HomeMy WebLinkAboutCC 1977-07-14 MinutesCITY OF MIAMI
COMMISSIO
1.UTES
OF MEETING HELD ON July 14 , 1977
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
4 RALPH G. ONGIE
'CITY CLERK
It�X
ItGuAtETIN
Ct�i 1 tilts� Cif 0F h1I t-L6RI114
REJECT
QRDINANCE OR
t solar! ON N0,
PAGE NO.
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REPORT ON PARK IMPROVEMENT PROGRAM FOR CULMER
AREA.
PROPOSED ORANGE BOWL IMPROVEMENTS.
DISCUSSION
M- 77-552
USE OF CITY FUNDS FOR INTERNATIONAL ADVERTISINCM- 77-553
THIRD STATUS REPORT ON 1977-1978 BUDGET. DISCUSSION
PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS PRESENTATION
ALLOCATE $700.00 FROM QUALITY OF LIFE FUND FOR
INTERNATIONAL ROWING REGATTA. M- 77-554
PERSONAL APPEARANCE: MIKE SIMONHOFF - REQUEST
FOR APPEARANCE ON JULY 28 AGENDA. M- 77-555
SECOND READING ORDINANCE: AMEND ORDINANCE
8589; DELETE $900,679 FROM SALARY SAVINGS AND
FROM DEPARTMENTAL APPROPRIATIONS FOR SALARIES. Ord. 8668
SECOND READING ORDINANCE: APPROPRIATE
$2,710,050 FOR HEAVY EQUIPMENT SERVICE FACILITY
TRUST AND AGENCY FUND. Ord. 8669
SECOND READING ORDINANCE: APPROPRIATE
$3,985,910 FOR DINNER KEY EXPOSITION HALL
TRUST AND AGENCY FUND.
SECOND READING ORDINANCE: AMEND SECTION 17-6,
17-18, 17-19, 17-113 AND 17-121 OF THE MIAMI
CITY CODE - "FIRE PROTECTION."
Ord. 8670
Ord. 8671
SECOND READING ORDINANCE: AMEND SECTION 17-35.
17-36 AND 17-326, CHAPTER 17, OF THE MIAMI
CITY CODE "BUILDING PERMITS." Ord. 8672
FIRST READING ORDINANCE: AMEND ORDINANCE NO.
8589, SECTIONS 1 AND 4; INCREASE APPROPRIATION First
TO FIRE DEPARTMENT - $42,181.00. ( Reading)
FIRST READING ORDINANCE: AMEND ORDINANCE NO.
8589, SECTIONS 1 AND 4; INCREASE EXPENDITURES
AND REVENUES $1,560,810 COUNTERCYCLICAL
REVENUE SHARING PROGRAM.
First
( Reading)
FIRST READING ORDINANCE: AMEND ORDINANCE
8589, SECTIONS 1 AND 4, INCREASE APPROPRIATIONG
AND REVENUES $1,200,000 FROM FEDERAL REVENUE First
SHARING FUNDS FOR STREET LIGHTING PROGRAM. ( Reading)
DISCUSSION AND DEFERRAL OF CREATION OF
DEPARTMENT OF TRADE AND COMMERCE PROMOTION. M- 77-556
FIRST READING ORDINANCE: AMEND CHAPTER 30
"LICENSES," ARTICLE III, SCHEDULE OF LICENSES
TAXES, SECTION 30-28 OF THE CITY CODE BY First
ADDING "PROFESSIONAL CORPORATIONS." ( Reading)
48-49
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CI1Yt SSIQ1 of MIA"IT, FLDin4
ITEM NO,
SIR ECT
pit t�tvc
REsot..uTi5N o, PAGE NO,
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FIRST READING ORDINANCE: ESTABLISH 2—YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT — PLANNING,
DOWNTOWN MIXED USE COMPLEX — TRUST AND AGENCY
FUND.
FIRST READING ORDINANCE: ESTABLISH 2—YR.
COMMUNITY DEVELOP. BLOCK GRANT — PLANNING
JACKSON HOSP. COMPLEX; AUTHORIZE CITY MGR.
TO ENTER INTO AGT. WITH DADE COUNTY, PUBLIC
HEALTH OF DADE CTY AND UNIV. OF MA. MEDICAL
SCHOOL.
FIRST READING ORDINANCE: EATABLISH 2ND YR.
COMMUNITY DEVELOPMENT BLOCK GRANT— PLANNING
RIVERFRONT COMPLEX— TRUST & AGENCY FUND ACCOUN
AUTHORIZE AGREEMENT WITH WALLACE MCHARG, ROBER
& TODD.
EMERGENCY ORDINANCE: SUMMER FOOD SERVICE
PROGRAM — APPROPRIATE $239,977.
FIRST READING ORDINANCE— AMEND ORDINANCE NO.
8371; REVISE FEE SCHEDULE CHILD DAY CARE
PROGRAM.
AUTHORIZE MANAGER TO PREPARE PLANNING DESIGNS
FOR EXISTING BUILDING AT EATON, MOORE AND
SHENANDOAH.
ACCEPT COMPLETED WORK: GRAPELAND SANITARY
SEWER IMPROVEMENT SR-5387 C AND S.
ACCEPT COMPLETED WORK: SIMPSON SANITARY SEWER
IMPROVEMENT — SR-5391 C & S.
ACCEPT COMPLETED WORK: GARDEN HIGHWAY
IMPROVEMENT H-4374 — BID "C" — HIGHWAYS.
PUBLIC HEARING AND DENIAL OF PROPOSED
ORDINANCE TO PERMIT THE SALE OF BEER IN THE
ORANGE BOWL STADIUM.
PERSONAL APPEARANCE: DR. BEN SHEPPARD,
REQUESTING USE OF FORMER MUNICIPAL JUSTICE
BUILDING.
PUBLIC i RI!X : CONSIDERATION OF REVOCATION Off' CITY —
ISSUED LICENSES PURSUANT TO S :r10N 30-11 OF THE CITY
CODE
ACCEPT PAYMENT OF $1, 343.245.10 FROM DADE COUNTY TO
TO THE CITY FDR THE DODGE ISLAND SITE.
PERSONAL APPEARANCE: MEMBERS CF CUUSER PARK CITY
DEVELOPMENT TASK FORCE TO DISCUSS PARK IMPROVEMENTS IN
THE CUIMER AREA.
DISCUSSION ITEM: SAFETY HAZARD PROBLEM IN CITY PARKS.
First
( Reading) 62 - 63
First
( Reading) 63
S First
( Reading)
63 - 64
Ord. 8673 64
First
( Reading) 64 - 65
R- 77-557 66
R- 77-558 66 - 67
R- 77-559
R- 77-560
M- 77-561
DISCUSSION
R- 77-562
R- 77-563
R- 77-564
R- 77-656
M- 77-566
DISCUSSION
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67 - 68
69 - 77
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79 — 150
151 — 1=
152 — 1=
159 — le
ItJtex
CITYISSIQFOF h(IEFtDRIIA
ITEM 90,
SUBJECT
&RDINANCE OR
SOLUTION No. PAGE NO,
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PERSONAL, APPEARANCE: ROBERT GARRIS - RENTAL SECURTITES
AUTHORIZE CITY MANAGER TO ENTER INTO A1' WITH:
DADE HERITAGE TRUST, INC. FOR HISTORIC PRESERVATION.
(190 S.E. 12 7DERR.)
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH:
RICK SISSER, AS LEGISLATIVE LIAISON REPRESENTATTVE.
AUTHORIZE AGREEMENT: GRANT USE OF MIAMI BASEBALL
SIADILIM BY MIAMI DADE COMMUNITY SCHOOL (DOWNTOWN CAMPUS
FOR CONDUCTING BASEBALL PRACTICE (FROM SEPT. 5 THROUGH
DEC. 9, 1977).
AUTHORIZE CITY MAID TO ENTER INTO LEASE WITH: MIAMI
ROWING CLUB, INC. FOR CONSTRUCTION OF STORAGE
FACILITIES FOR RACING HAULS.
AUTHORIZE CITY MANX= TO ENTER INTO AGREEKM/T WITH:
- WILLIAM R. HAUGH & CO., TO BE CITY OF MIAMI FINANCIAL
ADVISOR.
ACCEPT BID: ORANGE BOWL - CROWD OON ROL SERVICES.
AUTHORIZE MMN ER TO PURCHASE IN LIEU OF CONDEMATION
RESIDENCE AT 190 S.E. 12 TERRACE.
CONFIRMING RESOLUTION: EGRESS APPRECIATION TO SENATOR
IAWION CHILES FOR HIS EFFORTS IN CONNECTION WITH THE
CUBAN R rJGEE PROGRNg.
AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF PUBLIC
HEARING - OBJECTIONS TO AOC ETYMNCE OF COMPLETED W M
NORTH BAYSHORE DRIVE HIGHWAY I P1OV T H-4359 - BID
"A"
AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH
JE NNINGS TOWING SERVICE FOR RETRIEVAL OF DUMP TRUCK
AND BULLDOZER AT VIRGINIA KEY.
ACCEPT OWL= WORK: DEMOLITION OF INCINERATOR
NO. 1.
CLAIM SEI TLE TENT: GUARINO AGUILERA.
CLAIM SETTLEMENT: C'ERISTINE MONIGOMEY.
CLAIM SETTLEMENT: LEONARD BUSHMAN.
CLAIM SETTLEMENT: TVIDIO
CLAIM SETTLEMENT: ISABEL PESANI.
ALLOCATE $2,500.00 FROM, QUALITY OF LIFE PROGRAM TOR
ELECTRICAL SERVICES AT DALLAS PARK HOTEL, LOWE AKT
MUSEUM.
ALLOCATE $20,000 FROM CONTINGENT FUND TO PVND 4%
INTEREST WAIVED BY ORDINANCE NO. 8659 (LABORERS,
WATCHMEN AND CUSTODIAL SERVICES) .
DISCJSSION
R- 77-567
R- 77-568
R- 77-569
R- 77-570
R- 77-571
R- 77-572
R- 77-573
R- 77-574
R- 77-575
R. 77-576
R- 77-577
R- 77-578
R- 77-579
- 77-580
R- 77-581
R- 77-582
R- 77-583
R- 77-584
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Irma
CITli �i�' SSiCiWIAMr FIDRIM
ray ht.
SIB,1EC1
INANCE --
SOLUTI ON NO
PAGE NO,
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14UTHDRIZE CITY TO ENTER fl IO AGREEMENIS WHICH
WILL INCREASE FUNDING AVAILABLE TO THE CITY, EXTEND
FUNDING PERIOD FOR TEMPORARY PUBLIC SERVICE JOBS
PROGRAM UNDER TITLE III.
ACCT'PT BID: OSCILIASOOPE AND SPECTRUM ANALYZER.
ACCEPT BID: RADIO EQUIPMENT.
ACC3:'PT BID: STATIONARY PLANTERS.
ACCEPT C MPLETED WORK: HENDiRSON PARK - LAYKOLD TENNIS
COURTS - 1976
CITY CENIETEItY IMPROVEMENTS.
ACCEPT HIC .Y RIGHT -OF -MY DEFT - CFMINI IV MI/MOUSE
ASSOCIATION, INC.
AUTHORIZE CITY MANAGER TO AMEND SERVICE CONTRACT WITH
PETE, MARWICK, MITCELL AND CO., STAFF -LEVEL EVEf AUDITOR
ASSISTANCE.
R- 77-585
R- 77-586
R- 77-587
R- 77-588
R- 77-589
R- 77-590
R- 77-591
R- 77-592
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174 - 17:
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF M AMI, FLORtbA
On the 14th day of July, 1977, the City Commission of Miaiai, Florida, met
At its regular meeting place in the City Hall, 5500 Path American Drive,
Miami, Florida, in regular session.
The meeting was called to order at 9:05 a an.by Mayor Maurice A. Fevre
With the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
'Mayor Maurice A. Ferre
Joseph R. Grassie, City Manager
R. L. Fosmoen, Assistant City Manager
George F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Reverend Gibson who then led those
present in a pledge of allegiance to the flag.
Reading of the Minutes: Moved and waived.
Mayor Ferre; We are now on item No. A which is the Report on the improve-
ments of the Orange Bowl and I would like to ask how many people are here
for that. Nobody. How long will it take, Mr. Grassie, in your opinion?
Mr. Grassie: The initial presentation, Mr. Mayor, will take approximately
10 to 12 minutes.
Mayor Ferre: And then we have item No. B which is the discussion and the
monthly update for Fiscal Year Budget.. How many people are here for that,
members of the public? And then we do have the report on the Culmer area
which I know that there at least six people. Anybody else?..Who is here on
the Culmer area Report? It seems to me then, Mr. Manager, that it would be
appropriate to take that item where the public is here. I wouldn't mind
making Howard sit through an hour of testimony on Fiscal Year coming up and
the Orange Bowl but he may want to do that on his own and I would rather not
force him to do it so if you don't mind let's take up the Culmer area first
and then he could have his choice of staying and watching the fun or leaving.
Is that all right with you?
Mr. Grassie: Certainly, Sir.
1, REPORT ON PARK IMPROVEMENT PROGRAM FOR CUU1ER AREA,
Mayor Ferre: We are on item No. C.
Mr. Grassie: The principal thing now, Mr. Mayor, that we want to accomplish
with the City Commission in reporting to you on.the Culmer .area is -one, to
bring you some background and information with regards to the contacts the
staff has been having with members of the community and also to make a series
of recommendations to you which will lead towards the accomplishment of the
park improvements which have been promised in that area for quite some time.
I think it goes without saying that the community has had a significant dis-
cussion in the last two months of the park projects in Culmer and one of the
conclusions that we obviously come to is that they are way behind schedule.
Now, without aiibying for any of that past performance what we are concerned
with now is getting the projects on a schedule which is accomplishable and
tin 111077
Which will give you some certainty that things will be done on time.
S o , basically , that's what we want to talk about, we want to tax about where
the money comes from and make some recommendations for your approval if you
wish. I am going to ask Mr. Fosmoen to start the discussion.
Mr. Fosmoen: Mr. Mayor, members of the Commission, there are current-
ly three parks which are receiving a considerable amount of em-
phasis in the Culmer area, that's Dixie Park, Dorsey Park and
Central Miami. There was a meeting several weeks ago with the citizens
in Culmer and my impression is that at that meeting the citizens were concerned
that if work is started on Central Miami that somehow that is going to delay
Dixie Park and the cmmunity is very concerned in moving ahead on Dixie Park
as quickly as possible. The problem,I think/is perhaps two -fold. Number one,
Central Miami is a much smaller park and the design work, the development
drawings have been completed and we can move quicker on that park. Second, as
we reported to you several months ago, that there was a little over $1,000,000
left in the Culmer allocation for Parks for People. If we add up the expected
costs for all of those parks -Dixie, Dorsey and Central Miami,- the cost to
complete them in accordance with an agreed upon program is going to exceed
those dollars that are available from Parks for People. .Our recommendation is
that we proceed with Central Miami, that we do approximately $100,000 worth of
work on Dorsey Park, that we continue with the design on Dixie Park, let that
contract in Dixie Parkin phases'so that we can begin some work there, for
instance, renovation of b as ketballcourts, and if in fact the final bids come
in in excess of the dollars available in Parks for People/that we look to
fourth year Community Development funding to complete th program at Dixie Park.
Now, a couple of other words of background information- the original Parks for
People Program envisioned an expansion of Dorsey Park, approximately doubling its
size. When appraisals were completed,the appraisals were slightly higher than
the dollars that had been allocated for Dorsey Park. Furthermore, when the
property owners adjacent to Dorsey Park were contacted, the property owners
indicated that they were not willing to sell and I think that we all recognize
from past experience in acquisition of property that when we get into condem-
nation we are going to experience substantially higher costs than our appraisal
shows. So we are recommending, and the Parks Department representative is here
and can speak to it/that approximately $100,000 worth of work be done on the existing
Dorsey Park site. One other word of background, the original Dixie Park site
was smaller than that which we are currently working with. In addition, after
the allocation for that Park.a dollar amount of allocation was made. There was
a program agreed to for Dixie Park and that program, in other words, the compo-
nents, the improvements that are going into that park which was agreed upon by
the community, are going to exceed the dollars that were originally allocated
for Dixie Park So,in summary, in order to complete those three parks I don't
think there is any question in our mind that there is not enough money left in
the Parks for People Bond issue allocation for that district to complete those
three parks. But we are recommending that we move ahead on the three parks
and that whatever needs to be completed at Dixie be done out of Fourth Year CD
Funding.
Mayor Ferre: All right, is there any question of the Administration by the
Commission. Would you give us the specific figures of the numbers that are
involved in all of this.
Mr. Grassie: Yes, Mr. Mayor, but before I ask Mr. Fosmoen to do that I want
to make one point with you simply for background, and that is to remind all of
us that initially the Dixie Park project was scheduled for bond purposes, it
was advertised to the public for bond purposes.
Mayor Ferre: When did we originally?..When was the date that we originally,
a previous Commission obviously, decided to do something with Dixie Park?
Mr. Grassie: This was originally discussed...
Mayor Ferre: No, no, I'm not talking about the talk Joe, I'm talking about
when was the first motion that any Commission passed...because that is when
it starts, not the discussion but the actual motion, or resolution, what's
the date of that?
Mr. Fosmoen: The commitment to do something at Dixie was made in 1972 bond
issue in the materials that were.generated.to the community.in support of that
bond issue.
Mayor Ferre: A11 right, can you give us the figures on both areas?
JUL 141977
es .4it4-
t � os oett
Mayct retie:
Okay, the `rat igifial. bona
bond allocation for
allocation foir Dixie Park was $6l6, 00)
Dixie in the 19 2. ,was how much?
r 1'ostboen t $616, 000, ` now in addition td that, in about
Vas added to that allocation from horsey parka
Mayor Terre: April, 1975, but was that for Dixie Park?
Mr,
Posttoefi t. It was moved
Mayor Ferre: It was moved
three hundred what?
Mr. Fosmoen: $300,000.
April 1975, $300000
from Dorsey over to Dixie.
from Dorsey over to Dixie, and how with is that.
Mayor Ferre: All right, now, the people at Dorsey Park that the community
committee meet and..did they apptove that?
Mr. Fosmoen: My understanding is
at Dorsey and increase at Dixie.
that the community agreed to that reduction
Mayor Ferre: It was agreed by the...Who vas
do you recall?
Mr. Fosmoen: I tell you.
can't
the Chairman of the Committee
Mayor Ferre: Do we hve minutes of that or do we have a record of it?..
pt. Johnson, all right; and that was agreed upon. So in other words,.
what you are saying is from bond sources and other sources we roughly had
$916,000.
Mr.
Fosmoen: That's correct.
Mayor Ferre: All right, now, how much of that actually has been expended?
Mr. Fosmoen: $250.000 for land acquisition. Now, we should also recognize.
Mr. Mayor, that there is another $125,000 that has been committed for Dixie
Park...
Mayor Ferre: ..out of those funds.
Mr. Fosmoen: No, to Dixie Park from Community
Mayor Ferre: I see, okay, CD funds..
Mr. Fosmoen: $125,000.
Mayor Ferre: When was that committed?
Mr. Fosmoen: I think that was First Year CD.
Mayor Ferre: Anything for the second year?
Mx. Fosmoen: No.
Mayor Ferre: So, the total amount committed is approximately $1,035
Mr. Fosmoen: That's correct.
Mayor Ferre: What's the total estimate
it, the way it's been approved?
Mr. Fosmoen: $1,142,000.
Mayor Ferre; $1,142,000, is that correct?
Mr. Fosmoen; That's the construction cost, that/0 cor-rect,
yor Ferre: So, that is i.n add ition to the $250,000 for the lend purchase,
is that correct?
Foswoep; That's corr'et,
Development funds.
subsequent years?`
cost of completion the way you have
yot Ferret So the total COst for the btoiect is how Tuch? t fiheaii, ate
these figures tight? it's $1,400,000.
Mr. Fosmoen: Approximately, the.total cost for HiXie Park improvements.
Mayor Ferre: All right, now, what you are saying is that we are short about
$350,000 or thereabouts.
Mr. Fosmoen: Approximately that.
Mayor Ferre: We are short $350,000, now let me ask you this. Is there any
other park that has had...no, let's start over again, - how many, it the bond
issue,.how many identifiable areas did we have?..$39,000,000.that.was earmarked
in the bond issue?
Mr. Fosmoen: How many park projects were identified?
Mayor Ferre: No, they were done by districts.
Mr. Fosmoen: Oh, they were 9.
Mayor Ferre: There were 9 districts. Did each district have moneys allocated
to it?
Mr. Fosmoen: Yes, Sir.
Mayor Ferre: All right, the total amount was just under $40,000,000, right?
The largest district was what?
Mr. Fosmoen: Downtown.
Mayor Ferre: How much was that? What was the amount allocated to downtown?
Mr. Fosmoen: About $28,000,000.
Mayor Ferre: What was the smallest amount, Al, of the nine districts?
Could you find out for me? The point that I am trying to make is this,
was the order of the distribution of that determined at a public hearing? I
was not on the Commission at that time, as you may recall, I was off the Com-
mission from 1970 through 1973, so I was off of the Commission at this time
and I was just not present during these discussions and you were not here, but
the question, I guess is, for the record, was there a public hearing held to
determine the priorities of where the money would be allocated?
Mr. Fosmoen: I can't answer that, I don't know whether there was a specific
public hearing.
Mayor Ferre: Marty, you were involved at that time, weren't you? Would you
tell us, would you speak to that point?
Mr. Fine: For the record, my name is Martin Fine, at 2401 Douglas Road. I
apologize, Mr. Mayor, for not bringing the formal minutes of the meeting because
I thought this meeting was scheduled at 4:30 PM and I was going to go to my
office but I can tell you that I appeared along with others in January of 1972
before a meeting of the City Commission at which we specifically asked and it
was agreed that 25% of the funds minimum would be used for parks...for the ac-
quisition and development of parks in areas of the community such as Culmer
and over town and other areas like that as opposed to downtown. We specifically
used that figure and specifically said that we could foresee the:possibility
that all the money was going to be used for waterfront parks here and downtown,
and that was the agreement.
Mayor Ferre: Well, it.seems to me Martin that that was exactly what that
Commission did, it took out of the $39.8 million 25% which is basically $10
million and allocated it to.all.the parks and the rest of it, which is $28
million, was allocated.to the waterfront property but I was wanted to make sure
that we had followed a public hearing procedure in the determination as to how
that money was going to.be.spent.
Mr, Fine: That is my recollection.
Mrs, Gordon: Mr, Mayor, I was here too at that time and one of those who worked
4
JUL 141977,
hard together with other members of this Commission who were here to get
that bond issue passed and, yes, there was a public hearing as I recall
and also a great amount of public involvement by way of informing the public
Of what specifically they.were going to be voting on.
Mayor Terre: As I recall, Rose, didn't the garbage drivers in the Sanitation
bepartment distribute a pamphlet?, it was a yellow and orange sheet as I remember it.
I think the truck drivers actually, and of course the people in sanitation,
passed out these things on a door-to-door basis.
Mrs. Gordon: I am not sure about that, Mr. Mayor, I don't recall.
Mayor Ferre: I remember it.because I remember calling Mel Reese at that time
about it, and there was a lawsuit that was filed to try to stop this, wasn't
there?
Mrs. Gordon: The Grapeland Heights Civic Association.
Mayor Ferre: That's what it was.
Mr. Plummer: No, Rose, that was to stop the sale of the bonds by the Grapeland
Heights, it was a law student as I recall trying to make a name for himself at
the University of the Miami who filed a lawsuit stating that we were spending
City taxpayers' dollars to distribute and advertise and such and, of course,
that was frivolous and it was thrown out on its face. Then the Grapeland Heights
held up a bond of..oh, I think it was almost 8 months until another attorney
trying to make a name for himself went for it and got all kinds of publicity
and that again was thrown out....
Mayor Ferre: Just for record...wasn't that Rubin?...
Mr. Plummer: No, I'll tell off the record.
Mayor Ferre: There is no sense in saying it off the record, I'd like to put
this on the record because I think it's important that this document be complete.
Mr. Plummer: It was ironic that in fact that the very section of town which
had received in the past probably the best parks and total complex were the
ones who not only voted against the bond issue but also tried to stop the sale
of the bonds.
Mayor Ferre: Was the civic association of Grapeland Heights active in the law-
suit or was it an individual?
Mr. Plummer: I don't recall, I only remember the one person..
Mayor Ferre: David Cery was the
senting the civic association or
Mr. Plummer: I don't remember,
that I do remember.
Mayor Ferre: Fosmoen.
attorney and the question is was he repre-
was he representing an individual?
but it was on behalf of the Grapeland area,
Mr. Fosmoen: I think you asked two questions Mr. Mayor, what was the original
allocation by district, and the second- were there public hearings on those.My under-
standing is that just prior to the bond issue there were three areas talked about;
North City, South City and downtown. Subsequent to the bond's approval, there
were a series of public meetings in neighborhoods and there was an allocation
made among the nine neighborhoods, the nine planning areas.
Mayor Ferre: Wait, wait a minute, I beg to correct you on that because by
that time I was active on this thing. I was active in the campaign and sub-
sequent to that I became active in the neighborhood and when I first became
interim Mayor in the Spring of 1973 until August, 1 think it was March to
August, I remember specifically going to these neighborhood meetings and at
each meeting what was presented was the following: it would be a member of
staff, the member of staff would say, now, I want to point out that we have
"z" number of dollars. allocated, $450,000, now, how would this committee like
to have that money spent,but it wasn't an open-end thing, in other words, what
do you want' you know, it was -you have "x" number of dollarsinow hare Are the
things that are available that you could choose, now you tell us what you want,
afid at these meetings, after a series of them, there was an elaboration...
it taas all put to a vote and these community areas were voted upon,finalized and
btought to the City Commission. By that time,.as I recall, there were again
City Commission meetings were.the Chairman and a lot of the people from the
neighborhoods came up and represented what it was and what it was that they
wanted, and I might add that to the best of my recollection, the City of Miami
Commission without any exceptions agreed to all,of the proposals that came up
from the committees, is.that correct Mr. Howard?
Mr. Plummer: It's correct, except with one exception, in a few areas there
was an internal disagreement among the committees in which we, the Commission,
had to be the final say.
Mayor Ferre: ARe,you talking about Allapattah?
Mr.P lummer:I'm talking in particular about Allapattah in which they would
not agree among themselves, there were fractions and they had diversity of
agreement and where the Commission had to actually take the bull by the horns
and say, okay, since you can't all agree here we...
Mrs. Gordon: I have a question, Mr. Mayor, for information purposes. Mr.
Fosmoen, the point I want to get clear is the amount of money that the bond
issue .allocated for Culmer, you know, all that talk about Culmer, .. .
of that...what was that allocation for the total Culmer area?
Mr. Fosmoen: Let me give you two figures and let me also indicate that the
bond issue allocation was not for the Culmer area as we are discussing it
today but rather Culmer-Wynwood, which includes a.larger area than just the
Culmer neighborhood. But there are two figures that I would like to give to
you. The original 1972, there was some adjustment in the 74 allocation, was
$1,693,750; now, that allocation was reduced to cover City-wide kindsof ex-
penditures, small equipment and so forth, that has been prorated against each
of the districts.
Mrs. Gordon: Mr. Fosmoen, this figure you just gave us was the combined area
of Wynwood-Culmer?
Mr. Fosmoen: Wynwood-Culmer, that's the planning area which was used for Parks
for People.
Mrs. Gordon: All right.
Mr. Fosmoen: The second figure I'd like to give you is $1,662,012.
Mayor Ferre: What's that.
Mr. Fosmoen: That represents the Wynwood-Culmer allocation after deducting
on a pro-rata share from each of.the areas, pre -bond sale costs, some of the
minor expenditures that have been concern. So I think, for our purposes today
if we can use $1,662,012, it will avoid a lot of confusion.
• Mayor Ferre: Okay.
Mrs. It is not much of a difference.
Mr. Fosmoen: No, it's.about $30,000.
Mayor Ferre: As long as you tell me that it was done on a pro-rata basis,
then, as long as you tell me that it was a reasonable amount, then I don't
have any other question.
Mrs. Gordon: Then, the next one is, since it was a combined area, the
Wynwood area, how much money have we spent for the Wynwood area?
Mt. Fosmoen: There have been $22,000 spent...by the way, this was reported
to you several months ago in that _Project Status Report. $22,800 spent on
Athalie Range No. 1; $250,000 spent on Dixie Parks for land acquisition;
$155,000 has been spent on Central Miami —that was the City's portion of
the neighborhood facility there plus $15,000 in design fees, and
$132,000 has been spent on Roberto Clemente,
'JUL 141977
yot #ettet Wait, wait, yoti ha'Ve 'gone too fast. $2
$256,000 at bixie.,,
Mt, Fosmoen: $155,000 oh Cehttai Miami and $112,800
Mts, Gordon: That was the thing 1 wanted.
Mayor Ferre: „ which is Wynwood.
Mts. Gordon: Yes, Wynwood was $132,000, correct?
Mr. Fosmoen: Cotrect.
Mayor Ferre: So the total amount of expended is how much?'
Mr. Fosmoen: Spent or encumbered currently encumbered for design Services
.
$560,643.
Mr. Plummer: How much is encumbered?
Mr. Fosmoen: There are some minor amounts encumbered for design'
Mayor Ferre: By minor what do you mean? $1,000?
Mr. Fosmoen: I have $15,000 for design fee on....
Mr. Plummer: What figure do you show as total monies...
Mr. Fosmoen: $560,643.
Mr. Plummer: Well, I show a difference of $45,000. You gave the figures o
$22,800, $250,000, $155,000, $15,000 and $132,000.
Mr. Fosmoen: That's correct.
Mr. Plummer: Comes to $605,000.
Mr. Fosmoen: Well, I guess I'll have to add them Commissioner because I'
reading off this sheet.
Mr. Plummer: $605 and $560 deducted from $605 is $45,000.
Mr. Fosmoen: I'll have to add them up. I'm reading off the sheet. The
point is though that there is $1,100,000 left and it is simply not going
to build all of the parks in accordance with the program that is being
proposed and what we are saying is that we should go ahead and build what
we can and take what we need out of the fourth year CD.
Mr. Plummer: Well, let me ask the obvious question which is the overtone.
Has this happened in any other of the project areas?
Mr. Fosmoen: You mean, are there...
Mr. Plummer: Did these same problems exist in other areas? Has inflation
eaten you up? ..has the money not been available?
Mr. Fosmoen: Sure.
Mr. Plummer; I didn't hear the answer.
Mr. Fosmoen: Yes.
N. Grassie: Well, Commissioner, when you talk about problems, you know,
one of the things that I tried to tell you just a while ago and wasn't able
to/ was that you have to start by realizing that the bond program provided
approximately $600,000 for Dixie Park, and two things happened: one, the
size of the park was increased by 5 acres over what was initially planned,
basically because the property was given to the City by the county and wade
available to the neighborhood, so that had to be programmed .n,..
•
Mayor Ferre: 1 thought we had paid $250,000.
Mr. Grassie: That's in addition. Mayor; and the second thing that happened
is that, in the process of the neighborhoods deciding what they wanted, they
decided on about twice as much as had been initially programmed.
Mr. Plummer: Whose fault is that?
Mr. Grassie: It's nobody's fault, that's --you know-- that's what happened.
Now, that means we ended up with more expense. The only thing is that neigh-
boyhood in a very logical process, decided that they did not want to spend
$600,000 at Dorsey, they re -allocated some of that money...
Mrs. Gordon: A question, Mr. Mayor, that might be important...
Mr. Grassie: ...And the second thing, if I could finish, is that we are now
suggesting that because the neighborhood has asked for some additional improve-
ments in that particular park, that we go ahead, make all the improvements we
can with the money we have and finish the neighborhoods' program by using CD
money. Now, that's the recommendation. It's nobody's fault, it's simply
the development of the process of the citizens deciding what they want, they
actually decided that they wanted more than we could afford, but we are going
to find a way to afford it over a period of time.
Mrs. Gordon: Can you please tell me, if you can, was there some money given
to the City by the County for some property that was taken by the county from
Dixie?...was it Dixie? ..a sum of something in and around two hundred and
some thousand dollars. Correct me if I'm wrong, please.
Mr. Howard: The only money I know is when the expressway came in and took
some of the property at Dixie Park.
Mrs. Gordon: Right, and there was an allocation.
Mr. Howard: Right, but that was put into the General Fund at that particu-
lar time, I think it was about $20,000..estimated of property.
Mrs. Gordon: How much?
Mr. Howard: $20,000 from the Dixie area and..other areas...the expressway
authority paid to the City. At that time it went into the General Fund, I
believe it was in 1968.
Mrs. Gordon: Well, will someone do a little research and get us more
specific information on this. How much money was it that was given to the
City by the county at the time of the land acquisition by the county, and
you know, specifically what happened to it.
Mayor Ferre: Well, that will be more than $20,000...
Mrs. Gordon: I'm sure it was, somewhere in the back of mind it ranges in a
much higher figure but I don't want to say for sure.
Mr. Grassie: My recollection,..and I've only seen this some place in passing,
my recollection is that it was closer to $200,000 total but what Mr. Howard
is indicating is that about $20,000 of that could be allocated to land taken
from the Culmer area, is that what you are saying?
Mr. Howard: I think the total was $200,000 because there were other areas
also that the expressway touched, but I'm not sure of my figures.
Mr. Plummer: Mr. Mayor, you know, unless someone is going to come here today
and say that the money has been stolen or money has been intentionally moved,
and I haven't heard that yet, I think we've had enough of history. I think
it's time...
Mayor Ferre; .No, not yet, I'm sorry J. L., I've got some questiouwthat I
need answers for...
Mr. Plummer: Well, Mr. Mayor, you know, answers take time and time has been
the problem and please, I'm not going to in any way try to deny -you -your
Might to get answers.
JUL 141977.
Mayor Ferre: There are some valid points that have to be brought.out that
Ate:Crucial to this because otherwise people misunderstand and have a way
of getting only half of the story or only a part of the story and that's very
luifair and hurts a lot of people. It isn't the one or two persons that ate
hutt you are talking about literally about thousands and thousands of people
that are hurt because one, they misunderstand what's happening or you get
into some type of emotionalism involved in this without all of the facts and
that leads to something that I think is called demagoguery and I think that
we've got to be very careful about that, so I'd like to get all the facts
on top of the table, for the record if for nowhere else. At least that way
We are conscious and very clear as to exactly what the process has been so
let me ask. I only have basically two more questions. Mr. Knox, I think
we now turn to you on the legal aspects of it and I think it's important
that you review...well, wait a minute,•one more question from you, Mr.
Fosmoen, the question is this: have any monies from the Culmer-Wynwood
area been transferred out to another section of town?
Mr. Fosmoen: Not to my knowledge, Commissioner, we are still working with
the same allocations.
Mayor Ferre: Have any monies other than the transfer from Dorsey to Dixie
occurred anywhere else in the Program,from the $40,000,000?
Mr. Fosmoen: Yes, I think a number of instances like...
Mayor Ferre: So, in other words, this is not the only place where money
has been transferred.
4 Mr. Fosmoen: There have been overruns in parks, there have been underruns,
but for the most part we are still working with the same target area, dis-
trict allocations.
Mayor Ferre: Now, let me ask you this, have any monies been transferred out
of districts, now there have been monies transferred from one park to another
park within a district. Have there been any monies transferred from one dis-
trict to another district?
Mr. Fosmoen: Not by official action of this Commission but I have to point
out as we pointed out several months ago that there is a $1.4 million over-
run in Coconut Grove.
Mayor Ferre: Now, that $1.4 million over -run in Coconut Grove has not been
covered.
Mr. Fosmoen: It has not been covered yet.
Mayor Ferre: Was that due to Kennedy Park?
Mr. Fosmoen: Basically, it was due to the acquisition cost at Kennedy Park.
Mayor Ferre: And how about Wainwright Park? Is that part of it?
Mr. Fosmoen: Yes, Wainwright also.
Mayor Ferre: Wainwright and Kennedy Park, which is something that we've been
dealing with for the past seven or eight years, it isn't something that just
happened; it was a commitment that was made many, many years ago .
Mr. Fosmoen: It was a commitment that was made but there is a $1.4 million
over -run in the expenditure of Parks for People Funds in Coconut Grove that
has not been covered yet.
Mayor Ferre: have we taken any of that money from the Wynwood, Dorsey -Dixie
Park area?
Mr. Fosmoen: You have not transferred money between districts yet.
Mayor Ferre: Now, let me ask you this. Have there been any over -runs so
far in the downtown area?
Mr, Fosmoen:
yet,
,IUI 1A1077
Mayor Pettet Not yet, How ituch money do we have left in the downtown ftind?
Mr. Fosmoen: I have to clarify your.question, because what I have shown here
are dollars that are not encumbered, now...
Mayor Ferre: 1 get your point,that there is $3.5 million that have been
encumbered because we've already pledged that for the purchase of the frontage
on Biscayne Boulevard.
Mr. Fosmoen: Well, as a matter of fact, by the action of this Commission there
is $11.5 million that is encumbered by an action of this Commission to cover the
cost of the F.E.C. property in addition to the $3.5 million that is in the bank.
Mayor Ferre: Okay, that's the point.
Mr. Fosmoen: I don't have with me today the dollars that have been spent, the
dollars that are encumbered ...and I can tell you the dollars that remain un-
encumbered.
Mayor Ferre: Well, let me ask you the question in other way, let me -on the
record- let me put it to you this way: including what is under construction
and under way in Bayfront Park of the Americas and including what has already
been expended at Bicentennial New World Center Park, and including the taking
of:the remaining F.E.C. property for no more than $15 million dollars, -and
that's a big "if"- but I'm qualifying it that way, do we have sufficient
monies in the downtown fund to cover the downtown commitments? I'm talking
about Phase I of Bayfront Park and the taking of the F.E.C. for not more than
$15 million.
Mr. Fosmoen: I think I'm going to have to add some numbers up before I can e,
give you the answer.
Mayor Ferre: Well, my guess is that if we can buy it for $15 million includ-
ing the $3.5 that's already in, we have sufficient money to do all of these
things, and that's what I want a yes or no answer to, and if the naswer is
no, I want to know by how much are we short, and if the answer is yes, then I
want to know how much do we have left.
Mr. Fosmoen: I think we need to recognize and, again, I can't give you a
yes or no answer right now but the downtown district included more than just
the Bayfront Park, it includes for example, Pace Park in the original plan-
nign district.
Mayor Ferre: It also includes the River -walk; it also includes the Fort
Dallas Park.
Mr. Plummer: It also includes the Mini -Park.
Mayor Ferre: It also includes the Mini -Park.
Mr. Plummer: And there is also $1.5 million in expenses that somebody seems
to be conveniently forgetting.
Mrs. Gordon: Mr. Mayor, while they are doing some figures, may I ask the
Manager a question?
Mr. Grassie: Well, let me give you the same answer that I gave you three weeks
ago on this, if you follow the Mayor's assumption, that is, that the court will
agree with the $15.million figure. you assume that, that the court will
agree to no more than our appraisal and recognizing that you have at least $1.5
million worth of additional expenses, principally attorneys' fees, you are
talking about a $16.5 million expense. Now, if you remember from the report
that I gave you 3 months ago, about a 30-page report on all of this funding,
that you had $14.5 million left and that included...
Mayor Ferre: Of which you allocated $11.5 ...
Mr, Grassie: ..,and.that included $3.5 million with the courts.
Mr. Plummer: Which means, we are $2 millions short from the begittaiug.
JUL 141E
Mt. Gtassie: No, no, let me put it to you in another way. We had $3►5
billions with the courts and we had $14.5 million of money available. Now,
if you put those two figures together and you make the assumption that you've
bade with regard to the $15 million project...
Mayor Ferre: You've got $18 million left.
Mt. Grassie: ...then you can cover. As long as that is a good assumption,
then you are all right.
Mayor Ferre: And so all I'm saying is, of.about $18 million you've got
$15 million plus $1.5 million, which is $16.5,1et's say that that goes up
to $17 million, you still have a million dollars left over for whatever
sources are going...in the downtown area.
Mrs. Gordon: Mr. Mayor, may I ask the Manager a question, please? Mr.
Grassie, could you please tell me how much money of the sold bonds we have
in the trust account for the parks acquisition, development, or Mr. Fosmoen,
if he has the answer, total.
Mr. Fosmoen: $3,360,000 are in court for the F.E.C. purchase.
Mrs. Gordon: No. The original bond sale was for $27 million, if I recall,
or $28 million, that's what it was. The original bond sale..I want to know
out of that $28 million how much money is yet unspent, not that it isn't commit-
ted, but not actually spent. The purpose for my question is that that money
is on deposit somewhere...
Mr. Grassie: Are you asking about a cash balance, Commissioner? Is that the
question?
Mrs. Gordon: Yes, Sir.
Mr. Grassie: Well, that's the subject of course of the CPA audit, the audit
that we just had.... and 1 don't remember the figure.
Mrs. Gordon: Okay, well the question is not to be too specific on the figure
but on the method or...what is happening to the interest that is being gene-
rated by those dollars that are on deposit, which are over and above the
dollars we are paying for the bond issue.
Mayor Ferre: The law is very specific on that, by State law.
Mrs. Gordon: Yes, Sir, I just want t: know what the answer is and, can you
tell me Mr. Grassie? Does thatmoney come in and go into that fund to increase
it or does it go into the General Fund? That's what I want to know, what
happens to it.
Mr.Grassie: I had an impression different from the one you are indicating.
My impression is that the interest stays in the Fund if it's dedicated, but
apparently the Mayor is indicating a different kind of proposition.
Mayor Ferre: By law, and if you Mr. Gunderson down here he'll tell you that
by law, State law, and by the bond indenture instrument itself, any monies
that are sold, in that the bonds that are placed in deposit, the interest
earned thereon must be used for the retirement of the debt and it is by law
used only and exclusively and can only be used for the retirement of the debt.
Mr. Grassie: But within that Fund, it has to stay within that Fund, it has
to be dedicated to the purposes of the initial bond issue.
Mayor Ferre: In other words, you can't transfer out of that Fund and set it
off and use it for other social projects or otherwise.
Mrs. Gordon: Yes, but the interest, Morty, that ,...the point I'm trying to
get to is just a clarification not a statement of any kind other than that,
is less than the amounts that are paid on CD, you know..
W. Grassie: Of course.
Mrs. Gordon: And, you know, if -you generate 7 and you pay 5, that's 2%.
Mayor Ferre; Well, it isn't quite that good but let me put it to you thia
44
tray, as you know, the last bond sale that the City of Miami had, which was
now in May, we sold $28 million at 4.9%, which by the way, it was 11 point
less than Metro, who sold within a month a similar bond and had to pay h a
percent more. As you know, we have an A+ rating, we went from A to A+ and
we are AAA, I mean, we are double. We are A+ in one and double A in the
other, I forget which. Standard & Poors or Moody. . But now, the point
is this, that when we put monies on deposit in the bank and they are long
term CD's, we can get 51/2%-6%, and if our cost of money is under 5% there is
usually 11 point or 1 point spread, and if we have say $10 million in deposit,
in effect, the difference is about $50,000 a year, and that $50,000 or $100,000
or whatever it may be, has to be allocated at the end of the fiscal year for debt
reduction, it cannot be used to transfer from this program to that program or
something:.else. Now, it can spent,..the proceeds can be spent, in the project
that the bonds have been sold for, but the interest accumulation cannot be spent
that way, that must be spent in that reduction and that's very clearly stated,
and please correct me if I'm wrong, by State law.
Mr. Grassie: I'd like to answer two questions that have been asked by the
City Commission, assuming, Commissioners that you want the answers. First,
Commissioner Gordon, you asked about the cash balance. This is from the Peat,
Marwick, Mitchell audit that we gave you about a month ago. It is $6,060,309,
that's cash balance at the time of the audit.
Mrs. Gordon: Unspent, okay.
Mayor Ferre: It has to be done that way because there is no way..you have to
get the money first and you do that depending on the bond market cycle, when
the bond market cycle is good is when you sell bonds, even if you have to keep /
them in the bank for a year or 5 years, or 10 years. Let me put it to you
this way, if I may. We've got the $4.5 million for the Convention Center,
Mr. Grassie, were sold more than 10 years ago and they are still sitting
collecting interest. Now, how much did we sell them for? very, very little
interest rate, I forget whether it was 4% or something in that vicinity, and
obviously, we got the money after a while..more than that. But you sell bonds
not when you need it, but way before you need it, when the bond market is appro-
priate.
Mrs. Gordon: No question about that, the only thing I was referring to was
the differential between the cost and the earned interest returned on the
same dollars.
Mayor Ferre: Listen, to clarify this, Mr. Grassie, would you have Mr. Gunderson
put this in writing and send a copy to all the members of the Commission?
Mrs. Gordon: Not the law, but specifically what happened to the dollars in
question on the Parks -bonds dollars on the annual basis, whether or not it
has been budgeted into the General Fund of the interest earned or whether or
not it has been used for retirement of the principal of the bonds.
Mr. Grassie: You are specifically interested in interest and on the Parks
for People bond issue, right?
Mrs. Gordon: Right.
Mayor Ferre: No, no, no..
.Mrs. Gordon: Okay, maybe the Mayor wants to broaden it across the board...
Mayor /erre: Yes, we might as well get the answer for everything. Any bond
monies that have been sold and are on deposit I'd like to have two questions
answered, if I may broaden it, one- where is it deposited and to what amount?;
rwo- how often is it moved? I mean, has it been sitting at Southeast for 10
years? or is it moved around periodically depending on where the best interest
can be gotten and the third thing that I want to know is what is...how are
the proceeds of the difference of the interest applied, in other words, the
distinction is between the interest paid and the interest received, where does
that money specifically go?
Mr. Grassie: The second question that you -.asked was with regard to the amount
of money received by the City for the sale of property. Vince Grimm has looked
up that answer, it's a little different than our memories so let's have that
right out of the record.
M. Grimm: Specifically with respect to Dixie Park, in 1966, Res. #37376
authorized the City Manager and the City Clerk to convey to the State of
Florida for the sum of $220,000, a portion of Dixie Park playground. Sub-
Sequent to that, this money was then used to do some modifications to the
12:JUL 14197
Le.eune golf Course and this was guthotized by Resolution No.37705.`
yot Ferret When was that?
Mr. Grimm: 1966.
Mayor Ferre: 1966?
Mr, Grimm: Yes.
Mayor Ferre: In other words, it was substantially before this bond issue.
Mr. Grimm: Oh, yes. Then, this money was paid back and finally, in 1967,
this money was transferred to the General Fund and I can't tell you how it
was used.
Mayor Ferre: So we get $220,000 from the State and goes into Mel Reese in
1966, Mel Reese prepays it back and then it goes into the General Fund.
Mr. Grimm: Yes, Sir. It says: "appropriated from General Fund surplus in
1966-1967 budget." So you can presume that it was used to make up whatever
requirements the budget had in that year. The balance is zero and has been
so apparently since 1966.
Mr. Grassie: That was approximately 5 years before
was finally done.
Mayor Ferre: Just for the record let me state that
today was on the Commission at that time. Just for
body misunderstands.
Mr. Grimm: And one more thing, the amount of land taken at that time was
2.7 acres.
the bond issue, when that
nobody on this Commission
the record in case some -
Mayor Ferre: All right. Now, Mr. Knox, are you ready for my question? My
question to you is this, Sir: As I understand, we defended a lawsuit against
the Grapeland Heights organization or individuals, whereDavid Cery was the
attorney, and we were successful in that endeavor. As I understand, at that
point, the attack was that it was illegal because not sufficient funds had
been allocated to that portion of the City, to that part of the City, and
that the paper that was sent around and passed by the Sanitation Department
was too vague and not specific enough. As I understand it, we won on both
counts and therefore the bonds were validated and subsequently taken to the
Supreme Court to be absolutely certain,and then they were subsequently sold
so we passed all the requirements. I have two questions based on that..
three; one, is that statement that I made correct? if not, where is it wrong;
two, my question is,under the law, can we transfer any amounts from one
district as spelled out in the paper that was passed out and what was in
the ballot?, and three- have we done that or can we do that?
Mr. Knox: I'll have to check the answer to number three. The answer to
number two, as I recall -and I'll also check this- the Supreme Court, one
of the Justices who wrote a concurring opinion in the validation action,
specifically indicated that the allocation --specific allocation of these
funds-- were not cast in stone and indeed he plays great reliance upon what
he called the integrity of the municipal officials in terms of disbursing
these funds. As a general proposition,the specific purpose for which bonds
are to be issued must be satisfied but the court did not go so far as to say
that specific allocations must be adhered to in light of perhaps change in
circumstances and it was up to the integrity of the officials that were ad-
ministering the fund, and I'll have to check the answer to number
Mayor Ferre: Why don't you then put in writing the answers to all three
questions, so we'll have it in writing, and I might ask one more thing of
you. Will you look in your files and get me a copy of the legal opinion
written by Mr. John Lloyd, then City ATtorney, and let me paraphrase what
he said and you correct me if I'm wrong. Mr. Lloyd said, the City of Miami
can indeed reallocate within reason funds within districts...
Mrs. Gordon; Exactly.
Mayor Terre: ...it can go from Dorsey Park to Dixie Park what you cannot do
is you cannot take money from the north part of town and spend it in the south
part of town; what you cannot do is take money from the downtown park area
and spend it in Coconut Grove; what you cannot do is take money from Bicentennial
Bayfront Park and spend it in the Culmer Dixie area, -that, we cannot do, speci-
fically. What we can do is spend the money from Ballpoint and allocate that
money in Bicentennial Park, or we can take Bicentennial Park money and spend it
at the F.E.C. property; or we can take the Mini -park, the River -walkway, the
Dallas..Fort Dallas Park and spend that money..spend those monies in the F.E.C.
if the Commission so decides and I think that is very, very clear and I:think
it is very important that we understand what the law is and what has been
determined by the Supreme Court of the -State of Florida and by our own City
Attorney in a memorandum.
Mr. Grassie: If I can add, Mr. Mayor, the answer to your point number three
you remember, from this Physical Project Status Report that we reviewed with
you two months ago, that what we were indicating was that no transfers between
districts had taken place but that you had overspent the budget in district 9,
which is basically the Coconut Grove district, by $1.4 million; so, we again,
point out that we have that remaining problem,as Mr. Fosmoen said earlier, we
have that remaining problem which has not been dealt with.
Mayor Ferre: Well, as of today, we have not overspent in downtown, is that
correct?..as of today?
Mr. Grassie: That is correct, we have not.
Mayor Ferre: Now, where did we actually get the $1.4 million therefore to
finish Wainwright Park and Kennedy Park, we had to borrow it.
Mr. Grassie: Well, it came out of all of the funds available from the bond
issue but apparently at the time....
Mayor Ferre: Therefore, we borrowed it from other bond sources.
Mr. Grassie: No, -from that specific bond issue,...from that specific fund.
Mayor Ferre: From that specific fund.
Mt. Grassie: But without,.....the City Commission did not take the determina-
tion as to where it would come from, they simply determined that the money
would be spent.
Mayor Ferre: So, in other words, the day, the termination day is somewhere
in the future.
Mt. Grassie: When you get close to the end of the expenditure program, yes.
Mayor Ferre: And I hope by then, Senator Hubert Humphrey or somebody comes
up with another big program; otherwise, we are going to be in trouble, we are
going to have to go out and sell something or buy something or do something
to get some more money.
Mr. Reboso: Well, Mr. Grassie, do you think it is possible that we have the
answer to those three questions in writing before the personal presentation
of today at 4:30 PM?
Mr. Grassie: You mean, from the City Attorney?
Mr. Reboso: Right. George? I'm sorry you don't have too much time but I
think it's important...
Mr. Knox: Right, it's a matter of collecting records rather than doing any
extensive research and we should be able to get it done.
Mayor Ferre: I think, George, it was pretty well covered in that memorandum
by Mr. Lloyd, so if you just put your hands on that one I think he went into
it in-depth. All right, Mr. Ylummer.
Hr. Plummer: Do I understand the sense of this Commission, since we are
talking on item C, that you really want a discussion on item 53?
ine
14 'JUL 14197
Mr. Reboso: That's right, but we haven't heard the Task Force and I think
that is important, I think it is very important before we make any decision.
Mr. Grassie: Well, the discussion that we are having at this pointoCoin
inissioner, is for your background.
Mr. Reboso: It's a Report, right?
Mr. Grassie: It's simply a Report and it is in preparation for the discussion
that you would have with the citizens this afternoon at the time that they...
Mayor Ferre: In the interest of saving people some time and having to be
spending all day here, are there individuals in the audience who would like
to address the Commission in this area? Would you raise your hands, those who
would like to speak? We have one, two, three, Dr. Ward. All right, well I
think as a matter of courtesy, I think we should take Dr. Ward first, and we
are happy to recognize you, Dr. Ward. Dr. Ward, how long do you think you'll
take?..Five minutes? Mr. Kleinberg, how long do you think you'll take? Five
minutes?..Fine. So in other words, if we allocate five minutes for each of you
then that would be sufficient to make your statements into the record. Dr.
Ward.
Dr. Ward: I wasn't supposed to be on the program but I'm here because I've
lived in Miami over 50 years and I think maybe I can make some sort of contri-
bution that some of the younger people cannot make. I feel that, very sincerely,
that it isn't always a matter of law, it is a matter of integrity, social justice
and all of the virtues that go with honest men whose lives are dedicated to pu-
blic service, that's the crux of it. Now, the minute...we can evade moral responsi-
bility in many ways and what_concerns me primarily is this, not only is this a philo-
sophical matter but it's also a matter of dealing justly with the youth --black
youth, Latin youth, white youth, what have you. They are the people of tomorrow,
who will determine the direction in which we'll go. And I hope that you, gentle-
men of the Commission, will not lose sight of that. I don't want to take your
time to reminisce over all the anguish and deprivations that I have received
and I've witnessed, and I've endured over 50 years that I've lived here. It's
really a primary question --where are we going, how do we respond to our responsi-
bilities, what sort of legacy do you want to leave to the City of Miami and to
the County of Dade? What I'm saying is, like I said to the County Commissioners
too, that this isn't just a matter of technicality and interpretation of the law
is what sort of a legacy do you want to leave to our children, and I also want
to emphasize the fact that as c.n old black man, I have a different heritage from
you, ladies and gentlemen sitting, but I do have, I'm doggone sure, excuse me -
I'm damn sure, that we do have a common destiny and what we do today should not
be based on, strictly, interpretation of the law but how we look at all of the
tomorrows. And these young people are here because what we do today will determine
what sort of a legacy we will leave to all our children of tomorrow, so let's look
at it from that stand point, not to be so clever, not to try to be so clever, not
to try to be so technical, not to try to be so smart, not to try to be so evasive
in dealing with all the tomorrows since they will affect all of us.
Mayor Ferre: Mr. Kleinberg.
Mr. Kleinberg: Mr. Mayor, for the record, my name is Howard Kleinberg, I'm the
editor of the Miami News and Co -Chairman of the Chamber of Commerce Sub -committee
on Culmer. I find it remarkable that we are standing here on July 14, 1977 dis-
cussing parks in Culmer when the issue was passed on March 14, 1972, I'd like
to make three particular points, none of which can be as eloquent as Dr. Ward's ,
I might add. As we sit here and discuss the..or concern ourselves with the infla-
tion on the park problem - in land acquisition and building costs in Culmer, I
might suggest to you,when we go back to the original district 5 in the bond issue
which I have in front of me, part by part pledged, in going through the target
completion dates there is no target completion date beyond 1975 --all the parks
were supposed to be done had the City Commission --whichever City Commission was
in office at the time, Mayor-- gone ahead with the Culmer project with the same
vigor that they have gone ahead with the Kennedy project, and the Wainwright
project, and the Bicentennial project, we would not be standing here worrying
about inflation for Culmer. You see, the other parks were built, Sir, and Culmer
Has not been built. Point two, would it not be unique if we were standing here
trying to explain a $1.4 million crossed -over on Dixie Park instead of Kennedy
Park, when is the day going to come when the tables are turned? Very signifi-
cant, Mr. Mayor. We found the money for Kennedy, we borrowed the money for
Kennedy, we said let's built Kennedy and Wainwright and everybody went and did
it, and now we are sitting here quibbling about how we are going to build Culmer,
let's build Culmer and spend $1.4 million more than was allocated and let you
guys worry about where you are.going to get the money, just once. Now, with
due respect to the City Manager and his plan to use the remaining bond money
for Culmer and then use CD funds to make up the difference, I wonder and worry
whether we are not robbing Peter to pay Paul. There are 'x' number of dollars
allocated for CD funds within the Culmer area, they are specified in your pro-
posal, Mr. Grassie, if we are to use those funds for the creation of the parks,
then what happens to the things that we felt were absolutely essential to Cul-
ter with CD funds? That is a question 1 ask. Are we not robbing from Peter
to pay Paul? I.don't think we have to go into the history of all this, I
think that what has happened in Culmer is not necessarily.the:fault of this
Commission, it's been the fault of this community since 1896. I think that
this Commission has the duty and the obligation to see that it ends right
here and that we come up with maybe a $1.4 million cost over on Dixie Park.
Thank you.
Mayor Ferre: All right, thank you.
Mr. Hutchinson: Mr. Mayor, for the record, my name is attorney William
Hutchinson, Chairman of the Culmer Community Development Task Force, also a
property owner in Culmer. It seems that every one has been and still is
concerned about the development of the parks in Culmer. Now, presently, they
seem to be going well with Dixie Park. Now, it's long overdue and I:think we
need to get concern about Dorsey Park. With respect to Dorsey Park, there
was a bond issue passed in 1964 where monies were raised to complete Dorsey
and Legion Park, Legion Park was completed, nothing happened to Dorsey. We
had a subsequent bond issue passed in 1972, again, nothing thus far has been
done to Dorsey Park. Now, I'm tired, I'm sure the citizens are tired having
to come here, time and time again to relate to you that we want Dorsey Park
completed. Now, when the bond issue was advertised, you came in our community/
telling us that "we will develop Dorsey Park." We want you to develop Dorsey
Park. It seems quite clear that with respect to other areas of the community
where there is not a concentration of black people, that everything gets done
on time if not sooner, there is always plenty of steam to get things done for
non -blacks. Now, we want it full steam ahead. It's quite clear that you
borrowed money, however, to complete the parks in the Coconut Grove area. Now,
we don't care from where you get the money, but we want Dorsey Park completed.
Thank you.
Mayor Ferre: A11 right, are there any other statements from members of the
public. A11 right, if not, at this time...are you standing to make a state-
ment?..are you going to make a statement?
Mr. McCartney: My name is Ralph McCartney, I'm a citizen of Dade County and
an American citizen, and I'm very pleased to hear everybody talk about the
Dixie Park and the Dorsey Park because that's exactly what I'm here for, but
I have no preference to either one. My concern happens to be both of them.
I don't want to see one Park in that area completed, I want to see the both
of them completed. I've been here as long as Dr. Ward but I was born here
some 43 years ago and I know what it is to be deprived for 43 years of my
life. It was bad enough when I didn't have educational facilities, but then
to be deprived of educational facilities and recreational facilities, it
deprived me of the opportunity to grow up to be a full human being. I don't
feel righteous by having to come down here because I don't believe I should
place myself in a position to be begging or even asking you for something
that you should have done anyway. The bonds that were voted on were voted
on by all the people. The parks that were supposed to be completed were
supposed to have been completed for the benefit of all the people. Why is
it a small segment of Dade County, or the City of Miami I should say, who
have to come down here and request of you, ask of you, beg of you to do some-
thing for them that you've been doing for everybody else in the City? I mean,
isn't it about time that we stop being the stepchildren of the City of Miami?
When are you going to honor yourselves as well as the rest of the community
and say, it's about time we did some of the things that we've been promising.
Like something Dr. Ward hit on sure..not Dr. Ward, it was Rleinberg I believe,
sure, it might not have been the same faces but it was the same positions that
made these adult promises to us. I mean, I don't want to have to come back down
here another six months, another year, another 10 years from now, asking for the
completion of Dixie Park or Dorsey Park. I don't understand your logic, I don't
understand your reasoning, I mean, if you went through that community and you
compared it with the rest of the communities, it would become obvious to oblige
16
JUL 141E
What's happening? All you have to do is see it, but you'll come on a bus
from one location and you'll end up at another location where your destine.-
tion is, and you'll talk about it. You'll take a tour of that area, you
don't even get off the bus to mingle with the people, to see the conditions,
to see what's happening. I mean, you are just as far apart from it as I am
from New York City at this moment. You don't understand, obviously. Ap-
parently, you don't have any type of sympathy for the people that live there.
I'm a registered voter, so are all these:people here, we all are registered
voters. I would rather see some results in that park than to have to go out
and beg for some results at the polls the next time. Personally, I'm getting
tired in these young 43 years of mine and I don't intend to come down here
anymore. And I don't intend to stop anybody else from doing anything that
they deem necessary to get things done that you should have done already.
How many times do we have to do this? I mean, I have a job to work on also,
I'm tired, I suffer with arthritis, I'm crippled, I don't have to drag myself
down here. I want to be able to relax like anybody else. I want to be able
to go in my community and see the things down there that I can see in every-
body else's community. How about this big Bicentennial Park, how long did it
take us to complete it? And for years, a few little acres of land, like Dorsey
and Dixie Park, we can't even get things done. It took us enough time to go
out there and do a lousy job on the Dixie Park pool just to be able to keep
young black kids cool this Summer. Will this be a strategy for the rest of
your existence?..to do little token things to keep blacks cool during the Sum-
mer, and forget about them during the rest of the year? Hey, we live 3651 days
a year, just like you do. I wish you'd keep that into consideration and thank
you.
Mayor Ferre: Before you leave, let me ask you a question. Have you been down
to this Commission before this time on this subject? I don't ever recall see-
ing you here talking about it, I mean, my memory may have just...
Mr. McCartney: You may not have seen me here talking about it, I might not
have been here talking about parks, but I'm quite sure we are very familiar
with each other.
Mayor Ferre: No, no, I'm not saying that, I'm asking you have you ever been
before this Connsission making the kind of statements you are making now, or
is this the first tictilDo you are...
Mr. McCartney: Me personally no, I have never made these type of statements
before now, I've been in support of other people making the statements.
Mayor Ferre: I see, but this is the first time that you have made them person-
ally yourself.
Mr. McCartney: Yes, my statements have been made through the newspapers.
Mayor Ferre: I see, let me ask you this. Are you a resident in the community
itself?
Mr. McCartney: I'm a resident in the City of Miami, I was born and raised on
it, on NW 4th and 29 Street.
Mayor Ferre: Where do you live now, for the record.
Mr. McCartney: Right now I just moved to 50th Street between 3rd and 4th
Avenue.:but because I am not a resident of the area I work in the area.
Mayor Ferre: I am not in any way casting any disparaging remarks as to
where you live or you don't live, that's your right, I just, for my own
mind, want to know whether you live in that community itself and the answer
is 'no', at this time.
Mr. McCartney: At this time, no, I don't reside there.
Mayor Ferre: Fine, uow let me ask you one last question, are you a property
owner in Miami at all?
Mr. McCartney: In Miami?.ayes,
Mayor Ferre: You do own property in Miami,
lat. McCartney: 'Yes, 1 do.
Mayor Ferre: Do you own property it.that teighborhood?
Mr. McCartney: In that particular neighborhood no, we were forced out by
urban renewal.
Mayor Ferre: I see, well I want to tell you that in no way are my questions..
I'm not in any way trying to cast any disparaging remarks, I certainly respect
you for what you are and for the.right of any citizen to come up and express
his opinion and.:I want you to know that I'm sure, and':I•speak for the whole
Commission, that we are taking your words very seriously and I think that for
the most part, agree with your statements. Thank you. All right, are there
any other statements that need to be made at this time? If not, then we will
come back to this I would assume on the afternoon agenda on item ...53? What
time do you estimate that will come up, Mr. Manager?
Mr. Grassie: I would estimate 4:00 o'clock, Mr. Mayor.
Mayor Ferre: All right, thank you very much for your presence, we are now
going to move up to item A.
Rev. Gibson: Let me ask a question.
Mayor Ferre: Father.
Rev. Gibson: I trust those of you who are here this morning and have heard
what was said are aware of what might happen this afternoon. Don't be fooled
in thinking that action has been taken. You better be back here to see and
hear for yourselves, don't leave it:to me now, thinking I'm going to work it
all. See I know how this thing is done, so you better come back here. The
Manager knows why I'm saying this, you better come back here and get it for
yourselves, see I may not be here in November, I want to put this on the
record. I may not be here after November 8th and I want the commitment made
to this community so they could raise holy hell. I want to make sure every-
body understands that. Don't expect me to do it all for you, you better come
back here so when the vote is cast you know who cast for and you cast against,
okay?
Mayor Ferre: All right, at this time we are going to take a 5 minute break
so that those of you who want to leave can leave quietly and we will then
take up item number A which is improvements for the Orange Bowl.
PRoposED DINE BOWL INPRJUtMITS.
