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Home My WebLink AboutCC 1976-02-26 MinutesOF MEETING HELD ON FEB 2 61976 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H, D. SOUTHERN CITY CLERK RALPH G,• ONGIE ASSLSTANT CITY CLERK INDEX MINUTES OF REGULAR MEETING CITY COMMISSION 0F MiAMt, FLORIDA ITEM NO SUBJECT ORDINANCE OR RESOLUTION NO. 1. 2. 3. MOTION OF INTENT TO PERMIT CARNIVALS Eastern Star and Masons MOTION OF INTENT TO PERMIT CARNIVAL St John Bosco Church PERMIT FOR AMUSEMENT RIDES Gesu Church 4. 1PERMIT FOR AMUSEMENT RIDES Miami Northwestern High School 5. ACCEPTING COMPLETED WORK- H4360 BID- A Highway 6. 7. 8. CONFIRMING ORDERING RESOLUTION H-4395 S.W. 22 Street Highway Improvement phase ii ORDINANCE AMENDMENT Article XIV-1 S ecial Neighborhood Commercial C-2A dists. PROPOSED CHANGE OF ZONING - Nelson Villa & Garden of Eden AMD 9. CHANGE ZONING CLASSIFICATION 2901 West FlagI r Street (Dade Co.Auditorium) 10. 13. 14. 15. 16. 17. 18. 19. 20. 21. AMEND ORD. 8474- Reduce S12'867.44 from appropriations- continue projects reiating to physical alterations and improvements to city buildings. Create new department 0f HUMAN RESOURCES PUBLIC HEARING- Uniform hours for sale of ALCOHOLIC BEVERAGES- Package stores ONLY ACCEPT COMPLETED CONSTRUCTION- City Hall Electrical Improvements 1975 ACCEPT COMPLETED CONSTRUCTION New Fire Station No. 6 - 1974 ACCEPT COMPLETED WORK- African Square Propert Demolition 1974 ACCEPT PLAT - Aldi Subdivision ACCEPT PLAT - Comfort Manor Subdivision ACCEPT DEED- Bessemer Securities Corporation S. 5= Lots 5 thru 10 GARDEN OF EDEN AUTHORIZE FINAL PAYMENT- Sandblasting and Repairs- MARINE STADIUM FLOATING STAGE AUTHORIZE PUBLIC WORKS TO NEGOTIATE WITH CONTRACTOR - Comfort Stations at MARGARET PACE & MAGNOLIA. Parks ADOPT HOUSE BILL 4465- new OCCUPATIONAL LICENSE law M76-199 M76-200 R76-201 R76-202 R76-203 R76-204 FIRST READ. Deferred to March 25th M76-205 ORD. 8524 ORD. 8525 ORD. 8526 M76-206 R76-207 R76-208 R76-209 R76-210 R76-211 R76-212 R76-213 R76--2I.4 FIRST READING PAGE NO 1 2 3 3-4 5 6-7 7 8 8 9 10 10 10 11 11 12 12 12 13-14 22. 23.. 24. 25. 26. 27. 28. 29. 30. 31. 32. 32eA 433. 34. 35. 36, 37. 38. 39, 40. 41, 42, 43, 1 MINUTES OF REGULAR MEETING CITY 1 COMMISSION OF MIAMI, FLORIDA SUBJECT EXPEND FUNDS t480.00 for registration and attendance at PUBLIC EMPLOYEES CONFERENCE from retirement Plan trust fund ALLOW USE OF WATSON PARK without payment EARTH DAY PROGRAM and $1,300 expenditure Providing certain conditions are met 14th Annual Bowling Tournament of the Americas- use of Gulfstream Room Bft.Aud. THIRD CENTURY U.S.A. - use of Bayfront Park 4th of July Naturalization ceremony REBUEST OFF STREET PARKING AUTHORITY to waive meter charges in connection with naturaliz- ation ceremony GRANT FREE USE OF MARINE STADIUM Greater Miami Philharmonic Society ACCEPT BID- DATA ENTRY PREPARATION ACCEPT BID - Inflated Rescue cusbion ACCEPT BID - Modular Rescue Ambulances ACCEPT BID - INSTALLATION of 12 sets of playground equipment at 8 city Parks ACCEPT BID- 20 golf carts GOLF STARTER PART TIME POSITIONS ACCEPT BID - PORTABLE DOCKS FOR MORNINGSIDE PARK ACCEPT BID - S. W. 8 STREET CHANNELIZATION PUBLIC HEARING- trbffic flow study in the BAY HEIGHTS area COUNTY DECADE OF PROGRESS BONDS Request city to get fair share of benefits DISCUSSION OF widening of GRAND AVENUE APPEAL OF POLICE SERGEANTS -promotional matter- Instructing City Attorney to file a voluntary dismissal action DEVELOPMENT OF - Picnic Islands- appearance of Rick 0 Feldman reP.World DoIPhin Assn. Personal APPearance - MS.GAYLE PERRAULT Mental Health Association of Dade County PLAGUES, CERTIFICATES AND SPECIAL ITEMS INFORMAL DISCUSSION ITEMS Home Industry Bicencennial Celebration SHIPPING - VESSELS - DOCKS Proposed new Chapter 50 of the Code ORDINANCE OR RESOLUTION NO• R76-215 R76-216 R76-217 R76-218 M76-219 R76-220 R76-221 R76-222 R76-223 R76-224 R76-225 DISCUSSION R76-226 R76-227 M76-228 M76-229 DISCUSSION M76-230 M76-231 DISCUSSION R76-232 NO QUORUM' PRESENT DISCUSSION PAGE NO. 14-15 15-16 16 16 17 17 18 18 18-19 19 20 20-22 22 22-23 23-35 36-38 38 39-42 43-46 46-47 48-49 49-51 52-64 ITEM NO, SUBJECT 44. 45. 46. PERSONAL Earth So appearan Earth Da Continua SHIPPING Proposed MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA APPEARANC ciety- dis ce of Pets Y and Pass tion of it - VESSELS enactment E- Mr. Mc Naughton cussion of Possible ons at WATSON ISLAND for ible disbursement of funds em 43 - DOCKS- (Chap. 50) of new Chapter 50 Allocate $5,500 from PARKS FOR PEOPLE BOND RECREATIONAL ETC for African Square ADJOURNMENT ORDINANCE OR RESOLUTION NOI M76-233 PUBLIC HEAR/ M76,234 FIRST READING ORDINANCE R76-235 PAGE NO. -_ 64-66 G 67-86 87 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI) PLORIDA * * * * * * * * * * On the 26th day of February, 1976 ,the City Commission of Miami, Florida met at its regular meeting place in the City Ha11, 3500 Pan American Drive, Miami, Florida, in regular session. • The meeting was called to order at 9:03 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 (Rev.) Theodore R. Gibson Commissioner J. . Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre P. W. Andrews, City Manager A. P. Crouch, Assistant City Manager John S. Lloyd, City Attorney H. D. Southern, City Clerk Ralph G. Ongie, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. 1. MOTIONS OF INTENT TO PERMIT CARNIVAL- EASTERN STAR AND MASONS: Mr. Leo Steinman: My name is Leo Steinman, I am the booker for the carnival, 50 S.W. 15th Avenue. The people I represent, two groups, the Eastern Star Women at Shell City March 4,through 7, and for the Masons April 14 through 19 at Grandway, 54th Street and 12th Avenue N.W. We have gone through the procedure of going to the Building and Zoning, it has been okayed, we have been the police department, and it has been okayed, and all we need is your kind permission. The money for the Masons and Eastern Star, as you well know, in the black areas, they are trying to get a building and scholarship funds. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 76-199 A MOTION OF INTENT TO PERMIT CARNIVAL TO BE OCNDUCTED AT SHELL'S CITY ON MARCH 4TH THROUGH 7TH BY THE DAUGHTERS OF THE EASTERN STARR: AND TO PERMIT CARNIVAL TO BE CONDUCTED BY THE MASONS ON APRIL 14TH THROUGH 19TH AT THE GRANDWAY PROPERTY AT N.W. 54TH STREET AND 12TH AVENUE; BOTH OPERATIONS SUBJECT TO COMPLIANCE WITH ALL CITY REQUIREMENTS Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev,) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. FEB 261976 2. MOTION OF INTENT 'f0 PERMIT CARNIVAL-ST JOHN EOSCO CHURCH: The following motion was Introduced by Commissioner Plummer who moved f is adoption: MOTION No. 76-200 A MOTION OF INTENT TO PERMIT CARNIVAL AT ST. JOHN BOSCO CHURCH, AT 1301 WEST FLAGLER STREET ON FEBRUARY 28TH AND 29TH, SUBJECT TO COMPLIANCE WITH ALL CITY REQUIREMENTS Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor. Maurice A. Ferre NOES: None. 3. PERMIT FOR AMUSEMENT RIDES-GESU CHURCH: Thu following resolution was introduced by Commissioner Gibson, who movtd Its adoption: RESOLUTION NO. 76-201 A RESOLUTION AUTHORIZING 113E ISSUANCE OF A PERMIT TO THE GESU CHURCH FOR AMUSEMENT RIDES AT 118 N.W. 2ND STREET ON MAY 1 & 2, 1976. SUBJECT TO CERTAIN TERMS AND CONDITIONS (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- 1`'IS : Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 4. PERMIT FOR AMUSEMENT RIDES-MIAMI NORTHWESTERN HIGH SCHOOL: The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-202 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO MIAMI NORTHWESTERN HIGH SCHOOL FOR AMUSEMENT RIDES AT 7007 N.W. 12TH AVENUE ON FEBRUARY 26, THROUGH 29, 1976, SUBJECT TO CERTAIN TERMS AND CONDITIONS (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 pas!:ed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J, L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 2 FEB 2 1976 Mrs, Gordon: Mr. Manager along these tame liner did we get an alternate location for the Veterans Administration Hospital for their driver's training? Mr. Andrews: That is being examined. I don't think the alternate location has been established. Mrs. Gordon: You said you would have something today. Will you see before the day is over? Mr. Plummer: They have a site just west of the loop road. 5. ACCEPTING COMPLETED WORK- H-4360-BID A HIGHWAY: Mr. Plummer: Hearing no objections, I'll move acceptance of completed work. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-203 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF MARKS BROTHERS COMPANY FOR THE CONSTRUCTION FO N.E. 4 COURT HIGHWAY IMPROVEMENT H-4360 (HIGHWAY PORTION) BID "A" IN N.E. 4 COURT HIGHWAY IMPROVEMENT DISTRICT H-4360 (HIGHWAY PORTION) BID "A" AT A TOTAL COST OF $526,168.56; AUTHORIZING AN INCREASE OF THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $4,765.86; ALLOCATING THE ADDITIONAL AMOUNT OF $4,765.86 FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS"; AND AUTHORIZING A FINAL PAYMENT OF $168,599.37 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being secondeJ by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 6. H-4395-SW 22 STREET HIGHWAY IMPROVEMENT PHASE II- CONFIRMING ORDERING: Mayor Ferre: Mr. Andrews had something you want to bring up? Mr. Andrews: We have advertised a public hearing for objections to confirming ordering resolution 75-1015 for construction of SW 22 St. Highway Phase II. You will recall that this was before the commission. You asked the Director of Public Works to meet with these people once again. Mayor Ferre: That has been done? Why isn't it on the agenda? If it . was advertised for this time. why didn't you put it on the agenda? Mr. Andrews: There was an error, confusion in placing it on the agenda. Mayor Ferre: In other words it has been property and duly advertised? Mr. Andrews: Yes. Mayor Ferre: The neighbors have been forewarned and advised? Are there objectors present. Mr. Vincent Grimm: Mr. Mayor I think with the exception of Dr. Sword, all of the objectors' questions have been satisfied. We met with them on the 19th, we have revised the plans so that the entire streets mostly have parking placed back on them, we have restricted beautification primarily to the intersections and with those changes I think all property owner except Dr. Sword support this. We have put parking back in front of Dr. Sword's entire block also with exception of the intersections. I'll show the plan if you wish, FEB 2 61976 Mayor Ferre:Why don't you show us the plan and Dr. Sword in the meantitte if you would like to address yourself to the cotninibsion go right ahead. Mr. Grimm: Originally when we presented the plan to the Commission this was the configuration we had designed for the block in front of br. Sword and his neighbors. As as result of our meeting we have resided it tel this. Sword's place is right here, (indicating), the red is parking, the green is landscaping, so that was green before, the length of the block, it is now red. predominately. Here Is a bus stop, The Metro traffic ordinance requires that street intersecting Coral. Way have a 70 ft. view obstruction limitation from the center of the street, so this planning is to do this so as to provide safety. The property owners objected to this and I might add that Dr. Sword's own petition he had signed by his patients and other indicated they were in favor of the improvement provided we didn't eliminate parking. Dr. Sword: Apparently there is a misconception, because I have never changed my position, and these _)OO plus names, (I don't have all the petitions) are those wno object to the removal or reduction.of any of the now available parking. This is the position I stated initially when I came before the commission, and still have it.ic has to do with the very point. We don't want more grief. I might point out to the commission that in the areas that have already been landscaped west of 27th Avenue, they are not property maintained. They should be maintained. That is not beautification when it looks like this. Mr. Andrews: That is not part of the highway, that is Metropolitan Dad< County, that is not the City of Miami. Mr.. Grimm: This is Dr. Sword's petition submitted to the commission. I'll read the next to last paragraph, --'If there must be an alteration or construction a1onv Coral Way, we propose simply paving the present parking areas, perhaps with curves and storm drains, if these are necessary. This would continue to permit parking as at present without abolishing any of the non -too abundant 'parking spaces.' That is exactly what we have done. Mayor. Ferre: Thank you Dr. Sword. Any other objectors? Mr. Burton' Sideman: I am Burton Sideman at 2721 SW 27th Avenue. We have about 220 ft. on Coral Way between 23 and 24th Avenues, and I want to commend the Planning Department for their cooperation with us in this matter because we do need the parking, we don't mind the improvements and the corners where they do have I just want to thank the Planning Department for their cooperation. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-204 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 75-1015 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF S.W. 22 STREET HIGHWAY IMPROVEMENT PHASE IT- H-4395 IN S.W. 22 STREET HIGHWAY IMPROVEMENT DISTRICT PHASE II - H-4395 (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 Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: alone. FEB 2 61976 ORDINANCE AMENDMENT ARTICLE XIV-1 C-2A DISTRICT Mayor Ferre: Let's take up item 4, an ordinance amending Art. 141 C 2A, SPECIAL NEIGH$ORHOOb COMMERCIAL Mr. Lloyd: We will read it when you get ready. Mayor Ferre: You had better get somebody to explain it. Mr. Acton: Mr. Mayor and members of the Commission, as you recall, this ordinance C-2A is applied to the central Coconut Grove business district, and the time it was passed last April there were requests by the citizens group to make certain modifications as they pertained to wholesale marines, recall the commission and the planning department recommended that this ordinance had to be modified to allow the inclusion of wholesale marine activities, especially as they pertain to central Grove or 27th Avenue, but as one modification has been made, the recommendations of both the department and citizens advisory group pertain to modifications and the bonus arrangements for C-2A and what we have done very simply is to add bonus provisions for residential development, one for split level commercial development and that would be the case Mr. Mayor where you have actual two levels of commercial fronting on to a pedestrian street. Another premium was added for useable pedestrian space within the building itself. As you know one of the major objectives of the Coconut Grove • Study was to provide useable pedestrian space within particular commercial developments so, there was a bonus provision added to further induce this type of development. Another change was the approval of off -site parking within the C-2A district has been changed from a conditional use approval to site plan approval by the planning department. It simply give the developer some flexibility and doesn't require him to go before the Zoning Board. Mr. Plummer: George, is anybody objecting to it? This is what the people asked for? I move it, -- AN ORDINANCE ENTITL'r.D- AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY ADDING A NEW PARAGRAPH (k) TO SUBSECTION (57) SECTION 2, PROVIDING FOR WHOLESALE MARINE MOTORS PARTS, ACCESSORIES SALES; DELETING SECTION 7 - HEIGHT, SECTION 9 - FLOOR AREA PREMIUMS AND SECTION 10 - PARKING IN THEIR ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS 7, 9 AND 10 ENTITLES HEIGHT, FLOOR AREA PREMIUMS AND PARKING, RESPECTIVELY, TO ARTICLE XIV-1 SPECIAL NEIGHBORHOOD COMMERCIAL C-2A DISTRICT, REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor 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 Com- mission and to the public. 5 FEB 261976 figEg8h khEbriEGX:tiRNOGEDEN AMD - DEFERRED TO MARCH 25 Mayor Ferre: We ate on item 115. Mrs. Cordon: Anyone here to speak to the item? Mr. Jack Watson: Mr. Mayor and Commission, my name is Jack Watson, my address is 12600 Old Cutler Road. I represent the applicant.We have been advised by the Planning Department that we should ask for a 2 week deferment on this for tis reason. As you will recall, at our last meeting, it was passed on first reading, subject to us coming back and giving the City a. covenant to run with the land. The City Attorney's office has prepared a covenant to run with the land which was delivered yesterday. It has been signed and is acceptable to us. The problem seems to be, is that the covenant refers to a specific set of plans. The Planning Department has told us they have reviewed the plans the plans would require one variance which they do not oppose. However 1 think that they feel that would rather wait till the lower board get a chance to either pass or deny the variance before we go forward. I think. it could be passed subject to the variance if the commission wanted to, but we have been trying to work with you all. Mr. Plummer: Who wants a deferral? The Department? Mr. Watson: I think so, yes. Mr. Acton: We have recommended a deferral based on the fact the covenant refers to a set of plans. They are still working on the plans. Mr. Plummer: I move this be deferred until the meeting of March 25. Mrs. Gordon: Do you wish to speak on this? Mrs. Massey: I am Mrs. Massey, attorney for Trinity Episcopal Cathedral. Item #5 does not refleoL what I recall happened on January 22. It does not reflect the commission's action In regard to calling in accepting the proffer of a voluntary ccvenan. to run with the land. That is nowhere mentioned nor :n there any mention in there that the plan submitted would be acceptable under C-30 which is also agreed upon by Messrs. Ho110 and Watson. In addition thereto, this was set for Monday night at the zoning Board, they deferred it on Monday night. They said again today it was deferred, the un-executed copy of this alleged covenant was delivered to me at 4:30 last evening. It is simply a C-1 to C-3, not more, no less. It speaks for itself. Mayor Ferre: Let's do this, Mr. Lloyd, could you have the Clerk review get copies, exact copies of all that was said, motions and what have you, have: your staff review to see if this appropriate along with the other departments that are involved in this. REv. Gibson: Mr. Lloyd when you look, one agreement was that all of papers would be in the hands of Trinity Cathedral and all parties involved and an agreement must be reached. I want to say to the Mayor, I was here Monday night, one of the few times, because I was here about another matter. I find it difficult to understand, why we Americans don't understand English. I. find it difficult, and Mr. Mayor, after you leave here, everybody gets to the place he or she does not understand. I want to make sure I am putting that in the record, so when Mr. Lloyd looks,and Mr, Lloyd, I hope sir, that before we come back, we have to depent upon you, that all of the lawyers, including you Mr. WAtson, would he together, whether you agree or not, certainly you should have an opportunity to have a conference and iron out, so everybody knows what everybody else is saying. Mr. Watson: We were delivered yesterday the City's covenant that they want us to sign, we signed it, and have done the best we could possibly do, and we will be glad to meet with the City in any future time. Mra. Massey: Mr. Mayor this has to be a voluntary covenant, The City is drafting it, but there is no way it can be upheld under the law. Mr Watson:It will be submitted as a voluntary covenant but I think if the commission indicated that they felt that the City Attorney's office, --they wanted to be sure it was right so we had submitted one and they revised it, that is where • FEB 2 61976 we are. Mayor Ferret Okay, now look, this is too important, Mr. City Attorney and Mr. Manager for us to any way mickey=moulse around. This has to be all open, deliberate, carefully studied, there can't be any hidden things, or surprises, it has to be all well aired, so that I don't want anybody coming hete today or two years form now, saying well I didn't know that Was in there, somebody forgot to do this or that, forgot to put that clause in there, and go back to the minutes of the commission and sure enough, there it is, then it wasn't a part of the agreement. I am not blaming you, I am not blaming the City. Sometimes we rush things around here, you live in such a hurry in this world, sometimes you don't know what is going on. So many things are happening so quickly. Let's take out time and do it right so everybody is satisfied and knows Where he or she stands. This item is deferred to Marcy 25. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-205 A MOTION TO DEFER UNTIL MARCH 25TH A PROPOSED ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF LOTS 12-16, BLK 1, NELSON VILLA & GARDEN OF EDEN AMD AND CERTAIN UNPLATTED PROPERTY ADJOINING AND INSTRUCTING THE CITY ATTORNEY TO INSURE THAT ALL CONDITIONS DISCUSSED BY THE COMMISSION AT PREVIOUS HEARING ON THIS MATTER HAVE BEEN COMPLIED WITH Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 9. CHANGIFIONING 2901 VEST FLAGLER STREET (DADE COUNTY AUDITORIUM) C R-1 TO GU (GOVERNMENT USE) AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR THE DADE COUNTY AUDITORIUM SITE LOCATED AT 2901 W. FLAGLER STREET "UNPLATTED" (THAT PORTION OWNED BY METROPOLITAN DADE COUNTY AS PER SURVEY), FROM R-1 (SINGLE- FAMILY) TO GU (GOVERNMENT USE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Passed on its first reading by title at the meeting of February 10,1976wae taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J, L. Plummer, Jr, Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A, Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8524, 7 FEB 261976 The City Attorney read the ordinance and stated there ere copies available to the City Commission and members of the public. REDUCE $12a867,44 PROM APPROPRIATIONS AMEND ORD. 8474 - CONTINUING PROJECTS RELATING TO PHYSICAL ALTERATIONS AND IMPROVEMENTS TO CITY BUILDINGS AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 8474 ADOPTED OCTOBER 23, 1975 BY REDUCING $12,867.44 FROM THE APPROPRIATIONS THEREUNDER FOR CONTINUING PROJECTS RELATING TO PHYSICAL ALTERATIONS AND 1MPROVEMLt'TS IN CITY BUILDINGS Passed on its first reading by title at the meeting of February 10, 1976 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8525. 1., CREATING A NEW DEPARTMENT OF HUMAN RESOURCES (SECOND READING) AN ORDINANCE ENTITLED - AN ORDINANCE CREATING A NEW DEPARTMENT TO BE KNOWN AS THE DEPARTMENT OF HUMAN RESOURCES; 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 OR PARTS OF ORDINANCES IN CONFLICT HEREWITH Passed on its first reading by title at the meeting of January 20,1976 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8526. 8 FEB 2 61976 12, RUI3LIO HEARING UNIFORM HOURS FOR SALE OF ALCOHOLIC BEVERAGES PACKAGE STORES ONLY Mayor Ferre: We will not take up Item 9 which is a public heating for uniform closing hours for establishments dealing in retail sales for alcoholic beverages by package stores not consumed on premises. Mr. Andrews: While Mr. Ferencik is setting up the chart which is the next item coming down that chart, I want you to public announce Mr. Mayor that this was duly advertised in the newspaper, in addition to that We went through and notified some 50 differenty agencies and individuals, a long standing list we have had so they are aware this is being considered. The particular item is the one now, indicated in the red box without any non -consumption on the premises, and the commission will notice that this tracks closely with Dade County requirement, as it is, and if any adjustment was made there, at 7 A.;;, to 8 P.M. changed to 8 A.M. to 10 P.M. no sales on Sundays,.in either case applies. If the commission chose, we would have uniformity in that area. Mr. Plummer: What amazes me is that this place isn't packed with people. Mayor Ferre: Why don't we make it like Metro then? Mr. Plummer: Please come up and give you name and address. Mrs. Rita Stone: My name is Rita Stone and I live at 845 Fairway Drive Miami Beach. We hold two city of Miami license, 4 COP. Are you dealing with a 4 COP license. Mayor Ferre:The last time we went into this, we got into a mess because we had all kinds of conflicts and people screaming about one thing and they were talking about the wrong thing so we decided to take each one of them up every week, we take up one separate category every time we meet, and that then we are only exclusively talking about package, N,C.O.P. nothing else. Lest time we talked about beer and wine and groceries, and beer and wine, COP. Mr. Plummer: Anybody wish to speak? I move we unifiy it with the County hours, that we have it from 8 A.M. to 10 P.M., no sales on Sundays. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-206 A MOTION OF INTENT TO ADOPT HOURS OF SALE OF ALCOHOLIC BEVERAGES BY PACKAGE STORES WHICH ARE PRESENTLY IN EFFECT IN THE UNINCORPORATED AREAS OF DADE COUNTY (8 AM TO 10 PM; NO SUNDAY SALES) Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Mr. Plummer: Mr. Mayor I want to make a comment to the Manager. Mr. Manager forthe third time I'm telling you, I am not going to tell you where the store is, but there is a violation of consuming on premises and I'll tell you truthfully, if that violation is not corrected, I am going to be back here in another couple of months, I ask the hours be greatly reduced if they can't police their own stores. They are drinking on premises, you can see it, and I think it has to stop. Mayor Ferre; Why don't you make a citizens arrest? Mr. Plummer; Mr. Mayor if I could only get you off the Boulevard. FEB 2 61976 13, ACCEPT COMPLETED CITY HALL LLECTRICAL IMPROVEMENTS 19/5 CONSTRUCTION •t1• Iollowing, rp nlittinn was introduced by Commnissionet P1uMmer, who mov(•d its, adoption: RESOLUTION NO, 76-207 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF ELECTRIC POWER & SERVICE INC. FOR THE CITY HALL- ELECTRICAL IMPROVEMENTS - 1975.AT A TOTAL COST OF $26,587.00; AUTHORIZING AN INCREASE OF THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $2,540.00; ALLOCATING THE ADDITIONAL AMOUNT OF $2,540.00 FROM SPECIAL. REIMBURSEMENT FUNDS THE CITY HAS RECEIVED UNDER THE LAW 92-500 "FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS - 1972", AND AUTHORIZING A FINAL PAYMENT OF $4,944.70 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1jwn being seconded by Commissioner Gibson, the resolution was pasiood and adopted by tLe following vote - Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. ACCEPT COMPLETED NEW FIRE STATION N0, 6 - 1974 14 , CONSTRUCTION The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 16-206 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF DESIGN CONSTRUCTION CORPORATION FOR NEW FIRE STATION NO. 6 -1974 AT A TOTAL COST OF $432,482.74; AUTHORIZING AN INCREASE OF 1HE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $3,482.74; ALLOCATING THE ADDITIONAL AMOUNT OF $3,482.74 FROM THE ACCOUNT ENTITLED "FIRE FIGHTING" & RESCUE FACILITY BOND FUNDS"; AND AUTH- ORIZING A FINAL PAYMENT OF $47,221.43 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre COLS. Nnne. I. ACCEPT COMPLETED WORK AFRICAN SQUARE PROPERTY- DEMOLITION 19/4 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-209 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY CUYAHOGA WRECKING CORPORATION AT A TOTAL COST OF $5,833.00 AND AUTHORIZING A FINAL PAYMENT OF $583.30 FOR THE AFRICAN SQUARE PROPERTY - DEMOLITION- 1974 10 FEB 2 61976 (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 Rev, Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None, 16, ACCEPT PLAT - ALDI SUBDIVISION The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-210 A RESOLUTION ACCEPTING THE PLAT ENTITLED ALDI SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT AND ACCEPTING A COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF ASPHALTIC CONCRETE PAVEMENT AND STANDARD CURB AND GUTTER, AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND 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 Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre 17, ACCEPT PLAT - COMFORT MANOR SUBDIVISION The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-211 A RESOLUTION ACCEPTING THE PLAT ENTITLED COMPORT MANOR SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND 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 Gibson, the resolution was passed and adopted by the following vote- AYES; Commissioner Manolo Reboso Commissioner J, L. Plummer, Jr, Commissioner Rev, Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A, Ferre FEB 261976 NOES: None. NOES: None, 11 13, ACCEPT DEED BESSEMER SECURITIES CORPORATION S,5' LOTS 5 THRU 10 GARDEN OF EDEN 44'12 The following resolution was introduced by Commissioner Plummet, who moved Its adoption: RESOLUTION NO. 76-212 A RESOLUTION ACCEPTING A DEED FROM BESSEMER SECURITIES CORPORATION CONVEYING TO THE CITY OF MIAMI FOR MUNICIPAL PURPOSES THE SOUTH 5 FEET OF LOTS 5 THROUGH 10, INCLUSIVE, IN BLOCK 1, OF THE GARDEN OF EDEN (4-12); AND IN EXCHANGE THEREFOR, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER TO BESSEMER SECURITIES CORPORATION A DEED FOR THE CONVEYANCE OF THE NORTH 37.8 FEET OF LOT 6, BLOCK 1, OF THE GARDEN OF EDEN (4-12). (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 piss, d and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. SANDBLASTING AND REPAIRS AUTHORIZE FINAL PAYMENT MARINE STADIUM FLOATING STAGE The following resolution was introduced by Commissioner Plummer, who moved irs adoption: RESOLUTION NO. 76-213 A RESOLUTION AUTHORIZING TOTAL AND FINAL PAYMENT IN THE AMOUNT OF $15,500.00 TO TRAYCOR MARINE FOR SANDBLASTING, REPAIRS, AND RECOATING THE MARINE STADIUM FLOATING STAGE (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 pawed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer., Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. AUTHORIZE PUBLIC WORKS TO COMFORT STATIONS AT ��1 2M, NEGOTIATE WITH CONTRACTOR Mt oduRdryCissoeGiwARKThe fallowing resolution wax inby u�xno moved its; adoption: RESOLUTION NO. 76-214 A RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO ENTER INTO NEGOTIATIONS WITH THE CONTRACTOR LEADfNG TOWARD THE TERMINATION OF THE CONTRACTS FOR THE CONSTRUCTION OF COMFORT STATIONS AT MARGARET FACE PARK AND MAGNOLIA PARK 4 .4. FEB 2 6 19& (Here follows body of resolution , omitted here and on file in the City Clerk's office.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Hanolo Reboso Commissioner J.L. Plummer, Jr. Commissioner Rev, Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A Ferre NOES:None. Mayor Ferre: Paul, I read your memo on this and what is it? The neighbors don't want it there? Mr. Andrews: Yes, Li►ey are violently objecting to it. We are trying to approach this differently but to try to work this out in this contract is just too complicated. We will be working with the neighborhood to try to achieve it another way. Mrs. Gordon: Where is that? Mr. Grimm: At the entrance to the Julia Tuttle Causeway, on the north side. Mr. Plummer: Down from the F.B.I. building. Mrs. Gordon: Do you know why people are afraid of these things, they are afraid there could be some problems related to the area from the fact there is a shelter there. Mr. Andrews: It creates another set of problems the community has to face, when you don't have proper facilities. Mayor Ferre: For what, having to go to the bathroom? Mr. Andrews: Sure. Mayor Ferre: The unfortunate part about it is, we live in a society where we worry about the negative side of things. It isn't the comfort we give people who are in a hurry to go to the bathroom, it is the concern we have about somebody getting raped, mugged, or rolled. Mr. Andrews: We are going back to those people and approach them differently. I recommend that we terminate. 21, ADOPT HOUSE BILL 4465 - NEW OCCUPATIONAL LICENSE LAW AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 30-4 AND 30-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF INCREASING THE PENALTIES FOR LATE PAYMENT OF ORIGINAL AND RENEWAL LICENSES TO CONFORM WITH THE PROVISIONS OF SECTION 205.053, FLORIDA STATUTES, WHICH STATE STATUTE STATES:"THOSE LICENSES NOT RENEWED BY OCTOBER 1 SHALL BE CONSIDERED DELINQUENT AND SUBJECT TO A DELINQUENCY PENALTY OF 10 PERCENT FOR THE MONTH OF OCTOBER, PLUS AN ADDITIONAL 5 PERCENT PENALTY FOR EACH MONTH OF DELINQUENCY THEREAFTER UNTIL PAID. HOWEVER, THE TOTAL DELINQUENCY PENALTY SHALL NOT EXCEED 25 PERCENT OF THE OCCUPATIONAL LICENSE FEE FOR THE DEL- INQUENT ESTABLISHMENT", AND "ANY PERSON ENGAGING IN OR MANAGING ANY BUSINESS, OCCUPATION, OR PROFESSION WITHOUT FIRST DETAIN ING A LOCAL OCCUPATIONAL LICENSE, IF REQUIRED HEREUNDER, SHALL BE SUBJECT TO A PENALTY OF 25 PERCENT OF THE LICENSE DETERMINED TO BE DUE, IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW OR ORDINANCE"; RE- PEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF' IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION FEB 261976 Was introduced by Commissioner Plummet and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, .Jr. Vice Mayor Rose Gordon Mayor. Maurice A. Fevre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. 22, EXPEND FUNDS FOR RETIREMENT PLAN TRUST FUND CONFERENCE $480,00 FOR REGISTRATION AND ATTENDANCE AT PUBLIC EMPLOYEES Mayor Ferre: Let's take up item 27. Mr. Plummer: I would like to know what it is. Mr. Andrews: Item 27 is the one in which the funds were spent from the trust fund, and this is an after the fact approval to pay for that travel. Mr. Plummer: What travel? Mr. Andrews: I think it was travel. Let me check, to go to a convention that was approved by the Board. I have a further recommendation that after you adopt this after the fact, that the commission establish a policy directing both board not to autho ize any expenditure of funds until such time as they h ve beery approved by the City Commission. Mrs. Gordon: Would you read into the records who went and where. Mayor Ferre: The City Manager is hereby authorized and directed to instructed the proper city officials to pay the registration fees, $270.00 and $210.00, of Ron Silver Attorney for the Retirement Plan Board of Trustees''. for his attendance at the International Fundation of Employee Benefit Plans Conference,said overall amount of $480.00 to be paid from the City of Miami Employees' Retirement Plan Trust Fund. Mr. Plummer: Does your Board approve it? Mrs. Gordon: Yes, and the reason was it was educational from the standpoint of providing, ----it is necessary, it is not just an item that comes without clarification because it becomes mysterious. Mr. Andrews: Mrs. Gordon that was not really the concern. The concern was and I am recommending that this be accomplished but it comes after the expnditures has already been made. Mrs. Gordon: I believe the necessity arose from the standpoint there was no meeting in order for the commissioners to approve it prior to the time it was coming up, if I recall correctly. Otherwise, they don't habitually take actions that bypass the commission. So this is under unusual circumstances, Mr. Plummer: Was this when he was City Attorney or when ----- Mrs. Gordon: No, very recent. Mr. Plummer: I have no objections, I just want to know what it is for, 14 FEB 261976 The following resolution wns introduced by Commissioner Plummet, who moved its adoption: RESOLUTION NO. 76-215 A RESfLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIAL TO PAY THE REGISTRATION FEE FOR THE ATTENDANCE OF RON SILVER, ESQ., AT THE 1975 AND 1976 INTERNATIONAL FOUNDATION OP EMPLOYEE BENEFIT PLANS CONFERENCE IN THE OVERALL AMOUNT OF $480.00. (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 Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Rev. Gibson: Mr. Mayor I think out of fairness to the Manager, it should have been said to them, you ought to get your house in order, to be foreworned if to be forearmed. Mr. Plummer: Father I couldn't agree more with the Manager that this is a dangerous procedure to do it after the fact, that I take objection to the Manager's statement saying that the Boards do not have the right to expend money. Mr.Andrews: I didn't say that. I simply said that we should be careful about doing these things after the fact. We can set a precedent and a mode of operations that could get you in trouble. Mr. Plummer: I stand corrected. MARCH 20, 1976- ALLOW WITHOUTSE OF PAYMENTTSON PARK "EARTH DAY AND $1,300 EXPENDITURE PROVIDING CERTAIN CONDITIONS ARE MET Mayor Ferre: We will take up Item 28. Paul on Item 28, I want to make sure, remember that fellow who came here, he was going to get Buck Fuller down here, and Dr. Margaret Mead, some pretty heavy names. Mr. Andrews: Yes. Mayor Ferre: The commitment of our going along with all this, I don't mind waiving Watson Park and all that, but the commitment for us to spend any money was that he was going to get that kind of people down here. Let me tell you how Isee it. I am looking at it from a pragmatic point of view. If you get Dr. Margaret Mead and Buck ----Fuller and people like that down here. we might get some national publicity. That is how I can justify $1300. but if what we are going to have, with all due respects to my good environmental friends, a bunch of environmentalist gathering at Watson Park, and we are coming up with $1300. that is a different thing. That is not what was presented to us. I don't see that it is recorded here but I think part and parcel of our agreement when we voted on this was that he was going to deliver what he promised he was going to do. Mr. Andrews: I suggest that you wait until this afternoon so he can make a determination whether he has gotten those 'people or not. I think the way to do it is to pass it subject to that and leave it at your discretion, Mr. Plummer; I think the guy is a miracle than to get $1300. out of the county. FEB 261976 Mayor Ferre: Maybe he is going to deliver, and 1 am happy for him, He made !;ome commitments and pretty heavy promises and I remember asking hits whether he was dreaming or whether it was for real, He said it was for teal. The following resolution was introduced by Commissioner Plummer, who moved it, adoption: RESOLUTION NO. 76-216 A RESOLUTION ALLOWING THE USE OF WATSON PARK WITHOUT PAYMENT OF FEES ON MARCH 20, 1976 FOR AN EARTH DAY PROGRAM, DIRECTING THE CITY MANAGER TO LEND ADMINISTRATIVE ASSISTANCE TO THE FLORIDA EARTH SOCIETY IN CONNECTION WITH SAID PROGRAM, AND AUTHORIZING AND DIRECTING THE EXPENDITURE NOT TO EXCEED $1,300.00 OR ONE HALF THE COST OF THIS PROGRAM, WHICHEVER IS LOWER (THE OTHER HALF OF SAID COST TO BE BORNE BY METROPOLITAN DADE COUNTY), SUBJECT TO REPRESENTATIONS MADE TO THE COMMISSION PREVIOUSLY IN REGARD TO GUEST APPEARA:":;ES OF NATIONALLY KNOWN PERSONS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner. J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor. Maurice A. Ferre NOES: None. USE OF GULFSTREAM ROOM 2L. 4TH ANNUAL BOWLING TOURNAMENT OF THE AMERICAS BAYFRONT AUDITORIUM The following resolution was Introduced by Commissioner Plummer, who toyed its adoption: RESOLUTION NO. 76-217 A RESOLUTION WAIVING THE RENTAL FEE FOR USE OF THE BAYFRONT. AIJDITORIUM ON JULY 11, 13, 1976, IN CONNECTION WITH THE ACTIVITIES OF THE FOURTEENTH ANNUAL BOWLING TOURNAMENT OF THE AMERICAS (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 Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. USE OF BAYFRONT PARK AUDITORIUM l`;j, THIRD CENTURY- U.S.A. 4TH OF JULY iVATURALIZATION CEREMONY The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-218 A RESOLUTION WAIVING THE RENTAL FEE FOR THE USE OF BAYFRONT AUDITORIUM FOR FOURTH OF JULY NATURALIZATION CEREMONY, THIRD CENTURY USA, TO PAY ANY EXPENSES INVOLVED. 