HomeMy WebLinkAboutCC 1976-07-01 Minutes•4.
ITY
a
OF MEETING HELD ON Jut N' I 197F,
-PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
ZAMI
•.
H. D. SOUTHERN
CITY CLERK
RALPH G . ONG IE
ASSISTANT CITY CLERK
• ".
INta
MINUTES CF P,M AR MEETING
CITY COMMT IG 3F ?;eiL FLORIDA
WMWMMWMPrMIIIMMWWWW40.4WWWW7.4TVIIMWOP.1.7.fra.-~3111
ITEM NO.'AiJUT
w r .ara, a�rr�rr,
1.
2.
3.
4.
5.
6.
6
FILM PRESENTATION - "MIAMI IS FOR YOU".
MARTIN FINE -"CITIZEN PARTICIPATION IN CITY PROJECTS". M 76-634
PRESENTATIONS, PLPQUES, CERTIFICATES AND SPECIAL ITEMS
;ORDINANCE OR
r E;3OLV T I CN NO. PAGE NO.
MOTION OF INTENT 10 PAY TRAVEL EXPENSES NOT TO EXCEED
$10,000 OF THE BOARD OF DIRECTORS OF E.I.P.E. MEETING
TO BE HELD IN MIAP I ,
MOTION REQUESTING CITY MANAGER TO STODY REQUEST OF
ALFREDO VARGAS TO WAIVE FEES AT CURTIS PARK FOR PLAY-
ING BENEFIT SOCCER GAMES TO ASSIST SR. CITIZENS IN
HONDURAS.
USE Or DIXIE PARK BY CULTURAL ADVISORY COUNCIL OF
OVERTOWN.
illio
7. REFER 70 THE CITY MANAGER FOR INVESTIGATION REQUEST t:
1 FOR F:NANCIAL ASSISTANCE, MRS. CLAIRE GRIEVES FOR h
PROPOSED EICENTENNIAL CELEBRATION. r DISCUSSION
8. i ::R. JOSE CL? ix, PERSONAL A2PEAR',NCE REGARDING ORDER
i 5Y CITY TO :.OVE ST1 ND:-R,D SERVICE STATION AT PORT
4 BOULEVARD AND .EISCAY:.E JOULEV ,RD. ti DISCUSSION
it
9. AMEN:: C871, A1IIC"•" ::XV - ELSE EVIL: ING LINES; REDUCE
iZONED STREET :IDTfi CF CERTAIN STREETS IN COCONUT GROV1;; FIRST READING
of
10. S' DENY REQUEST FOR CLOSING OF STREET AT S.W. 33 AVENUE
r.
AND 1_TH STREET. M 76-639
11, VARIANCE REQUEST TO PERMIT WAIVING OF REPLATTING - a DENIED BY
SILVER BLUFF HOMESITE. M 76-640
a
M 76-633
M 76-635
M 76-636
M 76-637
12.
13.
14.
15.
PERSONAL .".PPE. R.A;CE ' ' KS. CAROL. CLARK, SITE PLANNER, :3
DADE COUNTY SCHOOL BOARD - CLOSE N.J. 5 AVE. BETWEEN
60 AND 62 STREETS.
APPROVE APPROPRIATIONS FOR FISCAL YEAR 1976-77 FOR
THE DEPARTMENT OF OFF-STREET PARKING.
APPROVE APPROPRIATIONS FOR FISCAL YEAR 1976-'17 FOR
OPERATION OF GUSMAN HALL AND OLYM.PIA BUILDING BY THE 1
DEPARTMENT OF OFF STREET PARKING. t.
M 76-641
8559
8560
AMEND 6871 BY CHANGI-G CONING CLASSI?ICA'TION OF NE'LY .
99.50 :T. LOT 9, D.B. "D" - 253, 3495 MAIN HIGHWAY. 8561
16. = ROVIDI::G SA LOYEE:. 4 EC FT.6;'. ':i:C•:..E P0L::CEMEN
`' or, IRR x1::!: =I:?LI Ai.:'_'v:_? C:. tECOYE t:..::fl RS OF THE
RET ,.�3;'1 SYSTEM.
1.. �,.._ J1J_ 8562
17. I^;^_RO:LCT:ON OF MR. M?NSFIELD OF THE IMIAMI HERALD. 1
E
18. PROPOSED AGREEMENT w:TF ORANGE ;-C.WL COMMITTEE, CITY
M L:AGL:. TO 1 ET W`TE: ORrtiG: BOW:, COMMITTEE TO DISCUSS;
ATTE1;. OF CLOSED MEMBERSHIP OF SAID COMMITTEE BASED
t ON ETi-= IC BACKGROUND. ` M 76-642
19. ORANGE BOWL DISCUSSION ITEMS: USE BY MIAMI DOLPHINS
AND DEADLINE FOR AGREEMENT, NEW SCOREBOARD. DISCUSSION
20. Alm:. t�i:NSION PLAN TO PROVIDE CITY MANAGER PENSIOII DISCUSSED 6
EMOLWl NTS DEFERA (.
J
1-3
3-6
6-7
7-9
12
13
14-15
15-24
24-34
34-35
35
36
37
38-39
39-40
40-50
50-55
55-59
6
ITEM! NO, 5a4rT
22.
24.
25.
26.
27.
28.
29.
Oh 30.
31.
32.
33.
34 .
35.
36.
37.
38.
INDEX
MINUTES OF r !; LAR MEETING
CITY COMMISSION OF °Y "?, FLORIDA
"WI al cs rN.MINIIIONOr MicaMe*WA -3 ..w11111. X::;
4
ORDINANCE OR
' RECOLUTION No.
APPROPRIATE $1,550 FROM CONTINGENCY FUND TO COVER
EXPENDITURES INCURRED IN SEARCH FOR NEW CITY MANAGER.
MISCELLANEOUS DISCUSSION
ACCEPT COMPLETED WORK - PARKS BASKETBALL COURTS
RESURFACING _ PERFORMED BY THE BREWER CO. OF FLORIDA.
AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF PUBLIC
HEARING -ACCEPT COMPLETED CONSTRUCTION OF FASHION HIGH
WAY IMPROVEMENT H-4381 BID "A" HIGHWAYS.
AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF PUBLIC
HEARING -ACCEPT COMPLETED CONSTRUCTION LIBERTY SANITAR
SEWER IMPROVEMENT SR-5377 C & S.
BRIEF DISCUSSION-AMFND 8476 DELETING APPROP-
RIATION OF S69,670, MARTIN LUTHER KING DEV.
SUBSTITUTING CLINAYCp,iL�
ENCYTEN YEALEASE AGREEMENT-BRICKELL PLACE FOR $SOTTOM
LANDS-$4,172.12 ANNUALLY. R 76-647
AMEND CHAPTER 56-135. 1 TC PROVIDE FOR 3 YEAR REVOCAT-
ION OF CHAUFFEUR REGISTRATION ON CONVICTION OF DWI. FIRST READING
RATIFY RCTION 0• CITY (Y>RAGER-F:v R INTO =:.GREEMENT
WITH D DES •10NROE PLANNING CONSORTIUM "RECREATTION =�
SUPPORT PROGRAM'. R 76-648
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH
FEDERAL GOVERNMENT FOR ADDITIONAL C.E.T.A. FUNDS IF
RECEIVED.
APPOINT MRS.
COMMITTEE.
t;
I
4
BLANXA ROSENSTIEL TO BICENTENN".AL
APPOINT MANOLO REBOSO AS CHAIRPERSON TO CITY OF MIAMI1f
r
ALLOCATE $20,000 TO COMPLETE CONSTRUCTION OF RECREAT-�
GOLDEN GLOVES BOXING STEERING COMMITTEE.
ION BUILDING EXPANSION AT CENTRAL MIAMI PARK.
WAIVE FEES FOR USE OF WATSON ISLAND & SHOWMOBILE FOR 9
USE BY SAN JUAN CATHOLIC CENTER AUGUST 22 FOR FUND I
RAISING EVENT.
WAIVE RENTAL FEE OF MARINE STADIUM1- MIAM-T HERALD
LEND -A -RAND FUND.
PE .:0N. L APPEAR :.CE DAV::i: .:_DISH - SIMPSON
SANITAI<? CER` IVIED ETC.
PE^,:G:;. L APPEARANCE 0 . = s . ELI:::.:^^ETF VIRRIiCK - CITY F'
CC vaA.KI BOXING ?ROGKA.:, REQUEST TO UPGRADE DICK
LEE'S SALARY, 2TC. s M 76-656
BOXING GYM, INSTRUCT CITY MANAGER TO STUDY POSSIBIL- ►�
ITY OF IMPROVING AIR MOVEMENT WITH USE OF FANS.
CITY OF M_I.AMI RETIREMENT SYSTEM CUSTODIAL SERVICES
OF SECURITY PORTFOLIO, APPEARANCE OF REPRESENTATIVE
OF THE SOUTHEAST FIRST NATIONAL BANK.
a
R 76-643
DISCUSSION
R 76-644
R 76-645
R 76-646
DISCUSSION
Al 76-649
R 76-650
M 76-651
R 76-652
R 76-653
R 76-654
M 76-65S
M 76-657
DISCUSSION
AND
DEFERAL
d
PAGE NO
59
59-61
61
62
62
63
63
64
64
65
66
66
67
68
68
69-71
72-74
74-75
75-79
SURJECT
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSICE' or : 01 , FLORIDA
a CR.)INWCE OR 1
RESOLu' 7 I Cti NC, PAGE NO,
39. RATE OF WAGES FOR LABORERS 6 MECHANICS WORKING IN DISCUSSION
PUBLIC BUILDINGS OR PUBLIC WORKS IN DADE COUNTY. M 76-658
40.
41.
42,
43.
44.
45.
46.
47.
48.
0 49.
50.
PERSONAL APPEARANCE OF REPRESENTATIVES OF "CONCERNED
PEOPLE OF DADE COUNTY" — TRAFFIC TICKET SYSTEM, REOUE
FOR CHANGE.
COCONUT GROVE MARINA PROPERTIES: REQUEST CITY MANAGE
TO NEGOTIATE WITH BAYSHORE PROPERTIES, INC. FOR DEVEL
OPMENT OF PROPERTIES LOCATED AT 2550 SOUTH BAYSHORE
DRIVE. 1 DISCUSSION 92-118
80-87
M 76-659 88-91
WALLACE Mc HARG REPORT.
AMEND APPROPRIATION ORDINANCE, APPROPRIATE $69,670
TO CHRISTIAN CO2SMUNITY SERVICE AGENCY, INC.. FIRST READING 118
SET DATE FOR SPECIAL MEETING — JULY 8, 1976, 9 A.M.
WORKSHOP SESSION — WALLACE, MC HARG COMPREIHENSIVE
PLAN. [j M 76-661 119
CONTINUING DISCUSSION FOR SOUTHERN SELL FRANCHISE. DISCUSSIUN 119-132
SUMMER CLOSING OF SWIMMING POOLS 7...ND STATUS OF
CASHIERS, EXPLANATION BY CITY MANAGER OF DECISIONS. 132-133
ESTALLIS1-i POLICY CF COMMISSION MEETINGS WILL RECESS
FOR LUNCH NO LATER 12:30 P.M., ^EETINGS WILL
ADJOURN NO LATER THAN 6:30 P.M., UNFINISHED BUSINESS }.
CARRIED TO ANOTHER DAY. M 76-662 134
ITEMS TO BE DISCUSSED AT SPECIAL MEETING ON JULY STH1
DISCUSSION 118
USE C`' ORANGE BOWL BY �:IAMI DOLPHINS, PERMIT PLAYING
OF EXHIBITION Gk..LS WITHOUT ADVANCE PAYMENT.
PROPOSED CHARTER AMENDMENT — SALARIES OF CITY COMMIS—q
SIONERS AND MAYOR — SEPTEMBER 28 ELECTION.
ADJOURNMENT
'a
r
DISCUSSION
134
M 76-663
M 76-664 134-136
R 76-665 137
1
MINUTES OF REGULAR MEETING OF THE
CITY COMitMISSION OF MIAMI, FLORIDA
ON THE '' Y ' C'TY COMMISSION QF
MIAM7, .,'ET 7 _S " E 'i_' ' .. T ° N � PLACE IN THE (ATV
Fl.��,�Dr, i �. 1. � t� -. .Cc
PALL, 5CitJ rAN :� 'tER I LAN , )R I V_, „'i i, hLOR I DA IN REGULAR
SESSION,
THE MEETING AS CALLED TO ORDER AT 3:47 O'CLOCK AA BY
MAYOR MAURICE A. WAS
WITH THE FOLLOWING MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT:
COMMISSIONER MANOLO REBOSO
COMMISSIONER J. L. PLUMMER, JR.
COMMISSIONER (REV.) THEODORE GIBSON
VICEMAYOR ROSE GORDON
MAYOR MAURICE A, iERRE
ALSO PRESENT:
P W. ANDREWS, CITY MANAGER
A, P. LROUCH? ASSISTANT CITY MANAGER
.JOHN S . L.LOYD, (ATV AT ORNEY
h, D SOUTHERN, LITY LERK
RALPH G , UNG I E; ASSISTANT I TY CLERK
AN INVOCATION WAS DELIVERED B1' 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 INTRO-
DUCED AND SECONDED AND WAS PASSED UNANIMOUSLY,
JuL -1 IsI6
1. FILM PRESENTATION - "MiIAMI IS FOR YOU"
Mayor Ferre: Good morning, ladies and gentlemen, this is a regular City of
Miami Commission.
Oh Mr. Lew Price: Thank you Mr. Mayor, thin is a film, one of which we try to
make in the department each year. If you had to go outside it would cost you
about $35,000 to slake this film. By using our o;:n personnel we can do it for
$5,000 and ::his is getting ready to leading us into ;he development of the
Convention Center and knowing aocner or rater we're ;oine to have the Omni
International opening up here. We got the Hyatt hotel getting ready to go in
on the other property. A new Holiday Ina is corning in and we knew that the
Hilton people are ioo'r;ng r_round for locations. All in the City of Miami.
Mr. Mayor, if T_ can just take one minute, to tell you some of the things we're
doing is promctine the area and promoting not only conventions, but bringing
tourists and business here. If you'll ::ea before this little pamphlet, a
program we're starting, called "Miami Ole", _..is is e different approach to the
Latin Colony here. We're using this approacn on an all out campaign to sell
our Latin culture, our Latin entertainment, our Latin atmosphere in the United
States to the American people. Recently, we ran an ad in Yie Wall Street
Journe l and said whe happened to 1::_i :�c.. ::E,�S 's moved to Miami and
we got trea:e ndoee : nyuirieo oboes: •hie ..:r : n this y'. we .:eveioped this
canpa;.en. fit. `,:.vc , you Cee . ..::!nF.':± z r' on:Qing campaign in South
Americ._ year we :1ici noo h„oe _. _ :g-, money to do the job in South
Am rice or Centrl !.::erica, =he Carribl,c i i:_'.at we wanted to do. We only had
$10,060 set ,,y,;c; fo said space. f::1v,,. ._Sine agency took the $10,000, we got
$10,0OO from Dade County; $1O,C00 from Beach, the State of Florida came
up with $60,000, the United States Gov.:fe.::c:nt came up with additional funds
we took the money and went to Par. A:ier:c: end the Pan American filled up the
pot, so we ended up with a :tartar of a Billion dollars promotional advertising
contract for the Central South American C-_rribbean Countries. Reverend, I
think you might be interested to know we have an ongoing programs now in Trinidad,
Tobago, Jamaica, and Nassau, who incidentially are spending money, they're spending
'Alt. 11976
7 or 8 million dollars a year, each country trying to get touri:,tsto their
islands. We're holding our own with them. So, without any further adr,
this film runs thirteen minutes and we've tried to combine the tourist activities
'as well as the convention activities in the film we have available, so we hope
you'll enjoy It.
Thereupon a film presentation "Miami Is Far You" was presented to the
City Commission. (applause)
Mr. Lew Price: Ater the film presentation: What we're trying to do is show
why you should come to Miami for your Convention because there .re so many
things available to you here. This is just one phase of our ovrall total
promotional program that's we're carrying on now on really a wo-ld wide basis.
Mayor Ferre: Well done, Lew. It really is one of the best fills that I've
ever seen.
Mr. Lew Price: As I said, it was done by our own staff and our own people and
for a cost of $5,000...
Mayor Ferre: That's terrific. I'd like to make one recommendation. I think
that's about a fifteen minute film.
Mr. Lew Price: Thir.een minutes sir. (13).
Mayor Ferre: Thirteen minutes. I think you ought to do the same thing in a
five minutes, so tha: you can have the flexibility ( a lot of people ) you know
don't want to see it thirteen minutes.
Mr. Lew Price: Right, I agree with you we need the ----
Mayor Ferre: Just take the same thing and perhaps cut it down to a five minutes
so that you have that flexibility.
Mr. Lew Price: Mr. Marks with are working on that as urgent right now
Mr. Mayer.
Mr. Plummer: Do you have an extra copy of that?
Mr. Lew Price: This, yes.
Mr. Plummer: because I'll take it with me to Bogota next week.
Mr. Lew Price: It's not in Spanish we'll have it shortly after.
Mr. Plummer: That's all right.
Mr. Lew Price: We're translating it into Spanish. We're a little short on
money right now.
Mr. Plummer: Give it to me in English. I'll take it with me to Bogota next
week.
Mayor Ferre: All right. Is there anything else?
Mr. Andrews: Yes, Mr. Mayor and members of the Commission I'd like Mr. Price
to tell you about our advertising contract which is being carried out by
Advertisin and Marketing, Associates. You'll remember that this original
contract was initiates: through a cc,:petitive screening process through appoint-
ments made by the Commission and members of the Commission, City and County.
County Con:mis; oc.ers aeu Coen ty .: ?oi r..:;:e :I L.. co a screening board and after an
procc.se .. wc s _ el cte :-vei7a1 years ago which has surrenderdd
out:;can: ing service to the c,!:y. .ir. ?rice to cell you a little bit
about the eervice that. the render ;-:_x -- :� recommending to you that we extend
their contract for an additional year.
Mr. Plummer: Who do you recommend?
Mr. Andrews: Advertising c, Marketing, Associates, the permit has the present
contract.
Mr. Plummer: I move it.
Mayor Ferre:
Does this come with the recommendation of the Administration?
JUL 1 1976
Mr, Andrews: Yes it does.
Mayor Ferre: There's a motion and a second, Putther discussion. Call the
roll.
The following motion wan introduced by Crinlrni?Mluner Plummer who
moved 1t4 adoption:
MOTION NO. 76-6'H
A MOTION OF INTENT TO EXTEND CITY'S CONTRACT WITH ADVERTISING
AND MARKETING ASSOCIATES FOR AN ADDITIONAL YEAR TO CONTINUE
FURNISHING PUBLICITY SERVICES.
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
Mr. Lew Price: Thank you and I hope you'll drop down and see some of the
other work we're doing for you.
Mr. Plummer: Listen, I'm .leaving Friday, so I got to have that before then,
Mayor Ferre: All right, Thank you very much Mr. Price.
2, PERSONAL APPEARANCE
MR, MARTIN FINE
JUL - 1 1976
"CITIZEN PARTICIPATION IN CITY PROJECTS"
Mayor Ferre: At this time we're on Item 1/ 4 and at this time I'd like to
recognize Mr. Martin Fine.
Mr. Martin Fire: Good Morning. I've asked the Clerk to pass this to each of
you and to the Manager. I know you've had a long meeting so I want to be brief.
We're not to read this presentation (entire) to you, although it is only four
pages long and I hope you will read it in your leisure. 'chat it is an ideal. that
I have that believe when the time comes---- which basically is meant to involve
a great deal or a many of the citizens in this cor_aunity in the activities of
this community in u meaningiu.. manner in which will permit the city to benefit
/fir by the years of experience that they've had and will at the sane time give them
an opportunity to express their interest in the city and for both organizations
and entities to benefit from the going factor. I'd like to think that this
program could be called acc_ve in Miami and the aftername would be Ain. The
purpose is conceived as a volunteer program which Will go far toward creating
a better spirit of participatien in our local government. It has a two fold
purpose. One, is to give our citizens cf all ages an unequal opportunity to
share their knowledge and experience in the level of ;overnrnent closest to
them in the City of Miami. And, two, to willingly volunteer their servicesto
a city which is finding it increasingly difficult rnder these services with-
in the budgetary constringcnts which we have. Now, there's nothing terribly new
about this program in the Sense that the federal government has it in Vista and
they have it in the Peace Corps and International Basis. The r:hing that excites
me about it is the opportunity that it would have fer people on zhe local basis
to the level of government that '.= closee Lo thaw: •:o this kind of work and
rather tr.en belabour the of :t ..aay I 3 .1'. 3.1'. 3iv'. you Sc:'era1 examples of where
I ..hink thi.. type' of L. pr' , r:in wuu_•1 1 ',would sa'' among
one of th._- problems t::i,. 1_ a :r: ;:. z_..e_ year is Cee budgetary problem
and I think that gets 'etc. r simply because of the now
exren;;es are going up 'eoma_r1 :..'. Y an.i the income ir. arithmetical.
I wonder ii many of us know that the man who served two presidents of the
United States as Director of the Budget Department - Charles Wick is a member of
this community. He's president of one of the great bank holding companies in this
community. I would think that som_•one like Mr. Wick, he had a group of men who
were retired (rr.en and women ) pardon me. Had a group of people who were retired
and who had a lot of time to work with him and the budget department rather than
many of us over the years give it a lick and a promise and attend the meeting and
rush out because we have to go co work. I wonder how much benefit that, that
JUL 11976
could give to this community. f think it would he enormous. Number two, I'd
like to give you the example of a company which not too many years ago was
within the shadows of this City Hall, the Writer Company. I would think that
there might be some retired executives from that company, who could work with
you and connect me with a thousand of vehicles you'll have with the millions
of dollars you spend for parts. with devi_-tn:g systems that would include the
efficiency o' that harticuTr departr-e:t .r. my opinion undoubtedly would save
money. T would sly t(1:1'_ after r;,ut e : the . r.l L Lty of anybody in this depart-
ment at that tic: SOfO of vot. bee;. in eivate industry would have a much greater
opportun";.ty to do that than some of hasn't. Just recently you ay have read
the Mr. Robert who was President of Florida Power & L . ght Company
for many years was forced to retire before of mandatory age regiirement. I hope
he doesn't mind my mentioning his name. I think here are othe:s there like
Dick who was the Chairman of that board and Attorney _ a vibrant
member of this community. I think these are the kind of people that we ought
to look to bring but there's another group of people and
that's many of our young people. People in the junior college system and in
the colleges who might want to take the year off or take some time off or do
some summer work to attribute to this community, participate in it.and to make
it beam. I think in order for this program to be affective it will require a
great deal of sensivity on the part of the city administration in working with
and intergrating these in various departments. The program won't work
unless you people in the city want it to work. Unless they're well received.
Now, let's go cn page 4 if you want to turn to come to some of :he areas that
I think could be benefited by this program. For example, the Department of
Parks and Recreation I think you might teachers --one with physical education
structure, people of that nature who would volunteer their services, perhaps
over the su:eeer when the needs are so great. In Planning and Community Devel-
opment Department 1 had a fellow come to office the other day, ne said he was
the assistant :ianager poi all. the 'lousi.ng programs in New YOrk City and he wanted
to ask me if :'d introduce him to .:el Ace.--s which I promptly did and I think
he offered bi.s services there to see if ::e could be of some help and I'm sure
there are hur.drec:s of people like that ..rd so on down the list. Let me just
conclude hy ee.yene that this pi -eject nee and by the way you feel free to change
the name or Lew ?rice h..s a peter on ---- It simply offers for your con-
sideration ..ward:_ of .c city aced ti c•s individuals chosen to participate
or :t .s heee elet ?.t _it: c::._._ give projected aim to full
benefit _ ;1' tie.e ere c:ii.seceration. Because_ ,n my opinion it's a sense of
and u:,_i•rited. . r:, I sort: of feel it :tight sound corney but as you are
about to celeb_a[e the 200cb o:niversae" of the founding of our nation I kind
of wanted to sueaest e.o: eth n,_:, that might have some carr::'ir.e true effects after
the fireworks over on :Ju'_y 4th. This :o; ra11 to me is in tae best American
tradition :.nd that is all o: us ::an b..ccEe concerned with our f-overnment. Let
me jut c_o: e by _avten; this that _� pera of process ci gove
rnment I'm very
concerned and intcreseed In that pry e55. I think ::or exa::.ple as it works on
a national level we have three breaches of 40'.'i'-.:.lent... :t a local level
like the city for example, I think that :you all become the congress and the
executive ail at one time and what I'd like to suggest to you is that this
type of program has a great deal of potentials for allowing the citizens who
become the congress, to become rile active people, working with city administration
to carry out rhse programs. think they and you will both develop a much greater
understanding ._:.out the ci:y's needs and I might say that to mcke it very clear
in case cry of our riieres are here from verioue, unions that represent the city
and I think tire,, sal do a great job that L.Zi s is not mentioned :o replace any
one who's working with the city nca o: would be hired in the future but rather
to supplement their effort to 'De ada'.tionai _ _tourcea to those ,people in various
depart::,enLe and to this Commission end the. }i:.neeer and his various staffs that
represented by the group sitting behind slim. I'd be glad to anower any questions
you have about it if :-'y of you have any I thin: the only action that maybe
necessa' , is perha es ' o:. te4,e .,..nt to ado;-'t a t?O,__.on ir. principle to accept it
or willine to do that i.:nt eeto enc teen it r : er cc the Manager but
t .r .. t a
WO:1lCi r]01c: tit."ii: � _ could not .:E .: Q1 ..E.::i: __.r,S L::mot languid on someone's
desk an: then E�� •? '. ?e=• So, L=•,.::.• .'o� _cr the opportunity of presenting
it to you and I'd be glad to answer any :cuestions you may have.
Mrs. Gordon: it's a great idea it brings people closer to government and that's
the aiel cf the whole idea. Sensitive patience is the approach t) almost every
prograu. that comes down to us and par: of the requirements of implementing these
programs are citizen participation and so I think it's a fine idea to put it into
a form that we here in local government can develope. It has a format and it's
concise. I would so move that we in principle proceed to implement such a resource
a human resource of citizens of expertise.
',JUL I EN
Mayor Ferre: All right, there's a motion. Is there a second to the motion?
I'd like to on discussion Mr. Fine congratulate you once more for your constant,
vigilance, participation, activism, interest in your community. Well, I think
that covers it pretty well. You know, I, for years I've been saying all over
town that if we had five Mitchell Wolfson's in this town that we wouldn't have
half of the problems that we have and : might add if we had five Mitchell
Wolfson's and Marty Fine's and that's mIehty fine company to be put in.
Mr. Fine: .'e�, that's high class company and I appreciate that.
Mayor Ferre: And, I want to tell you that we're certainly-- I'm sure I speak for
myself and I'm sure for a].1 of us that I'm proud and really gratified to see some-
one as busy as you and as active as you are in your different business and legal
affairs to even take the time to stay up nights worrying about this and typing
things out and coming up with recommendations to improve our budget in our negot-
iations with Southern Be1l and the many other activities that you take. And, I
think the real point when you and I talked about it what really got to me was
when you told me, you know, there might be another five Marty Fine's but somehow
we've got to get them interested and involved in participating the city. Now,
not everybody has the self starting ability that you do and the power to stay
with these projects like you do and I thin perhaps you've got to make it easier
for people to come into the main stream that flow. There are an awful lot of
things that the Administration I'm sure would welcome the advice of the man who
was the formal director of the budget of the United States of America and if we
could get people like that to give us three hours a year or two hours, or five
hours, or t'Nenty hours, some people are retired, some are still active in their
various endeavors and I think certainly requires a sense of responsibility on
4100 our part. And, I wholeheartedly support and agree with you and the motion, but I
think we've got to make it very, very specific and what I would like to do is ask
the Administration at the first meeting after we come back from August. And,
the City Law Department, both to take this memorandum of Mr. Fine's and see if we
can find a structure for it. I think we've got the structure this, the idea is
fine. Now we've got to make it work and I think somehow we may want to have some
kind of a function or we may want to advertise or we may want to request the
Kiawias Club of Downtown, the Cumber oL Commerce, the Latin Chamber of Commerce,
and the vari-us civic and crganizat.`_ona1 -groups, to see if they can find the talent
that is in this community t':at ri t r is either inactive or semiactive or just
r.ot inva-'.red. Ve have pecoie. a: ;o as you cay continually pop-up. One guy as you
said was Assistant Attorney Cen.:rA1 in New York, or we have people that used to
worn in t:.e parks & Recreation Department of Now 'ork,that are retired in this
community and these are the peo_: _e we need to identify number one. Number two, we
need to find programs where we welcome their support and look upon it not as an
interference but rather as an asset and an assistance, so I commend you and thank
you.