Mayor Ferre: Mr. Grassie, let's take .up item No. A.
Mr. Grassie: Mr. Mayor, recently you asked,the City Commission asked, that
we report to you on a proposed improvement program for the Orange Bawl. What
we would like to do today is make some suggestions, outline some potential
alternatives for that facility, talk about the costs of improvement and then
ask for some initial reactions from you. We expect that we will have to,
after you react, gather some additional informationand answer some questions
that you may have; so we consider this to be a first time through, your first
view of some of the possible alternatives and we would expect to have at
least one further discussion before.we focus in on an improvement program for
the facility. So this is the first time through and I'm going to ask Mr.
Jennings to talk about the cost and the specific improvements that are recom-
mended.
Mr. Jennings: Good morning. Before I commence I'd like to introduce Mr.
George Kunde, President of Runde Driver Spooner, who is here, they are as
you remember, our engineering firm for the Orange Bowl project and if there
are any questions that.go..beyond my ability to answer perhaps they can answer
for sae. You have before you a memorandum with some enclosures that represents
the sun of the improvements suggestions,
1.�
JUL 14197
Mayot Ferre:
for the press
Mr. Jennings:
Do you have extra copies?..I mean, not for toe, I :ha+ie the but
....does everybody have one that needs one.
The press has one 1 believe.
Mayor Ferret All right, we need one more for the Clerk. A11 right,
ahead now.
Mr. Jennings: You notice enclosure number 1 speaks about basic major mainte-
nance only. What this represents is structural work that must be done regard-
less of what other improvements we may_wind up doing to the Orange Bowl. They
are not of a critical nature but they are things that do need to be corrected.
Mayor Ferre: That need to be done.
Mr. Jennings: Yes, Sir.
Mayor Ferre: And I might say that out
in sandblasting and painting the upper
portions of the upper -middle walkways;
$320,000.
Mr. Plummer: This is maintenance that
of the four hundred more than half is
portion and almost $100,000 is repair
so right there you have over $300,000..
is done almost on an annual basis.
Mr. Jennings: Well, this is a little heavier than the usual annual maintenance.
Property maintenance, of course, can handle certain projects and they do on a
regular annual basis.
Mayor Ferre: Well, once you sell beer there you'll have the money to do most
of that.
Mr. Jennings: Yes, Sir, hopefully that's true. We'll know today. So, moving
on to enclosure 112, this is where we get into the improvements that the adminis-
tration is suggesting as a basic plan unto which we can build with several
alternatives. The diagram that you have in front of you itemizes in brief form
the things that built up to the $9 million expenditure, the first being of course
enclosure 1t1 which you have already looked at, the maintenance and repair items.
The second item is replacing the first 17 rows, north and south, at $1,148,000.
I have a diagram to show you what this item entails in some detail. In the first
17 rows of the Orange Bowl we have some site -line problems as you may or may not
be aware. We get a great number of complaints because the existing boxes that
you can see are down at this level, which means that the players and the coaches
and the press standing on the side -line obstruct the view of these people and
we got a great many complaints the last year after the Orange Bowl game about
this situation. Many people who pay a premium price for a box seat, actually
wind up in the worst seat in the house, frankly. Not only that, but these first
17 rows represent some of the older construction in the Orange Bowl, it's steel
construction and does begin to...it's beginning to reach the stage where it
needs to be replaced anyway. So we are saying that one of our rather high
priority items ought to be the replacement of the first 17 rows and the cost of
that would be $1,148,000. That does not include the price of the seats that
would hopefully replace the benches that are there.
Mr. Plummer: Will you lose any seats?
Mr. Jennings: No, Sir. We can do.that...I've been assured by...
Mayor Ferre: Will you gain any seats?
Mr. Jennings: No, we will not gain or lose. We'll come out with the same
number that we have now.
Mayor Ferre: But the $1,148,000 is just
to do with any seats, is that right?
Mr. Jennings: That's right, it does not include the cost of the seats, that's
coming up as we go on.
Mayor Ferre: That's in item 3, let me ask you - will the seats in this portion
these 17 rows, be the same as everywhere else?
the
structural portion, has nothing
W. Jennings: Yes, Sir, depending on the plan you select, they can be. What
the will also do in the ptocess of replacing these 17 rows will be to imptove
cut tread depth. We do have some problems in the stadium with tegard to knee
toot, I guess you saw the picture perhaps in the first page of the Herald,
These tread depths here are about 26 inches which is just a little too short
for people which ate I'd say 6'3" or in that category. So we achieve a nut-
bet of things by replacing the lower 17 rows and that therefore takes a rather
high priority in our viewpoint. Now the third item, speaks to replacing all
of the benches in the Orange Bowl with chairs...I have a sample chair back here,
I'm sure some of you have seen it.
Mrs. Gordon: Is the tread depth the same on the other rows above the 17th line,
Jennings? -
Mr. Jennigns: The tread depth unfortunately , no...it isn't, it's pretty much
of a hodge podge of tread depths. From row 18 to 22 we have 30" tread depth.
From row 23 to 68 we have about 25" tread depth and the entire west end -zone
is 2711" tread depth, so you see, we have pretty much of a variety of different
tread depths. We contacted City manufacturers and we are told that a tread
depth of 27" inches is the minimum desirable tread depth that you should try
to achieve. 271" would be the minimum, okay? 27" to 30"...well, this depth
right here...(BACKGROUND COMMENTS)
Mayor Ferre: A11 right, the tread should be 27". What is the distance from
here to here?
Mr. Jennings: The question is knee room and it takes at least 27" for someone
let's say who is 6 foot or 6'3" to have adequate room to put their knees.
Mr. Plummer: What's in there now?
Mr. Jennings: In these 17 rows? 26 inches, behind those from 18 to 22 is
only 25 inches,...no:, 18 to 22 is 30", I'm sorry, from 22 on up is 25".
Mayor Ferre: It's very tight.
Mr. Jennings: Yes, but don't forget we are using benches now. Yes, it has
been that way for years. You can overcome a lot of ills with a bench situa-
tion because people can move, people can shift, can squeeze their knees be-
tween the people in front of them, etc.
Mayor Ferre: Also, the fat guy takes over some of the space of the skinny
guy and the skinny is kind of a little bit tighter but somehow when you go
over the 50 rows it all averages out.
Mrs. Gordon: And what happens to the fat guy on this bench?
Mr. Jennings: Well, we've had people come out and try these seats and we've
had no complaints about the width, the complaints have been knee room.
Mayor Ferre: But as I understand it before they sit down you make them pass
through a test and the test gives you a height about like that, and you are
going to be about that wide
Mr. Jennings: No, no.
Mayor Ferre: Can you sit on that? With somebody your size on either side
and in the front?
Mr. Jennings: Mr. Mayor, an important point is that these chairs have about
a 3" gap between them on each side; so, in other words...
Mr. Plummer: How wide are these seats?
Mr. Jennings: They are 15" in the...
Mr. Plummer: Width?
M. Jennings: Yes.
Mt, Plummer And what is the present dedication on the benches?
s
f
JUL 1419;
hings The benches?
fine to ;litre it's 18".
Mayor l'ette: You would be increasing
Jennings: Yes, Sit, well...
Mt. Plummer: Overall, you mean.
Mayor Ferre: Now, what's the size from
Mt. Jennings: 18" on the center, if you went from the
to the center of the next one you've got 18".
Mayor Ferre: What is it now, 18"?
4r. Jennings: Yes, Sir.
Mayor Ferre: So that stays the
Mr. Jennings: Yes, Sir.
Mayor Ferre: What you are doing is your narrowing this and
3" in between.
Mr. Jennings: Yes, Sir, that's right.
Mayor Ferre: So everybody has got what he has on the seat plus 11" on either
side.
Mr. Jennings: Yes, Sir. And you'll note the seat does not have any arms
which is a plus...
Mayor Ferre: I'll tell you, -I'm going to vote that he gets a permanent
sitting between Charlie Hadley and Tanny Dean, on either side, and Nick
Morely in front.
Mr. Jennings: ARe there any more questions with regard to seating?
Mr. Plummer: No, it's beer, too many already.
Mr. Jennings: Thank you.
Mr. Plummer: Now, is the proposal for $2.6 million to put these
the stadium?
Mr. Jennings: Yes, Sir, on existing tread depth.
Mr. Plummer: Including the upper deck?
Mr. Jennings: Yes, Sir.
Mayor Ferre: Anybody else wants to see this?
Mr. Jennings: Yes, Sir, that would be the price for putting
in the stadium on the existing tread -depths, everywhere.
Mr. Grassie: And it is important to know that that maintains
capacity of the stadium. Somewhere over 75,000 seats.
Mr. Jennings:'The minimum standard for comfort is 27".
from between 27" to 30" to achieve comfort.
all over
them everywhere
the present
Stadiums are ranged
Rev. Gibson: Fromt to front?
Mr. Jennings: Yes, Sir. The tread -depth, which is this section from here to
here.
Rev. Gibson; Yes, but what about from the back of that seat to the front...
from the front of that seat to the front of that back?
Mr. Jennings: In this gap here?
Rev Gibson: Yes,
Mr, Jennings: Well, that would vary depetdittg on the.construction of that
seat. You will notice that that seat is very upright and it doesn't take that
much room. In other words, it has a spring -loaded seat, the seats springs up,
the back is very upright and very thin, so in other words you are taking up
a minimum amount of this distance with the seat itself, with the back of the
Seat, Actually the back of the seat is the only thing that takes up any space
that the body can't...in other words, it takes up space that the body might
use.
Mr. Grassie: I wonder if it would help, Commissioner, to point out that we
have some seats set up in the Orange Bowl on a fixed basis,:two rows, so that
you can sit in the seats and determine exactly what that measurement is and
how comfortable you'd be.
Mr. Jennings: That's a picture of the installation, the sample installation
at the Orange Bowl now.
Mayor Ferre: The yellow area is what we have, the green area is what you
propose to acquire.
Mr. Jennings: Yes, Sir, and the red area are the streets that can be closed.
We are now on item 4 which is acquired additional property for parking, and
the Mayor has just stolen my lines here, the yellow indicates areas that the
City already owns. :What we are proposing here is to close up 6th Street,
close up 16th Avenue, close up 14th Avenue to this extent, 6th Street across
here and this portion of what's 5th Street. Acquire the Churchill property,
the Churchill Coffee property. This is some apartment houses and a little
nursery, and this is a block of city property. Now, we need...
Mayor Ferre: A block of what?
Mr. Jennings: A block of...I'm sorry, a block of residential property. I'm
sorry. The Public Works Department has estimated for us that the cost of
acquisition of these three parcels would be approximately $3 million and the
process of creating this would achieve about 1,600 additional parking spots.
Mayor Ferre: Let me ask you this question. As I go over to the western
part of the map I notice that there about four blocks, 3 of which we own..
eastern, I beg your pardon, 3 of which we own some land in. If we were to
acquire additional land in 1, 2 or 3 of those, what would be the estimated..
three questions: what would be your estimated cost? Number two, how many
additional parking places could you get including the closed streets? And
number three, how many houses or living units would you displace?
Mr. Jennings: Well, in 1976 Public Works did a study of a typical block in
the Orange Bowl vicinity and there estimate was that to acquire and demolish
one block would be about $2 million, including the interest that you would
have to pay on the....
Mrs. Gordon: How many spaces, Mr. Jennings, did you say we would arrive at,
additional?
Mr. Jennings: That was the second major question; each block will accommodate
approximately 500 cars.
Mayor Ferre: And, let's see, 500 into $2 million,.if I'm not mistaken, is
$4,000 per parking space. Correct me if I'm wrong, as I understand it, it
would cost today for the City of Miami or any private developer. to build a
parking unit averages about $6,000 per parking space in a multi -level garage,
is that correct?
Mr. Grassie: That's a good estimate, Mayor.
Mayor Ferre: Kundy,..is that reasonable, $6,000 per? Is that low or is that
about average?
(INAUDIBLE RESPONSE)
Mayor Ferre: About average, It could be higher, it could be lower,
2.2
JUL 41977
But What I'm saying is at $4,000 per parking space, that's cheap in this
kind of a downtown area.
(INAUDIBLE STATEMENT FROM THE AUDIENCE)
Mayor Ferre: Yes, but I don't think that's germaine to our posture becuase
whether they are renters or whether they are owners the fact is that they
have living quarters and we don't, at least I would not like to do, to improve
the Orange Bowl, what happened with.the Federal Expressway, we displaced a lot
of people and never came back and gave those people subsequent
Mrs. Gordon: Mayor, there is another consideration in parking structure versus
ground parking and land acquisition and that is the removal from the tax roll
of the private property and over the long run, whether or not it is a true eco-
nomy to proceed to acquire the properties for that purpose.
Mayor Ferre: Well, answer my last question and then we'll go into other ques-
tions, how many people would be displaced by block?
Mr. Jennings: I would guess that probably about around 50 families per block
but you know, that varies because in this case for instance you've got some
commercial property loan.along 7th Street here and probably, typically, as
many as 50 families because in the Orange Bowl area a lot of the dwellings are
multiple dwellings rather than single homes.
Mrs. Gordon: Mr. Jennings, in looking at that map that you have delineated,
I see only one small parcel of property on the main site, that is in the NW
corner that's colored in green, do you see that...?
Mr. Jennings: Yes.
Mrs. Gordon: Okay, that would square off the main site, if that were acquired,
I can understand that. What has prevented the closure of the "T" shaped streets
on the main site? You know, that, it seems to me, would have been something
that could have been done right along.
Mr. Jennings; Well, as things stand today, this is the Churchill Coffee pro-
perty and they do have their..actually their building is on 7th Street but
their delivery entrance and so forth is back here, their heavy trucks and big
trucks and so forth..
Mayor Ferre: We are talking about taking the property, we can negotiate.
Mr. Jennings: Oh, oh, I didn't realize...
Mrs. Gordon: I think that's the only one that has to be acquired.
Mr. Jennings: Yes, if we take the property, certainly, I misunderstood, I
thought you were saying close the street without taking.
Mayor Ferre: No, no, you have to take the property and close the street.
I think where Mrs. Gordon is going is, and I think this is a good avenue to
pursue is, if you take that property and once we have those two streets closed
if we were to make a one level parking garage, which is the cheapest form of
parking structure, how much would it cost for parking unit to go over to that
second level, Mr. Kunde?
Mr. Jennings: That's an option on the next page there..you'll find....
Mayor Ferre: ...And how many parking...the question specifically is this,
assuming we take the Churchill property, assuming we close the streets -there
are three streets involved- and assuming we go to the maximum reasonable parking
surface area, how many additional parking spaces can you get? what will that
cost?
Mr. Jennings: Mr. Mayor, I can answer that question because it is the last
item on the last page of that sheet you'll find that we've done that. It
will accommodate approximately 1,100 cars and it would cost $4.5 million.
Mayor Ferre: Versus, if we went out and bought land, we bought 3 blocks, we
would pick up 500 per block, Does that include the streets that are closed
off.
g
Mt. Jennings: No, Sit, it does trot,_, is just a block.
Mayor Verte: Now, now, you ate misunderstanding me now, follow my question,
if we were to buy the three lots on the eastern portion of that map,..that's
tight, those three, and if we were to close down those 2 streets in between
those three lots, how many parking spaces could you get for that full area,
that's my question?
Mr. Grassie: Bob, this is the kind of question that we want to get out ftom
this session and the kinds that we probably better not guess about.
Mayor Ferre: Well, let me just for guessing purposes, because I think we can
come to some preliminary conclusions if we can get some guesstimates. You
said 500 per block, that was your statement. Does the 500 per block include
•the streets or not?
Mr, Jennings: No, Sir.
Mayor Ferre: All right. As I would guesstimate, if you had those streets
you probably would have another 100 maximum, maybe 200, is that an accurate
guess? 0ne hundred? Anybody disagrees with a hundred?
Mr. Jennings: I'm sure.
Mayor Ferre: Anybody disagrees with two hundred?
Mr. Grassie: Yes.
Mayor Ferre: All right, then let's say one hundred. That means you would
have 500, 500 and 500, and 100 more, that's 1,600, and the cost to do that '
would be $2 million per block, approximately, but since you already own about
1/3 of the property...follow me?
Mr. Jennings: Yes, Sir, I do.
Mayor Ferre: 0r let's say 25%, to be conservative. It would normally cost
you $6 million but since you already own, let's say 25%, let's even make it
less, there is $1.5 that you already own, so it would cost you $4.5 to $5
million, plus the surfacing of that --it could cost half a million dollars,
let's say $5 million dollars for argument's sake.
Mr. Plummer: Is that for three blocks or four?
Mayor Ferre: Three.
Mr. Plummer: Why not four?
Mayor Ferre: Well, you can ask that question after I've finished. ..Yes,
but we may not have the money to do it all, J.L. What we are saying is that
for $5 million you can buy yourself 1,600 parking spaces. Is that acceptable?
Is that acceptable?
Mr. Jennings: Well, you have to remember near 1,600 that are already parking
some cars there, so call it 1,500 cars, additional.
Mayor Ferre: Okay, I accept that, so that's about $3,500 per parking space.
Now, up at the top, on NW 7th Street for $4,500,000 you would get.eleven...
Mr. Jennings: 1,100 cars, on a parking garage, one level.
Mayor Ferre: 1,100 which is $4,400, it's about $1,000 per space more, but....
Mrs. Gordon: How many stories was that going to be.
Mayor Ferre: One.
Mrs. Gordon: You mean, ground plus one.
- Mr. Jennings: Yes.
Mayor Ferre: Now, here are the advantages, the advantages are that you don't
displace people. Number two advantage is that it is a better utilization of
the land, Now, let's take the disadvantages; the disadvantages are that it's
JUL 141977
1
ugly, because any structure is ugly as compared to an open space, it could be
a green field in between events and it could be used for parking and for te=
creational purposes, and number two it is more expensive; and, excuse, the
gore expensive is about $1.7 or $1.8 million.
Mr. Plummer: Mr. Mayor, and you know, I'm not going to do a lot of rhetoric
but the problem that 1 see is very simple. Mr. Kunde speaks of $6,000 per
parking space, that's parking space that's used 365 days a year, you are talking
about a parking space for the same amount of money that by action of this Com-
mission is going to be used 26 times a year, that's the big difference. I keep
harping here at this Commission that the answer to this Orange Bowl success of
failure is not in sports.
Mayor Ferre: Agreed.
Mr. Plummer: Now, if you are going to spend this kind of money and you are
taking, as Rose said, $3 or $4 million to acquire a property, then it has to
be agreed that you are taking approximately $3 to $4 million off of the tax
roll. Now, to me, this thing has to be worked out to be financially feasible:
Number one, we have got to increase the use of the Orange Bowl for non -sporting
events; number two, there is no reason that this acquisition or present pro-
perty could not be used to aleviate problems in the cross -the -river.
Mayor Ferre: Right.
Mr. Plummer: Now, if you don't do that, in my estimation you are wasting
money.
Mayor Ferre: Right, I agree. But we need some more answers and I think that
we need to know is how many people are we going to displace if we take those
3 or 4 as Plummer pointed out, how much will that cost, estimated, and I think
you also need to know what the tax rolls are that are going to be cut out. And
then I think we need a recommendation from the Administration.
Mr. Grassie: Well, what we'd like to do today, Mr. Mayor, is to go through
the alternatives, go through the elements of the $9.2 million first base, and
then go through some add-ons and see whether you have some reaction to that
and then we will get specific answers for you such as the one you are asking
now.
Mayor Ferre: All right.
Mr. Plummer: But in your $12.9, which is your bottom figure, you don't show
the acquiring of any additional...those four lots.
Mr. Grassie: First bottom figure is $9.2.
Mr. Plummer: Yes, I.understand.
Mr. Jennings: Item No. 5, within the $9 million expenditure is 'new conces-
sions and restrooms for the upper levels', at $1.750,000. What this amounts
to is on this chart before you, all of the solid colors are existing facili-
ties, the red being'women's restrooms',little men's...the yellow is 'retail
concessions' and the brown 'wholesale.' So you see that we have concession
stands...this represents the lower walk -way to the lower main passage way
through the stadium. This is the 361 foot level and this is the 681/4 foot
level. So you'll see that at the lower levels we are fairly adequate in
terms of both restrooms and concession stands but as we come up to the top,
to the 681, we find that we really need some improvement in that area. Now,
within the $9 million budget, this is a plan which we've developed that can
solve, or at least improve the situation somewhat. We have an area over here
on the 36 foot level for additional...for a large additional concession stand
in both the ladies and the men's restrooms. By the way, I'm sorry, the boxed
in areas are 'proposed.' This we can achieve on both ends of the south side
of the stands and also both ends of the north side of the stands.
Mayor Ferre: In other words, it is a mirror image, whatever you do on the
south side you do in the north side.
W. Jennings: Yes, it is, yes, Sir. And improve the west stands by putting
e concession stand in this area. Now, on the 681 foot level, it becomes
-more difficult. You will see that we have at the moment men's and ladies'
✓ estrooms in these locations and that's all we have. What we are saying is
that we can improve that by putting a men's and ladies' restroom here, in
the center section, which will be up against the first box. We can improve
the concession facilities hy..within the area where the spiral ramp ramps
around, we can put 4 little concession stands at each..one at each of those
areas. The way the concessions ate handled now on the upper level is mostly
by vending or hawking in the stands. There are some little make -shifts,
there are actually two on each side, two of these make -shifts arrangements
in this location right now on each side but they are really totally inadequate
and within the $9 million budget, as we see it, this is the best approach.
Mr. Plummer: There are concession stands now in the upper deck.
Mr. Jennings: Well, there is one here and there is one here but they are,
if you remember, they are just awning -type, very casual...
Mr. Plummer: What are you saying?
Mr. Jennings: What I'm saying is that we can improve those.
Mr. Plummer: A million and three quarters ($1.750,000).
Mr. Jennings: Yes, a million and three quarters. Now, with that preface,
if you'll go on to the next page of the document you have before you, what
we've done is outline you, --should additional monies become available, we've
outlined for you some alternatives that you can select from, or we can discuss
at least, with regard to expansion of the $9 million plan. Alternate No. 1,
as you'll:notice, talks about increasing the tread -depths from the present
25" and 26" tread -depth in the north and south stands to allow for more com-
fortable seating, increasing that to 271", which is, by the way, the tread -
depth we have in the west stands already and, of course, in the improvement
of the lower...in thereconstruction of the lower 17 rows we'll take care of
the tread -depth problem in the process of that reconstruction. So really,
assuming that we do the lower 17 rows, the only place we need to make any
correction in tread -depth is north and south stands upper and lower, so that
becomes the one option. Now then, when you increase the tread -depth obviously
you lose seats, so the way we regain those seats is we, in alternate number
one, we construct the east -end zone upper deck, which just wraps around the
upper deck in the east -end zone to complete the circle, and this $1.3 and
this regains us all of the seats we lose in increasing the tread -depth; in
fact, we wind-up with 411 more seats than we started with. So that's alter-
native number one. Alternative number two, is the $9,230,000 plus construc-
tion of an outer fascia with corridors to allow better circulation at the
upper levels and will include construction of larger concession and restroom
facilities on the upper levels as well as the structure to support new access
ramps, new field lighting and sky boxes. The problem is here, at the upper
levels now, if you want to shop at the concession stands or if you are half-
time trying to get into the restrooms, and this happens on both the 36 and
the 68 foot level, you have to stand in the corridor and in the meantime
people are trying to circulate in this corridor and it creates some problems.
If you've been there I'm sure you've observed this. The advantage that this
fascia would give you is that if you put the fascia out here which would
equate to the present press -box structure coming around, then you can put
your concession stands in the old walk -way and you'd have your...your circula-
tion would be achieved in the new walk -way. So that would be one of the major
benefits gained by creating this fascia. So, as you'll see, the fascia plus
some side work which involves new ticket booths, turn -style areas, lobby
improvements and so forth, minus the $1.7 which was allocated in the $9 million
project, will bring you up to $12 million. This is the second alternative of
something that can be achieved. The third alternative is, we discussed it
earlier, which is the parking garage in the area between 6th and 7th Streets
from 14th Avenue to 17th Avenue which is $4.5 million.
Mr. Grassie: I believe, Mr. Mayor, that we are now ready for some reaction
from the City Commission if you'd like to do that at this time, particularly,
if you feel that you are in a position to express some initial preferences
between the various improvements that we are talking about or else, to indi-
cate what additional information you would like so that we can discuss them
further.
Mr. Plummer: What are you recommending?
Mr, Grassie: The basic recommendation, Commissioner, is that the $9,2 million
program is the minimum that needs to be accomplished. The second decision
that probably has to be taken is whether or not the tread -widths for all of
the seating needs to be increased to at least 271 inches. If you decide that,
f�'
g
then you are selecting alternate number one. That will give you a total jto=
Ject cost of just under $12 tinfoil.
Mayor Ferre: That $12 million would include the additional alternate you have
hate of $4.5 million or not?
Mr. Grassie: No, Sir. That would include the widening
Mayor Ferre: I see, from 25" to 271/2"?
Mr. Grassie: That's correct. And the construction of the east -end toile which
would give you a net 400 seats more than you now have.
Mayor Ferre: And the price for that is $12,980,000.
Mr. Grassie: That's correct...No, no, that's $11,733,000, first alternate.
Mayor Ferre: Oh, yes.
Mr. Plummer: Let me understand this, do I understand correctly that the $9.2M
can be done without a bond issue in your estimation?
of the tread -width.
Mr. Grassie: That is not a necessary assumption, that depends entirely on the
results of the negotiations with the Dolphins at the time that you agree with
them that you are going to do 'x' kind of improvements. As soon as you do
that, then you have to talk about how much the rental is going to go up by.
Mr. Plummer: I understand that, but if I understand this, then what you are
really talking about -if you do at all- you are talking about $21.7 million.
Mr. Grassie: No, Sir, under no...well, unless you simply added up every pos-
sible alternative.
Mr. Plummer: If we do it all.
Mr. Grassie: I hadn't looked at that as being a reasonable alternative so I
have not added it up that way but it would be very easy to do.
Mr. Plummer:
doesn't hurt
Mayor Ferre:
package, J.L,
Mr. Plummer:
Mayor Ferre:
Mr. Jennings:
Mr. Plummer:
Mayor Ferre:
Mr. Jennings:
Mr. Plummer:
are actually
in November,
I get $9.2, $4.5, $2.5 and $5. When you say it that way, it
as much.
Well, I'll tell you the way to do it. If you want the whole
you have to add alternative #f2 plus $4.5 million.
That's what I have already done.
Right.
Now, that doesn't give you the tread -depths.
It's more than that, it's more than that.
It's $17.5 million.
That doesn't give you the tread -depths.
Let me try to understand because, as I understand it what we
doing today is preparing that which will go to the bond issue
is that correct?
Mayor Ferre: Yes.
Mr. Plummer: Okay, that being the assumption, is it the intent of this Com-
mission that we are going to offer to the public alternatives?...Are we going
to offer $22 million total:in improvements?...Or, what are we actually trying
to accomplish today?
Mr. Grassie: Well, the basic thing that I would like to accomplish today,
Commissioner, is that you give us some reaction to these alternatives and
tell us which ones of them you want more work done on, I do not think under
any circumstances that you would present a $21 million package to the voters,
I don't imagine that you would present a package of more than $15 million,
under any circumstances.
as I . .or. ....
So then what you are really asking us to do is to tell you what out priorities
Ate that are under $15 million.
Mr. Grassie: That is correct. Now, we are not asking you to do that in a
final form but my assumption is that you will want some more information.
Mayor Ferre: Well, let me express my opinion in disagreement with some of
the assumption that have been made here. In the first place, I want to remind
you that my initial.motion was to come up with up to $25 million. As you re. -
call, due to the lack of support that I sensed that we had and to simplify
matters on a straw -ballot basis, it was lowered to $15 million, but that was
an arbitrary decision which may have been unfortunate, I don't know, even
though as some of you pointed out some of these straw ballots don't mean that
much anyway because they are not the real thing, people vote differently when
the real thing is before them. But one thing is for sure, if we are going to
do something it's got to be meaningful and let's describe what meaningful
means. Meaningful means, number one, acceptance by the consumers --which
means the users of the Orange Bowl; number two, meaningful means acceptable
to the potential users that aren't there because that means additional dollars
and cents which we are not now perceiving; and number three, meaningful means
acceptable to the users that are there which means mainly the Dolphins, and
in my opinion, in that order. Now, I certainly...and this is why we are meet-
ing here, to discuss, to define what meaningful means and it certainly means
to me...and I give you my preliminary...one .person's thoughts on this.
Number one, the number one essential thing is comfort in the stadium, that
comes first. In my opinion that little seat is acceptable except for the
length of the knee and I'm a rather a long -knee person but I can just squeeze
in in 24" but I have to sit up like a real ramrod, as straight as I can be,
to fit. If I slouch over, which I do, especially after a couple of beers,
it's going to be a lot more than 24" and that means that my knees are going
to be on somebody's back. Therefore, I think it's essential that the seat
is acceptable even for a big bone and big body person, but I think the pro-
blem is the length this way and the length that way. Well, you've got an
additional 3" total, so to speak, if you want to squeeze the next guy, which
I think is more or less what you really need. But this way I think you need
another couple of inches, knee-sizewise.
Mr. Grassie: Then you are speaking in favor of the first alternative.
Mayor Ferre: Therefore, my conclusion is this, I think definitely you are
going to need to have...you need that additional $1.2 million, that's my
conclusion. Number two, I.think you really ought to build up the east zone
because that means money in our pocket if we can get...we are going to lose
some seats when we put the chairs in, right?
Mr. Jennings: We lose seats if we increase the tread -depth.
Mayor Ferre: So, therefore, to fit the qualifications that the National
League of Footballowners has, you've got to increase, so if you do the one
you almost have to do the other.
Mr. Jennings: Yes, Sir, that's correct.
Mayor Ferre: And there you are at $11,730,000, and that's the minimum that
I think we should do. And the next question that I think has to be answered
is whether or not we should spend $5 million in that outer fascia, and I
frankly don't see that it's worth $5 million less $1,750,000, so -it's not
$5 million it's $3,250,000. But I don't see that we get any return on the
$3,250,000 unless George Runde, you can tell that you can put the sky -boxes
on the top that would pay for that $3,250,000, if you tell me that then that
changes my position.
(COMMENT FROM THE AUDIENCE)
Mayor Ferre: Only their way, they wouldn't pay for the surface.
Mr. Plummer: But it did give you an additional 1,010 seats.
Mayor Ferre: Yes, but you already have...what?..80,000 seats?,..1f you
build up the east zone....
Mr. Crenate: 7,000 is what we would end up with.
Mayor Ferre; Row much is the east ;one?
zs
JUL 14197
etinings: AT the foment *le have 75,450 seats, toughly.
Mayor Ferre: What is the east tone?
Mr .kennings: The east zone upper deck wouid add about 7,400 seats
4,700, tits sorry. East upper deck, only.
Mr. Grassie: But keep in mind that you lose 4,300 in the ptocess of increasing
the tread -depth, so you end up with a net of 400 seat gain.
Mr. Jennings: That's correct. Nov, that's with no temporary seats under the
east-end_zone up there.
Mr. Plummer: What you are saying is only to complete the Bowl only on the
upper deck level.
Mr. Jennings: Yes.
Mayor Ferre: You would add 4,700 seats..
Mr. Jennings: Yes.
Mayor Ferre: And that would cost you $1,300,000.
Mr. Jennings:
Mayor Ferre:
Mr. Jennings:
Mayor Ferre:
did not go to
Mr. Jennings:
Yes, Sir.
And that includes
the seats, they are
That does not include the seats.
So you've got to add the seats which you'd have anyway if you
bigger tread.
Yes.
Mayor Ferre: Okay. Well, it seems, and this is my personal opinion, that
we shouldn't go toward the outer fascia, we should go toward the east -end
Bowl portion of it and it seems to me that the booths inside work and all
that, exterior lighting and all of that...you really almost have to put in
if you are going to upgrade it, so what you are really up to is really not
$11,700,000 but $12,200,000, am I correct?
Mr. Jennings: Yes, Sir.
Mayor Ferre: And that's where you are at. Now, if you are up to $12.2 million
and you only want to go to $15 million, which I am philosophically for because
I think that's what the voters went for, and I agree with your conclusion on
that. You've got $2.7 million left. Now, if you've got $2.7 left you can do
one of two things, now follow me on this George Kunde, you can spend $2.7 on
a second level on the land that we already have or you can use the $2.7 in
buying one additional block. Would you take that off? And I would imagine
that the additional block just from the contours of this, the preferable ad-
ditional blocks would be the two middle ones so that we could close -off that
street. Do you follow me?....
Mr. Jennings: This?
Mayor Ferre: No, Sir, the green you have already bought in part I, that's
correct...those two, because that gives you the right to shut that middle
street and if you do that you gain more square footage than if you bought
the piece down in the corner, is that correct?
Mr. Jennings: Yes.
Mayor Ferre: Now, my question to you is could you for $2.7 buy those two
pieces of property and demolish the buildings thereon?
Mr, Jennings: I don't know the answer but we can certainly get it,
Mayor Ferre: Mr. Kunde let um ask you a question, Sir, How much per unit
would it cost to build a one level garage out in Miami Beach?
M.r, ,Kunde; About $4,000 a unit,
4
•
Mayor Ferre: That much?
f�Irr. Grassie: That's including land though.
Mayor Ferre: Forget the laced.
(INAUDIBLE RESPONSE FROM THE AUDIENCE)
Mr. Grassie: Without land costs?
(INAUDIBLE RESPONSE FROM TEE AUDIENCE)
Mayor Ferre: Just construction costs,.. that means we can get 500 addition-
al units.
Mr. Grassie: Bob, have you asked the question of how much it costs for a
metal one-story?
Mayor Ferre: That seems rather high, George.
Mr. Jennings' No, Sir, I haven't.
(INAUDIBLE COMMENTS FROM THE AUDIENCE)
Mayor Ferre: Yes, so let me understand, what you are saying is that at those
prices --follow my logic now-- you could get about 600 parking spaces if you
went to a double deck. So, what I'm saying is for the $2.7 you can get 600
parking spaces, IF you could buy and demolish for $2.7 those two blocks, you
could get maybe up to 1,000 parking spaces. So, what I'm saying is the only
thing that remains to be answered in my opinion, is exactly how many houses
are involved so that we can consider the human aspect of it; number two, how
much would it really cost to buy and demolish and I think we can ask the
question this way, how much can you get for $2.7 million? Because you might
be able to complete one block and only...you see, the northern tear or the
southern tear of the other one, do you follow me? So you could close off the
street. The crux of the matter is the street, put your finger on the street;
if you buy the apartments on the north and south of that street, all the way
to the avenue there, which should be 13th Avenue, is that correct?
Mr. Jennings: That's correct.
Mayor Ferre: Then you could close that street. Is that correct?
Mr. Jennings: Yes, Sir.
Mayor Ferre: Okay, so you may not have to buy the full block to spend the
$2.7 million, do you follow me?
Mr. Jennings: Yes, I do.
Mayor Ferre: So, you might if you buy around the street, get to close the
street that gives you additional.land, so on a square foot basis and on a
parking space basis you are a heck of lot better off. Do you follow me?
Mr. Jennings: Yes, I do.
Mayor Ferre: Because you gain the street, which has got to be at least...
what?..about 80 or 90 feet wide?...and better circulation. You see those
blocks, as I remember, and Rose you know a lot more about this than 1 do,
but they 300 feet wide, as I recall, so a half a lot is 150 feet. If you
buy a half a lot southern and a half a lot northern, that's 150 and 150 and
that street, property line to property line, has got to be at least 90 feet,
right? One hundred feet with the sidewalks?
Mr. Grimm: Most of the streets in that area, Mr. Mayor, are probably 50 or
60 foot streets, from back of sidewalk to back of sidewalk.
Mayor Ferre: So in other words, property line to property line is 60 feet.
Mr, Grimm: The street on the southern side of the Orange Bowl is wider but
I don't remember what the dimensions are, but most of those are 50 to 60 foot.
Mayor Ferre; So in other words, you are talking about 360 and 360. Now, if
1 remember properly, 162 feet is the key dimension where you can get four
lines of parking on angle parking... follow me now, two times 162 is 3 hundred
,and... bow ;such is it?
30 JUL 1419
i s Jehtiings: 324.
Mayor. Ferre: 324, is that correct? All tight, now, follow me Geotge Runde*
this is very important now, because that's something that you as an engineer
have got to figure out the numbers on. If you've got 300 fett that's just
not enough to have eight lines of parking, see? You have to have 324 feet,
let's round it up, 330 feet. So if you've got 150 and 150 - that's 300, and
the street which is 50, you've got 350 and so you've got room to spare so you
can have eight lanes of parking; so your efficiency factor for parking will
go up tremendously if you've got 350 feet, because you can eight lanes of
parking including the lanes in the middle to park. You can't do it with 300,
you need 325 feet minimum. So if you've got 350 it's just perfect.
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mayor Ferre: Right, but my point is this, that I think if you played around
with these numbers you will find that with 350 feet you can get eight lanes
of parking fairly comfortable where people won't be having accidents, and
fairly large to accommodate all sizes of cars and what I'm trying I guess to
point out is, that 300 feet is not enough, you need 350 feet and to do that
you need the street, that's my point.
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mayor Ferre: And I guess what I'm trying to say is that the other multiple
that you would need, your next size up for maximum efficiency which would be
12 lanes --follow me-- you'd need 487 feet which basically would be...you
need that extra lane but then•if you get the extra lane...I'm sorry, that
extra 'block', that southern block, then you get another street, which is
50 feet, plus 300, which is 350 feet. Am I correct in that?
Mr. Jennings: Well, it's questionable that you could use that street because
at the moment at least that constitutes the main entrance to the Orange Bowl.
Mayor Ferre: Okay, well that even answers itself there. All right, now,
there is one other alternative that we have not discussed, Mr. Grassie. You
see, on the southeast corner where you've got a green rectangle?....
Mr. Grassie: Yes, Sir.
Mayor Ferre: All right, if we do not buy that and in turn sell the yellow
piece so that we have no property at all in that block and apply that money
to the $2,7 million that you also have up to $15 million, you have more than
enough to do all that. In other words, why buy the green piece if you are
not going to do anything else unless the purpose is to close up that street?
Mr. Grassie: Well, that's exactly the purpose. That ties in a piece of
property you now have to your major....
Mayor Ferre: Okay, I see the logic of that, in other words you would have
to...then you would close off that street and that does make sense. Okay,
and then you make a green area out of it, okay.
Mr. Plummer: What else do you need from us?
Mr. Grassie: Well, assuming that what has been expressed so far is a con-
sensus and that that is the priority that you would like to observe, we
will refine the numbers and bring this back to you so that you can look at
it again and at that time we will answer the questions that you've raised
today.
Mr. Plummer; So in other words, as I understand it, you are going back to
put the package together for $15 million and come back and delineate what
that package is.
Mr. Grassie: Now, there is one thing that we have not talked about, in a
package this size normally we would include a contingency factor and that
has to come out some place, but aside from that, we are talking about ballpark
figures, the ones that you've mentioned.
Mayor Ferre: Let me express one last opinion if I may, W. Grassie. I think
that $15 million is a reasonable figure but I do not think that it is a magic
figura. What I mean by that is that is that if you want to put $1 million
contingency and make it $16 million and express that that extra million is
nothing mote than a contingency that should we need it we would use it
otherwise it would be repaid to the.bond or not taken out until we need
it, I will be perfectly agreeable with that. J.L.? Rose? and Father?,
that's just an opinion that I expressed, okay?
Mr. Grassie: I think that's all for this item at this time, Mayor, unless
there is something that you'd like us to respond to.
Mayor Ferre: Any members of the Commission?...Comments,..questions?
Mr. Plummer: The only question I have, Mr. Grassie, is so that we don't
come down to a crisis, are we providing adequate time to get this on the
November ballot?
Mr. Grassie: Assuming that we come to a conclusion at the next meeting, at
which time we will have the naswers for you on these questions you've
asked, yes, the answer is yes, we will have enough time.
Mr. Plummer: Assuming..because as I see we are doing this in reverse, and
I have no objections to that. Would it be proper that today we pass a mo-
tion or a resolution or whatever it takes to get it on the ballot that this
Commission is in favor of the $15 million improvement, we want to put it on
the ballot.
Mayor Ferre: Make it $15 plus $1 million contingency...
Mr. Plummer: Well, okay, I have no objections to that. What we would do
is pass the Resolution today and the only thing left up for if you want to
call it argument's sake is how does priorities will be delineated.
Mr. Grassie: Well, we'll need more than a resolution to put it on the
ballot and we'll have to coma back to you for that more formal action, but
certainly we would not be opposed to a resolution, I just don't know....
Mr. Plummer: Mr. Grassie, I'm just tired of government by crisis. I think
that we really should say is....say nor not say, is that we are in favor of
it, that we want to go for the $15 plus $1 or $14 plus $1, whatever it is,
and I have no objections to the $15 plus $1 because I:think it is realistic,
and let's do it today so that the public can be informed that our intent is
to move ahead.
Mr. Grassie: In terms of that demonstration of intent, that's good.
Mrs. Gordon: Would you let me ask a question? Mr. Grassie, you said you
would reduce to more specific information some of the things that have been
raised this morning and I'd like to have that before we go into a position
of expressing our intent. There are a number of considerations that have
to be made. Another consideration that has to be made and which we haven't
even said today is whether or not we could work with Dade County -wide
referendum for the raising of this bond issue. If it's going to be an ad -
valorem tax, I don't feel that the City should have the entire burden of
paying it back and it's not a revenue bonding issue, we are talking about
an ad valorem tax issue, so I don't think other than expressing the intent
to proceed with our feeling that the Orange Bowl has to be improved, that
I would want to take a position on the ad valorem tax issue for City of
Miami alone.
Mayor Ferre: Well, let me attempt to answer that by expressing my opinion
on this. I would prefer to have other governments —including in a way
the State and Broward County-- participate in sharing this but from a prac-
tical, pragmatic point of view, I don't think that that is something that is
reasonably to be expected, now Dade County is different, Dade County might
come across and help us but if we sit around waiting for Dade County to come
across then we are going to do the same thing that we did with housing. It
wasn't until we went out and did something that we were able to work...you
have to have the muscle to do it. And the only way you are going to have the
muscle is to have the voters' expression. Now, we have that, but unfortunate-
ly it was a stra-vote ballot so therefore it is suspect. The only way... -and
not legal, just simply not legally binding. Therefore the key question is
this, Mr. Knox, from a legal point of view, for us to have something on the
ballot, in November, on the first election which will be November 8th, Tuesday,
when do we have to have a vote and what are the time -frames that we have on it?
'JUL 141977
Mt1 Kiiokt I think Mr. Jennings has prepared a soft of a tentative time schey
dule and ity office is +working on a time -schedule also. Now, you will recall
that the bond issue authori'tation has to be pursuant to an Ordinance, and
unless that Ordinance is passed on an emergency basis it does not take effect
until 30 after the second reading.
Mayor Ferre: Now, assuming it is not on an emergency basis, what is the
time schedule?
Mr. Knox: All right, it appears that September 23rd is the final date which
is established by the Election Commission and City Clerk for advertising
purposes that we would be able to get it on the November ballot.
Mayor Ferre: Would that be the first reading or the second reading?
Mr. Knox: We could have first and second reading on an emergency basis at
the same meeting.
Mayor Ferre: But suppose we can't get the four fifths vote which is what
happened to us the last time.
Mr. Knox: All right, in that case September 8 and September 15 would be
the dates for the first and second reading.
Mayor Ferre: So the first reading would be on September 8 and the second
reading would be on September 15.
Mr. Knox: Now, remember that 30 days must be added to that in order that the
Ordinance become effective and that the City Clerk must advertise the dollar
question for a period of 30 days subsequent to the time that....
Mayor Ferre: Well, then that doesn't seem right, then September 8 is not
the key date.
Mr. Knox: All right, if you have the first reading on September 8, and the
second reading on September 15, 30 days before it becomes effective would be
approximately October 15 and the City Clerk would need 30 days in order to
advertise and that would not be....
Mayor Ferre: That's my point.
Mr. Knox: Right.
Mr. Plummer: So in other words what you are saying is that we
pass it on July 28.
Mr. Knox: Right.
Mayor Ferre: On first reading, when would the second reading be?
Mr. Knox: At the first meeting after the vacation.
Mayor Ferre: September 8.
Mrs. Gordon: Mr. Knox.,.
Mayor Ferre: Wait, wait, excuse me Rose because 1 don't want to have this
confused in my mind. September 8, now then 30 days after that is October 8
and then you have 30 days before the election, is that correct?
Mr. Knox: Right.
Mayor Ferre: I don't want to make any mistakes on this, Mr. Knox.
W. Knox: Well, this is being very detailed....it is being researched in
great detail by the Law Department at this time.
Mayor Ferre: Are you telling me specifically as an answer to my question
that if we pass this on first reading on July 28 then it is safe that we
can pass it as a regular ordinance and that we won't have any problems if
the second reading is on September 8, is that correct?
14±4 Knox: Yes, Sir, and l might point out also that the Code and the Chatter
proVide that an ordinance must be read at two separate theetings,..at two
separate meeting, which means again that theoretically if it's passed on
first reading on July 28 another meeting could be held prior to September 8
for the purpose of reading the ordinance for the second time.
Mayor Ferre: Well, on the second reading, is there a time requirement?..
24 hours?...
Mr. Knox: No, Sir, the Charter says "at a subsequent meeting."
Mayor Ferre: Well, then why did we get in trouble the last time around
when we were going to do that and then we couldn't do it?
Mr. Knox: We got in trouble the last time because the period where the
people would have an opportunity to submit a referendum petition ---the
30-day period before it becomes effective-- overlapped with the election
date for the previous question.
Mayor Ferre: I see, in other words, we didn't have 30 days.
Mr. Knox: Right.
Mayor Ferre: So that's what the problem was, as long as you have 30 days
then you could have two readings on an emergency basis one day after the
other.
Mr. Knox: Yes, Sir.
Mayor Ferre: All right, then we have plenty of time. Let me ask you this,
Mr. Knox, as I understand it we can pass a motion today which could then
become a resolution either this afternoon or the 21 and then it would be an
ordinance on first reading on the 28, or don't we need a motion right now?
Mr. Knox: No, Sir, for the purpose of the bond issue what you need is an
ordinance. Now, an ordinance could be read at the first meeting on the 21st
second reading on the 28th, and then there would absolutely be no problem.
Mayor Ferre: Would you be ready to do that?
Mr. Grassie: Yes, Sir. As a matter of fact your motion today would allow
us to prepare an ordinance for first reading on....
Mayor Ferre: Well, what motion is it that you need today, Mr. Grassie?
Any?
Mr. Grassie: I don't need any, it would simply make it more clear that you
are in basic agreement with what we presented and that the priorities that
you've expressed are the ones that you want in the ordinance and that you
want it back on the 28th, that's all.
Mayor Ferre: Well, what happened to Mr. Plummer?
Mrs. Gordon: How much of a revenue bond issue do you feel that you could
logically sell without going to the ad valorem tax route?
Mr. Grassie: Commissioner, that depends entirely on the discussion with
the Dolphins once they agree to the improvements that we are.talking about,
and we shouldn't minimize that step, you know, we still have to engage in
those discussions with the Dolphins with regard to what their view is.
Mrs. Gordon: The way things are set up now, ...the way things are right
now, is there any bonding that you envision you could produce?
Mr. Grassie: Dealing specifically with the income that our present agree-
ment provides?
Mrs. Gordon: Yes, your agreement now with your major user.
Mr. Grassie: The present 10-year agreement has a three-year out clause.
With that short period of time it would be almost impossible to talk about
Long-term bonding?
Mrs, Gordon: Mr. Knox, can I ask you a question? Is there any way legally
that this could become a county -wide issue without.,.weil, the county actually
taking control?
Mr Knox: That maybe the only alternative. the point is..the legal quest b
is whether or not Metropolitan bade County could Vote a bond issue for the
benefit of a facility owned by the City of Miami, and initially I would say
that that would probably not be permissible legally, but I could research.4`i
Mrs. Gordon:
Mr. Knox: Be
Mts. Gordon:
Mayor Ferre:
It would not what...?
permissible.
It would not.
But he doesn't
know for sure.
Mr. Knox: But I could check it.
Mrs, Gordon: Could you check it before
Mr. KNox: Yes, Ma'am.
Mrs, Gordon: Okay.
Mayor Ferre: You know, I think that's important because if they are willing
to help us with it....now the other point is this that you may as well check
out too. It would require an action of the county to put it on the ballot,.
we cannot put it on the ballot for them, is that correct?
Mr. Knox: Yes, Sir.
Mrs. Gordon: And also, Maurice,. could both the City and the
issue on the ballot at the same time?
Mayor Ferre: Sure.
Mr. Plummer: Yes, but not in November.
Mrs. Gordon:
Mayor Ferre:
Mr. Plummer:
Mrs. Gordon:
Yes, November...oh, no, they
Well, they would have to call one
Oh, no, forget that.
No, they are not going tc, call one.
Mayor Ferre: Well, all right, then I'll tell you, Father, based on that
I'll pass the gavel over to you and I want to make the following motion.
I move you Sir, that this Commission go on record, as to intent only, at
this time, that we proceed forward with a $16 million revenue bond issue
clearly denoting that $1 million is on a contingency basis and should not
be counted on for usage unless we have an overrun and that if it is not
used that those monies be held in.abeyance in taking them from the successful
bond bidder until they are needed, if needed, and if not, not take them. Is
that illegal?
Mr. Plummer: No, it's legal.
Mayor Ferre: Now, number two, that it is the intention of this Commission
to have all those items in your July 12th memorandum, enclosure two, in item
I pursued, including an enclosure 3...I'm sorry, in item number 2 which is
the east -end zone building, the new scoreboard, the 271" tread and the
construction of the east -end zone upper deck to replace seats lost..and
to be
whatever monies are left, up to $15 million to be used for parking
determined specifically on July 21 after you come back with specific recom-
mendations as to how that parking can best be accomplished by the City, and
this is strictly a motion of intent that would guide you as to what to do
between now and July 21. That's item A, item B is that at the same time
you inform your counterpart, the County Manager, and have him put this on
the agenda at the next county commission agenda, so that this Commission if
it wishes --.and I will be happy to address the Metropolitan Board-- to re-
quest that they put it on the ballot or commit themselves to put it on the
ballot, to support us so that we can get all or part of the $15 million from
Metropolitan Dade County. I en move.
Mfit kebosot Second.
Rev. Gibson: Call the roll, Please.
ON ROLL
AYES: Mayor Maurice A. Farts
Vice Mayer (Rev.) Theodore R. Gibseti
Commissioner Rose Gordon
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
NOES: NONE.
ABSENT: NONE.
Mayor Ferre: This matter will then come again before us on the 21st for
first reading, at that time with a specific recommendation, is that correct?
Mr. Plummer: Now, let's make the record clear, okay? because I don't want
anybody going away from here with a false impression. Mr. Mayor, I don't
think what you have just passed in a motion is really what you want, it's
what I want and that's really why I kept my mouth shut, okay?
Mayor Ferre: I make a lot of mistakes so clarify if I made a mistake, and
part of your mistake may be that I may be in agreement with you.
Mr. Plummer: Well, I hope you are. Read the first part of the motion, Mr.
Clerk.
Mr. Ongie: "A motion that the City Commission go on record in intent that
we proceed forth with a $16 million revenue bond issue.... "
Mr. Plummer: Stop.
Mayor Ferre: No, I beg your pardon, let the record reflect that I didn't
mean revenue bond issue, well, obviously...Father Gibson, I move you Sir
that the previous motion be corrected to change from 'revenue' to 'ad valorem
base.. -what is it called?
Mr. Grassie: General Obligation Bond issue.
Mayor Ferre: General Obligation bond issue, I stand corrected and I apolo-
gize for that mistake.
Mr. Plummer: Now, the point...go ahead and see if you can get a second.
Mayor Ferre: All right, I so move you, Sir.
Mr. Plummer: Now, under discussion, Mr. Mayor, I was most emphatic, let me
establish the record very clearly, I'm all in favor of improvements to the
Orange Bowl, contrary to what some people of the media would like to believe,
but I remember very clearly how it was done before and I made it most emphatic
before this Commission that before we go to the ad valorem taxes, and if we
have to eventually, I have no problem there, but I told the administration
to come here when they made this presentation proving to me that there was
no way to do it under revenue bonding. Now, I don't know whether it is conve-
nient or what but I haven't heard a word about that today and all I'm saying
to you is there is no way that I am going to vote to obligate the taxpayers
if there is the slightest chance of doing it through revenue bonds, and I have
not heard a word about that today.
Mayor Ferre: I agree with that but it's a chicken -egg situation.
Mr. Plummer: No, it's not.
Mrs. Gordon: You just heard the Manager's comments when I questioned him
on the revenue bond, J.L.
Mr. Plummer: What were his comments, Rose?
Mts. Gordon: Re said, no dice until he has a conclusion with the Dolphins.
Ht. Mummer: I don't accept as an argument `-'no dice,"
It's. _Gordon: That's what he said.
.1111 1 A.107
f. Pltiier. f don't f accept that, that's great. in Vegas but it doesn't �totk
_
evidence that there is no dice, and if
'here. All I Want is the supporting evidence
the motion+
that's the case then I'm all it favor of the changing
Mayor ferret J.L., listen, it's the chicken -egg situation because,..,
Mt. Plummet: No,
it's fried chicken because the chicken might get cooked.
Mayor Ferre: May I finish?
Mr. Plummer: Sure.
Mayor Ferret We don't have Joe Robbie in hand and I agree withuntil
period you, f ,
we have Joe Robbie in hand with a good contract for a long
why when we
there is no way to go to the revenue bonds. Now, that'sput it
the
on the straw -ballot I think it was very clear that we were asking
tax
good turnout and we
payers to tax themselves, and as you know we had a very g we have established
vote in favor of that. Now, furthermore,
had a very strong that committee
Kunde, we'll
a distinguished committee Art Brunsecame ns ohere oand non the •record said, yes,
isg headed by Art Bon bonds, taxpayers general obligation bonds, but, no,
agree with you to go to remodel the Orange
we don't want you to build a new stadium we want you
it's a chicken -and -egg is egg situation....
Bowl and that was that Committee's recommendation to us, is that correct?
All right, now, as far as I'm concerned, I'll
Mr. Plummer: All right, look, Mr. Mayor,
let me simplify it for you.
the chicken today, okay? but I want it fully understood that before
vote for in this administration has g
I let that egg be hatched, somebody objection if we
to me with supporting evidence what 'no dice' is. I have noofo the game je tion if
can completely discount 'revenue bonds,'but at this stage
b
body has
offered me a shread of evidence that ft or the ad workl andrebmtnitm uellg
a simple explanation of 'no dice.'I'll vote
ing you very clearly, and I want the record clear.
number
Mayor Ferre' Okay, I just want to state on the record that 1 would, , if you
y to revenue bonds, Mr. is this than the
one, prefer to go to .non-advalorem,do
can do it. And number two, 1 would rather have the county at I'm willing to
City all or a pottier thereof, but
bsent like weose two, did with housing.
stand up and say "count me in,"
Mr. Plummer: Fine, I have no objections to that, none.
Mayor Ferre: Call the roll.
Mr. Plummer: You are reconsidering the motion.
Ma or Ferre: No, this is a substitute motion or an aclaratory motion,
y
if you wish.
Mrs. Gordon: No, you have to remove the other,
Maurice.
Mayor Ferre: Well, I move that the previous motion be corrected....
W. glummer: Rescinded.
Ferre: No, not rescinded but correcteedasoa lhiat 1 don t have
e to wrepeat
Mayor in the opening p g
d
the whole darn, long thing before?••-
general bond issue f or...what did I say
Mx. Plummer: Revenue.
Mayor Ferre: Revenue bond issue. I so move.
Rev. Gibson: Call the roll.
Mayor Ferre: And Reboso seconds, uYC
following motion was introduced by Cossi0ner',$,ayor Ma
e
The f Ferre, who waved its adppboil.
LOTION NO. 77-552
MOTION EXPRESSING THE INTENT OF THE CITY OMMISSION TR
CITY �GER EE DIRECTED TO PROCEED WITH A C
• i
ISSUE IN THE TOTAL AMOUNT OF $16,000,000 EARMARKING $15,000,000
FOR ORANGE BOWL, IMPROVEMENTS AND HOLDING $1,000,000 IN ABEYANCE
FOR POSSIBLE FUTURE NEEDS OR OVERRUNS; FURTHER EXPRESSING THE
INTENT THAT ALL ITEMS CONTAINED IN ENCLOSURE #3 OF CITY MANAGER'S
MEMO DATED JULY 12, 1977 BE INCLUDED, NAMELY: 1) NEW SCORE BOARD;
2) INCREASED TREAD DEPTH FROM THE PRESENT 25" AND 26" TO 27t1" IN
BOTH NORTH AND SOUTH STANDS; 3) CONSTRUCTION OF EAST END ZONE
UPPER DECK TO REPLACE LOST SEATS; FURTHER DECLARING THE INTENT
THAT ANY MONIES LEFT WILL BE USED FOR THE DEVELOPMENT OF ADDITIONAL
PARKING AND REQUESTING THE CITY MANAGER TO MAKE A REPORT TO THE
CITY COMMISSION ON JULY 21, 1977 AS TO HOW FUNDS. FOR PARKING CAN
BEST BE UTILIZED; AND FURTHER DIRECTING THE CITY MANAGER TO REQUEST
OF THE COUNTY MANAGER TO BE PUT ON THE COUNTY COMMISSION AGENDA IN
ORDER THAT REPRESENTATIVES FROM THE CITY OF MIAMI COMMISSION ADDRESS
THE COUNTY COMMISSION TO PUT THIS BOND ISSUE ON THE BALLOT IN
NOVEMBER, 1977 ON A COUNTY -WIDE BASIS.
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
NOES: None.
ON ROLL CALL:
Mrs. Gordon: Ahh,..makes my life very difficult. I went with the motion
before and not because I didn't know specifically what the Mayor meant but
because he agreed to go to the county and to plea his case and so I'll vote
yes again.
Mr. Plummer: With the explanation that I've given and the understanding I
vote yes.
Mayor Ferre: I want to on the record thank J.L. Plummer and shows you the
kind of first class citizen he is, that he caught the mistake, I obviously
did not, and he is the kind of person that will point it out rather than
letting me go under false assumptions, and for that, J.L., my thanks pal.
USE OF CITY FUNDS FOR INTERNATIONALADVERTISING.
Mr. Plummer: Mr. Mayor, members of the Commission, this will only take a
minute. May I just...for a motion of intent. You appointed me, Mr. Mayor, and
had I known what I was getting into I would have punched you square on the
nose, appointed me to sit as a committee to help select a group or a company
for the advertising of the City. One of the things which is a blaring, blaring
inequity needs to be changed by motion of intent of this Commission. We have
$200,000.At the present time, that $200,000 is restricted for international
advertising to less than 10%, in order words, we cannot advertise in Latin
and South America nor Canada with more than $20,000 total. I would like to
make a motion of intent or whatever the proper motion is, that that $200,000
set aside for tourist attraction..excuse me, for tourist advertising, be un-
restricted and allow the people who are the experts to make the decision as
to where that money should go. That's in the form of a motion, in other
words, don't restrict it to that percentage, just open..
Mayor Ferre: I agree with that, second by Father Gibson, call the roll
please.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 77-553
A MOTION DECLARING ING 7 E INTENT OF TRE CITY COMMISSION THAT PRESENT
FUNDING POLICIES REGARDING CITY ADVERTISING EXPENDITURES FOR
THE CITY OF MIAMI BE CHANGED FROM THE PRESENT FIXED PERCENTAGE
ALLOCATED FOR INTERNATIONAL ADVERTISING TO PERMIT THE TOTAL USE
OF THE ENTIRE $200,000 BUDGETED FOR DOMESTIC AND/OR INTERNNATIONAL
AS DEEMED APPROPRIATE BY THE PUBLICITY DEPARTMENT:
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote-
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
Mr. Plummer: Mr. Gary, do you understand the motion I just passed? Okay,
because it was understanding that when they reached $22,000 last year it
was your office who put a halt and said that you could not deep into the
so-called domestic advertising and increase the budget of the international.
Okay, the only thing I am saying is, the way this motion was just passed,
is that the entire $200,000 can be used for advertising regardless of
Whether it is domestic or international. Okay?
THIRD STATUS REPORT ON 1977-1978 BUDGET.
Mayor Ferre: We are on item number B now.
Mr. Grassie: This item, Mr. Mayor and members of the City Commission, is a
Third Status Report on the budget and Mr. Howard Gary is here to give this
Report to you.
Mr. Gary: Good morning. In your package, we've given you a synopsis or sum -
wary of the Third Budget Status Report. What I can do at this time is to give
you an from the first estiamte up until now to give you an idea or to
refresh your memory as to how we got to where we are now. At the first estimate,
we had a budget problem of approximately $7.6 million. This was attributable
to a $2.2 million revenue reduction anO an increase in the appropriations of �...,,
approximately $5.4 million, which makes the $7.6 million budget problem. The
$2.2 million revenue reduction was mainly attributable to a loss in FPL franchise
revenues of approximately $1.3 million and a loss of Federal Revenue Sharing of
approximately $941,000. The $5.4 million was attributable mainly to an anti-
cipated increase in pensions of $1 million and an increase in the General Fund
due to 31% and 5% salary increase and a 6% inflation increase of approximately
$4 million. As of the second estimate, we had an increase of approximately..
well, a net increase of approximately $1.9 million. This was attributable to
the actuarial requirements of the Pension Fund. That led to a problem of $8
million. As of the third estimate, we have now received a net increase of
$600,000 approximately and that's due mainly to an increase in counter -cyclical
revenue sharing of approximately $1.8 million...$1.08 million dollars, and
also a decrease in our assessed evaluation of approximately $430,000 at 10 mils.
So, as of today, we have a problem at 10 mils of $7.3 million. Now, our anti-
cipated increase for the taxable value, we assume through analysis over the
last five years that our taxable value based on that period of time has in-
creased between 6 and 9 tenths of a percent and we decided to use the lower
figure, 5%, however, .as the result of the certification that we received from
the county our increase in taxable value only increased 3.8/l0ths %, which
resulted in a reduction of $430,000 over our anticipated amount. Now, I must
also explained to you that at this time we have -over from 1976-1977- we still
have an increase in our taxable value. Our taxable value in 1975/1976 in-
creased about $166 million, and this year it's increasing by $150 million,
Are there any questions.
Mr. Plummer: Yes, what's:the bottom line?
Mr. Gary; The bottom line Is a $7.3 million budget prpb.eu►,
Rt. Plummer: The obvious question, what ate you going to do about it?
Mr. Grassie: The.last page of the.teport, Commissioner, includes a budget
review and a City Commission consideration schedule which gets you into the
process, as soon as you get back from the August recess, and what we will have
for you at that time is a recommended balanced budget for your consideration.
In the meantime, we have to do a lot of cutting, obviously.
Mr. Plummer: Okay, here is my only point, okay?, and I want to make this very
clear and I'm not going to pin -your feet to the fire like I intended to do,
okay? But it's pretty obvious in my mind that a lot of people are going to be
terminated from employment. Is that a reasonable assumption?
Mx. Grassie: Yes.
Mr. Plummer: Okay, now, my concern, Mr. Grassie, is that those people assuming
that the termination date would be approximately October 1, that they know as
soon as possible, that their job with the City of Miami is going to be no longer.
What I'm saying is that I don't think the 1st of August is too late to put these
people on notice. Now, I would much rather do like the School Board did, and
that is to make people aware that this is coming and then later be able to revise
it down, but I am deeply concerned that those people who have to provide for
their families should have as much time as possible to seek another employment.
I don't want it to come on the 15th of September that suddenly they've got 15
days more of employment and...if we could, in some way, shape or form, any
OS way shape or form, tell these people or at least put them on.notice by the 1st
of August, that will give them the month of August and September to start look-
ing for other employment, 60 days, and I personally don't feel that that's too
long of a period of time. Now, that's really what I've got to say, that as far
as I am concerned it is obvious what's got to happen, when 90% of every dollar
we spend is employee cost and you are $7, $8 million down, mathematically it's
pretty simple to figure, that people are going to be terminated and I just want
those people to have as much chance to get other employment so when they terminate
with the City they can still provide for their families, and I'll say no more.
I realize that what I'm saying is not easy for you.
Mr. Grassie: No, and it's not easy for employees either, there a couple of
things that we need to be aware of, one, you know that in the lay-off process
we go through what we call bump -back, which means that the person whose posi-
tion is abolished may not necessarily be the person who ends up without a job,
he may bump -back and...That process depends on the employee making an election,
you know, he can decide to take another job or not, so you really never know
until it becomes a real problem, until the question is answered by the employee,
who is going to end -up with that lay-off. Now, we can notify people who are
in positions that conceivably could be affected of that, you know, that their
position could be affected. We can't tell them until the employee makes the
election whether in fact his key is going to be without work.
