HomeMy WebLinkAboutCC 1977-07-28 Minutes117-111944 iras
OF MEETING HELD ON JUL 281977
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
ITEM NO.
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2.
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$ OF REGULAR VL
C1 1CCItiSSICN OF ram Floe:
ACT
TABLE OF CONTENTS
CONDOLENCES IN THE DEATH OF ARCHBISHOP COLEMAN CARROLL MOT. 77-612
TO ARCHBISHOP EDWARD McCARTHY.
OVERRULE ZONING BOARD'S DENIAL OF VARIANCE AND PERMIT RES. 77-613
LOCATION OF A BAR AND PACKAGE STORE AT 6285 N.W. 7TH
AVENUE. (CONDITIONAL USE)
OVERRULE ZONING BOARD'S DENIAL OF VARIANCE AND PERMIT RES. 77-614
LOCATION OF A BAR AND PACKAGE STORE AT 6285 N.W. 7TH
AVENUE. (VARIANCE).
PERSONAL APPEARANCE: DR. BEN SHEPPARD REQUESTING USE MOT. 77-615
OF THE FORMER MUNICIPAL JUSTICE BUILDING FOR A YOUTH
SERVICE PROGRAM.
MOTION AUTHORIZING CITY MANAGER TO NEGOTIATE WITH MOT. 77-616
DIPLOMAT WORLD ENTERPRISES FOR DEVELOPMENT OF WATSON
ISLAND (See later RES. 77-671).
DISCUSSION OF A LOCATION FOR MIAMI BRIDGE YOUTH PROG " BRIEF DISC.
LITTLE HAVANA COMMUNITY CENTER - ACCEPT PROPOSAL FOR
DEMOLITION OF BUILDING "C", ETC.
ACCEPT RECOMMENDATION OF PLANNING DEPARTMENT FOR
PROPOSED LOCATION OF VELODROME.
REPORT OF CITY OF MIAMI MAJOR HOUSING ISSUES.
BRIEF DISCUSSION ITEM: METRO ACTION ENJOINING PUBLIC
WORKS FUNDS FOR MUNICIPALITIES (SEE MINUTES ITEM 89-
RES. 77-673)
PERSONAL APPEARANCE: CAPTAIN JOHN SHIELDS REGARDING
TOYS FOR TOTS USE OF BAYFRONT PARK AUDITORIUM.
RETIREMENT PLAQUES, CERTIFICATES OF APPRECIATION AND
SPECIAL ITEMS.
MOT. 77-617
MOT. 77-618
DISCUSSION
AUTHORIZE CITY MANAGER TO BEGIN DISCUSSIONS WITH WORLD RES. 77-619
TRADE CENTER, INC. FOR POSSIBLE DEVELOPMENT OF A WORLD
TRADE CENTER IN THE DALLAS PARK AREA.
FIRST READING ORD.-CREATE NEW DEPT. OF TRADE & COMMERCE 1st READ. ORD.
PROMOTION.
PROPOSED LEASE AGREEMENT- MERRILL STEVENS; DEFER MOT. 77-620
CONSIDERATION AND INSTITUTE ECONOMIC STUDY.
APPOINT COMMITTEE TO STUDY SOUTHERN BELL'S PROPOSED RATE MOT. 77-621
INCREASES AND ADDITIONAL CHARGES.
AUTHORIZE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNA- RES. 77-622
TION PROPERTY AT 47 NE 58TH ST.; 5827 NE MIAMI COURT; RES. 77-623
5835 NE MIAMI COURT; 42 NE 5TH ST., AND 5828 NE MIAMI PL
18, tAUORIZE CITY MANAGER TO EXECUTE AGREEMENT STAR ENTER- RES. 77.-624
19.
TAINMENT, INC. TO PROMOTE ACTIVITIES IN CITY FACILITIES.
ACCEPT PLAT: BISCAYNE CAMP.
RES. 77-625
20, PERSONAL APPEARANCE: LORRAINE PRINCE CONCERNING FUNDING MOT. 77-626
OF DECORATIVE STREET LAMPS IN COCONUT GROVE BUSINESS AP
1-2
2 -12
12-
13-15-A
15A-19
19-20
20-24
24-26
27-35
35-38
38
38-39
39-43
43-50
50-58
58-59
59 -
61
61
62
62-63
ITEM NO.
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22.
23.
24.
40 25.
26.
27.
28.
29.
• 30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
INDEX
CITYI1 SSCEIASFtM�FlDRID4
SUBJECT
TABLE OF CONTENTS
%age
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT - BEBER
SILVERSTEIN AND PARTNERS FOR CITY -COUNTY ADVER. AGMT.
FIRST READ. ORD.-APPROVE EXPEND. FOR OPERATION/MAINT.
GUSMAN HALL & OLYMPIA BUILDING.
AUTHORIZE CITY MANAGER TO MEET WITH DIRECTOR OF OFF-
STREET PARKING - OLYMPIA BLDG. FUNDS
BRIEF DISCUSSION OF 1977-78 OFF-STREET PARKING BUDGET
TO BE HELD AT FIRST MEETING IN SEPTEMBER.
PERSONAL APPEARANCE: PAT SKUBISH RE SANITATION WORKERS
BLACK ASST. CITY MANAGERS; NO -FEMALE ASST. DEPT. HEADS,
AND GEA EMPLOYEE RAISES.
INSTRUCT CITY ATTY. TO INVESTIGATE EMPLOYMENT OF
SECRETARIES TO THE COMMISSION & MAYOR.
F.E.C.- CONDEMNATION: INSTRUCT CITY ATTY. TO PROCEED
ON A "QUICK -TAKE BASIS."
AUTHORIZE CITY ATTY. TO NEGOTIATE CONTRACT WITH:
LEON BLACK,ESQ. AS SPECIAL COUNSEL FOR F.E.C.
CONDEMNATION PROCEEDINGS.
AUTHORIZE CITY MANAGER TO NEGOTIATE AGREEMENT WITH:
BETHUNE-COOKMAN COLLEGE FOR USE OF ORANGE BOWL.
EMERGENCY ORDINANCE: ESTABLISH 3RD YEAR COMM.DEV.BLOCR
FIRST READING ORDINANCE: ESTABLISH 3RD YEAR COMM. DEV.
ORDINANCE Off
K SOLUTION 0,
MOT. 77-627
1st READ. ORD.
MOT. 77-628
MOT. 77-629
RES. 77-630
MOT. 77-631
MOT. 77-632
ORD. 8674
1st READ. ORD.
PROGRAM AND SOCIAL SERVICE PROGRAM TRUST & AGENCY FUND 4/C
SUPPORT APPLICATION OF GROVE HOUSE FOR FUNDS NOT TO
EXCEED $8,200.00.
MOT. 77-633
PERSONAL APPEARANCE: MR. ZILBER AND MARGUERITE SCHWART2
REQUESTING FUNDING FOR TRANSPORTATION FOR THE HANDICAPPED.
CONTINUATION OF HEARING CONCERNING POSSIBLE REVOCATION
OF LICENSES OF GAYETY THEATRES,INC.,d/b/a PUSSYCAT
THEATRE I AND PUSSYCAT THEATRE II.
CONTINUATION OF HEARING CONCERNING POSSIBLE REVOCATION
OF LICENSES OF IMPORT & INVESTMENTS SERVICES,INC. d/b/a
ESCORT SERVICES INTERNATIONAL.
SECOND READING ORD.: AMEND ORD. 8589; INCREASE APPROP-
RIATIONS AND REVENUE FOR FIRE DEPARTMENT BY $42,181.00.
RES. 77-634
RES. 77-635
ORD. 8675
AMEND ORD. NO. 8589, SECT. 1 AND 4; INCREASE EXPENDITU1 S
AND REVENUES- $1,560,810 FOR COUNTEI-CYCLICAL R.S.P. ORD. 8676
SECOND READING ORD.: AMEND ORD. NO. 8589, SECT. 1 AND
4; INCREASE APPROP. AND REVENUES $1,200,000 FROM F.R.S.
FUNDS FOR STREET LIGHTING PROGRAMS.
SECOND READING ORD.: AMEND CHAPTER 30 OF THE CITY CODE
"LICENSES", A. III, BY ADDING: "PROFESSIONAL CORP.•1
(SECOND READING ORDND ..; ESTABLISH 2YEAR COMM. DEV.BLC
AaiICY ParMeNTO USE COMPLEX TRUST AND
ORD. 8677
ORD. 8678
ORD. 8679
PACE NO,
63-67
67-68
68-71
71-72
72-75
75-76
76-81
82
83
83
84
84
84-85
85-87
88-94
95
95
96
96
97
w.ti1L 281'S77
l
Page 3 of
CnTYIP&INF MIAMI, RIn1
ITEM NO,
SUBJECT
41.
42,
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47.
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49.
50.
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52.
53.
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TABLE OF CONTENTS
SECOND READING ORD.: ESTABLISH 2ND YEAR COMM.DEV.
BLACK GRANT - PLANNING, JACKSON HOSPITAL COMPLEX TRUST
AND AGENCY FUND ACCOUNT.
SECOND READING ORD.: ESTABLISH 2ND YEAR COMM.DEV.
BLOCK GRANT --PLANNING, RIVERFRONT COMPLEX TRUST AND
AGENCY FUND ACCOUNT.
SECOND READING ORD.: AMEND ORD. 8371, REVISE FEE
SCHEDULE FOR CHILD DAY CARE PROGRAM.
FIRST READING ORD.: AMEND CITY CODE BY REPEALING
SECT. 2-24.1 AND SUBSTITUTING NEW SECTION PROV. FOR
INSPECTION AND SERVICE FEES.
FIRST READING ORD.: AUTH. ISSUANCE OF $15,000,000
GEN. OBLIGATION MUNICIPAL STADIUM BONDS; SUBJECT TO
NOVEMBER 8, 1977 ELECTION.
FIRST READING ORD.: PROVIDE FOR HOLDING OF SPECIAL
BOND ELECTION ON NOV.8, 1977 ON THE QUESTION OF ISSUING
$15,000,000 GEN.OBLIGATION MUNICIPAL STADIUMBONDS.
INCREASE SALARY OF CITY MANAGER TO $52,000.
AUTHORIZE CITY MANAGER TO IMMEDIATELY NEGOTIATE WITH
SANITATION EMPLOYEES ASSOCIATION AND OTHER CURRENTLY
RECOGNIZED BARGAINING UNITS FOR COST OF LIVING ADJMTS.
rINANCE OR
K SOLUTION No.
FIRST READING ORD.: AMEND SECT. 2-24.2 OF CHAPTER 2
OF CITY CODE BY ADDING A NEW SECT. 2-24.2 - ESTABLISH
FOR INSPECTIONS AND EXAMINATIONS OF PLANS AND SITE INS.
ORD. 8680
ORD. 8681
ORD. 8682
1st READ.ORD.
1st READ.ORD.
1st READ.ORD.
RES. 77-636
MOT. 77-637
1st READ.ORD.
FIRST READ. ORD.: AMEND SECT. 5,6,7 AND 8 OF ORD. 1st READ.ORD.
6145 - REPEAL FEE SCHEDULES AND ENACT NEW FEE SCHEDULES.
FIRST READ. ORD.: ESTABLISH 2ND YEAR COMM. DEV. BLOCK 1st READ.ORD.
GRANT- LAND ACQUISITION FOR SUBSIDIZED HOUSING, WYNWOCI)
TRUST & AGENCY FUND ACCOUNT.
FIRST READ.ORD.: AMEND SECT. 11-4 OF THE CITY CODE
DEFINED "AMUSEMENT MACHINES", MAKING IT UNLAWFUL.FOR
OPERATION BY A MINOR.
AUTH. CITY MANAGER TO ENTER, INTO AN AGREEMENT: ---
PEEKSKILL ENTERPRISES, INC. FOR JACKIE GLEASON SHOWS
TO BE TAPED AT GUSMAN HALL.
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH:
ALLEN POMS, RESIDENT ENGINEER FOR DINNER KEY AUDITOR-
IUM PROJECT.
APPROVE DADE-COUNTY DEED- CERTAIN PROPERTIES IN PROP-
OSED DOWNTOWN GOVERNMENT CENTER AREA TO THE CITY OF
MIAMI IN EXCHANGE FOR CERTAIN OBLIGATIONS DUE TO THE
CITY.
AUTH. CITY MANAGER TO SOLICIT PROPOSALS, INTERVIEWS
AND SELECT ARCHITECT FOR DOWNTOWN ADMN. BUILDING.
AUTH. CITY MANAGER TO PURCHASE PATRICIA HOTEL, 312 SE
2ND AVE. FROM CONVENTION CENTER BOND FUNDS.
1st READ.ORD.
RES. 77-638
RES. 77-639
RES. 77-640
RES. 77-641
RES. 77-642
PACE N0,
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97
98
98
99
99-101
102
103-104
105-107
108
108
109
109
110
111
112
112-113
113
a
I ;JUL
P1977
ITEMNO.
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ttdU
tITraSSaMAMI, Fi.ORIM
Page 4 of
SIB.IECT
tINANCE OR
OLUTI oN N0,
PAGE NO,
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TABLE OF CONTENTS
AUTHORIZE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMN-
ATION PROPERTY AT -N.W. CORNER OF SE 2ND AVE. AND SE
4TH ST. FROM CONVENTION CENTER BOND FUNDS.
AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT WITH -
DADE COUNTY OFFICE OF TRANSPORTATION ADMN. - STATION
AREA DESIGN FOR RAPID TRANSIT SYSTEM.
AUTHORIZE CITY MANAGER TO ENTER INTO A BOARD OF PUBLIC
INSTRUCTION FOR USE OF PLAY FIELDS AT ROBERT E. LEE,JR.
HIGH.
ACCEPT COMPLETED WORK - MODERN CITIES COMM. DEV.STREET
IMPROVEMENTS.
ACCEPT COMPLETED WORK - MORNINGSIDE PARK IMPR.- 1976.
PUBLIC HEARING: OBJECTIONS TO COMPLETED WORK - NORTH
BAYSHORE HIGHWAY IMPR. H-4359 - BID "A".
ACCEPT COMPLETED WORK: SHENANDOAH PARK - 1976-SPORTS
LIGHTING AND COURTS.
ACCEPT PLAT:
RIVAS .
ACCEPT PHASE II, STAGE "B" FROM GROVE GROUP FOR RE-
ALLOCATE $7,000 FROM PARKS FOR PEOPLE BOND FUNDS TO
INSTALL PLAQUE AT URBAN MINI -PARK LOCATED AT 46 W.
FLAGLER STREET.
ORDERING RESOLUTION: S.W. 22 STREET, HIGHWAY IMPR.,
PHASE III, H-4418.
DEFERRAL OF CONSIDERATION OF IMPROVEMENT OF FINANCIAL
ADVISORS TO THE RETIREMENT SYSTEM.
AUTHORIZE CITY MANAGER TO SUBMIT GRANT APPLICATION -
BUREAU OF CRIMINAL JUSTICE PLANNING AND ASST. FOR
FUNDING OF AN ACCURATE INFORMATION MESSAGE (AIM? PROD.
AUTHORIZE CITY MANAGER TO SUBMIT GRANT APPLICATION TO
BUREAU OF CRIMINAL JUSTICE PLANNING AND ASSISTANCE FOR
FUNDING OF 2ND YEAR GRANT FOR JUVENILE OFFENDER DIVER-
SIONARY PROJECT.
AUTHORIZE CITY MANAGER TO SUBMIT GRANT APPLICATION TO
THE BUREAU OF CRIMINAL JUSTICE PLANNING AND ASSISTANCE
FOR 2ND YEAR GRANT TO ACQUIRE ADDITIONAL PHOTOGRAPHIC
EQUIPMENT TO EXPAND CAPABILITIES OF POLICE DEPT.
ACCEPT PLAT: VINAS.
APPROVE FINANCIAL PLAN AND PROJECT FOR 168 UNITS,
SECTION 8, SUPPORTED BY CITY OF MIAMI HOUSING BOND
ISSUE.
RES. 77-643 113
RES. 77-644 114
RES. 77-645 114
RES. 77-646 114 -115
RES. 77-647 115
RES. 77-648 115
RES. 77-649 116
RES. 77-650 116
RES. 77-651 116
RES. 77-652 117
RES. 77-653 117
MOT. 77-654 118
RES. 77-655 118
RES. 77-656
RES. 77-657
RES. 77-658
RES. 77-659
119
119
120
120
AUTHORIZE ISSUANCE OF $13,540,000 IN BONDS FOR HOUSING RES. 77-660 121
FIRE FIGHTING AND PUBLIC PARKS.
RE -SCHEDULE LAST MEETING IN SEPTEMBER TO SEPTEMBER 20TZ RES. 77-661 121
CLAIM SETTLEMENT: CITY OF MIAMI VS. MARK COLE TRUMBLE RES. 77-662 121-122
JUL 81977
5
ITEM NO.
Page 5 of 5
ctMis°siofnantRtm
SUBJECT
TABLE OF CONTENTS
78. CLAIM SETTLEMENT: FLORENTINO DELGADO
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
DENY CERTAIN CLAIMS AND DIRECT CITY ATTORNEY TO DEFEND
SUITS.
DEFERRAL OF CONSIDERATION OF PROPOSAL AGREEMENT WITH
GREENLEAF, TELESCA PLANNERS, ENGINEERS & ARCHITECTS —
CITY —WIDE MARINA DEVELOPMENT STUDY.
ACCEPT BID: SALVAGE AND MEMOLITION OF INCINERATOR NO.1
ACCEPT BID: SPORTS FIELDS LIGHTING AND ELECTRICAL AT
GRAND AVENUE PARK.
ACCEPT BID: NORTHERN DRAINAGE PROJECT — E-40.
ACCEPT BID: EMULSIFIED ASPHALT
A MOTION DEFERRING CONSIDERATION OF AGT..WITH
ARCHITECTURAL FIRMS IN NEW COMMUNITY BUILDING —
LITTLE HAVANA COMMUNITY CENTER.
APPROVE PROPOSAL FOR STUDY OF GOVERNMENT STUDY
STRUCTURE IN MIAMI—DADE AREA.
CONFIRMING RESOLUTION: AUTHORIZE CITY MANAGER TO
EFFECT CONTRACT WITH DIPLOMAT WORLD ENTERPRISES,LTD.
DEVELOPMENT OF WATSON ISLAND.
APPOINT — VIRGINIA ESSEX TO SUBSTANCE ABUSE BOARD.
AUTHORIZE CITY ATTORNEY TO ENTER INTO :s1REEN' NNT WITH
THE LAWFIRM OF: O'CONNOR AND HANNAN FOR PROFESSIONAL
SERVICES TO ASSIST IN LITIGATION RE CITY OF MIAMI'S
PUBLIC WORKS FEDERAL GRANT FUNDS.
DIRECT CITY ATTORNEY TO EXPEDITE RECEIPT OF OPINION
FROM ATTORNEY GENERAL ON SUBJECT OF PENSION MATTERS.
CONFIRMING RESOLUTION — DESIGNATE COMMISSIONER ROSE
GORDON AS REPRESENTATIVE FOR THE CITY IN THE SISTER
CITY PROGRAM (BERSHEBA, ISRAEL).
PROVIDE FOR HOLDING OF SPECIAL REFERENDUM ELECTION
(NOVEMBER 8, 1977) ON QUESTION OF AMENDMENT TO THE CODE
TO PERMIT.
RES. 77-663 122
RES. 77-664 122-123
DISCUSSION 123-125
RES. 77-665 126
RES. 77-666 126
RES. 77-667 127
RES. 77-668 127
MOT. 77-669 128
RES. 77-670 128
RES. 77-671 128-129
MOT. 77-672 129
RES. 77-673 129
MOT. 77-674 130-131
RES. 77-675 132
BRIEF DISCUSSION: PERSONAL APPEARANCE BY JOHN GILCHRIST
RE CONVENTION CENTER PROGRESS.
DIRECT CITY ATTORNEY TO RESPOND TO A PENSION PROBLEM
OF AN EMPLOYEE IN THE PUBLICITY DEPARTMENT.
RES. 77-676
MOT. 77-677
132
133
133
JUL 281977
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0
•
MItftiTES 0I' REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 28th day of July 1977 , the City Commission of Miami,
VIOrida met at its regular meeting place in the City Hall, 3500 Pan
American Drive, Miami, Florida in regular session.
The meeting was called to order at 8:25 O'Clock A.M. by Mayor
Maurice A. Ferre with the following members of the commission found to
be present;
ALSO PRESENT:
Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
ViceMayor 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 Bishop Sweeting.
A motion to waive the reading of the minutes was introduced and
seconded and was passed unanimously.
Reverend Gibson led the pledge of allegiance to the flag.
le CONDOLENCES IN THE DEATH OF ARCHBISHOP COLEMAN CARROLL TO
ARCHB I SHOP EDWARD ttCARTHY .
Rev. Gibson: Ladies and gentlemen I feel obligated to do thin. The Bishop
referred to His Excellency, the late Coleman Carroll. I think perhaps all
of us on this Commission would remember. I know Dr. Shepard would, --His
Excellency Coleman Carroll, a man who was in the forefront of helping to
effectuate and creating, and developing change in this community. Also,
I think perhaps more than anyone else, he was the first chairman of the
Community Relations Board, the Board which was charged with the responsibility
from the Metro Commission and of course the City Commission joined in it, in
seeing to it that this community go through this change peacefully and gracefully.
I can remember so well how, when the Latins begin to come to this community in
large numbers, how he fought for and instrumental in helping people of power and
influence to do that which was right and fair and just. And while he las left
this stage of action, and sure, we who are blest to have been the recipients
of his great wisdom and love, will not forget, the man, nor his works. I always
say to people that one need not ever die. I believe sincerely that Coleman Carroll
is not dead. Coleman Carroll has simply moved off the stage of action here. For
as we live, who have known him, and have been the recipients of his great talent
and love, he lives in us. And so, tomorrow when there will be the final service
to lay him to rest, I hope all of us will remember him in our prayers, and I
hope that we will remember the great work that he did for this community, that
has brought us thus far.
Again, I consider it to have been a real privilege and pleasure to have worked
with him and to have know him.
JUL 281977
•
•
Mayor Ferret Ladies and gentlemen I think that Father Gibson speaks for
all of us and his expression of condolence to the archdiocese, and I think
at this time I would like to recognize him for a motion that should be
appropriately worded and sent to him for review and final wordage, and
J.L. Plummer seconds the motion of condolence, the message to be sent
to Archbishop McCarthy on behalf of the City to the archdiocese.
The following motion was introduced by Commissioner Gibson who
moved its adoption:
MOTION NO. 77-612
A MOTION EXPRESSING THE CONDOLENCES AND SINCERE SORROW
OF THE CITY COMMISSION OF THE CITY OF MIAMI TO HIS EXCELLENCY
ARCHBISHOP EDWARD MC CARTHY ON THE RECENT AND UNTIMELY DEATH
OF HIS EXCELLENCY ARCHBISHOP COLEMAN CARROLL
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
OVERRULE ZOJNING BOARD'S DENIAL OF VARIANCE AND PERMIT LOCATION OF
A BAR AND PACKAGE STORE AT 6285 NA 7TH AVENUE' (CONDITIONAL USE)
Mayor Ferre: We will hear the proponents of the appeal, and then we will
hear the opponents, and the administration.
Mr. Harold Long: I am Harold Long Jr. appearing on behalf of Taurus Liquors
in that matter appealing the decision of the Zoning Board, denying a variance
for the purpose of establishing a package store, and lounge, at 6285 N.W. 7 Ave"
I think first that we should indicate to the commission exactly how this matter
got here. I think it is very important that the Commission understand this.
Mr. Mike Barkley and his family do business as Taurus Liquors presently, and
he has owned and operated his business within the community for at least one
year, where it is presently located. The business itself however, the package
store has been in the community well in excess of 10 years. Now, in September,
of 1976 the state of Florida opened a new entrance and exit to the expressway,
and this entrance and exit was located on N.W. 62nd Street, the result of which
has created a substantial hardship on Mr. Barkley's family business. One or -
two examples of this hardship would be the following. While operating over on
N.W. 62nd Street, Mr. Barkley's package store was doing very well to the extent
that he had employed approximately 5 employees to work there in the package
store..In mid September, as a result of the expressway entrance and exit off
of N.W. 62nd Street, 50% of Mr. Barkley's business was lost, resulting first
of all, in the immediate termination of two of his employees. All of the parking
meters were removed by the City between N.W. 5 and 6 Avenues, directly in front
of Mr. Barkley's package store. The impact on the delivery that his package store,
resulting from this, was devasting._ The closest delivery spaces were approx-
imately 125 ft. away from his package store.This is evidenced by a letter of
December 6, of 1976, from Mr. Eugene Simms who is director of the Department
of Traffic and Transportation. I will read you certain portions of that letter
to Mr. Barkley:'This letter will confirm conversations between representatives
of this department of yourself concerning the pavement marking on N.W. 62nd
Street, eastof 7th Avenue. During the week of December 13, 1976, pavement
marking on 62nd Street east of 7th Avenue will be marked to provide two lanes
in each direction with the left turn lane in the center. This precludes the
establishment of a loading area along the curb. The traffic flow from the inter-
change at 1-95, both utilizing N.W. 62nd Street and turning onto N.W. 7th
Avenue requires the full use of the roadway for traffic movement. In researching
future work to be done, it was found that a widening and beautification project
NNW
McMillan
MIMIC
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MEW
NEF
iEW
MOM
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MIME
Will soon be under construction. The plan calls for g five --lane ctoss.
section with no parking on either the north or south sides of N.W.62ns1 Street
At that time the lanes we are providing within the existing roadway, will be
enhanced by widening. This does not provide the curb service which you were
seeking. I have a copy of this letter for the Commissioners if you would be
desirous of looking at it.
Now, this left the delivery, the drivers who were delivering merchandise
to Mr. Barkley's premises, with quite a dilemma. The first alternative would
be to take ti chance and leave their vehicles in front of Mr. Barkley's store
while making the delivery. And of course in doing this, they were zapped with
obstruction of traffic ticket, which at that time were $25.00. With the new
rates now, we don't know how much really it is going to ultimately wind up
being.
The second altermat:ive was the drivers could park in an area approximately
125 ft. away and roll the merchandise to Mr. Barkley's business. This alter-
native was made unfeasible as a result of thefts which were taken from the
trucks while the deliveries were in fact being made. A letter of March 18,
from the executive secretary of beverage distributors in Miami, is indicative
of the parking problem. And I have a copy of that letter also. Quite briefly
it is to Taurus Liquors:'Dear sir, we have contaced our driver concerned in
difficulty of parking near your place of business. Our driver must park at
a nearby grocery store and roll the beer quite a distance to you. A change of
location would definitely be to our advantage.
Now Mr. Barkley and his i aa:i 1 y are suf i caring a loss of approximately a
thousand dollars a month as a result of this entrance to 1-95. He began
reporting in the red monthly with reference to his business. And we went
about the business of findin a relocation site which is a necessity. He was
assisted in his endeavor in :attempting to relocate, by the James E. Scott
Community Association. Their findings are best reported in a letter of March
18th, 1977 from Mr. James Love who is administrative assistant with
to the Zoning Bodre'.» 'To whom it may concern, Due to a financial drop that
could be contributed tc. the present location and inadequate facilities 'and
a possible expansion of tht Taurus Liquor Store, located at 659 N.W. 62nd
Street, a research was done to locate a site that would eliminate these in-
adequacies. In doing so, the site located at 6285 N.W. 7th Avenue was chosen.
Inasmuch as this is a black -owned business it is felt that relocating in the
black community would be a more logical and feasible one. It is felt that a
business of this type would enhance the black community and provide the com-
munity with an available and ready resource. Therefore I am requesting that you
give this proposal your utmost consideration. This is from Mr. James Love,
administrative assistant to James E. Scott. They came up as a result of thier
research with the precise site which we are here this morning on for the
location of Mr. Barkley's business. It was necessary for Mr. rarkley to seek
a variance and conditional use since this new location will place his business
within the procribed distance from a similar business or club, operating across
the street. Ultimately this matter came up on the agenda of the Zoning Board
on February 14 of this year. It was not lightly treated before the Zoning Board,
but thoroughly discussed and considered at that zoning board meeting of
February 14. The Zoning Board was concerned about the impact that this relocation
would have on any objecting lounge in the area. As a result of this concern
about this impact, the Zoning Board did not rule on the application for var-
iance at that meeting but deferred the application to allow a study to take
place to determine the actual impact Mr. Barkley business would have on the
objecting lounge in the area. In keeping with the desires of the Zoning Board,
such a survey was conducted by the executive secretary of the Martin Luther
King Boulevard Business association, an agency which is actually planning the
expansion and beautification projects in the area. The results of that survey
were reported in a communique of March 21, 1977, sent to Mr. Nathaniel Dean.
I also have a copy of that survey for the Commissioners, if you plan to look
at it, or if you desire to look at it.
I will read briefly from the conclusion. 'The Martin Luther King Boulevard
Business Association feels that there is a need to expand and attract new-
comers into the area. This venture will be consistent with our position.
JUL 281977
t4oreaver a prime developmental feature we envision for the area is establishing
it as a major regional entertainment center. There are already efforts under-
way to accomplish this goal. When one considers the unique commodities that
the area has that are marketable,entertainment leads the way. Also the survey
indicated that of the persons who were interviewed in the objecting lounge,
that very few of them, live in the area, and objecting lounge was considered
a regional lounge. It was determined, that people went to this lounge, not
because of its location, but because of its name, and they passed by numerous
lounges in order to get there. In short the survey showed there will be no
adverse affect what so ever on the lounge which is located within the pre-
scribed area. The clientele will be different and all that would happen is
it would revitalize the area and more business would be attracted into the
area as a result.
Now, the Zoning Board after considering all of the reports that it had at
its disposal, and after considerable deliberation, with reference to the
application for zoning, unanimously approved the variance in Mr.Barkley's
behalf, ---unanimously approved that variance. The owner of the objecting
lounge at that time, posted the required fee to appeal to this body, from
the granting of the variance by the Zoning Board. Prior to that appeal being
prosecuted before this body, the City of Miami Legal Department was apparently".
advised that a church was located within the building. Without making any
inquiry, as to either Mr. Barkley or the owners of the building, as to the
status of the church, or the period of time it was expected to remain in
the building, this matter was remanded to the Zoning Board in light of
evidence of the church being within close proximity to the proposed site,
to consider what they, the Zoning Board,- still grant the variance in
light of the church at the present. Now, Mr. Barkley at that time had taken
all steps necessary in terms of establishing a business. The J.B. Ford Company
located on N.W. 42nd Avenue conducted the survey with reference to the site,
the proposed site , for Mr. Barkley's business. In the survey, it shows under
No. 2. There are no churches within 300 ft. of their premises. This was relied
upon by Mr. Barkley and others before the Zoning Board. Upon finding that a
church did exist, this matter then again came before the zoning board the
Zoning Board then in its meeting of June 20 this year, denied the application
for variance, and the appeal ensued. It is extremely important that the Com-
mission understand recognizes at the time of the denial of the application
for variance by the Zoning Board, that the Board was laboring under the con-
ception, after having all of the other concerns satisfied, that the Church
would be there at the time of the commencement of Mr. Barkley's business. This
is not the case. I would indicate;to you at this time that a notice to vacate
WAS served on the church on July 12 of this year and the church will be moving
out of the building. They are presently holding over, with no lease agreement,
and in the process of relocating at this time. It is anticipated at by the end
of next week they will have fully relocated. But there was no evidence of the
relocation of the church before the Zoning Board at the time they denied the
application for variance. Also at the Zoning Commission meeting there was a
petition submitted with over 200 hundred signatures which is part of the
record of proceedings here, in support of the variance and numerious letters
were also submitted on behalf of Mr. Barkley. In addition to those two -hundred
signatures, that were presented previously, there are presently an additional
35 signatures that have been acquired that I am prepared to present at this
time, in support of establishment, ------
Mayor Ferre: Counselor, how much longer do you think you need to talk?
Mr. Harold Long: About 3 minutes. Now, the Commission has before it, an
application by a Miami family doing business as Taurus Liquors. This is not
going to be a situation in which there is any absentee landlord, someone living
far away and not concerned about the conditions of the premises,or the operation
of the business. An application is before this commission which if granted, as
setforth in the survey, would expand and attract new commerce to the area. An
application which if granted, would be squarely within the guidelines of the
Martin Luther King Development Association establishing the area asta major
regional entertainment center. An application which if granted would insure
and secure the livelihood of a small business, would live in the community
for a number of years and who had been put out of business as a result of
failing victim to the changing and expanding times, the ingress and egress
on I-95. An application which if granted would certainly prove to be a major
a
4
ttp in rejuvenating the area, an application which we tinge this Commission
tb grant.
Mt. Jesse McCreary: Mr. Mayor and members of the Commission, my name is
Jesse McCreary and I represent Hope School for the Retarded, and number of
resident -owners in the area, along with a number of Edison City businessmen.
I will try to be brief and concise.
Mayor Ferre: Jesse, excuse me. I Hope School, is it immediately adjacent
in that area?
Mr. McCreary: Hope School Thrift Shop.
Mayor Ferre: I see. Okay.
Mr. McCreary: Mr. Long read to you a letter from Mr.Eugene L. Sim, and I
am sure that what he left off was in advertent, and not intentional. The
closing lines of that letter state to Mr. Barkley, 'we can provide a loading
zone along 7th Avenue at 62nd Street, the location.' So it does not say that
there cannot be some kind of parking there, for his distributors to get to it.
I think Mr. Long just forgot that part. No. 2, there are four different items
here. Much has been said about an owner of a lounge in the area. That is not
the question. One, the Zoning Board denied for the following reasons. They
said that the City ordinance 6871 requires that a liquor establishment not
be put up within 2500 ft. of another establishment unless a variance is granted.
In the instant situation there are four liquor establishments within the area
where Mr.Barkley wants to move. One 217.4 ft. another 320 ft., another 547.5
ft. another 647.9 ft. all much less than the 2500 ft. requirement. No. 2, at the
time the application was made, it is true as Mr. Long points out, there was
no mention made of a church being in the area. According to that survey, and
I suppose they had every right to rely on it, but the church is very obvious,
and it is within 300 ft. of the place where they want to move from. It is
interesting to note at the last hearing, that at pages 37, 38 and 47, there
was some mention made that you don't have to worry about the church. They
won't be there anymore. The reason it was denied at the last hearing is not
related only to the church but because of the other factors. The Zoning Board
found that, One --the requirements had not been satisfied, Two -if we go back
to the hearings,to the transcript,at pages 45, and 48 of the last hearing,
the purpose was not to move an existing business to a new location, the purpose
was to establish a new business. And that is what one of the Zoning Board
members question about. If we look at the transcript of the first hearing,
Mr. Long recites to you that it was one of the owners of an adjacent place
who was concerned. When the citizens came here to speak at that hearing, one
of the members of the Zoning Board indicated, well, it is really the citizens
who don't want this new business of a lounge in the area. The present place
that is occupied has in it, in terms of square footage, 1440 square feet. The
new establishment which they seek to put up, has in it 3400 sq. ft. Now, when
you look at the plans that are in the file, they only intend to use 800 of
that 3400 sq. ft. for the package store. And they say in their own testimony,
that their purpose is to open a package store and a lounge. The question becomes
there has been no variance here. There is nothing in the transcript to show there
is a hardship. Tha Zoning Board specifically said that we find no hardship in
this situation. And that is the whole question, whether or not they have met
the requirements, whether or not the Zoning Board properly acted.And I believe
they did property act, because they found there were four other liquor establish-
ments and the Zoning Board felt that those establishments could satisfy the needs,
there would be no protesters, if they indicated to you today that they wanted to
removed their package store from one location to another. But as pointed out by
the members of the Zoning Board, that is not what you are seeking to do. You are
seeking to put up a brand new business in that location. And I submit to you,
that the Zoning Board acted properly. Thirdly, when we go back to the original
hearing, at page 20 of the original hearing, there is an indication here, that
they have satisfied the requirement which the city requires for parking. And
they say I think Mr. Davis has already indicated that the parking -facilities
are adequate and sufficient under the code, and all of the necessary rules
and regulations relative to parking have been complied with. There is nothing
complied with. In the file, there is contained an unexecuted month -to -month
lease, which purports to deal with Food Fair Stores, but that lease has never
been executed. I didn't take this as a new hearing this morning, but if the
Commission wants I have documentation from the Food Fair Stores, that they
3UL2b977
ma-
w -
Etc
have no intent of entering into an agreement for parking, he question is
if they moved, where would the 34 parking spaces come from? An examination
Of the area from photographs and maps indicate there is no place for it.
We get back to what is very basic. Zoning, the professional staff said there
are four establishment there. Two, is not a hardship they find. Three, --there
has been no compliance with the requirement for parking. Four, --they have not
requested a variance on parking. I am suggesting to you, if the transcripts
are read, it is not an issue of existing lounge vs. one that is proposed. And
the main issue that the Zoning Board said is, this is not a relocation of
an old business, it is a brand new business. I think that is the whole key.
It is not a question of who is opposing who. Replete with testimony from
citizens, who here this morning who say we don't want in the area, because
of what it brings. No one has objected, not one single soul, has objected
to the moving of the package store from that location to a new location.
The objection to it as shown by the Zoning Board was that you are now moving
a new business and the residents of the area, all of their testimony indicates
we don't object to the moving of the package store. We do object to the moving,
the bringing in of a lounge as a new business..If you check with your own
Zoning Board, you will find from them that they did not turn it down based
on anything other than the moving of a new business. And the reason that it f
got back to the Zoning Board, because the Zoning Board I believe felt that
it wanted to be correct when they said we recommend XYZ, and the fact that
the church was there. You have to get a variance for that church. I respect-
fully ask you to examine the reason why it was turned down. And I simply say
to you, that the Zoning Board said we do not find this to be a hardship, the
professional staff said that. Secondly, what we have here, is a brand new
business, and that is so clear in the record.
One last thing. The first hearing indicates, and I want the record to be
straight, and once again maybe this was inadvertent. They indicate at the
first hearing that Mr. Barkley had operated this store for a period of 13 years
which is found on page 12. I assume that corrected that this morning
when he said they had been in the area operating the business for year. So
I don't know which one they are relying on. They have operated that business
for 13 years, or he has operated for one year. I tend to think that the repre-
sentation this morning is the correct one.
f
Unidentified person: I have about 2 minutes for rebuttal. First of all,
W. McCreary would have you believe that the denial of the application
for a variance by the Zoning Board was based on more than the church being
there. However this position is inconsistent on its face. If that were the
case, why did the Zoning Board unanimously approve the variance request when
it heard everything but for the church being there. I think that is obvious
on its face. Secondly, Mr. McCreary refers to parks. I would submit that
the building, approximately 150 x 40 requires 27 parking places only. This
is from Building and Zoning. Mr. Barkley checked this out as recently as
this morning, that 27 parking places are in fact available directly behind
the building. There is in the file an unexecuted lease with Food Fair and
one would have to be other than reasonable to execute a lease with Food Fair
for parking before he obtains the necessary variance to establish his buisness.
These point I ask you to take into consideration. I have simply one person
to present at this time, to testify further as to this matter.
Mr. McCreary: He mentioned the unexecuted lease, and since Mr. Long took
the liberty to read into the record, the correspondence he has, let me read
from the Food Fair Corporation: "P.O. Box 47, 110 N.E. Branch, 7000 N.W. 32nd
Avenue, Miami, Florida, Mr. George DuBreiul, 100 N.W. 37th Avenue, Miami,
Florida, Re: Pantry Pride location, 298 Miami, Florida, Dear George, In fur-
erance of my telephone conversation with you on Monday July 11, I am enclosing
one copy of the courtesy notice issued by us to the City of Miami regarding
a proposal to have a bar and package store near our store, 298 on N.W. 68
Street, a short distance east of 7th Avenue. As I advised you, our company
is opposed to the establishment of an additional bar and package store in
the immediate area of our super market. It appears from reading this notice,
that there are presently four other bar and package stores all within 650 ft.
of this proposed new bar. Please use your best efforts and speak in our behalf
if necessary to indicate our opposition to this proposal, best personal regards,
Sincerely, Steve Kinsman, Regional Real Estate Manager.
6
JUL 2819774
•
•
Unidentified person: As I was saying prior to the reading of that lettetw
we have only one other person to present, someone whom we feel certainly
has the hands on the mood of the community, and what is neede3 in terms of
beautification and expansion. We will ask Mrs. Range to speak to the Come
mission.
Mayor Ferre: At this time I would like to recognize my former colleague
and I think always my colleague, and a person that all of us in this com-
munity highly respect, a person who has served not only the black community,
but the whole City of Miami with great dignity and great ability. We ate
always honored to have you here Mrs. Range.
Mrs. Athalie Range: Thank you very much Mr. Mayor, and Commissioners, and
Administrators. I would like to take just a moment to read into the record
a letter that I found it necessary to write and it is dated July 21, 1977,
'Honorable Mayor, Maurice Ferre, Mayor of the City of Miami, and Honorable
Commissioners, Mr. Mayor and Commissioners, greetings, I as president of the
62nd Street Community Development Corporation, and as president of the Martin
Luther King Boulevard Development Authority, have been contacted regarding a
business establishment, namely The Taurus Liquors, Inc. located in the 600
Block of N.W. 62nd Street. I voice no objections whatsoever, and this is in
the capacity of the presidents of these organizations which I have mentioned.
I voice no objection whatsoever in the relocation of this business. I wish to
state further that there is in this instance a hardship circumstance, in that
parking or stopping in that area is now prohibitied because of the egress of
the N/S expressway, and further that upon completion of the Boulevard, parking
or stopping will be permanently prohibited. Seventh Avenue and the area of
62nd Street will become a focal point of commercial and liberal zoning, and
consequently the natural place for the relocation of the business in question.
The owner, Mr. Barkley, to the best of my knowledge is an upright citizen and
an honorable businessman in our community. Respectfully, M. Athalie Range,
President.' I would simply add just this, that our interest over the years,
in that particular area, has been, either a serious attempt to bring back to
the area some life, some business, something that will continue to cause the
revenue that goes through the area, to remain more or less in the area. I noted
if I might in Counselor McCreary's remarks that he, from all indications objected
strenuously to a new business. But lady and gentlemen of the Commission, he
continued to say that the objection is a new business coming. But I tell you
lady and gentlemen, if you have the time just to walk up and down the 62nd
Street area, and the area of N.W. 7th Avenue, you would find that the area is
continually dying because of businesses going out of the area, and no businesses
coming in. Monies have been granted to several organizations in that area in
an attempt to revitalize the area. This is what it is all about, revitalization
of the area and so this is why we feel that the liquor store, a lounge, other
businesses should be allowed to come back, because unless they are,the 10.5
million dollars that Dade County, and the additional 2 to 3 million dollars
that the City of Miami will put there, to simply improve the streets, will do
only that. If we have no business, no attractions ou the streets and avenues
in that area, then the taxpayer's dollars are simply going to be wasted. I
for one would certainly not be willing that any portion of my tax dollar go
just to pave a street to be a raceway from one section of the City to the other
with the people and the businesses in that area dying like the last rose of
summer, because that is exactly what is happening out in that particular area
now. I think it would do you well to come and look at the efforts that are
being made up and down 62nd Street, now for reviatlization, the efforts that
are being made on N.W. 7th Avenue, and if we begin at this point to close
the doors on people who want to come into the area, whose money will remain
in the area which is extremely important to us, if you are going to close the
doors on these people now, then it would be just as well to allow 62nd Street
to remain 62 Street and never become Martin Luther King Boulevard, to allow
7th Avenue to continue to be just the old 7th Avenue and not care about whether
any businesses come back into the area, if we are going to begin closing the
doors now, then there is certainly no need to spend the taxpayer dollars for
asphalt on the street and nobody there to use it. Thank you very much.
Mayor Ferre: Thank you Mrs. Range.
Mrs, Alto Screen: My name is Alto Screen, I live at 743 N.W. 63rd Street,
approximately one-half block from the site they propose to put the bar and
lounge. We use the word hardshit.Twenty-two years ago the City of Miami put
a hardship on me..When they bought thylock for a park where I lived, I had
JUL 2 81977
to Tone and couldn't cross N.W. 62nd Street. I bought the house Where l
ive. Now Martin Luther King Boulevard and all the other Boulevards that
they have in mind, that is all right with me. When the Road Department wanted
to close 64th Street, our good people fought the issue. The traffic had to
come off in the Model City area. Now that establishment was there then. Now
they ask for it and gpt it.But if this business is allowed to locate where
it is seeking, what will it be within a half a block from me but a hardship?
I would like to say that all the people come here and talk, nobody lives in
that area, but me, my neighbor that is sitting there, and others that were
not able to come down here this morning to say anything for themselves. When
the day is over, everybody goes to their different homes and it is not in
that area. If there is another location that could be obtained, I live out there
and I know there is plenty of them. There's plenty vacant property if you just
want to establish a business, ---if you can buy an old building, maybe you could
build a new building. But that is neither here nor there. Commissioners, I live
there. I am within one-half block. I have my grandchildren to raise. First of
all, it is true, the area is dying, but who killed it? We killed it. You killed
because you kept breaking in and tearing down things. You wanted to run 'whitey'
out. Now you got 'whitey' out. You are going to bring 'blackie' in with something
indifferent. I do think it should be considered. I am not against nobody's
business, because I operate a little piece myself. But I am against a bar or
a lounge, or a package store, to bring in more traffic in the neighborhood that,
I have to be disturbed, half or two-thirds of the night. You woke up early in
the morning. There is no peace there. If the bar comes in there will be hardship
because I will have to leave the neighborhood. I am not able now. I am too old
to qualify for another mortgage, and I wish that before this is settled, that
you will carefully consider. The last business left there two months ago. That
was Firestone. The bell rang all night, every night, where they were breaking in
and what -not. Now we are caged in our homes like animals, because you are afraid
to stay there. Now, if another bar comes in, what with that bring into the
neighborhood? Everybody don't come to be in the crowd. They come to see what
they can find there, and I wish that you would please consider this and let
us live peaceful for the next few years. Seventh Avenue needs business but
they don't need another bar. Thank you.
Mayor Ferre: Are there any other statements to be made by the distinguished
attorneys representing the respective clients? So I request you make your
statement quickly, because we have other items we have to get on to.
Mr. James Grimberry: Honorable Mayor end.:Commissioners, my name is James
Grimberry. I don't live in the area. I live in N. Miami Beach, but I do
have a business in:the area. I am present owner of the Royal Castle that
sits there on the corner and I would hate to call Mr. Plummer as I have in
the past, through the years, to come and give me some assistance in trying
to ridsome of the problems of muggings and what -have -you, that go on in
the area. I grew up in this area,--30 some -odd years, so I know the area
quite well. Years ago it was a thriving business community. You had Grables
Bakery, Eagle Army and Navy, --you name it,it was in the area. They opened up
the King of Hearts Lounge, nightclub. Blacks took it over. The area started to
going to the dogs. They came in with the continental, the area started going
to the dogs. When they finally got that club out of business in that area, all
of the business establishments in the^area, was making an exit because of the
muggings, robbery, purse statching and what have you in the area. We do not
need that in that particular area. The area is trying to rebuild itself now.
Another lounge in the area is going to bring back in the whores, the pimps,
the dope pushers. We do not need that in that particular area. My business
is off about a thousand dollars a month also, because of the expressway exit.
There is no parking in the area. I was aware of that, long before I bought
that business, just like all of the other merchants in the area was aware of
it. That is one of the expenses of being in business if you want to operate
your business in that particular area. I have to absorb the losses, but it
is worth it have something in the area that the older people in the community
can stop by and have a bite to eat and shop. There is no other area in Miami
where the blacks can go in and shop. All of the food stores and what have,
they are out of the black area. Why? Because of stealing, purse snatching,
and what-have-you.There were all kind of stores on 62nd Street in years past,
that the older people could cross 62nd Street and go shop. They can't anymore.
We put them out of business. Food Fair on the corner of 6th Ave. and 62nd Street,
is the only decent place to go in that particular area to shop. And with the
lounge being established in that particular area, I can assure you, Food Fair
MMIER
lOill be out of business too because the older people will be afraid to
toted into the area, with the dope pushers, whores and pimps that it is
going to bring into the area. We definintely do not need it gentlemen.
¶thank you.
Mayor Ferre: I think we have had a lot of discussion here and it has been
very carefully presented. Unless you have something new, that hasn't been
said, we would like to move along. If you have something new that has not
been said, ---step up..
Mrs. Spiro Valdez: My name is Mrs. Spiro Valdez. I live 735 N.W. 63rd
Street. I am opposed to the liquor bar, lounge as the others have said
because at this particular time, through the 21 years that I have lived out
there, the neighborhood has changed so much. We can't live as peaceful
now as we used to live. And really, it is hard to get a good night's rest.
Right up until this morning, I was afraid I wasn't going to get here. I
hope you will give this careful consideration, and the best that God would
have you do. I thank you very much.
Mayor Ferre: Thank you very much for being here with us this morning.
Mrs. Gloria Perry: My name is Gloria Perry. I live in the Culmer neighborhood
which is a neighborhood far worse than any other neighborhood in Dade County,
including the Model. Cities area. I have heard speeches from other people
and what not about whether a new business should be established in that area.
I don't see it as a new business. I see it as an expansion of an old business
which must be relocated from the site it is at now. I am a young person, and
I go on week -ends to various bars, and nightclub and my personal opinion,
there is no nightclub in Miami, or lounge, that is fit for anybody to have
a nice time. I can understand the statement that one of the ladies said about
keeping late hours, and hoodlums and prostitutes and what -have -you. You are
going to have that wherever you go, but they have to have somebody to buy or
deal with. If this person wants to expand his business in the location that
has been stated, I agree it should be put there. Thank you.
Mayor Ferre: At this time I open this up for the 'Commission to ask any questions.
Mrs. Gordon; Would someone point on the map to the location of the current
business?
Mayor Ferre: Is it lot 11, or 11 and 10? Would that be left open? The existing
location would be closed, and you would transfer all the activities to lots
8 and 9. The third one in from the corner is where it is now. Any questions
from the Commission?
Mr. Plummer: Let me understand correctly. Someone here along the line, I
am picking up that it is an expansion. Are they proposing to move? At
presently there, is a package store? Only? Is that correct?
Unidentified person: Yes, sir.
Mr. Plummer: What they are proposing, if they go in to 8 and 9, is to put
in a package store and lounge, which they don't presently have, ---the lounge.
So is this taken up in different sections? Or is it just one?'
Mr. Whipple: No, Commissioner Pl.unnner, to the best of niy knowledge they
are licensed as a package store, ---allows them to operate a package store
and a lounge, if they so desire, and it is not divided.
Mr, Plummer: What you are saying if they have the available space, legally
they could open a lounge now.
W. Whipple: That is my belief, yes.
Mr, Plummer: The other question. Food Fair is down to the right on the
map. That is where they are presently utilizing parking or that is where
they propose to put parking if they move over.
Mr. Whipple: They will have to provide parking in order to get a certificate
1111 n o lc7 7
Of use and occupancy. It was suggested, proffered in the terms of an unsigned
agreement and a location sketch in the file, that they were trying to work out
a lease with the Food Fair people, for this parking.If it does not come through,
'then, they would have to find another location that meets the building depart-
meat requirement to provide the parking before they could get a certificate of
Mr. Plummer: ---within what distance?
Mr. Whipple:I believe it is 600 ft.
Mr. Plummer: 600?
Mr. Whipple: Yes, sir. This is a provision in the ordinance for existing
commercial buildings.
Mr. Plummer: I know where one of the bars is. On the west side of 7th
Avenue. Where are the others?
Mr. Whipple: If you will look at your fact sheet on the map, the other
locations are spotted on there.
Mr. Plummer: One of the 4 is the present?
Mr. Whipple: No, there are four others besides the existing.
Mr. Plummer: No, my fact sheet shows three. The fourth place is this
existing.
Mr. Whipple: Might I clarify one point with respect with increasing the
existing package store, there might be a problem in providing additional
area and meeting parking requirements and also the distance requirements
for expansion.
Mr. Plummer: That is their problem to get a certificate of occupancy. My
final question, Mr. Whipple give me your impression.This was formally approved
by the Zoning Board and then a rehearing occured and it was denied. Is that
correct? In your opinion, was the rehearing because of the church, and if so,
was there any other circunstances involved? /
Mr. Whipple. There are two things that have occured. 0ne, the oversight
with regard to the church, and one a growing concern of the community.
In other words, when it was originally granted by the Zoning Board, the
community was still upset, and was ready to appeal that decision to the
commission, when the information came about that the application did not
include the distance from the church. So it is a combination situation.
The community was upset. I would say the Zoning Board took a harder look
the second time around than perhaps they did the first time around.
Mr. Plummer: But the reason for the rehearing itself, was because of the
oversight of the church. My final question Mr. Whipple, --it has been read
into the record that the church in fact is going to be non-existent in its
location. Do we know that to be the case or not?
Mr. Whipple: I do not know Commissioner.