404
Mrs. Gordon: There are e couple of orE nizations Maurice that are a source of
Manpower or Womanpower it you want to call it tha, they're an organization of
retired executives and we could begin s.,me: sere there. Of course, we're not only
talking for retired we're also talking about involving youth, which is our future
for good government, so I like the idea because you cross the age level, all of
them.
Mayor Ferre: In our own city structure we Nave now living in our community
as of next month two retired City of MIari Managers, I mean, just there, I think
I sometimes feel bad, that we have not called upon Mel Reese to be more active,
now I recognize and I think it's importar.z t`'o.t the new manager feel that nobody
is interferring with him and that he's got control of the Administration and we've
got to be very careful on that, but _ certainly feel now that the time is long over-
do to get people like riei Reese, who eee, th_rte,n :ears of their lives and certainly
has expertise in cne field or two or m.iy`_,e one comtittee, ;et their knowledge working
for the City of Mi.-wi. So, 1: thank you. Are there any other comments at this time?
If not call the roll?
Mrs. Gordon: Was there a second?
Mayor Ferre: Yes there was a second.
JUL 1 1976
ASS
The following motion was introduced by Commissioner Gordon who
Moirnd itp adoption:
MOTION NO. 76- 6 34
A MOTION TO ADOPT IN PRINCIPLE PROPOSAL, SUBMITTED THIS
DATE BY MARTIN FINE "EG.lee:: CIT:::?N PARTICIPATION IN
CITY Ct' MT:': `I ."l_S , .. ,eeeeeeeeeG THE CITY MANAGER
ANe THE C ': .\TTORe _: le Ceeelee A PYCeRAM FOR IMPLEMENT-
ING SAID PROPOSAL AND SUP, :Y'. e.eCOMMENDATIONS TO THE C )M-
MISSION AT ITS FIRST MEETING IN SEPTEMBER.
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Terre NOES: None.
Mr. Fine: Mr. Mayor, I want to thank you for your kind words of the Commission
and I wonder if we could aek the Clerk to insert th'_s little memorandum ---
Mayor Ferre: All right, if you would Mr. Clerk.
JUL -1 1976
3, PRESENTATIONS, PLAQUES) CERTIFICATES AND SPECIAL ITEMS
a. Presentation of Dia del Villaclareno Ausente Proclamation to
Mr. Juan 0. Parets, Events Chairman, Asoci_acion de Villaclarenos
en el Exilio.
b. Presentation of Plaque to itose Harris, Law Department, upon her
retiremene alter 18 years of service with the City of Miami.
c. Crese.ntaticn of Plaque to Fire Captain, Vernon C. Baughar►, upon
his retirement after 31 years of service with the City If Miami.
d. Presentaticn of Plaque to Fire Captain, Jack K. Lyon, upon his
retirement after 29 years, 11 months with the City of Miami.
e. Presentaticn of Plaque eo Fireeershall, John C. Wilkes, upon
his retirement after 34 years, 6 :months with the City of Miami.
f. Presentat;_c:, of Commendations to Police Officers, Raymond DeCerce,
Raymond Sales, John Dees; and James Gill, for saving the lives of
four (4) children whicn they pulled from a burning house.
g•
Presentation of Commendation to Mr. Enrique J. Perez, Publicity
Department, u,..n his retirement after three years of service with
the City of Miami.
h. Presentation of Commendation to Burger King, for their help on
behalf of the Handicapped Programs of the City of Miami.
Mr. Frank Solo, tanager, Special Projects, will accept for Burger
King.
i. Presentation of Commendation to Mc Donald' Corporation, for their
help on behalf of c„` Fandicap?of Progrems of the City of Miami,
Mr. Dean Barrett, Director of Public Relations will accept for
Mc Donalds.
.1
Presentation of Commendation to Master Ramiro Sanchez, Jr. for
his scholastic achievements in the field of science.
JUL 1 1976
k. Mr. Wilfrekik
to the City Mt
City property.
'3rgas to discuss waiver of 101oss receipt fee
Miami, when charging admission to an event on
The admission receipts will be donated to charity.
1. Mr. Evelio Ley to discuss the Inter --American Beakers Convention.
t►. Ms. Mattie Zanders, Cultural Advisory Council of Overtowu, to
discuss the City co-sponsoriag their Biceatennial Celebration.
tin Ms. Claire Grieves, Ct airr.aa. Awz.res Ceremony, American Crafts
Cou:ic.1, to request a donation to their Bicentennial Celebration.
o. Mr. Jose Clark, discussion in regards to the order by City of
Miami to move his Standard Service Station.
JUL -1 1976
MOTION OF INTENT TO BOARD OF DIRECTORS OF C.I.P.E.
4, PAY TH,VF. EXPENSES MEETING TO BE HELD IN MIAMI
NTE $1L, l�uv
Mr. Evelio Loy: fr. Mayor, members of the City Commission, City Administration.
I come be:.c •e yc-u today with thn progress report on the project that I'm
curientiy za:,xratin.? r.,asv [ai't.: the City Manager — through Charles Crompton.
This p:.ojaz_ vith the v.tim eme;rf.can Tathibition in Miami for a few months
now. Th..a Cit•; 'a^�gar's Offi..cc hrn been. trying to complete plans for this
project, a ci.•tt , L:?ril, :977, selected for such an exhibit. However, nothing
has been eccocr^?:s cd ragardin Lba participation of the Inter -American Export
Prcr,.otf.on. t '•=! •J it'_ c eo •? of t':. Organization of American States and of
the Lai:.0 Lurf yarn Count ice themee~:ves. With the full cooperation and support
from :h,a Ci;:r• ..ia..ar€r's Ofsic.. tc:cu; ;.r. Crtzapton, I had the opportunity to
converse wit'.; CP me rb err, Z::ccut'.ve Director, and some Latin American
Di :.taz�ses imvo =vet: in foreica tr:.c:e. :,fter a l engthly conversation with an
organ^ zation . gyres::+c ives it Washington. in refererce to this
matter, torn Cro.m;,r_cu and l c:,=-best way to begin this project would
be with an c_. '.icart avant. A.fter careful consideration we
decided that the Leal event ;could be a Board of Directors meetings of the CP
here in Miami.
Mayor Fer e: :ou better explain what CP is.
Mr. EvcliL• Lem' Cr is r. ,o= the organization of american states.
ale, e: ct.i.;. he nee: s r.i:ane -.,trey-:'.melicr.n TENpo`.: Promotion Center. It's an
oreanizatioe teat * rcoeee the ee pee from all the Latin-American Couutrics
to•~ethei tars[. a ;:ha Jrea1 izetioe i :lacy±cOn St;.=es. It's a very well known
•J
or;a ieet:en .. repreeent e lot in eaeir imeri%.0 3=.c: eluo for the United States.
The objectrive cf this maetin.„; world be to prose to the participation of a Latin
erican Country aad the CP in tide yrL:; cce. con•;er sing this eery recently while
visiting Bogota. I hat the privilege to speak weep the CP director Franklin
Stewart to stress that the only way --- - to liart:.cioate in :such an undertaking
was to hold such a tweeting in out ...ley, meet`ne of the Board of Directors
of the CP - CP eoard of Directors meabees. Uefort:ornately, ehe CP has always.
paid its tietbers travel iae exeeisee _o.: tkei r regular ec _eings. And, they, do
not have aaty i;udgue for any other meeting,. The tote) coee for all the members
of CP L and of Direceu t-._p to .•ii.c._.. ::or three days would be $20,000.00. This
[:Till irc7u2..a air fare nd c.11 cxsa. . The CP ;gad the organization of
America: STetes have alreaci cor .irted ; 1. ,(230. :he other thing have some dollars
which would have tc be matched by _:;e locel chair of which we hope with the City
of Miami will ie able to 13_ovide their part. We would like tc have this meeting
to be held here in tL. cr. Sep::er..±er 10, and il, 1576. 'ci asking you to
match the amount 60 that the ur» ect 1:ecoma a reality. I could go into a
lengthy discussion or now ou-:. b:.:-: _t from a vennure, but I do nothing
th:tt dee Lc 1' ::_3 b::el? `.or.ring very hard trying
to ----- . :,.T_e-_c.a and therefore you must
reeliee _ ..- �-.n. �.1; ' i.:2r? L�` _ . . ...__. hava in promotion for
May I . i'p�(:s:�::a' tat :or this p:cject r•o . only is your financial help necessary
but also your p•er.sc al. involvement an ::Lp?3rt. Give us your leadership and let
us all move forward together for the benefit of the City of Miami.
rleyor terse: I'd like to say that one of the things that we really have to get
moving oe besides talking al: e tide about Miami being the gateway and the
bridge and eo on, is to 5ring to Miami like we have we just finished with the
Inter -America:: Chamber of Cceemerce, ycu're bringing a Banker's Convention in
August a::+ if we could get these type of activities so that they get used to the
idea of ;;pin,; to Miami for meetings. Let me tell you the real significence of
C,I.?.£., tnz... is the trade am of the O.A.S. (Organization of American States).
i
J U L 11976
As you know there is under the United Nations, there is a sub -group called the
O.A.S. and it deals with all of the problems of this hemisphere. It is t-h-e
United Nations for the American's and I think we should try diligently to try
to bring them to Miami, not on a conference basis but to get them to establish
a permanent office here and for them to establish eventually at our convention
hall a permanent trade center for inter-r:me:Ic.an trade and the first step in
my opinion is to get `hem to come to .e`i s in September. I think, the
fact L'..r.t they would _von consider col,! i,Aw co :; >:r.i is a 7rea honor to us and
I think ',;e re :...y should reach out fo_ =i-em. I would recommend that we do it
this way fir. 'L2y, the O.A.S. is putting up $10,000, they want Ili to match it.
I think the City of Miami ought to come up with $5,000 and let •;etropolitan
Dade County match us. Now, if they do not do that, then you cone back and we'll
talk again.
Mr. Ley: Ok, then T. should go ahead and make a presentation to the members....
Mayor Ferre: I think that they have just as much to gain by thi; as we do and
I think they ought to match.
Mrs. Gordon: And, Maurice, I don't see why Miami Beach should nit become a part
of it, because they will benefit. People will go to Miami Beacn for a number of
things.
Mayir Ferre: I agree. Well, I think that we ought to enrmark $5,000. You ought
to try to get both Miami Beach and Metro to match that.
Mr. Plummer: Mr. Mayor, let me just say this. I'm very familiar with CIPE in
Bogota. I will be there next week. I know Mr. Stewart personally. And, I will
tell you this that as far as I'm concerned they are the key organization of which
we the city are looking for and Mr. Mayor, I want to go stronger. I don't want
them going to '4iami Beach. I wart the,:; to come to the City of Miami, and I'm
goins to tell you that I'm ;oing to :;..:e a motion now that as far as I'm concealed
I yDuid wa:.i. co guarant,,e_ the (10) from :'_:e City of Miami that = can go there next
k,eo . and oono:.:n:e_ that doing this vi :1L Cn _ if Metropolitan Dade County would
_Ike to i__? o t it this endeavor, t_...._. :•:iami Beach would like to help out,
fine l,.t . do,-,'_ wan: :.:iot city to g :den opportunity of having that
orb; .oiz.tion ccn.: co thi city :nd to ;,ea':': a round of situtations, which we would
11: e to e_.cour;.ge here ir. the City of Miami.
!surf 'e; re: Commiss-:oner Plummer :;oyes.
▪ Plummer: move. No. . uyor, that nc. guarantee the $ 0,000, that this gentlemen
go to Metropolitan Dade County and as if they will donate ;.oward this fine cause
and to Miami Beach to dona;:e towards this fine cause, if they don't, it's their
loss.
Mrs. Gordon: When this taking place?
Mr. Plummer: September, Rose.
Mrs. Gordon: This September?
Mr. Plummer: Right.
Mrs. Gordon: I thought I heard you say April.
Mr. Plummer: No, September.
• :.ey: We're planning to have the ethibits at the beginning )n April, but from
S_ ,tt,:.or to Apri_ it's a little 'bit short ti:::e to have t ::. e:c1 ibits and the reason
we 1)e haviiw tip Board of Dir.:ctors here of C.I.P.E. ...
.::s. Gordon: This coming Septelubur?
Mayor Fe:re: Yes. Three months from ncw.
Mr. Plummer: lose, one of the things that :'m doing and the way that we structured
• trip of the Sister City is that the Wor1d's Trade Fair opens in Bogota on the
14th of July and that we are going to :,e there for representing the City of Miami,
because we felt that it was significant to let those people know that the City of
Miami is interested.
(-)
a
JUL 17976
Mayor Ferre: All right, Father Gibson.
Father Gibson: Mr. Mayor, I second the motion. But J.L., I don't want us to
go to Miami Beach and ask them for that money. I want us to guarantee the money
and go to Metro.
Mr. Plummer: Fine.
Father Gillson: And, ask Metro to give us $5,000. See, what isn't. said, you then
put Miami Beach in competition with us, Man, and I don't want to make that mis-
take.
Mr. Plummer: All right.
Mayor Ferre: We've been through that one before.
Mr. Ley: I will be going to Metro.
Mayor Ferre: All right, with that correct then, if it's acceptable to all members
of the Commission and the maker of the motion seconded. Further discussion. Call
the roll.
Mr. Plummer: Before voting, you will get together with me Monday(Mr. Ley).
Mr. Ley: I will be in Rio De Janeiro Monday.
Mr. Plummer: Well how about tomorrow?
Mr. Ley: I'm leaving today, but I see you for...
Mr. Plummer: All right, because I want to get from the Manager...
Mayor Ferre: See him again today. Hey, J.L. you can meet with him today. Will
you arrange that please? All right. Thank you. Ca11 the roll.
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 76-635
A MOTIONOF INTENT TO PAY Til,, EL EXPENSES IN THE AMOUNT NOT
TO EXCEED $10,0C ?O'. A EL j G OF TiE BOARD OF DIRECTORS
OF C . I . P .E.. TO _ HELD IN M I. .: iI , WITH THE HOPE AND EXPECT-
ATION Til:T A PEO_i: r J! r 13 ;.::CUNT OF MONEY MAY BE RETURN-
ED TO i.::: CITY LY WTRO?CLI2-L D..DE COUNTY AND OTHER MUNI-
CIPALITIES IN THE AREA, r,LL OF WHOM WOULD BENEFIT FROM SUCH
AN EVENT.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vot2-
AYES: Commissioner Mancio Reboso
Commissioner (Rev.) Theodore Gibson
Commissioncr J. L. Plummer, Jr.
ViceMayo: Rose Gordon.
Mayor Maurice A. Ferre NOES: None.
JUL 11976
JUL - 1 1976
MOTION REQUESTING
CITY MANAGER TO
STUDY
REQUEST OF ALFREDO VARGAS TO WAIVE FEES
AT CURTIS PARK FOR PLAYING E:iNEFIT SOCCER
GAMES TO ASSIST SR,CITIZENS IN 1ONDURAS
Mr. Alfredo Vargas: (Mayor translates from Spanish to English) .
Mayor Ferre: This gentlemen says that there is an exhibition game to be played.
Soccer Exhibition Game. The two teams aae from Honduras and they Are going to
play at Curtis Park and that the Lwo toms are not charging for their services.
$3.00 entrance charge. And, the monies aro going to be sent. tc a Senior Citizen,
Center in Honduras. 10% of the gate receipts. I; that what we :harge for Curtis
Park?
Mr. Andrews: I believe so. That's correct Mr. Mayor, when there is an admission
charge.
Mayor Ferre: Well, I'll tell you if we do anything at all. Seems to be that the
money ought to come to the City of Miami and the City of Miami, itself after
investigating, making sure and I don't mean any offense to anybody , making sure
that this is a valid contribution on our part would then contriaute the money
directly to the Senior Citizen Center in Honduras. I, personally, have no objections
to that, provided it's done through the City of Miami and after you've checked it
out with a counsel here and the various government agencies to make sure it's a
valid organization.
Mr. Andrews: Yea, and Mr. Mayor, you might add in your qualifications that if
such a contribution can be legally made for a municipal purpose, because we're
get down to a point where...
Mayor Ferre: Well, ah-- Mr. Andrews I'd like to remind you that in many, many
different occasions in the past the City of Miami has waived fees for regatta's
baseball games , softball games, football games, jamborees, you name it and many
of them had nothing to do with the City of Miami.
Mr. Andrews: but, the waiving of those fees was fur a local purpose Mr. Mayor.
The waiving and ?urpose of...
Mayor Ferre: Well, I'll remind you of one that wasn't. There was a hurricane
that depravated Honduras and there has been benefits, for example, in the case
of the Gua-eemaia earthquake where the City of Miami has raised funds, has waived
fees, and the monies did not come to the City of Miami.
Mr. Andrews: Yes, and I would agree with you there where there's a natural
depravation and so forth, but this is for t':;e purpose of... Well, this is for
a social purpose Mr. Mayor. You're going to ga: into a very dangerous area now
and I'm just saying you better be cautious this is not an exception. This Is a
usual kind of function In another community outside of the city.
Mayor Ferre: I accept your point and 1. think it ought to be thoroughly investigated
by the Administration. You come back with a recommendation as to whether it's a
worthwhile cause. To be, the suffering of old people that don't have enough to
eat and so on is ea :such of a social cause as a hurricane. So, I'll leave that up
to the Administration to investigate and whatever the will of this Commission is.
I don't know this man or these people. I've never seen them in my life, never talked
to them, so I don't know them from Adam. What's the will of this Commission?
Mrs. Gordon: Let the Manager investigate it Mr. Mayor.
Father Gibson: Whatever can be done after investigation I've for it.
Mayor Ferrs: All right, is there a motion then?
Mrs. Gordon: Could we table this til the next meeting? Is there an urgueney
about it?
Mayor Ferre: The 4th of July. Let's be pragmatic, huh, how maiy people do you
really think are going to pay $3.00 on the 4th of July to go ste a soccer game
between two Hondurian teams? I mean what are we talking about $50.00 or $100.00?
We're not talking about anything. I just don't see that you're talking about a
major thing. Well, I would like to do it this way, that we leave this in the
hands of the Administration. A11 right, the motion is that the Administration
be instructed to look into this and if possible to help these people, but it must
be through the City of Miami. Is that acceptable?
Mrs. Gordon: Yea.
/D
JUL 1 1916
Father Gibson: Right.
Mayor Ferre: All right, there's a motion and a second. Futthet discusaidh
call the roll.
The following motion was introduced by (:ommIssioner Gordon who
moved its adoption:
MOTION NO. 76-636
A MOTION REQUESTING THE CITY MANAGER TO INVESTIGATE THE
REQUEST OF ALFREDO VARGAS TO WAIVE FEES AT CURTIS PARK
FOR PLAYING TWO BENEFIT SOCCER GAMES TO ASSIST THE SENIOR
CITIZENS CENTER IN HONDURAS.
Upon being seconded by Commissioner Gbison, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
JUL -1 1976
6, USE OF DIXIE PARK BY CULTURAL ADVISORY COUNCIL OF OVERTOWN
Ms. Jackie ? : On behalf of the Cultural Advisory Council of Overtown
Central Miami. I'm a member, Mrs. Zanders is the chairperson. We are here again
this morning asking the Commissioners, the Mayor for your support. This body is
made up of residents and workers in the Central Miami Area. It is a non-profit
organization. We have in the past three months sponsored three concerts.
Mayor Ferre: Jackie let's get right to it. What is it you want us to do, waive
the fees for what?
Ms. Jackie ? : We would like for you to waive the insurance fees for the
use of the park.
Mayor Ferre: Which park is this?
Ms. Jackie ? We're using Dixie Park and the concession fees.
Mayor Ferre: Now, let me tell you in the past we have never that I can recall
ever waivedthe insurance fees. Now we can waive the concession fees.
Mr. Andrews: And, we'll try to work that out in some other way.
Mayor Ferre: But, you gotta be covered with insurance.
Ms. Jackie ? : Mr. Mayor, we're a non-profit organization and we don't have
any money.
Father Gibson: No. no, suppose those people get hurt, they'll sue the city.
Mr. Plummer: But Jackie the problem is we're non-profit too and they're going
to sue us. And you just got to pay to the insurance.
Father Gibson: You believe it!
Mayor Ferre: I think we will... I'm sure that I speak for this consensus here
that we'd be happy to waive the fees, but I don't see that we can waive the
insurance.
Mr. Plummer: Why don't you Mr. Mayor suggest that the Commission go ahead and
pay the motion and have the City Administration work with them to try to resolve
this without the need of waiving the fee for insurance specifically.
Mr. Plummer: All right. Move it.
Father Gibson: Move it.
//
JUL.
Mt. Plummer: Seconded.
Mayor Ferre: Father Gibson moves. PluMMet seconds. Purthet discussion. CAI
the roll.
The following motion was introduced by Commissioner Gibson who
moved its adoption:
MOTION NO. 76-637
A MOTION OF INTENT TO PERMIT CONCESSION STANDS AND SELLING OF
FOOD AT DIXIE PARK ON JULY 23, 1976, IN CONNECTION WITH
ACTIVITIES SPONSORED BY THE CULTURAL ADVISORY COUNCIL OF
OVERTWON; REQUESTING THE PARKS AND RECREATION DEPARM NT TO
COOPERATE WITH SAID ORGANIZATION IN THE IMPLEMENTATICN OF
THESE ACTIVITIES, AND WAIVING ALL FEES FOR USE OF SAID PREM-
ISES, PROVIDED HOWEVER THAT PROVISIONS FOR INSURANCE NOT BE
WAIVED, BUT THAT THE CITY MANAGER ATTEMPT TO ARRANGE FOR
SAID INSURANCE IN A MANNER OTHER THAN OUTRIGHT PAYMENT OF
PREMIUM BY SAID ORGANIZATION.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rase Gordon
Mayor Maurice A. Ferre NOES: None.
REFER TO THE CITY
7, MANAGER FOR
INVESTIGATION
JUL - 1 I fD
REQUEST FOR FINANCIAL ASSISTANCE
MRS, CLAIRE GRIEVES FOR PROPOSED
BICENTENNIAL CELEBRATION
Ms. Claire Grieves: Good Morning. I'd like to pass out if I may to you Mr.
Mayor and the rest of the members of the Commission. You already have a copy
of the letter requesting your support for the city and I want to tell you in
advance that Metro has come up with a purchase award for us for $900.00 and
we'd like very much that the City of Miami do so participate.
Mayor Ferre: When is this event going to be?
Ms. Claire Grieves: Opened on November 12.
Mayor Ferre: Well, I'll tell you since we have time between now and November 12,
I would recommend that we do it this way. that we ask the Administration to look
at this for us and come back at the next meeting with a specific recommendation.
I personally have no objection. It seems reasonable to me, but that's something
that I think needs to be looked at to see exactly what the benefits are for the
Cite of Miami.
Ms. Claire Grieves: '" . Mayor, the only reason I would be here now and asking
for your support is that the exhibition catalog is going to go to press very
shortly.
Mayor Ferre: When?
Ms. Claire Grieves: Within a month and we would like to list the City of Miami
as a supporter of the exhibition along with Metro.
Mayor Ferre: Well, we'll have an answer for you by July 22nd. Is that soon
enough?
Ms. Claire Grieves: That's marvelous!
Mayor Ferre: Alright. Is there a motion then, that the Administration look at
this and come back'
Father Gibson: Moped.
Mayor Ferre: Moved by Father Gibson. Seconded by Plummer. Further discussion
call the roll.
JUL 1 1976
b
JUL -1 1976
$i DISCUSSION ITEM:
MR, JOSE CLARK, ORDER 3Y CITY TO MOVE
STANDARD SERVICE STATION
Mr. Andrews: Mr. Mayor and members of the Commission I'd like to ask your
indulgence in a matter. In this last request that came up [ recognized that
were out of town and an application W:5 not f ilod for the use of the park.
I would very -:uc'i -p^reciatc for `.+: .. H,in±strction's benefit that the City
Commission an,1: their s:c•ffs _c instruct their str.Us that when
we receive these inquiries f,om tae pu l:c for the use of public facilities.
Even though it's on some basis that the Commission will give rEliet that they
first go to the departments, fill out an application. We can E.clvc• many of
these matters before they even arrive.
Mayor Ferrel Paul, which one are you talking about?
Mr. Andrews: Well, as an example this last one, Curtis Park, in this area,
the matter that was just before you of the 0vertown. When your staffs receive
these requests if they would direct them back to the City Administration to get
the permits filled out and so forth we probably can avoid many of these requests
even needing to come to the Commission by working with these or,anizatfons.
Mayor Ferre: I think that's a valid recommendation and I'm surer we all accept
that. And, certainly Fausto, you heard that, would you make a note of that and
pass a memo around in the office upstairs. I think that really is just simple
common sense. All right, at this time I'd like recognize Mr. Jose Clark to
discuss the City of Miami move a Standard Service Station.
Mr. Plummer: Mr. Mayor, you want me to make it brief for you? Very briefly,
this gentlemen came before the Commission asked for the purpose of relief to be
given 90 days or better than 90 days before the city moved him it. It was my
understanding that the unwritten rule is that we would. Now, he's received a
letter from the City Attorney telling him to move as of what date?
Mr. Jose Clark: The 8th of July.
Mr. Pluer: The 3th of July. Now, I'm going to tell you I said before . I'll
say it cgain. It's unfair. It's not it good business practice and Paul, where
do you stand?
Zr. Andrew: Je11, let me speak for Mr. 'Heston, because Perhaps this gets
awkward for him to tell you wnat the problni ;s. Now, the Commission has a
choice I chiral if you're going to direct: ti:a City Administration and the City
Attorney to act specifically, then do it .r;' resolution. But the danger of doing
that by resolution is that we jco'a_dize our role in ct.i o: the F.E.C. property
and that's what we were trying to avoid. Now, we're _,al sorry that this gentle-
men has to move but we'll be derelict in what we're doing if there's evidence of
nature that indicates that we're not pLrsuin;, :res_s aggressively as we should be
and that's what occurring here and I'm really kind of cautioning the Commission
that while I feel sorry for this gentlemen we're going to act to ask him to move.
Mr. Jose Clark: Mr. Andrews, the Amoco Station and the Merlin Building, it is
si'1 there. I've been evicted a month ago.
Mr. Andrews: I understand that. There be a problem there but they wore given
notice.
Mr. Jose Clark: Oh, they've been evicted already, but the buildings are still
there.
Mr. Andrews. Yea. I Mould recommend to the Cc tim _csicn at this time that you
a!-:k us to 7,ceec expediticiLf,ly 'P_ .~:i_...' ...:, _ t_ reteive fcrmer bids for the
demolicion ci tniz wort: tin after '. . ._'e •:ece •;cd former "olds, award of the
contract and set the date for date then will co; tcide with the
date that :his man must vacate the ;,rc erty.
Mr. Plummer:
Goodbye.
Fine. We understand each other. We understand. Chank you.
Mayor Ferre: Are there any other pocket items that are of any u•gency that need
to be taken at this time. If not we'11 then proceed ....
/,5
JUL 1 1976
JUL - 1 1976
ARTICLE XXV-BASE BUILDING LINES OF CERTAIN STREETS IN COCONUT GROVE
AMEND ORD, 6871 REDUCING ZONED STREET WIDTH
Mayor Ferre: Mayor reads ordinance into record, which will be voted on later.
This was held at the Planning Advisory Board meetin June 2, voted 4 /0 recommend-
ing the amendment. If it's instigated by the planning department. Are there
any members of the public that are here ro speak on this item? Are there any
objectors to tter;: '16? Ted why c:rn't »'c.0 co:A! up and I'll recognize you at this
time?