16 FEB 2 61976 (}{ere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner J. L. Plummet, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 26, INOCONNECCTIONTWITH T NATURALIING ZATIONICEREMOTO NIESEATABAYFRONG NTTER PARKCHARGES AUDITORIUM ON: JULY 4, 1976 The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-219 A MOTION OF INTENT TO REQUEST THE OFF-STREET PARKING DEPARTMENT TO WAIVE PARKING METER CHARGES IN CONNECTION WITH THE NATURALIZATION CEREMONIES TO BE HELD AT BAYFRONT PARK AUDITORIUM ON JULY 4, 1976 Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. GRANT F EE USE OF MARCH 6 AND APRIL 3- MARINE STADIUM GREATER MIAMI PHILHARMONIC SOCIETY The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-220 A RESOLUTION WAIVING RENTAL FEE FOR THE USE OF MARINE STADIUM FOR THE GREATER MIAMI PHILHARMONIC SOCIETY FOR CONCERTS TO BE PERFORMED ON MARCH 6, AND APRIL 3, THE GREATER MIAMI PHILHARMONIC SOCIETY TO PAY ANY EXPENSE INVOLVED (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 Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None, 17 FEB 261976 28, ACCEPT BID - DATA ENTRY PREPARATION 2 The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-221 A RESOLUTION ACCEPTING THE LOWEST BID AS RECEIVED FROM THE ICM INDUSTRIES INC. 4141 NO. MIRMI AVE., MIAMI, FLORIDA FOR FURNISHING DATA ENTRY PREPARATION AT A MAXIMUM COST OF $89,956.00 AN: THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO A CONTRACT WITH ICM INDUSTRIES (mere follows body of resolution, omitted here and on file in the Office of the City Clerk.) r.hcn 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 Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. ACCEPT BID - INFLATED RESCUE CUSHION LIFE PACK The following resoltion was introduced by Commissioner Plummer, who roved its adoption: RESOLUTION NO. 76-222 A RESOLUTION ACCEPTING THE BID FROM BISCAYNE FIRE EQUIPMENT CC. FOR FURNISHING THE FIRE DEPARTMENT WITH ONE INFLATED RESCUE CUSHION -LIFE PACK AT A TOTAL COST OF $6,975; ALLOCATING FUNDS FROM THE 1975-76 FEDERAL REVENUE SHARING FUNDS (Here follows body of resolution, omitted here and on file in: the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was pF►ssed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, . Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 30, ACCEPT BID - MODULAR RESCUE AMBULANCES Mr. Plummer: I meant to ask the Chief about this. Thia is awful expensive. Let me APO, one thing I grant to make sure, the City doesn't get in the ambulance business. Mr. Andrews: No, sir. Mr. Plummer: That is understood. Is this the same kind of vehicle that we are presently using as a rescue truck? Mr. Andrews: Principally it is the same and we are not extending the FEB261976 service to get mote into the medical area. Mr. Plummet: This is for tWo, with another one at a later date? The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-223 A RESOLUTION ACCEPTING THE BID OF CUSTOM AMBULANCES OF FLORIDA, RECEIVED ON JANUARY 5, 1976, FOR FURNISHING TWO (2) MODULAR RESCUE AMBULANCES, AT A TOTAL COST OF $54,614.560 AND THE OPTION TO PURCHASE ONE (1) ADDITIONAL MODULAR RESCUE AMBULANCE WITHIN NINETY DAYS FROM DATE OF THE AWARD AT NO INCREASE IN PRICE, PROVIDED THAT FUNDS ARE AVAILABLE, FOR THE DEPARTMENT OF FIRE, AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREF00. (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 Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 31. ACCEPT BID - INSTALLATION OF 12 SETS PLAYGROUND EQUIPMENT AT 8 CITY PARKS Mayor Ferre: Let's take up item 43. Mrs. Gordon:Mr. Andrews do you have list of where these are going to be placed. Are any in Coconut Grove in ? Mr. Andrews: I don't have the list with me Mrs. Gordon, I'll get it for you later. Mrs. Gordon: Will you get it for me later? The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION N0. 76-224 A RESOLUTION ACCEPTING THE BIDS OF HALLMARK CONSTRUCTION CO. AND C & W UNLIMITED, RECEIVED FEBRUARY 3, 1976, FOR THE INSTALLATION OF TWELVE (12) SETS OF CITY OWNED PLAYGROUND EQUIPMENT IN EIGHT (8) PARKS THROUGHOUT THE CITY, IN ACCORDANCE WITH THE SCHEDULE LISTED BELOW, FOR THE PARKS AND RECREATION DEPARTMENT, ALLOCATING FUNDS FROM THE PARKS FOR PEOPLE BOND PROGRAM; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR (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 Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A, Ferre NOES; None. 16 FEB 26197 32, ACCEPT BID - 20 GOLF CARTS Mr. Plummer: t thought these things were on conces6ione7 Mr. Andrews; No. Mr. Plummer: Why aren't they?• Mr. Crouch: They are city -owned and we make considerable more revenue for the City by owning them ourselves,at Mel Reese. At the Miami Springs it is on the concession with the golf pro there, and at the expiration of this contract we recommend that we get into the business. Mr. Andrews: It is a significant revenue to the City. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-225 A RESOLUTION ACCEPTING THE BID OF E-Z GO CAR DIVISION, RECEIVED JANUARY 13, 1976, FOR FURNISHING TWENTY GOLF CARTS TO BE USED AT THE MELREESE AND MIAMI SPRINGS GOLF COURSES, IN ACCORDANCE WITH THE SCHEDULE LISTED BELOW, FOR THE PARKS AND RECREATION DEPARTMENT, AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR (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 t'.e following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodora. Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 32-A: GOLF STARTERS -PART-TIME POSITIONS: Mrs. Gordon: With regard to the golf starters, I believe there is someone here that would like to speak to this item. Mr. Andrews: The matter was resolved yesterday.The golf starters will be converted to a part-time position. With a lengthy with members of the Civil Service Board, the gentleman was present representing starters. Mrs. Gordon: Everybody was in agreement. Mr. Andrews; They aren't in agreement but there wasn't any evidence that was presented to the me that should change the city's position in this matter. Mr. Charles Pfiefer: We were wondering whether the Commission with facts you have in the folder there, actually concur with the ideas presented by the City Manager or not. We feel that most of the facts presented by the Management, not specifically the City Manager, to bring about this proposal, have not been correct facts, and these are based basically on recommendations from Management and the savings of the city would get. Mayor Ferre: You are oposed to what the Manager has agreed to do? Mr. Pfiefer: Yes. Mayor Ferre; You don't think we ought to go to part-time starters. Mr. Pfiefer: No, sir, 20 FEB261976 Mayor Ferre: What is the Savings for the City? Mr. Andrews: $117,000.00 Mayor Ferre: What? Mr. Andrews: $117,000.00 will be the savings annually in the tanner in which we plan to operate. Mayor Ferre: And you say we are not going to save $117,000.00? Mr. Pfiefer: Right, sir. Mayor Ferre: Why don't you give us a brief reason why you don't think we are going to save $117,000.00 Mr. Andrews: --Mr. Mayor, please, ---and members of the Commission, if we are going into a discussion of this, I want Mr. Howard here and some of the other staff that is much involved in this and have the details. I can remember in round numbers the facts and I have the details in my office but if we are going to discuss this, -- Mayor Ferre: He is going to have to have a good argument, ---for to even, --- Mr. Plummer; If he is going to give something that we don't have particulars on, I can see the manager's position on it. Why can't we schedule this for the 4th without any implementation until that time. Mayor Ferre: I am pre -judging you, which is a bad thing to do. I don't think you can convince me. If I feel you are going to convince me, then I think we had better call Mr. Howard in this afternoon and have a full hearing on it. me. Mr. Andrews: Fine. Mayor Ferre: Why don't you take 3 or 4 minutes to see if you can convince Mrs. Gordon: Can you capsule what you are going to tell us so we will know whether to have a full blown hearing. Mr. Pfiefer: The City can save money, straight across the board from having part-time starters. Mayor. Ferre: Why? Mr. Pfiefer: Because you don't have to pay any benefits. Mr. Andrews: He is admitting we can save money. Mr. Pfiefer: You can save money straight across the board, but I feel the amount of money saved no where approaches $117,000. Mayor Ferre: How much do you think, ---- Mr. Pfiefer:--approximately $80,000.00. Mayor Ferre: You just talked me into it. Mr. Pfiefer: That is with a cut in services to the city that uses the golf course, that is not projected by the proposal. Mayor Ferre; We live in times when there are people hungry in the city. We have people asking for social services. I am talking about senior citizens and people that have tremendous needs. Mel Reese and I used to have this run- around all the time. I love golfers, but I want you to tell me how many of the 380,000 people that live in the City of Miami, not Coral Gables, are golfers, and how important is that in relationship to some of the drastic things we have Ls this community. If you told me it only saved 5 or 10 thousand dollars 1 would say look into Chia, but you are admitting that we are going to save $80,000. 21 FEB261976 Mt. Pfiefer: It could be as low as 15 or 20 thousand savings only to the city because of the loss of services, loss of people and lots of revenue. Mayor Ferre: You just said 80 now you are down to 20. Mr. Pfiefer: That's under the present structure of the golf courses AA it is, according to the facts presented in the folder if any of those items are brought into implementation. It could be no loss at all to the city. Mrs. Gordon: Could we hear it then. Could you bring in the people Mr. Andrews and hear it at greater length. I think there is reason if you have no strong objections. Mr. Andrews: Mr. Howard will be here this afternoon on other matters of fees and we can bring charts and data and everything. Mrs. Gordon: We will hear it out. 33, ACCEPT BID - PORTABLE DOCKS FOR MORNINGSIDE PARK The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-226 A RESOLUTION ACCEPTING THE BID OF INTERNATIONAL FIBERGLASS INDUSTRIES, RECEIVED JANUARY 26, 1976, FOR FURNISHING PORTABLE DOCKS FOR MORNINGSTDE PARK, IN THE AMOUNT OF $6,841.11, FOR THE PARKS AND RELAEATION DEPARTMENT, AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR (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 Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 34, ACCEPT BID - S, W, 8 STREET CHANNELIZATION The following resolution was introduced by Commissioner Plummer, who moved its adoption: (BEAUTIFICATION) RESOLUTION NO. 76-227 A RESOLUTION AWARDING THE BID OF HOLLAND PAVING CO. INC, IN THE AMOUNT OF $55,762.75 FOR THE S.W. 8TH STREET CHANNELI2ATION- (BEAUTIFICATION) PHASE II; ALLOCATING THE AMOUNT OF $55,762.75 FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS" TO COVER THE ESTIMATED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $5,576.25 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $1,115,00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, POSTAGE, ETC.; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM 22 FEB 2 6 1976 (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 Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 35, PUBLIC HEARING - TRAFFIC FLOW STUDY IN THE BAY HEIGHTS AREA Mayor Ferre: Let's take up item 10, public hearing and review and consider the results of the recent traffic flow study in the Bay Heights area in the City of Miami. We have Mr. Simms from Metropolitan Dade County here and I am going to recognize the Manager and let the administration make the presentation of what their conclusions are, and then I will listen to you and to Adele and anybody else who wants to be heard on this item. Mr. Plummer: May I ask where the report is? Mr. Andrews: I don't think there is a written report as such. This is a presentation of conditions and I might as well indicate to the City Commission that I will call upon Mr. Simms so he can describe to the City Commission the conditions as they exist, some of the problems inherent in what has been taking place and then the Commission can seek his advices from the traffic point of view as to how these conditions might be remedied. Mrs. Adele Kantor: Are you saying there was no written report on this study?Wasn't there a study done and a written report issued to you office? Mr. Andrews: I can't remember. Mr. Plummer: I think Adele what he is saying is that there was a report but it will be up graded today. Mr. Andrews: There was a letter written, if that is what you are referring to, on Novebmer 18, 1975. Is that what you are referring to? Mr. Stokes: I would like to address my comments to the Mayor but he seems to be busy. I will address them to the public in general. This is billed as a public hearing. I would like to know in the public has been notified that there was going to be a public hearing on this subject. The first we knew about it was when an article appeared in the Miami Daily News a couple of days ago that there was going to be some widening and action on Bayshore Drive. Mayor Ferre: It was an editorial. Mr. Stokes: It was an editorial and the first notice we had. The people who live on Bayshore Drive and interested not only in the traffic flow as it affects the Bay Heights area but also affects the Bayshore Drive area. So I would like at this time, if you would like to hear what Mr. Simms has that is fine but I would like to postpone or defer the public hearing part of this the fact that no one who is really involved has been personally notified. I receive normally, au agenda of the meetings. I have not received an agenda, and if I had, within the last one or two days, would be no time to'notify others there was to be a public hearing. So I don't think this is truly a public hearing. It might be the hearing of Mr. Simm's opinions and his findings and etc. but it is not a public hearing. So therefore I would like the public hearing part deferred. 23 FEB 26197& Mr. Andrews: Mr. Mayor and members of the Commission, there was a two --column display ad in the Miami Herald, which 1'll read. Mrs. Gordor: I didn't hear anything about widening of Bayshore in that, notice. Rev. Gibson: What date Mr. Andrews? Mr.. Andrews: Mr. Clerk, do you remember what date. Mr. Southern: About 10 days ago. Mayo: Ferret We publish these things in the classified section, ---- Mr. Southern: Mr. 1:.iyor this was a display ad in the local section of the paper, in the Herald, News and Darios los Americas and the Times. Mayor Fevre: WAS it in big print? Mr. :souther: Yes, two column and large print. Mr. Plummer: Mr. Mayor the problems is this and let me try to stay out ;a couch as I can. The problem is, if you read the ad, and the people who live in Natoma Manor, read this particular ad and are of the impression this morning that only that area affected in Bay Heights. Read the ad, you will see it says the traffic flow in Bay Heights. It does not address the Bay Heights area. It doesn't reflect what Mr.Stokes is saying about Bayshore Drive. It doesn't affect the Bayshore Drive and the people in Natoma Manors figure this is only going to pertain to Bay Heights. This has been voiced to me so I'll leave it at that. Mr. Stokes: One other word, Wednesday night we came to a Planning Advisory meeting and we sat for Lao hours while the owners of Fair Isle argued the fact that they had not been notified properly . Written notices were sent to the owner of record et that time, who was the Southeast First National Bank who 1-,torn was supposed to notify the owners and they had one day's notice and they said they could not defend themselves with that. Then the question of newspaper was brought up at which time, (well that doesn't count, nobody reads a newspaper, nobody sees a newspaper), --we were not notified . So I take the same stand here. It worked then. There was deferral based on the fact they were not notified properly-; because they didn't read the newspaper. Again I ask for deferral of this proposition. Mayor Ferre: I think we may have advertised this property, but you know this is a community which is super active, especially on items of this nature. The fact that this room isn't packed is to me an indication that obviously word didn't get out. We may be theoretically correct, and technically and legally correct. But practically speaking, if we go ahead on something like this, you are going to have 300 people storm City Hall this afternoon or tomorrow and we are going to have to go through it all over agan anyway. So from a practical point of view, let's warn everybody and lets go through this whole thing again so we don't have any backlash of people saying we tried to snooker something through. So Ithink we should defer this item. I think that since Mr. Simms is here, and some of you are here, let him make his report. I frankly don't know what he is going to say. Mrs. Adele Kantor: I think Mr. Mayor the problem arises here in the fact that this report the the D.O.T. did for the City is one of the best kept secrets. It took me 3 months to get a copy of that report. It took many phone calls to the Department of Transportation, and to Mr. Andrews' office and I finally had to write a letter to action line to get a copy of this report. Their report pertains to the entire area, They recommend widening Bayshore Drive, they recommend changes. in Natoma Manor and I agree, I think this report should be taken under advisement under a separate public hearing. Since the notice of the Bay Heights traffic flow area was advertised, and the Bay Heights Homeowners Association did another poll of the people that live in Bay Heights, if we could address ourselves to the notice of the public hearing and concern ourselves strictly with the traffic flow in Bay Heights, which concerns one no -right -turn sign, and does not affect the traffic flow of the other neighborhood. If we might just take up this one particular area, and call a public hearing to 24 FEB 261976 discuss the plans that will concern the Bayshore Homeowners and the Natoma Mattott homeowners, I would be very happy, Mayor Ferret Adele the problem is this. Once you begin what is sauce for the goose is sauce for the gander and the I don't know, --is this going to be a controversial item she Mr. Plummer; What she is talking about, only Mr. Mayor the only thing as I understand it, there because I see some people shaking their head, they Heights to one item, and that is the no right turn really all they are talking about. Mrs. Kantor: We polled our residents a second people the following questions. Mayor Ferre: If you will sit down, ---- making exceptions, probletn is, that is talking about? with the Miami Daily News. might be some controversy are only speaking in Bay on Semana Drive. That is time and we asked the Mrs. Kantor: I'll be happy to let them speak, and I'll speak, and address ourselves to this just one sign, as it affects Bay Heights. Mayor Ferre: Let's hear Mr. Simms, and then after that we will decide here whether we are going to hear this thing and whether we are going to vote on it or not. Unidentified person; I would like to say, I live in Bay Heights and I disagree that it is not controversial. I think we ought to realize that we are part of the Greater Community and not just a little island unto to ourself. Mayor Ferre: I understand but we are not talking about that now and we will come back to that later on. How do you want to handle this Mr. Andrews? Mr. Andrews: Let me talk to Mr. Simms for a minute.What I am going to try to avoid at this po_nt in time is for the Commission to have gathered all this information and maybe it would be wise to have that information if you are going to reschedule this. Mayor Ferre: It you expect this commission to make a decision, we are entitled to --- Mr. Andrews: If you are going to take a position on this thing today that is one thing. If you are going to call on Mr. Simms to give you information and have another meeting, then that should be announced now, and that would he a different approach. Mayor Ferre:I think we are going to announce it now, but since Mr. Simms has been waiting here for an hour and a half, I am getting curious as to what exactly he has, so let's hear and let some neighbors hear, and we may have to repeat this Mr. Simms. Mr. Gene Simms, Dept. of Transportation, Metropolitan Dade County: Good morning Mr. Mayor and ladies and gentlemen, thank you for having me. It is a little interesting just which report you had in mind, so anticipating the we brought them a11. We start in 1974, in October 1974, a letter in November, I think Mr. Manager that is what has become thought of by some as the report . We have not been handing this out as we consider it your letter, and again in January 1975, and then we have summarized all this with this today. We are prepared to supply you will all of these reports as a package, and other interesting people within the limitations of what we were able to carry in here today. My colleague, your public works director Mr. Grimm has prepared a couple of charts which show the area and the controls and summarizes the recommendations. We have a set of drawings which show quite precisely what it is we are talking about on Bayshore.It is widening, but it is quite limited and it doesn't involve making of Bayshore what it is to the north or east or to the south and west. It is the wedge of blue you see on this drawing primarily and a little bit on the other. What I would like to do if I may, just take a few minutes and provide to each of you and others if they wish, the summary of all this information. I am not unaware of the feelings and sentiments and the oommittments but may I summarize and then make this distribution. Perhaps you would want a few minutes to go through this. What we have been attempting to do, in response PC FEB 26197q not only to this board, both individually and collectively, and a number of people, is, it is our philosophy that arterial travel should not impact neighborhoods. There is very few things we want to attempt to do to preclude that. As you know, in this area we have tried virtually everything that has been suggested to us. It has uniformly failed. We think for a rather logical reason, essentially it doesn't work. It doesn't accomplish the job. We have at this point, we are com- pelling through these unworkable unreasonable restrictions, approaching 200 people, to commit violations every afternoon. That is out of 1100 people struggling through there. So we have been sizing this problem we think every way we can. We have this modest proposal which is not going to make a big 4 barrel operation out of Bayshore. I think we share this view with you but we do speak to you for the some 18 vehicles which represents well over 20 thousand persons using Bayshore daily for whatever their reason, they use them, more specifically the 110 that are confronted with the very severe congestion every work day of their lives, to the point where they commit violationbeyond the normal rate for people like this, ie areas like that. So we respectfully request that you examine this as you have before and give us the benefit of your reaction. We will welcome the opportunity to work with anyone in the community. We know many of them personally and they know us quite well, and in some places we are quite welcome, not all places. Mrs. (;crdon: I want to ask you a technical question. If you widen the street and make it move traffic better, isn't that going to encourage more traftie to flew better and faster, so finally you have the same conditions you started with. The only think that discourages people from using a street lake South Bayshore in my opinion, is let the traffic pile up like it does, so they will find another way to get home. Those are the commuters, they are not the people who live there. They are the people using it to go through, to some- where else. I don't see how you are ever going to solve that problem until you have some solution on U.S. 1 which is more practical than the one being used today. Mr. Simms: In reverse order? Mrs. Gordon: I don't want to speak to that, we are not on that subject. I am saying your solution for S. B_lynhore Drive is not in widening it, it is going to make the problem woree for S. Bayshore Drive if you widen it. Mr. Simms: I would like to respond to that because I think,is as much of the basis of the concern of people who have taken the trouble to either call us or visit us or have us out and visit with them. You are correct. The long range answer to this corridor to the south of Downtown Miami, lies in improv- ing roadway transit facilities. The transport package through the corridor must be improved. There are things moving in this direction, just what along U.S. 1 ins not identified. But clearly it must be better than what we are accomplishing there. Most of what we have done has been modest but improvements, and there are Rome modest improvements to come. In so far as the problem on Bayshore, we recognize what you are saying which I have just agreed with as being valid and must be a part of our reasoning process. All we are trying to do is accomodate more efficiently which means safer, with less individual aggravation in the kind of problems that go with that, which are primarily accidents. When you create a level of violations like we have here, you encourage accidents, the people that are there now, and finally, ---no I don't think I can concur 1002 with you, if we pull this piece of poor service off Bayshore that we will be generating additional travel on it, for two reasons. Firstly the route constraint to this part of Bayshore, this part of an arterial, is more pronounced from an arterial strength standpoint through the Coconut Grove area. We can't overpower that you see on the improved portion of Bayshore through here. You have an access capacity to some degree that could generate ruore travel than you can get through Coconut Grove, however it doesn't. You don't find that this roadway portion here, the north end, loads up to its optimum capability, it just doesn't. I think we have discovered that the thing that generates traffic is the thing that generates babies, its people. I think you will that to be pretty much the case here. Just the fact you have relieved a point of congestion for some 1100 people, 250 odd days a year, I don't think is going to go out and generate a lot of travel. So I am agreeing in reverse order, long range solution lies elsewhere, I am addressing only the problem that is today for on the average of 1100 vehicles every afternoon and I am speaking for them. Mrs. Gordon; I am one of them, and I don't mind it. It takes me a half hour to get to my house, I live on Bayshore. But I don't mind it, because I 26 FEB 2 61976 Any maybe n few Hundred of these people get discouraged tomorrow and take another route. T can't take another route. Mr. Simms: l'or approaching two years now, we haven't chased anybody away. As a matter of fact, a few people are still coming. Mrs. Gordon: If you make it wider there will be more cats than 1100, there will be 2200. Mr. Simms: With all due respects, Ma'am, all of our research and all of our studies do not seem to support that. Mr. Plummer: Gene, let me make one point that you are seeming to overlook, and I am sure it is unintentional. 1 have been accused that this is all Plummer's plan because Plumeer lives nearby. They fail to remember that Mr. Reboso lives nearby, Rose liver nearby, and the Mayor lives nearby, but it is Plummer's plant, so be it. Fine. The one thing that hasn't been addressed here, and I will tell you from knowing that lives there, and the thing that never seems to be brought up, Gene, is that this problem really wasn't anywhere near at a crisis portion until the Blue Dash. When the Blue Dash went into effect, and you cut off left turns, you almost made it impossible to get across Dixie Highway with the Blue Dash. Not you, the Blue Dash, John Dwyer can take credit for that. Mr. Simm: I am afraid I did the operations. Mr. Plummer: Okay then you take credit. Mr. Simm: You are right on course. Mr. Plummer: What I am saying to you is, that you in fact, not intentionally, but force people to use S. Bayshore Drive because they could not get across Dixie, and Gene that is when our traffic jumped from 3 or 4 hundred cars a day which I am told by your department is a normal residential neighborhood, and by your own count, jumped, the intersection of Tigertail and Halisee jumped to 2997 cars, 3 short of 3,000. and that is where I think, speaking for one, where a great deal of the problem lies, that people cannot get south of Dixie coming from towntown, they are forced to use Bayshore, so they can make a right turn off of Bsyshore. You look at the day that Blue Dash was instituted and you will find that our traffic in our neighborhood just skyrocketed. Mrs. Gordon: You know Mr. Plummer is absolutely right, and I am going to tell you why I know he is absolutely right, because I used to travel on U.S.1 to 17th Avenue and turn left to home, I don't do that anymore. I get off at 25th Road so I can get on Miami Avenue, and I wait for my half hour to get home from that point, but I have to do that because there is no other way that I can get south at the 17th Avenue intersection. It is a matter of u-turning and everything else otherwise. I agree with him 100%. It is the Blue Dash that has caused our problem in the entire area. Rev. Gibson: We have a park Mr. Mayor, nobody is telling you this. We have park that we have expended thousands of dollars for there on Hibiscus and Day Avenue and here you are in a residential area, all residential, not even a single business and all that traffic turns in there so as to accomodate that, ------ Mrs. Kantor: Members of the Commission, may I tell you how Mr. Simms proposed to help us with our problems on South Bayshore Drive? Just last week he sent a proposal to the Metro Commission asking for 8 lanes coming off I-95 on to Bayshore Drive-Brickell Ave. intersection. That is how he is helping us with this traffic. Mayor Ferre; Everybody has an opinion and I'll tell you mine. I feel differently from Rose and Plummer, but I conclude the same thing. Mr. Simms I get to the same place but I take a different road. Mr, Simms I want to express to you my opinion. You are doing your Job, your job is to worry about the traffic flow of the community, all of the community. You don't have jurisdictional limitations as far as Dade County is concerned. You are worried about everybody in Dade County. We are worried about the people in Miami. That is our job. That is one of the reasons why the City of Miami exists, and this is one of the strong arguments why the people in the neighborhood 27 FEB 26137E whenever they hnve the opportunity to vote, for consolidation, in my opinion have voted ;igai.nat consolidation. Because the two --tier form of government, (exc.tase the lesson in philosophy of government) functions because the lower form of government, which i.e us, i9 really a conglotneration of neighborhoods that we represent. You take the overall view, but I take the City of Miami view, because I am not concerned how my father, who lives in Gables Estates gets to his home. That is his problem. I am not elected to do that. I am elected to worry about Allapattah, Little River and Little Havana and Coconut Grove. If you were to show me, I would like very much to put a barricade on Main Highway ovet there at Douglas so there would be no through traffic at all. Put a wall all the way around there so that people going down mouth of the City boundaries would not go through Coconut Grove in any way. If we could do that, then I would differ from Rose and Plummer. I would like to take the beautiful road we have done, in my opinion anyway, from McFarlane over to Monty Trainers which I think is one of the nicest roads in Miami, I would like to extend that all the way to Mercy Hospital, but there is no way you can guarantee that that is going to be for the benefit of the local community, because there is no way you can put a barricade or barrier so that Coconut Grove, Bayshore Drive and Main Highway are not used as arterial streets of people going through on an arterial basis, so unless and until you can show me that can be done, and I don't think it can, there is not way you ran cut that down, I am not for any widening because what happens basically is, that that is an incentive for people, --myself when I go to visit my father down in Gables Estates. I think it is quicker, and it really takes about the same time, butit is a nicer ride and I prefer going through the Grove. And my father goes through the Grove, he doesn't go down U.S. 1 and then down to Douglas or Red Road,he goes right through the Grove, and he is on his way home. That is where I am coming from, and if there is any way you can figure to put a moat or a draw bridge or a wall or something or a toll road, so people would not, --•-yes, I would consider a toll there, to stop people, but here is where you are going to get into trouble. Suppose I live in Coconut Grove, and I want to go shopping in South Miami, now you are going to disenfranchise people from the ability to be able to use the road system of Dade County. You can't do it, there is no way you can cut off traffic on a through basis. That is what the cruz of the problem is. Mr. Sims: With all due respect, I would like to respond a little bit, and I don't honestly feel that I am defending anything, but a number of people are aware that we have worked pretty energetically with people in the Grove examining that very thing. Is there a way to bypass the Grove? I am aware or I have been made aware, I should say, that there are genuine mixed feelings about that in the Grove, the people who live and do business and are in enterprise in the Grove haven't made any clear indications that we can respond to about the very notion we are talking about. vz. FEB 261976 Mr. Gene Simins: ..,and then ftoni a physical