Rev. Gibson: lir. Mayor let me make some comments here, because I think
I ought to make them. I never duck issues and I am not going to duck this
one. I was all right until I heard, —or until I saw, that there is a rehearing
because the church is there. I don't want anybody telling me about that..I
don't want anybody to give that as an excuse, nor an answer, because the
average church, in the first place has no business there. They don't have
parking, nothing. When I built the parish hall, --a parish hall, not a church, --
the city made me provide parking, No. 1. No. 2, as you read the record I saw
something else. I know the law. You don't have to file your papers of incorporaticn
to be a church, but you are suppose to file them. When the church went into that
building , they were suppose to have no more than 9 people in that building
at any one time. I think the Zoning Board the Planning Department ought to
tell us all of this. So I read that. I know about churches. Let me give you
an example. On Douglas Road and Grand Avenue, you have four bars. Each corner
LW
JUL 281977
has a bat. One of my competitors, meaning the church, moved right tieit
door to one of the bars. Then about 100 ft. from there, the theater, --
you remember the theater in the Grove, they went right in there and put
another church. And all in the same block. I don't want you to use the
church as an excuse. The other thing that bothers me is, some of the
people who are complaining,(you all don't live out there,' live there),
a man said he had been there 30 years, I have been here 62 yers. Okay.
Twice as long. This is 7th Avenue, the man wants to go here, they live
over here. I raise the question, where is the noise. The only people you
could by and large, basically disturb,would be the expressway. The expressway
is in this direction. She is an exception, but the majority of those people
live that way, so the noise you would get would come from all those cars
on the expressway. I remember how we fought like hell to keep the State
Department from doing what it did on 62nd Street. I remember that. One of
the arguments they use, was Gibson you don't sleep out that way.Let me
tell you something else, my brethren, this city is changing daily. If you
are going to have change in this city, you are going to have to do some things,
and the way I used to live in 1950, I can't live in 1977.
I want to urge you keep your businesses. If you know what I know you will
keep them. Don't tell me I don't know the conditions. Don't tell me I don't
know what I am talking about. I remember when all those stores used to be out
there. They moved. Let me say one other thing and hush, because I am going to
offer a motion. I am glad all of you blacks are down here this morning. You
don't ususlly come, but I am glad. You heard what was said about the muggings
and prostitutes, dope peddlers, and all the breaking -in. I hope when you go
back home, knowing that kind of thing is used against you, that you are going
to change and have a new Life and become different. People are moving out.
Your testimony. No white man said this now. Black folks said this. Your testi-
mony is that businesses are moving out of the black area because of the muggings.
I remember when Royal Castle was in that building. I helped to make them integrate
Royal Castle. I know the area. I am an old, old, fellow. For God's sake, if
this meeting does nothing else for you, go back home and tell my brethren,
tell my people, the:: have to stop mugging, they have to stop robbing, they
have to stop dope peddlilg. Let me tell you what is interesting about the dope.
That dope doesn't belong to us. You know what I am talking about? I have been
through that. They used it against me four years ago. I know the story much
better than you think. Okay.
Mr. Mayor and members of the Commission, I want to recommend that you let
that man move that business. That is a motion sir.
Mayor Ferre: ls.there a second to the motion?
W. Plummer: Mr. Mayor, 1 am sitting here listening to all the testimony
and I find it somewhat new to find people in support of liquor lounge. Of
course, there is always people in opposition. Mr. Mayor my basic concern,
I would be opposed to a new place of business. If I had my choice I would
eliminate it. As I look at this map, it is not as I see, a new place. It
is merely moving it around the corner. We are not going to eliminate it.
That man can stay there right now, and I hear the testimony that if in fact,
his license does permit, he could put a lounge there. So there is no way
we that we can eliminate the situation. It is merely to let the man move it
around the corner on more of a commercial street, and I personally see mo
problem, so I will second the ;notion.
11
JUL 281977
MEEK
hO
The following resolution was introduced by Commissioner Gibson, U
ed its adoption:
RESOLUTION NO. 77-613
A RESOLUTION REVERSING THE ZONING BOARD'S DENIAL OF CON-
DITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE %VI-1,
SECTION 2 (57)(i), TO PERMIT ESTABLISHMENT OF A BAR ON LOTS
8 AND 9, BLOCK 5, FOREST PARK FIRST ADD (6-6) BEING 6285 N.W.
7TH AVENUE, AS PER FLOOR PLAN ON FILE, IN CONJUNCTION WITH
VARIANCE APPLICATION; ZONED C-4A (BOULEVARD COMMERCIAL)
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
OVERRUN ZONING BOARDS DENIAL OF VARIANCE AND PERMIT LOCATION OF
A BAR AND PACKAGE STORE AT 6285 N,W, 7TH AVENUE, (VARIANCE),
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 77-614
A RESOLUTION REVERSING THE ZONING BOARD'S DENIAL OF REQUEST
FOR VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XXVII, SECTION 1,
TO PERMIT ESTABLISHMENT OF A LIQUOR LICENSE FOR A BAR AND PACKAGE
STORE ON LOTS 8 AND 9, BLOCK 5, FOREST PARK FIRST ADD (6-6) BEING
6285 N.W. 7TH AVENUE, AS PER FLOOR PLAN ON FILE, BEING 217.4',
320', 547.5' AND 647.9' (2500 REQUIRED) FROM OTHER LICENSEES,
ALSO BEING 55' FROM A CHURCH (300' REQUIRED), IN CONJUNCTION WITH
CONDITIONAL USE APPLICATION, ZONED C-4A (BOULEVARD COMMERCIAL)
Caere follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
puommumiluill iiIUIi1 iiiiiiii■■■iIiiii■i im IUII iiuIIIiUIUIuII•IIIUUuIUIIIi■
APPEARANCE: DRI $EN SHEPPARD REQUESTING USE OF THE PAR
t N!CIPA.. JUSTICE WILDING FOR A YOUTH SERVICE
PROGRAM,
Mayor Verre: Dr. Sheppard, I'll recognize you at this time. Mr. Manager, We
are on item B in the Committee of the Whole because I think that will be
quicker than Item A and Dr. Sheppard has to leave.
Dr. Sheppard: I'm just going to take up about two minutes of your time. This
is a request for the use of the old Municipal Justice Building and turn it
over to the many social service agencies integrated with ourselves. I can
assure you, I run down the list here, on the one building on the one area,
the youth center will have an integrated training recreation and social service,
the State of Florida, HRS, intends to move in special intensive counselling,
probation and after care, protective supervision and child welfare, child
abuse treatment, youth rehabilitation team, retarded dependent children. The
Dade County Board of Public Instruction needed an opportunity center, a voca-
tional rehab, and they are thinking of moving the day care training from
Lindsey Hopkins site and use 9,000 square feet. The City of Miami would have
in the same area the Summer Team Employment, the Youth Program, the Citizens'
Response Center. The private non-profit agencies includes the
Miami Bridge for the run-aways using the Academy Building, the Youth Manpower,
the Parent Resource Center supported by Mental. Health Association in courts,
Enrnentro , the Latin Team Counselling, Switchboard is certain to come over
United Family and Children's Services,Youth Co-op. Now, working as long as I
have in this field I can tell you that gathering all these different agencies
which have some interlocking relations on the one head is of great benefit
because if you tell somebody you go down to another program related about two
blocks away, or four blocks away, the chances are they are going to get lost
in transit; but with all these agencies Dade County Board of Public Instruc-
tion, the Catholic charities has two programs they want to move immediately,
I'm asking you to turn this area into a Youth Center and give it one of the
first in the country. I believe, in talking to Mr. Grassie, that he mentioned
the figure of $226,000 a year?
Mr. Grassie: Close Doctor, without interest it would be $260,000 a year, for
10 years.
Dr. Sheppard: I heard 26.
Mr. Grassie: That's what I thought Doctor.
Dr. Sheppard: I believe we can come up with that if all these agencies come
in, we'll charge you rent for that Velodrome so it will break even. There is
a great need to integrate all these services in one area and all we need is
to go ahead so that I can say to the young man running the Miami Bridge to
stop looking, we are going into the academy and I can say to all the different
programs -here is your future home, there is a great need for ti.is, you can't
equate it with money. You talk about prevention, this is prevention.
Mayor Ferre: Dr. Sheppard, I don't think I need to in any way qualify my sup-
port of the bridge because I think I have done amply in the past, personally.
Dr. Sheppard: We know that, the Commission has been very good.
Mayor Ferre: And as you know, on a personal basis, that I have also supported
the bridge. Now, I think this can all be worked out and I think this should
be worked out and I'm totally in favor of it; I do think that the Manager has
a very valid point and that is that Metropolitan Dade County has offered us a
substantial sum of money payable over a 10 year period which I think is very
essential for this City who is very short on funds for many other important
programs and it is an asset of the citizens of Miami. Now, we've been criticized
severely in the past, and I think with real good justification. for turning over...
not only criticized but those that wanted us to turn over, for example, the
water and sewer board,never thanked us. We turned over to Metropolitan Dade
County what...a going concern worth $500 million, that was the Miami Water and
Sewer Board, which the taxpayers...you, the taxpayers of Miami, have been pay-
ing for over the years and never got a cent for it, and now when we go and try
to get things from Metro, they turn around and...they owe us money for the
13
JUL 281977
i
ports they awe us Looney for this,..and we can never get theft...they committed
to give us a piece of property for an auditorium Convention Center now they
want to renege on it...we've got all kinds of problems with these people that
have been building up over the years unfortunately. Mr. Grassie has done a
magnificent job in trying to smooth those waters and I think we are on our
way hopefully with one unfortunate exception. I think that he is going to
come up with something in which, in my cpinion, there will be room for the
bridge, for all the youth services in Metropolitan Dade County where these
things can go forward and be done and I think it is going to be a consortium
I think you are absolutely right, I think that's the way it should be approached
with the Catholic Welfare Bureau and the-Schoolboard and Metropolitan Dade
County, all together, and the City of Miami would pitch in and help to do some-
thing which is certainly worthwhile for this community.
Mrs. Gordon: Mr. Mayor, what you are saying is that we can go forward then
and that Metropolitan Dade County can become a participant in this consortium
to provide the kind of comprehensive services which are needed so desperatel,
in this community, is that correct?
Mayor Ferre: What I'm saying is we can forward provided we have a binding
contract for the payment of $260,000 per year, for a 10 year period, and the
other things that Mr. Grassie has already been negotiating with Metropolitan
Dade County and, yes, under those circumstances we certainly could go forward.
Mrs. Gordon: I had a conversation this week with Mr. Merritt Stierheim and
his indication was that there was a strong possibility of their interest in
this programming; however, there is enough interest from the School Board,
there is enough interest from the State and I believe that Dr. Barnes is here
as well as Dr. Sheppard to indicate that interest; there is money available
for these programs. We cannot equate everything really with dollars, honest-
ly, you know, I...looks like the Good Lord is bringing me a personal message
I have had my purse stolen in the last six weeks, my house was robbed yesterday,
my house was robbed last year. I think it is not only Liberty City, it's
not only the Culmer area, it's not only Downtown, it's right out here on South
Bayshore Drive, it's right here in Coconut Grove, it's everywhere. Ladies and
gentlemen, we cannot...Father Gibson, you said something so touching before
when you said that Archbishop Coleman Carroll had gone on but he is really
with us now. I believe that he really is, and I honestly believe that if he
could speak at that microphone.. seems he is speaking through your mouth,
Dr. Sheppard, he would say --move ahead, form your consortium, get your pro-
grams going, we'll get the money, we'll get the help.
Dr. Sheppard: We won't have any trouble getting it, the only trouble I fore-
see is who will be the assignee or whatever you call it, I've forgotten what
you call it, I'll take the honors.
Rev. Gibson: Mr. Mayor, I'm a culprit again, I would feel that if you could
get the rent, the least we could do is cooperate. And even if we fell short,
I think we ought to cooperate, we are saving some lives, and you know, a dollar
spent today it will be worth $10.00 next year if you save the lives of these
children. Now, I don't want to do anything about those $260,000 you are talk-
ing about. It would appear to me if they are paying rent or paying for the
building one place or another we could put that money together and get that
rent. Mr. Manager, so that we don't get in the middle and Dr. Sheppard doesn't
go away from here not knowing, tell me --Dr. Sheppard, let me make sure we
are together, I want to make sure the man and his program have the building
since they say they are going to get the rent...does that interfere with what
you are talking about?
Ms. Grassie: No, Sir, it does not. The previous direction of the City Com-
mission was that we find viable uses for the building. The only difficulty
that we've had with Dr. Sheppard's proposal so far is that there has been
a great deal of expressed interest but the organizations expressing interest
have not been in a position to make any firm commitment, it has only been a
verbal kind of an expression of interest and it has been impossible so far
to make that concrete enough so that you would actually know that they are
going to go forward. Much of the discussion has depended on the potential
availability of State or Federal funds, things which they have not been able
to really assure anybody about, much less themselves. So we had that dif-
ficulty. The other side of it has been that representatives of Dade County
have been quite positive about going forward with a program of their own.
1•
4
My iinptession of the discussion with the City Commission is that you would
Prefer that as a first option we work with Dr. Sheppard's consortium in terms
Of trying to establish a use for the building and we will certainly take that
direction. I would hope that after your recess, that is the first part of
September, that we would be able to report back to you on what kind of answers
we've had from the consortium.
Rev. Gibson: I buy that, but let's make sure that I'm buying this, that we
are not going to take any adverse step, any adverse step, to what he is
offering until all of us know.
Mayor Ferre: No way, it has to come up before the Commission.
Rev. Gibson: I know, but I just want to make sure and put that on the table.
Mayor Ferre: Well, I'd like to again reiterate and please understand, Dr.
Sheppard, you are a great humanitarian and I'm not saying this for any other
reason that...obviously, we all know that you are a man who represents a sense
of charity and mercy which all human beings should have and Rose Gordon, of
course, on this Commission has represented humanitarian concepts. Unfortunately,
we live in a very confused world and I think in a very confused country. The
government has now published that there are 26 million poor people in the
United States. New York City saw perhaps one of the most incredible riots
that mankind has ever seen and I just got interviewed the other day by the
New York Times and I said, you know, you can't really go out and blame the
people who were involved in that because that is the result of 100 years of
negligence and poverty and people living in conditions that are much worse
than in rural America. I'd much rather live in poverty in Alabama or Missi-
ssippi and be a black or a Puerto Rican and live in poverty in Puerto Rico
than to live in poverty in South Bronx and I've been through all those neighbor-
hoods in New York and it's just unbelievable that we, in the United States, being
the most powerful nation and spending the billions of dollars we have —including
men on the Moon —we spend 25% of our budget, 25% of the United States budget in
armament and yet we refuse to pick up the tab of 5 billion dollars a year which
is what it would cost for the Federal Government to take over the welfare which
the states and the local governments cannot afford. Now, ladies and gentlemen,
the City of Miami cannot unfortunately afford to maintain the government ser-
vices that we are supposed to maintain and at the same time become the welfare
agency for this community. Unfortunately, neither can the School Board, and
neither can Metro, neither can the State, it's a serious, serious problem.
The founding Fathers of this country gave the Federal Government the taxing
power, they are the ones who have the money and unfortunately, they are not
spending it in my opinion, the way that money should be spent to strengthen
this country and make it what it ought to be. Therefore, we can do what we
can here, but we have limitations. The City of Miami is going to be..we've
been talking as the newspapers reported that there may be three hundred people
that are going to be put out of work because we don't have the money to keep
them on our payroll, and these are going to be three hundred more people we are
going to have in our community..and it isn't three hundred people, it's three
thousand people that are affected because three hundred people are not working.
Children, older people, family, it isn't just one person,..and it isn't that we
are alone, Metropolitan Dade County even though it is not quite reported that
way for reasons that those that are doing it know well, doesn't quite get the
exposure, but they are in worse financial trouble than we are, the School Board
as you well know, you've gone through an unbelievable crisis now and with Dr.
Johnny Jones and the proposed budget and what have you. And the fact, Dr.
Sheppard, is that we in the City of Miami can no longer afford, even for tre-
mendously worthy causes, we just don't have the where we can go
around and give all of our goods away even though I know that that's what a
good Samaritan is supposed to do and we all should be Franciscans about it
but there is no way that the City of Miami, like the Church, can go out and
give its properties away without taking into consideration the impact that
it has on the other important...we have other social areas that are involved
that we have to render services for..Police, Fire Protection, and Day Care
Centers, and Senior Centers and the other areas that we are in the midst of
trying to help, including the bridge...so therefore, all I'm saying is, look,
we want to help, we want to give this item that you brought today priority,
I think that's the will of what has been expressed by this Commission, the
Manager I think is going to be so instructed, to come back with something that
makes sense, try to put together a consortium where the county can participate
and we can participate...we'll do our fair share, and the Catholic Welfare
-13
281977
1
0
th teau slid the Btidge and the School Boatel,rolet's see if 'We cafi put togethet
so mething that makes some -sense.
Mrs. Gordon: Mr. Mayor, Dr. Barnes would like to be heard, from the State, HRS.
Mayor Ferre: All right, I apologize for talking too long Rose, Dr. Barnes.
Dr. Barnes: Mayor Ferre, City council members, I would like to add my support
to Dr. Sheppard. I had quite a lengthy preparation presentation to give to you
this morning and now I see that it is unnecessary. However, I think that you
would be interested to know those things that HRS is interested in and willing
to do to help this consortium that we were talking about, Dr. Sheppard's interest,
and seeing what we could put down in cold hard facts to present to the council
at a later date. We have a responsibility in helping the rehabilitative ser-
vices, the both -adults and the youth; however, in this particular area we
have major need in the area of the youth. Seeing the Metropolitan Municipal
Justice building utilized as a youth service center with the various array
of services both from governmental and private agencies opens up a national
model which could be utilized for funding of grants and other means of sup-
port. In the investigations that I have done in the past three weeks, I have
found a number of agencies who are quite willing to come in. I do think that
we do need a governing body or a group of people to help set parameters so
that we can say this is what we will be doing we will not put these other
services in. We have a tremendous need in Dade County from HRS to serve those
individuals who are disruptive, delinquent, disturbed...who present a problem;
and I think that part of this problem has been not in approaching it in a
preventive manner. I would like to say that I would like to serve on this
committeeethat BPS will give its support and if you give the go ahead I'd like
to prepare a proposal to send to Tallahassee to have presented to Secretary
Page for some commitments to help with this project.
Mayor Ferre: That's wonderful news Dr. Barnes. You know, I'll tell you, as
you may know I served on the legislature and one of the horrible experiences
that I had was recognizing all the time how discriminated South Florida is
and how much though all the talk goes on, and with all due respect even to our
current Governor, how when election time in the beginnings comes around,
everybody wants South Florida's votes and support but when the time comes
to giving money, you know, for every dollar that we send up we get back $.30
or $.40, and it's nothing new and it continues today. Fortunately, the legis-
lature is changing...
Dr. Sheppard: Mr. Mayor, I'll put you on the committee that I'm forming
for a North Florida State and a South Florida State so that we can secede
from Tallahassee ...
Mayor Ferre: I accept and I'll be a soldier in that committee; I'll be
happy to work on that one.
Dr. Sheppard: The only thing that has held us back as Dr. Barnes said, is
that we were not sure we could get the building, now that you have given us
the green light then we will get together and form our committees and by the
time you come back in a month then we will have everything down in black and
white for you.
Mayor Ferre: All right, Rose Gordon moves and Father Gibson seconds that
the Manager be instructed to pursue this matter forthwith and come back with
a Report hopefully by September.
Mrs. Gordon: Very, very, very good, beautiful day for the City of Miami
and it's its birthday too, on its 8lst birthday we've grown up, faced the
issues squarely in the face.
Mayor Ferre: Dr. Sheppard let me ask you something, later on we are going to
have a proposal to put the Velodrome in that corner there, are you opposed to
that location?
Dr. Sheppard: If we can charge him rent...no.
Mayor Ferre: You can charge them rent, I'm sure.
Dr. Sheppard. No, we are not opposed to that, they won't tale up too molt
•
apace, it's just a parking -area.
Mayor Ferre: All right, thank you very touch. Call the roll please,
The following motion was introduced by Commissioner Gordon, Who totted its
adoption.
MOTION NO. 77-615
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INVESTIGATE
POSSIBLE USES OF THE MUNICIPAL JUSTICE BUILDING TO BE USED AS A
YOUTH CENTER INCLUDING FUNDING SOURCES AND THE POSSIBILITY OF PARTI-
CIPATION BY THE STATE OF FLORIDA AND DADE COUNTY AND TO SUBMIT A RE-
PORT TO THE CITY COMMISSION IN SEPTEMBER.
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.
5, MOTION AUTHORIZING CITY MANAGER TO NEGOTIATE WITH DIPLOMAT WORLD
ENTERPRISES FOR DEVELOPMENT of WATSONISLAND (SEE LATER REs,77-671),
Mayor Terre: Let's go into Item A, which is the discussion of the Diplomatic
World Enterprises, involving the development of Watson Island.
All right, Mr. Gilchrist.
Mr. Grassie:About a month ago Mr. Mayor, the City Commission awarded to
the Diplomat World Enterprises organization a first option to negotiate
with the city on possible development of Watson Island. We have been working
since then on that agreement. What you have before you today Mr. Mayor and
members of the City Commission is a resolution which if you choose to adopt
it, would in effect approve the basic terms of an agreement to agree. I want
to make the distinction in your mind between this agreement to agree and a
contract. Because this is not a contract, but what you would be approving is
the basic terms of this agreement which would then need to be made into a
contract by the City Attorney's office. What I would like to do today is to
ask the staff to briefly outline for you the terms of that agreement and then
I would like to if you would, open it up to questions so that we could answer
some specific questions from you as to how this agreement would work out. We
also have representatives of Diplomat World Enterprises here in the person
Mr. Ron Fine and they, I believe would be prepared to respond to some of your
questions.
Mayor Ferre: Mr. Gilchrist?
Mr. Gilchrist: Basically, if we could reflect on the original proposal
that was made by Diplomat World in April 1977, there were several parameters
which have been negotiated and changed in the following time from April 26th
when their original propoasl was made until this time.
The two diagrams 1 have before us will reflect on the impact of those
negotiated changes. Jay, could you also put the other chart before the
Commission too?
Mayor Ferre: Those of you that are interested in this item and would
see, there are plenty of seats over here, and if you sit up in these seats
here, you will have plenty of room to see, and that way we don't get into
these space constraint problems.
Mr, Gilchrist: First of all, as we went into some detail in recent weeks,
as to what the cost would be in the total sense for developing a facility
in the range of 35 million as instructed by the Commission, in the initial
motion, we have come to the conclusion that the total bond issue required
to build a 35 million dollar attraction, is in the range of 55 million dollars.
15i
JUL 28 1977
4r i
The Basic change from the 45 to 55, lies in the requirements by underwriters
Who ate debt service and working capital reserves, capitalized interest,
ireopening costs, general contingency funds, they amount to 9.1 on the chart
on your right, you will see. These have both the impact of benefiting the bond
issue by getting the best possible rate for the sale of bonds. It also has a
second major attribute that these funds are in a sense to protect the guarantee
that the City has committed itself to make. These funds would be there first
to be distributed in the case that the demand came upon them.
Additionally there have been some in discussion of potential design issues
etc. There have been some further thought as to the degree of landscaping
and potential of moving MacArthur Causeway etc. which brought it up to the
additional 10 million over the Commission's instructions of a 45 million dollar
bond issue. If I could go down that chart with you to make it clear, the major
attraction is referred to as the Park and International Bar area and is estimated
to be 34.4 million. The marina and marine facilities, Chalk's International
Airport, heliport, and Japanese Gardens, some of which are new, some of which
are relocated and upgraded,they come to 3.7 million in our estimation at this
time. The infrastructure is estimated at 6 million and that includes all
utilities and various site development that in essence supports the major
attraction. I have already reviewed the various reserves required for under-
writing and lastly there are financing, legal and other related costs, bring
the total to 55 million.
Now, I might go through all of this, and then ask for a discussion of each
of the items. In addition in our negotiations, we have in some ways reconstructed
the ways revenues are -distributed. That is, the portion that goes to the City
and the portion that goes to the Diplomat World Enterprises. The formula for that
is basically after the current obligations and the debt service and a reserve
for repair and replacement, have been taken off the top or revenues available,
the distribution is as follows: 2% to the City of Miami as funds are available,
22 to Diplomat World Enterprises as funds are available. Again an additional
2% to the City of Miami as funds are available, and followed by 2% to the
Diplomat World. This basically follows the initial proposal. In terms of
revenues that may be available after that distribution, the following formula
has been devised, that is, that the first 3% of available funds, is distributed
to the Diplomat World until the gross revenues have arrived at 20 million.
Thereafter, the following schedule is that until revenues arrive between 20
and 30 million, the percentage is 4, and between 40 and 50 the percentage is 5,
between 50 and 60, the percentage 6, between 60 and 70, percentage is 7, and
from there on the percentage is 8.
Additionally we have a range of varying incentives. The principle of these
are based on the standard in the industry which is a given percentage, or
gross that is given to the operating expenses. That percentage is estimated
to be 67. When the operation of the attraction exceed 67% in expenses, as the
expense percentage goes up one point, that is, if it goes to 68:, the Diplomat
World will receive one-half percent less on their final 32. And this proceeds to
71% at which time a maximum is set that the Diplomat World. could receive 2e less
off of their final 3% , 42, etc.
In addition, going the other route, that is, to the degree that the operation
of the park can be more efficient and the operating expenses brought down, --
for every 4% brought down, there is a half -point or half -percent increase
in Dimplomat World's distribution. That is on the 32, 42, etc.
All remaining funds after those distributions which we have discussed,
are then distributed to the City.
MR. Grassie: If we could summarize Mr. Mayor, the three principle things'
that we want to point out about the agreement are these: one, that the total
amount of the proposed bond issue is going up by 10 million dollars, and that
is principly caused by the necessity to establish reserves and contingency
funds of over 9 million dollars.
Mayor Ferre: Earl was asking me a question about. And I think he has a valid
point about the spiraling cost of these things. It isn't that we want to go
out and spend 55 million dollars. It is that we need to have 9 million dollar
reserve and this is the advice of our bonding experts who have looked at this
16
JUL 281977
ililli IIIMMIEINNE
•
Afdd projected it out to the life of the loan. 'What they have done, is
they said you need to have this as a safeguard and that really strengthens
the sale of the bonds.•rather than weakens it. It isn't that we are now going
to spend 55 million dollars.
Mt. Grassie: That is correct. Most of those funds are going to be in the
additional funds, the 10 million. Most of those funds are going to be in
reserves and contingency funds that are going to remain to secure the interest
of the bond holders.
Mayor Ferre: You have the chart there that shows that you have a debt service
and working capital reserves, capitalize interest, reopening costs, and general
contingency funds of 9.1 million dollars. Going back to old man Pritzker, maybe
I shouldn't call him that, because he is really younger than I am in many ways,
W. Pritzker used to say, when we were first dealing with him, that it was
very important that we have a strong contingency. I guess what that does, it
addresses that point, so the reserve insures that this thing is going to fly.
Mr. Grassie: That is correct. The other two things that we need to point
by way of summary, Mr. Mayor, first that you can see between the red lines
and blue lines how the proposed participation of the city has changed between
what you accepted in principle which is the red, and the what we have arrived
at finally by way of negotiated settlement. The blue graph shows the participation
of the City. The third thing is that in terms of the length of the agreement, it
is proposed to be a 30 year agreement with an automatic 10 year option to renew.
After that, there is a negotiated opportunty for DWE to renew for an additional
10 years. But that is a negotiated agreement. It is not an automatic agreement ---
a negotiated agreement for an additional 20 years with a reopener after 10 years
so the city can again address the question of an economic return to the City.
So there is a potential total 60 years but there is an automatic 40 years.
Mayor Ferre: But it is negotiated. In other words, I guess what the Manager is
saying is that 30 -ears from now, the City budget will be made mostly of income
from Watson Island. That was a facetious statement by the way, for those of you
who did not catch it.
Rev. Gibson: May I ask a question? I take it that the people who are proposing
this at least, you see eye to eye on chat you are telling us, so that later on
we are covered.
Mr. Grassie: It is our understanding that we have agreement between the
City's representatives and representatives of DWE on the terms that are in
front you in the agreement to agree.
REv. Gibson: I would like for them to stand up and say that.
Mr.Ronald Fine: I would like to say one additional comment, even though
there is an increase in the bond issue amount, the 55 million dollars, --
Mayor Ferre: Mr. Fine, we need your name for the record.
Mr. Ronald Fine: Ronald Fine, --even though there is an increase of the
bond issue from 45 to 55 million dollars, the city's guarantee remains
at 20 million dollars. It does not increase. So the guarantee has not
increased since the first proposal. The second thing I would like to say,
is the Diplomat World Enterprises would be pleased to serve the City and
its citizens in the development and operation of this park development and
operations of this park development under the terms and conditions that are
before you.
Mayor FErre: Any other questions.
Mrs. Gordon: I have a comment. I think the Manager and his staff have done
a pretty good negotiating job.
Mayor Ferre: Mr. Plummer do you have any questions? Anybody else?
I would to join Mrs. Gordon's comments. With all due respects to Mr. Ronny
Fine who I know is a good businessman and a good negotiator, I am frankly
amazed that the City came out as well as it did, even though I shouldn't
1/ `j
because 1 know that Joseph Grassie is certainly every bit as capable
as you ate. This is a tremendous improvement from what we had, that we voted
on previously. It is certainly a change. Mr. Mananger I don't know what you
did or how you did it, but congratulations. Ithink this certainly guarantees
the city's posture. I think the fact that you have gotten some of the quality
of people that:I have heard that are, going to be involved in this program
assures us two important things which I think are essential. One, we are not
going to have a honky-tonk, Coney Island roller -coaster, noise -making neon -lit
amusement park. We are going to have a well designed, —lot of vegetation,
Tivoli Gardens -type of family recreation center which community, and by this
community I don't limit it to Miami, I mean Miami Beach, desperately needs,
and all of Dade County, --I might for the record say that we have gotten some
very strong letters from the Chamber of Commerce in Miami Beach and other
interested parties saying how important this is for them.
The second thing I want to point out in that sense is, you know we are so
proud of our tourism in Miami and we do have about 12 million people to visit
us, it hasn't been going up too much recently, but the fact is, and I hate to
look at things negatively, but you know the State of Florida has over 30 million
people that come to visit it, which basically says, that for every 3 people
that come to Florida, 2 decide not to come to Miami, even though it is only to
3 or 4 hour driving distance away. Second point I want to make on that, is
we have over 1 million people that come here to take these boats out of the
beautiful City of Miami port, do you know that the vast majority of those people
don't even spend an evening in Miami? They come in, they get on that boat, and
just go right out. When they come back they go right to the airport, they take
a plane back to Philidelphia, or Cleveland or Birmingham, or wherever they live.
I think that is tragic. The third thing, in conjunction with that, we all know
how the hotel business is going down, and yes, we do need hotels. But we are
getting new hotels. We just inaugrated Omni which has 500 rooms. We have had
new hotels that have been built. I am sure there will be others, that are being
planned.
Sand and surf are not enough. The fact we have nice beaches, and we have
Crandon park which is over used as it is. It is just not sufficient to bring
people into this community. Disney World showed that to us. Busch Gardens
showed that to us. It is unbelieveable that this community, and by this com-
munity now, I mean Palm Beach to Miami, which has two and one-half million
people, is the only metropolitan area that size, in the whole of the United
States, that does not have a major tourist, family -oriented theme park. And
we are supposed to be the tourist mecca of the United States. Where have we
been for 20 years?It's inconceiveable to me, that this community has not per-
mitted something like this to go forward. I think is a great day as far as I
am concerned, and I am certainly willing to go forward, and I congratulate all
of the participants in bringing us to this great day.
Rev. Gibson: Mr. Mayor may I make one short comment? I like the fact that
we didn't come in here fighting this morning. We came in here like a family.
Nobody is mad with anybody and yet we got so much more than we had. I get
very upset around here, like you have a gun,and I have a gun, you doing a
think and I am doing a thing, -----I want to congratulate those people for coming
in here, and the staff, not fighting, fussing and cussing.
MR. Plummer: Mr.City Manager, so that we are not later used, on your
'gestimate' of a time -table, from this day which is significant, when do
we cut the ribbon for the first person to enter the park?
Mr. Grassie: Let me ask Mr. Fine to help with that because he is going
to be instrumental in keeping us on a time -table.
Mr. Plummer: He has the scissors.
Mayor Ferre: The memorandum says you are going to break ground In 11
months. Is that practical?
Mr. Fine; It is if we do not have any unusual delays and we have the
cooperation of the regulatory agencies that have control over different
aspects of this project.
Mayor Ferre; When after that would we open?
18
if c Wine: We anticipate a construction period of 18 months, ifndet a fat
ack system.
Mayor Ferre: So we are talking under normal circumstances,
to three years.
two and ones -half
Mr. Fine: Correct. We are hopeful, with extreme cooperation, of the
regulatore agencies, that we could reduce that period anywhere from 3 to
5 months. So it depends on what the regulatory agencies will do in expediting
this particular project.
Mayor Ferre: I certainly hope that works out. I might point out, because
I have seen some letters to the editors in both newspapers about the concern
to to Watson Island, about the Japanese Park. Let me repeat for about the
30th time, the Japanese Gardens will remain. We may move them somewhat. We
hope to improve it as a matter of fact. Chalk will remain. The boats will
remain. Not only will they remain, we certainly hope to increase the boating
activity on Watson Island. The helicopters, Mr. Grassie, will remain.
Now, the only one that isn't going to remain is your blimp, but please
be assured the Goodyear Blimp will remain in Miami. We are working that
out and will hopefully have the details fairly soon. They are not about
to leave this area. And we don't want them to leave. Is there a motion?
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 77-616
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH DIPLOMAT WORLD ENTERPRISES FOR
THE DEVELOPMENT OF WATSON ISLAND
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 Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
(See Resolution 77-671 adopted later in the meeting
6, DISCUSSION OF A LOCATION FOR MIAMI BRIDGE YOUTH
PROGRAM,
Mayor Ferre: Mr. Grassie, there is a problem with the Bridge. They
wait until September.
cannot
Mr. Grassie: I just talked a minute ago with Dr. Shepard about that sir.
Be and I agreed that we would try and get some resolution of the question
of the consortium within the next two weeks and we would review the situation
of the Bridge at that time. I just spoke with him.
Mayor Ferre: And he is satisfied, is he?
Mr. Grassie: That is what we agreed to just a few minutes ago.
Mrs. Gordon: Is there anyone here connected with the Bridge? Could I ask
him a question,Mr.Mayor? As I understand it, there is a problem with the
fire department with regard to your present location, and that you have been
there on an almost day-to-day basis. Is that correct?
Unidentified person: Yes, ma'am. WE have a day-to-day extension with the
hope that we move it as soon as possible, both from the fire department
and the minimum housing authority.
Mrs. Gordon: We could let them move into that separate building, it is
19
'Welly separate and apart from the main structure. And the consortium idea
dertainly could be forwarded and worked on. It will be. The money in the
funding will proceed, but the Bridge is in a critical state. God forbid a
fire took place in the next two weeks. A11 of us would not be able to live
with ourselves. We would say my God, why didn't we let them move in?
Mr. Grassie: The Bridge has been in the same critical state for 6 months.
Nine months?
Mayor Ferre: It is about due then.
Mr. Grassie: That is a sad fact of life.
Mayor Ferre: I think the point is speed is of the essence. Mr. Grassie,
could we permit them to move in or do you want to wait for the consortium
thing is done, or what? I don't see it will do any harm.
Mr. Grassie: My experience is Mr. Mayor is that we always create more
problems than we solve when we try and do things this way, off the top
of our heads, without knowing what the problems are.
Mayor Ferre: Is that acceptable to you, that we do on a logical planned
way rather than, ------
Unidentified person: Yes, sir. I am kind of anxious about what is happening
with our facility. AS long as I can look at timetable and sit down, within
two weeks we could work this out.
Mayor Ferre: I will be perfectly willing to call a special commission meeting
anytime in August as long as we have quorum here, if people are in town
and get this done.
Mrs. Gordon: I will be away from the 16th for the rest of August.
Mayor Ferre: He said two weeks, so that is before the 16th.
Mrs. Gordon: Okay, fine,
Mayor Ferre: If you need us, to move quickly, and I think you see the sense,
if this commission wants to move, ----
Mrs. Gordon: Could we move it now in that manner?
Mr. Grassie: Assuming that we have some kind of agreement with Dr. Shepard,
that I would judge would be acceptable to you, I don't see that you have to
have a special meeting.
Mayor Ferre: If we do, we will be here and be available to do it.
Mrs. Gordon: If you need us to act now, permitting you to proceed to put
them in, we could move that kind of motion.
Grassie: That is not necessary.
RECESS: After a 5 minute recess the Commission reconvened with all
members of the Commission present.
LITTLE HAVANA COMITY MITER - ACCEPT PROPOSAL FOR DF,MOLITON
OF BUILDING "C"., ETC.
3Sr. Grassie: Mr. Mayor and members of the City Commission, I would like
to ask Joe Parades to introduces the subject of the alternatives that are
available to the City as we contemplate the redevelopment or reconstruction
of the office building to serve social service needs in the Little Havana
area.
Mr. Joseph Parades: Mr. Mayor after reviewing the alternatives that we
that we had, we went to the Little Havana Community Development flask
force and presented them with the alternatives of either renovating
the existing C building or building a new building for the same amount
of money, for the same cost. At that time both the architectural and
engineering staff of the City felt it would be more advantageous to build
a new building. At that time the full alternatives were discussed with the
group and out of that meeting a resolution was passed in which they chose
the alternative for developing the new site, the new building. Mr. La Casa
is here and if he wishes to express some of the opinions that the task force
had.
Dr. Armando La Casa: Mr. Mayor and members of the Commission, the day
before yesterday, we had a meeting in the Little Havana Community Center
at which City Mananger Mr. Grassie, as well as members of his staff,
presented the different options to our community. We•concur with the
recommendation made by the City. It was voted and approved unanimously
to go along with the recommendation of building a new building for the
purpose of housing the social services now being housed at the Building C.
Then, once this building completed, we will seek to substitute Building C
for the housing units that, with the help of the revenue bonds of the
City of Miami, and the cooperation of the Department of HUD, are going to
be built in the Community Center. So we fully endorse that proposition by
the City of MIami. I would like to take the opportunity on behalf of the
Little Havana Area to thank and express our appreciation to the City Mananger
Mr. Grassie, due to the fact that he was instrumental in helping negotiating
with Mr. from HUD to expedite construction of the construction of the
most needed 75 units for the Little Havana Community Center, at a meeting
of the office of Mr. Grassie, and it was due to his efforts that we able to
have . We also want to express our recognition to Mr. Parkins.
Mayor Ferre: Thank you Mr.La Casa.
Mrs. Gordon: Mr. Mayor, Mr. La Casa said that I would like a clarification.
What did you n;cln by a substitute later on. What do you mean?
Dr. La Casa: What the option includes is the following plan. WE have at
the present time 3 buildings, A,B & C. Okay. Building C now houses the
social agencies working there. A new building is going to be built for
the purpose of housing these social agencies .
Mrs. Gordon: On another part of the site.
Dr. La Casa:On the west side of the property.The building is scheduled for
completion in one year. Time is of the essence, because of what I am going
to explain now. As soon as this building is completed, the social agencies
being housed in building C are going to be transferred to the new building,
then building C will be demolished. That will be the site fot the housing units.
Mrs. Gordon: Very good.
Dr. La Casa: The schedule made by HUD, and the schedule of the City for
the new office building coincide, as long as the City is able to complete
the new office building on schedule. That will mean that the housing project
will also be completed on time.
Mrs. Gordon: The housing project can't start for almost a year?
Mayor Ferre: That is correct.
Dr. La Casa: The housing project cannot, but this does not have anything to
do with the problem of the building. The main problem here is the question
of the dates and the question of the drawings. The contractors are choosing
and the drawings are ready, and the ground is ready to be broken. That is 6
months right there. Then the problem of the bonds I understand will take the
rest of the time.
Mayor Ferre:So it won't be lost time, is what he is saying.
Mrs. Gordon: I understand the time. I have one more concern. How do we provide
a suitable, safe, community center building in that area? Is it possible that
21
i3 datl inCotpoate it into the new housing development, such as many housing
deVe1optnents have an auditorium attached to, and a part of, the housing developmett.
Mayor Ferre: You will have open space,on the ground floor.
Mrs. Gordon: Yes, either on the ground floor or as an attachment to that Con-
struction.
Dr. La Casa: For the auditorium?
Mrs. Gordon: Yes, to put a new auditorium.
Dr. La Casa: Building A, which is the church will be kept.
Mrs. Gordon: In its present condition it is inadequate.
Mayor Ferre: Not so. Let me express again my opinion. As you know we purchased
that property for 1.4 million. If you will go back to the records, you will re-
member that I stated that the land alone was worth what we were paying for the
whole thing. I understand that our appraisals are not quite that high, that the
land is worth about 1 million dollars, somewhat over. It was my opinion and Mr.
La Casa's opinion, and the community's opinion and the Manager's opinion, that it
would be quicker and less expensive to save building C. I have never had any doubts
about build A. Building A is the main reason why we bought that property because
it is a church, sanctuary, that housed 1250 people, but which under our codes can-
not presently house any more than 800 people. But it can certainly house 800 people
which is more than sufficient for the needs of the community at the present time.
For us to be able to go up to 12 or 1500, we would have to spend severl hundred
thousand dollars or more we don't have at the present time. To duplicate the church,
or the sanctuary, or to build an auditorium or a theater or whatever you want to
call it, will cost substantially more..When you are talking about theaters, you
are talking about several million dollars to duplicate that building today. There
is now way we are going to tear it down , the church building, the sactruary. I
think it is to the credit of the Manager and certainly to the credit of you Mr.
La Casa, because I know there was a lot of emotionalism in this, where you carefully
weight out the logic and after looking into the figures, concluded that because of
the housing aspects of this, which was the key, that the best way, the most logical, f
non -emotional way to proceed, not based on emotions, or anything else, but simple
plain common sense and logic. The best thing to do was to put the housing where
building C presently exists. The best way to have all world accomodated is, to
start with a new community building at a separate location, that way the transition
would be very smooth, knock down the exist building C which is the community building,
and put up the housing on that location. I really think that you have done a magnificent
job. You thought it over very carefully, you have done a good job of convincing the
community of the common sense of that approach, so to you Mr.Manager, and staff, and
the community, my congratulations. I think it is a happy conclusion. It is as far as
we can go, because what we have, as you know, is a money problem. We are limited to
the nine -hundred -thousand dollars as I recall, and with that we will be able to
solve an awful lot of problems by going this way. So congratulations to you.
Mrs. Gordon: Are we going to take it in portions? I would like you to know I support
the new concept with the exception of the retention of,(for the long term), --I am not
tomorrow you go tear that building down. But I would hate to see you put a million
dollars in it. I would rather see that million if that it is what it is going to
cost, to make a theatre, spent on a new structure, as part of the housing development.
We don't need to duplicate the church. It is not a church anymore Mr. Mayor. It is
a community center. And a lot of wasted space exists in that building that isn'.t needed,
and wouldn't have to be duplicated.
Mayor Ferre: Rose,we all have our opinion.
Mrs. Gordon: Let me finish, Mayor. I like to listen to you, and I really do enjoy
same of your comments. Particularly the one you had to say about Watson Island.
Maybe this isn't as enjoyable to you but I do want to express it for the record.
If you remember, I was an advocate for the removal of building C, months and months
ago. I am delighted and pleased that the community has agreed that this is the proper
approach for giving the community the kind of facility it deserves. I certainly hope
that a future period of time, money will become available and the city will be able
to make some provision in the new housing project for an adequate theater, or aud-
22
_torithn, of whatever you dish to call it, that will serve the heeds of that
cothftunity. I move you we accept the proposal for the demolition of Building C
and, do you want this incorporated with the housing issue, or not?
Mayor Ferre: I think we can do it any way you want.
Mrs. Gordon: And that we proceed to fully develop, together with HUD, the housing
for that site. And I so move.
Mayor Ferre: Does that include the rebuilding?
Mrs. Gordon:That included the rebuilding of a community building for offices for
the services provided that neighborhood.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
and
AYES:
NOES: None.
Mayor Ferre:
opinion and
opinion but
auditorium,
and improved
MOTION NO. 77-617
A MOTION ACCEPTING THE RECOM"1ENDATION OF THE CITY'S ADMINISTRATION
TO PROCEED WITH THE DEMOLITION OF BUILDING "C" IN THE LITTLE HAVANA
COMMUNITY CENTER AND TO PROCEED TO DEVELOP WITH HUD THE HOUSING ASPECTS
ON THIS SITE INCLUDING THE REBUILDING OF A COMMUNITY SERVICE OFFICE
Upon being seconded by Commissioner Reboso, the motion was passed
adopted by the following vote:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
Mr. La Casa, before you leave, for the record, I would like your
the community you represent, and I want you not only to give us your
the community's opinion as to whether or not you feel the theater, the
is adequate at this time, and whether you think that it should be kept
with time.
Dr. La Casa: Mr. Mayor, you might remember, when we endorsed the acquisition of the
community center, the main factor was the existence of the auditorium. We were quite
frankly, in love with the auditorium.
Mrs. Gordon: --a few days ago, or this recent conference?
Dr. La Casa: --since the very beginning.
Mayor Ferre: Do you feel differently now?
Dr. La Casa: No, absolutely not. Actually, what we understand, is the main problem
with the auditorium has been the fire code regulation. If we could find a way to
accomodate the realities of the auditorium, to the fire code regulations, we will
have a perfect solution because we have a very acceptable facility as far as the
we are concerned. The auditorium has the capacity to house the people. The auditorium
is extremely well built and quite frankly, it is beautiful. I doubt very much that
now adays we can reproduce this kind of workmanship that exists in that auditorium.
If only the fire code regulations could be met so we can have full use of the aud-
itorium, I feel quite frankly the community will be very well served.by the present
auditorium and the way it is. We are extremely happy about it.
Mrs. Gordon: I don't think we are asked to make a decision on that today.
Mayor Ferre: I just wanted to get it on the record, since we are getting things
on record.
Mrs. Gordon: I know. As time goes on, and different considerations come up, and
other factors become known. Generally speaking people arrive at either the same
or different conclusion. I am willing to wait, just as this conclusion now has
my opinion has been arrived at in a very satisfactory manner, I an willing to wait.
Mayor 'ette: Mt, Mainagei for the
into the record, would you state
whichever way you want to do it,
about building A.
6
record, sitide tie are putting these things
your opinion, or Mr, Vosmoet, if you wi .i,
as to, after studying this thing, your thoughts
Mr. Grassie: Building A, the original church sanctuary, Mr.Mayot has been under some
considerable study for the last two months by members of my staff working with
members of the community, to see first what the community would like to do by way
of immediate improvements and then to cost those things out in conjunction with the
requirements of the fire department.It is a little premature to give you costs on
that, but I think that within a very reasonable budget, we are not talking about any-
thing like _a million dollars. Not even approaching. Within a very reasonable budget
and within a reasonable period of time we will be able to bring to you some solutions
which we will not bring until the community has seen them, some solutions which I think
will make that auditorium meet all of the requirements of the community.
Mayor Ferre: To build an auditorium of that quality, which it is a high -quality
auditorium, today, costs from 20 to 25 thousand dollars per seat. According to
Mr. Morris Lapidus and other prominent architects who are well experienced in that
field, and the replacement value of something like that in my opinion is well in
excess of 2 million dollars. And I don't think that what you need to do to make it
meet the fire code is going to be anywhere near a million dollars.
Anything else on this item?
H, ACCEPT RECOMMENDATION OF PLANNING DEPARTMENT FOR PROPOSED
LOCATION OF VELODROME.
E
Mr. Grassie: Mr. Fosmoen will present the recommendations in regard to the Velodrome
Mr. Mayor.
Mr. Fosmoen: Mr. Mayor and members of the Commission, a couple of months ago
a commission asked us to look at some alternative sites for the Velodrome. You
have before you in you agenda package our consideration of some 8 or 10 different
sites. There are two which appear to be feasible for Velodrome contruction. One,
is next to the municipal justice building, the second is Bicentennial Park. A third
alternative is at Tropical Park, and we have started to explore that with Bill Byrd
of the Dade County Parks and Recreation Department. But they are not in a position
at this point to respond and of course we have for some time been talking about
this facility within the City of Miami, and Tropical Park is not within the City.
You asked that we prepare a background paper with our recommendation and that
this be subjected to a public hearing. We would suggest a hearing in September
for the community to give input into these recommendations.
Mayor Ferre: I think this commission has been, ------what we have wanted to do,
is to see the Velodrome under construction. I really think I speak for everybody
in support of the concept that the Velodrome is something we have been talking about
now for years. We budgeted for it, we have wanted to get going. We have been stopped
on several occasions. If Miami wants to become a real metropolitan area, and be repre-
sentative of a sophisticated type of community that has these type of amenities, --
if we indeed want international races, and the recognition that comes all over the
world. The Dolphins are very important to us. We get tremendous publicity all over
the county every time there is a Dolphin game that comes out of the Orange Bowl.
I guarantee you that what happens to the Dolphins doesn't even hit the newspapers
in Bogota, of Caracas, Venequela or Mexico City of London, or Paris, where we have
direct flights from. Bowever, an international bicycle race would be front-page
in the sports section of all these countries, because I am sure they would have
competitors here. I don't know of too many Venezuelan or Columbian football players,
but I know of a tremendous amount of international bicycle racers. We are talking
about putting up an Orange Bowl improvement which would cost 15 million dollars, plus.
We are talking about a scoreboard that is going to be 2 million dollars. We are
talking about all these different things. Now, Velodrome as I recall costs about
250 thousand dollars. It would be one of 11 velodromes that would be geared for
competitive sports, bicycle racing, in the United States. As a consequence of that
we really would probably end up getting a tremendous amount of publicity plus en-
couraging young people in our community to take up a sport which has world recog-
nition. I think the whole community is way behind in sponsoring bicycling. The
aspect of bicycling is not limited just to bicycle paths and etc. We need to go
24
•
•
into the whole bicycling spirit so that young people will be enthused. tot exabple,
and this is the last thing I am going to say on this, but I have three sons going
to summer school, Of course, the first thing they wanted, was, well Dad which car
are we going tc use? I said the car you are going to use is the bicycle. So they
bicycle to their school every day and they are very heppv. The other day I said
I will let you use the car if i1 is really a hardship. He said nc). They are going
to Ransom. They hese races now. One kid makes it to Hanson in 7 minutes from my
house- Aithr t in 10 minutes, anJ one a little bit lazier, he says
he would rather leave earlier, and he takes 15 minutes. But the point I am trying
to make to you gs that, I think need to get our young people thinking that they
are not going to have automobiles with 500 hp. motors for long,and that perhaps
we ought to be thinking of bicycling . And what Jack Luft has done for this com-
munity is i-elc,ng and Pay tilkin and so many others, to have that Coconut Grove
grand tour. It is all part of the whole scene. This is long overdue and we really
should get going with it. We keep putting it off, and I think it is time to go.
I'll tell you, sour first recomendation as I understand it that we put it at the
Municipal Juice i5uilding. Is thst correct?
Mr.1.-ostsuLn: Yes. And second at Bicentennial Park.
Mrs. Gordon: 1 have a question or two. The center area of the Velodrome court.
Could that be utilized for anv dual purpose? Such as What? Baseball, pc ssibly.
Mayor Ferrc : Tennis courts, or handball criurts, anything like that? Too small for
baseball.
Mr. Jack Isft It would take all exceedingly large tract to accomodate
a basebaI f ie1d or football field. Illey do use them for tennis, they use .hem
for arthr:ry, they use theta for dog shows, they use them for music concerts--.
t.s that sse a large grassed area, but: wouldn't be large enough for tasebtill.
There arta number of uses.
Mlyor Jerre: Let it ask you a question following that thought of thinking. 14oe1d
the sides uf the bcr.n..r. he grass? It wouldn't be asphalt or something like that.
You put trees and ell that kind of stuff.
Mr. Fos-luen: It would be an asphal t tract.
Mis-r ferre: Could you have concerts inside of that?
. .7ac:k Luft : .They do that yes. They do that in Northbrc)01(
Ihra.,:hington, -Seattic.
Gordon: The people could sit on the sloped areas?
Yr. 1,11ft: . They sit on the 51,Jped area. There is lift to the top of
../elodromf..,, a flat area, that they sit along the sides.
Mrs. Gordon: When I got this report, I said oh my God, no, not there. But now,.
1 am gs:tting to think there is a coordinated idea here with the Youth Center,
that pertiaps the sport might become a very facinating one for some of these kids.
I ae not ss iippssed to this location as I was yesterday.
Mr. Luft: 1 think it is fair to bay , the ultimate user group of this, would be
larg,cly targeted toward Jr. High, High School, and college age young people. These
have traditionally been the greatest users of it.
Yrs- Gordon: The whole idea in this comprehensive approach is to bring in skills
training, ---this is a skill.
ISsyor Ferre: Rose if we could get all those kids with bicycle,-----
e . Gordon: 1 could go along
011
this now-
Yr Flummer: T go along with part of it, but at this stage of the game T 4P1
n any way, in favor of alternate 112.
Msvor Ferre: 1;b4cb Is alternate #2?
. Plummet: Bicentennial Park
•
•
14ey6t Pette: No, we are not talking about that.
Mr. Plummer: That's what I heard.
Mr. Plummer:That's what I heard.
Mrs. Gordon; I am talking about the Youth Ceitet locatiof. The Civic Cettet
location. I could go along with it. I'll move it.
Mr. Plummer: Read the motion.
Ferre:
MayorThe motion is that we proceed to direct velodrome on the weste-tt
side of theparking ylot of the Municipal Justice Building.