Mr. Ted Tschumey: I live at 3610 Bay View Rd. in Coconut Grov' I'd like to say
that I concur with these recommended reductions in street righti-of-way. I do
want to point out to all of you that the number of streets that were recommended
in the planning study contained many more streets to be reduced than are before
you today and I would like please to have your assurance. My s:reet happens to
be one of those streets that's not before you today. I'd like your assurance that
at a later date we can come before you and speak about these other streets.
Mr. Plummer: Well, this thing is not delineated in any way. It just said certain
streets in Coconut Grove.
Mayor Ferre: That's the title, but in the body you'll see it.
Mr. Andrews: That wouldn't preclude that at some future date if there was need,
similar action needed that the Commission couldn't consider that.
Mr. Ted Tschumey: But 1 want to make a distinction that it's n(t an issue that's
over and we're bring it up at some later date.
Mayor Ferre: We understand that --
Mr. Ted Tschumey: And part of the plan that needs to be...
Mr. Plummer: YOU're talking about it being a continuing thing.
next two or three months.
Mr. Ted Tschumey: Yes, within the
Mayor Ferre: Well, I can't know of anything in Coconut Grove that is not a
continuing thing, do you ?
Mr. Ted Tschumey: But the community does have strong feeling about this and
we would like to talk about it.
Mrs. Gordon: I have no objections to this, but. I have a comment to make on the
agenda wnich shows tour (4) members absent and I would like to know how that's
going to be explained, how that is explainaole?
Mayor Ferre: Well, let me say that's rather rare. This is the first time in
my experience that I've ever seen something passed 4 to 0.
Mrs. Gordon: No, but only four (4) people were there ---
Mayor Ferre: That's what I'm saying I've never seen that before that's the first
time.
Mrs. Gordon: Mr. Acton can you tell us?
Mr. Acton: Well, I'll send you a report. I can't give you a comment.
Mrs. Cordon: No, I don't mean the specific reason to accept that. Once we considered
havinc alternate and we thought, weIl one alternate would be sufficient to take
care of whL.cever vacancy or absentee mig::t be there. But here we have four and
how often lets :hat happen?
Mr. Acton: No very often. That is the firs:: time that I can recall you've only
had four (4) mc, hers at a Planning Advisory Board meeting.
Mrs. Cordon: you been at any time with less than your total seven(7) board
membership, including the working of your alternate?
Mr. Acton: Ordinarily, we have seven (7) members, but what I can do Commissioner
Gordon is to send you a summary of the attendance.
JUL 1 1976
Mrs. Gordon: I would like you to do that and I would also like ycrt to make a
tecormttenda t l on If you feel there should he just . i rerommendn t f on to hnve another
alternate member. Ok?
Mr. Acton: All right, Commissioner Cordon.
Mayor Ferre: Now, is the e a motion on Item f>? Are there a.ny objectors present
for the last time? All right. now I've reed the ordinance Mr. City Attorney, so
I think now ail we need . . it's move) ;.y who? Now, we got twc movers. Well,
now we've L:ot two movers. There's a motion by Rose Gordon. Seconded by J.L.
Plummer. Further discussion. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CITY OF MIAMI COMPREHELSIVE
ZONING ORDINANCE NO. 6871, ARTICLE XXV, BASE BUIIJING
LINES, SECTION 1, BY REDUCING THE ZONED STREET WIDTH
OF CERTAIN STREETS IN COCONUT GROVE; REPEALING AI —
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT
INSOFAR AS THEY A1E IN CONFLICT; AND CONTAINING A SEV-
ERABILITY PROVISION.
Was introduced by Commissioner Gordon and seconded by Commisaionc:r
Plummer and passed on its first leading by title by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
The Mayor read the ordinance into the public record
and announced that copies were available to the members of the Ci y
Commission and to the public.
JUL - 1 19/6
10, DENY REQUEST FOR CLOSING CF STREET S.W. 3.5 AVE & 11 STREET
l;OODLAWN ?.ARK CEMETARY GARDENS
Mayor Ferre: Item 1 7, resolutt n Closing, Vacating, nbo~:dorine 3r.d Dis-
continuing the Public use of a pertior o. S.W. i c. Avc i..e Scuth of S.W. llth
OP Street in conduction with tentative Plat No. 949-"f:ooalawn Park ;emetary
Gardens Section B ". The Zoning Boer voted 7/1 reco::c_:endine denial of the
request. The Planning Department recoemencied ''Approvel" subject to construct-
ion of new turn around north of the pr )posed closure area:. There were four (4)
written- ten (1C) oral objectors, cne ar.itten - five (s) oral votes .in favor.
Your name and address for the record sir.
Mr. William Benee': May it pleree the Commission. *.y name is William Benee
I live in Miami in Heig'r.ts down here. I'm with Mershon!, Sawyer, Johnston,
Dunwody And Cole. I'm an azeorney. 1 represent t e good".au-. Perk Cemetary
Company. I'd like to hand out just: so we kiioe what we're looking at. There
were some problems I understand at the last ':e;._-ia; wit:_ tLe me:: they had on the
board. Maps that show dust a little are: that we're talking about he and also
maps that show the proposed changes if vacating is erented as requested.
The testimony will show what t::a plans are 'cut the plans for the property is to
use it to raise small plants for the rest of the cemetery :1-La :.o chat other portions
interior in the cemetary can be freed for :u:_ara?. and burial purposes.
Mrs. Cordon: You r:.ean there'd be a deed res..riction placed to that effect,is
that what you're saying?
Mr. Benee: I haven't discussed that with my client. I can't do that by myself
but I can talk ---
Father Gibson: Let me ask this council... you know you're a pretty smart man.
Mr. Benee: Thank you sir, I guess.
Father Gibson: You're a pretty smart man and they pay you nice money, nice sums
of money to advise them. This troubles me.
/5
JUL 1 1976
Mr. Benee: Why is that sir?
Father Gibson: Because you're asking us to give up a piece of 1atd and t'iitt
nothing in return.
Mr. Benee!: Well, that':, 1 misconception and I have to tell you that because
this land he1angs to Wuodlawr: Ccmet.iry since 1913. Before there was a road
there sr, _'ri s '_and was Woodlawn Cer•'etary.
Father Gipson: Woodlawn profited by what we did. Isn't that. true?
Mr. Benee: i don't understand by what you did, you know, what you're referring
to.
Father Gibson: Right! you ought to understand me. You're a lawyer, you know.
Mr. Benee: Oh, I do understand you. Ok.
Father Gibson: Woodlawn profited because was designed was to their benefit and
I know business to the point. I tun a church. It isn't good for the church,
man, I ain't!
Mr. Benee: I think there's a. misunderstanding. I might be wrong sir. But are
you aware of the 1925 plat and 1945 plat, that's what I wanted to explain to this
Commission. If your do know about it then,you know. Let me just explain that and
then we can get into the details. The application is to vacate a portion of the
street, which is 70 x 105 feet. It's now S.W. 33rd Avenue. The reason is that
Woodlawn own this land since 1913 before there was road, before there was houses,
before there was anything there. And, in 1925 the land was sole to developers who
were goir.;; •cc build the sub -division. The developers went broke, but before they
went broke: they ci,licated this particular street to the city with the desire to
build house: e.roanc it. Some houses were built, most of them were never built.
The lane; :_vim:1_ec back to Woodlawn because the,' couldn't make their payments and
now there's a a_re et there... a:.ter t',e :cad it was designed to connect up with
was vacated in You see, there wary eo 5e a proposed S.W. 12th Street. This
was going to :tie: into S.W. 12th Street in its 1925 ple_t. That's why it was there.
It ;;asn't supposed to be a "deaf: end s z.cet". 1`ut the S.W. 12th Street was never
built and this Ccromission ir. 1)L5 over 30 Vea_s ago vacated S.W. 12th Street. So
now we have a "dead end e,t_eet" that goes nowhere and we're not asking the Commission
to give so:-:ethinL to Wccc:lakn that it didn't own at one time. We're just asking to
give it back because it's not being used or a street. It was dedicated to be used
for a street. it's really not being done. That's the essence in the application
sir.
Father Gibson: Counselor, isn't it true that Woodlawn will receive the benefit.
And the benefit at that time was to their advantage.
Mr. Benee: Well, that's a little difficult to say here. The reason is that the
developers who dedicated the street were the ones who desired to get the benefit
but they went broke. We had to take the land back with little pieces of it gone
and whether we got a benefit of that, I think it's difficult to say. 1 really do.
I'm not trying to evade you in anyway, sir. This land is worth money. I'm ,just
saying ...
Father Gibson: Ok, you're going to give us a deed restriction?
Mr. Benee: To what sir?
Father Gibson: Your clients are here now. Confer with them.
Mr. Benee: Ck. Deed restriction to use it for nursery purposes to raise plants.
Is that...
Father Gibson: Only.
Mrs. Gordon: And no buildings.
Father Gibson: No buildings and you ain't burying, you understand what I'm talking
about. Confer with your clients.
Mr. Benee: May I nave a moment sir?
/6
JUL 1 197F
•
•
Mt. Renee: Yes sir we'll agree to that.
Mrs. Gordon: All right, are you through with your presentation. The Maydt
had to step out tor a minute, but he will be back.
Mr. Bence: Well, we had evidence to present it for ---
Mrs. Gordon: Go right ahead and pr.csene whatever you wish, then I'm going to
call on the objectors, and then you'll have some time for rebuttal.
Mr. Benee: The hearing was continued for the purpose of our mcating with the
objectors, but the only nearby objector and Ms. Garcia failed to attend the
meeting that was set. Therefore, it appears the: the hearing las to go forward
because we were not able to work something out with the objectcrs. We will
present evidence that the road is on property that was owned b) Woodlawn since
1913 . That it serves no purposes of road. That the roads "dead end" is a
nuisance , because it's now used as a lover's lane and a conceded praise to
break into Woodlawn's property which has been a recurring problem. We will also
show a savings to the city in lack of police of severance that •4i11. no longer
be necessary. Lowering the street maintenance, the normal thin€s, then also the
question of putting it back on the tax roll. But I think the essential question
for the Commission is whether or not it's fair to give this prcrerty back to
Woodlawn since it's no longer being used for a street and the cedication itself
to the city said that so long as it's was to be used as the street it was ded-
icated for that purpose. It's really not being used as a stree=, even though
it looks one. I would like to point out just the in preface that the Department
of Public Works has decided that this vacation is in the public interest, and
plate and street commission of the City of Miami Zoning Board has favored it and
the Fire Department, c.he Pollution Control Department, Metro Planning Department,
Building & Zoning Department and the Department of Public Works. I would like
to first call Mr. Donald Bradley for some testimony. Mr. Bradley would you please
state your name, address and occupation:
Mr. Donald Bradley: My name is Donalc Bradley. I'm general manager of Woodlawn
Park Cemetary. I live at 1120 S.?'. .3rd -,venue, that's lot 7 on the map.
Mr. Bence: In the map that I passed cut to the Commission I Have a copy right here.
It's right next to the yellow portion of co be vacated #7. How long have you lived
in that house sir?
Mr. Bradley: I've lived there since 1961.
Mr. Benee: How often is the lawn cut in front of that property ly the city?
Mr. Bradley: It's cut weekly.
Mr. Benee: Has the street has any maintenance in the time you've been there?
Mr. Bradley: It was recently rcpaved, resurfaced.
Mr. Benee: Does that street lead to any thoroughfare?
Mr. Bradley: No it noes not.
Mr. Benee: What is the street used for?
Mr. Bradley: Well, it's a dead end street. It serves as access to my house and
there's a turn around because it's a dead end street.
Mr. Benee: Is there evidence that the street has been used as a lover's lane in
the past 15 years?
Itr. Bradley: Yes quite often. I would say we have two or three incidents a week,
both day and night that it is used as a iaver's lane.
Mr. Benee: Has this lover's laTe activity bothered you in the house that you live
.in?
Mr. Bradley: Well, it can be entertaining at times. (laughter) But there have been
instances where we've had not oily fistfights at night, I've had young ladies come
crying to my door in the middle of the night..
/7
J I U L 1 1976
Mr. Benee: All right, other than the lover's lane, are there any othet
activitieh that take place on this dead end portion?
Mrs. Gordon: I want to ask you a question, what about the vehicles that park
there? Is your vehicle the one that you use the only car that parks there or
.ire there other vehicles belonging io Woodlawn p:irki.ng there?
Mr. Bradley: Not on the street. My personal nutcmobiles are either parked to
my carport or on the outside of my house.
Mrs. Gordon: Yea, what about on the st.reet, are there other rags there that park
there doing the day time?
Mr. Bradley: Not on this portion of the street.
Mrs. Gordon: None.
Mr. Bradley: No.
Mr. Benee: The only thing I thing that park there is Ms. Garcia father parks a
truck there on the Woodlawn property on this dead end street that's the only thing
I've seen parked there and I've been there several times now. Has there been a
theft problem Mr. Bradley associated with this dead end street for Woodlawn?
Mr. Bradley: We've had numerous burglaries in the past. Not on_y burglaries,
we've had many instances of "andalism. I do have police reports for the past 18
months that will substantiate this. We've had many, many burglaries in our
maintenance building, which is on the east side of the portion o' the street that
we're asking to vacate. If my memory is correct in the past two years we had seven
(7) burglaries in that maintenence building. We did install a burglar alarm.
We've had t.:,o (2) bur.:.laries since the alarm was installed. The alarm has one
off and fortunately we didn't 'save any property stolen. We have had many, many,
burgh_:i _e t;icugh, :lot only inside the t ll".l ing we've had equipment stolen. In
our maintenance: area we've had water cur diesel tanks on our tractors and equipment
we've had mirrors stolen from vehicles, :we've Ilad license plates stolen from vehicles.
Mr. Bonee: Mr. Bradley have you ever personally seen one of these burglaries taking
place?
Mr. Bradley: Yes I have. About 9:03 o'clock. I guess about a year ago, since I
do l've directly across from our maintenance area I went to my :font door and looked
across the st_ eet and l sale that the door on our maintenance building was opened
and I know it shouldn't have been and I walked over to she wall and looked across the
wall and I didn't see anyone thee. ? did go it o the building end I noticed that
our cigarette machine, gumbo machine had been broken into, cur tools had been stole-
I went back home and ca1ied the police and after doing that l looked hack across
the street and I noticed tnat the burglaries were rack. I saw people moving,
activity in the area. I did call the police back and told them Are burglary
was in progress. They sent several K-9 officers to the park and unfortunately the
people involved did get away.
Mr. Benee: Ms. Garcia, I believe, at the J.ast hearing said that if the police there
they must be gi:ost , Says Mr. Garcia had been there when the policemen were there?
Mr. vradley: I believe that on this particular incidence ... we had so much activity
in the area, so many dogs, so many police officers, that I did talk to Mr. Garcia in
his front yard that night.
Mr. Lenee: When the police are called frequently, do they use this 33rd Street
entrance or do they go around to the front entrance to the cemecary offices?
me, .,_ee .,___ . eel eee ,,eeh rec.i:.t _. had instnT:cc where two men climbed
over .Est_ _ the Lnl c,f tII1L .:er occasions we don't know about the
burglaries the next morning. Natural:_y, ,:e makce the calls then and the police do
come in our Street entrance or the ibth Street entrance.
Mr. Bene: At the City Department's that were consulted on this application set
conditions for the granting of the application and for their approval of it?
Mr. Bradley: The Department of Public Works has given us several conditions for the
granting approval.
Mr. Benee: Just in general, what are the conditions? I believe it relates to
JUL 1 7976
landtcaping .
Mr. Bradley: The construction of :► new turn around, new laidscapltig5 a:urbftigs
and they require that a bond be posted for these improvements.
Mr. limes: And, has a bond been posted?
Mr. Bradley: Yes it has.
Mr. Benees: So all of this would he done at Woodlawn's expens.1? It that
correct?
Mr. Bradley: Yes it would.
Mr. Benee: What are your plans for the 70x105 area that's vacated?
Mr. Bradley: Our only plans are to use it as a small nursery.
Mr. Plummer: Mr. Mayor, excuse me counselor, Mr. Mayor, Madama Vice Mayor,
I think the counselor should be informed that this is not a coirt room and
a running dialogue is just as acceptable, if not more than the question and
answer type. Go ahead and make your points and I think it wiles be a lot
briefer for everyone concerned.
Mr. Benee: As a matter of fact Mr. lradley testimony is concluded and if there
are any questions for him. This would be appropriate. I have one more witness.
Mayor Ferre: I think we should hear now from the objector for awhile and then
I'll give you time for any rebuttal.
Mr. Benee: We do have one witness as to the background, but I might be able to
put that in myself more quickly if the Commission would permit me.
Mayor Ferre: Would you like to do that now, because you know, we've got to get
on with other items, so
Mr. Benee: O. Well, the only thing that I want to show in addition to that is
what I said inieeally and that is Woodlaw., purchased this property in 1913. In
1925, it was sold to developers or the .urpooe of develceing sub -division. AT
that time S.W. 33rd was dedicated, taa,:'s :ne toad in cuestion. It was called
at time Ward Boulevard. It was to connect cr with a 12t; _.rcet which has never
been built, which was vacates in 1945 ar,i for that raaso n ,•:oodiawn is not asking
for the city to give it someone eise's property. It's asking for the city to
return his property ;because the city no longer needs it for...
Unidentified Speaker: Ok, you said that the property was sold to developers.
When you sell something you make a profit. So right there when you sold the
property way back then.
Mr. Plummer: Without trying to be fresh would you put your name and address on
tl•e record?
M. Mary Garcia: My address is 1112 S.W. 33rd Avenue, ok. So, when you sold the
property back then you sold it, you nade your ?rofit. The prc.-erty was no longer
yours. You had to buy it back. Well, that's the way the business goes. As far
as the lover's lane affair, either Mr. Beadley is very nosey or I don't live at
my house because I can assure you -- well obviously I don't mcke a living looking
out the window at night to see whethe_ eeople meking love, supposedly over at
lover's lane but I have never peen Any",-;ccy in �ar::Lc cars an surely
not ma:ia a habit of thi 'oeccuse I 1D .:_'-ale a ::r:o-story house
and our ',i'indu'..'. .: e. strc. , ..J ,_.," ...t2:� .. 7ecpie ra;:lsn,, love
sup ion.• :Ilv, � .:1'� = :�; (1:: w,� _t� /.= ilk : - .J.__f� ��iG...: s•.; .:vmL 1 ve aev .. teen them?
Seem i�t:: '_t si: ;e`c_:. + _ :,,._' _ a .:::e :ma ___ the '�� -_ �'' �-' '� '^ lest especially when
I know :hei aoc elaere. ^.G', - :i,.S bean_ .o r.s on for so long, I mean,
why ::(D:J, i.'cv didn't you teke ':) 12.ore ri:ice^. :.i= happened Mr. I don't � know
care I'm 2:. aer,_s old. I coeIa: Vhat people to, nut Mr. Bradley has little
grow:.r.,_, children. Don't you think t: i.t it eliehe make them rapist or things later
if they were exposed to this for 5 yeL s, ':ct's really just too much to day that.
I might -.oc be=r_ at the meeti.. Wa received a letter on a very, very short notice
which wasn't even, didn't even come t7 the mailman it was delivered to our house.
I'm sure you all must have copies of c:te letters that I sent to MR. Bradley, because
I sent a letter co him, hand deliverer: it with carbon copies to everybody here.
List night at 4:10 Mr. Charles Sharp calls my house at the last moment because he
/`?
JUL 1 1976,
wanted to get together with me after i had been trying to react him since
Fridey of the week before. Now, 1 don't have the time nor inclination for
games for games and if he was doing this as a last notice so that I couldn't
get to confirm anything or you know let the Commission know that I did attempt
on many occasions to try to reach them. :'rn sure that must have a copy of the
letter here. I_'s becwse it must've ben soma sort of game he wanted to do
it at the :,.st moment. And r.s f saic; to : e I just don't have the time for
play _ .n . ; Lon t :;a•✓c the _In t Lc n for it. Now, I can see how a
nurser, _._._ rise :ienefii Woo;.,.awn Cemetery. Rieht now tees' have to buy whole-
sale from outs_.i . I: they had their own nursery they would be saving money.
Now, anotaer thing Reverend Gibson, last time asked them if thei were to put
graves in there how much of a profit could they make? Well, graves sell 3ft.
by 8 ft. anywhere from $500.0) to $1,400.00. In two small lots they could
make a profit of $250,000 that's for selling them at $500.00 onJ.y. Now, I don't
know whether they plan to make-- if they were to put grave: in there whether
it would be the expensive kind or the cheaper kind. I really don't know. But
if they were at the minimum which is $500.00 for two small lots not counting
Mr. Bradley's Jot or lot number 8, which they also own. I mean that's a very
good profit and if voe really would sum it up and they were to go ahead and put
graves on those lots that they already have they could be close: to a million
dollars. 1 paean this is approximately. I can't give you exact figures because
I'm not an accountent. But I believe it's pretty accurate. So I can see even
if they we -e to put a ;nursery there they would still 11 be making a profit, I Couldn't.
our property would lost it's value and I don't see why I should go ahead and let
somebody benefit when it's to my detriment. Another thing if they closed the
street and we bought it thinking it was street. I mean, we have cars we have to
go out and : paten , get out of the house somehcw unless you intend to fly.
Another t. n,; that I don't understand about these burglaries our portion of the
house 4nc :.; e c nit on _:th Street, the_ -ova a solid break wall, except in one
sense ell eeher __.ree si cs have :es on them. Now why wculd anybody wants -
why you m.ake it Iif _eu_t for ehemse ,, why try to go in through a brick side
es uu p sie,; cc .._r.; to the o::leer ee e�_t .c s where it's all fench all you have
to do i. c:_eee e Aao;;i__-_ ,:ey ,-eeet•: that the police department is pretty
good. es le -.1 have se :..eay :r'; apses ,zr..c th3 police -teen has never found
an boc_. in = :ices•s and :hey .. 't act sa3cb
o. hen they were in there
when etee '1"_i _ C ?_5 su:i: sec:_v %Gene __ eenn, either the policemen are not doing
t,.ere join or ray ;..-rese seen': leurglerlee end ehere could be something else
bbecaus. !. n noz too Su abe-t z ez and since ycu were more or less leading Mr.
Bradle7. on .xr:.i T u::.s e_.tt`.z; the i:ri;ressi-r, that this ,.as some sort of trial.
Would yeti l.'_ee i:c so ahead Ind etoss ._?;!::line :1::' or wouie. :you litre to bring up
any other point eat }'C'.i te before a.' 1'1 be very happy oc answer them. Let me
say here reght nov d:el want to get :together With then every since from the
beginning. I .'!on't .Chow whether ther they're eev'_oasly trying to deceive me or whether
they're just :i_, _eaponsible. -every single tanteme that we code here and you can see
by the transcripts we get e different story; different intents, different purposes
we've only gotten purposes in the last t'.o hearings. The first of the hearings
we never got any kind of answer whatsoever :end I was very, very happy to know that
I was told night by the perscn that I talked to that the o_her attorney that
was here o.ev;.ousiy was not qualified and that's why would be bringing ...
Mr. Bence: :;cw. wait a minute, wait a minute, that's not a prcner thing to say
and I think tnat'c : iy '_mporper and I don't think this Commission should
entertain that Kind of thing.
Ms. Garcia: ';._11, that's w:,at I was told t-,::er. I asked Mr. Sharp. I said, why
weren't we given some intents or some purposes at the beginning, he says, well
the other attorney and you can con,:` up here and he can call me a liar if he wants
but that's the truth the ether attorney didn't know what to say.
Mayor Ferre: Counsc .Lor, r eis is not a court of law and w3 don't follow court
proced'_t_t,a • to b)t' a:; :ible es we Can and let people
Mr. 3enec: sscsinetin„ personalities '
P doesn't have any relevance to that.
Mayor Ferre: We understand that and T think we're speaking to the issue and each
of you have a right to present your views. We respect you, respect the other side
too. Now, you want to add anything else?
Ms. Garcia: cer tell you how it's gam g to affect the neighbors, ok, that I'm
spe:akir.g for them because the majority of them don't speak English. It will be
affecting them in the property value. To us it would be a lack 3f privacy. Because
if they in effect were to have a nursery and they already own tha lot next door
JUL 1 1978
•
•
when equipment would be coming in, when work would be being done we could not
only see them, but the noise would be right --- it's right under a window. I
Mean, Mr. B where his begins cannot be more than 6 feet from our window,
all right and that's absolute lack of 2rivacy. I don't see why a turn about
Should be right in front of my `souse where all this traffic would have to ---
and right in front of my house we have vehicles that are parked in our parking
lot, anybody could ccme by hit the veh'..c1es, you know, it's just to me ---
and we'd lose ice value.
Mayor Ferre: I think you've made your point. Now, are there any other speakers
at this time. No, you have to come to microphone. We need yotc name, your address,
you have to identify yourself so that its part of the record.
Mr. Benee: My I interpose a question to the Commission? We hLve a reporter here
taking this down who doesn't speak Spanish. Can we have a trar.slati.on of this?
Mayor Ferre: I will act as official translator. So far the gentlemen has said:
he identified his name and his address, where he lives in the neighborhood. He
apologizdsto the Commission for not being able to address it it English. He said
he is trying to learn but at this point he does not dominate the language and
therefore he has to speak in his native tongue and thats about as far as he got.
Mr. Plummer: I think it's worth to them, what is his name and ----
*Mote: Translating for MGarcia,Garcia
j135 S.W. llth Street. I'm here to defend m
or Ferre:Y
property and my property rights. It is no secret the shortage of land that
affects Woodlawn Park Cemetery. These people are the neighbors representing
five (5) property owners and houses directly in front of the subject property.
We are informed and we don't knew the validity but we are informed that Wood -
lawn Park is in negotiations to purchasinc additional property, ether property.
What could happen is later on since this is obviously a good business if these
people were to buy A:s. Garcia proe.._rty then they could extend the cemetery further
then the cemetery would be direct__ in front of our houses. If that were to
happen our pro erty valuee would_ dec::eeee. I nave my house for :sale for the
past few months to r' r ic: boy' e eieeer Zemily. I have nothing •igainst the
cemetery but 1 concernced ;ee t . rcperty values. ;nd, they were willing
to sign a cor,'.:rect in lenich they would s :.c 'chat they would not go beyond their
present boundaries thee T woul.'. have :.o eN csition. But I would only concede
if it was e legally binding document ire t; tee can. tery would not expand. He feels
and wants to go on recce:el paying he _:cthing pereonaliy against the
cemetery but he feels as a ;.itiscn he has ri h e to protect his property as a
taxpayer and he doesn't want anything to ;ec-atdze the value of his property and
if something is to be done he wants a firm guarantee that through the actions of
this Commission at your request his property values would not be affected.
Mr. Benee: Are you going to call for speakers in favor. I don': know ...
Mayor Ferre: Are there any other objectors present? Ali right, are there any
speakers in favor? People who live in the neighborhood who wish to speak?
Mr. Benee: idrs. Kirsh is in the courtroom and she stated she's iz favor I don't
know if she really want to ...
Mayor Ferre: She says, it doesn't make a difference one way or the other.
Mr. Benee: She said, there are a lot of things going on, on the corner and
she's been there since :L950.
Mayor Ferre: All right, why don't you see if we can wind this up and we'll
come to bring it to a head.
Mr. 3enee: ids. Garcia es obviously a very tuff lady, she has offerred to
sell us the house for $150,000 or to split the property or something.
Ms. Garcia: Excuse me....
Mr. Benee: Now, wait, it's my turn. Ok, I was quiet. And we haven't agreed
to that and that's why we had to have this hearing because she wants to make
a profit on this thing. She has told ua that she does not object to the street
closing. in fact, no one here is actual:17 objected to the street closing.
They're objection to the expansion of a cemetery, which really isn't what's
on the agenda today.
:JUL 1 1975
Mayor Ferre: Counselor, what the gentlemen said is that it is not on the
agenda today, but that's exactly what they fear will be on the agenda tight
after.
Mr. Bence: :purely, but it has re.illy nothing t') do with the street rlotlitrq.
You know, they're talking about laed t hat'r. down on the ler •'nd ofthli bleek
which is nothing --
Mayor Ferre: It has nothing to do with the street closing today, but it might
tomorrow.
Mr. Renee: Ok, I don't see --
Mayor Ferre: So therefore it brings it into focus today.