and cost standpoint, we haven't found a successful way to do that bypass yet, Again, 1. would just like to say that all I'm really talking about is tot making a big, full-blown arterial out of this part of Bayshote, As you're not going to improve the capacity through Coconut Grove and r will stand with you any day that anybody wants to at the central intersection and establish with you the upper limit of the vehicles that can go through there and that's your capacity Constrained and you can see it out oft the Bayshore that you have and again, I'M not defending it, I'm just trying to speak to you for the 1100 people that get me aggravated 250 odd evenings a year. Commissioner nutter, it is on the order of 200 vehicles in a two hour period increase prior to blue dash, after blue dash. I submit, sir, that it was just extremely aggravating for those people before during the same 1100 hour period that I'm talking about now. It was on the order of •900 which is approaching about 40 or 50% more than the capacity that's there... Mayor Ferre: I just want to say two sentences. Gene, technically, you are right. I can see the logic of the technical thing that you're saying but tiie problem is that the problem goes beyond the technical traffic count of being 40% over what that road can hold. There's a psychological aspect to all of this of the people of the neighborhood who feel that they are being imposed on and they want to take their neighborhoods in the very same...this is identical to the same types of problems that we face at every Commission Meeting when commercial areas want additional parking or they want this or they want that and the people that live behind the commercial areas are homes and they don't want thru-streets and they don't want additional parking and they don't want anymore commerce. See, it's the same conflict. Mr. Simms: I understand. Mr. Plummer: Can I establish something that I was going to ask before Gene? Did I understand you correctly that the neighborhood streets are carrying 50% more capacity than what they were designed for even before the blue dash? Mr. Simms: No, what I was referring to was the travel on Bayshore is a couple hundred vehicles more after than before supporting what you were saying but bringing the number down a little. Mr. Plummer: Gene, let me ask the first question. What is a normal residential area street's capacity? Mr. Simms: Out of Bay Heights, Natoma, Mr. Plummer: Mr. Simms: Mr. Plummer: Mr. Simms: Mr. Plummer: two lanes-. A normal residential neighborhood, R-1 home zoned. You mean capacity or how much volume do you find on it? No, normally, what is it. Is it 200 care a day, 300? Now you're speaking about volume, not capacity. Okay, volume. Mr. Simms: It would go something like this. Let's say in a several block area, take an alignment through Bay Heights and multiply the number of homes by about 7 trips per day, that's what the typical home generates; that's to and from work, to and from school, the bread man, the repair man and so forth. Seven or eight trips per day would be... Mr. Plummer: So what we're talking about in this particular area would be about 500 cars a day for a normal. Mr. Simms: Well if you ran a route through Bay Heights, let's say the cement and so on... Mr. Plummer: 500 cars? 29 FEB 261978 Mr. i mrr<<; : How many homes .. . Mr. Plummer: 600 cats? Mr, Simms: Well I'm relating it to homes if somebody will guess 200 homes; 1500 cats would be what you would find on a typical day. Mr. Plummer: Alright. Now, can we also establish that your County Meter, according to your records, was three cars short of 3,000 a day? Is that correct? Mr. Simms: As I recall, yes. Mr. Plummer: Okay, so what we're really, in fact, saying is'that these streets are carrying double than what they're supposed to. Mr. Simms: I'm not absolutely certain of that but I agree with you that you have, in Bay Heights and these areas, an imposed arterial pattern, Mr. Plummer: Thank you, that's all. Mr. Simms: My whole point is, if we can do something not like we have been doing, perhaps we can diminish that. I'm saying we haven't forced anybody to change their habit, perhaps we can attract them with a little improvement. Mrs. Gordon: Can I ask a question? Has there ever been a survey made by your Department as to how many of the 1100 cars you described have destinations within the Grove? Mr. Simms: No, mam. Mrs. Gordon: Why not? Mayor Ferre: Let me put it to you this way, Gene. If you could show this Commission that out of those 1100, 1000 were going to the Grove, which I highly douh;., then I think you've got a different situation here but... Mrs. Gordon: And where they're going. Like they're going where there's another way of getting,there or is this the only way they can get there. Those are important facts because I know your department has to move traffic but arterials are like US-1 to move traffic. South Bayshore is a neighborhood type of arterial, really, that's all it is because 4'` there's no... Mr. Simms: 1 respectfully beg to differ with you. It is indeed an arterial in this vast urban area. Mrs. Gordon: It is? Well where does it end up after it gets out into the village area? How do you get them out? 0n the two lane amain highway? Mr. Simms: As a route, that thing ends up all the way into South Dade. Mrs. Gordon: Yes, but on the two lane main highway, right, which you can't widen because you've been prohibited from doing that. How can you say it is a true arterial when it is not; it's a "bottle" and it's going into a narrow neck and that doesn't add up to an arterial in my book. Mr. Simms: Well an arterial, it's a function if it serves the kind of trip that is arterial in nature, it's an arterial. It's a functional classification, it's not a physical. We have a number of four lane divided roadways that are not arterial, they're merely access to a new development or an industrial part, they're not arterial, they're I think I understand what you mean. It's a very limited arterial at that. Rev, Gibson: Mr. Simms, let me ask a question. I've been in the Grove for 30 years, that might tell my age. Most of the people who 30 FEB 261976 live in the Grove. up until recently, have not been cotttplaining about getting in and out of the Grove, Mt. Simms: im of tnid they have to tne, Rev. Gibson: I'm talking about people who live in the Grove, Mrs. Gordon: That's right, Mr, Simms: 1 am too. Rev. Gibson: You see what L'm trying to get to.., Mr, Simms: Well I'm not saying that the people in the Grove are asking us to do something to Bayshore. Rev. Gibson: Ah, that's just what I'm trying to make, Mr. Simms: Well I'm sure it is but I still beseech you to think about the people who are using it. Rev. Gibson: Okay, I'm following your line about arterial, you know. Let's go on. The interesting thing is in the 30 years I've been here, by large, the people who live in the Grove have not complained. Within the last two years, the people in the Grove had to complain and you know why they had to complain --because in order for the people in the South end to get where they want to go, because there's so many of them, they had to come through the Grove and the Grove people are being literally prohibited, inhibited from getting into the Grove. It would be very interesting, after that survey is made, to find out what has happened or what is happening and you. know what you'll discover --that half of those people don't live nowhere around. Mr. Plummer: How about 8O%? Rev. Gibson: Okay, I wanted to be generous; half. Adelle Kantor: I want to also say that if you do that kind of a suryey that it be quite detailed that the addresses, the names of the indi- viduals who have been interviewed at that time, be noted. I don't think that anything else would be effectively convincing to the majority of the people including me. Mr. Simms: Let me quickly respond to that as what you've just asked is literally impossible. We can, however, get a statistically quite reliable view on what we're talking about. As a rule, it's a sampling process but it can be pretty well supported but it would be literally impossible to stop each person and ask them that sort of thing. Now probably what we can do is some sampling and interviewing and some license plate work. Now before I do it, I'll talk with you about it so that you see that...I'm assuming that you people know that we aren't devious; we're a little nieve about alot of things but we want to do the very best kind of job for you we can because we happen to be the only traffic engineers you've got. Mayor Ferre: I want to say here on the record that sometimes statements fly back and forth. I, for one, have nothing but the highest regard for your professional ability, your integrity and that of your Depart- ment; I think you fellas do a terrific job and I have no...I disagree with you sometime but that's something else. Mr. Plummer: Well I think, Mr. Mayor, the thing that has to be said that T, for one, fully am aware that Gene Simms has the right to do what he thinks is right for all of the community, I appreciate, Gene, that you have taken the time to come down here, which you don't have to do, to work with us, the Commission and us, the people and I fully want you to know that I appreciate you doing that rather than Gene Simms, within his authority, to go and do what he wants to do and I appreciate that, Ms. Kantor: I'm trying to interrupt Mr. Simms;here'because I have a suggestion; I wanted to call his office one day. I know be's boen responsible for putting up new traffic lights at the intersections and 31 FEB 2 61970 I hope that this will help solve our problems because one day I turned" out on 17th Avenue and I went all the way to Granada Blvd, and Dixie Highway without incurring a single red light. It took ffie 5 Minutes travelling between 30 and 40 miles per hour and t wanted to call his office and say "hurray, you finally did it" but the next day, the lights were all confused again. Now it happened tb fie about three times so r know they're working on the matter and t hope that when all the lights get in and get syncronized, the problem on Sbuth 'Dixie Highway will be solved and that's why I've been jumping up to try td say something,. Mrs. Gordon: Another observation and a very quick one is that unless it's in the very early morning and in the late afternoon, you can shoot a cannonball up Bayshore almost any hour of the day which proves the commuter viewpoint. Mr. Simms: Throughout all of North America, for some 22 hours a day,' we have an unbelieveable excess in capacity in busses, roadways, taxi- cabs and so on. The name of the game is "Peakhour" and what do you do for the poor devil that's stuck in it. Mr. Mayor, may I summarize what 1 think are my instructions for today. We've provided you with the information developed to date. We recommended, we stopped trying to tinker with this thing and address ourselves to an improvement along Bayshore. You posed the question just who is this to benefit. Alright, please let me address ourselves to that and perhaps we can show you something interesting; we welcome that opportunity and we'll return. Mayor Ferre: We will then call for a public hearing properly advertised, properly noticed and everybody informed so that everybody will have the opportunity and I would imagine that in the late afternoon is better,`' is that right? Mr. Plummer: Yes, from 4 to 6. Mayor Ferre: Mr. Andrews, you're so notified and you'll call for a public hearing. UNIDENTIFIED SPEAKER: Mr. Mayor and Commissioners,I am a small part of your traffic. Vat I want is a 10 second lead way to the entrance of Immaculotta LaSalle and LaGrada. Have you ever been in line at 7:30 in the morning Ind trying to make a left hand turn to get into drool? Mrs. Gordon: Where are you talking about? UNIDENTIFIED SPEAKER: At the entrance of Immaculotta LaSalle High ScJpr<+1. We were very grateful you gave us traffic lights; now we need a 10 second lead way. At least once a month a child gets hurt. I have two daughters that were almost killed at that intersection because some- body was trying to get from one traffic light to the other light. I know it's something small... Mr. Plummer: Well let's get him to incorporate it... UNIDENTIFIED SPEAKER: That's what I'd like to see. Mr. Plummer: That can be done. Mr. Mayor, the request of Mr. Simms I think is one of reasonable...Mr. Simms, this young lady asked that if it is possible that when you return with your report and your study that you give consideration to some kind of ingress to Immaculotta LaSalle off of Bayshore; that's the Mercy Hospital high school area. That now when you come South on Bayshore to make a left into the school in the morning, it's almost impossible. UNIDENTIFIED SPEAKER: Yes because children, you know what they're doing now? I'm shaking because I have seen my children do it go on the red light to make the left. We had at least one traffic accident there a month. Mr. Plummer: .So he can incorporate that and address himself to that when he comes back. Ms. Kantor: And when will you have your next meeting? 32 FEB 2 61975 Mt. Plummer: Probably the 25th. Mayor Ferre: If you'll leave your naive with the Manager or with the Clerk, we will make sure that you are notified. Those of you that want to get special notice, if you would leave your name with the Clerk, we'll make sure that you're notified in writing ahead of titre,,. Ms. Kantor: Mr. Mayor, respectively, can we go on with the Public Hearing or just the Bay Heights one sigttt, it really doesn't effect,.. Mayor don't Ferre: Well let's see what the will of the Commission is, I see any reason why we can't. Ms. Kantor: People are here, we've taken a poll and I think we can resolve it fairly quickly, the people who do want it and the people who don't want it. Mayor Ferre: Adelle, my only concern is that some people have said that this has not been properly noticed... Ms. Kantor: They're talking about his plan to widen Bayshore Drive; the total plan. The Bay Heights thing was notified properly. Mayor Ferre: You see what you get into? Ms. Kantor: The Bay Heights Homeowners Association held a meeting on this and we took a vote at the meeting and then we sent around ballot and we asked the people on the ballot the following four questions: I'm satisfied with the traffic restrictions now in force in the Bay Heights area, I am not satisfied with the traffic restrictions and want all of them removed, I have no preferences either way, I offer the following suggestions to solve our traffic problems and to ask that they be seriously considered. We sent one to each home and we asked that they be signed and returned and then we had a Board meeting this past week to count the ballots and I can give them to you today so it has been discussed recently and it's not a secret. Mayor Ferre: In other words, the point, ladies, is this that everybody in the area was no..i.fied so there's no reason then why we can't have a public hearing. Mrs. Kantor, these ladies say that they were not notified. Were they notified? (INAUDIBLE) Mayor Ferre: You claim that you were not notified and you found out yesterday by telephone. Now what's your objection to hearing it at this time? (INAUDIBLE) Mayor Ferre: What you're saying, so I can repeat it for the record, is that only 40 ballots out of 188 were returned and therefore, you conclude from that that not sufficient publicity of notice was given on this item. Is that correct? Did I state your position right? Alright, what's the will of this Commission? Here's where we stand. Adelle Kantor, in representation of the Bay Heights Association says that everything was properly done, notified, given sufficient publicity and she wants to go ahead with that portion of the public hearing. The ladies in the back say that they did not know about this and they're only here because by phone they found out about it yesterday. Now, what they're saying is that only 40 of the 188 ballots that she sent out were returned and that that is not the majority of the people in the area and that they represent the other side who disagree with what Mrs. Kantor and her group want to do and therefore, what they're asking is that this thing be readvertised so that all 188 people will have the opportunity to express their opinion. Mrs. Gordon: Is it possible that we send the notice to those people and tell them about the meeting? Mayor Ferre: As I said .in the beginnigg, Adelle, addressing myself to the other problem, if there's a group of neighbors who feel that they 33 FEB 261970 es really were not properly notified, technically, they may have been notified by a newspaper ad. (INAUDIBLE) Mayor Ferret That's the way it bounced; that's the way it (INAUDIBLE) Mayor Ferre: Yes, but they say that they do care and you have a whole bunch of them back here so that's where we're at ttow What's the will of this Commission? Rev. Gibson: Mr+ Mayor, I heard what that lady said. You said, "every home got a notice"?. Mrs. Gordon: By whom? Who sent it to them? Rev. Gibson: By whom? (INAUDIBLE) Rev.' Gibson: No, if every home got a notice, how? Who sent it? (INAUDIBLE) Mrs. Gordon: That there would be a meeting today? (INAUDIBLE) Mrs. Gordon: You mean that the notice was that there would be a meeting today? (INAUDIBLE) Mrs. Gordon: Is that the notice? Well that's what we're addressing ourselves to, Adelle, whether or not the notice was that there would be a meeting today. I recognize the survey and that's one thing but not the same thing,. Ms. Kantor: Mr. Hayes was at a Bay Heights meeting and he said that this would be corning up in February so we sent around a Bay Heights news letter and we told the people...It was suggested that a questionaire be included in this issue of the news so that every resident could express an opinion regarding the traffic situation. You are urgently requested to complete, sign and return the ballot which appears below`" so that your opinion can be noted and expressed when the next public hearing takes place. The phone numbers of all the officers were given and the four choices were given plus a place for solutions. Not everybody can come to these public hearings; people work, people have children and in your beat elections, even when the Mayor rune for election, not everybody votes. A certain percentage of people, and I think you can go by statistics, if we would continue and we would add more people, I think the statistical portion would probably remain the same. Rev. Gibson: Mr. Mayor, I hate to do this, but I find it difficult to go on. Those people say that they have not been notified; if we had notified them, we, as a Commission meaning the "Staff", they would have a difficult time convincing me. I understand that maybe all of you don't go to the Bay Heights meeting, maybe that's the problem, but it seems to me that so that the Commission will not get into that kind of a bind, we need to say right now when we're going to have that meeting and my sisters, if you are not here at that time, you're in bad shape. Forgive me, as a Clergyman, I think they kind of didn't go to your meeting. Mayor Ferre; I have heard Father's opinion and Mrs. Kantor and the ladies here and I'll tell you how the Chair is going to rule on this. The Chair is going to rule on this and then if any of the members disagree they have a right to make a motion otherwise. This to the way we operate around here. The Chair is going to rule as followe, technically Mrs, Kantor is correct. There was a notice, the people didn't come here, let the buyer beware, but from a practical point of view for us to proceed at this point„ in ay opinion is just going to incur the wrath of a lot of people that the Manager hoe told me that we have had dozens of phone calls of people who said they wanted to be here but they ate working or they can't be here in the morning, could We put it off till the afternoon and that kind of thing. There is only one way to do this, and that is to have an evening meeting. That is the only way you ate going to have full participation of the neighborhood.We ate going to have to call a special evening meeting over this whole thing. When can Mr. Simms have his report because I think both of these things ought to be taken up at the same time. Mr.'Simms: I think something like this is probably going to take the best part of a month. Mayor Ferret How about the last meeting in March? Mt. Simms: That sounds reasonable. We haven't examined what we have to do . I think we can come through in that time. Mr. Plummer: As long as the special meeting is for the night of the 25th that is all right. Mayor Ferre: We will have to break and come back here. Rev. Gibson: Mr. Mayor I am going along with that provided those ladies back there hear what is being said because if they come back here and tell us they did not know, and were not notified, I am not going to be kindly disposed to that. Ladies, we are saying, Theodore Gibson is serving notice on you right now that the meeting is on the 25th day of March in the evening, 7 o'clock P.M. The buck stops right there. Mayor Ferre: We are going to publicly advertise this but it is your responsibility to tell you neighbors and that is it. Once okay, ---- Mr. Plummer; I hate to make an errand boy out of Mr. Simms, but I want to broach a subject. Mayor Ferre: Let's finish one thing at a time. Mr. Plummer: I am sorry, I thought that was the end. Mayor Ferre: Is there any other discussion on this item, as the Chair has rules. I'll accept a motion this item be deferred until March 25th. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 76-228 A MOTION PROVIDING FOR A PUBLIC HEARING TO BE HELD AT 7 P.M. ON MARCH 25, 1976 TO CONSIDER THE TRAFFIC FLOW IN THE GENERAL AREA OF BAY HEIGHTS AND NATOMA MANORS Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. ��.�. �.. - ..-- . .v• 35 FEB 261976 COUNTY DECADE OF REQUEST CITY GET A FAIR SHARE OF BENEFITS 36, PROGRESS BONDS FOR PAYMENT OF BONDS OR PERSUE IN COURT ETC, Mr. Plummer: ctr. Mayor I am not going to get into the argument. I think the argument is over. Mr. Simms, if this commission concurs with me, and I am sure they will, I am not sure a lot of time, but this one I am sure. I would like for you to take a message back home with you, of the concern of this commission out of the bonds for people, the 300 million, decade for progress bonds, when this commission inquired of the Metro Commission, what are the people of this city who are paying 27% of that bond issue, what are we getting for our people. The answer was three things which we disagree but even we will accept. A half million to re -do the Dade County Auditorium, a half -million dollars to re -do Vizcaya, and the third item was a half --million dollars to re -do Ricluzback.ar Causeway. Now I read in the paper the o'1er day that that third item, a half -million for Ricken- backer causeway has been turned down. I ani hopeful that you will go back and tell this Metro Commission and the powers that are, that even though we didn't like their answer, we sure hope that that half -million dollars will be diverted to some other city project, of necessity, that I don't want to see that half -million dollars going out of the city where 27% of that issue is being paid for by the citizenry of the City. Mayor Ferre: I think we have to get it a little stronger than that. Paul I want you to follow the process on this whole thing for a second. Now we are in the f' midst, we are just about to get into a law suit with Metro as you all know, on this fire department. We are going exclusively on that area. Now a lot of people don't realize, and they say why don't you sit down and talk. I want to repeat on the record and for the public, that this City Commission on 3 occasions had joint meetings with those members that showed up of the Metro Commission, on this very subject and that we were turned down, deferred, and I want to say that Ray Goode, who I have the highest regard for and great opinion of, recommended to the Metro Commission, that the additional salary increases in the fire department not passed on to the municipalities and that it be paid for in taxing districts, those that were going to receive the service, they should pay for their fire department. That was turned down and we had no choice following state law to go to court. Commissioner Beverly Phillips keeps on saying that it is shameful that we should go to court and waste taxpayer'd money one government suing another. Mr. Plummer: We agree. Mayor Ferre: Then she. comes around and recommends that the very simple solution is for the City of Miami to turn over its fire department over to Metro. That is her solution to it. That is the only way, she says, that we can save taxpayers money in the lawsuit. Now, of course, it has nothing to do with the fact that the people of Miami, in 1967 or 8 or whatever it was, already voted down insolidation of the Fire Department. That has nothing to do with it because the will of the people _ doesn't matter in this case and therefore, we are forced to continue this lawsuit. Now, I said all this in a preface . Metropolitan Dade County has passed a aeries of Bond Issues, Miami has passed a series of Bond Issues, now here's how we go about with our Bond Issues. Those that are general in nature, for example Parks, we actually specify and we've had neighborhood hearings and they've been identified and we've given a share to each one of the neighborhoods. Now Mr. Andrews, it looks to me like what's happened to the City of Miami and Metro on these Bond Issues is that we've been completely cast aside. We the people, I'm not talking about we the City, I don't want the money for the City of Miami, but the citizens of Dade County, some people seem to forget that Dade County is made up of people that live everywhere. Just because you happen to live in the City of Miami does not disenfranchise the people in the City of Miami from the benefits of being part of Dade County. Now, I think that you ought to document one more time and I'd like a motion on this to this effect that we should document exactly what it is that, in these Bond Issues, we, the people of the City of Miami are going to get out of our government in Metro and what we're going to pay and then I think we should very respectfully request that we get a fair share, that we get a fair proportion within reason, I don't think that we should get exactly 24%, Let me put it to you this way; we get 18 or 19%, that's within reason but I'm telling you right now that the people of Miami are getting less than 2 and 3% of the total of those Bond Issues and I think that the people of Miami who have turned over to Metro the Water & Sewer Authority without any cost to Metro - if we had had that kind of relationship in the past. Just follow me on this: Who paid for the Water & Sewer System FEB 261976 's+ that now Metro awing -the residents of Miami. The people of Miami have paid and built up an equity which today, when we turn it over, is worth $500,000,000.00. When we turned it over, we didn't get a cent for that so the people, for example, who live in Kendall or who live in the outside of the City liihits really had a gift of the savings of the people of Miami over a 30 year period. The sate thing is true of the Library. There was a Library tax, is that true, Mr. Andrews? Mr. Andrews: Yes. Mayor Ferre: Who paid for the Library Tax - the citizens of Miami. When we turn over our Library to Metro, did Metro pay us any money for the Library? We turned it over to Metro - we weren't compensated for it. Now the people of Miami, over 30 years, have built up a Library which they tax themselves and paid for it. Now the people who live in Kendall haven't paid a cent on that and yet they were the recipients of our . 0f course, that's never taken into consideration. Now the point that I'm trying. to make is that I think, I don't mind being ignored once but for us turning over all these assets that we keep on, that ve've turned traditionally to Metro and not being recognized and then Bond Issues are flowed in because the City of Miami happens to exist and.that bothers several Commissioners and several editorial writers, then the people of Miami are penalized and don't get their fair share of Bonds which you, the taxpayers, are going to end up paying for in•the next 20 years and that is immoral, it is illogical, it is bad government and I think the people of this community are fed up with that kind of stuff and it's high time that we just take this issue head-on and I mean it. We've got to got to go to the Supreme Court of. the United States, we are going to do it all the way till we get some justice established here because what is right, is right, and it is time we get on with this job. Rev. Gibson: Mr. Mayor I would like to ask Mr. Simms a question. Mr. Simms I think the plan is to widen Grand Avenue. Mayor Ferre: I think we need a motion on this. I would be happy to offer a motion that the Manager document this, once again it has been done, 2, that the Manager write a letter to the county Manager and ask for him to bring it up on his own before the Metro Commission, 3, that if no answer is forthcoming, that we request a joint hearing or meeting with the Metro Commission, and 4, if we don't get satisfaction we pursue this matter in court. Mrs. Gordon: Is th...t a motion Mr. Mayor? Mayor Ferre: I'll make it a motion. The matter of the fact, the citizens of Miami are not participating or getting any portion of the bond issues. Mr. Plummer: Would you add to that specifically the five hundred thousand to Rickenbacker? Mayor Ferre: Yes, Rickenbacker and other things, it is a 600 million dollar bond issue. Mr. Plummer: Mr. Mayor if we don't address the Rickenbacker that money is going to be gone and diverted to some other place. Mrs. Gordon: Mr. Plummer are you seconding the motion? Mr. Plummer: I'll be glad to. The following motion was introduced by Mayor.Ferre, after surrendering_ the Chair to Vice -Mayor Gordon: The following motion was introduced by Mayor Ferre who moved its adoption: MOTION NO. 76-229 A MOTION REQUESTING THE CITY MANAGER TO ATTEMPT TO ASCERTAIN FROM METROPOLITAN DADE COUNTY A DETAILED ACCOUNT OF THE BENEFITS WHICH THE CITY OF MIAMI IS TO DERIVE FROM THE PROCEEDS OF THE COUNTY'S DECADE OF PROGRESS BONDS, AND TO REQUEST THAT THE CITY GET A FAIR SHARE OF THE BENEFITS IN PROPORTION TO THE AMOUNT OF COUNTY TAXES WHICH ARE PAID BY CITY OF MIAMI TAXPAYERS; AND FAILING IN THAT, TO REQUEST A JOINT MEETING WITH THE COUNTY COMMISSION AND THE CITY COMMISSION, AND FAILING IN THAT, THAT THE C1TY.ATTORNEY PURSUE THE MATTER IN THE COURTS 37 FEB 261976 Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Hanolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Mayor Ferre: In voting I want to say one last thing; I served in the Legislature in Tallahassee, and I remember all of the administrators and people in those days, from Porter Homer on down, and taking that trip up to Tallahassee and the cry all the time was, we want our fair share. We don't want any more but we don't want any less, and the people of Dade County are being manipulated by the State and we don't get rnr fair share, and every single week John Pennekamp, and everybody else was writing articles editorials as to how this community gets shafter by Tallahassee and how we don't get our fair share and all I am saying is, what we want from Metro is the very same thing that Metro wants from Tallahassee and that is justice. 