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HomeMy WebLinkAboutCC 1977-05-19 MinutesTYOF 1V�IAMI 1 N'CORY=U►It TEI) 18 - 96 OMMISSION MINUTES OF MEETING HELD ON MAY 19, 1977 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G, ONGIE CITY CLERK trtoc ctri'sgia��`rFliidRtrn Nb, SUBJECT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. le. QI NANCE Off K SOLUTION NO,O PAGE NO, SECOND READING ORDINANCE: AMEND SECTION 64-4 OF THE CITY CODE; CHANGE NUMBER OF VOTES, ETC. - ENVIRONMENT- AL PRESERVATION REVIEW BOARD. SECOND READING ORDINANCE: AMEND ORDINANCE NO.8589 - INCREASE EXPENDITURES AND REVENUES FOR LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND. ADVANCE $688,000 BY BORROWING FROM CONVENTION CENTER FUND FOR LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND (LATIN AMERICAN TRADE FAIR). COMMISSION'S POLICY: TIME RESTRAINTS ON EACH MEMBER OF THE CITY COMMISSION ALLOWING FOR A CUMULATIVE TOTAL OF 12-MINUTE SPEECHES. REPORT BY PUBLIC WORKS DEPARTMENT ON RAINFALL AND SURFACE DRAINAGE IN THE CITY. DISCUSSION OF PUBLIC WORKS PROJECTS' PRIORITIES. AUTHORIZE CITY ATTORNEY TO NEGOTIATE AGREEMENT FOR SPECIAL COUNSEL ON F.E.C. PROPERTY CONDEMNATION PROCEEDINGS. DISCUSSION ITEM: POSSIBLE PURCHASE OF MILEY PROPERTY (DEFERRED TO LATER, IN SAME MEETING). REPORT ON STATUS OF POLLUTION BOND FUNDS AND SUMMARY OF PARKS FOR PEOPLE BOND PROGRAM AUDIT. SECOND READING ORDINANCE: AMEND RETIREMENT SYSTEM - ORDINANCE NO.2230 IN PAY -BACK SERVICE TO A MAXIMUM OF FOUR YEARS FOR EMPLOYEES NOT FULFILLING REQUIRE- MENTS CF SEC. 9. FIRST READING ORDINANCE: AMEND RETIREMENT PLAN ORDINANCE NO. 5624 - DELETE REQUIREMENT OF 4% INTEREST PAYMENT BY LABORERS, WATCHMEN OR CUSTODIAL WORKERS. FIRST READING ORDINANCE: AMEND SECTION 36-5 OF THE CODE ("NOISE ORDINANCE")- DISCHARGE OF AGREEMENT WITH LEWIS A. PITZELE CONCERTS, INC. FOR USE OF ORANGE. BOWL STADIUM. DISCLAIM RIGHT-OF-WAY AND GRANT QUIT -CLAIM DEED TO ABUTTING OWNERS ON WEST SIDE S.W. 62 AVENUE BETWEEN S.W. 4 AND 6 STREETS. AUTHORIZE EXPENDITURE OF $3,705 FROM CONTINGENCY FUND TO PROVIDE PAYMENT TO PEAT, MARWICK, MITCHELL & CO. ALLOCATE $74,487 TO PURCHASE 42 8-CHANNEL PORTABLE RADIOS FOR POLICE DEPARTMENT. ALLOCATE $12,587 FROM CONTINGENCY FUND FOR PURCHASE OF PORTABLE RADIO SYSTEM FOR BUILDING DEPARTMENT. CLAIM SETTLEMENT: ARLENE PURTIC. ACCEPT BID; MEALS FOR DAY CARE CENTER. ORD. 8655 ORD. 8656 RES. 77-440 M- 77-441 DISCUSSION M- 77-442 M- 77-443 1 2 - 3 - 7 -11 11-21 22-26 (temp.deferred) 26-31 DISCUSSION 31-34 ORD. 8657 34 FIRST READING 34-35 FIRST READING 35-37 RES. 77-444 37-38 RES. 77-445 38 RES. 77-446 38-39 RES. 77-447 39 RES. 77-448 RES, 77-449 39-40 40 INID( CilYt�i�'�SSIQ� OFJEOF�MIAMI. FLORlil4 11 NO, SUBJECT ORDINANCE 0 RESOLUTION .o. PACE NO, 19. 20. 21. 22. 23. 24. p25. 26. 27. 28. 29. 30. 31. 32. 33(A) 33(B) 34, 35, 36, ACCEPT BID: AMMUNITION FOR POLICE DEPARTMENT. DISCUSSION ITEM: INVITATIONS TO "NUEVO MONDO." ACCEPT BID: MODEL CITIES CD STREET IMPROVEMENTS - PHASE III; BID "A" -HIGHWAY. ACCEPT BID: MODEL CITIES CD STREET IMPROVEMENTS - PHASE III; BID "B"-DRAINAGE. ACCEPT BID: MODEL CITIES CD STREET IMPROVEMENTS - PHASE III; BID "C"-LANDSCAPING. ACCEPT BID: SILVER BLUFF SANITARY SEWER IMPROVEMENT SR-5414-C AND SR-5414-S. RESCIND RESOLUTION NO. 77-334 FOR DEMOLITION OF INCINERATOR NO. 1 - "SALVAGE AND DEMOLITION, PHASE II- 1977. REQUEST CITY ATTORNEY TO FURNISH LEGAL OPINION ON USE OF BOND FUNDS FOR POLLUTION CONTROL. PRESENTATIONS, PLAQUES AND SPECIAL ITEMS. SECOND READING ORDINANCE: AMEND HOURS OF SALE OF ALCOHOLIC BEVERAGES (NCOP-COP) EXCLUDING CHANGE OF HOURS FOR NIGHTCLUBS AND SUPPER CLUBS. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH JONATHAN SEYMOUR HENDERSON-ROSENBERG ASSOCIATES AND DAVID M. SCULLY - PROFESSIONAL DESIGN SERVICES FOR TACOLCY PARK. GRANT WAIVERS TO MEMBERS OF URBAN DEVELOPMENT REVIEW BOARD. RELINQUISH AND ABANDON UTILITY EASEMENT AT APPROXIMATE LY 4343 W. FLAGLER STREET. CONFIRMING RESOLUTION: CHANGE DATE OF JUNE 23, 1977 COMMISSION MEETING TO TUESDAY, JUNE 21, 1977. ACQUIRE FEE SIDLE TITLE PROPERTY DESCRIBED AS LOT 24 AND SOUTHWESTERLY 25 FEET OF LOT 23, BLOCK 43, ROADS PLAT OF NEW BISCAYNE (MILEY PROPERTY). AUTHORIZE CITY ATTORNEY TO SETTLE IN COURT CASE CITY vs. MILEY - FILED IN CIRCUIT COURT. BRIEF DISCUSSION ITEM: COMMISSION ACTION CONCERNING SELECTION PROCESS OF DADE COUNTY GRAND JURY MEMBERS. BRIEF DISCUSSION ITEM: WATSON ISLAND - REQUEST CITY ATTORNEY TO RENDER OPINION ON BONDING THEREFOR. KEYS TO THE CITY: PETER KING, EXPORT DIRECTOR, JAMAICA. RES. 77-450 DISCUSSION RES. 77-451 RES. 77-452 RES. 77-453 RES. 77-454 RES. 77-455 M- 77-456 ORD. 8658 RES. 77-457 RES. 77-458 RES. 77-459 RES. 77-460 RES. 77-461 RES. 77-462 DISCUSSION DISCUSSION PRESENTATION 40-41 41-42 43 43 44 44-45 45-46 46 46-52 52 53 53-54 54 54-59 59 59-60 60 60-61 tW kIfl i of RECULA MMIt3G ofTlit art COMMI idN or MIAMI, £LOR1tA * * * * * * * * Oft the 19th day of May. 1977, the City Cotieission of.:diatni, Florida, mat At its regulat meeting place is the City Hall, 350O Pah Aterideit Drive, Miami, Florida, in regular session. The meeting was called to order at 9:14 a.m. by Vide Mayot (Revd Theodore R. Gibson utith the following members of the Commission found to be pteseatt Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk Commissioner Manolo Reboso Mayor Muarice A. Ferre An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. Reading of the Minutes: Moved and waived. Reverend Gibson: Ladies and gentlemen, the Mayor has called and said that he would be late and asked me to proceed. Mr. Plummer: Father Gibson, I would suggest since most of these items --A through E-- are something that I think would be of importance to all of the Commissioners, awaiting possibly the arrival of the Mayor, that we start with Item No. 7, take the housekeeping and get that out of the way, and then hopefully that the other two Commissioners will arrive prior to that, that's my suggestion. Mrs. Gordon: I'd like to call attention to item No. 15. The attorney was here for the party involved and asked that we not hear it until he gets back which I told him was scheduled for this afternoon. So, if you will just skip over No. 15 until after the regular agenda time. SECOND READING ORDINANC`: AMEND SECTION 64-4 OF THE CITY CODE; CHANGE NUMBER OF VOTES, ETC. - ENVIR E TAL PRESERVATICN REVIEW BOARD. All right. Item 7. Mies; Gordon; I move. Mr, Plummer; I'1.1 second it. AN QRDINANCZ ENTITLED- AR ORDINANCE AMENDING THE CITY OP i1A11 COISE, SECTION 64 4, ENVIRONMENTAL PRESERVATION IRVIEW BOARD, EY DELETING SUB- SECTION (4) NUMBER OF VOTES REQUIRED FOR CERTAIN ACTIONS; QUORUM, AND BY ADDING A NEW SUBSECTION (4) NUMBER OF VOTES REQUIRED FOR CERTAIN ACTIONS: QUORUM, TO CHANGE THE NUMBER OF VOTES REQUIRED TO APPROVE AN APPLICATION OR REVERSE A DECISION OF THE ADMINISTRATIVE ASSISTANT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of May 12, 19/7, teas taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor (Rev.) Theodore R. Gibson NOES: NONE. ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8655 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. SECOND READING ORDINANCE: AMEND ORDINANCE No.8589 — INCREASE EXPENDITURES AND REVENUES FOR LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND, Rev. Gibson: All right, No. 8. Mr. Plummer: I'll move it. Mrs. Gordon: Second. On discussion on this one, Mr. Manager, have you heard anything from Dade County? Mr. Grassie: The staff, Commissioner Gordon, has been again in touch with the County Manager and we have positive indication but that is not something that is in their budget yet. I understand that it is going to be presented to the County Commission as a budget request the first part of June. Mrs. Gordon: $400,000...or Mr. Grassie: Mrs. Gordon: right? Mr. Grassie: Now, my question is we anticipate a total deficit of close to Three Hundred and something..what was it? $386,000 as I remember. All right, we anticipate receiving $150,000 from the That's correct. State, Mrs. Gordon: And we were hoping to get the same amount from the county, that would leave us with an anticipated deficit of a little less than $100,000... Mr. Grassie: No, Ma'am, the $300,000 that you speak of --and keep in mind that part of the $150,000 from the county is 'in kind'-- the $300,000 that you speak of -$150,000 from the county and $150,000 from the State- are considered in the revenues and after all of the revenues that are anticipated there is a remaining deficit of $381,000. Mrs. Gordon: Well, then that's the clarification that I needed, Will that be out of pocket of the City? sr. Grassie: Yes, Ma'am. Mrs. Gordon; I wasn't exactly clear on that poiot, I thought that vas the deficit that we were going to divvy up with the other agencies, 2 Mt, Grassie: No, Ma'am, If you wish I'll distribute., to, you again the Fitatdial summary that I gave you, I have a copy here if you want to see it. Basically, what it says *if you remember- is that the projected expenses were $1,069,000. the projected revenues $688,000... Mrs. Gordon: That included the States's contribution and... now my problem With that is, you said the county was just going to give us "in kind"..., Mt. Grassie: No, not "just", part of their contribution would be "in kind" and by that we are talking about things like providing bus service, which of course costs them money, but we wouldn't... Mrs. Gordon: Yes, but they don't have to take it out of pocket.. Mr. Grassie: Well, it would be "special service" and they would have to pay for it, but they would not transfer the money to us, they would just give us the service. It is a part of the $150,000 they contemplate providing in that fashion. Mrs. Gordon: Somewhere along the way I heard that they were only going to recommend the $50,000 contribution. Mr. Grassie: That was their initial reaction, that they would like to make it $50,000 in cash and $100,000 in "in kind" services, but we are trying to convince them to make it a larger amount is cash, we are discussing that right now; but it would be at least $50,000 in cash. Mrs. Gordon: Well, I hope you have the money for it, because we are really pulling in our belt on everything...I don't know. You know how much I'm for the Trade Fair, the question about my interest in having us have this exhibit here but..I want the record to reflect that I am extremely worried about the de- ficit being on all of our backs for such a large amount of money. Rev. Gibson: All right, further discussion, call the roll. AN ORDINANCE ZITITLED- AN ORDINANCE AMENDING ORDINANCE NO. 8589, AS AMENDED, THE APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1976-1977, ADOPTED NOVEMBER 11, 1976, BY AMENDING SECTIONS 1 AND 4 THEREOF, PROVIDING FOR THE CREATION OF A FUND OTITLED "LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND" AND MAKING A TOTAL APPROPRIATION TOWARD SAID FUND IN THE AMOUNT OF $1,069,000, AND PROVIDING FOR REVENUES IN SAID AMOUNT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE .AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of May 12, 1977, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and 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 NOES: None. ABSENT: Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8656 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. Mr. Plummer: I've got a problem, this does not contain the effective date, which was very specifically written in on First Reading. It does not become effective until the-24th--e June. -- Nowi--is- it -so -encompassed -iu-the whereas t?-- —__ . _�____- - - Mr. Knox: It's contained in the body of the Ordinance. Mt. P1uhaer: Thank you. ADVANCE $6$8,000 BY fORRoWING PROM CONVENTION CENTER FOR LATIN AMERICAN TRADE EXHItITION TRUST AND AGENCY % (LAT'IN AMERICAN TRADE FAIR) Mt, Mummer: I move 9. Ht. Reboso: Second. Mrs. Gordon: Could we have some discussion on this? The Convention Center funds, I understand we won't need this money for at least a year, is that Correct? that's what you said the last time when we talked about this item? Mr. Grassie: No, If I understand you correctly Commissioner, I don't believe that's true. Mrs. Gordon: Well, okay, will borrowing money from the Convention Center fund..? Mr. Grassie: Well, the Conference Center will not need it for a year, that is correct. Mrs. Gordon: That's what I'm talking about. Mr. Grassie: I'm sorry, I thought you were saying it the other way around. Mrs. Gordon: Okay. I find it troublesome that we are not hearing anything at all regarding the Conference Center...When are we going to get a report from you on the Convention Center? Mr. Grassie: Well, you get a monthly report now Commissioner on this. Next monthly report is going to be in the mail to you within three or four days. Mrs. Gordon: Not the report aspect of it, but the development of the hotel and shops and things of that sort. As I recall, that was supposed to have been an item that was supposed to come to us a couple of months ago. Have you had any interest from developers?.. Mr. Grassie: Oh, yes, very much so, and that is reported in the monthly report that you'll receive. Maybe we should do it verbally if you'd like to. Mrs. Gordon: I think we should have it on our next Commission Agenda. Mr. Grassie: An information report? Mrs. Gordon: Yes. Mr. Grassie: We'll do that. Rev. Gibson: All right, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-440 A RESOLUTION ADVANCING $688,000 FROM THE CONVENTION CENTER BOND FUND TO THE LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND TO FACILITATE THE LATIN AMERICAN TRADE FAIR; SAID ADVANCEMENT TO COME FROM MONIES DERIVED FROM SOURCES OUTSIDE OF THE SALE OF BONDS; THE CONVENTION CENTER BOND FUND TO BE REIMBURSED BY THE LATIN AMERICAN TRADE EXHIBITION TRUST AND AGENCY FUND THE AMOUNT OF $688,000 PLUS INTEREST COMPUTED SIMPLY AT 44% PER ANNUM. (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! Commmissioner Rose Gordon Commissioner J. L. PlumMer, Jr. Commissioner Manolo Reboso Vice Mayor (Rev.) Theodore R. Gibson NOES: None, ABSENT: Mayor Maurice A. Ferre MAYOR FERRE.ENTERS MEETING AT 9:25 A.H. Rev.. Gibson: A11 right, Mr. Mayor, we've done 7, back to A, B, C. D. and E. 9 and now we can go Mayor Ferre: You've gone_over 7,_8 and 9.,of the afternoon session. Mr. Grassie: We go back to Item A, Mr. Mayor. 4, MISSION'S POLICY: TIME RESTRAINTS ON EACH MEMBER OF THE CITY COMMISSION ALLOWING FOR A CUMULATIVE TOTAL OF 12 MINUTE -SPEECHES. Mayor Ferre: Rose, gentlemen, I'd like to propose something to you this morning, and please bear with me and listen to me, this will take only a minute. As you know, our meetings are going through 9_o'clock p.m., and 8 o'clock, and it's just ridiculous. I've made it a point to go over some of the minutes and actually...and I want so that nobody will feel that I'm in any way speaking about them..I'm just as bad a culprit as anybody else, I'm not the worse culprit there is somebody that beats me in this Commission.. I am not going to say who rambles the most, but let me say that I am one of the ramblers. I think, frankly, that anything that needs to be said about any subject can be said in 10 minutes. I can't think of anything that we talk about here.... Now, let me tell you what happens. We get emotional and we repeat ourselves 3 and 4 times, same statement over, and over, and over..in just different ways.. and I admit that I am one the worse culprits here. I think we ought to address ourselves to it in a simple way, and here is what I'd like to do, and I think that anything that needs to be said can be said in 10 minutes. I would like to recommend that we impose upon ourselves, all of us --all five of us, that cumulatively, on any one subject, we are not going to talk any more than 10 minutes unless there is a waiver of that. I'd like for the Clerk to keep the time on each subject, this is going to impose a lot of work on you and I apolo- gize to you but when we have reached the first 10 minutes cumulative, then at the discretion of the Chair obviously, I'll be generous, then you'll automatically you'd have two minutes to wind-up whatever it is you are saying, and unless there is a general waiver that this is going to be open for discussion... I think if we do it that way we are going to be able to get out of these meetings before 9 o'clock, otherwise we are just going to keep on..You know, sometimes we get into these things and we go on for two hours, and we just ask the same things over and ramble on and on, and on, and I'm one of the worst ones..I'm imposing it on myself, and I think if we can do that..You know, it's certainly not for publicity because as you know, certainly with all due respect to our friends in the press, we are not exactly one of their favorite subjects around here so when these speeches go on for 30 minutes, one out of ten gets into the press. It's meaningless, we are just talk- ing to ourselves and to the record. It isn't --so that nobody will take this out of contest-- it isn't that what we are saying is not significant. It's just that in my opinion, the City of Miami is purposely ignored by the Miami Herald, and I'm not going to mention any words about it, it isn't that I think --and I apologize to the reporters involved, it isn't the reporters, I think it's the editors and the people up at the top who are on specific instructions to ignore the City of Miami. So, I think we ought to get over these meetings a little bit quicker, it just doesn't make any sense to go for 13 hours. Now, does anybody disagree with that? Mrs. Gordon: No way, we like that. Rev. Gibson: I just want to make sure that all the members of the Commission remember now that I'm going to keep you in my prayers. Mr. Plummer; That's not the point --I'd like 30 minutes now to speak about Mr. Mayor, you know, without mentioning any names...4r. Mayor, look, the Charter I think provides that no subject shall be by ;his Commission more than 10 mi.»utes or is it maybe 5, I don't know.,. 1y6t Feriet No Sit, what.the.Chatter provides is that to speaker, ..by Chatter, t can limit anybody to S minutes, but that does hot cover the Comte .ssiot7. Commissioner Plummer: Mr, Mayor, I would say to you --to impose an emphatic time limit would be wrong, now, ,..and let me say to you that if you do and this Commnission sees fit to do it I will go by the majority...that I want to know who is going to sit down and say that each Commissioner has got the 2 minutes, because the travelog to Europe takes 21 minutes...Isn't that right Andy?.. Mayor Ferre: The what? Commissioner Plummer: The travelog to Europe that we have about all of the parks in Europe takes 21 minutes and speech A on the editorial staff of the Herald takes 3.4 minutes and..you know, all I'm saying to you Mr. Mayor is I haven't traveled to Europe and I'm going to have to talk about Florida.. Mr. Mayor,..look, I have tried in this Commission to try to keep it down to a 5 o'clock ending, I would like to, but the problem is how are you going to keep each individual Commissioner to 2 minutes on a given discussion?... Mayor Ferre: I didn't say that, Mr. Plummer.. Commissioner Plummer: 10 minutes cumulatively?... Mayor Ferre: No Sir, I will repeat my statement. The Clerk will keep cumulative time on each subject matter when 10 minutes are up you will be told that you have know spoken 10 minutes on the subject, you then have 2 minutes left to wind-up whatever you want to say. Commissioner Plummer: So then, what you are proposing is that the public who comes here would have 10 minutes to speak... Mayor Ferre: No I'm not proposing that, I'm talking about us, we are the ones that ramble not the public. We talk three times as much as the public if you add up the time... Commissioner Plummer: Listen, I'm willing to try.. Mayor Ferre: In that way, it makes it easier for me to tell the public that they only have a maximum of 5 minutes on any subject. Commissioner Plummer: Okay, let's try it. Mayor Ferre: We'll try it, if it doesn't work...Manolo, do you disagree? All right, then we have a motion made by Commissioner Gibson, seconded by Commissioner Reboso. The following motion was introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 77-441 A MOTION DECLARING THE POLICY OF THE CITY COMMISSION THAT TI1 RESTRAINTS NOT TO EMCEED A CUMULATIVE TOTAL OF 12 MINUTES BE IMPOSED ON EACH ME!BER OF THE CITY COMMISSION SPEAKING ON A PARTICULAR SUBJECT AND DIRECTING THE CITY CLERK TO ADVISE THE CHAIR WHEN THIS PERIOD OF TIME HAS ELAPSED. 