Mr. Plummer: Without a public hearing?
Mayor Ferre:--as recommended by Mr. Fosmoen.
Mrs. Gordon: You could call a public hear on it.
Mayor Ferre: I'll tell you what, I give you my
word we will call a iblie hearing
if I hear a public outcry. Otherwise, you proceed. Okay?
Mr. Plummer: All right with me.
Mrs. Gordon: Is that the west side or north side Mr. Mayor? A clarification of
the motion, the north side.
Mayor Terre: As recommended by Fosmoen, which I guess is the north side.
Mrs. Gordon: How much land is it going to take Mr. Fosmoen.
Mr. Fosmoen: Two acres.
Mrs. Gordon: Will that use up all the open space around the building?
Mr. Fosmoen: It is mostly parking now Commissioner.
Mrs. Gordon: In the redeveloped concept, it would have other than parking
I would have to assume. The building
would be utilizing the outside.
hope the sloped area you would landscape lushly
sooyor would: like a green area. d the inside, that you would provide, --------
it would a g
Mts. Gordon; Could you come up with a plan Mr. Mayor for the other uses that this
could be put to.
point is, we made, that we tested the side to see whether
Mr. Fosmoen: I think the p planning
it would take the velodrome. Now we have to go into some detailed
on it.
Mayor Ferre: Bring
it back, if any problems come up.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 77-618
AGER
A MOTION CONSTRUCTION THE VELODROME ON THEWESTERLYG AND DIRECTING THE CITY TOSID�OIDEED
WITH
MUNICIPAL JUSTICE BUILDING AS RECOMMENDED BY THE PLANNING DEPARTMENT
Upon being seconded by Mr. Reboso, the motion was passed and adopted by a
unanimous vote of the Commission.
JUL 281977
kaooki cc. CITY OF MIAMI MAJOR HOUSING ISSUES,
Mr, Crassie: This item Mr. Mayor is designed to help with a dialogue between
the City Commission and the staff and to provide an opportunity fot the City
Commission to give direction to the work the City Staff is doing on housing
questions. Mr. Fosmoen will introduce the question of the issue papers to you
now.
Mr. Fosmoen: Mr. Mayor and members of the Commission, we are really going to
start talking with you today about Fourth Year Community Development funding.
That may seem a little premature. I think the Commission recognizes that we are
in September entering into our fourth year planning cycle. We will be starting
to work with various neighborhood groups in developing fourth year funding stratigies.
In fact we only have about three months within which to prepare for fourth year
community development funds,given the time constraints of application. submission
and how much time the federal government takes to review. One of the things that
has become apparent in the last year or so, is that the City is going to be getting
into area that they traditionally have not been looking at in terms of neighborhood
preservation, housing hehabilitation. The Department of Housing and Urban Development,
in Dade County has traditionally had the responsibilty for conducting urban renewal
neighborhood preservation efforts. If we look at this chart which begins to lay out
the projected funding levels for community development, you can see that the county
portion is declining very quickly, while the city portion for community development
is increasing very quickly. The point is, and I hope we all understand that the
traditional funding source for Little HUD has been federal dollars. We can say that
perhaps Llt.tle HUD should continue to do what they have been doing, but in fact their
funding source is now coming to the City. It is no longer going to Dade County in
the kind c,f proportion that it was.
Mayor Fevre: Before you turn the page, I want to reiterate very strongly because
I have statement to make and some bad news for all of you about something that
has happened. I want to notice that in 1975 the City of Miami got very, very little
in community development funds. And I want you to know that Metropolitan Dade Ceainty
got a great deal. Metropolitan Dade County in those days is very quite. They thciught
that was okay, but row as this thing moves up, and we are a more just proportion
and getting less, theta are some developments that we are in the midst of which
to •hut it mildly are shocking. If this were a nation, and there were a United
Nnt_ions, I. think we would be getting in a war -like posture, I will let you know
in a little while what is going on with regards to the good old City of Miami,
and our friends at Metro who are always trying to help us.
)lr. Fosmoen: The next point I want to make, is how the City of Miami has been
spending its community development dollars over the last three years. You can see
that most of our dollars,(this is a cumulative total) these are the eligible activities
for community development. Nearly all of our dollars have gone into parks and recreation,
street improvements and land acquisition for new housing construction. The Comprehensive
Plan which this commission recently adopted, was quite specific in saying that one of
the areas that this city needs to address is housing preservation, neighborhood_ -reha-
bilitation. The City of Miami has put no dollars into low interest loans and grants
for neighborhood preservation. We have put no dollars into code enforcement, but rather
we have been dealing with a public side of neighborhood improvement. We have not been
dealing with the housing stock. Now, that is not a role that we have traditionally
dealt. with. It has been Little HUD's responsibility to deal with that.
Maya: Ferre: Let's really emphasize that, that it is not the responsibility of the
City of Miami to do that since we have turned over housing to Metropolitan Dade County.
Mr. Fosmoen: But, Mr. Mayor, the point is, that Little HUD's funding has historica:tly
cozr,e nearly 100% from the same source of money that we are now getting C.D. dollars
from. They no longer have the resources to deal with the City's housing and neighbor-
hood conservation problems.
N,ayor Ferre: Would you agree it was a bad mistake when, 8 years ago the:City of Miami
turned over its housing authority to Metropolitan Dade County?
tor. Fosmoen: I don't think that its inappropriate that programs be implemented
at a county level, because the housing problem does not stop at municipal boundaries.
:What I think is important is that the City have a strategy for dealing with its housing
problems, that Dade County implement, can do the acquisition, can do the code enforce-
ment, but we need to know what it is that we want accomplished. We really have not
addressed that issue and that is what we are attempting to do through this series
of .
27
Mayor Ferre: That is all very nice, but the problem is that we are not the coutt
of last recourse. We don't make the determination, unfortunately, unless you can
figure out a way to change that. The rest of it is by asking and requesting.
Mr. Fosmoen: It is by, I think, a cooperative effort. My impression is that
Dade County is interested in assisting in the city's housing problems.
Mayor Ferre: I agree with that. After we passed the housing bond issue.
MR. Fosmoen: You have before you two issue papers in that blue packet, which
we passed out. The first is sort of a general overview of what we have found
to be some of the major problems dealing with housing. The second is, or discusses,
neighborhood categories, and the kinds of programs that we need to be thinking about,
to address neighborhood rehabilitation. If we look at the housing problem in Miami
we really have four basic problems. One overcrowding, second is overpayment, third
is housing deterioration and the fourth is the general neighborhood environment,
within which the house is located. And just quickly reviewing the magnitude of
that problem. We have more than doubled in this city since 1960 the number of
overcrowded units that we have. That presents some very serious problems for the
people who are living in those units.
Mayor Ferre: Is that mainly because of the influx of Cubans?
Mr. Fosmoen: Yes.
Mayor Ferre: Or that because of the black community, and the expressways and what -
have -you?
Mr. Fosmoen: I think Mr, Mayor if we can identify the principle cause, it is
probably the influx of the Latin community, and the extended family which that
ethnic group has, rather than the nuclear family which the Anglo community has.
Mayor Ferre: How do you determine overpayment? Who determines
is overpaying or not?
Mr. Fosmoen: The traditional standard is, no
Mayor Ferre: Is that a national standard?
Mr. Fosmoen: Yes. And that is the basis an which most federal
in terms of
whether somebody
more than 25% of income for rent.
programs operate
Mayor Ferre: So what are we saying in effect here, that there are 37,850 households,
units, where people are being gouged
Mr. Fosmoen: I am not convinced that I would use the term gouge, because there
is a law of supply and demand.
Mayor Ferre:---overpay,according to the statistical standard on it, ----
Mr. Fosmoen: They are paying more than they can afford to pay.
Mayor Ferre: That is very different.
Mr. Fosmoen: If we assume that 25% of one's income is a reasonable amount to
pay for housing, and that leaves you with some money for other purposes.
Mayor Ferre: That means 37,850 households that are not able to meet that requirement
of 25%?
Mr. Fosmoen: It begins to cut into very severely their discretionary income for
health services, for housing maintenance, for other kinds of activities. That's
the problem with overpayment.
Mayor Ferre: How many units do we have in all of the City of Miami. We have a
population of 380,000 about 75 or 80 thousand household units?
Mr. Fosmoen: About that.
Mayor Ferre: What you are telling me in effect which i.s almost shocking, is that
28
JUL 281977
almost half of the people of Miami according to national standards are both
overpaying, and a third of them are overcrowded, which confirms and reaffirms
the statement I have been making, and I got that from Monsignor , Bryant, Walsh,
who also had some studies made about 5 or 6 years ago,that Miami is the worst housed,
by Miami, I mean Metropolitan Dade County, ---Metropolitan Dade County is the worst
housed community, major metropolitan community, in the United States.
Mr. Fosmoen: We need to be careful about what we mean by worst -housed, because
on one hand people could think that that means all of housing units are deteriorated,
or delapidated, and that is not the case.
Mayor Ferre: Here are the figures of John Dyer, --gave me with regards, ---and I
relate it automobiles, to traffic. I think this is a very important point to make.
It sounds like a joke but it isn't. There are more prople living per room in
Metropolitan Dade County than in any other major metropolitan community in the
United States. As I recall the figures are something like 2.3 or 2.4 people per
room. That is the highest in the nation which means there's more overcrowding.
The second thing that fits into this, that on an income basis, right now the per
capita right now in this community is just under $6,400. on a per capita, which
is slightly above the state. On a per capita basis, Metropolitan Dade County has
more expensive housing than any other community in the United States, which is
why all of this master plan lock is so absurd, because what in effect is happening,
is that those newspapers that continually editorialize, and those people that take
*these arbitrary positions are in effect saying, only the rich should have houses
in Miami. Because in effect what happens is. that the average house in Miami today
is costing about 50 thousand dollars a house. If you look at the per capita population,
re: Dade County, only, and I make an accusation right now, of how heartless this
community really is, or some of the so-called leadership, that only about 10% of
the people of Dade County can afford housing that is being built and constructed,
and that is absurd.
sal
Mr. Fosmoen: You man find the next chart rather revealing. This represents another
side of the problem. Since 1970 we have had about an 8% increase in effective bu/ing
income. Sin,:e 1970, we have had almost a 50% increase in housing costs. That doesn't
entirely relate to the availability of raw land for new housing construction. It
relates to the cost of labor, the cost of materials, utility extensions. A number
of issues.
Mayor Ferre: I agree.
Mr. Fosmoen: This is the kind of gap that is being created and when you start to
play this off against an already overpaying population, we are beginning to compound
the problem.
Let me a minute and talk about some of the resources that we have currently to
deal with our housing problem. I hope you can read this side of the chart. There
are: an array of housing programs that the City has to address low, and moderate
income persons, in theory. In theory we have at least three kinds of section 8
funding available to us, that addresses existing or substantial rehabilitation
c,r new construction. In theory, we have public housing. Most of these programs
are not within the City's control. There are very few of those within the city's
control. In fact, the major program that we have available to us locally, has in
my opinion a very severe restriction on it. And that it is, that it can only be
used to support section 8 housing. That is the basis on which those bonds are
validated. But this isn't within our control. At the federal level we all recog-
nize that that flow of resources to the city and the Metropolitan area are pretty
sporadic.
Mayor FErre: I think it is very important now, Mr. Fosmoen that we clarify that
that bond issue, the way it was worded, ---and if not, I am going to hang John
Guandola from the nearest flagpole I can find. It was written in such a way that
it would have flexibility beyond sec. 8. If you will go back on the record, we
specifically asked him, --Charlie you were there, --and we said make sure you write
this so that if Sec. 8 goes down the drain 5 years from now, that we have the flex-
iblity for matching funds, or whatever other sections come up in the future, now
what you just said into the record is completely contradictory to that.
Mr. Fosmoen: Because all we have available to us right now is sec. 8.
Mayor Ferre: But you are not telling us, that absent sec. 8, we have useless bond
issue.
Mt. 'osmoen: No, I think we need right now, to begin to explore some alternatives
with that bond issue even beyond Sec. 8. Dade County for example had a very successful
2nd mortgage program. We have a problem in using the city's bond issue for a similar
kind of program within the city. I think we need to get back in, and begin to do
additional validations for additional kinds of programs that we know about right now
Not what is going to be available next year, or 3 or 5 years from now. We need more
felxibility with that bond issue today, not under a program that Carter may develop
next year or two years from now.
Let me make one other point. Most of these programs, address themselves to rental
units. They do not address themselves to the preservation of the existing housing
stock. There is virtually no use of FHA title I funds in the community.
While Dade County has set aside a substantial amount of money for loans and
grants, they are being speard all over the community, all over the Metropolitan
area. They have approximately 7 million dollars set aside for low interest loans
and grants to attempt to improve and maintain the existing housing stock. But it
is county -wide, it is notconcentrated. We are not seeing any change in neighborhoods.
What we are seeing is an improvement in an individual house here, an individual house
there, but not in a concentrated.basis in neighborhoods. I think in part that goes
back to the way that we have so far, determined the priorities for community develop-
ment funding. We have built the program from the neighborhood up. I am suggesting tot0
you that through several of these kinds of meetings with the commission, we need to
begin to develop an overall city-wide strategy for housing and area maintenance and
use our resources to the best advantage in a strategy rather than having individual
projects build up from the neighborhoods that don't have necessarily any relationship
to the long term benefit to the community.
Mrs. Gordon: While we turn the page I want to say a couple of words about the
last comments that Dick made. Yes, the reason why it is so important in my opinion
is because unless we have a total view, and neighborhoods don't particularly have
a total view, they have a neighborhood view, therefore, the concept of a revitalized
city per se, is not going to happen.
Mr. Fosmoen: We have about 15 or 20 min tues more. There is one thing we all need
to understand when we talk about addressing problems of the neighborhood. That is
in fact, there is a lifecycle to a neighborhood. I don't think this is new to the
Commission but I want to reemphasize it, that if there is no effort on the part of ram.
the public agencies to interrupt a natural process, neighborhoods will grow, they
will mature, they will be pleasant communities to live in, and eventually neighbor-
hoods wear out, for all kinds of reasons, and they start a down -hill slide and event-
ually they infact become abandoned. There are 5 phases that one can describe for
a neighborhood, the last being abandonment. Because of the problems we have in the
availability of housing, and a continuing in -migration, abandonment has not set ;n
in Miami, but we do have neighborhoods that are highly deteriorated and we have
a large portion of the neighborhoods in this city that we can call transitional.
They are beginning to experience a number of problems in the physical condition
of the housing and in the social and economic characteristics of the residents.
Nearly the entire area that is covered by community development now, would fall
into this part of this neighborhood life -cycle. I think perhaps the most important
point, if we try and reverse that, or stave off that major change, when we have
reached this point in the life cycle by trying to do neighborhood rehabilitation
conservation, time and time again national experience will show us that it doesn't
work. You have to define and design your program to fit the kind of neighborhood
you are dealing with. When a neighborhood has reached this level, in this life -cycle,
in nearly all cases, renewal, and redevelopment are the answer. But one can interrupt
this process by rehabilitation and by concentrating our resources. Again, right now,
we are spreading our resources for community development far too thinly. We are not
experiencing any impact. I would like to ask,-----
Mayor Ferre: There is a point in all of this, --it is all right to rehabilitate
in Philadelphia where you have some old townhouses, and basically you can do it.
But to rehabilitate the quality of housing in Miami 50 years ago, with just plain
old Dade County pine, there is not much you can do with some of these places.
Mr. Fosmoen: WE have a series of slides that I think will visually show you
the kinds of neighborhoods that we are talking about, and where they begin to
fit.on this. Because when you say, a shot -gun shack, that is down here. We are
talking about the old concrete monsters. Those neighborhoods have got very serious
V
JUL 281977
prOb eltaSa Let tts tub thti ugb the slides very quickly. Jorge ?ete2, who
had tnajot responsibility in preparing these issue papers, is going to describe
the neighborhoods as they go through this life -cycle.
Mr. Jorge Perez: As Mr. Fosmoen explained, there are basically 5 types of areas
in the neighborhood life -cycle process. The last area which is abandonment, is
really minor in Miami and has therefore been included with the 4 area, which we
call accelerating decline. The first of the areas are called healthy areas. These
neighborhoods as you can see by the slide, are characterized by adequate sidewalks,
landscaping, well kept homes, and yards. These areas can be high -income, low -density
areas of extensive homes such as this in south Grove, they can be middle -income,
low -density areas, such as this in the Roads, they can be high -income, high-rise
areas such as these two slides in Brickell Avenue. They can be middle -income, high-
rise area, of new and older well -maintained buildings such as this in Flagami.
All these areas are characterized by a continuous influx of households, with enough
resources, to maintain and up -date these properties as necessary. They are also
characterized by viable commercial, local commercial shopping centers, such as the
one in this slide, that serve the needs of the residents in the adjacent area.
Households moving into these areas, continue to maintain and up -grade the housing
units, as there exists positive . expectations of the future property values. Re-
modelling, such as the one shown in this slide, is ususlly comprehensive, and in-
volves not only the structure, but driveway, yard, facade, etc. add;.ng a totally
new up -dated unit to the housing stock. Again here is an example of house in the
healthy area. You will notice again the strucutral condition, the landscaping, the
yard and driveway. And back into a middle -income area, in the northeast portion
of Miami where you find the same thing. Here we have neighborhood pride and ability,
and most important a willingness to invest in the housing stock and in the neighbor-
hood.
We then proceed to the next area. The next area starts showing beginning fecline.
These areas are called incipient decline areas. They are characterized by an older
housing stock, basically in good condition, but needing some spot maintenance. You
will find that the houses in this Aide are older. The driveway has deteriorated
somehow. The swale areas to your left. start showing some deterioration. Aga:tn we
find older homes would provide adequate housing for a majority of the population.
Minor problems such as paint, yard maintenance, fences, window cracks, rotten
window sills, garage doors, require attention to prevent further decline.
Swale areas start deteriorating due to the lack of public and private maintenance
and increased on -street parking. There are many good quality homes, small, older,
but very good quality homes in this area, such as this one, and this one. But these
areas, we start seeing more and more duplex construction in lots which were previously
occupied by single-family houses. Many of these lack open space laeelscaping and pro-
vide little parking, causing undue street parking, and swale deterioration. Many of
these areas also have, ususally interspersed among single-family units, older renter
structures such as this one in Little Havana. Although the condition is good and
there is adequate landscaping, there is no parking provided in many of these units.
In addition as we saw in the charts we sent to Mr. Fosmoen, these units are usually
plagued by over -crowding and overpayment.
in sections if incipient decline areas, we start experiencing increased housing
and neighborhood maintenance needs. The older homes through the filtering process
become occupied by households whose income make it burdensome to maintain and up-
date continuously the housing stock. Single-family rentals and conversions become
more common, swale area deteriorations, lack of yard up -keep, trash problems and
garbage as you see collecting in the street, become more apparent. Rehabilitation
at this stage becomes necessary to stop accelerating decline. Although not common,
some properties in incipient decline areas, --this was in the Manor Park section
of Model Cities which is a very nice area, but has some of the spot units, which
retched dilapidation and abandonment. These must be taken away, demolished immediately
to prevent further decline in adjacent properties.
The next area we have outlined appears in dark brown in the map, are areas which
are clearly declining. Clearly declining areas are characterized by an older housing
stock with extnesive need for minor repair and some needs for major repair. Although
most: units need some type of repair, these areas are capable of being rehabilitated
31
through concentrated and intensive code enforcement, maintenance assistance
renovations, and public improvements. The cooperation of the private and public
sector should be emphasized here, because the needs not become income needs in
updating the structure themselves, but also public improvement needs such as the
heavy deterioration of swale areas, garbage in the streets, etc. Again here is
another shot of a typical, clearly declining area. You will notice the deteriorating
but still rehabitable older housing""units.
In addition to the need of housing repairs, as I said previously, there is little
yard maintenance and increased trash and debris starts collecting in the streets and
empty lots. Many of the older units in these areas are wood frame and are particularly
susceptible to deterioration. Then city problems become particularly acute in many
of these areas. Apartment buildings such as these are in sound condition but offer no
amenities, landscaping or parking. There is an increase in mixed residential uses
such as an apartmentbuilding next to a duplex, next -to a single family unit.
Commercial facilities also start to decay. They are inefficient, unattractive,
and offer little services to the local residents in the immediate vicinity. There
is increased, although spot dilapidation as you can see by the house in the right,
which has been abandoned and has been vandalized once already and boarded up again.
The swale areas become even more deteriorated needing greater public improvements
to meet the demands of the residents.. The general appearance of the neighborhood
also needs major up -grading. Nevertheless, the majority of the housing units are
suitable for rehabilitation and there is some private rehabilitation being done.
Fortunately these private efforts as seen in this slide, and this slide are few
and in between, and mostly marginal. They are very different from the rehabilitation
effort that we saw previously in healthy areas, in which the facade, the whole
housing unit is up -dated and belongs, and becomes almost a new unit in the housing
stock. Rehabilitation after such as these, because the lack of resources, and tech-
nical assistance, and financial assistance, will probably necessitate future re-
habilitation..
Some units in area 3 are not rehabitable. Although not widespread, the problem
of dilapidation, abandonment and vandalism requires immediate attention, as the
presence of a single unit such as this tends to accelerate the process of deterior-
ation in transitional areas. We here not only have a structural problem, but as
you will notice, lots like this start collecting garbage and debris, and also
become sanitary problems. In addition, if these houses are not removed immediately
from transitional areas, they will cause other residents who have well maintained
rot
homes to start thinking of moving out, causing greater mobility, changes in occupancy
usually to lower income households.
In vacant lots, and deteriorated houses such as the one shown in the previous
slide, sensitive in -field development should be encouraged to avoid conditions
which precipitate further deterioration. The development such as the one shown
in this slide , which is in Miami, in a transitional area, should be of a scale
and density compatible with the immediate vicinity. '
The last category we have for the City of Miami are areas which are experiencing
accelerating decline. These areas in the darkest color and they are mostly con-
centrated in Culmer Target Area, portions of the Culmer Target area, portions of
Model Cities, and portions of Coconut Grove, and a small section in the Windwood
Target Area.
Mr. Fosmoen: I think it important that we note that the areas that are on the
bottom end of this neighborhood life cycle, are really very few in the City of
Miami. They present the most serious kinds of housing and social problems. They
are fairly concentrated and I think Miami is fortunate compared to other major
central citie'in that we have small areas to deal with. If we were talking about
Philadelpha, Detroit, the whole central part of the city would be in this dark color.
Abandonment has set in and the problems of deteriorated neighborhoods are so large in
those cities that they are almost impossible to deal with.
Mr, Perez: That is true. The majority of the City of Miami, again to repeat, it
is neither a healty condition that you can see by the light color, or a transitional
condition, as you can see by the two lighter shades of brown. Nevertheless, there
is a problem, a very serious problem in some of the areas, although minor in geographica:
and the households that are affected by the problem, the problem still remains. The
general character of these areas is made up of units with high density, total lack
of amenities, overcrowding and overpayment, lack of landscaping, and the concentration
[I
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JUL 281977
•
of potetty=level households. Vacant lots offering little private deveiopment
potential and serving as recepters of garbage and debris. Many of the housing
units are old,.delapidated and beyond the state of rehabilitation. Abandonment,
boarded -up units and vandalism become more apparent.Cocmnercial areas are highly
deteriorated with marginal businesses and high vacancy rates. In same cases such as
this, and this is a building right in the area of'the worst consentration of
housing and social problems. Substantial rehabilitation of rental units is possible,
but it rust be accompanied by large fedei— 1 rental subsidies in order to allow the
previous residents to remain without overcrowding and overpayment. The majority of
the landlords will not rehabilitate these units without. federal subsidy assurance
as the rental market in this area is not capable of supporting the increases in
rent necessary to pay for the rehabilitation cost. In addition, many of the units
are beyond the stage of rehabilitation.
Often the only alternative for
is redevelopment. Care must be
income households in this area
currently exit in those areas
housing.
areas of accelerating decline and abandonment,
taken not to concentrate as far as far as the
in order not to create the same problems that
. By that we mean an over concentration of public
Mr. Fos:noen:Just a couple of comments to finish up. We have., 10 million dollars
a year in community development fundsing, it sounds like an incredible amount of
money. It is really a very small amount of money when we Etart spreading it through-
out probably one-half of the city. We have been putting; our C.D. dollars into public
projects, the infra -structure in the neighborhoods, --new streets, parks, but we
have not yet begun tc)address the other halt of the neighborhood which is the
individual housing unit. I think that we need to look very seriously at the
housing units in those neighborhoods and again if we try and do the wrong k_tnd of
program, in the wrong neighborhood, it is going to increase the problems in that
neighborh. zd. Let me give you an example. If we try and do in some of the worst areas
of Culme:: Model Cities, a door-to-door code enforcement program, it is going to
accelerate 6lbur,un?1nent. Those neighborhoods in my opinion are not economically
viable, cannot be brought back to a reasonable standard by simply code enforcement.
It is goings to requi, . redevelopment. On the otherhand if we start doing redevelopment,
in an aree, that is still L.1�onably viable, the people in that neighborhood are going
to begin to leave. So we have gear our programs to the kind cf neighborhood we
are dealing with. The other point that most of the programs that the City has
available, direct themselves to new cu:struction. The bond issue that we passed,
current supports new construction. At three to four hundred thousand dollars
an acre on land assembly, because 97% of the City is developed. Three to four
hundred thousand dollars an acre for land assembly to rebuild houses, or to
buile', new houses, at the same time, putting money into neighborhood preservation,
I think that we are addresssing the wrong problem. Yes, we need new housing. There
is no question about it. And we need new housing as the housing in these very de--
te,:iorated areas, is taken down. But we also need to begin to spend our resources
tc, preserve the existing housing stock we have. It is a heck of a lot cheaper, than
paying 3 to 4 hundred thousand dollars an acre to asemble land to build new housing
e.tock. We will be coming back to this commission over the next several months with
none additional issue papers on housing, and where we want to end up, very frankly,
is with a city-wide strategy, to begin to consentrate the resources, rather than
trytospread them all over the city, consentrate the resources and begin to experience
major impact in neighborhoods. If we don't catch them now, we are going to start finding
more and more neighborhoods with very serious housing problems.
Rev. Gibson: Mr. Mayor I want to ask a question. What authority do we have in
building, period?
Mayer Ferre: Well, we turned over our housing authority. As you know, Father,
we have all been involved and interested in housing and you serve on the Board
there. I am afraid we all have to admit, not individually but as a community,
that the housing authority has existed for 36 years, and in the 36 years, we
have built what, ten thousand houses? It is just unbelievable. I remember, -----
of course, you can't compare Miami with Puerto Rico, but I remember that in
the hey days of Commonwealth of Puerto Rico, when things were going well, they
ware building ten thousand units a year in San Juan alone, and we built ten thousand
twits in 36 years. And they were using FHA, and every title and fund and everything
they could grab, and then some. I think for this community of 1.5 million people,
tfa have a record of having built ten thousand public housing units in 36 years is
just unbelievable. It is just abysmal. I am talking about the City of Miami, and I
an talking about Metropolitan Dade County. I know that funds aren't available and
33
•
I know that, But we seem to have funds available for a too. We seem to be Itokifig
for more funds for all different types of things. In the meantime, we build express
ways and take people out. We don't care where they go. So instead of sleeping 3 to
the room, they sleep 8 to the room. We absorbed a half -million Cubans into this
community, and sure there has been a lot of housing construction going on, but
when you look at what has happened, we are in bad trouble.
Rev. Gibson: Let me ask you. Put it this way. When people have property in the
City of Miami, and those properties serve to the detriment of the City of Miami
and the people in the City of Miami, what authority do we have. For instance,
on 9th Street between 4 and 5 Avenue, as late as yesterday, there was one hell
of exposure on this City. You all didn't have none of that on that slide presentation.
Lets assume there are 11 units in a building, ---in that building I saw,-50% of them
torn out, the windows are out, the doors are down, and everything else it there.
It seems to me somewhere, I don't understand how, those kinds of buildings can
exist in the City of Miami and we can't insist that the owner board those buildings
up, or something. Or, either the administration isn't alert and bringing pressure
on code enforcement, to insist that you do this or. You are talking to the Vice -
Chairman of the HUD Board. They had Mel Adams out there yesterday. They decide,
well we are going to buy the building. What in the hell is going to happen before
you buy the building? A11 you have to do is hit somebody in the head, and slip
in one of those buildings. You save protection. I am asking, what is our recourse.
What is our redress.
I am going to make one final statement and hush my mouth. More than anybody on
this commission, or in this building, I went through that . I shall never
forget when Elizabeth Virrick and I were around here fighting about housing,
and everybody thought we were fools. I shall never forget when we were talking
about having running water in every house. Same of you don't know about that.
Everybody said we -were foolish. I shall never forget when they were trying to
build in the Grove, I recommended that we, instead of building houses,we just
get sewers and streets, and repair what we have. Black folks, white folks thought
I was a fool. Fortunately we got the streets. It changed the looks of the place.
I am asking the Mayor, because I don't know, here is a situation in the city of
Miami, ---this is your city. We turned all this over to Metro. How do you make
people do what is, -----since this mars and destroys the municipality that you and
I represent, -----how do we make them do it? Somebody tell me. And all you have
to do, if you want to regurgitate, is go on 9th between 5th &;:4th N.W. and if
you, as city fathers tolerate that and don't take some immediate,positive
urgent action, then I have to say to you, God help us.
Mrs. Gordon: May I ask a question?
Mayor Ferre: That was a question I can't answer. I think what Mr. Fosmoen was
saying to us today is that we don't have a Housing Authority, we should exert
some responsible leadership in coming up with solutions. I guess what he is saying
is, for you to come up with solutions first you have to define the problem, which
I think he has done here. Secondly you have to document it where it is creditable,
thirdly you have to come out with potential solutions for it. Fourth, you have to
fight like hell. I think where we are at now, is stage 2. Because without a master
plan as to what it is we are talking about, and how to approach it, and how to fight
for it, is meaningless. But the point I think, that Father Gibson is point out,—
Me1.Adams is a wonderful man, and he is very capable and certainly has been cooper-
ative with the City, --and we have lots of people in this town like Marty Fine that
really care. Somehow we have never really been able to put our hands on what these
solutions are. I think we now have an opportunity through this bond issue to do some-
thing there, but we really need to do more. I guess that is what you are saying.
We really have to concentrate on those areas where we can rehabilitate. That really
has been the whole 'thrust of the Nixon -Ford administration which I might say was a
complete failure. I hope we wouldn't go in the same direction they did.
Mr. Fosmoen: Some of their programs were highly successful.
REv. Gibson: I hear what you are saying. I believe in planning, and I believe in
all this jazz, but I don't understand how buildings can survive in the city limits
of the City of Miami, and you don't make the man board the buildings up. You don't
make the man lock the doors. It seems to me, here weare,---we gave away all of
our authority and power. Now somehow we need to reconsider what we have done. Look,
if we cant make code enforcement insist that these things be done, you what? We
can't talk. All they are doing, —(and I want to urge you to go look), is to let this
situation exist and man, ---by the way M.r. Mayor, let me make this further comment.
f
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JUL 281977
Tou know when the people from Culmer section came down here talking the other
day, I hope that this administration understands that I understood that they
didn't get one damn thing. I hope everybody understands that. They didn't get
nothing. You know we pass resolution,-----, Mr. Grassie, so you would know,
that is within 2 blocks of where that meeting was held. I know it better than
you can ever get to know it. Remember the other day, you said, well I should
have been at the meeting. Man, I know more about what they are going to ever
talk about than they could talk about. Because I have lived it.
I want you Mr. Grassie to go on 9th, between 4th and 5th, and you come back
and tell the commission.
Mrs. Gordon: I have to agree with you Father Gibson. I am familiar with what
the situation is on 4th. There is a terrible condition. It is a health hazard
right there in that particular property. Adjacent properties are not so deplorable.
There are some that are fairly decent. The owners of those properties should pay
particular attention to their maintenance and upkeep and strive to keep them in
decent condition. I don't know what legal controls we have as a city. I guess Mr.
Knox can find out what we can do to force the owner of that property to board up
those particular apartments. About two-thirds of the units in that building are
mot habitable. They are incredible. I wanted to ask another question that I think
will nut through to some of the problems of the rehabilitation of existing properties
and particular in the low and middle -income class. That is, as soon as some one
paints or fixes up their property, they.are served with a notice of a tax assessment
increase. I believe there were some legislation done this year that, perhaps
Alive ought to be a little bit more familiar with. Mr. Knox are you able at this
time to tell us what specifically was passed in the legislature as it would pertain
to the housing situation we are facing now?
Mr. Knox: I would have to check that out Mrs. Gordon.
Mrs. Gordon: Okay. My personal feeling, (and I don't know if it passed this year's
leglsiation or not) that if the single-family homeowner, duplex owner, and even the
unit owner should receive some kind of tax abatement for the improvements :that are
put into a property, rather than zap them with a tax increase and discourage anybody
from keeping their lawn cut, because if it looks like a slum, the tax assessor
rides by, says reduce their assessment. That is a serious problem. One that we
have to address if it hasn't already been done so.
Since we did address ourselves to the Culmer as a priority area, needless to
say Father Gibson's comments bre relating to the Culmer area and certainly
the slides depicted the unbelievable conditions of the commercial area. If
• in fact we are going to address ourselves to rectifying cancerous conditions
in the city of Miami, I believe that the action we took several months ago
is the proper action and if we proceed with that direction, of removing the
cancer, and then the surrounding areas will be further encouraged to rehabilitate
themselves. We will he on the right track I think.
10. KEEDBCZaiITEJ1: rEiRO ACTION ENJOINING PUBLIC P S MS FOR
MJICIPALITIES (SEE MINUTES ITEM 89 - REs.77-673).
Mayor Ferree Before we break, -Mr. have the sad task, to have to inform
you, -that as you have seen from the memorandum that Mr. Knox has passed out, that
Metropolitan Dade County saw fit on Tuesday 26th to take to the Department of
Commerce, EDA, to court. And the net effect of what they did was to enjoin the
City of Miami, fram us getting what we evidently looked forward to getting in
our public works funds which amounts to 7.5 million dollars. Now, this is, in my
opinion, perhaps one of the most tragic and sad things that 1 have seen happen in
this cam:aunty. Everything the City of Miami has an overrun in a park, or something
goes wrong, it is a front-page story about Culmer, front page story about Bayfront
Park, front-page story about everything else that happens around here, that relates
to the City of Miami. We get the Civil Service Board to come here, and if you read
that report from the Civil Service Board, Metropolitan Dade County's racial discrimin-
ation in its police department, is 10 times worse than the City of Miami, --I mean
10 times worse, not twice as bad. --I don't say it. The Civil Service Commission in
their report says it. And yet all the headlines are 'Miami does this.' Metro of
course never does anything. Metro overruns, 4 parks to be exact in the last year.
Not a word. Page 5, down in the bottom section. The City of Miami makes one little
mistake, front page headlines.
blow, I ask you. You know what this is all about? Very simple. They want to built
e too. That is it. Would you believe that? They are 4 million dollars short. They
asked for 5.6.inillion dollars and the federal government gave them 1,4 million.
33
JUL 28197 _
And they got angry. They get all the money all the time, but now they got caught
short. So they can get their 4 million dollars to build their zoo. What do they do?
They sue the City of Miami, basically, to stop us from getting our money, and I am
going to put it to you very simply. I told Mr. Merrit Stierheim yesterday. I will
tell you what the headline is. James L. Knight Conference Center vs. zoo. Because
that is where we are at. It is just that simple. What in effect we are jeopardizing
is the construction of our convention center and the James L. Ynight Conference
Center. Why? Because some bureaucrat at Metro made a mistake in the calculation on
the zoo, therefore they are going to stop us from going ahead with our conference
and convention center, so they can get the zoo. That is unbelievable. I'll tell
you, in my opinion that day of July 26, to paraphrase something else, is a day
infamy. If there ever was a Pearl Harbor around here, that's Pearl Harbor. I think
1t is despicable, it is unheard of, it is unbelievable, it is short-sighted, it is
destructive, and lam really amazed.
Mrs. Gordon: Was that Commission decision to do that?
Mayor Ferre: No, ma'am that was evidently a decision made by the new County Mananger
and I think out of courtesy to him, and on his behalf, it was made under the advice
of the County Attorney. Just unbelievable.
Mrs. Gordon: Mr. Mayor correct me, or somebody, --wouldn't an action of that magnitude
have to take a commission action, --of the County Commission?
Mr. Grassie: Well, they have done it, so apparently the answer is no, Commissioner.
Mrs. Gordon: The answer is no?
Mr. Grassie: Apparently no, because they have done it.
Mrs. Gordon:I know they have done it. But did they do something illegal, immoral,
or wrong? Can we go at them that way, and get back to them?
Mayor Ferre: And just to show you how they go about doing these things.You know
how they did it? They don't have the courage of doing it here in front. And by the
way, there are leaderships, and I am not going to mention, but in the press, who
are well aware of all of this, of course not word one. Can you imagine what would
have happened if the City of Miami, four or five years ago, had sued Metropolitan
Dade County with the CD funds, to say, why should you get more, -----
Mrs. Gordon: I can't imagine Mr. Grassie or Mr. Knox, or anybody taking an action
like this without bringing it to this Commission. And they wouldn't. This is what
bothers me. You are telling me that that commission apparently isn't in control
of what is happening in the County.
Mayor Ferre: I think it is absolutely unbelievable. You know what is going to
happen? This is petty -fogging, little -minded action in the worst category.
Mrs. Gordon: Mr.lnox, since we are sitting here as a Commission, what action
can we take. We are also Dade Countians, we pay taxes. What can we do,since that
Commission never took a position, what can we do to stop this thing and make that
commission stand up and get counted?
Mayor Ferre: I think No. 1 Mr. Knox,we have to defend ourselves.It may be all
over. I think the hearing is August 9th and there is a resolution here authorizing
the City Attorney to get the law firm of O'Connor and as you may remember
Mr. O'Connor was the treasurer of the Democratic Party during Hubert Humphrey
period and he happens to have a fairly large law firm which I understand you
checked out, and this it the firm you are recommending.
Mrs. Gordon: The ironic thing, we are going to have to spend money to hire con-
sultants and this suit should never have come about in the first place.
Mayor Ferre: To protect ourself.
Mrs. Gordon: To me it is an incredible situation. Isn't the County Comnissiom
in session today?
'Unidentified person: Yes.
Ws. Gordon: I believe we ought to make an aprance there, We certainly should
0
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41'
111
take bdt a steps to stop that Suit,
Mayor Ferre: Would you call down there and ask that We Would adjoufn, and all
go down there at the appropriate time. In the meantime I think we have got to,
whether it is later on today, we have to protect ourselves. I think Mr. Knox is
correct. We do need some Washington counsel. They have
firm.
retained a Washington law
Mr. Knox: They are using the firm of Ryan & Ryan, whici is general counsel for
the National Institute of Municipal Law Offices, the national organization of
City Attorneys.
Mrs. Gordon: That Commission hasn't engaged their counsel. They haven't engaged
them by official commission action.
Mayor Ferre: The fact is, that they have engaged Washington counsel,--Y-
Unidentified: Who?
Mayor Ferre: Metropolitan Dade County. They put in a law suit. They got Washington
lawyers, and they effectively as of today, --as of the 27th, our money was gone.
And it will be decided, there is an injunction against it, ---let me tell you,
a federal judge does not go out and put a stoppage to something like this, unless
the thing is pretty credible. When you go out and get heavyweight lawyers like that,
Ryan & Ryan, I guess the judge must have felt there was enough merit in it, to stop
it.
Mrs. Gordon: Mr. Grassie, could you get someone to make calls over to Dade County
while we are sitting here and find out what commission action has been done, at
all, to make this an official action of Dade County.
Mr. Grassie: Mr. Grimm is calling right now Commissioner. But my impression i
that the County Attorney engaged counsel, on his authority.
Mrs. Gordon: On his own?
Mr. Grassie: That is my impression.
Mrs. Gordon: All of this would have an action, --a policy action of the County
Commissioners.
Mayor Ferre: Evidently, we have a different operation over here. Because technically,
Mrs. Gordon: Technically, they don't need a commission.
Mayor Ferre: Technically, George Knox can go out and hire counsel on his own
without getting our approval on it. Nov, he doesn't do it. That is why he is here
before us.
Mrs. Gordon: But the initiation of the suit Maurice, is the thing.
Mr. Plummer: Be can't go out and insitiate a suit on behalf of the City, anyway
shape or form.
Mrs. Gordon: Absolutely not.And for us to engage to counsel to defend a suit
that I am not even sure is a suit, legally before the courts, -----
Mayor Ferre: I agree. When I heard about this yesterday, I was in shock. I just
couldn't believe these people had the gall to do something which is as destructive
as that act. It is unbelievable. Completely negative, destructive government.If
I don't get my share, then you are not going to get anything. If we had taken that
attitude, we could have stopped Dade County not once, but 20 times. On major grants
we had the perfect right, ---I'll tell you, that is the relationship we are going to
have. We have nothing but problems. We may as well take off the gloves and let'd
get going.
Mrs. Gordon: We have to get to the root of it. I believe if we don't get to
the root of it, these kinds of things are going to happen, then we can have a
3,7
MM
MW-
um form of govett ent, :mud we woh't tilave anymore elected people to Bet policies.
We just Won't need them.
Mayor Verret Mr. Grimm did you get through? They are meeting in the Dade County
Auditorium?
Mr. Grimm: Yes.
Mr. Grassie: Apparently it is a public hearing on transit, Mr. Mayor rather than
a regular session of the County Commission.
Mayor Terre: There is nothing we can do about it right now evidently. Why don't
we leave this pending and we will come back and take it up in the afternoon session.
In the meantime, let's try to get informed as to how exactly what the procedure was
and why they have done this, etc. I know why they have done it, but was it authorized
by the County Commission, on whose's authority etc. I doubt very much if a guy
like Merrit Stierheim would take it upon himself to do that without knowing full
well that he had the authority to do it. He is too smart and he has been around too
long to do something without knowing what he is doing. But we will see.
RECESS: The Commission recessed at 12:25 P.M. and reconvened at 2:00 P.M.
11, PERDOL APPEAR NCE: CAPTAIN SOW SHIELDS REGARDING TOYS FOR TOTS
USE OF EAYFRCiri PARK AUDITORILN!,
Capt. John Shields:Mr. Mayor and Commissioner Plummer, in absentia, the rest of
the Commissioners, ladies and gentlemen, I am here today to thank the City of Miami
for helping us again having the second largest Marine Corps Reserve Toys for Tots
program in the United States, second only to the City of Los Angeles, which has
several reserve units combining in a much bigger metropolitan area. At our party
alone at the Bayfront Auditorium last year approximately 4,000 youngsters received
gifts, entertainment, music, etc. at least 10,000 youngsters in the area received
gifts last year. It is a continuing program, we are collecting toys even now, and
remembering what Commssioner Plummer kidded me about last year, I am not sure whether
I should present you with this, or again ask for your support first. But in any event /
I would respectfully request that the Commission consider the fact that the Marine
Corps uses the auditorium on two occasions in Toys for Tots, and it is a non-profit
use.
Mayor Fevre: You want us to pass a waiver?
Capt Shields: Yes, sir.
Mayor Terre: Captain it is all done. The Marine Corps and you especially
are to be commended for your continued interest. Ladies and gentlemen, Captain
John Shields is a diligent worker for the welfare of this community and he and
the Marine Corps really do a tremendous thing at Christmastime in getting a lot
of toys for children. I would like to have a round of applause for this great guy.
Mr. Ongie: Mr. Mayor do you want to call the roll on that motion? _
Mayor Ferre:1Je don't need a motion. It can be done administratively.
12, RETIRE E/ RIVES, CERTIFICATES OF APPRECIATION P
SPECIAL ITEMS,
Presentation of a cake to the City Commission commemorating the Cit
Miami's 81st Birthday.
of
Presentation of a City of Miami 81st Birthday Proclamation to Dr, Thelma
Peters, Historical Association of Southern Florida.
JUL 281977
Presentation of a retire,iht plaque to Maurice G. Hor}.in, Deoartt
of Public harks, upon his retirement after 24 years of service With,
the City of Miami.
Presentation of retirement plaques to members of the Department o
Parks and Recreation.
Billie Wallace - Recreation T,eader TIT - 271 years
Jack Ott - Pools Supervisor - 27 years
Presentation of retirement plaques to xmrr ers of the impartment o
Public Properties.
Louis W. Diaz - Welder - 281 years
John H. Ski.nkaytis - Garage Supervisor - 26 years
C. Louise Innc - Typist Clerk I1I - 28 ; years
Presentation of a retirement plaque to Ms. Doris Chelette, Department
of Sanitation, upon her reti.reirent after 24 years of service with the
City of Miami.
Presentation of Certificates of Appreciation to all participants
in the 1977 Very Special Arts Festival.. The festival, which was
organized by the lianclicappe3 Office of the Department of Parks
and Recreation, was to exhibit the artistic talents of the
handicapped m:ri rs of our (community.
Presentation of a Condit nd,3tion Lo Marta M. Feq er, Administrative
Assistant to the Superintendent of Dade County Public Schools, for
her role and involvement in bilingual programs and her contributions
in education for over 25 years.
Presentation of a Key to the City of Miarri to Mr. Tian fiarlan, one
of the t,.n artists cannissioned by the Olympic Committee during the
last Oltimi: es in Montreal.
Presentation of a Lo,,-Ititution Week Proclamation to Mrs. Roy H. Brooks,
Mrs.Albert Green, an' Mrs.Charles Carroll, from the Daughters
of the American Revolution.
Presentation of a Certificate of App.-,ciation to Dra. Zoila Sanchez-
Cifuentes for her outstanding community service. Dra. Sanchez-
Cifuentes has provided volunteer service to the United Cerebal
Palsy, Muscular Distrophy Association, United Way, and a host of
other organizations.
Presentation of an American Flag to Cannander Bill Lona and Mr. John
Von Uegan from Harvey Seeds Anerican Legion Post.
13. AUTHORIZE CITY MANAGER TO BEGIN DISCUSSIONS WITH tORLD TRADE CUB, INC.
FOR POSSIBLE DEVELOPMENT OF A WORLD TRADE CENTER IN THE DALLAS PARK AREA,
Mr. Grassie: Mr. Mayor and members of the City Commission, item 49 which is
the one you are considering now, has to do with the possibility of establishing
in the City of Miami, a World Trade Center, --the Miami World Trade Center. The
organization that is going to be before you in just a few minute, as soon as
Mr. Paul gets back in the room, is asking the City of Miami to enter into discussions
with it, on the possible establishment of a World Trade Center which is as you know
basically a private enterprise activity which depends on a certain degree of
governmental cooperation. So they are going to be asking for our continued cooper-
ation and support, although basically it is a private effort to encourage world trade.
World trade in this case, center in Miami. If I could, I would like to introduce
to you Mr. Peter Paul who is advancing his proposal to you.
Mayor Ferre: Mr. Paul?
Mr. Peter Paul: Honorable Commission, Mr. Mayor, it is indeed a pleasure to have
this opportunity to advance a proposal to the Commission that could well be one
of the most significant private projects to be embarked upon in the City of Miami,
that would insure the continued economic development of this area. A World Trade
Center, I am sure all of you are relatively familiar with, so far as the project
39
that has been launched it New York, is an organization that is comprised of
38 structures around the world. It will be further explained by Mr. Alex Baker
who is the assistant to the President of the World Trade Centers Association.
Basically the thrust of this proposal is to introduce an organization that
has been formed locally by the name of Miami World Trade Center Inc. which is
the recipient of the exclusive designation by the International Association
of World Trade Centers.
Mayor Ferre: Mr. Paul, there are a lot of people waiting. We have taken you
out of turn, so let's make sure we cut through real quickly.Iiow many World
Trade Centers are there around the world?
Mr. Paul: There's 102 members of the association, and 38 structures. I would
like Mr. Baker to answer those questions.
Mayor Ferre: Mr. Baker would you step forward. We are happy to have you in Miami.
We will try to get you on your plane.
Mr. Baker: We have 101 members of the World Trade Center Association. 0f this
number we have 16 operating World Trade Centers. Seven are presently under con-
struction, and about 45 with plans in the near future.
Mayor Ferre: Does New York World Trade Center belong to the Association?
Mr. Baker: Yes, the headquarters for the association is in New York.
Mayor Ferre: I was in Los Angeles on Friday and I noticed right next to the
Portment Hotel there that there was a World Trade Center. Is that part of,
Mr. Baker: Yes, they are a part of the Association.
Mayor Ferre: How many World Trade Centers are there in the United States?
Mr. Baker: Approximately 23 at the present time.Baltimore, New York, Dallas, Houston,
Los Angeles, Indianapolis, ---
Mayor Ferre: Does New Orleans have a World Trade Center?
Mr. Baker: They are the first World Trade Center, 1968.
Mayor Ferre: I see. For a World Trade Center to be called the World Trade
Center they have to belong to your association. Is that it?
Mr. Baker: The strength of a World Trade Center at the present time we feel
is in the network of the Trade Centers itself, because of the reciprocal services
that are offered and the reciprocal types of trade information services that are
presently being developed at this time. This is where we feel the strength in the
association lies.
Mayor Ferre: How large is the average World Trade Center?
Mr. Baker: The average World Trade Center will vary from, I would say, from
one end of the spectrum in Toronto, about 50,000 sq. ft.
Mayor Ferre: That is the smallest one?
Mr. Baker: That I would say, on the smallest scale, which includes international
offices as well as some exhibit facilities. And in the World Trade Center in
New York, of course would be the other end of the spectrum.
Mayor Ferre: New York has something else. I don't even ask you about New York.
As I understand it, World Trade Centers for the most part, have been very successful
economically for the community that they are in. They do sponsor trade. I think
the record on that is very well established. Did anybody else have any questions?
Mr. Paul: I wanted to introduce the principals in this company just for the
edification of the Commissioners. Mr. DeanPei was the vice president of Sefrius
Corporation, a subsidiary of D.I.I. of France, is here to introduce his company
which is one of the most experienced urban renewal and lead development of World
Trade Center projects.
llI11I1111pllll11111'I I1111IIIIIII11PUiIIIIIIP Ii'!' '!II1111I11I11I1I!!
40
•
Mayor Ferre: Mr. Pei I am sure is a very distinguished man, but he also has
the additional distinction of being a son of a very distinguished father who
happens to I.N. Pei, without any question the leading, or certainly one of
the great architects in the United States at this time. We are happy to haVe
you here.
Mr. Pei: I would like to give you a very quick description of our company so
that you kncw who we are. Basically, speaking of a company called Sefrius Corporation,
which is headquartered in New Yc,rk City, we a planning and development company and
as Mr. Paul said, we are a subsidiary of a French company which has the initials
U.I.I. It is a public company, listed on the Paris stock exchange, and I won't
trouble you with what U.I.I. stands for because it is all in French.
Sefrius is engaged in a variety of activities. I think must notably we are
developers of a large project in Boston, a mixed -use project in downtown Boston,
known Lafayette Place.
Mayor Ferro: Mr. Pei, is this a French company?
Mr. Pei: Our parent company is a French company. We ourselves are an American'
company.
Mayor Ferre: You have an American base here?
Mr. Pei:I would like to express that we are not a typical real estate developer
in that we are largely concerned with urban projects of, shall we say, an un-
traditional nature. And we emphasize very much our urban planning approach, quality
of design and the joint working relationship that we established between the public
and private sector. It is something which many developers run away from. We do not.
We feel this is necessary to achieve the best results with whatever the particular
case.
Speaking for myself, T am vice-president of Sefrius and I have had, prior to
joining Sefrius, more that; 7 years experience in the public sector with develop-
ment agencies. I helped to f ou,' Sefrius in 1974, together with a man named Jacque
Tidset, who is French, of course, my guest, and Mr. Tisset is the president of
Sefrius, he is also one of the principal officers of our parent company, U.I.I. in
Paris. Mr. Tisset, together with our Chairman in Paris, Mr. Jean Claude ,
is one of the pioneers, if you will, of the French rea state industry, which they
and certain other people really created out of the ashe of world war II. And I think
it is important to note that prior to the early 50's in France, there was no such
business as the real estate industry to speak of,extending back through two world
ward and the intervening international depression. So it was men like Mr. Tisset
and who had to start from scratch. The forerunner of U.I.I. was a company
which Mr. created, called Sefri. You may note that Sefrius is Sefri--with
'us'tacked on the end of it. That is the derivation of our name. Sefii is now the
principal subsidiary of U.I.I. and our sister company. And it is a real estate
development company in Paris. operating. principally in France. I think Sefrius
first activity in 1953 is illustrative of what we consider to be some of the
hallmarks of the U.I.I. group, today, namely, innovation and internationalism.
Specifically that very first project was the development of 5,000 units of housing
for American armed forces stationed in France following the second world war. This
was a very complicated program. It was related to the Marshall Plan and needless to
say it involved a considerable amount of international inter -governmental relation-
ships. This type of approach carries through to the present day, and U.I.I. is one
of the largest realtestate entities in Europe.Among other things it is the developer
of the 3.4 million sq. ft. Montparnasse Tower in Paris, which is the tallest building
in Europe and which by the way includes an international -textile center. The company
Sefri grew rapidly in the two decades since the early 50's and is now largely owned
by major French institutions, insurance companies, and bank in particular, and that
took place when it was sold under Mr. Arront's direction to U.I.I. in 1972. Since
that time, U.I.I. has expanded on an international scale. We are now involved in
additions to our company here in the United States, in Iran, Brazil, North Africa
and the Soviet Union. In the Soviet Union for instance, we are developing an
1800 room hotel on a turn -key cut back for the Russian government for the 1980 Olympics .
