars, two million dollars, one and 5 APR 9R1077 half million ate large projects. We have no projects with insufficient funding and hOne that are committed without funding. Basically, the commitment of street projects is through the bond process, so in this case we do not get in the business of having unfunded projects. This is a summary sheet: Approximately, four and half Million under construction, 2.7 million in design, you can see that we have 13.6 that is not started. Now, here we get to the question of how fast can we get done what is already funded, the projects that we already have money for, and based on using 5.5 people which is what the Public Works Department has to do this kind of work, They can design and administer 2,4 million dollars worth of work in street projects and that is for design and administration of the projects only .3.5% of project cost and at that rate it's going to take us 5,6 years to do presently funded work. Going to Sewer Projects then, .... like a minute to take a look at that, Going to sewer projects and following the same format, under construction right now we have 7,6 million dollars worth of sewer work. The basic commitment for sewer work as you know is through the bond process,that's how the projects are selected. We have two million dollars in design. Mayor Ferre: Is -that $i5,000 _ at Bicentennial for the purposes of docking boats and all of that... Mr. Grassie: That is correct sir. Category "C" funded and not started. We have a long list of projects, fifteen in total, some of them are quite large, you can see that some of these projects run six million dollars a piece. We have a total of 26.9 million dollars funded and not started work in sewers. Nothing for the same reason that we gave in streets, nothing with insufficient funding and nothing that has been proposed that's not funded at all. Summarizing again, when we take what's under construction, what's in design, and what is not started we've got a total of 36.5 million dollars worth of sewer workthat the City can get accomplished. We have eleven people in Public Works, who work at this kind of design and administration charging the project 3.5% that's going to take us approximately five and a half years to get presently committed work accomplished. These are structures projects. Under construction, most of the structure projects turn out to be demolition right now, but we have the Incinerator as ycu can see the Auto Pound, Chevron Station, these axe all things that you're acquainted with. The total of $454,000 in process right now. In design we have... Mr. Plummer_ Joe, I'm sorry, back up. You know, maybe it's_my age and my memory is failing me. Have we approved the -Auto -Pound Under I-95? Mr. Grassie: Yes in this sense Commissioner. What you have instructed us to do is to get the heavy equipment garage facility accomplished. Let the contracts,and to get that accomplished on time and make sure the City does not lose that federal grant, and one of the things that had to be done to get that accomplished was to move the Auto Pound,' and that is part of the heavy equipment garage process. Mr. Plummer: .. In other words, that's where... Mr. Grassie: The promise that we made to ycu was that if we had to go out to Fern Isle that we would bring the question back to you. .Mr._Plummer: But I don't remembe• specifically this Commission approving the Auto _Pound Under the 1-95. Mr. Grassie: Cnly in the sense that it was part of the project that has approval and is going forward and was brought to your attention. :ass. Gordon: : would agree with you fir. Plummier we approved something else but we did'nt approve that. Mr. Plummer: Rose, please, you know, here again, I just don't remember, so what you're saying is that really my mind is not failing, I don't recall it Mr. Grassie: No, it's part of that project. as ... Mayor Ferre: Again, would you get the clerk to give us the exact wording of what was voted upon, so we don't have any discussion on this? Mr. Grassie: Certainly. Mr. Plummer: $:324,0007 Mr. Grassie: These are structure protects, we're back on what is in design, We've got ., 3 million. Structure projects, most or them going irmn paw=:s, wh'24c are =_.1 1,4v4n, Father Gibson: Let me ,sic, you talk about Grated Avenue Park, where do you mean? g Unidentified Speaker: Yes, I believe that is a C.D. Project, which is going to be located on Grand Avenue and what street? Mr. Fosmoen: It's Old Smokey Commissioner, Commissioner Gibson, it's the Old Smokey Park Improvement Project around the Incinerator. Mr. Grassie: Does that answer the question Commissioner? The park around the Incinerator #2, I believe it's called. Mt. Plummer: Called Old Smokey. Father Gibson: Have you all arrived at a conclusion what you're going to do with that road? Mr. Grassie: Are you talking about Jefferson Commissioner? Jefferson, my impression is that, you know, I saw this four months ago , but my impression is that Jefferson was to be closed in that block between the school and the park and all of that was to be developed as a park. Father Gibson: I want to make sure you all, look, you all asked us about that? Mr. Grassie: What's the status of it, Al? Mr. Howard: Yes, it was proposed to the Commission sometime ago to close that road. Father Gibson: You proposed, ok, just make sure we understand now. I don't want you to be closing off that street and we the Commission don't know it, see we get the same flack that we got at Edison Little River at that school. Grassie: Why don't we plan on bringing you a status report on that specific project. Father Gibson: You better. You better, because you know there's a legend behind that Old Smokey thing, and, Mummer you know it. T_ don't know Rose if you know it. Mrs. Gordon: I know it and... • Mr. Grassie: Let's get that on the agenda. Father Gibson: Don't touch it until you come here ncw. Ok? Mr. Grassie: Let's get that on the agenda. I :night say that one of the things that we anticipated in talking about this presentation is it would raise a lot of questions, and we expect that. I happen to think that's healthy, you know, we're not happy with everything we see and I'm sure that you aren't, but one of the reasons we're doing this for you is so that in fact you have one more way of being reminded of what's happening, and you know if we can report on some specific things that's of concern to you we want to do that. We're talking about the summary for structures. You can see that we have about half a million that's under construction, 1.3 million in design, not started 1.2 million, and that pretty much summarizes. You can see that in terms of man power commitments that we're talking about less than a year to get these accomplished, so in this case things looks manageable. Now, I want to go to this part of the report which is more difficult. Here we're talking about park projects, and I want to start by simply reminding you of where some of the commitments started, and that was basically through the Parks for People Bond Process and the way that bond issue was advertised before it was voted on. You remember that initially projects were assigned in these seven districts and each district had a :money dollar allocation. We have some percent- ages here in terms of how each district works out as part of the city, but we're going to be referring to these nine districts, in order, starting with 41. We're going to refer to all the Projects in these nine districts on the Parks for People Bond money and at the time that we talk about Parks for People money in each district we will also be talking about additional funds have been committed to projects in these districts, principally C.D. funds but sometimes Federal Revenue Sharing. Mrs. Gordon: May I ask you a question? About two months or more ago I asked and this Commission approved the funding for an audit. Have you received the audit? Mr. Grassie: We have not. We have been pushing the auditors for the last two weeks to get that accomplished. They have it promised it for ... you know, they've had to change the dates about three times. Mayor Ferry: Well, what's the date now? :"r. Grassie: But, they have promised it for today, aril r.het be=ore we're ou of here today we will have that report. 7 APR 2E 1971 r Mayor Ferre: alright, now, I want to make sure that we don't misunderstand this because sometime some people think you may switch these things around as to mean something else other than what it means. This is what the people of Miami voted for in the bond issue back in 1972, is that correct? Mr. Grassie: That is correct the vote was in 1972. Mayor Ferre: In other words, it isn't that the City of Miami Commission wants to spend 67.9% of the total in the downtown area, that's what the people of Miami voted for when they approved this bond issue. Is that correct? Mr. Grassie: That was the initial allocation that was presented to the voters before... Mayor Ferre: Ok. I just want to make that clear on the record. Mrs. Gordon: I think it's also important to stress that the validation of those bonds were predicated upon the distribution being adhered to as presented on that chart, I assume that's the way that the presentation confirms the pamphlets that were distributed. Mr. Grassie: That is correct, and by the way, copies of those pamphlets are still available. Mayor Ferre: Yes, and the implementation you see is always that now we were switching around monies from one area to another and that is not the case? Is that correct Mr. Grassie? Mr. Grassie: Let me go through the seven districts and answer you specifically, rather than general. Mayor Ferre: Alright, then before you do that I want to also remind the public for th. record that this was challenged in court, that there was a lawsuit taken to the Supreme Court on exactly that point and that the City of Miami won that case in the Supreme Court before the validation to sceci=ically state that that's what we could do and that's what we're doing. Mr. Plummer: I would like you to answer the question you started to answer. r. Grassie: The one with regard to ... Mr. Plummer: Has money been ... :!r. Grassie: No, what I indicated Commissioner was that I would prefer to answer that specifically rather than give you a general answer. If we can go through the nine districts you will have a specific answer rather than a generalization. Mr. Plummer: Alright. Mr. Grassie: We're going to start with District I, well no, we're going to start with . the financial summary, I think that we have to run through this summary, and maybe T_ will take just a minute or two for you to look at it, but what we're trying to do here, I want to explain the heading, so that you'll know what you're reading. When we say 1972-74 allocation what we mean by that is that for the bond prospectus a certain amount of money was allocated to District I. A Citizens Task Force in 1974 met and determined to re -allocate some of the money earmarked for District I as well as all the other districts but a Citizens Task Force re -allocated money internally within each district. What we're indicating to you here that the amount of money available per district for each district remains the same, although ..he internal distribution of that money within a district was changed through that citizens participation =recess. Mayor Ferre: I might point cut that those are very active committees, because I remember _he one in downtown, my goodness that was down at that :Methodist Church and they used to have some real gu_nhoe fights. As a matter cf fact, that was just thinking back a little bit, that's cne of the things that get cne of :ay cpponents in 1973 started, because she was and I'm talking about Gloria Calhoun, she was _ think, either the Chairman, or the Co-Chairrerscn cf that district, and there was a lot of fighting coins cn, but basically, think this Commission, and at that time 1 was .zrer:.m Mayor, I was not the Mayor of Miami, I was _nterim Mayor from March through August of 73. This Commission pretty well adopted all cf the recommendations and : can't remember of one exception. In other words, it was the Citizens Task Forces that tame cut, and somebody me if :'m wrong, but I want to say this into the :eccrd. We had Citizens Task Forces that came out with S;e^' " ^ recommendations and that's what we adhered to. ?liner: The first column 72-74 allocation, a you indicating that that was given to the people to vote uperi? 6 ATIO ,s107 Mt. Grassier That's correct. In other words, the amount of S586,750 was the total allocated to District II in the initial brochure that advertised the bond proposal, and it is also the amount with which the Citizen Task Force dealt when they were talking about how utuch money should go to what projects in District II, Mr. Plummer: a ♦;t The one in question is VI. Mr. Grassie: That's correct and what I'm trying to give you here is a summary, if we can wait until we get District VI we're going to talc about what happens specifically there, but I want to do a couple of other things on this summary. You see that at the bottom of this column which we've titled remaining allocation after pro -ration. We're talking about city-wide expenses and I want to show you on the next sheet.... Mayor Ferrer Well, wait a minute, before that..,, are you going to come back to this sheet, ok? Mr, Grassie: I'm going to come back to this one. I want to show you what this $746,000 which is city-wide expenses is made-up of. We are talking about the Velodrome which is a project which was not in the initial bond issue. It was not considered and consequently there's no place to put it. Then we're talking about park equipment, furniture, landscaping, things that have been distributed to all the parks -$374,000. Appraisals, incidentals expenses - $85,000, and the Preliminary bond expenses of 77,000. The point that I'm :raking is that City-wide expenses, expenses that'ean consider overhead or general, that don't apply to any particular district are only in this amount and what we have done,, and I must confess done arbitrarily, is we have taken that $746,000 distributed it on a pro-rata basis to all the districts so that the amount of money remaining for each district is decreased proportionally to cover city-wide expenses. So you can see for example in District I we've lost $10,000 because of that process. This is current balance. We're going to see when we talk about each district how we get to this figure and anything you want to we can come back to the summary figure and you can see how it matches up with the figure we have here. Mrs. Gordon: What is our correct balance? Mr. Grassie: That is... Mrs. Gordon: Mr. Grassie: :rs. Gordon: :4r. Grassie: district. Would be balance? Well, P for P is Parks for People. Ok, what do you mean current balance? That is the amount of money which remains Mrs. Gordon: It's impossible. not spent or encumbered in each Mr. Grassia: Well, let us go through the detail of each district and then if you still feel it's impossible then we can talk about that. Remember we're talking about spent or encumbered,rigrt? Encumbered means that the City Commission has put aside the money for a certain purpose or that we have incurred an obligation like a contract to spend the money and consequently the money is encumbered, ok , and then the last column is simply other resources principally C.D. funds, of course. Parks for. People,sir. This is money not spent or elcumbered at this stage,and the last column is other sources of money, nct Parks for People which have been made available for these districts and when you add the =_nencumbered balance and the other sources of funds we have a total of 7.7 million dollars available to complete work in these districts. Mrs. Gordon: Question on other resources balance, is that also including any contribut- ions federal or state or county contributions for parks? Mr. Grassie: may have been Mrs. Gordon: Mr. Grassie: Mayor Fer: e : Mr, Nraas_e: Mayor 'erre: Remaining unspent, yes. This is not a history of you know, things that spent some time ago, this is remaining balances. It is only on C.D. funds, but other ... That is correct, any available resource, ... Yes, wait a minute Is There any acc_pt.cn to that, That does not ino2.?.ce counter cYClioal, sneer r.o'o .he o n e cyC .4oa 9 APR 1g77 Mk. Plutttner: That's got nothing to do with the PafkS fofr Bondt, f'ydr Ferre: Yes, in other words , . , , Mr. Grassie: This is only for park iinproveltent monies, Mayor Ferre: Ok, so, yes, but we do for example have some Community beveiapMent Funds being used for park improvements. You've got, mite, for example, fot tideiits ennial Park, I mean Bayfront Park, Mr. Grassie: You will see that detail Mayor Ferre: So, in other words of that $3,856,000 these are other souroeS that we have in addition to the $3,846,099 which is what's left from Parks for People money, alright? Mrs. Gordon: In other words, $7,000,000 thats... Mr. Grassie: Uncommitted' balance of Parks for People honey is 3.8 million. Other sources of money mostly C.D. is also 3.856 million. Mrs. Gordon: Uncommitted ,_is that what you said that was? Mayor Ferre: No it's committed, but not... Mr. Grassie: Well, it is identified by district and by project. Mrs. Gordon: But not... Mr. Grassie: Now, that is not to say that some possible modification, you know, wouldn't be possible because of course you could make modifications, but the money has been identified by project. Mrs. Gordon: Alright. I sorry I have to ask you to repeat then what you said when you explained the estimated P fcr P balance and you said that was t:ncommitted,all the others were already committed, meaning the second column was committed to a specific project, but the third column was not. Mr. Grassie: We have to talk about two kinds of cormmitment. We nave to talk about a colicy level commitment at your level, and we have to talk about a financial commit- ment. Now, all of this money is committed at a policy level, in other words, you have identified projects which cover all of this money and more, ok? Mrs. Gordon: By the bond issue passing. Mr. Grassie: Policy level. From a financial point of view, this money from a bookkeeper's point of view; This money is not committed in the sense that we have not sent a contract. You have not authorized going ahead with a specific project that takes up this money, ok. Mr. Plummer: It's designated but not committed. Mayor Ferre: Well, I assume that we're following the task force's recommendations. Mr. Grassie: No question about it. Mayor Ferre: Ck, as long as we're doing that, you know , and :'m not about to change that, personally, I mean my vote wouldn't go for any chances other than what . , ..... . unless we re -constituted the task forces. Now, let re ask you this, the minus (-$1,482,000) Joe, I don't understand that. Mr. Grassie: Let me talk about that specifically. Yes, when we get to District IX which is the cne that has this negative balance which means that the district is over., spent. Mayor Terre: Which is District _Y again? Mr. Grassie: District IX is Coconut Grove basically,up to Bayshore, Mr. Plummer; Let tie ask you a question, the last column <.3 mi licry, La the hank? is that money M,r, Grassie: ?es. We12. , I say yes , no, some of it is third year :.",o- eV whicn in fact we're not going to rsoieve :.nu:. August 1 believe , nut.., Mayor :Terre: That's geed enough. 10 In 51977 IP Mt. Grassie: It's like in the bank. Mayor Ferre: Wait a minute.;,, Excuse me, have we sold the total $9,890,000 bonds? Mt. Grassie: No sir. Mayor Ferre: We have not, flow much of the $39,000,000? Mr. Grassie: $28,000,000, I think there's 11.5 million still to be sold& Mayor Ferre: That didn't go out in that last group of Mr. Grassie: That is correct it did not. Mayor Ferre: I'll tell you I hope Jim Gunderson would move quickly on that I think, because otherwise we're going to get ourselves, I think, you know, with the good experience that we had two weeks ago I think we ought to really try to move quickly now on this other. Now, of course you've got to keep in balance the millage situation, because right now our total debt is $105,000,000 and now you've sold $28,000,000 so you're going to be up to $132,000,000 and you've got to be careful with that so that we don't get way outof whack on that,but I might point out that the S105,000,000 is 2.8 million of access value, and therefore we're significantly, I mean, that's a very conservative position. Mr. Grassie: Well, the Fiance Director, Jim Gunderson, is,as one of his regular duties engaged in debt management and planning for retirement of debts, so one of the things that he does take into consideration is how fast you can Pile up these bond issues. You know just from the point of view of impact on the taxpayers. He's conscious of that and I'm sure that he will time that for the best advantage of the city. Well, let's move to specific answers to the questions that you had about some of these districts. The ones that -we're going to want to spend most time are-Diatrict VI- and - District IX, but I want to go through everyone so that you see where we stand. Now different from the other summaries, , in the other projects we were talking about specific projects that had a dollar allocation for each project. The thing that we have to keep in mind or we're going to become terribly con- fused about this presentation because we did it at a staff level. We have to keen in mind that we're talking about allocations not to projects but allocations to districts. Mrs. Gordon: I find this an interesting presentation and I want to express myself because you said you had not received the audit yet you have very specific figures which relate to matters that were requested to be made available to us from the audit and I find it curious that you have it and you haven't received the audit, so how did you get it? Are these your own estimates? Mr. Grassie: Well, Commissioner, I don't whether you have some idea that the City has no financial records other than audited figures. You know, the only thing an auditor has is our records. Mrs. Gordon: I understand, but... Mr. Grassie: All they do is summaries them. Mrs. Gordon: I understand exactly what you're saying, but I still find it curious that you have this here and you have it today and we're waiting momentarily for a :messenger to arrive horseback or some other way with an audit. Mr. Grassie: Well, Commissioner, you know who our auditors are. Now, unless you're implying that they're dishonest, I would suggest to you that you ask them whether they could've gotten this audit to us any faster when they get here today and I suggest that we listen to the answer. Mr. Plummer: Well, let's don't drop it there. Rose, you knew what the man is telling you? Let me tell you what he is telling you, exactly what he told you when we voted on this audit, that they had the figures, that the figures were correct but you insisted and I'm not finding disagreement that somebody outside should check it. Now, all he is doing here now is no more than using the figures he said he had before. Mayor Ferre: before you get the audit.... Mr. Plummer: Yes, because it's going to be interesting to see if there's any difference between this and the audit. Either Rose is going to be right or she is going to be wrong. Mrs, Gordon: : didn't ;hake any accusations J.L. so it's not a right or wrong factor, _fact audits are not it's simply a clan=_ic3t�on ter, if in fact,let me state. If �:� necessary because the City is so fantastically perfect in bookkeeping, then we should APR 261977 not have any audits at all, ever. Mr. PluMMer: Well, Rose the chatter says,,, Mayor Fette: Wait, wait a Minute ,,. excuse me, let me antWer that. Mrs, Gordon: Ok. I've said my piece that's it. Mayor Ferre: We have an audit once a year. For ua to go into special audits is to cast a cloud of doubt on either,one, the ability of the City of Miami to account for numbers or two,the integrity of the people that are doing it, and it's that simple. Now, we'll have an answer Very quickly, Mr. Grassie: I must confess that I'm pleased at the 4-iming, the way this is working out, that in fact we can get this report to you before the auditors get here, but it wasn't planned and what I'm suggesting to you is that if you think it was planned that way that you ask them when they get here today. Now, one other thing, I'm willing to wager with any of you - a significant amount that our figures are going to be less than one-half of one percent difference than what the auditors come in with. Now, that's just a guess, but we'll see. Well, shall we take District I, as simply an example? We'll spend a little more time on this. Let's talk about this simply as an example, we start out with a budget which is S556,000, you understand the process of applying for that city-wide projects. We're down to $546,000. Now, what we're showing you here is first 1972 commitment this is what appeared in the bond prospectds 1974 change this is what the citizens did, and you can see that there are some, not in this case of significance but in some districts there are very significant changes made between 72 and 74. Mere is one for example, in Eaton you can see that they cut that project in half. Now, the third column is what has been spent out of the S546,000- $413,000 has been spent. Some of the projects are over, some of the projects are undo/ If_the project has a negative balance like this, like Eaton, it means of the $113,000 that was set aside we spent $124,000,- we've+got a negative balance of $11,000. Other projects like for example, Legion which remembering our code 3 is in design right now. Legion still has a significant balance. The red check simply means that the project has been completed in a sense that everything that the citizens felt needed_to be done in the project has been done. Now, obviously, I'm sorry Vince I keep doing this to you. Cbviously, what we have then remaining is a balance and -this is the balance that we talked about and it's :made-up of the money over here, ck? When you balance this cut it's made-up of that money. This is the balance that we talked about on the summary sheet. We can go back to that if you wish a little later. This does the same thing for Edison Little River, you can see the amount of money we start with, you can see what has been spent or encumbered and ycu can see the balance. Now in this case we have very significant amounts o: additional funds and these are entirely C.D. funds in the case of this district. Significant amounts of other funds, a total of one million dollars which are available for some of these projects. We have zeros :.ere that's : guess not strictly correct in that these projects are in design already, but we simply did not pull cut how much money for design purposes has been spent, but these projects are all in design right now. Now, again, see we only have $200,000 of ?arks for People :coney, but we've got one million dollars of C.D. money, but it's going to be spent in Edison Little River. District :=:, we started with $2,800,000. You can see that we've spent $843,000, we've got a very significant $2,000,000 dollars to go. La addition to that we've got C.D. :money $78,000. Mr. Plummer: How much of that $843,000 is African Square? I don't see anything that represents this... :"r. Grassie: $843,000 i:; !LX Commissioner. Part of it is in const_^uct_cn and part of it is in design right now. We started out with $2,000,000. We've spent $629,000. We have 1.3 million left. P1ur er• Ck. :n other words of what .you're calling remaining bend funds, t.':e greatest portion of that is dedicated to :LX Boulevard. Mx. Grassie: That's correct. :"r. Plummer: So, when you say we got a lot of money la=t, it's left to do a committed ro:ect of ..3 mill -ion cut of two million. Grassie: Let me say it again, our position is that every = enny of this money is -cmmitted at a policy level and that's the distinction 1 was :making earlier. committed = ro jects for these districts taking all the :honey available. `"r. Plummer: Right. M. Grassie: When we say bookkeeping balance. •••••' =1' there is a balance remaining we're talking d Gl1t =+`fie AMA n o 4f1'71 Mt. Plummer: I understand. Mt. Grassie: This is District IV. We start out with 1.4 million approximately • You can see that we spent almost $800,000, $600,000 remaining. We're talking about $255,000 from C.D., which is also going to be spent in this district, so we have still to be spent $870,000 This is the Culmer/Wynwood Area - District V, you've been hearing a little bit about this lately, We've got over 1.6 million to start with. Now, maybe we should spend a couple of minutes on some of these projects simply to emphasize what we've already said and that is,for example, in the case of Dixie. Dixie Park started out as $600,000 project, it was increased by the citizens to $900,000. The way that was done was the Dorsey Park which also started out as a $600,000 project was cut, and the money was_ actually :roved to Dixie. Mayor Ferre: Again into the record that all of these things were done by citizens groups who met on many, many occasions, public hearings properly advertised and finally came up for a final public hearing before the City of Miami Commission in which every- body who wanted had the opportunity to express their opinion and that I do not remember one case where the Commission of Miami changed what the recommending committee suggested. Father Gibson: Mr. Manager, it might do all of us some good if you report_ to this Commission what happened at that forum you }crow, .. , Mr. Grassie: Are you talking Commissioner about the meeting called by the Urban League and the Chamber for Saturday, two weeks ago in Culmer? Father Gibson: No, I'm talking about that Friday discussion, you know, the Community Relations Board thing, you know. Maybe you need to...,did you answer those questions that the people were raising about Dixie Park.... well, wait a minute let me do it this way... Mr. Mayor and members of the Commission, that community is upset that Dixie Park is not operating. Now, maybe you need to tell us,because we're going to have to answer that question, and you ought to tell us right now, don't go any further, tell us right new what's happening, because you can't convince me that a pool, you know, just shut down just so. I read two memorandums that didn't jive with that story in the paper that's why I wanted you all there and I would appreciate if you all explain and report to the Commission so that,Mr. Reboso, you better hear this because you're going to have to answer this Buddy, you're the main eye, ok? Alrght, sir, I want to hear you because I want to have these answers. Mr. Grassie: After the Community Relations Board meeting of Friday Commissioner, I think you know that I also tarticipated in an all day session in the Culmer neighborhood itself, and in my estimation that second meeting was probably more useful in that it had much more participation from citizens who were active in the Overtown Culmer Areas, but as a consequence of both of these meetings that day,Saturday, I believe,I asked our staff, Al Howard specifically to get the Dixie Park pool opened as quickly as possible, work is being done on it right now and he tells me that it should be done by May 20th. Does that answer the question sir? Father Gibson: Yes sir. I just want to make sure those people had their pool. Mr. Grassie: They've been working on it for three weeks. Two weeks,I'm sorry. Mr. Plummer: .... because I'm going to tell you this is the first I know about .t alright sir , that I think the more serious question has to be answered is since Father has obviously indicated a suspicion of why it was closed and I have not heard the answer to that, was it as I read between the lines done arbitrarily, was there a reason for it? I think that's the more serious question that has to be answered. Mr. Grassie: The pool was closed for a period of one month as it is every year, I under- stand for routine maintenance. During that Period of time,the pool suffered about $15,000 worth of vandalism damage. Mr. Plummer: Vandalism? Mr. Grassie: Vandalism damage. Very severe vandalism damage. Mayor Ferre: Now, you're talking about the pool? Mr. Grassie: At Dixie Park. Mayor Ferre: At Dixie Park, which has been the subject of editorials and newspaper stories and what have you. Mr. Grassie: Yes. Again, I'm willing to answer all of these questions, I would suggest co you that if we're going to get any purpose served by this process we're going to have 13 APR 28197 t to hold some o these things, you know, but that is the answer, and we, in the last two weeks have MUilding the facility and it should be done by the end of May, Mayor Fevre: By the end of May, so it'll be open for the summer. Mt. Plummer: I'd like to see some pictures,which t'm sure you have of the vaiidal3.Sm, Mr, Grassie: We have extensive pictures in the files, yes, Mr. Plummer Please, I'd like copies. Mayor Ferree Is that what you call Mr. Grassie: Well, no it was a serious incident and I think that the possibility of having to close the pool was a serious matter. Mayor Ferre: Well, I mean we've been working toward refurbishing and to re -open shortly. Mr. Grassie: Yes. Mayor Ferre: You are'nt just waiving Mr. Grassie: No, no, it's been in process Mr. Plummer: $15,000 for vandalism that's setting it back. Father Gibson: Yes, but J.L. ...well, I'm not going to deal with that. The Commission ought to know that those people were very disturbed that that pool stayed out all that time Mayor Ferre: I'll tell you I'd like to take just an aside, I'm sorry, I know you don't want us to do this Joe, and I promise to refrain from doing it more than absolutely necessary, but I think that Father, as I understand his point, and let me take it out of Dixie and cut it over to Roberto Clemente ?ark, which used to be called Wynwood Park. Let me tell you what happened there. We had a situation where all those kids were knocking out all the lights and what have you and that's changed, why, because we got a bunch of those kids and the people there they took pride and we got them involved. I would recommend one of the things we ought to do is take all these kids and get them involved ... it's not just building the swimming pools,keeping them to believe and participate and be part of the people that are taking care of the cool. That's all I want to say. Mr. Grassie: That process is underway right now 4ayor. Now, I don't know, because we have had.more discussion of District V than normal lately you know want to spend a little more time on it, but basically what it shows is that we spew about $560,000. There's 1.1 million still to be spent and in addition from C.D. funds, we have another $414,000 committed to that area, so there's about 1.5 million dollars still to be invested in District V. Father Gibson: This may be good, bad cr-'different. Since T_ report to bad I'm want..to reccrt the good . Mr. Mayor you was not there last night, but Martin Fine gave you a very good plug about that meeting Saturday that you was talking about and the useful participation and so cn. You need to know that he along with several of those people you saw Saturday was from the ghetto to the bay slogan and I would think, don't know r. Manager, I would think that if they was satisfied Saturday, that might have stopped that tempest in the tea pot, hopefully, you know, and 1 think the fact that he said what he said at that dinner last night, I think you was there, wasn't you? Mr. Grassie: Yes, I was there sir. Father Gibson: And, that at least gives you a little hope because he was very disturbed that we were not doing any more, I guess visably so than we were doing in that area. Mayor Ferre: You know, let me just add this to it. In a lot of these thi:gs ,:oe, there are good reasons and real reasons why things like this... Now, the tempest to the tea pot is just the good reason. It isn't the real reason, but where I think we perhaps are world wide, : think we are neglient is in communicating better.-- You know, I think we are doing things. We are moving. We are making substantial process. Things are happen, ag, but 1 don't think that we're getting the information out, and I think that's,.., this is great, but you see, let me tej', you what's going to happen. This is so much. and there's so much to arsorb here, tat you know what's going to happen. You've had thirty negative stories and you're going co get maybe one positive story somewhere c4 page three or four, ok, and what ='m saying is perhaps is we address ourselves 14 rnfsfA A A 4/47�! to these things on a weekly basis and make these for release as to how we're progress- ing, perhaps we might get our story across a little bit better. The same faith may come to it. They may just ignore because it's not negative, but at least we've done our job. Mr. Grassie: I think two processes probably need to take place Mr. Mayor. One, in what we're trying to do today is to get the world in enough of it's context for you so that when we bring you individual kinds of decisions you can relate it to something that is meaningful in the sense that you see the whole picture and I agree with you that the whole picture is very hard to get across,but we want the context for the next ten things that you look at. Father Gibson: Let me ask another thing that you said this morning that I thought was very important that needs to be really put in When you was at that forum and also the meeting on Saturday, did we hammer away that whatever was changed say in that Culmer Area was changed by the Citizens Committee, that's very important. Now, the reason for that Mr. Grassie is I just want to show you how people do. Plummer raised a question earlier about the Auto Pound business, you remember Rose, a very sad thing was that your staff was mislead or was your staff was lead to believe one thing, the people there was lead to think another and was not your staff's fault and I think unless those people are told, say well you know the people who are over here change these figures and the people over here made these choices, we didn't make them that's what you all did just like you indicated here ...continue to feel above, some- body made the decision for us which is not true. Mr. Grassie: You're right Commissioner and we did emphasize that on Saturday and I think that the story get across you know reasonably well,at least for that occasion. Mrs. Gordon: I'd just like to say for the record that I was present for the Friday forum and Staurday all day and I can reiteriate the concern of the people and a real deep concern about being uprooted from the area for any reason whatsoever they do not want to leave Culler. They want to remain in Culmer but they would like to see Curer vitalized with businesses, with new dwellings and so forth and so on and they have a eery valid point and I agree with them. Mr. Grassie: Now, I'm going to try and move through the rest of these if we can . This is District VI, you may want to look at this just a little bit more carefully than you may have some of the others because you're talking about $26,000,000 an excess of $26,000,000 here and one thing that I want to point out to you specifically is that the Bayfront/Bicentennial Park Project and you remember that that was a master plan for a complete development and this of course includes what has been identified separately as Ball 'Point and so on, but that whole development Bali Point, F.E.C., Bicentennial, that whole improvement was listed for $24,000,000, that remained the same. We have spent or encumbered, remember what we said about encumbered, which is a City Commission process. We have spent or encumbered $24.4 million, that leaves us a bigger $122,000 negative. Mrs. Gordon: I have a question for you. Mr. Grassie, please, the encumbered you're speaking about still encumbering Ball Point? Mr. Grassie: No, no, ma'am, but you have encumbered $11.5 million specifically for this project, you've set it aside for this project,what we're indicating to you is that the actions that you've taken already, that is between encumbered money, putting it aside for this project and spending money has already spent the money available. Mrs. Gordon: I would like if you would be able to give us a break -down , a specific dollar figure break. -down or. those kinds of numbers that you are showing us. Mr. Grassie: It's very easy to do and we're be happy to do it. Father Gibson: Apart, Mr. Manager, of our problem, there's an awful lot of people, in order to excite the public and be negative would have the people believe that the money that they was Going to use in the Culmer Area, that they had agreed to use in the Culmer Area was going over to that very same project. Now, I think if we do nothing else and this isn't the only... T_ hate to admit this, this is not only the people in the Culmer Area's thinking, but this is also some of the top people that you were talking with on Saturday. Now, whether they told you that or not I _an vouch =• _ upon an oath, sworn testimony that was the attitude a lot oft- r"b feeling because the statement was said to me, "look man what arePitting up there for , that you know we had from the Chetto to the Bay", and I hope the newspaper would do us a favor by tell- ing the public that we didn't really spend that Culmer money on Biscayne Blvd, that that money is still set aside, you know, please for Gcdsake, we have eroug:: problems in this city, we fon't need to have that one. Plummer: ::night be losing my memory :•L. Grassie , but already : have a profit of $$2,36I and you don't have what percentage is completed, 15 APR 2S197r q t. Grassie: Thank goodness some of this,problems if you wish to view it as a problem,is money that you have put in the bank. Now, in answer to your question, yes, I can tell you specifically where the money went, t only have one copy of this, but in a minute I can make you more copies if you wish. I will read off the big numbers, Fine, good staff, we have copies for you. We thought you might ask about this one. The basic story that you see there is that you have unsold bonds on reserve of $11,540,000 which we talked about earlier. I'll just deal with the big figures, you have a lot of smaller ones there, but you see that you have $3,445,000 which is what the courts have asked us to put aside for the F.E.C. acquisition. you see that you already spent 5,2 million for the development of Bicentennial and Bayfront, and you see that the City Commission by resolution authorized the reserve of $3,400,000, Mrs. Gordon: What is that, will you explain that? Mt. Grassie: For F.E.C. Well, that is a reserve which was set aside by the city Commission for the F.B.C. property by resolution. ►Mrs. Gordon: Alright, but you have 3,445 above for the same purpose. Mr. Grassie: No ma'am. Mr. Plummer: That's already been spent. Mr. Grassie: No, that is for the three parcels that we were in court on and you had to put the money up assuming that you were going to buy them. Mrs. Gordon: The resolution you're referring to, do know the date of it? Mr. Grassie: Well, it's a 1974 resolution. I can find it very easily. Resolution 74-362. Mrs. Gordon: I think the total of $3,400,000 and $3,400,045 are for the same land area, am I correct? So, therefore we have a total of $7,000,000 there. Mr. Grassie: No ma'am. Mr. Grimm. Excuse me, let me see if I can explain it to you. Maybe you'll remember the earlier presentation we made on this. The original resolution, and I don't remember whether it was this number or not Mrs. Gordon, but the Commission set aside the 11.54 of unsold bonds, plus 10 something, 10.8 or something, my memory tells me of bonds remaining in the Cowntown Area for aceusition of the F.E.C., they then subsequently substracted from that total the amount of money to develop Bicentennial Park, Bayfront Park and to put the 3.4 or 3.5 in the registry of the court for the F.E.C. Now, the balance of that money is the 3.4 . Mrs. Gordon: That's ok, but the way I added up just on a rough additional computatio:' I see funds available for the F.F.C. acquisition counting the three parcels purchase dollar and the reserve as authorized resolution dollars and the unsold bond dollars as being quite a large amount of money. Mr. Grimm: Yes, it depends on how you do your arithmetic, you know if you consider what you spent as allocated to the F.B.C. then you come up with something like $18,000, 000, Mrs. Gordon: Yes, right. Mr. Gri n: If you consider that the money for the three parcels is already spent then you're something like 514, 000, 000 left as officially allocated for F.E.C. Mrs. Gordon: : consider it as a down payment on a vehicle is the same thing. You have to pay a balance that's due, but on the other hand it's still part and parcel of the same piece cf machinery. Mom. Grassie: You asked for the specific figures, I think that they're in front of you Commissioner. r. Plummer: er: No, no they're not. Let tie tell you why they're nct. vow do you break down the unsold bonds on reserve; what is that for? Mr. Grassie: Sir, you Specifically as a Ccmmlission sa d that we ahould hcla ".hat money back for the ? pr=`' b t b_ . ,:,, .access and .at as been ..u_ aside. :'. . Plt=.zaer; Wha.t you're telling me you have remaining :or aomus.ai eon .s :,,cis;cat,l 14,9, 16 APR 28197 Mr. Grassie: Exactly, which is what we told you six months ago, yes it Mrs. Gordon: Yes, you also have to consider that you ate acquiring... have you laid the money to F.E.C. yet, or has that been turned over, is that still held in the bank? Mr. Grassie: It's in escrow. Mr. Plummer: It's as good as gone.,..,., Mrs. Gordon: Right, so the properties ate still not acquired and the dollars have still not been spent and the total of the dollars that we have here amount to almost 19 or 20 million dollars which is the monies that are available for the P.E.C. Mr. Grassie: I don't think that we need to argue about whether or not money that the court is holding is spent or not. It's clear what is available .... Mrs. Gordon: 0r what it's being spent for, there's no question. Mayor Ferre: She's technically right in saying that there are as I count anyway, $18,500,000 that have not been spent other than 3.4 million for the F.E.C. acquisition, 3.4. million earmarked for the F.E.C. and 11.540 to be unsold bonds, so if you'll add that up you'll get 18.5 million dollars of bends that technically could be earmarked and used for the acquisition of the F.E.C. property. Mr. Plummer: How much? Mayor Ferre: I say 18.5 :pillion. I didn't add them, I just, you know, looked at them... Mr. Plummer: Well, you have $14,000,000 flat that's the wad ''m looking Mayor Ferre: Plus $13.445,000. Mr. Plummer: No... Mrs. Gordon: The total is 18.4 million. Mayor Ferret Hey, I was wrong by $100,000. Mrs. Gordon: Something like that. Ok. Mr. Plummer: .... Almost 15 is correct. Mr. Grassie: Well, can we proceed? I think that you understand what we're trying to point up here with regard to the problem that exist, you can see what remains here by way of a balance. You can see that we brought in some smaller amounts of additional :ponies, so we have $881,000 at this stage. This the Little Havana/Shenandoah District, we started out with 1.9 million. We spent almost 1.5 :pillion, we have a small $416,000 balance. Mrs. Gordon: Isn't there any C.D. monies for that area at all? Mr. Grassie: I think on the next page Commissioner, yes, these are all funds which have come out of the C.D. process plus an additional grant, different than C.A. that totals, well 1.1 million, so that we have still remaining over 1.5 million for the Little Havana Area. Some of this is Third Year money. Some of this is Third Year :Honey which has not physically been received but is committed. Father Gibson.: I'*: sorry to raise this out of place but it came to my mind. I wish I had thought about it when we were on the Grove Area. A man wrote us... well, alright, because a man wrote us a sting in there Mr. Grassie: That's coming right... Are we satisfied on this one? Mayor Ferre: Well, let me look one more time. Mrs. Gordon; Are you going to give us a copy of these sheets? 1r. Grassie; Yes. Mrs. Gordon; Ok, and then. a;Y'e 'you also going to give us the break -down of each of the districts on the numbers", , tar. Gras .e; T_' Ml going to give you every nwrcer and every title that you have on every chart that you've looked at, 17 APR 281977 Mts. Gordon: ok. Mayor Forte: addition, oh, Mt. Grassie: Well now on Domino Park, we've already spent rote money, what's that that's for the bathroom:, I retehber. This is second phase, rather Gibson: Mr. Manager, Mr. Grassie; Yes sir. Father Gibson: I'm always talking about that bad , but I learned it's always important to say some good. I was involved in that Domino business, I'll never forget tongue lashes to death, but if you're talking about people who use public facilities, I want to tell you something, man, that money we spent there is really successful and I just thought I better put that into the record, because I had to say to the ladies, said,'you know maybe you don't like Dominoes, you like something else,''but I said"I like collard greens and I don't want you to bother my collard greens,'you know, and I just thought I ought to say this. Mayor Ferre: Ok. Mr. Grassie: This is District VIII, Flagami, we start out with one-half million dollars. We've spent $338,000, we have $181,000 left as I say simply to repeat the answer that I gave earlier. Every figure and every piece of information that you have on all of these charts will be given to you as a packet as soon as we're done here. This is District I:{, the last district, this is the so-called Coconut Grove/3rickell tistrict. This is different than the others in the sense that it is the only district in which , present expenditures exceed the initial allocation of money. You see that we started out with approximately $3,000,000. We have spent 4.5 million dollars. Now, this is 4.5 million dollars of ... Mayer Ferre: Is that mainly because of the property we purchased? Mr, Grassie: it is entirely because of the property that you purchased for Kennedy ?ark, Mayor Ferre: At where? At Kennedy? Mt. Grassie: Kennedy, yes. So,consequently in this case we end up with a negative almost 1.5 million dollars. That negative balance is possible in this district only because all of the .money has not been spent in other districts. Implicit in this figure is a problem for every other district. some place and I'm simply pointing that out to you as part of the overview that we are trying to take. Proposed solutions will have to come out of future discussions. What we want to make you aware of at this stage is the status of a very large number of projects considering everything funded,in design, under ccnstruction,but this is a problem which has not been addressed and has not been resolved at this stage. yLrs. Gordon: Would you turn back to number six, if you don't mind? : noticed in almost all of the districts there were scme C.D. dollars allocated but here, can you tell me if there any that are contemplated? Mr. Grassie: are right and process under downtown. Mrs. Gordon: Grassie: Mrs. Gordon: I guess so, all I can do is reflect the history of the C.D. process, you some of the people downtown appointed this out, that the decision raking C.D. has not resulted in allocating any significant amounts of money to : guess we :ave County C.D. money for Flagler, but that's all. don't sae any,for _lagler Street Beautification, you mean? County, County money. But you're not counting that on the analysis though? M . Grassie: it's also not a park project. it's a street project. ,Mrs. Gordon: Well, that's more of the answer than it is that it's County Morley, r..oc City money, because Ianc had asked you have shown in other districts cts the County's contvibuticn. Grassie: : ••re t r+r 7 o the ; t 1 . 7 �ha �./r a^; That :.S �44_. -ctr err e:i,iRr3�Tt erriPrv��..�a-L 31?ti�. s.w'�'�T�'s �+S 4�:�5 '•r�=t shows County money. mayor Ferro. 5....�y.��7!R `!I r4thertA 18 ADC Fathet Gibson: Mr. Mayor, maybe you .can help us to answer that, this is on the Grove thing because the ... Maybe we ought to let you answer that gentleman who wtote us that stinging letter about the velodtomef was that it? Mayor Ferree Velodrome, yes. Father Gibson: I don't know if we have the answer and I think perhaps if we wete to turn over the letter... Mayor Ferre: We got the answer it's the same old answer. Tell them what it is. Father Gibson: Well, let's tell it in public, so that,... Mayor Ferret Well, we've told it in public before. Mr. Grassie: Well, I have not seen the answer sir, but certainly if you would like to get an answer for some letter that you received we'll do it. Mayor Ferre: No sir, the question is why is the Velodrome project as proposed and approved by this Commission as I recall unanimously not proceed? The answer is the same answer that we got four months ago and that is that Metropolitan Dade County stopped it and the reason is they're using the technical reason on.., first they used water, now they're using sewerage as the reason. Is that correct? Now the other thing is that we can't touch the mangroves, ok? Mr. Plummer: No bathrooms and no lights. h Father Gibson: I think we ought to write that gentleman a letter. Mayor Ferre: I've already sent it on to Mr. Father Gibson: Beautiful. Mr. Plummer: Thats what happen when you give them $400,000,000 gift of water and sewers they turn around and use it against you. That's gratitude or greed. ' Mr. Mayor. I think we ought to write um Grassie for him to ... Mayor Ferre: Let's go on. Alright. Mr. Grassie: This a summary for IX as you can see, you can see the problem that we have here, then we have other resources and this gets to the question of, I think that you are all acquainted with these first three projects but let me point out specifically Dinner Key, This money 4.3 million dollars is in addition to Parks for People money that you saw on the previous page, so you're talking about a project that's approximately 7.5 million dollars. This is Kennedy. Mr. Plummer: Oh, oh. Mayor Ferre: This is the... you know, Dinner Key, is a all parks in the vicinity from ... Mr. Grassie: From Peacock to Kennedy. Mayor Ferre: From Peacock to Kenndey. classification for Mr. Grassie: So we're saying because of the Dinner Key Master Plan. I'': simply bringing that to ycur attention, other funds in that amount and you see them detailed right here where they came from, other funds in this amount were used, plus the approximately 2.2 :million from the bond funds. Now, before we go to the summary let me emphasize again something that I've said a couple of times but T_ want to make sure that ycu are hearing me. The amount of :Honey .... + just want to make sure that we are communicating cn this one =oint. The amount of money that's available by districts with the exception of District IX, we have balances, but you also have to be aware that you have commitments which at one point were ccsted out project budgetswere established in excess of the amount of :Honey that we have in each district, and let me say that a different way. We still have a balance in each district checking amount. We have said that we would do things that costed more than that balance. The process we have to go through is to do the projects that we can do for the amount of money that's available, and : simply want to make sure that we're communicating cn that ore point. We do not have project budgets in these districts, we have district budgets, that's different from all of the other things that we've been talking tout. It's different from a street project or sewer project. :ere we have district budgets for parks, and we have to do parks within that district budget, and we have shown you one case in which that didn't work, which is the Coconut Grove :sea. Very good, let's summarize it, Under construction then we currently have about i, 9 mil? icn. In design or acquisition we have 4.4, mill .cn, 19 APR 231977 Not started, but funded we have 3.3 million, that's the total of 7,7 million that we said we had as park money that still was available to do things, to construct things. Committed with insufficient funds we have 1.4 million and we have nothing that is proposed without funding. So, we're talking about a total in all of these categories of 11 million dollars. Now, the resources available to do this work and we have several departments that do part of this work. Public Works would do about 1.5 million, they have eight and one-half people to do it, they can get their work done in less than a year. The Parks Department has to do about $800,000 worth of work and for this kind of work we're talking about a cost of about 5% of project, they have almost two people to do and it would take them a little less than 3 years to get their work done. In the case of the Planning Department and the support that they give for the Parks and Recreation Bond they're doing 3.5 million dollars, two people are devoted, we're calculating at the rate of 2% and we're talking about a little over 2 years to get it done. Property acquisition you can see we have about one year and one-half of work to do. Well, what we're trying to do in that case is to put in context for you how_._ quickly things can happen they we don't take on a single project more. Ifwe_ _d_o_n't�__ take on any new work this is the kind of time schedule that we're on. Mr. Plummer: Question. Mr. Grassie: Yes sir. Mr. Plummer: Referring back to this page whatever you want to call it 3ayfront/ Bicentennial Park. Mr. Grassie: It's a detail of that one account of $24,000,000. Mr. Plummer: The question that I would like to ask of the unsold bonds on reserve ... the figure 11.5 is any of that money committed for other than acquisition ofF.E.C' Property. Mr. Grassie: Well you have not specified that it had to be acquisition. You have committed it for the F.E.C. development and presumably if you want to make it all for acquisition that is perfectly within the context of what you've done so far. Mr. Plummer: What does that throw any of your other figures out of balar �e? Mx. Grassie: No sir. Mr. Plummer: In other words, what other monies have been committed in that district? Are. any of the monies that have been committed out of that 11.5 million? Mr. Grassie: Ch yes. Exactly the same problem exists in this District V' as exists in every other district and that is for example, if you're going to spend another 1.5 million dollars to improve Bayfront, you know, the traditional Eayfront Park, new you saw on the chart that you only got about a balance of $600,000 so you immediately... Mr. Plummer: Joe, go back to that chart... well, you show_spent or encumbered and you show many other figures such as Lummus , Mini Parks, Pace, Riverfront, Watson .sland, all of those, am I to assume that those figures are coming out of the 11.5 million? Mr. Grassie: No. No this is the amount of money that has already been, well, scent or encumbered in the sense that you've encumbered money right there in that sheet that you have. Mr. Plummer: But the reserve is not reflected in there? Mr. Grassie: Yes, that's encumbered. It's one of the encumbered figures. Mr. Plummer: Reserve is not reflected in the unsold bonds, in ether words there are 3.4 million of bends that have been sold that are being held in reserve. Mayer Terre: :•r, Grassie: Mr. Plummer: That's right, as per Resolution 74-362. No. The point I' n trying to make Mr. Grassi x. Grassie: Which $3,300,000 are you talking about? Mr, ?iu er: Cr is +h 3 do we ,,. Rignt here... here's the reserve here. Do we ready have $15,":'00,DG0 ofmill cn part othe fit. ? 