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Home My WebLink AboutCC 1977-05-31 MinutesCITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON MAY 31, 1977 SPECIAL MEETING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL. mi tiTt§ F FFC1Ah •MEt 1MG CP•' tit Cit 'COMM1Bgt R OF MIAMt,•F t 1 A ****************�c*** On the list day of May, 1977§ the City Cotittnission of Mfaftii 1tii id s triet at its regular meeting place in said City itt 80aciaj. 8e§sitn to consider business of public import. The tneeting was called to order at 9:05 A.M. by Mayor Matirice Fevre with the following members of the Commission present: COMMISSIONER MANOLO REBOSO COMMISSIONER J. L. PtUMMER, JR, COMMISSIONER ROSE GORDON VICE MAYOR (REV.) THEODORE R. GIBSON MAYOR MAURICE A. FERRE Joseph R. Grassie. City Manager Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. nngie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Theodore R. Gibson, who then led those present in a pledge of allegiance to the flag. Mr. Knox: he also indicated that this is just for trial work, he agree to a capital of $25',000 :n attorney fees for the trial work and there will be separate fees for any appeals that may be necessary. Further indicated that he did anticipate that the fee for the appeals would exceed $25,000. Mr. Black also indicated rahat characterize as a potenial conflict of interest in as much as he is committed his firm is committed to represent the owners of the property involved in the condemnation for the Latin Riverfront Park. Upon investigation in convesation with Mr. Leon Black, we develop full criteria or standards which are to apply in order to determine whether or not there is 3n :act a conflict of interest. Mr. rlack indicated that there w•i.-3l" be no inter_ _ with his ability to excise independent professional judgement in representing the city, he also indicated that the City would have his undivided loyalty with respect to this case. He further made full exposure to the City of the circumstances involved in this dual representation, the only question "hich remains is whether or not the city would consent to his re- presentation under the circumstances as he has set forth. For Commissioners Gordon request I also spoke to Mr. John again and he made some adjustments in the proposal that he or- iginally offered. Originally he asked that fees be 1/2% of the City's highest appraisal and these fees would include all trials and appeals. Since that time he l:as modified that somewhat and said he would except a fee of 1/2% of the average between the highest and the lowest City apprasials. Mayor Ferre: That all out of line 'n the memo that we have of - course. Mr. Knox; So the question is, designation by the City Commis- sion on which of these attorneys should represent the City and I might also indicate that Mr. Tobby Brigham indicated that he' would voluntarily with draw from consideration. Mayor Ferre: Alright let me Mrs, Gordon: May Mayor Ferre: ?ea,,,,,, Mrs, Gordon; Excuse mP, l was going tP speak to tho ±ssi w w .Rh regards to the potential confl I don't POP that .as a conflict l att titeys a i t hti; iite S to set ei t a t . th t hayed to teOte tit•a'a it ;i t `t efit ait oit� t th4nk Flayor Vette: On a 5atti'ettlar piece of "It pe ty Which has hoth n tOO do with it. Mrs. Gordon! Exactly, and has nothing to do with who else the r'eptesettt in sottte other cases tAtOUld trove that we except the recot�tnettdatioti, if it is ali�i fight with j Mayor Terre. Wate a minlets ldiscuss tecall youthis hadrecothMendedote before we do th t. Mt, Knox three attorneys anthey were E,Black and Brighafii. Mr. Knox: Yes:... Mayor Verret Now did you also discuss this with attorney Brigham? Mr. Knox: Mr. Brigham called and indicated that he r! .d not desire' Continue to be considered for this. Mayor Ferret Alright, so in other words :we ate then down to Black and F Mr. Knox: Right. .. Mayor Ferre: I see from this memorandum as I read that number one` Mr. Black is the lower of the two, since he says he'll put a cap of 250,000, F says he'll put a cap of-300,000. Mr. Black further indicates that he would expect that it would be less than that and he also stipulates $25,000 for work. Mr. Knox: Now he only made an estimate, he did not commit himself to a or work. Mayor