37, DISCUSSION OF WIDENING OF GRAND AVENUE REv. Gibson: Now, Mr. Simms, no better time to ask you than now, some time ago, in this bond issue, it was indicated that you were going to widen Grand Avenue from Douglas to No. 1 highway. Mr. Simms: Yes, sir, --- Rev. Gibson: I know you will do it, but let me make you aware of something. We, HUD, (I am wearing the H.U.D. hat now), to let you know that I know they are building houses on NO. 1 Highway and Douglas. Okay? I am going to wear my hat as a citizen of Coconut Grove for 30 years. I would appear to me, that if you are going to widen that street, the time to widen it is now. You know why? Some of those people are going to have to move. If you have that housing going on NO. 1 and Douglas, it would be very sensable, economical, cause less friction, less criticism on the part of government, I mean city and county, to widen the street now, and since the people have to move or give up where they are living, maybe they could find some housing over there. HUD would then have an obligation and responsibility, but if you wait until they have used up all the housing, then widen the street, you are going to be in for a lot of problems. When I say you I mean government. The thing to do is widen it now, not tomorrow, because the houses are going up now, and if you serve notice on Mel Adams a the Agency, that this is going, one thing that disturbs me is, the right hand doesn't know what the left is doing. I am sure people are surprised that I know there is a right hand and a left hand, But I do know. And sir, I hope, I don't know about the other members of the commission, how do you do it, would you write me a letter, or all of us a letter and address the letter to me since I raised the question? Is that the way you do it? Mr. Simm: Whatever you wish, I'll write to you. REv. Gibson: If I tell you how to do it I may get into trouble. I want you to tell me what you are going to do. Mr. Simm: I'll write to you sir. Rev. Gibson: Thank you. Mr. Simms: ----through my boss, your City Manager,---- when I am in this room, that is my boss. Rev, Gibson: How long will it take you to give us an answer, Mr. Simm: I have no idea, I assume I am speaking with HUD people, and with public works people, and 1 think it would be one day next week. but I will do it just as fast as I can. 38 FEB 2 61976 REv. Gibson: Let me do it this way. I don't see too well, can t hope that by the 8th of March, I want to give you plenty of time. APPEAL OF POLICE SERGEANTS PROMOTIONAL MATTER INSTRUCT CITY ATTORNEY TO FILE A VOLUNTARY DISMISSAL ACTION Mrs. Gordon: This is the item that came up at our last commission meeting, that Mr. Plummer moved that the appeal be dropped and he did not receive any support on that matter. Therefore the normal course of action was that the attorney would proceed with an appeal. Well since that times I have been able to hear from different people that we may have made a mistake in not taking some action at that time to stop that appeal, and I ask for this to come back again for further discussion from the attorney and also from any persons that could furnish this commission with additional information and that is where we are right now. Mr. Plummer: Let me add to that, even though I made a motion before and did not get support I would be more than willing to offer the same motion again. Let me say there are two things, one in particular that was not brought out before, and that is what these men were asking, Mr. Andrews you had agreed to. Mr. Andrews: Only if it was legal. Mr. Plummer: You had said if was legal you would adopt it. Is that correct? Mr. Andrews: That is right, so the record is clear. Mr. Lloyd would approve this legally, and I recognize the ramifications, Mr. Plummer: Point NO. 2, this whole appeal is not on the merits of the case. The appeal is to a technicality and I didn't make the statement before but I am going t'- make now, that if Mr. Lloyd feels that his case in the ].ewer court was a good case, which he won, I don't see where that case would affected by this at all. A1.1 we are arguing in tearing up a department in the City over, is a technicality, a.:d I don't see any reason to continue on technicalities. I think we have too many major things. REv. Gibson:Mr. Manager, I want to make this comment, I want to make sure everybody understands, I said it before and I am going to say it again. I have no objection to what you are trying to do. What disturbs me is, a layman come up here last time, the layman was giving us an opinion, over against the legal advice by the r'ity Attorney. I asked for the lawyer, the lawer wasiit here. Is your lawyer here now? Mr. Plummer: He sure is. Rev. Gibson: Now, you two legal -beavers, ---and I happen to respect Mr. Lloyd's opinion, I can't have a layman come here and say well I think you cught to drop, --that is morally wrong. You don't need the legal staff at that point. If you have your lawyer, let your lawyer get up there, ---Mr. Lloyd is a lawyer and you are a lawyer, and I don't think you ought to let a laymen come up here and tell us what we ought to do or the procedure we ought to follow, then you have legal counsel. Let the lawyer argue, the City Attorney says it is to our advantage to go and appeal. Mr. Davis, let me make sure you understand. You and I are friends, but let me tell you, brother, I don't want you to think I am impolite. I want to hear the lawyer. Mr. Otis Davis: That is what I am going to address myself to. I want to address myself to you to tell you that the lawyer is not here, He could not get here but we do have an attorney here in my behalf, who will speak in my behalf, who is a lawyer and able to speak, but after he talks I would like to make some comments. Mr. Plummer: Irv. Whitman would take great exception to the fact that he is not the lawyer and he is here, Mr, Davis: I am sorry, he told me had to go to court, 39 FEB 261976 Mr. Irv. Whitman: i received notice yesterday by telephone that this would ht nn thy• Agenda today. Let me say thi ;, the current status of this appeal is before the `supreme Court, taken by the City of Miami, the problem resolve:; itself into the Issue, you see at the final heating before the lower court, the trial court, Judge Ernest, prior to the final hearing there was a pre-trial order entered by the trial court which said in effect that in the event the only two issues before the court, at the trial, was that if the men who were suing, police officers were able to show that there was grand -fathered positions, and that they were available to be filled, the court would fill them, That was all that was before the court. WE brought our proof in pursuant to that pretrial order. The court threw the case out other grounds, on a technicality that was not covered by the pre-trial order. We took an appeal to the third district court of appeals, alleging that the trial court was in error, in bring in other issues that was not covered by the pre-trial order, that we were not prepared to go beyond the scope of that order, and the third district court of appeals agreed with us and agreed that the court was in error and sent it back to the lower court for trial oil all the issues so a determination could be made. Based on that reversal, the City of Miami has taken the appeal to the Supreme Court. Yes, it is just: on a technicality sir.. W. Plummer: What it in fact is, is an appeal of the appeal. Mr. Whitman: And the only thing that is going on in the Supreme Court now, is to determine whether the District Court of Appeals was in error in sending it hack for trial on all the issues. We of course have moved to dismiss that appeal saying that the Supreme Court does not have jurisdiction, and that is where we are now. That is the status of the whole situation. If I can answer anything specifically I will be happy to. Mrs. Gordon: That is some of the kind of information that came to my attention after, --I did not have that kind of information when the matter was on the agenda before or I might have seconded Mr. Plummer's motion at that time. Mr. Plummer: I think what we ought to follow through in fairness and ask Mr. McCreary if he has anything he wants to add. Mr. Davis: Mr. Plummer, let me add, Mr. Whitman have spoken about this cage. I have some interest in it. One, I want to correct you, because it is not an appeal of an appeal. It is really a peititon to the court, saying 'court, the 3rd District was wrong,' ---it is a very technical type of thing. The likelihood the Supreme Court is going to send it back, unless the 3rd district just departed from the essential requirements of the law.Clearly I assure you that every lawyer here will say that they did not. They said 'trial court you are wrong', go hack and re -try this case and limit it to the issues you said in the pre-trial order, basically is what they said. Now, the problem is, the human side of this is, right is right. Eleven men who have done everything that this city said they had to so, take the examination, pass the examination, be of good moral character, be a good fellow on the police department, do not get into trouble they have done that, and now they are being deprived. The thing that concerns me is, that we are really going to tear up the department. We have enough problems with the police department already. I,aw suits everywhere. And I am suggesting to the commission that what we ought to do, we have grand -fathered people before and we are not talking about men who do not qualify, we are talking about people who had passed the examination, the positions were there for them to take, the register ran out, it was not their fault. And 1 think this commission ought to be bold enough to say well, we owe it to them, and I think we certainly do. This may come as a surprise to you, and it should not. I am now arguing not for minorities, I am arguing because it is right that these men were policy• officers in this community, ought to be promoted, under the standards that were in effect at the time they took the examination, at the time the promotions were avilable. It is not more than right that we do it, and if we do not do it, we are getting back to the old kind of pre -coin thing. We are going to be depriving people, and I think that what we ought to do, is simply say, we have made a mistake, let's do what is right. I just heard the Mayor say a minute ago, that right is right; and that is right. Rev Gibson; Mr. Lloyd ----you see, there is always rhythm in my madness, You are a lawyer, he is a lawyer, you heard what he said Mr, Lloyd, we want to do what is right. You are legal counsel, you beard what the man said, Where 40 FEB 2 61976 are we now? Mr. Lloyd: Well, we ate on peition for certiorari to the Supretie Court like he said, petitioned by the City of Miami. Rev. Gibson: That is not what I am saying Mr. Lloyd. I atn saying that these then have contended. You are an attorney. Mr. Lloyd: We rendered a legal opinion to the City Manager some time ago that this was illegal for him to promote these people because the register had expired, Mr. Whitman: May I add something to that? The argument that Counsel has stated, was stated before this commisson some time. I did that, and I just reiterate what he said, that we brought before this commission on two occasions the exact argument that these men should be promoted. This commission, and if you look back at the re»ord, asked us to meet with the City Manager to determine whether the City Mananger would accept the proposal to promote them. We did meet with the City Manager, he did say he would promote us, with accordance of the City Attorney, But he did make that statement, and he affirms that today. We have been through this before, everyone in this room wants these men promoted, but the City Attorney says it cannot be done. We maintain it can be done, the lower court said it could be done, if we showed them proof, and then he deviated from that and the Appellate court sent for a trial on the issues. Mayor Ferre: We have been over this thing so many time, and repeating the same argument, over and over again, we all know what this is all about. We all know how we each feel. I have heard all this, there is nothing new here. Mr. Plummer: Mr. Mayor I make a motion we drop the appeal. Mr. Lloyd: This is not an appeal, it is a petition for certiorari. Your motion should instruct me to file a voluntary dismissal in the Supreme Court, voluntarially dismissing the petition for writ of certiorari. Rev. Gibson: Mr. Lloyd, I nm not a judge but I think I understand English and I think I have a relative degree of sense, what disturbs me is you have not, let me do it this way. You heard what that attorney said, he said the low court said these men were right. Mr. Lloyd: Well I disagree with that Father. Rev. Gibson: Mr. Mayor repeat what you said again sir. Mr. Lloyd: Obviously the lower court could not have said that because the decision was in favor of the City of Miami, this obviously could not have been so. Mr.Whitman: But not based on a pre-trial order. REv. Gibson: You all are not hearing, that is why I want all the attorneys here. What disturbs me is, ----my son lives by law, for a living, so I am not opposed to lawyers. I have a sense of right and wrong. That is the best law I know. Mr. Lloyd: Here is our problem Father, there is a disagreement over what was said. Your honors, if you pass this motion, I'll dismiss the petition for writ of certiorari, and the court will hear it again and it will be straightened out. 41 FEB 26197 /10 The following motion w;►a; Introduced by Commissioner P1nmmcr whip moved its ;idopt1on: MOTION NO, 76-230 A MOTION INSTRUCTING THE CITY ATTORNEY TO FILE A VOLUNTARY DISMISSAL tN THE SUPREME COURT OF THE UNITED STATES TO DISMISS THE PETITION FOR CERTIORARI IN THE LITIGATION STYLED MYERS VS, CITY OF MIAMI Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon May.;r Maurice A. Ferre NOES: None. APPEARANCE Y ICK O' F LDMAN 39, DEVELOPMENT OF "PICNIC ISLANDS" REP "WORLD DOLPHIN ASSOCIATION" Mayor Ferret We ate now on Item #12, a personal appearance of Rick 0' Veld- man- Proposal to restore and maintain Picnic Islands, limited to five minutes discussion. We're running late. --- most grateful if you could do it in five minutes. Mr. O'Feldman: Thank you very much. I dropped some of these proposals off at the various Commissioner's Office, Does anybody not have one? Anybody know about this? Bob Ingram here and myself and a few other people have re- searched this project for about a year now,going out to the various Islands that the City of Miami owns. It's hard to sum it up in five minutes, but we're going to show you a slide show of the Islands we're talking about and what we're asking the City for(the City Commission) is to help us find the money to restore and maintain the Islands. We understand you don't have the money to do it and we don't want your money. We have a foundation. We have the talent of a local (I should say native to this area), people who are really an author- ity on these islands. We're willing to go over there on a full time. We're trying to create a job fir ourself is really what it is. I mentioned the world's Dolphins foundation. I'd like to give a couple of minutes to Dr. Henry Truby, the president of the foundation, who is sitting back here and just a few minutes after we see the slide show. I say that there are 38,000 registered voters in the City of Miami and many of them use the Islands. Mr. Plummer: 104,000. Mr. O'Feldman: 104,000? Mr. Plummer: In the City of Miami. Mr. O'Feldman: Well, I got my figure from the outdoor club and that's maybe how many they have. Dade County maintains a vote on the Miami River, it's like a navy landing barge. We would like to purchase--- we'll purchase one and pay for it ourselves. If anybody in the press wants a copy of the prop- osal we have one. We're all i.ncidentially unemployed veterans and we're sort of approaching it from that--- We're trying to create a job as I said by buying this landing barge from the navy bringing it down here and going from Island to Island and generally cleaning up Biscayne Bay. And all we want from you is to set us in the right direction.We talked to the City people about it. I must say it's frustrating, it's like you can spend the rest of your life in this building going from room to room(go see so-and-so). Here's one of the islands right off shore here. (film) There are beautiful parks, much more beautiful than any of the parks here on land by far except for the litter. We proposed to build benches over there out of drift wood. I know that the City has put some there in the past and they were stolen, they were the wrong kind and they don't ---the ones that work in the parks in the garbage cans don't work on these islands. Here's one of the boats that anchor there. This is just a stones th rowfrom where we are right now. Mayor Ferre: Mr. O'Feldman: on the bottom. Yea, that's really shameful, look at all that junk out there. That's a sunken boat, there are many boats out there that are We can train navy divers and we can bring those boats back. Mayor Ferre: Yea, a lot of it is litter from the sea--- yea, but let me tell you something. I've seen people throw beer cans and stuff right out in the water. It just really burns me up every time I see it. Mr. Andrews: And we have an annual clean up with the Boy Scouts and groups and we clean it twice in addition to that during the year. Mr. O'Feldman: Well, sir I must say I've been going over there just everyday for the last year and a half and I've been going over there life off and on and I can tell you no one cleaned it up. Mayor Ferre: You only got about three minutes so don't waste time on it. I'll tell you Paul, you see something like that, there's no way that Boy Scouts are going to pick that up.That take, some heavy equipment. Mr, Andrews: And we let contracts to--- and we've done this already once Mr. Mayor, let contracts pick up those boats, other about all my Mr. O'Feldman: We're proposing to sustain it by doing it every week, half 43 FEB 261976 a year, forever. Mayor Ferre: Repeat how much this is going--- not forever, because I don't think you can Live that long. Mr. O'Feldman: Well, I think so. We're willing to sit down with the City, anybody --- Mayor Ferro: We don't need to see anymore pictures. I think you made your point. Now, why don't you tell us what you want and what you're thinking. What's that's worth and then Nick wants to talk. Mr. O'Feldman: Ok, we have come up with a figure of $50,000 a year to main- tain a boat like the County does. I think it's about the same amount of money. We're willing to work for a lot less. They spent $48,000. We can get the same boat for $2,500. Mayor Ferre: $4,500, Mr. O'Feldman: That's how much they spent for it. They spent $48,000 in this clean-up on Miami River. Mayor Ferre: And how much will it cost a year to contract with you? Mr. O'Feldmnu: About $50,000.00 For three of us working---- Mayor Ferre: All right. anything else you want to add because I think Nick.... Mr. O'Feidman: Yes, before we leave here I would like if anybody is interested one of you or two of you or all of you to send this in the right direction to get this done. What we would like to do is plug in the two guys that we talked to down in the basement who get funds for the City. They said they would get funds for us if somebody would turn them loose. Mayor Ferre: All right, Nick---- from the Secretary of State's Office, Mr. Cleanup (himself). Mr. Nick Fleishman: Mayor Ferre, I think that in this particular incidence the Department of State con be of some direct assistance to these young men and I'm very pleased that will refer iL»»m, to me. i'1l make arrangements that the come and sit with me. Mrs. Gordon: Can you get them the funds? Can you get them some money, Nick? Mr. Fleishman: We don't know about money, but we sure can get them some help Mayor Ferre: Nick, let me express(' think) the philosophy of this Commission and as I've seen it in two and a half years(2':.) over and over again. Whenever you get a pair or several interested citizens that get involved there is no substitute for the efficency of people participating in programs. I don't mean in anyway to say that employees of a governmental agency don't do a fine job. I'm just saying that people doing things end up being a lot more effected than people who are part of a bureaucratic system. Now, that's just ... if we can ever motivate that type of participation in the long run it works out well provideu that it's properly supervised and that they are made to live up to what they say they are going to do. Now, between now and making a contract with you for $50,000 we got a lot of steps. I would like to recommend that we do the following, Mr. Andrews: (1). Mr. Fleishman, on behalf of the state who really is an expert in this- give it his attention and come back to this Commission with a recommendation. Mr. Fleishman: I'll do that. Mrs. Gordon: How long will it take? Mayor Ferre: All right. And secondly, that you assign one person in the City government., not two or three or different agencies, one individual to work as a liaison with Mr. Fleishman and then come back to this Commission next month to give us a report to see if there's anyway that we*can find federal funds or otherwise, Hecause, 1 personally think it's a heck of a fine idea, FEB Z 61976 et Mrs. Gordon: It's a good idea. (applause) Mayor Ferret Don't tell ine you're not all going to be partners are you, ail of ? No? Mt. Fleishman: Mr. Mayor, I Would like to interject for a moment and tell you that this comes at a moment. We'll be holding the annual titter cleanup and now the Bay cleanup in the second week of April so that we can tie these young people in with the total effort on the part of the whole community . Mayor Ferret You're not going to ask me to swim that river. Mr. Fleishman: Sir? Mayor Ferre: You're not going to ask me to swim that river. Mr. Fleishman: I will in time. Mayor Ferre: The last gt., that did that ended up in Washington. I dot want to go to Washington. Mrs. Gordon: I have a question Mayor. How long will it take the barge that you're describing to get here and for you to have it in operation? Mr. Fleishman: We'd have to bring it down from Charleston, S.C. Mrs. Gordon: How long will that take? Mr. Fleishman: The trip,it could be truck down or the trip by -barge itself would probably take four or five days ... Mrs. Gordon: Well, the only thing that I'm thinking Nick, your .April 2nd date is going to come by and go and they're not going to be in on it-- if Mr. Fleishman: We have the tools already to start the job. Can I say one thing your honor before .:e --- Mayor Ferre: If you have to, ok. What about to pass a motion in your favor, and you might ruin that ... Mr. Fleishman: I just want to point out we're not just talking about the Islands out here off of Coconut Grove Area, we're talking about the entire 14 Island stretch from South Bay up to North Miami. Mayor Ferre: See that's something that I would want the Manager to really evaluate Mr. Andrews as to what the cost of that should be. What I would like to do is and I'll accept a motion if you want or I'll make a motion,any way you want it, that in principal and very broad range that the Manager be instructed to look into the possibilities of what has been proposed since we accept as a matter of policy that the City of Miami should have some responsibility in the cleanup of the areas served as Islands off of the coast which are really (in opinion) nothing more than parks. An extension of our parks system, and therefore, in principal that we should look into this possibility doing this. Mrs. Gordon: You mean the grant monies that might be available, Maurice? Mayor Ferre: Well, I'm just saying that this should be thoroughly studied because it really is in my opinion part of our parka system. Mr. Andrews: And we'll look into the grant monies, but please, Mr. Mayor, would you instruct these two gentlemen not to do anything, not to make any investment in bringing boats or anything here until we're through with our review because this has to be a public process. We can buy services, we'll go out to public proposals and get others Who are interested in this process to submit proposals after we set schedules and other things. Mayor 'ertre; By law it has to be that way, so in other words, on the record you are being specifically told that you are not being authorised in any way to proceed in any form at this time so that we're legally protected. We don't want a lawouit a year from now. Ok? This is a matter of principal. that we:!re 45 FEB 2 61976 instructing the Manager and in principal we agree that something should be done and that Oe'te asking him to look into it. Mt. Fleishman: We really appreciate that and I know we've taken up our five minutes, but I would just like to introduce you to br. Henry Truly, who is the President of the World bolphin's Foundation and has been successful in -- well a lot of things.- he'll tell you that. Mayor Ferret All right, is there a motion then? Mrs. Gordon: I move it. Mayor Ferret Rose Gordon moves. Who seconds? Plummer seconds. Further discussion. Call the roll please. The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 76-231 A MOTION ACCEPTING AS A MATTER OF POLICY CERTAIN RESPON- SIBILITIES ON THE PART OF THE CITY OF MIAMI IN KEEPING CLEAN AND MAINTAINING ISLANDS IN BISCAYNE BAY ADJACENT TO THE CITY OF MIAMI MAINLAND, AND INSTRUCTING THE CITY MANAGER TO INVESTIGATE THE PROPOSAL OF THE WORLD DOLPHIN FOUNDATION TO RENDER THIS SERVICE. 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 (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None Mayor Ferre: Thank you very much ladies and gentlemen. Mr. Fleishman: Thank you very much for your kind response. Anybody that's cleaning up anything anywhere I'm for. Mayor Ferre: Ok. Thank you. MS, GAYLE PERRAULT-MENTAL HEALTH ASSOCIATION 40, PERSONAL APPEARANCE OF DADS COUNTY (REFERRED TO METRO) Mayor Ferre: All right. Item 13, Ms. Perrault. Mrs. Perrault: Here I am. Good morning. I'm here from the Mental Health Association of Dade County and the reason I am here is because I had initially submitted a request dating back to November 14th, 1975, in which I had asked the Commission to approve some money for me to sponsor three housing workshops in some low-income areas in Miami. In South Beach, in the Latin Community,and over in the Black Community. I had asked for money to serve a thousand people, various cultural dishes for lunch at $2.35 per unit. The cost would be $2,350 unfortunately, in the memorandum that I got back there was a clerical error and it said, various cultural dishes at $2.35 per unit, cost would be $350.00,so consequently when I got t;ie money it was for $350.00. We did provide these workshops, Mental Health Association, along with about 13 other agencies in these various areas. Mental Health Association went into its pocket and made quite a bit of bills trying to do this. The reason why we did this initially is because according to needs an individual cannot go on to self actualization unless he has satisfied some of his primary needs. One of which is shelter, so this is the original reason why the Mental. Health Association and these various agencies provided this housing workshop. Now, some of the agencies that cooperated were Tenant Education Association of Miami, H.U.D. (Housing & Urban Development),Community Action Agencies and various other agencies in the City. Now, there was a mistake,but first of all, I would like to say thank you very much for the money that you did provide, We did have to scale down our participation and public notice announcements because for the fact we knew we would not have enough money to provide this, Now, we found out quite a few things. Number one, that this housing information is very, very 46 FEB 2 61976 badly needed in Miatai. Attd number two, as a social cotnmentaty, that these people that cathe to the workshops who were in low-income ateas Were `very, very hungry. What we would like to do now is to Move to South -bade. We have been asked by various agencies in South -bade such as C.A.A. Amiga and Florida Rural Legal Services. These people down in South -bade may be Migrants who ate Very, very low-income. I know you will agtee have some very, very bad, very, very emergency housing needs. We would like to move down to South,, bade with this last workshop so I'm coming back before the Commission to ask the amount of $400 to have a housing workshop and to feed these people who would come. So, this is why I'm here today. Mayor Ferret I don't see how in the world we can get all cleared up just at the Commission meeting, but Mr. Andrews would you personally become involved in seeing if we can get to the mate of things that we have here. I don't know how else to do it. Maybe you can do and come back at the next meeting which would be a week from now. Our next meeting is March, the 4th, which is exactly one week from today. Mr. Andrews: All right, I'll put it on the agenda for March 4th after we've met and discussed this further. However, I want the principle reiterated once again that recognizing this is in South -Dade, it's not going to be for the people of Miami and we're going to be spending $450 of City of Miami money to carry out a project that's in the South end of the county, so with that principle in mind, yes we will meet with them wherever it's appropriate . We will come back at the Commission and indicate that assistance should given where it's directly related to the city. Mr. Plummer: Wait a minute. Mr. Mayor let's don't create any work, maybe that we don't have to for the Manager. It seems logical based on what the Manager has said that the appropriate parties that you should speak to is that of Metropolitan Dade County. Have you approached them for the monies? Ma. Perrault: No I have not. Mr. Plummer: Well, can I ask why that you didn't? Ms. Perrault: Well, because first of all I didn't realize that it was this technicality and ... Mr. Plummer: Well, wait a minute, it's not a technicality. The people that you're going to be serving in this workshop will that of --- Ms. Perrault: It'll be out in South -Miami, sir. _ Mr. Plummer: Yea, I understand, but it will be the migrant farmers and the people of the South Miami... Ms. Perrault: It will be the people in that area, yes. Mr. Plummer: Yea, what I'm getting at is that usually is the responsibility of Metropolitan Dade County, where you know, if it were in the City of Miami it would be our responsibility and I think we responded to you already, even not in the numbers that you wanted but when it was in the city we did it. Now, it would seem very appropriate that you make that request of Metro, since it is in Metro. Ok. Mayor Ferre: All right. I don't think we need any action on that. Thank you very much. The Manager will be in contact with you. Ms. Perrault: Thank you. 47 FEB 2 61976 41, PLAQUES, CE RJ Mayor Ferre: At this Lime it's my pleasure to make some presentations that we have here. you know, the Cily of 'Miami sponsored and along with our Governor, Father Gibson, Manr>.io Rehos4: and 11, we're fortunate enough to go down on this tour-- Venezuela and t,olot:ll,ia, and 1 want to tell you -- my fun=- ction as Mayor for the last two And .i ii,! l f years is one of the most important things that 1've had the i1rivi'+_;,r of doing and the publicity that Matti got front page in major nowtspape i:•: i;; !,;nth of those capitols and these are count- ries that ritie of '11~'m are ;.:+'the iIi Mon people, the other one are twenty-three million people. Colombia i o lone) had :l i ilet.y t ill.;[ -: -..;,'; visitors coming to Miami spending their money in this commonity and the multiply effect of that really affects everyone of you dir+.oe or indirectly, so these are the type of things that we it the Cit of iiami are involved in and a great deal of credit goes to a group of •.'ory iietlic,!tt:':: men and women who I just couldn't begin to eulogize enough for chc ;rr.,,r:: c:?' work; of planning, arguing, of fight- ing, of hardship:; that roai lv II:;,' (_1;tt of this are unbelievable, legalistical problems, all types of pi bi,'i;i- d ..„'skin); out --- can you imagine 132 prima donnas really, and ail of: them ,r,t ';:;; to have special attention, all of them wanting this; and everybody wantin,,!, ii_; ierent; things, the Governor, the Security problems, ------ .anti who. ' --ynu, it really is one of the most successful things that.: the City of loam[ has o'.'ir undertaken- Mr. ;Andrews was with us, Mr. Crumpt01 , and, t think it eA; ly one of the great. highlights, certainly in the past tw!) ;ii1+l .;nt'. 0;J i .if', tloa i.' ._ been .i.ii`.'r'i.ved in. But as I started to say, ra y,reot deal ;.+t I-, +l i 1, k,t>+..,> to h group of people that 1.. would like to step 1 erw:tt d at this time. As t e:,,,11 your homes would you please come around the )tack side her'.herh hecoohe a+ ld like to present. the Certificate of Appre- ciation and have our ilit:ttiI! taken with you, and if Nora Swan is here as the chairperson 0i the City of Mitimi bicentennial Committee and on behalf of the Ci ty Commission, Senator ,t^o:: f: . r i testone, is the Senator here? Mr. Jack Cuiter,l:;.'tr. Orin D. Ai':,i.ni,),tk .'ht .:t1r. reo invaluable) Maria E. Torano, _ lty Leslie Pant:i71, hick i_'aai.t:r:ot, aud ,'',t . .'t::''o t 1 Centeno. i_ want. t0 tell each and every one ill voa Oat +i: ._ .':)ii1'.'. ly magnificent job and we're very proud of you. (2). Pr.o4 nt..lt i,th o s;cro t i from the City of Miami to Mr. Jorge Garrigo <i;, co;iJetitdati ",'1 ; i drawing of a Miami Fire house. (3). Presentation of koad on Ar' t ..a 11,,i :Pcooljmotion to Mrs. N. Flynn, of the Coral Gables .Junior W tr n' L i; i .i ' . Pic ent Mic) of Certificate of Apprec- iation to `.coconut Grove Elementary ; ehoo . for their participation in the shore- line clean up of Pea':o. h. Mr_.. 1arl,;ir i Teri'+. (5) . Presentation of 38th Annual u:ii)c1L'E_L bay ' Pr t_ l.t 1 tt S a:_ ;. N. Flynn, the Cora 1 Gables Junior Woman's Club. (F, i . i :. i u:).ilh Mr. Joe Poole, Department of Public Works, upon ill,; :e = trsr:: t :,: ,: .,: ,ervice with the City of Miami. (7). Presentation of Lc .si Waiter C. Parson, Department of Public Works, upon his retirement 1. ter :'", years of service with the City of Miami. (B). Presentation C! iItU_;:l p '', .etgat1can to Mr. Wes Field. (9). Presentation of Ol:7 Dad; 1-rw i.amation 1+, Mrs. Charlottee Horn. (10) . Presentation of Youth A tt nth Th:oolomatioh. to Ms. Jacqueline Hinchey, Consultant. it ,art 1 uuc; tics t, r r).iu: '_':),.tety Public Schools. (11)•. Presentation of Certii icatos +.0 Appreeiaciot t., the prirtt::-ipant, in the Miami River Festival, Nov. 1- 2 Miami Outboard Club, 'i:d i i d Cent,try USA, YWCA, Historical Association, of Southern Florida, Miami -Dade C ;mmt ity College, Downtown, Miami River Restoration Couferenty . U2). Presentation ofd Certificates of Appreciation to Lee Evans-1976. Miami I:tter.ri 7:. i _,nai Folk. Festival 1(00 rile Bicycle Endurance Race, and to Mr. Mike '::ornen, ier sponsoring this event,. (13). Presentation of Earth Da_y Proclamation to Mr, .a:>h :• c;;.:,u';ittcjsl. (14). Presentation of Save Your Vision Week Proclamation co :.,r. P%;i if: Sidiaa, President of the Dade County OptrornetrLe A:;>;or'Lation. The following resolution w;:h rnLrld;;ocd by Commissioner Reboso, who moved its adoption: ,i Ri:tio;.. UIt)'I ++r r.hol OR{i7.t..O. at-'I'i hotly ;!t eLottil i ,....i�.td itore and on file the t)t i iCA: ,:;I t he i.t .' t:lt t k. Upon being :,ecottdtid 11,' Co!1m,.>:.,,tt;o, ,.,oIdun, the resolution '.:._ passed and adopted by In., AYES: i c)mu"! r , ititil�.,tl.7- 7.1a, 1'..'i)t_t`„} l:!,mmis ,.,ner . i.trt;..;.•r, .Ir. CUtle:aiat;.ttine r ',Rev.) Theodore Gibson cor,en Mayer niur Noes: None. 4 FEB 2 61976 Mayor Ferre: A resolution of condolences to the fatnily of the late Eloy Oroico who as you know served with a great deal of distinction and dignity and understanding City of Miami. He was really a real super guy and it Was just a crime to see a fellow who by the way had been a vetetan of +Viet=Nate. He served his country with distinction. He had lived in Europe. He was born in Havana, but he Was educated in the South West High School here and he really was a young patriot and a guy of very high ideal person that this community could i11 afford to lose and certainly he left a vacuum and certain ly we jut want to share our sense of grief with his family. All those who were his friend. Mr. Plummer: Mayor a copy of the minutes of what you've just had to say, that goes the feeling of this Commission should likewise accompany this to the family. Mayor Ferre: All.right, if the Clerk in voting, would so instructed to send this to the.family.and you can clean up my grammer a little bit, you know put some periods and sentences --- I give you the right to editorialize a little bit. All right, do we need a vote on this?' Yea, I guess* so. All those in favor say I. Ok, unanimously passed. Is there anything else to come before this Commission at this time? Mr. Andrews, at 3:00 o'clock which is the public hearing. HOME INDUSTRY BICENTENNIAL CELEBRATION 42, INFORMAL DISCUSSION ITEM NOTE: ENO QUORUM WAS PRESENT) Mr. Plummer: Father, the Mayor has asked me to introduce two members of the steering of Home Furnishing Bicentennial Committee. Sara Siegler of the Norman Siegler Drapery Workshop and Gloria Murreli,Vice President of the 39th East Shop. You'all would like to make a presentation of some kind. Step up to the mike if you will. Mrs, Siegler: As part of Miami's contribution to the Bicentennial celebration the Home Furnishing Industry has banded together to have a gaint clebration March 13th and 14th at the Home Furnishings location Miami Design Plaza and we would like very much to have to have the City's endorsement to this program and the visistation of our counsel and it's down for that presentation on the 13th and 14th and you've received a letter on February 6th telling you about this event and asking for the cooperation of the city and it's official and we would like to have this official endorsement. Mr. Plummer: All right, other than the city's participation of attendance - what do you wish, an endorsement of what kind, financial, other than financial? Mrs. Siegler: Not financial, particularly. We'd like a proclamation. Mr. Plummer: All right, could we do that and schedule it for the 4th of March? Mrs. Siegler: Yes. Mr. Plummer: Ok. Mrs. Siegler: We would also like the cooperation of the Miami police Department and the Publicity Department helping us, work with us as they have in the past in" barracading streets and that's all details in that letter of February 6th. Mr. Plummer: You just started into the dollar department. The Police Depart- ment... why don't I suggest this to you? May I suggest that the proclamation I'm sure the Mayor will be happy to have here for you on the March 4th at 11:30 in the morning. Mr. Cobo, do you hear that? Mr. Cobo: Yes. Mr. Plummer: Now, as far as the Police Department and the Publicity Department I would suggest that you get together with the Manager who can find out what your needs are what the city can do to assist you without the dollars and what they can do with dollars and what they can do with dollars and whatever it is without dollars we can approve on the 4th of March also. Mrs. Siegler: Very good, Mr. Plummer; Now, do you have something you want to present the City now? 49 FEB 26176 , Mrs. Siegler: 1 wi; js •t ,;call,' ont! E'i the posters this Will app.-- ear in all of the showrooms in ehe area ar,ci ,,sk if you are cooperating with this; program, if you would like to hand.; it in the lobby at the City Hall here? Mr. Plummer: We'll give it to Mr. Cnhe, who i•Li11 give it to the Mayor and with that termination to he made. do if you will., whoever you wish to represent your organization he back here on the. •ith of March at 11 :30 as time of present- ation. Mrs. Siegler: . ;lime v t V ''. t;nrci Mr. Plummer: Thank you. Rev. Gibson: Be sure and tail her J.I,. that miic happens to be one of the representative:; that c,-,Tnr. and ask .- r much and not ask for money. Are you asking to he one of the representative "city" you know, citizen who comes and ask for so much and not ask 10Y (money? lNe: like that. (laughter) Mr. Plummer: It's rei resh.i.ng. Mrs.. Gordon, the Mayor has informed us that he will be running later and v1. course as we know these people do not---- Commissioner Reboso will :..)t he present this afternoon. I think maybe for ed'if Leation Cvriniis iont•` Rc'??C:;:' hdd d previous engagement, just so that the people here will know i ocav ri L)1r. of i;h t the outcome of this hearing i5 if action is taken, E t i.: oh v the i..i r.s re.,t ::,, and by law there has to he a second reading at ,,,s, tch the administration w:11 make available to Mr. Reboso the complete tapes of this afternoon so that he can vote on it when the second reading corr_e:s u;,. `".r:. (;ordon, before we start into that Mr. Manager I received a phone call during the break and I think you better do something so we don't have a calamity in the nexL four days. This Commission passed as you are well aware a d it ;e f -uic:s relating to grocery stores beer and wine. Now, the very thin}-' that we cautioned against is happening that some of the stores are junpitag rne gun and a.l.lowing the sales to go on before the effective date of March 1. Noe. t_ seems as how some of the Policemen has informed the merchants that there is no laws, there's no change of laws, they don't know of any chrali•.;es . Lit let's be kind of --- you know what I'm saying? Mr. Andrews: Yea, I under-,:'_;;nd what: you're saying. The ordinance and it's sometimes it's ciitfic..it. :: a•cl:mt.:lilt:ate as to what happening, but the law be- comes effective 30 trays Lit tCr. Mr. _'iummer: Well, t'', !..).tt'. th Lye date, March I. Mr. Andrews: Ok. Mr. Plumper: Gk. So vuu might .•.o:u;;un ic<atc with the department that we don't waist to have a the ordinance, the effect - jail fu 1 or people ,12 i ? nj 6 packs for the next three days. Mrs. Gordon. Gk. 4,.;i we ;)roc,,i,i t`et. n i t.l, .;lisp afternoon agenda? Our first item that we ra1'.tti'tl .. i.'. 