Mr. Plummer: Mr. Grassie, I realize it is not simple, but I think if you
wish to use the terminology 'bump -back', that all of those poor souls who are
on the back not the bump are the people who should be put on notice if nothing
more, that if somebody bumps they are going to be out, not back. And all I'm
saying to you is I don't want these chambers filled the day of October 1, with
400 screaming people —"why didn't you tell us?"
Mr. Grassie: Well, I'm sympathetic to what you are saying Commissioner but
the question is whether it is physically possible to accomplish. Let's take
a specific situation. You have an employee who has come up through the ranks
to a position that is going to be abolished. He has tenure in certain of those
ranks. Now, what you have to do is analyze every person that could be possibly
affected, decide ahead of time, where he might elect to go back based on what
he is capable of doing and then notify everybody who is in a job that could
be affected based on that election. What you are going to end -up is, you.know,
two thirds or three quarters of the City's employees, as potentially affected.
Mr. Plummer: Well, let me put it to you another way. Is this possible? I would
assume by now you have a pretty good idea of what positions are going to be
abolished, terminated or abolished.
Mr. Grassie: We have the initial Reports by Departments, yes.
Mr. Plummer; All right, now, is it fair or would it be fair, somebwere around
the Lit of August to Make it known to the employees what positions ate going
to be abolished?...
Mr. Grassie: Yes.
Mr. Plummer: Joe, I just don't rant it to come up at the last minute.
Mr. Grassie: If it's in a position basis and by Department, that is possible.
Mr. Plummer: Okay, look, isn't it practical to belive even though that I'm
much opposed it, that "x" number of firemen are going to be laid -off?
Mr. Grasie: Reasonable.
Mr. Plummer: All right, we know then that there is no other place for fire-
men, as I see it, and that the man who were the last 15 men who were fired
are obviously the 15 who will if there are 15 laid -off.
Mr. Grassie: Except that, we have been saving vacancies.
Mr. Plummer: I know that, I'm not using the number 15 only for the sake of
trying to come upon...that we notify 10 of those, that a good chance exists
that the first day of October that they are no longer going to be employeed
for the City of Miami. I don't think it's unreasonable, and only you know
the figures, it might 60, it might be two.
Mr. Grassie: The point I am making is that you would have to deduct from
the total number of positions to be eliminated those which could be and
again, you are taking a chance you know, you are guessing to some extent,
those that could be accounted for by vacancies. Now, if you do that and say
there remain "x" number of positions that are filled which we expect will be
subject to lay-off, yes, we could do that.
Mr. Plummer: Well, all I'm saying to you, Joe, I'm sure you have a good idea,
you have a ballpark figure, and I would rather notify an individual the 1st
day of August to put him on notice that he better -look, not necessarily get
but you better start looking for other sources of income and then, you know,
a windfall comes along and than man is not terminated, then, well and good,
all the better. The problem that I see is, I just don't want...and I've seen
it before, people come up the last day and suddenly...wham-o! Now, if you can
do it before August the lst, so be it, but I think August 1st is really in
my mind, and I don't know your mechanics, the deadline that people should be
/k put on notice that there is a possibili::y that come October 1, 1977 they will
not be working for the City of Miami. Now, that's my opinion, I don't know
what the rest of the Commission feels, but I am just -concerned...
Mayor Ferre: I personally agree.
Mr. Plummer: ..that the more notice you can give these people, the better.
You know, let me state this, Mr. Mayor, and I'll just take 30 seconds more,
wy estimation of a company who I don't know a hell of a lot about, Rockwell
International, like overnight they are losing something like 38,000 employees
that they've got to terminate because of the President's decision. At least,
they had the courtesy to call all of those people in who are going to lose
their jobs, they at their expense brought in other people from other fields
in other companies to try to help these people get other sources of employ-
ment. And I tell that speaks very highly of a company, in my estimation,
they really bend over backwards, because they did not have 60 days, that was
an instant decision, and all I am saying is that I would feel much, much bet-
ter if those people --not necessarily they'll be laid -off-- are least put on
notice, so that they don't sit back using the word complacent..that they've
got a job and suddenly they are thrown out into the streets. So, I say that
for what it's worth.
Mayor Ferre: Well, in effect then what you are saying is that as of this
moment you are $7.5 million short, and to do that you are going to have to
lay-off some people to have a balanced budget and how many people would you
anticipate would have to be laid -off?
W. Plummer: They don't want to say that, Mr. Mayor, and I can appreciate it,
they don't want to answer 'how many,'
Mf. Gtassiet In fact, tit. Mayors, it is ttot because we hatre it in our back
pocket and toe ate hiding it from you, but we have teceived from departitetts
their individual plans for making reductions in their departments. Now, I
have to sit down with those departs ents, analyze them and then:aftetwe tome
to some agreement on how the cuts are going to be made, produce a sutiary,
and we have not done that because we have not had those meetings with the
Department Heads, yet.
Mr. Plummer: I said that I wouldn't push you on that situation, okay? All
I'm saying is I hope that you will do like the School Board and that is, what
was it? They put 1,800 people on notice and they are really .in fact only
going to be laying -off only 1,000. Ta put the people on notice that, you
know, here is the way..no dice, here is the way they are rolled, ao, that's
all I'm saying, Mr. Grassie.
Mayor Ferre: Okay, now, I know you don't want to answer this and I'm not
going to press it except that just, on the record, I want to say, we are
short $7.5 million and each employee in this City takes..what?..$15,000
average?
Mr. Plummer: Oh, Lord, no, much more.
Mr. Grassie: About $16,500 or $17,000?
Mr. Plummer: How much?..Wait, wait...Mr. Gary, you are overlooking a little
thing called "fringe package."
Mr. Grassie: It's straight salary.
Mr. Plummer: Just tell the truth, that in Police and Fire every $1 million
represents 50 people, correct? And General Employees around sixty-five.
Mr. Gary: (Statement made from the audience, not on the record).
Mr. Plummer: Okay, fine, but your fringe package in Police and Fire is
36%, so let's keep a true picture here, now. That employee represents
roughly $25,000, and about $22,000 in General Employees, with the fringe
package.
Mayor Ferre: So, in other words, let me put it to you this way, that we are
talking at least in excess of 300 people and probably way under 500, but that
we are talking at least 300 people...between 300 and 500 people would be a
fairly accurate guesstimate as to the ranges.
Mr. Plummer: And in an election among the employees, Mr. Gary goes first,
Mr. Grassie goes second...
Mayor Ferre: And, we are trying to talk about the magnitude, the City of
Miami has 4,3oo and some odd employees including those that are on Manpower,
and C.E.T.A. positions, which are not affected, is that right?
Mr. Plummer: Not at all.
Mayor Ferre: So our regular employees are what?..3,200 or 3,300?
Mr. Grassie: We have about 4,400 employees including C.E.T.A., Mr. Mayor
and about 3,800 in the City.
Mayor Ferre: So you are talking about roughly 10% of the work -force, maybe
a little bit less, hopefully a little bit less, is that correct? If you were
to make an across-the-board cut of employees that's about what you are talking
about, if everybody had to take the same heads, is that about right?
Mr. Plummer: Everybody will have to take the same...?
Mayor Ferre: No, IF, IF.
Mr, Plummer: Oh, I'm sorry.
Mr. Grassie: Well, one of the things that I'm going to try to do in the
*en two weeks as we go through these budgets individually with departments
is to reduce that number. 1 hope they will be less than that, Mr. Mayor.
Jill 1 it
Mr. Grassie, let me put it on the record, please, tit' �lu�ert Okay, ou, it is for an explanation, was
tint finding fault or criticism of yand I saw in the paper where you had
in Bogota and picked up a local paperI have no qualms with :that, okay?
Nov,The only
given two of your Assistants raises. for what he is doing.
t think the men should be paid compensatory for
that as it related to
question that I have is that it was my was to be with Commission approval.
your Assistants, that increase in salary
our discretion. Now, I don't remember as a Commissioner
All other were in y approving any increase for any of your Assistants.
Mr. Grassie: When you speak of Assistants, Commissioner, I think that the
action of the City Commission relates to the specific position of Assistant
City Manager.
MrWell, it was very clearly delineated when the Yager Plan was
put. forthoheo. thereafter, and all I'm asking for is a clarification.
or shortly or as I recall,
If in fact it only relates to those Assistant City Managers, can orve as Ithat repocall,
on
your Assistant, and I would like that clit.ified if y
of the Minutes brought to me I would appreciate
Mayor Ferr.e• All right, is there anything else to be brought up before
this Commission?
PRESENTATIONS,
PROCLAMATIONS AND SPECIAL ITEMS ,
Presentation of Keys to the City to Alvaro Chamarro, Mayor of Granada,
Nicaragua.
Presentation of Commendation to Anna Carter for voluntary service
with Fire rescue units. Chief Hickman will also be present.
Presentation of Scrolls of Friendship to distinguished visitors from
Africa. These gentlemen, all public administrators, will travel to
various cities in the United states and meet with professional
colleagues.
Mr. Marcel Moyouana, Central African Empire
Mr. Sidi Yeslem ould Amar Cheine, Mauritania
Mr. Assoko Seka Pascal, Ivory Coast.
Mr. Benjamin Kouessou, Cameroun
Mr. Alexander Harrison, Escort -Interpreter.
Presentation of a Commendation to Majestic Investment Company of
Denver for sponsoring the largest public work of art totally with
private funds. Niki Rudenberg is here to accept for the company.
5. Presentation of a proclamation to the Rev. John J. Merz in recognition
of his service to the community
since accepting his first parish here
more than four years. Rev. Thiele will also be here.
6. presentation of Keys to the City to Alvaro Chamarro. Mayor of Granada
Nicaragua (a second time for photography).
ALLOCATE $700.00
FROM D1ALITY OF LIFE FUND FOR INTE yATIONAL F3iING
REGATTA.
Mayor Ferre: I would like to recognize Ms. Maria Elena Torano and Mr. Leslie
pantin who are here on a special item.
M.r. Pantie: I am Lesie Pantie and I'm appearing here as a co, -chairman of
the International Rowing Regatta which is too be
ebeecrews on the
irou�3foreiSn Eonntrie¢
And 24 of this
tenth at the Miami Marine Stadium. Thee
Bpecialiy Mexico, from other cities in the State of Florida, and from other
1
_Alas it the U.t.
Mayan Ferret Mr, pantin,we ate honorreda y your
o irpreseu nce, esTl aeys, lend
if
you Would tell us specifically what
wants to take it up at this time.
Ms. Totem: Mayor, all of the members of the Commission have been aware that
for four consecutive years Miami has been tremendously andding to meisaational sou source ofwtreimendousng as
and that the event has g Club is in need to use the Marine
promotion for the City. The Miami Rowing
Stadium to hold the Regatta and what we are asking from the City Commission is
a promotional grant of $700 or so which, of course, will
backhe to oe the e the
because there are certain expenses that -we have to pay sbe use ofavailah
stadium, but perhaps through Publicity or some funds that might
le
for promotion, you can help us put together this event.
Mr. Grassie: Mr. Mayor, this money will come back to the City.
Mrs. Gordon: It's a loan in effect, is that correct?
Mayor Ferre: No, it's a grant of $700 that's specifically to be used to
promote the regatta, is that correct?
Mr. Grassie: Exactly.
Mayor Ferre: Mr. Manager, would you address yourself to this and see if
can help us? It is a promotional event of $700.
Mr. Grassie: If it is the desire ofm aiese City
from the Quality ofsupport
Fund,
effort we could take the necessary
the City Commission established for this kind of purpose.
Mayor Ferre: ARe there sufficient monies in that Fund?
Mr. Grassie: Yes, there are, Sir.
Mrs. Gordon: Which Fund?
Mayor Ferre: Quality of Life.
Rev. Gibson: Move.
Mr. Reboso: Mr. Mayor, let me ask this, besides that, can we waive the rent?
Mayor Ferre: Well, let's take one thing at a time.
ager be
Mayor Ferre: There is amotion
from theFather
Quality ofGibson
Lifethat
Fund forCity
thhenpurpose of
instructed to transfer$70O
promoting this Regatta as outlined this afternoon.
The following motion was introduced by Commissioner Gibson, who moved
adoption.
MOTION NO. 77-554
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO TRANSFER
FUNDS NOT TO EXCEED $700 FROM THE "QUALITY OF LIFE FUND" FOR FUNDING
THE INTERNATIONAL ROWING REGATTA.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote -
AXES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Fevre
JUL 14197
Hayot Ferret Thank you and our best wishes to you and have a successful
ttip.
PERSONAL APPEARANCE: vim SIMONHC - REQUEST FOR APPEARANCE ON
JULY 28 AGENDA
Mayor Terre: At this time I would like to recognize Mr. Mike Simonhoff
who has asked to be recognized on a special item which will only take a
few minutes.
Mr. Simonhoff: Mr. Mayor, members of the Commission, I want to thank you very
much for granting me these few minutes. I think we have a very unfortunate
misunderstanding between myself and the Department of Public Works regarding
a project that I'm trying to bring before this Commission for final approval
on the 28 Agenda and the urgency is that if it is not agreed upon today it
will not get on the 28 agenda and therefore we'd have to wait until the Fall
to do this. This property, I think, most members of the Commission are aware
of, lies on Main Highway off the Coconut Grove Playhouse and is approximately
16 acres which we are projecting to plat as R-1D, single family home sites.
We finished all of our drawings, Biscayne Engineering has done it, it has been
signed by myself and David Sweetland, it's been signed by Bob Davis from Zoning
it's been.signed by Al Moore from Biscayne Engineering and we are ready to bring
it up for final approval. It was taken in last Friday for the final fees and
last looks by the City and today I find out that I have to post a bond and fill
I this property. The bond is going to be ---this was hand -delivered this morning
to my office, incidentally, at.the time thet'.I was waiting to ask the Mayor
for the opportunity to address you. The bond comes up to $28,800 cash bond.
Our contention is and has been that this land is historical, it has been there
for a long while, it's been bulkheaded out to the harbor line, it's an environ-
mental preservation district, any filling would destroy the shoreline ecology
on the parcel which I have, the parcels zoned by David Sweetland has been
through the 26 hurricane and many hurricane since then; we have no intention
of b>>ilding any residences that are not sound and safe. There were three
Ordinances that were quoted to me by Public Works, and they relied on to raise
the site to 6 feet, one was Ordinance No.6734, which addresses itself to fill-
ing in reclaiming lauds, submerged land, and that was passed by the Commission
in 1961, I believe it was; Ordinance No.5465, which was passed 1955 and was
basically addressed to septa.: tanks and low -line flooded areas, which actually
does say:"the design grade shall not denote the ground level to which the
entire lot must be filled;" and an Ordinance No.6864 passed 1961, and this
also addresses itself to fill materials and type of things in submerged lands.
In all of these things, in addition to what we find and the Zoning Ordinance
in Section 30, page 24, elevation of fill land - says: "any fill._land created
contiguous to the main land or of any developed island in the City of Miami
shall be filled so that the settled elevation of such filled land shall not
be less than 5.5 feet north of the and 6 feet south of the Ricken-
We are not filling and we are not creating any land, the land is there
any filling has to be done through State and is in violation of State law and
requires State permits, as do any bulkheading or vertical bulkheading or fill-
ing. My contention and it has been that of our attorneys and I wouldn't be
doing this if the attorneys were in town today, my contention has been on
legal advice that we do not have to fill this property, that all we have to
do is submit proper plans which we have done through every Department of the
City and I'm asking the City to put us on the Agenda or direct the City Clerk
to put us on the Agenda on the 28th so that you can pass, or hopefully will
pass these plans so that we can get our job under construction.
Mrs. Gordon: What is it that you want from us today?
Mr. Simonhoff: I want you to tell Public Works and the City Clerk that we
can be on the Agenda on the 28th so that I can present and this can be passed.
We have our entire plat signed and ready to do, and that has to be passed by
this Commission on the 28th.before we can do anything.
Mrs. Gordon; And that would be ou the 28th and you are asking us to....
Mr. Simonhoff; That's correct, and one last thing is that in one of the
Ordinances that is being relied upon by Public Works it says that if the
grade is less --now, this is assuming that the design criteria is 6 feet,-
that any grade that is less or more than 2 feet above...I'm sorry, let°s
start again, any grade..existing grade that has more than two feet under the
flood criteria would need to be filled. In no place do we have a part that is..
we have about 41 feet, is an average grade in this area, 41-5 feet, that's where
it is, and if we have to come up to 6 feet then in no place are we in excess of
that twofeet:.limitation. But all the Ordinances contradict one another, and
what we are saying is there is no place that really requires it to be 6 feet.
Mrs. Gordon: What you are really saying though is that we take a positive
position as to whether or not you should be on the Agenda on the 28th, not
whether or not you should or should not fill, at this time.
Mr. Simonhoff: Well, that's correct, because we are not even allowed to tome
before you on the Agenda on the 28th unless we sign these papers with Public
Works saying we are going to fill it, and that's blackmail.
Mr. Grimm: Vince, is standing there ready to say something.
Mr. Grimm: Yes, if I may, Mr. Mayor, members of the Commission, you know,
it's incredible to me that Mr. Simonhoff would get up in front of this Car -
mission after what he put this Commission through for the last 6 weeks and tell
you that he was not aware of the City's requirement, this is just unbelievable
to me, this is exactly what we've gone through with Abitare. Now, in essence,
what he is asking you to do is to waive the requirements'of the Ordinance, that's
what he is asking you to do, you haven't even had the benefit of the Public Works
report or the Building Department's report telling you why they want to do what
they want to do. I think it is very inappropriate to be here, in front of this
Commission, not on the Agenda, asking for this favor.
Mr. Simonhoff: Mr. Mayor, I submit to you that the project that Mr. Grimm
brought up which I was not going to bring up was never required to have any
permits or any bonds. They issued a permit about one month after the work was
done. The plat that was recorded was recorded approximately 5 months after
they began construction and Public Works is now telling me that I cannot come
before this Commission to ask you to approve an R-1B in an R-1B area, and I'm
telling you that these three Ordinances,..and I'm going to read them because
I want it on the record, 6864, 5465 and 6734, now, these are the 3 ordinances
by which Public Works determines whether a fill is required and these ordi-
nances say it is not required, and I defy any one to say that it is required
and if Mr. Grimm would like to read them and go piece by piece with me, I'll
do it, right now.
111
Mr. Grimm: I'll be happy to put this into the record if you wish. Section
5420 of the Miami City Code- "agreement and bond as to paving and other im-
provements by persons submitting plats or replats to the City Commission. All
persons submitting any proposed plats, re -plats, revised plats, amended plats 111
or re -subdivision, of any previously recorded plat or portion thereof of real
estate in the City, to the City Commission for its acceptance and confirmation
are hereby required to accompany any such proposed plat with a suitable agree-
ment entered into by such person with the Director of Public Works, on behalf
of the City, providing for the construction for any or all of the following
improvements as to be specified by the Department of Public Works in its en
gineering report on the proposed plat: a) the construction within the platted
area of permanent -type street pavement, including grading and fill as required,
sidewalk curb and gutters, parkways, storm -drainage structures, sanitary sewers,
eater -main and services in connection therewith and any other improvements
where the proposed use and location make such improvements necessary. b) The
construction of permanent -type bulkheads along the shoreline or harbor line or
any water -course contiguous to the area platted as follows: 1) Permanent -type
bulkhead shall be constructed to the minimum elevation of 511 feet City of Miami
datum along all rivers and canals and along the shore line or harbor line of
Biscayne Bay north of the Rickeabacker Causeway. (2) Permanent type bulkhead
shall be constructed to a minimum elevation of 6 feet of City of Miami datum
along the shore line:'... and on, and on, and on....
Mr. Plummer: Mr. Grimm, wait a minute, Mr. Mayor, I'm not going to sit here
and spin my wheels and waste my time for something that I don't know what the
hell they are;talking about and I'm beginning to wonder if they do. Now,
Mr, Simonhoff, the proper place for you, Sir, is not before this Commission
in my estimation but before the City Attorney. You are arguing a point of
law and I don't know personally why you or Mr. Grimm are wasting my time on
something that's a legal matter. Now, I don't want to get into that hassle
today and if it goes any further I'll invoke the Rule, okay?
46
JUL 1419i
Mt. Plummer: No, Sir. You have asked to be put in the Agendas bete again,
if the City Attorney says that everything is in order I don't think thete
is anybody here who would deny you that right but I am not going to sit here
and take my time for something that isn't even being asked for. You ate arguing
a legal matter. that should go to the Legal Department. Now, all I'm saying
to you is where you should be is tomorrow morning in the City Attorney's of,,,
fice. Hash it out, work it out, then come back here on the 28th but don't
waste my time today.
Mr. Simonhoff: But, Mr. Plummer, may I only ask you one thing as a clarifiy-
cation. I'll be happy to do that if I can get before the Commission on the
28th, I was notified this morning....
Mr. Plummer: Well, let me put it to you this way, if you don't do it you
are spinning your own wheels.
Mr. Simonhoff: Well, I'll be happy to get with them, however, today is the
cut-off day that's why I'm here.
Mr. Plummer: Have you got to go before the Plat Committee?
Mr. Simonhoff: I've been before the Plat
I'm here for final plat approval and if I
in this, and to deliver me something this
$28,000 cash bond while I'm sitting here,
and I come up to this Commission? I'm a
Plummer.
Committee, I've been approved.
'm not I'm held up three months
morning and tell me to post a
when he tells me on the phone
citizen of this City too, Mr.
Mr. Plummer: But, Mr. Simonhoff, I understand that Sir, but we do have
procedures.
Mrs. Gordon: J. L.,...
Mr. Plummer: I'll make the motion, Rose, I'm not opposed to it. I make a
motion that Mr. Simonhoff with his problems be scheduled for the 28th of
July, period.
Mrs. Gordon: I'll second the motion, that he be on the Agenda for the 28th.
Mr. Plummer: Now, after the motion passes, I would like to say to you that
you go to the appropriate party, trash out your problems before you come back
here on the 28th, because if you don't, Mike, all you are going to be told by
this Commission is go back and talk to him.
Mayor Ferre: All right, there is a motion and a second. Motion by Plummer,
second by Gordon, that this matter be scheduled for hearing officially on
the 28th.
Mr. Plummer: Fine.
Mr. Simonhoff: That's for plat approval, is that correct?
Mr. Grassie: No, Sir.
Mayor Ferre: What is it on?
Mr. Grassie: I think that we can agree that he is going to be on the Agenda,
Mr. Mayor, whether or not it is an official hearing depends on whether or not
he has met the requirements that Mr. Grimm was trying to tell are in the Code.
If he has not met those requirements, then we are not going to have an official
hearing for him. But he can be in the Agenda, regardless, in some place, some-
where.
Rev. Gibson: Mr. Mayor, maybe I shouldn't say anything but I hope all parties
involved and responsible...Mr. Grassie, when you come back here on the 28th,
you give me, you know, Theodore Gibson, the assurance that all parties involved
have been duly notified and all this business gone through. For God's sake
don't let us get into the thing that we were in the other day; please, do you
understand what I mean? The people who live next door where he wants to do
Whitt he Wants to do dad the people who live the text door they ought to be told,
d again, the people of Coconut GtOVe are a peculiar animal, make sure that
they know, okay?
Mr. Simotthoff: This is something...this is different, this is R toning, this
got nothing to do with the job next door.
Rev. Gibson: I just want to make sure, ..look, you know, I'm going to be a
prophet one of these days.
Mr. Plummer: Well, and Father, let me tell you, also, do you remember the
little case down here in South Bayshore Drive? Now, Mr. Manager, you better
notify all parties that this thing is coming up for a public approval.
Mayor Ferre: Further discussion, a motion has been made and seconded with
the qualifications as stated into the record, is there further discussion
on this item, is not, call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 77-555
A MOTION REQUESTING THE CITY MANAGER TO SCHEDULE MR. MIKE
SIMONROFF FOR THE JULY 28, 1977 CITY COMMISSION AGENDA IN
CONNECTION WITH A PROJECT TO BE DEVELOPED ON MAIN HIGHWAY.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
SECOND READING ORDINANCE: AMEND ORDINANCE 8589; DELETE $900,619
FROM SALARY SAVINGS AND FROM DEPARTMENTAL
APPROPRIATIONS FOR SALARIES.
Mayor Ferre: We'll take up item No. 5 on the regular Agenda, on Second
Reading, it was moved by Vice Mayor Gibson and seconded by Mrs. Gordon
previously, is there any discussion on this item?
Rev. Gibson: Move.
Mrs. Gordon: Second.
Mayor Ferre: All right, it's been moved by Gibson seconded by Gordon,
further discussion, read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 8589, ADOPTED NOVEMBER 11,
1976, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR
1976-1977 BY AMENDING SECTIONS 1 ANI) 4 THEREOF; PROVIDING FOR
A DECREASE OF $900,679 IN CERTAIN APPROPRIATIONS AND REVENUES;
REPEALING ALLORDINANCES IN CONFLICT HEREWITH AND CONTAINING A
SEVERABILITY_ PEOVISION.,
-Passed'on its first reading by title at the meeting of June 21, 1977,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Gibson, seconded by Commissioner Gordon, the ordinance
Was thereupon given its second and final reading by title and passed and
adopted by the following vote;
ommissioner Rose ti tdoh
of inissiot et Maiiolo keboso
ettftistioner J. L. Plummer, Jr.
Vito MAyot (Rev.) Theodore R. Gibson'
Mayor Maurice A. Fette
NOES : Vote.
SAID ORDINANCE VAS DESIGNATED ORDINANCE NO. 8668
The City Attorney read the ordinance into the public tedotd and antioUhced
that copies were available to the members of the City Commission And to the
iublic.
SECCND READING ORDINANCE APPROPRIATE $2,710,050 FOR HEAVY EOUIPN6 T
SERVICE FACILITY TRUST AND AGENCY FUND.
AN ORDINANCE ENTITLED
AN ORDINANCE APPROPRIATING $2,710,050 FROM THE HEAVY EQUIPMENT
SERVICE FACILITY TRUST AND AGENCY FUND HACCOUNTEAVY UFOR
THE
NT SERVICEPPURPOSE
OF FUNDING THE CONSTRUCTION OF A CITY
FACILITY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT HEREWITH AND CONTAINING A SEVERABILITY
PROVISION.
Passed on its first reading by title at the meeting of June 21, 1977
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Gibsd on, the
ordinance
Was thereupon given its second and final reading by
tile adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8669
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.
10, SECOND READING ORDINANCE: APPROPRIATE $3,985,910 FOR DINNER KEY
EXPOSITION -TALL TRUST AND AGENCY FUND
ORDINANCE ENTITLED-
AN ORDINANCE APPROPRIATING $3,985,910 FROM THE DINNER
KEY
EXPOSITION HALL TRUST AND AGENCY FUND ACCOUNT FOR THE PURPOSE
OF FUNDING RENOVATIONS OF THEDINNEREKEYNS 0EXPOSIT10NON HALL;IN
REPEALING ALL ORDINANCES,
CONFLICT HEREWITH AND CONTAINING A SEVERABILITY CLAUSE.
?awed on its first reading by title at the meeting of June 21, 1977,
iU yap taken up for its second and final reading by title and advptiQn,
On motion of CoMMieaiohet Gibbon, bed -ended by Commissioner Reboso, the otdinance
vas theteupott given its Second and final feeding by title and passed and
adopted by the following vote:
AYES: a Co cTmissionet Rose Gordon
CoMmissiotier Manolo Reboso
Commissioner J. L. Plummet, Jt.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferte
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8670
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.
1., SECO1D READING ORDINANCE: AMEND SECTION 17-6, 17-18, 17-19, 17-113 AND
17-121 OF THE MIAMI CITY CODE -
„FIRE PROTECTION,"
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION," MORE PARTICULARLY
BY AMENDING SECTIONS 17-6, 17-18, 17-19, 17-113, and 17-121, WHICH
SECTIONS DEAL WITH THE AREAS OF FIRE ALARM AND FIRE DETECTION
SYSTEMS, INCLUDING INSPECTION, INSTALLATION AND TESTING; FURTHER
ESTABLISHING REQUIREMENTS FOR HORIZONTAL SEPARATION BETWEEN CORRIDORS,
ROOMS AND SPACES AND ALLOWING AN ALTERNATIVE METHOD OF COMPLYING WITH
SAID REQUIREMENTS FOR MULTI -RESIDENTIAL BUILDINGS LESS THAN FOUR STORIES
IN HEIGHT; FURTHER BY ADDING A REQUIREMENT THAT DOORS IN STAIRWAYS AND
OTHER VERTICAL SHAFTS SHALL BE SELF -CLOSING, CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 21, 1977,
it was taken up for its second and 9inal reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Reboso, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote: •
AYES: Commissioner Rose Gordon
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED'ORDINANCE NO. 8671
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.
12. SECS READING ORDINANCE: MEND SECTION 17 35, 17-36 arm 17-326 ,
CHAPTER 17, OF THE MIAMI CITY CODE
'BUILDING PERMITS,'
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION," MORE
PARTICULARLY BY AMENDING SECTIONS 17-35, 17-36, and 17-326,
DEALING WIT THE RESPONSIBILITY OF REVIEWING BUILDING PLANS
IN CONNECTION WITH PENDING BUILDING PERMITS IN AREAS OF LIFE
11,1 i A 1071
SAFETY SYSTEMS; AND ALSO DEALING WITH THE SUBJECT OF FALSE
EMERGENCY CALLS AND DELAYS IN REPORTING FIRES; AND ALSO
DELETING THEREFROM THE OPERATION FEE REQUIRED FOR A PLACE
OF ASSEMBLY;; WITH A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Passed on its first reading by
title at the meeting of June 21, 1977,
it was taken up for its second and final reading by title and adoption.
On motion of Commisssioner Plummer, seconded by Commissioner
Gibsot, atd thepassotdi-
tance was thereupon given its second and final reading by
d and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Manolo Reboso
Commissioner J. L. Plummer; Jr.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8672
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.
13. FIRST READING ORDINANCE: AMEND ORDINANCE No. 8589, E SECTION
1 AND 4;
INCREASE APPROPRIATIONS
$42,181.00.
Mayor Ferre:
On First Reading, take up item No. 10, the Manager recommends.
got to explain this to me. On the agenda it
Mr. Plummer: Somebody has speaks about 'resulting from the Ambulance Strike,' and then on the back-up
it speaks about electrical service.
Mr. Grassie: The background of this, Cothe�Iyiiaminer, Fireis that Departmentilentnassistance
Strike, quite a number cf monthsgo
to Dade County. We ran Dade County...
Mr. Plummer: Which is usual.
Mr. Grassie: ...and they, at that time, in principle agreed to repay us for
direct costs.
Rev. Gibson: I didn't hear that.
Mr. Grassie: In principle, at that time, they agreed to repay the Fire Depart-
ment for our direct costs in providing this assistanCettodo that, e Conty. It, oo
some time to negotiated but they are rfinally ag gto doof 4a t into the
repay us, and what this does is incorporate that payment
City's budget.
Mr. Plummer: And also paying it up.
Mr. Grassie: Now, the only thing that is done additionally is to allocate it
to a specific purpose because the Fire Department was running short on its
electrical account.
Mayor Ferre: All tight, it's been moved by Plummer, second by Gibson, read
the ordinance please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 8589, AS AMENDED, ADOPTED
NOVEMBER 11, 1976, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE
FISCAL YEAR 1976-1977 BY AMENDING
SECTIONS
1A AND
N APPROPRIATIONS;
PROVIDING FOR AN INCREASE OF $4 ,181
AND REVENUES FOR ELECTRICAL SERVICE COSTS AT FIRE DEPARTMENT
INSTALLATIONS WITH DAD�COUN�TYNGCONTA�ININDG �RE�EALERECEIVED
P�OVIR�SFQ
AS
REIMBURSEMENT FROM
AND A SEVERABILITY CLAUSE.
Was introduced by CoOmissiofter Plummet and seconded by Commissio et
Gibbon and passed oft its first reading by title by the following vote:
AYES: Cot aissioner Rose Gordon
Commissioner Manolo Reboso
Commissioner J.L. Plummet, Jr.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
14. FIRST READING ORDINANCE: Aram ORDINANCE No,8589, SEcTloNs 1 AND y,
INCREASE EXPENDITURES AND REVENUES $1,560,810
COUNTERCYCLICAL REVENUE SHARING PROGRAM.
Mayor Ferre: Take up No. 11, on First Reading, the Manager recommends.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves item No. 11, is there a second?
Mr. Plummer: I withdraw the motion, due to the lack of interest today it
been cancelled.
Mayor Ferre: Does anybody wish to second item No. 11?
Mrs. Gordon: I'll second it.
Mayor Ferre: A11 right, moved by Plummer seconded by Mrs. Gordon.
Mr. Grassie: by way of information, Mr. Mayor, this would allow the City to
receive into its budget --what you are doing is amending the City's budget --
allowing it to receive an additional $1.560,000 which is an increase in the
amount of money we expect from the counter -cyclical payments.
Mayor Ferre: All right, it's been moved and duly seconded, is there further
discussion, the Manager recommends, read:the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 8589, AS AMENDED, ADOPTED
NOVEMBER 11, 1976, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL
YEAR 1976-1977, BY AMENDING SECTIONS..1 AND 4 THEREOF; PROVIDING
FOR AN INCREASE OF CERTAIN EXPENDITURES AND REVENUES IN THE AMOUNT
OF $1,560,810 TO OFFSET CURRENT AND FUTURE EXPENDITURES FOR WHICH
SUFFICIENT APPROPRIATIONS DID NOT EXIST; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Gordon and passed on its first reading by title by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Manolo Reboso
Commissioner J.L. Plummer, Jr.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
Mayor Ferre: Yes, and let the record reflect our gratitude to both the Congress
and to Mr. Mark Israel, our man in Washington, who has done such a diligent job
in pursuing this in the interest of the citizens of Miami.
J U L 14197
FIRST READING
Mut DINANCE 8589, SEci1oNs LAND 4, INCREASE
APPROPRIATIoNs AND REVENUES .$1200 000 FED
REVENUE SHARING FUNDs FOR S11 T LI GFITING FROGRAM.
AN ORDNANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 8589, ADOPTED NOVEMBER 11, 1976,
THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR 1976=1977,
BY AMENDING SECTIONS 1 AND 4 THEREOF; PROVIDING FOR AN INCREASE OF
THE
PRESENCE
z$1,200,000 PREVIOUSLY APPROPRIATED CERTAIN APPROPRIATIONS FROM FEDERALVENUES TO TREVENJE
PRESENCE OF $1, ,
SHARING FUNDS FOR THE STREET LIGHTING PROGRAM; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
er and seconded by Commissioner
Commissioner Plummer Was introduced by Gibson and passed on its first reading by title by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Manolo Reboso
Commissioner J.L. Plummer, Jr.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public recordCaandd ommission
announced that copies were available to the members of the City
and to the public.
ON ROLL CALL:
Mayor Ferret Yes, and in voting yes I would again like to thank Mark Israel
for the good job he has done, these monies will go the street lighting program
which should be of great benefit to all the citizens of Miami and I vote yes
on this item.
16. DISCUSSION AND
DEFERRAL OF CREATION OF DEPARTMENT OF TRADE AND COMMERCE
PROMOTION,
Mayor Ferre: Commissioner Reboso moves Item No.13, is there a second?
Manager recommends.
Mr. Plummer: Ask twice more.
Mayor Ferre: Is there a second to item No. 13 on first reading?
Mrs. Gordon: I have a question on that. Are you going to have to
any more Directors, Managers, you know..?
Mr. Plummer: Ask a third time for a second.
Mr, Grassie: Commissioner, can I answer?
Mr, Plummer: Well, I think discussion is out of order.
Mayor Ferre: For the purposes of discussion is there a second?
Mr. Plummer: That's the third time, the motion dies...
Mayor Ferre: I will transfer the gavel toll FatherrGil on and on nd I will seco dit's
the motion for purposes of discussion.
open for discussion
Rev. Gibson: Al]. right, are there any questions?
Grassie; If I understood Commissioner Gordon's question, 1 think what
she was approaching was the question of whether or not we were talking about
unfunded positions or possibly you were going to aslt where the money was coming,
from, This proposed Department has been fundedfor
s Teitime
i ee�r oom CDmonies
$200,000 Second Year CD money, $45,000 was appropriat__..-, i
have been appropriated and in order to make use of that appropriation, to
put .that program into practice we have to have a department to do it, so What
this does is create in the ordinance the department which would be made ef-
fective through the use of that CD money.
Rev. Gibson: Mr. Mayor, I want to raise a question and this isn't the time
to raise it but since I found out the best time to raise questions if you
can't get answers and responses from, is when you hit in people's pocket
books. You know, we talk about Affirmative Action and all of this jazz.
Now, Mr. Mayor and members of this Commission I'm seriously concerned about
Affirmative Action in the City of Miami. If you are going to create another
Department I want to make doggone sure.before I vote of what the philosophy
is going to be and hiring policy for this Department. So you tell me before
I vote, otherwise I ain't voting today.
Mrs. Gordon: Wouldn't this be a part...a logical part of the Publicity Depart-
ment?
Mr. Grassie: No.
Rev. Gibson: Would you want to elaborate.
Mr. Grassie: Well, the City Commission over a period of several years has
apparently had the policy of promoting economic development. One of the things
that you did to show that concern was to make appropriations in the CD program.
This has been rather slow in getting implemented. We are now trying to carry
out the intention expressed by the City Commission in making those appropriations.
Now, if what the City Commission is saying indirectly is that you are not in-
terested in this, you know, we can simply forget it.
Rev. Gibson: I'm interested, but I'm interested in the policy that is going
to be established by way of employment.
Mayor Ferre: Well, state the policy into the record.
Rev. Gibson: And I want to make sure that we are dealing with Affirmative
Action, and I want to go across the board in hiring white, black folk and
Latins, that's what I'm talking about.
Mr. Grassie: Well, let's think about the City's policy, Commissioner. You
may know that the City is under the terms of the Consent Decree now; we are
in the final phases of reaching agreement, we hope, with the Justice Depart-
ment regarding the ways in which that Consent Decree is going to be implemented.
As soon as that draft agreement has been reached between the City Attorney's of-
fice and the Justice Department representatives, it will come to the City Com-
mission. In the meantime, lacking that, we are still trying to achieve the '14
intent of the City's Affirmative Action Plan in addition to the specific require
wants of the Consent Decree. Now, that's not something that comes and goes, it's
not something that is topical or peculiar to this one Department, that is true
of all City Departments and we have a major...as a matter of fact, the single
most important activity within the Human Resources Department is to get that
Decree implemented because it's a.legal obligation of the City and, of course,
it would affect anyone,.any positions, that are covered by this Department that
we are talking about.
Rev. Gibson: Mr. Mayor, members of the Commission, I want to make it crystal
clear what I'm talking about because, you know, I ain't seeing that around
here, I ain't seeing it around here.
Mrs. Gordon: How many employees will this Department have Mr. Grassie?
Mr. Grassie: I would estimate four.
Mr. Plummer: May I offer a motion at this time that this item be deferred
based upon the fact that inadequate information has been provided as back-up,
I have nothing here telling me, haw many people, how much it's going to cost
and I just...you know, I find it very difficult, this morning we spoke about
the fact that we are e1imj*+ating people but we are putting on more.chiefs and
we are eliminating indians, and the reason we are eliminating indians is because
of financial problems and we are faced with the fact that we are going to split
Parks and Recreations into two individual Departments. It's my honest opinion
that we ought to have less departments not more, and I just until something can
be handed to me other than what I have here in my portfolio I would have to vote
against it, and that vote against it would be based on the premises of 'not
54
J U L 14197
tuffitiettt infottation, so 1 11 offet a Viotion to defet.
Mayor Vette: All tight' we have a substitute motion on the floor.
Mr. Plummer: No, Sit, it's not substitute, it's a motion to defers
Hrs. Gordon: He's asking that the previous motion be tabled.
Mr, Plummer: Okay, I'll ask that.
Mayor Ferre: All right, a motion to table goes without discussion,
a second to the motion.
Ctrs. Gordon: I don't think you need a second but I'll second it.
Mayor Ferre: All right, there is a motion to table, without further discussion,
call the roll on the motion to table.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 77-556
A MOTION TO DEFER CONSIDERATION OF A PROPOSED ORDINANCE CREATING
THE DEPARTMENT OF TRADE AND COMMERCE PROMOTION UNTIL JULY 28, 1977
AND REQUESTING THE CITY MANAGER TO FURNISH ADDITIONAL INFORMATION
TO THE CITY COMMISSION AS TO STAFFING AND PROPOSED EXPENDITURES.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Mayor Maurice A. Ferre
NOES:
ON ROLL CALL:
Mr. Reboso: In voting no I want to say that this Department
crease the City's tax pay which I think is needed.
Mr. Ongie: Gibson.
Rev. Gibson: I'm going to move with the motion.
Mr. Ongie: This is to defer.
Rev. Gibson: Until they put it all in the table because I have very little
confidence in doing it afterwards.
Mr. Ongie: Mayor Ferre.
Mayor Ferre: I vote no on the motion for the same reason as expressed by
Commissioner Reboso. I think it's a bad mistake for us not to proceed, I
think it is going to greatly jeopardize the Trade Fair of the Americas; I
think it has been carefully thought out; I think the City Manager's recom-
mendation is appropriate; I think Mr. Crumption's recommendation is appro-
priate, I think this puts us one step behind and I think it's a very sad
mistake not to proceed after we've come so very far over so many difficult
trials that we've overcome for the set -back that comes directly from within
the City of Miami is indeed a very said blow to the Trade Fair which we wish
to have in March of 1978, which is just around the corner and I think this is
a very sad moment for all of us and I vote no. The motion is carried.
Mr. Plummer; May 1 make a request? When this item comes back up. off of the
table that the only one other than the City of Miami that has a special taxing
authority is the Downtown Development Authority, DEVELOPMENT Authority, and
they have 1 mill which they can tax, and for the life of me, until I'm proven
wrong 1 can't understand why this Development Authority Downtown or elsewhere
shouldn't be doing this kind of work. Now, all I'm asking is, when you come back
with this, that you come back in such a manner as to telling me that what the
Development Authority is doing or not doing coincides or doesn't coincide With
this. I don't mean to prolong it today.
Rev. Gibson: And Mr. Mayor, just so that everybody understands. I've been
patient and waited.long, I want my position clarified and I want an answer.
Mayor Ferre: Mr. Manager, do you want to address yourself to the statements
that have been made here?
Mr. Plummer: We've both requested, Mr. Mayor, that when he comes back these
items be discussed.
Mayor Ferre: Any further discussion, Mr. Grassie, at this time?
Mr. Grassie: Well, I'd be happy to answer, Mr. Mayor, unless the City Com-
mission prefer that we do it at some other time.
Mayor Ferre: Well, if you have an answer 1 think you should profer the answer
to answer the points that have been raised here.
Mr. Grassie: Well, on Commissioner's Plummer question, Mr. Mayor, the Downtown
Development Authority, as you know, is a special taxing district which levies
ad valorem taxes against people who pay for a service that only applies to the
downtown area, they pay for the service they get; but we are talking about a
development department for the City, of course, is a City-wide effort. We are
talking about funding it out of CD monies, Community Development monies, on a
0 City-wide basis. Now, the philosophy between those two things is very different.
The merchants and property owners downtown fund things that of specific interest
to them. They are not talking about doing the kind of thing that we are attempt-
ing to fund, this Department, which really has an impact City-wide and is prin-
cipally designed to help the City get into the International Trade business to
become a financial center on an international basis, to help us as a medical
center on an international basis to establish us as in the tourist industry even
more strongly than we are now, to help our local industry, this is the kind of
thing that would be dealt with by this Department.
Mayor Ferre: All right, Mr. Manager, because of the severe economic problems
that this community is beset by and due to the fact that tourism is sadly lagging
and due to the fact that this is such a necessary measure and, in my opinion, it
is an emergency at this point. I would like to profferto this Commission, Father
Gibson, an amended No. 13 with the following amendment, that this item be ap-
proved conditioned upon...
Mrs. Gordon: It's to table, Mx. Mayor.
Mayor Ferre: Yes, but this is..I'm changing it, so if I get a second then per-
haps it will pass,.if it doesn't, it doesn't. I'm changing it, I am saying -
the ordinance conditioned upon Affirmative Action provisions to be incorporated
into the ordinance as a preamble and that before any action is taken or any
expenditures are made or any appointment of any personnel, that this matter be
brought back to this Commission for its final approval in both the individuals
that are going to be appointed and.the monies to be expended; and under those
conditions then it would come normally back to the Commission, and I so move.
Mrs. Gordon: Mr. Mayor, perhaps Father Gibson's only concern apparently you
thought was with Affirmative Action, mine is also in the area of the money
which I want to know if any money will be coming from the General Fund, and I
realize that you said CD funds are your prime source of revenue, or..only, but
I want to know that more completely, so it was tabled as I understood it, not
for an immediate action but tabled to the next meeting, I assume, that's what
Commissioner Plummer had in mind.
Mr. Plummer: If they can supply us with the information by then, fine.
Rev. Gibson: Mr. Mayor, I have no objection in endorsing the proposition and
I want the Affirmative Action and I want that business laid before me. I'm
with that, because I'm for the trade and all that business but I don't want
anybody to believe that every time we come up here to spend money everybody
is in the part but black folk, that's what I'm saying and I want to make that
crystal clear today because I see that if I don't do nobody else is going to
do It, _so I'll support your change if you have no problem with me,
of
56
JUL 141977
Mayor Ferret Father ',proffered that motion in the best interests of this
toimbunity with the hopes that by putting that amendment on that it will
tatiafy your request, which is our request, I think, and therefore the Manager
would therefore be forced to bring this back to us in the future with specific
tecotmaeedations that would incorporate Affirmative Action and would speak to
the economic problem. I think that if we do that we are properly safeguarded
the reason I recommend that we move this way is to save another week, f think
to postpone it for another week is just to lose a very valuable week in .a very
important item, and I so move.
Mr. Plummer: It's out of order.
Mr. Knox: Excuse me, Mr. Mayor, is this a motion of intent or is this a motion
to amend the proposed ordinance. If it's a motion to amend the ordinance then
it would probably be in order to move to remove it from the table, and then
move the amendment.
Mayor Ferre: All right, then I would follow your parliamentary advice on the
process and my motion then would be a motion first to remove this item from
being tabled and then I would offer a second motion amending it as I've stated
a second ago. So I first move that this item be removed from the table and
brought up for consideration. An item to table can be brought up at any time
and an item to reconsider the item to be tabled can also be brought up by any
member of a legislative body.
Mr. Plummer: You are not on the prevailing side?
Mayor Ferre: On an item to table you don't need to be an the prevailing side,
just like you don't need a second to the motion.
Mr. Plummer: Okay, go ahead, I can see the handwriting on the wall.
Mayor Ferre: A11 right, it's been moved and seconded, I call the question.
Rev. Gibson: All right.
Mr. Ongie: This is to remove it from being tabled.
Mayor Ferre: That's correct.
ON ROLL CALL TUE VOTES WERE AS FOLLOWS:
AYES: Mayor Maurice A. Ferre
Commissioner Manolo Reboso
Vice Mayor (Rev.) Theodore R. Gibson
NOES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Ferre: All right, I move you, Sir, now that the item is again before
us that this matter be moved on first reading, that the ordinance be amended
so that there will be a preamble to it, that before anybody is appointed or
any monies are expended that the Manager be instructed to bring this matter
before this Commission for final approval as to the appointments and to the
monies to be expended provided, of course, that it passes on first and second
reading.
Mr. Plummier: Can't do that, you can't do that. What you can't do through
the front door you can't do through the back. What you are in fact saying to
the Manager is, Mr. Manager, you are not going to make the appointment, the
Charter says he has got the appointment.
Mayor Ferre: No, Sir, I'm not saying that at all, what I'm saying is, Mr.
Manager, you make the appointments subject to Affirmative Action, and once
you've made your appointments bring them up to this Commission for final ap-
proval and I think that that can be done, we are not telling him who to appoint.
The Manager is going to make the appointments and then notify us who he has
appointed and how much monies are going to be expended.
Mr. Plummer: Instead of a 500 pound hammer, you've got a 250 pounds hammer.
Mx. Knox, is that legal?
Mr, Knox: The problem may be that as of now, we have not arrived at the point
of the question as to what would happen if the Committee did not approve of the
appointment. The answer to that is premature.
Mayor Ferre: So where do we stand?
Mr. Plummer: Same as the question, 'premature.'
Mr. Grassie: It really depends, fir. Mayor, on the last word that you used.
If the appointment is to be made and then you want me to tell you what it is
you know, that's within the bounds of the Charter. If what you want to do
is for me to bring the appointment here for you to give the final approval
that is not.
Rev. Gibson: Mr. Mayor, let me tell you what I have in mind. A11 of the
appointments the Manager has made during the time he has been here, has been...
I want the Manager to hear this Plummer, has been exclusive of black folks. Just
about. I.want to make sure now that we all understand that we are dealing with
Affirmative Action because the Manager is not attuned at all to the sociological
problems of this community and I speak to that issue and about it with a great
deal of passion and concern. The Manager told you that we were dealing with
another matter,..with those Sanitation workers about his attitude, and I haven't
forgotten. I promised him and I promised God and.I promised the people of this
community that I wasn't going to forget it, and I want him to know right.here
and now that I haven't forgotten it and I want to show that I haven't forgotten.
And I believe that this Commission has the responsibility, the affirmative res-
ponsibility of saying to the Manager, this is the policy of this Commission.
The Manager acts as if he doesn't have to give a damn about us, and I mean, any-
body who knows this sees it the way it is, if we are in Affirmative Action and
all of that, know that Affirmative Action has laid dead all this time and nobody
has said a word, and I thought I better bring it up now.
Mayor Ferre: With that as a preamble, the die is cast and let us start the
Rubicon.
Rev. Gibson: All right, I'm ready to go. •
Mr. Plummer: Are we still under discussion?
Mrs. Gordon: We ought to be.
Rev. Gibson: I hope we are. I know one thing, you are getting that Federal
Government money and you damn sure told them that you were going to deal with
Affirmative Action, which you haven't been doing.
Mr. Plummer: I want to discuss the issue at hand, Father, that's the motion,
item No. 13. Mr. Mayor I find it extremely..no, not extremely hard, impossible
to believe that we as Commissioners are being asked to vote on an item without
even a dollar figure of cost being attached. I don't know how much this item
is going to cost. There is nothing in this item which is a back-up, I don't
know what it really is going to accomplish and I think that I and the rest of
you should demand to have those answers before you vote.
Mayor Ferre: And so we shall since it is a part of the motion as made.
Mr. Plummer: Then don't bring it up now.
Mayor Ferre: May I repeat that the motion specifically states and speaks to
that issue by stating that the Manager would be precluded from making any ac-
tion until such time as he comes before us to approve the amounts of money that
would be expended. He's already told you that he is getting the $245,000 from
CD funds.
Mr. Plummer: Mr. Mayor, I heard from a former Manager the same thing when we
had to pick up $286,000 of public police aides. When the program ran out the
program was so good we had to continue it. Now, all I'm saying to you is,
that don't find yourselves in the same box. Let's know before we jump in.
Mayor Ferre: Are we precluded or are we allowed to vote on this item, Mr.Knox?
Mr. Knox: All right the item has been removed from the table, there has been
an amendment proposed to the ordinance and you can vote upon the ordinance at
this time, alternatively having made the motion concerning the amendment the
matter could be tabled until a future time when it would be presented with
the amendment and the desired information.
Mayor Ferre: So your recommendation is that we go back to the posture of
tabling this item? .
58 JUL 141977
1
MI. Knox: Approve the motion and then +abl€: the item and at the appropriate
tithe an ordinance would be presented which would incorporate the subject
Matter of this motion.
Mayor Ferre: In other words then, what we do is vote for the motion that we
are in favor of and immediately after the vote then ask for another motion
to table the item until the proper ordinance can be prepared, is that correct?
Mayor Ferre: All right, under that advice from the City Attorney I would then
request that this matter be moved in the motion that has been made.
Mrs. Gordon: In effect, Mr. Mayor, what you are saying is that you are in
accord with the creation of another department providing that it incorporates
the Affirmative Action posture that Father Gibson has requested, is that
correct?
Mayor Ferre: That's correct and that the matter be brought back for final con-
sideration before this legislative body.
Mrs. Gordon: Well, it would have to come back because it is not in the form
that can be approved.
Mayor Ferre: It has to come back 3 times, it has to come back first.of_all for
first reading as an ordinance, the.i it has to come back for second reading, and
then it would have to come back for final approval on the expenditures, so that's
3 times.
Mrs. Gordon: I can't understand, and maybe Mr. Grassie can make it so that I
can understand why do we have to have another department and why Mr. Grassie
cannot incorporate the functions of what is being outlined here today under his
already existing structure? He has a pretty extensive structure, Managers, and
Assistant Managers, and Department Heads and Assistant Department Heads and
everything else and I don't know why he needs another department on top of this.
I'm particularly sensitive to this because of what you said this morning, that
we are in a deficit position of over $7 million, I just don't understand that.
Mr. Grassie: If administratively your suggestion made sense Commissioner, we
would have adopted that. I indicated to you that the monies are coming from
CD sources and they ►ave no impact one way or another on the $7.5 million that
we talked about this morni.,j.
Mrs. Gordon: But if I'm not miste:en these CD funds are CD funds that could be
used for exactly that other very critical areas of the City that are in need
/1 of great deal of attention such as we heard this morning when we were listening
to the item on Culmer.
Mr. Grassie: Commissioner, it is not my suggestion that you use the money this
way, this is your policy; what I'm trying to do is to implement it. If you do
not wish to implement it, simply say so, you know, that's all right.
Mrs. Gordon: I wish not, but that doesn't mean anything, I'm only 20%.
Mr. Grassie: I would like to make one additional comment if I could,Mr. Mayor,
and this is directed towards Commissioner Gibson's remarks. I think that it is
becoming more and more evident that we very soon need to have a workshop session
with the City Commission on Affirmative Action and the Consent Decree. I find
it personally offensive to hear the kinds of remarks that Commissioner Gibson
used, but I guess I'm more concerned that there is apparently a great deal of
lack of understanding of what the City is actually accomplishing in this field.
I think it is important that we do know that and I would like to suggest if I
could have, at least an hour and a half of your time, as a body, that we sit
down and review exactly what the administration is doing, what the City is doing,
what it is doing in conjunction with the Justice Department and we, at least,
start from a foundation of fact when we talk about these things. I'd like to
do this soon if we could.
Rev. Gibson: Mr. Mayor, I'd like to respond. It's a pity we didn't do it before
those promotions took place. It's a pity we didn't do it before this hiring
took place and maybe, maybe, maybe the other members of the Commission may
help to the Manager into the sociological problems of this City. You
remember what you said when the Sanitation Workers were involved. You were not
Interested in those things. I told you.that you missed the purpose for which
you had been employed in this City at the time you were employed, and I'm not
going to._let you forget it. 1 welcome that hour and a half, and I want you
to brfng the charts and numbers and names and color, and don't come giving me
.... _ A APOOPS w
stony about minorities because Latins get to be minorities, you know, 1 under, -
stand that. And you know, I've sat up here and my cup is running over, because
I know you all think I'm a fool, but I can read and write, that's one of the
things, my mother is dead and gone to her grave, went there in February and
I thank God that she saw to.it that I went to school and I rejoice daily that
I had sense enoughLto go and I'm just sick and tired that again...and the way
the thing is played, And I think that if you are going to deal with Affirmative
Action, man, deal with it, you know what I told you in private and I'm prepared
to say in public and I don't have any enmity towards anybody and I just get sick
and tired when people continue to play me for a fool. I accept the hour and a
half now, I'll come tomorrow if you say so, if you can get the material, or any
other day, it could be in August, I don't,care, I don't need to go in vacation,
that's just the way I feel, and I would like for you to do it before I leave
before November, so that if I'm not back at least I will have accomplished that
much.
Mr. Plummer: Mr. Mayor, since we are laying everything on top of the table,
let me just make one point. Mr. Knox, I don't know if this is going to rub you
wrong but if it does it did me. I am a little sick and tired of reading in the
newspapers what's happening in this City. There was an article in the paper
which you had your picture in about certain things that this City was going to
do with reference to Affirmative Action and I don't find any problem with what
you said, the only problem I find is that I read it first in the newspaper and
not on my desk. I'll leave it at that.
Mr. Knox: I haven't seen my picture lately. Which newspaper, Mr. Plummer?
�► Mr. Plummer: The Miami -Herald. You made comments in the newspapers about blacks,
and I'm not arguing the point, that blacks were going to be hired over whites in A
promotion.
Ms. Knox: No, you see, Mr. Plummer, what happened was this...
Mr. Plummer: You didn't make those comments to the paper?
Mr. Knox: No, I...
Mr. Plummer: You didn't make comments that for...the sake of appeasing the
Justice Department that there were going to be blacks appointed over whites
regardless of what Civil Service said? You didn't read that article in
yesterday's paper.
Mr. Knox: Yes, I read it but I don't think that's what, number one, that's
not what I said...
Mr. Plummer: Maybe I'll stand corrected, but what I'm saying is I didn't
hear from you where it belongs, on my desk. I read about it in the paper
and I'm getting a little tired of that.
Mr. Knox: Let me put this this way Mr. Plummer. I made no comments to anybody
at any time, about anything that was not contained on the face within the four
corners of the Consent Decree that was signed on March 29th by Judge Eaton. Now,
newspaper reporters had access to that because it's a public record. Now, if
I'm asked a question about what a provision means, then as long as there is a
spirit of cooperation with the newspapers then I feel constrained to answer
that question. Now, the question put to me was whether or not the so-called
Register that exists and has been established within the Civil Service System
would determine what individuals get promoted. The Consent Decree specifically
requires that considerations other than the score in an examination would
determine whether or not an individual got promoted until such time as the
City of Miami had achieved its objective with respect to Affirmative Action.
Now, they are here...the proposed Memoranda of Agreement which does nothing
more than evidence the City of Miami and the Justice Department's interpreta-
tion of the words that are used in the Consent Decree that I am on my way to
Washington to have the Justice Department finally approve it. Now, copies of
these proposed documents are in the hands of the City Attorney's office, in
the hands of the United States Justice Department and in the hands of the at-
torneys who represent everybody who is involved in the litigation.
Mr. Plummer: Now, what about the important people, your bosses?
Mr. Knox: Now, my bosses they should have gotten a copy of the proposed agree-
vent but at this point it la a matter between lawyers.
60 JUL 14 9 7
t'lu�nett ,' ielli 1. hope. th
As to he kept atiorig the well
Mayor Ferret Abet
Mr. tluMmer
Mayor Verret 'Well,
V., 'Gibson: I'd like for
tot going to let it drop r,
lest tometit, I'd like for,hits to
it mitid, so that I don't plan a.
that hour and a half. 1f I ' know
a death I will plan for it not. 4
Mr, Grassie: Would 10:30 A,M..
mission?
Mayor Ferret No,
Mr. Plummer:
Mr., Grassie
Mayor Ferre:
Mr. Grassie: I was
Mayor Ferret We I-1 eat
lunch hour.
Plummer:
Mr. Grassie:
Mayor Terre 11.30 A.M.
to say in one Hour ace' a
Why, don '.t:we t:ave
Well ,:wt. s.
Well,
Why no
Is
Mr.. Plummer: That's
Mr. Grassie: We said 11:30
Mayor Ferre: Yes.
Mr. Grassie: 11:30 A.M on th de before us. Father, you'
arechairing or aere:
A11 right. Now, Ore have: a..motion ma
this item and 1, �de'a-mention.-and Rri oso htewit condeyout as I recall,
axe
and I'd like now to call the question if it s allg
ON ROLL CALL THE VQ' E III CAST AS 'FOLLOWS
AYES: Mayor Maurice A. Fetre
Commissioner Mano10 Reboso
Vice Mayor (Rev.) Theodore R
Commissioner Rose Gordon
i0$S; Jr.
Commissioner J. L. Plummer,
Mayor Fexxe; All right, uow ac.cording to the City
Attorney': instructions, at.
this point I have to make a motio;r to table this item....uo?
,.,Well, that
d 3 to 2, so it's a motion of intentandnow 0x it isatt that be ttabled
des-
Pottha pyoue ordinance, is that
�o that you will bring ,t���
stagy? unless it is btcought
tabled indefinitely
'„ Knox: We71., l-f you table i.t th�Y� i.t'&
if you defer it to a date certain then it will.
ll
automatically br brought up
up by notion from t1iecmu�.s�t:os� future tneetiug•
t PO
er
op
l'
et<:re: Then what we w€Lnt to do is to defer met ie your hatei ' preference,
brought up
Ott the .. the 7$th" ...t�tr . Manager, 1:1e 2i�t?...�3 h�
that t,will be ho prii i .i g
a -great .failitg l have:
e stttt talking atiotit the 1fA
hare.:arid other conmet'lt?
to suggest that hour and a half, I+
pnt' .wnnt it be sprung upon the at the
right tow what hour and a half he has
]._along the days that you want to have
t in advance I'll make sure that '.if there is
intetfete with that hour and a half.
St be a'good time for the City Coln-
oser.,to the 2:00 o'clock agenda.
we'll have an early lunch.
eeti.ng at' 1:00 o'clock.
t�k . of tier o Le at 11:10 A.M.
t:ct provide you with a lunch hour.
tl.iert y ou . can provide us lunch instead of a,
the'21st: ll tl{1 L.M.?
xr 't30 A,M. ? ..What; do you want to do?
bet
1
le=
Mt, Orassie: I would thitik that pie ought to btisg it up the 28th then,
Mt. Mayor.
Mayor Ferre: I move you, Sir, that this item be deferred until the 28th day
Of July. Father, you've got a motion and a second.
Rev. Gibson: All right, any discussion, call the toll, please.
The following motion was introduced by Commissioner Mayor Ferre, who moved its
adoption.
MOTION NO. 77-556
A MOTION TO DEFER CONSIDERATION OF A PROPOSED ORDINANCE CREATING
THE DEPARTMENT OF TRADE AND COMMERCE PROMOTION UNTIL JULY 28, 197/
AND REQUESTING THE CITY MANAGER TO FURNISH ADDITIONAL INFORMATION
TO THE CITY COMMISSION AS TO STAFFING AND PROPOSED EXPENDITURES.
Upon being seconded by Commissioner Rebos , the motion was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
(COMMISSIONER REBOSO LEAVES THE ROOM)
17. FIRST READING ORDINANCE: AMEND CHAPTER 30 "LICENSES," ARTICLE III,
SCHEDULE OF LICENSES TAXES, SECTION 30-28 OF
THE CITY CODE BY ADDING "PROFESSIONAL CORPORATIONS "
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 30, "LICENSES", ARTICLE III,
"SCHEDULE OF LICENSE TAXES," SEC. 30-28, THE CODE OF THE CITY
OF MIAMI, FLORIDA, BY ADDING "PROFESSIONAL CORPORATIONS" (INCLUDING
BUT NOT LIMITED TO CORPORATIONS DEFINED IN CHAPTER 621, FLORIDA
STATUTES) TO THE "SCHEDULE OF LICENSE TAXES" AND PROVIDING THAT
A SEPARATE LICENSE MUST BE OBTAINED FOR A "PROFESSIONAL CORPORATION"
IN THE AMOUNT OF FORTY-SEVEN DOLLARS ($47.00) REGARDLESS OF ANY
LICENSE REQUIRED OF ITS OFFICERS, EMPLOYEES, AGENTS, OR SHAREHOLDERS;
PROVIDING A PENALTY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING
A SEVERABILITY PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner
Gibson and passed on its first reading by title by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J.L. Plummer, Jr.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Manolo Reboso.
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.
113i FIRST READING ORDINANCE: ESTABLISH 2-YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT - PLANNING, DOWNTOWN MIXED USE COMPLEX
TRusT AND AGENCY FUND•
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING THE SECOND YEAR COMMUNITY DEVELO ENT
BLOCK GRANT T-- PLANNING, DOWNTOWN NIXED USE COMPLEX- TRUST AND
AGENC'' FUND ACCOUNT; PROVIDING FOR REVENUES T EREIN FROM A fTOERAL
JUL 1, 41977
Was introduced by. Comm
Gibson and passed on its ftrat read
AYES: Comni.ssioc►er Rose Gordon
dEANT IN flat AiioIMT or 00 AND MAKING AprRbbRtAt1ONS THEREMO
/N A CORRESPONDING AMOUNT; ` HER AUTIORIZtNG THE CIY MANAdtk
TO _EXECUTE AN AGREEMENT WITH 4fARI DADE DoWNTOWN NtW NOS CENTER
CAMPts FOR PLANNING AND DEVELOPRENT bF A MIXEii USE DEVELOPMENT ON
RLocKs I9, 99, AND 78 IN DOWNTOWN MUM/ AT A COST OF $5,060, RE-
PEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN 0°M `LICT
HEREWITH; CONTAINING A SE•VERABILtTY PROVISION.
