HomeMy WebLinkAboutCC 1976-05-13 MinutesTY O
M
1 NCOKP (MATED
18 96
ISSION
INU TES
OF MEETING HELD ON Kw 13, 1q76
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H. D. SOUTHERN
CITY CLERK
RALPH Go QNG IE.
ASSISTANT CITY C .ER
mb-
4
•
ITEM NO
.•,
(17n-
Dr .EiULAR MEETING
MIAMI4 FLORIDA
1 21.Merait. 5:13-Mt t et:
1. INTRODUCTICii=7:
2. DIRECT
• NANCE
MURP,L NEW
Y.TIONAL EXPENSES -
3. WA. VE. 71..1; : ...VI 3,1S MEETING.
4.
COMPLAY;.:7
ACC'iP7
5.
6 .
7.
8.
9.
OBJEC1
BRADDOC' -
OBJECT7.4-::',:,
MARCO
ODUEOTIS 0:
ACRES Ki--3:;;14k-
PO.
lo. AD VT
L72t-:7,
• TO EUR
11. WAIVE
CULi-ZR •
22.
CODC.. -77,77. 7i_ •
13. AMEND
14.
16.
17.
18.
19.
20.
21,
22.
AR. TIRUS AFR I K
• SANITARY SEWER
RZSOLUTI ON - EAST
- SR-5410-C
... -.,-..:ESSMENT ROLL - SAN
7 .1 :-';7:7_7:":" SR-5374-C
7 -7,777 ,ESSMENT ROLL - REID
• - ;1S AND SPECIAL ITEMS
THE PLAN OF
7-ENNIAL PILGRIMAGE
.:ES -TRACT +C+
22. 23, BLOCK it
93-A.
AMEND 657':..! (138)
H
AMENAJ _
DENT;,L 7ZLEVISION, PHONOS AND
HOME
- FEDERAL
CHANGE
'GARDEN CT EITS.11‘:.
AMEST.; •
AVENUE
$UBSECTI ON 16. INCI-
-
. . SON VILLA AND
- ?LAZA VENETIA.
r.
'.•.: .',1::OTH OF SHIPPING
AMEND FOR USE OF CITY
MEAXI
OF
WAIVE FZE;:, AT 2ARKS FOR PERSONS OVER
62 KC MIAMI.
WAIVE REai.J.J.ZE-.
PLAZA
'ACCt7--T
1975v
,770UMENTS FOR CHOPIN
AL PARK PHASE 11.
AC0:PT HEIGHTS PARK-
PARK:4 :97'5
ORDINANCE OR I-
RSOLUTION NO PAGE
M 76-444
DISCUSSION
R 76-445
R 76-446
R 76-447
R 76-448
M 76-449
R 76-450
R 76-451 15
FIRST READING 16
FIRST READING 16
3
3-4
5-12
12
13
13-15
FIRST READING
8548
8549
8550
8551
R 76-452
R 76-453
R 76-454
16
17
17
18
19
19
20
20
.06
1 '~
X
iMaOTCC CF REGULAR MEETING
CITY CAMISSION CF MIAMI, FLORIDA
ITEM NO SUBJECT
23. ALLOCATE ! 6e iX.'; PR SS;:c; AL SERVICES FOR THE
DOWNTOWN GWN CONVENT .. E!, iTER .
24. ALLOCAT:- 2 : � 2 `_ pR OFESS I '1' AL SERVICES FOR THE
DINNER ::E R r:'` , i CENT -:.'' ::,Pz.'SITI ON HALL.
25. LEASE C.'" THE EXTENSION OF
BICENTENN1 L
26. ACCEPT �U }''. Y :;P W"'' DEED OF DEDICATION FROM
ALLEN : u_ (;. J-.'4 T :'';?.TNT VIEW).
27.
28.
29.
30.
31.
32.
GRANT t =.Vi: ::, :' :';Jliv: c:•L, : SLAT FENCE TO MONROE
ZALKIN.
PLAT ACCEPT,;4CE - 5U23.:VISION.
PLAT :"}CC:i T..,�v - • . ''JEC i t Ltv,INi SUBDIVISION.
PLAT AC EPTfNC: - '_RTA GARDENS SUBDIVISION.
REVE NCr:
HOUS1N ..1' r
33.
�' MERITS - :. r'•�
34. ! AWARD 1976.
35. AWARD Ln - .IVER COMMUNITY DEVELOP
MENT
BALANCE OF FEDERAL
36.
37.
38.
39.
40.
41.
42.
43.
1
44.
45.
46.
C :MUNITY BUILDING IMPROVE
AWARD BID - W' NI "'%1-) Ply,.":L'S PROJECT B-4398. WYNDWOOD
SANITARY SEWER l:: F ICA T IONS SR-5418 - HOLLAND PAVING.
AWARD Ky .,;.::'_ .'. P}' ':::" , F;JECT B-4398. WYNDWOOD
SANITARV BID C.
AWARD -' ::. - ? 3L,E i. ! Y E : "::` : ' t :. DEVELOPMENT STREET
1MPR3`"'.'E'`-;
AWARD :'-::: -- ~Oi.'' "':NCESKCN A7 NEW MIAMI POLICE
HEADC.t;.'--'. TE'r';S• .
ACCEPT LTD - '_.RC :ING REPRODUCER.
AWARD 317) - ,-,W! ING POOLS.
AWARD B2L - E . .:. ; r LI: _S , `D DUST CONTROL
PRODUCTS,
ECUATC,P'..+ F :5.` NTr, T ON CF TROPHY FROM MAYOR
PERStiN .. aF'' `-,:...: :,' :.CAR E CONZALEZ REGARDING
12 UNIT PRCJE S.W. ., 9'i;. STREET.
SUPPED CLUB P2 .,'J J' AT W. 7TH AVENUE,
ORDINANCE OR
RESOLUTION N01 PAGE
R 76-455 20
R 76-456 21
R 76-457 21
R 76-458 22
R 76-459 22
R 76-460 22
R 76-461 23
R 76-462 23
8552 23
DEFERRED 24
R 76-463 25
R 76-464 25
R 76-465 26
R 76-466 26
R 76-467 27
R 76-468 27
R 76-469 27
R 76-470 28
R 76-471 28
R 76-472 28
DISCUSSION 29
PRESENTATION 29
M 76-473 3Q-31
M 76,474 31-33
lX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MAC FLORIDA
ITEM NO SUBJECT
47. PERSONAL •APPEARANCE OF EFRAIN 'MNZALEZ REGARDING A
6 UNIT PROJECT AT i `f, S.W. 19 th AVENUE. DISCUSSION
48. RELOCATION CF PRCPC ED VELODROME TO VIRGINIA KEY SITE. M 76-475
49. i REALLOCATION CF FE.::RAL REVENUE SHARING FUNDS. DISCUSSION
50. IAMEND RESO. 7-2O CF NGING ~NOUN FROM $4,598 TO
1 *31894. R 76-476
51. 1AWARD BID - :-! :VIh'}= EXPENSES CF MIAMI POLICE DEPART-
MENT TO NEW BU I I D I °Erg . R 76-477
0
52. AUTHORIZE f ANI EF. i'.EG O7i 7E. FOR SELECTION OF FIRM
FOR FC__ASIBILI-N STu`Y FOR ME DEVELOPMENT OF WATSON
ISLAND, M 76-478
1
ORDINANCE OR
RESOLUTION NO,
53.
54.
55.
56.
AP 57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
RECEIVE ANNUAL M,T j.UD2T Y TOE. CHE, ROSS AND CO. R 76-479
APPROVE LEG ".�TIJN "1;Y REPRESENTATIVE JOSEPH GERSTEN
ENABLING METER t,;' DS TO ISSUE PARKING VIOLATION
CITATI NS R 76-480
RESOLU'+'10t'C NE PING ,.:OCP "ION OF PROPOSED DADE
COUNT':' 07.=: C: ._;;::SPHERIC SULFUR
DIOXIDE EM SSI^2Y=i..".. R 76-481
AUTHOR CITY '''V S. I'. R 70 ENTER INTO AGREEMENT WITH
MANPOWER '- _,:' -;: ` . "''2';fi I L DADE & MONROE COUNTIES -
MIAMI ANNEX TEN � CYMENT PR)GRAM. R 76-482
CONFIPM C T NS i'r _ ; Y i?A:'Ac .: IN SUBMISSION OF
GRANT A?P..TCA.T O - CMI'D DAY CARE PARENT TRAINING
DEMONSTRATION 'N=ZEiii R 76-483
CONFIRM ACTION r.r :7Y MANAGER IN SUBMISSION OF GRANT
APPLICATION O`i - RE':s:_. T` Oh; PROGRAMS FOR MENTALLY
RETARDED ADULTS. R 76-484
CONFIRM ACTION C7 .T!` MAN3.GE? IN SUBMISSION OF
GRANT APPLIC ".TI J - COM JNITY RETARDATION SERVICES. R 76-485
WAIVE RENTS i.. FEE FOR DINNER KEY AUDITORIUM - RARE
FRUIT COUNCIL 37 7LORIDA. R 76-486
AMEND RJLE V':i'± ';"_;TION 3 OF CIVIL SERVICE RULES &
REGUL. .. CNS - ON ";C:: IN CEFTIF CATION. FIRST READING
AMEND CH/•.? T E 17 CF CODE-CHARGEF. FOR WATER USED
SOLELY IN FIRE P ?:;TETrIO I SPRINKLER, ETC. CHARGES. FIRST READING
ESTABLISH CITY OF MIAMI DISASTER PREPAREDNESS
ORGANIZATION.
PROVIDE FOR CONTIN!..IT`, OF EXECUTIVE FUNCTIONS OF
THE GOVERNMENT 07 CITY OF MIAMI IN EVENT OF ATTACK
ON THE LNI."Li.L S^•liTZS.
R 76-487
R 76-488
ADOPTING CIT`: OF EMERGENCY OPERATIONS PLAN, R 76-489
ATTORNEY ELYW J. GONG - CITY OF MIAMI PENSION
MATTERS.
DISCUSSION
33w34
35=39
39
39
40
40-43
43
44
44
45
45
46
47
48-49
49
50
50
51.
ITEM NO, SUBJECT
67.
68.
69.
70.
70(A).
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83,
84.
lax
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
DENY CHANGE OF ZONING CLASSIFICATION FROM R-5 TO
R-3 FOR FAIR ISLE.
DIRECT CITY ATTORNEY NOT TO PROCEED WITH APPEAL
CITY OF MIAMI VS. SOUTHEAST 1ST NATIONAL BANK,
CIVIL ACTION NO. 74-13677.
SOUTHERN BELL TELEPHONE COMPANY - PROPOSED FRANCHISE.
WAIVE PAYMENT OF CITY INVOICE IN THE AMOUNT OF
$2.882.1.1 - GOLDEN GLOVES TOURNAMENT.
MINORITY BANKS.
LITTLE HAVANA NEIGHBORHOOD FACILITY, PROPOSED
DEDICATION DATE.
NEW POLICE HEADaUA RTERS BUILDING - PROPOSED DATE
OF DEDICATION.
AWARD BID - BUIL I1.,G DEMOLITION AT RIVERSIDE CHURCH
PROPERTY.
AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH CHAMPION SPARK PLUG COMPANY FOR HYDROPLANE
RACING EVENT AT THE MARINE STADIUM.
APPOINT COMMISSIONER J. L. PLUMMER TO MIAMI TRAFFIC
ASSOCIATION BOARD.
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
MIAMI-DADE JUNIOR COLLEGE FOR WORK-STUDY PROGRAM -
RECREATION LEADERS.
WAIVE PAYMENT OF POOL ADMISSION FEES BETWEEN JUNE 14
AND SEPTEMBER 6, 1976 FOR RESIDENTS UNDER AGE 18.
MIAMI CITY EMPLOYEES RETIREMENT SYSTEM - SECURITY
PORTFOLIO.
INTERAMA - ROADWAY DEDICATIONS THROUGH CITY OWNED
LAND.
PEOPLE MOVER SYSTEM PROPOSED FOR DOWNTOWN MIAMI,
DISCUSSION OF PROPOSALS AND SETTING OF SPECIAL CITY/
COUNTY JOINT MEETINGS.
CHANGE MEETING DATE FROM JUNE - TO JUNE 24. 1976.
URGE SENATOR CHILES AND SENATOR STONE TO FIGHT FOR
ENACTMENT OF PUBLIC WORKS EMPLOYMENT ACT OF 1976
CONTAINING COUNTERCYCLICAL FISCAL ASSISTANCE AMEND-
MENT BY SENATCR MUSKIE.
MOTION OF INTENT TO PERMIT USE OF ORANGE BOWL PRESS
BOX BY BOY SCOUTS OF AMERICA SPONSORED BY DOLPHINS.
MOTION OF INTENT TO PAY EXPENSES OF COMMISSIONER
PLUMMER AND CHIEF HICKMAN'S VISIT TO BOGOTA COLOMBIA
FOR PARTICIPATION IN SISTER CITY PROGRAM.
ORDINANCE OR
RESOLUTION NO,
CONFIRMING RESO.
R 76-490
R 76-491
M 76-492
DISCUSSION
DISCUSSION
DISCUSSION
R 76-493
R 76-494
M 76-495
R 76-496
R 76-497
DEFERRED
M 76-498
DISCUSSION
M 76-499
R 76-500
M 76-501
M 74..502
PAGE NCB
,i
66
67
67-
•
ITEM NO,
85.
86.
87.
•
•
SUBJECT
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI' FLORIDA
EXPRESS/ON OF GRATITUDE TO FOUR CANDIDATES WHO APPLIED
FOR THE POSIT/ON OF CITY MANAGER.
WAIVE CITYS PERCENTAGE OF PROFITS FOR ARTS AND CRAFTS
BAZAAR BY THE NATIONAL ORGANIZATION OF WOMEN.
CONSENT DECREE
ORDINANCE OR
RESOLUTION NOI
R 76-503
R 76-507
DISCUSSION
PAGE NM-
.
•
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
#,******
ON THE 13TH DAY OF MAY, 1976, THE CITY COMMISSION OF MIAMI,
FLORIDA MET AT ITS REGULAR MEETING PLACE IN THE ITY HALL,
35005PAN MERICAN rlRIVE., MMIAMI) FLORIDA IN REGULAR SESSION.
•
THE MEET :NG ',"'AS CALLED TO ORDER AT 9:05 O'CLOCK A, M, BY
MAYOR MAURICE A. 'ERRE WITH THE FOLLOWING MEMBERS OF THE •
COMMISSION FOUND TO BE PRESENT:
CCM I SS I ON R MANOLO REBOSO
IONan , , I., P UMMER, R.
T:- E-i11. YOR ROSE UQRDON
'' =,'r Or; ,IA-JR:,LE A. 1-ERRE
' }, AND77;E4S, CITY MANAGER
A. ?. LROUCH; ASSISTANT CITY MANAGER
jOi-V S. ` -OYD, C I IY AT ORNEY
SCUT;i RN, ITY LERK
R.ALPH : _ UNG I E; ASSISTANT ITY CLERK
ABSENT: REV"�;�, �;-iE71�HE "
IfiSON
AN INVOCATION i"AS DELIVERED BY MAYOR MAURICE FERRE, WHO
THEN LEI) THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG.
A MOT I Oi T d is VE 'i 'rE READING OF THE MINUTES WAS INTRODUCED
AND SECONDED :,'. ?:', PASSED UNANIMOUSLY.
1, INTRC UL7IC :: ,1tL."f DIRECTOR OF FINANCE.
Mr. Andrews: Mr. .iayor and rembers of the commission, ladies and gentlemen
of the aur.icnce = would like to have the privilege of introducing the City
of Miami's new Director: of Finance, Mr. George E. Supensky who comes to us
from Memphis; 'Tonne see where he has spent the last four years. Prior to
that he was involve . as Director of Administrative Services and Contoller
of the government of Samoa through the federal government. Prior to that
time he had 14 year::, c, experience in the private sector mostly at the
controller level of corporations and was responsible for many new programs
in Memphis including computerization installation. He comes to us extremely
well qualified, a very broad knowledge and understanding of financial matters
particularly in the area of bonding, management systems within the Finance
Department. I'd lfke to report that during his tenure the bond rating of
the City of Memphis was increased for the general obligations to AA. As
you know we enjoy an A+ rating so this is one rating higher than the City
of Miami and their ra a.r.gs on Water and Sewer Systems are AAA and this
occured during his tenure. I was particularly impressed with the kinds of
reports that he submirted with his background resume in that those reports
were prepared on a basis of layman's language in very complex areas of fin-
ancing and this will he of real great assistance to both the city adminis-
tration, the new City Manager, myself while I'm here and particularly to
the City Commission '„cause of the amount of materials that you must deal
with any time that you can get complicated subjects reduced to their essence
so you can make decisions become very important and a very important work
tool. With that introduction, I would like you to meet Mr. Supensky.
Mayor Ferre: Good morning, Mr. Supensky, welcome to the City of Miami.
Mr. George E. Supehsk;: Thank you, Mr. Mayor, commissioners. It is my
pleasure for me to ap_)ear before you this morning at today's meeting, I'm
looking forward cc, se:vine; the commission, the admin:_atration and most of
all the citizens of this community, 1 thank Mr, Andrews for the nice intro-
duction and I hope I live up to it for the City of Miami,
ALSO PRES
Mayor Ferre: You'vezoc 6 months to get us to AA.
Mr, Supensky: You're on.
1.
MAY 131976
Mayor Ferre: You think so?
Mr. Supensky: I don't know, We're looking at the $11,000,000 proposed
bond sale that we're getting ready to go out with and hopefully we're
going to be able to put it together and present Miami to the tating ser-
vices in such a Manner that they're going to look at us in maybe a little
bit different light than they've looked at us before.
Mayor Ferre: I want you to know that we've always led this community .In
bond ratings, not in any way knocking our friendly competitive governments
but Miami has always prided itself as having the best rating in this com-
munity and I certainly hope that you will continue that tradition and I'm
sure you will, and improve it.
Mr. Supensky: Thank you.
Mayor Ferre: Welcome aboard.
DIRECT CITY MANAGER
TO STUDY
NOTIONAL EXPENSES- MURAL ON NEW
POLICE HEADQUARTERS
Mayor Ferre.: T have Another nncket item that Mrs. SwAnwants to makr4 a
statement and Mr. Du Pre, the artist is going to say a few words. We're
already late, Nora, so make it very quick, please.
Mrs. Nora Swan: Mr. Du Pre has been in Italy for a number of months super-
vising the execution of the tile and in the original contract there has been
dink
a sum left in case there would be extra expenses involved and there were som _,
extra expenses. I would like to have him come up and tell you about that and
ask for your consideration.
Mayor Ferre: }low much in extra expenses are we talking about so we can
get right to the point?
Mrs. Swan: There's $3:.50.00...
Mayor Ferre: What was the total contract for?
Mrs. Swan: $20,000 and there was $17,850...
Mayor Ferre: For the mural itself.
Mrs. Swan: And there was $3000. (INAUDIBLE)
Mr. Du Pre: Good morning, Mr. Mayor. The $3,150 was allocated for the
contract for the tile, additional professional services as they
may be needed. They haven't been needed so far.
Mayor Ferre: They have not been needed, you say?
Mr. Du Pre: No, so they're free and what happened is the following: I
was there for three months although the professor who was executing with
me the tile promised me ahead of time it would be finished within a month.
That would take care of me. I had promised the people, the authorities
involved like Mr. Pancoast, Mr. Bergstrom, Mrs. Swan and others that I
would be willing to go there and spend about $2000 of my own money to
cover this trip but since it was extended into three months instead of
one month I spent roughly $5000.
Mayor Ferre: This is in Italy where the work was executed.
Mr. Du Pre: That's right, Mr. Mayor. So I spent roughly $5,000 and I
was wondering whether I could be reimbursed,..
Mayor Ferre: Well, I'll tell you in my opinion, have you talked to the
Manager about this? This is an administrative matter,
Mr, Andrews: I'm aware of some of the details of this, Mr. Mayor, it's
not a question of not having the funds available, it's the question of
the propriety of doing, this based on evidence that it needs to be done,
If you will adopt a motion in general form that the City Manager act on
this if, in fact, this is the only, way that this can be solved I wil l
then approve it.
MAY I 3 1976
•
The following motion was introduced by Commissioner Gordon, who moved its
adoptions
MOTION NO. 76-444
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO STUDY
THE MATTER OF ADDITIONAL EXPENSES INCURRED IN CONNECTION WITH
THE MURAL TO BE PLACED IN THE NEW POLICE DEPARTMENT BUILDING,
AND TO PAY SAID ADDITIONAL EXPENSES IN AN MOUNT NOT TO EXCEED
$3,150. 0 PROVIDED IN HIS OPINION SUCH EXPENSES ARE d'USTIFIED.
Upon being seconded
adopted by the following
AYES: Mr. Plummer, Mrs.
NOES: None.
ABSENT: Reverend Gibson
by Commissioner Plummer, the motion was passed and
vote:
Gordon and Mayo_ Ferre.
and Mr. Reboso.
3, WAIVE READING OF MI1M-E3 OF PREVIOUS MEETING
A motion to ,eeive the .-caring of the rinutes teas introduced by Commissioner
Plumper, seconded by Ccetnissioner Gordon and was passed unanimously.
COMPLAINT OF POI ICI:
"r. Tirus Afrik: me. 14a--or, r,emberG of the City of Miami rommiseion, my name
is Tirus Afrie. I am a m ::ber of a committee of concerned people and representa-
tive and I also are representative of the black community. Mr. Mayor and members
of the City Commission, with all due respect...
Mayor Ferre: Are you speae_ng to Item 3?
Mr. Afrik: No, sir, this :.s another matter, it is a very important and urgent
matter.
Mayor Ferre: Weil, the p:.-.s:.=em is, of course, and how many of you are here on
this item? Would you rei e y ur hands? Anybody else here on this item? You're
all here on the same _te-a. How long will this item take?
Mr. Afrik•: Only a Lew rn :utes, sir. The committee of concerned people take
this time to applaud .the 4cy Commission for its enactment on April 22, 1976
Ordinance 8547 reucd.:_ng dhauffer's registration and vehicles for hire; Sergeant
Webb and members of the '°iia;ri Taxicab Bureau for its cooperative relationship
with the Cab Drivers Association in easing tensions and economic pressures. Un-
fortunately, this is not :he case of the departments but the essence of the
matter is this, that the b1c.Ck community is presently under an invasion by a
policeman under the influence of the myths and falacies of white supremacy, men
who are psychotic, misfits and gangsters hiding behind the badge. These police-
men who have swcr:n to uphold the Law but to the contrary by their very conduct
and actions have exposed :he selves to be brutal, savage and barbarous reminis-
cent of the stone age, these viscious and atrocious crimes being perpetuated
against an undefendiug people are unparalleled in history. We have had
meetings and conferences with city and county officials on all levels to help
rectify this grave injustice but to no avail. The courts in this city and of
this county have proved to be non-functional as far as the interests of the black
people are concerned. It is apparent that the courts are nothing but an agency
to cover up the filth within the Police Department. In 1975 there was expose
of 7 Dade County Judees,.:be condoning corrupt activities of policemen and incar-
cerating thousands of JlaCi: people over a period of years. These judges intent-
ionally and deliberately violated the constitution and human rights. These in-
justices of our people before the courts of law of such nature as to create
nothing but disgust ar.s u'_;iresp._ct for your system of justice. In many instances
these miscarriages cf ct:e law are the resuot of alleged traffic offenses. As a
result of a law which =oc'r. affect January 1, 1975 which suspended the license
of individuals unable to pay a fine for a traffic citation within 10 days there
is as of this year some 80,030 motorists driving without a valid drivers license,
This law which was passed is oppressive. It does not consider the working man.
It is a diabolical law and should be abolished. If the Senate Intelligence Com,-
mittee, an agency of the .ir'.-iest legislative body in the country can launch an
investigation ,.cc rupt aetiv ies of the CIA assassinating foreign leaders, the
3
MAY 1 3 am
FBI, spying on the American people, the IRS framing those who criticize govern=
inent and set up a watch dog committee. Then we know the City Comn[ission can do
likewise with the City of Miami Police Department. We emphasize that those who
destructively criticize the ills of any side do mote fot the bettetMent of soc-
ity than those who blindly support its wrong -doing. We appear this day to the
conscience, intellect and good judgement of the City Cofiihission to respond immed,
lately to the complaints and the demands made by the Coitiunittee of Concerned
people, to respond in the name of humanity and good government. The demands of
the Committee of Concerned people ate as follows: (1) Rolan Dixon who was brut-
aly beaten by officers Vincent and Louis , May 7, 1974 as he was walking
down 3rd Street and Miami Avenue. Witnesses stated Dixon was hit with a night
stick and kicked in the temple knocking out his eye. The witnesses say he was
hit after he had been put on his stomach with his hands handcuffed behind his
back; (2) The Coates case where a black policeman was beaten by two white offi.-
cers at Andy's Motor Inn. (3) Miss Fanny Bass who on January 1, 1976 at 9:00
O'Clock P.M. Officers Lang, Atkisson kicked down her door, hit her across the
head with a•flashlight and shot her dog. (4) Charles Stringer. In July of 1975
was falsely accused and refused to sign a traffic citation and was arrested and
incarcerated by Bobby Meeks on this malicious and erroneous charge. (5) Reginald
Green, Charles Stringer; falsely arrested April 2, 1975 at 8:00 O'Clock A.M. while
parked on Grandway parking let. These two men are cab drivers and were legally
parked in the taxi stand. They were told by Sergeant L. Bowens that they were
obstructing traffic when there was no traffic. Officers involved were J. Potter
and D. Moore. (6) Officer Kerbdale? who is known for his harassment of cab
drivers and motorists in the downtown area. We also recommend(1) that orders
be handed down this date to cease all acts of oppression and hostility in the
black community. (2) We recommend that a meeting be set up with the Committee
of Concerned People and...Guriand C. Watkins immediately to ease these tensions
and hostilities in the community. (3) We also recommend that a liaison be
established with the Committee of Concerned People and the Director of the
Police Department. (4) We also recommend that a civilian review board be estab-
lished to deal with various complaints of harassment and...time and time again
because we have no faith in cops and internal Security which is proven only to
cover up these various acts of hostility of policemen. (5) We also recommend
that orders be handed down to ease present traffic laws which suspend the license
of a motorist if he doesn't pay his fine within a 10 day period. (6) We also
recommend that the city challenge Florida Statute which has this present laws
in effect which would suspend the license of a motorist who doesn't pay his fine
in 10 days because this law dces not consider a working man who uses his license
to maintain and attain a living. We thank you.
Mayor Ferre: Could I have a copy of that? Do you have an extra copy or could
we make a copy? And then, Mr. Andrews, why don't you commission somebody to
discuss the specifics of all of this and then ... I'm sorry, I didn't catch
your name.
Mr. Afrik: Tirus Afrik.
Mayor Ferre: Well Mr. Afrik, what we'd like to do is because we're behind on
the agenda right now, if you will meet with the Manager over these specific
things, would you come back at the next meeting?
Mr. Afrik: Yes, we could.
Mayor Ferre: Alright, Mr. Andrews, would you then make sure that this gentle-
men and his associates if they want to come back on the Meeting of June 13th
which is two weeks from now, if you'd schedule them in the afternoon or sometime
when we might have some additional time to discuss these things or if that
doesn't work out then the subsequent meeting. All right? But we'll be back to
you and we'll give you an answer and we'll discuss this further. Thank you very
much for your presence here today.
4
MAY 131976
5. KEPT COMPLETED WORK-GLENROYAL SANITARY SEWER b I s1R t GT SR-5374-C
IMPROVEMENT
The Mayor announced that the City Commission was now ready to heat objections
to the acceptance of completed work in GLENROYAL SANITARY SEWER IMPROVEMENT
DISTRICT SR-5374 - C and SR-5374 - S.
NO OBJECTORS APPEARED.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 76-445
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF GOODWIN,
INC. FOR THE CONSTRUCTION OF GLENROYAL SANITARY SEWER IMPROVE-
MENT SR-5374 C (CINTERLINE SEWER) AND SR-5374 S (SIDELINE SEWER)
IN GLENROYAL SANITARY SEWER IMPROVEMENT DISTRICT SR-5374 C
(CENTERLINE S3WE) AND SR-5374 S (SIDELINE SEWER), AT A TOTAL
COST OF $2,S90,4?0.O5 AND AUTHORIZING A FINAL PAYMENT OF
$327,0] 3.61.
(Here follows bocly .of resolution, omitted here and on file
in the Office of t::e City Clerk.)
Upon being seconded "p;,r Commissioner Plummer, the resolution was passed and
adopted by the fc Wow::ng •.vo
AYES: Mr. Plummer, Mr. c: oso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
OBJECTIONOITMTO EAST BRADUOCK SANITARY SEWER IMPROVEMENT
RESOLUT
0, ION ORDERING
SR-5410-C
The Mayor announced that the City Commission was now ready to hear objections
to confirminE, orderirig .resolution no. 76-92 for the construction of EAST
BRADDOCK SANITARY SEWER IMPROVEMENT SR-5410 C.
Three Objectors Appeared.
Mayor Ferre: Mr. Andrews, is there anything the administration wants to say
before we hear the o ec:ors? If you lady and gentlemen who are here as objectors
would look at that ire? over there there is going to be an explanation of what
we're about to do and then we'll listen to your objections.
Mr. Vince Grimm: This is another area in the city in our attempt to complete
the sanitary sewer districts throughout the city. East Braddock is located
roughly from 23rd Street north to the expressway and from 7th Avenue west to
17th Avenue. In this particular area there are some unique circumstances.
Sewers were generally built, and if you'll allow me a minute I'll go to a larger
map, sewers were generally built in this total geographic area in the late 1920's.
For some reason which our records do not indicate, the areas that you see out-
lined in green on this map were left out possibly because that was 50 years ago,
these were large and undeveloped tracts and sewers were not necessary but that
is specultion. Were attempting today to complete these remaining parcels.
Now in these green areas there are 385 different ownerships. Based on our letters
to the property owners we've only received 11 objections and four in favor of it.
The primary objectors are those that are located on properties which have sewers
in existence and they own property that runs through the block so that where we're
now building sewers on streets in a .sense they feel that they're getting a double
tour. Now in only one ca:,e, and that's the corner of 17th Avenue and 36th Street
is the property under a tract designation in which the one owner owns by having
retitled the properties, a i the lots on both streets. In all the other cases
they still remain in individual lots abutting streets so that although one owner
may own through from 36th Street to 37th Street that does not preclude the poss-
ibility that that lrcntc.ge cn 37th could one day be sold off and developed some
other way, Pius, the properties which are across the street from it would not
receive sewers. In essence, Mr. Mayor and members of the commission that's a
Summary of what we propose to do. Now there is one thing that we can do that
would benefit these people and I'm willing to do this, and that's to eliminate
all lateral connections to .Lose pieces of property. In that case that would
save them roughly $500 for each lot.
Mr. Plummer: (INAUDIBLE)
Mr+ Gtittt: If the property were ever sold, what we do is we put a "Y" in the
stteet and if the property is ever sold off then the person when he tied into
that sewer would have to build his own lateral instead of us building it for
hit,
Mayot Fetre: All tight, now let's hear the objectors: Yes, sit,
Mrs A,F, Dryer: My naive is A,F, Dryer. I own 210 feet east of 17th Avenue on
36th Street, the buildings go all the way through to 37th Street, We have
sewage and we have water and we have had for 25 years, I also own a piece of
property 37 1/2 feet along 37th and 67 feet deep which I cannot get a permit to
build on. I own another piece there 75 feet on 37th Avenue and 67 feet deep and
can't get a permit for either one of them. Now I don't understand why I have
to put sewage in some place where I've had it for 25 years,
Mr. Grimm: Mr. Mayor, Mr. Dryer was the one that I used in my example,
Mayor Ferre: All right. Mr. Dryer, did you follow the example of what he's...
Mr, Dryer: I did. Yes, I can't see any sense of it. You can't possibly build
anything else on 37th. You can't get a permit for a half a lot, you can't get
a permit for a lot that's only 67 feet. It is going to cost me in the neighbor-
hood of $7,000 just without laterals or whatever you call them coming into the
property just from the main sewer lines... I can't afford it. I've paid
$420,000 for that property and I'll sell it to you for $350,000 now. Things
are going down all the time, you don't get no protection around there, you pay
for parking and everyother thing. People just quit coming...(INAUDIBLE)
Mayor Ferre: I well understand and sympathize with your problem. It's not
unique, it's a serious problem, it's affecting a lot of people in this commun-
ity.
Mr. Dryer: Well, they've got a piece of property right next door to me that
goes all the way up to 15th Avenue in the same position I'rn in, the Cordis Com-
pany, they own from 36th Street...
Mayor Ferre: You know, Mr. Dryer, we're faced with this very same problem every
time we have a sewer improvement project. You know I've served this city now
for 7 years, and I think I've only seen two or three times whenever we've had
one of these sewerage projects without complaints. There are always citizens
that come down, one, two or three who more or less say the same thing and it
is a very serious problem and it is a very difficult decision for us. But you
know the problem is that the City of Miami committed towards being a fully
sewered city. It is important and we've tried to do everything, Mr. Plummer
has come up with some good recommendations that we've incorporated and all of
us here are trying to make it easier on the homeowner. But the question is
how do we make an exception in one particular neighborhood. Don't you see?
We're trying to sewer the whole city and I know it is difficult. It is rough
on people. I know that. I don't know what else to do. Maybe somebody could
come up with an idea that we haven't figured out yet but we don't know what
to do except follow the guidelines that were previously set up. But let's hear
the other people.
Mr. Dryer; I would like to say that there are very few houses there. There's
one on a half a lot on 37th and two or three more up there on the other side
of the street. ...
Mayor Ferre: Alright, let's hear the lady and the other gentleman here
UNIDENTIFIED SPEAKER: Mr. Mayor, commissioners, I am just one of the homeowners
in this area and our taxes have been consistently raised. I'm a widow and there
are four in my block. We cannot afford any more money. We just haven't got it.
And to be assessed $955 for sewer which we feel like we don't need, I know it's
wnderful to have improvements but we can't afford it. There are four widows in
our block beside other people who are on a fixed income.
Mayor Ferre: Well, I wish I've
Solomon and had the wisdom of Solomon to give
you a solution. You know I ve been a proponent for years that we've got to figure
out a way, realestate taxes is not the way to tax people. It is wrong. It is
a bad way to tax people. It's regressive taxation. But we're stuck with it.
We don't seem to be able to find any other way to finance government and it's
a terrible way to do it. It is unfair and unjust, it puts too much of a burden
on the people who can least afford it and it is a bad form of taxation but no-
body has been wise enough yet or strong enough to come up with an alternate.
i II IIPII IuuIP III IIIII!11II II l
MAY 131V76
One of the things that I believe in and Senator Ken Meyers put a bill in which
is still alive, thank God, in the legislature is a bill that would freeze the
assessment or the taxes that a person that's over 60 years old would pay and
then when that person either died or sold his or het house then the moneys that
had not been paid would become due so that when you sell your house if you make
a profit of if your heirs inherit the house and they want to keep the house then
they would have to pay what has not been paid, the difference, So that if your
house, for example at a certain point is assessed at $20,000 or whatever it is
and it keeps going up and up and up that's where you get caught, you see. But
I don't know how else tc solve this. I'll admit to you I just don't have the
wisdom to figure out how to solve the problem of widows and people who are
affected when we go about improving the sewerage and there is no denying that
this city has to have a sewerage system. And the problem is how do you go about
doing it without hurting a lot of people. A lot of people come up here and
they say, I don't want a sewer, I've had a septic tank all try life. I want to
live on a septic tank. 'Lou know, and democracy is a system of government where
you're free to do whatever you want as long as you don't affect somebody else
but when what you do begins to affect others then laws have to be made to con-
trol that and that is what this is. We're trying to control the propr growth
so that we have a healthy city. We need sewers.
UNIDENTIFIED SPEAKER: I understand that but what about the people that are re-
tired and live on fixed incomes? If I have to keep paying this extra money I'll
have to sell my home, i can't afford it. I just don't have it and I'm not the
only one.
Mr. Plummer: Let me ask this question of you and it doesn't make it any easier
but just to make sure you're aware of the law or what is open to you. ARe you
aware that that money is payable over a 10 year period?
UNIDENTIFIED SPEAKER: That still makes it around $100----
Mr. Plummer: Well, I'm saying it's not like you've got to lay $955 out tomorrow.
UNIDENTIFIED SPEAKER: I realize that but I can't afford it and a lot of other
people can't in my area arc' I'm speaking cn my own lot.
Mr. Plummer: Hey, we ray-: into this same problem every time we try to put in
an improvement.
Mr. Grimm: Mr. Plummer, I don't know if this would be a help to the lady or
not but if this is confirmed today our schedule is some time in September to
start construction. It would be late in 1977 before the sewers were completed
and it would be at least another year from then, so you might be talking early
78 or 79 before you even goc billed.
UNIDENTIFIED SPEAKER: I was under the impression that as soon as it was finished
we were going to be assessed.
Mr. Grimm: No, ma'am because we have to go in and make final measurements and...
UNIDENTIFIED SPEAKER: ..:,e approximately $170...
Mr. Grimm: Approximately :ate 78 or early 79 before you'd even get your first
bill.
Mayor Ferre: Now the only thing we don't want you to do is we don't want you
worrying between now and 1979.