'r?) this '.n1:'nirig which Wasn't just a routine item was item f' 21, i.'3 that ('i. rri', t Mr. Ahdrevs? Mr. Plummer: That h.i 'ic is 0.eptest of the Department Bead, Mr. Grimm that it be deferred and I cuter ::t th k time tlkiL it be deferred until a later date which will. be .a date set Mrs. Gordon: Deferred. Ok. =:,o.:'od Mr. Southern: Mr. Plummer? Mr. Plummier: 1'"a. Mr. Southern: Mr. Robe Mr. Reboso: Absent. Air. Southern: Rev. mit,:c,u': Rev. (.ibson: Yes. Mrs. Gordon: The next item thc:; - i,, a ook up .! , the ;next one would bc: # 23, which is presentation... Ott. Plummet: Madame, V";-Mayot, I would suggest that l te's no one here except the Commission to hear that item, that we have all of these people here for item ... Mrs. Gordon: I would think that all these people would like to have tote than Just the three of us to hear this particular item that they are here on and because of the magnitude of the item I think that we could take up Eduard butrell Stone Presentation since it does not affect anyone particularly. Is he here? Is Mr. Stone here? Mr. Andrews: John Bruster is. Mts. Gordon: John Bruster? Ok. Mt. Plummer: I'm sure that the Mayor would want to hear this item as well as ... Rev. Gibson: Here he is. Here's the Mayor. Mrs. Gordon: Ok. You're in time Mt. Mayor. Just saved the day. Mayor Ferre: I apologize I was delayed. 43, "SHIPPING VESSEL , .,; L Mr. Andrews: Mr. Mayor and members of the commission, approximately a year ago we had presentee] an ordinance for cr,:?ati n::i n new Chapter 50 which provides Lot the operation of the city of Miami's marina.l.mhccl.i..ed in that was a rate change for the usage of those marina facilities and the c:r:mmi_ssion instructed the city admin- istration to :net with the representatives -.rxt the people occupying the facilities of the marina, to meat with them and attempt to resolve the conditions of the ordih- ance reasonably to i.he satisf'a't.iun of everyone. May meetings have been held and more particularly with the Dinner Key Cruising Club and their representatives, the Tenants Association and their representatives, the ':arine Council through Paul Andre and the staff of the ci.t . Mr. John Cuteen.leaf: ,,rho is President of the Marine Coundil is here. I want to report: to the commission that in my judgement an agreement has been reached in nearly all arQas of the rewri t:..ir,g of this chapter except for one and that is the aotuta] raf.e ..tru.''.re that we are recommending to the commission that is embodied in thins ordinance. ;_'o the r: tc Aspect of this ordinance is really divided into two parts and that is ar rate aaiustment to make rates current with cur- rent economic condition., and wi. Lh t cpnra r i.on of the marina. And within that rate catrucc.ure we've Lormu ! -a':e o ;,, r 'ram of how those moneys will be expended for the services that• are rcrcie:.•, ., i.,:ect1;r at the marinas plus the additional services of policing, sanitation, L? r. ,' • t e n a:,'t prevention and within that formula which provides for t`.ao paymeil there is a provision for establishing A reserve tor :Armor Key imprents the l:i(,r ?t: ': } i.ves. In other words there wil 1. be a code sot up wf'.ioe will :is'ceeee money:: :: to flow Le :1 code to that code on an annual basis that would be `5'.>?': I :::,i i.v l e erved for improvements. The second part Hof the rate matter in r fnrmui•< ,_... we have devised that's embodied in the ordinance to accompli.oh ariru,.: i ad ju ;greet < _ e There i r. a change in our economy and the cost of providing these . ery ce . +; i i I: t:hoa .. ... adopted. in this ordinance there will not he the, need to have tJI.L j Le ?rii'.c tins:; eat- , year to attempt to evaluate the cost of providing the eervi .es eeee . ec 'isms way:i suggested by a represent- ative of the Tenants AIT,OriCIT I inmlerstand it they helped advance the concept of providing that L i ; However, after the plan was formu- lated and it was known what .4,. .eeeiece they began taking exceptions to also that aspect of the formula. se + ikr Nee eenn3 gs to just quickly give you an over- view of wheat the existing? re 1 Tr-e is and what the proposed new rate struct- ure will be. I also want :. have, ' le ? -c ;;rc1 rr,fieot that this is a public hearing, that notice of such was posted it, Lne new;;ra.;p,>f;- but Mr. Jennings went far beyond that. He posted each c, a t , _ hotiee, posted a ,:notice in each one of the mail boxes and made every e f f c e in. i s : '1:3 t. ti t. 1. �he peopJ ? occupying our facilities at Miamarina and Dine a eey .. r . ,,- ,, ; r o f the ordinance that had been fin- ally drafted. It was vai. ,e le r eLl :;f 1 ..c, , `i ei, �. Ec � review. vi w. The representa- tives of their organizations re:,,.; tft, the mi r;rr;a:; t m that you received bringing this matter forth on this ag• r,r,l 1r:pl a:i ris in some additional detail the pro- cedures that were used. With than introduction I would like Mr. Jennings to tell you a little bit more about the raee structure itself. Mr. Mayor, I think we can save a lot of time if you can >:a]. the audience to find out if they're in general agreement with the conditions:, r,1 $:)e orauc$r other than the rate structure. If so that's the area we: would concentrate an ar:•'. not try to go through the ordinance section by section which is quite to a lengthy ordinance and they've had an opportun- ity to review i.t. Mayor Ferre: A]1 right, let's do that. Let's see how many people here are opposed to the ordinance as written other than the rate structure? Would you raise your hands, please. There is one. Now ma'am, would? you like to be heard on this? You would like to be heard. Ali right. :;h; uld we do it at this time before we do the rate structure? Mr. Andrews: No, let's gc, ahead wish the rate structure and get that aspect out of the way. Mayor Ferre: All right, then I will. rE co,mize you i r :t as a member of the public that wants to be heard on the ordinane i.t' f . ... Will those of you who would like to be heard on both items step ,)'dot' ee the Clerk and Mr, Southern will take your name and I will read you oft in order as you ei_gn up. There is three on one side and eleven on the other. These of you who w .uh to speak give your names to Mr, Southern, Ali right, Mr. Jen:aic;a:; . Mr. Robert Jennings: Mr. Mayor anu members of the commission, I th.i.r.k cdr. Andrews has explained the subject rather. well. What has occured in the past is that we've always related our revenues for marinae to direct costs only. And using this, this relationship is misleading inasmocb as we've never really known whether we were making a so-called profit: or sestaini.ng a loss. What we are trying to do with FEB 2 6 1976 0, this formula is set Marina dockage rat; in rolation to our true costs of operation of the city marinas. This is taking into consideration both direct and indirect costs and also taking into consideration a reserve for let's say depreciation or let's say reserve for replacement in the case of Dinner Key Marina and also Another small reserve for contingencies which would be in ease of a damage by storm Ot some thing of that sort. So this is essentially what this formula tries to achieve. Now when I say indireet costs perhaps this needs a little explanation. THe thing that are included in indirect costs are 3 prorition of for instance the police protection provided to these people by the city police department, fire protection, sanitation, public works, parks and recreation. The:r people have access to all of these facile ities and utilizino our city budget fet th year ad assuming our population at 1t;0,000 which by the way is a factor that providectaally a little advantage to the boat owners because we're only considering one person per boat so I think this was rather genereus. AT any rate, relaticg iheeJ thing to population and assum- ing one member of this eity population por boat, we ealeelated what the indirect costs are to be applied against each marna. And as 1 say, this in conjunction with direct costs and the reserves that wr su up is then applied against lineal feet. In other words we took each marina, found out what the total lineal feet was and applied this.against; if you have a 3i foot hoot you pay a percentage based on the size slip that you're ce.le other fact T. would like to mention.. Mayor Ferret ...what's that_ g,,'• no do with population? INAUDIBLE Mayor Eerrre ?on'd bette. oxplain that fornola again because T'll tell you you lost me and peihaps there might. be others who didn't quite follow that. Why don't you explaie thdt rver'aain anwhat the logic of that is. Mr. Andrews: Let me ansist dernincn. 11 order to arrive at a reasonable basic cost that the marinas should si.are as far an the indirect expenses, — Mayor Ferre: Ind roct nt of the city? Mr. Andrews: No, of the tho: types of oorvices that are rendered to the marina which inovtvo Hre einittion services, parks and recreation and some public works. We took the tota; cos of those budgets, and rather than try to do it on a property bais au aio.sment of property in the city because there would be no way o';' relatlee tea th(i bat, we took the total population of the city which 3500ne roenaeo cet, and said how much is each person paying for this service. Mayor rerre: Dici you take Ad Valoiom Tcxes OY aid yo,2 take the full budget of the eity? Mr. Andrews: No, we took t Lt:(i(1 for each one of those functions, the full costs of those budgets and thai: totaled 156,000,000 and then we divided that by 350,000 people so you get: a rate tnen per person for those indirect services that they pay at their household or at a boat slip. So then assessing one person per boat slip which Mr. jennings is explaining is on the generous side because there might be two or three, lelt aplAying only one person per boat Blip we came out with the cost for each one ol these fun(.tions. When we were finished we found that the cost that should be prorated wa. $c's4,00t). Then we too, the direct costs which is his budget and all of the matters pertaining to it, added that to it, added a re- serve for hirrieanes, unuaual demige, added another rocorve for future replacement and repair of these. Then we ha6 o total :cur so then we took the total number of lineal feet of all marina space and divided into that to arrive at the cost per foot. Mayor Ferre So in other words it was not eone in any way in comparison with what other marinas are charging. Mr. Andrews: We then ,:ompared thm... Mayor Ferree We thn :;omp;ard what you're saying iS you took the cost of running the city and prmic-,ted i on a per person basis and that came up to $84,0(4) and in addition to tht_ yc,u added the direct expenses and you also added a reserve fund for renir and reemr-1-it? T understand. M.r. Andrews: So that we arri..!e at :;on resonab)e, and each time applied this we gave the bentit of t.he btby tl.e Mayor Ferro: ;VIA then yet. the number of lineal feet available and that's the multiplier that you're reeommehdioq. FE B 2 6 1976 Mr. Andrews: Uc'pc:ndi:; e the r. ,,+t on t i eee of boats. Mayor Ferre: Now explain what ht,c;'i end !ew r'n! aes. Your recommendation says you are at Dinner Key recommending a low of 7.4e t:er foot per day and a high of 8.9 and at the Miamarina you're recommending 7e per foot per day and the high is 10.4 as compared to the existing which is 2.8. Is ghat correct in the City of Nliaiii? Mr. Jennings: Yee, sir, that: is correct. Mayor Ferre: Now in both marinas they ate the same today. Is that correct? Mr. Jennings: Do, sir, they are net. Mayor Ferre: Well that':; not: explained here then. Is that an average? Mr. Jennings: Yes, it is. 7 Key today is 2.8(:, the high i 11.h Section (a) is Dinner Key - that's the low at Dinner lIng then that we, for example in Dinner Key go from Mayor Ferre: You're recommc•r a low of 2.8 to 7,4? Mr. Jennings: Yes, sir. Mayor Ferre • But in the eese 11t per foot? Mr. Jennings: Yes, sir, brit 1 rea:i...t that needs some explanation. Mayor Ferre: Yes. that's ..'h,:,tl'r inking. ; ;7-a •' , recommending :r reduction from Mr. Jennings: At the same t..i me w:. ere rceem mend i ng at the present time the dockage rates at Miamarina are applied '..n '_fir': ;i : of ...,..e of boat. We're recommending that they be applied on the basis: et size Oi _lip. This change actually will real- ize approximately 80,000 per year r,',v: for the city. In other words, if you're going to use a formula and apply it you have to apply it consistently. Mayor Ferre: Now explain so that we ali understand the difference between low and high. Mr. Jennings: Low merely rackete rhet some berths, and this is something that is done today this is not a change mi?h: el. ? might start off that way. Some berths do not have they ^ni t yes OY df7l'i- have tne ] o sij on that other berths do, in other words bulk head berths - it'e bow or nt.ern In - whereas berths on main piers usually have finger piers where.: you can st', p off yo ;r boat onto a little finger pier. So _ customarily the rates at the bulklic.ds at the city marinas and I think most marinas I think are less for the less convenient type of slip. Mayor Ferre: 1.et me ask before we Lee:, into the public hearing portion of this a few questions. When you say Dinner Frey do you include in that the Underwood Marina area? Mr. Jennings: Yes, sir, I do. Mayor Ferre: Does the City of "ti_.it 3i charge anything for the :moorings of sailboats out in this? Mr. Jennings: That is a least' agreement with the Coconut Grove Sailing Club, Mr. Mayor, which we have nothing to do with. Mayor Ferre: So there are Er) charges for mcorinys of any kind out in that bay area? Mr. Jennings; Nc, sir, not =it: the present: time. Mayor Ferre: Are ther • airy commercial boats ire July of these areas? Mr. Jenning: Yes, sir, there are commercial vessels at both Dinner Key and Miami- arina. We have treated commercial vessels apart from pleasure vessels in this ordin- ance. Mayor Ferre: The commercial vessels are not included in your recovac:endation? Mr, Jennings: They are separate in the ordinance. The formula is not being applied to commercial vessels. r_. FEB 2 61976 Mayor Ferre: Is there a higher charge for commercial vessels? Mr. Jennings: No, sir, it's lower. Mayor Fetre: Commercial vessels pay lower. Dial you make an analysis and comparison for commercial vessels other than what we have? How +iic1 you arrive, let me ask the question this way - How e.1 d you arrive at the rate that we are going to charge com= merci al vessels? Mr. Jennings At 5tiamarina I have made no changes at all. Mayor Perre: I didn't: ask you that question. How di,:1 you arrive, you didn't make any changer, I Understand. flew did you arrive at what charges should be for a cm- mercial vessel other than just saying you weren't going to change it? But that then assumes that it's ;► fair rate and my question to you is how did you arrive at that conclusion. Mr. Jennings: The tact of the: matter is I considered that commercial vessels are utilizing slips on the basis of a business enterprise. Mayor Ferro: Did you compare with what commercial vessels are' paying on the river, for example? Mr. Jenning: No, .:ir, _f did not. Mayor Ferre: Hoy' many .:or-'- :r, i 31 vessels l ; err„ invnlved? What is the economic im- pact? 4r. Jennings: There are 30 :orm1I regal vessel slips at Miamarina and they are gen- erally f.ornparabie in terms of t:he rental they are paying to the county rates. Mayer Ferre: Th: r'ty out of how many? Mr. Jennings: 'Thirty a+it. of 2C43. Mayor Ferro: So .in otilc,r :+ot:,' it'.. well over 1.0%. Mr. Jennings: Yes, sir. Mayor. Ferre: How about at Dinner Key? Mr. Jennings: M. Dinner r there a about: 35 out of 370 so they're about 10%. Mayor Ferre: v;r1.i , that's one are., that i f.Link I would like for you to justify a little bit and get into it and I'd like to secs a difference in charges and ... Mr. Jennings: The only rationale that I used... Mayor Ferre: I'm not asking you for that now, Mr. Jennings, I'm not asking you for your rationale I'm asking you for the exact figures. And then an explanation of how you rationalized that. Mr. Jennings: Do you want this now, Mr.Mayor? Let me go then a little bit because I think it may explain itself. On sheet #1 of the material you have another method of justification for a dockage increase is some analysis we did on salary increases in the city sinde 1969-1970 which is when the last dockage rate increases were lev- ied against the marina tenants - 69 at Dinner. Key and 71 at Miamarina. And we find that in that period of years the salaries at the marinas have gone up an average of 59%. Then when we look at light and power, water, the contractural services and the commodities codes we find that they've allgone up well into the hundreds, some of them almost 200%. Mayor. Ferre: :1004, and yet you don't think the commercial vessels should bear any part of that inatease? Mr. Jennings: Well, this is what I was going to get: tc. At Dinner Key I have lev- ied a 100% increase on the commercial vessels. Granted, they were starting out from a much lower point than the pleasure vessels but nevertheless a hundred percent is a.pretty substantial. increase-. At Miamarina I felt that by comparison with what the county, the vessels at Miamarina are a different type of commercial vessel for the most part than at Dinner Key. At Miamarina you have Charter Vessels, you have sight seeing vessels, you have what is called head boats. They are drift fishing boats. Here at Dinner Key you have really iishLrman, shrimp fishermen who are fishing for a living and then, of course, you have two sailboat concessions on the east end. r f. ier Also here at Dinner Key the cmnerei,al t ell, of thy., marina, this bulkhead on the southeast side is really the very very ] (a.f t , !; ..r.: zt :;F);: in the marina. Now they have problems quite often oven getting their vessels in and out of there. The bulkheads silt up and so t'orth . Mayor F'erre: Would you give us the iiguren r-_r..ictly as to what, you're recommending that they pay in comparison to the recreational vessels? Mr. .Jenninyr; : Yes, sir. They have been p::ly i nq , the commercial vessels at Dinner Key have been payin'; Y20 per month for their dockage space. Mayor Ferre: $20 per month, it doesn't matter what :size it is? Mr. Jennings: All the slips in that area .are 40 foot slips, Mr. Mayor, so there are... It doesn't matter what $iee the vessel is. Mayor Ferre: Now how much is that per cent per day? You have to look at it as a 40 foot slip.They're paying 50 pez foot per month then you've got to divide that by 30 so they're paying 1., under two cents. I'm just trying to get all the facts out so that when we talk we have facts before us. I'd like to make a very special request of all of you. And 1 know that this is emotional and I know that a lot of you really have sore reel ::troeg feelings on all of these things but it really simplifies these type of public hearings if we hold our applause. And I'll tell you why - because if you can applaud then the .Dther guy can boo. And then you get into one of these situations where, f:eople are applauding and booing and I've seen it happen, emotions '-^giii to jet up rind I don't want any fist fights or name callings or any problems. we're protected because we're behind a bench and I can duck under here but some of you can't. So I would be very grateful if we would just try to keel this en a real factual. basis. Nobody is running for anything that I know of right now and were just_ trying to get all of the facts out and try to make a decision as beet we can based on the facts. Please keep your emotions both for and againet ,3:, r:^oeh ee yc)i _;<a nih.ly can yourselves. Mr. Jennings: Mr. Mayor, I save y:;u some wrong information. I want to clarify one point. When J. said than wa;; a PUi ` , increase that was incorrect. As I've just said.. They are presently payiuo oer month and my proposal calls for 30 so that's a 50% increase, not 100. Mayor Ferre: I underst,r; .. So in other words at it would be about 212. Now _ let me ask you another gueE;tion „u.' to get all these facts out on the table. Do you in any way di;,tingoi.;;, between pe n ie who have boats and they are living on boats to those than have 'r;o:3ts an•.i :+i€, not livi::the boats? Mr. Jennings: Well, I anticipated that question and if I may I'd like to read some of my notes that I've made. I'm aware that the last time we met on this sub- ject con nis;;ioner Plummer, in feet., requested that the administration consider an extra charge for those using their vessels as a permanenet residence based on the fact that they utilize more of our services end utilities than non-live-aboards do. We do give that idea a great deal of consideration and in fact, even wrote such a provision into one draft, one of the drafts of Chapter 50. Then we began thinking about the administration and enforcement of such a rule and we discussed it with the Marine Council and with others who are knowledgeable about marina operations. The concensus of opinion of everyone was that it would be an admin- istrative nightmare to try to manage an; collect such an extra charge. We then took another philosophical approach and can to the conclusion that in the reality the way we operate our city marinas everyone is potentially a live -aboard. By that I mean that even if the tenant does not reside continually aboard his boat he may stay aboard weekends or if he is on vacation he may stay every night for a week or two, or if he is a transient vessel passengers customarily live aboard their boat while they're at your marina. So really what or who is a liveaboard and what marina ever has enough staff to watch vessel to see who is living aboard and who is not? Mayor Ferre: Mr. Jennings, then the answer is no. Is that correct? Mr. Jennings: That's correct but I wanted you to understand why, Mr, Mayor. Mayor Ferre: I'm sure we're going to get much deeper into all of these things, I just wanted to ask a series of quick questions so we can get parameters of where we're going here of what you're recommending, Now you mentioned transient boats. Do transient boats pay the same or do thy pay different? Mc. Jennings: Transient boats pay substantially more. We are in the ordinance 5E� FEB 2 61976i proposing that transient .essels at both marinapay ,r foot pet day. Mayor Ferro: f that an increase? MY. Jennings: That's a tremrndous itn• roast.. Mayor Perre: What is it presently? Mx. Jennings: it is .i scale, Mr. Mayor, ranging from about $2.00 per boat per day to about. 6 or $8.00 per boat per day. Mayor Ferre: That s a heck of an increase. You've jone from 2-8 up to $25. Is that commensurate with what other marinas charge? Mr. Jennings: That's exactly why we're doing Yes, sir, it is. Mayor rerre: Ok, let m'' ask you thin: what percentage of the total is transient slips? Mr. Jennings: AL Dibcer Key we have transient slips at all. The only way that we are able to rent out slips to trannients is when our tenants are not using their slip for a couple of weeks, and this i-i customary in the marina business. We re - rent their slip and we keep Cat- deal revenue. So we average I would guess perhaps 30 transient vessels pei, 35 per day. Mayor Perre: The whole system? Mr. Jennings: No, jnst Dinner Key. Downtown the marina is operated slightly dif- ferent because of guidance that wa '.41ven to us long ago by the City Commission. We try to operate Miamarina a; more or less transient marina. In other words we try to continually have some slips available for people passing through. We have perhaps 8 or 10 .11ips each day,... ont of 17-;. We're only talking about the pleas - Mayor Ferro: Well no: you lo:t me because you said there were 300 slips in Miam- arina... Mr. Jennings: HA, and 30 of then are commercials, so there are 178... Mayor Ferro: 208, and 30 ire cc;-norsini. Ok. And out of the 208 there are 8 that are traient. Mr. Jennings: Eight or ten. Mayor Ferre: And 30 averaging here because of people who vacate their slips for a short while. Now let me ask you one more question. Did you take into consider- ation the distinction between pecple that are residents and taxpayers of the City of Miami and those that are not residents or taxpayers of the City of Miami? Mr. Jennings: No, ;ir, we did not. Mayor Ferre: Is there a r1p.7on for that? Mr. Jennings: Well, I gave it some thought and it wa my thought that we do have marinas in Dade County, wr, do have marinas, we have ono going up at least in Miami Beach soon and other commiirdties... Mayor Ferre: Are there any in Miami ieach at the present time? Mr. Jennings: There are none at the moment. Mayor Ferre: Are there any in Coral lables? I. assume there are none in Hialeah or any of the other municipalitie::: in this coirxrunity, so the only two operations that are marina operations the City of Miami and the county's. Of course, in the county's case it doesn't matter because whether you live in Miami, Coral Ganles or anywhere else you are a taxpayer in the county. Mr. Jennings: They operate a marina entirely different than we do anyway. They do not operate a marina in my estimation, they operate wl,at T would call a wet storage facility. In other w,rds you may leave your boat there, you may not live aboard ever. They close their gates at 6:ori P.M. every night and it requires less staff. They do /kol prc,vide tJldt we provide and so forth. They have no mail service... Mayor Ferre: We have 20:; anj how many n lUnner Yey? 57 Mr. Jennings: 370, sir. Tleer • -err. 425 :lips between Dinner Key and the Under- wood property. That's a total of 42S, There are 208 downtown and there are 44 at Watson Island. It is almost 700 r think. Mayor Ferre: 677. All right, let me ask you this. Which by the way, for a coirnun- ity this size, a water oriented community is really very small. We ought to be ashamed of ourselves. We ought to have twice~ that. And one of the things that we really ought to get into, Mr. Andrews, and I hope it is before you leave and before you retire, I would hike very much to schedule a real work session here to figure out how we can build 500 slips in the next couple of years in this community. I think it can be done, it's financable, it's self-li'uidating and we ought to be getting on with that job right now. Mr. Andrews: And one of the interesting thins, as a result of the last meeting, the prior commission meeting, we're moving ahead rather rapidly with the proposal on the basis of Dinner Key to get private enterprise... And then if it works in here it undoubtedly Will work other areas in the city so it can become• a very inter- esting concept and we might be able to expand. Mr. Jennings: Mr. Mayor, at the moment at Dinner Key Marina we have 475 boats on our waiting list and our turn ceeer is about three or four per month so you can figure out that that's about 10 years. Mayor. Ferre: This is not a matter fo:: -?i.sc.us<;ion here but I think it ought to be in the back burner in the back r,i- our minds. What do you think is the demand for marina space? You say the waiting list is 450? Mr. Jennings: 475, Mr. Mayor. Mayor Ferre: And you know there may be a lot of people, it's like public housing there's a waiting list of 19,000 but I guarantee you that another 19,000 who haven't bothered to put their names on the list... Mr. Jennings: We haven't even had the list open for many many months, we're not accepting new names. Mayor Ferre: Out of 677 exe lur. i ng the commercial vessels which are about...65, so let's say it's a 1ittlo bit over 10. Witi-, the exception of those 65 the re- maining 612 or whatever it is, what percentage of those people who own those boats have their legal residency- in the City of. Miami? ,, Mr. Jennings: At lnr;c-�r :Key r:.'�-r�� ,.�r7' -:�, families that have residence, either live aboard or have a residence within the city. Mayor Ferre: 224 our of 425. Right? Mr. Jennings: Yes. 92 Dade County tenants and 10 that reside outside of Dade County. Mayor Ferre: outside of Dade County? In my arithmetic that doesn't make up 425. Mr. Jennings: No, apparc':tly we were not able to get the data on the other few... Mayor Ferre: 1'11 give you the exact count, that makes 326. Mr. Jennings: Well, now there are .id eonunerci als now, by 3&0. Mayor Ferre: So it might bey 224, it mieet Fe less. Well, it couldn't be less obviously it could be more because you've got:: 64 missing. Ok. Mr. Plummer: But of the 224 of them how many actually use their boats as their only residence? Mayor Ferre: How many really honest to goodness really live aboard, not one week- end, not one week? Mr. Jennings: Mr. Mayor, as 1 explained :earlier, how do you count? Mr. Plummer: Very simple, the: question that I asked you, How many of them are there of the 224 have a residence... tax. Jennings: There are very few i ve-aboards. Mayor Ferre: Yes, but now many of those 20r3 down there minus the commercial veS- sets axe residents of the City of Miami? Mr. Jennings: I did not compile those statistics... Well, they're available, just don't have them with me, Mr. Mayor. Mayor Ferre: Well when can you have them available? Can you call up and have some1 body do that right now? Would you do that, would you send somebody to do that Mr. P1unner: You say it's been seven hears since there's been an increase at Dinner Key. Mr. Jennings: May of 1969. Mr. Plummer: Cali it 7 years. What is the electric increase in the last 7 years? Mr. Jennings: Light and power increase has been 21 2%. Mr. Plummer: Ok. People who live aboard at Dinner Key as their sole residence that do not pay Ad Valorem Taxes anywhere else, they do not pay a city, county or school tax. Is that correct? Mr. Jennings: I assume not. Mr. Andrews: That's curt •t- Mr. Plummet: In other words if they Nave children in school and they live aboard at Dinner Key they do not pay a school tax which is uo to a total of 30 Mills. Is that correct.? I think it is 10, 10 :and 10... I don't have a comparison here, you say the county does not allow any live aaboards at all in any of their facilities. Mr. Jennings: No, sir. tir.. Plummer: How do these rate:'; compare Lo the recent increase in county rates? Mr. Jennings: The county has been getting SC per foot per day based on the size of the boat. They proposed, and I don't know whether it passed or not they withdrew it and deferred it and so forth, I don't believe it's been passed yet but they are proposing 6C per foot per day based on the size of the slip not the boat. Mr. Plummer: How do these compare with that? Mr. Jennings: Well, car: ,.rc,p,ed new rates at Dinner. Key would 7.4 at the low and 8.9 for le nigh whether you lavi.: :hoard or not. Based on the logic, or assumed logic at least, that 1 •2..pe,ur;,je•e a e. minutes ago about live-aboards at Miamarina 7c for the low and 10.4 i or the 11141a. Mr. Plummer: When you brought this up before we had a comparison sheet to that of private business. Is there one: in this package? Mr. Jennings: Yes, sir, there is on the last page, the Justification Sheet #2. We provide you with four examples. We provided you with only marinas we felt were similar or compare.►ble. We aid not want Le mislead you by including marinas like Bahia Mar and Pier 66 wnich have a lot more amenities than we do although I will tell you the truth, I think Dinner. Key is probably as good a marina as either one of those because we have location and they don't. Mayor Ferre: For those that are laughing about. this, I guarantee you they charge a heck of a lot more. Mr. Jennings: Forty-five cents per ;uoc per day. Mr. Plummer: Forty-five cents where? Mr. Jennings: At Bahia Mar and Pier 66. Mayor Ferre: is that for people that have yeaz round contracts? Mr. Jennings: That's tor everybody. Mayor Ferre: Porty-five cents? Mr. Jennings: Per foot per day. Yes. Mr. Plummer: The Four Ambassadors gets 50c a foot, they did. Mayor Ferre: Well, that doesn't sound right. 59 FEB 2 61976 fri Air. Jennings: I've al)1?car ' t �' given es.Error,^aat3_oe from the heads that are shaking, maybe someone would like lJ t'" that. But at any rate we've eliminated those, we're not. even... I'm just- itayind that perhaps they're out of our class so we've given you rota- marinas t.il3t. roughly compare with r,nr.-s. Mayor 1•'l'rre: Well .any way you slice it what yea'te saying is that Bahia Mar whether it's 45e; of net it. is substantially mere than :'. up to flail`. Tor. JcnrliWert,: Ne uun:;tion about th:r! . Mr. Plummer: Where is Gi.lbert's Marine? Mr. Jennings: It's in the Keys, sir. Mr. Pl.um;aner: Clark'_, Mairia is i'silt art-.;n: here? Mr. Jennings: sir, ove? ' 1 rt: s Montt 's . Yes, Fiat:, t t'. � 1. � y Mr. Plummer: Monty' :a Mi.. Jennings: ?es , they a - increase within.... Mayor e'erre : 1 know he fltl. t here might know. he clrLrOe extra fot that? toot a day? n g rl-_' 'r,, sin, e then. I think he had a recent >, because he told me. Maybe somebody boos the '_ include live -aboard or does Mr. •Iet:nti;rtt.: ii<'', str. _that 1n'_ lii'1':; ii', ali..arus. Mr. 1` l .tmm' r : 1 W a dray ant: no live-ahoards. So they don't have to i-ro id''.' any kind C._ tr.trn;''7'.., services there whatsoever. According to this Merrill-i :ens is not live-,d ..1 -cl. Mayor }'erre : That's what we're talking about. Now look, if we start this we're going to get into a mess... Ite any of yeu want pods or writing paper? You do. Anybody else? Mr. Plummer: .Wo other ,S:a'.,t:,'!1:;. te t a fair statement even with the proposed Increase Lh it: the ei ty's rates abolr'- u:ii.i" as apposed to private industry? Mr. Jennings: 1 think :;o'. Kr. Plummer: EvE_'rl with the _ rop.,_ .. ,"-eesi. Mr. Jennings: Yr•:;, sir. Mr. Plummer: Ws' I want t:..) ask a C.1e:.ini.te question. This relates but not to this present situation. A man mama a statement to me, and I want you to verify that it is t:rue or not. Hr' had his boat docked at. what I'll call Underwood Docks, whatever the proper name ot it i.s, who indicated to me that he was very happy with the dock- age. He had a sailboat there and he was paying $97 a month. The city came along, bought the facility, spent some money fixing it up and informed him that there would be a rate change and the rite was reduced to $25 per month. Is that possibly cor- rect? 14r. Jennings: That is undoubtedly t. r.:c' because we have a city ordinance on the books that governs dockage rates... Mr. Plummer: You know what th;3t.':.7 i.t•• it's called going to the poor house in a Cadillac - that's what it's edited. Mr. Jennings: We nave a city law that. :3cv•ern:; .lockage rates and when we bought the mrina we applied the city law to the dockage rates. There was nothing else that we e ould do. And this is the very or.dinanee that we are now trying to change. tMayor Ferrt-: In refer~',.7e to one cf the eieeeilons that Mr. Plummer asked, his first question to Mr. it,nnir:ge, '.cu said that there hasn't been an increase in 7 years, since 1969. That.'s close enough, :';I. point whatever it is. Ok? Seven years. Now you also said that re that time that the: utilities have gone up over 200%. Now you didn't just find that: out did -ou? Mr. Jennings: Nee I'm iware l.hAt th•:'' e heon going up little by little if this is your point.. Mayor Ferre: 13r.dtiSr. my 1 or nt is based on the question 1 want to ask you now is: 6(i FEB 2 61976 Why has the administration of the city wL brought this matter up in the last seven years and why did it wait until Commissioner Plummer? Mt. Jennings: There are answer;, to that. .t1 democratic :;overnment requires that it is government by committee and someone once said that government by committee is no government at all but I really don't believe that. It is very slow govern- ment, however. Mayor Ferre: {;even year::; long. Mr. Jennings: Well, let me say one more thing and that is at one point I tried to institute a dockage rare increase ,cavern 1 years acre. It was at the time that the federal government had put a price increase freeze on and it was the opinion of the City Law Department_, Jeck Rice at that . time than, for that reason we could not insti- tute... Mayor Ferre: Jr. Jennings, Jack Pice hasn't; been in the City of Miami for about siX years, five year., four years. When dl.''1 R._e retire? Mr. Lloyd: ___24th, 972. Mayor Ferre: 72 is four y .r.: ago, so ou're-: talking about Mr. Rice... Mr. Jennings: I don't know that. went off. ;:oi;i :i;l.i .rg wi.