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 (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NQE$; None. MAydt Ferre: Now, you Mr, Clerk, ate going to have to have a Stop watch and keep cumulative totals of time, okay", let's see if we can get through these heetings a little quicken. REPORT BY PUBLIC WORKS DEPARTMENT ON RAINFALL go SURFACE DRAINAGE IN THE CITY* Mayor Ferret 'lake up Item A. Mr. Grassier Mr. Mayor, this is an informational report for the City Com-' mission in response to the record -breaking rain that we had..over 11 inches, you know, recently. We really want to give you some picture of what is pos- sible within a City with the terrain of Miami and to that end, we want to review with you some information developed by the Public Works department. Mr. Kay: Mr. Mayor, members of the City Commission, my name is Jim Kay, I'm the sewer -design engineer for the City of Miami. The City Manager has an- nounced to you what the subject is and I feel privileged to be here to speak to you this morning. I'd like to get into some of the presentation maps right away. You see before you here a map of the City of Miami relating the eleva- tion of ground water relative to the surface of the ground. Now, those areas shown in red, which are areas adjacent to our water -ways on the Bay, the ground water elevation is somewhere between 3 feet or less below the ground surface. Mostly, that's somewhere between 21' to 3 feet over moat of that area. The blue areas indicate those locations where the ground water is somewhere between 3 to 8 feet below the surface of the ground and, of course, the white areas are loca- tions where the ground water level is greater than 8 feet. Now, this is our stable condition where the ground water is at an approximate elevation of plus two. Now, the storm water run-off coming from our rains, has the ability to perculate down into the ground and raise the elevation of our ground water table. Accord- ing to reports issued by the South Florida Water Management District, one inch of rainfall can elevate the ground water table an additional 6 inches. I'm trying to give you some sort of feeling for this by this next map here. We can see that, when we have three inches of rainfall in one hour, the ground water can actually rise to or above the ground in those areas shown in the bright orange color. When we have 6 inches of rain in say 3 hours it can elevate the water table to the ground surface at those locations shown in blue; and when we have 10 inches of rain in say 5 hours, those areas in the beige color are also flooded. Mr. Grassie: Jim,..simply to reinforce what Jim is saying, the point that we are making here is that when you get, for example, 6 inches of rain in three hours, all of the parts of the City that are in blue have water standing above the level of the ground, just naturally; and this is something that is simply a characteristic of our terrain. Mr. Kay: This is a condition right, we have no control over it. Now, this map only gives us part of the picture. Mayor Ferre: Carries the water table above ground flowing rains in various intensities. So, in other words, the bright red is where it really floods up right? Mr. Grassie: No Sir, with 3 inches of rain in one hour, a very small amount of water, it floods up in the bright red. Mayor Ferre: With 6 inches in 3 hours it floods up in the blue areas, and with 10 inches in 5 hours...Now, the other day, for example, I remember reading that we had 11 inches in one day, so that's when you get the flooding areas every- where. Mr. Grassie: Yes. You have all of the blue and some of the brown where ground water, you know, the water in the ground is higher than the surface of the ground, which means that there is no place for it to go, that's basically what we are trying to say. You know, there is no way to get rid of it. Mr: Kay: When we had the severe rain on May 4, we actually had 9 inches in a 7 Period of about 4 hours at one time, between 1 and 5 p.m, that day, Now, I'd like to get unto the next map which shows us another picture as well. These ate our soil considerations. The bright yellow areas are those areas where ve have our well -drained, lime -rock areas or high -sandy areas. We usually don't have too many problems in these areas. The areas in white represent those locations where we have very fine soils, mucky soils, sort of mud soils along the water -front and they are poorly drained, and we show that we have most of our problems in__those_locations. Those are the areas shown in blue, our problem areas, and these are areas where we still have ponding following heavy rain. Mr. Grassie: The point of this map is that, in addition to the ground water problem you have added to it ponding, which means you have water running off adjacent land to low land and you have got this blue lakes that form. So in addition to the ground water level problem you also have the topography which tends to form basins and if somebody is living in the bottom of one of those basins and getting water off all of the neighboring property, then you get this blue -area problems, which you see are scattered out throughout much of the City. Mr. Kay: The problem is compounded in those white areas where we have the poor soils because those are precisely the areas where the ground water eleva- tion is highest to the surface of the ground. Now, you may ask the question why we --..the Manager did explain that. I'd like to go back to the first map. You'll observe that the area I pointed to, for example, you can see that that is one of our low areas, right dawn there, so the topography does come into play here. Mrs. Gordon: That's extremely interesting. Have you reduced this to a small booklet form that we might have a copy of? Is that possible, Mr. Grassie? I think this is extremely interesting. Mr. Grassie: We certainly could. Because we would be talking about a color presenta- tion it would be a little expensive, but we'd be happy to do that if you feel that it would serve you,..if you need only 4 or 5 copies we could do it that way. Is that all you need? Just for yourselves? Mrs. Gordon: Well, I'd like to have it. I think it is very important informa- tion, one that gives us a total understanding of our community and the water problems. Mr. Grassie: We'll try to prepare a Manual for you that includes the statistics annual average rainfall, and that sort of thing, so that you can speak to neighbor- hoods. Mrs. Gordon: I'll appreciate having that, thank you. Mr. Kay: Another problem I think is worthy of mentioning, it is the problem we have with our tides at certain times of the year, along the bayfront especially, and up the river a ways. We do have, of course, daily tides here in the City but more important we have a yearly cycle where we have high tides in the Spring and in the Fall. The Fall months are more critical months because we still have heavy rains in September, October, November and we still have hurricanes too. What happens is that the drainage systems that we have along the bay where we have pipes and out -falls serving those areas, the bay water gets so high and following a heavy rain, the water just cannot push out through the pipe and we end up with very low velocities of water in the pipe and, of course, it just takes longer for the water to drain off. Mrs. Gordon: Do you also find that there is a back-up or over -flow from the bay unto the adjacent properties during those high -storm times? Mr. Kay: What can happen...I haven't seen it unto the properties from the bay directly, T. have seen..we have seen the bay where it came up above or right at the level of the catch -basin grates in the streets. We have experienced that problem. Mrs. Gordon: I lived here when the Betsy storm of 1964 on the bayside of Bay - shore Drive and that's the time that we did have an overflow of the bay unto our adjacent areas and we had a salt -water flood which was devastating not only on account of the results of the water damage but the salt damage. So, this is 8 extremely important information that you are giving us. Mr. Grassie: Go ahead and move on Jim to the design consideration. Mr. Kay: I'd like to discuss some of our criteria now that we use for the design of our storm- sewers. The State of Florida on primary and secondary roads uses a criteria of a three-year storm. In other words, their areas, the roads can be expected to flood every once in three years and in our interstate highways these are 10-year storms; but here in the City our criteria is based on a rainfall of one -inch per hour, so we can expect pond- ing to have on our local streets maybe 3 or 4 times a year. So this is really does not present a problem to us; it is something that most of us can live with on our local streets. Our arterial streets --.. Mr. Grassie: Excuse Jim, I think that for the benefit of the City Commission that deserves to be emphasized; what Jim is saying is the design of local streets is such that you expect that about 3 times a year you are going to have ponding on the streets and that this remaiasthere for 3 or 4 hours before it is absorbed naturally by the ground, you know, that is something that you expect will happen. Mr. Kay: That's correct. We are not blessed with some of the topography that they have in some of the northern states where we can build systems where we have a gravity flow into a body of water. Our topography here is very flat and we have to use what we call local drainage systems here in the City. Here we see a detail of what a local drainage structure consists of. In the covered ditch areas we construct those in our lime -rock areas around the City, water enters in through the catch -basin up at the top, and if we do not exceed our criteria the water percolates back into the ground with no problems; however, if we do have intense rains, where our criteria is exceeded, what happens is that the water actually fills up in that trench -ditch and can rise above the catch -basis grate and we do have flooding in the streets, for a short period of time usually. Now, I'd like to say one word about the storm that we had here on May 4. We are looking at those areas which were hit the hardest. Those locations where you heard of flooding inside people's homes. We have spoken to some of those people at length and we are able now and have programmed some of those locations for award of a contract some time late this Summer. Mr. Grassie: In conclusion, the basic point that we want to make sure we are conveying to the City Commission is that the way our topography deals with storm water is through perculation. We absorb it into the ground and when the ground water itself is immediately below the surface or above the surface there is no place for water to go. In a community like ours you do not have storm -drains which take the water some place. You know, we have to realize that our water level A is only two feet above the ocean level, so there is no place for it to go, there is no gravity feed; the level of the water is only 2 feet above the ocean on the average, so there is no place for it to go, you see. As a matter of fact, when the tide is high, sometimes the tide is higher than the pipes that we have going out into the ocean. This is what happens, for example, in the Omni area, where actually our storm -drainage pipes are closed because the tide is higher than the end of the pipe. Mayor Ferre: Well, then let me understand this, actually then, unless we were to go to mechanical means -which would cost a fortune- there is no way, hydraulically, --it's just against nature and against physicas-- to in any way de -water the area when the water level is lower than...you know.. Mr. Grassie: What we would have to do is to take rain water and, literally, pump it uphill and shoot it out into the ocean. That's what we would have to do to get rid of water. Mayor Ferre: And there is no way to do that, really, without going to tremendous expense, so what you are saying then is we have to live with water conditions. Mr. Grassie: I think that, if we understand what our topography is and what the limitations are,we have to understand that because we do get water standing at an intersection, it's not because somebody made a gross engineering error but rather that we do have to wait for two or three hours for that absorption to cake care of that water. Mayor Ferre: Let me follow up on what Rose Gordon was saying; 1 m+suaderstood 9 A and I understand a little bit better now. It isn't that we need some copies of this for us, we really need to have this made into a brochure that is under,. standable to the average citizen so that when we get these floods and people cote in and say -look, we need...you guys, the City isn't doing such and such, we can say to them in a clear, understandable way, I think even this might be too technical...the drawings are fine but I think we need to have a one -page summary which explains where we are at, and you have to describe it in simple terms so that people who do not know too much about hydraulics can understand that the water table is only 2 feet above the sea water and when that reverses it's like pumping uphill, that people understand. Mr. Plummer: Let me just say to you, Mr. Mayor, the other day not only were the streets flooded, our phones here were flooded and I think it was summed up in thelast called that I received trying to explain to people this problem. The man said that if you'll have the Director of Public Works row over here I'll show him the problem, and I think that really said it all, and in the other 32 seconds that I have,Mr. Mayor, I just want to put on the record that on a recent conversation before this Commission about the Little Havana Ac- tivity Center, Mr. Grimm told me about that being the highest point in Dade County and I reminded him that 25 years ago, when I took a boat from S.W. 1st St. and 13th Avenue and went all the way down to the Miami River.. I would like now to say that 25 years have lapsed, the boat is gone but on the last rainy day, I called Mr. Grimm to remind him that we could still take the boat from 12th Avenue and Flagler right down to the Miami River, so we don't have to go to nostalgia, it was recent. How many seconds did that take? Mrs. Gordon: Very good, J.L. Mr. Grassie: Unless there are questions, that is all that we had on that item Mr. Mayor. Mr. Plummer: Well, let me bring out one other point Mr. Grassie. There are some real, serious, serious, serious areas. I'm speaking of 38 Avenue or 38 Court and Bird Road, I'm speaking --and I'm going to say it because she (Mrs. Gordon) can't, in front of her house-- it doesn't take much of a rain, in front of her house, to be flooded; 12 and Flagler, Omni, couldn't we in some way address that particular problem to try to improve the condition in areas that it doesn't take a 3-inch rain. Now, I think we should start trying to address that problem. Now, let me tell you the big problem at 12th and Flagler the other day. The big problem there were the merchants who were calling in that when the cars or busses in particular went by that the water was like a boat it was a wake that was going right into their stores. Maurice, what I'm saying is, there are known areas as I just -some of them I just delineated and I'm sure there is more. You take that Bird and 38 right over there, my God, a one inch rain over there and it's really bad, and I think those particular areas, if they don't do anymore than to go in with maybe a couple of dry wells to help the problem,..I don't know the answer, but those particular areas I think we should address because they are so... Mayor Ferre: Well, let's do it this way, because dry wells won't do it, you've got to put in a pumping system. Let me ask you this, if we could identify the 5 or the ten worst areas in Miami, would the Administration undertake an en- gineering study as to how much it would cost to put in a pump? Because that's the only way you can do it. Now, I'll tell you,there are plenty of experts in Florida,as you know,because the whole sugar area is water -managed that way. I've been in all the sugar cane fields around the Okeechobee area and the way they do it is by pumping water from one field to another. Perhaps it might not be that expensive in the 4, or 5 or 10 worst places in Miami..to install simple pumps. Mr. Grassie: Mr. Mayor, it will be very expensive but certainly we can do that analysis. Mayor Ferre: Are you sure it would be very expensive? Mr. Grassie: Yes, for example, the staff has estimated that the current in- vestment of the City in storm -drainage facilities at current replacement value is $150,000,000. If we converted to a positive system, that is under pressure, to get rid of water, it would cost us at least 6 times as much. Now, let's ta''k to some specific area, like the one Commissioner Plummer talked about. If you are talking about the area around Omni, the land level there is lower than high tide, Now, what that means is when we build up the street as we did recently, adjadent property ends up being a little lower, and in fact you do have you know, the water tuns some place- and surface water tends to run to whatever is lower. Now, the only thing that we can do really is we'd have to collect it in some kind of ponds and literally pump it up into the air and out into the ocean but we would be throwing water on a tide level higher than the ground from which it was coming, that's what we would have to do. Mayor Ferre: All right, I have no further questions. Mr. Grassie: It's not impossible but you can see the problems. Mayor Ferre: Of course it's impossible because what you are talking about in doing something like that is a multi -million dollar project, there is no way you are going to pump water uphill from Biscayne Boulevard when the land and property there is below the high tide level, you know...You'd have to have these mammoth pumps pumping full time. Okay, I get the picture. All right, any other questions on item No. A. I think it is very important that we put this in a very well designed brochure, inexpensive and produce it by the thousands so that we can send it to people who write to us or call us complaining. 6, DISCUSSION OF PUBLIC WORKS PROJECTS' PRIORITIES. Mayor Ferre: Item B. Mr. Grassie: This is a continuation,Mr. Mayor, of the item that we had on your Agenda the last time. You will remember that you received the list of potential projects.On the memorandum that you have in front of you from the Planning Director, he has outlined the four bases on which we have put those projects in order and those four bases are first the Federal Government's guidelines based on what they have done before where we are using those guidelines to indicate to us what it is that they are likely to give priority this next time. The second is the question of long-term benefit to the community. The third is an estimation of the need for the project within the community; and the fourth is the question of whether or not there is any other way of funding projects'so that in this fourth item what we are saying is that some projects may have received a relatively low priority not because they are unimportant but because there are alternative ways of funding them, so some things that have received high priority get that priority because there is no other way of paying for them, so with that explanation, the staff would be ready to respond to some of your questions with regard to the projects that are on the list, if you would like. :Mayor Ferre: All right, questions? Mr. Fosmoen: What we're looking for is an indication from the commission that this is an acceptable priority list so that we can put our resources to work in developing the applications for these so that we don't end up doing one that perhaps is in your mind a low priority. Mrs. Gordon: Well, there is one that I consider a very high priority that's not on here and I ... Mr. Fosmoen, you asked a question? On the question,the answer was that one that I consider an extremely high priority is not even on here and that is the Municipal Justice Building and some of these that are on here also do not have specific plans but they're on here for a grant request. So the excuse that we didn't have a plan for the building isn't the excuse at ail because you have others here. Mr. Grassie: Commissioner, when we talk... I don't know if the staff said anything about having plans, Commissioner, but if you're referring to physical plans, I believe that you brought this question of the youth center up last week and at that time we indicated to you that the city did not have a plan for the use of the building. Now that does not speak to architectural plans. What we are saying is that at this stage no one has indicated a use for the building so it is very difficult to talk about doing an architectural design if you don't know what you're going to do with the building. Mrs. Gordon: But there is no reauest for :money for the Public Works Grant moneys at all and I would imagine that if you asked for it you Might not get 11 it anyway but if you don't ask you certainly aren't going to get any money to do anything to the building. Whether you use it for one purpose or another, the occupancy isn't that specific. In fact, in many of these other requests, and I don't want to pick any one of them out because I don't want anyone to think I'tn opposed to any particular portion, but I just think that as an additional Endue ion we certainly ought to have that building. Mayor Ferre: Why don't you make it in the form of a motion. Mrs. Gordon: I would like to move that you include the Municipal Justice Building for a Public Works Grant. Mayor Ferre: Rose, I think you're going to have to word it in such a way... Mrs. Gordon: You tell me how you want it worded. Mayor Ferre: Well, I think the way to word it is that assuming that we're going to proceed with a youth center or any other governmental project, the moment that that is finalized that this immediately become one. of the priority subjects. Mrs. Gordon: Well, you have to make these requests ahead of time I believe, Maurice, in order to try to get the money if there is a time frame for requesting the money. You know if you get the money, let me say that if you don't use it for a youth center and you use it for leasing out to other... I want to do it specifically. Ok. Well then I would like to move the motion in this fashion, that we request from the Federal Government funds sufficient to renovate that building to a comprehen- sive youth center which would then include possibly a swimming pool, etc. Mayor Ferre: I would support that on this basis, Mr. Grassie; that we set deadline I forget what it was. Mr. Grassie: Two months from last meeting, Mr. Mayor. Mayor Ferre: and Metro we Mr. Grassie: Mayor Ferre: Well, if by that time we don't have any support from the Schoolboard can always withdraw. Can't we? I think we could. I think Mrs. Gordon's point... Mr. Grassie: Clark, do you have any idea whether we would have difficulty if we asked the federal government to transfer funds from a project they had approved to a different project? Would that be an insurmountable thing to them? Mayor Ferre: Clark, let me describe what the problem is. The problem is, and Mrs. Gordon I think is correct, that unless it is included in the beginning if we wait two months what's going to happen is that it will be too late and then we can't rush around. If we put it as one, you know we're asking for what, $28,000,000 worth of money, we're not going to get anywhere near that but if we include it now as we get into the short strokes of the negotiations and we'll know better about the youth center, if we're going forward with that then at least it will have been included and it can be negotiated. Now, I don't think this Commission at this point is stressing which are the priority items. We're just giving you a list of things that you can pursue and I think what Mrs. Gordon is saying, and I would agree with that is, add this to it, that way, if we do proceed then at least we're not pre- cluded... say well, it's too late, we should have done it. Mrs. Gordon: That's exactly right. Mr. Grassie: Very well, we can do that, Mr. Mayor. The following motion was introduced by Commissioner Gordon who moved its adoption. MOTION NO. 77-442 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUEMIT A PUBLIC WORKS PROJECT GRANT APPLICATION TO THE FEDERAL GOVERNMENT REQUESTING SUFFICIENT FUNDS FOR RENOVATION CF THE FORMER MUNICI- PAL JUSTICE BUILDING TO FACILITATE CONSTRUCTION CF A COMPRZFEN- SIVE YOUTH CENTER FACILITY. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote - AYES: Ocuuaissi.oners Gordon, Reboso, Plummer, Gibson and Mayor Ferre. NOES: None. 12 Mayor Vette: Are there any other programs that the commission wishes to add, delete or question? M. PluMMer: Well, let me have an understanding. M . Grassie, what you have here proposed is really a menu for them to pick from. Is that really what you're talking about? Mr. Grassie:- No, sir. They will have guidelines that will indicate to us that some projects are more eligible in their view than others and we want to have enough projects both in size and in kind so that we can meet their guidelines and meet their money requirements. Mr. Plummer: But what you're saying also is that this is not in a priority. Mr. Grassie: No, this is in a priority, it's organized in priority based on the four things that I described to you. Mr. Plummer: Well, are you for example indicating to me that on page one as listed that the new administration building is the second priority? Mr. Grassie: On this list based on the four criteria that we talked about, that's correct. Mr. Plummer: If I'm not mistaken, the policy of this commission at present is not to build a building in the downtown area. I think this came to a vote once before. Mayor Ferre: What are you talking about? Mr. Plummer: Page 1, Maurice, the second item is a new administration building and Mr. Grassie is indicating to me that that is second on their priority only surpassed by the Convention Center. It is my understanding that the policy of this commission the last time it was discussed, that that would not be done. And if that be the case I'm questioning that even being on the list much less 42 in priority. Mrs. Gordon: I agree with you on that. We never said that we wanted to have it downtown at this time. I don't recall either. In fact, just the opposite. Mr. Grassie: My recollection of the discussion that you had is that you were against putting this on the ballot as a question. ... Mr. Plummer: No, I've made the statement reduntantly (as the Mayor reminds me) that this thing has come up three times in a public referendum and all three times it's been turned down. Mayor Ferre: Yes, but wait a moment. I'd like to clarify that,if I may. I think there is a big difference in being turned down for Ad Valorem Taxes and :ion -Ad Valorem Taxes. Let me be more specific in another area where we can dis- cuss. Now, if on June 7th, I'm sorry Ernie Fannato is not here, because part of the answer to his question is if the people of Miami turn down the straw vote referendum on Ad Valorem Taxes that doesn't mean that we can't go to Non -Ad Valorem Taxes to improve the Orange Bowl. The people of Miami did not vote on that, they voted as to whether they were willing to pay taxes. Now, what the people of Miami have said, "We don't want to pay Ad Valorem Taxes to build a downtown" but that has nothing to do, and I might remind you, J. L., that you've used that very same argument and so there is a difference. Now, the people have not voted that if we get federal tax funds on C.D. or local Public Works Projects that we can't spend it in an administration building. That's up to us to decide. Mrs. Gordon: The question is,though,wculd $5,000,000 be sufficient to do the entire job and if not where would the rest of the money come from. Mayor Ferre: Well, I think it might be sufficient. Mr. Grassie: Well, you have some other sources that have already been promised. Mrs. Gordon: Such as? Mr. Grassie: Well, for example you have a million and a half from the county that they're indicated because of the Virginia Key land commitment... Mayor Ferre: A million and a half, that's going to the Convention Center isn't it? is 111 Mr, Grassie: No, that was going to go for a site but, of course, you already have a site. Mayor Ferre: Already have a site fot what? Mr. Grassie: For the Convention Center, Mayor Ferre: Oh, I see. And you mean they've backed off of the agreefaent that we had and is on the records of this commission that that million and a half was going towards the payment of the new site. Mr. Grassie: Well, they haven't backed off but they haven't gone ahead either, Mayor Ferre: But I think what I'm trying to say, Mr. Grassie, I'm getting to a point where I might be joining the majority of this commission about some of the things, there has to be a direct umbilical cord between the administration and this commission in establishing the policy as to which way we're going. Now this commis- sion is on record, and I would ask you to verify the record that that million and a half dollars is to be specifically used in helping us pay the land which we bought from the Feinberg family, 41 million dollars,and that there was a commitment prev- iously made by Metropolitan Dade County that that money would be used for that pur- pose and there was a presentation made by Paul Andrews to this commission that that's where that money was going to be used. Now you're saying that, I don't want to get into a discussion about it but I respectfully submit to you that that is not the policy of this commission. Mr. Grassie: We're not bringing up a policy question, Mr. Mayor... Mayor Ferre: I am. Mr. Grassie:.s I understand it the history is a little different than you remember.. My impression is, and you were here and I wasn't, my impression is that Dade County promised you a piece of ground. Mayor Ferre: That's correct. Mr. Grassie: They never attached a dollar value to it. What they said was that they would give you a piece of ground. Mayor Ferre: That's correct. Mr. Grassie: Now, since the city has acquired a piece of ground the previous adminis- tration did talk with the county about converting that into dollars. Mayor Ferre: That's correct. Mr. Grassie: That has been discussed back and fourth over a period of time. Mayor Ferre: And a commitment made. And the figure was a million and a half. Mr. Grassie: I hope you're right. Mayor Ferre: And the money was to be used specifically for the purchase of the Feinberg property and Mr. Paul Andrews, if you'll go back in the records, in that same microphone made that statement and I'm talking specifically about a sum, a commitment and it is a policy. Mr. Grassie: All I can tell you is that they don't understand it that way. Ok? Mayor Ferre: Then I would request, I would like to ask of the administration through the Clerk's Office to go back into the records and find cut the statement made by Paul Andrews during the discussion on the purchase of the Feinberg property as to how we were going to pay for it. There was a chart that was made and it was put before us and in that chart there was a million and a half dollars coming from Metropolitan Dade County. Mrs. Gordon: That, I recall too. I recall that and I also recall the earmarking for, and even, in fact, the payment was going to be if I recall, Maurice, in three payments. Mayor Ferre: That's correct. You've got a good memory. That's correct, Mr. Grassie; I hope you're correct because we can use some money but all I'm tell, u g you is that I don't believe that that's what they understand. 14 Mayor Ferre: Mr. Grassie, I'm not discussing with you what they do or they don't understand. I'm discussing to you what was represented before this commission by ydur predecessor and it's on the record and we voted on it. Now whether or not they want to go back on it or whether or not they understand it or you understand it I'm just telling you what happened. Now I would like then for you to report back as to (1) ate we correct in our memory, (2) was there a commitment made, who was it made by and when, (3) did Mr. Paul Andrews lie to us or misrepresent and, (4) is that commitment still binding. Now I know Mr. Andrews wouldn't come here and misrepresent a lie and if he came and said what he said he must have had a basis for doing it. Mr. Grassie: I'm assuming you're right. Mayor Ferre: I'm assuming I'm right too. Mr. Plummer: Well, Mr. Mayor, let me just make this comment. Under no circumstances if this listlas presented,is in priority do I agree with it. Mayor Ferre: Mr. Plummer, this is why this is being brought up to you. Mr. Plummer: Ok, well I thought it was for discussion, not for a vote. But I, for one, Mr. Mayor, just let me give ycu an example: If I understand this thing correct- ly we need $623,000 of much needed repair to the Marine Stadium. Mayor Ferre: How much? Mr. Plummer: According to this $623,000. But look at what they have just ahead of it, something a demolition of an existing building and construction of a new. Mayor Ferre: What's that for? Mr. Plummer: For Fern Isle, I don't know. But if we've got 600,000 of needed repairs to the Marine Stadium why are we even addressing Fern Isle? It don't make sense. Mayor Ferre: Well, Mr. Manager, may I respectfully request that the administration in two or three sentences per item describe to us what this is and why you have ear- marked this. I also have a question and that is I see things in here that we're already getting funded. For example, aren't we getting, oh that's Bayfront Park, I beg your pardon. Ok. Now the Convention Center, Little Havana, Ok. Would somebody in the administration kind of give us a little description of all of these? Mr. Grassie: Are you speaking specifically of Fern Isle? Mayor Ferre: No, sir, I'm speaking of pages 1 through page 5 and I think if I'm not mistaken there are 15 items there and you are asking this commission to make a decis- ion or to be informed and this is the very first time that J. L. Plummer or Maurice Ferre, the Mayor, has seen Fern Isle Nursery Mr. Plummer: I saw it before but I was not of an impression.... Mayor Ferre: It was earmarked for a million and I'd like to know what the logical process was in determining that a million dollars should be spent on Fern Isle as the 9th item, and I just took that as an example. Would somebody describe these to us? Mr. Grassie: Yes, let me describe the process again and then we can talk about the specific projects if you wish. Mr. Plummer: You've outlined those. Mr. Grassie: You know that you asked us to develop projects sometime back in an amount of money sufficient to make sure that the city was covered under almost any event- uality. What we did was we asked all of the departments to come up with projects that based cn the guidelines of E.D.A. would be likely to fit and would be likely to be fundable by the federal government. Mayor Ferre: Right. Mr. Grassie; They did that. Mayor Ferre: I understand. Mr. Grassie: Cne cf those projects happened to be Fern Isle. Mayor Ferre: I don't understand. I don't understand what community building On Grand Avenue a.s. What's that? 15 Mr. Grassie: Well, as I say, I'm trying to describe the process and then we can talk about each individual project if you would like. Now the reason the projects ate on is (1) we asked the department to identify them, they did, we evaluated them against the four criteria that we told you about and based on those criteria which have to do with what the federal government has funded before and also has to do with whether or not the city has other funds for these kinds of projects, based on thattthey appear on this list. Now, if you would like questions answered about specific projects we can start at the beginning. Mayor Ferre: Would you start with page one and go to page five. Mr. Grassie: Yes, we can start at the beginning and simply go down the list. Mrs. Gordon: Mr. Grassie, was it really your intention then or your staff's this be prioritized as it is listed? Maybe that wasn't the intention, maybe just happens to be.... Mr. Plummer: No, I've already asked that question. The answer is yes. Mrs. Gordon: Because the storm drainage which we just had the nice display a few minutes ago is almost down to the end of the list. Mr. Grassie: Right, and the reason for it is if you look at the four criteria for evaluating priorities is based on what the federal government has funded before; things like whether or not there are other sources of money. You know there are other way of paying for storm drains. There are not some other ways of paying for some other things. that that Mayor Ferre: Rose, may I interrupt and ask the Manager just to start with one and go right through? Mr. Grassie: Mr. Fosmoen has been working more closely with it than I with the departments on this list, he'll start out on it. Mr. Fosmcen: I think that think .I need Mayor Ferre: why not 4? I may violate your ten minute rule, Mr. Mayor, but I'll try not to. you're all familiar with what the Convention Center project is. I don't to touch on that. Well, can I ask one question on that? Why 5 million, why not 6 or Mr. Fosmoen: Five million is the maximum funding building again, that represents a maximum funding 147,000 square feet in a five story building on a level. The new administration level, we would expect about site in the downtown area. Mr. Plummer: Where does this come about? Mr. Grassie: I don't understand the question. What do you mean where does it come about? Mr. Plummer: Well, who is talking about a five story building, 147,000 square feet? Mayor Ferre: It's in the Master Plan for the Goverment Center. Mr. Plummer: Whose master plan? Mr. Grassie: Your Master Plan. Your city has been talking about this for 15 years and you've been telling people for years that you were going to build one just south of the Police headquarters. Mayor Ferre: Let's keep on going because we understand the next one, Orange Bowl. Mr. Fosmoen: Do I need to comment on the Orange Bowl? There are two phases that were anticipated, construction of a permanent upper deck with about 4700 seats and Phase II, replacing existing structural steel decks and bleacher -type seating in lower 17 rows, total cost of the project of 3.1 million dollars. Mayor Ferre: I'd like to ask this question. If we're not going to get a permanent agreement with the Dolphins why should we spend any money in improving it? Are these necessary? Are these maintenance things, or what? Mr. Grassie: Well, we're still operating cn the assumption that we may get an agree- went with them. 16 Mayor Ferre: So in other words item #3 in the priority is dependent on that Mr. Fosmoen: The Orange Bowi Parking? Mayor Ferre: Let me be very specific. Item #3, Orange Bowi Improvements, I would vote against that if it comes to a vote unless we have some kind of a commitment from somebody to use that stadium to pay for that. Now you may say that's a chicken and egg situation but I'll tell you we aren't going to be the chicken. We've got other things to worry about other than improving the Orange Bowl if the people of Miami are not willing to spend Ad Valorm Taxes (1), and (2) unless Mr. Robbie comes forward. We're going to spend any $3,000,000,the way I see it}unless we have a reason to do it. We've got other important things to do in this town. That's certainly not my third priority, I don't know about the rest. Any other questions? Little Havana? Mr. Fosmoen: Little Havana was included in the original package of submissions and it would involve buildings A and B, a renovation of building A for an auditorium, a theater facility. I think that has been discussed at this commission at some length. Mrs. Gordon: I have a question. If you receive this sum of money in together with the previous monies you have allocated isn't it possible to start and construct a building to the specifications and needs of the community than rather trying to sal- vage the building that is so obsolete? Mr. Grassie: ARe ycu speaking, commissioner of the church sanctuary building also? Mrs. Gordon: I'm speaking of the whole development and nobody misinterpret my intent- ion. My intention is to have a community center of the very finest possible kind of center for the community and I don't see the present buildings as being the nucleus for that kind of a thing to happen. Even if you pour this kind of money into it it is still going to be an old building renovated. Mayor Ferre: Well Rose, we've been through that ... Mrs. Gordon: I know but I'm just expressing myself. We didn't have $3,000,000 before and now we're talking about 312 million dollars, 27 here and 8 before,.. or 9,and that is a lot of money that could really develop. If you're going to figure on a brand new city hall for $5,000,000 which is five stories high with all kinds of massive improvements and 125,000 square feet or something like that here you're talking about a sum almost as high, not quite, two thirds of it,and you're going to end up with a very inadequate facility. Mayor Ferre: Well, it's a valid point. Mr. Grassie: You understand that until we get some indication from you that that's an option, that it is an option to consider tearing down the entire structure, we are not considering it an option. Mrs. Gordon: I believe that if the_ community were presented with a choice, they might buy the choice. Mayor Ferre: As I recall, we had a public hearing on that. The president of the community development, of the C.D. area and others that were present including Presi- dent Sabines of the Chamber and many people expressed that they did not, the President of the Cuban Museum, Mrs. Minon-Medrano... Mrs. Gordon: Nobody had 3,000,000, Maurice. Mayor Ferre: Well Pose, look it just came down to this: How much would it cost... Here was the key question: How much would it cost to tear everything down and re- build it new, what we have out _here? As I recall it was double the figure. Mrs. Gordon: Yes, but you wouldn't put up the way you have it now, Maurice. You've got a lot of wasted space there now that you can't utilize and a new building would not have the same proportion of buildable area and usable area as you have in that building. I want to tell you what I think. I think that the Little Havana area is undergoing a change and it is possible you may have new leadership and if you have new leadership ycu may have new ideas. And, if in fact, this should come about it wouldn't surpise me one iota if they come back here and say, "Look, if you have 311 million to spend that we'd rather have a new building." Mayor Ferre: I think that's reasonable, we only have another week to wait and at the end of the week we'll see if there is new leadership and _hen 1 think that's a valid point. .end if there is no new leadership,I assume that there's not going to beathat's going to be the will of those people out there and we're going to stick to what they're recommending. So let's go on, Orange Bowl Parking Garage. 1111111111111101.4 •III I 17 P M. Fosmoen: I think we all recognize the parking problem at the Orange Bowl, this project would provide for something less than 1,000 cars, 1,000 parking spaces at the Orange Bowl. Mr. Plummer: The original proposal was that the Off -Street Parking Authority would build it because if we build it they still have got to run it.... Mayor Ferre: Again, my same comment with regards to spending $4,000,000 on a park= ing garage which is going to be used 15 times a year, twenty times a year. Mr. Plummer: Maurice, and I don't mean to belabor the point, it was in the original proposal that a thousand car parking garage, that there would be a shuttle bus system from the Orange Bowl Parking Garage over to Metro where it could be used on a daily basis. Mayor Ferre: You're talking about the Hospital Center? They just built a'brand new Mr. Plummer: Yes, and they are still... Have you been over recently to try to go to the courts? Forget itl Mayor Ferre: Well look, that's fine with me. I'm just telling you that in my peck- ing order that ain't high. Mr. Plummer: Oh, I agree with that. Mayor Ferre: Ok, let's go on to the next one. Mr. Fosmoen: Community buildings, there are a number of projects suggested under the general heading... Mayor Ferre: Well how about Bayfront Park Auditorium? Let's get that one. Mr. Fosmoen: Oh, I'm sorry. That was included in the original list of projects and would include the remodeling of the auditorium and redevelopment of the north portion of the park not requiring a permit. If we included that portion which re- quires a permit at this level on the priority list we might run into some Environ- mental Impact Problems and not be able to get it started_in time._ The_community buildings.. there are several projects proposed under the general heading of Community Buildings including the renovation of the existing building at Grand Avenue, i.e. "Old Smokey", construction of a community building at Moore Park, construction of adult activities center at Curtis Park, demolition of existing community buildings at West End Park and construction of a new community building there, demolition and site preparation for a new community building with meeting rooms and arts and crafts rooms at Morning - side Park. The total estimate on all of those is 1.2 million. Rev. Gibson: Let me ask a question, Mr. Fosmoen. Is that why you all want to close that street because you're going to renovate "Old Smokey"? Mr. Fosmoen: No, sir, the proposal to close the street involves the park design. Rev. Gibson: Park design? Mr. Fosmoen: Yes, sir. Rev. Gibson: I'd better speak to this right now. I get very upset and disturbed about closing streets around here. You know I'm not an authority but I'm becoming very sensitive to how inaccessible certain areas are when there is a fire or when you call the police. You know, I don't know what you're going to do about no park. Now you know you all are trying to make a park convenient for a Dade County Public School and that's a corn in my crawl. From what I'm saying, I want to serve notice on you to the way I'm going to react when you bring that item up. Ok? Mr. Fosmoen: That item will be coming up before the commission very shortly. There has been at least three hearings before the Zoning Board and there is support from the community for closing that street and we would expect that item to be up at your next Planning and Zoning Meeting. Rev. Gibson: I just wanted you to know because I live there. You all don't live there and you know I've seen, we tried to cut a street through there before and a lot of these staff people know that story. Thank God I'm up here. Mr. Fosmoen: We've spent a great deal of time on that with the neighborhood, com- missioner, 15 Rev. Gibson: I've been there 31 years with it. Mr. Fosmoen: I understand. Mayor Ferre: All right, next item. M. Fosmoen: Improvements and renovations are proposed to the Miatii aaseball Stall., ium including replacing the existing press box, 3500 chairback seats, about 2,000 feet of chain link fence and improvements to the public address system. The estim= ated cost is $804,000. Mayor Ferre: Do you agree with that, Mr. Grassie? Mr. Grassie: That it be done? Well, it's this kind of problem, Mr. Mayor, the com- munity has built the facility. It apparently intends to operate it. Now, either you're going to have it in physically top flight condition or you're going to run a rundown poorly maintained facility. Mayor Ferre: Who made that decision? Mr. Grassie: Decision with regard to building the facility? I assume the City Com- mission did. Mayor Ferre: With regards to spending $804,000... Mr. Grassie, that,as you know, that stadium was built 25 years ago so there's nobody on this commission that remembers that. Obviously the commission... Mr. Grassie: Well what are you asking me, Mayor? Mayor Ferree What I'm asking you is..I'm.using with you the same logic and sentence tnat you have used with me regarding the Orange Bowl and you say, "Mayor, until the com- mission settles down and makes decisions as to what is logical in the future and projects the alternatives how can we go about the proper expenditures of monies?"... I ask you, Mr. Grassie, until the commission settles down and reviews the process of what the future is of baseball in Miami how can you earmark $804,000 for something that we haven't discussed or decided? Look, you want me to put it another way? That's a rundown,dilapidated,obsolete baseball stadium that can seat 18,000 people. It is not a major league stadium, it has serious problems of parking, much worse than the Orange Bowl, it is in a neighborhood in which people are not prone to go because if you will look at your police records tires are slashed, antennas are bent and all kinds of things happen in that areal it is a major loser of money, so it's neither fish nor fowl. It doesn't make any money. Mr. Grassie: That's not true. Mayor Ferre: It doesn't have any futureiand we're going to go spend $aoo,000? — Mr. Grassie: Mr. Mayor, I think I understand the direction that you're headed. If the City Commission were to decide today that you want to build a new stadium you probably wouldn't have one for five years. I guess the question is within the scheme of what we're doing right now,which is to present a balanced set of projects both in terms of the amount of money and the kind of project, and keep in mind that we're talking about the kind of projectbased on what the federal government is likely to fund. Now, on that basis, does it make sense to ask for federal money for this partic- ular purpose? You have a new owner of the Miami Orioles, they're interested in improv- ing the stadium and making the team better. They want to upgrade that team to a higher league. The Baltimore Orioles would like better facilities, they want to con- tinue coming here. New does it make sense in that context to talk about spending some money if we can get it from the federal government? Mayor Ferre: Well, for example, as compared to Dinner Key :Marina Rehabilitation in this one -fifth vote the answer is 'nc'. I would put Dinner Key Rehabilitation way above spending $804,000 at Miami Baseball Stadium. Mr. Grassie: Well, I think that if those were strict competitors so would most every- body else. :Mayor Ferre: Well then why is it substantially higher in level than Dinner Key Marina Rehabilitation which is on page three? "Mr. Grassie: Simply because it is very likely that we can find another source of money for Dinner Key Marina, we can fund that another way. The stadium, I don't know how we're going to fund it if we don't get this kind of money. 