1urmner and seconded by CcStamissionet
ng by title by the fall:witng vote.
rt1
ke
Commissioner J 1.,: P :tanner, Jir.
Vice Mayor ,CRev,) dore, R. Gibson
Mayor Maurice A.,'Icr re
NOES: _.. None.
ABSENT: Commmissioner Manoi.ct
The City Attorney read the ordinance into the public tecotrd and
announced that copies were avail ble` to the members of the City Cofli SSion
Aid to the public..
19. FItS1' READING OPD1 f
:STA1LISH 2-YR, CC> JNITY D L.OP, BLOCK Garr'
PLANNING 1Y1.1; HOSP. & 7 tZE Cr rY MAR,
o _ER TNT( T, wr ri p�_ NTY, IC HEALTH
C�
U E CTY A D UN IV. [A. EDI CAL HOO
AN ORDINANCE' ENTITLE':
AN ORDINANCE. b S'"M Li SNING %'Y'IIE SECOND YEAR COMMUNITY DEVELOPMENT
BLOCK GRAN' i'1 $ J <G .3ACKSOW HOSPITAL COMPLEX - TRUST AND
AGENCY. FUND ACCOUt+T . i tw IDING FOR REVENUES THEREIN FROM A FEDERAL
:GRANT IN THE AMOUNT U $1O,•O00 AND MAKING APPROPRIATIONS THEREFROM
Ir. A GORRT SPO N 11NGA OONT; FLIRT iER AUTHORIZING THE CITY MANAGER TO
ENTER 'T:NTO AN AC= F.M SENT WL'I DADE COUNTY, THE PUBLIC HEALTH TRUST
OF .DADE COiTN'T�"" 'AND TILE INIVERSITY OF MIAMI MEDICAL SCHOOL FOR
THE PUR.PCSESE URIN( QUALIFIED CONSULTANT SERVICES IN PREPARA-
TION FOR A GW:Tr APPLICATION IN, CONNECTION WITH THE FEDERAL URBAN
HDEVELOPMENT ACTION, (RANT ACTION PROGRAM.
Was introduced by Cc,unuit;sione.i` I'iuimner and seconded by Commissioner
;Gordon and passed on its first. reedit-4 by title by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J.L. Piuir, ner, Jr.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A• Terre
NOES: None.
ABC mmi i re r Hanoi() Beboso
SENT: o sso
The City Attorney read the ordinance into the public record and
announced that copies were vaiiab1e to the members of the City Commission
and to the public.
M. FIRST HEADING 51DINANCE
ESTABLISH 2ND YR. COMMUNITY DEVELOPMENT BLACK GRANT -
PLANNING RIVERFRONT COMPLEX- WITHRAGENCY FUND
WALLACE G�
Acco NTi IZE AGREEMENT
3ERTS & ODD.
AN ORDINANCE ESTABLISHING THE SECOND YEAR COMMUNITY DEVELOPMENT
BLOCK (RANI - PLANNING, , RIVERFRONT COMPLEX - TRUST AND AGENCY
FUND ACCOUNT, PROVIDING FOR REVENUES THEREIN FROM A FEDERAL GRANT
IN THE AMOUNT OF $4O;OOO :AND MAKING APPROPRIATIONS THEREFROM IN A
CORRESPONDING AMOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO
+CUTR THE ATTACHED AGREEMENTAGREEMENTWITH CONSULTANT WALLACE, MCHARG,
goBERT'S & TOAD/ECONOMIC RESEARCH ASSOCIATES. FOR CONSULTANT
SERVICES IN CONNECTION WITH THE RIVERPRONT DEVELOPMENT PROJECT
AT. A COST OF $40, 000; REPEALING ALL. ORDINANCES OR FARTS OF QRDI,-
NANCE$ IN coNYI,,ICT iEREWITH AND CONTAINING A SEVERABILITY PKOVISIQW,
t p4uCed
Drier . Prier And seconded by COmmiSamneT
RR
rddt ,mac passed on its first reading by title by the foliowit Vat
t: COtaftissionet Rose Gotdot
Commissioner d.L• Plummet, 3t.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: Notes. Cit.
ABSENT: Commissioner Manolo Reboso ublic rect�td tad
The City Attorney read the ordinance into the p C6t�3g§i2lt
announced that copies were available to the taembets of the y
and to the public.
ON ROLL GALL:_.
Mayor Ferree All right,
I have a question, did the 5-petson eo nmittee Vote
unanimously in this election?
Mr. Fosmoene Yes, Sir.
Mayor Ferre: All right, I have no other questions on item No. 17.
21. EMERGENCY ORDINANCE: Sly Foos SERVICE PROGRAM
APPROPRIATE $239,977.
AN ORDINANCE ENTITLED-
AN EMERGENCY ORDINANCE ESTABLISHING THE SLIMMER FOOD PROGRAM -
TRUST AND AGENCY FUND ACCOUNT AND TPROVIDINGOU�FR$23�5� -
IN FROM A FEDERAL -STATE
MATING APPROPRIATIONS PROVISION
THEREFROMEON AAA R ESSPOND 'TYG CLAUSE.
CONTAINING A REPEALER V
Commissioner Gordon and seconded by Commissioner Gibson
Was introduced by with the requirement
adoption as an emergency measure and dispensing
agreed o by the following
of reading same on two separate days,
vote:
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
Whereupon the Commission on
ordinance Commissithe fner Go dognOaannd
Commissioner Gibson, adopted said
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 8673 d and
The City Attorney read the ordinance into the public
record and announced the
that copies were available to the members of the City
public.
ABSENT: Commissioner Manolo Reboso
22, FIR
ST READING ORDINANCE- AMEND ORDINANCE No. i REVISE FEE
SpHEDuLE CHILD DAY CARE PROGRAM,
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCECNO 5ULE371, ATOP ED RDARY ,
1975, WRICR CONTAINED T FE
PROGRAM BY ESTABLISHING A TEE ;ULE RPiLOVIDING'�0� ITS INCLUSION
SJNII'X A��R S CiILD DAY .-_
NOES:
None.
seconded by
64 JUL 14197
TN TitE CODE OF Tilt CITY OF RIAMI, ORIDA; CONTAINING A ItRPEgR
PROVISION AND A SEVERABILITY CLAUSE,
as introduced by Commissioner Gordon and seconded by CommissiOnet
ibsda and passed on its first reading by title by the following Grote:
AttSt Commissioner Rose Gordon
Cornn issioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the tuerbers of the City Comiaissiotl
and to the Put.li.c.
ON DISCUSSION:
Mr. Plummer: I may have .ane thing -here to interject and maybe I'm making it
the extreme. Mr. Manager I find it very hard to understand that the asterisks
at the bottom of this schedule, which really in fact says that a person that
has three children costs u $.10 a day. I don't even know how you can adminis-
ter something, or anything for $.10 a day. It seems a little unrealistic to
me that that can be considered as a'realistic fee. I am at a loss to under -
understand, I'm at a loss to understand $.40 if you only have one child. How
can we even begin to think of. $.10 a day for a child. Is that realistic to
you or maybe I'm completely_ out of. character.
Mr. Grassie: It is very low Commissioner, possibly we ought to have Mr.
Parkins talk about how the fee schedules are arrived at.
Mr. Plummer: Well, does that make It right?
Mr. Grassie: The question of operating a subsidized program is definitely a
policy choice. There. is no question in anybody's mind but that this does not
pay for itself. Now if you are going to run something less than a fully self-
supporting program, then, by policy, you have to decide how much you are going
to subsidize; end the basic distinction that I understand the City Commission
has made in the peel. is that they Want to tie the subsidy more than anything
else to family income eed ability to pay. Now, then, you get down to the
mechanics of establishing a scale or a schedule which will reflect that policy
and..it's arbitrary..and if the City Commission feels that it should be at
some different level we can accomp.4 sh that very easily.
Mr. Plummer: I just find it hard to grasp that in fact a person --and I don't
know if it exists--- that a person had 3 children in the Day Care Center and
$.10 a day is not realistic. You know, it just doesn't...to me it doesn't..
it is ridiculous.
Mrs. Gordon: J. L., may I say something? The category of family income that
you are pointing to is in the below -poverty area and those people probably don't
even have that; and that's why we are subsidizing it.
Mr. Plummer: Well, rather than be unrealistic at $.10, I would say nothing.
1 would rather eliminate the fee for those particular people than to go through
the paper -work and the hassle... The paper -work has got to cost you a couple
of dollars. That's all I'm saying, hay, keep it in mind for next year. I have
no problem with eliminating that kind of a situation and pay nothing, than to
pay $.10 and to expend $2 to pay for it, that's all I'm saying.
Mrs. Gordon: Parkins was kind of shaking his head. Did you have something to
say about it?
Mr. Parkins: Yes, the Con,mrissioner was referring to the bottom of the Ordinance
which refers to the fee for the first child, and the fee for the second child.
If it's your preference to strike that we carp, however, this has been a rule
that has been followed since the Day Care Program went into operation.
Mr. Plummer: That doesn't take it right.
Mrs, Cordon: Okay.
1
234 AnioRia lvtimom to PREPARE PLANING DESIGNt roR b(i5`FING
anti iNGs AT MI' rat PM &SAMI4
Mi a, Gordon: I :Hove 20.
Mayor Ferre: Mts. Gordon moves item Na, 206
Mr. Gibson: Second.
Mayor Ferre: Mr.Gibson seconds, the Manager reeotoaends, further digs
cession.
Mrs. Gordon: Just one question, Mr. Grassie, what is the time frame on item 201
Mr. Grassie: Let me have Mr. Parkins help us with an answer on that, we hope
to get it done as quickly as possible but I forgot the specifics.
Mr. Parkins: Ms. Chandler is here, Mr. Grassie, and she could answer more
specifically but it is my understanding that if this is adopted we could be
within 60 days of plans.
Mrs. Gordon: Fine, okay.
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO. 77-557
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PREPARE PLANS
AND DESIGNS FOR THE EXPANSION OF EXISTING BUILDINGS AT EATON,
MOORE, AND SHENANDOAH DAY CARE CENTERS TO COMPLY WITH THE FIRE
CODE STANDARDS AND TO PROVIDE ADDITIONAL STORAGE SPACE, AND TO
THEREAFTER SUBMIT THE SAID PLANS AND DESIGNS TO THE CITY COM-
MISSION FOR ITS REVIEW AND ACTION THEREON.
(Sere 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:
NOES: None
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
2 , ACCEPT COMPETED WORK: GRAPEIAND SANITARY SEWER IMPROVEMENT SR-5387
C AND S,
(This being..a public hearing,
to speak on this item. There
The following resolution
its adoption:
the Mayor asked if there were any members who wished
being none, he asked the Clerk to call the roll).
was introduced by Commissioner Plummer, who moved
RESOLUTION NO. 77-558
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY GOODWIN,
INC. AT A TOTAL COST OF $2,249,421.94 AND AUTHORIZING A FINAL
PAYMENT OF $225089.69 FOR WEST GRAPELAND SANITARY SEWER IMPROVE-
MENT SRr-5387-C (centerline sewer) AND SR-5387-S (sideline sewer)
IN WEST GRAPELAND SANITARY SEWER IMPROVEMENT DISTRICT SR-5387-C
(centerline sewer) AND SR-5387-5 (sideline sewer),
66
JUL 141977
Bete folk boy at tesolutiooi bitted hefe slftd th file
n the Office of the City Clerk),
Upon belhg seco nded by Cot itissi.ottet Gibsot i the tesoltttioh fiAO peeped ead
adopted by the following dote:
ASS.
NOES: None
Coinmissiotter Manolo Reboso
Cotm5iissioner J. L, Plummer, dr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Vetre
ACCEPT 001PLETED WORK: SIMPSON SANITARY SEWER 1MPROV NT -
SR5391C&S,
:(This being a Public Hearing, Mayor Ferre asked if there were any speakers
from the audience to speak on this item. There being none, he asked the
Clerkto call the roll)
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-559
A 'RESOLUTION'ACCEPTING THE COMPLETED WORK PERFORMED BY
ROENCA CORPORATION AT A TOTAL COST OF $718,035.17 AND
AUTHORIZING A FINAL PAYMENT OF $71,656.40 FOR SIMPSON
'SANITARY SEWER IMPROVEMENT SR-5391-C (centerline sewer)
AND SR-5391-S (sideline sewer) IN SIMPSON SANITARY SEWER
IMPROVEMENT DISTRICT SR-5391-C (centerline sewer) and SR-5.391-S
(sideline sewer).
':(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed an
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
25! ACCEPT COMPLETED WORK: GARDEN HIGHWAY IMPROVEMENT H-4374 -
BID "C" - HIGH4AYS,
('Nis being a Public Hearing, Mayor Ferre asked if there were any speaker
from the audience to speak on this item. There being none, he asked the
Clerk to call the roll).
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
•
EISOLUTION NO. 7740
A RESOLUTtON ACCEPTING Tilt COMPLETED -
TM WM COMPANY Ot 'LORtbA, i'tC► AT A TOTAL COST O/
$1116 i 165.21 AND AUTHORIZING A //NAL PAYMENT OP $18, 616.52
POP CARDR=GW AY t kOV R 41/4 Rib "C" (HIGHWAYS)
IN CARDEN RIGtiWA' fl4 OV T DISTRICT R-4174 Btb "C" (IICHWAtS) *
Caere follows body of resolution, omitted here and on file
in the Office of the City Clerk).
spot being seconded by Commissioner Gordon, the resolution etas p&
adopted by the following vote:
Commissioner Hanolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vide Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. !erre
gnat
JUL 14191
11
. PUBLIC HEARING AND DENIAL OF PROPOSED C D INANCE To PERM lit SALE CP
BEER IN Tit ORANGE. BOWL. STADIUM.
Mayor Ferre: Item 24, the Manager recommends. Is there a tnotion?
Mt. Plummer: Mr. Mayor, the only problem I still have with the ordinance
is tot the sale of the beer but as you will recall my comments of before,
that it be included in the ordinance, that it not be sold at high school
games nor at rock concerts,
Mayor Ferre: Is that included in the ordinance?
Mr. Plummer: No.
Mayor Ferre: Mr. Knox, as I recall you were instructed to include that
specifically in the ordinance. Would you clarify that?
Mr. Knox: Unless the record shows otherwise, it was my impression that
we were instructed to include a prohibition against the sale of, at high
school football games and the matter of Rock Concerts was something to be
negotiated during the contract.
Mayor Ferre: Mr. Manager, what is your recollection on the item?
Mr. Grassie: I believe, in the discussion of this item Mr. Mayor,
this same question came up and the answer that Mr. Jennings gave at that
time was that that particular provision should be included in the contract
with the promoter or concessionaire.
Ar
Mr. Plummer: Exactly what he said and I said very exactly, that I did
not want it left for anyone to negotiate, that I wanted it part of the
ordinance, and that is the way I understood it.
Mr. Grassie: But Commissioner, the concessionaires agreement has to come
to you for approval., so, I think what Mr. Jennings is saying to you is,
that document is the appropriate one to regulate this particular activity.
Mayor Ferre: In cth:.r words, this is permissive legislation, which
permits the Manager to negotiate and the contract itself would be brought
before the Commission and we could vote yea or nay.
Mr. Jennings: In fact, Mr. Mayor, if I may add, the existing concessionaire
agreement specifically prohibits the sale of the-, so that particular phase
would have to be the subject of re -negotiation anyway.
A
Mr. Plummer: If I don't give you the permission, you don't have anything
to negotiate, do you?
Mr. Jennings: That is true.
Mayor Ferre: What is the will of this Commission on this item?
Mrs. Gordon: Is this a public hearing Mr. Mayor?
Mayor Ferre: Yes it is.
Mrs. Gordon: Can we hear from the public?
Mayor Ferre: Yes, I. will as soon as we have it up before us, we don't
have it before us at this point.
Does anybody in the Commission wish to move Item #24?
The item was passed on first reading and now it is before us as a second
hearing. At the previous meeting, it was moved by who? Mr. Clerk?
Who moved it the first time?
Mr. Plummer: I think I did.
Mr. Mayor, please, so there is no misunderstanding. I have no objections
to beer being sold in the Orange Bowl. My objection is as it relates to
High School Football Games or Rock Concerts.
Mayor Ferre: Do you want to amend this and pass it?
Mr. Plummer: No, I do not watt to amend it. I want it in the orig .na3.,
ran
r
Mts. Gordon: Mt. Mayor, what is a public hearing for if its not to hear
from the public?
Mayor Ferre: Oh absolutely Mrs. Gordon-
Mrs. Gordon: Before we take a position.
Let's hear from the public first.
Mayor Ferre: Well all right. We will have to get this clarified by
the City Attorney. As I understand it, under the rules that we go under,
there has to be a motion and a second to bring it before the Commission
and then, it becomes a public item which we will then permit the public
to sneak on and then vote on it as a final thing. In other words, we can
hear the public before we receive it.
Mr. Plummer: Sure, then make a motion afterwards.
Mayor Ferre: Is that correct Mr. Knox?
Mr. Knox: Actually, it could probably be done either way and its a
question of whether the Commission feels that by making a motion and
having a second, that would somehow prejudice or persuade -
Mayor Ferre: Based on that premise, what we will do it open it up for
the publics comments and then we can see if there is a motion and a
second, after the public has had the opportunity. I accept that.
So at this time, how many people here would like to be heard on Item #24.
Would you raise your hands please. I see 1, 2, 3, 4, 5, 6 - 7 people.
I see another hand, that is 8, yes I saw your hand. AS
Now would you please stand up ladies and gentlemen and before you go over
to this rostrum and 4 can go to this one and I will recognize you in order.
I will take the left side first and then the right side and back and forth
until the 8 of you have spoken.
Would you make room for the others to sit down here in the front. You
might trade seats.
I will recognize the first speaker at this time. We need your name and
your address for the record.
I would like to know how much time you think you ladies and gentlemen
will need to speak to this item? Is 3 minutes sufficient? per person.
Does anybody need to speak more than 3 minutes? You do?
How much time do you need? To speak on it today?
I will recognize you but you know, under our code, the chair can limit
any speaker to 5 minutes, under the charter.
How much time do you think you need? Reasonably.
(The responses from the audience were inaudible)
I will because of the circumstances and because you did not get to spee.A
last time, give you 10 minutes, which is 3 times as long as anybody else
and twice as much as you are entitled to under the charter. So, is that
acceptable to you Ma'am.
Mr. Harley: Friends on the City Commission, I am Bill Harley.
I have lived in Miami since 1929. I love this town and I want it to
continue to be a good town where we would have good clean recreation.
I live at 666 N. E. 58th Street in Miami. I am definitely against this
and I can see that the City Commission definitely needs the money.
If you pass this thing, you are sowing the dragons teeth and you are going
to reap the whirlwind.
Practically everyplace that they serve Beer, Baseball, Soccer, Basketball,
Football, sooner or later, they all get "Beered" up and then you got a
riot on your hands. Some of these places, the players and the audiences
have been severely injured. My plea is to you to consider this more
thoroughly, of the consequences of allowing this to happen at these games.
I take my family to the games and some fellow down the row there wants a
beer. I understand that you are going to do away with the danger of
bottles and cans because you would serve it in paper cups so he passes
this cup of beer down and it passes me and it spills on me or some member
of my family or at any rate, it is not a good thing.
I am definitely against it and thank you for giving me this opportunity
and I go on record as being against it.
JUL 14197
•
Mrs. Coppage: I am Mrs. Frank Coppage. ? lie at 1111 N. W. 146th,
Street in Miami.
I come to you as a Mother, 1 am a mother of 5 teenagers, 4 of them are
boys and they all enjoy sports. My Bob is quite often will cut grass
to try to earn money to attend sporting events in the Orange Bowl.
They also attend the Miami Dolphin games and I do not want them subject
to the beligerance, the profanity that the consumption of beer will
surely bring about in the Orange Bowl.
Mayor Ferre: Mrs. Coffage, I of course, have a great respect for you
and your family. I notice, I saw your husband here a little while ago
and I think I saw one of your sons.
Mrs. Coppage: C-O--P-P-P-A-G-E
Mayor Ferre: Oh I apologize, excuse me. All right, next speaker.
Mrs. Grimes: My name is Mrs. John Grimes and I live at 915 N. W. 133
Street, Miami.
I was born in Miami and grew up here. I attended high school at Miami -
Edison and Miami -Jackson. Frankly, I don't really see a need for this.
Perhaps, there is a financial responsibility that can be met, there is a
need for our City. I think that the obvious catastrophe connected with
this type of thing ought to be more important to us, than the fact
of raising of some needed funds for various needs.
I think that as I look back on my life as a teenager, here in this County,
that at that time, we didn't need beverages of the alcoholic nature.
P " don't think we are talking about beverages to have something cool to
drink at a hot football game.
I think we are talking about something that has a lot more going along
witb it such as people getting loaded, having accidents on the way home,
pedestrians being hit and I don't think this is overkill or someone
that is over -reacting. I think we are talking about something that every-
one of us read every day in the newspaper, such as automobile accidents
attributed to drugs, which, lets face it, alcohol is a drug.
We are talking about something that. leads to personally, my own father
was an alcoholic. I have very strong feelings about it, which you might
say, comes from a background of such, but I too have teenage children
and certainly you folkE know that the pressures on our young people today
are great enough and we as adults have a responsibility to them, to show
them, that its not just a simile case of having something to drink at a
game but its something that is offering them a lot more that can cause
wide range habits to take place an. certainly ,Mr. Plummer, the rock
,. concerts that you are talking about, 1 mean I don't think we should just
say, high school games, rock concerts - not at anything. People can buy A
booze anywhere they want to. They can do anything they want to and to
go ahead and put a stamp of approval on this. Our Orange Bowl is for
family activities and I think it would be gross negligence on your part
and I trust that you would consider that and those of us that are parents
and citizens for a long time of Dade County.
Mrs. May: I am Mrs. Clyde May. I live at 125 N. E. 86th Street in
El Portal, Florida . I am the mother of 2 teenagers and I just don't
think that it is necessary that we have them exposed to this because
they can enjoy the game much more without having this and as we know,
they are not aware of what it really does to them when they want to play
around with drinking beer and then they can't enjoy the game, furthermore
than that, they indulge enough, they can't even go home.
I just think it would be much better that we don't have these kind of
things and even as adults, it would be better for us to set an example
so we wouldn't buy, other than concerts, and I don't think we need to
have it at all, and should set an example for our youth.
They talk about raising money. If we are God's children, he says he
will provide and I don't think we have to use the devils equipment to
raise the money so I think we shouldn't sell it.
Mrs. Walters: I am Mrs. Helen Walters. I live at 730 179th Terrace.
As previously spoken by the other Women and Men, I agree with them all.
At all these occasions, we don't need the alcoholic beverages. Lets
just not have them. Thank you.
Mrs. Maloney: Mr. Mayor, I am expecting a miracle today. My name is
Frances Maloney. I live at 1029 N. W. 3rd Street, very close to the
Orange Bowl. I came here today expecting a miracle. I saw how the vote
went. I have all the papers saved for me when I go away and when I come
home I cut out all the articles so I brought what you said. Now I am
sure, maybe the Miami Herald did not quote Coach quite right but I
am sure that I want to talk to you about something.
The first thing I noticed was that Mayor Ferre said, when he was a young
man in the Yankee Stadium, he watched them drinking beer and he just
yearned, I am sure, for the day that he could drink beer.
I had a son the same age at that time. .My Son wanted to play baseball
but he had to wear his regular clothes to play baseball because the only
people who would have enough money to support the Little League Teams
were the beer people and you had to have the beer company's name on the
back of your shirt so my Son, even when he grew up because notice my
name is Maloney, even if he grew up to be a big league ballplayer, he
never played ball with a beer sign on his back.
I want to talk to you about taxes. In the City of Miami, we voted not so
long ago about the Orange Bowl. We want the Orange Bowl fixed up.
This is our Bowl. We love it. We did vote and you expect me to vote again
in November.
Now, I saw in the paper that you are expecting to get from this great
thing that you are going to do, maybe $100,000 or $300,000 a year.
I notice then in one of the papers, that you made a little park downtown
that costs you $300,000 a year and its too small to be of any use.
So now you might add $400,000 and make it a little bigger and run it up to
12th Avenue.
$100,000 and $300,000 is nothing to what you are going to get if you do
this. Whenever you open the Orange Bowl, this is the Orange Bowl, not
the Suds Bowl that you talked about in the newspaper. Lets give them
Orange Juice in the Orange Bowl. Lets let the people around the country -
and what does it matter if we have beer served in Yankee Stadium, in the
stadium in Tampa, FLorida. This is the Orange Bowl. Let's be a little bit
different. The money we would get would not be worth it.
Now let me tell you. You turn over to Page 7 with me and you will see
that there is something in there as a part of this ordinance I am sure
which talks about on page 7, and it talks about - I will never stick to
10 minutes because I have a lot to say, but I will try.
You are accepting the bid of a man for Crowd Control Services to control
the Orange Bowl during the Dolphin Games. By the time you pay, understand
its not going to be policemen, I understand its going to be outside
people, by the time you pay for the damage, by the time you pay for some
young person who gets a glass of beer, who isn't 18 years of age.
How are you going to see their I.D.Card? How are you going to make sure
that the person you are selling beer to is 18?
First accident out of that bowl, especially by a young person, the City
of Miami is going to be sued. Now this is coming to the Law Department.
I would also like to know, did the Traffic Court, I mean the Traffic
Department, make a study of this. Did they tell you that it was feasible?
To have people sitting in the Orange Bowl drinking for 2 or 3 hours with
as many glasses of beer as they like to drink and then come out of there
and when those buses and those cars go by my house, it takes a long time
to empty the Orange Bowl. Please, please, listen to me.
I am here. I want to tell Mr. Gibson something.
I have a camp, that is the reason I wasn't here. I took the first camp
of children in the state of Florida, after, before 1964, I had a Black
camp and a White camp. In 1964, when the State was opened to Black
children, I put them together and you know, I got big shoulders, I am a
fighter and a lot of people objected. You should have heard some of the
things that were said to me. But, I was just up to camp now and you
know what my camp is for? Youth total abstinance camp. My camp which
is 20 years old is dedicated to teach children and I am taking them
smaller every year because I teach them that they would be better if
they grew up without using any of these things that we don't need to use.
They have healthy strong bodies. Now Mr. Gibson, because I am a truthful
person, I want to say something and I wish you would listen to me.
I admire you very much for your stand for your people. I notice that
when some of the policemen were being promoted, you were right out there
but I do not like the other part of you which votes for liquor everytime
It comes up in this Council because you are hurting your young people
more than most young people are being hurt.
72
J U L 1 41977
Mayor ?erre: All right, are there any other speakers that want to
address the Commission or the public on this issue at this time?
Is there anybody who wants to speak further on this issue?
Any other brave souls?
All right, seeing none and hearing none, I will now ask the Commission
what its will is on Section 20, on Item 24, which is before us on 2nd
reading.
Mr. Plummer: Let me ask a question just for clarity. It is not
spelled out in this ordinance and I guess I want to hear from you,
is the responsibility to the vendor disbursing beer in the Orange Bowl;
is the responsibility going to be followed through by some other ord-
inance in reference to persons being at least 18 years of age and not
intoxicated? Would those 2 items be covered in another ordinance?
Mr. Grassie: They would be covered in the basic agreement with the
concessionaire. Some of that also is covered by State Law.
We would cover it in our agreement with the concessionaire under the
contract with the concessionaire where there are certain prohibitions.
Mrs.Gordon: Mr. Grassie, on the age of the vendor, the employees of
the concessionaire, isn't there a restriction on the age of that person?
Legal age?
Mr. Grassie: Yes, by State Law.
Mrs. Gordon: And that would also present a consideration to both the
vendor,•the concessionaire, as well to verify the age of each of those
persons who are purchasing the beer.
Mr. Grassie: That is correct.
Mrs. Gordon: Well it is going to be pretty heavy task, wouldn't it,
to ask for I.D.'s? We just determined this morning, that there wouldn't
be an inch to spare, so certainly, they can't go down the aisles, so how
do you expect to police this?
Mr. Grassie: The basic improvement plan for the Bowl we were talking
about this morning Commissioner involves an upgrading of the concession
stands so that we will have centralized points and points under control
for the selling of these articles.
Mrs. Gordon: What you are saying then, is that the beer would not be
sold in the stands, is that what you are saying?
Mr. Grassie: No I am not, it depends to some extent on the method of
operation of whoever has the concession but, what I am saying is that
the upgrading of the concession places, the stands, should minimize
the hawking of beer out in the stands which is what happens -
Mrs. Gordon:
Mr. Grassie:
Mayor Ferre:
Rev. Gibson:
time.
It wouldn't prevent it though.
No, not necessarily.
All right, Father Gibson?
Mr. Mayor, I move that we reject this ordinance at this
Mayor Ferre: All right, there is a motion for rejection of Item 24
made by Father Gibson and seconded by Mrs. Gordon.
Let me in speaking for the rejection. Before I do that, ask the
gentlemen and the 7 ladies that spoke whether you are here of your
own free volution and on your own because you are speaking for yourself,
freely, and have not been asked to come before this Commission.
Is that correct Mrs., and that is the same for you? You are here on your
own? You are all citizens of Miami, are you? You are residents of Miami?
You are people who reside in this community?
Now, that being the case, I am impressed by the tremendous public outcry
as witnessed here by 8 people that have spoken out and I certainly want
to be man enough or person enough, in the vocabulary of the modern age,
when I see something that is certainly the consensus of a community, to
recognize it. I think it would be stupid of me and certainly ill-advised
'74 JUL 141977
Your young people do not have jobs. Your young people are doing things
and they are the ones that go to jail. They are the ones who suffer and
you as a minister of the gospel should be voting against these liquor
things. You should not be voting for them. That's what I say, on the one
hand you are for right for your people and on the other hand you are hurting
them everytime you vote for liquor.
tow I admire you very much and I hope I don't make you change your vote
because I was afraid maybe you would vote yes because I brought that in.
Mayor Ferre, I want to tell you something. When I started looking this
thing up and I did a lot of research. I found out this was brought up
in 1957, in 1967, and now in 1977.
Every 10 years. Do you know who brought it up the other 2 times?
I mean who defeated it? Mayor Robert King High. You can add yourself to
the list of great Mayors of this City by voting -Mayor Robert King High
was a little man, but he was a power. He was for good. I went out there
and I looked at that plaque and I said, that is what I have to say to the
Mayor. You are much bigger than Mayor Robert King High in stature but my
goodness, he was a great man, and when I saw that, I wondered who the Mayor
was when this thing was defeated.
I might say a few other things but I know that you want me to quit now
because I have said all I am supposed to but I would like to say that
children are my specialty. I love children. I love my camp.
Do you know where I get my children? I don't get my children from the
churches because every church has its own camp. You have your camp.
You have your camp. You have your camp. I don't get the kind of children
you have because your children are taken care of, you have servants in
your home. I do wish we had a 4th person on this City Commission. Truly
I do, but anyway, I get my children from the missions, from the places
-here nobody else will take them and my children do not pay to come.
Some parents do because they think its the best camp they have ever had
their children in and they do pay, but I raise the money. I am a widow.
The last time I was here, my husband had just died and that was the time
I came out and gave you the devil that time so, I, when its over with, if
there isn't enough money, there is where my money goes. I don't spend
it on myself, I don't spend it on my clothes, I don't spend it on my
house, I spend it on the children.
One day, a woman rushed into my house and she said, don't you ever get
discouraged? I thought about that a little bit afterwards, and I thought
well gee whiz, I w.. work real hard and I don't know whether I am getting
anyplace or not and I %cant out to camp and I no sooner got to camp and a
little girl who was sent from a School Superintendent in Kissimmee, Fla.
and her little brother, and we weren't taking them that small, but you
know how small we take them now? We take them 7 and 8 years of age.
A teacher told me from Stuart, FloLida that the children come with their
f 'thermos bottle and they have to smell them first and taste them to see
what they got in them. Children in the 3rd, 4th, 5th and 6th grades
drinking beer and anything else they can get. Oh no, they don't buy it.
They just pour Daddy's and Mother's when they go out of the room or go
to bed. They clean up or take it out of the refrigerator. They don't
have servants like to keep it cleaned up, but this little girl, a little
blue eyed blonde, 9 years old, sat down accross from me, and this is what
she said. Never saw her before. She said, I am never going to smoke.
I said, that's good. It does harm your body, its good. It was just talk.
It was just having a conversation with her, and then she said, and I am
not going to use drugs and I said no, unless a doctor prescribes a drug
as a medicne for you and then she hit me with a bombshell.
She said, and when I get big, I am never even going to taste beer because
when my Dad drank some beer some day, he killed my Mother.
I ate no more food at that table that night, but my mind went back to the
woman over there who had said to me, don't you ever get discouraged.
I said NO, NO, I never get discouraged. Anything I can do, all my time
and devotion, is to see the children get a chance and when the boys and
girls go home from camp and the boy signs the- you know the first thing
they put on the evaluation slip, they say they like the girls best at
camp, that's the first thing but we have many a young girl and boy who
says, I am going to tell my Dad or my Mother to get rid of her bottle that
she has in the refrigerator, We have got enough of this stuff in the world.
I see enough children and my time is up. Mayor, please, please vote
against putting beer in the Orange Bowl.
Mayor Ferre: All right Mrs. Maloney, thank you.
1111 of A 4077
Id certainly, a matter of a lack of vision if I could not heat and
!e what I have seen today and since you are here if your own free
ail and since 8 of you have spoken against it, and not one person out
the 150 or 200 that are in this room have risen to speak in favor of
t, then I would assume the 8 of you are really speaking for the majority
E this community and I, even though I do not agree with that, because I
Dr a very simple reason. Unfortunately, the age of prohibition is long
ver. We saw, during prohibition, that it does not stop people from
rinking. The fact, is that people are going to bring liquor to the
range Bowl anyway whether it be in canes or hidden in false radios or
'ootballs full of liquor. You know it happens. Its illegal, its against
:he law but people will go out to lunch before the game. They will have
!rinks there. They take liquor in hidden containers and continue to
irink in the Orange Bowl and after the Orange Bowl game is over, on their
aay out, they will drink again, from hidden containers and go out to
!inner and drink again. We are not going to stop that unfortunately, even
though we try to enforce the law, it almost becomes an impossible situation.
I am further impressed by the fact that Mrs. Grace Rockafellar is here.
Miss Trudy Chandler, Mr.Dean D'Agostine are here and they represent the
Biscayne Boulevard Association and they are here on Item #52 and yet I
have not heard any of them speak out in favor of this.
Even though they may be for it, they are not for it. I see people here
from the Overtown area, the Culmer area and Dixie Park area and they
have not spoken out. I see Dr. Ben Sheppard here, who is the chairman of
the School Board and he has not spoken out. I see some distinguished
businessmen in the front row and back rows and a distinguished president
f one of our major banks. He has not spoken out. I see Captain Walden
.io is the head of the Miami Seaport and doing a very very distinguished
job in that position. He has not spoken out. I see Mr. Bob Coppen from
the Little River Area and he has not spoken out, so I notice a cross-sectiort
of this community.
Mr. Plummer: What about C.T.TAYLOR?
Mayor Ferre: I see C. T. Taylor, but he has not opened his mouth and
he's pretty good at opening his mouth and when he has got to say something,
he tells it like it is but I haven't heard him say a word.
It seems to me and I see Jackie Bell walking in who represents a very
important part of this community and she has not said anything.
To me, the handwriting is very clearly on the wall and I accept, I am not
blind. I accept it for what itis and I bow, to not pressure, but to the
logic of the consensus which is herein expressed in this room and so be it.
That is what democracy is all about and that is why we have public hearings.
thank you for your presence here today.
Mrs. Gordon: Mr. Mayor, if I were wearing a hat, I would take it off to
you, Father Gibson, and possibly my other two Commissioners after the vote,
I will let them know about that. I think that you showed me and Gibson
by his motion, that you are big people.
Mayor Ferre: All right, ladies and gentlemen, are there any other
questions? If not, call the roll please.
Thereupon the following motion was introduced by Reverend Gibson
who moved its adoption:
MOTION NO. 77-561
A MOTION TO DENY A PROPOSED ORDINANCE TO AMEND SECTION
39-25 OF THE CODE OF THE CITY OF MIAMI TO PERMIT THE
SALE OF BEER AND/OR MALT BEVERAGES WITHIN THE ORANGE BOWL
MEMORIAL STADIUM
Upon being seconded by Commissioner Gordon, the motion was passed
adopted by the following vote:
AYES: Commissioner Plummer, Gibson, Gordon, Reboso and Mayor Ferre.
NOES: None.
The following comments were made during roll call:
llll i dio'
(. Plum ,et: '1st softy, I can't be a hypocrite, I really can't. I have got
to make this statentettt, I'i3 'vote with the motion only for one reason, because
it was riot included in there about high school games and rock concerts, but
I personally, and I'll have to say it again, I see nothing wrong, we have sewed
beer in the Marine in the baseball stadium for years and it has not created a
problem. As we looked across the country and other stadiums that I have visited
they serve beer and it has not been a problem. All I can say to you is I have
no objections whatsoever to serving beer in the stadium, if anything I think it
might clear up a bad situation because today it is impossible for our police
department to police people bringing in alcoholic beverages which allows the
man to sit there and drink a whole quart whereas if we had some control we
could control. Sweetheart, I've seen them bring it in fire extinguishers, I've
seen them bringing it in everything, okay? I see personally nothing wrong with
a person enjoying a. beer on a hot Sunday afternoon, I'm sorry, I don't drink
beer, please, but...and I want it very clear so that I'm not a hypocrite, I have
to objections to serving the beer and I'm only voting with the motion because
it was not included that it would be prohibited from being served in high
school games and in rock concerts, so I want that very clear.
Mr. Ongie: Mayor Ferre:
Mayor Ferre: In voting, I've already told you how I'm going to vote, but let
me add to you and tell you that what you read in the papers was completely
accurate. The papers wrote everything down exactly as I said it and I don't
take any of my statements back I still feel the same way but I can read the
handwriting on the wall and I believe that this is the wiser course to take
and I vote with the motion.
Mr. Plummer:
people stack
Mayor Ferre:
Plummer.
Well, now let's ask the obvious question, let see how the other
up. Are you going to take it out of the Baseball Stadium?
Well, wait a moment, we haven't finished the vote yet, Mr.
Mr. Plummer: Oh, I'm sorry, I thought you had voted.
Mayor Ferre: I did, but I'm not the last vote.
Mr. Ongie: Yes, Sir, you were the last vote.
Mayor Ferre: Oh, I was, I beg your pardon then the matter was defeated 5
to 0, is that correct?
Mr. Ongie: Yes, Sir.
Mr. Plummer: Let's see if there is going to be a consistency.
Mrs. Gordon: I move you that we have a hearing..or that we_prepare an
Ordinance amendment removing it from the stadium, from the Baseball Stadium.
Mayor Ferre: Is there an Ordinance?
Mr. Plummer: Well, why don't you ask the City Attorney to come back with
the request -for the next meeting.
firs. Gordon: Mr. Knox, would you prepare an:appropriate Ordinance banning
the sale.of beer at the baseball stadium. Do you need a motion to that
effect?
Mr. Knox: No, Ma'am.
Mr. Grassie: For the information of:the City Commission, it is not a ques-
tion of an ordinance at the Miami Stadium, it is included in the concession-
aires' contract.
Mayor Ferre: Who is the concessionaire?
Mr. Grassie; The Miami Orioles through...
Mrs. Gordon: Mr. Grassie, when does that concessionaire's contract expire?
'76 JUL 141
Mr t tie$n nga . Seta
At 8t i§,g1 totlftidAlatitts
MAyor `arte: Well, okay, you heard the ekptessiona tsf the Commission through
tira. Cordon and all l can say ie Bob ftigh, you've done it again. Anita gryant ,
there are you? Where it Anita Bryant? We are going to serve nothing but orange
juice. All right, is there anything else to cothe before this Cat fission on
this ite& iteth No. 24 therefore stands defeated unattitously.
f PERSIVATEARANCEI tke tEN SHEPPARD) REQUESTING USE OP PDAM
MlNICIPAL JUSTICE BUILDING
Dr. Sheppard: I have a very simple request, gentlemen, and that is that ytu
give us or let us use the Municipal Justice Building. .
Mayor Ferret That's under study now, Dr. Sheppard.
Dr. Sheppard: But we have a little urgent,situation and I'd like to call your
attention to it. Particularly, with regard to the Miami Bridge. We lost our
last fight with the Zoning Board, we have bad 100 buildings evaluated and we
go day by day by courtesy of the Fire Department. I know it is under study,
and what I'm asking for primarily is the use of the Police Academy or the Miami
Bridge. We have lined up United Family and Children Services, especially
travelers' aid, the Dade Board of Public Instruction for occasional technical
and supportive services, Day Care and Child Care Centers for Dade County and
Miami and our funding comes from several areas so it isn't going to cost you
anything and if we don't get out of the building we are in...
Mayor Ferre: How many people are served by the Miami Bridge?
Dr. Sheppard: I would say 30 is a good average.
Mayor Ferre: And you don't need the full Municipal Justice Building but just
part of it, is that correct?
Dr. Sheppard: We'd like the Academy so we could move into it and start the
renovations but better than that we would like you to seriously consider the
Youth Cities so that all the agencies can move in. We have about 10 dif-
ferent agencies ready and willing to go which includes the Board of Public
Instruction..on vocational, Dade Care and Child Care...they are all set to go,
I have letters here, I don't want to burden you with reading all these things.
Mayor Ferre: Mr. Grassie: Are you ready to react to this at this time?
Mr. Grassie: Well, only in this way, Mr. Mayor. One, it is my impression that
the question with regard to the present building of the Bridge is in front of
the Zoning Board on a re -hearing and that is not a dead issue, at least we are
checking that and we'll have an answer for you in a minute. The other thing is
that the City Commission has asked us to report back to you on the 28th with
regard to our contacts with the City and the County...or the County and the
School Board and we, of course, intend to do that and it would seem premature
to discuss this at this point.
Mayor Ferre: The nest question to you, Dr. Sheppard,is can this wait until the
28th?
Dr. Sheppard: This can wait until the 28th by grace of the Fire Department and
I would like for you to seriously consider the entire concept, which we have
developed.
Mayor Ferre: Well, the question then becomes, Mr. Grassie, can we wait until
the 28th to resolve this matter, in the meantime the Fire Department helps
Dr. Sheppard with regard to the bridge in the downtown area until such time,
and then you will have made your study and recommend.
Mrs. Gordon: Mr. Mayor, you have in front of you a packet, the cover sheets
will indicate to you the possible sources for federal funds for the Youth
City programs and if you'll glance at that you will see that.the operating
funding is not an impossibility, in fact it is a probability from the Federal
Government.
Dr. Sheppard: And the Schoolboard, and other agencies. I am speaking primarily
Mr, Mayor, for the Police Academy but that can't overshadow the use of the build-
ing. Right now, we can turn that into a useful thing for the multi -agency
structure, and you'd be serving the young people in the community.
Mayor Ferre; Weil, say first hand reaction to this personally, Mr. Grassie, is
that we do assist Dr. Sheppard in the problem that he has with the Fire Department
J U L 141977
•
Until the 28th, if possible, if within the realms of possibility of what %e
tan clo and that we turn this packet over to you fot futthet study and analysis
and request that you finalize your study on the 28th. Can you do it on the 2lst?
Could you do it quicker?
Mr. Grassie: I don't belive so, Mr. Mayor. Two things, one of course is that
your Agenda is closed on the 21st but in addition to that, the staff has been
planning on the 28th so, you know, their work is scheduled towards that date.
Mayor Ferre: All right, then let me ask you this.
on the 28th to give us your recommendation so that
again?
Mr. Grassie: Yes, specifically we are going to be
that you asked with regard to cooperation with the
board.
Would you be prepared then
we don't have to put it off
responding to the questions
County and with the School=
Mayor Ferre: All right, would you incorporate this packet that was passed
by Mrs. Delores Kory in your analysis?
Mr. Grassie: Yes, I have not seen the packet, of course, but...
Mayor Ferre: All right, I'm going to give you my copy which was given to me
just a few minutes ago and you may make copies and pass those around and send
me an extra copy, all right? Dr. Sheppard, then we'll be here...can we do
this first thing on the 28th? What time would you prefer, Dr. Sheppard, early
in the morning?
Dr. Sheppard: Early in the morning yes, around 7:00 or 8:00 a.m. o'clock.
Mayor Ferre: Well, we won't be here then but would 9:00 a.m. be acceptable to
you?
Dr. Sheppard: Nine will be perfect.
Mayor Ferre: Mr. Grassie, would you then put this on at 9:00 a.m.'o
the Agenda of the 28th?
Mr. Grassie: Yes, Sir.
Mayor Ferre: All right, is there any objection by anybody? All right, if
thank you very much Dr. Sheppard for your patience.
Dr. Sheppard: Thank you, I wish that he would get my concept for Youth City
in there besides the bridge.
Mr. Grassie: Is that in this document that is being handed to me?
Dr. Sheppard: Yes.
Mayor Ferre: All right, thank you again Dr. Sheppard.
Mrs. Gordon: Mr. Grassie is making arrangements for the bridge to stay where
it is at, is that correct?
Dr. Sheppard: That's right, we have a day to day extension.
Mrs. Gordon: Okay, then there is no emergency today.
L 141977
PUBLIC HEARING: CONSIDERATION OF REVOCATION OF ClrriissuEa
LICENSES PURSUANT TO SECTION 3C . OF THE
CITY CODE,
Mayor Perre: Now we're going to take up item #52. Mr. 'Knox, on item 52.
Mr. Knox: Yes sir. Item 52 is before the Commission in order that it may hear
charges of violations of State Law which lead to convictions and may decide
whether or not the Commission will exercise it's power to revoke those licenses.
Those occupational licenses of those individuals who operate businesses in the City
of Miami and have previous convictions for offenses which are related, specifically
relatedpto the operation of those businesses.
Mayor Ferre: Alright, ladies and gentlemen. I would like to have a show of hands
as to how many people are here on item 52 and how many would like to speak on it.
Wow! You don't mean you all want to speak,do you? Alright, raise your hands if you
want to be heard by the Commission and please recognize if there's somebody besides
you,or in your group that is going to speak there's no need for you to repeat what
she or he are going to say. So, let me just see -- who are the people that wish
to speak on this item and look around and make sure that you don't duplicate.
There are 18 speakers,so far. Now, do any of you need to speak more than two minutes?
You dor how much time would you need Mrs. Rockefeller? 5 to 7 minutes? Alright,
who else wants to speak more than two minutest...
Mr. Plummer: Would you come to the microphone?
Mayor Ferre: Yes, he says that he has a request for a continuance, which is the
same thing over here and we will take that up first and then if it's continued then
obviously we don't have to speak. If it's not continued then how much time would
you need? Five minutes. Alright,so we have 5,4, and 5. Does anybody else want
to speak more than two minutes? That would make 15 minutes for three speakers, that
leaves 15 others. If we give you two minutes that's a half an hour. That's a total
of 45 minutes before we end our hearing which you've got to say. Now, let me ask
you this? If any of you during the course of the public hearing hear somebody else say
what you're saying\ please don't feel the need to get up and repeat it and be satisfied
that it has been said,perhaps not as well as you could have said it but if it's been
said spare us, if you would please, the agony of having to hear the same statement made
three, four and five times. Now, how many of the 18 speakers are proponents? I'm
talking about the speakers now. Those that wish to speak, how many are for item 52?
Raise your hands please - proponents for.... The item before us is consideration to
revoke the city license. So1if you are for item 52 you are for the revocation of
the license. You want to take the licenses away and shut the place down. Now, if
that's what you're for and you are a speaker ... Well, alright, let's do it both
ways to satisfy everybody's curiosity here. Those of youlwithout applauding that
are for the revocation raise your hands. Ok. Now, those of you that are against
the revocation raise your hands, those of you that are against. About four, ok. k,
Now, let's go to the speakers. How many of you that are against the revocation wish
to be heard if this item is not continued? Three. .... Well, if he's not here that's
your problem and then you'd have to speak and we'd recognize you. That's three.
Anybody else that wishes to speak against revocation. .... Just three down here.
Alright, those of you that want to speak for the revocation raise your hands again.
Alright, if you will all come over to the Clerk over here.
Mr. Knox: Excuse me. Mr. Mayor, may I make a suggestion?
Mlayor Perre: Yes.
Mr. Knox: Number one, this is a quasi-judicial proceeding and those people who would
wish to speak in favor of revocation of a particular license may not desire to speak
after the presentation of the evidence, if you will, by the staff of the City Attorney's
Office. So that, I might suggest that these people would withhold their determination
until the presentation)Mr. Mayor.
Mayor Ferre: Alright/sir. Thank you for the clarification,and at this point I will
recognize you before we get to the public hearing portion to present the evidence in
whatever form you deem advisable, and then, after that, we will see who remains as
speakers for or against. Ok?
Mr. Knox: Alright. I call upon Mr. Tom Connors of the City Attorney's...
Mayor Ferre: Excuse me. The first question I think to come before us is whether or
not we continue this item. And, my answer to that would be this. This is my personal
answer/ I can be overruled by the majority here, This has been a duly advertised
and scheduled public hearing. There are a lot of people that have come out of their
11,1 I d147i
homes and out of their way to be heard today, They're entitled to be heard. Who-
ever wants to speak will be heard. Now, if at the end of the discussion period
from the public this Commission,in it's wisdom,decidesthat chere is a good reason
to continue, then we would continue for a further day for the final vote. If the
Commission, on the other hand, decides that all the evidence has been submitted and
that sufficient has been said on both sides for a vote, then I think we would vote
at that time and reserve the right to do so later on.
Mr. Weinstein: • Mayor,may I just point something else out?
Mayor Ferre: Sure.
irr. Weinstein: The attorneys that are here are here on behalf of clients that
have been served with notices of an attempt to revoke a particular license as
opposed to a public hearing as to the propriety_ of the issue morally. That's
not a question. I think the Assistant City Attorney, pardon me,the City Attorney
pointed out quite well that it's a quasi-judicial hearing. As such,there is the
question of presentation of certain evidence -both on behalf of the city and
on behalf of the particular defendants and in view of the particular nature
of it. I fail, quite frankly, to understand how it calls for any public response at
all. Either the City Attorney's Office and the city carries its burden or they don't.
And, either the law is proper or it isn't and as such,since we have a burden of
proof that we have to meet as the respondent,i would ask simply that I be given
adequate time to consult with my client who is out-of-town and to prepare a proper
defense of the charges....
Mayor Ferre: Alright, now, wait, you have the perfect right to make any statements
you want here and we will ask the City Attorney to give us a ruling on that and we
will be bound by his statement. Mr. City Attorney?
Mr. Knox: Yes, sir. As regards the input of members of the public into the
deliberations, as Icharacterized this as a quasi-judicial hearing. Basically, the
rules and regulations concerning the conduct of the hearingnay be established by
the City Commission. If the City Commission feels that their is a need in order for
it to deliberate and make its determination for input from the citizens who would
desire to speak then its my position that the City Commission has the power to
elicit these statements.
Mayor Ferre: Alright,if we do have such power unless I'm overridden by the majority,
the chair will so rule. Unless I hear otherwise by any member of this Commission to
overrule my judgment it would a;;.and. Is there such a motion? Speak up or hold your
peace. Hearing none, then I would rule that the statement made by the City Attorney
and my statement just made would stand and this Commission would determine to permit
the 18 people that wish to be heard on this matter to be heard at the appropriate
time. The appropriate time would then be subsequent to the presentation by the City
Attorney's Office.
Mr. Weinstein: I think the chair misconceived my particular point. I couldn't care
less if a hundred people from the city wanted to speak/that's fine. But my point is
as to the fact that we have to rebut certain evidence in a quasi-judicial nature as
opposed to the propriety or impropriety of having these type of establishments in
the city. I assume that's what the majority wants to talk about.
Mayor Ferre: Yes.
Mr. Weinstein: Whereas, we are in a different position as a respondent. We are a
specific respondent. I'm not asking that the matter be taken off the calendar. I
am asking for continuance for my client alone.
Mayor Ferre: Your client is not here... The chair will rule on that if you'll
permit me.
Mr. Weinstein: Mr. Mayor, the point being, sir, that the people from the public can
speak anyway, I mean, that doesn't affect my point. I just want a continuance for
my particular client.
Mayor Ferre: Alright, the chair will rule as follows that this Commission will first
of all, hear the evidence that's presented by the staff of the City Attorney.
Subsequently, it will hear anybody else who wants to be heard on this and we will
leave the question of the continuance for later on in the day after we've heard all
of the evidence presented and at that time the chair will rule or the majority of -the
Commission will rule either way, depending on how this thing goes as to what this
Commission will do. You wanted to say something..,
1111 4 AIA9'1
Mr. icnox; Excuse me, while he's approaching,may 1 make another suggestion Mt, Mayor)
that the City make its presentation,that the individuals or their representations
would have an opportunity to rebut the assertions which are made by the city and
the input from the members of the public could be in the nature of the closing
arguments or attempts to persuade the City Commission with respect to the decision
that it has to make about the revocation of the license,
Mayor Ferre:
Mr. Heitman
Mayor Ferre:
Mr. Henan:
Washington,
Mayor Ferre:
Mr. Herman:
Alright, that's accepted. Yes,sir.
Yes. I'm here for three corporations, 25 S.E. 1st Avenue.
Your name for the record,too.
Brad Henman. My attorney, Mr. Frank Freeman is not here, He's in
D.C.
The members of the public say they cannot hear. Would you repeat?
My attorney, Mr. Frank Freeman is in Washington,D.C. is not here.
Mayor Ferre: Mr. Frank Freeman, his attorney is in Washington, D.C. So therefore
what he is asking is,I assume, that this matter be continued since you wish your
attorney...
Mr. Henan: I certainly hope so. My attorney is not here.
Mayor Ferre: Well, that's something that we will determine after we've heard all of
the different people make their statements. You don't want to ask these people to
come back at another time in the future when they've taken the time to come here
today, do you? And, that's why, out of consideration to them,we'11 permit them to make
a statement. Alright.
Mr. Herman: Thank you.
Mayor Ferre: Alright, anybody else? If not. .... He's making a statement that
each individual case will be handled individually and the answer to that Mr. Knox is...
Mr. Knox: Yes.
Mayor Ferre: Alright, now at this time,we'11 hear the evidence as presented by the
staff of the City Attorney.
Mr. Connors: Mr. Mayor, honorable members of the City Commission. My name is Tom
Connors and I and Stanley Sterbenz have prepared charges which we are going to submit
to the City Commission, barges which will reflect that certain establishments in the
City of Miami who are licensed to do business in the City of Miami, have been convicted
of violations of laws relating to obscenity and pornography. Establishments in questiolk
today before the Commission will be Gayety Theatre,Inc. who owns Pussycat I & II;
Bee Gee,Inc., who owns Rex Theatre on 79th Street, Twins I & II. Bal Enterprises,
., which owns Eros Book Stores M.B.F.,Incjoins United Theatre and Little Adult Theatre,
Danny's Little River News Stand, Downtown Theatres and Downtown Books both,of which
Mr. Henan is the President who was speaking here. And, Import and Investment Services
Incorporated which owns and operates Escort Services International located on Biscayne
Boulevard in the 79th Street area. We're going to present both live testimony and
documentary evidence to the City Commission today. We're going to present the City
Commission that they now have the authority ...
Mayor Ferre: Will you excuse the interruption because we need to get a legal
clarification. There might be a conflict on the part of two of us on this Commission.
With regards to these items because, Mr. Knox, if you'd listen carefully through,of
course, no will of either Mrs. Gordon or myself, we may be the owner, separately, of
property that may be leased or rented by these people. Even though I think that the
property on Fla ler Street that was previously used as a theatre for some of these
—pornographic, pi.ctures,ati recall, at lease was expired
plat or we went to court and won
and. therefore,there is no longer a lease is that correct?
Mr. Mlnceberg: Mr. Mayor it is not correct.
Mayor Ferre: It is not correct?
Mr. Ninceberg: L bere.is presently litigation pending between • Inc, and
Investment Inc. of which, I believe, you are president,
$ayor Ferre: Miami Caribe, Inc. is a Florida Corporation of which I am President.
When we purchased the property/ I don't know how many years ago from the
Theatre from the Ginsberg family, from Leo Robinson, there was a lease on one of
81
JUL 141977
the theatres. I forget Which one,
Mt. Minceberg: The Paramount Theatre.
Mayor Ferre: The Paramount Theatre, in which porhographtc _pictures Were jjIayed on the
screen and we have on different occasions and I don't want to by making any ataterent
here prejudice my case but I think that the item Speaks for itself when the public
knows that the corporation which I had has been litigating to close that theatre
down for quite some time so that tells you how I feel about it and how the corporation
feels. Unfortunately, that litigation is still pending and has been for over a year
as I recall.
Mr. Minceberg: It's still pending your honor.
Mayor Ferre: And, even though the theatre is closed and it is not operating and as
as matter of fact ladies and gentlemen the theatre has been converted into a restaurant
and into shops which will not sell pornographic material. Nethertheless, the aui-t-is
still pending and there is litigation going on between you and our attorney. You
representing the company.
Mr. Minceberg : I am representing one of the respondents here before the Commission
and he is presently in litigation with yourself.
Mayor Ferre: Yes. Therefore, that would preclude me from voting on any item that you
present.
Mr. Minceberg : Yes.
Mayor Ferre: Now which item are you presenting? Which item of ... how many are before
us today, ten?
Mr.Minceberg: I am -here representing Gayety Theatre,Inc.
Mayor Ferre: That's just one.
Mr.?iinceberg:That's just one.
Mayor Ferre: Out of how many?
Mr. Connors: There should Lc seven other hearings besides Gayety.
Mayor Ferre: Alright, now let me as;; you this and give me a legal opinion. I would
be precluded in voting on one but I see no reason why I can't vote on the other seven,
is that correct?
Mr. Weinstein: Mr. Mayor, before you get that opinion rendered I would point out
that on the one that you are recusing yourself from I am Counsel and I would ask
that you recuse yourself from my hearing also, since I have your deposition to take
and we have made the lawsuit personally against you I would ask you to recuse yourself
in the interest of fairness from my lawsuit also.
Mayor Ferre: Which is your lawsuit?
Mr. Weinstein: Bee Gee,Inc. here today. I represent presently the plaintiff in the
lawsuit against you and Miami Caribe on the Paramount property.
Mayor Ferre: Alright, so that means I would recuse myself from two out of the eight.
Is that corrector out of the nine? So I could hear seven.
Mr. Knox: There's no specific mandate that you would recuse yourself unless,in your
own opinion, you have such an interest in whatever the natter is that it would
impair your independent judgment as to these matters.
Mayor Ferre: Well, I don't think it would impair my independent judgment but I would
say that I've already pretty well made up my mind how I would vote and I think that's
quite obvious. And, it isn't that I don't have the facts before me f it is that I
think I understand the situation very clearly and I'm ready to vote right now. The
question is whether or not that precludes me in these other cases by stating such an
Opinion, You would have to give me ...
Mir. Weinstein: Mr. mayor, u:ay I point out to Mr.•Xnox,since the Mayor has just
stated that he's ready to vote right now and has obviously announced his opinion
rand since there is an election around the Mend and no evidence has yet been presented,
think it's only fair that at this point he just recuse himself from all of these
la 9
1111 4 A 7e'7•%
0
hearings.
Mayor Ferre: I would have to abide by the City Attorney's ruling on that. He het
the evidence on both sides before him. • I'm perfectly willing to sit and listen
to testimony and vote in those areas where I'm not personally involved if that's
your judgment.
Mr.Minceberg:I also fail to see Mr. Mayor by virtue of your statement and by
virtue of the public outburst that have occurred as a result of your statements
how we could possibly have a fair hearing before this tribunal.
Mayor Ferre: Tell me again.
Mr. Minceberg: I said that as a result of your statements and the public reaction
to those statements I fail to see how we can receive a fair and impartial hearing
before this Commission.
Mayor Ferre: Alright,Mr. Knox, you have a decision before you to be made.
Mr. Henan: Excuse mei may I say something? Once again my attorney is not here,
he's in Washington, D.C., I have a letter here, may I give to you?
Mayor Ferre: Alright Mr. Knox. Make your ruling.
Mr. Knox: Yes, sir. First of all, you would not be precluded from rendering an
opinion in any case where in your estimation, again, your objective independent
judgment is not impaired by an interest in it.
Mayor Ferre: Well, that means as I understand it, and correct me if I'm wrong, that
out of the nine cases before us I could vote on seven and I would not vote on two.
Mr. Knox: That's fair.
Mayor Ferre: Alright. Now, Mrs. Gordon you can explain your...
Mrs. Gordon: Mr. Knox,1 own a piece of property close to one of the items before us
the one called Downtown Books at 7937 Biscayne Boulevard. I would ask you then,should
I abstain from voting on that particular application?
Mr. Knox: Again, Mrs. Gordon, unless in your own judgment there is some interest in
the subject matter that may be before you relating to this particular property, if
your independent judgment would be impaired then you have the privilege of failing
to iarticipate in a vote. If in your opinion your independent judgment is not
impaired then you have a perfect right to participate.
Mrs. Gordon: I would abstain from voting on that particular one of these nine iterasi•Nt
Mr. Plummer: Mr. Knox, there ain't none of these places around the funeral home I
don't have no problem..,.. Let me ask a sensible question.
Mayor Ferre: Mr.. Pluaaner,before you make your sensible statement or ask a question.
let me for the last time, Mr. Knox,make sure that the statement that I've made does not
in anyway preclude me from judgment on the seven cases where I feel that there is no
conflict on my part in expressing my opinion by voting. Ok.
Mr. Knox: Right.
Mayor Ferre: Alright, now Mr. Plummer you want to make a statement.
Mr. Plummer: Mr. Mayor,./ would -like -to merely ask of the City Attorney from a practical_.
standpoint even though my head is already chopped off,today is my wife's birthday
and I was to take her to dinner in an hour, that's besides the point, from a practical
standpoint, are we looking at possibly an hour for each one of these hearings?
Mr. Knox: I think not Mr. Plummer. Let me if I can make a suggestion of the manner
in which to proceed. First of all,the ordinance is very clear it provides number one
that a business entity does have a license. Number two,that this, the owner or
operator of this business entity has been convicted of an offense which is specifically
related to the operation of that business. Now,those are the two elements which must
be satisfied in order for this Commission to reach a decision to revoke. Now, the
Maatter could be expedited in the following manner. The City Attorney's Office is
prepared,number one,to show you a copy of ari occupational license which was issued to
business entity. Number two, to show you a conviction. Based upon those two things
,and whatever defenses are proffered by the individuals or their representative you could
Make a decision. So the only two things that must be shown are, number one,there was a
4icense. Number two,that there was a conviction.
83 JUL 141977
Mr. Plummer: Ok. So in fact then what you'-e saying is that if those points..does
the ordinance then speak that it shall or it may be revoked?
Mr. Knox: The ordinance says that it may be revoked.
Mr. Plummer: May, ok. Excuse me, in other words, if I understand a court procedure,
the attorneys representing the defendants will try to prove that those two areas
are not true.
Mr. Knox: Alternatively, they could indicate that even if they are true,, there are
mitigating (circumstances that the City Commission should consider,
Mr. Plummer: Ok.
Mr. Connors: Alright, if I may suggest then,the way we should proceed on the agenda
isIsince filing these charges back in June I've been in contact with practically every
attorney that represents one of these corporations. The attorney for Danny's Little
River News, Mr. Joseph Pardo sent a letter to the City Manager's Office approximate-
ly a week and a half ago and it was referred to me wherein he requested a continuance
because he would be out of the.country during the entire month of July. I spoke to
his law clerk and he confirmed that he was out of.the country. I have a letter from
Mr. Henman's attorney, I believe, indicating that he also is out-of-town and will not
be here to represent his client. We do have Mr. Yale Freeman representing M.B.F.,Inc.,
United Theatre and Little Adult Theatre and I believe he also represents Bal Enter-
prises which owns Eros Book Store. Mr., Freeman is ready to proceed at this time and
I would suggest that ' we begin there.
LFreemRtla'%atMr. Freeman: �ir.tnMa
e poode ore '}oecCit Attoreeefethis time to
strictly commence against all four of these places at one time or are we going to
proceed on a case by case method? Then,sir,before we begin I think it would be
appropriate on behalf, well, I think it would be first important to know which
particular client of mine we're going to proceed on first, .so I can make any notations
and objections as far as these proceedings as to that one client only at this time.
Mr. Connors: Alright, at this time I'd to distribute to this City Commission a copy
of the charges. A photocopy of the convictions and a' -photocopy of the licenses that
have been issued to Mr. Freeman's clients.
Mr. Freeman: Which one?
Mr. Connors: M.B.F.