+..h the time the price freeze Mayor Ferre: Mr, Jennings, I may Le the ohly one who feels this way here. but your answer is absolutely unacceptable because for you to stand here before this commis- sion and say that government here functions by committee and that that is the reason why iti seven years despite a 20(;% increase In utilities and salary increases, etc, etc. that this matter has not been hruu:};It up by the administration, not by the commission, I think you have a moral ar.0 an indeed I'd say a responsibility by the Charter to act in a responsible form. : rr 1 'r.: addressine that to not only you but to all of you in the administration, Ycr you to answer that it hasn't happened because government functions by committee doesn't speak very well, I'm very sad to say, for the City of Miami and that eede:ies me a; Mayor and this commission and all of us put in the same hoat tocethe . That's just an opinion. Mr. Plummer: Let me correct one '. ir.t.n'; , `1r . J enninq , that's been brought to my attention so that the rocs. 1 is !air. At !lnderwood previously there had been a • full time seeuri ty guarr1 I ' m t not: there now and there were other amenit- ies. Underwood is not l_oo:.e'4-1 ,1.t le g'al wti o,e you cannot even get access to your boat 1 am told. Is this correct? Mr. Jennings: At midnight. Mr. Plummer: Ok. Well it :;hou11d t,+_ par'- of the record to make it fair. Mr. Jennings: Well, we're not porm t.ti ny iive-aboards at Underwood Marina. Mr. Plummer: Ok, I just wanted to be fair. This helps in my mind to justify the drop from 97 to 25, not: all the way but some of it. I think I asked the admin- istration to get me thy.:; answer air.1 if not 1 can get it real quick like, what is the minimum electric bi].1. in Dade County? I think it: is $10.47. Am I correct? Can you call Florida Power and Light for me? I think the minimum electric bill is $10.47. Now don't the bulkhead butts here- have availability of electricity? Mr. Jennings: Yes, sir, they do. Mr. Plumber: Ok. So in otl:or word:: they're :,eying what, $ib a month now? Mr. Jennings: At the moment ?�•. , Mr. Plummer: A11 right, so of that If I'm cc:iee they're actually paying $14 for dockage and $10 for Electricity. Mr. Jennings: Yes. I would just like to •--:y one more thing with regard to the Mayor's statement. Perhaps we heve been derelict. in not do3nc this sooner but if we can pass this ordinance this sit.n;ti.on should never occur again because the dockage rates will be adjustel a,' um_lr.ically each year based on the new budget. Mr. Plummer: And in f;iirnc::;s to ou, :low i ng has your department been in existence? Mr, Jennings: Well, I've boon associated with the marinas since .... The Public Facilities Department just about a year and a half. () FEB 261976 Mr. PluMmer: Ok. 'lh•-11 ‘.., • p. that you were charged with. Mr. Jennings: Yr::, sir. Mr. Plummer: What is the over i1 1. rate increase percentage? You said that salaries were 591in that period, electricitv wa: 212 In that. period? What is the proposed rate increase percentage overall? Will it 1,1ise An additional 30%? Mr. Jennings: uf rev+•nue Mr. Plummer: Yes. 7s 30% overall a fair figure? Ts 40%, the proposed new increase? Mr. Andrew::;: I would s.3y between 3+) and s5 would he an .average. Mr. Plummier: 351 increase is },i dp.3rs o•;er:a11 ir.•-r".ise, is that correct? Mr. Jennings: Well this is not lhr, fr::;•e%l::'- that t-lv' tenants will sustain. In other word; their dockage r,:a'_de in me us,-- )o up more than that. Overall, at Dinner Key for the bulkhead + p, s:;la t i s the ones on the bulkhead and the ones on pier 1, thn average 1,11 1 i:= 'r,. On the piers, that is the ones with the finger piers what we call t_n,y rr_1r de.sirblc: slips or whatever term you want to use, 671. Mr. Plummer: Ok. Now the t'_r, s 7 last year make money C'r lost` ri:r.t2oy lose based on all costs? r,,,, 1 want your opinion. Did the docks did it make or how did it Per. Jennings: Using tht method o`. i.;; 1 r; . ; l i:adi.r.?ct- costs I calculated that we actually lost monoy last year, on the marina operation. I don't have my calculat- ions with rne, I'm sorry but 3. pan l'r vide theta. Mr. Plummer: [)+^erg the i igu „r, ri1a+ v;-,:; have now in the formulas that you used, does it show any return on is estrn nt all? Mr. Jennings: The ret:urn en 11-1 .;tr.rrrt: ,omes from the transient vessel revenue only. Mr. Plummer: That:':, i k:,ow the percentage of return on investment? Mr. Jennings: F can c iv: ,u estimate on t:he dollar. figure. Mr. Plummer: Can't you ter, 1 , ,.a ? .Thou:e in percentage? INAUDIBLE CONVERSATIONS Mr. Andrews: We'd have to go back _:nd re':aptt.re all of the costs from 1952 for- ward as to the cost of the marina. Mr. Plummer: Has any consideration or was any consideration during all of this year long of negcttations given to the lossibility of alternatives of individual meters for electricity, a +?arbage tax as they pay in Metropolitan Dade County for the people who live aboard as opposed to those who do not? Mr. Jennings: Consideration 4as given -o «lectr.io meters, it has been considered many times. In fact, it was the Public Works Department's concensus of opinion that this, and they apparently looked .i?;t.o this with Florida Power and Light and so forth, that it was prchibi t iv:r.ly . x:. rr.;i ✓+:. Mayor Ferre: Let me ask you a questin on a philosophical thought here on all of this. Now we provide a service. Tr is a good service, it's a needed service. I'm for increasing it. We ought to have 1500 boat d0r:ks here because that helps not only the people who boat but. the gencral c:"7cf.o`r.', of the city because those people buy things and use our stores and .gay yroce::iss snd what have you. That's good, we ought to support that. Now, we have other S.:'partments or authorities that pro- vide service. For example, one that comas to mind is the Off -Street Parking Author- ity. You provide boat slips they provide parking spaces. Now the Off -Street Park- ing Authority doesn't pay taxes, you don't tiay taxes. Does Monty Trainer pay taxes? He pays taxes, doesn't he, Clark Marina? Does Merrill. -Stevens pay taxes? Of course, he's leased property so he doesn't pay taxes... Mr. Plummer: He pays tax on a profit hut not on property. M.r. Lloyd: And pending / t;..• result f a lawsuit he may well he paying taxes on a lease -hold interest too i::.?cause there is a statute on that. FEB 2 61976 0 Mayor Ferre: All right. Se ie etoel wcole let's not take one where he's leasing properly but one like for example a privatc marina like Clark Marina down there, Monty Trainer. He's paying teees ee'e ece t.e compete with us just like a priv- ate parking garage pays taxes to tne City of Miami, to the school system and what have you. So that marina isn't pa.iing ely taxes. It's not paying its way, felt- exaMple, for the school system but it ntavides A service just like the Parking Authority dues. Hut the Parkihg Authonitt, iaaues bonds and they make Money. And with the money they make they provide m paikina spaces and every year or every three years or four year: the rates go Ap and thcy make a little money and they put up another parking garage and another parking garage and another parking garage, Now with the exccpt of. Miamarina the aity hasn't ,_ione that; it's done it in one occasion it did it very well. No.. fwe had had a Tiailosophy of approaching, I'tn just putting this out as atnought, if we had a philosophy in this city of approaching the parking of boats the wayw'pprah the parking of cars we Would have built many many more boat locka and lra':tead of - waiting list you would have 475 more boat slips in this city that woald if we had approached it with that philosophy doing the same thing tlat the Parking Authority is doing is building up the kitty to build eerne mere se hat it could service the community. And I just think that as we talk aboet aii of this that you know sometimes in our society we have a tendency which I'm eure yeU've all een, that once we make it we want to close the door and let tie ether quy - once I'm in the heck with... I've seen it in restaurants and I do i. ell the time - once i sit down 1 don't care about all those people standing taere weitiee for ;iy tahle. I'x just going to take my time and enjoy myself because I Walt? laaarve tea enjoy that table. And I,don't have too much of e thong'at dhcan.. taat athar familyc is sitting there waiting for my table. Now I'm en',te that, ia a free ecantry. But you know there is a great, and I'm not goi? ta phi7osophize beyend this, but there is a wonderful saying in the Li1ie and not Jewish 1-nit I love to use it because I think it really exptesses oemeth ':hat ie very baeie to America. And that is - Hillel said this 20M years ago, ":f I'm net for myself who will be for me?" that's good, that's part of *Smeriea. eeeee sfe,ene as a nation doing that. But if I'm only for myself then wh.s,t 17n1 as.d this, i and gentlemen, as you come up and talk to us here ie e'he Lwe tat 1:his commission has to balance. Those of you that are al.ready ie aol tee tcL: ere eet ereenate enough to have a slip even though they may want Jr aany thousands of people who would like to own a boat and ean't efferd one Aow th net involved in this except as taxpayers. And I was juse lookiny at here, taa'to talking about 677 slips. You take out the eemmercial 'h-e we'ee ee te d little bit more about and you're down to 612 1-)t which maybe heL are peai-I tnat reside or pay taxes in the City of Miami, maybe lees. Now 1 we've eet te take into account both our 612 good friands %0M0 o. wL . , areaeated here who are opposed to the increases. We've also got to take inc.: ntecaaa t a, that would like to have clips and that we ou.jht to be building e._iee :Oe ee e e, cake into account 350,000 people of this community wily pay taxes .eei .,eivioes, Now if half of these boats are Miami based families, tieee are ii7Tati taimilies that live in the City - over it's 120 some odd thousand aeeerdiee !a> onr census figures. There are 120 some odd thousand families that live in this community. You're talking about 300 and soum odd families. So I read yee and we're geing to take you very seriously and listen to you veey carefully ite, you keep in mind that when you're talking I'm also thinking about the others that are involved n this picture. Rev. Gibson: Would all tree poople wh aYe here on this matter agree that we have been slow and late in effeatuating an increase? Would all of you agree to that? Anybody who disagrees raise yeer hene. You disagree? '!ou say we have no business increasing. Ok, I want to make eere I anderstand you now. Now let me ask you another question. Look, obode ie going to 1-iave to worry about what I'm thinking. Ok? Let me ask a couple of oLhee eeeetione. Have eer light bills increased recent- ly? Have they? Have our light 1-etce 'aareased iecently? Man, you find that light bill for me because I'n the pastee ef e -hara and our light bills have gone up 200%. I'm going to teil you thaii. eeebody haae rehts? Has rent gone up? Sure they have! How many of us have beeynt cleth;ne letely? Mr. Plummer: How about; automobile insnraaaa. Rev. Gibson: Well, I'm going to gat to that, :!QW "eany of es has bought clothing lately? ii4S clothing gone ap? Maa, don't toll me. You know I'm in the kind of clothing business that 1 :Juy kind ef .hey declare we are in a select group and so they sock it to ue. 'You've honi than song, "Sock it to me Baby," Ok. The church just gave me a net,: aat bat yeu know what, i got the insurance bill recently - my God! No; you keew jeee yoe, e%e prayer I gave this morning you should have been here to !leer it. it was eennared around prayer. "Lord, teach me to love, teach me to aeeepe lava, taach me tc give love." Ok? Now man, if you don't want no increase you ain't in naae cf that. (INAUDIBLE COMMENT) Oh, inter- esting thing - you're Leyine we'le to .it. iui the county is twice as high as we are. And I'm interested in to tell Me this, Mr. Jennings. FEB 2 6 1976 I'd like to know what per:cc:ht.:kg- ot wh,r, .,avo slips live in the City Limits of the City of Mirr i.. That wr»:;e want to know who we are subsidizing. 112 nut of Firstand old.. Mr. Jennings: No, out of 370. Pev. Gibson: Live. aboard, C;k. ( T.i1t1UDI.i3LI: `"O"'iMt iIT ) Weil alright, let me do it. Let_ me t:ake the nn anti odd over against tee (rig^, ,.tbout one third. Mr. Jennings: In Dinner Key thr'rr aro eboel :ele families out of 370 that either live on their vessel or have is resicic'rv'• in It , Mr. Plummer: ...::r, really you're I ai . 111,1 al)(,,:! INAtUDIBLE Mr. Plummer: You pay that sir, ..won _'. iI •iwtted a house, If you owned a business and a ?rouse you'd pay on both. Rev. Gibson: Right_, you have dra1�10 ... If you own two apartments you still would pay. Now all T'm s. , iri l : o t`.,_;t. everybody would not be disappointed this afternoon, that when we Tt t. r-hrough Theoeore Gibson, I want to serve notice on you - I'rn not saying how ranch i)u` Cod known 1 think it is important that we in- crease. You know what is very i t tr, strange? That you don't have your own light meters. Isn't. that e :rt vee Teat isn't .::eertant.? Now the difficulty in having your own light me'.'n:s . .. Via, bit:.hits whit you're doing - sir, I love you but I. wish: the city would pay ;r ;ant,: :;nice for me at the church. Do you follow me? And for that right and privilege, 1 just want to be sure that every- body hears me this. afternoon, I'm not trying to gouge anybody but I just think t:hat we must: he realistic and face ! i; i :: ± h j ne es it really i s . Mayor Ferro: Ali right, lee' e et. nee. le lee public. hearing portion and you will have your opportunity to z;pr-:.tk. Mrs. Gordon: '4r. Mayor, I'd like te say now I must leave at 0:00 O'Clock. I have `o be somewhere and that', :tn h- ur ,any: 4 minutes. Rev. Gibson: So have 1, Ro i . Mayor Ferre: Well, let's or, are there any other speakers besides the 12 that I have and I've adeed Mt. Dirk Hide. Ted anybody come in late who wants to be heard? You're not on t hi:, Het? Ail i :7},t., 1 you give me your name please. ... We have a little bit of a problem here aid this gentleman haas been waiting all day and he says it will take two minutes for hi.rn to take care of item #28. I'll recognize you out of turn for two minutes. 44, PERSONAL APPEARANCE: MR, MC NAUGHTON — EARTH SOCIETY DISCUSSION OF APPEARANCE OF PERSONS AT WATSON ISLAND AND POSSIBLE D I SBURSMENT OF FUNDS !!r. nolT,er.t ee t:aurjh.rr : : enr.?ern'ar•i that fo•: efe7end thin resolution this morning and I wasn't hare, I was scheduled to come before you at 2 O'Clock and I wasn't notified but. I understand it was ee certain stipulations. Is that correct? Now I worked with you the last: time I came before you and onto of the stipulations was that I get tunds from the eounty and I got that and this is a program... Mayor Ferre: Another st.ipul:_tic n war teet. y : were going to bring people like Duckminister Fuller, that you were gc*ne to faring Margaret Meade, and I can't rem- ber 5 or 6 other pretty strong name:. Mr. Mc Naughton: They're in the record though. Mayor Ferre: And I said to you, look I know yee won't get them all but if you yet two or three of these people that':: great. That's why I'm willing to come up with $13,000 for. Earth Day. Now I'm otickinq with that. me. Mc tneuglt!:or : eight. e i ! , I have _ t.a,c•,<:d t!.ese people. A number of them will be out of town, some of thew eave contacted Margaret Meade, she's involved in the Earth Day Pro ran in New York which is being eer,t'. 31nbaliy around the world by radio. I contactee Beekmeni: ti•r• Fuller, be was jest down here for e ;,reek he'll be in Singapore ut this time. I to r eve r'eemitner;t s from other speakers. Rev. Gibson: Sir, let me asr: you; I t:.houiht where you were here it was expressly stated that you ware cloine to have ;:hose people and you were going to commit them not contact them. Mr. Mc Naughton: No, I had ,. Mayor Fern`: You hadn't yr:'nt jr:tee these people? Mr. Mc Naughton: 1 had '-•r;t,tact . t her. Margaret r;<ede had told me that she would be coming down but... Rev. Gibson: Do you have a c• ,mrni t: ent? Mr. Mc Naughton: 1 had a commitment but I had .it: verbal and she has the program in New York which w.:te not go.ine .ir and the world. her situation... Mayor Ferre: Mr. Mc Naughton, I won''t argue with you... You had a list of eight or nine pretty top name people and if you can get two or three of those that satis- fies me. Mr. Mc Naughton: I have Attorney eee r[3i. Rob rt: Sh v,in, 1 haee Astronaut Edgar Mitchell, the sixth man to walk on the moon. Right now we're negotiating with Nathaniel Reid, Assistant Secretary to the Interior who will be down here at that time and we havr. Dr. Erin Farbe!: who is the leading solar researchist at the Univer- sity of Florida. We're w ee .i , the Dade County School System, we have a free contest involving the entire :,c eeoi system. We have a number of local people help- ing and we're trying to make' tho eulalac more ; were of environmental matters that they' 11 be acting on in the ehort time., Mayor Ferro: Now you put me .n a sl-e because if I vote against this then I'm going to get a phone call from Bob Shevi:n ' ellieg me that I think Buckminister Fuller or Dr. Meade has some kind of a speelai swey, but the truth of the matter is that that was an impressive list of people; you're reading now people that are Florida oriented and if you rjo back to the mi.n:rt e... Mr. Me Naughton: Well, we heve another man thFt I've contacted and I'm sorry that Manolo Reboso is not here. Mayor Ferre: Mr. Mc Nauchton, yee go hack to the minutes, now my memory is not that bad and it was only a couple eer.•1;_; ago and you'll find a sentence that went something likes this from my mo'.rt , n:: tile. .> ec:ord I said to you, "Now you're not talking about bringing 1 c.b Shevi:r and ell these people from Florida because I ex- pect for you to get those An;'we_ tdow yo'.,',-e bringing in people that are name peo- ple that are 'joing to etve tee ri ty rat r,?i :mi r-ccognition, "and to me and here's the way I. voted for it, $1300 if yeti eet eeekminister Fuller down here or Margaret Mead.. Mr. Mc Naughton: Whet` about-. earkic e eteee er >am;ny Levis Junior because I'm working with them right now? Well, they're sir: we for the public. Rev. Gibson: That's _just: U-.e f said, well I've asked the presiding bishop. And you know when I write in the letter for you who are Episcopalians .., Dear. Ted, I received your letter inviting me te_ come down to Miami, I want you to know I deeply appreciate it, unfortunately I have ernotht2r engagement. Trust this program gues well. Mayor Ferro: Look, I've expressed my feeling on this. What is the will of this commission? Rev. Gibson: Mr. Mayer, ment. I ee l like th i ; qc:n eleman ought to keep his commit - Mr. Mc Naughton: Well, we have a man I think is in the caliber of Buckminister Fuller and that is Professor M. Mc Berg, and r have an article here he's been written up in the Wall Street: Journal, he has been nationally recognized. How do you deter- mine who is nationally recognized? Depending on now you're thinking. Mayor Ferre: Well, let me put it to you this way. When you say Dr. Margaret Mead 1 think that's a pretty heavy name and I forget the others. You had about four or five that were pretty heavy names and that's what I went on. You know we went on the committee here, so whatever the will of the majority is. Mr. Plummer: The Commission sp;ke, Mr. Mayor, when we... Mayor Ferrer: All right, is that a motion? Mr, Me Nauehton: I'm trying to i-:->ic: the public with this program and that's all. I'm not trying to take the city'a, money and I think the county understood that and this is a total cor.cnuni ry pro' i am. Dal FEB 2 61976 Mayor Ferre: What's the will u;: 7 :::: umrc1 sicij ? lon't hear anybody else so I would assume then that ' T vc� r��xpt-r;Si;rru the n1ai,,rsty s opinion. Is that correct? Mr. Mc Naughton: Our whole: program really depends on your decision. Mayor here:: well , our de i.::i ;r, is 'hat we voted on a firm commitment and we will !lee ul, to that commi r tnent an.-1 the Manager. .is instructed to work with you and give you the e i It;'; t e waive the fee :It Watson Island (1) , to give you administrative support and give you ; I. tort h eed on the representation you Made before this Cbflise sion. And if you isn't snake it then my friend, let me tell you let this be a lesson to you in the future about: representation. Mr. Mc Naughton: Well, the one thing that we do need is a resolution on the food ordinance and the arts and crafts and we need that passed at this time. Mayor Ferre: That has been passed. is that correct? Mx. Mc Naughton: I thought it took a vote from the commission. Mayor Ferre: It did take, we voted en it this morning. Is that correct? Mr. Andrews: We can embrace that in the commission's motion but... Mayor Ferre: All right, I will toll yu:.t,... Comissioner Plummer moves and Father Gibson seconds that this matter be referred to the Manager at his discretion on the commitment made at the previous meeting and that we under any circumstances waive the fee for Watson Island and let them serve food and help them administratively as much as we can ar.d if he meets the commitment that he made previously he gets his $1300. If he doesn't, to your discretion, that's it. Is that alright? Mr. Andrews: I just want him to Leave here with the understanding that if I don't have in my hands firm commitments for people of that type that he read into the record I'm not going to release this $1300. Mr.. Plummer: You know a firm commitment is very simple and that's a letter. And that's a firm commitment - a telephone call is not. Mayor Ferro: Let me simplify it for you, just: get one. Ok? The following motion ,eas introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 76-233 A MOTION OF INTENT TO WAIVE FEE FOR USE OF WATSON ISLAND IN CON- NECTION WITH EARTH DAY; PERMIT SERVING OF FOOD IN CONNECTION T11EF:EW[TH; RENDER ADMINISTRATIVE ASSISTANCE WHERE POSSIBLE, AND PROVIDE FUNDS IN THE AMOten OF >.1, 300.00 TO ASSIST THIS PROGRAM PROVIDED THE PROMOTERe Or SAID EVLNT ARE ABLE TO MEET THE COMMIT- MENTS MADE AT THE TIt:E THIS MATTER WAS CONSIDERED ON FEBRUARY 10, 197e IN CONNECTION WITH OBTAINING AN EQUAL SUM FROM THE COUNTY AND THE ATTENDANCE OF 1ROMINENT GUESTS. Upon being seconded by Com.-ni :s� oner Gibson, 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. Mr. Plummer: Mr. Mayor, before you start into the public hearing, since an express- ion of this commission has already been said that they have to leave at 6 O'Clock will take us from a voting majority, may I suggest that everyone not related to the marinas still pending on this agenda be released? Why make the people from Stone sit here knowing that we :lave an hour and a half of testimony? Mayor Ferre: Oh, I tell you that's important we need to get into that. We've got an hour and ahalf of testimony but I hope that some of you will be kind and if you have something to say say it quickly and get off the microphone. Let's get started and we'll see. Gf� FEB 26197 45, "SHIPPING VESSELS & DOCKS" - ENACTING A NEW CHAPTER 50 Ms. Mary Smith: My name is Mary Smith. I believe I get six minutes too because I'm going to speak to both topics. My name i:; Mary Smith. I'm a physician and a boat wife. I have lived, voted and pay taxes in fade County for ten years. 1 was delighted to hear that Mr. Mayor wants all the facts. I have: some facts. Chapter 50 is full of regulations c'f restrictions. However, it is remarkably lacking in items covering responsibilities of management. I'm sure when Mrs. Gordon when she is at home ,he ie eot limited to two small appliances to cook her dinner, she does not have to turn cf t her water heater if she uses a drying pate and a toaster ovet, she doesn't hear her vacuum cleaner ch,cne., nele eveyt ime somebody plugs something in, she doesn't have to turn off her hFeat. or .,i r conditioning whenever she wants to cook something. The electrical currents in en'- of Mr. Jennings' more desirable slips is frequently 30 amps at 98 volts. That is electrically unhealthy. I'd like to point out one can only use and be charged For ;:he electricity that is available to one. I could wax lyrical about the state of the showers and the lack of hot water. The city collected twice on our slip for three months last year - that is unfair. These are but three little instances to illustrate deficiencies in Chapter 50. Mr. Andrews made mention; of sortie code that will be set up to accomplish improve- ments. That is not enough. Chapter :;a is severly inadequate in its provisions and it needs to be amended be_:._,_. °' e : neide red, ,ever mir; passed by the City Commission. It would be derelict for you to lea, c if the way it is. i strongly urge the ConnniS- sioner> to protect their c hst_i.toeni.;, , ocar;,t' d .hey are a minority, by insisting that certain responsibilitiee of m::esacmeet: in.iu_ed in Chapter 50. Thank you, I'll speak to the other pc r nt l . t_o f . Mayor Ferre: You're perfetly will 1'. t , [ ' lh; n7:;4 while you're up. Ms. Smith: Yes, I'm really in, I yan t_eli you that e::leetricity really gets to you after a while. You can't 1,e y t . : what you don't have. Right? Or you don't have to pay for what you ,don't have. N+ w cone_'c rninq the rate increases, the city doesn't try to make a profit out of it:; other r"ec;:e atiena>. facilities. It is, in fact, making a profit oat of Dinne_>r Key, J00,, JO a year for the last six years. I think maybe it was $84,000 last year but anyway it is making a profit. We're not free- loading, we're not being s:rhi.:.i.'':'+i, we're j',L,ylrtt1 our way. And to single out boat- ing citizens for excessive profit: >_.ems nntelr. Now there is a shortage of slips as has been mentioned many times and i.t.. ' ; legislation by this body and others that has led to this shortage of s i ips. No;: you're being asked to pass legislation to make an unjustifiable pre.`.:' frnr e0.i.:; situation. To create a monopoly and then to exploit it is irnrczozal. my last iT the bio increase will drive out low income and retired people of 'f:lr ...:. there it = man-, ;.n the marina and it will change the whole character of tale marina. it wa li , ,,, t., k.._sr i.bty turn the city marina into an exclusive haven for "fa" ,t._ ;x,p. I've made some points here and it's a serious business and even if it ,, *.eet:, ,, small number of people. I think you know, be very careful. Thank you.:. Mayor. Ferre.: Mrs_ :"smith, may 1 avik yoo, are you a resident of the City of Miami, do you own a hunt here? Mrs. Smith: I used ec. erWn a home in coral Gables, not in Miami hut, as you know, the various aspects of nui ne ;s have fj i lee. h .real '_i i n the last two or three years and when you have to sell your house and live on a boat, you know maybe that's the way to go. Mayor Ferre: I understand. And you are ..ow iivl.:eq ea the boar:. Mrs. Smith: I live on the heat, yt' . Mayor Ferre: I see. All right, chunk you, ma'a:;:. All right, the next speaker will be Mr. Jeffrey Brock for six minute_, ON bot:h the ordinance and the rates. Mr. Jeffrey Brock: Thank you, Mr. Mayo,-. Dr. Smith has put the case very well and I wish I were as lucid and beautiful as she is. I'm Jeff Brock, I'm a Canadian. Five years ago 1 decided to briny my family clown o live in the sunshine and we arrived here three and a half years ago inta this beautiful City of Miami having previously selected after casing the joint very carefully, having previously selected Dinner Key Marina. We made reservations, I purchased an 80 foot yacht down here to accomoodate my family and we havo hr' n ensconced at the end of Pier 2 since that time paying the highest rental in the nariaa and in one of Mr. Jennings' choice spots at the end of a pier where everyone else gets first whack at the electricity and we have what's left. Mr. Mayor. there area no J. P. Morgans living down here, there aren't any hippie,, we're a general cross section of reasonably decent cit- izens. Many of the j;eep:ee hare- do .:awn properties either here within this jurisdictions-• [(�,` C_) r FEB 261976 or elsewhere within Florida or in other countries. We live this way because we choose to. I'm speaking here against the rate increase because I am one of those of the Tenant's Association who is grossly offended by the attempt being made over the last year to impose increases upon us which we believe to be unconscionable and unjustified for reasons which I. would like to explain. It was just one year ago tomorrow that there was first reading of Chapter 50, the original one. It was so bad, Mr. Mayor, so had although it passPd the City Commissioners and was approved by the City attorneys(the first readint) on February 27th. It was so had that it had to be extensively revised. Mayor Ferre: That's why we have second readings. Mr. Brock: Good. Well it took longer than would normally have taken between that and second reading. What I'm getting at is the revisions were so extensive that we had to go back to square one again. I was helpful., I hope, to Mr. Jennings and others concerned because the concern of the tenants at Dinner Key was so great that tey decided to form a Tenant's Association anri I was left carrying the can for this. I did a considerable amount of work and investigation. I interviewed each one of the commissioners with the exception of yourself, I tried two or three times but we always seemed to miss. Let me tell you the nature of soe of the errors in the draft that was first proposed. In Section 50-7 it made it unlawful for anyone to jump into the water and rescue a drowning person. Section 50-10 prohibited the use on board of any propane or kerosene cookers or lighting a cigarette lighter. Section 50-47 made the tenant totally responsible for the safe condition of all the premises. Section 50-41, if you can believe this, made it totally unlawful for any boat to dock at Dinner Key Marina. Now these facts can be verified by comparing what was originally presented to you for passage and what you now have. Many of these things have been corrected but we still have with us the question of Section 50-78 which deals with rates and it is as bad or worse than was first proposed. In my examinat- ion of all of this and discussions with tenants to find out what their feelings were and with the commissioners and with city officials I disclosed a great number of points, very few of these I will refer to now. The tenants are concerned about electricity. It cost me about $4000 to alter the electrical arrangements in my boat when I first came into Dinner Key Marina because what I had been promised was not provided. Shower and toilet facilities have been inadequate for years. I know this of my own knowledge also. When we first arrived there was a ban within my fam- ily against my wife and two boys from using the toilet and shower facilities. My boys are now old enough to take care of themselves and my wife, if you know which one she is grows younger and more beautiful every day. We were very concerned about lack of security. We have signs all over here, if you poke your head out the window right now, Mr. Mayor, you will see i)eople fishing over signs that say, "FISHING STRICTLY PROHIBITED, Police Order". Yaz, will find people wandering up and down and peering in our livingroom windows past the signs that say, nobody is permitted there. I with you, take strong objection to the presentation made by Mr. Jennings. Your city accountant, Chief Accountant., Mrs. Betty Harris has provided for us a total break down of the financial accounting for Dinner Key Marina operations. This in turn because accountants differ in their means of presentation was redone in our , taken again to Mrs. Harris whose blessing was given to this as being fair, hon- est, forthright and factual and I checked with her again this morning and it portrays this, Mr. Mayor, that over the five year period 69-70 to 1973-4 your total operating revenues were $1,281,626.00 from which we deduct salaries, electricity, water... Mayor Ferre: Mr. Brock, you are extending yourself beyond the six minutes. And I'll tell you what I'll do though, if we don't go more than an hour and a half I'll recognize you again and let you speak again because really that's the stuff that you should have brought out in the beginning. If somebody is willing to waive their time I'd be happy to give it to Mr. Brock. Do any of you want to waive your time? Yes, but get to it soon, please. Mr. Brock: Bottom line? Ok. I'm afraid you're rushing something that we might have accomplished a year ago. The bottom line means tha over this five year period your total net revenue was $638,311 and in capital outlay you put out the munificent, magnificent sum of $937 leaving you with a total profit of $637,374 and under these conditions we believe that the suggestion that rates be raised is intolerable and unconscionable and believe that some of the other additional factors about rising costs and electricity do not enter into it because they are calculated here. Mr. Plummer: Mr. Brock, may I ask you, sir, from the document which you read? Mr. Brock: Yes. It is a document, "Five year comparison Revenue and expenditures, Dinner Key Yacht Docks Operating Budget". It was provided to me by.,, Mr. Plummer: Do you show in that document, sir, contributions from two other funds? Mr. Brock: We show contributions, this What do you mean two other funds? 68 FEB 261976 Mr. Plummer: From the General Fund to the Yachts and Docks. Do you find that in there, sir? Because you've got to have it to have the complete figure. Mr. Brock: It is not specifically stated, but. I can tell you this.... Mr. Plummer: Hew much was it, sir? Mr. Brock: It is not •;;,o.