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Home My WebLink AboutCC 1976-06-17 Minutes'TY OF MIAMI 1 NcoHI'►►H.\TEU 18 � 96 ISSI O N TES OF MEETING HELD ON JUN 1. 71976 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. QNGIE ASSISTANT CITY CLERK ITEM NO. SUBJECT Ogemessatiossegam 1. 2. 3. 4. 5. 6. isk 7. 8. 9. 10. 41111 11. 12. 13. 14. 15. 16. INDEX MINUTES OF REGULAR MEETING CITY CORMISSION OF MIAMI, FLORIDA ORDINANCE OR RESOLUTION NO. PAGE NO. ACCEPT COMPLETED WORK - FRENCH DRAINS AND DITCHES, COVERED DITCHE::, ACCEPT COMPLETED WORK - SR 5385 C&S - Bid "B" APPROVE IN PRINCIPLE - r LA.tiNED USE REPORT Federal Revenue Sharing Funds - $4,318,522 DISCUSSIO1 - STATUS OF EThP L!)YEES under MANPOWER Program after funds have been exhausted and order termination notices to affected emplo,rees SPECIAL ITEMS - Proclamation,:, certificates of Appreciation c,tc. WAIVE RENTAL IT,ES - Bayfront Park Auditorium "Puerto Rico Day in Miami" - July 25, 1976 PERSONAL APPEARANCE - DELEGATION OF PERSONS pretesting -H eged plan to close Swimming Pools and non-quallfied lifeguards etc. CEN'TRAI. SHOPPING PLAZA - Request for additional opening in wall on N. W. llth Street RICK SISSER - Personal Appearance Thanking him for accomplishments in Legislative Programs in Tallahassee U.D.A. Prone Lional Program for proposed constitutiona amendment -- TAX EXEMPTIONS AND ASSESSMENTS at less than full just valuation for purposes of Community Development AMEND SECTION 13-6 OF THE CITY CODE - Providing that the MAYOR mEL relinquish CHAIRMANSHIP of the D.D.A. and providing for appointment of other members DISCUSSION ITEM- Public Projects using non -union construction workers REQUEST FOR VARIANCE - Lots 8-9-10-11-12 proposed BURGER KING Restaurant Grand Avenue DISCUSSION ITEM - Items to be placed on FALL ELECTION BALLOT - deadlines for submission JOHN S. LLOYD DAY IN THE CITY OF MIAMI MARTIN YELEN - Personal Appearance Motion of Intent - funding of $15,000 for Dade County Citizens Safety Council R76-593 R76-594 R76-595 DISCUSSION M76-596 DISCUSSION M76-597 M76-598 M76-598A First Reading DISCUSSION DISCUSSED & DEFERRED DISCUSSION R76-599 M76-600 1 2 2=3 3=5 5 6 6=7 7=20 21 21=23 24=25 25=26 27=31 32=33 33 33=34 • IX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT 17, CONTINUATION OF MINUTE item 13 - proposed BURGER KING Restaurant - Grand Avenue 18. Personal Appearance - DR. BENES University of Miami School of Architecture presentation of plan for recommendations for the development of Biscayne Boulevard etc. 19. NEW BASEBALL STADIUM - City Manager to study concept of a new stadium near the Orange Bowl; Create citizens advispry board to recommend 20. COCONUT GROVE MARINA PROPERTIE Authorize Ciy ManagEr to evaluate proposals DISCUSSION 11110 SOUTHERN BELL TELEPH!'7E COMPANY- FRANCHISE ')ISCUSSION 22. ADDED NAMES TO THL NI iE•;[3ALL (•OMMITTEE ORDINANCE OR RESOLUTION NO. DENIED by M76••-601 M76-602 M 76-603 23. RETIREMENT :SYSTEM, - t of icon o: intent to approve plan to acquire LIABILITY INSURANCE 1 76-605 24. DISCUSSION - LAWSUIT AGAINST CITY BY PENSION SYSTEM 1aSCUSSION 25. REQUEST BY RETIREMENT SYSTEM TO ENGAGE BANKERS TRUST FOR CUSTODIAL CERVICES OF SECURITY PORTFOLIO M76-606 26. PROVIDE PRESENT MEMBERS OF THE RETIREMENT PLAN employed as Laborers, Watchmen or Custodial Workers may buy back creditalle service etc. 1st READING PROVIDE FOR APPOINTMINT OF JOSEPH GRASSIE AS CITY MANAGER effecti.' e 5 P.M. JULY 30, 1976 AND PROVIDING, FOR EMELUMENTS OF OFFICE R76-607 28. AWARD BID - I'ICINERA7 OR TILES 29. 'DISCUSSION OF ALLOCA'.ION OF FUNDS CITY SHARE OF "PEOPLI MOVER SYSTEM" DISCUSSION 't76-608 - 30. 31. 32. 32."A" REIMBURSEMENT FOR PA'MENT OF SERVICES RENDERED BY THE CITY IN PROVIDING AMBULANCE SERVICES DURING STRIKE MAYAN INDIANS HANDICLAFT SALE - BAYFRONT PARK June 23 WAIVE FEES i'OR USE OE SAWYER PARK Tenant Assu • i ition o ' Miami Community 1b,Ised prog -ams in the Area MOTION OF IN': E;NT- us! of BASEBALL STADIUM by Firefighter!: un June 30 1976 & WAIVING FEES ti76-609 DISCUSSION •+176-610 M76-611 PAGE NO, 34=39 40=45 46=52 52=57 58=83 83 83 84 84=87 87=90 92 93 93 93=94 94 95 95 ITEM NO, SUBJECT MINUTES OF REGULAR MEETING CITY CO'9ISSION OF MIAMI, FLORIDA ORDINANCE OR RESOLUTION NO. PAGE NO. 33. 34. 35. 36. 37. 3E,P" 39. 40. 41. 42. 4� 44. 45. 46. 47. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT DADE.COUNTY FOP. DEVELOPMENT OF HOUSING FOR FAMILIES OF LOW AND MODERATE INCOME IN THE CITY ALLOCATE FUNDS EXPENSES IN CONNECTION WITH PUBLICIZING HOUSING BOND ISSUE WAIVE RENTAL FEE FOR USE OF MIAMI MARINE STADIUM JULY 24 and 25 BICENTENNIAL ROWING REGATTA AUTHORIZE PAYMENT OF $700.00 city share of costs- MUSICAL "1776"-Gusman Hall APPROVE PROPOSED ROUTE OF PROPLE MOVER SYSTEN IN DOWNTOWN AREA CONFIRM RESOLUTION AGREEING TO BREAKDOWN OF FUNDING PEOPLE MOVER SYSTEM - 3v, ASSESSMENT CONFIRMING I EEOLUTION - Thanking persons,c•ommitLees who worked on TAX ABATEMENT LEGISLATION CONFIRMING RESOLUTION - Waive rental fee for use of Bayfront Park Bandshell - JULY 3 CELEBRATION CONFIRMING RESOLUTION - CHANGE DATE OF MEETING to JULY 1, 1976 CONFIRMING RESOLUTION - WAIVE RENTAL FEE FOR USE OF ROBERT KING HIGH PARK Boy Scouts of America Tequesta District WEBELO DAY AUTHORIZE BUILDING DI:2ECTOR TO ISSUE COMPLETION PERMI 4 story 12 unit proje:t- 1736 S.W. 19 Street Appoint DIANNE SMITH is member of the OFF-STREET PARKING BOARD AUTHORIZE EXPENDITURES $2, 000 `Travel expenses of member of Retirement SYSTEM to attend coEference in San Francisco AUTHORIZE EXPENDITURE $1,200 Travel Expenses for member of Retirement PLAN to attend con.erence in San Francisco AUTHORIZE EXPENDITURE OF $900.00 Travel Expen!;es for Legal Advisor to Board of Trustees to .intend ccnference in San Francisco 48. MOTION OF I N': L:• T to aesignate TRUSS, DR. DOR.SETT AND DR. DAWSON to mec.: with represent.at- .: ives of the UNIVERSITY OF CHICAGO to evaluate tests is administered for ent rance examinations ti1 49. PROPOSED CltA'!'}'ER AMENDMENT - Referendum Election 4 a September.? ; - Salaries of MAYOR ti COMMISSIONERS 4 €: R76-612 R76-613 R76-614 R76-615 R76-616 R7.S-617 R76-618 R76-619 R76-620 R76-621 R76-622 R76-623 R76-624 R76-625 R76-626 M76-627 M76-628 96 96 96 97 97 98 98 98 99 99 100 100 100 101 101 102 102 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO. PAGE NO. 50. 51. 52. 53. 54. 1110 • 0 LOBSTER FISHERMEN - Contact appropriate officials RE: Conditions being imposed as condition to obtain financial assistance REFERENDUM ELECTION - September 28, 1976 $45,000,000 CAPITAL IMPROVEMENT BONDS REQUEST TO NAME FORMER RIVERSIDE BAPTIST CHURCH PROPERTY IN H f 0P OF MANOLO GIHERGA APPOINT FRANK H. WESTON, ACTING CITY ATTORNEY INTRODUCTION OF VR. DEI.N MIELKE, new Labor Negotiator for the City of Miami ADJOURNMENT M76-629 M76-630 4/ 7t 6 3' REFERRED TO MEMORIAL COMMITTEE t176-631 103 103=104 104 105 110 • MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * ON THE 17TH DAY OF JUNE, 1976, THE CITY COMMISSION OF MIAMI, ;WRIRIA MFT AT ITS REGULAR MEETING PLACE IN THE CITY HALL, UO VAN AMERICAN DRIVE, MIAMI, FLORIDA IN REGULAR SESSION. THE MEETING WAS CALLED TO ORDER AT 9eg O'CLOCK A.M. BY MAYOR MAURICE A. 1-ERRE WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUNQ TO BE PRESENT: LOMMI SS IONEfj M NO 0 REBOSO COMMISSIONS J. . FLUMMER, .JR. COMMISSIONE (KEVk TH ODORE GIBSON VICE-lAYOR KOSE (jORDON ALSO PRESENT: P W, ANDREWS, CITY MANA ER A. P, LRO CH ASSISTANT ITY MANAGER JOHN S. LLOYD, LITY CITY HI DA SOUTHF�RN, CITYCLERK RALPH b. UNGIE, ASSISTANT ITY CLERK AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG. A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED AND SECONDED AND WAS PASSED UNANIMOUSLY. 1, ACCEPT COMPLETED WORK - FRENCH DRAINS & DITCHES, COVERED DITCHES Mr. Plummer: Good morning. Rose, I went ahead and opened it up so you can proceed from there towards item 2. Mrs. Gordon: Good morning, ladies and gentlemen, good morning, my fellow Commissioners. The Mayor will be a few minutes late but not very long so we're just going to take up a few routine items until 11/ he gets here. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 76-59 3 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P. CORPORATION, AT A TOTAL COST OF $152,457.75, AND AUTHORIZING A FINAL PAYMENT OF $15,009.08. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer , the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon. NOES: None. ABSENT: Mayor Ferre -. 111 n11 71976 ACCEPT COMPLETED WORK - SR-5385 C&S BID "L'" The following resolution was introduced by Commisslottet l'Iu tflt't Mover) its adoption: RESOLUTION NO. 76-594 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY ANZAC CONTRACTORS, INC., AT A TOTAL COST OF $291,100, AND AUTHORIZING A FINAL PAYMENT OF $29,650. (Hare 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. Plummer, Mr. Reboso, Rev, Gibson, Mrs. Gordon. NOES: None. ABSENT: Mayor Ferre. who APPROVE IN PLANNED USE REPORT - FEDERAL REVENUE SHARING FUNDS 3, PRINCIPLE $4,518,522, Mr. Andrews: (Reads the Resolution). This, once again, does not bind the Commission in any way. It merely starts the public process although we have reasonably tracked, in an equivalent fashion, the expenditure of Federal. Revenue Sharing Funds from the current year to this Planned Use Report. Mr. Plummer: I'll move it. Rev. Gibson: Second. Mrs. Gordon: Alright, it's been moved and seconded and on discussion, as a point of information, can you bring us up to date as to the extension of the Federal Revenue Sharing i tuation with regards to Washington. Mr. Andrews: This; matter has been looked upon favorably by Congress and at this moment in time, I believe the bill is before the President to act upon and it would be an extension for an additional three and a half years monies would be put into trusts. In other words, another 7 entitlement periods of 6 months each and the level of funding, as I understand, will remain the same although I. have been reading some periodicals and a news media that there is potentiality that that bill provides for a slightly larger share of Revenue Sharing Funds. I'm attempting to solicit this from our man in Washington and we should know in the next few weeks. Mrs. Gordon: It has passed the house. Mr. Andrews: Yes. Mrs. Gordon: Has it also passed the Senate? (INAUDIBLE) Mr. Andrews: Right, it is our understanding that it has been approved by both the House and the SEnate and he's awaiting the signature of the President. Mrs. Gordon: Alright, thank you. Any discussion from anyone else? Ca11 the roll, please. JUN 17197 The following resolution was introduced by Commissioner Pluimtet $ *AO moved its adoption: RESOLUTION NO. 76-595 A RESOLUTION APPROVING IN. PRINCIPLE THE PLANNED USE REPORT FOR ENTITLEMENT PERIOD 7, JULY 1, 1976 - DECEMBER 31, 1976, FOR THE EXPENDITURE OF FEDERAL REVENUE SHARING FUNDS IN THE AMOUNT OF $4,318,522; AND FURTHER AUTHORIZING THE CITY MANAGER TO HAVE THE PLANNED USE REPORT PUBLISHED AND SUBMITTED TO THE FEDERAL GOVERNMENT BY JUNE 25, 1976, AS REQUIRED BY FEDERAL REVENUE SHARING LAW AND REGULATIONS. (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. Plummer. Mr. Reboso, Rev. Gibson and Mrs. Gordon. NOES: None. ABSENT: Mayor Ferro. STATUS OF EMPLOYEES UNDER MANPOWER PROGRAM 4, DISCUSSION ITEM: AFTER FUNDS HAVE BEEN EXHAUSTED AND ORDER TERMINATION NOTICES TO AFFECTED EMPLOYEES Mr. Plummer: Mr. Manager, let me ask a question and it's been asked of me and I'm sure of others. We ha\.e a great number of temporary Manpower people. These monies, as we understand, have been transferred and have been extended from June let to October 1st. The immediate question that most of these people have is, will they have a job after October 1st. Mr. Andrews: Only where we can absorb those people in through the City Govern- ment based on the number of vacancies and positions that we might be able to transfer them to. It must be recognized that when they accepted employment in this basis that this program was funded through the Federal Government, the objective of the program was to bring these people in, train them, educate them, introduce them to new vocations, new job situations and they are with the City on a training basis and there is no firm commitment that they will have continuous employment with the City but we made every effort to try to employ and transfer people from Manpower positions to permanent positions and that program has been reasonably successful but I think we would be doing them an injustice to embellish this area with any thought that there was hope that all of them would be absorbed into the City Government -that won't be possible. There are some 500 positions in round numbers and our current vacancy rate is somewhere in the vicinity of 200 positions and you will recognize that the City, over the last half dozen years, has been taking advantage of a certain vacancy rate in order to fund the budget the way we have. In other words, we anticipate that there will be about 200 vacancies every single day out of the nearly 4,000 positions we have and so we don't budget for those vacancies. In other words, we don't create any surplus funds because we'd be taking it from the taxpayers to do so so we subtract out that and reduce the budget by the euantity so while the vacancies exist, it will even be hard for us to fill those and keep a balanced budget so I'm not going to give them too much hope with this thing. Mr. Plummer: Weli the question that I'm trying to get at is, Paul, if I use your figures of 500, and I think it's over that but let's use that for argumen- tive sake, does that mean right now that you're looking at conceivably October 1st, about 300 of the Manpower people will be dropped, that the funds will not be available. Mr. Andrews: Yes. If funds were shut off and they were not available, yes. Mr. Plummer: What is your outlook? Are they going to be shut off? ,1UN 171976 Mt. Andrews: Yes. There would be no *Aay fot the City Government to absorb them, absolutely none. Mr. Plummer: Now let me ask about one particular program, the PSA program. Can you answer that? Mr. Andrews: Ye!,. WE have jest received an additional extension. I don't have the dates but I'm going to be reporting to the Commission and that seems, at this time, reasonably in tact but I'll be reporting more fully. Mr. Plummer: Under City funds or Federal funds? Mr. Andrews: T.1;AA Funds. Mr. Plummer: And what about the Park Rangers? Mr. Andrews: Well the Park Rangers are mostly part of the Manpower program and that program we would have to adjust with it and principally it would suffer a certain loss of people because of the fact that they are part of the Manpower program. Mr. Plummer: So what you're really saying then is approximately 200 will he absorbed into the-eguiar City. Mr. Andrews: No, 1 don'twant to hay that. Mr. Plummer-: Alright, what do you want to say? Mr. Andrews: What I'm saying is there's 200 vacancies but we have consistently budgeted, we have not budgeted those funds where we know there are going to be vacancies. The daily vacancy rate on an average is about 200 everyday so we do not budget those funds, we reduce the budgetary requirements on the people of Miami by not providing those funds so while the vacancy is there, the money to pay for that vacancy is not and while we might absorb some of those through the system, we certainly can't come Lnywhere near absorbing 200. Mr. Plummer: Okay, what has been done to the individual employees? Have they been, other than the fact that they knew they were temporary, has there been any notification ;riven to them that they most likely will be terminated October ist? Mr. Andrews: I have to trust my memory in reference to the many memorandums that we've written to Manpower employees and I don't want to say it on the record for certainty but that's an area, if it has not and I feel certain it has, should be attended to now so those employees know where they stand. Mr. Plummer: Well that's the point. They now have June, July, August, September, they've got three months at least of notification to start looking for something else. Mr. Andrews: Now you should be aware that we've employed a system about 4 or 5 months ago wherein for every reduction of 4 people in this system, we have replaced 1 because of the time constraints so the numbers we have are constantly being reduced in this area. Mr. Plummer: Well the only fairness that I want to drive across is that these employees have a right to know and they have a right to know and I think that you should notify them, you or your Administration, that the refunding, as of October lst, doesn't look promising and that they should be looking for other employment. Mrs. Gordon: 1,1r. Andrews, on behalf .,f the City, I attended a special steering committee meetine, in De,rcit ias= week, as you know, which was related directly to employment r:ud supplemental job security and in the discussions that took place there, the subject of the renewal of the CFTA funds, which is the monies that you're talking about right now, were not yet definitive, however, the of opinion, there were representatives there from Washington, the discussion related to the fact that the probability was that it would a year's renewal, not a three month extension which was very unrealistic. In addition, conversation went along the lines that the CETA or Manpower funds, which is Title VI as I understand it, has some relationship and can, in some cases, we can utilize, there's another title, Title II that is related, a funding source, JUN 171976 ., L,i so there is a strong possibility that it isn't as shocking a situation as it seems to be that we're going to put 500 people out of work on October lst. Mt. Plummer: Rose, I'm sure you're office as well as mine is plagued with calls from people who don't know what's happening and they have a right to know. Mrs. Gordon: It's strange but it's true that Washington keeps us in limbo, waiting breathlessly to see what they're going to do but you generally come through with some relief at the last minute and I think we'll have that relief in this area. Mr. Andrews: Mrs. Gordon, what I think we'L1 do is when, and I'm fairly sure we've communicated but maybe it's worth communicating again with this kind of information and indicate to the employees that if, and bring that out very strongly, IF certain things do not occur, then these will be the results and then if they should, this would be the other result. Mrs. Gordon: Also, how many of them could he transferred under Title II, some of them can. Mr. Plummer: Once again, I just think that some information should be given and these people should not be kept in the dark and I'm hoping something will be sent out as soon as possible by you informing these people of the status. Take into consideration Mrs. Gordon's comments, any comments that you want but at least let these people know, I think they're entitled to that. MrH. Gordon: Thank you, J. L. for bringing the subject up; NOTE: (THE MAYOR ARRIVED AT THIS TIME 9:22 AM). PROCLAMATIONS, PLAQUES, CERTIFICATES OF 5, SPECIAL ITEMS: PPRECIATION ETC, A. Presentation to the Mayor by Mr. Rogelio Planas of Boy Scout Troop #223, and Mr. Ron Filipo. B. Presentation of Resolution to the Honorable Arden Siegendorf, naming the bicycle path through Coconut Grove to the Rickenbacker Causeway "The Siegendorf Bicycle Path." C. Presentation of Plaque to Lt. Alexander S. Gurdak, Department of Police, upon his retirement after 26 years of service with the City of Miami. D. Presentation to Mr. John Lloyd, City Attorney, upon his retirement. E. Presentation of Plaque to Sgt. Ralph V. White, Department of Police, upon his retirement after 32 years of service with the City of Miami. F. Presentation of plaque to Mr. Willie Bable, Department of Public Works, upon his retirement after 32 years of service with the City of Miami. G. Presentation of Commendation to Mr. Norman Wright, Student Intern in the Mayor's office, for his dedicated service. 14. Presentation of Puerto Rico day in Miami Proclamation to Mrs. Alicia Raro and Mr. John Berrios. I. Presentation of Key to the City of Miami to Ms. Robin Meredith, Assistant to the Producer, and Mr. Stewart Beveridge, Producer of "Joe Panther", a new feature film being filmed in Miami. JUN 171976 61 WAIVE RENTA $EES PUERTO RICO 1Y IN MIAMI tAYFRONT PARK AUDITORIUM JULY 251 1976 Ihe following motion was introduced by Commissioner Cordon Who shoved Its adoption: MOTION NO. 76-596 A MOTION OF INTENT TO WAIVE RENTAL FEE FOR USE OF BAYFRONT PARK AUDITORIUM ON JULY 25, 1976 FOR PUERTO RICO DAY CEREMONIES Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. PERSONAL APPEARANCE DELEGATION OF PERSONS PROTESTING ALLEGED PLAN TO CLOSE SWIMMING POOLS DURING CERTAIN PERIODS & COMPLAINT OF NON -QUALIFIED LIFEGUARDS Mayor Ferre: Mr. Andrews, we've got some children and some people here with regards to the matter of pools and the availability of the city's pools for the summer, and I think it's quite obvious that they're here protesting the closing of the city pool. There is a statement here --- since this is not a public hearing, let me just read it on their behalf, perhaps you can answer it and they can either sit dawn or go home. But, let me read it. "We oppose to the closing of the City of Miami Swimming Pools in an ill advise effort to save money and let the majority of taxpayers of local families. The City Fathers are planning to close the city's swimming pool three months of each year and the remaining nine months operate the pools with inexperience part-time, non -qualified help. Instead, of the present professional qualified and experience career staff now in use. Property owners an residence of our city should be aware that the quality of life in any city is directly related to good recreational facilities and attempts to channel money away from these activities should be met with strong objections and voice to the C.i':y Commissioners who are the people's representatives. Rather than restrictive activities it would be to the advance of the citizenry to have r_he city expand them by upgrading and modernizing the pools. Yet, in the past they'vd use recreational bold money to build things like a yacht base and a swank restaurant which only the select few wealthy millionaires can afford and these projects lose many thousands of taxpayers dollars for the city each year. Each year in Dade County there are uncounted number of people who are drowned or seriously injured while using hotel, motel, and other pools which are for the most part operated by unqualified personnel. The City of Miami pools are now end have been staffed by qualified and profess- ional career operaters and lifeguards dedicated to the safety and welfare of our youngsters and oldest alike and there safety records are a matter of record and are unmatched. Miami Is your city, it's your neighborhood and it is your pool. Do not let the city downgrade them by short sighted policies. Demand that recreational bond money(your tax dollars) be properly used to renovate, modernize, and upgrade your neighborhood pools, instead of being swandered on more white elephants as has been done in the pass. Demand that your pools be staffed with career lifeguards and qualified personnel. Demand that they be kept open the year around. It is ashame for the pools to be closed since there was a ten million dollar bond issue passed two years ago." Mr. Andrews, do you want to respond and adciress, that issue and then see what the. Commission ---? Mr. Andrews. Alright. First of all, closing of swimming pools is not an administrative policy matter. It's one of the Commission setting a policy. We have not presented to the Commission the final recommendations of the city administration. And, a;, 1 indicated to you at the last meeting when this matter was brought up through the General Employees that association. That we were taking all of this under advisement. This was still under study. The pools are not now closed. We do not plan to close the swimming pools during the summer months. A program that we will submit to the City Commission will be a sensible program in light of the funds that we have to operate the pool. They will not go unattended with the proper kind of life safety equipment and personnel. This is too great a risk area to put anyone but the most competent people that JUN171976 we can find.'And by the most competent I mean they have to have the qualificat- lone to maintain a lifesafety in our pool system. I'm not prepared to tell the Commission about a final recommendation but when we do the City Commission will be in a position to assess how long we should or should not keep the pools opened or closed and we will not do this automatically .If it's necessary r the Commission feel& a public hearing is necessary that's the course of action that we will assist in. Mayor Ferre: Well, now Mr. Andrews, as I recall. I sent you a memorandum asking for a public hearing on this item before we finalize on it. Ladies and gentlemen that are here on this subject I'm sure I speak for the Commission. They of course, can say whatever they want to on their own, but in the interest of time let me assure each and everyone of you that nothing will be done on this until we have a full public hearing so all of the facts are discussed. You will have the opportunity to express your opinion and I think you can rest assure that this City Commission is going to act reasonably, responsibly and I think that you, I hope. that you feel like we do that this Commission has in the past been responsive to the will of the people and responsible in the way we've operated and set the policies for the city and just have a little faith in us and you will be part of the process and we will let you know in plenty of time and we will see you at that time in the public hearing. IN the meantime, go back to the pools and enjoy them until the public hearing. May God speed. (applause) Ok, now, the next thing is the presentation by Rick Siseer, but Rick I'm going to ask you to hold back on that because you're one because there are people here on many other subjects which I think we ought to try to get through. REQUEST FOR ADDITIONAL OPENING IN WALL 8, CENTRAL SHOPPING PLAZA ON N. W. 11TH STREET Mayor Ferre: This is a public hearing. We will first have a presentation from the Administration. Then we will have questions from the Commissioners and we will have a discussion. Then I will recognize the members of the public who wish to he heard. I'm an old hand at this -- I want to give you some advice for free. Sometimes the briefer you are the better you make your point. If somebody has already said something there's no use in repeating it five. time. Repeat it once or twice maybe, three times. When you get to repeating the same thing the fourth, or the fifth, or the sixth, or the seventh time, what happens is it loses it's impact. So, get a few spokesman come out strong. Mr. Bob Davis: Well, I really can't speak for anybody, but I will bring it up to date Mr. Mayor and Commissioners. In August of 1974, a group went before the Zoning Board to get an approval to have a bank building constructed to the Central Shopping Plaza. In conjunction with this hearing they were granted the recommendation to this Commission subjected to many conditions including which would he a wall around the outside of the --- The Toning Board permitted an opening on N.W. llth Street. 9-12-74 this came before the Commission as required by law for approval change to shopping plaza'a. The Commission granted the approval to put the bank structure in the Central Shopping hut attached even more conditions to the situation including closing of the opening through the wall on theNorth side of the property to N.W. IIth street and allowing only access to the north through 37th avenue. So at this point the wall has been constructed and there is no access to N.W.11th Street or anyplace to the north except onto N.W. 37th Avenue as provided for by this Commission. A little while ago people interested in opening this wall wrote a letter to the City Manager asking for a personal appearance before the City Commission to see if you could re-consider•this resolution that you wrote closing this wall. This was advertised and brought forth in public hearing today for your re -consider- ation a Resolution 74-970 , which granted the permission to have this bank in Central Shopping Plaza attaching several conditions including the closure and keeping closed of the wall on N.W. llth Street. Mayor Ferre: Any there any questions at this time as to what the opposition is and where we stand? Mr. Plummer: The oniy thing I'd know Mr. Mayor is how did this thing get back and forth? Mayor Ferre: It came back before us because there were a lot of complaints by citizens with regards to getting back to the licensing bureau and a lot of people couldn't find it ( and there's only way to get in there and as I understand it the licensing people were thinking of moving out of the plaza because they were JUN 171976 having trouble, which of course, I'm sure the neighborhood would like very much to have them move out. Che residence of Miami would then be deprived of easy access. Sergi, it's the Ram.' old story and I'm not saying which side I'm on because I haven't decided yr•t. But this is the eternal conflict between the rights of neighborhhods and people to live in peace in an area, and God knows in Grapeland Heights has enough problems with the airport being right close by to have additional burdens put on them. (applai,se). Now, on the other side of the issue is the question of the welfare of the r:o;munity as a whole (applause). L want to tell those of you so that you'll have a little sympathy for us as you go by. There isn't a Commission meeting held in these chambers where we don't have this problem. Usually it deals with Coconut Grove and Coconut Grove is every month, there's something that the people of Coconut Grove don't want which might be good for the community of vise versa, so the eternal conflict of the rights of people to live in peace in their neighborhoods vs. the general welfare of the overall public. And, what we try to do here is we always try to find a middle ground, a compromise if possible. And if it isn't possible then we have to make the hard decision whether or not we're going to vote with the neighborhood for what the neighborhoods wants or whether or not we're going to vote with the aommunity at large for the welfare of everybody. Now, usually the determining factor so as you talk you'll keep this in mind. The determining factor is are there alternatives that are acceptable? If there are alternatives that are acceptable usually -then this community odds for the neighbor- hood and we find the other alternative solution. If there are no alternative solutions then we have to think very large and long about whether or not we protect the rights of all and sometimes the neighborhoods end up loosing and I hope you'll bear this in mind as we go through this process, so let's go into the questioning. Mx. Bob Davis : technically, Mr. Plummer to answer your question this got before the Commission through a personally ,appearance before you about two meetings ago, which this group ,+liked that tiri:; be re-oppned and you said let's have a public hearing. Mr. Plummer: Alright., but the point that I'm trying to get at I guess is a kind of legal technicality than anything. As I recall when permission was given for the bank to constructed. One of the conditional uses placed upon that was a closing of the wall. Now, if I understand correctly at this public hearing we cannot change that. Mr. Bob Davis 1 believe this would be up to the law department, because I believe you can change the resolution Mr. Plummer, you can revise the resolution. Mr. Plummer: Alright, I'm just asking for legality because as I understand the law we could not make any changes today, it would have to go back beforethe Zoning Board from whence it came. Mr. Bob Davis it the conditions were put on by this Mr. Plummer put on by the Commission, this came up to the Commission with an opening in the wall. The Board only made a recommendation on this item. This is a situation that the Commission has final approval on. It just a matter of revising the resolution itself if you so wish. Mr. Plummer: Alright. Mr. Bob Davis : You put the conditions ---- Mr. Plummer: Ok, fine. Let's go from here. Mayor Ferre: Alright, are there questions on this item? Mr. Andrews: Unless the Commission wants to puruse.this. Perhaps you want to get a statement from the opponents for opening the wall as a necessity to do so. Mayor Ferre: For the proponents? Mr. Andrews: Yes. Those who have petitioned the Commission a few meetings ago for the opening of the walland the reasons for that so that you can arrive at whatever decision you wish. Mayor Ferre: Alright, Mr. Plummer. Mr. Plummer: Paul., as I understand it, there's been a new traffic light put near the intersection of 37th Avenue and llth Street. Is that correct? JUN 17197E Mr. Andrews: yes. Mr. Plummer: And that is an opening °VVet there for egress and ingress. Is that correct? Father Gibson: There's no opening there now. Mr. Plummer: No, no, on 37th Avenue. Alright, is there anywhere else presently, besides coning in from 7th Street, is there any egress on 39th Avenue or llth Street now? Mr. Bob Davis: This is from memory Mr. Plummer. There's none on llth Street, There may be one on 39th Avenue toward 7th Street to facilitate the bank drive-in at that point. Mr. Plummer: Was that part of the bank resolution? Mr. Davis: Yes sir. Mr. Plummer: That they have that right to do that. Mr. Davis: Yes sir, I'll check on the plan here in a moment... Mr. Plummer: Alright, in other words what we're saying is who else is affected on the backside except the driver's license people; they're the only ones affected. Mr. Andrews: I think so. Mr. Plummer: In otter words, there is access through Douglas Road for the trucks and everything to service the stores. Mayor Ferre: While we're doing that, Bob, let me for the record, read into the record the petition. Alright. ladies and gentlemen we apologize. I'd like to make sure that this doesn't happen because you don't know what's going on but that's while I stopped it. We'll do it on the record in a moment. Now let me read the petition tha' was signed and in answer to Mr. Plummer why we're having a public hearing and it reads as follows: "We the undersigned in the interest to the public, and general under the business located in Central Shopping Plaza located at N.W. 37th Avenue & 7th Street, Miami, Florida do hereby petition the City of Miami for the following cause, providing an egress to N.W. llth Street at the rear of the Central Shopping Plaza to accommodate to waive equally movement requirement access to the rear cf the shopping plaza. This equally accommodation will afford the general public an egress other than the conjusted area N.W. 37th Avenue & 7th Street. Our particular interest is the general public requiring the services of the Divicion of Driver Licenses in one form or another, which involves approximately 500 persons daily. The vehicles transporting this public must face the often extreme traffic hazards of the afford mentioned egress. The public requiring the services of the Division of Driver Licenses also provide the business of a shopping plaza, a certain number of customers, without which it is also a cause of concern. It has also come to our attention tliat a Division of Driver's Licenses cannot operate in a manner considered of the best interest of the general public. Then the agency must re -locate to an area where it may do so. The area which this agency is reportly considering re -locating to is approximately N.W. 157th Street & LeJeune Road which in itself is not considered to be of the best interest to the residence of Greater Miami and then it is signed by a series of people.' Now, let me ask so we can get an idea and I want to forewarn you that we don't vote on this Commission depending on how many people attend these public hearing. So that is not the purpose of this but just so that we have a general understanding of who's for and who's against. Those who are for this petition(that is the opening of the shopping center, the egress) would you raise your hands please. (for). I would like to know those of you that have raised your hands, how many of you actually live. In the City of Miami. Raise your hands, just those of you that live in the city. if you don't live in the city I don't want your hands up. Alright, now, put your hands now. Now, I'd like to now how many of your live in the vicinity of the shopping center who are for.(in the vicinity that means a couple of blocks, four or five blocks around). Ok, now put your hands down. Now how many of you actually face the property, or within a half a block, or one block that are for opening it. People who are for the opening that live right across the street from the shopping plaza. (should I say it in Spanish) Spanish --- how many of you (one, two, three) three ok. Now, put your hands down. On the other side, how many of you are opposed to the opening? How many of you that are opposed live in the City of Miami?? HOw many of you that are opposed that live in JUN171976 r 40 the City of Miami that live in the neighborhood? And how many of you that are opposed that live in the neighborhood that live right in front of the parking lot there-- the shopping central, right in front? Alright, now you see --now you see what the problem. Well, they're entitled just as much as you are to their poslton. Now, how many of you wish to speak in favor of raise your hands. How many speakers today in favor for(one, two,--•--five---ten speakers) ten speakers, is there a spokesman in this group? Alright, who is the spokesman-- raise your hand? We got three spokesman. F,lrig:it sir now on the other side. The other side really has the following petition: "We the undersigned residents of Grapeland Heights who live in the Immediate area of the Central Shopping Plaza are strongly opposed to the making of a drive-in entrance and exit to the presently constructed new wall surrounding the Centrai Shopping Plaza, namely N.W. llth STreet S 39th Avenue". And, it is signed with as many signatures are the other one. Alright. Now, how many of you that are opposed would like to speak today? Slat. Now, may I ask you do you have any spokesman? Have you selected any spokesman. We have two spokesman on this side and we have three spokesman on this side. Let's see if we can limit our discussion to the spokespersons . You have three spokespersons and over here we've got three got three spokespersons, so we'll hear these three and these three on an interim basis. We'll start with them, then you and then them and then if you're not satisfied I'll open it up and let you all have a crack at it. We'll be here all morning. Now, who is the first spokesman for the pro- ponents side? I'd like to recognize former Commissioner George Du Breuil who served the City of Miami with great distinction for many years. Mr. George Du Breull: Mr. Mayor, if I may give just a little history and then the major -- Mayor Ferre: George, let me interrupt you for a moment. Let me ask this, for the spokesman would five minutes be sufficient time? Mr. Du Breuil: I believe so, yes. Mayor Ferre: Could we get it to three or is that short? Mr. Du Breuil: We try. Mainly, we have representatives who have applied for this application by the State Police Department. We have a Major in charge of this down here to speak. Mayor Ferre: Al right:, on the proponent side, does ,anybody object to a limitation of three minutes? Do any of you want to speak mete than three minutes. Mr. Du Breuil: There might bu five of us but what we'vd li.ke• to do that's twenty- ive minutes. There might he on person wanting to speak only one or two minutes where the Major would probably require five. Mayor Ferre: Alright, in that case let me do it this way George, and let me ask on the opponent side, does anybody object to a three minute time limitation? As you know, I'm pretty general. Jasper, we'll do it this way. You have three minutes time limitation. Now, I will give each side twenty minutes. So, if somebody speaks less than three minutes and it accumulates then that will give you the opportunity to speak longer, ok? And, I'll use my judg.ant. I think, I in two and a half years I've never unfair in public hearings to people who want to speak. If we have to give you a little more time(I try), but. I just try to do this to keep you short, you know, because we're kind of long winded up here and if you're long winded we'11 never get through. So, we'll start off with every speaker has three minutes and you keep a cumulative time on each side. Mr. Du Breuil: Mr. Mayor, could we ask that fifteen minutes of our time be allocated for listening in a five minute rebuttal so we'd have a opportunity to answer some of the questions possibly from the other side. Mayor Ferre: I'll recognize five minute rebuttal time regardless 0f how long we take. Mr. Du Breuili: first of all, the Grapeland Heights area, I certainly want to pay respects to them because it wasn't too many years ago that I served on the same board that you gentlemen have as a Commissioner and one of the strongest political groups and people that had a right to complain was the Grapeland Heights area, because of the airport as well as other things in their area. Number one the City Cotnmiseion at that time did something about it. They took a dump out there and they made a beautiful 18-hole golf course out of it. We built a public library in the Grapeland Heights area that is there today. We built a community JUN 171976 center in the Grapeland Heights area. We put tennis courts, basketball courts, we put a fence all around that particular area as well, we worked with the Dade County Court Authority and got •the Dade County Court Authority to move the run- way making it further and further and right now it is going on also. But that wasn't a fault of thr. City of Miami_. I just wanted to bring that up as-- one other thing that war. done, the Public Eo".,sing Authority back in 1955 had recommend- ed building lca, CO3y. housing in the s.i:.e area as the shopping center. So the Grapeland Heig'ats ceca just we '_: q7 n mess and was later agreed that they would zons. e ^i:Opt rc"J or T*- :ad business that came up at that time. I'r ust rLiatin,[.; some or thts as l',-.s_c::y to tn,_ entire area and I have to have respect for the Crapeland Heights people. At the same time the shopping center has existed there since 1956 and the West Flagler Kennel. Club owning the property purchased the property some years after the shopping center was built because their was a need for more off -parking for the trash, however, everytime that any changes have been made to this area, the West Flagler Kennel Club properties have had the wrath of the Grapeland Heights people come down upon them. For example, when we were on the Commissior:, we did re -zone the property and give a variance at that time that there would be no ingress or egress on the streets -- llth Street, on 39th Court: and this has been adhered to over the years. In the last year or year and a half when the Flagler Bank now known as the Inter-Continential Bank came in for a variance to put a bank in that location. It's a service area as well. There were certain restrictions put on it at that time. Number one, the wall that hau built with concrete slants would be replaced by a solid six foot wall, landscap..ng wculd be put around it. This has now been done. But there was walkway through that area that people from the area could walk through. There is a problem today, not only for the safety, if there is a fire in that area. I think we're all aware that fires have been happening lately in the Downtown area, but if there was a fire there's no possible way to get into that only on 37th Avenue now with a high hooking laddcr _cause of the area coming under the building is got a 14 feet (I believe it is) heigt to get in that's from the 37th and the bank area to come unde,_ but for a hooking ladder it would be almost imposs- ible. The other arca is that the Pclic, Department. That goes for police protect- ion as well. We have put the wall ail ;he way around 37th Avenue. The area has since c:ha ni,ed einee I was on t:rat Con=i:.ssion. There is not an express --a block an a half on i4th Street that goes thro:Lgh. There's a traffic light now existing at the corner of llth Street and 37th Avenue. It exists there now. At this time I don't want to take e_lymore of my tima I'd like to introduce you to Major, would you come forward sir. Major Keads: Director of th..: Departmen . of Highway Safety and Motor Vehicle for the Division of Driver's L:.cen .e. Mr. ?iayor, members of the City Commission, ladies and ",entiemen. Basically, I thi"rk that the gentlemen that followed me or just preceding me p_;inted out some of the areas here that I want repeat. I would like to say that our primary resp}nsibility in the Division of Driver's License is tc perform a service. Now, La the State of Florida you've got approx- Alb imately six million licensed drivers, one/fifth of those drivers being in Dade County. In Dade County we've got six drivers licensed offices. Whenever we select an office we have to be looking fora number of items here that we must have in order to serve the public as sufficiently as possible. Number one, we have to have a facility that provides plenty of parking for the public. Number two, we must place it in a area to where the majority of the population is. So we go to tha post office and get informeoicn on the zip codes. Now, the problem that we have here at the Central Shopping Plaza, it's one of our largest offices in Dade County. We service a lot of people there. Approximately 500 a day sir. We could run 556. Now the public must ,:ome to us. They don't come to us because they want to, the Government has said in order to comply with the law you gotta come. Now, whenever they get there, we should-- the Government should provide an efficient service as soon as possible for these people. At the present time we have no place for them to wait. They have to stand out or either sit in their car or wait outside. Because we don't have any waiting facilities. The number of people try to gut service during tnc noon hour. At the noon hour, at the present .ocety_on wc. only have actually one outlet, so it backs up, they can't get out. Men we ,_,et in trouble with t employer. It makes us as a state agency, as a governmental agency to l.oc:: bad. Now in order to relieve this sit- uation we would ask your assistance in giving us an outlet on llth Street in order to perform tl.a service. Mayor Ferre: Major, let me ask and this is now off the time. Let me ask a few . claritory questions here. First of all, how many such offices do you have in Dade County? Major Keads: In Dade County, six. Mayor Ferre: Six. Now, of the six how many are in the City of Miami? r111i 1 !HMV /, JUN171976 • Mayor Fetre: Id the city boundaries. is this the one? This is the only one in the Citysof Miami. Now, you know that 24% of the population of Dade County lives in the City of Miami, so in other words, if you have six, wc� really ought to have 11 kind of in the city, but we have one, ok. Now, 1 understand that you're talk- ing about going to 157th Street & LzJeunt' is that correct as an alternative? Major Keads: Well, Mr. Mayor unless we get some relief we've got to go somewhere. Mayor Ferre: All right, let the ask You T would like to point out that if by any chance you don't ret relief and this thing doesn't pass. I certai.ily hope that you and your department will take into consideration that there are --the 24% of the people of Oade County live in the City of Miami and that you don't go outside of the city boundaries. Now, we recognize that since the City of Miami is the most developed portion of Dade County, you're going to run into the same problem, whether it's a Grapeland Heights- listen the Grapeland Heights are very kind and generous. if this core the Coconut Grove you'vd have 400 people right here screaming and whatever neighborhood -you know, everybody wants the station in Miami, but nobody wants it in it's neighborhood, so the question is I want to put to you, I think it's important that you keep one of those facilities within the city boundaries of the city as a convenience to the people of this community. Major Keads: Mr. Mayor, may I add one, yes, I know what you're saying. I want you to also know that we been for the past two years trying to get the Dade dele- gation and the legislative to provide more facilities in Dade County. The more outlets that we got the better service that we can perform. Now we've been that route. Mayor Ferre: And yuu haven't made too much ---- Major Keads: We haven't made the suc•ess. Mayer Jerre: Let me ask you this Major, of your six outlets, which is the busiest. The Central one-- this one, this Is the largest. What percentage of the total work does it do? 2t1;', Major Keads: 25. Mayor Ferre: So in other words, that approximately the population percentage of Dade County that lives in the city, don't you see. So the people of Miami are dependent on that facility to get their driver's license, is that correct? Major Keads: Yeas .;ir. Mayor Ferre: Now, you've got five others and this one does 25%. The second largest, where is that? Major Keads: Mayor this regional supervisor, Lt. Highsmith. Mayor Ferre: That's just outside the city limits of the City of Miami. That's your second largest. What percentage does that one do? Lt. Highsmith: 15',. Mayor Ferre: 15%. This one does 25%, so in between-- and that's almost within the city boundaries of Miami. So between these two centrally located facilities you're doing 40% of your business, that's important this is one right, ok. How many people do you average there every month, in the Central? Lt. Highsmith: I would have to calf on the station supervisor there to get the monthly. Mayor Ferre: Well roughly. I mean, are we talking about 100,000 people or 200,000 or ---- Lt. Highsmith: We do from 5 to 700 a. day. Mayor Ferre: 5 to /00 a day, is that including Saturdays? Lt. Highsmith: No, five days a week. Mayor Ferre: Five days a week, so that would be about over 10,000 to 12,000 a is JUN 171976 • 1 • week, is that right? I mean a month, I beg your pardon, a month. About 100000 a month. So over a period of a year you got 120 to 150 thousand maximum in that location which is approximately the number of drivers that we have in the City of Miami, licensed drivers, a little bit less. All right, sir. Major Keads: Mr. Mayor, may I point this out also, because of the budget limit- ations it was necessary to delete thirty-four positions in our examiners through- out the state. These positions --- we had to take them from a larger Metropolitan area. Mayor Ferre: We always get stuck, don't we? Major Keads: Yes sir. We got six from Dade County. Mayor Ferre: You took six out of Dade County. Major Keads: Yes sir. This becomes effective July 1st. Mayor Ferre: Let me tell you Major, this Commission's got a b-i-g thing about Metropolitan Dade County, but I want to tell you that we've got a bigger thing for the State of Florida because it seems to me that the City of Miami and the Metropolitan Dade area is always getting the short end of the stick. It's almost mathematical proportionate to the amount of miles that you're away from Tallah- assee as to how fairly you're treated. The farther away you are the worst you're treated. And it's just unbelievable. It's unbelievable to me how we can have 20% of the delegation and the legislature and he shafted as many times and as often as we are in Dade County (applause). Major Keads: Mr. Mayor., may I say this now your legislative delegation in Dade County has been a tremendous help to us. Mayor Ferre: You told me that you tried to get additional money and --- Major Keads: No, I realize that- you know, we're making a broad statement here. I want to clarify that part of le and because of the economic situation here. Now, two years a24o, as I indicated before we tried to get more offices in the ten larger counties in the State of Fiord, being Dade, Broward, Pinellas, Hillsborough, and those counties but we were unsuccessful here, but I will say that any time that we get personnel we allocate the majority of those people in the larger .