Mr. Benee: Ok. Right. But really, the question before this Commission is
whether the health, safety, and welfare of this community requ.res the contin-
uation of this street in some fashion. What is the street being used for,
what need for the continuation of the street has been shown. a have seen nothing.
And, I can't believe the Commission has seen any need for this street continuing
to exist when it doesn't serve any purpose at all for the needs of the community.
Mayor Ferre: All right, Ms. Garcia, just a minute now and ther we'll wind it up.
Ms. Garcia: You obviously were told something and misquoted it. Mr. Sharp ex-
plained to me that it would be to our benefit if the street wa: closed and I
said to him when he explained to me that they were going to put a nursery. I
said, well am I going to get a share of the profit? That's exactly what I asked
him. 1 did no'` ---
Mayor Ferre: There nothing wrong, wait a minute, let me stop }ou right away.
There's absoiueely;ti nt11121, immoral, or unethical for you to went to sell your
property and make profit. That's what this country is all alout.
:i . Ga::cie: :S:.ch:, like, yoo know, I tan cc ahead with Mr. Ga. cia, who's no
relaticn to eike, I ..no'.: I've seen my family and I've seer, people and I've
seen the::. ...ark to buy a rouse arc. I've seen them go ahead and have to suffer a
lot of hete.a::5. e and I c.en' = think that if you choose a place to live that for
circa etance;. teat :.re Beyond your contrcl and there's really no need for it
that you should: be forced zo hither : eve out or live in a area that you don't
want to live because to me that's right G,:t oppression. I'm in this country
if you really .;ant to gez down to it because I oppossed it. And, there are a
lot of. Cubans here find ther2 are a lot; of foreign necple here that didn't want
to._..__.-- anc. be forced to do anything they didn't want. And, to me in this
case this is beinc forced to accept something I don't wan':,. Now, you say that AK
the property serves no •purpose. It might not serve any purpose to the city, but
it sure serve a purpos_ for you if :you get the property. 3eceuse I don't see
why you caoeld be sc kind and so genercus as to take some property from the city
which serve no purpose for the city and either pug: e nursery ce it or later on
go ahead are: expend and put some graves and which -.:ould be to Lie benefit of
the cemetery. I •ion'c. Bee how i. benefits me and I've been asking them to explain
to me and i. yet can tell. me right r.ow how they can go ahead and benefit and how
that can for the uetterm,ent of the cor,onmity when the community itself is here
and they,'6nposc:d. Tell me how something is good for the community or the benefit
of the community when the community itself doesn't want it. When you convince me
of that and then I'll see ' e' li take it on from mere. I have r o intention of
selling the p _cperty. _ told :•lr. Sharp when he offered me 15 fEet of the property
in lot 7, that we were net going to take that I did not have to consult with my
father because I was a very responsible person and to me whatever my beliefs were
in I'm not the kind of oorsor that comes in here en comes tomoercw and flush away
from gey eo nee A:.c) ta Dt ; . four eeeenne _^1uete ::e according tc everybody's mood
ce yc',i eee e. .:( heee ene eel: Tie eO_._ -..-...ice _ei ens tt'. ._ give me a S ICIy
c,r•-r -.., :: .. �U.a -- no. aJ, - :r .ere, why did he offer me
17 l'ece. et _:r`_ e t • ff_r me ..=t =:D ...311:'_ in lets today and go ahead and oppose this
thing. :r? di . he tte to oe _...:.de .'s Bet ing me at the last moment yesterday,
;illyDosed:e :G `. the ma ._cme ineer: 'tit.:. Bed wanted some information from me.
Now, you .:_.. i,v•'_l has ;i_". Sharp get u:. there and ask me since you believe in the
leeuiee the witness and cress examination and objection sustain when this is the
City Commission and this is not e trial. If you really wnat to make it one and
you really want to know :ny opinion you have it right now.. So you ahead and you
convince me how that's going to be for the betterment of the community.
tomorrow
JUL 1 1976
Mayor Ferre: All right, any thing else you want to add, all right. Thahk ybi1
Very much. And, now what is the with and the will of this Commission?
Father Gibson: I move.
Mayor Ferre: Father Gibson moves.
Father Gibson: I move Mr. Mayor to uphold the Zoning Board.
Mayor Ferre: Father Gibson moves to uphold the Zoning Board. Is there a second?
Father Gibson moves to uphold the Zoning Board, which was denit•:i. Is there a
second?
Mrs. Gordon: I second the motion against it.
Mayor Ferre: There's a second by Rose Gordon.
Mr. Plummer: Let me ask if it's possible on the spirit of compromise. The
cemetery is contemplating putting a wall or a fence or sornethir.g, would there
be a possibility of rather than putting that fence right to the property line?
Mr. Benee: It's not going to bE on the property line.
Mr. Plummer: How far?
Mr. Benee: It's set back 15 feet from the property line.
MR. Plummer: But, what are you going to do between the property line and the
fence?
Mr. Benee: Trees and foilage that posted a bond to place there. There would be
a green border between the edge of the line of the street vacated and the 7.5 foot
set -back on the wall which would be filled with trees. It was shown on the map
that the Planning Commission had up here just a minute ago. There is a plan to
put in four large trees and grass in between that area.
Mr. Plummer: No-- I'm not talking about that area. I'm talking about the area
between lot 7 and this lady's house.
Mr. Benee: I see. Ok. And, what was the question about that sir?
Mr. Plummer: The question is instead of putting a fence to the property line.
Is it possible that you can set back 10 feet there?
j. Mr. Benee: 15 feet sir, we will do that.
Mr. Plummer: And then you will landscape that between the fence, between lot
7 and 6?
Mr. Bradley: Commissioner Plummer, I believe I can answer that. We have no
plans to remove that house at the presenr time.
Mr. Plummer: Well, ^ventually you're going to.
Mr. Bradley: Well, in the event that we did, we would set -back 15 feet. In
fact, we've offerred to give the Garcia'::, the 15 feet.
Mrs. Gordon: Mr. Mayor, on discussion :,r: :h: :notion. I don't recall very many
times where we have not respected the wishes of a neighbor or the neighborhood
where it is a :mandatory action that we h::vn zc' take . It':> a request. There
may be some merit in the _er.'. est, more ::1erit in my
Opi:17..on in the OC•jector.' the Obi ctor is the nearest
affected property owner and tr.at's why I seconded the notion.
Mayor Ferre: Now, is there further discussion on this item? If not, please
call the roll.
Mr. Plummer: Since ther's no plat, there's nothing in that shows what it's
going to be I'll have to vote with the motion.
5
'J"1L 1 1976
The following motion was introducer) by Commissioner (Rev.) l;ib+tdt►o whti
moved its adoption.
MOTION NO. 76-619
A l'IOTION TO DENY CLOr;1 NG, VeCeTeNG, AI1OUDING AND DISCONTINUING
TIIE PUBLIC USE OF A PC =..: N 01, 5. W. 3;rd AVENUE SOUTH OF
3. W. ll th STREET IN CC:3i;UNCTiON WITH TENTATIVE PLAT NO. 94')
- "WOODLAWN PARK CEMETERY GARDENS SECTION B".
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner. (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: Let me give you my two minute speech this morning.. We continually
have conflicts at the City Commission that's really what we're here for to resolve
these differences. My attitude is not always the same because we always have two
forces, the neighborhood and the community as a whole. Sometimes they're tog(ther,
sometimes they're apart. When I think there's an overridding need, which is core
important than the need of a residential neighborhood. However, as Rose Gorden
has pointer. out we co out of our way if possible to protect the integrity of
residential neichborhoods and the winh of the neighborhood and the community.
Now, in this case I do not see the ove::all welfare of the community as a whole.
I would 5.-.;a1 that if i lived :in the ::eie n_:orhood I would prefer to have that area
in 5_cenry a:1cl trees and s`ur'a13, but I don't live in that neighborhood and I don't
live r.e:.t tc _.. .>roocrty and therefc " . _ got to respect the people that do
live next __ if tna:"'L. `ihel +1_.`:•. An:C E:ince I see no overridding community
rood in this ;:u .ce `::enT vote with the motion. Therefore it is unanimously.
Thank you very much ladies and gentlemen.
11,
JUL - 1 1976
SILVER BLUFF HOMESITE
Bt MOTION
Mayor Ferre: Se eee now c., the ne::t item, which is item #8. 365S S.W. 25th
Terrace. The 'Zoning board by 5/2 denied the pecition for a variance. There
were five (5) written and five (5', oral ebjecto.rs. The applicant is Alfredo
Trespalacios and the Planning Department recommended a "denial".
VARIANCE REQUEST
PERMIT WAIVING OF REPLATTING
Atty, Melvin Asher: 1850 S.W. nth Street, Miami.
Mayor Ferre: All right, Mr. Asher before you proceed, are there any objectors
present? ARe :.here any objectors on item fF8. One, two, three, four, any other
objectors on item #8 ? Do the objectors wished to be heard? You do wish to be
heard. ell right, Mr. Asher, if you would present your case and then we will
hear from the objectors, then from the department and then from the Commission.
Atty, Melvin Asher: :r. Mayor, this is a appeal from the Zoning Board decision
to deny the application for a variance. In my opinion, not as an attorney, but
as a oerson, a citizen of Mi:-.ii.. i don':: think that the variance should have
been denied_' in the fires :lace. `eel th e '_t' very easy to just say no and
4 i' :. c. -_. r� = . h . g' v t r. reasons because
. 'r� "_ ... �s _ ;t _ �.r_ _ cc and � .•�_ .` e why
of i::.:. . i ee - t:. _ rt , ie the -" ..` y c r.':. Tr. C.a:_ t&se , crie nally , three of the
rlemuere t eee v t... in. :. r Lila' '_'our were against and then on
a secon..'. vC "_ _ -c.wo voted 1cai::::t. It was on the record because
I reed ene :eco:d. wasn't at •.,._. ere ;.r: I :~.eating of the ;Manning Board but
j+.r, ei'ver'sne, wi'.c _ won't evee :: ow, re7e:enc the record, he set the case.
We hr7 _ hire .. situ -;,ion of property :oe,.. 30 x 120. XOw this area is zoned for
a two family residenceand we're not lccinc to build two families. We're lust
looking to bui1e one -family resider =eon a 30 x 120 property, which is 3,600 f I .
The minimum: :oo'`s e required is 4,000 eeefe. and we have the p ans in the file
that the one-f::mily house will be 20x75 which will be a 1500 ,q.ft. house. We
have the required set -backs are more than 20 feet in front ani more than 20 feet
JUL 1 1976
in the back and we have 5 feet on each side. My client intends to build a two -
bedroom, two bath house with the living room dining room and a his family room.
The neighbor, who is on the left or the west side objecting the most was the one
that purchased the 10 feet of this property about 20 years ago which is the
reason why the property is only 30 x 12C therefore, her property which was 40
x 120 is now 50 e 120. At that tine, ..le, ixuilt a duplex and the duplex that
she built was questionable of ,,!hr_ter + replatirg at that time and here
distance from the cide'_ine iz ocal- After we build this one -family house
we would still will have 5 feet on each siCA, .Ind we would have he regnired
set -back in the front and in the rear. And, there's no question....
Mr. Plummer: Why don't you want to repiat?
Atty.Asher: We just want the other one -family residence that which ---
Mrs. Gordon: A question to you, the owner that owns the property now is the
same owner that sold the 10 feet?
Atty,Asher: No.
Mrs. Gordon: It's not the same person that sold the 10 feet.
Atty,Asher: No, it's not the same one.
Mrs. Gordon: The person who owns it now or has a contract to purchase it?
Atty,Asher: The person who owns it now, ownz. it.
Mrs. Gordon: The person you're representing is the record owner
Atty,Asher: Is the record owner of the property, yes.
Mrs. Gordon: Are they the people who wish to build on this property?
Atty,Asher: Yes they wish to build on it, yes..
Mrs. Gordon: How long have they owned it?
Atty,Asher: I understand about 7 or 8 months.
Mrs. Gordon: When they purchased it didn't they know the problems that the
lot was undersized, that maybe they would have a problem in building?
f, Atty,Asher: I don't know. I didn't represent them at the time when he purchased
the property.
Mrs. Gordon: Well, they must have had sore---- when people buy something they know
what -- they check it out and find out what they can do with it.
Atty,Asher: Well, that's true except that bearings have been granted in the past
and for lots smaller than this. We do have 3,600 feet. If we had 4,000 feet ,not
only could be build the one -family we can build the two-family and all we want to
do ----
Mrs. Gordon: I have an interesting question to ask and maybe you have the answer.
The previous property owner who owned it more than 8 months ago owned it a year
ago. Are they a neighbor on eigher side?
Atty,Asher: I don't think so, but I don't know. I don't know.
Mrs. Gordon: Is your client hare, can you ask?
Atty,Asher: The persons from who::, he bought the property are thy neighbors on
either side? No, the person from who he bought the property is not a neighbor
on either side.
Mr. Reboso: I think it's very easy with what we have in front of us. You said,
there is 30 feet.
Atty,Asher: The lot is 30 x 120.
Mr. Reboso: Ok. Either we let him build a single family reside,
oe even though
L 3
JUL 1 1976
the lot is R-2 or on the other hand the lot has to be vacant for life. lPa as
easy as that.
Mrs. Gordon: That really Manolo, because somebody made a mistake because a
legal description says lot 7 less. It do? n't say lot 7, block 12, it says
lot 7 less these 10 Feet. So therefore, it is on a part of the lot.
Mr. Pli.:ai : Yea. but Ros chat i''an io is t ying to say if he doesn't get
he bou',bt a lot that substandard,ifhe doesn'tget permission from this
Commission the lot can never be built.
Father Gibson: Yea, but J.L. --
Mrs. Gordon: Yea, but he knew what he was buying 1 assume.
Father Gibson: Let me tell you this. What bothers me - they unloaded that
lot on that man. That's what disturbs me they unloaded the lot. And, I want
to go a step further. I happen to be a priest of church that bought a lot .
The lot is 75 x 120, what happened is the rnan unloaded the lot, a piece of a
lot. The other piece we bought. Do you what we're doing. The man wouldn't
sell to us ,end I'm iust like-- I'm there waiting patiently, he has 60 x 75
and I'm sitting there waiting patiently until the time comes ar.d I'll tell you
what I'm going to do I'm going to be raising holy hell if he tries to rebuild
on the that 60 feet lot because he bought it knowing. And, I think that's
what these people are concerned about.
Mr. Reboso: Father, but he has a lot on both sides of his property. He has
large property built already.
Father Gibson: Yea, but - ok. So, he has lots built on both sides. Are they
his?
Mr. Reboso: No, no, let me tell you he's willing to comply with the 5 foot
set -back. It's the same set -back as everybody, tne block regarding of the size
of the lot.
Father :;-ibson: Well, all ri`ht, let's ask this, what about the house? You see,
you have to also remember this once he builds a house with x-number of rooms
and ::number of feet, that house is not as salable. Now let's remember that
coo!
Mr. Plummer: Let me ask this question, does your owner own either lot 6 or 8?
Atty,Asher: No, it does not.
Mr. Plummer: So, he's not psyching then to offer him to offer him another piece.
Atty,Asher: He owns lot 7 less that ease 10 feet.
Mr. Plumper: He doesn't own on either side?
Mrs. Gordon: I think we should hear from the objectors Mr. Mayor.
Mayor Ferre: Everybody's going to have its chance today,ok. Now, Commissioner
Reboso.
Mr. Reboso: rlr. :iayor, this is an R-2 lot 30ft. wide and its built on both sides
of this lot we have houses so we have to dec__de here if we let this man build an
R-1, a single family reside. or we deci,_e that, that lot is `oing to be vacant
for life. Now, the pro,lem is this t lore's _ lot of lots in th:s city 30 foot
wide with a �n'e f;=_r..ily rLs{.c_ntt, '_at •r. i/ problem is the sub -division took
place 195. _ ( su[. -. ivi_sLin. Look .?lacQ vefore 1946 Le doesn't
probie:: a: have any
Mrs:Gordor.: It'U not the same thing Manolo I beg to differ with you respectfully
so the difference is this is not a platted lot of a 30 foot size. This is a
platted lug o:_ a 40 foot size. He don't own all of it. That's a big difference.
That's tremendous difference.
Mr. Plummer: Did part of 7 go to the owner of 6.
Mr. Reboso: Rose, as long as he's willing to comply with the 5 foot set -back he's
J U L 1 1976
not going to be as closer to the neighbor like anyone with a 100 foot Lot that
wants to build up to the set -back.
Mrs. Gordon: Respectfully, I'd like to hear from the objectors and then we can
see whether we feel the same or differently.
Mayor. Ferre: Yea, we're going to do am:. All right, Counselor, we will now
hear from the objectors and then wc'I1.i;lvc' you time for rebuttal and then we're
go back to questions, all right? 0hjec:_ars, name ;1nd address please.
Mr. William E. Little: 3664 S.W. 25th Terrace. I've lived in ;his place 29 years
this coming November. I've seen their lots go 40 foot lot for a building, 40 ft.
lot for duplex, 35 foot for a house and now they're going to b;-ing it down to a
30 foot and I would like to know where it's going to stop. I .1so have a letter
here from a neighbor who couldn't ---
Mayor Ferre: Give me that I'll submit it into the record. I'll read it into the
record after you finish your statement.
Mr. William E. Little: It says a lady next door Mrs. Mathis tlat owns a duplex
lot 10 foot and Ms. Guillermo who owns two 40 foot lots. It at. bought by
another person and she bought it from him. And the owner before this person here
sold it as a unit of 70 foot. And, I don't know where it got split up. But I
intend to find out how this come about. I knew before the deal was closed they
were planning to build a duplex and a house on it before the deal was even
closed. Thank you.
Mayor Ferre: All right sir. Let me ask you how long have the owners owned this
property?
Mr. William E. Little: About seven or eight months ago.
Mayor Ferre: Let me read this letter from Mrs. Hestler. Dear Commissioners,
I am writing this letter in ?rotes_ to 'biding on 25th Terrace, only three doors
from my home. We have a great nro711ei :7. our street with parking and the density
of homes too lc;; . This is n oc a l:a:-d, hip case as I au sure he knows what he
bought whe . :hea divided the t'ao lets ar 3 the sizes and sizes. A hardship case is
when you have held a lot for some years ..Ind they: the zoning is changed that is
a hardship case. This has been a ,;:ooleai on our stre^t ever since they started
to build. So; et .mcs tfnt2y start very eal.ly in the morning. I'm sure if you have
had someone who has taken pictures of the lot you will see what it will do to
our neighborhood. Thanking you. in advance. Mary iiestler. It says my brother,
A.W. Lummis will represent me as this meeting. Thank you, A. Lunanis, & Edmond
E. Vickie, husband.
A.W. Lummis: Sir, they live across the street at 3665. My parents bought the
property in 1929, it's been in the family ever since. And, I know quite a bit
about this case here.
Mayor Ferre: Are you part of the famous Lummis family?
Mr. Lummis: No, mine's is is there's is us. I believe and I are
cousins back in Engl-nd about four generations ago.
Mayor Ferre: All right, that's close enough.
Mr. Lummis: It's been pretty well covered what the situation is as far as the
platting is concerned but after my parent: moved in there the Guillermo's
bought the two lots 7 and (I don't know the number of •t1 ` ,r one) whether
it's 6 or 8, Lut the one --- Lailt a _ittie over there and
lived there until Mms. ;2.3rs ago. The property was sold
the couple d'voiced and than chi, d:r;_ng their lifetime sold off the
13 fee,: on tile east. ier:y .Qa.: building estimator. I don't
believe yce kno,: the--- Thcy o;f 13 feat in t:.e east during their
gtW &.$ and it's away oa back there. hen yen the couple divorced the little
A on the then. 70 feet was so:.a an, building --- lot clear and then
there's where the situation cha_z '. It war .n application made for a duplex
on the other lot 7 which miEht be 8 cr <; and they got the building permit but
at the same time there was aro.:her ao lic. Lic,n made for a building permit for
a single family in another r.oc:e. .'7.4, : don't now what happened there but
it looks to me like one person_ bought the 70 fnetrazed the building, intending
to use the duplex site for 40 feet and unloaded the 30 feet on somebody else.
And, they started the footings for both buildings and my sister called the
a7
JUL 1 1976
inspection department or the license department and reminded them that was 30
feet and they immediately cancelled the permit for the single family residence
and that's it come into the Zoning Board. These people well knew when this
property way; bought or sold during this last couple of years and the whole
transaction has been within si,: or sever. months, that this property was not
a buildable lot. W at they could 'have dcne was build a very, very nice quality
duplex a 70 folt z=.n,i done a. good _;c= -If it, Done sornethin?, for the neighbor-
hood, i.:at...^d r, _ dc..,, the !:_ ,ncco:. hs such as they are now.
When m 51L.;tar aJ' cn Tti.. ch won't he Lco many years, She hes two 40 foot
i�
lots across t':?e street which of course will be duplex's. Then 's be anywhere
from two to six or even eight cars over there. That's what yol get on that
street. Thank you.
Mayor Ferre: All right, are there any other speakers in oppos,_tion?
Your name and address for the record.
Mr. Jimmy D. O'Higgins: I live at 3625 S.W. 26th Street. 0n our street and the
next street where they're building this property, I just think it's being too
crowded. The building of this duplex and building it again on a 30 foot lot.
I've lived on my street for 35 years. Time has come where there's too many
duplex's are jamning these streets up. There's parking. You i.an't get down
street. They don't have the room. So, when this place is being build, then
it's sold, the builders built it and then he sells it rentals and I find out that
during the time there's always from two to three families are :.iving in these
different places and crowds up the street and we have a nice neighborhood. Every
body gets their property up, but I just reject them building on a 30 foot lot ,
a single 'some.
Mr. Plummer: What do you suggest he does with it.
Mr. O'Higgins: I'd say no. I'll say he can't build on it.
Mr. Plummer: Well, what's he going to do with it. He's bought it and he's
paying taxes...
Mr. O'Higgins: All right, then he bought something and he have went to lawyer
and found cut what ha's buying on a 30 foot before he bought it.
Mr. Plum':..:-: Do you think it's right for a city to say to a man sir you bought
property but you can't use it?
Mr. O'Higgins: ?deli, then why didn't the man go to a lawyer and find out first?
It's was supposes to be zoned for two.
Mr. Plummer: Sir, I':.: not disagreeing with you. I'm just saying that here a
man went and legitimately purchased a piece of land, ok. Now, he has this land
he's paying taxes, what can he do with it?
Mr. O'Higgins: Ail right, the:: rh.1 gentlemen who's bought the land should re-
fund the mercy that h2's building for single home for. Give the gentlemen his
money basil. If you go and buy so,nethin7, --•- here's what I'm trying to tell you
if you tiou' _ have }. :yer to tell you what you're doing and somebody goes and
sell you a bill goocs it's taking the money away from somebody. I don't think
that's right. What do you chink?
Mr. Plummer: I'm just trying to find
Mr. O' Hij,g ins : Yea, tha[: ' s ---- I've always found that if I arcs going to buy
some real ._stare I'd ;,o anu fat a lawyer fi._st as i find out what I'm doing,now
i this !man didn't have a law er and this man weat ahead and whsever sold this
f,_:tt 'CO tr.i:. Saar. and dies:',: back it u? and how are you going to build on a
30 feet.
Mr. Plummer: It has been done.
Mr. O'Higgins: It's been done but it's time these got to stop because you're
putting duplex's right up against people.
Mr. Plummer: Unfortunately, I see both sides.
Mr. O'Higgins: But why should you take advantage of somebody else. I don't
believe in that. I've been a man all my life and lived here in Miami and have
,JUL iisqg
bought my home and we got a nice neighborhood there and people keep them on.
I m very proud of the place there. Thaa place here is going to he about that
room from that woman's back door. Do you think that's right? I don't think
Its right.
Mayor Ferre: Are there any other objectors and then do you want to rebuttal.
now or you want to Listen to all the objectors. All right -
Mrs. Raush: 3680 S.W. 25th Terrace. 1 don't think I can add anything that
the gentleman haven't spoken before. But I do think the zonini laws should
be upheld.
Mayor Ferre: All right ma'am thank you. Anybody else? All r:.ght. Name and
address for the record.
Mr. Armando Gonzalez: My address is 1701 S.W. 13th Avenue. I own lot 116 and
I agree with the petition.
Mayor Ferre: You're the immediate next door neighbor on one side. All right.
Mr. Gonzalez: Yes o,t one side.
Mr. Plummer: Yea, he's got the extra 10 feet.
Mr. Gonzalez: No, no. I have a 40 feet lot by 120 feet.
Mr. Plummer: Who's got the ext-a ---
Mayor Ferre: Lot 8. Is lot 8 here?
Mr. Plummer: Well this map shows 6 got it.
Mr. Gonzalez: What I think is this.
Mrs. Gordon: It shows green.
Mayor Ferre: Well, he's for it.
Mrs. Gordon: Are you speaking for? You're in favor of it.
Mr. Gonzalez: Favor of, because what I think if everybody -- I mean, we have
the right to build a duplex on 40 x120 feet.Why something is wrong in this
lot for now than before that they the lot was platted 40 feet. I don't
see why they have the right to buy 20 feet if :they're platting a 40 feet. I
think the lot has to be 40 feet because that's a regulation of the city. Some-
thing wrong on the lot but something is wrong from before.
Mrs. Gordon: You have 50 feet, right?
Mr. Gonzalez: No, I have 40 feet. 40 feet there you can build a duplex.
Mayor Ferre: He didn't get the extra 10 feet. The man on the other side, lot
8.
Mrs. Gordon: Well, who's got it? Will somebody point on the lot exactly where
this man is located?
Mayor Ferre: 6 to the left of the yellow piece that lot.
Mrs. Gordon: Ok, the other side has 50 feet, the opposite side, right.
Mayor Ferre: Lot 8.
Mrs. Gordon: Ok.
Mr. Gonzalez: The man has a right to do something with the land.
Mayor Ferre: What can you do with that land while we're on the subject if
this is denied?
Mrs. Gordon: He can plat it. He can go for a plat. All this application
says is the waiver of plat. Go plat it.
JUL 1 1978
Mr. Gonzalez: It's another thing that 1 See
Mi. Plummer: No, Rose there's no platting, what you're going td plat tt
Mrs. Gordon: To replat.
Mr. Plummer: Bat you can't build.
Mrs. Gordon: I: it's a platted lot he can. He's got to plat ic. I'll tell you
something J.L. It sets the precedent here.
Mr. Plummer: That's what I'm saying you can't plat. You can't build unless you
get permission from this Commission. That's what T_ said before. The only
permission this Commission can give is whether to build or not to build, that's
it.
Mrs. Gordon: Oh, both parties are still speaking and I hate to inject my thinking
at this point. I'll wait until we've heard all the testimony.
Atty, Asher :I'd like to say something. First of all, the neighbors that are
here that are objecting to the application for a variance, the are people that
have been living a lone time from 20 to 40 years in the area ar.d there main obj-
ection is that they don't want to change. They want the neighborhood to stay the
way it is. The property to say the way it is. They don't mine if somebody is
sitting there with s 30 foot lot as long as it's not their lot. I mean, these
same peopl._ chat are objecting, if they had the same situation what would they
be saying today. And, cumber two, as for as parking there's no problem because
I was on the street myself and it's a residential area , there'd plenty of place
for parkin;;. That ic a rural 40 foot lots and single family residence and it's
no problem ;,arking. ic's not a commercial area. It's not a multiple dwelling
arec and nudfJer three, the City of Miami wants to assimilate the construction
business 1-:a gone down in the la.nt few years. I think that's it's very
impel -sae: t :•_.t 17,,v allowing the bi.:ildir.; of one family residence you're putting
nonce bees_...o construction. Tz.xes _ l ce :ai.1 to the City and the County,
vhici in 1. mc� ic_..:.1. Another tEinL . lea -in,; the lots vacant people start to
throw ^ar s:e ,_:.c waste . It bccc7.-2:: sore in the neighborhood and there's
no reason a new one family re:. i_de::c._ Trot be built provided we have the
required set -backs in front Lnd the ices End the rear. That's my statement.
I•ir3. Gorgon: Were you finished with your statement sir?
Mr. Gonzalez: I don't think it will be a problem with the parking when you go
to gat the set plans to build a single family you have a driveway and you have
to have parking right inside the lot.
Mrs. Gordon: You're not speaking agairat it anyway, you're on the same side.