Ferre: He's on a hourly basis, is the rate of $200.00`an hour for him a reasonable figure? Mr. Knox: Yes sir. as a matter of fact he specifically,indi- cated that this is in the nature of an accommodation to represent a public integrity and this is somewhat°necessary.to operate. Mr. Reboso: $200.00.... Mr. Plummer: At $200 an hour.... Mr.Reboso: $200.00 an hour is hardly an accommodation I'll say that really burns me up. You know almost on that I; would vote against the Mayor Ferre: guy,, but I'm not going to because I think Mr. Plummer: Tell him we can't take any more of his charity. Mayor Ferre: Can you imagine somebody say?ng?that he's going to be payed $300,CV0, $250,000 a month in charity. Well, ok Mrs. Gordon do you want to make a motion? Mrs. Gordon; I move to except the attorney's recommendation that the hourly basis whf.ch.we had indicated with the preference to us is the only attorney that has agreed to that and 'his fee, it seem to me to be the most reasonable approach and I would so move that we give Mr. Knox permic:.Lon to proceed to negotiate a final agreement with Mr, Black. Mayor Ferre; Alright there is _ a second? a motloh4 i.s there Mr., Plummer; Ask it thrice more or let it dies Mayor Ferro; Well how are we coin , we ,4re Ping to deed n ' apl aih ' Aidkandet : Miat i ins as-6 toutist tes tt'l=As you can see at lit00•we. have a •ghost toVtn over hete and as- you kt'ow the tatiftt who aretajor'ity df cur tourist consents frotri South AftetitA t`key have a different. custom they like to eat late at 9-10 O't;iodk 6.nd theft after they eat they like go out at rite clubs, We have only 14 places to visit as a nite club and believe to two hours • different between 3-5 is not going to take a•lot of sense= !Mayor Fette: Thank you Captain Alexander, alright ladies and gentleman at this time ---alright Co:ritTlissiot%et tteboso* Mt, l.eboso: I trove it the last tiMe and .I t ove Mayor ferret Alright there is a motion rot approval as is us item 12 is there a second? Plummet: I'm not going to Gibson: Mr, Mayor? Mayor Ferret Father Gibson.' Mt. Gibson: As much as I know we're not going to satisfy every- bio:dy the committee ad work hard and long and I thought by now ybu had iron most of your difficulties and I doubt seriously that ”eire going to satisfy anybody and I hope that the people of the eominunity will realize that we're going to be damn if we do and we're going to be damn if don't and I trust if you find 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 Aecision.I could speak for every commission up here we would im- mediately change and go to a more reasonable position and with in mind I would like to second'the motion. Mayor Ferre: Alright there is a motion in a second, now would you read the ordinance.please. Mr. Knox: An ordinance amending Sect'on 3-8 of the Code of the City ^f ?ti.ami, Florida in its entirety relating to hours of sales for alcoholic beverages within the City by completely revising the hours allowed for such sales by various categories or vendors. And establishing definition for such vendors containing a repeal of clauses provision and containing a effective date. Mayor Farr: Further discussion? Mrs. Gordon: Just for clarification our packet doesn't con- tain the of the nite club from 3-5 report in our folder are cite clubs 7-3am. . Grassie: IF I understand., . Knox: You could have had the fundamental packet.: MRS., Gordon: If its in the ordinance or -in ordinance my folder doesn't have a copy. Mr. Grassie; I'll have the ordinalces Further discussion? Mrs, Gordon: No, clarification, Mayor' Ferre; clari-fication, call t ROLL GALL; Mr, Ongig; Mra 1lumn►@,ra. PIA;r; NP a ;. M 4 Ongie'; Mr FtlhpsO? Bette: t vote .May t etfe t We have befote us "er10 issteu tt ttg tegttlet city coMmissiott ttieettng of lute 1 to tAke plate, on .i tie 214 1977 Mild by Reboso 5 seconded by PtUmMet- ftifthei diseussioni call the taii. RO t CAtt ottgie t' i ti ` F1ummer' . . F ui mer' i Oiigie Mr, Reboso?:; Rebbso: Ongie't Rev. 0 bsot? ...Gibson:, "Yee", tIr. ;.oitgi�e t Mrs. cotdon? Mrs. Cordon: "Yes". Mr. Ongie Mayor:pette? Mayor Ferret I vote "Yes' Mayor Ferre: Now we're on Item #D of the morning session which is the Marti Trainor Negotiation. Mr. Manager? Mr. Grassie: Mr. Mayor and members of City Commission