HomeMy WebLinkAboutCC 1976-05-27 MinutesI I • I P .1 I •
I NCORP ()RATED
18 96
COIVIMISSION
MINUTES
OF MEETING HELD ON MAY 77. 1976
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H, D, SOUTHERN
CITY CLERK
RALPH 6, ON6IE
ASSISTANT CITY CLERK
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO SUBJECT
1, 'PER:AN:IL APPEARANCE 0 MR. JOSC. CLARK 32 CLARK
,STANDARD SERVICE STATION.
2. 4REQUEST CITYtS FINANCIAL SUPPORT IN SPONSORING "1776"
N IN GUSMAN HALL.
3, PERSONAL APPEARANCE OF MR. ROD GLAU3MAN REQUESTING
PERMISSION TO HOLD CONCERT IN PEACOCK PARK.
4. S.S. MISSOURI APPLICATION.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17,
18,
19,
20,
LETTER OF APPRECIATION TO RICHARD RENICK FOR SPONSOR-
ING SENATE BILL 200 DEALING WITH SENTENCES FOR CON-
VICTED BOMBERS.
PRESENTATIONS, PLAQUES, PROCLAMATIONS AND SPECIAL ITE
REQUEST CHANGE OF ZONING - REPLICA PUBLISHING CO. -
601 N.W. 30 AVENUE, GROSSE POINTE HIGHLAND ADD.
CRITICISM OF IRRESPONSIBLE "OKEECHOBEE JOE" CARTOON
PUBLISHED BY THE MIAMI HERALD WITH REFERENCE TO THE
RECENT ARSON IN DOWNTOWN MIAMI.
DENY CHANGE OF ZONING - PROPERTIES ON AND ADJACENT TO
BISCAYNE BAY FROM OSCEOLA CANAL TO MERCY HOSPITAL
PROPERTY.
ACCPET COMPLETED WORK PERFORMED BY ORLANDO MENDEZ, INC
FOR ALLAPATTAII COMSTOCK PARK-PAVILLION.
AUTHORIZE 10% RETAINAGE FOR MIAMI MODERN POLICE
HEADQUARTERS BUILDING.
PLAT ACCEPTANCE - A.M.U. SUBDIVISION.
ACCEPT COVENANT TO RUN WITH THE LAND EXECUTED BY
SILVERTOWN, INC. - TREES SUBDIVISION.
AMEND 8464, THE APPROPRIATIONS ORDINANCE TO INCLUDE
UNANTICIPATED REVENUES OF $32,000 AND TO INCLUDE ANTI-
CIPATED EXPENDITURES OF $32,000 FOR INTERNATIONAL
FOLK FESTIVAL & INTERNATIONAL BALL.
RATIFY ACTION OF CITY MANAGER -LEASE AGREEMENT WITH
DADE COUNTY, 1150 N.W. 20 STREET FOR SOLID WASTE TRANS
FER STATION.
RATIFY ACTION OF CITY MANAGER IN ENGAGING SERVICES OF
R.W. BECK AND ASSOCIATES TO PROVIDE ASSISTANCE IN
FRANCHISE NEGOTIATIONS WITH SOUTHERN BELL TELEPHONE
AND TELEGRAPH CO,, INC.
iDISCUSSION OF DADE COUNTY SEAPORT REVENUE BONDS.61 NEW
ORDINANCE OR
RESOLUTION NO, PAGE NoI
gairsicammaikkalumosalloimillimmilooloi
PORT OF MIAMI CONSTRUCTION PROGRAM.
:1
r
GRANT APPLICATIONU,S, DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR A MIAMI MANAGEMENT IMPROVEMENT FRoGRA/
MISCELLANEOUS DISCUSSION ITEMS -AIR RIGHTS, TRANSFER 0A
DEVELOPMENT RIGHTS, PROPOSED FEDERAL RESERVE DANK,
GRANT AFFLICATION-FDDERAL MIGRWAY ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION FOR A COCONUT CROW
BIKEWAYS DM/DWI:WWI MORAL
14 76-508
DISCUSSION
,
-
M 76-510
DENIED BY
M 76-511
DISCUSSION
DENIED BY
M 76-512
R 76-513
R 76-514
R 76-515
R 76-516
8553
R 76-517
R 76-518
M 76-519
R 76-520
DISCUSSION
R 76'521
1
1-4
'5-6
7-9
10
10
11
11-12
13
13-24
24
25
25
26
26
27
27-78
" 28-36
37
37-39
39
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO, SUBJECT
aa5
t1
21, 'AUTHORIZE ISSUANCE OF DUPLICATE ZIT: OF M:AMI TAX SALE
CERTIFICATES-BRIAN WALLACE; CERTIFICATE NO. 77. `! R 76-522 J40
ORDINANCE OA
RESOLUTION NO, PAGE NO
.. ... - iildti 9YilYfYtiilliiYi
22. ?AUTHORIZE ALLOCATION OF ADDITIONAL FUNDS FOR SALARY
ALLAN POMS, RESIDENT ENGINEER AT THE MIAMI MODERN
POLICE HEADQUARTERS.
23. ONE-YEAR EXTENSION OF EMPLOYMENT PAST AGE OF 72 :OR
HARRY PEARLMAN; REQUEST MANAGER TO STUDY EXTENSIONS
'EMPLOYMENT OF PERSONS OVER AGE 65.
24. PRESENTATION BY MR. MAX FORMAN, PROGRAM COORDINATOR
FOR HANDICAPPED PROGRAMS.
25. WAIVER OF RENTAL FEE OF MIAMI STADIUM BY MARANTHA
ACADEMY.
26. WAIVER OF RENTAL FEES FOR USE OF LEGION PARK BY
MAC TOWN.
27. SOUTHERN BELL FRANCHISE.
28. CHANGE DATE OF FIRST COMMISSION MEETING IN JUNE TO
JUNE 9, 1976.
29. PRESENTATION OF PHOTO ALBUMN TO COMMISSIONER J. L.
PLUMMER JR. BY MR. WILLIE GORT.
OF
R 76-523 40
OF R 76-524
M 76-525
M 76-526
R 76-527
R 76-528
DISCUSSION
M 76-529
30. CIVIL SERVICE ENTRANCE EXAMINATIONS. M 76-530
M 76-531
DISCUSSION
M 76-532
DISCUSSION
35. MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM -PROVISION OF
CUSTODIAL SERVICES FOR SECURITY PORTFOLIO. DEFERRED
31. CENTRAL SHOPPING CENTER EXIT FROM REAR, SET DATE FOR
PUBLIC HEARING.
32. SELECTION OF THREE FIRMS FOR EXTERNAL AUDIT IN ORDER
OF PREFERENCE.
33. DEDICATION OF MIAMI MODERN POLICE HEADQUARTERS BUILD-
ING, SETTING DATE.
34. DISCUSSION OF POLICE DEPARTMENT BRINGING WOMEN TO YWCA
FOR HOUSING AND THE DEBT INCURRED THEREOF.
36. APPOINT REYNA PADILLA TO YOUTH ADVISORY BOARD. 1 M 75-533
37. BID ACCEPTANCE-MASSEY-FERGUSON, INC., FOR FRONT END
LOADER. R 76-534
40-43
43-45
i45
45
46-59
60
60
60-65
66
66-67
67
67
67-68
68
68
38, REQUEST CITY MANAGER TO ASSIT. IN PREPARATION FOR THE
DEDICATION CEREMONY FOR THE STATUE OF JUAN PABLO
DUARTES, FOUNDER OF THE COMINICAN REPUBLIC. y M 76-535 69
39. BID ACCEPTANCE-BISCAYNE CONSTRUCTION, INC. - ORANGE y'
BOWL WATER MAIN IMPROVEMENT - 1975(3rd Bidding). R 76-536
69
40. BID ACCEPTANCE-LOWELL DUNN CO. - VIRGINIA KEY FILL
PHASE II - 1976, R 76-537
41. WAIVE REQUIREMENT OF CONTRACT DOCUMENTS FOR 1�OUGI,A5
PARK IMPROVEMENTS WHICH REQUIRE A FINANCIAL RATING OF
BE POSESSED BY THE INSURANCE CARRIER ISSUING TH_ R 76=538
TH PERFORMANCE .RF0
C
RMAN.,
E BOND AND INSURANCE,
69
70
1tdiA
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO, SUBJECT
°ROMNANCE OR
RtSOLUflON NO PW E NO.
42. 'BID ACCEPTANCE-G3SAii.': fi1`.. DATlu:; C.O. rGa
I ERTY PARK DEVELOPMENT-BIGENTEN`1 .L Ai i< uJi. -iEAD. R 76-539
43,
SET DATE FOR COMPREHENSIVE ZONING aEA:ING.
44. CHANGE DATE OF FIRST COMMISSION MEETING IN iU E TO
.JUNE 9, 1976. R 76-540 '71
1
70
,71
45. SET DATE FOR PUBLIC HEARING ON THE PROPOSED BUDGET OF
THE OFF-STREET PARKING AUTHORITY FOR JUNE 9, 1976.
46.
47.
R 76-541
SET DATE FOR PUBLIC HEARING ON THE PROPOSED BUDGET OF
GUSMAN HALL AND THE OLYMPIA BUILDING FOR JUNE 9, 1976.N R 76-542
REQUEST CITY MANAGER TO CONSULT WITH NORA SWAN IN AN
EFFORT TO ASSIST WITH "IN HOUSE" SERVICES IN CONNECTfl
-
ION WITH A BICENTENNIAL SPECTACULAR ON JULY 3RD. P M 76-543
71
IJ72
72
MINUTES OF REGULAR t1EETING OF THE
CITY COtitiISSIOJ OF 1IAM1, FLORIDA
ON THE 27 T H DAY OF MAY, 2-%5, THE. CM/ COMM ► SS i O\' OF AM I,
FLORIDA MET AT ITS R`GJLAR MEETING 'LACE :N SHE CITY HALL,,
SHOO PAN AMERICAN DRIVE, i IIAMI, LORIDA IN REGULAR SESSION,
T
I fHE MEETING WAS CALLED 70 ORDER AT 9:04 O'CLOCK A. M, BY
MAYOR NAURICE A. FERRE 'h' T;. THE FOLLOWING MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT:
Cornrn 5-s.ione t Manua Rebo,so
Commi66Lone& J. L. numme.n., Jt.
Comma-sionel (Rev. ) Theodore Gio4on
Vice -Mayon. Rose Goo:don
Mayon Mauni.ce A. Fenne
ALSO PRESENT:
P. W. Andn.ew6, City Manage&
A, P. Ckoueh, Azs.L4tant City Managers
John S. Lloyd, City A.tok.ney
H. D. Sou.then&, City C.E'ekk
Ratph G. Ong.Le, Assistant City C.!'e'Lk
AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN
LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG.
A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED
AND SECONDED AND WAS PASSED UNANIMOUSLY.
1. PERSONAL APPEARANCE OF Mt. JOSE B. CLARK OF CLARK STANDARD SERVICE
STATION
Mayor Ferre: Dr. Stokes, if you'll forgive us for a second, there are a couple
of pocket items that we're going to have to take up this morning and then we'll
get to the regular agenda. The first one, Mr. Andrews, we have with us Mr. Jose
Clark of Clark Standard Service which is a service station between Bicentennial
Park and the Port Boulevard, as a matter of fact, it's right off Port Boulevard.
It's at the corner there, which now that we've taken from the F.E.C. property,
that's one of the stations that's going to be torn down. I'll read his letter
and then he could state his case for us. This is addressed to this Commission:
"As you know, due to the construction of the Bicentennial Park, all business
establishments located in that area have to be evacuated. I happen to be one of
those affected by that measure which will lead undoubtly to the beautification
of our city, but unfortunately this plausible goal is not being matched by the
procedure followed to implement it which looks very harsh and unfair.
I have received notice to evacuate our place, Clark Standard, where I have
been for eight years starting as an employee. Unbelievably this notice mandates
that we must leave in fifteen days. As you know, we are not being compensated
at all neithr:r by Standard Oil, not by the City of Miami. In view of such short
evacuation notice which certainly poses a terrible economic penalty upon those
who like myself have worked extremely hard in order to reach our present entre-
preneurial level, it seems that at least some special consideration should be
given to our case.
In order to minimize the negative impact that this evacuation will imply, .[
respectfully request from you and the honorable City Commissioners that at leapt
a 90 day grace period be granted. In this way we will be able to collect unpaid
bills and make the necessary arrangements to resume our entrepreneurial work
elsewhere, thus enabling a good number of good citizens to continue being self
supporting, rather than joining the unemployed.ranks."
Mayor Ferre: I think the letter speaks for itself. Basically, what the man is
saying is that he's got ]5 days notice and he's got accounts receivable that he
can't collect and wouldn't the City give him a little more time,
Mrs. Gordon: Mr. Mayor, could we ask Mr, Lloyd for the Legal point of view on
this?
MAY 271976
Mr. Llop,: e7 ! , here is the situation. The Law Department and tare adninistrat-
ion was under a t:,andate by this City Commission to proceed expeditiously with the
taking nt 3 of 4 parcels of property. Now there are 1 parcels fronting on
Biscayne Boulevard. A large parcel which we already, We the Parks Department,
is already substantially at work in putting portions of the park ih there.
There are two other. parcels. This is the southern smaller parcel which housys
the Standard Station. There to another parcel to the north of this larger
Middle parcel which houses the Merlin Auto Rental Agency now defunct, to another
corporation and a corporation and a billboard advertising sign to top it and
then an Amoco station. Now then, we had to show the court in the declaration
of taking hearing on the order that we need t;:is property now, immed-
iately for park purposeE; that i.t was necessary for chat ana indeed we were asked
the speciric :;ueat-ion by the court, "How long will it make you to begin construct-
ion and get :roving on this in the event a declaration of taking is granted?"
The answer by our people was under oath, "30 days". Now, if you allow a sub-
stantial period of time to elapse, you may place in jeopardy your whole condem-
nation proceeding and indeed even thisone by virtue of an accusation of bad
faith.
Mayor Ferro: On the other hand, John, when you ask a man to shut his business
down in two weeks, that is a mighty sharp...
Mr. Lloyd: .ir. :?rvor, this proceeding has been going on for four years and I
have been constantly reminded of this by this commission, Mr. Alvah Chapman,
Mr. William Colson of the Parks for People Committee and everybody else and
indeed I have had a call from the Herald Attorney saying, "When will 1 be able
to tell Mr. Alvah Chapman that he can no longer get gas at these gas stations?"
Now this is up to the commission. I have nothing more to say on the matter -
it is up to vou. Now we have two gas stations.
Mayor Ferre: Now it isn't up to us from what you're telling me, it's a legal
thing and we really don't...
Mr. Lloyd: Now this is a statuatory notice. Further, this notice was given
over two weeks ago and we have already extended it to June J3th and we have a
letter from the Standard Oil Company. We agreed to 30 days which is as long
as I thought wi could under our testimony before the court with the proviso
that some progress would be made to the removal of items from the gas station.
The lessor, the Standard 0i1 Company, has agreed to this and will go ahead and
make those necessary arrangements. Now we have the same problem with the Amoco
Station on the northcr•n site, See?
Rev. Gibson: Does tha: apply to all of the stations?
Mr. Lloyd: Two sent ions.
Rev. Gibson: Are both of them saying the same thing?
Mr. Lloyd: Both are saying the same thing, practically.
Rev. Gibson: Where rrrco they?
Mr. Lloyd: 'elf now, as T said, Mr. Clark and the Standard Station is on the
southern p-ars,:ol. It's opposite the Freedom Tower.
Mr. Jose Clark: l'm betwven the tracks and Port Boulevard, sir, and that's more
to angle over there. The Amoco Station is on 8th Street. It's right at the end
of your Bicentennial Park right now.
Mr. Lloyd: Right., Now that notice, now you see, let me tell you this right now:
The reason the notice was given as a two week notice, that's a statuatory notice
because according to our information, this is a month to month tenancy and under
the statute where vou have a month to month tenancy, the proper notice is two
weeks.
Mayor Ferre: Alright, 1 think we've discussed this cat ficiai iv.
Mr. Lloyd: As 1 say, I have no particular feeling on the matter, t'm just tell-
ing' you whatthe story is .
Mayor Ferro: Alright, is there anything else to he..,
Mr. Plummer: I'm not going to let this pass, 1 don't know this man from Adam's
house cat, Mr. Mayor, but I expressed the feeling I think of what 1 sense from
MAY 2 71976
the test of the commission that it's great for the City of Miami to beautify its
park but to put this man in financial chaos is ridicu:nus. Now Johns if 1 under -
Stand and mad between your lines, you've given hits the mandatory, statutory
notice,
Mr. Lloyd: Yesi sir.
Mr, Plummer: Ok, now that's well and good, Sir, you've been put oh notice.
But there is nothing on God's green earth that says that you've got to move on
him in that statutory notice, is there?
Mr, Lloyd: I thought I just expl in .c that, Mr. Plummer, chat the only thi.ng
is.,. No, the answer to your question is "no", we co not :.ave to, that is our
option, But if we do not, I have explained that there is possible jeoparay to
th.e procedure,
Mr, Plummer: How is the building going to be torn down?
Mr. Grimm: (INAUDIBLE)
Mr. Plummer: Well, you know, as slow as Vince and his company work...
Mr. Grimm: (INAUDIBLE)
Rev. Gibson: I didn't hear that last...
Mr. Grimm: We are expediting the beautification of the Boulevard at the request
of the City Commission.
Mr. Plummer: I understand that.
Mr. Lloyd: Yes, as a matter of fact, this Commission gave us a mandate to do
this. We're under a mandate of this commission in addition to everything else.
As a matter of fact, Mr. Mayor, your honor informed Mr. Andrews in these very
words, "Now you people are going to move on this now that you've got the order
of taking." We're following your instructions.
Mayor Ferre: I'm not in any way telling Mr. Clark what to do or what not to do
but as I understand it, if he just sits there, you're going to have to go to
court to evict him. How long will that take you to do?
Mr. Lloyd: Well, I say we're going to have to go to court, Mr. Mayor. Mr.
Clark is a lessee of the Standare Oil Company which is now a lessee of the city.
They've agreed to be out of there by June 13th so Mr. Clark is at sufferance as
of that time.
Mrs. Gordon: Question of the law again. He's a lessee of Standard and Standard
has agreed to move but he didn't...
Mr. Clark: Standard would agree to anything because they've got nothing to
lose. I'm the one who loses everything over there.
Mr. Plummer: Let me tell you something real quick, Mr. Andrews. Now 1 think we
understand each other. He's had his notice but if that bulldozer hits that build-
ing before the first day of August I'm going to feel awfully bad.
Mrs. Gordon: How can they hit the building if he's in possession?
Mr. Andrews: Mr. Mayor, members of the commission, you may feel badly on August
]st if that occurs but you have put everybody including the courts,.. You did
this before Mr. Lloyd went to court.
Mayor Ferre: You can't contradict...
Mr. Plummer: I'm not contradicting the court.
Mr. Andrews: I have compassion for this man in his business but he's operating
on a 30 day notice basis with the firm that he's dealing with, they could have
given him the same notice, Under the circumstances that we find ourselves in,,,
Mr, Clark: A11 I'm asking is that my station can be torn last, I've known it
was going to go down for the past 8 years that I've been there, A11 I'm asking
is to let it be torn last,
e
3 MAY 271976
Rev. Gibson: i.•'t :Ile my this to \'.1u. You heard the d i lernh we're in. What
I'd like for you to do ifi to go out here and try to get out there in the morn-
ing. You understand?
Clark: 'I'r'.• what, sir?
Rev. (;ii. ,on: In the morning. iiere'S What I'm •;iy1ng to ynrl. You heatii t l�
rlilcru;.: :•;r '1 in. You go out hers' and fry to {'rat nut in the morning,
M:lyur I'nrrr': You speak to your attorney there, "!r. Clark, he'll explain it to
you.
. Plummer; X: . Xayor, I Want to get: something Else on ,:re r ecor . oho . don't
ki:ow whether tite rest of you have all been .'eceiv3.ng c:.1is.• Mr, A:iurews, , want
you to hear tits because there's ri lot of people's lives affected. t am , on-
s t<ln t i y ro.: ' i'' Lt'.; calls from people who are living in the Dallas Park. Not.; as
you know, 4r. t.rouch has worked with me very closely and been ss truthful c o
those people .zs le can but what I'm saying to you is, .1 hope we're not :.ii the
same di:.efna be n use there's probably 100 families or 100 people living : n that
Dallas I'ark; that we're not going to be faced with the criteria of throwing
people out on the street with no notice. Ir'eli, you've given them notice but
you're still letting theca live there and you're dangling them on a string.
Mr. Crouch: We're preparing a monthly report to them...
Mr. Plummer: Ok. So all I'm saying, I'm putting you on record that I hope that
we can eleviate a problem of another city -owned property that could be facing
us if you come with a 7-day eviction notice. I'm just putting it on the record
that those people are almost on weekly basis in contact with my office.
Mr. Andrews: As Mr. Crouch has pointed out, we have put those people on notice,
we have met with them, they know what the city's approximate scheduling is, on
a monthly basis we're keeping them informed. We should be able to give them 3
or 4 months or 6 months notice prior to tearing the building down.
Mr. Plummer: But Paul, let me tell you, I hope Mr. Crouch will keep my office
informed because a lot of these people live here on a seasonal basis and have
gone home and are writing to my office,"should we make arrangements to come
back to the Dallas Park or shall we go elsewhere. We would like to stay at the
Dallas Park as we have for 40 years."
Mayor Ferre: J. L., could we talk about that later on this afternoon?
Mr. Plummer: I just want it on the record, Mr. Mayor.
Mayor Ferro: Well, later on could you bring it up again for further discussion
because it's 9:20 now.
Mr. Clark: Mr. Mayor, thank you very much for listening to me. Commissioners,
thank you very much.
Mayor Ferre: Alright, Mr. Clark. Mr. Andrews, we understand that we have to
proceed. I. hope that we don't proceed, you know, if we can, a weekend or a
day or two.
Mr. Lloyd: Well, there's one thing that I want to notice this commission on.
As I say, all I'm doing is telling you what I know. The decisions are up to
you.
Mrs. Gordon: We will abide by your legal decision.
Mr. Lloyd: May I be heard on this? There's only one other thing I want to tell
this commission, is that on June 30, we have the necessity hearing and the right
to take hearing on the rest of the property,
Mayor Ferre: 'That's very important and we want you to proceed on the record
immediately.
MAY 2 71976
ib
2, REQUEST CITY'S F►NANCiAL SUPPORct ;N SPONSORING "I776" IN GUSMp,y CALL,
Mayor Ferre: I'd like to now recognize twits, ViitMa Hunt who is the ptesident of
Third Century L',S,A, who has requested to be placed on this agenda this moaning
to discuss GnAmatt Pali AM 010 tui*A"014i wo of tti^ city ek=ie+tding cuts s tot tic
use of the Halt,
Mrs. Norma Hunt. 1 would slab like to irlttodii,•e Louse Hurtns, Lnuitc, why
don't you go to this microphone to ease there aro any questions, Lori.:u.' it
with bade County School Syr§tetrl and she is the producer of "Diltplay 1 /7h". Mt.
Mayor and «iemhers of the commission, we are here today on behalf" of the children
of Dade County and the public s&col System. you - obably ate aware f r:•.:
our corre6pcndence and from what you : d :tea Lo t;.c 1 �ibt Lime
in the history of Dace County all of .:.tuder.:.i of Dade County :.:e ,i.1i Tl
Lobe_ther to put on the play „1775" vusaia:. 'i.aii is :Ally. They have wor ki a
very hard. They are going to be helping rake the sets. They are ?uttiyg on
an entirely student -produced play with the exception of the direction by this
professional person who is here.
Mayor Ferre: Norma, let's get right to the point now.
Mrs. Hunt: We have been in negotiation with Gusman Hail for about 1 1/2 years
now. We were sure that we had Gusman Hall, we obtained the funds to pay for
the stage hands, all the unions, necessities for Gusman Hall and we were sure
there would be no rental.
Mayor Ferre: How much is involved?
Mrs. Hunt: 113500, now we fine we must come up with the rental.
Mayor Ferre: Let me ask you this, and please don't misunderstand. It always
seems to me, of course, we sit here we don't sit at the Metro Commission; it
always seems to me that everyone always comes to the poor little City of Miami
and there is big Metro who gets all of the credit all of the time in every
editorial every written and certain newspapers and the City of Miami who ends
up doing all of these things all the time never gets even any recognition. We
yet we always end up--- Why here, why don't you go to Metro and do it?
Mrs. Hunt Because you have Gusman Hall.
Mayor Ferre: Yes, but Metro has the auditorium.
Mr. Plummer: Mr. Mayor, she just hit a very critical point, Norma. We do not
have Gusman Hall. If we wanted to this morning, and we got into this with
Eisenberg on the Edison Little River, we hae no authority to waive the fees of
Gusman Hall, none. That is solely in the purview of the Off -Street Parking
Authority.
Mrs. Hunt: Well, that's the people with whom we were dealing and we were assured
we did not have this fee to pay until this week.
Mayor Ferre: But before you get to that, why not Dade County Auditorium? That's
a much bigger and better theater, it's got parking and you've got everything
there.
Mrs. Hunt: 1 think Miss Harms can probably answer that as far as what is nec-
essary for this particular production.
Mr. Plummer: Well, it's also 10 days, isn't it?
Mrs. Hunt: That's right. We did arrange it at a time when it would cost no
revenue to the city, there was nothing else going to be happening in Gusman
Hall at that time we accommodated the dates.
Mayor Ferre; Let me tell you what the problem is. The problem is, and I talked
to Colonel Wolfson the other day who wants to come up before this commission in
the next couple of months. He says that the way this thing is going that that
auditorium is going to lose money and that under the Charter or the by laws of
the Off -Street Parking Authority they cannot operate that if they're going to
lose money, And then they're going to come and say well you guys have got to
pay the tab, In other words you guys means us, the City of Miami, Now if we're
going to pay the tab anyway I would rather do it through helping out needy causes
and this happens to be maybe one of them, Are you going to charge for your
tickets?
Ms. Harms: The tickets in the evening will be $3 a Ucket,
5
Ms. Harms: The tickets in the evening will hp `+'i a tirket. We're giving rive
afternoon performances to student organizations and students in the Dade County
area which will be totally free.
Mt. Plummer.: I hate to say this knowing the financial dilemna that: the school
board is in and it's going to he worse but t hate to tell you that the city i_!;
in a financial problem...
Ms. Harms: Right.. Well the school hoard has given us $18,500 in inkind services
and we are paying all the fees that we wort told that we had to ply for the hall.
It is just simply that now the students, were down to the wire with them.
Mr. Plummer: Well, let's ask the obvious question, Paul, have you got' ll'5007
Mr. Andrews: If you want to use the entire balance of the funds that we have
set aside for all the other. events. This is a solution, Mr. Mayer, and that
is the City of Miami represents 20% of all of Dade County and this all of Dade
County School System, that we make a contribution of the 20% which is payment
for one of the nights which would be $550 and then let the county coma up with
the rest of it or let some other municipalities join in and make the balance
of the contribution.
Mr. Plummer: That's fair.
Mayor Ferre: That's reasonable. In other words we're 20% of this community,
we'll pick up 20% of the tab.
Mr. Plummer: I move a motion approving the 20%.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 76-508
A MOTION OF INTENT TO PAY 20% OF THE COSTS FOR USE OF GUSMAN
WALL IN JULY OF 'THIS YEAR FOR A STUDENT PLAY "1776" TO BE
SPONSORED BY THIRD CENTURY U.S.A.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: Ncne.
6 MAY 2 71976
410
PERSONAL APPEARANCE OF MR 1 ROD bL4JLMA`+ FEQUESTING 'PERMISSION TO HOLD CONCERT
IN PEACOCK PARK
Mr, Rod Glaubman: My nnme is Rod Glaubman and I'tn Mt. Parsoh's asSocintr, he,
is unable to be here this morning. I'm with PACE, Performing At -is for Cnmin►uiity
I:diication and we've be' ti doing a large number of programA free and open to the
public in Miami over the .last two years. i. was wondering if it wouldn't be
possible, we wete Informed by the City of Miami Parks and Recreation Department
last week that al.lpresentations in Peacock Park were to be ?suspended as a
result of someone approaching the Commission...
Mayor Ferre: Mt. Andrews, the question at haiw is can sonehody nave a concert
at Peacock Park, yes or no?
Mr. Andrews: I could say that they could have a concert at Peacock Park would
probably not prevent anyone from coming with a reasonable number of instruments
but no electronic instruments, no loud speakers and have to be located in such
an area...
Mayor Ferre: That's not a concert today.
Mr, Glaubman: Mr. Mayor, we've just received a national indelment to the arts
which is contingent upon cooperative ventures with City Governments
in this area and i` we fail at this level, we're never going to be able to use
Mr. Plummer: But the point is that you've also got to be cooperative with the
neighbors.
Mr. Glaubman: There's only one neighbor.
Mr. Plummer: Well when that man called me to complain, and I'm sure he called
others on this Commission, I couldn't hear the man on the telephone because of
the noise in the background and it was 200 yards away.
■ Mayor Ferre: Let me tell you something, here we go again. This is the oldest,
ever-present dilemna between the rights of neighborhoods and people who live
in peace in their neighborhood and the right of the community to enjoy things
together as all. Now I don't happen to live there so one day with my little
girl and my wife, I was bicycling, I'll tell you when it was, I think it was
during the Art Festival...
Mr. Glaubman: That was one of our concerts..
Mayor Ferre: And they had the most terrific concert and I'll tell you that it
was so good, it was as good as the Art Festival and I just sat there, literally,
for an hour listening to the music...
Mr. Glaubman: We took 517 programs this year without one complaint...
Mayor Ferre: And really was a super experience and I'm just telling you that
if we want a world that's stereo -type sterile and everyone sits at their home
watching television all the time and going from the television tube to their
daily work and back to be hypnotized for 4 hours by television, then we
shouldn't encourage things like this but if we want this to be a community
where people talk to each other and get out on the street and get to meet and
have social contact, then somewhere, somehow, someplace, we've got to let these
people function.
Mr. Plummer: Alright, let me offer you a solution. What's wrong with Bayfront
Park Auditorium or Bayfront Park Bandshell?
Mr, Glaubman: Bayfront Park Bandshell?
Mr. Plummer: Yes sir, there's nobody there to disturb but the fish and Mayor
Ferre on his fifteenth floor.
Mr, Glaubman: We are focusing our attentions in different communities and that
takes this program right out of Coconut Grove which is in desparately need of
some kind of enrichment at this point.
Mr. Plummer; Well if you want Bayfront Park Bandshell, I'll move a motion to
waive the fee for you but there's nobody there to bother,
f
MAY 2 71976
mayor Fort-. r r.; Hat' ' point:, if there's nobody thete to bother, nobody's
going to bother t., £;,, there either and what they're trying to do is they're
trying to :app,-al to the people in Coconut (,roved Let me ask you this question.
How about utter in rennc'dy Park way back in the corner.