In Iran we are involved, among other things, in development of housing, and the
development of the Iranian World Trade Center in Tehran. The permanent capital
41
MEM
MEM
MEM
MEM
MEM
base of :WV is on the order 60 tlillioh dollars,
impressive Mr. Pei. What exactly can we do today for
Mayor Ferre.That is very as what your recom-
mendation and Mr. Manager would you kind to bring us up-to-date
is here. Commission,
of the group, Mr. Mayor and members of the
efCity
aClishing
Mr. that theye: initiatee proposal ossibility close to
is World Trade Center,discupossibns ly inthearea ooftthe Dallas Parko Ro tel, clo.
a Miami conpossibly you know, we are hoping
the conference convention center which could get approV� from the City Com-
So what they would like I think, is if they authorizes the City to
mission of the resolution that you have, which basically
deal with them on the possibility of establishing,--
__,is a resolution
Mayor Ferre: This is nothing final. All this resolution do, Trade Celu Inc.n
authorizing the Mananger to begin discussions with Miami World
concerning
Cityparticipation in the possible development of a World Trade Center
in the area of the city -owned Dallas Park complex.'
Mr. Grassie: That is correct sir.
Mayor Ferre: Let me ask under discussion. The Miami
sthat World gate d Tade Center Inc., - -
this is the corporation you were talking
Mr. Pei: Yes. This COoration is composed of Sefrius Corp. of New York, Execu-Center myself.
International Miami, y
Mayor Ferre: Are you the ones that holds the World Trade Center permit.
.
Mr. Paul:Mayor, we are. If you look at the letter that Gu�tTe package
President
Yes, Mr. t of the World Trade Centers Association has written, am
ong of papers.
Mayor Ferre: I don't have them. packet that
the 3rd page in that
Mr
. Paul:eZ believeRev.
Gibson
The°uld Cithave
Manager will present that.
you are looking
question is, Mr. Manager, haVe you looked at
Mayor Ferre: I think the key q 22, to Peter F. Paul,
Mr."Tozzoli's letter? Let's read it into the record:'July
am happy to inform you that the Boaz d of Directors of the World
Trade
Peter, I roved the application of the Miami World Trade
rade Centers Association has approved Center Inc. for exclusive Associate membership in the Association. This means that as long as you remain a member in good standing and make steady progress policiestowards
toarof the
organizationfor
the establishment of the Miami World Trade Center, consistent with the
World Tade Centers Association, the Board will not accept any other
membership
that seeks to establishta world
of trade to terc n Miamsi. Iowelcome
oouplanned
project in Miami to the growingelyosin the months
all over the globe, and I am looking forward to working closelTiwith the you enters Assoc.
and years ahead. Best regards. Guy F. Tozzoli, President,
New York City, One World Trade Center.'
1+irs. Gordon: Mr. Grassie, we are not obliging ourselves any expense at this
juncture, is that correct?
Mr. Grassie: That is correct Commissioner. Z would like you
Mrs. Gordon: Even to a finalizing of any agreements of any kind?
to know this is something I would have to look into a lot more, but I am willing
to have the Manager for discussion purposes,---
Mayor Ferre: In voting let me say, I have been aware of the various discussions
ablegs of the
ya World Trade Cof th To
seistis Watsoneof Isl de which we kindtofle that we accomplishedetoddy.
trying to build. One of the g eventually will
The second leg is the Convention/Conference Center. A third leg
hopefully an auditorium and exhibition center, which would tieeV ntohtthis,
eaerybody
d
a World Trade Center. Together, ladies and gentlemen, en ntth ug. ee are
seemly is building
seems not be noticing what we are �nepiocesaoeificiently, intelligently, and with
building Interama in Miami slowly, 42
JUL 281977
/14
associates, with people who know what they are doing, who ate proficient at
their area of expertise. Mr. Pei, to you, our gratitude and welcome, you Mr.
Peter Paul, your dedication and interest, you have travelled around the world
chasing after this. I frankly didn't think you could do it. You did do it. My
congratulations to you and I certainly wish it all goes forward very well.
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 77-619
A RESOLUTION AUTHORIZING THE CITY MANAGER TO BEGIN DISCUSSIONS
WITH MIAMI WORLD TRADE CENTER, INC., CONCERNING CITY PARTICIPATION
IN THE POSSIBLE DEVELOPMENT OF A WORLD TRADE CENTER IN THE AREA
OF THE CITY -OWNED DALLAS PARK COMPLEX
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
Mr. Pei: I would like to add one other element for the Commissioner's benefit.
We have been discussing with the City architects about the progress of a con-
ference convention center. And in our discussion with the City Manager, we would
like to progress as quickly as possible in order that in the event we find there
is a common ground to work with the City, we could inter -phase with Phase A of
Conference/Convention Center development. So we hope to be able to come back to
you on that.
Mayor Ferre:Mr. Pei, let
which is no stranger to
your American subsidiary
Center, and I don't know
remain interested in our
me ask you a question. I notice that your company
anybody who know something about development. But
has taken out the plans for our Convention/Conference
whether you are at liberty to say anything, but do you
convention/conference center?
Mr. Pei: We are of course extremely interested in the progress of the planning
there, since it will have a great effect on a world trade center which might
be located near it. As far as .becoming involved directly in that, we have not
excluded that but at the same time I cannot say affirmatively that we are pursuing
that.
Mayor Fevre: Thank you very much. And my warmest regards to your father.
Mr. Pei: Thank you very much.
14. FIRST READING ORDINANCE -GATE NEW DEFT OF TRADE & C& vERcE PROMOTION
Mayor Ferre: Item 17, creation of a new department of trade and commerce,
appointment of director, prescribing the functions and duties of the department,
this item came before the City Commission on July 14, and it was requested that
the ordinance conform with the affirmative action mandate, City Manager recommends.
Mr. Mananger perhaps you might be able to lead us on item 17 then we will recognise
you.
Mr. Grassie: Yes, Mr. Mayor, in front of you you have a memorandum from Mr.
Crumpton whose area of responsibility this would fall. He has described for you
in the memorandum, some of the intent and purpose of that department and would
propose that we establish it now, in order to carry out the intent of the City
Commission that has been outlined in two community development programs for the
past two years.
43
-nil 0 12 1077
11111111
tilyar Vette: Mr. Crutpton do you Want to add anything to this?
W. Crumpton: No, Mr. Mayor, all that is before you, is augmenting the pre-
sentation that was made on the 14th, and you have a copy of the amended ordinance,
that was suggested at that time that includes in the ordinance a reaffirmation of
the commitment of the city to a policy of affirmative action, embodied in the ord.,
inance itself.
Ms. Cecilia Allman: My name is Cecilia Allman, I am with the Greater Miami
Chamber of Commerce staff. Our executive committee met yesterday and I hand
delivered to all of you a copy of.their statement from yesterday on this proposal.
if it is proper I will read it into the record.
Mayor Ferre: Would you please?
Ms. Allman: 'The Greater Miami Chamber of Commerce at its executive committee
meeting on July 27, discussed what we have learned from the press about the proposed
economic trade and commerce development agency for the City of Miami. As we have
not had an opportunity to review the details of the proposals, we cannot comment
specifically on the elements or even to a great extent on the concept. We do applaud
the dedication and resources to trade and commercial development efforts and certain.',
agree that they are badly needed for the economic recovery of this area. The Chamber
through its Greater Miami organization, has a great deal of experience in dealing
with the everyday management of the marketing efforts necessary to create jobs in
this community. We will be delighted to share our experience with you in the form
of a reaction to this proposal as soon as we have available a copy of the proposal
and an opportunity to review it. Our initial reaction is that the addition of an
additional professional staff is not as critical as the application of resources
through existing agencies or in the purchase of services such as advertising. How-
ever those concerns may have been answered in the proposal. There exists a great
need for overall planning and evaluation and coordination of all these kinds of
efforts throughout the southeast Florida region. Maybe the city could be a catalyst
to begin that kind of effort. It is our executive committee's specific recommendation
that money be allocated to the overall economic development process, but that money
may not be committed to a specific proposal until a coordinated program can be developed
that may not even require the addition of another bureaucratic agency within the city.
We will discuss this further following your meeting of Thursday and our opportunity
to review the proposal. It is signed by Lester Freeman.'
Mayor Ferre: I might say to you, I don't know what the will of this commission will
be. We have one commissioner absent. We have to wait for him before we can move
forward on it. But whatever happens here, if it gets defeated, that is the end of
it. If it doesn't get defeated, then it would pass on first reading. That means you
will have until September to study,and I would like, for the Chamber, if this thing
does pass, to look into this and give us your best advice. We always welcome your
recommendation. So tell Mr. Freeman and Ms. Bellamy that we welcome the input of
the Chamber. This Commission always does. Thank you.
Mr. Manager, I think you need to describe a little bit more thoroughly than what
you have. I don't think you need to defend this statement, but I certainly think
you need to describe how much is it going to cost, where we are going to get the
money,what exactly are the multiplier effects of it, how many job do you expect to
create. I am very well aware, in Puerto Rico, of course, Fomento was just this.
Fomento over many years created 135,000 jobs, but they had very specific budgets,
and very specific goals to be achieved. I think we need some definition of that
today if you expect us to vote on it.
Mrs. Gordon: Mr. Mayor you said Puerto Rico, you meant the country. Not the City
of San Juan, specifically?
Mayor Ferre: The Commonwealth of Puerto Rico has an office of economic development.
In the United States, the economic development pattern started first in the City
of Milwaukee where Mayor Henry Meyer, perhaps the most distinguished Democratic
mayor, certainly the most enlightened with regards to racial relations and economic
development. He said we are going in a circle because most of you commissioners, and
he was speaking about his own commission, as you know Milwaukee is a mayor/manager
form of government. Oae day about 15 or 20 years ago, he said, you keep objecting
to all these things and you want to do the same things over and over and over. You
are scared of going into new things. You want to spend your money with the police
department and with the collection of trash and with fire protection, and building
11117
Mr
uf pants and all that, and you don't realize that What you ate doing is, you are
getting yourself into an economic spiral that has no return. What you do is, you
say let Washington worry about it. Let the State worry about it, and let the Chamber
of Commerce worry about it. Well, here in Milwaukee, people of Milwaukee want the
City of Milwaukee to worry about it. So he established an Economic Development office
which perhaps has been one of the most successful programs in the United States of
attracting clean industry, commerce, and through that, an association was created.
Now the majority of not only big American cities, but progressive American cities,
--Atlanta, Philadelphia, Baltimore, Dallas, Los Angeles, has a very dynamic economic
development office. It isn't small. It isn't just -ne place where somebody answers
phone calls and with a secretary, --it is an office that develops and helps to create
wealth. It puts building and industry into the community. Clean industry in our case.
Then we go out and tax that, and as we get the taxes out of that, then we can come
back and do things. This is the type of thing that Culmer needs. This is the type
of thing Wyndwood needs. This is the type of thing Coconut Grove needs. This is the
type of thing the Little Havana area needs. Let me tell you how this comes about.
I had the misfortune, after serving in the National Conference of Democratic Mayors
and leering from Henry Meyer and the Richard Daily as to how important economic
development is in their city, and when I was asked about Miami I was ashamed to say
that I had never even heard of economic development. That's how backward we are.
We haven't even heard of it, much less made the first step. I would venture to say
that out of the 20 major American cities, that at least 70% of them have major economic
development offices. Miami, we don't even know what it is. That's how backward we are.
Let me tell you what happened. I had the misfortune of visiting with our man in
Washington, Mark Israel, who is our representative in Washington. I went one day
to E.D.A. for economic development, and I said, I am the Mayor of Miami and we
are here asking for money for bricks and mortar. We want to maybe start a commercial
center in Little Havana where we can help with the private sector and maybe have all
the cigar factories around this place. And we can have restaurants and make a big
tourist attraction out it. He said Mr. Mayor that is a great idea but You know, your
representative came here and said you didn't need anything in Miami. I said what, ----
who said that. He said let me get his name out. It was somebody so-and-so, Metropolitan
Dade County. He said we just funded as you know some money for Shell's City, for
bricks and mortar, but we were told that was only need that the community had. I
said let met tell you something. There is a difference between Miami and Metro.
Metro may not need anymore money for bricks and mortar but the City of Miami does.
Now, why haven't we done anything abuut that? You know why we haven't done anything
about it? Because we are too busy with a budget, and we are too busy in negotiations
or the lack of negotiations, with the Fire .nd Police Departments, or revamping the
Human Resources or worrying about Civil Service, or the Police Department, or Watson
Island, or the Convention Center, and all the other things we are in the middle of.
And ladies and gentlem ent there is only one way we can do this. That is by having
the courage to lift ourselves up by our bootstraps like other cities are doing.
It isn't pie in the sky, that the Mananger is talking about. It is honest -to -goodness
dollars and cents, that we have to put a little bit in the ground. Ycu know, when you
get those of you that are farmers,I am not a farmer, but I know when you get your corn
crop, you have to keep some seed. If you don't keep the seed, you can't plant it in
the ground. It is a waste when you put all those seeds in the ground, but later on,
you harvest. Now, that is what economic development in the city is. It is not pie in
the sky. It is not new. It is not something that we are just starting with. It is
something we have been into a long, long time. We in the United States. Not the
Commonwealth of Puerto Rico, alone, but many, many cities throughout the country.
Reboso isn't here, so we will have to wait until he gets here. Anybody wants to ask
any questions in the meantime.
Elizabeth Donelly: My name is Elizabeth Donelly. I am from the Beach. I am here
strictly today to observe. I noticed that you signed that paper without having your
attorney read it.
Mayor Ferre: Sign what paper, Mrs. Donelly?
Ms. Donelly: That these people gave. The letter, didn't you pass that around
and agree to it.
Mayor Ferre: I don't know what you are talking about. Are you tacking about the
World Trade Center?
Ms. Donelly: Yes, the World Trade Center.
45
OW-
EKG-
ma
I
El
Mayor 'erte: Nothing vas sighed.
Ms. bonelly: Nothing was signed. According to the letter there Was a sentende
there that said you would not have any other company participate. This is
really limiting yourself.
Mayor Ferre: Thank you very much Mrs. Conelly.
Mr. Gene Naples: May I make an inquiry please? What is meant by the affirmative
action mandate?
Mr. Grassie: I think that the intent Mr. Mayor and City Commission, in discussing
that in your last session, was to incorporate the city's affirmative action plan
in all of its terms as it is now being developed in its final form.
Mr. Naples: That is considered a mandate ?
Mr. Grassie: The affirmative action plan of the City is in general a policy
position of theCity Commission
and adopted ionce the itcwillnbecomeis oatmandateefor
it
is presented to the y Commission
city activities in all the details of that plan. Yes.
Mr. Naples: It will become a mandate?
Mr. Ernie Fannatto: I would like to ask a few questions. How many jobs i
going to create Mr. City Manager? Approximately?
Mrs. Gordon: Are you talking about the department?
Mr. Fannatto: What are the salaries going to be Mr. Grassie.
Mr. Grassie: There is a difference in economic development Commissioner between
job creations, which is the activity oftthe
dpamenande what
edh tink Tke .inFannMatto
is talking about, which is how many people aregoing t
employ?
staff of the staff of the department as contemplated as three persons plus a
secretary.
Mr. Fannatto: What are the salaries going to be?
Mr. Grassie: Whatever the normal salary range for the city for that kind of position.
Mr. Fannatto: That is going to come out of the community development funds?
Mr. Grassie: Correct.
Mr. Fannatto: I do hope one thing, that when we employ these people, that we take
local people. I don't want to see any out of town people come in here. We have
enoughto see
people invo
here,buloteaslotght here of peoplenade are d ing.We•haveoa'lott aof unemployed.
out off towner come
I would like to see the unemployed get priority.
I am going to say something else. There's too many friends coming in from out
ginst it.
of town, of different people got friends, and place them in positions.
I am going to continue to speak against it. I think the time has came, hen the city
f
of Miami officials have got to keep our expenses down and stop laying city
employees. We can't afford it anymore. You just can't keep
spendiendinglace you
without getting the money. And you don't have any money. The
get it is laying off more employees. I think we have had too much of that and
I think you folks should realize that the first thing, the people who got laid
off should be reoemployed.Let's'sire ellocalveal peopleafor local jobs. We don't
need the out of t people.
Mayor Ferre: Mr. Crumpton how much is the budget going to be on his.
Mr.Crumptan: The budget is projected to be $225,000.
Mrs —Gordon: How much will go for administration?
Mayor Ferre: For salaries?
46
,JUL 281977
tAlt trufij tone About 60% of it.
Mayor Ferre: Sixty percent of $2250000.
Mr. Crumpton: In the neighborhood of 125 to 128 thousand dollars. We have revised
it since this particular memo.
Mayor Ferre: Let me ask you this. Where does the money come from? Advalorem taxes?
Mr. Crumpton: No, sir, it comes from the Community Development block grand fund,
budget that was approved by the commission and the federal government, and allocated
$200,000. for economic development and there is a carryover from last year.
Mayor Ferre: Has the federal government approved this?
Mr. Crumpton: Yes, they have.
Mayor Ferre: Is this typical of what C.D. funds are used for in local government?
Mr. Crumpton: C.D. funds need to go more
activities.
and more for economic development
Mrs. Gordon: Why can't you have economic development activities within the framework
of our present city structure? Why do we have to add another department? Tell me that
and I will feel more comfortable.
Mr. Crumpton: You need
development activities
like to have jobs, and
are experienced and expert in the
and they are acquainted with them
and jobs to this community.
to have a few people on board who are experts in economic
. This is not just something you go out and say we would
ipso facto they are created. You have to have those who
economic development procedures and activities
across the nation so they can bring those activities
Mrs. Gordon: Why do you have to have another department? Why can't it be incorporated
in with our, --for instance our Planning Department is doing planning for the C.D.
funding. Why can't you hire an expert under the director of our Planning Department?
lib Mayor Ferre: Why doesn't the sanitation department do the po?.ice work?
Mrs. Gordon: Because that is an entirely different situation Mr.Mayor. You are
very facetious. I don't think it is at all a sim ile.If you are saying the policemen
are garbagemen, then that's what you mean.
Mayor Ferre: What I am saying is, each department has a purpose.
Mrs. Gordon: No, the Planning Department has more than a purpose just for zoning.
The Planning Department is supposed to be geared, and I am sure is geared to handle
all classes of planning for a city's growth, and development and redevelopment and
that includes economic development. I don't want to have an argument with you.
Mayor Ferre: I am just expressing an opinion. You have a right to express yours.
My opinion is, that cities that have brought in health industry in commerce, it
has not just happened. Somebody had to work at it. Money doesn't grow on trees.
People have to think and plan. It has to be done intelligently. You cannot use
a zoning department or Planning Department, that knows a lot about neighborhood
planning and go out and talk to the Xerox Company about putting up a distribution
center in Miami. You cannot have somebody go up to Canada and get a Canadian firm
Montreal to establish a Latin American headquarters in Miami and send up a zoning
expert. Or a policemen. Or a fire fighter. 0r a sanitation worker to do that. That's
the way life is. Let me put it to you specifically to show you what a bad job we
have done.
The City of Coral Gables has gotten 59 multi -national corporations to set head-
quarters in Coral Gables. Do you think that just happened? Oh, yes, of course. The
president of Gulf 0i1 came down, and he just decided he was going to move a major
headquarter to Coral Gables. There's 300 people working here with Gulf Oil. And
it just happened. No, it didn't just happen. They have a department. They have
a head. They have people. They have a budget. They fly up to New York, to Los
Angeles, and they have gotten people to come down here. We need to develop the
Culmer area. How are we going to do that? By sitting around and talking, which
4'7
is 'ail us seem to do? Or are we going to get it►to sotte action/
Rev. Gibson: Mr. Mayor I want to speak. I hear what you say. I read what is
here. Mr. Crumpton, what is here does not answer the issue I raise. You know;
I know how easy it is to put language into this business. I want to plan of
action. I want a plan. I am not about to let you fool me no more. I got too smart.
Once I vote on this resolution, I am going to vote now. Since that is to have a
second reading, or passage, if you don't bring me the plan, written out, man, I
ain't about to vote. I want to make sure everybody understand it. I don't trust
the way things are done. I want to make sure everybody understands that. Once you
get this department established, you tell,me to go to hell. And I want to go to
heaven. At least I want to go between heaven and hell.
Unidentified person: I have one—way tickets.
Rev. Gibson: I want to make sure everybody understands this, because I saw
something just now Mr. Mayor that I didn't like. I think we have to develop some
entirely different attitudes around here. Our attitudes must change man. We don't
have to act as if we scorn people, and all that jazz. Don't ask me what I am talking
about, because I don't want to embarrass anybody , but you trust me for what I am
saying. I want all of you that work for this city to start right now, change your
attitudes. I am terribly disturbed.about these attitudes here. As if when people
come here to speak to us, you tell them to kiss whatever you can, and go wherever
they may. Okay. That is as much as I want to talk about. That's as far as I want
to go, but I want you all to know I am watching you, and I want you to change your
attitude.
Let me make the final comment. Sometimes, if you can't change attitudes, you
have to change people. I want to make sure and put that in the record.
Mr. Plummer: I don't know if I want to talk after that. Bow many employees Mr.
Grassie are you saying are in this proposed department?
Mr. Grassie: Four, sir.
Mr. Plummer: I count 5 by Mr. Crumpton's memo. Who is right, and who is wrong?
Mr. Grassie: I believe he indicated to you that since that memorandum has gone
out, he and I have had a budget review session, which is part of the standard
process of reviewing the budget and that budget like every other has been cut.
Mr. Crumpton: Four people, at present, --
Mr. Plummer: If what you are telling me is correct, Mr. Grassie, I think for
this commission to vote on this thing without full knowledge, exactly what I
said before, full information, is ludicrous. What I see here, you are going to
eating up all this money and people and no action. And as far as I am concerned,
Mr. Mayor, let me tell you something, ---
Mayor Ferre: J.L. we don't have enough money in the world to do ,—
Mr. Plummer: If you can't do something right, by God, don't do it at all.
Mayor Ferre: Mr. Plummer you are missing the point completely.
Mr.Plummer: No, I am not. I think you are.
Mayor Ferre: May I?
Mr. Plummer: Surely. Please do.
Mayor Ferre: Economic Development offices,whether they are for the State of New
York or the City of Milwaukee, or City of Miami are nothing but a group of people
sitting in an office and traveling in airplanes and trying to promote and help
people develop economically in Miami.
Mr. Plummer: You didn't read the memo.
Mayor Ferre: Let me finish. For example, we have supposedly a garment industry
here. You know what has happened to our garment industry. It .is going down the
drain. What has the City of Miami done, if anything, to help these small business
4
people. Do you think that in the last 20 years, you can actualiy,(bthet than the
Cubans) say that anybody has done anything that amount to ptogtess in the City
of Miami, in commerce and development?
Mr. Plummer: Yes.
Mayor Ferre: Yes. We have had the Dolphins. We have Omni.
Mr. Plummer: Florida Power & Light is doing it.
Mayor Ferre: Florida Power & Light moved out of the City of Miami.twice.
Mr.Plummer: They are still bringing economic growth back into this community,
Mayor Ferre: Give me an example.
Mr. Plummer: What I am saying, and if you will read the memo, which I am now told
is not correct, it says here, this is not to be a private department. It is not
to be staffed with persons who will fan out all over the country and steal industry
and business from another. Now, you are telling me it is. Somewhere somebody is
losing something. All I see is the loss of $225,000. I am not opposed to economic
development. I am opposed to doing it in a fashion as I see it here. And that is
eating up the complete thing with people and not enough money for action. If you are
going to do, do it right. If you are not going to do it right, don't do it at all.
Mayor Ferre: J. L. what I am saying is, if economic development offices, whether
it be New York or otherwise, don't put their money into bricks and mortar, because
$225,000. will build you a build you a building 30 x 50.
Mr. Plummer: I didn't say a word about bricks and mortar. I said people. There is
a difference.
Mayor Ferre; That is what this is talking about. You need to have 4 or 5 people
that are trained to do this like Coral Gables. Listen, what I am asking for the
City of Miami, what the Manager is asking, is for us to do nothing less than what
Coral Gables has done.
Mr. Plummer: Let me see a budget from Coral Gables, let me see what their plan is.
What am I offered here. A pece of paper with one paragraph, detailing what is to be.
I don't know what you are doing. I know what you are trying to do, and T agree with
the concept.
Mayor Ferre: As far as I am concerned, if you want it, we can go another 20 years
of no action, typical Miami. That is why we are going in a spiral downhill. We sit
around and talk a lot about the things we are going to do, and don't get them done.
Mr. Plummer: That is not the reason. The reason is, and Mr. Grassie, if this is
personal it has to be, when you give me half information, half budget and half of
everything, that is why we are sitting around doing nothing. Either do it right or
don't do it at all.
Mayor Ferre: In my opinion, this is a matter much needed, long overdue, and as far
as I am concerned, let's see if we get a motion on it. There is a motion to table
this item.
A motion to table the matter was introduced by Mrs. Gordon and failed to
pass by the following vote: AYES: Mrs. Gordon, and Mr. Plummer: NOES: lir. Reboso,
Rev. Gibson and Mayor Ferre.
Mayor Ferre: I pass the gavel to Father Gibson, and I move that on first reading
this item be passed and the Manager be instructed to answer all of the questions
that Mr. Plummer has asked, to satisfy him. To bring the City of Coral Gables budget
up, to give all the answers, so that on second reading we can vote with the additional
information.
Rev. Gibson: Mr. Mayor I want you to add, --you don't have to add it because I
can do the other thing. I want the game planned. Mr. Grassie I want the game planned.
Mayor Ferre: I amend my motion to include the specifics as Father Gibson has outlined
here.
49
JUL 281977
ReV. Gibson: That does tot meat you ate going to tell sae you are going to bite
a director, and then an assistant director, and some secretaries, and one Ot
two analysts. I want it a little more specific than that. I have been bit, 1 have
been shot at, and I have been cut, and I bleed, profusely.
AN ORDINANCE ENTITLED:
AN ORDINANCE CREATING A NEW DEPARTMENT TO BE KNOWN
AS THE DEPARTMENT OF TRADE AND COMMERCE PROMOTION;
REAFFIRMING THE COMMITMENT OF THE CITY OF MIAMI TO
A POLICY OF AFFIRMATIVE ACTION; PROVIDING FOR THE
APPOINTMENT OF A DIRECTOR BY THE CITY MANAGER;
PRESCRIBING THE FUNCTIONS AND DUTIES OF THE
DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE;
REPEALING ALL ORDINANCES OF PARTS OF ORDINANCES
IN CONFLICT HEREWITH
Was introduced by Mayor:Ferre, and seconded by Mr. Reboso, and
passed on its first reading by title by the following vote -
AYES: Rev. Gibson, Mr. Reboso and Mayor Ferre.
NOES: Mrs. Gordon and Mr. Plummer
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
15. PROPOSED LEASE AGREEMENT — hERRILL STEMS; DEFER CONSIDERATION
AND INSTITUTE ECONOMIC STUDY.
Mayor Ferre: Take up Item 33.
Mr. Fosmoen: Mr. Mayor, we have been having staff discussions for some time
with Merrill Stevens over several issues. First is, or it precipitated that the
conversations was, a difference of opinion on property taxes between Merrill Stevens,
Al Blake and the City. That has led to some further discussions with Merrill Stevens
about the possibility of a longer term lease. There are representatives here from
Merrill Stevens to make a presentation to you and we are suggesting that the Com-
mission authorize the Mananger to begin negotiations with Merrill Stevens for a
longer term lease on the basis of their presentation today.
Mr. Fred Kirkland: Mr. Mayor, Honorable Commissioner, my name is Fred Kirkland,
I am president of Merrill Stevens Dry Dock Company and we are actually motivated
today to come before you seeing that the neighbors to the north of us, as well
as the neighbors to the south of us, have actually been successful in negotiating
a 30 year lease, and being consistent with the development of the Master Plan, we
still have years to go on our existing lease. But in order to implement the full
Master Plan we would like to make the following proposition and show you some of
the changes we have in mind that will conform with the Master Plan.
This is the Merrill Stevens Dry Dock area now, and just to refresh your memory,
we go all the way to S. Bayshore Drive here and it has been proposed that the
area, the main artery road, will be entering from this one entrance from the
S. Bayshore Drive, and that Merrill Stevens this area from S. Bayshore Drive
back to a fence that would continue on an angle toward the old Coard Guard Building.
This would open up the full walkway all the way from the park up past the yacht
clubs. I think that is highly desirable. It is also indicated that the entire area
should be opened up to the general public. And in accordance with that, we have
planned four openings. They will be one main entrance here with a similar gate'
on this side and in front of the two hangars on the bay side will be a separate
gate opening here and a separate gate opening here. It is envisioned that we will
have a boardwalk which would be encompassed both in the Grove Key property as well
as the Merrill Stevens. This is a sketch of the intended boardwalk which would
allow the general public to move from this area, City Hall, right across the Grove
Key property and continue along this area all the way across Merrill Stevens,
into this general area here and this would be the old Coast Guard building here.
We have several ideas that we think would enhance the overall useability as far
as the general public is concerned. One is t e/addition of approximately 34 more
I%)
JUL 28197,7
Mt -
CO
0
11V-
solid concrete piers of the same type that were constructed by Merrill Stevetis
bout 6 or 7 years ago. And this will give you an idea in the general area where
these intended piers and docks would go. These have already been constructed about
8 years ago by Merrill Stevens. We are proposing the construction of concrete piers
for 34 more additional boat slips. I have a blow --up of that which will further
clarify. This is a little bit larger. These are the two existing hangars. This is
our existing boat basin and the 34 additional slips are proposed in this area.
There is a crying need for marina space. Consistently we have to turn people away
because we don't have the space to tie these fine yachts up. So we think this is
a good idea and we are prepared to move forward with the implementation of this.
We have also looked quite extensively into the advisability of a real seafood
restaurant in the area. And we have Mike Gordon here today who is preapred to
undertake a 'Mike Gordon South' , ------
Mayor Ferre: Mike Gordon South, ---Mike Gordon, you come up here. 1 have been
asking you for 10 years to put up a restaurant down in the south part of town,
and you have been telling me no. Now you come up here without even calling me
and telling me you are making a recommendation. I have been wanting to get you
south. I gave you the choice, Bull and Bear, Top of the Columbus, --any place you
want. But you like this?
Mr. Kirkland: Mr. Mayor there seems to be an area that would lend itself to this
restaurant. If we were to give up the property we have now, the same property
line comes to this point. By giving up some area in here, and devoting this to
a restaurant, it appears there is sufficient room there for the construction of
a restaurant. It would be approximately 250 seats. We have done some preliminary
planning on it. It can work. %e think it makes sense.
Mayor Ferre: Mike, the only thing that I would be worrying about, I hoped you
would come out with a better looking restaurant than that, with all due respects
to you. You ha,e a nice place up there where you are.
Mr. Mike Gordon:I just recently opened up a snack -shack on 79th Street, about
4 blocks from the original :estaurant. I want to run a sort of a snack -shack
operation there. Very reasonabi: food.
Mayor Ferre: In other words I can't go there and get a grouper sandwich? Or
a lobster?
Mr. Gordon: Yes. I have a menu.
Mayor Ferre: Can I put in my order. Sometimes it takes a long time.
Mr. Plummer: Let's see how that would look on the first map. The first chart up
there.
Mr. Kirkland: It would be in the area where we presently show green spaces
here.That boardwalk would tie into the complete boardwalktthat goes in front
of Grove Key Marina and we would intend that same boardwalk to go across the front
of the Coast Guard, --
Mayor Ferre: How do you get across the water.
Mr. Kirkland: You don't get across that water without building a bridge across
so the next best thing is to construct this type of boardwalk with a large gate
here, the same boardwalk going across the front of the two existing hangars and
tying into the same boardwalk that would go across Grove Key Marina's area.
Mr. Plummer: Where would you have parking?
Mr. Kirkland: Parking will be back in this area, but for the restaurant, we
would be dependent upon the department of commerce authorizing free public
parking in that coast guard property.
Mr. Fosmoen: I think the issue of parking has to be resolved through the lease
negotiations. What we are asking today is permission to begin negotiating the lease.
That is certainly one of the issues we have to work out.
Mr. Plummer: It was my understanding, that as proposed the walkway would be along
51
JUL 281977
•
thea,Vateriwalkway. That concept there is not the way I understand the walkway,
That is No. 1. No. 2, am I mistaken that Monty Trainer's lease, and the acquisition
of that property, and the payment to the City of Miami, comes from the operation
of the restaurant?
Mr. Fosmoen: That is correct.
Mr. Plummer: You are proposing to put another restaurant in there in competition,-...-
Mayor Ferre:Oh, come on. I thought you were the guy that went to Long Beach,
----how many restaurants did you find there?
Mr. Plummer: Thirty-three,-- and thirty of them going out of business.
Mayor Ferre: Come on, -----
Mr. Plummer: You asked me, I am giving you the answers.
Mayor Ferre: I see Spencer Meridith sitting there. You that when we went into
this thing, the idea was that we were hoping that we would get a dozen restaurants
in that area. Mike, you are in the restaurant business.
Mr. Plummer: Mike, excuse, I have no objections to restaurants per se. And
Mike Gordon, as you know I patronize you place. It is one of the finest. All
I am saying is, we are dependent upon the revenues of Trainer to pay us for
that property. Am I right or wrong?
Mr. Fosmoen: That is correct.
Mr.Plummer: You don't see that as putting us in jeopardy.
Mr. Grassie: On the contrary, Commissioner. In the restaurant business I under-
stand one good restaurant really make another one more viable. It is not a question
that your clientele comes from 3 blocks around, and one wipes out the other. On
the contrary, in fact, the good operation here may have some additional spinoff
from Monty Trainer.
Mayor Ferre: That is why Burdine's wants to be next to Jordan Marsh.
Mr. Plummer: Let me ask one other question. This thing to me was unfamiliar
in the backup copy about back taxes. Do I read that back taxes will be paid for
by the City?
Mr. Fosmoen: No. We are suggesting that that item has to be negotiated as part
of the new lease on this property. Let me see if I can clarify it.
Mr. Plummer: Please do.
Mr. Fosmoen: Merrill Stevens has been in court for a number of years over an
assessment on this property. It appears that the county assessor is willing to
settle for around 15 thousand dollars. Obviously, the city is going to get some
portion of that back tax payment and perhaps that's the basis on which we settle
on those back taxes. But at this point, we are talking about a concept and all of
the issues, most of the issues you are raising, I think would be negotiated. We
are not making any commitments to pay back taxes or to share in them. We are saying
that those will be addressed in the lease negotiations.
Mr. Plummer: The other question I wanted to ask is a general question. Has this
as the rest, been submitted to the Marine Council for their inspection and comments?
Mr. Fosmoen: Marine Council?
Mr. Grassie: No, Commissioner, assuming that we come to enough agreement so that
there is some likelihood that the project will go forward. In effect we are going
to have a project, then we would do that of course.
Mi. Gibson: Let me raise two questions. I remember so well, ----let me deal with
the taxes. You know Merrill Stevens took us to court. Isn't that right??
Nr. Kirkland:Not over any taxes, Father.
JUL 281977
Mt. 1'osthoen t Over the lease.
Rev. Gibson: And the reason you didnq pay those taxes ybu were suppose'
is, you were in court. Isn't that right?
Mr. Kirkland: No, sir. The two are not related. The only reason Merrill Stevens
went to court was to protect a 10-year option, which was negotiated and granted
to Merrill Stevens at the time we constructed $300,000. worth of concrete piers.
We needed the 10 year option to finish paying for the piers.
Rev. Gibson: I might have my story a little twisted. But I remember you all gave
us hell in here when we were dealing with that gentlemen over there. Do you remember
that? I have a long memory about people who come up here. No. 2, I want to say to
this commission I think, like Plummer, I think if you are going to do what you say,
what you are proposing, if you want us to take some action or to think about it,
I think we ought to make it known to everybody, 'beware of Athenians bearing wreaths.'
I am getting worried about giving me the right to negotiate. Then when you come back,
this staff has the greatest capacity of telling us, we are in this position and
this is sealed in stone.
Mr. Mayor, where are you? I am disturbed' about another thing. I have to put all this
on the table. I believe that we need to get about the business of offering, --if you
want, Mr. Mayor, ---I want to make sure you hear me, you and Mr. Grassie, because
what I am going to say is going to touch on Mr. Grassie. When I say Mr. Grassie,
you know the staff is under you, it is not under me, I help to set the policies
even though sometime the policies, are,---- It seems to me, that the people have
been talking about getting this marina facility in shape. Mr. Grassie said to us,
(I don't know if you remember it), we want to write some criteria. You remember that?
Plummer says a true thing. Maybe why a lot of these people die, is because an awful
lot of people who don't really know the industry, are saying what ought to be. So
they end up with a noose around their necks and strangle themselves to death. I
want to make sure that all of the people who are doing business up there, know
that this is being discussed and will be dealt with. I am not going to vote for
nothing unless I get that assurance, that everybody knows. That's the way we did
that other thing. NO. 2, after you get through making sure that I understand that
I'll vote, and No. 2 I want to make sure that we instruct the Manager and staff
for the next 30 days to go out and ask for proposals which will give us some fresh
look, fresh ideas and do what Plummer says about this marina facility around here,
and quit tying it up for the rest of our lives, waiting, waiting. I move that we
do not take any action until all of the people who do business out here are notified
that this is comtemplated and they have an equal opportunity to increase or decrease,
or let you do it by yourself. I want every body to be knowledgeable. I don't want
anybody to come up and say I didn't know. That is important because I remember
the argument about that 10 year lease you know. That's my motion.
Mayor Ferre: Your motion is, that we, for a 30 day period, try NO. 1 that we let
everybody know as to what we are attempting to do.here by giving it more publicity.
Rev. Gibson: Right.
Mayor Ferre: Secondly, trying to get others who might be bidders, or interested in
this, to come in here and came up with ideas.
Rev. Gibson: Right.
Mayor Ferre: And subsequent to that, then we would proceed in authorizing the
Manager to negotiate a lease agreement and come back to the Commission, to pro-
vide full service of the marina facility. Is that the sense of it?
Rev. Gibson: That is the sense of it.
Mr. Grassie: Clarification Mr. Mayor.
Mr. Plummer: The other point, is not addressing itself to this particular location,
the other point that Father made. That will have to be handled in a separate motion.
Mayor Ferre:What is the point of clarification?
Mr. Grassie: Do I understand we are talking about the property now leased by
Merrill Stevens?
53
JUL 281977
•
Mayon Ferret 1e can't do that because they have a laASeb
Mt. Grassier I am asking a question.
Rev. Gibson: They want a new ballgame.
Mr. Plummer: We are going back to the court suit, or we ate going to forget
about it. That's it. They came in here and they took the prerogative, when this
city tried to do that whole waterfront, they were the ones who took us to court
to stop us. If they want to come in here, and they want to do something, and they
want to renogitiate, then theey
are of losingg their neck right on the line, because
they are going to takeE h
Mayor Ferre: As I understand it, Merrill Stevens has a lease for 8 years?
Mr. Kirkland: It started out 10.
Mayor Ferre: What you want is a 30 year lease. Is that right?
Mr. Kirkland: Mr. Mayor it is going to cost a considerable amount of money to
construct concrete piers and to do these revisions.
d
Mayor Ferre: Let me tell you
where
are
getat.
competitive bids if theyt us to go outhavedaelease
and get competitive bids. But how can we
on it for 8 years.
't do
Mr. Plummer: I will telle stay do t. r 8 ore ears they
anything without it. They justliketheyare.When they went to
and fought and got it,that' s what they got.
Mayor Ferre: I think that is cutting your nose to spite your face.
Mr. Plummer: No, we didn't file the lawsuit.
Mayor Ferre: Bey look, they are bad boys. I accept that. But that is all done
and over with.
Mr. Plummer: No, that dog tail wags both ways.
Mayor Ferre: You are telling
this community you are willing to leave that thing
in the horrible shape that place is in, the way it looks, for another 8 years
because they took us to court and did all these things.
Mr. Plummer: Maurice, you have a very short memory. This city was the one who
said to them, we are trying to beautify south Bayshore. We want to do things in
that area. And they said, no, no, no. We have another 8 years on our lease. The
city said no you don't you have an option.
Mayor Ferre: We are going to rub their nose in it.
Mr. Plummer: They did it to us.
Mayor Ferre: Therefore, we are going to do it to them.
Mr. Plummer: I am saying we are giving theta an option. They didn't give us an
option. They took us to court.
Mayor Ferre: I want to tell you I can care less, frankly with all due respects
to Lester Johnson and Mr. Merrill and
oethemybody selvesnvoAlnvan•electedcould
off icialcare sofathis
them personally. They can take care f
city I do feel I have an obligation to improve things if I can. Now, whether I
like it, --whether I like Merrill Stevens orI don't
tlike
ke,Merrill Stevy aenss, theyt
have a lease for the next 8 years. We can just
sit there, and we can cut our nose, spite our face, and let that thing rot there for
8 years. The other alternative io tsomethingit efors tit,ei.fiwhat we get iss to try to gmore than
rade that
area if we can, If we have to give
what we give, I am willing to forget all the bad stuff.
Mr. Plummer: That is fine Maurice, but let me tell you what you are forgetting.
All we wanted basically to do was the front. We wanted to take it over and do the
54 J U L 2 81977
EU-
rat
entire ptoject. And this is what 1 would call having your cake and eating it too:
tic*, that somebody else has come in and agreed with the City to do what the City
wanted, and we gave them the right to do 30 years, if you want to use the terminology
'because they were good boys', ---that's fine. Now, all 1 am saying to you is, when
you come in here, come in as Father says, with a full package. Don't come in with
pretty pictures.Came in and tell me what you've got. Come in here, when you do, with
clean hands.
Mayor Ferre: Are you willing to take a chance that you would be successful
bidder and open up your eight year lease, with competitive bids for others to
come in?
Mr. Kirkland: I can't answer that at this time, Mr. Mayor.
Mr. Plummer: Why would it be any different than what they demanded when Grove
Key came up? They wanted to gobble up Grove Key. They said open it to public,
bidding. Am I right or wrong?
Mayor Ferre: And we did.
Mr. Plummer: Mr. Grimm, did they come in here like a big gobbler? Now they
t don't want to open up.
Mayor Ferre: Grove Key only had a, -----how long was ycu lease?
Mr. Spencer Meredith: I am Spencer Meredith, Grove Key Marina, Mr. Mayor. k'e'
started out with a two-year, plus the two -year, ---
Mr. Plummer: Two and two, ----
Mr. Meredith: Ab you recall, when we came in, we came in as a result of com-
petitive bidding and on the basis of performance and coming to the commission
and making a variety of proposals over a period of years, in the ensuing time,
in making commitments to spend certain money and do certain things the commission
gave us continuing e:.tnntion. I think the same thing was true in the case of
Monrty Trainer, where again he got his bid on the basis of competitve bidding
and he came in and made an our.tanding presentation to the Commission, totally
clear to everyone what was involved in each case.
Mr. Plummer: I don't consider Monty Trainer is in the same boat with you and
with them. Monty Trainer primarily is a restaurant with accessory of a boat dock.
You primarily as I understand it, are in the boat business, and accessory is the
restaurant.
Mr. Meredith: That is correct.
Mr. Plummer: Monty Trainer's is an entirely a different ballgame because through
the negotiation and through the package we are going to acquire the property. Your
property and their property we already own. So it is not the same ballgame.
Mrs. Gordon: I have to bring out another point. I think Mr. Plummer has made
a very valid point and I think one that should concern us all, whether or not
the City will ultimately own the Monty Trainer property depends upon Monty Tranier's
being able to survive in that area. I believe an economic study ought to be per-
formed before we go any further with granting any further competition on City land.
Mayor Ferre: Maybe we can use our new economic development office to do it.
Mr. Plummer: Oivay.
Mrs. Gordon: Maybe that will prove why you need one.
Mr. Grassie:Just for clarification Mr.Mayor we should point out again as I
did when you talked about the Monty Trainer deal, that the city's commitment
to pay is without regard to what happens to Mr. Trainer. Your commitment to pay,
does not depend on whether he pays the city.
Mr. Plummer: But where is the City getting the money from?
Mr. Grassie: Well, Commissioner, either he, or somebody, hopefuily.The point
I am making to you, sir, is, as I told you before, the City is commited to pay for that.
... ::,. JUL 281977
Ir. Plummer: Mr. Grassie 1 am well aware of that, when I voted for it. I am also
well aware that if he does halfway good, the taxpayers are not going to be picking
it up. Mr. Trainer is going to be picking it up. Am I correct?
Mayor Ferre: Let's move along. We have a motion and a second. I am going to repeat
it in a second, but before that, really, J.L. very sincerely want to say that in
most areas where you have restaurants developing in new areas whether it is fisher-
man's wharf, or Long Beach or what have you, in California. There is no question
that the best way for economic development in the restaurant business is to have
a lot of quality restaurants together, so that people will drive down from Ft.
Lauderdale, or drive up from Homestead, to enjoy the amenities and have the
amplitude of choice. That is why shopping center are successful. It isn't that
Burdine's just goes off alone and puts up a store. They put 20 stores together.
Because that really, believe it or not, helps Burdine's and it helps Jordan Marsh
and they all like to be in certain areas. And in the reataurant business, it is
even more so. Do you think somebody like Mike Gordon, as conservative as he is,
would put a restaurant on the waterfront in Dinner Key, if he didn't think that he
was going to beat all his competitors and have the best food, as the best price,
and the best service. Be is not worried about what the next guy is going to have
next to him. I am going to tell you something. I am not worried about Monty Trainer.
He will take care of himself.
Let me repeat the motion. Make sure I have it right, Father. The motion, you stop
me when I say something wrong, is conditional. It is that Merrill Stevens, must
respond, --it is a series of steps, Merrill Stevens must agree that, so they
can get an extension of their lease, they must open up their property for competitive
bidding, and that after we advertise property, we come back here, --it is all depending
on your agreeing to do this, then the Mananger would look at the proposals and come
back and recommend the same way you have in the past, and the commission after a public
hearing would select. Is that correct?
Mrs. Gordon: Include an economic study in that, to show the feasibility.
Mayor Ferre: Including an economic study, --you can have Gladstone Associates,
or somebody else come in and say that restaurants are going to be good in the
area.
Mrs. Gordon: Something more specific than just saying, --back it up with figures,
statistical information that we can analyze whether or not we should or should not
have another eating establishment. Again, I probably like Mike Gordon's fish
better than anybody's in town, I do, but that has nothing to do with the issue
before us.
Mr. Plummer: I am trying to find Mr. Grassie on the agenda, (I know it is here)
about the marine study,.where is that?
Mr. James C. Merrill: My name is James C. Merrill, president of Merrill Stevens.
I understand your feelings, Mr. Plummer, and I wish there was some way I could
convince you otherwise, but I think we are overlooking one of the most important
things, if you will forget the restaurant idea for a minute, and that is the taxes
on this land. We think, or thought we had worked out a plan with Mr. Blake of
the tax assessor's office, which encompassed this drawing. We have to get back to
him soon. When I say we I mean Merrill Stevens and the City of Miami, in order to
relieve both of us of taxation. I don't know how to directly explain that to you,
and if I can I would like to unload that on Dick Fosmoen aver here, to explain
unless we work out something or changing our boundaries, and opening up to public
access, we are going to be taxed and the City of Miami is going to be taxed. That's
what he has told us.
Mr. Plummer: Is there any reason why tomorrow morning can't open to public access?
Mr. Merrill: We think we have it now.
Mr. Plummer: I am saying, there's no reason I know of you can't put four gates
pn that place tomorrow morning.
Mr. Merrill: This is very true, but in so doing, we have to give up the Bayshore
Drive property, and we have to carve out a piece of the land that we now have
under lease and make it a green area.
56
44,
6
Mr. Plummer: That's what the City tried to get you to do before,
Mt. Merrill: The City never asked us to do that.
Mr. Plummer: We were trying to do the entire Bayfront property. We tatted to
make a continuous strip from the park down here to the park down hetes --r'
Mr. Merrill: If so, I wasn't here at the time.
Mr. Plummer: I agree, you were not.
Mr. Merrill: My main object is, that before, No. 1, no, wes.are not will to
put, as of today, or next week, to give up our 8 year lease and put it out
to public bid. So you don't have to worry about that in your motion. The
next
thing is, if we have to have something to take back to Mr. Al Blake, to thive
s
the terrific tax burden, that will be placed e on us.That is what triggered said, this
whole thing. So when he talked about this g t
a minute. As long as we are going to do that, why don't we go ahead and improve
the whole thing, and go along with what we thought was the Commission's wishes
is to have a series of restaurants, down the bayfront, to make it more exciting
to the public. Before you move on this motion, I pray you will take into con -
come
ck
nd
sideration btatax movengle f urtherst. Then down thewe line11Butt theataxathingtisnto this importantrto,
That wouldld be e
both of us now. Am I right?
Mayor Ferre:Mr. Manager we have a motion and a second for us. You want to give
us your best advice now and we will vote.
Mr. Grassie: I think implicit in Mr. Merrill's comments is something that may
have escaped our attention and that is, that if they lose a tax case on city
leased property, the city loses and it loses not only in this case but it loses
in terms of precedent for every other piece of property that we lease. It is because
of that that the staff has been trying to devise a solution. We are trying to
work the city out of a problem which we have worked outselves into oeeriasperioes
of the last 20 years. Not just on this property but on a lot of proPo wtie you
change. State laws change. WE are in a new era, and we are trying
out of a problem. That's all we are suggesting.
Mayor Ferre: What is your advice to this rommission?
Mr. Grassie: My advice sir, is, if the general outlines inesothatyt
f t thi
particular
company is proposing are sufficiently interesting
ysuou u s atw useta
continue the negotiations with them, and bring you t banagreement to
don't like, seere
whether you like it. Obviously, if in the final analysis you
is not agreement.
I will
ss my
ion,
that Ferre:mWe have aagainstsufficient
the motionthis
andtwith•the Mana genes advice, that I am going to voteg
can do whatever they thing is right.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 77-620
A MOTION DEFERRING CONSIDERATION OF NEGOTIATION OF A
LEASE AGREEMENT WITH MERRILL STEVENS TO PROVIDE A FULL
SERVICE MARINA FACILITY UNTIL ALL ADJACENT AFFECTED PERSONS
HAVE BEEN NOTIFIED OF THIS PROPOSAL, INVITING THEM TO
APPEAR BEFORE THE CITY COMMISSION WITH THEIR COMMENTS
AND IDEAS AND STIPULATING THAT MERRILL STEVENS MUST, IN
ORDER TO GET AN EXTENSION OF HIS LEASE, OPEN UP HIS
PROPERTY FOR COMPETITIVE BIDDING. AFTER PROPOSALS HAVE
SEEN RECEIVED, THE CITY MANAGER WILL EVALUATE THEM AND
REPORT $ACK TO THE C1TY COMMISSION
5"1
JUL 2 81977
e=
_
Upon being seconded by Commissioner Plummer, the motion tins p
and adopted by the following vote:
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso.
NOES: Mayor Ferre.
ABSENT: None.
Mayor Ferre: The motion passes, and it is up to you now, I guess to make your
decision and let the Manager know how you proceed.
Mr. Plummer: I will tell you what I would like Mr. Fosmoen, I would like a copy
from you, since it is not incorporated in anything we have before us. Your ideas
or what your thinking is, in reference to the taxes,I have nothing on that in my
portfolio.
Mr. Fosmoen: The reason that you don't have anything on it, Commissioner, because
it is an issue that needs to be negotiated. And I don't want to lay out the whole
strategy before we had permission from you to negotiate.
Mr. Plummer: You answered the question. .
16, APPOINT COMMITTEE TO STUDY SOU HE BELL' S PROPOSED RATE INCREASES
AND ADDITIONAL CHARGES.
MayorTerre: Next item. Mr. Fannatto, what can we do for you?
Mr. Ernie Fannatto: Mr. Mayor, I would like to say a few words in reference.
to this court case.
Mayor Ferre: How much time are you going to take Mr. Fannatto.
Mr. Fannatto: I will take 4 or 5 minutes.
Mayor Ferre: I'll give you 5 minutes under the clock.
Mr. Fannatto: Honorable Mayor, members of the Commission, Ernie Fannatto is my
name, President of the Taxpayers League Miami and Dade County, and the Homestead
Tax Exemption League of Dade County. I think you as Mayor and the Commissioners
realize the people in the City of Miami and Dade County have been hurt by the
public service vote on telephone bills, and increases in telephone rates. I would
like to say a few words on that.but before I do, I sent Mayor Steve Clark a letter
----I mean a telegram telling him to fight these rates in the supreme court. And I
also mentioned to his secretary Adele and to Dick Knight, his assistant,that four
or five of the big cities in Dade County should join in the lawsuit, because they
are just as much interested as Steve Clark and Metro is. I think it is a county -wide
project, but I think the City should be involved for impact and effect that it will
have in the supreme court. I think the rates are outrageous. Let's start with the
10c calls going to 25c which is 150% increase. Let's talk about the 15c directory
assistance charge that is ridiculous because 60 to 70 percent of the people over
65 can't see the fine print. I want to talk a little more about the fine print.