Mr. Freeman: So there's no confusion,Mr. Mayor,I'l1 again note my appearance on
behalf of M.B.F. Theatre,Inc doing business 1Noth under United Theatre and Little
Theatre, doing business at 7829 N.E. 2nd Avenue and 184 N.E. 79th Street. Before
the City begins I would like to point out certain matters pertaining to the validity
of the procedures herein, which may affect the outcome in both the handling as
M.B.F. Theatre Inc. is concerned. We are here today pursuant to a directive issued
by the City Manager setting forth certain charges and that they were seeking to
revoke the license pursuant to section 30-11 of the city code. A reading of section
30-11 of the city code has transpired so far here today shows that there is
really no procedure set forth in this particular ordinance as to the reasontwhy or
how a particular license shall be revoked, and in fact so far today we've had two
statements that the precedingsare to take whatever form you deem acceptable and that
for the first time today certain procedures were being established. Now,coming here
attempting to represent a client pursuant to 30-11 creates an almost impossible
burden because we don't know what your discretion is when we use the term "may". We don't
know what standards are io be applied when we use the term"may':. We don't know what._
procedures ought to be followed before this Commission, and I think it's important
especially to note that this Commission took a great deal of time to enact an ordinance
known as chapter 66 which deals specifically with this type of business. This was
passed back I believe in April or May .of this past year as an emergency legislation.
This particular ordinance deals specifically with the issuance and revocation of
adult book Store' licenses.pertaining to adult book store, movie theatres,etc. Our
position is'by virtue of the enactmentof this ordinance specifically dealing with
the subject matter which `is before this Commission that 30-11 is not the procedure
which this City Couunissi9n can follow.to revoke the licenses of M.B.F. Theatres,Inc L_
that instead all proceedings before this Commission have to take place pursuant to
Chapter. 66, the: notice requirement set forth therein+ g►e requirements as far as the
procedure before this Commission, the right of ours to present witnesses in front of
this Commission. Now this is an ordinance specifically dealing with the revocation
of licenses and the issuance of licenses of adult book stores,etc, I would further point
_Ant ehai--as far as the Mayor is concerned. as to his position that was taken in the
very beginning of this Commission Meeting on this subject which was pointed out by
the attorney, Joe Minceberg on behalf of his client. Before any evidence was presented
•
V
before this Commission, before there was even anything presented by the City Attorney's
Office as to a possible violation of the law c his honor, the Mayor has indicated
that he was willing to vote at this time as ar as the revocation of these licenses
are concerned without hearing, without any sort of notice, without any requirement
to be met the Mayor has indicated, I am going to vote for revocation, And, Y'm going
to be requesting at thistime,+.
Mayor Ferre: I didn't say that,
Mr. Freeman: I'll correct it. You said that you were willing and able to vote
whether it's pro or for I don't care. My position is that you have firmly entrenched
in your mind an opinion and you're not willing to listen to the evidence presented to
this Commission. And, that I would request the Mayor as far as the proceedings on
behalf of M.B.F. Theatres,Inc. and their two places of location, that the Mayor
recuse himself from further hearings in this matter.
Mayor Ferre: My answer to that is that I refuse to recuse myself, based on the
presentation of material that was given to me by the City Attorney and as put on the
calendar on the agenda on item 52 because that, to me, is prima facie evidence immediately
and the revocation or the lack of revocation obviously follows on the material as has
been presented and is in my hands at this time. Now, what remains is the matter of
the reading of this material into the public light even though I am already aware of
what is contained herein.
Mr. Connors: Mr. Mayor, if Mr. Sterbenz might reply briefly to Mr. Freeman's argument?
Mayor Ferre: Alright.
Mr. Sterbenz: -If it. please the Commission, S.R. Sterbenz, Assistant City Attorney.
Briefly responding to argument of counsel and regarding the section 30-11 and his
assertions that it doesn't providefir=proper procedures and.•is otherwise broad and so -
forth. Let me say that this section has been used before the Commission some years
ago in connection with nightclub matters.- We have established cases on record,
they've of record in which this procedure was used, these charges, specifically stating'
what is being brought before the Commission, brought by the City Manager to the City
Commission sitting as_an unbiased body, -to hear -the charges, and then we nave watched ---
closely court cases in this exact area going to the United States Supreme Court.
We're here to submit to youjyour honors that this procedure is sound, it's good and
although we know we're going to get into a maze of litigation, But we feel that we
have a very, very strong chance of prevailing on the basis of this procedure.
Mayor Ferre: I would also like to point out that there are four other people in
the majority of these cases and three in the rest that will be voting on these items
anddof course,we don't know how they're going to vote. So my vote may be_.completely
supetfitioas and not necessary . the majority's will. Is that ok? So then,you again
repeat to me that it's alright for me in seven of these to make a vote, alright.
Mr. Connors: Alright, for our first witness we'd like to call Mr. Sekan,from the
Licensing Division.
Mr. Freeman: Mr. Mayor, again, being that there is no procedure set forth,I do not
know what my requirement is before this particular hearing whether I have a right to
either cross-examine him, what the procedure that is going to be used for this first
time today.
7.-
Mr. Sterbenz: You have the right to present whatever you want. You can cross-examine.
You can present rebuttal arguments; You can present whatever defense you want to
present.
.Mr. Freeman• And, this is the first time that you're asserting this now to me,sir?
Mr. Sterbenz: If you didn't know it before, I'm sorry.
Mayor Ferre: Alright, proceed.
Mr. Connors: Would you state your name and official position with the Commission?
Mt. Sekan: Andrew Sekan, License Inspector with the City of Miami.
Mr. Connors: Bow long have you been so employed Mr. Sekan?
Mr. Sekan: 24 years.
Mr. Knox: Mr. Connors, would you allow the clerk to swear in the witness?
85
JUL 141977
Mr. Ongie: Raise your tight hand, 'Do you soieMnly swear to tell the truth it this
case to help you God?
Mt. Sekan: I do.
Mr. Connors: Will you state your name and official position again please?
Mt. Sekan: Andrew J. Sekan, Licensing Inspector with the City of Miami.
Mt, Connors: How long have you been so employed sir?
Mt. Sekan: 24 years.
Mr. Connors: In the course of your employment did you ever issue er have issued
through your division a license to operate a business in the City of Miami to a
corporation known as M.B.F. Theatres, Inc.?
Mr. Sekan: Yes,we have.
Mr. Connors: How many licenses does M.B.F. Theatres,Inc. have?
Mr. Freeman- Mr. Mayor,may I pose a question to the Commission? Being that this
is a quasi-judicial proceeding are the rules of evidence applicable.
Mayor Ferre: Mr. Knox?
Mr. Knox: Being that this is a quasi; judicial proceeding, the strict rules of
evidence are not applicable and the questions of common sense and adherence to the
spirit of the rules of evidence would be applicable.
Mr. Connors: Have you ever issued or has your licensing bureau issued a license
to M.B.F. Theatres,Inc.?
Mr. Sekan: Yes we have.
Mr. Connors: What year have you issued them in?
Mr. Sekan: The current license was issued December 8, 1976 for M.B.F. Theatres, Inc.,
7829 N.E. 2nd Avenue for an adult theatre. We also have a ... well, that one is
known as United Theatres. We also have another license issued for M.B.F. Theatres,
Inc. at 184 N.E. 79th Street:• known as The Little Theatre, as an 'adult theatre and that
license was issued December 6, 1976.
Mr. Connors: And, from what date to what date did those licenses ...
Mr. Sekan: The license year commences October 1st, one year. In this case October
1,1976 and expires September 30th, the following year which will be September 30,1977.
Mr. Connors: Alright,do you have those licenses with you at this time?
Mr. Sekan: Yes,I do.
Mr. Connors: Alright, would you bring them over and give them to the C1erkkMr. Sekan?
Let Mr. Freeman examine them if he'd like to see them,please. Mr. Mayor I'm giving
two copies of licenses again as to whether these in fact represent the originals, I'm
not sure. Are the originals before the Commission at this time? Mr. Sekan, are the
originals available to be shown to the Commission at this time?
Mr. Sekan: Well, the originals according to the City Ordinance and charter have to
be conspicuously displayed at the place of business. So,we only have the duplicates)
yet
.
Mr. Plummer: Mr. Mayor, may I interject something here and this is to all of the
people in the audience, I merely give you a word of caution/ the tenure of the
people here can be used adversely against you in an appeal. Know what I mean?
Mr. Connors: Would you deliver the pink copies of the licenses you have issued for
M,B.F. Theatres, to the Clerk Mr. Sekan please? We'd ask the Clerk mark them as
City's Exhibits "A & B".
Mr. Plummer: For the record, you stipulate those are the copies which we have.
. Connors: I'm going to get to that Mr. Plummier. Now, those licenses Mr, Sekan,
the pink copies that you delivered to the Clerk, how did they get here today?
Mt. Sekan: I pulled them from our I.B.M. file where they are filed geographically,
I dulled them out of the file when the notice came to appeal' in court,
Mr. Connors: And, where are they maintained?
Mr. Sekan At our license division office at 65 S.N. 1st Street.
Mx, Connors: Alright, in the normal course of business are they maintained there'
Mr. Sekan: Yes.
Mr. Connors: Are you the custodian of those records at this time?
Mr. Sekan: Yes.
Mr. Connors: I don't have any further questions of this witness.
Mr. Freeman: As far as the control over these particular licenses„ sir, does anyone
else have control over them?
Mr. Sekan: Yes,we have nine inspectors in the office who may answer questions
regarding various licenses, but they are all kept in the office for any use that
might be necessary by the inspectors.
Mr. Freeman: And, sir,did you have occasion to go to the store to make sure that
those particular licenses which you gave to this City Clerk are in fact the true
licenses which are on the walls of those particular establishments?
Mr. Sekan: Yes, we have the inspector that works the geographical areas of the city
and they do go door to door checking on the licenses from an I.B.M. listing for
each location in the City of Miami
Mr. Connors: Mr. Freeman, would you use the microphone so that you're recorded on
the tape please?
Mr. Freeman: The question is sir, did you specifically check the license at those
particular stores to see that the copies which you provided to the City Clerk are
the exact replicas of those copies which are on the walls of those particular
establishments?
Mr. Sekan: I did not check this one specifically, no. I have checked other addlt
'movies and for the various licenses but this one specifically I did not.
Mr. Connors: Any further questions?
Mr. Freeman: No we would just note our objection to these particular documents
being introduced before this Commission.
Mr. Connors: Alright, Mr. Sekan is that an exact copy of the license that was issued
to the license holder M.B.F. Inc.?
'f
Mr. Sekan: Yes7it is. Those are carbon copies which come in duplicate when they're
printed, yes.
Mr. Connors: Ok. I don't have anything further. Alright, for the benefit of the
City Commission attached to the charges that are prepared against M.B.F. Corporation
there is photo copy of that license. The City Clerk will have the original and
maintain it in evidence. Secondly, I'm now going to present to the City Clerk
after examination by Mr. Freeman copies of certified copies of two convictions against
M.B.F. Theatres, Inc. Both of these convictions occurred in County Court of Record,
Dade County and you also have photo copies of those convictions.
Mr. Freeman: Mr.*Mayor., a clarification from the City Attorney's Office, when he
said I also have copies of those convictions. I would note that pursuant to the
charges that were filed here today there were no copies of any convictions provided
to these particular corporate defendants and this would be for the first time, as far
as this proceeding is concerned, .that these "convictions if in fact they show that
were presented to me".
Mr. Connors: Well, if the City Commission would noteeboth in count I and count II of
the charges, they read that on October 5, 1976 M,B.F. Theatre,Inc. d/b/a Little Adult
Theatre, 164 N.E. 79th Street, Miami, Florida is charged with unlawful possession of
obscene material. The violation of 847,A Florida Statutes. Cu April 12, 1977 the
defendant corporation was found guilty of the above charge in County Court,Dade County,
Florida in case number 76-66710. All you have to do is go over to the County Court
Clerk's Office and you can get yourself a copy of it.
Mt. Freeman: Mr. Mayor, that's not my particular requirement as far as ainsWetiig
to specific charges on behalf of my clients from the city, and, it's part of their
burden in these particular proceedings, hot my burden.
Mr. Connors: I'm now going to give to City Clerk the original certified copies
of the convictions to be marked as City's Exhibits "C & b".
Mr. Freeman: I would request of the City Attorney whether or not there ate any
other documents in those court files that also pertain to the conviction in this
particular matter?
Mr. Connors: My request was simply to get the conviction record of M.B.F. Inc.
and that's what I was provided with by the clerk.
Mr. Freeman: May I ask the clerk of what sir? In other words, what clerk provided
these copies to you? Was it the Clerk of the City of Miami?
Mr. Connors: No, Carol 13urgess,from Dade County. The City Commission has a copy
of the charges. They have a copy of the licenses that were issued to M.B.F.Inc.
and they have a copy of the convictions that resulted from criminal prosecutions
in Dade County. At this time,the City would rest as to M.B.F. Inc. and allow
Mr. Freeman to call any witnesses.
Mr. Freeman: Again, Mr. Mayor, for the first time I'm afforded an ability and
permission by the City Attorney to call witnesses if I permit. I would point out that
at this particular point and time the question becomes -has the city through the City
Attorney's Office met their burden of revocation? If this is a quasi..
judicial
.proceeding of some nature, whatever that nature might be, has the city met a burden
in the eyes of this Commission that I have to present a defense, that I have to come
forward ? And, again,we're dealing with an ordinance which sets forth no standards.
I don't know what the City Commission is going to use to determine whether or not
30-11 of the City of Miami Code has been violated to such an extent that a revocation
occurs. I think we need some sort of determination,possibly by the City Attorneyiin
this regard to see if in fact it is necessary forme at this time to present a defense
and to what standards will apply.
Mayor Ferre: Mr. City Attorney would you respond?
Mr. Connors: Mr. Knox, before I forget I think that I rested the city's case prior
to introducing the documents into evidence, :and, at this time I would like to introduce
them into evidence. If there's any objection?
Mr. Freeman: Yes there would be an objection, as a quasi-judicial hearing the city,
the government body has rested. They're not permitted to open it up at this point
in precedings. Having turned it over at this point to me for the presentation of my
case.
Mayor Ferre: Mr. Knox?
Mr. Knox: In response to Mr. Freeman's first inquiry. The position taken by the
City of Miami, in this quasi-judicial proceeding is somewhat different than a position
that would be taken in a court of law, in that the City Commission is compelled to
enforce and adhere to its own laws. The position of the Law Department is that the
presentation of a license and the presentation of a conviction of that licensee
constitute sufficient grounds for revocation if the City Commission would choose to
exercise that discretion, and the burden would be upon those who would oppose the
revocation to come forward with some information that would justify a failure to revoke.
If the City Commission feels that it has sufficient information before it upon which
to render a judgment as to whether or not this license should be revoked,, then the City
Commission has the power to do so.
Mayor Ferre: Alright, then at this point it's before the City Commissioners as to
whether it,'feels that there is sufficient evidence presented to proceed with the
revocation. Is that correct?
Mr. Knox; Yes sir.
l+lr. Sterbenz; Mr. I4ayor,in preparing our case we have also prepared a form of a
resolution that we would like to submit to the Commission.
Mr. 'reeman: _. 1'ui fasciaated1 ___ --_ _
Mt. Sterbenz: If you should decide to vote for a revocation.
Mayon Ferre: Alright, would you pass the form out please?
Mr. Freeman: Mr. Mayor, I believe the question that I posed was hot whether you're
voting for revocation or not. The question is, is there sufficient evidence in the
Commission's mind to support revocation that I have to proceed further with any sort
of evidence?
Mayor Ferre: Alright, the question before this Commissionfunless Mr �. Knox other-
wise rule me out.. Mr. Knox,the question before this Commission is whether or not
there is sufficient evidence for us to vote for revocation. At that point,the
learned counsel wishes to present, before this Commission, contrary evidence and call
witnesses on this matter.
Mr. Knox: He has an opportunity and a privilege of doing so. I think his question
was directed toward whether or not this would be a useless act in light of his
apparent assertion that the City Commission already has its mind made up about the
revocation. He has an opportunity to present any evidence or present any witnesses
or any information that would be designed to convince the Commission that this
revocation should not be made.
Mayor Ferre: Alright, now, so let me see if I understand this properly. What we
have before us is not the resolution as passed out. What we have before us is
a motion, if it's made, that this Commission has before •it sufficient evidence to hear
the testimony with regards to revocation. Is that correct?
Mr. Connors Well, that's the question, do we have sufficient evidence to proceed
further with the defense?
Mayor Ferre: Yes. That's what I said. Alright now is that what we would vote on
at this point?
Mr. Knox: Well, it wouldn't be necessary to vote. It would just be necessary to
give them opportunity to proffer a defense. In other words the city's position,again,
is that the only burden that it has is to show, number one, the existence of a license.
Number two, the existence of a conviction specifically related to the operation of
the business for which the license was issued. The city maintains that it has met
its burden and the respondents have an opportunity to present whatever evidence ...
Mayor Ferre: Alright, the City Attorney has now ruled on this item and I think its
patently clear as to where the city stands and the chair will rule according to the
advice given by Mr. Knox that we have been presented the evidence in both the license
and the revocation of that conviction due to items as presented before us in the last
fifteen minutes. Is that correct Mr. Knox?
Mr. Sterbenz: Your honor, yes sir.
Mayor Ferre: Did I state it properly?
Mr. Sterbenz: Absolutely. Your honor, this form of resolution is prepared , the
Commission only acting through ordinance or resolution, this particular phase of
the revocation as to this M.B.F. Inc. flaviEg been concluded, we submit this resolution
and point out that what it does is points to the fact that a hearing was held on the
charges which are attached to the resolution and that it points out that in section
2 that the convictions are for crimes directly related to the business for which
said license holder is licensed., Said convictions are for violations of laws which
affect the health, safety, and welfare of the City of Miami and theinhabitants
thereof , .said convictions are sufficiently serious to warrant revocation of_said
license holders, licenses,under the provisions of Section 30-11 of the Code of the
City of Miami.
Mayor Ferre: Alright, is it appropriate at this time for this City Commission to
take up this and pass this resolution as the majority wishes?
Mr. Sterbenz: Yes sir, as to M.B.F., the one that's on this particular resolution.
Mayor Ferre: Alright, now let me read the resolution and see if we have motion.
Mr. Freeman- Mr. Mayor there's only one problem. Am I now given the opportunity to
present any testimony on my behalf?
Mayor Ferre: Would he be given the opportunity before or after we pass the resolution?
Mr. Sterbenz: Well, when the City of Miami rested he had that opportunity and as I
recall he stated something to the effect...
89
Nitt e
i that is incorrect !4 r MaYot:
Mayor Verret
Would you like to present that t fide ee at this poiht,
If I ai required 1 do have evii enat tO ptoduee to the h
Freeman this particular point in time,
answer is you ate requited &t teteforepyou ate present vitiate t iileifriiatioti
Mayor Verret The you can proceed
i understand it under
foththis e wCoi�ttission+
you wish top
Mt. Sterbenz: Im sorry
we might have been a little premature in patting out the
resolution. I thought he had completed his case.
Mayor Ferret Go ahead.
Theatres ► d/b/a united theatre,
• I would point out on behalf of M•$.F. resented to hearing
Mx. Freeman: t the conviction which was p to the Florida
thise
alsonknown asi Mini inuca Theatre 76-67090 is presently on appeal
in this Commission case nuimber filth states as follows;
appeal which was filed on May oration, doing business
Cupreme Court. The notice of a Florida corp and takes and
Comes now the defendant M.B.F.e,alsoTknown
a Mini Adult Theatre, judgment and
a United `Theatre, known as (a/k/a) aes(d/b/a/) Supreme Court of Florida to review the order, date January
decree its the of cotounty
the Florida, bearing
the decree of County Court in and for Dade County,
6, 1977.
Mt. Plummer: Where are you reading from?
Mr. Freeman; I'm reading from a notice of appeal which I will provide to the City
Clerk. Again, this is the first opportunity I've had as far as notices any proced-
ures. I have a certified copy which I will present to the City Clerk after I've
concluded reading same.
Mr. Plummer: You're reading from something we don't have.
Mr. Freeman: At this particular point and time, yes sir, you do not have it.Continuing
on, -'!The nature of the order appealed from is an order denying the Defendant's Motion
to Dismiss which included the challenge as to the unconstitutionality of Florida
Statute 847.07 through 847.09 . The denial of said motion was preserved upon the
tender of a no contest Plea: I stress that at this particular point -in -time. Upon "the`"
tender of a no contestiolea on April 12, 1977, and subject to the appeal4.ng of the
denial of all pre -trail motions. ALL PARTIES to said cause are called'upon to take notice
of the entry of this appeal.as the Case No. 76-67090.I will now present to the City
Clerk,after examination by the City Attorney's Office,a certified copy of that notice
of appeal accompanying with it the bench docket which has been previously entered in
this matter as well as the criminal information filed in this cause.
Mr. Plummer: Can I ask a question?
Mr. Freeman. Sure.
Mr. Plummer: Who was the prosecutor ? Was it the State Attorney's Office in this
particular case where the nolo contendere plea was entered ?
Mr. Freeman- Yes,sir1, it was. The Honorable Ted Mastos , Assistant State Attorney.
Mr. Plummer: The question I'm asking is how come our City Attorney's Office was not
notified of this appeal?
Mr. Connors: We were aware of the nolo contendere plea.
Mr. Plummer: No, no. How come you were not aware of the appeal?
i
Mr. Connors: I was aware of the appeal also,sir. City Ordinance 30-11 states that ,.
recovation can occur for a violation of this -Code or any other ordinance of the city
or law of the state, or for any other good and sufficient reason. We have a conviction.
They plead nolo contendere and took an appeal. This arrest occurred in October of
1976. Why it didn't come to trial until the conviction occurred some time in April?,
I don't know, but finally 6 or 7 months later a nolo contendere plea is offered and
now the appeal starts. .We will wait until the appeal is finished. Who knows how long
it might be until we can bring this to the City Commission? May I ask the City Attorney
whether or not the determination entered by the County Court is in his opinion at this -
time a final determination? "-
Mr. Freeman 'The determination:by the County Court at this time is cloaked with the
presumption of correctness. I will, at a subsequent time, present possibly for the
City Attorney's consideration an argument to the contrary. As to Case No. 76-66710
which has also been tendered to this Commission to show a conviction entered against
MBF THEATERS,INC, there is the identical notice of appeal filed.Again a certified copy.
I will not belabor this Commission by re -reading same, is identical in all material
respects., including the fact that on April 12, 1977 there was a no contest plea entered
solely to question, for the first time,the constitutionality of the statute by
which the State of Florida was proceeding against MSF THEATERS,INC. I will present
again to the City Attorney certified copies, notice of appeal, the bench dockets in
this matter as well as the formal information charging the defendant, MN' THEATERS,INC.
.Again, the City Attorney's position is that the nolo contendere plea is cloaked with
the presumption of the judgment of guilty based upon a nolo contendere plea is cloaked
with the presumption of correctness, and that there are two violations, one occurring
'an October 5, 1976. ,eeveA days later en -,October 12 another violation has occurred at
MBF THEATERS. Both of these are now an appeal. At this_particular time,, being again in_
the nature of a quasi-judicial proceeding, 1 would direct.the City Attorney's attention
to a recent case out of our Third District Court of Appeals called "Ledee vs. State
Of Florida" in which our Third District Court of Appeals states,and I quote,"Our
Supreme Court long ago established the principle of law that if an appeal has been
taken from a judgment of guilt in the trial court, that conviction does not become final
• iintii the judgment of that court has beep affirmed by the Appellate Court': At this
91 JUL 141977
particular point ib time,we do not have a determination of the Appellate Court.
We have an appeal pending. It is now before the Florida Supreme Court and 2 will also
at this time tender a copy of the opinion that X just quoted to the City Attorney.
Again, this case is styled "Ledee vs. the State`, it's therefore a crintinai
prosecution and all of the law that I've been able to read on conviction3and the
ability of the state to attach further penalties because of'.a conviction on appeal
all apply to criminal prosecution.", .the habitual offenders statute. However, I'd
like to call your attention to Florida State Statute 901132....4bail on appeal.`
It says that"no person may be admitted to bail upon appeal from a conviction of a
felony,"not a conviction that's on appeal, but a conviction of a felony, °"unless the
defendant establishes that the appeal was taken in good faith on Grounds purely
debatable and not frivolous. However in no.case shall bail be granted if such person has
,previously been convicted of a felony, the commission of which occurred prior to
the. commission of a subsequent felony and such persons civil rights have not been
restored .where if other felony charges are pending against him and probable cause
has been founded that the person has committed the felony or felonies at the time
the request for bail is made, What I'm quoting this to you for is just simply to tell
you that you've have two convictions, two violations of the law and two convictions.
At this point you wouldn't be entitled to bail on appeal if it were considered to be
a felony and that's what you were looking for. You're looking to stay this prosecution
through a continual series of appeals. Mr. City Attorney,unfortunately,that
particular statute is not applicable under the board of rules of crial procedure ,
and we note further that not having the particular power to subpoena°fhese particular
hearings I note in the audience and the gallery the Assistant State Attorney, Ted
Mastos. I would at this particular time request Mr. Mastos's presence down here to
inquire as to the status of this appeal and as to whether or not this appeal has been
dismissed by the Florida Supreme Court or is it in fact a valid appeal pending at this
time? I might point out for the record that Mr. Mastos is the person standing next
to the second column or the column which I am directly in front of in the balcony area./''
He is the Assistant State Attorney who handled this particular case. Possibly the
Commission would request his presence in my behalf.
Mayor Ferret Alright sir, go ahead.
Mr. Freeman: State your name please.
Mr. Mastos: Ted Mastos, Assistant State Attorney.
Mr. Freeman: How long have you been Assistant State Attorney, sir?
Mr. Mastos: 312 years.
Mr. Freeman: Were you the Assistant Mate Attorney handling the particular cases
in which we have made reference to in the proceedings herein?
Mr. Mastos: Yes.
Mr. Freeman: Were these particular cases disposed of a plea of no contest to your
knowledge?
Mr. Mastos: Yes they were.
Mr. Freeman: Was there an adjudication entered by the Honorable C.P. Rubiera in
this regard?
Mr. Mastos: It was a finding of guilt and adjudication of guilt.
Mr. Freeman: Do you recall sir, whether or not the defandants in this matter have
filed a notice of appeal?
Mr. Mastos: Yes they have.
Mr. Freeman: And, as a representative of the State Attorney's Office,can you tell
this Commission whether or not that appeal is presently pending before the Florida
Supreme Court to your knowledge?
Mr. Mastos: Yes the appeal is pending before the Florida Supreme Court.
Mr. Freeman: Has the State of Florida at this
appeall to your knowledge?
Mr, Mastos: I have no knowledge1that would be
pW office.
time moved to dismiss this particular
handled by the Appellate section of
Mr. Freeman:
Mt. Connors:
Mayor Ferre:
Nothing further of this particular witness.
The City has nothing further.
Cross examination.
Mr. Connors:^ The City has reflected they have nothing further.
Mayor Ferree Alright, next.
Mr. Freeman. On behalf of MBF THEATERS, INC. I have no further testimony
to this Commission.
Mayor Ferre: Alright, Mr. Knox. The advice of the City Attorney at this
Mr. Knox: Alright, now the City Commission is in a position to determine
not the license should be revoked based upon the evidence that it's heard
be done by the adoption of a resolution in which would indicate its will.
to present
point.
whether or
and this will
Mayor Ferre: Alright, is there such a motion to a resolution that would read as
follows:" A Resolution revoking City of Miami licenses issued to M.B.F. THEATRES,
d/b/a (1) UNITED THEATRE, 7829 N.E. 2nd Avenue, Miami, Florida,and (2) LITTLE ADULT
THEATRE, 184 N.E. 79th Street, Miami, Florida". Is there such a motion?
Mr. Sterbenz: Mr. Mayor, may I just interject one thing ? At the bottom line of
the resolution is a portion that says these revocations are•for a period of 'blankr.
Mayor Ferre: These revocations is for a period of how many days?
Mr. Sterbenz: It's left blank for the determination of the Commission. I would
suggest that first you vote if you want to vote in favor of revocation and then in
a separate vote you determine what period of time The section 30-11 says in it that
no license can be issued when revocation takes place under that section for a
period of three months. We suggest that in your determination based on, for example,
two convictions as again one in other cases, or whatever your determination may
be, that you set a period, say, between three months and twelve months at your discretion,
but first, maybe vote as to whether you want them revoked.
Mayor Ferre: I see. Alright. As to the motion as read with regards to revocation
without a fixed date or period. Is there someone who wishes to make this as a motion?
Mrs. Gordon: I want a clarification on the expiration date of the license that is in
question is September 30th. Isn't that correct? They're annual licenses.
Mr. Sterbenz: Yes ma'am. That's absolutely true. However cases adjudicating this
exact point have held that revocation can carry through, or for instant, for example
if revocation proceedings take place a new licensor comes forth and a license is
issued as a matter of course the license can be revoked. What I'm saying is we don't
feel that that time frame and based on cases adjudicating that point/is a
crucial point, you see.
Mayor Ferre: Alright. Is there a motion for revocation?
Mrs. Gordon: The only question I want Mr. Knox to answer is the question regarding
that appeal to the Supreme Court and what is your opinion of that and has that any
bearing on us at this point?
Mr. Knox: It's my opinion that that doesn't have any bearing on this particular
quasi-judicial hearing. If the Commission is satisfied that there was in fact a
conviction which is closed with a presumption of validity until it's overturned
by an appeal's court and of course there is a procedure whereby these individuals
if their licenses are revoked and the conviction is reverseiithat they may re-apply_for
a license. So the main concern would be actual harm to the respondents by virtue
of having the Commission take the action at this time.
Mayor Ferre: Alright further statements to clarify this situation.
(Mr. Connors: Nothingfurther from the City.)* -Mr. Freeman:. �nthing further Mr. Mayor.
as a clarification for the record purposes that is there going to be a require-
ment of this Commission that the people voting as far as the City Commission is
concerned be those people who were present at all times during the hearing of evidence
both pro and con as this pertains to this particular license is concerned?
Mayor Ferre: Mr. City Attorney?
Mr. Knox: That question again would go to whether or not each member of the Commission
eels that he or she can render an independent judgment which respect to the question
93 JUL 1. 41977
that's before their based upon the information that they heard.
Mr. E'reetnan: In particular, I would note that two particular times as fat as my
recollection serve during the particular hearing in this regard his honor the Mayor
and his honor the Vice -Mayor had occasion to leave during the course of hearing
testimony both pro and con in this particular matter.
Rev. Gibson: Let me tell you the time I left nobody could go do what I had to do for
Me. (laughter). You need to be aware that there are speakers in this building too'
that we could hear what's going on even though we aren't sitting here.
Mayor Ferre: Alright, Mr. Knox, anything else you wish to add?
Mr. Knox: No sir. You asked whether or not there was a motion?
Mayor Ferre: Alright, Now I will ask if anybody in this Commission wishes to proffer
a motion on this resolution as read?
Mr. Reboso: I move it,Mr. Mayor.
Mayor Ferre: Alright, Commissioner Reboso makes the motion. Is there a second to
the motion?
Mrs. Gordon: I'll second the motion based upon the recommendation as we've heard
from our City Attorney that we are in a posture that would permit us to take this
action. I second the motion.
Mayor Ferre: Alright, based on the motion that was made and duly seconded. Is there
further discussion? if not, call the roll.
/-
The following resolution was introduced by Commissioner Reboso, who moved
its adoption:
RESOLUTION NO. 77-562
A RESOLUTION REVOKING CITY OF MIAMI LICENSES
ISSUED TO M.B.F. THEATRES, d/b/a (1) UNITED
THEATRE, 7829 N.E. 2nd AVENUE, MIAMI, FLORIDA,
AND (2) LITTLE ADULT THEATRE, 184 N.E. 79th
STREET, MIAMI, FLORIDA.
(Here follows Ludy 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
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J.L. Plummer, Jr.
ABSTAINING: Mayor Maurice A. Ferre
ON ROLL CALL:
Mayor Ferre: So that I would not in any way jeopardize the proceedings, since this
matter has passed. Mr. Knox, this item is now passed four (4) votes in favor and if
I abstain from voting it would automatically pass wouldn't it?
Mr. Knox: Yes sir. You would have an affirmative vote of 3/5 of the Commission.
Mayor Ferre: Alright, so at this point it would be perfectly acceptable for me to
recuse myself. Is that correct?
W. Knox: Or to abstain from voting on this matter.
Mayor Ferre: To abstain from voting so that there would be no judicial impairment
in the future of this item if it were brought before a judicial process. Is that
correct?
Mr. Knox: Yes sir.
Mayor Ferre: Under that basis then 1 will not vote on this item,
Mr, Plummer: I t one just Add to the record Mr, Mayor, Based upon,.in' affirmAtive
114 _ I I 1 I 1 tl 1Q77
vote ! was based upon that information
information is that the basis of guilt or
that of a license being produced, that is,
(B) that which is a conviction which also
supplied to me by the City Attot:ey. That
the basis of revocation is on two iten ,
to the owner of the property, and number
has been furnished.
Mayor Ferre: Alright this item passes by (4) votes,
Mr. Sterbenz: Mr. Mayor, then we would ask that you affix a time, affix the length of
time for the revocation.
Mayor Ferre; Alright, that's something that the Commission will have to do. What's
the will of this Commission?
Mr. Freeman: May I be heard before the Commission votes in that particular matter?
Mayor Ferre: Yes. Go ahead.
Mr. Freeman: I should point out again that the Assistant'City Attorney in this regard
has pointed out that the City Commission has some sort of discretion to pick, whatever
sort of requirement he or she may feel appropriate. Again, there are no standards set
forth in the statute in the city ordinance 30-11 for you to set any time limitation
involved. There is no sort of standards to say whether it should be for 5 days, 5 min-
utes, or 5 months. Are you talking about the appeal before the Florida
Supreme Court sir?
Rev. Gibson: Yes sir!
Mr. Freeman: I would anticipate on past experience that you were talking approximatel''
7 months. The Supreme Court Case at ttlis particular posture is in a position where the
record on appeal is due to be filed and within 30 days. Our brief are due, as soon as
the briefs of the appellant MBF THEATRES, INC.
Mr. Beboso: Seven months from the time that you file the appeal?
Mr. Freeman: I'm talking about approximately (7) months from today's date and it is
not a specific time limit by any means. It could be disposed of within the next five
weeks or it could be disposed of within the next five years.
Rev. Gibson: Suppose we gave you the time to run concurrent with the court action?
Since you said it can be ...
Mr. Freeman: I would oppose that,_but if that is the position of this Commission.....
Rev. Gibson: No, no. Let me tell you what the position -is: You` are saying to me _
that it can be five weeks.
Mr. Freeman: Yes sir.
Bev. Gibson: And, it's also true I can say seven months.
Mr. Freeman: That's what I said five weeks and five months.
Rev. Gibson: So all I'm saying to you is would you consider us unreasonable if we
say it will run the course the time that it takes you to get your appeal through?
Mr. Freeman• Are you saying that the revocation would continue until such time as
•the appeal is completed sir?
Rev. Gibson: That's what I'm talking about.
Mr. Freeman: I would consider any revocation by this board unaccepatble.
Rev. Gibson: But isn't it true that if you violated the law that you ought to pay the
consequence of it?
Mr. Freeman: If in fact we did violate the law sir, yes.
Rev. Gibson: But, I'm not determining... The court has determined that you violated
the ordinance.
Mr. Freeman: And, that is our argument sir, that it's up to the Florida Supreme
Court to determine *itsuch.
ev. Gibson: Well, until such. Let me tell you where Gibson is. Until such time
as the Supreme Court said that this court is in error, I must therefore rely upon
this court, That's the judicial process, You're talking to a guy who went to law
JUL 141977
echool for one day.
Mayor Porte: Alright, Is there a motion then?
Mr. Reboso: I move that we give seven (7) months teaxitnurn.
Mayor Ferre: Is that reasonable and acceptable? Is there a second to that notion'
Rev. Gibson: Mr. Mayor he said it takes approximately seven months ...
Mr, Freeman: It could be.
Mr, Reboso: Not more than seven months.
Mrs. Gordon: It could be more.
Rev. Gibson: Alright, seven months. Go ahead.
Mayor Ferre: You want to make it concurrent?
Rev. Gibson: I go for concurrence. What if he gets it done in five weeks? Ok.
Mr. Sterbenz: Mr. Mayor, in rebuttal to what Counsel has said. I would just like
to suggest that this proceeding itself will be undoubtably subject to an appeal in
_successive courts, And, I may add this one point. In this particular case you have
two convictions/as compared to one,of the corporation itself which operates two
theatres. on behalf of our work in the matter we would ask a full years revocation.
Mrs. Gordon: Would you amend that,Mr. Reboso?
Mr. Reboso: For one year.
Mrs. Gordon: Second .
Mayor Ferre: Alright, the motion now is that the matter be revoked for a one year
period. Is there a second to that?
Rev. Gibson: Second .
Mayor Ferre: Seconded by Gibson. Alright, is there further discussion?
Mr. Plummer: Only a question. Doesn't the license run out the 31st of December?
Mr. Sterbenz: Yes sir, but we have adjudicated cases in the past on that same point
where even a license revocation proceedings were going on almost simultaneously with
the change of license year and our cases, our own City of Miami cases have held that
you can proceed with revocation in this manner.
Mr. Plummer: But, January lst,if there was never this hearing they could not get a
new license, correct?
Mr. Sterbenz: Well, there's at new ordinance preventing a new procedure for issuance
of this particular type of license. Of course, it wouldn't be applicable to these
establishments while this revocation was effective. Now, just as in any other matter
a gounsel has his various remedies which I need not go into about stays and superseding
and all this business of the effect of the order.
Mayor Ferre: Alright, the motion has been made and duly seconded. Is there further
discussion? If not, call the roll.
*THE PRECEDING MOTION INTRODUCED BY COMMISSIONER REBOSO AND SECONDED BY VICE -MAYOR,
GIBSON WAS PASSED AND ADOPTED BY THE FOLLOWING VOTE:
AYES: Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
ABSTAINING: Mayor Maurice A. Ferre.
ON ROLL CALL:
Mayor Ferre: For reasons previously noted/1 will abstain from voting on this item,
W. Knox: Excuse me Mr. Mayor, with the permission of the CommissioneI must catch
the last plane to Washington,D.C., because I have an appointment tomorrow morning with
e Justice Department and that plane leaves in approximately 30 minutes, With your
na
Ain i 41974
permission 1'l leave,
Mayor Ferre: Xou better moVe quick and don't get a ticket on your Way,
Mr, Knox: Bob Clark will occupy the City Attorney's chair for the rest of the evening,
Mayor Ferre: Alright Mr, Clark we're honored to have you in the City Attorney's
seat. I'm sure you'll carry on properly. Now, what do we have before us?
Mr, Freeman: The next item on the agenda would be the revocation of the licence
of SAL ENTERPRISES, INC. As a clarification, has the resolution which was tendered
by the City Attorney in this regard has it been passed in its entirety? The
resolution which was handed to the City Commission, has that particular resolution
at this time been passed?
Rev. Gibson: Yes.
Mts. Gordon: Which one are you hearing next?
Mr. Connors: Bal Enterprises, Inc.
Mayor Ferre: What's their address?
Mr. Connors: Doing business as (d/b/a) Eros Book Store of Miami, 301 N.E. 2nd
Street, Miami, Florida and Barry Libanoff, 301 N.E. 2nd Street is the Resident
Agent.
Mayor Ferre: Is that the one where I'm involved directly?
Mr. Freeman. No sir.
Mayor Ferre: N.E. 2nd Avenue?
Mr. Freeman: Not to my knowledge.
Mayor Ferre: Ok.
Mr. Connors: Alright. The procedure will be the same in this. We will call
Mr. Sekan to identify the license holder and the license, have it introduced, Intro-
duce the certified copies of the convictions and allow Mr. Freeman any opportunity
to rebut anything that he cares to.
Mr. Freeman: Again, in order to expedite these proceedings, in order to save time
with the Commission's permission I will re -adopt at this time and re -allege all
arguments in opposition to these proceedings that I have at this time asserted on
behalf of my client MBF THEATRES,INC. I will at this time assert the identical
arguments as far as the opposing of these proceedings on behalf of my client BAL
ENTERPRISES,INC. with this Commission's permission.
Mayor Ferre: That's entered into the record and you can proceed.
Mr. Freeman: Well, for the record none of the convictions on BAL ENTERPRISES are
now on appeal though. No, I'm not talking about as far as the specific facts of
the case. I'm talking at this particular time strictly with those arguments I
made as far as procedural safeguards,etc. that have been made as far as my previous
client MBF THEATRE,INC.
Mr. Connors: The City's first witness will be Mr. Sekan again.
Mr. Freeman: Again, I need a clarification or I will have to go through everything
again. Does the Commission accept,not necessarily accept in the sense of agreeing,
but do they accept for the purposes of BAL ENTERPRISES,INC. the arguments I made
opposing the proceedings of this date?
Mayor Ferre: Alright, Mr. Clark?
Mr. Clark: I think cognsel is asking the chair to consider that he has a standing
objection carried over from the previous hearing and I think we ought to have the
record reflect ..., his name and that he is making it on behalf of
Mr. Freeman: Yale T. Freeman, Law Offices of Hirschhorn and Freeman, on behalf of
13AL ENTERPRISES,INC, which is doing business as (d/b/a) EROS BOOR STORE, 301 N.E.
end Street, ,goes the Commission accept my standing objection?
JUL 141977
M Clark: The Commission is free to accept it.
Mayof Ferre: The answer is yes on the record, you can now proceed. Your standing
Objection is duly recorded and.noted in the proceedings.
Mr. Freeman: Again, we're here on behalf of BAL ENTERPRISES,INC. pursuant to that
directive issued by the City Manager requiring us to be here this date, setting forth
four separate counts, four separate convictions.
Mr. Connors: Will you state your name and official position please, Mr. Sekan? You've
already previously been sworn. Is that correct?
Mr. Sekan: Yes that's correct. Andrew Sekan, License Inspector with the City of Miami.
Mr. Connors: Alright. How long have you been so employed, Mr. Sekan?
Mr. Sekan: 24 years.
Mr. Connors: Ok. In the course of your employment have you ever seen the enterprise
known as BAL ENTERPRISES,INCORPORATED licensed by the City of Miami Licensing Division?
Mr. Sekan: Yes. We have their license as well as the application for Eros Book Stores,
who is the parent corporation of Bal Enterprises, Incorporated.
Mr. Connors: The license is issued to whom sir?
Mr. Sekan: To Eros Book Store.
Mr. Connors: Eros Book Store. What's the number of that license?
Mr. Sekan: 33867.
Mr. Connors: When was it issued?
Mr. Sekan: December 8, 1976.
Mr. Connors: Are you the custodian of those records, sir?
Mr. Sekan: Yes, I am.
Mr. Connors: Alright, would you bring them over the the City Clerk please after
letting Mr. Freeman examine that record also please?
Mr. Freeman: I would have the sane objection as to the past license in this particular
matter.
Mr. Connors: I'll ask the City Clerk to mark that as City's Exhibit "A" again.
Secondly, I'm going to show to Mr. Freeman now certified copies of four convictions
as outlined in counts 1,2,3, & 4 in the notice of hearing that he and his client
received. The City Commission also has copies of those, but not certified, court copies.
Mr. Freeman: Before we get to the introduction of those particular alleged convictions,
I would note that the license which hASbeen handed does not have nor does it pertain
to an enterprise known as BAL ENTERPRISES, INC.
Mr. Connors: I'm sorry I didn't understand that.
Mr. Freeman: The license which you have been handed a copy of has been issued to Eros
Book Store. There is no legend on this particular license that BAL ENTERPRISES,INC.
is in fact the holder of that license, so noted.
Mr. Freeman: I have read the documents which have been given to me by the Assistant
City Attorney in this matter.
Mr. Connors: At this time we would ask that the City Clerk mark these as Exhibits B,C,
& E for the City.
Mr. Freeman: Again, I would make the same objections as made previously as to the intr
uction of these certified copies of the convictions.
Mr. Connors: I have another question or two of Mr. Sekan. Mr. Sekan I'm holding,..
Mr. Freeman: Before he answer, .1 would object again being that he was dismissed at th,
time. The witness Sekan that is.
Mr. Connors: Noting that we're in a quasi-judicial proceeding, I don't feel that it's
improper to call back a witness at this time. Mr. Sekan, you"ve.shown to me a white
document, would you explain to me what that it please?
98 JUL 14 1977
Mr. Seim: Yes. /hi s is the original application that was filled out by the
resident agent of WI EMTUPAInSi INCORPORATtibi d/b/a MOS 1106k SToRt.
Mr. eftherat And it is the original applieation whith results ih what, sir?
Mr. Sekant st is. It's the original application which resulted In the issuance
of a license for Ms WM Mgt at 301 N.E. 2nd street.
Mr. Connors: What was the number of that license -that was issued?
11111111111111 111111111111P1
Mr. Sekant 33867.
Mr. Connors; Does that application contain a hwre BAIL ENTERPRISES anywhere on it?
Mr. Sekan: Yen,it dose. We requested the name of the person from n corporation
and that was printed in BAL ENTERPRISES,INCORPORATED. It also given the offirtrs
of that corporation on the third line of that application.
Mr. Connors: Thank you1sir.
Mr. Freeman: As to this particular document were you present when that was
executed?
Mr. Sekan: Yes. In this case I was present, yes.
Mr. Freeman: And was this particular information sworn to?
Mr. Sekan: No/it isn't necessary until our new ordinance goes into effect to have
the notarized application.
Mr. Freeman: Nothing further.
Mr. Connors: Would you deliver that document to the City Clerk please, and I'm asking
the City Clerk to mark it as City's Exhibit "F' At this time I would like to move into
evidence all of the documentary evidence that has been submitted to counsel.
Mr. Freeman: Note my previous objections.
Mr. Plummer: Let me ask a question. In this particular case are we moving toward
a business or an individual or both?
Mr. Connors: At this time we're moving against BAL ENTERPRISES,INCORPORATED that
is doing business in the City of Miami as EROS BOOK STORE. Eros Book Store has been
convicted, BAL ENTERPRISES has been convicted,on one occasion of unlawful possession
of obscene material/that was on August 31, 1976. On three other occasionsr a clerk
employed at the Eros Book Store which is owned by Bal Enterprises was arrested and
subsequently convicted of unlawful sale and possession of obscene materials.
Mr. Plummer: But we're not moving against the individual.
Mr. Connors: No,we're not ;roving against the individual. We're moving against the
license itself. We would ask Use license be revoked.
Mr. Plummer: Ok.
Mr. Freeman- Is the City resting at this time as far as presentation of evidence?
Mr. Connors: With the exception of the resolution which will be introduced.
Mr. Sterbenz: This resolution similar to the previous one...
Mr. Freeman: Again, I believe the City might be permature in its presentation of the
resolution.
Mr. Sterbenz: I'm sorry have you finished?
Mr. Freeman- No sir I have not . Again, I ask the Commission whether,at this particular
time it is necessary in their opinion for Bal Enterprises,Inc. to present any sort of
argument or testimony on behalf of their position?
Mrs. Gordon: A l the attorney is there any evidence that's different than
the previous case that was heard? Do you have anything to present that.is different
than you presented before?
Mr. Freeman: Yes ma' am, there i E, substantial.
Mrs. Gordon: Well,then I think you ought to present it.
Mr. Freeman- Well my question is, is the Commission saying at this time there is
sufficient evidence before it to revoke the license?
Mrs. Gordon: I asked you if there was evidence you wished to aresent,sirie then present
it.
Mr. Freeman- Yesrma'am,there is evidence. However, being that this is a queeivsjudiciai
proceedingII'n put in a position of possibly not having to present any evidence, if in
fact this Commission does not think there is sufficient evidence before it to revoke the
GO
sail w A ilf1/11
license.
Mrs. Gordon: I don't wish to preclude you from presenting whatever you wish to
present if it's different than you presented before.
Mr. Clark: Mrs. Gordon, at the end of any person who has a burden, the opposing side
normally would make a motion hoping that the tribunal or the fact finder would find
that an absence of prima facie case had been made. If I'm not mistaken, Counsel is
going through what he considers to be a necessary motion to make so that he can
.ver be accused of not making that motion and conceding the fact that there had
been a prima facie case made.
Mrs. Gc.rdon: Nor do I wish him to conclude that we have prejudged.
Mr. Clark: The denial of the motion would in no way deny his opportunity to
proceed further. This is a motion that's a standard motion and no Counstel would
proceed without making it.
Mr. Freeman. And, I agree with that position. Again,does the Commission feel there
is sufficient evidence to proceed in this regard? The Commission at this time could
decide that a prima facie case has been made out, in effect, that the license could be
revoked. The burden could still be swung back in favor of Eros Book Store if
sufficient evidence was presented.
Mr. Plummer: Since everybody else is confused, let's see if I can take the bull by the
horns. Based on the criteria set forth in the City Attorney's memo. Number one, was
there a license issued? In my case, yes. Is there a conviction of the business?
The answer is yes, and that is sufficient for me in this particular case to state the'
there is grounds for revocation. (period)
Mayor Ferre: Alright. There is...
Mr. Clark: Mr. Chairman, all he is doing is denying the motion that was made by
Counsel. Counsel now will probably proceed further if I'm not mistaken.
Mr. Freeman: Yes, sir that is correct.
Mayor Ferre: Alright then proceed further.
Mr. Plummer: Excuse me. Just so we don't have any misunderstanding,Mr. Mayor,I was
expressing my opinion. Maybe by silence ... the rest of the Commission has a
different opinion than ...
Mayor Ferre: I don't think so,Mr. Plummer. I think the fact is that you expressed
your opinion,I think you speak for the whole Commission and I think... Now the
procedure is for the Counsel to present his position and then I'll recognize you
to express your opinion again in the form of a motion. Alright, so you proceed.
Mr. Freeman: Thank you, sir. I think it's important for the City Commission at this
time to look at the formal set of charges which•huvebeen levied against Bal Enterprises,
Inc. being counts 1,2,3, & 4. Count 1 that on June 4, 1976 there was a charge and
on August 31,1976 a conviction of a violation of Florida Statute 847.011. Our argument
as to count 1 is that this particular violation occurred prior to the issuance of
the license which is presently under consideration for revocation. The license in
this matter through the testimony, as well as the license which has been introduced,
was issued on December 8, 1976,several months after this particular arrest or charge
and conviction was entertained. The City has since issued a license to this particular
establishment, once this particular establishment had sustained a conviction. The
license here involved does not fall within the conviction -that is entertained under
count 1 of the charges herein.
Rev. Gibson: Counsel is that correct?
Mr. Freeman: That's correct but there is no legal requirement at this time that the
conviction occur_in the licensing year. This is the first time the City has proceeded
against them and also in the particular ca o ook Store the license was
issued for the 75-76 year as well as 1977. *Againn, it is immaterial on our position
as that this license was issued, in the upper right hand corner as well as the page
stamp will reflect that the license was issued by the City Licensing Department
several months after the alleged conviction in this matter.
Rev. Gibson: Am I to understand that you were then operating without a license
all that :time?
Mr. Freeman; Apparently, there was a situation in which the City Manager for over
two Years was holding all licenses pertaining to adult took stores, movie theatres,
JUL 1412
etc. No licenses were issued to these establishments during these years based upon
the City Manager's examination of same.
Rev. Gibson: You're saying that you then were operating without a license.
Mr. Freeman: What I'm saying is that we had tendered monies and had applied.
No license was issued at that time.
Mr. Connors: Rev. Gibson, we have a representative of the Licensing Bureau here Vho
could probably explain it very quickly.
Rev. Gibson: Please explain, because I don't understand how you can operate in this
City without a license.
Mr. Sekan: Rev, Gibson, at the time that the payment was made back sometime in 75
for that 75-76 yearithe money was held in our suspense file pending approval of the
City Manager's Office and because of some delays or whatever,they were operating the
businesses based upon the payment of the license fee,then when that renewal period
would have come up as of October 1st of 1976-which would be for the current year of
76-77-they again paid their license fee for this current year. Well, that money again
was held up until the approval was given,which in this case turned out to be December
8 of 1976. so, in essence,they had paid their fee over a year before the licenses
were issued but it was just more or less a policy matter until all the information
was given to the Licensing Division to issue to the license.
Rev. Gibson: In other words, they were operating with an understanding that if all
went well the license was automatic ...
Mr. Sekan: That is correct,they were..when they paid their fee they more or less
operated on the premise that the license would be issued upon completion of the
application with information.
Rev. Gibson: Let me ask you a question. Did you get any of that money back?
Mr. Freeman: No" sir.
Rev. Gibson: So,what you're really telling me is you paid for that year, you used
up the year anyhow.Isn't that what that is7
Mr. Freeman: What I'm saying is the license which is before the Commission today
was issued after any violations occurred. It's immaterial whether or not there was
a license issued before or not. The fact is that the City Manager's Office withheld
issuing licenses and subsequently did in fact issue licenses.
Rev. Gibson: But isn't it true that you were running the business?
Mr. Freeman: I, sir no was not. .... in the City Manager's Office and we were
operating with the approval of the City of Miami.
Rev. Gibson: I understand. I understand.
Mr. Freeman- Is there any further rebuttal as to Court I of the charges?
Mx. Connors: No, there is nothing further on that. There was a conviction of:the pre-
mises that had paid a license fee to the City. The Manager at that time did not have
the authority to refuse to issue the license nor did the Licensing Bureau have the autho-
rity, as it now does under Chapter 66, to occasionally refuse.
Mrs. Gordon: With regard to your complaint of item "B" of June 4th according to the
resolution lettering you don't find the same time element though on C & D. That's
in this license here.
Mr. Freeman: 1 don't know what you're referring to A,B, & C.'I have 1,2,3 & 4. Are
you referring to the counts?
Mrs. Gordon: Counts, October 7th.
Mr. Freeman: The next one item #t2 is October 17, 1976, 1 have a different position
as to those.
Mrs. Gordon: Ok.
Mr. Freeman: My position as to Count II is that the documents which have been entered
into evidence in -this particular matter do not support the allegations in Count II.
In fact,Count II alleges October 17, 1976. In fact,the documents which have been
introduced show October 17, 1975, which is even longer ago. Furthermore,it shows
and charges in this particular statute a violation of Florida Statute 47.011, The
charges which are set forth in the particular documents and convictions are a
violation of Florida Statute B47,011. Again, we are here pursuant to a specific
charging document and any evidence which has been presented in this regard must
conform to Count II in order for this Commission to sustain the four convictions
which the City Attorney's Office has requested at this time. I would further in-
corporate the argument and alternatively that if the court accepts the documents
rather than the charges that have been made herein, that again we are substantially
before. We are all the way back to 1975 for violations by the particular establish=
ment. Furthermore, the violations occurred by one Catalino Soto Millen. Not the
license holder in this particular case and again the license holder should not be
bound by any conviction of a particular employee on the premises.
Mr. Connors: The City Attorney's Office can establish that Catalino Soto Milian
was an employee of Bel Enterprises,Inc. d/b/a Eros Book Stores. At the time of
the arrest 2 would like to call Officer Banish to the stand at this time.
Mr. Freeman:.1 would point out that the City has rested in all material respects
in the presentation before this Commission and they have precluded at this time,
especially being that we as the respondents in the matter have entertained argument
and presented evidence on our behalf.
Mayor Ferre: Mr. Clark?
Mr. Clark: Mr. Chairman you're not in a court of law. You are acting in a fact
finding capacity and the prejudice or a lack of it, the discretion as to the art of
the proceding allowing someone to re -open his case is entirely with this Commission.
With respect to the charges and the discrepancy if the document itself has harmed or
mislead the respondent then this is a factual decision. If you find that there was
no harm done and the amendment to correct the charge with the proof you can make that
amendment as well.
Mayor Ferre: Alright. The chair rules that you are permitted to present whatever
evidence you feel that is necessary to further this case.
Mr. Connors: Alright, the City would like to call Detective Barrish please.
Mayor Ferre: Detective Barrish.
Mr. Connors: Would the Clerk swear the witness please?
Mr. Ongie: Raise your right hand. Do you solemnly swear to tell the truth in this
case so help you God?
Officer Barrish: 2 do.
Mr. Connors: Would you state your name and your official position please?
Officer Barrish: Officer Michael Barrish, City of Miami Vice Squad.
Mr. Connors: How long have you been so employed as a Police Officer Detective
Barrish?
Officer Barrish: Since May of 1972.
Mr. Connors: How long have you been working in Vice?
Officer Barrish: A little over 3 years.
Mr. Connors: Are you familiar with a location in Miami called the Eros Book Store?
Officer Barrish: Yes sir.
Mr. Connors: Are you familiar with any of the employees of that bookstore?
Officer Barrish: Yes sir.
Mr. Connors; Are you familiar with an employee named Catalino Soto Millen?
Mr. Freeman: I would note at this particular point and time an objection to the
term employee. His purpose to being called is to substantiate that he was an
employee and until such time I would move to strike as far as the record is concerned
any remarks by Mr. Barrish, as well as the City Attorney pertaining to his employment
established. Until such time as his employement has been established through this
particular witness.
102 JUL 141977
MAydr tatket Mri Clark?
Mrtiarkt If the Cdthiesiori will allow itt, thihk you bhould hear with touriael.
and Accept hit admonition, grant his MeitiOn to Strike and kaap ih tuba that tha
eMployMent and the identity and the statue of the ihdittidUal iS Ah iAtile tar you
tb determine factually.
Mr. COnhorst 1 withdraW the qtletti0h,
Mayor Ferret Alright. The Matter has been WitharaWn Which take e dare of it§elfs
Mr. Connors; bo you know an individUal hate Cataliho Sett) Mill:ark?
officer Barrish: -Yes Sir.
Mr. Connors: Where do you know him from?
Officer Barrish: 1 know him froM working at Eros BOOk store at 30l Net. 2nd ttreet,
Mr. Connors: When was the first time ifyou recall you encountered him at that
Officer Barrish: 1 believe that was in October of /5.
Mr. Connors: What was the circtiMstahces of that encounter?
Officer Barrish: On this particular occasion I was working in tindercOver capacity
and I went into the store and I bought some material.
Mr. Connors: What store was that?
Officer Barrish: That's the Eros Book. Store.
Mr. Connors: Where was the location?
Officer Barrish 301 V.E. 2nd Street, 1:11am4
Dade County',
F3.orida.
Mr. Connors: Go on.
Officer Barrish: And, I bougnt a movie rilm arid I also bought a magazine.
Mr. Connors: From whom did you purcLsse that? •
Officer Barrish: From Mr. Soto,
Mr. Connors: Alright. What happened next?
Officer Barrish: Well, he subsequently, there was adjudication of guilt referenced
this purchase and Mr. Soto was convicted.
Mr. Connors: Did you arrest Mr. Soto at that time?
Officer Barrish: Oh yes, I arrested him on that day.
Mr. Connors: What was that date?
Officer Barrish: October 18, 1975.
Mr. Connors: Alright. Do you recall anything that occurred at the location of
301 N.E. 2nd Street, Miami, Florida on the date October 17, 1975?
officer Barrish; I believe l'm involved in two of these cases and the other case
being on that involves poa machines.
mr, Connors: involves What?
Officer Barrish; Feek machines,
mr. Connors: What's a peek machine?
14r, FrOOMATP Again,I don't think this 4-;$ Patorz.41' St 411,the Procsedings which -if
befOre the cOmmisslon at th44 tim'O. ;WOW tO strAo Ow qusstion at this Point-
, 4
,and PbJect to said eeleetiPP, I•
_
r-
„ •
Mr. Connors: I withdraw the question at this time. Did you ever have any other
encounters with Catalino Soto Milian at the Eros Book Store in Miami?
Officer Barrish: Yes sir I did.
Mr. Connors: Would you tell the Commission about that encounter please?
Officer Barrish: Again, I was working in an undercover capacity on June 4, 1976
and I conducted an investigation at the store wherein I viewed various of their
peek machines also known as Mini Movie Machines, wherein you put in quarters in
view films that are projected upon these machines. There is a total of seven machines
of which I've prepared an affidavit against them. They were subsequently confiscated
and Mr. Soto was convicted again in possession of these films.
Mr. Connors: What was Mr. Soto doing there on June 4, 1976?
Officer Barrish: He was in charge of the store, An employee working behind the
counter.
Mr. Freeman: Again, I will object as far as the conclusion
Mayor Ferre: Objection noted. Proceed.
Mr. Connors: I don't have anything further.
Mr. Freeman • I have nothing.
Mr. Sterbenz: Your honor, well, I think the Count II has been sufficiently amended.
0n the advice of the Counsel for the Commission Count II has been amended to read
October 17, 1975. We have this resolution before you your honor that's similar to
the previous one.
Mr. Freeman: I might point out there are two more accounts still...
Mr. Sterbenz: Oh, I'm sorry I didn't mean to rush you.
Mr. Freeman. Thank you sir. As to Count III, again I will point out it was in October
18, 1975 arrest with a March 1, 1976 conviction. Again, a license being issued several
months later. Again, the license before this Commision being on December 8, 1976.
Again, the allegation that it was a Clerk, Catalino Soto. Again, not proven by the City
at this time. Again, a violation of Florida Statute 47. 011 and I might point out to
the Commission that Florida Statute 47.011 is in fact a venuestatute pertaining to
when and where actions can and maybe filed in the courts of this State of Florida.
Mayor Ferre: Alright, I think the Commission has heard the evidence.
Mr. Freeman: I might point out there is Count IV in this particular charge. Possibly
the City is a little bit over zealous in revoking the licenses here today. Count IV
states on June 4, 1976 again a Clerk, Catalino Soto Millen was working at a particular
store and he was found guilty in August 31, 1976. Again, there is no proof before
this court, before this tribune to substantiate Count IV. Furthermore, the particular
violation was not of a license holder and third and most important is that this violat-
ion occurred before the issuance of this license. That is all.
Mr. Sterbenz: Your honor as I've said the similar resolution is before you. Let me
just say one thing. Of say, eight matters that we have this is the second of three
that we feel should appropriately be brought before you today. All the others have
made a request for a continuance. Now, the requests that are made if made in the
court of law has been our experience the chances are they would be granted. What I'm
saying is in the interest of your time and the interest of the hour getting a little
late, After this case we will proceed with the third case and that would complete our
presentation today. At that point I would ask that if you're disposed to grant the
continuance we feel that that maybe appropriate we would think that some sort of a •
date be set. I understand the _next City Commission agenda is quite full. I don't
if you're disposed to have a separate hearing on these matters but there will be five
or six of them to go after this.
Mr. Freeman: I'm willing to turn the floor over so that those other scatters might
be taken before we conclude our particular matter.
Mr. Sterbenz; No,I'm sorry I just wanted to make that announcement in passing so that
you didn't think that we planned to go here til 12 midnight, on and on ... on this
matter. Getting back to the case that is before your honor. The resolution is exactly
Similar to the other one except for the specifics as to the convictions....
JUL 141977
yor 'erne: Alright, There's a s;esoltition in waiting before u§ that te&de..''A
Restilutipn revoking City of Miami License issued to Bel EritetPtises, liic
, d/b/a
Eros Sook Store of Miami, 301 N,E, 2nd Street, Miari, rlorida," Is there a ittotioh
oh this resolution?
M. Pluto er: Well, let ine ask a question, What is the difference, Mr. City
Attorney, Florida. Statute 847,011? What does that Statute relate?
Mr. Clark: Mr, Plummer is indicated that
compare the citation in Count 1, 847,011.
indicating to you a citation, Unless I'm
Statute 847.011, I correct?
Mr, Sterbenz All the charges are for 847 .
profanity. 847.011 parti.cuarly, 'the tittle
ion with obscene, lewd, and eo on material,
Mr. Plummer:
with respects to the amendments if you
with the subsequent citation of 41►011
mistaken the reference is to Florida
Chapter 847 is entitled obscene literature,
is Prohibition of certain acts in connect
penalty. That's what 847 is about.
So in other words, this that one here is wrong.
Mr. Clark: No, the first one is rightand the second and third ones are wrong.
Mr. Sterbenz: No they're allessentially—. they're all right. I mean we track
what they had in the actual conviction in the County Court. They're all right. They
refer to particulaz bections of Chapt:er. 847.
Mr. Plummer: Well in Count 11 it says 47.011.
Mr. Sterbenz: Tha
847
Mr. Plummet:
;just is a slight typographical error.
And, likewise i1r
Mr. Sterbenz: Yes sir,
Mr. Plummer: So what yoci`r
Mr. Sterbenz: Yes six.
Mr. Freeman
ou17t TI1, correct.
doily is correcting that.
We amend that to read
1'h 5ou uery much for helping us.
1 sho;:lcd note that if,in fait, the City is correcting at this particular
time the said correction ctties too late in these proceedings.
Mayor Ferre: Alright, we have a t+.otion before us. Does anybody wish to move this
motion? Mi. Clark?
Rev. Gibson: Cou►,ci:l, was the violation or the law according to the Code?
Mr. Connors: In my opinion.