Mr. t;iauhm:an: ihc paint, that was brought up and it was suggested that wo Flo
concerts there. Ihcrre are two points there. There are no parking facilities
unless yen ,Ton up thy, gates and park on the grass and secondly, there ate more
residential...
Mayor Ferri::
,: ;.r ;a 3 that eitese kids aren't going to go downtown...
Mr. Pitirn t'r: 'car .a . r•__C' ce'•i::C:r t? 1tiliy won't they? They drive 400 miles and
pav $20.0a to to :a concert. Am I right or wrong?
Mr. Gla;rb:.aan: i would Like to know if I could approach this one individual.
Recently we w.P+'o it i.hed to the Grove Association which is a relatively conserva-
tive organI;: ation and they've asked that we continue this project and persue
it. If we could get in touch with this individual that objected to the concerts
and make known n trla.t. ,r+:r proposal is, maybe he or she would withdraw...
Mr. Nemec: G I tia or without this Commission's approval, sir, there's nothing
to prevent you ; rem talking to Mr. Harrison.
Mayor Ferre: is that who's involved, Joe Harrison?
Mr. Plummer: Scare, Joe Harrison. I'm not speaking to him as a special indi-
vidual. The man called me on the phone and I think he had a legitimate right,
I couldn't hear him.
Mayor Ferret: 1t really gets me. My father went to Europe a few weeks ago and
they were going to go to Greece. Now they go in these little villages and all
those Greeks are out there drinking half the night and making all kinds of
noise and that's charming because that's over in some little foreign village
and they drink all this loozo and they eat all of this food which, if you were
to eat it, you couldn't eat too much of it and then you come back and you say
oh isn't that charming and shouldn't we take Fair Isle and make a little
Mediterranean Village just like that and have all the Greeks singing and Zorbo
the Greek. an i the whole hit but whenever someone wants to do anything here to
give a li t t 1. ,_liana and make a little and make this a little bit like San
Francisco, everybody is against that. What is this anyway:? People come here
and say tiieris absolutely no charm in this community because we're always
killing everything that can add a little bit... I went to Boston, I told you
this before, and one night right in front of the Copely Plaza Hotel, there must
have been 1,+101i people, old people, young people, catholics, jews, blacks, white
and they were all dancing and they had this organized thing and I said, hey,
you're disturbing all the neighborhood around here and the hotel and the City
of Boston, every Saturday night, spends literally thousands of dollars with
concerts and nil types of things. It seems to me that we ought to find some
kind of...
Mr. Andreas;: Ir. Na,or, what you ought to do is attempt to compromise this.
I suggested and hu' added that they would communicate with the people who
were complaining, their specific groups and so forth, but if they go about this
in a way that rhea; don't use any electronic instruments and they don't use any
microphones, th.:u there isn't the quantity of noise but the people who go to
park pan , n joy i t . l got calls, different from Mr. Harrison, from a person a
block awry.: f rear;, the t, ark.
Mayor Forded: :'t;ri;;;,t Paul Andrews, I'll tell you what, if that's the case, then
I. don't want au :roe- of those horrible races because at my home on Saturday and
Sunday, nab; peace is disturbed and I can't get a nap on Sunday with all of those
things bu•r_r,i n ; :around .:and you're talking about noise, I'll get you the decimal
counting at m: ; nom.. r ignt in front of that sea stadium or water stadium or
marine stadium, Nurartm is favorite...
Mr. tjlaubmran: ;here are no amplifiers on those machines, . .
Mayor Ferro: :':, goin;; to tell you that I'm going .to get you the decimal
reading n'::t. t itt.: an.., the: . 'm going to come here before this Commission and
ask that that he stopped because they're disturbing my peace.
Mr, Plummer; Old boy, i hope he comes before this Commission.
MAY 2 71976
Mayor Ferre: There's got to be a little give and take somewhere. All i m
trying to say is as far as I'm concerned, I'm sorry for Joe Hattisoh but I
think that there's got to be, and I agree with you, no big load speakers,
Mr. Glaubman: tf T Mere to approach Mt. Hatrison and some of the other people
that complained and brought them in with the agreement that we would try one
or two concerts and see if they were...the concerts ate only two hours long.
Mayor Ferre: During the day, they're not at night,
Mr, Glaubman: During the day, —
Mayor Ferre: Saturdays and Sundays?
Mr, Glaubman: Probably Saturday and Sundays,
Mayor Ferre: What time during the day?
Mr. Glaubman: From one till three.
Mayor Ferre: I'll tell you, I don't see anything wrong with the concert and
that's what parks are for, for people to go out and enjoy them. What do we
want? Parks for pigeons? I think parks are for people, not for pigeons.
Mrs. Gordon: I agree too, Mayor, that the parks have to be used otherwise they
are just open space with no purpose but I would agree with you that you go and
talk to the people who have been affected because I, like Mr. Plummer, had that
same kind of telephone call, did go down there, that was a different kind of
an event, it was not what you're talking about.
Mr. Glaubman: I've been trying to do programs with the City of Miami...
Mrs. Gordon: It's not the same thing, I agree...
Mr. Glaubman: Excuse me, and we've been trying to do concerts for the City of
Miami Parks and Recreation Department for almost two years now and they've
been and pushed aside. This was a program sponsored by the City and it
was a rock and roll concert...
Manor Ferre: You're a responsible group, we know you, you get funding from the
federal government for this type of thing. You're recognized, we all know Joe
Kaplan, we all know what a fine group of people you are and the fine job you've
done. We're for you. Now as I see the sense here, there's nothing wrong with
a concert in Peacock Park on Saturday between one and three. What we don't
want is these super-duper loudspeakers that you can hear for three miles around.
Now we're having enough problems with the concord so don't break the decimal
sound readings around Coconut Grove. You get the picture?
Mr. Glaubman: I do but I'm afraid it's impossible to do a concert without some
sound reinforcement.
Mayor Ferre: Nobody is saying don't have but you can't have your pie and eat
it too. If you want to go in Peacock Park, you've got to cooperate a little
bit and that means don't put it all away.
Mr. Plummer: Have any of the concerts been held in Bayfront Park?
Mr. Glaubman: Yes, the trust fund has been sponsoring Ceasar Lamonica's Band
for 16 years. We're trying to do concerts here. I've been trying to negotiate
with the Parks Department but to be quite frank with you, it's almost impossible.
Mr. Plummer: Well I'll tell you, speaking for one, I would like to see you hold
some concerts down there just to bring people into the downtown if it's possible.
Mr, Glaubman: I'd be more than happy to persue that if it was a.,.
Mayor Ferro: That's a compromise.
Mr, Glaubman: Alright, thank you
MAY 2 71976
S, S, 'I I SSOUR I- DISCUSSION
Mayor Ferre: Alright, Mt. Ogden, why don't you tell us about the Missouri but
quickly bera ':r v"'re a halt' hour late. You gat a letter to Claude Pepper I rom
the Director of the Congreesionnl Public Af(airs of the I)rpnrttflpnt of the Navy
and what do they say, they eon bring us to Missouri or not?
Mr. Ogden: Your Honor, I bronl;ht this letter before you because they recommend
at thi time, they say that I sugest the City of Miami submit a preliminary
application for the battleship even thouAh she is not available at this time.
We did Speak to :he Secretary o: Navy': office and : understand the ship will
be released in Ehe very near ifuture; :iiE'.:'e are 40 cities chat have applied for
this ship but they like the location down here and they think that we could
do the best job.
Mayor Ferre: I.'ho's going to pay for i.t?
Mt. Ogden: Weil sir, we feel that this will not be an expense to the City of
Miami.
Mayor. Ferre: Okay, Rose Cordon moves and who seconds? Father Gibson seconds.
Further discussion, call the roll.
The following motion was introduced by Commissioner Gordon who moved its
adoption:
MOTION 76-509
MOTION OF INTENT TO MAKE PRELIMINARY APPLICATION
TO THE FEDERAL GOVERNMENT TO BRING THE BATTLESHIP
"MISSOURI" TO MIAMI WITH THE UNDERSTANDING THAT
THERE WOULD BE NO COST TO THE CITY
Upon being seconded by Reverend Gibson, the motion was passed and adopted
by the following vote:
AYES: Mr. Plummer, Mr. Rehoso, Reverend Gibson, Mrs. Gordon and Mayor Ferre.
5, LETTER OF APPRECIATION TO RICHARD RENICK FOR SPONSORING SENATE BILL 200
DEALING WITH SENTENCES FOR CONVICTED BOMBERS,
Mayor Ferre: There are no other pocket items that I know of, is that right?
Mr. Plummer: y'es, I've got one. Mr. Mayor, this is really not a pocket item
but i would jut like rt, read for the record. This is a telegram addressed to
me and really all of my Commissioners and it says, "Dear Commissioner, I am
happy to inform you and your collegues that the Senate Bill 200, mandatory
sentencing relating to bombing and terrorists will be signed into law by the
Governer immediately. This legislation passed the Senate and House unanimously
and I feel that this will be a worthy and necessary enforcement measure. Most
sincerely, Dick Renwick." I wanted to put that into the record and I think that
we, the Commission, should send a letter of thanks to Dick Rennick for...
Mayor Ferre: 'lwnmer so moves, Reboso seconds. Further discussion, All those
in favor say "aye", opposed?
The following motion was introduced by Commissioner PIurmer who moved its
adoption:
MOTION 76-510
MOTION OF INTENT TO SEND ; LETTER OF APPRECIATION
TO RICHARD RENICK, MEMBER OF THE HOUSE OF REPRESENTATIVES
N TALLAHASSEE, FOR SPONSORING THE SENATE BILL 200
DEALING WITH SENTENCES FOR CONVICTED BOMBERS
Upon being soconded by Commissioner Reboso, the motion was passed and adopted
by a unanimous vote of the Commission.
0 MAY 2 7197$
OIL
6 PRESENTATIONS) PLAQUES, PROCLAMATIONS ANb SPECIAL tt St
A) Prr»;t nt.atiou of plaque to Dr. WIII.i.un Stokes, President, Miami Dade
Comn►nit•:' College, Downtown Campus, honnting the baseball team of said
col I. g e for winning the Regional and State Championship,
R) Presentation of Scroll of Friendship to the Honorable Jose Coch Alastruey,
Mayor of ha Com►►na de la Florida, Santiago, Chile.
C) Presentation o;: plaque to Lt. .Josep , 'r' Murray, Pollee Department, upon his
retirement after 28 years of _service with the City of .Miami.
D) Presentation of plaque to Mr. Getaid F. Jones, Department of Public Works,
upon his retirement after 27 years of service with the City of Miami,
Ej. Presentation of Proclamation to the Rev. Martin Anorga.
7, REQUEST CHANGE OF ZONINGn�- REPLICA PUBLISHING CO, - 601 i�,��. 30 AVE
GROSSE POINTE HIGHLAND ADD, - DIAL
Mayor Ferre: Take up item 5, 601 N.W. 30th Avenue. This is an Ordinance
amending Ordinance 6871, the Comprehensive Zoning of the City of Miami at
Grosse Pointe which would change a certain property there from R-1 to C-2. The
Zoning Board met February 23rd and voted 7-0 recommending denial of the petition
for the change of zoning classification, there are 39 written, 77 oral objectors,
the applicant is Replica Publishing Co., the Planning Department recommended
denial, the motion 76-293 to postpone for a period of 60 days was adopted by
the City of Miami Commission on March 25, 1976. Are the representatives of
Replica here? Is there anybody here on item 5? You're here in opposition.
Is there anybody here for it? Is there anybody here in representation of the
people on item 5?
:Mir. Plummer: Mr. Mayor, may I recall the memory that we worked, 1 thought, a
— time frame out at the last meeting telling this individual that he had "X"
number of days to vacate his and I can only assume by his non -presence
here this morning that the matter has been worked out and from personal obser-
- vation yesterday, I can tell you there is a "For Sale" sign on the building
that he has abandoned the idea of... Mr. Davis, you got anything else?
Mr. Davis: I merely wanted to say, Mr. Plummer, that we have a receipt that
Mr. Leznick was notified by registered mail for this meeting.
Mr. Plummer: Mr. Mayor, I make a motion upholding the Planning Board.
Mr. Davis: Mr. Mayor, we have received a letter from Mr. Leznick saying that
he does intent to sell the property and he requests consideration of an extension
for his time to vacate until June the 21st and that he will vacate and that he
understands that he would not get favorable action on the rezoning request and
therefore, his request is that we only considered letting him stay in there till
June the 21st rather than the 60 days from the last meeting when this matter
was brought up to the Board so that he would have time to vacate.
Mr. Plummer: 7s it creating disturbance to the neighborhood? Are they running
machineary? Do you feel that the 21st of June is unreasonable if we make that
a final cutoff? You don't feel that's unreasonable? Mr. Mayor, I make a motion
at this time that this...
Rev. Gibson: We already gave the man some extended time but you know, my
bretheren, maybe I'm always for peace, the man is going to trove, he admits this,
you will get what you want. Is it that you can't find it within your heart: that
by the 21st he's gone anyway? It would take him that much time to move if we
told told him to move in the morning,
Mr, John Thomas: My name is John Thomas and I live at 3071 N.W. 6th Street. 1
just wanted to remind you and the Commission that on the last day that wo wE•re
here which was two months ago, I just wanted to remind you and the Commission
that on the last time we were here which was two months ago, the Mayor gave his
ij.
MAY 2 7976
Word and he the rest: of the commission also to give their word, that we
r
were going t l' take CiF'i I ll lt'_' action today, Now, l;C' ", wl.', the man ftn dry `:o
wouldn't have to take him to court:, l) eaue tilt.: court was going Lo give him
90 days and also, Father Gibson, if 1 recall., you !:hid if he wasn't trot or
there by today, ymt were going to help him trove.
REv. Gi.t).ian:t'e tl:tvu t'o lime up to our WOC(i. 1 have no problem with th-c.
1 five up t»u
Mr. Plummer: t make a motion to uphold the Planning Board.
The following; motion was introduced by Commissioner Plummer who
moved its adopLion:
MOTION NO. 76-511
A tinTtO:r UPHOLDING THE ZONING BOARD AND DENYING THE APPLICATION
Or ¶EPLIOA PUBLISHING CO. FOR CHANGE IN ZONING CLASSIFICATION
OF LOT 11 BLOCK 1, CROSSE POINTE HIGHLAND ADDITION
Upon b.ing seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote -
AYES: Nr. Kehoso, tlr. Plummer, Rev. Gibson, Vice -Mayor Gordon and Mayor Ferre.
NOES: None.
Mayor Ferre: ALL right ladies and gentlemen for your patience and indulgence.
I hope you understand that were trying to do what is best, in our minds, for the
community. Lt is done now. The man has had his opportunity and you are entitled
to have you peace in your neighborhood. So go on and enjoy it.
Mr. Andrews; '1r. Mayor and members of the commission, before those
t,:'o 1.'1e leave.
Mr. Ferenc ik: We inspected those premises last week and they are still
occupied and in use. 1 don't want this group of people to leave here with
the belief that the a,-!tion today, unless these people cooperate and get
ont: of there.
Mayor Terre: You are going to have to take them to court. You understand
that don't: you'? AIL of you?As far as the administrative portion, they are ordered
to get out. What happens beyond here is between the individual himself. He is
going to extend this as long as he can.
Mr. '1itrrtler: '1r. Mayor 1 recall, if 1 rim not mistaken in the wording,
that. he agreed that it we gave him the 60 day extension that he would not
fight. The (rn(i 'rf the ut> days, he would peacefully evacuate.
i1;17ttr : t't' i r t [lope 1. 1'i a I'l:lll of his word.
Nr. E'Itt:. i.':'t'.. ',('t' if he is n man of his word. it won't help him
t rntt ! (e t --
tit.tl , i1tq1.ritin•1, if he goes to court.
10 did ., hit we had to do. That t is that.
12
MAY 2 71976
of CRirtcism or IRRESPONSIBLE "OKEECHOBEE JOE" CARTOON PUBLISHED BY ' Ali H.
WITH REFERENCE TO THE RECENT ARSON IN DOWNTOWN ntAMt.
Mayor Ferret On the record, and 7 would like for the administration.-
I think this is the adrninistrat ,ini job and not any of the elected officials,
there was a cartoon in this morning's MLatni rierald. a,. this time I am goi.tb
to mention the name, it is -Okeechobee Joe, --=here is what it says: "Okeechobee
Joe says arson may be the cheapest and fastest way to clean up vacant downtown
property." Ladies and gentlemen, and Mr. Andrews, that is one of the most
irresponsible acts of journalism I have ever seen and in my opinion that has
to be, I think we should demand an apology and retraction. or something
like that. We have a kook out there, setting fire to hotels and property and _
for the single largest newspaper in this community to put in its rain editorial
page a statement like that when there is a kook going around setting fires to
downtown hotels has to be one of the most, if I did that, you know what
the Miami Herald would do to me, if I. made that statement before these microphones,
the editorial in two days would be so unbelievable. I hope that sauce for the
goose is sauce for the gander. I would like to see the Miami Herald write an
editorial against Okeechobee Joe.
Mr. Plummer: I only hope none of the families of the people of the Avondale
will read it.
Mayor Ferre: Amongst other things, it is a tasteless thing to do. T think
it is rampant with irresponsibility. Ten ppople died through these fires. I think
that is unbelievable journalism.
(inaudible remarks)
Mayor Ferre: Mr. Andrews, rather than commission action, I think it is
better if we do it through the administration. Perhaps the Chief himself might
want to write them a letter.
9, DENY
CEOICHANGE AL TOF O ERCY - HOSPIT�RLI1R! 'ERTY ADJACENT TO BISCAYNE BAY FROM
Mayor Ferre: This item was deferred on April 22.
Mr. Davis: The number of objectors were the total number of objectors
for Fair Isle plus this item which were together at that point.
Mayor Ferre: I think that is a very important distinction.
Mr. Plummer; Plus 1 think the other distinction is, that the Fair Isle
project came quit as approval from the Zoning Board and this one is denial.
Mr. Davis: Thatis correct.
Mr. Acton: Mr. Mayor and members of the Commission, the Commission did
defer this item on May 27, and the map on the wall now indicates the type of
existing zoning that presently is applied to that particular area. The major
reason for the Planning Department's recommendation for a lowering of the
zoning classification is its incompatibility with the surrounding single family
use, realizing that these particular sites that lie along the Bayfront must utilize
the local roads that lead to Bayshore Drive in terms of access to the potential
development of particular apartments in the future. The R-4 zone allows far too
much intensity, it has unrestricted ;.eight, and would lead to the type of develop-
ment along the Bayfront that would be incompatible with the single family 4one.
In our reecommendations that were made in the planning study for Coconut
Grove, we had, as the commission knows, made a recommendation for a lowering
of the zoning on Fair Isle for the application of an institutional zone for the
Mercy Hospital tract and a lowering of the intensity of zoning along those Bayfront
Properties, We are mainly concerned with the scale relationship, the intensity
of use that could develop. That basically is our reason. We also recommended that
the R-3 application here should be coupled with a Planned ARea Development, realizing
that the R-3 application would not in all cases meat the type of design that particular
applicants might desire for those properties,
Mr. Luft might want to add to my comments,
13 MAY 2 71976
Mr. ! i t : Mr. Mayor and mc'nrharrt of the commission, we really have twcc
' nrrc k ros here. the short-range rntirr.•rtr t tint Mr. Acton pointed ont to you,
tryini to ,,' t ut' 'i zoning district that will achieve the hest possible dEv-
elopment. in , ennc'ct i.on tine abutting residential area, but we also have a
long-range i : ern ntlC. iUt F; _ t eaardiess of What happens in that R-4 6istrict,
or R-3 e ar-e ;;c,_.. en ,eyiroaL, we have an oduoting .-esidential district that
1 thin. eol U soft.. T. tl ink if you were to ask he objectors
on ftis ; ,;,. t.n.. would fairly describe the abut:.:ing residential area
between the i'-ofi-olt and i?,a;shore Drive as one possessing some problems. Some
of the ilc:lmes Fiove been turned into rental properties, some of the properties
have been 3 :':.'c'.0 ic dete'riorate. What we have here is a classic situation
that could weload to : urther petitions for rezonings, further turn over
of proocrty i. v,_.1.. omens, Lhat beyond what we are faced with today would
clearly pry cat c: very ser.:Lous problems.
Now, ther< exist: as you saw on the map I-4 and R-3 zone on that bayfront.
Fortunately intentions :;;at have been expressed to us by some of the property
owners on the i:ictyronL are pretty well in line with the R-3 district that we
recommended, parri.:u'arl}- in terms of density. We really don't have much of
a problem thire. r1c could choose to leave the R-4 there and go on the assumption
that a devi1opnn nt will be at R-3 densitity, but we are leaving that R-4 on
an of fi.cia i :in g snap that represents official policy of the City. This is
something t ream planner's standpoint, from the Planning Department's stand-
point. tn: are' vi c.rl.ly concerned with, because our knowledge of that area leads
us to believe that we have every expectation of perhaps having to deal with
some future ,:one problems in that area, petitions for change perhaps and it
would he most difficult I assure you for this city to resist such efforts,
particularly on a legal basis, confronted with the zoning we have there now.
So en the one hand we want to get the best development on the Bayfront within
that milti-family district, en the other hand we want to put a zoning on that
map that will represent official policy that will carry us through the long
range and allow us to protect the larger community. We suggested the R-3
will acc._cirnmudate for the most part the density provisions that present property
owners are t.rlkinn, about. We understand also the problems with R-3 district. In
some cases the F.\R is too low. It would not allow them to develop the structure
totally as they ;+rc anticipating. It is with this reason that the department
suggests that if the: R--i is conceived of being inappropriate, that we not
discard the t ea,—s:tre altogether., and leave things as they are, because I think
Ihave pointed out the '.danger in doing that, that we may well be able to con-
struct anotiu. district. 1 would point out in that regard that some of the
property owner on the bayfront have gone so far as to suggest an alternative
district we m.is',htt apply t:here in lieu of R-4, that we could develop a special
district th.it would not require the developers to come back through a special
hearing for .s r.:'c. f?. and run the risks of that procedure. In any event, we
are suggest i,,,. I,r.Ter ik,tion would either be to rezone to the R-3 or rezone
to another suit;bte district. Certainly to rectify the problem of the R-4.
Mrs. Gordon: Now man•, acres are involved in the entire suggested change?
Mr. tuft: f can't nay but there are about 122,500 sq. ft. of developable
R-4 property.
Mrs. Ci)rdh'n: lust. ;about 3 acres,
Mr. i u f t : That is,- the property ty we are looking at that can be developed.
Mrs. . el
rah u:----contiguous properties?
Mr. Luft: No, this stretches ,:long the bayfront. We have a good deal
of vacant property up alert near. the Osceoia Canal.
Mrs. Gordon: Cr.n you put the other map on?
Mr. Luft: Th.; is the, present development. You have the vacant property
here and some single family homes, some estates along the bayfront at this
portion, you have some apartment buildings then you have some more estates.
It is nor continuous.
T•
Mrs. Gordon: What 1 am trying to understand, and what I do understand,
is that there is a large enough contiguous parcel for assemblage under a
planned development. Consequently your suggestion what that something else
MAY 271976
beside what you already have might be Mote appropriate than what is, but what
e are recommending isn't really appropriate ►either. Consequently 1 ani personally
nra in favor et taking temporary measures that ate inappropriate because they
are not any better than what you have, so why do that? t am a little concerned with
what you said Jack, which was, that is you leave it, you ate going to application
for rezoning of adjacent single family zoned areas. If you change it you still
could get. %'ho says you can't
Mr. Luft: Sure, you can get it but: your netItions for rezoning; in an
R-1 area abutting something approaching an S-3 zoning district,end R-3, in
instances throughout the city, does abut R-1. There are several instances
in the Grove. R-3 is meant to be a c.istrict for the most part, is compatible
with abutting R-1 low density areas, R-4 is not. That is the problem.
Mrs. Gordon: 10u had on the other map R-4 institutional zoning. What
do you mean by that?
Mir. Luft: That only means the area is zoned R-4 now, but that R-4
was another one of those unfortunate measures we had to take, having nothing
else available in order to get a hospital in there, because R-4 was the only
district that would allow a hospital, so we are suggesting that the R-4 be
eliminated and replaced with what should have been done in the first place,
which was an institutional use district.
Mrs. Gordon: And what would that include? Is there such a district
already in the works.
Mr. Acton: Yes, let me respond to that. As you know Dr. Bartley
and have been working on a critical analysis of our present
zoning ordinance and also looking at the problem areas in the City of Mlami.
Now, their critique is done. We have been working with both Dr. Bartley
and Mr. Bare on certain problem areas which includes the institutional zone.
We do have a draft of a district which we are considering applying to the
Jackson Medical center area and the Mercy Hospital tract area. That is in
the works along with other new applications of zoning. The reason that we
mention the problem that does exist with the existing zoning, coupled with
the problems, also we realize with the application of an R-3 district to it,
is that we are moving in the direction of different new zoning techniques that
will be occuring during the next three months. So the commission does have
an alternative.
Mrs. Gordon: Will have.
Air.. Acton: No, what I am saying is, today you have an alternative, which
we would like you to consider. Not only for the R-4 property but also for the
Fair Isle R-5 property. What I am saying is, the covenant that was approved by
this commission doesn't really relate to the R-5 zoning. It is a different
application that we could make on that property that would accomodate the
type of development envisioned by Fair Isle. It would also clean up the totally
inappropriate type of zoning that we presently have in this particular area
of Coconut Grove. What we are suggesting is perhaps the commission might consider
alternative actions to help the long range prospects of development in this
particular section of Coconut Grove.
Mrs. Gordon; The Mayor will be back shortly. I am sure he wants to
hear the rest of this hearing.
Mr. Plummer: The only comment I want to put on the record, is my total
opposition to changing the Mercy Hospital. tract, One of the things I have
always questioned is how they got a permit to build an additional building
which was not a hospital and I guess I'll never forgive Mr. Ferencik for that
one, but you talk about generating traffic, things of that nature, If you go
back to the original hearing 1954 I believe it was when Mercy was originally
built there, there was stipulated there would have to be a public hearing for
any new ingrass or egress, And suddenly over -night we saw a new Mercy Drive
without a public hearing. The next thing you know we saw a professional building
on the grounds with no public hearing and I just question that if you were to
change this from an R-4 to a so-called institutional type of zoning, it would
give them carte blanche to do whatever they wished because it no longer holds
the sacred R-4 that you would somewhat limit them to. I am registering a real
strong opposition to any expansion on that situation without a public hearing,
MAY 2 71976
Mr. Acton: That is the reason the 1.-4 classification is in that particular
instance absolutely wrong. We agtee wish yoti totally in the inappropriateness
of allowing certain things to happen on that tract of land. Yoti have Mentioned
two of them, the erection of an office building plus the new drive into the
tract. It is our thought that by designing a new application we would bring
that tract land under control, so .,;.`ioru; in the future on that tract of land
would be brought before this commis:s:. , z.. considerion. We are not suggesting
for instance that there will be .'a medical U CS on
.that tract. We don't think that iy :: ppr o? a e1; e_.", ot. we , t'rtainly do think
that the City Commission should have 't:i.le :i,ii:J determination on their sirie when
Mercy Hospital is proposing whatever action they would like to do in terms of
additional development of the tract.
Mrs. Gordon: Mercy is not. beIoi't )w .a:ld Coe way N;erch is 'zoned, what
precludes them from coming tomorrow :Ulu ,etting a building permit for a high
rise apartment?
Mr. Acton: That is correct.
Mr. Plummer: This commission still makes the determination,
Mrs. Gordon: No, we have no control.
Mr. Acton: We have no control what they do under the R-4 zoning.
Mr. Plummer: I ask you to go hack and read the stipulations placed upon
them in 1954 when they were granted the right to build that hospital. It is
so contained within the resolution.
Mr. Acton: 1 will so do.
Mr. Davis: I must also say Mr. Plummer that in the R-4 district, a
hospital is a conditional use and must go before the Zoning Board for
approval.
Mrs. Gordon: What about other buildings?
Mr. Plummer: What about the professional. building. How come that didn't
go?
Mr. Davis: I will have to ask Mr. Ferencik to interpret that. It is
up to the Building Department to determine what they include in hospital
and medical offices. Medical or dental offices are also permitted as a
conditional use.
Mr. Plummer: I don't recall a hearing for a conditional use.
Mrs. Gordon: What was a conditional use? That professional building?
Mr. Plummer: Yes. Do you recall a hearing?
Mrs. Gordon: There was never any that I know of.
Mr. Plummer: I don't recall a hearing.
Mr. Ferencik: There.wasn't any, and at that time it wasn't required.
The orders were changed after this medical office building was, -----
Mr. Plummer: I think in the :!54 conditional use which was granted
to the hospital to build originally, you pull the records from that meeting and
you will find there was to be no future ingress or egress without a hearing
before the commission or no future expansion without a hearing before this
commission. I don't think either one was adhered to. I stand to be corrected
if I am wrong.
Mrs, Gordon: On item NO. 6, we are not considering Mercy Hospital.
Mr. Plummer: I think it has a bearing on the overall,
Mrs. Gordon: It certainly does.
10
MAY 2 71976
Mr. Plummer: One question I wanted to risk of Mt, tuft, is that 1.2.0flfl)
sq. ft, you spoke of, does that include Chateau Elizabeth and the 1600,-
Mr. tuft: No, t say of the remaining developable R-4 property.
Mr. Plummer; So you are talking about basically, Kendall,Deen, t e
archbichop and the vacant property, cigac?
(inaudible reply)
Mr. Plummer: What else is there Jimmie? You have four tracts.You have
one, the archbishop has another, ----the archbishop doesn't own that anymore?
When did he sell?
Unidentified person: ----10 years ago, --
Mrs. Gordon: What is the wishes of this commission?
Mr. Plummer: I think you have some objectors. I am ready to make a
motion.
Mrs. Gordon: Are there any persons here to speak on this item. If so,
proponents first, then the opponents. Are there proponents? Please come to the
microphone.
Mr. Henry Alexander: Mr. Mayor and commissioners, my name is Henry
Alexander. I reside at 3625 N. Bayhomes Drive. I am president of the Coconut
Grove Civic Club. I am speaking on behalf of the Coconut Grove Civic Club
today as well as Bayshore Homeowners Association and the Tigertail Association.
Our organixations have common cause and sentiment, for that reason we have
decided to make one joint statement. In discussing the implementation of the
elements of the planning study for Coconut Grove. Its history should be considered
as well as involvement of our commission. The residents of the Grove will accept
as a premise, that you the commission, believe in the merits of planning when
we look back and remember that over 4 years ago you requested the City of Miami
address itself to an in-depth study for a community and city of Miami. It further
follows that we must believe the commission was aware of and concerned about
the critical growth problems that exist in Coconut Grove, that you place special
emphasis upon diagnosing these problems when you requested that the Planning
Department address itself specifically to a master plan study for the community
known as Coconut Grove, before all others. Why should we now believe that the
commission was sensitive to aspirations of the Grove residents, and desire their
tangible expression of these aspirations when we recall you solicited their
participation in the formulation of the Master Plan Study.