The telephone company has brought on most of their troubles.Because this fine print,
in the telephone book, that the people can't read, let the people call the operators
up, and cause them big expenses and ties lines up. But they want to use fine print,
and the know the average person, 'especially senior citizens, can't read the fine
print, and say you are going to have to pay 15c for directory assistance charges,
which they never paid before. You, Mr. Mayor should take the lead and the commissioners
should appoint a committee. I have already told Dick Knight, and he's Mayor Clark's
assistant, that when I spoke to him about it, that I wanted 5 of the major cities in-
volved. Again I am going to repeat, for impact and effect to the supreme court. We
don't just want them to know that Metro is in this. The whole county is involved
in it. And the people can't afford these rates plus the high telephone bill. I am
sure you will win. The directory charges is the worst, because no supreme court,
if the directories are taken there and, show the show the supreme court judges.
You are entitled to readable print which people can see, but not to gauge with
15C, knowing they can't see, and there will be an increase in calls.
58 JUL 281977
Novo Mayor, I am going to putsue this with Mayor Clark and tell hits that 1 took
this up with him, as president, of the Taxpayers league, with the intent of
involving the cities, and I hope you folks like to do a little resolution or
something, approve what I am doing so I can go to Mayor Clark and look, they
want to be involved, with you.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 77-621
A MOTION APPOINTING A COMMITTEE TO INCLUDE COMMISSIONER J.L.
PLUMMER, JR. COMMISSIONER MANOLO REBOSO AND MR. ERNIE FANNATTO
TO GET TOGETHER WITH MR. DICK KNIGHT AND MAYOR STEVE CLARK TO
INVESTIGATE THE PROPOSED SOUTHERN BELL INCREASES AND ADDITIONAL
CHARGES
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 Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
17, AUTHORIZE CITY MANAGER TO PURCHASE IN LIEU OF a1iEUTION PROPERTY AT
47 NE 58TH ST,; 5827 NE MIAMI COURT; 5835 NE MIN I COURT; 42 NE 5TH STD
ARID 5828 1[ MIAMI PLACE
Mr. Grassie: I believe there is agreement on this, and we are seeking your
authorization to move forward.
Mr. Plummer: Let me try to cut through. You want me to give your explanation
real quick.
Unidentified person: I sure do.
Mr. Plummer: This young lady is here to tell this commission that they haven't
played fair with her. When the man who came up, (Mr. Stewart I think) to negotiate
with her on this piece of property, offered her x number of dollars, plus 10% not
to go to court. She asked him about the house, since the house was in good shape.
He informed her they had no use for it, and as far as they were concerned, she
could have it for $100.00, which she signed. When they came back with another
agreement,(with that understanding), --they came back with a second agreement,
she couldn't understand why, and then she found out the why was, they had given
her back the house for $100. was not included, and she feels that the City should
live up to their agreement which she signed. She had never signed the second agree-
ment.
Mayor Ferre:How can we correct this wrong? Mr. Manager?
Mr. Grassie: I have no personal knowledge of this case.
Mayor Ferre: I think we have to do it this way. Ma'am, the way we can do it,
is we would pass this resolution, subject to the Mananger working out the details
of this to your satisfaction, and precluding him to finalize on this, until this
has been worked out, or otherwise come back and tell us.
Mr. Plummer: Let me tell you what created the problem. This is a proposed park
area, and originally they had no use for the building. Now the committee of the
area supposedly have come back and said no, we want to use that structure for
a clinic, or something similar to a public health type of thing. Now, they want
the house, and the lady is trying to tell this commission, that in fact, she
is willing to live up to what she agreed to. The man, Mr. Stewart, was it, you
called by name, when confronted with this information refused to answer her question.
She has witnesses who said that in fact this man made those statement, and that
59
JUL 281977
tMA the agreement. What she is asking of this commission. is to lithe up to the
agreement which she signed and agreed.
Mayor Ferre: Mr. Plummer moves that item 43 be ----
Unidentified person: I realize that they can use that building, and I say if
they do not let me have that building, that they should pay me more than my
original agreement, ---
Mayor Ferre: We are going to work that out for you I think.
Mr. Grassie: I am getting information I think from a member of the City Attorney's
staff, that it is his opinion, that we are talking about a different piece of
property.
Mr. Plummer: No, it is more than the Village South property. This is about 4 or 5
parcels.
Unidentified person: Three parcels, Mr. Plummer.
Mr. Plummer: What is your address?
Unidentified person: 25 and 27 N.E. 58th Street. Mr. O'Farrow is right behind
me on 59th Street,
Mayor Ferre: We need your name for the record.
Mrs. Leonore McCaulley: I am Leonore McCaully, and i own the property.
Mr. Plummer: He makes a good point. Your parcel is not included here.
Mrs. McCaulley:No it isn't. I want to know if they are excluding that.
Mr. Plummer: It has been. WE are limited by law, to only what is here.
Mrs. McCaulley: Are they turning down their proposition to me.
Mr. Plummer: No, not yet. Mr. Mayor, let me move 43 for you, as presented.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 77-622
A RESOLUTION AUTHORIZING.THE CITY MANAGER TO PURCHASE IN LIEU OF
CONDEMNATION FIVE (5) FAMILY RESIDENCES TOGETHER WITH VACANT LOTS,
LOCATED AT 47 N.E. 58th STREET; 5827 N.E. MIAMI COURT; 5835 N.E.
MIAMI COURT; 42 N.E. 59TH STREET 5828 N.E. MIAMI PLACE, ALL IN MIAMI,
FLORIDA, FOR THE SUM OF ONE HUNDRED TWENTY NING THOUSAND FOUR
HUNDRED FORTY ($129,440) DOLLARS AND ALLOCATING SEVENTY THOUSAND
($70,000) DOLLARS FROM PARKS FOR PEOPLE BIND FUND AND SIXTY-FIVE
THOUSAND ($65,000) DOLLARS FROM THIRD YEAR COMMUNITY DEVELOPMENT
FUNDS TO COVER THE COST OF ACQUISITION OF FEE SIMPLE TITLE TO THIS
PROPERTY AND OTHER COSTS INCIDENTAL TO THE ACQUISITION
(Here follows body of zesolution, 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 Theodore Gibson
Mayor Maurice A. Ferre
NOBS: one.
Mr, Plummer: Now give me your address.
Mrs. Mccaulley; My address is 27 N.P. 58 Street, but I own 25 too, It ta a duplex.
e
Mrr Plummer: I make a motion at this time, that before the City brings before
this commission the approval of the sale of 25 or 27 N.E. 58th Street, that this
Commission be given full particulars as it relates to any and all of the transaction
which took place.
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 77- 623
A MOTION DIRECTING THE CITY MANAGER TO INVESTIGATE THE FULL
PARTICULARS OF PURCHASE IN LIEU OF CONDEMNATION OF PROPERTY
LOCATED ON NORTHEST 58 STREET TO DETERMINE WHAT PROMISES WERE"
MADE TO THE OWNERS THEREOF
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 Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
18, AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT STAR ENTERTAINMENT, INC.
TO PROMOTE ACTIVITIES IN CITY FACILITIES
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 77-624
A RESOLUTION AUTHORIZING THE CITY MANANGER TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY OF MIAMI AND STAR ENTERTAINMENT
COMPLEX, INC., TO PROVIDE ADVERTISING AND PROMOTIONAL ACTIVITIES
TO STIMULATE THE USE OF THE CITY OF MIAMI'S PUBLIC FACILITIES
BY DEVELOPMENT OF APPROPRIATE NEW EVENTS FOR PRESENTATION AT
THOSE FACILITIES
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
• Mayor Maurice A. Ferre
NOES; None.
el
MEW
mmm
EMW
EMM
it1111111111r1111111111111 !I!!I1,INf9'1'll1illy
JUL 281977
•
ACCEPT PLAT: BISCAYNE CAPP.
The following resolution was introduced by Commissioner Reboso, iohn
moved its adoption:
RESOLUTION NO. 77-625
A RESOLUTION ACCEPTING THE PLAT ENTITLED BISCAYNE CAMP,
A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND AUTH.ROIZING AND
DIRECTING THE CITY MANANGER AND THE CITY CLERK TO EXECUTE
THE PLAT
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote —
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
20. FERTRAL APPEARANCE: LORRAINE PRINCE CONCERNING FUNDING OF DECORATIVE
STREET LAWS IN 211E COCATUT GROVE BUSINESS AREA,
Mayor Ferre: Mrs. Prince you want to address us on this?
Ms. Prince: Yes, I want to address you on this. As chairman of the Ad Hoc Committee,
on the the Coconut Grove Highway Improvment project for the business area of
the Grove, and I particularly would like thank Mr. George Campbell and Mr. Stark.
They have been working overtime for us, attending meetings from 5 o'clock on
until 7 or 7:30. I do want to thank them. The member of the committee whohave
been attending are Henry Alexander, Father Hingston, at erI hcoast,yKe Kenmigneth
Treister, and Ted Shumy and Fred Stanton Smith and myse
be interested
reisterswwho eakionactive
resolution�ofiwhatever youthis
calltime
it.would like
to have Ken P
Mayor Ferre: Ken I assume you are for this, and so is Lester. You have any objections
if we pass this, for you to look into this.
Mr. Plummer: They have already looked into it.
he
Mr. Grimm: No objections Mr. Mayor. As a matter of fact rere is withhthg Commate other night, and this is the end result of that.
have to make sure we understand, and that is that under our present charter there
tive street
are no it. Sowe have out ys to,or asus to part ofcthis, instructplish this eouracity attorneyitotdeviseda
assess it
method where we can do this.
Mayor Ferre: Let ne put
teitetotyou
thisthis.
aYou
spend
year pe million dollars for Omni
didn't you? And you
Mr.Grimm•Yes, sir, but the way we did that was spelled out in the charter. We
don't have a method for street lighting, We have a method for everything else,
and everything else is covered. I just want us to understand that. We are for it,
but we have to figure out a way to do it.
•
111
•
62
JUL 281977
The following emotion Was introduced by Commissioner RebesO th'
moved its adoptions
MOTION NO. 77- 626
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INVESTIGATE
A REQUEST FOR INSTALLATION OF DECORATIVE STREET LAMPS IN THE
BUSINESS AREA OF COCONUT GROVE TO DETERMINE IF ASSESSMENT FOR THE
COST OF THESE LAMPS MAY BE MADE TO PROPERTY OWNERS OVER A PERIOD
10 YEARS AND INVESTIGATING THE COST OF THE CITY PAYING FOR ELECTRICITY
AND MAINTENANCE OF SAID LAMPS
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 Theodore Gibson
Mayor Maurice A. Ferre
• NOES: None.
21, AUTHORIZE CITY MANAGER TO
ENTER INTO AGREEMENT: -
BEBER, SILVERSTEIN AND PARTNERS FOR
CITY -COUNTY ADVERTISING AGREEMENT.
Mr. Plummer: Mr. Mayor let me give you a brief report and let me thank you for
snookering me once again into acquiescing, ------some of these would want to make
presentations of a half hour each. Mr. Shriver myself, and Lew Price and his good
offices spent two full days listening to presentations. It was most enlightening,
there were some interesting proposals. Some were very good, some very basic and
some way out.
Mr. Mayor it was the consensus of the Committee that two firms in our estimation
were top-quality firms, in what we were looking for, and what Commissioner Shriver
and I thought should be the kind of f inn and doing the kind of job we were looking
for. We present to you today, and let me tell you the County Commission, to the
best of my knowledge, has already passed a resolution that either one of these firms
being the top-drawer they are, that the County will accept. So it is up to us to
make the decision. The two firms we asked to come here and make a presentation
were the firms of Sandy Tinsley Advertising, and Beaver, Silverstein and Partners.
Mr. Mayor they will take a little bit more than the 5 minhtes. They have tremendously
professional presentations I think you will find quite interesting.
Let me give a little bit more edification. Rose to you and Father, and the Mayor,
as I went into this blind, let me give you a few points that I think you will find
interesting. No. 1 this is a two year contract. No. 2, it is for approximately
$225,000. of advertising per year. Both of these companies met all of the speci-
fications which meant they had to have, --where is Lew Price, $100,000. of billings
and advertising a year. They had been in business for a period of more than 5 years, --
two years? Both of these companies before you met all the criteria that was set
forth in the specifications.
Ms. Sandy Tinsley $100,000. in the bank. Mr. Mayor, Commissioner, I am Sandy
'Tinsley. First I woul:d'like to thank you for this opportunity to present our
agency to you for City/County advertising account. I placed in front of me here,
(in front of each of you)a folder containingasummation of our presentation. Biographies
of our key personnel, letters of recommendation from our client, our bank and the
media. Since we have been alloted 5 minutes, I have placed here some examples of
some of our work, for some of our clients, some newspaper, some outdoor, some point
of sale, and some brochures. If additional time is permitted we would like for all
of you to see our T.V. reel of commercials and hear our radio tape. But if not, I
will get right into it. We are a full service agency which means we supply our
client with marketing, research data, total creative programs, print and broadcast
productions, graphic, media research and placement, --whatever is needed to effectively
market and sell our client products or services. My people are professionals, with
a cumulative total of more than 100 years of advertising experience, many of which
were spent with leading national agencies handling tourism accounts. In the nearly
63
,JUL 281977
font years since I hung out my shingle, we have been growing steadily and
tolV ently. Our clients who began as business associates, have become good and
Valued friends, as thier letter in the folders will attest. We are probably the
most unique advertising agency in Miami because unlike many others, we have never,
and I repeat, never, lost an account. And they are Fuchs Baking Company, Holsom
Bakery, Farm Stores, and Farm Stores Foods, statewide, Southeast Toyota Disbributors,
serving 150 Toyota dealers in 5 southeastern states. Pizza Huts of S. Florida,
Dirr Gold Seal Meats, Southeast Mortgage Company, Richard's Department Stores,
and we have remained their agency even through four complete manangement changes.
W.I.O.D. and W A-1A Radio, Cox Broadcasting in Miami, and we produce the Don Shula
and the Lou Sabin Show and will be doing both again this year. We have been doing
it for 8 years.
These clients have become our clients, and remain our clients because of our unique
approach to the business of advertising, and responsible management of their ad dollars.
Our approach is simply called the Four-P's. Before we ever set out to create advertising
materials or place media, we begin our four P's, a four -point process. The first P is
the product. What is it? Its advantages, its uniqueness. We get to know the product
inside and out. The second P is the prospect. Who are we trying to reach?Who buys
this product? How do we reach them emotionally, or rationally? What is the most
effective and efficient medium to use to reach this prospect? The third P is problems.
What are they? Consumer attitudes. Distribution problems. Problems within the product
itself. After we have been through the first three P's, product, prospect and problems,
then and only then do we begin to create advertising, and that is the fourth P. We
call it pizazz. And our pizazz is selling.our client's products and services. Creating
profitable sales increases every day. Recently the Toyota dealers in the 5 southeastern
states were responsible for 25% of the total Toyota national sales, and thier only
ad activity was a newspaper campaign we created.
Farm Stores, .ice cream sales experienced a phenomenal increase as a result of
an international award winning newspaper campign-we created based on our four P's
approach. The intoduction of•Country hearth bread for Holsum Bakery has been one
of the most successful new product introductions in the history of the company. And
those are but a few. We could talk about other sales successes for all our clients
and they have them. And they continue to have them. But unfortunately time does not
permit it.
Vz have not presumed to present an ad program to you today, because we don't
do business that way. We don't do the pizazz without thoroughly researching
the other 3 P's. Successful advertising is not just a catchy jingle, a pretty
picture or a T.V. commercial. We would be doing you a terrible disservice if we
presented some ideas that look terrific.but bear no relation to the actual problems
that have yet to be defined, or bear no relation to your budget. Presenting an
ad campaign to you at this time would be like a lawyer meeting his client in the
courtroom for the first time, and preceeding to attempt to defend him. However, if
we are awarded the City/County account, our four -point program would go immediately
into effect. AS you know, Arthur Gray has been the advertising account executive
on this account for 12 years, in addition to being the ad agency for the State of
Florida for 14 years. He has also been a business associate and a close friend of
mine for 17 years. I respect his knowledge of this account and his vast amount of
tourism experience.Therefore we would work closely with him and Lew Price to in-
tensively study those first three P's and to assure you a smooth, uninterrupted
transition.
Now, in your choice of an ad agency for the City and County, you have narrowed it
down to two, therefore the creative product of both agencies was obviously deemed
equal, and of the highest caliber. But the City/County ad account is not a private
enterprise. It is a public trust. The money is tax money, therefore, I believe that
everything else being equal, the financial responsibility of each agency should be
scrutinized closely and objectively.As you know you will be entrusted,your chosen
agency with public funds. They must be spent wisely, efficiently and return more
than a dollar for each dollar'.invested. I take great pride in the fact that our
financial and credit position with our suppliers, is above reproach, considered
by most to be the best of any agency in town.
I also want -to assure you that we would make use of our close associate with
a major airline and other sources to agument the budget with additional
advertising cooperative funds.
In closing, we want to put our four -point process to work for you.To put people
in planes, trains buses and cars heading for Miami like it was the opening of
NES
64 JUL 281977.
f
the Oklahoma territory. We offer you simply, integrity, professional expertise]
creative excellence, and complete financial responsibility. I thank you.
Mr. Plummer: Mr. Mayor also, Sandy and the other company, correct me if I at wrong,
the first question that I wanted to know, how much do you get paid? For the edification
of the Commission, it is a set, prescribed percentage of 171% of the billing. Do
you agree with that?
Mayor Ferre: Is that a standard industry type of thing?
Mr. Plummer: So that the Commission knows that that's where you area
Ms. Tinsley: Yes.
Mr. Plummer: Let me give the Commission one other word. Under our budget we
cannot have a national T.V. because our entire budget would allot us approximately.
31 minutes for the entire year.
Mayor Ferre: Thank you very much. We may be asking you some question so stay here.
We have the next firm, which is Beaver Silverstein and Partners.
Mr.Plunnmer: Mr. Mayor while they are setting up, I want Mrs. Gordon to note both
firms are headed by women. I just want you to know that Rose.
Ms. Joyce Beaver:I am Joyce Beaver and this is my partner Elaine Silverstein.
Would the people who are here from Beaver Silverstein please stand up for a
moment.
I have often said that our clients are our best credentials. Our first client
would be American Jewish Committee, a human relations organization. We created
this poster, the peace sign, and the Star of David, which won a national gold
medal and we are pleased when the AJC adopted this as their logo. We introduced
Y-100, with a line 'don't say hello, say I listen to the new sound of Y-100.'
And watch Y-100 soar from an unknown radio station to NO. 2 in the market. We
introduced the all -new programing for WINZ by positioning it against the Miami
Herald with the theme 'have you ever tried reading the Miami Herald on I-95?.'
We are the people who created wh created the 1975 United Way film, 'now, you
mean more than ever! with Joe Campeoella. That film won the New York film festival.
In 6 years our agency has grown from 2 people with no billings to over 25 full-time
people with a list of clients that include the MIami Herald, the Miami News, the
Arvida Corporation, American Savings and Loan, Boca Raton Hotel and Club, Aloe
Cosmetics, and as of yesterday, Gold Triangle. These clients responded to one
asset, people. We have on staff a full=time research media director, who is fluent
in English and Spanish. Copywriters, speechwriter, art directors, marketing people,
a broadcast director, full-time. Two traffic managers and a production manager fluent
in both English and Spanish. These people have an all -consuming commitment to achieve
a mark of excellence again and again. In the most recent advertising awards, we
won over 20 awards, and know it is an exhilirating experience to be judged No. 1
by our peers, we do not produce a line unless it has a relevant marketing goal.
We know we can't solve problems here today. We can promise you would focus our
marketing and creative talent toward finding a unique and distinct image for Miami,
apart from Miami Beach, toward aggressively seeking cooperative dollars to expand
a limited budget, toward establishing mutual objectives and priorities within that
budget. We all recognize how crucial the South American market is, the Canadian market,
we know how to reach people and solve problems. We know you can't afford to go on
television. But we want to show you a quick example, 2 minutes, of how we have
solved some problems, creatively, marketing for some of our clients.
A two -minute film was presented.
Ms. Beaver: Obviously we do not have the TWA account, but the man who won all
the awards, who created, conceptualized, and did this commercial, now works for
Beaver Silverstein. He is on vacation this week or he would have been here.
I would like to thank you very much for giving us these few minutes,and tell you
we would be proud and very prepared to go to work.
Mayor Ferre: Would you tell us what accounts you presently have?
Mr.Beaver: The Miami Herald, Miami News, Arvida Corporation, the Boca Raton _Hotel
MEW
abd Club, Paramount Pictures, on a regional basis, American Savings and loan,
Aloe Cream Laboratories, and as of yesterday, Gold Triangle, and the Aetna Civic
Center in Hartfort Conn. Econo Car, National Car rental company, ----
Mayor Ferre: Any questions of either of these firms? Mr. Plummer, since you were
the Chairman of the committee do you have any words of wisdom for us?
Mr. Plummer; Mr. Mayor I think you have seen from the presentation, that both
firms are high quality. I think they are both what we were looking for. I hope
that it is what this commission is looking for. We did dwell quite extensively
in all firms, where they in a posture of wanting to cooperate to get additional
dollars, both firms, all firms, that we selected said yes. We did extensively
go into the Latin American market, what they had done, the Canadian market, and
what they had done, and I think these firms are the two top firms that presented
themselves in what we were looking for. I don't mean to discredit any firm at all.
I had the opportunity of looking at all. I give one firm a slight edge, a very
slight edge. Only because in my opinion the one firm did a great deal in what I
would call public service area. If I had to choose, and we do, I would have to go
with the firm of Beaver, Silverstein and Partners. They are a large firm. They
have the indepth and experience. I am sorry I have to be placed in such a position
to choose between two outstanding firms, but if I had to give the edge, that is
where I would give it. And I move that in the form of a motion.
Mayor Ferre: Is there a second?
Mrs. Gordon: I find it the hardest decision. I could toss a coin and be happy
with either one. But since you did interview all the other firms, and since you
were involved to a much greater extent than we have been permitted to become
involved this afternoon, I would trust your judgement and second your motion.
Rev. Gibson: This company,f irst,didn't talk about the Latin American Market,
and just remembering, we were discussing that earlier. Is the other comany as
knowledgeable?
Mr. Plummer; They both answered in the affirmative as to the Latin American
market. Let me refresh your memory also, that what I brought before this com-
mission one week ago, was because of a technicality in the budget office of only
25 thousand being alloted to the South American market is probably what you are
remembering, that we would give which ever firm was selected, the latitude of
of using the total amount of dollars to the invested advantage of the City, it
would not be limited in any way shape or form, ----
Rev. Gibson: —by geography.
Mr.Plummer:--by geography, is correct.
Mayor Ferre: I have to admit the other firm presented more of the type of adver-
tising that I think we would be doing which was visual. This group here has pre-
sented basically two thing in the film, and I didn't have the opportunity to see
the work they do visually, so I would vote for the Tinsley Advertising..It is not
that=I am voting against you. It is I was more impressed with what I saw in the
other. Since I will be the minority vote, you will get it 4 to 1, that you will
prove me wrong over the next two years.
Mr. Plummer: Mr. Mayor let me resolve any question you have. If the question was
asked and we had stock questions of every firm, what kind of program, not in
specifics, but what did you feel for that amount of money could be done, and
almost without question, all firms answered basically, it would be a media kind
of advertising, with some possible travel magazines and things of that nature.
All firms seemed to feel that there was a strong feeling that some of this
money should go to the travel agents, that the travel agents were the ones who
help direct people. So we all agreed from the very beginning. I don't think anyone
was in disagreement,that we couldn't afford T.V. time. It was just too expensive.
Hopefully everybody expressed, including the Commissioners present, the budget
could maybe be enlarged. But at this time, it would be mostly a media type of
campaign. Did you hear that? It was for your benefit.
Mr. Mayor, just for the record, let me put one other thing in, because I want
66
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WS-
it to be itir We had a firm of i,atitts who came forth and wete watttitg only 50%
Of the contract. They felt there was that much difference. Because of their it-
sistence, that we made sure that all of the firms had the capability of not just
a translation from English to Spanish, but an interpretation and a knowledge of
the way the advertising went. So this firm was considered. We asked them if they
wanted they could possibly join up with another firm. But obviously they did not,
After balloting,
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 77-627
A MOTION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE A
CONTRACT WITH THE FIRM OF BEAVER, SILVERSTEIN AND PARTNERS
FOR THE CITY -COUNTY ADVERTISING AGREEMENT
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote:
AYES: Mr. Reboso, Mrs. Gordon, Rev. Gibson and Mr. Plummer.
ell NOES: Mayor Ferre.
ABSENT: None.
22. FIRST READING ORDINANCE: APPROVE EXPENDITURES FOR OPERATION/MAINTENANCE
GUSMINI HALL & OLYNPIA BUILDING.
Mayor Ferre: Mr. Manager I would assume your staff has looked at this, ---does
this have your recommendation?
Mr. Grassie: Yes, we have looked at it, Mr. Mayor and we do concur with the budget.
I should tell you that we have some reservation about the estimation of revenues
that supports this budget. But maybe it is the best estimation we can make at this
time.
Mayor Ferre: Do you think it is too low or too high.
Mr. Grassie: We feel the estimation is too high.
Mayor Ferre: Who is the fellow we hired today? Is he going to help us on that?
Mr. Grassie: He really is supposed to deal with sports facilities, Marine Stadium,
Orange Bowl and etc.
Mayor Ferre: Mr. La Baw is there anything else you want to add to that?
MR. La Baw: No, sir, you have the ordinance before you.
Mr. Plummer: This is a public hearing?
Mr. La Baw: No, sir, we had the public hearing. As Mr. Grassie pointed out in
connection with the revenues, we have presented something to you that is a balanced
budget, but if we do run into a problem from the revenue standpoint, and there is
a deficit, this would be something that the City would need to be making up.
AN ORDINANCE ENTITLED -
AN ORDINANCE APPROVING EXPENDITURES REQUIRED BY THE
DEPARTMENT OF OFF-STREET PARKING FOR THE OPERATION
AND MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING
OF THE CITY OF MIAMI FOR THE FISCAL YEAR COMMENCING OCTOBER 1,
1977 AND ENDING SEPTEMBER 30, 1978; AND ALSO APPROVING THE
ENUMERATED SOURCES OF REVENUE FROM SAID OPERATION; CON-
TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE
JUL 281977
1
Was introduced by Commissioner Plummer and seconded by CominissiOner
teboso and passed on its first reading by title by the following Vote:
AS Commissioner Hanoi° Reboso
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice -Mayor Theodore 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 Com-
mission and to the public.
23. AUTHORIZE CITY MANAGER TO NET WITH DIRECTOR CF OFF-STREET PARKItt-OLYIPIA BLDG. FUNDS:
Mr. La Baw: Mr. Mayor, the staff asked us a while back to do some refurbishing
work in the Olympia Building for the Law Department offices on the 7th and 10th
floord. This was accomplished and we have been asked to refurbish a portion of
the 5th floor, 9th floor and a few more offices on the 10th floor. We received
bids last week, the Off Street Parking Board yesterday reviewed the bids.We are
in a position we would like to go ahead and award the contract, but we need some
funds in order to proceed with this work. I have contacted some of the local
banks. We have a local bank that is willing to loan the money to the City at
an intf4rest rate not to exceed 411%. I'd like to make this presentation to you
and see if we might be able to ask you to consider this today in the form of
a resolution.
Mayor Ferre: Have you had an opportunity to review this?
Mr. Grassie: This is the first time I have heard of it Mr. Mayor. The only thing
that occur to me, it may be possible for the city from of its inactive accounts
to advance that money.
Mayor Ferre: I think the way to do that, is pass it in such a lay it would be
in the Mananger's final hand for a final decision.
Mr. La Baw: That would be great.
Mayor Ferre: Pass it out.
Mr. La Baw: I don't have it in a written form.
Mayor Ferre: What is it you want to do?
Mr. La Baw: The bids we received yesterday, in order to improve the areas for
Management Services, we would need $185,000. The previous improvements that we
made for the Law Department totaled about $135,000. This is for Management Services.
We need a total of $325,000.
Mayor Ferre: This is City of Miami, Management Services? What action you want us
to take?
Mr. La Baw: A resolution, if the City Mananger is able to find the funds somewhere,
if not, we could have the authority to negotiate this loan with the City National
Bank not to exceed 41/2%. It would be in the amount of $325,000. payable over 3 years,
semi-annual in payments, and we could pledge the rental income towards that.
Mayor Terre: $125,000.
Mr. La Baw: No, $325,000. total. That includes what we have already spent.
Mt. Grassier It includes the money you have already spent for the Law Deparynent?
Mr. La Baw: Yes.
N. Plummer: Are you going to put in new elevators?
Mr. LA Baw: We are building up to the point we want to refurbish and remodel the
elevators. There's a lot of work that needs to be done the huildtng.
JUL 281977.
•
Mayor Vette#Mir. Matanger you think you shouldtake a look=see at tHie? Whit is
yotit recommendation?
Mr. Grassie: The basic intent here Mr. Mayor is, as 1 understand what the Parking
Authority is trying to do is make the building self-supporting and we are trying
todo what we can to help them in that regard because our. alternatives are very
few. The building is not self-supporting as you know. We simply have to support
it with a subsidy.So what we are trying to do is see if we can make it viable so
we don't have to give it an outright subsidy. What I would like to do, is review
this project with Mr. LaBaw and see whether there is some way we can finance it,
and if you agree with the basic objective that we are trying to achieve, which is
to upgrade the building, so we don't have to subsidize it anymore.
Mrs. Gordon: Why does Management Services have to move in there? Are they in this
building now?
Mr. Grassie: They are in this building now. Two things. They are overcrowded.
About half of their staff is downstairs in the basement and they have been up
to their ankles twice this year. The other thing is, we have people in the auditorium,
Dinner Key Auditorium and also in the barracks building that should be moving into
this building, because they are related to the finance department and there is no
place to put them. WE are going to have to move them out of the Dinner Key Auditorium
when we get into those renovations.
Mrs. Gordon: Is Manangement Services also required to be somewhere near finance?
Mr. Grassie: It is highly desirable that all of these operations be close together.
It simply is not possible. It is not an alternative we have. What we are trying to
do is at least get departments together. Now we have divisions of departments that
are scattered around.
Mrs. Gordon: Where are you going to find the money?
Mr. Grassie: You just asked me that a minute ago. I don't have the answer to that
yet. What we are proposing is that we look and see, whether we have some account
from which this can be advanced. Obviously we are talking about a loan, just as
you would be if you were talking to a bank.
Mrs. Gordon;I think we are planning to have a new administration building somewhere
downtown, which eventually you would move all these dapartments out of that building
and into it. Am I correct?
Mr. Grassie: Depending on the size of the structure, that would be hopefully the
results.
Mrs. Gordon: I am trying to determine two things. How is this building going
to get along after we are gone? Two, whether the money we are putting in now
to renovate it, is money that we could hold on to, perhaps for some ocher critial
need you have?
Mr. Grassie: As you know we don't manage the building at this point, except through
the Parking Authority. The building has the problem that it has had a high rate
of vacancy as I understand it, principally because of its condition. You know it
was given to the City in an effort to provide a source of revenue for the neighboring
auditorium. If the building is simply not economic in the sense that it does not
maintain itself, the City ends up with no choice but to subsidize it. I think that
is what Mr. La Baw was telling you a minute ago. If the revenues don't come up to
expectations as I think they might now, we end up having to subsidize it. So what
we are trying to do is make the building, if we can, upgrade it enough so it is
commercial viable so we can rent it and so it will support itself. It is a difficult
real estate problem. I am sure you have a good appreciation of that.
Mrs. Gordon; I have very serious questions in my mind about the expenditure,
the ultimate source of revenue, how much additional expenditures are required to
bring it up to grade for what you call a first grade building, and also because
I am looking at the possibility of the selection of an architect for a new building
that is going to house departments we are discussing now. It seems the timing might
be a little off on this thing.
Mr. Grassie: Just by way of clarification Commission, if we were to do the building
with the amount of money that we have presently identified, it would not be able to
69
JUL 281977
take are of all of the departments we are talking about being displaced froth
the downtown Dallas Park Hotel which has to come down, and buildings that have
to come down around Dinner Key. It simply would not be big enough.
Mrs. Gordon:The new building wouldn't, ------
Mr. Grassie: That is correct. With the money that we now have, that we now have
identified, which is basically the public works money. The grant we are talking
about from the federal government is 3.2 million.
Mr. Plummer: You are going to look at it, and come back with recommendations?
Mr. Grassie:Mr. La Baw knows about the timing. I haven't heard about this until
just now.
Mr. Plummer: Somewhere along the line Mr. Grassie, I am losing something.
Mayor Ferre:That's happened before.
Mr. Plummer: That's true. I lose everything but the Mayor, and I keep trying.
You keep telling me, and I know it is a fact, 'we ain't got no money.'
Mr. Grassie: Don't misunderstand me. No way am I suggesting to you that we have
money to pay this just out of pocket. What they are suggesting to you as I under-
stand it, is that they go to the bank and borrow the money. The only thing I am saying
to you is, that we may have a source of idle funds, where we can advance the money
instead of paying the interest. That is all. But in no way am I saying to you that
the City is going to disburse the money and simply pay for that expense.
Mr.Plummer: Gene Naples just came 6 ft. out of the chair when he heard the word
'idle funds.'
Mr. Grassie: He and you and everybody else knows that we have monies that we cannot
touch except for specific purposes.
Mr. Plummer: What you are saying take it back and see what you can work out
and come back with a recommendation. I agree. That's all we can do Dick.
Mr. La Baw: We will have to delay the award of that bid.
Mr.Plummer: When was the bid to be let.
Mr. La Baw: Whenver funds would be available.
Mr. Grassie : Are you asking the City Commission to, if there is no other source
of money, to authorize you to go to the bank.
Mr. La Baw: Yes. In that way we could proceed.
Mr. Plummer: Let me word a motion which states that we authorize you to sit down
with theCity Manager to try to find a funding source --if in the discretion of the
Manager there is none through the city, we then authorize you to go to the bank
and negotiate the best interest to get the money to do the job that is needed,
not to exceed 412. I'll offer that in the form of a motion.
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 77- 628
A MOTION AUTHORIZING AND DIRECTING THE CITY MANANGER TO MEET
WITH R.L. LABAW DIRECTOR OF OFF-STREET PARKING, TO DETERMINE
TIE FEASIBILITY OF BORROWING AN AMOUNT NOT TO EXCEED $325,000
TO MAKE NEEDED IMPROVEMENTS TO THE OLYMPIA BUILDING TO HOUSE CITY
OFFICES AND IF SUCH FUNDS ARE NOT AVAILABLE WITHIN CITY ACCOUNTS
TO AUTHORIZE THE OFF-STREET PARKING AUTHORITY TO NEGOTIATE A LOAN
WITH A LOCAL BANK AT A PERCENTAGE RATE NOT TO EXCEED OA
JUL 281977
w
r
Upon being seconded by Commissioner Reboso, the motion tsas passed •
ahcl adopted by the following vote:
A `RS: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOBS: None.
24. BRIEF DISCUSSION OF 1977-1978 OFF-STREET PARKING BUDGET TO BE HELD
AT FIRST MEETING IN SEPTEMBER,
W. La Baw: Mr. Mayor you received a letter from Col Wolfson in regards to
the Department of Off -Street Parking budget. I have that budget here and I would
like, with your approval pass it out, and ask you to consider it on first reading.
Mr. Plummer: Today? You can't do it. It has not been on the agenda.
You can't do it without a public hearing.
Mr. La Baw: We had our public hearing.
Mr. Ron Silver: Mr. Mayor, Ron Silver representing the Department of Off -Street
Parking. We had the public hearing on this budget and in Mr. Wolfson's letter
to the Mayor which I believe every member of the Commission received, it lays
out what the Charter provides. The Charter provides that we present this budget
to the Commission directly and that is what we are attempting to do at this time.
And that is why we ask the Mayor to place it on the agenda.
Mr. Plummer: Is there any problem with reading it the first time today?
Mr. Grassie: I believe so, Coomissioner, because they have not complied with
the basic charter requirement and that is they present the budget in the form
e that every other department does. Also they have not done what the City Commission
asked them to do a month and a half ago.
Mr. Plummer: They still have the second reading to do it. I was trying to facilitate
time. Mr. Knox do you agree with Mr. Grassie?
Mr. Grassie: That may be a little bit of an unfair question Commissioner.
Mr. Knox: Mr. Grassie indicated there is a manner in which budgets are presented -
to the City Commission, that the Department of Off -Street Parking 11,1s not complied
with. Whatever advice I give you would be based upon ordinances generally.
Mr. Silver: I would respectfully disagree with Mr. Knox in his interpretation
because the budget which we have here, is the same budget which has been pre-
sented to the Commission every single year, in the same form, and is in the
same form in which the budget is presented to the Commission by every department.
What Mr. Grassie is saying is that the way the budget is presented to him by the
department. But we are not talking about that because we don't present the budget
to the City Manager. We present budgets to the Commission, and it is in substantially
the;same form as the budget that you received from Mr. Grassie. And that is what
the Charter is talking about. The Charter is not talking about administrative
bureaucracy..
Rev. Gibson: Isn't it the procedure that you give it to the Mananger and the, ------
Mr. Silver: The Charter provides that we submit it directly to the Commission.
That is a Charter provision.
Rev. Gibson: Suppose I say I haven't had a chance to read it? Would you want
me to vote on it before I could read it and scrutinize it?
Mr. Silver: No. Again, as I an reminded by Mr. La Baw, there was a public
hearing on this, the budget was presented. The Commission had it available, just
'71
JUL 281977
like its dote every single 'eat. there t<evet has been a problem in this procedute
and it has been approved by every other city attorney.
Mayor Ferre: I have the greatest regard for Col. Wolfson and for you Mr. La Baw
and the Off -Street Parking Authority. I want you to hear this now. Some people
get the impression that somehow these are autonomous, that exist separately.
And there is no separate but equal provision as far as I am concerned.here.
This is one City of Miami, and we look upon the City administration and I don't
in any way want to go against the Off -Street Parking people who have done a wonder-
ful job. I am certainly not going to get myself in a position where the City,
my City Mananger, who administers this city, has advice that I am going to completely
disregard. I may disagree with you and vote differently, but in something, --when
you are talking about a budget, I want to tell you where I stand very clearly.
Mr. Silver: This is the problem we are running into. I agree it has to be
on the agenda, and that is why we have requested the Commission, ---the Commission
has a responsiblity under the Charter of the City of Miami to put this on the
agenda. It is clear. It says so in the Charter and to vote on it. And it has
a time period in which to do that. If it doesn't do that, it is in violation
of the Charter. I don't know how else to explain it.
Mr.Plummer; Why we can't put on the first meeting in September and have the
second reading at a subsequent meeting. You are under an October deadline like
we are.
Mr. Grassie: That is correct commissioner. That is going to be the schedule
for all the other budget submission to the City Commission.
Mr.Plummer: Without it being on an agenda I think it is wrong. If any emergency
situation, that is one thing. But I don't see it as an emergency.
Mr.Silver: I didn't want it to be considered an emergency, because surely
it is not. All I want to do is bring it to the attention of the Commission
that it is a Charter provision and the Commission should have it on the agenda
for the next meeting.
Mr. Plummer: So ordered.
Mr. Grassie: So that they and you understand, Commissioner, it is also a statement
in the Charter, the budget is supposed to be presented in the form that all of
the other departmental budgets are presented. The basic purpose of that, is so
that you know where the revenues are coming from and what the proposed expenditures
are and can analyze them. The point we have been making is we need to get to you
complete information on this and I trust we will have that for you by the first
of September.
25. PERSONAL APPEARANCE: PAT S10.1BISH RE SANITATIOir' WORKERS; BLACK ASST. CITY
MANAGERS; WO -FEMALE ASSISTANT DEPT. HEADS, AND GEA
ENPLOYEE RAISES.
Ms. Pat Skubish: Mr. Mayor, members of the Commission, and City Mananger, my
name is Pat Skubish. I am here before you today as Chief Examinier to the Civil
Service Board. I wish to speak first to Rev. Gibson. In answer to his statement
made at the last Commission Meeting, first concerning a sanitation employee being
advanced, ---his remarks in reference to a sanitation employee being advanced,
that perhaps this is in violation of the Consent Decree. I wish to convey to
Reverend Gibson that the Civil Service Board was also concerned with this and
that we specifically asked Mr. Krause if this was indeed a violation. He told
us no. Like the Commissioners, you look to the City Mananger to administer the
City. Well, we the Board, look to our executive secretary to administer Civil
Service.
Secondly Reverend Gibson says we should have a black assistant City Mananger.
I would like the City Commission to be aware that we have several black depart-
ment heads. We have a black assistant department head. We have a Latin department
head. We have more than several Latin assistant department heads, and a Latin
assistant city manager. But members of the City Commission, since Alice Spano,
the former assistant director of Civil Service chose to advance her opportunity
with the City by transferring to another department, we do no have a woman depart-
ment head. We do not have a woman assistant department head, and we do not have
a woman assistant city mananger. So I trust th ill notify the City Commission
IMP
1'
JUL 281977
that a wctmail in the city, -'-the w iten in the city ate waititg for tecognition►
We ate also by the way, involved in that concert decree. It say Latins, Blacks,
and women. Okay. They deserve it.
Thirdly to all the Commissioner? I would like for you to be aware that while
manangement and commissioners seem to show special recognition at various
times to the police and fire personnel, which they justly deserve, the so-called
'other' employees, as the Herald puts it, take great exception to this. They are
never recognized. And I am speaking of that person who cleans the parks, who
cleans the restrooms, who picks up your garbage, to the Communication dispatcher,
without whose's service the police and fire could not render assitance to that
taxpayer who is calling in for help, the recreation leader who is developing
that adult of tomorrow, to the carpenter, to the painter, to the electrician,
who, let's fact it,our buildings are looking pretty good with these people,
and they are pretty old. What are they, world war II Mr. Mayor? You have been
around that long. To the typist who works diligently, typing, filing, who is never
noticed, and many, many more. I only ask that from time to time you recognize these
groups, as playing a vital role in keeping this city running efficiently.
Last but not least is the concern of these very people who I just spoke about,
who were denied a raise, for whatever reason that has been chosen, denied a
raise. They don't understand, nor really do I. I hope you can give me an answer
so I can explain when I am asked, 'Pat, what happened to the raise? Where is it,
is it gaining interest? Are we going to get it retroactive? What is going on?"
I told them I would come down and ask you. And I thank the City Mananger for
recognizing me and I.want an answer.
Rev. Gibson: Since you spoke to me first, I would be delighted to see a black
woman who is a city manager, assitant City Mananger. I have no problem with that.
Ms. Skubish: I didn't say that.
Rev. Gibson: I am fully aware. I want to make sure everybody understands I am not
in the party. I want you to know how you said it. I would accept a woman, then you
can get it in two for one. Just find a competent, capable, black woman, and then
you would have a woman and a black. I would go for that. I am not going to get
in that Spanish kick. You have a Latin who is an assistant City Mananger. This
is what I tried to get the commission to :mderstand last time, that I wasn't
getting anything out of the pack. I want to make sure that is clear. So you and
I could accomplish mutually what we are talking about if they would hire a woman
who is black. And I want the Commission to listen to the language. I said I want
an assistant City Mananger who is black. I think that this commisison has the
affirmative responsibility to give the Mananger a sense of direction. The Mananger
would have you believe he can't find no competent black. Man, that depends on where
you go looking. You don't go to Harvard University to look for bl:'ck folk who go
to law school at Harvard. The Mananger said to you, and it angered me, I saw that
article in the newspaper. What I was contending, was not what he said, that he
wouldn't hire one. Let me end this comment. The very interesting thing, when I
made the statement that I did, nobody refuted what I said. And if anybody thought
I lied on the Mananger and I hope the newspaper will write this, --if anybody thought
I lied on the Manager,all you had to do was ask Mrs. Range. All of you know her. She
was here this morning. And ask T. Willard Fair. Both are upright capable, citizens.
Both of them are black. He never thought I was going to say it out here. I want it
noted Mr. Mayor and Mr. Reboso, what you all said in the paper I appreciate. But
that wasn't the full story. The proof of the pudding is the eating. Not talking
about it. Not enunciate, and philosophy and policy. Okay.
Mayor Ferre: Do you want to quickly respond and then we can move along.
Mr. Grassie: With regard Mr. Mayor to the question of raises for employees, I
think you may know, that the City is basically in the hands of the state at
this point. The state commission which deals with the question of labor relations,
has to come out with a determination, they are, I understand, this month in the
process or reorganization..They have been very delayed about getting an answer
back to us. I can't tell you when they are going to get it done. But basically
we are in the position, where under state law, we don't have any alternative.
We don't have the option of negotiating with employees at this stage. We have
to wait for a result from the State Commission, so we can initiate that process.
We don't particularly like it any better than he employees. I think that there
iti
1.6 8 ihe4uity in way things have worked out, in that the uniformed employees
have had a contract and they have gone forward with those increases. Non-unifotmed
employees have not received that. But it's really not something that we can decide
to do differently.
Mr. Plummer: Mr. Grassie let me tell you where I have a problem. I have a problem
because yes, we are in the hands of the state as it relates to GEA, SEA and
ASFME. What about those people who don't belong to any of those three. You have
no problem with them. That's where I am losing something. For example, let me use
the example. My secretary, to the best of my knowledge does not belong to any
of the three of those organizations. She is not in the hands of the state.
Mr. Grassie: You are asking what probably will turn out to be a much more
complex question than it sounds like on the surface. The question is, if you
are talking about people who are not now in bargaining unit, can we arrive at
some negotiated agreement with them on the assumption that they will not be in
a bargaining unit, that in fact they would not be represented by a unit once one
gets established. I suggest to you, that we probably would get the city on some
very dangeous ground. We can certainly explore that and find out what case precedent
in this state is, but I suspect that we would be very hard pressed to do something
for some employees on the assumption that they are not going to join a unit.
Mrs. -Gordon: I question also that Ms. Skubish asked which I have often wondered
about, you budgeted a specific sum which I can't recall exactly, but I know it
was over 2 million, maybe 2.6, for a pay raise, -
Mr. Grassie: It was a percentage Commissioner which was designed to be the same
as a percentage negotiated with the uniformed employees, Mrs. Gordon: Gordon: But the amount of dollars in the budget was about 2.6
I'm not mistaken. In that area, over 2 million. My question is the
in that I want to know would it be retroactive. Will they get that
we had set aside for them, when it is settled? Or is it going into
million if
same as her's
money that
the new budget.
Mr. Grassie: That is a basic negotiable item Commissioner.
Mrs. -Gordon: Okay. It's true it is, a negotiable item. I just wanted to know
your feelings about it.
Mr. Grassie: I think the only
that I assume you do not want
going through the negotiating
that ----
responsible answer I can give you Commissioner is
me to volunteer the use of your money, without
process. I assume one of the things you expect is
Rev. Gibson: Are you telling me that the people that work for us, that salary
is negotiable too. Is that what you are telling us?
Mr. Grassie:No, that is not what I said Commissioner. Commissioner Plummer
asked a specific question and he used his secretary as I understand it as an
example. What I was trying to refer to in my response, was that we probably
cannot identify people who are currently not in bargaining units. Let's assume
there are 200 people that have never been in a bargaining unit in the City. We
would be in a very difficult posture if we treated him differently than those
who have been members of units. Basically what the state would probably conclude,
was that we were trying to undermine the union process. I am sure that would be
the first allegation that we would receive from the organized units.
Rev. Gibson: I want to raise another question; ----well, maybe I had better wait.
Mr. Plummer: Let me ask a question, to put it on the record, although I pretty
much know the answer. Mr. Grassie, I, through a motion of this commission asked
you to, if possible, notify by the first of August, or put on notice those employees
who possibly might be terminated October 1, knowing the answer is, that notices have
not gone out, would you tell me what date you are looking towards, -----I assume you
are in agreement with putting people on notice?
Mr. Grassie: Yes. As I indicated then Commissioner I am certainly in agreement
that we should give people as much notice as possibly is available to us.
Mr. Plummer: --which doesn't necessarily mean that they definintely be terminated.
7
JUL 281977
IIIIIuOuIII111111IIIIIIIIIIIIIIIIII11Iu1■III1■IIIIIII■■I■ I ■IIuIuIIIIIIIIIIII. immimw
tt is putting them on notice.
Mt. Grassie: That is correct.
Mr. Plummer: You tg11 me what date you ate now looking at as to the possibility
of those letters going out.
Mr. Grassie: Yes, sir. We are in the process right now, of going through the
departmental proposals on cutting budgets. We expect that process to be concluded
approximately the 7th of August, so within a few days after that, I would assume
that the budget office would have available to it, all of the affected positions
resulting from that departmental review and we would be able to do it at that time.
Mr. Plummer: I am to assume that around the 15th of August would be an approximate
date?
Mr. Grassie: I think that it is a good target date, yes sir.
26, INSTRUCT CITY AT '( TO INVESTIGATE EtIPLINUIT OF SECRETARIES TO THE EMISSION & MAYOR:
Rev. Gibson: Let me ask Mr. Mayor, I know our time is going, but I think I need
to pursue this. If it is dangerous to advance an increase to the woman who works
for me, I wonder how dangerous it is, without negotiating, I wonder how dangerous
it is to advance and increase for any of Mr. Grassie's assistants, without negotiating?
Mr. Grassie: Commissioner possibly what you are referring to is something you read
in the newspaper about two weeks ago. The city has consistently followed the policy
that I am following now, and that is, that new employees, after 6 months of employment,
are considered for an increase. Now, if any cases you are talking about fall into
that category, I would assume they will be treated the same way.
Rev. Gibson: You mean to tell me we could give all these increases around here
automatically and then sooner or later we are going to lay off all these people.
Maybe I ought to wait and get into that.
Mr. Plummer: Father let me make one point clear, because I don't know if you
were here. I know Rose was, when the secretary position came about, but if I am
not mistaken, ----
Rev. Gibson: No,I was here. That's why* I am talking, because this commission needs
to know that I put a temporary person in that office of mine, and doggone it she,
had to go through hell and damnation to stay there. She had to take the physical,
she had to fill out all those papers, and I want to say to the commission, that the
commission needs to know, that the basic agreement we made, when we hire those people,
that was not my understanding.
Mr. Plummer: It is not my understanding.
Rev. Gibson: You had better get it straight now.
Mr. Plummer; It is my understanding that the secretaries to the commission are
on a contractual basis rather than a regular city employee, because they do not
enjoy all of the benefits that a regular city employee enjoys. If that has changed,
or the thinking has changed, I think we have to pull out the record real quick -like.
For example, I will my secretary, I don't want to put anybody else in jeopardy, my
secretary is not covered by civil service.
Mr. Grassie: That's different.
Mr. Plummer: It's different, but it is a privilege she does not enjoy. If I fire
her tomorrow she is gone. If I leave office, and this is in the minutes, if I leave
office tomorrow, whoever replaces me, if they don't want her, she is gone. It has to
be a fair thing, and it is my understanding, that our secretaries are not covered
under the normal hiring procedures, because they are not covered under the normal
firing procedures. So if that be the case I will make a motion at this time that
the City Attorney look into that matter and clarify the position as it relates to
the secretaries of the commission. At the same time, that motion spoke to the
receptionist, is in the same category, but I think now has been transferred over
to be replaced by manpower. But the question of the secretaries of the commission,
I'll offer that in the form of a motion.
Mayor Ferre: Repeat your motion.
JUL 281977
MiM
IL
MR-
4'
ro Plummer: My motion is that the City Attorney be empowered to investigate
the posture of employment and termination of the commission secretaries as Veil
as relating to the setting of salaries.
Mrs. Gordon: Does that include the Mayor's staff as well.
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 77-629
A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
INVESTIGATE THE MATTER OF EMPLOYMENT OF THE SECRETARIES OF TEE
CITY COMMISSION AND THE MAYOR'S STAFF TO DETERMINE THE CITY'S
POSTURE IN HIRING, TERMINATING AND SETTING OF SALARIES
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 Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
2.7, F,E,C.-CONDEMIATION: INSTRUCT CITY ATTORNEY TO PROCEED ON A
"WEK TAiZ BASIS,"
Mayor Ferre: Mr. George Knox is here this evening with a memorandum on the litigation
of the FEC'taking, and there is a question of whether we quick -take or we don't
quick -take, and which attorney we use. The members of the Commission have received
a letter, copy of a letter, from John Ferrell. You also have before you a memorandum
from our City Attorney George Knox.
Mr. Plummer: You also have a letter in this same portfolio from Cole Appraisal
in which he states I would not wish to testify in a quick -take action of this
magnatude, signed by W. Bates Cole.
Mayor Ferre: Is he one of the two appraisers we have? This is not a scheduled
item. It is something we must decide because this is our last meeting before we
take our August break, otherwise we are going to be in a very vulnerable legal'
position. So we have to decide it today.
Mrs. Gordon: I would like to remind the commission that there were two appraisers
involved and a Mr. Cole was the secondary appraiser brought in by the prime
appraiser.
Mayor Ferre: Who is the prime appraiser Rose?
Mrs. Gordon: J.Z. Wilson.
Mayor Ferre: Mr. Knox would you enlighten this commission.