UNIDENTIFIED SPEAKER: That's wha: I'm doing.
Mayor Ferre: Alright, thank you, ma'am. Yes, sir.
UNIDENTIFIED SPEAKER (2): I'm speaking along the same lines as the lady's point.
The way I understand this...run the laterals through my property. After I hook
up and Dade County takes over...
Mayor Ferre: Could you clarify that?
Mr. Grimm: Yes, sir. When the sewers are completed they
Dade County for maintenance, That's true.
are turned over to
U.S.(2); There I will pay two people. We pay you and we pay Dade County some-
body is going to get left out because there isn't enough money to go around,
Mayor Ferre: This is for two different things. What you're going to pay the
City of Miami is for the connection of the sewer line itself, Now what you're
going to pay Dade County is for the usage as it is used, In other words some-
body has to pay the sewer system here.
U,S6 (2): Well, who puts it in?
Mayor Ferre: We put it in and you pay for it as it affects your house,
U,S. (2): But you put it in?
Mayor Ferre: The City of Miami puts it in.
U.S. (2): Ok. Nov how does Dade County get into it?
Mayor Ferre: The City of Miami owned the sewers plant and we turned it over to
Dade County. You know how you pay a phone bill or a water bill? You know you
pay for water, you receive water and you pay for the water you use. Well, you
also pay for sewers. The Water & Sewers Plant, the City of Miami was turned
over to Metro. They run it now. We don't run it any more. So we're talking
about two things. One is the connection, the actual building of the sewage
line, that we do. We're responsible for that, every city is. But the actual
running of the sewage system is run by Metropolitan Dade County just like the
water, for example.
U.S. (2): I still don't understand that...(INAUDIBLE)
Mayor Ferre: That's correct. It must be sewered.
INAUDIBLE
Mayor Ferre: There are no options, we have to be sewered. That's the law.
INAUDIBLE
Mayor Ferre: You don't have to hook up. If you don't want to live there you
can move out but if you want to live there, you are by law, you're going to
have to hook up. No?
Mr. Plummer:
it is hooked
then have to
INAUDIBLE
You don't have to hook up until your septic tank goes out. Once
up you cannot ever thereafter have your septic tank repaired. You
hook up. If you septic tank holds out for 20 years....
Mr. Plummer: There are no options. If I'm not mistaken, Mr. Grimm, explain to
him the percentage of how it's paid. You're not paying the whole thing, sir.
Mr. Grimm: The total cost of the sewers in round figures run about 40% of it
is assessed against the property owners and 60% of it is assessed against the
city as a whole. Now I don't want to mislead you into thinking that the assess-
ment roll perse is based on that but that's just a general breakdown of the
expenditures of the cost. And further than that, when the individual property
owner's assessment is determined his portion of the cost of the main line sewer
is reduced by 25%. He pays 100% of the cost of the lateral. Now that's the
reason why in the letter I sent to them I sent them an approximate cost per
foot based on a 50 foot lot. In other words if they had a 100 foot lot their
sewer would run roughly for the main line sewer about $9 a foot and the cost of
their lateral would run around $500.
INAUDIBLE
Mr, Grimm: You're paying for something that has to be constructed in order for
you to be able to use it. The fact that you don't use it at this time is a
choice that we allow you to make until something happens with your septic tank.
The law would give us permission to say hook up now but we don't do that. We
wait until something happens that requires you to hook up,
INAUDIBLE
Mr, Grimm: Remember,
In other words we're
that you can use it.
Once again I said the option of not using it is yours,
not telling you not to use it, we're putting it there so
Well, if it were put to my lot I'd use it,
INAUDIBLE
MAY j 3 1976
Mr, Grimm: There is no way that I can adequately answer that question, You
know that, I'm not in a position of being able to determine your individual
finances.
Mayor Ferre: Alright, air, are there any other speakers on this item? Alright,
Do you want to speak on this item?
INAUDIBLE UNIDENTIFIED SPEAItER
Mayor Ferre: You pay taxes on your house, you get a lot of city services and
one of the things you don't pay taxes is to get sewage lines connected. That's
a separate thing. You know it is like, let me tell you something and you've
got a valid point about whether or not this should be included in taxes and this
is something that I've often... For example, you don't pay a fee to collect your
garbage. If you lived in Coral Gables or in the county you'd have to pay a fee.
You ladies know that. Now you are paying it, you're paying it in your taxes.
See, it isn't that you don't pay it but that's a we/ in which the city, and
we're the only ones; if you lived in the county you'd have to pay for garbage
collection. But the city has figured out a way in which really to try to equal-
ize so that the burden doesn't fall as heavioy on the small property, the home-
owner. The burden, if it is placed on taxes then the larger properties pay a
larger portion of it. Do you follow me? So it is a fairer way in the sesne
that you're not putting the burden on the small homeowner. Now I wish we could
do that in every thing but we can't. There are a lot of reasons why we can't.
We can't do it in sewage connections.
INAUDIBLE
Mayor Ferre: Well, because that's what it costs. See? And as a matter of
fact, the City of Miami iF actually absorbing, we pay for the main line. Isn't
that right, Mr. Andrews? And then what you really are paying for is what goes
right to your lot, the portion.
Mr. Grimm: It runs, Mr. Mayor, about 60%. The City pays for everything above
an 8 inch pipe and for everything deeper in the ground than 6 feet. And when
you add all that up plus the ;pan holes, the pump stations and everything else
involved in a district the total cost to the community is about 60% of the
actual cost of the district.
Mayor Ferre: Look, I wish I could tell you that I had a way I could figure out
for you not to have to pay but we go through this at every one of these meet-
ings. Citizens, working people just like you coming up and saying I don't have
the money or widows like the lady that spoke, or people who just say, " I can't
pay any more" and we go through this every single time and to me it is always
a difficult vote, it's embarrassing. I wish I could find an answer for you. I
don't know how to do it. We need sewers, the sewers have got to be put in.
The city pays 60%, you've got 10 years to pay for it. You won't have to pay
until 1979.
INAUDIBLE
Mayor Ferre: Well, whoever owns the property is going to have to pay it. That's
part of the price you got for living in the city or living in the county or liv-
ing anywhere. Wherever you go you're going to get caught on it. ... I'm going
to tell you the truth. Sometimes I don't disagree with the so-called hippies
that go off and live in the mountains all by themselves. You know? I don't
blame them a bit. Sometimes modern world has gotten to a point where you've got
to pay this, you've got to pay that, you've got to do this, there are so many
restrictions. You've got tc stop at the red light, you've got to do this you've
got to pay taxes. But that's part of the price of living in an urban society.
I don't defend it, it is just the way it is.
INAUDIBLE
Mayor Ferre: It should have been done 50 years ago and we have had a program.
Let me tell you how this happens. How long ago did we start, Paul? 20 years
ago?
Mr. Andrews: The modern programs is 25 years old.
Mayor Ferre: Yes. And if we had had all the money to do it we would have done.
it all at once but we don't. So what we do is every year we do a neighborhood
and we go and do the next one and then the next one. We've been doing this for
20 yeazs.and now we're about 60% done. Now next month it will be somebody else's
9 MAY 131976
Will and I'll have another group of people hare and they'll be complaining and
they'll all say, "We don't want sewers".
INAUDIBLE
Mayor Ferre: Because it is the law. The law has been Made by the government
bodies based on the knowledge that you cannot have 4000000 people going to the
bathroom down on the ground where you're drinking that same water:
INAUDIBLE
Mayor Ferre: Well, I wish I could say that we could pass laws to have govern-
ment pay for everything but somebody has got to pay for it.
Mr. Grimm: Mr. Mayor, in a sense they do that in that a large portion of the
treatment plant facilities, the force mains and pumping stations that bring the
sewage to that treatment plant are federally subsidized.
Mr. Andrews: We've been assessing for sewers, Mr. Mayor, for about 55 years in
the City of Miami and in the last 25 years we've modernized our approach to the
installation of sanitary sewers where the individual property owner is paying
less now than he ever has in this 55 year history. We reduced it down to where
the property owner is paying far less than all the people, the rest of the people
in the City of Miami who help to support the construction of sewers for his prop-
erty.
Mayor Ferre: Paul, would you do me a favor? Because these people, this gentle-
man and the lady have a perfect right to come up here and complain and beef.
Would you do me a favor? We go through this every single time, all these things
that have been said, would you put them in a two page memorandum so that people
will have this information? And that when Mr. Grimm goes to talk to them that
they're given this information before hand so that people at least know how and
why; what's the law; who passed the law; why was the law passed; what have we
done over the last 50 years; how much has been paid; how much does it cost; how
much does the citizen pay for it; why must it'be done? It's the same questions
every single time. All I can tell you is I'm sorry.
INAUDIBLE
Mayor Ferre: Sure, I explained that.
Mr. Andrews: These laws are adopted through Charter Changes. People actually
vote on them. Mr. Grimm, when was the last Charter change?
Mr. Grimm: 1974.
Mr. Andrews: 1974 the people went to the polls to vote a new way of providing
for the assessments that reduce the amount of money that the individual prop-
erty owner would have to contribute toward the installation of a new sewer in
front of his home and distribute more of the cost to the total city at large.
And all the people voted on that and there was a great deal of explanation that
went into the newspapers and brochures that were developed.
Mayor Ferre: What year was that?
Mr. Grimm: 1974.
Mayor Ferre: You probably voted on it I hope. You didn't vote? Well, you
should.
Mr. Andrews: If you voted against that issue and that issue would have failed
you would be before the commission with even a more difficult problem than you
have now because you'd be paying more money under the old provisions.
Mr. Grimm: And a more significant thing than that, Mr. Mayor, is the fact that
the people, the voters authorized us to spend the money for sanitary sewers
when they vote for our bond issues. Without their support we wouldn't have the
money.
Mayor Ferre; I hate to do this but we are way behind schedule now. Would you
prepare this, Andy and Vince, and get it all together and would you send a copy
to these people, They're entitled to know all these things and I think it is
appropriate. Yes, sir.
INAUDIBLE
Mayor Ferre: Well, look, why don't you explain that iatet on, Vince. Would
you get together and explain that because we've got to move along nOw.
INAUDIBLE
Mayor Ferre: I understand. Well, look at it this way, you're lucky to that
you want one of the neighborhoods 20 years ago if you don't want sewers. Every
year we do a few more neighborhoods and this year it's your turn.
INAUDIBLE
Mayor Ferre: Well, everything is going up. I wish I had a simple answer for
you, I just don't. And you know we could talk... •
INAUDIBLE
Mr. Grimm: Mr. Mayor, I said for his benefit and the other objectors in that
block which owned property that went all the way through from 36th to 37th
that I would leave out the laterals. That's what I said. In other words if
he don't build it he don't pay for it.
Mr. Plummer: Mr. Mayor, I guess I'm the one that's always Peck's bad boy. Sir,
in the same way that people don't have children in school don't like to pay a
school tax and people that don't own an automobile don't want to pay road tax,
it's got to be done. Mr. Mayor, I have to move item 4 for approval.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-446
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 76-92 AND AUTHOR-
IZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CON-
STRUCTION OF EAST BRADDOCK SANITARY SEWER IMPROVEMENT SR-5410•C
(CENTERLINE SEWER) IN EAST BRADDOCK SANITARY SEWER IMPROVEMENT
DISTRICT SR-5410 C (CENTERLINE SEWER).
(Here follows bcdy 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: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
ON ROLL CALL:
Mayor Ferre: Reluctantly but like everybody else, I have to vote yes.
UNIDENTIFIED SPEAKER: ...(INAUDIBLE, microphone not working) When you run
that line... so many streets what about when... do you got to do that or the
person that owns his property do that? ... I got to run from the line to the
side of the house. Who do that? You all do that or does the man that owns the
property?
Mr. Grimm: All the connections on private property are the obligation of the
property owner. He can do that through a plummet.
U.S.; 0r he can do it himself?
Mr. Grimm: The lateral we run from the center of the street, We come out when
we start building the sewers and we go knock on every door and we ask you where
your septic tank is so that when we build the sewer from the center of the street
to your property we build it in the best location for you. Then from that point
which is roughly the back of your sidewalk to your septic tank is your respon-
sibility,
U.S.; ,.,like your line run here, and this is the end of your line here, This
is where you stop at. From here to my house, can I do that or you do that?
Mr, Grimm; We do it in the public right of way, you do it on your property.
U,S,; Oh, I can do it on my property. Ok. What you have to have, a city,,,
X MAY 131976,
Mayot Ferre: Well look, why don't you discuss that with Mr. Grimm because we've
got to get on with the business of the city...You discuss that with Mr► Grimm,
he'll explain the whole thing to you. Thank you, Sir,
UNIhENTIFIED SPEAKER: t want
houses, they still would have
Mayot Ferre: Yes.
Mr, Andrews: No.
the lot that that
the cost. Was it 8 or $9 a foot,
Mr. Grimm: Yes. The cost of the
the cost of the laterals. It has
inents or anything else are on the
to ask you a question. If a person owns two
to pay $955 For each house/
Mr. Grimm had better explain the footage again, depending
house sets on- if it is on a 50 foot lot he would receive
Mr: Grimm?.
assessment is based on the front footage plus
nothing to do with how many houses or apart-
property.
Mr. Andrews: It's the front footage of the property. If the lot is 50 feet
wide on the street then you multiply 50 times the rate in the letter which 8
or $9 would be $450.
7, OBJECTION SAN MARCO SANITARY SEWER IMPROVEMENT
SR-5316-C
The Mayor announced that the City Commission was now ready to hear objections
to Confirmation of Assessment Roll for Construction of the San Marco Sanitary
Sewer Improvement Sr-5316 C.
NO OBJECTORS APPEARED.
on
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-447
A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR THE CONSTRUCT-
ION OF THE SAN MARCO SANITARY SEWER IMPROVEMENT SR-5316 C (CENTER-
LINE SEWER) IN SAN MARCO SANITARY SEWER IMPROVEMENT DISTRICT
SR-5316 C (CENTERLINE SEWER) AND REMOVING ALL PENDING LIENS FOR
THIS IMPROVEMENT NOT CERTIFIED HEREBY.
(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: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
8, OBJECTIONS TO CONFIRMATION REID ACRES HIGHWAY IMPROVEMENT
OF ASSESSMENT ROLL
HI -4349
NO OBJECTORS APPEARED
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-448
A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR THE CONSTRUCTION
OF REID ACRES HIGHWAY IMPROVEMENT H-4349 IN REID ACRES HIGHWAY
IMPROVEMENT DISTRICT H-4349 AND REMOVING ALL PENDING LIENS FOR
THIS IMPROVEMENT NOT CERTIFIED HEREBY.
(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, Mr. Reboso, Mrs,Gordon and Mayor .Fevre.
NOES: None.
ABSRNT; Reverend Gibson.
12 .. MAY 131976
PLAQUES, PROCLAMATIONS, CERTIFICATES AND SPECIAL ITEMS
A. Presentation of plaque to the Honorable D.W. Pierotti.
Presentation of proclamation for Big Brother Big Sister Week, Miami 16
through May 211 1976.
C. Presentation of commendation to Mts. Nellie Nelson for services "rendered
to the community.
D. Presentation by Mr. Tom Johnson, President of the Miami Employees' Bowling
League of a bowling trophy won by City of Miami employees.
E. Presentation of Commendation to Mr. Carlos Carcas, for his donation of
toys to the Children of the Windwood area.
F, Presentation of International Flower Week proclamation to Ms. Betsy Stone
and her mother Mrs. Winnie Stone.
G. Presentation of National Asthma Center Week proclamation to Dr. Dudlen
Soloman.
H. Presentation of commendation to Mr. John Smith, Manager of Cloverleaf Lanes
for his outstanding community service.
101 AOPT AS
BICENTENNIIALICIAL FUNCTION BICENTENNIAL PILGRIMAGE TO EUROPE
PLAN OF MRS, LEWIS S. ROSENSTIEL
Mayor Ve'_.re: It is Ins. n1eZq,.re to reeoEtnizP more e.,an and especially Mrs.3lanca
Rosenstiel who is here also with Mr. Chris Perzanowski to discuss the Bicentennial
Pilgrimage to Europe. And at this time, Nora, I don't know whether you or Mrs.
Rosenstiel--
Mrs. Nora Swan: I really would like to just introduce Mrs. Rosenstiel and she .
will tell us, she doesn't need an introduction I know.
Mayor Ferre: Mrs. Rosenstiel does not need an introduction certainly to this
commission. Besides being one of the most beautiful women in this town she's
also one of the most gracious ladies. So it is our pleasure to welcome her.
Mrs. Rosenstiel: Thank you very much, Mayor Ferre, commissioners, I prepared
a little speech and I think it would be much easier if I read it so I get down
to the points. I know how very much there is always a lack of time. I wanted
to say that last December the City of Miami as you all know organized a trip
of friendship to Colombia and Venezuela. The project was a great success from
political, cultural and economic points of view. Trips of this kind can and
should be 'organized more frequently maybe even every year in order to keep our
relations with the neighbors alive and well. But this Bicentennial year calls
for something very special for an act as unique and unrepeatable as the great
occasion we are celebrating. I am a naturalized American, a former immigrant
who made her way to this country directly from war -torn Europe. I vividly rem-
ember the greatness, power and hope which was America to us, Europeans, during
those awesome days. What would Europe be today if America left it to its own
fate at that time? Where would the world be today without the American sacrifice
in World War II?
These are not rhetoric questions and they need to be asked today during
this Bicentennial Year because too many already tend to forget the price America
paid to help bring the crazed world back to sanity; because too many in this
country and elsewhere, recklessly question this nation's greatness and even its
motives; because too many misread the process of soul-searching America has been
involved in recently.
So in this Bicentennial year, we must not forget about those Americans who
paid the price of blood to liberate others, if we don't want the world to forget
about America's contribution to the cause of freedom, In Europe almost every
village cherishes the memory of its war heroes, every anniversary is an occas-
ion for a patriotic reflection. This is a very meaningful and educational cus-
tom: shouldn't we try to develop it here, in our country, too?
Let us, then, go to Europe and visit those battlefields where our American
soldiers fought for "their freedom and ours" and let the Europeans know that we
cherish our past as much as they do theirs. Let it be a pilgrimage to honor
those who sacrificed everything for the sake of the peace aitd freedom we all
enjoy today. For American will be respected only as much ss she respects her-
self and het heritage.
Some of you have a little loose leaflet here which was cut out and I hope we
can,.,pass it around. Please read the enclosed newspaper articles. Doesn't it
inspire optimists to know that the Europeans are investing in our country? The
question is why not also in Florida? Two or three investments of the kind de-
sctibed in the enclosed press reports could very well solve our unemployment
problem. But to make this happen and to start a meaningful flow of European
tourists into Florida we must establish direct and close links with our European
friends. We must encourage them to take a closer look at our city and state
and this is another purpose of this Bicentennial journey. So let it be a jour-
ney to the past and to the future at the same time. Let us pay a tribute to
our American heroes who fought for Europe's freedom and let us be ambassadors
of Florida, a young, dynamic and hospitable state of America wide open to all
who want to share in its growth. I thank you very much. Mr. Perzanowski is
you would like to have some questions.
Mayor Ferre: Mrs. Rosenstiel, I think it is commendable that a person who is
as busy as you are.- For those of you that don't know, Mrs. Rosenstiel is a
great artist and certainly with many different involvements and interests -
that you would even take of your time to conceive of such a good cause and do
something to help the well-being not only of your community but really of your
country is something that we in the City of Miami are very proud of and com-
mend. I would like to recommend that the City of Miami adapt this as an offic-
ial Bicentennial function, that we be a sponsor with you and that we join you
on this trip, those of us that can at that time. I hope that the governor will
also be able to join us and other people in the State of Florida.
Mrs. Rosenstiel: Thank you very much, I certainly appreciate it.
Mrs. Gordon: I agree with your comments, Mr. Mayor, totally because this is
an international community and this represents the thinking that this commiss-
ion has had by featuring the International Festival for the past five years and
by having taken a tour to South America. I think this is very appropriate, I
commend you. I would like to move this, Mr. Mayor.
The following motion was introduced by Commissioner Gordon, who moved its
adoption:
MOTION NO. 76-449
A MOTION ADOPTING AS AN OFFICIAL BICENTENNIAL FUNCTION THE PLAN
OF MRS. LEWIS S. ROSENSTIEL FOR A BICENTENNIAL PILGRIMAGE TO
EUROPE TO VISIT BATTLEFIELDS WHERE AMERICAN SOLDIERS FOUGHT FOR
"THEIR FREEDOM AND OURS".
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
Mayor Ferre: Mrs. Rosenstiel, have you decided on the days?
Mrs. Rosenstiel: Yes. We were planning to make this trip sometime in August
most probably the date, for 14 days by the way. This is a trip as outlined in
our.,
Mayor Ferre: Two weeks. August when?
Mrs. Rosenstiel: In August maybe the loth or the 9th leaving and going to
England first and then to Belgium and then we would go to Germany visiting all
the places of battlefields and being received by the governors, by the Mayors
of the city. This is an official trip being naturally having all the press
releases which would be absent on the fact that we Americans are recognizing
and celebrating here, giving recognition to the soldiers that shed blood. We'll
be then going to Rome and from Rome to Paris back home,
Mr. Andrews;
was Leaving?
Mr, Mayor and members of the commission, what day did I say 1
14
MAY 13%976
Mayot Ferret You know Paul Andrews was one of the fellows that was over there
doing that and he was a pilot during the war.
Mr. Andrews: Not there, 1 was in the Pacific,
Mayor Ferre: Oh, in the Pacific. Well, why don't we make a trip to the Pacific?
Cliff Hays, you Were at the Battle of the Bulge.
Mts. Rosenstiel: With then we would like you then to explain to us what was
going on there when we would be visiting that place.
Mayor Ferret Well, thank you very much, Mrs. Rosenstiel.
WAIVE DEVELOPMENT TRACT "C" - CULMER PARK SUB N0,•1
11, OF PARKING SPACES
The Mayor announce'! that the cormission wa' note+ rest* to hear any objections to
granting approval of Agenda Item #8.
NO OBJECTORS APPEARED
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-450
A RESOLUTION GRANTING APPROVAL FOR THE WAIVER OF DEVELOPMENT OF
61 OF 309 REQUIRED OFF-STREET PARKING SPACES SUBJECT TO YEARLY
REVIEW AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XXIII, SECTION
2(6), LOCATED AT APPROXIMATELY 660 N.W. 10TH STREET, KNOWN AS
TRACT "C", CULMER PARK SUB NO. 1 (98-12), IN CONJUNCTION WITH
151 TOWNHOUSES NOW UNDER CONSTRUCTION ON H.U.D. PROJECT FLORIDA
5-49, ZONED R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT.
(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, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
1-YEAR EXTENSION
12, OF VARIANCE
LOTS 22,23 - BLOCK 1 COMMODORE PLAZA
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-451
A RESOLUTION APPROVING A ONE YEAR EXTENSION OF THE VARIANCE
FROM ORD. 6871, ARTICLE XXIII, SECTION 4, TO PERMIT RESTAUR-
ANT ON LOTS 22 AND 23, BLOCK 1, COMMODORE PLAZA (18-25), BEING
3480 MAIN HIGHWAY, WAIVING 61 OF 61 REQUIRED OFF-STREET PARK-
ING SPACES, SUBJECT TO PROVIDING 20 REMOTE VALET OFF-STREET
PARKING SPACES FOR 24 HOURS AND PROVIDING 24 REMOTE VALET OFF-
STREET PARKING SPACES FOR THE EVENING HOURS, AND MAXIMUM, GROSS
RESTAURANT AREA OF 3800 SQUARE FEET.
.(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, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None,
ABSENT: Reverend Gibson.
1
MAY 13 1976
AMENRMENT
13, SECIL DELETE SUBSECTION 93-A
AND SUBSTITUTE NEW SUBsECTIoN ETC,
AN ORDINANCE ENTITLED -
USABLE OPEA SPACE
AN ORDINANCE AMENDING THE CITY OF MIAMI COMPREHEN-
SIVE ZONING ORDINANCE NO, 6871, ARTICLE II, DEFIN,
ITIONS, SECTION 2, BY DELETING SUBSECTION (93-A)
USABLE OPEN SPACE IN ITS ENTIRETY AND SUBSTITUTING
IN LIEU THEREOF A NEW SUBSECTION (93=-A) USABLE OPEN
SPACE; REPEALING ALL ORDINANCES* CODE SECTIONS OR
PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN
CONFLICT; AND CONTAINING. A SEVERABILITY PROVISION,
Was introduced by Commissioner Plummer and seconded by Commissioner Reboso
and passed on its first reading by title by the following vote:
AYES: Mr, Plummer, Mr. Reboso, Mrs, Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson
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.
ARTICLE XXV, SEc,1 FEDERAL HIGHWAY-N,L, 36 ST, ETC,
14, ADD NEW PARAGRAPHS
AN ORT,INA'!CE FMTITLFD-
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHEN-
SIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE XXV,
SECTION 1, BY DELETING PARAGRAPH (138) AND SUBSTITUTING
IN LIEU THEREOF PARAGRAPHS (138) AND (138-A) PROVIDING
MODIFICATIONS TO THE ZONED STREET WIDTH FOR FEDERAL HIGH-
WAY, REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND
CONTAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gordon
and passed on its first reading by title by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
15. ARTIXIICEMENT
SECEIDSUBSECTION 16 INCIDENTAL SALE AND SERVICE OF
RADIO-TELEVISION,PHONOS, HOME APPLS,
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHEN-
SIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY DELET-
ING SUBSECTION (16) OF SECTION 1 OF ARTICLE XII, LOCAL
COMMERCIAL C-1 DISTRICT, AND SUBSTITUTING IN LIEU THEREOF
A NEW SUBSECTION (16) PROVIDING FOR THE SALE AND INCIDEN-
TAL SERVICING OF RADIO, TELEVISION, PHONOGRAPHIC AND HOME
APPLIANCES, REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT;
AND CONTAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner Reboso
and passed on its first reading by title by the following vote;
AYES; Mr, Plummer, Mr. Reboso, Mrs, Gordon and Mayor Ferre,
NOES; None,
ABSENT; Reverend Gibson
16
NAY 1R
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com=
fission dnd to the public.
16, CHANGE ZONING
CLASSIFICATION
NELnN VILLA AND GARDEN or EDEN
O
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZON-
ING CLASSIFICATION OF LOTS 12 THROUGH 16, BLOCK 1, NELSON
VILLA & GARDEN OF EDEN AMD (30-20) AND UNPLATTED PROPERTY
TO THE NORTH AS SHOWN ON THE MAP ATTACHED HERETO AND MADE A
PART HEREOF, BEING APPROXIMATELY 535 N.E. 15TH STREET, FROM
C-1 (LOCAL COMMERCIAL) TO C-3 (CENTRAL COMMERCIAL) DISTRICT;
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 RE-
PEALING 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 January 22, 1976, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Reboso, the ordinance was thereupon
given its second and final reading by title and passed and adopted by the following
vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8548.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
17, MilussEcTioN REDUCTION IN ZONED STREET WIDTH
ARTICLE XXV - SHIPPING, AVE FROM HIBISCUS TO PLAZA STREET
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ADDING A SUB-
SECTION (170-B) TO ARTICLE XXV, SECTION 1, ESTABLISHING A
REDUCTION IN THE ZONED STREET WIDTH FOR SHIPPING AVENUE FROM
HIBISCUS STREET TO PLAZA STREET; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY
ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION.
passed on its first reading by title at the meeting of April 8, 1976, was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Gordon , seconded by Commissioner Plummer, the
ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8549.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
18i AMEND SUBSEC ' ION CHANGE FEES FOR USE OF
39-5 OF THE CODE CITY OF MUM' MUNICIPAL SWIMMING POOL
Mayor Ferre: We have an objector present, t'll recognize you sit, your name,
Mr. Alan Margolis: My name is Alan Margolis, 1'M representing the COMmunity Re-
1atiorg Boat of Dads Countyt `1 oettjallY hot objecting to this but under new
business in the City Manager's report later on will be a request for ra waiver
of fees for the summer for the swimming pools, I wonder would it not be better
to actually put in the ordinance that the waiver be done so it finished year to
year?
Mayor Terre: No, you don't put waivers for fees, you don't put a waivet of some-
thing in. , .
Mr. Margolis: No, I don't want it as a waiver, that's the point. I think it
should be part of the amendment that there would be no fee during the summer
for the swimming pools of the 25c for the children. ...you referred to the
gentleman not having to worry until 1975 for his sewage. 1 don't believe each
summer someone should have to come up and ask for a waiver. Last year you
approved a waiver, this year the need is the same and I believe in your wisdom
you'll follow the recommendation of last year and approve it. And I think it
could be better done administratively if it were in your ordinance.
Mt. Andrews: I recommend that you act on the matter of waiving that for this
time and we will prepare the necessary documentation to the City Attorney so
that he can put an ordinance in proper form but that will take care of this
year.
Mr. Margolis: Thank you.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SUBSECTIONS (a) AND (c) OF §39-5 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CHANG-
ING FEES FOR USE OF THE CITY OF MIAMI MUNICIPAL SWIMMING
POOLS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; CONTAINING A SEVERABILITY PROVISION
AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of April 8, 1976, was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer , seconded by Commissioner Reboso, the
ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote-
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8550.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
WAIVE FEES FOR CLASSES AT CITY PARKS FOR PERSONS OVER 62 WHO
19, ARE RESIDENTS OF THE CITY OF MIAMI
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 8523, ADOPTED FEBRUARY 10,
1976, FOR THE PURPOSE OF WAIVING THE FEE FOR CLASSES AT CITY
PARKS FOR PERSONS OVER 62 YEARS OF AGE WHO ARE RESIDENTS OF
THE CITY OF MIAMI; PROVIDING A SEVERABILITY PROVISION; REPEAL-
ING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVID-
ING FOR AN E1fl CTIVE DATE.
passed on its first reading by title at the meeting of March 25, 1976, was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Gordon , 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; Mr, Plummer, Mr, Reboso, Mrs, Gordon and Mayor Ferre,
NOES None, MAY ABSENT; Reverend Gibson, MA 1 13 1976
1.
1
THE ORDINANCE WAS DESIGNATED ORDINANCE NO, 8551.
The City Attorney read the ordinance into the public record and
announced that copies were available to the mernbera of the City Cot is=
a ion and to the public.
WAIVE REQUIREMENT
OR CONTRACT DOCUMENTS CHOPIN PLAZA STORM SEWER REPAIR 1976
20
Mr, Andrews: Mr. Mayor, I want Mr. Grimm to explain because I want to give them
credit for the fact that they're once again trying to work with the Minority Con-
tractors in seeing that....
Mayor Terre: Is Irpco Paving Company here yet? You are? Ok.
Mr, Andrews: And Mr. Grimm can explain what we're trying to achieve through ask-
ing the commission to act upon this in this manner.
Mr. Grimm: Both our legal department and Finance Department have required bond-
ing companies in the past to have an A+ AAA rating. In order to encourage Minor-
ity Contractors they at this present stage are unable to obtain that kind of bond-
ing. So we recommended once before on Grapeland Heights Park that their bonding
requirements be reduced and they did and they performed satisfactorily so we
don't hesitate to do it again. Actually this is the third contract. We have a
local...
Mayor Ferre: I want to go on record, and I'm sure I speak for all the commiss-
ion that this follows the pattern that the City of Miami has established in try-
ing to help Minority Contractors and hopefully the firm involved, the Irpo Paving
Company will imp_ove their rating and they'll do it by the assistance and the
type of work that they will successfully complete for the City of Miami and we
hope that you do a good job for us and that you can come back the next time and
you'll have a higher rating. So the City Manager recommends. Is there a motion?
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-452
A RESOLUTION WAIVING THE REQUIREMENT OF THE CONTRACT DOCUMENTS
FOR THE CHOPIN PLAZA STORM SEWER REPAIR - 1976 WHICH REQUIRE
THAT A FINANCIAL RATING OF A+AAA BE POSSESSED BY THE INSURANCE
FOR SAID PROJECT, AND AUTHORIZING THE AMENDMENT OF THE CONTRACT
DOCUMENTS TO REQUIRE THAT THE INSURANCE CARRIER ISSUEING THE
PERFORMANCE BOND AND INSURANCE FOR SAID PROJECT ONLY POSSESS
A B+BBBB FINANCIAL RATING.
(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, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
1a
MAY 131976
at ACCEPT COMPLETEb BICENttNNtAL PARK -PHASE iI4975
WORK
PROJECt 2a'SEAWAI L
The following resolution was introduced by Commissioner Plunines, who
moved its adoption:
RESOLUTION NO, 76-453
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY ATLANTIC
FOUNDATION CO., INC., AT A TOTAL COST OF $459,411.44, AND AUTHOR-
IZING A FINAL PAYMENT OF $62,511.44 FOR BICENTENNIAL PARK PHASE
tI - 1975 PROJECT NO. 2 - SEAWALL.
(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: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
22, ACCEPTUCO PNT LETED GRAPELAND HEIGHTS PARK -PARKING 1975
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-454
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF IRPCO
PAVING CO., INC., FOR THE GRAPELAND HEIGHTS PARK - PARKING
1975, AT A TOTAL COST OF $23,366; AND AUTHORIZING A FINAL
PAYMENT OF $2,922.09.
(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: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
23, ALLOCATE $695,000 PROFESSIONAL SERVICES
DOWNTOWN CONVENTION CENTER
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-455
A RESOLUTION ALLOCATING $695,000 FOR PROFESSIONAL SERVICES FOR
THE DOWNTOWN CONVENTION CENTER FROM THE ACCOUNT ENTITLED "CON-
VENTION CENTER BOND FUNDS".
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote -
AYES; Mr, Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: NONE.
ABSENT; Reverend Gibson.
141 ALLOCATE $127,273 DINNER KtY RECREATION CENTER/EXRbSITtON HALL
PROFESSIONAL SERVICES
The following resolution was introduced by Commmissioner Reboso, who
moved its adoption:
RESOLUTION NO. 76-456
A RESOLUTION ALLOCATING THE AMOUNT OF $227,273 FOR PROFESSIONAL
SERVICES FOR THE DINNER KEY RECREATION CENTER/EXPOSITION HALL
PROM THE ACCOUNT ENTITLED 'CAPITAL IMPROVEMENT FUND - UNALLOCATED
FUNDS"; ALLOCATING THE AMOUNT OF $2,000 FROM SAID ACCOUNT FOR
PRELIMINARY AND INCIDENTAL EXPENSES FOR SAID PROJECT WHICH IN-
CLUDES THE COST OF ADVERTISING, TESTING LABORATORIES, POSTAGE,
BLUEPRINTING AND OTHER NECESSARY EXPENDITURES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
LEASE OF ADDITIONAL
PROPERTY
EXTENSION OF BICENTENNIAL PARK
Mr. Andrews: This is the Property that the state ouns to the north of the park
adjacent to the expressway. It is about 3/4 of an acre and we're obtaining it
on a rental basis of $1 per year. We will improve it.
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO. 76-457
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT WITH THE DEPARTMENT OF TRANSPORT-
ATION (D.O.T.), FOR THE EXTENSION OF BICENTENNIAL PARK WITH
THE CONSTRUCTION THEREON OF FACILITIES FOR PARK PURPOSES,
0.718+ ACRES OF D.O.T. PROPERTY LYING ADJACENT TO THE SOUTH
LIMITED ACCESS LINE OF INTERSTATE I-395 AT THE WESTERLY
APPROACH TO MAC ARTHUR CAUSEWAY.
(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: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
Mayor Ferre: While we're on the subject of Bicentennial Park, Paul, I think it
is important, several people have called me to make sure that we move very quickly
in getting green grass and trees planted on that frontage that we got from the
F.E,C. I personally think that it should be in a coordinated basis done by
Edward Durell Stone so that it looks like it is a continuation of the park rather
than just..,
Mr. Andrews: Yes, we're trying to do that, Mr. Mayor.
26, ACCEPT HIGHWAY_R GHT OF WAY
DEED OF DEDICATION
27,
ALLEN I3LtSS & JANET Ai BLISS
(POINT VIEW)
The following resolution was Introduced by Cdintissioner Plutntner, who
Moved its adoption:
RESOLUTION NO. 76-458
A RESOLUTION ACCEPTING FOR HIGHWAY IMPROVEMENT THE HIGHWAY
RIGHT-OF-WAY DEED OF DEDICATION, A COPY OF SAME ATTACHED,
PROM F. ALLEN BLISS AND JANET A. BLISS, HIS WIFE, CONVEYING
TO THE CITY OF MIAMI OUTLOT 4, BLOCK 2, OF THE AMENDED PLAT
OF POINT VIEW (2-93); AND DIRECTING THE PROPER OFFICIAL OF
THE CITY OF MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
GRANT PERMISSION TO BUILD CEDAR SLAT FENCE TO MONROE ZALKIN
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-459
A RESOLUTION GRANTING A PERMIT TO MONROE E. ZALKIN AND BEVERLY
ZALKIN, HIS WIFE, TO CONSTRUCT A CEDAR SLAT FENCE ON A PORTION
OF THE PUBLIC RIGHT OF WAY ABUTTING THEIR PROPERTY AT 4]25
BRAGANZA AVENUE; AND ACCPEING THE APRIL 27, 1976 COVENANT TO
RUN WITH THE LAND EXECUTED BY THE AFORESAID OWNERS; AND DIRECT-
ING THAT THE SAID INSTRUMENT BE RECORDED IN THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
28, ACCEPT PLAT — ALONSO SUBDIVISION
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-460
A RESOLUTION ACCEPTING THE PLAT ENTITLED ALONSO SUBDIVISION, A
SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO EXECUTE THE PLAT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk,)
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote-
AYES: Mr. Plummer, Mr, Reboso, Mrs, Gordon and Mayor Ferre.