Next we must accept this fact that you, the Commission, have every confidence
in the abilities and wisdom of the City of Miami Planning Department, when we
remember with great satisfaction, that you uanimously approved in principle their
written conclusions as presented in the Master Plan Study for Coconuy Grove.
Our last visible manifestations of your good intentions occured when at
long last we saw you actively begin to bring forth for discussion, parts of
the Master Plan Study. Our conclusion by all rights should have been to believe
that the commission was intent upon securing for our community those goals that
were necessary to enhance and preserve this unique community. In light of these
past events and the precedents you have set for us, it is not difficult to under-
stand the complete disallusionment that occured as a result of the recent failure
of this commission to accept the recommendations of the Planning Department to
downzone Fair Island. The downzoning of Fair Island and the mainland sites, the
bayfront sites are of key importance of the planning study. They are crucialto the
success as a planning tool and cru^ial to the future of the Grove, The use of
downzoning as .a guide to achieve orderly growth and set patterns for development
is an accepted essential ingredient in any sound planning study and is recognized
by all enlightened planners. After 6 hours of discussion on Fair Island, your
rationale to deny the recommendations touched not at all on the critical issues
expressed brilliantly by your Planning Department and emotionally, but wisely by
the attending citizens. Your stated reasons, addressed primarily the basic principle
of downzoning and the possible effect that downzoning might have on the property
values to the owner or the developer.
Further it was suggested that the Grove residents as a whole were placing
their personal interest above those of the total community of the city of Miami,
that the interest of the larger conjnunity were not those of Coconut Grove. It is
difficult to comprehend that with the strength of these arguments presented to
MAY 2 7 1976
substantiate the departments recomm' nd ,t
been drawn as they were, that it wont,';
sanction downzoning to achieve justif;d'
never approve of an action that might rr—
Ludicrous. In almost every public der'
either directly or indirectly
may be to increase or decrease.
the interest of. the community yuc:,
obligation to make decisions are
people. In this instance the davaesm
in the best interests of the people.
can rely upon the assurance that his ass."
whether a community can rely ul,o,, t1 ,
is responsive to the maintenace
that fosters an atmosphere in
reliable and at harmony .with somas.
It is incorrect bo believe that
sectional, and that you alone c;n
that any community has the abili;:s
can direct its growth and attempt to
is at stake. We are a testing grout,;
become more apparent as the entir+
Miami Master Plan now under examinat as
A further attempt was made to Las
against the Grove by suggesting that the
Fair Isle as a park. This parable i- i!s,
Had the City proposed to purchase ills t
the original purchaser of Fair Is Iar' '
property on the Courthouse steps did not
of the City of Miami were being asked to
opportune at that time to ask the r.a;•:ircrrftx:, to sanction this purchase when the entire
community was in the throes of an economic ioenrttrn? At that time, were there not
oher issues of greater community conTers spending 12 million dollars to purchase
Fair Island as a park, simply just hocat•:;c.• the voters of the City of Miami voted
against Fair Isle park proposal doesn't mean they support uncontrolled growth and
we, Coconut Grove, are not seeking no , -ow ;t. It you gather from the tone of our
statement that we are dissappointed, volt are :'orrect:. If you conclude that we have
given up the fight to preserve our commas i t-; , and we believe you no longer have our
best interest at heart, you are totally i •wr}* reet . We will continue to voice our
beliefs and echo the principles of s2cnd nisuning expressed by the Planning Dept.
We will remain attentive to the bronc n city interests represented here in the
cricis of Coconut Grove. The Commission r,, a `„ has the opportunity to demonstrate
its widsom, in the pending decision t.0 recommendation of the Planning
Department in downzoning these hayfron+ sit
still reconsider its previous decisiss downzoning to Fair Island. We
strongly urge that you do just this. 1s t: i,,,,,sti, you possibly may correct your errors
we feel as a result of your actions, vs ss,a ttrrcecd to accomplish the preservation
of Coconut Grove as a unique community by ,;t i l i ring other means. We will attempt
to have Coconut Grove declared an are:, r i t ir•a] state concern by the State of
Florida. Furthermore, if it is at all ,.o,,.,. t, ! e re incorporate the Grove into
a new city of Coconut Grove, we shall st torrtr;t. try do so.
Mayor Ferre, two years ago you said t-he inliowing in a letter to Mr.
Cleare Filer, of the Bayshore Homeowners '_ sr oc -i a t i on . "Dear Mr. Filer, your
kind words are greatly appreciated. The ur' ;.t•t ' area has a unique quality
and if properly maintained will. be a ]a;tins • to our community. Needless to
say I will all in my power to preserve the :.rr;e Thanking you, I remain,
Sincerely, Mayor Ferre."
Mayor Ferre: What was the dati c,t
Mr. Alexander: 1974 I believe.
lis tening?
Thank you very much.
Mayor FErre: You wouldn't happen
Mr. Cleare Filer: Mr. Mayor ana
Filer, 1 live at 1740 S. Bayshore Drive.
was to be a joint statement, i want ev er,'...
our Mayor sitting here eating peanuts and ::rirr
your conclusions could have
that the (:otnmissir.)n will never
even suggest thatyou would
1'; deva l ne property values in
i;.., o.t make. as a commission, you
E:.. .:esuitant decision
,:aoao r eCi51onS In
.-..: r t:tati,r::. anc ;:he moral
Jae be—.: interest of the
t:Crr,; t ,)ro cec Lions are clearly
;c1n as to whether a developer
..c.:, but a question as to
its iastitution of government
.T.J :s the community good
t:'fpiace, which is both financially
to maintain this principle.
tc Sr:nve residents are purely
coa;: ,un;ty interest. The principle
iesciny is at issue, whether it
c:.cmiait y character and identity
otrii nn ity question which will
•:tape its future in the City of
i i:nn.i community as a wedge
treed it back upon the purchase of
1 when one questions the alternatives.
:1 reasonable price, certainly
resent owner who purchased the
:t ,-w'rtere near what the taxpayers
sait: psychologically and financially
Additionally the Commission can
commissioners, are you still
recent letter?
c ommission,my name is Cleare
't „oinz; to crake a statement, This
know that 1 strongly object to
on a conversation with another
MAY 2 71976
mayor during the course of our entire presentation, He may think this is
funny but believe me we are damn serious.
Thank you,
Mayor Ferret Mr. Filer, i am sure what you object to is my talking
not to my eating peanuts.
Who is next?
MR. Hciroid Whitney: My name is :.. roic Whs.tney, I am an attorney. I
practice law downtown Miami. I am also a resident of Coconut Grove. In 1968.
the City Commission zoned, or re -zoned that parcel of land situated on the
map, squeezed in between R-3, now presently R-4. In 1968 the City Commission
rezoned that whole area R-3. We represented several property owners who now
own, and then owned the property designated R-4, squeezed in between R-3. We
went to court. The lower court in its judicial wisdom said the City oi7 Miami
was in error in rolling back that parcel. Unfortunately the abutting property
owners now reflected by the property R-3 did not joint in the lawsuit. The
appellate court upheld the lower court's decision, and directed the city of
Miami to roll back or put back the zoned property from R-3 to R-4 which it
presently is. The City of Miami's City Attorney, then City Attorney, entered
into a stipulation agreeing to the entry,
Mayor FErre: Excuse me for the interruption but I see some of the
children are leaving. At this time I would like to recognize them. With
us today are the students from the Francisco Valdor School. They are all
fourth graders. We are happy to welcome them and their teachers.
You can proceed now.
Mr. Whitney: Yes, ----as I was saying, in 1970 the amended final order
was entered by the circuit court, incorporating thierein the appellate court's
decision pertaining to this particular parcel of property. That order was sitpu-
lated to and agreed to by the then City Attorney, and amongst other things the
amended final declaratory judgement provided that property was to be put back
into that prior classification R-4, R-4 it presently is. The court also indicated
in its order that the court was to retain jurisdiction of the parties hereto
in the subject matter for the purposes of enforcing the order of the court
with respects to the rights of the parties. The rights of the parties then
as they are now, is that they are entitled to R-4 zoning. These folks have
already been put to the expense, a great deal of expense, by having to go to
court before to override the City Commission's action so far as its rezoning
of the property. The present attempt by the City Commission or Planning Board
to reset this zoning back to R-3 puts these people to a great deal of additional
expense without any just compensation for property. The folks involved, owning
this property have owned it a great number of years, have maintained the property
for no doubt future investment, future return, as evidenced by the fact that they
took umbrage with the City Commission's actions in 1968, went to court and expended
more money. I am sure the tax roll, and the taxes they pay on this property, are
in some ways measured by the type of zoning classification. So therefore they
have paid an extra premium over the years for this property. I believe the City
Commission if it were to roll back this property again to R-3 would be expropriating
without just compensation. I think it would be also in direct opposition in defiance
of the court orders that had been stipulated to by the City Attorney's office in
1970 and for which the court said there should be no further disturbance of a
change zoning.
Thank you.
Mr. James Dean: My name is James Dean,
Mayor Ferre; You don't object to my eating peanuts do you Mr. Dean.
Mr. Dean: I do not. I live at 1680 S. Bayshore Lane. I am the owner of
Lots 3 and 4 in the Fairview Subdivision. A previous owner of Lot 3 was owned
by a Margaret Hillis, I think the only time that has ever been before except
for rollback, it came to you asking that that be the Florence Crittendon Home.
It was after that rejection by this particular commission that (purchased that
house, and converted it into an apartment building, That has been 15 years ago.
Ten years ago I bought from the Diocese Lot 4, which is 1680 which I presently
have as my residence, and a portion as a rental,
Mrs, Gordon: Will you point to it on the map please.
19
MAY 2 71976
Mr. Dean: Yes, okay, ----these 'we fli're . I want hi respond
first to the comments from the staff ;old tie proponents of thi : rrtl Iltnrk,
I think Mrs, Gordon, you are very astute in offsery i n}t the fad that ti.ere
is not sufficient land under either thy owne t r,t, i p can the Fairview Subdivision
or tite ownership in the rlencre eeeieie. 107a I':\f7. In fact the
PAL) recommendation in tee st i 1. ea ly mace reference CO
as, to Fair Isle. It is ::ee ;rya:';'_ re ,-) o ,' rt. So I think there
is an error there, I think
Mr. Luft's word, that this
area, and I couldn't agree
was a :, o :.
more wit,:
promised me we would have this thii :; con_
didn't because it gave me a year
you in document form to ehrouehly
property is here,indicating)•--to t;.
There is a service out in California
map and they computer -scan the 1970 <:
We did that with that particular area
i;. -': area is soft. I think was
n, t';,ecc: a.- ;_'roblems within the
y,. a: an half ago, Father you
ee.ee Ci months, and I mri glad we
t:~.r :titauyi made, presented to
r;.._ l i un.ty 1 am it ,---(illy
e.x c:,.iy what is happening
vcl; co take a spot on a
Lilc';r can profile any area.
out from the park to Mercy
Hospital to U.S. 1 what we had. 1 I_it ill:.. ,,u will examine the graph, I am
not going to take the time to go throw. it these they are in your documents
as to what is there. Basically, what r liw; in that area, is a very old
group of people and a very young group p,:•; pte, average mean age, 37.
They are highly intelligent, average iric0n:e is over e20,000. Twenty-five
to thirty percent of them either professionals ear techincal people which
are attributed to the adjacency of Mere)/ eoapir:a.i, 507; of them are single,
50% are married, 50% rent their houses, ao.f 50 own their houses. So what
I see is what they have discovered, is .,10,;s.ibly, down the road, sometime
future, a transition here. I am certai cl i i +. iti:, hind of attitude that existed
some 15 or 20 years ago, we wouldn't have the tine things that are happening
in the way of Brickell Avenue, perhaps hl tfhc ei fice buildings and etc.
because that area also is a transition. what you are looking at here is
possibly 25 to 30 or 40 years, as this eft', grows, the same kind of problems.
Let me focus on the individual neighhorhoc'd. I say that because Mr. Acton
makes the statement that we are out ot: characteristic with our neighborhood. IN
the Fairview Subdivision there is only one mouse, out of some 59 households, in
the Fairview Subdivision, that is a pure single family house, used by the owner,
for its own occupancy. He is Mr. Espusi.t.u, he lives here,(indicating.) Mr.
Esposito isn't here today, he was here for the 6 hour hearing on Fair Isle,
he epxressed he had no objections to my pnrt.ii.etar performance.
Up here on the corner, I sold him that lot, it is for sale again. It is
that little wooden structure. He uses ii tor an office. Here is a residence
that has been turned into a school, that le tiayshore School. Here is the 1600
which is a 9-story condominium, here are m' two properties which I use a rental
and I occupy one, this is Mr. Garnder's house which he rents, this is Mr.
house which he rents, Mrs. Vaneman, she i:a here, in order to get some security
down there she has to rent out her garrt?te. the _ up in front, he owns
his house, he uses it as an office. Ih e ie al i:ew purchaser here, who is using
it as an office and a rental unit. Thisle tors. her husband died
4 or 5 years ago, and she recently sold her ho se, and this is Mr.
he has his house up for sale. He owns all el this property here.
Mr. Acton said I am out of characteristic by having apartments there, with
the adjacent single family neighborhood. That is written in the document and he
just made the same statement. I am saying the characteristic of this nieghborhood
is not predominately single-family.
This area here(indicating) has receet 1 i a e et]re•hased by MR. Silver
who is here, who is in favor of the rejerti n of this proposal. He pland to
build four houses here. We are collaborating the site plan, so he can get some
visual penetration through the sites to the bay, sn you have an immediate adjacent
ti .ee for rejection of this particular
property owner who is supporting ma,
document.
We talked about Mercy Hospital ; :s
happen there, but I suspect right: nu'.,
an apartment building, you have a
in for a 14-story home for the aged oa
blanket opening.
The other comment I heard was, then. , s,,,r years of study on
the planning of Coconut Grove, and :i.t i . t , ,.' . : c r y <:a1n1. board which recommended
the planning study two years, which „r,.,c,ne: that you deny this proposed
application, 5/2 vote before that v'ry c; : un_in board; -they saw the error,
I don't know what the Fair Isle isSuo ha:3 to do with me, but it did have
something, because I ant in a fall -out area to Fair Isle.
legally what can
ices building, you have
know there is an application
so a,r, R-4 i.nsitutional is a
MAY 2 71976
Mr. Dean: 1 aril not Meting to review zoning history to you. This property
was zoned in 1961, we had been here for a roll -hack in 1968, At that time,
three of you whc, ';it on this at: this time, supported at that time, not to have
this rollback. Mrs. Gordon said it was unfair., the Mayor said it was unfair
:ii1Cl Mr. .'i irr?ie er you snit; 7 atti no c ride.Tie legal h.La moo: :r'ou have
`just hear... Lao L' ..:..j rtis :.ia ��'t:).acC goirg from
an R-3 •
is t, .�--i 'T. •'.:`"' ()?1 i!�.C)C:.::: c'_:14atlOi; :bat tiieo :.:i l�t.t of CnerdCtee, St.at it
is going to t eels,-ee(i ,audible)---.i lows me to osild 90 units,
am talking arci.t ssi'.. C ie ,nt.ire site, i.' we go individually site by site,
there is no Cliff i eee e i)•,.:.'N::es R-3 .Ci:. R-4 zone,--(inauc,ible) ,---but if we are
successful in putting Slis :.and together under one development, the diifference
between an R- i end .inu R-4 :is 15 units. The traffic impact using Mr. Luftsr
figures of tr'i:i 7:',1orat.i.on .iC peak :louro are .55 titles that 15, give me a
difference Gn .mpac::10A t,;) here(indicating) at 2 intersections,
we have r.;o cnti.1ncus .'mil exits, 8.23 cars, I": you use his further generations
that Set':' 207: ,:;o nutn, ; have 6 and one-half cars impacting on Bayshore
Drive over :it sn i --z4 zone, over an R-3. That is one/five-thousandths, that is
like Si iCli.iit}. .i pin in your eye, nothing more than a blink, it has no impact.
There is no ir:pact . For staff to say that there is traffic impact, it seems
they slid ths is a great_ big impact.
REv. Gibson: Use a different illustration.
'ir. Dunn: ----give me a maximum height of 30 ft. if I elect to build
it over a L:arage, if I don't, 25 ft. R-1 allows you to go two and half stories
to 35 ft. and you don't have to build it over a garage. There are some problems
there height regulations. Let's go back to the R-3 classification, to qualify
for flood_ , I have to build to minimum elevation of 12 feet. If I build
to 12 ft. with my first floor, 1 can build two levels above parking, with a flat
roof building. This is what you are going to have. Iam limited to a height of 30 ft.
above grade, and cur grade down there is 3 and a half to four feet.
Here is a photographic reproduction of my properties and the adjacent
1.600. My present house is violation, it is higher than 30 ft. Here is the 1600
here is Chateau Elizabeth, it comes up 16 stories.Down the street from me,
900 ft. from my property, is the 10 story and the 14 story Mercy Hospital.
Across from tiff+, i50 are going to be the 4 25-story towers, 262 ft. and you
want me to build a one or two story structure? I think that is unfair.
I had something written clown here, --conclusion,-- and on my paper it
blank. I really don't know how to conclude this.
Mrs. Gordon: Let me ask Mr. Dean a question, if and when there was
a development iifferent: than the kind of development there now. What 1 feel
is important is, are, ---visual corridors to the bay. What kind of development
could take place_ uiuter R-3 and R-4 that: would provide the public with some
visual corridors.
Mr. Dean: 1 have a long piece of property along the bay, and very shallow,---
(inaudible)-----to get the maximum use of that property visually, and that is
why the cane up with 1.00 ft. That is about where we will. be in here, with a
building design. If you go to R-4 you certainly get some visual corridors and
that is why Mr. Silver here is concerned that his property, ----he paid a good
price for those ants, ---ire is encouraging this, we are collaborating on site
plan between his residences, and the development we are projecting.
Mrs. Gordon: There is a question of lot coverage under the two classifications.
Mr. LUft maybe you would like to answer that please.
Mr. Loft: Lot coverage is aho"t 30% in R-3, and dependent upon height in
R-4. The higher you go, the less lot you :.an cover.
Mr. `:)c:i.i:--i}. goes from 30 to 1.8 in an R-4.
Mayor I'e t're:snv oiin..r question?
Mrs. Go;don: Can we say goodbye co the youngsters, tell theta they are
welcome to cee:re back again.
Mr. John Firrell: Mr. Manor my name is John Farrell 2825 S. Miami Ave.
I am representing, the owner of lot 6, Lot 6 is on the end, 'on the canal,,
had intended to make an extensive presentation, I think what has already been
MAY 20V19ib
presented by Mr. Dean more than omp l v covers everything that applies to lot 6,
with one or two exception which I would like to make if I might, and incorporate
on behalf of the ownet of lot 6 all of the pn:sition;4 and arguments exhibits
which Mr. Dean has used as well as any remari: that. may he made by fir. Gardner,
and those made previously by me. Whitney. I would point out your Honor, and
members of the commission that in July of 1975 my client who owns lot No. 6
was at that time able to place r_t, c .;, i exi.it::rn;, ;,-; zo,p-.... (hi:.
property. By reason of a change w.i.c.' i::'i i.c imis. . oa macto i.:'. ._uly of 19754
increasing minimum area requirement t',l 1_,. ft. to 15, , i t, per unit up to
a total of 15 units, overnight, my client: w,c:, reduced from a potential 26 units
which he could have used that ;property for to a potential, presently 13 or
13 and one-half units.
Now, under the present zoning, ::-4 if 1:. a com2are cue zonin;; wi th
the R-3 zoning, applied to lot 6 w;el i:; 1-,e.1a et Lie present time, ---individual
ownership, there is not o ae_ dime's di:.Ti7or..C,: ;,`Y:;ls oZ the aumber Of
units that can be placed on lot No.6 oLuricr nn2e:- i\-4 or R-3---trey are the same.
There is however, this additional ir.uiea-:Uy that would be imposed all in the
short space of less than 1 year, a movement from -4 to X-3 would reduce the
FAR from 1.0 which is applicable in the iti area :o a FAR of .6. In the spare
of less than 1 year, the owner of lot 6 had utilization of this property cut
in half in terms of units almost half in farm>> of the FAR requirements that
are imposed on him. If we go from R-4 to R 1 draw your attention to the fact
that the principle amenities of lot 6, R--3 does not allow the utilization of
any dock purposes, R-4 does. I submit that any attempt to try to reduce the
zoning from R-4 to R-3 is illogical for all the foregoing reasons.
Mr. Frank Gardner: My name is Frank. Gardner, my wife Frances is with
me today, we reside at 1700 S. Bayshore Lane, a property we have owned for.
over 30 years, which is next to Mr. Dean. We would like to join .in requesting
you affirm the Planning Board's denial of this change in zoning for all the
reasons you have already heard this morning.
Thank you for your consideration.
Mayor Ferre: What is the will of this commission?
Mrs. Gordon: Mr. Mayor 1 expressed myself before after Mr. Luft and
Mr. Acton made certain statements, that I asked certain questions relating
to the recommendation and it is my personal opinion that we don't have
a proper classification on the books at this time, which is applicable to
these properties, for ups to take a step which is inappropriate, even though
the Coconut Grove Planning Study does recite that this change be made in zoning,
I am not in disagreement with that. 1 don't believe we have the zoning to
apply to it at this time, and I am one who Adheres to the concept of properly
zoning an area to maintain its character 1 feel at this time would be improper
to make a change and I uphold the Board's recommendation.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
Mo'PTONN W. 76-512
A MOTION UPHOLDING THE RECOMMI'Nl)Al'Tt)N OF TIIE PL.ANNING ADVISORY
BOARD AND DENYING THE APPLICATION OF THE r[.ANNING DEPARTMENT FOR
CHANGE 1N ZONING CLASSIFLCA'I'LO'N OI' PROPERTIES FRONTING ON AND
ADJACENT TO BISCAYNE BAY FROM OSCEOI.11 C.NAI. TO BUT NOT INCLUDING
THE MERCY HOSPITAL TRACT
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote!
AYES: Commissioner Mano.i c. . , Doso
Commissioner (Rev.) ".'r;c•.1uare oibson
Commissioner Z. L. Pi.c:e,:er, Jr.
Vice -Mayor. Rosa t;o rd c; i
Mayor Maurice A. Forr.•
NOES; None.
MAY 2 71976
Mayor f.•►ro: Mr. Filer and these that wore up hire making their
statements, i want to say I have the highest and respect and regard for
yeur continuous defense of what you think is right. 1think it is right,
and I commend You for it, l had written Mr. Filer a letter, he made a
nasty accusation of me previously, not to my Rice'., he dent It to somebody
else, who �, ;lf: ,. .,t' .t it t3 me; an, ....`. s'.+'ered .`lr. f ilo:, u S ._;
stating what .lj' _ os:ioo Was_ Wo.en pece-ile's in:egrily is quest oned :hiric
you have to answer approprial'eiy. I t: lee 'moo do the , to Mr. Filer, let
me repeat on the record, that I try to servo my community as best i can.
I vote my conscience ai;d I do what 1 think is right. Unfortunately slang oT
the people in ceri:ain parts of Coconut Grove don't agree with the way I
have been voting. They have an opportunity to express their anger every
two years and they have in the past. Several of them have run against me,
and as a matter of tact when I first came here in 1973, that particular
precinct Is the tmy precinct that i lost and I lost it by one vote, and
I won every other precinct, fortunat,ly, against eight opponents. That may
be part of the past, 1 don't know. The point is we have to vote what we
think is cor_ec t an(' what is our. conscience. In this, book that fir. Dean
gave to us, and I have read very carefully because he gave it to us at the
last hearing we had. He quoted me and Rose Gordon, Plummer and a lot of other
people on this commission and in the community. As I recall it was back in the
days of, 1968. In 1968 I expressed myself about this whole matter and it is
in this hook. I. would say that t really would not change my opinion. That doesn't
mean that 1 am not capable of changing an opinion. I change an opinion when I feel
there are facts to change that opinion. I concur with Mrs. Gordon who is certainly
one of the most outspoken defenders of the right of neighborhoods in this community
and certainly has been the champion of Coconut Grove and I certainly would concur
with a 5/2 vote of what happens to he an extremely conscientious Planning Board
who time after time, after time, goes to what some people might consider
extremes, but I think that is the useful purpose they are suppose to serve
in the protection of the community, and with all of that long explanation
for which I apologize, I vote with the motion.
Mrs. Gordon: May I address myself Mr. Mayor to Mr. Luft and Mr. Acton
with regard to the .institutional zoning and also to whatever might take place
on the Mercy Hospital property. I would be most anxious that we have a rather
rapid series of events take place which give us control, what is going to
start happening or has happened and that we may then know what will he happening
before it takes place, and that is what Mr. Plummer has stated that is already
on the books and I don't know if it why we haven't had it before us, but somebody
check that out and get us a report and see if you can't move that along rapidly,
please, if possible.
Mr. ,Alexander: Mr. Mayor, may I just for a second, on that last
issue, ----Mrs. Gordon expressed some reservation about the category of R-3 for
this property. Would the Commission possibly entertain at this time a request
to their Planning Department to come up with another zoning category that would
be more appropraite, while taking no action at this time on it?
Mrs. Gordon: We believe that is being done.
Mr. Altxouier: Is it?
Mrs. Gordon: T heard the comment made that Dr. Bartley was developing
such an ordinance. 1 heard that before and that is why I didn't mention it
again.
1`'avnr Ferre: Let me say that 1 am in complete sympathy and agreement
and 1 told the people, I told Attorney .:ce Flemming who was here with Arthur
Patten to Fair isle, he came up to me, and I must say on his behalf that he
and several others were one or the few that came up and said, look, we recognize
your dilemma, we don't agree with what you did, but we see the reasonableness
of it even though we don't as`,ree with it, We Went on Fair isle from 2200 units
they are .lylo::..0 to build there under present zoning to 1460 units which they
had a ;:trout for, to 770 uni t,----that is suite a drop,, :ow, at that time he
said what ,we really ought to do is address ourselves in general to a new classi—
fication where, if they; are going; to have'770 units, all along the bayshore, we
get a new classification. Rose has been on that theme of island development, but
it more than island development. It is island and bayfront and I certainly would
subscribe to that.
43 MAY 271976
nleyiinder: Well., Mayor I think we all understand) the urgency
o f t h i .. t, there anyway we can exiid l to this so at least you will have n ch;ane4
u,•r•r •:heft ly to review another ordinance.
i rs. Gordon: Mr. Acton, whr>;'e. :,re_ we in this new developing embryo?
Mr Acton: We have a draft of t..e c:1F ex idl to
a new zoning classification as applied; :o wacerfroi t pre ertit?s II would say
within 60 days.
Mr. Alexander: I know you have the ability to cxpidite things
could you do so in this case?
Mrs. Gordon: Will you be expiditing that ri,>idly't
Mr. Acton: Yes.
Rev. Gibson:That gentleman that just I.ef t?----------
Mr. Acton: Mr. Alexander?
Rev. Gibson: Yes. Air. Mayor, to concur with his concern, is it possible
or can we in some way say look, we are not going to tolerate anymore development
down there until such time as we get an opportunity, to say something to
the building department. We don't want to argue about it, but I want to assure
him and yet expedite it.
Mr. Alexander: We have been under a moratorium for a year and a half sir.
Rev. Gibson: Mr. Acton, for God's sake don't have this man tell us that
again, please.
Mr. Acton: Okay.
Rev. Gibson: You understand Mr. Alexander how we feel?
10, ACCEPT CORDED WORK PERFORMED BY ORLANDO MENDEZ, INC, FOR ALLAPATTAH
COMSTOCK PARK - PAVILLION,
The following resolution was introduced by Commissioner Reboso , who
moved its adoption:
RESOLUTION NO. 76-513
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY
t)RLANDO MENDEZ, INC. AT A TOTAL COST OF $83,870.02 AND
AUTHORIZING A FINAL PAYMENT OF $9,272.62 FOR ALLAPATTAH
COMSTOCK PARK PAVILION
(Here follows body of resolution, emitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the followfuL, vote.:
AYES: Mr, Reboso, Mrs. Gordon, Rev. Gibson ;and >1.i or Ferre.
NOES; None.
ABSENT: Mr, PLummer.
MAY 2 71975
ILL AUTHORIZE 1U°o RE rA I NAGE FOR MIAMI MODERN POLICE HEADQUARTERS BU 1 LD 1 NG i
ill., following resolution was introduced by Commi.ssionet Gordon , whc)
r r.:ed it adoption:
RES -,JTI N NO, 76-514
;`E DIRECTOR Oi i':13�JC ltiORXS
:� RESOLUTION AUTHORIZINGl fi�Z-"NG
REDUCE THE 10Z RE'lAINAGE i'17A. Ti.i MIAMI mo L'.1xQUARTERS KILDING IIE`c'ORE 'I::,:. COMPLETION AND ACCEPTANCE OF
7HE BUILDING Ili THE CITY COMMISSION, AFTER ?IRS: CONSULTING
WITH THE ARCHITECT AND THE DEPARTMENT OF POLICE
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Mrs. Gordon, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Plummer
12, PLAT ACCEPTANCE - A,M.U. SUBDIVISION.
The following resolution was introduced by Commissioner Gibson , who
moved its adoption:
RESOLUTION NO. 76-515
A RESOLUTION ACCEPTING THE PLAT ENTITLED A.M.U. SUBDIVISION
A SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATION
SHOWN ON SAID PLAT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT
UNE (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. Reboso, Mrs. Gordon Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Plummer.
25
MAY 2 71976
ACCEPT COVENANT TO RUN WITH THE LAND EXECUTED BY SILVERTOWN, INC,
ITREES SUBDIVISION,
Fhc following resolution was intro iele0,1 by aner Ci1hsnn , who
moved its adoption:
RESOLUTION
A RESOLUTION ACGE2TiN::r A C_VEAA T T::.1 RUN WITH ThE LAND
EXECUTED BY SILVERToVC, :' ..'TP(NING THE IMMEDIATE
CONSTRUCTION OF N.W. 35 STREET WEST
OF N.W. 18TH AVENU '. fc .'i::I'i SUBDT.VISION;
AND AUTHORIZING THE ;i.;r:::;;;;t OF FINANCE 70 RELEASE THE
BOND IN THE AMOUNG O i ::, ;/n6 . ot; ACCEPTED BY THE CITY
OF MIAMI TO GUARANTEE 'ziii; C.6:-':'i.ETT+)N OF THE SUBDIVISION
IMPROVEMENTS
(Here follows hody of resolution, omitted here and
on file in the Office of the. City Clerk)
Upon being seconded by Commis .ior?er Gordon , the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Mrs. Gordon Rev. Gibson and Mayor Ferre.
NOES: None
ABSENT: Mr. Plummer..