Mr. Knox: First of all Mr. Mayor and members of the Commission, Item 25 refers
to the authority to enter into an agreement with Mr. John Ferrell to represent
us. In agreement before you, there is a specific statement to the effect that he
would not initiate quick -take proceedings. Furthermore I think that in consideration
of this item, we must also consider the letter he wrote me, copies of which you have,
wherein he indicated that he would have no desire to represent the city in this
condemnation proceeding if he were directed to proceed in a quick -take. A memorandum
that was prepared in a desire to enlighten the commission, with respect to the
advantages, disadvantages, associated with quick -take vs. what we call slow -take,
in terms of a condemnation procedures associated with the FEC. The primary advantage
with a quick -take is, that the value of the property is ascertained relatively
early in the proceedings and becomes fixed as of the date of the transfer of title,
which takes place after a hearing of necessity, and after the posting of a bond
76
JUL 281977.
MEW-
t
with the court. Now with the soe-caked slow take, the Value of the property
is determined as of the time of trial, to many cases based upon the rights of
appeal and so forth would lead to a protracted litigation. Mr. Ferrell has indicated
and state law provides that No. I that is no automatic stay of the proceedings. In
other words if there is an appeal from an order of taking, the trial as to the amount
of compensation could take place provided that the judge does not order otherwise.
In terms of time, it is theoretical then, based upon the judge's calendar, that a
trial could take place contemporaneously with any appeal, which would be designed to
mitigate the tolling of the clock with respect to the fixing of a date for value of
the property.
The disadvantage if you will, of the quick -take is, that once the taking has been
ordered, there is no way the City can walk away from the deal, to use the vernacular.
In other words, the City has committed itself to purchase the property for a price
which a jury would determine after a trial as to compensation. A singular advantage
is that the value of the property is ascertained at an earlier time in the proceedings
than with a slow -take. A disadvantage from the point of view of the condemning authority
it that it becomes committed to purchase the property subject to a determination by
a jury of 12 residents of Dade county as to what a fair and just compensation would
be.
Mr. Plummer: Mr. Knox, did you represent to this commission that in your estimation
Mr. Farrell was probably the most knowledgeable man in this area at it relates to
condemnation proceedings.
Mr. Knox: You recall that we were authorized to talk to three attorneys who have
distinguished themselves in condemnation matters, all of them having outstanding
reputations. Mr. Farrell was selected primarily, --the difference between Mr. Ferrell
and the other two attorneys was that Mr. Ferrell had some experience in representing
condemning authorities .
Mr. Plummer: To ask a foolish question, when you recommended to this commission,
we pay him $275,000. to represent us, you kind of had a lot of faith in him didn't
you?
Mr. Knox: Yes, sir.
Mrs. Gordon: He also had faith in the other one as well, and if you recall, ----
Mr. Plummer: I am not disputing that.
Mrs. Gordon: --it wasn't to diminish the effectiveness or the capabilities of the
other persons being considered. It is just like you made a selection today with
regard to an advertising agency, you didn't follow up the one you didn't select.
You had to take a choice.
Mr. Plummer: Rose, the point I am making, and it is very clear, this man is
considered to be, and this is the man chosen which I voted against, this is the
man who is the expert, and this man is telling you that if you go the quick -take
route,he doesn't want to be involved. You have an appraiser who is telling you the
same thing. That is the only point that I am trying to establish, that the experts
are telling you don't do it.
Mrs. Gordon: You made it a determination, fine. Because everybody has to make one.
My personal opinion is, it is either quick -take or no -take. Because if we don't
go quick -take, there will be no take, because inflation will accrue. There will be
a point where we couldn't possibly afford to go in at any stage to obtain this
property. Further than that, and not to any way, pass anything against Mr. Farrell,
but in analyzing the situation, I find it extreme difficult to reconcile my thinking
to his with regard to his being willing to proceed even though his negative expressions
are that ultimately we are spinning our wheels. I wonder why we have to spend any
money whatsoever on his fee.
Mayor Terre: I would like to ask the opinion of Mr. Grassie, then we are going
to hear from Mr. Paul.
Mr. Grassie: Mr. Mayor in my view of this question changed somewhat yesterday
as a result of a discussion that I had with the City Attorney, in which he indicated
JUL 281977
that his discussion with Mr. Ferrell pointed up the possibility which 1 had
not realized before that the difference between a quick -take and a so-called
slow -take, could be as little as two months, and possibly reasonably could be
expeced to be six months.
Mayor Ferre: What?
Mr. Grassie: That's what I said. Now if that is true, as it was represented,
and it seems to me completely unthinkable that the City would do anything other
than go through the regular process, and I don't want to put figures on the records,
but the potential liability to the City, going the quick -take route, is very sub-
stantial. The basic question that I think is in front of the City Commission, is
whether that estimation of the difference between a quick -take and a so-called slow
take, is a realistic possibility.
Mayor Ferre: That is the first time I have ever heard that.
Mr. Grassie: I think it is important that we talk about it.
Mayor Ferre: You talked about this yesterday. You didn't mention this.
Mr. Grassie: Sir, after I left your office at 7:30 I went to Mr. Knox's office
and I spent an hour talking with him. As I said just a minute ago, I found this
out yesterday. I didn't call you at 9 o'clock at night.
Mayor Ferre: Okay. Mr. Paul?
Mr.Dan Paul: I want to speak in favor of your maintaining the original resolution
which you adopted in getting other counsel to handle this matter who has more con-
fidence in the ability of the City to be successful in its case. First let me say
in reference to what Mr. Grassie said, that I don't think this is correct. I know
of no court anywhere, anytime, anyplace that is a practical matter, is going to
entertain the condemnation trial at the same time appeals on the merits are pending
before appellate courts -Everyone of our circuits courts are busy. I don't think
any judge is going to do a useless act if some appellate court may at some future
time tell him he doesn't have to do it. The proof of the pudding is in the eating.
This case has already been in litigation because we didn't go quick -take for three
or four years. So, note, the judge was unwilling to proceed with even letting us
go ahead with the quick -take until the appeal was disposed of by the Florida Supreme
Court.
I think frankly this questton is primarily not a legal question at all. It is
primarily a policy question. I don't know how of you read, but in the same Miami
Herald that reported Mr. Ferrell's opinon, the unhappy story of Miami Beach in
its big oceanfront park, and what happened because it didn't go quick -take. There
are five houses in the middle of that multi -million dollar park, which the City
after three appeals is still litigating. And I'll just read the opening paragraph
of that: 'in the midst of Miami Beach's fancy new beach -front park,lives Louie,'like
a giant troll, with a tumbleweed bead, nesting among the city's costly seagrapes.
This is the city's 2.5 million dollar prize, the north shore open with lush land-
scaping, intricate wooden elevated walkways, etc.' It goes on to talk about the
five outages, and here is the real payoff as to what has happened, because the
city didn't go the quick -take route on that park.No one knows when the city will
be able to complete its park. The houses have been in court since 1967. The price
tag now is more than 1.2 million. It has quadrupled.since the city started it, and
maybe they now haven't got the money to complete the park. Commissioner Gordon
said that the question of quick -take or no -take, if you want to proceed, to finally
complete.this park, and preserve for posterity what obviously needs to be done.
Let me say one other thing. Mr. Knox has already adequately pointed out the major
value of quick -take which is, that the value is fixed at the time. Let me tell.you
what I think is from a practical matter, even a much -more important value of quick -
take, and I think Mr. Grassie would verify this. One of the reasons during this past
year, when the Chamber of Commerce has been attempting to put the parties together
for negotiation and Mr. Grassie has been actively involved, we have been unable to get
anywhere with the FEC, because the FEC has never thought the city meant business.
This litigation has been dragged out, appeals on every kind of order that have come
up. If you continue with your present posture you are bound to bring the FEC to
the negotiating table because I do not believe as a matter of judgement that the
FEC ever intends to permit the value of this propery to be submitted to a jury
in Dade County. That property was originally acquired from the State of Florida
f8
J U L- 2 81977
W
MW
At tot cost, or very little cost to the t'lorida East Coast ka lWay; b.t d I di ft't
think they are anxious to have any jury in Dade County sit and detetbihe What the
value has to be to the city fo reclaim something that originally belonged to their,
and they got for almost nothing to begin with.
Secondly,why the FEC is going to be at the table quickly, when they face the
fact that very shortly, like the guillotine, when the quick -take proceeding is
filed, that that port is going to be closed, they are going to have to negotiate
immediately with the county for additional facilities. This will in addition, bring
the county's participation to a head because there is no reason that county
funds should not also be used to help the city, or a land -trade or a lease -trade
in some way. Unless you proceed quick -take, we have no negotiating position.
We are going to be through 3 or 4 more years of litigation, and at that point,
you can kiss that park goodbye because you are going to be in the same position.
Incidentally I talke to Mr. Schillenger today, special counsel for the city, who
has been handling this litigation, and what he said to me, he says knowing what
I know now, he said if I had only gone quick -take. Now this case is hung up on
appeal. You know what the appeal is about this time? Whether the value of the park
should now not be taken into account in determining the value of these residences.
Obviously since the city built a lovely park around there, they are much more
valuable. There's the question of constructive condemnation of the properties
involved, and also the question of whether these houses now, they shouldn't consider
prospective rezoning, since there's a park around them. There's plenty of buffer.
They are now arguing that the value of the property ought to be increased because
they ought to be considered, if they have been rezoned commercial by virtue of that
action. Obviously the FEC property is going to be a lot more valuable as the activity
in that park increase. I strongly urge you to follow the original course which you
determine, adopt today the necessary legal resolution that it required and proceed
with the quick -take and have Mr. Knox employ one of the other two attorneys, one
of whom I have talked with and who is perfectly agreeable to handling it on a quick -
take basis. Lawyers disagree all the time, but this is a policy decision you have
to make from a practical point of view.Of course, they are risks. They are risks
that every kind of activity you take here, but the risk in this case is worth
taking, and that is the final completion of restoring to the public of the City
of Miami, the waterfront which originally belonged to.
Mayor Ferre: Thank you very much Mr. Paul. At this time, let me ask the City
Attorney if he has a resolution drafted so that this commission, before talking
about attorneys, I think we should decide the policy matter as to the quick -take
nature. Would you pass the resolution around so we could look at it?
Mr. Knox: The resolution itself is item 26. I'll point out to the commission,
that that resolution does not authorize a quick -take but we can make an inter -
lineation without changing the substance of the resolution to indicate a quick -
take if that is the desire of the commission.
Mr. Reboso: Are you including a quick -take?
Mrs. Gordon: Quick -take, absolutely.
Mayor Ferre: Won't you tell me where it is so I can read it? I don't like to
vote on something that is going to cost us millions of dollars without even looking
at it. Does anybody have it? Mr. Knox do you have it? Does the Commission have it?
We are asking to vote on something which is minimum going to cost us 15 million
dollars.
Mayor Ferre read the resolution.
Mayor Ferre:Mr. Knox, what are the interlineations that you wish to insert here?
Mr. Knox:We would have to add that the procedure would be to seek an order of.
taking prior to a trial as to compensation.
MR. Reboso: I have another one,if you want it Rose, of the resoluiion.
Mayor Ferre: Why doesn't Item 26 has a description of the property in the title.
Shouldn't it have it? Does it need to have a title? It must have a title.
Mrs. Gordon: The agenda does recite the location but the resolution before us
does not. So we should include that as well as the quick -take description.
11 I 1 ''1 0.1o.'.,.,, .... ,
Mayor Ferre:Dan why don't you come around here and consult with us?
Mr. Plummer:Here, legal description, Florida East Coast Railway and P.0,
property Miami Florida. It is attachment No. 1.
Mayor Ferre: Is this ready to be passed?
Mr. Knox: Yes.
Mrs. Gordon: Where do we insert the words 'quick -take ?' Could we put it
before the word 'acquiring?'
Mr. Knox: --'acquiring by an order of taking, prior to a trial as to compensation
and pursuant to chapter 74, of the statutes of the State of Florida.'
The following resolution was introduced by Conmiissioner Gordon, who
moved its adoption:
RESOLUTION NO. 77-630
A RESOLUTION FINDING AND DETERMINING THE PUBLIC NEED AND
NECESSITY FOR ACQUIRING BY AN ORDER OF TAKING PRIOR TO A TRIAL
AS TO COMPENSATION AND PURSUANT TO CHAPTER 74 OF THE STATUTES OF
FLORIDA THE FEE SIMPLE TITLE TO CERTAIN PROPERTY DESCRIBED HEREIN
TO BE USED FOR PUBLIC PARK AND RECREATIONAL PURPOSES FOR THE NEW
WORLD CENTER BICENTENNIAL PARK AND DIRECTING THE CITY LAW DEPARTMENT
TO INSTITUTE AND PROSECUTE TO A CONCLUSION ALL OF THE NECESSARY LEGAL
ACTIONS TO ACQUIRE THE FEE SIMPLE TITLE TO THIS PROPERTY
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: Mr. Plummer.
Mr. Plummer: My.position has not changed. If anything it has been fortified by
by considered experts in this community that we are laying ourselves open for
financial disaster which possibly come out of this. I want the record to be clear.
I am in favor of taking the property. It should be ours. It should be the city's,
but r cannot under any circumstances place the taxpayers of this community
with possible financial suicide. I have to vote no.
Mayor Ferre: In voting let me explain ladies and gentlemen that this city has
gone through several sad experiences on so-called slow takings, so slow thatt we
never take. The last example was Ball Point. We stalled and hesitated and stalled,
and we had the wrong figures, and typical Miami we were scared, we were fearful, and
we didn't want to take on Mr. Ball. We didn't want to do this and we didn't want to
to that, and we lost it. And we lost it not because of any action of this commission.
We had no choice. We were up against a wall. We had to back off. We lost it because
at the inception, it wasn't conceived that we would do this the way it has to be done.
Let me tell you. Yes, there is financial risk. The financial risk is that we have
somewhat under 15 million dollars that is earmarked for this property. Should under
quick -taking, I want to tell you as I recall what happens under quick -taking. We have
to go in with our appraisals, our two appraisals. The judge has to determine that
our appraisals are reasonable. Then we put the money that our appraisals say the
property is worth into the bank then the property is technically ours. That means
that the FEC has to stop doing all of its shipment, and I am sure they are going to
sur for all kinds of breaches and all kinds of damages on their part, and that is
something we are going to have to defend. Now, that is going to come up very quickly.
Mr. Paul may be right. Mr. Paul's opinion is that it is never going to come up to
trial before a 12-man or woman jury, because obviously the indications, and I think
the feelings are that the people of this community are not going to let the FEC and
Mr. Ball get these exorbitant prices. So I think we are going to end up negotiating
this way. However, assuming we don't negotiate, a:::d assuming we do go and we fight
it to the end, I:think that we are going to have the faith first :of all, of our two
Err
80 J U L 2 81977.
EMM
MW
appraisers, secondly, the faith that if it should be more, that Metropolitan
Dade County is going to assume the responsibility that it has shirked up until
now, and that hopefully the state will have to do the same thing. We have federal
funds we can apply for, federal funds that will be coming to this community in the
subsequent years. Lastly we can go and borrow against future tax funds until we
get the matter cleared out and resolved. So there are plenty of different avenues
and alternates that we have to solve the problem, should this matter go that way.
We are nowhere near disaster.
Mrs. Gordon: Absolutely not. As you mentioned without going into details, the
Department of the Interior has the funds available for open space acquisition
according the letter we received. The state is looking into it in other area
of funding are available.
Mayor Ferre: Lastly Rose, the people of this community has expressed the will to
take this property and have it in the public trust. We are right now under -bonded,
under any analysis. The city has only 132 million of general obligation bonds. We
are allowed up to 580 million dollars under the state. Right now we have as you know,
we have gone in Moody's to a rating of A+. We have a A rating with the Standard and
Poors, which is a very good rating. Philadelphia for example has a B rating and the
City of New York has a C rating. But and A rating and an A+ rating are good ratings.
As you know the last time we sold bonds we sold at under 5%, a half -point under Metro,
so it seems to me we have many, many different avenues that we can pursue if that should
be necessary at the proper time. Therefore I vote yes.
Mr. Plummer: Mr. Mayor let me make the record clear. You have made a statement
which I don't want ever to be in a record, that J. L. Plummer voted against what
the people have spoke to in this community. Mr. Mayor you made the statement the
people have said to take this property and put it into the public trust. You are
correct. What the people spoke to is the very problem we are into right now. In that
bond issue which the people had the right to say yea or nay, was 8 million for this
particular parcel, and 7 million for the Ball Point. You saw what happened to us in
the Ball Point. The first time we started to move, we started reading in the Miami
Herald about 30 million dollar deals. Now, that money has been taken and put over
with the other deal. We are now at 15 million which our appraisers tell us is what
exactly the cost is, and we are not even figuring the 1.5 million of cost to acquire.
So Mr. Mayor I say to you the people did not speak to us to acquire at a price re-
gardless of what was set by a jury, but a figure which was presented to them in a
bond issue, if I am not mistaken of 8 million dollars for that parcel of property,
and nobody now will deny it is now going to cost us at least double that and maybe
more.
Mayor Ferre: Well, let me put it to you this way. If we had done it when we should
have done it, perhaps we wouldn't be sitting here worrying about how much more it
is going to cost.
Mrs. Gordon: Right.
Mayor Ferre: The trouble is we go around pussy -footing on these things, and scared
to death of getting on with the job, and worrying about what is going to happen.
Let's get on with it, and get these things decided right now.
81
JUL 281977
,' 1 AUIVRI2E CITY ATTORNEY To NEGOTIATE CONTRACT WITH LEON BLACK, ESC+, AS
SPECIAL COUNSEL FOR F.E.C. CONDEMNATION PROCEEDINGS.
of
Mrs. Gordon: we wererconsidering25 Mr. Mr. Leeayor by Black. Mr inserting
wouldn''tethe
Can weesolve NO. tthatresolution
attorney who we
be fine if the name were changed?
Mr. Knox: I think attached to it is a proposed contract.
nt with
t Mr.
ck
Mayor Ferre: o itvfordthewsame,amouunntin offull moneygthatteMr. Ferrelltw was going tondo it
has got to d
for. They were about the same.
Mr. Knox: I think it would be possible, and I am sure there wouldn't be a problem
B ack
with Mr. Black if you passed a motion, and we prepare a resolution naming Mr.
because he has a right to negotiate and he has not formally agreed to represent
the city in this matter.
Mrs. Gordon: I would so move, however I want to ask you if a motion is sufficient
for you to go ahead and go into to contract with him, or must you have the resolution
tonight because we don't meet again until September.
Mr. Knox: You can pass a motion and I think we will be able to agree with Mr. Black
that there will be a formagain and heof agreement at the would compensated aliest reas reasonable amountle eforter
what -
the commission meets ag
ever services he performs.
Mayor Ferre: No, no, no. You have to put in there, at no more than what we had
agreed to pay Mr. Ferrell.
Mr. Knox: Those details can be worked out at the September meeting. Between
now and September we can engage Mr. Black.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 77-631
A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO BEG'H
NEGOTIATIONS WITH LEON BLACK, ESQ. FOR SPECIAL LEGAL SERVICES TO
PROSECUTE AND/OR DEFEND ALL ASPECTS OF THE EMINENT DOMAIN ACTION
SO BE FILED IN THE
OF MIAMIIRCUIT v.FLORIDATIN DADE EAST COASTORAILWAY FLORIDA,
TO BE
AL
STYLED
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the fClommissi
AYES: vote:
Manolo Reboso
E
Commissioner Rose Gordon
Vice- Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: Mr. Plummer.
Mr. Plummer: My vote does not reflect, I think, the capabilities of Mr. Blacic,
WOE
ITIM
M
•
AUTHORIZE CITY MANAGER TO NEGOTIATE
AGREEMENT WITH:
BET HUNE-000MAN COLLEGE FOR USE OF ORANGE tat,
The following motion was intrd uced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 77-632
A MOTION AUTHORIZING AND DIRECTING THE CITY MANANGER
TO NEGOTIATE WITH BETHUNE-COOKMAN COLLEGE FOR THE USE
OF THE ORANGE BOWL STADIUM FOR A FOOTBALL GAME TO BE HELD
AT THE STADIUM AT A SPECIAL RATE TO BE NEGOTIATED BY THE
CITY MANANGER
it Upon being seconded by Commissioner REboso, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mrs. Gordon.
30, EMERGENCY ORDINANCE: ESTABLISH 3RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT-
INTERIM SOCIAL SERVICE PROGRAM TRUST AND AGE4C' FUND ACCOUNT,
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE ESTABLISHING THE THIRD YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT -INTERIM SOCIAL
SERVICE PROGRAM TRUST AND AGENCY FUND ACCOUNT; PROVIDING
FOR REVENUES THEREIN FROM A FEDERAL GRANT IN THE AMOUNT
OF $101,586 AND MAKING APP'OPRIATIONS THEREFROM IN A
CORRESPONDING AMOUNT; FURTHER AUTHORIZING THE CITY
MANANGER TO ENTER INTO AGREEMENTS WITH CERTAIN APPROVED
SOCIAL SERVICE AGENCIES AND RATIFYING, APPROVING AND
CONFIRMING PAST ACTIONS OF THE CITY MANANGER CONCERN-
ING SAID AGENCIES; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE
was introduced by Commissioner Plummer and seconded by Commissioner Gibson
ent
fr adoptionanase an tworsepara easure days,and whichswassagr edth tothe by thefollowingof
reading same
vote:
AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso.
ABSTAINING: None.
Whereupon the Commission, on motion of Commissioner Plummer and seconded
by CommissionerGibson
he following vote:
AYYE:.P�,Rev. Gibson, Mrs. Godon,MayorFerre.
NOES: NOne.
ABSENT: Mr. Reboso.
ABSTAINING: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8674.
The City Attorney read the ordinance into the public record and announced that
copies were available to the membere of the City Commission and to the public,
asor
F1 ST READING ORDINANCE: ESTAI3LISH 3RD YEAR COsVUNITY DEVELOPMENT PROtRAM
AND SOCIAL SERVICE PROGRAM TRUST & AGENCY FUND ACCOUNT.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A THIRD YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT -SOCIAL SERVICE 'PROGRAM TRUST AND AGENCY
FUND ACCOUNT; PROVIDING FOR REVENUES THEREIN FROM
A FEDERAL GRANT IN THE AMOUNT OF $293,560.AND MAKING
APPROPRIATIONS THEREFROM IN A CORRESPONDING AMOUNT;
FURTHER AUTHORIZING THE CITY MANANGER TO ENTER. INTO
AGREEMENTS WITH CERTAIN APPROVED SOCIAL SERVICE AGENCIES
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE
Was introduced by Commissioner Plummer and seconded by Vice -Mayor Gibson,
and passed on its first reading by title by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso.
The City Attorney read the ordinance into the public record and
announced that copies were avilable to the members of the City Commission and to
the public.
32. SUPPORT APPLICATION OF GROVE HOUSE FOR FUNDS NOT TO EXCEED $8,200.00.
Mayor Ferre: Rob Parkins, what is it we need to do for Grove House?
Mr. Parkins: Very quickly we had Mr. Hurwitz appear sometime back to submit
an application for $16,400.under federal revenue sharing. It was evaluated under
that context but it did not qualify, but did qualify under quality of life and
we have a memoranumd we prepared in that context. We recommended that $8,200.
be awarded, to them at this time to meet the expenses.
Mr. Grassie: We can do that Mr. Mayor. The item is not on your agenda I am
afraid. I don't think we have any particular problem in working something out.
We don't have the material in front of you. If you want to pass a motion of general /
support.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
NOTION NO. 77-633
A MOTION SUPPORTING GROVE HOUSE IN THEIR APPLICATION
FOR FUNDS NOT TO EXCEED $8,200. THE DETAILS OF SUCH
DEAL TO BE WORKED OUT BY THE CITY MANAGER
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote:
AYES:Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT:Mr. Reboso.
33. PERSONAL P?PEPR NCE: MR. ZII.BER AND MARGUERITE SCHWARTZ REQUESTING FUNDING
FOR TRANSPORTATICN FOR THE HANDICAPPED.
Marguerite Schwartz of Metropolitan Dade County appeared requesting funds for
transportation for disabled people.
Mayor Ferre stated this was something the City should take an interest in.
Mr. Grassie: I think it needs serious consideration Mr Mayor. I have had a
very brief discussion with Mr. Dyer on this subject. What I suggest to you
Is that this needs some serious evaluation in terms of not only what it does
84 JUL 281977.
for the cityi if it does help, and particulatly what it does for transportation,
county -wide. The first thing I would need is some kind of response from the County
Transportation organization, on where this fits into their plans, and if it does.
Because there is some question of whether or not it even does.
Mayor Ferre: There is nothing we can do. You work through August with the Mananger.
In the first meeting in September,would you schedule this again with a specific
recommendation, taking into consideration that this city has always been inclined,
Metro or no, to help the handicapped, if we can. But I don't think we should
do anymore than a fair share. And I think unfortunately Ms. Schwartz, you are
going to have to recognize that the way we think is very much impaired by the
way Metro treats us , which is not very well. Although I hope you will find out
in the meantime, and tell your respective bosses that if they want the left hand
to wash the right hand, that once in a while the right hand to do a little bit
for the left hand.
Ms. Scwartz: And if I understood you correctly, you said I should supply certain
information to the Mananger. And you will reschedule it for September.
Mayor Ferre: Yes. Thank you very much.
34, CONTINUATION OF HEARING CONCERNING POSSIBLE REVOCATION OF LICENSES OF
GAYETY THEATRES, INC., DBA PUSSYCAT THEATRE I AND PUSSYCAT THEATRE II.
Mr. Knox: Mr. Mayor and members of the Commission, this is a completion of the
hearings on the possible revocation of certain occupational licenses. Following
a format that has been established, the Assistant City Attorney, James Steinfeld,
will present the Commission with evidence of the issuance of a license, evidence
of a conviction based upon the business which conducted pursuant to the license
and the respondents will have an opportunity to present whatever information they
have and all of us will be available to answer questions of the commission. With
that, Mr. Steinfeld will proceed.
Mr. Steinfeld: The first case I would like to proceed on is the Gayety Theater, Inc.
d/b/a Pussycat Theatre I.
Mayor Ferre: Where is the Pussycat Theatre:
Mr. Steinfeld: Pussycat I is at 7770 Biscayne Boulevard. The first thing I would
like to proffer.
Mr. Joe Minceberg:To my dismay I have to interrupt him Mr. Mayor and tell him,
I am Joe Minceberg appearing on behalf of Gayety Theaters Inc. I would like to
correct a statement that was made by the City Attorney that the resolution
before the Commission deals with, and the ordinance deals with, a violation of
the State code for which the business in engaged. The ordinance does not read as
such. It states the license may be revoked for any violation of the State of
Florida or municipal code. It does not have to be connected with a business within
which the business is engaged.
Z further have some other preliminary matters I would like to bring to the
Commission's attention. I do not see Commissioner Reboso present.
Mayor Ferre: He is present. You just can't see him.
Mr. Minceberg: When I was advised of the meeting this evening I thought to myself
that it may be advisable and it may be my duty to attempt to sway the Commission,
or to chastise the Commission in way and manner in which these hearing have been
conducted. I decided against that for various reasons, but I would ask each and
every commissioner in light of the public statements that have been made by the
Mayor and by Commissioner Plummer whether the commission in its own mind feels that
they have prejudged these cases. I feel that by virtue of the statements and by virtue
of the opinions expressed publicly and privately, that the matters have already been
prejudged. I am an attorney who , specializes in criminal law and appellate practice
and I am unfamiliar with dealing with a tribunal that has already decided the question
before it is presented. I just post that to each one of the commissioners to consider.
In addition, without belaboring the point, I will not carry on as my colleagues did
on July 14 as if this were a full-scale trial. I will notify the Commission informally
85
because you vill be getting formal notice that each and every one of you
individually and in your capacity as City Commissioner, have been sued in
the federal district court for the southern district of Florida,alleging
among other things a conspiracy to violate the civil rights of the parties
who are aggrieved and I do fully anticipate that my client will be an aggrieved
party at the conclusion of this hearing.
I want to read parts of the complaint. You, have not been served formally with
a complaint, --but parts of it, we are alleging that each and everyone of you
know, or should know, or should have been advised, if not advised, should know
on your own, that you are proceeding in an unconstitutional manner. You are trampling
upon the first amendment and 14th Amendment, constitutional rights of the people
that have been affected by their license evocation. By virtue of this knowledge
you are affecting the civil rights of the collective group in concert. Not only
in concert among yourselves but in concert with the city of Miami police department,
and the prosecutorial staff. Practically speaking what this means is, by your actions
you are going to subject the City and the taxpayers of the city to long and protracted
complex, constitutional litigation..Not only that you are subject yourselves and the
city to monetary damages if we are to,prevail. And the opinion in the legal community,
at least from the defense standpoint is,that we are going to prevail. I might add that
in revoking the business licenses, you are causing the City of Miami Police Department
to effectuate arrests at the premises for operating without a license. You are causir(
the City of Miami Police Department to proceed to effectuate these arrests under City
Code 30-1 which I will read to you.
Mr. Plummer: Excuse me, may I interrupt? Mr. Knox it is my understanding that we
are meeting here this evening to try the case. Not to get opinions of what the
attorney feels is right and what is wrong and how he things the outcome of his
case in the federal court will be. If I am not out of place I think we ought to
proceed to try the case and the let the federal court try that case and see who
will prevail. Unless I completely out of character, I think this commission should
continue to hear the case as it is presented for us, and any other matters, the
attorney is free to pursue in whichever way he feels is right. I don't see it as
part of this proceeding.
Mayor Ferre: Mr. Knox give us an opinion on this.
Mr. Knox: The city if preapred to proceed with conduct of the hearing, and
the chair has the right to reasonably limit discussion after determining a
fair hearing has been made.
Mr. Minceberg: Yes. I will conclude with just two things. I would ask whether
the Commission feels that they can conduct and decide in fair and impartial
manner.
Mayor Ferre: I don't think the Commission is bound to answer any questions
of that nature, because they obviously are legal questions that are going to
be determined by courts. So therefore, what else have you got to say?
Mr. Minceberg: In light of that Mr. Mayor I will allow the City Attorney to
proceed. I would inform the Commission that the Miami Chapter of the American
Civil Liberties Union has voted and they are going to join in, in any litigation
that we intend to pursue. You cannot hide behind color of law, which is what you
people are doing.
Mr. Plummer: Mr. Mayor I am going to stop this,--- I find this as a threat. What
this man wishes to pursue through the ACLU is his business and he has that right.
But I don't think I have to sit here and be threatened if I do one thing, I am
going to be in federal court, ----I have to tell this attorney very frankly.
Stand in line. If the ACLU has been to this commission, -----
Mayor Terre: We are wasting time. The Chair rules to tell you to wind up your
statement quickly so we can proceed.
Mr. Plummer: Mr. Mayor I don't have any objections to his statement. It is the
kind of statement I consider a threat.
Mayor Terre: Mr. Plummer I agree with you, but we live in a free country.
l don't agree with what this man is saying. Let him say it, hurry up and aay it.
And get on.
86
JUL 281977.
i
Mt. )Minceberg: I don't intend to engage in a personality conflict. Gotta issiebtr
1'lut®et it was not a threat. It was an advice, suggestion of what you ate subjecting
the taxpayers of the City of Miami.
Mayor Ferre: Do you have anything else to say?
Mr. Minceberg: Nothing else.
Mayor Ferre: Thank you very much.
Mr. Steinfeld: The first thing the City would proffer is the certified;:copy
of license 1208 issued to the Gayety Theater Inc. d/b/a Pussycat Adult Theater
and license #37081, duplicate copy, and a duplicate copy of license 1208 and the
renewals. I proffer this to the City Clerk and ask counsel if he would like to
see a copy or any members of the commission before I proffer it to the City Clerk.
Mr. Plummer: For your purposes I would tell you make them on the record.You can
only do that at the microphone.
Mr. Minceberg: Commissioner Plummer has asked me to place something on the
record and I intend to do so.
Mayor Ferre: Hurry up.
Mr. Minceberg: On behalf of Gayety Theaters Inc. we object to the proceedings
as null and void and in violation of the Constitution of the United States.
Mr. Steinfeld: The next thing the City would proffer would be the certified
copies of conviction of Gayety Theaters Inc. 7770 Biscayne Boulevard, d/b/a
as Pussycat Theater, ----two convictions, case #i7665151 and 7750438. Again
before I proffer it, ------, that concludes the City case according to Ordinance
No. 30-11. These people held a city license, they have been convicted of obscenity
charges and therefore under Ordinance 30-11 are no longer entitled to hold a City
of Miami business license.
Mr. Plummer prior to voting: Based upon the memo supplied to us by the City
Attorney, two criteria needed to be met, No. 1 there was issued a license, No.2
there was a conviction, I vote yes.
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 77-634
A RESOLUTION REVOKING CITY
THEATRE, INC., d/b/a/ (1)
BOULEVARD, MIAMI, FLORIDA,
BISCAYNE BOULEVARD, MIAMI,
OF MIAMI LICENSES ISSUED TO GAYETY
PUSSYCAT THEATRE #1, 7770 BISCAYNE
AND (2) PUSSYCAT THEATRE #2, 7770
FLORIDA
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote: AYES: Mr. P1unnner,Rev. Gibson,
Mrs. Gordon. NOES: None. Absent: Mr..Reboso. Abstaining: Mayor Ferre.
A motion to make the period of revocation one year was introduced by
Mr: Plummer, seconded by Rev. Gibson and was passed and adopted by the
following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon. NOES: None.
Absent: Mr. Reboso. Mayor Ferre Abstained.
Mayor Ferre; Show me not voting because of the fact that Miami Caribe was the
proprietor of a property which has not been running for a year. By the way, as
of tomorrow that property is being sold, thank goodness. I wouldn't have a conflict
if it were after tomorrow. But I can't vote now.
MW
MW
ME-
87
4
i CONTINUATION OF HEARING CONCERNING POSSIBLE REVOCATION OF LICENSES OF
IMPORT & EMS -WENS SERVICES, INC. DBA ESCORT SERVICES INTERNATIONAL,
Mr. Steinfeld: The next case would be Import and Investment Services, Inc.
d/b/a Escort Services International. The first thing the City would like to
proffer is a certified copy of the application license #32330 and duplicate of
same,showing that Import and Investment Services,Inc.at 7120 Biscayne Boulevard was
indeed issued a license and that one, Norman F. Chiodo signed the application
as president, for such license.
Mr. Harry J. Hamilton Jr.: I am Harry J.Hamilton Jr. for Import Investment Services
Inc. I object to the introduction of this evidence on the grounds that no proper
predicate has been laid nor has the license been authenticated.
Mr. Steinfeld: I would next like to proffer the certified
and assignatithe on
conviction
of Norman F. Chiodo for offensive and lewd acts, prostitution
as tried by and convicted by a jury in Broward County on December 8, 1976. Also
certified copy convicting Norman Frank Chiodo for prostitution, plea of nollo
contendre in Broward County on January 28, 1977.
Mr. Hamilton: I would before this piece of evidence is proffered,I would most
strenuously object until and unless the Assistant City Attorney is prepared to
make a tender of proof that the convictions to which he refers as you will note
gentlemen, he has referred to Broward County convictions. And until and unless
he can make some correlation and show that these convictions aren't anyway
related to the operation of Import and Investment Services Inc. or Escort Services
International I would object to the introduction of them as evidence on the grounds
that they are irrelevant and immaterial to this matter.
Mr. Knox: 30.11 refers to convictions and makes not reference to jurisdiction
on which these convictions have been obtained.
Mr. Hamilton: I would assume however that the convictions must bear some correlation
to the subject business and there has been no showing that these convictions bear
any relation to the subject business.
JUL 281977
i4
Mt. Connors tWell, I believe this will be tied tip in the next conviction.
yy - the nature of the conviction,as I said,with CUatmissivn of offense arx3 lewd acts,
prostitution, assignation and procurement for prostitution. The next conviction Which
I will proffer will be for an employee of Import Investment Services at the particular
location involved at 7120 Biscayne Blvd. for offering to secure another for the purpose
of prostitution and/or indecent acts.
Mr. Harry Hamilton: Again, I must point out to the Ccmnission that the Assistant
City Attorney has made no proffer, no Showing that the convictions as related to
Norman Chiodo have anything whatsoever to do with the conduct of In ort and Investment
Services, Inc. or Escort Services international. Mr. Chiodo is not here in a
criminal proceeding.
We are here on a license revocation he ring pertaining to a specific
business, to a specific business enterprise. A conviction in Broward County of an
individual does not have anything to do with these proceedings until and unless the
City Attorney is prepared to show that this conviction is in any way materially related
to the conduct of the instant business.
Mr. Connors: Again, I can just proffer that Mr. Chiodo for the record signed as
president of the...
Mr. Hamilton:
Mr. Connors:
Servioes,Inc.
Mr. Hamilton:
Seuvioes,Inc.
Mr. Knox: Mr. Mayor, the chair nay make a determination as to whether or not a
conviction for the offenses have been articulated in the opinion of the Commission
is reasonable related to the conduct of the business of an Escort Service.
Mayor Ferre: The chair so rules. Continue.
Mr. Hamilton: Rules what,Mr. reyor?
In favor of the statement- as made by the City Attorney that there is
between the previous conviction and the matter that's before us.
I would object to the introduction of this evidence for the record.
Mayor Ferre:
relationship
W. Hamilton:
And my only response to that...
Counsel, can I finish? Thank you. As President of L port and Investment
in the City Records, City of Miami.
Mr. Chiodo was not convicted as President of Ihyurt and Ines �ei1t
Mr. Connors: Next, City would like to offer into evidence a certified copy of the
conviction of one/John R. Donaldson at 7120 Biscayne Blvd. for offering to secure
another for the purpose of prostitution and for lewd and indecent acts. The conviction
being May 10, 1977.
Mr. Hamilton: Again, before the evidence is introduced I would object on the grounds
that no proper predicate has been laid/that the record of the conviction has not in any
way been authenticated and I would therefore object to its introduction.
Mayor Ferre: The chair rules similarly to the previous case that it is to
and it does contain to what is before us.
Mr. Hamilton: I might also point out for the benefit of the Commission that W.
Donaldsoan,that this is a conviction of an individual, that at no time has the corporation
been convicted or that this is not evidence of any conviction by the owner, owner/
corporation, or the owners of the business.
Mayor Ferre: Go ahead.
Mr. Connors: The City would next like to offer into evidence a certified copy of an
order of contempt of a W. Phil Douglas, an employee of Escort Services International
for running a business for the purposes of prostitution . Again, this is an order
in Ft. Lauderdale, Broward County, signed by Circuit Court Judge.
Mr. Hamilton: Again, I would object on several grounds. First of all, Mr. Douglas
is not an employee of Escort Servioes,International• Secondly, this is a civil order.
Thirdly, Mr. Douglas has not as of this date been convicted of any civil or criminal
infraction, or charged either misdemeanor or felony in the courts of this state, and
finally, that the civil judgment to which tjity Attorney refers is in fact a civil
JUL 9.R 1977
MWM
at
EM
.
wider appeal to the 4th bistriCt Court of Appeals, order which is presently on
order ► a criminal finding is riot ya,�ed as a finding �� of this
a Criminal has been dismissed. Again► • I must Object to
guilt until SUCh
has laid,immaterial
evidence then theeegl that ro prover predicateand it is both civil mat
toa ly grounds . This is Bra.rard Co ntY
and totally irreverent to this to this proceed
proceeding.
� the rules of evidence
Mr. Knox: Yes sir. As to this proffer of evidence,in as much of information of ewhile
are relaxed if any determination of the City Commission this piece
determination with respect to a conviction if it will give some
not relevant to a information to the Commission or the chairperson can decide that this information is
admissible.
Mayor Ferre: rules that the information is admissible. Proceed.
The chair
Mr. Connors: That cormclmries the city's
race that there was in fact a City of Miami.
License issued to Escort Services►International. That was in fact a conviction of
the
President of such corporation, that there was in fact a con'ictienof an mpll and
the particular location for a similar act that being offered for prostitution,
1 was in fact convicted in Broward County, excuse me ► was found
in c anotheremptorm>p employee a business for prostitution in Broward County, and therefore
in contempt for operating Escort Services,
under ordinance 30-11 port arx3 Investment Services,Inc.
d/b/aex/me ► a es lice -se
International is no longer entitled to hold an occupy
in the City of Miami, Florida.
I indicate and advise the Commission that
Mr. Knox: For the record Mr. Mayor, may on the basis of a civil contempt order'
this license may not be revoked solely upon and reasonable grounds.It may be revoked if the City Commission finds other just
concluded its presentation now? May we per? I'm
Mr. Hamilton: Has the City king to proceed in an all due decorum Mr. Mayorinto another
so that we don't get t like somebody has
side show. Very good. First of all gentlemen, I feel sa lea ocean
lg
been standing at the ocean with a broom trying to sweep Should realize
listenito
these proceedings today. I do think thattthe Commission in its wisdom
in viewing these cases as separate and individual cases and I trust thatyouare es
doing that. That there are several important and I feel certainirhas considered
between this particular case and the other matters that the Commission
on this agenda. If you have before you a copy of this specific Charge that is the
You will see that it is based on three counts.
charging mot, the notice to appear• to you information wha.�h I believe
I will attest to each count and to profferudicial proceeding
relevant and which I and which I believe in a Cat Z.ayouw1ill3 notice that unlike
you can takereferring to tice of. First of all, referringsame of the cases that the Commission has previously determined. We are not involved r
here with a conviction or charge inuring to any — to the subject holder of the licens
Escort $e=yioe, International/Impart and `� oft �yt � �' �, jurisdiction Incorporated /a Escort
of the `=
Service,International has not been con
State of Florida. The only conviction that the state or the city has proffered is the
conviction of one employee. We might point out to the Commission that this employee
of
FEm
is no longer employed by ay client. I think the Commission certainly is cognizant
on a constant _
difficult to police ones employees entity
the fact.that iti is on of an very when he finds he or she or the employee
basis. The obligation of any employer �,1e yam,, is to dismiss than. Beyond that
finds that a particular employee is violating Count he or she or it has very little in the way of remedy. Resorting Counproceed. t
et II, not do oon Omunt
II & III lady, gentlemen ► I am somewhat at a loss license e�h to
lder l� of any --
in either Count II or III any indication that the ice
an employee
Q•�. What we have is an indication that the president of thef company, y of Miami,
was convicted in Brc'ward County, table .
of the corporation of Dade of certain offenses. These offenses are refire
indeed offenses
of the w herery a 1 to the Commission for the commission of
These offenses I am now 17� make po ocmy emmermts of
you
offenses, but I do feel that in all due �utszde of this jurisdiction
due process that ycannot once again impugn conviction o� because this employee
of one individual to a corporation, to a business. You can'ta yes been no sower
was convicted, not even here and remind, I remind you t
that these convictions had anything
do with the running of Escort Service,Internationa.l.
That these convictions are totally irrelevant and immaterial to the matter which is here
before us today that is how this business conducted in the City of Miami Finally, as
in this matter
far as Count III goes I am totally at a loss. I represented Mr. Doug Douglas matter
not
and I might point out for the Commission that as I said before ee Philipr. Import and Invest-
ment not
an employee of Escort Se vice,International. He is not an employee
CrystalInvestmentImport
dIn
ment Services, Inc. Mr. Douglas was employed by a Y
Corporation, which ran an escort service in Ft. Lauderdale. He has not as of this date
been convicted of any crime gentlemen. He has not been convicted of any civil or
He has not even had a trail on it. This particular matter that
tcriminale and what I ; APr a far reaching attest to find grounds for this
the city evo what I can onlyuh tons a civil action, which as I pointed out is present.
license z�vocat:.ion has sought to i 90
JUL 2131977
to..the 4th District Court of Appeal‘ And, by reciting what in effect
`1'° 1 can assure you Mr. Douglas is presently
is an order � that <Yias`: mt dame. �.�in� - effec.-t., .. . d fine, 'I�at they cat
Walking around out on the street, not n jail,"hasn t:.pai any
impugn this civil matter, this civil finding to my client, to the corporation, nor
have they made any showing, any Showing whatsoever that this matter is in anyway
related to the conduct of Import and Investment service,Incorp. or Escort Service,
International. I think that the Commission can see that their are profound and
circumstantial differences in this particular case. I think that the Commission in
its wisdom can see that their are not sufficient grams
to order a license revocation.
out
We are not talking about a series of repeated offenses. We areoctetalking
om s bodybtotodaymulti-offenses. The only, the only evidence which has been proffered
has been the conviction of one employee, My only comment to that is that if the state
felt that it could convict the corporation it should have so charged the corporation
which it did not do. I would respectfully suggest and ask the Commission in its
consideration of this matter to take these matters under advisement and not to revoke
the license of my client. Mr. Mayor► before I finish and I'm wing this for the
purpose of record. I would for the record object to the conduct of this hearing on
certain enumerated grounds. I would object to it on the
grt�thatthat
it Section
30-11
is unconstitutional on its face whereas applied to mY wisco the holder
vague that you failed to provide any reasonable standard of conduct by
of the subject license can be judged. Secondly, that the subject ordinance is un-
constitutional on the grounds of being overly broad. And, finally that the quasi-
judicial nature of the proceedings herein do not provide to the license holder any of
the substantial guarantees of due process guaranteed to us all by the United States
Constitution and the Constitution of the State of Florida. That concludes my
presentation. I thank the Commission for its attention.
much counselor. You have anything else you
Mayor Ferre: Alright, thank you very
want to add?
Mr. Hamilton
ation.
Mr. Connors: The City had, just in the way of rebuttal. I would just like to read
a portion of the City Code, that is the license revocation proceeds directly from the
finding that there has been a violation of the city ordinances. The intent of the
ordinance read as a whole is easily determined to be a violation by the licensee or
his agent as detprrnined vs. City of Miami. 17 Florida Supplement, 72
affirmed by Third District Court of Appeal. 127 683. Thank you.
Mr. Hamilton: I would for the re`x)id abject to the proffer of any information after
the conclusion of the City's present :+.ion. Thank you very.
Mayor Ferre:
Ft. Hamilton:
Mayor Ferre:
Rev. Gibson:
Mayor Ferre:
I was under the impression that the City had concluded its present -
Anything eisP you want to add:
%'hen I rest I rest.
Alright, any further discussion on this by the Commission?
Mr. Mayor I move this matter as I did the others.
Father Gibson moves. Is there a second?
ve. ?lumen I second it.
Mayor Ferre: Seconded by Carmissioner Plummer. Further discussion. Call the roll.
The following resolution was introduced by Vice -Mayor Gibson, who moved
its adoption:
RESOLUTION NO. 77-635
A RFSDUOTION REVOKING THE CITY OF M MI LICENSE
ISSUED TO IMPORT AND 1NVE1ME T SERVICES, INC.,
d/b/a ESCORT SERVICES fl RNATIUNAL,
BCCLEVARD. MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Won being seconded by Commissioner. Plummer, the resolution was passed
and
meted by the following vote-
: Vice -Mayor Rev.) Theodore R. Gibson
Caim}ssi.oner Rose Gordon
* ssMaJr.
Commissioner J.
Bbas°
Mayor Maurice A. Ferre
JUL 281977
etl
IJLt, CALL;
Mt. Plummer: Based on the; .two criteria •:set forth it the imam of the City Attothey4
Nutber one that . a license was issued. And, I will read iitiu license niinber 32230
showing Norman F. Chicado as President and also then reading two the Circuit Court
of Sroward County in which Norman F. Chiodo was convicted for the offenses so outer
lined, it does in fact tie him as President of this corporation which in fact has
not been changed to date. I vote yes.
Mayor Ferre. Alright. Now is their further motion on this?
Rev. Gibson: Mr. Mayor I move that this establishment be given the same
time as the others, one year.
Mayor Ferre: Alright there's a motion. Is there a second to the notion?
Mr. Plummer: Second.
Mayor Ferre: Seconded by Plummer. Further discussion. call the roll.
'Thereupon the foregoing notion introduced by Vice -Mayor Gibson and seconded
by Commissioner Plummer was passed and adopted by a unanimous vote of the Commission
that the revocation is for a period of one year.
Rev. Gibson: Mr. Mayor, I think out of fairness to the people they ought to know how
many days or how much time they have for it is expected that they no longer can or
will do business. Is that immediately five days, one day, two days? That they ought
to know precisely when they are to cease and de cist in doing business. So that if
they have to make payrolls for instance, you know. Counsel you tell us.
Vt. Knox: Yes sir. Based on the passage of the resolutions the revocations are
technically effective immediately. We have established a precedent to allow for all
of these continuances. The Police Department has historiratly in these cases given
a period of four to five business days in which these establishments may cease their
operations.
Rev. Gibson: Alright sir. They now know.
Mr. Plummer: I asked the City Attorney's Office to bring me a list of any others
that were still in existence, that haven't been shown with conviction. there is the
list?
Mr. Connors: I have it here Commissioner Plummer.
Mr. Plummer: Why do I have to wait to ask for it?
Rev. Gibson- Go ahead.
Mr. Connors: No explanation. The list is fairly self -explanation There are twelve
specific theatres, : bookstores,or motels which are listed and the disposition sexually
of each one. Commissioner if you have any questions.
Mr. Plummer: Yes. The rest of them have been... well, let's just start at the top.
We've done number one and number two, right?
Mr. Cxamnors : Yes.
Mr. Plummer: Alright, number three is the New Yorker motel.
Mr. Connors: Right, that is -- that was closed by the Hotel and Restaurant Commission.
It is on appeal from their order of closure.
Mr. Plummer: They have a license issued by the City of Miami?
Mr. C cn mrs : Yes they do.
Mr. Plummer: Have they been convicted?
Mr. Connors: No they have not. But again as I said they have been convicted by the
Hotel and Restaurant Commission of the State of Florida and they are on appeal on that
conviction.
Mr. Pltatmer: Alright, what about Sinba3?— ----
92 JUL 20977 977
1.1
6
Mr . Connors: The Sinbad Motel was in fact -- their was r aged order for a
conviction and the Hotel and Restaurant CO mlission has put then an probation a
Showing any hard core, pornographic films. They have agreed that further any, that
any films that they further show shall be screened first by the Florida Hotel and
Restaurant Commission.
Mr. Plummer: What you're telling me is there is no more exisiting in the City of
Miami for which you can Trove upon, is that what you're telling me?
Mr. Connors: Commissioner that's exactly what I'm telling you. Until other book
stores and motels or theatres have been convicted of obscenity type related charges)
the City Attorney cannot hove.
Mr. Plummer: Let me ask you another question. This is now the second week or the
third week, isn't this about the third week we've been here on this?
Mr. Connors: I believe so Commissioner.
Mr. Plummer: Haw many new ones have opened up since we've starved?
Mr. Connors: When you say°opened up°you mean arrest records?
Mt. Plummer: No. How many new p1arps?
Mr. Connors: Oh places! Again, Commissioner I'm not sure I understand what you mean.
If you mean places that show... Excuse me.
Mr. Plummer: Have their been any new licenses issued?
Mr. Connors: Specifir-a1ly to theatres, troi-p1s,...
Mr. Plummer: Of those relating to the ordinances which we're hearing?
Mr. Connors: Well, again Commissioner I can only state that until they are judged
Obscene that we cannot decide whether they are in fact related to the ordinance.
Mr. Plummer: I understand that, but what I'm asking is if any new licenses been issued
to these kinds of places since we started these proceedings?
Mr. Connors: That particr.:lar information I don't have, because, again whether a motel,
bookstore, or ...
Mr. Plummer: Ok, you don't know?
Mr. Connors: Exactly.
Mayor Ferre: Alright Mrs. Rockafellar.
Mrs. Rockafellar: Mr. Mayor, I hate to disagree with our Assistant City Attorney, but
I have newspaper clips at here Showing the New Yorker, the Sinbad, and Aloha, all having
been convicted in our courts for obscene movies, showing for obscenity, violating the
obscenity laws. They have convictions in the courts.
Mr. Plummer: My question was very simple. If they are issued an occupational license
by the City of Miami why can't wL revoke their occupational license?
Mrs. Rockafellar: Commissioner Plummer, I've been trying to get a decision from the
City Attorney's Office for over a month on that very same thing.
Mr. Knox: ... R:iaht, rredi.ately... The problem with hotels and motels is that
the state has preempt e he field of regulation of hotels and motels through its hotel
and Restaurant Commission. The reason for the issuance of occupational licenses as
to hotels and motels as distinguished from other kinds of business establishments is
by revenue purposes and not for the purpose of regulations. The State of Florida has
preemptea the field of regulations, and the City of Miami has no power to regulate the
activities that take place in hotels and motels.
Mrs. Rockafellar: Even the movies, obscene movies?
Mr. Knox: If the activity is conducted in a hotel or hotel the State of Florida has
exclusive jurisdiction over those activities.
Mrs. Rockafellar: Well, I had a letter from the Board of Business Relations and it
was also verified by Ti✓d Mastos of the State Attorney's Office telling us that their
funds had been greatly depleated last yp3r and it takes than a long time to get around.
93
JUL 281977
T
I I
=
•?"
111
•
the City dculd do the job Much quicker by reVoking their occupational license than
Witihq for the state to get down here. Now this came from the Board of BusineSS
Regulations in 7allahassee1 also from the State Attorney's Office here in Dade County
and they wondered why the City didn't move to revoke these occupational licenses.
YOU could do it much quicker.