1wCA. a Mr. Graeeie; The 3.4 million ' not part: •• The �s - r �. , or the 1i. o Rit,1,''.+r4n: 20 ADD 111771 Mr. Piuim r: Ok.of the 11.5 million that have not been sold ate ahy of those tuflds dedicated cou fitted or spent for other than acquisition? Mr. Grassie: No. Mr, Plummer: Alright, that's gives Me the true picture, Mayor Ferre: Very cleat. Mrs. Gordon: May I ask you a question regarding the Riverftont? What is anticipated that the one million unspent estimated balance would be used for, do you know off hand? Mr. Grassie: My impression is that that money in all likelihood, some of it;would be because of the shortage of funds in other projects would probably be distriubted to some project like Bayfront, but you will want to spend some of this money for the Riverfront Project itself which is, you know, the riverwalk all the way up to .... Mayor Ferre: And, that was earmarked when the people voted for it•Rose. Mrs. Gordon: I know but there's been other switching in other districts and here and there has been quite a bit of it in this district toc. I wanted to know if there was a plan for the estimated one million dollars balance. Is there? Mr. Grassie: What we hoped to do as a seccnd step is to get into the discussion with you of how we solve the problem. This is the problem, and it's a problem that we're trying to get in context for you for every construction fund of the city. Now, the second step and you know, I don't think that we can do it today, but the second step that we want to get into with you is alright, if these are the projects that remain to be done and this is the money that we have to do it, now what choices are we going to make and I think that that is a subsequent step which ought to follow this one. Mrs. Gordon: In cther words, that million logically could be re -allocated if it was prioritized to be more important. Mr. Grassie: If you find it logical and you know... Mrs. Gordon: For the necessary dollars to complete the F.E.C. purchase. Mayor Ferre: Mr. Grassie, I'm going to tell you that I will not make any,personally will not do anything until that committee is reconstituted and we get the input because this is their recommendation and I'm nct going against it until they re -think this thing, and give us their advice. Mr. Grassie: I would urge you not to open up that particular discussion right now so we can get through this. :ors. Gordon: Alright, except that when you bring us back the figures if you will support.. the recommendations of the committee that supported the expenditure for Bicentennial and Bayfront in the allocations that we had made. I'd like that reported with evidence. Mr. Grassie: What I would like to do as soon as we get through this process is to talk with you briefly about how we take the next'step. Mayor Ferre: How much longer is this process going to take? It's 11:00 o'clock Mr. Grassie: T_ would have liked to have been done Mayor and if we can hold this sort of thing I'll try and get done, I have one other set and graphs. Mayor Ferre: icw long will it take in your opinion without interruptions? Mr. Grassie: Without interruptions sir I can be done in not more than fifteen minutes probably ten. Mayor Ferre: Alright, at 11:15 one way or the other I'm going to stop and we're going to listen to the committee that's been waiting here for an hour now. Mr. Grassie: I'm willing, Well, we've talked about this sheet Basically this shows where we stand. I'm not going to take a lot of time on this. This is a number of projects that we call planning and development. We have demolition of unsafe structures, historic : reservations, so cn . Basically aside f_ bn this one problem of the nowntown people !dcver .n which we have a co_ioy commitment wit -out sufficient funding at this t...a:e, With th_s except: or. this set of projects is moving along and there's no particular problem, 21 APR 281977 Mayor Ferre: Wait a minute, don't flip it let, I just want to see it. I'm not trying to interrupt. Funded but not started, ok. Mt. Grassie: Now, in some cases like for example, the pre -fund that's not strictly true. There has been sicnificant work done, but we haven't spent a lot of money. Planning Development Summary, you can see we've got $50,000 under construction, and design $150,000 - $691,000 yet to do, we have this the People Mover commitment which is unfunded at this point and basically with the resources that we have available we can get this done in two years, These are miscellaneous projects, they come from all sorts of places • 0nder construction we have the heavy equipment service facility and we have in design right now the Convention Center and the Dinner Key Auditorium, that's a total of $15,000,000 in design, not started, basically we have the Virginia Key Land Fill, but this is funded and we've got Watson Island, which we don't have a specific source of money but you already have taken some general policy indications as to where the money would probably come from for that project, but we're listing it that way at this point. You should that Watson Island because that is $22.5 million is the bulk of the projects that are proposed and not funded, so you'll want to remember that figure. Now, it may be well to run down this list in some detail because some of these projects Mr. Mayor are projects that the Commission has been particularly interested in. An additional development of Dinner Key is not funded at this time. The 3ayfront auditorium renovations again is a project not funded. Orange Bowl renovations, buildings A & 3 of the Little Havana Center that's 2.7 million, we show it here and let me point this out because it speaks to the question of how projects get on this list. This particular project is on the list in a sense that the City Commission has indicated a willingness to do it by authorizing a Public Works grant for the first round, ok, so while the project is not funded you have authorized it only on the basis that we would do it if we got the funds. We have not gotten the funds. It is something you said you wanted to do, that's why the project is up here, ok. Bayfront Park Phase IV - 2.5 million dollars. I think that you know the Stone Plan and some of the things that are not funded at this point. Utility ship dockage at the Underwood Marine - Some of you knc this better as a Monty Trainor project- again we have it in the not funded category. So that's a total of 13,2 million dollars of unfunded projects. Mayor Ferre: You're going to get all the copies of all this stuff, right? Mr. Grassie: Yes sir, Mayor Ferre: Everyone of these sheets? Mr. Grassie: Every sheet that I am showing you is reduced to typing and you will get it. The miscellaneous projects summary then under construction 2.7 million. We have in design 15 million funded but not started only one-half million dollars committed with insufficient funds and again remember this is Watson Island 22.5 million and proposed but not funded another 13 million. This is the category, this miscellaneous category is the category in which we have less sureness with regard to the funding of the projects that we have proposed. Well, I'd rather not because you know, we're I guess we're planning to become realistic and you 'know it's cne of the things that we have to talk about., but part of the realism is cutting all of that in context, you know, one cr two projects isolated always can he pointed to, but I think that there summary is instructive. We've taken the seven categories that we've talked of so far from fire all the way down to the miscellaneous 'rojects and when you take the under construction coign, that's things that are tng right now. we have almost 18 million dollars worth of work in process right now. In design right now we've got more than 25 million dollars worth of work, When'you talk about funded and not started but where the funding is assured, this is guaranted funding, we're tal_kinc about almost 52 million dollars worth of work. When you talk about committed projects with insufficient funding we've got 26 almost 27 million but remember that the big chunk of that is the 22.5 million in Watson. and proposed projects that funded at all we've get 13 million dollars so you're talking about a total project that have been considered funded, design, in construction in some phase of almost 135 :million dollars, now that's a context that we wanted to put these _rejects in fcr ycu. Let me do one other thing, cne of the things that the City Commission and the City generally gets criticized for is the .•:uestion cf timing, you know, why are ycu so slew, why is it the case... Mayor Ferre: Mr. Grassie: 1977 and ycu and I've got Well, why are you so fast? Sometimes. Why is it the case the voters vote in 1972 and here it is know, XYZ projects still isn't done? I guess what I want to snow you .s, about three minutes to do it... Vince, can we start en the next chart? Mayor ='erre: Wait, wait a minute, alright, 124 million dollars that's the total, but of that 40 million dollars is unfunded. =''d like to put it in another way, clot so that perhaps we can try to ne positive even ;.:tough it may not come out that way. We've got over 90 million dollars of projects that are either under construction, in design, 22 of funded but not started: That rears that we've got the Money, ut've got the fesaufces, we've got the plan and we're underway with over 90 Million dollars wofth of projects, ok. Mt. Plummer: This is not included in the 2t Miiliot for housingt Mr. Grassie: That's correct; Mayor Ferret And out of... Mr. Grassie: This is strictly things that we're doing th house, you know, with our own resources. Mayor :Terre: And out of the 40 million, the 44 million that we do not have funding for 22 which we have funding for, 22 which is half of it is Watson Island, which is a special thing all by itself, ok. Mr. Grassie: That's correct. What I'm trying to do here is simply bring to you some examples of how a project develops, you knew, what happens to a project, why does it take as long as sometimes it takes, and we're simply going to run through some examples. These are years across the too, these are the basic elements of a project, first you have to decide that something is needed and you have to select the project,decide to do it, next you have to program for it and you get into land acquisition, you have to do schematic design, you have to do the development design, this is where you actually get into the architecture, then you have to do the kind of working drawings which are necessary for contractors, so that you can let bids, you have to go through the bidding process and then you have to finally bid it, you have to construct it. Mayor :Terre: 11 years really to get a project like that. Mr. Grassie:. :Mayor, this is Kennedy Park, now let me, you know , one of the things that we're trying to show you is that it took seven and one-half years just to get the land question decided. Mr. Plummer: No, no, not by us, but by the courts. Mr. Grassie: Well, I not saying it was you. We're not assigning blame, you know, what we're trying to say is ... Mr. Plummer: Identify the villain. Mr. Grassie: Well, Mrs. Gordon: And also the deficit that was caused by that. Mr. Grassie: What we're trying to do is talk about realism. We're trying to talk about what happens to us when we get into these projects, you knew, in some City Commission 11 years or so ago started to talk about Kennedy Park and decided it should be done, and all I'm saying to you is let's understand why in June of 1975 we finally completed the project, you know, that's all we're saying, that's an example. Lets take the next one. This again, is years, this is the Conference Center and here we had a kind of an unusual problem, but you see they were talking about a fifteen year process now this project went through significant programming and land acquistion years and years went all the way down to working drawings and bid specifications and was stopped. A hiatus, nothing happened, you started all the way back at programming again and that's the :recess you've been on, so you ask _yourself, you know, we've been taking about it a lcng time, that's right. Mayor ?erne: Well, but there's a reason that we took it to the voters and the voters turned it down. Mr. Grassie: :Mayor, in my estimation there's probably a reason for everyone of these things. All I'm doing is, let's talk about what's real with regard to projects the city has to manage. Latin Riverfront, we're still dealing in years, and this is April of 1977, we're six years into the project, we're still fighting about land. Mayor =erne: Well, we lost mostly, we lost against Mr. Cox. :.'s. Grassie: Yes, but we're trying again, Mayor Terre: ' rs. Gordon: What did :you say, ;you're trying again? Mr. is_ass e; We're igQ3 ng tp try again. We :eve not given lip the prQ4ect ='':'s is 4 Of) • typical street project. I've got to run through because my time with you is running Up. A typical street project, you can see which one it is running through this process you still end up with an 18 month process. This is a typical,.. this is about $300,000 project, 18-months that's the way it goes, This is a typical HaMMOnd Sanitary Sewer, this is a typical sewer project more money, but we're talking about a process which may take as much as 34-months, Mayor Ferrer You scared me for a moment, I thought those were years. Mr, Grassier No sir, we reverted to months, This is Fire'Station #5, the one by the Incinerator, I think you all have seen it, from the time somebody decided that it lead to be done, we had very little land acquisition time, you know one month, because it's our land, but we're talking about a process that's going to take us about 35-months. Now, that's typical of a $750,000 Fire Station kind of a project. Domino Park, the first part of this project is the park itself, we got that completed in about 20-months. We finished it in August of 1976, turned right around and decided we had to do something more to it so we're in that process right now. This is Little Havana Neighborhood Facility, you see we didn't choose all easy ones, but we're into this project about 28-months now and we've got some months to go. The big thing in this, and you know it's different from some of the other projects where what takes a lot of time as land acquisition or took a lot of time in this case was schematic design because we had a lot of involvement with the agencies deciding who was going to go where and how much space it wouldn't take. This is a Chevron Station, we took this thing all the way to award of bids in a very short, relative short period of time, changed our minds, started again, did another schematic design, did a third schematic design, now we're taking it to demolition. Mrs. Gordon: May I ask you a question Mr. Grassie? Can we actually demolish the building we haven't taken title to? Mr. Grassie: Yes, in terms of the position of the court, it's not a question of whether or not we can take title of the property, it's a question of how much we have to pay for it, that's the only remaining question. Mrs. Gordon: Aren't they battling us on the taking? Mr. Grassie: I'm simply giving you.my,interpretation of where we stand legally, George you correct me. My interpretation is that the question that remains is how much do we pay? Is that right? ck . This is the last one, just to try to finish on an upbeat, this is a major project, we're talking about an excess of S3,000,000 and we expect to have this completed. You can see how quickly this is moving along. We expect to have it completed within about 26-months. Mayor Ferre: Mr. Grassie, several months ago or a year ago there was a report made by the United States Civil Rights Commission:Florida Committee in which it equally �. criticized the City of Miami and Metropolitan Dade County Public Service Department for discrimination in what they call institutionalized discrimination. We ended up getting all the headline, we ended up getting all the editorials, we ended up getting all the criticism, Metro didn't get any. Now, with that as a preference, I ask you with what you've outlined this morning, in your opinion the way Government functions, is any other Government, Grand Rapids, or any other Government that you studied as a consultant when you were a consultant or as a petitioner when you was City Manager, or in your opinion you feel that, let's say a Government like Metropolitan Dade County, are we significantly different? I said significantly different from what most govern- mental local agencies have to go through, does it take usually two years to get a project going, does it usually take one-year and cne-half to get Domino Park going, does it take the time that we normally take, are we significantly different? Mr. Grassie: Unfortunately we're typical. ':fiat's not very gccd, but we're typical. Now, we've chosen scme difficult projects. Latin Riverfront, Little Havana Center, Kennedy ?ark, and the Conference Center, these are not easy projects to show you. We could have shown you a lot of easier projects but no that happens to government all the time, all over the country. 24 'APR 28197 s � 2. MEP REPORT BY CITY ATTORNEY ON CONDEMNATION AND H1FtN6 OF OCUNSEL TO ASSIST, Mayor Terre: Are there any questions? Mrs, Gordon: Yes, I have a question, ;•iz, Knox, Would you please George, clarify if you can for me now and if you can't then send it in a memorandum, the acutal appeal that F.E.C. has taken with regard to the three small parcels, It bugs me that we don't have title and that we are demolishing property to which we are still in court, you know, with an appeal and then second question quickly, have you made agreement for the attorney to work with you on the condemnation? Mr. Knox: Regarding the first question :Mrs. Gordon, I'll send you a memorandum because I'm going to investigate to see exactly what the situation is. Mrs. Gordon: Alright, I appreciate that. Mr. Knox: Regarding the second question, I did pursuant to the Commission's wishes consult with Mr. John Farrell concerning the Commission's wish that he be billed, or that he bill the City on an hourly basis for his legal services and he indicated that there are no circumstances under which he would work on an hourly basis. Where- upon we contacted Mr. Leon Black and offered him the position that has been taken by the City Commission and he indicated that he would have to speak to his law partners about it and give us an answer about whether or not his firm would take the job on an hourly basis. There is another practical problem associated with Mr. Leon Black, that he also wanted to talk to his partners about and that is that he's on the other side _ of a condemnation action involved in Latin Riverfront Park, I believe. We're still awaiting a decision from Nr. Black as to whether or not he will accept it under the terms and conditions as proposed by the Commission. Mrs. Gordon: When do you suppose you might have a final answer to report to us? At the next meeting or today? Mr. Knox: Well, perhaps by the next meeting, now, someone from my office talked to him on Tuesday and asked him if he could have an answer by this meeting, but he has not responded. Mrs. Gordon: Thank you. Mayor Ferre: Mr. Grassie, I would also like for you to invite the attorneys that we retained, Mr. Bailey and Associates to report to the Commission after one year and one- half or two that they've been working on the so-called Bali Point title question, that they would come back and tell us where we stand and what they've done and the hours expeneded and all that. As I recall we spent, what was it--- $50,000 - $25,000 ---- Mr. Grassie: $25,000 Mayor. Mayor Ferre: Was it $25,000 that we spent so far and I'd like an update, it's been one and one-half year since they've started,or two. Mr. Grassie: Just for clarification they are on their own meter at this point. Mayor Ferre: I know, but that's exactly what I'm worried about is that they've been paid and they've got, and they're not really living up to a commitment that they made, that once they ran out of the$25,000 or whatever it was to take it on; I want to k now where they stand, when does the Appel' ate Court going to hear it, etc., etc. Mr. Plummer: Mr. Knox, is there any suit by F.E.C., this is a rumor I heard and I'm unaware, is there any suit by F.E.C. about having the right to out a Holiday Inn on that property? Is there a suit such as that pending to your knowledge? Mr. Knox: No, not to my knowledge, now one cf the parcels, one of these three small parcels that Mrs. Gordon referred to earlier, it was a lease between F.E.C. and Holiday Inn but... Mayor Ferre: That's right. Let me explain that. If from what I hear and again it's a rumor. The suit is between the people who had the right to put the Holiday Inn n at one tire and the F.E.C. not the City of Miami. Mr. Fluzr er: Ck, it doesn't involve us st a.14. Mayor Ferre: Not the City Of Miami. It's between theta, 25 APR 281977 Mt. PlutMer: Fine. Mayor Ferre: Are there any further questions, if not, Mr, Grassie, I would certainly like to recognize publicly and on the record,/ think this was really a Very thorough job. I congratulate you and staff for doing a good job. 3. AUDITORS' REPORT; Pecs FOR PEOPLE Boren ISSUE. Mr. Grassie: I'd like to wrap that up Mr. Mayor by telling you that the Auditors are here and they tell me that they have your Parks for People Audit Report. Mayor Ferret You sense of timing is rather impressive. Alright, Mr. Auditor, on the record, were you prompted to do this this way so that the timing of it or is this a... or it just works out that this is the timing that you happened to finish your aduit? Mr. Jurgensmeyer: It was prompted only by the speed of our typists. Mayor Ferre: alright sir that's cn the record. Your name fcr the record so that we... Mr. Jurgensmeyer: I'm Dick Jurgensmeyer from our Audit Department with Peat, Marwick & Mitchell. I have with me Glenn Gilbert who was a supervisor. Glenn is familiar with all the details of the report so I have asked him to join me. Basically, the report that we've given we applied certain procedures agreed upon with Jim Gunderson to the records of the city. The report we've handed you basically there's two schedules. Schedule I, which is a recap of the funds available, both from the Parks for People 1 Bond Issue and also funds that we used from Federal Grants and other sources. We tried to reconcile between total funds what_went into each part. Schedule_II is a recap of the appropriations, expenditures,. and nc encumberaes by source_ of_ funds for each park,__coming down to the end of that schedule which gives you the total of all funds received the appropriations, expenditures, and encur..berances and the unappropriated balance as of February 28, 1977. Mayor Ferre: alright, any questions of Mr. Jurgensmeyer? Obviously we're going to have to study and read this and I would recommend that you be available at the next Commission meeting for further discussion on this item. Mr. Jurgensmeyer: Very good. Mayor Ferre: Are there any questions at this time? If not, thank you very much for your report. We're happy that it was so timely and that was strictly a coincidence. Mrs. Gordon: Mr. Grassie, cn the sheets that you handed out or had handed out to us the spent or encumbered break -down, will you have those available for us in the next few days or so? Mr. Grassie: The sheet that you have in your hand... Mrs. Gordon: The question that I asked you before when you showed us those sheets, I asked you to give us more specifics on the projects than a lump sum allocation. Mr. Grassie: I'm sorry, the only one that I remember that you asked about was the $24,000,000 for Bayfront/Bicentennial which we just gave you, new is there another one that you would want it on? Mrs. Gordon: No, I asked it as a broad question for information Tore specifically, it says, Lemon City committed... no I'll take committed x-number of dollars spent cr encumbered $2S4,000 de0' ^' want to know is what is contained within Edison that is taking to ,know more specific. so that we might know another one. Edison .alance, but what up $294,000? : want Mayor Ferre: alright, that's a general question. It's new 11:27 , would you answer that in writings Mr. Grassie? Mrs. Gordon: Well, he can't answer it otherwise, no other way. Mr. Grassie: I got to put that in ccrtaxt €. r you. Ycu ?c cw, we're talking about $135,000,000 worth of... Mayor Ferret She wants the descr t.ptici.. . Mr, Grassie; We have _ -c73ec }, desc,::ip;4,on, we have a prp ect rime with, _ wad; estate IP 150 pages on the majority,on each of the majority of these projects. Now, I will give you anything you want, but I think that we need to do is for you to tell me specific, even generally what you want. Mrs. Gordon: Alright, I'll ... Mr. Grassie: Identify the projects and if you want detail we can go back to the filer go back to the project file and go through every figure and I'll have a staff person sit with you and go through everything. Mrs. Gordon: I'll give it to you in writing, ok. Mayor Ferre: Alright, if anything is sent out in writing just make sure that all members of the Commission receive a copy. Mr. Grassie: Please don't misunderstand me I'm not saying that you have to make the request in writing what I'm saying is that we have barrels of information and if I'm going to be responsive I have to know a little more specifcially what you want. Mrs. Gordon: I don't want to take the time of these people who are waiting now I'll get with you later. 4, FINAL REPORT - COMMITTEE ON LIQUOR HOURS, 5. ACCEPT REPORT OF COMMITTEE ON LIQUOR HOURS AND ESTABLISH DATES FOR PUBLIC HEARING. Mayor Ferre: Alright, we're now going to take up item =B, which is the presentation of the final recommendation by the Committee on Liquor Hours. Dr. Willard: Your honor, Commissioners, I'm Conrad Willard, Chairman of the Special Study Committee to study the hours of closing of liquor establishments. I believe you have before you the printed copy of this. Do you wish me to read this report ' Mayor Ferre: Dr. Willard we've had this now for,since Friday, I've read it several times and I've discussed it with several people and I would just ask the question, is there anybody who wants further discussion or does anybody have any questions on this item? Mx. Plummer: Yes, I do. Mr. Knox, it bothers me that, I think, possibly, and I'll ask you for an opinion referring to the third page, they break -down section I & II, they break section I down into A & B. I question the legality of being able to designate certain hours of sale for the same classification in a downtown area as opposed to an out-of-town area, or out of the downtown area. I understand what they're trying to accomplish. I'm in a full accord, but I'm asking you, do you think legally it would stand up in court? Mr. Knox: Basically, this kind of a thing represents what we call in the law an equal protection problem. On the other side of that is the power of the municipality to enforce its police power in the best interest of the citizens and if there is a legislative determination that there is a reasonabl justification for a difference in treatment, outside and inside, then the standard by which the decision is made and the courts would be reasonableness. Mr. Plummer: What did he say Mr. Grassie, did he answer my question? Mx. Knox: :his will represent a defensible position by the City and our burden is lessen by virtue of the fact that we would only have to show that a difference in classification is reasonable, merely reasonable. .r. Willard: Mr. Commissioner, may I, I don't want to answer Mr. Grassie's question, but the Committee went into some detail on this and just simply as a reminder that this difference in the City of Miami classifying this downtown area has already been decided in the courts a long time ago because the allocation of federal funds for this special area so for a particular area to recieve a special classification we've been informed would be in keeping with what's already been done. Mr. Plummer: Doctor, was there any consideration by the Committee and if so, what? Doctor, you and I know that a wino is going to get his bottle regardless. Is in fact, we driving the alcoholic cut of the downtown area into the other arreas,because he's icing to get his bottl? D. Willard: Well, you're asking for an opinion and :ay opinion is that after 15-vears of working with these men right in the heart of their territory, that it will lessen APR 2 8197. the problem that the City of Miami has. It will defuse it somehow out into the other areas, that's true, but it will also will mean that it will be just less available and we're only talking about one day out of the week, It will be available to them six days out of the week, the rest of the time. Mr. Plummer: Well, the reason I brought that up,when the pressure once before was placed on the Police Department to clean-up the downtown area what we in fact saw was a cleaner downtown, but in reality what we saw was all of the winos went south of the river and infested the area from the Southwest 7th Street to Brickell Avenue and that area and really all they did was shift them. I'm not finding fault, but I'm telling you what reality told us. tr. Willard: Well, reality of course, also dictates that if you really wanted to solve the problem of the alcoholic, you'll do away with this all over the City, but that doesn't seem to be the will of the City and we want to make it fair for all citizens and it seems that the real acute problem as.00inted up in the news media, television media, all people who know what the probleml,.hat these men lying drunk downtown they become victims, they're not the perpetrators of crime, they're the victims of crime, and I know at Camillus House and at Central Baptist Church also we're trying to do what we can to rehabilitate these fellows, we're not very successful, but it does give us one day to clean them up, give them a shower, give them clothes, give them an opportunity to start out on Monday or Tuesday and do a little work and try to be rehab- ilitated and this one day is just sort of a foot in the door. It will not take them out of the downtown area, but we hope it will lessen it a little bit. Mr. Plummer: My final question, I noticed in a great number of the categories,in fact reality tells -us- it's an extension. Now, was any consideration given to those areas which presentIy have -one of the classifications that abut residential areas? Dr. Willard: Yes, I think the report speaks to that, that we considered that and that was discussed. There was also a discussion about the night club hours, but as instructed by the Commission to study a fairness thing and try to make it uniform which was our instruction that we let that be the principle factor in weighing the decision of the Committee. I voted against some of these things that you have here, but the Committee voted for them, the majority of the Committee, but that's stated in our report. Some consideration was given to that. It is a problem, but you solve one problem and make it.in another area,it's a very difficult ... Mr. Plummer: But it could be an encouraging situation to them to move out of resident- ial areas,i_ they want the extra hour they go somewhere where it's not residential. Or. Willard: ':rue. Mr. Plummer: Well, Mr. Mayor if there's no other questions I would make a comment or I'll be glad ... Mayor Ferre: Well, let's see if there are any other questions and then we'll let you make a comment. Any further questions of Or. Willard, if not Mr. Plummer. Mr. Mummer: Go ahead , you want to get a motion? Mayor Ferre: Is there a motion that we accept the report as handed in by Dr. Conrad R. Willard, Chairman of this rather extensive and I hope thorough committee, at long last after many months and I guess years of deliberation, A memorandum dated April 14, 1977 is there a motion that this be accepted? Mr. Reboso: _ move it. Mayor ?erne: It's been moved and seconded. :loved by Commissioner Reboso, seconded by Father Gibson. :s there further discussion on item 3? Mr. Plummer: Mr. Mayor, under discussion. First let me commend theta for doing a job I think that is tremendous. I think, regardless of what this tote is, for you to get this far with your committee is nothing short of unbelievable. Now, the hamster. : will vote against this and solely for one reason. I feel that in the same way that we are trying to be the guide , if you will, in the pornography issue, to get ..::hem cut and cec them into one area if we have to have it, then we're trying to accomplish that tough ordinances. My whole rejection is based upon those establishments which exist next door or in the immediate vicinity of a residential area. Basically, I am in ravor and would -o along, but : think that it is unfair to perpetrate another hcur in where these places exist where people are trying to get sleep, and by that .... Mayor Ferre: Are there any further comments? Mrs. Gordon? :Mrs. Gordon: : Want to know what the motion s. I understood the rtotrcn to ,e to accept 2S apses1077 111 the report not to make any changes in the hours or anything else. Mayor Ferre: Well, obviously the implication is ,., if you accept this report as t understand it,it is an instruction to the City Manager to bring it back in an ordinance form to be voted upon. This is Mr. Plummer: Oh, well, I'm sorry, This was to be a public hearing as 1 understood it. Mr. Grassie: On the report, Dr. Willard: I'm not the boss. Mr, Plummer: Well, a public hearing usually is terminated by a :notion of the Commission, not to accept, but either to put it into law or not. Mayor Ferre: Isn't this a public hearing? Mr. Plummer: Well, it's not on the it's not on the agenda it's not. Mr. Grassie: It's not a public hearing Mr. Mayor in the sense of being published that way. It is an opportunity for a public comment ... Mayor Ferre: Alright, Mr. Manager and maker of the motion, Father Gibson, as I under- stand the thrust of the motion is to that we accept the report submitted dated April 14th, and that the Manager be instructed to put it in the form of an ordinance and if you want have one last public hearing on it. Mr. Plummer: Well to my understanding that's what we were here for today and I think that it was delayed about a month ago because we had not supposedly had this public hearing. Dr. Willard: The committee was instructed by either the Manager's Office or some lawyer attorney from the Manager's Office or the City Attorney's Office that we had not m z��Led with Government in the Sunshine Law by not advertising our committee meeting, so �►� that and had that in a public place and the committee has conformed. Mayor ?erre: Well, why isn't this a public meeting so we can get on with this thing? Mr. Grassie: Well, the only reason Mr. Mayor is that it has not been advertised. It is a technical legality but has not been advertised that way. Mayor Ferre: I understand we have a motion and now we'll follow the legality and then let's see if we can finalize this but this is an acceptance by this Commission of this report and as far as I'm concerned,I can't speak for anybody else/but my vote signifies that when you have it in an ordinance after a public hearing I will vote for this. Mr. Plummer: That's why I made my comment. Mr. Grassie: You do understand that the public hearing is volitional. Mayor Ferre: Is what? Mr. Grassie: It's volitional, it's an option with you, you can do that. Mayor Ferre: Well, as far as I'm concerned we talked this thing to death. This thing has been going on for three years. We've had more committee... Mr. Grassie: It can simply come back to you as an ordinance. Mayor Ferre: J.L. we've had so zany... how many public hearings do you know of that we've had? I can recall at least three to four public hearings? Mr. Plummer: Mayor Ferre: More than that. Well, T_ can recall four, Mrs. Gordon: I don't know how you could possibly put this into an ordinance without a public hearing. Mr. Plummer: Look Rose, as T_ understood it, this was to be the public hearing.., Mayor Ferro • The chair will have one more public hearing on Sacond ?eading, ck, unless rule that ever. though we had four public hearings we will to finalize this thing, not or, First Reading Mr, Mai ayes, you want :o sake it an emergency ..,. 29 APR 281977 • Nip Mt. Grassie: Wait, let's understand, Fie have to hate two readings uiiiees you wait to adopt the ordinance on an emergency basis. Mayor Ferre: In my opinion we ought to adopt it on an etergency basis cause. 3 thing_ ,ias_takeneo long._ We've beensttugglin with_this for two years that we ought to have alpublic , no.... Mrr. Planter Mayor Ferree Mr, Plummer: this is going Mayor Ferree Reading, you Mr. Plummer: Mayor Ferre: Mr. Grassie: Are you finished? May I speak? Alright, now you say no, and you don't think we ought to do it that way. I don't we should do it on an emergency basis because t can tell you to court, you know it and I know it, Have it on a regular basis, have the public hearing on the Second understand. Like Metropolitan Dade County does. Have the First Reading this afternoon. Could you have it ready for this afternoon? As an ordinance? Mayor Ferre: Yes sir. Mr. Grassie: Well, I'll have to ask the guys that have to do it. George, can we have this ready as an ordinance for this afternoon? Mayor Ferre: For First Reading and then we will advertise and have a public hearing at the second hearing. Mr. Knox: We can try. Mr. Grassie: We'll try and have it for you for the period in your agenda when you formalize actions taken in the morning. Mayor Ferre: And, we'll have a public hearing sometime in May so that we can have the Second Reading and then passing of it. Alright, is there further discussion on the motion, or is there any question on the intent of it? Mr. Plummer: Well, Mr. Mayor, would it be in an order and I'm only trying to accomplish what my statement was, Would I be in order to make an amendment to the motion, that in those areas in which these establishments abut residential areas that this not apply, that in any extension not apply. Can I do that? Mayor Ferre: Yes, you have the right to do that and I will recognize Nou with that motion. Mr. Plummer: Do you want to do it now? Mayor Ferre: ' think you better do it now. Mr. Planer: alright, Mr. Mayor I offer a motion that in these.... Mayor Ferre: I heard the motion. Is there a second to the motion? He's talking about the residential areas. Is there a second to the motion? If there is no second to the motion there's no use .... Mrs. Gordon: Repeat your motion Plummer. Mayor Ferre: Repeat the motion Mr. Plummer. The Notion is that this will not co into effect in any areas that abut residential areas. Mrs. Gordon: _'Il second the :notion. Mayor Ferre: Alright there's a second on the motion, Now, we have a motion and a second under discussion. mr . Grassie: : Just for clarification Mr. Mayer, Mayor Ferre: Yes sir. mr,Grassie; Are we interpr_t4.ng residental to mean B=i and R;? Mayor terra; so, in otter wcrds , yoL: cou1d4n' t Ve. , . , • 30 11, Mt. Grassie:_Well, that's. tihe clarification were asking for, , ; is that what you itlterid' Mayor Ferre: So therefore Coconut Grove is out, ttickell Avenue is out,.., Mr. Grassie: R 5? Mr. Plummer: Joe, f'tt using the example of Coral Way, ok, that's really the example that I'm using in keeping those thoughts in mind. The people who had homes in that immediate atea who stated they could not sleep at night because of the traffic of the cars which was created by the ballet. The place here on Coconut Avenue on 27th Avenue, those people are contending, there's a house that abuts right up to that place. Well, if you want to say R-1 and R-2 I'd acquiesce to that. Mayor Ferre: Alright, Mr. Plummer's motion now is to R-1 and R-2, will the seconder of the motion accept that. Mrs. Gordon: I accept it. Mayor Ferre: Alright, accepted. The motion is now limited to R-1 and R-2. Father Gibson? Father Gibson: Mr. Mayor, what bothers me is you have a Committee that was pretty much across the board and I wonder if they raised the same question in the Committee meeting. Mr. Plummer: He said yes Father. Father Gibson: They did? Mr. Plummer: That's what he said. Father Gibson: .Alright, now, then it seems to me if the Committee which is a broad committee across the board and come and they say this is acceptable majority wise... Mr. Plummer: Hey, I understand Father. I'm,you know. Father Gibson: Alright. Mayor Ferre: Look, under discussion, I would say that you had representations in that committee from all segments, including the residential areas, specifically for example, Mr. Phillips. Now I don't know whether his health permitted for him to be there and to vote. He wasn't there. Dr. Willard: No. He sent his proxy. I talked to him but he was not able to... Mayer Ferre: Did Mr. Phillips vote for this? Cr. Willard: He didn't vote for his as such because he thought the night clubs should be permitted to stay open until 5 A.M. Mayor Ferre: So, you know, here's the guy who's been the most vociferous and certainly the most outspoken critic.... well, let me finish... he wanted 5 A.M. Mr. Plummer: Oh, yes, I'm sorry. Mayor Ferre: What I'm saying Mr. Plummer is that the strongest and most vociferous and persistent and certainly I have great admiration for the man and he's a wonderful citizen. Even he was willing to accept night clubs, which is what he's been screeching which was the Montmartre Night Club and he was willing to let them go to 5 A.M., so I just don't think that you're ever going to get to a perfect law which is going to satisfy all people at all times in all places and it's just not going to happen. So I think that the fair thing to do is just to, look, we've been struggling with this for two years. We have a good committee. I want to accept that report just as it's been submitted without one change, one iota or one comma, it's a cood committee, they worked diligently, they worked hard, they had public hearings, they represented all segments, let's go. Any further discussion. Now, this is a vote on the substitute as amended by Mr. Plummer, and seconded by Mrs. Gordon. Is there... Mrs. Gordon: Voting on the amendment only. ;ayor 'erne: Cn the amendment only. Alright, now, call the roil Cn the amendment. The preceding motion introduced by Commissioner Plummer and seconded by Commissioner Gordon failed to pass by the following vote: 31 APR 281977 AYES: Mr. Plummet and MA Gordon. NOES: Mt. Reboso, Rev. Gibson, and Mayor Ferre. :Mayor Ferre: Now, on the motion itself, which is to iatplenent the `report . , . Mrs. Gorden: Implement the report or to accept the report? Mayor Ferre: I'M sotry, to accept the report dated April 14th and call for the First Reading on May 12th and the Second Reading on may 19th and the Sec011d Reading to be a public Hearing. •.,,... Well, but he says he wants a little more time. took, you've waited three years, two more weeks isn't going to kill you. I'm sorry, I know that it's been a long time. Alright, who moves that motion? Mr. Ongiet Mr. Reboso moved, Father Gibson seconded it. Mayor Ferre: Father Gibson seconded. Now, on the main motion, further discussion, call the question. ON ROLL CALL: Mrs. Gordon: I wish to state that in voting, in accepting the report I am not tieing myself to the report. I'll vote to accept the report and I'll make my decision on whether I accept the contents of it for ordinance at the later date. The following motion was introduced by Commissioner Reboso, wh3 moved its adoption: MOTION NO. 77-358 A MOTION TO ACCEPT TEE REPORT CF THE COMMITTEE ON HOURS CF SALE CF ALCOHOLIC BEVERAGES AND INSTRUCTING THE CITY ATTORNEY TO PREPARE NECESSARY ORDINANCES TO INPLcMENT RECOMMENDAT=ONS AS CONTAINED IN TF2 REPORT. FIRST READING OF SAID ORDINANCE TO 3E MAY 12 WITH SECOND READING AND PUBLIC HEARING CN MAY 19, 1977. Upon being seconded by Vice -Mayor (Rev.) Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Reboso, Rev Gibson, Mrs. Gordon, and Mayor Ferre. NOES: ,Mr. : lummer ABSENT: "lone. Mayor Ferre: I would thank you very much Dr. Willard for the... Dr. Willard: Thank you your honor, do I assume by this that the committee may be dissolved now? Mayor Ferre: Yes, I think that's... Mr. Plummer: You better wait for May 19th .... Mayor Ferre: Well, I really think that we've gone as far... well, let's wait until ?ay 19th, is that alright, 1 apologize to you. mt- Rev. Gibson: Mr. Mayor, I trust we would invite the Committee to be present at both meetings. See, let me tell you why I get very, very disturbed that we appoint Citizens Committee to give time and energy and anguish and t.en after they come, they did what we would have done ordinarily and after they come and make their report then we don't want to them but you know we just didn't want to do it, you know. Mayor Ferre: Thank you very Hugh rr. villa. d. We'll :ceep ; ou in=oraec_ Or. Willard: ... I want to say that T_ want to thank the Committee. This has been a very difficult task because the problem has existed between members of the Committee who have wanted various things, butthey've all been very cooperative_and :_think it speaks del • 'of the community that such diverse groups could meet and meet in harmony and .- - - • : •,.tZ the repor but =' m there's .ezz no il feeling and I'm not necessa_•��y plea,ec a pleased with he people who live in Miami, 32 APR 281977 moo BRIE DISCUSSION: ACCEPTANCE OF DOCUMENT FROM U,S, CIVIL RIGHTS C r itrrEE ON M,P,U, ---------------- Mayor Ferre: Alright now at this time if you'll just listen for a second ...Father, s.e you have been sent sometime last year by the United States Civil nights Commission Florida Committee, a report entitled "Police by the White Male Minority" dealing with the City of Miami and Metropolitan Dade County. Now, they have requested that we accept it formally since we had, you know, we received it but we never accepted it, so you have drafted and before you a resolution which simply reads, " A Resolution formally accepting the October-1976 Report of the Florida Advisory Committee to the United States Commission on Civil Rights, entitled,"Police by the White Male Minority" dealing with the status of Police Community Relations in the City of Miami and Metropolitan Dade County, Florida. Mr. Plummer: Maurice, I don't have it, do I? Mr. Ongie: No, we don't have it. Mrs. Gordon: If you have it, I don't. Mayor Ferre: I apologize. I asked, why isn't this thing, this thing passed? You know, I'm just following... Mr. Knox: I might be able to clarify this a little bit. acknowledge and receipt, if you will, of the report. Now, local agencies of the Civil Rights Commission have report National Commission. Mayor Ferre: Mrs. Gordon: :Mayor Ferre: Mrs. Gordon: All this does is, is it accepts it... Can we read it and do it after lunch? You've gotten it since October. I just received it. now who is it that wants This is nothing more than they have reporting/the and responsibilies to the Mayor Ferre: Alright, we'll bring this thing up in the afternoon. 7. PERSONAL AFPEARANCF: ART BRUNS REPRESENTING COMMITTEE TO STUDY ORANGE BOWL INPROVEYITTS. Mayor Ferre: Now, one other thing, Mr. Art Bruns is the Chairman of the Orange Bowl Committee for Improvements in the Orange Bowl, and he's here to speak to us represent- ing the Committee who met yesterday and decided to express an opinion. Mr. Burns: Thank you Mgr. Mayor. Fellow Commissioners, since you appointed us to the Committee we have had a meeting every week and it's our conclusion, and I'll :Hake it brief that we go for the remodeling of the Orange Bowl and not to exceed $20,000,000 and there's a lot of frills upon the feasibility study that was presented to you that we suggest or will suggest to you later on to delete. The$20,000,000 price that we're including would include parking, three blocks of parking at one million dollars a blocks roughly, that would be included in the $20,000,000 price, and as far as going over what the revenue is for the Crange bowl in the past, it has to be revised; In other words, to get some money back into it. Mayor Ferre: Mr. Bruns, did your Committee, you told me now when we talked on the phone this morning that your Committee had met? Mr. Bruns: Yes sir. We :net at an emergency meeting yesterday. We generally meet every Thursday morning but since this came cut in the newspaper about all this Broward County business we decided to have an emergency meeting yesterday so we could present the Mayor and his staff the findings of the Committee and the Committee is definitely not to move the Crange Bowl, to have the present position and also just go for the remodeling of it, not a new stadium, absolutely not. Mayor Ferre: Not a new stadium? Mr. Bruns; No sir. Mayor Ferre; Th4t's your recommendation? 33 'APR 2R 1g77 `3r. Bruns: Not only min9 Mr. Mayor... Mayor Ferre: I mean the Comttittee's , when I say you, I mean... Mr. Bruns: The Committee and we have contacted all types of public people, there's citizens if you want to call the and the minute ishcwecbhem the remodeling of the Orange Bowl they went along with it, but up until then they had the same reaction I had when I first heard it. it'll only take a minute to describe it to you and that was why pour more money into an old structure, but after studying it and seeing the rendering and all its nothing but common sense and we attack this problem as a businessman,ali of us, it was like our own company and we attacked the problem that way, and we were thinking of the City of Miami who has to pay for all of this. We're thinking of the public there. We're also recommending to the City Commissioners here that if they'll authorize myself or any of my committee to approach Dade County to see if we can get some revenue from them. Maybe I can bring two heads together and we can get a little more in the pie... Mayor Ferre: Mr. Bruns, I'd to, based cn that recommendation, I think what, and I've asked the City Attorney to draft up something so that we can discuss it hopefully this afternoon at 2:00 o'clock and I apologize that I wasn't here yesterday as scheduled, and I appreciate the Commission's courtesy of putting this off until today so we could have a full Commission for discussion purposes, but this will be coming up after lunch at 2:00 o'clock. It's not necessary for ycu to make this report again. I appreciate your being here. I'll make it known to the public that your Committee has recommended this and I've requested that the City Attorney have several documents so that we have some flexibility. Let me tell you that the Mel Reese, George Kunde Report which has been made twice now, one during Mel Reese's administration and updated with Paul Andrews had a figure of $18,000,000. Now, I know you recommend- ed $20,000,000. I would say for the purposes of a bond issue and I'm only talking for myself, that if we are in effect going to limit ourselves to the upgrading of the f Orange Bowl that it be limited as far as a bond issue is concerned to 515,000,000. Now, the reason why I had originally put $25,000,000 was because it was a flexible thing. $25,000,000 for either a new stadium or a remodel and obviously we weren't going to spend $25,000,000, The reason I would recommend $15,000,000 if we.'•re going to limit just to that is because I think we ought to really request some additional monies from other sources and I think we ought to have that incentive. Now, if there's some additional monies coming in from Metro or the Dolphins or from Revenue Bonds or from other sources. Now, the second point that I want to make is that perhaps we go ahead and do something like this, that we ought to really put on a straw ballot if nothing else, a second portion which would say, look, if you don't want the Orange Bowl remodeled and that goes down in a vote then put it on a straw ballot since we do not have the specifics for as to location, the exact cost, whether Metro is interested that we would just put it on a straw ballot basis on June 7th and then if that passes we'd work out the details and put it back cn the Novemeber ballot, but I think that we really should go for this $15,000,000,as you're recommending $20,000,000 but you know that's something that we can discuss. Mr. Bruns: Not to exceed $20,000,000. Mr. Mayor, may I interrupt you for a second? In the point of this that 2 don't know if it was Joe Robbie,who recommended x-number of chair backs. As you know in my place of business we have more people that attend football functions and all, I guess ae�renumber one in the football field as far as people attending my place of business and they're all against chair backs. 41, they're too narrow and if you put more chair backs in you'll have less capacity and we could save one million or two there, another here,another million there and cutting out for example, as you know,the club, we're willing to put the club in for no charge fo the City. We' 11 put the club in ourselves underneath the deal. We •ail'_... the sky- boxes are self funding, the chair backs, put 40,000 chair backs asinine, we say 5,000 more chair backs tops because the only thing that's coing to happen is they're going to raise the price of tickets on them anyway, and one of these days you're going to cut price the tickets to the public anyway. Mr. Plummer: Well, let me bring one point to your attention, and I'm hoping that your committee will evaluate the proposed contract between the Dolphins and the City of Miami, and note 2 said the proposed. It has not been finalized by this Commission, and I for one would like to hear from your committee prior to even though it is a technicality of the adoption formally by this Commission which has not yet been .:one. I wouldA'cG ent from you: committee prior to that formal technical 3CODLion by this Commission. :r= . Bruns: We'll add that at any time a you're ready.... Plummer: qel.., you better, I'm assuming Mr. Knox _s p rcbrblY going to be br . ain5 it up by the next Commission Meeting. `savor ?erre: No, it can't be done by the next Commission meeting i, T.. it's to0 late 34 irr 2us i then. See, the whole point, the reason why we get pressured all these times,, Mr. Plummer: Mr. Mayor, I don't think you heard what I said, Mayor Ferre: Yea, you said that you want a report by his Committee before it gets formally put on, isn't that what you said? Put on for a vote? Mr. Plummer: No sir. Mrs. Gordon: Can we have a 2:00 o'clock hearing on this matter and haven't we at 12:00 o'clock appointments somewhere... Mr. Plummer: Rose, Mr. Bruns will not be back, so that's why I brought it to his attention. Mrs. Gordon: But, he made his report very clear to me. I understand what he said, Mr. Plummer: Did you understand what I said? Mr. Bruns: Yes,sir. Mr. Plummer: In other words, Mr. Knox, let me ask real quick like, when will the approval by this Commission in resolution or whatever form be? Mr. Knox: 0f the contract? Mr. Plummer: Yes. Mr. Knox: As I understand now the contract is being reviewed by Mr. Robbie, by the Dolphins. Mr. Plummer: Right. Mr. Knox: Once that's done and it comes back to us it will then come before the Commission. I don't know ... Mr. Plummer: So, in other words, what you're saying is that they safely have between now and the 12th of May, that it will not be coming up before then? Mr. Grassie: That's correct. Mr. Plummer: Ok. Alright. Mr. Reboso: Mr. Bruns please, did the Committee discuss the possibility of including baseball, a baseball stadium... Mr. Bruns: No sir, that was not our duties. Our duties was about the Orange Bowl where they'd go for a new stadium or remodel. That was our duty. riowever, we did discuss it off the -Ford and we know what the experience of the Jets have at Shea Stadium. You can't^ ootball and baseball, because the seasons overlap, and you'd have a big conflict and everybody would be raising hell if we got into the World Series and the Dolphins couldn't play, so that's completely out. I was on the Stadium Committee years ago when Kennedy was sitting in your seat and we went through all of that with the Miami Stadium so forth and we was on the Committee with Mr. Plummer, with the poly turf, which we successfully put.and I think we did a good job. We should be hanged probably if it didn't come out but we're lucky it did come out. Mayor Ferre: But what you're saying is that we could physically put in a baseball stadium out of the Orange Bowl. I'm not trying to... look, let me put it to you another way Art. Mr. Bruns: I wouldn't commit myself without a study. :Mr. Plummer; A study was done and the answer was no. Mr. Bruns: I don't see it, I :jean with the wind drafts and the size and so forth and I'm not a big baseball fan, but I couldn't see mixing it together. Mr. Plummer: I think that what the study showed the center field home run would be something like 197 yards. Mayor Ferre: Well, let me put it to you another Way. Suppose Metropolitan Dade County, this is pure speculation now. Suppose there is a new stadium built for football in 3roward County or Metro or something and they go ahead and build that, which I know.speculation .-now I don't think it's going to happen, but suppose it did haFoen, could we take and convert the Orange 3ow1 into a major baseball stadium? 36 APR 28197 ,tiir, Bruns; 1 don't think so, but I'd have to look into it Sir, Mayor Ferre; Alright, as I recall from what George Kunde reported at one tiMe, they'd have to cut out a section, but it can be done. I know that it can be done because that was the report that was given by George Kunde, Mr, Plummer: Mr. Mayor, with money you can do anything, Mayor Ferte: No sir, I'm not talking about a tremendous amount of money, I'M talking about you'd have to cut in to those lower seats. ,tilt. Bruns: I think it would be an abortion to the stadium and be .,, in order to fit the game in there, Mayor Ferre; Art, you're not following me. Mr. Bruns; Yes I am, but,I don't think it'll fit, Mayor Ferre: I saying if the Dolphins are no longer there. Could we turn that into a baseball stadium that's a rhetorical question, Mr. Bruns: I don't know sir. Mayor ?erre; I think George Kunde in his report, and Mr. Manager, I'd be grateful, if Vince you'd go back and look at it and perhaps dig it out because that may be something that should be discussed this afternoon when we get to voting on this thing. Mr. Bruns: It might be a point of interest Mr. Mayor, and Commissioners that we made a lot of phone calls out-of-town, no way they can build this stadium under $100,000, /r 000 Broward County or any of the other counties. Mayor Ferre: I agree with that. Mr. Bruns: That they keeping throwing this $25,000,000 figures around is asinine by the time you get the road, the land, parking, you're talking $100,000,000 and I'll put money up where my mouth is ... Rev. Gibson: Thank you sir. Thank you very much for.... Nr, Plummer: Wait a minute Father, let me tell you what I was told. Rev. Gibson: No, no, wait a minute. I want to thank you for enlightening us because you are an impartial on looker, and you know it just irks me, it irks me for people to throw that kind of. figure around and think we're a bunch of fools, Mr. Bruns: You're being conned Father... (Father Gibson, right:) Mr. Plummer; Let me tell you what a rumor tells me, and I don't know Art,whether it's true or not, but I think it's interesting, that the proposed site in Froward County, that they really feel that $30,000,000 will build it, but they found out that there's a little problem they need almost $100,000,000 worth of fill for the subject piece of property to bring it up to grade. $100,000,000 worth of fill to bring it up to grade that site that's being proposed. Mayor Ferre: Well that sounds kind of high. Mom. Bruns: The people in 3roward County that I know who are very influential say it would never pass and believe that $100,000,000 .... Mayor ?errs: Art in some substance,,. alright, I want to hear this and I want to get this into the record. You're recommending that we do put it on the ballot. Mr. Bruns: Yes, sir. Mayor Ferre: Is that right? .r. Bruns: Yes, sir. Mayor Ferre: Number ' wo , you're that .t be n0,000,000 ra-her than $5 , 400 , 000? .Mr. 3runs: Not tc exceed $ 0, 000 „CO3 that includes udes parking. Not to exceed ...and d we don't come back to the CcmMissicn and, say nay, we need another $ ,000,00O or something like that, Mayor ?erre; iir' gilt, Neer three, you're also recommending that it be as valorem 36 APR 2 S 197 to ea and that it be put on the ballot and that it be United only to teModeling Of the Orange Bowl, not for a new stadium. Mr. PlutMer: Wait a minute, go ahead. Mayor Ferree I want to make sure 1 understand gout Committee's reoontehdatibn. Was that a unanimous vote in your Committee? Mr. Bruns: 100% at those attending. One member was absent, all those attendiri was 100%. Mayor Ferre: How many people you have in your Committee now? Mr. Bruns: I have to count. I think there's eight, There's Bruns, Hancock, Weintraub, Marks, Dr. James,Reeves, Bernal, Goode, Jim Billings was the latest addition. Mayor ?erre: Alright. Mr, Bruns: But the only one that wasn't there yesterday was Ray Goode.