14, oAME1,V, THE APPROPRIATIONS ORDINANCE- TO INCLUDE UNAI I ATED � RF IOyAL
AND TOINCLUDE ANTICIPATED EXPENDITURES OF��, • FOR
FOLK FESTIVAL & INTERNATIONAL BALL,
AN opprmA !CE FNTITLFD
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 8464
AS AMENDED, THE APPROPRIATIONS ORDINANCE FOR FISCAL
YEAR 1975-76 TO INCLUDE UNANTICIPATED REVENUES IN THE
AMOUNT OF $32,000. AND TO INCLUDE ANTICIPATED EXPENDITURES
IN THE AMOUNT OF $32,000. FOR PARTLY DEFRAYING THE
COST OF THE TNTERNATli)NAi: FOLK FESTTVAL, MAY 9, - JUNE 12,
1976 AND THE INTERNATIONAL BALL, MAY 1.4, 1976; REPEALING
ALL ORDINANCES OR PART:'. t)F ORDINANCES TN CONFLICT HEREWITH
ANI) CONTAINING A SEVERA1i11.I11 PROVISION
was introduced by Commissioner Gordon and seconded by Commissioner Gibson
for adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the following
vote:
AYES: Mr. Reboso, Mrs. Gordon, REv. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Plummer
ABSTAINING: None.
Whereupon the Commission, on motion of Commissioner Gordon and seconded
by Commissioner Gibson adopted said ordinance by the following vote:
AYES: Mr. Reboso, Mrs. Gordon, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Plummer. ABSTAINING; :.,one.
SAID ORDINANCE WAS DESIGNATED l)c D1 ti ANi. . 8553,
t) MAY f t� 2ry Q
1976
) 1150
ir
RATIFXX ACTION OF CITY ,MANAGER =.LEASE AGREEMENT WITH DADS COUNTY
Lf) STREET FOR SOLID WASTE TRANSFER STATION+
The following resn1„tinn wiq introduced by Commissioner Gordon
, wiio moved its adoption:
RESOLUTION NO, 76-51 J
A RESOLUTION COti F R IG ThE ACTION TAKEN by THE CITY
MANAGER TN ENTERING INTO A LEASE AGREEMENT WITH DADE
COUNTY FOR THE LEASING OF A PORTION OF CITY PROPERTY
APPROXIMATELY AT 1150 N.W. 20 STREET, FOR THE PROPOSED
DADE COUNTY SOLID WASTE TRANSFER STATION; AND ALSO
EXECUTING AND DELIVERING TO DADE COUNTY A GRANT OF
"AIR RIGHTS" EASEMENT TO A PORTION OF CITY PROPERTY
WESTERLY ADJACENT THERETO
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson , the resolution
was passed and adopted by the following vote:
AYES: Mr. Reboso, Mrs. Gordon, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Plummer.
Mayor Ferre: Paul while we are on the subject I had a phone call from
a local prominent attorney who also represents a prominent newspaper in town,
wanting to know, as these things are apt to happen around here, whether or not
we would take a subordinance position for some additional bonds for Dodge Island.
My reaction was, no I don't think this time around we would. I think we are due
a lot of monies that haven't been paid. That happens to be one of them. I think
we also have 9 hundred thousand dollars coming due on pre -rental for an office
building which Ray Goode himself said that there wouldn't be anything for the
next 10 or 15 years and the way inflation is going our 9 hundred thousand dollars
is already worth four hundred, by that time it will be worth a hundred, ---and I
would like see if we can negotiate. When they come to ask us for something they
are going to want I want us to be ready.
Mr. Andrews: It is item 1114 you are really talking about.
Mayor Ferre: They are already asking.
TIFY
16 0 PROVIDE DEIASSISTANC ON OF CITYIN MA CHISEAGER 'IN NNEGOTIAT ONSCWITHES FSIvo:,
ONE
JD TELEGRA'H CO,, INC,
Mayor Ferre: Item 13, Southern Bell Franchise, the City Manager
recommends.
Mrs. Gordon: I have a question to ask Mr. Andrews, is, there is still
further negotiations, is this included in this.
Mr, Andrews: I would say that after you heard from me and Mr, Brown,
about 12 o'clock today, we are going to maybe use that firm more than ever.
Mrs. Gordon: Why don't we let this go until later in the day.
Mayor Ferre: I have no objections to that except that you realize we did
tell the Manager to proceed, and
Mrs, Gordon: But he said an amount of money, that might, or might not be
the proper amount.
Mr, Andrews: They have bills presented that I would like to pay,
27
Mrs. ';ordon• f)n you want us to i+:: this with this stipulation not to
exceed in it?
Mr. Andrews: Yes, at this time.
Mrs. Gordon: You can ask i o
The following resolution wri
moved its adoption:
RESOLUTION NO. -16-5ic:
,orcon , wr u
A RESOLUTION APPROVING Ai; RA ; r'1Xc, THE ACTION OF THE CITY
MANAGER IN ENGAGING TilE SERVICES OF. R.W. BECK AND ASSOCIATES
TO PROVIDE TECHINCAK ASSISTANCE BOTH PRIOR TO AND DURING THE
CURRENT FRANCHISE NEGOTIATIONS s T H SOUTH ERN BELL TELEPHONE
AND TELEGRAPH COMPANY, INC, WITH THE ACTUAL COMPENSATION TO
BE PAID R.W. BECK AND ASSOCIATES NOT TO EXCEED $10,000.
ALLOCATING FUNDS FROM THE EXECUTIVE SURPLUS SALARY ACCOUNT
(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. Reboso, Mrs. Gordon, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Plummer.
v. Ci6gRivIO!`JFPROG AMCouNfY SEAPfRT REVENUE BONDS 3 NEW PORT OF MIAMI
Mayor Ferre: Now, we arP nn item 14. I would like for Plununer to
listen to this. This may be one of the most important things we will talk
about today. Is Mr. Plummer around?
Mr. Carmen Luneta, Asst. Port Director: I would like to strongly urge
the commission to adopt this resolution so we can go on. The essential part
of the resolution before you, calls for the construction of an additional
transit shed at the port of Miami, to the tune of 3,3 million dollars, which
is to serve our largest user, CCT, .a subsidiary of U.S. Freight, who is
presently committed to two new vessels in the amount of 100 million dollars,
to be solely used at the Port of Miami. This would further give us a capability
of handling anywhere between three and four hundred thousand tons of cargo, which
would further generate an economic impact of new dollars, some 15 million dollars
into this community. In the past, the seaport has received its strongest support
from this City Commission to continue in its development of its fullest potential
benefit of the entire community. 1. think we can all take pride in this ultimately
achieving some 150 to 175 million dollars of ,:.cuowic impact. The resolution before
you, in no way furthers the date of the .1.2 million dollars debt which is now set
. So 1 strongly urge this commission to pass this resolution
in behalf of furthering your seaport development and allow us to go on with the
necessary projects that we must necessitate to maintain and keep our precious
shipping industry which has been . benefit to this community, and a tremendous
impact in the last 5 or 6 years. Furthet the development of 3.3 million dollar
construction program in my mind at least, would be a tremendous benefit to the
sagging construction industry. This would create additional employment in the
construction industry. But more essential than anything else, the name of our
game at our port today is to meet our commitment to maintain our shipping interwst
and not lose it from this community, in :Ykiinta fining the facilities that are requi r+-d
for their growth, and their growth has been substantial. So for these reasons, 1
ask the City Commission to pass this resolutlui;,
REv, Gibson: I get awfully disturbed sitting on this commission, whenever
these items are involved, There is always an urgency, a demand, a polite demand,
But the same people we do these things for, are never kind to us, I want to make
28
MAY 2 71978
sure you heat me, so you could go back and tell them. It is a nice thing
to live in this world, knowing that you know, Gibson, --you don't give a damn
about you, but 1 do treed you.
Mr. Lunetat I would like to understand the people you are making the
reference to. 1 think T. stated earlier, that 1 think over the years of r.y
tenure on the Board, there has been ;..ore than n d he3_ty .'appor oetween the
development of the seaport,--il an not Speaking of the county,the seaport
within itself),--
Mayor Ferre: Carmen have to interrupt you, 1 don't want you to get
into trouble_ here. I want to say personally tram. Admiral 7tevens,Ca?t. Waldron,
and Mr. Luneta, could not have been anything but cooperative with the City of
Miami, and I am sure Paul, you would concur with that. They have been good
friends, and supporters of ours, and we have a had a fair, wonderful relationship
but you see, Father Gibson isn't talking about the seaport, and therefore in a
way , Carmen, you are the wrong person to be here. We apologize, we are not
knocking you. You have done a hell of a job. This community is fortunate in
having a public servant like you, and I know the kind of job you have done.
That is not what we are talking about. WE are talking about Metro. They know
and they are smart. What happens is instead of staff coming here from the
Manager's office, where we can get into a real discussion, they sent you down
here. They know we can't knock you, because you are a nice guy, and you have
done a good job, and you get along well with the City of Miami, So we feel
embarrassed to say anything bad to you, because it is not fair to knock you.
You are our friend and have done a good job for this community. But, ----here
comes the but, Metropolitan Dade County owes the city of Miami a lot of money.
Everytime we come here and we get expansion of the port, we get into the problem
of when are we going to get paid. The answer always is tomorrow. You see, the
City of Miami turned over the port to Metropolitan Dade County. That is all right,
as it should be, we also turned over the Library, that is probably as it should
be. We also turned over Water and Sewers. Our water and sewer man stood here,
the head of it, and he said what you are turning over is 500 million dollars.
You know what we got for that 500 million dollars, zero, --nothing. Now, I ask
you, you and I are not judges. That is not our job. But we are human beings
and we pass judgement. We make decisions.
Let me post this to you. That Water and Sewer Authority was built by
the efforts of this city over a 30 year period. We turned over, for example
when you take the Miami Library system, that cost the taxpayers of Miami money.
When I came on this commission in 1967, at budget time, I said what is this
library millage. I said what is all this about. We were paying special taxes,
is that right Paul.
Mr. Andrews: Right.
Mayor Ferre: You have to look at it this way. Here is Dade County, and
there's a hundred people here. Twenty of the people here are paying a tax to
build a library, twenty of them.Eighty of them are the recipients of that. And
I don't pay anything. It is not the City of Miami.
Now, you come before us on an emergency basis and I am with you. You
when this port was started it was going to be a passenger port and the Miami
Herald fought it tooth and nail, as strong as they ever fought an issue. Now
everybody is happy with it, but the point is this is a hot item in this community
for years and years. It was a controversial item. It took an awful lot of doing
to get that thing going. NOw it is a great success. It was supposed to be a passenger
port. I don't want to get into discussion with you that transit shed NO.7 is
a cargo space facility. If you will forgive me, and indulge with me for a little
thinking about this. Let me tell you what this means. NO, 1, we have a pending
issue with Lummus Island which you don't want to face. You want to face it, and
Capt. Waldron wants to face, but Capt. Waldron's boss doesn't want to face it,
because they are waiting for somehow, ----I am not going to mention the same people
over again, ---one day the fruit is going to get ripe and fall off the tree. I have
been hearing this for 8 years, That particular lawy.r who is a friend of mine,
who represents that certain newspaper, is always telling me, next year, the City
of Miami is going to be financially broke. I keep telling him, you have been saying
that for 8 years, when is it going to happen? I want to get back to a normal life.
It just doesn't happen. The poing I am trying to make is, that you are waiting
around for LUmmus Island to drop in your lap, it is not going to drop in you lap,
and we had better start facing the issue, Not you, but Metropolitan Dade County,
and the City of Miami, that it is now time to sit down and negotiate the transfer
2z
MAY 2 71976
of Lummus Island. But we are not going to givr' you Litmus 151rind. The first
thing we need to do is, we want to know on 1:ronsfer shed NO. 7 whether or not
it should be on LUmmus Island. If we advance the cause of transit shed NO,
we are putting off the ultimate solution of Lummus Island, NO. 1.
No. 2, the City of Miami is owed money, on the port.How much is it owed?
Mr. Andrews: $1,354,351.00.
Mayor Ferre: Has Metropolitan Dade County pair; any money?
Mr. Luneta: Yes, I think the original liability Mr. Mayor was 1.5 or 1.6
million dollars.
Mayor Ferre: How much has been paid?
Mr. Luneta:By virtue of city projects that went on in the downtown
area, whereby we were able to make available fill to the projects a considerable
cheaper cost, --
Mayor Ferre: If the port had been ours, wouldn't have had that problem.
Mr. Luneta: We received credits along those lines which has now brought
it down, as Paul mentioned to 1.3 million dollars.
Mayor Ferre: We are very grateful for the fill but I would like very
much, and I know it was bargain by the way, and we are grateful. I would like
to send a message. Let's send'your people a message, that we would like to know
when we are going to get our $1,350,000. and we would like to know when we are
going to get the $900,000. still due the City of Miami on downtown rental, and
how much else is owed to us?
Mr. Andrews: I'll get a tabulation.
Mr. Luneta: I would like to address myself to several of the questions
you proposed Mr. Mayor. I definitely want to stay out of the realm of the avenues
of the water and sewer treatment plant which is as far as Iam concerned a direct
relationship between the two managers of Dade County and the City. We have a
selfserving interest in ourselves and Adm. Stevens, Capt. Walsh and myself, in
promoting for the community benefit the seaport. I think we have received this
type of coopration up till the last year. I would like to address, if I can answer,
your one question regarding the placement of this transit shed. If in fact we
were successful in negotiating Lummus Island today, it would be at least 3 years
before we would be able to receive any benefit whatsoever from this island. It
will take us a year and a half to acquire the necessary dredging permits, equally
as well the bulkheading work that has to go on to filling the buildings and the
railroads and etc. So on the south side of Dodge Island as you have seen for
years has been a disposal site for our dredge materials, some 65 acres. The
pressing needs of the port today as upon us right now. They have been upon us
for the last year. WE are placing trailers all over the port as evidence,
everyplace but the palm trees. We want to develop this 65 acres in order to
maintain our shipping interest we have in this community right now because they
are being enticed by Mobile, New Orleans, Jacksonville, and the only way we can
maintain this is come up with the necessary facilities and handle this within the
next two or three years, will require that this dr:velopment takes places on the
south side of the island.
Mayor Ferre: Carmen you know exactly what I am doing. I don't want a
transit shed going on Lummus Island. I want the courtesy of his boss, come and
call on Mr, Paul Andrews and sit Town and say, look, next week on Monday I want
to start negotiations to tell you how wt: are going to pay you sever]. million
dollars we owe you No.1 and No. 2 we are going to start telling you we want
that island. I'll tell you exactly what I have in mind. I have in mind the FEC
property that we are going to court on in a very shor time and we are going to
need some additional money. That is where I hope we are going to get the additiona
money.
Rev, Gibson; Mr, Mayor I am not talking about the money. I don't think
the counsel understands me. I don't have a thing against you. I think eventually
the Port Authority belongs to who?
Mr. Luneta;--to Dade County government,
au
MAY 2 7 1976
Rev. Gilson: A11 tight, ail right, ----legal technicNl it ices, What you don't
understand, the practicality of what I am saying is SO easy, i would trope the.
bosses once in a while will say these aren't such had fellows.
We understand what you are Ottt Cc.ey iLskei, me, who was born and
bred in this town woo for 61 years, �� taker the eeuity of7 the people and just
pass it along. I would mope they wouiu come .;ere for a change.
11r. Luneta: This is not within my province to bring this about for you sir.
Rev. Gibson: Let me say this to you, 'i1 teii you one thing, it is within
our province to get this for you. I don't mean you personally.
Mr. Luneta: Let's speak of the community. This is a community seaport.
It may be owned by Dade County but it is a community seaport.
REv. Gibson: It is also true that the water system is now community
owned and was owned by us. Isn't that true?
Mr. Luneta: That is correct.
Rev. Gibson:I hear that every time these issues come up. I hear the
very thing you are telling us.
Mr. Luneta: Ninety percent of the shipping industry resides in the City
of Miami limits.
Mr. Plummer: Who is getting the revenue?
Mr. Luneta: The revenue at the seaport has always been obligated to the
further development of the seaport and not one penny has gone back into any
general fund whatever.
Mr. Plummer: What you are saying sir is this, Metropolitan Dade county,
is operating the seaport at the expense of the people of the City of Miami.
All we are saying to you is, yes, we would like you in the seaport business
and take us out of it. Is that unreasonable?
Mr. Luneta: I think the only way I can answer your question Mr. Plummer,
if we can sit here and watch the deterioration of 150 of impact into this community
then what you are saying is appropriate. 1 don't think any of us in this community
whatever the other issues that are surrounding our discussion here right now,
has any real credence of what we are trying to do and accomplish as an end result
as a community.
Rev. Gibson: That is why we want your bosses to come because everytime
you come, --let's say, if the seaport people come this time, we get what you,
say; if the water people come, we will get what they are saying. But what we are
saying is, your bosses, meaning the Metro Commission, has a responsibility of
all of you. If they were here, they would then begin to understand how we react.
And you indirectly have to tell them how we react, if you tell them at all.
Mr. Luneta: I would be more than appreciative to carry this message
forward, Commissioner Gibson, believe me.
Mr. Andrews: Mr. Mayor and members of the Commission, I think the other
message that you ought to make known is that here we have a $3,700,000. bond
issue that is on the basis of certain re"cnues to be earned. That means that
there must be some additional revenues that the port is generating in order to
secure bonds of this nature, Somehow we ought to formalize then, take 10% of any
future bond issues and add that to it so we can get that in installments until
it is paid off,
Mayor Ferre; I don't think anybody has taken the time to explain exactly
what is involved in this, You see when the city of Miami turned the port to
Metro, we were owed certain money, it was about 1.6 million. As it was, that
in itself was a gift, We gave a property probably worth 20 or 30 million dollars
away for a 1,6 million, In that case,like water and sewer where we wern't paid
anything, in this particular case we were. But that was in 1961 and we haven't
been paid a cent, In the meantime these revenue bond issues are being,----
MAY 2 7197
they go outs sere? Everybody is milking money on it, hul thr pun old r Ly
of Miami, Now, what we are being asked to do here, so you understand what
we are doing, we ate subordinating our $1,350,000. so that a revenue hond
can be sold and the revenue holders willget their 3.3 million beforo we get
our 1.3 million.
All I am saying, I am speaking ror myself, I have nothing against the
Port Authority, or you, and I think you guys are doing a yeoman job, and
a terrific job, but as Mayor of the City of Miami, and representing 20% of
the Dade County community, and the 354,000 people that live here, 1 am tared
of getting kicked around. Plummer can speak for himself, I am saying 1961 to 1976
is a long time. That is 15 years and I think we have waited long enough and 1
haven't seen any jesture of good will or good faith, and I am just telling you
I hate to do this, because I know yours is a good cause, and this is an important
item. I am not voting for this. I am voting no until I know we are going to get
paid our 1.6 million, and until Iknow what we are going to do with Lummus Island.
It is just that simple.
Mr. Luneta: I would like to address myself to two points. No. 1 by City
resolution of May 1974, the latter part of the resolution states, of the joint
resolution of the City and County, mentions the preambles of the trust agreement
dated June 1, 1961,--"securing seaport revenue bonds of the county will be in
accordance with said section 3-C postponed until after payment of the seaport
revenue bonds of the county including the seaport bonds series G and the maturity
of all the issues up to series G is now set for calander year 2002. If nothing
else is done, and if this resolution is defeated by virtue of our trust agreement
at the seaport, and this resolution passed by the City of Miami, the obligation is
still not due until the year 2002.
Mayor Ferre: Maybe we can advance that a little bit.
Mr. Luneta: Let me address myself a moment if I can. Within the financial
framework of the trust agreement, we are invovled presently with two issues.
As Paul mentioned that the additional surplus revenue coming to the port, so
called profit, in the last two or three years because of the trust agreement
and in the prescribed manner in which the funds from the seaport can be allocated
it has been incumbent upon us to take in the last two or three years, approximately
2 million dollars to be placed in a redemption account to early mature bonds that
have been previously issued. In the last month to 60 days, we have endeavored with
the bond consultant of the trust agreement, defined means of doing two things and
this would be from the net revenue profit of the seaport which has grown in that
same period of time from 3 million to this year, slightly over 5.3 million dollars.
Whereby we can enter into agreements with the City to do one of two things, one,
purchase Lummus Island and secondly enter into an agreement between the City and
the County whereby the City would be able to receive x number of dollars per year
and mature that liability in an earlier time than the year 2002. I am not at liberty
to say that in fact that we 100% agreement by our bond consultants and in fact this
is a legitimate transfer of funds but I would feel safe in saying that in the very
near future I am sure we will be again, and here again I think we will speak for
our seaport ourselves to addressing these issues. Because Lummus Island is a very
essential part of the further growth of this seaport in this community. We are
behind in time.
Mayor Ferre: Mr. Luneta, the man who pays the piper call the tune. As far
as I am concerned, you haven't paid any attention to us in 15 years and my
feelings are hurt, and I think it is time for you start paying a little bit
of attention to your small, friendly City of Miami.Not you, but Metropolitan
Dade County and I am sure you get the message loud and clear.We are talking this
over and over and I'll do whatever the majority of this commission wants to do.
I'll open it to questions or anybody warts to make a motion that this item he
accepted or deferred.
Mrs. Gordon: With regard to this revenue bond issue that Metropolitan
Dade County seeks to obtain and for the construction of the cargo portions
of the port, is that correct?
Mr. Luneta; Correct,
Mrs. Gordon; My concern is almost a defensive kind of concern because
we are attempting to provide an alternate location for a certain cargo concern,
It is my concern that if we don't have a facility to offer, we, meaning this
32 MAY 2 71976
community at large, we might Find onrselv�•s painted into as corner, and this
is my real concern.
Mayor. Terre:And mine too,
Mrs. Gordon: Therefore, if in fact this were passed and the bond issue
was obtained by the county for that purpose, 'now soon wuuid this kind of con-
struction take place.
Mr. Luneta: Hopefully the next few steps involved in securing the bond
issue would be concluded in about 60 days and in order to meet the time frame
of the arrival of the two new cargo ships coming, it must be completed no later
than the fall of 1977 otherwise we run the risk of using this business entirely.
Mrs. Gordon: I am concerned that we are not getting our financial due
but I am really concerned, I am equally concerned about that, providing
a space.
Mr. Luneta: I. think that is exactly the message I am trying to bring here
today.
Rev. Gibson: Mr. Mayor I. am going to voice my feeling. I don't want to
stop progress, but I think I want to see your bosses.
Mr. Luneta: I'll be more than happy to pass that message on.
REv. Gibson: I am going to pass it on by asking that this matter be
deferred. They will get the message in a hurry.
Mrs. Gordon: It is not on the agenda, but can the message be delivered?
Rev. Gibson: I don't want to do it that way. Then you just shove me around.
I want a meeting for this purpose.
Mr. Luneta: Commissioner Gibson, I can't help but believe we are attempting
here of mixing apples and oranges, and I think the risk, and I am speaking in the
community benefit now, the risk we are running by postponing this thing as a port
administrator, is a very grave concern of mine.
REv. Gibson: Let me ask you, was you born in this community?
Mr. Luneta: Yes, I graduated from Edison -High School and University of
Miami.
Rev. Gibson: How old are you, if you don't mind telling me?
Mr. Luneta: I just turned 46.
Rev. Gibson: I don't mind telling you I am 61. My parents grubbed the
palmettos right where you are talking about. There is no question in anybody's
mind, I trust, about my love for this community. I gave up a very lucrative
thing the other day, because I love this community. I want everybody to under-
stand it. I want to see the bosses.
Mr. Luneta: I want to stress the point sir, that we are running a grave risk
in meeting our commitments.
Rev. Gibson: We hear that all the :'_, .
Mr. Luneta: I think you will find in the past, the port of Miami with its
growth and its impact on this community, there have not been too many occasions
that we have come before this group, with not meeting either the projections, the
impact we have stated, I think this goes back to Adm. Stevens. My concern Mr.
Mayor is the fact we can ill afford, this :,houid have been before the commission
in the early part of this year,
Mayor Ferre; You should have come here 5 years ago, don't come in here now
because of the bond market in New York, or somebody in your bond department hasn't
done the right job, or hasn't got facts straight. Don't come teeing me that all
t)v
of a sudden you have a major emergency, that we deed to act on today, and
15 years have gone by and not a word, so I am sorry. Address yourself to that,
or somebody should, t am not asking you to, but before this thing is solved
somebody better address thetnselves to that.
Mrs, Gordon: A legal question if you. are going to co'rrt the etid of this month,
and if there was a facility available or being made available, would that in any
way help your case?
Mr, Lunetat It would be a factor to be considered,
Mrs, Gordon: Still it is a factor showing the sincere interest of this
community in putting proper uses in the proper place,
Mr. Lloyd: Yes, this is true.
Mrs. Gordon: This is a real concern of mine and this is why 1 would hope
that we could expidite this, if not right this minute Father, that we at least
discuss it this afternoon, if the Mayor chooses to make such an item.
Rev. Gibson: If you are going before the court the later part of June,
what is the date? This is the 27th of May, I can read, and I am no fool. I get
very upset every time there is an emergency, we get stampeded into these things.
Go tell them what Gibson said. That is my motion.
Mr. Plummer: The motion reads that this is deferred until such time
as the Metro commission can convene with this commission with the purposes
of further discussion on this item.
Mayor Ferre: I would imagine that also entails the staff work that needs
to be done on the part of both staffs to bring to light what it is we are going to
be negotiating on. Somewhere along the line we have to come to an agreement on more
than one thing.
Mr. Plummer: If the motion to defer in my estimation is going to accomplish
something then I vote for the motion. If it is just a motion to defer then I
am going to vote against it.
Rev. Gibson: The motion is to defer until they come up with a meeting
to agree to solve this problem. They could do it in the morning. I have nowhere
to go.
The following motion was introduced by Commissioner Gibson who
moved its adoption:
MOTION NO. 76-519
A MOTION TO DEFER PENDING A MEETING WITH THE COUNTY COMMISSION
A PROPOSED RESOLUTION CONSENTING TO THE ADDITION OF CERTAIN
IMPROVEMENTS TO THE NEW PORT OF MIAMI TO BE FINANCED BY ADDITIONAL
SEAPORT REVENUE BONDS OF DADE COUNTY
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner (Rev,) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre:Carmen, again, I hope you understand, and I know you are
going with your feathers a little bit tarnished and torn, Believe me all of
us here want to see shed 7 built,
Mr, Luneta; I do appreciate Mr. Mayor what you are addressing yourself to
MAY 271976
and :+, I mention earlier, the function that I +:ome before thin commission
was, ►.n tell you ;bout your seaport, this community seaport, the urgency of
matter before You,
Mayor Ferret We hope the ;. r+en. 1. o;r.^el and propel your bosses to
react to something they have been :4 to a on for 15 years.
Mrs, Gordon: I want a clarification. if you will Mr. Mayor to summarize
what we are seeking exactly from them now.
Mayor Ferre: As I see it Rose, what we are seeking :ts to bring to a head
and sit down in a communication seFsiva where we can hopefully come to an
agreement, one, on the payment of 1.3 million dollar debt, two,on $900,000.
that is outstanding on a City Hall, and I. don't know what other debts Metro
has to us, but there are many. 1 would say that they owe us well in excess of
2, maybe 3 million dollars, and we never hear from them that they are going to
pay. The next thing I think we need to sit down and talk about LUmmus Island
and the third thing is the FEC property we are hopefully going to be taking in
June. The FEC property which you are talking about to eleaborate a little bit on,
is not state statute but is going to '.,e federal law, because once we win this
in the State, the FEC is going to take this to federal court, and one of the
things they are going to allege, is that they are involved in commerce and
they railroad things down to this port, and they ship them, and what the City
of Miami in effect is going to be doing is, running them out of business, which
I understand there is federal law specially in regard to shipping, that prohibits
us from doing that. One of the answers to that will be, the FEC has alternatives.
As long as we can say to the federal court, this won't come up in the State
court that the FEC has legal alternatives, then we are not in any way forcing them
out of business.
Mrs. Gordon: That is what this would in effect help us to be able to say.
Mayor Ferre: if we could get LUmmus Island underway and get that thing
connected, and get that worked out, perhaps we will then he able to deal
either directly with the FECfor an exchange of property or through Metropolitan
Dade County by selling Metro Lummus Island and you work something out with the
FEC and we just take the property.
Mr. Luneta: I think in the past we have exhibited our support in your
endeavor at the FEC property, in many ways, the Master Land Use plan on
LUmmus Island as you are fully aware of. Secondly trying to find the necessary
funds whereby we could support whatever the court appraisals are in that transfer
of the FEC purchase in moving them to Luimnus Island. We have diligently been working
at it: simply because it is a self-serving interest in many respects, whereby in
our Master Plan is very essential for the onward growth of this port in this
community. So with those things, I would be more than happy to pass on the
message of the tone of this commission, and I will walk away with the sad
satisfacition really that I think that we are, and I hope I am wrong, threating
our future growth at the port.
F1r. Plummer: I don't want you to walk away with any intent that this
Commission is the bad boy. The emergency crisis was not committed by this
commission, but if pick a scapegoat that it will t.+( the bond people in New York,
where this matter should have been before us as you said, in January so it could
have reasonably and rationally discussed, and unfortunate, under no fault of this
commission, that we are faced with a crisis that is insurmountable to take care
of today.
Mr. Luneta: Our emergency, it I can clarify emergency, for one minute,
is an industry that is rapidly expanding, co bring additional cargo facilities
into this area. That becomes an emcr g,c nc y , :. condiy the bond market, (T think
you can acquire this from your own taft) '.as not a conducive market in the fall,
and more than likely we would have nu received bonds that would have been acceptable, —
mayor Ferre: You could have crosseu this bridge a year ago, and had this
behind you, so that when the bond market came in, you haven't done it,
Don't come blaming us.
Carmen, one other thing I want to point out to you, We are not saying
that we want to stall this forever. if you can get your people to sit down
tomorrow I'll tell you, as the Mayor of the City of Miami, I will call a special
3 MAY 271976
cnmmi:;Siott meeting anytime that Paul Andrew:; tall~ me that he Ihinkr: it
rcuidy Iris 1t111 open discussion, we ate ready tc) negotiate anytime. Tuhlnrrnw
Of the next day, so the burden is on you. Ychi have my commitment that we .ire
available.
Mrs. Gordon: I would like to say, is wouldn't feel that every portion of
the items you listed ate necessary to be accomplished at one time, but passed
it, -----and assistance itt the acquisition,that we are going to need assistance
those things should be discussed, and if the Mayor wishes to bring it up this
afternoon, if the Metro commissioners want to discuss it,perhaps thatcould
come about, I don't know.
Mr. Plummer: What the Mayor is really telling you, part—time commissioners
are always ready, all the time to meet with you sir.
Mr. Luneta: Thank you very much.
36
MAY 2 71976
18, G N T- At` r L a y`i )EPA ''CIA; OF HOUSING & URBAN DEVELOPMENT FOR A
MIAMI VLANAGE iEN i IMPROVEMENT JROGRAM,
Mnvny Fnrr-
-,,, 1,1 11011
elf no ;n mire., #entl1r2C`^!i} t;'~int fr it?