Rev. Gibson. No, no. I'm not worried about your opinion. I want you to tell me
was there a vi.ol.ation of the law according to the Code?
fir Connors: According to the certified copies that have been introduced at this
time violations occurred on the premises yes sir.
to make so that you don't think we're being
, I mean it shouldn't make a whale of a lot
or a 6 or 7. We're talking about the same
Rev. Gibson: Alright; The point 1 want
unfair or not sensitive,whaat difference
of difference whether there's a 4, or 5
case. lsn't that right?
- Mr. Connors: No sir.
Rev. Gibson: We aren't?
Mr. Connors: The reason .it *portent is because of the atatemente that, this
Commission has ,Wade SO t4r and the position of the City Attorney i-s that this
tribunal might seek to revoke for a longer :period of time based upon multi oonviCt3.QnS
rather than oue conviction,
Bev. Gilson:
Mt:'. Conners:
Bev, Gibson;
the mot on.
Mayor rerret Alright, 'pathet Gibson Wives the resolution tevokiftc City of Mani
License to Bel Fiiterptises, d/b/a Eros Book Store of Miami, 30i M.F. 2nd Street,
ilia ni, i lorrida. zs there a second?
Mti.Reboso: I second it.
Mayor Ferre: Seconded by Commissioner Reboso. Is there further discussion? If not,
call the toll.
The following resolution was introduced by Vice=Mayor Gibson, WhO iadVed
its adoption:
RESOLUTION NO. 77-563
A RESOLUTION REVOKING CITY OF MIM4I LICENSE
ISSUED TO BAL ENTERPRISES, INC., d/b/a EROS
BOOK STORE OF MIAMI, 301 N.E. 2nd STREET,
MIAMI, FLORIDA.
(Sere follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote -
AYES: Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
ABSTAINING: Mayor Maurice A. Ferre
ON ROLL CALL:
Mr. Plummer: Based on the criteria set forth in the memo of the City Attorney
I find both cases to be proven. I vote yes.
Mayor Ferre: I abstain for the same reasons as stated previously. Alright, now
we need to set the time.
Rev. Gibson: Mr. Mayor I vote to give to give him the same time seven months.
Mr. Plummer: Whoa.
Rev. Gibson: One year.
Mr. Sterbenz: Yes sir that would be our recommendation.
Mr. Freeman: Before the vote on that particular issue. I would like to clarify
that apparently Commissioner Plummer has made reference to memo's and documents of
which has been provided to the Commission in this regard. I would like to point
out that the only documents which have ever been served upon us in these proceedings
was a two page document and also pertains to MBF THEATRES,INC. Apparently, I'm now
getting a copy of these particular documents. I'd like the record to reflect that,
but up until this point in time the only documents we have received is a two page
document setting forth in the very beginning of the page before the City Commission
of the City of Miami, Florida and proceeding to set forth four counts and ending with
a notation of service. I would just like that as clarification before the vote as
s, it pertains the actual revocation time period is taken.
Mayor Ferre: Anything else. Father Gibson moves that the date set on this
revocation be one year. Seconded by Commissioner Reboso. Further discussion.
Call the roll.
*THE PRECEDING MOTION INTRODUCED BY VICE-MAYOR,GIBSON AND SECONDED BY
COMMISSIONER REBOSO WAS PASSED AND ADOPTED BY THE FOLLOWING VOTE:
AYES; Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
ABSTAINING: Mayor Maurice A. Perre,
ON ROLL CALL;
Mayo'Ferre; abstain for the reasons stated previowe3y,
106
JUL 141971
Mayor Ferre: Alright, proceed with yorr third proclatation.
Mx. Connote: Alright, the third license holder to be proceeded Agsihkt rouid
be tee Gee,inc,
Mr. Weinstein: Mayor Ferre could you consider a continuance before you take your
break?
Mayor Fevre: Could we continue this thing or you make your __ presentation/
Mr. Connors: I think th . Sterben2 stated our position .46
Mayor Ferre: How long will this take?
Mr. Connors: How long will the rest of these proceedings take?
Mayor Ferre: Yes.
Mr. Connors: That depends on whether the City Commission grants continuances to
all of the people who have asked for them. If not, then we're going to introduce
the evidence without the people being here.
Mayor Ferre: No, no, just for this one last case you have.
Mr. Connors: For Bee Gee ,Inc.?
Mayor Ferre: Yes.
Mr. Connors: He's going to request a continuance.
Mayor Ferre: If it's not granted, how long will it take? Ten minutes?
Mr. Sterbenz: If continuances were to be granted as 1 say we have no objection possibly
before going into the third case we take the continuances and possibly grant them to a
date certain. Would that be in order so these people can go?
Mayor Ferre: Yes that would be .., Eight now we got one case before us.
Mr. Connors: One more case.
Mayor Ferre: Go ahead and do it.
Mr. Connors: We.l.l. I_ was, going to sal your honor may we let these people go who are
asking for continuances?
Mr. Weinstein: I'm up now only for the continuances. I'm not up next. I'm not up
next. I'm up to ask for a continuance.
Mayor Ferre: Alright those of you that are here beyond this particular case we will
not hear anymore than this one more case. Those of you that want to be heard on the
continuance, this matter beyond the case that is about to be presented will be continued
and I will recognize anybody that wants to be heard that feels that he or she should be
heard. Those of you that want a continuance are at liberty to leave we will advise
you when we will continue this and you can come back at that time if you wish.
Mr. Weinstein: Your honor 1 would vary much suggest that we set a date certain at
this time.
Mayor Ferre: The date would be the 28th day of July. At what time Mr. Grassie?
Plummer, we're setting a time now so don't go too fax.
Mr, Grassie: You have a pretty full agenda on the 28th Mr. Mayor. and I don't know what
you would want to set the....
!Mayor Ferre: Not on the 21st,
Mr, Grassie: No you cankt do it then, You can vat it at 6;00 or 7;00 o'clock.
Mayor Ferre: No. No pore.
Mr, Grassie: Flo?
!Mayor Ferre; NOE AO. 2beje fifteen, sixteen hour dAYS are getting, they're getting
to pee. I'm getting old. NO more, Now if you want to hear it we'3l hear it on another
day. We'll pick another day and do that.
nil
11 11 4 I A1°1'1'!
Mr. Weinstein: Mt. Mayor Pette tay t ask, . s t +A sot Pathelt Gibson .
Mayor Ferre: Father Gibson? --
Rev. Gibson: No,no let him,
Mr. Weinstein: I. was just going to ask your indulgence so far as your heft scheduled
meeting is fairly full, if we could have it subsequent to the 15th of August? i will
be gone for that short period of time,
Mayor Ferre: Well, in August we're on vacation this Commission ....
Mr. Weinstein: So am I and that's why I'd like to ...
Mayor Ferre: Well, but the problem is that this Commission is more than just one
person therefore we are on vacation in August. The first meeting in September is
what day Mr. Grassie? The 8th of September. So do we hear it on the 8th of Sept-
ember?
Mr. Weinstein: That will be fine sir.
Mayor Ferre: Is there any reason we shouldn't hear it on the 8th of September?
Mr.Sterbenn We would prefer that it be sooner but if that's your honor's...
Rev. Gibson: Mr. Mayor let me ask ...
Mayor Ferre: Father Gibson?
Mr. Sterbenz: We're getting so close to the new license year then.
Rev. Gibson: But I'm not worried about that. You just revoked some people's license
and these people are going to be operating scotch free for the time. I have no
objection to setting a special date and let's deal with this problem before we go on
vacation. To let this go until September is not fair to the people we just heard and
suspended.
Mrs. Gordon: What about the preceding afternoon to the 28th, that would be the 27th
in the afternoon?
Mayor Ferre: 27th of July?
Mr. Weinstein: Mr. Mayor, if I may point out to the Commission. I know that at least
some of the parties or some of the attorneys that are here or not present the reason
that the continuances were soughtwas because they are and will be out;of-town during
the month of July and if it is the intention and desire of the Commission to hear these
cases in .bank then you're going to have to set them for sometime... You know, I
would suggest certainly that they be set for sometime when everyone will be here.
Otherwise you're going to be in a position of hearing two of them on one day and three
of them on some other day.
Rev. Gibson: Nt. Mayor I say we ought to bear them in the month of July and let all
the chips fall or let these people that you have already penalized, let them go when you
go. I just can't see that. If these people are guilty of the same thing then we ought
to put ourselves. And, you know what I learned about hiring lawyers, man, if you hire
them and you tell them you got to go to court on a certain day they make every effort
to get there. incidentally, my son is a lawyer So I happen to know that.
At. Weinstein: Well, Father Gibson, I might point out to you I think if these motions
for continuances had been entertained by the Commission prior to the inception of this
hearing we would not be in the position that we are in. We asked for these continuances.
We asked that these continuances be heard prior to the hearings on these other cases and
it was the determination of the Commission that the cases proceed and that the motion
for continuances be heard at the termination of the proceedings.
Mayor Ferre: How about July 27th?
Mrs. Gordon: In the afternoon?
Mayor Ferre: Yes, in the afternoon Rose.
Rev. Gibson: July 27th is alright with me.
Mx. P3.uzmner; Let me ask this question? now about the morning of the :let?
108 JUL 141977
tieiatitified Speaker; Excuse me my lawyer is not going to be here until August5th
tit 5th Or 6th.
Mayor perte: Well, what's the will Of this Commission?
Unidentified Speaker: 4th, Sth or 6th. Be might be in the 4th, i teelly don't know
Rev. Gibson: Of August?
Unidentified Speaker: May I respectfully point out that I think the difference, a
(matter of a few days is not going to adversely affect either the community or the
respondent in so far as these places have all been in existence for mmany, many years
and nothing is really going to change. The situation is not going to change dramatically
whether the hearing is held prior to August or subsequent thereto. All of the defendants
have indicated that they be able to attend a September 8th hearing and I don't
think that prejudice would occur to anyone if a reasonable hearing would be granted.
you're going to run into problems with some defendants with different dates. Every
defendant has indicated uniformly that they would be able to attend and properly
prepared at a September 8th hearing which would accord the Commission. It shouldn't
be taken out on the defendants because the Commission respectfully is going to be in
recess during the month of August and a September 8th date would be accommodating all
of the defendants uniformly and to avoid any prejudice to the prior defendant you can
just hold the formal action over on his case until that date if that's you're so
inclined. But what we're asking for - you're dealing --- I understand a great deal of
community pressure involved here. But you're dealing with substantial constitutional
rights of individuals to earn a living,to do business and to have their first amendment
rights protected. Now not withstanding the vocal group that is here today no substant-
ial prejudice would occur to anyone except the respondents by forcing us to an immediate
hearing. Where in September 8th would uniformly accepted to every single...
Mayor Ferre: Well, let me ask you this. As a matter of procedure anyway. We've already
voted on three of these cases and I would imagine what you would do is immediately
seek some kind of injunction and have the court delay any application of these revocations.
Unidentified Speaker: I wouldn't. I don't represent those people.
Mayor Ferre: Well, would you? I would imagine that's the first thing you're going to
do tomorrow morning
Unidentified Speaker: No meztter what happens I'm eventually going to file some sort
of litigation pertaining to this instance today. It's just a question of when.
Mayor Ferre: Well, so my point is whether we hear it in June, July, or August or
September is really meaningless. If in effect we're not going to be able to close down
these places until we go through this whole legal procedure. We've got to go through ,.
this and then we've got to go through the court and then I would imagine if you lose
which you are going to lose you're going to appeait and then I think after the appeal
you're going to lose that and we're going to go to the Supreme Court and you're going
to lose that again. And then you'll probably start at the federal route.
Unidentified Speaker: Well, fortunately I'm not as sure as you are about your position.
However, with all due respect I think your own City Attorney's Office would tell you
that the right to do business cannot be taken away from an individual until there is
full judicial review and so it's a practical matter. The bottomline is that the
businesses are going to remain in effect until this matter has been judicially determined
through the courts.
Mr. Connors: Mr. Mayor I don't believe that the City Attorney's Office would take that
position and there's no guarantee that any circuit court is going to enjoin these
proceedings at this point. That's only the position taken by the counsel for the defense.
Unidentified Speaker: There is no guarantee of anything. I'm not presumptuous enough
to tell you what the courts rule.
Mayor Ferre: Well, what's your recommendation?
Mr. Connors: Personally, I'd like to see it be on the 21st,
Mayor Ferre: 'The only way it can be on the 21st is if he takes something else off
the agenda.
Mr. Grassie: 'That's a klaiuniang G Zoning agenda Mr. Mayor and those are advertised
bearings.
tlrideritified Speaker: Mr. Mayor 1 might point out al@c3 that some of the patties that
have soughtcontinuances have soughthem for specific periods of time and you're not going
to solve anything by scheduling a hearing now for the 21st when you got letters from
Attorneys that say that they are in Washington and won't be back until the 1st of
August becuase you're going to have the people coming in here on the 21st and they're
going to say my Attorney is still in Washington and won't be back until the 1st of
August.
: Mr. Mayor about substantial consitutional rights. Again, not
withstanding vocal participatiorPiembers of the audience. I'm talking about other
members of your community right to earn a living. Other members of your community
who choose to view the materials or to purchase the materials being sold and other
members of your community who are entitled to have their first amendment rights
protected. Again I respectfully, very respectfully point out that the September 8th
date, not only accords the Commission satisfaction, but uniformly every single
defendant, or even a earlier special date in August. If it's that important the
Commission come back in August from your vacation.
Mayor Ferre: Mr. Clark what's your recommendation?
Mr. Clark: Mr. Mayor, it's my opinion speaking for the City Attorney that if the
accommodation of those people who were requesting continuances, if you can accommodate
them and I think the suggestion holding even though you say that the Attorney will
run over to the Circuit Court tomorrow, He could have done it yesterday and I don't
believe if you have any final action go along with the ideal of holding everything in
,abeyance for all parties concerned. I don't think you can . if you're going to
error you'll be :erring on the side of rights and due process. There is only two
"► requirements that you not violate any essential requirement of due process and I think
this would be one way of preserving whatever record you...
Mayor Perre: Alright, so you're talking about September 8th.
Mr. Plummer: What do we do about the two cases we've already heard?
Mr. Ppeeman: I think the City Attorney has indicated that you can hold any action
although the resolution has been passed. That the Commission does have the power to
hold any action on the resolution in abeyance until final determination has been made
of the other cases.
Mayor Ferre: You got to do it to be uniform. You got to be fair. You can't apply
the law to one side and not on the other. You know it's not right.
Unidentified Speaker:
Mayor Perre: Look, you know, let me put it to you this way. No matter how many of
you speak and no matter what you say.... now just listen to me for a second. Just
listen for a second. No matter what all of you together or separately or jointly say
the fact remains that after it's all done and over and this Commission has voted and
if it votes to revoke all of these licenses these people will tomorrow go to the court
and seek an injunctionVreclude the City of Miami from exercising its right in taking
these licenses away and I don't think that there is no judge in this land that would
not give them that right until they have been able to exhaust their full judicial
remedy. And the full judicial remedy in the United States of America the last time I
looked at it was that it can go to the court and then to, the Appellate Court and then
to the Supreme Court of Florida and after they've run that gamut they can start all
over again and go to the federal court and from there go all the, way up to the Supreme Court
of the United States if the Supreme Court will hear it after the Appellate Court has
looked at it. .... Yes,but the Supreme Court has also changed their opinion on
several occasions and all I'm saying is that between now and the Supreme Court you got
a long, long time and it suae.is not going to be resolved by September 8th. In the
meantime these people are going to get their judicial remedy which will keep them open
and there's nothing that this City Commission can do.
Mr. Clark: Mr. Mayor, we do have an unsuccessful effort on a part of one of the defendants.
We've had a Circuit Court deny our grant for an temporary injunction. I see no harm to
the city and I think the credit on the credit side of the ledger as far as protecting our
position before a Circuit Court or any court would be to grant the defendants and preserve
to them their rights by considering favorably their request for a continuance.
Mrs. Rockefeller: Mr. Mayor, how about tomorrow? How about the continuance tomorrow?
Mr. Plummer: Let me ask a question. Excuse me Grace. As I recall is it Freeman?
Mr. Freeman didn't you ask for a continuance?
Mr. Freeman; No,sir I did not.
•
11,.0 JUL 141977
Mre Plummer: Oh I'mn sorry. Ok. I Stand corrected.
Mayor Ferret Grace?
Mrs. Rockefeller: Yes Mr. Mayor, you know we see some of the same attorneys here
Cohen we go before the State Commission to Lake these motels. Wherever there is
prostitution or smut peddlers, the same Attorneys appear at these cases. Now they
always have the same excuses, let's have a continuance, let's put it off, let's
pet... We have so many people down here today. You want to determine community
standards. We have the community standards down here to show you today. And summing
up for the people that did not speak today I can give you their opinion very shortly
if I may borry a phrase from the network. They're mad as hell about this whole
thing. They're fed up with it. They've taken over our community. They've all but
ruined it and I would like to see this Commission go on record as saying you be here
tomorrow you've had ample time to get your clients, get your Attorneys here and let's
get down here tomorrow and finish this job. They're just stalling tactics. We've
been through this with these Attorneys) -ihe man at the microphone right there many,
many times.
Atty. Weinstein: Mr. Mayor, with all due respect to this speaker. First of all, I
think the Commission is well aware that community standards cannot be ascertained by
the vocal support or the parties in the chamber. Secondly, I personally and on behalf of
my colleagues resent the remarks that are made by the speaker wherein she has attempted
to align us with our clients. We are afterail Attorneys. Speaking only for myself.
I have not appeared before this body before. I have not appeared in any matters invol-
ving this particular client before. She has intimated that I have.
Mrs. Rockefeller: No I have not. I beg to differ with you. I said some of you. The
man right next to you has appeared at these hearings before when we were taking...
Atty. Weinstein: Well whether he has or whether he hasn't
has an obligation to represent his client.
Mrs. Rockefeller: I know he's an Attorney. He told me himself.If anybody in this
area like your client passed any of this on to his faniily,a.nd I think he will admit
he told me thisihe would kill them. But his only desire here is for a fat fee to
defend them. Now we don't deny hie right to do that, but I think these excuses have
gone far enough. I think this Commission should set up here and say your clients,
your Attorneys have ',gad ample time to know to be here today and we're through with
these stalling tactics. This meeting is going to go on tomorrow, and we would appreciate
it all the people. 25% of the City of Miami would appreciate very much if this Commission
would pass a resolution to that krfect. Be here tomorrow if their clients aren't here,
if there Attorneys aren't here revoke their licenses anyway. They've .had ample time
to be here.
he is an Attorney and he
Mayor Ferre: For that matter why not finish it tonight?
Mrs. Rockefeller: Fine. It's alright with us. Fine. We're here as long as you are.
Mr. Clark: Mr. Mayor, with the one reservation. Mr. Mayor, may I? May I suggest that
you treat each one on the merits and the facts that are involved. If someone is gravely
ill or if someone has a legitimate reason that you take each one on it's merit so as
to afford each respondent the right that they have.
Mayor Ferre: I accept that as a recommendation. Now, let's get on to the next case.
Next.
Atty. Weinstein: Alan Weinstein, 420 Lincoln Road, Miami Beach, on behalf ofBee Gee,
Incorporated. We are again asking for a continuance.
Mayor Ferre: Get the microphone like this so that it goes over. Now pull it up.
Atty. Weinstein: Whose orders am l to respond to, their's or yours or...?
Mayor Ferre: Well, why don't you just respond to common sense?
Atty. Weinstein: Ok. Very good. Unaccustomed as I am as you are to public speaking.
I am here again asking for a continuance on behalf of my client alone .which is a matter
I think, as your own City Attorney has previously advised this Commission each one
should be considered on the merits and a reasonable continuance.should be granted if
necessary. We have not had sufficient notice of these charges. It is clear from the fir/
hearing that numerous matters not presented or served in the way of notice is going
to he brought up. Further my client is out-of-town and I have not had an opportunity
to prepare a defense with my client. I ask for a reasonable continuance and at that
time we will be prepared to respond to the charges.
444
Mayor Ferre: Yes.
Mr. Mayor ?
On the 17th of June Sgt. Robert byer and myself served this hotice
of these charges on Mr. Weinstein at his office in Miami Beach.
Mayor Ferre: Which means that Mr. Weinstein has had nearly a month to prepare with
his client to present the case here this evening. Is that right?
: That's correct.
Mr. Weinstein: Whatever day he says I had it I will assume that's the day I had it.
I don't dispute that. I do however find myself in a position of having to in good
faith ask for the continuance. I asked for it before any of the hearings started before
this thing got overly vocal,and I asked for it because I needit to properly prepare
and defend the charges apparently to be presented.
Mayor Ferre: What's the will of this Commission? Let's hear the expression of this
Commission's will.
Mr. Plummer: How do you dispute? The man says that he's not prepared. He doesn't have
his client. How do you dispute that?
Mayor Ferre; Well there is a very simple way to solve it. Let him let his client
cease and desist and let them close the operation up until he's ready to present his
case and then we'll hear his case. Are you willing to do that?
Mr. Weinstein: Are you posing a question to me? Obviously, I couldn't even begin to
answer it until I could ask my client. However, I would assume that he would not be
willing to do that.
Rev. Gibson: Is your client in town?
Mr. Weinstein: No sir he's in New York City without lights and he can't get back.
Mayor Ferre: Well, I tell you for a prono king that's a hard thing to happen. Isn't it?
Rev. Gibson: Yea, yea,. You mean to tell me no planes ran from New York to Miami today?
Mr. Weinstein: I'm sorry I didn't quite understand your last question?
Rev. Gibson: No planes ran from New York to Miami today?
Mr. Weinstein: I have no idea whether planes arrived or whether my client was able to
get on one sir with all due respects.
•Yv
Rev. Gibson: Counsel! Counsel! Oh Counsel! You heard what you told me? You heard wha,
you told me?
Mr. Weinstein: I told you I have no idea if any planes arrived or not.
Rev. Gibson: Counsel if you really, you know, ...
Mr. Weinstein: I know as of 12:00 o'clock no planes were taking off from New York City,
yes sir that's what I know.
Mayor Ferre: Well, let's see what the will of this Commission is. Alright Father Gibson,
Mrs. Gordon, Plummer, we have to make a decision now. This gentleman has asked for a
continuance on the case and we have to make a decision as to whether or not we're going
to grant that continuance. It's 7:05P.M. We've beerybn this now for fifteen minutes.
What's the will of the majority? I've expressed my opinion. Now we need four more
opinions.
Rev. Gibson: Well Counsel let me ask you this, what do you not know now that you will
know later on if you're going to represent the client? Pray tell me.
Mr. Weinstein: Obviously, Father Gibson I will be able to converse with my client and
ascertairtlalidity of these charges. I will be able to prepare a defense and we will
then be able to proceed properly. I think again politics notwithstanding and politics
aside your own City Attorney has now three times told you that _in a quasi judicial
proceeding a reasonable request for continuance in an effort to prepare is proper and
acceptable. Now, I can't tell this Commission how to vote. I don't have to stand election
all I have to do is defend clients, But I'm asking for...
112
JUL 14197
Asir. Gibson: I hope you aren't inferring nor implying that 7 m going to take a
political decision. You evidently don't know me.
Air. Weinstein: No sir.
Rev. Gibson: Because I will make it if it hurts my very guts. Now, let Me tell you why
I don't like what you said. There is an Attorney who stood up there. He hasn't
produced a single client of his. He presented the case based on what was. Now you know
you all must think some of us is mighty foolish. I hope you don't think so. I want to
understand you now. You know, but you know...
Mr. Weinstein: May I please respectfully point out to you that there was no implication
and you should draw no inference. All I tell you is that I ask for a continuance in
good faith. I think if you ask Mr. Freeman he will tell you he has had an opportunity
to converse with all of his clients. Now, you tell me politics plays no part and yet
with all due respect Mayor Ferre has made statements before he heard any evidence that
I think can only be taken as political, and I do not put you in that -light -Mayor Ferre
has recused himself from my particular hearing.So I'm trying to say what is. I'm asking
for a reasonable request. You all have two choices. You can grant it or deny it and I
have no weight in that one way or another.
Mr. Plummer: Mr. Mayor, you know when everything else fails it's gotta come here I guess.
Mr. Mayor I can't invision this Commission putting a person in the position of jeopardy
of not having the opportunity to present his case,that's all. Now, I'm using the basis
that we use on zoning matters that in fact we will grant one continuance. But I would
only offer the motion to continue this until September 8th, based upon one thing -come hell
or high water it will be heard.
Mr. Weinstein: We are willing to accept that.
Mr. Plummer: Well, now Mr. Mayor I'll offer that in the form of a motion. I think that
you've got to afford these people the opportunity. We do it in zoning matters. Grace
Rockefeller knows that we do it in zoning matters and that's the only thing I think we
can do. What are we going to do with the man who doesn't have his Attorney here?
Ma'am please.... Mr. Mayor, I would only respectfully request that you run the meeting.
This is supposedly a day in court, not a day in the circus, and I would only ask that
decorum persist. Now here again I don't think that anyone sitting up would deny...
I don't know this one man running around here where ever he is, whoever he is and whatever
he is. This man doesn't have counsel. Are you going to deny him the right of counsel?
i don't see how we have any choice but to give hits a continuance.
Mayor Ferre: Alright Mr. Plummer moves that this matter be continued ....
Mr. Plummer: I make the motion Mi. Mayor that this particular case as the City Manager
has advised us to handle on individual basis that this matter as it relates to - what is
the name of your client?
.C1 •
Mr. Weinstein: Bee Gee, Incorporated sir.
Mr. Plummer: Bee Gee, Incorporated be continued if it please the rest of the Commission
to September eth. Excuse me. _The address?
Mr. Weinstein: 7929 N.E. 2nd Avenue.
Mr. Plummer: But I want it fully understand Mr. Mayor that I'm not playing any games that
come September 8th hell or high water we're going to hear it.
Mayor Ferre: Alright there's a motion by Plummer. Is there a second?
Mr. Reboso: As soon as you have a second I have a substitute motion.
Mayor Ferre: Alright. Is there a second to Plummer's motion? Is there a second to
Plummer's motion? Last time will anyone second Commissioner Plummer's•motion?
Mr. Reboso: Mr. Mayor I move that we hear the rest of the cases July 28th at 6 PM in the
afternoon even if it is a fifteen or eighteen hour day.
Mlr. Plummer: What's the ... ?
Mr. Reboso: Because the 27th J.L. I can't make it, but the 28th is a Regular City Commissi,
Let's put it at 6:00 in the afternoon and let's stay as long as we can.
Mr. Plummer: Fine.
Mayor Ferre: Commissioner Reboso moves that this matter be continued until the 28th day of
JUL 141977
July at 6 P.M. Is there a second to that Motion?
9-
Mr. Plummer: See, you're hot handling these as the City Attorney is advising you oil
individual cases.
Mr. Reboso: They have two weeks Father to present the case.
Rev. Gibson: But some of these people ....
Mayor Ferre: We're talking specifically about Bee & Gee is that correct?
Mr. Plummer: No, he said all of the rest of these. So you've got to handle these
individually now.
Mayor Ferre: Well, let's take them up one at a time.
Rev. Gibson: But some of these people are saying that their lawyers vron't be back
until....
Mr. Plummer: That's what I was waiting for the second. There's a man running around
here saying his lawyer won't be back until the 5th.
Mr. Weinstein: As I previously expressed Mayor Ferro I will not be here then. Now I
had asked until September 8th so that I can properly prepare...
Mayor Ferre: When will you be here?
Mr. Weinstein: I will be returning to this city on August 15th, you will be in recess.
Now I expressed this back long before you told me you were going to be in recess during
the month of August.
Mayor Ferre: When are you leaving?
Mr. Weinstein: I'm leaving tomorrow. Now I have made reservations and plans and now
this is quasi judicial and circuit court judges do understand these things. I would hope
the Commission would. The 8th would accommodate melanytime past the 15th would accommodate
me of August.
Mayor Ferre: Let me ask one more time what is the will of this Commission?
Mr. Plummer: Mr. Mayor let me just set the record straight. I think the will of this
Commission is that they be heard that's why they're on the agenda. I don't think there
is anybody that came here today,these people, this Commission or anyone had any other
idea than they were going to be heard. Now is the same thing that happens in zoning.
I'd much prefer to do it now and get it out of the way. That's what I'd like to do
but ...
Mrs. Gordon: Let's stay and get it over with.
Mayor Ferre: Alright Mr. Attorney present your case.
Mr. Connors: We're here in the case of city revocation of Bee Gee, Incorporation.
Mr. Weinstein: Do I understand you're proceeding without my client and without me being
able to converse with him?
-oiy
Mayor Ferre: That's clear and that's on the record that we're proceeding without his
client being present and without him being able to confer with his client. So obvioulsy
it means that the whole proceeding is going to be ... Alright, here's what we're going
to do we're going to hear the case anyway. You defend it as best you can and then before
it comes to a vote I would hopefully, I would expect that it would be postponed at that
time to give you the opportunity to permit you to talk to your client and come back here.
As long as we get half of it under way.
Mr. Weinstein: As long as we understand that I will be able to reopen and present any
additional evidence.
Mayor Ferre: Is that acceptable? Mr. Clark?
Mr. Clark: Mr. Mayor I think at this point you should inquire when his client left town.
I think you should inquire what took place between Jnne 14th and July 14th? I think
you're going... That's what I meant when I said you take each case on it's own.
Mayor Ferre: Well, let's ask those specific questions. When did your client leave town?
114 JUL 14197;
4
1
Mr. Weinstein: I don't have an exact date because of, pardon me if yo all will a ldW
me to ahswer I will be pleased to do so.
Mayor Ferre: Please, let's afford him the respect.
Mr. Weinstein: Insofar as during the interim period of time that I received thi-t aiu1
this hearing I was involved in a lengthy trial litigation upon termination of that
litigation and an attempt to reach my client he was at that juncture out-of-town.
Now that was at the end of the month of dune. Now exactly what day he left I would be
unable to tell you.
Mayor Ferre: Let me understand you properly. You received notice on June llth.
Mr. Weinstein: Whatever day they say.
Mayor Ferre: You were in the middle of litigation and therefore you did not see the
notice until later.
Mr. Weinstein: No., no. I received the notice I just did not have an opportunity
because of other matters to converse with my client about it.
Mayor Ferre: When you conversed your client it was the June and he had already left.
Mr. Weinstein: I had been unable to sit down and confer. Now in addition thereto there
are matters that have come forth today from the previous presentation which also will
require substantial preparation and defense. There is a matter I think it should be
brought out at this juncture that my client has not been the owner of these premises
f and this theatre throughout the entire period of time in question. I have still got to
ascertain whether the charges to be presented by the Commission occurred when my client
owned the theatre. He is not the original licensee and as such there are substantial
matters that have to be determined in defense. This is a good faith request and I can
only tell you that. We've gone over this ground now on numerous occasions.
Rev. Gibson: Counsel now let me ask a question to ease my mind. Did you represent him
in this case in court?
Mr. Weinstein: I believe Father Gibson that I represented the theatre in this case in
court. Please understand that there has been two owners. I have represented both owners.
The original owner and the present owner.
Mr. Connors: Who is your present client Mr. Weinstein?
Mr. Weinstein: The corporation has been sold. Now the corporate entity is the entity I
represent. Pardon me sir. Part of our defense will be if in fact the present stockholders
of the corporation were not the stockholders at the time and I have not completed this
investigation to determine that and I've got to get with my client to determine that fac1v
At this juncture that's all I can tell you. There are other matters of defense that I've.
got to get with and I don't really think and I've never been in a position in a courtroom
where I've had to lay out my defense in order to obtain a continuance. These are matters
I want to discuss with my client most of which as you will probably know and I'm sure
Father Gibson will know they are privileged matters. I want to ask my client questions
and I want to elicit answers which is my job as an Attorney, and then I intend to present
a defense if I think one has to be presented. Now those are all factors that I've told
you in which you all I'm sure as leaders of this community realize and that's all I can
say. Either you force me to go ahead or you don't and we've been talking about it for
45 minutes. I'm trying to tell you I can't tell you anymore than I've told you.
Mayor Ferre: Alright. Again, what's the will of this Commission?
Mrs. Gordon: Mr. Mayor we are not a court of law. We are a body that's sitting as a
quasi judicial position. Consequently, we have to take the facts that are presented to us
and whether or not in my opinion corporate membership has changed., It seems stranoe to
me anyway that the Attorney whose corporate Attorney for both sets of owners so to speak
doesn't know who took over.
Mr. Weinstein: I didn't 1 was corporate attorney for both. I said I represented both
individuals and the corporation on criminal charges. I didn't say I was corporate attorne
Mrs. Gordon: I'm sorry then I misunderstood your statement.
Mr. Weinstein: Ok.
Mrs. Gordon; At any rate I'm ready to hear the case Mr. Mayor and crane to a ecnclueiOf.
4t4g _ 1111 1 d 1Q'
Mayor Ferre: Alright proceed. I think Mrs. Gordon speaks for the rest of the ComMission.
So Counsel go ahead.
Mr. Connors: Alright. Mr. Weinstein who is your client at this time that we're talking
about?
Mr. Weinstein: I have no intention of responding to that question.
Mr. Connors: Alright,
Mr. Weinstein. I represent the respondent in this hearing Bee Gee,Incorporate..
Mayor Ferre: .Alright, now since I think this is the property that Miami Caribe owns.
Mr. Weinstein: No, this is not the property that Miami Caribe owns: -This is, you had
recused yourself because I was personally involved in personal litigation with you. I
was the attorney for the Inc. who represents that case in the Miami Caribe
and it's a personal count in the...
Mayor Ferre: Alright, Mr. Clark again, because of the request of Counsel here should I
recuse myself from this? He's explained that he represents the firm that is suing the
company in which I am the Vice -President.
Mr. Weinstein: Also suing you personally,sir.
Mayor Ferre: And suing me personally, and therefore he says that I should recuse myself
from the beginning...
Mr. Weinstein: May I point out how many continuances you've gotten in that case by the
way? You've gotten at least 10 continuances on a hearing I've tried to get you in
the deposition. So now you're telling me I can't have one.
Mayor Ferre: I'm not saying anything. I'm going to recuse myself it that's what the
attorney tells me.
Mr. Clark: I think Mr. Mayor that Mr. Knox's previous`. instructions probably I would
just repeat it to you. It's an individual decision. It's a matter for you to decide.
Mayor Ferre: Well, I've already stated that there is no question that I'm economically
impacted by this through the posture of this attorney. So I don't see how I could
possibly ...
Mr. Clark: Then based on that if you want the opinion of the City Attorney that you
should recuse yourself you have it.
Mayor Ferre: Father Gibson?
Rev. Gibson: Yes sir.
Mayor Ferre: It's your show.
Rev. Gibson: Alright sir let's go.
Mr. Connors: Alright we're proceeding with the city's charges against Bee Gee,Inc.
Mr. Clark: Mr. Vice -Chairman, would you believe that we have a court reporter who does
not have the opportunity to get up and stretch and do what you did a few minutes ago.
So may I ask you ....
per
Rev. Gibson: You have my sympathy. Please do. .... Moments later-- alright let's go.
Mr. Weinstein: Father Gibson, to protect the record. I would at this time so far as
you're Acting Mayor :renew.. my request for a continuance ask you to call it to a vote
for my client.
Rev. Gibson: Well, what is the wish of the body? He wants to renew his request for a
continuance.
Mr. Plummer: Vice -Mayor if it's just for the record if that's what they're trying to
establish here again, I'll once offer the same motion I did before but I don't foresee
any different results. Well, I'm not going to reiterate my point. I'll offer the same
motion.
116 JUL 141977
1
ht. Connors: Mr. Mayor, now the City Attorney's Office has gitren out adequate notice.
We've scheduled a hearing. The hearing is betiny conducted and it Should be conducted
At this time.
Rev. Gibson: Alright, what's the wish of this body? The ban has "made his request
what do you want to do?
Mr. Plummer: Well, you got to get a second to niy motion before you do anything. My
motion he asked that it be reiterated since Gibson is now in charge rather than Pette
and that was for a continuance. I make my same motion that this matter be continued
until September 8th. Ok, ask three times if you get a second and then it's dead.
Rev. Gibson: Alright. Do I hear anybody? Alright.
Mr. Plummer: You declare the motion dead?
Rev. Gibson: Dead.
Mr. Plummer: Ok. Now, just for the record Mr. Clark what is going to be the recommend-
ation of the City Attorney for that gentleman who says that he is not represented by
Counsel because I'm going to ask you?
Mr. Clark: I'm going to find out from him when he talked to his Counsel. I'm going
to find out from him, I assume that you will find out him all these facts and make
your decison or recommendation at that time . If he...
Mr. Plummer: Ok. I understand. What you're saying is correct.
Rev. Gibson: Alright so let's proceed.
Mr. Connors: Alright. This is hearing to determine whether the license of Bee Gee,
Inc. is going to be revoked. You will find the charges . The City Commission has
the charges. Bee Gee, Inc. operates three businesses in the City of Miami, Rex Theatre
7929 N.E. 2nd AVe. and 79th Street Art Theatres, Twin I & Twin II.
Mr. Weinstein: May I inquire as to which license you are seeking to have revoked in-
sofar as my clients have been required to obtain three separate licenses.
Mr. Connors: Alright, as the charges indicate we are requesting that license numbers
33889 which was issued to Bee Gee and if I might make a small amendment to this charge
license number 33865, not 23868.
Mr. Weinstein: I object to the amendment. We have not been given notice of any
license 33865 and I request a continuance if they're going to add any substance
changes. He's seeking to change the allegations and I request a continuance to properly
prepare and meet the new changed allegations.
Rev. Gibson: Let me ask sir is that the number that he refer to? Does it apply to the
same physical premise?
Mr. Weinstein: I doubt it very seriously. I was here to defend on one count on this
fact that we are not charged by operating under their license.
Rev. Gibson: Let me ask this was that the number you used in court?
Mr. Weinstein: They never used any number.
Mr. Connors: We didn't go to court to revoke the license.
Rev. Gibson: No, no, you have a charge against him isn't it...?
Mr. Connors: The convictions are against the incorporation, Bee Gee, Inc....
Mr. Weinstein: No, no, pardon we. The conviction is against the corporation on one
theatre with one single license. Ibis corporation is operating under three separate
licenses with three theatres and we have only had a conviction in one theatre with one
license.
Rev. Gibson: Which one is that?
$i. Weinstein; Whichever one filet him prove it,
Rev. Gibson; No, no, you doesn't...
1417
1111 4 e AA'i•
Mt. Wesinstein: They charged us with Rex Cinema on Second Avenue, that's the one
they've charged us with. They haven't charged us with violating the law with any
of the other licenses or any of the other theatres,
Air. Connors: What about 79th Street Art Twin I? That's Count II.
Mr. Weinstein: I failed to see any attachments on my copy showing that 79th Street
Art Theatre Twin I has been convicted of anything.
Mr. Connors: I'll show you the certified copy of the conviction.
Mr. Weinstein: I'm sorry but the certified copy of the conviction that I was served
and I have the copy that I was served did not and I show you now Father Gibson as
presiding officer have any attachments relative to Twin I. The single sole attachment
it had and that I signed for was for Bee Gee,Inc. d/b/a Rex Cinema on Second Avenue.
Mr. Connors: Did you get the charges on that date? In any case I've offered the
amendment to change the number 8 to the number 5.
Mr. Weinstein: Wait a minute before we even get to the amendment we are still...
Mr. Connors: As the second license number.
Mr. Weinstein: Pardon me. We're on your single inquiry. I have been served and I
have handed to yousand I signed for receipt of,only that document that I handed you
and that document has attached to it one certified copy referenced,the Rex Theatre
on Second Avenue and it has nothing attached to it, nor was I served, nor did I sign
for a document having to do with the Twin I or the Twin II.
Mr. Connors: As a matter of fact what happened was I dropped the charges off at your
office and inadvertently had attached one of the copies of the conviction to it. You
requested that you'd be allowed to make a copy of that and I permitted you to do so.
To license holder in this city did I provide them with a copy or a certified copy of
the conviction. I merely provided them with charges which refer to a conviction and
you may then go to the County Court the same as I did and get that copy of the convict-
ion. Your corporation Bee Gee,Inc. has two counts against them.
Rev. Gibson: Mr. City Attorney you tell us sir.
Mr. Clark: Mr. Vice -Chairman, the charge spells out the fact of the conviction. The
charge itself notifies the respondent of the conviction and the mere fact that a copy
whether it was certified or not certified. The mere fact that that copy was not attached
would not be fatal, would not fatally deficient.
Mr. Weinstein: Father Gibson,may I also bring forth in an effort because I realize
this Commission has put in a great deal of time already today. To save time may the
record reflect that rather than reiterating each and every argument on dismissal that
was made by Mr. Freeman that I incorporate those arguments.
Mr. Connors: I object to anything like that.
Mr. Weinstein: Well, if that being the case I'm going to spell them out one by one.
I would move that these charges not be heard and be dismissed on the grounds that
30-11 has been superseded by Chapter 66, Ordinance 8645. Specifically, if you'll look
at your own ordinance 8645, a copy of which I have here you will see that section 4
thereof/ which you people passed in your wisdom says all ordinances, code sections or
conflicts herewith insofar as they are in conflict are hereby repealed. Now I will
point out to you that if you will just take a moment and read 30-11 in city -code
with Ordinance No. 8645 which is now Chapter 66 you will see that it has been superseded
and you now cannot.proceed,I submit to you under 30-11 by your own subsection 4 contained
in Chapter 66.
Mr. Sterbenz:Biiefly in response, the new Ordinance has a particular provision of it
which states,this Ordinance shall be effective on June 12, 1977 as to new applicants and
every business required to be licensed under the provisions of this ordinance shall be
so licensed as of the 1977-78 license year regardless of previous or current business
operation in the City of Miami. So the ordinance is graphed to apply as to the existing
businesses as to commence with as of October 1, 1977. We're here today in July 1977 under
section 30-U which has.been_substantive . code provision for many, many years and
so this ordinance supersedes nothing.in that regard.
Rev. Gibson: Alright sir proceed.
Mr. Weinstein; I take it you are denying my request for a dismissal.
118 JUL 14I977
vt Gibson: Yes sir.
Mr. Connors: Is the license number 33868 amended to read 33865? Because that is
the actual license number there must have been a misprint When We coordinated it
With bur charges We found it.
Mr. Weinstein: I move for a continuance if you allow this substantive change. I
at here to defend on the grounds that we have never been issued 33868. That was
One of toy key defensesjespecially since I couldn't talk to my client about substantive
defenses and so to allow an amendment now would be greatly at our prejudice.
Mr. Connors: Alright. You do have a copy of the charges,is that correct?
Mr. Weinstein: I have a copy of the charges. It says 33868.
Rev. Gibson: I'm going to deny that. I think it's pretty clear Where we're going.
Mr. Connors: Is it amended?
Rev. Gibson: Yes sir.
Mr. Connors: Thank you.. Again we're going to call Mr. Sekan from the City of Miami
Licensing Division. Would you state your name and official position?
Mr. Sekan: Andrew J. Sekan.
Mr. Connors: And, you're still under oath Mr. Sekan?
Mr. Sekan: Yes.
Mr. Connors: Sekan what's your official position?
Mr. Sekan: License Inspector with the City of Miami.
Mr. Connors: How long have you been so employed sir?
Mr. Sekan: 24 years.
Mr. Clark; Mr. vice -Chairman I suggest even though that this witness has been put
under oath for the prior hearing that you go ahead and let the Clerk swear him one
more time, each time.
Rev. Gibson: Alright Mr. Clerk.
Mr. Ongie: Would you raise your right hand? Do you solemnly swear that the testimony
you're about to give in this case will be the truth so help you God?
Mr. Sekan: Yes I do.
Mr. Connors: Alright and your name again and official position.
Mr. Sekan: Andrew J. Sekan, License Inspector, City of Miami.
Mr. Connors: And you've been employed for 24 years.
Mr. Sekan: Yes that is correct.
Mr. Connors: Alright, in the course of your employment have you come across an applicat-
ion for a license for a Bee Gee, Incorporated?
Mr. Sekan: Yes that is correct I did.
Mr. Connors: Has your Licensing Division ever issued a license or any licenses to
Bee Gee Inc. during the year of 1966-67?
Mr. Sekan: It has and we issued a license for Bee Gee ,Incorporated d/b/a 79th Street
Art Theatre, d/b/a/ at 135 N.E. 79th Street and that license was issued again as some
of the previous ones that were for two years for the 75-76 and 76-77 year.
Mr. Weinstein: I'object the inquiry was as to 66-67 year.
Mr. Sekan: Alright it was issued for the 66-67 years.
Mr. Weinstein: HAcuse zne 76.77.
JUL 41971
Mt. Sekan: 76-77 I'm eorty.
Mr. Weinstein: Which is?,What are we being charged With? is it 66
or 76?
Mt. Sekan: 76-77.
Mr. Connors: How many licenses were issued to Bee Gee.Inc. during the
licensing year 1976-77?
Mr. Sekan: We have three licenses issued Bee Gee.Incorporated at
different addresses.
Mr. Connors: What are the addresses?
Mr . Sekan: The first address is 135 N.E. 79th St. for an Adult Theatre.
Mr. Weinstein: Does that have a name? May I inquire if that has a
name .... so we will know which one of these licenses we're talking about.
Mr. Connors: What license is that sir?
Mr. Sekan: That is 79th Street Art Theatre.
Mr. Connors: And what license are you talking about? What license
number?
Mr. Sekan: License Number 33865.
Mr. Connors: Ok. Do you have any other licenses issued to Bee Gee Inc.?
Mr. Sekan: This would be the original license for the 79th Street Art
Theatre.
Mr.Connors: Is there another license issued to Bee Gee.Inc. at I35 N.E.
79th Street?
Mr. Sekan: Yes this one was issued on February 22nd of I977, license no..
35679, BEE GEE,INCORPORATED d/b/a 79th Street Twin II. That's the way
that we were instructed to write the license and I personally was at the"
establishment and got the information at that time.
Mr. Weinstein: Alright, I object to any information relative to that
license. It's a count I & II will show you that my client
on that license is not being charged .... You will respectfully note that
that particular license 35679:there are no charges against my client if
you'll look at Count I & 'Count III there are no charges relative to that
license or the Twin II Theatre. You will, in the reading of the specifications
in Count I & Il,,and I assume the attachments which I have not yet been
furnished a copy will show only the two licenses. Well, one so far that
he's mentioned and possibly a second one, but this one that he just made
reference to there are no charges.
Mr. Connors: Counselor, the allegations are that Bee Gee.Inc. is the
person who is committing these law violations. If they are an Adult
Movie Theatres, if they are an Adult Book Stores, if they are an Escort
Service, they've been convicted of breaking the state laws dealing with
the obscenity and pornography.
Mr. Weinstein: If a man holds five licenses and one of those premises
violates a law you can't pull all five licenses. Now the City has forced
us to get separate licenses. They took us to court to do it. Mr. Sekan
will tell you. He came to court and forced us to get separate licenses,
because he says they're two separate and distinct operations and I don't
care if it is the same corporation. And, now you can't turn around and
say you can pull. all of them, after you go force me to get them. Because
120 JUL 141977
i
one of the premises has an alleged violation. Them is no violation
alleged as to the Twin II Theatre which is a separate licensee under
your own regulations. And, I move to strike any testimony relative to
35679 since there are no charges against that license or the license
holder.
Rev. Gibson: City Attorney?
Mr. Clark: Mr. Vice Chairman, Mr. Vice Mayor, the testimony should
confine itself to the two charges with respect to the Rex Theatre,
7929 N.E. 2nd Avenue and with respect to the 79th Street Art Theatre,
Twin I. Now, if the Commission will entertain the proof with regard
to those two charges I think it will be on safe ground.
Rev. Gibson: If the Commission will do what?
Mr. Clark: If the Commission will limit itself to entertaining evidence
and proof in connection with the 7929 N.E. 2nd Avenue, The Rex Theatre
that's Count I. Charge number two is the 79th Street Art Theatre Twin
I.
Rev. Gibson: Alright sir.
Mr. Clark: I think the City would probably be willing to withdraw any
reference to a license having to do with other than those two charges
that way you could proceed.
Rev. Gibson: Alright, let's accept the Attorney's recommendation.
Mr. Weinstein: Based on that I can assume that reference to license
number 35679 is withdrawn.
Mr. Clark: Only if the ...
Mr. Weinstein: That's the Twin II.
Mr. Clark: Only if the City Attorney presenting the case would indicate.
UNIDENTIFIED SP: Is that in reference to a revocation? Is that what the
ruling,that the license that is issued for the Twin II is not now subject
to revocation due to the striking?
Mr. Clark: That's not part of the charge so it would not be subject to
the revocation.
Mr. Connors: Alright, we're ready to proceed then.
Zr. Plummer: Wait a minute, what did the City Attorney decide?
Mr. Weinstein: Oh, I don't know. I thought he was the City Attorney.
Rev. Gibson: What are you saying?
Mr. Connors: Well, we're striking it at that point. After the ruling
from Mr. Clark. We're striking any reference in it to the Twin II. The
Twin II will .nat be' proceeded iagaiast at this time because -it has had no
convictions in the Twin II.
Rev. Gibson: Alright, go right on.
Mr. Connors: Alright, we're talking about then, would you give me again
Mr. Sekan the license number of the 79th Street Art Theatre Twin I?
Mr. Sekan: That would be 33865.
M. Connors: 33865 as amended. Thank you, and the license number of
the Rex Theatre?
1111 1 A 1077
Mt. Sekan: 33889.
Mr. Connors: Ok. From what are you reading those numbers sit?
Mr. Sekan: From the applications that were presented and written at
the time the license was issued on December 9, 1976.
Mr. Connors: Mho. made those applications sir?
Mr. Sekan: In this particular instance I wrote the licenses.
Mr. Connors: What individual came to your office and made the applicat-
ion?
Mr. Sekan: A Mr. Leandro Echarte was Manager. He came.in and filled
out the application and the license was written and it was paid for
by him.
Mr. Connors: In the business there was license in both of those cases?
Mr. Sekan: In the Adult Theatre, 7929 N.E. 2nd Avenue.
Mr. Connors: Alright. And, the documents that you.'re holding. What
are they sir?
Mr. Sekan: In the case of the Rex...
Mr. Connors: What are the white documents? Would you describe them
Mr. Sekan: These are the applications that were given at the time the
license was issued and prior to... Well, the reason I don't have the
duplicate copies with me they were taken by the Circuit Court on the
previous case and they have not been returned to our office as yet.
Mr. Weinstein: That was the case where they forced us to get two
licenses.
Mr. Sekan: No, the case that was involved had nothing to do with the
issuing of the second license, but the....
•
Mr. Weinstein: Mr. Sekan, do you have two pink...
Mr. Sekan: The application will substantiate the fact that the license
was issued.
Mr. Weinstein: Do you have some pink copies of some documents in your
hand also?
Mr. Sekan: Not for Rex.Cinema, that's the one that was held in court.,
in Circuit Court.
Mr. Connors: Sir, would you describe for the record what documents you're
holding now that I'm going to introduce in evidence?
Mr. Sekan: Will be the application for Rex Theatre at 7929 N.E. 2nd Ave.,
with Bee Gee, Inc. as the corporate entity.
Mr.Weinstein: Could we take one at a time since there are going to be
objections? Can we take one at a time? They are charged on two separate
counts. It's very difficult to proceed and kind of merge them.
Nx. Connors: Alright, if we're going to proceed along those lines then,
do you have an objection to make now?
Imo'. Weinstein: Whenever you're getting ready to introduce this document
before the Commission in evidence I've got something to say about it.
122 JUL 14197
Rev. Gibson: proceed.'
r
Mr. Connors: Alright, at this time I would request that the Clerk
mark the white documents and the pink documents, yes, ...
Mr. Weinstein: I asked if it could he done separately, that, and
your honor just said we could do it. Alright, take one at a time
please Tom. .... May the record reflect that Mr. Sekan has just
advised in reference to the Rex Theatre charges that the City is not
able to produce a copy of the license, merely an application, and in=
sofar as you have previously ruled from your own statements that a
copy of the license is required because that's one of the two :proofs
or the true proof test. . I submit that until they are ready to prove
a copy of the license they can't proceed and I would object to any
further. All they have is an application Father Gibson,_ they don't
have the license. He may say where it is which is hearsay. He may
say that it was issued.
Mr. Connors: That's not hearsay Counsel you know that.
Mr. Weinstein: The point is they have not and are not attempting to
introduce a copy of the license, only an application. And, I believe
I heard you say previovsly , not you particularly Father Gibson, but
the Commission as a whole. That one of the two proofs of the test has
got to be , that they show a license was issued.
iMr. Connors: We're prepared to show the license was issued. Mr. Sekan
was the license issued for Rex Cinema Theatre?
Mr. Sekan: Yes it was.
Mr. Connors: what was the license number that was issued? Do you know?
Am I holding it now?
Mr. Sekan: You are holding it, yes.
Mr. Connors: 33889s
Mr. Sekan: That is one ana that is my writing on the date that was
issued. I wrote that license m}self.
Mr. Connors: Alright, the document we're talking about I'd like the
Clerk to mark it as City's Exhibit "A" for this hearing.
Mr. Weinstein: Can we inquire about it before it's admitted into
evidence? I mean, do we at least have that right?
Mr. Connors: I'm not offering it as evidence at this time. I'm just,
so we can refer to it from here on out as Exhibit "A".
Mr. Clark: Mr. Vice -Mayor, the procedure that they're doing now is
referring to an exhibit for identification and it's "A". As you
entertain them if you do take' them into evidence then you can start
numbering them 1,2,3. They're A B C until they offer them in. evidence.
Right now they're just talking about them and they're exhibits for
identification. There's only one of them the Exhibit "A".
Mr. Connors: Do you see what's marked "A" for identification Mr. Sekan?
Mr. Sekan: Yes.
Mr. Connors: Would you tell the Commission what that is?
Mr. Sekan: This is the license application for Bee Gee,Inc. d/b/a
Rex Cinema Theatre, license number 33889, issued on December 9, 1976
for an Adult Theatre.
Mr. Connors: Do you know of your own personal knowledge if a license
123 JUL 141977
was issued as a result of that application sits
Mr. Sekan: 'Yes it was.
Mr. Connors: And, where is the original of that license now sir?
Mr. Sekan: The original should be at 7929 N.E. 2nd Avenue, at the
Theatre, but the duplicate .,..
Mr. Connors: At the Rex Theatre?
Mr. Sekan: At the Rex Theatre.
Mr. Connors: Ok, and where is the duplicate of it sir?
Mr. Sekan: The duplicate is in Circuit Court
that Mr. Weinstein handled for his client for
Mr. Connors: Alright at this time subject to
that document into evidence.
Mr. Weinstein: May I inquire about it if the
this is merely an application is it not?
Mr. Sekan: It is.
Mr. Weinstein: And, also Mr. Sekan will you show me sir a copy of the
license itself? Do you have a copy of the license itself with you?
based on a previous case
the same corporation.
objection we would offer
Mr. Sekan: No I explained it to the court.
witness please? Mr.Witness
Mr. Weinstein: Alright, and you haven't seen the license itself hanging
on the premises have you?
Mr. Sekan: No.
Mr. Weinstein; I would object. it has absolutely no eviden.ciary value at
all. The best evidence is in fact the license or a ...
Mr. Connors: The best evidence is in the possession of Rex Cinema, Rex
Theatre.
Mr. Clark; Mr. Vice -Mayor, when they keep talking best evidence, they're
merely talking degrees of trustworthiness and at any time the Commission.
is satisfied as to the trustworthiness then you may entertrain it whether
the original was set on fire or lost or whatever.
Rev. Gibson: I will entertain it.
Mr. Weinstein: I assume you're admitting this then into evidence as
City's Exhibit I. Please just let the record ....
Mr. Plummer: Let me ask a question. Sir, on my copy what is F-33286
suppose to represent?
Mr. Sekan: That is money that was held in suspense as in the previous
Adult Theatre. The money was held any time from 1,2, or 3 years up to
the point that the City Manager authorized us to issue the license.
Mr. Plummer: Is that another license?
i".r. Sekan; What's that?
Mr. Plummer: Was that another license F-33286?
Mr. Sekan* No, that is
money from Bee Gee,Inc.
same license there is a
a finance ticket number showing we received that
d/b/a Rex Theatre. As a matter of fact on that
copy showing that the license was ,issued for
124 JUL 141977
T �
three years, 74 -75, /J -76, and the year 76=77„ i# the afount of
$720.00 on license number 33889. The one that the Circuit Court has i3
file.
Mr. Plummer: And, the other notations, See 79th Street (something)
Theatre,(something), what is that?
Mr. Weinstein: May I get a copy of
since nobody has decided to give me
give me his copy to
these specifications and charges
one. Maybe I can get Mr. Knox to
Mr. Plummer: Mr. Knox left.
Mr. Weinstein: Oh:
Mr. Clark: Let the record reflect that the ...
Mr. Sekan: I'm sorry Commissioner Plummer I didn't get that last
request there.
Mr. Plummer: Down on my copy here it says See 79th Street (something)
Theatre...
Mr. Sekan: Right, Art Theatre suspense. That refers to this F-33286,
so that when the license was written we were sure to write it for the
previous two years to use that money that was already being held.
Mr. Plummer: Alright, so we're only talking to that one right now.
Mr. Sekan: Yes 33889, yes.
Mr. Plummer: Because I've got the questions on 35679.
Rev. Gibson: Alright, let's proceed.
Mr. Weinstein: 35679 Mr. Plummer has been stricken.
Mr. Sekan: That's the one we...
Mr. Plummer: In other words we're not going to hear that one?
Mr. Sekan:
No, that one was written after the charges ....
Mr. Weinstein: There are no charges against the Twin II or that license.
Mr. Plummer: No use confusing the matter. Alright sir, are we going to
proceed to the other one? Are we going to hear that one individually?
Mr. Connors: Alright, Mr. Sekan, do you have a license that was issued
or a document that would indicate a license was issued to the 79th Street
Art Theatre Twin I in your possession now?
Mr. Sekan: Twin I? Yes, Well,
the time we wrote this license
at that address. It was known
sorry. Twin I? Wait a minute,
Mr. Connors: That's it.
it wasn't known that the Twin I as of
because we had issued only one license
that just a... oh, wait a minute, I'm
is that the I35 N.E. 79th Street?
Mr. Weinstein: Wait, wait a minute. I got to object to the witness
asking the lawyer a question and the lawyer answering.
Mr. Sekan: Since there are more than one license at the same address
we have to find out what address we're talking about with three corporat-
ions.
Mr. Weinstein: There is a pending objection. Can we get the lawyer to
flask the questions and the witness to give the answers? There's no way
125 JUL 141977
I
I Can Cope any other way, I'M hot tisei to witnesses asking lawyers questions
and having lawyers prove out their own case with their own answers.
Mt. Connors: Well, the witness wasn't testifying to euxirthing sui'staative.
Rev. Gibson: Counselor, I thought that was"a very simple matter. you
know if there is some doubt about the address...
?dr. Weinstein: With all due respect Father Gibson I consider nothing
simple when it talks about client's right to do business.
Rev..Gibson: Alright, sir proceed.
Mr. Connors: Do you have a license Mr. Sekan or a document that would
indicate that a license was issued to 79th Street Art Theatre Twin I?
Mr. Sekan: I have a license for 79th Street Art Theatre.
Mr. Connors: Alright, what is the number of that license?
Mr. Sekan: 33865.
Mr. Weinstein: I object.
Mr. Plummer: We know.
Mr. Weinstein: The objection goes to the fact that the license has to
go to the Twin I.
Mr. Connors: Would you explain further Mr. Sekan?
Mr. Sekan: Yes. As I had started to explain at the time the Bee Gee,
Inc.,was-operating the first theatre going back three years when these
licenses war-0 issued it was not known as Twin I on our records. When the
second theatre was licensed as Twin II then this became known as Twin I.
Mr. Connors: So the license that you have ... do you have a document that
indicates that there was license issued to Twin I?
Mr. Sekan: No it was issued for 79th Street Art Theatre.
Mr. Connors: And, the number of that?
Mr. Sekan: Is 33865.
Mr. Connors: Alright.
Mr. Weinstein: I understand for the record that is however applicable
only to the Twin I. Is that correct?
Mr. Sekan: The original, yes. The original theatre, right.
fir. -Connors: Alright. S=m.going to instruct the Clerk to mark these as
City+e Let me... Mr. Clark, acting as the City Attorney
Sterbenz:
has made a ruling. We're going to ask that he reconsider his ruling on
this basis of these chaxges 'brought against the corporation. Now whether
that corporation has been convicted at whatever theatre it's been convicted
on,these convictions are against that corporation. Now, we want to revoke
all the licenses against that corporation based on convictions ofthat
corporation. I don't care which theatre the convictions took place. Now
that's the basis of these charges. We feel we're on sound ground. The
conviction is against the corporation and it's not material that the
conviction was at the particular theatre.
We Clark: Mr. Sterbenz, let me just save time, Had it not been for the
tact that the City License Department insisted on three separate licenses
126 JUL 1.4197y
and since your charges are confined to only two lice.ses there can be no
Way that you're going to proceed and I think Mr. Connors has already
indicated that he is conceding the fact that the one license is not
involved since it's not part -of the two separate charges.
Mr. Connors: No. i was just abiding by your ruling that it was not
involved. I feel that you can proceed against the entire corporation
and all of the licenses that they have indicated.
Mr. Weinstein: Father Gibson, pardon raze, are you going to allow the
re -arguing of this question? We've already covered the ground after an
hour. You own City Attorney or Assistant City Attorney has rendered
an opinion to the Commission and there was a ruling made. Are we re-
arguing that now? If we are I'd like time to respond again.
Mr. Clark: Mr. Vice -Mayor as in any situation, if the facts and the
situation changes,then the ruling of the Commission may change as well4
and I think what the point right now is,whether this Commission,when it
considers the final moment ,whether or not this corporation is fit to
hold a license that has been issued by the City of Miami. So you're
free to do as the situation develops.
Mr. Weinstein: There has already been a ruling by the Commission. If
you're indicating that you may change that. I would like to respond if
you're going to stick to your ruling there's ...
orRev. Gibson: Alright, you better respond.
Mr. Sterbenz: Let tie first as} the question. (repeated). We're asking
that as charged. There are three licenses that were charged here and
in the initial paragraph of the charging sheet. Three licences all issued
to this corporation. We're asking that we be allowed to proceed against
this corporation as to all three licenses. The convictions if they're
on the charge sheet go against that particular corporation regardless of
what theatre the conviutioris were ai:.
Mx. Weinstein. my response is vc xy simple. Your own Ordinance 30-II makes
references to the particular premises where the license entity is doing
business. The City cannot on one hand legally, and I think twice your
City Attorney has told you this. You cannot legally tell my client you're
operating two separate premises, go get two separate licenses. Then because
he was convicted of a first amendment matter in one premise,eay the other
premises must now lose its license.
Mr. Plummer; _..,w you want to pull this out of the garbage can or
not?
Mr. Weinstein: I would think if you would do it the Commission would be
in error. I believe you should follow the advice of your own Assistant
City Attorney. It just seemsso clear to me I don't want to waste any
more time arguing it. If you would look at the specifications you don't
even charge the Twin II with an offense.
Mr. Sterbenz: Charges are apecri.fically against the particular issued
against that corporation. And, 30-I1 does not say as Mr. Weinstein said.
It said the License of any person for the operation of any business may
be revoked by the City Commission at any time upon notice and hearing for
violation of this code or any other crdinance. Now this corporation has
violated the state law. 5o that allows the revocation of the license holder
of that corporation.
Mr. Clark: Mr. vice-chairman, the position of Mr. Sterbenz is correct.
But the decision is going to be up to the Commission when it makes that
bottom decision.
Ala TIM
.111E '( ii977
I
Rev, Gibson: Alright, proceed please,
MKr. Connors: Mr. Sekan, do you have in your possession documents sharked
B&C?
Mr, Sekan: Yes I do.
Br. Connors: Alright, would you tell me what "B" is then please?
Mr. Sekan: "B" is an application for license for an Adult Theatre for
Bee Gee, Inc. d/b/a 79th Street Art Theatre.
Mr. Connors: Alright. And, what's "C "?
Mr. Sekan: "C° is the duplicate copy of that license that -was issued
on December 8, 1976.
Rev. Gibson: Alright.
Mr. Connors: I'm going to introduce those into evidence at this time.
Rev. Gibson: Proceed.
Mr. Connors: Alright, at this time I'm going to offer to Counsel certified
copies of the convictions of the corporation, Bee Gee,Inc. let him examine
them, mark them and offer them into evidence. The City Commission has '"
no certified copies of both of those convictions in the file that was
prepared by the City Attorney's Office. 1
Mr. Plummer: Let me ask you a question. Did you put this back into
evidence?
Mr. Weinstein: No Mr. Plummer,it's not_beex.
Mr. Plummer: Well, let him answer please.
Mr. Connors: Did I put that document back into evidence. I have to
examine our documents.
Mr. Plummer: This is the one entitled 35679.
Mr. Connors: No I'm sorry it hasn't. Yes, I'm going to mark it right
now by the City Clerk.