•i fical ly here in those terms, but I can tell you this, Mr. Plummer, that I asked the chief Accountant to be perfect ly fair and above board, that we wore in fact hearing our fair share of the city i.ntrrastructure - police, fire prot.t•r,:t i.on, whatever remuneration you get, the repairs to your building, it is, all partly here: in this tund. Mayor Ferro: Mr. Brock, let me risk you a question. Do you live on that boat, assume with your family? Mr. Brock: I do. Mayor Ferre: Your wife and how many children? Mr. Brock: Two. Mayor Ferre: Are they going to school? Mr. Brock: At the university, one in school, one to th: university. Mayor Ferre: The one that goes to school, ice's going to a private school? Mr. Brock: No, he's going to Coral Gables. Mayor. Fern.: Coral Gables public school. All right, let, me ask you, I would assume that you're paying less thar, $'0c1(, for the rir_:ht to live on that boat and that 80 foot dock. Is that about right? Mr. Brock: I think it is over $2,000. Mayor Ferre: Is it over $3,000? Mr. Brock: No, it's not over 3. Mayor Ferre: All right, now if _;_oi.,'ere to sell that boat and buy yourself a $100,000 home in this conanuni.ty or Co: r i. c;at-1cs>, anyplace, you would be paying close to $3,000 in taxes. Your ei'ctric bill would 13e a minimum of $12000 a year - a hundred dollars a month. Mr. Plummer: Oh come on. Mayor Ferre: All right, 15, 16. Well., all 7'm trying to tell you is that you're sending your child to a public :school, not paying taxes to the public school system, with all due respect:; to you .and you're paying half of what you would pay if you own an equivalent type of home in this community. And you're complaining? Mr. Brock: No, sir, I'm not complaining and I think your facts are not correct or else I have been misinformed. My information is that our rates as these figures have been compiled within your own Accounting Department, our rates cover these aspects. Mayor Ferre: I'm not talking about that. I hear what you're talking about, I understand. That's your subject. And I'm saying that you are paying half of what you would pay and nothing into the school system where you have one son going to school. Mr. Brock: But, my dear sir, I am entitled to go and live in an expensive house or live in another house... Mayor Ferre: Yes, you are and everybody in Canada is entitled to come here and do that too. What I'm saying is that the taxpayers of this community sir, with all due respects are subsidizing you with your 80 foot yacht and your family and that happens to be my opinion. Mr. Andrews; Mr. Mayor, I'd like to add that from my memory there was one improve- ment in the last five -years of $200,000 in electrical work on Pier II, That's $4,000 per slip for the 48 slips that are there. Now where is that $200,000 being amortized? G PEE; 2 61976 Mr. Plummer: Once again, sir, may I have that figure from you again? Did you re= prat the figure of $1,000,009? Did I hear that from you? Mr. Brock: Mr. Plummer, I'll give it to you. Mayor Ferre: While they're talking, let me just say into the record that the school system of Dade County spends close to $2,000 per student. Mr. Plummer: Mr. Mayor, let's make the record very clear, of the figure that this gentleman just spoke of a quarter of a million dollars was a contribution from the General Fund of the City of Miami into just the marinas $250,000 was a contribut= ion. Mr. Brock: May we mare it still perfectly clear? I'll quote from the sane piece of paper and it says, "Contributions by the marinas before any increase in dock fees - the General Fund received from the marinas $336,028. It paid $47,388 to the Miami Stadium because they were in deficit for $47,000 which means that the marinas had a profit of $383,416 of which $250,000 came from your General Fund num- ber which means that even on those figures it represents a profit of $133,416 accord- ing to the budget. And those are the totals. Mr. Plummer: That is correct, sir. Mayor Ferro: That's not $900,000, we're getting figures all over the place. Now ladies and gentlemen, it looks obvious that we're not going to finish before 6 O'Clock so I'm going to announce at: this time that all other items that are pending before us will be deferred at this time. Those of you that are here on any other items, how many of you are here on other items? Is there any hardship on you for a deferal? All right, anybody else here on something that is going to cause hardship if it's deferred? If not all items will be deferred until the next meeting other than this. All right, the next speaker will be Mr. Tom Dixon. Mr. Tom Dixon: Mr. Mayor, my name is Tom Dixon. I'm a resident of Dinner Key and I have been elected as their President of the Dinner Key Tenant's Association. Admiral Brock as he said has met with the city and through their accounting staff has prepared the schedule which you have in front of you relating to the operating - expenses for the operation Dinner Key Yacht Docks. This was a five year projection. You can see it runs from 69 through 1975. Now the information that I had that you can see which was typed out in the presentation runs until 74. Apparently in the period 74-75 they changed the bookkeeping system and after examining a copy of their new bookkeeping system I was able to extract under the same schedule of accounts 70 those expenses that you see listed. As you can see the bottom line, the red number, represents profits or if you would contributions to the General Fund. Now we've heard a lot of talk about facts. We've heard a lot of talk about the city is sub- sidizing "Fat Cats". Ok? Well, maybe the fact is that the people that live at Dinner Key and that are suffering from the complaints of poor electricity or what- ever have been contributing not only their fair share but they've been contribut- ing a healthy chunk of money to the city coffers which, in fact, has not gone into the expansion of the facilities. And of course, it is an axiom of business that you have efficiency of the people that operate the marinas if you had more slips. I would raise the question, what's happened to this money. I would raise the quest- ion; yes, the expenses have gone up but you're still making a nice healthy profit. Also excluded from these numbers is the estimated $50,000 a year that is generated for the rental of slips on Pier V for the boatshow every year. So when you look at these facts and figures you can see that not only have the residents of Dinner Key been paying their fair share contributing to the city coffers but, in fact, the city has been able to use this money for other facilities such as the baseball stad- ium. Mr. Plummer: I'm at a loss, sir, I don't see any figures here when you say let's speak of all the facts. It's convenient that there is nothing here relating to the cost of Police, Fire, Sanitation. Is that convenient that it's not there, sir? Mr. Dixon: No, sir. Mr. Plummer: Why isn't it? Mr. Dixon: Well, it is very simple. The explanation is that the information that was prepared by the accounting staff.... Mr, Plummer: You said you were going to look at the total packet. Is that correct? Mr, Dixon: Be patient. Ok? Now, after meeting with Mr, Jennings on several occas- ions the question came up, "Well, you know what we ought to do, the residents of FEB 2 61976 Dinner Key ought to pay their fair share of the contribution towards the indirect costs - the Police, the Fire, the .schools." What is the number that they came up with .for this amount of money? $a0,000 Was the projected amount for the period 1975-76 according to their calculations. :=o in fact, if you look at those figures across there, subtract $80,000 from any of those red numbers, the only year in which the city has run at a deficit after covering not only direct costs but indirect costs was the year 74-75. Could it, be t:ho roa:;.a:i for this is the fact that the transient rates have not gonr up, perhaps thrr.' i ; :.omr• mismanagement of the marina facilit- ies? But examine it, there are the f.3ct: :. Now you'll notice in the proposed sug- (jested method of allocation of t.hr rental rates that there is reserve for replace- ment and there is a contingency. It is my eontent.irn that perhaps after they looked at the expenses and they looked at the income they said, "Hey, we'd better add some more expenses otherwise they'll realize that in fact., they've been making a profit here." Are there any question.-, Mr. Plummer:' Mr. Plummer: Yes, sir. The question immediately, and let's just take one portion of it, the book that I have on Dinner Fey just using that for the criteria, I show a total peyroll coat for the operation of marinas per se - that's all marinas Dinner Key is better than half of :.,li mari.ras. Would you say that is a proper? Mr. Dixon: I have no idea how t.e expenses of the operation... Mr. Plummer: The total operation ;,f matirla facilities.... Mayor Ferre: is that istcluden i„ the+tc Mr. Andrews: I don't know, how c111 1 he ar.rivr at .... Mr. Plummer: Well, 1 don't know where he c1Oi_ these figures from.... Mr. Dixon: i•Jerl I rtc)t t_em orl ice, from the Accounting Division. UNINTELLIGIBLE (everyone :apc,tki' e at oa.:e) Mr.. Plummer: My point is very simile, now Paul, either he by design or not design is not telling the truth er you'rc no c. because one of the two of you have got to be wrong. Ok? And this budget hock, and if you, want to see what I'm looking from, total cost of payroll and that's just the one item that falls completely apart is $314,915.00. Mr. Andrews: I can assure you t.c.:',r that 'gook is correct. Mr. Plummer: Then this man is way Jut of base. Mr. Andrews: Well, let me say that they have gone to the Chief Accountant and ob- tained whatever information they chose to obtain there to make up these charts and tables. Now 1 can go to the Chief A.:countacit and get... Mayor Ferre: Yes, but the question is did you include all the expenses? Mr. Andrews: That's what. I'm going to get at, ?•:r. Mayor. The other redline expend- iture that he has there that they're not including is some kind of payment or reserve for the improvements that have bcus provided or replacement. AUDIENCE: What improvements? Mr. Andrews: Well., we're trying to collect $200,O00 together just to provide new electrical service on one of the piers. These are expensive improvements. The entire marina is very expensive not only to operate but to maintain and to replace and we have gone about this process of collecting all the costs and providing them in this order and that will account for all of the costs of operating that marina. These figures I'd have to sit down and analyze to determine whether he's collected all the costs or not. Mr. Dixon: I did not collect them, they were prep red by your staff. Mr. Andrews: They were not prepared by my staff, they were prepared by the account- ant. We go to the accountant for information... Mayor Ferre: Mr. Andrews, I ehir:k these people are definitely entiL.led to an account., ing statement that is accurate. Mr. Plummer: Well, here it is. 71 FEB 261976 1 Mayor Ferre: Well, but you :cee t,7hat aepens is you give them a budget which some- times even we don't understand 3rtd yc =, take. a gentleman who is not an accountant and he puts all these numbers tcl.>t.hcr and ion't know whether he's putting every= thing there or not. t mean this is not an audited statement signed by a C.P.A. fitm or whatever. And I'm not asking that we get. a C.P.A. firm but I'm saying that We ought to get an accounting r;t.atement because that's not his profession. I don't khow whether he'::: skipped over two ur ' hree things, you know I'm sure it's not on purpose but you know. so now you've got these figures and I think you ought to come up with some kind of a record en this. Mr. Dixon: Well Mr. :favor, even .f we'te off by hundred thousand dollars... Mayor Ferre: Well, you might: bc' off by $50+l,0o ann I don't know that you are or you're not. Mr. Dixon: I don't know that x am either. Mayor Ferre: That's exactly the 1: :int. Mr. Dixon: Right;, if your t tatT'.' prepares th.rL information for the period 69-70.... Mayor Ferre: No, sir, t h : atf ha? nct prepared the information, you've gone to staff and gotten info rmat ien and t i l-.•_ you've: prepared the information - there is a difference. Mr. Andrews: A great dea .f i.tf.e encc: because we utilized the Finance Department, we utilized the Budget Office, and we utilized gr. Jenning's office in the operation. Between those three agencies we cc:ylle `.e<.i all the requirements for operating, main- taining and improving the marina. We attempted to account for all the costs that were required and then we carTe up with the rate structure. Mr. Dixon: Have you ever incurred a cost. of $11.0,000 a year for replacement reserves? A $10,000 item for c•ontinr:envy? Mrji,,Nirews: I personally think that isn't enough. Mayor Ferre: But I'll tei) you what, `1r. Andrews, I think Mr. Dixon is completely correct and I say this in criti._isrri of the preparation for this. That schedule _ that he has deliguntiy prepared and carefully prepared should have been done by the administration and we s'rxr,.,;.d have a statement just like that so that we could show these people. Mr. Plummer: Mr. Mayor, what you're say_t.nc; is .`. iy crue, I agree because when I asked the question of Mr. JenningY of the bottom. line, ciid they make a profit or a loss his answer was he didn't know but he thought that it was a loss. Am I correct? Was that your statement, Bob? Mr. Jennings: Ot i.1 izi.ng this formula that we are utilizing in the ordinance that we're proposing the answer to that question is yes.... Mayor Ferre: That we lust money, well it ought to be in a chart so that everybody can see it and they'll have copies of it and if they want to hire an accountant to look at it they're entitled to do that Mx. Jennings: Well, the' ' y wheat the ordinance thaws. It is detailed in the ordinance. Mr. Andrews: It is detailed is the ordinance. Mayor Ferre: They're not going to tel.:. us how to run our business but the point is that they're entitled to have accurate accounting figures and not figures that are prepared by a real estate broker putting together some accounting figures here that may or not be accurate to his own admission. Mr. Jennings: Those figures are all in the ordinance and as Mr. Andrews said we've prepared these figures, these figures were prerared actually by the Budget Department in conjunction with the Finance Department. I did not do them. They are accurate and subject to verification I'm sure. Mr, Plummer: Let me tell you where I fail apart with this whole thing. Let me tell you where I fall apart. I asked before if these proposed rate increases was a fair statement that it was half of anywhere else that they would go to dock that boat and the answer was yes. Am I correct? Mayor Ferre: Yes, but they're not talking to that. 72 FEB 261976 Mr. Plummet: But Mr. Mayor, what F'r",tying is this: Your and I, if we accept that theory we are in competition with private industry who is paying the taxes of this city. It is unfair. Mr. Dixon: Let's do away with the public golf courses.. Mr. Plummer: Sir, t'm right with you. Mayor Perre: I at.lree with t h.:t 1004.. r1rd rurtherrm arc , i '11 tell. you I think we ought :o ge_t, rid r,t 'h(!rtn marinas; an0 nu' ir.: the hunch: of private people and let them run it. Mr. Dixon: The way to de if, is rant e .i monopoly and then you can raise the rates. Mr. Plummer: We don't hays' nn monopoly. tfrw do we have a monopoly, there are marinas all up and down here all the w; v - not with the :;arr.c fees. Mayor Ferre: Monty Trainor jut w,:lkc:1 i Monty, do you want to take over the city docks and run them? Mr, Trainer: Yes. Mayor. Ferro,: How mech? : e is as fn t a day. Mr. Plummer: And that'u ive .ar is :cheaper ttlan whatwe're giving offer to them. Right? Five cents more.... Nrw t-hey're ail going to go over and stomp Monty Trainer. Mr. Fred Roth: qood afternoon, Mr. Mai r and Commissioners. Mrs. Gordon, I'm glad to see you're going to be here for my speech this time. My name is Fred Roth. My legal residence is right up next to Mr. I''r.Irlrner's up on !1icanopy Avenue. I pay taxes up there just like you .a,:, and I pay r.c-hoo3 taxes when•my children were in school, I dock a boat at. Din ;-•r Key ..as a recreAtioa `_aci.lity which I hope you will keep. As you all know received f i'i'n me that my job for the tenants committee was to be the lobbyist. i succeeded in =ti 1 ki ra to one of you out of. five - that's not had, you have a busy schcdn1r,, so do 1. I rca.ily came in here today to remind you collectively and individually of „r campaitm pledges to hold the line on cost, cost of doing business, to hole the line on inflation. I agree we need more marinas. We could use 1500 slips but you can't put that monkey on our back, government has to do that, Give us a bond isnt,, and I'm rvre you could get approval of it but that's not the concern of ':i:» 00 and some odd people today at Dinner Key Marina, we can't afford it. 'Jnemploymcnt. in Dade County, Miami - 12% - we know the figures we have really spent a lot of time en -'' , t'r.. Plummer. We know those figures. There may he some variations but T will a sum you that before we get through if we have the opportunity, put all the cards on the table that the figures that Mr. Dixon has given you here this afternoon arc more nearly correct than the ones you've heard from your staff. Seventy per cent: cf the tenants, people who rent docks, they're not all tenants, 70% of the people _gut there own real estate or pay real estate taxes in one form or another. They're tel:ants in apartment buildings or as real estate. Another point. that I'd like to bring out, 1 happen to:be a•C.P.A., I've practiced in public accounting for many years. Your City Manager wants to set up a reserve of $100,000 a year. Si:-,ce when under the rules of municipal accounting do you set aside reserves? Is that surnethine new? Mayor Ferro: Yes it is and it is something that we're doing all over because we don't depreciate as you well know. Mr. Roth: Yes, Mr. Mayor, that was my next comment I was going to make. One of your staff referred to the reserve for der:reciaticn - there is no such thing as reserve for depreciation in Municipal accounting. I'm not going to go into the other things I had in mind to talk aabout but one point I would like to make and I would like to make a suggestion to you; that yoe defer the reading of this today for a very good reason. I have never met Mr. ennings before. I have never heard any figures come from the staff or City Commission Meeting. I'm appalled at the things he doesn't know. I'm also appalled at eomet.hing else that if I understand Chapter 50 correctly you are about to give hdm the power to raise the dock rents annually without coming to the City Commission? Here is a man who has been renting docks at a penny a foot per month when they could well get 30C, 150? That scares me - absolutely frightens me - that this man, this department which hasn't been able to answer your questions this afternoon, and as a matter of fact, one state- ment I made a note on. I have (nb) very important - one of the cons issioners asked a direct question, "Do you have any transient slips?", Mr. Jennings said no. That is not. so, Look at the income on that chart. It's $109,000. Where does it come from? 7: FEB 261976 ■ Mayor Ferre: Mr. Roth, the 47,xplain, 1.hh He said there are vacancies that run about 30-35 a clay. Mr. Roth: 1 know what his exl.lar,at.:on is, When I leave my dock for more than 48 hours I'm obliged under the terms of my 1ear;c' to let you know so you can subs -rent it again or sublet it: again. But: I'm here t) tell you that if you go out and do the homework out on those dcrcks that we have done you will find a substantial ntitl- ber of transient slips:. There is an outside list, there is an inside list, theres a transient: list. I submit t:' you theme are in fact transient slips so your staff has not been truthful to you. Please defer this until you really have the facts. Thank you. Mayor Ferre: All right, Mr.. Roth, t:har:k you. ;•,r. ;smith. Mr. Dunnston Smith: I'm here as 6 ,'epz esent::,rive of the Dinner Key Cruising Club. We have a limited membership of).00, ::%, of whom live aboard their boats at Dinner Key. At their last meeting, our leet ; eeti nq we passed a resolution which they have asked me to read. Copies have Seen l'uraished you T believe. The Dinner Frey Cruising Cl tag i s very mach opposed to the proposed increase in dockage rates at Dinner Key Baring. I seems unthinkable that the city would use a formula as inflationary as an anpraatimate 100% increase when everyone else is attempting to hold the lire:. This is even lese understandable considering that the marina is one of the few profit rn k nq enterprises operated by the city. As a group we are asking that ' oa aonsi der. aateating this measure. Sincerely, Pete Gluckenback, Commodore. Thank you. Mr. Sol M. Ross: My name is Sol M. aaaa i've been e boater, a citizen of Miami and a tax payer for 30 years. i live at Dinner Key and I still pay taxes in the City of Miami of sizeable amount. T have no children attending public schools, I have never had children at.teedi.ne public schools, they've attended private schools. I've paid for more than my Aare : of the public school system. It seems to me that the solution to this problem lies :in making all the public recreational facilities in the City of Miami self --sufficient. Talk about fairness, it certainly is not fair for the boaters at Dinner Key to subsidize other functions of the city. If you're going to have a general fun:i then put all the money in the general fund, make everybody contribute his fair ;hare and draw out as much as he contributes and nomore. And if he doesn't: contribute enough then let him raise his rates or get some additional funds from some place but not from the Dinner Key Marina. There are several aspects -:e this. One, it seemed like none of the facilities, for example the tennis court;, at; s Cc .: to the city; not only are they a cost to the city in actual doila:.-, a :cording 0 tern numbers, their income is about $12,000 a year and they pay ^i4, 000 a year for paus t,•hich means they lose $2,000 in cash. That doesn't count at all any of the maintenance costs of manpower, mater- ials and equipment which is necessary for the maintenance of those courts. In the gold courses, but I hear the city doesn't want them any longer, they too while they do better than the tennis courts probably they get more money, they have a golf fund and all the money that they take in goes .into the golf fund and they try to be self-sufficient but they're not. i'hey still have a great deal of Parks Depart- ment personnel, equipment and materials which they use which is not charged against them. And I think that: is one of the problems. We don't know really where these numbers come from and I would venture to say that there is a great deal of duplicat- ion of the numbers of cost.. If we take the budget sheet from which Commissioner Plummer quoted I would like to just quote the total of it. The Marine Stadium, the marinas, the Miami Stadium, the Orange Itowi and the Dinner Key Exposition Hall we find that the Marine Stadium is the only :Taci 1 i ty which seems to be about to make some money. It never has but the, now have a new program for it where they're going to have dry boat storage and a rur.p ann they will charge a fee and they will gain some $145,000 a year which will be contributed to the Genera]. Fund. The Miami Stadium contributes nothing to anything, it. loses $47,000 a year, it loses $97,000 a year. Fifty it gets from the Genera]. Fund and e47,388 it gets from the marina profit. If there were no profit in the marinas where did they get the $47,386 to give to the Miami Stadium. The Orange Howl ha:7 a budget of $1,525,000 of which their cost of $1,090,000 reflecting a $435,000 profit. That is the only improve- ment fund that the city has any of these public facilities and the reason for that improvement fund is that they obviously have a very serious problem in replacing of turf and the seats and the whole Orange Bowl business. I just would like to say one other thing in a matter of paying our way. We have the Biscayne Bay Yacht Club and the Miami Outboard Club and the Coral Reef Yacht Club and the Coconut Grove Sailing Club and others which I don't even know which pay the city fl.00 a year. Mayor Ferre: Well, that's not completely accurate because the Biscayne Yacht Club is not. Is that correct? The others do. Mr. Ross: I checked this afternoon at five of three and I was told Biscayne Yacht Club paid one dollar a year. 74 FEB 261976 Mayor Perre: t thought the Bi rco, ynr, Yaont. r' i ub owned their own land. But never- t:heless, the others you're correct. 'Chitin a ma'jnr problem we've got to address, you're right. Mr. Ross: Coconut. Grove p ,aye, :,2.ft a year, they pay twice as much. They turn around and they charge hundreds of boat ewnnr t:hcnn;ands of dollars a month, the city gets no taxes, no revenue, no profit and you're telling us Mayor Ferre: You're right. Mr. Ross: ... i t' <: enfair that we :support ourselves (I think that word is in order) , as Mr. Andrews to sit down and give us an accurate -•count.ing. If we don't payout .. way we want to pay our way but we don't went to support the Miami Stadium and the Orange Bowl and the golf courses and the tennis courts and all the other facilities. We should pay our way but no more. Mayor Ferre: Thank you, Mr. Ross. APPLAUSE Mrs. Gene Rice: I want to speak For the people who are retired. My husband and I have this old boat and we wanted to retire in a nice manner, we've worked hard on it. I was forced to take an early retirement because of my eyes and I'm now a social security disability. Our rent, as I" u:derstand it, is going up from $65 to $135 a month - that's over 100%. This i,: a munici ,n , cc;,;erent, I don't think you believe in inflation and that's wt.at: that is. Mr. Jennings said something about spending $200,000 this last year? Oh, becau<;. I'm on Pier II that you mentioned and the electricity is terrible. Our fuses ha7e blown at least twice a day in these last few days that was so windy and I'm not an airconditioned boat or a hot air boat. We would have to move and we've paid taxes all our lives. Mayor Ferre: Are, you living on your boa* now? Mrs. Rice: Yes, we are and that's why I said we're not paying house tax now but we have been paying it and we've lived down here since 1956. Mr. Henry Alexander: Mr. Mayor dn.i mc:ta1.r rs : tho commission, I'm President of the Coconut Grove Civic Club and speaking on their behalf this afternoon. I'd like to address two points. The first;. ;o Le'af.c_ i:ho marina is a vital part of our commun- ity. It is a residential :,tr.munity, part of the Grove and part of the City of Miami. The tenants live in the Grove, *rc'. shop in the Grove, they also live in the City of Miami and shop in that area too. ='c hey're a part of our community and I think a vital part that should be cnaint:ai.:.cc . t l +.r; - cit} ;.tends to increase the rental rates at least this rate increase houl.i Ue such to preserve and foster this resi- dential community and not destroy it. The second point is... `- Mayor Ferre: Are you talking abont the boating community as a residential commun- ity? Mr. Alexander: The actual liveaboard residential community. Mayor Ferre: I secs. Thee, you would agree that they should pay taxes if it is a residential community. Mr. Alexander: Are we dincassing taxes today? Mayor Ferre: I think we're going to case that's one of the things I'm going... Mr. Alexander: Well I'm addressing a rental increase. Mayor Ferre: And I'm addressing .a tax increase in a little while. Mr. Plummer: Providing the serviees whether it be dockage, Police, Fire or what. That's what he's saying. Municipal services, are provided to these people who make their residence. That's what we're talking about. Mayor Ferre: You're representing t:he Coconut trove... Mr, Alexander: Civic: Club. Mayor Ferre; And the Coconut Grove Civic Club has expressed this opinion? Mr, Alexander; We feel that tnis i:•: a part of our community... Mayor Ferre: The residential community? Mr. Alexander: Well., it is a att : Coconut Grove community that is a vital and important part of the community and we d.)n't want it destroyed, we'd like to see it retained as part of the community. The second item I'd like to speak to is that if there is an increase in rental rates we think that this increase should be conditioned upon the explicit and pY:ior commitment by the city to construct the marina improvement, as delineated in the Dinner Key Master Plan for the betterment of the marina and for the community. Thank you. Mr. John W. Greenleaf, Jr.: Mr. Mayor, commissioners, I am President of the Marine Council of Miami. i am here today in place of Paul Andre who was our committee chairman who worked with your :_ity marina group and your Manager in reviewing and preparing the rate schedule. I would like to mention on Paul's behalf that we do agree with the formula that the city has set up of the costs that should be included in developing a marina rate. We feel .it is necessary to provide for the rebuilding of the docks, the interests; and amert.i.zat .:-n over a twenty year period that the rate picked out is a reasonable rate in light of the present day financing.. If such rates are provided, however, anything in excess of the actual operating cost of the marina should be put into a special trust fund not touched by the city for any other purpose except for marina improvements and marina enlargement. If such a situation does prevail and your rates do include these figures you would then be in a posit- ion to go forward with revenue bonding to provide some of the additional slips that are very badly needed in ele erea variously estimated in the shortage of somewhere between 3,000 and 9,000 :slips the Dade County area and it's only going to be the public sector that can provio these )ecause private industry cannot. Thank you. Mayor Ferre: So in other worn: you're recommending under these conditions that these rates be increased. Mr. Greenleaf: We're recommending that the formula be provided. We've had no veri- fication of the numbers that art- cc;nt..ine.:l in them. Mayor Ferre: All right, `., ank you, 'ir. Greenleaf. Mr. William J. Lawson. Mr. William J. Lawson: Cormnisioner.s, Mayor, most of my points have been made, I believe the gentleman that just spoke that was with you on this does construct marinas and it would be to his benefit that this increase would go into affect. Mayor Ferre: Are you talking ;:o Mr. Greenleaf? Mr. Lawson: I believe s.. Mayor Ferre: Are you here :;peaking "or , • nurseif of for the Marine Council, Mr. Greenleaf? Mr. Greenleaf: I spoke for the Marine Council. Mayor Ferre: Is that the opinion of the Marine Council in the same way that Mr. Alexander is speaking for the Coconut Grove Association? Is that correct? Mr. Greenleaf: Correct. Mayor Ferre: Thank you, sir. Mr. Lawson: Thank you very much, Mayor. There were a few points that Mr. Jennings stated that the commercial sl.irr were at $20 per slip. Axe there any after the first slip that are $1.5 if there is more than one slip? Mr. Jennings: Yes, the sailboat conce';sions... Mr. Lawson: In other words it's notjust 20 it does drop to 15 on some of them. Mr. Jennings: That's correct. The sailboat concessions pay 20 for the first slip and 15 for the other 9. Mr. Lawson: I see, so it is not the $20 that we were talking about. I was going to mention the Coconut Grove Sailing Club with their lease of $1.00. Am I right that Chalk Airlines facilities are under the same set up of $1.00? Mayor Ferre: I don't know whether they are or not, but iec me tell you something in my opinion. That wrong, and I think that's a wrong, doesn't make this right and we're going to address ourselves to that. Mr, Lawson; But we are paying a raare of ours where there is not a share being paid there. 76 FEB 2 61976 Mayor Ferre: I agree. Mr, Lawson: It seems that the figures that have been thrown around by both are being disputed. Can we have another meeting of the commission with these figures brought out? That was a-luestion. Mr. Andrews: Mr. Mayor, -it the second readina we will develop the kind of charges... Mr. Lawson: How about so these figures will be here for the first reading? Mr. Andrews: Mr. ::ayor., I'm saying that, for the sip:_ond reading if the commtission wishes we will document all this, we will have a1.1 of the staff present, we'll put it in chart form so everybody in the audience can see Lt, we'll go through every single item that's on it as we have in this ard4.N:ance. It's been carefully reviewed and the intention is for the marinas to nay their way as well as establish a reserve fund and I announced in the memorandum that I sent to the commission in the last paragraph which said one of the major considerations in the formulation of funding future budgets for the marina operations will encompass a reasonable payment to the General Fund for city services provided to the marina tenants. It will also contain a reserve for major capital improvements and reconstruction of marina facilities. It should be noted that this fund will be separately coded to be used exclusively for the intended marina improvements. Mr. Lawson: Will these figures be av:ilable to us in advance of that meeting? Mr. Andres: We'll try, :lr. Mayor. . Mayor Ferret I think it is important that they have the opportunity to analyze these figures. Mr. Lawson: I believe that it should be enough time for it to be analyzed. Mayor Ferre: I would agree with that completely and 11r. Andrews, we'll do it this way: You make those figures available to these people out in this marina and pub- lish also at the Miamarina also one week before we have our second reading and so that they'll have plenty of 17iee to read them and analyze them. INAUDIBLE SPEAKER Mayor Ferre: Yes, ma'am. We will... Let me tell you something about my job. I don't get any pay for this job. Niaa I don't have to take the job, I could just resign or not run for public .,trice. Let. me tell you that I spend 30 hours a week in this so-called public service job. All ::i ht-r And I make no apologies for speak- ing for an hour and 20 minutes becauce I set here every commission meeting for 12 hours and I do that very often besides all the other things that I do for the city. So I don't mean to get into an argument with you.... Mr. Burt Provinsky: So more people can talk, let's go ahead in the proper procedure. All right? The subjects, and I've been at: Dinner Key Marina, I've kept a boat here for something like 15 years and I've watched the different rate structures come up and I've stood here many times before you. I sat on the Planning thing for the Dinner Key area I guess at least 5 or S years - I also received no pay and sometimes I put in 30 hours on a week sitting on this planning thing. I helped plan docks as Paul Andre did and many others here and we weren't building marinas so there was nothing in it for us and we planned the situation, we helped acquire money for these docks. We helped the planning of it hut nothing ever happened and that's why maybe a lot of people are concerned with the fact that this money that is going to be put in this escrow thing which was put in many accounts before for Dinner Key for marina facilities never came about. So therefore. that's why a lot of people are saying, "You build it and then we'll pay for it because we have reason to be doubtful because we feel that we have paid for it before but it never came to happen." Now in this figure that the Manager or whichever was developed here, they have a figure in there for replacing and a cost of replacing a marina in 20 years. Now if you'll note that this marina here now is 20 years old in majority and I would say that the concrete piers and everything, they need because of the poor construction the surfaces do need replacing but you wouldn't call this completely wiped out in 20 years. Yet, they figure costs in these figures of replacing this in 20 years. So there is some- body wrong unfortunately this figure I believe came from a marina builder and maybe he builds marinas a little more expensively than the city can build then. Anyway the electric of 212% I think you'll find in that electric meter if !you check on these people that this electric meter takes in almost this whole area. 1 think it even takes in City Hall, I don't think it's just that, the electric figure. I tried to get some information on that but nobody seems to know about the electric meter, I think the electric meter on the docks include this building. Check into it. 77 FEB 2 61976 Mr. Andrews: It could very well. Mr. Provinsky: T think ... and that cost is put in their figure. Tt takes in this building, it takes in the Convention Halt and it takes in and that is their figure i understand they come up with electric. Mr. Andrews: But Mr. Mayor, we do this very often in many of our public facilities and it is very very simrle to prorate these cost. he can call upon Florida Power and Light Company to measure all these various... We have done that. Mr. Provinsky: I c.on't think. it is in this figure. I don't think it is in this figure from my question before that this figure is not.. This figure is a reading of that meter that covers this area. Mr. Andrews: And Mr. Mayor, let me tell you that we can acknowledge that individ- ual meters will be installed - Let. Florida Power anci Light Company treat every one of those as they do a household, they pay the meter., they pay the metered expenses for the electricity on an individual basis. But I'll tell you what, it's going to be very very expensive for you. When you have one meter you get a one meter rate. If you have individual meters you'll really pay. Mr. Provinsky: We realiza that but the only thing I'm questioning is your figure for your electricity. The rest I ear find out that is charged against this marina is for the whole area. Now I see my red iiaht: is on but don't forget I had to listen to the Manager and a few other people hero. Now I tall you I've kept a boat here and I retired about 4 yea arc. I have no children in school, when I did I had business and property its the rrave '-rre, :;any of you know me such as Father Gibson, we're buddies from way back. Right? Tnd 1 retired about four years ago and I thought I was doing to ii';e .on a -.aalfortable thing, as the good Father knows, I never was a millionaire or very wealthy but 1 managed to scrape out a living here in Coconut Grove. But when I retired and I thought I got a nice comfortable living why, of course, I got hit all of a sadden with inflationary things such as many other people have here. I mean the food went up, my insurance went up and all the things you sited went up and they all went up 5%, 10% and so forth and I was able to cope with them; and the things that went up largely such as car insurance was a small part of the thing. But hare all of a sudden I am now hit with a 100%, it's a little more on the pier. `hat I have or the slip that I have, it's increased 100%. Now I don't know whether you're- crying to set a new record in inflating things but Mr. Jennings certainly has when he'cotes up. with this. Now maybe Mr. Jennings could get part of this income a:.i it wouldn't be necessary to increase the amount this much if there was a little bit et Lctter management. As I spoke to Mrs. Gordon the other day, we had a personal conversation, there is so many areas in the marina and I'rn ashamed to say that now that he says ail these nings, where was he when he was the Director of Yachts and Docks? Where was he to say, "Why don't we fix this?", "Wty don't we Rio that?"