Mr. Andrews: t, ur inurtt ion of the grants that we received lrom the
federal government to ennt inue the development of the Department of Human Re -
Sources to keep It . t r uct'rrinY, the city and bringing all those matters to ;t con-
clusion •;nil in Hilts r_c:rnt we r.. also including a document which wi11 he Sub-
mitted to the i ettt:ra 1 government that ht,.., wi 11 use on a national nabs to ?show
what the Ci.' o: ni :: ,..,v,17h Z,oae from one fvpe of govern-
mental structure ! }s iS concerned. And they
are gran ir., 0,
Mrs. Gordon: And weir- wi L i
Mr. Andrews: That art tint' t.nat we match is in kind, Commissioner Gordon.
believe it i s ... .
Mrs . Gordon: r`,'t'1 wit r.1 •.. ..0 to say tlr:3t the reason I am moving it is because
we've gone this tar .u' ? tlr i r; i < r're t nai development, if we hadn't gone this
far it wonld'vv •.e(n to di; t,rrcirt :=tor••: but we have gone this far.
Mr. Plunimer: iu' tLis is t'_'.;.: : roof development as far as federal funds are
concerned atvl n't,i ht tax payers „ the city are going to have to pick up the
balance.
Mr. Andrews: I think tnc.' taxp:avc•rs will reap the balance.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RE:,oL11T I UN NO. 76-520
A RESt)LL! 1ON RATH:TING AND APPROVING THE ACTION TAKEN BY THE
Nr\.'dACER l '!'i':I SUEtflSSTON OF A GRANT APPLICATION TO THE
U.S. I) :i'AR'rME;d'! ,)1' N'il S ING AND URBAN DEVELOPMENT FOR A MIAMI
MANALI M1i : 1 ^fi'I?t)VLNE:i 1' PROGRAM AND AUTHORIZING THE CITY MAN-
AGER TO ACCEPT TI; GRANT AND EXECUTE THE NECESSARY CONTRACTS
AND AGREEMENTS TO IMPLEMEN•1' THE PROGRAM UPON RECEIPT OF THE
GRANT.
(,lii'et foilows brid': resolution, omitted here and on file
in th•o tt` i e 0 rile city Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by tne fo11o*ain't vote -
AYES: Commissioner Manolo Reboso
Conunis,,ioner (Rev.) 1•heodon:, Gibson
Co:umi-;sionor A. L. Plummer, Jr.
Vic':'--Miyor R(--;t2 `,:.)ri.lon
Mayor Maurice A. l'erre NOES: None.
19, MISCELLANEOUS DISCUSSION ITEMS - IR RIGHTS
RANSFER OF VEVELQPMENT RIGHTS
PROPOSED FEDERAL '{ESERVE BANK
Mr. Plummer: Mr. Mayor, let me r) back and deviate, I had one question about
Item 12 in which there is :a referral there to air rights. Now as I understand
it we have no provisions in our present Code or structure for air rights. How
can we give such a thine' when we don't have the authority to do such? Do we
have any authority, John, to give air rights?
Mr. Cliff hays: 'hi- is not: air rights, air easement over a portion of property
where the city will retain the ground level and let the county build a ramp over
head,
Mr. Plummer: lei;, i have no objection to the proposal before us but I know Mrs.
Gordon had brau;' rr up in t .c past about. air rights, for example above your build-
ing, John. And it was -.ai: that we Iiav0. no vehicle to travel on as far as air
rights are ,'.oucerned and I see it here so that was the reason I questioned, Ok,
Mayor Ferro: What do you ineaa we have no vehicle? That's legal in the Slate of
Florida.
37
MAY 2 71976
Mr. Plummet: I don't think within the City of Miami present structure that
there is any reference to air rights.
Mayor Fette: Well, you'd better get on that right away, Mr. Lloyd,
Mr, Plummer: Rose, didn't you bring that up before?
Mrs. Gordon: I'm sorry, 1 thought my beeper was going off.
Mr+ Lloyd: Perhaps I can give a little explanation of that.
Mt. Plummer: Do it by memo.
Mayor Ferre: Well, beyond that, the point is this: We're going to be very
soon gettinginto the whole area of air rights in several places in downtown
Miami. If that is the case, Mr. Lloyd, would you please outline in your memo
specifically what it is and how we can go about changing it. Is that a legis-
lative act or Charter or what?
Mr. Lloyd: I believe that now because of the new what is known as home rule
amendment only a year or two passed by the legislature that we are on good
grounds to submit air rights because of the broad powers given to municipalities
under that statute.
Mrs. Gordon: You're speaking to the leasing of the air rights?
Mr. Lloyd: Yes. Now true, it does not specifically mention air rights but it
confers such broad powers that I believe an interpretation of that would give
us the authoriy.
Mayor Ferre: Would that include development rights?
Mrs. Gordon: Under a lease arrangement I would think so.
Mr. Lloyd: Yes.
Mayor Ferre: Do you follow me? If I had two pieces of property and I'm going
to give the City of Miami this property for a park... If we have two propert-
ies, I'm a private owner, and I give the City of Miami one which the City of
Miami wants for a park and I - Can I legally transfer development rights? I
can put up 120 apartments on that property and the City of Miami and Mr. Acton
and everybody in the Planning agrees that this other property we'll add the
'120 units to that. Can I do that. legally?
Mr. Lloyd: Now that I will have to study because (1) you're dealing with private
property not a public agency like we are here specifically. But what we do not
have although this statute gives us broad powers is anything specific in our
own Code and the manner of doing such. So 1 think what we would have to prepare
and include in our memo is a situation instructing the commission as to how we
may proceed to provide for this. But general powers I believe we do have.
Mrs. Gordon: You're now talking about transferring development rights or you're
talking about the leasing of air rights?
Mayor Ferre: Both.
Mr. Lloyd: Yes. We have the power but we don't have any specific regulations.
Mr. Plummer: That's what I'm saying, That's why I questioned how in here...
Mayor Ferre: Look, let me tell you what I'm specifically thinking about, and
will the Commission forgive me if I deviate a little bit? Rose, I want you
in particular to listen to this. We've got a problem here. Let me tell you
what the problem is. I want you to listen to this. We've got the Federal
Reserve Bank wanting to build 4000 square feet of office space somewhere in
this community. Now don't you kid yourself, what is happening is that Coral
Gables is going after them real strong and so are other parts of this town.
Now if we don't do something, we the City of Miami, don't do something about
this we're going to continually have the proliferation of properties all over
this place and buildings going all over the place. And I don't say this critic-
ally to you, Mr, Brown, that happened to Southern Bell, it happened to Florida
Bower and Light, it's happened to pow Chemical and instead of having a healthy
downtown like Atlanta, Everybody goes to Atlanta and they say oh, it's great.
But you know, outside of Lennox Center everything in Atlanta is all in the
MAY 2719/0
downtown area but here we've got. Miami Beach and North Miami and Coral Cables,
Hialeah and everybody i.s pulling in his own direction. Now let me tell you
about the conversation with Southern Bell. itself, They said, "We can't afford
to stay in downtown Miami because Southern Bell can't afford to pay the kind of
money that downtown property costs but we can go out by the Palmetto Expressway
and buy land for 1/10 of tft;at". Now scot me tell you what is happening with the
Federal Reserve Bank. This is going to be a $30,000,000 expenditure that some-
body is going to get: in this community and it may not be the City of. Mi;iini.
Now 1. think it is time for this c.rtintmission and the Downtown Development Author-
ity to become. ,1 little i.inat;inert i v . '`. nu know what I mean? Now, if we 'an go
to a property owner, and ,.o t.ha. :loa d doesn't have to worry, there
are no Ferro p r ope Li t:f; li': .1-:`.' . ;':v ].ved in this, I have no property large
enough to sd' s ;' the 1I :ca Yi1 Reserve 'oank s0 I'm not in any way
involved. OK? Nr,w, but t.:iure, it:.,y be other property owners around here, If we
go to a property owner anti we' coo 5.i:', "Look, these people need $120,000 square
feet, now right now somcoo y wants to get it out at the Palmetto or Coral Gables
and they're willing to give 1a':1c1 for 5 or S10 a square foot and therefore, the
difference mi;;i1t be .. counl.e , rail ion dollars and this is a federal agency
and they mi':;ht s,ii, "We CaiV't 'it tore H, put 2 or 3 million dollars just for hav-
ing the honor of bei n in downtown Miami." If we can go to somebody and say,
"if you do this we will ,ts ': r the development rights of this property on this
property. i'tn ju>,t. thr:nci t, ct out as a wild idea. But somewhere somehow,
Mr. Charlie Crurp(c;n, you :,,; i Mr. .lndrews and Acton and somebody around here had
better put their ;:pinking c';! on or the next thing you know i.s you're going to
have the Federal Reserve BAnk out in some cow pasture where they can buy land
for $5000 an acre and just J;,a out there. And it is absurd like all these moves
out from the core city i;; absurd for the eventual growth of this community. We've
got to do something about it. 11 we had gone to Southern Bell, I don't blame
Southern Bell, they've got as re'hponsibility to stockholders. It's the city's
fault that they're out at the Palmetto. If we had gone to Southern Bell or to
Florida Power and Light and we'd said gentlemen, we're willing to do this and
that for you, they would It,i+'e stayed in downtown Miami. You can't blame them
for doing what is the least expensive because they've got to save their stock
holders money. And I'm just telling you on the record, I'm warning you that
we are going to lose that Federal Reserve BAnk in Miami if we don't get on the
stick. So would you please address yourself in a memorandum to that whole area?
Mr. Lloyd: Yes, sir. And in anticipating a request of the commission, in addit-
ion to addressing ourselves in a memorandum we will also get together with Plann-
ing and Zoning and attempt to come up with in the near future a proper ordinance
establishing the regulations for such because I firmly believe we do have the
power.
20, GRANT APPLIC4TI,ON - [EDERAL HIGHWAY ADMIN STRATION, DEPARTMENT OF TRANSPORTATION
FOR A COCONUT ()ROVE 3IKEWAYS 1EVELOPMENT IROGRAM,
Thv ' of l o•,•jn7 by ('nmtni 4qi nnar PI.itmmar, who moved
its adoption:
RESOLUTION NO. 76-521
A RESOLUTI'JN A1Tl'HOR I Zi N(; THE CITY MANAGER TO SUBMIT A GRANT
APPLICATION TO THE FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT
OF TRANSPORTATION, FOR A COCONUT GROVE BIKEWAYS DEVELOPMENT
PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AND EXECUTE THE NECESSARY CONTRACTS AND AGREEMENTS TO
IMPLEMENT THE GRANT UPON RECEIPT OF SAID GRAND; AND ALLOCAT-
ING THE SUM OF $28,.306 FROM THE CITY'S HIGHWAY IMPROVEMENT
BONI) FUND TO BE USED, IN WHOLE OR IN PART, IF NECESSARY, FOR
TILE LOCAL (:ASH HATCH OF 20% REQUIRED BY THE FEDERAL HIGHWAY
ADMINISTRATION.
(Here follows bo:ly of resolution, omitted here and on file
in the offi.e:e of the: City,' Clerk.)
Upon being seconded by t;mmassioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manele :Zebus°
Comm:ssione_r (Rev.) Theodore Gibson
Cotta:iissiont:Ar J, L. Plummer, Jr.
Vi ce-Mayor. Rose Cordon
Mayor Maurice A, Ferro NOES: None,
39 MAY 2 71976
I�THORtZE ISSUANLE OF DUPLt 9,1,TIY,259M111
TE TAX SALECERTIFICATESRIAN WALLACE: ERTIFICATE Not
its adoption:
RESOLUTION NO, 16-52?.
A RESOLUTION AUTHORIZING THE ISSUANCE OF DUPLICATE TAX SAL}:
CERTIFICATES TO BRIAN WALLACE .TN ACCORDANCE WITH THE AFFIDAVIT
APPLICATIONS MADE THEREFOR.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote-
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
2
1. REFAMIPTIM°4WEIFH
MISAAARY OF ALLAN POMS, RESIDENT
The fnll.nwinv regoluYjnn wag introduceel ly Commissioner Alum'.,-, '•.'ho ...o'r
its adoption:
RESOLUTION NO. 76-523
A RESOLUTION ALLOCATING THE AMOUNT OF $3,500 FROM THE ACCOUNT
ENTITLED "POLICE AND CRIME PREVENTION FACILITIES BOND FUND"
TO COVER THE ADDITIONAL COST OF THE SERVICES OF ALLAN POMS,
RESIDENT ENGINEER, AT THE MIAMI MODERN POLICE HEADQUARTERS
BUILDING THROUGH THE MONTH OF JULY, 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: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
23, QUEST £ R TO OSTUD P EXTENSIONS I ONST ST OFAGE OF EMPLOYMEEFOR NT OFHPERSONSPERY VER 65,
M,1vnr Ferre: T don't k"o'' Mr. Aenrinan from Arta", tile's `,re?-ahl'l n won'.c' u1 ^IIIr.
But I'm going to tell you something, the time has come in this person's opinion,
that we're not going to be doing this anymore because I'll tell you last year I
tried on several occasions and you said, "Oh, don't you know old Harry, oh you
can't do that to old Harry, we've got to let him on. You know the guy is 73
years old, he wants to work one more year." Hey, come on. You know sooner or
later it's time to retire and let somebody else have the job. I don't mind going
from 65 to 70 but when we start; I think last year there was some man 78 years
old or 80 who we gave one more year - gave him three. ... I think he was over
in the docks, wasn't he?
Mr. Andrews: Leslie Quigg.
Mr, Plummer: Former Police Chief of this town,
Mayor Ferre: well, he may be the greatest Police Chief the town has ever had
and the man may be Superman but at 83 years old and a former commissioner and
maybe he was everything, but at 83 years old you know. Listen, Du Breuil retired
him, didn't you? And you hired him back,
MAY 271976
Mr. Plummer: l,t±':; 7r.!I e the rc, rrr,I ; ledr, Mr. Mayor. The reason :tnd i think
the compassion t:tc� , ommissio;i in the case of Leslie Quigg who was a great
man was Chat Litt marl W.t; not etttit ied to pension and here a man who had served
his city well w,t not drawing a ; ei ; i to and for that reason F think the com-
passion of thy. Gmmis.:;Etrrt wi t,, .:c ►lt.tt he put food on his table..
Mayor Eerie: L., t 'ut nu' Arguing afoul t hrtl .
Mr. Plummer: 1.1, then: :.,; te.n4on l .r it And I think it should he noted.
i ,• .,; L reason, :.t's that every
Mayor Ferre: ,_._ t , .,,.,.. , . c.� �itrt
year you .and aere c,:.. t::ie people and i don`t mind up until.
about 70 butt _oyond that :.t.ak we've , et to nv careful about Lhis. I really
as a matter policy u'< oi.t;itt to thi:;;. :t'Jc}ut that. I'm not saying that we
ought to do IL today but t it i . .' .11e' tr; i rd time that I've brought this up as
a matter of policy. And F w•>tricl 1:ke fur the Manager to go and look at all
3600 employees, find out aov teem are over 65, how many of them we've
extended anri how many t:r1 them te ;:c' going Lc) be extending and what reasons we
have for it. Bel ius . 1 to come to kind of a decision on this
somewhere along the line. 15 taut ;,t:e. ptable to everybody? Will you make it
in the form of a motion? Let's vote on this one first.
The t o t l c,\.' Luc; rt'sv t ut ten was introduced by Commissioner Plummer, who moved
its adoption:
I iaULCTIO:h; NO. 76-524
A k1:;oLUTio: APPL;oV'i A ONE (1) YEAR EXTENSION OF EMPLOY-
MENT PAST UIiL AGE CM' I;'d F-'I'td0 (72) FOR HARRY PERALMAN,
WATCII;".AN, DEPART'17.NT OF PUBLIC FACILITIES, EFFECTIVE ON
H 1 S Y,1 R'i It DATE, MAY .H, 1976 THROUGH MAY 28, 1977, WITH THE
PROVISION 'I'11A'I' i : : i1Ei. EVENT OF A ROLLBACK OR LAYOFF, MR.
1'L:\RI "L\N, RATHER THAN A JUNIOR EMPLOYEE, WOULD BE AFFECTED.
(iter. tol.1Uws 1: it in resolution, omitted here and on file
in tE,.. Office or the city Clerk.)
Upon tieing seconded b t:mmissioner Reboso, the resolution was passed and
adopted by the : ellowiug vote -
AYES: Commissioner 'lane l o Izebose
Commissioner (Rev.) lheodoro Gibson
Commissioner J. I., Plummer, .tr.
Viee-flavor Rose .:ordon
Mayor Maurice A. Ferre NOES: None.
The following motion was introduced b' Commissioner Gibson, who moved its
adoption.
:.til11'!', ttt). ','6-525
A :1tYi 1 t'ti REQUESTING THE CITY MANAGER TO STUDY AND REPORT TO
THE t;0;-VlISS1ON ON THE MATTER OF EXTENDING THE EMPLOYMENT OF
CITY EMPLOYEES OVER 15 YEARS OF AGE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted h•, the following vote --
AYES : Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
ConuniSsiutterr (Rev.) Theodore Gibson
'.'it:e--E'ayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Mr, Robert Pau1k: Mr. Ma:-ot may 1 speak ot. +.iris issue briefly? The Civil Ser-
vice Board and all .:c:partmet h"lu:s at the direction of the City Manager are
certainly .twarc :f L; : v4 re:,ston your concern some year or two years ago
with reg.iru t:. :.hat issue. there are things that you're not aware of. Num-
ber ot't that Llearc are bills _.. le:r,islature at this moment, have not passed,
but they st%t.'ak .::. the issue t_,)t,t;%-i.5ery retirement - the issue .you're talking
about now. Whether or not t' c: e;;is.J4tt.re will pass those bills I don't know..
Manor Ferro: Well, wiled ..h
11. talk about it.
Mr, Faulk: I understand tlt,tt. , i ,,t L11,.: rep. are additional things in house that
you're not aware° of. Therc Art ; Lime who came to work with this community at
41 MAY 27 1976
M—
elderly ngeselderiy ages, in their fifties. in some rases in their 6O's;.
Mayor Ferre: That's not elderly,
Mr. Paulk: Well, it is elderly when you speak of retiring at age 70, Mr: Mayor.
Mayor Ferret tt used to be old but I'm 40 year, old now and to me anybody that's
50 is :t ; oung man.
Mr. Paulk: I'm 45 but I've got a long time wi ti: the city. But there are people
who come to work here at 55, at 63, 64, 65 and by compelling them to retire in
effect at age 70 and in some instances they may be two years in the retirement
system not even eligible for retirement. It requires 3 years in t;ie system at
this time.
Mayor Ferret Bobby, we have a difference of opinion. I happen to think that
beyond 70 every human being is entitled to have a little rest and I think other
people are entitled to come in and have the opportunity to do some work.
Mr. Paulk: Mr. Mayor, it's not a question of being able to rest, you cannot
rest if you.have no income and that's the point I'm making. In some of these
cases, in this particular instance, this man is one of those people who you have
an ordinance before you today - a watchman...
Mayor Ferre: I voted for the guy, I voted for all of them.
Mr. Paulk: Who was excluded, Mr. Mayor, for a number of years of being able to
be a member of the Retirement System. Now that's being corrected and I simply
want to bring this to your attention but the fact is that there are some people
who come to work at very late ages.
Mayor Ferre: I hate to do this, but you're forcing me in giving you an answer.
Let me tell you something. Is Mr. Pearlman a watchman?
Mr. Paulk: I think so, yes.
Mayor Ferre: Mr. Pearlman is 72 years old? Now what does he watch?
Mr. Plummer: The Orange Bowl.
Mayor Ferre: Does he watch it at night?
Mr. Plummer: Yes.
Mayor Ferre: Now if Mr. Pearlman is there and some thief comes in to steal
something.
Mr. Plummer: That's not his job.
Mayor Ferre: It's not his job to chase after them? Well what's his job?
Mr. Plummer: His job is to watch for fire and if anyone were to break in to
notify the Police and let them take care of it.
Mayor Ferre: Well, do you think that a man at 72 years old is going to be as
alert as Mr. Pearlman was...
Mr. Plummer: If you ever saw Mr. Pearlman on a bicycle going around the Orange
Bowl you'd correct your statement!
Rev. Gibson: Mr. Mayor, let me raise a question then. I want to conveniently
raise this one right now and I want you to know I didn't question it, I wanted
to do it because I want to see how we're going to react. When we talk about
the policemen, Mr. White the other day and promotion all of us got quiet and
skinny. I asked the Manager to make a study and a report. The Manager wrote a
letter, I don't know what that's supposed to be. What's good for the goose is
also good for the gander and I pointed out to you that if he were a white man
you all will find a way to do. Dog gone it, what I'm trying to say is you know
you ought to give me a break once in a while and keep the monkey off my back
but that t'ain't the way you all play the game. Ok? Civil Service says, "Oh,
it can't be done." And you know why that is? Because the right folk didn't ask
for it and they weren't of the right hue. I'd like to find right now about Mr,
White while it's hot. You know? Let's find out, There's Jessie sitting right
there, I find it difficult to face Jesse.
42
MAY 2? S916
Mayer Ferre: Ir. White i,:i:> black, by the way for those of you who don't know.
Rev. Gibson: R-T--C-H-F ! His name is White but his skin is black.
Mr. Paulk: Mr. Mayor, on that particular subject, the particular legal opin-
ion that was cited to this commission on the day that this question was r;riut•cl
was ;i r+eult tit a white tire captain who did not want to retire. lie wau perulur-
ent through the Fire Department, he was persistent titr+ingh me, he was persis►eut
through the I;tw Department )hat to had the right: to remain. I requested ;r legal
opinion at his insistence to find out whether he could or not and the legal
opinion indicated that the toallnai.. . aJ:ilren in 1963, wold not permit that
man to remain. Now 1 dOtt' say ;;;,at +i • • white to counter what you're saying,
Commissioner. I'm sin;piy sJyina t taL was on the ;oasis of one who was white
who wished to stay and he was not err-.ttted to do so.
Rev. Gibson: Gk, let me point this out. You know in this government we're
dealing with the government has :said to us some things that very few of us pay
very much attention to, wro;;s an.; ;i;ii-:i`: that you have done does not excuse you
from making right those wrongs, Ailrase years you kept White from being pro-
moted because he was }Slack - don't tell me it wasn't, that's why you didn't
promot him, that's why hecouldn't get in the system. And all of us now...
Nobody is anxious to address to tta;it ancillary problem so that the man could
at least, let's use this hens;., , die easy. ... I want to die easy when 1 die.
You see you fellows, that'.: not yoiir tine, that's my hustle. T want to die
easy when I die. My brother, 1 hope you hear what I'm saying because T know
how Civil Service - 0-h-h.
Mr. Paul.k: Father Gibson, that is not an ordinance of Civil Service it's a
retirement ordinance.
24. PRESENTATION BY rR, tlax f-ORIAAN, PROGRAM COORDINATOR FOR HANDICAPPED PROGRAMS,
Mayor Ferre: Alright, the next item is a presentation by Max Forman, the prog-
ran coor''inator for t'_o 1 ardir.an^e,1, max, *'r. Al uo,ard.
Mr. Al Howard: We appreciate this opportunity to bring highlights out of the
Handicapped Program. We'd like to preface -it by saying that prior to 1973 there
was no Handicap Program for the City of Miami. Since 1973 til now we've run the
gammut from physically handicap programs to mentally retarded and now even for
the blind. .1 handicapped Iverson can -participate in anything from sewing to wheel
chair olympic.s. We also have a horticulture class and we felt that you'd like
to see something that is out of the Handicap Program and these people have made
a hanging basket for you. This is from programs for the physically handicapped
as well as the mentally retarded.
Mayor Ferre: That's really very nice.
Mr. }coward: As 1. said, these baskets are presented to the Commission from the
Horticultural and Gardening Class of the Recreation Program for the Handicapped.
So you can see they are accomplishing a great deal in our class. This is for
children from 10 years old to adults to about 55 years of age in the Handicap
Program. Mr. Forman will give a presentation. It will be laconic, it will he
to the point and 1 think that: you will find it very interesting and enlighten-
ing in the activities that have been going on since 1973 in the Recreation Prog-
ram for the Handicapped. Mr. Forman.
There followed a slide presentation by Mr. Max Forman.
Mr. Howard: One of the things that we felt, it seems that every Commission Meet-
ing you're always presenting awards to other people for what they've been doing
for the community; well the Handicapped Program and the Parks and Recreation
Department appreciates what you've been doing and we have awards for each and
every one of you from us to you tor your pqrticipation to make this program poss-
ible because basically as 1 said prior to 73 there were no such activities and
these children and adults had no place to participate. And as you can see,
they're utilizing al.l. the Moilities we have throughout the city and it's one of
the most comprehensive programs in South Florida and perhaps the only one in the
State of Florida, a recreation department that has a program like this. So Max,
if you'll make first, presentations from us to you and we thank you for your help.
Mrs. Gordon: While Max is mak:in, the presentations, may I ask a couple of questions?
(1) Since 1973 I think that was when you came to become a part of the city, Isn't
it so, Mr. Howard?
Mr Y 2 71976
Mr. Howard: In late 72,
Mrs. Gordon: So therefore, we have to he grateful that you ram to Miami and
that you are out parks director and that you ate also nhle to find a man like
Max Forman to take on a project as n project director - Program Coordinator.
Mr, Howard: Without hitn it wouldn't have hr n possible.
Mrs, Cordon: And with your foresight :tnd the Manager's willingness to allow us
to proceed into these directions I'm proud to be a member of the City Commiss-
ion that is willing to serve all the )eoplp of our. commt►nity. I'm really proud
about that. There are three questions I want to ask Father, dnu then --
First of all I'd like to ask you tnis: Mr. I.owird, can you tell me what's the
total amount of your budget and what's the source of budget for these programs
and what is the source of the funding for these programs?
Mr. Howard: Our total budget is about $75,000, most of it from the federal.
grants we've been receiving and from Revenue Sharing. It is almost a self-sust-
aining program from the grants that we receive.
Mrs. Gordon: Ok. And also, what additional type of services do you feel the
City of Miami should be involved in in providing services for handicapped and
what is the best method by which the city can provide these services?
Mr. Howard: It's not a matter of funds, Mrs. Gordon, our imagination is our
only limitation and we've gone and we've stretched our activities on a limited
budget because we do have so much volunteer help and a man like Max Forman and
a few staff members. So our only limitations are our imagination. We don't
intend stopping there but we are not looking or we're not here seeking addit-
ional funding.
Mrs. Gordon: No, I know you're not and that's why as long as you're here if
you don't mind answering a few questions-- Now may I ask since we have Mr.
Forman on staff, could you tell me or would it be appropriate to tell me what
kind of salary does he receive for the services that he performs in this line?
Mr. Howard: $15,200 as of June lst.
Mrs. Gordon: That's all.
Mayor Ferre: Well, we're very grateful to you, Max.
Mrs. Gordon: We want to say this, I want to complete... I know Father Gibson
is anxious to say something. I want to say that the tax dollars that I think
are being saved by giving people the ability to lead somewhat normal lifestyles
based upon the training that they're receiving and the recreational activities
that we're providing through your department through Mr. Forman's direction and
through Mr. Andrews' administration are a great deal more than whatever it is
costing and, of course, the federal grants are a great part of our funding.
Thank you.
Mayor Ferre: Well, I'm sure that we all echo that sentiment. Father Gibson.
Rev. Gibson: Mr. Mayor, I heard in the presentation the mention of a company
that made available those free lunches. I think this commission ought to pass
a resolution encouraging business people to do the kind of thing that Burger
King did to help make life easier.
Mayor Ferre: Father Gibson makes a motion, seconded by Rose that an appropriate
resolution be drafted in recognition and thanks to Burger King for this and the
many other, and present it here.
Mr. Howard: Don't only single out Burger King because we've had Mc Donald's do
the same thing.
Mayor Ferre: Well, if Mc Donald's have done the same thing then I think we've
got to recognize them too.
MAY 2 71978
The following mot ioli was introdu,,led by Commissioner Gibson, who moved its
adoption.
MOTTON No. 76-526
A "it TION EXPRESSING APPUCIATIt)N TO BORGER KING FOR CONTRIBUT-
ING LI;;Nr;Hi:5 7'r) IIANi)TCAPPEI) 1'I.R';rtNS PARTICIPATING IN THE CITY
t1(' MIAM1': PARKS PROGRAM.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the fol;_o;dir>1r
AYES: '�r�11ti a of;c Mario l o at'i�o io
t:;:a;nl:;s ;�.er L. Pun i r, Jr.
Commi ,6ione r 0. ev.) Theodore Gibson
Vice -Mayor. hose Gordon
Mayor Maurice A. Fevre
NOES: None.
25 WAIVER OF RENTAL FEE OF i1 i I AM i STADIUM BY MARANATHA ACADEMY,
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-527
A RESOLUTION WAIVING THE RENTAL FEE FOR THE IJSE OF THE MIAMI
STADIUM ON AUGUST S, 1976 FOR A PUBLIC CONCERT, SPONSORED BY
THE MARANTHA ACADEMY, SUBJECT TO PAYMENT FOR EVENT PERSONNEL,
INSURANCE, ELECTRICITY, 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 Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner 11auolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
26, WAIVER OF RENTAL FEES FOR USE OF LEGICN PARK BY MACTOWN,
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-528
A RESOLUTION WAIVTNG 'FIE FEE FOR THE USE OF LEGION PARK FOR A
BICENTENNIAL DAY PICNIC AND BAZAAR, BY MACTOWN, A DIVISION OF
THE MIAMI ADULT CENTER FOR THE RETARDED, INC., TO BE HELD ON
OCTOBER 24, 1976; AND FURTHER WAIVING THE PERCENTAGE OF THE
CITY'S PROFITS ON THE AFORESAID BAZAAR, SUBJECT TO PAYMENT
FOR 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 Gordon, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Peboso
Commissioner (Rev.) Theodore Cihcon
Commissioner J. L. Plummer., Jr,
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None,
45
MAY 2 71975
1
27 i SOUTHERN BELL TELEPHONE FRANCHISE,
Mt, Andtewst Mr, Mayor and members of the commission, I think to follow this in
logical sequence I should take the last position that the city offered at the '
City Commission Meeting of May l3th and then carry forward the events that took
place from that point in time. You will tecall that at the Commission Meeting;
of May l3th the city's position Was that we were prepared to offer a 30 year
franchise and would request that 4% of the localplus one half of the intrastate
tolls become available to the city plus $?00,000 a year for consideration For
entering into the franchise plus approximately $50,000 per year service credit.