Mr. Weinstein: That was the one that was previously ruled on that we
are not subject to. There are no specifications. If they're seeking to
introduce it. Before it is introduced,this Commission has got to make
a decision whether you are going to allow the City to present charges
against a license where there are no formal charges alleged in this complaint
It's just that simple. Now your own Ordinance,if you take a quick look at
it, talks about after notice, and since I was given no notice as to the
Twin I1,any introduction relative to their license or the fact that I
would have to defend that license,is grossly improper. Your own specifi-
cation,Vou don't have to go any further than to read them.
Rev. Gibson: Counsel,let me ask this question. Did you defend this
corporation in court?
Mr. weinstein: Oh sure, but I never to my knowledge had to defend the
Twin II.
Rev. Gibson: Let me ask you this. Were they found guilty?
Mr. Weinstein; I'm sorry.
Rev. Gibson; Were they found guilty the one that you're objecting to?
128 JUL 14197
Mr. Weinstein: No.
Rev. Gibson: Weren't they? Counsel over here.
Mr. Sterbenz: Your honor as we've indicated beforeyhe had notice they
were going against... very clearly in the first paragraph of the charges
of those three licenses. The revocation is based on the fact that that
the corporation which is the holder of each of -those licenses has been
convicted.
Mr. Weinstein: He didn't answer your question.
Mr. Connors: Under the license for the Twin II,which is license number
35679. Alright there are three licenses. One corporation, three licenses,
three separate places of business. License number...
Rev. Gibson: All three went to court?
Mr. Weinstein: No sir. No sir':
Mr. Connors: We don't consider that... your honor is that that corporation
has been convicted twice. It holds three licenses. That corporation has
been convicted twice. We say for the conviction it calls for revocation.
Mr. Weinstein: Father Gibson, may I answer you this way please? If you
will look just at the charges. My client is a corporate entity that has
three licenses forced to get three licenses by the City. Now, if you will
look at, they say, the following charges shall be considered. They talk
about the Rex Theatre;that's one license. They talk about Twin I Theatre;
that's two licenses. Now that's as far as they go. They do not talk
about any charges and pleaseaall you have to do is look at the counts.iou
will see there is no charge specified against the Twin II which is
license number 35679, And, there will be no proof offered. I have gotten
no notice of any. Now, it's just that simple. I submit to you the only
.issue I'm arquin.9 and I'm trying to simplify it and put it in concise terms)
is that you cannot r.voke a man's license who hasn't been convicted. You
force my client to get three licenses and you say because of one convict-
ion we're going to pull there all away. Well, he may be showing Mickey
Mouse Films. And, the third one ...
Rev. Gibson: Go right on Mr. City Attorney tell us.
Mr. Clark: The question is whether or not he's been convicted. The charges axe
that he' has been convicted twice. He could be convicted twelve times.
As the City is seeking in the first paragraph to go against three licenses.
They spelled out the licenses and they spelled out the license dates.
The position of the City is sufficient that the one corporation could
have all of its licenses held by the City revoked.
Rev. Gibson: Alright, let's proceed. Proceed sir.
Mr. Connors: Counsel examined the documents marked "C & D", certified
copies of the convictions of Bee Gee,Inc.... "D & E" correction.
Mr. Weinstein: In response I have received two documents that PurPort
to be certified copies of bench dockets. One in case number 76-58385
and one in case number 76-70742. They are what they are.
Mr. Connors: Thank you. At this time I'd like for both of these documents
into evidence as proof of the convictions of Bee Gee,Inc.
Rev. Gibson: Alright.
Mr. Weinstein: Pardon tne. Are you receiving them into evidence? Please
note before you rule on their admissiblity,the fact that I object and there
has been no proper predicate laid for the introduction of these documents
or any substantial reason to believe that they should be introduced.
'Y211 _1I11 i diet'
Mt, Connors: Alright is Counsel going to stipulate into evidence, a license t3otice
app1icatiorf`'and a license number 35679 for whatever proof they Slay be relative ta?
Mr. Weinstein: Unquestionably no stipulation.
Mr. Connors: Ok. Mr, Sekan would you step over to the Mike again please?
Mr. Weinstein: Please note that I have an objection that these license 35679 is
totally irreverent.. There has been no notice. Count I is . to one license,
Count II is as to the two that has been introduced. There is no Count III. And,
I ask for specific ruling by the Commission at this time. There is no notice of
charges on license number 356791the Twin II.
Mr. Clark: If the Vice -Mayor pleases. There is a offer by the City for the convict. -
ion. There was an objection to it. They are certified copies I understand.
Mr. Weinstein: No, no. Sir ...
Mr. Clark: Wait a minute there hasn't been any ruling on you objection. I want to
get that one straight. So if the Commission wil1,I think it should accept the cert-
ified copies of the two convictions that have been offered to it. And, there has been
ruling on your acceptance. If you admit them1then they would be 4 and 5 in evidence.
This is for the record so that there would be no mistake.
Rev. Gibson: Alright.
Mr. Clark: Now, with respect to the fact that they claim that there has been no
count against an individual license. As long as the City is going to put in all three
licenses. As long as the City is going to charge that the license holder himself
whether he had one conviction, four licenses, six licenses, two convictions, that
numerical formula doesn't make any difference. The bottom line is whether or not the
corporation that has the City licenses is going to be allowed to continue doing business
or whether those licenses issued are going to be revoked.
Rev. Gibson: Alright, sir. I accept your recommendation. Proceed.
Mr. Connors: Mr. Sekan you have some documents. Would you tell me what they're marked
please?
Mr. Sekan: Yes. City Exhibit"F" and City Exhibit "G".
Mr. Connors: Would you tell me what they are please.
Mr. Sekan: City Exhibit "F" is the duplicate license for Bee Gee,Inc. d/b/a Train II
at 135 N.E. 79th Street as an Adult Theatre. That license number 35679 issued Februar
22, 1977.
Mr. Connors: Do you also have an application form with that?
Mr. Sekan: Yes. The application shows the same information on the same date and
issued for an Adult Theatre.
Mr. Connors: Ok. Do you have any personal knowledge of the issuance of that license?
Mr. Sekan: Yes I do on this particular one because we had gone to court to get the
payment of this particular Twin Il;this particular theatre. And, that was issued after
we've gone to court. They paid it the following day.
Mr. Weinstein: May I ask a couple of ... I'm sorry Mr. Plummer.
Mr. Plummer: who is Mr. Louis Hollander?
Mr. Sekan: Commissioner Plummer Louis Hollander is an officer of Bee Gee,Inc. on
the other application. The 6fficer shown to Bee Gee,Inc. in February showed different
officers than the original licenses for the...
Mr. Plummer: But in the complaint one of those names is Louis Hollander, 1527
Washington Avenue...
lir. Mastos: Vir. Plummer, I can explain that as I drew up the charges,I called the
Secretary of State Office to and out who the Resident Agent for accepting service
was, That was the information that I got by the telephone from the Secretary of
State Office. I don't believe that he is the Resident Agent. That's the information
T got when we went out 'there.
�. JUL 141977
i
Mt. Weinstein: That exactly what I tried to tell this Cott fission an hour and a half
Ago. This corporation was sold and Lou Hollander Who had been on the application
and the Resident Agent for a license back many moons ago has nothing whatsoever to
do with the corporate entity as it exists when the charges were brought. And, try
as I might nobody wanted to listen. But now your own proof has brought it out.
Mr. Connors: Well, a corporation is a person in the eyes of the law. The corporation
existed through these licensing years. No matter1Lou Hollander was a Resident Agent
or a front for the corporation or whatever.
Mr. Weinstein: You cannot lawfully and legally charge a corporate entity whose
stockholders have changed with violations of law by prior stockholders. It's the
same situation when you have a brand new Board of Directors. You can't charge a
Board of Directors thatexistStoday with misfeasance in office created by a Board
of Directors that existed a year ago.
Mr. Connors: We still don't have any proof that there was any sale of that corporat-
ion.
Mr. Weinstein: Their own records have tended to show it. They're the ones that have
to carry the burden not us. i asked for a continuance to be able to show it to you
all. But nobody wanted to give it to me. Now your own proof has shown it.
Rev. Gibson: Counselor., let we ask you. Who are the successors?
Mr. Weinstein: I'm sorry.
Rev. Gibson: Who are the successors?
Mr. Weinstein: Different individuals sir.:
Rev. Gibson: Same corporation?
Mr. Weinstein: Same corporation, they bought the stock.
Rev. Gibson: Sarne corporation committed the act?
Mr. Weinstein: No.
Rev. Gibson: Oh no! What's the new name? WTI
Mr. Weinstein: Trying to answer you sir.
Rev. Gibson: Huh!
Mr. Weinstein: I'm trying to give you an answer. I can only answer one question
at a time.
Rev. Gibson: Alright, what is the new name?
Mr. Weinstein: There is no new name. Now, may I finish my answer?
Rev. Gibson: Now who are the successors?
Mr. Weinstein: Different stockholders.
Rev. Gibson: I hear you. Ok.
tr. Plummer: Well, who is Baker, Baker, and Baker?
Mr. Weinstein: That's exactly it. If you'll look at the license you will see the
license applications for the new yearsjall the people are different. You have the
names on your own licenses Father Gibson. If you'll look at them you'll see they
are different than the preceding people.
Rev. Gibson: But the corporation is the same.
Mr. Plummer: Yes, but you know what he is really saying and please correct me if S'M
wrong. We're convicting the old guy which has no bearing on the new guy.
Mr. Weinstein; Hurrah! My turn to say hurrah.
Mr. Plummer:
Mr. Connors
Please, nm I Tight or am I wrong?
We're convicting the corporation.
Aid
i
1
JUL 141971
eV, Gibson: That's What he's doings.
Mt. Connors: We're trying to take a license away froth the
corporation+
Mr. Plummer: I'm not a lawyer. I'm not a lawyer, Ok.
Rev. Gibson: J.L. what do you say...
M. Plummer: rather, look, this is the paper I'm referring to. uire chergiig
a man here in this count who doesn't even ....
Mr. Connors: Now Mr. Plummer, just a correction now. Louis Hollander's name was
put on that solely because of Secretary of State advised me that he would accept
this service.
Mr. Plummer: I understand.
Mr. Connors: Because when you walk up to
ticket booth and ...
-Mr. Weinstein: And, it turned out to be
couldn't and wouldn't accept service.
Mr. Reboso: Look, please...
the Bee Gee, Inc, You walk up to a
wrong. It turned out that Lou Hollander
Mr. Plummer: Had you gone you gone with this charge which you sent to them very
simply to Bee Gee,Inc. I think you'd be right. But instead you went down all of
the rest of these.
Mr. Connors: But that is notice to those people Mr. Plummer that we're notifying
everybody possible to make it as far as we can. We're telling Bee Gee,Inc, at
the Rex Theatre, at the 79th Street Twin I, at the 79th Street Twin II. We finally,
by going to a box office,found out that Mr. Weinstein does represent these people.
We then drove from the box office on 79th Street across the causeway and found him
in his office and he said yes I do represent that corporation and I will accept
service. That's how we got ...
Mr. Reboso: Let me ask a question Father. You were the lawyer of the former owner?
Did you represent...
Mr. Weinstein: Sir, I have represented the corporate entity on criminal charges.
Mr. Reboso: With the other owner?
Mr. Weinstein: With the other owner.
Mr. Reboso: Ok. Now, when this new owner bought the stocks was he aware that the
charge was pending against this corporation?
Mr. Weinstein: I'm sorry I cannot answer that question.
Mr. Reboso: As a lawyer you didn't...
Mr. Weinstein: I cannot answer that question. I know a.great deal of that corporate
deal was held outside of my spear of influence. I represent the corporate entity on
criminal charges. Now, I wanted my client here to get these questions answered.
I was...
Bev. Gibson: Counsel, let me ask...
Mr. Weinstein: I was trying to answer Commissioner Reboso.
Rev. Gibson: I'm sorry. Go right on.
Mr. Weinstein: I cannot give you answers. I don't have my client here. If m
client was here,I would get you the answers.
Rev. Gibson: Let me ask you this Counselor, don't leave that mike.
Mr. Weinstein: Oh no I'm not going very far from it.
Rev, Gibson: Let me ask you this, you know the average lawyer would say to a
corporation that these are the conditions and circumstances under which you ere
entering. You mean to tell ne you didn't advise your client?
.132
JUL 14197'
•
Mt: Weinstein: You keep wanting to sa
transaction.
Rev. Gibson: No, no...
Mr. Weinstein: I'm telling you that I am the laWyer that represented
Rev. Gibson: Aright. Ok. 1 understand. Ok. Proceed gentlemen.
Mr. Plummer: Let me ask you one more question to try to clear to bind,
Baker & Baker ever been convicted in court?
Mr. Weinstein: I can't answer that. Can I ask Mr. Mastos if he knows or Hr.
Barrish if he knows?
Mr. Plummer: Anybody that can answer. They obviously are the new owners.
Mr. Weinstein: Convicted of the charges we're charged with.
Mr. Plummer: Mr. excuse me. Please for Godsake's it's getting late and my head
is throbbing. Now Baker, Baker & Baker. Mr. Mastos do you know the answer sirs?
Have they ever been convicted as owners of Bee Gee?
Rev. Gibson: Go to the mike. Pat him under oath if need be.
Mr. Mastos: Again for the record, Ted Mastos, Assistant State Attorney. I've
handled ...
Mr. Clark: unless Counsel will stipulate tar. Mastos that your testimony be not
under oath I would suggest that the Clerk go ahead and ...
Rev. Gibson: Put him under. oath.
Mr. Mastos: I do.
Rev. Gibson: Alright sir proce
Mr. Plummer: My eve
Mr. Mastos: 'Yes.
Mr. Plummer: To your knowledge hail the new stockholders Baker, Baker & Baker ever
been since they have owned Bee Gee coo,icted of a crime?
teas the lawyer for the
Hat taker,
Mr. Mastos: Yes.
Mr. Weinstein: May I ask him a question? Mr. Mastos on the crime charged on November
2,1976,you don't know which corporate officers were then the officers and stockholders
do you?
Mr. Mastos: Alan,if I can recollect for a-minuteswe took a plea on the first case
and that was for a finding of guilt,adjudication of guilt, and $250.00 fine. Now,
when the second case came along you told nee that there were new people and that we
would treat them as a first offender. So I offered you the same plea of the $250.00
fine and finding of guilt, and adjudication of guilt, because as you know my policy
on a second conviction we ask for a higher fine on a corporation.
Mr. Weinstein: Very good. What I'm asking you then in response to Mr. Plummer's
question to you is that in fact there was one conviction of one group of people and
one conviction of another group of people.
Mr. Mastos: That's what you represented to me Alan.
Mr, Weinstein: Alright, which theatre was which do you know?
W. Mastos: Alan, I don't remember which was which.
tion to you `for. the record.
Alright, and you don't know which was the change in
W. Mastos: No,other than what you told me,
S. Gordon: I honestly don't see what difference it makes. 'he corporation is the
group that has responsibility and in effect in my thinking is that if someone wanted
tie evade if we accepted that. So it could reasonably define their interest to some
third party and be excused from any kind of action whatsoever under this ordinance,
vet JUL 141977
1111111111111111 ■1- 11 11 III 1111111111111111.1111111 II III
If you won't accept that, Iiowever, according to what I just heard both sets of
individuals have had their problem and have had convictions.
Mr. Weinstein: Yes, but may I point out that a single set of individuals is charged in
two counts. The thrust of my legal position and we may very well be beating a dead
horse at this time. It's simply that you cannot hold accountable subsequent successors
and interest for the actions of a prior group of individuals. I have a disagreement
as to the law with the people presenting the case for the City. They are telling you
to accept that proposition of law. I am submitting to you and essentially for
purposes of the record that you cannot accept that proposition of law because it is
incorrect. It violates an individuals constitutional rights to do business. It would
be the equivalent of telling a successor and Interim 'Board of Directors that they
are responsible and accountable for an initial Board of Directors actions. You just
can't do it. You can do what you want but I mean legally you can't do it.
Rev. Gibson: Alright. Go right on sir. Proceed.
Mr. Connors: I'd like to ask to read back what Mr. Sekan last bit of testimony was
but that will take too much time. Mr. Sekan do you remember where you were with
identifying those documents that are in front of you?
Mr. Sekan: I believe that we were referring to 35679 which was Bee Gee,Inc. d/b/a
79th Street Twin II as an Adult Theatre. The license was issued on February 22, 1977
of which I have the signed application , the original.
Mr. Connors: And, that is City Exhibit "G".
Mr. Sekan: And, the duplicate license containing the same information which is City
Exhibit "F".
Mr. Connors: Alright, and you have the duplicates because the original is where sir?
Mr. Sekan: The original is at the theatre at 175 N.E. 79th Street.
Mr. Connors: Alright thank you. At this time I'm going to offer those exhibits into
evidence as proof that the Bee Gee,Inc. has a City License
Mr. Weinstein: Mr. Sekan these make reference to the Twin II Theatre do they not?
Mr. Sekan: Yes.
Mr. Weinstein: Alright, I would object insofar as their have been no specifications
or charges or notices against the Twin II Theatre. I renew all my prior ...
Mr. Connors: I object to that objection. It's getting redundant and we know what that
is. We know what you're saying.
Mr. Weinstein: For the record I renew all my prior objections.
Rev. Gibson: Alright sir I understand. Proceed.
Mr. Weinstein: You've got to make a ruling Mr. Vice Mayor.
Rev. Gibson: Oh, I'm going to out vote his position. Go right on. Alright, proceed
sir.
Mr. Connors: Ok. At this time we've established that Bee Gee,Inc.
Mr. Weinstein: Well, I'm going to object to what he's established. It's for this
Commission to find out what he's established and to rule on it. And, not for him to
make a statement what he's established. I think your own City Attorney will tell you
that.
Rev. Gibson: Make your statements and then we'll rule.
Mr. Connors: Alright, at this time the City Attorney's Office has established that
there is a corporation Bee Gee,Inc. :It holds three City of Miami Occupational Licenses
to the City of Miami
Mr. Clark: Mr. Connors, I think in fairness to the procedure if you have anymore test-
imony and I recognize that you're suming up, more or so to speak but I think we ought to
let him make his motion and then you can sum up. )Sr, Vice -Chairman I think that would
probably be proper.
Rev. Gibson: Alright sir. Please proceed.
324
JUL 1.41977
Mr. Weinstein;
At this time Z move that these specifications and charges be
dismissed since the City has not established a prima facie case.
Mr. Clark: Mr. Vice --Chairman, I suggest to you anytime that you get one of these
objections and if you feel that you have the will and concensus of the oo ssithe
7 chair that
then take the position that itr of the c:ommissionecan overrule theeVer decisioh that you
concensus is. Now, any member time you moved.
make or the ruling of the chair. So, at any feelly that youer wantof it Moved ih
All you have to do is deny subject to being overrule by
who wishes to overrule you. And, that way you can proceed a lot swifter.
Rev. Gibson: Alright, I want to deny, unless some of the rest of you wish to ...
Mr. Plummer: Father. Gibson the only
area that I have any qualms in is on this 35670.
I think it's very clear here that they have to produce the license and f ll'icense
has not been produced. Just because a license application was applied
tt is
not
were held for two and three years. So
evidence to me that in fact there was ever a license issued much the contrary.
in fact in all the others the case where tY►tO you that this one will not be considered
in this particular case Father I would say
by me. The other two will.
Rev. Gibson: Alright. Let's get the will of the majority. Rose, what are you on
this?
Mrs. Gordon: I would accept the..
Rev. Gibson: Where are you Reboso?;'
Mr. Reboso: ?
Rev. Gibson: Alright, that's
Mr. Weinstein: I guess it'snee my
Mr. Plummer: Excuse me, Fattier, what was the final rule.
Rev. Gibson: Rose, Reboso, and Giresun, you were different.
s
Plummer: Ok. I've
Mr. Weinstein: I assume you ate ruling
upon us to produce some evidence.
Rev. Gibson: Yes sir.
Mr. Weinstein: Alright, at this time based on the
ofact
.tat I have
e otd been
fablent
e
to properly prepare a defense,I have nothing to P ct
prepare a defense or get with my client. From the initial ruling that
time to understanding is that I will be
preceded all of these matters this afternoon. MY
at the next hearing whenever that
allowed to. There will be no formal vote taken and that the matters will abate at
this point and I will be allowed to present anything
maybe. That was my understanding of the initial vote that preceded all of this.
the hearing having commenced and reached its point. We
Mr., Connors: Cm the contrary to consider it, complete it.
have no alternative but to ask you
Mr. Weinstein: Mayor Ferre and all of you ruled previously that I would have be granted
But
a opportunity
,tget you are going to go ahead tonight.
n
opportunity to get with my client. You would
anednpresent aaatterfinal votes soaig���"'ase that
I
would have an opportunity to get with �' ruled.
would have stood mute. Now that's what you
Rev. Gibson; Does anybody else understand that to be this situation? Anybody who
concurs with them?
Sr. Plumner: Father. I don't necessarily concur but Mayor Ferre did make the statement,
Mrs. Gordon: And he absented himself.
Fey. Gibson: And be absented himself,
tieuse reeeeing himself
MrWeinstein: The Clerk, 1�e sdi.dmti��m" resSi4 what��sd#r�&e, �ee���pn of this,
andOlen he left, but that's what ay P
there we
ere. Proceed.
turn since'•
been in that boat before'.
Vice -Mayor -that it is now incumbent
Mr.
i
1
JUL 141977
tev. Gibson: 3 don't think he could do it. He can't speak for us,
Mr. Weinstein: But he was the presiding chair at the time that he said it: What
do you mean he can't speak for you? He said it.
Mr. Plummer: Why don't you ask him?
Rev. Gibson: That's why he turned that gavel over ..�
Mr. Weinstein: No sir gotse of a recusancy with
Y
a lawsuit that I have. Before cweceven d•Ht that point, 1 asked for a continuance.
When we were talking about my continuance,that was in order of preceding before we
got to ...
Rev. Gibson: We agreed to take every case individually. Wasn't that the understanding
Mr. City Attorney?
Mr. Weinstein: Each case individually and then when you started my case after you
heard my request for a continuance,the ruling from the chair from Mayor Ferre who
still had the gavel at the time,was that you would go ahead there would be no final vote
and I would have an opportunity to present evidence subsequently. Now, that's what
the ruling was and the record will speak for that.
Rev. Gibson: Man, if I knew that's what I was doing all time I'm spending God forbid .
Mr. Weinstein: Well, that is what the record will support and I am sure of that.
Rev. Gibson: That was not my understanding.
Mr. Weinstein: Well, you can't back track on me now sir with all due respect.
Mr. Plummer: Father, once again, Mayor Ferre is in the building. Let's ask him.
Mr. Reboso: I think the Mayor said let's listen to one side only, but then he decided
that were going to listen to both sides, so we can take a vote.
Rev. Gibson: Alright, anybody has an opinion contrary to what Reboso just said. Say
it again Reboso.
Mr. Reboso: The Mayor said that we will listen to the City Attorney's Office and
then at the later date we will listen to the other side. And, then when we decide to
hear the case it was a complete new ball game.
Rev. Gibson: Alright.
Mr. Reboso: But we can ask him. He's upstairs.
Rev. Gibson: You want to ask him?
Mr. Plummer: I for one want to ask just for clarification.
Rev. Gibson: Call him.
Mr. Plummer: It was my understanding that we were going to hear them all tonight
and then hold adjudication until September 8th at which time... May I finish?
Rev. Gibson: Let's hold it the Mayor is on his way.
Mr. Weinstein: Father Gibson, there is one matteroif I'm forced to present evidence
tonight that I will want to present again] not waving my right from my understanding
that I wouldn't have to proceed tonight, but if you then put me in that position
there is only one matter I want to present since Mr. Mastos is here.
Rev. Gibson: Alright, you want to wait until the Mayor comes?
Mr. Weinstein: Oh yes, I don't want to prejudice my position in anyway. Welcome
back Mr.Mayor,we missed your presence.
Mayor Ferre: Well, I didn't miss being here I want to tell you that very honestly.
I almost fell asleep.
Mr. Weinstein: And, there is a question that they want to.,.
Rev. Gibson: Mr. Mayor, the question is whether or not we were to take a final vote
or position on this now?
136 JUL 3M9
Mayor ?erre: It was the statement that 1 made and here's what I perceived what
happened. The gentleman here stated that he did tot have his counsel, he did not
have his client and therefore he couldn't consult with him and then we questioned
him as to when he had left and why he had left and when he talked to him, etc., etc.
The man said that hadn't talked to his client and therefore he demanded that this
be continued. We went around and around on that item until finally as I remember
what happened. I was overruled, or I actually didn't rule anything. What I tried
to do was I tried to accommodate something. We tried to go to September 8th.
Everybody objected to that because that's too far away and then we started to talk
about July 21st and we couldn't do it. Then we talked about July 27th and Plummer
couldn't do it and then he said that his client wouldn't be back or he was going
on vacation tomorrow and he wouldn't be back until the 15th of August.
Mr. Plummer: Pir. Mayor, may I try to cut this short? Did you make the statement
that we would hear this but withhold adjudication? That's what's up -in the air.
Mayor Ferre: No. What I said was this. I said, why don't we hear this matter
and then decide what to do after we've heard all the testimony. Now that's what
I think I said.
Mr. Weinstein: Did you not say Mr. Mayor and did I not specifically inquire of you
• specifically on the record that were you ruling that I had the right to present
evidence at a subsequent hearing when the vote was taken?
Mayor Ferre: Yes.
Mr. Weinstein: I asked you that question and you said yes, isn't that true?
Mayor Ferre: Yes as I recall you said, will I be able after discussing with my
client to introduce new evidence if I have to?
Mr. Weinstein: Right.
Mayor Ferre: and, I said to you,yes if that's something that at the end of everybody's
presentation you feel that you're going to need I don't see how in the world we can
deny you that right.
Mr. Weinstein: Thank you sir. That's exactly what I knew you ruled.
Mayor Ferre: Now that doesn't mean that this condition can't come to a tentative
conclusion by voting on it and still purposely within it's right permit you to
re -open this thing at a later date.
Mr. Weinstein: As long as I have the right to present my defense,you want to take
a tentative vote that's already been done because you've ruled that there is a
prima facie case at the close of the city's presentation. So now that's been ruled.
Now before the final vote. My position I want to present some evidence and I want an
opportunity to confer with my client and that's what's you ruled before.
Mayor Ferre: Does that clear up my position? Mr. Clark?
Mr. Weinstein: Yes to me.
Mr. Clark: It does but there's one remaining item that,if,there's a witness here to-
night ,an Assistant State Attorney who has been represented as a possible witness. I
would suggest that if the respondent wants to introduce any evidence or testimony that
he now has that opportunity because if he has nothing new from his client he will have
lost an opportunity to present proof.
Mr. Weinstein: I will, without waiving my right to put on evidence after I get with
my client. I will put Mr. Mastos on for a couple of questions and then we'll go from
there.
Mrs. Gordon: I've got to ask the Attorney a question, since you ruled before with
telling Father Gibson our Vice -Mayor that if the body disagreed with his ruling that
we could proceed ...
Mayor Ferre; You don't need me at this stage, right?
Mr. Weinstein: I would like you to stay around because I may,
I'm going to call you as a witness.
if I'm forced to proceed
Kr, Clark: ;tell, then I think you ought to excuse the Mayor.
Mr, Weinstein; lies not taking s vote. I'm going to call him
He's recused himself...
as a witness. via going
MI 4 A 4A7'7
to ask hiti a couple of questions.
Mayor Ferre: 2 have recused myself...
Mr. Weinstein: Absolutely. I'm just going to ask you a question. t have A right
to present witnesses and I'm going to ask you questions.
Mr. Clark: Mr: Vice -Chairman, I would suggest that you permit the Mayor to leave
as long as he has been the subject of recusing himself and the Counsel has indicated
he may ask him a question. The Mayor wants to leave. I think he could be permitted
to excuse himself.
Rev. Gibson: Alright Mr. Mayor. Ok let's proceed.
Mr. Weinstein: Where are we?
Mrs. Gordon Will you rule as to whether or not this Commission must abide by ...
Rev. Gibson: My understanding is we have the perfect right and liberty now to take
a vote.
Mr. Weinstein: To take a vote on what?
Rev. Gibson: On whether we ought to revoke that license or not revoke it.
Mr. Weinstein: That's not the issue at this point. The issue is whether or not I
am going to be able at a later date to present evidence and continue this hearing
until that point. That's vote number one.
Rev. Gibson: No, no. I don't perceive that I'm going to leave this an open-end thing
now.
Mr. Weinstein: Well ok. But there are three other Commissioners.
Rev. Gibson: Wait, wait, wait, if you have any witnesses put them on now. And, if you
don't have any,I'm going to ask for the vote. And, if later on they want to re -open
that's their right.
Mr. Weinstein: May I understand then the concensus of the Commission is that this is
at this time I must present my evidence and am not given an opportunity for a postpone-
ment subject to getting my client in. Is that the understanding of the Commission?
I just want it very clear on the record.
Mr. Clark: Mr. Vice -Chairman as I understood Mrs. Gordon's question which I never
answered, but which I understand it to be,is this,the Mayor was called now here to
put whatever input he had before you four Commissioners. The chair meaning yourself.,
still in a position to rule and I would think supported by some of the statements made
by the Mayor, but this is a decision that the four members of this Commission is going
to have to make. If it's the chair ruling that the option was left open after hearing
all the testimony to take a final vote,or to grant a continuance then so be it. Sub-
ject to being overruled by members of the Commission. What I'm telling you is that
you can take a vote or you can grant a continuance and you have the chair you can make
the ruling. Subject to being overruled by members of the Commission.
Rev. Gibson: Do you want me to get that poll now sir?
Mr. Weinstein: 2'm sorry.
Rev. Gibson: Shall I get that poll for you now?
Mr. Weinstein: The poll?
Rev. Gibson: Yes, to find out whether or not ...
Mr. Weinstein: Yes please. I would like an opportunity to recess now as I was under
the impression. I think the record supports my position and Mayor Ferre supports it
when he came back in, to have a recess to consult with my client and then present
evidence.
Rev. Gibson: Let me ask... ok. I'm going to make this very clear, All of the
members of the Commission who are now willing and ready and able to take a vote...
e. Weinstein: Well, you can't take a vote. I've got to present evidence at sometime.
Rev. Gibson; ¥ou better present it now then.
135 JUL 14197
Mks, 6otddn: What kind of recess are you asking for?
W. Gibbon: Say what?
Mra. Gordon: What kind of recess are you asking for
?Ir, Weinstein: I am asking for a recess which i was given by the Mayor when he
presiding officer.
Rev. Gibson: Man, wait a minute the Mayor can't give you a recess, That's why We
have five. All of you who wish to give this man a recess indicate tight now, Plummet
where are you?
Ir. Plummer: That there is no recess.
Rev. Gibson: Alright. Reboso where are you?
Mr. Reboso: No.
Rev. Gibson: Rose where are you?
Mrs. Gordon: No.
Rev. Gibson: Alright, Gibson where are you? No
as
Mr. Weinstein: Very good. See that makes the record very clear. all Iask.
Mr. Sterbenz: Mr. Chairman the resolution is in the same form...
Mr. Weinstein: Before you present a resolution, may I put on the case that I can
without my client?
Mr. Sterbenz: Yes sir.
Rev. Gibson: Alright, please.
Mr. Weinstein: Thank you very much.
Mr. Mastos please,
Mr. Mastos: I came only as an observer and ended up a witness, but then as it may.
You want me sworn again?
Mr. Weinstein: No. You were previously sworn Ted. I'll accept your.. assuming the
City will. You've already been sworn on this hearing because you testified. One
question 79th Street Twin II. Twin I7 now, there ever been a conviction?
Mr. Mastos: No.
Mr. Weinstein: Thank you.
Mr. Mastos: May I explain?
Mr. Weinstein: I just asked you ifthere was a conviction?
Mr. Mastos: Alright.
Rev. Gibson: You have a right to explain.
Mrs. Gordon: Explain.
Mr. Mastos: The theatre is divided into two parts. On Twin I we have obtained a
conviction because heterosexual material has been shown. In Twin II...
Mr, Weinstein: May I point out and object that? The reason they have or haven't
gotten convictions is immaterial. The only question is, is there a conviction,
The question was asked and he answered it "no" there wasn't.
Mrs. Gordon: I want to hear more.
Mr. Weinstein: Why not. You've opened everything else.
Rev. Gibson: Go ahead on sir.
Mr. Mastos: Twin II has shown homosexual material, ,And up until the mandate that
this community issued during the Gay Rights Ordinancetno one in our office had ever
attempted to bring a case involving hard core homosexual material for the simple
AIL 4 7
reason there was some indication you would need an expert to show that this material
appealed to the purient interest of homosexuals, In light of the community's
attitude.now I'm not sure you would need an expert anymore.
Mr. Weinstein: There still hasn't been a conviction has it?
Mr. Mastos: No there still has not been a conviction on Twin II,
Mr. Weinstein: My point .. the ordinance says that after a conviction you know
violation of law...
Rev. Gibson: Did you sir, do you have some more witnesses?
Mr. Weinstein: Yes Mayor Ferre is my next witness,
Rev. Gibson: Alright.
Mr. Clark: Mr. Vice -Chairman I suggest that you request the Mayor to appear in order
to satisfy our
Rev. Gibson: Alright, if the Mayor is around. Mr. Mayor will you please come forth?
Mr. Weinstein: Mr. Vice -Mayor will you swear the Mayor?
Rev. Gibson: Alright, Mr. Clerk swear the Mayor.
Mayor Ferre: I do.
Mr. Weinstein: You haven't been sworn yet Mr. Mayor so you can't I do.
Mr. Ongie: Do you solemnly swear the evidence you're about to give in this case
will be the truth so help you God?
Mayor Ferre: Alright counselor we'll see you through.
Mr. Weinstein: No sir I have no intention of drilling you. I just want to ask you
a couple of questions. You sir are President of a corporate entity known as Miami
Caribe,are you not?
Mayor Ferre: No sir that's not correct.
Mr. Weinstein: You hold an office in that company?
Mr. Clark: Mr. Vice -Chairman if the questions are going to be directed to the matte-
of whether or not the ruling or the recess I think that the questioning of the Mayor
of our city is proper. However, since the Mayor recused himself from any action or
decision in the merits of the file I would respectfully suggest that you limit the
questioning and instruct counsel that the questions be directed to the issue of whether
the recess or whether the final vote.
Mr. Weinstein: Pardon me I am going to call this man as an independent witness on
behalf of the respondent having nothing whatsoever to do with the questioning of a
recess or anything else. I am going to call hiss as a witness to rebut the allegations
that have been made and I have every right to do so. There has been allegations made.
There has been contingents of law made and I have a right to present my case as I see
fit with the limitations of the fact that I haven't yet consulted with my client. So
I've got to do the best possible job I can within the constraints that have been
imposed upon me by this Commission. This is the witness I want to call and if I'm
being limited,then I intend to proffer the testimony.
Mr. Clark: With that explanation and as to what he hopes to prove by Mayor Ferre's
testimony'having to do with a question on the defense that he might have. 'I suggest
that you let him confer with Mayor Ferre for two or three minutes and find out in order
to save a lot of time.
Mr. Weinstein: I don't have to confer with Mayor Ferre. I want to ask him the
questions and I want to elicit answers.
Mr. Connors: We'd have no objections to a proffer at this time.
Mr. Weinstein: I have the right to present a case. And, I've called a witness.
Mr. Clark: I see no objection your honor to proceeding as long as, and keeping in
wind the fact that it should be limited to the issue before the Commission.
140 till 1 4 1g7 7
Mr. Weinstein: That's right. I'm going to lay a ptedicate to show that this bah is
eibihently qualified to testify in a question of license revocation, ok?
lr. Connors: We'll stipulate to that.
Mr. Weinstein: Well, that's fine. I would like to ask my questions Without their
stipulations so I can make a record. Alright, Mt. Ferre you ate a corporate officer
in Miami Caribe are you not?
Mayor Ferre: Yes.
Mr. Weinstein: And Miami Caribe owns substantial amounts of property and holds
occupational licenses do they not?
Mayor Ferre: We own substantial amount of properties, yes. I don't know to what
extent we have occupational license.
Mr. Weinstein: Within the City of Miami?
Mayor Ferre; Yes we own land within the City of Miami.
Mr. Weinstein: Alright. And, you have in your property certain zoning regulations
that your property has had to comply with isn't that true?
Mayor Ferre: That is correct.
Mr. Weinstein: Alright sir, and is it not also true that certain portions of this
property that Miami Caribe owns/consisted of an Adult Theatre known as the Paramount
Theatre on Flagier Street?
Mayor Ferre: The property that you're referring to the Paramount Theatre was purchased
by Miami Caribe about 4 or 5 years ago. At the time of the purchase there was an rperat-
ing theatre known as the Paramount Theatre which had daily functions and which or what-
ever it was,and which we had a contract to the best of my recollection there was an
existing contract that had certain clauses that permitted us to break or change the
contract and which had some time limitations, the details of which I do not remember.
Mr. Weinstein: The question was when you're all done with that and I couldn't quite
follow your answer. Did Miami Caribe lease the premises to the Paramount Adult Theatre
which showed x-rated f'_ltns, yes or no?
Mayor Ferre: It's not that simple. You want me to answer or not?
Mr. Weinstein: You can answer yes or ao and then explain all you want.
Mayor Ferre: Well, I'll answer it if you'll give me the opportunity to explain.
Mr. Weinstein: Yes or no.
Mayor Ferre: The answer to the question is that when we purchased the property there
was a contract, yes. A lease. And, yes there were pornography films shown.. And, yes
that was something that was going on at the time through no action of ours since we
were not the ones who either initiated or signed or renewed the contract and it was
our intention immediately as you well know since you were informed that we wanted to
stop and break that lease as quickly as possible.
Mr. Weinstein: Mayor Ferre I appreciate your candor sir. Now, as a matter of fact,
you let those premises get down a certain zoning violations occur.
Mr. Clark: Your honor I'm addressing myself to the Vice -Chairman and I suggest to
you that the bounds of the testimony with respect to the issue before you has exceed
the boundaries that....
Mr. Weinstein: May I respond? May I respond? I'm going to tie it up.
Mrs. Gordon: Let our attorney finish sir.
Rev. Gibson: No, no. Wait a minute....
Mayor Ferre: Mrs. Gordon, what is it you're trying to do here, because,.,
Mrs. Gordon: No, I don't know what. I want to hear what he has to say,
Mayor
I may
Ferre: Well, but the point I'm trying to,., I think that I'd like to make if
interject, to interrupt for a moment and put it to you this way, ok,
141 JUL 141977
•
M. Weinstein: Mr. Vice -Mayor I have an objection to the witness taking his
statement.
Mrs. Gordon: I'll keep quiet. I won't say anything.
Mayor Ferre: Well, they were asking me questions which he's obviously, you know
what he's doing. He trying the case. He getting me. He's deposing me right now.
Mr. Weinstein: No I'm not. What I am doing and if everyone had let me do it here.
I've got two more questions to ask him. I am going to show that a license ,..
Mrs. Gordon: Wait a minute sir. Our attorney was telling us something and you
didn't let him finish. The Mayor also didn't.let me let him finish.
Mr. Clark: Mr. Vice -Chairman?
Rev. Gibson: Yes sir.
Mr. Clark: I might suggest to you that you ask counsel what are the two questions
he wants to ask.
Rev. Gibson: Name them counsel.
Mr. Clark: Ask the questions. Give you the questions and then you make a decision
as to whether or not you want to let...
Rev. Gibson: Alright, let me hear them counsel. Question one.
Mr. Weinstein: Mr. Vice -Mayor just hear me out. I'm going to give them to you if
you'll hear me out. I have a right to present...
Rev. Gibson: Let me say this. We're going to run the meeting.
Mr. Weinstein: That's fine.
Rev. Gibson: And, I want to make sure you understand that we run an orderly meeting
and if you,listen, and if you cannot adhere to the rules we set forth,you.have a choice.
Mr. Weinstein: Sir what axe the choices?
Rev. Gibson: Well, you know what the choices are. I shouldn't have to tell you.
Give me your questions please.
Mr. Weinstein: The questions are as follows Mr. Vice -Mayor. I'm going to ask Mr. Ferre
whether or not violations of the law occurred which resulted in the revocation of the
permits for Miami Caribe on certain premises question number one. My next question is 6
Mr. Clark: I think you take them one at a time Mr. Vice -Mayor.
Rev. Gibson: Alright . What does that have to do with this subject?
Mr. Weinstein: Well, why don't you let me give you the next question then we'll see.
Rev. Gibson: Alright, let me hear the next one.
Mr. Weinstein: The next question is whether or not a violation which occurred on one
premise resulted in the City of Miami taking action against the rest of the Miami Caribe
property and holdings. You see how it ties up. And, maybe you don't.
Rev. Gibson: Counsel, counsel, let me say this. I'm not the smartest lawyer in the
world.
Mr. Weinstein: I think you were a lawyer at all.
Rev. Gibson: Well, I went to law school for one day. Let me say this. I don't think
either question has anything to do with the matter under discussion here.
Mr. Weinstein: Then I would assume you will be consistent in your ruling and rule
that the fact that one of my client's premise violated the law had nothing whatsoever
to do with their other license. I mean, you're going to be consistent in your ruling
aren't you?
Rev. Gibson: Counsel, evidently you want to tell us how to vote, but I want to
promise you this we're not going to let you...
42 JUL 141977
Mr Weinstein: I knew how you Were going to vote before this started Father Gibson.
Rev. Gibson: Well, then you know I knew what you were going to do before you started
to. That's why they pay you.
Mr. Weinstein: Yes, I've got those two questions and I want a ruling whether they
can be asked.
Rev. Gibson: I'm going to rule that they're out of order . They are
and have no bearing. Ok. Alright, you have any other matter?
irrelevant
Mr. Weinstein: Subject to the right of being able to present additional defense
testimony after I speak with my client. I have nothing further to present.
Rev. Gibson: Alright what is the wish of this body?
Mr. Clark: Let him repeat that Mr. Vice -Chairman. I didn't hear that question.
Rev. Gibson: 1 want to know what is the wish of the body?
Mr. Plummer: I'll tell you what the wish of this one is. I'll tell you I've
just about had it up to h .:e, ok. I have never in the 8 years that I have sat on
this Commission been associated with such asininity from all sides and I'm going to
tell you something we t;.:`.ivon t got a damn thing accomplished. Nothing. And, I tell
you I don't mind sitting here as long as I'm working for the good of this community.
But when somebody tellsmc that we're accomplishing something here{by God you better
prove it to me and nobody has proved it to me yet. You're going to hear five more
of these things. I have- ver seen such damn poor preparation for a case as I've
sit here an listened to. o'w, I'm sorry.
Rev. Gibson; Alright x: i=roceed.
Mr. Connors: The City rs},In.. wi th this case.
Rev. Gibson Alright, is the wishes of the body? Do you have a resolution?
Alright let's have it.
Mr. Connor.: 7 think we're getting a resolution typed at this time.
Mr. Weinstein: Did I understand the City Attorney to say he's getting a resolution
typed at this time?
Mr. Connors: That's correct.
Mr. Weinstein: Are we in recess? May I be excused until it's present? I assume thats
the next step.
Rev.Gibson: How long is it going to take?
Mr. Connors: Sterbenz might have the resolution in his hand right now.
Mr. Sterbenz: The resolution is in the same form as the previous ones. Mr. Weinstein
has a copy. She's stapling the others right now.
Mr. Plummer: Vice -Mayor first let me apologize to all present for exploding. Now, let
me try to be rational for a minute. Mr. Clark let me ask you a question sir? I'm not
a lawyer and I'm not a Judge, but what I've seen here this evening I don't think would
stand up in any court of law. I really don't. I'm just giving you an undertaker's
opinion. Would we be smarter sir to take and allow the City Attorney's Office to come
back with a much better presented case so that we don't throw this whole thing out.
I don't there's anybody here who is trying to accomplish an end more so that this
Commission. They've shown it in its past actions. But I don't see this tonight as
accomplishing that. 1 really don't. I see this as nothing more than a stumbling block
to go to court and get this whole procedure thrown out. Now are you advising us as
a Commission to proceed with these cases as they are or would your honest legal opinion
to tell us retreat and better prepare these cases in a more factual way.
Mr. Clark: Mr. Vice -Chairman in response to Commissioner Plummer's question. I believe
that this Commission is thoroughly competent to handle this matter and to its creditiit
doesn't revoke licenses everyday. And, if we had a machine well-oiled that would present
cases that would take away people licenses I would think that there was something wrong
with the City Commission. I submit to you that there has been preparation on the part
of all concerned in proceeding against the licenses that are involved here. And, I
submit to you that even though it's disagreeable and it's late I think you've made a
143 JUL 141977
decision as to proceeding at best you would be just relieving yourself of a chore
Which is onerous and burdensome. But in response to my question 1 think that there
is every bit as sound a case that will be put on now as will be put on at any recess:
Mr. Plummer: Well, that ain't saying much. Ok. Thank you for answering my
question.
Mr. Connors: Well Mr. Plummer ,the extent of the City's case in everyone of these,
was to prove that they had a license ,and to prove that they've been convicted. The
City has done that in every case. Now, the question came up.(let me finish this is
just very personal at this point then, excluding it from the legal aspect of it).
We had the opportunity to put only one or two of these things on the agenda to see
•how it would go, but rather than do that,all of them were put on the agenda. It
was against my recommendation that this be done. Because I knew that these proceeding
could be premature . Also when you drag eight attorney's down here or however
many or here to have a hearing at 4:00 o'clock it is obvioully going to go on until
9:00 o'clock and we're only three or four of them was not the proper course of action.
It was my advice that these all not be put on the Commission's agenda at this time.
However they were and for reason I don't know but we're doing the best we can with
this big pile of paper in front of us here.
Mr. Weinstein: May I have a brief closing statement before you vote. You have a
resolution presented to you. I have the following comments to make. Your resolution
number one has a finding that there is a corporate entity known as Bee Gee,Inc.
I ask you to search your minds to look for any proof that there exists a Florida
Corporation or any other corporation known as Bee Gee,Inc. Please understand that
the record is • void of such proof. It could have been introduced a certified copy
of the charter, articles, of incorporation . There could have been a lot of things
introduced,but obviously there was nothing introduced. Point number two, your
proposed resolution finds that license number 35679 violated the law. There•is no
violation of law proved or charged and in your own resolution which recites the
violations of law. you cite no violation of law against the 79th Street Twin II
Theatre. I submit you cannot revoke their license because the second proof of the
test that you each have made reference to now has not been proved. That license
holder has not violated the law. Now the fact is that a corporation holds lots of
licenses. You can't take every license away from that corporation because one of
the licensee violates the law. I as an individual,/ can have ten occupational
licenses. Let's say I'm a contractor. Let's say I'm a builder. Let's say I'm a
used car salesman, and I have ten occupational licenese for the City of Miami. Now
in effect what your resolution says is if I violate the law as a contractor you can
take away my license as a builder, as used car salesman and as whatever else I am
licensed by the city. Now, I think common sense gentleman shows you you can't do
that. Now it's just very simple. So as for license number 35679 you can't take that
license. There was never any charges made. There was never any proof presented.
That's really all I have to say. And, I submit to you that no proof on the other
two have adequately introduced either.
Rev. Gibson: Alright, is there a motion? Is there a motion?
Mr. Reboso: I'm going to make the motion Father.
Bev. Gibson: Alright.
Mr. Reboso: Because I don't think it's any difference in the license. The example
that you put and the fact that you were the lawyer of the former owner and you are
the lawyer of the present owner. I think that you were aware of these said theatres
were charged. And, I move to revoke the license.
Rev. Gibson: Alright, that's the motion.
Mrs. Gordon: I second the motion.
Rev. Gibson: Alright. Under discussion. Any discussion! Call the roll please.
The following resolution was introduced by Commissioner Reboso, who moved
its adoption:
RESOLUTION NO. 77-564
A tESOLUTION REVOKING CITY OF MIAMI LICENSES
ISSUED TO BEE GEE, INC., d/b/a REX CINEMA THEATRE,
7929 N.B. SECOND AVENUE, MIAMI, FLORIDA, AND BEE
GEE, INC., d/b/a 79TH STREET ART THEATRE, TWIN I
AND TWIN II,
144 JUL 14197
(Pete follows body of resoiutir h t bn itted hate and oh tile
in the Office of the City Clerk.)
Upon being seconded by Coninissioner Gordon, the tesoiutibh ties peeeed end
adopted by the following Vote, -
Mgt Commissioner Manolo tteboso
Commissioner hose Gordon
Commissioner J. L. plunnner, Jr.
Vice -Mayor (Rev.) Theodore R. Gibsoh
ABSTAINING: Mayor Maurice A. Ferre.
ON ROLL CALL: FURTHER DISCUSSION.
Mr. Plummer: Yes, excuse me. Revoke the lioehse of Hee Gees
Rev. Gibson: That is not what he said.
Mr. Reboso: A resolution.
Mr. Ongie: The resolution says revoking City Of Miami license ...
Mr, Plummer: As I understand we're revoking the license of the corporation,
that correct?
Rev. Gibson: Yes.
Mr. Plumper: Ok. I vote yes,
Mr. Weinstein: I assume I will be given a copy of the resolution certified by your
City Attorney or whoever certifies your resolutions.
Mr. Plumper: Wait a minute, excuse me. So that we are consistent. Father, on the
other motions there was a time element involved.
Rev. Gibson: Alright.
Mr. Plummer: Is there such in this? I'm only asking for information.
Rev. Gibson: Alright:, let's deal with the time. What is the time?
Mr. Plummer: One year.
Rev. Gibson: Alright is that a motion? A motion by Reboso. Seconded by Gordon.
Mr. ongie: I'm sorry sir I was interrupted.
Rev. Gibson: That he be given a time. The time is the same.
Mr. Ongie: Alright.
Rev. Gibson: Call the roll please.
*THE PRECEDING MOTION INTRODUCED BY COMMISSIONER REBOSO, AND SECONDED BY
COMMISSIONER GORDON WAS PASSED AND ADOPTED BY THE FOLLOWING VOTE:
AYES: Commissioner Rase Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice --Mayor (Rev.) Theodore R. Gibson
ABSTAINING: Mayor Maurice A. Ferre.
Mr. Plummer: Mr. Prosecutor?
Mx, Connors; Yes sir?
,M,r. Plummer: How many more do we have to 90.?
Mr. Connors; We have Gayety Theatre, 34c.
Mr, kl.uamer; Which one?
M. Connors: Gayety. Where is an attorney representing Gayety here, We have
Tmport Investment Services as the BSPQrt SerV .ce, We have an attorney representing
them, And, we have Mx. Brad Benmen, isn't it. QI, Without an attorney for two
145
JUL 14197
different cases and we have..,
Mt, Bluer: Which one?
Mr. Connors; That would be Downtown Theatres and Downtown Books.
Mr. Plummer: Downtown Theatres, What about Danny's Little River ?
Mr. Connors: Danny's Little River,there's nobody here from that.
Mr. Plummer: Well, are we going to hear it or not?
Mr. Clark: If the prosecutor will let the Commission know has there been any
representations by anyone in connection with that license. I think it:would be
incumbent •. now to present them.
Mr. Connors: Alright, I'll reiterate at the beginning of this hearing I stated
that the City Manager's Office referred a letter to me from Danny Fishback's
attorney who advised that he would be out-of-town all of July. I received that
letter approximately a week ago. That very same day I received a call from his
clerk who confirmed that Mr. Pardo would not be able to be here today. Mr. Fish -
back himself was served personally by me and Sgt. Dyer on June 14th with a notice
of the charges and the hearing.
Mr. Plummer: Do you wish to proceed or not?
Mr. Connors: No.
Mr. Plummer: Are you continuing it or withdrawing?
Mr. Connors: If I have the option to continue it I'm continuing it. al
Mr. Plummer: Is that an option?
Mr. Clark: I think it is your honor.
Mr. Hamilton: If I might suggest to the Commission? In line with what the ...
I am Harry Hamilton. I am here representing Import and Investment Services,Inc.
I think that if the Commission sees fit to grant the prosecutor's request I think
that the Commission is doing a grave disservice to the other attorneys who have
appeared or the clients who have appeared and similarly requested continuances.
Because what it appears to me at this juncture is that the best thing that I could
have done for (and this is not my client) but the best thing my firm could have done
for our client would not to have appeared. Simply not to have appeared and said
I'm not going to be there, told them why, which I did. I explained to the prosecutor
my particular situation and it was his advice to me that I appear personally before
the Commission and present my request to you and I think to continue a case on the ag
basis of no appearance is to work a grave disservice and as fundamental error
and prejudice substantially the rights of everyone else who has appeared here.
Because if none of us would have appeared I can only conjecture that continuances
would have been similarly granted. I would have sent in a letter and told them why
we would not be here and I can only assume that the matter would then have been
continued.
Mr. Plummer: Mr. Prosecutor as I understand it that leaves us one, two, and seven.
Is that correct?
Mr. Connors: I'm sorry what are one, two and seven?
Mr. Plummer: On Mr. Rnox's memo Escort Services, International, Downtown Theatxe,Inc.
Gayety Theatre, Inc. , Pussycat I & II and you're asking for a continuance on Danny's
Little River.
Mr. Connors: I'm not requesting a continuance. You asked me if I was going to
proceed on that Danny's Little River.
Mr. Plummer: What are you going to do?
Mr. Connors: I would suggest to the Commission a continuance. Nobody asked my
opinion on whether we had a continuance and the other ones we debated it for about
an hour. My opinion is we should of granted a continuance on the first one. I
think we should grant a continuance on this one.
UNIDENTIFIED
SPEBKgA
Z think it has been the position of the prosecutor throughout :11
146
JUL 141977 417
the continuance that should have been granted inhere continuances were asked for.
Mir. Connors; There wasn't one hour of discussion on whether a continuance should
have been granted. During that time I was not consulted on it, The City Attorney
Tnay have been I don't recall that. However, it took an hour to decide that and
it was decided that there would no continuances granted. We proceeded and it was
an awkward proceeding in some respects.
Mr. Plummer: No. Well, I made a motion if you will recall based upon that that
they should be heard on individual request of continuances. You were here sir when
I made that motion and it died for the lack of a second.
That is correct Commissioner Plummer. I also recall that someone
of Commissioners or possibly the Mayors there was a considerable amount of debate
as to continuing the matter until the 21st and then the 28th. I know that all of
the defendants who were present or'their attorneys agreed to continue the matter
until a date, 1 believe of September 3rd, at which time everyone jointly agreed that
they would be here and would be prepared and I believed that motion also died for
lack of a ee cond. And, that was at the conclusion of the first three charges that
were preceded on.
Mr. Plummer: Once again, all I'm asking are we going to hear three more tonight?
Is that what we're going to do?
Mr. Connors: I'm going to present them.
Rev. Gibson: Let's put the next one on my brother. Let's go.
Mr. Connors: City of Miami alleges that Gayety Theatres,Inc. does business as Pussy-
cat Theatre I and Pussycat Theatre Ilrare the holders of the City of Miami Occupational
Licenses — Two of them one issued April 19', 1977, One issued December 10, 1977,
76, excuse me. And, that Gayety Theatres, Inc. on two separate occasions have been
convicted of violation of laws as they relate to obscenity. And, for my first
witness I'm going to call Mr....
Mr. t,inceberg:Wa.it, wait, there are many, many things that I wish to call to the
tribu...sl attention before we begin with the presentation of any facts. First I would
wish to adopt b; reference as if I make the objections as I go along all previous
objections raise- by counsel In the interest of saving time.
Mr. ongie: Your name for the record please.
Nr. Minceberg: Joe Minceberg, 950 S. Miami Avenue, representing Gayety Theatres,Inc.
Secondly, I believe a great disservice has been done this evening and one that defies
all logic and reasoning in that all people: engaged in the business of running Adult
Theatres have been called before this Commission and by the simple play of having
an attorney being out of the country, theyescape, whatever punishment will be
out by this counsel. I'm sure that is not what the counsel intented in holding and
conducting these hearings. It defies due process of law. We are similarly situated
and now you have by granting continuances to some, and granting different treatment
to others. I'd like to have the attention of all of the Commissioners if I could
because I believe this is of utmost importance. Mr. Vice -Mayor, could we have for
the first time this evening a bit of dignity and a bit of decorum in these proceedings
please.
Mrs. Gordon: I was out for a moment. Was a continuance granted Mr. Vice -Mayor?
Mr. Minceberg: There were continuances granted and there has been an indication by
the prosecution, the Assistant City Attorney that he will not proceed with certain
cases and that...
Mr. Connors: I never made that statement. I said it was my opinion.
Mrs. Gordon: Was there any granted while I was out the room?
Mr. Connors : Excuse me.
Mrs. Gordon: Was there any continuances granted while I was out the room?
Mr. Minceberg: I don't know whether it was granted but the intention of the Assistant
City Attorney who is acting as " a prosecutor " in these proceedings, noted that he
would not proceed with a certain case because the attorney and the party was not presen
before the Commission.
Mrs. Gordon; Oh, but the Commission didn't take that position. Ok. That's what X
147
1111 1 A IA+
tahtsd to clarify, 2 was only gone for about two minutes, Let the record teflect,
Mt, Plui Mer: That's correct, Let roe ask a question, did the Mayor, (is the Word
recluse)? What is the word?
Mr. Clark: Pecuse,
Mr, Plummer: Did the Mayor recuse himself in this application?
Mr. Connors: He has.
Mr. Plummer: Well, wouldn't it be proper that he come back?
Mr. Minceberg: The Commission is obviously confused, The Mayor has recused himself
from this ...
Mr. Plummer: In your case?
Mr. Minceberg: Yes.
Mr. Plummer: Well, call him back and tell him not to come.
Mrs. Gordon: Well, why would he be recused in your case? You're not suing him are
you?
Mr. Minceberg: The principle owner of the Gayety Theatre,Inc. is also the principle
owner of Grifco,Inc. the lawsuit that the Mayor is involved in. I would also ask
before we proceed Vice -Mayor Gibson that certain procedural rules be implicated as to
the conduct of the particular hearing. I have been astonished by the manner and
procedure by which these proceedings have been conducted the entire evening. I'm
amazed that in a major metropolitan area that a City Commission would allow while
sitting in a quasi judicial status outbursts from the audience. Being swayed obviously
by the outburst from the audience and I do not intend to be a party to it. And, I would
ask that before we begin these procedural rules be implemented immediately.
Mayor Ferre: I agree. So ruled. Proceed. Oh I got to recuse myself on this one too?
Mr. Plummer: This one involves Grifco.
Mayor Ferre: Which is Griffen? Is that the Paramount?
Rev. Gibson: Proceed sir.
•
Mr. Plummer: Excuse me. I'm looking, and I just happen to pick up on the Pussycat.
Under those people who you noticed is L. Griffen, 1527 Washington Avenue.
Mr. Minceberg: That's correct.
Mr. Plummer: I go back to the other one which is Bee Gee ,Inc. and I see Louis
Hollander, 1527 Washington Avenue.
Mr. Minceberg: That's correct.
Mr. Plummer: Is that an office?
Mr. Minceberg: It's an office over an Adult Movie Theatre on Miami Beach. It was
the one that was just raided after the Judge went in and watched the movie and came
out and issued the search warrant and then they all went back in.
Mayor Ferre: Counselor, excuse me for interrupting you, but it is 9:30 and I don't
know about you but I've been up since about 6:00 a.m. I'll tell you I'm about ready
to drop and 1 mean literally and I think we have made all of these people wait all
day for all types of different things now. How much longer are we going to go beyond
this thing here? What's the will of this Commission?
Mr.Minceberg: I would ask on my own personal behalf your honor that my client is
entitled to, not only assistance of counsel but effective assistance of.counsel and
there also is a provision. in the constitution against cruel and unusual punishment.
I believe that I'm subjecting my client "A" to the lack of affective assistance and
myself to cruel and unusual punishment.
Mayor Ferre: I think you're correct.
Minceberg: I move that we adjourn,
148 JUL 14197
Mayor Ferre; Well, that Wasn't my question. My question is what art going to dick
up after this? We got Culmer 7 What else We got? Mr. Grassie, I've got news,l'l
hot going to tell you what 1 think.
Mrs. Gordon: Mx. Mayor, would you consider to come back tomorrow afternoon?
Mayor Terre: I cannot possibly be here tomorrow afternoon. I can come back Saturday#
and I'l1 work Sunday. There's no way I can be here tomorrow. I start by meeting
tomorrow at 7:30 in the morning. Alright, I'll tell you what I think. I think
we're both right. We're not going to listen to anymore of this. This has been
going on for 4 or 5 hours, and this man is in no condition...
Mr. Reboso: We can listen but I think we should take Culmer at this point, because
these people has been waiting for hours. Since 4:00 o'clock in the afternoon and
then we will remain here until everybody ...
Mayor Ferre: In my opinion I think we've heard enough of this. We can come back
to it later on if you want, but I would like to go on to the Culmer.Area: So, I
mean these people, what's fair is,look at T. Willard Fair
Mr. Minceberg: If the Commission would for a moment? My soul purpose in being here
this evening, this afternoon, was for the purpose of requesting a continuance. If
the Commission will entertain my request it's very brief. I'll set it out for you.
You can deeiue what you want to do and then at least you'll have one less case to
proceed on. Ok?
Mayor Ferre: No.
Mr. Plummer: That's the best decision I've heard all day. One word.
Mx. Minceberg: I've already asked the City Attorney. I asked him the other day.
He didn't indicate there'd be a problem.
Mr. Connors: I didn't indicate that I could predict what the Commission would do though.
Minceberg: No, he could not predict what...
Mayor Ferre: Sit down we'll try to get back to you as quick as possible. ....
Mr. Minceberg: M. Mayor, do I understand that you're suspending the proceeding on
Gayety Theatre until after other matters are ...?
Mayor Ferre: Yes, because we've been on this matter for 4 or 5 hours and we finished
three cases. We've got four to go and all these other people that are sitting here
waiting, listening to all of this are here on another item. I think we owe them the
courtesy of listening to them for a while and then we'll come back and listen to you
some more.
Mr. Minceberg: That's true, Judge, your honor.
Mayor. Ferre: That's alright.
Minceberg: You are a Judge in a sense of the proceeding that we're here on this
'evening. In all fairness and in good conscience, how can we possibly, how can the
Commission and how can you expect Counsel to present their cases properly, how can
you sit in a judical function properly at 12:00 midnight with very little sleep?
Everyone must be confused and exasperated.
Mayor Ferre: I agree with you. Give me an alternative.
Mr. Minceberg: We should take some action if you agree with me Mayor.
Mayor Ferre: The action is postpone this for another day. The problem is we can't
agree on the day because everybody is gone .at a different time. .... The problem is
that we cannot meet tomorrow and we can't meet Saturday morning ... We can't meet
tomorrow because I'm not available, ok. We can't meet Saturday morning because Plummer
is not available. We can't meet Saturday afternoon because Rose isn't available, ok.
We can't meet on Monday because Reboso is not available. Now that only leaves Sunday?
I'nr willing to come here Sunday.
•
Mr& he rg: 1 aft willing to follow t is dictates of eaffibielia
fk ut to e
go
ahead ih by particular tatter on this particular evening would
injustice to all -concerned,
ii*igit unies bear
terse: 1 think you're right. And, therefore, :a
somebody objeetihg the chair will rule that will meet at 9:0� stem. Thursday
morning, July 21st, to continue to this (fat
Mr, Mayor 1 would like to place on the reeara just one additional
Mr. �Iiticeberg:request, aet and I appreciate the cotrptiai►cet that the o tsoonnthe ca hadith �ecauee f $
however could the Gayety Theatre matter i
have matter between 9 and 10. I will be here at the conclusion of the-ealender,
Mayor Terre: Counselor is that acceptable to you?
Mr. Clark: That'll be satisfactory.
bent: No objection of putting Gayety at the end of the calendar July 21st.
�. Star
Mayor Perre: ..... want to be at the end of the meeting, it that alright?
1
ACCEPT PAYMitit OF $1.1,24S, iO mom tot Car fintt Cyr
ME ISL,AP D sin,
M,ayor Ferre: Take up item No. 43.
The Manager recotfteflds. Do you %Mtlt tb Add
aitiythiag to it?
UNIDENTIFIED SPEAKER: No, Sir, I'd just like to have
tft. Grassie: The one thing that you should understand,
should understand about this is...that we support this
the money over a period of three years you give up the
have to pass on any future bond issues.
Mayor Ferre: How do we get it, in cash?
Mr. Grassie: Yes, Sir.
UNIDENTIFIED SPEAKER: Over a period of three years, Mr. Mayor.
Mr. Plummer: The question that immediately comes to my mind is, for some
worth $1.3 million
a vote on it,
that the City CoMaission
entirely. In acteptitig
right that you used to
only
I just cannot equate that that property is
Mr. Grassie: Oh, no, no Sir, it's not a question of purchasing property, it
is a question of the remaining obligation that the Port Authority had to
the City and after audits by both sides, the amount of money has been idetetermined
to be $1,343,000. It is not a question of the sale of the property,
the
remaining obligation that they have.