NOES: None.
ABSENT; Reverend Gibson.
MAY 131976
20i ACCEPT PLAT PROJECT GEMIVI SUBDIVISION
he foiioWing resolution was introduced by COMiasie ter f'1ufu iteri who
Moved its adoption:
RESOLUTION NO. 76-461
A RESOLUTION ACCEPTING THE PLAT ENTITLED PROJECT GEHINI, A
SUBDIVISION OF THE CITY OF MIAMI, AND ACCEPTING THE DEDICAT,,
IONS 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 Reboso, the resolution was
passed and adopted by the following vote-
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson
30, ACCEPT PLAT - M1RTA GARDENS SUBDIVISION
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-462
A RESOLUTION ACCEPTING THE PLAT ENTITLED MIRTA GARDENS, A SUB-
DIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT AND AUTHORIZING AND DIRECTING THE CITY MAN-
AGER 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 Reboso, the resolution was
passed and adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
31, EMERGENCY ORDINANCE UNEXPENDED BALANCE OF FEDERALFCENUE SHARING
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE MAKING APPROPRIATIONS OF UNEXPENDED
BALANCE OF FEDERAL REVENUE SHARING FUNDS IN THE SUM OF
$2,067,096.13 FROM THE FISCAL YEAR ENDING SEPTEMBER 30, 1975,
TO BE EXPENDED FOR APPROVED PURPOSES DURING THE FISCAL YEAR
1975-76; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner Reboso,
for adoption as an emergency measure and dispensing with the requirement of read-
ing same on two separate days, which was agreed to by the following vote;
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Reboso, adopted said ordinance by the following
vote:
AYES; Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre,
NOES; None.
ABSENT; Reverend Gibson.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8552.
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of the
City Commission and to the public.
32. DISCUSSION ITEM = HOUSING BONDS DEFERRED AFTER DISCUSSION
Andrews: ".r. Mayors tie are tot ,re"aced at this time, we thought we would
be. We will be for the next Commission Meeting. You had asked some questions
about the scheduling of (natters relating to the Housing Bond Issue at the last
Commission Meeting. Do you wish to hear that scheduling now?
Mayor Ferre: Yes, are you ready to do that?
Mr. Andrews: Or we can give it to you by memorandum, either one.
Mr. Plummer: Do that and then follow it up with a presentation.
Mayor Ferre: This quthorizes the City Manager to execute the agreement with
Metropolitan Dade County.
Mr. Andrews: Right. And we're being extremely careful. I had a meeting last
night at 5 O'Clock with Mel Adams, Mr. Crumpton, the City Attorney's Office and
we had an additional item of Commission concern. May I just point out one area,
for example? We're trying to cover everything in an umbrella agreement. When
individual projects come up and we designate say $400,000 as under pinning for
a $4,000,000 project, if those funds are uncalled for or any remaining funds
of the under pinning, should any of them be needed I want to make sure that they
revert back first to the city for reallocation by this commission rather than
remain over there where someone else controls them.
Mayor Ferre: Ok. And I want to make sure now that this is all tied out into
the Tivle VIII Funds so that if Washington doesn't give us the green light that
we don't have to go through with anything with Metro, we may find alternates on
or own track. Is that clear in that document? I want to make sure...
INAUDIBLE
Mayor Ferre: No. What I'm saying is that this is all predicated on the agree-
ment by H.U.D. that they come forward with an agreement to allocate Title VIII
Funds to us and if that isn't forthcoming then we've got to sit down and re-
think this whole thing all over again or wait for the new democratic administrat-
ion. Ok?
Mr. Lloyd: I would like the Clerk to make sure that I get a copy of these re-
marks by the Mayor within the next few days so that we can have that to make
certain we're doing it correctly.
Mayor Ferre: I just want to make sure now that if Secretary Carl Hills turns
this thing down that we'll have to wait until President Carter or President Brown
are in office in January before we can move ahead.
Mr. Plummer: Don't hold your breath.
Thereupon the Item was deferred at the request of the City Manager.
24
MAY 131976
33, AWARb tb - SHENANDOAH PARK -COMMUNITY BUIL-I)1NC' IMPROVEMENTS ig76
Mr. Pluitmer: I'd like to ask Mr. Andrews, on the lighting itprovemetits at
Shenandoah, where do we stand on those?
Mr. Griffon: The lighting wasn't included in the original appropriation. The
design review team met Tuesday of this week and are going to recommend to the
Manager's Office that $140,000 that we didn't spend in Margaret Pace Park because
those comtitunity buildings were stopped be used to provide the lighting in Shen
andoah.
Mr. Plummer: That's all beautiful, when are the lights going up?
Mr. Grimm: If the Manager says yes there will be lights 6 months from now.
Mr. Plummer: Well, I think the Manager has already said yes.
Mr. Andrews: To the funding methods, the recommendation of the funding methods.
Mr. Plummer: Oh, alright. I'ii move Item 48.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-463
A RESOLUTION ACCEPTING THE BID OF CARL J. HOENES, INC. IN THE
AMOUNT OF $53,350 FOR SHENANDOAH PARK - COMMUNITY BUILDING IM-
PROVEMENTS - 1976; ALLOCATING THE AMOUNT OF $53,350 FROM THE
ACCOUNT ENTITLED "PUBLIC PARKS AND RECREATIONAL FACILITIES
BOND FUND" TO COVER THE PROPOSED CONTRACT COST; ALLOCATING
FROM SAID ACCOUNT THE AMOUNT OF $5,868 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF
$1,067 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
34, AWARD BID - DOUGLAS PARK IMPROVEMENTS 1976
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-464
A RESOLUTION ACCEPTING THE BID OF METRO CONTRACTORS CO., INC. IN
THE AMOUNT OF $119,190 FOR THE DOUGLAS PARK - IMPROVEMENTS - 1976;
ALLOCATING THE AMOUNT OF $119,190 FROM THE ACCOUNT ENTITLED "PUBLIC
PARKS & RECREATIONAL FACILITIES BOND FUND" TO COVER THE CONTRACT
COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $13,110.90 TO COVER
THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT
OF $2,383.10 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES AND POSTAGE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF
$5,000 TO COVER WORK TO BE PERFORMED BY CITY FORCES; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Rebcso, the resolution was passed and
adopted by the following vote-
AYE$; Mr. Plummer, Mr, Reboso, Mrs. Gordon and Mayor Ferre,
NOES: None.
ABSENT; Reverend Gibson,
MAY 131976
35 AWARD gib = EDISON PARK/LITTLE RIVER COMMUNITY EV, H I GHWAY PkOJ ,
The following resolution was introduced by Commissioner Plummet, who moved
its adoption:
RESOLUTION NO. 76-465
A RESOLUTION ACCEPTING THE BID OF PEASANT CONSTRUCTION C0,0 INC.
IN THE AMOUNT OF $66,699 FOR THE EDISON PARK/LITTLE RIVER COMMUN-
ITY DEVELOPMENT HIGHWAY PROJECT AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote-
AYES: Mr, Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
WYNDWOOD PAVING PROJECT B4398 HOLLAND PAVING INC,
36, AWARD BID - WYNDWOOD SANITARY SEWER MODIFICATIONS SR-5418
The following resolution *.:'as introthiced by r.or issioncr Dlu*hmer, .:?!-to -moved
its adoption:
RESOLUTION NO. 76-466
A RESOLUTION ACCEPTING THE BID OF HOLLAND PAVING CO., INC. IN
THE AMOUNT OF $417,295.25 FOR BID "A" (HIGHWAYS) AND BID "B"
(DRAINAGE) OF WYNDWOOD PAVING PROJECT B-4398 AND SYNDWOOD SAN-
ITARY SEWER MODIFICATIONS - SR-5418; ALLOCATING THE AMOUNT OF
$183,521.50 FROM THE ACCOUNT ENTITLED "HIGHWAY IMPROVEMENT
BOND FUNDS" FOR A PORTION OF THE CONTRACT COST FOR BID "A"
(HIGHWAYS); ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF
$31,636.28 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING
TESTING LABORATORIES AND POSTAGE, AND PROGRAMMING THE REMAIN-
ING AMOUNT OF THE CONTRACT COST FOR BID "A" (HIGHWAYS),
$104,081.00, FROM COMMUNITY DEVELOPMENT PROGRAM FUNDS DUE
THE CITY OF MIAMI FROM THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT; FURTHER ALLOCATING FROM THE ACCOUNT ENTITLED
"STORM SEWER IMPROVEMENT BOND FUNDS" THE AMOUNT OF $129,692.75
TO COVER THE CONTRACT COST FOR BID "B" (DRAINAGE); ALLOCATING
FROM SAID ACCOUNT THE AMOUNT OF $14,266.20 TO COVER PROJECT
EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $2,593.05
TO COVER THE COST OF SUCH ITEMS AD ADVERTISING, TESTING LABOR-
ATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
3
f'10MMt E I CAI ' I ONWIC ODAPAV I NG PROJECT 8=43g8j Yi W W E AN n tARY SEWER
IDThe following resolution was introduced by Conlflissioner Flutitter, who Moved
its adoption:
RESOLUTION NO. 76-'467
A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION IN THE
AMOUNT OF $40,637 FOR BID 'C" (SANITARY SEWERS) FOR THE PROJ-
ECT ENTITLED "WYNDWOOD PAVING PROJECT B-4398 AND WYNDWOOD SAN-
ITARY SEWER MODIFICATIONS SR-5418"; PROGRAMMING SAID $40,637
FOR CONTRACT COST, $4,470 FOR PROJECT EXPENSE AND $812 FOR
THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES
AND POSTAGE, FROM COMMUNITY DEVELOPMENT PROGRAM FUNDS DUE
THE CITY OF MIAMI FROM THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT; AND AUTHORIZING THE CITY MANAGER TO EXE-
CUTE A'CONTRACT WITH SAID FIRM. •
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote-
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
AWARD BID - MODEL CITIES COMMUNITY DEVELOPMENT STIIMPROVEMENTS
The following resnl.utinn was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-468
A RESOLUTION ACCEPTING THE BID OF HOLLAND PAVING CO., INC. IN
THE AMOUNT OF $145,190 FROM THE ACCOUNT ENTITLED "HIGHWAY IM-
PROVEMENT BOND FUNDS" AND USING $151,566.70 PROGRAMMED THROUGH
THE "COMMUNITY DEVELOPMENT PROGRAM" TO COVER THE CONTRACT COST;
ALLOCATING $22,426.80 FROM "HIGHWAY IMPROVEMENT BOND FUNDS" TO
COVER THE COST OF PROJECT EXPENSE; ALLOCATING $4,077.20 FROM
"HIGHWAY IMPROVEMENT BOND FUNDS" TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID
FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
39, AWARD BID - FOOD CONCESSION AT NEW MIAMI POLICE HEADQUAR•IERS
The following resolution as introduced by Co^.*.issioner nor4on, who move4
its adoption:
RESOLUTION NO. 76-469
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH CATERING BY DAVID LYNN,.INC.
FOR THE FOOD AND BEVERAGE CONCESSION RIGHTS AND FACILITIES
AT THE NEW MIAMI POLICE DEPARTMENT BUILDING, FOR A TERN! OF
3 YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL 2 YEARS.
(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; Mr. Plummer, Mr. Reboso, Mrs. Cordon and Mayor Ferre.
NOES; None.'
ABSENT; Reverend Gibson.
2.7 MAY 131978
40, ACCEPT gtb - MULTI CHANNEL LOGGING REPRODUCER
The following resolution Was introduced by Coil nissioner Plummer, who moved
its adoption:
RESOLUTION NO, 76=470
A RESOLUTION ACCEPTING THE BID OF DICTAPHONE CORPORATION FOR
FURNISHING THE POLICE DEPARTMENT WITH ONE MULTI=CHANNEL LOGE-
ING REPRODUCER AND ONE YEAR MAINTENANCE, AT A TOTAL COST OF
$7,918; WITH FUNDS ALLOCATED FROM THE POLICE AND CRIME PRE-
VENTION FACILITIES BOND FUNDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote-
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson,
41, AWARD BID - CHEMICALS FOR SWIMMING POOLS
The following reeoltttion waa introduced by Commissi.r.ner nordon, who moved
its adoption:
RESOLUTION NO. 76-471
A RESOLUTION ACCEPTING THE PROPOSAL OF ALLIED CHLORINE AND
CHEMICAL COL TO FURNISH CHLORINE AND 65%-70% AVAILABLE CHLOR-
INE CALCIUM HYPOCHLORIDE-HTH FOR ONE YEAR, AS REQUIRED, ON A
UNIT COST BASIS, AT A TOTAL COST NOT TO EXCEED $11,570.63;
AND THE PROPOSAL OF CLARKE CHEMICAL COMPANY TO FURNISH 58%
LIGHT SODA ASH FOR ONE YEAR, AS REQUIRED, ON A UNIT COST
BASIS, AT A TOTAL COST NOT TO EXCEED $3,840.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
42, AWARD BID — RENTAL OF LINENS AND DUST CONTROL PRODUCTS
The following resolution was introduced by Commissioner Plummer, who moveti
its adoption:
RESOLUTION NO. 76-472
A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR A PERIOD OF ONE
YEAR: BID FROM SANITARY LINEN & UNIFORM SERVICE FOR FURNISH-
ING RENTAL LINENS, AS REQUIRED, AND THE BID FROM SILCO, INC.
FOR FURNISHING RENTAL DUST CONTROL PRODUCTS, AS REQUIRED, ON
A UNIT COST BASIS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
U;o.. Cc::z:.issioner Reboso, the resole.: ion was passed and
adopteu
4� BUDGET REVIEW COMMITTEE- DISCUSSION
Mr, Andrews: I've been in likely discussions with Mt. Fine in relation to the
Budget Review Committee. I would like the commission (l) to adopt a motion that
the Budget Review Cotntfiittee will exist again this year. I'tfi not sure of the
appointments, and Mr. Mayor, I suggest that you discuss this with Mr. Fine to
get his views about the appointments of the committee.
Mayor Ferre: Why don't you request Mr. Fine to record:lend. Really, t don't want
to embarrass anybody but I'd like to know who was absent during the- and I don't
know so I'm saying this on the record that I haven't got the foggiest idea whether
Mitchell Wolfson or fine were absent at any of those meetings but those people
that were absent should be replaced by those who would be more active and I
don't know who the other committee members are.
Mr. Andrews: One other matter in relation to this, Mr. Fine was discussing with
me and is concerned about the broad number of items that the Budgetary Review
Comittee has gotten into in the past and we've come to a conclusion and he is
wholeheartedly in agreement that they would set up a list of say 20 projects
that they want to review as far as the budget is concerned, pick the three or
four most important items and have that Budgetary Review Committee really con-
centrate on those, come to grips with those three items and the resolution and
then the following year tackle the next three or four or add to the list and
re-evaluate it. That by doing that we could gain some real positive results
from our Budgetary Review Committee. I've communicated with Dr. Stanford to
have the University become involved because one of the strong recommendations
of the entire committee was that they develop their own staff to assist them
on a part time basis. I've communicated and also wrote to Dr. Stanford, had a
lengthy conversation with him in which I'm encouraging the University to be
participants in this process and to do so on a voluntary basis the first year.
After results are produced then the commission could provide some funding in
the future to assist the University and then assist the Budgetary Review Committee
and in turn assist the entire city. So this process is in effect and I wanted
to report that to the commission.
Mr. Plummer: Well, not to steal any thunder but I want it reflected on the
record Metropolitan Dade County presently is making a bid to do about a
No, I just want it on the record that they're incorporating a Citizen Review
and that this city has had such a thing for over a year and we compliment them
for once again following the lead of the City of Miami.
Mayor Ferre: J. L., listen, I agree with you but I think we really have to start
forgetting about what the newspapers say or don't say and what the Chamber of
Commerce - the fact is we've had a Budget Review Committee and it works. We're
happy with it, we want to expand it and there is no problem, what anybody reports
on it. The other day, two weeks ago this commission passed a resolution about
the People Mover System to go ahead and make the application. There wasn't a
word anywhere in any of the newspapers or any of the radio or television stations.
Now today a big headline in the local section about the People Mover. You know,
so what! I'm not going to name the name of the newspaper I'm trying to make
peace with everybody in this town. Peace! I'm a lover not a fighter.
Thereupon the City Commission recessed at 11:00 O'Clock A.M. and reconveined
at 2:30 O'Clock P.M. with Commissioners Plummer. Reboso and Mavor Ferre present.
44, ECUATORIA CENTRO - PRESENTATION
Presentation of a trovhy to the City of Miami from the Mavor of Guayaquil,
Ecuador presented by the Ecuatorian Center of Florida.
NOTE: Commissioner Rose Gordon entered the meeting at 2:35 O'Clock P.M.
29
MAY 131976
45. PERSONAL APPEARANCE
OSCAR Ls GONZALEZ
Mt. Oscar E, Gonzalez: My name is Oscar Gonzalez, I am a registered architect
in the State of Florida. I am here in behalf of the owner of this property
which I am the architect This Job was started close to the end of 1972 and
they were working until October 1973 when they had the last inspection. At that
time they had all the founcation poured' the fill ins the walls up to the floor
slab and the . At that time the economic situation and morgage... they
had to stop construction. Now at this time they could go ahead with the job but
when we started trying to go again with it the City of Miami told us that the
permit had expired. We like possibly to have this permit reinstated.
Mr. Plummer: Let me ask the question we've asked of all the rest. Did he play
by the rules up to that point?
Mr. Andrews: Yes.
12 UNIT PROJECT 1706 S. "l 19TH STREET
Mr. Plummer: He did. Do you see anything wrong with it?
Mr. Andrews: May I speak for Mr. Ferencik? The area that the commission have
to examine is what kind of exception you might be making here and you ought to
document the record a little more clearly and ask this gentleman more questions
to establish to what extent the construction has taken place and the time ele-
ment because if you make an exception here there is another item that follows
on the agenda and it's a similar situation but you might react differently.
Mayor Ferre: Then for the record, would you tell this commission when you took
the building permit out. Do you have the date on it?
Mr. Andrews: I have it, it's October 2, 1972.
Mayor Ferre: And when did you commence construction?
Mr. Gonzalez: Well, the inspection here on June 27 they had the demolition and
they got three more inspections up to October 23, 1973 when they had the footing
poured and the fill, also a floor slab...
Mayor Ferre: And you had the floor slab. Was the floor slab in?
Mr. Gonzalez: No, there was no floor slab.
Mayor Ferre: And at that point you stopped construction?
Mr. Gonzalez: Yes, we had to.
Mayor Ferre: Because of the circumstances, the financing and the different prob-
lems.
Mr. Plummer:
Mr. Gonzalez
Mayor Ferre:
And you've got the financing now?
Yes. The owner said he could proceed now. Right
Any other questions, Mr. Andrews, that needs to be asked?
Mr. Andrews: Yes, there would be one more element that the commission should
appraise and that is the time when the density requirements in the R-4 were est-
ablished to limit that particular zoned area to 6 units from 12 units so that
you have an appreciation of the time lapse to the point of change.
Mayor Ferre: Alright, would you tell us that?
Mr, Ferencik: Oh, I believe it changed in the first part of 75 or the last part
of 74.
Mr, Andrews: So there would have been about 9 months lapsed time or so in be-
tween the time when they stopped work and the change of zoning, the change of
requirements
Mr. Plummer: Mr. Mayor, I'll move it. The moan played by
his problem it was the money that was canceled on him and
past I think that we want t o see these buildings finished
are not they're an eye sore to the community and this man
the rules, it was not
as we have done in the
because they, way they
is willing to go forth
o
MAY 131976
and finish the job and I'm sure in the manner in which we would be proud of so
Iill move that it be granted.
Mr. Andrews: Mr. Mayor, let the record reflect that substantial constfuction
was completed at the time they were forced to stop,
Mr. Gonzalez: That's right.
The following motion was introduced by Commissioner Kutner, who moved its
adoption:
MOTION NO, 76-473
A MOTION OF INTENT TO PERMIT REINSTATEMENT OF BUILDING PER-
MIT TO ALLOW COMPLETION OF 12-UNIT PROJECT LOCATED AT 1706
S.W. 19TH STREET.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
46, SUPPER CLUB PROPOSED - 6100 N, W, 7TH AVENUE
Dr. Cecil Graham: My name is Dr. Cecil Graham and I'm a dentist here in town.
I'm the representative of a professional group. What we want to do at this time
is approach the commission concerning the opening of a night club, supper club
at 6100 N.W. 7th Avenue. In support of this, and I'll tell you the problem we
have. We are presently under the Interim Zoning Plan for the Martin Luther King
Boulevard which the City Commission has approved. When my group was approached
to come to invest some private moneys into the area we were not 100% aware of
the fact of what all the Martin Luther King Boulevard was all about at that time
but since that time we have become very high on the project. The present zoning
is C-2 and the specific things that we are in, it is for it to include - they
have liquor stores there, that's included. It includes restaurants and it in-
cludes saloons and taverns. We think that to specifically exclude night club
and to specifically exclude supper clubs at this particular time represents a
more or less hardship on the area because we know that in the black community
we feel that entertainment, we feel that night club life, we feel that to be
able to,socialize in this type of an atmosphere represents a particular hard-
ship. It says that there are certain things that you can't do and to specific-
ally exclude entertainment, that means that there are some things in there that
you can't do. But it is not only 100% for the night club. With the investing
of private moneys we feel that to be so restricted because let's face it the
area needs help and we know that the City Commission and the county and the
City of Miami have appropriated certain amounts of money to be done on certain
things. But we all know that you need private individuals to come in anything
to make sure that these things.. Up to this point the community groups have
met with people from the Planning Department and they have in turn recommended
that in order to not break this thing wide open, and I'm assuming the thing
that they want to do, is to slowly ease into it; that we be considered a C-4A,
that designation. Now I don't know exactly why that designation was what, I
don't know and I can't really say exactly at this point.
Mr. Plummer: Let me try to help you because if I understand it is under the
moratorium. What he really is asking us to do is allow him to go before a hear-
ing. Is that correct?
Mr. Robert Davis: Let me explain, Commissioner Plummer, if I may. Dr. Graham's
property is presently zoned C-2. He would be permitted to petition as a condit-
ional use as a supper club on that site if there were not the interim zoning
district imposed upon it. However, the Interim Zoning District was imposed upon
this area so that new zoning could be studied for that street, At this point
the Interim Zoning District prohibits him, therefore, from having a supper club
in this site. What he is asking you to do is either to reconsider in public
hearing a revision to the Interim Zoning District or to have hearings for the
future zoning which the Planning Department has studied for the area,
Mr. Plummer: Well, when is that to cone forth?
Mr, Davis:
'm not with the Planning Department and Mr. Acton, unfortunately
31
MAY 1 3 1976
isn't back yet, Ye would have to answer that, Coinnissioner, I'n not sure
when it's out of the Planning Department,
r, Plummet Well, it seems like to Isle that you've got to go for a public
hearing,
Mr, Davis: It has to be a public hearing either way. Yes, sir,
Mr. Plummier: Well, let tine ask you this question, He is presently C-2?
Mr, Davis: Yes, sir,
Mr. Plummer: Is C-2 supper club permissable?
Mr. Davis: As a conditional use,
Mr, Plummer: Are you contemplating what, the old theatre?
Dr, Graham: No, at the old place where the old Southern Furniture place,..
next door.
Mr. Plummer: The big building.
Dr. Graham: Right.
Mr. Plummer: Wasn't there a night club there before, the Knights?
Dr. Graham: Yes. There was the Continental Club about 3 doors down.
Mr. Plummer: You're then north of Dave Curry?
Dr. Grahan: He's about 3 doors north.
Mr. Plummer: Let me understand. Under the C-2 he can go in a conditional use?
Mr. Davis: yes, sir, except the Interim Zoning District has imposed the restrict-
ion of no supper clubs in that area.
Mr. Plummer: Yes, but if we give him the right to a public hearing...
Mr. Davis: You would have to amend the Interim Zoning District I think, sir.
Mr. Plummer: Bob, what do you recommend?
Mr. Davis: I recommend that this be taken back to study for eithr a change in
the Interim Zoning District or if it is fast enough to bring it out for the
planned zoning that is for the area, sir.
Mr. Plummer: Let me make myself very clear. Under no circumstances would I
permit this without the normal public hear:zgs. So let's make my position very
clear. How long would it take to study this man's problem? Could you come
back with some kind of answer on the meeting of the 27th?
Mr. Davis: I wish I could answer for the Planning Department on this, I would
assume they could answer you, sir.
Mr. Plummer: Alright, well I tink that is reasonable. Do you think that is
reasonable, sir? Yes, we would come back with an answer of which way, which
vehicle you shall use to try to attain your end results. Fully understand that
in no way would my motion be that you're going to be granted, but what it would
be is trying to get you to a public hearing which you cannot do now. Ok? Mr.
Mayor, I move you, sir, that this be referred to the Planning Department to
come back and make recommendations to this commission if it is feasible which
vehicle for this man to use to attain his end results of a supper club and that
that answer be coming back no later than the meeting of the 27th of May,
MAY 13i6
The following motion was introduced by Commissioner Plumtet, who moved its
adoption:
MOTION N0. 76-474
A MOTION TO REFER TO THE PLANNING DEPARTMENT THE REQUEST OF DR.
CECIL GRAHAM WITH REFERENCE TO THE OPERATION OF A SUPPER/NIGHT
CLUE AT 6100 N.W, 7TH AVENUE WITH THE REQUEST THAT RECOMMENDAT=
IONS BE SUBMITTED TO THE COMMISSION ON MAY 27TH AS TO THE PROPER
VEHICLE TO BE USED IN ACCOMPLISHING DR. GRAHAMS OBJECTIVE.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None,
ABSENT: Reverend Gison.
47, PERSONAL APPEARANCE
EFRAIN GONZALEZ
6 UNIT PROJECT 426 S, W, 19TH AVENUE
UNIDENTIFIED SPEAKER: Thanks to the Commission and the City Manager on the
behalf of Mr. Gonzalez to give us the opportunity to be here this afternoon.
Commissioners and City Manager, during April 14, 1974 Mr..Gonzalez bought a
lot at 426 S.W. 19th Avenue. Now during that time Mr. Gonzalez wasn't able
to attain a finance loan to build this 6 unit apartment which he was going to
use... Later the city passed an ordinance and reduced the density in this
unit which Mr. Gonzalez would be in very financial difficulty since he bought
this lot and paid $34,000 for it. Today here we ask you to give us the consider-
ation to see if we can renew this building permit since we got a verbal commit-
ment for the mortgage. I have here the contract which I'll be glad to give you
a copy and you can see how much money he has in this lot here.
Mayor Ferre: Mr. Mayor, I'll give you and the commission an over view and then
if you need any more details Mr. Ferencik can supply the details. A permit was
issued on 4/12/74 and expired on 1/16/76, January 16th of this year. The den•
sity was changed on this property from 6 unit construction to four units per-
mitted. The difficulty here is that no construction was started and from my
understanding the application for the permit was under a different name than
now the request is being made. So there was an exchange of ownership or exchange
of title from one owner to another and I don't know what the conditions of sale
or arrangement were made but once again this places a burden on the City Commis-
sion because you cannot really consider financial hardship. If there is some
other reason for doing this you'd have to search to find that.
Mayor Ferre: Do you understand what the problem is?
UNIDENTIFIED SPEAKER: Yes. Mr. Mayor, when he bought this from Mr. Hernandez
he was subject to taking a building permit which we did at that time. You can
see the date of the contract there.
Mr. Plummer: But the point is no construction was ever started. Is that correct?
UNIDENTIFIED SPEAKER: Yes, due to the financial problem that we all know about
and we went through the past 75 and 74.
Mr. Plummer: (INAUDIBLE)
Mr. Andrews: And the difficulty that these gentlemen should appreciate is that
this is an area that the commission has not been granting exceptions to because
no construction was started. If you do I'll predict for the commission that
you're going to create problems that are going to be extremely difficult to live
with in the future and recognizing that this is a smaller unit, but the principle
that you're applying can apply to a lot of important structures in all of the
City of Miami and you will be creating a problem that will be very difficult to
recover from.
W. Plummer; Paul, what I have established on all of them before, 'that they
played by the rules. Now these people have not because they never started. So
it is an entirely different story in itself, What is the permit he has?
W. Ferencik; He has a permit to build, he had a permit to build 6 units on the
property. He has no permit now.
; :s MAY 131976
Mt, PluMmer: tes, I undetstand4 but he took out a pertit,.,
Mt, Ferencikt in April of 74 to build 6 units on this lot. They never started
any constructionno construction at ail,
tiNIDENTIFin MAMA! Mr. PlUthet§ this wasn't to the new ordinance that was
passed,
Mr, Plummer: We're Well aware of that4 you knowi but you could have relieved
my conscience even if you had pouted the footing but you didn't.
UNIDENTIFIED SPEAKER: But We were ready here waiting two years you know we
haVe taken out for mortgages there and pay taxes which have over $500, Here
we should be deserve some consideration,
Mayor Ferret Let me see if I can explain this in Spanish, if you'll forgive me.
Mr. Andrews: Mr. Mayor, I think Mr, Lloyd can address himself to this. Members
of the Commission, actually the commission has really placed itself in a point
of jeopardy if you go ahead and act on this without any indication that anything
has begun you would be foreced to ---
Mayor Ferre: I've explained that to him.
Mr. Andrews: --a resolution modifying the ordinance.
Mayor Ferre: I've explained that to him. Unless there is a motion on the part
of anybody here I don't think we have to take any action. Do we? Hearing no
action or no motion on the part of anybody then I'm sorry that we cannot help
you in your case.
• e. 0.4
" •
48. RELOCATION OF PROPOSED VELODROME to VI RG I N I A KEY 8 t tE
Mayor Ferrel All right, well take up item Il 30, which is the Velodrome, the
proposed velodrome and other cycling activities at Robert King High Pei*,
You all received a copy of a letter from Mr. Carlos Arboleya, which I would
like to introduce into the record. Unfortunately, Dr. Arboleya could not be
+sresent because he's at a bank meeting, but he did send a rather extensive
documented letter which 1 think you've already received. All right, Mr. Andrews,
Mr, Andrews: Mr. Mayor, and members of the Commission, as you will recall at
the last meeting we had received bids with reference to a Velodrome and the
question of the quality of the Velodrome be built at this location and I had
some reservations about this project and I beg your indulgence to give us time
to go back and really reveiew this. And, there is so much involved in the
Velodrome development and the things that we can and can't do, even to the fact
that we have not thoroughly explored portable velodromes but I'm satisfied from
the information that I've received that portable velodromes while they are
available and could be made available in Miami so that we could place them in
the Orange Bowl or Baseball Stadium or some other location in Dade County and
even receive a fee for them. They're usually so small and for a specialized
purpose they don't fulfill the general functions that we're looking for in
more than just a racing horse in which their can be competitive, formalized
racing activities, but one in which a velodrome would be developed in such a
way that it could be used to try young people , to educate them on bicycling
to become the center of a bicycling function and activity in the City of Miami
that we rule out any further review of a portable Velodrome, so eliminating
that we then look to a permanent type of facility. We done some additional
survey work and find that velodromes for the most part that are constructed and
really successfully in the United States are ones that are constructed of
concrete. Of the nine or ten velodromes that are such that they really attract
people and track racers and are used as a center of bicycling in the community.
Eight of those ten are constructed of concrete and two of asphalt and one of
those considerations underway to cover the asphalt with concrete. So if we
build a velodrome it should be built of concrete rather than asphalt. Now, I
personally went out to Robert King High Park with Mr. Al Howard and some of
his staff, walkedthe area and reviewed it very carefully and this is a rather
accurate drawing of where the velodrome would be located in Robert King High
Park and I'm confident that it could be constructed their without any major
impact upon the picnic camping area further to the north. North is to my right
on the drawing that you see. Washroom facilities in the future could be added/
restrooms, there is some seats provided in the stadium. Some 500 now are
velodrome and approximately 2,000 additional seats could be added in the future.
There's one serious problem which locating a velodrome in Robert King High Park.
We're optimistic that if this is accomplished and accomplished properly for the
'City, that it can become a major recreational area and it has other potential
uses, so immediately if it's going to be successful and we do it right and I
hope if we build a velodrome and we do it right we would have a critical parking
problem on our hands. We then begin to examine the alternatives to this site.
Look at the maps that depict all our parks and the amount of space we have
and there is only location in the City of Miami that I can safely recommend to
the City Commission that a velodrome be constructed at and it would be my
recommendation that you consider locating a velodrome at Virginia Key. We have
what we believe is a perfect location for such a facility and then almost
equally as important Mr. Mayor and members of the Commission, that the fact
that you're trying to seek a way of providing a facility that would accommodate
some 6 or 7,000— 8,000 young people in concerts and other activities. AT that
location with future parking facilities developed and a velodrome at that
location connected with our campground facility, the fact that the bicycle
system already exists coming to a vocal point at Rickenbacker Causeway and over
on to Virginia Key. That can become a center of bicycling activity and it
would be an excellent solution. It's away from any residential area in the
community. It makes sense. Now, I've already talked to Mr, Balkin. I had
a meeting with him because I thought, only in fairness to him and the people
that called upon him to be spokesman that he should have the benefit of what
I was going to recommend to the Commission and find out if there was any serious
objection to this and he could speak for himself, but he's indicated that there
isn't then one additional step in order to do this is such a major change from
ahe location of Robert King High Park for this location that we would as to
Commission and I have the authority to do this, but I want the Commission to
know that we would reject the bids that we have and rebid this. For one
thing we have all the fill that we need or the embankment from the fill that's
been deposited on the north end of Virginia Key and there's an incremental
MAY 13
saving here of about$9,000 or maybe mote as a result of having that fill avail-
able right within the site area, So it's my recommendation that we immediately
object these bids, re -advertise and receive bids and bring this back to the
Commission for award in approximately 30 dnys on this basis that we have app-
toximately $172 or 173,000 to work with that we construct the velodrome of
concrete, that we provide the 500 seating, that we provide the lighting, We
provide some small amount of parking to begin with that we also provide some
restroom facilities at this location. At least to take care of the public,
not the washrooms, that eventually will he required, but we are facing a total
expenditure of about $250,000.00 to do this properly,
Mayor Verre :
How much?
Mr. Andrews: About $250,000.00. Mr. Mayor, the more we get into this the more
I can seethe potential of the City gaining a tremendous amount of publicity
valued from this. We have six Latin American Countries that would most
definite send their cycling teams to the Miami Area to compete with teams from
this country. So, I think that with the local programs that can be on, the
flexible use of it, the location: It becomes a cognizant that we should sup-
port
Mayor Ferre: Paul where will we get the money for that?
Mr. Andrews: Well, we have sufficient funds to go ahead with the first stages
to make this an attractive facility. The additional monies that we would need
would provide washroom facilities, expand the parking, other emnities that
would come along with it. Those can come at a little bit later time when we've
found the additional money. We have sufficient monies in hand to go ahead with
it and get it under way.
Mayor Ferre: What would the first phase cost?
Mr. Andrews: I would say in the vicinity of the sum that we have $170,000.00.
Mayor Ferre: All right, let me just express my opinion now. 1 have no major
cause as to where the velodrome goes. I happen to think several things. Number
one, we've got to do everything within our power to make Miami a sports capitol
of the United States. You know, it isn't enough to have sunshine and surf.
That used to be true 30 years ago or when Mr. Flagler built his railroad down
here, but now we've got to add things such as , Convention Centers, and hope-
fully theme parks like Watson Island, Tiboli Gardens, the Marine Stadium was
at an albatross for a while, now it's beginning to pay off and it really makes
this the Marine Racing Capitol of the United States. We are the Football
CApitol, we think we are anyway and I0think we've got to do everything within our power to foster athletics and healthy type of activities, because other-
wise we've going to end up being forced into some kind of gambling activities
here, organized gambling, which I am totally opposed. I think the casino's
would be the worst thing that could happen to this community. We want people
to come here for sports events. And, I really think that Dinner Key, in my
opinion should be slowly but surely developed --Virginia Key, as a place for
boating activities, sport activities, recreational activities. Maybe, someday
we can even get a baseball field out there or a baseball stadium. It ought
to be a place where we have water and other sports activates that would enhance
the image of this community and attract people here and I'm all for the concept
the question is where? I think that's a good solution, myself.
Mr. Andrews: See, you'll notice that it's inland enough. You can't use that
area of stadium course and it's inland enough so it doesn't attract from the
waterfront usage. The island is big enough and we believe that, that's an
excellent location for that.
Mayor Ferre; And, you have parking and also ---- things act like magnets.
When you have one thing and that attracts another. I hope that we'll get
ten other activities out there over the next few years. We're going to have
camping thanks to the superman and --- not superman and other activities ---
he's really the father of all these things and I think that this is really a
great cause. I'm all for it.
Mr, Andrews; All right. I don't want to delute your attention of this but
I mentioned one thing and I have to give Mr. Howard credit for undercovering
a way of possibly moving ahead with that entire camp area on Virginia Key.
Mayor Ferre; Is that the green area?