Can I speak to the owner of the proper'ey, +. J.'aat to asic hit: a couple of
questions? Sir, can you tell me you purchased the property relatively recently?
Hr. Trespalacios: I don't speak English too good.
Mrs. Gordon: Well, .soak as good a:., you can. Did you purchase this property
recently? When di; you buy the property?
Mr. Trespalacios: Around 7 or 8 months.
Mrs. Gordon: Did you check to see if you could build on it? You just bought,
you didn't check?
Trespalacios: Yes, the buyer tells ma that before up to now you can make
.� house...
:ors. Careen: You didn't go to a 1ati.ye _•, yo:1 didn't ask anybody. You went right
to the person. 'who owns the property and you bought it direct from him.
Father Gibson: Let me ask a question? Why didn't you ask the owner why he
hasn't built on it before now?
Mr. Trespalacios: I don't know never before ....
Father Gibson: Look, you know,..
Mrs. Gordon: Are you a builder sir?
3d
'JUL of§
Mt. Ttespalacios: No.
Father Gibson: Sir, 1 know this is unfair to you. You may not understand this
way we do, when you decide you want to build you find out what it is zoned for
and you find out what could go on there. Now, I want to make sure you all hear
some things I have in my mind. Troia people-- people say they don't want no
chance. It is also true that the cec:,le all around there who have 40 foot lots
have a right to assume that those 40 foot lots will be honored.
Mrs. Gordon: You know, we are not in a position trying to be marsh on your
client or your clients. The reason why we must be very carefu. in all our
zoning decisions is because we set precedent. Let me give you a for instance
why this kind of an application worries me. There are any numters of properties
around this time that are built on two lots(two 50 foot lots) ;_iving a total of
lets say 100 feet. Where there may be an encroachment on the st.:ond lot, whatever
number of feet and that part is slivered off from the other p;.rcel and that
remainder piece is sold to somebody who doesn't go and get advice from counsel
prior to purchase, who doesn't go and check to the public records to find out if
he can build on that piece of property, but buys a cat in the lag and then ask
for us to deteriorate the City of Miami because of those mistaLas that were
made. Now 30 foot lots as everyone well knows are not appropriate sidewalks to
build on. Even 40 foot lots are not in today's concept of building appropriate
to build on. So, in my opinion there was a mistake made by the gentleapdin
purchasing the lot but I don't see that we can rightfully be a pardon, or rectify
his error. He should have consulted you before purchase.
Atty, Asher: Well, this is the reason why we have an application for a variance
mr if the City Commission just wants to say, well the law says you have to build on
a 40x100, there's no reason for a variance error. I live in a townhouse. I have
a 30x60,half the size of this property I don't have claustrophobia and this is
not a condominium development 1 own this house outright. There's no problem, I
mean --
Father Gibson: Yes, but see you don't you live where they live.
Atty, Asher: This is a very good area.
Mrs. Gordon: Excuse me, you understand the example I've seen you the precedent
setting or posture that we would e ^lcing the city in if we granted this kind
of an c_pplicat:ion. We would i::_ve to g.a7:t it again, again, and again. The courts
rule that if s preceder.z has ecr ac that from that point on they have legal
grounds for doing it again and again.
Atty, Asher: I think these cases staid er fall or rise on it's own merits and
this case we ought to have a prime if we're only looking to build a one -family
and it's a two family zone and wa lave the required set -backs the front and the
size - that's all you need 5 feet, the i17on.t and back have more than 20 feet.
Father Gibson: Ok, let me ask a question. Let me talk with the building depart-
ment then. Mr. Ferencik, this man builds a single-family :welling cn a lot 30
feet wide and 120 feet deep, ok, what's to say that this man can't add on to
that house later on?
Mr. Ferencik: Well, as long as he stay within the set -back line he could add
to but I assume you could add a condition to his request that he couldn't make
it into a duplex.
No, we couldn't I:everer_: because plan s are in the file now for
a 20x75 feet .::3C Reverend with 4 sr: br. z: _,_ 2 . and 23 feet w.:ich covers the
complete 13.0 I .., :, :sass's _.o plain puL a7.1 aud.itic n to this house, there's
no root:.. 1.e nave like a _wo foot var._'.cz 1:rem c' e front set -back and the rear
set -hack. There's nothing else that we can put plus the 5 feet in either side.
Father Gibson: Ok, let me ask this question , what is the normal size for a
single family dwelling? No, no, two, a Single.
Mr. Ferencik: No, no, a two -bedroom, single-family residence would have to have
a minimum of 650 feet ---
Father Gibson: You know, look, ok, let's don't -- you know I get amused --
all of the lots in that lot are 120 feet deep, isn't that right?
Mr. Ferencik: Yes.
'JUL 1 1976
Father Gibson: Ok, that was the zoning - the developer went. Now, you know,
you understand what I'm talking about. I want to compute with.. don't tell me
about depths, because you know you could have a sub -division where there's a
depth of 100 feet, isn't that right?
Mr. Ferencik: Yes.
Father Gibson: All of the lots of that area on that particular section are 120
feet deep, isn't that right?
Mr. Ferencik: Yes sir.
Father Gibson: I hope I've made my point Counselor.
Atty, Asher: Yes sir.
Father Gibson: Ok.
Mayor Ferre: All right, you want to speak again. I'll give each one of you a
minute to rebutt and then you can wind it up and then this Commission can make
a decision.
Mr. O'Higgins: Mr. Mayor, I'd like this gentlemen here if he's the gentlemen
who bought the little frame house and torn it down?
Mayor Ferre: What little frame house?
Mr. O'Higgins: The one what's on the 70 feet for 40 and 30. Al right, then
you are building the duplex? Are you a builder by profession? Are you building '
the house for this gentlemen? You're not building his house for him? I heard
you do.
Mrs. Gordon: Did you sell him the 30 feet?
No,I didn't.
Mrs. Gordon: You sold it somebody else who sold it him?
Mr. O'Higgins: Let me ask the question first I was up here and --- I'd like
to know who he sold the 30 feet to and what he represented to be if he represented
to be a building site or he said now wait a minute before you buy this you have to
find out whether you can build a ho:::e on it or not and whoever he sold it to I'd
like to know if it thct person, if it's a diff,_rent person sold it to this gentle-
man over here and said watch out now you may not be able to use this, you're
putting money into something you can't use. I'd like to know if the warning was ,
given if not somebody's bought something they can't use and should not be allowed
to.
Mrs. Gordon: The gentleman that owns a duplex would you please come to the mic-
rophone. Are you the man originally own having interest in this property at all.
No, I bought 40 feet lot by 120 by Inter -American Realty.
Mrs. Gordon: I don't care where you bought it.
That's where I bought it there.
Mrs. Gordon: But did you own this piece of property at one time?
NO 1 didn't. I didn't own that piece of property. I own a piece
of property now.
Mrs. Gordon: You own which one now?
. I own 40 feet by 120.
Mrs. Gordon: You never had an interest in the one that's before us?
NO, I have no problem in my lot.
Mayor Ferre: See, the question is have you ever owned lot 7? Have you ever
had an interest in lot 7?
197fi
: Not in lot 7.
Mrs. Gordon: You never owned it and you never had an interest? What was the
gentlemen referring to the frame house?
Mr. O'Higgins: He didn't understand my question or he answered it wrong. I
asked the question did he own the 70 feet on which Mr. HUD was torn down?
Mrs. Gordon: Which included this 30 feet.
Mr. O'Higgins: That's before he answered first.
Mrs. Gordon: That's what I'm asking him and he's denying it.
Mr. O'Higgins: He evidently didn't understand my question or Fe --- but I'd
like to know who bought ---
Mrt. Gordon: Ok, Mr. Mayor, I'm going to move to uphold the planning department.
Mayor Ferre: All right, there's a motion that the planning board be upheld.
Father Gibson: I'm going to second the motion.
Mr. Plummer: Under discussion I gotta get back. Sir, did you originally buy
70 feet?
Mr. Trespalacios: No I didn't I bought 40 feet. The owner was somebody, I
don't remember his name, probably he remember his name.
Mr. Plummer: How long did you buy your property?
Mr. Trespalacios: 7 or 8 months ago . I bought 40 feet. By somebody who
owned the property. I bought 40 feet and he bought 30 feet.
Mr. Plummer: Well, I see what's happened now.
Mayor Ferre: See what happened is zomebody had 70 feet, knocked down the house
bought 30 feet, you bought she 40 feet, he bought the 30 feet. The other man
wants to do something on hie property. 1 need to ask you a question, what can
you do on that property if you're densad?
Atty, Asher: We can't do anything beceuse he'd be stuck with a vacant lot and
he'd have to pay taxes on and it was money invested in the purchase.
Mayor Ferre: Well, when the owner of the property bought it 7 months ago did
he know this? Didn't he know this?
Atty, Asher: I don't know. I didn't represent him at that time and ---
Mrs. Gordon: MOtion on the floor Mr. Mayor.
Father Gibson: Since we're discussing the motion Mr. Mayor, let me tell you
what bothers me . This is the thing that bothers me and God knows everybody
will tell you as of today I've always been the guy -- let's understand, let's
understand, but you know what bothers me you. know I think that we ought to also
understand the other side. A man in this day and titre. This is an enlightened
age. A man who buys in this day and time needs to understand what he could do
with that property. Let me ask this Commission something, if that same man
comes in here and says I want to :gut a :tore there, what would be oer reaction?
Do you know what we're say "Hell no". tin:: for ma tc ,e:Y ,:::at as a clergyman is
very unusual. i vr:intain %hat w. neec the word so arcund in th:.e time
that people croper.y -Ast b2 people who are trying to buy.
And, people who r a buying nezc tc be __...':hten_. I just get 60 tired of nil
of this --- you want me to sympathize, beautiful! But by the came token when
I don't let my emotions run away with my good sense I hope nobocy will get
angry with me either.
Atty, Asher: Reverend we don't want to put any commercial property. We're
looking to put a one -family on a two family zoned area.
Father Gibson: I understand my brother, that's why I'm going to vote.
3,3
JUL 1 1976
Mayor Ferre: All right, we'll wait for •c moment. You want to say one more
thing?
Mr. O'Higgins: This gentleman over here said hr bought the piece of property
and didn't know what was going on and I knew before the deal was closed that
they intended to build a duplex and a house on the 70 feet. I did where the
dividing up the 70 feet coma in. This men here evidently Nought his 50 or
40 from that man over there and that scan said he never seen a lawyer or any-
thing but still he h Ad the plans for the i.1p1ex and the c'_nble family house
on the 70 foot lot and I knew it before the deal was closed. Thank you.
Mayor Ferre: A11 right, call the question please.
Mr. Plummer: The law says buyer beware. He wars not aware. Ant. his recourse
is not in this Commission to a man who sold him a lot that he couldn't use.
I vote yes.
Mr. Reboso: I think he's entitled to use of his property and I vote no.
Mayor Ferre:
I vote no. The matter is upheld 3/2 . The item now rests.
The following motion was introduced by Commissioner Gordon, who
moved its adoption:
MOTION NO. 76-640
A MOTION TO DENY PETITION FOR VARIANCE FROM ORDINANCE
NO. 6871, ARTICLE IV, SECTION 11 (1), TO PERMIT WAIVING
OF REPLATTING OF LOT 7 LESS E10', BLOCK 12; SILVER
BLUFF HCMESITE (8-101), BEING 3658 S.W. 25TH TERRACE,
IN CONJUNCTION WITH THE CONSTRUCTION OF A SINGLE
FAMILY RESIDENCE AS PER PLANS ON FILE; ZONED R-2
(TWO FAMILY).
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Rev. Gibson, and Mrs. Gordon
NOES: Mr. Reboso, and Mayor Ferre
ABSENT: None.
JUL -1 197&
12, PERSONAL APPEARANCE DADECCCUrNTYLSCHOOLIBOAE RiANNER
CLOSE N►W► 5 AVE BET,bO ANC 62 STREETS
Mr. Andrews: Mr. Mayor and members of the Commission. I think I can assist
in expediting this. The School Board owns both sides of i.he property and the
entire lot. They plan to build a new school. The have a tentative plat plat
filed. In order for construction to begin at an early date ---
Mayor Ferre: Are there any objectors present on this item?
Mr. Plummer: What about the little old man that they're pushing out of the
crop?
Mrs. Clark: That's the reason we're asking your indulgence in allowing us to
close the street before the platting procedure has been completed. The ruling
made by the judge on the use of Mr. Aaron's or a por.tic,: of Mr. Aaron's property
said that we should start constructic_z iauc,::c'.i.:.ely :r that we could use his
property when we started coristructior. .'..lid, we couldn't take title to the land
until HUD could take title and cue j eLge iivoid let us use it.
Mr. Plummer: What are you going to do push that little old man out of his house?
Mrs. Clark: No sir.
Mr. Plummer: All right, I'll move it.
Ma/or Ferre: Plummer moves. Gibson seconds. Further discussion on item #9.
Call the roll.
31/
JUL 1 1976
The following motion was introduced by Commissioner Plummur who
lived its adoption:
MOTION NO. 76-641
A MOTION OF INTENT TO GRANT REQUEST OF THE DADE COUNTY
SCEnOt ECARD FOR CL:)3I` C: ?CRTION OF N.W. 5TH
AVE [JE, WHICH :ES LET L2:\ , :H AND 62ND STREETS.
£. B ECT TO APPRC7p.L OF TENTATIVE ?LAT NO. 965 "EDISOI.
SCHOOL SITE ADDITION NO. ONE" BY THE PLANNING AND
ZONING BOARD ON JULY 12, 1976 AND BY THE CITY COMM-
ISSION ON JULY 22, 1976.
Upon being seconded by Commissioner Gibson, the motion we:, Teased
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
13, APPROVE APPROPRIATIONS
FOR FISCAL YEAR 1976-77
Mr. Plummer: I move JO"A".
Mrs. Gordon: I second it.
J U L -1 1976
DEPARTMENT OF OFF-STRET PARKING
Mr. Plummer: Let me say for the record that the items which I questioned in
their budget they did bring me satisfactory answers and that's why I'm willing
to go along tod.y.
AN ORDINANCE ENTITLED -
AN ORDINANCE APPROVING APPROPRIATIONS FOR THE
FISCAL YEAR CG:S_ENCING OCTO"ER 1, i976 AND
ENDING SiLP T ENBER 30, 1 ? i % i:' THE DEPARTMENT OF
OFF-:TR'EL_ PP cKLNO; CO-iiTe.IYINC A S VER'BILITY
CLAUSE AND REPEALiNJ ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH_.
Passed on its first reading by title at the meeting of June 9th
was taken up for its second and final reading by citle and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Gordon, the
ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre. NOES: Nona. SAID
ORDINANCE WAS DESIGNATED ORDINANCE NO. 8559.
The City Attorney read the ordinance into the public record aid
announced that copies were available to the members of the
City Conmlirsion and to the public.
JUL 1 1976
I
.JUL - 1 1976
14. APPROVE APPROPRIATIQNNS,7
FISCAL YEAR
AN ORDINANCE ENTITLED-
FQBGUSMANERATHALLOAND rOLYMF IA BUILDING BY THE
DEPARTMENT OF OFF STREET PARKING
AN ORDINANCE APPROVING APPROPRIATIONS REQUIRED
Y THE DEPARTMENT 07 ^ ' - 3 T 7 " PqR{ING FOR THE
0?I RATION r._N-L G: S'?: uN :ALL AND THE
OLi?'LP Ir LIiLL✓?
I �� OFOF .ILANI FOR THE
i �!:L' CITY
FISCAL YEAR COMMENCING GCTOBER 1, 1976 AND ENDn3
SEPTEMBER 30, 1977; CONTAINING A SEVERABILITY
CLAUSE AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH.
Passed on its first reading by title at the meeting of June 9th
was taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Reboso, the
ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre.
ORDINANCE WAS DESIGNATED ORDINANCE NO. 8560.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the
City Commission and to the public.
NOES: None. SAID
CHANGE ZONING CLAS I F I CAT I ON
it AMA, ORD, 6871- NE'LY 99,50 FT, LOT 9, D,B, "D"-253
3495 MAIN HIGHWAY
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZO,11c0 OU`.=CE FOR THE CITY OF
MIAMI, BY CHANG?i'G THE CLASSIFICATION OF
SITE KNOWN AS NC:'LY 99.5E FEET OF LOT 9, D.B.
"D" - 253, UNPLATTED, BEING 3495 MAIN HIGHWAY,
FROM R-1B (ONE FAMILY) TO R-1 (ONE FAMILY),
AND BY MAKING THE NECESSARY CHANGES IN THE
ZONING DISTRICT MAP, MADE A PART OF THE SAID
ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2 THEREOF ; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT; AND CONTAINING A SEVERABILITY
PROVISION.
Passed on its first reading by title at the meeting of June 9th
was taken up for its second and final reading by title and adoption.
On motion of Commissioner Gibson, seconded by Commissioner Reboso, the
ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. P'_ummar, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Fe:re.
ORDINANCE WAS DESIGNATED ORDINAIICE NO. '561.
The City Attorney read tLe ordinance into the public record and
announced that copies were available to the members of the
City Commission and to the public.
NOES: None. SAID
JU,L i1.1976
,3 7
JUL 1 1976
JUL - 1 1976
PROxj EMPL„Zc!i1
YEES EMPLOYED WHO THEREAFTtR BECOME POLIAN
16, OR t' 1 KLMMi1 SHALL AUTOMATICALLY BECOME MEMBERS OF THE
RETIREMENT SYSTEM
Father Gibson: I want to say this again, I hope we serve notice on these employees
and on the retirement system. Two things are happening that 13m not at all
pleased win. hlen we want something core they always talk about we have to
negotiate then. You k-:ow, th!e i:, t. -r, _ Ftreet and the other thing that bothers
me :L2' and I .hink all the members of .;:i.3 Ccr,ar.;scion ought to be aware of it.
We're getting ups a 19 million aollar suit slapped at us by song of the same people
who want us to go along conveniently with these kinds of thing too. So it's a
two way street and not a one way street. I hope everybody und,2rstands that.
Because I'm going to speak to this later on.
Mr. Plummer: Father, ok,let me just speak to this item that we're on right now.
This item does not benefit the employees at all. This is an i:em that benefits
the Administration and the Board for clarification of about three or four different
employees, so it does not benefit the employees, this particul.ir item,
Father Gibson: You said three or four employees, how many employees?
Mr. Plummer: Father, this is three or four employees who find themselves in a
very unique position at one time in their city career of being transferred from
thQ G.E.A. side to the police side or vice versa and this clarifies that only.
That's the only thing this here does.
Mr!;. Gordon: I second the motion because this is as you explained.
Mr. Andrews: Then for the record the emolument that they received for the time
that they were a general employee is not retroactive in terms of their new servic%
in police or fire. Is that what we're saying?
Mrs. Gordon: Right.
Father Gibson: Let's make sure we understand that.
Mr. Plummer: As I recall you are correct but I'll have to check that out.
Mr. Andrews: That it is not retroactive.
Mr. Plummer: That it is not retroactive. This is to clarify their status.
Mr. Andrews: In other words, it an employee is with the City of Miami for 10
years as a general employee he transfers to police or are, renains with them
for another 12 year. until he becomes 50 retires with 22 years service then 10
years are calculated as a general employee and 12 years as a police or fire
employee.
Mr. Plummer: Unless ha exercices the option of buying which he can do.
Mr. Andrews: But then he would pick up an emolument for that...
Mr. Plummer: Yea, t,'it he's paying for it.
Mr. Andrews: Yea, but he would pick up an emolument on the city side.
Mrs. Gordon: Yea, the city would have to contribute.
Father Gibson: That's the thing I'm talking about. `_'et when those people come
here they're hard nosed as hell with the Commission, isn't that true? Right!
Then you know we get so lovey-dovey.
Mr. Piumner: Taey can't plc. It el) at all?
Mr. Cena I don't believe so Mr. Commissioner. And, Father this thing
has been hanging for two years. It's Lust a clarification thing. Nobody giving
anybody anything.
Father Gibson: Listen to what Mr. Andrews said.
Mr. Plummer: I stand corrected Father. He said that they cannot buy it back.
34?
7/ 6
JUL 1 1976
Mtg. Gordon: The example was Stated. The answer was in the negative, tight,
ok. 1 seconded the motion. Any rurth..r discussion. Call the toll please.
AN ORDINANCE ENTITLED -
AN ORDINANCE :ti'IMIN3 TE NIAMT_ CITY EMPLOYEES'
RETIREMENT SY_TEZ :;C. 2230, DECEMBEI
6, 193c, AS .d'y,:'::)Liu, AS .iFPEARING IN CODIFICATION
FORM AS A PART OF CHAPT:::t 2 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, BY
PROVIDING THAT EMPLOYEES WHO ARE SO EMPLOYED
ON THE EFFECTIVE DATE HEREOF AND WHO THEREAFTEF
BECOME POLICEMEN OR FIREMEN SHALL AUTOMATICALLY•
BECOME MEMBERS OF THE SYSTEM, AND BY PROVIDING
THAT EMPLOYEES PREVIOUSLY APPOINTED TO THE POSITION
OF POLICEMAN OR FIREMAN MAY ELECT TO BECOME MEMBERS
OF THE SAID SYSTEM ON THE EFFECTIVE DATE OF SUCH
APPOINTMENT, AND BY PROVIDING A METHOD OF COMPLTIQG
BENEFITS FOR THOSE MEMBERS SO TRANSFERRING HEREUNDER;
ESTABLISHING THE DATE OF DECEMBER 31, 1976 AS THE
DEADLINE DATE TO EXERCISE SUCH ELECTION; F.EPEALING
ALL ORDINANCES, CODE S.:CTIONS OR PARTS THEREOF IN
CONFLICT, INSOFAR AS THEY ARE CONFLICT, AND CONTAINING
A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of Juno 9th
was taken up for its second and final reading by title and adoption.
0n motion of Commissioner Plummer, :ctcnded by Commissioner Gordon, the
ordinance was thereupon 'iven its second nd final reading by
title and passed s-d adopted by the i; i:c ring vote:
AYES: Commissioner ::a::olo Ret:osc
Commissioner 7. P:e►:; :. , Jr.
Co::.mi :.one. (Rev.) :.eoaore Gibson
Vice c.`yo r i'os _ Cc:d,in
Naycr. ' errs. NOES: None. SAID
ORDINANCE WAS DLSIC;NAI1D Oe.::I'vrNc:,:: NV. 8562.
The City y.: torney _ aE.d ordinance into the public record and
announced that copies were evadable co the members of the
City Commission and to the public.
JUL -1 1976
17, INTRODUCTION OF MR, MANSFIELD OF THE MIAMI HERALD
Mr. Plummer: Madame Vice Mayor, before we get into item 11i3 which I think the
Mayor definitely wants to hear. I would like to taite the opportunity at this
time to introduce a :.:an sitting in the audience, who is Mr. Bill Mansfield, who
is the new city editor for the Miami Herald, Vac in all of my years of public
office is the only man wino ha.s taken the time cc come end _rit with -I assume all
of you. I don't i:now about at, yat :3 toca t:i time to come in and sit down
and spear; with me. He had been with the :I:=rcic in Tallahassee for many years
I don't know how many and he i.s now down .z_ City of Miami working here and
I for •one just waat to eLpt i my ac..areci. ion zha: he too:: his to come to
my office to si._ down a..td•• ._1JCU3J City and city _. iness with me. And
•
it shows to mc'.: :i` thc int_rest in the City of Miami and I
thin:: he shoulu he introduced ::it .hi.', time.
Mayor Ferre: We welcome Sill...
Mrs. Gordon: Mr. Mansfield would you address us for a minute or two?
Mayor Ferre: Well, I'll tell you the last time I say Bill I was up in the
Tallahassee and he had a crew haircut ...
Mrs. Gordon: You're Urban Affair Senator.
Mr. Plummer: All right, I stand corrected.
39
JUL 1 1976
Mayor Ferte: Well, we're happy to have you bete.
Mrs. Gordon: Welcome. Welcome aboard and we're pleased to knowthat you're here.
Thanks for telling us we didn't even know.
JUL -1 1976
CITY MANAGER TO MEET WITH O,B,COM,MIltEr
PROPOS=D AGRE= -'�T TC DISCUSS MATTER OF CLOSED MEMBERSHIP
18' e n.Na BOWL CQ MITTFE — OF SAID COMMITTEE BASED ON ETHNIC BACKGROUND
Mayor Ferre: Let's take up item 13"A". Moved by Gibson.
Seconded by Plummer. The Manager recommends.
Mr. Reboso: One moment Mr. Mayor. 1. am sure I think today is not maybe the
right day because people -- since I mentioned in the papers today, the Orange
Bowl Committee a mad Interpretation can take place. But I think that going into
a 15 year term contract actually a 20 year contract with the Orange Bowl Committee
for one dollar a year at the times when we negotiated with Miami -Dolphins, I think
is not the right time.
Mayor Ferre: Well Mr. Andrews I called your office with a whole series of
objections and perhaps this might be the time now that the matter is befcre
us with a motion and a second for you to answer some of the objections that I
presented.
Mr. Andrews: Mr. Mayor, and members of the Commission. The first item that we're
talking about is a contract dealing with the Orange Bowl or the Annual Classic
Football Game, it is rented on a basis of 10% of the gross and follows the ordinance -
and I might add that last year it produced more revenue to the City of Miami for
that one event than three Dolphin events. Some $71,000.
Mayor Ferre: That's not saying much. It's Haying a great deal for the Orange
Bowl, but its not saying much for the Dolphins.
Mr. Andrews: :hie is a term of contract for 15 years with two additional five
years options and it nakee other provisions which provide for the use of the bowl
including personnnel, ushers, ticket ta:.ers, ticket sellers, which the committee
provides o: t.._. user provides eed the c:Lt`, 'arovldes all the other event personnel.
It makee prov" since for arrc_.:;Lmcnts foe peel:lac,. It provides concessions in that
the city retains all the revenue:; from concessions and control of the concessions.
Mayor Frre: ;:r. Andrews we've read the document and we know what the document
says. NOw the question is . Crouch is here. I called up Mr. Crouch and I
gave him and I gave him a list cf quest?.ons. Do you have those? Mr. Andrews
or Mr. Crouch, either one, would you repeat the questions that I asked you by
phone and perhaps you might want to answer them?
Mr. Crouch The first question the Mayor brought up was the need for an escape
clause regarding the term of the agreement s•o that if the city uomewhere down the
line decides to use the property in some other different way than for a football
Mayor Ferre: Suppose ..e wont to build a new stadium like :fir. Robbie wants us to
do and then what happens?
Mr. Andrews: We would have to work with the Orange Bowl Committee under this
commitment for the transferance of that function.
Mayor Ferre: I want to cover that in this contract now. Not later.
Mrs. Gordo::: Don't you think that we have to negotiate and perhaps buy back
our ot.n a; recr_et:t?
Mayor Ferre: That's correct and that's exactly why I object to it. That's one
objection that I have it's got to be put right into this contract. L don't want
to negotate in the future. We want tc negotiate now. All right, what was the
sec. ,nd thi :L? Leek, Paul, it's a very simple thing. Just a simple clause if the
City c: r__: et any time wants to demolish the Orange Bowl for any purposes that
we can give the Orange Bowl Committee one _ear's notice and that the rest of the
contract, chcy have a contract provided t,Te have a stadium. Now, if we don't have
a stadiu:a tiny c..on't have a contract. 'uld, it's just that simple. That's a
clause we put in. I'm sure it's acceptable to them. It's something that we put
for example, when we deal with property. The Mc Allister Hotel or the whatam$jig
y0
JUL 1 1976
property they have a lease as long there's a building. 'I'he mome►t there's
no building they don't have a lease.
Mr. Andrews: Ok. 1 understand what you're -- L thought you were getting Involved
in an area of transferring of rights and so forth.
Mayor Ferre:
No Air. All right, that wag one point.
Father Gibson: Mr. Mayor, in that same vein. Lim glad you brought that up.
You know, that's part of the problem you have with Merrill -Stevens you remember
that.
Mayor Ferre: That's right.
Father Gibson: Right! and we need to be watching these kind of things and not
hooked into these things forever.
Mayor Ferre:
This is in no
negotiate for
and an actual
That's why we all have the obligation of reading these things.
way of casting any shadows on the Administration's ability to
the city. But I think that we as elected officials have a moral
responsibility of reading these documents too in which we do.