Mt. Max: Once again, after thorough research of the question. The State of Florida
has preempteethe field of regulation of hotels and TrotgOsandthe City of Miami has no
jurisdiction to revoke an occupational license. This activity takes place in a hotel
or motel and,therefore,it is the State of Florida Hotel and Restaurant Commission that
must enforce the state law as to those activities which are conducted in hotPls and
motels.
Mts. Gordon: George, may I ask a question for information? Can they operate if they
didn't have a occupational license at all? You knw, if, let's say they got permission
from the state but they never went and obtained an occupational license from us, could
they be open?
Mr. Knox: If they satisfied the state law. If the state has authorized a hotel or a
motel to do business then they can operate in the City of Miami. However, as to
hotels and motgos there is a distinction between the type or characterization of the
license. MUnicipalities are empowered to issue licenses for two reasons. One for
regulatory purposes and the other for revenue producing purposes. The City of Miami
cannot refuse to issue a license to an individual based upon same violation of the
state law after the state has certified or indicated that this hotel or motel is
authorized to do business. Now, so that the issuance of a license as a revenue
measure is based upon a certification by the state that this institution or establish-,
merit is authorized to do business and that is a decision that the City of Miami cam:
interfere uith.I'll put it another way. After a hotel or a motel satisfies theintent
of the Lari; relating to the regulation and conduct of their activities they have
as a matter of right, an opportunity to do business in the City of Miami. The City of
Miami does have the power to issue a license. This license rust be issued upon the
tender of the requisite fee.
Mts. Pockafellar: Well, may I ask a question when they issued the license for the
motels they did not issue them a permit to show hard core pornography film? They does
not come under the regulation of motels according to the information I got from the
State Division of Hotels and Motels.
Mr. Knox: Again, for showing of so-calledpornographic films in hotels or motels
is within the jurisiaication of the State of Florida. The State of Florida by its
statutes has preempted the field of regulatiaa.ahe doctrine of pre-emption means
that no other government entity may interfer or attempt to regulate those activities
where the State of Florida has exercised its prerogative with respect to their
regulation.
Mrs. Rockefeller: Even if they invite you in to do it?
Mr. Enox: If they invite us in to do it, we don't have any power. That's an invitation
that we must decline with thanks.
Mts. Rockefeller: Well, while I am here I want to take just a moment of your time to
thank you Mr. Mayor and this Commission and commend you very highly for having the
courage and the intestinal fortitude to carry out the powers that were granted you
when we elected you to office. And, the whole City of Miami tonight I'm sure is very
proud of all of you. We want to thank you.
Mayor Ferre: Thank you. Is there anything else to come before us row?
Mr. nors: Nb.
Mayor Ferre: Alright, then thank you ladies and gentlemen. And, now we're back to
the regular agenda.
1.
36. SECOND READING ORDINANCE: AMEND ORDINANCE 8589; INCREASE APPROPRIATIONS
AND REVENUE FOR FIRE DEPONENT BY $42, 181.00
,N ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO.8589, AS AMENDED,
AbOY1W NCOVE BER 11,1976, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR 1976-77 BY AM'E DI%
SES.'TIONS 1 AND 4 THEREOF; PROVIDING FOR AN INCREASE CP
$42,181 IN CERTAIN APPROPRIATIONS AND REVENUES FOR
ELECTRICAL SERVICE COSTS AT FIRE D1 PARB BENT INS'1ALIA-
TIONS WITH CORRESPONDING INCREASED REVENUES RECEIVED
AS REIMBURSEVENT FROM DADE C UNT Y; OJNPAINING A REPEALER
PROVISION AND SEVERABTLITY CLAUSE.
Passed on its first reading by title at the meeting of July 14th
taken up for its second and final reading by title and adoption.
On notion of Commissioner Plummer, seconded by Vice -Mayor Gibson, the Ordinance was
thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Camissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Cor issioner Rose Gordon
Mayor Maurice A. Ferre
ABSENT: Carrnissioner Manol0 Reboso
NOES: None.
THE ORDINANCE WAS DESIG ArLD ORDINANCE NO. 8675.
The City Attorney read the ordnance into the Public record and announced
that copies were available to the rnaribers of the City Commission and to the public.
37. AMEND ORDINANCE No, 8589, SECTIONS 1 AND u; INCREASE EXPENDITURES AND
REVENUES - $1,560,810 FOR COUNTER -CYCLICAL REVENUE SHARING PROGRAM,
was.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDENANCE VO. 8589, AS AMENDED,
ADOPTED NOVEMBER 11, 1976, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR 1976-77, BY AMENDING SECTIONS
1 AND 4 THEREOF; PROVIDING FOR AN INCREASE OF CERTAIN
EXPENDITURES AND REVENUES S IN THE » T OF $1,560,810
TO OFFSET CURRENT AND FUTURE EXPENDITURES FOR WHICH
SUFFICIENT APPROPRIATIONS DID NOR' EXIST; CONTAINING A
REPEATER PROVISION AND A SEVER BILITY CLAUSE.
Passed on its first reading by title at the meeting of July 14th was taken
up for its second and final reading by title and adoption. the
On motion of Commissioner Plummer, seconded by Commissioner Gordon, me
was
thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Cordon
Comm ssioner J. L. Plummer, e_r, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner Manolo Reboso
PLIES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8676,
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,
95
JUL 2U1977
4
SECOND READING ORDINANCE: 'PMEAN ORDINANCE No.8589, SECTIONS 1 AND 4:
INCREASE APPROPRIATIONS AND REVENUES $1,200,000 FROM FEDERAL REVENUE SHARING
Furors FOR STREET LIGHTING PROGRAMS,
AN ORDINANCE arm -
AN ORDINAINCE AM LADING ORDINANCE ND. 8589, ADOPTED
NOVEMBER 11, 1976, THE ANNUL APPROPRIATIONS ORDINANCE
FOR THE FISCAL YEAR 1976-77, BY AMENDING SECTIONS 1 AND
4 THEREOF; PROVIDING FOR AN SSE OF $1,200,000 IN
SIN APPROPRIATIONS AND REVENUES TO RE FLW: THE
PRESENCE OF $1,200,000 PREVIOUSLY APPROPRIATED FROM
FEDERAL REVENUE SHARING FUNDS FOR THE STREET LIGHTING
Per; CONMININS A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE.
Passed on its first reading by title at the meeting of July
for its second and final reading by title and adoption.
Chi motion of Commissioner Plummer, seconded by Vice -Mayor Gibson,
thereupon given its second and final reading by title and passed
adapted by the following vote:
AYES: Commissioner Rose Gordan
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
ABSENT: Commissioner Manolo Reboso
Nr S: Dion.
THE ORDINANCE WAS DFSIGN TID ORDINANCE NO. 8677.
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.
39, SEM READING ORDINANCE: AMEND CHAPTER 30 OF THE CITY CODE - „LICENSES",
ARTICLE III, BY ADDING: „PROFESSIONAL CORPORATIONS."
14th was taken up
the Ordinance was
and
AN ORDINANCE ENT -
AN ORDINANCE AMENDING CHAPTER 30, "LICENSES", ARTICLE III.
SCHEDULE OF LICENSE TAXES," SEC. 30-28, THE CODE CIF '1
HE
CITY OF MIAMII, FLORIDA, BY ADDING "PROFESSIONAL CORPORATIONS"
(INCUMING BUT NDT LIMITED TO PROFESSIONAL CORPORATIONS DEFINED
IN CHAPTER 621, FLORIDA STATUTES) TO THE "SCHEDULE CIF LICENSE
TAXES" AMID PROVIDING THAT A SEPARATE LICENSE MUST BE OBTAINED
FORA "PROFESSIONAL CORPORATION" IN THE AMOUNT OF FORTY-SEVaN
DOLLARS ($47.00) RDCAEDJ fSS OF ANY LICENSE REQUIRED OF ITS
OFFICERS, EMPLOYEES, AGENTS, OR SHAREHOLDERS; PROVIDING A
PENALTY; REPEALING ALL ORDINANCES, ES, CODE ur ONS OR PARTS
THEREOF IN CANDLICT, INSOFAR AS THEY ARE IN CONFLICT; AND
CICNTAThU2 3 A SI:VERABI LITY PROVISION.
Passed on its first reading by title at the meeting of July 14th was taken up
for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Vice -Mayor Gibson, the Ordinance was
thereupon given its second and final reading by title and passed and
adopted by the follwing vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
ABS: Commissioner Manolo Reboso
NDFS: None.
THE ORDINANCE % S DESIaNATED ORDINANCE NO. 8678.
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 pu} Lic,
1
9 JUL 2 8197,7
I
•
4111 0--
40
4Oi SECS READING ORDINANCE: ESTABLISH 2ND YEAR COITONITY DEVELOPMENT BLOCK
GRANT- PLANNING, DOWNTUNN MIXED USE COMPLEX TRUST
- AND AGENCY FUND ACCOUNT.
AN ovorMANcE tNrI'
AN ORDINANCE ESTABLISHING THE SECOND YEAR OONmJNiTiY DEVEOPMENT
$TIXK GRANT —PLANNING, IXJwirm MIXED USE COMPANY --'TRUST AND
AGENCY FUND ACCOUNT: PROVIDING FOR REVENUES TUEREIN FROM A
FEDERAL GRANT IN THE AMOUNT OF $5,000 AND MAKING APPROPRIATIONS
THEREFRII IN A CORRFSPOI D ING AMOUNT; FURTHER iEI? AUTHORIZING THE
CITY MAN'AC R TO EXF JJ E AN AGREI 1ENT WITH MIAMI DADE DOWNTURN
NEW WORLD CENTER CAMPUS FOR PLANNING AND DEVETOPMENT OF A �
USE DEVVEUDPME T C C BL1X KS , BLOCES 79, 99, AND 78 IN
MIAMI AT A COST OF $5,000; REPEALING ALL ORDtNAUZES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT; CONTAINING A SEVERABILI'I'i'
PROVISION.
Passed on its first reading by title at the meeting of July
for its second and final reading by title and adoption.
Crn motion of Cacmissioner Plummer, seconded by Viceyor Gibson
thereupon given its second and final reading by title and passed
adopted by the following vote:
Ate; G_ammissioner J. L. Plummer, Jr.
Commissioner Manolo R .1x so
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINAL D. 888679.
14th was taken up
, the Ordinance was
and
The City Attorney read the ordinance into the public record and announced that
oapies were available to the members of the City Commission and to the Public.
41, SEM READING ORDINANCE: ESTABLISH 2ND YEAR COMMUNITY DEVELOPMENT BLACK
GRANT -PLANNING, JAOGOI HQSPITAL. COMPLEX TRUST
AND AGENCY Flom ACCJNT,
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING THE SWAM YEAR COMMUNTTY
DEVELOPMENT BLOCK GRANT - PLANNING, jACXSON HOSPITAL COMPLEX -
TRUST AND AGENCY FUND ACCOUNT; PROVIDING FOR REVENUES MEIN
FROM A FEDERAL GRANT IN THE ANDUNT OF $10 , 000 AND MAKING
APPROPRIATIONS THEREFROM IN A CORRESPONDING AMOUNT; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AEREEMENT WITH
DADE COUNTY, AND TUE UNIVERSITY OF yaw( MEDICAL SCHOOL FIaR
TI4E PURPOSE OF SECURING QUALIFIED CONSULTANT SERVICES IN
PREPARATION FUR A GRANT APPLICATION IN OC7INECTION WITH THE
FERAL URBAN DEVELOPMENT ACTION GRANT ACTION PROGRAM.
Passed on its first reading by title at the meeting of July 14th was taken up
for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Gordon, the Ordinance was
thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DFSIGNAIh) ORDINANCE ND. 8680.
The City Attorney read the ordinance into the public record and announced that
copies were available to the umbers of the City Commission and tb the public,
42i SECOND SING ORDINANCE: ESTABLISH 2ND YEAR COMMUNITY DEVELOPMENT BLOCK
_RANT-- LANNING; RIVERFRONt COMPLEX TRUST AT
AGENCY FUND ACCOUNT,
Ail ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING THE SECOND YEAR COMMUNITY.
DEVELOPMENT BLOCK GRANT- PLANNING, RIVERFRONT COMPLEX ..
TRUST AND AGENCY FUND ACCOUNT; PROVIDING FOR REVENUES
THEREIN FROM A FEDERAL GRANT IN THE AMOUNT OF $40,000
AND MAKING APPROPRIATIONS THEREFROM IN A CORRESPONDING
AMOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ATTACHED AGREEMENT WITH CONSULTANT WALLACE, MCHARG,
ROBERTS Si TODD/ ECONOMIC RESEARCH ASSOCIATES. FOR
CONSULTANT SERVICES IN CONNECTION WITH THE RIVERFRONT
DEVELOPMENT PROJECT AT A COST OF $40,000; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
AND CONTAINING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of July 14th was taken up
for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Gordon, the Ordinance was
thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8681.
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.
43, SECOND READING ORDINANCE: AMEND ORDINANCE 8371, REVISE FEE SCHEDULE FOR
CHILD DAY CARE PROGRAM,
AN ORDINANCE ENTITLED -
. AN ORDINANCE AMENDING ORDINANCE NO. 8371, ADOPTED FEBRUARY
27, 1975, WHICH CONTAINED THE FEE SCHEDULE FOR THE CITY'S
DAY CARE PROGRAM BY ESTABLISHING A FEE SCHEDULE FOR THE
OFFICE OF COMMUNITY AFFAIR'S CHILD DAY CARE PROGRAM; PROVID-
ING FOR ITS INCLUSION IN THE CODE OF THE CITY OF MIAMI,
FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of July 14th was taken up
for its second and final reading by title and adoption.
On motion of Commissioner Gordon, seconded by Vice -Mayor Gibson, the Ordinance was
thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8682.
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.
98
JUL 281977
11,
44, FIRST READING ORDINANCE: Amp CITY CODE BY REPEALING SECTION 2-24,1 AND
SUBSTITUTING NEW SECTION PROVIDING FOR INSPECTION
AND SERVICE FEES,
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
'LORIDA, BY SUBSTITUTING A NEW S2-24.1 THEREIN, WHICH
PROVIDES FOR INSPECTION AND SERVICE FEES OR ZONING
CERTIFICATES OF USE FOR NEW BUILDINGS AND PREMISES
AND ALSO FOR ANNUAL REINSPECTION OF BUILDINGS AND
PREMISES FOR RENEWAL CERTIFICATES AND ACCESSORY USE
CERTIFICATES OF OCCUPANCY; CONTAINING A REPEALER
PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Vice -Mayor Gibsoh
and passed on its first reading by title by the following vote-
AYES: Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
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.
45, FIRST READING ORDINANCE: AUTHORIZE ISSUANCE OF $15,000,000 GENERAL OBLIGA-
TION MUNICIPAL STADIUM BONDS; SUBJECT TO NOVEMBER 8,
1977 ELECTION,
Mayor Ferre: Alright, take up item #15.
Mr. Grassie: Mr. Jennings has done most of the work on this Mr. Mayor. He's on
vacation and Mr. Crumpton will introduce it. I think you know Dick Roach, who is
an assistant to Bob Jennings. He'll also participate in the discussion.
Mr. Crumpton: Your item #15 is the ordinance itself, but item #15A and #15B in your
packet give the explanation as to proceeding the ordinance itself. As you recall on
the 14th of July the Commission requester: the Manager to develop a plan for expenditure
for approximately $15,000,000 with specific 'mphasis on major maintenance, seating,
parking and public areas. In enclosure of your item 15A gives a listing of those
items which were discussed at that time and these are put together in a recommendation
by the Manager. They add up to a total amount of $14,933,620. These particular figures
individually on the construction matters do contain continguency allowances, individuals.
Mr. Plummer: Is the additional funds for the Complex Supervisor?
Mr. Crumpton: As a part of those particular requests and suggestions as a recommendation
from the Manager there's a 6.2 million dollars item for Off -Street Parking purposes.
Your enclosure two of that particular document spelled out that particular arrangement.
The diagram over to your right which Mr. Roach will be pointing to indicates these.
The green areas, the four green areas are the areas suggested for acquisition and with
those green areas and the streets that are in the red -orange could be closed at that
'time and utilized for parking purposes. The total area could accommodate an additional
1,600 parking spaces. The white area at the top between 6th and 7th Street, between
13th and 17th and 14th Avenue is a one deck structure. that could accommodate an additional
1,000 parking spaces. That would accommodate.then some 2,600 parking spaces on the site.
That is the recommendation from the Manager's Office which constitutes the bond issue for
$15,000,000. That is before you as item #15. It does contain your schedule.
Mayor Ferre: Alright, any questions on item #15?
Mr. Plummer: Mr. Mayor, let me ... I just want on the record as Mr. Grassie has related
to me that he has investigated a full potential of paying for this other than through
ad valorem taxes and if he finds that not acceptable to pay it through Revenue Bonds
acceptable or feasible and that this is the reason that he is recommending that this
route be pursued. Is that a correct statement Mr. Grassie?
Mrs. Gordon: Repeat your statement please Mr. Plummer?
99
JUL 281977
Mfr tlt er: My statement is that the hdatifiistration has thoroughly examined the
Possibilities of doing these improvements by other than ad valorem taxes and have
found it to be impractical and not feasible to pursue it in this shatter and that
leaves us the only alternative of doing it from ad valorem. Is that a correct
statement?
Mr. Grassie: Yes the re -statement that you have put it in the last time, yes
Commissioner I agree.
Mr. Plummer: Alright.
Mrs. Gordon: Has there been an attempt to involve the County Mr. Grassie?
Mayor Ferre: I have personally discussed this with several people in the County,
in the Mayor's Office and I think since the County has take this action against
the city I'm afraid this might not be the most advantageous ime for us to be going
up before them to discuss this. And, since from a procedural point -of -view we need
to vote on first reading and hopefully on second reading so that we could have it
on the ballot on November. I would hope that this Commission would vote favorably
on this with a stipulation that if at any time between now and November the
Metropolitan Dade County Commission votes to come up with all or part of this that
we could at that time modify this decision of ours.
Mrs. Gordon: I just want to simply state my opinion and I don't know how many others
would feel this way, probably none. But I feel very, very strongly against an ad
valorem approach to the Orange Bowl Improvements from the City of Miami taxpayers
alone. And, I cannot bring myself to take that posture and I could not propose that
anybody would vote for it. I could not try to convince anyone to proceed in that
manner. There are too many elderly and poor people who live in the City of Miami
who are barely making it now with the amount of taxes that we have to levy against
them. We are hitting the 10 mill cap with regard to our ad valorem general fund
taxing and we have great number of issues of debt service. I just cannot, I cannot
approach this matter as a matter which will be decided at the polls. I think it's
a matter that has to be decided by a conscience and recognizing that there are those
who will be voting against it and possibly will be defeated who cannot afford to pay
for it and I don't know any method or manner in which we can subsidize them so that
they don't lose their properties.
Mayor Ferre: I'd like to express my opinion of this, and I think it's been stated
many times so I'm going to make it as short as I can. We need to move alone improving
the Orange Bowl. It's long overdue. Similar to the taking of the F.E.C. Property,
I think had we done this many year ago we wouldn't be faced with this problem at this
kind of an expense today. I think it's analogous. It's time to move on. Number two,'
we've been beating around the bush and not finding solutions. Number three, Metro-
politan Dade County has not helped us in the past and I question that they're going
to help us in the future, unless the take over the Bowl which, of course is what
they wanted and this Commission has said we would not do. Number four, we did put
it on as a straw ballot and it passed overwhelmingly. Number five, I believe in the
wisdom of the electorate. I think the people know what they're voting on and that
what they choose is proper. Number six, I think that the ad valorem cap does not
affect our debt service. We can increase our debt service. Number seven, we only
owe at this point and I say only because it's all relative $132,000,000 when we can
go up to $580,000,000. Number eight, the City of Miami has an extremely good bond
rating because we have been conservative and are fiscal, fiscally responsible. And,
I think that this is reasonable within that contextand that there is no other way
of proceeding. It seems to me that this is a logical way to move forward. And, for
all those reasons. Father I would pass the gavel to you and move item *15.
• RRebo o seconds the motion
Father Gibson: Alright, do I hear a second? Alrighht, unaer discussion do I hear any?
Mr. Plummer: Father, under discussion. Let me make my position clear. As you might
recall I voted agairC,ithe straw ballot because there was not a plan delineated to show
how the money would be spent. I have stated all along and I will state again that I
am in favor of the improvements to the Orange Bowl. This is a clear plan of what the
City will do. The Manager has expressed the prices are within the parameter of'what
he feels can be afforded and that they are reasonable. Ar.d, as far as I'm concerned
I have full faith in the people of this City to review this plan, to make up their
mind whether or not they wish to make and proceed with these improvements. I had
hoped as others on this Commission that it could be done by other than ad valorem.
But the statement of the Manager is that it was not practicai,nor feasible and this
is the only alternative that would be a go item. (period).
Mayor Ferre: Call the question.
100
o
Mr. Plununer: Mt. Mayor, before you call the roll anM3 maybe to Mr. Grassie. I think
a word should be inserted at this pointtto the people for their decision. Mr. Grassie
I am assuming that if this bond issue is passed by the electorate that these improve-
inents would not be started nor commenced in anyway until a re -negotiation with the
users was entered into and agreed upon. Is that correct?
Mr. Grassie:
Mr. Plummer:
Mr. Grassie:
That's my basic assumption Commissioner.
Well, I want to go stronger than an assumption.
No, that's where I start. Yes that is true from My poiht'Ofs-view.
Mr. Plummer: No improvements would be made until a re -negotiation with the users
if a updated negotiated contract would be entered into.
Mr. Grassie: Unless you spec
what will happen.
Mrs. Gordon: If that were done wouldn't the revenue bonding procedure
route? You have an agreement?
Mayor Ferre: Yes if we can go the revenue... Listen, I want to say it on the record.
If at any time we can go in any other way, revenue bond, state money, county money,
anything else other than ad valorem taxes I would certainly prefer to do it even if
it's more expensive. But I think that this is one way to get off the dime. Have we
voted?
ifically as a Commission decide otherwise that is exactly
Mr. Grassie: You have not voted yet Mr. Mayor.
Mayor Ferre: Father I call the question.
Rev. Gibson: Alright, call the roll.
ON ROLL CALL: EXPLANATION OF VOTE:
Mrs. Gordon: For the reasons_T stated and not an opposition to improving the Orange
Bowl. Feeling that the City has not pursued adequately any other sources for the
improvements. I vote no.
AN ORDINANCE ENTITLED
be a feasible
AN ORDINANCE AUTHORIZIN' THE ISSUANCE, SUBJECT TO THE ELECTION
ON NOVEMBER 8, 1977, HEREIN PROVIDED FOR, OF $15,000,000 GENERAL
OBLIGATION MUNICIPAL STADIUM BONDS FOR THE PURPOSE OF PAYING THE
COST OF IMPROVEMENTS TO, AND MODERNIZATION AND EXTENSIONS OF,
THE ORANGE BOWL MEMORIAL STADIUM: CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Mayor Ferre and seconded by Commissioner Reboso and
passed on its first reading by title by the following vote -
AYES: Mayor Maurice A. Ferre
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
NOES: Commissioner Rose Gordon
ABSENT: 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.
SPECIAL BOND ELECTION �
READING ORDINANCE: { tOVIDE FOR HOLDING OF QUESTION77 ON THE of ISSUING
v t'�
i ���fi � $ �� OBLIGATION MUNICIPAL STADIUM �S`
r� ce is not
that the wording the ordinance This
Mr. Mayor so held ju of for this issue• is rid
Under discussion special election being r that time and it
' n con • This is not a regular city election being held atexcept for the
misinterpreted. the raga question yes or no, is in conjunction with taxpayers to answer this qu
additional cost to the taxp
printing.
Is that correct?
Mr. Plummer: Ok. Well it says a special election,
That's correct. t wanted made
it
Mayor Ferre: that's why
clear. Alright, call the question.
Mayor Ferre: It will be November B.
AN ORDINANCE ENTITLED
pRDVIDING FOR THE HOLDING OF A
SP CIX B ND ACTION IN TIE CITY OF T,
FLORIDA,ESION
, ON NOVENID
SPECIAL ER 8, 1977, ON THE Q OF ISSUING $15,000,000 OF GENE' OBLIGATION TO
MUNICIPAL STADIUM BONDS FOR IMPRDiVEMENTS
AND MODERNIZATION EXTENSIONS OF THE ORANGE
STADIUM; CONTAINING ABEIEALER
BOWL, MEMORIAL PROVISION AND A SEgpgII,ITY CLAUSE.
E Commissioner geboso
Mayor Ferre and seconded by CO issss
Was introduced by May passed on its first reading bytitle by the following
vote -
ice A. Ferre
Mayor Maur r►
Jr.
AYES: Commissioner J. L. Plume
lo Rieboso
Commissioner M,ano
Vice -Mayor (Re
v.) Theodore A. Gibson
NOES: Commissioner Bose Gordon this.
ABSENT: None• have a second readingon e
d gentlemen we need to all
Mayor Ferre: Now, what the g . because I get all confused about
e tell us now what timing
Georg tember 8th. The
timings.
is on Sep
Commission meeting se
Alright the next City 60rdays later.
Mr. Knox: er 8th theoretically On question of the
election is on Novemb the lain that.
I want Rose to hear this. On
George to explain Hold on because a is a timing factor.
Mayor Ferre: cause then
second vote Rose' The
Go ahead. is on September 8th' which
Commission meeting 60 days within whi
plziNovember
next City will allow almost exactly that an ordinance
MX. Knox: 8th, which The charter provieeS�to be read at
election is theon dvetrements. passage becomes
advertising ding to the definition of p before
to satisfyaired according period of 30 days days before
for
in order to be P and then advertised for a Pe eriod of that the
two separate a meetings state law requires a p days, which means
In addition, of these two figures total 60
effective -total on the day of the election and a
The nt will be
bond election•e advertisement would allow more time•
last day ofwould dedicate that we I lust
to call a special meeting �dbes for you.
we have Thursday wound
So, as a consequence Wednesday, or Th (debating about
Mayor Femme' ow whether Monday, Tuesday, second ..... special
ate meeting to read it on or call a sp
wanted to t about a five min under the powers as May
You're talking meeting).... Alright. I� Alright.
the day for the m� for Tuesday at 8:00 a.m.
commission meeting
JUL 281974
47,
INCREASE SALARY OFIITY MANAGER TO $b2,000.
gentlemen to you a memorandum and metnbets of
copies here and let memorandum
just explain to you
Now, Y passed ladies and �, even
thep Ferry: welcome to have extra cops ourself it's alright with in you
the press you're you want to excuse y there's any purpose
that... his Mr• pager if I teally don't see that ere'it's alright with
excusing
g yourself,
is a public if young• you want to go get a sandwich
excusing yourself, but you feel
)
me• et so maybe I will.
r. Grassier Well, I haven't had anything to eat y
year ago and during
Manager, as you know was hireda this on behalf of
Alright. The City when I was negotiatinghad insisted
Mayor Ferre: negotiating; er in particular, that
the period of time when we were neg to do this. Mr. Plummer and I thought
requested m� as �. Paul Andrews
the theinewon who had t c same salary rather adamant
not come awitht ethat. Mr. Grassie at that time was may recall.
that new ManagerWent along which was $52,000 as Y en he
that
justified
hetwanted and Isame salary
turned me down, I guess on two o different
occasions
ns and
to you
that he to come here at the based within
As it turned out he think
about it and finally the fact that
I forgetea week what time or how or when but I do recall mentioning 5 000 if the
time in it back for an increase of $ ►
I atus. Well, the man has been
a nag r had I would beb bringingpersonally. He
proper job and if he was still with obligation
Manager had doney a F' I feel that... I feel a moral
for a year andand I discuss
here n�^' do this and there has been no discussion between he and
on
this not asked e to it up at this commission meeting, a dust then didd
untilhas3 decided to bring 'for not doing this before, mind and I'm I've beenry
l apologize slipped my wasn't
itunder th lothYesterday• s and it just It
pressure on other thing And, for that I apologize.
hatat of P agenda, that's correct. a er, look, rather come
anythinght it's not purpose, the i just a... I said to the Mang you $5 that000 and
on ait's j other way that we could givemaking
amount is there any ht $5,000 increase or by
out with a $5,000todo it Either on a straight his expenses.
it willing contribution b it ither way' plan and increasing
it as contribution towards his retirement
Mr. Plummer: How does he want it?
Mayor Ferre: I don't think he cares.
Mr. Plummer: It's Immaterial to me.
the gyou and move .•.
Well, I would, ... Father I'll passave. to ove it this way.
Mayor Ferre: reference if any on this? Well,
A resolution authorizing
What's the it theessayn's P into the cote ionexecutiveauthorizing
I'll move way it's writte,� here on this resolution.
a 8% of the City Manager's current salary trader's official
pen City to payadjusting the City „ and I so move.
pension plan on his behalf and further adj $4,500,
business expense account from the amount cf $2,500 tose of discussion.
Mr. Plummer: Well,
let me just.. well, I second it for the pub
Under discussion, ok, yes, it's answered here.
Mayor Ferre: What? Mayor, as you
the question I had. my feelings Mayor,
Manager,
Mr. Plummer: It's answered itherw,1who strong er,
stated before it was I started at the salary that we were presently
poeviruhey hired was not to be
' whoever he was to � and after six monthslhe worke
d
able that we then should raise his salary. I feel that this is
paying then, Paul Andrews. That�if we hired a man And, I feel we have
out and he was ,,agree
more than a commitment which we made, or which I made. nothing
to live up to our commitments. why don't
V. Gibs
on: Well, let me raise this, if you are going to pay him a salary
you pay h11Q a salary?
. Plummer: Father, I just ... I said which way does he want it?
Mr want to pay � a
I don't want no which way he wants it. I
Rev. Gibson: No man, from thereon.
salary. Let him bell the cap
Mayor Ferre: Alright. I amend my
resolution, saying " A resolution authorizing
the City Manager's salary to be increased to $52,000.
Mr. Plummer: Fine. I accept the amendment.
Under discussion. I want to make an observation. I hope
Rev. Gibson: Alright._at we would be as
that the Manager would be as concerned and considerate and t
1.03 -JUL 28197
concerned and considerate by negotiating with the other people. You know what's
good for the goose is good for the gander, the cost of living. call the troll.
Listen,.he'll tell you verbatim when he gets back here. Ok. Alright,
ON ROLL CALL:
Mr. Reboso: In voting yes I want to state that I found out right now that the
City Attorney doesn't have an expense account and I think that is something we
should have in consideration in September or October when we meet again, because
I think it's very important that the City Attorney has an expense account.
The following resolution was introduced by Mayor Ferre, who moved its
adoption:
RESOLUTION NO. 77-636
A RESOLUTION INCREASING THE SALARY OF
JOSEPH R. GRASSIE, CITY MANAGER, TO
$52,000 PER ANNUM, EFFECTIVE THIS DATE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Mayor Maurice A. Ferre
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
NOES: None.
Rev. Gibson: Now, let's send for the Manager so I can say what I want to.
Mayor Ferre: Would you tell the Manager to ----
Mrs. Gordon: When does this begin Mr. Mayor?
Mayor Ferre: Effective immediately. This is something really,as I told you, I told
the Manager would be done within a six month period and we're six months late on it.
It's my fault. I just decided not to bring it up and I told him once about three
or four months ago that I just didn't think the timing was right.
Mrs. Gordon: Well, wait until he gets in and then we'll say a couple of things.
Mayor Ferre: Mr. Grassie,the Commission decided that rather than to do this in this
kind of confused way that we ought to do it on a straight basis so ... We increased
your salary by $5,000 rather than to do it this other way.
Rev. Gibson: Ok Mr. Grassie I wanted to say this while you were out and they said
I ought to wait until you come. I hope that just as we show concern for commitment
to the Manager that we want the Manager to live reasonably comfortably and all those
other adjectives. I hope that he would take into consideration and proceed a pronto
and negotiate with the employees of this city and I move that we instruct the Manager
since the state just passed a law about these units to be negotiated with affective
the first of July. I move that.the Manager be instructed to immediately proceed to
negotiate with these units.
Mayor Ferre: Is there a second?
Mrs. Gordon: I second your motion.
Mayor Ferre: Further discussion on the motion.
Mr. Plummer; Yes, discussion, have they been certified?
Rev. Gibson: The law says, ask those Union men? Ask..,
104
L 8. kJ I iORIZE CITY MANAGER TO I My1ED IATELY NEGOTIATE WITH SANITATION EP''PLDYEES
ASSOCIATION AND OTHER CURRENTLY RECOGNIZED BARGAINING UNITS FOR COST OF
LIVING ADJUSTMENTS,
Mt, Joffre: Tor the record, my name is Peter Joffre. On the last, .. up in
Tallahassee ------ it was amended section 12, section 447.307, section B,
whenever a public employer recognizes an employee organization on the basis of
majority status, on the basis of appropriate in accordance with the subsection
of this section that Commission shall in the absence of category of
employees or violation of section 447.501 certified the proposed union. A11 of this
means once the City recognizes a bargaining union as of July 1st which SEA has been
recognized by this City. You automatically recognized as a bargaining union. One
of the reasons we're also pushing to be recognized before time. Mr. Grassie made
the statement tonight that everything will not be retroactive,it will be bargained.
We feel before any cutback or any layoff,we should get them involved in negotiation
since the change of work habits is going to be involved I think this should be
negotiated to. So I think SEA should be involved in negotiation as quickly as
possible.
Mr. Plummer: Peter let me ask a question as I asked before. Have any other the
non -uniformed employees been certified?
Mr. Grassie: The answer is no Commissioner.
Mr. Plummer: Well, it's my understanding and please correct me if I'm wrong that
Peter you want to represent SEA and SEA only.
Mr. Joffre: Correct. Sanitation by majority it's represented by SEA.
Mr. Plummer:
ball of wax.
Mr. Joffre:
you on from
GEA wants to handle just basically GEA, but AFSCME wants the entire
Am I correct in that assumption or have I been
If I understand right and somebody correct me. AFSCME has switched
Sanitation.
Mr. Grassie: You need to be correct, they have not. As a matter of fact the last
filing that they made with the Florida Employment Relations Commission was to
represent everyone.
Rev. Gibson: Mr. Mayor wt; recognize Sanitation. That's the important thing. We
recognize them. Now, you kno.,', AFSCME doesn't run this government. We run it.
We recognize Sanitation as a bargaining unit.
Mr. Plummer: Father, excuse me, fine. By motion of this Commission we went on
record of recognizing SEA as a unit. But that doesn't necessarily mean as I under-
stand it that this state will certify it.
Rev. Gibson: Yes it will according to law.
Mr. Joffre: According to July 1st, it says here its verified.. A new amendment
added to it. Section B. It is whenever a public employer recognizes an employee
organization on the basis of majority status, on the basis of appropriate in
accordance with the subsection. All they're doing is they're just recognizing as
of July 1st. And, the City and this Commission didn't recognize SEA as a bargaining
unit.
Mr. Plummer: The Commission did by its action.
Mr. Joffre: That's the city to me. That's concerned... that is the city.
Mr. Plummer: Let me ask this question. Does that preclude then AFSCME from being
recognized by the state.?
Mr. Joffre: In Sanitation I take it it is. Only in Sanitation. And, we're only
speaking of Sanitation.
Mr. Grassie: Well,
at this stage. Our
represented to you.
opinion. Obviously
Rev. Gibson: Well,
until next meeting.
Mr. Mayor I don't know whether you want to encourage or debate
understanding is completely different than that which is being
It's basically a legal question. I think we need the Attorney's
not on the spot but we need the Attorney's opinion.
let's get the Attorney's opinion now. I have no faith in waiting
I want the Attorney's opinion now!
Mr. Xnox: Well, I
can give you a preliminary opinion Mr. Commissioner because I have
105 .JUL 28197f
_ILA .AL_ _ Jft. .
h6t thoroughly researched this. t gin familiar with the new state law which provides
that a Municipality may voluntarily recognize a collective bargaining unit and that
this dispenses with the requirement that the state certifies this collective bargain-
ing unit. I also know thatPERC, is in the process now of entertaining a recognition
question with respect to some of the collective bargaining units. I don't know at
this point whether the law which took effect on July 1st is rectroactive in the sense
that these proceedings before PERC had been initiated prior to the affective date
of the new state law and that's a -matter by which I would have to do some research.
Rev. Gibson; Mr. Mayor, I know would like to direct the City Attorney to have
an answer for us when we have that special meeting so we could instruct the Manager.
Mayor Ferre: I think that's... Is that sufficient?
Mr. Knox: Yes sir.
Mayor Ferre: Alright, so I will expand the meeting then to include that subject too.
Mr. Plummer: But see, what I don't understand and I want you George to answer this.
If in fact by the action of this Commission to recognize SEA why are they
in Tallahassee?
Rev. Gibson: Why what?
Mr. Plummer: Why are they in Tallahassee? If this municipal body is all that is
needed to recognize a union, then their fight is over.
Mr. Joffre: Mr. Plummer this became effective... Commissioner Plummer this became
effective as of July 1st which I understand.
Mr. Plummer: Alright.
Mr. Naples: As of July 1st the law was changed and unless there is a 10% showing
of interest within the Sanitation Employees from some other organization then if
the City recognizes them as an appropriate unit and if in fact the Sanitation
Employees unless there is a 10% show of interest that says otherwise that says
that they are an appropriate unit then the certification is automatic. I say
automatic then if the Public Employees Relations Commission will issue them
certification.
Mr. Plummer: Well then Gene...
hr. Naples: Well, I don't know if they have a 10% show of interest.
Mr. Plummer: Well, ok that's what I was going to ask. Who determines that? Yes,
who determines whether or not there is a so-called 10% showing of interest?
Mr. Naples: They know that within their organization that there are 10% of the
people that are in Sanitation are challenging that unit then there has to be an
election. If there is a 10%...
Mr. Grassie: But how is this demonstrated Gene to the Florida Employee Relations
Commission?
Mr. Naples: Simply if there is a challenge.
Mr. Grassie: Yes, but does there has to be an election?
Mr. Joffre: Only if there is a challenge, and there is no challenge of my knowledge
or I don't think to the City there is any challenge from any groups inside Sanitation
to challenge.
Mr.Naples: If I nay I'll just read you the new language. It says, once the petition
for certification has been filed by an Employee Organization any registered Employee
Organization may intervene in the proceeding by filing a motion to intervene
accompanied by dated statements signed by at least 10% of the employees and proposed
unit. Indicating that such employees desire to be represented for the purposes of
collective bargaining by the moving of employees organization. So that's all they
have to do. They have to file petitions saying that there is 10% of them that are
challenging that unit. If they don't have that then it is more or less automatic.
Mr. Grassie: But how does the state agency go about determining that there is no
challenge , do they do anything?
Mr. Naples: No. If you send them a letter saying that you think the unit is
appropriate and if the Employee Organization says they think it's appropriate
.106 R1977
and Nobody challenges it, then the certification takes place. And, even if there
is an election, they may have to re -file their petition. I'm not sure whether they
have to amend or re -file that petition since the law just became effective on
July 1st.
Mr. Grassie: What is the status of the action that's in front of them right now?
Mr. Joffre: As far as I know there is no petition from any other organization
challenging Sanitation.
Rev. Gibson: Mr. Mayor, I want to raise this question another way. You're paying
a special counsel. Where is he? He ought to have some answers for us too. That's
why you're paying him. You know they're labor lawyers they say. He ought to have
the procedure up and down,backward and forward. Anyway Mr. Mayor my wish is that
the Manager have that attorney that we're paying for that special meeting and that
he has all that stuff together along with the City Attorney.
Mayor Ferre: Alright, then ...
Rev. Gibson: On Tuesday.
Mr. Joffre: Now, my
other concern is Mr. Grassie had said;I don't them to divide
the whole meal out and then when everything spread out they says well here's the
bones fellows, we'll negotiate with the bones." I feel we want to negotiate now,
or start negotiating now so we can...
Mayor Ferre: Alright, we'll see you Tuesday
The following motion was introduced by Vice -Mayor Gibson, who moved its
adoption:
MOTION NO. 77-637
Alright, call the roll.
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO IMMEDIATELY PROCEED TO NEGOTIATE WITH THE
SANITATION EMPLOYEES ASSOCIATION FOR SALARY
CONSIDERATIONS AND ALL OTHER CURRENTLY RECOGNIZED
BARGAINING UNITS IN CONNECTION WITH COST OF LIVING
ADJUSTMENTS.
Upon being seconded by Commissioner Gordon, the motion was passed and
/" adopted by the following vote -
AYES: Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Mr. Grassie: I'm assuming Mr. Mayor that the understanding is, assuming that's legal
to do that.
Mayor Ferre: Of course it's assuming it's legal. All we can do is as a matter of
policy establish a policy decision. Now, if it's not a policy matter ...
Mr. Grassie: No.I'm not saying that. I'm saying assuming that we are not precluded
by Florida State Law from doing that.
Mayor Ferre: Of course. I'm not asking you to do anything illegal.
Rev. Gibson: Let's make sure though we don't twist the law now for their convenience.
Mayor Ferre: Yes.
107
FI READING ORDINANCE: SECTION 2-24.2 OF CHAPTER 2 OF CIT CODE BY
ADDING A NEW SECTION 2Z �
u - 4,2 ` ESTABLISH FEES FOR INSPECTIONS AND �"'INATIONS
OF PLANS AND SITE INSPECTIONS'
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, BY SUBSTITUTING A NEW SECTION 2-24.2 OF
CHAPTER 2, WHICH ESTABLISHED A FEE FOR INSPECTIONS
AND EXAMINATIONS OF PLANS AND SITE INSPECTIONS TO
ASSURE ORIGINAL AND CONTINUED COMPLIANCE WITH THE
PROVISIONS OF THE CITY OF MIAMI'S COMPREHENSEXCLUDING
ZONING ORDINANCE NO. 6871, AS AMENDED►
SINGLE-FAMILY RESIDENCES AND DUPLEXES; PROVIDING
THAT THIS FEE SHALL BE IN ADDITION TO THE BUILDING
PERMIT FEE; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Commissioner Reboso and seconded by Vice -Mayor• GibSbtti
an passed on its reading by title by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo.Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
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.
50, FIRST READING ORDINANCE: AMEND SECTIONS 5, 6, 7 AND 8 OF CIRDINANCE614�S,
-
REPEAL FEE SCHEDULES AND ENACT NEW FEE
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SUBSECTIONS 5, 6, 7, AND 8
OF ORDINANCE NO. 6145, AS AMENDED BY SUBSTITUTING
NEW FEE SCHEDULES AS SECTION 5, FOR BUILDING PERMITS,
PLUMBING PERMITS, ELECTRICAL PERMITS, AND MECHANICAL
PERMITS; CONTAINING A REPEALER PROVISION AND A SEVERA-
BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Reboso and seconded by Commissioner Plummer
and passed on its first reading by title by the following
vote -
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Manolo Reboso
Commissioner Rose Gordon
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.
b
1, FIRST RENDING ORDINANCE: ESTABLISH 2ND YEAR C MMUNITY DEVELOPMENT BLOCK GRANT-
LAW ACQUISITION FOR SUBSIDIZED HOUSING, WYNvJOOD TRUST & AGENCY FUND ACCOUNT
AN ORDINANCE ENTITLED
AN ORDINANCE ESTABLISHING THE SECOND YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT - LAND ACQUISITION FOR SUB-
SIDIZED HOUSING, WYNWOOD PROJECT TRUST AND AGENCY
FUND ACCOUNT; PROVIDING A SOURCE OF REVENUE THEREIN
FROM A FEDERAL GRANT IN THE AMOUNT OF $170,000 AND
MAKING AN APPROPRIATION THEREFROM IN A CORRESPONDING
AMOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO CO-
ORDINATE HIS ACTIVITY WITH DADE COUNTY'S DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FOR THE ACQUISITION
OF REQUIRED LAND FOR THE AFORESAID HOUSING ACQUISITION
PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Gordon'
and passed on its first reading by title by the following vote -
AYES: Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner Manolo Reboso
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.
52, FIRST READING ORDINANCE: AMEND SECTION 11-4 OF THE CITY CODE DEFINED
"SENT MACHINES", MAKING IT UNLAWFUL FOR OPERATION BY A MINOR,
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 11-4 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AND DEFINING AMUSEMENT MACHINES AND
MAKING IT UNLAWFUL FOR ANY OWNER, ETC., TO ALLOW THE
OPERATION OF A MACHINE BY A MINOR UNLESS ACCOMPANIED BY A
PARENT; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND
CONTAINING A SEVERABILITY PROVISION.
Was introduced by Vice -Mayor Gibson and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote -
AYES: Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
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.
109
JUL 281977
IIIIIIIIIII11111 IIIIII II I11111I 11111111111111111111■■ 1111 IIIIIIIIIuiii 1111111111 IIII 1I I 111111111
i AUTHORIZE CITY MANAGER t0 ENTER / PEEKSKILL ENTERPRISES, INC. POR JACKIE
GLEASON SHOWS TO BE TAPED At CLJGMAN HAL Li
INTO AN AGREEMENT: -
r i ii. ii•
Mayor Ferre: I'd like to express an opinion that on the Jackie Gleason Show
I sent you a memorandum and I want to put it on the record that I don't think
that, in my opinion what we want is World Trade Center, what's the name of,
the new name for Miami now?
Mr. Grassie: New World Center.
Mayor Ferre: New World Center, yes, I just frankly think I'm sure the Chamber is
very happy with that and so are we, but if we're going to get national television
exposure, you know, I'd rather that it be the Magic City or the City of Miami or
something, but New World Center I think is just too confusing a message ... Rose,
you follow, in other words, Hank's a great guy, and it's Hank's baby and I hate to
hurt his feelings about it. Frankly, if we're going to get a three second plug,
I'd rather that it be the Beautiful City of Miami or the Magic City of Miami or
something like that rather than the New World Center in Miami which nobody knows
what it is in Oklahoma. Let's call it the Magic City or the Beautiful Magic City,
the Beautiful Miami or something like that, ok? Who moves 27? Mrs. Gordon moves.
Plummer seconds. Further discussion. Call the roll.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-638
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO THE ATTACHED AGREEMENT WITH PEEKSKILL
ENTERPRISES, INC. FOR TAPING 2 JACKIE GLEASON
TELEVISION SHOWS AT GUSMAN HALL DURING THE
MONTH OF SEPTEMBER, 1977; ALLOCATING FUNDS THEREFOR,
AS FOLLOWS: $15,000 FROM THE COMMUNICATIONS OFFICE
FUND AND $5,000 FROM THE INTERNATIONAL RELATIONS CODE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
110
JUL 281977
•
AYES:
NOES: None.
•
1 AUTHORUE CITY MANAGER tO ALLEN Pals, RESIDENT ENGINEER FOR DINNER
ENTEA iNtO AGRENENT WITH! KEY AubiToRIum PROJECT
The following resolution was introduced by Commissioner Plummer, w►o flioVed
its adoption:
RESOLUTION NO. 77-639
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT WITH
ALLAN POMS FOR HIS SERVICES AS FULL-TIME
RESIDENT ENGINEER FOR THE DURATION OF THE
DINNER KEY RECREATION CENTER RENOVATION
AT A FEE OF $24,000 PER YEAR FOR A TERM
NOT LONGER THAN 2 YEARS; ALLOCATING FUNDS
THEREFOR FROM THE ECONOMIC DEVELOPMENT
ADMINISTRATION GRANT.
(Here follows body of resolution, omitted here an Oh
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote -
Commissioner J. L. Plummer,
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
Jr.
JUL 28197.7
b
Sr APPROVEDADE-COUNTY t tr - CERTAIN PROPERTIES IN PROPOSED DowNirowN GOVERN-
MENT CENTER AREA TO Ft CITY CF MIAMI IN EXCHANGE FOR CERTAIN OBLIGATIONS
DUE TO THE CITY, '
_Mayor Ferre: Alright, o take up seconds 29emthnumber
Manager recommends... Go donr
moves it, alright, wh
seconds, further discussion? Call the roll.
•The following resolution was introduced by Mr. Plummer, who
moved its adoption:
RESOLUTION NO. 77-640
A RESOLUTION REQUESTING THAT DADE COUNTY
DEED CERTAIN PROPERTIES IN THE PROPOSED
DOWNTOWN GOVERNMENT CENTER AREA, AS LEGALLY
DESCRIBED HEREIN, TO THE CITY OF MIAMI;
AUTHORIZING THE PROPER OFFICIALS OF THE
CITY OF MIAMI TO ACCEPT SUCH PROPERTY IN
EXCHANGE FOR THE CITY'S COMPLETE RELEASE,
DISCHARGE, AND SATISFACTION OF (a) AN
$800,000 OBLIGATION ON THE PART OF DADE
COUNTY, IN FAVOR OF THE CITY, ARISING FROM
THE CITY'S PREPAYMENT OF RENT TO DADE COUNTY
FOR OFFICE SPACE IN A JOINT ADMINISTRATION
BUILDING AND (b) AN OBLIGATION ON THE PART
OF DADE COUNTY TO PROVIDE THE CITY WITH
180,000 SQUARE FEET OF LAND TO CONSTRUCT
AN AUDITORIUM -ARENA COMPLEX IN THE DOWNTOWN
AREA; AND AUTHORIZING THE CITY MANAGER TO
TAKE ANY GREMENTS
NECESSARY STOPEFFECTUATES D RmO ANY A
THEHEREINREQUEST.
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
56, AUTHORIZE CITY MANAGER TO SOLICIT PROPOSALS, INTERVIEWS AND SELECT
ARCNITECT FOR DCIATOMIJ ADMINISTRATION BUIIDING.
-The following resolution was introduced by Commissioner Plummer,
w*io moved -its adoption:
RESOLUTION NO. 77-641
A RESOLUTION AUTHORIZING TH CITY MANAGER TO REQUEST
PROPOSALS FROM ARCHITECTURAL FIRMS AND ALSO TO RE-
QUEST PROPOSALS FROM QUALIFIED CONSTRUCTION MANAGEMENT
CONSULTANTS; TO RECOMMEND FROM THE PROPOSALS RECEIVED THE
FIRM BEST QUALIFIED TO PROVIDE PROFESSIONAL ARCHITEC-
TURAL AND ENGINEERING SERVICES FOR THE DEVELOPMENT OF
PLANS AND SPECIFICATIONS FOR THE CITY'S PROPOSED
DOWNTOWN ADMINISTRATION BUILDING; TO RECOMMEND FROM THE
PROPOSALS RECEIVED THE FIRM BEST QUALIFIED TO PROVIDE
CONSTRUCTION MANAGEMENT CONSULTANT SERVICES FOR THIS
PROJECT; AND TO PREPARE AGREEMENTS
WEEN THE CITY
AND THE FIRMS FOR �ICAOBYTHE CITY COiISSION:
JUL 2 81977
1.12
a
Upon being seconded by Vice -Mayor. Gibson, the resolution was
prised and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
57. AUTHORIZE CITY MANAGER TO PURCHASE PATRICIA H01114 312 SE 2ND Av . FROM
CONVENTION CATER BOND RINDS,
The following resolution was introduced by Commissioner P1timm`
Who moved its adoption:
RESOLUTION NO. 77-642
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE AN
EIGHT (8) STORY BUILDING CONSISTING OF NINETY-EIGHT (98)
ROOMS PLUS A LOBBY AND RESTAURANT ON THE FIRST FLOOR,
KNOWN AS THE PATRICIA HOTEL, LOCATED AT 312 SOUTHEAST
SECOND AVENUE, MIAMI, FLORIDA, FOR THE SUM OF FIVE HUNDRED
SIXTY SEVEN THOUSAND FIVE HUNDRED ($567,500.00) DOLLARS,
AND ALLOCATING FIVE HUNDRED SEVENTY FIVE THOUSAND ($575,000.00)
DOLLARS FROM THE CONVENTION CENTER BOND FUNDS TO COVER THE
COST OF ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY AND
OTHER COSTS INCIDENTAL TO THE ACQUISITION.
Upon being seconded by Vice -Mayor Gibson, the resolution was
passed and adopted by the following vote:
AYES: Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
58, AUTHORIZE CITY MANAGER TO PURCHASE IN LIEU OF CONDEMNATION PROPERTY AT
N,W, CORNER OF SE 2D AVE. AND SE 4TH ST, FROM CONVENTION ENTER BOND FUNDS,
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 77-643
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE
IN LIEU OF CONDEMNATION THE VACANT PROPERTY LOCATED
ON THE NORTHWEST CORNER OF SOUTHEAST SECOND AVENUE AND
SOUTHEAST FOURTH STREET, MIAMI, FLORIDA, FOR THE SUME
OF TWO HUNDRED EIGHTY-FIVE THOUSAND ($285,000.00)
DOLLARS NET AND ALLOCATING TWO HUNDRED NINETY-FIVE
THOUSAND ($295,000.00) DOLLARS FROM CONVENTION CENTER
BOND FUNDS TO COVER THE COST OF ACQUISITION OF FEE
SIMPLE TITLE TO THIS PROPERTY AND OTHER COSTS INCIDENT-
AL TO THE ACQUISITION.
Upon being seconded by Vice -Mayor Gibson, the resolution was
passed and adopted by the following vote:
BYES; Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES; None,
MElk
M
ZE
113
JUL 281977
SI AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT wlm DARE COUNTY DICE CP
TRANSPORTATION ADMINISTRATION - STATION AREA DESIGN FOR RAPID TRANStt
SYSTEM
The following resolution was introduced by Vice -Mayor Gibson,
WhO moved its adoption:
RESOLUTION NO. 77-644
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A CONTRACT FOR THE
PROVISION OF PLANNING SERVICES FOR STATION
DESIGN OF RAPID TRANSIT STATIONS TO BE
LOCATED IN THE CITY OF MIAMI, IN GENERAL
ACCORD WITH THE SCOPE OF SERVICES ATTACHED
HERETO.