The average yearly income for the life of the franchise would amounted to under
this formula $2,730,000. Now this is based on 1975 revenue projections and
does not take into consideration any growth. Southern Beli's position at that
time was that they were prepared to offer the city 1% as previously provided in
the franchise and 1 additional percent which would have provided for a total of
2% of local service rentals only and based on the 1975 figures this would have
produced approximately $],050,000 per year. The City Commission asked that we
go into a short negotiating session which we did. We concluded that it wasn't
possible to come to understanding and this matter was deferred until this com-
mission meeting with the hope that additional negotiation sessions could be
carried out. Two such negotiation sessions were held, one session on Tuesday
of last week and an additional session on Thursday of last week. Each of those
sessions were approximately two and a half to three hours in duration. During
this process we explored other possibilities and Southern Bell according to my
understanding was ready to assume a position of about 2 and a half percent and
the city was offering 4 and three-quarters and were in a posture of compromis-
ing when those negotiations faltered and I reverted back to a position that I
had presented to the City Commission and Mr. Brown remained at a position of
approximately 2 or 2 1/2.. Yesterday at approximately 2:30 Mr. Brown called me
and wanted to continue our discussions and at approximately 3 O'Clock we met.
He had with him the attorney representing Southern Bell as well as Mr. Wilson,
an appraiser who has served the city in certain instances and I'd like to say
that he served the city extremely well. They were there, particularly Mr. Brown
to expalin to me that they had uncovered additional information as to what they
believe was the value of the public right-of-way. Based on this finding Mr.
Brown had indicated to me that he didn't see how Southern Bell could possibly
offer the city more than 1% and I have the distinct impression that to go beyond
that would force them into litigation. Having heard that I retreated from our
position and informed Mr. Brown that based on that finding that the city would
expect that Southern Bell would pay the city 6% of all revenues and I might say
that I still believe that that is a reasonable position to be in based can my
knowledge of the value of the public right-of-way. Now I'm going to suggest
several things that the City Commission can accomplish. First, I think you will
have to determine from Mr. Brown and Southern Bell as they stated at their meet-
ing on the 26th which was yesterday, that they are in essence not going to cede
to anything except the 1% of local telephone rentals and that they would negot-
iate the position to obtain the franchise beyond that - litigate their position
to obtain a franchise beyond that. Should this be the case then the city should
immediately prepare an ordinance for presentation to Southern Bell to determine
whether they want to accept it based on the city's terms and conditions as a
very firm point of beginning because at this point I would presume that negotiat-
ions will have broken down. The city can continue to negotiate beyond August
12th. If we choose to do so, and Mr. Lloyd is prepared to tell you how that can
be accomplished. In taking that step the City Manager would prepare a letter
and we would transmit such a letter to Southern Bell placing them on notice that
they do not have permission after August llth at midnight to use the city streets
and public rights -of -ways unless there is a franchise agreement and that might
be accomplished through the adoption of a resolution Mr. Lloyd has already pre-
pared authorizing Southern Bell to make payments to the city during this period
of negotiations and as they are on notice for occupancy of the streets and public
rights -of -way of the City of Miami. In other words it would be an interim step
in which the city would still receive numeration as a consideration during that
period of time that negotiations are. That consideration would not necessarily
relate in any way to the final negotiations for a 30 year agreement. Mr. Lloyd
is prepared to read such a resolution to you if you choose to follow this proced-
ure. So essentially I have noticed, Mr. Brown, that we have gone far beyond
this point at which we were trying to compromise a position in order to arrive
at what we believe was a fair offer on the part of the city as to sale of this
right in the public right-of-way. And I want to emphasize that this is sale of
a right and in my judgement is based on its value to the company,
Mr. Plummer; Let me ask a question so that there is no misunderstanding in lay-
ing out the frame work. Paul, the one thing you keep referring to which T don't
like in any way, and I hope that I'm wrong, that you keep referring to litigation
46
r
MAY 2 71976
Iitigation. Wi.it f'm a,l':li:.,'':y,, so t;t;tt I understand correctly, this thing is
the ultimate answer is to the public in the form of a referendum. Now whatever
In the wisdom o' this commission we decide regardless; of whether we disagree to
di•;agree has to ;;n to a reforendum of the people to he approved. Is that cur-
t t•ct
Mt. Andrew';: ,ttld rether Ali. Lloyd in:;wer that.
get int!, :t l•••hriir:tlit ;,...
Mr. Plummer: !1C 1 I , tht+
with a perct•nt .1` , an;:
Southern P,rt i l -
1itigate but to ;:,o t,. tho
the answer. ,n i correct ct. 1.1
end um or on behalf of Soul:h.:, zI
I'm afraid w,•'t, going to
i'n trying o make is iV this comtii.';inn comes op
.a ;,t`rcentage, that is not a,,..eeab lt•` with
f be - .A:L if It is not our post: inn [s not to
::.ley ;ire the ones who are going to make.
'-. u:n ;..its:; TThat? Ok. So litigation is after a rei e r-
bo;.J not on behalf of this commission.
Mr. Lloyd: Mr. Mayor, with tin : permission of Mr. Plummer, may I snake a suggest-
ion that we del-er tug e <pl tnat is n on that right at this time until we hear from
Southern Bell and they we -,an ;o: into that if that is alright with sir. Plummer..
Mr. Plummer: I have tic) ob ;c. t irrr;.
Mayor Ferre:
t,tt seems prc,per.
Mr. Plummer: ;.tit no ask one other question just for the framework and we'll get
into real gut questions later. Mr. Andrews, you continuously refer to a 30 year
franchise. Is them' anv fixation on 30 years? Could it be for 3 years?
Mr. Andrews: Yes.
Mr. Plummer: 1n other words any period of time, it could be a one-year fran-
chise?
Mr. Andrews: ';•c,s, it could he. The only reason 30 years was chosen is that
based on past history and expression of Southern Bell that if a franchise was
achievable 30 years is the area which ...
Mr. Plummer: Ok. But there is nothing to preclude this commission from any
period of Lime?
Mr. Lloyd: ?;t). That was ' ttc +iltim:zte of the time limit authorized by statute.
1t was not
:;c:'ediny; 30 vear. i)Ilt it : ould be less.
Mr. Andrews: '?r. :1. :or and mt_t';1-,rrs o1 the commission, when Mr. Brown finishes
and other spok ,:nen, r'•.i i : k:o o have an opportunity to respond to some of that
WO. please.
Mayor Ferre: , of course. 'Mr. Brown.
Mr. Brown: i'hauk. von, Mr. Mayor and commissioners. Let me relieve your mind
first, I haven't Lome with :t long prepared presentation like we had here last
time. I still ,:av that the information contained in that presentation is very
important to tit i ; particular hr rar ing;, it's still applicable to this particular
hearing and would remind you or that in the beginning. I had hoped that the
negotiations wo.;ld prn:'idc snout agreement for us to present to the people in
referendum 'Jtt• and !,asi.cal Iy tht! information that Mr. Andrews has passed along
to you is essentially cornet and I won't go back and recite that history. But
I would like to remind this commission that we came in on a basis of 1% which
we considered to be a fair value for the rental or the rights to use the streets.
And let me impres:, upon you that's all that you've got to offer to us is a
rental for the right to use the street. We're not seeking a license. We are
not seeking to solve the tit": financial problems. I know it is important to
the city to tit) something about this to the extent that there can but it is cer-
tainly not: an obligation or Southern Hell ttLr its subscribers to solve the fin-
ancial problems tJ f the City of Miami. So 1 would like for you in your thinking
to think in sets:: of what is the value of the streets that we use, and we've
elected in tour di:scussio1is to talk of it in terms of percentages and while we
have varied fro:: _ n our Initial presentation to the city's 4 or 5% as Mr.
Andrews has prt sent, here and we have finally got down to a point where I had
moved iron ro 2 1/2, not 2/ hut 2 "i!2%. at one time. And Mr. Andrews had
moved down to about 3 1/2`'' and that's sounded like we were awfully close together
and we were much closer then than we ever had been before. But I would like to
remind this commission that while the percentages are 1% we are talking about
a million to S2,000,000 difference in our negotiations and that's per year, Now
4' MAY 2 71976
to me that's not chicken feed that is to be looked upon lightly; 1 know it isn't
as far as your needs ate concerned but it certainly is also a largo amount as
far as we ate concerned, And a million dollars a yeat- for 30 years is a $30's
differences So it is ttot a simple situation as has been described or has been
indicated or might be interpreted as being that small a difference. My posit-
ion requires that t closely examine all costs that are passed to stthscrihr_rs
and I have to tell you that a million dollars difference in our position is some-
thing that I feel like needs the attention of this commission and that we both
should examine closely and we should see where it is coming from. f know of
only one other instance where we have litigated. in the matter of litigation
I would like to say right now that. I n<ij e we do not have to litigate this case.
We feel comfortable in our position to litigate because as I described to you
the perpetuity of the franchise which has been passed along to us in the acquis-
ition of this company we feel comfortable in that position. We feel comfortable
on the fair rental or the fair value of the use of the streets that we have
offered to the city. So it has been stated here that we threaten litigation
and we talked about litigation but I have not threatened litigation up to this
particular point. The question was asked, what would happen when we got to the
point of not in agreement and I did remark that litigation; was always available.
I hope we don't have to get there because it is costly on both parties part. I
know of one case that's been litigated and that was the City of Fort Lauderdale
in 1955. The results of that case turned out to be that the 2% of gross reven-
ues was the amount that was assigned as a fair value for the use of the streets.
I want to ask Walter Alford who is our attorney here to give you a brief descript-
ion of that case and following Walter Alford I want to ask J. I. Wilson to give
you a brief description of how he has arrived at what the fair value of the
rental of the streets may be. And after that I would like to come back and make
just a couple of closing remarks to you.
Rev. Gibson: I'd like to ask this question so the next speaker may answer. I'm
not a lawyer.
Mr. Brown: I'm not either, Father Gibson.
Rev. Gibson: I'm concerned about perpetuity. I hope he will speak to that.
You can't tell me that I could agree ::o rent, lease or anything else 30 years
ago and because I did it for 1% then that's all I'm entitled to 30 years after.
That's 111. #2, I am concerned about the price tag being placed on this land
whether you rent it or whether you lease it the fact remains it belongs to the
people, it's not yours and so you don't have an inherent right in there other
than as a citizen. But as a company, that's a horse of a different color. So
I hope when they speak they will speak to both - #1 perpetuity and that cannot
be that I am only entitled to 1% for the rest of my life, #2 whether I rent or
whether I lease and let him answer the 3rd thing. I read with concern the
speech, and you know we rehearse to history. It was John Doe Company 1900,
Mary Jane 1902 and now Southern Bell. Whether it was the first company or the
second company the ownership right is the same meaning the public. Ok? I hope
you will speak to that. Ok. Thanks, we are together.
Mr. Plummer: Mr. Brown, may I ask a question before your experts testify? You
made a comment, sir, that you feel comfortable in your position and I'm assuming
at this point your position is 1%. Is that correct?
Mr. Brown: I'm going to come to that, commissioner. I am certainly willing
to go to the point where I had gone previously. But when I went to 2 1/2% then
there was still a substantial difference in what the amounts were. I felt I had
gone beyond any right I had to represent the public, my telephone subscribers
if I may call them those, I've gone beyond anything that I could feel that I
could show was a fair and reasonable value for what we were getting.
Mr, Plummer: The point I was making was 11 years ago you entered into a lawsuit
which came out as the ultimate result of 2%. So my question was going to be how
could you feel now comfortable with 1% when 11 years ago 2% was the outcome but
if you say you're going to make a further rresentation... Excuse me, 21 years
ago. I was just trying to equate that in my mind,
Mr. Brown: Alright, I'm going to respond to that if you'll permit me to delay
it until Mr. Wilson has gotten on.
Mr, Walter Alford; I really didn't come to debate the law but 1 do want to re-
spond to Commissioner Gibson's direct question about a franchise in perpetuity.
The law in Florida with regard to the perpetuity of a telephone franchise where
the city grants its permission under the authority of 362.01 to telephone util—
ities to use the streets and whether that can be granted in perpetuity has not
48 MAY Z 71976
been decided by t.i1t: Sup,remc Court. of Florida. Howevet the same question has
been decided and basic franchise questions have been decided by the Supreme
Court that lead me to believe that the Supreme Court of Florida would concltde
the same thing that the Supreme Court of the United States has in the case of
the City of Owensboro verso:; the thaenshorn Water Works Company, that 1s 2411
US 166, This, is an old IiTUe of cases that. go rt11 the way back to the lrostr'r't;
of the Dartmouth College Cate which was derided In the early history of tl►i.,
country. the authority of the city to grant a perpetual franchise in our par-
ticular case siding with the approval hf the Owensboro Case is that it is cer-
tainly the law of the federal coo:-ts that where a municipal ordinance grants
to a public service !:i [" i0►":, Ki: •-t:+. to occupy or make use of its streets
but is silent as to i)L - .. t iir , line. that 's what we have here, during
,,t'''�.� .� o.j of .
which such use of the Stet..:.'-. 1.:- .:oatiageac there being nothing in the constit-
ution or the statutes o: the state i-;:miting the period of such grants, and L
can find no such i.i.tnit:at:ions when tnis grant was given in 1898 - there was a
30 year limitation subsequently in it - the contract is not one at will which
is revocable ;it the pleasure or either party. The doctrine is based upon a
theory that is again<;t the ..:. mmoa ience to conclude that rational and
intelligent men would willinoy ill est large sums of money in constructing an
expensive and extensive plant would be subject to destruction at any time
by mere withdraiwal of the ci t'r authorities of the commission. Now that's the
law as I understand it. :`;,,, i ' n telling you candidly the Supreme Court of
Florida has not ruled that ,:.,t . et course, the Supreme Court of the United States
would be a superior court to that.
Rev. Gibson: 0,.; , let me b, ;;re you understnad my question. The perpetuity is
not the use oi- the .land. t)k . t have no problem with you using it ad infinitum.
Do you understand what I'm tntking about?
Mr. Alford: Yes.
Rev. Gibson: My perpetuity is that price tag.
Mr. Alford: Yes, 1 under ;loud.
Rev. Gibson: Let's make sure that you're not telling me that in perpetuity is
that price tag.
Mr. Alford: Yes, I'm tel lint you that, sir.
Rev. Gibson: That the price !a,; -- ?
Mr. Alford: With nothing. Io the cases that I'm talking about there was no
payment made at all.
Rev. Gibson: Weil alright, let me say this. if that be the case it is signi-
ficant that you are now paying l,' , paid it right along for 30 years and gladly
paid it. Now, therefore, the perpetuity is as to the right to land but not as
to the price tag. Now I'm not a► lawyer, my son is but I went to law school for
one day. Uk? Good.
Mayor Ferre: Let me secs if 1 understand this. Mr. Andrews and Mr. Lloyd, there
i.s anot her point here . W+i•R t they're saying, what Mr. Brown said last time as
1 understood it wa:, ;hat 'bet, ire two matters involved here. One is the fran-
chise and the other is, tits- .:.,.. of cite streets. Are they separate?
Mr. Lloyd: One, we ;agree with gather Gibson's analogy on that one yes. (2) And
we also agree with his analogy and that he must have gone to law school longer
than the one day he says he. ause f think he took the words out of our mouths
because they have colu;ist: tit i - agreed to 30 year franchises for payment thereafter
and that would viti;lte or waive any possible rights they may have had under some
perpetualagree.rwtnt. or agreement which had nothing in there and which they con-
strue .in perpetuity back in 1897. And I think we've passed that milestone in
any event.
Mayor Ferri: Now would ;0;1 :. r m,' question?
Mr. Andrews: 'r'e:,. Now ti:. 'and part of that question is that we are selling
them a right Lo occupy the p;UJ : rights -of -way. This is not based at all on the
value of the public. right.-ot-w:iv. This is based on the value to the company to
use the public rights -of -way rither than some other means of conducting their
business. Now I'm prepared demonstrate to the commission what is involved in
that at an appropriate time but I won't interrupt their,,.,
Mayor Ferre; I:.ls that Ticatiou? i don't know whether it has,
49 MAY271976
Mr, Andrew,: I think it has.
Mayor Ferret is there a distinction between the franchise that they have tf,
do business in the community; the city and the tight to use public right -of -
Ways?
Mr. Andrews: No, i think it is one in i he same but r' i 1 have to let Mt. I.Invd. .
Mr, Lloyd: What they're talking about is, and 1•'ather Gibson hit it on the (read,
they're talking about in addition to some iR= Unless I misconstrue your
honor's question,
Mayor Ferre: See, what I'm trying to determine, and 1 don't know, i didn't go
to law school even for one day, But you get a franchise to do business in a
certain area. I've got the franchise to do business, now that's one thing,
Another thing is for me to say I'm going to contract with you to use right-of-
ways so that I can do business. Now aren't they separate things?
Mr. Lloyd: Well yes, to'this degree, that their franchise is to use the public
rights -of -way for which they must pay.
Mayor Ferre: Ok, now I understand.
Mr. Lloyd: But what Father Gibson said, he's right in that by agreeing to an
amount in 30 year increments why they have established the fact that this is
a negotiable item after the franchise has terminated.
Mayor Ferre: Alright, now there is something else also in this whole process
as I understand it. It isn't that Southern Bell and the City of Miami are going
to decide anything, the people are going to make that decision. So all we're
going to do really is say here is what we think ought to be done and let the
people decide it.
Mr. Plummer: There is no better litigation than that.
Rev. Gibon: I hope consul understands that I understand this; that what we are
now saying or what we have said for 30 years was that no company other than
Southern Bell or no company other than company 1 who may or may not sell to
Southern Bell and Southern Bell presently is a successor to those companies no-
body other than those parties who have been involved has a right to do business
on that street. That's a difference in a franchise. That's right!
Mr. Alford: No, sir, we don't have an exclusive franchise.
Rev. Gibson: We haven't given it to anybody else.
Mr. Alford: You could give a franchise to use...
Rev. Gibson: Well, we're not. But if we did, you know what? You'd be the first
to come in here and take us to court. Do you remember those fellows who wanted
the right-of-ways of the streets to run those gas pipe things? Do you remember
that? Man!
Mayor Ferre: And who came here protesting?
Rev. Gibson: Here's the way they did. They divided the spoils. All of you
fellows when we sell gas down here this company will do it. They mutually
agreed. And when we sell gas here you fellows do it and when we sell gas over
there you fellows do it. Isn't that what you did? You're darn right you did.
Mr. Plummer: Yes, but the important point I think is being overlooked of trying
to make a distinction between the two, a franchise to do business and a franchise
to use the right-of-way, one goes hand in had with the other because you can't
separate them. If they can't use the right-of-way they can't do business.
Rev. Gibson: Ahmen!
Mr. Plummer: It's just that simple.
Mr, Alford: We certainly concede that,
Mr, Plummer; Well, if you don't have the right to put up the poles and us the
right-of-way there's no percentage to talk about because you're not in business,
MAY `i1976
Mr. . l fet;." The. ,'., too Guest lee about that. It is not my purpose to debate
the franchise questiota in perpetetty and all that subject from a legal point of
view. The enl-: purpose if i make anv remarks at all is to introduce into the
discussions ate. •.')air analysis for we hope beneficial reasons what we believe is
a fair rental v,il Rio en the etreet s led why we came to the conelciaion that it
would be aapl)roprirat.c' to preaent our appraisal, or independent :appraisal el the
fair rental value, Mr. ]Drown, when it came to the point in the discussions that
we might not he eble to reach a decision called on me to do one thing really
which i nc ]axle:' t eo t hi nee and that i :; to give him an appraisal of the company's
legal position. 1 ' in n 1 aw ee r . employed by the company and 1 undertook to
;:lake that analesie. cee.Thelce hest we could come out would be to
sustain the ecee.etual And under that analysis we wouldn't owe the
city anvthine I J1.. federal franchise. Mr. Brown has not yeL
asserted that cane eppareet t pit ese't. went to take that position heat he'd rather
negotiate ra r e asenai)lc 3 e ement the city. The second thing 1 concluded
was that the woret. the compenv would come out would be they would have to pay a
reasonable rent. for the streets. 1 d i n' t conclude that the company had to pay
anv fixed percentage of It: revenues to the city for tee right to use the Street
but it would he'.- to pee e . l :) W1t, rent. And one of the primary reasona T
condluded that was :he C=..e ef. i'cneacola litigated that question with Southern
Bell in 1905 aed ;..he .ass ill atands on the books and has never been overruled
to this day and it saes thet Gi in e. L;)n1 ties have the power and are charged with
the duty of i eeelati.: of :heir streets may impose a reasonable charge
in the nature of a reetr.i er t:he occupation of the streets and in addition may
impose areason:able charge in the enforcement of local governmental supervision.
That's in 30.77. Page 8 v{` 21 and it is basic elementary law I believe in the
State of Florida - a reasonable rent is what you can charge unless we have a
franchise in perpetuity. We think and want to offer the city a reasonable rent.
So then I undertook, h;ai n g decided that that was other end of the extreme the
worst we could 'some out is. e reasoneh1e rent, the best was the franchise in per-
petuity 1 undertook to determine chat would be a reasonable rent. I then looked
at the cases that wore available to ine and the Ft. Lauderdale Case is the only
case 1 could find that decides that issue in the State of Florida. And there,
we litigated the, cession ni reeeonabl.e rent and the judge made a decision, I
believe it was 03,000. We than decided we would hire an outside appraiser.
We found that the :.pprraiser ' l it testified on our behalf in the Fort Lauderdale
case in 1955 was still lava i tal) l , had done considerable work in evaluations for
the city and other people in th.: meantime and was still available to do this.
His methodoinge in the Fart Lauderdale case had been approved so for that reason
plus the fact th it his expertise was unquestioned we thought by the city since
they had used him before were the reasons that we hired Mr. j. I. Wilson. I
contacted him and asked him to give us the order of magnitude or the ball park
figure as veie will, as a rl..,-1 onahle rant first and be in position to refine that
initial preliminary evalnation if such refinement was necessary for litigation.
We did not aek him to reduce the reasonable rent by the fact that we have, don't
have non-excleaive right;; or the fact that we have to move whenever the city
wants us to for the purpose of widening the street or other type of improvements.
So he hasn't reduced it to chat. and I like to buy any factors such as that. I'd
like to ask Mr. Wilson to present to you very briefly (1) the basis of his eval-
uation ru thodology in the Fort Lauderdale case and how he supplied that in this
case, what he's, preliminarily eonc luded about the reasonable rent and how com-
fortable he feels with hip; conclusions if he were asked by us or by the city to
refine that analysis. if Mr. Wilson will come forward and do that for us, please.
Rev. Gibson: 'fray 1 aek eel e question, sir? Let him answer this. If I'm wrong
this will help mo in my reasoning so that when I have to vote later on if it
gets to that 1 will be intelligent. What is the difference between your stock
holders and tnv stock holders meaning don't I owe my stock holders the same thing
as you owe your stockholders? An'. different?
Mr. Alford: Do you mean the residents of the city? I'm sorry I don't follow...
Rev. Gibson: Welt, t:he rcr• ideets of the city arc the stockholders that I repres-
ent. The people who get telephones rate C..- people you represent. You know the
people who invested that money. Do you understand what I'm talking about?
Mr. Alforu: Y, e, sir.
Rev, Gibson: )r'. `re the )),).,)1 who who buy StC)Ck in your company, they're your
stockholders. ,oe _;reekholdor+; :or me are the people who live within the City
Limits of the City of Miami - they're my stockholders,
Mr. Alford: Yes, sir.
J; MAY 271976
Rev. Gibson: Ok. I .just wanted to make :pure we're together so tint...
Well alright, but since he's an attorney stockholders ate stockholders. 00
Ok, we're together.
Mr, Alford: I don't disagree with ghat you said.
Mr. Plummer: And Nr. Wilson, you're tho expert, sir, and you're going to tell
me what this right, value, you're going to try to set a value on this right is
what I understand. So what I would l.iko you to address in your presentation,
Mr. Wilson is that you know Florida Power and Light pays us for that same right
to do business and the same right Lo pot poles in the public right of way. And
last year, sir, they paid us $3,520,000 For the right_, For the value. Southern
Bell paid us $490,000. 5o the right to do it is substantially the same for
both, substantially the same for both - just the right, the value and i want
you to address yourself in that point.
Mr. Alford: Mr. Wilson has not done an analysis of the facilities that Florida
Power and Light has...
Mr. Plummer: No, sir, forget about facilities. We're talking about the right,
the right to use public right-of-way. Now he's going to set a value and when
he does I want him to set the same value equally fair to the right of value and
go from there.
Mr. J. I. Wison: In the Fort Lauderdale case the question came up, "What is
fair compensation for'the use of the streets?" The judge ruled fair rental
value. Southern Bell employed me, the city employed an appraiser, we both fol-
lowed more or less the same formula. The judge in his decision slightly modi-
fied the way we went at it. I took that same formula and put into it the quant-
ities that Southern Bell has of underground conduit, aerial wires and so forth,
adjusted it for current economic conditions and I did this in 10 days andI
think I ought to had 45 days but I looked in advance at what I'm saying in dol-
lars now is an approximation. I think it is pretty close. Doing that, the
rental on the formula I used would be about $250,000. Now if you take the judges
formula after he modified it you'd come up with about $500,000.
Mr. Plummer: Mr. Wilson, you're not in any way indicating, are you sir, that
there is a parallel between the two cases or are you second guessing what a judge
in Dade County would say as to Dade County"as opposed to Broward County or in
particular the City of Miami against Fort Lauderdale? You're not trying to
second guess a judge of Dade County, are you?
Mr. Wilson: No, sir, but this judge was Emmett Shoat and the facts or the prin-
ciples are identical whether it is Palm Beach or for Broward or for Miami.
Mr. Plummer: Well, I think it is a big difference because remember under no
circumstances in this franchise, sir, are we limiting you to tomorrow what you
can place in that right-of-way. You ban triple tomorrow what you have there
today. So if you're going to equate the actual use of today surely does not
equate to what will be there tomorrow.
Mr. Wilson: Well, I think Father Gibson raised the same point, it's an excell-
ent point that you get tied today for a fixed rental for the next 30 years and
that can be corrected any year...
Rev. Gibson: But the interesting thing is, sir, is it isn't ever corrected.
Let me say this: Based on our past experience there hasn't been any correction.
We got that percentage. Isn't that right, Mr. Andrews? And what we're trying
to do, now if they want to negotiate the percentage every year based on how
things are going that's a different story. And what you're saying to us or what
is being said to us, "Lock yourself in baby today not knowing what you will be
in 30 years from today." That's what's being said.
Mr. Plummer: Mr. Wilson, I would still like my question when you get finished,
sir., and I'll allow you that courtesy to be answered,
Mr. Wilson; One further point, it is quite commonplace in many types of bus-
inesses to pay your rent based on the gross business that's done. And if their
revenues increase and you stay on a percentage rather than an appraisal rental
your in could go up and at the same time it could go up with the areas which
they occupy in the street not going up as fast, In other words their revenue
can increase without a directly proportion increase in areas occupied, But any
time you wanted this appraisal fair rental value on a street by street basis it
is not difficult to do, I mean I'm not saying it is easy. And if you want an
adjustment every five years or so forth it can certainly be done,
MAY 271975
Rev. C;iio-t>n: :since 1 wa:;r:'t privy r_c) all of the previous; Mr. Brown, you want
to pardon no 1 wasn't privv to the other hearing because T was in the hospital.
Ok? Isn't_ it true rh.:it a prais:ri value is a thing that: is a judgement vnlur'''
Mr, Wilson !oo sir, nothing more.
Rev. Gibson: I i;;ht . Rec ose you could for instance huv a pivot' or property
50 X 100 and pa: 1 f ,0C)0 and if you want it bad enough you pay S 1 t)t), 0011. I.t't
me give }'ttrr a fotthor example that when you all talk you know that 1 kind n1
been around. ;.1 l iot t. taught me something in the name of the church
that T' l . oovet , :t,t . . wolood a piece of property that was adjacent
to tire chum'} and trio: art. flt.`coose it ',ti':is the church, and t want i.o mare sure
Vou 11..1 hoar tk _o . oc ?uao • :he t.:ry I'm reasoning, Elliott ,ioominthal
said--- f said, r l i this ; it<,•..' of , ,•operty is ad;;acent to the church and
because it is the church it ought to be sole; to the church for a reasonable fee
and for less money than property around." He was treasurer of Temple Israel, T
want to give him credit for this education. So as we went on arguing, he was
My appraiser and T jut couldn't see why he wanted me to pay more than I thought
based on what was going around there. You know what he said to me? He said,
"I'atlrc'r Gibson, I want: to toll you something. If this were a business or just
an office building, if your church were just an office building and people wanted
to occupy it it wouldn't mane much difference whether they put the office build-
ing on Grand Avenue or on Douglas Road or on Charles Avenue." He said, "But the
interesting this, is your church is there and you ain't about to move your church."
Now the point of the ;tors is the only people who've got what Southern Bell needs
are the stockholders of the City of Miami. The stockholders of the City of Miami
empowered in trust ihoodore Gibson, Rose Gordon, Maurice Ferre, Manolo Reboso,
J. L. plurrPaer to protect thoir interests. If Elliott Bloominthal is still alive,
hasn't dune anything else, he !Irrs sold me on a good principle.
Mr. "warner ; lurV( it ;.t:rt(2, you wore forced to go to private land to get
these franchLes; lot' s juLoc admit here that the figures would completely skyrocket
to get those same rights.
Mayor Fe ore: ':hat_'. .a kt''. noi.nt.
1r. Plummer:
1ti,irtt tL,rt 1'a trying to make, and I ask you to equate, sir,
the only thing :hot ou' rt :rsk ing this commission today is for the right to use
public l,u,.i. And itt Lire r;tt. wav Florida Power and Light has a franchise which
they Ilse a:, .1 right to o!-o that snme public way. They are paying us 3 and a half
million JoI i rt . Why is t t,. i i- right any more or any less than what you're ask-
ing us - not how many pelt or how many wires, you're asking for a right. Now
why should it he any chea,r.r for Southern Bell than the same right that they're
asking to do': That's what I'm asking. Do you understand my question?
Mr. Wilson: Yos, sir, and I cannot respond as to rights....
Mr. Plummer: Isn't that what yott't'e asking for for Southern Bell?
Mr. Wilson: Not, 1 was ask<d by them to estimate the fair rental value of this
property and to answer vortr sot.�ond question, that estimate is based on your land
having the same value as the private land abutting it. And on that basis if
they couldn't use vnur le-_', and had to get private land the rental would be the
same. Now thrre is no quostinn the acquisition of all that right of way and the
legal problems roultl by horrendous hut rental -wise it would be the same.
Mr. Plummer: it also would carry a clause in it too that any expansion would be
a renegotiat.iou where you have unlimited right to the public right-of-way. if
you did it on private land, and tnirybe that may be something that we should con-
sider that if the_, go beyond what their present facilities are that they pay a
different and higher ratt,. Maybe that's the answer, I don't know.
Mr. Brown: On a percentage it would.