MAY131976
Mr. Andrews: That's the green atea► We've got an application into the state
for sofite five or six hundred thousand dollars ($56001000,00) to develop that,
They're have difficulty finding the motley to work with the City, Although)
they want to do so very touch and they may in the future§ but Mr, Howard has
uncovered that the cote of engineers does exactly this sort of thing, It will
supply them with the gasoline, certain materials) and we have materials there
that t.'e can use. They will cote in and put in and develop. It will be a Slow
of process, but we'll make progress and they'll begin this for us and that can
really begin to develop into very fine recreational area,
Mrs. Gordon: Where is the sewer plant) will you point to it out there on the
map?
Mr. Andrews: That's the main plant as it exists and then it extends over into
that area, an additional 60 acres.
Mrs. Gordon: Ok. It's far removed from your ---
Mr. Andrews: It's far removed. These distances (and I'll point with my finger)
are about 1,200 feet.
Mayor Ferre: Paul, while you're doing that I might point out that this file is
my file of letters for and against. The letters against -with a few exceptions
are not against the velodrome, they are against the velodrome in Robert King
High Park. What they say is that park is for the neighborhood, it's for
Boy Scouts and for kids and they don't want the velodrome in there. You know,
you can't disagree with the logic of that. So, we got two subjects here. One
is the Velodrome, itself. I think the Commission has enough times expressed
their opinion for the Velodrome. The other subject is where. Now, if we can
accomplish this, there are no neighbors here that are going to complain, I don't
think, unless it's allegated out there.
Mrs. Gordon: Mr. Andrews, in the first phase, however you were not planning to
put the restrooms- that might present a problem in this area.
Mr. Andrews: No, I'm saying that would put minimum restroom facilities to
accommodate public. We've got an exchange there --- in one part of the total
monies available, about nine or ten thousand dollars for fill. We have the
fill of this location, so we won't need to spend any ---- amount of money.
Mrs. Gordon: Ok.
Mr. Andrews: So, we would find a way of putting the minimum facilities in to
make it work initially and then add on as time went on. And that's really -
if we've got a real good plan and we get the bulk of it done in the first phase
then we can move ahead. If we were to wait until we get everthing together
another year could go by.
Mayor Ferre: Tell me where is the platted ocean? Would you put your finger
on it, is there a parking lot there too, is there a fence or a wall or something?
Mr. Andrews: There is a fence.
Mayor Ferre: But we'vd have to ask those people since thats our land anyway.
NO, we gave them the land...
Mr. Andrews: But - we gave them the land --- but that doesn't constitute a
problem.
Mayor Ferre: Ok. All right, what the will of this Commission?
Mr. Plummer: In conjunction with a motion, which I feel I know what it's going
to be, Mr. Andrews, you know, the one thing that we're are constantly critici-
zed for in the administration and all. If we give you the ok today to proceed
on this site on Virginia Key, when will the Mayor have the right to break his
arm dedicating this facility?
Mr. Andrews: Well, there is about 100 day construction with the concrete, I
believe that, that still remains the same. We feel that this can be accomplish-
ed in about 150 days to the conclusion of construction.
:37
MAY 13197
Mr, Plummer: Ok, If we give you the ok today with knowing with everything.
Give them a date, Give me a date,
1`ir, Andrews: Well, I'm giving you 150 days because about 100 days for con,,,
struction and we would be required to have 30 more days to receive bids;
award it; so what's 150 days from now?
Mt. Plummer: That's five months.
Mr, Andrews: So we can count the months.
Mr. Plummer: 0k. So, we're talking about May, let's sec; June, July, August,
September, October.
Mr. Andrews: Right.
Mr. Plummer: Ok. So, in other words, on the first day of November, April,
all souls day- we can go out and pray for the Mayor to dedicate the velodrome,
is that correct?
Mr. Andrews: That would be a good day.
Mr. Plummer: Ok. Rose, you want to make the motion?
Mrs. Gordon: Could we break ground on the 4th of July together with our
Bicentennial Park dedication?
Mr. Andrews: Mr. Mayor, so there's absolutely no misunderstanding, I spoke to
Mr. Balkin. I'd rather have him get up and go on the record that he agrees
with what we're doing and ---
Mr. Balkin: I agree. I spoke to the people --
Mayor.Ferre: Dave, I'd like your honest opinion as to how many laps do you
think Plummer could last?
Mr. Plummer: More than him.
Mayor Ferre: Well, I'm going to challenge him to a race in a moment, but I
want to know ---
Mr. Plummer: You did before and you didn't show up.
Mayor Ferre: I want to know how many laps, do you think he could last more
laps? Ok, I'm only going to vote for this if Plummer excepts my challenge.
He and I are going to have a race.
Mr. Plummer: Mr. Mayor, you and I still have a little monetary consideration
of $100.00 going to the others favorable charity of whoever drops out first.
I had you on default before but I'm willing to give you a chance to get even.
Mayor Ferre: All right, look are you speaking against or for it.
Mr. Vick Needs: I'm the South Florida Representative behind CyclingFederation
and on behalf of David Balkin and all cycles all over. I want to thank the
City Manager and Commission for the work that they've done in advancing cycling.
I have just one question of the City Manager when the bids are sent out, will
it require more public hearings or -- before the bids are awarded?
Mr, Andrews: No, the process that the Commission uses by charter is that the
City Manager is authorized on his own to seek these bids. As soon as the bids
arrive they will be reported with my recommendation to them as to an award and
the next official act in about 30 days from now would be the actual award of
this bid.
Mr, Needs; Ok and also David Balkin will be having his tour of Coconut Grove
in November and in conjunction with the tour of Coconut Grove, the United States
Bank Confederation as a whole will be working with David Balkin to put on hope-
fully the biggest and best track events that open this track and start :•iiami
off an4 it'll put them at the top of the map with an International Cycling
Event.
Mayor Ferre: That's super. Congratulations,
MAY 131976
Now who makes the potion?
Mrs. Gordon: I wilt.
Mayor Parte: Rose Gordon (takes the motion. Plutnrer seconds. Further
discussion: Call the toll.
The following tnotion was introduced by Commissioner Gordon, who moved its
adoption:
MOTION NO, 76-475
A MOTION TO ACCEPT THE RECOMMENDATIONS OF THE
CITY MANAGER WITH RESPECT TO THE LOCATION ON
VIRGINIA KEY AND THE DEVELOPMENT OF A VELODROME
FOR THE CITY OF MIAMI.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre.
NOES: None.
ABSENT: Father Gibson.
49, REALLOCATION OF FEDERAL REVENUE SHARING FUNDS
Mayor Ferre: While Superman settles down. There was memorandum that came
out on May 5th Mr. Manager about the allocations of funds. I made a mistake
and I would like to change in the amount that I had disposal to Nicky Cruz,
instead of $1,500- $1,000. Youth Co -Op instead of $1,500- $1,000 and with a
$1,000 that remains I would like to donate that to Accion. All right. Do we
need a vote on that? Oh- you don't need a vote.
50, AMEND RES176-20 CHANGING AMOUNT FROM $4,598 TO $3,894
The following resolution was introduced by Commissioner Plummer who moved
its adoption:
RESOLUTION NO. 76-476
A RESOLUTION AMENDING RESOLUTION NO. 76-20, ADOPTED
JANUARY 8, 1976, WHICH TRANSFERRED $4,598 FOR EQUIP-
MENT PURCHASES FROM THE EQUIPMENT EXPENDITURE CODES
OF VARIOUS DEPARTMENTAL BUDGETS INTO THE EQUIPMENT
EXPENDITURE CODE. OF THE CITY MANAGER'S BUDGET; BY
PROVIDING IN SAID AMENDMENT FOR THE REDUCTION OF THE
TOTAL AMOUNT OF FUNDS TRANSFERRED FROM $4,598 TO
$3,894.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Vice Mayor, Gordon, the resolution was passed and
adopted by the following vote:
AYES; Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre.
NOES; None.
ABSENT: Father Gibson.
3
MAY 131976
u
5 ., AWARD Sin- MOVING EXPENSES Of MIAMI POLICE DEPARTMENT To NEWS.
The following resolution was introduced by Commissioner Plummer who moved
its adoption:
RESOLUTION NO, 76-477
A RESOLUTION AMENDING RESOLUTION NO, 76-312, ADOPTED
MARCH 25, 1976, WHICH ACCEPTED THE BID OF WITHERS VAN
LINES FOR MOVING THE MIAMI POLICE DEPARTMENT AT A
TOTAL COST OF $12,211 BY ADDING AN ADDITIONAL SECTION
THERETO AUTHORIZING THE PAYMENT BY THE CITY TO WITHERS
VAN LINES OF EXTRA CHARGES IN ACCORDANCE WITH THE
OFFICIAL TARIFFS OF THE FLORIDA PUBLIC SERVICE COM-
MISSION, NOT TO EXCEED THE AMOUNT BUDGETED BY THE
DEPARTMENT, IN THE EVENT SAID EXTRA CHARGES ARE
SUPPORTED IN WRITING, BASED UPON THE FACTORS OF MAN-
POWER, EQUIPMENT AND TIME.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Vice Mayor, Gordon, the resolution was passed and OF
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre.
NOES: None,
ABSENT: Father Gibson.
AUTHORIZE MANAGER TO
NEGOTIATE FOR
52, SELECTION OF FIRM
FEASABILITY STUDY - DEVELOPMENT OF
WATSON ISLAND
Mr. Andrews: Mr. Mayor, and members of the Commission. When you adopt the
resolution to move ahead with Watson Island you gave the City Manager broad
latitude to re -act and get this project underway. That included the selection
and acting upon the economic consultants, if they were required to carry this
forward. Rather than my acting unilateral, even though you gave me the author-
` ity. Because there is a expenditure of public funds involved I feel better if
I discussed this publicly with the Commission so there's absolutely no misunder-
standing. We went through a great deal of trouble to insure that we made broad
contact with economic consultants that met the city's criterial for the potent-
ial study that's needed to give us the proper direction so that at a later time
a design engineering firm --- a consultant could then design based on the crit-
eria that the economic consultants would establish. Mr. Mayor and members of
the Commission this is an extremely important undertaking. The City of Miami
does not usually get involved in these kind of studies because our facilities
that we develop are more publicly recreation or orientated in the sense of
with the open park areas. In this case we're combining both features with a
private enterprise to operate a portion of the total facilities that would be
developed at Watson Island. We sent out and received thirteen proposals. We
evaluated each of these proposals in terms of the backgrounds of the firms to
perform the services that we needed. And, carried that to a point where we
were satisfied that there were six firms that should be personally interviewed.
The screening committee was established and interviews were conducted with
Peat, Marwick, Mitchell Company. (I'm giving you the order in which they were
interviewed) Mr. 0/Powell was the representative for that firm. First Research
Corp. -Mr. Philip W. Moore represented that firm. Mr. W. Thomas Wall represent-
ed Gladstone Associates, Mr. Wayne Wilson represented Economic Research
Associates. Carl H. Marshall, represented Hammer-Syle and George Associates
Gen. Potter & Admiral Fowler Tepresented Fowler,Ettinger,Potter&Hart, another
associate, It is my recommendation to the Commission that you authorize me to
negotiate a contract with Fowler,Ettinger,Potter & Hart. They have had exten-
sive experience in this exact field and I can read you a l::.kely list that l
have • before or projects that they've been involved in and I'm confident that
if we engage them, are successful engaging them that we'll get a very superior
MAY 31 7
product froth which we can move ahead.
Mayor Ferre: All tight, let me just state for the record that I personally
know all these firths and anyone of their are excellent. Gladstone Associates
certainly is a fantastic firth with a great recotMendation. I would say that
the firm of Peat, Marwick, & Mitchell, who did the same study for Interarna
certainly could do an exceptionally fine study because they've already done
all of the work and it's just a question of revamping and bringing it up-to-
date, The firm of I4ammer=Syler probably has one of the best reputations itt
the United States. hut, I think your choice is a wise choice because of both
Admiral Filer and General Potter are individuals as you all know `ratio were
deeply involved' itt Disney World and who have the knowledge and the respect of
the whole community. (I mean all of the community). So, if that's your
recommendation- do you have a number two choice?
Mr. Andrews: Yes I did. Would you like me to announce it?
Mayor Ferre: Well, I think that we should give you the broad authority to
go to one and if you don't ----
Mr. Andrews: Gladstone Associates would be --
Mayor Ferre: Is your second choice?
Mr. Andrews: Yes.
Mayor Ferre: Is there a representative of Peat, Marwick here? I don't mean
to start arguing Paul, because I know and I have confidence in the Administrat-
ion's judgment on this whole thing, but I want to ask this question. Have you
taken into consideration the fact that Peat, Marwick did all of this work?
Mr. Andrews: Yes.
Mayor Ferre: For Interama?
Mr. Andrews: Yes.
Mayor Ferre: That doesn't give them a special ---
Mr. Andrews: No.
Mayor Ferre: Ok.
Mr. Andrews: Just when you really have all the facts before you and examine
what you're looking for in relation to our criteria it appeared to us that
Gladstone was at a position in his second firm.
Mayor Ferre: All right.
Mr. Plummer:
the action of
Mayor Ferre:
Mr. Andrews:
Mr. Plummer:
Mrs. Gordon:
Mayor Ferre:
roll.
Mr. Mayor, let me ask this question? Are we really gratifying
the Manager?
Well, he wanted to make it public.
No.
I understand that, but-- ok. Fine. I offer the motion.
Seconds.
Plummer moves. Gordon seconds, further discussion. Call the
41,
MAY 131976
The following thotion was introduced by Commissionet Plummet, who moved its
adoption:
MOTION NO, 76-478
A MOTION ACCEPTING AND RATIFYING THE ACTION OF
THE CITY MANAGER IN SELECTING, FOR PURPOSES OF
NEGOTIATING A CONTRACT TO PERFORM A FEASIBILITY
STUDY OF THE DEVELOPMENT OF WATSON PARK, THE
FIRM OF FOWLER, ETTINGER, POTTER & HART OF .
ORLANDO, FLA.
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote:
AYES: Mr, Plummer, Mrs. Gordon, and Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso, and Father Gibson.
Mr. Andrews: Mr. Mayor, one other question and I don't want to wait for you to
ask it again, because you asked it once and that's enough at the last meeting.
You really begin this process by asking what the schedule was and if you'd like
me I'd like to go through that because we're really on target. Some of these
things seem to take so long but we're making it petty and rightful progress
and I want to read you what's going to happen from this point forward. You've Al
already acted and we'll begin negotiating rather rapidly. We would hope to
sign a contract by May 31st if we successfully negotiate. and there would be a
60 day work program to produce the actual program. There would be a 60 day
work program produced as a result of close of negotiating and the signing of
a contract by May 31st or earlier if possible. On June loth, we'll be coming
to the Commission for approvals advertised for professional design and engineer-
ing services to produce the detailed master plan for Watson Island on a long-
range development. Now, the reason that we want to advertise is to get all of
this information in our hands so we can begin analyzing the consultants that
would be involved so that just prior to making recommendations to the Commission
as to who should do the design work. We will have the results of the 60-day
work program and can measure that against professionals that we have solicited
proposals form. We would have picked up two months is what I'm saying
Mr. Mayor in time if we take this step. 0n July 20th, the deadline for
receipt of proposals would then be available and we'll initiate selection
process. 0n August 2nd, some twelve of thirteen days later we would have
received the completed action program and we would be in a position to. measure
the proposals that we have received from professional design and engineering
services, consultants and by September the 9th or earlier. We're assuming
that you won't be available through the month of August, but if you are then
the Commission could approve the negotiations for a contract to get the detail
plan underway for the development of the island.
Mayor Ferre: Well, in other words, what you're saying is that we're going to
proceed with the design.
Mr. Andrews: No. After we receive the results ----
Mayor Ferre: I understand. The first time of the economic study and the
feasibility then comes the selection of the design master plan.
Mr. Andrews: Right.
Mayor Ferre; We haven't selected who's going to do that.
Mr. Andrews: No, not yet. We want to go out to receive those proposals now
and get ready for that.
Mayor Ferre: Then, you're going to come back with the financing plan?
Mr. Andrews; Yes.
Mayor Ferre; Prior to that,
Mr. Andrews; Yes,
42
MAY 1 3 1976
Mayor Vette: And the whole detail of how we're going to go about and how big
this is going to be, Whether this is going to be a 1.0 million dollars or a
3d or a 50 million dollars or whatever. And, you're going to study the parking
needs if any at►d how you're going to get people there and whether We're going
to have boats going in there and all that kind of stuff. 0k.
Mr, Andrews: To whatever extent I can 1 going to tell you that as City Manager
f'tn going to influence that we've just selected to insure that the design that
they submit to the City is really a workable action plan. To submit something
to you that's going to cost 25 million dollars to get off the ground immediately
is just not going to work in Miami Mr. Mayor. We're going to be realistic.
Mayor Ferre: Well, you're not going to put a figure on it yet, are. you?
Mr. Andrews: No, no. What we're going to try to influence this group with is
the fact that one of the reasons in South Florida and in the Dade County Area
it seems that we fail because we get so ambitious and have every single thing
carved out that when you're through you got a 30 million dollar project on
your hands that nobody can handle. Now, if it's 30 million dollars over 6 or
8 years, that's another matter and the first increments cost 4 or 5 million
dollars to put in place, then you're got a viable plan.
Mayor Ferre: Well, ok, that's something that we will be discussing when you're
ready to discuss it with facts and figures.
53. RECEIVE ANNUAL POST AUDIT — TOUCHE, ROSS AND CO,
Mayor Ferre: The next item before us is item 34.
Mr. Andrews: Mr. Mayor, can I interrupt the Commission for just one moment
Mr. Mayor. Herb Simon is here and I neglected to indicate that he is here
in a official capacity representing the City Commission and in that he is on
the Watson Island Committee of the Bicentennial Sub -Committee and I apologize
for not introducing him when we were discussing the subject.
Mayor Ferre: Herb, it's always good to have you here.
Mrs. Gordon: Did you want to say anything Herb? Ok.
Mr. Plummer: I move 34.
Mr. Reboso: I second.
Mrs. Gordon: Ok. It's been moved and seconded. Will you call the roll please?
The following resolution was introduced by Commissioner Plummer who moved
its adoption:
RESOLUTION NO. 76-479
A RESOLUTION RECEIVING THE ANNUAL POST AUDIT REPORT
PREPARED BY TOUCHE, ROSS & COMPANY; AND AUTHORIZING
THE CITY CLERK TO RETAIN SAID REPORT AS A PUBLIC
RECORD FOR A MINIMUM OF 10 YEARS.
(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: Mr, Plummer, Mr. Reboso, and Mrs. Gordon.
NOES; None
ABSENT; Mayor Ferre and Father Gibson
MAY 131976
N
APPROVE
NtO54, REPRESENTATIVE TATVEJOS PH U asfi N PARKINGMVIOLATIONSCITATIONS
Mr. Plummer: I mode 35.
Mt. Reboso: I second the motion.
Mrs. Gordon: Moved by Commissioner Plummer.
Call the roll please.
The following resolution was introduced
its adoption:
Seconded by CoMmissioner Reboso.
by Commissioner Plummer who moved
RESOLUTION N0. 76-480
A RESEOLUTION APPROVING PROPOSED LEGISLATION BY
REPRESENTATIVE JOSEPH GERSTEN WHICH WOULD ENABLE
METER MAIDS TO ISSUE PARKING VIOLATION CITATIONS.
(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: Mr. Plummer, Mr. Reboso; and Mrs. Gordon.
NOES: None.
ABSENT : Mayor Ferre and Father Gibson.
55, RESOLUTION RECOMMENDINGATMOSPHERIC SUPFUR DIOXIDE
ADOPTION OF PROPOSED DADE CO,ORDINANCE
Mrs. Gordon: Have a 36 please.
Mr. Plummer: I'll move it. Manager recommends.
Mrs. Gordon: Ok. Seconded by Commissioner Reboso. Call the roll please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-481
A RESOLUTION RECOMMENDING ADOPTION OF THE PROPOSED
DADE COUNTY ORDINANCE GOVERNING ATMOSPHERIC SULFUR
DIOXIDE EMISSION LEVELS, SUBJECT TO THE EXEMPTION
OF THE CITY OF MIAMI'S N.W. 20 STREET INCINERATOR
OPERATION FROM THE APPLICATION THEREOF.
(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: Mr, Plummer, Mr. Reboso, and Mrs. Gordon.
NOES; None.
ABSENT; Mayor Ferre and Father Gibson.
EMISSION
LEVELS
MAY 131976
56, C TY MAMA 0RI'Y w MANPOWER PLANNING COUNOtL"BADE & MONROE CO:
"MIAMI SUMMER TEEN UPLOYMENT PROGRAM"
Mts. Gordon: Number 37,
Mt, P1urimer: Move it.
Mrs. Gordon: Ok. Moved by Commissioner Plummer. SEconded by Commissioner
Reboso. Call the roll please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION N0. 76-482
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH THE MANPOWER PLANNING COUNCIL OF DADE
AND MONROE COUNTIES TO IMPLEMENT A MIAMI-SUMMER TEEN
EMPLOYMENT PROGRAM.
(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: Mr Plummer, Mr. Reboso, and Mrs. Gordon.
NOES: None.
ABSENT : Mayor Ferre and Father Gibson.
57, CITY MANAGER
OF
MANAGERCHILD DAY CARE PARENT TRAINING DEMONSTRATION
GRANT APPLICATION
Mr. Plummer: 38 moved byMrs. Gordon. PROGRAM
Seconded by Commissioner Reboso. Any
discussion, hearing none. Ca11 the roll on item 38.
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION NO. 76-483
A RESOLUTION APPROVING AND RATIFYING THE ACTION TAKEN
BY THE CITY MANAGER IN THE SUMISSION OF A GRANT APPLI-
CATION TO THE U.S. DEPARTMENT OF HEALTH, EDUCATION AND
WELFARE FOR A CHILD DAY CARE PARENT TRAINING DEMONSTRAT-
ION PROGRAM AND AUTHORIZING THE CITY MANAGER TO ACCEPT
THE GRANT AND EXECUTE THE NECESSARY CONTRACTS AND AGREE-
MENTS TO IMPLEMENT THE PROGRAM UPON RECEIPT OF THE GRANT.
(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: Mr. Plummer, Mr. Reboso, and Mrs. Gordon.
NOES; None,
ABSENT: Mayor Ferre and Father Gibson.
MAY 3 1976
58, CONFIRMATION ACTIONS
OF CITY MANAGEk
RECREATION PROGRAMS FOR MENTALLY RETARfED
ADULTS
Mt. Pluttiier: 19 moved by Mrs. Gordon. Seconded by Reboso. Is thete any
discussion? Hearing none, call the roll.
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION NO. 76-484
A RESOLUTION RATIFYING AND APPROVING THE ACTION TAKEN
BY THE CITY MANAGER IN THE SUBMISSION OF A GRANT
APPLICATION TO THE STATE OF FLORIDA, DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES, RETARDATION
PROGRAM OFFICE, FOR RECREATION PROGRAMS FOR MENTALLY
RETARDED ADULTS, AND AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT AND EXECUTE THE NECESSARY CONTRACTS
AND AGREEMENTS TO IMPLEMENT THE PROGRAM UPON RECEIPT
OF THE GRANT.
(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: Mr. Plummer, Mr. Reboso, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre and Father Gibson.
CONFIRM ACTIONS GRANT APPLICATION
59, OF CITY MGR,
COMMUNITY RETARDATION SERVICES
Mr. Plummer: 39"B" moved by Commissioner Gordon. Seconded by Reboso. Is
there any discussion, hearing none. Call 39 "B".
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION NO. 76-485
A RESOLUTION RATIFYING AND APPROVING THE ACTION
TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A
GRANT APPLICATION TO THE STATE OF FLORIDA, DEPART-
MENT OF HEALTH AND REHABILITATIVE SERVICES, RETARD-
ATION PROGRAM OFFICE, FOR COMMUNITY RETARDATION
SERVICES; AND AUTHORIZING THE CITY MANAGER TO ACCEPT
THE GRANT AND EXECUTE THE NECESSARY CONTRACTS AND
AGREEMENTS TO IMPLEMENT THE PROGRAM UPON RECEIPT
OF THE GRANT.
(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: Mr. Plummer, Mr, Reboso, and Mrs, Gordon.
NOES: None,
ABSENT: Mayor Ferre and Father Gibson,
Mrs, Gordon: Mr. Andrews, may I ask a question? Noted that there were three
applications in one month on the Mental Retarded Program, could we ask you if
you could our program coordinator speak to us at the next meeting and give us
a idea about - you know, the programs and so forth?
MAY 131976
•
Mr. Andrews: We certainly can and not ottly that I think we can document for
Yeti so that you Cab have available in your office the backgrounds of each one
of these programs.
Mrs, Gordon: I appreciate that.
Mr, Andrews: They're very fine programs and the bulk of all the money to carry
out these programs will comae through these grants. There will be mostly inkind
service. The last one that you adopted is mote the engagement of services of a
Therapeutic Recreation Coordinator to assist us in the overall administration
of the handicapped program. So, this is a very, "very fine introduction of these
programs if we're successful in attaining the grants.
Mrs. Gordon: I think that's wonderful and 'then you'll schedule it.
Mr. Andrews: Ok.
60, L)RANT F EE USE OF RARE FRUIT COUNCIL OF FLORIDA
INNER IEY AUDITORIUM
Mrs. Gordon: We're on item 40, Mr. Mayor.
Mayor Ferre: Go ahead.
Mrs. Gordon: Ok. Item 4l 40.
Mr. Plummer: Does this meet the criteria ?
Mr. Andrews: Yes, it does. They will pay the basic expenses plus a $100.00
service charge and it's a very good thing because it's a recreational activity
and does a great of good for the community. The rare fruit trees will be sold
on that day and I plan to purchase one myself.
Mr. Plummer: I move it.
Mrs. Gordon: Moved by Commissioner Plummer. Seconded by Commissioner Reboso.
Will you call the roll please?
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-486
A RESOLUTION WAIVING THE RENTAL FEE FOR THE USE OF
DINNER KEY AUDITORIUM ON MAY 28 AND 29, 1976 FOR A
RARE FRUIT TREE SALE SPONSORED BY THE RARE FRUIT
COUNCIL OF SOUTH FLORIDA, INC. SUBJECT TO PAYMENT
FOR THE EVENT PERSONNEL, INSURANCE, AND OTHER DIRECT
COSTS BORNE BY THE CITY.
(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: Mr. Plummer, Mr, Reboso, Mrs. Gordon, and Mayor Ferre.
NOES: None.
ABSENT: Father Gibson.
MAY 131976
Mt. Gale Hovey: Mrs: Gordon, May I say a woad please? I'm the Ptesident of
the Rate Fruit Council. I want to tell you t assure this is passed now?
Mrs. Gordon: Oh yes, it's passed,
Mr. Gale Hovey: All right. I want to thank all of thee- Mt. Plummer and Mr.
keboso, Mayor, and yourself for giving us this coisidetation. Mete ate 800
members in the City of Miami and I assure you that it's a non-profit organization
and We try to do a good job every year and I thank you very kindly for it.
Mayor Ferret Mr. Hovey, you're going to have to forgive me for making a little
editorial comment here and I hope Rose forgives me too. But, you see, this is
why we need to improve that monstrosity out there called Dinner Key Auditorium.
Because the future of that place is not for the big conventions, it's for the
Rare Fruit Council and the Flower Shows and the Antique Shows, and the Bicycle
Shows, and the Flea Markets and the Community Oriented type of things where we
need a home and we can't afford to build a 5 or 6 million dollar home to have
these type of things. But can you image once that place is air-conditioned and
painted and improved with good bathrooms and landscape and beautified. It's
going to be very appropriate for your type of shows in the future.
Mr. Hovey: We appreciate the building itself as it is. Lut I'm sure that we
would welcome with open arms. Thank you very kindly.
Mrs. Gordon: You're welcome. We're come and visit you.
AMEND RULE VIII CIVIL SERVICE RULES & REGULATIONS
61' SECTION 3 CHANGE IN CERTIFICATION
Mr. Plummer: I'll move item 43.
Mrs. Gordon: Read the ordinance Mr. Lloyd.
Mayor Ferre: What's this all about?
Mr. Andrews: What this does is make official practice that has been carried
out. Rather than referring three names from a register and begin their proc-
essing the Police Department to get these people into the academy, what happens
if you continue on a three bases, the people down the list get impatient about
waiting. We lose some of them. This will give us the ability to have Civil or.
Service and it was Civil Service that initated this. Taking 25% of the register
but exceed 50 names and submit that one time. The background checks begin and
if one is stalled we move ahead with the others, so it streamlines their oper-
ation and improves.
Mayor Ferre: All right. Any questions. Call the roll.
CONTINUED ON THE NEXT PAGE:
MAY 131976
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING RULE VIII, SECTION 3, OF THE
CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF
MIAMt, EFFECTIVE DECEMBER 15, 1961, AS AMENDED; TO
PROVIDE FOR A CHANGE IN THE CERTIFICATION AND SELE.
CTION FOR THE POSITION OF POLICE OFFICER; REPEALING
ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH;
AND CONTAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner Re-
boso and passed on its first reading by title by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre.
NOES: None.
ABSENT : Father Gibson.
ABSTAINING:
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of ae
City Commission and to the public.
AMEND CHAPTER
62' 17 OF THE CODE
AN ORDINANCE ENTITLED -
CHARGES FOR WATER USED SOLELY IN FIRE
PROTECTION, SPRINKLER, ETC, CHARGES
AN ORDINANCE AMENDING CHAPTER 17, "FIRE PROTECTION",
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY ESTAB-
LISHING NEW FEES FOR FIRE SERVICES; FURTHER AMENDING
SECTION 17-5, ENTITLED "CHARGES FOR WATER USED SOLELY
IN FIRE PROTECTION, SPRINKLER, ETC., SYSTEMS", BY
ADDING A NEW SUB -SECTION (b), PROVIDING FOR AN IN-
SPECTION FEE FOR A FIRE FLOW TEST, AND BY ADDING A
NEW SUB -SECTION (c), PROVIDING FOR A FEE FOR STAND-
PIPE PRESSURE TESTS; FURTHER AMENDING SECTION 17-30,
ENTITLED "FIRE RECORDS, REPORTS AND PHOTOGRAPHS",
SUB -SECTIONS (b) AND (c); FURTHER AMENDING SECTION
17-109, ENTITLED "PERMITS AND FEES", SUB -SECTIONS
(a) AND (b), PROVIDING FOR A FEE AND PERMIT FOR
PRECISION EXPLOSIVE DEMOLITION OF STRUCTURES;
FURTHER AMENDING SECTION 17-112, ENTITLED "MANUFACTURE,
SALE AND DISCHARGE OF FIREWORKS", SUB -SECTION (b),•
PROVIDING FOR THE COST OF A PERMIT FEE; FURTHER
AMENDING SECTION 17-156, ENTITLED "PERMITS REQUIRED
AND COST OF SAME; INSPECTION", SUB -SECTION (d);
FURTHER AMENDING SECTION 17-326, ENTITLED "PERMIT
REQUIRED", SUB -SECTIONS (a) AND (b), PROVIDING FOR
THE COST OF PERMIT FEES; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT HEREWITH;
AND CONTAINING A SEVERABILITY PROVISION.
and Was introduced by Commissioner Plummer and seconded by Commissioner Gordon
passed on its first reading by title by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre.
NOES: None.
ABSENT : Father Gibson.
ABSTAINING:
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of the
City Commission and to the public.
636 Ctty OF Miami DISASTER PREPAREDNESS ORGANIZATION
The following resolution was introduced by Commmissioner Plunter who
rn ed its adoption:
RESOLUTION NO. 76-487
A RESOLUTION ESTABLISHING THE CITY OF MIAMI
DISASTER PREPAREDNESS ORGANIZATION.
(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, Mr. Reboso, Mrs. Gordon, and Mayor Ferre.
NOES: None.
ABSENT: Father Gibson.
f
64, PINVEVENT OING FFNATTACK�,ONCTHEF XUNITEDESTATESIONS OF THE CITY OF MIAMI
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-488
A RESOLUTION PROVIDING FOR THE CONTINUITY OF THE
EXECUTIVE FUNCTIONS OF THE GOVERNMENT OF THE CITY
OF MIAMI, STATE OF FLORIDA, IN THE EVENT OF ATTACK
UPON THE UNITED STATES, BY THE DESIGNATION OF
ADDITIONAL OFFICERS TO SERVE FOR THE DULY ELECTED
COMMISSIONERS OF THE CITY OF MIAMI WHEN SUCH
ELECTED COMMISSIONERS ARE UNAVAILABLE.
(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, Mr. Reboso, Mrs. Gordon; and Mayor Ferre.
NOES: None.
ABSENT: Father Gibson.
50
MAY 131976
Ilk
65. ADOPTING CITY OF MIAMI EMERGENCY OPERATIONS PLAN
The following resolution was introduced by Comi issioner Plutliner who
moved its adoption:
RESOLUTION NO. i-489
A RESOLUTION ADOPTING THE CITY OF MIAMI EMERGENCY
OPERATIONS PLAN AS FILED WITH THE CITY CLERK ON
APRIL 22, 1976.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Corutissloner Gordon, the resolution was
passed and adopted by the allowing vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre.
NOES: None.
ABSENT: Father Gibson.
BRIEF RECESS: 5 Minutes.
66, ATTORNEY EDWARD J. vONG- CITY OF MIAMI PENSION MATTERS
Mr. Gong: Mr. Mayor, members of the Commission. I want to thank you on be-
half of the Trustees of the System to permit me this opportunity to state to
you a very important problem which they're trying to come to grips with. As
I understand that you're allocated an hour for this presentation. I have 30
minutes and Mr. Andrews and Mr. Lloyd or Mr.Weston will will proceed to. reply
the other 30 minutes. I'd like to hold back several minutes if possibly for
other information or other statements to be used at the end of the City Att-
orney's presentation. Before I start I w
ould like to express my congratulations
said at the time he was present had given a presentation of his position after,
And I gave my positon on behalf of the Board: Mr, Andrews said, I certainly
Want to be responsible with any information that this Board wants, but I
think it's more appropriate that this be purusred to the City Commission, so
that the City Commission can direct me to do whatever choses to have accomplish=
ed in furnishing the information, Well, I've net with Mr. Andrews and with
gout counsel and this is the point where we're at. There is no indication,
what--so-ever from the City Administration that there's any discussion to be anything to be discussed with respect to one recognition that there is an
issue 4/1 and #2, obviously, there's no desire on the part of the City Attorney
or the City Manager in which to attempt to even compromise or to talk about
settlement. In other words, as far as the city's administration is concerned
my opinion has no weight. It is wrong in law in fact and that for some reason
I think on their minds they've put their heads in the sand and say it's going
to go away. I think if you'll bear for me for a several minutes you will see
that this problem will not go away. In the legal opinion which I have sent to
each one of you. The facts were were simple. Under Florida law of 1947, you
were given the authority to tax four mills, real or personal property for
pension purposes. I read the statute to say that you must use that exclusively
for pension purposes. The City of Miami did not use all of the money for pen-
sion purposes. As a matter of fact, over the period of c;, s trust fund from
1940 to 1975 fiscal years, the City of Miami taxed $79,000,000- only $57,000,
000 was used for contributions to your pension system, 8.6 million was used
for group insurance, this began in 1956, 8.7 million for social security, 1.6
million to pay judgments(prior judgments) that were due in owing to the system.
Now, I would like to pass out schedules so you can see it(I just picked it up
for about an hour ago) and it sets for these figures which Haskins & Sells ,
the CPA'S for the trust hav, Trade up. Mr. Mayor, Commissioners, there are
three spread sheets, Exhi;:it A,B, & C, which make up this report which for the
record is dated May 11, 1976, prepared by Hakins & Sells. Exhibit A is self
explanatory, the main point there that you should note is that at the right
hand column all the way to the right, that right hand column is a ending fund
balance, which after the end of the year the monies that were attached for the
pension system these amounts were left over at the end of the fiscal years and
were carried over in a special slush fund by the city but not sent to the
pension fund because the money actually belonged to the pension fund, but it
was kept in a separate fund by the city and you'll see in 1973 it reached it's
height $943,327.00 which at the end of the year should have gone to the pension
fund was kept up by the City for its own purposes. I'm taking these in the
order(this is a new issue that's come up as a result to be counted). Exhibit
B shows - B & C are the important Exhibits with respect to the legal opinion .
You'll see the year in the left hand column, the first column, reading left
to right, the second column is the contributions to the system and plan, total
of $57,000,000.00 and then the uses which we propose are illegal, that is this
millage money was used 8.6 million for group insurance, 8.7 million for social
security, 1.6 million for judgments and losses and if you go to the next
column you see that the Finance Department reimbursed itself for 1.5 million
for this period, the Law Department for $512,000.00. It's interesting to note
that since 1958, the Finance Department has had a fixed reimbursement of ----
$62,619.00 and it runs continually all the way down to the fiscal 1975. Over
the same thing for the Law Department-$22,001.00, the accountants couldn't
figure out what the $1.00 stood for but that runs all the way down. Then there
's another category called salaries, that's the next column to the right ---
$374,000.00 those we cannot tell from the statements of the City, the records
because there are no checks to show who got this money. There are no vouchers,
whose supposed to get them, whether they actually received it and who received
it, if anybody. And, under the last column on the right is Other-- 1.8 million
dollars which we are not completely clear on who received these funds and to
what extent and for what purpose. The last column is the total column of
expenditures under Special Tax Levy Pension Fund Revenues-- $81,000,000.00.