you have in front of you a regraphed resolution which specifies the proposed price of property of $1,235,500 and Tdenified separately $60,000 which is the attorney'.s fee idenified by the court. The Resolu- tion also provides for a payment schedule over a ten year period you will see that the attorney's fee is spread over the first two years at $30,000 each and that the first principle payment is of a $100.000 it being a $160,000 the second year and so on at a decreasing rate. Mayor Ferre: Alright Mr. Manager I mention this morning and I don't care whether it is figured with interest or how you figure it that we should be at our appraised value 5% on a ten year period. Now what doesn't that amount to ? Mr. Grassie: If You --this has not been calculated that way Mr., Mayor but if you were to calculate it that way the figure would slightly less than what you have in this Resolution. Mayor Ferre: Well those are the figures that we're going to have to live with because if we have to justify this certainly I for one wouldnot vote for something that is not at the appraise value. Sir? - Mayor Ferre; City. of:Niami doesn it: Can't be that much; Mr, Jorney; Its the hest we can 7% whats the, difference, o; with the Meyor.Ferre; Well Mr, .Jorney you're not going'to get my vote 1 don't know about anybody else but the.only way I'm going to vote for this tq at the tate that the City of Miami is paying other wise I can't justify it because then you are asking us to pay more than the appraise value, Mr, .Torney; No sir this is an installment plan that allows y to make the payments easily but the oVners is going to havet take this judgement and bank it fpr hi-s pu 'p060a. y unit e"&tt fits, Gtifc #i, t'Yes t,i l'l t lJ r g I s L 1 1 i. C .L it'1ttt a .ML.., t'. latLLl • tr: tteb sbt ' ye4r�* Mri (Thgiettevi tits§o i`? Mr`,. Gizbsofi rt est i Mtti t ngie t Mayor" . et e? Mayor Verse! t vote -'Yes" t.ayor:Terre: Take up item '#15;: relinquishing : utility, .t at approimately 4343 W. Flagier; 8t, in authorizing :the Manager and Clerk to excute a quit claims deed. The Manager: recommends sre there any objectors, , moveby Father'Gibson, seconded by. .. . Mrs.Gordon: Second it'; i .think he Hants to put "something on the .record. Mayor Ferret .: Mrs, Gordon. you want to say something? Jeffery L Mayor and Commissioners my,;name is Jeffery L. y; I: am with Meyers, , ,and the attorneysfor the parties who own thisproperty, if if` it is at all possible it would be greatly.benlfical to our clients for the Resolution not only read that :the t+"ili be relinquished but also abandoned simply for the cotiotation:' of the words. Mayor Ferre; Mr. City Atorney is that exceptable? Mrs. Gordon: Is that:ok with you Mr. Knox? Mr.. Knox: s '1 e, Mrs Gordon: Ok Mayor Ferre: Alright the records reflect that the Resolution for the'' relinquishment and . abandonment. Mrs. cordon Mayor Ferre, Is .that correct further discussion? Call the move that Mr. Mayor.` Its•. been', duly moved and seconde roll please. ROLL fix. Ongie; Mrs. Gordon?;, n. it give . Gordon; yes, -. .M , P,1utmer? ti , 4it�ttl r ; "Ye.s" Mr, Ongi.e=. 1 Reboso? Mr,Reb4,0: Mr. Og.Gib§pW? Mr,b4pn1 , A g 0; M4yQrrT Mt fi3 ttg3.e :bt? Mks aid Soft: iiSii t. Otgie . -' Mts. Giird tt Mtsr i3tdOttt "61ii" Mt, Ongie : Mayo t ette� Mayor . `ette t I vote "Yea' Mayor 'erte `(APPLAUD 'That k you ladi�a and getntleti en ; for you; patiente5, Mayor Ferret 1#'ey wait a minute , Mtn, Phillips I',iii glad to see' you':. P want to thank you fob all', your patienoee u� `,:::a6oiit: and well attd I ita Mr, Mayor atd' Commission I would like to thanit you Very much for progressing the City of. Miami one step .further may- be we can compete at last with a. fe'.t international cities.' Thank you 'again, Mayor Ferrer Alright take up item number 13, we're still it sion ladies and gentlemen, this commissionis in session-- I would request that you leave orderly and quietly please. We're now on item number 13 please extend to the rest of the people,. that are here to be heard on items the courtesy. Alright at this we will take up item number 13 authorizing the City Manager to excute an•'Jonathan G. Henderson Rosenburg Associates and David M. Scully providin professional service for designing of Talcolcy Park located onNMartin Luther King Blvd. for $32,700 and $2,300 for perliminary project expenses. City Manager recommends. ses- Mr. Gibson: I move Mr. Mayor.' Mayor Ferre: Father :Gibson. Moves, Commissioner, Reboso seconds,. further` discussion on ;item' 13--'call the roll. ,ROLL:: CALL:; Mr. Ongiet Mr. Reboso? Mr. Reboso "Yes" Mr. Ongie: Rev. Gibson? Mx. "YesGibson Mr. Gngie Mrs. Gordon?