+., Mayor Ferret Ray Goode? Mr. Bruns: He was not there but I talked to him on the phone. He had no objections but he wasn't at the meeting, but those who was at the meeting was 100% vote, yes. Mr. Plummer: Let me ask a question, you are,tprecluding the possibility of the bond- ing that it was done before, are you? Mr. Bruns: No. Mr. Plummer: You're not saying only ad valorem? Mr. Bruns: No, I'm leaving that up to you fellows. You're the pro's ... Mr. Plummer: The Mayor said ad valorem. Mayor Ferre: No, no, but what he's recommending is that we have that avenue open to us, which we don't have now and the only way to get that avenue open is to take to the electorate abd vote on it. Mr. Plummer: Yes, ok, but they're not precluding the way that they sold bonds before. Mayor Ferre: J.L. listen, noboday... Mr. Bruns: You're the pro's at that business we're amateurs on that. Mayor Ferre: wait a minute, this is a very, very important point. Nobody in his right mind, you know, would go for ad valorem taxes if you can do it with the Revenue Bond Issue, there's no question about that, I mean, who's going, what fool would argue that. The only thing that we're doing new is we're saying look, we're going to expand the possibilities if the people are willing ... that's why Art, you understand I don't want to go overt Q0,000 because we can come up with the difference through Revenue Bonds or ,, the user or something like that. I don't think and I think $15,000,000 Bond Issue will pass for the Orange Bowl Remodeling, $20,000,000 this is just guess work on my part, how do I know. Everybody told me that we couldn't pass a $25,000,000 housing bond issue and I insisted, you know, they said, no, let's make it $5,000,000. Let's :Hake it $10,000,000, the County is $10,000,000 and went down the drain. I said no, $25,000,000 will pass and it passed. Mrs. Gordon: Are we going to repeat all this ado or are we doing it now? mayor Ferre: No, I don't plan to talk about this too much more than what I've done right now. mr. Bruns: But, you can do it in $15,000,000 but as they said that $20,000,000 was the kicker. Mayor Fevre: I hope. Ok. Mr. 9r;.ns ; mho yo'. very much, Mayer Ferro; Thank you very much "r. Bests, 37 APR 2 61977 81 RECEM SEALED tats SILVER 8uJPP SANITARY SENER IMPROVEMENT SR-5414C&S. This being the date and time advertised for receiving sealed bids fel' Silver Bluff Sanitary Sewer Improvement SR-5414 C & S, the Mayor annotth ed that the City Commission was now ready to receive sealed bids: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 77-359 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPCRT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR SILVER BLUFF SANITARY SEWER IMPROVEMENT SR-5415 C & S. Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso _ Commissioner Rose Gordon Commissioner S. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Terre NOES; None. Bids were received from the :ollcwing; Paul N. Howard Company, Greensboro, N.C. 27420 Charles F. Smith & San, Inc., Whitehouse, Fla, 32220 Goodwin, Inc., Miami, Fla. 33166 Intercounty Construction Corp., Ft. Lauderdale, Fla. 33305 BAC Construction, Inc. , Miami, Fla. 33166 Sullivan Long & Hagerty, Birmingham, Ala. 35202 9, PRCCLAFATICLIS, RETIRSEVTS, PALES Pik SPECIAL ITS. A) Presentation of a plaque to Leroy A. Smith, Assistant Chief of Police, upon his retirement after 27 years of service with the City of Miami. B) Presentation of a plaque to Helen 0. Hums, Public Works Department, Upon her retirement after 26 years of service with the City of Miami. C) Presentation of a plaque to Tom Hubert, Public Works Department, upon his retirement after 27 years of service with the City of Miami. D) Presentation et a plaque to William Zuenzei upon his retirement after 35 years of photographing the Miami scene while employed as a photo- grapherby the Miami Herald. E) Presentation of a Miami Music Week prcclamation to Mrs. Barbara Hall, National Music Week Chairman. F) Presentation of a Greater Miami Hotel and :Motel Association Week proclamation to Mr. 3cb Cruz, President of the Association; Mrs. Heidi McGrew, Executive Director; and Mr. Bob Jackson, Incoming Executive Director, C) Presentation of a Big Brother -Big Sister Appreciation .leek :rcclarraoion to '+.s. Marlene Berg, Appreciation Week Chairperson. S) Presentation of a Foot Healt- Week proclamation to Dr. Rcber= Gar;:et, Lresidant, Jade County Podiatry Association. f?;esentation of a WAS M.iam Say mr0Clamation to Mr•. Nay Luck, Preelxient of the Greater :lie-4j, Jaycees and - Miss M;.a i. Nathal,.e Sydor, 35 A15D 0 4r' " IP et) $ies Ration to the Mayo. by Mr, Antonio Sayago of Manta, Fouador, fiat his aSSistahee in obtaining suiiiva garbage trucks for Manta, 10. APPOINT: PATRICIA MI KOLSKI AS ALTERNATE MEMBER of THE Crr OP MtAMI ZONING BOARD. Maybe Ferret We'11 start with the regular afternoon agenda with our.., yes, Mt, Gtassie? Mt. Grassier Mr, Mayor, yesterday in your absence the City Commission indicated that it would snake an appointment to the Zoning Board today and you may want to do that at this time. Mayor Ferret Alright, how does the Commission wish to do it, If I hear no recommendation and procedure I will volunteer to do the same thing we've always done or if somebody would like to just make a nomination I'll do it that way too, whatever is your wish. Mr. Reboso: Can we make nominations? Mayor Ferret Yes, I think that would be acceptable. Mr. Reboso: Ok, Hr. Mayor, I nominate Patricia Kolski. Mayor Ferret Alright, there's a nomination that Pat Kolski be ... Rev. Gibson: Seconded. Mayor Ferre: There's a second on the nomination. Are there any. further nominations? Mt.. Plummer: I move the nominations be closed. Mayor Ferrer There's a motion that the nominations be closed. Is there a second to that nomination? You don't need a second to a nomination to close? Mr. Plummer: Not to close the nomination, no. Mayor Ferre: My parliamentarian. Alright, is there further discussion, then I guess we have to vote on the motion to close the nominations first of all, and I would recommend that why don't you change that and say that the nomination be unanimous and then we can just cast that vote? Mr. Plummer: Fine. Mayor Ferre: Alright, Mr. Plummer ::coves that the unanimous vote be cast for the nomination of Pat Kolski. Is there a second? Rev. Gibson: Second. Mayor Ferre: There's a second. Further discussion. Call the roll. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-360 A RESOLUTION APPOINTING PATRICIA KOLSKI AS AN ALTERNATE MEMBER TO THE ZONING BOARD TO FULFILL THE UNEXPIRED TERM OF MS. MILDRED CALLAHAN, WHICH WILL EXPIRE ON DECEMAER 31, 1977. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor (Rev,) Gibson, the resolution was' passed and adopted by the following vote- A'g: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J.L. Plummer, _ . Vice -Mayor (Rev,) Theodore R. a bson Mayor l4Uri a 4, Ferre 39 APR G R 1477 Maybr Ferre: Congratulations and best wishes and work hard and don't miss any of the Meetings 11. PERSONAL APPEARANCE: MnKE S I rtavoFr AND CHIP BLACK TO D I SCuss PROPosm ORANGE ECWL GuEsTIoN. Mr3. Gordon: Mr. Grassie, don't we have a special item that we also postponed from yesterday to be first thing on the afternoon agenda? Mr. Grassie: The City Commission indicated that it would take up again the discussion of the $25,000,000 bond issue at this time. Mayor Ferre: Well, my problem with that is that... how many people are here to speak on that subject today, would you raise your hands to speak on the issue? One,'two, _alright,_I'il_tell you out of courtesy then to the other people that are here on other - items we will hear your statements and then we will vote on this later on. Anybody else besides these two gentlemen want to speak on this? Alright, Mr. Simonoff I'll recognize you at this time or Mr. Black either one. Sow long do you think you'll need Mike? Mr. Simonoff: Oh, about two minutes. Mayor Ferre: Fine. Mr. Simonoff: Mr. Mayor, Members of the Commission. my name is Mike Simonoff, 3503 Main Highway, Coconut Grove. I'm here today to request that this Commission not vote f to put this -on the referendum on June 7th. I'd like to start off by saying that I have no complaint about a good sports facility in Dade County. We surely need it,but I've got two very basic concerns. The first is the City of Miami should not foot the bill for a regional facility when the City of Miami is almost going bankrupt at present. You've got about an $8,000,000 deficit this year as I read the papers. I understand that you're going to have problems with your municipal employees, police and fire protection, and I think when you're talking about spending or asking the taxpayers of Miami to spend S25,000,000 for a sports facility that's used regionally, I think it needs another re-evaluation. Now, my second concern is really the manner in which emergency meetings and hearings are brought about. My understanding of what an emerg- ency is, is the welfare and the health and the well-being of the citizens of Miami. I don't really consider that anything falling outside of that definition is or has any grounds to be brought up before an emergency hearing without public input. I think any emergency hearings really should be brought about to see how to get Miami's physical problems back in line and in order. I have one last suggestion really that if the City of Miami and this Commission chooses and wants to put ... I would like to talk to "- you also Mr. Mayor, if this Commission... Mayor Ferre: Excuse me Mr. Simonoff, I was asked a question and I was trying to be courteous and answer the question. I apologize to you sir. Please continue. Mr. Simonoff: Accepted. I feel that if this Commission thinks that the S25,000,000 issue on the renovation of the Orange Bowl or any stadium to be rebuilt, newly built, is put on any ballot and any agenda it should be first taken up before public hearing, and then if you decide you want to put it out I think it ought to be on the November ballot when three members of this Commission ccme up for election at the same time, and not cn June 7th. Thank you. Mayor Ferre: Thank you Mr. Simonoff. Mr. Plummer: Mike, I can't let you walk away from the podium so informed. You knew a little bit of knowledge is very dangerous, so let me set the record straignt so that you will know. First of all, what you have read in the paper you're entitled to form your own opinion, but anywhere between that and fact can be a great spand. First of all, this Commission, by charter, cannot end the year in deficit, ok, that's number one, That's spelled out very clear is the charter and this year we don't expect any deficit. Number two, if what you were referring to possibly is next year, there is proposed that cur level of spending will have to be reduced by $7,:,00,000 so I just didn't want you to walk away uninformed, that's the fact. Mx. Simonoff: Well, just to clarify it, the money has got to come from some place and it is an amount of money that the city does not presently have. Mr. Plumper: We11, it's proposed that it will be a bond issue from Capital T.=haC' s correct. uprcves'.er}ts , Mt, Simonoff: In othet words, you're raising snore money because yott haven't got enough to pay what has to be paid right now, that's the point that I'it hitting at. Mr. Pluimner: But do you know where that coiner under Mike? Mt. Simonoff: Wherever it comes from it's got to be spent in order to pay for the workings and the ... of the city. Mr. Plummer: What you're talking about... you're talking about two different items Mike, one is Capital Improvements, which is not under the 10 mill cap, please I voted against this and I'm going to do so again, but I just don' al to be misinformed,ok. One is Capital Improvements which is not under the 10 mill cap, the other is ad valorem, there's a big difference. Mr. Simonoff: Well, as I understand it this Capital Improvement if this should go and the voters should pass it at the polls at any time it that it goes out it will come from property taxes down the line.- Is that not correct? Mr. Plummer: Not necessarily,no. Mr. Simonoff: That's what the information was, I believe that was put on the ballot, it was to be put on the ballot, is that correct? Mr. Plummer: Its. Gordon: What was your... I didn't hear you, what did you say, it would not be ad valorem tax? Mr. Plummer: Not necessarily, no. Mrs. Gordon: Well, what other kind would it be? Mr. Plummer: Rose, you were here this ;Horning, I can't hold Mike responsible. I proposed before that any improvements that ever are to be made at such time a plan. is formulated be from the same method which was used 20 years ago and that was the sale of private bonds to private people, not ad valorem. I made that point clear this morning Rose. Mrs. Gordon: Is that what the Mayor was proposing or what you were proposing? Mr. Plummer: No. No, Rose I made the statement very clear. Mrs. Gordon: A statement that you made is not what they voted on the other day. I want a clarification. The member of this Commission,is that the Mayor's opinion or yours? Mr. Plummer: Rose, I can only speak for one. I've never tried to speak for anybody else but J.L. Mrs. Gordon: That's right, speak for yourself, you're not speaking for the Mayor. Mr. Plummer: Never have tried. Mrs. Gordon: Ck. Mr. Simonoff: May I ask just one more question? Mayor Ferre: Yes,Mr. Simonoff. Mr. Simonoff: Since there are just two people speaking to this issue, are you going to hear us and vote later, is that correct? Mayor Ferre: Yes, because a lot of other people that came here in good faith to be heard at 2:00 o'clock and it's now 2:45 o'clock and we have a public hearing coming up at 3:00 o'clock. Mr. Simonoff; But we were here in gcod faith yesterday when it was supposed to be heard ... Mayor Ferns.; Mr. .3imonoff, I want to tell you that I have served the City of Miami for 8 years and I have been absent three times in 8 years. I hope you'll forgive me for having personal problems whi.yh prevented me - from being here yesterday, Mr, Simonoff: Well, appreciate that, I would like to know when it will be heard 41 APR 2S197 • to Vote because I would like to be present at that tulle, Mayor P'erre; As soon as we get through the 3;00 o'clock public heating and we let through the areas that most of these people are here on then we'll get to it. Mr. Sirnonoff : Thank you, Mayor Ferre: Thank you Mr. Simonoff, Mr, Black? How much time will you need sill Mr. Black: I would say no more than five minutes Mr. Mayot, Mr, Black: Mr. Mayor, Commissioners, it takes a lot to get me down here to City Hall, When I read this I felt that it was important that I come down if for no other reason than for myself. I would like one clarification though, it is my understanding from the Bureau of Elections, Elections Central in Dade County, that the ordinance as proposed by the Mayor must appear on the ballot in order to get on the ballot by June 7th. In other words, it cannot be changed at this late date. If that is correct, then I'm willing to speak Mr. Mayor at this time. If that is not correct, I would prefer to know the issue, the question before the Commission before I speak to it, but I do understand that the issue to go on June 7th ballot must be as you propose it sir. Mr. Plummer: It can't. It hasn't had a second reading yet, so you'll have to answer that Mr. Knox. Mrs. Gordon: Mr. Knox? Mr, Knox: Whatever is adopted must appear on the ballot as it has been adopted, but up until this present moment there's nothing been adopted to be placed on the ballot. Mrs. Gordon: Are you saying Mr. Knox,there was no time element when we were called a couple days ago, that there's still time to amend and change and put something else on the ballot then what this Commission voted? Mr. Knox: Yes. Mrs. Gordon: Then why do we get a thirty minute notice on Monday, be there or else? Mayor Ferre: I'd like to explain that again, since I have already to you on the phone. I'll do it again, I did it here publicly and I'll do it again. The Metropolitan Dade County Elections Committee or Office determines when things can be put on ballots and they told us that we had to give them an indication by the 45th day, which was last Saturday as it happens they permitted us to do it, they extended it to Monday. I re- quested the City Attorney to research and see how far and what our time constraints were and the time constraints of the City of Miami are 15 days. However, the Metropolitar Dade County Elections Board would not accept it that way and therefore we had to call the emergency meeting. At that point since it was obvious that there was only three votes for it at the time we passed it on first reading and requested that we have a second hearing further cn and which is what it was scheduled for yesterday and since I wasn't here this Commission, for which I'm grateful had the courtesy to postpone that decision until today which is when it comes before us. Mr. Black: Yes sir, and you don't snow at this point Mr. Mayor whether or not the question will appear cn the June 7th ballot or not? Mayor Ferre: Mr. Black that has to be debated as soon as we get through with the other things that these people are here on ,I think, we will debate that. 1 would welcome your advice and your council, I would welcome that you stay here, I'll try to move as cuickly as I can, 1 apologize for the inconvenience, as of my making. for which again I apologize for. _'m sorry. Mr. Black: I understand that, and there's no bone with that. I would prefer sir, to speak when the question has been clarified. Mayor ?erre: That's fine. I'll recognize you at that time. Mr. Back: :'hank you sir. Mayor Ferre: Are there any other further speakers at this time on this item, if not, we will core back to it at the appropriate time, 42 11,1Z 9.1 077 124 OBJECTIONS TO CONFIRMATION ORDERING CONSTRUCTION - COL IA SANITARY SEER IMPROVENENT - SR-5420 - C. Mayor Ferre: We will take up item 46, which is a public hearing on the confirmation ordering construction of the Columbia Sanitary Sewer Improvement which is SR-5420 C (centerline sewer), which is an area bounded by N.W. 38th Street and N.W. 54 Street from North Miami Avenue to N.W. 7 Avenue and the City Manager recommends. This will also authorize the City Clerk to advertise for sealed bids. Now are there opponents to this in this room? Are there any opponents, will you raise your hands those who are opposition to item 46? Alright, do you want to be recognized, would you like to speak sir? Alright, would you like to hear the presentation of the Administration first or do you want to speak first? Alright, who's going to make the presentation Mr. Grassie? Mr. Grassie: Cliff Hays will Hake the presentation cn this subject Mr. Mayor. Mayor Ferre: Alright, Mr. Hays you're recognized. Mr. Hays: The district we're ccnsidering is Columbia. This is Columbia right here. That and Manor which is ... the only two left west of 27th Avenue to be sewered. This was voted on in the bond issue in 1970. This will completely sewer everything east of 27th Avenue, well with the exception of Manor which is the next one we're working on. It's a combination of sideline and the centerline sewer estimated con- struction cost of both of them is $1.7 million. It's partially funded with C.D. funds for design and general obligation bonds for constriction. The average cost per front foot with the sideline is $7.50 or $675.00 for a 50 ft. lot that includes the lateral that was centerline. For sideline it's $15.50 a front foot or $950.00 for a 50 ft. lot. It will serve approximately 9,000 people and 1,270 in properties. That's about it. Mr. Mc Kenzie: My name is Eugene Mc Kenzie. I arrived in this City October 17,1911, 66 years in Miami. Now, I got a few questions to ask you gentlemen. Why is it there is discrimination in the City in this Public Works? From Liberty City to Miami Avenue those people got hooked up streets. We are building, we want the sewers. This petition was circulated in my neighborhood. I live 5122 N.W. 5th Avenue, that's in the . I also have property in the Shadowlane Addition. Now, why I have to pay $950.. it'll cost $950.00 for my 60 ft. on 5th Avenue on $675 for 50 ft. on my 47th St., new what is the difference. Answer that question for me please. $950 of 5th Avenue, $675 of 27th Terrace, now what's the difference, why? Mr. Grimm: Mr. Mayor and members of the Commission. There's not an easy answer to your question. There were Community Development Funds and Federal Funds received by the City which were used in some areas of the City for construction of sanitary sewers as well as highways, and in those areas where those funds were received it was decided by this Commission that property owners would not be assessed. In this circumstance we do not have those funds available. We are using general obligation bond funds and we are required under the charter that the property owners will pay 75% of the cost for the construction of those sewers. Now, I can't say that's a palatable answer to you but that's a cold hard fact. Mr. Mc Kenzie: Now, as you said, some people, see, I've talked to about 200 people in this subdivision, they are mislead, some say this $950 would be for the hook-up too and I didn't knew it's not. Mr. Grimm: No sir it is not. This is strictly the cost of the sewers that are within the public rights-cf-way. The cost for the hook-up is born by the individual property owner. Mr. Mc Kenzie: Alright, well, why didn't the individual... you take me and many here or many in the subdivision already paid for hock -up in Cvertown, better known as Colored Town, what become of that, it's then out for somebody else to use. Now, we move up here, when it was all white folks up there 50 years ago the sewer should've been in there 30 years ago they didn't put it. Now 95% is Colored so we must put it. Now, I'll tell you gentlemen this, the best way I see to carry this give :me another chance to get petitions in that neighborhood, so I can come and present it to you and to tell you we will pay for the hook-up but we will not pay for the connection, for the main 'line 57th and 59th Street on 5th Avenue a man got paid for rental houses, he got hook-up free ... just across the way on the North side of 54th, well we're on the South side so we must pay $950 it's not right gentlemen. People living on Social Security cannot afford to pay. Where is the Honey coming from? They can hardly eat. If the City of Miami cannot pay it, get to government to refund it . .. So, give me another chance to get a petition in my neighborhood in the whole subdivision., then we'll come before you. We are not going to abide with this. I'm speaking for 400 people and I'll come and get the petition for 2,000.... Be ready for the sewers, it should have been here 30 years ago. The house I'm living it was built in 1924. I helped tote the lumber for it. Alright, from 1924 to now the sewer still isn't there. Now, the Colored People live there 95%, now we we're willing for the sewers, we'll have the sewers, but the City .,. should pay for it, 1 thank you, NOTE: Mayor Ferre left the meeting temporarily. Rev. Gibson: Alright, anybody else? Mr. Gay: I'm James Gay. I live at 580 v•W,53rd Street. I own the residence _there. I lived in that area for some 8 years. I live in another location now, but I still own the property. I'm very concerned about that particular area. As the gentlemen said of just a few minutes ago. You don't have rich people living in that area. For some 30 years as he said you had other people living there, no eewerage was even considered at that time. According to the information that I have they have sewer on 54th Street. The area where I live is 53rd, one block over they did not put in sewers, so I'm wondering something, what happened in that time. I don't have all the information at this time but I'm wondering why was it carried to 54th Street and not taken to 53rd some few years ago? There are some answers going through my mind, they did it :;;ecause of the businesses along 54th Street, but I don't think that's a legitimate reason. I would like to know how you arrived at $675.00 for a 50 ft. lot? I wonder sometimes whether that's the lowest bid that you could have gotten, and I would like for you to go back and re -consider the figures that you have en this piece of paper that I have here, the letter that I received. $675.00 for a private owner plus the hook- up seem to be it's going to run in the neighborhood of $2,000 when it's all over with and the people in that area, including the a people that the gentlemen talked about a few minutes ago, they cannot afford that type of expense, so I would like for you to re -consider what you've done. It's just a blank letter that I received saying that this is going on, I believe starting June 1977. You have 10 years to pay for this particular item, but you're charging interest the whole time. It seem to me liken' it's somewhat of a rip-off. I hate to use that expression, but that's what it seems to be. You may not agree, but I would like to hear some comment from some of the Commissioners on this particular aspect of this project. Thank you. Mr. Grassie: Mr. Vice -Mayor, I wonder whether we could ask :sir. Grimm to answer the _ first question this gentlemen asked, which had to do with the method of calculation. In.other words, how did they get to the figure that he has? Rev. Gibson: Alright. Mr. Grassie: Let me see Father, if I can take some of the questions this gentlemen posed in order. All of the area of the City is divided into districts, which crust have a beginning and an end.in.every case when we build sewers we pick a geographical area. Cbviously, there's always a street that's adjacent to that that's not included that we intend to pi_k up the next time. There is no general magic to these geographical districts except we try to keep them within boundaries of square miles and as he knows/0- 54th Street is a section line and a logical dividing place, so I think that that's the ' answer to his question. Now, with respect to the cost. The amount of money that he has in his letter is the estimated cost in our best judgment. Most of the time when the project is bid the cost that the people are assessed is less. Some rare instances it's more, but generally it's less. Now, I also want to remind these people that they have available to them through the changes that we instituted in the charter about three years ago. The w to have their payments stretched out over a longer period of time than the 10 years and this is based on their ability to present to the the City sufficient information to provide or approve financial handicap, new if they can avail themselves of that why certainly the City is receptive to that. Now as I said earlier have no good answers for why some areas in the City received sewerage free and others didn't, other than the fact that these were County Model City Funds and they only went so far. We would have loved to put the sewers in the entire City for free, but when we use General Cbligation Bond Funds, which we are now using, we are required by law to assess 75% of the cost. Mrs. Gordon: What's the interest rate now ? Mr. Grimm: The interest rate airs. Gordon is 5% per year on the unpaid balance and they have 10 years period over which they can pay. Mrs. Gordon: Or longer. Rev. Gibson: 0r longer. Mrs. Gorden: Hew much longer? .''.X. Gr"IM: There's no limit on the length of that, that Could; go as long a$ 20 yea s, Mrs. Gordon: And, it must he aaortiOed, though, right? APR 28 97/ Mr. Grimm: Yes ma'am. Mr. Gay: That's plus interest on it is what you're saying. Thank you very touch. Rev. Gibson: Anybody else? Well, let me say to both of you that this Cot nission has consistently gone on record that we want to sewer this whole City. My brother, t hope you hear me, Brother Mc Kenzie. We have gone on record consistently that we are going to sewer this entire City. Now, as painful as it might be and you're talking to a guy who went through the period where you had outside toliets. As painful as it might be in your pocketbooks I want to urge all of my brothers to get sewers because it is a necessary thing and it's a sanitary thing. We cannot in 1977 have a City that is not sewered, and we went the additional step that if you can't pay for it in 10 years we give you additional time. Mrs. Range came here and the plea was made, and the City worked out that deal and I hope you would go back and take the message that we have not backed down for a single district if I'm correct, isn't that right Mr. Grimm? Mr. Grimm: That's correct. Rev. Gibson: We have not backed down for a single district and I would hate since more of us live on a piece of ground than most of the others. I would hate for us not to have sewers. Alright, any other person? My Brother come to the mike so we could hear you. Mr. Mc Kenzie: You seem to think that I don't want the sewer. I am 100% for the sewer, but as I said some part of the City get it free. Some on Social Security, the people cannot pay that money. Rev. Gibson: Well, let me tell you this sir, if you were in the area when and where government money, that is other than the local government was available you would have gotten yours just like everybody else for free. Unfortunately, (wait a minute) unfort- unately, you were not. Mr. Mc Kenzie: I can afford to pay my sewers and anything else, but you have thousands of people . Taxation killed one of my sisters in 1974, she bought 133 N.W. 47th Terrace for $13,000 in 1966, now listen to this, alright, she hollowered and she cried, she went to Mr. Blake the Tax Assessor to ease her burden, have mercy on her, she didn't want to go on welfare. Her property was stopped in 1972 for $14,000. Mr. Blake sent two jackleg investigators got there and investigated her property, instead of $14,000 today. 1974 her property was valued at $23,900 and that killed her I buried her 1974 shortly after, and are the unjustified things you people are putting on the elderly people that cannot afford it. I don't care what you say. Rev. Gibson: I understand your problem. Alright, what's the wish of this Commission? Mr. Mc Kenzie: I asked the Commission for another two weeks, the second meeting in May, give me a chance to get a petition. Rev. Gibson: Sir, I hate to have you think that I'm not understanding. What I'm telling you is that this Commission as consistently to the man, to the woman voted to re -sewerage this City and any postponement you have isn't going to do you any good, plus let me say this, that the cost to you as to anybody else as being fair and equitable. Mrs. Howell: Mr. Commissioner, I paid sewerage Overtown... Rev. Gibson: Yes ma'am. Mrs. Gordon: Put your name please... Rev. Gibson: Your name please ma'am, Mrs. Howell: Mrs. Howell. Rev. Gibson: Your address. Mrs. Howell: 235 N.W. 50th Street. Overtown, Urban Renewal moved me out here. My husband has passed and left me alone, and I have all that to pay myself, where am I to get it from for the street and then run the sewerage in my home? Rev. Gibson: Madame, one of the disadvantage of living in a Metropolitan area... Mrs. Howell: I want the sewerage understand, but I don't want to pay .. Rev. Gibson: Well alright then we're going to give you plenty of time, You know we're doing for you what we've never done before. We're not only giving you 10 years we're giving you longer than that, and I'1.1 tell you how I feel. Tell you how I really • 45 APR 2 81977 feel and I just lost my mother in February. t would tell net this. I had to teii her this about Urban Renewal when that expressway was coming, Mrs. Howell: That's right. Rev. Gibson: I said to my mother, honey you better pack up and trove because if you don't move the bulldozer is coming and I would hate for the bulldozer to find you sitting up in that dining room, I said, you know, let's get it together. Now, let me say to you in another way, honey you need the sewers, we're going to have the sewers. Mrs. Howell: We really need it. Rev. Gibson: Fortunately, for you we're going to give you more than 10 years. Now, if those who follow ... if you aren't here in 10 years or if you're here. Let's assume that you're not here. Those who follow after you who will be the recipient of the property, those people will have to pay it, that's a part of living, and as much as I don't want to tell you that, along with the fact that we're going the second step. We're not holding you to 10 years. If you need 15 years you're going to get 15 years. Mrs. Howell: I'm just worrying about that I paid for Overtown. I wonder did ... Rev. Gibson: Well, let me ask you this? Nobody else could talk with you about Overtown as I could. I'm sure that the Federal Government may not have given you all you wanted. Mrs. Howell: They sure didn't. Rev. Gibson: But the Federal Government compensated. Mrs. Howell: I'm still paying for the home. Rev. Gibson: And, I know that all too well because my mother lived on 21st Terrace, and they took her property, and all I want to say to all I'm sympathetic, but I would be derelicting my duty if I didn't say to have consistently taken the position we're going to run sewers in this the benefit of all, ok. what's the wish of this Commission? Mr. Plummer: Father Gibson, it isn't popular, as you said, but it's got to be done. I move the item. 6th Court and is I understand, you that we whole city for Rev. Gibson: Alright, it has been moved. Under discussion. Mrs. Gordor: Under discussion, I would suggest that the Manager or someone that he directs to do this communicate with each of the property owners with the special information about the longer terms if that hasn't already been done, so that they know , and perhaps send a payment schedule that the longer terms would bring about x-number cf dollars per year. In other words, the longest period of time that is possible and the smallest amount of payment per year that is possible, so they may at least have that as an alternative. Is it possible for us to do that? Mr. Grimm: That's -possible Commissioner. Mrs. Gordon: Alright, well, the people who are here and are concerned with the monthly garment or the annual payment will receive alternative payment schedules that you may decide which way you wish to pay it out. I wish we could do better. :rev. Gihson: Cali the roll. please. CN ROLL CALL: Rev. Gib son: Mr. Mc Kenzie, I hope you will tell all the people in the neighborhood, especially those 400 you mentioned, that they can get some relief, certainly by a number of years if they would just make their wishes known to the City Administration. It is the best we could do under the cirounstances. It isn't popular. :t's isn't pleasant, but it's a thing we've got to do. Thank you very much, both cf you. Mrs. Gordon: I would like to say just cne thing to these people and to us as a Commiss on before we vote any additional ad valorem taxes that we remember the plight cf people such as those people whc have just spoken to us. 46 APR 2 81977 The toiiowinq toolution wee introduded by Commiationer Plummer; whe magma it§ adaptioh RESOLUTTOt No, 7/-161 A RESOMTION OCSNFtRMfNG OROERlNO RESOLUTION NC, //-260 AND AUTHCRIZING THE CITY CLERK TO Aitii`ERTfSE FOR SEALED Bins FOR THE CONSTRUCTION Cad' CC Lt3 IA SANITARY SEWER IMPROVEMENT SR'542O C (defiterline sewer) IN COLUMBIA . SANITARY BrWSR IMPROVEMENT DISTRICT SR-5420 C (centerline sewer) (Here follows body of resolution, omitted here and oil file . in the Office of the City Clerk.) Uport being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AYES: Mr. Plummer, Mr. Reboso, Mrs. Gorden, and Vice -Mayor Gibson. NOES: None. ASSENT: Mayor Ferre. 13. OEJECTIONS TO CONFIRMATION ORDERING CONSTRUCTION - COLUMBLA SANITARY SDER WPRC dT — SR 5420 — S, Rev. Gibson: Alright, next item please. Mr. Plummer: Number seven. Rev. Gibson: Number seven. Mr. Plummer: That's a companion, I'll move it. Rev. Gibson: It's been moved and seconded. Call the roll. Under discussion, any, please? The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-362 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 77-270 AND AUTHCRIZING TIC CITY CLERK TO ADVERTISE FCR SEALED BIDS FOR THE CONSTRUCTION OF COLUMBIA SANITARY SEWER I.MPROVEMENT SR-5420 S (sideline sewer) IN COLUMBIA SANITARY SEWER IMPROVEMENT DISTRICT SR-5420 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 Reboso, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr, Plummer, and Vice -Mayor Gibson NOES: None. ABSENT: Mayor Ferre RA I1 I IP READING '.°'!NANOE: AMEND ORDINANCE No.2345 EY ELiMINATtNG THE APPROPRIAT!QN PCR PALM BLIGHT PROGRAM- 60)010#11 RAY: dibaoti: Nurbet eight, Mt, piti, aw: I roved it before, fr1i hove it again. Pet. Gibson: Alright, it's been ooeed and secol;ided i Under d aeutaioh, Alright, oaii the toll please. Mr, c3ngie: Mt. City Attorney this is an ordinance. Mt. KnOX: Read the ordinance into the record. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 39-49 OF THZ CODE OF THE CITY OF MIAMI, FLORIDA, TO PERMIT DOGS IN DESIGVATED AREAS OP PARKS ONLY WEM4 SECURELY FASTENED TO A LEASH PROVIDING FOR A PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; CONTAINING A SEVE2ABILITY PROVISION AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of 14th day of May, 1977, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Vice -Mayor Gibson. NOES: None. ABSENT: Ma pr Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8641. 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. 48 Si SECOND READ1NONDiNP,NCE: AMERID O�DfNoNC��IdyBCt��ngiAM- ��g,8i�,��, Mt, Plu et: 1 to$ed it before, I+11 move it again, Mt, tebogo: Second. Reu, Gibson: Alright, under discussion, call the roll please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO, 8345, ADOPTED JANUARY 10, 1975, AS AMENDED, BY ELIMINATING THEREFROM THE APPROPRIATION FOR PALM BLIGHT PROGRAM IN THE AMOUNT OF $50,010.19 AND REAPPROPRIATING SAID AMOUNT FOR PARRS MECHANIZATION RESERVE FUNDING TO BE USED DURING FISCAL YEAR 1976-1977. Passed on its first reading by title at the meeting of April 14, 1977 teas taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: -Mr.-Plummer, Mr. Reboso,- Mrs. Gordon, and Vice -Mayor Gibson, NOES: None. ABSENT: Mayor Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 6642. The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 16, SECOND READING ORDINANCE: )mink SUB -SECTION 2, SECTICN 39-13,1 OF THE CITY CODE; REVISE GOLF COURSE GREEN FEES AND CART RENTALS FOR SUMMER MONTHS, Plummer moves, Reboso seconds. Under discussion. Rev. Gibson: AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUBSECTION 2 OF SECTION 39-13.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF REVISING THE AMOUNT CHARGED FOR CITY OF MIAMI GOLF COURSE GREEN FEES; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of April 14, 1977, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYr.'S: Nr. Pluam:er, Nr. Reboso, Mrs. Gordon, and Vice -Mayor Gibson. NOES: None. ASSENT: Mayor Ferre. THE ORDINANCE WAS DESIGNATED OPDINANCE NO. 8643. 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. 49 171 ICH READINGr ;MA,N AMENb SECTION 10P ANANCE #85 `8 WAEAVNG 1 MINDS FOR THE MECHANUATIoN PRc7GAAM AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO, 8578 PASSED AND ADOPTED OCTOBER 7, 1976, WHICH MADE APPROPRIATIONS OF FEDERAL REVENUE SHARING FUNDS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1977, AS AMENDED, TO INCREASE FUNDS FOR THE MECHANIZATION PROGRAM BY AN AMOUNT OF $50,010; REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of April 14, 1977, Was taken up for its second and final reading by title and adoption. 0n motion of Commissioner Plummer, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Pluamter,"Mr.-Reboso; Mrs. Gordon, and vice -Mayor Gibson. NOES: None. ABSENT: Mayor Terre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8644. The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commission ,. and to the public. 18, FIRST READING ORDINANCE: AMEND SECTION 39-24 OF THE CODE RELATING TO PARKING CHARGES AT CITY -OWNED PARKING LOTS — ORANGE Bcs&. STADIUM, Mr. Plummer: I'll move it. No more free passes, no free lunches, I'll move it. Rev. Gibson: Alright, second by Commissioner Reboso. Mr. Plummer: Sure it includes the City Commission. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 39-24 OF THE CODE OF THE CITY OF MIAMMI, FLORIDA, IN ITS ENTIRETY; PROVIDING FOR PARKING CHARGES FOR VEHICLES ON CITY -OWNED PARKING LOTS DURING EVENTS HELD AT THE MIAMI ORANGE BOWL STADIUM; FURTHER REQUIRING THE SALES TAX AMOUNT BE SHOWN AND PRINTED SEPARATELY ON EACH PARKING TICKET; FURTHER ESTABLISHING TEAT NO COMPLIMENTARY PARKING TICKETS WILL BE ISSUED; FURTHER ESTABLISHING TEAT NOTHING IN THIS SECTION SHALL PROHIBIT THE PARKING OF CARS OF OFFICIALS AND EMPLOYEES WHOSE PRESENCE MAY BE REQUIRED FOR TEE PROPER OPERATION OF STADIUM EVENTS; FURTHER ESTABLISHING THAT OTHER THAN THE AREA AT THE MARINE STADIUM DESIGNATED FOR USE BY SELF-CONTAINED CAMPER -TRAILERS, NO OVERNIGHT PARKING IS PERMITTED ON CITY -OWNED PARKING LOTS; ALSO RESERVING UNTO THE COMMISSION THE RIGHT TO WAIVE THE PARKING FEES FOR RELIGIOUS OR CHARITABLE ORGANIZATIONS AT EVENTS WHERE NO ADMISSION IS CHARGED; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERA3ILITY PROVISION. __Was_intrcduced by Commissioner Primmer and seconded by Commissioner Re- boso and.pessed on its first reading by title by the ;allowing vote; AYES; Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Commissioner Rose Gordon Vice Mayor (Rev.) Theodore F. Gibson NOES: None f $E : Mayor 'a i.^.e A. Yerre 50 19. DISCUSSION AND DENIAL OF PROPOSED ORDINANCE TO REGULATE CCMME CIAL PHOTOGRAPHY AT CITY OF MIAMI FACILITIES. Mir. Plummer: Mr. Vice Mayor, you have a lot of people that wish to speak on this and even though it is not scheduled as a public hearing, I for one would preclude wanting to make a motion until I've had the opportunity to hear from the public, so actually my request is that we hear from the public first on the issue then let's make a motion to decide what way we are going. Rev. Gibson: Alright, anybody wish to speak on this?...Raise your hands. I see two people, three, alright Sir, I saw you first. Mr. Plummer: Excuse me, Vice Mayor, as a matter of common courtesy, we have always afforded other City Officials-- because we know the press of their time-- Mr. New is here and wants to speak, and if he wishes so that he could leave to take care of his city I think we should afford him that courtesy. Rev. Gibson: Mr. New, please. Can we do this..two minutes for everybody? at the maximum...Alright, two minutes, please, Mr. New -go right on, we are glad to have you. Mr. New; Mr. Vice Mayor, members of the Commission, I am here not repre- senting the motion picture industry today but representing the City oft fAti , my name is Howard New, I am councilman of the City of North Miami. . I'd like to pass these to the members of the Commission while I speak. North Miami which is the fourth largest city in this county at this time has found itself to be in the enviable position of being the center of the motion picture industry south of New York and east of Los Angeles, and we have found that there is somewhere close to $50 million worth of investment in that industry in our area, so we are here for a very selfish reason. We feel that this is a very essential industry and it is one that should be encouraged and not discouraged. We feel further that this Ordinance that you are proposing will act as a discouragement to the industry and should not be passed upon. To give you just a minute of background, right now there are at least five movies either out or in production that were made in this area, fully or in part, Semi -tough , Black Sunday, Joe Panther, The Greatest was Mohamed Ali, and Airport 77, all utilized the facilities in this area first of all to the benefit financially of this area, and second of all for the benefit, in an indirect way, of the tourist industry which, of course, still one of our biggest industries. The City of North Miami took upon itself when the pilot film for African Queen was made in North Miami, in the Interamic Tract, to not only not charge' the production company funds for using public property but in the reverse, to subsidize the program by providing municipal employees in the Parks and Recreation Department to provide the needed backgrounds and backdrops for the sets and to provide our police protection and off duty police at no charge to the production companies. Now, this is a practice that has been carried on in Georgia, in New York, in Los Angeles, and other areas where films are made and at this point, for the City of Miami to commence levying fees for the use of municipal properties, such as the Orange Bowl and others, would be not only a disservice to the city and the citizens but would raise a tremendous expense and a negative attitude by the industry towards the city and the entire area. When things are produced in the City of North Miami the city itself does not get credit, it is Miami, that gets the credit and rightfully so, because the area is known as Miami. The other cities either subsidize the industry or those cities that do charge the industry don't make any movies. We receive good press in the Trade papers and Variety and in the other trade papers to show chat we are interested. we. had our financial seminar in February 22 from which resulted three Banks, three different Banks getting involved in local investments in the movie industry. It's a clear. industry, it's a good industry, it should not be discouraged. It provides employment and provides dollars, it provides tourism and we think that the image of the area should be positive by encouraging the industry and not negative by prohibiting certain things from happening, so we urge you to defeat this proposal. Thank you. Rev. Gibson: Alright, there was a gentleman...would you please. :sir. Mielke: My name is Sandy Mielke, I live at 2434 Swanson Avenue. I'm a Manpower employee in the City of Miami Department of Publicity and Tourism but I do not represent that Department's viewpoint today. I'm here on ay own time. This proposed Ordinance deals with the issue of commercial photography permits and fees. Now, not all of you may be familiar with the full scope of these accivites. What comes to mind immediately, of course, is the production of theatrical notion pictures. In actual fact, however, these motion pictures 51 • actually comprise less than 7% of the total volume of the permit applications. The major portion of the permits issued are for non -theatrical activities such as television commercials and programming using film or video-tape,sponsored or industrial films and slides shows, documentary films and slides shows and still photography for advertising and commerce. It might be easier to lump all of these together including the theatrical films with the term visual Communications. Now, here are some facts about visual communications with which you may not be familiar. Nation-wide, it is a multi -billion dollar industry, it has unlimited growth potential, it is environmentally compatible and totally non-polluting, it brings out-of-town money into the local economy, it keeps a lot of local money in the local economy. It pays comparatively high wages to its employees, it employs hundreds of people who live here and pay taxes, and as a biproduct, it publicizes and advertises this area all over the world at no cost to the city, thus stimulating our principal industry - tourism. .Now, there is no question then that the growth and developments that this communications industry here in Miami is beneficial to the residents of this community. There is also no question that the industry's inter -action with today's complex urban society requires some form of careful regulation at different governmental levels. That's what you are considering today. Regulation of this industry by means of a commercial photography permit ordi- nance. In principle there is nothing wrong with that, in practice, this parti- cular ordinance has a lot wrong with it. I submit to you that in the science of decision -making theory the best and most valid decisions which can be made are those based on the m?ximum information available. I suggest that this proposed Ordinance reflects a less than adequate input of information. With no reflection on anyone's motives in City government, I have to say that the only viewpoints considered in the preparation of this Ordinance are those of City bureaucrats. Where is the input from film-makers? where is the input from photographers, from advertising agencies, TV producers, professional associations? Has anyone bothered to find out how other major production centers such as Los Angeles or New York handle the permitting function? I have that information in case the City Manager wants to make use of it. Has anyone talked to outside insurance specialists to determine if the proposed liability insurance requirements are reasonable and appropriate to the cir- cumstances? I suggest to you that there is a lot of relevant information readily available which has not been considered. Now, stop and thick a minute, would this Commission adopt a city-wide electrical code without somewhere along the line talking to an electrician or an electrical engineer? Would you vote on a new building code without consulting architects, engineers or contractors? Are you going to approve a photo -permit ordinance without first considering those whom it will affect? I hope not. I hope that you will vote no on this proposed Ordinance and refer the clatter back to the City Manager for additional input of information, new recommendations, and re -submission to this body. That's all I have to say. Thank you for your attention and your courtesy. Rev. Gibson: Thank you, Sir. Alright, please give your name and address. Mr. Ross: Yes, my name is Tobby Ross. I live at 7483 Fairway Dr., Miami Lakes. I am a. Director of the South Florida Motion Picture Producers Association. I have no prepared text, I would like to thank the gentleman who just got up and spoke. I don't know who he is, he is very well informed and we appreciate what he had to say. I would just like to speak on behalf of the local television producers, those of us who make commercials and industrial films at a local level. Very quickly, By charging us $1,000 a day for the use of the Orange Bowl --if I may point out to you, gentlemen-- most of our budgets aren't over $5,000 or S6,000 for the local commercials, and co impose that type of a. levy to use one of our most popular resources down here photographically speaking is just unheard of, we are small businessmen, we are not the producers of Slack Sunday or the big pictures you hear about, but there 15 to C0 good commercial companies down here doing $20 million a year in good commercial business and putting the money into the City and to. the people of Miami and Dade County. It's just very strange to us that at Producers Association... we have finally gotta= word from the Governor's Office that Governor Askew is very interested in the film industry. Metro Mayor Stave Clark came to speak at our Semina'-, the City of North u;ami is so involved with us, Mayor Colodny and his good people that we are just proud to be part of the Miami scene with them. They bend over backwards to help us and then this was brought to my attention jt:st two days ago. I had just gotten back in town and I saw this Ordinance and I really just could not believe it, I had no prepared text except to stand here and say -as a small businessman, as a tamoayer and as a -ember of this city I_ can't believe that the Miami City Commission would look upon an industry like ours that's trying to get off our feet, we almost - rank number three in the nation now, gentlemen, behind New York and California, and that's creatively speaking and technically speaking and that you would put something like this, a road -block in front us to impede us when the government from the State on down is trying to help us and they realize what kind of a job we are doing. I'm sure that if you really talk to, as this gentleman said - talk to some film people, talk to some advertisers, you'll see that there is a reason to help us and not lay out road -blocks such as you have. I'm even surprised at some of the language here in Section 4, it says -any person violating the provisions of this Ordinance shall fined or imprisoned-- that's pretty hard language. I find myself frightened by that kind of language, fined or imprisoned if I go out on the streets of Miami and take a picture of one of you gentlemen for commercial purposes maybe helping the Cancer Society?... Please give this a little thought. Thank you. Rev. Gibson: Alright, Sir. Mr. Fenster: My name is Ronald Fenster. I am a resident of Miami and Executive Producer of Associated Film Makers International. I would also like to thank that gentleman there and he brings up a valid point where if you are looking for expert opinion in one area I think more so than any person in this room in relating to commercial production activity, I travel more and meet more people that come through or to Miami as a representative of a locally -based film production company and I think that before even the pros and cons of an Ordinance are debated, a rationale should come forward as to why even the Or- dinance is being considered, and the nature of the industry --and I'm dealing strictly with the commercial film production because I think the Ordinance is a little harder on that-- that is, on the way our company and fellow companies operate, and that is especially in one of the particular paragraphs where it calls for a 5-day waiting period. I think it is rather the rule than the ex- ception with jobs from advertising agencies from out of town where the job is bid, awarded and often production starts within a period of 5 days. There is no other city, to my knowledge, in the country that requires this 5-day waiting period and if advertising agencies discover this as what they term a "potential hassle" Miami could be very easily overlooked. Secondly, there is not the price --call it a price structure-- in other cities that has been proposed as in this particular Ordinance. One of the high points, and why Miami is rapidly becoming not another Hollywood, but a Miami, a city where 5 or 10 years from now cities like Atlanta or Houston or Dallas will say, let's make our city like Miami -- instead of Miami saying like --will be Hollywood, Miami is Miami and it has its own separate identity and the identity which is looked upon by advertising agen- cies from out-of-town to choose Miami to produce their commercial work in, is the relaxed atmosphere, the ease of accessibility to city, county, local, state facilities is that you could go down there and in a phone call you can make it and you then walk down and you get a permit and it's $35 or $50 but it's not a hassle as far as red tape, it's not a burden as far as the cost to us, and these are competitive advantages which set Miami aside from California and New York and it is greatly...a tremendous part of the reason why people choose to come to Miami. Now, if you start opening Pandora's box by saying well, this year we are going to charge $1,000 for the Orange Bowl and next year someone decides well, it should be $1,200 because of inflation, and this starts escalating and now it's going to be 6 days waiting period...Miami will lose the sparkthat it is now getting and lose the recognition that it is getting as a major production center from advertising agencies throughout the country, and therefore, I think we are putting the cart before the horse...before we even decide whether this Ordinance has merit or not should be-why..where does the Ordinance comes from? Rev. Gibson: Alright, Sir. Mr. Hammersmith: My name is Phillip Hammersmith and I am here representing Mayor Steve Clark and the Dade County Commission as the Film Industry Consultant for Dade County and everybody has been talking about what is essentially a fee issue but I find that it goes a lot deeper. I am offended by this, and I am offended by the attitude of the Administration of the City of Miami and I am left with a feeling that after all of this nobody learned anything. I find that the attitude of the Administration concerning entertainment industry is entirely, whether it be concerts, or whether is be movie industry, is absolutely dis- couraging in every conceivable way. The summary of this attitude I can give you by reading of a statement in a major daily in this town, the Miami Herald, "as stated in memo given to Mr. `since Grimm by Mr. Bob Jennings, from the Public Facilities Department - I believe it is the function of this Department to produce revenue from the facilities under its responsibility and I believe that the rates proposed by us are reasonable, competitive and necessary." Firs; 53 APR 281977 of all, I entirely disagree with this statement but I find that it is absurd that nothing concerning economic development of this community, the benefits in ercployment...were mentioned, were involved, were thought of, in any way in developing this Ordinance. It is my understanding that in the future, at some time, the City of Miami may procure the services of a $30,000 a year person for economic development and here you are attempting to institute a policy which is totally detrimental to any kind of economic development cone‘ cerning this industry. It's well known the kind of industry it is and the dollars it can bring and I would like to find the City Commission to clarify its policy towards economic development because I am obviously aware of the Administration's policy. I think it is absurd. I would like to see this city adopt a policy similar to the county which has a policy of no -fee and direct cost only. This is the only viable policy which will go a long way into continuing the industry here in Miami and it is the only kind of policy that does not causetaxpayer expense for private industry, I'm well aware of that, but the fees as structured here are unreasonable, they are not compe- titive and I oppose this Ordinance completely and any other Ordinance like it. I also might note that, as was brought out before, the 5-day permit situation is ludicrous and it is obviously evident that there was no input taken from members of this community who have been in the film industry and many of therm arehere today who have been in the industry for 20 years and yet this proposal was developed by people in the Public Facilities Department who should know better but apparently don't. That has to be considered in the future for any other Ordinance. Thank you. (Mayor ?erre entered meeting at 3:35PM) Mr. Mel Carl: my name is Mel Carl, I'm an attorney, I represent Screen Actors Guild in the SouthEast, 12-state area, I represent them particularly in the State of Florida. We have the third largestAfenfilreen Actors Guild in Florida and the reason for that is because of the recent encouragement of the film industry in this area. One of the functions I have is to help form film commissions in states other than Florida and is those states I think the film commissions would love to have an Ordinance of this kind passed because they'd know flat out that this is the very thing that has discouraged film production is places like Los Angeles and New York and I think that they would just love to have something like this happen. Now, three years ago I appeared before this very Commission with a similar problem, I know some of you may recall it. It was about something that occurred in Coconut Grove whereby a company was filming and apparently there was a slight disturbance and as a result without anybody talking to anybody or investigating anything regarding this matter, an Ordinance on first reading was passed virtually -- and I'm paraphrasing of course, banning filming in the City of Miami or certain areas of the City of Miami. At that time, a number of people came and spoke against.this Ordinance and one of the conclusions which I hope was productive conclusion by this Commission was that in the future any time any of these types of Ordinances were to be considered, the people who were in the industry would be consulted as well as the people who would be proponents of Ordinances like that, and perhaps together intelligent types of legislation could be passed. __ That was the case, as the result of. that I_ spent many meetings with representatives ni the City of Miami giving my view- points over a couple of years and I thought —and I guess I was a little naive about this— I thought that we had one thing accomplished, and that was that there would be a direct line of communications between the motion picture industry and the City of Yiami and I was practically dumbfounded to suddenly find that after all this communication I fel: we had had, nobody was consulted on this particular area, nobody was asked about the merits or demerits of it, all of a sudden, here we are on the first reading of a 3i11 again, and I feel that the progress that I thought we'd made is new gone. Thank you. Mayor Ferro: Alright, any other speakers?..Sir. Try to make your statement brief and right to the point if you could. Mr. Gill: I will make it as brief as what this thing should be considered. Briefly and voted no. I am a small businessman, this year we will do we have 10 employees, we will do approximately almost $1 million worth of business. My name is George Gill,. I represent a company called Stage, Equip- ment and Lighting, Inc. We now have 10 ep lcyees in 10 years of 3rowth, this year we will approxinat$1 xillicn in business. We deliberately located in the City of .forth Miami because of the environmental atmosphere and the fact that we thought that we would grow and prosper there better. This is ?ust the kind of thi g that we feared. : urge you --for your own sakes- to vote ro. oak you. 54 APO 9.R1977 Mayor tettet All tights Mt. McCarthy: Mike McCarthy, business agent for the Miami Stage i1ths aid Television Employees. 