•'etropcl.ita_n areas sir. Thank you so much. Mayor Ferre: Major this is not a criticism of you sir. I know that you do a fine job, you and your sta_f I':' just saying that we in Miami are kind of feed up of always getti.ng shafted. Here you went to ask for more positions because we've got a growing population here and it ends up that they take six people 'b away from you here in Miami. That's just eebelieva'ble. Alright, let's here from the °thee side, alright George. Ali right. Jasper, or whoever the spokes- man is going to he. Mr. Ken Bush: 3725 N.W. llth Street. We've been pretty well brought up to date. First of all I'd like to thank you for holding the audience to see who we have here. We've been pretty well brought up to date with the exception of some of the restrictions that were originally put on that shopping center and that is the 275 foot stipulation that was put in where there's suppose to be no building be- tween the wall and the present buildings. We strongly opposed to the bank on this think. '?ot they bank building itself but the teller windows that were put in between this wall and the building. So the barrick was broke. We lost that and they had gone ahead and built that. We also lost 30 feet where the wall was moved in closer to the homes. We lost that, you took away the 30 feet from us. Mr. Plummer made the resol,ition as far as the wall and six(6) foot wall, solid wail with no ent.rence or e;:it , with a solid hedge six foot high where they have planted a hed^y. . %.':d I wil alor;t with the shopping center it does look nice. The r.eig-Lar;:ood is h +r ' it. It'e cot,in along and they haven't completed all the ,;ra!-.s Jo b;:t it c_oes look nice and it's going to be an attracticn to the neighborhood. I wouilike to bring out as far as the opening -- the man in the gray suit or whoever :':,u introduced him as. (Bob Davis) . There was never an opening in that wall on_ltb Street, that was a walk-in and I would like to point out t.0 the Major, that when. you proposed and put your building there there was Never an entrance onto llth Street to start off with. The only entrance you had when you moved into that place eas cn 37th and off 39th Avenue. So as far as that goes there's no difference there now. As far as the traffic light goes that traffic light on llth Street and 37th Avenue has created more traffic. 49 JUN 171976 t Will agree it n€edud o tight there. We've had accidents there galore, but it has created mnrc traffic, more penplc are using llth Street now. Another thin; the Major se id wh.eh I think it's in my benefit and the neighborhood's benefit is the amo.rnt 0: cars he says he services there. 600 cars, 500 to 700 i day and he r•;in s these cars to come out onto my street, all the day down llth Street, you can't eet- out on the thing now since they put that light there and le wants this math more traffic coming out on the street. 1 jnst can't understand that. Thee have an adeuriate `r.cilities on 37th Avenue where they can get in and out . see other s :o^ n.n5 center you check. I've checked around over at ';ears there Ca,ed c 1tr:•ck/ it the ;hopping center at Flagler Street and 37th Avennr•. yin le are no entrant e and exits into the residential area. And I would like In t-,:int out before I cletie. I'm going to be brief. 'here was a Commissioner that its ritht up hero that had the same problem in his neighbor- hood and I'll quote what he said in the paper. Ile said, I'll go for anything that keeps my neighborl::ncl residential. (•rppia'rse). Mayor Ferre: Ladies and g.rnt i enren, Captain Bush is a distinguish member and a public servant and Ale best position of that word, he's a distinguish member of the Coral Gables i'H ire .,,erce and file's a ic-ragtime neighbor and resident in the area. We want to thank }'on Captain e Bush for your words. (applause) Mr. Jasper Andre: live in the area, but not: in front of the wall on either side but being a representative of neepoland Heights and the people. I also function of zoning situetlotr.; in the area and help out which people always come to us to see if they are r i t;ht or wrong to do a tiring. I therefore, represent this project in relation to thin; will. However, I lust want to say one thing 13m very much familiar with the :;hopping center and its functions over there insomuch that: I'm not an architect hat i have drawn a picture which shows the entire facilities of the shopping center ;n the wall and t.ln stores and the exits and the traffic: light and everything eleet r and „u: ). I'd like to present that to pass around. Mayor Ferro: All r i ;;h t . ! kn,:w of your many qualities. Now, I got to add one you're also a ar:nit•et aed r drattsmaa. Lonl's like a good one too. Mr. J. Andre: Ali rignt. An not a complete artist, but I think, I visualize and 'L didn't go at.k t erth at home. l;rat I know is there. I also have pictures which I'm eoi_:,; tc introduce be::arse 1 want to say other things before that that. I` y. I'd like t:c, pass this around I'll talk because I dt n't neon th:;: ,•- or.t. me. Now, while you're all looking at that if you can only concec_.h:e • heal eay t' a been .so much talk about this wall necessary to le open the !':: . • en ti : l.. f f erent . I'm a man who walks around and talks to ,;ee : -mot coon' t tal t eny Tom, Dick, and Harry. I think I talk to people mace eeed en this project. The owners I cannot get, but the managers of iac,r::o :._ r: hank -;_rr that area including the Vice '?resident of the Merchants A:,:,,,c ..; '.on crt the Seopping, Center tells me that one is of Murphy (I do not want to io: their °lemon) b'-lt the manager of Murphy has a opening in the back and he he had his way he would close it. He sees no reason to have that wall op, nc.'t. There's 's adequate quate space in the back to go in and nut including the :in, chi: ::gooey. l wear to the Manager (we say-Walgreen and he tells me that [Le prace is looping beautiful. He never saw the uplifts bl•tore the biggest gripe tiny ha.€ in :mopping center is that the management of the shopping centers , the awnce s •.:e not uplift that particular area because they've had problems and t irat ' s ttt,: c. eeest grips they have landscaping and everything else. I know i eet r red ii,) t, but I appreciate if you would give me a little more time. I went t„ rni-ee Sisters and they don't want the wall opened because they have vandalism :: om cnz ba::: of the store. (they do). Now Murphy has vandal- ism in the bark tt:.rt's why he wanted the door closed. Western Union says they don't want the wall opened '.;ecause they have to close their door. And, I went to rational Shirts and I went tn Three Sisters. Now, all these people can't be wror g when they 1•,-L:. � --e -••_`; wall ,r.ti ti.:.y :.ay it's a beautiful uplift and it doe: evaluate tee ,: _ even havesot:.abody come along ant say look, we want an open'1:_ ,' =t Further I didn't stop there I. went to the contractor of t•. =) ant. he said there was enough room because I s. id don't you ha \'.. r:-c :,t - an opening on 39th. th. And there is an opening to go of r ' a t r y use "look there a..n t i�:rt :3 they wa} they �e it. He says, 37th Avenue ample for them to go in and nut". Now I `.rt:erd somebody say here this morning about fins. There has never been a fire in 20 years in that shopping that's been built and that's been t,c': ked about and there .is plenty of room to go in. A small of 6 feet at least 200 feet away from the buildings, heck the firemen can scare that if necessary, hut ri,cr.e's plenty of room. Now, the exit and entrances on 37th Ave rue, which you see of my drawings and my pictures can be further opened by 62 'eet. I measured .it with my own tape. I'm not lying about this. I'm bringing JUN i 71976 you the actual facts. Now, I can't see as we heard here this morning. The Dir., ector of the Motor Vehicles, I think has to move, because this place he's in is inadequate Mr. Mayor. The place is not a real place for them. It's a midship operation and I'm sure they're going to move and they're going to have our wall torn down and then they leave it and it's going to be problems because what'll happen on 38th Avenue they're going to u,2 that place for a bypass for llth Street light into 37th Avenue and I <.,�: c3_^ if you don't recognize this open- ing of this thing here and stick to vole d;,cision what you had before and don't let them 1: erse you. Please i;c' aure _ going to make a mess in our place. And thank you very much. I have others .later. Mayor Ferre: Al]. right. How much is a cumulative time so far on both sides? All right, the next speaker, you go ahead in the meantime. Your name and address. Mr. Rogelio Perez: I represent the Latin Chamber of Commerce. Mr. Mayor, we want to bring to the Commissioner attention of the extreme hardship that will create in the Little Havana Area and in the people of Miami to move this motor vehicles out of the city. We have numerous calls from business people who are in this area who will create extreme hardship for them to leave their businesses and go to 157th Street or whatever will be the next location of this Driver's Motor Vehicle Division. We also find that due to the closeness of this facility a lot of people can come and use it. We are sympathetic with the people that live next to it. We cannot see ail those businessmen who say that the shopping center is very beautiful but they're right there maybe they live out of the City of MIami, but most of our people who are next and closed to this facility will be very much in a scream creating a problem of them to leave their businesses unoccupied to go for so long way to get their driver's license facilities. In effect, we are in favor of opening up the wall.. Thank you very much. (Proponent) (applause). Mayor Ferre:All right, you have the cumulative time. What is the cumulative time? Mr. Southern: As of right now the proponent: have 91 minutes they have taken and the opponents 7 minutes. Mayor Ferre::Al right, would the opponents like to speak at this time? Is there anybody in your group that wants to say anything? Mr. Plummer: Mr. Mayor, can I ask a question and I apologize for having to go out and take so::e virus medicine. Is there any reason why from the exit on the side that the 37th Avenue from this wail here forward cannot be opened, is that not adequate to the opponents c:s to the proponents? Mayor Ferre: Let me ex7d ai.n Ja•yper, if I may, what the Commissioner is talking about in this map. If you'll look at this map - if I understood what you said correctly Plummer, you're saying that if this entrance is opened and 11 is widened since there are 62 feet here so that you have instead of this one lane you. have two lanes coming in and two lanes coming out. Mr. Plummer: Total ingress in and out. Mayor Ferre: The question is would that help to alleviate the problem of egress and ingress to this location back here? Major you don't think that will solve the problem? The bank has a road all the way around. Well, that's exactly the point. That road can be expanded so that people can go in and out of here too. Mr. Plummer: What I'm trying to get at is if you opened that whole expanse from the back of the building to the present wall that runs llth Street. I heard some- body say it was 62 feet, that would give you like four lanes, two lanes in and two lanes out. That's not acceptable George to your people. Mr. George Du Brcui]: The problem of it is right now. We'll show you pictures trying to get cut cn this 37t Avenue. Mr. Plummer: But, you see, that's something that I'm trying to get at. Mr. George Du Bre11: But you have a light now at llth Street Mr. Commissioner and if they can come out on that llth Street then they can get out from the light. Mr. Plummer: But what about if you took and moved the light down to the opening, that's what I'm getting at. Mayor Ferre: See, the trouble with that is that you'll be having problems with ME i JUN171976 this other .light. Mr. Plummer: No, on Ilth Street . [ i something, iighr-t; nrr I'm trying to get Al 60 feet south. m really wouldn't because you wouldn't have thnl much tr.tl tic •,nu moved that light down to L1e opening and .1e1 me tell you • put everyday for the conveniences of traffic. Thnt's wh.tt that: you can move the light north on 37th Avenue, Jet's say Major Keads: Thnt wa s llth Street. We oeeer flow --- Mr. Plununer: WonI the County Traffic Department that put that light there on requested it. That was because of the amount of traffic t.ltr►t_ alleviate the problem? Major Keads: No :, i i . Mayor Ferre: All right, let's get the next speaker, then we'll go to the next speaker over here. Mrs. Nadine Wright: I lii!e at 950 N.W. 39th Avenue. I think our spokesman have about covered over•. t h i.ng except there's something 1 cannot understand these people that went out and ; t the pet.i tion to have this opening was gotten under false pretenses. They '1 iLl not come to any of us. There isn't a one-- there's two of my neighbors that .ere both Spanish that they approached. They were not approached as a drive-in exit. The owner of the cafeteria, one of the men that owns a driver's school which l do not know were the one that went out to get this petition. The man from the cafeteria spoke to my neighbors, he told them they needed a walk- in because it was affecting h business. One of my neighbors next door to me signed that pe'titien. Tits• neighbors second door down from me did not sign the petition because when !he man from the cafeteria finished speaking the man from the driver's school t ':rncc: around and he had his name of the driver's school on his shirt. And r .' ' )ani sac neighbors said they lied. They did not he honest. There is none o: iv that those people came to us and this is what disturbs us because we haven't h'ie:_t..:d te the theater. We didn't object to the beauty shop being put in. t'. o',. e t ed to the driver's license itself, but we do object to any opening .e,ei.e oat: e in many years now the neighborhood is begining to look more lne 1•-a. i;l;orhood rather than our white ghetto Rev. Gibson, you remember that. .�:I,:. ocsn2 leave it along. Don't go and open that again and create traffic or nei4hhor people are going to be hack and ask for speed bumpers. Mayor Ferre: Ail r i eht , Mrs. Wright. Thank you. Mrs. Wright: Ticao vou. Mayor Ferre: Ali right. (.me more statement and then I think we have to bring this to a conclusion. Ye. ui.r. Mr. Luis 'Vasquez: I live ir. N.W. 32nd Ave. 1011 N.W. 32nd Avenue. 1 own n property there and 1 o'.:n ahoi her property on N.W. 34th Avenue which is 924 N.W. 340 Avenue. I h ,ve been living in that neighborhood for over 22 years already and I am very familiar with i:ne ne• i 1ilihorhond. Everybody have already talked about the fire hazards which we rc r �f;ni.z ;Ve have been talking about the driver's license conveniences for ;1), ; eo; le of Miami. Now, I have shown the Commission a set of photos that 1 tool. N.W. 37th Avenue because nobody has talked about the traffic hassle on that part ieul:,r avenue and also on N.W. 7th Street. I have my family there. I have two hays ,n d all of my relatives live in that neighborhood there. Everytime that we have to go shopping in that shopping center we face - the danger- eous fear of havi.n:' !Al make left turns into either 37th Avenue or 7th Street. My wife has the big; problem of--- she's the one who has to do the shopping because 1 am e driver est ructor r..'seIl. 1 have been in this business for 12 years and believe me 1 k;: w .....,t r._ about. I dare anyone in this Commission or anyone over Ccee 'e _aie eeeeeYe. 1.1y tire of the day, 7' oc' ock in the marai►:g;, r,, e'cflocK, anytime up to 12'oclock in the evening to ;; t;i .'i e .:;r... '_ r::a::a _ ,i..e _,ft turn into anyone of those streets there. Commissioner Pl enmer told us about moving the light, that won't help at all because eve-:-yt ir, von „ c in tip:.re, the only chance that you have to do if you go to park on the front of the shopping that's when you get the problem and light_ there is not game to solve everything because the people who live on the east side of the :,nipping center they always will have to make the left turn into 37th Avenue en LlIe ether hand, if you have that opening there you could use the light on Lilt S'teat and when you go out you can go out that way. The lady here has been talking about the traffic there. I have never seen a person taking a driving 'lesson or taking a driving test in my 12 years. Here you have Mayor Keads, you have C.cptein Highsmith, you have Mr. - everyone of them JUN 1.7197' • 1 • people with the spirits. How many accidents have they had while taking the driving test. I recall only one. Now, there's another problem here we are going to place another problem. (Just a another --just one second, just one brief statement). This division once before on Flakier and about 25th Avenue. The neighbors here at their complaint about the traffic there. If they moved from here to any place that they will have to face the same trouble. So they will be placing --- with them. (apnleuse,. Mayor Ferre: All right, sir thank yoo. It's ^y opinion George, that we've gotten enough of the discussions on both sides and let's see if the Commission has any other question. Mr. G.B. Field: I'm the President of Grapeland Heights Civic Association. Let me explain to all you people that you don't know what fire hazards are - around here. You don't know nothing about six years ago, there was a fire in Murphy in the kitchen. I was inside the store that vas before the fire station was built on 7th Street on 41st Avenue. The fire house was on 27th Avenue. ---- and I'L1 tE_11 you one thing in five minutes the firemen was there not through the hack of the store or the shopping center through the front, so that means there is no tire hazards right there. Thank you Mayor. Mayor 'Terre: All right, sir. Mr. Du Breuil. >lr. Jo Breuit: Mr. Mayor in summary, of course, I think this Commission can see we needed expressways and we finally built them and God we went through the same thin, that you .,11 are going through today. It's just that this is a public service that the state is furnishing this community. They did not relate one thing and that is the particular area in the back there since that wall has been moved the at ate will eet t;t back there stop, p,o, parking and so on, that will be done on premises instead ,f on the streets in the further and that can be backed up by Major Kcads. It's one of those problems we all need it. We got to have this service. We need more of this type of facility in the City of Miami, but don't put it in my neig,tbenccod. There is a very definite need for an opening in the back of that ee •eet.Than'k you very ,:ucl.. (applause) Mayor Ferre: .`.11right we've talked about this for close to an hour now and you want to close it, please. We're way behind we've got some other things that need to he addzessed so let's --- Mr. Ken Bush: A couple of thinga, one thing the gentlemen said as far as the driving', schoot .;oes. He asked a gales ticn, he says, as far as accidents can you say any accident has been caused by it? Evidently, there's no problem there they haven't had any accidents, so why he is worried about it, let it stay the way it is. There's no accidents involved. '. think Mr. Andrews shaking his head when I 411 said aometh'ng aeou, the accident that was there: when ---- well that was an illegal exit that was in the back of that building there. It was a walk through and the dr.ivins sciion1 people and the state, I believe, knocked that thing through and they never got approval to do that end it was illegal and it was like I say --it was just a walk through. So I'd appreciate it as I've said keep our place residents. Mayor Ferre: Thank you Captain Bush for your final rebuttal. And there's another over I'll recognize that one too. Mr. Du Breuill: There was a temporary illegal opening and it was not done by the shopping center. The wall at that time had been broken down in the area and I believe D.O.T. had requested and had gotten temporary permission to use that there. Mayor Ferre: All right. Is there a rebuttal on this side. I want to he completely fair. I hope this is the last cae. Jasper. Mr. J. Andre: The only thine this is aai:g to benefit Commissioners and I'm talk- ing to all of you is only a few drivers. Because the school is one that uses the in and out as r:ore often or equally in iird out as the institution of the licenses, ok. And what or. Du Breuil did say t.; rcu end I'd like to show you on a plan they have a drivewar: along that wall up 39te eo i lth and coming around and they expect an opening there which costed 100 million dollars according to the contractor, he told me that yesterday. Now Du.lrc't. '_i :ou can check that out. I have the name of the contractor. I don't say an thing that --- Mayor Ferre: Jasper I'm sure you don't mean 100 million dollars. Mr. J. Andre: I mean 100 thousand. ,/7 JUN i71976 'Mayor Ferre: Listen, we're all entitled to make :► mi ;I:ake here atid there, One Lett, mote or less. 'thank you very much Jasper. Mt. J. Andre: They're going to start conglomerated jam right at that point if the open that pia up. Would the license bureau and the cars and students going in and out mid they're going to hypass to go in there with --"---- and everything. Please don't let them ----- Mayor Ferre: All rfOlt. more discuss ions. We've discussed this long enough now. I think the .►reunh nt•; have al] been placed. Yes we've seen the pictures. We got all kinds of pictures, you've passed them around, right over here, we've seen them, we've r;'rn stapes, we've seen other pictures, we've heard all the discussion. Everybody knows exactly where we stand now it's a question of a vote. Now, what's the will of this Commission? Make the motion Plummer. Mr. Plummer: Well, Mr. Mayor, I'm told by Mr. Andrews that no action -- say that again ---- Mr. Andrews: Nn .►; t ion car no motion would denote that no change would take place therefore it would :-.t.r, i used . Father Gibson: ►v let me ask something. We all recognize that there must be some relief on.. w;Ay the other. Why wouldn't you all be willing to try the opening as the M, .,, indis o`ed and it it doesn't work come back. You know some— times I think we do ii' t get these things because we haven't tried them. Now, I know the import._+nse of wanting the opening to that wall, but I also have to kee-- in mind that :rc pe»pie who live there. Gentleman, more and more everyday people are concerns,i about ,;hers I live and how safe is it. Why wouldn't you try and if you find it impossible to live with suggestion that the Mayor has made there come hack here --- Mayor Ferre: Come lei 'c ins three or tour months. Father Gibson: And vh. we could convince the people there, but at least you ought to try. Thi:-. ;.rives vrw at least ---- Mr. Luis Vasquez: His pint is going to be the same because the people have to take a right to ee en 37th to go around 6, 7th Street and then go to the same place they don't cr.,nt us to go. So we're going to be around there anyway. We're going to have tug- .,,,re roblem. We'll have to come back on llth Street and come to 37th Avenue _, .; i r, . Major Keads: :c:= ir. we ': -Je two problems on going on to 37th Avenue. One of them is a safet! tucr.or taking new drivers trying to determine whether or not they're ready to be turret.,.' loose on the roads and drive or not and the other is a time element gciog out on 37th :,venue if we have to use that entrance and that exit it will take us twice as long to give ----- Mayor Ferre: Wel 1 , they (.1.1 also go out on 39th Avenue, can't they? Major Keads: Weil, I don't say it's impossible but it wouldn't be ideal at all. the way it is now .►nd in addition to the time element which we don't have enough examiners take C,,r'• of Lilo people now and the safety factor, the opening onto N.W. llth Street would be both a safety factor as well as a time saver. Mayor Ferre: Ali right. Now, I think we've discussed this long enough and let's see if we can come to a conclusion. What's the will of this Commission? Mr. Reboso: Mr. .'•,avoi 1 think it's a difficult decision like you say at the beginning 'because moth ; ies I think are right. But in my opinion as you have stated before w:.:.r ;:,c i:.;portent et time is the welfare of this community and if we don't n .::;; we e _-e eoine to loose these people and certainly they are going to eeve es, ef-:`1=:an:i• uecause it doesn't matter where they go they are going to have the sr=me prcbiein and the same people from the different neighbor— hoods coming before• us. Mayor Ferre: Are ',eu making a motion? Mr. Reboso: Wel 1 , 1 am wi 1 I ing to make a motion. Mayor Ferre: Ail ► ight, :sir I'll recognize for that. Mr. Reboso; Based an ail the facts presented by both sides I think that-- I make JUN 171976 • a motion that we make the opening on llth Street, (applause) Mayor Ferre: Please, let's see if we can keep our emotions down. Everybody feels strongly about this. Let's see now if there's a second. If there's no second then it dies from lack of a secoeml. Is there a second to the motion made by Commissioner Reboso? Hearin no secc,l- to the motion that the wall be opened on llth Street and 38th Avenue the moticthen dies from lack of a second. Mr. P1ua-cter: ;;:yor, just so tht ,_. a motion off record I would like recog:hizin; and .n:;:. 1 dc.;' .L know as ._s the people in that general area but I think I :anew area that we go on record reconfirming the commitment of the people of Grapeiand Hei.ghts(.t). (b) that we the administration work with the people of the shopping center to get this opening widen as much as possible on 37th Avenue (c) that they work with Eugene Simms who is really the main man who should be here who is not here, who is the Director of Traffic & Transportation to recognize this problem as it exists and try to give some relief to the people of that area as well as to the shopping center. Now I'll offer that in a three part motion for some action to be taken so the people know where they go when they go from here. Now, don't let me mislead anybody. My motion is to at least try to give some relief. If we find in six months, to a year that this is not giving any relief then T. feel this Commission should address the problem again, but I think the Commission has got to do something. There is a bad situation. There is relief needed by both sides and I offer that in the form of a motion. Mayor Ferre: All right there's a motion. Is there a second. There's a second. Now speaking to the motion since there is such a motion now on the floor. I'd like to as a question of the Major or the Director. I want to make this state- ment. I will vcte with this motion because I think we have a moral obligation to the integrity of that neighborhood nr; much as possible. If however, you tell me in the future hcnestly and ohjectiveiy that the reliefs of this motion is trying to seek do not solve the problem and thet you unless you get that entrance must leave the area then at that time I woeg re -consider and vote in the way. Do I make myself clear. In other words, „":_r. 1 :r: trying to say is we don't want you to leave the City of Yiami. (;:_ nee you -.er_, we want you here. We think this is a .og4.cal pace for you to lae. l :> he we've found a middle ground, an alter- native that misht seek to solve th_ r.: _.f is doesn't work then we'll take the nost ste7,. I du not be ie,Ye ... ery in every single. We cannot solve problems with axes c:o'i:.. .car.: :hay c,ln =e solved with scaples. If we can solve a problem with a pi'::: .'O7 ' _ ......eC. elephants guns. So all I'm say- ing is let's go to TLi . .: ^rourci f7 we find a solution, fine. It may cause an inconvenience fo - the next :r_;, :nonth:3. t cloer.r,'t solve the problem and I'm telling the r:eihbor iooL 30 zhet "cu''_i " position. I want you to know if three of four r.c nths fro'. no7:> .d vote for the opening on 38th and llth Street I want you to 'crow that ., t s Lc. me the r.rirnary consideration. As Reboso said and I agreee with him is to kern thaa office in chat shopping center. If that's going to be lost then I'm for opening that gate and if it's not going to be lost and I hope that it won't and we can find the solution than that's what I'm for at this time. Father Gibson: Mr. Mayor, let's make sure Mr. Andrews that nobody misunderstands what the Mayor said. We want the traffic department eminently involved and we don't want no shucking and jiving about that thing, you know what I mean? No, we don't want them to go there and Dill:; mouse because those peopl€ ought to be protected and yet thot agency needs the relief and we want them to honestly, you know I know how that can be done, ok. Mayor Ferre: Let mu tell you '.-:ow I think it's going to have to be done Paul, if you're going to solve a problem ae all. You're going to have to get the owner of the shopping center- and ycu're going to have to get some yellow paint and they're going tc have to lose some of tho;ie r .►_king spaces and tLcse _ricks that back up you know Chest big trucks c .at ere aJ.w.zyn !racking up and blocking off that whole place there i.:r gain to ;..:vc_ __ 2Cfli reetrictions on hours as to when they can do th T : r, "_ . ` _.. .soon time and t:'pe of thing. That's the kind c,_ Lefini._a,_. :hut we're : i , r.�, . .': may need a ligi,t there at that entrance. Excu:,e mu Father. l._ ;•:oulc.' with the trafiic light at the intersection of 37th & lath. ;,'.:.: ,::.proe.ch it that way, unless you put a traffic light, In:Less ;you get the yellow paint and knock down that light pole there and rta.e Lc.;.: lanes and unless yot7 have a major entrance there and unless restriction is wade on the time that these big trucks can block off that area you won't solve the problem. )lather Gibson: Along with the fact Mr. Mayo;•, the bank ought to give. 'I want to tell you this I drove through there and I'm uot so sure that the bank isn't JUN 171976 also a party to thi bank some things ar'l very few people want only want to clear and see how they de.- Ihe bank ought: to be involved in this. We gave the you know I'm tried of everybody corning here getting and a to give. 'fhe hank ought to be involved and they shouldn't ,y all the time for them. And all you have to do is to go n those Islands. Right-- ok. Mayor Ferre: All r , ;i,t now here's the way we're going to leave it if it's all right with the Commission after we vote. I am going to continue this public hear- ing. We will re -ail .' •rtisc and would you :;ay that September, October,... Mr. Plummer: Mr. 'L1:•.,r, let me do it a better way if I can. Mayor Ferre: Well, ..re got. June now, we got July, August, September, I think maybe October, thn''I1 give them three months to work out these problems and try it for a month. Jasper, with all due respects to you, you're a traffic engineer but we're not see. 'Co, that's what the administration is going to work on. Mr. Plummer: Mr. '`:,vor, may 1 offer a suggestion to you that you re -schedule the public hearing for three months after the plan has been put into effect whatever it is. If they can r it. in 30 days then three months after that or --- Mayor Ferro.: No-- veo.' l ;,r back 1 would say depends how quickly we move here. It'll be October, :.r November, ok of this year, all right. Now, is there further discussion from the (;onuni.sLou side? Major? Major Keads: Mr. M:,v ,r and members of the City Commission I just want to say that you can depend on o!r personnel cooperating in this effort.... Mayor Ferre: Well , .:r eertni.nly thank you for that sir. Major Keads: l'm lie that the Ilan in section here in the City of Miami with the know how that thee' go! will make some survey lefore they turn to stone to deter- mine really what orolem is. Mr. Plummer: i;_ 1! .':Ijor ene of the important part : es .:', • s:-.o:f 1 d be i,c re Traffic h Transport :t !cn. . c.•c ause 1 if they bring than ,t '_GG feet or presently is it. It.', .'.t, ..et it would the light is ee statements that 1 made before one of the most is not here and that's Mr. Gene Simms of feel personally, and I'm not an engineer that whatever it is to the south of where it be just for the shopping center. Thats what that can give you with the right proper leads on that light aL t`.:c : grc,;s a_nd egress that you need into that shopping center. I believe that now. That's w:.at we're going to try. Mayor Ferre: All right sir. Thank you. All right, now there's a motion and a second. Mrs. Gordon: Nothing else further to add because I think everything has been covered very adequately and the steps of procedure I think are the sensible steps procedure. If it should ever come to pass that there has to be anything further than this done it Always r.ou1d be done on a time period for trial. In other words, if ever there sold have to he any kind of further opening it could be done on a six months or a year's basis, because that would be a conditional type of per- mission. Mayor Ferre: All ri,•,ht. Now, we have a roll call. If you would please call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: ;MOTION NO. 76-597 A MOTION RLCONFil:<'i:?;: '.'_ t:L'_'' COMMISSION'S COMMITMENT TO THE PEOPLi. OF '. :-i :1i: ilia; AREA NOT TO ALLOW ACCESS TO TIIT 11TH STREET FOR AUTOMOBILES, AND PEG; ..STING 2dE 1=DI':INI T%AIIU.V TO COOPERATE IN EVERY WAY POSSIFL . WI _ TH. REPRESE*;T'..T'! VES OF THE CENTRAL SHOPPING PLAZA J."; AN F.F7ORT TO ACC .» P J _SH THE WIDENING OF THE EXISTING OPENING eN N.W. 37TH AVENUE :IS MUCH AS POSSIBLE. Upon being ended 1r Col:unissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manoly Reboso Commissioner (Et v.) Theodore Gibson Cornissi ens r _, . e. I''_ umrm r, Jr. Vice Mayor erre NOES: None. JUN 1.71976 1 9 PERSONAL APPEARANCE RICK SISSER, LEGISLATIVE LIAISON THANKING HIM FOR HIS ACCOM- PLISHMENTS IN LEGISLATIVE PROGRAM IN TALLAHASSEE Mayor Ferre: All right, Mr. Sisser first of all, we want to congratulate you for the wonderful job that you did for the City of Miami in our legislative attempts and at this time I'll recognize you to make your report. Mr. Rick Sisr-,:-. It's a pleasure be..Y.: bsck ,and seeing democracy in action after being in Tallahassee for two months. -I'll just quickly go over -- there are basic- ally seven priority ieaues that the Commission asked me to pass during the session. (1) Tax abatement increment plan which passed (2) Low cost housing assistance which passed (3) Funding of 911 emergency telephone system , there were no funds available, however we did get a bill passed that would eliminate the city's responsible of the installation until funds were available (4) A resort tax, which there was no new taxes passed (5) Double taxation, which we were able to stop a bill that would hurt the city's suit on double taxation (6) Foreign trade zones, which was passed (7) The Meter Maid bill which will allow meter maids to go out and issue traffic citations which was passed. There are also thirteen(13) priority bills to oppose and all of those were killed. There is in a nut shell the legislat- - ive report. Mayor Ferre: Now, that's what you call sensitizing he did in two minutes what it took him three months to do. Mr. Plummer: He did a hella fine job for this. Rick I want to tell this as one Commissioner that I'm tickled pink with the results of this year's results for the City of Miami and anyone that wants to question the fee that you were paid I think this year within iteelf...I hate to say that you came cheap but if you're in comparison to what thie city will derive from any one of these items which you were instrumental in. I'm going to tell you that I think you did a job tremendous for the people of this city and Mr. Mayor I'1L be happy to make any kind of motion you want for this Commission to go on record. Mayor Ferre: Mr. Plummer moves that then Commission go on record in congratulating Mr. Rick Sisser and thaning him for the diligent job that he did on behalf of the City of Miami and its citizens in Tallahassee in the recent legislative program. Mrs. Gordon: Seconded. Mayor Ferre: There is a second. Is there further discussion? Call the roll. Thereupon the foregoing motion introduced by Mr.Plummer and seconded by Mrs. Gordon was passed and adopted by a unanimous vote and was designated Motion No. 76-598. Mayor Terre: Now, Mr. Sisser let's get down to some further business. Mr. Sisser: I'd like to thank the City Manager and the City Attorney and Clark Merrill in the City ?tanager's Office and bob Clark in the City Attorney's Office with their help and assistance during this last year and I think that's one of the reasons that we had such good success with communications with the staff. PROPOSED CONSTITUTIONAL AMENDMENT 10, D,D,A, PROMOTIONAL PROGRAM FGR TAX EXEMPTIONS AND ASSESSMENTS AT LESS THAN FULL JUST VALUATION FOR PURPOSES OF COMMUNITY DEVELOP, Mayor Ferre: All right, now Rick before you leave and Mr. Andrews perhaps you can help in _his process in adc:ressin; this proble . We have before us a difficult task we've got to pass a constitutional amenm'st _;:.-t will came up for the voters in November. It is a ;'onp ic....A s!:bjec.:. -:s difficult . In addition to that there arc auur .,:.!:cr : castitae tone) a,: er_dmeata on the ballot. The Governor is him- self getting a petition signed for one cf theo e which will be full disclosure for all public officials and there are oehesa that. will be very, very complicated. We, in my opinion, are going to have to ni ::otie real public relations work and get the best efforts, not only of the newsoeeers, radio stations and televisions, but also of the for example, the labor unicee, I see some members representing organ- ized labor here. Unless we get their help, unless we get the various segments of this community to really put it together we're not going to make it because most people including myself are prone to vc;te against constitutional changes just as a matter of principle. I don't like to change the constitution. I think we got 0.2/ JUN171976 A good constitution and I don't like to leinge it and I think most people will, unless they really understand what they're voting on will vote no. And, then all of our work will be of no avail. Pool will you address yourself to see how we can best go Aout doing this. Mr. Andrews: Wel), 1 wouid say that ktnies Williams has presented and you have before you a program outlining to carry out this activity. But I can assure this Commission C.o.: without a concentrnted os,ernm call it a information to the public as to what taLa e,atter is ell about. 011t constitutionnl will undoubtedly not pass unless the plidliC hea the facts. So i telly aubscribe to a system. And, maybe others are bettor :thled t present a speeifie type of program that the Commission and I'm able hut I support the eoncept- thin. yoo're going to have to organize our- selves. 1 think the City of Miami has to take the lendership in this area if we're going to be soccesstui in getting d censtitutional mm,ndment approved in November. Mr. Plommer: Well, what you're really saning is we can't do half a job. M. Andrews: rhat'a right. Mt. Plummier: the 1.1st boll of the jeb e done. Mr. Andrews: and 1 think the City attorney should also inform you of his feelings in this area Mxtor. Mr. Lloyd: .Just one thine, the concept of a campaign committee is excellent for this reason. under Florida Law the election statute provides that this would be known technically a.; a politieal committee. It is registered as a political committee pursuant to the statute nv accept cGntrIhntlons and may operate as sucp,:, and conduct a promotional campaign anl then you see vou don't have any built in restrictions which municipalities might lotve for agencies of municipalities. This is the--- Mr. Williema has an ideal centopt in doing it this way. Mayor 'orru; All rinht, LuciusLu iu 11 vial would address Yourself to this point then perhaps we cae trove along. Glad to see vce up and about. Mr. Lintius Williems: Mr. Mayor and Cematesion, you have before you my suggestions for conside:ntIon as a basis for oe-onne.'e e cempaign to support the constitutional amendment. end. this ho.L. Later consultation within a number of people totl.....eiet. the C.ty aJateene-.. • ..111-1a,,2:, and the Mayor and Represent- atOven ke. the tan:eida Doontee-e Doletta _ esaociettnn. Now FDA is a statewide ortnntreion of bout 14 citise tetonn.te. tes :tete who have Downtown Development Authorettee, teey wi i be meetint io nn the 24th, next week to consider this same snonestioe if the-: in and also commit to the fund raising ailonatinn t.eot tee ieditnted in State tese Leinit we can proceed to organize the camoaion, hot Lts my scrona sungeeLHe ritot we ell send our support to a citizee eommittee whi(h would be the leoal entty ond 1 subscribed to Mr. Andrews statement that the Citn of Miami mast take e leeeeleein positien. 1 alsohave to add that this oot become a eitv of Miami orojeot toneeee we got to sell this thing statewide but we must take the leacershtp ooeiiien h, oer commitment and function in staff and that sort of thine should be locat. Mayor a-..rre: Well, 1 think you've oce eeeential point and that is unless we get otganfzec locelly and ;et acl.on wha(e; eetrg to happen is what usually happens to these thinga and thatnothino see ea: we're the ones who initiate it and it was our ideal and we're the ones thot neve besn onshing for it and we're the ones that neatly got it through the leg-IZeen-e eto.o. with the help obviously of John Forbes and man:, ocher distinguishes teatetted people. 1 think that we have an obligation to peraoe it and I wc,uic;: 'wA.L11 youc recommendation which -by the way thls le the first time that Lets eecusmendntion so I have not had any pact to develooine it. I ate_ ..te to eoeek to it for a second. There are oeople tsnn:eeoed et - • : et na wo-Ild pay twenty thousand to ir. L._ oat two things. First of a'', tt's '3can exoerienec that ntt .ont ea done well you get the best pro to eo it end yeu get it done thare':: no use noing through amateurs on this. You need CO to people that have nn iaeen.tive, you know, like it or not we live in the tree enterprise system and the tres enterprise system works on incentive. When somebody hns an incentive to do seaening they'll go out and do it. You know volunteer groops with notable tsli)Lions, like Carmen Cost and Ralph Nader and a iiew like that esually 1 would say that 80Z of volunteer programs -- that's what they are they're volunteer they go right down the drain. We need some professionals on this. We wouldn't have ot:.tcn it through if it hadn't been for JUN 1 7 1976 Rick Sisser that's point number one. Point number two is that I understand consultants would came up with the offer that themselves would raise twenty- five thousand dollars is that correct? Mr. L. Williams: lhntis corr« t. Mayor Ferre: So,tnen therefore in effect the consultants are going to raise the funds that k th wich to nay t,: :r.,cives so in effect it's not costing the people in anyw._.' any 1::cney and I think :hat really is a good way to go about doing it and i personally beyond criticism. Mr. L. Williams: Mr Mayor, I think a pertinent point is that the consultant would be the employee of the campaign committee and not the City of Miami and not the development authority and not any other public agency. Mayor Ferre: I understand and that makes a lot of sense. What do you need from us? Mr. L. Williams: I would like first of all, your concurrence that this is the manner in which we can and should proceed and then I will try to get concurrence from the state-wide organization to become a party to this naturally get their firm commit- ments to become a party for the raising of these funds. Mayor Ferre: Ok. All right, is there a motion to that effect? Moved by Plummer. Seconded by Gibson, further discussion call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-598A A MOTION APPROVING THE PROCEDURE OUTLINED BY THE DOWNTOWN DEVELOPMENT AUTHORITY IN CONNECTION WITH A PROMOTIONAL CAK?AIGN FOR A PROPOSED CONSTITUTIONAL AMENDMENT AUTHOR- IZING T1:EXEMPTIONS AND ASSESSMENTS AT LESS THAN JUST VALUATION FOR PURPOSES OF COMMUI;ITT' REDEVELOPMENT. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vatt - AYES: Comuissicnar. Manolo Reboso Commissioner (Rev.) Theodore Gibson Comm::esioner J. L. Plummer, Jr. ViceMayor Rose Gordon Mayor Maurice A. Ferre NOES: None. JUN 171976 AMEND CIIY LODE lit SECTION 13-b PROVIDING THAT THE I' 'OR Amy PROVIDING RELINQUISH CHAIRMANSHIP OF THE D,D,A, AND PROVIDING FOR APPOINTMENT BY OTHER MEMBERS Mr, Lucius Williams: Mr. Mayor and commissioners, I wrote you all a letter includ- ing the administration and the City Attorney some two or three months ago on this The Board of the Aethori t-.y gave long and deliberate consideration on a reorganizat- ion effort. The pee eenclusion r:hat they did come to at the end of some three months consideration at the request of Mayor was that the board should have the choice of electiei; their own c-am. :•low this does not mean that the Mayor shall no,; he he r, .._ eLe :t_t .. eheirman time and again. But the Maycr felt :troi:gly and tiler ot:rer b u:7 mc3:.t1)cr.s did in the culmination of this study that the option 3houl d be given to the board and based on the rules for pro- cedure on the board. Mayor Ferre: Lot me :;hare my thought:, en that with all of you. Ono of the hats that the Mayor of eity of Miami weera in the Chairman of the Downtown Develop- ment Authority whieh i:; fihe. But many t inre ; the Mayoral det.ie':: are such that. the Mayor really doesn't have that much time Le redicate to sup:h an important pert of the city. Now, if in the opinion of the Mayer- whoever he or she may he at the time he or she wants the chairmanship I ' m eu i t c Berta l n that it would be rather difficult for the ether members of the ::onrni.ttr-e to deny the Mayor that privilege or that right. Howe,• er, there may he ::one very important people in this community that would be highly motivated and •tic:.uld be very pro3ressi.ve and very forward and very dynamic if the y' t e permitted to give :,•one leadership by being the chair person of the Downtown Development Authority. And I think the DDA should have the option built in which it cities not now. Now the way iL runs the Mayor automatically is the chairman and that may not always be in the best intere,t of the Mayor, of the City of Miami of the Downtown Development Authority and of the downtown community as a whole. And I would strongly recommend that we adapt this type of a motion tat would really give versatility alal plane up, you know we live in a time now where everything is being opened up. And I might share with you, I 'lttet came back from... Mrt;. Gordon: Ir.'s ju:;t relinquishing the chairmanship, that's all it: doe:;. Mayor Ferre: That':; all it_ does. Mr. Williams: The Mayer would still he a member. Mrs. Gordon: Be a member of the committee, there's nothing wrong with that. I'll move it. Rev. Gibson: Second. Mayor Ferre: Let nn• in speaking for it sine, 1 see some hesitation, let me point out to yoo. 1 just: c; irne back from Washington from participating in the platform committee. And I wrote some language into the Preamble which was a very simple phrase, it's really a Jeffersonian thougr.which bometilrtes we've gotten away from in this country and ir: reads very simply '_iicc: this: The problems that this democ- racy can be cured •hit;n more cier;;or,ra<:y. Those of wi,o believe that the democratic system works and the ,.: t t is worthy of continuation r'e.i i iv sometimes we get scared that thine!: are goir ; t o go wrong and we ;,stet to tighten up and control end have more secret things ant more power. And you know what we need as a country is not less democracy hut s:ee democracy. tAH whet (hie in effect does, is thi:, opens it up a little bit in ttr.,c little h rtic,l,tr It:tA. Tencl the DDA can always decide, as I said, if the Mayor :rents to be the c:hei t man } doubt very much if he or :she can be denied that right. But there may be c,eed rr•a:cnr.r: leer somebody else to take on that chairmanship. Ancl i think it just make•:; c•omrnon sense and I really recom- mend this to you. AN OIWINANCEI'.CLLU- ^.:? . !1l't.ING TEE C_..E C. TH% CITY OF MIAMI, iLl_'.aflA, •l:. .'2ti I..._ va P ..,..e_. _.. TO ::I3S*,'CTION (3) OF :,CC:TION 13-6 GF 'fii' CC`._ CIT1. O_• ;IFMI, PRO- VIDING THERLi.i'. T`.ii:T TH2 :•:Ay.... ._. :L L;';S1L'ISH CHAIRMAN- SHII' i',OIdC) C2 TH:. t D =LOP:,ENT AUTHOR- ITY OF THE CITY G? : c:N:FY_ING SUCH ELECTION IN WRITING iJ D :3Y PROVIDU•:7H1 FILLING OF SAID POSi'}'lrti! CI' CHAIRYN FEt;: L BARD MEMBERS IN ACCORDANCE WITH THE RULES GP i' ROC'EDURE DULY ADOPTED by TIIL BOARD RI PALING ALL CR 7r;ANCES , CODE SECT- IONS GR PART:3 THEREOF 1N G tNFL:ICI', AND CONTAINING A SEVERLH1LITY PROVISION. JUN 1'7 1976 - G Was introduced by Commissioner Gordon and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: Mr. Plummer. ABSENT: None. The City Attorney read the ordinance into the public record and announced. that co"Jies were available to the members of the City Com- mission and to the pubic. PUBLIC PROJECTS USING NON -UNION CONSTRUCTION 12, DISCUSSION ITEM WORKERS Mayor ^erre: "-. ar.ara.is, la?i^s an' gentlemen of the cornission, and I apologize to my friends from labor, they've been patiently waiting here this meeting and the previous meeting and I had forgotten to make this. Do you remember, Father Gibson, that day we had a problem with a fire station that was being built? And there was a minority contractor that took it but you said you went by and you didn't see any black faces around. Rev. Gibson: I didn't see any white either. Wait a minute, let me qualify that - any white Americans. Mayor Ferre: alright. Now, we alsc have another problem. The problem is the labor movement, and even though I an a businessman and I sit on the industry side I am a great believer and a champion of the labor movement because this country has grown and people have gotten a fair distribution of wealth in this country and we awe it to Sams Gcmpers and the many o,:hor thousands of labor leaders and people who have shed t;c.:.r blood and their time end their efforts to rising the expect- ations f ,..'.. sharepie. and the .cal: �y c� ..,.c ��'o. kinrmun' ., of the And I just happen to be a believe- of .sat even though I sit ce the other side of the table when I negotiate. : believe in the eight of ocaele to form together and as a group bar- gain and t::_" _e eeteve ..ae 1Deet .hins's _... the working man. Now, we've had a problem and t. �=,b12n is, and : know it' a a natural temptation and a tendency 'because whan ttieae _et roue.' :Yee union contractors with non -union workers that gc' CL 4 c.:i' :'1_ jc::s. as:-teu !{;1ev: .. ok. You say, "Well the citizens of Miami sa'rc: _aerie.;,," and they do save r:c:ncy. There :night be a savings but at what prier elteeya _'eu :ee w as ::'.: is Mieel. the cit7 has a lower per capita than the county aa a teeel, :erta',el • :.o•,;er etn '. e st,:.5e even though the Greater Miami Area has the h ,!icCt '_-'e -j' il:. c ., the t_ . _ :r:�_ re is no question that this is a pce co?IL'^ an AFA »;a:� you know ii my i'crd vho vas another businessman who saw thinea little e.,. er.^_z-iy. w*n eaki:d Ecn.:,' i'ord they said, "Well, Mr. r^%-.)rd, you _;net be cut :f ..sr ..enc. .r".-_ wc.i:"_d yea: want to pay somebody S4 a day when you him i:o.: a a c,ay' " • . a that's what the going wages were in Detroit in t.'^c ee ene h:. said; eery Nimble, if I pay my people a li_ttlt ;Dit r;c_e they'll be axle :c eifcr:i a Model ,T or a Model A or whatever it was Ford auto:rcbi ie . " And you know by Cod Henry Ford probably did more in a- way that se the'. _.ace for American :industry :.o that tile working man could afford to own an autc:ne':i:.c. .kow _ t�11 you. ar.<l you go over to Aus•:ria or Germany or Scandinavian ccenteiee i rance and thc•:_;e people have a great level of life but you don't see _hone people havine several ::;linos chat the American workingman and woman have. And all I'r. :.vying is 1 thii'a we've got certain moral obligations in goverr:m ne ie n:_otecting th ..t. ?w cur sister city, the City of North Miami each n resolution and i i t� passed a re.�clu_ion d here i.: b:�s_.c�:_ly c:.,<,t i� says: A resolution requiring that all public works type contracts in ..n amount in excess of $5,000 and entered into by the City cf Wiami shall contain a prov:.sion establishing a minimum wage to be paid mechanics and laboecae c.rlpls_ed by tee contractor and/or subcontractor as well as provini:,n6 for fringe benefits under : plan covering pensions, medical, hospital care, life, aitneea and accidental ir+.su an::e and other like benefits." and my Ili:eleeny :;ant to jet things done cheap and I want to get ee.. ere Lee eeeeteeeh . _ , went to do it at the expense of the workir_c_:: . a a e-. ' r. ..:: '.:.. • : -• e : Ca_: of Miami should have buildings and th_nga tee et L t -.l6ee, :ay's wages being cut. Now they can do it .ry ae:. -:o semath: ng a._ -e . - .. 'Ji eh me. But I don't believe it ought to be tc_.e at the axpenee oi: the s:-•z•i:ingman. I think that all this provis- ion would do is et would el :.Lirate thee r."r.d 1 would like to pass the gavel on, Rose, and mace this a resolu:ion cf inter e e rich would then be drafted by the City Attorney into a fanai form ar.el then we can have an open hearing on this and dis- cuss it at some future meeting. Mi. Andrews: Mr. !mayor, there are some nuestions, I know Mr. Lloyd would have. ,..to my knowledge, t✓.r. Mayor, for 15 years or more we have been including a min- jinum wage requirement in our contracts but not the pension benefit JUN 171976 f Mayor Ferre: But that's the key, you see. tteeause it I'm making $5 a hour or $4 an hour and that's what you'ic paying me and that's what the going wage is but if there is also $1.10 that the union worker really yes through pensions and other benefits, by not giving me the same, rights in effect what you're doing is yri're getting my labor for $1. 