So, Mr. Mayor and Commissioners, there's a gap of $57,000,000 difference from
$81,000,000 difference between what was allocated for pension purposes, but
used for other than pension purposes is a difference between the two figures
81 and 57 million dollars. Mr. Mayor, it's our position that the four -mill
Act of the State passed in 1947 requires you to use pension monies solely for
the purpose of the pension fund. The City clearly did not do that so the only
issue is -did they use it for a proper purpose within the state act? The
answer to that question in my humble opinion is that did not, This happened
before you came here. The long periods of time and perhaps the last couple
of years of your administration, This practice has continued, The City's
position is that we could've taxed in a different manner but we didn't but we
could've done it at that time but we didn't. My answer to that question is
IIIII I��IIII I I�h!ii
52
MAY 131976
what you could've done then yoo didn't do and now you can't clear that tip by
going back and saying simply it co'.12d be done at that time, This is so be.,
cause by levying a millage under pension funds, but using then for general
city expenses you hire from the taxpayer and the public the true cost of doing
government in the City of Miami. I thick that one of the key things here is
that 1956 you began --or the City began, not you but the City began to use Four.
mill Pension Monies for Group Insurance and Social Security and at that tithe
as Mt. Andrews pointed out to the Trustaes you had a 12. ill cap, so what
happened was in order to have enough leeway hla-use you were already up to
your 12-mill cap and you not havO ;',.:1e,1 able to meet certain City deeds. The
City Fathers at that time said well we'll just put it over under pension funds
and from henceforth we'll carry it -Group Insurance and Sonia' Security. Well,
_. �e L� ,,.C..g an:1 that the pension fund suffered damages
it's our position that, -�•. � °•'^-� �-
as a result of it. The damages that right at this moment there's $145,000,000
accrued unfunded liability as of the end of October of last year. There's a
$19,000,000 loss from the realized portfolio loss from the bank trustee which
the actuary which has made his annual oeport as said that the City has under -
contributed, It is our position tha; ::12 failure to use this money over these
years has left pension fund of the system in a serious financial plight and we
not come to you today to attempt to get you to help us resolve this controver-
sy because a point of law cannot be solved simply by the City Attorney and the
City Manager saying"you're wrong" and we're right because this issue is not
going to go away. The reason is that .e trustees of both pension fund have
a fiduciary duty to the beneficiaries to pursue funds which rightfully belong
to them and if there's any question legal or otherwise that they should pursue
it to its alternate determination. .; t_ is point, the only determination that
can be made is for a court determina:'_o_. I, myself am not optimistic at all
that the City will have who;: I think is .: four -sight and the accu ---
to sit down and try to worn `"-;.s out. 2er-haps, the City feels that the legal
issue will be ruled in ics Zavo:. Maybe that will happen at any rate. The
issue has to be resolved. = would ,ust dike to point out to you being in
public office which I have some experience which you are experiencing now
reality the most important omens. What`.=, happening today. Can I call to your
attention the lawsuit cf the City cf No -nth Miami Beach vs. Lummus Sells & Co.
with third party defendants, 16 former ccunselmen in the City of North Miami
Beach. Apparently this lawsuit which I was asked to counsel in, one of the
counsel involved in the matter r sc'.issec:-with me has some relevance to what
I think you'll should consider here 'today. The City of North Miami Beach
sued Lummus Sells Money :anaoer for about a million dollars of mismanaged funds.
Lummus Sells brought a counter suit against all former Mayors and Counselmen
who sat on the Retirement Cc mi_:ees of the City. And, they said and this is
filed in U.S. District Court April 26.iY76 and it says that to the extent that
any investment in the funds portfolio and any other investment decision of
which the plaintiff, the City may complain for a violation of a pliable law
which Lummus Sells, the defender.L infantile denies. The Retirement Committee
and each of the third party defendants were participants in said violation of
law and each of them is liable to the Money-Managers-Lummus Sells for right of
contribution if there is a j.dgmant recived against them. What I'm saying is
that the people that I represent I don't ''ant them to get in a position of
being liable to any deferment for the cthar defendents wrong doing and the
only way that as their counsel to avoid that is to be very diligent about
questions such as, 19 million_ doiiars shortage ---- 19 million dollars in
funds that should've gone to the pension fund and if it had gone to the pension
fund it would not be in a die financial straits that it is in now. So, as I
said Mr. Mayor and Commissioners I'm not optimistic that we'll be able to get
anything done today, but I do want the record to show to the trustees of the
system that I have followed out their instructions to attempt to trade an
accommodation or a dialogue with the Cic:. I think that I have tried to
exhaust it. I've taken some pretty good comments personally for my decision,
but that's part of the game. I've even .r. Mayor been said to want to have
your positon and I don't ever. live in the City.
Mayor Ferre: You don't want to be liable, do you and be sued by so many
people and be personally liable and all that Mr. Gong, all for $5,000 a year?
Mr. Gong: Mr. Mayor, that's the ,e:_act answer I couldn't make a better one,
It's also been said that I want to das_roy the City of Miami and have it merged
into Metro and I've said is before here c:nd for my clients --that my feeling
about that philosophically and politically is that that would be a bad move,
In that the City of Miami is a -- by an entity I would like to see it perserved.
I'm not in any office but I'm ,faking a 1c: of those pretty good body flaws
but that's a part ----
MAY 131976
r.
Mayor Ferret Well, we certainly thank you for your concern and sympathy
and I do want to thank you on behalf of Metropolitan Dade County for your
words today,
Mt. Gong: Mr. Mayor, there's a lot of buggie aien its the world. I guess that
part of twentycentury. I'd like to close by pointing out to you if you didn't
know that in the March issue of header's Digest the City of Miami received
bouquets under an article published pension plans and national scandal. It
described disability rip-offs and it said in Miami retiring Firemen and Police
men who have worked 25-years received pensions of 62,52 of their final salaries
If they're injured on the job and can no longer perform their assigned task
they can claim total disability, which entitles them to earlier retirement and
in some cases more money. Sufficiently, it also frees them from having to pay
federal taxes on the first $5,200 dollars of their incomes. Recently, concern-
ed because tore and more uniform employees were receiving total disability
retirement. City official asked a private firm to investigate. Of 120 former
policemen who had claimed their pensions on the basis of back or heart trouble
the firm discovered 71 holding other or be it less strenuous jobs. In the same
article( I don't like to be an indian giver) I think that one that is really
relevant to our situation. It says, there is Chinese proverb that he who rise
a tiger cannot dismount. This was stated by former Illinois State Treasurer,
Charles W. Whitford, he says,"when you begin to underfun: your pension program
you climb on that tiger's back?
Mayor Ferre: Those old Chinese proverbs will hit you every time.
Mr. Gong: Well, you know it's all corrode Mayor, the styles and everything, Ar
you know how that is but I'm not saying that the pension fund-- that you have
done everything bad. I'm Ray'.ng this is a very serious question. And, I would
like to see personally some settlement of it short of litigation that's imposs-
ible then I'll report back to the trustees, they have accepted my legal opinion
by an 8-0 vote but they've instructed me not to bring suit until I report back
to them after this meeting.
Mayor Ferre: Mr. Gong, just for the record and out curiosity what type of
settlement would you be thinking about?
Mr. Gong: Well, I would think that there should be some major reforms. The
first thing would be a major philosophical change in the City. That would be
that the monies in these pension funds are not City monies, they're trust funds.
They're monies that are deferred compensation to the employees and if they
meet certain conditions set-up by the Board of trustees that they will get
their pensions for the rest of their lives or if there's any death benefits,
the widows and children would get them. I think that's the major concept. I
think if the City would adopt that concept and feel that these are trust funds
and not City funds to be used for City purposes I think everything else would
flow for the future in their proper manner.
Mayor Ferre: Is that what you're talking about in a settlement?
Mr. Gong: No, I'm taking it in steps.
Mayor Ferre: Oh, that's the first step. Ok.
Mr. Gong: Yea, that's the first step. The second step, I'm talking like from
day one in the future. I would ask that every dollar used that is taxed for
this purpose go into trust funds for the trust or for the system and the plan
will speak for itself, but it's counsel is here. Incidentally, my legal
has not been (let me put it in a positive) the attorney for the plan has written
an opinion saying that the trustees of the plan have an obligation under the
fiduciary duty to pursue the legal question. The attorney for the Firefighters
International also goes along with the legal opinion in it's main thrust and
has asked that he be given an opportunity to be involved in negotiations. He
was invited to the meeting we had last week but did not come. I think that
the second thing would be administration separated from the City so that the
Board of Trustees could have their own separate office here in the City where
people can come and talk about their pensions and privacy. Right now Mr, Mayor,
I don't know if you went to talk about your pension everybody in town would
know that you were thinking about retiring . What we're concerned is there
is no privacy. The pension department is a part of the finance department and
this is wrong. We think it should be separate. We think that there should be
possibly an accounting- there should be an accounting for every dollar spent
for administration. So each of these funds should have their own plan administ-
rator who is loyal to the board of Trustees and not to the City Finance Director.
MAY 13197
A
I think the third step would ':a a mathematical calculation of hard dollars
which should have been put in over this period of tiie primatily from 1956
oti the City can show what proportion of these monies was actually used for
the benefit of the pension funds. Then that should be credited to the City.
I'm speaking only Mr. Mayor and Co;nnissioners for the system at this the
so if we take 19 million it would 57% of that, but if we're using a 100%
figure t would think that a payment if we could other payment to our satisfact�
ion that this could be paid off over a period of -- this happened before .
There's a history for this. It was paid off in a 10 year period with an
interest factor just like a note in a mortgage payment amortized over a 10-
year period. The City Manager, I think position is to increase the unfunded
liability for 45-years, as long as possible. I am very strongly, personally
against that and I believe that the Board of Trustees of the system are. Al-
though I can't speak for them at thin time but I personally would be against
that. The present ordinance requires 20-year funding. You're not on a 35-
year funding for one year, but I think that there has to be some showing of
good faith on the part of the City and I don't think that has been indicated
at all at this time.
Mayor Ferre: Is there anything else yoa want to add Mr. Gong?
Mr. Gong: No Mr. Mayor. T. think I've said enough.
Mayor Ferre: You know, I'm not going tc get into a long answer because I'm
going to pass the microphone over to the Manager and the City Attorney, but I
just want to comment in general term. There's been a series of articles as
you may have seen in the Wall Street Journal and the New York Times about the
pension problems of cities throughout to United States. And, what in effect
part of the ongoing prob)arn (77 mur ciaa, government, urban areas, were on the
one hand we don't have the funding capacity to maintain type of services that
we want to give. The City of Miami rigs now as you know, out of the 100
million dollars that we spent_ mere or less. The ad valorem taxpayers pay less
than 40% of that and the rest of it canes from different sources. Metro's
not much different and as you go througz:out the United States in varying degrees
it's the same pattern, so we're locked into the sources of revenues that we get.
0n the other hand expenses have gone up, As you know, 90% of our general
budget is spent in salaries a.nd other benefits that we pay to our 3,500 employees.
The City of Miami has no;: gene up as dramatically as for example Metro who now
has I understand it 22,000 employees, but the growth of your bureaucracy in the
United States in local government is about five time greater than the federal
government. Now, in addition to .:hat and I'm not in any way taken any position
because my record is clear and fully backing the needs and requirements of our
employees or appropriate wagcs and salaries and I personally one who have al-
ways said that we don't have enough money and don't pay our police and fire
departments the amount of monies that they deserve in relationship to the tasks
of the dangers of that task in proportion to other available jobs in the United
States. And I see that across the nation. Just last week there was a settle-
ment of a 30-day strike with the employees of San Francisco. Certainly San
Francisco cannot be classified as a stuff stringent city. The sanitation depart-
ment worker for example, ir. the City of San Francisco makes $19,000. I'm not
against that I'm not saying that a sanitation worker shouldn't get $19,000. I
am saying that a community like San Francisco said that's it(strike) and it
wasn't the politicans, it was the people of San Francisco who revolted and it
was 38 days strike and it would have go::e on I think when the unions and the
employees recognize that the people of San Francisco were willing to go on as
they to for six months or a yea: in that s:rike. That's why that strike was
settled and unfortunately the losers of that as you well know were the employ-
ees. Now, I don't know, I'm not a lawayer and I'm not as smart as you are and
I'm not being flip about it. I happen tc think that you are one of the most
brillant people of this community has had the good fortunate of having and I
really wish that your public service would've continued and I hope someday you
get back into public service and take ycur proper position. And, you served with
great knowledge and dignity of the people of Florida for many years. But you
know we are faced with a difficult task head of us and I'm not in any way
personally critical of anybody and I don't want it to be taken personally in
anyway, but of course, we have been criticized, let's say in editorials and
otherwise about what is considered to be rather liberal pension and retirement
system and plan that we have here in the City of Miami as compared to the
private sector. You knowe I remember one time when I visited the country which
was then the Republic of Lluouay in South America. Uruguay was the Switzerland
of the Americas. It was the most democratic system in the Western Hempishere
including the United States, They wre so advanced . Their social system was
NAY 13 976
sophisticated and so advanced that it was the model, literally attd people would
go to Switzerland or they'vd go to Uruguayte see how things were done: And, it
got to point where it became a complete Welfare state atd people who were able
bodied because the government allowed it, began to retire not at 65 or 60, hot
at 55, but at 50 and theft thev hegan to retire at 45, and of Course, the Civii
force, the bureaucracy ofUruguay:kept on growing and growing and growing until
it became one of the largest in the westertl world, And there came a time when
something happened to Uruguay, it went bankrupt► It just simply went bankrupt
and now of course, they're under a military dictatorship and all those great
benefits that had accrued for 40 years is the most civilized country in the
western hempishere, they longer are the Switzerland of the American. Now, the
City of Miami at budget time could reduce pension. Wouldn't- it be as a spirit-
uous victory for you to win, a victory that would break the City of Miami.
#1 or #2 that would force the City of Miami into a posture of saying well if
we have to now go and do all•these things then we're going to roll back and
cut our pension program in half. I mean -= legally, I think we can do that,
can't we? What kind of a victory would that be? I'm just posing philosophical
questions, I really do think that we must sit down in good faith and I've asked
the Manager on several occasions to sit down with the various representatives
and try to come to some type of amiable,reasonable solution and at this point
now I pass the floor over to the City Manager and he can bring up -to -date ----
Mr. Gong: Mr. Mayor, before you do that my I have just the privilege of just
saying-- replying to your--- I think you said if you could cut the pensions
in half. You could cut future pension anyway you want it, but you couldn't
cut any pensions that now exists. Is that the ---
Mr. Andrews: He meant future.
Mr. Gong: Well, both -- one nodded affirmative and one nodded in the negative
and I got confused. I just wanted to get that understanding. Is that the correct
interpretation, I think.
Mr. Andrews: My interpretation, I'm not a lawyer. My interpretation of what
the Mayor has just stated is that any future benefits could be cut in half or
at any point such an emolument --- to the future new employee and that would be
a condition of employment.
Mr. Gong: For the future employees---.
Mayor Ferre: Well, of course, if the City of Miami doesn't exist at that point
then you'vd have to discuss this with whatever governmental body was the inherit-
or of this ---
Mr. Gong: Mr. Mayor, may I say that remedy of a court action is left up to thf
judgment of the court. I don't think any court would want to willingly put the
City of Miami out of business. It was an example of this exact problem an
unfunding of approximately 10 million dollars by a city in Oregon. The court
there requiredthe city to impose a one time millage tax to the taxpayers. They
felt that the City had gotten over the years faithful service from it's employees
and it was a fair resolution of that.
Mayor Ferre: Senator, all I am saying is I am just proposing the philosophical
consideration that the remedy might be more drastic than the disease. Ok,
Mr. Andrews.
Mr. Andrews: Mr. Mayor and members of the Commission. I recognize that for
those who have not been involved in the process of the city's pension programs
that there are so many aspects to the total pension program trusteeship involved
in the handling of monies. This is a complex process and for those who have
not played a roll in following that rather closely there is a tendency to be-
come extremely concerned if not, actually frightened that something serious
will occur to our pension programs in the city. We are not like New York City
and where they have a special problem. There are perhaps, three major elements
of a pension program and that is the funds that flow to provide for the actual
pension requirements of those people who are out on pension a provision in
trust for those people who are still in service and look forward to a pension
and that area which accumulates and is identified as an unfunded accrued
liability due to the manner in which emoluments are granted and are made retro-
active to the employee's point of beginning. Time with a governmental agency
and a great deal of stress has been placed on the growth and size of unfunded
liability, unfunded liability once it's stabliged at any one point and examined
is much akind to a mortgage and if you decide that you're going to make payments
6 6 MAY 131976
for 10 years of 15 years or 20 years or 40 years which seem to be a staidard
that it's being adopted that becomes a funding cycle to overcome that part=
iculat aebt which is incurred as a result of granting those liabilities,
Recently, there was an article in the Herald in fact this past week it which
60 cities of the United States, population of 2,000 or more were examined by
the University of Michigan in a study to determine certain aspects of the
way pension programa Caere carried out in public light and the kind of informat-
ion that was available, the kind of actuarial studies that wete performed, The
knowledge, public knowledge as to exactly the amounts of unfunded liability and
of those 60 cities ranging 200,000 population and more, 56 were closely examined
and 48 were actually reported, 0f those 48 a great number of those were all
negative reports according to the conversation that we have with-, she people who
are conducting the study because we're interested enough in calling them and
trying to find out why the City of Miami was not even identified in the article
at all and they said well the City of Miami was one of the super better cities
in the way it manages activities and there was no negativeness to report. That's
another bench mark in addition to the other articles that have been written
nationally applauding the city for the way it has conducted its business.
Senator Gong has indicated that I have been unwilling to compromise positions
so that we might come to some conclusion about the claimed 171 million dollars.
In my judgment there is no area to compromise and I want to take the opportunity
to explain to the Commission why I have that strong conviction. I see us as a
result of this process heading down the course of action that is going to create
quite a few problems for the city because as a result of this process some new
procedures will be adopted in which there is management judgment now that may
no longer come into play and create some problems that we really don't want to
face up to that we don't need to face up to. And more important than anyone
else at the crux of this problem as I see it that we're really not considering
is taxpayers of the City of Miami. You know, that kind of set in the background
and they escape all of what's happening here and we're treating this as a in-
house problem and my contention is that the process is used by the City follow-
ing the charter for open and completely stated. There was a public process that
was followed. The taxpayers played a role in that process. They were available
to have their input and to be heard and as a result of that process I believe
administratively we're on extremely firm ground and I want to get to eventually
what I believe is the real exact point of our problem in this matter and I think
I've pretty well crystalized on that area so that I can explain it intelligently
from my point of view. First I want to point out that the charter is rather
explicity as to the public process of appropriating funds for a fiscal year
and the period which we're talking about covers 1952 through 1970. The charter
provides that the City Manager submit a budget estimate which is a public
document put on public display even to the extent that we place it in all of
the public libraries in the City of Miami so that it might be available to the
public including the City Clerk's Office. The City Commission then holds public
hearings in reference to that document, makes whatever adjustments it chooses
to make of it's own or from input of the public. An appropriation
ordinance is adopted which specifically designates the appropriation of funds
for expenditures in a particular way. As a result of that action details of
these expenditures are identified in finance. Expenditures are made and re-
corded and there is no opportunity for anyone within the city government other
than the commission through public action, through public adoption of new
ordinances to transfer funds from one account to another. The City Manager
can't do that. Pension can't do that. No one can do it except the City
Commission. After and during the time that these expenditures are made.
Particularly after we have an internal audit function within the city that
audits these expenditures to make sure that they're in keeping with the
appropriation. Further than that we employ external auditors who review all
of these expenditures to make sure that they're in proper order in relation
to that which was intended and legally adopted through an appropriation process.
The Finance Department produces for the City a public document which is our
financial statement at the end of each year which further identifies it with
the public and is made apart of our public records as to the expenditures of
these funds and they begin with what was appropriated, how much was spent and
what balances remain. They would show any transfers that might have taken
place by other ordinances adopted by the city commission. Now, what has
happened over the period of years from 1952 through 1970 is that in addition
to the specific requirements any one year based on actuarial studies or a
Specific need in terms of dollars to fill the pension requirements. In addition
to that, group insurance, social security, and at the latter period of time
1970 worksmen compensation was added to the expenditure from this source of
funds.. Now, each one of those areas was identified as to specific expenditure,
No more money was appropriated than needed. Now, that's one of the major areas
MAY 131976
that you must appreciate in ;.iok:ing at the matter that Mr. Gong has brought to
you through a pulic process, Through actuarial studies no note money was
appropriated than needed for that particular function for that year, There is
no access funds. Now, ve talk about the four -mills. I'M not going to take the
time at this eommission meeting to ik seeibe my views as to the limitations on the
four -twills. But, 1 want to indicate and I can make available to the City Clerk
a document I have developed here which can serve as an exhibit that covets years
that we selected at random or some 4udgnent so it would show a pension group
insurance, social secericy and then in the latter years the wotksinen compensation
and the years covered are 1952, 1953, 1956, 1957, 1959, 1960, 1963, 1964, 1969,
and 1970 are the years of the areas that Senator Gong is concerned with, We've
identified the amount of :sac_:ey that was appropriated and if -'ryone chooses that
-- the finance recores c.':e r_ve. agile, trace those expenditures to ascertain that
funds in excess of that we:ce not spent, if they were they were appropriated
through a public process by the •.ity Commission. My contention Mr. Mayor, and
members of the Commission is that ,:here was a public process. There was specifics
eluded to last year this peab .eat arose and Vice Mayor, Gordon at that time and
if I can rememf er her rafeir ; th question- Mr. Andrews, does it make any dif-
ference if we transfer thee?. funds that they're contenting should not belong in
the pension funds and s lece :he to the general fund so we don't have to have
this problem and my answer des absolutely yes. You could've made that same
decision in any one year frcn 1952 to the present time. The requirements of that
year would have been f'_iled as we did last year in this current. We took out
certain elements from the pension fund and put them in a general fund. We re-
duced the millage in :hat eension fund and increased the millage in the general
fund and there was a coeseece balance. The requirement which is the important
thing was filled. mere was no %ore money appropriate than was needed for the
specific funcc-on. Ane, 5 _enk het's important that you understand that.
There is a contention _at: 'M . Lloyd address himself to more fully,
but I want to inc_' _ate a rmi. aa :r ;ive1y from my point of view that there is a
claim that the funds col cceed for group insurance, social security, and work-
smen compensation in the amount cf 17> million dollars for those years legally
belong to the pension program. in my administrative judgment this is not so
at all. In l ght of :rho fr.:: th;.t this specific requirements for the pension
programs as seated by aacceeriery was announced for each one of these years and
those monies were aperopreated if more monies would have been needed they would
have been ap_o :lat-�a, -- .-- by some in.terpretation of the law that those
funds which were app ope _rued for group insurance and social security, worksmen
compensation ncee should eecorno and are legally required to be used in the pension
program erroneous. ;ir. eon.ndecated that there is a legal issue in reference
to favoring the city. 7n other words, that there should be a transfer of funds
somehow or an arrangement tr ;c'a whereby there would be a reclaim on the 17' million
dollars as I eaeerpre.:ee . and maybe I have the wrong interpretation ora ne
stated, but i sea ao suee c<uitr. Mr. Gong also indicated that I was advocating
and this is a_: asssn.ot:o n 1 ba'ieva)or his part of 45 year funding. I've made
no announcement I don't hava the accuarial figures before me to indicate what the
City Manager will submit en the City :Manager's estimate after -- for this coming
year. After he has documon ed teat the requirements will be offered by both the
system and the plea. Those will be announced but I want to assure you that as
soon as those announceeea_s a.~e :wade the City Manager is going to supply a separ-
ate budget estimate based ee informatiaa that will be furnished as to his judg-
ment as to what the euneine for the pension system and plan should be. Mr. Mayor
and members of the Commisson I'll be 21 d to answer any questions before Mr.
Lloyd discusses this cut t6 me 'c:::!-s is very clear and I believe the crux of this
problem is that moment ir.:i:re when the Commission at any one of these years
made a decision to appropriate fncs for specific purposes. Those funds were
appropriated for that or a, t_ili zed that way and checks and balances which
in the Finance oepartaeet sr_ availabla to verify this. There should be no claim
for any additional monies.
Mayor Ferre: All right, are there any other comments. Mr. Lloyd would you like
to ---
Mr. Lloyd; Very briefly. First, we are respectfully in disagreement with the
contention with Mr. Gong wite re'.ard tr what the special act says. His content-
ion, I believe was that the City ::lust use certain monies for pension purposes
and the money was not used for eension purposes, Our contention is or our
suggesticn is that legally and loth contentions are legally and factually
erroneous and here's what I bash: tthc contention or.. There are two sections to
be considered. First, the charter section 89 regarding pension funds in
section (a) , which is the same as Appendix 1:I to the charter- Laws of Florida
1947, Chapter 24696, which is the Special Act about Pension Funds, Now, then
the whole thing rests upon the lest Peer lines of that section and if all the
Commissioners will look er ehat sect c.n. Section 1,, which is Laws of Florida
1947, Mr, Mayor, ie. you would look at Laws of Florida 1947 on City gmp1oyce's
4
-8
MAY 131976
petisiotts Which I'Ve just passed your t think you wiii be able to see the ans ter
whied raises our contention in the cast fourlines. The contention of counsel
for the board of trustees is that the statute says the City moist use tottey for
hail number of dollar or pension purposes, Well, the last four litres say that
the City and shall have the tight to raise by taxationt such mount as maybe
necessary for such purpose mat to exceed to four mitts on the doilat of the
assessed value of all property in said city, both teat and personal. Nov, what
that means the way we interpret it is that the City has the right, just exactly
what it says, To raise by taxation an mount necessary for pension purposes,
but it may not exceed four Mills. There is nothing in there that says that it
has to be four mills number one. Secondly, Mr. Gong appears to believe that
certain monies were appropriated for pension purposes and v:ece not used for
pension purposes. Well, we go to the manner in which the budget ordinance as
Mt. Andrews has explained is handled. First, the budget ordinance is passed
and then if a certain sum is appropriated for a certain fund if there is a
change in that appropriation an amendment to the budget ordinance is passed by
this commission and at the end of the year what the budget ordinance appears to
be would be the amount which was appropriated for the pension fund and whatever
that amount is- is satisfactory as long as it does not exceed four -mills
factually we submit that Mr. Gong is wrong in his factually assumption and
wrong in his legal assumption. I call your attention to the fact that it just
requires ---that this act requires the Commission to set-- shall establish a
fund or funds for the relief of persons. And, they make such contributions or
public monies thereto on such terms and conditions as it may see fit and you
do that in your distression at various periods from time to time if you amend
the pension ordinance. Now, then there has been some discussion as to what
type of a fund - whose money this is. That is quite clear and this is the
Supreme Court of Florida speaking in the case of Billings verses the City of
Orlando and in that case *he .ourt held referring to an earlier cas and it
states and I'm quoting from the case. It has been held by numerous courts under
various jurisdictions that mandatory aalary deductions for a public employee
pension do not give rise to private property rights in the fund monies until
such time as the employee becomes eligible for the pension. So therefore, what
this is- this is a continguent right of employees which becomes a final right
when they become eligible for the pension. Now, then, briefly regarding Mr.
Gong philosophical suggestion. I think they should be looked into with this
exception and which was the reason why that I called attention to this case
regarding administration of the fund. The manner of administration, the fund,
could be changed and could be looked into for that purpose as long the admin-
istration of fund could be changed and could be looked into for that purpose
as long as the administration of the fund remain with the city. But the fund
must be administered by the city because it is a public fund and no other agency
besides city agencies may administer public monies because that would be an
unlawful degelation of authority. Otherwise some of the philosophy suggestion
bear merit and would bear looking into but we submit that there is no legal
premise upon which it can be said that City of Miami owes any money to the
pension fund because the law as been followed.
Mrs. Gordon: Senator Gong, did you get a copy of this that was just handed
out to us?
Mr. Gong: Yes ma'am I did.
Mrs. Gordon: Ok. Will you follow along with me on page 178 on that. I want
to ask you a question because of the fact that in your request for adjustments
you stated that there are group insurance payments that should not have been
made. Would you explain to me please sir why you think that under section 89,
entitled Pension funds, that one of the two items under that pension fund is
Insurance?
Mr. Gong: Mrs. Gordon, you have to read (b) as it was written in the statute,
you're reading it put into the charter. The actual statatue which I have here
before me is the state that was passed in 1937 was the first part , actually
what you have there is 1927, it was superseded ( I'm sorry) by a 37 act which
I have here in my hand, Now, the 37 Acr has a section 1 and section 2. Ok,
section 2 is repeated in (b) by the person who made up your charter. In other
words, section (b) is section (2) of the act but it is amended by what I'm
folding in my hand here,
Mrs. Gordon: Can we get a copy of that please, Mr. Lloyd?
Mr, Lloyd: You have copies of both. And you have Appendix II of City Employ-
ee's Pensions,
MAY 1 76
•
Mt Gong: Well, Appendix II is not a part of what we re talking about.
Appestdik II is not complete.
Mrs, Gordon: May I just see what you're holding in your hands please?
Mr. Gongs Mrs. Gordon, the 1937 Act which he's copying is amended by the
1947 Act and it only changes the millage from 2 to 4. Ok, so we'll read
the 1937 Act as the key one.
Mrs, Gordon: Ok, while we're waiting on that I'd like to pursue a couple of
other thoughts that have been in mind and which I feel I have to some clarifi-
Cation in my thinking. Ok, and that is the up to four mills do?sn't mandate
four mills.
Mr. Gong: That's correct.
Mrs. Gordon: And if in face as you say that whatever was collected should
have been for contributions to the pension fund.
Mr. Gong: If it's collected under 219.03 which is your special millage for
pension funds that ----
Mrs. Gordon: Ok. In that case if that amount that was collected exceeded the
amount that was needed by the year's requirement for contribution which was
left-- the amount that was actually needed for contribution was less than the
amount that was collected according to what you said.
Mr. Gong: Irreveiant my point :Ls very simple. When you tax you must use it
for it. You must use ever:, ee;i_.y you tax for pension purposes.
Mrs. Gordon: I realize what you're saying, but that's not the point I'm try-
ing to make. The point I'm tying to make is that if in fact there was more
collected than was needed that ,n fact that should be going back to the tax-
payer and not necessarily to the pension.
Mr. Gong: Well, I don't get to that problem because my initial premise is
quite simple. You have a four mill act, it says that you can tax up to four
mills for pension purposes only. Pension purposes do not include worksmen
compensation, group insurance, or social security. I don't think anyone dis-
agrees on that fact. What's I'm saying is the law says when you tax you're
given the power to tax very strictly consrued and when you tax for that pur-
poses even if you over tax it doesn't make any difference. The key is that.
Mrs. Gordon: Then, explain this to me. If in that millage it was spelled
out in the budget that part of that was going for insurance and part was going
for worksmen compensation---- was spelled out, wasn't just kept a deep dark
secret. I mean it was listed in the budget. hh
Mr. Gong: Well, that's Mr. r.ndrews position.wYou publicized you. legitimize.
Mrs. Gordon: No, but it was
lawyer and I'm not a .tanager,
facts to make a decision, ok.
budget, which it was, right?
I right on that?
1:sted, I mean I'm asking you because I'm not a
I'm simply a Commissioner trying to dig through
All right, so if it was in fact itemized in the
it was becuase it was published that way. Am
Mr. Gong; Well yes. The budge estimate 1 believe, with the City.
Mrs. Gordon: It was, but it was spelled out in black and white on paper that
so much was going to go for this and so much was going to go for that and so
forth. How can we then say that those items which were spelled out should be
taken away and given for some other purpose, how can we do that? Or how can
anybody in our positon do thst?
Mr, Gong,: You as City Commissioners are held to the ordinances which govern
you as well as state law. As 1 under the law. The law says, going back --
I need to go back to this four 'mill act,but that's the bible of this whole
case, It says, when you tax, you can tax you may permissible, you may tax
up to four mills for pension purposes. And, when you tax you tax by ordinance,
right, not be a budget. You tax by ordinance that says "x" number of dollars
and the collage for pension purposes, right?
Ws. Gordon: Yea.
6G
MAY I31976
Mr. Gong: I mean, I can show you. I have every ordinance since 1940
you put the exact amount. Now, what you have done in the past until laat
year. You put millage for pension purposes, ok. You have three trills, you
produce say 10 million dollars, but in that 10 million dollars you use only
8 for pension purposes. You use 2 million for worksmen compensation, group
insurance(ok) and social security, which is not for pension purposes. Ok,
you're saying well, we could have put that over in general fund.
Mrs. Gordon: No, I'm not saying that at all. I'm not saying why we could 've,
I'm just saying what we told the people of the City of Miami.
Mr. Gong: You told the people in your ordinance, excuse me I'm sorry to get
it's been a long--- I know it's been a long day for you and I had a long day
yesterday -- I'm appreciative of what you have to do in your position but ---
let me start over again to ansu;er your question. Your ordinance says the fol-
lowing millage shall be passed this coming fiscal year on a tax roll of "x"
number of dollars. A general fund ta:: levy will be x-number of mills. And,
then you have a category called Spec ai Millage Tax, you have publicity,
tourism and then you have the key item w%ich is Pension. And, when you passed
that ordinance two years it said,"Pensi.or.". It didn't say "Pension, Social
Security and Group Insurance, and Worksman Compensation. It said, "Pension",
ok, and you had a figure of 10 million dollars for so many mills which produced
10 million dollars, but you didn't use that money. Ok, you're saying the budget
estimate explains it right and everybody knew where it was going. I'm saying
look when you say you're going to tax by an ordinance under state law for that
purpose you can't have it both ways. You got it when you tax pension purposes
for three mills equals 10 million dollars, you've got to use every penny for
pension purposes. You can't use it for worksmen compensation or other things
and the evils that can very apparent because you can hide if someone
reads your millage ordinance every year they would think that you'vd be spend-
ing 10 million dollars on pensions totally and you'd only be spending 8. So,
what can be done by a city administrator., they could say well to an employee
at negotiation, we can't you a rase in your benefits, we're paying 10
million dollars for pension nurpcses.lock the ordinance we're using three mills.
The average person doesn't quite understand that, this is a pretty complicated
business. So, the only way you can keep this straight is for you to follow
the law and previous commissions have not followed the law.
Mrs. Gordon: Ok, you're the lawyer, tellme what you interpreted the words,
"for the relief or pension of persons", what is the relief or"?
Mr. Gong: Ok, that's an easy question because this act was written in its very
beginning. It was not social security. So it could not have accomplished that
and we all know that the words are read together, pension and relief by
construction. We have a phrase in law called which means that when
you have a disjunctive you read them both together to be similar not the same.
Because the word, "Pension" is the key word here that's the family. Besides
group insurance is not relief, not the relief we're talking about.
Mayor Ferre: All right, are there any ocher things to be questioned here?
Mr. Gong: I'd like to go over that statute that he's had copied.
Mayor Ferre: They're making copies of the statutes?
Mr. Andrews: Yes right now.
Mr. Gong: Actually, to proceed I think with the question raised by Mrs. Gordon
on insurance, she's saying that (b) gives you the authority to use the tax
monies to pay the insurance and if you Lock at this act ( I think) Mr. Mayor,
if we went over this-- the last time I was here before the full commission that
section of that particular act is probably unconstitutional. Number two, even
if it is constitutional section (1) eoes not incorporate the authority to tax
for insurance purposes, so I don't think that's never been a position of your
legal counsel if there's any problem t"!_ce or so...,
Mayor Ferre: Senator, I'll tell you the problem that I have is this on the
one side I have the City Manager telling me that in his opinion and he gave
a logical interpretation about the budg,;:t process is and what we go through
and I've gone through it seven times and 5chhat's how I remember it. You on
the other hand give a very eradicate and concise and abled presentation in
the representation of your clients you do so well, My job here is not the
MAY 131976
job of a judge. I'm not a judge. I'm elected to represent the citizens of
Miami, not the employees, not the pension plan, not the cotnnlission, not even
the city. I'm elected to represent the people. Now, youtre asking number one
that we turn over a rather large pension plan over, Number two that we change
out philosophy and number three that we make up 19 million dollars over the
next 10 years with interest and I got a legal interpretation from our City
Attorney, who says that legally we are on safe grounds, I get a statement
from Manager that administerly we are on safe grounds and t trust take a posture
that (I think) we're willing to sit down and discuss this thing, but philosoph-
ically as I stated and I don't repeat this whole pension situation is perhaps
the most serious problem facing. not only this city, but every other city around
the nation. That and the lack of sufficient funds to render the kind of service
that the people of this community expect, demand, and deserve. And, I, unless
t hear something that':, a little bit more infatted then the possibility or even
more dramatic of my being sued personally and being liable personally for the
19 million dollars. I don't see very much that -- that argument didn't have
too much persuasion on me. I have some other lawsuits that are ahead of you.
I don't frankly see tha,. I'm going to be changing my position and I don't know
how the rest of this commission feels, but I'm perfectly willing to listen a
little bit longer, not much and then I'll ask . for a motion on the part of any
member of this commission and sea what the will of this comnission is.
Mr. Plummer: Mr. Mayors you made a statement. Just for my edification,that
you feel that more discussion should go into this. What do you feel the fruits
of that discussion could he?