19 Mayor Ferre: Ok. Look, I just want to know what your thinking process is. I understand it and I accept it. All I'm asking you to do is to share it with this commission so that we're not out there in the dark while you're going ahead doing everything in the city. That's all. That's fine, I understand the logic of it and I accept it. Any other questions on the Miami Baseball Stadium? Fern Isle Nursery, a million dollars. Mr. Fosmoen: Fern Isle Nursery would involve the demolition of a number of existing buildings and the construction of new buildings to accommodate park equipment repair services and facilities. The existing structures at that site are termite ridden, the buildings are inadequate and inefficient and the recommendation from staff is to include $1,047,000 for a new facility. That will in effect make for a more effiw cient park maintenance operation. Mayor Ferre: Is that the park maintenance shop? Mr. Grassie: Yes, sir. Mayor Ferre: $30 a square foot for a maintenance shop? Mr. Fosmoen: The demolition is $40,000, there's 34,000 square feet proposed, approx- imately $30 a square foot and that at this point is an estimate. Mayor Ferre: How much is the garage that we're building costing us? Nowhere near that. Mr. Grimm: The fueling facility, Mr. Mayor, was about 468,000 and we have not bid the major portion of the garage yet. That's going to be bid next month but our estimate on that is about 1.8 million dollars or 60,000 square feet. Mayor Ferre: Ok. Miami Marine Stadium. Mr. Fosmoen: The next project proposed is improvements to the Marine Stadium includ- ing structural repairs, a permanent barge cover, some picnic areas, improvement of the sound system. improvement of the parking lot and recoating of the entire grand- stand roof along with renovation of the dressing rooms at an estimated cost of $623,000. Mayor Ferre: A11 right, any questions on the Marine Stadium for $623,000? Next utilities for ship dockage at Bicentennial. Mr. Fosmoen: I think that the commission is fairly familiar with this item but it would provide sanitary sewers, water and electrical service to Bicentennial Park and it would provide for ship dockage next to the park for essentially display ships such as tall ships, Navy ships and so forth. That's a fairly small item. Mayor Ferre: Yes. Dinner Key .farina Rebuilding. !� Mrs. Gordon: I think you ought to move that, it is a small item, up into a more prioritized position. I do think that would be an improvement to the area. Mr. Fosmoen: I should note that there are some small items interspersed simply so that we can capture all of the dollars so that if we get down the list and we have two, three or four hundred thousand dollars remaining in an allocation to the city that we have some small projects to plug in. The Dinner Key Marina Rebuilding which would include principally the renovation to the electrical system and structural repairs to the existing docks, finger piers at an estimated cost of $2,000,000 total. Mrs. Gordon: Mr. Grassie, what other resource areas do you have beside this for this renovation? Mr. Grassie: The assumption has always been, Commissioner, that when it comes to marina facilities that because of the revenue nature of the facility that it is possible to make major improvements based on revenue bonding. Mr. Fosmoen: The next project is Bayfront Park Phase IV which is that portion which would require a permit. We're concerned very frankly that the permitting process might slow this down and what we would like to try, we understand that the state will be speeding up the permitting process for local Public Works Projects. So if we could at least obtain through that process the permit for this that would get us another step toward completion of Bayfront Park. The next project is resnacadamizing on a city-wide basis approximately 130 miles of city streets of $2,000,000. Local storm drains, approximately 350 local drainage structures could be provided throughout 20 the city to resolve some of the drainage problems. But again in this instance you do have some storm drain bond funds available. Curb and gutter replacements city wide, approicimately 160,000 lineal feet of curb and gutter replacements. A tree planting program, it's estimated that about 2,500 trees could be planted in the pub= lic right-of-way at a cost of $500,000. There are several additional projects for consideration. However, these are pretty far down the list and the likelihood of these being funded is fairly small but these are additional, three additional pro- jects that could be considered particularly for fillers, if you will, so that we could capture the total allocation for the city: Belle Meade Island Bridge, solar heater at the Heavy Equipment Servicing Facility and some additional marina improve- ments including baybottom clean up. I should point out to the commission that each of these applications involves about 21 inches worth of paper work and one of the things that we wanted to make sure of is that we've put our resources to work where the commission feels the priorities are. Mayor Ferre: I'd like to on the record give you the way I would have personally prioritized these items and if the rest of the commission wants to do the same it's alright with me. As I read this I would say my priorities would be as follows: (1) Convention Center, (2) Little Havana Community Center, (3) Bayfront Park Auditor- ium, (4) Bayfront Park Phase IV, (5) Miami Marine Stadium, (6) Utilities for ship dockage at Bicentennial Park, (7) Tree planting program. Mrs. Gordon: Put the youth center in somewhere in your priorities. Mayor Ferre: Oh, I forgot that. That's not in here. Yes, I'd put that somewhere, well certainly within the first five; and marina improvements and that would include Dinner Key, Dinner Key if you want and then marine improvements. That's ten. That's the way I would... I'll repeat that if you want. (1) Convention Center, (2) Little Havana Community, (3) Bayfront Park Auditorium, (4) Bayfront Park Phase V, (5) Ycuth Center, (6) Miami Marine Stadium, (7) Utilities for ship dockage at Bicentennial, (8) Marina improvements, that would include the Dinner Key Marina. That's nine. Well anyway... Mr. Plummer: Mr. Mayor, may I ask that something be interjected? I think Mr. Grimm is well aware. Mr. Grassie, we have a study which was done. One of the reasons we found when we did a study is that the Marine Stadium is not utilized as much as it could be was because there is a $750 charge to the applicant for the use of the barge which we then came up with a devised method of engineering of eliminating that $750 and not having to do it by tug or by boat. Do you remember? Ok. All I'm say- ing is I wish the administration would include in the Marine Stadium the money it would take to utilize that study which was done so that, in fact, it will make the stadium more accessible to more people at a more reduced fee. So I'm hoping that that can be included in the Marine Stadium Improvements. Mayor Ferre: A11 right, anybody else want to make any comments? If not, I'll tell you my recammendation is why don't you each write a memo to the Manager and state to him your priorities and then perhaps you might schedule it again, Mr. Manager. Mrs. Gordon: How much time do you have, Mr. Grassie, on these applications? Mr. Grassie: Well, of course, all the time that passes is time that we don't have to prepare the applications but we expect within a week to have the state designat- ion available and we expect to turn in our applications by the third week in June as I recall. We have about 30 days. Mrs. Gordon: Almost a month from now, is that it? Mr. Grassie: That's correct. Mrs. Gordon: Well, I'm going to, do you want us to speak about this now or not? Mayor Ferre: No, I'll tell you what let's do, Rose, I think what we ought to each do... J.L., will you listen just for a second and would somebody tell Father when he returns, why don't you write a memo to the Manager giving him your top 10 prior- ities. Mr. Manager, then you use that as a guideline and I would schedule it to come back with another memorandum of what the commission's will is on this for an- other discussion at the first meeting in June. Ok? Any... Now, I think we can go onto Item (c) . AUTHORIZE CITY ATTORNEY TO NEGOTIATE AGREEMENT FOR SPECIAL COUNSEL ON F.ESCt PROPERTY CONDEMNATION PROCEEDINGSt Mayor Ferret Now we go on to item No. C. Mr. Knox. Mr, Knox: You have before you a memorandum from the office of the City Attorney regarding the negotiations with two of the three attorneys which we considered to serve as special counsel for the condemnation of the F.E.C. property. The City Commission instructed the City Attorney's office to negotiate with these attorneys for a fee based upon an hourly rate. We did that and Mr. John Farrell indicated that he would not be interested in an hourly rate at all, whereupon we did negotiate with Mr. Leon Black and he submitted a proposal which indicated a schedule depending on which attorney handled the matter of hourly rates, including paralegals. He also indicated that this is just for trial work. He agreed to a cap of $250,000 in attor- neys' fees for the trial work and there would be separate fees for any appeals that may be necessary. He further indicated that he didn't anticipate that the fee for the appeals would exceed $25,000. Mr. Black also indicated what he caracterized as a po- tential conflict of interests inasmuch as he is committed --his firm is committed to represent the owners involved in the condemnation for the Latin River Front Park. On investigation and conversation with Mr. Leon Black we developed for criteria standards which are to apply in order to determine whether or not there is in fact a conflict of interest. Mr. Black indicated that there would be no interference with his ability to exercise independent professional judgment in representing the City. He also indicated that the City would have his undivided loyalty with respect to this case; he further made full disclosure to the City of the circumstances involved in this dual repre- sentation. The only question which remains is whether or not the City will consent to his representation under the circumstances that he has set forth. Pursuant to Mrs. Gordon's requests I also spoke to Mr. John Farrell again and he made some adjustment in the proposal that he originally offered. Originally he asked the fees to be 11% of the City's highest appraisal and these fees would include all the trials and appeals. Since that time he has modified that somewhat and said that he would accept a fee of 11/2% of the average between the highest and the lowest City appraisals. Mayor Ferre: Yes, that's all outlined in the memo that we have before us. Mr. Knox: So, the question is a determination by the City Commission of which of these attorneys should represent the City. And I should also indicate that Mr. Toby Brigham indicated that he would voluntarily withdraw from consideration. Mrs. Gordon: May I? Excuse me, I also wish to speak to the issue with regard to the potential conflict. I don't see that as a conflict because attorneys are in business to represent clients and they get paid to represent a particular client and I don't -think that... Mayor Ferre: On a particular piece of property. Mrs. Gordon: Exactly, and has nothing to do with who else they represented some other case. I would, if it is all right with you Mr. Mayor, move that we cast a recommenda- tion. Mayor Ferre: Well, wait, wait a minute, let's discuss this a little bit before we do that. Now, Mr. Knox, as I recall you had recommended three attorneys and they were Farrell, Black and Brigham. Now, did you also discuss this with attorney Brigham? Mr. Knox: Mr. Brigham called and indicated that he would not...he did not desire to continue to be considered for this... Mayor Ferre: I see, so in other words, we are then down to Black and Farrell. Mr. Knox: Right. Mayor Ferre: Well, I see, from this memorandum, as I read it, that number one, Mr. Black is the lower of the two since he .says he will put a cap of $250,000; Farrell says he'll put a cap of $300,000. Mr. Black further indicates that he would expect it would be less than that and he also stipulates the $25,000 for any appellate work. Mr. Knox: Well, he only made an estimate, he did not commit himself to a cap. Mayor Ferre: I see, in other words. he is on an hourly basis.,.Is the rate of $200 an hour for him a reasonable figure? 22 Mt, Knot: Yes, Sit; as a matter of fact, he specifically indicated that this was in the nature.,.or an acnot odation to represent a public entity in that it is somewhat less than the normal rate. Mt. Plummet: At $200.00 an hour? Mayor Ferre: really burns but 1 am not Mr. Plummer: $200.00 an hour is hardly an accommodation, 1'll say, that me up. You know, almost on that I would vote against the guy going to because 1 think.... Tell him we can't take any more of his charity. Mayor Ferre: Can you imagine anybody saying that he is going to be paid$5000000 to $250,000..,and that's a charity? Well, okay. Mrs. Gordon do you wish to make a motion? Mrs. Gordon: Yes, I will move to accept the Attorney's recommendation that the hourly basis which we have indicated was a preference to us._The only attorney who has agreed to that and has also capped his fee...it seems to me to be the most reasonable approach and I would so move that we give Mr. Knox permission to proceed to negotiate a final agreement with Mr. Black. Mayor Ferre: Mr. Plummer: Mayor Ferre: Mrs. Gordon: Mayor Ferre: what we need Mrs. Gordon: All right, there is a motion is there a second?' Ask the question twice and let it die. Well, then how...we need, we are going to need an attorney. Wait until Father Gibson gets back in the room Mr. Mayor. Look, it's not going to get a second evidently now; I think to do.. Unless you want to second it. Mayor Ferre: No, let's wait until Father Gibson comes and then we'll see. Mr. Plummer: Excuse me, Mr. Mayor, may I make a question? Mr. Knox, perhaps I missed it. What is the difference?...Is there some big difference between Mr. Black and Mr. Cunningham other than the $200 or the $14.45? Mr. Knox: Well, Mr. Flinn and Mr. Cunningham are paralegals who only do research, they are not attorneys. Mr. Leon Black is Mr. Leon Black. Mr. Plummer: Well, what's the difference between Mr. Brian Patchen and Mr. Black? Is Mr. Patchen an expert in the field? Mr. Knox: Well, all of them probably are but Mr. Black's name is on the masthead. In other words, the fees... Mr. Plummer: I am not paying for a name, I am going to tell you truthfully. Now, if Mr. Patchen...I'm assuming that if that name is here, you have considered him to be one of the people who could represent the City ade- quately. Mr. Knox: ?.11 those individuals are part of that lawfirm. Mr. Plummer: What? All four of these names are part of the same lawfirm? And one will work for $100 and the other one will work for $200? Mayor Ferre: I think that's like saying you are going to get open heart surgery and you are going to go to Houston. Now, of course, Dr. Debackey will charge you $5,000, now you can have your heart cut open by his as- sistant for $2,000. t, Plummer: Isn't that nice, I'll do it a lot cheaper. Mr. Reboso: Mr. Knox, let me ask you a question. What happens if we win the case against Mr, Cox and Mr, Cox says that he doesn't accept because we are hiring Mr. Black and,.., 2 • Mt, Knox: Well, the same representation Mr. Black made to us...he has if:di- ated that he is in the process of or will make to Mt..Cot...in other wofds, everybody will understand what's happened. Mt. Reboso: Well, but it's a conflict of interest because maybe Mt. Cox doesn't accept the veredict. Mr. Knox: Well, Mr. B1ack..I just talked to him yesterday and he indicated that he did not anticipate that Mr. Cox would have any objection to his repre' senting the City on this matter. Mr. Plummer: Yes, but it does say that his first loyalty is to his client. Mr. Knox: Well, I think what that sentence means is that we are in the process of refiling an action against Mr. Cox and at this time, since the action has not been filed, he is just indicating to us that he will represent Mr. Cox when the action becomes live. Mr. Plummer: Well, Mr. Knox, let me ask you a practical question --this City at this point, and I am going to --maybe-- be on some tender toes here. This City at this point has not determined in fact how much litigation we are going to go forward with pending the outcome of the appraisal, correct?..Now, doesn't it make sense..which usually as I see, one of the attorneys here spoke of a percentage of the appraisal...that if conceivably, just for argumentative's sake, we went with only half, --that in fact the legal fees would be half of what we are talking about here? Mr. Knox: Well, but then the number of hours devoted to the case might be reduced by half also. This is only a possibility of course. Mr. Plummer: You are also telling me...because I'm going to use Father Gibson's terminology. You have...how many lawyers in your Department? Mr. Knox: Thirteen. Mr. Plummer: Thirteen lawyers, including yourself,..and there is no one that can handle this case in house. Mrs. Gordon: May I speak to the..? Mr. Plummer: I'd like him to answer. Mr. Knox: No, Sir, if you will recall now famous meeting of January 26th, we indicated that - number one, at the the time because of our condemnation... our in house condemnation attorneys' workload, and number two, because of the importance of the case that it may be wise for us to seek to have special counsel to represent us. Another reason is that, historically, in condemna- tion matters the reputation of the attorney who represents the various parties is somehow a consideration. Mr. Plummer: Well, you know, that doesn't speak very well of your profession. You are going on the merits of the case or the reputation of the lawyer, and I'm not speaking to any one of these that listed here. :sirs. Gordon: I didn't hear your comment, J. L., I'm not following you. Mr. Plummer: My comment was that we are in a hell of a position when we are worried more about the reputation of the lawyer that is representing us than we are about the merits of the case. Mrs. Gordon: Well, you know, you had a mandate from the people of the City of Miami to proceed to purchase this property and if you needed counsel to assist our Department, you are just, in my opinion, if you are not doing that you are not doing everything in your power to acquire this property. Mayor Ferre: I agree, let's put it to a vote. I'll tell you what...ladies and gentlemen the Chair takes the prerrogative of moving along on this, we've discussed this sufficiently; I would like to recommend that we do this. 'ae have got two candidates before us, It seems to me that we can vote for one or the other and I think we should write it on a piece of paper, and whoever gets the majority gets the majority, and that's it. Mrg. Gordon: M. Mayor, I don't have any strong objection to either one, t only go with one because I know that he can do the job, there will be no conflict of interest and the price is cheaper; and also it's an hourly basis so that if he doesn't have to work as much, he will get paid less. Mr. Reboso: I disagree Rose, I think it's a conflict of interest because the lawyer representing one client against the City in one case.... Mrs. Gordon: Well, then move the other one if you don't want him. ;Sr. Reboso: Well, the other one I would move him if the City Attorney thinks...can we get him for $250,000, for the same amount? Can we make an offer? Mr. Knox: We can make an offer and I'd have to contact him, this is a modified proposal that he submitted but I can check with him and see if he... Mr. Reboso: Well, subject to that it will be the same amount, I prefer to go with the one that doesn't have any conflict of interest. Mrs. Gordon: You know, I don't want to mention the party's name, but I ran into two people who are in the judiciary and I mentioned the subject. Is it possible that it could be considered a conflict of interest if an attorney represented another client against the City and if we hired the same attorney to represent the City in another case. Now, if this attorney represented the owner of this parcel of property against the City, that would be a direct conflict of interest, certainly, but this is another owner, this is a ridiculous simile. Mr. Reboso: But from where did you get that legal opinion, Rose? Mrs. Gordon: I received it as an unofficial opinion, I don't want to mention any names. Mayor Ferre: All right, look, I think what we ought to do is this, Father, may I recommend, let's not discuss this any more. We have two names before us, one is Black and the other one is Farrell. Why don't you take a piece of paper and write down who your preference is, your name, and pass it down. Whoever gets the majority... Mrs. Gordon: Mr. Mayor, I'll make a motion and we'll see if the motion fails, if it fails then the other one is automatically the one.. I move you that we ask Mr. Knox to proceed with a contract with Mr. Black. Mayor Ferre: All right, is there a second? Look, if you want to do it..I have no objections... Mrs. Gordon: Why don't you second it and get it on the table?... Mayor Ferre: I'll second the motion and I'll get it on the table. Further discussion (GAVEL IS PASSED TO VICE MAYOR (REV.) GIBSON)... Rev. Gibson: All right, call the roll. ON ROLL CALL, VOTES WERE CAST AS FOLLOWS: AYES: Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Vice Mayor (Rev.) Theodore R. Gibeon ABSENT: None. Mayor Ferre: All right, is there...? Mrs. Gordon: Okay, I move you that we ask the attorney to negotiate a contract with Mr. Farrell and that...well, that's is,., Mx, Reboso: Subject to that the price is not more than $250,000. MIS. Gordon: A11 tight, request that he meet the ptice at $250,000. Mayor Ferte: All right, there is a motion.. Mr. Reboso: Second. Mayor Ferre: There is a second; further discussion. call the toll. The following motion Was introduced by Comttii.ssioner Gordon, who moved its adoption: MOTION NO. 77-443 A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO NEGOTIATE A FINAL AGREEMENT WITH JOHN L. FARRELL, ESQ., AS SPECIAL COUNSEL IN THE F.E.C. PROPERTY CONDEMNATION PROCEEDINGS SUBJECT TO HIS AGREEING TO A FEE OF NOT TO EXCEED $250,000. Upon being seconded by Comissioner Reboso, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. 