10 cheaper. And all. I'm saying is that what's sauce for the goose aught to be sauce for the gander. And I'm not a union man, don't belong to any unions so somebody ean't come around and accuse me of doing this ')ecause I'm a union man. I'm not a union man, I don't: belong to any union. ;:._. 'ere .,.Ws: D:_. :-, what I would n.:t•ress concern for is that the City Commts- si.c:L wo :1d be setting up itseit as a form of regulatory agene'y in prescribing wag, and benefits. Mayor Ferre: No, eir. tlr.. Andrews: Well, I Chink it is an area that needs to be examined. Mayor Ferre: Let me tell you that those, are areas that ate open, thole is no sr-_r:ret about what the going wages are in this community and t:here are no secrets about what the fringe benefits are. All you've got to do is call the local car- penteLs or the pipe Litters or the steel workers or the laborers and they'll send you a package of what they're paying i," wages. Mr. Andrews: And then you have to con :Oec that II you do this in one segment of the economy which ie in public works kinds of construction are you also going to apply this to all forms of contracts? That...more than just the building industry, this could spread to everything that government does business with. Mayor Ferrer The question is not that the question is is it right or is it wrong. Should we in coverrw nt be because them is d depression and a recession be benefittr i ng in public bui.ldi.n'3s. and I guarantee you it doesti' t amount. to :r fraction of, you know it might be or 3% on the total cost of the building on a workingman's waye. And philosophically I don't: like eliat. Now all thisthita says is that whether you're a union cunt r .i' •for or v non -Union COnti'de t_<)r you pay the going Wage and thae't, all. Mr. Andrews: Yes, hot Mr. Idayor, this sounds contrary to the positions that the City Commission has take;, and ycu personally have taken in reference to zoning conc:o:_L; and government's involvement and ._:':Croeeh ent into the free enterprise area in the kind of rec;ulations and contra<e that we establish. You'd be defin- itelv establ.s ioo tornethfrg here that is ocrating within free enterprise and I C'ini: you should cei e it careful consideration and let all the commissioners under- stand what is involved in that. i.ayor Ferre: This would be only a first. reading. There would be a second reading, ehe acininistration would have plenty of time to investigate this to bring out all the arguments for and against it, to give us the legal. Mr. Plummer: I'm sorry, I don't want to be a stumbling block hut... Mayor Ferro: You've got that right, t1i s ie en unscheduled item and you have the nerf of right and I would then do this: I will say that 1 am introducing this as a subject matter for discussion on the Meeting tr July ist and that at t:hat. time I would like the full input of the administration and I will introduce it myself. Mr. Plummer: What you might want to do i:; have the resolution prepared at that. time. Mayor Ferre: I want it all the way. The City c.f North Miami Beach has passed this. Mr. Lloyd, if you would call Joseph Nazaro, the City Attorney ho can give you all the legals of it from their point of view and perhaps, and them, is an ordinance here that was passed by the Cdt :,i C;oa .e5. Gordon: This doesn't mean :::IC.:ri.: ti Go:_C:._J-:, I1G simply Want to see what: yoe.'ve got and what they have to say and l• :'s do it on July 1st. Mayor Ferre: I'd like to go on notice that this will thin be brought up for full hearing and voting on July 1st. We'll see you July 1st, gentlemen. 111 ! lu.l llIlu '�, JUN 171976 13. 5L/gE(JRANTRAVENUENCE LOTS BJ9,1O,11,12 BLK 21 FROW HOMESTEAD AMD TO PERMIT BURGER KING RESTAURANT Mr. Murray Sams: Mr. Maycr, may it please the commission, I represent the appli- cant, Willie Taylor wao is asking or ask through Planning and Zoning to build a Burger Kirg ?.c.reaurant on Grend avea , 'lave. with me this morning simply four witnesses, ,.,- : _ ex ert .; . ... :.:t who I would like to have present their to :lint _. „ 1:.. : ,: remainder of the ooeple in the toom are p .-op 1 _.. _ hi ; it an appeal to the com- mission fre_,. a. . u _:_:.; by he 2l,ning : t_.;; 5 to 2 to deny the right of Mr. Taylor to built. this Burger Kirg Restaurant. The map shows clearly the area that we're asking for changes in. I might say that my discussion with Bob Davis prior to coming over here today we presented to him, to administration a view that we have about what is necessary and there is some difference of opinion by that and the legal department has resolved it. I may at the end of this put this in the record just for the preservation of that right but this is not of importance. I just might say this, that along Grand Avenue the strip that was zoned in front was decreased from its oiLginal width ro a 00 foot width. And it is zoned C-2A. The lots behind it that I have difficulty seeing the numbers but they're in the upper portion that are in yellow and marked are zoned R-1. Now in order to meet the requirements that Planning wanted us to do we originally had asked that a variance be granted by waiving,30 parking spaces by the way are required for this structure. Now we simply asked that there be a waiver of 6 of these spaces and we would have put 24 on the Grand Avenue portion of it. we then reworked this whole thing with Planning so that we increased the number, we acquired new lots, we asked then for the waiver to el:ow only 11 oerking spaces to be put on the front asking for a variance for that and a conditional use getting an additional 32 spaces on the R-1 zoning port_.on of it whi.ch means that we're adding an additional 12 spaces over what is required. :pow I have some renderings and some drawings. If I might I would like to give to eecl_ one of thn Goer lion at this time a brochure... I failed to introdtc.o myself, I am 2iurray dams. I would like really without any further ae.o I could to call my first itness who is Mr. John Luccas, and let rye say this. _ eoul I like to address my.::.1_ if I might just momentarily to three major .=tees;. F:.rat of ell, i `c lire to _..:_-educe some evidence before this com- mission of t:.e of operatic::, _eet. c. :.' brief history of Burger King and what they do eed : a tvice o`' operatf.cn, ehe ..act thet the applicant operates two other 3L::cor :.i: , .:hat, he's a 'b:aek men that . tartcd as a sweeper, was able to get a Eu: .3:r t..he was in an ere a i....t wee .... that time... Mayor Ferre: iqurray, we've got a ,.robl_:.. The problem is that we've got a real big to do for John Lloyd in about 1.. min Etas down at the Miamarina. Mr. Sa.:.s: Your honor, if it. is for Jenn Lloyd then we'll defer to whatever is going eo he dcne for him. Mayor Ferre: let int tell you. We can do one of a couple of things. We can keep on Soi.zg i:,i_ about 10 minutes and then break an come back or we can just come back after lu.lch and near your item and just have a clean sweep rather than cutting you in half eha= way. Mr. Sams: What is your desire, your honor? Mayor Ferre: .'e'.1, I'll leave that uj to you. I don't want to make that decision for you. I'r. just tolling yeu .':at we've got to break in about 10 minutes. Paul, we've got some objeecore here that rr,ay not be able to cat back, I don't know. We'll have to sec whae the will of the majority is around here. Mr. Andrews: rx. Mayor, we've already taker :', 10 and 11 and I don't think the employee representatives who are here would m:nd coming back first thing this after- noon but _tee , 7, 2 an 12 they_ could be heard this afternoon and other than this ite:.t we cook break :or lunc n. Mayor :'er_ .. .':,e c;ur.::ticn is do vet think we can get through this item in the next 15 or 20 :.sinutee? Mr. AndrewL: I doubt it. Mayor Ferre: Well, if you want to give it a try I'm willing to try it. Rev. Gibson: Mr. Mayor, that lady ha: to go to Mercy Hospital for an operation at 2:00, she lust told me. Mayor Ferre: Airitht, let's see if we can just keep on going for a little while and we'll have to play it that way with out apologies. JUN 171976 Mr. Sams: I just mi'lt,t say this, that I have received a specific objection that the opponents of this; have and L want te addree myself through expert testimony to every single one t(i those including one that wIs not actually listed there but was raised price: to t'rls time. And t.:h(_n 1.:1:_;t.ly 1 would like to call as one wit- ness a man who will testify about the beneficial impacct that this will have on the Grove and in the specific area about which .I am speaking. If I may I'll go ahead and call the ttrst witness. I'il ask that Mr. John Lucas step up and be sworn. `4ayw ?e r-e: Well, ! i,i.s is not a court :rn(1 we do not have to go through all of that., eu)lnsr,lor. Mt. :lams: Your hoeel , whatever you want t„ do. We' it:: talking about conditional use and we're maki.nr, (.(:rta.i.n representai. iuns about what... Mayor Ferre: That'r. alright, it's ')n the t'eeord and 'Ou know we don't swear any- body in. You go right ahead, Mr. Lucas. Mr. John Lucas: Tiia::t-. You, Mr.. Sates, Mr. Mirror, Mrs. Gordon and gentlemen of the commission. My name is John Lucas, 2000 c'or.l i Way, [Miami, Florida. I'm a real- estate appraiser and -;onsu itant and eon 1 .;(; consultant. I've been requested to examine the proposed i.t5e t0 be eonst.reet t',1 by Mr. Tay ir)r on this property occupy- ing the northeast ce‘ner of Margaret :,treek eed Grand Avenue and the southeast corner of Florida i+vontle and Margaret in : %( enee Grove. I have prepared a small broehufe depicting the property, 3e1>i.:: it,e the zoning Application and a sketch that shows the au;(1 i•.:d zoning in the li::t-r i( t .i:; well as on page 10 a small copy of the site plan that has been modified as •3 result of our meetings with the Planning Depart'ceit -,t.(1 (J(!ttiu'J the benefit of their input into suggested changes that might tend to deviate some of the problems that were raised by objectors at prior hearings. lie 1't ilrart(:T : i•iL ..0 .,5, 11,1Vt: t},(' 1'11 t1113? Mr. Lucas: I don't :,. !Lev.. ;;o because my meeting with Mr. Dooney and Mi'. Whipple took place just ago and then we worked around the clock with the engineers to have the exhibit prepared. So I doubt that they have had that opportunity, Mr. Plummer. . Rev. Gibson: Well, n '1e we need t'u :iayi than counsel - one thing we believe - that. .we've got to have an open open... Mr. Same: Open; oe,. and .here•'., not1t11.:; -:lewd about this, Reverend. Rev. . L Son: :;7' ne l , i( r: iti: voice T:te000i'o ' i) on' e attitude right now. If those :::L.jector; have :,cc sear .cat, mr,.n ---- :•o: only that. Let me tell you, Mr. Mayor: .,'ant to t .. this (;c1itL'.1ss:.on ehee theee .> :opee have told me. They said that tnis thing has i' en T, istuonec: ar1:1 :'i7:; (-pc,ned. and postponed and the people who are effected could iee Like any more time off their jobs to come here and protest. That is an indictment on yovarnment. Gi:: A'idd you know what they told me? That it stems as if tht:. boas who have it 1'.ilow lcw to pos,:pone and postpone. If I'rtl lying one: thin c.; a 1 '.I' eo iurt:, I will ca l t names. And you know what? Those people are not i;r. lak? Mr. cams: May I a(idP ecs myself to those remarks, Reverend Gibson? I don't know whether this is dir(-('ted a _ me... I esker'. ,_hat it be postponed because I was employed in this let('. beaus of my schedule I asked Bob Davis, I felt the com- plaints that were registered at one time w,t:: that the people who were objectors were school Leacher';, one of them was end that et a time when school was out it would be easier `t,r ' t1em t e • e here. ihe r-eec: a is repleat, rind I will name the number of objectors, t 1.at ":pj,eared at i'2'7 hearing prier to this time. There is no deg<i :u in any wey, Reverend, to keep a; tybod,' from objecting. Your original s tdtemen : 1,, •ca 1?len the`: = have pr I ,_,(1 would not be in the open . Now list: .'.:_' teil 1.- have tn.: i': P, '.,:tich I am prepared to ._.. a:ai.t' the objectors said, and I t::_' L Ul:!. c:n. ..i y', !_;:SL tr.: r '? .:"}:;c:::ie i for instance with, here is the original _ e�r:rc:.. ri ' r ;:( rc : as- >: e:.,_ cone clearly within the advertis- ing. Neither c): <,: r le::i! vary one :1brec. t: _.:a the advcl tisement. In this one there was a two-vey. :;!:,'rI ',_everything the? ! l,:tlniat3 has asked to be done we have done. We :)ut w., t is uF, here, we put. ex'. ra landscaping. This is a $600,000 project Iv a black kepi: that started wine n broom in his hand, reverend and I'm proud to repre_.ent t;iti heee. A:td tile's dorm.: everythin,... Rev. Gibson: Cou:r.(:I . I wart r;, tell you r_ttis. I know more about that broom than you will ever (jec t;) know. Ch yes, I dal :tecause I am the broom. And let me JUN 171976 tell you this. It's nice to tell me that but those people who have some very fine homes ought to be protected. I'm going to face the conscience of this commission this morning. Beautiful, go right on. Mr. Sams: Reverend, when I get through : have no question that I'm going to get you to say that what we've done is everything we can do. Now we agreed and I'm going to show you that this not only will le:prove it, will increase the value of their property and wall meke it far fa:: :re :Pleasant for them than it is now. This was a two eeo .. ti:e ,t along here the. e sy had so that one of the concerns that the peo):..-. teefl •vas that 'x of _a woe le out here, exit out of here and turn left and go do,:, 71orida AVenue creating ee itional traffic. We got expert testi- mony and our trafic survey sowed that when people exit they customarily go to the major thoroughfare which would be Grand Avenue. In order to try even to go further than that we shifted that and made this into a smaller, increasing the amount of the berm and of the landscaping, made this a one way street which makes it less attractive to Burger King but would be more attractive to them so that traffic would enter here and exit on Margaret, put up a no entrance sign here, put up a sign here that says "Left Turn only" so that traffic exiting from this would go to Grand Avenue where our traffic survey shows first it doesn't affect the area of the objectors and secondly where there is no traffic problem. Now we've got all sorts of traffic studies that I've presented to the commission and all I'm saying to the commission, and I'm in sympathy with your position, you know that about being in the open. I'm not doing anything behind closed doors. I don't want to take up what you said but what I was trying to do and we didn't have time to go meet with them and talk to them. I would have loved to have done that. But I said to my people, "Redraw it, try to draw it even if it is detrimental to us so that it is more beneficial to them taking each objection they have" and I have every single one of then from the value of the property in the neighborhood, the noise. I have decibel charts that show chat on this vacant lot at the present time noise comes from this filling station across the way and comes back here that with the set up we have here, and hr. Dean has prepared this in some detail, with what we have prepared here, Reverend, there will be no where near as much noise for these people .s there is right now. :and this whole concept is a beautiful concept was dons wae ep'rcved by Plannine, recommended by Planning. We have made change efter chenrre after chance to make .:hi, fit the pattern of Coconut Grove. You know : owned a business ric-;ht c.om t::: street and still hold the mortgage on that business eed for years _I've heard eseele coming and out of here saying to me, "Can't there be horse link between the b1eee cemrlunity and the white community, can't there be something to draw the the elcee together? Can't there be an elin- ination of the.t r o-cal_ed wail?" And her: .'o_ the first time presented to this commission ie no:: cnie e beautiful gong:.a one in total keeping with the Grove but one, Raveren.i, going to tie the Oep t get .er. Now I've got expert testimony here on every point that I've stated. I'o hiding to present it and I want you to know that this is •'ithie the and 12 to .4 people were the most that ever aooearec:. The record shows that. Rev. Gib. on: Counsel, let Tire aeS foe* yo.:.r forc;iveness in the words I use about not in the open. l dion't :,-pan that. meah the fact that you drew it the second, this trr:e al.d they did not wee it: L: ie t.c - o you know to me says something. Let me react. Unlike ar.! member on t.,_ie co:sn_sc.or. I hnow the history of that property. Ok? Unli;:e any' of the ?leonine pee pie _ .:no: the :,ac.:around of that property. Ok? Some of the people you ieC her` would zell you that even the business building on that corner was not supposed tc b: these. Oh vc_;. ?+lit? I came there 30 years ago when that was a fish and poultry :,ar;_et. Ok? Rtght: Ana you know chat? Let me enlighten this commission. Ri;ht across the street, hr. Mayor and members of the commission, is a similar establishment that has eot been able to go because the need wasn't there and t'ain't there now. Kippers, is that the name of the place? It used to be "Champ Burger". And yo:l can't believe it: Champ Burger was nice to me when they got out of bueinese. Al'. their cups and all that I still have stored away up in a loft there at _.he church. You c..n't believe that. Ok. 1:4 ckeee ,was there when they were h :.e the last tire an they have since closed because they c. uiCn t make ..:. . _`c ell I'm seeing L3 you is see those people over there they hi', _ eeee :: eee eaetze yce keelwhet? We just got through argeile. i:,_:.Co.._ that err c.. __ ;u: .::1_'? iLl. . was in svinpathy. By the way, .. oetes .:c tell ye.: tees. '1':... '.__?i:1ieg nepertment, I Iray be wrong, didn't originally recommend it. Isn't that rir. L. Mr. Acton? Right! Well you know how I feel. And het ::nowwhat's very int». Ling;? Everybody who is opposing that lives nowhere near _here. All those young pea :_u who cemc crown here the last time talk- ing about jobs that t'ain't necessarily✓ s'. I hate to do that to a brother and he doesn't own the land. Let me put it all oe the table. One thing I promise as long as I sit on this commission I'm going to call the shots as I see them whether they affect white folk or black folk - I promise you that. -29 JUN 171976 Mr. Sams: There's he r;uestiou in ate/l;; '•. '. mind rii+s ut. that and certainly not in Mine. I have been before this cornmi r;'i t i>!1 t; r rC v i t):li; o':casi ons, never on as popular a one as this ono. The last time 1 ane as i here i ouldn't find one proponent to stand up and the room was filled with l;eo l e Who were opposed to what I had to say. Rev. Gibson: I i e1nc•mher. Mr. Sams: At this tine everybody in this rooms say I think three are in favor of this. I don't thick that means anythincr ae lly one way or the other. What we are oroeosir to �� •1t exr: ; t , ... , ;,r_.r:y which I think will convince you, Reverend, that: _t ;lking about doing aeaething fine for this community. Now if you think for ., nt:lutc what can be •1;)i.r' 4•1t.h that lot, what else can be done you've yot a 'U) to,.t ;trip. What r.;;•c:' y .0 going to put on there? You've got an apartment next do.r ono is ilriing the h-j :k lots ler conditional use that is an eye sore. This is goit, 1 to carry an improvrt -:lt impact all the way down that street. What can you possibly put on it? Rev. it's want that game. Gibson: Co i , I waft to agree with you. All that you're saying is fine, beautiful. I,at the people who are :,ring to have to endure that traffic don't it. The net:,:,_ right next to it, =t;i't tell me about_ the second house because beiongs to Bl n;r,inthal and he is an ,ahsent.ee landlord. You know I know this Mr. Sams: I'm not to line eoe about ur1yhedy, I'ra saying that if anybody believes, and I'm very serious and I'll present expert testimony on it, if anybody; first of all one of the complaints mplaints addressed to this was the fact that people are now parking on Florida. This is not ooinri t0 produce traffic for Florida. This i what .I have experr t t':;t imoney here anti r don't see any way in the world that this i8 going to presen ,rt'ii tior.ai t'rat tii . ! apologize for the digression. Mayor 1 err e: No, 1' '', alright .1t;:1 • 'r.te t' F..rfe;•t 1 ;' entitled to do any digress• loll that you fee.l i e It t h(' i r! t err'tit 0! `,'c'n : Melt .i`]d you do 1 t well and you are a savable and r.es,t.' d attorney in :Li ;-o;-t:-iunity. We all respect you for it. T1i' problem now is ''1"'t this obviously .js ,l controversial item. It got turned down, as you knot, • 5 to 2 at the laonine Soaed and the Planning Department recom- mended aYprov;:._ •a . r 3r,d you've hear.1 Father Gibson's statement here and I don't see that we'.'t. . i;. ) : eaelVt= it _ `; s.. . !'a unless. And you want to put on some more testi:ic ny 're entitle:. Mr. Sans: At thi:; ooi nt, your honor, the ':nly testimony I've had is 5 and I don't know what crr_ iio; i rt•' that has. Mayor erra: Well .at has plenty of credibility with all of us but the point is that you're ent t.le •o put on any... Mr. Sans: 1 lifer t hi_; le t i i:. way is I could and I would like to add you know rive ;-.;t • 1.; ee people hero snd t_Oey've done a tremendous amount of work. I've got •i rtan her( J1;o':; don • a traffic survey, I've trot Mr. Doan who''i -lone the noise impact. Mayor Ferre : Pie 1 , ; unfortunately out et of John Llcyd and i eel t here at 2:00 O'C1.1cr: that's acceptable '-o like to be heard at. t the record since you _: have that, what you don't have now is time. So we're just : espec t for "e.i rs of de 1 i cjence and hard work on the part of respect for John we really must adjourn now and reconvein at. 'h i rah tiine 1 ' i be nappy to hear you continue your case if you and to the lady eni to the other opponents. Would you his time? Alright, why don't you make your statement into won't he able to •c>r.:e hack hert.' at 2:00. Your name and address for the rcrr,rct. Mrs. Grady Di::/.ins: 'Thank you. My name ., ' its . Grady Dinkins and my address is ":201 .:o_ida A-.v_:._ . I with m a:.. -'.= 1 va;: 21 :c_ ci i :Av>-:r, . aer .',.._ _eer deceaesI ':1,::::'Laa a, wore h e _ .re . - ..... te the !. at the '1.-ne ..'_ _'.:, z'1 I have . :Jt,._c.:.. foie ::.a::ing it 1 w;.t.. ; 1.....e CO spea.1 t.-. • you were teyi::^ +. o improve the cendi t i cannot speak for 1::. We are very .'1:;+oo: '.'i tlout the Burger King. We oppose it, we do n'ot want the l• cki.rlo lot and T dei't care 11OW many plans you draw we will not app''o'.'e it. ..o •.;oil%: rather r yee not try to plan and think for us because we are able e to :o :'- for cjrsc_'.1ves. '_ have a letter from the homeowners in the Coconut Grove corraaul:it.y and the letter tends as, .follows: We the undersigned homeowners in i::le. Coconut Grove COIm:nUUJ.r y do oppose the construction of a Burger :2 year cid God child, Regina fer her this morning because , as:•i-:. Sams mentioned that we ick at that time and was unable evt tion that we have on record down I had planned to make to you but be - sir that you mentioned the fact that `=c-r us on Florida Avenue. You really O JUN 171976 114 King Restaurant on the 32/5 Grand Avenue block. We oppose, at that time you said 6, waivering of 6 of 30 required off-street parking spaces on the above site and to permit at 3280 Florida Avenue lots 6, 7, 8, Block 21, use of above site for excess off-street parking in conjunction with Burger King Restaurant proposed to be constructed at 3275 Grand Avenue with no opening on Florida Avenue zoned R-1 (One Family). As homeowners and taxpayers we feel that said restaurant would cause decrease in value of our eroper.t;, eoeld add additional traffic problems, additional pollution„ incra se-2 '_neee e in noise that cannot be controlled because it would he filterea ar egh -,: 'm Burger King, loitering and gang hang-outs. I+_ would cause slums in . _:_g'hbo_hood and ruin the atmosphere of the block. Monday of this week which ea:; June i4th I went downtown Miami to the public library. I wanted to read crime reports that are on file in the library on the second floor. I was particularly interested in crimes committed in park- ing lots. There was so much information on file until I will not have time to relate to you this morning everything that l read. However, I would like to ment- ion some of the items that I read. I'm sure the members of the commission remember how women ahve been killed and raped in downtown parking lots and even in Dade Junior College parking lots also in the past months. And I would like to call to your attention to two articles that appeared in the news media about amonth ago or maybe a month and a half ago. If you remember the director of the radio stat- ion WQBA's car was bombed in a parking and the gentleman was critically injured. I also would like to call to your attention another article in the Herald paper, I have the paper with me. Sgt. Dick Dingler, head of the Sheriff's Crime Prevent- ion Unit reported that the most wanted iteru on the radio store shelves is a citi- zens band transmLtter receiver. Thieves are ripping out an average of 500-600 CB radio sets a month and peddling them for $150 to $200 a set. Sgt. Dingler said that parking lots are happy hunting grounds for the thieves. They sell them in parking lots because pawn shop owners are afraid to buy them and, of course, it is a dead give away for these thieves because the parking lots are unattended and they can go there and trade whenever they get ready. So you can see parking lots are very dangerous especially if you happen to live hear one and this one that you're talkin: about putting a wall around will be right in our yards and walls to me are just insults. I do not like dirty walls. You have no guarantee that after you sell this land to Burcer King just how clean they're going to keep that wall. They can do anything they please about it, it wouldn't make any difference and you wouldn't he able to do anything aborts it but we would have to live there with it. Tn,= I .Fouls also like to raentic,r _hat when I read that you were going to ask that. a Burger incKbc constructed 275 Grand Avenue I was very disap- pointed and T_ was shocked as ve...;_ ::.ecaus. It was just a little more than two years ago when we made a Comprehens .v.>. `:;. udv c= Coconut Grove and in this plan it was outlined how Coconut Grove would be ueveleoed, the the businesses that we would put in Coconut Grove and we would think of the safety of the residents and the taxpayers of this community and now to have to be faced with this type of build- ing, we are very very .unhappy. Vie do not need Eating places in Coconut Grove. We have over 20 right here, I mean just within 3, 4 and 5 blocks of each other. And those people can hardly survive in those places and some have had to close down. So what are we going tc do with another eating establishment in Coconut Grove? We just really do not need it. I don't think that the land should be abused and I don't think that the beauty of the Grove should be destroyed and I don't think that it is fair for an outsider to come in and have that R-2 land that's zoned R-1 (single-family) zoned land on Florida should be changed just because somebody wants to build a Burger King. You want to know what should we put on that lot but on my side on Florida Avenue why don't you put the homes over there. We have asked to buy the lots but we have been denied. ?nd then all of that property down there does not belong to the owner who would like to sell anyway and what are you going to do about tee lend down there because you have not bought it and I don't think you will buy it? So I feel that the Burger icing is not a very good business to put there and the oarxine lot, we strongly o ,pose having a parking lot pur in our front yards and having all of these gangs .oming in, thieves, dope peddlers and everybody e16e to use it for their conveniences. I ask this commission this morn- ing to please deny the Burger Kleg construction at 3275 Grand Avenue and do not allow the parking lct. I wish ee than;. you very :much, Mr. Mayor, for allowing me to speak because I ...m scheduled fee surgery and I will not be able to come back this afternoon. Thank yeu very much. JUN 171976 ITEMS TO BE FLACED ON FALL ELECTION BALLOT 14, DISCUSSION ITEM AND DEADLINES FOR SUBMISSION THEREOF Mayor Ferre: i would like for the r.otrtmission to know, ---this has been sent to us by Mr. e uthern, but I would like to reiterate it in case there are some questions. It says, ---"'This office has received a communication from the Supervisor of Elections of Iiet ropol i tan Dade (;odor y regarding of placement of an issue nn the fall '.:111,,:. 5c_cni.:e of the i::_'nt l.i' election they have informed us that that etil ,..:tc ay_abie for mu:.cti,.il issues is the 2nd primary of September 2bth. deadline for the city to submit t any quest ions to fade County is July Mtn." That means we wou id have the meetings in July to bring something up. The election; divisions has also stressed the wording of any questions must be brief due to the crowded ballot of the state, county and federal questione. Do you know of any issues at this time Mr. Andrew;; we have been thinking about: Mr. Andrews 'No Mr. Mayor, one is the Potentiality of the Southern Bell Telephone negotiations and second would he another matter 1 wanted to discuss in your absence. We were coming to conclusion about a 40 vs. a 100 million dollar bond issue, , ;find the commission pretty much concluded that it would be a 100 million d.-1.1; r- bond issue, i : :ii 11 ion sanitary sewers, 10 million fire and 20 million street lighting. Mayor ferry': : think that is very dank;errru; I don't know how you want to do 1 t . 1 had r-o firer eo for the 1U ;.1r,i;t the 100. Don't you think? The other tt,iu, could we put something on the first September hnllot? Mr. Andrews. ',;rpadent 1' not. Mayor Ferro: !ale onto thing we could do is on the 2nd September ballot? Mr. Plummer: Tee Southern hell franchise, if there is to be a special election, they h:iee to pay tor it, and we could put these other it2mw on at the same time. Mr. Andrew: i de- problem is, that would have to come after September. Mr. Plummer: this bond come at any time. issue for sewers, fire and street lighting can Mr. Andrew-,: .de have one problem as far as sanitary sewers is concerned and the second one is the street 1iehtine. it is going to depend on the bond funds as one t nsei bi 1 i.ty of fundint that kind of program. Mayor. Terre :.; a ivatt:er of pri:rcipie, you may recall. that I said 1 think it is absurd For file Commission in th'. ':ity of Xiami to continue serving for $5,000. a Year, n amount that hay: r:: changed in 23 years,we lost that one in the previous elect inn. The Miami. News has a valid point. They said in their editorial, that nce"✓ subscribe Cc the idea: they thought it was resaonable, but they didn'r Think it should be or anybody in office, that if we did it, so that for future commissions, 1 thin;: we ought to put that on the ballot again with that ciu:nge. Perhaps change the at:;o,Tnts a little bit, maybe lower somewhat, instead of 15 we might want to ;c uown to 12. I feel so strongly about the justice and equity of that, that f want to i)ut it back on the ballot again and I would like to tell you i intend to do that anc offer it in a motion sometime in July with that provision. As you recall it 1.5 and 18 thousand for the Mayor, and now I think we ought to do it 12 and 15, and we ought ----- Mr. Andrews:- --it ought to be . f :- .ct ive December 1, 1977. Mr. Lloyd, it/ Atter ney : Your se:se:iele of meetings, 1 see is July 22, that should be th' time you should r.hrioi for to get that on, and should be paused as an timer; ..ncy ordinance at. that time. . You have a 60 day provision in the Charter, you 'fiellldt,'t wall utrt i 1 .It:ly 30t1t, even though that is the deadline. Mayor Terre : Cow t.o ,u we wait': Mr, Lloyd : (in can 4.';i i t 'tot i 1 July 22nd, for September 28th election, Rev. Gibson: I am opposed to eecluding the present commission. JUN 171976 Mayor Ferret It wouldn't exclude the present cotflnission. Rev. Gibson: T am going to run. Mayor Ferre: Miami News' editoric,I is that it is selfserving for us to pass it for ourselves. We got defeated pretty badly. From a practical point of view, what I would like to do is put it on again, change it a little bit, lower the amounts and also say it would not become effective until after the next City of Miami general election which is November of 1977. It would be for everybody, for all five members of the commission. Rev. Gibson: What I am saying is, two members of the commission will not be running. Mayor Ferre: That is correct, but nevertheless I think it is unfair to pay two members one rate and pay the other two a different rate. It would be applicable to all, after the election. I want to make that clear and so instruct the City Attorney's office to create such a think so it will be passed on July 1st, al] three bond issues. Mr. Lloyd: The bond issue may be a little difficult to get by July 1st, but the others should offer no problem. 15, PREPARED RESOLUTION "JOHN Si LLOYD DAY IN THE CITY OF MIAMI" JUNE 17, 1976 FOR RETIRING CITY ATTORNEY The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-599 A RESOLUTION PROCLAIMING ::E 17, 1976 AS "JOHN S. LLOYD DAY" ON THE OCCASION OF HIS RET7A'5NT AND EXPRESSING THE SINCERE APPRECIATION OF TEE CI7 „' THE LAW DEPARTMENT AND FELLOW EMPLOYEES OF THE CI''": ')T7. MIAMI TO MR. LLOYD FOR HIS DEDICATION TO THE POST OF i,:';Y ATTORNEY AND HIS COUNTLESS ACCOMPLISHMENTS DURING HIS TENURE OF OFFICE (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 1.1nolo Reboso Commissioner J. L. Plummer, Jr. Commisc•ioner %,2v. Theodore Gibson Vice -Mayor Rope Gordon Mayor Maurice A. Ferre NOES: None. NOTE: The City Commission adjourned for lunch at 12:25 and reconvened at 2:30 o'clock P.M. with all members present. 16, PERSONAL APPEARANCE MR, MARTIN YELEN e?? `9N°° !FIN � T000 DADE COUNTY LITIZENS SAFETY A Y COUNCIL Mayor Ferre: ! will recognize Yr. Martin Yelen for 5 minutes. Mr. Martin Yelen: I appear today nct af; councilman for West Miami or Dade League ui Cities but rather in my position as president of Dade County Citizens Safety Council, an organization T_ know you are all familiar with. Over the year', you have been helping us buy safety and lives. Last year just by way of bacl'ground, you have always contributed. 11111111111111111111111111 JUN171976 Mr. Plummer: Mr. Mayor 1. make ;t motion that we instruct the Manager that the Safety Connell this year he raised to the $15,000. level that they had been in the Ii.e4t Mayor Fer.rt?: 1'h !y were at: $12,500. Mr. Plummer: They were cut to $12.,500. The following motion was introduced by Commissioner Plumtner who moved its adoption,: MOTION NO. 76-h00 A MOTION 01 INTEN'I TO MAKE AVAILABLE FUNDS IN THE AMOUNT OF $15, 000. FOR THIS YEAR'S ALLOCATION '10 THE DADE COUNTY CITIZENS SAFETY COUNCIL Upon being si•cotded by Commissioner Gordon, the motion was passed and adopted by t hi following vote: AYES: (ommissioner Maeolo Reboso Commissioner (Rev.) Theodore Gibson (ommtssioner .i. L. Plummer, Jr. lice -Mayor Rose Gordon Mayor r Maurice A. Ferre NOES: None. CONTINUATION OF MINUTE ITEM 13- BURGER KING RESTAURANT 17, DENIED BY MOTION Mr. M.ivrcv ;i!:e: :•1r. Mayor and members of the commission, T would like to rapidly .i( ar u;: a couple ofthicgs that were brought up this morning, I am not sure T inderstood then ccrrecc.iy. First I would like the commission to know that d is proposal was never rejected by Planning. On two occasions it was deferred, and on the third occasion it was recommended by Planning. I have checked with then to make `,arc my records show that very clearly. Secondly I think one of the most important things is that, and 1. went hack to get this becju•n, there was some discussion this morning about whether or not this met with t'.e Planning Study for Coconut Grove, and the statement in the Planning Study which 1 '_mink '.s so important. is that long recognized the major link between bla.I• Grove and the village center, the three-quarter mile length of Grand Avenue from Douglas Roau to Main highway, presents an excellent potential for new development. Grand Ave. like 27th Avenue is an important and highly visible entrance to the conunuaity that needs to he developed with quality, low scale uses that will effectively bridge the distance between the two retail centers, precisely whet 1 was talking about. Last, but I think most important, and this has been somethiu;: 1 feel strongly about and I ina,, have had some role in this, because I have wonted along with these people as ha'; Mr. Lucas and Mr. Dean and Burger King and riii• Waiter Etling company in influencing Burger King and Willie Taylor to take tle position of trying to do something really fine. Under the code and I have :t drawing here 1 wou.lc: like to pass down. This isn't an issue of Burger King or no Burger King under the present code. This can be built. It will look like somoihiny terrible in my opinion but with the parking spaces required, if you didn't have the conditional use, you can put the 30 parking spaces on there, you will eliminate the drive -through, you will have exactly the same traff'c roblems. if not r,uc.h worse. You won't have any landscaping, you won't have e; i ;i] i' fine looking Ure _i'pe of structure. You will simply have somel.hi . :milt 1 ehie; JCL i;u • nor_ and doesn't meet what we need in Coconut (,_:;ve ;nut whit we wari:: ie Cucu ;tit Grove. What het:ter link between the white enci blael community than a res.teurant, a social type of thing where people will ,2o, tlii!-; is a clean type cf :easiness, and would he a grand thing for Grand Avenue. 1 would like go right :ortJard, rapidly and without wasting any time, ask Mr. Lucas to make r short statement, If you will John restrict yourself 11 you po:sibly can to the -areas of working with the Planning Department on a very brief Ira::is and the values that will be affected in this area. Mr. Lucas: Thank you Mr. Saws. 1 am the same John Lucas that appeared here before lunch. When I was asked to review the site plan, the initial one that was offered to you just now by Mr. Sams, which could be built on the front part, and also the new plan for the use of the property to the rear, 1 hasten to meet with JUN 171976 the Planning Department of our city, get their additional input particulary because I was appriued of the ob.jecttonh to certain uses at certain design criteria, being incorporated. 1 therefore reviewed the plan which rests on the front easel. which was the plan that was submitted with the application and resulted in the i'l.nnl.ng Depart-rn -t' rete=e-tdaticn of approval. In order to accomodate rro.;t of the e jections that were raised, even to this plan, I a make further suggestions and met with the engineers of Burger King to further restrict this to intensify the landscaping shown on the first scheme to that which was shown on the second scheme. To also impose the one-way traffic restriction on the interior of the site for this reason. There is vital concern by the property owners lying to the north. that the increase of traffic flows in that area and the resultant activities of customers and employees would result in adverse effect on their properties. This method of traffic control would direct to the extent that it is possible for private owner to direct traffic, to exit southerly into Grand Avenue. Under normal circumstances, traffic will tend to reach the major boulevard in the shortest distance possible anyway and no doubt would have exitied Margaret going south to GRand, but of the traffic that might be tempted to proceed towards Florida, the internal :sign restricting it to a left turn only would tend to reduce that activity. Ladies and gentlemen you do recognize that the depth of this lot that is zoned C-2 is quite Sallow, only 90 ft. in depth. This is a result of a prior widening of Grand Avenue. As a result any use on that C-2A part is going to be a maximized type of use. By permitting this conditional use whereby the com- mercial property can be oriented to the C-2A portion lying to the south, buffered by this extensive landscaped greenery and parking lot would tend to reduce the severity of any development that: would go on the C-2A portion. C believe as a result of this development scheme, rather than there being a deterioration of values in the b1.ocic to the north of the subject property, in fact this would tend to enhance it over the uses that would ctherwise be put in that neighborhood. Mr. Sams. I believe that is all I have to say at this point. I will answer any questions the commission may have. Mr. Plummer: The thing 1 am trying to do is get this verified that this is what tey can build. Unidentified person: I had Mr. Jimmie Dean, who can answer some questions on that, draw that sketch, and I think that meets the zoning commissioner. I am going to ask Willie Taylor step up, I have a couple of questions. Rev. ;ib:.on: I mean to tell this commission some of the fears of the people in that area, because the counsel mentioned it this morning. Counsel, those apartments you refer to. You see that woman there, God bless her soul, she and I gave our lives to get an semblance of order that we now have in the Grove, Elizabeth Virrick, a woman I will never forget. I want to also tell you this. The agreement they made Mr. Mayor and members of the commission about those apartment to the south of where you want to build, is part of the reasons the people feel as they do. You see, the city gives those variances and all that agreement businesses and people don't keep them. And you know what? Don't tell me, because i don't want to mention an incident that took place in this city as late as yesterday morning. That was an obligation, and the people have a right to be concerned. You know, I see a couple of the people here who, you talk about that linkage, don't tell me. I have given 30 years of my life talking about that linkage. It s.s a funny thing,some of the very people here today, never could see that. And all of a sudden, this God answer to the maiden's prayer. Remember, preaching is my hussle. Since the commission is going to be dealing with this matter, :hat always die.rures :re is, we want to take the right of the people and make a privilege for ot-ncr:•. It ah..,.vs disturbs me. You don't have that parking. Let me say this Mr_ Mayor, if he doen't. ,get the parking he is talking about, his business would not be es valuable as tl,ey have it on paper. Counsel, those people bou.ct the-ir '.:times, ----I remember up in that very area, white folk didn't want black foil:- .-o live up there. Mrs. Virrick knows I am telling the truth. Those black ocople in spite of all that, went up there took that ,gamble. 1 want you to know c•h;:t is happening here today. One thing about this business, you; ought to let old pec:ple die. If they live long enough they rehearse the history. If I serve no other purpose on this commission, I serve the purpose of continually reminding r.::r.y of my friends of the history. Mr. Mayor you need to know that the only piece nr property you have, commercial, parking of any kind is behind those apartments that they refer to this morning on Florida Ave. I live there. The rest of you ride through there. I eat it, I sleep it, I know. And I know practically everybody who lives in those houses you are talking about. JUN 171976 Jai Mr. Sams: Ito you believe that f wouldn't like to see that change? Can you look at me and tell me that you think I wo'rldn't like to see that change? Rev. Gibson: Counsel, I have no problem with what you want, or like to see. You don't live there. counsel. When you don't like the hell that is raised there, and all the picking cff in those parking lots. You and I were on that other team. Nobody need think you and I are adverse. But I. happen to know Counsel, when night comes, ---I am a guy, my number is listed and they come to my house. Ask Mr.s.Virrick, any hour at night, when they are raieing hell, I have to live with It. Not another member of this commission can feel the anguish of that area as I. I go through it daily. Mr. Sams: I had some genuine beliefs and I adhere to it as strongly as any principle I have ever stated in my life, that what we were trying to do here, was to help overcome what you are talking about, which I think every person in this room feels accutely. I won't speak for every person in this room, but I speak for a majority of the people in this room. I say to you there must be motivation, Reverend, and some of that motivation may be financial. We live in the United States of America, and many time that things are done, there can he a com- bination of things. If somebody doesn't want to build something that he is not going to make money on, and that may he a motivation for him doing something fine. 1 am representing somebody here who, as I said came up tough and hard, and has been afforded an opportunity to transact business in an area that also was described a rough, tough and as crime corner, and he runs a clean, smooth fine organization. The organization that he works For evidenced in him enough faith to give him a second one, and offer him a third one. Rev. Gibson: 1 am concerned about this third one. i am not going to deal with one and two. Mr. Sams: Well, Reverend let me say this. When he got those he had people saying, ycu know . He has done a great job with them and he has really gone all out to try to design this, gone along with what everybody has asked him to do, gone along with everything Planning wanted him to do. He has even gone further than that. 1. this isn't an improvement over what you could put there, I am a sadly mistaken individual. I wouldn't stand here and say T have faith and condifence in the fact that this will create, the general. improvement. The experts believe this. I have been in the Grove a long time, and 1. have been down in that section. I was there last night at a meeting down there, and 1 don't know it like you do. You live there and so you have a natural advantage in saying I am white and I dont' live there. That is not the issue here. This is not a black -white issue. This is an issue about whether or not this link will be beneficial, and it will, Reverend. tbn Rev. Gibson: 1 don't want to tell the other part of this story. Let me say this. I am for progress, and all that jazz you are talking about. But you know what is very interesting, Mr. Mayor and members of the commission? Right across the street, ask Mr. Acton and Mr. Ferencik, right across the street is a similar thing that they have to close down tw3 or three times in the last two years. Look, you must thing because I am black I am foolish. If you all were going to live there and tolerate all of that, I'd say be my guest, But you won't be there. I am getting tired of all the people who know whatis good for me, and don't want to listen to me. Mr. Sams: Do yot feel that Burger King with their survey on this, feels with all their money they are willing to put into this, is not going to make a success. REv. Gibson: Thnt is not my concern. You heard what that woman said here this morning, their wien you have a perking lot, ----forger what she said. I know from personal experience. What is happening in tnis community these days, an awful lot of us need to bear the burden. Our conscience needs to bother us. When you have these parking lots unattended, and all that kind of business, we make it very accessible, and I hope I. don't have to say any more than that. Mr. Sams: Reverend, this closes at 11 o'clock at night and is walled in and landscaped. Ir will be lighted and as I understand it, and I have checked with the State Attorney's office, we need more parking, not less. MOre accidents happen in the home than anywhere else. That is not an argument for the elimination of the home, and crime occurs in areas that are unlighted, and unprotected. The most heinous crime in Dade County that all of us remember occured in a vacant lot, like exists there right now. We can't stop that but we can improve the situation. I don't Ini!!omil!410.!1 o o!nuulni...i Low JUN 171976 rogue With you. I simply state my position. 1 don't agree with you Reverend. Rev. Gibson: 1 am going to say this and hush my mouth. Mr. Mayor, you know what is very interesting? Some of the very people here who are telling you now, to do all this development rhere. I want the commission to hear this. J.L. you live in the Grove, you and Rose. When HUD wanted to build housing on that very same land, those same people saw to it, that that particular piece of land was taken out of HUD's priority. I hope all of you get the inference. Mr. Sams: I have no knowledge of that, and I don't know what the implication is. Rev. Gibson: Fortunately you don't know, hut I am sure those who are affected understand. Mr. Sams: I don't understand the implication because if it means it was taken out, there never should there be anything built and everytime anybody comes in with a program or a propoasl, that because of that blight that may be or that property, nothing can be built on it. I don't feel that should be the attitude. Rev. Gibson: I will be willing to build on there what can be built on there. Beware of Athenians heering wreaths. This is what I would like for the cotmnlssior, to du. Say to the people, since you could build a junk yard there, and yot, don't need a variance to build a junk yard. You know what will happen, they wlil have to live with it. Counsel you drove me to that. Mrs. Elisabeth Bettner: Father Gibson you mentioned about that area supposed to go for apartment houses. I think you mentioned just a few minutes before that, that the result of the building on Grand Avenue we have those apartments on Ma_garet :;trcer_. I was the one in '53 who had that taken out of that area, the: blighted arcs, so there wouldn't be a 10 story apartment building there. The p cple in the neighborhood did not want 10 stories there. We would have pushed sluts farther up in the Grove which we did not want. As you mentioned about being here a lorg time, I have been here 39 years. The Brennons have been here 51 years, and Mrs. Potton,ho owns the lot was born and raised here. So we know the history of that block. I have ell the papers clipninge on it. That block has always been a controversial block. About 10 years ago, a four story building was supposed tc t;o put on i.t, then tilt.: post office was supposed to go on it, then it was a shopping center, now Burger king and there has always been the same objections to it. We feel times have changed and the area is changing.We and have discussed what we can do with Grand Avenue, the development on Grand Avenue. We feel that starting at Grand Avenue, :McDonald would be the perfect answer. Burger King would start the development there, and it would not use federal funds. We have nothing of this type in Coconut Grove. We have a lot of eating places in the Grove. We have nothing unlees you go and sit down and be served. We have no quick -lunch places which would benefat the working man or the young people coming in. Another problem of C.A. is how tc find employment for our youth in Coconut Grove. The only jobs available this summer were the ones the federal funds had to pay for. That employed 230. Burger King would have about 25 or more young people. To me that is very important. Burger King needs variance for parking, yes. But a variance was also issued to the theater across the street which I understand is going to open up in July. There is another restaurant going up on main highway who needed 61 parking places, but the.,' were waived. Now, 61 out of 61 was waived. How come do these have tc be taken c..re. c . I listened to a program the ,.t}.:-.- tight on the radio. It was Nat Marsh. He was a black man. he was say.a; tee black men who invest in the black community is to be commended. I think Mr. Taylor deserves a commendation for doing just that. He has proved he is capable of running c good business. He has two other Burger Kings and he is helping his people. Mrs. made a remark tc the newspapers. She says she feels Burger King would bring undesirable elements to our community. I don't- feel I am undesirable and I habit Burger Kings all. the time, only I have to go to Coral Way and Le Jeune Road. I notice in the Herald also that Nixon Simley and his wile are moving back to north Grove. And they add, is this a trend? I think north Grove is beginning to pick up. Also may l quote Father Gibsee. Maybe what we have to do with the people of Miami is dare them to take a forward look. I say to you, please take the dare and take the forward look and let us have the Burger King. For the good of the majority of the people and the community it will serve. Let's go forward, not back. 6,7 JUN 171976 Mr. Sams: I only say this by way of proffer. I had a very detailed noise report study done by Mr. Dean who, I have stated what he will testify to, i have had detailed studies on traffic. I have a traffic expert here. I have had studies done on crime. I don't want to take up the commission's time, I think they knu,.: whit I can present by expert testimony, in an effort to try to show that this is nit going to have any deleterious effects you have been talking abocit . Mayor Ferre: l understand. Mr. Sams: I am sorry. I got off in other areas. Mayor Ferro: Von have done a good job representing your client. Let's see what the will of the commission is. Mr. Plummer: Not that it is a big hearing, but it would be in my mind, you client Mr. T.