Mayor Ferre: Well, Mr. Plummer, maybe it's my personal make-up, but I never
like to slam doors, 11..:::> nlose them, but I think there's always a possibility
of closing the door and -rs leaving a little opening that in my continuous
discussions. I don't know. We sot a budget coming before us. I'm sure that
Senator Gong is aware as are the various unions that our attitude is going to be
based on a lot of considerations and I think perhaps they might want to consider
that too. And, T think that ;:right be a good time for us to talk about some of
these, a variety of subjects which ist?::eir interest and our interest. So, I'm
not recommending that we slam the door. I'm recommending that we close the
door for the time being. Cf cov.•se, Nr. Gong has told us that he is going to
proceed if he so instructed to test this and he told us that he was pesismistic
I think his pesismistic is well founded and I think he's a realistic. I think
if Senator Gong were Mayor Gong ( I have no objections to that).
Mr. Gong: I don't have r.e votes Mr. Mayor.
Mayor Ferre: We1.1, you never nu. As you well know, as you well remember. I
think you would have re take the posture that I think that we who represent the
people of Miami have got Lc take. I think the pension system in the City of
Miami is a very generous System. I think it's a good system. I think it's
been an effective system. I think It's been a responsive system. And, we don't
need the University of :ichigr.n to go around looking at 64 cities to tell us
that we're one of the best. We know we're one of the best. You're doing your
job. You do it well. Everything you do you do well. I congratulate you. I've
got six children and you ` v:_ _o t seven.
Mr. Gong: I've got five.
Mayor Ferre: Oh, fiv:: I'm sorry.
Mr. Gong: You won that oae :oo Mr. Mayor.
Mayor Ferre: What can I :ell you?
Mr. Gong: I keep losing that's what you're telling me.
Mayor Ferre: I like you. I respect you. You're a hell of a guy, you're great
attorney, you're a great public servant. you're doing a fine job, but we got to
do our part too and I dor.'t think chat we're going to achieve anything more by
looking at any more st:ata.as or laws or house bills no. 1544 or chapter 1982
Mr, Gong I was •;us` trying to :yelp your fellow Comnissl.oner Mr, Mayor, she
wanted a copy of it, I ---
Mayor' Ferre: You go right ahead. I'll recognize you for a little while longer,
but we got Mr. t:rown whose come sere on business. because when Mr. gown come$
.2,
MAY 131976
up now the shoes going to revetse. Now the shoes ate going to be on hit see
now the shoes on us. And, I'm trying to see if we can get this thing the Other
way around. So, go ahead.
Mr. Gong: Mt, Mayor, I appreciate all of your comments with tespect to my
ability. Obviously My ability is not having much influence today. However,
t think that the Cotttission to be fair can take no other position in view of
the fact that the administration ; legal attorney, and City Manager has advised
you says that our position is neither correct in fact or in law, That is the
most devastating opinion I've had ruled in a long time, Usually, I'm at least
correct on the facts, but I'm wrong on the law. I'm wrong on the facts and
correct on law. If I don't have either one I slain the tabl? real hard, as long
as I can without getting into comtempt of court. But, I think that Mr. Mayor
your philosophy or your great heritage, you and I being ethnics have a great
heritage we dip into in times. like this to help me to set the inevitable here.
And I think it is a necessary thing for our lawsuit to establish an exhaustion
of administration remedies and I want the - particularly the Chairman of our
Board of Trustees- Commissioner Plummer for being estremely fair to this quest-
ion when he had the chair and the gavel, he could have outruled and perhaps
made little of it, but he accepted legal counsel which was afforded to him.
And I've them that anything they disagree with me and my legal opinions they
merely have to tell me because our relationship is a very close professional
one and I certainly want to leave that position if he and his board desires
for me to do so. They have not desired me to do that, matter of fact on the
question we'll talking about said that they unanimously supported me in that
respect, which I appreciate. I have one suggestion to Mayor Ferre and I'm
quite serious in this. There's 19 million dollars out there for the City to
recover because in my opinion are to explore the possibility of recovering.
The fund took a realized ?_us_, both plan and the system of 19 million dollars
in 1973 by the former trustee of this pension fund. I'm not trying to create
that particular lawsuit. I have enough lawsuits to be involved in now. But,
I think that the City certainly has not. Now, as I understand it and I would
like to be corrected if I'm wrong that there is a 19 million dollar realized
loss and part of your unfunded liability which the City said it was going to
pay back over a 10 year period and they have not started according to Mr.
Ronoish and independent actuary, not our actuary but independent actuary has
come up and said that the City has not made proper contributions and it has
not and it should fund the 19 million. Counsel would suggest to the Mayor and
the Commission that might be a possible area seem to be very interested in this
and again it looks like this may fall on the shoulders of others. I want to
say to that the Billings vs. City of Orlando sided by Mr. Lloyd supports what
I said that these monies (true they're not private funds of the employees) but
by the same token they are not the funds of the City. They are trust funds ---
Mayor Ferre: Senator, Mr. Andrews made a comment which I thought he ought to
make into the record.
Mr. Andrews: I can't speak with authority as to what commitments were made
but if those commitments were made by the board. I never recall that those
commitments were made by this City Commission, who is the one who make the
appropriations of any funds. Now, the board has expressed many desires to
do things in the past, but unless it brought to this Commission for official
actions there is no incumbent as I see it on this Commission for actions
that the Board may have taken in relation to that kind of act. Secondly, I
would in this process like the Commission at least to consider and further
with the advice of the City Attorney that if there is some form of litigation
to flow from this process that such litigation begin with the litigent being
the Board, rather than this Commission part of that in some compromise process,
because I think my judgment tells me that there will be some litigation that
would flow from the taxpayers of the City of Miami. If there is any claim on
any funds that are available the taxpayers would want those returned. In light
we'd have to set up a special millage because this is within the four -mills to
capture those monies to return them to the taxpayer and this is in essence
-- taking it out of one pocket of the taxpayer and putting it back in the
other to resolve an issue. So, I would f.n my administrative judgment in util-
izing legal services of the City Attorney tells me that you should at this
point and time remain silent and access what the Boards are going to accomplish
as far as any legal actions is concerned.
Mrs. Gordon: One more question, may I get a clarification please? Senator,
could you please tell me this where charges were made for finance and law depart-
ment in which You think as being impr.opered used in your comments, is that
correct?
MAY 131976
Mr. Gong: I addressed myself primarily to the work of the group insurance
and =---
Mrs. Gordon: They're in this report so I'm asking you are you taking them?
Mt. Gong: Well, I think that there should be an accounting of what services
Were performed for that period if we get into that. I think evetything is
going to have to be established. I don't think the City can show it, because
in some of those areas under other is over a trillion dollars which there ate
no cancelled checks for and this has our auditors pretty Well upset. They
cannot find who received the money and what it was expended for, because there
are no cancelled checks or. ,Touchers for it. So, I think that we don't know,
maybe they were legitimately used.
Mrs. Gordon: I just want to address those two more in finance and ask you
whether or not it's•conceivable that it's services were rendered to the
pension trust that they have to be charged up to something. Therefore, those
two items wouldn't fit into your claim of ----
Mr. Gong: I think that you may or may not know for example , on the budget
you carry the receptionist in the pension office or in the finance director's
office because very little as I understand pension work is paid for out of the
pension allocation for administrative expense. Administrative expense for the
fund is about a half z million dollars a year. It hasn't been half a million
dollars in some years, that's too much money for a fund of this size. It's
not good government, it's good business and I think that in a lawsuit we would
be afforded an accounting of how the city reached this and what services they'vv
performed. And I think may have performed it. I don't really know the
answer to that. We fouak; one thing that there was a travel charge in pension
fund. We don't know what that was for. $3,000.00 of air travel, not that
could've been to a convention for trustees, but the bank was the trustee. And,
maybe the bank people took the trip, we don't know, there are quite a few
items in there.
Mrs. Gordon: But were'nt taking exception to the whole list of items under
finance department and law department?
Mr. Gong: No, I wasn't. I was addressing myself primarily to the large figures
the 8 million dollar figures of group insurance and social security. Mr. Mayor,
I'll close by saying I don't think this problem is going to go away. I don't
think that in view of the fact that the City Manager and the City Attorney says
that my factual statement is in error in the legal conclusion as an error, both
administratively and legally that you as a Commission should not leave your
Board of Trustees of the system in a never -never -land. I think you should come
right out and vote that you're not going to instruct your administration to
work out the possibility of a settlement and just leave it at that. Because
we will then be at issue (I think) for our court case.
Mayor Ferre: It seems to me that our action is self-evident.
Mr. Lloyd: You don't need to do anything of the kind . Your actions are
self-evident, you can do what you want to do. You don't have to accept opinions
from ----
Mayor Ferre: Well, I mean, I'm certainly going to follow your recommendations
as our City Attorney, but I have no objections to taking a motion if somebody
wants to make a motion, but I don't see that that's necessary.
Mr. Lloyd: That's up to you. It is not necessary.
Mr. Gong: Well, Mr. Chairman, I'm not on your Commission, but couldn't a
member make a motion for it. I mean, the City Attorney say that a Commissioner
can't make a motion.
Mayor Ferre: Well, as I said, Mr. Gong I don't think we ought to slam the door.
I think we ought to just close it. I think that's pretty well what we've done.
Mr. Gong; Well, now isn't it a bit cavalier Mayor to -- I mean, --
Mayor Ferre: Well, I've been accussed of being a bit cavalier before so that's
wr,Gong:ver Oh, but tell us no that we're wrong and let us go and do our thing
-- MAY 131976
1*
Mayor Ferre: I can't speak for the test of the CoMMissionet Senator* but I've
already told you I think you're Wrong and the Manager has told you you're wrong
and the City Attorney's told you you're wrong.
Mr. Gong: Well* could we have some expression from the other members of the
Commission? I bean, this is a very important problem* question I think it is.
Apparently* the City Attorney and the Manager doesn't think so. But I'm going
to tell I think that there's going to be some very serious problems raised and
I don't think they're going to be dismissed by saying that---�:
Mayor Ferre: Well, the serious problems are going to exist one way or the other.
The serious problems already exists* will exist in the city, even you were to
drop your lawsuit completely, aren't you aware of that?
Mr. Gong: Yes, I'm aware of that. But, Mr. Mayor, I just was pleading for your
help to help me and my
Mayor Ferre: All you're actually doing is adding another problem. But the
problem already exists. It's here in every city in the United States and it's
here in the City of Miami. Right here in River City.
Mr. Plummer: Mr. Mayor, let me make a few comments, because --- as you know I
serve of this particular board, but as a Commissioner my vote is totally indep-
endent of that of a board member or chairman. Mr. Gong I do not believe sir
that it is necessary for this Commission to take an action to give you an
outright answer because I do believe that, that answer still lies with the board.
You will report back to the board in turn if no action is taken by this Commission
and they have to accept that and then go from that point as to whether they wish
to pursue a suit or not. S;;, I don't see any big problem there. Let me tell
you I see a problem and that is this. I concur with some of Mr. Gong's thoughts
and I disagree with some of his thoughts as to the mechanics of every area that
is outlined. The thing that bothers me more than that is that area that this
question is going to go unanswered and that does bother me. Because we have a
few ghost and phantom that do exist around this city long before that everytime
Andrews --
Mayor Ferre: In a few senses ---
Mr. Plummer: Yes, I'm the ghost ridder. That everytime that tempers flare and
anger comes about the ghost pull out the closet and said you didn't do it back
then, but you owe this and do this do that. Mr. Lloyd, the question I have to
have answered by you is how much harm really would be done to actually get a
declaration by a court of law that who's right and who's wrong. As the Mayor
said, we're not a judge and a jury, we're not experts in the court. Well, all
I'm just saying is the fact that I hate to see a question go unanswered .
Mayor Ferre: Excuse me Mr. Plummer, the problem is really this if every group
as bona fided and as fine as this group is represented by this fine attorney
were to come before us to say you have wronged us and we agrieved and if this
Commission had to vote everytime somebody comes before us and says you've done
wrong,now we want a motion. We want a motion turning us down for what we want
as compensation for the grievance and the harm that you've caused us. We don't
vote everytime that somebody comes here. Now, look we're not making a challenge.
All, we're standing here as a Commission. Senator Gong has come before us and
he said this is my case and we've turned to our administration and to our city
attorney and as far as I'm concerned there is no case. Now, if Senator Gong
and the people that he represents wants to pursue the item because -- that's
his prerogative, that's his action, that's his move. Not ours. We're not going
to vote everytime somebody comes making an accusation, "no we didn't do anything
wrong", who makes the motion that we didn't do anything wrong", you know?
Mr. Plummer: All right, So, in other words, then what I'm understanding and
I'll get this on the record so that it's clear. That this Commission doesn't
accept Mr. Gong's position and that we don't feel that there is any action
necessary emphasis of this Commission, that really the sense of the ---
Mayor Ferre; Well, that's what I've said, now you say the same thing, is that
how you believe that?
Mr. Plummer; I thought I made my point very clear. I think there is an area
that I'm in gray on, ok,
Mayor Ferre; I think the point's been made clear here by the people who spoke -
MAY 131976
and certainly it is not for us to ask: We will react if there is actions against
us that's all.
Mr. Plummer: Ok.
Mayor Ferre: Ok. Thank you very much Senator fot yout presence here today and
my apologies to the people that are waiting on other items,
67i CONFIRMING
RESOLUTION
DENY ZONING CLASSIFICA'ION
FAIR ISLE FROM R-5 TO R-3
Mr. Lloyd: Mr. Mayor, I can explain that, actually your honor passed a motion
of intent the last time which routinely according to our coustom we have pre-
paid into a resolution. Also, in the meantime, your honor's instructed us to
get a covenant running with land from Mr. which Mr. Anderson has and
which we are ready to approve and with that in hand we have.the resolution
prepared at any time you wish to do it and we have it ready for the City Attorney
reports.
Mayor Ferre: Well, if it's an item -- so that these people can all leave that
we can take up quickly. Is that what you're recommending? All right, do you
have that in hand?
Mr.. Lloyd: Reads the resolution as later adopted into the record.
Mr. Plummer: Let me male _... record clear now. This is nothing more in legal
form which we've already passed.
Mr. Lloyd: Exactly.
Mr. Plummer: Nothing more?
Mr. Lloyd: Right. And you will notice if you will look at your resolution
which is attached you will see that. Gee --one time it didn't get on the
resolution, but normally it refers on the resolutions of the motion, but I can
tell you that it is in response to your passing a resolution on the motion which
you passed the last time.
Mr. Plummer: I moved it before. I'll move it again.
Mayor Ferre: Plummer moves. There's a second on the motion.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-490
A RESOLUTION DENYING THE CHANGE OF ZONING
CLASSIFICATION FROM R-5 (HIGH DENSITY MULTIPLE)
TO R-3 (LOW DENSITY MULTIPLE) FOR PROPERTY KNOWN
AS FAIR ISLE.
(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: Mr. Plummer, Mr. Reboso, and Mayor Ferre.
NOES: Mrs. Gordon
ABSENT: Father Gibson
NOTE: Mr. Lloyd, let the record reflect we do have the covenant as requested
by Commission.
Mr. Plummer; And you're satisfied that they're in order? On the record?
Mr. Lloyd: Yes sir. On the record we are satisfied that the covenant is
in order.
66.
MAY 1 3 1976
DIRECT CITY ATTORNEY
WI NOT TO PROCEED WITH
APPEAL
CITY of MIAMI VS, SOUTHEAST 1St NAT,BANK
CIVIL ACTION No. 74-13877
Mr. Lloyd`. Reads the resolution as later adopted into the record.
Mr. P1Unnaet! Do you stipulate for the record that this is eicactly the same
thing we passed in principle at the last hearing?
Mr. Lloyd: Yes sir.
Mr. Plummer: t moved it before . I'll move it again.
Mayor Ferre: Plummer moves. Reboso seconds. Further discussion. Ca11 the
roll.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO, 76-491
A RESOLUTION DIRECTING THE CITY ATTORNEY NOT TO
PROCEED WITH THE APPEAL IN THE CASE OF `iH? CITY
OF MIAMI, FLORIDA VS. SOUTHEAST FIRST NATIONAL
BANK OF MIAMI, CIVIL ACTION NO. 74-13877.
(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: Mr. Plummer, Mr. Reboso, and Mayor Ferre.
NOES: Mrs. Gordon.
ABSENT: Father Gibson.
69, SOUTHERN BELL TELEPHONE COMPANY - PROPOSED FRANCHISE
Mr. Andrews: Mr. Mayor, and members of the Commission, before I begin any
discussion in this manner I would like to introduce certain people. Mr. Brown
if you'll extend that privilege to me. This is Mr. Brown, who is Vice President
of Southern Bell. With him is Mr. Ed C. Gennet, who is Vice President and
Assistant to Mr. Brown and you know Mr. Gilstrap quite well and adjacent to
Mr. Brown on his right side is Walter Alford who is an attorney representing
Southern Bell. In addition to that, I want you to meet Mr. Bathin of the Beck
Firm whose local offices are in Orlando, they are a national consulting firm
with officers throughout the United States and five other offices and have
extensive background and great making appearing before commissions in both
state, federal, local, reference to utilities and utility matters. They were
employed by your City Manager as a result of a broad resolution that you passed
allowing him the opportunity and the city to have available to them an expert
in this field to advise us on certain technicalities involving a potential
franchise, future franchise between Southern Bell Telephone and the City of
Miami, hopefully for the next 30-years. I want to report to the Commission
that we had several negotiating sessions. The first of which was with Mr.
Gilstrap and thereafter personally with Mr. Brown, Mr, Gilstrap and their
attorney and I'm happy to say to that we were able to document our positions
through letters that passed between Southern Bell and the City of Miami so that
there is a record of positions taker. if that should become necessary to sub-
mit into evidence as far as the negotiating process is concerned. Our approach
to negotiation process was really cone h'ded last Monday night. I don't have
the date before. I guess chat was the lOth in which we came to final positions
and Mr. Brown will address himself to that at an appropriate time. I won't
speak in anyway for Southern Bell's position throughout this matter, I'll let
Mr. Brown do that. I will only attempt to address myself to the positions
taken by the City of Miami in reference to this negotiation process and where
we had hoped to reach agreement in terms of a franchise for the next 30-years.
I would now like to give the City Commission an explanation of the existing
franchise and I will try not to give you an abundance of details but stick to
the essence the current franchise and the essence of what we had hoped to
6% MAY 131976
accomplish in the new flan -,?Lill'. if we start wondering into all the details and
ramifications of wh:t can be included in the franchise and what should be excluded
we'd need throe or four days of the Commission's time. I have an agteeinent with
Mta Brown and Mr. Gilstrap 'rt sortie administrative inattets that should we come to
an understanding the more jaoortant areas that produce more specifically the
dollars for the city through a formula that there ate certain administrative
matters in relation to how they produce underground records and how the city
receives them. How and when and if iitht fixtures that we're interested in
installing might be installed on tele?hone pole. Equipment if that's possible
and how that would be achieved. Administrative matters of this nature; I hope
the Commission will leave that to the City Manager and to Southern Bell to work
out and in essence we have come to a,. ;:nderstanding in those areas. If we can
come to understanding in thc ;r note im^octant areas. I want to acknowledge the
fact that Mr. John Passe:, the Acting director of the Department of Finance or
particularly Betty Harris, who an Assistant Director of the Department of
Finacce, Mr. Van Val'ken'burg, our Internal. Auditor. Individuals of my own staff
in the City Manager's Office, also, M:. Clarke Merrill all played a very import-
ant role in making contribution.: to understand the city's position and to gather
details and information and warto particularly thank Mr. Bathin for his part-
icipation, not only as a eoasultant with a genuine interest, he showed the City
of Miami the way he conducted his affairs in gathering information. They were
always responsive and that ::aspcns:veaess, I think, was ;.n:iicated at one po?nt
when Mrs. Gordon was in tnv office and ; e needed some information, they went about
it and they were able to sec:re some of that information that very same afternoon
and I have that to reaort oa you should you care to have that information at a
later point in c}cr d : u s:i;, _. Jeri n;: you, you see a chart which explains in
very succinct terms the conditThns of the existing franchise agreement and the"
only reason for autt .no :. he scale of f..7 on there is that this chart will be
repeated over and: or o through this process. And 6% is an upper
ceiling of what might be no .!ci Lr. the i:,-anchise revenue. The current franchise
based on the 1c75 f.igurc s a total income of 1% against a gross revenue
base of 49 ri.i'ion do.iia,:,i which is the local service call revenue in the
City of Miami. That T' t__r,c.s t:h -.t :7igure produces $490,000.00 per year, added
to that is a credit of ti 1,:, 00, 00 ;;r:. a -;ing the total up to $533,000. 00. The
$43,000.00 credit come..; -nc:t as a result of negotiations and understanding which
took place be W=_.gin Lf6 ic.. 9c2, when equipment (excuse me) I'm going to be
doing this ot;.cn , se for iv._ , �, ' i:. correct myself. Southern Bell and the
City came to aa untie •s t .:.ui nf, as to how certain equipment would be exchanged out
and the credits receiver'_ is;r that. So, that's a service credit of $43,000.00
that we received. So., the fr..ach.i.se cones to a conclusion on August 12,1976
and it's hoaed that we c.,:;t come to some understanding so an election can be
held on June 29th, a; wh-_ch tima tiler? would hoped it would be passed by the
electorate and we would hegt.n the process of a new franchise for the next 30-
years, but we are no: lir.:itec to a 30-year franchise, if though some understandi#
and arrangement that might flow .from the meeting that we're having here that
a franchise less than that was acceptawie that is within the legal prerogative
of the Commission to do so. I_ want to point out at this point and time these
are considerations that I will present to the City Commission and represents a
level of negotiations that ::have carried the City to that level and felt that
I could not negotiate beyond that and I brought this to the Commission as a
source of information to make a determination in what direction you choose to
after that-- after you've heard from Sctthern Bell Telephone. So, I will answer
questions if you wish or I'll go through the whole process and then answer
questions, if ycu wish, however you choose Mr. Mayor.
Mayor Ferre: Veil, why don't we -leave it up to you?
Mr. Andrews: i think it's better if I just go through the whole thing and you
come back and ask any questions. All right, may I have the next chart please?
Now, the first element that we must establish in trying to arrive at an under-
standing in the franchise if we're trying to establish a formula which would
be based on percentage applied to the gross revenues. One of the two elements
then of that formula is based on this next chart. And, I want to indicate that
the total operation of Southern Bell Telephone in the City of Miami exeeeds over
one hundred million dollars. There are ..iany categories of revenue. The three
most important categor.iea are inttr�catc calls, which are all the telephone
calls made from the City of Miami anywhere in the country or anywhere in the
world and that revenue in round estimated figures represents 25 million dollars.
The second area is intr n-- state calls which is within the state and in round
estimated figures that represents an aaditonal 25 million dollars to this is
added approximately :0 million do..lers in revenue for local service calls.
The commendation of those three majcr elements represent in estimated 100 million
dollars. There are other reveuor'.s treat ere available that are not considered
in these negotiations, acch as one :ef t::e major ones which has nothing to do
MAY 1 3 1976
With the public right-of-way, hut it could be construed to be part Of the total
business carried out by Southern Bell is the advertising revenue that they
teeeiee itot the yellow- pages of the telephone book, That is One of the other
MO:it sources and it might be estimated that, that could represent 5 million
dollars worth of revenue within the City of Miami. You'll note that the present
franchise then is based on local service calls of 49 million dollars, In out
first approach we identified and felt that their was need to also include the
inter state, The local service calls are 51,500 dollars, The two together
represents the base for inclusion in the franchise consideration of 76 tillidn
dollars. This was adjusted later and we considered a second proposed franchise
base of the same local service calls, but reduced the inter state calls by one=
half) to the inter state calls to $12,300,000. The reason that we did that
the Southern Bell, Mr. Brown(particularly) Mr. Gilstrap convinced us that there
Was no way that we could or should include the total inter state calls revenues
because they explained that when you make a telephone call from your residence
Mr, Mayor or you business establishment- Commissioner Plummer it tracks a method
of using the telephone system through the public right-of-way to a sub -station
and from that sub -station it then is transmitted by a cable to the Tampa, Jackson-
ville, Tallahasse area, Orlando area or it sends by micro wave so we deduced that
informalizing this and being practical that half of the total cost of that call
was using the public right-of-way to get from your home or from your busines to
the first sub -station. After that it did not depend solely on the public right-
of-way, that there was other ways of getting that call throughout the state.
So, we arrived at using half of the inter state calls as an appropriate revenue
figure to include in the franchise revenue base. So, the two figures to remember
76 million and 63,800,000 - that will show up on some future charts. We'll
set these charts in the fashion that you can look at all of them if you wish to
101. in a moment or so. Prior to the first negotiation session and prior to establish-
ing our position in that neooLeetion we consider the flat 6% against all of the
local and inter state revenues. That's $760,000 and we call those blocks, if
you will 1%, 2%, and each block represent $760,000. 1% applied against that 76
million produces that figure. If we were to go to a total 6% franchise formul-
ation the yearly payment then based on 1975 figures would have produced 4 million
560 thousand dollars per year. We chose not to do that because it gave no cred-
ence to other revenues that we earned particularly ad valorem taxes and we didn't
want to allow some credit for ad valorem taxes. So, the first position that we
took was one in which we formalized the following. First off, we decided that
the amount of money that we are now budgeting currently which represents about
$600,000 dollars should be included as a service credit and in addition to that
there is an estimated $60,000.00 per year for cost affecting the "911" emergency
service. The sum of those two are six hundred and sixty thousand dollars so that
went into the first building block of service credit at that point. And, then
after that we applied the 1% to gross revenues and each percent increment and
1010;, here we designed a system of incremental increases at $760,000 each year for a
period of several years until we reached a plateau in nine years of 4% to that
for the privilege of entering into the franchise we established a 16 million
500 thousand dollar payment for a 30-year franchise and something less than
that or a franchise less than 30-years. This then represents for the entire
30-year period a payment less than the 6% in an amount of about 17 million
dollars. When spread over a 30-year period and averaged out it meant a yearly
payment of 3 million 870 thousand dollars. So, now we come down from the
ideal 6% which was 431 million dollars to 3 million 870 thousand dollars per
year averaged. After further discussion and negotiations and trying to com-
promise and come to an understanding with Southern Bell we receded from that
position and went to a new position which is documented in correspondence.
We did three major things in this next position. One, we reduced the 16 million
500 thousand down to 8 million 500 thousand dollars for consideration for
entering into a 30-year franchise. Secondly, then at that point and time got
into discussions about the intee state calls and the relationship to the use
of the public right-of-way and this was the point at which we reduced that
revenue to half of the total revenue and added that to the local service call.
Now. that gave us a new base to work with that all these percentages would
apply against. We reduced the service credit by 567,000 dollars down to the
$43,000 that we currently received. In otherlwords, we took a major step in
two areas through this process. We retaieed the $60,000.00 to the "911"
emergency service. So the first building block there of service credit now
is $103,000.00 rather than 6 hundred and 60 thousand dollars that we had in
the former position. Each percentage applied in this chart is against a gross
franchise base of 63 million or 64 million dollars verses the former 76 million
dollars, so each building block there is less than the former one by about
$122,000.00. The sum of all of this distributed over a yearly payment basis
if you wanted to average it out and we did that so we'vd have a basis of
comparison was now 2.790thousand verses the former 3 million 700 thousand,
62 MAY 1 3 1976
So we reduced the `canchise r._quarement by almost a million dollars pet year for
30-years or 30 million collars. We hen first into further discussions and
through correspondence back and forth. We carve to a final position that we felt
was from the City's poi.nt of view a most equitable position. We now remove the
Service requirement foe c'ci.':" but retained the requiretnent that 411" be provided
through the franchise. And, we adjusted the 8 million 500 thousand dollar initial
payment upon deciding of a 30-year franchise and distributed ot gave the option
of distributing that of increments of $300,000.00 per year for the life of the
entire franchise. The :tea't figure of dividing 30 into the 8 million 500 thousand
dollars is in round figures 286 thousand dollars, but when you 6% to that, And,
I thought that was appropriate to that. It turned out to be $300,000.00. So, we
used $300,000 Now it you e.v::ragec ;:he payment it turns out to be 2 million
730 thousand rather than 2 t711.11_c n 790 chousand dollars. And, this was the last
position that we loo.s,ed to, and this would provide the city now with approximately
41% of the total revenues b sec: _:s ie'e formulated here. This gives credit to the
ad valorem taxes that are .yid by Southern Bell Telephone and I can describe from
beliefs how It accounts _o al, of `l.ose ad valorem taxes paid by the City of
Miami, So, in sun na::y, f::cu 'the v.acheeecal aspects of looking at numbers and
percentages to arrive ae c.oIears ee::e es ehen the four positions. First, the
existing franci--ise c:h_'.c t r acuces ..: _ncluding credits of $533,000.00 and the
proposed fra :i :_sc ex..ni':.:.tLcn prior oo zhe first position taken represents 4 mil-
lion 560 t::ous: s,i dollars ank. that's using 6% of the loco_ nd all of the inter
state tolls. The ne:a T=os__tior_ which represents about 41% or more than that was
3 million. 870 ehousand dc,is. The next position taken was the reduction of
approximately (fcLlars--- a ;zillion 100 thousand dollars to 2.790 million
and the final osit on or.. zf 2 m .._:.o:: 730 thousand dollars and that's where on
Monday eventing. Thee eaee i•eeneey ever.ieg we rested our case. There are other
aspects of this franchise r gociat icr_ chat you should be aware of and at an
appropriate tlme t:r. ;:.- j. z..e.vaa you of those. But, before he does I think
this is a ra+:; u:: i:.::er .:::c:(a to 'oe resolved. Now, I would like to pass out
that same series of Cr.i.rts Lu the <:vi:ar .ss_on which I have reproduced so you can
have those, in addi:eLee to that and I want to give also, copies to Mr. Brown and
his Associet: es . In acieicn to that I have another chart that I want to present
to the Corellessecn, uh:c . 'Jed :: ;an to Describe this to you before I hand it out
to you) because 2 wae t to - excuse r.:e for saying so, pay attention to you, rather
than look at ehe cheee, ' to 1 have this information for you. We've examined and
the billing of ..lc;;:iea . • eee & "eig::.: eo parry on a residential level in the City
of Miami and I took the bi:_iing fecm -me bers of my staff who live in the City of
Miami and I asked them t6 b tick c::t their names and accounting numbers but I know
for a fact ehae these are hel.iines inside of the City of Miami and -- I have a
half of dozen o: these buz o c will stva just as well as any others so that
you have that example bc!:cre ;you a:.d I rant to indicate that the telephone company
has indicates tie us that any charges over the 1%. In other words if we have a
4% charge 3% above t.... ':eta se of the public service commission rul-
ing be passed onto t:.e xrrer ur to the user. (excuse me) . I want to
indicate that Zloride 2ewee & Lie:;: Company is already doing this. This is
already well identified or. Lee .;r.iiding to the people of Miami in that I have
a bill before :tie total of 4 27.35 for electrical energy which includes $0.49 for
a fuel adjustment- $1.10 _ o:_ :raachi se charge and it says City of County in
that block ant: et:.ii teas :..xes >>r $2. 2.2. The $1.10 charge represents a 4.9%
applied against Che YloLiu:.. 7o7:a:: charge and that is accomplished by the
franchise 'chicle e7e hove ';1.:: the Florida Power & Light Company which provides
that we will .t.rge o% o'f g_: s aeenues of Florida Power & Light Company
and from that deducc act :::_orta.n taxes paid to the City and the net result of
that formula 7:.p. a 4.9Z charge : hech is reflected in the franchise billing as
it now exists or .:'.-cat :;,::.::a hocsehol6 where there is a one telephone service
there is ile n , of $leeee ecr telep eae service and applied against that
$13.60 and cuerent b+.1".ir.g i.. ea : on s.,evice which is identified as local which
is $1.35 which rep_esanti: of the :,tility on the telephone. And, then there
is a federal eex of S0.32, the total o. that billing then is $15.98. Now,
should we &rr-,Lve at an a;;:-ar ieat as to a percentage to he applied above the
1% then thee billing wouli Ce identified in the billing of Southern Bell and
I want to indecace to the City Coi_ssion that based on the formula that I have
feel comfortable wieh and I'm presenting to the City Commission for consider-
ation and further di:acus ::can -with Sout',_.rn Bell indicates that the monthly
billing would be $0. P. month. Thz user at the residential level where one
phone service: one inst_um et is used in the home, I will distribute this to
the City Commission aad ; have onz more chart to present which summarizes the
City's pr`sentacion in ob cater and that is a chart that reflects the fol1-
owing. 1 felt it was im701-t:3nt nor :he Commission to have some indication of
what's happening in the C__ty as far as gross earning of utilities and the best
two to go to would be F1oreda Power & Light Company and Southern Bell Telephone
to describe their gross ea_eings end c .scgibe the amount of money totally rec-
eived from their operations and please their maybe a hundred dollars off or a
MAY 131976
huttdted dollars off or a thousand dollars off. But rtt confident that these
ate teasonably accurate firgures and describe accurately the condition that
exists in the City of Miami. These ate all based oh 1975. We show no prof,
ection of gross in any of these charts 1 presented to you. Because it's
important to use a base. And, 1975 was established as the baser The formula
as it will apply whatever that will be as the conclusion of these discussions
we'll take into consideration of gross because it based on gross earnings of
the utiliiy. Florida power & tight Company has a gross company revenue of
1975 of alrost 79 million dollars. The adjusted gross company revenue of
71 billion is based on the fact that the franchise excludes industrial revenues
and some other minor factors. The excise tax paid to the City of Miami by
Florida Power & Light Company is a result of applying 10% to a portion of the
total earnings in the city produces 5 million 521 thousand dollars which is
used within the City of Miami to operate in city government and provide
current time for capital improvements. Franchise tax paid is 3 million 520
thousand dollars taken into consideration item 5 which is ad valorem taxes,
which is listed here separately but is part of the total consideration of
742,000 dollars then permits paid and licenses paid are a minor amount. The
total revenue received 1975 from Florida Power & Light Company operations
in the City of Miami was nearly 10 million dollars and that represents 12.42Z
of the total gross company revenues.
Mayor Ferre: How much does the City of Miami and the County spend in Florida
Power & Light within the City of Miami?
Mr. Andrews: I think it's in the vicinity of $800,000.00, but I'd have to get
that figure for you.
Mayor Ferre: Yea, it's morn than that. Is that all the electricity we buy?
Mr. Andrews: I think that's all... but I'm not sure. Oh, not including the
street lighting. The street lighting in itself is 3 million dollars.
Mayor Ferre: So, I'm just--- you know,out of the top of my head, out of 79
million dollars that they have in gross revenue, maybe 4 million dollars comes
from the City of Miami. And they're paying us 9 million 816.
Mr. Andrews: That's right and of that payment--- 4 million dollars is returned
to them. In 1975,based on the current franchise I want to indicate that the
total --- once again that the total revenues within the City of Miami - Southern
Bell exceed 100 million dollars that excluding 25 million dollars of intra state
calls out of the state. The gross revenue then might be considered at 76 million
dollars and for the purposes of the current franchise only the local service
calls are considered, so the 1% of the current franchise is a flight against
those local service calls,and now we drop down to the accumulation of dollars.
The excise tax paid is 4 million 264 thousand, franchise tax paid 11 of that
49 million is $490,000.00. There is the $43,000.00 in credits we were speaking
of. Their ad valorem taxes are much higher than that of Florida Power & Light
Company an_2 million 273 thousand. Permits paid and licenses paid bring a
total of those items to 7 million in round figures, 100 thousand dollars and
this represents 9.30 1 of the gross company revenue back up to the top again.
Now the last position that I took in reference to the City related to the
----- set of conditions then is that $76 million dollars is the gross company
revenue. The adjusted gross for the franchise I set at $63,861,000 the excise
tax figure you'll notice in the column now is the same, but the franchise tax
paid is adjusted to the last position I showed you on the chart when we went
through different positions of 2 million 730 thousand dollars. The credits,
ad valorem taxes, permits paid and licenses paid and once again the same. The
total of that is $9,3232.000, when you compare that to the gross company revenue
not including the intra state calls, when you compare those two that represents
12.24% and compares favorably for the Commission, at least, to use that as
some judgment criteria as to earnings from that utility within the City of Miami.
We won't get into all these other refined adjustments unless they're absolutely
needed, but they are there for a purpose in the event that we should get into
that kind of a discussion. Now, with that I'd like to distribute these exhibits
so that you'll have them before you so that you can consider these. There are
ramifications that we can get into that are important , but if we resolve this
one issue as to formalizing a percentage we will have crossed the Major areas
of consideration in other matters I think can be resolved administratively,
Do you have any questions, Mr. Mayor, members of the Commission?