Mr, Andrews: Mr. Mayor, while Mr. Wilson is there, I think you're getting right
to the In .irt of what we're tali:ing ahoot and if you'll just give me about two
or three more minutes i want tc> :?r.rkt sure that you understand what is taking
place hero. tr rr C li irter ant'_ tf t^ laws that we have before us authorize you to
proceed with toy :,a. of . ri Now the appraisal of the public right-of-way
means oothing in this considerlrion, I don't care if it is a million dollars or
one dollar, it is not a consiherat.ion. It is the value to that company to use:
it. Now the value of that company to use it, and they have their private enter-
prise - semi-public - but they have leased land now through a franchise prooess
and placed public facilities, their facilities in the public right-of-way for
53
MAY 2 71976
30 years and they want to continue that, imagine the cost that they would hay'
to go to if they did not have a franchise right, not onl.y the acquisition of
property because they can't condemn, :acquiring of easements that Cost, legal
fern, surveys, ad valorem taxes to by paid on that property and the movement
of those facilities; out of the public right-ol we/ to those private facilit tr...
That's the value to the company to rob (nue in the publ ir. rtghts-of-way. it
has nothing to ado wilit the value, flow mutt) • auld you buy one block of Fl•tl;Iri
Street for at this time? Can you put .i Its 11.4. Lit; on t beat ? Theo. i v nu way t h.11
you can arrive al that.
Mr. Alford: Mr. Mayor, I wish I couici respond to that one minute if I might.
The genera]rule in condemnations, and that's essentially the rule you would
use for value, has been for ages that it is not the value to the owner or the
loss to him when you condemn the property, not the gain to the condemnor, and
I'm reading from a legal treatise, that that's to be taken into consideration,
It is no more than me saying to you if the F.E.C. had been using the property
you're trying to condemn along the bayfront and making a $100,000,000 a year
out of it, that's not the measure. If they happen to be situated in the middle
of an Interstate highway and you've got to go a hundred miles around it and it
would cost you $40,000,000 to do that that's not the value when you condemn
land when you've got one seller who's got that kind of position. It's not
because the location is strategic and makes the property desirable or the fact
that it would cost the condemnor more to go around these lands for his use.
Those are not the tests in a condemnation proceeding. And if the commission,
and I say this in all respect, if the commission is tricked into using that as
a basis of value it's not going to be upheld, it's simply not.
Mr. Plummer: But sir, you're not buying the property. You're buying a right.
Mr. Alford: Mr. Andrews said he was selling us the right...
Mr. Plummer: We're selling you a right.
Mr. Alford: When you're condemning property it doesn't make any difference
whether you're condemning an easement, a fee simple interest or whatever. It's
not the value to the condemnor that the court will consider and the court didn't
in Fort Lauderdale. They dismissed that, sir, and I pardon the interruption but
they dismissed that outright and I'm convinced that a court would otherwise I
wouldn't have hired Mr. Wilson to appraise the rental value, I would have hired
somebody to say how much profit we're making out of the City of Miami....
Mr. Plummer: Well sir, unfortunately you were not here at the last meeting.
Mr. Alford: Yes, I was.
Mr. Plummer: You were? Well you didn't speak.
Mr. Alford: I did not speak.
Mr. Plummer: But let me go back to one statement I made before and maybe you'll
see where I'm coming from. I made the statement before, sir, that percentage
meant nothing to me.
Mr. Alford: To me either.
Mr. Plummer; What we're really talking about is a bottom dollar, how much are
we going to get for what we give you the right to do. Now as far as the percent-
age on intrastate, interstate, local service or whatever to me that really is
foolhardy because it is only a formula to try to reach what I'm interested in
that bottom dollar. Now I say to you break my theory apart, that we are selling
you a right. That's all. We're not giving you any land, we're not putting con-
trol over it in any way. We're selling you a right. We're selling that same
right to Florida Power and Light to use the public right-of-way, Now it's not
our fault that your gross dollar is any 1t s or any more than Florida Power and
Light. We're selling you a right. Ok? That right derived to this City hard
dollars of 3 1/2 million dollars. I don't see where it is worth a penny less
to you, it is a right.
Mr, Alford; I agree with you wholeheartedly.., I agree with you that you're
selling us a right and it has to be measured diapassionately not because you
have a monopoly position any more than we should charge whatever we can for
telephone service, It is to be measured by the fair value of the right you're
selling, And with regard to the Florida Power and Light, Mayor Ferre pointed
out a very interesting proposition that your net financial position with Florida
MAY 2 71976
Power and .,I;ht :ompanv is not a:, good as it is with Southern Bell when you'r.e
paying us less than a million dollars a year for your services and plying them
$4,000,0nr).
Mr. Plummer: that has no hearing on it.
Mr. Alford: t:h;Ir t'lc,r•iria Power and Lii;ht is paving you hie- no i,e.Ir 1iip on what
the I:iir rental ir; either.
Mr. ;'luru,tr: +)h, 1 think vinl r(,•runt; there.
Mayor Terre: Would you porm;.0 t..nu ch..; tc) e anle to interrupt this proeee(ring
!?ec a;.:ia.' I've been . •.i to ,-1' 4.J:. here VG^40t•J1.SU but 1 ean' i;ct. in. Ine
chair is say in I;i i r' s opinion wc'H'e retreading, we're going over now two
or three times, 1've heart, the same arguments used twice already and in one case
three times and that doesn't advance the cause in any way. I think we have now
got, it's after 2 O'Clock., we've only ;;c;t 30 minutes left, we've got some other
items to get on. ;1r. Andrews, ul,uer.ataru, you wanted to make ;i statement
and a recommendation and let's hear it and then .let's move on from there.
Mr. Andrews: I've made !1 ..t•_i::e'nt .:ch reference to the public right-of-way
because I think that is the most g rm;iin part...
Mayor Ferre: '-'ha,'s already heen made, please don't repeat it.
Mr. Andrews: No. I'm not vin: to do that. I don't have anything more to say
except the outline I gave •.a?t, as to how to proceed from this point if we can't
negotiate.
Mayor Ferre: t ,_ t i , what i-, the oarline? ine? Why don't you review it with us again.
Mr. Andrews: Well, once ;-ia in .,e should find out from Southern Bell if they
are going to oiler er to the city and not exceed the 1% as I understand they did
when they were in my office 1.:ist: afternoon...
Mayor Ferri!: Are .,no rea iy to answer that, Mr. Brown? 1'1l recognize you at
this point for that. purpose and then you can come back and give us your. recom-
mendation.
INAUDIBLE
Mayor Ferre: Alright, Mr. Brown.
Mr. Andrews: And find out from Southern Bell if they propose to secure this
franchise that they do not move from that position by litigating their position.
If we are at an .impass then the city should immediately instruct the City Attorney
to prepare an ordinance according to the terms that the city wishes to achieve
this franchise and present that to Southern Bell as an official act. We have
nothing at this point except the negotiation process and I think we ought to
get the ordinance and von officially adopt it by resolution and present it to
tem so that we can get into proper posture. Then following that the city should
attempt to negotiate if Southern Bell wishes to continue negotiations based on
that ordinance and that negotiations as I understand it from the City Attorney
now can continue on after midnight August llth and in so doing the City Manager
would prepare a letter and put: Southern Bell Telephone on notice that they do
not have permission after August llth at midnight to use the city streets and
public rights -of -way unless there is a pending franchise agreement. During that
process of pending agreement I would request that you adopt a resolution that
the City Attorney has prepared authorizing me to make arrangements with Southern
Bell to pay for the right to use the public right-of-way and streets during the
interim period and such arrangement is separate and distinct and has no bearing
on the final. outcome of the ultimate settlement of a 10, 20 or 30 year franchise,
whatever it might be.
Mayor Ferre: Alright, sir, that's your recommendation.
Mr. Andrews: Yes, sir.
Manor Ferro: Mr. Brown.
Mr. Brown: Mr. Mayor and yommissiuners, I'm not going to be stampeded into any
agreement, 1 don't think that's what anybody intends here but I want to make
my position clear on that in the beginning to you, It was my intention to say
to you that 1 thought that we had come close enough to reaching some kind of
55
MAY 2 71976
agreement on this that i thought war; fair and ;r1.1 of ;t sudden it reverted hock
to a position of no give. Although the percentages were small the amounts of
Money were far apart and speaking Lo the tight to put additional facilities in
there; Mr. Plummer, you have had a growing compensation ever since the last 10
years, You've gone from approximately $30,000 to $500,000 so certainly the
percentage is stable but the airinunt of money the city is getting from it Am.:
up each year: So this...
Mrs. Gordon: I'm sorry, Mr. Brown, 1 didn't mean to interrupt you, 1 jo:;l ;.i hi
so is inflation.
Mr, Brown: I agree with that, some of it is tax caused too. But nevertheless.,.
Mr. Plummer! I don't disagree with that.
Mr. Brown: But my suggestion I suppose at this point is that the coundil con-
sider the large increase which we have offered already. Now I think going from
roughly $500,000 to what equates out to a million and a half dollars a year,
that's a sizeable increase in the amount of money that this city is getting from
this company and it's telephone subscribers.
Mayor Ferre: Excuse me, you said a million and a half, is that what 2 1/27
would be?
Mr. Brown: Roughly that, yes.
Mrs. Gordon: Local only?
Mr. Brown: Local only.
Mrs. Gordon: Which when you finish speaking I'd like to speak, Mr. Mayor.
Mr. Brown: Well, since you brought up the question I might say that I want to
remind you that once we pay for the right to use the streets, the rental value
to use the streets on there then nothing additional should be added to it as
long as it is a fair rental. Now then, I remind you that I told you last week
that there is one long distance call for every 72 local calls. So that's a
small amount to be added to it. But I feel that from roughly $500,000 a year
to roughly a million and a half dollars a year is a sizeable increase. It is
a 30 year period of time, it's $30,000,000 $45,000,000 for the percent and a
half that it would amount to and that I would recommend to you that you author-
ize the City Manager to negotiate with us and see if we can reach an agreement
on that sort of a basis.
Rev. Gibson: Let me raise the same question with you that we raised with one
or two other companies. You know since you said we were renting, counsel, I
want to show you how I'm going to do you. Let's grant that you are renting for
sake of argument. Usually when you rent you pay every month. Don't you, counsel?
Mr. Alford: I guess.
Rev. Gibson: Right! Let's raise the other question. Are you going to wait
until the end of the year to give me my money or are you going to give it to me
every month?
Mr. Alford: Well, we've been giving it to you once a year, Mr. Commissioner but
I think in our discussions that we have agreed with the City Manager that we would
make payments as current as we could make them but, of course, those amounts have
to be finalized before you know what to pay.
Rev, Gibson: Mr. Andrews, I want to get this in the record. Does anybody from
the city ever audit their account? I'm not distrusting anybody but you know in
the church I serve the bishop says we turn in the annual report with a certified
public accountant who is not obligated to or to anybody else. Do you under-
stand what I'm saying? Ok,
Mrs. Gordon: Mr. Andrews, T think the item before us is of great importance, of
much greater importance than the amount of time we have available to us to negot-
iate or even to discuss it in fullness. I think a Special Meeting ought to be
called for this purpose and that we should go into it in much greater detail but
I would like to put my own thought on the record because it is somewhat different
than Mr. Plummer's although we agree in principle but not in procedure and that
bottom line is important. But in my opinion it is very important that it be in-
eluded in that is the intrastate calls because a great percentage of those moneys
56 MAY 2 71976
are incurred by corporations and large commercial users. If the percentage,
whatever- it might end up being, is only on local the burden falls heavier on
the residential person because as you so clearly explained to us you are going
to bill everything over 1.% and when you bill I want you to bill it to the big
ones that can deduct it from their income tax as company expenses and not to
the others. And so that reason Is a very good and valid reason and as 1 under-
stand it, `Ir. Brown, it is within the law that we are permitted by Law to util-
ize the intra:t.ate funds that come to vourr company in the calculation of the
moneys that .i due us under the franchise.
Mr. Brown: No, T kauw of no law...
Mrs. Gordon: ltic:l, it's not against the law, put it in the negative - not
against. ;There is no law forbids us. We're not talking about interstate. And
even that there is some question ;shout whether or not we could and should be
entitled to a percentage up to the state line. I don't want a big argument, I
respect you, I respect every member of your corporation but we are here dealing
with the interests of our respective parties in mind and that has nothing to
do with ,anything else.
Mr. Brown: Well, it sounds like we are trying to negotiate or weigh the rights
of telephone subscribers...both you and us in a negotiation session. I don't
think we've got a right to negotiate beyond all realms or reason as to what they
ought to pay.
Mayor Ferre: We don't have that, Mr. Brown. Don't you see, the electorate will
have that right. 'I'liey'e got the final say because the people are going to vote
against this and....
Mr. Brown: Business subscribers do not have a vote on this, sir, and most of
your revenues come from your business subscribers I think, I'm not certain but
I think they do. So it gets to be the point where the residential subscribers
of the City of 'Miami are the ones that are voting on this.
Mr. Plummer: Yes, but a lot of business people do live in the City of Miami.
Mr. Brown: And I have some people working for me that live in the City of
Miami and so do you ,and so do some other business firms but this is an indirect
approach we have to take to geth there.
Mrs. Gordon: And another thing; that 1 think is important in that type of eval-
uation is that the ad valorem tax person is usually the ones that are paying
the bulk of these tabs, You know the franchise tabs and the taxes on their
property. So here again we have every reason to sit together and negotiate it
based upon a state wide and not a local perimeter. Ok? I'm not going to belabor
it. I think we should have a Special Meeting.
Mayor Ferre: I agree and f think that the problem is that we're running out of
time and this is much too important to rush this. As you keep saying, you're
not going to be pressured, we don't want to be pressured either. Have you got
a specific recommendation in writing as to the type of ordinance we ought to
pass? May I recomanend this? I think so that we have the pressure upon all of
us to get going one way or the other I think we ought to adopt some kind of
resolution today and then we can always come back and change it or do it before
it is final but let's get going on this thing so that at least we'll know which
way the City of Miami is going.
Mr. Brown: :lr. Mayor, may I make one point here that has not been brought out
in your consideration: I believe that it requires that I put up the money to
hold the election prior to a referendum vote. And if I find myself in such a
position of having to put up money for a referendum on an issue that I cannot
recommend to our subscribers that 1 will still have the right to refuse to put
up the money and 1 still want to have a franchise I understand too but I thought
you ought to know this position before you Lake whatever action you,..
Mrs, Gordon: I wonder if it might also for all parties concerned, there are
several elections coming up...
Mayor Ferre: liut I think it is a much more important point than that, Rose.
We're talking about the difference between what might be 30 or 50 or $60,000,000
and certainly I'm not going; to let $60,000 from my personal opinion bother me
very much, Mr. Brown.
57
MAY 2 71976
Mr. Frown: 1 think you need to refer `:' the :statute before we make that ,iecis-
ion. The' statute is very clear on what happens there.
Mayor 1'c err: That may be. What your re saving is that we may have to end up
paying,, fot• the ele'•tton. What I'm saying; is that we might he very happy to nab.
hit- the election hveause the difference might be several million liol l,ll.: ;1 %eat.
Mr. 11turm r: tier":, pllIs we411 get It hark in till' fr;Ilirlllse, don't woll`. ,1hoio
that. :.it. nrown, may I ask a question or you, :: i r? 'Hits is i:: net lei .11 llun tlt i vt•
purllr)5PH, I'm merely asking you is Mr. Anllrtwr:' 1 igulot; hero, do ynit own ul AN
correct that the gross revenue of your company I ter the year 1975 w Io-; ;lllilrexim-
ately ,76,142,000?
Mr. L'rown: I do not and I have so told him in p:evints discussions 1 do not
agree with them. 1 don't have an exact figure, I know they are high, consider-
ably high.
Mr. plummer: May I ask of you, sir, that you furnish to me or furnish to this
entire commission what your gross revenue for 75 was?
Mr. Brown: I'll have to do it by a formula which we presently use in the excise
tax development. I cannot break it down in the basis that he has It.
Mr. Plummer: Well, if you could I would appreciate it. We've been trying to
use this formula so we can derive a figure for the problem.
Mr. Brown: I'll do the best I can. Mr. Plummer, continuing this, there are
revenues that we have that have absolutely no bearing on the right to use the
streets and I will elect to exclude those type revenues if I may.
Mr. Plummer: As long as you identify them, sir, that would be fine.
Rev. Gibson: Mr. Mayor, that's why that there was no accident in my asking,
"Is there an audit?" Mr. Brown, what I'm saying is I. don't want Mr. Brown's
audit because he has said he has a right to exclude. I hope, Mr. Mayor, after
we get through this discussion so that it won't reflect upon Southern Bell, that
we take a hard nosed position and pass a resolution that all of the companies
we deal with like Southern Bell and like Florida Power and Light Company and
any other company, that we get an audit, a certified audit so that we could at
all times be saying to the public, "This is correct." This is not a reflection
on you.
Mr. Brown: It is, the fact that you bring it up might give somebody the impress-
ion, and I would just like to answer and say that the city does audit our figures.
Rev. Gibson: Well, let me say this, well you need to hear this. In the meeting
Mr. Andrews had up there in his conference room, Mr. Andrews, when you were asked
by a citizen what was the reply?
Mr. Andrews: That we did audit but not audit to the extent that they needed the
information to make these kind of judgements.
Rev. Gibson: That's all I'm saying, and please, no reflection upon you. What
I said was I want you, Florida Power and Light and all those other fellows, you
know what I mean? Ok.
Mayor Ferre: Alright, there is before us a resolution which I will read the
title to if you will look at it. It says, "A resolution authorizing the City
Manager to allow Southern Bell Telephone to continue using public right of way
after the termination of the existing franchise condition upon the payment by
Southern Bell Telephone of a reasonable fee for the use of such properties such
fee and other terms and conditions is to be of the conditions of the interim
agreement authorized hereby to be determined by the City Manager subject to
approval of the City Commission provided that the fee, terms and conditions
hereby shall not control the ultimate determination of the fee terms and condit-
ions of a long term franchise, further authorizing and directing the City Attorney
to take such legal steps as may be necessary in the event Southern Bell Telephone
Company fails to comply with the terms in the interim agreement preferred by the
City Manager," Well, I don't see that we're in such a hurry to pass this.
Rev. Gibson: Why can't we agree, Mr. Andrews and Mr. Lloyd, what is the problem
if ... You have dealt with these people for 30 years and they have maintained a
certain posture or rate, why don't we agree to go along with what now is until
such time as? I mean, 1 haven't studied it.
Mr. Plummer: As long as it is retroactive back to the 12th day of August.
Mrs. Gordon: CAn't we take this with us, we're going to have another Meeting
shortly, we hope of longer nature...
Mr. Lloyd: 'i rs , there's no problem, It dnesn' t need to be passed today.
Gordon: We can study this in the meant ime and tnke it up at that time.
Mr. Plummer: Well, we can take it up on tho 10th of ,June, there's no problem.
Mrs. Gordon: That's what 1 meant. Sometime between now and then we can meet
with that.
Mr. Plummer': As long as we do it before midnight or the 11th. Right?
Mr. Lloyd: That's right.
Mayor Ferre: If I. heard right, what Mr. Andrews said, he was recommending that
we actually pass a resolution setting down what we're willing to do which is
the culmination of his negotiations. Now, I really honestly feel that when we
do that that we shouldn't because up to now we've been bargaining and all that,
I think that whatever we do that it ought to be a reasonable thing that we can
justify if we have to in court and that's it - to the voters. And that's going
to be our position. And I think you ought to prepare that and you send it to
us with plenty of time to study it before the loth and that on the loth we pass
this resolution or the one that Father Gibson is recommending which I subscribe
to and the resolution you're talking about as to what our best offer is and
take a position and that's it:.
Mr. Plummer: Well Mr. Mayor, just so there is no misunderstanding I understood
what Mr. Andrews presented at the last meeting was his justification of asking
for asking for what he was asking for.
Mayor Ferre: Yes, I understand that but what I'm saying is that that 4 and 3/4
percent as you know or at least is I. think that I know is a bargaining position
and I think the Manager probably would come down from that just like we were
hoping that Southern Bell would go up from 2 1/2. And what I'm saying is that
when we pass a resolution that it not be 4 3/4 or whatever, that it be the fig-
ure that we really intend and that's going to be it.
Mrs. Gordon: And also the areas concerned, that there was an arbitrary reason
for a half of the intrastate, why I don't know. It should be all. That's the
way it should be.
Mayor Ferre: Would you come up with your specific recommendations,. and would
you meet with each and every one of the commissioners here and go over this
and then come out with a document which we're going to pass on July loth and
we hope Southern Bell will concuir with it.
Mr. Plummer: With Mr. Brown's personal guarantee that the phone in my office
works from now until the next negotiations.
Mayor Ferre: Alright, if there is no further discussion, is that agreed by
everybody then?
Mrs. Gordon: Should we set a time and a date for the...
Mayor Ferre: .June the 10th. Wait a moment, I meant to bring up today, I may
have to be in Washington on something rather important on June loth. Is there
any objections to changing our meeting to June 9th?
Mr. Andrews: Mr. Mayor, may I have the priviledge of submitting this informat-
ion to you at the following meeting? That meeting should be much lighter and
we'll have more time to spend on it and it will give me more time to prepare
it.
Mayor Ferre: That would make it the 17th. That's alright with me. I don't
think a week is going to make any difference.
59
MAY 2 i 1976
23# CHANGE DATE OF FIRST COMMISSION MEETING IN JUNE TO JUNE 9) 1976
The following motion was inttoduced by Commissioner Plummer, who moved i i s
adupi Lon,
Mo'I'I►►N No. 7r1-"OD
A Merl1ON c►1ANGfNG nit DATE o1- 'IUE RI:c, ll,AI r:I'FY CoNMI:; ;Ir►N
: NG DE IIONE 10, 1.976 T1) JUN1% 9, 19 /6.
Upon being seeonded by Commissioner Rubn:;n, the motion we►:, I,n:;sed .u►d
adopted by the Following vote-
AYES: Commissioner i`1anole Re hoso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
29, PRESENTATION OF PHOTO ALBUMN TO COMMISSIONER J. L, PLUMMER, JR, BY MR.
WILLIE CORT,
pr^,^ntation of m>,oto album?, to Commissioner J. L. Plummer entitled
"The Six Million Dollar Man" by Mr. Willie Gort.
30, CIVIL SERVICE ENTRANCE EXAMINATIONS
Mayor Ferre: This is a letter that I wrote Jessie Mc Creary which speaks to
this issue. Let mP rPad tt into the record nn' explain it if T rnv because
that's the subject that this is on. Right, Paul?
"Dear Jessie, I received on May 5th a copy of your letter of April 26th to
John Lloyd on the subject of retesting police applicants by the University of
Chicago. As you know 106 people passed. Previous experience has shown that
only 25% of those accepted on the register passed the academy. The University
of Chicago hopes they can increase this figure to 50%. That remains to be seen.
It is probable that through sickness, people leaving the community, changing
their minds or any facts of attrition less than one half will be available event-
ually to become police personnel. In recent years the turn over of the Police
Department has been close to 100 a year. Because of the high unemployment that
rate has been reduced. 0n the other hand many Miami Police personnel will be
retiring. I would assume that the 106 individuals passing the University of
Chicago test will not be sufficient to fill the vacancies after natural attrit-
ion. Mr. Saunders of the University of Chicago himself on the public record
before the commission stated (1) that the University of Chicago was goi.ng through
unchartered waters and that this was the first attempt and admittedly not per-
fect. (2) Most important Mr. Saunders after defending the academic and psycholog-
ical portions of the test admitted that the validity section was confusing and
that if students that had failed because of validity were to take over a similar
examination the majority would pass. Now please, do not misunderstand me, if
a person fails the academic portion of the test or if a person fails the psycho-
logical portion I have no argument. But with this nebulous undefined area called
validity which nobody clearly understands, which has not been defined other than
by the University of Chicago to themselves because we haven't seen it and which
Mr. Saunders himself admits was a first time around questionable, I do have a
problem because it is unfair to fail over 300 people who passed the academic and
who passed the psychological tests and yet were knocked out by the questionable
validity portion of the exam. I do not infer that those to be retested should
be given equal posture with the 106 that passed but I do say that those who
passed the psychological and academic test and fail on the validity should be
retested and placed on the secondary list; it would fill positions only after
there are vacancies open beyond the 106. May I remind you that the majority of
the people that failed the validity *est but passed the academic and psycholog-
ical were members of minority groups althoLgh, of course, many Ang].o-Saxons were
also affected, I would like you to not only reconsider to assist in finding an
avenue open to accomplish justice to these people who in my opinion have been
unfairly treated, I intend to bring this matter up when the full commission is
in session, hopefully the first meeting in June."
Well, of course, it is on the agenda today, So I wanted to read that into the
record and you've all got a copy, Let me say one more thing. This first came
up for discussion and Theodore Gibson was, as I recall, in the hospital, And
then at another time Plummer was out to something or another.
MAY 2 71976
Mt. Robert Pauik: The first time it came up, Mr. Mayor, Commissioner Plummier
was in Tallahassee. The second time it came up two weeks ago Commissioner
Gibson was in New Jersey 1 believe being considered fot... That's correct.
Mayor Ferre: Time is running and I understand we've got problems with the
Charter and with Civil Service and what have you. 1 think that now that we're
all together we ought to try to see if wP can solve this one way car the ether.
Mr. Jessie Mc Creary: Mr. Mayor, before Mr. Paulk speaks...
Mr. Plummer: ..,because: 1 ju.:t aeet ,, ,et the bail game because I'm probably
going to make :1 real r.adical motion here. just so that we understand each other,
as I understand after this and you mart these comments before, Mr. Mayor, it
was the direction of this commission on the record, AM I right, Paul? The
direction of this commission on the record that the University of Chicago he
given notice to re -test the ones beyond 106. Now to my knowledge, Mr. Mayor, 1
never received an answer free that: direction of this commission.
Mayor Ferre: Yes, you received ae answer in the newspaper.
Mr. Plummer: Please. Ok, that's the point I'm getting to. That that Univer-
sity of Chicago either (1) were not contacted and told of the direction of this
commission (2) if they were they did not show the courtesy of coming back to
this commission with an answer for or against but more importantly they went to
the press or the press went to them to take the opportunity to say no to this
commission. Now 1 want to tell you something real simple like. Forget about
the 106 which I can't do, forget about the merits of the case which are very
important, forget about them for the moment. Unless I'm mistaken, with the
approavai of the plaitiffs the University of Chicago works for this commission
and if their boss tells them to do something and they don't do I have to tell
you what the motion I'm ready to make is? Fire them! And Fire them now! because
I'm going to tell. you something, 1 wouldn't stand still in my private business
when 1 tell a man to do something and it is legal and moral, if he says to me,
"No, I'm not going to do it", he is not going to he working for me long. And
unless somebody shows me to the contrary where the University of Chicago has
been asked to do something that is not moral I'm ready to offer a motion right
now to fire them under principle.
Rev. Gibson: J. L., 1 don't usually agree with you because you bury the dead.
Mr. Plummer: You help.
Rev. Gibson: but 1 lust find that incredible that you would ask a company that
holds such a key position to do a thing and they don't do us the courtesy to
reply.
Mayor Ferre: They did to the newspaper.
Rev. Gibson: Man, that would even anger me more that they reply in the newspaper.
1 hope, can that be answered, Mr. Andrews? Please.
Mr. Plummer: Well first of all, were they told of the decision and the policy
set by this commission?
Mr. Paulk: Yes, I. contacted Dr. Saunders by telephone. I advised him of the
action that the commission took. I likewise advised him that this had to be
followed up through the adoption of a resolution. I likewise advised him that
there was a legal opinion that was rendered that indicated that the commission
is without authority to make such a direction.
Mr. Plummer: Where was that from?
Mr. Paulk: You received that legal opinion some two weeks or three weeks ago.
Mr. Plummer: Without the approval of the plaintiffs,
Mr. Paulk: That is not correct, Commissioner Plummer.
Mayor Ferre: see, well that's whyl want to bring this whole thing to a head
because we all have different information and different ideas. You know the
point is we've gone to an awful lot of trouble and expense and look, you know
this is the second major problem I've had with the University of Chicago.
Nevertheless, I do believe, and I do subscribe, Jessie, that we do need psychol-
ogical testing and so. I'm not against that, I'm a11for it. I'm just concerned,
Gi.
MAY 2 71976
I've got a vary simple problem. And I want to tell you that it isn't just
Spanish speaking or blacks that have come to me. I've had a lot, Rose, I've
had a lot of other people, women, Anglo-Saxons, people that have nothing to do
With Minorities that were public service .Aids and that were kids that we put
an awful lot of testing and training,' nnd the 'I'r i -rul aural Program and all these
e
kids have failed. They didn't fait the academic, they didn't fail the psyrhol-
ogicel - they failed this thing called vilidity.And I still doh'i understinnd.
what validity is when Mr, Saunders stands :II t hnt microphone after half :in hoot
bark and forth and says well ok, you know this is the first time that we tried
this and maybe we didn't do it perfect and Chew 100 kids;, if ahoy took it ovo
again most of them would pass, That .;list gels me right: here. And all I'm
inK is that 1 think that those kids deserve a littie better treatment and
especially after they've put months and months. of training. And I'm not talking
just about black kids and I'm not talking just about Cuban kids, I'm talking
about white American kids, blond freckled green eyed girls that were in that
program that were affected just like everybody else.
Mr. Paulk: Mr. Mayor, I think there is a great deal of misunderstanding...
Mr. Plummer: Bobby, excuse me. Let me answer him because he is talking directly
to my point. Mr. Mayor, I am not in any way having any opposition with what you
say except this point. You say it would set us back but I think set us back from
what? We have to look at the results of what is present to say do we want to be
set back.
INAUDIBLE
Mr. Plummer: Mr. Mayor, if we have wasted money let's be big enough to admit
that we've wasted money and let's try to correct the situation that's wrong.
Mr. Mc Creary: Mr. Plummer could I address myself?
Mr. Plummer: No, I'm sorry, I interrupted Bobby and I think he should have the
right to speak.
Mr. Paulk: Well. I think, and I bow with Mr. Mc Creary because he was to be recog-
nized first.
Mr. Mc Creary: Ok. Let me say this. This was a meeting, Jessie Mc Creary on
the behalf of the M.C.P.B.A., there was a meeting with the City Attorney, Execut-
ive Secretary of the Civil Service Board, members of the F.O.P. and Chief Examiner
where there was a discussion as to whether legally this commission in its meeting
of April 8, 1976 directed the City Manager if not the City Manager the Executive
Secretary to contact the University of Chicago for the purpose of retesting those
persons who had failed the validity part of the test. The interested parties did
meet with the City Attorney. Positions were voiced as to whether or not we thought
the City Commission could direct him or direct the University of Chicago to do
that part of the test again. I think I'm correct when I say it was a (not unanim-
ous) majority opinion of the persons present that the city could not do that. I
think it is only fair, Mayor Ferre, that my letter of the 26th should be read into
the record so it takes on a proper perspective and it is very short. The letter
is addressed to the City Attorney, John Lloyd. Re. testing of police applicants
by the University of Chicago. "Dear Mr. Lloyd, this letter comes to confirm in
writing my thoughts relative to our recent conference along with the representat-
ives of the Civil Service Board and representatives of the Fraternal Order of
Police wherein we discussed the feasibility of having the University of Chicago
retest certain applicants who were unsuccessful with the recent examination admin-
istered by them for entrance into the Police Department. It was my opinion then
and it remains my opinion that the University of Chicago cannot and should not
retest any applicant who has failed the examination. It appears to be inherently
wrong that the University would desire or that the City Commission would desire
that certain persons be retested on certain portions of .the test. It would raise
the question in my mind as to whether or not we could not open ourselves for a
lawsuit by other persons who would not be retested but who would feel that they
would have had the same right on a portion of the test they had not passed.