+:lor. Does he live around this property. Mr. Sams: No, sir he does not. Mr. Taylor where do you live? Mr. Willie Taylor: I am Willie Taylor, I live at 3271 N.W. 182nd Street. Mrs. Gordon: The only question I would like an answer to is the sketch that was shown to us as to whether or not that could be built a sketched. Mr. Acton: We hrr»e looked at the sketch Commissioner Gordon and it appears it could be }built:, ieit without sitting down with the architect to discuss in detail certain di:nentions, we can't respond. It looks off -hand like it could be built. Mayor Ferro: From a cu.ory look at it, without being specific, you think it might be able to be built. That is something you would have to reserve final judgement before yeu saw it? Mr. Plummer: 1'1l make the motion. You may not like it. One of the things I Yearned back in the Zoning Board, the many years I sat there, the reason I felt a conditional was put: on certain things, not only for the wisdom of this com- mission, but for the purpose of the people who live in the area. I have not heard anything but c.p;,:-,;. tt i can from the people who live in the area who do not want it. I think that is what the commission is entitled to hear. I am speaking of the people who are :surrounding this Mr. Sams. Mr. Sams: it v()u want them to stand, we have people who live in the area. Mrs. Bettner lives in the area. Mr. Plummer: Mrs. Bettner wouldn't be affected by the noise from the Burger King. She live- on Florida Avenue, but in the 3100 block. Mr. Sams: iF ,1 sketch I would like tc have marked, ---I know I am fighting a losing hattic here. Mr. Plummer: You are fighting losing battle in my estimation, not based on zoning or based cr the noise factor. I think there is a noise factor associated with any kind of Lustness. The mail I have received and the testimony I have heard here tod,ly, people don't want it Mr. Sams. That is pure and simple. In some ways I thin.:: .:.e_ CUI.:71. be cutting off their nose, because if I had my choice, of having a boutifa_ place or something like is proffered there, and it scares me that it can, there is no question which one I want. I can understand the reasoning. At least it gives them a full lot behind the hack wall, back to Florida Avenue. I think that the reason they have a conditional use attached to these things is whether or not the pe•np1e want it. I have heard nothing to the contrary. So based on that 1 have to make a motion to deny it. I offer the motion for both A and B portions. 1 .91" JUN 171976 The following motion was introduced by Commissioner Plummer whO ttnred its adoption: MOTION NO. 76-601 A MOTION UPHOLDING THE RECOMMENDATION OF THE ZONING'WARD AND DENYfNG APPLICATION OF WIT.LIE H. TAYLOR FOR VARIANCE TO PERMIT CONSTRUCTION OF BURGER KING RESTAURANT ON ,OTS 8,9,10,1.1,12 BLOCK 21, FROW HOMESTEAD AMD., AND CONDITIONAL USE OF LOTS A, 6,7,8 BLOCK 21, FROW HOMESTEAD AMD. F')R EXCESS OFF-STRELT PARKING IN CONJUNCTION THEREWITH 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. 1.. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Let me say to voting say, that we don't have in this commission I don't think end I would hope, what could be classified as legislative courtesy. On the other hand, and Father Gibson and I have been at different ends of many different subjects and have voted di`fer2ntly on many occasions. On the other hand I certainlh would not put myself in the position of judging this specific area in the ,a::.e capacity as he who lives there within two and one-half blocks of this o_.opert;: and 4•ho has his daily: life in that particular neighborhood and that particr l_::r area. That does not :.ear to say that Theodore Gibson has the right to di.giro to Maurice Ferre of ar'.bocy else, how to vote, or what my opinion is. I_ must say that I would have to have strong convincing arguments to the contra •`<' for me to vote in anoti:,way other that what Theodore Gibson has stated .c:re Today. I must co -::nerd you for a fine presentation, however I think Comn'li siu:l the will of the neighborhood is a deter- min:nZ factor.. We are continually confronted in this commission with the sometimes difficult decision as to whether or not wa uphold the integrity of the neighborhood for what the neiO,horfieo:. wants, nr whether we vote for something because it does overall good to the overall cc.m unity. This mor:titv we had another similar case. You may have been in the room when we talked c oc,,: the shopping center ir, the 37th Ave. vicinity, know also as Grapeland Eieiaht_;. In that particular case I also voted with the neighborhood not because the other people didn't have some logic and they did have good logic. But rather because I found there were alternatives, that could be chosen. They may not be alternatives that in my opinion Take any sense. I frankly I think it would have been Netter to open a hole in that wall and let pecple in and out of that shopping center. But on the other hand there are alternatives and the neighbor- hood didn't want it. I didn't see any :strong overriding reason for us to go against their neighborhood. There have been many votes in the past where we have voted against the will of the neighborhood, but it has to be E strong argument and again I s;iy we do not have legislative courtesies on this commission, but certain I think Father Gibson's expression here is a strong argument for this vote and I vote with the majority. Mrs. Gordon: I would like to make a comment also since I have been involved in Planning matters for many years, some similar situations h.!ve gone through very easily and quickly, but we recognize that this is an immediate neighborhood objection which has a weighed vote it o_lr opinion, and the immediate neighborhood is the consideration that is mine. 1 also recognize that your sketch does prohibit you from construction and perhaps you will develop a scheme that will still allow those lots behind it to be the buffer that the neighborhood immediately behind it, wishes to have, - J UN 17197 6 PERSONAL APPEARANCE UNIVERSITY OF MIAMI SCHOOL OF ARCHITECTURE 18' DR, GENES DEVELOPMENTNOFFFBISCAYNEOILVD. DOWNTTOWNONS AREAF BOAT RENTALS,PEDESTRIAN ACCESS, KIOSKS, OPEN AIR CAFES Mayer ferret ladies and gent 1f men , Or. Bernardo Benes, and the University of Mlduni h;ve heen patiently waiting for many meeting. They come here and it is almost embarrassing because, they sit through these sessions for 4 or 5 hoara malting their turn, anti this matter has been pending for over 6 months. I apoln.'iz. to Dr. Benes and all the members of the University of Miami School et architecture for the in convenience that we have caused. I apologize on behalf of myself and the commission and this time recognize Dr. Benes on item Dr. Benes: 'tr. Mayor and Commissioners, I am making a short presentation in two capacitip;,. one as a member of this committee and second as a result precisely of thie .I was appointed some months ago of the school ct architecrture of the University of Miamt there the Mayor is a graduate. No eLo llct of interest. Second I am going to make it very clear that the owners here for the McAllister lintel doesn't have anything to do with this promotion, Hi, conflict of interest. hir.Plumrncr: daw about the Columbus Hotel? Dr. Benes;;.e i t her the ownership of the Columbus Hotel. For a long time I have been a great believer that the economic development of Dade County is very closely re ld Ord to thy increase of tourism and trade from Latin America. I don't want to Burden you with statistics. F.1.U. conducted a report last year that says that in Dade County 500,000 Latins come to this area and spend, not in entertainment, not in lodging, not in transportation, but in purchase of goods, a half -billion dollars a year. There is a report, professional survey done by Pan <.;:eri, a„ Airw vs, which I sent a Letter to the Mayor some weeks ago, that states that Latin American really do not appreciate coming as tourist to the United Stat_s with the e:,ception of two cities, one is San Francisco and one is Miami. I v...y clearly stated Miami because it is a bi-lingual, bi-cultural community. 1 strongly believe that Miami is doing very little to enhance this concept, and I recognize the shines that happened. The Mayor and the Governor went to the trade mission to Latin America. Too bad I could not join you. Commissioner }eho_,o visits Latin American countries all the time. There is a fundamental concept of principle maybe. How do you make downtown Miami attractive. No: only de the Latin American tourist come here, and go maybe to Seaquarium and a couple of other things, when they can really not leave their hotel lobby after 6 o'clock because they don't feel comfortable in the street of downtown Miami. !t won't happen with building of big, huge buildings in downtown Miami. It will happen with ideas like the one Professor Preston will present to via, in a few minutes. I want to warn, and I don't know if you know, Miami ia losing the battle in competition with Orlando. Already, Eastern Air Lines has a direct flight from San .Juan Puerto Rico to Disney World. Delta Air Lines has a direct flight from Caracas to Orlando. Pan American has a flight from Mexico, Tampa to Orlando. That's one element of fact that is happening to this area. Second, the average stay of a Latin American family that stays in Florida is ten days. In 1971, they stayed two days in Orlando, eight days in Miami. Last year they stayed four days in Orlando, six days in Miami and by next year they expect to have eight days in Orlando, two days in Miami. I strongly believe that by building and decision and I commend this Commission for having funded dad oroaueeO the Bicenteaniai ?ark which we all are going to be very happy to eatimei ate July 4th, but the is,aue in my opinion is to create an atmosphere wnere people can go out to an open cafe concert and really enjoy the streets of ,'iiar;.i . t think that every unemployed person in Dade County will appreciate that. I:ver.y business in Dade County will appreciate that. I think this Commission ia going to enhance this concept because these Latin tourist, many of them are merchants. I'm not counting the money that these people come and they buy merchandise but for their businesses. Last year we had an export of two billion dollars of commercial merchandise sent to Latin America from Miami. I would like very much for you to listen to what Philipe Preston, Assist- ant Dean of the School of ARchitectural at the University of Miami have to say. And, after him very briefly having invited who is a resident of his area who has a chain of tour agencies all over Latin American in Miami. He has JUN171976 has also some very cold facts to tell you because I think this community has all the human elements to develop touch more this particular site of our society which will benefit all of us. Philipe Preston. Mayor Ferre: Mr. Preston we're very honored to have you with us. I know it's been a long time and we thank you for your „atience. Mr. Preston: -Zhaak yoJ very ;:t,cA. I would like just to show you one example of some of the wo:-1. th:,i:'s dons_ cur students. In this project I was generated b: i:r. Ber_s. the idea of t:,.._ ro?ect was to develop some identity of how the baseball park should be more accessible to predestrian.And, again this is an academic exercise. It's ju;;t .in example of what can be done but chose different ways that by means ao that the predestians along the Boulevard can have more access to the waterfront in this particular solution the idea will create some in front of the water with a small cafe so the small kiosks activities will make attractive the overall park. ___ is a very simple project is that the people will the park. When you have a concentration of people and an open space ycu lave the best condition for creating a positive survival. What we are saying here is basically that the University of Miami is very glad to cooperate with the community or with the city in developing this or other ideas and if you see any merit in this proposal we will he very glad to develop this in the proper way working with the professional top of the city. Mayor Ferre: Could we see that a little bit closer because I think that's a distance. Mr. Preston: While you see that I'll give you some of the specifics. The students of the University of Miami counted the traffic of cars coming south of Biscayne Boulevard tc Flagier Street. We strongly believe that by widening the sidewalk from the McAllister Hotel we could deveioe the first beautiful open cafe. The Commission could decide to build an over -pass for predestians. To really bring the most beautiful piece of land that we h 7e in Dade County to the people. Bayfront Park if you know well who is using Bayfront Park it's really being under utilized. Probably a eecond floor on top of the packing street in the media of the first block of Biscayne Boulevard between :.lac er S 1st Street will do a beautiful open cafe. By the -:'ay, the now retired c 'rr: of , Mr. Bush knows about this project for a couple of years e-:,' he's y enthused on the right coast of the first op m cafe. I d m' t kno..' t :e :Le_:31 aspects or I think this could be a sell financed pre-ect. First it's not ;:.. r::e millions of dollars cost , it could be in a couple of hundred thousand and seccnd I don't know the legality of this but it could produce revenue b.; giving thi: facilities thru franchise to operate those privatie operetors that .ill income to the City of Miami. I'd like to call upon Mr. Rubenstein, who is the , who has ;:een living in this county for a long time wh» has an office in Dowrtotrc >iiami who runs a travel agency in Peru as well as Mexico, Puerto Rico, Costa Rica, and Miami. Mr. Rubenstein: Mr. Mayor, Commissioners J.'m very proud to be here and be able to present to you some of the ideas that wo in the tourist field have. In order to promote the area, not only ie South America over in Europe and other parts of the world too that's becoming row more and more important. We've been facing a big problem -_<< the last couple of v_ e i,._: when Diseny 'o_-ld came into the area and I'm talking about the H.:.mi area L.cins the problem that tha people that use to spend here 10, i2, 14 days ar _ st: zd-ii:;; half cf their time in Miami and half their time up fn the middle Fart of ylorida. around Ficrida tourist attractions has been in the last: couple of ,'e rs, and we came down to the Orlando area where nothing was done up til .97O, got seven o:: eight in major attractions that many people spend almost all the time of their visit up in the middle Florida area. That buiidine specific up by the Air Lines co use other parts of entry in the United Stares, instead cf using the Miami International Airport. They are talking now about doin the Orlando jet port as an International Airport. All those things are ccrt7ibarinE; to tal inf; pcoplc --;ut of this area. Facing other problems too, for inee::r.ce, 1 say as <+ :x 1T.pie yu,.1. A couple of weeks ago we had a big tour from Sou.. i Al,e: _cn ,.s.;;' w _ si at the Everglades Hotel. Saturday night we wanted to take them ever to The Miamarina to have dinner. We had to call the police department and ask for protection to trust these people walking from the Everglades Hotel down to the Miamarina. I mean those things do not work for the Mr. Plummer: Why did you have to call to the police? Mr. Rubenstein: Because when we started to walk across the Biscayne Park the people started coming back to the hotel. Mr. Plummer: Why? JUN 171976 Mt. Rltbenatein: The elements that. were surrounding the area --- Mr. Plummer: How about telling me off the record, since you obviously don't want to tell me, afterwards I want to hear it. Mr. Rubenstein: That was 8:30 at night that evening. That type of thing does not help the tourism to this area and I believe that building major attractions or bringing into the Miami Area more attractions than the ones we had for the last 10,15, 20 years like the Sea Aquarium, the Parrot Jungle, the Monkey Jungle, and stopped, no more. Should help us a lot. 'Mayor Ferre: Well, I think every ---- Dr. Benes: Mr. Mayor, one little example, it is not conceivable and I'm not blaming anybody in Dade County or the City of Miami. A tourist that stays in a Downtown Hotel to take advantage of the most beautiful natural resource that we have and this is the water, it's a tough time for them to kind a boat rental when we have in the Miamarina the possiblity of running a boat rental but for people to enjoy our natural resources and we tend to think always in big projects, federal funding, state, bond issues, here we have a tremendous piece of land with really very little effort some creativity we can really do something and I urge this Commission to take initiative. The School of Architectural will support any work that your professional staff will be willing to work. The committee is behind it because there is nothing wrong with it and lets do it. Mayor Ferre: All right, Dr. Benes let me answer you in several phases. First of all, let me thank you and the School of Architectural of the University of Miami for your continued interest, input, persistence and patience. I think the guy certainly deserves recognition and merit and the community is fortunate to have people such as you that care. Now in this specifics let me go into the specifics. I think in principle and philosophy I subscribe to everything that's been said by the three of you. We get into trouble when we try to implement some of the things here. As you know there was following the Mayorship of then Mayor Perrine Plummer and after the establishment and the construction of the Miami Public Library in Bayfront Park there was a resolution that was passed in the legislature that prohibits, literally prohibits the construction of anything else in Bayfront Park and that was done because there were a group of citizens that were really basically insensitive to the idea that would eventually be covered with buildings. I can say that it is a feeling similar to the situation in New York City with Central Park where the people of New York have not wanted to encroach on Central Park in any way. Now, I happen to have been one of those who are on the other side. I happen to have been on several occasions, one, who believe that's where the Convention Center should have been built, that's where the Tivoli Garden should be built and many of these things. But I've learned over the years after being defeated several times that there's a strong will in this community to maintain the integrity of that opened green space or ugly or pretty as it may be and I've used all of the emotional arguments that we should have a park for people and not for pigeons and been booed;down voted down. Because,I will take the credit and I will remind you that I've took a lot of so-called editorial heat. In which, of course I've grown rather used to,but in those days I wasn't so used to editorial heat, and I remember a rather dramatic and strong editorial in one local morning newspaper against one Miami Commissioner, Maurice Ferre for having the nerve for even bringing this up a vote and the matter in that particular case they happen to have been right and I happened to have been wrong and after it was all over I put my tail between my legs and lowered my head and I apologized. I said I was wrong, I'm sorry. The will of the majority of the people of this community is not to tamper with that park and we will not and I still maintain that situation. Now, that speaks to such things for example, as an extension or a construction or what -have -you. Now, that does not mean that we can improve what we have. That does not mean that we can put more trees or that we can put a little kiosk here or but it has to be rather small in scale, there cannot be any construction and what you're talking about is trying to humanize the park. I thank the University of Miami, but let me tell you that we have spent several hundreds of thousand of dollars with a very famous and I think a very good planner and landscape architect by the name of Edward Durrell Stone,Jr. and he has brought to this Commission a revamping of our whole park which we have approved and we are on record approving it. And, that includes such things as the demolition of the existing Ample Theatre which is long overdue, the constraat- ion of a low silhouette new Ample Theatre without any backup so that there is view to the water, more use of Miamarina, improvements of parking, access, walks, statute gardens, etc., etc., Now, I think it is not substantially different from what you've presented. Now, there are a couple of comments that I would like to make on the positive and two on the negative side here. You have an additional Marina there yz JUN171976 • that cannot be done. Te reason it cannot be done is because that water happens to be quite deep close by and the water action there is unbelievably strong,curr- ence and otherwise. You cannot barber large boats there. Mr. Balfe is here, there ate other experts in the room on Marinas . Marinas have to be in safe harbors. As a matter of fact even Miamarina in r opinion, you know that there has been a big major controversy on that and a :rt of people don't like to berth their boats there 'becaus' if you've ever peen or a boat and I have on many occasions in Miatnarina you cn' t 7avc, a cup of e ` --e or a drink , you go up and down and eveoyti_ce a beat e ee e by vca're j;.:.,tLJI ::ver the place. And, if that's way on this side where it's p otected, imagine •:eat it would be in the open, so that's number one. Number two, the idea of making an extensive hoard walk out into the middle and creating a restaurant again 1 think would be very much criticized by the majority of the people of this community and I think they're right. We should leave that portion along. Now, on the positive side you're recommending two important things here. One, is the crossing up Flagler in a pedestrian way that snakes the crossing up Fiagler into the park a delightful experience, which now it is a horrifying experience. You don't know which car is going to hit you first and you look left and right and see who's making the right turn or the left turn or head on or whae-have-you and that is caused by the confusion of arterial traffic going in two directions and people parking and left and right hand turns all together at that one intersection. It is my opinicn and it has been recommended by many, many planners that particular intersection on Fiagler Street in front of the library should be closed and what it means is a little bit of an inconvenience for those people who are trying to turn into Fiagler to go one block more and make a circle around before they can turn in. And, if we can do that and if we can figure out some way to pedestrianize the access from Flagler Street into the park and in that particular immediate block create. I don't think there are more than fifty to one hundred parkins; meters there. The problem always is with all due respects to our good friend end eupport of Colonel t:itcheil Wilson that we always end up run- ning head on to the off-street parking -authority, so I would recommend that perhaps we sit down and try to negotiate some other parking meters, Paul with the Off- street Parkins Authority that would he .La substitution of those particular blocks that would be is the immediate vicinity c` Flagler Street. I'm just talking about one block this way, one block that. way end try to create out of that a garden and perhaps a cafe he we can have cne, eaybe two cafes, low silhouette, low profile, Buropean type of cafes where people cc:, r_ cut there and have a cup of coffee or a coke or someci1 r: and war,ch p.ceple t, c,r. or the automobiles dashing by. I certainly would ;e in fever or: that and = think that makes an awful lot of sense and I feel that perhaps we in I:Ais coauhun:.cy have well, I'd like to call it lnterama Syndrome w':ich is we want to bu-_ld everoehios so large and so magnificence and so franteaeic that we never do Perhaps if we take on one project, one, not ten,let's do enc. And t'_iat is tha e destr'_ar.izaeion cf the crossing from Flagler cn the city side to try to da ee E oxidis pace .acid, 'to bring the park into the city and marry the city toe the :,coat", and if we can do that, if we can bring the park into the ci..:y by in chat particular area perhaps beautifying and during some- thing to crows over perhaps, that might be it. Firr, a major attempt accomplishing something that goes back to -- my God, I remember oae time on the Commission around 1969 we talked about this and Mel Reese not all excited ran up to his office and came down with some maps that were about ten years old, do you remember that? They were unfortunately horrible drawings but this is nothing new we've been talking about this for years and years. Maybe it's time for us to get going. Dr. Genes: Mayor instead of one little project why don't we attack four small little projects that could he accomplished at the same time. Mayor Perre: Well tell me what they are. Dr. Benes: Ok, I think that the boat rental (forget about the Marina) I don't know about it, I don't think we should discuss the specifics. I think there should be boat rental available in the Marina. Mayor Ferre: Whec kind of boot rental? Dr. Benes: Motors end sailboats Mayor Ferre: 1;ig or small? Dr. Benes: Small, small that will include tug boats, motor boats and sailboats and leave out the concession and you'll have additional income in every hotel in Downtown. Mayor Ferre: 1 think it should be studied Paul. The argument of course-- you what the arguments been. There a good argument. The argument is that the water there is very dangerous. ./,7 JUN 171976 4 Dr. Benes: I've been there with my 17 footer and I have survived. I go every Saturday to have lunch. The Miamarina is beautiful. It's true that you cannot have a cup of coffee while you're in the boat but once you're out of the boat I think you can do it, that's one. Second, I would love to see one of the cafe in front of the McAllister maybe it would be a competition your restaurant there but I'd like to see a coffee cafe. Mayor Ferre: No competition, the boom bear is closed. Dr. Benes: Oh, is it, very good, that's second. We didn't know. Mayor Ferre: It's closed. Dr. Benes: Third, very well whatever. There must be a reason for having closed down that. Mayor Ferre: We were losing money that's why. Dr. Benes: I know because Downtown Miami after 6'o'clock is a ghost town. Precisely, this is the ... Third, I agree with you to bring the water close to the people by letting -- not even tourist, people who work in downtown Miami that want to take cff for a half hour they have the facility of going to Bayfront Park and the third one, which is I'm sure accomplishable is to put a couple of kioks in Bayfront Park and forget about a big ... Mayor Ferre: All right, is there a motion to those four items that the Manager be directed to come back with a full report on those four items. Hopefully on a positive vain and soon. Dr. Benes: Again, the School of Architectural, the School Committee with you to work whatever --- Mrs. Gordon: Will you repeat the four items please? Mayor Ferre: The four items are number one that we look into the possibilities of boat rentals in the Bayfront Park, Miamarina Area. Point number two is the pedestrianization and improved access from the city into Bayfront Park along the axis of Flagler Street so that it will be a more enjoyable, comfortable, safer crossing. Number three, that there be a study of bringing in kioks in several places in the whole complex and number four that there be a study of creating open cafes somewhere near that complex. I would recommend that we study the parking areas along on the sides of Flagler on the way to the park that we can make that whole area like where you have all these little cafes. Dr. Benes: 0n that we invision from Flagler Street on top of the parking spaces to build a terrazzo. On top of the terrazzo to have a --- Mayor Ferre: You better be careful -- Mrs. Gordon: You may have a people mover there. Dr. Benes: Yea, we wait for the people mover 10 years and then you'll find that all these people are going to be going to Orlando. Mrs. Gordon: no, 10 years. Dr. benes: We are suffering from -- and I think things are happening today. Mayor Ferre: Ok, those are the four items on the motion. Plummer moves, is there a second? Seconded by Reboso. Is there further discussion? Mrs. Gordon: Yea, on discussion. In conclusion, perhaps, on the sidewalk cafe concept. I would like to see that enlarged so that in the study of the feasibility of it for that particular location that the feasibility for other locations be studied at the same time because in my opinion that is a beautiful concept and one that I would like to see not just confined to a particular location, ok. All right, do you accept that in your motion Mr. Plummer? Ok. Mayor Ferre: All right, there's a motion and a second. Further discussion. Call the roll, please. JUN171976 it? The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-602 A MOTION REQUESTING THE CITY MANAGER TO STUDY AND REPORT BACK TO TtIE CYMTSSION ON TILE FOLLOWING RECOMMEFDATIONS OF THE MIAKE S(;:i0OL 6F ,6.,.:HI1IT,CTT7RE WITH REFERENCE TO DEVELOP7::LNT 02 nj..fCAIT E :;OULEVA.1) IN THE DOWNTOWN AREA: (1) POSSIBILITY OF LOAT IN THE BAYFRONT PARK - MIAMARINA AREA; (2) IMPROVED PEDESTRIAN ACCESS FROM THE DOWNTOWN AREA INTO WYERONT PARK ALONG THE AXIS OF FLAGLER STREET; (3) POSSIiLE INSTALLATION OF KIOSKS IN SEVERAL PLACES IN THIS AREA; AND (4) AN OPEN AIR CAFE IN THE AREA AS WELL AS OTHER SUITAiLE AREAS WITHIN THE CITY. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by The following vote - AYES: Cemmi3sioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commiisioner J. L. Plummer, Jr. ViceMiyor Rose Gordon Mayor Maurice A. Ferre NOES: None. JUN 1 7 1976 :LW !. A'EBALI_ ' T,`� ('.iM•- CITY MANAGER TO STUDY CONCEPT 19. DISCUSS1oN OF NEW WiDIUM NE `)RANGE BOWL -CREATING CITIZENS ADVISORY COMMITTEE AND APPOINTING PERSONS THERETO Mayor. Ferre: :1 i } s i eat , nw the ,ie::': item is item li 14, which Mr. Andrews I don't know how nanv p ,,! :wee :,er% a lt. .r..rr to hear about a baseball stadium. I'm sure there are ft ,., hit we aaee s:;::►e oti:er more pressing public items. Can we speak to the others en(' eo,1ie back t0 tee this one. Mr. Andrews: von k ao,, we':: e. to ►rick up an item ;t6 unless you want to --- Mr. Plummer: No, that. can wait. Mrs. Gordon: That' Mr. Plummer: Mayor Ferre: you listen Lo and that's th ? ,• They're ail the same, they're not for the public. just a routine i to"rr, I think. it, here t hc- r than item 14, 18, or 19? ; !k , IF that's the case then I'm going to make ,s,_ e ! ': ;t roll .:,.. t h, t 'ai so we'll just be talking to ourselves ,. ay,,•t:.i:i , item 14. Mr. Manager you proceed. Mr. Andrews: :' ,•. r r:,? :cr;r'.;c r 01 the Commission. This item was actually placed on tie , . , ;;r tae ,..,,r ce-e !: e. Mayor. I want to indicate to the City Comnissi::e in a general ral way some of the previc us studies and considerations that have been e!e, :, to the rseb,il i staalum. Note: The t;,,-t:a1 Mr. Andrews: agenda and : ::r,r ball st;3diu:: we got to make the City Cc;...._.. attract : r_.: Mayor's main, with the without e lac baseball :_ :_...___ accompli :_,: ball S t_c: n't r.L: ie of apu_o::az nt: ways. ?oc acco pl_s;:: spectator that the : developti r. line oehilc ae study 'f _..,. ball stadium attracting : the City of potentiality or community of outgrowi-4; ;:: Mayor Ferre: can--- I' u l J Y:t: to !tee ...route break. rYr:)1,.,„ t the Commission, this matter is on the r r,•cii+ to rh, 'ea;nr, who has been concerned about a base- .;,' i c, 1` t,, happen to the future of that stadium in that i:,,,i,. policy decision 1 believe on the part of :-.:• we -:t:•:rild go with organizing ourselves to or City of Miami and this has been the Ue 1: i tat,., studies as to what might be accomplished ie12: were a rather superficial studies study and there is a possibility the are variations as to how it could he :e city in the early 50's acquired base- G,0.)e.00 and since that time we really have- -r, the basic plan. It has a city capacity noorn for expansion in several different ee line and Lsuppose something could be ee ..-t2 let L :._ )c', so far as providing for greater wevc _ }: ::...,._c grand stands with the configuration the grand stands limits the amount of ; k� plc,cu dong the third base line and first base ►tt ; :. ' b >.e i ve that there is a way of approaching the ,.,.:;: ., ... t h:27't'., a study that's greater than the base- ;.:; i h::' - ;:i-:at. Is Ale Commission feeling actually about aa, ,ioes that relate to the City of Miami and i>>:l:,r'.•: tl:e ,,:;:ter Dade County population. What is the eaa- ,,.. , .,.►, h.: i , far as a sporting attraction in our :ItcI' '<.i ::,,- personally believe that as potentiality .h,. r cn::> s„ r t.s that we have in Dade County. Mayor I've bc'r. ..... in; :... forth mcnc:,2 i add 10, GG0 more r : and eve:'y .:. stadi uc: because are a le,. . _ee , Head Star._& :.t thing thee s: rr:. ,,,ci {V:h-t struck me fe•r t. :.t .::c cost be' c•'.•: e a half. Ok, nc,e t !,.• .. Earl Staab,:„ and MI arena in t::e land that Ce.o. (ou:t t space there to • lie i.:..e _.st of time cut through and perhaps we eow C t:uiasicners say this.. Every since I've became ,dreus a..c: we've been writing each other back and ; .,:e that old baseball stadium and could we ,'.,'.0 seats, could we expand the parking The problem is that its an old :I: do to it. It's in the wrong location have good access on highways and there ,; tr. _ eemleer oae. Number. two, I went to Arrow :mi Dolphins one time with the team. The t: ::';;gut stadiums) but the thing that really l'ecuutzed that there is a big difference in the . ,:seball stadium. A baseball stadium costs t•y:t. s tt::- ua all 0L t :►is was I get a phone call and I met with :?_►,.,.; i,, itrc all t!rese guys by trying to make the sports there discussion was let's take the 41:aa :.:!pa, n give u;; and maybe use that and we had enough 12 or : d, hOt : :..< tt•r, well doggone it, there goes Steve . ia'.zet- er JUN 171976 Calder, he's gone ahead and he's built one up in Hollywood without telling anybody and before you know there's the 16, 17,000 seater and believe me ladies and gentle- men the way this thing works is you get the stadium and you get the team. It just happens axiomatic. Now, we have a population of 5,000 spanish-speaking people mostly Cubans. Baseball is the national sport of Cuba. It's the national sport of Puerto Rico. It's the nation:.i spc. „ et'ery nation in the Carribbean. It isn't Socce_. ;h': say, well. <;_ ha;l .c.u_1: and the Torros -- who's ever heard of soccer i:. .,.ba or Pu21-:.. :.,c_1, :�',..';. veto :Zico ever played soccer, you know, baseba:l the gam.2. Now, what is this. We've been sitting around, fooling around waiting for Joe Robbie to slake up his mind for three years we spent thousands of dollars to do this to make studies. We've made engineering surveys. Now, what do Joe Robbie want? He wants a new stadium. We can't built a new stadium because it costs 50 million dollars. We can't get 50 million dollars to build a stadium. If :you built the stadium you can't afford, why not? You can't afford a football stadium for a very simple reason that the Dolphins will only use it 11 times and maybe we might get 5 or 10 or 15 more games, that's s-u-p-er, what' 11 you do with the ether 300 days that stadium sits there vacant? You see, you afford to be paying four or five million dollars a year in interest expense and have, a stadium that isn't used. That's the problem, that's the key problem. Now, why does Steve Calder go out and risk a lot of money to build a 16,000 for basket- ball and hockey, you know why, because most of those stadiums all over the nation are making money. Do you know why they're making money, because they're used for basketball,„ and how many basketball games are there in a season, what is it Bunky, 30, 40, games in one season? 40 names. See there are 11 football games to 40 or 50 basketball. Hockey -same thing, 30 or 40 games. So, right there you have --- then they rodeos, they have circuses, they have Billy Graham, they have the Rolling Stcnes, (I don't mean to put Billy Graham in the same category, but you know) they Fue the !.pace and the point is that if you go to most of these sports arenas around thc country you'll find out that arena is used for 250 days out of the _;ear.; and these are the ones .hat make a lot of money. And, they only cost about 15mi17.iori dollars. Now, we aiouid've done that in the City of Miami but we didn't. Now somebod'; else has cue it up in Hollywood. Now, let me tell you about t e baseball :;todium. We coup: build a baseball stadium here that would have 2f,0CC1 sea_, with :he possibility r,f doubling that and expanding that where you'd have 53, '_h::L' t+i,at ; ;u need for major baseball stadium you need 50,000 seats, but 25,006 1:,e-; n with and got going with it we would have a majo,: ic.Lgue in ] _1r3. Nov;, I've personally been called by the ow:.ers of .:h= i'i is a Pirater. . : o in the years past. I can talk about it now because _nc., don't hav'_ any ir,te e: t, but at the time they were very serious about. .. i.ii nf; _lu_ franc`.:._se or moving it down to Miami. Do you know what the question :'as could ee plo.' at C ::gage Bowl and we looked at that and we looked at: it. We can't do it, there's no way that you can play baseball in the Orange Bowl and that's whist the problem is. Now, _ '_t me go bacl: to the Orange Bowl, what is that Joe Robbie wants besides a new :radium. He wants parking, he wants chairb3cka and he wants better public facilities. That means bathrooms, access, wai .int' areas, escalatora, and all that. Now, we told him that we' 11 do it. It'll cost us io, 13, maybe 20 million dollars if we really go first class. How do we pay for it, he'd have to siLn a long-term used contract, that's where the rug is. That what one refuses to do. He refuses to sign a long-term contract, because he wants a new Stadium. Now when Joe Robbie becomes a realists and signs a long-term contract we can build a real good stadium cut of the Orange Bowl, be- cause the shell is there. Let me tell you I was using the figure 50 million dollars. I don't got 50 million dollars, :15 to _0 million is just the structure and the other stuff is just the amenities that go with it. Now, he doesn't want to sigh a long-term stadium. Well, ali right, here's what I'm recommending. What we can do is we can go about a systematic plan of buying more land in the vicinity. What does that accomplish? Number one it`il open up that area which needs more green space. Number too, we can start working towards having more parking faciliites available for the Oranfe 3o•.:1 , . n:: nu::bt r three it doesn't take much space to put up a baseball stadium. it :attL! ,:,:_ ;: the root that a football stadium takes and rise: the s.:n? parit:..nr:. 1: :a recommend that this Commission ask the ad:ali_:. „rd:ion to 3pend so:: e muruv and do some honest to goodness study of how much 1. nu we car prac_t i daily buy, an estimate as to how much it would cost, what kind of a =stadium could be built., wnu.t would it cost to build a 25,000 seater with possibi1itles of expansion from for 50,003. And, I think we better get going with this and not sit erourd waiting fci Joe Robbie, because I'll tell you and I love the Dolphins, ',.t I guarantee this time will go in support the Miami -Dolphin Baseball Team just as much as it will ::aa Miami -Dolphin Football Team and I happen to believe it and I think it's just z question of us get going with it and getting a proper stadium and getting it structured right and I think it's time for us to move into that area. Fr I" 911 V1111111 i+ IR JUN 171976 M. Plummer: Let m, ask the Ohvioaa 'iueat ingt, if we were to do that, what would we do with the all oho? Mr. Andrews: I'd rly we move it and Ilse it as part of the to go ahead and build a new ar:,diem. !,•:e've got bold there thats vary valuable that once the stadium is removed and t_onverterd back into private uses that that would be a better tiling to (10. Mayor Eerre: i' i ' t e1_ v<,u what wc'le do wiah it we'll sell it to Little Hud for a housing prea. a which is needed in that area and we would take ---- for steel wo'vd get a h ! f a mil 1 i.on da l l;!r:; tor sc'1 ape out of that and with that we could buy some 'awl and -.tart: all aver again. Rose, what I'm saying is this we keep hi ttint a Hank wall on this. I think what we ought: to do in my opinion there's a ler.;:;c,a t) learned to what ateve C:aider lust dial he built a stadium right away Irwin ',ought the hasr.etbail team and the next thing you know we're going t:n ha nroleslonal haak,'tball in a place that you can't even get to for goodness :;rik : . Mrs. Gordon: i'rt ing. :ilcre would we h,lild it? Mayor Ferre: oe. :'ri n,a%?r; :I point. I'm making a point that if we build a good decent baseball I n t eirantc•,• w, ' 1 1 get a baseball team here. Because I've had corlversat io-as with the (,I t t:shul'.'h Pirates that wanted to move d,,wn here -- there was some tli -. !ictll't move bemuse they didn't have a place to play. Now, T t;;i:,k: i. we build a stadium we could set a major league team down here and I tl: i r.s t wa'.• to go about it is .at the Orange Bowl, because we kill several birds that -ay. W,' 1 hay m'r( 1 lnd whi•,h we n"cad anyway for parking and perhaps, a b .:, t':.' , ataafea ce . t_; 1.:1 i "t what a i oet:bal l stadium costs, takes half of the srace .Ind w(_ ran )111.1d It in segments and what .I'm saying is I'd like - to see the edmi i io:, .,,'.r:E' , 1t(' the possibilities of buying more land around the Oeeaae aeal. l:hi.:h aolver one nt inc `Zobbie's big problems anyway, which is acc_ese ir. r,':!'.', it ;.:iv us more green :;par€ in that area. Thirdly, It mleat ee tit! .:e,:inn'ne of a . esnhall. stadium that can be used and then therefore rac l . 1 t ':,is weuId be much innr.e Used than they are now. Dr. Bern..rc1 :;col;.. ehtf fe I tn,.,_ I'm involved in almost everything, but I am not. lic:_Cc. 1r .461, ti:-st ;)t1;`it: a1'')ea.raare in Miami. Arena was in this Chamber with the ate :iay,,r King ill l:. ?'eI Neese to transfer the franchise of the old Cuban itI fl i;nrj'er to Miami. -It didn't materialize. I'm talking eb;,ut ast:'., took over Cub:: i was the lawyer for the Cuba sugar canes. and I tried i! i ITiemi with _ who was the owner. The last six months ai.c I t aillloli,;, a,ea ,:1! n the :'woo ,)1 the Baltimore Orioles. Mayor Ferre: i'e-e ea, i;c'rn:trd,l i ':t:lu,l Corr,'nt. I said the Pittsburgh Pirates, it's the iia1t.imare orioles. 4 Dr. Bernaiale Lines: i _calked to the owner of the Baltimore Orioles less than six months ago we w_l,:i L,i be`' in a community effort, twenty who is suing Miami, Blacks, Ci.,a.:ns, rici:, poor, we anre going to put $3,000 apiece and buy from the 3-altimarr tlriei:-s, the Miami Orioles to show to the United States that this the ;;es_ i— wn in :ii`nor leagues, but unfortunately they sold it to a couple of millionaires :—ram Hihome, ,rue. i eat a little late. Joe Ryan representing Okiahama, Le effere;l us 20'.: at tee (leaf. I said, no, this is a community p rojen`.. tc r.:a1.1y move f: st on this project. I have convinced theL :`leaf Lade', fa aatj..'i 1(',:_',ut.= t(-.wn. ltirnt:n r see the attendance in Baltimore L, or . , a1 ( )eaH e a h1=},•Zt wite e tender house'+'arm. 80 1 of time in the last f yea: s . ' r t ... last eears they have lead first place team and they are drawing I „r :;,t).'!: ,:ae le. :4iemi is a national major League town. I think that oae e . 'I::t . \'lt mteet ae tee . -:pan;iiOn of the present stadium. With an access e.:-ol. -: 1 ti �.!C:'i� ::,1,� : -. I oc,it_ •)hl it will enhance the area. The cost 1.1 . Mayor Ferre: , .) \ ( lane,: . heL .,:lie problem . : Bernardo, parking. You got to buy all this land to park ears for twenty or thirty times a year. Dr. Bernardo ben,... " in can d el,rn rapiu transit ---- Mayor Ferre: Me! w:h:; right, if 'r :1 remember Mel Reese wanted 10 make a big complex out of the orange Bow! , do vat.' remember that, to use that-- you know -- and I'll tell ', -tl z5 time goes by 1 end up being in part agreement with Mel. Reese for more thin,; .;nd t didn't 0:-,e to he. ,1(JN 171976 Mt. Plummer: Had to me. When he was here you never agreed with anything he did. Dt. Benes: I don't know if you know that the offices of the Commissioner. of Baseball for Latin American Affairs are located in this city. I don't know how many of you know that. Bobby Maduro is the head of the Commissioner of Baseball Office for Latin American Affairs in ::iami in the Northeast Building ---- Mayor Ferre: tes. Bo br `edero u_d ic's representing the American Baseball Leagues. He re.ore ents the Commissioner. He told me that if the City of. Miami were to do anything Like this that he would have the Baseball Commissioners and all of the top people down here and if we made anykind of a commitment to even think about it. I might point out there was another team that Frank just reminded me. The 0kland Ace, also contacted the Mayor's Office to talk about --- Dr. Benes: Today they don't have a team they sold all their players. Mayor Ferre: They sold all their players. They wanted to come down here to Miami. Dr. Benes: I urge you o really push that one. I think it's a natural. Mr. Plummer: Bernardo, why? Dr. Benes: Why, because --- Mr. Plummer: If Baltinore has a major league team and they're winning 80% of their games -- all right, ,303 of the season and they can't get people to attend the games, why would they attend lere? Mayor Ferre: Because they don't have 500,000 Cubans thats why. Mr. Plummer: Why doesn't the 500,000 Cubans today support what's there now? Dr. Benes: Because it's not being promoted right and thats why we wanted to buy our community airport to show that we can draw 3 or 4,000 peoples there a night there rather than 40)(0. They're drawing 4 or 500 people there. Mayor Ferre: Well, what is there now? There's nothing now with all due respects I don't mean to hurt arybody's feelings. Mr. Plummer: You trot the -- baby Orioles there now. Dr. Benes: Miami Orioles. Without the.:, we would have drawn 3, or 4,000 people a night. Because you throw a party after the game or before the game and -- there's nothing promotional in the Spanish media. What do Cuban -Americans do in this area at night, ve)ylittle. Manolo Reboso can tell you, very little. (applause) Mayor Ferre: That's wliat you call a real set-up. Bernardo I thought you were his friend. You real y set him up. Dr. Benes: I'm convin-ed that this is a major league town. If you want me I'll start moving --- wi 1 give you orders to move here secretly ---- Mayor Ferre: Al] righ., we're going to appoint a committee and you're going to head the committee. Dr. Benes: Be happy t). Be happy to. Mayor Ferre: Ok. Dr. Benes: All right. Mayor Ferre: I would Like to recommend as follows then: one, that we instruct -- oh-- there's one important point I wanted to point out and please I don't have an obsession with Joe Robbie, I really don't I happen to think he's a nice man and I happen to like in personally, even though sometimes it doesn't seem that way, but that's not tle case. I really think he's a fine man, he's a good family man and he's a good bisinessman. He's done a lot of good for this community. Sure he's made a couple of million dollars but that's all right, he's entitled to that. He's entitled to that and I'm a great supporter and backer of Joe Robbie. A lot of people don't like him, but I'm not one of them. I happen to one of the one that likes them. Now, ]et me say this Joe Robbie is an old trader from way back. Now, let me tell you about this issue, he's playing games, you know. We're sitting around now, it he realizes and if we go out and buy some of this -land and show him that we're serious and it we say you know that $20,000,000 (twenty million) 9.9 JUN 171976 we're going to build a baseball stadium with that instead of improving the Orange Bowl, Football Strtdium. He might want to come talk to us a little bit quicker and if he doesn't I' 1 i tell you fine. Ladies and g ti 1.emen there's no way that we can improve the Orange Bowl without having a long-term contract with a major uses that can finance Lt. ,i, (u.rwi . e you've got to put t:axpayc'rs monies. You don't have the money. We're not going to use taxpayers funds so it has to he done in another way. But I think if we vet on t lti v baseba l l kick bc'l ore we break ground on the hztaeball stadium. You have ., major team clown here and 1 think we could be well on our way and I strong;.:: r4 . ommend t1:;?t we at least spend the time and exert the effort to study this and coin hack with a fu i l proi4entat ion of cost and what can we do for how much and so on. And, secondly, that we get a citizen's committee and I'd like to appoint 1tc le like Bobby M iduro. Cookie Rojas, Bernardo Bends and people who really love ,in.i know baseball and know it professional to become involved and try to put this t o ether. Mr. Plummer: What do you want, do you want a motion to study? Mr. Andrews: But, ?1r. Mayor. 1. think that what you need initially is a little more information (In which to make further decisions and I. think that we can at least from the ;idmi n i -,t rat i'lo staff particularly with Connelly who's been involved in these kind of projects draw together the kind of information that you need and that the commitcommicLoo would Use in moving ihead on something as important as this. I think we can furnish you with better basic information than you now have. Mayor Ferre: Well, that's ail part of 1t Paul. All right, what's the will of this Commission? Mr. Plummer' I've never been opposed t) a study Mr. Mayor. Now, I'm assuming you;,-r going to do it from within, aren't you? Mayor Ferre: That gist money. People's time is money. (Initially from within until we can :sup; you with more information said by Mr. Andrews) . Mr. Plummer: We;}, let the just make one comment there is no way that I'm going to vote to hull:1 a new stadium without some kind of commitment of somebody using it. Mayor Ferre: I un,ierstand t.hac J.L., what I'm saying is... Mr. Plummer: We've got a chance of bringing big league baseball to this town, fine, I'm glad to .;0 along with it. Mayor Ferre: Alf I'm saying is that if we go up to some of these major league teams and soy hors' what we're willing to do, now who's willing to come down here, that we wit! :et a major league baseball team in this community and that's all I'm saying. Mr. Plummer: I'll olio r the motion to study it. Mayor Ferre: Plummer moves. Reboso seconds. Further discussion. Would you include in that motion the appointment of a committee that would also be a liaison committee. Mr. Plummer: CLtiren's Advisory Committee be named. Mayor Ferret Ok. Further discussion. call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-603 A MOTION REQUESTING TEE CITY }TANAGER TO STUDY THE CONCEPT OF CONSTRIt(:'f iNC A NEW BASEBALL, STADIUM IN THE ORANGE BOWL AREA; AND CREATING A CITIZENS ADVISORY COMMITTEE TO ASSIST THE ADMINISTRATION IN PHIS ENDE;. o:t, SAID COMMITTEE TO BE COM- POSED OF FIERNARDO BENES, CHAIRMAN, "COOKIE" ROJAS, BOBBY MADURO, ttc!N FRAZIER, TONY PER:: , CARLOS CUESADA, EMILIO COLERIF'.A, ALFONSO ItODRIGUEZ, :'ECUNDINO FERNANDEZ, JR., DEMI MENER!, AND WALTER PHILBIN. 