Mr. Plummer: Well, of what advantage would it be to us not to do it?
Mr. Grassie: There is no advantage to ou in not
ongoft,a allogets youuthe
i
money that you would otherwise not get they paid
standing obligations.
Mr. Plummer: Okay, I'll move it.
Mx. Reboso: Second.
Mayor Ferre•• All right, there is a motion and a second on item 43, further
discussion,call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-565 AND CITY OF MIAMI
(JOINT RESOLUTION DADE COUNTY RES. NO.
RESOLUTION 77-565).
JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF DADE
�ING
COUNTY, FLORIDA, AND THE COMMISSION OF THE CITY OF MIAMI, DE
JOINT RESOLUTION ADOPTED BY SAID
, A.SAS CCIT�Y RESOLUTIONNNo�32774,
.6573,
ON MAY 23, 1961 AND BY SAID
ON MAY 17, 1961, TO PROVIDE FOR PAYMENT OF CERTAIN MONEYS BY DADE
COUNTY TO THE CITY TOFTO ANY EXPANSION OFETHE PORT FACILITIES BYOSAID
CONSENT OF SAID
COUNTY.
(Here follows
body
hof resolution,
Clerk).
omitted here and on file
in the Office of
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote:
Commissioner Manolo Reboso
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
1
JUL 1419
Mayor t'etre: When you get home tonight, Captain Waldron, 1 want you to have
a double Martini and think of me, because I'i.1 still be bete working.
Capt. Waldron: Thank you, and it was worth the 62 hours.
Mayor Ferre: We are glad you think so.
31 PERSONAL APPERANCE: ME RS OF CUIMER PARK CITY DEVELOPMENT TASK FORCE
TO DISCUSS PARK IMPROVEMENTS IN THE CULMER AREA.
Mr. Hutchinson: For the record, my name is Attorney William Hutchinson, I'm
Chairman of the Culmer Community Development Target Area Task Force. I'm
also a property owner in the Culmer area and I've requested a personal ap-
pearance here primarily to discuss the development of parks in the Culmer area.
There have been recommendations made by Mr. Fosmoen of the Planning Department
which have been addressed to your City Manager, Mr. Grassie. The recommenda-
tions are based upon some information that primarily occurred on June 23. Now,
in his memo, he does not state correctly, exactly, what in fact did occur. At
that particular time there was a meeting held, which I Chaired, and there was
a presentation made by a planner and architect with respect to Central Miami
Park. We heard the presentation, we appreciated it, we applauded the architect
for what he had done, however, we did advise the architect as well as repre-
sentatives from the City's Planning Department that we would table any decision
with respect to Central Miami Park until there was construction.and development
with respect to Dorsey and Dixie Parks. Now, we've been advised that somehow
the development is to begin with respect to Dixie Park. We have been informed
that there wasn't enough money to develop Dixie Park because the allocation was
not enough, that there was an additional $700,000 that would be needed. We
were advised that they could get $300 which would be reallocated from Dorsey
Park and that the additional monies would be taken from the fourth year CD
allocation. With respect to Dorsey Park the recommendations are such that
$100,000 would be spent to demolish the sub -standard structures and construct
new bathroom facilities. Now, that just won't do. First of all, with respect
to Dorsey Park...
Mayor Ferre: Excuse me, counsellor, do you mind if we try to cut through all
of this and try to solve the problem?..because that's what you want, you don't
want speeches, do you?, at this late hour; nobody is listening anyway, I'm not
I haven't heard half of what you said with all due respect to you. You want
a solution, right? Let's see if we can`find a solution. How much money are we
actually short, one - to finish Dixie Park, and number two - how much money are
short to finish Dorsey Park?
Mr. Hutchinson: Well, now, Mr. Mayor, nothing has been done on Dorsey Park.
Mayor Ferre: I understand what you are saying, let me see if we can get an
answer from the Manager. He knows where we are going.
Mr. Fosmoen: We need $451,000 to finish Dixie Park, in addition to what's
already allocated. The problem with answering your question in Dorsey is
that the original program called for an expansion of Dorsey Park, acquisition
of property.
Mayor Ferre: Forget that, I'm talking about Dorsey the way it was voted upon
and as originally...
Mr. Fosmoen: I'm sorry, that was part of the vote, Mr. Mayor. It was to expand
one of the proposals, one of the agreements with the community was to expand
Dorsey Park.
Mayor Ferre: How much is that going to cost?
Mr. Fosmoen: The allocation is $300,000.
Mayor Ferre: A11 right, so you are talking about.,.excuse me for a momeat,
$451,000 and $300,000, is that -correct?
Mr. Fosmoen: That's correct.
1Ri
1111 4 A Ir1'7 9
Mayor Perre:
Mrs. Gordon:
•
So you are talking about a total of $751,000,
How much have we got out of it?
Mr. Fosmoen:
condemnation
that.
That is only the allocation, Mr. Mayor,
of the property in Dorsey Park it's going
If we are to proceed with
to cost a lot more thatt
Mayor Perre: I understand. All right, excluding that for now, how much of the
$751,000 do you have?
Mr. Fosmoen:
If there is a transfer from Dorsey Park, we have $250,000.
Mayor Ferre: No, you need the money in Dorsey Park to do Dorsey Park, forget
that. How much money is there including Dixie and Dorsey together, how much
money do you have of the $751,000 that you need? Do you have $100, $200..?
Mr. Fosmoen: $751,000 is needed and we don't have any in the Parks for People
Bond issue.
Mayor Ferre: In other words, what you are saying is that the shortfall as of
today, in your estimate, is $751,000.
Mr. Fosmoen: That's correct.
Mayor Ferre: Now, let's get to the next subject, where can we find $751,000?
Can we find it in CD funds?
IPMr. Fosmoen: Out of fourth year CD funds.
Mayor Ferre: All right, can we move today to borrow from those funds and to
tie them up?
Mr. Fosmoen: No, you will have public hearings over the next year and you'd have
to make that ultimate...you can express your intent.
Mayor Ferre: If we express our intent now, is there any way that you could go
to another fund and borrow money from that fund the way we've done in other
places.
Mr. Fosmoen: No, Sir, we can not incur expenditures against fourth year CD money
until it has been approved by the Federal Government.
Mayor Ferre: Let me ask you the next question, is there any way that we can
transfer any property? We just got $1,300,000 from Capt. Waldron, can we apply
that $1,300,000 to this?
Mr. Fosmoen: You could not reimburse that fund with CD funds.
Mayor Ferre: Why can't you use that $1,300,000 to cover the $751,000?
Mr. Grassie: Well, you are not going to get the first...
Mayor Ferre: He said in three years, the third of $1.3 million is $425,000.
Mr. Grassie: You are going to get $500,000, $500,000 the second and three
hundred and...
Mrs. Gordon: Can we use that $500,000?
Mayor Ferre: It will take you more than a year to do the project, you can
use $500,000 now and by the time the second year comes around you'll use the
next bit of money to do it.
Mr. Fosmoen: Mr. Mayor, we are trying to separate the issues because...
Mayor Ferre: No, we are not, we are trying to put them together and solve them.
Mr. Fosmoen: Well, it is the opinion of the Parks Department that there le not
$300,000 worth of work needed in the existing Dorsey Park.
Mr. Hutchinson: Wait now, wait now, ...
Mayor Ferre: Well, you just told me that we need $751,000, is that true?
Mr. Fosmoen: ,..and I also told you that $300,000 was allocated for property
153
JUL i 41Q7
adquisition. We do not need $300,000 worth of wotk on Dorsey Park.
Mayor Ferret All right, so what you are really saying is that our teal chart=
fall is $451,000, not $751,000.
Mrs. Gordon: No, because you need the $300,000 to buy the property.
Mr. Fosmoen: That's not the community's perception of the problem.
Mayor Ferre: Well, we can always buy the property in another time, we are not
going to buy the property tonight but I'm trying to see is if we can solve the
$451,000 problem tonight, we'll solve the $300,000 another time, we can't do
everything.
Mr. Fosmoen: Our suggestion to you was that you proceed with 'Central Miami
which is a third park that is being considered.
Mr. Hutchinson: Mr. Mayor, we do not want anything to start in that area until
we have Dixie and Dorsey Park. Now, we have been doing this time and time again
Initially there was a bond issue passed in 1964, there was money allocated for
Legion Park and Dorsey Park. Legion Park was developed, the money that was
allocated for Dorsey Park was transferred to Moore Park.
Mrs. Gordon: What do you want to do with Dorsey, tell us now.
Mr. Hutchinson: We want a comprehensive Park facility, to satisfy the re-
creational needs of senior citizens, adult citizens as well as youth.
Mrs. Gordon: What does it need? What do we have to put in there? ..Every-
tiag.
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mr. Hutchinson: The kinds of development that we want at Dorsey Park - com-
munity building for indoor recreation, we want the courts repainted, we want
tennis courts, children's playground, we need bleechers, baseball, ...
Mayor Ferre: Look, please don't read us the list because we are not going to
listen, just give us the bottom line, how much money is that, that's what you
want, isn't?
Mr. Hutchinson: Bottomline comes to $365,200.
Mrs. Gordon: Including the land acquisition?
Mr. Hutchinson: No.
Mayor Ferre: How much would be the land acquisition?
Mr. Hutchinson: The land acquisition at this time would be somewhere around
$300,000.
Mayor Terre: So we need $665,000. Now, how much do we need at Dixie Park
to finish that park?
Mr. Hutchinson: At Dixie we need $791,000.
Mr. Fosmoen: $415,000.
Mr. Hutchinson: At Dixie, I beg to disagree, we need $791,000.
Mayor Ferre: How much?
Mrs. Gordon: And how much do we have towards that $791,000?
Mr. Hutchinson; Thus far you have .,.
Mayor Ferre: That's $1,456,000, that's twice as much as we used to have, which
means obviously that our figures are not in agreement.
Mr. Grassier Mr. Mayor, you know, what you need depends on simple evaluation of
what you decide you are going to do. Now, the basic premise that we've been opera-
ting on in m'kirg the recommendations to you is, one- the projects in any district
154 JUL 141977
•
ate going to be paid for by the allocation made to the district, we are tot
going to transfer any monies between districts. We have added monies to
districts from specific sources to try and take projects work and what we are
suggesting is that we try at least $275,000 of tiew money into this district.
Now, until...$275,000 of additional money, and that we do what the community
has already decided once ought to be done, which is to not expand Dorsey, to
not acquire more property at Dorsey.
Mr. Hutchinson: No, I disagree with that, the community has not agreed to do
that.
Mr. Grassie: And as a matter of fact, the community has on the assumption that
we can represent the community by the opinions of the citizens' groups, ...
Mr.Hutchinson: I chaired that citizens' group, and that is not the consensus
of the community.
Mr. Grassie: Well, Sir, is it true that the citizens' group did transfer
$300,000 from the Dorsey to the Dixie account?
Mr. Hutchinson: That, I believe, did occur in 1975 based upon representations
to the citizens that there would never be enough money to complete Dorsey Park.
Now,..
Mr. Grassie: You mean Dixie.
Mr. Hutchinson: No, that there would never be enough money to complete Dorsey
Park. The allocation was requested by the Planning Department that we take
$300,000 which was allocated to Dorsey and transfer that to Dixie. That was
based upon the representation that there will not be enough money, ever, to
develop Dorsey Park the way that the community said that they wanted that park
developed. Now, that representation was made by the Planning Department. Now,
it was a misrepresentation, and based upon that misrepresentation,which the com-
munity did not know in fact was a misrepresentation, they told you to go ahead.
Now, they were ill-informed and ill-advised. They still want Dorsey Park the
way that we told you we did.
Mayor Ferre: And the price tag is $665,000. And the question now before is not
whether we are gzsing to get Dorsey or Dixie or anything else, the question is
where, Mr. Manager, axe we going to find $751,000 and where are you going to
find $1,456,000. Whichever figure is right.
Mr. Plummer: Let me ask one question. Mr. Hutchinson, in all fairness what
was promised to Dorsey in the bond issue.
Mr. Hutchinson: In the bond issue, to Dorsey Park, $628,000.
Mr. Plummer: And how much of that has been spent?
Mr. Hutchinson: None.
Mr. Plummer: Okay. In Dixie Park, how much was promised in the bond issue?
Mr. Hutchinson: $791,000.
Mr. Plummer: How much has been allocated?
Mr. Hutchinson: As a matter of fact, none of that has been spent.
Mr. Plummer: In other words, what you are saying is that no money from the
bond issue has been spent on either Dixie or Dorsey Park. There has been no
allocation or acquisition of property, nothing has been done.
Mr. Hutchinson: That's correct
Mr. Plummer: So in other words, what you are saying is that you voted for
this bond issue, you were guaranteed these amounts of money and they haven't
been forthcoming.
Mr. Hutchinson: Not only were we guaranteed those amounts of money, Mr. Con-
un.esioner, we were guaranteed those parks.
Mx. T'lummer: Well, it's basically the same,
JUL 141Q77
Mt. Hutchinson: True, had the parks been built at the time the allocation wat
Lade...
Mr, Plummer: Mr. Manager, let me ask of you, Sir. Then do I have to rightfully
assume that this money that has been mentioned $191,000 and $665,000 has been
used in other places.
Mt. Grassie: No, the figures are not even correct.
Mr. Plummer: Well, what are the correct figures?
Mr. Grassie: Well, Commissioner, you know, I don't remember them all but we
gave you a 40-page report which detailed every figure with regard to what has
been spent in every district including ail of the parks. Now, if you'd .like,
I can pull that out and we can go through it again.
Mr. Plummer: Well, since there seems to be a big discrepancy, this man made
a very simple statement, nothing has been spent, now that's not too hard to
remember.
Mr. Grassie: Yes, but it is also not true.
Mr. Plummer: Okay...
Mr. Grassie: For example, he knows as well as anybody that we have spent a
significant amount of property to acquire property at Dixie.
Mr. Plummer: I just asked that question and the answer was 'no.'
Mr. Grassie: Why don't you ask it again.
Mr. Plummer: Okay, I'll ask him again.
Mr. Hutchinson: My answer will be the same.
Mr. Plummer: Well, just for the record, did the City spend any money to your
knowledge to acquire property in the Dixie Park.
Mr. Hutchinson: Not to my knowledge.
Mr. Fosmoen: Mr. Plummer, there have been $250,000 spent on land acquisition
at Dixie Park.
Mr. Plummer: Then, Mr. Fosmoen, I don't disagree with you, Sir, why wasn't he
as chairman informed? Why isn't he as chairman knowledgeable if this?
Mr. Fosmoen: I can't speak to him lack of knowledge, Commissioner, but there
was a presentation made the other evening when these figures were presented,
Tuesday evening.
Mr. Plummer: My other question is, if there is a transfer of funds, was it
$300,000?..is that a correct figure?
Mr. Fosmoen: Yes.
Mr. Plummer:...from Dorsey to Dixie, what was that money used for?
Mr. Fosmoen: It has not been used for anything yet. There has been $250,000
spent on land acquisition. There is a remaining Parks for People balance in
Dixie of $666,000.
Mr. Plummer: So what you are saying is that at the present time, the bank ac-
count for Dixie and Dorsey is zilch.
Mr. Fosmoen: No. I'm saying that there is $666,000 left in the Dixie account
and there is $328,000 left in the Dorsey account.
Mr. Plummer: So then we are short, then, roughly, $450,000?..to bring the account
up to what promised to the people, is that correct?
Mr, Grassie: ,All of the money that was promised to the people in the bond issue
is available. Either it has been spent, some of it but a very small amount..
or it is available.
7
156 JUL 1a 1977
Mr. Plummer: Then what ate we arguing about
Mts. Gordon: What are we short?
Mr. Grassie: What we are arguing about is that °vet a period of time, the
needs of the community and the cost of things have gone up. So what they ate
asking for is more than was promised theta in the bond issue. Out recommenda-
tion is that we provide more money than was promised in the bond issue, the
only difference that I understood until a minute ago-- between our recommenda-
tion and the position that is being taken right now is that we are suggesting
that it makes sense to go ahead with every one of those projects as fast as
we can. But what I understood the suggestion to be a minute ago was that we
do nothing on Central until something happens at Dixie and Dorsey, which, you
know, if the community wants that I suppose that that is all right but it seetns
illogical to hold up one project when the other two projects are more expensive
and are going to take more time, but you know if that is what they decide..
then I suppose...
Mr. Hutchinson: Well, Mr. Manager, that is in fact what has been decided. We
have been promised Dixie and Dorsey and we haven't gotten them. To provide
you with the source of these figures, the interoffice memo from Mr. Fosmoen
dated July 7, 1977, is the source of my figures, and it says that with respect
to Dixie Park $791,000 are lacking.
Mayor Ferre: Mr. Manager, can you help us cut through all this, so that we
can come to a conclusion.
Mr. Grassie: It would seem to me reasonable, Mr. Mayor, first that we commit
ourselves to doing the three projects as quickly as they can be done.
Mayor Ferre: Accepted.
Mr. Grassie: Second, that whatever project is ready to go, that we do it, and
third, assuming that we want to build in Dixie all of the things that the com-
munity has asked for, knowing ahead of time that we don't have enough money,
that we put that project out to bid as quickly as we can get it designed, that
we build as much of it as we have money for it out of the Parks for People
bond issue, that we put in the bid enough alternates so that if the bids come
in too high for the money we have, that we can hold back the alternates until
we get fourth year CID monies and that we build that.
Mayor Ferre: Also accepted, but as a fourth requirement, and then I think
you've got a complete picture, is that the City of Miami earmark and transfer
any additional funds that are forthcoming in the next 24 months so that these
two or three parks will get priority end the way to do that is to earmark
sources such as $1,500,000 that we just got this evening, and that we get some
additional monies from the sale of other land, for example, the Interama pro-
perty which we hope to get some money on and some property that we own now in
West Dade County --that we earmark that for this specific purpose. And I'm just
about talked out, we we better do one thing or the other quick.
Mr. Hutchinson: Mr. Mayor, my understanding is and correct me is that you've
said that we will get what we were promised on Dixie Park, the type of park that
we were promised and we will get what we want in Dorsey Park, the type of park
that we were promised...
Mr. Fosmoen: Mr. Mayor, I think that we need to recognize that those dollars
that you are talking about are available through the General Fund and we are
looking and we are looking at a very severe General Fund problem this year.
Before we make a commitment to the community for those dollars in order that
we should make sure that it's one that we can really carry through with.
Mr.JtcCartnev _ Mr. Mayor, let me understand just one point. We are concerned
primarily with Dixie and Dorsey Parks. The development of that Central Miami
Park we don't particularly are in need of because it would do nothing but enhance
the value of the property that private developers are trying to push unto the coat-
munity. What we are interested in are the parks that already exist. We have two
very beautiful...not beautiful, but nice size parks. If they were to take that
money and had done with it what they should have, the problem with inflation
would not have existed, just like we are the last on this AGenda tonight, we are
accustomed to being last. What we are trying to make you understand is that that's
the way it's always been so for once, please try to get us a little..furthering
up on the Agenda.
157 JUL 141A77
•
Mayot 'ette: 'You are tot last, there are softie other people waiting.
Mr.._McCartney Well, you put us last really because you took that item
ftotr Ben Sheppard. But what I'm saying is, we ate accustomed to that posies
tion, but we are tired of that position, we don't want this Central Park to
help some private developers, we want the parks that we already have =Dixie
and horsey brought about. I don't understand why it is so difficult to see.
and I don't understand why it would be so hard to do it.
Mrs. Gordon: I don't feel that it is difficult for us to see, we understand
it. I want to ask how much do you have set aside for the Central Park that
they say they don't particularly need?
Mr. Fosmoen: You know, the problem that we have, --and I'll answer that in
a minute is that Central Miami Park was also promised in the bond issue.
Mrs. Gordon: How much was it though?
Mr. Fosmoen: There was $220,000 of proposed bond funds allocated for Central
Miami. Now, we have before us a group of citizens who are the community
development citizens' committee and we are apparently about to change priorities
Commissioner, and next week we are going to have more citizens saying we are
Central Miami Park.
Mr. Grassie: The basic proposition that we are suggestion, Mr. Mayor and members
of the City Commission, is first, everybody has admitted that it has taken way too
long and that it should have been done a long time ago. Once you get past that
point, it seems to me that we have to take up reality today. The reality is that
I think that we can make the money available, that we can produce the results
that, at least until 20 minutes ago, the City had indications from the citizens
that they wanted, and the only modification that we have is that we are going to
have to put off some small part of Dixie until we get CD funds.
Mr. Plummer: Mr. Mayor, may I make a motion?
Mrs. Gordon: What about Dorsey Park, Mr. Grassie, that they are talking about?
Mr. Grassie: WE are intending to do that.
Mr. Plummer: Mr. Mayor, I make a motion at this time that the Administration
be instructed to proceed immediately with what was promised in the bond issue
for Central Miami Park, Dorsey and Dixie Parks, and that if a shortage does
occur, that he come back to this Commission within 60 days and tell us what
that shortage would be, to live up to the commitment, so that we then can ad-
dress the deficit, and I offer that in the form of a motion.
Mrs. Gordon: Second.
Mayor Ferre: There is a second, further discussion on this item, if not call
the roll please.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 77-566
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED
IMMEDIATELY WITH CONSTRUCTION OF THREE PARKS IN THE CUIMER AREA
IDENTIFIED AS CENTRAL, DIXIE AND DORSEY, AS PROMISED IN THE 1972
PARKS FOR PEOPLE BOND ISSUE AND DIRECTING THE CITY MANAGER TO MAKE
A REPORT TO THE CITY COMMISSION WITHIN A PERIOD OF SIXTY (60) DAYS
WITH RECOMMENDATIONS AS TO ADDITIONAL NEEDED FUNDING.
Upon being seconded by Commissioner Gordon, the motion Was 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.
158 JUL 1 41977
SCUS8ION ITEM: SAFETY HAZARD PROBLEM IN CI PARK81
key, Gibson: Mr. Mayor, let me ask a question. About two weeks ago, lit_
Grassie, I called Mt. Howard and I brought to his attention what I think is
a very serious matter and said to him I would like for him to give a report
back to me. They were playing ball out there in that park and you need to
know that the former chairman of the Schoolboard brought the matter up to my
attention. And you know, they were playing little league ball out there. I don't
understand a staff that isn't attuned...I never heard a word from Mr. Howard.
You know, one of the things I think needs to be told around here to a lot of
folks,..one thing I can say about Mr. Grimm, man you call him and I don't know
how in the world he does it, but the very next day or one hour, you've gotten
an immediate response and since I'm always blasting out the staff I want to
say what a man said to me about him the other day --I want to put it on the
record. That man told me he has been trying for two years to get a sign moved
or changed. I called him and bless God the man called me one day last week and
said --you know what?, something I've been trying to do for two years and come
Thursday, the people will be here to do something about it. And said, you know,
I appreciate that. Mr. Howard, tell me what happened to that matter that Holmes
Braddock brought up to our attention.
Mr. Howard: I did respond to you in about two hours and you weren't there when
I told your Secretary, but I responded the way I am supposed to respond and I
passed it to the City Manager's office to tell you exactly what was done and
what will be done to correct the situation.
Rev. Gibson: Mr. Manager, you tell me now, since I don't know, since I'm ignorant
of what was told, you could tell me into open meeting in the sunshine.
Mr. Howard: All right, what we did on the following day was to put a warning
tract in front of the baseball court about 15 feet wide and the length of the
baseball court. We then put some tires around the basketball standard and next
week we will be puttting a wooden fence around the baseball courts to prevent
this from happening any more. Hopefully this will prevent the situation from
re -occurring but wc took every step that we took to eliminate this problem.
Rev. Gibson: Does that sJirisfy the requirements of the Little League?
Mr. Howard: Well, the distance between home plate to the basketball standards
is 342'. Little League is 350'.
Rev. Gibson: Let me put it the other way, did it solve the problem of a possible
death? There is a little bit of money to spend. You are talking about $600,000
and $700,000...it doesn't cost you that much to stop that possible death. Has it
solved that problem?
Mr. Howard: I think it will with all the precautions that we've taken. The only
other solution is to take the basketball court out of there.
Mayor Ferre: All right, can we move on?
(AGAIN, IN CONNECTION WITH LABEL No. 31)
Mr, Hutchinson: Mr. Mayor, I would like to make one comment. That with respect
to your motion, that you direct the Planning Department to consult with the com-
munity with respect to their findings and with respect to whether or not any parti-
cular area will be shortchanged.
Mayor Ferre: All right.
W. Plummer; Excuse me, I didn't hear that.
Mayor Ferre: What he said, Mr, Plummer, was that we direct the City Manager to
pay attention to recommendations.
W. Plummer: God help him if he doesn't, I mean, you know, in a year and a half
be has never done anything but pay attention and 1 don't know why he would start
doing differently now.
159
JUL 141977
Mayor t'ette: Do we need a Motion?, we don't .need any motion.
Mt. Plummer: I don't, I feel very comfortable.
Mayor Terre: All tight, is there anything else in this item? All tight,
AGAIN, .REV. GIBSON ON LABEL NO. 32.
Rev. Gibson: Mr. Mayor, I would think that Mr. Howard had answered that question0
and I am going to ask of this Commission that it direct Mr. Howard through the
Manager...Listen Holmes Braddock suggested that all they had to do was to put a
cover around those poles, and that's not what I heard, now, what are you talking
about?
Mayor_Ferre: Mr. Howard, answer the question.
Mr. Howard: We did talk to Mr. Braddock and we told him what we were doing down
at the field. Mr. Braddock's concern was about the Little League but also about
the 4 adult teams, actually when the accident happened, was an adult baseball league
not a youth league. We haven't had an accident down there but we did inform Mr.
Braddock and we have put a buffer around the poles, a rubber buffer so if somebody
were to run into it they would have a break. We also, as I said, put in the warning
tract and next week a fence. We have three different items that we've done to pro-
tect somebody from that. We informed Mr. Braddock and at that time he felt that was
a good procedure. The only other thing that we could do there but we would really
affect the basketball players, is take the basketball court out. Now, in the plans
of the park it is to move the basketball court further back if we can get the road
closed on 18th street, but that basketball court has been there for about 23 years,
and this is the first time that we have had an accident. Now, we've taken every
precautionary step we can possibly have to eliminate this from happening again.
But everybody was informed, including Mr. Braddock, and I also went to your office,
as I've told you, and I talked to your secretary and told her to give you the
message. I tried to get you three times. Then sent a memorandum to you to tell
you exactly what we did. I think we have taken precautionary measures, I don't
think it will happen again. The fence itself will stop somebody from running
through it.
Mr. Plummer: Well, you know, I think it can be brought to a conclusion very simply.
When it's finished next week, you notify Father and let him go out and look at it,
and Mr. Braddock, I don't know what else you can do. Unless you stand out there with
a red light and the sirene and a whistle, I mean - really, either that or discontinue
playing until you get it finished.
Mr. Howard: We did, we stopped the league play immediately until we got the warning
tract in...
Mayor Ferre: All right, would you make a report on this whole item again on the
21st of July and taking into account what Father has said, it gives you one week
to comply and satisfy the requirements. Is that all right, Mr. Howard?
Mr. Grassie: Will get you an informational report for the 21st.
55, PERSONAL APPEARANCE: ROBERT GARB I S - RENTAL SECURITIES,
Mr. Garrish:. Mr. Mayor, City Commission, my name is Robert Garrish, I'm with
the firm of rental securities. I have been in the investment business for up-
wards of 30 years, 18 of which have been in Miami. I wanted to speak respecting
Resolution No. 29.
Mr. Plummer: Was it, Sir? Are you talking about item No. 29?
Mr. Garrish: Pardon me, Item No. 29.
Mrs. Gordon: Wait a minute, Mr. Mayor, we have items before 29,...27...we've
got people here waiting to be heard.
Mayor Ferre; Do we have people on:other.items before No. 29? Raise your hands.
(After brief discussion the Mayor fiva3.ly decide to hear another item and this
item is TEMPORARILY DEFERRED),
160 ,JUL 1.41977
•
4 i I OR I ZE C I Tv MANAGER E V TAGS MST, INC. PoR
To ENTER INTO AGRESMENt
WITH; HISTORIC PRESERVATION. (190 SiE 12 T Ri)
Mrs, Gordon: I move No. 27, Mr. Mayor.
Rev. Gibson: Second.
Mr. Plummer: I've got some questions on item No. 27. I don't have any disagree=
went with going in order.
Mayor Ferre: No. 27...Where exactly is 190 S.E. 12 Terrace?
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mayor Ferre: Is it in the water?
Mr. Plummer: No, uo.
Mayor Ferre: Is it the property behind that channel 6 round building?
UNIDENTIFIED SPEAKER: Not quite behind it, a block or two from that. There is one
street there and then water.
Mayor Ferre: What is it that you are going to use the property for?
UNIDENTIFIED SPEAKER: We are going to use it as a community preservation center,
to promote, educate and inform the community and all people who are interested in
preservation and historic landmarks.
Mayor Ferre: ARe you going to put up a building or is there a building there?
UNIDENTIFIED SPEAKER: No, no, there is a building there.
Mr. Plummer: That was one of my questions, I noticed in the lease that basically
what you are doing is turning this into an office and only two rooms will be open
to the public.
UNIDENTIFIED SPEAKER: No, the entire building will be open to the public.
Mr. Plummer: That's not what is on the lease.
UNIDENTIFIED SPEAKER: Two rooms will be a museum, a medical museum in the sense
that we are going to restore the two rooms that were Dr. 's office as it
would have been in 1905. Other portions of the building will be preservation
headquarters, which will contain a library, a research bureau, by that I mean a
place where people can come to find out what kind of tile they need, how to repair
a stone fire place, how do you fix an old well, this is open to the public, avail-
able to anyone.
Mr. Plummer: Did I not read that only two of the rooms would be open to the public
out of the 7?
Mr. GRassie: As a museum, Commissioner, but people will be able to come into the
office space as if it were a public office.
UNIDENTIFIED SPEAKER: The entire building will be open to the public. There are
two rooms that we reclassified as a museum.
Mayor Ferre: Any licenses?..there is no tax as I see it..
Mr. Plummer: Only if they become assessable.
Mayor Ferre: No license, no taxes, and there is a 30-day cancellation clause.
The City can cancel any time it wants.
Mr. Fosmoen: I would remind the Commission that we are purchasing this building
to preserve it.
Mayor Ferre; Who owns the property now.
EIIIII II 11111111111111•
lBE 1PZRb SPEAKER: f,t*s vaned by.,.._�_ . _,w..,w As ttustee.
Mayor Petra: That isn't the propetty which George Simon has...?
Mr. 'osmoen: This was up before the Commission two weeks ago and you asked to see
the lease before you consummated this purchase.
Mrs. Gordon: Yes, we approved it.
Mayor Ferre: Where exactly is the property, don't we have a tap or something
that indicates where it is?
Mr. Plummer: East of Brickell.
UNIDENTIFIED SPEAKER: Do you know where the Mutual of Omaha building is on Brickell
Avenue? All right, if you take the street immediately south of that building and
turn towards the water, that's 12th Terrace. Jackson's office is at the end of
the first block on the south corner.
Mr. Plummer: Where is this money coming from?
Mr. Fosmoen: Community Development.
Mayor Ferre: All right, now I remember that place. Then, Rose Gordon moves and
Commissioner Reboso seconds, is there further discussion on the item, if not call
the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-567
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER
INTO THE ATTACHED LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND
DADE HERITAGE TRUST, INCORPORATED.
(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:
NOES: None
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.*
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
ON ROLL CALL:
Mr. Plummer: I vote yes with the understanding that the entire house is open to the
public.
354 AUTHORIZE CITY MANAGER
TO INTER INTO AGREEMENT
WITH:
— RICK SISSER, AS LEGISLATIVE LIAISON
REPRESENTATIVE
The following resolution was introduced by Commissioner Plummer, who moved
its adoption;
RESOLUTION NO. 77-568
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH MR. RICE SISSER AS LEGISLATIVE LIAISON REPRESENTATIVE TO REPRE-
SENT THE CITY BEFORE ALL FLORIDA STATE LEGISLATURE SESSIONS DEALING
WITH CONSTITUTIONAL REVISION DURING THE TERM OF SAID AGREEMENT AND
AUTHORIZING TEE PAYMENT OF $7,000 AS A FEE FOR SAID SERVICE, PAYABLE
WITHIN THIRTY (30) DAYS AFTER SUBMISSION OF INVOICES OF WORK PERFORMED
UNDER THE TERMS OF THIS AGREEMENT, AND FURTHER AUTHORIZING PAYMENT
OF $3,000 TO COVER EXPENSES DURING THE TERM OF THE AGREEMENT; SUCH
AGREEMENT TO BE FUNDED FROM THE SPECIAL PROGRAMS AND ACCOUNTS - QUALITY
•
1
L1P'E PROGRAM.
(Ilete follows body of tesolutio , omitted hete arid on fife
in the Office of the -city Clerk).
Upon being seconded by
Commissioner Gordon, the resolution was 'passed ehd
adopted by the following vote:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Terre
AYER s
NOES: None
3n���, AGREEMENT: GPANT USE OF MIAMI BASEBALL STADIUMBY MIAMI DADE
6, AUTHORIZE COMMUNITY SCHOOL (DOWNTOWN CAMPUS) FOR CONDUCTING.
BASEBALL PRACTICE (FROM SEPT. 5 THROUGH DEC. 9, 1977)►
Mayor Ferret Commissioner Gordon moves 26, Reboso seconds, the Manager recommends,
further discussion...
Mr. Plummer: Wait a minute, on 26,
Mr. Manager, this is confined to day -time use
only, in other words we are not going to incur the cost of electricity at night.
Mr. Grassier That is correct.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-569
A RESOLUTION GRANTING USE OF THE MIAMI BASEBALL
CBY DUCTAIS
DE
COMMUNITY COLLEGE, DOWNTOWN CAMPUS, FOR 1977 THROUGH DECEMBER 9,
BASEBALL PRACTICE SESSIONS FROM SEPTEMBER 5,
1977 SUBJECT TO AVAILABILITY OF THE STADIUM ON CERTAIN DATES; AND
FURTHER SUBJECT TO ADVAECBYPTHE CIAYMETY,FOR
AND EAUTHORIZ NGLTIiE CIT�Y BMANAG R
OTHER DIRECT COSTS BORN
TO ENTER INTO AN AGREEMENT WITH
HAMIAMI
NCE DADEHCEOMMUNITY
COLLEGE, DOWN
.TOWN
CAMPUS, FOR SAID USE, IN
REOF
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Reboso,
adopted by the following vote:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferro
NOES: None
CITY MANAGER TO MIAMI Rf.ING CLUB, INC. FOR CONSTRUCTION OF
ENTER INTO LEASE WITH:
37.
RISTORAGE FACILITIES FOR RACING HAULS,
the resolution was passed
and
The following resolution was introduced by Commissioner Reboso, who moved
its adoption:
RESOLUTION NO. 77-570
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER
INTO A LEASE AGREEMENT WITH THE MIAMI ROWING CLUE, INC.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.) ,
lilt 4 41977
•
tpoh being
adopted by
AYES:
NOES: None
seconded by COMOissioner Flutter, the resolution) was passed and
the . following vote:
Commissioner Manolo 1eboso
Commissioner J. L. Plummer, .tt.
Commissioner Rose Gordon
Slice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
38, AUTHORIZE CITY MANAGER - WILLIAM R. HAUGH & Co., TO^BE CITY Or
TO ENTER INTO AGRE91ENT
WITH: Miami FINANCIAL ADVISOR,
Mayor Ferre: Take up 29, the Manager recommends that we enter into an agreement
with William R. Haugh & Co., to become the City of Miami financial advisor. Do you
have any objections to that Mr. Garrish?
Mr. Garrish: I do have objection to that, Sir. The reason why is that my firm
and I have been active in financial advisory work for a number of years. We are
taxpayers here. We have a number of people in our staff here and a Department
fully capable of advising fiscal advisory work and do perform that function and
have, for a number of communities.
Mayor Ferre: Did you submit a bid?
Mr. Garrish: We were not invited to submit a bid which is exactly the reason I
happened to discover this quite by accident being here on another matter today.
Mayor Ferre: Mr. Gunderson, would you explain to this Commission why the R. J.
Reynolds Securities, Inc. was not invited to bid on this.
Mr. Gunderson: Yes, Sir, I recognize that it is a national securities firm, there
is no question about their securities' standing. Their standing relative to finan-
cial municipal advice is not listed as a member within the bond buyers' .guide, which
is the direc`ory of municipal bonds. They are listed as a dealer in bonds, but they
are not listed specifically as the firms that we are soliciting.
Mayor Ferre: But neither is the Marx. Company, which we also considered.
Mr. Gunderson: No, Sir, we didn't consider them.
Mrs. Gordon: Did we get bids for this, Mr. Gunderson.
Mr. Gunderson: Yes, 28 bids, 28 firms were solicited, and we received 13 replies
of which 7 actually submitted proposals.
Mayor Ferre: Was the William R. Haugh the best company that bid on this?
Mr. Gunderson: William R. Haugh & Co. bid on this, yes Sir.
Mayor Ferre: Now, William R. Haugh, as I recall, is well known in this community,
they've gone work for the City before, I know they've done work for Interama. They
were, as a matter of fact, bond counsel and financial advisors for Interama.
Mr. Gunderson: That's correct, Sir, they are the number one underwriter for...
Mayor Ferre: And they do many other municipalities and they specialize in this
area. They have their main office in St. Petersburg but also maintain an office
in the Miami area, is that correct?
Mr. Gunderson: Is that correct?
Mayor Ferre: Gordon moves item 29, is there a second?,..second by Commissioner
Aeboso, is there -further discussion, call the roll,
164 JUL 141977
e
The following resolution Was introduced by Commissioner Gordon w'ho toyed
ita ado tint
RESOLUTION NO. 77-571
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH WILLIAM R. HOUGH & CO. TO BECOME THE CITY OF
MIAMIIS FINANCIAL ADVISOR RELATIVE TO FUTURE SALES OF CITY
OF MIAMI BONDS FOR THREE YEARS IN ACCORDANCE WITH THE ATTACHED
FEE SCHEDULE APPLICABLE TO SUCH SALES.
(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:
NOES: None
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
(AGAIN, BACK TO ITEM 27/LABEL 34):
Mr. Plummer: Mr. Mayor, I want to go back to item No. 27 for a moment. On page
1 of the agreement of 9, it says here that the Pioneer of Dade County...:'with two
rooms open to the public as a museum on a regular basis." Continuing to read, "the
remainder of the building ill beiused by the Trust as headquarters for the community -
wide preservation.
Mayor Ferre: Make your point, J.L.
Mr. Plummer: The point is I want it understood and clear for the record that
this entire building at all times will be available to the public, that's under-
stood.
Mr. Grassie: Available as an office observing normal courtesies of use in office.
Mr. Plummer: In other words, the point I'm trying to make, Mr. Grassie, is that
this will be set up in such a manner us a historic site and when you go to visit
a historic site you visit the entire structure. If these people are going to
simply use it as an office is where I would have to disagree.
Mayor Ferre: Let's go on, J.L.
Mr. Grassie: You are right, in terms of the intent but normally somebody would
have to ask to go into the back office.
Mayor Ferre: Any further questions?..Let's move on.
39. ACCEPT BID: ORANGE BG4L - CRO»m CONTROL SERVICES,
The following resolution was introduced by Commissioner Reboso, who moved
its adoption:
RESOLUTION NO. 77-572
A RESOLUTION ACCEPTING THE BID OF ANDY FRAIN OF FLORIDA, INC. FOR
FURNISHING CROWD CONTROL SERVICE FOR THE ORANGE BOWL DURING MIAMI
DOLPHIN FOOTBALL GAMES AND OTHER ORANGE BOWL EVENTS REQUIRING THE
CITY OF MIAMI TO FURNISH CROWD CONTROL SERVICE; AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF MIAMI
AND ANDY FRAIN OF FLORIDA, INC. FOR PROVIDING SAID SERVICE IN AC-
CORDANCE WITH THE TERMS OF THE BID FOR A PERIOD OF ONE YEAR COMMENDING
JULY 15, 1977; WITH AN OPTION FOR RENEWAL OF SAID AGREEMENT FOR ONE
ADDITIONAL YEAR UPON MUTUAL AGREEMENT.
(Here follows body of resolution, omitted here and on ti.le
165
JUL .4197
.AYES:
in the Wade lee of the City MAW,
Upon being seconded by Commissioner Gibson, the resolution VAS passed and
adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Terre
NOES: None
AUTHORIZE MANAGER TO PURCHASE IN LIEU OF CONDEMNATItN RESIDENCE AT
190 S.E. 12 TERRACE,
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-573
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF
CONDEMNATION A RESIDENCE LOCATED AT 190 S.E. 12 TERRACE, MIAMI,
COMMUNITY
FOR THE SUM OF DEVELOPMENT FUNDS T000 THISPROPERTYING AND$117,000 OTTHER COSTS
COMMUNITY
INCIDENTAL TO THE ACQUISITION.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
None
CONFIRMING RESOLUTION: EXPRESS APPRECIATION ID SENATOR TON j CHILES
HIS EFFORTS IN CONNECTIONREFUGEE
PROGRAM.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-574
A RESOLUTION EXPRESSING THE APPRECIATION AND GRATITUDE OF THE CITY
COMMISSION TO THE HONORABLE LAWTON CHILES FOR HIS SUCCESSFUL EFFORTS
AS A MMER OF U.S. SENATE APPROPRIATIONS COMMITTEE BAN REFUGEE IN
MAINTAINING
THE PROPOSED FULL FUNDING LEVEL OF THE
OGRAM OF THE
U.S. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE.
(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:
Commissioner Manolo Reboso
Commissioner J. L, Plummer, Jr,
Commissioner Rose Gordon
Nice Mayor (Rev.) Theodore R, Gibson
$ayot' Maurice , Ferre
A,TRS:
MU; NPP.e.
laR
• •
Ng
AUTHORIZE Ct 'Y CLERK to PUBLISH NottCt OF 1 JL1C HEARING � IO
TO ACCEPTANCE OF COMPLETED Wo K NORM $AYSH�E. DRIVE HIGHWAY
MPROVEMENT
H 59 - BIb "A".
The following resolution was introduced by Commissioner Plummer, who taoved
adoption:
RESOLUTION N0. 77+-575
A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC
HEARING TO BE HELD ON JULY 28, 1977 AT 3:00 P.M. FOR OBJECTIONS TO THE
ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF
NORTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT H-4359-BID "A" (HIGHWAYS) IN
NORTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT DISTRICT H-4359-BID"A"
(HIGHWAYS).
(Here follows body of resolution. omitted here and on file
in the Office of the City Clerk).
Uioon being seconded by Commissioner Gordon. the resolution was passed and
vted by the following vote:
S: Commissioner Manolo Reboso
Commissioner J. L. Plummer. Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Manor Maurice A. Ferre
St None
3, km-oRIZE CITY MANAGER TO ENTER INTO CONTRACT WITH JENNINGS TOWING SERVICE
FOR RETRIEVAL OF DUMP TRUCK AND BULLDOZER AT VIRGINIA KEYS
The following resolution was introduced by Commissioner Plummer, who moved
s adoption:
RESOLUTION NO. 77-576
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
JENNINGS TOWING SERVICE FOR THE RETRIEVAL OF ONE (1) 1965 INTERNATIONAL
10-YARD DUMP TRUCK AND ONE (1) 1972 CAT D7 BULLDOZER PRESENTLY SUBMERGED
IN DD$1 LA000.00OON AWITH VIRGINIA
ALLOCATEDFROMDISPOSAL
ROMPIT.
MOTOR�EQUIPMENT REPLACEMENT
EXCEEDITURE IS NOT TO
$10,50
FUND.
(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
dopted by the following vote:
YES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Couunissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
;OES: None.
JUL 4.1977
441 ACCEPT CUTLETS WORK: retia11 ION OF INCINERATOR I 11
The £oiloving resolution was introduced by Commissioner ?UMW, Utid rove
to adoption:
RESOLUTION NO. 77-577
A RESOLUTION ACCEPTING TEE COMPLETED WORK PERFORMED BY BIG CHIEF, INC4
AT A TOTAL COST OF $21,330 AND AUTHORIZING A FINAL PAYMENT OF $21133
FOR INCINERATOR NO. 1 - SALVAGE AND DEMOLITION (PHASE I)-1977.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None
45, CLAIM SETTLE/ENT: GUARINo AGUILERA.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-578
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO GUARINO
AGUILERA AND GERALD FOREMAN, HIS ATTORNEY, WITHOUT THE ADMISSION
OF LIABILITY, THE SUM OF $1,500.00 IN FULL AND COMPLETE SETTLEMENT
UPTHE BODILY
EXECUTIOON OF RELEASE,DEMANDS
ING TI
ALL THE CITY OFHE TTOF ,
UPONMIAMI FROM
ANY AND ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by 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
468 CLAIM SETT1.NIT•
C RISTINE MDNTGONERY.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption.
RESOLUTION NO. 77-579
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CHRISTINE
MONTGOIRY AND =BARD H. BURRE, ITER ATTORNEY, WITHOUT THE ADMISSION
OF LIABILITY, TRE SUM OF $2,000.00 IN FULL AND COMPLETE SBTTLENENT
165
JUL 141977
•
1
or ALL BODILY INJURY; PERSONAL IN.i1JRy PROTECTION LIENS, AND
W Pi'4EN`S COMPENSATION LIENS, CLAIMS AND IMAMS AGAINST THE
CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING TiiB
CITY FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
Comimissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice HAyor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
AYES:
NOES: None
CLAIM SETTLE1 ENT: LEONARD BUSHMAN.
The following resolution was introduced by Commissioner Plummer + who moved
its adoption:
RESOLUTION NO. 77-580-
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LEONARD
BUSMAN AND RICHARD E. EMAS, HIS ATTORNEY, WITHOUT THE ADMINISSION
OF LIABILITY, THE SUM OF $9,250.00 IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, COLLISSION
DEDUCTIBLE, CLAIMS AND DEMANDS, AGAINST THE CITY OF MIAMI, AND UPON
EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS, AND TO PAY TO HARTFORD INSURANCE COMPANY, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF $1,824.58 IN FULL AND COMPLETE
SETTLEMENT OF THEIR PERSONAL INJURY PROTECTION LIEN AND COLLISSION
NTSUB-
ROGATION CLAIMS AND DEMANDS, AGAINST THE CITY OF MIAMI,
AND UPONE
EXECUTION OF A PYLEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND
DEMANDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
adopted by the following vote:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
AYES:
passed and
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-58.
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TTOUFAY TOAEMI IO RUIZ,
AN INDIVIDUAL, AND DON ALLEN CHEVROLET, INC.,
F
LIABILITX, THE SUM OF $1,562.45 IN FULL AND COMPLETE SETTLEMENT OF ALL
FROPERTY DAMAGE, EXPENSES AGAINST THE CITY OE MIAMI, PROPERTY DAMAGE, OF
A RELEASE, RELEASING TEE CITY OF MIAMI _
AND DEMANDS.
(ere follows body of resolution, omitted here and on file
11 MUIR 111111 Ili 11111111 11111111111
nu 4 A 1C171
•
in the Office of the City Clem.).
Upon being seconded by Cotirissiotet Reboso, the resolution was passed a
adopted by the following vote:
Commissioner Manolo Reboso
CoinniSsionet J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rey.) Theodore R. Gibson
Mayor Maurice A. Ferte
AYES:
W S: Naha
49. CLAIM S 1 W ETh I SA13E RANI i
The following resolution was introduced by Commissioner Plummer, who moved
its adoptions
RESOLUTION NO. 77-582
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ISABEL PESANI
AND HER ATTORNEY, HERBERT WEINSOFF, THE SUM OF $1,000.00 IN FULL AND
COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI,
UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL
CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
50, ALLOCATE $2 500+00 FROM 61JALITY OF LIFE PROGRAM FOR ELECTRICAL SERVICES
AT DALLAS PARK HOTEL, LnrIE ART MJSE M,
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-583-
A RESOLUTION ALLOCATING $2,500 FROM SPECIAL PROGRAMS AND ACCOUNTS -
SPECIAL COMMUNITY PROGRAMS ALSERVICE FOROF ETHE LOWE,FOR THE
ART MUSEUM
OF PROVIDING ELECTRICAL
IN THE LOBBY OF THE DALLAS PARK HOTEL.
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:
ASS
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
mayor Maurice A. Terse
JUL 341977
.41
r
EL ALLOCATE ,( FROM CONTINGENT FUND 10 FUND INTEREST WAIF IN
ectotwoE No, 8659 (LABORERS) WATcf N AND CUSTODIAL SERVtCEs),
The following resolution was introduced by Commissioner Gordon, who totted
its adoption:
RESOLUTION NO. 77-584
A RESOLUTION ALOCATING $20,000 FROM THE CONTINGENT FUND FOR THE
PURPOSE OF FUNDING THE 4% INTEREST REQUIREMENTS WAIVED BY ORDINANCE
No. 8659.
(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:
NOES: None
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
52, AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENTS WHICH WILL INCREASE FUNDING
AVAILABLE TO THE CITY, EXTEND FUNDING PERIOD FOR TEMPORARY PUBLIC SERVICE
JOBS PROGRAM UNDER TIME III.
The following resolution was introduced by Commissioner Reboso, who moved
its adoption:
RESOLUTION NO. 77-585-
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO ANY CONTRACTS
OR AGREEMENTS WHICH WILL INCREASE THE AMOUNT OF FUNDS AVAILABLE TO
THE CITY OF MIAMI AND/OR EXTEND THE FUNDING PERIOD FOR A TEMPORARY
PUBLIC SERVICE JOBS PROGRAM UNDER TITLE III OF THE COMPREHENSIVE
EMPLOYMENT AND TRAINING ACT AND FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY ADDITIONAL CONTRACT(S) AND/OR AGREEMENT(S) NECESSARY
TO IMPLEMENT AND/OR CARRY OUT A TEMPORARY PUBLIC SERVICE JOB PROGRAM
AS AUTHORIZED BY THE MANPOWER PLANNING COUNCIL OF DADE AND MONROE
COUNTIES WITH TITLE III AVAILABLE FUNDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
53, ACCEPT BID: OSCILLOSCOPE AND SPECTRi 1. MP LYZER,
The following resolution was introduced by Commissioner Plummer, ,ha moved
its adoption:
RESOLUTION NO. 77-586
A RESOLUTION ACCEPTING THE BID OF TEKTRONIX, INC. FOR FURNISHING
•
AN OSCILLOSCOPE AND SPECTRUM ANALYZER FOR THE DEPARTMENT OP
COMM/CATIONS AT A TOTAL COST Off' $8,373.00; ALLOCATING FUNDS
`ROM TEE 1976-1977 FISCAL YEAR MOM AUTHORIZING THE CITE
MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER
FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was Passed
adopted by the following vote:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
AYES:
NOES None
54ACCEPT BID:
RADIO EQUIpreNT,
The following resolution was introduced by Commissioner Reboso, who moved
its adoption:
RESOLUTION NO. 77-587-
A RESOLUTION ACCEPTING TEE BID OF MOTOROLA C S E INC. FOR
FURNISHING RADIO EQUIPMENT FOR THE DEPARTMENT
FUNDSFFROM THE
AT A TOTAL COST OF $7, •OO'ALLOCATINGAUTHORIZING THE CITY MANAGER
1976-1977 FISCAL. YEARRBUDGET;
AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS
EQUIPMENT.
Caere follows body of resolution,
omitted here and on file
in the Office of the City l
Upon being seconded by Commissioner Gordon, the resolution was passed
adopted by the following vote:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
AYES:
NOES: None
55, ACCEPTED: STATIONARY PLANTERS.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-588-
A RESOLUTION RESCINDING RESOLUTION NUMBER 77-244 AND ACCEPTING
THE BID FROM S. PONCE FOR FURNISHING 33 STATIONARY PLANTERS FOR
THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL COST OF $13,318.00;
ALLOCATING FUNDS FRO!'! THE PARKS FOR PEOPLE BOND FUND; AUTHORIZING
AND DIRECTING THE CITY MANAGER TO INSTRUCT
CTLTHE PURCHASINGU5 BAE GEN TO
CANCEL TEE PURCHASE ORDER TO J. & J •
PEE ORDER TO S. PONCE FOR THESE MATERIALS.
Caere follows body of resolution, omitted here and on file
in the Office of the City Clerk).
'spot being seconded by Camm3.ssiofer Gibson, the tesblut.00 was passed and
s
Adopted by the fat :i ig Trott:
Co issiohet 3aha10 kebdso
CoffiffiisSiOner J. L. Plummer, Jr*
Coissioiiet Rose Gordon
Vied West (RevO Theodore R. Gibbon
Mayor Maurice Al Vette
MOSS: None
56. � BARK -LAYKOLD Tams Comm '�
�` �(�1P1, WORK. HEr�
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
•
•
RESOLUTION No. 77-589
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY WILLIAMS
PAVING CO., INC. AT A TOTAL COST OF $28,365.00 AND AUTHORIZING
A FINAL PAYMENT OF $5,307.65 FOR HENDERSON PARK - LAYKOLD TENNIS
COURTS - 1976.
(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:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
AYES:
NOES: None
57, CITY CEMETERY IMPROVE ENTSs
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-590
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY 0.S.B.
ACONSTRUCTION,
FINAL PAAYM�� OF$2,203.6C. AT A 5LFORST THEFCITY,C77.30 AND EMETERYY - IMPROVEMING
ENTS.
FINAL
(Here
fOffice ofbody
thefCity Clerk)resolution,
omitted here and on file
in the
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Terre
NOES; None
13 JUL 141977
•
AXEPT HIGHWAY RtGH '"ON -WAY DEM L GEMINI IV ICOAHOUSE ASSOCIATION) INC
The following tesoltjtioti Was itittoduced by Coiitnissiot et Plutter, %rho
to adoption: 4 •
RESOLUTION NO. 77-591
A RESOLUTION ACCEPTING THE FEBRUARY 14, 1977 HGIHWAY RIGHT-OI'-WAY
DEED EXECUTED BY GEMINI IV TOWNHOUSE ASSOCIATION, INC. CONVEYING
TO THE CITY OF MIAMI THE EAST 20 FEET OF LOT 12 OF PEACOCKS SUB.,
DIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1,
AT PAGE 195, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; ANI)
DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAME
IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(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
adopted by the following vote:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson -
Mayor Maurice A. Ferre
59, AUTMDR I ZE CITY MANAGER TO AMEN SERVICE CONTRACT WITH PET E, MARW I C K, MI TCHELL
AND Co,. STAFF -LEVEL AUDITOR ASSISTANCE
Mrs. Gordon: That's the one I wart to know something about. Mr. Manager, tell me
why we need that.
Mr. Grassie: Because we have three vacancies in the Internal Audit staff of the
City and we have audits that we legally have to accomplish.
Mrs. Gordon: Okay, I'll move it then.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-592
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL
SERVICE 'CONTRACT WITH THE FIRM OF PEAT, MARWICK,MITCHELL 6 COMPANY,
CERTIFIED PUBLIC ACCOUNTANTS, PREVIOUSLY AUTHORIZED UNDER RESOLUTION
NO. 76-733 ON JULY 22, 1976 FOR THE PURPOSE OF ASSISTANCE .TO THE
DIVISION OF INTERNAL AUDIT -DEPARTMENT OF MANAGEMENT SERVICES, FOR AN
AMOUNT NOT TO EXCEED $17,200 AS COMPENSATION, WITH FUNDS THEREFOR TO
BE PAID FROM THE "EXTERNAL AUDIT SERVICES - SPECIAL PROGRAMS ACCOUNTS."
(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:
*TES:
OES None
Commissioner Manolo Reboso
Commissioner J. L. plumtuar, Jr.
Commissioner Rose Gordon
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
1111 A 117l
ittbs Obtdeli: Ohl Mother thing, Irstiayor, wili. have to thatige the date of
the seetifig isleptesber, Mrs Mayor, :sat have a semoratiduit herd fro Mrs 'lean
about changing the meeting datti. ptember.toasscould we do it Welt Thuraday,
could you bring it back/ okAys
niottmettti
There being no further busiheat te tote htfOrd tht City Coisaitsioris
bil tiOtioti duly sade mid ateohded, the seetitig was adlourtied at 10:15 paths
MAtiktet A. IMRE
Mayor- -
ATTEST: RALPH Os ONOtt
City Cletk
MATTY flIRAI
Aseistatt City Clerk
`I•
4 1977
1
DOCUMENT
MEETING DATE:
INDEX July 14, 1977
ITEM NO
DOCUMENT IDENTIFICATION
COMMISSION
ACTION
RETRIEVAL
CODE NO.
1
2
3
4
5
6
7
8
9
10
11
12
COMMISSION AGENDA AND CITY CLERK REPORT
AUTHORIZING THE CITY MANAGER TO PREPARE PLANS
AND DESIGNS FOR THE EXPANSION OF EXISTING
BUILDINGS AT EATON, MORE AND SHENANDOAH DAY
CARE CENTERS TO COMPLY WITH THE FIRE CODE •
STANDARDS.
ACCEPTING THE COMPLETED WORK PERFORMED BY
GOODWIN, INC. AT A TOTAL COST OF $2,249,321.94
ACCEPTING THE COMPLETED WORK PERFORMED BY
ROENCA CORPORATION AT A TOTAL COST OF
$718,035.3.7
ACCEPTING THE COMPLETED WORK PERFORMED BY
THE BREWER COMPANY OF FLORIDA, INC. AT A TOTAL
COST OF $386,165.23
AMENDING SECTION 39-25 OF THE CODE OF THE
CITY OF MIAMI
JOINT RESOLUTION OF THE BOARD OF COUNTY COM-
MISSIONERS OF DADE COUNTY, AND THE COMMISSION
OF THE CITY OF MIAMI AMENDING JOINT RESOLUTION
ADOPTED BY SAID BOARD OF COUNTY RESOLUTION
NO. 6573, ON MAY 23, 1961
AUTHORIZING THE CITY MANAGER TO ENTER INTO
THE ATTACHED LEASE AGREEMENT BETWEEN THE CITY
OF MIAMI AND DADE HERITAGE TRUST, INCORPORATED
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH MR. RICK SISER AS LEGISLATIVE
LIAISON REPRESENTATIVE TO REPRESENT THE CITY
BEFORE ALL FLORIDA STATE LEGISLATURE SESSIONS
DEALING WITH CONSTITUTIONAL REVISION
GRANTING USE OF THE MIAMI BASEBALL STADIUM
BY MIAMI DADE COMMUNITY COLLEGE, DOWNTOWN
CAMPUS, FOR THE PURPOSE OF CONDUCTING ITS
BASEBALL PRACTICE SESSIONS FROM SEPTEMBER 5,
1977 THROUGH DECEMBER 9, 1977
AUTHORIZING THE CITY MANAGER TO ENTER INTO
A LEASE AGREEMENT WITH THE MIAMI ROWING CLUB,
INC.
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH WILLIAM R. HOUGH & CO. TO
BECOME THE CITY OF MIAMI'S FINANCIAL ADVISOR
RELATIVE TO FUTURE SALES OF CITY OF MIAMI
BONDS FOR THREE YEARS
R-77-557
R-77-558
R-77-559
R-77-560
R-77-565
R-77-567
R-77-568
R-77-569
R-77-570
R-77-571
0060
77-557
77-558
77-559
77-560
0061
77-565
77-567
77-568
77-569
77-570
77-571
)OCU MENIIN DEX
CONTINUED
)4 NO.
DOCUMENT IDENTIFICATION
COT II STN RETRIEVAL
� Af'Ttf1N CODE NO.
13
14
15
16
17
18
19
20
21
22
23
24
ACCEPTING TIIE BID OF ANDY FRAIN OF FLORIDA,
INC. FOR FURNISHING CROWD CONTROL SERVICE FOR
THE ORANGE BOWL DURING MIAMI DOLPHIN FOOTBALL
GAMES.
AUTHORIZING THE CITY MANAGER TO PURCHASE IN
LIEU OF CONDEMNATION A RESIDENCE LOCATED AT
190 S.E. 12 TERRACE.
EXPRESSING THE APPRECIATION AND GRATITUDE OF
THE CITY COMMISSION TO THE HONORABLE LAWTON
CHILES FOR HIS SUCCESSFUL EFFORTS AS A MEMBER
OF U.S. SENATE APPROPRIATIONS COMMITTEE
AUTHORIZING THE CITY CLERK TO PUBLISIH A NOTICE
OF PUBLIC HEARING TO BE HELD ON JULY 28, 1977
FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY
COMMISSION OF THE COMPLETED CONSTRUCTION OF
NORTH BAYSIIORE DRIVE HIGHWAY IMPROVEMENT H-
4359 BID "A"
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH JENNINGS TOWING SERVICE
ACCEPTING THE COMPLETED WORK PERFORMED BY
BIG CHIEF, INC. AT A TOTAL COST OF $21,133
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO GUARINO AGUILERA AND GERALD FOREMAN, WITH-
OUT THE ADMISSION OF LIABILITY, THE SUM OF
$1,500.00 IN FULL AND COMPLETE SETTLEMENT OF
ALL BODILY INJURY CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI
AUTHORIZING THE DIRECTOR OF FINANCELTO PAY TO
CHRISTINE MONTGOMERY AND RICHARD B. BURKE
WITHOUT THE ADMISSION OF LIABILITY, THE SUM
OF $2,000.00 IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY
AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO LEONARD BUSHMAN AND RICHARD H. EMAS,
WITHOUT THE ADMISSION OF LIABILITY, THE SUM
OF $9,250.00 IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO EVIDIO RUIZ, AN INDIVIDUAL, AND DON ALLEN
CHEVROLET, INC., WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $1,562.45 IN FULL AND
COMPLETE SETTLEMENT OF ALL PROPERTY DAMAGE
AUTHORIZING TIIE DIRECTOR OF FINANCE TO PAY
TO ISABEL PESANI AND HER ATTORNEY, THE SUM OF
$1,000.00 IN FULL AND COMPLETE SETTLEMENT OF
ALL CLAIMS AND DEMANDS.
ALLOCATING $2,500 FROM SPECIAL PROGRAMS AND
ACCOUNTS -SPECIAL COMMUNITY PROGRAMS -QUALITY
OF LIFE PROGRAM, FOR THE PURPOSE OF PROVID-
ING ELECTRICAL SERVICE FOR THE LOWE ART
R-77-572
R-77-573
R-77-574
R-77-575
R-77-576
R-77-577
R-77-578
R-77-579
R-77-580
R-77-581
R-77-582
77-572
77-573
77-574
77-575
77-576
77-577
77-578
77-579
77-580
77-581
77-582
MUSEUM
R-77-583
77-583
)OCU MENTIN DEX
CONTINU
D
f
M NO.
DOCUMENT IDENTIFICATION
25 ALLOCATING $20,000 FROM THE CONTINGENT FUND
FOR THE PURPOSE OF FUNDING THE 4% INTEREST
REQUIREMENTS WAIVED BY ORDINANCE NO. 8659
26 AUTHORIZING THE CITY MANAGER TO ENTER INTO
ANY CONTRACTS OR AGREEMENTS WHICH WILL IN-
CREASE THE AMOUNT OF FUNDS AVAILABLE TO THE
CITY OF MIAMI
27 ACCEPTING THE BID OF TEKIRONIX, INC. FOR FUR-
NISHING AN OSCILLOSCOPE AND SPECTRUM ANALYZER
FOR THE DEPARTMENT OF COMMUNICATIONS AT A
TOTAL COST OF $8,373.00
28 ACCEPTING THE BID OF MOTOROLA C&E INC. FOR
FURNISHING RADIO EQUIPMENT FOR THE DEPARTMENT
OF BUILDING AT A TOTAL COST OF $17,345.00
29 RESCINDING RESOLUTION NO. 77-244
30 ACCEPTING THE COMPLETED WORK PERFORMED BY
WILLIAMS PAVING CO., INC. AT A TOTAL COST OF
$28,385.00
31 ACCEPTING THE COMPLETED WORK PERFORMED BY
O.S.B. CONSTRUCTION, INC. AT A TOTAL COST OF
$16,377.30
32 ACCEPTING THE FEBRUARY 14, 1977 HIGHWAY RIGHT
OF -WAY DEED EXECUTED BY GEMINI IV TOWNHOUSE
ASSOCIATION, INC.
33 AUTHORIZING THE CITY MANAGER TO AMEND THE
PROFESSIONAL SERVICE CONTRACT WITH THE FIRM
OF PEAT, MARWICK, MITCHELL & COMPANY.
COMMISSTON
ACTION
R-77-584
R-77-585
R-77-586
R-77-587
R-77-588
R-77-589
R-77-590
R-77-591
R-77-592
RETR !EVA L
CQDE NO.
77-584
77-585
77-586
77-587
77-588
77-589
77-590
77-591
77-592