Therefore, it is my position if the city should order the University of Chicago
to retest certain persons then I shall have no choice on the behalf of those
persons I represent than to file a lawsuit based upon the order we received in
Cohen vs, City of Miami. Thank you for your consideration, Very sincerely yours,
Mc Creary ,,,"
Now after that letter the City Attorney by an opinion dated April 28, 1976 agreed
with that position that I took. I think that the question now of whether or not
the University of Chicago can retest or should retest has been answered by the
legal staff of the City of Miami, I think that is a dead issue.
62
MAY 2 71976
Mayor Verve: ee: No way?
Mr. Lloyd: First, let me say that by pure coincidence that I wa:; of that opin-
ion before the meeting. 1 think you got that impression, digit you not, +tr.
Mc Creary:'
Mr. Mc r:reary: Yes.
Mr. Lloyd: Yt•r., t:here Is no way in my opinion au l reflected in my opinion ;hat
this cOnmliSsion has the aethority to direct a retesting.
Mr. Mc Creary: Mr. Mayor, if you' i 1 recall the order of Cohen vs
Mayor Ferre: I'm going to go down as :, .citizen co the Equal Opportunity Office
of the federal government and T rim personally going to requosl an' investigation.
Mr. Mc Creary: sir. Mayor, let mu tell you what this commission has the power
to do without wasting time. 1f this .ommi- ion at any point deseires to goat
rid of the University of Chicago, and if in your opinion they are not doing
what they were hired to do you've got the power to do that.
Mr. Plummer: With your clients' approval.
Mr. Mc Creary: Let me say this. You can get rid of them and all the order says
is the hiring and I assume if you are paying them you can fire them.
Mr. Plummer: It sure seems that way to me.
Mr. Mc Creary: Now if you want to get rid of them I think you are in a position
to do that but you ought to not waste any more time about all the other stuff
we're talking.
Rev. Gibson: Mr. Mayor and Mr. Lloyd, 1 tell you what worries me that Mr. Paulk
called him. One thing I have learned early in my life, when you make a call it
is followed up by a letter stating: per my telephone conversation. That's very
important. I'm sure that all of us have dealt in public life certainly with city
business long enough to know that that is the procedure. I hate, I wish you
could fire them, you know that's what ought to be. But I would think that we
shouldn't deal with people by just telephone conversations because maybe they
didn't hear us right. You know, conveniently not. I think what the Mayor is
saying has an awful lot of validity. Now how we go about solving it 1 don't know
but it ought to be solved. 1 don't understand what knocks a man out if he took
an examination and he passed the examination. The academic, that's the only
thing we have ever known, man. And you know...
Mayor Ferre: And passed the psychological.
Mr. Paulk; Mr. Mayor, that's the confusion. Quite frankly, that precisely is
the confusion. There were three screens that were used to determine the ones
who were placed on the register and the ones who were not placed on the register.
Screen ill was the academic portion and which 75% did clear. Of that 75% a large
number of them did not clear on a validity screen. The validity screen was the
application of the answers that they gave to the psychological portion of the
examination. They did not pass the psychological screen because they didn't: pass
the validity screen. There can be no determination as to whether they had the
temperament because there was insufficient date on the examination results to
make that determination.
Mayor Ferre: Mr. Paulk, what bothers me about all of that is this. That up
until the University of Chicago if an applicant passed the academic portion which
was all that there was on the exam he or she was on their way through the rest of
the process. Now we changed it with good reason, i understand and I agree. Now
al] we have all of a sudden put in the hands of an academic group called the
University of Chicago what previously was done by Civil Service and by the Chief
Examiner. Now, all of a sudden, the Chief Examiner and the Civil Service doesn't
know, nobody has seen the test, nobody knows what this validity thing is all
about and how valid validity is. Mr. Saunders himself has questioned the validity
of the validity test and you're making a whole bunch of kids pay for something
which was not their mistake. The University of Chicago made that mistake not
us, not you, and not the kids who took that exam, It just doesn't seen right to
me. And here we have gone out and spent all that money to try to accomplish some-
thing and instead we've taken one step forward and three steps back and I just
can't accept that sitting down.
MAY 2 71976
Mr. Mc Creary Mr. Mayor, 1 may he able to respond to that. Thal (1) the only
control that the City Manager has relative to the University of tatierigo in the
administration of their duties is the power of selection of that Ngenry with the
consent of the plaintiffs. And that was order given to the City Manager. Now
as to what they determine as passing rind failing is clearly within their prnvence.
If we are now saying that we do not want them 1rr'eause we do not want this kind
of stumbling block in out way then you're certainly going to have to go to
another agency because you cannot interfere with them in the administration of
the test; neither Civil Service nor the Manager. I'm not suggesting that v"rr
fire them, I'm not suggesting that you keep them either. 1 think if the commiss-
ion wants to get ri.d of that road block...
Mayor Ferre: I don't know what the answer is but the point is that there has
been an injustice perpetrated here.
Mr, Mc :earyt Mr. Mayor, that's exactly what I argue about everyti.me I'm at
this commission and I'm glad somebody on the commission understands what injustice
is all about.
Mayor Ferre: Jessie, that's unfair.
Mr. Mc Creary: Well, that's not unfair, Mr. Mayor, I think that's the truth.
Mayor Ferre: I think that this commission and commissions before this one have
been understanding of the problem.
Mr. Mc Creary: That's not personal.
Mayor Ferre: Yes, it is personal. You can't tell me that Theodore Gibson
doesn't, you can't tell me Athalie Range didn't understand the problem.
Mr. Mc Creary: Mr. Mayor, you see we make the same mistakes when we start talk-
ing this. Theodore Gibson may understand, I'm upset with Theodore Gibson now
because he has not moved an issue that should have been moved on this commission
as regards to Theodore White. So I don't pick them. You know I'm upset with
him. I'm upset with everybody on this commission including Theodore Gibson. I
want him to know that. The issue of Theodore White...is an issue that this com-
mission has failed to address by letter from the City Manager dated April 7, 1976
nothing has happened. You see, so I cannot take any longer the playing around.
You know we ought to do it. Now if you want to fire the University of Chicago
fire them. Let's get on with the business of what we've got to do about examin-
ations. Let us move on rapidly.
Mayor Ferre: Ok. Look, I may vote for that but the point is that that doesn't
solve my problem of an injustice that has been perpetrated on some people who
had a lot of faith in the city, many of them who spent hours and hours as public
service aides getting ready to become policewomen or policemen and many of them
going through this so-called Tri-Cultural Program. Those kids didn't have to go
day after day and week after week and month after month to be drilled and in-
structed and taught and then all of a sudden they take the exam, they pass the
psychological, they pass the academic and they don't make it.
Mr. Paulk: That's not correct, Mr. Mayor. They did not pass the psychological
screen. That is the misunderstanding. The psychological screen, there could be
no determination as to whether they passed it because there was insufficient data
on the basis of their answers that they gave. There is not one on that register
who didn't pass the academic and didn't pass the temperament screen. The ones
who failed the validity screen, there could be no determination as to whether
they passed the psychological portion.
Mayor Ferre: I'll tell you this, if Plummer makes that motion I would like the
University of Chicago to be here to defend themselves. but I'd like the Univer-
sity of Chicago to be called and to one more time explain because as I understood
it, and I hope I misunderstood, that these kies that passed the academic and
passed the psychological and didn't pass validity, and maybe I just don't under-
stand how these things function. Perhaps what we need is a couple of psycholog-
ists in this town or people that expert maybe from the University of Miami, to
go in there and look at what exactly this is all about and come back and tell us
whether this makes any sense. Nobody has seen it, nobody seems to know, What
we're doing is completely depending on the University of Chicago and nobody else
seems to know, You don't know, you haven't, have you seen the exam?
Mr, Paulk: Yes, I have, not the most recent because there were a couple of
changes but the initial one that was,,,,
64 MAY 2 71_976
Mayor Ferre: And you saw the results a,nd wha: the questions went that elimin-
ated people?
Mr, P;tu 1 k: There tts no one here who has ;tort 1 y,.,•d t h,tt ,
Mve It Is one thing, to ;ton l y7v 11 1.s something I r;t' :+ I t 11s.' I lwr .
Mayor Ferret 1 feel bad about it Bobby, that's all.
Mr, Paulk: 1 understand.
Mayor Ferre: I think something
Mr, Plummer: Let's bring it to a head. "i o ier a1 r..uLion ,;t t•cii.s time tFtat
the University of Chicago be brought to the City of Miami tor dur next meeting,
June 9th to discuss this situation.
Rev. Gibson: I second that motion.
Mr, Paulk: Mr..Mayor, I would like to say one thing before you vote and not
in opposition to your motion but to clarify the position of the University of
Chicago. When I consulted them by way of telephone 1 indicated to them that
the commission wished them to give another examination. They have no objection
to administering another examination. They do object to the administration to
the people who failed a portion of that examination. Now they did not seek nut
the news media, Commissioner Plummer.
Mr. Plummer: Sure they object to that. Do you know why they objectto that?
Mr. Paulk: Yes, I do.
Mr. Plummer: Because it says they didn't do it right the first time.
Mr. Paulk: No, that's not correct, Commissioner Plummer.
Mr. Plummer: You have your opinion and 1 have mine!
Mr. Paulk: Well, I'm telling you what they're telling me, Commissioner Plummer,
and I think that's important.
Mr. Plummer: They sure don't show me that courtesy to come here and tell me
what they're thinking.
Mr. Paulk: They have not been asked, Commissioner.
Rev. Gibson: Mr. Mayor, as seconder of the motion, the motion carries with it
unequivocally that you call them and put them on notice that a letter is forth-
coming the very next day, a written document. The buck stops there because if
they don't show up I's going to make the motion and it t'aint going to be to
have them come but to fire them.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 76-530
A MOTION OF INTENT TO INVITE REPRESENTATIVES OF THE UNIVERSITY
OF CHICAGO TO THE NEXT REGULAR MEETING OF THE COMMISSION TO
DISCUSS THE MATTER OF TEEE RECENT ENTRANCE EXAMINATION GIVEN BY
SAID ORGANIZATION FOR POLICE CADETS,
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
MAY 2 71976
3 . CF;'JTRAL SHOPPING CENTER E(IT FROM REAR, SET DATE FOR PUBLIC HEARING,
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 76-531
A MOTION FIXING JUNE 17, 1976 AT 9 A.M. AS THE DATE AND TIME
FOR A PUBLIC HEARING ON THE MATTER OF AN EXIT FROM THE REAR
OF THE CENTRAL SHOPPING PLAXA LOCATED AT N.W. 37TH AVENUE AND
7TH STREET
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Mayor FErre: We are not going to determine this today. Who wants to
say something on this?
This will be No. 1 on the agenda for the 17th.
(inaudible remark:; from audience)
32, SELECTION OF THREE FIRMS FOR EXTERNAL AUDIT IN ORDER OF PREFERENCE
Mr. Andrews: I supplied you with a memorandum, ----
Mayor Ferre: What is your recommendation?
Mr. Andrews: My recommendation is that you consider at this time
Arthur Young and Company , Coopers and Lybrand, and Peat Mitchell and Co.
as 3 you would choose from, one of those I would negotiate with.
Father Gibson there is a memorandum in your book under 33 G.
Mayor Ferre: This is a memorandum from a post -audit report.It says
'Peat Marwick Mitchell has presently a contract with the City of Miami
for providing financial management service and will provide the City of Miami
with such a plan. Formal accounting and data processing manuals will be developed
by the department of finance and Peat Marwick and Mitchell. A formal chart of
account will be developed by Peat Marwick and Mitchell. So to me Peat Marwick
and Mitchell are already doing work in the city. I think they are one of the
top firms. As I remember Haskins and Sells has county, and the idea is that we
are going to give these things on a revolving basis so that these, how long
is this for?
Mr. Plummer: Three years, --
Mr. Andrews: I don't know the commission intended it for 3 years, did you?
Mayor Ferre: Every two or three yecrs it ought to come up on a revolver,
I think the county does it every 3 years,
Mr, Andrews: The motion indicated it ought to be done every three years,
but I don't know if the commission wishes to consider that motion.
Mayor Ferre: What is your recometndnation?
Mr, Andrews: I think if you award this, you should do it for two years
and at the end of the first year make a determination that the 2nd year should
continue,
Mayor Ferre 4ii we are
really doing is giving you the order if we Can
6 MAY 2 71976
negotiate.
Mr. Andrews: Right,
Mayor Ferre: You come back . AI recommendation. Rena the list
off.
Mr. Southern: I don't have theca ail yet, Mr. Mayor, I have them now.
Mr. Plummer: No, 1 Peat Marwick Mitchell, No. 2 Cooper Lybrand, 3 Arthur Young,
Mr. Reboso: No. 1. Peat Marwick Mitchell, NO. 2 Arthur Young, NO. 3 Cooper
Lybrand.
Rev. Gibson: NO. 1 Peat Marwick,Mitchell, No 2. Coopers Lybrand, NO.3
Arthur Young.
Mrs. Gordon: Peat Marwick Mitchell, No. 2 Arthur Young, No, 3 Coopers Lybrand.
Mayor Ferre: No, 1 Peat Marwick Mitchell, No. 2, Coopers Lybrand 3. Arthur Young,
Mr. Plummer: Peat Marwick Mitchell No. 1, Cooper Lybrand No. 2 and Young No. 3.
33, DEDICATION OF MIAMI MODERN POLICE HEADQUARTERS BUILDING, SET DATE
The following motion was introduced by Commissioner Reboso who
moved its adoption:
MOTION NO. 76-532
A MOTION OF INTENT TO HOLD THE DEDICATION OF THE NEW POLICE
STATION ON JUNE 25, 1976 AT 10 A.M.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Cordon
Mayor Maurice A. Ferre
NOES: None.
34. DISCUSSION OF POLICE DEPARTMENT BRINGING WOMEN TO Y.W.C.A. FOR HOUSING AND
THE DEBT INCURRED THEREOF,
Mrs. Gordon: lhave a very small item. T have a letter from Betty Lon
of the YWCA . The personnel have been bringing
women to them and there is a debt that has been incurred by the City and a
debt that has not been paid. Mr. Andrews I am going to give you the letter and
ask that you follow it up please. They are not in a financial position to
subsidize with regard to caring for the homeless woman, that the police are
bringing to them. Follow up with it that we budget something in excess of
what we already owe them to take care of future cases that are brought in.
Mr. Andrews: I had better analyze what is involved.
Mrs. Gordon: Our police have been bring vagrant women to the Y for housing,
and nothing paid. There is debt owing and this is an on -going process, that we
give them enough money to take care of future,---I'11 give you the letter, you
follow it up.
35. MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM - PROVISION OF CUSTODIAL SERVICES FOR
SECURITY ORTFOLIO,
Mr, Plummer: Mr, Mayor I offer a motion at this time that item 26 has to
be moved,that the new custodial be in the name of Bankers Trust or New York,
for the System aide of the custodial,
Mr. Andrews: A year or two ago I recall that Father Gibson had some concerns
in this, This was the time you indicated that we should give consideration to
have a domicile banking institution, be the custodian, This would change that,
I just want you to know about that,
MAY 271976
Mr, Plummer: i had it deferred because of your absence,
Rev, Gibson: Let me say this,--t ltr first. time I saw it was no thr• ay.eoda.
t notice it "refers to the last quarter of 75. I get awfully disturbed, t lte..c•
people locally,_--- -can+t we go try those people and say look, -
Mr, Plummer: ----let me make it clear, clear as dollars and cents, --the
difference in renegotiation for custodial was approximately three thousand
dollars less for Bankers Trust than Southeast First National. I am all in
favor of local companies , and local people. I think you are well aware,
but there was three thousand dollars difference in Money between the two
companies. They both offer the same service, I remember your wording very
clear two years ago, all things being equal, and even an edge, ----give it to
a local company. And I concur. Three thousand dollars is not a small amount.
A motion to defer the matter was passed and adopted by the unanimous vote
of the commission.
36, APPOINT REYNA PADILLA TO YOUTH ADVISORY BOARD,
MOTION NO. 75-533
A MOTION OF INTENT TO APPOINT REYNA PADILLA AS A
MEMBER OF THE YOUTH ADVISORY BOARD
The motion was introduced by Mrs. Gordon, and was passed and
adopted by a unanimous vote of the commission.
37, BID ACCEPTANCE - MASSEY-FERGUSON, INC., FOR FRONT END LOADER
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 76-534
A RESOLUTION ACCEPTING THE BID RECEIVED FROM MASSEY-FERGUSOS,INC.
IN THE AMOUNT OF $28,950. FOR THE PURCHASE OF ONE USED FRONT END
LOADER, 1974 MASSEY-FERGUSON MF 55; ALLOCATING THE AMOUNT OF $28,950.
FROM THE CAPITAL IMPROVMENT FUND -UNALLOCATED FUNDS; AND AUTHORIZING
_ THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE A PURCHASE
ORDER FOR SAID PIECE OF EQUIPMENT
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A, Ferre
NOES: None.
38, REQUEST CITY MANAGER TO AASIST IN PREPARATION FOTHE DEDICATION CEREMONY FOR
THE STATUE OF . UAN ABLO !DUJARTES, FOUNDER OF THE A MINICAN KEPUELIC,
Mayor Ferre: Mr, Andrews, I heard from the Dominican government that
the dedication of the Duartes statue, the U.S. Ambassador will be here, the
Vice -President will be here, the Mayor of Santo Domingo will be here, and the
sister of the president, and the president himself might come. The dates they
have selected is the lOth or llth and it is up to you to communicate with the
Dominican Consul here and through Mr, Price, and whoever else is involved, let
them know,
68
MAY 271976
The following motion was intoudttr.,dt by C„mmissitoner I')tnnnn ► Who
moved •i t 5 adopt inn :
N1i►'I tom Ni). Ifs-5'1',
A MOTION OF INTENT T}i:,';' ' '.': CITY A »1; i\ I STt;.ATI ON DO EVi RYTH I PIG
POSSI3LE TO ACCOMPLISH A ;,;;CCI S C.;L ')ED CATION CEREMONY FOR TIh
STATUE OF JUAN PABLO DUARTES, FOUNDER OF THE DOMINICAN i2EPUBi.i C:
Upon being seconded by Commissioner Reboso, the motion was
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
39, BID ACCEPTANCE - BISCAYNE CONSTRUCTION, INC, -
MPROVEMENT - 1975 ()RD BIDDING),
The following resolution was introduced
moved its adoption:
passed
ORANGE BOWL WATER MAIN
by Commissioner Plummer, who
RESOLUTION NO. 76-536
A RESOLUTION ACCEPTING THE BID OF BISCAYNE CONSTRUCTION INC.
IN THE AMOUNT OF $36,700. FOR THE ORANGE BOWL -WATER MAIN IMPROVE-
MENTS-1975 (3RD BIDDING); 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: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
40, BID ACCEPTANCE - LOWELL DUNN CO - VIRGINIA KEY FILL PHASE II - 1976
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-537
A RESOLUTION ACCEPTING THE BID OF THE LOWELL DUNN COMPANY IN
THE AMOUNT OF $145,700. FOR THE VIRGINIA KEY FILL -PHASE II
1976; ALLOCATING THE AMOUNT OF $145,700. FROM THE ACCOUNT EN-
TITLED "POLLUTION CONTROL & INCINERATOR FACILITIES BOND FUND"
TO COVER THE PROPOSED CONTRACT COST; ALLOCATING FROM SAID
ACCOUNT THE AMOUNT OF $16,027. TO COVER THE COST OF PROJECT
EXPENSES; ALLOCATING FROM SAID ACCOUNT THE AMOUNT $2,914. 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: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev, Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES; Noe.
6
MAY 211976
411 WAIVE REQUIREMENT OF CONTRACT ENTS IOR DOUGLAS PARK IMPROVEMENTS WHICH
REQUIRE A FINANCIAL RATING OF +filiF\ DE POSSESSED BY THE INSURANCE CARRIER
ISSUING THE PERFORMANCE FOND AND INSURANCE,
The following resolution was introduced hv Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-538
A RESOLUTION WAIVING TEE REQUIREMENT OF THE CONTRACT DOCUMENTS
FOR THE DOUGLAS PARK IMPROVEMENTS-1976 WHICH REQUIRE THAT A
FINANCIAL RATING OF A+AAA BE POSSESSED BY THE INSURANCE CARRIER
ISSUING THE PERFORMANCE BOND AND INSURANCE FOR SAID PROJECT,
AND AUTHORIZING THE AMENDMENT OF THE CONTRACT DOCUMENTS TO
REQUIRE THAT THE INSURANCE CARRIER ISSUING THE PERFORMANCE BOND
AND INSURANCE FOR SAID PROJECT ONLY POSSESS A B:AA+ FINANCIAL RATING
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
42, 010E71151WEBEFONDATICN CO, FOR BELCHER PROPERTY PARK DEVELOPMENT -
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO. 76-539
A RESOLUTION ACCEPTING THE BID OF EBSARY FOUNDATION CO.
IN THE AMOUNT OF $185,000. FOR THE BELCHER PROPERTY - PARK
DEVELOPMENT; ALLOCATING THE AMOUNT OF $185,000. FROM THE
ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND
FUND" TO COVER THE PROPOSED CONTRACT COST; ALLOCATING FROM
SAID ACCOUNT THE AMOUNT OF $20,350. TO COVER THE COST OF PROJECT
EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $3,700. 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 Gibson, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
_ Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
MAY 271976
SET DATE FOR COMPREHENSIVE ZONING HEARING
After a brief discussion, the City Commission :agreed to conduct
Comprehensive Zoning Heaings at 4 P.M. on July 1.
44. CHANGE DATE OF FIRST COt?1ISSION MEETING IN JUNE TO DUNE 9, 1976.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-540
A RESOLUTION CHANGING THE DATE OF THE REGULAR CITY COMMISSION
MEETING OF JUNE 10, 1976 TO JUNE 9, 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: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
45, LTHORITY
T DATE FOR PUBLIC HEAD f�G ON THE PROPOSED BUDGET OF THE OFF-STREET PARKING
FOR JUNE 9, ly�b.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 76-541
A RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE PROPOSED
BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF
MIAMI, FLORIDA FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1976
AND ENDING SEPTEMBER 30, 1977
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
71
MAY 2 71976
461 ET DAtE.FOR PUBLIC HLARIN 041 E PROPOSED BUDGET OF GUSMAN HALL AND THE
LYMPIA BUILDING FOR JUNE J, l9fb,
The following resolution introrluvrd by Cotmritinionct Plti^?tf;t'r, who
moved its adoption:
RESOLUTION N0, 76-542
A RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE PROPOSED
BUDGET OF GUSMAN HALL AND THE OLYMPIA BUILDING FOR THE
FISCAL YEAR COMMENCING OCTOBER 1, 1976 AND ENDING SEPTEMBER
30, 1977
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote-
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
47, JEQUEST CJ,TY MANAGER TO CONSULT WITH !lORA,,SWAN IN AN EFFORT TO ASSIST WITH_,
IN HOUSE SERVICES IN CONNECTION WITH A BICENTENNIAL SPECTACULAR ON JULY SRD.
Ms. Nora Saran : The City of Miami Bicentennial Committee is planning
a major celebration for July 4, for the whole weekend, July 2, through July 4,
and we are trying to work this out asking for funds for the celebration. We
are afraid we we wouldn't get them anyway. There are certain things that
will have to be done. We are planning a parade on July 3rd. I gave out the
schedule.
Mr. Plummer: I make a resolution Mr. Mayor that the manager be instructed
to sit with Mrs. Swan for the purpose of trying to work out in-house services
for their week -end spectacular of July 3rd.
Mr. Andrews: While Mrs. Swan is here, I have reviewed at the Commission's
request that billing for $2700. I am sorry to say that I am only going to allow
$700.
Mayor Ferre: This is Mr. Dupree, who said he went to Italy and spent more
time and money than he intended to, was out $2700.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 76-543
A MOTION REQUESTING THE CITY MANAGER TO CONSULT WITH NORA
SWAN IN AN EFFORT TO ASSIST HER WITH "IN HOUSE" SERVICES IN
CONNECTION WITH A BICENTENNIAL SPECTACULAR IN MIAM1 ON JULY 3RD
Upon being seconded by Commissioner Reboso, the motion was
passed and adopted by the following vote-
AYES: Commissioner Manolo Reboso
NOES: None,
Commissioner J. L. Plummer, Jr.
Commissioner Rev, Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
72
MAY 2 71976
ADJOURNMENT:
There being no further b►tsiness to come befote the City Commission,
on motion duly made and seconded, the meeting was adjourned at:3:20 P.M,
ATTEST: H.D. SOUTHERN
CITY CLERK
RALPH G.ONGIE
ASSISTANT CITY CLERK
MAURICE A FERRE
MAYOR
CITY OF MIAMI
DOCUMENT
MEETING DATEt
IN
EX
•
• May 274 1976
ITEM NO
1
2
3
4
5
•6
7
8
9
10
II
DOCUMENT IDENTIFICATION
COMMISSION
ACTION
RETRIEVAL
__CODE NO.
COMMISSION AGENDA AND CITY CLERK REPORT
ACCEPTING THE COMPLETED WORK PERFORMED BY
ORLANDO MENDEZ, INC. AT A TOTAL COST OF
$83,870.02
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS, UPON
FIRST CONSULTING WITH THE ARCHITECT AND THE
CHIEF OF POLICE, TO REDUCE THE 10% RETAINAGE
TO 5% FOR THE MIAMI MODERN POLICE HEADQUARTERS
BUILDING.
ACCEPTING THE PLAT ENTITLED A.M.U. SUBDIVISION
A SUBDIVISION IN THE CITY OF MIAMI.
ACCEPTING A COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF
LANDSCAPING ALONG N.W. 35TH STREET
CONFIRMING THE ACTION TAKEN BY THE CITY MANA-
GER IN ENTERING INTO A LEASE AGREEMENT WITH
DADE COUNTY FOR THE LEASE OF A PORTION OF
CITY PROPERTY APPROXIMATELY AT 1150 N.W. 20
STREET.
APPROVING AND RATIFYING THE ACTION OF THE
CITY MANAGER IN ENGAGING THE SERVICES OF
R.W. BECK AND ASSOCIATES TO PROVIDE TECHNICAL
ASSISTANCE BOTH PRIOR TO AND DURING THE CUR-
RENT FRANCHISE NEGOTIATIONS WITH SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY, INC.
RATIFYING AND APPROVING THE ACTION TAKEN BY
THE CITY MANAGER IN THE SUBMISSION OF A
GRANT APPLICATION TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR A MIAMI
MANAGEMENT IMPROVEMENT PROGRAM.
AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO THE FEDERAL HIGHWAY AD-
MINISTRATION, DEPARTMENT OF TRANSPORTATION,
FOR A COCONUT GROVE BIKEWAYS DEVELOPMENT PRO-
GRAM.
AUTHORIZING THE ISSUANCE OF DUPLICATE TAX
SALE CERTIFICATES TO BRIAN WALLACE IN ACCOR-
DANCE WITH THE AFFIDAVIT APPLICATIONS MADE
THEREFORE,
ALLOCATING THE AMOUNT OF $3,500 FROM THE
ACCOUNT ENTITLED "POLICE AND CRIME PREVENTION
FACILITIES BOND FUND; TO COVER THE ADDITIONAL
COST OF THE SERVICES OF ALLAN POMS AT THE
MIAMI MODERN POLICE HEADQUARTERS BUILDING.
R-76-513
R-76-514
R-76-515
R-76-516
R-76-517
R-76-518
R-76-520
R-76-521
R-76-522
R--76-523
0048
76-513
76-514
76-515
76-516
76-517
76-518
76-520
76-521
76-522
76-523
DOCU'MENTi N DEX
CONTINUED
IM NO DO E DEN A ON
APPROVING A ONE (1) YEAR EXTENSION OF EMPLOY-
MENT PAST THE AGE OF SEVENTY-TWO (72) FOR
HARRY PEARLMAN, WATCHMAN, DEPARTMENT OF PUBLIC
FACILITIES.
WAIVING THE RENTAL FEE FOR THE USE OF THE
MIAMI STADIUM OF AUGUST 8, 1976 FOR A PUBLIC
CONCERT, SPONSORED BY THE MARANATHA ACADEMY.
WAIVING THE FEE FOR THE USE OF LEGION PARK
FOR A BICENTENNIAL DAY PICNIC AND BAZAAR, BY
MACTOWN, A DIVISION OF THE MIAMI ADULT CENTER
FOR THE RETARDED, INC., TO BE HELD OCTOBER 8,
1976
ACCEPTING THE BID RECEIVED FROM MASSEY-
FERGUSON, INC. IN THE AMOUNT OF $28,950 FOR
TH PURCHASE OF ONE USED FRONT END LOADER,
1974 MASSEY-FERGUSON MF 55.
ACCEPTING THE BID OF BISCAYNE CONSTRUCTION
INC. IN THE AMOUNT OF $36,700 FOR THE ORANGE
BOWL -WATER IMPROVEMENTS-1975,
ACCEPTING THE BID OF THE LOWELL DUNN COMPANY
IN THE AMOUNT OF $145,700 FOR THE VIRGINIA
KEY FILL -PHASE II-1976.
WAIVING THE REQUIREMENT OF THE CONTRACT DOCU-
MENTS FOR THE DOUGLAS PARK -IMPROVEMENTS 1976
WHICH REQUIRE THAT A FINANCIAL RATING OF
A+AAA BE POSSESSED BY THE INSURANCE CARRIER
ISSUING THE PERFORMANCE BOND AND INSURANCE
FOR SAID PROJECT.
ACCEPTING THE BID OF EBSARY FOUNDATION CO.
IN THE AMOUNT OF $185,000 FOR THE BELCHER
PROPERTY -PARK DEVELOPMENT
CHANGING THE DATE OF THE REGULAR CITY
COMMISSION MEETING OF JUNE 10, 1976 TO JUNE
9, 1976
PROVIDING FOR A PUBLIC HEARING ON THE PRO-
POSED BUDGET OF THE DEPARTMENT OF OFF-STREET
PARKING OF THE CITY OF MIAMI.
PROVIDING FOR A PUBLIC HEARING ON THE PRO-
POSED BUDGET OF GUSMAN HALL AND THE OYMPIA
BUILDING FOR THE FISCAL YEAR COMMENCING
OCTOBER 1, 1976
ACTION CODE NO._ _
R=76-524
R-76-527
R-76-528
R-76-534
R-76-536
R-76-537
R-76-538
R•-76-539
R-76-540
R-76-541
R-76-542
76-524
76-527
76-528
76-534
76-536
76-537
76-538
76-539
76-540
76-541
76-542