? Unfortunately he didn't know the bow of a boat from the stern of a boat by his own statement_ to me when he first took the job. I don't think he knows better after he took the job. Actually, if you ask the people here on the docks If you found Mx. Jennings walk out on the marina to see what goes on one of those docks once a month you did a whole lot. I don't think that's very good management myself. He's doing a much better job with the parks, I thank goodness you put him there. But unfortunately he shouldn't have had the marina thing under that. It's a completely different thing than planting trees. Mayor Ferre: You know, Mr. Provinsky, that's what happens when you're a retired commander in the Navy. Mr. Provinsky: Well, this is one thin] I've noticed that's happened with many areas there and actually to run a battleship is a little different than a 30 foot boat. Mayor Ferre: That's probably true. Ok, let's go on to Dick Hide. Mr. Dick Hide: Mr. Mayor and council, my name is Dick Hide. I am a property owner in Coral Gables and in the City of Miami and 1 have been for about 25 years. I have a sailboat right outside this City Hall here on the bulkhead. As I understand it from the figures from Mx. Jennings they want to raise my rates 108%. I don't think there's going to be any doubt when all the figures are in, your own figures, that the Dinner Key Marina is and has been by most part making money. Now it may be true that food and clothing and electricity and things have gone up but I don't see what that's got to do with a marina. I came to this town 25 years ago and prior to com- ing here I came from a seacoast town where the city provided moorings free of charge to any taxpayer, Now Miami can and they do, in my opinion, make money on the docks and if they made more docks they'd hake more money. Now as far as police protection and.extra things of that nature I feel that people that live on these boats that even though they do not own property at the present tune have at one time or another 7R FEB 261976 ork in most cases owned property within Dade County and have contributed to the build. ing and the structure of the municipal benefits that we get. I was at the boat show last night sitting there talking with a group of people and one fellow was working up a deal to buy a boat. Another person came in and mentioned to him, "Where are you going to keep your boat when you buy it?". He said, "I don't know, I'll just get a dock space." there are none. Now when we compare the deckspaces here with the dock spaces somewhere else pr. ir.e:wise the reason they're higher is because of the lack of availability. A dock can charge just about anything they want, privately owned docks for a boat slip because they know they can get it. If you can't pay it there there's no other >]ace to bring your boat. Now in view of this meeting here I can see in my opinion that this Dinner Key Marina is not losing any money and I would like to move that the Commis:ion turn down any increase in the price of the dock facilities. Thank you. Mr. Ron Mayer: Mr. Mayor and Commissioners, I want to draw your. attention to some= thing that I feel is quite an inequity in this •pres=_cnt.at_ion. Your attention was drawn to a definition of both a marina and a wet storage facility early in the prog- ram, a differentiation heing there are no live-aboards, there are no sanitary facile ities, the facilities are locked up at night and that is exactly what takes place at'Underwood Marine. Yet for that wet storage facility you are showing the same charges as here. I most certainly am a property owner, I pay taxes, I do not live on my vessel and these ot,. r extraneous items are not applicable in this situation and I feel consideration shculd be given to this. Mayor Ferre: In other words what you're saying, betuse that can be taken both ways, is that you ought to pay :yore than waht they're paying. Mr. Mayer: I do, with my taxes. 1 ' m plying to}:c:F at home for fire protection, trash, and police protection. Mayor Ferre: Do you have your boat here or over at Underwood? Mr. Mayer: At Underwood. Mayor Ferre: I understand, I bed your. pardon. In other words you're saying it ought to be less. Mr. Mayer: Underwood is a wet :storage facility, it is not a yacht dock by staff's definition. Mayor Ferre: I see your point, '_hink it is a valid point. Mrs. Gordon: Are you .t Miami resident, ::t , Mr. Mayer: I have property in Miami. I am a taxpaying... Mayor Ferre: You're saying that you're paying garbage and all that so that means you live in the City of Miami obviously. Mr. Mayer: I do not live' in the City of Miami, my home is not in the City of Miami, I have property in the City of Miami and pay City of Miami taxes. Mr. Plummer: What he's really saying is what I said at the last meeting. I feel there should be a difference in cost, by the way I didn't say more, I said there should be a difference in cost between a person wh' lives aboard and a person who doesn't. That's exactly the distinction he's making. One is just nothing more than a wet storage and the other is a marina facility. Mr. Mayer: Right, we do not have the facilities that you have over here. Mayor Ferre: And I also happen to feel that people who don't live in the City of Miami shouldn't, you know that we ought to ma4e a distinction between those... Mr. Mayer: Mr. Mayor, may I suggest that rather than just live here people who do not pay city taxes? I think there are people that pay very substantial city taxes. Mayor Ferre: We'll have to look at the legal ramifications of that. Ok, thank you very much. Mr. Alan Lubka: My name is Alan Lubka, I'm an attorney in Coral Gables and I own property in the Gables. There is one distinction between a home and a boat and that is that you can't take a cruise in your home and you can in a boat. So some people may be out cruising for a month at a time when they're not using any fa41i.tiee, however, they are paying their monthly rent. What I would like to propose is that .-- the amounts that are eeil ea,. ee'e in a :;lip that belongs to someone who is paying a monthly rnte, tet :1: 'ee credited to their rent and that after their rent has been te>ee e e e: 'eat month that the balance should be given to the city. However, tea' weedir enants a fair share of money that's taken for elipe that thefTe peyine fel ateaa)y Mayor Ferro: In ether words eeyale hae eeedominiums do or these operations whore you own en apartment aed thet eet they rent your apartment and you get the rent. Mr. Lubka: Right. If they eer reee eer epereeere hey should pay us for the rent. Mayor Ferre: Right. Few, Mr. Lubka: That's a oeee jeel, like to buy your slip? Mayor Ferre: I'll tell yoe wher, eee r.the •••11rege we oeght to be considering because you see the differeece t.T, example and the one you used is that in that case people have pared reot own It. You don't own this slip. So you have really no rights._ ne tJeeeyees ae who we represent here and that's what we're talking about. f 1 ; in Coral Gables. All right. The point is this, and I tell you I d,'1 i.deA of selling that Dinner Key operat- ion on an appraised value tc J ehee let them form a cooperative and them run their own merina Mr. Lubka: How do you (;,,.! Fnrini%1 - wat.:tr":' Mayor Ferre: I don't !:new Mr. Andrews: And pay taxe e-. Mr. Plummer: Thittlo th c ';:n pay taxes. Mayor Ferre: Of couree, te ali Mr. Carl Stratfela: Cee1 Dinner Key obviously. We're com- paring once again appis want to compare people that live in a $100,000 home and I live 1.!1 . year r:A. boat. Mayor Ferro: I'm Uaiki.L',4 cpc:)t boaL. Mr. Stritfeld: tet re me:ee ao Tae leeople that live in homes pay taxes and then when income aToeed Lacy write them off. The people that live in boate pay dockaee; wcit.1,r off. It all goes to the city. To people that live an boats, evero- uee_elee that they incur in that boat that's out. Homes appreciate, boats depeeciate tint one). We are our own Fire Department and Police Department. If it wee not: for the reerdents at Dinner Key this place would be stolen blind (applause). 7f •;t. wee not for the residents at Dinner Key if you ever had a fire un any one ertnc pc ou'd wipe out the whole area. There are no fire hydrants ee a teiee. We heve the hoses and we have the 100 pound bottles of Co` and we provide eel- own fire eroteetton. We do not have police protection, we have police reportir:, efter we eetefy them of a theft. (applause) There is no security here. Mayor Ferre: Is that any difierent from a home? Mr. Stritfeld: Isn't it? Have vce eee eeen a police car come down your street? I've never seen a polieeman walk eowe Mayor Ferre: Police cars doe't ecame arouna Dinner Key area? Mr. Stritfeld: 1v never seen a patrelmen week out on that dock. I'd like to say one more thing because I'm goina to leave in seconds. How many people that live in homes give a second thouoht to a herricene? :very hurricane season we begin to get grey hairs from where to we ee, whee ae We certainly can't stay here cause it is not a hurricane oroteete mereea. We start looking cut in the bay, we start looking out the Coral Gables waterway - so it is not as you would infer a bed of roses living on a boat. It is a life we choose and I wouldn't want to re- place mine for yours but I resent tac innuendos that I'm a fat cat taking subsidies off of everyone. Come live in my shoes for a year and then iieten to you. (APPLAUSE) Mrs, Gordon: I'rn compelled to respond to the hurricane threat because I live on the low side of Bayshore Drlee eed I had three feet of water in my house when Betsy hit. ci 0 FEB 2 6 1976 Mr. Sol M. Ross: It seems strange to me that we keep talking about replacement funds and renewing the marina facilities. Ts there any other public facility in this ei ty which has a replacement fund collected for and kept so that that Each ity can be rebuilt_ when it is... Mayor F'errr, : Mr. Andrews. Mr. Andrew:;: Orange Bowl, drne r.igh:toff the top of my }dead - $400,000 to $500h000 a year and there are ee tax dollars going into that. Mr. Ross: How are_ `hey goleg to pay for the Pt:•lyt.u� �? Mr. Andrews: Out of the Orange Bowl, generated from the Orange Bowl. Mr. Ross: Which makes it a repair fund any not d reply Invent. Mr. Andrews: It's used as replacement too. We've designated this fund... Mr. Ross: Well the point is that it's unfair and unjust and discriminatory to make the marina one of the very few, if in fact the Orange yowl does have a facility which must have a replacement fund. Mr. Monty Trainor: rt..' e easy to E looking around here who's got the white hats and who's got the black hats. But i would like to say that in defense of the com- mission, and I'm down hei.e all the time and :ec_-auee `.,ive a vested interest in the area close to the city and one of the ieascns that I've been so successful is because of the. people in this room and t can't ignore that fact just as you as a politician can'`_ ignore the fact they're voters. But 1 think after listening to this meeting and after listening to Mr. Ross, Mr. Roth and Mr. Alexander that I would hope that the city would see fit to explore all these tremendous ideas that have come out of this meeting. Although they were down here to oppose something that the city was going to Rio you can take and turn around and make it positive because I've heard some very positive statements come out - Mayor Ferre: I have too. Mr. Trainer: the sailboat hersa is the sailing cluLs and things of this nature and I would hope that you could include some of these folks into your study sessions and let them have some input into it. Esit 1 do s.-tc the city's problem because I am a marina operator but I also nave a full time secureity guard, I'm in the process of rewiring at a cost et about 4,-5 ,;;:+. and then I can pat my individual meters but I can see their point and I .: :its;: the But there is a meeting ground here and with all the minds ghat you've make this the most pro- gressive marina .in tIa United Seat-e . i ft el. very fortunate cf the fact that I live in Coconut Grove and 1 am with the City of Miami and not Metro - I'm City of Miami, I'm not Coral Gables - and I hope that somewhere the City of Miami residents are rewarded for the fact that they are taxpaying members of the City of Miami and that we're not obligated as residents and taxpayers of the City of Miami to provide dockage for boats that live in Hollywood, Fort Lauderdale, North Miami, Coral Gables, Mr. Lubka I'm sorry. We're City of Miami and scmewhere you have to draw the line whether we're City of Miami or we're Dade County or we're the State of Florida. Everybody has a boating reed. J. L. Plummer last w.ek or week before last if you all had been here would like to survey the needs as far as dockage, who were we providing it for, at what cost. He would also like to explore the possibility of building many more marinas within the City of Miami and maybe presell these marina slips with four years in advance to generate the income to build these marinas. Now here's J. L., he's thinking, Mah.rice he's thnki.rg anc the City Commission is work- ing and it is a working commission an they ;.:a,' with these problems. You all get upset if it affects your pecket_Lc'z•k but 1'r,. sitting down here by myself sometimes and watch them spend millions and nobody c._reo a damned thing but because you're going to raise the dockage yo_: get concerned. Let's take some of these ideas that you all've got and put them so that the C7 ._y ot Miami can maze some money off of it. Let them use your brain, 12t them use.: this: negative force and turn it around and make it something positive. Let's walk t.wa; .from thin; meeting friends not fight- ing one another. Mayor Ferre: Thank you, Mr. Train r, tt:a::'; y::.0 .' ry much for that positive note. Admiral Brock came to me with the followinc statement which I'll read into the record. It says, "Compromise. If the city wi__1 withdraw rent increase proposals for Dinner Key Marina we will forgive past Defaults of the landlord And further- more, if the city will demonstrate good faith by spending the annual profit from our part of the operation on benefits for our part of the marina for a period of at least one year we your tenants wili be happy to consider proposals for any nec- essary rent increases ar:d a bertEr continuing landlord tenant relationship. This 81_ t h exact proposal has beea uvr'.4 H. al. meeting of the Dinner Key Mariaa Tenant's Aseoeintien." i`a ,ike a very quickly because we only have six Minutes rattle off somea answers ta things that 1 wrote down, I didn't want to inter- rupt so I wrote them down. Tr) mr. erotinsky aed to Mr. Hide, the 100% increase that you're talking areetjn tr,t,, bat there hasn't been an increase in seven years. If you divide 1ow4. by seven years it's 14.3% average a year. The last increase was 196Y. That lecreese wae e 10* ieereaee If we had taken a 10% increase every single year as we die ih 69 we would have ben well over the 100% by now. TO the question of inflation which WAS also meetiened here, you're talking about the 100% increase which is 100 inflJtif-,nary In oLher words you expect the City of Miami to absorb a 212% ineeese in eleetrieity bet yee donY want to absorb any part of thate I think that is something that ought. to oonsiderd, With regards to Coconut Grove Sailing Club a I agree wit.h. T thtnh that' ,4-21 T think we ought to address ourselvce to it ad we 71,trsolv,2s to it and this com- mission so instructed yeu and c•:u're ordcr by 1),71 t do that. With regards to Mrs. Rice's comment about her a monli whizh is •78(,) a year, if Mrs. Rice were to move out 1 would like to know where !les. aaeee ie. goine to live and pay $780 a year including ulectrieite eed t-o;es. knew of aey hoese anywhere in Florida Where if you have electricity aeel you oay kinJr1 of taNes you could live for under $780 a year. With regards ee ena questien e(7. tennis ceurts and these docks, let me tell you something about t"e tee -He eaurrs. There aae 35°,000 residents in the City of Miami - they can all eee a e feneis eeeete We're t:.J:Wtin. about 300 Miami famil- ies using. all these pii.tn oth;,7r warde wrat T'm r.:..avi:m; is I don't think you can quite equate the public 7er.Vj. rrder--1 !),? rewie of thi,2 nemmunity in a park or a tennis court where the raelie serviee ae eenderel ta a few 350 Miami families in these docks. That doeen't aean that we ehouldn't have eecks, I'm just saying I think there is a differance in ene tublie facitities rendered to the many in a park or tennis court aed te the few e 5 .irrina. With 1:e7ards to the point of monopoly and unfair profit, 1 don't think that the City af Miami is the only marina in this community. As I understand it ehere is eomething like 30,000 boats in this commun- ity. They're not all jn marinabeeuely b'it I think there are docks up and down the coast andup and down the New if i weee e monopoly I think certainly the fact that we'r-gin,,J 2A per ffY:it r. the low and Metro is charging a minimum of 6 cents WLt7h ml!th and no on and you can't get in there in the evenings ar» an.:1 enfair. One last point that I've written dowr here with 7eeTeee o phi1e3opey as pcinted cut by Mr. Roth with regards to depreciation, let 1,1(! 'ell yGe there ie a new philosophy in government in the last 5 or 10 years and that le thet aoaernment must create reserves in lieu of depreciation because wit'e theoe eeeervea we either- improve, replace or increase so what you, the orivilealaee .:ew who have the$e rights and the priviledge to use these dock, that parhaee we cen haee mea e eeople to have thet. The last thing is, and even though it is a feeeteee atatemeet dee 7 dnn't mean it in any way negative or degrading in any wey, hnt you know nhJdy loreeo to Ftay in any of these marinas or pay anything and I just happen to think it ie time fryr us to get what I consider a minimum fait rent in half of what it cot; in the public sector like Monty Trainer's and I'm not comparing, you give e beteer service and all that; hut I think if we charged 50% of what you're chargiea or thereabouts that isn't too bad and if we stay within reason of what Metro is charging that's not too bad. Now a couple of points that I wound like to meke and then I'm open for further discussion or a reso- lution as you will_ (1) I definitely think, Mr. Andrews, that all moneys that are made from this and any aerina eperation should be specifically earmarked for marina improvements, electrical improvemente, increases, Ipet:cerments, lighting, parking, all the things that are needEA just liktJ tne Orange Fewl. The Orange Bowl moneys are used for the Orangf! Dow] mlrina moneys should, be lied for marinas. (2) I def- initely think that we haveshv t.ceetablish a much ether rappoet between tenants and the administration. I think we've act to establiah cormittees that are working committees so that there is take. If ihQy'VC: eot legitimate gripes I think that the police ought to be representeel tlnere aed t'ae 'FYte Departmeet and if service is not being rendered that oughr to be opent dese-.-sod and it ought to be brought out in discussion. (3) I happen to thiek that there ouaht to be a distinction, and if it costs administratively then let. it be, between those people who live on board and those who do not and I. don't thi r,k they shouTC pay the same amount and I think there ought to be.a clear distinction. (4) 1 Aeft.(17iely no not think that the people of Miami and the taxpayers of this eommenate; chota eabsidize boat space for people who live in Coral Gables or 2ort T 1 se and I think that if those people want the priv:Lled9c sce .hat perhaps a Miamian could use then let them pay special for it. 1 thiak the aeople whe are taxpayers in this com- munity whether they live in this ream -amity or own property should have a definite break over people who live outside of Che eiry and think there ought to be a real clear cut distinction in rates. (5) I think that there ought to . distinction between live on facilities and marina fac5lities and just storage space as Mr. mayor pointed out. (6) I think we defintely, and final reading, should have all facts brought out, all numbers certified by our own Accounting Department line by line ,,, cost, expense, etc. specifically pointed out. FEB 2 6 1976 Mts. Gordon: I just have one comment, Mr. Mayor, and that is that the rent increase should be accomplished at the time that the necessary repairs and improvements have been made. I believe there are some real serious problems that are existing Am 1 right? Are there any? I've been told there were electrical problems and other very very serious problems and I think ... I do believe in the rate increase but I also believe we should provide a descent marina facility and that the rate increase should begin when we complete these necessary improvements. Mayor Ferre: And I think there ought to he a tenant's committee that works with the administration in pointing out what those needs are. Mrs. Gordon: Exactly, I think it's a good idea - a joint committee of administrat- ion and maybe a member of the commission, a liaison. Mayor Ferre: Well what is the will of this commission? Mr. Plummer-: Well, I see no harm, Mr. Mayor, of passing it on first reading with all of this being discussed fully before any action is taken. It is just a time saving device. Mayor Ferre: Well, I've made six recommendations that I'd like incorporated and I if you want I'd be happy is move it that way.and pass the gavel on to you. Mrs. Gordon: All right, and providing also the one that I made, seven. And if you want I'll take the gavel and you can move it. Mayor Ferre: With that seven. I so move on first reading. Mr. Andrews: Mr. Mayor, may I suggest that you pass the ordinance on first reading, that you pass these six or seven items as a separate motion to be included upon second reading and we will develop those and have them available. Mayor Ferre: That's just a legal way et doing it. Mrs. Gordon: All right, as long as they're all clearly spelled out and understood. Mr. Plummer: John, the thing that the Mayor talked about before as to legality as to first preference be given to the taxpayers of the City of Miami, is that constitut- ional or not? Mr. Lloyd: Off hand I believe '..hu e is no constitutional bar to that because you provide an adequate standar.i but I w0_11 research it further but I believe there is no constitutional bar to it for that rea.•^n that :.1.:.re is an adequate standard. Mayor Ferre: There is one other point I forgot, I knew I was searching for one; that we immediately institute individual electric meters for every slip and then everybody can pay their awn electrical rates. Mr. Andrews: Mr. Mayor, we will have available information but when the people find out what is involved as we have this just won't be acceptable but we'll bring that information. Mr. Plummer: All of these points are just for purposes of getting developed facts and figures, that's all. Rev. Gibson: Mr. Mayor... reference was made to a committee. It would appear to me that since you're developing this ordinance..develop it a little further so that we can estalbish a working relationship with all these people. Can we get that com- mittee at a given time? Mayor Ferre: Let's see if we can establish it now. Rev. Gibson: And then let that committee work with the Manager and the legal depart- ment so that these people won't be... Mrs. Gordon: Well there is a Tenant's Association and I think that ought to be the... Mr. Andrews: Mr. Mayor and members of the commission, the Tenant's Association appointed a representative. The Cruising Club appointed a representative. The Marine Council appointed a representive and we worked with those representatives in developing this ordinance to this point. Mayor Ferre: Yes, Mr. Trainor. INAUDIBLE FEB 2 61976 Mts. Gordon: That's the way a condominium association operates. They have a chairman or a chairperson of everyone. Mr. Trainor: (INAUDIBLE) Mrs. Gordon: I think that's a good idea. INAUDIBLE Mayor Ferre: I can't hear you admiral. Well, we're not going to tell you how to run your association so let's say since sir. Dixon is your representative here, Mr. Dixon; if you would then choose or have.chosen within your committee I would say no more than three. Would that be sufficient? Mr. Dixon: Let me make a comment, if I may. I was elected and appointed to repres- ent and meet with Mr. Jennings and I have been doing that since I guess about nine months we've been meeting. I have to claim responsibility for the procedure of allo- cation of the expenses. In other words it was my brainchild that came up with this idea and I'm responsible for it. However, I'm not responsible for the determination of all these miscellaneous expenses. We have had a working relationship with the city administration through the Dinner Key Tenants Association. In addition we have pier representatives, we have..... Mayor Ferre: Mr. Dixon, we're nct goi:ie to tell you how to run your business. I think what you ought to do is your association should select or elect or however you do it in your bylaws. Would three be sufficient? Mr. Dixon: I'm sure that would be sufficient. Mayor Ferre: All right, if you would select three people to meet with the administrat✓`" ion that represents the users and you... Does anybody have any objection to that? Well I think you're entitled to representation and let me put it to you this way, then you organize your group and you can have one representative and Mr. Andrews, if you would have - and let' do it on a one vote, you know let's do it democratically one slip one vote and you work it out and get all these groups to have proper represent- ation. Mrs. Gordon: Mr. Mayor, we have a motion on the table and the discussion should be related to the motion. Is the committee a part of your motion, sir? Mayor Ferre: Yes, it was a part of the motion. Mrs. Gordon: Ok, fine. Then is there any further discussion? Mr. Southern: Now this is just on the motion not the ordinance. Mayor Ferre: That's right. Mrs. Gordon: This is on the motion of inclusion, items for inclusion. Is that right, Mr. Mayor? Mayor Ferre: That's correct. There are seven items because I added one additional one and that was the electrical meters. That doesn't mean we're going to do it. Mrs. Gordon: That was a deficiency that are existing, some are very serious and I said that the timing for the implementation of the increases should coincide with the completion of the deficiencies which are serious, not the minor ones. Mayor Ferre: Rose, that was item 6 and iten which I added after that was that they bring the study of the electrical expenses and what it would cost... Mrs. Gordon: Yes, for meters. That was yourast one. Ok. 84 FEB 2 61976 The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 7.6-214 A MOTION OE INTENT TO ADOPT ON FIRST READING A PROPOSED ORDIN= ANCE INCREASING RATES AT CITY OF MIAMI MARINAS, SUBJECT TO THE FOLLOWING: COMPLETE FINANCIAL ANALYSIS OF THIS OPERATION BEING FURNISHED B1 THE CITY MANAGER PRIOR. TO IT:' CONSIDERATION ON SECOND READING; MONEYS DERIVED FROM THIS OPERATING BEING USED FOR MARINA IMPROVEMENTS; ESTABLISHING A ?E' TTER RAPPORT BETWEEN TENANTS AND THE CITY GOVERNMENT, INCL'TflING POLICE AND FIRE; A DISTINCTION BEING MADE BETWEEN TENANTS WHO LIVE ABOARD AND THOSE WHO DO NOT; INSURING THAT CITIZENS OF MIAMI WHO USE THESE FACILITIES WILL NOT Pr:, SUBSIDIZING TO ANY EXTENT PERSONS WHO ARE NOT CITIZENS OF MIAMI; A LOWER RATE FOR CITY OF MIAMI RESIDENTS AS OPPOSED TO NON-RESIDENTS; RATE INCREASE TO BECOME E:r'I'ECTIVE ONLY AFTER PRESENTLY EXISTING INADEQUACIES HAVE BEEN CORRECTED; AND THE FORMATION OP A TENANTS OOM ITTEE TO ASSIST THE ADMIN- ISTRATION IN LOCiifINO TROUBLE AREAS. Upon being seconded by Ccmm4:4sioner. P 1.urimer., the _Ti'tion was passed and adopted by the followi:-:g *,Tote: AYES: Mr. Plummer, Rev. Gibson, Maycir Ferre an3 Mrs. Gordon. NOES: None. ASSENT: I4r. Reboso. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING CHAPTER 50 OF THE CODE OF THE CITY OF MI1MI, FLORIDA, ENTITLED "SHIPPING VESSLES AND DOCKS", IN ITS ENTI1F,TV, AND ENACTING A NEW CHAPTER 50 ENTI'i'LEi: "B0? TE , SOCKS, MOORINGS, AND CONTROL OF CITY WATERS"; P.2OV1L ] rr; RULES AND REGULATIONS AS TO THE USE Ok .: TY MARINA:' • rRC'.'IDTNG RULES AND REGULAT- IONS FOR HE OFERA;.'ICN ;)F O01.1:?JL .CAL VSSSELS; PROVID- ING RULES AND REGULATIONS RELLTINC; TO THE OBSTRUJCTION OF CHANNELS, UNLAWFUL ANCHORING, MOORING OR DOCKING, AND THE LNL.AWFOL USE OF NAVIGATIONAL AIDS: PROVIDING r BERTHING INFORMATION RULES AND REGULATIONS GOVERNING ALL VESSELS AT CITY MARINAS; PROVIDING BERTHING INFORM- ATION RULES AND REGULATIONS CORNING NONCOMMERCIAL VESSELS AT CITY MARINAS AND RE; -RENTAL BY CITY OF VACANT BERTHS; PROVIDING FOR DOCKAGE FEES AT CITY MARINAS AND RULES AND REGULATIONS AS TO THE USE OF UTILITIES; PROVID- ING FOR RULES AND REGULATIONS AS TO TI!E CONTAMINATION OF CITY WATERS; PR!IVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES: CODE SECTIONS OR P R 3 i'idFREOF IN CON- FLICT, INSOFAR AS THEY APE IN CONFLICT; PROVIDING A SEVERABILITY PROVISION. . Was introduced by Mayor Ferre i:.d se' cadet_' by Commissioner Gibson and passed on its first reading by title by the .fc'_'..owing vote: AYES: Mr. Plummer, Mayor Ferre, Rev. Gi.bsc: ar.: ;irs. Gordon. NOES: None. ABSENT: Mr. Reboso The City Attorney read ti%o ordinance into the publ c.record and announced that copies were available to tiu- :,embers of the City Com- mission and to the public. Mayor Ferre: When will this be corm r<y back to us? Mt. Lloyd: It will be a month. Mayor Ferre: I think it will be longer than that. Mr. Lloyd: it may be longer than that actually but it will be at least a month with our advertising procedure. Mr. Andrews: Mr. Mayor, depending on our meetings with .... Mayor Ferre: That's a valid request. I think (1) that we will get you all types of accounting information a week at least before the meeting. (2) That we will have an evening meeting for the second reading. Mr. Roth: Mr. Mayor, may I ask may we be granted the priviledge the opportunity that if the Tenant's Committee, I was going to take this up with Mr. Dixon later, that the Tenant's Committee deems it advisable and wants to do it to spend the money on qualified certified public accountants or find that talent within their own organization would you make it part of your direction that we get the cooperat- ion so we don't have to g' `?ehi_nd ;somebody's back to get these figures as has been implied today? And may we have more than a week, a week is no sufficient to do that, Mr. Mayor? Mr. Mayer, 1 would suggest that we have not less than more month before that reading... Mayor Ferre: Now look, you're not going to put this thing off for two or three months. Now if you want more than a week I think if you.... something reasonable like two weeks. Mr. Roth: Alright, but the most important thing I wanted to ask you, Mr. Mayor and the commission, that you give us your official blessing to either hire someone to do this or to provide qualified people from the Tenant's Association... Mayor Ferre: No, here is what we will do. We will provide you with the figures. If you want to question then you have the right to question them and Mr. Andrews, I think I speak for the administration and all of us. You have our assurance that everything is open, you will have available all the books if you want to discuss anything you will provide the :staff to help them. Mr. Andrews: Not only that, Mr. t-?rr, I will be willing to meet with them here in this session outside of thr 7:omission meeting forum so that all that explanation can take place. Mr. Trainor: (INAUDIBLE) Mayor Ferre: Why don't you come over and do it on the microphone. Mr. Trainor: You know everything is predicated upon being a taxpayer but like Alexander said, it is a residential community so in considering your rate structures maybe these people don't own a home but they cwn a boat, they do live there but they do vote in Miami and they do spend money in the community, they do make it possible for guys like me to pay my taxes but they are residents of the City of Miami. They may not be the taxpayers but they are sure residents and if you could include that in your thinking. Mayor Ferre: I don't understand what you're saying. Mr. Trainor: In other words they may not be a taxpayer but they are a registered voter. So like we said it is a residential community. Maybe they're not paying taxes but we are getting, people who live in Miami spend their money in Miami... Mayor Ferre: Monty, that's something that obvi.A.Isly we recognize and what in effect we're trying to do I think is try to distinguish (1) the residential community that lives there and what they should pay, what their fair share is. (2) People who have boats in the marina and (3) people who have boats in the wet storage area. Those are as I see three distinctions. Furthermore, we get into the distinction of the people who use boat slips here and aren't taxpayers and don't live in the com- munity, so there are four distinctions. Ladies and gentleanen, this hearing is now at an end and we will see you, in my opinion it will be two months before we meet again. 46► ALLOCATE $5,500 FROM PARKS FOR PEOPLE RECREATIONAL BOND FUND-AFRICAN SQUARE The following resolution was introduced by Commissionet Pltfnmier, who moved its adoption: RESOLUTION NO. 76-235 A RESOLUTION ALLOCATING THE SUM OF $5,500.00 FROM THE 1972 PARKS FOR PEOPLE RECREATIONAL FACILITIES BOND FUND TO PAY THE FINAL JUDGEMENT IN THE CASE OF THE CITY OF MIAMI vs GISELE FASHIK, ET AL., CASE NO. 74-21840, AKA AFRICAN SQUARE; AND AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE SAID SUM TO RICHARD P. BRINKER, CLERK OF THE CIRCUIT COURT OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. Mr. Lloyd: Mr. Mayor, before we adjour I want to call your attention to that memo I passed out to you and it is important that each commissioner read that very care- fully. Mayor Ferre: About Taxicabs? Mr. Lloyd: Yes, sir. Let the record reflect that all items have been deferred by the Mayor which have not been heard today until the next meeting and that commis- sioners have all received copies of all ordinances which were passed today and copies have been available to the public. ADJOURNMENT: THERE BEING NO FURTHEQ BUSINESS TO COME BEFORE THE CITY COM- MISSION THE MEETING WAS ADJOURNED AT 6:11 O'CLOCK P.M, Maui.ce A. Fetu MAYO R ATTEST: H. D. SOUTHERN CITY CLERK Rcte.ph G. Ong-te ASSISTAN CITY CLERK FEB 2 61976 ITEM NO 10 11 12 13 ITY of M4AMI DOCUMENT IND DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT AUTHORIZING THE ISSUANCE OF A PERMIT TO THE GESU CHURCH FOR AMUSEMENT RIDES AT 118 N.E. 2ND STREET ON MAY L, AND 2, 1976 AUTHORIZING THE ISSUANCE OF A PERMIT TO MIAMI NORTHWESTERN HIGH SCHOOL FOR AMUSEMENT RIDES AT 7007 N.W. 12TH AVENUE. ACCEPTING THE COMPLETED CONSTRUCTION OF MARKS BROTHERS COMPANY FOR THE CONSTRUCTION OF N.E. 4TH COURT HIGHWAY IMPROVEMENT H-4360 CONFIRMING ORDERING RESOLUTION NO. 75-1015 ACCEPTING THE COMPLETED CONSTRUCTION OF ELEC- TRIC POWER & SERVICE, INC. FOR THE CITY HALL - ELECTRICAL IMPROVEMENTS-1975 AT A TOTAL COST OF $26,587.00 ACCEPTING THE COMPLETED CONSTRUCTION OF DESIGN CONSTRUCTION CORPORATION FOR NEW FIRE STATION NO. 6- 1974 AT A TOTAL COST OF $432,482.74 ACCEPTING THE COMPLETED WORK PERFORMED BY CUYAHOGA WRECKING CORPORATION AT A TOTAL COST OF $5,833.00 ACCEPTING THE PLAT ENTITLED ALDI SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI. ACCEPTING THE PLAT ENTITLED COMFORT MANOR SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI. ACCEPTING A DEED FROM BESSEMER SECURITIES CORPORATION CONVEYING TO THE CITY OF MIAMI FOR MUNICIPAL PURPOSES THE SOUTH 5 FEET OF LOTS 5 THROUGH 10, INCLUSIVE, TN BLOCK 1, OF THE GAR- DEN OF EDEN, AUTHORIZING TOTAL AND FINAL PAYMENT IN THE AMOUNT OF $15,500.00 TO TRAYCOR MARINE FOR SANDBLASTING, REPAIRS, AND RECOATING THE MA- RINE STADIUM FLOATING STAGE. AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO ENTER INTO NEGOTIATIONS WITH THE CONTRAC- TOR LEADING TOWARD THE TERMINATION OF THE CONTRACTS FOR THE CONSTRUCTION OF COMFORT STATIONS, MMETING DATE. February 26, 1976 COMMISSION ACTION R-76-201 R-76-202 R-76-203 R-76-204 R-76-207 R-76-208 R-76-209 R-76-210 R-76-211 R-76-212 R-76-213 R-76-214 RETRIEVAL _CODE NO. 0047 76-201 76-202 76-203 76-204 76-207 76-208 76-209 76-210 76-211 76-212 76-213 76-214 14 15 16 17 18 19 20 21 22 23 24 25 26 DOCUMENT IDENTIFICATION uMENrN DEX CONTINUED AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIAL TO PAY THE REGISTRATION FEE FOR THE ATTENDANCE OF RON SILVER, ESQ. AT THE 1975 AND 1976 INTERNATIONAL FOUNDATON OF EMPLOYEE BENEFIT PLANS CONFERENCE. ALLOWING THE USE OF WATSON PARK WITHOUT PAYMENT OF FEES ON MARCH 20, 1976 FOR AN EARTH DAY PROGRAM. WAIVING THE RENTAL FEE FOR USE OF THE BAY - FRONT AUDITORIUM ON JULY 11, 13, 1976, IN CONNECTION WITH THE ACTIVITIES OF THE FOUR- TEENTH ANNUAL BOWLING TOURNAMENT OF THE AMERICAS. WAIVING THE RENTAL FEE FOR THE USE OF BAY - FRONT AUDITORIUM FOR FOURTH OF JULY NATURALI- ZATION CEREMONY, THIRD CENTURY, USA, TO PAY ANY EXPENSES INVOLVED. WAIVING RENTAL FEE FOR THE USE OF MARINE STADIUM FOR THE GREATER MIAMI PHILHARMONIC SOCIETY FOR CONCERTS TO BE PERFORMED ON MARCH 6 AND APRIL 3RD. ACCEPTING THE BID OF ICM INDUSTRIES, INC. RECEIVED FEBRUARY 6, 1976. ACCEPTING THE BID FROM BISCAYNE FIRE EQUIP- MENT CO. ACCEPTING THE BID OF CUSTOM AMBULANCES OF FLORIDA, RECEIVED ON JANUARY 5, 1976. ACCEPTING THE BIDS OF HALLMARK CONSTRUCTION CO., AND C.W. UNLIMITED. ACCEPTING THE BID OF E-Z GO CAR DIVISION, RECEIVED JANUARY 13, 1976 ACCEPTING THE BID OF INTERNATIONAL FIBERGLASS INDUSTRIES. AWARDING THE BID OF HOLLAND PAVING CO. INC, ALLOCATING THE SUM OF $5,500,00 FROM THE 1972 PARKS FOR PEOPLE RECREATIONAL FACILITIES BOND FUND TO PAY THE FINAL JUDGEMENT IN THE CASE OF THE CITY OF MIAMI VS. GISELE FASHIK R-76-215 76-216 R-76-217 R-76-218 R-76-220 R-76-221 R-76-222 R-76-223 R-76-224 R-76-225 R-76-226 R-76-227 R-76-235 76-215 76-216 76-217 76-218 76-220 76-221 76-222 76-223 76-244 76-225 76-226 76-227 76-235