8. DISCUSSION ITEl: PossiiLE PURCHASE OF MILEY PROPERTY (DEFERRED TO LATER, IN SAME MEETING), Mayor Ferre: All right, the neat item before us, Item D, Report on Monty Trainer negotiations. Mr. Grassie: Mr. Mayor, this item comes back to you under somewhat difficult circumstances. You have the recommendation that I sent out to you several days__ ago that basically analyzes the sources of money that might be available to move ahead with this project and concludes that there are no such sources and the re- commendation several days ago was that we abandon the project and not go ahead with the purchase of the Miley property. Since then Mr. Mayor and members of the City Commission, yesterday afternoon attorneys for both the Miley interest and for the Trainer interests have come to the City with a modification of the initial agreement and they have agreed that they would be willing to extent pay- ment for the property and keep in mind that we are talking about $1,010,000, they would extend this over a period of 10 years and in basically equal payments with the attorneys' fees of $60,000 being paid in the first two years. Mayor Ferre: Look Joe, I think this is a very important thing, let's wait until everybody is listening because I'm going to ask you to vote on this in a moment and I don't want you to say --I didn't hear, I didn't hear, now repeat that again -- Now, start over again and do it in three minutes so everybody...you'l1 keep every- body's attention, or five minutes or whatever; now listen closely so that he won't have to repeat it, go ahead, start all over again. Mr. Grassie: On the question of the purchase of the property. In the packet that you received, you got from me a memorandum which analyzed potential sources of money which concluded that we did not have money for this particular purchase. Since then, I have indicated to you that, yesterday afternoon, attorneys for both the Miley interests and from Monty Trainer together came to the City and have made a different kind of a proposal and this proposal rather than requiring that the City put up $450,000 to begin the purchase, spreads that purchase over a 10-year period in approximately equal payments although the payments do get smaller as you progress down the line. Now, because we just got this and have just prepared it in some kind of formal way, I have given this to the City Attorney and my im- pression is that there may be some question on their part as to whether or not we can handle this purchase in this way, so what I'm saying to you is it is coming to you under awkward circumstances because things have changed in the last day, Mayor Ferre; Mr, :tanager, what is the price of the property in total, 26 Mt, (irdssie: The ptr posed price of the ptopetty is $1,233,50 A Mayer Ferret Mt. Manager, have we had the propetty appraised? Mt. Ma:iager: lies, it was appraised. Mayor Ferre: Is the appraisal below or above that price? Mt. Grassie: Well, the one time purchase price, assuming a cash sai.e is ieiow that figure. Mayor Ferre: This is not a cash price, Mr. Manager, this is a payment over... ..a how many year period? This is apples and oranges... Mr. Grassie: Well, that's exactly why I said that Mr. Mayor, that's why I made the clarification. The only appraisal that we have and the only appraisal that we can get is on a cash -sale basis. Mayor Ferre: What is the cash -sale price?...Can we say that publicly or tot? Mr. Grassie: Yes, we've shown you the appraisal. Mayor Ferre: What is the appraisal? Mr. Fosmoen: $940,000. Mayor Ferre: On a cash basis. Mr. Fosmoen: That's right. Mayor Ferre: Nolo, how long is the $1,200,000 paid over what period of time? Mr. Grassie: 10 years. - Mayor Ferre: All right, let me say that you can figure it out, all it takes is a calculator that on a 6% discount basis as I see it, a cash payment of $900,000 over a 10-year period is well in excess of $1,200,000, okay? In other words, if you were to take $900,000 and say spread it over a 10-year period, your price would be much more than $1,200,000 if you did it on the basis of 6%. No?... Well, it certainly wouldn't be less. The difference between $900,000 and $1,200,000 is... Mr. Grassie: It would be slightly less, Mr. Mayor. Mayor Ferre: Less than $900,000? Mr. Grassie: No, no, I'm sorry. It would be less than $1,233,000. Mayor Ferre: Mr. Manager, what was the last interest that we..excuse me, let me put it to you this way, what was the last interest payment that the City of Miami made when we went out to sell bonds? Mr. Grassie: 4.9%. Mayor Ferre: Let's say 5%. I would certainly be willing to go with the deal at the appraised value on a 5% basis and spread it out over a 10-year period and see what that amounts to. Mrs. Gordon: Does this $1,200,000 have an interest on the def erred portion?.. Are we going with an appraised plus interest?.. Mr. Grassie: The proposal as I understand it is on a total cash basis without any distinctions internally, you know, you can look at it anyway you want to. Mayor Ferre: That's why I'm saying, if you -will, that if you take $900,000 and calculate as if we were paying 5% interest, now follow me... Mr. Grassie: I understand what you are saying, Ms. Mayor, and I have done that and I'm telling you that that's not quite right, that's all. Mayor Ferre; Okay, then i'1l accept your figures, it may not be $1,200,000 27 but it will be $1,100,000 and whatever it is, at the interest that we are tlormally paying which was 5% the last time around, that's what we should be Dulling to pay. If they are willing to accept it, I'm going to make a state tent to you that that is an essential piece of property and if we can buy it at..this time and pay for it over a 10-year period...I have one last question, what is the downpayment? Mt. Grassier Well, under this proposal Mr. Mayor, because in addition to the basic purchase of the property you also have to consider the fee of the attorney which the Court set at $60,000, the proposal had spread that fee over a 2-year, period at $30,000 each so that the initial payment was scheduled to be $100,000 of capital, principal I should say -I'm sorry- and $30,000 of attorneys' fees. Mrs. Gordon: $130,000?..That's fantastic! I move you that we permit you to negotiate on that basis, it's fantastic. Mayor Ferre: Wait, wait.. Mr. Brigham: I'm Toby Brigham, attorney for Monty Trainer. None of that fee comes to me, I want you to know. It goes to the landowner who is Mr. Miley's interest in that property. This represents..we started our negotiations at.. Mr. Plummer: Wait, wait..Mr. Knox you heard what Mr. Brigham just had to say. Now, as I understand it, this is a Court set fee for attorney and he said this is not going for attorneys. Mr. Brigham: No Sir, I didn't say that, I said I represent the lessee, Monty Trainer, Bayshore Properties, Inc. Mr. Plummer: Are you saying it's going then to Mr. Miley's attorney? Mr. Brigham: Yes, Sir. Mr. Plummer: 0h well, that isn't what I understood you to say. Mr. Brigham: I'm sorry, I didn't communicate clearly. This price will be a judgment that will be paid off in installments over the balance of 9 years of the judgment. It represents an initial payment for the City of $110,000 of principal for the property and $30,000 towards the first year's payment of that attorney's fees. The cash equivalent of this is the $950,000 where we started, in my opinion. Therefore, those additional payments, if you wish, are because there is no interest on the judgment. Now, I would like to point out also that the lease back which would be given in settlement of the property interest of the lessee, Monty Trainer, contains a clause that the Bayshore Properties will pay as an ad- vance against the rent any sums above the rent specified in the lease necessary for the City to make those payments each year so beyond the original payment of $110,000 of investment and $30,000 of attorney's fees, the money for this will come from that business in the City will not have to pay any more and then, the next year's rent would pay the initial investment so in 10 or 11 years the City for a start-up capital of $110,000 and $30,000 will have acquired this property, then the lease continues for the balance of the 30 years. Mrs. Gordon: Can I ask you one question?...I think it's fantastic and then the question is..is this a net lease with Mr. Trainer or with regard to aay improve- ments, maintenance or whatever that the property may require? Mr. Brigham: It is a net lease and there are provisions for improvements and all.... Mrs. Gordon: All of this would be borne by Mr. Trainer and not by the City in any way. Mr. Brigham; That's right. Mrs. Gordon: Well, that's..I mean , that's getting a gift if you ask me. r. Plummer: Well, let me ask a question. Mr. Manager, would you please exemplify or magnify I guess, the fourth paragraph of your memo. "We should recognize that the propose lease with Mr. Trainer for this property pev, Gibson; I don't have that document. 28 Htz_Piutmet: It's in your supplement Father. tee (Massie: This is item No. I, Commmissioner. Mayor Ferte: Well, the point is that it was not a part of my blue book packet, Mt, Plummer: No, it's not blue book. This is the supplement, Mr. Mayor, that you received yesterday. 1 Mayor Ferre: Well, I never got it. Rev. Gibson: And I didn't either. Mr. Plummer: Well, I received it yesterday which is normal. The Supplement you always get the day before. Mayor Ferre: Well, let me tell you about the supplement. Yesterday I was very busy and I just don't or can't react to things like that, you know? Mr. Plummer: Well, I think that this thing better be brought out very clear because the policy of this Commission in the past....this is a direct violation of what the Commission has expressed in the past; you are going to be robbing other areas to go into a fund that is overspent now, so I think you better under- stand that one pretty clear. Mrs. Gordon: Explain that one, robbing what fund. Mr. Plummer: I don't know, it says here..."Further, many of these projects should be undertaken with Parks for People funding. Of necessity deferred until such revenues were generated to replace the borrowed funds." Mrs. Gordon: But J.L., this memorandum is now obsolete, because what I just heard presented here today... Mr. Plummer: This is dated May 17th Rose. Mrs. Gordon: Yes, I know, but what I just heard here today was an initial investment on the part of the City of $100,000 plus $30,000, which is $130,000, and at the same time, we are going to be collecting revenue back from a lessee which will probably offset and in fact I think I heard a guarantee of an offset of the total amount of money and, as far as I can see it, if I ever had an op- portunity in the private world to become an owner of a magnificent piece of property like this, my Goodness, grab it. Mr. Plummer: Rose, I'm sorry to say to you sweetheart, your figures are completely out of the ball park. Mrs. Gordon: Well, maybe they are, but that's what I heard. Mr. Plummer: The guarantee is $65,000 a year, that's why I'm asking you all please read this memo. Mr. Brigham: Mr. Plummer, if I may correct you Sir, respectfully,... Mr. Plummer: Sir, I am only quoting from the memo that was supplied to me by the Manager. Mr. Brigham: The minimum rent is guaranteed to $67,500, 8% up to $1,000,000 and 10% over $1,000,000 but there is an additional clause in the lease that defines that in addition to those rental payments, if it's necessary for the City to pay more money to meet the judgment payment, the lessee is required to make those payments also as an advance against future rent. Mr. Plummer: I don't see anywhere in this memo where they speak of $100,OOO payment. Mr. Grassier It's not in there, you know, that memo was sent to you 5 days ago Commissioner and..,. Mr. Plummer: No, Sir, this memo was sent Co me yesterday.. 2 Mt, Gtassiet Well, two days ago: Mt, Plummer: No, Sir, yesterday. Mt. Grassie: Well, it was written before we received the last ptdpdial.., Mr, Plummer: Did you put the last proposal in writing? Mr. Grasaiet I've been asking until 5 minutes ago that this get reviewed by the attorney and that's why I started out this conversation by telling you that it's coming to you under very awkward circumstances. Mr. Plummer: Okay, Mr. Mayor, I move this item be deferred until something be provided to me in writing. Here I am going according to a piece of paper who is to fault is immaterial, but brain is generating on this, now you tell me this which I received yesterday.afternoon is not proper. Then I say to you discussion on this item is not proper until I have it revised. Mayor Ferre: He is perfectly right. Mr. Brigham: May I be permitted? Mayor Ferre: Yes, of course. Mr. Brigham: For 11 months we've worked on this, all legal problems were taken care of, the lease was approved by the legal, the form of the judgment was ap- proved, the only thing that has changed is the price and terms, and that, the City Manager is recommending. Mr. Plummer: Fine, Mr. Brigham, I hope you are right Sir, but I want to know it, and I want to see it in writing. Mr. Brigham: The lease is in writing, we have a Resolution... Mrs. Gordon: Mr. Grassie, could you... Mayor Ferre: Could you have it done by this afternoon? Mrs. Gordon: That's what I was going to ask him; could you furnish us the written material today so that we can now sign it without further delay? Mr. Grassie: Yes. Mrs. Gordon: I'm afraid they will change their mind. Mr. Grassie: No, they will change their mind. Mr. Brigham: Today is judgment day for us on this. Mayor Ferre: Mr. Manager, would you bring it back to us this afternoon and would you sit down and go over this? Mr. Grassie: Yes, we will bring it back. Mayor Ferre: All right, thank you Mr. Brigham, and would you come back this afternoon. Mr. Plummer: Now, wait a minute, Maurice, please, I seem to be the bad guy here but I want to know whether this fourth paragraph is changed. This fourth paragraph stating that there are insufficient funds in a fund which has already been overspent for Coconut Grove indicating to me that they are going to have to take money from other parks to accomplish this and those improvements cannot be made until... Mayor Ferre: Let me tell you this... Mr. Plummer: May I finish, please, that those monies, those improvements in other parks cannot be made until this Fund --and he has got it outlined here in quotations,— until this money has been,..the borrowed money has been returned. Mayor Ferre: Let me put it to you this way, Mr, Plummer, I am pretty sure tat 0 the City Manager can find $130,000.ftom the....and, yes, he is going to have to take it from another fund, there is no question about it, but let fine tell you that I think $130,000 is well worth it to get this property in out hands. Mr. Plummer: I am not saying that, I just want that...he saw fit to put it in the memo of the 17th and I want him to express in writing, again, if it is this afternoon fine, that this now is not the case. Mayor Ferre: Can you take it from the Community Development Fund on a pro portionate basis? Mr. Fosmoen: Do you want me to explain that? Mr. Plummer: For the sake of brevity, why don't you do it this afternoon, because you know it's going to be discussed again. Mr. Fosmoen: The answer is very short. Mrs. Gordon: Go ahead, I want to hear it. Mr. Fosmoen: There were three funds looked at for the downpayment. One was Parks for People which we recommended against, one was the General Fund which is obviously not appropriate, the third was the Capital Improvements Fund, that is covered on the second page of that memorandum, there are sufficient balances in the Capital Improvements Fund to even put $450,000 down with the recommendation the. Manager was not to tap the Capital Improvements Fund to that extent. We now have a proposal from the property owner which says -- $100,000 down. There are sufficient monies in the Capital Improvements Fund for $100,000 downpayment. Mr. Grassie: And this is a different kind of a proposal than was available to us two days ago. Mayor Ferre: Mr. Plummer: Mayor Ferre: Mr. Plummer: You want to move it, Mr. Plummer? Move... to defer?, yes. No, move to accept it. No., Sir, I want to see s Mayor Ferre: You want it in writing. this afternoon?..early this afternoon afternoon. omething in writing. Mr. Manager, can it be put in writing because I won't be here in the mid late Mr. Grassie: Yes, it can be put in writing. Mrs. Gordon: The first thing on the Agenda?.. Mayor Ferre: Okay, thank you very much. REPORT ON STATUS OF POLLUTION BOND FUNDS AND SUMMARY OF PARKS FOR PEOPLE BOND PROGRAM AUDIT. Mayor Ferre: All right, we are now on item E. Mr. Grassi:: This item, Mr. Mayor, comes back to your Agenda at your request. You asked that we do two things. One, Mrs. Gordon asked that we report to ;ou on the Pollution Control Bond Fund, that Mr. Grimm will speak to; and you also asked that we again report to you on the results of the audit of the Parks for People Fund. ir. Grimm: Well, Mrs. Gordon, I really don't have too much to say. I think if you received this memorandum in your packet yesterday it is more or less self-explanatory but I'll be happy to try and answer any questions. Mrs, Gordon; Which one are you speaking about? 31 f Mt Grimm: Well, could we take them in the order of the Agenda the Pollution Control Bond first Mts. Gordon: Yes, that would be appropriate. The item that I brought up for discussion, to furnish us with information was specifically because I had some concerns which you confirmed, and those concerns had to deal with the original bond issue and what it was passed for, and I have a copy of the Ordinance in front of me which is very clear in what this money was to be used for and what you have given to us in this memorandum as expenditures that are completed and under way and also suggested projects, negate the reason for the passing of the bond issue in the first place. Mr. Grimm: Well, I don't wish to be argumentative about that Mrs. Gordon but that depends on how broadly you interpret the word "pollution control." If I may, I'll read to you exactly what appeared on the ballot. "Shall the bonds of the City of Mimi, Flroida, in an aggregate principal amount not exceeding $7,000,000 be issued under the provisions of Ordinance No.7864 for the purpose of paying the cost of pollution control and incinerator facilities in the City of Miami." Mrs. Gordon: There is no period after pollution control. Mr. Grimm: Well, pollution control is the broad term that I say is... Mrs. Gordon: Well, if you read it as it's written, it's....what number is that on the... Mr. Grimm: Number eight on the ballot. Mrs. Gordon: Number eight?, okay..all right, for the purpose of paying the cost of --and it's all one phrase-- it's not separated either by a comma or a punctuation mark of any kind. It says "a pollution control and incinerator facilit ..." Now, your interpretation of it is that pollution control is a period and then incinerator facilities is another, it's not so, it's all one and the same, and the intent was to build a facility to take care of pollution control and incinerating and that is not what you have here in your recommenda- tion. Now, I note that in the expenditures of those monies that have been expended that there is a $24,426 item of which was for sidewalk -litter receptacles and I think in the broadest context you couldn't possibly imagine that as being pollution control and incinerator facility unless you are really stretching the point quite a bit. There are other items in here that have, in my opinion,... monies have been used that do not relate specifically to that bond issue, and even more concerning to me is your recommendations or suggested project which are to convert the incinerator into an office structure for the Sanitation Department which, believe me, I believe they are entitled to a nicer and better facility than they have but not with the monies from this bond issue. Mr. Grimm: Well, Mrs. Gordon, I don't know specifically how to answer you other than to say that every one of these expenditures was approved by the Finance Director and by this Commission. All of this was done by contract. Mrs. Gordon: Wait a minute. Mr. Grimm: The word that you see listed up here as 'expenditures' are all contract items. Mrs. Gordon: All right, fine, were they also noted at the same time that they were coming from this bond issue? Mr. Grimm: Yes, Ma'am. Mrs. Gordon: And was it pointed out to the Commission at that time that this bond issue was set up to construct a facility? Mr. Grimm: I can't specifically answer that question to you, Mrs. Gordon, but whenever we award contracts.for whatever projects we award them for, the source of funds must be identified as part of the Resolution. Mrs, Gordon: I know, but there has been a misinterpretation of the permissibi- lity of the use of these funds and that's what I'm saying right now, I think the use of these funds and the way they've been used do not conform with the 32 bond issue that was put before the voters of the City of Miami in 1970 and Whether the Finance Director said, okay, then I believe that there was a misinterpretation on his part, whichever Finance Director was in charge at that particular time. Mr. Grimm: And the Law Department. You know, all of these Resolutions have to be approved by the Law Department as well. Mrs. Gordon: True, but still, I disagree that at this time we should compound the problem that has been brought to our attention today by proceeding to suggest projects which are totally irrelevant to the intent of this bond issue. Another question that I have which is a very strong concern of mine and I have.. Mr. Knox, may I have your attention for a minute please, if you are free-- would you tell me the limitations on the amount of time that bonds that are sold can be kept on deposit before they are utilized for what they were sold for. Mr. Knox: I have to check, Mrs. Gordon, I'll have an answer for you. Mr. Plummer: Well, let me give you an example Rose, because the monies that were sold --and I'm using this as the example of the acquisition of Kennedy Park, the Silverstein property-- to my knowledge we are being held in deposit after they were sold for almost 12 years. Mrs. Gordon: J.L., I don't believe that if you check the records you'll find that that is the acceptable procedure. I think you will find that there is a limitation of time that this is permitted and that we might have some problems which go beyond the scope of the City or even the State for keeping monies of this type on deposit for a longer period than three years. Now, you check that if you would, okay? Mr. Plummer: Are you finished, Rose? Mrs. Gordon: I'm finished for the time being because this memorandum that I received confirmed my fears. Mr. Plummer: Are we finished with the subject, Mr. Mayor. Mayor Ferre: Unless somebody else has any question. The only thing that we have pending then is item No. D which comes back this afternoon. A11 right, at this time, as I understand it... Mr. Plummer: Mr. Mayor, the reason I asked if it's over, very simply, Mr. Mayor I would like an update by the Administration on the first meeting in June directing itself to the problem which was presented at the last meeting by the Administration. I would like it on a monthly basis, as to the deficiency that we are facing next year. I would like an update the first meeting of every month until October 1. Do you need a motion for that?..Okay, thank you. Mrs. Gordon: Just an explanation that I'd like for them to furnish to me with regard to the memorandum on the Parks audit, which the memorandum that I received yesterday...the item that I would like clarification on is the $596,000 figure, if you would be kind enough to furnish that to me. Mr. Grimm: Well, I might be able to explain it to you in a minute. When we made our presentation in February, we had gotten to a certain dollar number. Now, it was at that meeting then that you requested that those figures be audited and that took an additional period of time. Wall, time didn't stand still with the progress cn our expenditures, that $596,000 are additional parks projects out of the Parks for People Bond funds that were authorized in that interim period of time. A specific example of a big one was the Martin Luther King Boulevard pro- ject which was four hundred and some odd thousand dollars. Mrs. Gordon: Okay, Mr. Grimm, I found this audit a very inadequate audit. I'm going to tell you why. And if you'll just bear with me for the one item, the Bail Point -Bicentennial Park item, $9,494,000, etc., etc., I would like a break- down on that, if you don't mind, and I'm sure that you, Mr. Grassie, can arrange for me to receive that. I want a breakdown, because this audit lumps numbers together which I stretch my imagination to find out what they are and I don't want to have to do that, I want to see it in black and white. Mr, Grimm: You are talking about the Peat, Marwick audit now. 33 Mrs, GOrdobt Yes, i am, tight tioW. Ott. Grimm: And you Want a breakdown on the Bali Point a ienditure, Mrs, Gordon: Bicentennial Park, $9,000,000 piece, because we didn't do anything with. Ball Point to warrant a $9,000,000 expenditure at all, avid as far as Bicentennial Park that vas closer to a $4.5 to $5M project. This does tot include Bayfront Park, as I understand it, at least it is not listed that way. 10. SECOND READING ORDINANCE: AMEND RETIREMENT SYSTEM - ORDINANCE NO. WO IN PAY -BACK SERVICE TO A MAXIMUM OF 4 YEARS FOR EMPLOYEES NOT FULFILLING REQUIREMENTS OF SEC. 9. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY AMENDING SECTION 91, AS AMENDED, OF SAID CHAPTER 2; PROVIDING THAT IF A MEMBER CANNOT FULFILL THE AFORESAID CONDITIONS AND REQUIREMENTS OF THIS SECTION WHICH ARE NECESSARY FOR RESTORATION OF SERVICE CREDITS, HE MAY, NEVERTHELESS, BE PERMITTED TO REDEPOSIT OR PAY BACK HIS SERVICE CREDIT UP TO A MAXIMUM OF FOUR YEARS; FURTHER PROVIDING THAT SHOULD A MEMBER DECIDE TO PAY BACK UNDER THE HEREIN SUBSECTION, SAID PAYBACK SHALL BE MADE UNDER HIS CURRENT COMPENSA- TION RATE AS THE BASIS FOR DETERMINING COSTS INVOLVED; PROVIDING THAT HIS SEPARATION FROM PRIOR EMPLOYMENT WITH THE CITY OF MIAMI SHALL HAVE BEEN UNDER HONORABLE CONDITIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREIN; AND CONTAINING A SEVERABI- LITY PROVISION AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of May 12, 1977 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8657 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. 11. FIRST READING ORDINANCE: AMEND RETIREMENT PLAN ORDINANCE NO. 5624 - DELETE REQUIREMENT OF 47. INTEREST PAYMENT BY LABORERS, WATO MEN OR CUSTODIAL WORKERS. AN ORDINANCE xENTITLED- AN ORDINANCE AMENDING THE MIAMI CITY GENERAL EMPLOYEES' RETI.REMENT PLAN (ORDINANCE NO. 5624, May 2, 1956, AS AMENDED): AS APPEARING IN CODIFICATION FORM AS PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, BY DELETING THE REQUIREMENT OF THE 47. INTEREST PAYMENT ON THE PART OF CERTAIN EMPLOYEES EXERCISING THEIR ELIGIBILITY TO BUYBACK CREDITABLE SERVICE IN THE PLAN FOR THE PERIOD as DF NON' ERS iIP COVERED UNDER ORDINANCE NO, 8568 WRICR CREATED EI+TRIt1TY FOR PRESENT MEMBERS OF THE PLAN WHO WERE EMPLOYED AS tABORERS, WATCHMEN OR CUSTODIAL WORKERS BETWEEN APRtL 1, 1955i AND BEPTEMHER 30, 1962,.AND WHO WERE DENIED MEMBERSHIP STATUS IN THIS TtME PERIOD; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Gotdon and passed on its first reading by title by the foliating vote: AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner J.L. Plummer, Jr. Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Fevre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City COMMitsion and to the public. J. L. PUL'NER COMMENTS ON MIAMI HERALD ARTICLE RE CITY'S CONTRIBUTION TO PENSION PLAN, Mr. Plummer: Mr. Mayor, let me bring up to you just so that the members of the Commission don't become unduly alarmed about an article which appeared in this morning's paper in reference to the City's contribution to pension in which it stated that it was a unanimous vote but I will remind you that the Chairman does not vote. Mr. Mayor, the price adopted by the Pension Board was one of three alternates proposed by the actuary. The actual recommendation of the auditor, this is what the article failed to say, was about $1.5M (million)less than that adopted by the Board. All I'm saying to you is of three options, that is the one that the Board recommended to the Administration. So it doesn't mean that that figure which you saw in the paper is an absolute figure for the discretion of not only the Administration but of the Commission, so I just thought I wanted to correct that so that you didn't misunderstand. Mr. Grimm: If I might, Commissioner, one of the privileges as a member of the Board, I'd like to call the Commission's attention that the recommendations that the Board voted on were the recommendations of the actuary. I asked this question specifically - are these your recommendations?, and that's what... Mr. Plummer: It was one of three, then. He had his first recommendation, we wanted step 2. Mr. Grimm: We wanted his first. Mr. Plummer: No, I disagree. Mrs. Gordon: Could we be furnished with full back-up material? Mr. Plummer: Yes, we will, but I'm saying that there is some discrepancy in the article which appeared. For example, it said the City's auditors, they were not the City's auditors, they were the Board's auditors, okay? Mrs. Gordon: Okay, was that in the morning's paper, J.L.? Mr. Plummer: Yes, in the Herald, this morning. Mrs. Gordon: I didn't see it, so I'il cut it out. Mr. Plummer: I just wanted to bring that up to your attention. 1.2. FIRST READING ORDINANCE: AMEND SECTION 36-5 OF THE CODE ("NOISE ORDINANCE") DISCHARGE OF AGREEMENT WITH LEWIS A. PITZE E CONCERTS, INC. FOR USE OF ORANGE BOWL. STADIUM. :Mayor Ferre; sU1 right, take up item No. =.1; on First Reading, the City Manager: recommends, 5 Mt. 'luM ter: Mt. Mayor, I've got a problett here. Mayor Ferret What's your problem. Mr. Plummer: Well, the problem is it's discretion, to the ih the worst way, that we are going to allow noise to continue only oft City=owned property an additional hour but private enterprise can't do it. Mayor Ferre: I don't understand your point. Mr. Plummer: Well, the point is that this only applies to City -owned facili- ties. Now, if we have a 'noise' Ordinance and,you know this is for the Orange Bowl, the tranquility of those_around the Orange_ Bowl are just. as important as if it were the Jai -alai. It seems to me that if you are going _to_take and you are going to extend it, you extend it all the way or you don't just extend it just for the City. I find difficulty in doing it just for City -owned facilities. If the Administration would like to comment to that. Mr. Grassie: Well, you know, philosophically I think you are right, Com- missioner. The difficulty that you get yourself into is that in encouraging us to make better use of that public facility, you know, you asked us to do whatever was necessary to get that accomplished and this is one of those things and, like a lot of things in life, you know, you've got to make a choice. Mrs. Gordon: I don``-t Like this at all. Mr. Plummer: Rose, I'm all in favor of expansion of the use of our facilities. Mrs. Gordon: But not with noise at night, no. Mr. Plummer: Well, the Orange Bowl?..there's got to be some. Mrs. Gordon: A lot of people live around there. Mr. Plummer: But Rose, the point I'm trying to make is we are doing it ourselves but we are not going to let private enterprise do it. Mrs. Gordon: Well, I'm opposed to this tremendously. The music from here would carry into the senior citizens' housing which is just across the street, and I think it's an imposition on the privacy of people who live in that area who have to listen to the blare of the instruments until 11:00 o'clock at night. And, I mean, I want to use the Orange Bowl but I don't want to disturb the living style of people, we had enough of that here, in Coconut Grove, at the last meeting we had here. Mr. Plummer: Well, I think in particular we've got to keep in mind, Mr. Grassie, do I recall from the contract that this individual, that they are concluding their show by a huge fire -works display? Mrs. Gordon: Well, I don't know that that would make so much noise or disturb the people, but the music would. The music definitely would because the music goes up and out. Mr. Plummer: Well, okay, let's just put it to a vote then. Mayor Ferre: All right, the Manager is recommending, I think it's something that...we've got to use the Orange Bowl to its maximum and look, let me tell you something, I..hate like hell those boats that buzz on Sunday and I...you know, Sunday is the day that I sleep my siestas, and I can't sleep the siesta because those power boats....I'll tell you... Mrs. Gordon: No comparison. Mayor Ferre: I want that Marine Stadium shot down because it's bothering my Sunday rest. Sunday is the Sabbath, it's the day of rest for the majority of the people of this community and all right, then you have it during week days from now on, I don't want my rest...And I have my father who is 74 years old who comes to my home on Sundays and can't sleep his siesta, and he's being disturbed. Now, we carry this on co many other things. Mr, Reboso: I don't know about your siesta Mr. Mayor, but I am going to 36 e iteti No. it, t think We deed it. yat Ferre: All tight, there is a taoticn ba its ii, Adv. Gibson: Second. Mayor Terre: Second, is there further discussion, the Rat ge daj.l the toile AN ORDINANCE ENTITLED= AN ORDINANCE AMENDING SECTION 36.5 OF THE COD OF THE CITY OF MIAMI, FLORIDA, RELATING TO THE HOURS OF OPERA- TION OF MUSICAL INSTRUMENTS, RADIOS, AND MUSICAL DEVICES BY PROVIDING THAT THE THEREIN LIMITATIONS AND REGULATIONS DO NOT APPLY TO ACTIVITIES AND EVENTS HELD IN OR UPON ANY CITY -OWNED FACILITY OR OTHER MUNICIPAL PROPERTY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF 114 CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABI- LITY PROVISION. Vas introduced by Commissioner Reboso and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. ABSENT: None. Mayor Ferre: All..rtght, take up item No.15. Mrs. Gordon: Wait a minute, Mr. Mayor, before you arrived I noticed that the attorney representing this party was here early and asked that we not hear this until he gets here. Mayor Ferre: All right, we'll hold back on 15. Take up 16. 13. IISCLAIM RIGHT-OF-WAY AND GRANT QUITCLAIM DEED TO ABUTTING OWNERS ON WEST SIDE S.W. b2 AVENUE BETWEEN S.W. 4 AND 6 STREETS, • Mayor Ferre: Reboso moves, any second? Mr. Plummer: My only question....second, for discussion. Mayor Ferre: Plummer seconds. Mr. Plummer: Mr. Grimm, or whoever, how come all the property owners on the West side, it usually is split half and half. goes just to the Mr. Parkes: In 1951, additional property was obtained in this one block property which we do not need, it was gotten by a plat. Mr. Plummer: But was it all taken from the Wesc side? Mr. Parkes: Right... Mr, Plummer: Fine, I have no objections. Mayor Ferre: Call the roll. The following resorut on *gas Latroduced by Co moved i.ts adoption: 37 RESOLt tON Ro. 7 .444 A ABSUUTIOR DISC NO PREVIOUSLY ACQ1JIRE15 RIO fiyBF_._.-NAY NOT REQUIk BY CITY.AND GRANTING OTT CLAIN DEEDS CONVEYING SANE TO ABNTTIN0 OWNERS ON VEST SIDE OF S.N. 62 AVENUE, BETWEEN S.W. 4 AND S.W. 6 STREETS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner. Plummer, the resolution was passed and adopted by the following vote: AYES; Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Fevre 4 NOES: None. 14, AUTHORIZE EXPENDITURE OF $3,705 FROM CONTINGENCY FUND TO PROVIDE PAYMENT TO PEAT, MARWICK,. MITCHELL & CO. The following resolution was introduced by Commissioner Gibson, who. moved its adoption: RESOLUTION NO. 77-445 A RESOLUTION AUTHORIZING AN EXPENDITURE OF $3,705 FROM THE CONTINGENCY FUND TO PROVIDE PAYMENT TO PEAT, MARWICK, MITCHELL & CO. IN THE AMOUNT OF $650 AND PAYMENT TO R.W. BECK AND ASSOCIATES IN THE AMOUNT OF $3,055 FOR OUTSTANDING BALANCES FOR PROFESSIONAL CONSULTATION SERVICES ASSOCIATED WITH SOUTHERN BELL TELEPHONE AND TELEGRAPH FRANCHISE NEGOTIATIONS AND POLE ATTACHMENT STUDY CHARGES APPLICABLE TO THE INSTALLATION OF STREET LIGHTING FIXTURES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, passed and adopted by the following vote: AYES: Commissioner Hanolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ALLOCATE $74,487 TO PURCHASE 42 -CHANNEL PORTABLE RADIOS FOR POLICE I POTESII, the resolution wasr. Mayor Ferre: All right, take up item 18. Mr, Plummer: Why purchase instead of lease? Mx. Grassier Because it's cheaper, Commissioner. mayor Fevre; Plummer moves, is there a second?.,.Second by Gibson, Manager recommends, further discussion, call the roil. The following resolution was introduced by Commissioner Plummer, who moved its adoption: 38 RESOLUTION No, 7/ 446 A RESOLtfttON ALLOCATING $ 74, 487.0o FOR THE PURCHASE O 42 8 1 ANNEL PORTABLE RADIOS FOR THE POLICE DEPARTMENT, UTILIZING PAS PROM THE POLICE CRIME PREVENTION FACILITIES BONO Mtn, (Mere follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was patted 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 lb, ALLOCATE $11,587 FROM CONTINGENCY FUND FOR PURCHASE OF PORTABLE RADIO SYSTEM FOR BUILDING DEPART ENT, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-447 A RESOLUTION ALLOCATING $12,587 FROM THE CONTINGENCY FUND FORM COST OF 42 PORTABLE RADIOS, THEIR ACCESSORIES AND SERVICE, FOR USE BY THE BUILDING DEPARTMENT TO ESTABLISH A TWO-WAY RADIO SYSTEM FOR THE ASSIGNMENT AND MONITORING OF ITS FIELD INSPECTORS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre CLAIM SEA:' ARLFNE PURTIC. Mayor Ferre: Take up item 20. Plummer moves... Mr. Plummer: No, Sir, I do not. What is this "allegedly" bit? Mayor Ferre: Father Gibson moves, Reboso seconds, further discussion, the City Manager recommends, call the roll. The following resolution was introduced by Commissioner Gibson, who move its adoption: RESOLUTION NO, 77-448 RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY T AWNE PURTIC AND HER FULL. AND ATTORNEY, EY SSETTLEMENTOF ALL CLAIMS A , TEE SUM OF $1.00�.0U TN ND DMA= AGAINST TEE CITY OF MIAMI, UPON THE k CUTIAN OF 4 39 EASE RELEASING t t "aft OP MUNI FROM ALL CtAiNS ANib DEMAN0S. (Nett foiiowe body of resolution. omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon. the tesolution wag pae8ed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Fevre NOES: Commissioner J. L. Plummer. Jr. ABSENT: None. ON ROLL CALL: Mr. Plummer: I vote No. We don't owe the attorney anything if the allegation is correct and I very strongly protest the name of the attorney appearing on the check and I will do so all the time in the future. We don't owe anything to the attorney, we owe it to this individual only and to put an attorney's name on that to me is wrong. I am not here to protect an attorney's fee, and I vote no. I'm in favor of paying to the recipient only. 1Vi ACCEPT BID: MEALS FOR DAY CARE CENTER. The following resolution was introduced by Commissioner Gordon moved its adoption: RESOLUTION NO. 77-449 A RESOLUTION ACCEPTING THE BID OF DIETCRAFT, INC. FOR FURNISHING MEALS FOR THREE DAY CARE CENTERS FOR A PERIOD OF ONE YEAR FROM JUNE 1, 1977 TO MAY 30, 1978 ON A UNIT COST BASIS, AT AN ESTIMATED TOTAL COST OF $27,495.00; ALLOCATING FUNDS FROM FEDERAL REVENUE SHARING FUNDS; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ACCEPT BID: A llJNITION FOR POLICE LEPARITiarre .<GAVEL PASSED TO VICE MAYOR (REV.) THEODORE R. GIBSON) :Rev. Gibson; All right, 22. Mt. Plummer: ;dove. Mts. Gordon; Second. v. Gibson; Call the tei2. The fdi .ovih8 resolution 41as iiittoduted by CotthiSsionet Plum t, i11�3 died its ado itiaht RESOLUTION NO. 71-450 A RESOLUTION ACCEPTING THE FOLLOWING BIDS TO FURNISH AMMUNITION, AS REQUIRED, FOR A PERIOD OF ONE YEAR, ON A UNIT COST BASIS: FEDERAL CARTRIDGE CORPORATION, NOT TO EXCEED $10,099.28; ZERO BULLET COMPANY, NOT TO EXCEED $5,280.00; SOUTHERN GUN DISTRIBUTORS, NOT TO EXCEED $1,645.00; JONES EQUIPMENT COMPANY, NOT TO EXCEED $199.00; MASZKS WORKSHOP, INCORPORATED, NOT TO EXCEED $1,169.28; A TOTAL COST NOT TO EXCEED $18,392.56; FOR THE POLICE DEPARTMENT; ALLOCATING FUNDS FROM THE 1976-1977'AND 1977-1978 FISCAL YEAR BUDGETS; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Mayor Maurice A. Ferre Vice :layoz (Rev.)- Theodore R. Gibson NOES: None. 20, IISCUSSION ITEM: INVITATIONS TO "NUEVO MONDO." Rev. Gibson: Item 23. Mr. Plummer: Move it. Mayor Ferre: Wait a minute, I want to make a complaint, right here, officially. That was Mrs. Lehman, Congressman Lehman's wife. Now, Congressman Lehman's wife, Joan Lehman, is a distinguished sculptress in this community. She and Mrs. Bassett who is a very distinguished lady, wife of Harry Hood_ Bassett,__Chairman of Southeast Bank, former Florence Knoll, well known in the arts community around the world, not only Miami, were the people who chose that statue, that monument that we are going to inaugurate this afternoon at 12:30 P.M. and that is in the front page of the Miami Herald, those people were not even invited. Now, would you tell me how in the world do we get things so screwed up in this City continually, so that little things like that become significant. Now, let me tell you the importance of this. Congressman Lehman was the person responsible for getting us $45,000 and if it weren't for Congressman Lehman that statue wouldn't be there. And we haven't had the courtesy in this City to invite Mrs. Lehman, who was responsible for the selection, co the inauguration.'Now, I'd like to...is Mr. Al Howard around? Mrs. Gordon: Mayor Ferre: Mrs. Gordon: Well, who knew about it? Well, everybody has got to know about it... Why? Mayor Ferre: ..how we got the money, you know, we got this money...that money was earmarked for Interama and we fought like tigers to get it, everybody in this City Administration knows about it. Mrs. Gordon: Was that statue earmarked -far Interana or . Mayor Ferre: It was a statue for Interama and we happened to voced on it, I explained to them how we got it, I explained we went to Nancy Hanks, I personally had to fly to Washington approved...it cost you guys, all of you, $45,000, City money, get it, this Commission to the Corrittee, to get the statue and here the people 41 Uho ate responsible for the whole thing Aren't eVeri inVited to the inauguratiot 1 Want it in writing, Mr. Manager, a memorandum as to who the people or persona responsible for slipping up on that work, and t want them to personally apolo.= gite in a letter to Mrs. Bassett and Mrs. Lehman. Mr. Grimm: Mr. Mayor, I take responsibility for that because I supposedly arranged for today but, let.me tell you, I didn't have the foggiest notion who was involved in this other than Mr. Von Schlegell. Mayor Ferre: Well, let me tell you something, you are not listening very well, because on more than one occasion, on these microphones I had explained how we were the successful recipients of that $90,000...of the $45,000 grant...Let me put it to you another way, don't you think that all of us in this Commission and in part, the Administration, should be knowledgeable. This is the single largest grant that the National Endowment for the Arts, has given to the State of Florida. How many times do you get to inaugurate a $90,000 piece of art? Mr. Plummer: Mr. Mayor, may I speak to something which I feel is more important. We have 45 minutes to correct wrong. Mayor Ferre: I have already called Mrs. Lehman and said she is not going to make it. It is too short notice, and I have asked Mrs. Bassett. Mr. Plummer: Mr. Mayor it is not an insurmountable problem. Is is possible Mr. Grassie that it could be put off until 1:30, giving them adequate time. Mayor Ferre: You can't do that J.L. I think the thing to do is, Mr. Grassie, would you have somebody draft a letter of apology to these ladies and that there was a mishap, or miscommunication or something. We are sorry. It is their statue. They are the ones responsible for it, and they weren't event invited. The thing that worries me is, the next time I ask Congressman Lehman for a favor with NEAA, if I were he, I would say look, why don't you get somebody else. We are on item 23. 21. ACCEPT BID; MODEL CITIES CD STREET IMPROVEMENTS- PHASE III; BID "A" HIGHWAY: The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 77-451 A RESOLUTION ACCEPTING THE BID OF HOLLAND PAVING COMPANY, INC. IN THE AMOUNT OF $376,410 FOR MODEL CITIES COMMUNITY DEVELOPMENT STREET LMF'ROVEMENTS-PHASE III, BID "A"; ALLOCATING THE AMOUNT OF $148,226 FROM THE ACCOUNT E.YTITLED "HIGHWAY IMPROVEMENT BOND FUNDS" AND USING $228,184 PROGRAMMED THROUGH THE "COMMUNITY DEVELOPMENT PROGRAM" TO COVER THE CONTRACT COST; ALLOCATING THE AMOUNT OF $41,405 FROM "HIGHWAY IMPROVEMENT BOND FUNDS" TO COVER THE COST OF'PROJECT EXPENSE; ALLOCATING $7,528 FROM "HIGHWAY IMPROVEMENT BOND FUNDS" TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None, 4 ACCEIT BIB: ft Ctlrt BIMI' mmovear -PHASt II BID _ bRAINAGE: The following resolution vas introduced by Commigsiotter Gibson, vhb ea its adoption: RESOLUTION NO, 77-452 A RESOLUTION ACCEPT IG THE BID OF MARKS BROTHERS COMPANY (NOT INC.) IN THE AMOUNT OF $181,095 FOR MODEL CITIES COMMUNITY DEVELOPMENT STREET IMPROVEMENTS - PEASE III, BID "B"; ALLOCATING THE AMOUNT OF $70,975 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUNDS" AND USING $110,120 PROGRAMMED THROUGH THE "COMMUNITY DEVELOPMENT PROGRAM" TO COVER THE CONTRACT COST; AND ALLOCATING $19,920 FROM "STORM SEWER BOND FUNDS" TO COVER THE COST 0P PROJECT EXPENSE; AND ALLOCATING $3,621 FROM "STORM SEWER BOND FUNDS" TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, - TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. 23. ACCEPT BID: MODEL CITIES CD STREET IMPROVISI TS — PHASE III; BID c —LANDSCAPI.*1G: — The following resolution was introduced by Commissioner Gibson, who;:. .moved its adoption: RESOLUTION NO. 77-453 A RESOLUTION ACCEPTING THE BID OF RUSSELL, INC. IN THE AMOUNT OF $37,392.50 FOR MODEL CITIES COMMUNITY DEVELOPMENT STREET IMPROVEMENTS - PHASE III, BID "C"; ALLOCATING THE AMOUNT OF $14,646.50 FROM THE ACCOUNT ENTITLED "HIGHWAY IMPROVEMENT BOND FUNDS" AND USING $22,746 PROGRAMMED THROUGH THE "COMMUNITY DEVELOPMENT PROGRAM" TO COVER THE CONTRACT COST; ALLOCATING $4,113 FROM "HIGHWAY I'PROVEMENT BOND FUNDS" TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING $747.50 FROM "HIGHWAY IMPROVEMENT BOND FUNDS" TO COVER THE COST OF sum ITEMS AS ADVERTISING, TESTING LABORATORIES AND 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 Gordon, the resolution Was passed and adopted by the following voce- A1tRS: Commissioner Naaolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon • Vice -Mayor Theodore Gibson Mayor Maurice A, Ferre 43 111111.IMMIIII 10•11111.•••010 24. ACCEPT BID: SILVER BLUFF SANITARY SEWER IMPROVEMENT SR4414=C A NIO SR-5414-s tars: -Gordon: -Is this the one that brought ail --those people in? Mr. Grimm: No, ma'am. This is the one just east of 27th Avenue, north of the railroad tracks. The onesy_ou_had made reference to is up in the northern end of the City and we are addressing each one of those a letter. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 77- 454 A RESOLUTION ACCEPTING THE BID OF INTERCOUNTY CONSTRUCTION CORPORATION IN THE AMOUNT OF $2,196,807.80 FOR SILVER BLUFF SANITARY SEWER. IMPROVEMENT SR-5414-C (CENTERLINE SEWER) AND SR-5414-S (SIDELINE SEWER), ALTERNATE BASE BID, IN SILVER BLUFF SANITARY SEWER IMPROVEMENT DISTRICT SR-5414-C (CENTERLINE SEWER) AND SR-5414-S (SIDELINE SEWER), ALLOCATING THE AMOUNT OF $2,196,807.80 FROM THE ACCOUNT LITITLID "SANITARY SEWER BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $234,649 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $40,936.20 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. Caere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. a RESCIND RESOLUTION No. 77 3S4 FOR DEMOLITION OF INCINERATOR No. 1 - "SALVAGE AND DEMOLITION, PHASE II -1977. Mayor Ferre: Take up 27. City Manager recommends. Mr. Plummer: Are you going for a cheaper price? Mr. Grimm: No, sir, the problem was the accusation by the contractor, that the site had been stripped of valves and other materials between the interim period of time that the contract was awarded. He was to start work and he wanted an additional $8500. We could not justify that, so we are going to reject the bids and readvertise. Mr. Plummer: Was it in fact true? Mr. Grimm: There was some vandalism. I had Internal Security make a report and I have a report on it. Mrs. Gordon: Before we vote on this, and because it is a part of the previous conversation we had. Is this money also from this pollution control and incinerator facilities bonds. Mr. Grimm; Yes, ma'am. Mrs. Gordon; I would ask that part of this be handled but not the last half which is authorizing the City Manager to readvertise for bids because I believe 44 that Vherk We flash with this its& Ill going to ask the attothey to give us s ie Wee spedifid ihforatioh as to the legality of the use of the funds and the manner we've been using them. So, if you would, Mr. Mayor, if you woui d take this patt of it which is rescinding the Resolution and not authotite the City Manager at this time, at least not until next meeting. Mayor Ferre: All tight, can we vote on it on those conditions? Mt. City Attorney? Mt. Knox: I'll tell you, we can just delete following the last semicolon in the title and delete section 3. Mayor Ferre: All right, then with those conditions, who makes the motion? Mrs. Gordon moves...Father Gibson seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-455 A RESOLUTION RESCINDING RESOLUTION NO.77-334 WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A CONTRACT WITH CUYAHOGA WRECKING CORP. IN THE AMOUNT OF $67,200 FOR THE INCINERATOR NO. 1 - SALVAGE AND DEMOLITION (PHASE II) - 1977. Caere follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 26. REQUEST CITY ATTORNEY TO FURNISH LEGAL OPINION ON USE OF BOND FUNDS FOR Pouria1 cctrrRa_. Mrs. Gordon: Mr. Knox, I'd like to ask you if you have had a copy of this summary that we were furnished yesterday and, if you haven't that you receive it, that you take it.line item and tell me if these items are fulfilling the purpose of the bond issue and I so move that as a motion so that you may have it as a formal policy of this Commission. The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 77-456 A :MOTION DIRECTING THE CITY ATTORNEY TO FURNISH A WRITTEN OPINION AS TO THE LEGALITY OF USING BOND FUNDS FOR POLLUTION CONTROL PURSUANT TO* THE BALLOT QUESTION SUBMITTED TO THE ELECTORATE IN 1970 FOR SUCH PURPOSE. Upon -being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose.Gordon Vice Mayor (Rev.) Theodore R. Gibson. Mayor Maurice A, Ferre 4 Mr§ . Cof doii: George, do s lifts...item oPiftioii please, okay/ Thaftk you. 27. PRESENTATICNS, PLAN AND SPECIAL ITEMS. Presentation of a Commendation to Mr. Rogelio Barrios, newly elected President of the Latin Chamber of Commerce. Presentation of a Tennis Week Proclamation to Ms. Jan Chargey, Director and Mr. Bruce Brounstein, Tennis Pro of the Marriott Hotel. Presentation by Messrs. Tom Johnson and Bob Merritt of the City of Miami Bowling League trophy to the Mayor and the members of the City Commission. Presentation of a Key to the City of Miami to Mr. Peter King, National Export Director of Jamaica. Presentation of a Commendation to Maestro Osvaldo Farres in recognition of his many years as a composer of renowned music. A testimonial will be given to Maestro Farres on Sunday, 22nd of May. 28. SECS READING ORDINANCE: AMEND HOU S OF SALE OF ALCOHOLIC BEVERAGES (NalL-afi E(CLUDING CHANGE OF HOURS FOR NIGHTCLUBS AND SUPPER CLUBS. Mayor Ferre: Item No. 12, on second reading. Is there anybody here who wants to speak up on item No. 12? We have one speaker here, all right Sir, your name and address. Mr. Nash: My name is Vincent Nash and I live at 2630 S.W. 28th St. I've spoken before the Commission before on the subject and I've outlined the problem that we have in certain neighborhoods with respect to so-called "private clubs." These are the clubs that are really nothing but flagrant schemes to avoid and subvert•the zoning laws and liquor regulations that apply to that activity. They are not required to provide parking, one club in particular, that regularly has crowds in excess of 200 people provides about 4 parking spaces. The neigh- borhoods in these areas --because they are allowed to exist in residential areas and adjacent to residential areas-- two or three nights a week, the people in these neighborhoods cannot count on uninterrupted. sleep. They are awoken conti- nuously by the customers of these so-called clubs by their shouting, laughing, arguing, bottle -throwing, squealing tires and blowing car -horns. I read in the paper last week that now the City Commission is considering allowing them to continue doing this for a. longer period at night. Now, we have to wait until two o'clock in the morning to get a decent night's sleep and I would like to know why the City Commission at this point wants us to wait until 3 o'clock in the morning, another hour, that we have to put up with that kind of noise. I would also like to know when is the City Commission going to look into this business of clubs of this type existing under the laws that were made for allow- ing truly fraternal and social organizationssuch as Elks Clubs, BFW, etc. These clubs are clearly profit -motivated and simply using the Club scheme to get by current zoning and liquor regulations. Mayor Ferre: Well, look, unfortunately, laws that are controversial in nature cannot be panaceas. They cannot solve all the problems for all the people all the time. Now, I want you to know that this Commission has been struggling, and I mean struggling with this problem, for four long years. We've had committees and meetings and committees.and meetings,..and then an objector...have you spoken before this Commission before? 46 Mt, Nash: Several times. Mayor Ferret Well, then you know, you've been here several times to discuss this, We came back...they came back with a recommendation. We followed it as much as we could with the exception of the night clubs and the supper clubs and all I can tell you is look, that's the best we can do as fat as this one= fifth vote is concerned, I think we've reached a more or less reasonable, amicable compromise, we've had people representing churches, neighborhoods, bars, night clubs, supper clubs, chambers of commerce..beer places, wine...You know, we've had everybody up here, and I recognize that, yes I know, that by giving some people certain things that denies others a better income out of their places. Mr. Nash: And..are they supposed to be making an income out of their places?, that's the question. Mayor Ferre: Well you see, the point is that we have gotten ourselves a com- mittee which has recommended and in effect we_ are_ following that committee's_recom- mendation. Now, that it won't satisfy everybody? No it won't satisfy everybody. Mr. Nash: Well, why does it always seems to be to the detriment of the general citizen and then such a narrow group such as private club owners can so easily get an extension of their time? Mayor Ferre: Well, what is it that you want? You want us to leave it status quo? Mr. Plummer: It is, there has been no change on the hours of private clubs. Mayor Ferre: You want to go to status quo? You want to leave it the way it is? Mr. Nash: I understood that the hours were being extended. Mayor Ferre: Private clubs are not being extended. Mr. Plummer: They've always been 3:00 o'clock. Mayor Ferre: Any other questions? Mr. Nash: No. Mayor Ferre: Fine. Look, I think this is about to pass unless you've got some- thing that's very, very earthshaking. Mr. Grimm: Mr. Mayor, all I wanted to add was this, private clubs on Saturday nights, where they were tying up on neighborhoods and so on.. Mayor Ferre: See, that's what I don't want. I don't want to get into a debate after we've debated this for 10 different occasions. Do you have something new to add? Mr. Cohen: Yes, I'd like to add a few words if you don't mind. I've suffered through the meetings with you for the last two or three years and I can appreciate what you, ladies and gentlemen, have been through. :My name is Jay Cohen and I have a night club license, at this point, unfortunately. The first part of my note says "be brief," and I shalt. be. I want to apologize for not having been here last Thursday because I was told by a responsible person in the City Manager's office that there would be no discussion last week on this subject and I found that I am in error, so I'm just going to point out a couple of things to you, if you don't mind. With all of the changes that have been presented by the Committee, which I respect very highly, the nightclubs is the only category whose position is weakened. We are the only ones who are getting hurt. Everyone else gains by this recommendation. The loss in the value of our business,.::the fact that 3:00 a.m. licenses are much more expensive to obtain than regular bars, this is a loss that we cannot recover. Our operations are much more demanding; we go through three severe inspections by fire, building and vice. We have to meet requirements for seating, entertaining part of the year, and food, and our expenses--- and you can take my word for it, are much higher than the average bar. And with this added competition that you are hitting us with we are going to be badly hurt and so are the employees who work for us. Bar owners, when they purchase their business, never had any reason to expect better situations when they bought their bar, nor did we have any reason to believe that our situation would be worsen although we realize there are no guarantees connected with liquor license. I'd like to point 47 something out to you if you+11 beat with me just for a motent. Bars ate now, under the present hours, open 115 hours per weeks If you grant the new hours they will then be open 135 out ..of the.168 hours of the week. On Sunday alone, the Committee is granting them nine additional hours. They will have then mote hours than the nightclubs and, hear this, they pay half what the nightclubs pay for a license fee. In addition, most of these bars have adjacent package stores, this is additional revenue, and most of us do not. Let me point out something to you. There are very few of we independents left. The chains have continued to move in and dominate the industry, we once had package stores some of us, but it became impossible to compete with the chains. When they sold a bottle of liquor for less than we had to pay for it and this is a proven fact. Now they want to dominate the bar portion as well with the increased hours. Now, what are they going to ask for next. I am going to say this, and I know you have a hard problem and I appreciate the committee's work on this. We would like for you to reject this proposal, but if you don't reject it we would like for you to give it some thought for a possible adjustment. If the bars want another hour or so, then give it to them but at least leave us a portion of the crumbs that are left for the nightclubs which is one of the few exits that we have. We exist from 1 to 5:00 a.m., some of us -like myself- exist from 1100 to 5:00 a.m. on Friday and Saturday only, and on Sunday after 7:00 p.m. For me alone, and it doesn't pertain to every one, Monday, Tuesday, Wednesday and Thursday, I close anyway when a normal bar closes but I'm an exception to the rule and I don't expect you to consider everyone individually. I'm almost through Mayor, I don't deny selfish motives, I don't get up here with a lot of , I am selfish in asking you to help me to protect my investment and my livelihood and I'm only going to say this, -the request that have been made by the bars are for selfish reasons and I don't blame them, if they want to open 20 hours a day, they may come back in two years and say we'd like to be open around the clock; but we ask you this, when you consider this vote, we'd like for you to reject it, if you can't see it in your heart to reject it, I think you will have to admit that we are entitled to a crumb of something that is left for the 5:00 o'clock license, and thank you for your tine. Mayor Ferre: Thank you, next speaker. Mr. Strattas: Mayor Ferre, where were these people during our meeting. Mr. 0ngie: Your name, please. Mr. Strattas: James Strattas, all right, I'd like to know where these people were during our meetings and when we discussed these hours... Mayor Ferre: I do not want to open up a new debate, we've been debating this for four years... Mr. Strattas: Yes, Sir, and I've been here for four years. Mayor Ferre: ...and this committee was appointed --the committees, because there have been more than one-- have been appointed publicly on the public record at public hearings, well publicized in newspapers, there is no secret about the committees. Mr. Strattas: Well, that was my whole thing, where were these people during our meetings? Mayor Ferre: Thank you. Next speaker. Mr. Kaufman: Mayor, Commissioners, I'll be brief. I've just purchased a 5:00 o'clock nightclub 4 months ago (SPEAKER WAS ASKED TO IDENTIFY HIMSELF)..My name is Neil Kaufman, 2946 So, W. 27th Avenue. Mayor Ferre: What club is this? Mr. Kaufman: Tobacco Road, it's a 5:00 a.m. night club. I've just purchased this 4 months ago so I apologize for not being around the passed 4 years, the question I want to ask the Commission is, number one, if this thing does go through are you aware of the fact that the regular bar is going to have more operating hours -than a bona fide nightclub that has to provide dance floor, kitchen, entertaiasent and a double license fee? If you call that equity, I don't know what equity is. 48 Mayor Ferre: He's got a valid point, maybe we ought to increase the fee. Mr. Kaufman: I'd rather have a fee increase and have the advantage to do business than have no business. Your Honor, I do 75% of my business between 1:00 and 5:00 a.m. and on Sunday evening, if this goes through, in essence, you knock me out of business,..no question about it. Mayor Ferre: All right, any other statements? Mr. Stern: Mr. Mayor, I'm Robert Stern, attorney for Oscar's Lounge... Mayor Ferre: Excuse me for a moment, yes, Mr. Grassie. Mr. Grassie: I just wonder whether it would serve any purpose to indicate that when the City Commission discussed this the last time, you indicated or the majority of the body indicated that you wanted the hours for nightclubs and supperclubs to be from 7:00 until 5:00 a.m., which is what I believe these gentlemen are arguing about so that... Mayor Ferre: No, Sir, what they are arguing about is this. These are nightclub owners I've heard, I think three so far, that have spoken who are saying -by extending the bars from 1 to 3:00 in effect what you are doing is you are hurting the nightclub business because when the bar closed at 1:00, a lot of those people would go from the bars to the nightclubs and will stay there until 3:00, or 4:00, or 5:00 in the morning. That's the argument that I've heard so far. Look, the point is this..you know, we can't please everybody and the problem, that's exactly what the problem is, you have a conflict between...all right, go ahead, Sir. Mr. Stern: I'm Robert Stern, I'm the attorney for Oscar's Lounge, they just went into business two months ago in the City of Miami, the address is 901 S.W. 8th St. It is the old Las Olas, or El Rodeo. What Mayor Ferre was saying is correct, the edge is cut down from 4 hours to 2 hours and this is in a position if you check the records, you will see there are approximately 10 active nightclub or supper - club owners active in the City of Miami today, about two years ago there were 20 active people which either coverted to basically full-time supperclubs. What's going to happen is that this Ordinance is passed you'll probably have maybe Les Violins and the Flamenco as the only supperclubs and nightclubs left in the City of Miami within a year because the bulk of the business of my client, as with Tobacco Rd, comes on the after-hours. That 4-hour edge is not only a 4-hour edge to do business but is a continuation because they handle customers who work during the day and get off at shifts at 12:00 o'clock and 1:00 o'clock, and one of the suggestions --to put in Maurice Ferre's manner of bringing in new business-- is I would suggest, if you are going to extend it to 3:00 o'clock, continue the edge of the 5:00 o'clock license, to let them stay open until 7:00 a.m. which would only affect... a nightclub only can begin 11:00 o'clock in the morning, the same bar can open up at 7:00 a.m. in the morning and stay open until 3:00. Nightclubs are required to have year-round entertainment, they are required to have 400 sq.ft. of dance floor entertainment, they are required to have 200 people to be served in restaurants in the supperclub category, and with all the additional space require- ments, they have less time open and to do business and to generate the income to live whereas a bar, which has none of these requirements, can stay open longer and is more competitive. The only reason why I would say the 7:00 a.m. is not that I am really that interested in staying open that late per se but they've got to have the edge one way or the other and this way they could possibly mitigate the damaging effect of this new Ordinance by catering more to the people that have graveyard shifts, as they call it, and continue to stay open until that time. One more thing I wish to point out as far as the Ordinance itself, as I understand the history of it, it was designed to go out and allow the public to go out and police downtown Miami, and I was here two meetings ago and I was advised also that the last meeting was not a public hearing and did not have an opportunity to speak-- was that it is not going to achieve the desired effect and I question the reasonableness of the Ordinance because we know that by extending the hours you are not going to help the downtown situation, you are not going to spread it out, they are going to drink wherever they want and one of the desired effects was to give people --the alcoholic per se -- a chance to dry out for one day and under this new Ordinance by opening it up you are not going to have this opportunity. Now, I'm not saying close everything out cn Sunday but I'm saying... Mr. Plummer: What's the difference whether he drinks up in a nightclub or in a bar? The difference is what he can afford. Mr, Stern; Well, not only that, generally speaking, since it is drink by drink 49 rather than drink by the bottle, and host of these liquor clubs have package good stores with theta, he is able to get it one way or the other, Mr, Mummer.: The diffetence is where he can buy it and what he can afford, He can buy it at the 5:00 license,,if he can afford to buy it so he is not being dried out an Sunday from your standpoint. Mr. Stern: That's correct. Mayor Ferre: Thank you very much, Mr. Schiffman. Mr. Schiffman: Mr. Mayor, I just come from the dentist, I hope you'll beat with me. I spoke last week and I heard some comments as I walked in, I am of the opinion that the 5:00 o'clock license should remain but I can't, for the life of me, see how a bar is going to affect a nightclub. The type of people in our that went into the Les Violins and these other clubs have no bearing on the nightclubs, what it's going to do, and the most important thing and you stated it beautifully last week, Mr. Mayor, may I commend you, what it's going to do is create more jobs; it's not going to create any more alcoholism because the county has places open until 5:00 a.m, and not half as nice as some of thse bars that are closing at 1:00 o'clock in Miami, I talk about Bid Daddy's and other places where you get a lot of riff-raff, they are open until 7:00 a.m. in the morning. But I cannot see that some of these nightclub owners who got up and they are concerned about what it'll cost to bars, that is of no concern to them,..If they pay $200.00 for their license, God bless them. The most important thing is it's going to creare more jobs, it is no hardship on the City and I think it's going to give people an opportunity to stay in business, and that's the im- portant thing. Mayor Ferre: Thank you Mr. Schiffman, Anybody else? Mr. Schiffman: One more thing, I. do want to commend the committee for an excellent job, I think they studies this for a good many years and I think, if we appoint a committee, we should sort of go along with their recommendation. Mayor Ferre: All right, anybody else? If not, at this time, is there a motion? Mr. Alexander: Mr. mayor, Commissioners, my name is William Alexande--, Vice Pre::.idsat of the Latin Chamber of Commerce. We also have one other very important point to bring to your attention and it is that we are trying to promote Miami as a tourist resort. (CONTINUED ON NEXT PAGE). 50 As yOu can see at 11:00 o'clock ve have a ghost town oVet bete and as you know, the Latins, who are the majority of out tourists from Central and 9otith Merida, they have a different custom, they like to eat late, at 9:00 or 10.00 o'clock (P.M.) and then after they eat they like to go out to a night club. We have only 14 places to visit as a night club and 2 hours difference be= tweet 3 to 5 does not make a lot of sense. I think you should approve to stay open until 5 o'clock. Mayor Ferre: Thank you Capitan Alexander. All right, ladies and gentleman... Mr. Reboso: Mr. Mayor.. Mayor Ferre: Commissioner Reboso. Mt. Reboso: I moved it the last time and I'll move it again. Mayor Ferre: All right, there is a motion for approval as it is before us, item 12, is there a second?.. Rev. Gibson: Mr. Mayor.. Mayor Ferre: Father Gibson. Rev. Gibson: Inasmuch as I know we are not going to satisfy everybody, the Committee did work hard and long and I thought that by now you'd have ironed out most of the difficulties, and I doubt seriously that we are going to satisfy anybody, and I hope the people of the community will realize that we are going to be damned if we do and we are going to be dammed if we don't, and I trust that if you find that these hours are impossible that you would not leave here angry with the Commission but what you would do is come back. This Commission has always been willing to hear people and if we made the wrong decision, I could speak for every Commissioner here, we would immediate- ly change and go to a more reasonable position, and with that in mind I'd like to second the motion. Mayor Ferre: All right, there is a motion and.a second. Would you read the Ordinance please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 3-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, IN ITS ENTIRETY, RELATING TO THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES WITHIN THE CITY BY COMPLETELY REVISING THE HOURS ALLOWED FOR SUCH SALE BY VARIOUS CATEGORIES OF VENDORS AND ESTABLISHING DEFINITIONS FOR SUCH VENDORS; CONTAINING A REPEALER CLAUSE AND A SEVERABILITY PROVISION AND CONTAINING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of May 12, 1977 was taken up for its second and final reading by title and adoption. On motion of Commissioner Reboso, seconded by Commissioner Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso _ Vice Mayor (Rev.) Theodo__reR._Gibson. Mayor Maurice A._Ferre NOES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. ABSENT: NONE. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 86540 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON DISCUSSION: Mrs. Gordon: Just for clarification, our packet does not contain the deletion of the night clubs from 3 to 5. The Report in our folders are ..night clubs a,rz.- 3 a.=. If it is in the Ordinance or in the body of the Ordinance my folder doesn't have a copy. Hr. Ofigie t 1 haste the Otdiftaftee, it id carraet, . until t o i clodk. Mayor Ferret Further discussions Hts, Gordon: No, just clarification, Mayor -Ferret Thank you ladies and gentlemen for your patience, Mr, Phillips t am glad to see you up and about and well and 1 want to thank you for all • Of your patience. UNIDENTIFIED: Mr, Mayor, Commissioners, I want to thank you very much for progressing the City of Miami one step further, Maybe we can compete at last with a few of the nationals. Mayor Ferre: All right, take up item No. 13, we are still in session ladies and gentlemen....This Commission is in session, I would request that you leave orderly and quietly, please. We are now on item No. 13, please extend to the rest of the people who are here to be heard on items the.courtesy.. 29. AJTHORIZE CiTY MANAGER TO EXECUTE AGREEMENT WITH JONATHAN SEYMOUR HENDERSON - OSENBERG ASSOCIATES AND DAVID M. SCULLY - PROFESSIONAL DESIGN SERVICES FOR TACOLCY PAM P. Mayor Ferre: All right, at this time we will take up item No. 13 authorizing the City Manager to execute as agreement with Jonathan Seymour Henderson - Rosenberg Associate and David M. Scully, providing professional services for design of Tacolcy Park, located on Dr. Martin Luther King Boulevard for $82,700 and $2,300 for preliminary project expenses. The City Manager recommends. Rev. Gibson: I move, Mr. Mayor. Mayor Ferre: Father Gibson moves, Commissioner Reboso seconds. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 77-457 A RESOLUTION WAIVING THE REQUIREMENTS OF ARTICLE V, "CONFLICT OF INTEREST," OF CHAPTER 2, "ADMINISTRATION" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER MAKING NECESSARY FINDINGS TO SUPPORT SUCH WAIVER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JONATHAN G. SEYMOUR, HENDERSON- ROSENBERG ASSOCIATES, AND DAVID M. SCULLY TO PROVIDE FOR PROF- FESSIONAL SERVICES FOR THE DESIGN OF TACOLCY PARK, LOCATED ON DR. MARTIN LUTHER KING BOULEVARD BETWEEN NW 8TH AVENUE AND NW 10TH AVENUE, MIAMI, FLORIDA; AND ALLOCATING FROM THE PARKS FOR PEOPLE BOND ISSUE FUND $82,700 FOR PAYMENT OF PROFESSIONAL SERVICE AND $2,300 FOR PRELIMINARY PROJECT EXPOSES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES; Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Viee Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre 52 GIANT wAtvvs TO OW P (MAN DVELORIENT RV Mayor Ferre: Take up item No. 14, Public Hearing, Resolution, granting waivers to Urban Development Review Board rembers,,,Moved by Plummer, second by Gibson,..Moved by Gordon, second by Plummer, further discussion, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-458 A RESOLUTION GRANTING WAIVERS TO WILLIAM O'LEARY, JONATHAN SEYMOUR, WILLIE BORROTO, JOSEPH MIDDLEBROOKS, THEODORE BAKER, PROM THE PROVISION OF ARTICLE V, CONFLICTS OF INTEREST, OF THE CITY CODE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 3.. RELINQUISH AND ABAICON UTILITY EASEMENT AT APPROXIMATELY 4343 Ws FLAGuiR • STREET1 Mayor Ferre: Take up Item No. 15. Manager recommends. Are there any objectors. The Applicant is here, are there any objectors? Moved by Father Gibson, seconded by Mrs. Gordon. Mr. Levine: Mr. Mayor, Commissioners, my name is Jeffrey Levine, I am with Myers, Kaplan, Levinson and Kenin, attorneys for the parties who own this property. If it's at all possible, it would be greatly beneficial to our clients for the Resolution not only to..that the easement would be relinquished but also abandoned, simply for the connotation of the words. Mayoi Ferre: Mr. City is that acceptable? Mr. Knox: Yes, Sir. Mayor Ferre: All right, let the record reflect that the Resoluticn is for the relinquishment and abadonment. It's been duly moved and seconded, further dis- cussion, call the roll please. The following resolution was introduced by Commissioner Gibson, who moved its. adoption: RESOLUTION NO. 77-459 A RESOLUTION RELINQUISHING AND ABANDONING A UTILITY EASEMENT LOCATED WITHIN UNPLArXtD LAND SITUATED AT APPROXIMATELY 4343 WEST FLAGLER STREET; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED THEREFOR, (flere follows body of resolution, omitted here , and on fs.e i. the Office of the City Clerk), 53 Upon being geeonded by Commissioner Cotden, the resolution plased and adopted bq the toilowing dote: AM: CaMMiSsidher Manolo Reboso Commissioner J. L. Plummet, Jr, Commissioner Rose Gordon Vice Mayor (Rev) Theodore R. Gibson Mayor Maurice A. Fette NOES: None. 32 1r 1NG Earn: CI-ANGE GATE OF JUNE a 1T/7 Ccti4ISSION MEETING TO TUESDAY, JUNE 21, 1977 Mayor Ferre: We have before us a Resolution re -scheduling the Regular City Commission Meeting of June 23rd to take place on June 21st, 1977, moved by Reboso, seconded by Plummer, further discussion, call the roll. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 77-460 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF JUNE 23, 1977 TO TAKE PLACE ON JUNE 21, 1977. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ACQUIRE FEE SIMPLE TITLE PROPERTY DESCRIBED AS LOT 24 AND SOUT1+1ESTERLY 25 FEET OF LOT 23, BLACK 43, ROADS PLAT OF NEW BISCAYNE (MILEY PROPERTY) Mayor Ferre: Now we are on item No. D of the morning session which is the Monty Trainer negotiations,..Mr. Manager. Mr. Grassie: Mr. Mayor, members of the City Commission, you have in front of you a redrafted Resolution which specifies the proposed price of property of $1,235,500 and identifies separately $60,000 which is the attorneys' fee iden- tified by the Court. The Resolution also provides for a payment schedule over a 10 year period. You will see that the attorneys' fee is spead over the first 2 years at $30,000 each and that the first principal payment is of a $100,000, it being at $160,000 the second year and so on at a decreasing rate. Mayor Ferre: Mr. Manager, I mentioned this morning, and I don't care whether it's figured with interest or how you figure it, that it should be at our appraised value plus 57. on a 10-year period, now..what does chat amount to? Mr, Grassie: This has not been calculated that way, Mr, Mayor, but if it were to be calculated that way the figures would be slightly less than what you have in this Resolution. Mayot Fette: Well, those ate the figures we ate going to have to live with because if we have to justify this, certainly i, fot one, will hot vote for sotiething that is not at the appraised value,..Sir?.. Mr. Brigham: It's at 7x. Mayor Ferre: Well, you see, Miami does not pay at M.what'a the differencet it can't be that much.. Mr. Brigham: This is the best we can do for the owner. Mayor Ferre: Well, Mr. Attorney, you ate not going to get my vote, I don't know about anybody else, but the only way I am going to vote for this is at the rates that the City of Miami is paying,otherwise, I can't justify it because then you are asking us.to pay more than the appraised value. Mr. Brigham: No, Sir. This is an installment plan that allows you to make the payment easily but the owner is going to have to take this Judgment and bank it for his purposes. Mayor Ferre: You have a valid point. Mr. Brigham: ..and the lease provides that these monies are reimbursed by revenues coming from the lease, the City is not out of pocket. Mayor Ferre: You have a valid point there. Mrs. Gordon: Another valid point is the fact that we are not going into Court I► with a condemnation suit with our awn attorneys to pay. Mayor Ferre:All right, Mr. Manager, let me ask you the next question. This is tied with the lease with Monty Trainer, is that correct? Mr. Grassie: That's true, Sir. Mayor Ferre: Is the lease a fair lease in your opinion? Mr. Grassie: Yes, the lease is the one that was negotiated and presented to you about a month and a half ago. Mayor Ferre: Now, let me ask you, what would happen if Mr. Monty Trainer should through no fault of his own be out of business? Mr. Grassie: The lease provides for the eventuality of Trainer Enterprises not making the required payments to the City. Let me ask Mr. Fosmoen to quote that to you specifically. Mayor Ferre: Well, let me put it to you this way, most normal transactions.. what we have is a situation where you would have 30 days to make..where you would have a 30-day grace period to make good the payment and if you don't do it during that 30-day period then it would terminate. Mr. Grassie: Well, my recollection of the lease, Mr. Mayor, is that they have 60 days to make it good. Mayor Ferre: Well, that's fair, but the point is that at the end of 30 days if they haven't made good, then their lease contract is void. Is that correct? Mr. Grassie: That's correct. Mr. Plummer: Well, let me ask this, what about..Mr. Trainer has a contract with Mr. Miley, presently. Now, do I understand correctly that the day that the City takes possession that contract with Mr. Miley is null and void. Mr. Fosmoen: That's correct, and the contract between the City and Mr. Trainer would take effect. Mr, Plummer: Take effect that day. Mr. Fosmoen: Yes, 65 `g ptnet. does Mr. Trainer uiidetstatid that/ Mr. tostoeu: Yes. Mr, Plummer: It other words, let tine also understand, that what we ate doing here today in fact has nothing to do with Mr. Trainer's oceupaneyy. What we are doing here today is the purchase of the property. Mr. Grassie: No, that's not quite true, Sir. Mr. Brigham: What you are doing is condemning the property including the landlord's and the lessee's interest, Bayshore Properties and Monty Trainet, and you are settling that lawsuit by paying to the landlord these monies and giving Monty Trainer this lease in payment for his full compensation. Mr. Plummer: All right, so assuming June 1st is the termination, Monty Trainer's 30-year lease on the Miley property only, starts running the 1st of June, and in no way does this have any bearing on the Underwood property. Mr. Fosmoen: That's correct. Mr. Brigham: It has no bearing, no Sir. Mr. Plummer: ..and in no way does the shortage of payments make-up money come from anything other than the Miley property. Mr. Brigham: That's correct. Mrs. Gordon: Just as a point of coordinating the payments, J.L., with our own payment scale, if it were possible to arrange Mr. Trainer's payments to proceed the due date of our payment by a specific period of time so that we might have his money available for our payment...maybe you would want a 60-day lapse. Mayor Ferre: No, I think a 30-day... Mrs. Gordon: Well, you know, between receiving Monty Trainer's payment and paying the Miley interest, Maurice, I'm saying,we should have his money to pay rather than general fund or any other source. Do you follow me? Mayor Ferre: I see. I agree with all of that, I just want to make sure that.. Mrs. Gordon: If he is 30 days late to pay then we would still have 30 days left to pay. Mayor Ferre: That's a good point, but I want to make sure that we have a certain point where we can automatically cut off and if Mr. Trainer does not come up, he doesn't have the lease anymore. Mrs. Gordon: Mayor Ferre: Mr. Brigham: Mayor Ferre: That's for our benefit to do it this way. I understand, I agree with you, would you accept that? I: is provided in the lease. Is that acceptable? Mr. Plummer: all right, so in other words what you are saying is that the first year we have to come up with $130,000, --not the first year, the date of purchase. Mr. Grassie• Mr. Plummer: come up with That's correct. Then the second,.. --the end of the first year, we've got to $160,000.. Mr. Grassie: Plus $30,000. Mr,Plummer; So that'd be $190,000, ", rrasaie; That's ctrrrect. 66 Mt. Plutilet: So if l understand you at the end of the first year, if Mt. Of $65,000, then he's got to come up so that we can make the payment. He correctly, what you are saying is that Trainer only makes his minimum payment with another $125,000 within that 60 days understands that, doesn't he? Mt. Grassie: That's correct. According to the terms of the lease now, yes. 4r. Plummer: Are there any provisions in the lease of, in case of advance payment from future rent, when that future rent applies?..to what future years does it apply?.. Mr. Fosmoen: That issue is not specifically covered in the lease. Mr. Plummer: Well, I think it should be. Mr. Brigham: Well, the intent would be that it would apply the next ensuing year, at which there is no money above the basic rent that needs to be paid. Mr. Plummer: Well, it would seem fair to me that at the end of the 9th year, that at that time, that any future rent from that point forward should be amortized --taken out-- over a 10-year period, that seems fair. In other words, at the end of 9 years if in fact he has had to take $500,000, that he take it out of the second 10 years amortizing $50,000 a year so that he doesn't come up with an inequity as far as the City's payments are concerned. Mr. Brigham: I believe that is the intent of the lease, that they would apply to... Mr. Plummer: Well, if it is not in the lease, I think it should be expressed, because these mute points in leases can get us in trouble. Mayor Ferre: All right, can that be clarified? Mrs. Gordon: This is a net lease, isn't it? Mr. Plummer: Sure it can be clarified, very easily. Mayor Ferre: Well, do so so that we can move along because I've got to go. Mr. Plummer: I just profer to you a way of doing it, if you've got a better way I... Mayor Ferre: No, that's fine, I accept that. • Mr. Fosmoen: Commissioner, if Trainer has to make an advance payment to us, that advance would apply to the year's rent in which there is an overage, in which he doesn't have to make an advance payment to us. Now, that may be the seventh year, it may be the eighth year; in no event, could it be any later than the loth year. Mr. Plummer: Oh?..That's even better for us. If that's the way it's spelled out, did he agree to that? Mr. Fosmoen: It's in the lease. Mr. Plummer: Okay. He has agreed to it, in other words, what you are saying is... Mr. Fosmoen: That would be accomplished through the lease, Mr. Plummer: Okay, fine. So let me understand for the record, what we in fact are paying is $293,000 beyond the appraisal. Mr. Fosmoen: Mr. Grassie• Mr. Plummer: The appraisal is $240,000 Commissioner. Well, but you have to also add the $60,000 for attorneys' fees, But that's immaterial, that has nothing to do with the appraisal, Mt, Grassie: No but, 1 meat., you have to take it out of the total amount that we are paying in order to arrive at the difference. 57 Hr Pit/abet: So* in other words, we ate paying $29,000 a yeat, toughly, fat the privilege of buying it Oft time rather than a rump Sup, Mt, Fosmoent Yes, Mayor Ferret J.L., is that properly clarified? Mr. Plummer: It's all right with me. The only problem that I've got, and this is technical problem, ,., __ ,.No, it Wouldtt't be either, Mr, Trainer is already in business, there'd be no problem there, He's got 12 months in which to make the money to make the payment at the end of the first year. Mayor Ferre: I've got to go so...is there a motion now on this Resolution as amended? Mrs. Gordon: What amendment are we speaking about? Mayor Ferre: Well, what Plummer has been just talking about., Mr. Plummer: No, no, it wasn't an amendment, it is already covered. Mayor Ferre: All right, on your amendment. Mrs. Gordon: Everything is covered, ah..well that was already in it, I understand also that even the.. ---I didn't know it-- but the 60 day rent payment precedes the mortgage payment, and that's all right, I'll move it. Mayor Ferre: (READS TEXT OF RESOLUTION). It's been seconded by Commissioner Gordon, seconded by Reboso. Further discussion, call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 77-461 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, DETERMINING AND FINDING THE NECESSITY FOR A PUBLIC PURPOSE IN ORDER TO PROVIDE FOR ADDITIONAL PARK AND RECREATIONAL FACILITIES FOR THE EXPANSION OF DINNER KEY, TO ACQUIRE BY CONDEMNATION OR OTHERWISE THE FEE SIMPLE TITLE TO CERTAIN LANDS DESIGNATED HEREIN AND DIRECTING THE DEPARTMENT OF LAW OF THE CITY OF MIAMI TO INSTITUTE 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. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ON ROLL CALL: Mrs. Gordon: I would like the records to reflect my enthusiasm for this purchase is very strong because it's a ...completes the parcel of property from that point all the way across and that was what we originally had anticipated owning so that no private development could come in there and construct something that could be detrimental to the plan for the open face of the Bayfront. Mr, Plummer: Just for the record, let me clarify that in no way is this lease tied to his securing a liquor license. He currently has a beer and wine. MT, Fosmoen: He currently has a beer and wine but it is expected that Mr. Trainer 8 is going to expand his business expand into a vacant portion Of the btiiid,, Ill which will give hits the necessaty 225 seats to obtain A liquor licensaa Mi. Plummer: But nothing in this lease is contingent upon his securing A liquor license. Mt, Fosmoen: I'll have to check specifically Commission, Mt. Brigham It's tot required, it's simply that if it'd be lawful it would be allowed. Mr, Plummer: But nothing would void the lease,.. Mr, Brigham: That's correct. 3 3i SIZE CITY ATTORNEY 70 SETrUE IN COURT CAE Ctri MtiPt FILED IN CIRCUIT COURT Mayor Ferre: A resolution of the Commission of the City of Miami authorizing the City Attorney to settle the case to be filed in the Circuit Court of Dade County Florida, to be styled City of Miami v. Miley. Is there a motion? This is part of the same thing. Does the City Attorney recommend this?.. Does the City Manager recommend this?... Mr. Grassie: Yes, Sir. Mayor Ferre: Is there a motion? Mrs. Gordon: Okay, move. Mayor Ferre: Moved by Mrs. Gordon, seconded by Commissioner discussion, call the roll. The following resolution was introduced by Commissioner moved its adoption: RESOLUTION NO. 77-462 Reboso. Further Gordon, who A RESOLUTION OF THE COMMISSION OF THE CITY OF MIAMI AUTHORIZING THE CITY ATTORNEY TO SETTLE THE CASE TO BE FILED IN THE CIRCUIT COURT OF DADE COUNTY, FLORIDA, AND TO BE STYLED CITY OF MIAMI v. MILEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Reboso, the resolution passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre None. BRIEF DISWSSICN I1 1: COMMISSION ACTION CONCERNING SF.LE-CTION PROCESS OF DADE COUNTY GRAND JURY MFMORS' Mayor Ferre: Is there anything else to come yap before this Commission? Rev, Gibson: Mr. Mayor, before we leave I want to make sure,.j.t`3 a little hazy 141 say 41.114. C:unselor, yest4r44y while you. were C "'ying to ascertain whether or not the public defender had a case that would nee the question 59 that dame up in our Special Meetibg, 1 lade A coinmi.tment that in the event that they did not have that cake, that I would forthwith offer a Motion with the understanding that we take any and ail necessary legal action to efy feetuate the tettedy that Mr. Reboso brought to our attention. Now, I waist to know...have we...did we make a motion, voted to pursue that tatter in that manner? And if we didn't I have no problem, t'm all for it right now. Mayor retie: What was your question? Mr. Plummer: He wants to know if we passed a motion yesterday to take action on what we were speaking about, the answer is yes. Rev. Gibson: A11 right, I just want to make sure. BRIEF DYSCUSSIa ITQ1: WATSON ISLAND - RE JEST CITY ATTORNEY TO RENDER OPINION ON BONDING THEREFOR. Mayor Ferre: Ladies and gentlemen, before we break up, Mr. Grassie, I'm concerned about Watson Island. The Watson Island proposal was taken in April same time and then we received the bids on the 26th, was it? All tight, it was supposed to be brought to this Commission on the 1st or the 2nd meeting in May, and that's been postponed. I want to make sure that this does not go beyond May or June the 9th, now is that the date when this thing is going to brought up to the Commission? Mr. Grassie: Yes, Sir. Mayor Ferre: Now, the second thing that I would like to point out for the record is that, as I understand it, and I'm going to tell you that I have had some phone calls from individuals who are concerned that there are no changes that are being made in the proposals as submitted. In other words, this was a bid; a public, open bid. Now, none of the participants are going to be allowed to change, alter, improve..their proposal that was submitted on April 26th. Is that correct? Mr. Grassie: That is correct. Mrs. Gordon: Mr. Mayor, you brought up the subject and I'll ask Mr. Knox to give us a..legal opinion now because I have heard from a number of sources that this property development requires a constitutional revision to permit bonding for tourist attractions on a revenue -producing basis and if in fact this is so, I think we are really in a very precarious position going into contract with any one for the development. So, Mr. Knox if you would..I'm asking you to check this out..the statute, and give us a legal opinion on it? Mr. Grassie: I should indicate to you, Commissioner, that that legislation is in process right now. Mrs. Gordon: Yes, but it'll take a state-wide vote next year. Mr. Grassie: That's not true, Commissioner. Mayor Ferre: Now, wait a minute, we are not going to settle it today and I've got to go. I would like to ask that the good question asked by Mrs. Gordon be answered in writing as a legal document from the Law Department. Mrs. Gordon: I think that will be suitable before we hear it on the 9th, 3b, KEYS TO THE CITY: PETER KING, EXPORT DIRECTOR, JAMAICA. Tor 'ere: Now, at the present time I would ;.ike to ask Mr, Peter King to step forward. pease. Mr, Peter King is the Export Director of Jamaica, and 1 60 might say that l had the pleasure of hearing Mr. Bing in heoembet, and i have seldom heard a more brilliant exposition in detail of some of the re4uit menu -for an-ittefhatto i Tfade fir. &lies beets of invaluable help to the City of Miami in the 0.A.S. trade Pair and it is my pleasure at this time to tecognite him,to welcome hiM once dote to Miami which I hope he considers a stead home and on behalf of this community to presett to him the Days to the City of Miami which, of oourse, is a symbol of out goad will and the fact that we open this doughty to you, M. sting. WOURNMEHTt There being no further business to come before the City Commission, on motion duly made and seoonded, the meeting vas adjourned at 2:43 P.:. MACE A. ttRIE Mayor ATTEST: Wit# C. Ott City Cletk MATTY HIRAI Assistant City Clerk %p ■ i i irr ■ it T■am&■ w ■ ■ DOCUMENT MEETING DATE: INDEX MAY 19. 1977 TEM NO DOCUMEUT IDENTIFICATION 1 2 3 4 5 6 7 8 9 10 11 12 13 COMMISSION AGENDA AND CITY CLERK REPORT. ADVENCING $688,000.00 FROM THE CONVENTION CENTER BOND FUND, TO THE LATIN AMERICAN TRADE EXHIBITION, TO FACILITATE THE LATIN AMERICAN TRADE FAIR. DISCLAIMING PREVIOUSLY ACQUIRED RIGHT OF WAY NOT REQUIRED BY CITY AND GRANTING QUIT CLAIM DEEDS, TO ABBUTING OWNERS ON WEST SIDE OF OF S.W. 62 AVE. AUTHORIZING AN EXPENDITURE OF $3,705 FROM THE CONTINGENCY FUND, TO PROVIDE PAYMENT TO PEAT, MARWILL, MITCHELL AND CO. ALLOCATING THE SUM OF $74,487 FOR PURCHASE OF 42, 8 CHANNEL PORTABLE RADIOS FOR THE POLICE DEPARTMENT. ALLOCATING THE SUM OF $12,587 FROM THE CON- TINGENCY FUND FOR THE COST OF 42 PORTABLE RADIOS, FOR THE BUILDING DEPT. AUTHORIZING THE DIRECTOR OF FINANCE, TO PAY TO ARLENE PURTIC THE SUM OF $1,003 IN FULL AND COMPLETE SETTLEMENT AGAINST ALL CLAIMS AND DAMAGES AGAINST THE CITY OF MIAMI . ACCEPTING THE BIDS OF DIEATCRAFT INC. FOR FURNISHING MEALS TO THREE DAY CARE CENTERS FOR A PERIOD OF ONE YEAR AT AN ESTIMATED COST OF $27,495.00 ACCEPTING THE FOLLOWING BID, TO FURNISHING ADMUNITION, FOR A PERIOD OF ONE YEAR OF FEDE- RAL CARTRIDGE CORP. NOT TO EXCEED $10,099.28 ACCEPTING THE BID OF HOLLAND PAVING CO. INC. IN THE AMOUNT OF $376,410 FOR MODEL CITIES COMMUNITY DEVELOPMENT STREETS IMPROVEMENTS. ACCEPTING THE BID OF MARKS BROTHERS CO. IN THE AMOUNT OF $181,095 FOR MODEL CITIES COMMUNITY DEVELOPMENT STREETS IMPROVEMENTS. ACCEPTING THE BID OF RUSSEL INC. IN THE AMOUNT OF $37,392.50 FOR MODEL CITIES COMMU- NITY DEVELOPMENT STREET IMPROVEMENTS. ACCEPTING THE BID OF INTERCOUNTY CONSTRUCTION INC. IN THE AMOUNT OF $2,196,807.80 FOR SIL- VER BLUFF SANITARY SEWERS IMPROVEMENTS. COMMISSION 1 RETRIEVAL ACTION I CODE NO. R-77-440 R-77-444 R-77-445 R-77-446 R-77-447 R-77-448 R-77-449 R-77-450 R-77-451 R-77-452 R-77-453 R-77-454 0037 77-440 77-444 77-445 77-446 77-447 77-448 77-449 77-450 77-451 77-452 77-453 77-454 14 RESCINDING RESOLUTION 77-334 WHICH AUTHORIZED )OCUMENT1N DE X CONTINUED ge= „` 0 COMMISSION RETRIEVAL ACTION CODE NO. 15 16 17 18 19 20 DOCUMENT IDENTIFICATION THE CITY MANAGER TO EXECUTE A CONTRACT WITH CUYAHOGA WRECKING CO. IN THE AMOUNT OF $67,200 FOR THE DEMOLITION OF INCINERATOR NUMBER TWO. WAIVING THE REQUERIMENTS OF ARTICLE V, "CON- FLICT OF INTEREST" OF CHAPTER 2, "ADMINIS- TRATION" , OF THE CODE OF CITY OF MIAMI IN THE CASE OF AN AGREEMENT WITH SEYMOUR, HENDERSON, ROSEMBERG AND ASSOCIATES. GRANTING WAIVERS TO WILLIAM O'LEARY, J. SEYMOUR, WILLI BORROTO, JOSEPH MIDDLEBROOK AND THEODORE BAKER FROM THE PROVISION OF ARTICLE V CONFLICTS OF INTEREST OF THE CITY OF MIAMI CODE. ABANDONING A UTILITY EASEMENT LOCATED WITHIN UNPLATTED LAND LOCATED APPROXIMATELY AT 4343 W. FLAGER STREET. RESCHEDULING THE REGULAT CITY COMMISSION MEETING OF JUNE 23 1977, TO TAKE PLACE ON JUNE 21, 1977. DETERMINING AND FINDING THE NECESSITY FOR A PUBLIC PURPOSE, IN ORDER TO PROVIDE FOR ADDITIONAL PARK AND RECREATIONAL FACILI - TIES FOR THE EXPANSION OF DINNER KEY. AUTHORIZING THE CITY ATTORNEY TO SETTLE THE CASE TO BE FILED IN THE CIRCUIT COURT OF DADE COUNTY, AND TO BE STYLED CITY OF MIAMI V. O.B. MILEY. R-77-455 R-77-457 R-77-458 R-77-459 R-77-460 R-77-461 R-77-462 $ 77-455 77-457 77-458 77-459 77-460 77-461 77-462