Upon being seconded by Commissioner Plummer, 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.
Mayor Maurice A. Ferre
NOES: None.
601 k l RIZE CITY MANAGER TO ENTER INTO A BOARD OF PUBLIC INSTRUCTION FOR USE OF
PLAY FIELDS AT ROBERT E. LEE, JR, NIGH.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 77-645
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO THE ATTACHED AGREEMENT WITH
THE SCHOOL BOARD OF DADE COUNTY, FLORIDA
FOR THE LEASE TO THE CITY OF MIAMI OF
THE OUTDOOR PLAYFIELDS OF ROBERT E. LEE
JUNIOR HIGH SCHOOL, 3100 N.W. 5TH AVENUE,
MIAMI, FLORIDA FOR THE TERM OF 20 YEARS.
Upon being seconded by Commissioner Gordon, the resolution
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None
6a.s ACCEPT CO'PL.ETED WORK I`bDERN CITIES COMMUNITY DEVELOPMENT STREET
IMPROVEMENTS
The following resolution was introduced by Vice -Mayor Gibson,
who moved its adoption:
JUL 2 8 197 7
•
i
•
••
1
i
RESOLUTION NO. 77-646
A RESOLUTION ACCEPTING THE COMPLETED WORK PERI''ORMEb
RY HOLLAND PAVING COMPANY,
INC.
AT APAOOTAL COST Oi?
$259,933.91 AND AUTHORIZING
$25,993.39 FOR MODEL CITIES COMMUNITY DEVELOPMENT
STREET IMPROVEMENTS.
Upon being seconded by Commissioner Plummer, the resolution vvtas
the following vote:
V
esea and adopted by
AYRS Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
62. ACCEPT U DU V1RK- (tRNINGSIDE PARK IMPROVEMENTS
1976.
The following resolution was introduced by Vice -Mayor Gibson,
who moved its adoption:
RESOLUTION NO. 77-647
A RESOLUTION ACCEPTING THE COMPLETED WORK
PERFORMED BY WYI& COMPANY, INC.
FOR ORNINGSIDE
AT A TOTAL, COST OF $141,345.04
PARK IMPROVEMENTS
$-41976,50AND AUTHORIZING A
FINAL PAYMENT
Upon being seconded by Commissioner Plummer, the resolution
passed and adopted by the following vote:
AYES: Vice -Mayor (Rev.) Theodore R Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
•
was
NOES: None.
63, PUBL IC FEARIWG: OBJECTIONS TO COMPLETED WORK - NORTH BAYSHORE HIGI4 AY IMPR0.,vEmENT H-4359 - BID "A".
The following
resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 77-648
A RESOLUTION ACCEPCOMpp,NYTHE
AT COMPLETED
TOTAL COST OFR$21�696.10
D
BY MARKS BROTHERS2.85
AND AUTHORIZING
RIVEFINAL
HIGHWAYPAYMENT
IMPROVEMENTIH-4359FOR
NORTH BAYSHORE D
BID "A" (HIGHWAYS).
Upon being seconded by Vice -Mayor Gibson,
passedand adopted by
the following vote:
AYES;
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES; None,
the
resolution was
1
h ACCIPT CMPLET5D WORK: SHENANDCAH PARK 1976 = SPORTS LIGHTING
AND COURTS,
'he following resolution was introduced by Commissioner p1wttter,
who moored its adoption:
RESOLUTION NO. 77-649
A RESOLUTION ACCEPTING THE COMPLETED WORK
PERFORMED BY LOWRY ELECTRIC COMPANY, INC.
AT A TOTAL COST OF $205,665,83 FOR SHENANDOAH
PARK 1976 - ZING A FINALSPAYMENTNG OFAND OURS $200694T68�D
AUTHORIZING
Upon being seconded by Vice -Mayor Gibson, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
65. ACCEPT PLAT: RtvAs,
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 77-650
A RESOLUTION ACCEPTING THE PLAT ENTITLED
RIVAS PLAT, A SUBDIVISION IN THE CITY OF
MIAMI; AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND THE CITY
CLERK TO EXECUTE THE PLAT.
Upon being seconded by Vice -Mayor Gibson, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
ACCEPT PHASE II. STAGE "B" FROM GROVE GROUP FOR RE -DEVELOPMENT AND
66.
MODERNIZATION OF THE DINNER KEY AUDITORIUM.
The following resolution was introduced by Vice -Mayor Gibson,
who moved its adoption:
RESOLUTION NO. 77-651
A RESOLUTION ACCEPTING PHASE II, STAGE B
(CONTRACT DOCUMENT STAGE) OF THE WORK BEING
ACCOMPLISHED BY THE GROVE GROUP UNDER THEIR
ODENMODERNIZATIONTY FOR REDEVELOPMENT
OFDINNER KEYCONTRACT
AUDITORIUM
AND
AND ITS IMMEDIATE SURROUNDINGS.
Upon being seconded by Commissioner Plummer, the motion WAS
psssAd Arid adopted by a unanimous vote of the Commission.
JUL 2 81977
•
Jr.
•
67 ALLOCATE $7,000 FROM PARKS FOR PEOPLE Bot FUNDS TO INSTALL PLAQUE AT
URBAN MINI -PARK LOCATED AT 46 W. FLAGLER STREET
The following resolution was introduced by Commissioner Pithnttler,
Who moved its adoption:
RESOLUTION NO. 77-652
A RESOLUTION ALLOCATING $7,000 FROM THE
1972 PARKS FOR PEOPLE BOND FUND FOR
PROFESSIONAL DESIGN SERVICES, MANUFACTURE
AND INSTALLATION OF A PLAQUE AT THE URBAN
MINI PARK LOCATED AT 46 WEST FLAGLER
STREET HONORING PAUL S. WALKER; AND FURTHER
AUTHORIZING THE CITY MANAGER TO PAY TO SUM
OF $3,966.51 FROM THE AFORESAID SUM OF $7,000
FOR APPROVED SERVICES OF O'LEARY-SHAFFER
AND ASSOCIATES IN CONNECTION WITH DEVELOPMENT
OF THE PARK.
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
68. ORDERING RESOLUTION: S.W. 22 STREET, HIGHWAY IMPROVEMENT, PHASE III,
H-4418.
The following resolution was introduced by Commissioner Gordon,
who moved its adoption:
RESOLUTION NO. 77-653
A RESOLUTION ORDERING S.W. 22 STREET HIGHWAY IMPROVEMENT
- PHASE III - H-4418 AND DESIGNATING THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF
THE COST THEREOF AS S.W. 22 STREET HIGHWAY IMPROVEMENT
DISTRICT - ETHEIII
HIGHWAY1BONDAND
FUNDALLOCATING
PRELIMINARYAMOUNT
OFF$10,000 FROM
EXPENSE.
Upon being seconded by Vice -Mayor Gibson, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer,
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES; one.
& DEFERRAL. OF CONSIDERATION OP IMFROVEMENt OF FINANCIALANISORS TOVE
RETIREMENT SYSTEMS
The following motion was introduced by Commissioner IteboSOt
Who moved its adoption:
MOTION NO. 77-654
A MOTION TO DEFER CONSIDERATION OF EMPLOYMENT OF THE
FIRM OF SECURITIES AND MANAGEMENT EVALUATION AS FINANCIAL
ADVISORS OF THE RETIREMENT SYSTEM UNTIL THE FIRST MEETING
IN RETIREMENT ESYSTEM R AND RTOUBETPRESENT ATING THE ATHIS RD FCOMERS OF HE
MMISSION
MEETING TO DISCUSS THIS MATTER.
'Upon being seconded by Commissioner Gordon, the motion was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: None.
70, AUTHoRIZE CITY MANAGER TO SUBMIT
FORANT FUt�INGLIOFTAN,ACC�RAT�E I���TIa,
JUSTICE PLANNING AND ASSISTANCE
MESSAGE (AIM) PROJECT,
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 77-655
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO SUBMIT A GRANT APPLICATION TO THE BUREAU
OF CRIMINAL JUSTICE PLANNING AND ASSISTANCE,
DIVISION OF STATE PLANNING, DEPARTMENT OF
ADMINISTRATION, STATE OF FLORIDA, FOR FUNDING
OF AN ACCURATE INFORMATION MESSAGE (AIM) PRO-
JECT AND TO DEVELOP A CITIZEN SELF-HELP/AWARE-
NESS PROGRAM TOWARD CRIME PREVENTION AND
NEIGHBORHOOD OR BUSINESS AREA CRIMINAL ACTIVITY;
PROVIDING FOR THE ALLOCATION OF $3,290 AS THE
CITY'S CASH MATCH FROM THE FISCAL YEAR 1976-77
BUDGET, SPECIAL PROGRAMS AND ACCOUNTS, MATCHING
FUNDS FOR FEDERAL GRANTS; AND FURTHER AUTHORIZING
THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE
THE NECESSARY AGREEMENTS TO IMPLEMENT THE PRO-
GRAM UPON RECEIPT OF THE GRANT.
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NQES: None.
JUL 2 8197 7
118
•
;I AUTHORIZE CITY MANAGER TO SUBMIT GRANT APPLICATION TO BUREAU OF CRIMINAL
JUSTICE PLANNING AND ASSISTANCE FOR EUNOING OF 2ND YEAR GRANT FOR JUVENILE
OFFENDER DIVERSIONARY PROJECT,
The following resolution was introduced by Commissioner Plummer,
taho moved its adoption:
RESOLUTION NO. 77-656
RESOLUTION AUTHORIZING THE CITY MANAGER
TO SUBMIT A GRANT APPLICATION TO THE BUREAU OF
CRIMINAL JUSTICE PLANNING AND ASSISTANCE,
DIVISION OF STATE PLANNING, DEPARTMENT OF
ADMINISTRATION, STATE OF FLORIDA, FOR FUNDING
OF A 2ND YEAR GRANT FOR THE JUVENILE OFFENDER
DIVERSIONARY PROJECT; PROVIDING FOR THE ALLO-
CATION OF $38,679 AS THE CITY'S CASH MATCH FROM
THE FISCAL YEAR 1976-77 BUDGET, SPECIAL PROGRAMS
AND ACCOUNTS, MATCHING FUNDS FOR FEDERAL GRANTS;
AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT
THE GRANT AND EXECUTE THE NECESSARY AGREEMENTS TO
IMPLEMENT THE PROGRAM UPON RECEIPT OF THE GRANT.
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
72. AUTHORIZE CITY MANAGER TO SUBMIT GRANT APPLICATION TO THE BUREAU OF CRIMINAL
JUSTICE PLANNING AND ASSISTANCE FOR 24D YEAR GRANT TO ACQUIRE ADDITIONAL
PHOTOGRAPHIC EQUIPNEM TO NAND CAPABILITIES OF POLICE DEPT.
The following resolution was introduced by Commissioner Gordon,
who moved its adoption:
RESOLUTION NO. 77-657
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO SUBMIT A GRANT APPLICATION TO THE BUREAU
OF CRIMINAL JUSTICE PLANNING, AND ASSISTANCE,
DIVISION OF STATE PLANNING, DEPARTMENT OF
ADMINISTRATION, STATE OF FLORIDA FOR FUNDING
OF A 2ND YEAR GRANT TO ACQUIRE ADDITIONAL
PHOTOGRAPHIC EQUIPMENT TO EXPAND THE CAPA-
BILITIES OF THE MIAMI POLICE DEPARTMENT AUTO-
MATIC COLOR PHOTOGRAPHIC PROCESSING LABORATORY;
PROVIDING FOR THE ALLOCATION OF $3,112 AS THE
CITY'S CASH MATCH FROM THE FISCAL YEAR 1976-77
BUDGET, SPECIAL PROGRAMS AND ACCOUNTS, MATCHING
FUNDS FOR FEDERAL GRANTS AND FURTHER AUTHORIZING
THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE
THE NECESSARY AGREEMENTS TO IMPLEMENT THE PRO-
GRAM UPON RECEIPT OF THE GRANT.
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYgS; Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES; None,
JUL 281977
73. MCP? hat VINASe
the following resolution was introduced by ComIltissioher PlUMMer,
Who MOVed its adoption:
RESOLUTION NO. 77-658
A RESOLUTION ACCEPTING THE PLAT ENTITLED
VINAS ESTATES, A SUBDIVISION IN THE CITY
OF MIAMI, FLORIDA; AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND AC-
CEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF
FULL WIDTH IMPROVEMENTS ON N.W. 13TH STREET
AND ON N.W. 31ST AVENUE UNTIL REQUIRED BY
THE DEPARTMENT OF PUBLIC WORKS;
AND AUTHOR-
IZING AND DIRECTING THE CITY MANAGER AND
THE CITY CLERK TO EXECUTE THE PLAT.
Upon being seconded by Vice -Mayor Gibson, the resolution
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
74, APPROVE FINANCIAL PLAN AND PROJECT FOR 168 UNITS, SECTION 8, SUPPORTED
BY CITY OF MIAMI HOUSING &11D ISSLE,
The following resolution was introduced by Commissioner Gordon,
who moved its adoption:
RESOLUTION NO. 77-659
A RESOLUTION APPROVING THE FINANCIAL PLAN AND
PROJECT CONTRACT FOR 156 SECTION 8 HOUSING UNITS
FOR HOUSEHOLDS OF LOW AND MODERATE INCOME LOCATED
IN LUMMUS PARK, LITTLE HAVANA, COCONUT GROVE AND
MODEL CITIES; SUCH APPROVAL IS CONSISTENT AND IN
ACCORDANCE WITH THE AGREEMENT FOR FINANCING HOUS-
IG Y THE THEYOF CITYMOFMI BY AND BETWEEN MIAMI DATED JULY 199,,E1976
COOUNTT
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
120
f
JUL 281977
4
AYES:
NOES: None.
•
75. AUTPORI2E ISSUANCE bF $3,540,000 IN BONDS FOR HOUSING, riRt FIGHTING
ANb PUBLIC PARKS,
The following fesolution was introduced by Commissioner pl`utimer,
Who moved its adoption:
RESOLUTION NO. 77-660
A RESOLUTION FIXING CERTAIN DETAILS CON-
CERNING $11,540,000 PUBLIC PARK AND RE-
CREATIONAL FACILITIES BONDS, $1,000,000
HOUSING BONDS AND $1,000,000 FIRE FIGHT-
ING, FIRE PREVENTION AND RESCUE FACILITIES
BONDS OF THE CITY OF MIAMI, FLORIDA, AND
DIRECTING PUBLICATION OF NOTICE OF SALE
OF SAID BONDS
Upon being seconded by Commissioner Gordon, the resoltition'VAS`
passed and adopted by the following vote:
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
76. RE -SCHEDULE LAST MEETING IN SEPTEMBER TO SEPTEMBER 2OTH,
The following resolution was introduced by Commissioner Gordon,
who moved its adoption:
RESOLUTION NO. 77-661
A RESOLUTION RESCHEDULING THE REGULAR
CITY COMMISSION MEETING OF SEPTEMBER 22,
1977 TO TAKE PLACE ON SEPTEMBER 20,
1977.
Upon being seconded by Vice -Mayor Gibson, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
• NOES: None.
77, CIAIM SETTLEMENT: CITY OF MIAMI VS. MARK COLE MUMBLE, ET AL.
The following resolution was introduced by Vice -Mayor Gibson,
who moved its adoption:
121
1977
1
=r-
t2SOLUTION NO. 7/-662
A R2SOLUTION AUTHORIZING THE DIRECTOR OF VtNANCt
TO .CCPT THE SUM OF $600.00 IN FULL AND COMPLETE
SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI V.
MARX COLE TRUMBLE, ROYAL CROWN BOTTLING COMPANY
0' MIAMI, AND ARGONAUT INSURANCE COMPANY; AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A RELEASE RELEASING MARX COLE TRUMBLE,
ROYAL CROWN BOTTLING COMPANY OF MIAMI, AND
ARGONAUT INSURANCE COMPANY, FROM ANY AND ALL
CLAIMS FOR PROPERTY DAMAGE ARISING OUT OF THE
ACCIDENT WHICH IS THE SUBJECT MATTER OF THE ABOVE
CLAIM.
Upon being seconded by Vice -Mayor Gibson, the resolution was
passed and adopted by the following vote:
AYES: Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
78. CLAIM SETTLEMENT: FuilarrINO DELGADO.
The following resolution was introduced by Vice -Mayor Gibson,
who moved its adoption:
RESOLUTION NO. 77-663
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO FLORENTINO DELGADO, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $500.00, IN FULL AND COMPLETE
SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF MIAMI
FOR ALLEGED PERSONAL r:JURIES SUFFERED ON AUGUST 22,
1975 WHEN HE FELL ON A BROKEN OR DEFECTIVE SIDEWALK
AT 433 N.W. 11TH AVENUE, MIAMI, FLORIDA, UPON THE
EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI
FROM ALL CLAIMS AND DEMANDS.
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
79, DEM' CERTAIN CLAIMS AND DIRECT CITY ATTORNEY TO DEFEND
SUITS,
Vhe following resolution was introduced by Commissioner Plummer,
who moved its adoption;
122
•
RESOLUTION NO. 77-664
A RESOLUTION DENYING CERTAIN CLAIMS AND
DIRECTING THE CITY ATTORNEY TO DEFEND
ANY SUIT BROUGHT FOR THE RECOVERY OF
DAMAGES ARISING OUT OF SAID CLAIMS.
Upon being seconded by Vice -Mayor Gibson, the resolUtiol W
pasted and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
SO. DEFERRAL OF CONSIDERATION OF PROPOSAL AGREEMENT WITH GREENLEAF, TELESCA
PLANNERS, ENGINEERS 8 ARCHITECTS - CITY-WIDE MARINA DEVELOPMENT STUDY.
Mayor Ferre: Now on the selection of Greenleaf Telesca and all that...
how did you arrive at that name?
Mr. Grassie: The selection of the firm of Greenleaf Telesca, Mr. Mayor
was accomplished by a committee.
Mayor Ferre: Who was on the committee? Was it a staff committee?
Mr. Grassie: It was basically a staff committee, Mayor.
Mayor Ferre: Well, in the past haven't you brought to the Commission
two or three alternatives and then we decide?
Mr. Grassie: No, well at least in the recent past what we have done
is made a recommendation to you.
Mayor Ferre: This is the first time I've ever seen one name of one
architect...
Mr. Grassie: More than one were interviewed,,., I think we interviewed about six.
Mayor Ferre: Who is the committee and who made the decision and how
did you arrive at Greenleaf Telesca and I will definitely state that
in the eight years of my serving this City, I've never had something
brought before this Commission without, ' you know,.giving
us a choice of selecting at least one out of two.
Mr. Grassie: Well, unfortunately the planning director caught a
plane today at 6 O'clock and he is the one who has the basic in-
formation on this...
Mr. Plummer: Is that why he caught the plane?
Mr. Grassie: That's why he caught the plane.
Mayor Ferre: Let me ask you this now, how big a contract is it,
because if you're talking about $5,000...
Mr. Grassie: Fifteen thousand dollars,Mayor.
Mayor Ferre: As a matter of principle and I think its wrong and
I frankly am prone to vote against it on principle, but on the other
hand...
Mr Reboso: What Marina...?
Mayor Ferre; 111 the MarinaLS,
y Grassie: about sib months ago when the City Cornissioh vas dealing
4ith the question of dinner key marina. You ask us to take a comprehensive
look at marina facilities in the City, to think not only about the short
run improvement of this marina, but also to think about more long
term improvements of this particular marina and also other marina op-
portunities. Now, what this contract would do is to study all of the
marina potentials within the City limits and make a rerrxation.
Mayor Ferre: I'll tell you what I would recommend, because we've
been waiting for this for six months and its not a big contract, you're
talking about $15,000. I'm going to recommend that we move it just
as a matter of expediency, but then I'm going to offer a resolution
that in the future that all contracts for architectural engineering
services that you bring...
-Mt. Reboso: Mr. Mayor, let me ask you something. -Wouldn't
it be better that the City Manager ask for proposals for... lets
say for the first meeting in September and let everybody come with the
proposals and everybody hire the architects and the engineers that
they want and see as many as possible.
Mayor Ferre: Yes, I agree with the.principle of that Manolo, but the
problem is that you're talking about a $15,000 contract which is not
a big thing, number one... number two, we're going to loose another
month.
Mr. Reboso:
or what ever
Mayor Ferre:
Rev. Gibson:
But then the contract is going to set some guide lines
it is, lets see first what the people bring. Then maybe...
You want to do it that way.
Yea, I want to agree with that.
Mr. Reboso: Otherwise, I don't know who was in the committee, I
don't know how they arrive with this selection... I perfer to do this...
Mayor Ferre: Alright, Mr. Grassie no more of this please.
Mr. Grassie: I don't know whether it is necessary to point out to
you that you have adopted a resolution already asking me to do this
and authorizing me to select an architect. Now you've already done
that and we're simply...
Mayor Ferre: Well, I want to tell you something, if I voted for that
I didn't know what I was voting on. If I had known that we were
voting to let you do the selection I wouldn't have voted that way
because thats the first time its ever happen that I remember in the
City of Miami. 'The Commission reserves the right to select contracts -
this is a small one that why I'm willing to vote for it.
Mr. Grassie: Well, Mayor I have no particular feelings about this
... you know, if you want to put it off, you want to 5411ow a •different
procedure, what ever you like...
Mr. Reboso: Mr. Grassie, do you see a problem to pass a resolution
today asking for proposals in the marinas for the next meeting in
September 8th?
Mr. Grassie: Well, let me ask Dena Spillman to tell you what has
already been done, so that you will be aware of that.
-Ms. Spillman: Mr. Fosmoen, did not tell me who is on the negotiating
committee, but I do know that ads were placed in all local news papers
soliciting proposals from interested firms and anyone who wished to
did submit a proposal and the committee evaluated I think five pro-
posals...
Mr. Reboso: Fine, can we set the date... lets say September 8th?
Mayor Ferre: Ok, this matter is postponed until September for a
decision at that time.
124
4ith 2 8 77
sm-
MEV-
•
•
' ttt teboSO t tut that the same tittle can We ask for ptupisal for that day,
Mt. Grassie: We have proposals Commissioner...
Mayor Ferre: We have six firms.
Mr. Grassie: Yea, so what we can do is give you full inforMatioh
on that and you can decide what you want tb.do with...
Mayor Ferre: We'll select at that time.
Mr. Reboso: In September 8th.
Mr. Grassie: Fine.
Mr."Itebose: And then we can select this firm in September 8th.
Mr. Grassie: Fine, what ever you would like.
Mr. Plummer: Lets get back to the theory... I agree the Commission
should have that latitude, but lets have the Manager put them forth
in three, in other words let him go down a, b, and c or put three
down. I don't want to sit here, what if you got thirty proposals,
you'll have me into another advertising.
Mayor Terre: Yea, we don't want to see six.
Mr. Plummer: You recommend the top three and then we'll select from
that and if we can't then we'll ask for six.
Mayor Ferre: And I'll tell you what, I would even go this far
because out of six if you feel that there are not three that are
really qualified then give us two.
Mr. Reboso: Yea, I agree with that. Its up to the Manager.
Mayor Ferre: Alright, lets go.
Mr. Reboso: I would like to see that in September 8th, is it neces-
sarily a resolution?
Mayor Ferre: No its not.
Mr. Plummer: .$ut, let me ask you this, Joe are you tying this with
the basic question that this Commission want answered?... whether
or not to put out that the marina to concession.
Mr. Grassie: No sir, we understand that you have already decided
that and that is in process, thats going forward, but what you
asked us at that same time was that we take in addition to doing that
immediate thing, which is going forward you asked us to take a
more long range view...
Mayor Ferre: Let us go.
Mr. Plummer: When are we going to know about the docks and the
golf courses? You were supposed to ante back to us and reoatmend.
Mr. Grassie: Within six months.
Mr. Plummer: Right.
Mr. Grassie: And we intend to do that.
Mayor Ferre: You're cutting it close.
Mr. Grassie: You know, I think its within about a month and a ba f
from now.
125
ulIouIlIlIlol i ■1i■■iumiorici
7
ACCVT BID: SALVAGE Atli OEYOLITICti OF INCINERATOR tti 1i
The following resolution was introduced by Commissioner i eg►
who Witted its adoption:
RESOLUTION NO. 77-665
A RESOLUTION ACCEPTING THE BID OF CUYAHOGA WRECKING
CORPORATION IN THE AMOUNT OF $76,700 FOR INCINERATOR
NO. 1 - SALVAGE & DEMOLITION (PHASE II) (2ND BIDDING);
ALLOCATING THE AMOUNT OF $76,700 FROM THE ACCOUNT
ENTITLED "POLLUTION CONTROL & INCINERATOR FACILITIES
BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING FROM
SAID ACCOUNT THE AMOUNT OF $8,437 TO COVER THE COST OF
PROJECT EXPENSES; ALLOCATING FROM SAID ACCOUNT THE AMOUNT
OF $1,534 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES,
CONTRACTPOSTAGE;
WITH SAIDFIRM.AUTHORIZING
THE CITY
MANAGER TO EXECUTE
Upon being seconded by Vice -Mayor Gibson, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
?2, ACCEPT BID: SPORTS FIELDS LIGHTING AND ELECTRICAL. AT
GRAB AVEN1 PARK.
The following resolution was introduced by Vice -Mayor Gibson,
who moved its adoption:
RESOLUTION NO. 77-666
A RESOLUTION ACCEPTING THE BID OF BRANAM ELECTRIC COMPANY
IN THE PROPOSED AMOUNT OF $213,530 FOR THE GRAND AVENUE
PARK - SPORTS FIELDS LIGHTING AND ELECTRICAL; WITH FUNDS
THEREFOR PROGRAMMED AND BUDGETED UNDER THE "COMMUNITY
DEVELOPMENT PROGRAM" FOR THE CONTRACT, FOR PROJECT
EXPENSE AND INCIDENTAL EEXPENSES;
CONTRACTAND
WITHAUTHORIZING
FIRM,THE
CITY MANAGER TO EXEC
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
,AYES: Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Mayor Maurice A. Ferre
iii■uii•iuiiiiiiuiiiiiiui 1111111
ACCS1B1 tion-tERN DRAiNAGS PROJECT E-10
The following resolution was introduced by ComMissiOher Aeboso,
who moved its adoption:
Upon
passed and
AYES:
RESOLUTION NO. 77-667
A RESOLUTION ACCEPTING THE BID OF A.M.J. CORPORATION
IN THE AMOUNT OF $236,145 FOR NOTHERN DRAINAGE
PROJECT E-40; ALLOCATING THE AMOUNT OF $236,1
45 FROM
THE ACCOUNT ENTITLED "STORM SEWER BOND FUND" TO COVER
THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE
AMOUNT OF $25,976 TO COVER THE COST OF PROJECT
EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF
$4,722 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING,
being seconded by Vice -Mayor Gibson, the resolution was
adopted by the vote:
Commissioner Manolo Reboso
Vice -Mayor Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
814. ACCEPT BID; EMULSIFIED ASPHALT
The
who moved
Following resolution was introduced by Commissioner Gordon,
its adoption:
RESOLUTION NO. 77-668
A RESOLUTION ACCEPTING THE BID OF JETCOAT COMPANY FOR FURN-
ISHING EMULSIFIED ASPHALT, AS REQUIRED, ON A CONTRACT BASIS
FOR ONE YEAR FROM DATE OF AWARD FOR THE DEPARTMENT OF PUBLIC
WORKS AT A BASE PRICE OF $.27 PER GALLON AT AN APPROXIMATE
TOTAL COST OF $54,000.00, SUBJECT TO THE AVAILABILTIY OF
FUNDS THERFOR; ALLOCATING FUNDS FROM THE 1976-1977 AND 1977-
1978 FISCAL YEAR DGET; AUTHORIZING THE CITY MANA
GER AND THE
THIS MATERIAL
PURCHASING AGENT TOISSUETHEPURCHASEORDERS FOR
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
MIZMIE
MEE
+ i A moT1ON DEFERRING CONSIDERATION OF AGT. WIiN ARCHITECTURAL FIRMS
IN NEW CO LAITY BUILDING LITTLE HAVANA CCM,UiITY CENTER.
The following motion was introduced by Commissioner Aebdt
who moved its adoption:
MOTION NO. 77-669
A MOTION DEFERRING CONSIDERATION OF AUTHORIZATION OF
AGREEMENT WITH AN ARCHITECTURAL FIRM FOR PROFESSIONALS
IN THE DESIGN OF A NEW COMMUNITY BUILDING FOR THE LITTLE
HAVANA COMMUNITY CENTER AND REQUESTING THE CITY MANAGER
TO COME BACK TO THE CITY COMMISSION WITH HIS RECOMMENDATION
OF THREE FIRMS.
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: None.
86, APPROVE PROPOSAL FOR STUDY OF GWERifE T STUDY STRUCTURE IN
MIAMI-BADE AREA.
The following resolution was introduced by Commissioner Reboso,
who moved its adoption:
RESOLUTION NO. 77-670
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO SELECT A PROFESSIONAL FIRM FOR A PROPOSED
INTERGOVERNMENTAL STUDY, AS IT RELATES TO THE
TWO-TIER STRUCTURE FORM OF GOVERNMENT IN THE
MIAMI-DADE AREA; AND TO ENTER INTO AN AGREE-
MENT WITH THIS FIRM TO PROVIDE PROFESSIONAL
SERVICES TO THE CITY OF MIAMI, SUBJECT TO CITY
COMMISSION APPROVAL THEREOF.
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Vice -Mayor Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
'NOES: None.
87, CC1iFIRMIi4G RESOLUTIOth AUTHORIZE CITY 11ANAGER TO EFFECT CONTRACT WITH
DIPLOMAT WORLD ENTERPRISES, LTD. - DEVELOPMENT OF WATSON ISLAND.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
128
JUL 281977
4
RESOLUTION NO. 77-671
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
•EXECUTE A CONTRACT, AS SOON AS POSSIBLE, WITH
THE DIPLOMAT WORLD ENTERPRISES, LTD. FOR THE
DEVELOPMENT AND OPERATION OF WATSON ISLAND, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
DEVELOPER -OPERATOR AGREEMENT OUTLINE BY AND
BETWEEN THE CITY OF MIAMI, FLORIDA, AND DIPLOMAT
WORLD ENTERPRISES, LTD., WHICH IS ATTACHED HERETO.
Upon being seconded by Vice -Mayor Gibson, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Vice -Mayor Theodore R. Gibson
Commissioner Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
The following motion was introduced by Commissioner Reboso,
Who moved its adoption:
MOTION NO. 77-672
A MOTION APPOINTING VIRGINIA ESSEX TO FILL THE
PRESENT VACANCY ON THE SUBSTANCE ABUSE BOARD.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: None.
89. PUTKRIZE CITY ATTORNEY TO ENTER INTO AGREEMENT WITH THE LAWFIRM OF:
O'CONNOR AND HANNAN FOR PROFESSIONAL SERVICES TO ASSIST IN LITIGATION RE
CITY OF MIAMI`s PIELIC WORKS FERAL GRAFT FUNDS.
The following resolution was introduced by Vice -Mayor Gibson,
who moved its adoption:
RESOLUTION NO. 77-673
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENTER INTO AN AGREEMENT WITH THE LAW FIRM OF
O'CONNOR AND HANNAN FOR PROFESSIONAL SERVICES
TO ASSIST IN THE LITIGATION REGARDING THE CITY
OF MIAMI'S PUBLIC WORKS FEDERAL GRANT FUNDS FOR
A FEE NOT TO EXCEED $8,500.00 BASED UPON A
STATED SCHEDULE; FURTHER APPROVING, RATIFYING
AND CONFIRMING PRIOR ACTION OF THE CITY ATTORNEY
REGARDING THE EMPLOYMENT OF THE ABOVE FIRM IN
CONNECTION WITH THE AFORESAID LITIGATION.
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote:
•, ,yg$; Vice -Mayor Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr,
Commissioner Manolo Reboso
Mayor Maurice A. Ferre
IVQI✓S; Vone.
129
JUL 2 8197?
•
pima CITY ATI-CONEY To €xpEbIrE RECEIPT OF OPINION FROMA NE
Gesem. ow SUBJECT OF PENSlai NATTER ,
MayorFerre: Now, before we break up, is there anything else Mt. �'arassie,
that you want to bring up? Is there anything else that you Want to
bring up Mr. Knox?
Mr. Plummer: Wait a minute, Gene's got something.
Mr. Naples: It'll just take a minute gentlemen.
Mayor''erre: Go ahead Gene, its alright with me.
4r. Naples: Mr. Mayor and members of the Commission, We had a re opener
to bargain with the City on Pensions this year.
Mayor Ferre: What?
Mr. Naples: We had a re -opener in our contract to bargain on Pensions.
We started that in May, we had a couple of meetings,_ its my understanding
that the hold up is because of an opinion that the City Attorney has asked
Attorney General,thats been over a month ago. We're spinning our whee.L_,
we haven't done anything. What I'm asking the City Commission or
somebody on the Commission to do is to try to hasten that opinion so
that we can do something. Now we made an offer to the City that we'd
take a pass this year and of course that was turned down, but thats a
negotiative tactic on this whole Pension matter. We have offered all
of our positions to the City negotiator on what we wanted to talk about,,
we have received absolutely nothing as far as the City proposals to
us. We haven't gotten anything and that is all depending on when we get
this opinion from the Attorney General.
Mayor Ferre: What do you want us to do Gene?
Mr. Naples: What I want you to do is if somebody has got some influence
with the Attorney General's office, ask them to get that opinion back,
because the rumor is that we're running scared and when the fact of the
matter is that the City is dragging its feet because of the Attorney `
General's opinion. Now we just want to sit down and get something
resolved or you know, we already offered to take a pass because of the
unsett1inq thing about this whole pensiot: thina and I want to =ay that the.
what has been effectively done so far is the City Attorney's opinion
'on the City's ability to make some arbitrary unilateral decision as
it relates to pensions and with the things that were brought before the
Commission, relating to diminishing of pension benefits and so forth...
you've had forty-one people,,it was my understanding from the general
employees,who have taken early opinions with penalties because they are
very concerned that they were going to lose some of their pension benefits
-and .1 think thats wrong.. Zhev're doing that: they are yery_ e y concerned
about it and I... when you giving these plagues out todav you know I
was inclined to ask some of those people if they were really ready to
retire or whether they were running scared because of this opinion that
was rendered. Our Attorney doesn't agree with that opinion by the way
and you know, we'll get to that at some later point, but we're not
doing anything its been two months now...
Mayor Ferre: Gene what is it you want us to do?... pass a resolution
asking the Attorney General to give us an opinion.
Mr. Naples: Mr. Mielke,_ wants to meet with you people and under the
.d law you can meet in closed session, but the Question is now that _
since pension has been taken out of the scope of collective bargaining
the City Attorney, and rightfully so, is concerned that you might get
in .a jam because of -the jam you got in before.
1r. Grassier You know, I think that he has expressed it very well
Mr. Mayor. We're trying to make sure that the City Commission, does not
130
JUL 28197E
• •
(jet into a embarrassing situation as you know we had the last tune
On the sunshine question and we're simply asking for an opinion of the
Attorney General, before we ask you for a meeting.
Mayor Ferre: Alright.
Mr. Grassie: it seems, you know,'like a basic precaution.
Mr. Naples: You know we're not doing anything, we're not getting
any where and its been well over a month, it seems to me that should
have been done a long time ago, but thats beside the point.
Mayor Ferre: So whats the point?
Mr. -Naples: That you know, the opinion should have been... you know
here so that we could be bargaining... sixty days, under the old law
that would have been an automatic impasse, you know at this point
and we understand the problem, but you know time is running on and a
lot of people are very concerned about whats going to happen as it
relates...
Mayor Ferre: Well, what to do Gene, thats the question, what do we
do?
Mr. Naples: Well, you know one thing you can do is to try to hasten
that opinion, we may very well be here from we don't know how long
before we get back to the bargaining table and you're going to be ap-
proached by the City negotiator with our complete proposal, is what
we had asked for and we have absolutely nothing from the City.
Mayor Ferre: What do we do now?
Mr. Grassie: Well, you know again we're in the hands of a different
state institution in this case and this case it happens to be the
Attorney General.
Mayor Ferre: Well, why don't we just pass a resolution asking the
Attorney General to give us an opinion on it.
Mr. Naples: Well, they've already asked for one but thats been just
about a month ago and actually its been two months.
Mayor Ferre: But they may pay more attention... so Rose Gordon moves
and Reboso seconds, _that the City Attorney be instructed and to send this
resolution urging the Attorney General to give us, to expedite an
opinion. Further discussion? Call the roll.
The following motion was introduced by Commissioner Gordon,
who moved its adoption:
MOTION NO. 77-674
A MOTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO EXPEDITE RECEIPT OF A PREVIOUSLY
REQUESTED OPINION FROM THE ATTORNEY GENERAL
ON THE SUBJECT OF PENSION MATTERS.
Upon being seconded by Commissioner Reboso, the motion was
passed and adopted by the following vote:
AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: None.
131
JUL 2131977
RESOLUTION NO. 77-676
A RESOLUTION PROVIDING FOR THE HOLDING OF A SPECIAL
REFERENDUM ELECTION IN THE CITY OF MIAMI, AL
ON NOVEMBER 8, 1977, UPON THE QUESTION OF APPROV-
ING AN AMENDMENT TO THE CODE OF THE CITY OF MIAMI,
FLORIDA, TO PERMIT THE SALE OF BEER OR MALT BEVERAGES
WITHIN THE ORANGE BOWL MEMORIAL STADIUM AT EVENTS
HELD IN SAID STADIUM
SCHOOLBUT
EVENT PERMITTING
CONCERTS�E
DURING ANY HIGH
the resolution was
g i % MitI N ZOLITrICW 'DESIG tAfiE CarMISSiONER RosE Glum AS REPRESENTA1 IV'E
.fOR THE CITY IN THE SISTER CITY PROGRAM (BERSHEBA, ISRAEL) .
The following resolution was introduced by Commissioner 1eboSO,
-who moved its adoption:
RESOLUTION NO. 77-675
A RESOLUTION DESIGNATING COMMISSIONER
ROSE GORDON AS THE OFFICIAL REPRESENTATIVE
OF THE CITY COMMISSION TO THE
HSISTER
CITY
TR
OF BEERSHEBA, ISRAEL► AND RG
TRAVEL TO BEERSHEBA, IN SAID OFFICIAL
CAPACITY, DEPARTING SEPTEMBER 29, 1977,
AND RETURNING OCTOBER 9, 1977.
Upon being seconded by Commissioner Plummer, the resolution
passed and adopted by the following vote:
AYES:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice -Mayor Theodore R. Gibson
Mayor Maurice A. Ferre
was
NOES: None.
Y2. PROVIDE FOR HOLDING OF SPECIAL REFERENDUMTO IT
ELECTION (NOVEMBER $, 1977)
ON
QUESTION OF AMENDMENT TO THE CODE
The following resolution was introduced by Mayor Ferre, who
moved its adoption:
passed
AYES:
NOES:
Upon being seconded by Commissioner Reboso,
and adopted by the following vote:
Mayor Maurice A. Ferre
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Vice -Mayor Theodore R. Gibson
Commissioner Rose Gordon
•
13RIEFDISCUSSION:(PETSONALAPPEARANCE. BY JOHN GILCHRIST RE
"CINEItia. CENTER PROGRESS"
Mayor Ferret Jim would you Inform the members of the Cott iSSibh
remaining as to whats going on in the Convention Conference Center.
Mr. Connolly: There is a selection Committee that made a pre qualifica-
tion of five Prospective developers, all of them have .the expertise
the experience and the financial wherewithal) to take part in the
development and they are being sent this week the final bid proposal
documents to respond to in September.
Mayor Ferre: When will you come back to us with recommendations?
Mr. Connolly: In September.
Mayor Ferre: If we select in September, then when could we put the
whole package together?
410 r. Connolly: As soon as the developer comes back with a hard financial
proposal.
Mayor Ferre: Ok, any other questions?
Mr. Connolly: And thats usually a ninty day period.
94. DIRECT CITY ATTORNEY TO RESPOND TO A PENSION PROBLEM OF AN EMPLOYEE
IN THE PUBLICITY DEPARTMENT
The following Motion was introduced by Commissioner Gordon,
MO who moved its adoption:
MOTION NO. 77-677
A MOTION DIRECTING THE CITY ATTORNEY TO RESPOND TO
A COMMUNICATION RECEIVED FROM AN EMPLOYEE IN THE
PUBLICITY DEPARTMENT CONCERNING A PENSION PROBLEM
AND INSTRUCTING THE CITY ATTORNEY TO PREPARE A
PROPOSED ORDINANCE ADDRESSING THE PROBLEM CONTAINED
THEREIN, SUCH ORDINANCE TO BE SUBMITTED TO THE CITY
COMMISSION FOR THEIR CONSIDERATION AT THEIR FIRST
MEETING IN SEPTEMBER.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
AYES. Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre.
ADJOURNMENT:
THERE
BEING NO r.M .FORE THE CITY
MAURICE A. FERRE
MAYOR
' ATTEST: RALPH G. ONGIE,
CITY CLERK
MATTY HIRA
ASSISTANT LITY CLERK
EEE
■
ITEM NO.
1
2
3
4
5
6
7
8
9
10
14
15
CITY OF MIAMI
DOCUMENT
BY,i 4.
^1Y:DE
DOCUMENT IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
REVERSING THE ZONING BOARD'S DENIAL OF CONDITIONAL USE
AS LISTED IN ORDINANCE NO. 6871e ARTICLE XVI, SECTION
2( 57) (i)
REVERSING THE ZONING BOARD'S DENIAL OF REQUEST FOR VARI-
ANCE FROM ORDINANCE NO. 6871, ARTICLE XXVII, SECTION 1.
AUTHORIZING THE CITY MANAGER TO BEGIN DISCUSSIONS WITH
MIAMI WORLD TRADE CENTER, INC. CONCERNING CITY PARTICI-
PATION IN THE POSSIBLE DEVELOPMENT OF WORLD TRADE CENTER
IN THE AREA OF THE CITY -OWNED DALLAS PARK COMPLEX.
AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF CON-
DEMLNATION FIVE (5) FAMILY RESIDENCE TOGETHER WITI! VA-
CANT LOTS, LOCATED AT 47 N.E. 58TH STREET
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
BE'IS'JEEN THE CITY OF MIAMI AND STAR ENTERTAINMENT COMPLEX
INC.
ACCEPTING THE PLAT ENTITLED BISCAYNE CAMP, A SUBDIVISION
IN THE CITY OF MIAMI
FINDING AND DETERMINING THE PUBLIC NEED AND NECESSITY
FOR ACQUIRING BY AN ORDER OR TAKING PRIOR TO A TRIAL AS
TO COMPENSATION AND PURSUANT TC CHAPTER 74 OF THE
STATUTES OF FLORIDA THE FEE SIMPLE TITLE TO CERTAIN PRO-
PERTY DESCRIBED HEREIN.
REVOKING CITY OF MIAMI LICENSE ISSUED TO GAYETY THEATRE,
INC. d/b/a (1) PUSSYCAT THEATRE #1, 7770 BISCAYNE
BOULEVARD, PUSSYCAT THEATRE #2 7770 BISCAYNE BOULEVARD
REVOKING CITY OF MIAMI LICENSE ISSUED TO LMPORT INVEST-
MENT SERVICES, INC. d/b/a ESCORT SERVICE INTERNATIONAL,
7120 BISCAYNE BOULEVARD
INCREASING THE SALARY OF JOSEPH R. GRASSIE, CITY MANAGER
TO $52,000 PER ANNUM.
AUTHORIZING TIE CITY MANAGER TO ENTER INTO THE ATTACHED
AGREEMENT WITH PEEKSKILL ENTERPRISES{ INC.
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
AGREEMENT WITH ALLAN POMS FOR HIS SERVICES AS FULL-
TIME ENGINEER.
REQUESTING THAT DADE COUNTY DEED CERTAIN PROPERTIES IN
THE PROPOSED DOWNTOWN GOVERNMENT CENTER AREA, AS LEGALLY
DESCRIBED !IEREIN
AUTHORIZING THE CITY MANAGER TO REQUEST PROPOSALS FROM
ARCHITECTURAL FIRMS AND ALSO TO REQUEST PROPOSALS FROM
QUALIFIED CONSTRUCTION MAMA CONSULTANTS.
MEETING DATE:
COMMISSION
ACTION
R-77-613
R-77-614
R-77-619
R-77-622
R-77-624
R-77-625
R-77-630
R-77-634
R-77-635
R-77-636
R-77-638
R-77-639
R,-77-640
R-77-641
RETRIEVAL
CODE N0.
0095
77-613
77-614
77-619
77-622
77-624
77-625
77-630
77-634
77-635
77-636
77-638
77-639
77-640
77-641
1
■
DOCUWIENTi N DEx
CONTINU
TEM NO.
16
17
18
19
20
21
22
2-3
24
25
26
27
DOCUMENT IDENTIFICATION
AUTHORIZING THE CITY MANAGER TO PURCHASE AN
EIGHT (8) STORY BUILDING CONSISTING OF NINETY
EIGHT (98) ROOMS PLUS A LOBBY AND RESTAURANT
ON THE FIRST FLOOR, KNOWN AS THE PARTICIA
HOTEL
AUTHORIZING THE CITY MANAGER TO PURCHASE IN
LIEU OF CONDEMNATION THE VACANT PROPERTY LO-
CATED ON THE NORTHWEST CORNER OF SOUTHEAST
SECOND AVENUE AND SOUTHEAST FOURTH STREET.
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A CONTRACT FOR THE PROVISION OF PLANN-
ING SERVICES FOR STATION DESIGN OF RAPID
TRANSIT STATIONS
AUTHORIZING THE CITY MANAGER TO ENTER INTO
THE ATTACHED AGREEMENT WITH THE SCHOOL BOARD
OF DADE COUNTY, FOR THE LEASE TO THE CITY OF
MIAMI OF THE OUTDOOR PLAYFIELDS OF ROBERT E.
LEE JUNIOR HIGH SCHOOL.
ACCEPTING THE COMPLETED WORK PERFORMED BY
FHOLLAND PAVING COMPANY, INC. AT A TOTAL COST
OF $259,933.91
ACCEPTING THE COMPLETED WORK PERFORMED BY
WAYNE BLACKWELL & COMPANY, INC. AT A TOTAL
COST OF $141,345.04
ACCEPTING THE COMPLETED WORK PERFORMED BY
MARKS BROTHERS COMPANY AT A TOTAL COST OF
$217,696.10
ACCEPTING THE COMPLETED WORK PERFORMED BY
LOWRY ELECTRIC COMPANY, INC. AT A TOTAL COST
OF $205,665.83
ACCEPTING THE PLAT ENTITLED RIVAS PLAT, A
SUBDIVISION IN THE CITY OF MIAMI
ACCEPTING PHASE II, STAGE B (CONTRACT DOCU-
MENT STAGE) OF THE WORK BEING ACCOMPLISHED BY
THE GROVE GROUP UNDER THEIR CONTRACT WITH THE
CITY FOR REDEVELOPMENT OF DINNER KEY AUDITORI
UM
ALLOCATING $7,000 FROM THE 1972 PARKS FOR
PEOPLE BOND FUND FOR PROFESSIONAL DESIGN
SERVICES, MANUAFACTURE AND INSTALLATION OF A
PLAQUE AT THE URBAN MINI PARK.
ORDERING S.W. 22 STREET HIGHWAY IMPROVEMENT -
PHASE III-H-4418 AND DESIGNATING THE PROPERTY
AGAINST WHICIH SPECIAL ASSESSMENTS SHALL BE
MADE FOR A PORTION OF THE COST THEREOF AS
S.W. 22 STREET HIGHWAY IMPROVEMENT DISTRICT
PHASE III- H-4418
COMMISSION
ACTION
R-77-642
R-77-643
R-77-644
R-77-645
R-77-646
R-77-647
R- 77-648
R-77-649
R-77-650
R-77-651
R-77-652
R-77-653
77-642
77-643
77-644
77-645
77-646
77-647
77-648
77-649
77-650
77-651
77-652
77-653
DOCU
CO
TEM NO
DOCUMENT IDENTIFICATION
ENT') NDEX
28 AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO THE BUREAU OF CRIMINAL
JUSTICE PLANNING AND ASSISTNACE, DIVISION OF
STATE, PLANNING, FOR FUNDING OF AN ACCURATE
INFORMATION MESSAGE PROJECT.
29 AUTHORIZING TIIE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO THE BUREAU OF CRIMINAL
JUSTICE PLANNING AND ASSISTANCE, DIVISION OF
STATE PLANNING, FOR FUNDING OF A 2ND YEAR
GRANT FOR THE JUVENILE OFFENDER DIVERSIONARY
PROJECT
30
31
32
33
34
35
36
37
38
del
AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO TIME BUREAU OF CRIMINAL
JUSTICE PLANNING, AND ASSISTANCE, DIVISION OF
STATE PLANNING, DEPARTMENT OF ADMINISTRATION
FOR FUNDING OF A 2ND YEAR GRANT TO ACQUIRE
ADDITIONAL PHOTOGRAPHIC EQUIPMENT.
ACCEPTING THE PLAT ENTITLED VINAS ESTATES,
A SUBDIVISION IN THE CITY OF MIAMI
APPROVING THE FINANCIAL PLAN AND PROJECT
CONTRACT FO R 156 SECTION 8 HOUSING UNITS FOR
HOUSEHOLDS OF LOW AND MODERATE INCOME LOCATED
IN LUMMUS PARK, LITTLE HAVANA, COCONUT GROVE
AND MODEL CITIES.
FIXING CERTAIN DETAILS CONCERNING $11,540,000
PUBLIC PARK AND RECREATIONAL FACILITIES
BONDS, $1,000,000 HOUSING BONDS OF THE CITY
OF MIAMI
RESCHEDULING THE REGULAR CITY COMMISSION
MEETING OF SEPTEMBER 22, 1977 TO RAKE PLACE
ON SEPTEMBER 20, 1977
AUTHORIZING THE DIRECTOR OF FINANCE TO AC-
CEPT THE SUM OF $600.00 IN FULL AND COMPLETE
SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI
C. MARK COLE TRUMBLE. ROYAL CROWN BOTTLING
COMPANY OF MIAMI.
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
FLORENTINO DELGADO, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $500.00 IN FULL AND
COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE
CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES
DENYING CERTAIN CLAIMS AND DIRECTING THE
CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR
THE RECOVERY OF DAMAGES ARISING OUT OF SAID
CLAIMS
ACCEPTING THE BID OF CUYAHOGA WRECKING COR-
PORATION IN THE AMOUNT OF $76,700 FOR INCINE-
RATOR NO. 1-SALVAGE & DEMOLITION (PHASE II)
(2ND BIDDING)
COHMI SSIDN
N
R-77-655
R-77-656
R-77-657
R-77-658
R-77-659
R-77-660
R-77-661
R-77-662
R-77-663
-77-664
R-77-665
RETRIEVAL
CODE AO.
77-655
77-656
657
658
77-659
77-660
77-661
77-662
77-663
77-664
77-665
DOCUMENT' NDEX
CONTI ED
TEM N0.
40
41
42
43
44
45
46
DOCUMENT IDENTIFICATION
ACCEPTING THE BID OF BRANAM ELECTRIC COMPANY
IN THE PROPOSED AMOUNT OF $213,530 FOR THE
GRAND AVENUE PARK -SPORTS FIELDS LIGHTING AND
ELECTRICAL.
ACCEPTING THE BID OF A.M.J. CORPORATION IN
THE AMOUNT OF $236,145 FOR NORTHERN DRAINAGE
PROJECT E-40.
ACCEPTING THE BID OF JETCOAT COMPANY FOR FUR-
NISHING EMULSIFIED ASPHALT, AS REQUIRED, ON A
CONTRACT BASIS FOR ONE YEAR FROM DATE OF AWARD
FOR THE DEPARTMENT OF PUBLIC WORKS
AUTHORIZING THE CITY MANAGER TO SELECT A
PROFESSIONAL FIRM FOR A PROPOSED INTERGOVERN-
MENTAL STUDY.
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, AS SOON AS POSSIBLE, WITH THE DIPLO-
MAT WORLD ENTERPRISES.
AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN
AGREEMENT WITH THE LAW FIRM OF O'CONNOR AND
HANNAN FOR PROFESSIONAL SERVICES TO ASSIST IN
THE LITIGATION REGARDING THE CITY OF MIAMI'S
PUBLIC WORKS FEDERAL GRANT FUND
DESIGNATING COMMISSIONER ROSE GORDON AS THE
OFFICIAL REPRESENTATIVE OF THE CITY COMMIS-
SION TO THE SISTER CITY OF BEERSHEBA, ISRAEL
PROVIDING FOR THE HOLDING OF A SPECIAL RE-
FERENDUM ELECTION IN THE CITY OF MIAMI ON
NOVEMBER 8, 1977.
COF1MISION
ACTION
R-77-666
R-77-667
R-77-668
R-77-670
R-77-671
R-77-673
R-77-675
R-77-676
RETRIEVAL
CODE NO.
77-666
77-667
77-668
77-670
77-671
77-673
77-675
77-676