Mayor Ferre; Well, I think at this time, why don't you pass those out, unless
there are any questions, perhaps Mr, Brown might want to address the Commission
at this time and then we'll go into questions,
71
MAY 131976
Mr. J.M. Brown: Mr. Mayor an Commissioners, I am J.M. Lrown,Plce f'r.esident
fot Southern Bell Operations in the State of Florida. I want to apologize
td you for bringing you another problem here at the end of a daylwhen the
hour is getting late. This is a problem which t guess having to approach
you with in the last 30 years. So, if you'll permit us this, I would appreciate
it very much. Let me emphasize in the beginning here that the remarks that t'M
about to make are not intended personally to reflect upon the Mayor or the Comer
missioners or the City Manager. It is a position that t must take to reflect
my views on the issues that are involved. It is not intended to reflect upon
anyone. I have nothing but respect for this Commission and the many problems
that it has and we certainly think that we have very capable people here sacrif-
icing their time and effort to run the City affairs. Ism going to ask Mr. Gil-
strap if he will, to pass out a statement which we have prepared here that you
may want to follow along with me. I do not have any charts. I would like to
ask you to give your attention tc these matters. The question before this
Commission and subsequently the citizens of Miami is one of determining the
value of your granting Southern dell Telephone Company permission to occupy the
roads and streets within the City of Miami with our facilities in order that
we may provide essential•telephor.e services to the citizens of this city. Let
me make it clear that we are not seeking a franchise to do business within the
City of Miami. This right has already been granting by the Florida Public Service
Commission in the form or a certificate of public conveniene a and necessity, under
Florida Statute, Chapter 364. Since the value that you place on this permission
will be translated into dollars you can say that I am here to protect the telephones
subscribers -within the City of Miami from any increase over our present financial
arrangement which has now spread across our entire rate base. This is the same
position I take on any eroposed expenditure or cost. Any increase in the finanqsl
arrangement would be added to telephone bills within the City of Miami and I fee.
it necessary to call ti,l: jor attention as well as to the rate payers and tax-
payers of the City. In order that you may properly consider all the factors
involved and arrive at a judgment decision that will be fair and reasonably I
think it will be well to recite some history to you then to look back at the
present situation both in Miami and state-wide then at the proposal of your City
Manager and to close with our proposal for the reconciliation of this matter.
In 1892, we received a grant a from the State of Florida that gave us permission
to use the streets, roads, and public right-of-way for the conduct of our business
subjected to obtaining permission of a city prior to using its streets. When we
received our state grant the City of Miami was unincorporated and clearly included
in the terms of the grant. We did not approach the present negotiation with the
idea that we could use city streets under this grant without remuneration but our
initial proposal was and is what we consider to be a fair rental for the use of
the streets. The original telephone company in Miami was formed January 14,1899
by James T. Sanders, John F. Dew, and Young F. Gray and was known as the Miami
Telephone Company. It was incorporated as certified by letters, patents, signed f`
by the Governor and Secretary of the State of Florida on February 22,1899. The
original permission by ordinance granted within the City of Miami was to Mrs.
Sanders, Gray, and Dew, their associates and assigns and was passed with three
readings on December 22, 1890 by the City Council. It was approved on January
10, 1899 by the Mayor. This ordinance granted Mrs. Sanders, Gray, and Dewey
permission to use the streets and public roads and perpetuity. I would like for
you to follow that particular thought. They in turn sold their rights granted
by the City to the corporation for $75C.00 in capital stock. Subsequently,the
Miami Telephone Company was granted continued permission to use the streets in
Miami by Ordinance 240, which was passed on September 21, 1917 and ratified by
the voters on November 7,1917. This ordinance called for payment of 1% annual
gross receipts from rentals derived from telephones in use within the City of
Miami and was for a period of 30-years. The 1% payment was negotiated even though
the company had. a perpetual right to use the streets which was not revoked in
the validity of which was expressly recognized in Ordinance 240. It is of more
than passing interest and supportive of Southern Bell's position if we chose tb
assert our rights under the 1899 Ordinance that the present charter of the city
in Section 80, prohibits the Commission from abrogating or terminating any right
or franchise heretoforth granted by the City of Miami. In effect, Southern Bell
is in a position to assert that no payment for the use of the street is required,
but to avoid the protracted litigation that would undoubtedly insue and in
recognition that the use of the streets is of some value. We are not at this
time nor have we in our negotiations admirably relieved on our perpetual right
to use the streets. On December. 11,1917, the South Atlantic Telephone Company
bought the Miami Telephone Company and all right-of-way privileges of the Miami
Telephone Company were assigned to South Atlantic Company, its suecessors and
assigns. The South Atlantic Company was acquired by Southern Bell Telephone
Company on December 31, 1924 and all rights and privileges were assigned to
Southern Bell thereby the perpetual right to use the streets passed to the
Southern Bell telephone Company, Ordinance 1l 240 expired on Septetibet 21, 1947,
Ptiot to its expiration the City granted the Southern Bell permission to continue
use of the streets for an addit4btal 30-years thtough passage of Ordinance #3087,
This was passed April 17, 1946, ratified by the voters July 9, 1946 and the
company's acceptance was filed with the city on August 12, 1946, This ordinance
continued payment to the city oh the same basis as a preceding Ordinance 1 240
along with the prevision of some free telephone service to the city. The present
ordinance expired midnight August 11, 1976, but the perpetual right to use the
stteets continues in force. We presently have in effect throughout the State
of Florida 209 ordinances granting permission to use public -right-of-way within
municipalities, 207 of these are for 1% of recurring local service revenues or
less. We have one requiring 2% and another requiring 3%. In these cases all
over 1% of local service revenues is billed directly to the telephone customers
within the municipalities, The 1% cost to the company has been built into our
rate structure. There seems to be some feeling among a few that the present
Miami Ordinance does not produce revenues in keeping with the value of the grant
of the limited permission to use the streets and public roads. I would like to
say as empathically as I know how that it is more than fair and reasonably and
that our telephone customers are bearing their share of the cost of conducting
the general business of the city. Let me recite some figures for you. Mr.
Andrews have presented some. I have some too. Some agree, some do not agree.
The total property and license in taxes and franchise fe,:a paid to the city dir-
ectly by the company from 1966 amounted to 1 million 132 thousand 302 dollars.
In 1971, it was 2 million 17 thousand 981 dollars. 1975 it's 2 million 764
thousand 362 dollars. For 30-years at the 1975 rate it would equal 90 million
dollars paid directly by the telephone company at its present rates. We have
approximately 150,000 customers in the City of Mlami. This means that they
paid in 1975 in the form of taxes and fees charged to the company $18.43 per
customer for the year or $1.54 per customer each month. Now, let's add to this
the local excise tax paid to the city and included on the telephone bills. The
company in effect collects these from the customer and passes it on to the city.
In 1966, these excise taxes were 1 million 81 thousand 490 dollars. By 1971,
it was 2 million 315 thousand 954 dollars. In 1975, it was 4 million 264
thousand 782 dollars. So a 30-year period at this rate it would amount to 128
million dollars. So you can see under the present franchise structures you are
collectine from or will collect from the company at no growth in revenues 218
million dollars from these sources. These figures when added to the direct
taxes amounted 46 dollars and 86 cents per customer for the year, or 3 dollars
and 91 cents per customer each month. Anyway that you want to look at it
3 dollars and 91 cents per month as a proportion of an average local service
telephone bill is a lot of money and a high percentage. This doesn't include
other state and federal taxes which would amount to 7 dollars and 39 cents per
month per customer and is in part shared by the city through federal and state
revenue sharing. To give you an even better perpective I would like to recite
some percentages to you that reflects and average of the last 6 years. The
City of Miami derives 13.84% of its total operating budget and 19.95% of its
general revenue fund from utility excise taxes. The dervices 4.76% of its total
operating the budget and 6.87% of its general revenue fund from excise taxes
on telephone service. The city derives 3.60% of its total operating budget and
5.17% of its general revenue fund from Southern Bell direct taxes and fees.
The City of Miami derives 8.36% of its total operating budget and 11.95% of its
general revenue fund from Southern Bell and its customers. And, lastly the
City of Miami derives 34.57% of its total utility excise taxes from excise taxes
on telephone service. Now it's apparent to me and I hope it is to you that
the ordinance now in effect in the City of Miami for Southern Bell is a sub-
stantial, financial source for the city.In return for this very limited permission
to use the streets I emphasize limited the present arrangement provised for
percentage of recurring revenues and as you can see from the figures that I
have recited. You have participated in the increased development and growth
of our business. When this ordinance was adopted in 1946, we paid to the city
under its terms 29 thousand 130 dollars. In January of this year we delivered
a check to the city for 490 thousand 382 dollars as payment for 1975. In other
words, 1975 is sixteen times more than the amount we paid in the first year and
I think that, that's a point that's being missed here in this consideration that
you have a growing revenue base each yea'- even though the percentage of which
produces that revenue is not changed. In 30-years the city has received 4 million
638 thousand from 645 dollars in payment for use of its streets, This will
continue to increase if the future is to any degree a reflection of the past
without changing the present basis of 1% of local revenues, The increased
revenued derived from our customers are apparently playing a larger and larger
part in the total financing of city operations, Our proposed ordinance for
the next 30-years calls for essentially the same payment arrangements for the
limited permission granted by the clay. An arrangement that will pay the city►
every increase in sums of money as the city and the company grow, even though
the base nor the percent of revenue changed. Based on 1975 revenue figures
and not making any changes for growth or rate increases. A totally conservative
approach the city from receive from the company approximately 16 million 225
thousand dollars over the next 30-years under this arrangement. I emphasized
their conservative approached was used for our estimates because 1976 based upon
a 1% payment would amount to almost 575 thousand dollars. I don't know what
Mr. Andrews had their I can't read it and I tightany added cost to the telephone subscribers ofMiami. I would like to turn now
gnoe
add that this does not to ui
to the proposed agreement as developed by the City Manager. You have listened
carefully to his views .in which have changed somewhat from his original position.
The fact that he had reduced his original position gives the impression that the
company should do likewise. I submit that the original position has no valid
logic and instead of asking for 106 million dollars, could just as logically have
been 206 million dollars and that the reduction to the present position would
have been even more dramatic. Likewise the present position of 71 million' dollars
has no logical reason except that the city may need money. Now, I would like to
highlight the major points in their impact on the telephone customers. (1). To
furnish free telephones to the city in the same aount as specified under the
existing ordinance. Under todays rates that would approximate 50 million 400
thousand dollars annually instead of the figures that were produced up there.
50 thousand (I beg your pardon) 400 thousand dollars annually. In regard to the
"911" service requested in this section I assure you tiic_` you company will comply
with this state law requiring installation of this service. I assure you that
the company will comply with he proposed to include all local service
revenues and one-half of intra state long distance revenues under the ordinance
with a payment to be made as follows. 2% for the first two years, 3% for the next
three years, 4% after five years and thereafter. Payment would have to be made
monthly which is almost an impossibility with interest payment penalities if wel
elect to pay it quarterly or annually. In regard to the one-half of intra state
long distance revenues :,4:ng subjected to the ordinance I would like for you all
to be aware of the points that I'm about to make because it seems so logically
in his presentation. 1 would point out that in no cities does Southern Bell pay
a percentage of long distance calls to a municipality, nor do we think it's proper
to do so. If such were done the question would be raised that if the City of
Miami were entitled to a portion ofthe revenue from long distances calls as an
originating city than those cities where such calls terminate would also be
entitled to these revenues. If such were the case then long distance charges
would be increased cor calls originating or terminating within the City of Miami.
This would result in such charges for toll calls be high within the city that
anywhere else in Dade County and who can live with that. The average subscriber
makes 72 local calls for each intra state long distance call. Therefore it is
apparent that this is an insufficient additional use of our facilities that are
in the streets and.lets remember that this is suppose to be what this is all
about the'tuse of the streets. No sufficient additional facilities in the street
are required for intra state toll calling which are not required to provide loci.
service. Therefore, if we paid a percentage of total revenues we would in effect
be paying twice to use the streets for the same facilities and the city -- has
emphasized the fact that people being.taxed twice as unpopular. Next, he asked
that initial consideration merely for the act of passing this ordinance ranging
from 41 million dollars for .a 10 year term to a 8I million dollars for a 30-year
term. However, annual payments of 300 thousand dollars could be made which would
bring the total cost to 9 million dollars for 30-years. This to my knowledge
has never been done at any location where we operate. It gives the impression
that any new business must pay a bounty to operate in Miami. Next a free city
attachment to the company owned telephone polls. This amount has been discussed
as Mr. Andrews has covered and I think it can be worked out on administrative
agreements. Maintenance for restored sidewalks, streets, right-of-way, due to
company construttion. No other utility is required to this but we are prepared
to work out a contractual arrangement for such restoration. The company to
map Ull underground facilities on maps furnished by this city and this will be
complied with through the provision as built drawings by the company. The city
to have right of audit and access to records supporting payments due city on the
terms of the ordinance. Well, the pertinent records can be made available. The
ordinances to be limited solely to the use of company for providing telephone and
telegraph services and no other form of communication service unless provided
for in a separate agreement. The company will provide some suggestive wording
for the use in the drafting of this ordinance for consideration by the city.
Next, the company must agree that if any federal authority authorizes inclusion
of intro state total revenues under a local ordinance procedures that such
revenues would immediately be subjected to the ordinane. The company will agree
to include intra state total revenues if appropriate federal authority authorize
franchise payments to city on intra state tolls and such payments are agreed to
by the company and any other municipal franchise agreement in Florida. In order
.to give you a clear picture of what Mr, Andrews proposes 1 asked my accounting
people to plot the cost involved to produce a 30-year agreement under these
74
MAY 1'3t976
conditions, Several assumptions Were made and ate listed on the attachments to
this material. A particular interest is the fact that We have assumed no growth
in revenues for the 30-year period. It would be Well for me to state at this
point neither did Mr. Andrews produce any revenue gross in his assumptions by
the way. it would be well for me to state at this point that we made out prop=
osal to the city for a new 30=year franchise when we made it, We did not and
I emphasize not come in t;rtth a nronosal that was extremely low for a neeotiating
purposes. Our proposal was and is fair and reasonable and is the going rate for
99% of the cities in Florida where we have right-of-way ordinances, It was not
presented for bargaining purposes, I wished that I could say the same about this
proposal made by the City Manager. It ig obvious to me that he and his people
feel that the city is granting an exclusive franchise to operate a telephone
business or exclusive right to use the streets to Southern Bell. I stati.
again that all wa seek :is a ':ion- xc.lusive permission to use the streets and the
right-of-ways for our facilities and we are willing to pay a fair price. Now,
let's take a look at what Mr. Andrews proposal would mean. The added cost to
the 150 thousand customers in the city for the first year alone is some 1 million
and 45 thousand dollars. This would mean an average increase of 58c a month
according to our calculations instead of 48, I think that you have. It would
increase to 92G after 2 years and to $1.23 per month after 5-years. Bear in mind
that this is in addition to the already heavily taxed telephone bill. Appropriate
municipal, state, and federal taxes would be added to an, increase that you might
pass. I would point out that these figures are an average per customer and would
of course, be higher for business subscribers and lower for some residence sub-
scribers. For your information , for the first two years the increase for the
Miami Herald would be about $300.00 per month or 36 hundred dollars per year.
Now, keep in mind that any increase must be voted on by the city's qualified
voters and let me note again that we have assumed no gross in revenues. These
figures are ultra conservet'"."e.
Mayor Ferre: Excuse me for getting up Mr. Brown, but you just said the magic
word. Don't you remember Graucho Marx everytime he had a cigar and somebody
say the word the bird would come down and ----
Mr. Brown: Is that what happened to you?
Mayor Ferre: You just said the magic word.
Mr. Brown: Well, great, shall I stop?
Mayor Ferre: I think it might be in reverse of what you might think.
Mr. Brown: Ok. All right. Let's put the Manager's proposal a little more
prospective. The cost of the company and its customers over a 30-year period
would be some7l million dollars even before you add the impact of the city
excise tax of 10% and other applicable taxes. This money can only come from
rate payer through increasing monthly telephone charges. You might ask why
are you here if any increase cost for the use of the streets would be passed
onto the rate payers? My answer is that it is my job to fight any increase
in the cost of providing telephone service and this is particular so where I
don't believe that the increase is reasonably. I would like to summarize and
also raise some additional points that you must take into consideration prior
to making decison in this case. Southern Bell has a state-wide grant from the
State of Florida dating back to 1892 for the use of the streets and the right-
of-way, but is now the City of Miami is included in that grant. Southern Bell
has exclusive rights to operate in the territory granted through its certificate
of convenience and necessity by the Florida Public Service Commission. The
first telephone company franchise granted by the City of Miami gave permission
to use the streets and the right-of-way in perpetuity. The rights contained in
that first ordinance remain in effect and can be verified by referring to
section 9 of the present ordinance and the 1917 ordiinance and are perserved
from abrogation by section 80 of the city's charter. I'm informed by council
there is a question concerning the city's right to require permission to use
the streets or require a monetary payment for such use. We feel strongly that
it could be shown that a 1% rental is i:. appropriate and that a lower rental
maybe more in order. The value of the ground or permission of the city to
occupy the streets is seriously impared because we must move our facilities
at the essence of the city at our expense, The grant is also limited by the
police power of the city, This makes the value of any permission highly
questionably, We also are charged permit fees for any and all construction
work done at the public right-of-way. A prime consideration for this Commission
is a value to the City and its citizens having Southern Bell provide telephone
service, Strong utilities providing higher quality service are essential to
the economic well-being and stability of any area. When the State of Florida
75
MAY 3 1976
gave its grant in 1892 at no charge it was obvious that it was to the advantage
of all to provide adequate communication between the citizens of tlorida and the
rest of the world: The same holds true today, but now that we ate here and play=
ing a major role it appears that some have forgotten the contribution that
Southern Bell has made over the years. The public has awaken them to the fact -
that taxes or fees placed on essential utilities ate past directly onto the
consumer». I would point out that telephone service in Miami is heavily taxed
by all levels of government. Including the 10% minor excise tax, 4% state
sales tax on business service, 6% federal excise tax, 1s% state utility tax
and others in addition to the 1% paid for the use of the streets. I would
question the wisdom of going before the electric with a proposal to increase
the cost to an already over taxed telephone rate payer.`- Informed citizens
understand that it is the consumer who pays when the politican taxes. And I
must agree that if the city goes along with the Manager's proposal. I must advise
that if the city goes along with the Manager's proposal we must assume the respon-
sible ofinforming the citizens of Miami of the full and costly impact. Our pay-
ments to the city have increased appreciately over the years and we expect them
to continue. Lastly, I want you to know that I and the people of Southern Bell
understand and appreciate the dilemna of the City of Miami and other political
jurisdiction and attempted to meet the desires and needs of the systems. Financing
is a real problem and we are not unaware of it. Cities are run for the common
good and revenues to finance the business of the city shoe d properly come from
the taxpayers. We continue to stand ready to carry our fair share of taxes, but
any attempt to raise revenues from a certain segment of taxpayers, such as tele-
phone subscribers is discriminatory and a analogy could be drawn where utility
operates state-wide at a revenue requirement of 50 million dollars and place
all the increase on one municipality to compromise its 5% of its customers. I'1",
sure that the other 95% would not complain. There are those who would compare
our payment with those of utilities. We may be higher than some or lower
than some, but I caution you not to stop at just the permission fees, but to
look at all payments made by the customers of utilities to the municipalities
through their telephone bills then to determine what is fair and reasonable,
because one utility may have allowed its customers to pay more than their fair
share does not mean that all utilities should do the same. In addition, I would
again point out that telephone and telegraph companies are the only utilities
with a state-wide grant to use the streets and public roads that's under statute
36201. We have a satisfactory and a mutual salutary relationship for more than
a half a century. IN the past 30-years we have paid to the city 4 million 638
thousand 645 dollars for the use of the street. Our proposal to continue this
arrangement would result in payments to the city over the next 30-years of over
16 millior, dollars. A 400% increase. This proposal would reward the city hand-
somely and would not require any additional charges to the individual citizens
of Miami.. With the existing orders expiring on August 11, 1976 is vitally
important to the City of Miami that you consider a course of action that can
be implemented so as to avoid any interruption in payments to the city. A long
drawn out negotiating process if a possible legal action that could drag on for
years would severly penalize the city financially. I urge you to consider our
proposal in a favorable like and act on it immediately. I do want to thank you
for giving me permission to present our company's position to you in this public
form. If there are any questions I'll be glad to attempt to fill them.
Mayor Ferre: Thank you Mr. Brown and now it's question time.
Mr. Plummer: The only question has to be right off the bat is to ask Mr. Andrews
if he has any areas of difference than Mr. Brown's presentation?
Mr. Andrews: I have one serious area of difference and that is to paper --there
are several, but the sufficient one to me and gets back to the intra state re-
venues, the argument that they are of the opinion that they would be paying
twice for the intra calls if when they're made because the same equipment is
there to provide for the local service calls. And, all I can say is that we
have a classic example of a utility operating in the City of Miami that operates
exactly the same way. And, yet Florida Power & Light Company pays us on the
basis of gross revenues in that Florida Power & Light Company is attempting to
establish its operations in such a way ,hat if you had an office in the City
of Miami and you could find some way to operate that office building during the
night hours where you consumed air conditioning and lights and other electrical
facilities rather than establish a building which you used it during the day
time when their peak loads occur, then Florida Power & Light Company might at
that point and time give you a demand factory usage in which you would pay less
than if you operated a building in the daytime, However, you'd be using exactly
the same facilities that are available and yet that revenue is then available to
76
MAY 13 1976
be calculated itt the base that is used of Florida Power & tight Company
and we receive the benefit through the percentage structure. So 1 don't
hold with the argument that because you snake the intra-state calls over
a system that exists from the house to the substation where we have adjusted
that total cost of that call in half, that that facility is placed there to
accomodate the local service calls. That doesn't add up correctly, In one
instance, we have at indication that already exists itt the City of Miami
as fat as formalizing a position in terms of a franchise,
Mr, Plummer: Okay where do we go from here?
Mr, Brown: May I respond to that?
Mayor Ferret Go ahead.
Mr. Brown: Mr. Andrews in the first place I have no way of at all
confirming the figure of 24 and one-half million as intra-state toll calls
within the city of Miami. I don't think you have, and I ,:aven't, so I don't
know how you have, but I am inclined to think it is about twice as much,
it is about half of what you are saying, No. 1, so that reduces the base there.
No. 2 I don't think that you have really said in your statement that the Florida
Power & Light Company does not pay any franchise charge, it is all passed on
to the customer, there is nothing paid by the company there, it is still their
customers that pay the entire amount, I'll grant you, as is with ours.
Now, getting to the pa.int of the use of the facilities in the streets,
you have come up with the fact that we are talking about and this is all we
should be talking about, that we are only talking about the right to place
the facilities in the streets, that is all we are talking about.•Now, if we
paid for those facilities, and this is cables primarily, pay for them on the
local service, it takes a pair of wires to serve each individual telephone,
and if we pay for it in local service, why should we pay for it twice, pay
a rental on it.twice. As I pointed out to you, only one intra-state call is
made for every 72 local calls, so there is some use for intra-state calls, but
we have already paid for the use of the facility and I can't even relate that
to your Florida Power & Light Company useage of energy.
'77 MAY 1a 1 O
Mr. Andrews: Another way of looking at that is to then say that Florida
pouter and Light company, for the electrical energy that is used during the
peak demand which is the daytime useage that their franchise should be based
on a figure lower than their 78 million dollars because let's say 75%, of
all of their energy is consumed during the daylight hours, but when you turn
your television set on at night or turn the electric lights on at night, that
is using the same facilities at another time when the demand is low, and what
we are saying this is all revenue, generated by the utility and it should be
considered. The credit was given for an approximate one-half, assuming that
it is 24 million dollars, or 25 million!dollars is reasonably accurate because,
half of the public rights -of -way are not used.
Mr. J.M. Brown: It sounds to me like you are making a case for the
Florida Power and Light Company to pay you additional money rather than
the case for a intra-state toll calls, Mr. Andrews.
Mayor Ferre: Mr. Brown I don't think we are going to settle this item
tonight for several reasons. First of all, Father Gibson isn't here. We don't f
have a full commission. Secondly I think it is appropriate for us to read this 's•
document in more detail. ,erhaps have some more conversation with with
Mr. Andrews. I recognize the fact that the City of Miami is anxious to get
this settled and behind us. I recognize that Mr. Andrews is anxious to get
this moving soon. This comes due in August if I am not mistaken.Is that the
date?
Unidentified person: That is correct.
Mayor Ferre: We don't have much time. I also recognize that this has
been a matter that has existed for 30 years. I can well understand why you
would want it to come up only once every 30 years. Can you imagine if you had
to deal with this every 4 or 5 years? That might not be a bad consideration.
We might want to talk about doing this on a 5 year basis. This whole industry
is changing kind of rapidly so they say.
Mr. Brown: May I interrupt you at this point. That doesn't bother me
about negotiating every 5 years, necessarily. It does have a bearing on your
bond ratings, I think eventually. If we had all Miamis with no franchise for
instance, it could have effect on your bond rating, which, if they were down-
graded, would tend to push up telephone rates over all
Mayor Ferre: You are talking about telephone bonds?
Mr. Brown: Yes.
Mayor Ferre: We might consider, since we can't come to any agreement,
maybe we might want to do it for a shorter period of time. I am not discarding
your legal arguments that you have of public convenience under chapter 364,
under Florida statutes, or legal arguments that you already have this right,
in fact you don't have to pay anything for the use of public, ------this is
not a court of law, we are not going to determine that here. The fact you are
standing here and have been here for two hours, and the work that this document
you read in a half hour entails, is a clear indication that you do want this
negotiated and you do want to get this behind you, and not anxious to go court
on this, or let it drag on, because it is not good for you, it is not good for
us. It sets a precedent. A lot of things come to mind.
I don't personally think that the City of Miami is going to accept. This
is my personal opinion, a continuation of the 1%. This is just a personal opinion
of mine.Where we go or at what point we can come to an agreement is something
perhaps, I don't think we can arrive at tonight Mr. Andrews. I would be willing
recognizing the importance of the fact, if we want to put this on the ballot
the last day of June, or the last Tuesday of June, we really almost have to
move, ---we don't have much long. Today is not the last day,
Mr. Andrews; You see, we have a problem with the mechanics of an election,
Mayor Ferre; You know we can't do that part, It has to be agreed, and
7S
MAY 1 3 1970
We haven't agreed. 1 don't think we are going to come to an agreement. It
seems to me we are not going to agree to 1% and they are not going to agree
to what we are proposing here from the looks of it. Unless you have an alternate
you want to discuss at this you want to take a 5 minute break and
you and Mr. Brown can sit in the corner and talk for 5 minutes.
Mr. Andrews: I haven't heard anything from Mr. Brown other than the fact
that they are presenting to the commission even at this stage that which they
have presented in the past, and that is 1°
Mayor Ferre: I see that, and I am not speaking for the commission, but
I am just saying that we can take the consensus. That is not acceptable.
Mr. Brown: Mr. Mayor what he says nothing other than 1%, I think what
you are ultimately after are dollars, and if you look at the historical trend
of dollars, there has been 400% increase over the period of the 30 years that
has just passed. I do not feel that it would be in our customer's interest to
agree to anything higher than that. Furthermore as I understand the procedures,
after you have passed an ordinance, it is necessary for us to post the estimated
cost of an election before the election can be held, and I do not at this time
intend to post the amount of money necessary to hold that election as long as
the city's position as has been presented by Mr. Andrews, so I think in your
overall consideration you should be aware of that if you were not already aware,
we do have to post the money prior to the election according to your own statutes.
Mayor Ferre: We understand but that $60,000. that an election costs in the
City of Miami, as important as it is, and as big a sum as it is, is really not a
major factor in the determination of what we are going to do here. WE have some
important things that have to be discussed, and you see, Mr. Brown, I think you
will recognize better than anybody here, or as well as anybody, when the State
of Florida, in the legislature in its wisdom passed a millage cap, it in effect
placed a major restraint on what cities would do in the future. In addition to
that the legislature is continually demanding, not only from the private sector,
that you and I are getting caught with all the time, all these things we have to
do, in the private sector, is regional impact studies, etc, etc. In the public
sector there are all kinds of things that the legislature every year is demanding
that we do which costs money, yet they don't give us any money for it, see. So
the burden of government, local government, is becoming one of the situation where
you have two hard rocks, and somebody is beginning to press it pretty tight. Now,
this isn't New York. We don't have 200,000 people going to school at City College
at our expense and our welfare situation in this community is nowhere near what
it is in some of these major American cities, proportionately. Our pension system
hasn't gone out of proportion where it is going to bankrupt us like it is happening
in other cities. We, thank God, have nat had racial riots. This community is not
too badly off. ON the other hand as you well know, we are reaching the point of
very serious constraints on local government. When this country was founded 200
years ago, the founding father of course had no idea that there would be something
called the industrial revolution, and they had no idea that would force a rural
America to become a centralized American. They had no idea of what proportions
of the federal government was going to be. They had no idea of world wars, and
Viet Nams and men on the moon, and military budgets like we have, therefore
they left even though there was something called states' rights which was for
real, and this country was supposed to be a union of states that had a certain
amount of autonomy and independence. What they didn't do, they didn't foresee
what would happen to the county and they didn't us the fiscal ability to be
able to survive and render local services. Now we have to rely on the federal.
government to subsidize us through revenue sharing and community development
funds and all that. We have to look for every little bit, every possible source
of financing because both the constitution of the country and the structure of
government, fiscal structure,and the state laws constrain cities like Miami
from financial sources. And I realize y:,u say, look on somebody else to kick
around and pick on, but unfortunately there are just not that many Southern
Bells or Florida Power & Light. I sympathize with you, but -
Mr. Brown; I sympathize with you too. I know the revenue problem for
the city, I truly do, but on the other hand I would have to say this we would
be willing to share the 12 or 13 percent of the total costof government that
the telephone subscribers are now paying, with all other citizens within the
City of Miami, 1 think the telephone subscribers are paying more their fair share
of the Cit '
�► s budget at the present time, and I know that budget is restricted
as to what your need might be. I am sympathetic with that, but I think it should
broadly based accross the entire tax sector, instead of picking on in a
discriminatory way against one particular segment.
Mayor Ferre: I recognize your problem, Let me put it to you this way,
if I have unilateral power, I would completely eliminate all real estate
taxes which are regressive and I would to nothing but to nothing but an
income tax for all levels of government. That is a better way to tax people.
Unfortunately we don't have that, --we can't do that: Yet someday we will have
a governor and a legislature that will see the light and will do it that way.
That would be the fair way for all these local governments, just like the
federal government to have some kind of a tax based on income. If you make it,
you pay, If you don't make it, you don't pay. The more you make, the more you
pay. But we are not there, and therefore we have to look for every souce of
income whether it is, ---just like the State. They look for sales tax, we
don't havethe ability to do that here. So we have to go licenses, fees,
building permits, and utility franchise taxes. Here we are.
Mr. Brown: You may have another one cent auction sales tax.
Mr. Andrews: You can't go licenses, Mr. Mayor. They are frozen in
at the business licenses, the State has stopped us there.
Mayor Ferre: The state stops us all over the place, but they haven't
stopped us on this one vet.
Mr. Brown: I think we pay a higher license tax than anyone else in the
City of Miami.
Mr. Andrews: No, Florida Power and Light Company does.
Mr. Brown: Okay, we are next then.
Mr. Plummer: Mr. Mayor can I make a few comments? I am not ready to
offer a solution but I will give you my philosophy and you can take it from
there. You will know how J.L. Plummer is figuring, more philosophy, right.
Mr. Mayor percentages do not impress me, and all of the statistics are
great but let me put it to you this way. As far as one commissioner is concerned
I am looking for the bottom dollar. How you derive that, what you charge it to,
where it is coming from, and where it is going to, is really immaterial to me. ':
Personally I would rather stick to one source, identifiable, easily for the bud,
Their budget as well as ours. Mr. Mayor it would be my hope, that when we boil
it all down, that we will stick to, it seems the greatest source of income is
that of local service, and we will stick to a percentage of just that. You can
charge it to the intra or the inter -state calls, you can charge it to the yellow
pages, you can charge it to all you want to charge it to, but as far as I am
concerned, I would rather deal with the percentage of one figure, if that figure
can be met upon, let's use the local service, forget about all of the other areas
you are exploring because really when it comes down to the bottom line, what
we are looking at is dollars. Now, I have my own ideas, of the realms and parameters
of where it should be. I do feel that there is another area Mr. Brown in which
we can explore, which has not been gone into by either the administration at
great depth or by your presentation, and that is in the area of which it is called
credits. The city of Miami pays a tremendous phone bill, I am not saying it is
out or proportion or it is too much or too little, we are in the same way that
you are a great help to the City of Miami, we are a great help to the Southern
Bell, and Ithink that is an area that can be, ----latitude or can be expanded.
All I am saying in conclusion is this, I hope for one, that if we stick
to a single source of taxation, namely a percentage on local services easily
identifiable, easy to figure and we can expand upon the service credits or the
free service to the City of Miami.
Mayor Ferre: Let me tell you why I disagree with that. It is just like
the tourist tax. I like tourist tax. YOu know why? Because a lot of those
fellows that come in from outside, they can pay a little of the burden of
what is going on here and that is better than putting on our local people.
If I could I would rather put the whole burden on the intra-state and inter
state, and leave us local fellows alone. So, 1 don't like completely that
idea. This is just talking out loud. This is an open discussion, I could
MAY 131976
put it on the niter and forget the local.
Mr. Brown: l don't think you have the authority.
Mayor Ferre: I know that.
Mr. Plummer: Where do we go from here?
Mrs. Gordon: Toll phones out on the parkway, all of those are added into
your gross?
Mr. Brown: Yes. Local service, not to11.
Mrs. Gordon: They are stationed there for convenience, revenues are
counted into gross.
Mr. Brown: In addition the city gets 15% commission any amount of money
deposited therein, and they an opportunity to get some more revenue if they
give us authority to put them in locations where they should be.
Mayor Ferre: We are going to take a 5 minutes break, why don't you
and Mr. Andrews talk.
Mr. Andrews: Mr. Mayor and members of the commission, I would recommend
to you that you not act on this matter, that we have one additional commitment
from, as I understand it, from the county, Mrs. Dieffenderfer with reference
to holding the election. We are going to need some additional time. Mr. Brown
has committed we can spend some additional time trying to negotiate this matter
and we would have to hold an election on July 13 in order to give us the time
to achieve this. Mr. Brown has indicated from his schedule, I am not going to
pin him down to that, but he has looked at his schedule and he is available
Tuesday, Wednesday and Thursday of next week, and if we can't resolve what
we have to resolve in those three days, it is probably unresolvable and you
would have to call a special commission meeting, whatever conclusion we come
to Mr. Mayor and then hopefully we would come to some understanding and the
election would be held on July 13.
Mayor Ferre: Thank you very much for your time Mr. Brown this evening,
and you can now go home and relax and have a martini and think of us. We
will be here for another hour or so.
/'
al
MAY 13 1976
70, WAIVE PAYMENT OF CITY INVOICE
$2,382,11
Mt, Plummer: Mr, Mayor, to make the balance
that I can make a final report to you at the
needed that I ask the commission to waive an
the amount of $2,882.11. This was in house
waived.
"GOLDEN GLOVES TOURNAMENT"
of the books for Golden Gloves so
next Commmission Meeting, it is
invoice from the City of Miami in
services and we need to get this
Mayor Ferre: Do you agree with that, Mr, Andrews?
Mr. Andrews: I understand, and recognizing that Commissioner Plummer along with
the other commissioners have always tried to find the dollars constantly to oper-
ate the city government and you are all very concerned about the city's position
I'm sure he wouldn't advocate this unless he felt there was a real serious prob-
lem here. So I have no choice but to...
Mr. Plummer I'll move it, but let me state for the record that one of the reasons
this has to be waived, Paul, is to pay for the rental of the tent.
Mr. Andrews: I understand.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 76-492
A MOTION REQUESTING THE CITY MANAGER TO WAIVE PAYMENT OF AN
INVOICE FROM THE CITY IN THE AMOUNT OF $2,882.11 IN CONNECT-
ION WITH THE GOLDEN GLOVES TOURNAMENT IN THE CITY OF MIAMI.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
70(A). MINORITY BANKS - BRIEF DISCUSSION
"r. "lursner: "r. "ayor and ".-. Ard: ews, this would have cone to you, sir. "n
March 25, 1975 this Commission passed a resolution asking you whenever possible 1
to place monies that were surplus or being held by the city in Minority banks.
I understand that there is a provision within the statutes that says that where
we receive federal moneys that it is mandatory. The only thing I ask of you
this evening, Mr. Andrews, is that you will furnish me and the rest of the com-
mission what you have done to comply with that resolution on March 25th and what
you plan on doing in the next 6 months. Ok?
71. LITTLE HAVANA NEIGHBORHOOD FACILITY - PROPOSED DEDICATION DATE
Mr. Andrews: I sent you a memorandum with reference to the selection of agencies
for the Little Havana Heighborhood Facility, we're moving ahead on that to bring
that to a conclusion. I sent you a memorandum with reference to the processes
that we're using at ariving at the selection of the agencies for the Little Havana
Neighborhood Facility. We're going to move ahead on that and bring that to a
conclusion. We have made an extensive survey of all of those agencies that could
potentially use the facility and narrowed it down to those who have met certain
of the city's criteria. Those have been announced and we're proceeding with...
Mayor Ferre: When?
Mr. Andrews: Very rapidly now. We're in the final stages of that.
Mayor Ferre: When?
Mr. Andrews: I can't specifically tell you when, Mr.. Mayor,
Mayor Ferre: Two weeks, a month?
Mr. Andrews; Oh'yes, in two weeks.
MAY 1$19?
Mayor Terre: Well, there i.a a major event coming up Which We've sponsored which
t think L-= Is When, Mt. Parades? June 27th. NOV could we tie the whole itinaugr
uration of that thing and have the big hoop -la and all tied into that?