5� JUN171976 • Upon being seconded by Commissioner Rebuso, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Rebus° Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon Mayor Maurice A, Ferre NOES: None, Further Comments after voting: Mayor Ferre: I would like to appoint Bernardo Benes as the chairman and all of you feel free to add whatever names you want. I think we ought to get some good cross sections of the community. In the anglo community, the cuban community, puerto ricans, black.';. everybody who loves and --- Dr. Benes: I'll be happy to provide you with the list of the twenty very disting- uished citizens of this town cross section. Mayor Ferre: That who know baseball. Dr. Benes: Yea, who arE interested in putting money to buy the Miami --- Mayor Ferre: Well, some may not be able to put money but may have --- Dr. Benes: I mean, ['l.7 give you the list of those twenty people who are Mayor Ferre: Uk, any further discus:.ion on item 14. AUTHORIZE MANAGER TO EVALUATE O. COCONUT GROVE MARINA PROPERTIES PROPOSAL Mayor Ferre: Mr. Manager, we are now on item #18. Mr. Andrews: Mr. Mayor and members of the Commission, I distributed a memorandum to you yesterday or thy: day before in reference to the bid proposals that we received what ::e identify as the Coconut Grove Marina and the bid proposals that we designed and submitted to receive information from prospective bidders based on potentiality of providing a least for the occupancy utilization and refurbishing of the entire piece of pro;- +.:rty including the water rights and also a alternate proposal divided into p.7ts in which two bidders if they chose could submit bids 4114 on (1) the upload portion_ and (2) on the water portion of this property. The city received eight bids and I've gone through an analysis of those eight (8) bids. And, I'm gointo ask the Commission to do something a little differently than we have accomplished in the past because cf the way the proposals were submitted to the city. : have thte, ar made, a recommendation as to two bids that we have rec- eived that I'm satisfie,;. I understand and could ordinary accept. Except that there is one bid suhniiti.cd by ayshore Properties,Inc. for the entire site that is a complex bid in terms - particularly in terms of the existing property to the south identified identi ied ;is the mailing property and the potentiality of the city acquiring that through a lease arrangement that was submitted through the bid. We spent a great deal of time analyzing this bid and we have so many questions that we need to ask in relation to that proposal that it is not as clear to me as I would like it to be in order to be in a firm position that either that is the best bid or bids that we receive from Bayshore. Marina, Inc. and Bayshore Marina Mall. I want the City Commission's *permission at this time to deal with Bayshore Properties Inc. to have t+:e ability to Fa to them to solicit further information before I make a firm reco mandati.on '-c _'::e City ., q.:•i ssicn as to which is really the hest bid. As I nave an: ' ,. ad from the r... _erid'_s that have been supplied to us thus far based on that ia: arrnation alone I ,;auld hava to conclude that the better two bids rather than one the City received +:_om Bayshore Marina, Inc. and Bayshore Marine Mali. So, I nerd the Commission ;.o understand that we would be taking a step differently than we normally would 'Lake . I would like the privilege of sitting down with Bayshore Properties, lac. and the City Attorney too, you'd have to instruct the City Attorney to particiaate with me in this so that we can further analyze their bid to make sure that we thoroughly understand it •yo that we can waive the merits of that bid verses the bids of Bayshore Marina,Inc. and Bayshore Marina Mall. 57 JUN 171976 Father Gibson: .t t. ttfe .lSr: t1 !Vit' i,,;i. doggone sure ! e.ai e Back ci1ut:ci:e.; _ asking us to to write the Mel: f wrong or t. con,>m. who all these pe,•, sure we unc,ersta,-i,i do me right. Tip,:: Mr. Andrews: !ve, I'm Asl•-ins; you to p.,:;r; r+ rnr)tton because see- ordinarily when the city receiee , l.ropos 11s. The pl-,pt,s;als are supposed to be clear enough in themselves so dint the Mr,nag r can come to the convention and make a very firm and definite re. eomenrint ion. 1 don't hive the priv1 lege of going to the bidders and saying what (lc :on mein by thi:-.. I'm permitted a latitude of sitting down with them and i+ite r•i>rr.t.int; wit'o them their bids. If I do that I'm sort of getting into an neeote are a and we w u1.1 t ry %o avoid that. But because of the seriousness cf t h : -, :,:it! the . -oi)e r i i er, that are i nv'A l.ved the potential acquisit- ion of the mai I in,• ;)rer,erty because that's -unu thing the Commission is on record in attempting to o, ';i; vc•. I want the privilege of sitting down with the Bayshore Properties,Ine t,irtin r ,ino lyze their bid and make sure that I understand it interpret it prep) i l.: rind than be in ;) position to recommend to the Commission. Father Gibson: `ir. ;moor, let int- .i.k •'1 question. I'm not opposed to the Manager. Rose, I want tc, sore yen 1ind»rst.lyd this. I'm not opposed to the Manager being eii i i ht cr:, ,.. 1 moot to point .•ut something to this Commission that happened to me as iatl oe Hterdos :i i 1 `;d'• t.ui.`.• to set the tone for what's going to happen for the r•. tha : f -c i e eo end maybe into the evening. I serve on the H.U.D. boaroI .1 ? to heor this) Steve would i:ear this today and shocking tc snow tee .;.t., I 1 :1 , 1 didn't tell him that at the luncheon this afternoon i . of. were _it ,;Ling_ wi t i; twa bidders, the lowest bidder was $14,000 less than the :`.,:t inn, :;o : want to make sure I understand where you're coming from and maybe bt, te-e so rt','t 'ii I'm reacting and don't need to re -act, but I want to i;u;. oeo ,-,r. ;u.,rci, uh., 1rlght. The lowest kidder was $14,000 less. The County was air ,i� .,ln., , s1,.....o with the man. The only thing that the man didn't do on a ant, to ;>i;>er, now t r:,er::',er he's already been doing business -- he said he c?i,.,,'iee ,, poter .:.,y'ei till: he would employ minorities --already he" signed one other i Jae.— iilt.i aee5ri't ;;mkt trim any different. So we on the board contented that: ten. ou,',lit to get the job. They called Jacksonville and Jacksonville .,.'i i, re-1,:d it, tit' the guy who vas there representing the County Attorney's cat i, t :1, moil we're ,;oink; to get an opinion very soon and I have every reason to ,:;L! opinion's going to be(ycu know) re-bidded. When I went to the mnatide "esLer.is: they had awarded the contract to the second to the lowest bid; o?_:. to tell me you got $14,000 of public funds with al i -- :“:ouad rbat you could give away $14,000 --you know what 7.ri:;,ia. i it);r_ , c , .is: if I read your memorandum, you know, then let me a step : _t-t:i _.. onetaur thin;; that bothered me I said, if you have bid this c '1t ':..: povement and improvement business. If you bid this cent::,- elf; pu, the :acts in here how are you going to honestly re -bid this ton_., t. i:a;>.-::Z_al! ". .:em. I'm not a builder but all clergyman better ,w _;a:.. mener teey're going to build churches! Since :er 1 ..•ii e' ht;, to save: money. I just hope that what you're k:i,)w_ eive ee no cross f_ re. I told the Board we ought, '.r nmisioi) ,in tx;)res:, our dissatisfaction. Morally it was S;;iy it was wrene. .`.ow, you know, before -- I don't know 1,• are. i t hi•t'r: yen; niieht Co put that thing on the table. Make t..,ciuser 1 don't wont the citizens to say to me Gibson you didn't 'a what ttiai :ran ..cis t,) say to us. Mr. Andrews: Ail,:, ;li i.e ':, :ir. Moyer ,gnu members of the Commission. I would be willing to ind ic.i , : hrit t:,,' r,_ :apt gall:,, to deviate from the information that's supplied us tii•_! k:> ,::c ': tuccs i o this can be I'll invite the other two proposals to .<'. t ,; : i t.te ly in a rooni and observe what takes place as far as the kinds of quc:stit.ne :fiat 1 oeed answer:, to from these people so there's nothing done in an AdmInie:mftive mariner behind closed doors that the bidders are not aware cf as to who?'hnppc.:; i ne. Father Gibtc:.: to unders'to -.: ..... nobody :,eeelt maybe you jeele here e.r;.it:. that big court r,., i. you know, when :, - only (i) the_c .' in the eye and God like to get the r .: ---- I'm only speaking for Theodore. I want everybody o<:re non, I :peak for Theodore. I don't speak for say my prayers at night, you know, t:, . to i::,i et --- Elizabeth Verrick's, who was ::e she and I w:is d, w.i before the City Commission one day in those :,nd we a. to talking about some houses and said, •,i.,es ;nu 1. pui i th.it sheet over me it's only me (Theodore) , I..,d) :;uti i got i e f ::t ,' at that point I got to look God dead ',>t to leek me eleAd in the eye. so I'm glad to know and I'd 0 t',' opeeei t fen right here because I don't want to be in that cross :.ire Mr M, or :,t;ci I hee. it will be an understood thing. We're not going to devia_e ;oH l'.il toil you why : am as I am. I just came out of one of those things and i mc,s mad .1;-, not heaven. 3 JUN 171976 Mayor Ferre: All right, Paul. Mr. Andrews: Well, I don't know whatelse to add Mr. Mayor. I've tried to indicate that this is a step that normally we would not take but I want to try to do it in the best interest of the city and in the best interest of the individuals who have submitted a proposal and ---- Mr. Toby Gregii n: Your ;_onor. I'm re.'resere irg Monty Trainor. We welcome the opportunity ''e.e pit.?: " :nc;rE:•:::. sal i ern willing to do so and are willing to do so. We believe that the facts when they are fully presented and fully heard by this Commission and demonstrate that his bid proposal is in the best interest of the city in every respect, economically as well as concept and otherwise. We would request that this be done in short order and if next week is available we'll meet anytime night or day during that week and could you please set this on your agenda at an early plate after the recommendations of Mr. Andrews can be m.ide heard and could this Commission decide between the two competittng bids? Mayor Ferre: Could we do that in July? Mr. Andrews: Yes and what I would recommend Mr. Mayor is that after I've gone through this process and I'm in a position to make a firmer recommendation --- than I have now. The Commission of course, has the prerogative and the privilege of having everyone of the bidders come turth and discuss their proposals. Mayor Ferre: Well, we would expect that. Father Gibson: Let me since I'm the culprit and I raised the question. Who are the opposing side? i know one man. Mr. Andrews: No, there's really according to my recommendation there would be three. Father Gibson: Ok, so that I could really understand all of you understood what Mr. Andrews said. You know that bid wasn't clear they say. Ok. Everybody under- stood that, you'all in accord with that? Ok. I just want to make sure I understand. Mr. Toby Gregrian: : thought it was clear but I'm glad you explained it further. Mr. Norman F. SoLomin: I represent Gut Island Charter,Inc. and we were one of the bidders. I noticed Mr. ?reirews makes reference to inviting the other"two bidders". Mr. Andrews, of course, I'm sur? didn't intend to invite -- Mayor Ferre: If L remember it was three bidders. Mr. Norman F. Solomon: Actually it was eight (8) bidders involved. If we are going to have a re -negotiation of the bids as it appears its going to occur and that's the only way I can interpret Mr. Andrews remark. Then, I think that perhaps the bids ought to be rejected and we ought to start all over again. Mr. Andrews: No sir. Mayor Ferre: That':; not what Mr. Andrews said. Why don't you re -state your position Mr. Andrews? Mr. Andrews: Mr. Mayor, and members of the Commission, because of a complication of one of the bids that requires further understanding on the part of the city this was an extremely ,omplex bid that was submitted to the city because it in- volves a potential acquisition of property that was not contemplated for acquis- ition through this process but was established through another resolution because that element is there ,Lnd it's worth understanding completely what is intended. I can read and interpr •t what has been to ::e but ? hay, so many more questions that I „gust .sk. i n,.c, rai. )se questions in the presence of the City Attorney will: tko ;e and 1 c id sayt: i.r lC two bidders pins this third Marty only te: *u5e I've :lnalyc thy' oth,,rs ar.0 the others do not measure tip to thy. proposals submitted by Bayshoee.:la_ina,Inc. and Bayshore Marina Mall, but to eliminat any doubt I'd invite anyone of the eight (8) bidders to be present. There are several reasons for the City Attorney being present in this meeting, nut only am I relying on him to assist i_. the legal interpretation of what this proposal is all about but I want the City Attorney there so that any questions I raise which I hope I will have reduced to writing before we go into the meeting that 'if I get into any area that smacks- of negotiating I will expect him to stop me. Because and 1'L1 make a tape recording of this if necessary because I recog- nize immediately that if we are going to negotiate this my recommendation to you JUN 171976 1 would be to rejekt all thy 1. id and with brand new bids. I don't think we have t o put th, thiAnwa Mayor Ferre: Mr. An,!r(,,..s and knowln;, you I know that you're going to 1,e very careful and very p:I.autlotts documentln everything a3 you and I would hope that we could ccmc ti 1uin on thi!; julv Int and on July 1st certainly I would want thts H,Hind ns, ,,11 knew led.)e the city For retirement I would like to have ;Ill tmckeff. Mr. Solomon: Commission? -Jvor, I call -.omethi.m_; else to the attention of this ene oi the bidders we have attempted to inspect the bids and unfertnnat;.ly :nteutt:,, we have been unable to inspect the bids, but 1 ;oiii ,all It.tu!iyn to bids of the first two bidders and we have asisercainea in Taitah;-!,3see aprryvimateiv an hour ago. Mayor Ferre: Mr. Andrewa: Are these opened bids? Mayor Ferre: H iPYan !al.dt the p,:htic ba!,; right access to them. Is there any reason why Mt. a,loman al't soe the whole pack? Mr. Andrews: ktiow the re:thyn why he was denied the right to see --- Mr. Solomon: 'eta aat-e ,ori-t;u 1 11 twit Mr. Fads had them somewhere'and he wasn't availo:-)1c. Mr. Andrf'ws: you that. .atite sometime with Mr. Eads I can assure Mayor Ferre: Let ce-ae you .,1r that those documents are public property and trey are avaiala.e to press and tney are available to you or any other citizen that want !- tL.m. is that right. Mr. Andrews? Mr. Andrawa: Ye, • '- Mr. Solomon: 1la:1- probler to be considered Bayshore Marina, Inc. is a Florida Coortion that was incorporated 15 minutes prior to the opening of the hid. Mayor Ferro: Wirt: that have to dc with it! Mr. Solomon: There are sora ea think ought :c to bring that to t Mayor Ferre: it's a parnerahi; ated yesterday 0; me I could care be a bona fik ;-)L welcome to go jaa H.vc hid wa !1 t et. attenrion e; pri6ably tiled prior to the incorporation tn the first two bids your honor that we d like an opportunity to inspect_ these bids property authorities. a Lait ae:Jeet "1-. Solomon but let me tell you whether . a- tta! at taa airporatton is TimBack Two or was incorpor- 1,i ta•attaoratee in a month means absolutely nothing. To at•aa iac,aporated. I. think the point is that it oai .:110 it Le ::yened to public scrutiny. You're perfectly LIOil. Mr. Toby Gregman: 1.1a reeammend that at these meeting with Mr. Andrews that we have a court r.:!wrter preent and that -- Mayor Ferre: Look, tai ( , a .atai of Miami is not going to go to that kind of an expense. We'll have a tape recorjer. It you want 3 court reporter you provide a court reporter, ok. Mr. Toby Ce:ea-.- , ' : . ..a- ,taa . Lc.e it. And, do 1 understand also Mr. Mayor ..ait ta.. aaaa a,.a.. bias ara preaa.atea ::;.on the recommendation such as it may he by the City >hi-ey thaz all bid.ra will have an opportunity to suggest why their bid is in tile hest pablic ietereat regardless of recommendations of the City Manager? Mayor Ferre: WeL, came to do it this way and the Commission can overrule the if it wishe. hay( aiaayt, on things like this accepted when there's more than three01, Mater nsadlty ring-; it down to three(3) and I would like to say that th-re's ei,Wr here. 1 think that the Manager should bring it down to three and :aalie t1.ra,0 can makv their presentations and the Commission can 111•111•11011111111111111111 111111111111 11111111111111111111 JUN 1 1976 make a decision from there. Mr. Plummer: Mr. Mayor, before I even think about overruling the throne let me bring up a point that I think has to be taken here. This is not the usual bidding procedure that this city has followed in as such. I would like the opportunity Mr. Mayor to myself look at the other bids and I'll tell you why. Mayor Terre: Well, you have that right. Mr. Plummer: Well, i want to make this point very clear. As you recall, when we put out bids put them in such a manner that we ask these people to generate a con- cept for us. Mayor Ferre: Ok Mr. Plummer., here's the way I'll rule then so that you'll be satisfied. The Manager will bring forth his three recommendations. If any member of this Commission wishes to bring any other party to be considered he or she has that right and privileges, is that acceptable? Mr. Plummer: Fine, fine. Father Gibson: Let me a question so I can understand. If the Manager has already carved through this business and found two people that approximately what the city wants and needs and one as already conformed, but there is a clarification he needs from the second person I hope now we're not getting in the position of re -bidding. Listen, so I can be intelligent when they come back here. All we are going to be doing is voting on the clarification of what is. Aren't we supposed to accept the lowest bidder? 41 Mr. Plummer: No. Mr. Lloyd: No. May l answer that Mr. Mayor? Actually, in this situation no bids are really necessary because this was for a lease and under the charter it is not necessary. This bidding is actually an informal bidding procedure to determine which is the best, so any provision that you care to make with respect to the rules or how it's conducted or any provisions that you make for clarification are legally permissible. Father Gibson: Please forgive me. In my anxiety I use wrong words. The highest bidder. Is that right? Ok, let me make sure that everybody understands. I ain't got nc money to give away. Mr. Toby Cregman: May I say this Mr. Mayor, please to Father Gibson's point. The issue here is not alone the greatest amount of revenue, although our bid gives that. But it does also a difference in the concept for the use of this property as to whether it's going to be the same old blight or something dynamic so that there's a decison to made by this Commission as to concept as well as revenue. We can satisfy this Commission we believe on both points and welcome that opportunity. Father Gibson: I'm glad you said that. I'm going to say this and I'm going to hush my mouth. Mr. Mayor, when I came on this Commission all I heard was the Dinner Key Master Plan. I deviated once and caught h-e-1-1. You remember that? And, I thought I deviated because I was right. Mr. Andrews for God sakes don't bring be back in that kind of position here, ok. Mr. Plummer: One point I. want clarified Mr. Andrews because it's been a point that we've had trouble with ail the way along. That all of the bidders understand one thing that the city will deliver that property as is and there bid shall not be hypothetical on something that they might want to do that would take authority from some other board. Ok? Mr. Andrews: You better .xplain that. Mr. Plummer: Ok. It's been brought to my attention that one of the bidders has proposed to do some filling and his bid is based primarily or in conjunction with that fill. Now, you and I know to try to get a fill permit is damn near impossible and that if his bid of his dollars to this city is hypothetically on that fill personally I don't think he's get it and I don't want him to come back later and say well, I didn't get the permit to fill so I can't live up to my obligation. We understand each other? Mr. Andrews: I understand. Mr. Plummer: Ok. JUN171976 Mayor Ferre: Any ether questions? Any the comments? If not, we are now through with item 18 and we move along CO item #19. Mr. Toby Gregman: 1 don't believe you voted on it. Mayor Ferre: Vot y,l on what? Mr. Toby Gregman: Was there a necessary --- Mayor Ferre: Ah , h, re is a tewessaty resnittt ion, that's correct, No. Mr. Plummer: I ntr=ve it be deferred to ,tidy 1. Father Gibson: ':, , 1.1.. not only do we want it deferred but we want it deferred based upon the rcqut ',t: of th- Manager. Let tine record show that. Mayor Ferre: Do you Heed a motion Mr. Lloyd? Mr. Lloyd: You a: , ,t., l 1 v don't need ,t motion, but instruct it to the Manager is sufficient. Father Gibson: t.,,,.,; enough. Mayor Ferre: Does the Manager want a motion? He .says, no. Mr. Gregman: ;•ir. ;1aV•nr, do I understand that the Manager will narrow it down to two or three hiuk that he recommends. Mayor Ferre: Mr. 't.f:t.t;•,,•r, you be:t, r listen now. The question is, that will you narrow it dos:i; t w n or three and come up --- Mr. Andrews: 1 'l.trrow it down to one proposal that I wi11. recommend. Now, that may take a • :r.c ;,.:.+t i In of preposnl that have been submitted. Or, one bidder. Mayor Ferre: Yet, i,nt let me put it. to •rou this way. I think any Commissioner here and 1 t hi: He, the rl; ht , I: at:•; of ,u want to hring any of the proposals out that it :ill t-..hire -,;,renody on this i:nnm1is.iiun to du that. 1 wi11 not listen '.:e e zht .ri ' ent:-at: ions. for eight !:ours. I'm sorry. Now, if one of you wants to bri.:nr. :tow. Cane of the Ccm-nissioners after studying the eight requests disagrees ,v,, ` t , ::c '•t;:•t :her• and watt-; to ::ring one of those proposals you'll have your day in _ou_, , otherwise .hc,t's it, ok. Father Gibson: Let nie na1.•. another technicality, maybe --- Mr. Manager I under- stand that ycu r,l wanted to ts11: with primarily, with two parties, two companies. i Mr. Andrews: No i r, one.. Father Gibson: Let me dart it the other way. You want to talk with one company but you .ant the company that gave you the best price for the city to be present to 'war. Mr. Andrews: Father Gibson: uk. 1 just want to make surf we understand that.. Mr. Andrews: In other words Father, it you were to put me on a spot right now and say I don't want you doing anymore studying or anything, who do you recommend. I know who I'd re omineud. But T wouldn't be so sure and I want to be sure when I teco:vend r•a the t:,tt:,m,s-ion. Father Gibson: Mr. Gregman:Mr. M;.vor, there's such a difference in concept between the two bid proposals and the usuage that they intend in the results of the city. Mayor Ferre: That exactly !`tr. Gregman why I want any member of tni( ,na;iission wants heat any of the be afforded :hat right and the .randier is going to and 1 thought he :ai ght come up with one or two but to come up with one. Well, 1 may want-- if you're hear his presentation and it he's the number one I presentation. to reserve the right if other parties that they come up with the recommendation he says he won't. He's going the number one I may want to may want to hear Mr. Solomon's JUN 171976 • fre Mr, Gregman: On behalf of Monty Trainor, may we know now that we may be heard regardless of the recommendation of the City Manager because ---- Mayor Ferre: I'll tall you for this part-time job I am not going to sit here and listen to eight firms make eight presentation that take one hour. Now, I can't speak for anybody but myself but I will tell you that's something that we'll have to cross. I don't know what the Manager's recommendation is going to be. Do ycu? Mr. C;regman: No, I just I know what it is. 1. know what it should be I believe. Mayor Ferre: All rl?;ht. Anything else. ,.,...r1r..,._" Lc-7 JUN 171976 • 211 SOUTHERN BELL TELEPHONE COMPANY - FRANCHISE DISCUSSION Mr. Andrews: Mr. Mayor and mcmbcrg of th" com^.iasi.on, we have been endeavoring to negotiate additionally since we reported to the commission last, I think that we have come closer to understanding one ar.other's positions better but the negot- iation process in relation to arriving at a position that would satisfy both Southern Bell and the City of Miami has yet not been achieved. And I indicated to the City Commission ar, outline or a procedure that we should followin the event that we could not neaotiate by this meeting and Mr. Lloyd has a resolution pre- pared to continue the negotiation process but the resolution does more than that. In the event that we are unable to arrive at a negotiated position so that this matter could be placed on the September ballot he has prepared a resolution that carries the process of negotiation forward for the next 30 days and provides for revenues to flow to the city *once we have passed the August 12th date at which time the franchise will have expired. And I would like Mr. Lloyd to describe to the commission the conditions of that resolution. once he has done that and should the commission consider the resolution and adopt it then I would formally transmit that resolution to Southern Bell Telephone by letter so that negotiat- ions may continue and hopefully be accomplished prior to the middle of July so the City Commission could consider it and it possibly could be put on the Sept- ember ballot if it was the commission's wish to do so. Mayor Ferre: You're assuming that you and Mr. Brown are going to come to an agree- ment? Mr. Andrews: I'm assuming that we're going to continue to have negotiations and I'm always optimistic that we'll come to some conclusions. If we don't this reso- lution will at least carry the process that now exist for 30 days. When that ... excuse me, it's 3 months time. Should the negotiations not be resolved within that 3 month time you would have to consider another resolution extending the time at that point in time. Mayor Ferre: (INAUDIBLE) INAUDIBLE Mr. Andrews: This is the same resolution except we have added that which your attorney has requested that we include a provision in there about the rights of Southern Bell and the rights of the City of Miami. It is in the whereases... (INAUDIBLE) While Mr. Brown is consulting with his attorney because there was one adjustment at their attorney's request that has been included in this resolut- ion I would like Mr. Lloyd to explain the contents of the resolution and actually why the resolution is absolutely necessary. Mr. Lloyd: Well, the contents of the resclution simply are that... Well let me explain. The resolution is in the anticipation that indeed now the knowledge that we cannot very probably get an agreement with Scuthern Bell as to the franchise before, and get it on the election. The only time we can get it on the election now is September 28th so obviously there has to he some extentior► or rather Southern Bell has to have some permission to operate for a limited period of time between the time that we can come to an agreement and get the voter approval. So that's what this resolution is designed to do because the franchise period is up on August 12th. And so what this provides is that Southern Bell will continue to use the streets as aforesaid and it provides for the payment of 2% of the telephone rentals. Now it also provides that neither party has the intention that this will bind any of the parties with respect to and any ultimate agreement which is before the fran- chise. This is purely an interim measure for the purposes I have said of provid- ing for the tine of the streets by the telephone company until an agreement may be reached and it may be submitted to the voters for approval. It also provides for retroa,;tivity with the telephone company being given credit toward any amount be- ing paid on this when the franchise agreement is reached. Mr. Plummer: 'r. Brown, are you agreeable to that, sir? Mr. Brown: Mr. Plummer, certainly this commission can pass any resolution that they want to pass and I Lave r.o control over that whatsoever. Mr. Plummer: We're trying to be agreeable. Mr. Brown: I understand and I am too and t would hope that we can reach some agreement some where down the line. We've got some real doubts in our mind about if this was tested legally. Whether or not it can be upheld. In other words, if the Commission does not have the power to grant a franchise without a referendum vote. I don't know how they could enforce a resolution of this kind without the same authority applying. I don't intend at. this moment to challenge, but I do intend to get some legal advice as to what the position of the company would be with reference to paying the 2% interim period. Now, thus raises a question whether we have continuing authority or not and that's another legal issue to be resolved in this matter and I'm not trying to prolong this meeting. A]1 I'm saying if the Commission desires to pas this resolution I will attempt to co- orperate with the Commission in an att-r.')t to continue our negotiations to see if we can reach a s;.Lisfactor,: cone], on it. But beyond that I would not want tc make any further conr:Ii::len`_s _1L L;.S time. Father Gibson: Let me ask you something i•ir. Brown. Your are questioning whether or not we have the authorization of our stock holders to say to you, you pay us a fee for the use of their property? Mr. Brown: 1 might be in that position. Yee,. Father Gipson: Oh, you are? Mr. Brown: L might be. Father Gibson: Well, let me ask you this. Wait a minute. This disturbs me. Now, if we're going to do this on a friendly basis and not be an adversary then it would seem to me that somebody else stockholders ought to be willing to pay for a use that is not their's. You know what I mean, because those streets don't belong to Southern Bell, they belong to the taxpayers of the City of Miami and I would hope while you may not agree with 2 we ought to get an understanding that we ought to be paid, or if that't not the case, you know, I think maybe Mr. Mayor we're talking about 2% and all that, maybe, maybe. We need to find out what other cities arc doing and then go that route. Or do it the other way don't charge you. Now, just let it be ratio -active. Mr. Brown: Mr. Commissioner, there are many cities that charge nothing. More cities; charging nothing that are charging something at all. So that's besides the point and I don't think you :Hissed t::e original meeting in which I explained to you one of our positior.E is that we contend that we do have a perpetual franchise that sces back to 1c'.' 8. 1 be tested if we cannot reach a value of this particular t'..ing to toL;: us . ri :he city. This is what the negotiation has been all about up to now. So far, `-e rot together if I might say that. And, this amounta to maybe not so much r. ney in one year but when you put it on a 30-year basis it is substr.7ti.al money to bor.h parties and as you realize that we have been paying 1% nlus some addic Lcna ices and permits and so on here throughout the period of time, but he's tanin� about in his original position it's about six times that. And, :hero is value to be determined on the part of the cit as well as on e parr_ of the telephone company as to what the right of the individuals. So, these are the two points I think that we're in contention on. The perpetuity rights and the value of the use of the streets only. This is not a license to do business as I've explained to your many times before. Father Gibson: You know, r thought mist time I wasn't at the first one, but I learned some things very damn quick if ] have to, ok. I thought the last time we met we all conceded that the point you just raised that was very much under- stood that while you may have had a franchise, right. That the price tag diff- ered. Now, I'm talking about my stockholders. My stockholders would be a fool to carry on at the rate of 1% in 1975 because they had 1%-30years ago. The cost of operation is not the same and if t remember correctly when I came here so that I could refresh. When I came here 30 years ago, the telephone company used to give the church a special rate. You know what the telephone company has decided I don't have to tell anybody that, you know that better than any- body. So, I ueed that to let you know that things do change and there are differences over a period of time and I would hope Brother Brown that you're not askini:.tie to do in 1976 what I did in 1696, I hope. You know, I want to be very polite about that, but I want to be very positive for my stockholders. Mr. Brown: I understand that. Father Gibson: Ok. Mr. Plummer: If I understand legally Mr. Brown, either this kind of a document is signed or as of the 13th of August you start removing your poles. Mr. Brown: No sir. We don't agree with that position. Mr. Plummer: Well, if you don't have a franchise, whatelse can you do? Mt. Brown: We contend that we do have one Commissioner. Mr. Plummer: Oh you do. I've never heard that before. Mrs. Gordon: May I. ask a question for information? Are there any other telephone services offered in the southern part of the United States by any- one else but Southern Bell, in the State of Florida for instance? Mr. Brown: Yes. Mr. Plummer: Eighteen companies in the State of Florida. Mr. Brown: That's right. Mrs. Gordon: Ok. Mr. Andrews: Mrs. Gordon, there are within the Southern Bell System, total system in the United States franchises that run as high as 5% of local service calls and intra state revenues. Mr. Brown: And may I add to that in that particular instance there is no 10% excise tax charge within that city. Mr. Andrews: And, i contend that there is a complete difference between the sale of the right-of-way in terms of a franchise and a utility tax. Mr. Plummer: We're not selling anything Paul, this man has the right through his company to go nut and buy private property. We're not denying him the right to do business. If he doesn't want to negotiate with the city then he has every right in the world to go out and negotiate with private property owners to do the same thing. Wait-- we're not denying him the right Mr. Mayor. Mrs. Gordon: I get a question ale° for information if you don't mind maybe you can give me the answer. If regard to the franchise tax which you brought up just now. Mr. Brown: Excise tax. Mrs. Gordon: I'm sorry, the excise tax, when do we receive that Mr. Andrews, monthly? Mr. Andrews: I believe it's monthly Mrs. Gordon. Mrs. Gordon: We receive it monthly. As the phone users -- Mr. Andrews: Customers may it. Mrs. Gordon: As the customers pay it we receive it monthly. Mr. Andrews: There's a lag in there, but we receive it. Mr. Plummer: Mr. Mayor, I offer this resolution proffered by the Manager in the form of a motion. Mrs. Gordon: I'll second the motion. Mayor Ferre: All right there's a motion and a second. Mr. Fine. Mr. Fine wanted to say something. Mr. Plummer: Marty, the only thing we're talking to now is just the interim agreement. Mr. Martin Fine: 1 have great objections to the interim agreement. Mr. Plummer: Oh-- ok. Mr. Martin Fine: Which I only received yesterday. Mr. Plummer: Well, you did better than we did. We got it today. Mr. Martin Fine: You've got more things to worry so I just went down and worried about this. Mr. Mayor for the record my name is Martin Fine and as you know I have had a substantial about of interest in this phone company franchise for a long time. As a matter of fact I'm even shocked myself in teviewing my files. The first letter I wrote to the city about it was on October 5,1970. Mr. Mayor, what I would like if I may is your permission to not only talk about this proposed extension but to give you some thoughts on the franchise concept myself. Mayor Ferre: A1l right sir. Mr. M. Fine: I have just received yesterday, minutes of your meeting of May 13th, when representatives of the phone company stated their position. And, I think I'd like to start this presentation by relating to that. And, if I may, I think it might be more expeditious to let me go through this entire thing and if you have any questions we can take it up then. The representative of the phone company reviewed the background of the Miami Telephone Company and I'd like to review some facts about Southern Bell. Personally, I think that Southern Bell has done an absolutely frantastic job in keeping pace with the growth of this community and rendering the type of telephone service that permits individuals and businesses to do the kinds of jobs they need to do. I think that the bell system is probably one of the best managed companies in America. And one of the great examples of the free enterprise system. I'm some what a student of management and I believe that I've read enough about Mr. Theodore Veil who really conceive the idea of amalgamating all these phone companies about seven years (7) ago to know that he was one of the great men in management in American History and he conceived the idea that the business of the bell system was " Our Business is Service", and I think they've done a good job on that. But I've would like to tell you one of the things that he's also refuted to have said and that is "one of the great strengths of Veil's definition of bell telephone business was the acceptance of it's two separate customers, the telephone subs- criber and the regulating ag._ncieu of the various governments, both had to be given service, both had to be satisfied, yet they had widely different concepts of value. One, that they needed different things aad behaved quite differently. The phone company si.id to you on May 13th, the question before this Commission and subsequently the citizens of Miami is one of determining the value of your granting Scuthern Be1.1 Telephone permission to occupay the roads, and the streets within the City of Miami with our facilities. IN order that we may provide essential services to the citizens of ::his city". But, now they're saying to you we don't know whether we even want to use your streets or whether we need the right to use your streets. Now, there's one very, very significent thing that I think you have to i;eep in mind and that is that the telephone service as such is not the only :.fling that you're talking about in this franchise in my opinion and I will `.e:. to that as we go along. The company said, "we did not approach the present negotiation with the .cea that we could use streets under this grant with- out renumeration, but our initial propc:.al was ,re! is what we consider to be a fair rental for the use of the streets. The city say we think we ought to pay you something but we're not sure c,e can eet to a point of agreeing what we're paying. They went on further co say,"ir, effect Southern Bell is in a position to assert thee no payment for the use of the streets is required, but to avoid preterit of litigation it would result. We have agreed that the use of the streets is of some value. We are not at this time nor have we in our negotiation. I think the words from the City Clerk's Office was cdmiraity but I'm not sure what it really is realized on your perpe'_ual right to use the streets. Frankly, in my opinion these statements are arrogant and offensive and I think they're exactly where :.t's at. You're negotiating with somebody who says I don't think you have anything to negotiate about. It kind of reminds me of the story of the young man who murdered his parents and throws himself on the mercy of the court after having been convicted and says, please extend mercy to me as an orphanage. I don't understand this business of determining one or two, or three percent if you don't have anything to sell. If I were negotiating with someone who didn't have anything to sell I'd close my file and say this meeting is over. If you don't want to buy what I have to sell .fiat's your business. 0r, the story of a criminal 1:_wv er says my client didn't steal a thing, but if he stole anything he's oni.y geeteng of pet.•, __. __ay .:o'_ ,,_eat_. larceny. Let he give you another theory s thet' e a .: r_ . _mp .,_ thethat I. think 'ar. Lloyd will reinforce for you andtha: ' .. one knoon ee :..:e o ec a pae This company has used your rights -of - way, the pehlic stockholders tights -of -way for 30-years, they've paid for it for 30-year: and if they use it at any time in the future they should be re- quired to pay for it in the Auture. Southern Bell talks of other cities in Florida charging certain rates. We ou,_ht to talk about other cities in the Bell System that pay higher rates. For example, Memphis I understand pays 5%. The City of Tampa right now was in the same position that you might be in soon and that there is no franchise and they're negotiating for a higher rate. The presence ordinance: expires at midnight August llth, 1976, the representative 6/ of Southern Bell says but the perpetual right to use the streets continues in force. I believe that statement is incorrect. I don't believe that there is any basis in law and facts for it. And, if I were you before I negotiate a lot further I'd get that question straightened out. NOw, 1 want to get back to what I said we ought to wait a minute or two for and I'm almost tempted to put a few shells up here to tell you that it's hard to watch which shell you're under because what they're talking about is telephone lines that are not just used for telephones. For example, does the city in its rate base just get telephone lines which may be covered here or does it get revenues derived from such things as telegraph services or rnorc importantly things that weren't even in existence when tads franchise was executed. I'or example, computers. When people urge those ."ornhuter litiea they're paying that phone company for the use of the line, not for the telephone in try homer; you don't have the right to give them permission to put a telephone In my home. Only 1. have that right. We now have a xerox ropier at our office and I have a hill for that. We paid $132.00 last month to the xerox company. I have a sneaking suspicion that the phone company gets paid L'r that and I think you ought to look into it. And, what we have to chink about is the concept of Alvin's topless future shop and that is that we are in a re-vuluntionary, technological r€voluntionary period in the next 10 or 15 years we may use those phone lines for all types of data transmission and in my opinion that's the secret word. Data transmission anything that flies across that telephone lire you ought to get paid for (we ought to get paid for) as city taxpayers, not just the use of the phone. Now, it may very well be that we are in fact already paid for it and we don't have to look under here to see what's there. But. 1 would he willing to wager that noone in your Internal Auditing Department for reasons that are absolutely correct has ever determined the answer to that ouestion. So, one reason I'm opposed to the crdinanc.e as it's stated now is that it uses the term telephone lines and I don't think you ought to use that term Ire any extension. I think you ought to say that you should get paid for the transmission of telephones, of telegraphs, or any other transmission device which goon a. toss that line and I'm not embarassed to tell you I don't. know what goes ai roe th it line but I lutve a feeling there's a hell of a lot that goes through it, across It aed around It that you're not getting paid for. So, if you look at the ordinance the proposed extension on the top of page 2, it says Southerr, Bell el p11Cne_ Company for the privilege of utilizing streets and public rights of way in the city for telephone acilities. Don't you fall fray to that. You don't want too just talk about telephone facilities. You want to talk about anything that doer,dcrosF that line. Another thing that I would be opposed to in this ordinance Beige adootei in its present form. I would never want to give someone e uei l : ti: t e , rieo t ;}'hc.i they don't agree to abide by i t . So the represent- ative of the phone company says well you have a right to pass this ordinance hut I'd put a prevision in there that it doesn't become affective unless they agree to it. In other word, you ought to determine whether they want to play in the ball field with you. If they don't want to play in your ball field then you're going to have to find ;nnother way to determine which ball field to play on, bur unless they accept it and agree to accept provided you're reasonably in your language and I certainly think you want to be. Then I don't think you ought to approve it but the big key that I want to point out to you is in 1946 to the best of my knowledge when this was passed there was no such thing as the computer or if it was it wasn't been used. Can you imagine for example, the amount of computer charges coming out of one installation in this city at. Jackson Memorial. Hospital, the Lredio•fl school complex. 1t must be astronomical. To thc hest of my knowledge all that goes to the transmission lines of the Southern Bell Company. Cable T.V., home t.v., all sorts of things go through those lines and they're getting paid for it. They're not doing it as a public service, although I'd like to make it clear. 1 think that company renders a great public service to this community and I have no axe to grind with the company. I must tell you in the 30-years I've lived here I've never had one complaint with that company. To the contrary ever; person that's every come to our office or our home has been courteous, polite, efficient, and a pleasure to do business with. I can't think of city names of rn:o. oho comes Lo our e•f .` '_tit but he's absolutely super and he's alwi ys f!i.''cn tics au.:rt to talk about. On :r u1 'e 75 of the ) be $.58 a month :TairiUti. ..I the ..ii. �� .�v�'..,�_."I1 rj(.i i .�.�j' , '.:�1� :'.C:re_'aS�' would � as compared to 1::le• ',I),-r suhmIttec by ehe CiLv Tanager, it :night then go to $0.92 after two yea:; crr.e; i.23 niter 5 years. I have no way of knowing if those figures are correct, but I'm really touched by the concern of the phone company for our subscribers, and I want to give you an example, obviously I'm being sarcarzt..c I don't !pink they're concerned :Iboat our subscribers in terms of that extra ten cents or fifty-eight cents, what I think they're concerned about is when they have to eu back for another increase again. And let me give you an example of what 1 think is crash inconsistence concern and that is and we didn't find this out until about two weeks ago when, we were meeting with the Manager and represented the Beck Company in an open meeting that some of you attended. If you look at your bill if you .Live in the city we pay all subscribers this franchise fee every single month when we pay that hill and the phone company pays it to the city once a year in February and they gee the use of my money and every othr subscriber In this city for all of that time and don't pay interest an it and I submit to you that you represent people who when they need money go to a bank or a snail loan company and pay 31 and 4% a month to borrow that money and they get the use c: that money all year and they're not paying for ie. :=.n', i can tel: you 1 for one, in drafting a letter on behalf ::'. ,., sea ei.ht'_i aabeeri seaaar. .:or the interest on that money for a perio'_ of veers or ea lea; I've had a phone in this city which is probably about :2ti years. i think it is unconscionable that they use our money and don't pay us for it. I don't mind paying it but they should pay it to you every month. And, i would say Mr. Manager in the new franchise now you ought to provide in my opinion thatl've discussed this with you [ think just the nther day that if we pay it monthly the city ought to get it monthly that if there has to be any ;adjustments at the end of the year 1 think that you can work that oue. On page 76 of the minutes, Southern Bell says," I find this very difficult to read, although I read again and didn't believe my eyes but there it was. The intormed citizens understand that it is the consumer who pays when the politican taxes. We must assume the responsibility of informing the citizens of Miami of the .ui] and costly impact". I find that this lang- uage is arrogant, threatin; and offensive, and I resent it as taxpayer and I believe thee you ought to resent it as the so-called politicans. Along these lines I believe it is no co -incidence that the company use the name of a major news media es an example of how much their increase might be. Can you image out of 130,000 subscribers they reached into a big box and chose one name and it happened to be that big news media and they said that, that news media is going to have to pay more money. Frankly, 1 feel certain that this implied threats of the city will fall on their peers, not only with this Commission hut also to that particular company. I am certath their coverage of this franchise ccntreve'-sy and I think it is a controversy will be reported fairly and properly irrespeetivc or any increase of their phone bill for that particular company. Let me "•pint something else out to you. They had the best ball game in tows beeeuse when they say they're ;;oicg to spend money "for informing the citizens oe: Miami ef the full at:d costly impact", they're not spending any money. They're c;oi• to eavanee :he r..aney. It going to be in their cost. It's going to be in their ease base a.:d it`r goi n.: to be in their account when they go to the public serfs- Cemmissica end ask for an increase. So, they're going to take our clone.` :na tell us that: the city is taxing us. And, I must tell you I think eheeL's nice citing to Sao. The company continues to take the position that any increase the fra-chise fee will automatically result in an increase to c:.?:se ibers. 'o». LLi.s u .y ,e true but I don't: think it's absolutely the case:. '..:ere is a clear _.J.stirnction 13.2.tween a tax such as the excise tax and a franchise lee. The laser is a cost of doing business in the same manner as any other cost of open.