Mr. Crouch: The second point that the Mayor made was regardinf the quote from
the existing ordinance about the rates that would be charged. That he had indic-
ated and desired that those rates be spelled out in the agreement itself.
Mr. Andrews: The difficulty with that is if the Commission should make any
provisions for adjustments of rates either way upward or downward and I want to
remind you that there was a commitment made here by the Orange Bowl Committee.
The Shrine Group and the University at the last meeting and this is reflected
in the minutes. That when it was adjusted from 15 to 10% the Commission noticed
the three groups that should there be a need to raise the percentage to 11% or
12% because we want to provide the Crar.ga Bowl with improvements that the
Commission had that flexibility.
Mayor Ferre: I've got no objections of building inflexibility Mr. Andrews. My
point is that in this document it should not be an open end figure that we should
have a specific figure that re state. Now you can also add a clause that we would
be willing to negotiate an increase: in the future should something be forthcoming
that the general users of that will be paying more. But I don't want to leave
something open ended like that.
Mr. Andrews:
Mayor Ferre:
Mr. Andrews:
But, it's not really opened up. It's a cover for the ordinance.
Well, you tell me how --
See, it's already covered.
Mayor. Ferre: Oh, oh, I beg ycur pardon. Look, and let me make just a general
comment here. Now Mr. Andrews please don't take this-- don't get upset about this.
You sent us a document. I read the document. NOw the heart and soul of this doc-
ument reads like " The coaml=.ttee ahail pay no t o city the admission's tax prescribed
by the ordinance of the city as presently contained in Section 39-20." Now, I'm
Mayor of the City of Miami and I_ was not privileged to receive a copy of 39-20
and you expect me to vote on something wichcut which I haven't had the opportunity
to study. Now, I mean I'm not a rubber stamp and I don't mean to talk this way
but I mean it gets to a point where these important documents cone to us and I don't
know perhaps in the past people don't much care and they vote on these things, but
I'm sure that this Commission is concerned. If you're asking me to vote on this
I haven't seen 39-20, so that's what I'm speaking ts en this.
Mr. Plummer: N:it minu.: let ;rye as'.. i c,uet _ion. The wording here in no
event may the anu:_st. on to pay3'.:1 --ncreased beyond 10%, however...
Mayor Ferre: Well, look I'm just o.itlioing my objections. Gene I'm not trying to
knock this thins; out I'm just s.z"ing that I think we've got to understand this
because this is rot something that we're doing for one year like we've done in the
past. Ye'ra dcin,.! this for 25 years.
Mr. Plummer: Yea, but this agreement, yea, but you make a good point. This agreement
here is that it can never be --- I'll make a motion this matter be deferred.
Mayor Ferre: Wait a minute! Before we defer it please, and I'm going to recognize
� � JUL 1 1976
Commissioner Reboso because T think he has an important statement to make on this.
I want the rest of my questions read into the record so that they can be answered.
All right, what was the next --
Mr. Crouch: The next matter that was discussed was regarding the T.V. clause
that was in there. it provided for the city to do certain things to accommodate
national televising of the events at the °ranee Bowl, but it did not indicate
any return to the city from the revenues that would be received thereabout.
Manor Yeree: You know, that's very nice that we're going to g,_t the percentage
is covered by 39-20. But suppose 10 years from now or 15 year: from now CBS is
willing to pay a million dollars for the rights for 100 million people all over
the world to see this Orange Bowl Classic and we're not going :o be able to
participate in that? I think we ought to be able participate and I think if
there's any revenues coming in from the television rights that I think that the
City of Miami and the people of Miami who will put up that stadium and make the
Orange Bowl Classic something feasible because we have a stadium ought to part-
icipate. I'm not saying what percentage we ought to get. But I see no reason
why we who are the owners of the stadium and own the stadium shouldn't get a
major portion of that. That's not covered in here. Ok. What's the next one
you got?
Mr. Crouch: The other one was the guarantee that there would be no less than
70,000 seats available for the event.
Mayor Ferre: Well, suppose now -- you know what that does, suppose now Mr. Reese
and Mr. Andrews have both come up before this Commission with a proposed plan,there's
the architect and engineer, Mr. Kunde , is that right, weren't you involved in that?
Mr. Kunde and his(I'm Dulling it from memory) reported that for us to put chair -
back seats for the whole stadium which is not recommended we would only end up with
54,000 .eats, chairback. Now, to ;et the 54,000 chairbacks you're going to lose
10,000 seats. This document would loci; you up. You would not be permitted to do
what Mr. Kunde has recommended and what this Commission has gone on record voting
for.
Mr. Andrews: Mr. Mayer, now they did not recovmend that. Nobody recommended as
yet.
Mayor Terre: Mr. Andrews, I would li'_t._ to remind you (and you correct me if I'm
wrong) that there woes a presentation made by Mr. Reese and that presentation was
exco.,tcd by this Conxnissicr.. It was voted upon un`ninousiy and this Commission
as of today stsnds on rt cerd with proceeding; , :_th that project and the only thing
that's stopping us is that we have not (you, the t:dministration) have not come
ba<:k with a funding program. Now, I'm rust pointing out to you the basic inherent
contradiction between what's on record on this Commission and this document which
says we will guarantee to the Orange Bowl 70,000 seats.
Mr. Andrews: There in no conflict Me. ;iayor. You're arriving at a conclusion
that hasn't been reached yet. What Mr. ::unue and his Associates prepared for the
Commission was alternate plans and cost for implementing those alternate plans
that goes all the way frog:: 80,00G down ;;o some 60,000 and gives the price for
each one, thet'e up to the city and the users to arrive at a conclusion as to the
number of chairbacks and eo forth. Didn't recommend that you reduced the Orange
Bowl ...
Maycr Ferre: Paul, that's not my point. ?.Mat I'm saying is that this document
locks us into 70,000 scats.... Weil, but 'one point is I don't see no necessity
for us to be lockec in with a legal document that just for one game once a year
is going to lock us for years. Something that in my opinion we may not
necessarily- have to give up. I'm just saying that I don't thii_k (Gene you follow
:nc) w:: c .' n try_'_ng i:o . av that I'm vguying, about you. I'm worrying about some-
body 10 es ii ears from na, �r_c •. _. _ .! niter the Orange
'�- � �' � yowl to improve
aNi scr 5o :,,o' _ ittf.n.c. in your place 15 years from now may
va_ey nrbitrer" .a:' ?._ . The coi7.::ri.ct :: taat you've got to maintain 70,000
seats and we're not ;icing to let you do it. And, then legally we're tied,see.
So I think tha_'s something that we ought to have some flexibility with. All
right, Mr. Crouch, anything else?
Mr. Crouch: ?he other item had to do with item B, of the parade, the freight
cost and the 20 year commitment on the parade...
Mr. Andrews: Let's wait until we get to that Mr. Mayor.
JUL 1. 1976
41
tyot Ferre: Well, I wanted to talk to that. All right, at this tithe ii11
recognize Commissioner Reboso who has some questions...
Mr. Reboso: Mr. Mayor, I just want to mention that I think we're very fortunate
to have an institution like the Orange Bowl Committee in the city. They are doing
a tremendous job for this community. Bat, Father Gibson has mentioned in the
past with people dealing with the cit, 17hinf•. some minority presentation should
be contemplated by this in the ftr_ore Tayhc it's a coincidence what this is
also a .`.act that the four of toe.. 1-_ ;1 t912::.be s that sits in this City Commission
are r.iroriti_:i. A Woman, a 31ack, and two Latins and out of a 138 members of
the Orange Bowl ---
Father Gibson: How many?
Mr. Reboso: One hundred and thirty-eight (138) members. It's only one Latin that
was appointed this month and I don't know if any Black on the Orange Bowl Committee
and fifteen years ago that was fine but today'in 1976 I know it's nothing we can do
because that is a private institution but it's dealing with the city right now and
asking for a 20 year contract.
Mayor Ferre: I think it's a valid question and it's a question that goes back ...
Mr. Andrews I would like for the( I guess it would be City Clerk to go back to the
year of 1968 and get the minutes of a statement by then Commissioner Irwin Christie
which I seconded the motion on this very same item with regards to opening up the
Orange Bowl Committee to participation of minorities). I think this is a long
recurring theme which keeps coming up before several commission and I think its
a matter that must be addressed. I think it's a valid question.
Mr. Plummer: All right, where do we go from here? Let's make it deferred and
let these items go back and be hashed out and come back with the answers. I'll
make the motion.
Father Gibson: As the maker of the motion I'd like to withdraw. I'll Like to
withdraw the motion and just defer it.
Mr. Plummer: That's what I'm paying.
Mayor Ferre: Let,re make this point, which I think needs to made. I recognize
the tremer.dou:, Pr--7hat the Orange Bowl has in second and third generation in
Miami in serving on the. Orange Bowl. I recosn. e that it is a source of eminent
pride of the: ccmradshir tha_ exists. The exclusive nature of this committee that
has served this cctmuu_'.:.T well. They use. tc make yearly trips to New York and
Chicago. I went on several of them. I a_ ..s tr.ise. I think those are great
service to this cotnnunity because people had th_• opportunity tc get on a train
and be locked up for 24 hours tal ki nL:. Son fa.;lows pia-; Oe did a little bit more
gambling than they should cf or a :.ittle more drinking than they should have, but
most people really -- it was an opportunity for people to talk about community
problems. Now, I think the Orange Bowl Committee is one of the main institutions
here and if this were the Biscayne `_'acht Club. The Biscayne Yacht Club is diff-
erent from the Miami Yacht Club. Th. 3_acayne Yacht Club owns its property and
doesn't use public property. They've sot a right to do whatever they want there.
The Miami Yacht Club on the other hand is on _iar.i City property and therefore
we cannot look upon the Miami. Yacht C:Uo in the sane war as we look upon Biscayne
Yacht Club. N w, the Orange Bowl Committee dealE with asaets belonging to the
people of Miami that inclu;ies all the 7)ecle. Therefore, I don't chink that
they can afford to ignore the ethnic and community make-up. That doesn't mean
that we don't recognize the tremendous value cf th= Orange Bowl Committee
past years and I hope in the future. They've brought a great honor to this community.
Televised, Ernie Seiler has been terrific and now the new director is doing a
fantastic job. We get millions of dollars of free publicity. lt's a great
booster to the economy of this ci.". 1.1 Inv.-. n_. cual-:a wit,, that on the contrary
we have noth:r.: but o.t_.tuae. Bit :: -_ c - =': underlined seep philosoph-
ical mic. tip:. -.hat r st it ws., time long
a o i:tJ:. . %is 1'.. _. r:) be . 3a',_rame Ccu: t and this is the
Ni%on s1]: rer_ _ _ ;oirt as a very %7.7ote I think yesterday in the
Washington It'o. t or ':he New York :". toot. I crgat rihich. He said this is amazing
that the Nixon courz has c,a,-::z rui_.7,3 t~: .4:ii it has on important basic items.
For a:-.a_:rp:. a ra zently : u,. on this, -.es tier. of the right of private schools
who c::etude :*Lr.ber.. of cthe: rc.cee. until now that's been the law of the
lard. NOw, wa rave a supposedly cc nL:er;: _rive supreme court making decisions of
that nature. `"hat I mean to say by al: of that Gene, is that its a new day. Its
a new day, it's a new'age. One last stLtement it's very important J.L., I think
its a lot more--- we spent an hour ant .a half on a 30 foot lot and I don't mean
to impose and please forgive me, but if we can spend one hour and a half arguing
1/3 JUL 1 197R
about a 30 foot lot we sure as hell can spent a half an hour taking about something
that's going to affect us for 25 years. Now, 1 just want to male one other state-
ment on this. I was up in Washington on a platform committee a couple of weeks
ago discussing several items and one of those items was a change from the 1972
platform in an open debate and the man in debate my opponent there was asking me,
he sand, well I would like to know from the Mayor of Miami if it was good enough
in the 1972 platform and if that's the way it was then what would make it different
today? And, Ty, answer to 'hint was four -:ears that's the difference. And, we live
in a ccunta.. and a _ eciety ehat i:. c`,..: and I think we've been-- Irwin Christie,
anybody remezi: er Irwin Christie, he had a bid; todo about that he ratted and raved
and all tee end then we went there.. there was a major confrontation, the committee
and all of this and everything was worked out. That was 1968-1.-69 and here we are
again and it isn't going to go away.
Mr. Fannotto:
Major I'd like to have about a minute if you d,in't mind.
Mayor Ferre: Well, I will give you that time after Mr. Fannottie
Mr.i•'annotto: Sure.
Mr. Gene Autry: I happen to be serving as President of the Orange Bowl Committee
for this year 1976, our Bicentennial year. So I would like to answer some of that.
(1). The Orange Bowl Committee,Mr. Mayor is well aware of its responsibilities to
this community. I think we have discharged them over the years certainly to the
benefit of the community. As the members of this Commission as well know, no one
on that organization receives any kind of commemoration. I'm talking about the
actual members . They are elected for life and it's therefore a very long time
before chanes are made. It's not the normal organization where the person is
elected on the committee and then is moved off it in just a little period of time.
The people that are elected onto to thin Orange Bowl Committee are people that we
think, the members of the Orange Bowl 20 z ittee think and of course help the
community beet_L-3e that is one of the: ee:.mary reasons that they are even considered
to be on :he grange Bowl Committee. Its not for their own gain or not for their
own 'we':. are but for the welfare of thie area and I challenge anyone that can make
a statement. The Crane Bowl Committee is not demonstrated that year after year.
Mayor Parre: C,ene, please, I want to max:= sure that there's no misunderstanding.
I completely subscribe to every statement you've made and I don't think anybody on
this Commission would ever disagree. T think :.ou people have done tremendous amount
of good fo:: the community. That's not gnat we're talking of.
Mr. ::ene Autry: _ unc.eratanu. Secondly, addressing the fundamental question that
you're speek.'.:ng of the Orange Bow_ Committee is than i.ng. _. an: not myself aware
of the meeting thee,: you're talking about with Commissioaer Christie at that time.
However, I know tnat the committee itself ;.s changing by the fact that I'm president
shows its cnan;;ine in the respect that T. am not a second generation member of the
Orange Bowl. This is the first Autry that's been or. 'the Orange Bowl Committee
maybe the last one 1 don't '.morn. but the point I'm making is that we are changing.
We are recognizing the make-up o;: the City of :Miami and Dada County and again because
we are community minded citizens that are well aware of our community and are
sensitive co in. We are changint;. We do have Jec.'i h members, we have a Black
member, we have a Cuban member, a Latin-American, Mr. Panteen. As Mr. Reboso has
said maybe we're no changing as quickly as some people would like us to change
but we are and we are aware of the change. One iast point, we have negotiated in
goo faith with the City Administration. They and us recognize that in negotiation
of this sort that it's not to anybody's benefit unless it's to the benefit of the
people of nc«s community. ode have ncn been negotiating and trying to gain an
advantage aver one side or the other in _ay belief. I believe that we are in good
faith. Tried to help tr.e pecpie of t: is ca:nmunit'?_ A long-term contract has been
for reasons that ‘ere stated of *taking imprcvenents t0 the Orange Bcwl Stadium
pnd in ors ar tc make these :.tlpro\'rner.ts. In ardei ..o be able tc finance them and
move .. l:'� .. L.it.! V� ^ :..:' I_; C_a':r_. .__.'_X:?h 2GJ1:1: for years.We have
..0 C .. _ �i1a •'.
aaecc_n.,,t._e hed .year to year contracts
for many ear:; 'Lh'.. J :he stedium, . _ ' c . ...ry1nto do again what will
benefit th. r`^ple in this coniz,2.rnity. will benefit this city and this county.
So, we are before you. We'll try to answer whatever cutstions we can but I assure
you that our interest is the same as your interest and that is for the people in
this area.
Father Gibson: Let me ask two questions or maybe three. I'm pleased that you're
talkine abcut 15 years. The people who want to lock us in for 30. You know so
you represent refreshment. You know what I mean. You president one of the big-
gest outfits around, maybe the biggest. Ok.
Yy
JUL 1 1976
Mayor Ferre: Its 15 with a 5 year, isn't it?
Father Gibson: Fit even so Mr. Mayor, that's 10 years less than. Ok. Now, let
me ask -- I'm a little troubles by this lifetime thing, because people don't die
too often, ask Plummer and myself. We're In thr business of burying people and
people don't die hut so often..
Mr. Plummer: What do you mean we?
Father Gibson: Well, you know I conduct the funerals, you put them down/and
that kind of bothers me. It seems to me that since we're ta..king about these
years that lifetime is a little difficult. I serve on the trustee board of a
college with a man who was complaining that he was on the bordt.r bank and he got
a hundred dollars a meeting and they after so many years, you 1.no,a, he had to go
and he was complaining that God, that $100.00 was his spending money and I didn't
say anything but I was saying to myself I need to go at the alter and pray God,
thank God, those people were moving you know and they didn't want imperpetutiy
and the third thing is I am not envious nor zealous of a certain member of your
committee. What disturbs me is he is so far away unless you cage him and if
this is Miami I want to tell my brothers on the Commission that I find it a
little difficult to deal with a man 300 and so odd miles away :-epresenting
kind of me on the committee. Now whether he says he represents me or not,
my brother he does. Now he doesn't say I'm Theodore, but the fact that he looks
like this black on me tells me that he's there and he gives that instead of being
white makes that pure little gray. You understand what I'm talking about. I'm
disturbed about that. If you understand what I mean. Well, yea he understands
what I mean. You may not since you're the new president, new chairman. He
understands what I mean. You understand what I mean don't you.
Mayor Ferre: He's talking about tokenism.
Father Gibson: Look, you know I love Brother Simms, you have another brother
around there is that right?
Mayor Ferre: No, just one.
Father Gibson: See you don't Jake Gathor --
Mayor Ferre:
city and --
Yea, I know who Jake Gathor is you all gave him the keys to the
Father Gibson: And all I'm saying is I love him. I realize all the contribution
he has made. But you know Jake aint here and we're friends. I don't want any-
body to misunderstand that. I just want to make sure you understand where I'm
Or coming from.
Mayor Ferre: Gene, so that we don't limit this just to black and white situation
because I know that Father has that feelings and Race and we all share this together
as concerned about the fact that women are involved or not involved and Manolo
and I are concerned about latins and so en. But let me and some of you have
heard me say this before so I apologize but let me say this you 1<now, I've been
reading a book and I recommend it you it's aboet 1924 convention democratic party.
The last time the deouocratics met in New 'fork City at the Madesc n Square Garden.
It lasted 16 days and there were 103 ballets eefc>-e the nomTer, a man by the
name of Davis was selected , e complete urknowa and Jennings. William Jenning
Brian's brother was the vice presidential nominee. Now, let me i.ell you what
happened in that convention. There was a man by the name o,'. Al :smith a great
Governor of New York, probably one of the greatest politicians America has ever
had an enlighten leader. A Lan progressive, way ahead of his years, the philos-
ophical father of Franklin D. Roosevele, ae was the guy that reall» made Roosevelt
in a w:ky and he ,.:-os a che‘:^ing for of tee Unite: States everybody know
it. The Repub' ician were .., '..an by the name of Calvin
Coolidge '.od he.T, us, who «ra of the Uri`eo States. He hadn't been
elected he urns; st like our Pre:,:.de n.d, he had fallen into :hat spot. There
had been a scandal just like water,7atc: :.as then called tea por dome scandal.
The Republicaan ?Lrr_y was divided. ;s no question that the great Al Smith
Governor of New ".o_k was going to be p__>a ae_,t and it started to bog down and on
the third day of the convention ch:-y startcd to talk about sensoring the Ku Klux
Klan and that was defeated. And, after that for the next ten days the arguments
for ten (10) had nothing to do with Al Smith, all they were talk ng about was
whether a Catholic could be an American. That was in 1924 and 1, took until
1960 when along came a man by the name of John Fitzgerald Kenned: , who squeaked
JUL 1 1976
by with 100,000 votes to become president of the United States. Now, in that
case it took from 1924 to 1960. Now, I don't think that we have to rush into
these things and that it has to be done tomorrow but I think that the Orange
Bowl and the reason I mentioned Irwin Christie is that I think its important
the document here that this subject matter has been discussed right at this table
I was sitting over in that chair. And, it just happens the irony of history
that the ;;an who brought the subject for _scussion was sitting right at that
chair, right there and he said the veey sa _ cc=_ng this ran is just saying.
}?a $. is the very same thing add %C« _euee:_: a htiy, so back to the newspaper,
get your file_: out and see - that w a major headline, Christie blasted the
Orange Bowl and the whole thing and we went into a big rigamort and after that
they kind of quieted down and decided and it kind of went away, but it didn't
go away.
Mr. Autry: Well, Mr. Mayor, again our bylaws are in noway discriminatory.
Mayor Ferre: I'm sure of that.
Mr. Autry: They are in no way exclusionary and so ---
Mayor Ferre: I'm sure of that too. But there's always a difference between the
jurors and defacto you have fifty members as I recall you're limited to fifty.
Mr. Autry: Fifty active members.
Mayor Ferre: And, since Irwin Christie made his protest in 1968 I would guess,
I'm just guessing. Eight years have gone back I would guess that at least of
your current members have been appointed. Excuse me not fifty, twenty-five.
I would guess that in the last eight years at least half of your members have
been appointed. I'd like to know that. I'd like to know since that discussion
in 1968, how many members have been appointed and I think that we're dealing
with something that must he addressed to Dublicly. You're dealing with city
property. You're asking for a co-:t:-aot with the city. You can say well you
don't ask the Dolphins 1,'r.ct c` e make-ub their ownership is why should you
ask us? v 11, there'c a Ji; erence ':cu're _. quasi semi-public body. And,
thert_';c:c `'cu have a o asi '_:hica1 maza . cons-:deration to be accounted for,
it seem:, to me I may be wrong and it may be none cf ::,y business but I think
it is my business because _ think this is the public's business. NOw, that does
no. riean that I ::on't thing we should hava a contract. 1 happen to be a sub-
scriber to ._ . ocntract with :he Orange Bowl Committee. Paul, I recognize the
bargaining doe. ecetaoniic _:.c,:ortar_ce of this ear the other contracts because this
provides a vechicle for us to improve t:_a Orange Low1. I want to do that.
I want to co thet and I don't think frankly from what I can read or what Joe
Robbie go around saying that this or anything else is going to make him --
you know, every man marches to a different drum end dances to a different tune.
One thing that I'm fairly certain about Joe Robbie besides the fact that he
doesn't march or dance to our tune or drum is that he doesn't march to the drum
beat of logic. And at least as we see it and if he hasn't done it so far I don't
see how he :ping to start ail of a sudden co become a very logical person he's
gotten obseEsion with something and I really don': think that this contract or
ten contracts like this is going to make that muc:: of a difference. Where I do
completely agree with you ant. I think we really have to be careful and I recog-
nize and I think we ..ave to go in that di:ection that if we can get a contract
with the Orange Bowl Committee and several others even without Mr. Robbie we
might be able to go into some improvements. Not as many as we would like but
maybe a few. So, I would recommend to the Commission (1) that we defer this
item (2) that we instruct the City Manager that he answer the questions that
have been asked and (S) that the City Manager and Commissi.onor(well let's make
it the full. Commission and whoever wants to be present to perhaps meet with the
Orange Bowl Counxittee it: they want too to discuss th::r.. otter Ltem of membership
on that coemil tt&e : r:a '..'::eta r _ _ rot its a cio3ed memborsh=a defactor) If they
wart tc r'-ei r�;h=to tel. as that they don't
waot tc ._isc,,: - ::nsl: itca. 'ihet ;of_ that ri ,:-.r.. :rd, po::naps we can discuss
this a.?at.:, at the ne::t Commission meet?.;i„ i:: tea:t acceptable, to the members
r
of the ConJ7_iesicn: Will somebody so :move. :.eboso moves. Gibson seconds.
Further discussion. Erny I'm sorry. I forgot you.
Mr. crny Fannot:to: Honorable Mayor, members of the Commission, Chairman of the
Orange Bowl Committee, Mr. Autry I'd like to say this that the Orange Bowl
Committee `.a played a major part in sha;:ing and building a community of Miami
and all Dade County and I want to honor you in your post that you're going to
represent. You're well-known and very WE11 respected. I'm sure that you'll do
a good job. Mr. Reboso I want you the Mayor and all the Commissioners to know
JUL 1 1976
• 4
that you are elected by all the people in the City of Miami. You represent all
the people in this City of Miami and when you stand before that mtke and say
we don't have a representive of minorities . We don't have the colored or the
Cuban, you should say there aren't minorities because I'm going to tell you one
thing Mr. Autry if you are going to increase the membership to co"er colored
and Cuban and I'm not telling you ,'hat to do I want you to look into the fact
and see if the -e's any r -rezented. I gust don't want this to be a
two-way street and Tell the C;L:hn, cr nothing. Everybody on this
Commission is 'epr'_sentei - is elect<.d ., ail the people. They represented all
the people and let's sto.;) just saying there's only two minorities that should
be considered. Thank you. (applause)
Mayor Ferre: Ok, Erny, I think you make a valid philosophical )otnt and I think
the point is and actually the federal court is ruled for exampl, in the school
case that there has to be 5% for minority to be an effective minority in the
community it must he at least 5% of the community. So if we have 5% Chinese or
5% Italian and I think that there's no question if there's 5% Italian in Miami or
North Miami or North Miami Beach, I'm not too sure how you're going to have to
maybe reach out beyond the city limits but your point is valid. Call the roll.
The following motion was introduced by Commissioner Reboso who
moved its adoption:
MOTION NO. 76-642
A NOTION TO DEFER PENDING FURTHER INFORMATION FROM Tilt: CITY
MANAGER PROPOSED RESOLUTIONS AUTHORIZING AGREEMETNS W':TII
THE ORANGE BOWL COMMITTEE AND ^_ SUBSEQUENT MEETING WITH
THE ORANGE BOWL CMIlITTE2 TO DISCUSS THE MATTER OF CLOSED
MEMBERSHIP OF SAID C0*21ITTEE BASED ON ETHNIC BACKGROUND.
Upon being seconded by Commissioner (Rev.) Gibson, the motion was
passed and adopted by the following vote -
AYES: Commissioner Xanoic Reboso
Ccum ..3 ioner (Rev.) Theonore Cibson
Commissioner J. 1. P"_um er, Jr.
Vice_' ayor Rose Gordon
Mayor Maurice A. i'erre NOES: None.
Mr. Plummer: Are you going to take up "3" or defer that also?
Mr. Andrews: I assumed you deferred them all.
Mayor Ferre: Well, I think the motion really was for (A,B, and C), because I
think they all have to go together, don't they Mr. Andrews?
Mr. Plummer: Basically.
Mr. Andrews: Well, bascially, but they're separate and individual contracts
for each item.
Mr. Plummer: All right, we'll bring them all up again.
Mayor Ferre: Well„ there's some questions that I had on the ORange Bowl Parade,
would you just so for the the record repeat it Mr. Crouch?
Mr. Crouch: The question on the Orange Boy:__ Parade had to do with the cost and
the revenues from the Orange Bowl Parade and the 20 year- 15 anc. 2 year option...
Mayor Ferre: Maybe we can ask Gene or Mr. c Namara whether cr not does the
Orange Bowl Committee make a profit out of the Orange Bowl Paraca, is there a
loss, is it :ivasidized?
Mr. Autry: WE're a non-profit organization.
Mayor Ferre: Let me rephrase it then. Is there a positive cash flow from the
results of the Orange Bowl Parade, period, just the Orange Bowl Parade?
WE11, let me put it another wsy in ti- t five years has there ever been a
time when the Orange Bowl Parade has had a positive cash contribution from the
parade alone.
Mr. Autry: I'd have to tie this with the fact that our Orange Bowl coverage --
our television coverage of the parade is direct result with the game and I think
JUL 1 1976
what you're trying to say is now does that comfy into play. Ndw we do sell.
tickets for the parade.
Mayor Ferre: All right, that's my question.
Mr. Autry: Yes we do and we also have a great expense on the parade
most of the time the revenues from the game help to carry our other events.