1 also am the representative fot the 1ATAC Locals, eight Locals in the area; we ate close to 1,000 craftsmen working full tithe in this business. We depend on this for out livelihood. This Ordinance would affect our income. I also am the delegate for AF'LCIO for Dade Coufity and Executive Vice President for the Florida Motion Picture and Television Association; and I would say definitely turn this Ordinance down and as a substitute, would you please consider the Dade County Ordinance. Mayor Ferret Any other speakers at this time? Mr, Silva: My name is George Silva, I am the Vice President of the Florida Motion Picture and Television Association. I think the primary problem is matter of misinformation or noti-information on the part of the City because possibly of the new Manager. The City of Miami is willing to spend $25,000,000 to renovate the Orange Bowl to attract tourists and on the same note wants to pass an Ordinance so restrictive that it will impair if not destroy a $50,000,000 industry in South Florida. A clean, non-polluting industry that brings in dollars from outside our state and the reason the motion pictures are leaving Hollywood is because of an intolerable permit situation in California. Last year over $400,000,000 of run -a -way produc- tion occurred from California to other states and it will probably be more than that this year. South Florida should have its share of that production but if this Ordinance is passed Miami will certainly not only lose the feature production dollars but $20,000,000 to $30,000,000 in commercial- industrial film dollars; and I understand this Ordinance, ...I know for a fact that none of the professional associations were advised and I think they should be advised, and I would recommend... Mayor Ferre: Well, that may not be necessary, let's see what happens in just a little while. Mrs. Gordon: May I ask the Manager a question? How much money was it anti- cipated to be raised through this means? Mayor Ferre: Mr. Grassie? Mr. Grassie: We would need to have Bob Jennings' response to that Com- missioner. Jennings...he's here. Mr. Silva: Is this question addressed to me? Mrs. Gordon: No, Sir. Mayor Ferre: Bob, before I recognize you because...out of fairness to the people who are here to speak on it...Is there anybody else who wants to speak at this time?... I frankly think that it may not be necessary if you just wait for a moment. I'd like to ask Mr. Jennings co answer the question for Mxs. Gordon and then I want to read a letter from Barry Schreiber, Metro- politan Dade County Commissioner who sent me this letter and asked me to present it into the record. Mrs. Gordon: Mr. Jennings would you answer the question? What is the proposed amount of revenue you anticipate this would bring to the city? Mr. Jennings: Well, that's very difficult to answer, of course, because you are asking for a projection but I can tell you that in 1976 we realized about $6,000 of revenue at the Orange Bowl from this sort of thing. Mr. Plummer: If the new Ordinance was' in what would you have realized? Mr, Jennings: ?,bout $22,000. Kr, Flummer: Roughly $15,000 more. ;fir, Jennings: Yes. Mayor Ferre; What was the answer? 55 APR 2 81977 Mt. Jennings: About $22,000. Mrs. Gordon: My feeling about this whole thing is that we spend quite a lot of money for public relations and advertising to bring industries here and I.think that the amount we spend is far greater than what I have just heard is the anticipated return. I don't think it is a good and practical approach to take this route to raise a small amount of income and possibly discourage an industry from participating in the area. Mayor Ferre: A11 right. Father Gibson now for a question. Rev. Gibson: Mr. Manager, do I hear that the industry said that nobody talked with them? Mr. Grassie: That's what I heard them say and I guess I was impressed particularly by what the gentleman in the blue shirt said because it sounds as if apparently there has been some kind of communication in the past and I'm getting the impression --and I must confess, new impression-- that at some place that has broken down and I would suggest to the City Commission that in view of that it is not very timely to think about proceeding with this, and we need to find out at least what has not been happening in the past and see where that kind of communication was broken down. Mayor Ferre: A11 right, before this thing is turned down which is the sense that I see happening I want to read into the record the following letter from Mr. Barry Schreiber, who asked me to read it: "Ladies and gentlemen of the Commission, I would have preferred to have appeared personally before you on the April 28 Agenda but time constrictions make it impossible. Nevertheless, the matter of raising fees for obtaining permits by the movie industry to shoot film in our area is of great concern to me. Recently the Dade County Commission enacted a one-step permitting process in order to facilitate and expedite the entire permitting procedure for the movie industry. The fee structure was thereupon set by administrative order; the fees were set relative- ly low, at best nominal, not to make a profit. It was felt that the benefits accruing to Dade County by encouraging the industry to come to our area far outweighed the few dollars we might receive from cur permitting fees. We would be committed to make Dade County the movie capital of the world. We must be committed. Therefore, I am opposed to the City of Miami proposed Ordinance to raise fees for such permits. I feel excessiviy high fees will make it more difficult for Dade County to continue its competitive position in the industry. Your understanding and negative vote on this issue will be ap- preciated. Respectfully, Barry Schreiber, Metropolitan Dada County Com- missioner." We also have a letter from Mr. Robert L. Shevin, Attorney General of the State of Florida, dated April 25, to be read into the record. "As you are aware the State of Florida has been making recent gains in the development of an active film industry. I believe, as do any, that with the successful completion of several major motion pictures in the past --Black Sunday, Joe Panther, Semi -Tough, and the increased production of commercials the momentum is finally upon us. I hope and urge strongly that the City of Miami continue to foster this momentum and support its major target of economic development for Florida. It is my further hope that the City of Miami Commission will now enact a no -fee or very low fee structure for use of its much sought after facilities. There is obviously tremendous value to the State and its largest City of a thriving film industry. I believe a no -fee cost cniy policy for all film -making in the City cf Mimi, Dade County and the state will go a long way in meeting this goal and raking Florida automatically the largest producer of files and ccmm:er:ials in the country. Sincerely, Robert Shevin, attorney General of the State of Florida." And lastly, I would like to read for the record because you may not have had tine to read it since I sent it on Tuesday, my memorandum to the City Manager which reads as follows: "Enclosed you will find clippings of the Sunday April 23 article in the Miami Herald. I agree with Mr. John Aiiddy's conclusion --the City of Miami should roll cut the welcome carpet for the movie producers and may I express my opinion is completely opposed to Mr. Jennings recommendation regarding high rental charges, if anything we should be paying the movie producers to come to Miami. In the past, this community has helped to pay for Miss America and Miss Universe Pageant, political con- ventioos and other events that bring tourism and money to the community. If it is so that Black Sunday and the other movies amount to upwards of $5 million spent through local hands which strengten the economy of the cctwuaity and enabia people and businesses to pay our taxes, tLea it would seem absurd for u,s to charge $100 or Dinner Kay and $1,000 for the Grange Bowl which is a drop t 1 Q 9 Q »7 7 in the bucket of the City's budget but acts as a thorn and as a deterrent to the Movie producers we want and need:" That's on the record. Rev. Gibson: Mr. Mayor, rather than this be negative wouldn't it be polite to ask the industry to talk with the City personnel and try to work out their differences rather than just be negative? Because otherwise what's going to hapt n is that all of us are going to be saying no. Mayor Ferret Well, I think the way to do this simply,..this is a reading of an ordinance on First Reading which was propcsed by the administration, right? It has not been proposed by any member of this Commission, so therefore I think we just pass right over it, I don't think you need anything on it. I think what we need is a Resolution in turn asking the administration to meet With representatives of the industry and rather than put a taxation, find ways that we taka towards encouraging the movie industry to come into the Miami area. Mrs. Gordon: I would make a motion,..well, Father, if you want to offer it I'll second it. Mayor Ferre: All..tight, it's been moved and seconded, is there further dis- cussion on Item No. 13? Call the roll, please. The following motion was introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 77-363 A MOTION DIRECTING THE CITY MANAGER TO MEET WITH REPRESENTATIVES OF THE MOTION PICTURE AND TELEVISION INDUSTRY IN AN EFFORT TO ENCOURAGE THEM TO UTILIZE AREAS FOR FILMING MOTION PICTURES AND TELEVISION IN THIS AREA. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Ladies and gentlemen, thank you for your patience, and please know that the City of Miami -Phil, and all of you who took the time to come here- is sincerely devoted to the cause of having a healthy film industry developed in this community and we thank all of you in the industry. 20. EVVCY ORDINAfNCE: REGULATING ISSUANCE OF LICENSES TO OPERATORS AND/OR APPLICANTS FOR ADULT AMUSEMENT CENTERS, Mayor Ferre: Mrs. Rockafellar. Mrs. Rockafellar: I'm Grace Rockafellar, I live at 814 N.E. 71st St., Miami. I'm President of the N.E. Improvement Association, I'm President of the Y.E. Taxpayers' Association, I'm here today as a private citizen. Now, I have talked to Mr. Knox and the City Manager yesterday and requested that this be out up as as an emergency ordinance to save time going the first reading, a second reading, and then a month, because this is a very important ordinance and before I get through :. think you'll realize what I mean by it. I'm very glad you're here Mr. Mayor today, I've commended you so many times at various meetings for your e€oz;ts z bringing the plight of Biacayne Boulevard to the Governor's attention, We appreciate this and it was only after that that we got action on the Boulevard, Now, as you know we have been working, (when I say 1ae' I mean all the merc;;ants, the business people,,,, APR 2B1977 Mayor Ferre: Excuse me Grace. Ladies and gentlemen, I would be most grateful if those of you in the back that want to talk, if you would just go right outside and you can do all the talking you want there. Ok. Thank you. Go ahead. Mts. Rockefeller: When I say the northeast, I mean all the merchants, the residents, the people who work there from Northeast 87th Street to Flagler and west of Northeast 2nd Avenue to the Bay have been trying to restore the economy and the character of the Northeast area. Just a few short years ago Biscayne Boulevard was lined with beautiful motels and related businesses. We had a thriving shopping plaza at 79th Street and Biscayne Boulevard. Then some of the motels started dealing in prosti- tution which brought in drugs, the pimps, the prostitutes and after that came the porno movies, the book stores, the massage parlors, the excort services and what not until the business has absolutely been ruined. The economy has been ruined. Many of the merchants have gone out of business. Those that are still in business are operat- ing behind locked doors. Now, we've had the cooperation and beautiful cooperation from the Police Department. We've had cooperation from you, Mr. Mayor, from this Commission, from the City Manager and from the Legal Department but the police while they're doing an outstanding job their powers are limited. They can only book and arrest. That's all they can do. We've had to bring in the State Attorney's Office in this so it's going to take the complete cooperation of all of us. Now, through the State Division of Hotels and Restaurants, we have taken nine motels before them. Some of them we've closed down completely, some of them we've revoked their license on appeal and others will soon be revoked. Between 71st and 79th Street we closed completely down three motels, three of the worst motels on the Boulevard, we've closed them down but the city has opened up three more places. They've opened up an escort service, two escort services, and one of the largest peek shows of hard core pornography in the City of :Miami. The gentleman that opened up, I hate to call him a gentleman but I'll go back and say the man that opened up this new peek show out there was on this agenda to have his license revoked a couple of months ago. Some-, how, it was taken off the agenda. Now, when I met with Mr. Knox and Mr. Alvarez and Mr. Connor of the Legal Department on April loth for the purpose of getting this ordinance which is needed badly, because as the ordinance is written new, one hand doesn't know what the other one is doing. Do you know when you say the City of Miami has licensed this new porno peek show, this new escort service which is a call girl operation and the other escort service which is a call girl operation they think of you Mr. Mayor, they think of this commission, they think of the City Manager and the City Attorney. You get blamed for this and they don't seem to realize that one hand doesn't know what the other one is doing, that you don't even know these places are in existence until you get complaints. Mayor Ferre: The only one that knows that these places exist around here is J.L. Plummer. Where did Plummer go? You'd better come here and defend yourself, Mr. Plummer. Mrs. Rockefeller, I think that you're going to be very happy with, I hope ... Is ,:here any reason we can't pass this as an emergency ordinance? Mr. Knox: No, sir, it's in your legislative discretion. You determine that it is beneficial to the health, safety, welfare and morals of the citizens. Mayor Ferre: All right. Is there anybody here who is opposed to this ordinance? Does anybody want to speak in opposition to it? +_ not... Mrs. Rockefeller: I would just like one more moment and then I'd like to introduce ycu to one of the Vice Squad who is not only a credit to the Police Department but a credit to the City of Miami and let him give you what they go through, but I have to get this in ?rank, I'm sorry. You know your office got a lot of calls, Mr. Mayor, and ?rank would _ell me that one woman called and she was complaining and her hus- band was in the background telling her what to say and Mr. Ccbo said, wry don't ycu tut your husband cr., so she did. The first thing she said to Frank, how much did the Mayor get? How :ouch pay off did he get for licensing this place? New, I've had a difficult rime convincing people that this isn't the way it works, this isn't the way it works at all, but they think I'm covering up for you because you appointed me to the Planning Board. I've talked to Mr. Williams and I've talked to the read of the licensing bureau and they said they know these places are call girls but they do not have the authority from the City to check them cut to through the Police Department before issuing them a license. Mayor Ferro: The only cue that checks them cut is ?leer. I keep telling you that. He's the one that checks cut all the picture... Mr. Plummer: Alright, but the :Mayor doesn't take his payoffs in money... ::-s. Rockefeller: That's what I'm afraid of. That's exactly what I'm afraid of. About six weeks ago I had a call from the City Manager's Office telling me that t;.ere was another call girl under the name of escort service that wanted to open up on 79th Street, just a desk, just a phone. They tried to questionh,m but he .far.a-s;zart enough, he -knew -what t.'e crrta-ice was. He -said, ycu show me where it -says ;n the ordinance, • i so if we could get this passed, but there ate two ahendnients that I would ask that this City CoMmission take to this ordinance. When it was written up the Attoifiey►s put down three years and if they have anything, any criminal record in the past three yearsp now we would like... Mayor Ferre: Grace, excuse me for interrupting me, but it's 4:00 o'clock. We had a 3:00 o'clock public hearing here. We got people here on item 34 that are getting a little restless. Would you tell us quickly what the amendments are? Mrs. Rockefeller: Yes, I want you to extend the time to 5 years to coincide with the State Board of Business Re Mayor Ferre: Alright, Mr. City Attorney, do you have any objections to that, is there any reason why it could not be extended to 5 years to coincide with the State? Mr. Knox: No sir. Mayor Ferre: Does anybody have any objections to that? Let's do one at a time. Who makes the motion on that? No, let's just move it. Rev. Gibson: Moved. Mayor Ferre: Alright, Father Gibson moves, amendment that would extend it to 5 years. The following motion was introduced by adoption: Plummer seconds on the change in this Further discussion. Call the roll. Vice -Mayor Gibson, who moved its MOTION NO. 77-364 A MOTION TO AMEND A PROPOSED EMERGENCY ORDINANCE ADDING A NEW CHAPTER 66 TO 7dE CODE PROVIDING FOR LICENSING AND REGULATION OF ADULT MOTION PICTURE THEATRES, ADULT BOOK STORES, AND ESCORT SERVICES BY AMENDING PARAGRAPH (a), SUBSECTION (2) TO READ: WHETHER ANY STOCKHOLDER, DIRECTOR, PARTNER, JOINT VENTURER, OR MANAGER ASSOCIATED, INTERESTED OR EMPLOYED IN THE BUSINESS OF THE APPLICANT HAS BEEN CONVICTED OF A FELCNY, MISDE.MEANOR, OR MUNICIPAL OFFENSE IN THE PAST "FIVE" YEARS. Upon being seconded by Commissioner Plummer, the motion 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. Mrs. Rockefeller: I would also like to have it include Massage Parlors which would coincide with our Adult Entertainment Center. Mayor Ferre: Alright, I don't know why wouldn't Massage Parlors be included in this? Mrs. Rockefeller: Well, they're one of the worst places for prostitution. Mayor Ferre: Well, why didn't they include it in the first place? Mr. Plummer: Mr. Mayor, I'm sorry, you're wrong, there happen to be some in this town that are legitimate and one of them exist in the YMCA, there is one that exists in the Dupont Plaza Hotel, now 99% of them, I know what they are and you know what they are, you better than I,(laughter), but there is that 1% that are legitimate you know, so let's don't scatter gun... Mayor Ferre: This doesn't preclude them. mr, Plummer: I don't see defined in here... mrs. Rockefeller: Well, the only thing J.L. what it would apply for a license the Police Department would check them record for arrest far anything illegal in the last 5 years that's all it says, say was that if they out and if they have a they don't get a liCenSe Mr. Plummer; Fine,,. 59 A D O 0 Q 1fl77 • Mayor Ferre: Look, J.L., any legitimate operator is not going to hitAny ptobie getting a license right away, is that right? Mr. Plummer: Fine. Mayor Ferret Ok, so what else you got? Mrs. Rockefeller: Those are the two amendments. Mayor Ferre: Alright, does anybody have any objections to including Massage Parlors into this ordinance? Mr. Knox: Excuse me Mr. Mayor.... Mayor Ferre: Massage Parlors, Health Studios, ... Alright, George are we going to get in trouble now? Mr. Knox: Well, I understand that there's some eminent state regulation regarding Massage Parlors, and perhaps we could wait until we have some kind of guidelines... Mayor Ferre: Well, this is in First Reading... Mrs. Rockefeller: I'd like to clarify that. No, no, this is an emergency ordinance. Mayor Ferre: Oh, I see. Mrs. Rockefeller: I'd like to clarify that because somebody else brought that to my attention and I called the State Board of Business Regulations, they do not license. Massage Parlors. This comes under the City of Miami Mayor Ferre: Well, where are we going to draw the line now, because there are... we got Spa's in this town, do we have any health, Vic Tanny and... ,Mrs. Rockefeller: If a legittimat.. one, it's going to open up he would certainly have no hesitation to have you check him out if he's had a record in 5 years. Mayor Ferre: Grace, I agree with you. Joe, I'll tell you the way I see it. It's a pain, I understand, and it's a problem and you're going to health studios and massage studios that are probably be protesting it, but look, if these are legitimate operations you can license and there's no.,. Mrs. Rockefeller: That's right, they'd have no problem. Mayor Ferre: That's no big deal, so in other words the motion then as Commissioner Reboso makes it that we expand this to include Massage Parlors and Health Centers, is that what this is called? Well, Health Studios... Mr. Plummer: Oh boy, a friend of mine just :aid $700 for a membership to a Health Spa, he's just committed suicide. Mr. Reboso: Everything that has massage. Mayor Ferre: Anything that has massage operations. Mr. Knox: Mr. Mayor, if I may suggest that perhaps we should just prepare another ordinance. Massage Parlors/Health Studios represent a different kind of a problem and it involves a lot of work. Mayor Ferre: Alright, I think we better he careful of over killing here. Let's just limit t it to Massage Parlors. Mrs. Rockefeller: We're not killing anybody if they're legitimate. Mayor Ferre: Look, let's make it Massage Parlors for now Grace, we're going to get this in an emergency basis, if later cn we can define it so we .don't get into a big problem that we're not aware of now we'll then extend it. Mrs. Hockafella_r: Now, if ::nay have ore minute. When I was over to the Attorney's Office, the ordinance that you have cn the books, that's been cn the books for a long time clearly states that if any of these prono book stores, movies, or escort services, or anything that ccme under this adult ordinance have one arrest and conviot on you cars revoke their license. Now, I have Sergeant Hatrcn here, they have numerous arrests ar.d convictions of each and every one ... Mayor Ferre: Grace, we're in the middle of trying ;o pass a motion to _include Massage 60 APR 28t 77 Parlots and let's do that before we lose it, alright? Mrs. Rockafellar: Ok, excuse Me Mr. Mayor. Mayot Ferrel Now, there's a motion by Commissioner Reboso. is there a second/ Rev. Gibson: Seconded. Mayor Ferre: Seconded by Father Gibson, Further discussion on this, if not loll the roll please. The following motion was introduced by Commissioner Reboso, who moved its adoption: MOTION NO. 77-365 A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE AMENDMENT TO EMERGENCY ORDINANCE 8645 PASSED AND ADOPTED THIS Di.PE TO INCLUDE "MASSAGE PARLORS" IN THE TITLE OF ::AID ORDINANCE AND TO INCLUDE "MASSAGE PARLORS" UNDER SECTION 1-DEFINITIONS. Upon being seconded by Vice -Mayor Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. CONTINUED DISCUSSION: Mayor Ferre: Alright, Sergeant, you want to come up while Mrs. Rockefeller is introducing you? Go ahead Grace. Mrs. Rockafellar: The thing that I want to bring up next and I think Sergeant Hatton will go into this a little bit, is that we've asked the police to compile a record of all these prono movies, bookstores and everything, that they do have arresttand convict- ions on, to present them to the City Commission, to get them on the agenda, and get these places cleaned out, and get the economy, get our property values back up, get the merchants where they can operate, you won't have to be raising the taxes if you get the income up there where it should,we're all happy to pay more,and I'll turn this over to Sergeant. Thank you. Mrs. Gordon: Grace, I think you ought to be deputized as a citizen, deputy. Mrs. Rockefeller: I'm going to tell you Cciunissioner Gordon, I feel it's a privilege to come before such an outstanding Commission, City Manager, City Attorney, you have cooperated with us beautifully and we're all greatly indebted to everyone of you, that's my thanks. Mayor Ferre: Alright, Sergeant. Sergeant Hatton: Mr. Mayor, City Commissioners, I'll keep it short. Sergeant Hatton, City of Miami Vice Squad. I have to appreciate Grace Rockafellar's efforts,: work the Biscayne Boulevard area where the Adult Book Stores, the Escort Services do exist and it ices create a problem, but I'm here today to back up the ordinance that she would like to see passed from my personal experience and advice. As it stands now if we conduct an investigation on a license as I have done on an Escort Service upon on Biscayne Boulevard, and it was proven that this Escort Service that opened up did in fact operate in Ft. Lauderdale and everyone in this Escort Service had been arrested before for sexual crimes and they were ran out of Ft. Lauderdale. ,his investigation disclosed this and in turn they were allowed to open and operate in the City of Miami. Now, with this ordinance, if it's passed, this investigation alone could have stopped tt at that stage, but they were allowed to open and after they opened their doors it was a matter of 14 days before some of the gentlemen working at this Escort Service were arrested for procuring and females were arrested for :restitution. Also if this ordinance is passed it would allow us to close them based cn the convictions. The. problems we're having to recite an example, downtown theatre we have five convictions against for cbsenity and numerous arrests inside the place for -lewd and iacivious conduct, with this ordinance we could close this place tomorrow. All our Adult Bookstores have convictions against them. All our Movie Theatres have convictions against them, and most of our motels up on Biscayne Blvd. that she talks about have convictions against them. The problem we're running into is the Police Department is getting the Iconvictions, they're going to court paying theie ines and they're continued to operate. APR 2 1CITI 1 'phis in tutu ties up my manpower, the gentleman working for me and it's a constant battle, that's never really coming to an end and all 1 tan say is with the passage of this ordinance we can Close these places down and `make that area a lot better and give that what they're looking for up there, and I really feel like with the citi.:ens in the Police Department and with the help of the Commission we can close these places within a year. Mayor Ferre: Thank you Sergeant, that's fine. Is there a motion now on the ordinance as amendedwith the two amendments? Mrs. Gordon: Mayor Ferret Mrs. Gordon: Doesn't he have to rewrite this? No, I think we can pass it with the stoke of the teen here and there. Is that ok with you George? Mr. Knox: First of all, we can merely make an interlineation and change the years. In our title we can add Massage Parlors and Health Studios and at some subsequent time we're going to have to add definitions and all that, but we can pass ordinances now. Mrs. Gordon: And, we can make it emergency that way too? Mr. Grassie: The two amendments that you have adopted as I understand it, the first one covers the question of the 5 years and the second covers Massage Parlors only. Mayor Ferre: That's correct sir. Mr. Grassie: Is that correct? Mayor Ferre: That is correct. So you can interdelineate into the title right now by just simply changing the year. Let's do it right now, what page and what line is it on? Mr. Knox: It's on page 2, sub -section (a), sub -section 2, line 5. Mayor Ferre: You strike out (3) ie you would please and insert (5)" therein, and how' about the next one? Mr. Knox: It's in the title after Adult Book Stores,add Massage Parlors. Mayor Ferre: After 1,2,3, third line after bookstores , add massage parlors AN CRDI.NANcz Es:7 .- AN ENIERGENCY ORDINANCE ADDING A NEW CEAPTL1 66 TO THE CODE OF THE CITY OF MIAMI, FLORIDA, PROVIDING LICENSING AND ^ i Was introduced by Vice -Mayor Gibson, and seconded by Commissioner Gordon, for adoption as an emergency measure and dispensing with the recui_ement of reading same on two separate days, which was agreed to by the following vote - AYES: Rev. Gibson, Mrs. Gordon, 1 . Plummer, Mr. Rebcso, and Mayor Ferre. NOES: None. ABSENT: None. Whereupon the Commission on motion of Vice -Mayor Gibson, and seconded by Commissioner Gordon, adopted said ordinance by the following vote - AYES; Mrs. Gordon, Mr, Plummer, Mr. .Reboso, Rev. Gibson, and Mayor Ferre. NCES: None. ABSENT: None. SAID CRDI_TANOE WAS :Es:Gi en ch-cnI?.`.;C NO. 3645. The City Attorney read the ordinance into • :e _ + bl' c record and arnounced that cCDies were ai.lable to the members of the City comp4zsion and to the :t:.clic. ISO T E; SEA MOTION 77 cr 62 APR 2 S iw7wig • WE! : !IMPOSING SERVICE CHARGE ON RETURNED CHECKSi Mayor pertet Alright, now here's what we're going to do just to save "tame, aftybody o rants to go take a five minute break can go ahead and do so, as tong as three Of us reiain please take turns and we'll try to get some of these housekeeping things through, tf anybody has any opposition to that then we'll take a full five minutes break for everyone. Mrs. Gordon: If we take a break for five minutes we all go at once and we all come back we won't miss any... Mayor Ferre: You want to take a five minute break. Mrs. Gordon: Yes. Mayor Ferre: But, look, please everytime we take five minute break it end up being twenty minutes. Would you please make it a five minute break and be here at 4:20 p.m. (5-minute break ) Let's see if we can move along on item 14. Let's see if we can move very quickly now. This a first reading regulating issuance of license to operators Oh, I'm sorry. We read 14. We're on 15. Imposing a service charge upon the drawer and/or last endorser of any check, draft, or order held by the City where payment has been refused to the drawee. The Manager recommends. Mr. Plummer: I move it. Mayor Ferre: Moved by Plummer. Seconded by Reboso. Mr. Plummer: Read the ordinance into the record. Mayor Ferre: Call the roll on 15. AN ORDINANCE ENTITLED - AN ORDINANCE IMPOSING A SERVICE CHARGE UPON THE DRAWER AND/OR LAST ENDORSER OF ANY CHECK, DRAFT, OR ORDER HELD BY THE CITY WHERE PAYMENT OF SAID INSTRUMENT HAS BEEN REFUSED BY THE DRAWEE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. LAC E : PMAMING AND I E'flE tAL PA t4ayor Ferre: .:. Let's take up 18, which seems to be the one that is the hardest issue and that -is the renaming of Bicentennial Park to "New World Center Park" and Bayfront Park to "park of the Americas". Now, who ate the people that wish to be heard on this? I only see four F-ople who raised their hands, is that correct? Who are the opponents, who are against, who want to speak against, who are the speakers? Alright ... Mr. Plummer: Well, wait a minute I'll like to ask the reverse, who's fcr? Ok, and the further question is who were the proponent? Who asked for this? Mayor Ferret The proponent is sitting right in the back of the room. Mr. Plummer: Who's that? You asked that this be put on the agenda to be done? Mayor :erne: I asked for it. Mr. Plummer. Oh, you asked. Mayor Ferre: I did Mr. Plummer: Well, the reason I somewhere along the line heard that the Chamber asked for this. Mayor Ferre: No, no, that was unfortunately a mistake made by somebody who put it into the press. The Chamber asked for the renaming of Bicentennial Park. They had nothing to do with the request of Bayfront Park. Mr. Plummer: Ok. I'm just asking that's all. I was amazed that if they had asked for it that they weren't here. Mayor Ferre: Mrs. Seward? Mr. Plummer: May I put one question on the record prior to your speaking? I hope it can be a brief record. Mr. Grassie, the question has been asked of me which I cannot answer assuming the positive to the ordinance happens that is a change occurs. What if any expense would be incurred by changing? Mr. Grassie: No expense whatsoever that the City would not normally incur presumably when you finish a park you will put a name on it. When we finish the remodeling the renovation of 3ayfront we will put a name on it. No additional expense. Mayor Ferre: Hildegarde, how long do you think you will take? Mrs. Seward: Zust a couple of minutes. Mayor Pere: A couple of minutes, ck. Does anybody object to say, three minutes per speaker, does anybody have an objection to that, anybody need to speak more than that? Alright. Mrs. Seward: My name is Hildegard Seward and I live in the Flacami Section of Miami. I'm a resident here for 35 years. I was very disturbed Sunday to find this ad in the paper concerning renaming the parks here. I have talked to a number of my friends and neighbors,: have the first person to r.:n across —wants it changed. They want particularly Bayfront Park to stay 3ayfrcnt ?ark. The ctpcsition to the renaming of the Bicentennial Park isn't as great but it is 100% against the renaming of because this is a historical name as in Bayfront ?art :he was named by the founding fathers of this City and mothers. When this was named Miami it was just a little village and it was probably just a little park, but it's still Miami and it's still Bay front ?ark and we people who love it wish it to stay that way, _ have here 76 signatures that I got up in a hurry here, people who are asking that the Commission do not renar:e any of our parks without a vote of the people. Mr. ?1u er; That's each and every par. Mrs, Seward; :des+ sir. Mr. Plummer; , would say that was an er^p eta. ar:swe ', 64 APR 2 81977 • Mrs. Seward: Because I don't see why any big rush to rename something, I mean we're liable to wake up some morning and find Flagler Street... Mr. Plummer: But you said a vote now. We've always before as we're doing today had a public hearing, is that what you mean? Mts. Seward: Public hearing and if there is a... some controversay... Mr. Plummer: It's a big difference between going to the public for a vote and a public hearing, I agree with you on the public hearing, that a public hearing should be held, but a vote is $70,000. Mrs. Seward: Well, I'm not asking for a special election. Mr. Plummer: That's why I'm saying that... you know... Mrs. Seward: Only... Mr. Plummer: What you're suggesting that a public hearing be held. Mrs. Seward: I mean it's no emergency to rename a street or a building or what have you and it can be put... if there is quite a bit of controversay it could be put on a ballot at the very next election, if the public hearing isn't sufficient to settle the matter. Mr. Plummer: Right, we don't disagree. Just the terminology. Mrs. Seward: Thank you. Thank you very much. Mayor Ferre: Alright, next speaker. The next opponent, you got three minutes. Mr. Freefield: Commissioners I was last here about two or three years ago when Cuban Memorial Boulevard and Memorial Boulevard was a hot issue. My name is Charles Freefield. I live in the City of Miami. I'm a member (this has nothing to do with it though, of the Democratic, elected member of the Democratic Executive Committee of Dade County, I do not speak for them,of course). I think here we go again, we just can't wait to rename everything in Miami in order to please apparant tourists from Latin American, who I certainly don't want to discourage, they too are Americans, of course, Latin Americans, South Americans, so on, but I think the mania is going absolutely too far. Bayfront Park in an article was referred to as Pigeon Park in derision because pigecnsare in trees and people might sitting under a tree get a little pigeon dust. I think that is just as ridiculous as the misstatement that the Chamber of Commerce or whoever it was, was also behind it, in somebody's hot news item in order to give credence to the idea of changing the name of the park. I think that we ought to give a little bit more thought to an item like that. I don't want to give over the historical reasons for the park. I'm not against change or anything like that, but I am against change in the sense that's it's completely meaningless. Let me just say this, I speak for all Miamians, who are born here, grew up here, went to school here, raised families here, and who find nothing.offensive or amusing in what I just said about the pigeon park supposedly, about the name Bayfront Park. Does everything in this town have to be labeled something Americas? Have we no sense of pride in the names that were chosen by our forefathers, maybe we can name it Aronovitz Park and name it after a very wonderful City Official or some other city official who hasn't been honored in the pass. Maybe one of you will be honored at a future date if you do your job properly, but I say just at random picking out names and doing it just to stir up things is certainly going a little bit too far. I think that extraneous things like this should not be brought up cn somebody's whim, perhaps it will increase business, perhaps it will do this bring in more tourists. We're not against that. There are many other ways of doing it. I don't see other countries changing their names very quickly on their local parks. There is much more to say on the subject, but _I hope you get the intent and the idea of what I'm talking about. Thank you very :such. Mayor Ferre: Alright, thank you sir. That next speaker. Ms. Black: My name is Bonnie Black, 385 S.W. 77th Avenue and I was born in :Miami at Victoria Hospital. Mayor Terre and Commissioners, as a past staff member of Third Century U.S.A. Miami's Official Bicentennial Organization. I'm very disappointed to have to come to you today over this issue. Before you consider changing the name of Bicentennial Park into something sounding more like a birth control center. Please consider the following points. Number one, are the proponents of this changed, seriously hoping that the name will be able to alter Miami's image and thereby attract more visitors and international commercial interest. Two, has the Commission forgotten their reasons for dedicating the nark on July 4, 1976 in the first place of which you were Mayor Ferre? Three, did the Bicentennial Celebration hold so little meaning think this would not offend some members of this community? (4)just changing a naie like cosmetic 65 APR 281977 0 surgery really correct the parking or security problems of that park? Here's the crux of the matter, does the Cosmopolitan ambience of the City hinge on the names of its parks, amrports, or statutes. Are not the parks for the people? Didn't the July 4th, One Nation Under God celebration signify a bench mark so important in Miami's history that it should not be wiped out as if it never took place? .Miami is a young city struggling to establish its identity. Bicentennial Park came along and added something to its character, history, became a recognizable legitimate legacy that many could point to with pride and say, that's what our community has to show for the Bicentennial, a park that's open, beautiful and spirited. I hope to keep the name as it is. More parks, new hotels and a better transportation system would do more to appeal to tourists and residents, than what- ever decide to call our monuments and as a solution why not reserve the name the New World Center for the Watson Island Project? Thank you. Mayor Ferre: Alright, thank you. Next speaker. Ms. Morley: My name is Elizabeth Morley, 690 Ridgewood Road, Rey 3iscayne. Mayor Ferre, and Commissioners. I served as a volunteer with Third Century,"one Nation Under God Ceremony" which was the first event held in Bicentennial Park on the 4th of July 1976. I'm concerned about plans to change the name of the park less than one year after its completion. Hundreds of other Miamians besides me spent many unpaid hours making the glorious fourth happen. Many others worked on longer ranging projects including your own efforts in creating Bicentennial Park and even more of our neighbors joined us in person and all over the nation for the celebration of Americas 200 years, and Miami's 80 years. Last year was a high point for so many people. Bicentennial Park is a constant reminder we have of that excitement and the depth of our patriotic pride. Obviously, the thrust of the current Chamber of Commerce Programs is Miami's bright future in the International Economy, their effort to change place names is part of this program brings to mind the, frequent changes int city and park names in Russia and China to suit the governments current revolutions= image. Our image makers seem to have forgotten those of us who live here who had developed an attachment to Miami's places. We who have discovered that once you call it home it gets even better. Thank you. Mayor Ferre: Alright, next speaker. Alright, on the proponent side. Mr. Mendez: Thank you Mr. Mayor, members of the Commission. 1 didn't attemptto prepare as some others did, trying to do everything in good faith. I do not awn any property in the City of Miami. I'm merely a resident of the City of Miami, renting a house, so there's not any trait or any particular interest as it as been stated by others. Mr. Cngie: Your name please. Mr. Mendem: Oh, I'm sorry. My name is Jose Mendez and I reside at 265 N.W. 29th Street A member of the only,orecinct t'iat voted for Jimmie Carter in the Puerto Rican Communi .71 Let me say to everyone of you I don't know how many of you you have been very close to the news but I have heard and I have seen with my own eyes how last year our Mayorwith the big delegation frca the City of Miami went to score cities of Latin Amer4ca to present to them some kind of package so they can come, not to :New York City, not to rAlirornia, but to the City of Miami. I submit to you that in. order for us to attract or have that kind of attraction here in the City cf Miami and because the City of Miami also represent so many ethnic groups that we have to show that we mean what we are talking about. As I pass by Bayfront Park everyday I try to figure out for myself and I'm late coming into the English language, I try to figure out what is the meaning, the real meaning of a Bayfront Park. It's a park as I understand it, and somebody correct me if I'm wrong, of the little English that I : .cw. It's a park in front of a bay1verj meanless. Any park anywhere around an ocean can become a Bayfront Park. What we are trying to do in here we are trying to establish something meaningful. Something that will not simply be meaningful to see a pigeon eating bread or : eanuts, but to see a park that was identified with everyone in this community. "Park of the Americas", is not a park of the Puerto Rican, and by the way that's what I am. It's not a park of the Cubans, it's not Colombians, think about it, it's a park of all the Americans. Thank you all. Mayor Ferrer Alright, Mr. Mendez, thank you. Now, ladies and gentleman are there any other members of the public that wish to be heard at this time If not, I think since we have two items before us,one is the renaming of Bicentennial Park to a New World Center Park, and seconcly,the renaming of Bayfront Park we ought to take them separately, because their might be different feelings on different things. Let me start off the Commission discussion cn this by saying the idea of ;New World Center Park was originally the thought of Mr. Hank Meyer. cf this community, and he took it and Mr. Hank Meyer took it to various members of this community, who thought it was a good idea. I was not privileged to discuss that name with him at that time. I first heard about it at a Chamber of Miami Commission Meeting, I'm sorry at a Chamber of Iii4M4. Downtown Committee Meeting at the tcp of the 1 Biscayne Building from the 38th Boor, where Mr, Alvah Chapman, the 1 airman of that committee outlined 00 moo n ,r,' all of the plans of what is called the New World Center Committee, and the idea was that since we're trying to revitalize the whole downtown cote area that we ought to find for ourselves a new name that is representative of the image, the thrust, the ambition, the dream of tomorrow, not that we're not proud of yesterday in regards to Bicentennial Park, but that we did celebrate the Bicentennial and we always celebrate the meaning of the Bicentennial in our hearts, but that, rather than make it as a bench mark in itself that what we really should be talking about is something that is meaningful to Miami and uniquely Miamian. This was the request then of the Chamber of Commerce, who officially asked me as Mayor to bring before this Commission a resolution to rename Bicentennial Park and call it "New World Center Park". Now, let me say that I find that the name is a little bit long and complicated, but on the other hand I think the idea behind it is a very worthy one and I think these people, these women and men that are working on that committee are really working hard, they're dedicated and they're really beginning to do something meaningful for the whole Miami community. I personally don't think that it does any disservice to rename a park. Let me point out to you first of all, that we have in this community, Bayfront Park is not that old. Bayfront Park was only done about 40-50 years ago.' 100 years ago there was another Bayfront Park here, right here a quarter of a mile down south of here , it was called Bayfront Park, and then when we had another Bayfront Park, they didn't know what to do, so they called that one Bayfront Park and they called this one Coconut Grove Bayfront Park and it stood that way for years and years, and then, along came a group of citizens from Coconut Grove and they said look, why should we call it Bayfront Park, that's a meaningless word, let's honor somebody or some cause or some thing and they thought of the name of Peacock Park. Now, I never even heard of the word "Peacock", you did because you were born in Coconut Grove and you knew all about the peacocks, and I didn't know anything about the peacocks. But then now, these are pioneer families who came to Coconut Grove a hundred and some odd years ago and started Coconut Grove, and so, Father Gibson, I remember said, wait a moment you can't go around naming this Peacock Park, if you give in to all the folk in the community an opportunity, Mr. Manager, you said to Paul Andrews, have you advertised this? And, Mr. Andrews didn't know whether he had or hadn't, I forget what it was, so then you called for a public hearing as you recall and we had people that, some were opposed to it and some for and all that, and we went through the process, we renamed it Peacock Park, Yon know, we named this park over here Kennedy Park, it used to have another name, I forget what the name of that place was, and there were a lot of people that were opposed to naming it David T. Kennedy Park. Well. we named it David T. Kennedy Park, and for a while they used to rip down the signs, now the signs stay up and it's called David T. Kennedy Park, and that's one is called Peacock Park, and what can I tell you, you're either for or you're against it, and I think there are good arguments on both sides. Bonnie, you're a great person, I recognized what you said. I agree with most of it. I frankly, it doesn't get me all upset. I'm sorry I'in different from you in that. I think that Bicentennial came we celebrated it and, you know, as far as I'm concerned if the Chamber of Commerce wants to call it, if they want to call it NEW WORLD PARK, that's fine. Just like Peacock Park was fine too. I have no ... Ms. Black: I understand the inter workings of the Chamber of Commerce as well as you do and I appreciate the fact that you must, you know, put forth their request... Mayor Ferre: No, I don't, listen I go against the Chamber of Commerce a lot of times, so don't say that I must, I don't must nothing. Ms. Black: Well, maybe.because of the reasoning to revitalize downtown of co”rae, I'm all for that, as I said to you the earliest part of my remarks, I was born here. I'm looking for something as a native Miamian that I can hang my hat on, something that says that it belongs to me and this is something that I can always have and point to, and that was a particularly important -part ofmy_ life. Why not ask t' Chapman to rename the Boulevard in front of the Miami Herald, or call the Miami Herald the New Center Herald, instead of picking on something else? Mayor Ferre: They might, : don't know... Ms. Black: Ok, why don't you suggest an alternative, since there is such.cpposit_on and this did mean something to the hundreds of people that were there that particular Sunday and the thousands of people that watched it nationwide? There can be an alternate, and there can be something else downtown that can be as meaninful and offer to the Chambers that would satisfy everyone. Mayor Ferre: Bonnie, there's a lot... :'m sorry J.L. , go ahead. Mr. Plummer: Let me offer ar. alternative. Maybe it's a rare opportunity and maybe I'm completely cut of the ball game. CIO Let's -give it a try. Just what the name implies Mr. Mayor, . , . Mayor Ferre • What? APR 2& 1977 Mr. Plummer: New World Center, Now, why don't you have in the center of that pack a designated area as the center and call that the New World Center portion of the park, the Bicentennial Park? Mayor Ferre: Ok, I'll tell you where you can fit that in. tt just so happens Bonnie that we got a grant from Washington, which isn't ... we don't do that often, but we got this $90,000 statute which the National Endowment for the Arts, you know, they pick cities and they give these major arts things, so we got a... actually we got $45,000, we had to match it, so we ended up with a $90,000 statute and that a committee selected the artists and an artist that's from New Haven or Yale University or somewhere, very famous american sculptor by the name of Von Slago or something like that, so Mr. Von Slago went and did his piece and what do you think the name of the statue is?And it had nothing to do... - Ms. Black: ... I wouldn't touch that. Mayor Ferre: Well, you guessed it the New World is the name of the piece, and so it just so happens that it fits nicely. But, J.L., I think what we have before us is simply the renaming of Bicentennial Park to New World Center Park, now you're either for it or you're against it. Mrs. Gordon: Well, I have another suggestion. He could have the best of two worlds, maybe, we could have the New World Center Bicentennial Park. Mayor Ferre: That's a good idea. Mrs. Gordon: I'll tell you why I like the New World Center theme so that you'll understand why I'm not overly anxious to drop it. We are in the ... we are attempt' to create an international trade area here in this locale and I think we have to dir._: the world at large to us. We are here. We invite you. We are an international city already. We have ethnic groups here that number about 35 different ethnic groups and I think the idea of calling it New World Center wasn't such a bad idea but I buy your thinking and other people have told me the same thing, so that's why I came up with this New World Center Bicentennial Park. Ms. Black: Alright, my only rebuttal and then I'll sit down and accept whomever you decide. Wait a minute, you've all toured other cities around the world. Let's talk about Mexico City which has Alameda Park and Alameda Park, Paris, which has all of its outstanding tourist attractions. You don't see them changing the name in order to attract visitors and tourists. Let's keep what we have and work on the others things that attract tourists, like transportation and better amenities and better things that keep people here and stop worrying about the names, they're bigger issues. Mayor Ferre: Bonnie, I hate to argue with you, but I can think a dozen major parks in the world what have been changed, the Champs Elysees. :lien Napoleon came in he changed the name. Ms. Black: Not to attract tourists, that's the point I'm making. Mayor Ferre: I think you got... Mrs. Gordon: Yes, and carrying out the idea of identification or image building... Mayor Ferre: I like that. of at their least a half names, including firs. Gordon: That we might even carry the new world idea to other things and not change the original ideas. Mayor Ferre: Father, before you rake your statement I just want to say why I think I agree, because we're getting the best of two worlds there. We got the New World theme and we got the Bicentennial after all what's the New World? For us it's the Bicentennial of our country, we've been a nation for 200 years, that's a great marriage I like that, I'll go for that. Rev. Gibson: Mr. Mayor, what I wanted to point out was that, not only are they advocating that type of concept for the park, but the Junior College, the Ccwntown Junior College... Mayor ere: They changed their na.^.e too. Rev. Gibson: Yes that's what I'm tryingto say. allr ► Now, ► I love a_� of you and everybody y..cdy even in our church will tell you that I fight vigorously for Miami, Where s that s'.ster who said she was born here? You didn't want to tell your age, but 'm going to tell mine, 1'r 62 was 62 Sunday past, ADD 2 2 10 s MA. Black: Happy Birthday. PAV. Gibson: And, I'm willing to change and incorporate ... I like Mts. Gordorn's Suggestion much better and I think we ought to say to the Chamber that we have discussed it and there is some emotional feeling about getting tid of Bicentennial Park and so what we want to do is to have a marriage. Mayor Ferre: I like that. Rev. Gibson: And, I think we would have: the best of two worlds Mayor Ferre: Bonnie, you agree with that Bonnie? Ok. So, Mrs. Gordon moves. Father Gibson seconds that Bicentennial Park be renamed to be called the New World Center- Bicentennial Park. Call the question. Further discussion. Call the question. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 77-366 A MOTION TO RENAME BICENTENNIAL PARK: "NEW WORLD CENTER -BICENTENNIAL PARK" Upon being seconded by Vice -Mayor Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Now, I want to congratulate Mrs. Gordon and recommend that we approach Bayfront Park exactly the same way, that we leave the Bayfront Park name and that we now call it the Americas Bayfront Park and by doing so we have the best of both worlds. Those who want to call it Bayfront Park call it Bayfront, if you want to call it the Americas Park ... Mrs. Gordon: Let me say that... Mayor Ferre: Let me add two more things that I want to mention to you. In the City of New York when I was a little kid, but I remember it must have been 1939, 1940, I remember, no I guess it was after that, they took 6th Avenue and they renamed it to the Avenue of the Americas and there was a big uproar. It was 6th Avenue and it was 6th Avenue for 150 years and why should they name 6th Avenue, anything other than 6th Avenue, and so they named it the Avenue of the Americas. Well, finally we had a compromise and if you go to New York now you'll find it, it says the Avenue of the Americas and right under it 6th Avenue, and I'm saying look, this is a gateway city to the world. We happen to be, Gibson goes, Rose, everybody goes around saying what Miami's future is as a gateway city,Dick Judy wants to expand the airport, the Governor wants us to buy section 14 for the new jet port. Plummer goes to Columbia every other month. He, every time I turn around we got a new Sister City, we got this city, that city, I got a big wooden statute from one Sister City, you got, I don't know what you got... you got all kinds of medals, every - time he comes back from Columbia he's got a new medal, you know he looks... Hey, if you're serious about it, if you mean that this is really a Gateway city, if you're saying that you mean what you're saying about the Sister City Program, if you're talking about having an OAS Trade Fair here next year, if you're talking about making his a real honest to goodness commercial center I think what we ought to add is Bayfront Park of the Americas, everybody is happy. Mrs. Gordon: Maurice, I have to say this, because scmeone said what you want to change the name so the winos won't know how to find it? Rev. Gibson: Did you hear what she said, she said, why you want to change the names so the winos won't know how to find it? Mayor Ferre: Alright, who moves it? Rey. Gibson: I move. Mayor Ferre: Father Gibson moves Bayfront Park of the .merioas, Anybody want to second it? W. Reboso: Mr. mayor I want tO seogn 3 the motion. At the same tuae I want to say 69 APR 281977 • + just for the record that every Major capitol of the Latin P ericaii Countries we have hubdteds of parks, J.F. Kennedy Park, Abraham Lincoln Boulevard, Geotge Washington Maya, and all the national heros of the United States ate in Caracas, in Bogota, in Buenos Aires, in Mexico City, in all the countries, so t don't see anything wrong that when they ate sending thousand and thousand of tourists every year that we have the Bayfront Park of the Americas. Mayor ?erre: Well, I think this Commission has the wisdom of Solomon and I think we've solved everybody... everybody leaves here a winner. Alright, there's a motion and a second about renaming Bayfront Park to be called Bayfront Park of the Americas. Call the roll. The following motion was introduced by Vice Mayor Gibson, who moved its adoption: MOTION N0..77-367 A MOTION TO RENAME BAYFRONT PARR: "BAYFRONT PARR OF THE AMER/CAS". Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore R. Gibson Mayor Maurice A. ?erre NOES: None. Rev. Gibson: Thank you ladies and gentlemen. 23, LCNG DISCUSSION. AND REJECTION OF AGREEMENTS FOR: A) OPERATION OF FOOD CONCESSION; B) OPERATION OF DRIVING RANGE. - MUER GOLF CUE. C) . OPERATION OF PPn-SHOP. Mayor Ferre: Next show, take up item 20, authorizing the City Manager to execute an agreement with Perry Gary for the operation of the Melreese Golf Course Driving Range for a period of five years. Manager recommends. Anybody here on 19? Take up item 20. Are you in opposition? Unidentified Speaker: Opposition to number 20. Mayor Ferre: Alright, go ahead, say your piece. Mr. Stevens: Mayor, Commissioners, my name is Angus Stevens. Mayor Ferre: Mr. Stevens, excuse me, do you need more than three minutes? Mr. Stevens: I'm going to yield in just a moment after ... Mayor ?erre: Yes sir, go ahead Mr. Stevens. Mr. Stevens: I represent the interest of Mr. Charles DeLucca, who is also the proponent of a proposal, and at this time I would like to call on some of the speakers on behalf of the objectors to the :ropcsal. First I would like to call Judge David Popper. Mayor Ferre: Judge, we're honored with your presence here today and I apologize that we've taken so long. Atty. David Popper: My name is David Popper. I'm an attorney here in Dade County Florida. My office is 44 West Flagler Street. I'm here to speak on behalf of Charles DeLucca, who is also an applicant for the Driving Range. If you'll notice on your number 21, Mr. Oe;ucca is the only person who applied for the Pro Shop and apparently there's no opposition. here as the Mayor has made his check. At present time Charlie has both the Driving Range and the Pro Shop. Mayor Ferre: ,:Loge, you lad i= I cut through, because I t4i.i we may be able tP. solve th.:.z real quick and achieve your purpose and then it we don't then :Ill let you speak again, ok. Atty. David Popper: Well, if you're going to Vote oh it before i Mayor Ferre: We're not going to vote... Rev. Gibson: NO, no,.. Mayor Ferree Let me see how this goes for a second, hay f? Atty. David Popper: Alright. Mayor Perre: Just save your time and our time. Mr. Manager, why if Mr. Det.ucca is the operator of both Range and the Pro Shop at the present time is it being divided? Mr. Grassie: Mr. Mayor, and members of the City Commission. This question has received a lot of attention from the staff. The staff consists principally of the Director of Parks and secondarily from Vince Grimm in my office. Very simply in analyzing the pro- posals that have come to the City to on three different things, on the Pro Shop, the Driving Range, and the Food Concession, the staff has made recommendation that three different proposers receive those different facilities, and my understanding is that Mr. DeLucca has operated the Driving Range on an interim month -to -month basis for a relatively short period of time since June and the understanding has always been that this would go out for proposals. Very simply in terms of their analysis for the pro- posals they receive -lilt. DeLucca's was the worst of three proposals for the Driving Range. Mr. Plummer: wait a minute, let me ask this question please, because Mayor before we get into something we might not be able to back out of , Mr. Knox, am I not correct that the charter says that when we are the recipients of money rather than paying it out that we have to take the highest and best bid in the same way of incoming money that we have to take the lowest and best bid? I mean, if that's in the charter, please say so now and let's don't haggle back and forth. Mr. Knox: I missed... I came in a little bit late. Can you start over? Mr. Plummer: How could I answer that one? Isn't it a ruling in the charter that the Commission is bound on incoming contracts to take the highest and best bid as well as we are bound cn out flow to take the lowest and best bid? In other words from what I understand of the Manager this Perry Gary gave the highest and best bid. Now aren't we bound by charter to take that? Mr. Knox: Not necessarily. Atty. David Popper: That's what I thought. Mr. Plummer: I stand corrected. Mayor ?erre: Alright, I think we're obviously going to have a contest here, so let's ... Judge I apologize you go ahead and conclude your remarks. I would like to make sure that nobody speaks more than three minutes. Does anybody object to that? Mr. Grassie: Mr. Mayor, in full answer I think to Commissioner Plummer's question, the City Attorney answered this specific question but you also need to know that the question is not covered in the charter. Mr. Plummer: Excuse me,is it covered somewhere else? Mr. Grassie: Well, it is standard... Mr. Plummer: Other than good business practice. Mr. Grassie: Practice of the City. mayor Ferre: .... Look the position of this City in the 8-years that I served, it's always been that we take the low bid on .. . when it's costing us money and the high bid when we are receiving, unless there is a strong reason to do otherwise, That's always been our posture. Go ahead Judge. Atty. Popper; It is normal on golf courses, we have Mr. Loponzina, who is an expert. this field and others in the professional golfing range who are here to testify. Now, when you have a pro, and the golf shop and the driving range go together hand and glove, the professional is the one who instigates and brings things about where people will come to the pro shop and to the driving range. If you look in the past year LeJeune Golf Course finally made a profit when Mr. DeL:icca ran it. He had the three things together. He had the pro shop, he had the driving range and he provided the facilities at no cost to the City of Miami putting his people there to take charge of the cash • 71 APR 2 81977 i register to get people in and off that golf course, which was a savings to the City of Miami. Now all of something is something, all of nothing is nothing and a large percentage of nothing is nothing, Now if you look,and the records will be presented. and statistics will show you that you have to take only a certain percentage, giving to the city in order for a person to come out with a profit. Nobody is going to run this driving range without a profit and if you have a person who instigates the clinics, who handles the clinics, who brings people they'll make money. 31% of nothing is nothing. Now, Mr. Grassie, on behalf of the City of Miami sent out a letter which set forth the qualifications, In it and I read from page 2, the prospective lessee is to provide professional golfing instructions in an area close to the driving range for the use as a golf lesson and instruction area and if you look at the contract they have of Mr. Perry and his proposal. he said, I will bring in a golf profession. I will bring in, -he can't do it. _ He's.not qualified. You have a qualified man who y has given the Citof Miami a profit for the first time and now you say, I'm sorry, somebody gave you a higher bid, you go promote for somebody else to make money on the driving range because we're not going to let you have it, and that's what you've done. You're giving a man something that's in competition to all the discount stores where the pro shop itself cannot make money unless the driving range works in conjunction with it. Every other golf course you'll find they're under one man, except here as you propose today. Mayor Terre: Alright, I'll tell you what my preliminary opinion, see if I can cut through, I'll tell you Mr. Grassie, I really feel that it doesn't make any sense to separate the Pro Shop and the Driving Range, I really don't. I think we thould've bid that as one unit and if we didn't bid it as one unit, I think we ought to go back and re -bid it as one unit. Mr. Grassie: Mr. Mayor, you knew, what we're starting to talk about is how are we going to run the golf course. I suggest to you that the first thing we need is to find out what the Parks Director who is resaonsible for that activity has to say about these general statements made by a person who is basically promoting the interest of one individual, an unsuccessful bidder in this case. Now they've done a lot of work cn this question and there's more information available and certainly .... Mayor Ferre: Alright, I think at this stage of the game, before we go much further, I think we ought to probably hear from Mr. Al Howard and see why he did it this way and if he feels that it ought to be done. Mr. Howard: Well, when we first sent the bids out we were hoping to get one bidder for three, facilitate the operation of the golf course and for the best interest to the City, but when the bids came back we had three bids on the driving range, one on the pro shop, and one on the food concession. Nobody actually bid cn all three concessions. Of the three bids we met with these people, a committee of three, Yr. Price, Mr. Heggy and myself. We evaluated all of the bids and their proposals, checked out their back- grounds, their experience and found in the best interest to the City that Mt. Perry had the best bid for the driving range. Now the statement was made that Mr. DeLucca operated all tree facilities. Mayor Ferre: You're talking about Mr. Gary, you mean? Mr. Howard: Right, Mr. Perry Gary had the best bid of 31%,. there -was -another: bidder cf 22% 'and Mr. DeLucca bid 14%, so it was a vast difference. As a matter of fact, the difference between the City's income at 14% and a bid at 31% is about $5,000 per year over in a 5-year contract 25... Mayor Ferre: Ck. Mr. Plummer: Let me understand one thing.... Mr. Grassie: It is also not true from what the staff tells re Mr. Mayor, just for the information of the City Commission, that these two things are always together every place else, based on their analysis of what happens in other golf coursesthat's simply not true. Mayor Ferre: Ck. I stand corrected. Mr. Plummer: Let me ask this question, Mr. Howard, did I understand you to say that it would be desirable to have all three by one ? Mr. Howard: We had hoped that we could have one person operate all of the concessions down there, both the food concession, the driving range, and the pro shop, and would have other people who had the experience in each one of those things run the operation, but we received no bids on all three. 1- C 72 APR 281277 Mr. Loponzina: Mr. Mayor, may I speak please? My name is John Loponzina from 1460 N.E. 101 Street, I'd like to give you a little background of myself, I'm Vice President of PGA in the State of Florida. I'm an owner of a golf course, Pembrooke Lakes Country Club. I'm also owner of the second largest driving range in the City of Miami, North Shore Driving Range on 95th Street in Miami. I have quite a few things I'd like to bring out here. I'll try to make them as short as possible and I want to appreciate the City Manager and Mr. Howard, but they are showing me a lack of knowledge of the golf operation and they are actually showing me their ignorance in the operations of a golf course of which I own one and operate one, so I have a little bit of knowledge of the operations of one, and with all due respect to them, these people are not qualified or not knowledgeable in this field, because I can tell you this, number one, contrary to what Mr. Grassie just said, it is common policy and common procedure for a golf professional to be involved in a total operations of a golf course, which means the handling of the pro shop, the operation of the driving range, where he gives lessons, where he gives golf clinics, where he promotes golf,and whiia:ie's promoting business for himself he's also promoting business for the golf course, bringing people there and enabling the golf course to also earn money. I also might tell this to the Commission, whether or not they're aware of it, it is also common policy is to pay the golf professional for his services and I can show you hundreds and hundreds of contracts throughout the country and throughout this state where a golf professional is paid for his services, receives the pro shop, receives the driving range income, and for that is the control of the operation of the golf course, and promoting the golf course and making money for it also. You know we could probably line people up here outside the city block for five blocks and speak in behalf of Charles DeLucca. Charles DeLucca has been a golf professional for some 12-years, he's been instrumental in this area in promoting junior golf, he's been instrumental in promoting amateur golf. In fact, he is probably the most instrumental PGA golf professional in South Florida that I know of. I know no one who works more hard and more dedicated in this area, and by the way gentlemen you do not pay him any money for these services. The normal procedure would be to be paid. He provides these services for the City. He's not in a $35,000 a year salary, he's not in a pension, he has none of these fringe benefits that other people in his area have and he has all the knowledge,he does all the work, and he is the one there promoting business, not a man sitting behind the desk writing out memo's, He has nothing to do with the operation of that golf course my friends. The man behind the desk teaching the kids, teaching the women, teaching the men, bringing people out to that golf course, he is the one responsible for the operation of the golf course. He's the one responsible for making it successful and unfortunately I feel that it's ignorance on the part of some of the Park Directors, the City Manager's and whoever else is responsible for these type of actions why this proposal should not be defeated. The golf professional is entitled to the pro shop, he's entitled to the driving range, he's entitled to the have -these concessions to be able to make a living and this man is not being fairly compensated for his ability and talent and it's a disgrace to the City of Miami that they allow this man who has dedicated his life to golf and to the city to not be entitled to overate these concessions. Mayor Ferre: Alright, next speaker. Mr. Goodhart: Mrs. Gordon, Commissioners, my name is David Goodhart. I'm an attorney. I also represent Charles DeLucca and I have been associated with professional golf since 1959 and I want to tell you that there is one thing that you are all overlooking, because the bid says 31%, if you know anything about the golf business, if you know anything about the professional golf business, if you know anything about pro shops today, not only do I represent Mr. DeLucca, but I represent numerous pro's throughout the State of Florida and I can tell you what the professional golf business is. It's a tough business with the Zayres, with the discount stores, this man who has devoted his life to golf in South Florida, Mr. DeLucca who has built the Melreese Golf Course to the first profit making year in the history of Mel Reese with last year. Last summer you had a $45,000 increase in revenue at Melreese due to Mr. DeLucca's efforts that he was the only one that had the expertise and the knowledge to cut the fees for summer time, thereby increasing the volume in your fees, He's the only one that has put this facility of the City of Miami at a profit making basis. It is un- realistic in this day and age to think that you can have the dichotomy of one man running the pro shop and another manrunning the driving range. He's entitled if he's working for the city in the pro shop, he's entitled to have that driving range. Now, I will tell you and these words will come back to haunt you that you cannot operate that driving range,based on professional golf statistics throughout the state, and return 31% to the City of Miami It is an unrealistic figure. Someone said it's the best bid. Just because it's the highest bid does not necessarily make it the best bid. :t's the most unrealistic bid, and I say to you that in all fairness and in all candor based cn the past cer!crmance of Mr. DeLucca's expertise and his PGA golf experience that he is entitled to run this, not only the pro shop but he is entitled to have the driving range and to put it on a money making business, because if I offer you 50% but if I lose money at the driving range you're not going to make any money. If he offers you 40% and he turns money over to you every year like he has APR 281977 • this past year, you're going to be at a money making basis. Mayor ?erre: Alright, thank you very much. Alright, next speaker. Mr. Williams: Mr. Mayor, my name is Gene Williams. I'm a Sports Writer with the Miami Yews. I'm here on my own today though. Six years ago when I came here I didn't know anything about golf, but they told me I was going to be the golf writer which happens at newspapers. (laughter) Rev. Gibson: What, what I can't believe it. (laughter)... Mayor Ferre: An honest newspaper man and wonderful, that's great. Mr. Williams: That's true. I may still not know a whole lot about golf, but what I do know is because of that man there. He has helped me out in enumerable occasions, everyti a I've had a problem,eve_rytime we wanted to run a tournament , the Miami News ran a tournament we ran to that man there. He ran it for us. We didn't put up any money, he got the trophies for us. We had it at his golf course or your golf course. What I'm trying to tell you is that if the City of Miami had to pay for advertising that they get everyti'+p we mentioned his name and the MeL-eese Golf Course I don't think you could afford it, and I just feel that he couldn't have to scrounge around and make a living if he can get both of them that's the way it should be. Mayor Ferre: Alright, thank you very much. I really appreciate your being here. Next. Mr. Rhodes: My name is Seth Rhodes. I'm a dentist. I live at 15041 Aberdeen Way, Miami Lakes. I think one thing that we have forgotten is what Charlie does for the kids of our area. He trains them, he gets them out there, he's a an that has takeniids he gets them off the street. He can get a child out there and have them practice 3,4, 5 hours a day. He's qualified to take care of cur youth. I heard about a half hour ago that it wasn't very important that we lose $15,000 in revenue because of the motion picture, I think it was something to do with the motion picture industry. Well, I think the lost of perhaps $5,000 is not much a year, if this is an actual fact. I think he will brine ,honey to the city, not take it away from the city. Thank you. Mayor Ferre: Thank you very much. Next. Ms. Daggert: My name is Mary Daggers. I'm been the head of the ladies P.T.A. for a number of years and I'm the Area Consultant for the National Golf Foundation. I also wish to speak in behalf of Charles DeLucca Jr., who only two weeks ago was responsible to bringing to the City of Miami and to all the teachers_ of Dade County.a program which preparedthem to teach the youth of our community. It was through Charlie's ef_ar _s alone that this program became possible and we will spend more money putting the children on the streets during the swimmer than we will if extend to him this privilege of having the driving range where he does teach our youth. I am a teacher and a coach in the " community and although I am not speaking for the college I am speaking for myself and the people. I know we have a young lady who is a product of that community. : just don't know where he would hold this beautiful summer prcgraa if he could not have the facility of which to teach the students, so cn Charlie's behalf I just think that you ought to re-evaluate the criteria that you have set up in a monetary basis and think of what we are doing for the community. Mayor Ferre: Alright, thank you. Next speaker. Mr. Rickles: :4y name is Ray Rickles and the last 17 years I've been associated with golf publications, national golf publications, and throughout the State of Florida and the Southeast I don't know of any golf course, public facility that is, that doesn't have a combination of pro shop and driving range, unless the city rans the whole thing and pays the pro. So where Charlie is concerned, I don't think he can make a living in the pro shop. Now, before they said that he has ran the driving range since rune of last year, only because there was a contract at the time in force when he went in there and he knew that he would : robably get the driving range. I also :snow that Charlie has given a number of clinics anci,in fact,I re'n m-er that in his office there is a plaque there. He took the Black community, he took 65 youngsters, he gave them 3 weeks on his own, he took them to driving range taught them no charge, this is the type of thing he noes and does well. Thank you. Mayer Ferre: Thank you. Alight, next speaker. Mr. Peters: Mr. Mayor, Commissioners, my name is Gorge Peters, I'm the Secretary of the Dania Amateur Golf Association, and I'm a Director of the Aiami teJeu_ne Men' s Golf Associaticn housed at the Melreese Facility. Charlie DeLscca has never denied help to any one of the organizations that have come to him. He's always come forth unselfishly and he devotes himself very much so to promoting golf. I totally can sympathize with Mr. Hcward and Mr. Grassie from taking their standpoint. They probably APR 2 S 193 acted in a sense that they felt was proper. However in Charlie promotion of Junior Golf helping the Men's Association, he also promotes play at the Me1reeae Facility and I think a man devoted to increasing revenue at the facility through his efforts would only be discouraged if one of the entities that allows him to make a living were taken from him. Thank you. Mayor Ferre: Alright, next speaker, Mr. Plummer: Mr. Mayor, can I cut this cut, because you know really, probably no one sitting up here on this Commission better than I,and I'm not a golfer-0by the way, I've never played golf in my life -but on every occasion it seems like I've been invited or asked to present trophies in which Charlie DeLucca has busted his hump to work and not city activities..his hump, you never heard of his hump? Father, if you wanted me to tell you in the vernacular that you would understand I would be embarrassed,` ou know, so really to go on up here, you know, I've:been there when Charlie promoted on the Chapl�r1Tg I've been there when he promoted on the kids over on Key Biscayne, I've been there, there's nobody here questioning that Charlie DeLucca has done one hell of a fine job, but this is not the point. Well, sir, I'm not trying to say that, all we're having here is repetition of speakers of what a great guy he is and I'll attest to that. I think everybody here will stipulate that, even maybe the opponent will, but the point Sir I didn't interrupt you when you were speaking I gave you the common courtesy to listen and I'd ask the same. Now, all I'm saying,Mr. Mayor,is our problem is not whether he's a good guy or bad guy, our problem is here on the agenda and I think that's what we ought to address ourselves too. I don't mean to cut anybody off, but let's get down to the guts, let's get down to the meat of the subject... Mayor Ferre: Alright, well wind it Counselor, so we can... Atty. Stevens: Thank you Mr. Mayor. I think the words have been stated succinctly with regards to Charlie. I think Commissioner Plummer has put it in its proper perspective and I think that the issue is the best contract. Now, I disagree with the City Manager's recommendation, because I don't think the contract that he proposes is the best, because if you go beyond the issue of the percentage then the man who submits the proposal has no other aualification, and therein lies the truth of the fact of the qualifications of Charlie DeLucca, Now where you have an overridding public concern and you do have representatives of the people who are here speaking on behalf of Mr. DeLucca you have an overridding public concern for the success of the gain and in the interest of the kidsand the development of Melreese Golf Course. Whether or not you make $5,000 more next year than you did this year on the driving range is immaterial, Do you have the man qualified to run the facility who can teach your kids, who can develop the course and who can develop the game and work in the best interest of the City of Miami, and I say that man is Charles DeLucca? It is not the proponent of the plan that has been accepted, and I think that in that overridding concern you should lock to the qualifications of the individual who submits the proposal and I think there Charlie DeLucca has the overridding qualifications, and I say today of the question is more than money because you haven't lost money with Charlie DeLucca, and in addition as Mr.Loponzina said, you have gotten a great deal more for the right you have given Charlie to sell merchandise in a pro shop than you pay for. Thank you. Mayor Ferre: Alright, thank you sir. All those letters are going to be submitted into the record and I've answered most of them, I don't know whether I answered yours. If you want to speak you have to come to microphone and you got to tell us your name and you got three minutes. Mr. Rhodes: I was up before, my name is Seth Rhodes. I did state in the letter that if I were in the... as it happens I'm a dentist. Well, if I put in a bid to build some roads and I'm x-number of dollars less than anybody else they have to look into my qualifications to see if I can put my money where my mouth is, Charlie can. He can produce for the City of Miami. He can do the best job for the kids, get them off the streets, get them out of the areas where they are, and really :Hake good citizens of them. He can do a much better job. He's qualified and just because he doesn't have the highest bid doesn't mean he's not qualified to do the best job. Mayor Ferre: Alright, look, we've got to move on now, so I think, let's have the other side of it. Go ahead and since your opponents have taken well over I would say fifteen minuce you could certainly take up to that time if you need it. I hope you don't. Mr. O'Donnell: Mr. Mayor, Commissioners, ladies and gentlemen, my name is Francis O'Donnell. My offices are in South Miami, 7233 S.W. 57 Court. Mr. Perry has submitted to you,and it's in the folder,his proposal which is the most favorable proposal to the City. That's what this is all about. What is in the best interest of the City. Now, we can nave people cone in by the dozens also as to Mr. Perry's business acumen, as to his success, as to his operating in the past driving ranges, You na"e in the letters of recommendation Omar Stang, President of the First National Ban}: of South Miami APR °6 I1 as to his financial responsiblity.You have a letter from Mr. Wilbur Mc H as to the character of the successful applicant. You have a letter from Mr. Dick Cobbs who is in the insurance business as to the character and the willingless to supply. the required insurance on the proposals. You have in the folder a letter from Mr. Fred Fiipse, President of Exotic Gardens as to the successful operation of the driving range by this applicant. This man is an experienced successful business- man who would not go into a bid unless there was every reasonable means of success available to him. Now, in addition to that, your city officials have evaluated the proposals, all that was submitted, and each person was allowed and invited to submit on all three proposals, but interestingly, none of them had to do with the operation of the golf course, which the city is going to operate . So all the statements that you've heard by very wonderful people, and I remember Johnnie when he was about this tall and I was on the Board of Directors of Palmetto Golf Course for 5 years. I've not seen then and I wondered what happened to him. The city is going to operate the golf course, so all that is at issue at the present time is the pro shop and the driving range. What has happened to change the circumstances of the bids and the recommendations of the City Manager, the recommendation of the City Director of Parks? Nothing has changed. The business relationship is the same, the application that has been submitted is the same, the requirements are the same, nothing has changed. You will note, and it's been stated by Mr. Grassie, this proposal by Mr. DeLucca was the lowest of three, 14% . If we thought that there was going to be opposition like this we would have brought more people, but I really don't think it is the number of people that speak for or against a proposal or a resolution that should be taken into consideration by the members of the Commission. I think that the time f o = Mr. DeLucca to have spoken was the day he submitted his proposal to the city, and at that time he did not have the eloquence of one of the attorneys that spoke to you today or the very wonderful golf pro's or of his friends. Every golf pro has friends all over this city if he teaches here. Every golf pro has millions of friends, just, like Notre Dame has .the largest alumni in the world. A golf po is a person you like. I like Charlie DeLucca, but that has nothing to do with the facts today. Now, strange their main concern was the inability of Mr. DeLucca to have the junior classes, to give lessons, to hold the ladies program, so on, so forth. The very terms of the proposal submitted allows Mr. DeLucca to continue to use the driving range for these very purposes that they're lamenting that he cannot go along and co these things and we will state here for the record that Mr. DeLucca is welcome to use the driving range for any of these programs as long as there is reasonable noti�ala112hcing and cooperation between the pro shop and the driving range. :here's no reason why there will be any loss of any of these programs unless fir. DeLucca in a fit of anger decides well I'm not going to do them if I don't get the bid, So I can state most certainly that :sir. DeLucca is not going to do this and I don't represent him, but I'm sure that if he's as sincere as his friends say he is that he will continue to promote these at no expense to him, so that is a speechless argument that should just thrown away. Now, very simply after evaluation of this I hone that you'll listen to your City Manager. I hope that you'll listen to the Director o.! Parks Division, because what they said is very true. They want the best deal for the City of Muni. I believe you will approve the resolution as it has been/ submitted and recommended. I feel that all that has to be said has been said. : feel the facts are on our side, but the one there's one thing that you must be aware of. It has been said time and time again today, that the golf course made money for the first time, but they didn't tell you who operated the golf course. It was not Mr. DeLucca. Find out from head of the Parks who operated the golf course, so that is the last of their arguments and it's out the window. If you've looked at the facilities, had you inspected them before you came here today you'll see they need changes. I appreciate your attention. I solicit your vote and a favorable vote on the recommendation. Thank you. 1 Mayor Ferre: Alright, s . ^, any further statements? not discussion from the Commission. Yes six. Mr. DeLucca, Jr.: My name is Charlie DeLucca,Jr. I'm the golf professional at the Melreese Got= Course. It's very hard for me to speak without any bit of anger. The with problem with trying to ran programs .... the simple problem we couldn't afford to do it. It has nothing to do with anger. The city has put me in a position to where I cannot make a living, that makes me.... it upsets me.... I'm sorry... Mrs. Gordon: Mx. Mayor, I find and I can't define it, there is a real problem in this application and I'm not prepared to vote cn it and I feel that it niighm be an iniquity here that we don't recognize we're doing it. Cne wanted three or two or whatever we want to call it, but I just feel something is not right and I don't want to vote on it. UNIDENTIFIED SPEAKER: Mrs. Gordon, what is :lot - -- -`. the . --..._ _s cze _sc+ ..st you c4_,. not tut ,. t;_ two of them together. Mans. Cordon: That's what I mean. That's exactly what 1 mean. 74FR Mayor Ferre: That's what I said half an hour ago and we could have saved a half an hour of time. That's what I was trying to tell you. I knew this is the way this was always going to happen and I was trying to save half an hour of time but you know you said, alright, fine, now you want to put it to a vote and see what happens? I'il tell you what's going to happen you're going to get at least 4 to 1 vote here to defer this item and to instruct you to put it together and put it out for bid, that's what's going to happen. That's what I knew what was going to happen half an hour ago, that's what I tried to tell you. Mr. Grassie: I guess the question Mayor, since you're addressing those remarks to me is whether that's rational. Mayor Ferre: I think the question is exactly whether it's rational. Whether it's rational to take a person who has been taking a program and improving it and taking it from a loss program to a profit program and cutting him out of it, that's right, Is that rational? In my opinion it isn't. And furthermore I'll tell you I think there's only one way to address ourselves to it and that is to re -address ourselves. Mr. O'Donnell,Atty:: Mr. Mayor, you're stating facts that are not quite accurate. Rev. Gibson: Go right on, I'll run the meeting. Proceed,sir. Mr. O'Donnell: Since it affects his opinion so much 1 feel like waiting... Rev. Gibson: Alright, good. Mayor Ferre: Go ahead. Mr. O'Donnell: Yes sir, thank you. Mayor and Commissioners,we are dealing with facts here not emotions. I hope that is how we run the City of Miami. The facts are very clear. There were bids, solicitations for bids. There's been a lot of time, money, effort put into these by a lot of people who considered the applications and put in the bids the way that the city asked for them. Now there is nothing that I can see that would justify a delay in the vote today, because Mr. DeLucca made an error in submitting a bid.. Now I have great respect for him. My oldest son was under his tutorage for a while, but the facts are this that you. asked people to bid on operating the driving range, operating the pro shop, operating the food concession, to enable the City of Miami to get the financial returns. That is your obligation,your sworn obligation to do your best for your city, Now there's nothing that I can see that Mr. DeLucca or any of his representatives today that would indicate that he would give the city 31%, In fact, his opinion is that it's a rash bid, ..despite the fact that we have a performance bond, we have a guarantee minimum under the resolution so we know, and the city is happy with what the minimum is that they're going to use plus the fact these gentleman not only evaluate the city for your best interest but they evaluated the bids and came up and said this is the best bid. I don't see how you in good conscience can at this tine just throw it all out the window and say ok Mr. DeLucca we're going to give you a second swing at it. .... If the ball goes into the water you take the penalty, that's the way he teaches golf and that's the way he should live his life. Mrs. Gordon: May I ask you a question sir? Mr. O'Donnell: Yes ma'am. Mrs. Gordon: Were you offered to bid on both items? Were you offered an opportunity to bid on both items? Mr. O'Donnell: Ma'am they were advertising, all people were allowed to bid on three items the food, the pro shop, and the driving range. Mrs. Gordon: But you selected just one. Mr. O'Donnell: The one of our expertise, yes ma'am. field of the business. We are an expert in this Mrs. Gordon: Ok. Mr. Knox, may I ask you a question, because 1 think it's a legal one? Have we the right as a Commission, if we think that the Administration put out the bids in three parts and we feel that that was an incorrect procedure, do we have a right to ask that it be re -bid in the proper procedure? Mr. Knox: There is a procedure whereby the City Manager may reject all bids and submit it. Mrs, Gordon: C. • 'APR 2 .F 1 7 Mayor Fetre: That's the City Manager now, that's not what she asked you. Mk. O'Donnell: That's correct, the City Manager. Mayor Ferre: What she's saying is, she's asking you is that at this stage can this Commission get a policy of rebidding by .,, and grouping both of these items into one? Mrs. Gordon: Because we feel that having separated them, I do, feel that it presents a disadvantage to the city in one respect and as you analyzed it an advantage in the other, because if it was an advantage to having incorporated or taken two parts of this, this bidder would have taken two parts, he didn't. Mr. O'Donnell: Why Mr. Knox is thinking about that, may I give you a little history of your operation. It has always been separated during the operation of Melreese Park, if you will look at the situation. It has been separate operators. Mrs. Gordon: Well, I don't know. Mr. O'Donnell: I'm giving you facts ma'am. Mr. Howard: That's not completely true. When Vince Allen was there it was underone operation, but when Vince Allen left it was put out on bids and there were three separate concessionaires for the last 5 years. Mr. O'Donnell: Five years. I stand corrected. Mrs. Gordon: But it wasn't doing as well. Mr. Howard: Yes it was. When Vince Allen was there around $15,000 to $18,000. When Mr. Pierce took the to the maximum one year of $32,000 and the last year So we did double the profits. Mayor Ferre: What is it now? Mr. Howard: Last in operation was $29,000. Mayor Ferre: Did Mr. DeLucca run it then? Mr. Howard: Mayor Ferre: Mr. Howard: Mr.Plummer: Yes, but Mr. Mayor, let me interject something here, excuse me. Mrs. Gordon: Can we get a legal answer first J.L. Mr. Plummer: Oh I'm sorry, well he gave an answer. the driving range was only making range individually he jumped it up he was there he made $29,000. No, he's only been there since.June 16th. Has it gone down since then? No, I think it has gone up a little bit. Mr. Knox: I,n answer,in precise answer to Mrs. Gordon's question about the Commission's authority. The Commission does have the power to express its will by motion and or resolution. Mr. Plummer: What did he say? Mr. Grassie: My understanding of what he said, you know, the City Manager has the authority to reject the bid, If after you hear the facts,if you think we ought to approach this differently, then we'll approach it differently, That's the way we do all our bids. It's not a question of whether you have the legal right to do it or whether you need a resolution. Mrs. Gordon: I only ask because I don't know. Mr. Grassie: Yes, but I want to make one other point with you and that is that i started out with the same kind of view, and I would qualify it as an uninformed view, any view was uninformed. I started out with the same kind of view that you have, and I guess after asking the Parks Director and Vince Grimm to lock at this very carefully, they convinced me that they'd looked at it carefully and that they were making a recommendation in the best interest of the city. Now, that they can be wrong, yes;they can be wrong. The only thing I'm suggesting to you is that you should at least find out as much as I have found out abort what they know, you know, so far you haven't even asked them what they know. 78 APR 281977 Mr. Plummer: Mr, Grassie, excuse me, excuse me.,., Mayor Ferre: Isn't that your job to inform us Mt, Grassie? Mr. Grassie: I have a recommendation in front of you Mr, Mayor and the Head is standing here and he will inform you if you give him a chance. Mayor Ferre: You obviously see misgivings on this Commission. you see this type of hesitation to clarify your position if you now and you to anybody you want clarify your position. Department that there's some thrashing going on and serious Now, it seems to me that is your responsibility if going on which is contrary to your recommendation feel it isn't understood and I give you the floor and you go ahead and speak as long as you want to Mr. Howard: Well, when the bids were first put out I think it was very apparent that anybody could have bid on 1,2, or 3, the way the bids were written. I think everybody had an equal chance to bid 14, 22, or 31% and what we were trying to do is pick the best individual with the experience with the interest of city at heart. Now, on golf courses, on municipal golf courses from Clearwater or St. Petersburg down to Miami more than half of them do not have proqin Dade County, Palmetto Golf Course does not have a pro, it is operated by the County. They operate the driving range, they operate the pro shop. On Key Biscayne it is operated by the County, they do not have a pro. They have a pro that comes in and give lessons, but they do not hire a pro. At Bayshore in Miami Beach and Normandy the concessions are let out to any individual. The pros come on the premises to teach. They do not hire a pro. This is put out through a corporation In Biltmore, most recently they have hired a Golf Pro Manager, he is on a salary. All revenues taken by the pro shop and by the driving range go to the city, he basically paid a salary as a pro manager. In Orange Brook, in Hollywood, concessions are let out to a corporation. Well, I'm saying, before they said that every course has a pro golf operating the range and the the club house,that is not true. In municipal and private courses, yes. Mayor Ferre: Al we accept that. Ncw, keep on going and convince us, what's the point? Some have pros, some don't, I understand. Alright we accept that... what... Mr. Howard: Right. I think the point is that the driving range can operate by an experiencedpersonnel without being a pro and when we baseeour bid, when we gave you our bid we evaluated with a man with experience checked out his experience and felt that 31% as high as it maybe as rash as some people may think it may was a good percentage. This man --- bid will not make $29,000. He may raise up to $40,000. Mr. DeLucca may do the sane thing. Mayor Ferre: Let me ask you three questions. Mr. DeLucca has been operating that driving range since June of last year, ok. So, in another month it will be a year that's he's been there, right? Mr. Howard: Yes. Mayor Ferre: How did he end up getting that? Mr. Howard: No, we had Mr. Pierce who was there. Mayor Ferre: Was he the bidder? Mr. Howard: He had it for five years. Mayor Ferre: Well, he bid it. Mr. Howard: He bid it. Mayor Ferre: He had been the low bidder or the high bidder? Mr. Howard: The high bidder the time before. When he finished he was paying 18%. He did not want to have the range anymore, so he dropped his agreement. It was over five years. One time we had nobody to operate the range. We did not want to operate it, so the most logical person was the pro at that time to go in on an interim basis. Mayer Ferre: Let me ask you this question. Mr. Pierce, when he bidded was that five years ago? Mr. Howard: Yes. He finished on 6/15 of this cast year. Cn June 16,... Mayor Ferre: When was it that he had started? What year did Pierce start? Mr. Howard: He started in 6/15/71 to 6/1 4/76 , five years. 9 APR 281977 Mayor Ferte: So he went exactly five years. Why didn't we bid it again in... when Pierce finished his five year bid? Why did we give it to DeLucca? Mr. Howard: We were at that time trying to put the bids together, having the concession and the pro shop and the driving range together. We wanted to get the bids out at the same time. Mayor Ferre: And, five years wasn't enough to do that? You had five years to know and you knew that the contract was over in five years. Mr. Plummer: There was another thing also Mr. Mayor, which you and I together asked them to do and I'm sure had a bearing on it and that was the possibility of going out on concession for the golf course itself and that was almost six months. Mr. Howard: We did have them prepared at one time and then we stopped because this came up. Mayor Ferre: Alright, then, now let me ask you this. Was Mr. DeLucca the pro during those five years that Pierce ? Mr. Howard: Yes, he was. Mayor Ferre: For how many years? Mr. Howard: For almost those same five years. He came on in November, I believe of 7_ Mayor Ferre: So, in other words, Mr. DeLucca was able to make a living as a Golf Pro for five years without the driving range, is that right? Mr. Howard: He was there from 1/72 to 76, actually November I believe it was 76, when his contract, agreement was over. Mr. DeLucca: No sir., I didn't make a living. No,I had another business. Mayor Ferre: Ok, wait a minute, don't go away, so I can ask you this. Charlie, what you're saying is that during this time you did this part-time and you had something else that you were doing? Mr. DeLucca: Mayor Ferre: Mr. DeLucca: Mayor Ferre: Mr. DeLucca: make money. Yes, sir. Now, since you got the driving range, are you full time there? Yes, sir. Does that make a difference in the time and .... The Pro Shop doesn't make money, honestly, it can't make money. It doesn't The range makes money, it really does. The range makes money.... I got the picture. Now, you, in the last year that you've had both the pro shop and the range,you've been able to dedicate full time to the... Mayor Ferre: Mr. DeLucca: Last year and a half. Mayor Ferre: Look, let me, you know, I kind of, Mr. Grassie, I want to apologize to you for losing my little bit of my temper in reaction to you losing yours, but let me tell you something, you know, when I get challenged about using... about being rational, you know, which seems to be some type of a theme now about whether or not this needs a emotional reaction or rational reactions. I mean to tell you what I think is rational and I guess since we're going on the record, I'll let it all hang out. I think that when you get the head of the Women's Division, Ladies Golfers in this community. When you get the head of the Men's Amateur Golfers, when you get the Sportwriter, who in a way could be risking his job by coming down here sticking his neck out because he shouldn't be doing that, to come here and talk. When you get somebody like like Judge Popper and two distinguished members of this community that are coming here and I would assume they're not being paid to represent Mr. DeLucca. Mr, DeLucca: I can't afford it on my living. Mayor Ferre: And, I'm going to tell you something. You know what that tel.'.s me. That tells me that this guy has gotten, and I don't know him, I don't think, , , , Mr, DeLucca; No sir, I've newer met .,. Mayor Ferre: 1'Ve never talked to you, if I ever met you I apologize for not regogniriig SO APR 281977 • you but here's a man who obviously has the support of a cross section of this cotunity. He's been serving this cotbnunity and obviously it's a tough business and he's beets able to make it by getting that driving range and it seems to ne that some how ,I recognise your point J.L, we got to go by the book and we got to put it out for bid, but doggone it when you get something like that..., Mt. Plummer: That was not my point, so... Mayor Ferre: Look, let me finish, I'm almost finished* and you get puts it out on the line and does the kind of job this guy has done. you something this city owes that man something. I don't know what ... and you know ... and to cut him out so that we can make another bucks just doesn't seem rational to me, excuse me sir. Mrs. Gordon: You know why it isn't rational.... Mr. Grassie: You know, I agree. somebody who really I'm going to tell it is, but we got $5,000 or $10,000 Mrs. Gordon: Is because he's going to lose money so this man make money and then you add up the two, that's where the balance is. I mean, you divided it, in my opinion that's a mistake. It should have been kept together and not divided. Mr. O'Donnell: It was separated for five years. either you accept the resolution by a favorable vote or unfavorable vote, that's what the ball is and I believe Mr. .... Mr. Plummer: No, I think you're wrong. I think I'm entitled to make a motion to reject all bids and put out for rebid.... Mr. O'Donnell: No sir. Only Mr. Grassie can do that sir. Mr. Plummer: well, you know Mr. Grassie works for me. Mr. Grassie: No, no, they can make any motion they want. Of course, they can. Mr. Plummer: The man has just sit here and stated that he has always and by God I'll back him to the hilt; It's never been this cat and mouse game with Joe Grassie.Ok? Be has abided to 100% to the will of this Commission and I'll stand up and tell any- body that. Mr. O'Donnell: And, I'll stand by his recommendation in this particular instance, sir. Mr. Plummer: However you want the wording I want to offer the motion that these bids be rejected and we put it out into two bids, one for the restaurant and one for the combination for the pro and the driving range. Mayor Ferre: Alright, we got a motion on the floor on items 420 and 21, because I would imagine this is for the same thing. Mr. Plummer: And, Mr. Mayor, I didn't make a mistake Mr. Grassie, if I may interject here, I know what I said, rebid on the restaurant, because I'm not happy on the bids as presented. At best they are not complete. Now, fine I understand when a man's going to make capital improvements that he gets a reduced rental, but nowhere in here is there anything in the agreement of what the capital improvements are that he's going to make. Mayor Ferre: Alright, there's a motion on item 20. There's a second by Mrs. Gordon. Is there further discussion on item 20? Call the roll please. The following motion was introduced by Commissioner Plummer, who moved its adoption; MOTION NO. 77-368 A MOTION TO REJECT ALL BIDS ON AGENDA ITEM 20 - AGREMENT FOR OPERATION OF MELREESE GOLF COURSE - DRIVING RANGE. Upon being seconded by Commissioner Gordon, the motion was passed And adopted by the following vote - AYES; Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs, Gordon, and Mayor Ferre, NOES; None. ABSENT : None. 81 APR 251977 • mAyof Petra: On iteM 21, is there the game notion, It. PlUMiier? Pla te±: Well, i said reject all bids, That's 19, 20, and 21, Mayor Fette: Mt. Plummet moves the rejection of item 21, Mrs. Gordon seCl'3P1dS, Ftitthet discussion on item 21, Call the roll. The following motion was introduced by Commissioner Plummer, who moved it§ adoption: MOTION NO, 77.369 A MOTION TO REJECT ALL BIDS ON AGENDA ITEM 2l- AGREEMENT FOR OPERATION OF MELREESE GOLF COURSE PRO SHOP. Upon being seconded by Commissoner Gordon, the motion was passed and aodpted by the following vote: AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: None. ABSENT: None. Mayor Ferre: Mr. Plummer: Mayor Ferre: Mr. Plummer: Mrs. Gordon: specific. Mr. Plummer: Mayor Ferre: act now. Do Mr. Plummer: Mrs. Gordon: Now, let me ask you on item 19, that doesn't seem to be in contention. Well, it is with me. With you. Yes. I think we should redo that that too for specificity because it isn't And, let me clarify ... Wait a minute, Plummer, look it's 6:00 o'clock let's not talk, let's you want to move 19? I've already moved it. That was my original motion. Seconded. Mayor Ferre: There's a motion by Plummer to reject number 19. Mrs. Gordon seconds. Is there further discusion on this? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 77-370 A MOTION TO REJECT ALL BIDS ON AGENDA ITEM 19 - AGREEMENT FOR OPERATION OF MELREESE GOLF COURSE - FOOD CONCESSION. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: None. ABSENT: None. Mayor Ferre: Alright, anything else on this? Mr. Plummer: Yes, Mr. Grassie or Mr. Howard, it was my understanding that this Commission went through the process of a beverage license which included hard liquor. This only speaks to beer and wine, how come? Mr. Howard: M . Plummer: N. Howard: M. P .'uaaaer ; Mayor Ferre; conviction on Eecuase they Before they So he stares have to have 250 seats can qualify6 off with a beer 1 apologise to you and your s think it's an something, and wine 1Carlse. , , , r�- client for this you know, we all vote4 our important matter to 14, I'll sorry that you've 82 APR 281977 gone through all the trouble that you have and t apologize to both of you. alright, and t'll tell you Mr. DeLucca we're going to rebid this thing and I'm going to tell you something if this gentlemen or anybody else is the lower bidder I'M going to be very sad and I'm going to be very sorry, but that's going to be it, Mr. Plummer: High bidder. Mayor Ferret High bidder, I don't mean low bidder. I'm saying that we're going to rebid this thing and if somebody comes in and bids it higher,and I want you Judge and all you distinguished people that are here on this item to understand that we're going to rebid this thing, but whoever is the high bidder is going to be awarded this thing and that's the way it's going to be, ok. Am I saying the right thing now? I hope nobody disagrees with that. See the action here .... Look, let me tell you something I happen to think you're right Mr. DeLucca and I don't know you from Adam, but I happen to think what you've done and I believe all these people, but you know I don't know how else we can do this, because otherwise you know, it becomes an arbitrary act of a group of people.We'regot to put it out for bids. UNIDENTIFIED SPEAKER: Is your specification going to be on a solid basis or just one percentage for everything or is it going to be broken down as a combination? Mayor Ferre: Mr. Grassie, you're going to have to answer. UNIDENTIFIED SPEAKER: The rate of profit on the products within the pro shop may not sustain an adequate percentage in one way or -- I don't know how you're going to work it out on the wording. Mrs. Gordon: Why don't we let the Manager figure it out? I think we've heard enough testimony today. How about that? Mayor Ferre: I think that's a good idea. Mr. Plummer: The Manager said he worked it before and we didn't like it. Mrs. Gordon: Alright, let him try again. Mayor Ferre: Good luck. 24, DISCUSSION AND DEFERMENT OF CONSIDERATION OF ACCEPTANCE OF: "LONGV I EW PLAT" Mayor Ferre: Take up item 28. Plat committee recommends. Who is against it? How many people want to speak against it? Who is for it? Mr. Jacoby, are you for it or against it? Mr. Davis: My name is Robert Davis and I live at 3134 Center Street, Coconut Grove. I'm the President of Longview Inc, which is the owner of the property which we're proposing to replat. There's not, I don't know how much I should really go into this. Basically, what we're doing is asking for a subdivision of a piece of property which is the, as I understand it, the right of any property owner. Mayor Ferre: Has this been recommended by the Plat Committee? Mr. Davis: This has been recommended and passed by the Street and Plat Committee, by the Zoning Board as well. Mayor Ferre: I'll recognize you a little bit later on. Let's here from the opponents and then we'll here from the neutral. Alright, your name and address for the record, and those of you that are going to speak would you come forward here and sit here in this chair, so we can get you up there quickly? Mrs. Maercks: 2467 South Bayshore Drive. I am the adjacent property owner .... I object to the replatting of this property because I feel it will destory the area of the Grove, change the character of the neighborhood,add to pollution, traffic, and so. The property had one R-1 home on it and the proposal for replatting will be for 11-R-1 homesites. It isn't a change in zoning, but this is all, you know, just terrain - was -ology really. It is changing because there will be 11 homes where one home,,previously. 