>tiee .and needs to he build into the rate base and justified at a later date when asking for any increase. I think it would take all day to go inco the whole concept of whether the public service commission has aiatomat1c.:llyelven them that increase and maybe they have. I'm not saying they h :ven' t but 1 can tell you once ue settle this any next move is going to be at the pnbiic service commission because if they had given it to them I want to go back ;and know why they don't have to justify it. You know, the conversations all the time we'ee spent before talk_ng about the intra state calls for example, these fine lawyers from Southern Bell I'm sure they read the same books we do but let me toll you that back in 1960 the law of this state was firmly settled. In the c se of Green vs. W'estc n union where in that particular case the question Was whether or not. that's 123 southern seconds 712. Whether or not they could charge for intra state calls and in that instance or service. In that instance telegraph or telegram was sent within the state but for reasons of convenience to the company they sent it across the _atateline and Georgia bounced it back into this state and the Sui:r._:..o Court held chat they have the right in my opinion indeed the daty to report it L'.:re Ls . intra -.tate call and there is no question in my mint i.eaely wee _! chit- ri0;'e whatsoever that you are entitled to receive ,trot. peoceeos _air ir.aaehise intra state calls I want to make it very clear Loa that in :.ay opinion you r.:eve inadvertently. I don't think there's been malice here by any ::.sans, tut I believe (I want to strike inadvertently) you have :act r-ropi riy receivea for 30 years your percentage of the long distance calls both antra state inter state and there is no question in mind about intra state and there is some limited question about inter state but certainly not up to the I'lor:.da line. I'd line to malt` :tome specific recommendations and close with that although 1'd be glad to aes\'er any questions. By the way, it's very hard to figure out which one of these things you have to look under because no matter what you do in determining this rate basis you can never come to an answer 41. in my opinion because this system is so vast that they are going to prove to you that some of their equipment for transmitting out. -of -state calls is located in such a manner and hooked up in such a manner that 100 Philadelphia lawyers can't figure it out but I'll tell you there's a way to figure it out. My specific recommendations are as follows: (1). The City should hire now an independent outside CPA firm to conduct an audit for the last two or three year period to determine if the city has in fact being receiving the correct percentage of its revenue as called for in the franchise. Forget intra state for the minute if you would just basis gross revenue within the city. I have been informed that it is impossible fur the city's internal auditing department to do this job simply because it isn't staffed to do so. Noone's fault. In the past it has probably made a cursory examination and I am not at all certain that all the records have been made available to your internal auditing depart- ment. I will underscore the next sentence. It is simply good business in by opinion to determine whether or not a company with whom you are entering into a new contract owes you any money on the prier contract. I would assume that they would welcome such an opportunity and they would make all their books and records available because if they don't make them available now you can rest assured they won't make ,available to you in the future. I hope you do grant a franchise to them and I hope they accept it. But when you do you should provide that Southern Bell he required to furnish a statement by an outside firm to certified public accountants setting forth if the amount: they pay to you is correct and in accordance with the franchise. Thereafter the city should have the right to inspect the books .and records of the company and if you want to have your own internal audit or have ;an external auditor come in to determine that you are in fact receiving the right amount of money. The new franchise should provide for the city to receive the franchise fee from the company when it Is collected from the subscriber. rf the year end adjustment is necessary I'm sure that can be made. The city should determine now that for the past three to five year period the basis of computing gross income under the franchise includes income derived from sources other than telephone. Now, that to me might be the single most important thing that you had to look at or at least one of them. I don't know what's included and with all due respects to everyone involved at this side of the table I don't know about that side. I don't think anybody else knows but I have a hell of o good sneaking idea of what's in there. And, I can tell you that I think you're entitled to and you ought not dare enter into a new franchise until you determine ghat that is. Now, there has been so much said about intra state calls and inter state calls and I don't want to give you any legal lecture about it but let nr,? give it to you a statement very quickly. One, there's no question in my mind about intra state. Two, the only justification and Mr. Lloyd may bear this out where they're saying that inter state shouldn't be Included as a constitution,.! prohibitionist says that the state shall not pass any laws to abrogate the rights of free commerce between the states. The Supreme Court of the United States ha>, upheld that such an inclusion into a franchise such as this does not violote t.he• constitution. And, let me tell you another thing that comes out as a practical matter. Very practical matter and that is that most of the antra state rand most of the inter state calls may within the city limits of Miami are made by business people and I'm in business and I understand the cost of telephone ser'.fte and I don't think this extra franchise on that would be a undue burden on business. Let me give you another reason for that. If in fact it is a business expense which it is we can deduct it any of us who are in business. And, Uncle Sam is paying half of that and Mr. Mayor and members of the Commission I think that can be a very "created revenue sharing plan" that you can come into right now. You do your own revenue sharing don't let it go up and come back. You grab some of it down here and you won't have to go looking for it and you'll get a fee on that, not a tax. And, I think you're entitled to that. With such an important matter as a new franchise at stack. In my opinion this company should have started negotiations a year or more ago. Any effort to rush through a franchise now will create an undue amount of pressure in it's various departments and will undoubtedly inure to the detriment of the city and its citizens or Father Gibson as you said stockholders. The next extension if its granted should deie:te the words telephone facilities at the top of page 2 and should use other language to cover all usage of lines for transmission purposes and not be limited to telephones. It would he interesting if they want to respond and you might ask them. What else goes across those lines because I don't know. I'd like to conclude as follow., although, I'd like to stay here for a couple of hours and tell you what I really think about some of this but I think this might he enough -- I think the Supreme Court has said that brevity is yes it's a good pleading so I'm going to finish with this. I believe that 150,000 subscribers within the City of MLami who are really by and large the residents and taxpayers of this community has chosen this Commission, this Commission not the representative of Southern Bell to look after their interest. I am sure you can do a better job than Southern Hell in carrying out this mandate and the 6Y teabon I'm so sure that because you put your neck on the block ,:nd you were all elected and you were chosen to do that so I don't. want Southern Bell to worry about my extra coat of $0.58, I'm going to let you worry about that and I'll worry about it. 1 am further ,ertatn that you can do so in a manner that is consistent with our free €nterprice sys'em, which permits a great company and I want to stress it. I think it's a c'reot company like Southern Bell to carry out its purpose while at the same time recognizing its public responsibility. And, I'd be .;lad to answer any questi.es if you have any. Mrs. Gordon: I remove .;econ fr•om the motion. I think we need to discuss with Mr. Lloyd some amendments to this wording and then we can go back to a motion at least that's the wav I feel about it. Mr. Plummer: Mr. ,`t.t:or, 1. withdraw my motion, Marty, just for sake of your opinion I had proffered prior to this that this interim agreement the way I would prefer the wording is that we merely extend beyond the 12th of August and that: if and when the franchise is cpproved whatever the fee or whatever is agreed upon that ft he retroactive back to the 12th of August. Mr. Martin Fine: .!.. as always you always have a ver practical approach and that's a super approach. But what 1 heard the representative of the phone company say today he wouldn't accept that. MR. Plummer: That'; his problem. Mr. Martin Fine: Vt.1 1, no I don't think it's his problem. I wouldn't like to see this Commis:=ion extend any right that he's not ready to acknowledge and accept. Now, they've got a betty of iawayers which I'm paying for as a subscriber and they're all ver.: competent lawyers. And they're all very ethical lawyers. And, they ohyiousl:: are saying, well if we don't get what we want we're going to contest cur rieht to give us anything. Mr. Plummer: <e11, I've already asked for declaratory within the legal depart- ment whether they oven have the right to force litigation, you know, other than their $27.00. Now, you know, here again what have they got the right to litigate? Mr. Martin Fine: Let rr:c dust say thie to you, that is a very big, big question and you know the vn'.ue of thus type o_' property is somewhat similar to the story when you aek the .. t tle boy . o.:- 4.,:ct, ie two and two, he looks up at his big black eyes L...c..-,a . are you ': a.:. ':eii ng?? You know, I don't know whether they're buying o. =e' Sour.cs to :,:e like they'd like you to jump up and down and make a decision end if when you jump they like where you land they're make a deal with you as if they don't they're see you in court. Mr. Plummer: Lot :re ask this Mr. Lloy . As I understand it, is there any reason or any prohibition against this Commission setting a fee submitting it to a referendum? Is there anything wrong with that? Mr. Lloyd: The answer to that is no. in my opinion, you may do that. Now, I don't need to go into any explanation: whey you may and I do not suggest you do it today. You would do that by an ordinance and you could put it to the voters yourself. Mr. Plummer: And they either accept it or reject. Mr. Lloyd: Yes. And then of course if they reject it why then in order to enforce would necessitate court action. Mr. Plummer: Say that again. Mr. Lloyd: In orciLr to enforce it, it would necessitate court action. Mr. PIuT.re : `•::r. . Li: we put t)a i.ic hypothetically, we put in a referendum to the puuLc that the franchise with the phone company(no name:) 5% the voters approve `. then Southern Be11 has ether got to accept it or reject. Mr. Lloyd: That's correct. Well, but ait,look, let me tell you this and you've asked me the question 1 must give you the answer. Assuming that Southern Bell just does not abide by the terms on it. Mr. Plummer: That's their prerogative. Mr. Lloyd: Then you must file an action in court to make them abide by it. 1111111 II1111111IIIII'I'1111 MY. Plummer: Ok. Mt. Martin Fine: 'Ir. Plummer I would say if I may that putting a referendum to the electric in which has not been in agreement with Southern Bell would be something you'd want to be very reluctent to do until you have studied it very carefully. Mr. Lloyd: Well, onw you understand this I have not recommended this. I was only asked a question. can they do it. Mr. Martin Fine: Right, 1 wasn't saying, that you had. I'm saying I think Mr. Plummer, Trying to establish a point. Mrs. Gordon: I wint. to establish another point, may I. Someone from Southern Bell. You received your charge fees for any other kinds of services that go over your wires su,11 as computer services or other services such as were mentioned nrevieusly. Mr. Brown: Yes, we've had a very discussion of this by somebody who says he doesn't. knw _anything about it, and the implementations as you can draw from some of the statements. 1 think can be objected to and I'm perfectly willing to go into this as notch as this Commission desires to do so and take as much Lime as tiiis Commission wants to. And, when I say I am desirous of reaching an agreement I .ctr •;tncere when I say that. On the other hand, I think that I have some rA ,pon,::btlir:v as a representative of this company to also represent my stfl fibers, wao are your constituents also and they're a common group, so let's d,,n't: look at this just from one side. Now, then to answer your question specific:d1ly, there are charges for various services made, none of use the City of '•:irer i.. :+ PhX system sitting in your office or a key telephone system sitting in your office has noticing to do with the streets, yet in the proposal which I have presented to yeu. I have included apart of the revenues derived from that which has nothing whatsoever to do with the streets. Now - he brings in the i(fng ditance--- Mrs. Gordon: Yea, but the part that 1'^t trying to find out about the streets is the wires. 1)o they use the wires? Mr. Brown: And we have offered to pay for those wires. How many times we got to pay for it, 1)11,. or fifteen times? Mrs. Gordon: N , 1 guess J ' m not making myself too clear. The point I'm trying to understand is the revenue produced by virtue of the fact that those wires exist. Mr. Brown: Yes. Mrs. Gordon: Wherever they might exist. The revenue that's produced. Do we receive any franchise monies on any of those services other than the telephone that's in my hcu se• or in his house or --- Mr. Brown: The local rentals is what your present franchise say. The local rentals, that is what we pay on is the local rentals. You examine your present franchise and you will see that that's the word.ng in there. Now, then if you're going to change the balleame then you got to change entirely. So, that's been part of the discussion that's taken place. NOw, we do pay on local rentals just as the present franchise says. We do not pay on long distance, because long distance not included in the present franchise and we have a letter from City Attorney to that affect. Mrs. Gordon: City Attorney, sir? Mr. Brown: Oh- several years ago when i.t was first brought up, the City Attorney wrote us a letter r , that effect. Father Gibson: Mr. Mayor, I --- Mr. Fine come back up to the mike. I want to do something 1 ,1 :;t t usually get a chance to do. I want to make sure that the whole Commission h,ar this and even rtr. Lloyd and Mr. Andrews. Mr. Fine, I've been in this community in public life for 30 years. I've been on this Commission about 3 year and ,c half thereabout, more or less. I want to thank you as being one of the few citizens I've heard who come before this Commission fighting for f�� the tights of the people c.nd that you have really made me ask myself the question, am 1 doing effectively their work? Not only have you done that but you have made the face up to the responsibility that sometimes I may have to take some very unusual and unpopular votes and :Hake some unpopular votes, i''Jw, it would appear to me that not only have you done that het you have enlightened this Commission. You have enlighten(; this Commission a-d I trust you enlightened the Administrat- ion and 1t is a foo1. ,who won't be en'_ightesed. Now, I want to thank you again for Theodore. : ert' s esk for aryhee but myself and I won't try and speak for the rf st : ._ ., sr. _ , ...:h for a living and man that's my cup of ten, tiiut':; ,:her. I'm ;reetest at not mane people have done since I've been on this Commission what you did and 1 want to thank you. Mr. Fine: You're welcome. Father Gihson: And, 1 hope, I hope the service that you rendered will not go unheeded. Mr. Fine: I hope we can work out a Food franchise and equitable one. Mrs. Gordon: I'm concerned for a number of reasons. One, is that Mr. Lloyd is today or as of this afternoon we celebrated or to bid him Bon Voy Age and Mr. Andrews shortly tbrc after you are going to he joining us at a similar celebrat- ion for your retirement and I'm not concerned about the quality of the person coming in and even the unknown person that will be sitting in the Attorney's sit, but 1 am concerned about is somewhat of a continuity of information re- garding this particular situation and I don't exactly know where to turn or how to even suggest that we go. I know, but he's a citizen, how much can you ask ,i citizen to contribute? Mayor Ferre: Lee e.e ask you Mr. ?inc• and I know this will put you in a rather embarassing situnt ien. You are an attorney and I know you have a busy, practice and al] that but if the City of Mlami were to have an interest in ask- ing you and I know this creates a problem for you because people could misinter- pret your s ::te:n nts here as being se.::- eerving and I apologize for putting you into that :._n . ct ? ind, :Dun the questicns got to be asked. You know, you come here with an al;fu lot of pretty `Iea':, pretty strong statements you know, that if half of Le.-.1 w:_:e try ye .:ot:l completely irresponsible if we proceed- ed without at lest ins; ti„etiott :.c some extent. I mean, just this thing of are we being peic'. ;or Lie ..:;uc.gc of those ia_:_ for purposes other than telephones xeroxing or da a t_.,nst:.ss: on and so on; you know, these are obviously things thats rot to be l oo::ed V tc. lr.tra stato use of the Line that comes through the City of :is i and what portion :i- that _f any. We're getting into an awful lot of heavy things. Lloyc is retirins one Anndrews is retiring. You want to say something? 111 Mr. Andrews: Yes Mr. Mayer, i di: not wan- to interrupt you. Before you hear into two parto, two very distinct part,. elements of Southern Bell as to ..heir day have amply under control depending on how owners in the Lock firm that we've hired. Mr. Fine has brought forth and more. Mr. ion of she `souther.:: ball `r: terms of the employee benefits the employees receive within the Bell t:vstem that the Gusto::..er's is paying for. And, if there is need to bring those arguments forth as a reason of understanding and incorporating certain elements in :.he franchise they could be brought forth. There is much more to this than has been brought out because we were attempting to seek common grounds as to wh:.c we believe was the value of the public rights -of -way in terms of the sale to thr company as it benefite the company. Now, thats one whole area and you havt• someone in house in terns of the consultants who is extremely competence is o L;: _ all t o point', Jut and in a very short time almost anyone can beta_ 4c ;oa..t I:...... ...c . fe _Lnd, ..s the area that Mr. Fine is approach- ing and of :nose elements, in terms of what the city should •:.p_.Ct in a franchise an :ir. Fine is approaching it from the stand- point that once: Lhese elements are known then do we have a right to include those in a franchise. from anyone else you must understand that this complicated process is divided One, is the ability to understand the to day operations. That I think we far you want to examine those operation Mr. Bathen understands everything that Bathen has explained to me the operat- Mr. Andrews: So there are the two areas, and Mr. Fine and Mr. Lloyd are at this point in time much involved in this process because of the legal applicat- ion of all of these to the franchise - should they or should they not be included. Do we have a right to include them if we find that they are an element that should be included. So I want to bring out that distinction before you got too far in- volved in where you're going. Now you'd have to quiz Mr. Lloyd in my judgement as to whether he i• Lieves they have sufficient in-house capability to carry this out or do we nee::; to employ someone like Mr. Fine to assist us. Mayor Ferre: I don't. keel.; whether Mr. Fine is available. I mean that's some- thing that would have to be riiseussed and 1 think openly... Airs. Gordon: Would you come to the microphone, please and answer a couple of questions? Mayor Ferre: If t.ltat's the direction that this commission wishes to take. INAUDIBLE Mr. Lloyd: Mr. Mayor, I have discussed this very matter with Mr. Fine because of the fact that many times it evolves around a situation where it may be advisable for the City Commission to employ special counsel. Now I myself has discussed the matter. of ' :r. Fine's availability and asked him if he would be available as special counae:..if the commission so desired. I have also informed hire that not only do I have no objection, he asked me, "Well would you have any objection." I said well, of course, naturally if I had an objection I wouldn't be asking you if you were available. 1 said 1 would welcome it from a standpoint that many times legal e:cpertise ir, a special field in specific instances, I do not recommend this routinely as was aoee at tee time. I believe that most everything should be done in-house but en this :rpecii'ic instanee I did make an inquiry of Mr. Fine if he would be av3ii_Le;.e :e2 selvice and counsel and litigation if necessary. So I think that Mr. Fine .;ar. ,i:,:-:wer -hat. I got the impression from him that he would be but I want it clee i, understood that 1 asked him. Mr. Martin Fine: '.r . Mayor, as you said it is a rather embarrassing situation but I have a crystal clear conscience about this entire situation and I can answer it I think vee i uccinct1y. As I mentioned: in my opening statement I wrote a letter to the City esiee c:: bee: in IY O sc this isn't something of recent vintage. I hapren to be ehe eeeeident of .i ret_rer large real estate company and I spend my full tire with that ie addition eo doing some civic things and things at my temple that 1 belieee in end ether _. _g oes ;.restitutions in town. I am a member of a law firm and :: 'eave e scus ._c this with my partner after Mr. Lloyd and several members cf the corrmtissio;. had aske:i rae about it in recent weeks and this is where I think I'm at and what I'm saying to yoa. I am absolutely sure that I want to continue spendin, as rnueh time as I can as an interested private citizen, as a concerned oa.'nie_ of this ccarrnunity working and following this franchise and being available to they eommiss. on to talk about: it and make some suggestions and make some observations ir,ci continue to play any role that this manager who I've enjoyed working with c.: t'hie an' other natters or any new manager would want me to do. When it: gets into she question; of some heavy legal research or some litigation I'm not prepare' to do that on that basis because I simply don't have the time and can't afford it. I've discus„ed that with one of my partners whose name is Irwin Block, he's Lhu mast president of this Ea_ Association, a very competent trial lawyer but because chink the enormity of this problem is just that, I think it is enor..ious I hove also discussed with Mallory Horton, a former Chief Judge of the District Ccart_ of .appeals whether if we were to accept that, that is our law firm, this aesignment as special counsel as requested by the City Attorney and several of ycu enethee Judge i:error: would be involved and he would like to be in- volved anti could. _c let us take it very clear I am not soliciting that cork. 1 eel sr eo yee thee _ u_d ..ot accept under any nces circum.,ta any ren'.1mcree _".. :Il`.. time 1_. he _._..i present or future insofar as this type of activity ie concc.:.cd. If you're ee.'..fee whether or not we are in a position Mr. Horton and isir. Block would be available as special counsel to the city in reference to aey litigation to determine 'whether or not you have anything that Southern !Tell Compaey needs and wants to pay a franchise fee. The answer to that is that if you aunt to I think you can. Mr. Lloyd: May 1 dint, make this suggestion that in that instance not only has Mr. Fine been, in other words we have discussed it pursuant to my request but it would be the appropriate thing to do to employ Mr. Fine and his firm and any associate that he wished on a fee basis because then you have the proper lawyer responsibility to his client and t.1i: t: is t_he only way it should be done. • 1 Mr. Pine: And let me make it clear, Mr. Mayor, if after all the enormity of this problem is involved there is another lawyer or law firm that you think could do a good job I'd be delighted and excited to see them do it because all I want to do is see this carried out. Mayor Ferre: Lot me tell you where I'm at and this, you're going to have to for- give re for .-ce:'.elinc on this. Tihs is .: ecey complicated subject. I think first of all just the underecandina of the .i.s io just in, of and by itself a giant task. I. , eeet._ . when :b ".ic h ;:a- i !; :;ac ct:as'_ng after utilities mostly Florida :sower , ,1c-' a- . : you :ncw. I _-r•r:, ::' bc• _. I had a conversation with him and Bill Haddad was there. Do you remomt=ryL_11 Haddad? He was a P.R. guy in politics from Nsw York, he was in and out of Miami for many years. He used to be a newspaper reporter I think in the Miami News or Herald or some place and then went over to St. Pete times and married Jacques Whitney's daughter in New York but he was one of these guys that was part of the Bobby Kennedy team. He was very active with Bobby Ker,:iedy when Bobby was killed. He came down here and he brought all of these Bobby Kennedy people to run Bob High's campaign and they did a hell of a job. But you know I remember one time in a conversation Bill Haddad was there, and I forget the name of the other guy and Bob High. Do you know what they were talking shout? They were talking about Hewey long and Hewey Long had become Governor of Louisiana because he'd gone after those fat cats and the thing that bothered ^:e about that is that you would see in the newspapers the justice; because I think yob High was right basically in what he was doing. But you know his motivation was wrong, and God forgive me because the man has passed and he is dead and all that and here we are talking about him, but I think it is an import- ant point. And, of course, that type of thinking was what really did him in in that governor's race because half way through he switched over to Scott Kelly and all the people that wore with hire left him and he was kind of left out in the mid- dle of nowhere and that happens in American politics. It's what Jimmy Carter is all about. You know whether you like hir: no you don't like him he's captured the basic thought cf what is inherent in American politics today. And it is the time of Ralph Nader and common cause and John Gardner and all those other people who aren't running io-r office and they're not Hewey Longs and they're trying to tell us somethinc. Mr. Fine: Well, ean tell you I'm not running if you're getting around to asking that question now or ever. Mayor Ferre: No, ;•earth, that's not the point. I'm trying to philosophize a Little bit openly here about the ::i.nd of problem. You know I just came back from Wash- ington and I shared... Mr. Fine: I saw you on television. Mayor Ferre: Did you? Well. I shared with the commission, I changed that docu- 11 sent about 7 or o different places, and there was some specific language and import- ant things that I think I was responsible for getting into that Democratic Platform and I'm proud cf it. But you knew to most important thing that I think I got into that platform was in the preamble. And the Preamble starts out by quoting Jeffer- son and the ,'e:-tous phrase that we all have the right to life, liberty and the pur- suit of happiness and so on. I added two sentences which said and inherent in those words is the implication that man rust have two things, freedom and recog- nition of his rignts. Those rights entail something which I think we today call social injustice. Ana what we are all about, what the black movement and what all these movements are all about - youth movement, the wornen's liberation movement - it's just the question, of it's a new day you know. It's a new day and we are ex- panding our democracy where w..at is involved is not only freedom but the recognit- ion that you can't be free until your rights are guaranteed to you and that's what this is all about. Now the phrase that I inserted that I'm real proud of, and it's not original, was that the only thing wrong, the problems of this democracy can only he cured with more democracy. I really believe that. I've gotten to believe that. Nc,a :. wsit r.o say his acr:ut thi:. situation. I don't understand it and I'm goi ;g to be cry L,11 yc-u that I don't understand it. From a prag- matic point c1 .'e o I•o like t., stet this thing over with. I'd like to say doggone it ;' 're going to bring in a :;iilion and a half, two million dollars a year to the _ity's coffers - let's c,o. You know? That's what I want. On the other hand yes know I said in the beglrn.n I'd like to kind of do this for 4 or 5 years. I don't know what is coins, to napten 10 years from now. Telephones will probable Oe obsolete. There wi_I i.'_: all kinds of electronic devices and things invented. Good God, at the pace ;:rye world is changing electronically and in physics 10 er 15 :ears from now probably that telephone machine will be just as obsolete as many other forms that we 1:ve with in our present life. Thirty years is a long time and you're right. In the Greening of America and Future Shock and all these books that have been the vogue in recent years, you've really JUN 171976 got to come to the toalizatior: that we're moving into a new world that nobody really understand; eft knows what the hall it's going to be all about 10 years from now. You know the responsibility that we're undertaking here, Theodore Gib- son, Plumper and a!, of us, is a hell of a lot more than just signing a franchise tax. We're r.ego• i :r t i ;ly something for the next 30 years. That means that, I've got a daughter that' 20, she'}1. be 50 when the next time this comes up and I'm 40, I'll be 41 next week and ;. ' 1 l be 70, 1 ' l l he like my dad. Mr. Fine: IO'..erert itig1<< enough, Mr. Mayor, the Mayor who signed this existing franchise, Gootsie ..•timer is ,dive and wall and still kicking and I hope you will be too. Mayor Ferre: I non- i ' 1 1 be Alive and r, i r:k r nq and well 30 years from now. But now the point is t_i,o'=, and this is l'm m,ak.iny an honest confession here and just sharing} with you. t 'rn torn between the pragmatic of getting this thing the hell over with and just tinning if we can pick up a million and a half or a couple million dollars and the i'.robl.em is, and then all this stuff that you're telling us. Now we'r:e ee.jn; to sic, one ref two things, Paul Andrews. Either we're going to settle this thin,, Lad it's going to he a damned good deal for the City of Miami or we're go._nr: to gn .nto this thing and just open up a can of worms. Now I'm going to tell you t ' i 1 go either way. I ' i l swing either way and I'm going to be very pragmatic anon'. it. In my opinion what we've got to do is we've got to put down a figure tha.t. we believe is a yoga deal. Ok? And we get our good deal now. If we don't cte_ : e,. ee deal and 1 mean a mood deal then I think we ought to go and get one law rift (;1_ two law firms or i don't know how many law firms and go about it. And if w, ;o about doing that we're not going to go, this is going to be expensive an; it in coinc to be a long long tough process. And I want to make darned sure that:. fit; :o:mrti ssi o:a isn't going to chicken out or back out and get cold feet when all t:i.e het: starts and the pressure starts and you know these people have a let o money, atld lot of power and you know that they're going to get edr toriel E an. we're ooi.;:g t.;; have - because they don't write the news and I don't say that thee write the news and i believe that just like you do, Marty. I think MiFn.L..11.4 and the Nees have good newspaper reporters but you know what hap_.e. J .e, ir. i i s- ,. doom; in those dark rooms that don't even have windows, that's another 'atria you see. That's another world and I think you're right. I think Mr. :),rr`s,-r., o;l,, ,. }:., picked the Miami herald as... Mr. Brown: 1 neve: t , r:.icn'' t:'tr3t name. Mayor Ferre: Well ? tEo, I Don't mind doing it, they know I do it and they get all upset and ..eetl that 1': not talking about her or the working reporters, I've got no beer .._t:i' ..;nem. Ny beef is ..ith the big shots up there that talk... and they've c:: ri :i.' to co it. This a free country. The press has a right to do all th r..js sou,: I'm =;u :- 7 in; we're going to be getting a lot of heat and they've ;ct, a lot. of ways of doing it r:d I don't want to be left alone like I was one time in the Last. Paul Tnd:own, ':one of you were here, I was on this com- f mission and ;:hen boh High c:icd somebody came to see me and they said who is going to take on all of t:: i:; thi:,g and I got. -onto it and Arnold Hirsch came down and I went to W=tshioc'on r3r d . went to see Senator Metcalf. Senator Metcalf put me on with some sanater r:o c nOt so and I l i oral l" spent three days in Washington and I got an educetio:;. : didn't. have the foggiest idea. When I came out of that thing I knew all ah•-ec ' ;ier;e things about how the base was based on the construction in the begir:n ` _ f hr ,i0an nnd the end •r t the year and the averages and all the things thae in between and theft were really millions and millions of dollars involved. t_3d e were. over all of that: stuff that Senator Metcalf had done and it's that,.. a-.0 ntvc:: gotcen to first base on it. The poor guy has just been there gal::inrr to himself for years and years and years. And Arnold Hirsch came dorm and :;ere enough we were going to rip into Florida Power. and Light and do this and ehie .3n. Mac Smith called me up and I went over there and he said, "Son, what ::a you and he carve me a big lecture about Hewey Long and what a terrib. e on: `ne w._,s ._;d how Bob High: heat :one such and such. You know I didn't ::not w}':-.t, _ : or what. ..tas going on but off we went chasing. ;Ind ;.r tahle ..fitting right over there where P1u;;x r .-_.: y ',;.:_ .:,,.: _, :mac d _ was good old Irwin Christie and every- body r'.: .. u_ ". t. •ruee>_ eel U _.:.ark didn't say a word and Dave Kennedy didn't sav a looking az . ,rs. Range and I thought Mrs. Range, and I kept goin, o*32. •....i saving Mrs. Runge, we've got to go on this thing. Well, she thought I was o.: r,n a witch hunt and the whole thing dropped. And maybe it was just as well. T dee't know, who knows. And I'm not trying to say, I'm not running for governor and I'm not, I've changed a Lot since those days in 7 or 8 days and I'm not out, 1 :o:r' t. }link I ' m e Ralph h Nader nor do I think I'mea a John Gardner or anybody else unc I d,.;r;'t want to chase Southern Bell all over the place and I have no interest in fighting with them or doing anything else. But the point is that we as I see it vary pragmatically I want to be just a realist, we either get a good JUN 171976 deal or as far as I'm concerned we've got to let it rip. And if we let it tip I don't want to be left all alone. Rev. Gibson: Let me answer the Mayor. Mr. Mayor, I want to make sure all the members of the commission hear me. I would buy what you said if that was the Florida Power and Light, I mean if Southern Bell had that kind of an attitude. Mayor Ferre: What `;ind of an attitude? Rev. Gibson: The one you had. They don't have that. They question whether or not you have a r.i .t r: e to get a doggone thing. Mayor Ferre: Oh Father, they're being ... Look.... Rev. Gibson: Man, look! Mayor Ferre: Just like you and 1 they're doing, hey, you know what they're doing? They're doing the very same thing you'd do for your church. They're doing the best thing they can for the people that pay their bill. That's all. Rev. Gibson: When •/ou nee me go to that vestry I go with a position. And if Florida Power and Light wanted to reason, I mean Southern Bell wanted to reason that's exactly what I wanted them to do. But when a man tells me what I heard here I'm prepared, I'll tell you this one thing. In the 30 years I've been back to Miami I've never run from a fight and I've never let anybody make me chicken out. If I vote this evening to go the route that was indicated, my brother, you could darned go to hell. I'd rather die and go to hell knowing that I was honest with Theodore than to have played games with the lives of the people. I want to tell you this right now. Here is one stand-up guy who is willing to go all the way. Mayor Ferre: Father, you're a priest. 'r. Brown is a businessman and Mr. Brown has got to represent his constituency and :hake as good a deal as he can. He's a well paid :-tan and one of these days he's going to retire and he's going to retire well Paid beeaU!Se Southern Dell, Marty Fine said that. That's one of the best run comparrS.cs. y.. _ ..r_c`c that Fan that's sitting there isn't just sitting there because he happens to be a nice guy. !'e'. sitting there because he came up through the ranks and Southern Bell is probably the best example of big company management in the world. Rev. Gibson. W._:l: that's why I'rt here. I'm a priest and I'm her to make them do the right thing by the stockholders. Mayor Ferre: Gk, bat let me finish. Now when Mr. Frown gets the position that he's in and he come it from J ck::c.nville and before that he was up in Georgia, That's because out o` ]3,000 pcctde in the system or I don't know how many employees they have in Florida and the iOC,000 that they have he is good enough to come up to the top. Well iet me tell you something. If this were Greece or Rome or England in the 17th Centuee or something or another he probably would be a statesman. Now it happens to be thae in cur American society these people like Jim Brown come up through the free enterprise s_'etem. And T ' l l tell you if he's where he is at it is becaesu he's nobody'.: fcol. New let :n.: tell you he's representing to the best of his ability and thet may :-lean puehing, shoving, doing anything he has to within reason, within honorabiiity representing his constituency. He's not going to tell ycu what is good for us - that's not his job. He's trying to get what's best for him. What we've get to decide is what is best for the City of Miami and I'm just tellirg ycu where Ferri, sits. Ferre pits as follows. If I had known that we could rake e good c:eal and come to it soon I'd buy it. I would and avoid all the litigation and the harrassing and the problems and all of that but it is a question of how do we define what a rood deal is. See? Now the alternate to that, and he's going to accept, eomewhere he says no he won't do that but somewhere along the line he's c.cing to aceeot something. It's not he Brown, it's he Southern Bell because he Jr:il Jr_r - ,he's got a lot of people behind him. One of thecae day:, he's going te retire e -omehody else will be sitting in his shoes. Now the point is it's a mighty b:r1 decision and I'm willing to scull this one through in bull sessions with you and come to some kind of conclusion and either make a deal or fight. But if we fight I don't want to be alone like I was last time. Rev. Gibson: You aren't going to be alone. You see, I find it difficult to be negotiating with somebody who says, "I don't owe you nothing." I find that hard man. You know if you're telling me, "I ouestion how much I owe you" I could jockey but when you're telling me "I don't owe you nothing" man, we ain't in the same game. 7/ JUN 171976 INAUDIBLE Mrs. Gordon: What kind of document are you referring to, r Mr. Brown: The Fran .hise. . Brown? Mrs. Gordon: Well, I think we've been furnished with copies haven't we previous to today? I know I"ve had it and read it. I just want to say... I'm sorry. That's right, Father, you were... Rev. Gibson: Well, ice me answer this. Mr. Brown, 1 don't want you to play me cheap. I went to l.,w school for one day. I want. to make sure you understand that. Let me tell •,•, u something that., I ,.Eked Mr. Lloyd this and I want the Mayor to hear this. The fect that you have been paying a fee in the past, if you went to court the court. will hold that as a pretty good indication that you recognize that you owe. Right . You doggone right. I learned that in law school and only was there one day. Mr. Fine: Mr. M:Ayrrt, 1'd like to make a little statement if I may. I want to make a little previ' w Lo my statement. I'm like you, I'm not Ralph reader although I happen to belong . u common cause and I think that John Gardner is one of the great men in American and I'm not running fur public office now or any time. But I have a feeling that. what I may have worked on for the last 5 years, what. I'm saying today may it :lisconstrued. So while I appreciate Mr. Lloyd and Mr. Andrews and several of you asking me if I would serve or my firm would serve as counsel I want to withdraw at. now and under no circumstances would I let anyone serve because I am now i:. •:nsed at this last statement. And I'm going to tell you what that statement is. That statement comes from the records of May 13th. And he's going to come clown 15 minutes and tell thin man what he thinks is a law and I don't think you're equipted to determine what the law is. I think you'd better ,c:t a rsr 1 f :one of chose big }nigh powered fine lawyers and I want to tei.t you I co ant any part o.` it. Dut I'm sure going to watch it as a tax- payer and I'm :oine tell ::ilia company I m going to write them a letter on my behalf and on behu,rlv family and everyother subscriber in this community because _ teiok tn,-y owe rr,e money on the interest of my money on the theory of Quantum :•:eru__t.. now I'm not a precipitous fellow and I'm not withdrawing because I'm angry. 1'n; wi Ledrawing because I'rr, proud because you and I share a couple of things in eo:.;:no:; ei rats; t?i.th the other people here. I do think one could make a differe; ce and a t ou,r_; :o-lio'' from Plains, Georgia just said that. So I'm going to fo11o'• t:._s _vcr. r:•.re lere:etically than I have before and to the extent that we can ('_o any _r/c. in terme o;, 1 can of being of assistance I'm going to follow it. W...eth : yo.: your own Lai:' Department or you go out and hire someone like X, Y or \los _.'..-r -nor lawyers m:tkt that decision. But don't you let this phone company tel.:. you tnn t they ' re .-'oi rag to come down and do i t . And I have some specific rc:c l:e. ations to make. (1) Please don't ever schedule another matter like this that ,-..ay involve $ `. ='D•, 00, 000 to $200, 000, 000 at a regularly scheduled meeting of eS.e tom i.ssion. You people are too tired. You can't be sharp enough to listen all Oey to anything from boats to variances and set backs in yards and all that sort of beeiness Mr. Plummer: The. ; ,s<<t chat I've tried to make for the last hour and a half. The only reason this .;a scheduled was to put in an interim agreement. There was no discussion supposed t.) evolve about the franchise. Mr. Fine: boat Lna! ':.: r.ot the point. What I'm really getting at is you ought to, in my opinion st ;r_ ap for one whole day. The Manager started last meeting by saying if he gave you all the details it would take two, three or four days - I would beg you to r.ai:e them. I think for $150,000,000 it may be worth it over the next 30 yea;;s. You've got a very find consultant in this Beck Company, Mr. Bathon. I've spoken to him, you can go ahead and do that and you can get that company to give you a lot of input. And I would say another thing. I have tremendous respect for yeer Ci':y .:ar.=:yer but is ar=out to leave you. You're going to have a brand new fell! c ...,.. ih. T .r_ _ld .hial: that any meeting at which anything is dis- cusser •_...•=cnise ought to be advertised including any negotiation. And : = iq,tit L7v .Jr present if I wart to be present and I want the right to stay home a: a ter ; vat. taxpayer if I want to stay home. If this company and it's great stal'. 1 •twyer; come .:own and cry to sell you a bill of goods I may want to !.al:e song• •.• off of my business from my practice and come down and lis- ten to it and so rn.t', A tut of or:her people in this community who probably are 10 times smarter that, 1 .gym. And when they listen to it they may come to you. 1 believe, I wanwanr. r , epeat and close on this note. I don't know Mr. Brown well, I had the pleasure of aoing a little work on the Housing Bond Issue when he was President of the Chamber of Commerce. He did a great job there. He sent me a nice little noire. I em sure he is one of the most outstanding businessmen and JUN 171976 • men of integrity in this community. I think his company is one of the best man- aged companies but we don't have to bow down and say that because of that we're going to talk to you and we're going to talk to you and we're going to give you whatever you want because what they're really saying to you is we don't think we owe you anything. Now let me just, I'm sorry, I have one other statement. Mr. Mayor, you're as::ing your manager and you': staff to negotiate before you've estab- lished your legal position. _,nc F •.:st ._:y to %vou I think Father Gibson is right. If you're n`:?ot_atine from e position, o:: ntrenoth what is or is not a good deal is one tiinrI. negot iat=_r..; :. :;,;ion whore good God if we lose this case Southern 6e 1 car, use all those Lt::e.et3 and pav you nothing that is a dif- ferent thine. And I wouldn't negotiate a doggone bit until I got those legal issues straightened out. Mayor Ferre: Mr. Fine, let me ask you a question. Would something like that go to a Florida Court? That wouldn't be a federal matter would it? Mr. Fine: Oh, it world be right here. Right here. Mayor Ferre: Alright, now let me ask you this. If that were taken to court how long do you think it would be before a judge would rule on it? Mr. Finn: Let me say this to you. If you want my honest opinion it'll never get to court because they know what the situation is. They know that they have, in my opinion they know - they paid this fee and they're estopped. And I believe when you put your big legal guns on the line with their big legal guns you're going to end up with an agreement. And I want to make it abundantly clear I'm not a big legal gun and I'm not for hire. Mayor Ferre: Yes, but you see in a way what you do when you say you have pride and you got a little upset and incensed, but you know what you've just done here isn't nice, Marty. Mr. Fine: Isn't nice? Why not? Mayor Ferre: Because you got us all excited and that's fine and you're doing that as a private citizen. But I'll tell you, end I'm not casting any aspersions on the legal profession in this town bet you know every time I need, andy I hope you lawyers will forgive me but sometimes when I get into deep water and serious trouble I go up to New '.:or:•c because that' w'her: t:;a Jim Frowns in the legal professions, a lot of them end up. They end up In thcsc big New York law firms and I know a lot of you ,•Lam lawyers say, "Well you're just deceiving Yourself." Now let me tell you something. There are net that many lawyers in this community that have taken the time and had the knowledge that you have at this point and I think you are absolute]y wrong and just all of a sudden now you're saying, and I know you don't do things precipitiously. Mr. Fine: No, I don't, I never do. Mayor Ferre: But I'll tell you, if we're going to get into legal waters we're going to need some help and it is unfair to ask you to do this on a volunteer basis and I think you're a busy man and (1) I think you ought to take that back and I think you ought to be available to the city not full time obviously, you've got so many other things to do but on a consulting basis and perhaps you can act as a guide to lead us to z. lag- firm either here or... or New York or Washington or what have you that will be able to properly represent. This is a complicated matter and we need very special surgeons to get into this. Mr. Fins.: It is. Let me gay thir:. You and I've been friends a long time and I would never want to do anything that you would misinterpret so I'm not running from the fight I just want, I think the issue might get a little middied up, some- one might say, "Hey this fellow did bee uue he wants to make a legal fee." So I want to get that O.t of thc. t;c:.,. I'-. '_)lr:. ._o be right here, I'm going to come to those mectiwhen • fired eee eou: ..., - -1r:d I've got a good enough pipe line if they don't_..i:. rt:'• ...:Jut •-... I'll __..._t .i;bcut them anyhow and I'll get to the meetings r.r:.i you cee -o tc goon, Dade County. We've got some great brilliant law 'ers _n this city and you ?:_.o•; them. And they're available I'm sure and there are other lawyers in New York eed other places. WE use local counsel... Mayor Ferre: Well, we might want you to help us. If we get into legal battles here they're going tc have the best lawyers that money can buy and we're going to have the same. Iax. Fine: Let me make it very clear and _final the statement of my form. I'm going to help if I do anything as a private concerned committed citizen without fee of 411111III UI1II IIPIFUI III AAUIIII' 11 11 II II I111PI111 R JUN 171976 1 any nature whatsoever.. When I run out of time I'll tell you. And I would be Willing to sit down with you and talk to you about some suggestions if you have any as to whether. I think they'd do the job. But I would beg you to get your position legally clarified before you move ahead because I think once you're on good legal firm ground you may know what to do and I may have to come back here two months from now eatine crow and say to this commission these statements that I thought in good r;rit !, were correct are riot now correct. Maybe some fancy fellow or competent lawyer found that they were wrong. Titat wouldn't bother me... Mayor Ferre: filar', , . let me eek you. How Long would a process like that take for us to go throun=, the court process? Mr. Fine: I'm it,. 1,ui i '.hi:rk you eeu1d file a declaratory decree in the circuit court and t think that a judge who would understand the nature of the problem would expedite it. S have no doubt that either side would probably appeal and yoo may he lug;k•,• that it':; 6 to 9 months. For this kind of money it is pretty good. And you knew lea example I don't want to go back over ancient history but Mr. Mayor, I beg;;eJ this commission and previous commissions to file a declaratory decree to determine whether- of not you were entitled to interstate calls a long time ago. Doesn't it sort of worry you that a company with this much at stake in its physical plant- it, hir, community waits until about 60 days before a franchise expires? My God, if I had a contract like that I'd have been up here a year or two ago begging re talk about i t . Mayor Ferre: Yes, but I don't always understand how some of these big fellows think. Mr. Fine: Well, you:'re not a country boy, you understand how it works. Mayor Ferro: Yea, well I. can't figure out.... Mr. Finu: I meant. !hit in a c.:ompli.mentary say. Mayor eerie: Yes, : t.00}- it that way even though I am a country boy. I was horn in South Puerto Rir:o, Mr. Fine: I know ti,.,t part. of Puerto Rico where you come from. Mayor Ferre: Let_ me tell you that I don't understand all these things. I don't understand why JOQ doesn't answer us when he knows that the first game he is going to be;ula,,' }: 's goincj to be paying 17%, he used to pay 3%. Mr. Fine: Oh, I suspect 'ray the time the football is across the goal line you will Lave made a dal and I don't now anything abouc it. Mayor Ferro: Weil, 're now pushing ,Tune you know. Mr. Fine: You know all those wonderful things which I wholeheartedly agree with about Mr. Brown .ini 1t:s; company lead me to believe that once you determine your legal position you' , going tc, be in 000d ohape and come up with a franchise and you and I happen te •«,;te at the same precinct at the Museum of Science, nothing would please me room•, and T mean it Mr. Brown to be at that booth voting for your franchise. I think you ought to have one I just thing you ought to pay the right price for it. Mayor Ferre: Marty, :.r .legal question that perhaps I should ask John Lloyd but while you're stand i r,•r ;_p here, what do we do in the meantime while we go and deter- mine our... Mr. Fine: That's 'ale, you reed a good lawyer. Mrs. Gordon: That's ; x„c t'.y what l: s.r.id before. t:r. Fine: Let :. _ ; i v•. you an idea of what you do, Mr. Mayor. Maurice, let me give you an exa:::nlr: of something you'd be familiar with. Let me give you one of the possibilities. t'aurice, if you rented one of your stores to a tenant for a year and that tenant iiti. 't v,rcat on .''august llth when his lease was up that ten- ant in my opinion 1eoaliy becomes a tenant at will. or a tenant in sufferance and you can charc-e '.aim wl:at.ever you want to charge him. Now I don't think you should charge an unconscionable fee to this company to use your streets but their lease is up. They have ne rights to use my streets, the city's streets. I think you ought to research :.fist position very very carefully but I am of the opinion that they are improperly or will be improperly using your streets, your stockholders' streets without payit-g for it. And I don't believe they want to do that. I JUN 171976 believe they want a franchise. But you see, everytime you turn around you find a legal question. Now Mr. Mayor, in conclusion and members of the commission, I would say this: I think this city in entitled to the best legal advice you can get and I think you've been getting it from a fine lawyer John Lloyd, he's retir- ing and I wish him well. The Manager is retiring, and I wish him well but somebody has to look out after the people. Mayor Ferre: You wouldn't be interested ia giving up a year of your law practice and become City Attorney mould you tor .:ila? Mr. Fine: No. If I give up a year of anything it is going to serve my temple which I'm trying to find time to dr, and I'rn going to take a year's leave of absence and do that. Mayor Ferre: Well why don't you do that next year? Why don't you do this one first? Mr. Fine: No, Rabbi '?arot has asked me to do that and I'm seriously considering it. But the fact of the matter is that I've given up an awful lot of my time on this. I want to tell you I was up until about 2 O'Clock in the morning reading that transcript of the May 13th meeting and the more I read it the more angry I became because I don't think he meant it. I believe Mr. Brown, that's a real tough statement. I mean he nets up here and says, that company does not he, he's representing a company, "I don't think you have any right to charge me anything but if you want to charge me something I'll give you whatever I think is right." Get yourself a good lawyer and get some answers to your questions. Mr. Lloyd: May I be heard briefly? Let me say this; that we have discussed this at the previous Commission Meeting and Father. Gibson brought it up and there is no question in my mind, and I have so informo d Southern Bell of this, that we have the right to charge a franchise fee ,and for the very reason that Father Gibson said just a moment ago. And I have absolutely no problem with that whatsoever. That legal oueseion asp far as I am concerned has been determined. My opinion is that if we go co ccurL the only issue before the court will be how much. Also I am fully aware of C.}.a_ t_er 362 of the Florida Statutes. Now I wish to call that to your attention. `^net was quoted to ,__ in part by Southern Bell representatives to the effeo_ teat, although in fa:.:ac I '. :live they did put the whole statute in their preeentation, their. folde... ant tee quote was made that they have a right given to then by the State of ilor'_c8 ta use municipal streets but the second part of the statute is - s'e:,ject to :, r:aoesior: by the municipalities whose streets they uFF, and, c;t course, when yoo have tho night to give permission to somebody to use .'cur streets you nave the right to charge them for it. So I have no prob- lem legally with the city's right to charge. Ears. Gordon: It says so right here in this statute. 