Mr. Andrews: I believe so. June 27th?
Mayor Ferre: Yes. It falls on a Sunday but I really would like to maybe perhaps
tie the inauguration of that facility with that event depending on how successful
that event is going to be. You'd better check on it first. Let's not get involved
in something that is going to be a flop. But if it is going to be a successful
event then maybe we can kind of tie into that and ride their coat tails a little
bit. If not, if you feel that it might be misinterpreted or it might become too
controversial...
Mr. Andrews: I'll you what the problem might be, Mr. Mayor, the people who are
not included, the organizations that are not included might feel badly because
of the nonrecognition of tying in with this so there are some disadvantages.
Mayor Ferre: But this is a one shot event so they should all be included in it
I'm sure. What Reencuentro Cubano is not, an organization, you know it is like
the Folk Festival.
Mr. Plummer: But is there an admission charged?
Mr. Andrews: What you're going to do in that process is to identify who is going
to be involved in the Little Havana Center and you'll be identifying a certain
group probably in the inauguration process.
Mayor Ferre: So what?
Mr. Andrews: Well, then you've got more people that you've excluded than, or
organizations that you've excluded than you have included.
Mayor Ferre: Well, you think about it and you discuss it with the various people
and ... If you're not going to hve it on June 27th then I think we have to do it
before because I don't want them beating us to the punch.
Mr. Andrews: We'll discuss it.
72, NEW POLICE HEADQUARTERS BUILDING - PROPOSED DATE OF DEDICATION
"x. ^eboso: Now that we're 'caning about this, Mr. Mayor, what about the new
Police Department Building? I wonder if we can have the inauguration of that
building officially in June when Paul is still the City Manager.
Mayor Ferre: We ought to.
Mr. Reboso: Can we select a date in June?
Mr. Plummer: Mr. Reboso, may I offer a suggestion? Give the Chief the benefit,
Mr. Andrews and everyone to try to set a date in June and come back to this com-
mission.
Mr. Reboso: Fine.
Mayor Ferre: Paul, you're leaving July 30th, so we have July too.
Mrs. Gordon: I would like to mention that the Chief said that he was hoping that
we would have it in September, if you recall, J. L.
Mr. Plummer: Yes, well, Rose, that was so the computers would be in,
Mr. Andrews: No, the reason for the September date was because of the national
attention that the International Chiefs of Police Organization is going to have
on Miami Beach and we were going to arrange a half a dat event including a seminar..
Mayor Ferre: Are you going to be hre in September or are you going to be in
Europe?
Mr. Andrews; Yes, I'll be here.
MAY 131976
Mr. Reboso: Mr. Mayor, but we can do the inauguration in June or July and at
the sate time we can have the...
Mayor Ferte: Ok, Well, I'M saying either way because if Paul Andrews is going
to be here in September then either way it doesn't really matter. I think
obviously Pahl Andrews ought to be there for the inauguration and if it is July,
fine. I have no objections to that.
Mr. Pittner.: You talk it over With the Chief.
Mr, Andrews: Well, I don't want to in any way detract from Whatever Commissioner
Reboso is trying to accomplish.
Mr. Reboso: I would suggest June if you could find a date, the Chief or you,
there are a lot of people waiting for the inauguration of that Building...
Mrs. Gordon: If you plan something in June I hope you won't plan it between the
19th and the 26th.
Mr. Andrews: Whatever we plan will have some alternate dates and we'll commun-
icate with all the members of the commission to make sure it doesn't constitute
a problem.
Mayor Ferre: Paul, we've got to do a lot of planning on this because Reboso has
just pointed out in June the Latin American Chamber of Commerce Meeting, all these
people are coming from all over South and Latin America and that might be a
good time to invite all our Colombian friends and the Mayor of Bogota and the
Mayor of Caracas and just tie it all together. �.
Mr. Reboso: So they can h•� ;,ern for the inauguration of the new building.
Mrs. Gordon: What date are they coming?
Mr. Reboso: 17, 18 and 19.
Mrs. Gordon: I'll be out of town. I have to go to Washington and I'm going with
the Chief, in fact, to Kentucky to a special pre -delinquency program and that
falls in that time between the 19th and the 25, I'll be out of Miami which led
me to ask you if we could change the June meeting, the second meeting.
73. AWARD BID - MISCELLANEOUS BUILDINGS -RIVERSIDE CHURCH PROPERTY
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-493
A RESOLUTION ACCEPTING THE BID OF GARCIA EQUIPMENT CORP. IN
THE AMOUNT OF $4,842 FOR THE RIVERSIDE BAPTIST CHURCH -
BUILDINGS DEMOLITION - 1976; ALLOCATING FUNDS FROM THE COM-
MUNITY DEVELOPMENT PROGRAM; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
84
MAY 131976
AUTHORIZE NNCITY MANAGER CHAMPION SPARK PLUG COMPANY
i4i NEGo(tATIoNPWI?H
HYDROPLANE RACING VNfi MARINE STAbIUM
The following tesolution was introduced by Commissioner Pluttttner, who Moved
its adoption:
RESOLUTION NO. 76494
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH CHAMPION SPARK PLUG COMPANY FOR THE STAGING OF
THE SIXTH ANNUAL CHAMPION SPARK UNLIMITED REGATTA AT MIAMI MARINE
STADIUM ON MAY 21, 22 AND 23, 1976.
(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: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
MIAMI TRAFFIC ASSOCIATION BOARD
75, APPOINT COMMISSIONER J,L,PLUMMER
The following motion was introduced by Commissioner Gordon, who moved its
adoption:
MOTION NO. 76-495
A MOTION APPOINTING CITY COMMISSIONER J. L. PLUMMER AS A MEMBER
OF THE MIAMI TRAFFIC ASSOCIATION BOARD TO FILL THE VACANCY
CREATED BY THE RESIGNATION OF COMMISSIONER MANOLO REBOSO.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
AUTHORIZE CITY MANAGER
76, TO EXECUTE AGREEMENT
MIAMI-DADE .JUNIOR COLLEGE
WORK-STUDY PROGRAM - LU STUDENTS
"RECREATION LEADERS"
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-496
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH MIAMI-DADE JUNIOR COLLEGE TO PARTICIPATE JOINTLY
IN A WORK-STUDY PROGRAM UNDER THE PROVISIONS OF TITLE 1, PART C,
SECTION 124, PUBLIC LAW 88-452, ALSO KNOWN AS THE ECONOMIC OPPOR-
TUNITY ACT OF 1964, FOR A PERIOD OF ONE(1) YEAR, EFFECTIVE JULY 1,
1976; SAID CONTRACT TO PROVIDE FOR UP TO 20 STUDENTS TO WORK AS
RECREATION LEADERS IN THE DEPARTMENT OF PARKS AND RECREATION AND
AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS FOR WAGES NOT TO
EXCEED 20% OF THE TOTAL AMOUNT PAID TO THESE RECREATION LEADERS.
(Here follows body of resolution, oritted 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, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES; None,
ABSENT; Reverend Gibson,
5 MAY131976
77 WAIVING PAYMENT OF
POOL ADMISSION
BETWEEN: DUNE 14 AND SEETEMI3ER 6, 1976
CITY OF MIAMI SWIMMING PO S
PERSONS UNDER THE AGE OF �o WHO ARE RESIbENTS
OF THE CITY
The following resolution was introduced by Con tissioner Cordons Who moved
its adoption:
RESOLUTION NO. 76497
A RESOLUTION WAIVING PAYMENT OE POOL ADMISSION FEES TO ALL CITY
SWIMMING POOLS BETWEEN JUNE 14, 1976 AND SEPTEMBER 6, 1976 INCLUS-
IVE BY PERSONS UNDER THE AGE OF 18 YEARS WHO ARE RESIDENTS OF THE
CITY OF MIAMI.
(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: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
78, MIAMI CITY EMPLOYEES RETIREMENT SYSTEM - "SECURITY PORTFOLIO"
DEFERRED AFTER BRIEF DISCUSSION
Mr. Androwp • The n xt r+At ter i! Q one involv±r a resolution --The "iami City
Employees Retirement System ;,-:'vision for custodial services for a security
portfolio.
Mayor Ferre: You're going to take custodial of this thing and who is going to
have custodial of it?
Mr. Andrews: Well, that's the part I want to tell you, is that Bankers, they
have provided that Bankers trust would do this. There is a savings of some
$14,000 as I understand as the result of this but Father Gibson's absence, you'll
recall he's the one that raised the question...
Mr. Plummer: I move that it be deferred.
Mayor Ferre: He wanted a local bank?
Mr. Andrews: Right. I just bring that to your attention....
Mayor Ferre: Defer the item until Father Gibson is present.
79, INTERAMA - ROADWAY DEDICATIONS THROUGH CITY OWNED LAND
Mr. Pndrp''s : The next item i.5 Tn_tcrame . Mt. crouch, mou1A von epnlain very
quickly to the commission holding a map up what's occuring as far as our 92.6
acres of land.
Mayor Ferre: It always comes up at 8 O'Clock in the evening.
Mr. Crouch: If you'll remember the Interama property and the city's property
which was 92.6 acres of land down along the southern border, we had approximately
3 months ago an inquiry from Dr. Graham of F.I.U. who asked that we consider ad-
justing right-of-way through this property to facilitate the improvements nec-
essary for F.I.U. to get under way. In looking at this we started to study the
situation. We found that in March 27, 1973 we got a deed from Interama Authority
for 92.6 acres of land to secure against the eight and a half million dollar
debt that was involved in the property. T.Je now in researching this matter of
- the Right-of-way found that on February 28, approximately one month before we
-
received the deed that the Interama had deeded to the State Department of Trans-
portation 3,29 acres of our land.
Mr, Plummer; They can't do it.
Mr. Crouch; They did it before we got it and we ended up with less than, we
ended up with 89,3 acres of land,.. Interama Authority did it.
MAY 1319?6
Mayor Ferte: I was on the INterania Authotity, So Ilia one of the culprits?
Shaine on you, 'ette,
Mt. Crouch: In addition to that here is the blow up of out.propetty and deter
mining this we find that there is this one and a half acres of out land that
le included in the lesser athount that we had that is virtually unusable. It is
50 feet oft this side but it constitutes an acre and a half of land over there in
the rightof=way that they ate eurretttly talking about, We are asking the coat=
mission to give direction to the City Attorney to look into the legal options
that we have on the Interama matter of deed and also to give the Manager direct-
ion where he can meet with Dr. Graham and the City of North Miami who own all
of this land over on this side to discuss with them an adjustment of the right -
of -.-ways in here to make this land usable as a part of ours and also they're
participating in half of the dedication that may or may not be given.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION N0. 76-498
A MOTION REQUESTING THE CITY ATTORNEY TO INVESTIGATE THE QUEST-
ION OF CITY -OWNED PROPERTY IN THE INTERAMA TRACT BEING USED FOR
RIGHT-OF-WAY IN CONNECTION WITH THE DEVELOPMENT OF SAID TRACT.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
Mr. Crouch: Mr. Mayor, there is one other matter. We have received an inquiry
from the external auditor of the State of Florida inquiring and asking us to put
in writing to them anything that is owed to the City of Miami by the Interama
Authority and I am suggesting that we indicate to them that we are short at this
time 3.29 acres of land with an appraised value of approximately a half a million
dollars that should be recorded with them at this time. Secondly, the fact that
in the agreement with the City of Miami there was with the Interama there was
an agreement that no sports stadium of greater capacity than 20,000 seats would
be constructed on any of the original property of the City of Miami. We feel
that that deed should be recorded so that we would have this control in compliance
with our agreement in future years.
Mrs. Gordon: Ok. Do you need a motion?
Mr. Crouch: No, ma'am, I just wanted to bring it to the attention of the com-
mission and we will so do that to the External Auditor.
PROPOSED FOR DOWNTOWN MIAMI
80, PEOPLE MOVER SYSTEM - SPECIALICITY/COUNTYSJOINTNMEETINGSG OF
Mr. Andrews: Mr. Mayor and members of the commission, I '•-ant 'fir. Crouch to de-
scribe to you what has happened as far as the People Mover in the central bus-
iness district and the direction that we're going and what the opportunities
are as the result of working with Metropolitan Dade County and the transit prog-
ram. We're optimistic that if we do this jointly that we very likely will be
appointed as the city to receive one third of that $150,000,000 that is avail-
able.
Mr. Crouch: As the City Commission at their last meeting indicated the great
opportunity that was available to this city in trying to make an application
for the grant of the possible, one of the three cities that would participate in
the $150,000,000 that the Urban Mass Transportation Administration would be mak-
ing available for demonstration grants for a People Mover System in 3 chosen
cities the criteria that's involved is that this is a matter that would be put
into effect in the fall of 1976. The money would be a quick action deal whereby
they would use on -shelf vehicles and control system...which has already been
developed, fully automated separating system with a maximum potential grant
of approximately $50,000,000. It is an 80-20 split and they'd look for 20% match-
ing funds from the local sponsoring agency.
Mayor Ferre; Does that mean out of #50,000,000 20 would come from us?
MAY 13 1976
Mr. Crouch: No. It would mean a potential of sixty-two and a half million dol-
lars... The federal grant is iiased upon an 80% contribution from the federal
government which could be up to the $50,000,000 and the local shate would be
20% which could bring it up to sixty-two and a half billion dollars that would
be available for the People Mover System. At the ptesent title we have met with
the county, we have formulated a joint task force that we ate working. We have
30 days to prepare and submit to, and follow with our letter of interest a pro-
posal.which has to he in great detail. We have furnished staff to Work with the
county staff, We feel that we need to trove forward with this jointly with the
county. The potential, and I'll say that the county is looking for the city to
come up with part of the local grant funds and this will be a part of the decis-
ion that the City Commission will have to be making somewhere down the line.
What we are working against in this 30 day time period is the need for special
meetings by the City Commission in joint session with the County Commission so
that we can hold what we estimate to be 3 public meetings that will be required
on this matter. We are suggesting that May 19th be the first one where the
City and County Commissions would get together after we have drafted the basic
outline of the concept that we have. Now on this map here are three different
routes that have been studied in the Wallace McHarg, Raiser and Beiswenger Hach
proposals for a People Mover System in the downtown area. We need to synthesize
this to get it into a thing that we've now taken into consideration. The known
now developments such as the Convention Center for service and to get up with a
thing that would meet the funding capabilities of this gra«: and to develop the
various justifications and the uses that would show that it was a project warr-
anting funding through the federal program. We would anticipate that another
joint public hearing between the City and County Commissions would be held approx-
imately May 26th or 28th and that a final joint public hearing would be held
approximately June 23rd or 25th in that vicinity. And what I am here specific- ,
ally is to see that the commission wishes us to go forward with the joint work
with the county staff to dev(21n3 this thing and that you're willing to meet joint-
ly
Mayor Ferre: We've already made a motion to that affect.
Mr. Crouch: Yes, sir, I know that. And that we can have and arrange for these
joint meetings because we are going to have to go pull in the Chamber of Commerce
and the local downtown people and the community into these meetings to get the
recognition from the federal government on the public support for this system.
That's part of our application. One other thing that we would be hoping for is
that a designated person from the county and City Commissions would work on a
task force that would meet periodically to review the progress along this way.
It is a very concentrated thing, we are putting 5 of our staff to work with about
7 of the county's and it is a very good opportunity and we're a very likely can-
didate for this.
1
Mr. Andrews: And that designee from the commission along with the County Commis-
sion would be prepared to go to Washington or anywhere else to state our case
because it is better from that ...
Mayor Ferre: I'd tell you, that's something that I would like to be involved in
since I've always had an interest in that. So if it's alright with the rest of
the commission I want to stay on it.
Mrs. Gordon: I nominate the Mayor as a candidate. ... Andy, when you set the
19th if you're expecting all of us to be at that public hearing, are you planning
it in the morning?
Mr. Crouch: The first one on May 19th, they have tentatively suggested the Terrace
Room of the Dupont Plaza at 9:30 A.M. if that would be possible.
Mrs. Gordon: Ok.
Mayor Ferre: Do we need a motion on that?
Mr. Crouch: No, sir, I believe that basically your instructions to the adminis-
tration to move forward and your willingncas....
Mayor Ferre; Let's go over it again. Let's get a motion, everything that's been
said that we agree to that Mr. Crouch has stated so it's on the record in its tot-
ality'
Mr. Plummer; We concur in what Mr. Crouch's remarks just were and I move the
adoption.
88
MAY 131976
The preceding motion Was introduced by Cotfifissiotzer PluMMet, seconded by
OMMMi8siehet Gordon and passed and adopted by a ufiatiiMOUs vote of the cctnmiss-
ionets pr'eseit, ABSENT: Reverend Gibson.
UNINTELLIGIBLE CONVERSATION
81. CHANGE MEETING DATE
FROM JUNE 17 tO JUNE 24, 1976-
' The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 76,499
A MOTION OF INTENT TO CHANGE THE DATE OP THE REGULAR MEETING
REGULARLY SCHEDULED TO BE HELD ON JUNE 24, 1976 TO JUNE 17,
1976.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
URGE SENATOR CHILES AND SENATOR STONE TO FIGHT FOR ENACTMENT OF
82, PUBLIC WORKS EMPLOYMENT ACT OF 1976 CONTAINING COUNTERCYCLICAL
FISCAL ASSISTANCE AMENDMENT BY EN MUSKIE
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-500
A RESOLUTION URGING SENATORS CHILES AND STONE TO FIGHT FOR
ENACTMENT OF THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 CONTAIN-
ING THE COUNTERCYCLICAL FISCAL ASSISTANCE AMENDMENT BY SENATOR
MUSKIE, AND ALSO URGING ALL MEMBERS OF THE FLORIDA DELEGATION
TO THE HOUSE OF REPRESENTATIVES TO INCORPORATE A COUNTER CYCLICAL
FISCAL PROVISION IN THE LOCAL PUBLIC WORKS CAPITAL DEVELOPMENT
AND INVESTMENT ACT OF 1976 AND THEREAFTER FIGHT FOR ITS ENACT-
MENT.
(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: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
H3. MOTION OF INTENT PERMIT USE OF ORANGE BOWL PRESS BOX
BOY SCOUTS OF AMERICA SPONSORED BY DOLPHINS
Mr. Andrews, Mr, Mayor, we get unusual number of requests to use the press facil-
ities in the Orange Bowl for events other than that connected with. the users and
we have been restricting the use of any events to the users. We've gotten a re-
quest from, this is an appropriate request, from the Dolphins in reference to the
South Florida Scouting who will again be the recipients of the net proceeds of
their 1976 awards bankquet to be held on July 21st, 1976 at the Fountainbleu
Hotel on Miami Beach, In order to assist the Dolphins in programming a promotion
we request the use of the press box lounge in the Orange Bowl for a kick off rally
on May 25th, 1976 from 5 P.M. to 7 P,M. We would need access to the lounge for
decorating purposes, and so forth, And I'm recommending that we go ahead and
grant this for the Boy Scouts through the Dolphins and I guess it's the Girl Scouts
as well,
MAY 131975
84,
The following (notion was introduced by Commissioner Gordon, who moved its
adoption:
MOTION NO, 76-501
A MOTION OF INTENT TO PERMIT USE OF THE ORANGE BOWL PRESS BOX
BY THE BOY SCOUTS OP AMERICA, SPONSORED BY THE MIAMI DOLPHINS.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, MrR. Gordon and Mayor Terre.
NOES: None.
ABSENT: Reverend Gibson.
MOTION OF INTENT COMMISSIOV ER PLUMOER AND CHIEF HICKMAN
TO PAY EXPENSES VISIT TO J3OGATA, I.OLUMBIA FOR PARTICIPATION IN
OF "SISTER CITY PROGRAM"
The following motion was introduced by Commissioner Reboso, who moved its
adoption:
MOTION NO. 76-502
A MOTION OF INTENT TO AUTHORIZE PAYMENT OF EXPENSES OF CITY
COMMISSIONER J. L. PLUMMER, JR. AND FIRE CHIEF DON HICKMAN IN
CONNECTION WITH THEIR VISIT TO BOGOTA, COLOMBIA TO PARTICIPATE
IN THE SISTER CITY ; ROGRAM.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
EXPRESSION OF GRATITUDE
TO FOUR CANDIDATES WHO
85, APPLIED FOR POSIIION OF
CITY MANAGER OF MIAMI
•
The following resolution was
its adoption:
FRANK SP NC�t
MERRETT R. JTIERHEIM
WALTER C, KANE
JEROME F. MILLER
introduced by Commissioner Gordon who moved
RESOLUTION NO. 76-503
A RESOLUTION EXPRESSING GRATITUDE FOR THE INTEREST SHOWN BY
ME. FRANK SPENCE IN HIS POSSIBLE CONTRIBUTION TO HELP GOVERN
THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
MAY 131976
The following resolution was introduced by CotfnisSioier Gofdon who moved
its adoption:
RESOLUTION NO. 76504
A RESOLUTION EXPRESSING GRATITUDE FOR THE INTEREs1 SHOWN EY
Mr. WARATT R. STIER t4 IN HIS POSSIBLE CONTRIB1JtION TO HELP COWAN
THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution) omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was passed and
adopted by the following vote -
AYES: Mr, Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None,
ABSENT: Reverend Gibson.
The following resolution was introduced by Commissioner Gordon who moved
its adoption:
RESOLUTION NO. 76-505'
A RESOLUTION EXPRESSING GRATITUDE FOR THE INTEREST SHOWN BY
Mr. WALTER C. KANE IN HIS POSSIBLE CONTRIBUTION TO HELP GOVERN
THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
The following resolution was introduced by Commissioner Gordon who moved
its adoption:
RESOLUTION NO. 76-506
A RESOLUTION EXPRESSING GRATITUDE FOR THE INTEREST SHOWN BY
Mr. JEROME F. MILLER IN HIS POSSIBLE CONTRIBUTION TO HELP GOVERN
THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was passed and
adopted by the following vote -
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Reverend Gibson.
WAIVE PERCENTAGE FEE OF "ARTS AND CRAFTS BAZAAR"
86, CITY PROFITS ON NATIONAL ORGANIZATION OF WOMEN
The following resolution vas introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-507
A RESOLUTION WAIVING THE PERCENTAGE OF THE CITY'S PROFITS ON
THE "ARTS AND CRAFTS BIZARRE" SPONSORED BY THE NATIONAL ORGAN-
IZATION OF WOMEN, TO BE HELD ON MAY 29, 1976, FOR USE OF THE
MIAMI RIVER WALKWAY AT THE YWCA, SUBJECT TO THE PAYMENT OF
THE $5 SURCHARGE AND THE $30 INSURANCE FEE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES; Mr, Plummer, Mr. 1eboso, Mrs, Gordon and Mayor Ferre.
NOES:None,
AUMAY 1 3 976
BSgNT: Iteverend. 44beon. � / M.
•
87. CONSENT twy8RIEF DISCUSSION
Mtn. Lloyd: One more brief matter of information. purRut►nt to a court otder is
our lawsuit involving the Consent Decree which has been set aside temporatily by
the judger there has been some discussion with the police Union. They made some
demands. the justice Department has rejected they] and will place before the court
for resubmission the Consent Decree. That's all.
THERE BEING NO FURTHtR BJJ$INESS TO COME BEFORE THE CITY COMMISSION THE
MEETING WAS ADJOURNED AT :1O O'CLOCK f'LIh
MtWt ce A. Femme
MAYOR
ATTEST:
H. D. Sou theAn
CITY CLERK
Raeph G. Ongie
ASSISTANT CITY CLERK
1
10
11
12
CITY OF MIAMI
DOCUMENT
IN
DOCUMENT IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
ACCEPTING THE COMPLETED CONSTRUCTION OF
GOODWIN, INC. FOR THE CONSTRUCTION OF GLENROY-
AL SANITARY SEWER IMPROVEMENT SR-5374 C AND
SR-5374 S
CONFIRMING ORDERING RESOLUTION NO. 76-92
CONFIRMING THE ASSESSMENT ROLL FOR THE CON-
STRUCTION OF THE SAN MARCO SANITARY SEWER
IMPROVEMENT SR-5316 C IN SAN MARCO SANITARY
SEWER IMPROVEMENT DISTRICT SR-5316 C
CONFIRMING THE ASSESSMENT ROLL FOR THE CON-
STRUCTION OF REID ACRES HIGHWAY IMPROVEMENT
H-4349 IN REID ACRES HIGHWAY IMPROVEMENT DIS-
TRICT H-4349
GRANTING APPROVAL FOR THE WAIVER OF DEVELOP-
MENT OF 61 OF 309 REQUIRED OFF-STREET PARKING
SPACE SUBJECT TO YEARLY REVIEW, AS PROVIDED
IN ORDINANCE NO. 6871, ARTICLE XXIII, SECTION
2(6)
APPROVING A ONE YEAR EXTENSION OF THE VARI-
ANCE FROM ORDINANCE 6871, ARTICLE XXIII, SEC-
TION 4, TO PERMIT RESTAURANT ON LOTS 22 AND
23, BLOCK 1, COMMERCIAL PLAZA.
WAIVING THE REQUIREMENT OF THE CONTRACT DOCU-
MENTS FOR THE CHOPIN PLAZA STORM SEWER RE-
PAIR -1976 WHICH REQUIRE THAT A FINANCIAL
RATING OF A+AAA BE POSSESSED BY THE INSURANCE
CARRIER ISSUING THE PERFORMANCE BOND
ACCEPTING THE COMPLETED WORK PERFORMED BY
ATLANTIC FOUNDATION CO., INC. AT A TOTAL
COST OF $459,411.44.
ACCEPTING THE COMPLETED CONSTRUCTION OF IRPCO
PAVING CO., INC., FOR THE GRAPELAND HEIGHTS
PARK-PARKING-1975, AT A TOTAL COST OF
$23,366
ALLOCATING $695,000 FOR PROFESSIONAL SERVICES
FOR THE DOWNTOWN CONVENTION CENTER FROM THE
ACCOUNT ENTITLED "CONVENTION CENTER BOND
FUNDS",
ALLOCATING THE AMOUNT OF $227,273 FOR PRO-
FESSIONAL SERVICES FOR THE DINNER KEY RECREA-N
TION CENTER/EXPOSITION HALL FROM THE ACCOUNT
ENTITLED "CAPITAL IMPROVEMENT FUND -UNALLO-
CATED FUNDS",
IVIMETING DATE:
May 13, 1976
COMMISSION RETRIEVAL
ACTION CODE NO,
R-76-445
R-76-446
R-76-447
R-76-448
R-76-450
R-76-451
R-76.-452
R-76-453
R-76-454
R-76-45
R-76•-45(
0088
76-445
76-446
76-447
76-448
76-•450
76-451
76-452
76-453
76-454
76-455
76-456
1
1i l NO,
13
14
15
16
17
18
19
20
21
22
23
24
25
26
.27
DOCUMENT IDENTIFICATION
CUMIE
ONTIN UED
ACT/ ON _ I CODE NO i
AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT WITH THE DEPARTMENT WITH THE
DEPARTMENT OF TRANSPORTATION FOR THE EXTENSION
OF BICENTENNIAL PARK WITH THE CONSTRUCTION
THEREON OF FACILITIES FOR PARK PURPOSES, 0.718
+ ACRES OF D.O.T. PROPERTY
ACCEPTING FOR HIGHWAY IMPROVEMENT THE HIGHWAY
RIGHT-OF-WAY DEED OF DEDICATION, A COPY OF
SAME ATTACHED, FROM F. ALLEN BLISS AND JANET
A. BLISS.
GRANTING A PERMIT TO MONROE E. ZLAKIN AND
BEVERLY ZALKIN.
ACCEPTING THE PLAT ENTITLED ALONSO SUBDIVISION
A SUBDIVISION IN THE CITY OF MIAMI.
ACCEPTING THE PLAT ENTITLED PROJECT GEMINI, A
SUBDIVISION OF THE CITY OF MIAMI.
ACCEPTING THE PLAT ENTITLED MIRTA GARDENS, A
SUBDIVISION IN THE CITY OF MIAMI.
ACCEPTING THE BID OF CARL J. HOENES, INC. IN
THE AMOUNT OF $53,350 FOR SHENANDOAH PARK -
COMMUNITY BUILDING IMPROVEMENTS-1976
ACCEPTING THE BID OF METRO CONTRACTORS CO.,
INC. FOR THE AMOUNT OF $119,190 FOR THE
DOUGLAS PARK-IMPROVEMENTS-1976
ACCEPTING THE BID OF PERSANT CONSTRUCTION
CO., INC., IN THE AMOUNT OF $66,699 FOR THE
EDISON PARK/LITTLE RIVER COMMUNITY DEVELOP-
MENT HIGHWAY PROJECT.
ACCEPTING THE BID OF HOLLAND PAVING, CO., INC
IN THE AMOUNT OF $417,295.25
ACCEPTING THE BID OF D.M.P. CORPORATION IN
THE AMOUNT OF $40,637 FOR BID "C" (SANITARY
SEWERS) FOR THE PROJECT ENTITLED "WYNWOOD
PAVING PROJECT B-4398
ACCEPTING THE BID OF HOLLAND PAVING CO., INC.
IN THE AMOUNT OF $296,776.70
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH CATERING BY DAVID LYNN, INC
FOR THE FOOD AND BEVERAGE CONCESSION RIGHTS
AND FACILITIES AT THE NEW MIAMI POLICE DE-
PARTMENT BUILDING.
ACCEPTING THE BID OF DICTAPHONE CORPORATION
FOR FURNISHING THE POLICE DEPARTMENT WITH
ONE MULTI -CHANNEL LOGGING REPRODUCER AND ONE
YEAR MAINTENANCE, AT A TOTAL COST OF $7,918
ACCEPTING THE PROPOSAL OF ALLIED CHLORINE
AND CHEMICAL CO, TO FURNISH CHLORINE AND 65$
70% AVAILABLE CHLORINE CALCIUM HYPOCHLORIDE
R-76-457
R-76-458
R-76-459
R-76-460
R-76-461
R-76-462
R-76-463
R-76-464
R-76-465
R-76-466
R-76-467
R-76-468
R-76-469
R-76-470
76-457
76-458
76-459
76-460
76-461
76-462
76-463
76-464
76-465
76-466
76-467
76-468
76-469
76-470
CUMENTI N DEX
ONTINUED
rEm NO. DOCUMENT IDENTIFICATION
28
29
30
31
32
33
34
35
36
37
38
39
40
HTH FOR ONE YEAR, AS REQUIRED, ON A UNIT COST
BASIS, AT A TOTAL COST NOT TO EXCEED
$11,570.63.
ACCEPTING THE FOLLOWING BIDS FOR A PERIOD OF
ONE YEAR.
AMENDING RESOLUTION NO. 76-20
AMENDING RESOLUTION NO. 76-312
RECEIVING THE ANNUAL POST AUDIT REPORT PRE-
PARED BY TOUCHE, ROSS, COMPANY.
APPROVING PROPOSED LEGISLATION BY REPRESENTA-
TIVE JOSEPH GERSTEN WHICH WOULD ENABLE METER
MAIDS TO ISSUE PARKING VIOLATION CITATIONS.
RECOMMENDING ADOPTION OF THE PROPOSED DADE
COUNTY ORDINANCE GOVERNING ATMOSPHERIC SULFUR
DIOXIDE EMISSION LEVELS, SUBJECT TO THE EXEMP-
TION OF THE CITY OF MIAMI'S N.E. 20 STREET IN-
CINERATOR OPERATION FROM THE APPLICATION
THEREOF.
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE MANPOWER PLANNING COUNCIL
OF DADE AND MONROE COUNTIES TO IMPLEMENT A
MIAMI-SUMMER TEEN EMPLOYMENT PROGRAM.
APPROVING AND RATIFYING THE ACTION TAKEN BY
THE CITY MANAGER IN THE SUBMISSION OF A GRANT
APPLICATION TO THE U.S. DEPARTMENT OF HEALTH
EDUCATION AND WELFARE FOR A CHILD DAY CARE
PARENT TRAINING DEMONSTRATION PROGRAM.
RATIFYING AND APPROVING THE ACTION TAKEN BY
THE CITY MANAGER IN THE SUBMISSION OF A
GRANT APPLICATION TO THE STATE OF FLORIDA,
DEPARTMENT OF HEALTH AND REHABILITATIVE SER-
VICES, RETARDATION PROGRAM OFFICE, FOR RECRE-
ATION PROGRAMS FOR MENTALLY RETARDED ADULTS.
RATIFYING AND APPROVING THE ACTION TAKEN BY
THE CITY MANAGER IN THE SUBMISSION OF A GRANT
APPLICATION TO THE STATE OF FLORIDA, DEPART-
MENT OF HEALTH AND REHABILITATIVE SERVICES,
RETARDATION PROGRAM OFFICE.
WAIVING THE RENTAL FEE FOR THE USE OF DINNER
KEY AUDITORIUM OF MAY 28 AND 29, 1976 FOR A
RARE FRUIT TREE SALE SPONSORED BY THE RARE
FRUIT COUNCIL OF SOUTH FLORIDA, INC.
ESTABLISHING THE CITY OF MIAMI DISASTER PRE-
PAREDNESS ORGANIZATTON
PROVIDING FOR THE CONTINUITY OF THE EXECUTIVE
FUNCTIONS OF THE GOVERNMENT OF THE CITY OF
MIAMI, STATE OF FLORIDA, IN THE EVENT OF
ATTACK UPON THE UNITED STATES, BY THE DESIGN--
ATION OF ADDITIONAL OFFICERS TO SERVE FOR
THE DULY ELECTED COMMISSIONERS OF THE CITY
A
?ION
CODE NO.
R-76-471 76-471
R-76-472 76-472
R-76-476 76-476
R-76-477 76-477
R-76-479 76-479
R-76-480
R-76-481
R-76-482
R-76-483
R-76-484
R-76-485
R-76-486
R-76-487
R-76-488
76-480
76-481
76-482
76-483
76-484
76-485
76-486
76-487
76..488
OCU ENFINDEX
TDM NO
meremommili
41
42
43
44
45
46
47
48
49
50
51
52
53
DOCUMENT IDENTIFICATION
ADOPTING THE CITY OF MIAMI EMERGENCY OPERA-
TIONS PLAN AS FILED WITH THE CITY CLERK ON
APRIL 22, 1976.
DENYING THE CHANGE OF ZONING CLASSIFICATION
FROM R.-5 (HIGH DENSITY MULTIPLE) TO R-3 (LOW
DENSITY MULTIPLE) FOR PROPERTY KNOWN AS FAIR
ISLE
DIRECTING THE CITY ATTORNEY NOT TO PROCEED
WITH THE APPEAL IN THE CASE OF THE CITY OF
MIAMI, FLORIDA VS. SOUTHEAST FIRST NATIONAL
BANK OF MIAMI, CIVIL ACTION NO. 74-13877
ACCEPTING THE BID OF GARCIA EQUIPMENT CORP.
IN THE AMOUNT OF $4,842 FOR THE RIVERSIDE
BAPTIST CHURCH -BUILDINGS DEMOLITION-1976
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH CHAMPION SPARK PLUG COMPANY FOF
THE STAGING OF THE SIXTH ANNUAL CHAMPION
SPARK PLUG UNLIMITED REGATTA AT MIAMI MARINE
STADIUM ON MAY 21, 22 AND 23, 1976
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH MIAMI-DADE JUNIOR COLLEGE
WAIVING PAYMENT OF POOL ADMISSTION FEES TO
ALL CITY SWIMMING POOLS BETWEEN JUNE 14, 1976
AND SEPTEMBER 6, 1976 INCLUSIBE BY PERSONS
UNDER THE AGE OF 18 YEARS WHO ARE RESIDENTS
OF THE CITY OF MIAMI
URGING SENATORS CHILES AND STONE TO FIGHT FOR
ENACTMENT OF THE PUBLIC WORKS EMPLOYMENT ACT
OF 1976 CONTAINING THE COUNTERCYCLICAL FISCAL
ASSISTANCE AMENDMENT BY SENATOR MUSKIE.
EXPRESSING GRATITUDE FOR THE INTEREST SHOWN
BY MR. FRANK SPENCE IN HIS POSSIBLE CONTRI-
BUTION TO HELP GOVERN THE CITY OF MAIMI
EXPRESSING GRATITUDE FOR THE INTEREST SHOWN
BY MR. MERRETT R. STIERHEIM IN HIS POSSIBLE
CONTRIBUTION TO HELP GOVERN THE CITY OF MIAMI
EXPRESSING GRATITUDE FOR THE INTEREST SHOWN
BY MR, WALTER C. KANE IN HIS POSSIBLE CONTRI-
BUTION TO HELP GOVERN THE CITY OF MIAMI
EXPRESSING GRATITUDE FOR THE INTEREST SHOWN
BY MR. JEROME F, MILLER IN HIS POSSILBE CON-
TRIBUTION TO HELP GOVERN THE CITY OF MIAMI
WAIVING THE PERCENTAGE OF THE CITY'S PROFITS
ON THE "ARTS AND CRAFTS BIZARRE" SPONSORED BY
THE NATIONAL ORGANIZATION OF WOMEN, TO BE
HELD ON MAY 29, 1976
6 N
ACTION COTT NO..
R-76-489
R-76-490
R-76-491
R-76-493
R-76-494
R-76-496
R-76-497
R-76-500
R-76-503
R-76-504
R-76-505
R-76-506
R-76-507
76=489
76-490
76-491
76-493
76-494
76-496
76-497
76-500
76-503
76-504
76..505
76-506
76'-507