31 feel this will affect me, my property value, my way of living, the entire area, It's ::making a radical change from estates of cne acre or larger to 6,000 sq.ft. homesite and this certainly changes the area,also I would like to bring to your attention number I think it's 46 on you: agenda today. It's the Planning Council,Soutrh Florida Regional. Planning Council Report they're designating Coconut Grove as an area of critical con- cern and requesting a aoratcriizn on building until the area can be studied an4 I would 83 APR 281977 • respectfully request that you would postpone any position on replatting until the Council could make their study and then perhaps .... Mayor ?erne: it said other and therefore Mrs. Maercks: think of there call it. I might point out to you that even in that rather strong recommendation than .., there was a moratorium on everything but single family housing that wouldn't apply to this you see. But that single family housing, you know, single family housing you was one single family home, now there will be 11, however you want to Mayor Ferre: Well, ok. I understand your concern and we'll listen to again, perhaps we can now listen to the Administration's recommendation.... Mr. Plummer: Well, Mr. Mayor, I want to get clarified here, because somewhere along the line we're getting an intent which says that platting is the way to stop zoning. Now, I sat on a Plat Committee for two years... well, somewhere, I understand what this lady is doing she trying to stop the project and if she can stop the plat she stops the project and I don't find any fault with that. The things that I find the fault with Mr. Mayor is that plats are a must by the city if they are in accord. Now, I don't know how this Commission unless there is something irregular about the application. Mayor Ferre: Can stop it. Mr. Plummer: You know, and I shouldn't say that because I would love to stop it, but... Mayor Ferre: got... Alright, let's see if we can move J.L. it's after 6:00 o'clock and we Mr. Plummer: Well, ok. Mayor Ferre: Alright, Mr. Jacoby. Mr. Jacoby: My name is William Jacoby. I reside at 200 S.E. 15th Road. I am speaking here today on my own behalf. I would like not to address the pros and cons of this... Mayor Ferre: Well Mr. Jacoby if that's the case then I think we'll have to skip over you and recognize you as soon as we vote, because if you are not addressing yourself to this particular item which is 28. Mr. Jacoby: It's the problem which the city faces which item 28 brings up. Mayor Ferre: Ok. In other words, you are addressing yourself to something that affects item 28. Mr. Jacoby: Yes that's right. Mayor Ferre: Go ahead. Mr. Jacoby: I'd like to bring up the issue of what's going to happen to this row of beautiful estates over the 5 or 10 year haul, the type of estate tract that item 28 addresses itself to. The economic pressures that are being felt by all the property owners of all of these estates, both north and south of the tract concerned are heavy they're inexplorable. You all know what happens to the assessed value and the taxes assessed on large tracts like this anywhere in the city. Its this economic pressure that leads to item 28 coming out of the agenda today and it's going to come up again and again with respect to the other tracts along Bayshore. I think the city is concerning itself here with an irreplaceable municipal asset, the beauty, the openness, the graciousness of the tracts themselves and the buildings on them is a thing that's a positive asset to the City of Miami, as were the tracts along 3rickell, some which are not being threaten. I think that it would a healthy thing for the City of Miami to look to the future, what can be done to keep these beautiful tracts from being carved up and used in a sense which is less than really remarkable, really definitive, less than a credit to this city, less than a credit to those who come to visit the City of Miami. Over the long haul I think it would be a good thing for this city to look at, to consider moving toward a conversion of use of all of these tracts. A conversion from the single family character of these tracts now. I think if little by little as one or another of these present property owners decide they can't hack the taxes anymore and they have to sell. If the city were to set up structures now which would encourage the use of this rcw of properties as an estate and consulate in the association row. This has been done in many cities of the country which have an impressive neighborhood, a neighborhood of large dots.cles which then because of shifting economic pressures can no longer be maintained by private individuals and there are several cities in the country that have encouraged the conversion of use of these tracts 84 APR 2S1917 TIP toward foreign estates and ronsulates and perhaps trade and professional associations. Mayor Ferre: Alright Mr. Jacoby, because of three minutes you're up Let me see if 2 can cut through and ask questions of you and see if we can come to something .... we got two problems here. The one problem is that in this country so far up til now you cannot take somebody's property without paying them. Mr. Jacoby: Precisely. Mayor Ferre: You know, you can't take land, you can't take his car, you.can't take anything, you just can't confiscate property without due process. Mr. Jacoby: And, I'm not speaking of confiscation , I'm speaking of what could be done when individual property owners decide tnat they have to sell. Mayor Ferre: Alright, now, let me finish it so you can give me an answer to it. The second problem is that under the constitution of the State of Florida it says all properties must be taxed equally. Now, that's why there's no way that we can say one person, well look, you're 65 years and you've worked all your life and now we're going to give you a break. We can't do that in Florida. It's against the law, it's against the constitution, so there's got to be equal application of the taxing laws of the state under the constitution. Now, we tried to get a constitutional amendment, which in a way would have opened the way for this type of thing under proper procedure with government involved public hearings and what have you but we weren't able to do, you know, we put it on the ballot and the people of Florida turned it down, not by much, but it was turned down. Alright, now until we get that constitutional provision changed the problem is that you can't take an estate and deny the owner of that estate, provided he complies with the law which is zoning and you cannot deny that person from replatting and taking a beautiful 10 acre estate and chopping it down to 20 lots. Mr. Jacoby: I'm not suggesting that. I'm.... Mayor Ferre: It's terrible, but how do we stop it? Mr. Jacoby: I understand. What I'm suggesting is that when it gets to the point that an individual owner of anyone of these estates is forced to sell at the moment his only alternative is to sell to the developers because they're the only ones that are willing to put up enough money so that he, the owner can get out of the thing with his shirt. Now, I think if the city were to encourage the use of these tracks for embassies and consulates then the owner at that time has an alternative choice. There is some other use that could be considered for that tract as it comes up for sale. So, Mr. Mayor, what I'm suggesting is the usage of Bayshore Drive which would help the economic situtation in the future of any given owner at the time that he has to sell. I'm not suggesting that the City of Miami take any properties that are now in the hands of owners that want to hang onto them, but you.khow and I know that over the next 3,5, 8 years there are going to be more and more of these that are going to be up for sale and we're going to be faced with the same problem over and over again. I think that . a row of embassies and consulates along Bayshore would be ultimately a credit to this • city. This would insure, and you've seen this in other cities,that the mansion itself is nicely maintained. Mayor Ferre: Mr. Jacoby, that's great but how can we afford to it do it. Is the city going to pay for those properties? Mr. Jacoby: No, I don't think so. Mayor Ferre: Let me give you some specific cases and point. My sister owns a 100 ft. lot on erickell Avenue. Mr. Jacoby: I understand that. Mayor Ferre: Now, when she bought that property she use to pay $3,000 a year in taxes, ok, then that property was rezoned and it was rezoned from R-1 to R-3A and I came down here to this Commission. I was not on the Commission then. I had gone off of the Commission, I was not Mayor and I said to this Commission and my lawyers stood up before... and he said look, Ferre doesn't want to sell his property and he doesn't want to tear it down and build an apartment house there. 0h no, that's not the intent- ion. Mrs. Gordon, herself, and I've got her words into the record, that your tax is not the intention to increase taxes .... Mrs. Gordon: We said we wouldn't crane you: zoning until you requested .it. Mayor Ferre: That, that wouldn't affect the taxes and all that and what have you and T knew better or so, but we let it go, and the point is that now she's paying $15,000 in taxes. Well, obviously she can't live in that house, who is going to live in a 85 APR 2 8197 7 house where you have to pay $15,000 in taxes just to live in a house. Mt. Jacoby: I have followed that story, I'm aware of what you're saying. Mayor Ferre: Look, the point I'm trying to make to you is simply this that there's only one or two ways that you can do it, either yes it exists, but you know how they do it in Englandf if you declare your home a historical site and you go through a full procedure of declaring your house a historical site and the Board says, yes your home is a environmental necessity or an old house or what have you, then they'll give you a tax break, but then when you die you've got to pay the taxes or you got to donate the house to the country or do something like that. Now, we in this country here in Florida do not have under our constitution a way to do that. Now therefore, in conclusion and my point is simply this whether we like it or not, if this man is within the law and he has the right to cut up his property from one lot into 10 lots and he can do that legally, I don't see... (where's Plummer?) As Plummer says, how we can legally stop them, unless there's a reason, a legal reason for us to deny it? Mrs. Gordon: Well, I looked at the plat Mr. Mayor and I don't know that this is any legal reason but it's a reason and I personally feel those little lots that have been delineated there for construction are very undersized for the neighborhood. Now, they may meet the minimum criteria for the City of Miami at large, but in my opinion they don't meet the criteria for that neighborhood at all and I recommend that each of you look at that plat, especially you Maurice, because, and you Manolo, or Father, whoever is acquainted with reading that kind of thing, you'll see what I'm talking about. Mr. Jacoby: Mr. Mayor, if I can just pursue this,I'm not suggesting, I don't want to generate a misunderstanding here that I'm suggesting that the city appropriate this property, but the City of Miami has set itself, I think the admirable goal of being the focal point between the United States and the Carribbean and Latin America . The' city has done a number of things to encourage trade, to encourage the exchange of trade and academic information to establish the fact that Miami is where you go if you're dealing with South American government, trade associations, whatever, and I think it would be unnatural for the City of Miami to start planning now for this row of properties, eventually, whenever they come up for sale that foreign governments who need to establish consulatesand embassies can be put in touch with their property owner. that perhaps there may be tax advantages that can be worked out on a consulate basis that are not appropriate for an individual property owner. I think that unless some such long term strategy as this is considered now that's it's inevitable that all of these properties eventually are going to go, the trees are going to come down and they're going to be covered with 5,10, 15 units a piece. Mrs. Gordon: It's almost a row housing effect. Mayor Ferre: Mr. Jacoby, let me tell you what the problem is and it all of a sudden came into view when I went down there. I went down there to look at that and you're right, 64, there's a lot there that's 64 ft. wide, but let me tell you something. You see, when I say you guys, don't take it badly, because I've got a lot of respect for you guys down there in the Grove, ... but you kncw, you beat yourself going and then you're'. upset when it's coming the other way. Let me put it to you this way. I remember when I first went on the Commission, there was a developer, he was a Cuban developer, I forget his name now, who wanted to put up a very nice tall, heavily landscapelbuilding on U.S.1 ok, and he was going to give much more green space than was required of it, and he wanted, he was not going to pave, but he was going to grass it, tree it and the whole thing and it was a very nicely designed building and the neighbors just flocked in here and that poor man was going to be'tarred'and feathered. They boozed him and .they screamed at him and this room was full of a hundred neighbors screaming at him. said ok, we turned it down. The thing went down 3 to 2. I voted for it. This was , must have 1969, 68, sometime in there, well sure enough, you know what he did, he went in there and he built five monsters, white, they're still there, those white block concrete monsters, no design, no shape, no nothing, no trees, no green, they're just asphalt paving and five block white houses, you know, three stories high and he was right with- in the law, And so who lost? You know who lost,t:e neighbors lost that's who lost. Now, this guy tried to get a PUD and you know who beat him down, the neighbors beat him down. Now you're going to have to suffer with it, see. No, you watch and see. Mr. Jacoby: Mr. Mayor, what you suggested that I ought to do, what you said the people of the Grove ought to do is what I have tried to do. Your point is right, that if there's a constant flow of opposition and no viable alternatives offered. Mayor Ferre: That's what happens. Mr. Jacoby: Then, we get a credibility gap and we get a lot of mutual hostility, which you recognize and I recognize. We use the phrase you guys too. I have tried to offer a viable alternative. I think that the conversion of this neighborhood, Now, I'm talking a goal that the city could set for itself over 5,10, 15 years. The conversion of this APR 281977" 111 neighborhood toward a row of embassies and consulates would be a superb way of preserving the present properties, maintaining the gracious impact that these mansions and these tracts have and preventing what I don't think you really want to see anymore than we do. I don't think you want to see the trees come down and the ridge cut up and these nice tracts covered with multi -unit houses, so I have tried to come in here with a viable alternative and I hope rather than reading Bill Jacoby's word in the light of all sorts of acrimony as past history I hope you'll give some thoughts as to the idea itself. Mayor Ferre: Bill, I want to do it. I just want you to tell me how we can legally do it and prevent a person from taking an estate like this and chopping it up into 10 pieces. Mr. Jacoby: That's why I wanted to stay neutral today. I can't address myself to fear at the moment but I'm talking about the other estates on both sides. Mayor Ferre: How are you going to do it Bill? There's only one way to do it and that's you got to give those people a tax break. Mr. Jacoby: How about this? Start looking at the tax legislation and see if the tax regulations which apply to consulates, non profit associations1societies, if that can't be worked around to provide some tax break to a foreign government or maybe a Latin American Trade Association, when it's interested in establishing a head- quarters here. Mayor Ferre: How many of those things did we put up? You're talking about a hundred or fifty estates along Bayshore Drive and you know what's left? Mr. acoby: about going Mayor Ferre: sorry ma'am. Oh, I don't know, it could be 150. The really deep ones you're talking from about Everglades School up to about 22nd, something like that. Alright, well we got to come to a decision on this. What lady? Oh, I'm Ms. Houston: My name is Marie Houston,2485 South Bayshore Drive. I am next to this property which they're trying to develop I would say into tenements by the size of the things they're going to build. I greatly object to the whole situation. Last January, a year ago, on the 5th there were over a hundred people in this room who came to the zoning meeting, The whole project was brought up at that time, although they wanted to put in 17 places. It was turned down by the whole of the Zoning Board. The community is not in favor of this project. Now you're either going to work for an individual or you're going to work for the community and I think the community is more important than one person or two who are trying to develop it. Mayor Ferro: Ma'am I agree with you, but what we're talking about here is not what you are against and was voted down. This is a new thing altogether. Ms. Houston: It's the same difference only said in a different way. Mayor Ferre: But it's legal, unfortunately . Ms. Houston: Legal or illegal or what not. A lot of the things are legal or illegal but by one word you turn it around and that's exactly what's been done at this time. Whether you say that you can replat it with a cow path up around and put a turn that is rezoning the whole thing and going against what was not in favor of in last year on January 5th. It is going also to degrade our properties, our privacy, and every- thing else in the neighborhood. The whole community does not want it. Besides that we were never given even a notice. Mrs. Maercks was not given a notice. I was not given a notice and we are on either side of this property which has been demolished. It has been a landmark and given by W.T. Grant to the University of Miami. First of all, the University had no right to sell it. Alright, did you want to say something Mrs. Gordon? Mrs. Gordon: No, go ahead complete your statement. Ms. Houston: And, I certainly am very, very, very much against this replatting and having all the privacy taken around. I still have this place of 559 ft. from Bayshore to Tigertail. It is not in good condition at the present time, because the courts of Miami have not taken care of what was to be done. The place was forged on a five years ago, the man should be in jail, but by our awful courts and rotten lawyers things have not been taken care of. My deed has been restored and I am also restoring the place now, but I'm in the courts for the 6th year. I am the last one of thee, but I do expect to live for a long time even though I think some people have me dead. I am going to do one of three things and my property is going to never to be divided no matter what anybody says. I'm going to give it to a certain favorite charity for a colored orphanage or to the Indians. It will never be divided, so if any developer APR 2 81977 that they're coming in there and going to divide my property they have another thing coming. Please do not pass on this and then another thing, on the 46th, the Enviornmental Project, I think this other thing should ,.. Mayor ?erre: Alright, thank you very much. Mrs. Gordon: I just want to make a comment Mr. Mayor, and that is the process of platting, there seems to me to be a lack of necessary communication to a neighborhood. Whether you feel it's necessary or whether you don't feel it's necessary it's your own opinion. I feel that it's necessary. I honestly feel it's absolutely necessary. There are two neighbors, one of each side, I assume of the property and neither one of them were aware of the platting until it's almost too late for them to express themselves. They're here today, if they had been advised earlier perhaps the plat would have been designed differently, perhaps the lots would not have looked like they look, they look like row housing lots to me, to me it's a deplorable looking scheme. I'm not going to vote for it simply on the basis of what it looks like and not on the legality of whether you can plat or not plat. I think it's a very bad plot plan. Mayor Ferrel We're going to vote in a moment, so you can go ahead and have the re- buttal and then we're going to vote. Mr. Davis: Yes, I would just like to say a few words about the plan. I would have to agree that it's not the ideal plan. I'm sorry, I had already introduced myself. I'm Robert Davis. I reside at 3134 Center Street in Coconut Grove and I am one of the owners of the property. The plan as you see it is essentially what is dictated by the laws of the City of Miami under the Zoning Ordinance and it's the only way that this property could be developed without going through another public hearing and having the problems that we had on the original application for PUD come up again. Frankly, I would much prefer to have done this under a PUD where the Planning Department and I' could negotiate the thing out and work out a plan which was more flexible. Mayor Ferre: Well why didn't you? I still don't understand that. Mr. Davis: Why didn't I? We got crucified . Mrs. Gordon: But they wanted 17 units instead of what they, they reduced the number of units but they have provided very small lots and that's how I Mr. Davis: Well, in point of fact, what we're going to be doing I think will not turn out to be nearly as horrendous looking as it looks on this plat, because basically we're going to be you know, building these houses in such a way they're be fairly small houses and they'll be vertical. There will be a great deal of open space around each house and they '11 be courtyard type houses . They'll be enclosed by patio walls and I think that if you travel much in Southern Europe, in the Mediterranean or in South America there are numerous examples of houses on fairly small lots that are tightly 0 clustered together that really have a very nice intimate human scale to them. -y. Mrs. Gordon: Yes, I understand what you mean Mr. Davis, but really we are running way over time. I don't want to belabor the point. I don't like your plot. Ok. Yes, I think your size lots are way too small for this area. They are not in keeping with the area, they degrade the area and no matter how beautiful you think you are going to make your house it can't be beautiful because they're too clustered. That's my opinion. Mayor Ferre: Mr. Manager, let me ask you this. This man tried to get a PUD, he was as he said in his words, crucified, and he was defeated. Now he's coming back and trying to do what the law allows him to do. Mr. City Attorney, is Mr. Davis or who- ever owns this property are they doing anything illegal, is that within the right of zoning? I mean, that property is zoned that way, can they do what they're doing? Mr. Knox: Yes sir. I don't find any question associated with the legality of what's been contemplated. Mayor Ferre: I happen to think that frankly Mr. Davis, I just think it's terrible to cut up that property into 64 ft. lots, but I don't know hcw in the world if he tried to go to a PUD and he was turned down and he's taking the legal route whatelse can we do? Mrs. Gordon: May I say Maurice what I think he should have done? If he has to divide the land he should have tried not to crowd in as many units as he's doing. Mayor Ferre: See, but that's an economic consideration. Mrs. Gordon; I know it's an economic one, but it's also a disaster for the neighborhood. 88 APR 2R 1Q77 Mayor. Ferte: But who are we in this country,so fax the law still, I mean, this is still a free country and America is guided by certain rules and regulations and laws, and if this man is living.within the law how can we tell it that he can't do it? Mrs. Gordon: I never said it was illegal, I just said it was improper from other points of view and that is esthetically, and... Mayor Ferre: The neighbors should have thought of that when they went out and crucified them on the PUD, they should have worked out a way in which they got,.. Would you have gone down to 14 units or 15 or something other than 17? Mrs. Gordon: Well, that was too heavy a density too Maurice. Mayor Ferre: How many units are you going to get out of this thing? Mr. Davis: We have it platted for 11 and all likelihood we'll build 10 houses there. Mayor Ferre: Well, let me ask you this, if you are going to go down to 10 houses, can't you do the same thing with PUD? Why did you want 17? Mr. Davis: At the time that the application for 17 units was made I was not in fact in control of the property. Mayor Ferre: Let me ask you this? If we went through the process again and promised you and the neighbors promised, listen, you may him to keep it as an empty piece of property for an Indian Reservation or something or a cow pasture, but that's not going to happen unless you want to come up with the money to pay them, because this is a country of laws, you cannot take property way in the night people without paying them. You just can't say i don't want them to do anything with the property and therefore we'll going... you can't do it. That's not this country operates. He's got a right to do what he wants with his land as long as it's within the law. Now, you turned them down on PUD. You say you weren't involved. Let me ask you, would you reconsider applying on a PL'D basis with 11 units? Mr. Davis: If I knew I was going to get it, sure. Mayor Ferre: Would the neighbors object to that? You're going to get it one way or the other, there's nothing you can do about stopping this man from developing his property if that's what he wants. Mrs. Maercks: No one is trying to stop him from developing his property. Mayor Ferre: What is it you want? Mrs. Maercks: We didn't crucify'him before. In his complying with set back ordinance. He was trying to Nobody crucified him. We pointed out points -- your he's coming back. application a year ago he wasn't put 17 townhouses on the property. set back is wrong, so that's why Mayor Ferre: Would you be willing to go back and look at this thing and if you can do it on a PUD basis that's reasonable with set backs and not going up to 17 we consider it again in May. We'll just postpone it until then, and would you get with the department and the neighbors and see if you can hammer it out somehow. together Mr. Davis: Mayor Ferre: two weeks? Mrs. Gordon: :lr. Plummer: The problem really is one of time, as you'll well aware of the time value. Today is the 28th, can't you do it by the 12th, what's 14 days, it's I move deferrment for now. Can we have a hearing by then? Mayor Ferre: Yes. What I'm saying is look, we're not going to have time for a hearing, the way to do that.... may ,� I recommend something, Mr. Grassie -and see if we can work this thing out, why don't you assign the department and the neighbors and the owners to get together and I'm going to tell you something, if you can't work something out that's reasonable, this man has a right as a citizen and a tax- payer and an owner of property to do certain things in his land, and if you can't work it cut to everybody's satisfaction, I'm going to vote for this thing on the 12th and that's that. Ms. Gordon: He even said he wasn't going to build 11, yet he has 11. 10Ls, so what's going to happen to the llth lot? 89 APR 2S1977 Mayor Ferre: What he's saying is that he's willing to reconsider it if he's heard on the 12th and I'm saying work it out by the 12th and the rest of it is academic. Mrs. Gordon: I think if you had been able , its not your fault sir. If our department had notified the neighbors, they'd been brought in from the beginning we wouldn't be in a controversy, You probably would have designed it differently, they would have been satisfied that they knew you were doing, they wouldn't have been shocked to find out all of sudden they're having something they knew nothing about. I move for a deferrment Mr. Mayor. Mr. Davis: May I address myself .... Mayor Ferre: Wait a minute, there's a motion Mr. Davis, then I'll recognize you for a last statement. There's a motion for deferrment to what date? Mir. Plummer: Defer for what? What are we deferring for? Mrs. Gordon: A deferrment to have the Planning Director and/or his assigned person the applicant and the objectorsto get together and see if there's anyway that they can compromise on the plot plan or on a .... Mayor Ferre: But the deferrment is to what date :ors. Gordon, because you can't... Mrs. Gordon: Mayor Ferre: can't work it 30 days . Alright, out then • .. alright until the next meeting. I think that's fair, you got two weeks to work it out. If we we'll have to take it up at that time. Mr. Davis: Let me ... normally, I've been through this PUD process with other projec' several times and normally it takes really a couple of months to work out a plan.... Mayor Ferre: Mr. Davis, in lieu of chopping up that property into 64 ft. can't we expedite this thing Mr. Manager, Mr. Fosmoen? Mr. Fosmoen: You can't short circuit the hearing process for a PUD. What we can attempt to do if we wish between now and the next meeting is to try and get the neigbhors and Mr. Davis to agree on .... Mayor Ferre: And, take it directly to the Planning Board if they come to an agreement on the 12th and bring it to this Commission meeting on the 19th. Mr. Fosmoen: There are periods of notification required in the ordinance. Now, we can come back to you with some kind of an agreement or say look, we can't agree. Mrs. Gordon: Ok, that's fine. Mr. Davis: May I make another suggestion? This whole process obviously gas taken us a great deal of time even to get to the point we are now. To go through the PUD process as your Planning Director has pointed out is a very time consuming process if it's done proper and it should be done properly. I am the kind of.develooer who does not rush through•a set of plans and if we're going to rush through something we're going to have to live with it and I would not want to ... basically, what I'm saying is if you will go ahead and pass on this replat which basically, I think you've all agreed you almost have to do. I will agree as part of the resolution to go back• and try to work out a PUD but I want to know that we at least got the 11 lots.... Mayor Ferre: Alright, Mr. Manager, what do you recommend? Rev. Gibson: Sir, I'd rather you go work first and then come, you know, because if you go in there, you go in not willing to compromise and settle, because you'd say hell I got my thing. Mr. Davis: Sir, I have it anyway. That's the problem here. Rev. Gibson: No, no, you don't have it yet now. Mr. Davis: I don't , ok, but I think that you've agreed and most of the people on this board, on the Commission and your attorney has informed me..,. Mrs, Gordon: How about the trees on those sites, you know, we have a tree ordinance. Mr. Davis: :'m quite aware of that. Mrs. Gordon: You might find it to your advantage if you go back into consultation in order to be able to avoid acme of the problems inherent in the tree ordinance, APR 261977 Mr. Davis: We've already considered that and even within this plan we can live within the Environmental Preservation. Mayor Ferre: Alright, look, Mr. Davis, we've got to bring this thing to a head. 1'd like to ask the Manager's recommendation and then I'll recognize you for the motion Mrs. Gordon. Mrs, Gordon: I did, already make it Maurice. Mayor Ferre; Alright, but we hadn't gotten a second on it yet. 1% there a second? Alright, Mr. Manager what's your recommendation, I mean you see the dilemma that we're in here. Mr. Grassier I think that we need the applicant consent Mr. Mayor and I think that maybe we can get the applicant's consent, but we don't have the option of being arbitrary without putting ourselves in a bad position, so I think that what we ought to work for is to ask him,to reconsider and to, in fact talk about two weeks postpont- ment that you suggested, It's not much time. He needs to work with us and we need to work with him over a long period of time and it seems a reasonable kind of a suggestion Mayor Ferre: Alright, Mr. Davis, we're dealing in good faith. Now let me tell you we understand that you have legal rights. We understand that if we turn you down you can go to court and say and tell the Judge, look, these people are not being reasonable and you're going to win, I know that, we all know that. We know that you're going to win that in court, but that's going to take you some time and it's going to cost you some money and all that and all we're saying and I'm not trying to brow beat you now or to put you in a difficult position, but you know, you waited so long, how about two weeks, let's see if we can work this out amiably and we'll try to short circuit and Mr. Fosmoen will give you his word that we'll try everything we can to be reasonable and work this thing out,we'll get the neighbors together and see if we can come to an agreement? Mr. Davis: The problem, I really don't understand what we are supposed to have accomplished within a two weeks period. Mayor Ferre: Hopefully, worked out an agreement that the neighbors are not going to be objecting to that will give you the right to come with a PUD that everybody is going to be in agreement with as far as set backs and the whole thing and move forward, Now I promise you that I know that despite what these two nice ladies have said that we have no choice, you're going to get it here or in court , so you know, it doesn't matter whether we do it or the courts do it, he's going to get what he wants because he's within the law, and in this country you cannot take people's property away without compensation. Mr. Plummer: But, I think Mr. Mayor what we're looking for Mr. Davis as I understand it, you got 11 units, ok, now do you want them in this butchered way or do you want them in a PUD? I think that's really what you're looking for? Mayor Ferre: If we can work that out, and I think we can, because look,.... Mr. Davis: Maybe you can even do that now if you just say we will accept an 11 unit PUD which the Planning Department .... Mr. Plummer: That's what we're trying to tell you but we can't say it. Mr. Davis: I see. Mrs. Gordon: Mr. Davis, we would like you to accept the two weeks deferrment reasonably and pursue what you're pursuing, you want us to say, yes, we approve this and then go home,ok,we'll do this or that. I'm not going to vote for it, I don't know what the fellow Commissioners are going to do, they can do as they please, but I'm not going to vote for it, because I think you have a very bad plat plan. Mayor Ferre: I'll tell you what I'll do. I don't like the plot plan but I think we are legally bound to do it and if you don't come to an agreement in the next two weeks I can tell you I'm committing to you that I'll vote for it because I don't think we got any choice, but have a little faith that we're dealing in good faith and give us two weeks. Mr. Davis: Fine. I'm just, actually, really I'm rot trying to be obstructive. I'm just trying to point out to you that we will not have a definitive PUD site plan within two weeks. I just don't see it possible, that if you can... APR 281977 Mayot Fevre: Give it a try, work on it at night. Mr. Davis: Ok. We're going to have to work pretty hard and we will and it I've got the commitment.., Mayor Ferre: Get with the neighbors and try to work it out in a nice way, ok? Mrs. Gordon: Ok, I move deferrment Mr. Mayor. Mayor Ferre: There's a motion to defer, seconded by Commissioner Reboso, Further discussion.on deferrment until May 12th. Call the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 77-371 A MOTION TO DEFER CONSIDERATION OF ACCEPTANCE OF PLAT ENTITLED "LONGVIEW" AND REQUESTING A MEETING TO BE FIELD BETWEEN THE DIRECTOR OF PLANNING OR HIS DESIGNEE, AFFECTED NEIGHBORS OF THIS PROPERTY AND TES APPLICANT TO DISCUSS THE PLOT PLAN TO SEE IF A COMPROMISE CAN BE REACHED TO RETURN TO THE CITY COMMISSION FOR FURTHER CONSIDERATION AND VOTE ON MAY 12, 1977. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummier, Jr. Commissioner Rose Gordon Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Alright, ladies thank you very much. Mr. Jacoby, Mr. Davis, .... 25, ACCEPT SCHEMATIC DESIGN FOR BEAUTIFICATION OF TAN MEMORIAL PLAZA AND MEMORIAL BOULEVARD . Mr. Fosmoen: Mr. Mayor, we have A. Perez, the landscape architect. Mayor Ferre: Who? Mr. Fosmoen: Albert Perez, the landscape architect, Cuban Memorial Boulevard to make a presentation. What we're seeking Commissioner is your approval of the matter. Mayor Ferre: I'll tell you what we're going to do, you put it up that way and then half through the discussion you turn it around so that the neighbors can see it. Mr. Fosmoen: What we're seeking Mr. Mayor and Commissioners is your approval of the schematics on the Cuban Memorial Boulevard Project. Mr. Perez: Thank you, Mr. Mayor, Commissioners, I would like rather quickly to go through the existing conditions from the site and then proceed to explain the design goals under the development for this project. The area as we know is located on 13th Avenue and bounded to the north by 8th Street S.W. to the south basically by 10 ft. S.W. You have the length of approximately 600 ft. and the width, the right of way within the medium area has a width of 30 ft. When the project was presented to us there were numerous problems present in the area,there are four main areas of concern, number one, is the monument to the Bay of Pigs Memorial. Number two, is an existing monument to the Island of Cuba. The ceiba tree an existing Fiscus Tree, and the monument to Antonio Maceo. $ow, visually the area presents a rather chaotic feeling. You have to his array of bad looking graphics, badly maint..ired and awful God looking grass, and the monument, the way that .-present themselves today lack a sense of dignity. What we are trying to do here is to give more of an impact from the point of view of Urban Design and set the monumentSthose that are existing and some of those and maybe proposed in the future in a more dignified setting. We araceeded to do this by doing the following things. We recognized that the Cuban Memorial, that their Bay of Pigs Memorial was one very import., ant note from both the pedestrian and the vehicular point of view for S.W. Sth Street, 9 The Ceiba tree becomes the central focal point along the Boulevard and for Latin American Countries the ceiba has the same meaning as an oak tree would have for the Americans, dignity, longevity, and so forth. At this point, we have a fiscus ttee, that although it's not as much a dignified tree as the ceiba would be it does become an important design element and the Antonio Maceo Monument. Taking this flnto account then we proceeded to extend the present Plaza into S.W. 8th Street, both to the North, to the East, and to the West. By doing this we were able to provide a more effective place for the existing monument so that when congregations are held in the place a larger number of people can attend to it. Secondly, it make it quite a positive design statement from 8th Street both for the pedestrian and the vehicular point of view. Now, the area around it we have suggested bollards very much in the European tradition, but we found that there is a technicality from the Department of Transportation by We cannot do so and therefore, we will take them out of this proposal. The bollards. Now bollards are elements that are used very much in Europe and in England to denote demarkation between vehicular and predestrian areas. They go back to the ancient times to Pompeii and so forth, but unfortunately this is something that is a legal technicality that there is nothing we can do about it so thereby it will be taken out. Now, the floor scape of this monument is created in brick pavers and the pavement will be radiating from the main monument in order to give it more importance and dignity. Now, the connection between the first note and the ceiba court is affected by means of a concrete walkway. Now, this concrete walkway is on one side to the western side delineated by a mass of shrubbery to further enhance the division between the pedestrian and the automobile. Along this length, sitting areas are provided and there is a possibility of locating within this area minor busts or memorial areas. In the ceiba court we do have the possibility of having a future memorial, and the tree does become the focal point of this area. We are hoping that at night we'll have lights to further define the design element. Mayor Ferre: That's very nice. Mr. Perez could I ask you a question ?Could we cut through a little bit, we still have about two more hours of work and there are an awful lot of things? I'd like to ask you for example, you estimate this is going to be within the budget that has been established? Mr. Perez: Well, the budget that has been established as it stands right now would cover basically the design from this point to this point, unfortunately we will not be able to include the... Mayor Ferre: Alright, now let me ask you my second question. My second question is there was a desire to bring the monument; the Mothers Monument from Watson Island, which is going to be torn down and there was also the Lecuona Monument which has been bulldozed down by the expansion of the Key Biscayne, remember there was a big monument there, the Lecuona with a bust, you know that thing has been sitting on the side. there, they bulldozed that down, it's just unbelievable. Now, weren't we going to take that into account in this? Where is the Mothers Statute? Mr. Perez: I have recommendations to the city in this regard. I think that they underlined the design concept behind the whole thing has_a patriotic feeling behnind it. Mayor Ferre: Well, where is the Mother, that's what I want to know? I want to know where the Mother is at? Mr. Perez: Well, at this point, see the Mother Monument came in after the design had been executed. Mayor Ferre: I see. This is going to be in here or not? Mx. Perez: It's something that we're recommending that is feasible to work with in the scheme and I think that perhaps could be located in the central point of the design. Mayor Ferre: I thought that's where you have the map of Cuba. Mr. Perez: No. The map of Cuba is in this area here. Mayor Ferre: I see, ok. Mr. Perez: So, in other words, you'll have four notes or four different fecal points. Mayor Ferre: Ok. Mr. Perez: however, as far as Mr. Lecuona is concerned as much admiration as I have for his r-as.c T_ don't think that he fits within the kind of theme that we're trying to set here. Also the scale, the visual scale of that particular monument is rather large and think he'd be out of place here. 93 APR 281977 Mayot Fette: If we expand then down here couldn't you put it a little bit further down? Mt. Perez: Well, what happens ... Mayor Ferre: When we get into the second phase is what I'm talking about...? Mr. Perez: That is something that might be taken into consideration in the future. However, the feeling of the neighborhood is one, that they're very strong about ending the development of this type of feeling at this point. Mayor Ferre: Ok. Alright, look, we need to hear from the objectors, so would you excuse me Mr. Perez if we can cut through and we'll let you finish later on. Mr. Freefield: First of all,my name is Charles Freefield. I told you before and I certainly have no objections to the emotional motives involved here, but I just want to say this that when I see the Culmer section fixed up, when I see many other sections of Miami - 62nd Street, Martin Luther King Boulevard that's in the County part of it I know, many other places, I would say even without knowing the cost factor here that to accepted Carte Blanche is just beyond me, I just want to say one thing, there is no Cuban Memorial Boulevard there, it's Cuban Memorial Plaza, the rest of it is Memorial Boulevard as you remember from three years ago( 3 years). Mrs. Gordon: That's what it says on there. Mr. Freefield: It says Cuban Memorial Boulevard, that was never passed by this Commission. Mayor Ferre: Now, read it again. Mr. Freefield: .... it says Plaza but the gentleman from the City Planning Director, when he introduced it called it Cuban Memorial Boulevard. Mrs. Gordon: But he wasn't here three years ago. Mr. Freefield: Yes, he wasn't. They come and go. Alright, and another thing, pretty soon our relations with Cuba are going to be such that we can all pet-haps visit Havana and see many of these things, I hope on a peaceful happy basis. A11 in good faith, all in good fun, one other thing, I don't know what the cost factors are involved here. I'm waiting to hear it. That was some ephemeral thing that's been left up in the air, I noticed just now. I haven't been able to study it, because this is my first time seeing it too. I am not a landscape architect and must congratulate you,with it's beautiful plan and it is very beautiful. I just hope many sections of Miami can look as beautiful as this. This is something that .should be on Biscayne Boulevard, I mean. just geographical and historical circumstances put it on the trail ald l3th Avenue. You are complaining a little bit, I think, because it isn't ti a more graphically better area with the tenement houses hanging up around it and the narrow streets and the nary" sidewalks. I think a more aesthetically better area could have been picked for it, Not now, not tomorrow, maybe at some near future date. Mayor Ferre: Hey, I understand. I understand. Mr. Freefield: Just follow up on it. Mayor Ferre: I want the highway, but I don't want my neighborhood, you know. it but I don't want it coming through Mr. Freefield: Cne more thing, you honor, I just say that until the of this are brought out fully, until a more comprehensive plan and a won't deteriorate; of course,this may keep it from deteriorating to I revision the day when the city will be putting out money to knock houses to enlarge that area, to build parking lots, so visitors and this area if it's going to be beautified the way it is. I'm afraid day. I think perhaps this should be continued because I don't want my three minutes. Thank you. Dr. La Casa: Armando La Casa, 1408 S. Sayshore Dr. I come to speak before the Commission to endorse the plan as presented, and as Chairman of the Little Havana Community Develop- ment Task Force to request for your approval of this plan which we believe is a magnificent supplement to the work that is being done in the S.W. Sth Street with Community Develop- ment Funds. We feel that if there is to he a second phase to continue this Boulevard, this could be taken into consideration the coming year with the new C.D. monies on the fourth year of the program. So, on behalf of our neighborhood, we fully endorse the plan proposed as presented. Thank you. cost aspects neighborhood that a certain extent. down those apartment tourists can visit to comprehend that to take more than Mayor Ferre: Alright, any other speakers? What's the will of this Commission? 94 APR 2 81977 Mrs. Gordon: I have just a question to the architect. On the south or the lower end of the plan, is that eliminating any parking along the street, that green, where will the cars park? Mr. Perez: You Mean this area? Mrs. Gordon: Come down. Down, down on the bottom, along the ridge, down,a ong the ridge, along the bottom, yes. Mr. Perez: No, there's no parking eliminated from there, Mrs. Gordon: Ok. Mr. Perez: None, whatsoever. Mrs. Gordon: Cars can park there, to visit the park, ok, that's what I want to know. Mr. Perez: Yes. The only areas where this conditoncyou're siting occurs is here but to a:limited extent. Mrs. Gordon: No, it's ok, it's just that I thought you eliminated all parking. It looks like you've put in trees and green and ... Mayor Ferre: Ladies and gentleman, it's almost 7:00 o'clock. I guarantee you we got at least another hour and a half of work, does anybody want to talk anymore about this? What's the will of this Commission? Alright, there is a motion by Commissioner Reboso, seconded by '(who) Gibson. Any further discussion. Let this be approved as presented on this schematic. Call the roll. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-372 A RESOLUTION OF THE CITY COMMISSION ACCEPTING IN PRINCIPLE THE SCHEMATIC DESIGN FOR THE BEAUTIFICATION OF CUBAN MEMORIAL PLAZA AND MEMORIAL BOULEVARD (SW 13TH AVENUE FROM SW 8TH TO SW 11TH STREETS). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor (Rev.) 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. 26. ADWALAPFEARANCErPETERSON SOUTH FLORIDA PLANNING COUNCIL Mr. Peterson: Mr. Mayor, if I could take a few minutes to share some information, really on three points. One, the Area of Critical State Concern (ACS) process itself, the action that the council took and the procedures that we followed. Basically, the Area of Critical State Concern Process is under chapter 380, section 5 of that particular act. Mr. Plummer: Mr. Mayor, let me ask a question, because I previously saw here the people who came here and complained very bitterly, what you're the only one? Mayor Ferre; They all left J.L., you know, it's 7:00 o'clock, you know we got to sit through all this marlarky, but these people you can't blame them after four hours for leaving. Mr, Plummer: I guess Maurice, what I'm saying is I'm tried of hearing cne side, then hearing one side, and the one side is going to be back here saying what he said isn't true, because he's going to say that what they said isn't true, what are we accomplishing? Mrs, Gordon: J,L,,Mr, Peterson is only going to tell about the procedures that are 95 'APR 4 technical in nature and so you'll understand specifically what has happened at the council level and what is the next step that... Mr. Plummer: Rose, we're not doing it for ourselves. We did it because these people came here and complained.,., Mrs. Gordon: I know. Mayor Ferre: Mr. Peterson, how long do you thing you think that statement... Mr. Peterson: It shouldn't take more than five minutes Mayor. Mayor Ferre: Go ahead. Mr. Peterson: Basically,that act sets up -A. process by which nominations or recommend- ations can be made by Regional Planning Councils to the State that a particular area be studied by the Division of State Planning for a possible consideration by the Governor and cabinet as designation of what is called an Area of Critical State Concern, It'a fairly specific, there is no provision in the act for any other entity to make a recommendation for such a study to the Division of State Planning . The council in this case was responding to the request by a number of citizen organizations from within the region. The Council's action was specifically that. .It was passing on essential].a request for a study to qeconducted by the Division of State Planning for presentation to the Administration, governor and cabinet for action. If that study were to be done by the state a public hearing or public hearings would have to be held by the Administration Commission on the question of whether or not such a designation ought to be made. The other suggestion recommendation, I think it's really a suggestion that was contained in the Council's resolution was that the City of Miami, actually it was appropriate government entity but it was really directed to the Commission, Consider, the possibility of adopting a moratorium on other than single family detached develop• ments until such study is conducted. Mayor Ferre: Mr. Peterson, all you're doing is repeating now for four minutes, you haven't said one thing that I didn't know before you started. All you're doing is repeating what happened. We know what happened. That's not what I thought you were going to do. I thought you were going to talk about procedure as to what we do for now. The typical question is this, that there are some people, around here who think that what was done is a flagrant. -abuse of power, because what you did was you listened to one side, you did not give others the opportunity to express their opinion, that's what they say, they felt that they were left out of the process and they feel that they're entitled to be heard too(period) that's all they're saying. Mr. Plummer: No, not period, one other thing , .... and I'm just giving you the facts as we heard them here, ok. Supposedly according to what Mrs. Gordon said and relayed to this Commission and I'm sure in good faith, that one of the so called petitionexy they were requestees or whatever they would be called was acting in behalf of the Tigertail Association. We had a man standing here says, I'm a member of that Association, the matter never came up, I never heard about it, that man was not representing me and he wasn't representing the Association, he was representing himself. Now, you know, I'll admit here, when a man stands up here for all basics, we give him credit that what he says he is, he is, but here again this is the kind of flak we're getting here. Mayor Ferre: And, in conjunction with that it was represented in the newspaper story of that meeting that the people that were there were supposedly representing the community of Coconut Grove, and as a matter of fact, the people that were named in that article and we checked it out, half of them, not only, do not live in Coconut Grove, they don't even live in the City of Miami. Now, that doesn't mean that the Audubon Society or that the Sierra Club does not have a right to present a viewpoint, of course they do, sure they do, but I don't think what they have a right to do is to say that they speak as a voice of one for Coconut Grove,when in effect, in view of the very simple premise that this, and you got Jack Luft right there, you ask him, and we're going to document for you the number of public hearings, the number of people and I'm not talking about a dozen, I':n talking about hundreds and hundreds of people at . public hearings arguing, fighting for years, until we came to a conclusion, it's been one of the most thorough jobs of this city. In fact, there's no question that it's been the most thorough job and we finally came to a conclusion after three years of bickering and fightin ,, some to a conclusion with the master clan and you people just like that make a move in ,.he opinion of most people around here was not representive, not the will of the elected officials, not the will of the professional staff, not the will of the people who are advisors, and certainly no: the will of the community. Mr. Peterson: Ck, I've shared my thoughts with you on the facts on two particular points, one Area of Critical_State Concern process, the specific content of what the council resolution contained. The other factual point that I'd like to share with you i 96 APR 281977 s relates specifically to public notice. This item was on the council agenda in Match, and in Aptil, Three weeks prior to each of those meetings, there was a notice of that Meeting sent to your City Manager's Office►to one of your Commissioners,the press and to the radio stations. It was also published in the Florida Administtative weekly, which is the official notification of public meetings in the State of Florida. Two weeks prior to the Council... Mayor Ferre: Ok, you complied with the .... Mr. Peterson: If I could continue Mayor. Part of this is our practice. Two weeks prior to the meeting we actually send out an agenda that says what's coming up at the meeting, it went to the Greater of Miami Chamber of Commerce, it went to your Planning Director, it went to your City Manager and again to the media, so I think there was in fact public notice. It does not include individuals who live in the City of Miami or may live in the city of Coconut Grove who happen to be on our notificationlist. The last point that I'd like to share with you I think probably relates to an earlier agenda item. I believe there is a possibility of dealing with the sort of problem that you were struggling with about that piece of property in South Bayshore. There are a number of very serious questions, I think for you as you carve out the future for the City of Miami and that part of Dade County. I would suggest that this be viewed an an opportunity to perhaps invoke some .wider. powers than you have in the City and view as a challenge to something that r think you probably need to do, probably want to do yourselves based on your remarks earlier in this meeting, that's an editorial comment on my part. Mr. Plummer: Look, Mr. Peterson, I think that the request from this Commission to your council was that the matter be reopened and giving these people who came here the opportunity to speak. where does that stand? Mr. Peterson: I imagine , is it contained in your letter Mayor? Mrs. Gordon: While he's reading the letter I have since found out that the state, they don't just designate an area without coming into the area and holding public hearings, am I correct Mr. Peterson? Mr. Peterson: That's correct. Mrs. Gordon: That the public hearings, the proper place for the public hearings is not at the Regional Planning Council level, but at the State(what is that called)? Mr. Peterson: It's the Administration Commission. Mrs. Gordon: Office of the State Planning Administration and that's the place and ... do they come here? Mr. Peterson: Yes that's their practice. Mrs. Gordon: And, since they do come here , it could be very well in these chambers that. you could have the public hearing where both sides could express their views, As far as the moratorium aspect, the moratorium aspect is only if this Commission wisnes to apply. it and this is the only body that can do that and obviously there is not a majority of opinion on this Commission that wishes to do it, so therefore, it doesn't seem to me that it's going to be done, so you don't have to worry about that, and as far as the public hearing as I explained there will be public hearings. Mayor Ferro: Further discussion. Anything else anybody else want to say? Mr. Plummer: No, I asked a question, Mr. Peterson what is the posture of this Commission's request for the council? Mayor Ferre: You haven't passed it yet. Mr. Peterson: : would assume that the council would honor your request. Mr. Plummer: Ok, that's what I wanted to know. Mayor Ferre: I mean, obviously, he's not, you know, going to ignore a resolution, he's going to read it to the Council, the Council do what they want to with it. I just want you to understand, you kncw, where we stand, we understand where you stand. I think it's clear. Do you want to say something. Yes, if you make it real brier. Mr. Rosenberg: My name is Sol Rosenberg, I live at 20C1 Tigertail Ave. I also have a business in the Grove. Mr. Peterson mentioned the various organizations that he had notified and it's curious that the item concerns Coconut Grove, but the Coconut Grove Chamber of Commerce was not one of the organizations notified. I'd like to read, it wi.1 97 APR 2 81977 4 take ma just a half a minute. This is the letter that Coconut Grove Chafllber of Cotterce sent to Lt. Governor.... Mayor Ferre: Now, wait a minute, M. Rosenberg, Mr. Rosenberg we all got copies of that. Mr. Peterson got a copy of it, you don't have to read it into the record, tf you'll give it to the Olerk we'll put it part of the records. Make your statement and then we move on. _ Mr. Rosenberg: The statement has been made. Mayor Ferre: Alright, thank you very much. Is there anybody else who wants to speak to this item? 27, CONFIRMING RESOLUTION: REQUEST SOUTH FLORIDA REGIONAL PLANNING COUNCIL TO HOLD ANOTHER PUBLIC HEARING - COCONUT GROVE AS AREA OF CRITICAL STATE CONCERN. Mayor Ferre: Item 46,does somebody move item 46? We moved it in a motion before. Mr. Plummer: I moved it before. Mayor Ferre: Alright, Plummer moves item 46, is there a second? Gibson moves. Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-373 A RESOLUTION REQUESTING THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL TO HOLD ANOTHER PUBLIC HEARING REGARDING THE QUESTION OF DESIGNATING THE COCONUT GROVE AREA AS AN AREA OF CRITICAL STATE CONCERN (ACSC) TO AFFORD ALL RESIDENTS AND INTERESTED PERSONS IN COCONUT GROVE THE OPPORTUNITY TO EXPRESS THEIR OPINIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by.Vice-Mayor Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gorden Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 28, PROPOSED ORANGE BOWL INPROVEINS - ESTABLISH DATE FOR STRAW -MOTE ELECTION, Mayor Ferre: Alright, fellows, I apologize to you for taking this long, but you know we had all these other ths that we had to take care of first. Alright, Mr. Knox, / are you ready to give us t-"regal papers that you drafted up?As I recall last time Alright, let's see if we can start, " A resolution providing for the holding of a special referendum election in the City of Miami, Florida, on June 7th, upon the question on approving an expenditure of an aggregate principle amount not to exceed $15,000,000, plus interest, from ad valorem taxes and other sources(and/or other sources Mr. Knox)? " Mr. Knox: This would just place the question of whether or not the taxpayers would agree to have $15,000,000 contributed to the cost of rebuilding and remodeling the Orange Bowl. Mayor Ferre: Well, couldn't we add after the 25 years,(ccmina) and/or other sources, or is that just going to confuse it? Mr, Knox; If there's en inpiiOation that it this $15,000,000 iws not sufficient that 98 Mayor Ferre: Ok, I understand. Have you checked this out with the bond council? Mr. Knox: Yes sir. Mayor Ferre: Is. the wording acceptable to the bond council that he can defend that and .... Mr. Knox: What we are doing now, I think this is important, this is not a bond authorization, this is merely a question to the voters as to whether or not they would be willing to commit this amount of funds. Mayor Ferre: What do you mean, this is a straw ballot? No,... Mr. Knox: Alright, now we can go back on first reading and once again there was a question of whether or not they would agree to the issuance of $25,000,000 in bonds, in either event, neither one of these is an actual bond ordinance. Mayor Ferre: Alright, Mr. Knox, the intention that three people who voted for this as I understood it last week was to past an ordinance that would in effect put before the electorate of the City of Miami an expenditure of $25,000,000 which was not a straw ballot but an actual honest to goodness referendum on S25,000,000. Now, that passed on first reading. We were going to have a second reading yesterday. Now, we heard from Mr. Art Bruns this morning, who says his committee met and they recommend- ed unanimously. It was a unanimous recommendation that we strike that portion of it, now follow me, that we strike that portion of it that deals with a new stadium, because he thinks that doesn't make any sense, we've gotten all this question about being vague and not specific and therefore in the interest of making this a specific proposal, what we need to do is in second reading,as I understand it,to strike the words,"new stadium" and just leave it... and you told me over the phone, I guess it was yesterday or I don't know when, that we had to be more specific and we had to put Orange Bowl specifically, and what I'm saying is my recommendation is on second reading strike "new stadium", change "25" to "15" and that's it, Baseball and Football Stadium." An ordinance providing for the holding of a special referendum election in the City of Miami on June 7th, upon the question of approving(strike $25,000,000) and now add, $15,000,000 stadium bordsof said city for the purposes of paying together with other funds if necessary the cost of providing a modern designated stadium and then just add at the Orange Bowl". Ok? Does that clarify the location of it? At the Orange Bowl designated to accommodate major league football and/or baseball events within(you don't need within the corporate limits now). If you want where it says within the corporate why don't you say, at the Orange Bowl Stadium. How would you word it Mr. Knox? Mr. Knox: Ck, if we're going back to the ordinance that was passed on first reading yesterday, Monday. We can indicate with the Commission's concurrence that the location shall be the Orange Bowl Stadium and we're talking about renovating our remodeling the stadium in such a matter as would accommodate baseball and football. Rev. Gibson: Mr. Mayor, the man in reporting this morning told us unequivocal that the two couldn't go together, they don't mix. Mayor Ferre: Yes, but I want to tell you, let me tell you what he was saying, what he was saying was that you cannot have a professional baseball and a professional football team playing because the dates overlaps. Let me tell you what I'm thinking about very, very specifically, if the Dolphins go to Broward County, as far as I'm concerned if we can get a major league baseball stadium and we get major league baseball in Miami, that's what we're going to end up with and I think that we've got to have that versatility, -so I repeat to you the following. I go along with Mr. Bruns recommendation which takes us back to where we were with Mel Reese five years ago, and that is fellows you can't build a new stadium, you gotta remodel the Orange Bowl, and what I'm saying is we don't have the money to do it. We've never had the money to do it and the question now is let's face that issue, get the Grange Bowl done properly and if Mr. Robbie wants to come here and I think he's going to flop with his Broward County deal then we've got the avenue, the money, the vehicle to upgrade the Orange Bowl into a first class stadium for foot- ball, which is what I hope would happen. If that doesn't :appen we've got the flexibility or some future Commission will, because I won't be around at that time to decide whether or not they wanted to convert this into a major league baseball stadium if we can get a major league baseball team down here, so Father, 1'll pass the gavel over to you and here's the on second reading I would like to move the following ordinance that reads as follows; "An ordinance providing for the holding of a special referendum election in the City of Miami, Florida, on June 7, 1977, upon the question of approving $15,000, 000 stadium bonds of said city for the purposes of paying together with other funds if necessary the cost of providing a modern stadium designed to accommodate -major league football and/or baseball events at the Orange cowl." That's my motion. Mrs. Gordon: Discussion on the motion Mir. Mayer. This would not change the payments by ad valorem taxes? 99 APR 2 8197 Mayor Ferre: The intent of this motion is that'we', the city would have the versatility if it so desired, if the people of Miami will vote for it, so that we could sell up to $15,000,000 worth of taxes, ps,this would be ad valorem taxes for the purposes of refurbishing, remodeling, and improving and the Orange Bowl, which happens to be one of the great assets of this community. Mrs. Gordon: Now, I would like to, since I wasn't here to voice my opinion at the last meeting, I would like to give you some of my thoughts, whether you think they are of value to you or not, I still would like the record to reflect the way I feel about the City of Miami taxpayers picking up the tab for what I consider a regional type of facility. A facility that accommodates people from certainly, all of Dade County, and also from Broward County, and I feel quite sure from Monroe County as well. I don't think it's fair for us, especially since we sat here today and listened almost to the 1 verge of tears, some of the people who are going to have to pay sewer assessments in certain areas of the city and who don't have that money. Iiow can we inflict upon these kinds of people a tax of any amount for any sports activity wherein they probably never would ever have an opportunity to be able to purchase a ticket to attend one of these activities? I would like to have you consider a practical approach to the problem of what to do to accommodate a first rate football team and or possibly a baseball stadium, and think along the lines of a joint venture by setting an entity into being a sports authority formed by the City and the County, that the City as a contribution to this authority offer the Orange Bowl and that the County as their share of the responsibility provide the improvements, the cost in this manner would be spread across the total population of the County vs. only slightly more than 20% of the population of the County. Furthermore, a large percentage of the citizens of the City of Miami are elderly and less afluent in many ways than those who are County -wide, and I would venture a guess that if anyone check if the Dolphins as to the addresses of those people who are purchasers of season tickets they would'find,I feel, that the percentage, the ratio of attendance would be somewhat similar to the percentage of the population of the es-e County., Se for that and many other reasons that we as a City are providing a site thatiar all of Dade County should provide the improvement and I think that would be a better approach. I don't think it's a matter of life and death,Mr. Mayor that we put this on the June 7th ballot. I really feel that you should defer this action and get together with the County. I noticed in the paper Ms. Phillips comments of willingness to part- icipate. Mayor Ferre: Wonderful, that's very nice. Mrs. Gordon: And, I would respectfully suggest that this matter not be carried any further than the first reading you had the other day. Mayor Ferre: Father, in rebuttal. Alright, I'd like to say this, Mrs. Gordon I recognize your position and I think it is... I recognize the common sense in the position, it's a sensible one, it's consistent with your position in the past. I well remember when I first came on this Commission as Interim Mayor it was upon your motion that you wanted to turn over the Orange Bowl to Metropolitan Dade County, and I might remind yc that that vote at that time was defeated, if I'm not mistaken 4 to 1, and you're entit.Ld to that position and I realize that. I want to say that that following November I ran ' for the Mayor of this City and the two things that I got the most backing on was garbage pick-up, ok, and keeping the Orange Bowl. Father Gibson ran in that campaign and Manolo Reboso ran in that campaign, Rose you and J.L. Plummer did not run and I'm going to tell you that was the issue and I didn't care wh J:e I went... you've given up the libraries, you've given up the water and sewer, don't give up the OraL:qe Bowl, now that's number one. Number two,... Rev. Gibson: And, don't make us bring our garbage out to the streets... Mrs. Gordon: May I correct you... Mayor Ferre: :No, let me finish. Mrs. Gordon: alright, when you finish I want to make a correction. Mayor Ferre: Alright, and then I'll .... that was number one. Number two, the Orange Bowl is something that has been on the conscience of this community for the last decade. We have talked this thing to death. We have studied and studied and studied. We have on the shelves, not one, but several studies and I'm not talking about cheap studies. We've spent hundreds of thousands of dollars of engineering surveys, analysis, how much the escalators would cost, what about the chair backs, how much would this cost, how much parkirg'P,'ve gone over and over and over. Mel Reese stood there, he was so upset. I don't think other than golf, I've never seen Mel Reese more excited or more enthused about something than that Orange Bowl, he wal.'iced around and went over to that ;odium and got to that microphone and he gave us a lecture about hcw this thing had been talked to death and it was long overdue and that was 1973 and that we ought to get on with it and get this and that. We voted for it. This Commission voted, this Commission 1 APR 281977 voted to implement the Kunde Plan in the year 1973, Ncw Mx. Manager, you gave us a whole series of charts this morning about how one project took how many years, 13 years, Well here was Mr. Mel Reese, this Commission went on record, you and your two predecessors are under mandate from this Commission to proceed with that bowl, with that Orange Bowl and it's here 1977 and we haven't done it, Why? You know why because you keep on saying we don't have the money. We don't have the money, now isn't it time that we bit the bullet, that we realize what this is all about, somebody, listen, there are no free lunches, somebody has to pay for this thing. Now, let me tell you about.the City of Miami. The City of Miami has today a bonded indebtedness of $105,000,000 that is 2.9% of the total, we can go up to 15%. Now, right today it is costing us around 13% of our total budget as debt repayment, that is below the national average,Now it is true that once we issue the $28,000,000 and if we go into the housing bond issue and the other thing that that is going to increase but it is not going to increase beyond the capacity of the city to pay. Now, how about beyond the ability of the city to pay? Well, let me put it to you this way. If you look at what the City of Miami has been, it has not substantially changed in the last 20 years,Why? Because the City of Miami, other than we have a lot of different citizens who are citizens, you know the Cuban citizens that weren't here 20 years ago, aside from that there hasn't been a major change in this City of Miami that we have had anything to do with, Yes the expressways came in, we had nothing to do with that. Now we put up a park, we've done this, we've made some progress,we're on a threshold of some major things, but one of the key things that is long overdue is the improvement of the Orange Bowl, Now haven't we done it besides the lack of money? We haven't done it because Mr. Joe Robbie, who is the principle user of the Orange Bowl says that he refuses to go into the Orange Bowl on a long term contract. How one of the reasons Mr. Robbie refuses is because he doesn't think that the Orange Bowl can ever be made into anything good Alright, he's entitled to his opinion, but Mr. Robbie wants a new stadium. A new stadium we know is going to cost from 50 to 100 million dollars, New Orleans cannot afford it, Nobody can afford it, they've all gotten into trouble and we're going to get into trouble, now there is only one thing that this city can do, and there's only thing that Mr. Robbie finally is going to have to realize that he can do and that is to settle down and negotiate a 15 or a 20 year contract and at that point I think you'll be able to go out and get some revenue bonds,J.L. I hope you're right, but if you don't you're going to have to have the ability to go and dip into the ad valorem taxes because that's the only way you can get this show going. It seems to be that we oug1-4'ta follow Mr. Art Bruns acvice,we ha% a blue panel committee, they've come back with the recommendation, last time around I was for a new stadium, I was for going out to $25,000,000 ok, we didn't get support on that and I'm going to change my position and go down to $15,000, 000 and limit it strictly to improvements in the Orange Bowl and let's see how it goes. Mrs. Gordon: May I correct you Mr. Mayor on the statement that you said that I said? Mayor Ferre: Yes, I'm sorry, go ahead. Mrs. Gordon: Ck. Yes, several years ago I did advocate a turnover of the Orange Bowl and several other regional facilities, not just the Orange Bowl, if you recall it was Watson Island, Bayfront Park. What we're talking about now is building up this community into a real sports community and I don't think we can do it alone. : think we have to start working on a larger scale . I don't necessarily mean working with Broward County, because I don't think that Broward County is going to want to finance something in Dade County, I don't really think they are, and I don't think we want to go and finance something in Broward County, I don't think we do, but I do believe that all the people of Dade County are interested in the Dolphins and in possibly a good baseball stadium and I think if we start in authority, which is a combination of people from both the City and the County and that we each contribute, we contribute our assets and they contribute the money to fix it up I think that's a very sensible approach and that's nct giving anything away. It certainly wouldn't be taking any more from the taxpayers and at least it wouldn't be taking it from the City of Miami taxpayers, it would be taking it, if it was going to take it at all from taxpayers it would be spread on a basis that would be so much larger it wouldn't hurt the individual pocketbook cf the people of tha City of Miami. When Mel Reese planned to have the stadium remodeled, Mel Reese did not plan to have us build it with ad valorem tax dollars. Mel Reese's plan was very, very complete in how the stadium could carry itself. Ok, I never until just a week or so ago knew that we as a city t o ok. any money to contribute to the support of the Orange Bowl. I never knew that. I heard that just a short period cf time ago and I'm not sure who told me, whether I read it in the newspaper or I heard J.L. say :t,but know that this was a total surprise to me, because one of the things we always prided ourselves on was that the Orange Bowl carried itself. Pica if it's not carrying itself I wish somebody would tell me from the Administration at least, : shouldn't have to hear it from other sources. Is the Orange Bowl carrying itself Mr. Grassie? Mr. Grassie: No. Mrs. Gordon: It is not. Well, then you see we are going deeper and deeper digging a bigger and bigger hole. J.L. I guess maybe you could speak to the digging of the holes C id1 APR 2 81977 better than I can, but I think we are digging ourselves a pretty big hole and you know what happens when the hole gets big enough, Ok. Mayor Ferre: Well, let me tell you that the trouble is that when you run into obsolete machinery you've got to find ways of making it modern, otherwise you're going to go into the hole and I think the point simply is this. I'd like to in the record say to- day that we always get the blame. The editorials are against the City of Miami, the major stories are against the City of Miami. Now. let me tell you something, Broward County reads the news, I mean the Metro Commission and the Metro Administration read the same newspapers that we read and they know that this community has a problem with this. I don't see that anybody up until we forced the issue on Monday, that's the first peep that we have gotten out of Metro and we got it out of one person, Beverly Phillips, the only responsive person. Now, I don't mean to hurt my friend Steve Clark and the other Commissioners feelings, but don't you think that if that had a sense of responsibility and they've seen us agonizing on this thing and they've seen Coe Robbie say that he was going to leave and then start negotiating with Broward County, he's not negotiating with Fort Lauderdale my friends he's negotiating with the Broward County Commission. _But where is the Dade County Commission, why aren't they doing something about this? Now, you say that they're going to do it•You know how they're going to do it, yes, they're going to do it, they're going to do it the same way they've done something about housing.See , they did something about housing, they put it on the ballot and they didn't go out and really do .the kind of job to pass it and sure the 200 passed, but the $10,000,000 for housingA1,c211•%Wfsed $25,000,000 for housing in the City of Miami and I mean to tell you that that's one of the best reasons why we ought to keep the City of Miami alive, because the City of Miami has a better fire and police department, because the City of Miami is more responsive to the needs of the citizens, because the City of Miami can pass the housing bond issue, because the City of Miami can pass an Orange Bowl Improvement. In the :meantime, Metropolitan Dade County has gone six or seven years why we agonize, while the Dolphins say they're going to go to Broward County and hasn't said a word, not one little pee= until after Monday and after Joe Robbie says he's going to Broward County and after the City of Miami takes the inititative of nutting this on the bond issue, now Beverly Phillips all of a sudden says that we ought to do something about it, but where have they been for the last 10 years? Where have they been for the last 2 years?, and I'm going to tell you something, the City of :Miaml is the strongest thing that this community has got going for it and I'll tell you I think that we ought to be proud of it and we ought to be progressive and we ought to put it out there and go out boldly and campaign for it like we did with the housig bond issue and get it passed. Mrs. Gordon: Mr. Mayor, the bond issue is a different issue. The reason why the bond issue is a different issue is because a lot of poor people who are in desperate need of housing are residents of the City of Miami, that's why you had an easy time passing a bond. issue. Now, when you're talking about a sports arena you're talking about a more afluent group of people and you won't find those afluent people in the City of Miami, certainly not to the percentage you will of those who need housing. Mr. Reboso: Rose, let me ask you a question. I want to know what the ratio among the ticket holders living in the County and the ones living in the City? Mrs. Gordon: I don't have the exact statistics. 'Ir. Reboso: You say we should check with the Dolphins. Did you check? Mrs. Gordon: Manolo, I said it's logical to assume because I can assume from my own friends and acquaintances who hold season tickets where they live. T_ know very few who are season ticket holders who live in the City of Miami. I know some. Mr. Reboso: But then you don't have the information. Mrs. Gordon: T_ haven't gone to the research of how many. I'm giving you a hypothetical situation which is sufficient to give you a reason why you do not have to rush into this bond issue now, but you can try to put together something else and if you find a bond issue is necessary do it in November. If the Gay Rights Ordinance hadn't come up now you wouldn't have it to consider anyway. Mayor Ferre: But that's exactly the point Rose that we have an opportunity without it costing the City a great amount of money, only the printing to put it to the people, Look, J.L. is always saying let the people decide. I have no objections if I believe in it and ... to put it to the people, why should we be scared of the people's opinion. The people have the wisdom of deciding. If the people -rote against it, than that's that. But if the people are for it, why should anybody fear at any time ever going to the people and asking for their opinion? Now, let me point something else out to you; Yes, there's no question that housing is more important. I want you to notice that we passed the housing bond issue first, and then we're coming to something, but 1Q2 APR 2 R 1971 1 7� you know what this community needs, it needs jobs, it needs jobs. You know how you get joints? By strengthing our base. What is our base? It's tourism, yes it is, it's tourism, it's the Miami Airport and the Hotels and how do you think... why do you think Miami is a great tourism capitol, why? Because it has golf courses, that's true and the beaches and because we have wonderful hotels and because we have the Orange Bowl Stadium, which is beginning to look a little bit sad and we better do something about it and that's what this is all about and Mr. Chairman, I move you sir, that I think we all know how we feel on this thing, I don't know whoelse wants to express their opinion, but unless somebody else does I ... Rev, Gibson: 1r. Mayor, members of the Commission, I have two questions. I think perhaps Plummer and I together when we talk about the kind of tax.... those who use it ought to pay for it. Mrs. Gordon: That's what I'm talking about. Rev. Gibson: Now, you know, I'm troubled about that, because I hope somebody would speak to this Mr. Manager, you or whoever on your staff. I want an explanation by what Plummer means when he says those who use it ought to pay for it. I would hope to God that, that answer is forthcoming. I know I'm going to have it before I vote number one. Number two, the man that we appointed as Chairman of that Committee empathically stated this morning that we don't put those two things together. Now, he said,"you cannot have baseball and football in the same quarters," now one thing I like my doctor for is when I go to my doctor I unfold, I tell him all about me. H.e usually, he has used and expression like this, he says, "you know before, when they come in here they want to take it all of me, when they are out of here they want to put it all on me," See when they go to him and you are going to examine them, you know, they take all the clothes to make sure that they don't have no extra weight, to make sure that the doctor knows they're down to a certain weight, ok. Now the point I want to make is we appointed a committe, the committee empathically told us , that they were opposed to putting the two things together. Listen to the title of this resolution, it says(and/or)and you know what's going to happen .... Mayor Ferre: It's going to be (or) or it could be (and), but it•can be (and) it can be(and) at the expense of football so therefore, from a practical point of view we have an obligation with the Dolphins to sign the 10 year contract and if a professional baseball team cannot play in there while the Dolphins are there, that's the end of that but this gives us flexibility. Rev. Gibson: Let me explain my problem. When Mel Reese was here we ordered a survey. I'm convinced, nobody else can tell me the need of renovating the stadium. I'm committed to that. 1 have some great, great problems with combining the two. Mayor Ferre: Well what do you want to do... Rev. Gibson: Now, I'm a baseball lover. I'm a baseball lover, and incidently you can't believe me, I played football in college. You can't believe that, see, and all I'm saying is I want those two questions answered. :'m not confortable with the combination and I want you to tell me the difference between making the users pay for using it. ok? Alright, if you can give me those two answers, 1,2, and make them clear then I'm ready to go, but I'm not ready to go until I get those two. Plummer,you tell me , maybe you could tell me what is in your mind and then maybe the Manager or either the Manager, I don't care who tell. me. Mr. Grassie: I don't know Pather,that I can pretend to speak for Commissioner Plummer, but I'm assuming that what he's saying is ... Rev. Gibson: You car. speak in this instance. Mr. Grassie: That the users of the facility should pay for something which the community would consider to be the cost of operation. Now, if you're talking about the operating cost of the Crange Bowl, it is in my estimation possible to :hake sure that the users do pay for the facility. The question. ;nark has always been who is going to pay for the facility itself, will it be considered a community facility :aid for by the community or will the physical thing also have to he paid for by the users and that basically is a policy kind of a question, it's the same kind of question that you face um to when you talk about building a park, or building an auditorium, or building the Marine Stadium:There is a difference between the operation and providing the basic facility, that is a policy choice. The other question that you raised is, should(as 1 understand it) the Crange ?owl be a dual : urpcse facility and I have to give you what I would consider to be my layman_ opinion on this, it is based on anal_;zing the reports that the City has had done for it. In my opinion it should not be, the Orange Bowl should not be a dual purpose facility. It should not be used for both foothair. and baseball. ...... ......... . !1F IMlAAAAIAI'All'!III"19'PII'IIIII1 lea APR 281977 Mayor Ferre: That does not say that it's going to be dual capacity►what it says it can be one, I'll tell you what, if you want, let's strike out the (and) and put (or) I'll go along with that. Rev. Gibson:. I could go along with the language providing I have a commitment prior to my voting. I'll tell you something, man, you white folk have taught me a hell of a lot in my 62 years of living and you know what you've taught me? Thatthe English language is very clear and distinct. Now let me explain what I want. I want that the first priority be that of football, the stadium being renovated and we will only go to baseball in the event, in the event we cannot get a major league football team to come here. If I get that as a commitment before, I'll go along with the language providing everybody understands that the only reason you're using the term (or) you're using it as a convenience. Now, you know, because I don't want you to come back here later on badgering me to vote for baseball and you know, because that ain't the way Gibson going and I want everybody to understand my vote. Mayor Ferre: We will make it part of the whole thing. Mrs. Gordon: Father Gibson may I ask you to a question? Mr. Mayor, through you, Commissioner Gibson are you in accord then that this bond issue is acceptable as an ad valorem tax, which is a tax on a property owner that the payer of this bill is going to be the taxpayer who owns property? Mayor Ferre: That's the choice of the people of Miami, if they don't want to tax themselves believe me those people are going to say. and I'm going to tell you something the way this thing has been received in the press and the kind of publicity it's getting I think the people of Miami probably are going to vote it down, so that's going to solve itself and we may be just wasting a lot of time, but I don't think it's that expensive and . . . it's worth taking and attempting it, but the people of Miami have tc4fie. decide whether they're willing to tax themselves to get a better stadium, it's that simple. You want a better stadium you got to pay for it, there are no free lunches, you pay for it and then you can charge a little more from the users. Robbie said he's willing to pay a dollar a head tax if we give him a better facility. Ke's going to be back talking to us... Rev. Gibson: Plummer, I wish you'd tell me what you mean by this user pay for it. Mr. Plummer: My turn to speak? Rev. Gibson: Yes,sir. Mr. Plummer: Three items: Number one, the key element of this plan is not here, that's Joe Robbie, because we're signing or getting ready to sign a contract with that man for 10 years and only he has the escape cause, we don't. Only he can escape after a certain period of time. I haven't formally voted for it. 01Q Now, number two, that man shou] be standing here saying, yes the improvements have got to be made; yes I will negotia a new contract up and above what we've already agreed upon, but he's not here. Number two, in all reality there is no plan before us, none whatsoever. We do know that a plan which was approved by this Commission was $18,000,000 approximately three years ago, I think it would be safe to say that that plan today is $21,22 million dollars by inflation. There was a way Mr. Mayor and proposed by Mel Reese O..it, look, there is no commitment from other People of where the other money is going to come from. Some 20 years ago, a plan was proposed by the City of Miami to put out individual bonds bought by private individuals in which they were paid interest, in which they were guaranteed a reserved seat for the Orange Bowl Game, I don't know it to be a fact, but I was told that those bonds when offered were told in less than two hours and the complete financing was taken care of, no sir, in the Orange Bowl, alright sir? Those bonds, or some of them today have still not been cashed in. Mayor Ferre: --- How long have you been hearing that? Mr. Plummer: How long have I been hearing what? Mayor Ferre: Yes, how long have you been that same cock -aerie story ? I been hearing that for 10 years, you see anything happening in the Orange Bowl? Mr. Plummer: The improvements were made. You've been in the new press box, you've been in the parking. Mayor Ferre: That's all that has been done. Mr, Plummer: That was all gar= of the bond issue. The decking up over the Other end was part of that bond £Ssue. Mayor Ferre; but that's a very small part of what's needed .... 1C4 APR 281971 Mrs Plummer: It can be done again, ok7 Mayor Ferre: J. L. we keep saying that, but nobody does it. Mr. Plummer: Mr. Mayor, let me conclude, Now you know I know you're immediately going to fly out of that chair with a response that that's dangerous territory, but let me tell you something this city is in dangerous territory. The problem that I'm faced with the fact gf this, you're talking from ad valorem taxes if everything else fails if I'm not misquoting the Mayor, yes,the people have got to pay for it from ad valorem taxes and yes,I'll admit the capital do not come out of under the 10 mill cap, But how in the hell do I tell a taxpayer of this community next year when I am cutting down and cutting back in the police and fire that your taxes went up but you're going to have less police and fire ? I tell you I cannot do it, I must vote "no". Mayor Ferre: J. L. let me answer that. We have bond issues that the people of Miami voted for 10 years ago, (let me finish) that still have not been issued, The fact that you have the authority to issue a bond issue doesn't mean you're going to do it, that's the responsibility of responsibile government. Look, the City of Miami has an A-1 rating, it has an A+ rating by Standard & Poor & Moodys. The City of Philadelphia sold bonds, listen to me, now on April 15th, 71/2%. ;-te sold bonds on April 14th at 4.9%.Why? Because the City of Miami has been responsible fiscally, that means that we don't issue bonds until we know we can pay for them. Now let me tell you something, J.L. wait a minute, what I'm trying to say is that if this Commission will be in the next 10 years as it has been in the last 10 years or in the last 20 years, it's going to continue to have a high rating. We haven't been irresponsible, we've been very careful about this. All this does, let me, and then I'm finished, I promise you, and that's all I'm going to say about this thing. Let me tell you where we stand on it. What it does is it moves the peg up one notch. It puts us in a negotiating posture with Joe Robbie which is stronger. It is a more reasonable posture to negotiate with Robbie, that's all I'm saying. Naw I know,,, I u. erstand what you're saying. Let me tell you Pat Tornillo told me. You know what Pat .orni gold me this weekend? He said what we're going to go for in the constitutional revision is a personal income tax. I said Pat you'll never get through, he said,"I think we will, I think the Governor will go for it. I think we're going to get it through ", I said, well, ok good luck to you and then we're going to release the school, we don't want anymore ad valorem from schools, we're going to give that to local, to the cities and the counties., let them use that money. I don't know what's going to come out of the constitutional revision, all I'm saying is this, we need the Orange Bowl, we've been talking about it for 10 years, we've been talking and not acting, it hasn't been improved ether than the press box and : agree with you that's very pretty, but we have not done the job. The County hasn't done the job, the County is not going to do the job,We. can't afford a new stadium, but we can afford to improve the Orange Bowl. If we pass this, if we tell the people and if we don't get emotional and all these newspaper editorials writing all these foolish, emotional editorials, rather than thinking them out lodgically, Ok, and if we can get the people of Miami to qo for it, fine. Now, look, at worst,Father Gibson, at worst, what are we doing? We're giving the people of Miami the opportunity to vote for it, pay more taxes, Rose is going to campaign against it, J.L. is going to campaign against it, others are going to campaign, it'll probably go down in defeat. ok? But at least we've given the people the opportunity to do it. Now you know what? In my opinion it's not going to go down in defeat, because I think the people of :Miami do want a new stadium, it's the single hottest issue that we got going now. We talked about all kinds of things in the Miami News ... tore us up every single day about this and that and I didn't get one phone call, one letter, I didn't get one complaint, the Dolphins are going to leave and the Orange Bowl thing, and I got dozens of letters, hundreds of phone calls, that's for some reason the people of Miami are emotional about the Orange Bowl and I think it's going to pass• Let's give them a chance. Mrs. Gordon: I have a question Mr. Knox. The question is one of - now legal in nature since the ordinance that you passed on first reading was somewhat different than the ordinance that is before us tonight, I ask you if this is a substantial change and if this would meet the criteria for the Elections Division since its several days since Monday, the day that was the cut off date? Mr. Knox: Question of whether or not these changes represent substantial changes is one for the legislative body to :Hake. Now, it's true that it's an ordinance, if the character of an ordinance changes substantially so that it does not reflect on second reading what it reflected on first reading then that's a substantial change. Mayor Ferre: Well, it may not pass, so if it doesn't pass then it's academic'if it passgs, then we... Mrs. Gordon: Well, et me hers what he says Mr. Mayor. Mayor Ferre: I'm sorry. Mr.i{rox: That's the answer to the first ^iestior., The answer to the second question is 105 APR `'SIFT Mts. Gordon: t'ft softy, t didn't hear the whole part of your first question. Mt. Knox: The legislative body has to decide whether or not these changes are substantial. The answer to the second question is that the people at the election coMmi.ssion haveindicated that what concerns them is whether or not the printers and those people that have to prepare ballot would have time to do so and the last word that they gave me was that we can submit the question to them and they would do every= thing they can to get it ready but they cannot insure that it will be ready. Mrs. Gordon: Then the answer to the first question was the substantial change was it is not substantial change? Mr. Knox: No, my answer was that this body has to decide whether or these changes are substantial. Mrs. Gordon: Oh, you're not going to decide that, you're the attorney? Mr. Knox: I tell you what the law is and then you decide whether or not it's substantial in your legislative wisdom. Mrs. Gordon: We need someone with legal knowledge to say if this is substantial. Mayor Ferre: He's given you the answer. Mr. Plummer- if worst if we have to the meeting and calls a special meeting and you he said the other day. So, let's don't play on you have a first reading, ycu adjourn have a second reading, that's what technicalities. Mayor Ferre: Well, ok, let's, look, I'm not going to press this, if this thing doesn' let's see if it gets a majority, if it doesn't, then let's not worry about it, because it's already 8:00 o'clock we got other things to do so Mr. Chairman, I move you the question sir, as read in amended form. Rev. Gibson: Read that amended form please. Mayor Ferre: An ordinance providing for the holding of a special referendum election in the City of Miami, Florida, on June 7, 1977, upon the question of approving $15,000,000 stadium bonds of said city for the purpose of paying, together with other funds if necessary, the cost of providing a modern stadium designed to accommodate major league football and/or baseball events at the Grange Bowl. Mr. Plummer: Now, this motion does not speak in anyway co ad valorem, is that correct? Mrs. Gordon: It's in the body of the text of the ordinance. Mr. Plummer: Is it? Mrs. Gordon: Yes. Mayor Ferre: Of course, it's ad valorem taxes. Mrs. Gordon: It's in the body on the bottom of the page. Mayor Ferre: I asked a question.... so we can vote one way or another. Rev. Gibson: Alright, call the roll. ON ROLL CALL: .r. Ongie: Mr. Plummer? Mr. Plummer: I'll have to use this opportunity to make a rebuttal to something the Mayor said and I'll predicate my vote ai it.:^r. Mayor, I have never in the 7 years that I have sat on this Commission, _: ycu said before, ever been scared of submitting to the people a well thought out, a well planned, a good issue; I don't think this is well planned, I don't think it's been well thought out and I don't in good faith feel that I can offer to the public something that I don't have the confidence and the feeling in and behind.For that reason I vote "no". 4r. ongie: Mr. Reboso? Mr, Reboso: Yes. Mr, Ongie: Reverend Gibson, ex ti:se me, Mayor 'erne? :mayor Terre: I vote "veS," 106 APR 2 81 77 Mt. Ongie: Mrs. Gordon? Mts. Gordon: I vote "no", I vote "no" I also concur with the analysis that Mr campaign for an issue. I don't believe wasn't a unanimous one. I don't recall so without any further ado, I say "no." Mr. Ongie: Vice -Mayor Gibson? for the number of reasons I stated previously, . Plummer so ably has put forth and I could never that we put an issue before the voters before that any that wasn't, if it was I don't recall it and Rev. Gibson: Mr. Mayor and members of the Commission, I don't know how I could get this commitment, but you tell me and if I could get it I'm going to vote. I want to make sure that we're talking about we're going to keep our commitment to the man that was here and that is we are not going to put the two of these things together. Mr. Plummer: Father, would it help you if what was just told to me by a person of the media, that there will be no expansion of major league baseball for 10 years and I'm u ing him as a fact, but I'm told that there will be no expansion of major league baseball for at least 10 years. Mayor Ferre: J.L. in addition to that, we already have a contract which is going to be voted upon one of these days for 10 years with the Dolphins which would absolutely preclude baseball be played there. Mr. Plummer: No, I don't agree with that. It's a matter of schedule. Mayor Ferre: But they overlap, don't they, that's what that fellow was talking about. Mr. Plummer: Astrodom does it,other major stadiums do. I don't think that that is your stumbling block. Mayor Ferre: Look, I'm perfectly willing if it makes you feel better to put (or) and strike out the word (and) and just say football or baseball, so it's one or the other and not both, ok? Rev. Gibson: Alright. Mayor Ferre: I will then withdraw my previous motion in the ordinance and take out the word (and) so that it reads football or baseball, ok? The seconder of the motion... Mr. Plummer: Oh, you're opening a Pandora box, are you even considering by that change, even though you're not of completly totally, eradicating the football aspects of the Orange Bowl and turning it into a baseball? Mrs. Gordon: Then you're also telling the Univeristy to go and ... Mr. Plummer: Ch, boy ! Mayor Ferre: Well, you don't think that we can afford to keep that stadium going just for the University of Miami do you? Mr. Plummer: Mr. Mayor, let me tell you something, I told you before and I'll tell you again, that Orange Bowl was there before the Miami Dolphins came to town, and that Miami Orange Bowl is going to be there after the Dolphins leave town if that's what there decision is. I have told you and I have told the Administration that key to the success of the Miami Orange Bowl is not sports. The key to that Orange Bowl is activity, the same as the Astrodom, 3C0 days a year that facility is used and only a half of that of is for sports. That is the key to the success of that Orange Bowl. Rev. Gibson: Then, :nay I understand it, you're saying that we're better off with(and/or)? What I want to do is I want to make sure that we do not, ycu see I have a problem, I am going to listen to that :pan that was here. I dcn't plan to let us vote,go to the public and if the public should say "yes" I do not want us then contend that we have to have both. T_ want to be in a position that we're going to get football in that stadium and getting football in there ... Mr. Grassie: I don't know Commissioner whether your question is addressed to us, but ,.. Mayor Ferre: He's asking a practical question Mr. Grassie, give him an answer one way or the other. Kr. Grassi_: It seems to me impossible to run two different sports like baseball and football in the Orange Bowl, based cn what we know, you knew it's simply not possible, unless you're talking about spending many :more millions of dollars than anybody ... 10 APR 2 81977 Mayor Ferre: He's not asking you that question. He's asking you should we leave it, should we make it (and/or) or should we just put (or). Now, I'll vote for it either way. I think if you leave it (and/or) you have more flexibility, if you put (or) you're limiting yourself. It's the will of this Commission, I think, it's,obviously the record here is going to reflect what the intent was if it ever goes to a judicial matter and I'd be perfectly willing to stipulate in my vote that I'm voting on it on the basis that there will be not a conflict between football and baseball, that football comes first and baseball comes second. Mr. Grassie: It seems to me Mr. Mayor, that it may be desirable for a majority of this Commission then to adopt that as a specific policy statement, what Father Gibson said. Rev, Gibson: Now,if I could get that(repeat) I would buy that. Mayor Ferre: Isubmit to you that if this thing passes then I will make a motion Rev. Gibson: In the record. In the record. Mayor Ferre: If this passes I will make a motion subsequent to that that we specifically, that the intent of this is that it be given that football has a preference and that as long as there is any conflict between football and baseball, it's a football stadium and it would only be baseball if there is no conflict or if there is no football. ok? Does that satisfy you? Rev. Gibson: Alright, I got you. Reboso, I just want to make sure. Mrs. Gordon: Before Father casts his vote, can I just make one comment for clarification? Mr. Knox, did not clarify the point before pertaining to whether or not this was a substantial change. He left it to this Commission to make that decision. Mr. Mayor I ask you as Mayor, is this a substantial change? Mr. Mayor? Is this a substantial change? Mayor Ferre: Mr. Knox gave us a legal opinion, his opinion was that this legislative body would have to define whether or not it was substantial. If you want to out it to a vote I think that can be done and I would certainly vote to say that it is not a substantial change, in my opinion. Mrs. Gordon: Well, that is a point that ought to be resolved. Mayor Ferre: Well, it's going to be a moot point in a moment and I'm going to show you how, but I':n not going to tell you before. Rev. Gibson: Mr. Mayor, in view of the fact that we appointed that committee and the committee, I trust the judgment of the committee. The committee says,well in view of two things prior to this, prior to money, we, the majority of us had agreed to renovate the Orange Bowl, put it in first class shape. Secondly, the committee that we appointed unequivocally said that by a unanimous vote they wanted us to renovate the Orange Bowl and that at no time should the two be together. In light of that I'm willing to trust the judgment of the people based on the fact that this would be made clear to the people and that we are not going to mix apples and oranges and that I have a commitment from two of the Commissioners plus myself, Plummer, can I get a commitment from you on - about this football thing? Mr. Plummer: No sir, you cannot get a commitment because under no circumstances Father do I feel that you can take S15,000,000 and physically restructure that Orange Bowl to put in baseball. Rev. Gibson: No, no, that isn't what I'm saying. Mr. Plummer: If you usedevery penny, he didn't ask you, he asked me, be quite, be quite. Mayor Terre: But you're answering the wrong thing. He's talking about apples, he's talking about oranges. Mr. Plummer: Will you sit your gratefruit back and listen. If you take the $15,O00,000 Father that you're putting in here it will take every penny of that to physically change the Orange Bowl, to make it acceptable to baseball, then you have made nc improvements whatsoever, so no si_, I cannot make a commimnent.- _. Rev. Gibson: No, no, I'm saying would you go along with us to make sure that this bond money, if this bond is voted upcn that we're going to deal with football, not basebal' lard) .. . Mr. Plummer: Strike the baseball. Rev, Gibson; We.11, look, .,,,,, no, no, but you see happen to know that that's t .ng _APR 28t77 r you call, you see, Plummer, doesn't tell you this, but I happen to know there is such a thing as death, you know and resignation, so t'd like for you to , At least t'd feel comfortable knowing that I have four people who is going to say football. Mr. Plummer: well, Father, let me say, my point can't be... can I talk? t can't talk. Mayor Ferret J. L. Mr. Plummer: Yes sit. Mayor Ferret a. L. what the man is asking you is commitment that in a MOtent I'm going to make a motion that football be given preference over baseball end he wants to know if you're going to vote yes or no. Mr. Plummer: Well, football only. Football only, yes. Rev, Gibson: Alright, I want the record to reflect. You have my vote "yes". Mayor Ferre: Alright, Father Gibson► I move you sir, that the following resolution of intent of this Commission be on the record. Plummer.... Mrs. Gordon: Mr. Mayor, would you clarify whether or not this is a legal thing? Mayor Ferret I will in a second, but I want to make sure that we satisfy Father, I made a commitment I'* going to live up to it now. Mr. Plummer? Mr. Plummer: Yes sir► I'm listening, Mayor Ferre: The motion is as follows:that this Commission goes on record in a motion of intent that in the ordinance providing a bond election for $15,000,000 before the -tlectorate on June 7, 1977, it is our intention that if it passes that money be used to improve the Orange Bowl Stadium for the purposes of football, that it shall not have, that at no time can baseball be given preferential treatment over football and that if ever baseball is placed at the Orange Bowl Stadium it is because it can be accommodated by the football schedule or because there is no more football being played in the stadium, Now does that satisfy you? Rev. Gibson: Yes. Mayor Ferre: Alright, I move you that sir. Alright, call the question? MOTION NO. 77-374.1 A MOTION STATING TEAT THE CITY COMMISSION GOES ON RECORD THAT IN THE MATTER OF THE PROPOSED ORDINANCE TO BE PLACED BEFORE TEE ELECTORATE CONCERNING THE ORANGE BOWL STADIUM, TEAT IF THE BOND ISSUE PASSES, THE 15 MILLION DOLLARS IN IMPROVMENTS WILL BE FOR THE ORANGE BOWL STADIUM FOR PURPOSES OF FOOTBALL AND THAT AT NO TLY2 SHALL BASEBALL BE GIVEN PREFERENCE, FUR:'HM STATING THAT IF BASEBALL IS EVER PLAYED IN TF2 ORANGE BOWL STADIUM, IT WILL BE BECAUSE IT CAN BE ACCOMMODATED BY THE FOOTBALL SCHEDULE OR BECAUSE TEMRE IS NO MORE FOOTBALL BEING PLesY= IN TEE ORANGE BCWL STADIUM. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES; Mayor Ferre, Mr. Reboso, and Vice -Mayor Gibson. NCES: Mr. Plummer, and Mrs. Gordon. ABSENT: None. 109 i (See later Resolution), Mayor Ferre: Alright, now.... Mrs. Gordon: I'd like to ask this Commission take a position as to whether or not this is or is not a substantially... is substantially the same as the ordinance passed on first reading? Mayor Ferre: Father Gibson, I move you sir, that this Commission go on record as saying that the changes in effect are not substantial because it is one ... Oh, I'll tell you how we're going to do this, Mr, Plummer, are you going to listen to me for a second? Mr. Plummer. I'm listening. Mayor Ferre: You have always taken a very ... Mrs. Gordon: May I move you that these changes are substantially different than those that were passed on first reading on Monday: Mayor Ferre: But, I got the floor, so how can you make a motion when I'm started to make one and trying to ask Plummer something before I make the motion? You've always told me that once the maority of this Commission takes the position,and you may dis- agree with it, but you'll live with it. )ow the simplest way of doing this so that we don't have any legal problems, you ;snow how we do it, we pass it on an emergency today, which will require four votes and at that point there is no legal questions on it. Mr. Plummer: Mr. Mayor, I've always said that I will abide by the majority and I have always done that and I will always do that if there is no cther way. Mr. Mayor, the City Attorney number one has ruled that this is second and final reading. I'll accept that I don't challenge that... Mayor Ferre: But there is something questions on that. Mr. Plummer: But if there is then pass it on first reading adjourn this meeting and call a special meeting .... Mayor Ferre; Can't do that. Mr, Plummer: You can't? Mayor Ferre: There is some question about it Mr. Plummer, Mr. Plummer: He ruled the other way we could. Mr. Knox: It has to be on a separate day, Mrs, Gordon: If we stay here long enough it'll be midnight, Mr. Plummer: Maurice, I don't have any objections of going on an emergency meeting, it's very well known how I feel and I'll tell you truthfully I think Hose Arden would vote for it ;n the emergency matter". . Mayor re1e; Father Gibson, I move the following ordinance . , ► . 110 APR28107 Mrs, Gordon; Say it again,I didn't hear you. Mr. Plummer: If the majority of this Commission has ruled Rose, Rose has voted on Dinner Key Projects and she and I voted against them, we don't like it, but the majority rules and we're going to do the best we can. Mayor Ferre: Look, the easiest way to clarify any... I'd hate to go through all this trouble and on a little technicality have somebody challenge it in court. Mr. Plummer: Well, you're doing the same thing with an emergency Mr. Mayor. Mayor Ferre: No sir. No sir. That has strong law behind it. I move you Father Gibson, on an emergency basis the following ordinance: An ordinance providing for the holding of a special referendum election in the City of Miami, Florida, on June 7, 1977, upon the quesiton of approving $15,000,000 stadium bonds of said city for the purpose of paying, together with other funds if necessary, the cost of providing a modern stadium designed to accommodate major league football and/or baseball events at the Orange Howl. Om an emergency basis, I move you sir. Mr. Plummer: Oh boy, you're putting me, well...let me think just for a minute. Mrs. Gordon: You want to take discussion on the motion? Ok. I've often heard this Commission say something about the front door and the back door and the side door and if you can't go through one door you try another door. When you have a principle and you believe in a certain thing and Mr. Plummer you have stated your belief time .... Mr. Plummer: Ah, come on Rose, don't lobby me. Mrs. Gordon: No, I'm not egging you on, I'm just reminding you of your strong conviction and I know I'm not going to vote for this emergency ordinance, so that lays the monkey on - your back, but... Mayor Ferre: Have fun, ok, call the question. Mr. Plummer: Well now wait a minute, wait a minute... Mayor Ferre: Now, you know how Rose voted. Mr. Plummer: I know how Rose voted. Look, George, you changed the ruling from the other day? Mr. Knox: No sir. Mr. Plummer: Well, your ruling the other day was that in fact, you could have a first reading, call a special meeting and have a second vote. Mt. Knox: Let me clarify my ruling on the other day. Mr. Plummer; Please do, Mr. Knox: You may have a separate second reading on a separate day that's what the charter provides, Mr: Plummer: What was your ruling the other day? Mgr. Knox; Well, see these weren't the circumstances the other day. Mr. Plummer: Alright, the other alternative, what you're saying is, what you're saying if 1 understand, if you for some reason want to make this a first reading, the wcrst that could happen is we have to come back tomorrow for a second reading? Mr. Knox: Yes, sir. Mr. Plummer: Then I will not vote for the emergency. Mr. "Mayor, I will come back here tomorrow morning if that is the case. Mayor Ferre; r, Plummer; mayor Ferre; I have to catch an airplane. Well, I'll tell you what, I'la. Sit here until ?h, come on, look, forget it. 1,1 Mr. Plummet: Maurice, look, I've expressed to you that have no objections Out I'm not going to let somebody like Rose get up and round on my head, telling me about pr.rc.ple. Now, you know it's just not Tail, t APR 2 81977 Mrs. Gordon: I'm not going to pound your head J, t, I just know you are a roan of principle that's all, Mayor Ferre: Plummer, I'm going to tell you this as far as I'm concerned, I know what he's saying about the law, you and 1 both know that the safest way of making this thing, iron clad legal before a court of law is to pass it on an emergency basis, Now to do anything other than that is to play around, Now the people of Miami are going to make the decision, not you and me, and all I'm saying is by God, don't fool around with the people, if they make a decision, then make it legal, and don't take any chances on playing games here which is, with all due respects to Rose Gordon exactly what she's doing,and forget about all this stuff, Mrs. Gordon: Come I'm playing games? telling you you're you're doing so ., on Maurice, stop making accusations, because I don't agree with you I got as much right to my belief as you have to yours. I'm not playing games, you believe in what you're and I don't believe in what Mr. Plummer: After voting against,how do I tell the public tomorrow morning when they read the paper that it was a 4 to 1 vote? That's my problem. Mrs. Gordon: They'll say your arm got twisted Buddy and you responded, that's what they'll say. Mayor Ferre: You believe that Mr. Plummer: Definitely. Plummer? Mayor Ferre: You really believe that? You know just as well as I do all you're doing now is assuring that if the people of Miami vote for something, that their will will be carried out legally without a subterfuge. Mr. Plummer: I could have voted that in the first instance Maurice.,. Mayor Ferre: No, because the first vote of yours was an expression against the ... what happened, but the majority has not pervailed and all I'n saying is for goodness sakes help us to make this thing absolutely iron clad legal, if that's the will of the people of Miami. You're not going to .make that decision you're only going to cast one out of 30,000 votes. Mr. Plummer: Well, let me ask you this Maurice, what time have you got to be on a plane tomorrow corning? Mayor Ferre: I've got to catch a 9:15 flight for San Juan,Puerto Rico. Mr. Plummer: Alright, can you be here at 8:00 o'clock. Mayor Ferre: I'll be here at 8:00 o'clock. Mr. Plummer: I'll be here at S:00 o'clock. Mayor Ferree To do what? Mr. Plummer: To have your second reading, :low is that perfectly legal? Mr. Knox: Yes sir. Mr. Plummer: Ok, I'I1 be here at 8:00 o'clock. You want to make it 7;30. ='il be here at 7:30. Rev. Gibson: I'll be here at 8:00 o'clock. toss. Gordon: I have to be here at 9:00 o'clock, anyway. Mayer Ferre: Alright, we'll have a second reading on this at 8:00 o'clock tomorrow morning. :Mr. Plummer: Let me state for the cord I don't feel that it's necessary, ok. No one has challenged this as a second reading, except Rose's guesticn. I don't feel that it's necessary. Mayor Ferro: if this thing }asses, if it doesn't Cass it's academic, if i_ ,asses, you know, somebody is going to take it to court and try to challenge it. Mr, Plummer: Mr, :Mayor, if Yc1 feel that a second reading is necessary tomorrow morning 112 APR 281977 I will be here at 8:00 o'clock. Mayor Ferre: Alright, Now, we ►11 announce that we will meet here tomorrow, 8:00 o'clock in the morning to read this on second reading and make sure it's legal, Mr. Plummer: ...., Well, but you see, I'm getting told different stories Maurice, now if you want me to go pull a tape Mr. Knox sat here the other day and said you can take and pass it on a reading, call a special meeting and have a second reading. Mayor Ferre: Alright, what is the legal question so we can get it clarified on the record? Mr. Knox: Alright, our charter provides for the passage of ordinary ordinances there must be a 30 day period before the effective date of the ordinance. Mr. Plummer: Well, let me say this then, ok, exactly what I have been saying under no circumstances will I vote for it, because I think that what we can do is to take ... Mayor Ferre: It's a moot question. Mr. Plummer: No, it's not a moot question, unless you want it to be that way. I think what you can do and I shouldn't be speaking this way, but in fairness I've got to say it, there is no one here who has challenged this as a second reading, am I correct? There is no one here who has challenged this as a second reading. Mayor Ferre: But J.L. that's not the point, The point is why do you want to go through all the motions, have the people of Miami vote for a new stadium and then... Mr. Plummer: I don't them to, that's what I tried to tell you before. I don't want them to vote a new stadium. Mayor Ferre: But the majority of this Commission has voted for it, 3 to 2, and then you're going to put them through all the misery of that and have somebody challenge this in court on some technicality and throw it out and then we got to start all over again and lose .Mrs, Gordon: Mr, Plummer: No, I can't do that Maurice. Mayor Ferre: Ok, alright, that's alright with me and I understand your change of mind and that's acceptable. You have a right to change your mind. Rev. Gibson; Then what will we do? Mayor Ferre: Well, what he's saying is that we're going to jeopardize it legally and I think all you're doing is just playing games because it's just a legal, it's up in the air, and you've got a situation which is not defined, somebody can go challenge it in court and probably knock it out,probably. Well, let's go on to other things. Ns. Plummer: Where are we here, that's what I'm trying to ask. Mayor ?erre: What's that? Mr. Plummer: Where are we right now? Is it going to go to the ballot or not? Mayor Ferre: I think hopefully, it'll go to the ballot, but I think we :night be in a hiatus legally I don't knew, I'm not a lawyer. Sir. Plummer: Well, Mr. Knox, you tell us, it's a legal question. Does this go to the ballot or not? Mr. Knox: As having passed it on second reading as an ordinary ordinance our charter requires a 30 day notice to the public wherein they have an opportunity to exercise their referendum right before the ordinance becomes effective, Now, if this 30 days elapse we also have a requirement for bond ordinances that there be a notice given to the public announcing the election for a period of 30 days. As the ordinance has been passed there :gust be an additional 60 day period before the matter can be placed on the ballot, The election is on June 7th, which is 41 days away. Gordon; Didn't we have the same thing Monday, George :Mayor Ferre; Mr. Knox, i think we got a dead issue here, 1 think we gQt 4 4e44 nsSSie, right? i 113 APR 2 81977 !Erin7..., . _.