411 Mr. Plummer: Well what do you have a problem with? Mr. Lloyd: I just said if we have to go to court the only issue before the court in my mind, now they may present that other issue and there is no way to prevent them from presenting an issue questioning our right. See? But as I said the issue will be how much and, of course, this is what we're trying to determine by negot- iation. Now the next question is will they be, the legal question is will they be using our streets without authority after the franchise expires. The answer to that is certainly. Now the next question is can we charge them for it. The answer _ to that is yee. Now, here acai:: the issue is how much. The only thing we are trying to do today, and it is not absolutely necessary that we pass this resolution today. There is no reason why we caeno_ and I have already recommended this, put Southern Fell on notice although I thin;: they are on perfect notice that they are aware of the fact that our po.itien is that they cannot use the streets without coming to an agreement with the City of Miami. The only reason for this resolut- ion i3 to provide for an interir'. nayitene :_n the meantime. ;Los. .e_,rcon: .:t on the c-_her .:a.::cl, John, as was pointed out by Mr. Fine and which I seconded the motion before it was aoia _._c ,gut, the wording in here might injure our future negotiation because it delineates specifics which perhaps would be to our detriment. Mr. Lloyd: No, that's what we don't want to do and that's why we've included in there, and if it isn't specific enough we'll change it to make it more specific - without prejudice to the rights of either party with respect to the subsequent franchise to ... JUN171976 Mr. Fine: Mr. Mayor, I have a specifie segges t. i un to make. You know as I look back on some of the things I've suggested to the city, what happens we get in- volved in so many complicated matters some of the easy ones are rather... I'd like to make a recommendation that I made, as; 01 on my list and see if somebody would be willing to make an ordinance or whatever you call it, Mr. Lloyd, and go ahead and do it.. I think in order to get- a good feel of where you're going you ought to hire an a, tt :,ide C.P.A. firm, that is one who does your external audit. I don't know who it is, don't even want to know. And let them go into the books and records of Sot:tl.c rn Bell l say for the ' ast two years and determine if, in fact, you have receiraci the years 1974 and le75 the proper amount of franchise fee as based on the ordi nan-_e for -getting intra-state calls. As J. L. has said it one t:irne, "My cued what ,lifferen'-e does it make where it comes from let's see how much is there." I don't_ hul if_ in the fut ar e, l buy it in the past to some limited extent. Now one of +tie t hincj:s you may final is Southern Bell may say you don't have the right to 1, l r,:,t. You ought to ank them about that. I mean you're going to go, t hate to tile analogy, I'd het ! er not. You know you're going to be in business with soril i; iGr a long time, you ought to see what some of the ground rules are. That. „u '. i t _„vldn't cost you all that much money and you ought to go in and audit chat Iei a minimum of two years. And then you can get a good feel about how some of these chargeare and in the scope of audit you ought to ask that firm what other '-,,:rge,s :r-me out of there on city lines other than the tele- phone call and that weeid give you one little piece of business that you can get started on while yoL'r• doing the rest of this. Mayor Ferre: Are ficti raying that we would amend this document somewhat so that it doesn't in any war' create a probime for us legally? Mr. Fine: I don't think you need a document. Mrs. Gordon: I was i r::t_ going to say, Mr. Mayor, anything we put into a document you know might hamper our future. Mayor 1•'erre: We d,,:.' need a document. Mr. Fine: Pardon mc-, I want to be very clear. I'm not giving you any legal ad- vice. I'm saving in my opinion as a non -lawyer speaking now I think that I can't see any reaso:, why yea need a document. Now if you got a document that they said they :said thy would agree to the concept of you have the right to give them a franc:ease I world t11: to them. Put at this moment this company is, like you say, he didn't get :ce he is b} beca..se he is a cracker from Georgia - he's a smart man arc .riving to you, "1'm not going to sign any franchise so why should you give him one. I'd go ahead and do what you have to do... Mayor Ferre: What ''u're saying is, why should we siyn anything if he's not going tc, sign with us. Mr. Fine: Of course, that's a half -way promisory note: but. I think you have the 'tight to go in and examine these books and I think your external auditor would charge you a fee r.hat might be justified. Wouldn't it be nice if you went back in there and found that everything was perfect and then you'd say, hey, let's find the... Mayor Ferre: Airig'4'., I think I've pretty well come to a conclusion in my own mind on what I'd like to do and I'll just throw it out for you. I think we ought to do threw thine:s; ;.no, request that the Manager continue negotiations without any written docume:t or resolutions with the people of Southern Bell. Two, talk to the new auditing fine a^_i have you discuss with Southern Bell as to whether or r.ot they recognize r,ur ri ght to go in there and look at their books, okay, and find cut what kind cot a job it's going to be and how much it's going to cost and what it's all about, Mr. Andrews, and number three, we better get together with our good friend here, Mr. !riot, and perhaps get some advice as to who ir, the legal eeofess-ion cC:.i: .4.. ._ _;r r ,::_: in :_ .kr> this and what kind of a fee we're talking about, 'm .-?:^ c: = Lloyd hut, .._ . hloyd is leaving this week but I'm saying that.: _c_ . .,or.:c= ir.c a yo: , t:.: _ gives us three ways. One is to hopefully settle this thing, we can come t„ an agreement and if we can't, we've got to go in there and look at those books and we better start looking for legal fees, a legal __- to represent us. Mr. Fine: Mr. Androws, we have paid the backing company how much money? Mr. Andrews: About (, or :7,000.00. 74 JUN 171976 • Mr. Plummer: Now three? are the experts, is that correct? Now to me, when you go to court, you need a lawyer, right? 1 don't think we're at this stage of the game and truthfully, I don't know what we've got to go to court about unless we have to answer them. Now if Becken Co. are a nationally known company and I remember the wording of the motion to allow you to hire someone, why do we need a lawyer? Why don't wc' need a person that's an expert in this field? Mayor Fer.re: For a ve -, si,,._-le rr-teeee Mr. Fine has do:le _t lea: t'lm:_s need a larvet. If, now let me finish, something, then we don't need a lawyer. an agreement, then we've got to go to a wrong and what Lloyd says is right.... Mr. Plummer: I disagree with you. :.ct me answer that and I think that and I would say that this is why we i:: :•;e `;.e going to come to an agreement on however, we're not going to come to courtroom and prove that what they say is Mr. Andrews: I'd like you to hear from Mr. Bathen as to their role of a special kind of attorney that's needed to try these things if you should go into litigation. Mayor Ferre: You see, Plummer!? That's exactly the point of what I'm worrying about is that we go out on this thing half and 6 months down the line, you know, I'm all alone on this thing for maybe Rose and I or Gibson and I or and then you guys are out going some other place and say, well, we don't have to go to court but we DO have to go to court because if we're going to fight, man, I'm not going to fie-ht with any of these gertlemen rules where gloves are, you know, none of that stuff. If we're going to fight, we're going to fight tc' win and that means we go to court all the way and that means we're going to go in for the , we're going to go fol all of these other things, you know, I'm not going tc go in, if we're going to fight, we're going to fight and if we're going to get along, we're going to get along... Mr. Andrews: And if you persue that, of course, you're going to have to, I know, become involved in a thorough, complete analysis as to the value of the pu'>lic right-of-way to the coiipany. Mr. Bathen: nay I say this. Our role az Consultants, I think we can justly call ourselves nationally known consultants hut we are, essentially, utility analysts, consulting engineers anal,,sts, we are rot h-tcrneys, we weren't hired as Attorneys, we don't gild legal opt:?'ono and _tt_:: to put that in perspective, I think Mr. Andrews did out that in 2ersp cti.ve, tUc*e are two :_seues here; one is technical in value which we have assisted City Manil..ger'a Office on and the other is legal questions and to put t.r.at in :>erspc.ctive for you, let me say this that we assisted the City Manager's Office in de'•:ce]op:nc the first position with respect to what the value of this franchise is. Ve didn't feel bound by looking at the 1% franchise fee thz_t Southern Bell has paid over the past 30 years and accepting that as a benchmark as what is reasonable. We looker at other aspects, we locked at rates, the rate of return that they were :caking, we looked at the value of the franchise from the stJ.ndpoint of what other franchised utilities they're paying. We think that this franchise does have value or should have value and I honestly believe that the company placers a much greater value on this franchise than Mr. Brown has led this Commission to think. I think that's best illustrated, Mr. Mayor, by ycur comment this evening and at our first meeting that if you had your , you'd like to see this thing ;De s very short term franchise on the order of 4 or 5 years so that you wouldn't be making an-r mistake that would be a burden on the people of Miami for a 30 year period - that'e e long period of time and even though Mr. Brown had made the statement, the written statement that they didn't place much value on this franchise, I think he came back in response to that remark to you and said no, that would not be acceptable. That wouldn't be acceptable because this company has difficulty financing with 5 year franchises or short term... Mayor .'erre: why I :Jut out beca.0 _ I knew that it wasn't acceptable and I'm pretty sure thet•:r. Brown ceder :tooe exactly what my message was. I don't have to talk very on(; to make that point. Mr. Bathen: Now we think this. Lot me Dust put into perspective this difference between our services and and the legal services. Looking at the overall dollar value to the company, we think that the package in the City's first negotiating position would be a reasonable compensation for this franchise. Now, the fact: that at the present time the public serv=_'e commission would only permit the company to absorb one percent of that in their local service rates and their other rates and permits them to pass the balance on to the rate payers, anything in excess of one percent isn't a technical question, it's a legal question. It's a legal 7,7 JUN171976 question that was taken up before the Public Service Commission and may very well be taken up before them again and... Mayor Ferre: There is a torch because the: Public Service Commission is an administrative body and they may not be the _ on this thing and I'll tell you, the one thing I learned from Senator Metcalf and all of those people he had up there is that thi_:, thing is alot more complicated and the only trouble is that is bores most people to death and most people couldn't care less. They complain about their phone i;ilis and their utility bill; but they don't have the foggiest idea... Mr. Fine: Mr. Maser, may I ask you brie gut stion please? 1f this Commission passed an Drdinanee +'day ordering and directing the City Manager to hire an external auditor to n:pect the books of ,a phone company for the last two fiscal years t.o see if it 1'.tid you the right amount of money, would I, please, through you, ask you to as?: tt.e company if they'd make their books available? You'll get a good indication of where you're at. Mayor Ferre: Alrigr , let's ask that question. Mr. Brown, a question is asked of you through the Chair as to whether or not Southern Bell Telephone Company would open the books to a nationally recognized auditing firm to look through the books on the callibratioh as to exactly how you came up with a figure of the amount of franchise you paid us. (INAUDIBLE) Mayor Ferre: We11 y'•:,, limit it just to the local phone calls, is that what you are talking about? You haven't talked about at this point. Mr. Fine: Well, we're not going to let angry but I'm going to tell you one thing, Mr. Mayor, my mother lidn't raise foolish children and I haven't been on a witch hunt and I haven't m +e 'u;e' insinuation. All I've stated is fact and... Mayor Ferre: Marty, I'll tell you, 1 agree with both of you, okay? Mr. Fine: Well, that's a good way to be. My feelings aren't. hurt. He's protec- ting his company a.rvi I'm protecting mine also and I'm not on a witch hunt and I'd like you to arrtand your motion, if you hire, and not only send your C.P.A. firm in but send Becken Company in becaue they're going to help that C.F.A. and find out what to look at. Mr. Bathen: Ycur honor, let me just point one thing out. With respect to the determination of the basis on which the 1% franchise fee is calculated, we have reviewed the documents in the internal auditors department going back, I think, to 1954 and it's been :;Dote good number of years since the company furnished informa- r tion on which it maLee an allocation... Mayor Ferre: Well 'ha is our fault and not theirs... Mr. Bathen: I'm rr,t eaying whose fault .it is... Mayor Ferre: Well rS,_rne on us, we should have insisted on it. Mr. Bathen: Your I+•_rnsr, all I'm saying is that in addition to auditing, there are some procedures where engineers would normally be involved in the allocation process and it would probably take a combination of both auditors and consultants .to determine the reasonableness on which the company has based it. Now just point this out. My understanding, my recollection is that those ratios were developed some time ago and it is these ratios that are applied to a certain exchanges that lie partyly within .trt: partly without. So you would have to give some guidelines as to :whether we t1'1' to it:terror;:e: for .:37.4 and 1975... Mayor i'e_:re: I uridt rstc.:-.d tut w:;at ".r. iiwr: has told you is that lie's not going to open up his bC),;r::: for things that are trot determined at this stage of the game to be fair game, o:,,y? The point I'm trying to say is that if they have not sub- mitted thei r files ,,;,o records and reasons as to how they determine what they pay us and we haven't lnreued that, then shame on us, shame on them too but it's our fault: because if I :.':e in issues, that's exactly what I would do, I wouldn't send you a damn titint until you requested it so we haven't done it so it's the City'!; fault, I'm riot going to blame Southern Bell, that's a smart thing for them to do. . Now let me• te11 you something e] se.. . Mr. Bathen: I didn't- intend t.o indicate any blame one way or the other but simply 7P JUN 171976 to state the facts of the situation that there are allocations made from year to year and you might have to go in and review those allocations on a... Mayor Ferre: Look, I'm going to con' back and tall you that .any way you slice it, we've got to make a deal that is a good deal for the City of Miami or we open up this can of worms and t'11 tell you, if we open up the can of worms, I'm willing to do it but I don't want somebody com:ne here and screaming at me after all the heat and the editorials and ,people screa n-: and all this stuff begins to turn on us that the ra .e payers are going to L_ r it anyway and this is just a way of our taxing the ncorde and that the City c' ',iami ought to be abolished and this is a typical case because we're fiscally bankrupt, 1 could tell you what the editorials are going to be right now. Mrs. Gordon: Maurice, may I say something. Honest to goodness, those statements don't bother me, they irritate me only to the extent that if we're right, we stand on what's right and if we're wrong, then we say so right now... Mayor Ferre: But Rose, let me tell you, I think I've been right in things and all of a sudden here I was charging and then when I looker] back... Let me tell you a story about the Lone Hanger. The Lone Ranger was there with Tonto and he looks over there on the left and up on top of this mountain were all of these 10,000 Siouxs and he goes and he rides up and then here are all of the Cherokee Indians on this side, he looks down on the valley and all the Navahos or whatever they are and he turns arourd to Tonto and he says, Tonto, what will we do now, and you know what Tonto says? He says, what do you mean WE, paleface? I don't want to find myself in the Lone Ranger's situation. Mrs. Gordon: Please., I want to make a point and then I'm through. I'm not going to say that much. Okay, if, in fact we did proceed to get an independent auditing firm to go into past history which is the last two or three years and if, in fact, we are permitted to se:e certain documents and certain books, I'm not the lawyer, see, that's where the Lawyer comes in, can we request to see anything else? Have we a legal right to, for instance, I would like to know from these indepenient auditors if, in fact, we do go that route, I'd like to know how much money we didn't earn on the franchise dollars that were paid to us annually that were collected monthly, I'd like to know how much money we didn't make or didn't get. Those are the kinds of figures I'd like to have and how much it was for tle past... (INAUDIBLE) Mrs. Gordon: I'm talking to you because you were talking about Tonto and somebody. Mayor Ferre: I wasn't talking about you, Rose. Mr. Fine: I'd like to make an observation just to show you where we're at and this is not an insinuation. 0n page 2 of the franchise, by the way, it is beyond belief that the franchise involves all of this .coney is 4 pages plus the signature page, now if I've done nothing else to this Commission, I hope I've helped identify a problem that in your new franchise, you need to include what rights you hive to review what books, where they should be, for example, you may find that yc u're going to go in to look at some of these books and someone is going to say, they're not down here in Miami, they're in the head office of Southern Bell which is in Atlanta and you don't have authority to go there. they ;light say, so when you draft this franchise, you've got to get busy and get all of that language but let me just read you the one clause that you ought to have had your auditors (heck. It says, "The company shall pay to the City annually, a sum equal to 1% of the annual gross receipts of the company from rentals derived from telephones in use within the corporate limits of the City." Well that's very clear. All you do is ask an auditing firm to find that out and if you can't get the records to find it out, you've got a big problem entering into a franchise with a company that won't let you see its records. Mr. Brown; ...anti 1 .on't hnow wncnce ! u;: they have a right to come down and look at them and when they come back, if the., c.o::' ` have the records enough to make an independent investigation, their auditor can come back and say to them, we can't give you an opinion, we're going to give you a qualified opinion... (INAUDIBLE) Mr. Brown: Never mad- one, never made one. Rev. Gibson: Mr. Mayor, let me do this again. The last time we had a di:cus:sion .on this matter and I want to make sure that Mr. Lloyd gets this, he may n)t b: here JUN 171976 but I hope he'll ir.-;t:ruct whoever is here ertit that final decision is made to do it and Mr. Brown, I want to make sure, you hear me and make sure that you under- stand that I did not mean you only and there was no insinuation upon the honesty and integrity of Southern Bell. The last time wP met, I made a motion, tir. Fine, you ought to know this, that the City of Miami must audit the account of any and all companies it dues business with, and let me give some examples; South':rn Bell, Florida Power and Light Company, any boat outfits that you know that uses those slips out `.here, anybody doing business with the City, it is i.ncredi t.aile that we just accept their report. In the Church I served, one of the first things you've ,; et to do at the en.] of the year is produce an audit. , not mine, somebody other than ee:nebcr;:y in the Church, I have to send that to the Bishop and now that's the Chat O! That's the Churn h, not .e business firm! My God, I never thought that this is the way that we Flo business here and I'm glad I found out. Now I want to make that motion even if. I've got to put it in the record for a second time. I move. you, Mr. Mayor, where's the Mayor? Mrs. Cordon: I'll handle this here. Rev. Gibson: No, 1 want him here to vote, man, I want to see how many of us are going to vote before I start Mayor Ferro: Alright_, let's yet going. Mrs. Gordon and my fellow Commissioners, I return to my statement of half an hour ago and I will repeat it and this is my advice to all of us. [lumber 1, that we instruct, Air. Andrews, if you want to get through with this, why don't we just all try to stick together for 5 minutes and then we can maybe get_ through and finally get to the issue that we've put off for three different meetings. It is now 7:00. f4r. Andrews: Mr. !t,,y ,r, whatever you do, would you be good enough to do it in a motion form or corm t eirr-{ so t.het there's. . Mayor Ferro: I'm tee Chair s'' I can't make motions. Mrs. ',orlon: Okay, I'll take the Chair so the Mayor can make the motion. Mayor Ferre: I'll setke the following motions: Number one, that the City Manager be instructed to continue negotiations with Southern Bell; number two, and report to us on a weekly :?eels, if it need be, on a daily basis and if we need to have a special Cor.mission meeting, let me know so we can call it; number two, that the City Manager be leist-_reote d to bea;._i the process of finding, asking our auditors to sit clown with the eoprooriete people of Southern Bell, to begin to discuss the peramete_s or en _.eeetigat_on or whatever you want to call it, I don't want to get into inflematcr', 1a.cgu;ge here, of a review of the basis of how they figured out what we've gotten in the past two years and other information that is pertinent and you'll code Laek and say, they say this isn't pertinent, now we think it is or we don't think .it is or we don't know whether it should be or what have you - that's for number Mrs. t,ordon: Mr. , t•;or, , wi 1 1 you include our consultant in wi t.h the auditor... Mayor Ferre: And the ,::,;nsulti.ng bank -to -he participating with the auditor as a team so that they understand what they're looking at and why they're looking. The third portion of my motion is that the City Attorney and the City Manager's Office, with Mr. Martin Fine, begin discussing and looking for appropriate, quali- fied technicians in the Law who are knowledgable and interested in this field and to recommend to us who these law firms might be should we get to the point that we might need to go to curt to get declaratory decrees as to what our rights are and are not. I'm not talking about a lawsuit beyond that at this point, just to do as Mr. Fine said, if we need to get to that, we don't come to an agreement. I don't see any reasoa for .iny resolution at this time other than what I just made and I so move. Mrs. Gordon: Okay, Mr. Mayor, in your second point. would you also include what the auditors estimate t:he unearned interest on the monies that were not received... Mayor i erre: 1 ino!u'ie all of those things, Rose. Mrs. (orlon: Okay, is that Talc t: of number 2? Mayor Terre: That's part of number 2. ile may come up with it, may not be able to, I don't know but we'll include all of the different things that have been discussed today. IIIIII I I P 111 I I!111111,111 I I I I11 I AI I I JUN171976 Mr6. Gordon: That's not a difficult point to entablish. (INAUDIBLE) Mayor Ferre: I'll tell you, Marty, right for now... Look, if I'aul can't come up with something, then I think beyond that point, that's the way to do it hut right now, let's let Paul have a crack, he's only going to be here for another couple of weeks. If he doesn't do it in another ccuple of weeks, we're into a big and then I agree with you, we're going to do everything Mrs. Gordon: Okay, I've got your three points. Is there a second to the motion? Mr. Plummer., you made the second? Okay, on discussion on the motion. Mr. Plummer.: I want this understood that everything that you've encompassed in your motion does not in any way preclude this Commission's right to make the best deal for the City and I don't want, I have no right, look, I have no problems with Marty, the City Attorney and everybody looking and giving to us the names of qualified lawyers. I'm not going to engage any lawyers, I don't mind the right of them going and looking at the books to see what has happened in the past because we're not talking about it, I think the only thing we're going to develop there is maybe big tears if there is a big mistake. I've got no problem there and to con- tinue negotiations is what I've wanted to do for the last three hours. I've got no problem with seconding the motion. Mayor Ferre: I want you to know and I want to make you very clear of my intention, I was kidding a little bit about being the Lone Ranger, I've been the Lone Ranger many times and I've got news for you, I intend to be the Lone Ranger many times again. We've all been Lone Rangers and I want to tell you something, that if we don't come to an agreement, I don't mind being the Lone Ranger because that's what I'm going to end up being but I'm going to fight this through to the end. Mrs. Gordon: I would like to ask, on discussion, if you would include the notice to all Commissioners and I think that if all Commissioners notified, press has to be so told also, I do believe that negotiations are best handled in the sunshine and that this is the part of the negotiations that should be handled in the sun- shine. Mayor Ferre: I did include that in my motion. Mrs. Gordon: No you did not and I'm on discussion to ask you if you would. Mayor Ferre: Rose, I'll tell you; I think right now T- got a feeling that Paul Andrews and Jim Brown kind of get along a little bit and Paul isn't going to be around much longer and if I were Jim Brown, I'd make a good deal real quick -like with Paul and I'd like to let tir. Brown have that opportunity to do that before we get into some mean fellows that we may have around here. (INAUDIBLE) Mayor Ferre: Mr. Brown, let me tell you what is the problem. You know, doggone it, I remember going through Arnold Hersche, have you ever heard of Arnold Hersche? (INAUDIBLE) Mayor Ferre: (INAUDIBLE) You have? Mrs. Gordon: Yes, but we're paying them, on discussion on that point, we're paying them for that job and if they can direct our auditors to look at a matter, then I believe that that's the part of the job we're paying them for. (INAUDIBLE) Mayor Ferre: That's all we're talking about. I don't see them directly in there but the audit is going to be done by auditors or whatever it's called... Mrs. Gordon: Did you want to speak to that point, Mr. Bathen? Mr. Bathen: No, I just wanted to say one thing that with respect to my understanding of the Commission's motion and to put Mr. Brown's mind somewhat at ease, the only thing that I can see that the auditor and us would want to see is the allocation of those exchanges that are partly within and partly outside the City and to look at 1! U!I!!!u�1ei��ga��1A#4ml�+�! JUN 171976 • those things and nett*inq more. I think from that and the determination, now the auditor may go into it deeper auditing procedures but our input to that would be to examine I_hat allocation. Mrs. Gordon: Alright, any further dircnssir,n ON the motion as it was delineated in three parts? There being none, would you call the roll, please The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 76-604 A MOTION INSTRUCTING THE CITY MANAGER TO CONTINIJE NEGOTIATIONS WITH SOUTHERN BELL TELEPHONE: COMPANY WITH REGARD TO A NEW FRANCHISE AND REPORT HIS PROGRESS TO THE CITY COMMISSION AT FREQUENT INTERVALS; FURTHER INSTRUCTING THE CITY MANAGER TO CAUSE THE CITY' S AUDITORS, TOGETHER WITH THE CITY'S CONSULT- ANTS, BECK & CO., TO INVESTIGATE AND REVIEW THE BASIS ON WHICH THE AMOUNT OF MONEY PAID THE CITY OVER THE PAST TWO YEARS BY SOUTHER. BELL TELEPHONE COMPANY WAS COMPUTED, AS WELL AS OTHER PERTINENT INFORMATION TO THE GRANTING OF A NEW FRANCHISE; AND INSTRuCTING THE CITY ATTORNEY AND THE CITY MANAGER, TOGETHI;R WITH MR. MARTIN FINE, TO EXPLORE THE AREA or LAW FIRM QUALIFIED TO PURSUE LITIGATION WITH PUBLIC UTILITY COMPANIES IN THE EVENT IT BECOMES NECESSARY FOR THE CITY TO SEEK REMEDIES IN THE COURTS IN CONNECTION WITH THI. !LATTER Upon being neeon�'.cd by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner N riolo R>boso Commissioner J. I.. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rase Gordon Mayer Maurice A. Ferro NOES: None. Mayor Ferre: I want to thank Mr. Brown, his associates, Mr. Fine and all of you who basically sat through all of this. Rev. Gibson: Is there such thing as arbitration in this kind of business? Mr. Lloyd: I can un:_,wer that. Yes, there is providing the parties agree to it. There's no provision for it in the franchise. Rev. Gibson: I just wanted to know because if we're going to be fighting night after night. Mayor Ferre: Well that's what a court is... Mr. Plummer: As long as I'm the arbitrator, yes, we can go to bind in arbitration. Rev. Gibson: The only thing I was thinking is, I'm like the Mayor. I don't want to go for 10,000 years if I don't have to. If I could get you to arbitrate reasonably, but I don't want to rross that bridge now .. Mr. Lloyd: Let me: state this for a fact. We could not go to binding arbitration because that would be an unlawful delegation of authority. Now we could arbitrate by agreement but then you'd still have to go through your regular Charter proce- dures. Mr. Fine: Mr. Mayor, may I ask when the next formal meeting of the City Commission is that's going to consider this? Mrs. Gordon: I don't know if they were going to consider this July... Mr. Mayor, please, are we going to consider this matter again on July 1st or are we making a special meeting... Mayor Ferre: We're going to consider this again everytime we meet until we get it solved and if we need a special meeting in between, I,1.1. leave that up to Paul Andrews depending on his negotiations. Now let me put it to you this way, Paul Andrews is leaving in about a month or so and if in the next couple of. weeks JUN 171976 Paul Andrews doesn't cross the bridge, there ain't no bridge to cross, I know what we're going to do, we're going to go to court and that's why my motion is a three - motion so that come a month from now, we won't be wandering around saying, what do we do next. Mrs. Gordon: We should set a regular next meeting, Mr. Mayor, in my opinion, be- cause we should not sat it for July 1 bein a regular commission meeting day as if the same problem develops today, we're _di;ting here almost 12 hours... Mayor Ferre: I know hut this is much too important a thing for us to let go. Mrs. Gordon: We should have it on a second play. We should either do it on the 30th or the 2nd. Mayor Terre: Let me out. it to you this wary. Let's leave it up to Paul. If Paul can't come to an agreement, there isn't any reason for us to meet on anything and then we're going to have to call a special commission meeting to see what the next step is going to be otherwise we may be able to handle it on July 1st. Mrs. Gordon: Well then we should set July 1st tentatively speaking for a report. Mayor Ferre: July 1st or before.. 22, ADDITIONAL NAMES TO BASEBALL. COMMITTEE Mayor Terre: T want to add several names to my Baseball Stadium Committee. Ron Frazier, the University of Miami, Demi Meneri, Miami -Made Junior coach and you have the others, Bobby :1aduro, Cookie Pnjas.. . Mr. Plummer: No, 6 ,r 7 of them. Mrs. Gordon: (Carlos „ us``ac:.a and Emilio MOTION OF INTENT TO APPROVE PLAN OF 23, RETIREMENT SYSTEM & PLAN TO ACQUIRE LIABILITY INSURANCE The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-605 A RESOLUTION RATIFYING THE PURCHASE OF A LIABILITY INSURANCE POLICY FROM AETNA CASUALTY AND SURETY CO.; ALLOCATING $2,662.00 FROM THE CITY EMPLOYEES RETIREMENT SYSTEM TRUST FUNDS, AND $2,091.00 FROM THE CITY CENERA.L EbPIPYLES RETIREMENT PLAN TRUST FUNDS FOR AN AGGREGATE COST CT * , 75 3.Ou; PROVIDING SAID POLICY TO BE EFFECTIVE FOR THE PERIOD OF MAY 11, 1976 THROUGH MAY 10, 1 97 ; RATIFYING T1il, ACTION OF THE APPROPRIATE CITY OF iQih'i.T PERSONNEL IN EXECUTING SAID INSURANCE CONTRACT. (Hole folli :J? } ,d.' O:_ S iL: l >:,, omitted here and on file in t'r•.e 0. l c(:e Gi the City C1,2grk. ) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Comrrissioner Manolo Rc boso Commissioner (Rev.) Theodore Gibson Commissioner' J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferro. ^TOES: None, 11111111111111111111111 I 1111111111111111111111111111111111111 67a JUN 171976 24, DISCUSSION - �AWSUIT AGAINST CITY BY PEN 'ION SYSTEM Mr. Andrews: Mr. :Mayor and members of the Commission, I am extremely con- cerned and I am not going to recommend any action but the Pension System Trustees passed a resolution directing their attorney to begin litigation with reference to the 19 million dollars that the trustees believe are due the Trust as a result of the way funds were budgeted for Hospitalization, Social Security and within the past few years, up to last year when we changed the system, Workmens Compensation. I want the Commission to understand from my point of view, what I believe is happening. That is that the taxpayers of the City of Miami have through the City Manager and actions of the City Commission, permitted funds to flow for the operation and emolument of pity employees. The City Commission permits this to occur through an ordinance it adopted creating the pension boards and the trust. It delegated to them the authority to create the investment policies etc. as far as those trust funds are concerned. The Trust then begins a litigation action, utilizing the taxpayers money to sue the taxpayer to alcim monies that they believe are due. In other words, hel,, the taxpayer is providing the funds to pay for those individuals through processes that we have set up to sue the same taxpayers who believe that their monies were properly allocated. The reason this liability question comes up partially stems from one of these areas of potential liability of the. Pension board Members and Trustees in a matter such as this. I waited until thet was adopted aed put in effect and T don't have any quarrel with that area. 1 1'Jn't have a specific recommendation to you except I want you to be aware c:' the process that T see is taking place and I think someone should begin exprt:nring some concern in that area and 1 dn't know what to tell you to do. Rev. Gibson: Do yin: mean to tell me that. a Board of this City is suing this City? Mr. Andrews: Yes, swing the taxpayers. Rev. Gibson: That is a pretty serious move. I just want to put some warning on these fellas now. They can't expect us to be so kindly disposed in some of these things. They are getting hard-nosed and mean and I hope when we start getting hard nosed and damn mean, everybody will understand it. I want to deal with the next item very very caustically. Item 7 REQUEST BY RETIREMENT SYSTEM TO ENGAGE BANKERS TRUST FOR 25, CUSTODIAL SERVICES OF SECURITY PORTFOLIO, DEFERRED UNTIL SOUTHEAST BANK REPRESENTATIVES CAN BE PRESENT Mr. Plummer: Item t'7, Mr. Mayor, it is the feeling of the Board for the System that they can secure the services of Bankers Trust, which was through competitive negotiations for a sum, greatly less than is being paid to the present custodian. It is for that reason, that I will make a motion that Bankers Trust of New York be the custodian. Rev. Gibson: On discussion, I want to be heard. Mayor Ferre: Was there a second made to the motion made by Commissioner Plummer that Bankers Trust he appointed as Trust for the Security Portfolio? Mrs. Gordon: I will second it to put it on the table Mr. Mayor. Mayor Ferre: All right, Father Gibson, under discussion. Rev. Gibson: Mr. Mayor, one of the things I enunciated and insisted upon in my early days on this Commission was that priority be given to people who do business and have a business office in this City who do business with this City. I am concerned about this item. The reason I am concerned is I never shall forget the fight we had when we were splitting up thses systems. I want you to listen very carefully. When we split up the System, we had 2 stocks, 3 bonds and 4 custodians. I raised so much hell, that as a pacifier, instead of going 1-2-3-4-, they reversed the order. 4-3-2-1-. If I am not correct, say so. i c7y JUN 1'7197 1 pointed out to this Commission how important it was for us to retain and maintain and even man-tain civic pride and I pointed out to this Commission how awful it was, not to think in terms of having men who are in the banking business to be given an opportunity of 2peculating with your stock or speculating with a piece cf your stock an-': with your bonds. At that point, they thought I was a bee hay, so as we used to say when we went to school in North Carolina, they cji !T a sugar tip. The Sugar Tip was they started at 44 and pushed that in rry mouth. If you want to know what Sugar. Tip is it is green corn, cut off the cob, put in a bag with sugar and then push it in your mouth to keep you quiet. They gave me the sugar tip by gibing me 44 and every number thereafter, I thought that some local bank would be given the opportunity to hold one of the 3. Either Bonds, stock so that they could be measured equally. It would be a weighty thing -how well they have done. Let me tell this Commission what I pick up in this. You gave Southeast National Bank the Custodial. They had all of the money. It doesn't make sense that you are going to send -sl million dollars from here to New York to be held. New York doesn't have any more sense. Wendail Bailey once sayd, New York is the money capitol and this was my response. Hell, Miami never will be the money capitol at that rate. Now listen to the !:eriounness of what has happened. let be the custodian holds approximately 50 million If Southeast were given that 50 million dollars of tell you I will handle your money free. Listen further. The Bank in ;few York didn't bid. and 4. What you di-d and what you are doing is you an unfair advantage and I resent it. I think that more and more some of the things that are happening If I had 50 million dollars in security and if anybody understands that language, I know you do. These people are paying taxes in this City to keep this City alive and running. Hell, New York is in trouble. Don't tell me no, because I Flo up there every so often to board meetings of the Episcopal CHurch. Our pension system is up there and so, I just want before you vote, to understand. We ought to come to an understanding in this community where some of the consortiums in the banking business ought to be handling our business and advising us. Why do you thank people in Chicago are smarter than the people here when everybody is trying to get a piece of the action here. People in Atlanta are smarter than here because they have a piece of your stock and the people in New York got all .your bonds. I don't understand why you think they are so smart and got so much, sense. New York can't be so smart, they are in trouble. You talk about idiani being the Gateway to Latin America. I want to tell you that you better try to make this your money capitol. The Bank that you are going dollars of your security. your security, they too may to You bid at that time 1-2-3 are giving that bank in New York this Commission has to understand around here. Mayor Ferre: I go with that. Mr. Plummer: Let me try to answer a few things. Father, please not for argumentive sake, I am trying to make it so that you understand because I have had the opportunity of being on the Board. #1, Father, we are not dealing with the City of New York, we are -?:riling with facts. Yes the City is in trouble. The banks are not. #2 - when we asked for the fees we are paying the Southeast Bank in Miami, we then felt that it wes possible to get a reduction in fees - the best deal possible for the fund. When we asked the people to recalculate, we gave the Southeast First National Bank the opportunity to bid once again, which they did. Surprisingly enough came in came in some $2,000 lower than what they were presently doing it for. We then took the lowest bid, which was that of Bankers Trust which came in $4,000 lower then Southeast First National. $4,000 a quarter less then what Bankers Trust. Mayor Ferre: But you see what Theodore Gibson is - Mayor Ferre: Right - Mayor Ferre: What Theodore Gibson is telling you, is that unless we protect our own around hero - Reverend qibson: There is nobody going to protect us. Mr. Plummer: There is one more important fact I want to bring out. Mayor Ferre: Southeast pays enough taxes around this town where frankly if I read you right, a difference of $4,000 doesn't make that much difference. JUN 171916 Rev. Gibson: He said it was $2,000 difference. Plus, nobody is telling me that the reason that the Bank could go $2,000 less is that they have your 50 Million dollar rr.irity. That is what 1 am trying to sense the Commission in. If I had 50 million dollars security in my hand, man, I wil ado a lot of things for you. Mr. Plummer: Well Southeast: Father didn't dry ii when they had this account for some 44 years. Rev.Gibson: Yes but you didn't bid it. Mr. Plummer: The point that I want to bring out, is that we found, we the Board that Southeast First National Bank was not even keeping the stuff here. It was being kept Father in New York. When we found out for example that Southeast First National Bank wasn't even holding the stock in the City of Miami's name, which by ordinance, it has to'. It was listed in the name of DadeCo, not even the City of Miami. Rev. Gibson: Mr. Mayor, listen to what I am going to tell you. The reason for that is, you have a security problem. Now look, man, I think all of us want to be generous. I get upset with the employees of this City. I really do. You know why I get upset? When they come here, they want us to spend the taxpayers money. They don't give us a damm inch of latitude. Mayor Ferre: Look, we have heard this argument over and over. Mr. Plummer.: I am not arguing. I am merely trying to tell you what happened. Mayor Ferre: Everybody has a position. Ken, gc ahead and make your statement and then we are going to vote. Lt. Ken Harrison: The only thing I want to call to the attention of the Commission is that you were concerned with the local aspect. That is why we gave First National Bank first option to come in. 0n their figures, we asked them to recompute. They came in lower. The important_ thing is that we found out that they utilizing Manufacturers Hanover in New York to hold our monies and charging us a middleman fee. Basically what we discovered. Now, if there is a local company that is going to handle it and do it here, I can agree but what you are talking about is saving from current costs. You are saving the Trust some $16,000 a year by going to Bankers Trust. Mr. Plummer: Let :n:3 give you another fact. It should be put up on top of the table, ieven though its not a fact, it is being discussed and discussed very seriously. The Board is entertaining possible and I underline the word -possibly-' of an additional lawsuit of 19 million dollars against Southeast First National Bank. Mayor Ferro: Is that Eddie Gong again? Mr. Plummer: Mr. Mayor, the Board makes the decisions on the advice of counsel and their own good judgment but it is the feeling and has been discussed and I want you to know it that the portfolio that was turned over was in such bad shape that one of the managers had to clean it out completely. Now that could be argued about but I am saying that I want you know the facts and understand where this motion came from. Rev. Gibson: I want to ask this Commission to do 2 things. Vote this down or don't vote at all until you bring Southeast First National Bank representatives here. I am getting absolutely sich and tired - Mayor Ferre: Theodore Gibson moves, substitute motion that this matter be deferred until appropriate representation can be here for discussion on the item. Is there a second to the substitute motion? Second by Reboso. Further discussion?, Cal] the roll.. 86 JUN 176 The following motion wag introduced by Conmiissioner Gibfion, who moved its adoption. MOTION NO. 76-606 A MOTION TO DEFER UNTIL THE NEXT REGULAR MEETING OF THE COMMISSION THE :TATTER OF CUSTODIAL SERVICES FOR SECURITY PORTFOLIO Poa THE MIMI CITY L::PLOYEES RETIREMENT SYSTEM IN ORDER THAT REPRESENTATIVES OF THL SOUTHEAST BANK MAY BE PRESENT TO ANSWER QUESTIONS FROt1 THE COMMISSIONERS Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote - AYES: Commissioner [tanolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None, FIRST READING ORDINANCE 26, AMEND CHAPTER 2 OF THE PROVIDING PRESENT MEMBERS OF THE PLAN CUSTODIALEMPLOYED AWORKERSS ELArK 1JEOOEP 1962 MAY BUY BACK CREDITABLE SERVICE Mayor Ferre:Item 9 - Ordinance amending City of Miami General Employees Retirement Plan. Here we go again. Mr. Joffre: For the record, Peter Joffre, Sanitation Department. We feel that this ordinance isnT it enough to award these fellows the time that they deserve. This ordinance was passed Tpri1 1, 1955 to September 30, 1962 which excluded these Laborers, Custodial workers and Watchmen from joining the Pension Plan. They were not given a choice. It excluded them. The way you have this ordinance here now, would rake some of these fellows pay back 21 years of interest. These fellows didn't even have the right to belong to it and it is our point of view that the City should pay for thin. Mr. Plummer: I will ask you - is it. legal? Mr. Lloyd: No. 1Jm sorry to be the villain but I think that is ono of the le conditions of my employment and I apologize deeply but the answer to that is NO, it is not legal. The City Commission cannot pay back money into the Pension Plan for employees. The only money that the city can legally pay into the Pension Plan, le what the city is legally required to do. Mayor Ferre: The City Attorney rules that it is illegal. Is there further discussion on this item? Mrs. Gordon: Ciari`icition only. The point that I think is being made by Mr. Joffre, and correct me if I am wrong, but what I think you are saying is not that these persons who were excluded between April 1, 1955 and September 30, 1962, are not 'milling to payback their portion, but they don't want to payback the interest :n their portion. Am I right or wrong or are you not saying that? Mr. Joffre: 'deli, re- what it is: coming down to be is that some of these fellows arc .just abou`, to retire and you (T)t to figure out their age. What we are asking these fellows to pay may be about 7 r.r: thousand dollars, to pay this, to retire. These fellows are ••,). When are they c;c,1.:g to finish paying for this? There is no way tb.y are going to pay this. Mayor Ferre: What is it they get for paying $7,000? Mr. Plummer: Year; of pension. Mayor Ferre: I know, but how much? Mr. Joffre: It all depends. 11111111111111111111111111111111111111 S7 JUN 171976 Mayor Ferre: What is the difference? Take the average person, I just want to prove to you why it makes a lot of common sense for them to pay. Mr. Joffre: Mayor, this would have to be figured out. Some of these fellows would only be a year that they came i.n. Mayor Ferre: Well take the average guy that pays 10 or 15 years . How much is he going to get on in average basin? Mrs. Gordon: Mr. Silver, would you- they were discriminatory, they were excluded. Mr. Joffre: I am going to back to this. In 1940, the City of Miami - Mayor Ferre: Peter, how many people are involved in, this? Mr. Joffred: We are talking about 200 people. 212. Now Mayor, if you read the ordinance that was originally passed 45235. passed as an emergency ordinance, says, any employee classified as Laborer, Custodial Worker or Watchman who is not a member of the retirement system on April 1, 1955, should be deemed an employee within the meaning of this section and is excluded from membership in the System and is not permitted to participate in the System and it goes a little beyond. Any employee classified as a Laborer, Watchman or Custodial Worker, who is not a member of the Retirement System on April 1, 1955, shall not be deemed an employee within the meaning of this section and is excluded from membership in the System and not permitted to participate in the System. Let me ask - is this not discriminatory to a certain class? Mayor Ferre: We can ask all the questions that we want but I just want a very simple point. Legally can we include them in and forget the interest because I don't see how in the world you can charge them for the interest. Can we permit them to buy into the system? Mrs. Gordon: That is the point that I want to clarify. Mr. Mayor, we are discussing 2-separate items. 1 is can they payback? Can there be arrangements so that they can payback? Mr. Lloyd: Yes, there can be arrangements where they can payback. Now, If I make a suggestion. I am absolutely certain with regard to the first premise, that the city cannot legally absorb the entire employees contribution and it will require more facts before I can come to a definite conclusion but I do have this suggestion. Mayor Ferre: Can it be ready by July 1? Mr. Lloyd: Yes, and I suggest that you pass this ordinance on First Reading, if you wish to pass it, I am not saying you should pass it but if you approve of the ordinance, you can pass it on first reading. In the meantime, I would suggest Mr. Mayor through you, to Mr. Joffre, that he get together with our department for some suggestions which we may have which I believe will be very helpful to the employees if they get together with us. Mrs. Gordon: I will move it. Rev. Gibson: Second. Mr. Lloyd: Now you may or may not want the ordinance. That is up to you. Mrs. Gordon: Peter, you will get together with them and work this out. Mayor Ferre: There is a motion and a second now. Mr. Plummer: Under discussion, I got to know the important thing. How much? Mr. Andrews: The Actuarial Report of February 24, 1976, identified that the unfunded accrued liability would increase $3,419,000, as a result of this. The contribution requirement for 35 year funding to account for that accrued liability would be $197,000 per year. oil 11 mit 111,11poi !1'111,110,rligmr re JUN 171976 • Mr, Plummer: And that iq based on 3r) year funding. What is it oh 20 teat funding? We are now on 20 yeer funding. Mt. Andrews: I don't have that information for. 20 year funding. Mr. Plummer: It weld be just about double. Mr. Andrews: No. Mr. Plummer: Peter, do you know what it is on a 20 year funding? Mr. Joffre: No Mr. Plummer. Mr. Plummer.: In other words, what you are talking about is 31 on a 35 year $200,000 Mr. Andrews: $197,0 on an unfunded liability of 3 million, 419 thousand dollars over a 35 year period. Mr. Plummer: Aren't we really talking about a benefit that is in the neighborhood of 7 million donate? Mrs. Gordon: Wait J.L. and1r. Andrews, let me get something straight. Are you talking abeur. ?_he entire contribution being made by the City or a portion of it, or a portion of it, the portion that would normally he the contribution by the City. What .ire you talking about? Mr. Andrews: I arm talking about the City's requirement. Mrs. Gordon: The City's portion. Mr. Andrews: The teta', of plan payroll would be 7/l0ths - $197,000. Mrs. Gordon: Then, in turn, those employees who have to buy back, even if the interest were waived, would be paying back a sum almost equal to what you are talking about. Mr. Andrews: Not .-tn 'such Mrs. '_;ordoii, I don't have that information available. Mr. Plummer: Paul, if I am not mistaken and you tell me if my mathematics is off. You are talking $152,000 additional contribution per year for 35 year funding is $5,720,000. 'IW— is what that benefit is worth. Am I right or wrong. Mr. Andrews: I would have to assume so if you multiply it out at 35 but the contribution of 197 earns certain interest. I have learned that this gets so complicated that 1 - Mr. Plummer: One thing I want to bring to your, attention. Because I am going to fight like hell at budget time to keep it at 20 year funding. I might lose but I am going to fight and you can't amortize on 35 here and 20 somewhere else because my Board is already in record, that it is holding to the 20 year funding so all I am saying to you is this benefit right now, you are looking at $197,000 and if we hold it to 20 years, has got to be $400,000 a year and you are talking about a benefit that i3 roughly 6 million dollars. Mr. Andrews: I can tell you that it is going to change when you get the information on it 1 will supply .you because you exceed 4 mills. Mrs. Gordon: I a,, -art t, say one :-hint' it is a matter of philosophy. It isn't the dollere because the dollars are going to have to come from the appropriate who figure out the dollars but it is a matter of philosophy. What has happened In those years was pure and simple discrimination and nothing else and if we have to suffer the effects of it, now, then we have to suffer the effects of it now ;,ut that was the reason why they were excluded, pure and simple. 