L think it w.:uid of interest to yea 'cr you to know at this time too because
the matter of monies came up earlier __gating to the game. Tha.: the national
colleague of athletics association who is a sanctioning body of the Orange Bowl
game and all other proceeds of the game sanction those games on the basis that
all revenues other than direct taxes are split on a 75% to the :ompetiting team
with the other 25% left and that cuts a standard of a pretty narrow margin.
Mayor Ferre: You mean of the revenues after expenses.
Mr. Autry: Yes.
Mayor Ferre: See, that brings up a very interesting point. The competing
teams usually are not Miami teams. In fact i can only -- has the University of
Miami ever played in the Orange Bowl.
Mr. Plummer: Oh sure.
Mr. Autry: Sure.
Mayor Ferre: Several times ok. But in the last ten years, how nany times?
Mr. Plummer: Not any in the last ten...
Mayor Ferre: NOw, in other words, the competiting whether there's Alabama or
whathaveyou they end up getting 75% of the total revenue after expenses, but the
people of MitImi put up the stadium and ^ut up some seats and whathaveyou perhaps,
wouldn't it be nicer if we could have sc:.ie of that money back here for other. ---
and it could be probably :-eir.ted toward other events.
Mr. Autry: Mayor, I have to call yourattention to the fact the big majority
of the people who attend our game are from out of state and they bring into this
community ----
Mayor Ferre: Valid point.
Mr. Autry: And, Mr. Mayor I'd also like to point out if I may ttat the mere
$69,000 that wa paid for the Orange Bowl last year was within a thousand dollars
of the revenues received for the total University of Miami season and to the amount
equivalent to more than three so I think we fairly contribut' to the well-
being of the city.
Mayor Ferre: Don't question that. Don't question that. The question is this,
you know, I can buy with one British Pound ten years a:;o certain things if I went
to London. I_ go now things are different. Well, these things change and I'm
just asking you 'his question. You knoo, we're in the midst of negotiations now
with Southern Beii., know, what was valid 30 year:: ago. 30 years ago, there was
no computers. 30 years ago, there was no transmission of data over telephone lines,
ok. Now, all 1`_ saying is the fact that ue get $69,000 is very fine and I'm very
grateful for that and the hundreds of thousand of people that visit Miami for the
Orange Bowl festivities but my question is as compared to what? you see, because
if you tell me that Alabama and the other competiting teams ends up with 200, 300
thousand dollars don'.: know that they do or they don't and thc:t there's 250
thousand dollars made cn television rights, then you know, you don't account that
I know o, Paul, and correct me please, no :iran'ge Lower Committee uses the City of
Mlar1 . proE:rL a:L" like Soul' o .' i el'_ - . City cf Miami right-of-ways for which
we *,iv: then a-_-a::chise. Now, _ don't know that you give us auditing statements,
do you?
Mr. Autry: Well, Mr. Mayor, we rent the Orange Bowl Stadium and more have historically
paid more for it than anyone else has been paying for it for that one game.
Mayor Ferre: And, that's terrific Gene and I'm not saying that, that's bad..11 I'm
saying is that I'd like to know just for curiosity sake how much somebody else is
getting out of this whole thing, you ]sou, and if you're telling me we're getting
$69,000 this is just a pragmatic decision. The point is if you tell me that we get
$69,000 and that the competiting teams make between them $150,000. I say that's
yl
JUL 1 1975
fine. But if you tell me that the conipetiiing teams makes $456,000 and we're
getting $69,000 I'm telling you that ratio isn't quite the way I think it ought
to be.
Mr. Autry: It's set with the NCAA for the sanction game for us to come down
--- we must pay them 75% to the cczapetitine teams and they bring an enormous
amount of economic dollars or economc. le21 -heing and for one of the better
words into this community at that ti', f. • that festival. In fact, one reason
why we made the contract with the winner o the "Big 8" is because they bring
so many people down to the South Florida area.
Mayor Ferre: Terrific and I'm not arguing ---
Mr. Autry: And also when we wind up our year whatever monies ere left over we
must as a non-profit organization we must contribute them and ve just contributed
money to the inter -city tennis program that is going on this semmer here in this
city.
Mayor Ferre: How much was that by -the -way ?
Mr. Autry: $6,000 dollars.
Mayor Ferre: So at the end of each year whatever monies you hu.ve left
Mr. Autry: We contribute in some fashion to an organization.
Mayor Ferre: Is that public information?
Mr. Autry: Well, I don't know that its public but the tennis organization for
two years running we have contributed to that organization because they are trying
to give these kids tennis rackets and tennis balls and shirts and trying to teach
them how to play tennis and this is one of the things that we try to do to help this
community again. This is absolutely a non-profit organization of people who are
trying, to help this community.
Mayor Ferre: Ok. I think I've made my point...
Father Gibson: Mr. Mayor, I'd like to say this. Sir, you know, I'd like if you
tell ma that sometimes, you know what I :mean? That helps me. Helps me sleep better.
Mr. tutry: Maybe what I ahoulcl do is visit with each City Commissioner and the
Mayor-- in fact I talked to one reporte.• !fast night and I said that I would come
and see Comznisaioner i.eboso cecause obviously the Orange Bowl Committee should be
down hare talking to you fclks and lettin_ you know what we're doing. Maybe, we're
self -a-facing possibly in the respect thatVwe don't try to keep a nigh profile.
We try our best to do the job because we assume that everyone knows that's what
we're doing.
Mayor Ferre: Gene, you see, the unfortunate part is that this very same conver-
sation, this very same conversation has been held several times and I mentioned to
Irwin Christie. Now let me read to you what the Rev. Mr. Graham said when he was
on this-- He said, T took the liberty to send a memorandum to each of my fellow
Commissioners, including the Mayor. It ha_, to do with a statement that was made
publicly a couple of weeks a o before the Community Relations I.oard Forum. AT
which time citizens were risking the questi.on of w:_y we could not get a Black or
Latin on the Orange Bowl Committee. At that time the CRB invited the Executive
Vice President of the Grange Bowl, Ernie Sei1-r to coin. :.n and have them questioned
before the general public and immediately he gaze t-:e hnswer that we can do no
more than the Cit•• Commission tells us ; c:, pir.ced the problems right
. ms
back on our f hcule:,:s. T , ._.� lent <_; tr.;! . and i' outlined .aistor
= � •a..�n ,. i..ed the � Y
t::: :c....; .:. frri ;7, e v_ ,- o i:.rti :3ac-4,z, not oney on the Orange
Bowl bc.. �� ti,• . •_nt:, ;he c . c c. �; �;:.t:;. That whole niato-y was reviewed.
The Pr,,,si . apt ..f the Oran '. ,.F , :.t _:le time and he said that something
would have::. And, the :•a_a through t'ae newspapers that a Black
member i:a0 been n ppo_ni:ed t. -fife boai:tt. That Black member turned out to be Jake
Gates. l ;'inw.y up in Tail hass'ac. ;:ou=.d preclude any possibility of this
man really be-r- affective on a i:oarz: :::at exists way down here in Miami. I held
that this was subterfuge and since tc_c was put up to the Commission we ought to
do something about it. I am o'a Soleri_; but I do know that the conscientiousness
of this board is heavy enough already ,«:_t.d the PBA. I don't think we can carry
another one and I think today we ought ::o if Mr. Seiler is correct, I think we
ought to send a mandate to the Orange Bowl Committee which would say, gentlemen,
vy
JUL 1 1976
find a play, find a black, or a latin or both in the Greater Miami area and put
that burden on the Orange Bowl Committee. The City Attorney sated that this
as antonalist committee and the city commission did not have a::y authority to
tell its members what to do. Rev. Graham suggested that Mr. Seiler be requested
to retract the statement and the press, city cammission was responsibile for the
composition of this committee and the discussion was agreed that the City Manager
would request the President of the Orange Bowl Committee as well as Mr. Seiler
to be present at the next meeting to answer questions. The dace of this was
5-27-71. T:- :'s six years ago.
Mr. Autry: May I answer that Mr. Jake Gathor, who is loved al, over this state
and has contributed much to football is a State Director of th,: Orange Bowl
Committee. An active member of the Orange Bowl Committee toda:', sitting here in
Miami as Mr. Bob Simms. Mr. Bob Simms, who is sitting here in Miami today is
an active member of the Orange Bowl Committee. Mr. Panteen, a latin gentleman
has been elected to the Orange Bowl Committee just this year, ,,ust a month ago
and so we have fulfilled the statement that apparently was made: there. Now,
again I submit Mr. Mayor that we are people who are trying our best to help this
community. We are sensitive to this community and we're not a,;ainst any of the
proposals that you're talking about. We are non exclusive. We have had other
Black people that have been proposed. We have have other latie people that have
been proposed. And, there has been no election as yet but there people are still.
available. There's no exclusion. We have no objection to them being on the
committee.
Mayor Ferre: Gene, I would like to know from the year of 1968 which was the
last one I remember this coming up with Irwin Christie and I'm asking the clerk
to get that date for me to this time. I'd like to know outof the fifty members
how many people have been retired and how many openings have there been. How many
people have been appointed to active membership of the Orange Bowl during that
period of time. I'd like to know. Because I think you might be very well right
there may have been five, or six people appointed during that time and I think
if you appointed one black, and ona latin cut of five appointments that, that
certainly would show good faith. If however, it turns out that there's been
twenty-five or thirty appointments then I would have to question that statement
I'm sorry.
Father Gibson: Let aye say-- I don't want to prolong this . I know Bob, I love
him. I know Jake I love him , but the reason I mentioned Jake is because of what
Black `ol'; have said to me. Tha reason I mentioned is a hella long ways from
Mini that t .ey said end wa find it di _:_coat to interpret to Jake all the
way up inMiami our concerns. I thought I ought to put that into the record so
that the Director and now you're the new President will understand, you know.
Mayor Ferre: Any thing else on this item?
Note: They call the roll again.
19, ORANGE BOWL DISCUSSION ITEMS
JUL -
1, USE BY MIAMI DOLPHINS
AND DEADLINE FOR AGREEMENT
2, NEW SCOREBOARD
1 Nib
Mr. Plummer: Mr. Andrews, a thing came in the mail called Dolphin tickets,
you're heard of that little organization. And, it states very clearly on there
it's going to be played in the Orange Bowl Stadium. And, according to the press
Mr. Robbie's deadline ran out yesterday.
Mr. Andrews: No, that's a misunderstanding.
Mr. rlu .er: That's wait I'd like tc know.
,ir. ... _..eNrr.. :he un,aer: t nding ._s i I've had meetings with Dan Paul during
this n::st .'ee an(_' there's e .ni. unc _.-ste.nd.ing as to the conditions that exist.
The data o` June 30th is set as a d t3 cen-.•enien t to the city that would be
reasonableness in which time t'ee Del::ni .s would respond to us :end one of three
ways in uti_izing the Orange Bowl. it ;.as based on the fact that we had given
them n commitment in writing that the dates would be reserved for the two
exhibition `._:::es in July and August) July 31st and one in August. If the Dolphins
by 10 days preo_ to the 31st have not signed a contract for the evettas subscribed
by the ordinance and we furnish this information to them five months ago. Six
months in advance of the date when they would occupy the stadium with all of the
forms and information which they could follow in order to officially secure those
so
JUL 1 1976
dates. That if they do not sign that and they do not enter into a long-term
agreement. The Orange Bowl stadium is not going to be available to them to play
a ball game on the 31st and we're getting the wording together for a public sign
to be put up at gate 14 to notice the public that it will not be available. Now,
they have to come to the City of Miami with some form of signed .agreement for the
use of the bowl on that particular ever.tT.
Mr. Plummer: Sc in other words, what you're saying that prior. to July 31st which
is their scheduled first exhibition SaTe They have to enter into a contract.
Mr. Andrews: The ordinance provides and --
Mr. Plummer: Whether it's an individual contract long term yearly or what.
Mr. Andrews: Yes, sir.
Mr. Plummer: Ok. NOw, the only thing I don't want to see ... I don't want to see
the people of this community coming down on this commission stating that we have
put them in an awkward situation. You have documented that you have sent them
adequate notice to this effect.
Mr. Andrews: Yes,sir. Including a copy of the ordinance. A capy of the indiv-
idual agreements for all of the events. We went through the trouble of just not
sending them one copy of a potential contract. We sent enough so they can fill
out one for each single event if they chose to do so. We've elaborated on this
to the point that there is no more elaboration necessary. And, then since that
time I have at least written at least three more letters and in one of those
letters at the close of it I pleaded with them not to postpone this decision
making on their part so that there would be an emergency facing the city and the
Dolphins over the use of the bowl.
Mr. Plummer:
by them.
But you made it fully aware that, that emergency was being created
Mr. Andrews: Oh,yes,sir.. I specifically remember the language because I dicat-
ated most of this myself in that I pleaded with them not to create a situation
which would cause an emergency.
Mr. Plummer: All right, I thin. you should go on record today, once again,stating
to them that they have 20 days in which to sign a contract that if they do not
have a contract with the city w:i_:hin days from today that they should be aware
of the consequences and that they have to assume all of the consequences. I think
it would be in order that that be done.
Mr. Lrdre'rs: \o. My indication to ''_. ?cui Gres that we want to just as soon as
possible but the 21st would be the deadldne Cate as far as I'm concerned. Now,
Mr. Paul is in the process for this one uflenc eCtemotine, to secure the bowl on
the basis 3omethinC other :.h .n ::hc erc:ii :.ice wit.':cut a iclee-term agreement. I've
told Mr. haul that ic' a not evailab _e dtries > zec ordinance. Now, the
city administration in :_a a, -"Vices ':o t:.3 City Co=i ;aion .rail not be unreasonab le
about this. The ordinance now as i .s constructed '.'ould require that they would
pay approximately 15% fcr the a::•.:: of the Orange 3ow . If they come to us if an
agreement for that c:e event that provides us with the 10% as the other users are
paying. They're not willing to enter into an agreement.
Mayor rerre: No sir, you don't have that authority Mr. Andrews.
Mr. Andrews: All right, then --
Mayor Ferre: That can only be decided by this City Commission.
Mr. Piu_zrn. : Well, but I 'rant to Lc on record as of today Mr. Andrews that you
notify tnam that there failure to act that they will suffer the consequences.
MR. Andrews: Yes sir.
Mr. Plummer: Ok. I want that fully documented. I want to make one other point.
If you want to talk on that go ahead.
Mayor Ferre: No, no, go ahead.
Mr. Plummer: The other point, where do we stand now, because Mr Robbie, as I
was told, correct me if I'm wrong is the stumbling block for the new scoreboard.
'll/1l' R111rtrapp
si
3UL 1 197R
I think the publics should ktto0 Wild is responsible for us not :laving that new
scoreboard.
Mr. Andrews: Well, the problem arose --you'll have to bear with me I can't explain
this--- you have to recognize that the concession facilities are owned by the
Dolphins now through the lawsuit that was pending and settled in such a way that
they took ownership of the concession, but they have a management agreement with
Restaurant .'Ljsoci:.tes, which 'honor; our ,77-e0,7,ant with them for the concession
right., .._. O__.'_i.; products that might
be adverts ri on _•ccre',t.;arand .;nc ae,.nrt:_.Se s for Stewart & erner were align-
ing these _gyres of advertisements up a prooiem arose in that Wien they sent,the
advertisers, sent forms to be signed by Restaurant Associates :o release this
condition that the prodcut that was now being sold in the Oran,;e Bowl would
continue to be sold. For example, if coca cola was being sold it would continue
to be sold if we got a coca cola advertisement. But that wouldn't be stopped and
other products would be sold.
Mayor Ferre:
Mr. Andrews:
Mayor Ferre:
Mr. Andrews:
Mayor Ferre:
Mr. Andrews:
Well, obviously...
So that was an obvious straight forward request.
Is that what you call it?
Well, it's a straight forward request.
You want me to call it something else, which I think it is.
Well, wait a minute, I'm talking about the advertisers, our sign,
making this request to Restaurant Associates. Restaurant Associates then forwarder
that to the Dolphins and the Dolphins failed to give us that kind of release.
So, --
Mayor Ferre: Let me editorialize it at this point which. is indicative of the
attitude of the man we're dealing with. because it's not the organization.
Mr. Andrews: That caused the advertising people to begin searching for other
peo?1e to advertise that did not have this kind of encumbrance In other words,
if you could ge: an ai.l ins or to advertise those products are not sold
in the Orar.;e Lcwl .io then it clean, that area up and there's no involvement
as far as the concessions are concerned.
Mayor Ferre: And, you know just as well as I do that, that's not going to
happen from a practical point of view.
Mr. Pluin er: Well, let me get to another point that I was told. NOw, maybe I'm
wrong. I was told that the reason that they would not proceed under the agreement/
was simply because that they would not have a long term major user.
Mr. Andrews: No, you'll remer.,ber that was settled here.
Mayor Ferre: This Cora isc!cn went on record. We said, no we're going to fish
or cut bait and you all said let's fish. Lnd, Plummer made the motion and he
said now we're not ^oint, to be around being intimidated by somebody and we're
going to just move on this and we moved. We went of record saying that we were
going to be big boys and girls and that we were going to take our chances.
Mr. Andrews: Yea, and that stumbling block was overcome. There was another
one like that, another condition and that was overcome so it's just a question
of betting the advertising together now and getting it under way.
Mr. Plummer:
o, what is the posture today?
Lnurew.): WL.__, I don't hay... . r, :CAng :f today, but approximately
LWO [e:,L.:,s ago an... _'m 'oe ac to ` t !'ic.7 advertiser this is. The
advertisin: firm ;has mal:ing arrc_: ;er.ent_-• to together with a very prominent
organization in Dace County to aecuce r."he advertising. If this were accompli.ihed
we would be well under way to get -Lin; ahea:.wich contract.
Mayor Ferre: That's great news. Paul, I want to point out something which a
lot of people seem to forget. The ori.&inai contract for the ORange Bowl made
10 years ago, March, was r.ot made with Mr. Joe Robbie. Is that correct. Some-
body else had the contract.
Mr. Andrews: I'm not sure of that fact. You're talking about the basic
s�-
'JUL 1 197A
football contract?
Mayor Ferre: The basic contract was purchased.
Mr. Andrews: Mr. Mayor, which contract are we talking about?
Mayor Ferre: The use of the Orange Lew: for 10 years at the rote according to
Mel Reese he told :^e that, thet c.e ;trt_::t not negotiated with Joe Robbie and
it was not signed with Joe 1 obsie. tiorr. odv else who had a franchise for
professional football even before the !Ic'iphins. 10 years ago.
Mr. Andrews: I'm not sure of that ---
Mayor Ferre: Well, I want you to check that out!
Mr. Andrews: I will.
Mayor Ferre: Now, number one. Number two, the contract was for 3%, is that
correct?
MR. Andrews: About 31% Mr. Mayor on an average.
Mayor Ferro: And, it has been averaging $22,000 a game, is that correct. Now,
this season the Dolphins are going to play nine games. Last season they played
eleven games. Say, it averages ten. So, we I would imagine make somewhat under
$250,000.
Mr. Andrews: $225,000 thousand Mr. Mayor.
Mayor Ferre: All right, now $225,000. The average in the United States which
you have researched according to what you and I have talked about is about 10%.
Is that correct? All right, now the Dolphins have been paying for 10 years an
average of from nine to thirteen games. Leta be conservative. Let's say its
ten games times ten years, it's at least 100 games that have been played. Is that
correct?
Mr. Andrews: That would be reasonable, yes.
Mayor Ferre: Now, if we've ,.een y-ttin7. �22,000 which is 31% and if the national
average hay been 131. :'r_en $sat is ai:ie) thac eratics the average that this point
would be $66,000 '-ather Lhan 22, ehich Leans that if you take and say let's
et s round
it off. Let's give i'lem eho benefit of the doubt. $40,000 times 100 is how much
money.
Mr. Andrews: 50,000 Ls a better figure.
Mayor Ferro: 50,000 well let's say then in the beginning they didn't pay so
much so let's give them a 10,000 break.
Mr. Andrews: 10,000 times 100 ---- 50,00 times 100 is 5 million, isn't it?
Mayor Ferre: 5 million dollars, is that correct? George, you're the engineer
around here that's million dollars. NCw, let me make point blank statement
right now. This community and this city .;as subsidized the Miami Dolphins to
the tune of 5 million dollars. I think it was . great an, gcc. investment. I'm
all for it. I think it was su er. 1`:z glad we ._id it. New, :1r. itr.drews, it's
my understanding, of course, ee. lave no record �i:, :_;.::t tr._s last season was not
that profitable, but that the :revious season *het the owner n.ad: into the millions
of dollars. I don't know whethe_ it ws one o;- ewe millio_i collars, but it was
a very successful sea: on. : Ge know tt .L.. r"sae of foe debt has been paid down
and there was a big debt on thee team are it has :i_._n a f'n anz:lel success.
Again, . _e��eac, 1 dor c. 5 a;. _._. __ 1.1a d" but,
' � 7� I do ;.111nK that
its ice. e . _ rS H :: =c _..,:. _ , . snot
L; _ .. _: _ .., iu:. .......s is he Miami Toros,
this is ci... M.am:_ Dolphins t._a,. c...... _ "_e pz:y scare the snake —up and pay their
fair share. You said that v'.'re r: b, reasonable and go down to 10%. I
(as one ou.: of Jive) Would coecur to . .t provided hawever, that certain
basic c.E�reements woule be me: t. ; c: ; at Like • the Southern Bell franchise. Its
no ::ifferer_ce. They want so -..::thine. •'e .,.t something. NOw, he wants to pay
on a game to game brsis he 15. ..s 7s_nts to do it on a oae year basis he
pays "x" percent, two y.'_are "x"percent, f:A-o years "X" percent, twenty years
we'll 'ive theat a real good break. ,:]_ve them a real deal. But i.f he wants to
go gaze to game as far as this here Cc.,Tiissioner is concerned serving as the
chairman of this board with cne vote. I vote that if he wants to play it one game
at a time then he pays the going rate o:e game at a time. No volume discounts.
S-3
'JUL 1 1976
Mt. Plummer: Well, let me make another point. The thing that upset me was that
a certain individual was quoted on one of the local media in which he said, that
if what the City of Miami was asking,which I can only assume is the 10%,that they
would bankrupt professional sports in this community. Now, you know if he is
operating on that close of margin that he should pay the same as everyone else
should pay. C don't see where his bi.s{n=2ss a5t ity is so bad that it should
bankrupt 'Him. Because I don't t',inh takirg for anything other than what
all of th:: .'i i.' .aci:.ltiCs acre sr' `_h': U'l: C: States are asking for. But at
least thea cee:i_t t.ie individu:.l of 0,771e r the corporation to at least
come in ar:d sit der-: and t ai.c ;.ocut which :: t this time I have s :en nothing but
one great bit of prostration. The point I'm trying to make. The point I want
to make is that if the lack of good business procedure upon the corporation is
not followed the consequences is not going to be to this commission but to that
corporation for not getting off their dead duff and doing sometding. So we
understand each ether.
Mr. Andrews: Well, and I want to assure this commission that I'm very conscious
of this and tried on behalf of the city to go about this procesa very conscientious-
ly and that's what prompted me to write a letter to them six mo:tths in advance of
the date so that there would be no misunderstanding as to the city position.
Sent a copy of the code and sent forms that they could fill out so that there would
be absolutely no misunderstanding.
Mr. Plummer: Well, legally Mr. Andrews how can he even go and publish his tickets
for this coming year with the Orange Bowl on it without having a contract with the
City?
Mr. Andrews: Technically, if someone else did that who was putting on a one time
event we would have very serious objections to doing that and I doubtthat legally
they could given do it. But the Dolphins have been continued-- ten year users of
the bowl. They have requested reserve,: dates. We've honored those reversations
with stipulations so you'll have to ar.3wer your question in a way.
MR. Plummer: W 1i, to me it seems like it takes a lot of chutzpah to go andto
put this thing together.
Mayor Ferre: I like that. That's all right.
Mr. Plummer: I said chutzpah.
Mayor Ferre: I take back all I said about you.
Mr. Plummer: To take and put this thing together without having a contract. Its
just to me is ludicrous that he would do such a thing. Ck. He knows he's got 20
days.
Mayor Ferre: I'd like to make a point hire because I heard the counter argument
that the Dolphins only paid 22,000 dollars because that's all that st.adium's
worth aad if it were in better conditions they would be wiiline to pay more. But
the point is that we can't fix it and put it in better conditicn unless we get
a long-term contract. So it's a revolving circle that somebody's got to break.
Obviously, Robbie doesn't ---
Mr, Plummer: We're doing to break 20 days from today -we're going to break it.
Mayor Ferre: Well, but you're not going to break it. Because don't you see
all that really means is instead of doing what he's been doing for 10 years and
that's paying .;22,000 a game. All you're doing is you're asking him to pay
$100,000 and that's fine and thats not going to break him. He's going to still
make a lot of mo:.ey and therefore he cz± afford to pay that until he gets a
etadiun if :e c<<n dtt a sLirm. Nc'r7, ._r. ChJic _Ce:p L".a_.Cln;: about the Buffalo
Stadium. but _qu know, C`_ how. t '_, a,: ::uffa'.c _ 1dium is on a side of
a h1 uC_.i t_ liti_ no eeroethee just-E-_'Vc:u the hill out and it's
a naturi :,cv:1_. We don't: any '.^._W, in Florida that I know of in Miami and
therefore it has to have st::uctura: s.__e1. _.._. Andrews, the City has spent some
money and eitort and time.Mr. Kunde the an ineer has gone into this just the
steel, the steel structure alone today cests10 million dollars. Just the steel,
tha. mans not anything else. 1 m:.an you don't put any concrete or air conditioning
or bathrooms or grass o the land or pariing and just the steel structure. No
seats, no nothing. The seats alone cett :.round 6 million dollars, just the seats.
Now, how i.h the world, if the structurs_. steel cost 10 million dollars and the
seats 6 miiiicn dollars and the other oeentities 3 or 4 million dollars without
even the erection, how in the world can anybody say that they can build a stadium
for 27 mil:"-•n dollars? 22 million?
U it I'�II IIIII,II III i�,l I'ili�l,i,�ll ICI II'' �IIII I�I�
.s y
JUL,1 J7&
Mr. Plummer: Very simple he's not going t u ply for the property. ilPt8 riot
going to financing. All of that not included in that figure.
Mayor Ferre: You know, and all of that to be used 10 times a year. you know.
Its just -- I thought Disney World was in Orlando, but I find out that now its
in Miami.
Mr. Plummer: Disney World is but Nick2y Mouse isn't.
Mayor Ferre: Well, you said it I didn't . This time they can quote you. All
right, anything else on this?
Mr. Plummer: Ok. you're going to send him a letter today Mr. .tndrews?
Mr. Andrews: Tomorrow.
Mr. Plummer: Ok. Tomorrow.
JUL - 1 19/6
DISCUSSION AND DEFERRED ITEM
20, AMEND PENSION PLAN TO PROVIDE CITY MANAGER PENSION EMOLUMENTS
Mayor Ferre: Item #1:, ordinance amending the pension plan to provide for
City Manager pension •3moluments.
Mr. Andrews: Mr. Mayor and members of the Commission. This nutter has run into
a little bit of a snag in that it is being reviewed by the plan pension board.
I'm bringing it back to the Commission because I was assured and .1 think Mr. Weston
will spear, to it, that this Commission has the privilege of adopting an ordinance
if you direct_ him to prepare such an o_::inance for these provisions that we announced
as to pension emoluments for the City Iminager because it is a condition of employ-
ment. And, having made these conditione of employment this Commission can act
that way arm.' it can be carried out. l cee't wane to see the new Manager go through
a lot of ha=slins about what. the , ans__ee _eolueente are. What the pension arrange-
ments are. I announc..'' those pretty c-ear', ant. I think the Commission understood
those real clearly. _.nd, :':a requ_stin2. that you direct the City Attorney to pre-
pare the necessary documents to present to you to get them adopted.
Mayor Ferre: All right.
Mr. Plummer: You want to defer it?
Mr. Andrews: No, I just the --- Ali right, Mr. Weston informs me has them already
prepared so I would suggest then that he read the ordinance to you.
Mr. Weston: Let me address myself to the comments :'' the ' nager. Properly the
City Commission is the law making body or tl:e rele mekinm body for the pensions.
The boards may make recommendations b4_ th.. only autro._:; to : f e the rules for
the pension is in this co:nrni5:35_on rig -ea here by the state. •° author{ Zing, the pensions.