- Mr, Knox: Yes sir, as far as the election on the 7th is concerned. Hayed.' Ferree There is no other way in which we can pass this unless :,, alright, can we put it on as a straw ballot? Mr, Knox: Yes sir, there are two things that can be done, the ordinance can either be passed as an emergency measure which means it becomes effective immediately, or the question can be placed to the people on June 7th, but it will be necessary subsequent to that election to have another election for the purpose of authorizing a bond issue, Mayor Ferre: Then, all it becomes a straw ballot. Mr. Knox: Yes sir. Mayor Ferre: Alright, so we're back to peg one. I'll tell you what peg one is alright, I understand,,,, Mr. Knox: Now, we did prepare a resolution, which would place the question on the ballot, if we can find it, Mayor Ferre: Father Gibson, I move you sir, that the previous ordinance as passed now be withdrawn so we can start all over again and it's going to have to be on a straw ballot basis. It's almost worthless, but I think we may as well go and find out what the will of the people is and then we'll,,. straw ballot proves what the people of Miami want to do. So, I go back.,. that's right, it's doesn't mean anything. It doesn't have any impact on the bonding capacity of the city, The problem simply is this, we have now passed an ordinance on second reading, which technically is a moot question becuase it doesn't fit the law because we have to advertise for 30 days, so in effect we're in a situation where three of the members of this Commission have voted for something, ok. to put it on ballot on the 7th, but we cannot put it on the ballot because this is technically not the second reading. Mr. Plummer: Well, technically if that is the case the only way that you could've passed it frcm the beginning was an emergency. Mayor Ferre: That's correct, but when we asked that legal question the first time around... Mr. Plummer: That wasn't the answer. Mayor Ferre: That's correct, and then subsequent to that,when there was some questions brought out on it under discussion now the problem is that the only way this can be done is evidently under an emergency nature, Now since we can't do that then the whole thing is a moot question, so it's meaningless, because by the time we read it on second readies it's beyond June 7th, so therefore it can't go on the June 7th as a bond issue questio: the only way... Mr. Plummer: Maurice, let me just for the record explain if nothing more than to you, the first motion which I voted on was not to offer it to the public because I didn't think that it was a good deal. Now if I vote for it on an emergency basis then I'm still offering it to the public and I don't feel that it's a good deal. Mayor Ferre: Great, you've already said that. Mr. Plummer: See, but the point that I understood the other day cf the ruling of Mr. Knox was that you could have the first reading, adjourn the meeting and have a second reading immediately. Mayor Ferre: As he looked into it further... Mr. Plummer: No one told me that. Mayor Ferre: But he said it now, which is the point, Mr, Plummer: Well, then the point is moot as you said. Mayor Ferre: Alright, so let's not waste anymore time on it. Aright, now, so therefore. I move you rather Gibson, that a resolution, the following resolution, a resolution providing for the holding of a special referendum election in the City of Miami, Florida, on June 7th, upon the question of approving an expenditure of an aggregate principal amount not to exceed $15,000,000 plus interest, from ad valorem taxes over a period not to exceed 25 years, for the purpose of improving and rebuilding the Miami Orange 3owl Memorial Stadium at its present site in order to provide a major league foothall 11.4 APR 281977 dfd/ot basebail stadiuftt and all facilities attehdant thereto; Mr& Planer: You don't heed a second reading oh a resolution tight? Mayor tette: Alright, so I Move that resolution, AtV. Gibson: Alright, do 1 hear a second? Alright this is a resolution being sedohded by Commissioner Reboson, Under discussion, Alright, call the toll: The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 77y374-"B" A RESOLUTION PROVIDrNG FOR THE HOLDING SPECIAL REFERENDUM ELEECTIONIN TOA HE CITY OF MIAMI, FLORIDA, ON JUNE 7, 1977, UPON THE QUESTION OF APPROVING AN EXPENDITURE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000, PLUS INTEREST, FROM AD VALOREM TAXES OVER A PERIOD NOT TO EXCEED 25 YEARS, FOR THE PURPOSE OF IMPROVING AND RE- BUILDING THE MIAMI ORANGE BOWL MEMORIAL STADIUM AT ITS PRESENT SITE IN ORDER TO PROVIDE A MAJOR LEAGUE FOOTBALL AND/OR BASEBALL STADIUM AND ALL FACILITIES ATTENDANT THERETO. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mayor Ferre, Mr. Reboso, and Vice -Mayor Gibson. NOES: Mrs. Gordon, and Mr. Plummer. ABSENT: None. Mr. Plummer: It will be on the ballot in the form of a straw vote. Mayor Ferre: That's all it is. Mr. Plummer: An opinion vote, I don't like the word straw. Is that correct? Mr. Ongie: 24r. Mayor, are we going to let the ordinance stand? Mayor Ferre: No, Now I move you Father Gibson, that the previous ordinance that was passed on this item as read be reversed. Rev. Gibson: Alright, do I hear a second? Mayor Ferre: Alright, be reconsidered, be brought up for rec... actually that takes two votes, why don't we just reverse it? Is that good enough for you? Mr. Ongie: Well rescind it, that's all. Mayor Ferre: Rescind it. Mr. Ongie: Rescind it. Mayor Ferre: Is that alright Mr, Knox? Rev. Gibson: Alright, the motion is that the previous... Mr. Ongie: Ordinance. Rev. Gibson; Ordinance be rescinded. Discussion? Alright, call the roll, The following motion was introduced by Mayor Ferre, who moved its adoption MOTION NO. 77-375 A MOTION TC RE$C=ND o iDINANCg NC, ?646 (ORAN= EQWL Wg5TIQN) PA,SaEA ANP ADOPTED TN;$ PAT", 115 APR 2 81977 Mi • • Upon being seconded by Coin►t'ssioner Reboso, the motion was passed and adopted by the following vote: AYES: Mayor Ferre, Mrs. Gordon, Mr. Plummer, Mr, Reboso, and Vice -Mayor Gibsdh4 .NOES: None. ABSENT: None, 29, AWARD BID: HEAVY EQUIPMENT SERVICE FACILITY PROJECTS: Al FUELING STATION; $) AUTO POUND RELOCATIONI Mayor Ferre: Take up item 36e ratifying and confirming the action of the City Manager in accepting bids and executing the contracts for construction of the Heavy Equipment Service Facility Projects with Hills Concrete & Construction Company in the amount of $431,000 for Bid "A". Now,are you here as an objector? Mr. Williams: No, I just have a question. Mayor Ferre: Alright, item 36. Mr. Williams: My name is Willie Williams, I haalorida Corporation which is William Fencing Co.. 1 bidded prior to the bid that went in on the Auto Pound relocation. I bidded through Duffey Construction Co. I think he arrived at his figure to get the Auto Pound by using my figure upon relocating the Auto Pound. I think the contract has been awarded to Duffey Construction and I think I called on Mr. Duffey Construction to ask him about the fence contract. He tells me that he had also contracted this out to another construction company, which is Marks Brothers. I got a call from Marks Brothers this morning to offer me the contract for considerly �. less amount than I bid it. I'd like to know who I'm supposed to do business with iifgy Construction Company.or Marks Brothers. After he subcontracted it out to someone Air. Grassie: I wonder Air. Mayor, whether we could give a little clarification. I'd like Vince Grimm to speak to this. Mr. Grimm: Mr. Mayor, if I may ask Mr. Williams are you the listed sub -contractor in Duffey's contract documents? Air. Williams: Yes. Mr. Grimm: Duffey has listed you formally in the bid that he submitted to the city? Mr. Williams: Yes sir. Mr. Grimm: Mr. Mayor and members of the Commission, any bid submitted to the city cannot be changed without the city's approval. Any listing of subcontractors that are submitted by the bid cannot be chanced without the city's approval. Mr. Williams: Well, that's the answer to my question. I just wanted that read into the record in case that I didn't get the contractor because I couldn't take the contract from the subcontractor for a consider less amount that's what I* wanted to know. Mr. Grimm: I want to make sure so that the Commission doesn't misunderstand me that I am accepting Mr. Williams word that Mr. Duffey or Duffey Construction Company listed them in the proposal that they submitted to the city, if that's the case that cannot be changed without our approval. The city is not authorizing, you are not authorizing by your action us to enter into a contract with Marks Brothers. We are entering into a contract with Duffey Construction(period). Mr. Williams: That's the way I understand and that's the answer that I wanted to question. Thank you. Air. Grassie: He is the listed subcontractor. From what he has said he is the listed subcontractor and he is the one with whom the city would be doing business through the general. You know we deal with the general. Mayor Ferre: So what do you di-)-Yr. Manager? Grassie: I think that he is satisfied and I would recommend that you approve t.he... Mayor Ferre; Alright, s that ok with you? Mr. Williams;Yee, Mayor Ferre: AnyOo4y else want to speak to that? Alright Father Gibson moves item i1' J6. P1u Ytei`r seconds. Is there further discussion on it? Mr. Pluittnet: I'm sorry, Mr} Grassie I have no objections so that we get the record fully straight. I have no objections to the Auto Pound going under the I4136, what I got great objections to is the price that I saw this morning to do it► I'm going to tell you something that price to me lookscompletely out of line. Unless you're going to ...don't let me make a joke, Mr. Grassie: Mr. Plummer, let me add, we're concerned about that too, but I want to tell you that there's over $100,000.00 worth of items in that contractfor security alone, television and things of that nature. Now, let me tell you what we're going to do, we've awarded the contracts with strings attached. Mr. Plummer: Vince, let me ask a question. Do you have security other than the man in the cage now where it is? Mr. Grimm: No,sir. Mr. Plummer: Well, now, let's be fair. Mr. Grimm: This is to avoid having a man in the cage Commissioner. This is so we can tie this into the monitoring system that the Police Department already has in there headquarters building. Mr.Plummer: Joe, what was the price I saw this morning $392,000? Mr. Grimm: No the price you see is $286,000. Mr. Plummer: Is that for the Auto Pound? Mr. Williams: That's right. It's $286,787. Mr. Plummer: I'm between the stone and the hard plate, if I say no I put your grant in jeopardy. Mr. Grimm: You not only put it in jeopardy, you wipe it out. Mr. Grassie: You know, you should be satisfied about whether this is reasonable. It is the request bf the Police Department that we go to this kind of a system. Now, we're talking about using if we have to including using police bond funds to pay for the security part, basically for their convenience. Mr. Plummer: I don't want to do that Joe. Mr. Grassie: We don't have to put a person out there. Mr. Plummer: See, I have not plot plan, I don't know if you're including one block or two blocks. I know we make $70,000 a year out of the pound, roughly. You're talking abcut four years... Mr. Grassie: You want a plot plan J.L., we have one right here. Mr. Plummer: Alright, ok, go ahead. Call the roll. Mayor Ferre: Thank you. Call the roll please. The following resolution was introduced by Vice -Mayor Gibson, who moved its adoption: RESOLUT_CN NO. 77-376 A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE EIDS AND EXECUTING THE CONTRACTS FOR THE CCNSTRUCTION OF THE HEAVY EQUIP- MENTE SERVICE FACILITY PROJECTS WITS HILLS CCNCRETE AND CCNSTRUCTION CO., INC. IN THE AMOUNT CF $431,000 FCR BID "A" - FUELING STATION; AND DU'FEY CCNSTRUCTION CO., INC. IN THE AMCL'?TT OF $286,787 FOR BID "3" - AUTO POUND RELOCATION, WITH FUNDS THEREFOR TO BE EXPENDED FROM TITLE I FUNDS FROM THE U . S . DEPARTI NT CF CCMMERCE THROUGH ECONOMIC Dr lEI.:.PMENT ADMINISTRATION PURSUANT TC GPA::T DATED JANt RY 27, 197 (Here follows body of resolution, omitted here and on file 44 the Office of the City Clerk') 117 APR 281977 Upon being seconded by Coth1IUssionek P1uth ef, the resolutioh we§ Paa§ed mod' adopted by the followit dote: A`SII g: ke+i. Gibson, Mt, Plu stet, Mt, kebdeo, and McYot refte. NOtt: Mts. Gordon AB : None. ON ROLL W..: Mr, Plummer: f vote "yet" and let the red reflect 1 taw the plot pig, 30. DEFERMENT OF CONSIDERATION OF FIRST READING ORDINANCE TO AMID SECTION 64-4 ENVIR EITAL PRESERVATION REVIEW BOARD (CHANGING NUMBER OF VOTES REQUIRED). Rev. Gibson: Item 416 please. Mayor Ferre: Who movesit, on item #16 Mr. Manager, you were going to explain, Mr. Grassie we're on item 16, this morning we held it up because Mr. Plummet wanted more information on it, now would you submit it so we can vote on it. You're recommending it. Plummer, asked you what was the purpose of it. Mr. Grassie: I must confess that this came to me as a recommendation of Bob Davis. I understand that it has been discussed by the Board and that .they concur that this will improve their administrative process. Mayor Ferre: Let Mr. Bob Davis come and explain it.... Mrs. Gordon: Have it deferred. Mayor Ferre: Alright Mrs. Gordon moves deferral. Father Gibson seconds. Call the roll. A motion to defer this matter was passed and adopted by a unanimous vote of the Commission. 31. FIRST READING ORDINANCE: AMEND RULE VIII, SECTION 9 AND RULE XIII, SECTION 2, CIVIL SERVICE RULES AND REGULATIONS. (FIRE FIGHTERS) Mr. Grassie: These rule changes make the Civil Service Rules conform with provisions of the existing labor contracts. The purpose is simply to make the two documents not be in conflict. Mrs. Gordon: Ok. Is there a member here representing the union ... so I assume items ok with them. Rev. Gibson: Alright, call the roll please. Mrs. Gordon: You got to read the ordinance first. Rev. Gibson: Oh, I'm sorry. *Ordinance read into the record, later adopted. Mrs. Gordon: Ok, who is going to move the second? I., moved Mr. Plummer: What item? Rev. Gibson: Number 17. Mr. Plummer: You need a second? Rev. Gibson: Yes. Mr. Pi 1 comer; I second it. Rev. Gibson; alright, call the roll please, 118 APR 2R1977 AN ORDINANCE ENTITLED=+ • • AN ORDINANCE AMENDING RULE VIII, Section 9 and amending Rule XIII, Section 2 OF t E 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 PROVIDING THAT, WITH REGARD TO THE SAID RULES, EMPLOYEES IN THE INTERNATIONAL ASSOCIATION OF FIRE FIGHERS BARGAINING UNIT MAY BE ASSIGNED WORK OUT OF THEIR CLASSIFICATION ACCORDING TO THE PROVISIONS OF THE CURRENT LABOR AGREEMENT; FURTHER AMENDING SECTION 3, PARAGRAPH h, AND SECTION 5, PARAGRAPH g, OF RULE XIX OF SAID RULES AND REGULATIONS BY PROVIDING THAT, WITH REGARD TO SAID RULES, EMPLOYEES IN THE FRATERNAL ORDER OF POLICE BARGAINING UNIT MAY BE GRANTED TIME OFF WITH PAY UNDER THE PROVISIONS STATED IN THE CURRENT LABOR AGREEMENT; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Gordon and seconded by Commissioner Plummer and passed on its first reading by title by the following vote- AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Mayor Maurice A. Ferre Vice -Mayor (Rev.) Theodore R. Gibson NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8589. 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. 32. DEFERMENT OF CONSIDERATION OF AGREEMENTS FOR FOOD CONCESSION STANDS IN CITY PARKS . Mayor Ferre: Item #22. A resolution authorizing the City Manager to enter into concession agreements for the operation of food concessions in the parks without advertising for competitive bids. The Manager recommends. We have a memo on that which is self explanatory. Anybody have any questions on it? Mrs. Gordon? Mrs. Gordon: Is that ok with you, I mean, isn't that rather unusual? Mayor Ferre: Yes, but the circumstances are explained,... Mrs. Gordon: I mean you might just get one bid, but on the other hand you would have advertised for those bids and given people an opportunity to know that you were searching for bidders. I kind of don't like the idea of by-passing the bidding process: Very frankly, I don't like... Mayor Ferre: Mr. Howard, you want to defend it or... Mr. Grassie: Frankly, if the City Commission has any reservations about this, you know, I'rn not interested in having you adopt it. It comes from the Parks Department, simply as I understand to facilitate their process. If anybody has any question about it, you know, ... Mrs. Gordon: T_ have a question... Mayor Ferre: Mrs. Gordon moves that it be deferred. Father Gibson seconds. Further discussion. Mr. Grassie: Deferred or do you want us to forget it? Mayor Ferre: Look, if you want to think it over and cone back some other time.,. Mr. Grassie: No, all I'm asking is do you want us to kill or do you want you tQ simply bring it back; Mrs. Gordon; Wait for the next meeting.,. we've had more time to,.. Mayor Ferrs: The motion is to defer it, there's a second,fort:er diseoussion. Cal; the ro11 for deferral, 119 APR 281977 Mummer: Wait a Minute, What t s the pfobleft? Mayor `etie: The probiet is that there is some questiOna oil it and flm slot about to heat they to call the question oh deferral: Mt: Plummer: Alright. *A Motion to defer this matte' to the next meeting Was passed aJ' d adopted by a unanimous Vote of the Confmission. 33. ACCEPT COMPLETED WORK ELIZABETH VIRRIQK PARK - BASKETBALL COURT -176 Mayor Ferre: Mrs, Gordon cloves Elizabeth Virrick Park and Father Gibson seconds. Anybody disagreeing? Manager recommends. Call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-377 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY J & J ENTERPRISES AT A TOTAL COST OF $11,068 AND AUTHORIZING A FINAL PAYMENT OF $1,591 FOR ELIZABETH VIRRICK PARK - BASKETBALL COURT - 1976. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor (Rev.) Gibson, the resolution was passed', and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. 3, ACCEPT COMPLETED WORK - CENTRAL DRAINAGE PROJECT E 37: Mayor Ferre: Reboso moves 24, the Manager recommends, Plummer seconds. Accepting the completed work on the Central Drainage. Call the roll. The following resolution was introduced by Commissioner Reboso, who :roved its adoption: RESOLUTION NO. 77-378 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY DICK MCRTON, INC. AT A TOTAL COST OF $71,167.33 AND AUTHORIZING A FINAL PAYMENT OF $6,244.63 FOR CENTRAL DRAINAGE PROJECT E-37. (Here follows body_ of resolution, omitted here and on tie 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 Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner 7, L, Plummer, Jr, Mayor Maurice A. Ferre NCSS : None, 120 APR 281977 3S1ACCEPT etIft.rIn WORK! DRAINAGE PROJECT Amei NOES: None. May6i-Pefre: Roje ddtd6hribvei 2, Father dibtdh ateohda# Maha4ef feeemmehda afteptibq the eftpiete work oh another and Of those dtaihalep Po6. dall the rbilt the fallowing resdltitidh was introduced by Cdmatissiohet Gibtddh, who toted it a adoptidh: RESOLUTION NO. 71-379 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY DICK MORTON, INC,, AT A TOTAL COST OF $41,087.82, AND AUTHORIZING A FINAL PAYMENT OF $4,135.78 FOR DRAINAGE PROJECT A-6. (Here follows body of resoltion, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor and adopted by the following vote - AYES: Vice -Mayor (Rev.) Commissioner Rose NOES: NOne. (Rev.) Gibson, the resolution was passed Theodore R. Gibson Gordon Commissioner J. L. Plummer, Commissioner Manolo Reboso Mayor Maurice A. Ferre Jr. 36. ACCEPT COMPLETED WORK: MORNINGSIDE PARK - BOAT RAMP EXTENSION - 1976. Mayor Ferre: Plummer moves 26, Reboso seconds. Manager recommends Morningside Park. Call the roll. The following resolution was introduced by Commissioner Plutmer, who moved its adoption: RESOLUTION NO. 77-380 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY EBSARY FOUNDATION CO. AT A TOTAL COST OF $49,651 AND AUTHORIZING A FINAL PAYMENT OF $4,965.10 FOR MORNINGSIDE PARK - BOAT RAMP EXTENSION - 1976. (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 Rose Gordon Commissioner J. L. Plummer, Jr Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R, Gibson Mayor Maurice A. Ferre APR 281g77 37, Dennm, OF CoNt1fE AttbN OF ACMPTANCE OF PLAT - YANIPA STBDIVISICN. Mayor terra: Reboso moves 27, MI'S. Gordon: I'm going to ask that this be deferred. Mr, Mayor... I just waht to expiaih why. When we received a plat, 1 want to receive the plat of a copy of it and if it's in the book and I haven't seen it, correct me and I'll look. Mayor Ferre: Yes, it's in your book and here it is, Here is my copy of it. Mrs. Gordon: Not this Maurice this is not a plat as being platted or ... Mayor Ferre: 0h I see, ok. I get your point, She's right this is not a plat technically, it's not a copy of the plat. Mrs. Gordon: This is a page out of the zoning book, that's not ... Mayor Ferre: Alright, item 27 is deferred until a request is made, until the request that Mrs. Gorden has is made , Father Gibson seconds. Call the roll on deferral. *A motion to defer this matter was passed and adopted by a unanimous vote of the Commission. 38. REQUEST PLANNING DEPARTMENT TO NOTIFY NEIGHBORS AND FURNISH COPIES OF PLAT PRIOR TO PLATTING PROCEDURES, Mrs. Gordon: May I make a motion just to instruct the Planning Department that in the future whenever there are plats that the following things be done? That neighbors be notified of the plat, they they be furnished with the proposed plat, that we be furnished with the proposed plat prior to the time of the meeting. Mayor Ferre: Alright moved by Mrs. Gordon, seconded by Commissioner Reboso that this information be provided. Do you have any disagreement with that? Mr. Grassie: I think that that sort thing Mr. Mayor needs to be if you want it to be city policy, it needs to be recorded as some kind of a policy statement, we need to think about it a little bit. When you talk about neighbors ere you talking about within 500 miles or just adjacent .. these things need to be clarified? Mayor Ferre: Ok, Rose, would you do it this way that you send it to the ... Mrs. Gordon: It's just a motion, not a resolution. Mayor Ferre: Now follow me, that this motion be addressed to the City Manager that he come back with a specific recommendation to be discussed and voted on. Mrs. Gordon: Ok, fine, I'll move it that way. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 77-380.1 A MOTION DIRECTING THE CITY MANAGER TO REQUEST TEAT THE PLANNING DEPARTMENT FCLLCw THESE PROCEDURES CONCERNING PLATTING OR REPLATTING CF PROPERTIES: (a) THAT ALL AFFECTED NEIGHBORS BE FURNISHED COPY CF PLAT (b) THAT ?EMBERS OF THE CITY COMMISSION BE FURNISHED COPY OF PLAT (c) THAT AFFECTED NEIGHBORS BE NOTIFIED IN ADVANCE OF PLATTING CR REFLATTING REQUESTING THE CITY MANAGER TO STUDY THESE PROPCSALS AND RETURN TO THE CITY COMMISSION WITH Ii:S RECOMMENDATION AT A FUTURE DATE. Upor. being seconded by Commissioner Reboso, the motion was passed and adQpted by the fol.'.owtng vote: AYEtS; Kra, Gordon, M_. Reboso, Rev. Gibson, and Mayor Ferre NOES; None, ?.,3SENT; Mr, Plummer, 122 APR 281977 r $0, QUIT CLAIM :PROPERTY LYING 1N PQMONA i HayOrPetra: take tip 29 # a resolution authofiiing the Mafia/er t 5 tfahsfef a Quit Claim bee& the Mahar of recOMMends. Any questions on that one? Father dibthh MoVee. Reboso seconds. Further: discussion Call the toll. The following resolution was introduced by Vice' -Mayor Oibsoh, who MoVed its adoption: RESOLUTION NO. 77-381 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER BY QUIT -CLAIM DEED, THE FOLLOWING DESCRIBED PARCELS .or REAL PROPERTY BELONGING TO THE CITY OF MIAMI: TO `hTIT: TO MS. MARTHA H. SHEPARD THE EAST 1 OF LOT 26; TO MS, DELORES B. P.:' MAN THE EAST 1 OF LOT 27; AND TO MR. DAVID F. ROBERTSON THE EAST 1 OF LOT 52, EACH PARCEL CONSISTING OF 3,526.25 SQ.FT., ALL LYING IN THE POMONA SUBDIVISION AS RECORDED IN PLAT BOOK 16 AT PAGE 75 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SUBJECT TO A PERPETUAL UTILITY EASEMENT IN AND TO THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso,the resolution was passed and adopted by the following vote - AYES: Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Mayor Maurice A. Ferre NOES: None. ON ROLL CALL: Mrs, Gordon: Just a slight question and that is to find out why are these parcels being transferred to these people? Mayor Ferre: If you look at your packet, the description is as follows: On July 31, the Commission did, by Resolution authorize the Manager to transfer a Quit -Claim Deed, a certain piece of property blonging to the City. This property described as Brooker Street extended, is a 25' strip, with the southern boundaries running from the North 1 of Loquat and so on. This property was Quit -claim Deeded to the City on January 25th. Mrs. Gordon: Ok, that's enough. Mayor Ferre: It's all in there. It's very... Mrs. Gordon: Ok. Let's move. 40, CLAIM 1711rr: f1ARL ENE AND RODOLFO VAzauE_, Mayor Ferre: Take up item #30, the City Attorney recommends directing the Director of Finance to pay claim of Marlene Vazquez and Rodolfo Vazquez, and their attorney Carlos Lidsky, $9,500 and $2,165.11 to Lumbermen's Casualty and so on. Anybody have any questions on it? Reboso moves. Gibson seconds. Further discussion. Call the roll, The following resolution was introduced by Commissioner Reboso, who moved its adoption; APR 281977 saLtYttoN MO, 7'7.'152 A AnOtUtfott AUT oPI2ING Tlit =ECM OF PING O2 TO PAY TO MARLENE VAzQUE2 A1D RobOLrO VAzQtfEz, RER HUSBAND, AND THEIR ATTORNEY, CARLOS LIDsit?, W MftbUT THE ADMISSION OF LIABILITY, tit SUM or $9,5Ob,OO IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, LOSS OF USE, AND AUTOMOBILE COLLISION DEDUCTIBLE CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, AND TO PAY TO LUMBERMEN'S MUTUAL CASUALTY COMPANY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $2,165.11 IN FULL AND COMPLETE SETTLEMENT OF THEIR PERSONAL INJURY PROTECTION LIEN ANT COLLISION SUBROGATION CLAIMS AND DEMANDS AND THEIR PERSONAL INJURY PROTECTION LIEN CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resolution was passed and adopted by the following vote - AYES: Vice-Mayor(Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Mayor Maurice A. Ferre NCESr None. 41. CLAIM SETTLEST: ROBERT A. AND VICKIE JACOBS§ Mayor Ferre: Take up item 31, authorizing the claim of Robert Jacobs and so on. The attorney recommends. Father Gibson moves. Reboso seonds. Further discussion. Call the roll. The following resolution was introduced by Vice -Mayor Gibson, who moved its adoption: RESOLUTION NO. 77-383 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO RCBERT A. JACOBS, VICKIE JACOBS, AND THEIR ATTORNEY, KERMIT G. KINDRED, WITHOUT THE ADMISSION OF LIABILITY, TF2 SUM OF $2,272.99 IN FULL AND COMPLETE SETTLEMENT OF A PROPERTY DAMAGE CLAIM AND DEMAND AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM THE PRCPERTY DAMAGE CLAIM AND DEMAND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was and adopted by the following vote - AYES; Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferr.e NOZ$ None, 124 passed APR 2S 1A77 • r� 421 AWARE FEE SINGLE fits TO PROPERTY P R LATIN C VI`Y RIVE PA�CI Mayor Ferre: We are now On Latin Cottmunity RiVerfront Park, the manager and the City Attorney both recommend, Commissioner Reboso moves, Father Gibson seconds, Any discussion on item 32 as recommended by both the Manager and the City Attorney? Call the roll, Mrs. Gordon: I'm not forcing this, I just want to know is this one of the ones that Went to the condemnation process or is this a negotiated one or What? Mr, Grassie: NO. Mayor Ferret The city is now ready to begin construction of the park pending the acquisition of the remaining property, therefore; both the City Rttorney's Office and the Manager Office are recommending a resolution attached to which authorizes the purpose or condemnation of the remaining parcels, that's what we're doing. You saw this morning that the money was earmarked and provided for and all we're doing is following up on it. Any other questions on it? Call the roll. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-384 A RESOLUTION FINDING AND DETERMINING THE PUBLIC NEED AND NECESSITY FOR ACQUIRING THE FEE SIMPLE TITLE TO CERTAIN PROPERTY DESCRIBED HEREIN TO BE USED FOR PUBLIC PARK AND RECREATIONAL PUR- POSES FOR THE LATIN COMMUNITY RIVERFRONT PARK AND DIRECT:NG THE CITY LAW DEPARTMENT TO INSTI- TUTE AND PROSECUTE TO A CONCLUSION ALL OF THE NECESSARY LEGAL ACTIONS TO ACQUIRE THE FEE SIMPLE TITLE TO THIS PROPERTY AS SOON AS IT IS LEGALLY POSSIBLE, INCLUDING THE FILING OF A DECLARATION CF TAKING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 43, APPOINT REPRESEITATIVE AND ALTERNATE TO t DE COUMIY LEAS OF CITIES. Mayor Ferre: Who is going to be our representative for the Dade County League of Cities? Rose, you're our delegate to the Dade League of Cities, ok? Mrs. Gordon: Yes. I'm a delegate and I'm serving as treasurer. Mayor Ferre: Who wants to make the motion? J.L. Plummer moves. Reboso seconds. Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who roved its adoption: RESOLUTION NO. 77-385 A RESCLUTICN APPOINTING RCS_ GCF.DON Aa THE CITY CF MIAMI'S VOTING DELEGATE AND AS THE CITY Cr MI MI' S ALTERNATE DELEGATE TO THE DADE COUNTY LEAGUE CF CITIES. 125 Ante 0 0 /� 1 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) OpOh being seconded by Commissioner Reboso, the resolution was pasted and adopted by the following voted. AM: Commissioner J. L. Plummer, Commissioner Manolo Reboso Vice-Mayor(Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre Jr. N0t8: gone. 144, EFERINCY ORDINANCE: EXPENDITURES FOR LATIN AMERICAN TRADE EXHIBITION. Mayor Ferre: -Item 35, emergency ordinance, City Manager recommends, an account for Latin American Trade and so on and so forth. What is that? Mr. Plummer: All I want is an assurance from the Administration that none of these expenses run us beyond the 15th of June. Mr. Grassie: That they be made prior to the 15th of June. Mr. Plummer: No, no, not the expenses be paid prior to, the understanding that I had the other day... Mr. Grassie: That we not incur expenses that would... Mr. Plummer: Carry us beyond the 15th of June. I'm looking at contractual services.. Mayor Ferre: Let's go, come on, vote for or against... Mr. Grassie: Well, with the understanding that the limit is not.the date as much as it is the $75,000, we're not going to commit you for more than $75,000. Mayor Ferre: That's correct. Mrs. Gordon: We agreed to that. Mayor Ferre: That was the motion. Alright, Father Gibson moves. Reboso seconds. Read the ordinance. Mr. Knox: Read the ordinance into the records. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE PROVIDING FOR CERTAIN EXPENDITURES IN THE ACCOUNT - LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND; SAID REVENUES TO BE RECEIVED FROM THE CONTINGENCY FUND IN THE AMOUNT OF $75,000; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVER - ABILITY CLAUSE. Was introduced by Vice -Mayor Gibson and seconded by Commissioner Reboso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.)Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Vice -Mayor Gibson and seconded by Commissioner Reboso, adopted said ordinance by the following vote- AYES: Commissioner Rose Gordon Commissioner J. L. Plumper, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibsor. Mayor Maurice A. Ferre NOES; None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8646, 126 APR 2 81977 0 451 AUTHORIZE Ctw MANAGER TO ENTER INTO AN AGREEMENT! - CONCERTS) INC., FOR Use or ORANGE BOWL STADIUMi Mayor Ferrel Now on 35,1 the Manager teasohable and I hope we make some money thing , does somebody want to Move it? Mr, Plummer: Mayor Ferre: Mrs. Gordon: I'll move it, Plummer moves it, Seconded. reconm ends, l read the contract, it seeiffs very out of it, i like it, its a We 1 proteoted Mayor Ferre: Gordon seconds it. Further discussion, Call the roll, The following. resolution was introduced by Commissioner Plummer, wtio moved its adoption: RESOLUTION NO. 77-386 A RESOLUTION AUTHORIZING THE CITY :'TANAGER TO EXECUTE AN AGREEMENT WITH CONCERTS, INC. FOR THE PURPOSE OF PRESENTING A DISCO -ROCK CONCERT AND FIRE -WORKS DISPLAY AT THE ORANGE BOWL STAD- IUM ON JULY 3, 1977 IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED 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 J. L. Plummer,Jr. Commissioner Manolo Reboso Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 46, AWARD BID: DEMOLITION FOR CONSTRUCTION LITTLE RIVER MINI PARK Mayor Ferre: Item 37, the Manager recommends. This is a project of building demolition of Little River, northwest corner ... Moved by Big Chief,Plummer and seconded by Reboso, further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-387 A RESOLUTION ACCEPTING THE BID OF BIG CHIEF,INC. IN THE AMOUNT CF $12,956 FOR THE LITTLE RIVER MINI PARK - BUILDING DEMOLITION; ALLOCATING THE AMOUNT OF $12,956 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING FRCM SAID ACCOUNT THE AMOUNT CF $350 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. ;Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Reboso, the resolution adopted Cy the follwigng vote- AySS; Commissioner Manolo Reboso Commissioner Rose Gorden Vice Mayor(Rev.) Theodore R, Gibson Commissioner J. L, Plummer, 4, Mayor Maurice A. ,Ferre was passed ;,iOrg Note. and _ '7 Anti a ia717 471 ACCEPT BID! RtROOFIN6 OF BATHHOUSE Al' EDISON PARK Mayor Pate: Mee dOtdoh PadVet the Bathhouse reroofing, Seconded by Father dibUin. The Manager tecOMmehds. FUrther discussion on the Bathhouse reroofifg. that'd the dwiMrtinq pool at Edison Parkek. Cali the roll. The following resolution Was introduced by ComMistionet Gordon, who moved it adoption: RESOLUTION NO. 77-388 A RESOLUTION ACCEPTING THE BID OF oEENOUR ROOrING SHEET METAL & SUPPLY CO. IN THE PROPOSED AMOUNT OF $5,700 FOR THE EDISON PARK BATHHOUSE REROOFING. 1977: WITH FUNDS THEREFOR PROGRAMMED AND BUDGETED UNDER THE "COMMUNITY DEVELOPMENT PROGRAM"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and dn file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 48, ACCEPT BID: CYPRESS MULCH M ayor Ferre: Rose Gordon moves the Bayfront Park Beautification. Gibson seconds. Further discussion. Manager recommends. Call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-389 A RESOLUTION ACCEPTING THE B/D OF WENDELL BUTLER SUPPLY FOR FURNISHING 1,000 CUBIC YARDS OF CYPRESS MULCH FOR THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL COST OF $8,950.00 ALLOCATING FUNDS FROM THE BAYFRONT PARK BEAUTIFICATION PROJECT X FUND: AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS MATERIAL. (Here follows body of resolution, omitted here and cn file in the Office of the City Clerk.) UpOn being seconded by Vice -Mayor Gibson, the resolution was passed and adopted hy the following vote- , AYES: Commissioner J. L. Plummer, Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre $0;S; Nona, . 9 '421 AWARD BID; BEARD A FOR PAYfRONT PARK (97 MUNI FEET)1 Mayor Petra: PiumMet motes the Bayfro it Sod, Reboso seconds: Hamer redotimendS, PUrther discussions Cali the roll, The following resolution was introduced by Cbnu istioher Plummer, who Moved its adoption: RESOi.UTIoN NO. 77=390 A RESOLUTION ACCEPTING THE BID OF SOUTHERN TURF NURSERIES FOR FURNISHING 97,000 SQUARE YARDS OF BERMUDA SOD FOR THE DEPARTMENT OF PARKS AND REC- REATION AT A TOTAL COST OF $8,730.00: ALLOCATING FUNDS FROM THE BAYFRONT PARK BEAUTIFICATION, PHASE I, TITLE X FUND• AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS MATERIAL. (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: Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. _ Commissioner Manolo Reboso Mayor Maurice A. Ferre NOES: None. 50. AWARD BID: CENTRAL HIGH PRESSURE STEAM CLEANERS FOR DEPARTMENT OF PUBLIC PROPERTIES. Mayor Ferre: Take up Item 41, furnishing a two high pressure steam cleaner. Plummer moves that. Gibson seconds. City Manager recommends. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-391 A RESOLUTION ACCEPTING THE BID OF CECO CHEMICAL MANUFACTURING FOR FURNISHING TWO HIGH PRESSURE STEAM CLEANERS FOR THE DEPARTMENT OF PUBLIC PROPERTIES AT A TOTAL COST OF $5,778.00; ALLOCAT- ING FUNDS FROM THE 1976-1977 FISCAL YEAR BUDGET: AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resolution was classed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: ;None. 129 APR 28 a77 r .i AwARD BIM ONE DIESEL ENtINE FIRE DepAn'ICdVI i The following tee61ution was introduced by Commissioner Plummefi who moved ite adoption: RESOLUTION NO, 77=392 A RESOLUTION ACCEPTING 'rUE Sib OF KEY POWER S sTEM , INC. FOR FURNISHING ONE DIESEL ENGINE FOR THE DEPARTMENT OF FIRE AT A COST OF $6,195.00; ALLOCATING FUNDS FROM THE GENERAL FUND -CAPITAL OUTLAY-1976-1977 FISCAL YEAR BUDGET AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER 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 Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. 52. CONFIRMING RESOLUTION: URGE STATE AND METRO TO PARTICIPATE IN DEVELOPMENT OF BICENTENNIAL PARK, Mayor Ferre: Rose Gordon moves Item 43. Father Gibson seconds. Further discussion on the resolution. Call the roll. Plummer moves, Rose Gordon moves, everybody moves, let's move it. Mrs. Gordon: I just wanted to make you aware that we changed the name so let's put it in this resolution. Mayor Ferre: To the New World Center- Bicentennial Park. Mrs. Gordon: .... Park, I moved it. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-393 A RESOLUTION URGING THE STATE OF FLORIDA AND METROPOLITAN DADE COUNTY TO PARTICIPATE TOGETHER WITH THE CITY OF MIAMI IN THE FURTHER DEVELOPMENT CF BICENTENNIAL PARK IN THE CITY OF MIAMI , FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resolution was passed and adopted by the following vote - AYES; Ccnzissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vie -Mayor (Rev..) Theodore R. Gibson Mayor Maurice A. Ferre NUS; None_, 130 APR 2 81977 SL CONFIRMING RESOLUTION! AUTHCAUE EXPENDITURE UP TO $6,030 FOR Cc MMtSSioN (S) AID/OA CITY MANAGER TO ATTEND C I L P EI OPENING COUNCIL (GUATRIALA)1 The following resoititiOfi was introduced by Commissioner Piuni er, who Mdiied Ltd addptioht RESOLUTION NO. 77-J94 A RESOLUTIONN AUTHORIZING EXPENDITURES NOT TO EXCEED $6,000 FROM THE CONTINGENCY FUND roil THE MAYOR, MEMBERS OF THE CITY COMMISSION, CITY MANAGER AND HIS DESIGNATED STAFF, TO ATTEND THE SEVENTH ANNUAL MEETING OF NATIONAL DIRECTORS FOR THE INTERAMERICAN EXPORT PROMOTION CENTER OF THE ORGANIZATION OF AMERICAN STATES TO BE HELb IN GUATE.4ALA CITY, GUATEMALA MAY 24 - 27, 1977. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resolution was passed and adopted by the following vote- AYESt Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. 54. CONFIRMING RESOLUTION: PROVIDE FUNDS FOR COMMISSIONER PLUMMER TO ATTEND ANNUAL 03NVE1TICN OF SISTER CITIES (IN PALM SPRINGS, CALIFORNIA), The following resolution was introduced by Vice -Mayor Gibson, who moved its adoption: RESOLUTION NO. 77-395 A RESOLUTION AUTHORIZING CCMMISSIONER J. L. PLUMMER OR HIS REPRESENTATIVE TO ATTEND THE ANNUAL CONVENTION OF "SISTER CITIES" TO BE HELD AUGUST 17-20, 1977, IN PALM SPRINGS, CALIFORNIA: ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $1,000 FROM SPECIAL PROGRAMS AND ACCOUNTS/SISTER CITIES PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 'Upon being seconded by Commissioner Reboso, the resolution was passed and 'adopted by the following vote - AYES; Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES; Noe. 131 EtRGENCY ORDINANCE: Mrs, Gordon: of Trtstees. f Nov= THAT CoMMISStoNER oN BoARfi of TRusTttS ROR RETIREMENT TRUST SHALL VOTE ONLY IN THE tVtNT OP A Tit VOTE. There is a matter that has to be cheated up regarding the System Board J. L. you want to speak to it? Mr. Plummer: Yes. Mr. Mayor,... well Rose we can't do anything but speak to it, Mr. City Attorney, there is a discrepancy that exists in which I refuse to accept the appointment as designated by this Board, That discrepancy exists between the published book as to rules and regulations and the general feeling and understanding of everyone and the labor contracts. I make a motion at this time that the City Attorney be instr- ucted to have the ordinances comply with the labor contracts bringing this Board back into it's norm. Mrs. Gordon: J. L. that's a good motion. It's a clarification, it's a misunderstanding that existsback to the date of the ordinances being drafted. The attorney for the System Board of Trustees during the two months that I was acting as chairman discovered this, although he had been the attorney for sometime, he had not had the, I guess, the opportunity or initiative, or whatever to examine that portion of the green book where he discovered it. Then, I went into a lot of research, took several days to find every- thing I could and read everything and found that indeed at the time of the labor negot- iations contract the intent was that both boards be treated identially the same and that the ordinance that drafted the Trustee Board was incorrectly drafted, it needs a correct- ion. That's it, and J. L. served during that almost two year period under the assumption that the Trustee Board and the Retirement Board were drafted alike, and when I came on I treated it the same way for the first month, the second month I was informed of the error. Alright, is that correct. Mr. Plummer: Yes. Mrs. Gordon: Ok. Mayor Ferre: Hey, look, it's 9:00 o'clock. Mrs. Gordon: That was a motion J.L. made. I seconded. Ok. Mr. Plummer: Well, wait a minute, here's the motion. Mr. Knox: Yes, you have before you a copy of an emergency ordinance. Mayor Ferre: (Read ordinance into record). Moved by Plummer, seconded by Gordon. Further discussion. Call the roll. AN ORDINANCE ENTITLrED- Was adoption on two AYES: as AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 2230, ADOPTED DECEMBER 6, 1939, AS AMENDED, WHICH ESTABLISHED THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM, AS SAID ORDINANCE APPEARS IN CODIFICATION FORM AS PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY BY AMDIDING SECTION 2-96 (3) (d) THEREOF BY PROVIDING THAT THE CITY COMMISSIONER SERVING ON THE BOARD OF TRUSTEES WHICH ADMINISTERS THE MIAMI CITY EMPLOYEES' RETIREMENT TRUST BE 'rFI CHAIRMAN OF SAID BOARD WHO MAY VOTE ONLY IN THE EVENT OF A TIE VOTE OF THE BOARD; REPALING ALL ORDINANCES, CODE SECT- IONS, OR PARTS THEREOF IN CONFLICT, INSOFAR AS T EY ARE IN CONFLICT, CONTAINING A SEVERABILITY PRCVISION. introduced by Commissioner Plummer and seconded by Commissioner Gordon, for emergency measure and dispensing with the requirement of reading same which was agreed to by the following vote - Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Commissioner Rose Gordon Mayor Maurice A. Ferre an separate days, Gibson NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gordon' adopted said ordinance by L.^.e following vote- ing APR 2 81977 • • AlES: WFS: Node. dottiMiAtiOhet Manolo Itebdeo VidemMayot (ife'.) theodofe it. dib§oft COMmietiOner Able Gordon COMmistioner J. L. Plummet, .fit. Mayon Maurice A. Terre amp ORbfl ANCF b N Thm ORbtNAN,ct NO. 8647. The City Attorney read the ordinance into the public record Ahd announced that copies were available to the members of the City COtthissiotl and to the public. ON ROLL CALL: Mr. Plummer: I now withdraw my letter Mayor dated to you April 26th, MrS. Gordon: And, I withdraw my responding letter. 56. REPORT RECEIVED: "POLICED BY THE WHITE MALE MINORITY." Mayor Ferre: We have a motion here acceptance of the Police by the White Male Minority, you asked that you have time to read it, you've had all day now. (bead resolution as proposed into record). Mr. Plummer: Mr. Mayor, I want to change the word "accepting" to "receiving". Mr. Knox: Acknowledge and receive. Mr. Plummer: In other words, it would read, A resolution formally receiving, rather than acceptance. Mayor Ferre: Does that do it George? Mr. Knox: Yes. Mayor Ferre: Alright, as amended. Are you moving it now? Mr. Plummer: Yes, I'll move it. Just acknowledgement that we did. Mayor Terre: Plummer moves and Gibson seconds. Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-396 A RESOLUTION FORMALLY RECEIVING THE OCTOBER, 1976 REPORT OF THE FLORIDA ADVISORY COMMITTEE TO THE UNITED STATES COMMISSION ON CIVIL RIGHTS ENTITLED, "POLICED BY THE WHITE MALE MINORITY", DEALING WITH THE STATUS OF POLICE- CO.M.AMUNITY RELATIONS IN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice -Mayor Gibson, the resolution was passed and adopted by the following vote- 1'SS; Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NQES; None. 13a APR 2 8197,7 FORIMPTIPIIIIMI111111 III CAN ROLL CALL: Mayor Ferree Are we sure we're accoinpiishi zg what Siceloff needs, Mr+ Plummer: Ail we're doing is acknowledging,.. Mr. Knox: Right, all they have to do is formally acknowledge ... Mayor Ferrel Well, why you don't acknowledge with gratitude for their hard work acid all that.. ok. 57i DISCUSSION OF POSSIBLE CHANGE OF MONTHLY CITY COMMISSION PLANNING AND ZONING MEETING, Mayor Ferre: Is there anything else? Mr. Plummer: Yes, Mr. Mayor as I asked and talked to most of you this afternoon, I would like to suggest to the Manager or even put it in the form of a motion that we deviate from the Wednesday Zoning Meeting followed by a commission on Thursday and that we go to a off Thursday Commission Meeting afternoon for Zoning. Now, do you want that in the form of a motion? Mr. Grassie: If we could have the sentiment of the Commission, if the majority of you agree, we'll simply do it. Mr. Plummer: Alright, is there any objection is really... Mrs. Gordon: J. L. the problem is if you want to travel out-of-town for some reason or other, you know, you gotta stay in town for three weeks in a row, you know that really is a problem. Mr. Plummer: Well, Rose on that particular case that it creates problems,let's have a Tuesday and a Thursday meeting. This 48 hours away from my office is killing me. Mrs. Gordon: I know, it's hard on me too. Mr. Plummer: Let's go ahead and try for example.... :ors. Gordon: For the same weeks then. Mr. Plummer: No, let's go ahead if you want and try for like in May that you could have it either the 5th or the 26th, if that creates problems, then we can change it and have it on a Tuesday, you follow me? Mrs. Gordon: May 26th is a Thursday of the following week. We changed it originally/ - because somebody... Mr. Ongie: Yes, and we've advertised the change of dates of meeting for the month of May in the display ad. Mr. Plummer: Alright, well then let's don't guff with it in May, alright I'll go with it in May, but what I'm suggesting let's say in June that we would have it on ---- We would have our regular commission meeting on 9 and 23, and zoning the afternoon of the 16th, you follow me? Mrs. Gordon: J.L. can we do that at the next meeting so I can check my June book? Mr. Plummer: Sure, fine. Mrs. Gordan: Because I don't have anything to look at. Mr. Plummer. I just don't want these meetings back to back, that's what's killing me. Mrs. Gordon: Yes, Z know it's hard, and tomorrow the Plan meeting so it's three days in a row. 13 APR 281977 58, PERSONAL APPE•NCE: LT. DON MARCH, M.P. RE: IMPLEMENTATION OF CONSENT tECREE tt. March: t have a question, Don March, Walter Headly, Jr., Miami Lodge #20, 'raternal Order of Police. My question is concerning the Consent Decree, it was signed on March 29th. The Fraternal Order of Police filed an appeal and at the same time filed with the Judge a request for a stay of Execution. It was my understanding that the Judge in entertaining the petition for a Stay of Execution indicated that this was most properly addressed to the Appellate Court and upon such direction we immediately filed the request for a Stay of Execution with the Appellate Court. I'm here today to ask if there is a commitment on the part of the City to proceed with implementation of the Consent Decree or if there is a commitment on the part of the City to wait until such time as the Stay of Execution is heard. Mayor Ferre: Ok. Mr. Grassie: I wonder if,Mr. Mayor, we should receive some kind of indication from the City Attorney with regard to timing, how much timing we're talking about here ibefore the court would act normally. Mr. Knox: We really can't tell, it depends upon the schedule of the Court of the Fifth Circuit Court of Appeal, so there is no way of knowing at this point when they will hear this question and after having heard it there is no way of telling how long it will be before they will render a decision about it. What happened was that the Fraternal Order of Police filed a motion with the Federal District Court here asking that the implementation or the Execution of the Consent Decree be stayed until such time as there is an appeal from the Consent Decree, and this Judge denied the motion indicating that perhaps the Fifth Circuit Court of Appeal would have a different opinion. Now, they immediately a motion or a similar motion with the Circuit Court of Appeal. Now, it is true that one Judge could hear the motion. The full court is now in session, there is no way to accurately predict the amount of time that it would take for them to hear the appeal, nor the amount of time that it would take for the court to make a decision, and I have no way of predicting how long it would take. Mr. Plummer: Where are we? Lt. March: That's my question,sir. Mr. Knox: Alright, right now, as far as the courts are concerned the Consent Decree became effective ten days after it was entered on March 28th. So, theoretically, the City is now obligated to begin to implement the Consent Decree, but as Lieutenant March pointed out it could be that the whole matter would be reversed, that the Consent Decree would be reversed by the Fifth Circuit Court of Appeal. `It's also possible that the Fifth Circuit Court of Appeal would grant a Stay of the Execution of the Consent Decree pending a formal appeal. These questions have not been answered. The questions that have been answered are #1, Judge Eaton signed the Consent Decree, and #2, he denied a motion to stay the implementation pending appeal. Mr. Plummer: .... Do we have any choice in the matter? Mr. Knox: No, and I think Lt. March was just asking you to make some representation that, you know, that it's your will that the Consent Decree not be implemented until these things are done. Mr. Plummer: Do we have that latitude? Mr. Knox: Well, on the other side of it, those people who are members of the"affected class" would expect that the Consent Decree be implemented. Mr. Plummer: I'm not saying that. If I understood you correctly, it was signed on the 29th. Mr. Knox: Yes. Mr. Plummer: And, it becomes law 10 days thereafter. Mr. Knox: Yes. Mr. Plummer: Now, if that's the law how can we deviate from it? March: 1 didn't hear that.' Lt. Kar Mr. Mayor, with all due respect I've been here II11IIII II II II II III 4135 APR 281977 jut at long as you haVe, t thihk, and o44 precisely to heat the matter to thia question, Mr h�x Alright, the &hewer to tha question, if you waht a precise legal aftswer to the questioho the City is now Obligated to itsplemeht the edhaeht Mcrae beeausa there has been nothing that would indicate that they should not, Mayo r Perret Anything else you want to ask? Lt. MarOh: YoU said the City is now obligated, or not obligated/ Mr, Knox: Is now obligated, Mayor Ferre: The answer to your question is the City is under Obligation tt, emply, is that correct? Mr. Plummer: That's the way I understood it. Lt. March: Perhaps Mr. Knox would care to share the comments that the Judge made concerning implementation while an appeal is pending, Were there some comments of the Judge and reservations that he had or some indications as to the possible ramificat- ions of such implementation should the appeal be successful? Mr. Knox: Well, these were arguments that were made by the Attorney for the Fraternal Order of Police and rejected by the Court. As far as..the order simply says that the motion to Stay Implementation of the Consent Decree is denied. Lt. March: Thank you Mr. Mayor. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS TO con DEEORE THE CITY COMMISSION THE MEETING WAS ADJOURNED AT 915VIM, MAURICE A, FERRE MAYOR ATTEST: RALPH G. ONGIEJ CITY CLERK MATTY HIRAI ASSISTANT LITY CLERK Titg 'vol • • 138 APR 28197) CITY OF MAMI DOCUMENT INDEX MEETING DATE: April 28, 1977 ITEM NO. DOCUMENT IDENTIFICATION 10 11 12 13 COMMISSION AGENDA AND CITY CLERK REPORT APPOINTING PATRICIA KOLSKI AS AN ALTERNATE MEMBER TO THE ZONING BOARD TO FULFILL THE UN- EXPIRED TERM OF MRS. MILDRED CALLAHAN CONFIRMING ORDERING RESOLUTION NO. 77-269 CONFIRMING ORDERING RESOLUTION NO. 77-270 REGULATING COMMERCIAL PHOTOGRAPH AT CITY OF MIAMI FACILITIES AND REQUIRING THE ACQUISI- TION OF A COMMERCIAL PHOTOGRAPHIC PERMIT AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PERRY E. GARY, FOR THE OPERA- TION OF THE MELREESE GOLF COURSE DRIVING RANGE ACCEPTING IN PRINCIPLE THE SCHEMATIC DESIGN FOR THE BEAUTIFICATION OF CUBAN MEMORIAL PLAZA AND MEMORIAL BOULEVARD. REQUESTING THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL TO HOLD ANOTHER PUBLIC HEAR- ING REGARDING THE QUESTION OF DESIGNATING THE COCONUT GROVE AREA AS AN AREA OF CRITI- CAL STATE CONCERN PROVIDING FOR THE HOLDING OF A SPECIAL REFERENDUM ELECTION IN THE CITY OF MIAMI, ON JUNE 7, 1977 PROVIDING F'OR THE HOLDING OF A SPECIAL RE- FERENDUM ELECTION IN THE CITY OF MIAMI, ON JUNE 7, 1977 CONFIRMING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE BIDS AND EXECUTING THE CON- TRACTS FOR THE CONSTRUCTION OF THE HEAVY EQUIPMENT SERVICE FACILITY PROJECTS WITH HILLS CONCRETE AND CONSTRUCTION CO., INC ACCEPTING THE COMPLETED WORK PERFORMED BY J&J ENTERPRISES AT A TOTAL COST OF $11,068 ACCEPTING THE COMPLETED WORK PERFORMED BY DICK MORTON, INC. AT A TOTAL COST OF $71,17.13 ACCEPTING THE COMPLETED WORK PERFORMED BY DICK MORTON, INC. AT A TOTAL COST OF $41,087.82 COMMISSION ACTION R-77-360 R-77-361 R-77-362 R-77-372 R-77-373 R-77-374-B. R-77-376 R-77-377 R-77-378 R-77-379 RETRIEVAL CODE NO. 0059 77-360 77-361 77-362 0060 0061 77-372 77-373 77-374-1 0062 77-376 77-377 77-378 77-379 )OCUMEN11'NDEX CONTINUED NO. 15 16 17 18 19 20 21 22 23 24 25 26 27 DOCUMENT IDENTIFICATION ACCEPTING THE COMPLETED WORK PERFORMED BY EB- SARY FOUNDATION CO. AT A TOTAL COST OF $49,651 AUTHORIZING THE CITY MANAGER TO TRANSFER BY QUIT CLAIM DEED, THE FOLLOWING DESCRIBED PARCELS OF REAL PROPERTY BELONGING TO THE CITY OF MIAMI AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARLENE VAZQUEZ AND RODOLFO VAZQUEZ, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $9,500.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ROBERT A JACOBS, VICKIE JACOBS, AND THEIR ATTORNEY, WITHOUT THE ADMISSION OF LIABILITY THE SUM OF $2,272.99 IN FULL AND COMPLETE SETTLEMENT FINDING AND DETERMINING THE PUBLIC NEED AND NECESSITY FOR ACQUIRING THE FEE SIMPLE TITLE TO CERTAIN PROPERTY DESCRIBED HEREIN TO BE USED FOR PUBLIC PARK AND RECREATIONAL PUR- POSES FOR THE LATIN COMMUNITY RIVERFRONT PARK APPOINTING ROSE GORDON AS THE CITY OF MIAMI'S VOTING DELEGATE ACCEPTING THE BID OF BIG CHIEF, INC. IN THE AMOUNT OF $12,956 FOR THE LITTLE RIVER MINI - PARK -BUILDING DEMOLITION ACCEPTING THE BID OF OBENOUR ROOFING SHEET METAL & SUPPLY CO. IN THE PROPOSED AMOUNT OF $5,700 FOR THE EDISON PARK BATHHOUSE REROOF- ING-1977 ACCEPTING THE BID OF WENDELL BUTLER SUPPLY FOR FURNISHING 1,000 CUBIC YARDS OF CYPRESS MULCH FOR TIIE DEPARTMENT OF PARKS AND RECRE- ATION AT A TOTAL COST OF $8,950.00 ACCEPTING THE BID OF SOUTHERN TURF NURSERIES FOR FURNISHING 97,000 SQUARE YARDS OF BER- MUDA SOD FOR THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL COST OF $8,730.00 ACCEPTING THE BID OF CECO CHEMICAL MANUFAC- TURING FOR FURNISHING TWO HIGH PRESSURE STEAM CLEANERS FOR THE DEPARTMENT OF PUBLIC PROPERTIES AT A TOTAL COST OF $5,778.00 ACCEPTING THE BID OF KEY POWER SYSTEMS, INC. URGING THE STATE OF FLORIDA AND METROPOLI- TAN DADE COUNTY TO PARTICIPATE TOGETHER WITH THE CITY OF MIAMI IN THE FURTHER DEVE- LOPMENT OF BICENTENNIAL PARK IN THE CITY OF MIAMI COMMISSION , ACTION R-77-380 R-77-381 R-77-382 R-77-383 R-77-384 R-77-385 R-77-387 R-77-388 R-77-389 R-77-390 R-77-391 R-77-392 R-77-393 RETRIEV L CODE NO. 77-380 77-381 77-382 77-383 77-384 77-385 77-387 77-388 77-389 77-390 77-391 77-392 77-393 )OCUMENTINDEX NO, DOCUMENT IDENTIFICATION COMMISSION RE7r�IEV�C .�i ACTION CONTINUED„ �10, 28 29 30 AUTHORIZING EXPENDITURE NOT EXCEED $6,000 FROM THE CONTINGENCY FUND FOR THE MAYOR, MEMBERS OF THE CITY COMMISSION, CITY MANAGER AND HIS DESIGNATED STAFF, TO ATTEND THE SEVEN- TH ANNUAL MEETING OF NATIONAL DIRECTORS FOR THE INTERAMERICAN EXPORT PROMOTION CENTER AUTHORIZING COMMISSIONER H.L. PLUMMER OR HIS REPRESENTATIVE TO ATTEND THE ANNUAL CONVEN- TION OF "SISTER CITIES: TO BE HELD AUGUST 17-20, 1977, IN PALM SPRINGS, CALIFORNIA FORMALLY RECEIVING THE OCTOBER, 1976 REPORT OF THE FLORIDA ADVISORY COMMITTEE TO THE UNITED STATES COMMISSION ON CIVIL RIGHTS ENTITLED "POLICED BY THE WHITE MALE MINORITY" R-77-394 R-77-395 R-77-396 77-394 77-395 77-396