1u law IIU I.I.Iwip•1i!itii9I!n!P1PolIIRIF!PPII!!!.l!ROIMIl • JUN 171976 Mr. Joffre: Let me say one of the reasons that T gather around from different - the reaeon this order was passed, administratively weise, it was too much trouble to sign these fellows into the pension because they might quit 3 months later and there was too much paper trouble to give them money back etc. This is the information that I gathered and this is very poor, for an ordinance to be drawn up like that. Mr. Plummer: Paul, is there anyway that we can protect the City for a person, lets say who worked for 5 years during that period of time, can't now come back and claim 5 years of pension. Do you understand what I am saying? Mr. Andrews: No, I don't. Mr. Plummer: Lets say a guy worked, what was the term on that? Mr. Joffre: 55 to E62. Mr. Plummer: 7 years. Mr. Joffre: 7 years & 6 months. Mr. Plummer: What happens to a guy who worked for the City for 5 years of that 7? Mr. Andrews: He could claim 5 years. Mr. Plummer: This is the point I am trying to say, that he is no longer with the City. Mr. Lloyd: Oh no, no, no, he can't because, unless he were of the proper age, he would not have a vested right. The right_ has to vest. Mr. Plummer: A vested right on GEA my friend is just over 3 years. Mrs. Gordon: It says by providing the present members of the PLAN, "Present Members", that is the key word; who were employed as Laborers, Watchmen or Custodial Workers beterrn April 1, 1955 to September 30, 1962, but that is the key word J.L. - the present members. Mr. Andrews: Mr. Llloyd, I am sure would rule that this ordinance can only apply to employees who are now employed by the City of Miami. Mayor Ferre: All right, I think we have heard this discussion long enough. Are there any further questions. On first reading, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN (Ordinance No. 5624, May 2, 1956, as amended): AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, BY PROVIDING THAT PRESENT MEMBERS OF THE PLAN WHO WERE EMPLOYED AS LABORERS, WATCHMEN OR CUSTODIAL WORKERS BETWEEN APRIL 1, 1955 AND SEPTEMBER 30, 1962 MAY BUY BACK CREDITABLE SERVICE FOR SUCH PERIOD OF TIME AND BY PROVIDING THE TERMS AND CONDITIONS OF ACQUIRING SAIL) CREDITABLE SERVICE; REPEALING ALL ORD- INANCES, CODE SECTIONS GR PARTS THEREOF IN CONFLICT; INSOFAF. AS THEY APE III CONFLICT; CONTAINING A SEVERABILITY PROVISION Was introduced by Commissioner Gordon and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre NOES: Bone ABSENT: None The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. 90 JUN 171976 Rev. Gibson: Let me raise another. question Mr. Mayor. I would hope that the City would establish a policy that no person can work for this City who is not part and parcel of the Retirement Plan er System, whatever it is. Y have a reason for saying that. Mr. Andrews: - want to rzJ e another important observation. We had another ordinance affecting, the SYSTEM at the laet meeting. Yon were all pretty tired and Father Gibson was making an observation about the adoption of that ordinance which I would like to repeat at this time and I want you to pick up this fine point which I am sure will bc,eme important in the future Technically, 1 didn't raise any quest ion as to this ordinance because (under- stand the equity of it. It weeldn't: have been fair to raise this question before this adoption. This is a matter that really should not he considered in matters like this by the City Commission }:e,_a1ise this belongs on the negetiati.ng table. Now, the fact that ordinances of this nature are being t c,nsidered by the Commission because you want to .-,o the right thing. There are going to he times in the future when we have labor aor-:,emen.ts that you will want to do something about Civil Service Law. You may went to do something about Pension Law and this is Pension Law, doesn't necessarily have to go through the labor negotiation process because these do follow a pu'clic hearing proeesss. You may want to at some future date, change Civil Service Law, any' you don't have to stand the arguments that have been advanced that you can't do that because its in violation of the labor contract. If you use that approach, technically, you are in violation of the labor contract at the point in time if.you ::hose to he arbitrary. Rev. eibson: Yes, and Mr. 1.ndrews reasoned further. I remember when I raised the question about a roan who work_': for the City and he dies and his widow is supposed to receive his pension. I said, you mean to tell me that a man can die and leave his widow. Silo could re -marry and yet get his pension. The man said to me , that can't be handled out here, that has to go to the negot- iation table. You remember that? Well ycu know, I thought I would wait until that. ordinance comes hack here so 1 could really, do my duty, because that is what thee did me. Mr. Joffre: Mayor, Can 1 say eomething else while we are here? [ sit on the Pension PLAN aeaee and I ret around and talk to a lot of. people. Two sly .e had a Boars meeting end we had the Actuary here and he said something that I have been saying cuit.e e bit. Le. said that the PLAN is pretty solid but we got so meny discriminatory ordinances in there, that I believe our PLAN should gc into a uniform because we .;et so many ordinances favoring certain people and certain groups that I don't think We could qualify under the new pension ordinance if we tried to =,o to Internal Revenue, so this is something to look on and I hope this Administration or this Commission will take a look at it. We hid 2 mer, with a total of 91 years service and if they leave tomorrnw, they dar,'t even get one penny. Mayor Ferre: ,'r. Andrews, will you take that into consideration when you come back and report to us please? Mr. A:rdrows: All right, but r'-i 11y the City Manager is not the one that passes judgm'.ent on that. I .ern wi.11ine to report on it. Mayor. Ferre: Just to give us, ::orne guidance on this thing because frankly at this stage of the game. JUN 171976 1 2%, PROVIDE FOr, 4\PPOINTMENT OF JOSEPH GRASJfE AS CITY MANAGER EFFECTIVE 5 P,M, JULY 30, 1976 AND PROVIDING FOR EMOLUMENTS Mr. Andrews: Don't read it that way at all, Mr. Mayor. It is not on a consultant basis. The resolution that you're going to be considering is only the resolution with reference to the appointment of Mr. Grassie effective 5 P.M. on July 30th. Mayor Ferre: Alright, 12 b, the Manager recommends. Mr. Lloyd: this is a resolution appointing and electing Joseph Grassie as City Manager of Miami, Florida effective 5:00 P.M. on July 30, 1976 at an annual salary of $47,000 and a personal expense allowance of $2,500 per year providing for a vacation of 30 working days per year, 12 days annual sick leave, reimburse- ment for the cost of membership fee in one local professional executive club and reimbursement for the actualmoving expenses incurred in moving from Grand Rapids, Michigan to Miami, Florida. Mr. Plummer: I'm sorry, that's not what I read here, Mr. Mayor. Mayor Ferre: Well that may not be what you read but that's what the man has read into the record and that's what we're voting on. Mr. Plummer: Let me see it then. Mrs. Gordon: Where is a copy of it? Mr. Plummer: r don't see anything about moving fees and all of that. I want to know what it is. Mayor Ferre: That's what we came to an agreement on when we negotiated with him. And at 9:00 O'clock at night, frankly, I'm not going to get too much into an agrument about it. You're going to be paying the man $47,000, ycu're going to be paying him, he can join a club. You're also going to be paying him reasonable... Mr. Plummer: I have no objection with that, Mr. Mayor. I like to know what I'm voting on. The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 76-607 A RESOLUTION APPOINTING AND ELECTING JOSEPH GRASSIE AS CITY MANAGER OF MIAMI, FLORIDA, EFFECTIVE 5:00 P.M. ON JULY 30, 1976; AT AN ANNUAL SALARY OF $47,000 AND A PERSONAL EXPENSE ALLOWANCE OF $2.500 PER YEAR; PROVIDING FOR A VACATION OF 30-WORKING DAYS PER YEAR; 12 DAYS ANNUAL SICK LEAVE; REIMBURSEMENT FOR THE COST OF MEMBERSHIP FEE IN ONE LOCAL PROFESSIONAL MEMBERSHIP FEE IN ONE LOCAL PROFESSIONAL EXEC- UTIVE CLUB; AND REIMBURSEMENT FOR THE ACTUAL MOVING EXPENSES INCURRED IN MOVING FROM GRAND RAPIDS, MICHIGAN TO MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon the resolution was passed and adopted by the following vote; AYES: Commissioner Reboso Commissioner Plummer Commissioner Gibson Vice -Mayor Gordon Mayor Ferre NOES; None. 9.2 JUN 171976.__ • • 28, AWARD BID - INCINERATOR TILES The following re,olution was introduced by Commissioner PlUtter who moved its adoption: RESOLUTION NO. 76-608 A RESOLUTION ACCFPT".:G TIi BID OF M. H. DETRICK Co, POR FUR:::5H:NG THE DEPARTMENT OF SANITATION WITH INCINERATOR TILES AT A TOTAL COST OF $12,215.72; WITH FUNDS ALLO- CATED FROM THE 1975-76 FISCAL YEAR BUDGET. (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. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. CITY'S SHARE OF COST OF 29, DISCUSSION OF ALLOCATION OF FUNDS "PEOPLE MOVER SYSTEM" Mr. Anelrot.rq: The next ite'^ i n the nnpl^. *8n'*e-, 21s. r .1lion • dollar funding by the City of Miami. Mr. Mayor and members of the commission, is it the commission's desire at this point in time to specifically attempt to allocate these funds recogniz- ing that it could be a year off before the funds are actually needed? But I believe and feel reasonably comfortable and so does the commission, I am into;-preting for you, that you do want to go ahead with this. I believe it is a sum of money that the city c._;n handle and can properly allocate. The reason I recommend that you al -,roach It that way is that I hope before I leave the city, and if not Andrew Crouch is going to help assist in policing the area I':n going to describe. It is poss- ible that through the county bond issue that this additional 2; million dollars might be funded if we balance out with the County Commission and meetings that our City Commission will have with the County Commission moneys that are already due the city such as settlement on the port, settlement of the$8,000 for tent due in other areas so that we strike a balance and the county can come to agreement and remove all of those moneys they owe us and in turn provide the 21 million dollars that the city would ordinarily have to provide. So I think there are several ways to approach this. And if you'll have that understanding we won't make specific arrangements, for trying to allocate those funds at this time. Mr. Plummer:I agree. SOS REQUEST CITY MANAGER TO DISCUSS WITH COUNTY REIMBURSEMENT FOR PAYMENT OF SERVICES RENDERED BY CITY IN PROVIDING EMERGENCY AMBULANCE SERVICES Mr. Andrews: One other matter, the Fire Department's services to the community in lieu of the ambulance services. As you're aware, or maybe you're not aware, that Metropolitan Dade County had a contract and for each service call by the contractor in providing ambulance services they paid the contractor $18. Our services have increased from 2% of taking the number of calls that we had in field, 2i, of the calls we would transport an individual to the hosaital. That has increased to 52% of the calls. And during this period of time we've transported 1,449 patients to Jackson Hospital or other hospitals. And I would like to have the commission pass a motion authorizing the Man- ager to proceed and work out the county payment to the City of Miami for this service that we're rendering in lieu of the payment 93 JUN 171976 i that they're not. making to their contractor fo- providing the t same services. The Police Department is also involved. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-60q A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WORK OUT WITH THE COUNTY THE PAY- MENT TO THE CITY OF MIAMI FOR THE EMERGENCY AMBULANCE SERVICE WHICH THE CITY IS RENDER - :LNG FOR THE COUNTY. Upon being seconded by Commissioner Gordon the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 31, MAYAN INDIANS HANDICRAFT SALE IN BAYFRONT PARK JUNE 23 Mayor Ferre: The '+.ayan Indians are coming to Miami and there will be approximately 50 Mayan Indians arriving at International Airport on June 23rd to celebrate my birthday. Besides that, they want to thank Miami and the American people for assistance and they're going to promote tourism to Guatemala and sell goods made by the Indians in Guatemala. They've gotten a clearance from the U.S. Customs and Riekes of Guatemala is in Miami working with the city making preparations for the Indians' visit. He will be arrang- ing lodging, transportation, meals, storage, etc. The city is assist- ing him. Mr. Caplinger, City Tax anc License Office has determined that no occupational license will be required. The city has ident- ified Peacock Park and Bayfront Park as possible locations for sale of Indian goods. However, because of the trend towards developing more activities in downtown and because of the shopping and so on Bayfront Park has been chosen as the location for the sale to take place. By the way, I disagree with that. I think they'd do better down here at Peacock Park. The State Sales Tax Office has been... You know people it downtown Miami aren't going to buy Indian goods - beads and rugs any stuff like that. I've been there, Have you ever been to Guatemala? Now, Chief Klimkowsky in the Police Department has been advised. Well, that's very nice Frank, but so what. What do we need to do? Oh, this is a press release, is that what this is all about? Alright, give it to Sandy and that is done. WAIVE F ES FOR TENANT ASSOCIATION OF M!AMI 32, USE OF SAWYER PARK COMMUNITY BASED PROGRAMS IN AREA Mrs. C,nrdnn- T Docket i.tam from th9 Tenant Faucati.on r\ssoc. of Miami, a letter regarding the Slimmer Lunch Program which says, "Tenant Education Association will be operating community -based programs in this area." That's the area where they're located which is at 632 N.W. 2nd Avenue. "The Program is sponsored by Special Programs for Americans (SPA). "To make the program a success, we have negotiated with Florida International University for students to work with groups in rec- reation, art and music. We are searching for talent that can be referred to othr agencies for future help." "As I spoke to you it the Co=issioner's Meeting on June 9, I am now askinc that you g ve us y wrmission (asking me to ask you for pe nnissicr:) to use the Sawyer. Park for recreational purposes. Since our office is adjacent to the park, our toilet facilities could be used as a temporary measure. I also would like to request a fee waiver for the park, if there is any." Sincerely yours, Eufaula Frazier 9'y JUN 171976 • • The following motion was introduced by Commissioner Gordon Who moved its adoption: MOTION NO. 76-610 A MOTION OF INTENT TO PERMIT USE OF SAWYER PARK, AND WAIVING Ti:i; FEE THEREFOR, BY THE TENANT ED:ICATICMT 7:7T,ICTATION OF MIAMI FOR RECREATIONAL PJR OSES IN CONNECTION WITH ITS COMMUNITY BASED PROGRA S IN THIS AREA. Upon being seconded by Commissioner Gibson the motion Was passed and adopted by the following vote - AYES: Mr. Plummer Mr. Reboso Rev. Gibson Mrs. Gordon Mayor Ferre. NOES: None, Mr. Plummer: I want to offer a motion at this time that the baseball stadium which was used by the firefighters on the 13th of June, the fees be waived. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-611 A MOTION OF INTENT TO PERMIT USE OF TIIE BASEBALL STADIUM BY THE FIRE FIGHTERS ON JUNE 30, 1976, AND WAIVING THE FEE THEREFOR. Upon being seconded by Gibson the motion was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. it III! gillo!! lin J U N 1.7197 6 1 OF 3), TO EXECUTEMANAGER ADE AGREEMENT �FAMILIESNTY OF LOW ORAUTHORIZE FORVELOPMENT MODERATE INCOME SINGTHER CITY OF MIAMI The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-612 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DADE COUNTY, FLORIDA, FOR THE DEVELOPMENT OF HOUS- ING FOR FAMILIES AND PERSONS OF LOW OR MODERATE INCOME WITHIN THE CITY OF MIAMI, FLORIDA, UNDER THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED COPY OF THE SAID AGREEMENT. (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. Mummer, Jr. Vice -Mayor. dose Gordon Mayor Maurice A. Ferre NOES: None. 34, ALLOCATING FUNDS EXPENSES IN CONNECTION WITH PUBLICIZING HOUSING BOND ISSUE The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 76-613 A RESOLUTION ALLOCATING THE SUM OF $4,181.19 FROM THE CONTINGENCY FUND OF THE CITY OF MIAMI FOR EXPEN'DITTJRES INCURRED BY THE CITY MANAGER FOR NECESSARY EXPENSES INVOLVED IN GIVING INFORMATION TO THE PUBLIC CONCERNING THE PROPOSED $25,000,000 HOUSING BOND ISSUE WHICH BOND ISSUE WAS VOTED UPON AT A SPECIAL BOND ELECTION IN THE CITY OF MIAMI ON MARCH 9, 1976 AS PROVIDED BY ORDINANCE NO. 8512 AND FURTHER PROVIDING FOR REIMBURSEMENT TO SAID CONTINGENCY FUND. (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. 35, WAIVE RENTAL FEE MARINE STADIUM JULY 24 AND 25, 1976 AMERICAN CANCER SOCIETY BICENTENNIAL ROWING REGATTA The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-614 A RESOLUTION WAIVING THE RENTAL FEE FOR USE OF MARINE STADIUM ON JULY 24 AND 25, 1976 FOR THE AMERICAN CANCER SOCIETY'S BICENTENN- IAL ROWING REGATTA, SUBJECT TO ADVANCE PAYMENT BY SAID ORGANIZAT- ION OF $460 DUE THE CITY, AND A FURTHER ADVANCE ESCROW DEPOSIT OF $500 TO GUARANTEE PAYMENT FOR EVENT PERSONNEL, ELECTRICITY, CLEAN- UP SERVICES, INSURANCE, AND OTHER DIRECT COSTS BORNE BY THE CITY. WE (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. Ferro NOES: None. CITY SHARE OF COSTS - GUSMAN HALL 36, OF $700,OU STUDENT PLAY - "1776" AUTHORIZE PAYMENT The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 76-615 A RESOLUTION AUTHORIZING PAYMENT OF $700.00 FROM THE CONTINGENCY FUND AS THE CITY'S SHARE OF THE COSTS INVOLVED IN THE USE OF GUSMAN HALL BY THE DADE COUNTY BOARD OF PUBLIC INSTRUCTION FOR A STUDENT PLAY "1776" TO BE SPONSORED BY "THIRD CENTURY, USA." (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 followin, vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Cordon Mayer Maurice A. Ferre NOES: None. 37, APPROVE PROPOSED ROUTE OF PEOPLE MOVER SYSTEM IN DOWNTOWN AREA The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-616 A RESOLUTION EXPRESSING THE INTENT OF THE CITY COMMISSION TO FULLY ACCEPT TILE PROPOSED ROUTING OF THE DOWNTOWN MIAMI: "PEOPLE MOVER SYSTEM" AS SET FORTH IN THE MAP ATTACHED HERETO, AND FURTHER APPROVING THE ALTERNATIVE ALIGNMENT OF THE EASTERN PORTION OF THE SYSTEM OF N.E. 3RD AVENUE IN THE EVENT PLACEMENT ON BISCAYNE BOULEVARD IS NOT POSSIBLE. (here follows body of resolution, omitted here and on in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None, F II I III 1111111110111111111111111111 97 JUN 171976 CorIFIRMING RESOLUT. 0- AGREE TO BREAKDOWN 38, OF FUNDING The following resolution its adoption: "PEOPLE MOVER SYSj r1" FOR DOWNTOWN MIAMI AND AGREEING ro 3/ ASSESSMENT AS THE CITY SHARE OF THIS PROJECT wan intrncilic,'r1 Cnmmi ccioner Plummer, who moved RESOLUTION NO. 75-617 A RESOLUTION OF INTENT EXPRESSLY INDICATING THE AGREEMENT OF THE CITY COMMISSION WITH THE PROPOSED BREAKDOWN OF FUNDING FOR Ti;E EIGHTY-THREE MILLION DOLLAR INITIAL COST OUTLAY IN CONNECTION WITH THE CONSTRUCTION OF THE "PEOPLE MOVER SYSTEM" AND SPECIFICALLY APPROVING THE PROPOSED 3% ASSESSMENT AS THE CITY OF MIAMI'S SHARE OF THE PROJECT COST. (Here follows body of resolution, emitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, 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 the resolution was passed and NOES: None. CONFIRMING RESOLUTION- 39, THANKING PERSONS, COMMITTEES ETC, The following resolution was introduced its adoption: TAX ABATEMEMT LEGISLATION RECENTLY APPROVED BY STATE LEGISLATURE by Commissioner Gordon, who moved RESOLUTION NO. 76-618 A RESOLUTION EXPRESSING THE SINCERE GRATITUDE OF THE CITY COMMISSION AND COMMENDING CERTAIN GROUPS AND INDIVIDUALS BECAUSE OF THEIR EFFORTS IN CONNECTION WITH THE RECENT SUCCESSFUL PASSAGE OF HOUSE JUDICIAL BILL #3982, "TAX ABATE- MENT -TAX INCREMENT PLAN". (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. CONFIRMING RESOLUTION 4U, HL-B nANAYFRONT PARK JULY 3RD LELEBRATIONICENTENNIAL The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-619 A RESOLUTION WAIVING THE FEE i'CR THE USE OF THE BANDSHELL IN CITY OF MIAMI 3AYFR3NT Pr.;; ON JULY , 1976 TO CONDUCT A CITY OF MIAMI BICENTENNIAL CELED1,LION; PROVIDING FOR THE SALE OF FOOD AND BEVER- AGES IN ALL CITY PARKS DURING AND IN CONNECTION WITH CITY SPONSORED BICENTENNIAL EVENTS AND CELEBRATIONS AND FURTHER PROVIDING THAT THE CITY MANAGER AUTHORIZE THE DIRECTORS OF CITY ADMINISTRATIVE DEPART- MENTS TO SUPPLY SERVICES AND PERSONNEL FOR THE CITY'S SPONSORED BICENTENNIAL EVENTS AND CELEBRATIONS ON JYLY 3 AND 4, 1976. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) q111119 1u1111l!f1P0711 R F' JUN 171976 Upon being seconded by Commissioner Gibson the resolution 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. CONFIRMING RESOLUTION 41, CHANGE DATE OF MEETING TO JULY 1, 1976 was passed and Tha fnl10 rinr -ectolution was intro iiceA h'r Commissioner nordont who shoved its adoption: RESOLTJTION NO. 76-620 A RESOLTJTION CHANGING THE DATE OF THE FIRST REGULAR CITY COM- MISSION MEETING FOR THE MONTH dF .ULF FROM JULY 8, 1976 TO JULY 1, 1976 LEGINNING AT 3: W0 A.M. AND RESCHEDULING A COMPRE- HENSIVE NEIGHBOR1iaOD PLAN BEARING FOR 5:00 P.M. ON JULY 1, 1976. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferro CONFIRMING RESOLUTION-• WAIVE RENTAL FEE 4Z, FOR USE OF ROBERT KING HIGH PARK The followino resolution was its adoption: NOES: None. BOY SCOUTS OF AMERICA SOUTH FLORIDA COUNCIL IEQUESTA DISTRICT WEBELO DAY introduced by Commissioner Gordon, who moved RESOLUTION NO. 76-621 A RESOLUTION APPRCVI:.1G AND RATIFYING THE WAIVER OF THE FEE FOR THE USE OF ROBERT KING HIGH PAFI: :_)IJ JUNE 12, 1976 BY THE BOY SCOUTS OF AMERICA, SOUTH FLORIDA COUNCIL, FOR TEQUESTA DISTRICT WEBELO DAY; AND FURTHER WAIVING THE: FEE FGR THE USE OF THE ROBERT KING HIGH PARK ON JULY 17, 1976 FOR THE TEQUESTA DISTRICT CUB SCOUT OLYMPICS. (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 Rchoso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer., Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferro NOE:;: None. 99 JUN 171976 1 4-STORY - 12 UNIT PRC_ACT 43, AUTHORIZE BUILDING 1736 S. W.19TH STREET DIRECTOR TO ISSUE COMPLETION PERMIT The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-622 A RESOLUTION AUTHORIZING AND DIRECTING THE BUILDING DIRECTOR TO ISSUE A COMPLETION PERMIT FOR THE FOUR STORY 12 UNIT PROJECT LOCATED AT 1736 S.W. 19TH STREET, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Rehoso, the resolution was passed acid 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. Ferro NOES: None. 44, APPOINT DIANNE SMITH AS MEMBER OF OFF-STREET PARKING BOARD The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 76-623 A RESOLUTION CONFIRMING THE APPOINTMENT OF DIANNE SMITH TO SERVE AS A MEMBER OF THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, 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. SIELO- TRAVELCEXrLilstS OF MEMBER OF THE BOARDRTOF TRUSTEES OF MIAMI CITY EMPLOYEES ETARY FOR CoNFEPENCE TO BEIN SAN EXPENSES HELD ORFRANCISCO 45, AUTHORIZE EXPENDITURET, OF $2,000 The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-624 A RESOLUTION AUTHORIZING THE EXPENDITURE OF $2,000.00 TO PAY FOR THE FUEL TRAVEL EXPENSES OF MEMBERS OF THE BOARD OF TRUSTEES OF THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEM AND ONE-HALF THE TRAVEL EXPENSES OF THE SECRETARY OF THAT BOARD, FOR A SEPTEMBER 12-15, 1^7C CONFERENCE TO DE HELD IN SAN FRANCISCO, CALIFORNIA. (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, /o o JUN 171976 4 ) FULL TRAVVELNEXPENSE` OF MEMBER OF THE 46, AUTHQR F EXPENDITURE BOARD OF TRUSTEES OF MIAMI CITY GENERAL t OF $.,LUU EMPLOYEES RETIREMENT PLAN & # EXPENSES OF SECRETARY FOR CONFERENCE TO BE HELD IN SAN FRANCISCO The following resolution was introduced by Commissioner Gordon who moved it's adoption: RESOLUTION NO. 76-625 A RESOLUTION AUTHORIZING TJIE EXPENDITURE OF $1200.00 TO PAY FOR THE HILL TRAVEL EXPENSES Of' A MEMBER OF THE BOARD OF TRUSTEES OF THE MIAMI rCITY GENERAL EMPLOYEES RETIREMENT PLAN AND ONE-HALF THE TRAVEL, EXPENSES OF THE SECRETARY OF THAT BOARD, FOR A SEPTEMBER 12-15, 1976 CONFERENCE TO BE HELD IN SAN FRANCISCO, CALIFORNIA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Feboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 47, OFT$tS�UZ5QEXPENDITURE The following resolution was its adoption: TRAVEL EXPENSES FOR LEGAL ADVISOR TO TUyE BOARD QQ INURES THE MIAMI CITY (JEN,tMPL, KLT, rLPtN CONFE'RENCE TO BE HELD IN SAN FRANCISCO introduced by Commissioner Gordon, who moved RESOLUTION NO. 76-626 A RESOLUTION AUTHORIZING THE EXPENDITURE OF $800.00 TO PAY FOR THE FULL TRAVEL EXPENSES OF THE LEGAL ADVISOR TO THE BOARD OF TRUSTEES OF THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN FOR A SEPTEMBER 12-15, 1976 CONFERENCE TO BE HELD IN SAN FRANCISCO, CALIFORNIA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Ctmm�issioner Gibson, the resolution was passed and adopted by tho 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. 48, MOTION OF INTENT TO DESIGNATE DR,TRUSS, DR, DORSETT AND DR, DAWSON TO MEET WITH REPRESENTATIVES OF THE UNIVERSIT OF CHICAGO TO EVALUATE ENTRANCE EXAMINATION TESTING ON TESTS ALREADY ADMINISTERED Rev. Gibson: >lr. :Mayor, we have a report for you. ...local research committee that would provide 3 professionally recognized psychometricians, psychologists or behavorial scientists that can evaluate the University of Chicago's testing proced- ures and can explain the validity and relevance of the test to the City Commission in layman's language, be accomplished in 30 days. The following persons were con- tacted and have agreed to serve: Dr. Jones, Dr Mr. Andrews: Excuse me, Father, for interrupting you. You'll remember Dr. Marshall Jones said he could only serve if it was for a very short period and it is unlikely that he will serve and he recommdnded Carol Buss (?). /a/ JUN 171976 Rev. Gibson: Mayor Ferre: Rev. Gibson: Mayor Ferre: r4 I was going to come back to that. Alright, who are the others? Dr. Herman Dorsett involved in the city's Tri-Cultural Program. Dorsett, Jones and who is the third? Rev. Gibson: Dr. Ronald Tikofsky also recommended Dr. Wm. Psychology, Florida International, Dr. Wm. Cascio. Department of Mayor Ferre: Well now how many of these are we going to get? Rev. Gibson: Only three. liut what we're saying to you is Dr. Tikofsky recommended three other persons in the event you find him not to be acceptable. Mayor Ferre: Alright, well have you come up with recommendations, you and the Manager? Mr. Andrews: Yes, and they parallel the recommendations of Father Gibson in that the persons selected by Dr. Marshall Jones is Caroll Truss, Dr. Ronald Tikofsky, Department Chairman of Florida International said he would serve. He recommended three others in the event that we need.... Mayor Ferre: Paul, you've got me confused. Who are the three you're recommending? Dr. Truss, Dr. Tikofsky and Dr. Jones? Mr. Andrews: Dr. Dorsett. Mayor Ferre: Dr. Dawsett, Dr. Tikofsky and Dr. Truss. Those are the three you are recommending? Mr. Andrews: Those are the three. Mayor Ferre: Those are the three you recommend. Alright. That these three doctors and psychometrists or whatever they're called be contacted by the Manager and come back with a proposal on the cost and the time and the perimeters and how long it is going to take and how much it is going to cost for final action on July let. ...with Father, he's a committee of one. Rev. Gibson: We'll get it done, Mr. Mayor. Thereupon the City Commission passed and adopted the preceding motion by a unanimous vote. Said Motion was designated Motion No. 76-627. 49, PROPOSED CHARTER AMENDMENT - SALARIES OF MAYOR AND CITY COMMISSIOk REFERENDUM ELECTION SEPTEMBER 28 Ma"hr FArro handers the R?vel to VicP-Mayor Rna, (.ordnn to make the fo1loL7ing motion. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 76-628 A MOTION REQUESTING THE CITY ATTORNEY TO PREPARE THE NECESSARY INSTRUMENTS TO PROVIDE FOR A REFERENf)UM ELECTION ON SEPTEMBER 28, 1976 ON THE QUESTION OF INCREASING THE SALARIES OF THE CITY COMMISSIONERS TO $12,000 PER YEAR AND THE MAYOR'S SALARY TO $15,000 PER YEAR. Upon being seconded by Commissioner Gibson, the motion was 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, passed and /0 .a J UN 1 7 1976 0 CONTACT APPROPRIATE OFFIC 1LS IN REGARD IMPOSSI BLE CONDITIONSCASNA PRECEIENTETO ASSISTING LOBSTER FISHERMEN FINANCIALLY Mayor Ferre: We have a matter here from the Cuban Lobster fishermen and boat owners and so on. You know this is a continuing hassle and just listen to this for a second. The Department of Commerce as you know has selected, we initiated the City of Miami but it all ended urn in the state and now they seem to have a surplus would you believe of t 1. 0e 0, 7 . i ore of the reasons why they have a surplus is beca.se they have gone a.e.u,_ _hic in a half-cocked way. Now what they've done is they've limited the loans to 25% of the purchase price or $25,000 whichever is less. Now don't you know that all these poor fishing boat men are absolutely stone broke, don't know what to Rio and here the government comes around and says they're going to give them $25,000 or 25% whichever is less pro- vided they come up with the 75%. Now you know that's like asking somebody on welfare to be a contributor to the United Way. You know it is absurd. And I think that I would like to pass e resolution to the federal government and the appropriate parties and the Department of Commerce and I would like to in the resolution, Mr. Manager, instruct your assistant Mr. Parades who even though he has no direct responsibility for this is the guy that did guide this whole thing through and is most conversant through you, sir, have him take a copy of this motion and write a letter to the appropriate parties in both Washington and Tallahassee and Atlanta and tell them, "Come on fellows, let's get on the ball here." In other words what it should say is that they should administer this program in some kind of a realistic sensible matter and not to put in conditions that are so insurmountable that obviously they're going to have a million dollars surplus which is going to go back to the federal government. So I so move. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 76-629 A MOTION AUTHORIZING AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO CONTACT THE APPROPRIATE AGENCIES IN TALLAHASSEE, ATLANTA AND WASHINGTON, D.C. W.:O ;'iE CONCERNED WITH RENDERING ASSISTANCE TO THE LOBSTER FISHf?J7N IN SOUTH FLORIDA AND TO URGE SAID AGENCIES TO ADMINISTE'rr. TeeIa PROGRAM IN A REALISTIC MANNER AND NOT TO IMPOSE IMPOS.3IB.;.,E e( J:TrONS UPON THE FISHERMEN AS A PRECEDENT TO FURNISHING 7INAThe ASSISTANCE TO THEM. Upon being seconded by Cor;,:.nissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre Vice -Mayor Rose Gordon NOES: None. 51, REFERENDUM ELECTION SEPTEMBER 28, 1976 $45,000,000 CAPITAL IMPROVEMENT BONDS Mayor Ferre: Now are there any other issues that need to be put on the agenda for the election in September? Mr. Andrews: How about the $100,000,000 bond issue... Mayor Ferre: Yes, let's talk about it. Plummer wants to put a $100,000,000 bond issue and I've got misgivings becuse $100,000,000 scares people and I would rather gat 40 through and then we'll get 40 more in a couple years and one of you guys will be Mayor in a couple of year and then you can worry about it then but let's just do it a little bit at a time. Mr. Plummer: (INAUDIBLE) You've got to have $10,000,000 for the Fire Department. Then you're only allowing yourself an ad_:tional 20. Mayor Ferre: That's fine, make it 25 and make it a $45,000,000 bond issue and let's go. That people will buy, $100,000,000 that scares me. Right? Blanco knows, he's a taxpayer. Mrs. Gordon: It scares everybody, I agree. /0 3 JUN171976 Mayor Ferre: Mr. Plummer: Mayor Ferre: I'm not going The following adoption. That $25,000,000 keeps you going for another two years. Right? Oh, will that do that? Ok. And then in two years you worry about it or Rose or somebody else, to be around. Whoever is here will have to worry about it. -notion was introduced by Commissioner Gordon, who moved its MOTION NO. 76-630 A MOTION REQUESTING THE CITY ATTORNEY TO PREPARE THE NECESSARY INSTRUMENTS TO PROVIDE FOR A REFERENDUM ELECTION ON SEPTEMBER 28, 1976, ON THE QUESTION OF ISSUING $45,000,000 IN CAPITAL IMPROVEMENT BONDS FOR FIRE DEPARTMENT, STREET AND SEWER IMPROVE- MENTS IN THE CITY OF MIAMI. Upon being seconded by Commissioner Gibson, the motion was adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Cibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. passed and LITTLE IIAVANA ACTIVITIES CENTER* IN HONOR OF REQUES52, FORMERTRIVNAME VERSIDE BAPTIST CHURCH PROPERTY [�'IANOLO GIBERGA (REFER TO MEMORIAL COMMTTTFF) Mayor Ferre: The users of the Little Havana Center, namely the old people, the lawyers association, this group and that group and professional groups and the other groups have all decided that they want to name the center "The Manolo Giberga Community Center". Now as far as I'm concerned it is going to be called the Little Havana Community Center and that's what it's going to be known as. I don't mind, and I would recommend that we do it this way, that way we keep everybody happy. Call it the Little Havana Community Center, Manolo Giberga Building. Mr. Reboso: It was explained, Mr. Mayor, that he was the person that was instru- mental for us to get the $300,000 for the Tricultural Program and he died in Wash- ington, D.C. 21 years ago. Mayor Ferre: Yes, and he was a man who really went to bat for the Cuban Community. The only thing wrong with him was he was a Republican but he's dead now so we'll forgive him for that. Mrs. Gordon: Do you think you'll make the people in the area happy? Mr. Reboso: The people are writing letters. Mr. Plummer: Without being a real stumbling, shouldn't it be turned over to the Memorial Committee first? Mr. Reboso: The problem is that the opening is this week and they want the name. What day is it, Joe? Mr. Parades: The 24th. Mr. Reboso: The 24th is the dedication. Mrs. Gordon: I would like to let you all know I'm going to be in Louisville, Kentucky on a crime prevention program being sent ther by L.E.A.A. Mayor Ferre: You know, I'm going to tell you something. I don't think we should name that building right now. We've got plenty of time to do it. We may want to name it later on the Manolo Reboso Building or the J. L. Plummer... Here is the way I make my motion; that this be sent to the Memorial Committee for discussion with the recommendations of all the people that have come in and let them worry about it. Ok? That's a good way to do it and we ought to follow procedures. /o y JUN 1 71976 • • • • The !chewing motion was introuuced by Commissioner Reboso, who moved its adoption. MOTION NO. 76-631 A MOTION TO REFER TO THE MIAMI MEMORIAL COMMITTEE FOR RECOMMEND- ATION THE NUMEROUS REQUESTS RECEIVED BY THE COMMISSION TO NAME THE LITTLE HAVANA CENTER BUILDDING IN MEMORY OF MANOLO GIBERGA. Upon being seconded by Commissioner Gi;)son, 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. /o JUN 171976 • S3 APPOINC FRANK WESTON, ACTING CITY ATTORNEY AS INTERIM DUE TO RETIREMENT OF J,S,LLOYD AND PRIOR TO PERMANENT APPT,OP NEW ATTY, Mr. Lloyd, City Attorney: Mr. Mayor and members of the Commission. Yesterday, pursuant to the Commission directions, I met with the members of the committee selected to give you advice on a new City Attorney. 4 of the 5 members were present. Janet Reno was unable to be present but through arrangement, all information which was deckled upon yesterday, was transmitted to Mrs. Reno. First, the m:emhers ai,reed and I have so abided by their instruction, to place an advertisement In the fr,llowiug newspapers: Miami Hearld, Miami News, Miami Times, Diaros has Americas and the Miami Review. Also pursuant to the committees suggestions, what I did was just say that the City Attorney position was open and I outlined the functions and duties of the City Attorney and Invited applicants to submit a letter with a resume to Dean Mentschikoff with a box number where they should submit it with a deadline as of July b. One other matter, therefore, all applicants will be received whether they have a 5-year experience factor or not so if the Commission wishes to consider someone without the 5 years, thi.t Is up to the C�_ty Commission. Frankly, I think that competency is the key and not. necessarily the number of years that a person has been practicing. The second thin; that I do wish to report to the Commission that the committee unanimously directed me to do and this is a report to you from this committee. They have serious objectious to the policy of precluding an interim or acting city attorney from c0nsldetation for the final post. Their basic reason was that it could preclude possibly having a competent person from the office continue the continuity that has been established and that of course is up to the Commission, I am referring to ',uu that suggestion on the part of the committee. 1t was unanimous. 1'his w.n- transmitted to Miss Reno and I have heard no objections from her. I concur with the.: cum,:ittee:. That means that 1 would suggest that you do not preclude a person that: you would appoint as acting from consideration as a regular city atto,ney. Mayor Ferre: Je:t►n, ass'Iuing that that is acceptable to the rest of this committee, we have. In my opinion got to narrow it down to an interim city attorney. Mr. Lloyd: I have a resolution prepared with a blank in there to select one for that purpose. Mayor Ferre: Evt•►, though it is late in the evening, it is a matter that has been on all of out minds and 1 would like to extend to you the courtesy of you giving us r recommendation and then we will see what the will of the Commission. if von non't, that's all right too. Rev. Gibson: Berkre he makes a recommendation, since I was a prime mover of this business of the Assistant serving, I would want it to be made crystal clear and understc,nt by everybody that it does not give no acting nobody, no edge, no undue cood iderati.on, no preference, no nothing. Mr. Lloyd: Fetl►ec, 1 have prepared 2 resolutions. One simply appointing blank person to he city attorney and one in the event you rescind that other one, I have prepared a resolution which provides exactly that. Mayor Ferre: Now, do you want to give u a recommendation? Mr. Lloyd: Well 1 could give you a suggestion. I would suggest from a standpoint of continuity that the best would be to appoint my immediate first assistant, Mr. Weston, as Acting. 1777171770771111 JUN 171976 Mr. Reboso: 1 am ready to make a motion. Mayor Ferre: All right, I recognize Commissioner Reboso for the purpose of making a motion. Mr. kebobio: Mr. Mayor, I think this City was incorporated in 1896, which was .80 years ago and we haven't had a I,nti:c as a Director of any department. I think we have a q ice l t f iced one in the Law Department and 1 move Joe Alvarez to be the interim (it,: Attorney of the City of MiRmi . Mayor Ferre: All t ihr , there is a motion by Commissioner Reboso to appoint Mr. Joe Alvarez .1rc Int ,rim Ci t v Attorney. Is there a second to the motion? Unidentified: How long has he been an Asst. City Atty? Mr. Reboso: About 2 and 1./2 years. Mr. Plummer: Realy whr.t we are talking about is a temporary situation. Mr. Reboso: THat is right. Mr. Plummer: How long, what period of time are we talking about? Mr. Lloyd: The cormittee expects to have recommendations to this Commission by August 15th. They will give you 5 names. Mayor Perre: Well I know that Soia Mentschlkoff said she is going on vacation and will be absent ail the month of .July. She said she will work hard on this through June but n )t to expect anything in .luly. Mr. Lloyd: Mr. Ma:or, that was covered and the committee will function in her absence. They are having the initial screening on July 9, 1976. Mayor Ferre: And they will come up with a recommendation, when? Mr. Lloyd: In the middle of August. Mayor Ferre: You aro talking about, from a practical point of view Mr. Plummer, Mid-septeober before we are through with this whole process. You are talking about the months of July, August and September. Mr. Lloyd: The co:nmittee will only consider those who file an application including a resume. Mayor Ferre: c)hvi ou!.l y. Mr. Lloyd: That is Apelled out in the advertisement. Mayor Ferre: We haw. been through this one before. The person is going to have to want it. Mr. Lloyd: What will happen is they will make an initial screening of resumes and then they wi11 relect persons for interviews. Mayor Ferre: We need to comp to a conclusion on this and I need to call it. Now, Commissioner Reboso has made a motion that Mr. Joe Alvarez be appointed as Interim Acting City Attorney until that post is permanently filled in the month of September. Is there a second to the motion? Hearing none, the mot.inn dies for the lack of a second. Mr. Lloyd: Mr. ''.ayor, in 1: t o' that, I would like to make this statement. I have not had a chance to r,.ii< to the Commission but, Mr. Alvarez at the present time really, that wtni'.d have been a tremendous burden on him because he is currently involved in being head of the Torts Division with trials coming up and currently involved as a special extraciricular activity in the labor negotiations and the department, really it would be a tremendous imposition on his to place that burden upon him. JUN 171976 I. want that known because, I have an extremely high regard for Mr. Alvarez, if not, I would n)t have made him head of the Torts Division. Mr. Mayor: All right Sir, is there any other - Mr. Plummer: I will offer a motion at this time to accept the recommendation of Mr. Lloyd. Mayor Ferre: The motion is that the recommendation of Mr. Lloyd, that Mr. Frank Weston be appointed as Acting Interim City Attorney. Is there a second to that? Mrs. Gordon: I an going to second it because I feel, and this is nothing to do Manolo with what you prefaced your motion because that made me feel very bad. Because, certainly I don't think that a persons origin, color, sex or anything else is a consideration. Experience and ability to do the job is a consideration for the selection of not only our interim but for our permanent and that doesn't say anything in regard to the permanent. We have a committee for that but as for Mr. Alvarez, I hope i have the pleasure of meeting and getting acquainted with him but that its beside the point. I hope nobody misunderstands thi!re was no second to that but I do second the recommendation of Mr. Lloyd because he knows what is going on up there and I don't. Mayor Ferre: Alt right, further discussion on the item? Rev. Gibson: Let rne ask a question. Mr. Lloyd, I want to make sure I. hear you. Suppose I decide I want. Alvarez as City Attorney? I am following his reasoning. I just want to make sure I don't hear another Bet of reasons later. on. Note what was said to t,y: That her is so involved in specialized Cases and his extraciricular activities. Just make doggone sure that is the prevailing status when we come hack to vote; Mr. Lloyd: 2-things: First Union Negotiations are the specific extraciricular activity will be at an end. Rev. Gibson: 1 just want to make sure I understand you. Everybody knows that I am going to ask my questions and put everybody under the line. Mr. Lloyd: #i2 - I have full confidence that in the event that you should happen to select him, that he would be prepared to provide for the vacuum which is left by his transfer. Mayor. Ferre: All tight, is there further discussion on this item before we call for a vote? Call the roll. Mr. Southern, City Clerk: Mr. Plummer? Mr. Plummer: Yes. Mr. Southern: Mr. Reboso? Mr. Reboso: I vote yes. Mr. Southern: Reverend Gibson? Reverend Gibson: Yes. Mr. Southern: Mrs. Gordon? Mrs. Gordon. Mr. Southern: Mayor Ferre? Mayor Ferre: T vote yes. Mr. Lloyd: Now to be sure that you are absolutely sure that you know what you are voting on. This willbe a resolution appointing Frank Weston as Acting City Attorney of the City of Miami, Florida to serve during the period of the retirement of the present City Attorney and until such time as a permanent City Attorney is appointed,; said appointment not constituting any preference or any expression of preference or favor on the part of the City Commission in its future deliberations in selecting a permanent City Attorney. /0 ? JUN 171976 • • I just wanted you to know, that is all. Re, Gibson: We are together. Thereupon the following motion was introduced by Mr. Plummet whO moved its adoption: 1.ES(ILU'i'ION NO. 76-632. A RESOLUTION APf'O} N'f I NC FRANK fI . WES'I'ON, AS AC'I'INC CITY ATTORNEY OF 1HE CITY OF MIAMI, FLORIDA, TO SERVE DURING THE PERIOD FROM THE RETIREMENT OF THE PRESENT CITY ATTORNEY UNTIL SUCH TIME AS A PERMANENT CITY ATTORNEY TS APPOINTED, SAID APPOINTMENT NOT CONSTITUTING ANY EXPRESSION OF PREFERENCE OR FAVOR ON THE PART OF THE CITY COMMISSION IN ITS FUTURE DELIBERATIONS TN SELECTING A PERMANENT CITY ATTORNEY (here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Cordon, the resolution was passed and adopted by the following vote: AYES: Messrn. Plummer, Reboso, GfbHon Mrs. Gordon and Mayor Firre. NOES: None /0 JUN171976 MR, IJEAN MIELKE 54, INTRODUCTION OF NEW LABOR NEGOTIATOR FOR CITY Mr. Andrews: Mr. Mayor, I would like to introduce Mr. Dean Mielke, whoyou have not had an opportunity to meet him and 1 want to make Eure that you know and recognize him by sight. He arrived in the City of Miami eminently qualified to conduct our labor negotiations. Ile was the Chief Negotiator and really organized the office at the state level and there for approximately 11 years. Prior to that he served for some 7 years as a labor negotiator. for Grand Rapids, Michigan and very interestingly, we had already begun our negotiations and arrangements with Mr. Mielke and in talking to him, prior to the Commission arriving at its decision about the City Manager. You were considering all 5 app- licants, when we had already reasonably settled on Mr. Mielke. Mr. Plummer: I am glacl that Mr. Mielke is here. Let me make a point while he is here real (wick like, because I am going to make it stronger later on so he might as well know about it now. I would like when negotiation is going on Mr. Mayor, that our negotiator take into consideration, Department heads. That the Department Heads who they will be negotiating for, around and by, should have some knowledge and some input, as to what they can live with and what they cannot. Now I am not trying to cast any aspersions on what has happened in the past but I do feel t.hase men, who the Manager, who we, who the public look to for the purpose of defining responsibility, the department heads. Something goes wrong in the Building Department, we, the manager, the public :gook to Mr. Ferencik. Something goes wrong in another department, they look to the depart- ment head, its his responsibility. I am hopeful that this veer, starting with this year,and from this year forward, the department :leads are given consideration during negotiation with their thoughts and matters and consulting with so that they will know what is going on. Mr. Mielke: Mr. Mayor and Commissioners, I couldn't agree more with the Commissioner.. Let me just say what we are doing with Police and Fire. I have met with both the Chiefs. On your bargaining team besides myself is the Deputy Fire Chief who sits with me during all session:; and in the police department, it is Major Fonner and Mayor Gun:: from the police department who have reviewed proposals before we will be giving them to the police people and we will be in close contact with the department heads. Mayor Ferre: Mr. Mielke, you just made your first mistake. How in the God can you ccme to this City and start agreeing with Plummer? Right off the bat you start on the wrong foot. Seriously, we are happy to have you here and we wish you the very best and I am sure that I speak for Ken Harrison and all the members of the City of Miami Employee groups. Lt. Harrison: Sir, if I might take the opportunity to welcome Mr. Mielke and look for:aaod to a mutually successful negotiations and (speaking for all of the employee groups, if we can ever be of any assistance in obtaining information for you, we will be glad to offer. ADJOURNMENT: There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 8:40 O'Clock P.M. ATTEST: H. D. SOUTHERN City Clerk MAURICE A. FERRE Mayor RALPH G. ONGIE Assistant City Clerk 1/0 JUN 171976 Cli°�Y CIF IWP.. MI ITEM NO. DOCUMENT DOCUMENT IDENTIFICATION MEETING DATE: lone COMMISSION ACTION 1976 RETRIEVAL CODE NO. 1 4 5 6 7 9 10 11 CO'1H I SS ION AGENDA AND CITY CLERK REPORT ACCEPTING THE COMPLETED WORK PERFORMED BY D.N. P. CORPORACION, AT A TOTAL COST OF S152,457.75 ACCEPTING THE COMPLETED WORK PERFORMED BY ANZAC CONTRACTORS, INC., AT A TOTAL COST OF S'291 , 100 APPROVING IN PRINCIPLE TIIE PLANNED USE REPORT FOR ENTITLEMENT PERIOD 7, ,EIILY 1, 1976-DECEM- BER 31, 1976 FOR THE EXPENDITURE OF FEDERAL REVENUE SHARING FUNDS IN THE AMOUNT OF S4,318,522 PROCLAIMING JUNE 17, 1976 AS "JOHN S. LLOYD DAY" ON THE OCCASION OF HIS RETIREMENT GRANTING A VARIANCE FROM ORDINANCE NO. 6871. ARTICLE XXIII, SECTION 4, TO PERMIT CONSTRUC- '1'ION OF A BURGER RING RESTAURANT ON LOTS B, 9, 1 0, 1 1, 1 2, BLOCK 21 FROW IlOMESTEAD AMD . RATIFYING THE PURCHASE OF A LIABILITY INSUR- ANCE POLICY FROM AETNA CASUALTY AND SURETY CO. APP01NT1NG .EOSEPH GRASSTE AS CITY MANAGER OF MIAMI, FLORIDA EFFECTIVE 5:01) P.M. ON ,IULY 30, 1976 ACCEPTING THE BID OF M.H. DETIICK CO. FOR FURNISHING THE DEPARTMENT OF SANITATION WITH INCINERATOR TILES AT A TOTAL COST OF S12,215.72 AI' I'HOR I ZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DADE COUNTY, FLORIDA, FOR THE DEVELOPMENT OF HOUSING FOR FAMILIES AND PER- SONS OF LOW OR MODERATE INCOME WITHIN THE CITY OF MIAMI. :\I.L)CA'1'ING TIIE SIIM OF $4,181.19 FROM THE ('.IIN'I'INGENCV FIND OF THE CITY OF MIAMl FOR EXPENDITURES INCURRED BY THE CITY MANAGER FOR NECESSARY EXPENSES INVOLVED IN GIVING INFOR- MA I' I ON TO THE PUBLIC CONCERNING THE PROPOSED s',5,000,000 HOUSING BOND ISSUE WAIVING THE RENTAL. FEE FOR USE OF MARINE tilAliIUM ON IULY 25 AND 25, 1976 FOR THE AMI•.R I CAN CANCER SOCIETY'S BICENTENNIAL ROWING REGATTA. R-76-593 R-76-594 R-76-595 R-76-599 0056 R-76-605 R-76-607 R-76-608 R-76-612 R-76-611 R-76-614 ()55 76-593 76-594 76-595 76-599 0056 76-605 76-607 76-608 76-612 67-61'3 76-614 1 !ITN IR!!nptPompFIIim DOCUMENT IDENTIFICATION AUTHORIZING PAYMENT OF $ 7 00. 00 FROM THE CON- TINGENCY FUND AS THE CITY' S SHARE OF EIIE COSTS INVOLVED IN THE USE OF GUSMAN HAIL BY THE DADE COUNTY BOARD OF PUBLIC TNS'I'RUC1TON. EXPRESSING THE INTENT OF THE CITY CO}i?11S51ON 1'O FULLY ACCEPT THE PROPOSED ROUTING OF THE DOWNTOWN MA I `I T "PEOPLE MOVER SYSTEM" AS SET FORTH IN THE MAP ATTACHED HERETO. EXPRESSLY INDICATING THE AGREEMENT OF THE CITY COMMISSION WITH THE PROPOSED BREAKDOWN OF FUNDING FOR THE EIGHTY-THREE MILLION DOLLAR INITIAL COST OUTLAY IN CONNECTION WITH THE CONSTRUCTION OF THE "PEOPLE MOVER SYSTEM" EXPRESSING THE SINCERE GRATITUDE OF THE CITY COMMISSION AND COMMENDING CERTAIN GROUPS AND INDIVIDUALS BECAUSE OF THEIR EFFORTS IN CONNECTION WITH THE: RECENT SUCCESSFUL PASS- AGE OF HOUSE JUDICIAL 13IL1, #3982, "TAX ABATE- MENT -TAX INCREMENT PLAN. WAIVING THE FEE FOR THE USE OF THE BANDSHELL IN CITY OF MIAMI BAYFRONT PARK ON JULY 3, 1976 TO CONDUCT A CITY OF MIAMI BICENTENNIAL CELEBRATION. CHANGING THE DATE OF THE PIRST REGULAR CITY COMMISSION MEETING FOR THE MONTH OF .JULY FROM .JULY 8, 1976 TO JULY 1 , 1976. APPROVING AND RATIFYING THE WAIVER OF THE FEE FOR THE USE OF ROBERT KING HIGH PARK ON .TUNE 12, 1976 BY THE BOY SCOUTS OF AMERICA. AUTHORIZING THE BUILDING DIRECTOR TO ISSUE A COMPLETION PERMIT FOR 'TIE FOUR STORY 12 UNIT PROJECT LOCATED AT 1736 S.W. 19TH ST. CONFIRMING THE APPOINTMENT OF 1)IANNE SMITH TO SERVE AS A MEMBER OF THE OFF-STREET PARK- ING BOARD OF THE CITY OF MIAMI AUTHORIZING THE EXPENDITURE OF $2,000.00 TO PAY FOR THI'. FUI.I. I RAVEL EXPENSES OF MEMBERS OF THE BOARD or TRUSTEES OF THE. MIAMI CITY EMPLoYEE:S RETIREMENT SYSTEM. AI(EH0R1Z1NG THE EXPENDITURE OF $120(1.00 To PAY FOR THE FULI, TRAVEL EXPENSES OF A MEM- BER OF THE B(1ARD OF TRUSTEES OF THE MIAMI CITY GENERAL EMI'L0Y[E5 RETIREMENT PLAN. AP'IHORIZINC THE EXPENDITURE OF SS00.00 To PAY FOR THE. TRAVEL EXPENSES OF THE LEGAL. ADVISOR TO THE BOARD OF TRUSTEES OF THE MIAMI CITY GENERA1. EMPLOYEES RETIREMENT PLA' CG1M I5S I ON R- 76 -61 5 R-76-616 R-76-617 R-76-618 R-76-619 R-76-620 R-76-621 R-76-622 R-76-624 R-76-625 R-76-626 x TIN NO. DOCUMENT IDENTIFICATION I NT I '..C(; . WESTON AS AC I'l C 1 A T () EY OF THE CITY OF M A14 I D aktiiSsION I - 7 h - .3 RE-MTNAL CODE NO. 7 - 3 2