` Mrs. Gordon: Ongie:. .- Plummer? Mr. Pidtnme Mr. O.n.gis",.: : ?Neyor 'erre? Mayan Fevre, Air ght I 'Vote'* . Mayo , 'err ; 3'ake up m number Ili a 1 a .kle4;r .ng,:Reso]. Lion gp,ant ng w;e yens to Urban Development R,ev eta 13card Members; T1 rain Jon-aph.an Y tnQv by•Gor4On. 'second Plummer, Furth P:: ,di-seussion? Vn11.the , r01 - (I1AUPII3L COMMENT1 ttetney. o Mtg. 'dorda t: t3 .t ti t't i;_ VAt iet albs gets hank t tho t aMaYhts te Mayor hrte t A tight Ve 1 d8M'e 'bad k sit Mt. Plu %Men: tet fia as" k ,a questiutt; Mt Kiiom'R.r�� Mayor Vette. if we've not going to get a` aetottd eVidantly now t think what 'c e treed to do and Gotdott Why would you watt to second it? M yor Pert e; t10 lets iiait until :father d.ibsan �,.+wet11 see cores .and ;then:, Mr, Plummer: Excuse me Mr. Mayor may I ask. a question? Mt. knot': maybe I miss it, what is the diffetente•is there some:big ference between Mr, Black and Mt. Cunningham other that% .the $200 or the $1445, Mr, Knox: Right, well Mr, Flint legals who only do research they Black is Mr. Leon Black, and Mr,` Cunningham are pare - art not attorneys, Mr, teon Mr, Plummer: Well whats the' -difference between Mr,1'-atohen,'. Mr. Bryan Patchen and Mr. Black? - Mt. Knox: Mr Mr. Plummer: Is Mr. Patchen a expert in the field? Mr. Knox: All of theta probably are but on -the mass head in other words what we Mr. Black's ---the, fees name Mr. Plummer: Well I'm not paying for a name I'm going to tell you.- truthfully. Now if Mr. Patchen I assuming that that name is.here you have considered him to be one of the people who could represent the. City adequate. • Knox: All,. these individuals are apartof that law firm. . .:Plummer: ;,.What?". rs. Gordon: They re:�a11 apart of=the„ same law firm. Mr.' Plummer:: All four, of these firm. r. Knox; Right, and all four. name -fare apart of the same law ,'Ir. Knox: And one of them' will' work for;$100 and other wants $2 0 0 rs:;' Gordon: Mayor Ferris:, I think thats like saying you' -re going to get open' heart surgery and you're going to go to Ilouaton, Now ofcourse Dr. whets his name would charge you $5,000„ now you can have your heart cut open by his asai stant for $2',000' Mr, Plummer: Isn't that nice I'll do it'a lot cheaper, I r, Reboso; iMrM. Knob 1kt me ails' you a q.uestion'; Mayo Ferr,e; Yee but 'we know the results in`your case, P u mer; .Nine ,e :cer'taln his ore no have a q` es-ti n May er I ; Q m ssipner•kPP' 1111 k rdrre: M. PitIMM61, oyes, i Y re t i did Let tt heat i tilI r* VolVeeii tot the department: Mt. drwit, 04 Gtagsie t Go missione `t . by gay of rei i id t f t i ti :: ei§ion that you took about a r ohth or five t ek: a't 6 M . Plummet! I re net bet. M'. Grassie t In which you approve generally the pi.0. Mot. Plummet! Mr. Grassie p What . l' m speaking to... t' iYt on 1 'should have clarified it. F4as this a proposal that was pUt oiit. W a h er`of people -Mt. (3Yassie t Yes sir, this tags put out - to .sim different eo!rsulting firms, that respondeddtheds�aff lia�etseleotedethisaorie�l�nbt resporic�.Ktotal of i ` ten fi rms an r `our oorisidarat .on. r, Plummer: I'll move it. Mayor ?erre: Plummer moves,... Mtg. Gordon: Seconded. Gordon seconds. Further : disoUssion •on ` item 187 Call The following resolution ,was moved its adoption: R2ESOLUTION NO, 77-465 X.RESOLUTION APPROVING THE PROPOSAL OF SACHS/FREEMAN ASSOCIATES, INC. IN THE AMOUNT ''OF $28,488 FOR CONDUCTING A LIMITED TECHNICAL ,STUDY OF THE CITY' S COMMUNICATIONS SYSTEM; EQUALLY ALLOCATING FUNDS THEREFOR FROM THE POLICE HEAD- QUARTERS CRIME PREVENTION FACILITY BOND FUND AND THE FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND FUND; AND AUTHORIZING THE CITY ?TANAGER TO EXECUTE AN AGREEMENT '7ITH SACHS/FREEMAN ASSOCIATES, INC. the who 1r1�/ T iviiPitivi■ DOCUMENT INDE MEETING DATE: MAY 31, 1977 EM NOT -DOCUMENT IDENTIFICATION 1 es COMMISSION 1 RETRIEVAL ACTION CODE N0. COMMISSION AGEND AND CITY CLERK REPORT. 00001