There's no problem there and also as Mr. Andrews :as said the agreement between
the Cormieaion end the new City Henager .once-.ning she terms and conditions and
the emoluments of his employment that's within: the pervi_u of ,:his Commission.
So this Commission is the body that :.sakes the determination in this area. Certainly,
the board has the privilege to enprees their concern and :::a:;e a recommendation to
this board or this Commission but nothint; ::;ore. We have prepared the ordinance
stating the conditions as we understood the Commission here agreed to employ the
new City Manager and they are item 1.. I am prepared to read the title to the
ordinance and the Commission has copies of the ordinances in their book.
Mayor Ferrer C,.. Go ahead and _eac:
M:. 1c3t_cn: it's a: ordinance a:renc__ ;!iam: City General Employees Retirement
Plan Ordinance No, .',626, adoptec :'.ay : 55 as amended. As appearing in codification
form as a p _t of Chaster II, of the Cod: of the City of Miami, Florida, 1957 as
amended. ?3y providine that the r.e mrc' serving as City Manager receive vested rights
in said plea,. at the end of 1C year seen: _e. Further providing the said member be
permitted to t-_.-.s=er :he city's con.: ih'.tion to another retirement trust fund upon
his or her tern_ri:ion. after 5 year serv_co. And, further providing that in the
alternative said eployer serving as r. City Manager not be required to belong to
said plan and be permitted to cesigr.ate a trust fund for the deposit by the city
of the amount equal to the City's contributions that would normally be deposited
to his or her individual account is said plan. Repealing all ordinance,code
sections are :arts thereof in conflict, insofar as they are in conflict and
vrs JUE. 1 1976
containing a severability provision. This is the fitst reading.
Mrs. Gordon: Please explain that last part. Why that separate trust fund portion
of it is included in there?
Mr. Andrews: Mr. Mayor and memberh of the Commission that's to create flexibility
for the City Manager an:1 in attracting professional people in the event that the
Manager s::cu1..--�rve .i p2:iod of (co;:t re if I'm wrong) 5 years he would have
the al;ili;. h- ., __ ;_..,-tr_`: -:tLora an.: t:iat of the city contributions he would
not Pa!_:. of these monies b,t ;:• _.1_ci have the right ten under proper
announce:ru,re: c: ti-:is ordinance to have Cacse transferred to another trust fund so
that a pen: -don program could be perpetuated. The Internationa._ City Manager's
Organization is a classic example of that kind of pension program in which they
provide a pension program for city managers in which cities make a contribution
and the employee makes a contribution toward that pension plan and a professional
manager if he stays in one city for 5 years reaches the nation61 average and is
accepted as fulfilling a generally accepted term. He moves from one city to another
and as he moves about the country fulfilling these positions he ends up after
25 or 30 years with a pension that's afforded him through that vehicle of Inter -
national City Manager's Pension Program.
Mayor Ferre: Well, that's what we were talking about as you may have recalled.
Mrs. Gordon: Yea, but what I wanted to know as a point of clarification. I
don't have that ordinance before me if it's in the book I'll take it out. What
I want to know about it is - it says, a separate trust fund. It doesn't specify
what you just said. A separate trust fund could be Southeast First National Bank
or someother trustee or a trustee set up on an individual basis, you know, is that
the intent of it or am I hearing it gust wrong?
Mr. Andrews: No, the intent,and 111 ask Mr. Weston to see if what he has pre-
pared fulfills the intent. The intent was not to try to bypass the pension plan
in anyway but to icentifv this particular individual in his contributions and the
city's ccntribuciTns a.: pact cf that total trust in the event that he would exercise
the option to chauga that trust location. lie wculd have that privilege of doing so
under this: ordi:.ance.
Mr. Weston: I c ieve ,:.`:is :,anagger. is 2cdress'_ng himself to item #2. Item #3
is the one that ,_he Coar siorer req�estec'. and .hat provides that incoming
City :f._nager or an incor_.ing CrLty 3i; days cf employment may designate
a specific Cruet. That could be another trust fund in the city and a bank in the
other pension or wherever it would designated and the amount of money would deposit
in that fund for the same purpose. It would serve it from the normal city pension
fund.
Mrs. Gordon: I understand, but the one point I'm questioning is perhaps in the
wording. Not in the intent.
Mr. Andrews: I see.
Mrs. Gordon.: But in the wording where is says, a trust fund. Well, a trust fund
could be an individual holding a trust for someone. In other words, is this your
intent by the wo:dioe in this ordinance or is it more specific and just not delineated
that way?
Mr. Weston: The wording of the ordinance itself provides ---
Mrs. Gordon: I was reading from seven lines from the bottom.
Mr. Weston: I'm zryin€ to answer ycur question by what the ordinance itself
provides in the o;idy c:1d it read, ` <an :±irp'.oyee within 30 days from it becoming
C..tv na';1•.f ':hat he ric a:..-- not be required to
c:o :; ; : 3:r:.q or :.car_ employment as City
::.:i13a . . 1 have _. �c::..�,:, ._.. ..__._'.nr, a trt.s:: fund to whom the city would
_S:v- t'�
:emit foe ee oelt to the er ioc:'.r ci eoit .::.e sum of the city's normal contributions
and its accrued ii::bi'_ity cent:_ ut:_ons ::r_ich it would be required to make it the
employer remember the plan . In essence this is allowing the City Manager to
designate, a separate trust fund in writing to which his contributions would be
made. This is what we requested...
Mrs. Gordon: As s point of clarification--- go ahead J.L.
Mr. Plummer: That wasn't the agreement. The agreement was that main trustee
1
Illfl11111 11
,56
JUL 7 1976
would be the International City Manager's Association. 'Not any trustee of hIs
choosing.
Mr. Andrews: No, we use the International City Manager's as an example.
Mr. Plummer: No, that wasn't the way ? understood it.
Mrs. Gordon: Well, the way I read the +,nc' :Ilk is nothing to du with the lnd�
ividual because this is a precedent for nc,ire,always- forever more. Ok. A
trust fund could be a trustee. in attorney - anybody, right.
Mr. Weston: That could be. Yes ma'am.
Mrs. Gordon: And, I'm questioning that part of the ordinance.
whether or not you should be more specific.
Mr. Weston: Well, we constructed this according to the request
that was the way we understood it. But of course, if ...
Mrs. Gordon: You follow what my reasoning is...
Mr. Weston: You want to have it more specific that this shoulc be a some sort
of a pension plan ---
I'm questioning
that we got and
Mrs. Gordon: Of a public type of trust fund. A public type is still an oper.Rnd
choice but it is not permissible for an individual or two or three or four ind-
ividuals to have.
Mr. Andrews: Further, I would add that it should be a public retirement trust
fund.
Mrs. Gordon: You elaborate on it which ever way is best to be elaborated hut
the intent is that it be more specific.
Mr. Andrews: Well then may I suggest and see if the City Attorney would agree
with this. In section 2, in the middle of that paragraph it says, transfer to
any retirement trust- change that "transfer to any public retirement trust" and
the same three words "public retirement trust" be used where we say "trust fund"
shall have designated in writing a public retirement trust fund.
Mrs. Gordon: That would clarify it I think. Your opinion J.L. No, it would not
clarify it.
Mr. Plummer: But it was not understanding. My understanding was that
the man would have the oppo.-tunicy cf tr�n s::erring it to the International
Association, which seem like a fecal pout in my estimation for all City Managers.
New, you know, you cs.0 tale this thine:; a^L1 7cu can go -- for e::ample, what happens
this man takes it and '..a zranca:.: ir. to Xn, 131.72 ^oes broke ant'_ he comes back to
us and he says ohwell you knc . I'm on lfare I'm only getting $64.00 a month.
Where if we transfer this tng to the international Managers Association which
was my understanding then it's their baby.
Mrs. Gordon: Yes, th-lt was the conversation. J.L. is right about that
Mr. Plummer: Then it's their baby not anybody crises and that's the way it should
be. It seems like to me and it seems reasonable Paul, that they would be the focal
point for your colleagues.
Mr. Andrews: May T_ suggest then that - this is for first reading is it not?
Mr. P1uz mer: Yes.
Mr. .rLdr_ws: Th;.t another sectf.c7. of definition be added in which the public
retirement trust: fund be ic:enti':i:d.
Mr. Plummer: Paul, it just seer.:., reasonable to me that you wouldn't have the
city attorn_ey's going to an undertakers association.
Mr. Andrews: All right. Ok. Just so long as there's no misunderstanding.
It'll be on first reading. Mr. Grassie will be here when this is read the
second time end then participate.
Mrs. Gordon: Don't you think you ought to correct and we'll do it this afternoon?
f#4" 7
out. t 197S
1 don't believe in doing things and then correcting them later.
Mr. Plummer: It's all right with me. Ok. Let's go to 15.
Mayor Ferre: You'll come back with the corrections. You want to be heard on this?
Mr. Peter Joffre: From Sanitation and Like T. said at the last meeting that our
pension plan: have quite a bit di:;crirn:.r.atory ordinances and what we're doing
right now is s tting up another discricinE:tory ordinance makinL rulesfor one
man. We're setting up presidential. If the City Manager, new Manager can get
this why can't any other man on the pension plan get this?
Mayor Ferre: Well, I understand your philosophy and let me say that there's some
merit to it. The answer-- the other side to it is that the City Manager is the
City Manager and that the City Manager - you know you've got tc recognize - I'm
sorry perhaps it offends the sensitivity of a lot cf people, but I think that the
City Manager is somewhat of a different sole than the Assistant City Manager or
anybody else in this --
Mr. Plummer: Mr. Mayor, let me tell you what he's saying. All right and I think
you better be aware of this because it something --- this is a thing here where the
Mlssouri State pension plan has just been sited by the IRS for the purposes of now
becoming taxable rather than exempt because there pension plan favored the legislat-
ures. And, they feel that this was not fair and across the board that it was a
discriminatory action. So, you know, you could be in fact putting the whole situation
into jeopardy with the IRS. My particular board has been striving to get IRS
approval. So, I think this is something you better be aware of.
Mayor Ferre: All right, Peter anything else you want to add.
Mr. Peter Joffre: No, this is now for a fact and since we had so many other
ordinance we don't have to change to them we would just add on more ---- to it
So I'd like to see this either put the new City Manager under a different plan
into the International Manager's Pension Plan right from the beginning, but not
into our pension plan.
Mayor Ferre: I'll tell you that might be the way for us to do it to solve this
whole problem.
r
Mr. Plummer: Do they have an existing pension plan?
Mayor Ferre: Sure they do. I think if he belongs to it obviously he likes it.
Why don't you call the man up Mr. Andrews and see if he would object to that
and that solves the whole problem as far as I'm concerned. If he's already there
Mrs. Gordon: Peter makes a good point because of the IRS factor.
Mayor Ferre: If the man already belongs to the City Manager Pension Plan, obviously
he must be happy with it or he wouldn't of joined it. So if he's happy with and
if you call him and he accepts it let's just put him on that and forget about the
rest of it.
Mr. Plummer: All right, let's defer that until that's taken care of.
Mr. Ralph Parks: Representing the General Employees Association. We've gone on
record as being opposed to this simply because it is discriminatory . The reasons
for this and this might let you off the hook on the two last paragraphs. Number
one, I don't think there's any excuse because the original intent of having 15
years before you can have vested rights or 10 years is for tiiilding up some kind
of background and some people with some experience. Now true our 15 years might
be a little too far but not 5. Bear this in mind that whenever you reduce your
vested rights time you are costing more. The other two things if the city feels
like they would like to give this award to Mr. Grassie or to any other individual
there is nothing to stop that from drawing the same amount that they put into the
pension fund for his contribution and putting it in a trust fund but do not take
the money from the pension of his contribution because the pension fund contribution
from employees is what carries it with expenses all the time. There is nothing
that has ever been done with regard to any member getting back the city's contrib-
ution, ever in the history of this plan or any other. If the city would like to
do this go ahead - fine. Let them find out how much a pay day his contribution is
and put it in the trust fund out of the general fund or somewhere else. But do
not take it out of the pension fund. Thank you.
Ip mrRmmPplI!S!!Ar!
JUL 1 1976
40'
Mr. Plummer: All right, so this matter will be deferred.
2Lt APPROPRIATE $1,550 FROM
CONTINGENCY FUND
JUL -1 1976
EXPENDITURES INCURRED IN SEARCH FOR
NEW CITY MANAGER
Mayor Ferre: All right, now we're or, item 415. Let's see if we can move along.
Mr. Andrews you recommend that $1,550 . Is there any objection to this? Any
questions on it. If not, is there a motion on it?
Mr. Plummer: I'll move it. I think It might to have more clarification.
Mayor Ferre: Plummer moves. Gibson seconds. You want to explain it?
Mr. Andrews: Yes, this is -- the City Commission allocated $1C,000 for the complete
search and requesting people to come Miami and be interviewed and all the cost in-
volved. Instead of that ending up at $10,000 it ended up at $11,400 and some dollars
so it's ----
Mr. Plumper: Ok. So, it's above the 10.
Mayor Ferre: Plummer moves. Gibson seconds. Further discussion. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-643
A RESOLUTION APPROVING THE ALLOCATION OF $1,550 FROM THE
CONTINGENCY FUND TO COVER TRAVEL EXPENSES OF THE CANDIDATES
INTERVIEWED BY THE CITY CO:,:ISSION FOR THE POSITION OF CITY
MANAGER OF THE CITY OF ::IAM:.
(Here follows body of resolution, omitted here and on file
in the Offica of the Ci,:y Clark.)
Upon being seconded 'o;' Commissioner;F.ev.) Gibson, the resolution
was passed and adopted by the _oilo-._'_nb aote.:
AYES: Commissioner Manoto
Commissioner J. L. Plumm_r, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon.
Mayor Maurice A. Fevre NOES: None.
21. (A). MISCELLANEOUS DISCUSSION
Mayor Ferre: All right, take up item #16. How long will that take Mr. Parrish?
Mr. Parrish: Mr. i iayor, if you people are as hungry as I am you're not going to
hear anything I say. I offer to be first after lunch if you don't. mind.
Mayor Ferre: All right, is there anybody else here on item 16?
Mr. Parrish: Yes.
Mayor Ferre: Would you raise your hands please. One, two, three, anybody else?
Would you have any objections to this item Lzirg deferred until after we come back
from lunch? You're ver: kind. Nov', is there anything else to come up before this
Commission before we break for lunch a
Mr. Andrews: Unat time you want to get Mr. Mayor?
Mayor Ferre: Wall, I think we ought to have at least 45 minutes don't you think?
An hour? Will 2:30 be acceptable to eveybody? Mr. Andrews, before we break so
we all know in your estimation I know this has to be a guess, how long will it
take for us to get to the afternoon agenda?
Mr. Andrews: Well, I think we'll finish on time at 5:00 when we go into the
City Commission workshop on the zoning comprehensive plan matter then depending
on how long you want to take on that so that should be about an hour.
0.7 JUL 1976
(-
Mayor Ferre: Are we going to talk to Southern Bell. today?
Mr. Andrews: Yes, but Mr. Mayor...
Mayor Ferre: And, you say from 2:30 to 5:00 which is two and half hours you're
going to have enough time to do that?
Mr. Andrews: Well, no sir I didn't say t'.iat,I said that the rest of this
agenda Lrom ahouc 2:30 on we can finis abeet 5:00. I want to point out that if
we get into a lengthy discussion and .,`u had already made this announcement that
you really scanted to have a separate day set aside for the Sou hern Bell. I'm
reporting to you the status of the Southern Bell negotiations .,o you can set that
date, but it might get more involved in that and you'll have to exercise judgment
as to when to cut it off.
Mr. Plummer: How long is the 5:00 meeting going to take?
Mr. Andrews: About an hour I believe.
Mayor Ferre: We're coming back at 2:30. Mr. Andrews and Rose Gordon and Plummer
1 want you to listen just for a second. I want to bring up this afternoon for
discussion Revenue Sharing and the process that we're going to follow because I
don't want to get snuckered into a situation where we get caught and then its too
late and somebody says well doggone it we should of thought of that back in June,
you knew. I want to have an open discussion because it is my opinion that we got
caught in a trap last year and the trap was ( and let me tell you we've been caught
in several traps). First of all, we ended up in the hands of the United Way, rem-
ember that trap?
Mrs. Gordon: Three years agc.
Mayor Ferre: Well three years ago. Let's start three years ago we ended up in
this trap we appointed a committee I wasn't here. You were here and you were here
(pointing). '.ou appointed a co:aiitte` and then the committee came back recommended
some thin,;s. Dan Paul wee a chair:an of it, he had all of these meetings and what
have you anc then t:e ccmpteteL_: igr.or d what the committee said, that was the first
trap. T'-.en we sa;t: -ooh we can't do that so we get into another trap we said let
the United 'gay cote here and t<ll him and the United Way came here and they didn't
at all pad: attention to the needs e: the community or :.n some ways and we ended up
being ::carped on that one. Then the third year we said ok. Now we're not going to
fall on tnc rst years or tne seccng's year trap, now we're going to get a committee
city, county, United Way, well chat happened was that you had a whole bunch of irate
people screamir., up and down that they Were never consulted, thhat they didn't have
a. y illt•'.i, and on and on, so now what I'm spying Rose, excuse tee, is that I think
t',is _i_:e around we've had three years to learn our lesson. Now, let's not make
the same 'mistake over a;ain. I thine. we need two things. We need professional
evaluation, I a;;_ee with that. Ye also need citizens input. ?ou cannot deny the
input of citizens participation from the very beginning. I was talking to Tanny
Dean last ni,;ht, he said, I think chat you ought to go to the established organizat-
ions and let then have some input. That doesn't mean we're going to do what they
say. But at least I think we ought :have them share. ---- Well, Model Cities for
example, is a good case and the other organizations that have been participants
or have been recipients of funds.
Mrs. Gordon: I'm not going to say anything opposing your suggestion. I would
simply say we do have a very fine department that has been wor.dng on an evaluation
and etc.,etc., let them come to us and tell us and then we'll have our public hearing.
Mayor :er_e: Agreed. Agreed Rose, but Paul Andrews, agreed, rut -- I want to make
sure now that everybody knows what the game plan is here so that we don' t all think
that something happening that isn't: happening, aac I'm nce saying one way or the
other. 7'... luau sapid;, befc:e w . cn vaeetor end before we get the budget
t' and be;ore ,. c(-�'_1' '_rate thee Ciltl:_ S _ ..trio _c .:i:c^:; how : e gale's going to be
playeJ, b re ehe public input is. .Ls i: through the department, will they hold
public hearing., will they take into consideration requests , will they answer it?
You know that's 311.
Nr. Mayor, I would like to say something too about your schedule
this a:te':n:on. One of the items I have which is the Flagler Street Project.
The li,;n' en_ng portion of that is li:..h_a to get into a controversy. I didn't
find out until late last night that '_1r. 'aul has been hired by one of the suppliers
of the lighting fixture and they're liable to contest our recommendation. So
I know that that's not going to be a five minute item.
6a
JUL 1 1976
1
Mayor Ferre: Ok. We are so warned.
Mrs. Gordon: Mayor, just to keep you up-to-date on what the community action
agency plan is at the present time. It is to incorporate the community development
task forces together with the task forces of the community action agency for
greater efficency. However, there are So,ne problems that developed because of the
lines of the two separte task force al -,as and these are things that are going to
have to be hardic tactfully and e: on the commictee and our department is
working with thc'.. also. So tncpe_ui__; 11 come up with a gooa solution.
Mayor Ferre: Yea. One last thing. Last night on the black r; dio station I was
asked, rir. Andrews, how long it's been that the City of Miami ias not had an
Affirmative Action Officer and I had to answer and I'm sorry (;.nd I was embarrassed
by it) to the best of my knowledge it's been at ].east six months. I think we've
got to kind of point of that we hopefully will have somebody fciriy soon.
Mr. Andrews: We've gone through a very lengthy process with tLe fifteen member
advisory board. They have from a group of some ten or twelve Lpplicants narrowed
down and recommended to me within the past month four applicants. I now have all
the information on my desk . A decision will be trade.
Mayor Ferre: When?
Mr. Andrews: Before I leave, Mr. Mayor.
Mayor Ferre: All right. I think that's very, very important. That's all I have.
Anything else. We'll see you at 2:30 ...
22, ACCEPT COMPLETED WORK
PARKS - BASKETBALL COURTS
RESURFACING
JUL - 1 1976
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-644
A RESOLUTION ACCEPTINC THE COMPLETED WORK PERFORMED
BY THE NREWER COMPANY OF FLORIDA, INC. FOR THE
PARKS BASKETBALL COURTS - RESURrACING - 1975 AT A
TOTAL COST OF $34,199 AND AUTHORIZING A FINAL PAY-
MENT OF $3,419.90.
(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 b:• the following vote:
AYES: Mr. Plummer, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mr. Reboso and Mayor Ferre.
JUL
1976
AUTHORIZE CITY CLERK
23, TO PUBLISH NOTICE OF
PUBLIC HEARING
JUL -1 1976
ACCEPT COMPLETED ISTRLCTION
FASHION HIGHWAY IMPROVEMENT H-4381
BID "A" HIGHWAYS
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-645
A RESOLUTION AUTHORIZI?G THE CITY CLERK TO PUBL _SH
A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO TH
ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLE ED
CONSTRUCTION OF FASHION HIGHWAY IMPROVEMENT H-4;81
BID "A" HIGHWAYS.
(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, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mr. Reboso and Mayor Ferre.
24, AUTHORIZE CITY CLERK
TO PUBLISH NOTICE OF
PUBLIC HEARING
The following resolution was
moved its adoption:
JUL -1 1976
ACCEPT COMPLETED CONSTRUCTION
LIBERTY SANITARY SEWER IMPROVEMENT
SR-5377 C & S
introduced by Commissioner Plummer who
RESOLUTION NO. 76-646
A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH
A NOTICE CF PUBLIC HEARING FJR OBJECTIONS TO THE
ACCEPTANCE BY THE CITY CONMISSICN OF THE COMPLETED
CONSTRUCTION OF LIZLR'.t^f IMPROVEMENT
PEASE II - SR-5377C (CENTERLINE SEWER) AND SR-5377S
(SIDELINE SEWER) IN LIBERTY SANITARY SEWER IMPROVE-
MENT DISTRICT ?RASE II SR-5377C (CENTERLINE SEWER)
AND SR-5377C (SIDELINE SEWER).
(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, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mr. Reboso and Mayor Ferre.
%7F
44. irk 1,
25, Brief Discussion- Ord. amending 8476 by deleting appropriation
of $69,670 for MARTIN LUTHER KING DEVELOPMENT & substituting
agency known as CHRISTIAN COMMUNITY SERVICE AGENCY, INC.
Mr. Weston: Item 1126. An Ordinance amending Ordinance No. 8476 adopted
October 23, 1975, by deleting therefrom the a'?ropriation of $69,670 for
the Social Service Program sown as IiL ;.'v _,U:::ER K1NG DEVELOPMENT and by
substituting he agency known cg C; :;" :_ CO=NITY SERVICE AGENCY, INC.,
OF SOUTH F',oZIN tha a_;e::cy ;mil CCOPERATIVE DAY CARE:
repealing all Ordinances, Code Secti :.b, ,,' parts thereof in conflict;
insofar as they are in eonfiict; provic ing a severability clause.
Mrs. Gordon: Before yo'i go any further in going through the attachments that
came with the agency I noticed an error and in the way this revolution is worded
I believe its incorrect. Now,if I can find the memorandum in t.y book I'11. point
it out to you. Just a minute. Yes, the memorandum is in the Look--- If you
notice on the memorandum from Mr. Andrews there's two separate items that's being
dealt with. This item 26 on the agenda deals with one item anc. speaks to both
of these two separate items but it's incorrect. It has to be emended. You have
the memorandur Mr. Weston?
Mr. Weston: ':es, I have the same thing you have in the book.
Mrs. Gordon: Ok. You gee those 6000 portion of the second portion?
Mr. Weston: Yes ma'am.
Mrs. Gordon: OK, so then we better have that amended or corrected, ok?
What's wrong? You've got $69,000 on the first one and $6,000 on the second
one.
Mr. Weston: $69,000 is for the Martin Luther King Development and the $6,000
is the Town Park Cooperative.
Mrs. Gordon: Yea, but read your ordinance. You don't say anything at all about
the $6,000.
Mr. Weston: Yea, we don't say anything about the $6,000. The $6,000 is remaining
the same. The recipient is changing and in the body of the ordinance if you'll
note we deleted the reference to Town Parr Cooperative and substituted Christian
Community Service Incorp.
Mrs. Gordon: Well, with all due respec•�s, I don't think it says what you mean
it to say. I'd like to go over that with you again. Ok, could we by-pass it for.
NOTE: Commissioner Reboso entered meetinc at 2:40 P.M.
JUL -1 1976
•
BRICKELL PLACL ANNUAL RENTAL OF $4,172,12
26, 10 YEAR LEASE AGREEMENT -
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-647
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT ON BEHAL: OF THE CITY OF MIAMI WITH
AMERICAN DESIGN & DEVELOPMENT CO?. OF MIAMI (D/B/A
BRICKELL PLACE) FOR TEL LE:SOF CERTAIN BAY BOTTOM
LANDS FOR A PERIOD OF 10 YFAI:S, WITF TWO .O .'EA_R
OT'TIONS, UNDER LIE 1ERYS L') CONJI. TONS AS COMINED
THEREIN.
(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 Ferre.
6.�
JUL 1 1976
ffr
27, AMD,CHAPTER 50135,1 - PROVIDE FOR 3 YEAR REVOCATION OF
CHAUFFEUR REGISTRATION ON CONVICTION OF DWI ETC,
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTWWN 56-135.1 OF THE
CODE OF THE CITY )F ,1;.MI P.Y SUBSTITUTING THERE-
OF A NEW ; .CTION 56-I35.1 PROVIDING THAT ANY
HOLDER OF A CITY CHAUrF; EUR REGISTRATION LICENSE
CONVICTED OF DRIVING UNDER THE INFLUENCE OF IN-
TOXICATIN(; BEVERAGES OR CONTROLLED SUBSTANCE AS
DEFINED I:1 FLORIDA STATUTES SECTION 893 WHILE I.;
ACTUAL CONTROL OF ANY FOR -HIRE VEHICLE SHALL
HAVE HIS OR HER REGISTRATION AUTOMATICALLY REVOKED
FOR THE REMAINDER OF THE LICENSING YEAR AND SAID
HOLDER SHALL NOT BE ELIGIBLE TO HAVE SAID LICENSE
RENEWED FOR A TOTAL PERIOD OF NOT LESS THAN 3
YEARS FROM THE DATE OF SUCH REVOCATION; REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; PROVID-
ING A SEV!LRARILITY PROVISION,
JUL -1 1976
Was introduced by Commissioner Plummer and seconded by Commissioner
Rebosoand passed on its Eirst reading by title by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
ABSTAINING:
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of the
City Commission and to the public.
RATIFY ACTION
20, OF CITY MANAGER
JUL -1 I lb
ENTER INTO AGREEMENT-DADE/MONROE PL4RN1N ,
CONSORTIUM
"RECREATION SUPPORT PROGRAM"
The following resolution was introduced by Commissioner Pl'+nmer who
moved its adoption:
P.ESOLIJTION NO. 7E-648
A RESOLUTION RATIFYING AND CONFIRMING THE ACTION
OF THE CITY MANAGER IN SUBMITTING A GRANT APPLI-
CATION TO THE DADE/MONROE MANPOWER PLANNING CON-
SORTIUM FOR FUNDS FROM THE UNITED STATES FEDERAL
COMMUNITY SERVICES ADMINISTRATION FOR A SUMMER
YCUT' RECREATION PROGRAM AND FURTHER AUTHORIZING,
TES CITY MANAGER TO :.CCEPT THE GAtANT AND EXECUTE
THE NECESSARY CONTRACTS AND AGREEMENTS TO IMPLEMENT
THE GRANT UPON RECEIPT OF THE SAID GRANT.
(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 Ferre.
zy
.1,1 1 1976
JUL -1 1976
r FEDERAL GOVEI TENT FOR ADDITIONAL_
AUTHORIZE CTI Y MANAGER C,E,T,A, FUNDS IF RECEIVED
29. TO ENTER INTO AGREEMENT
Mr. Andrews: Madame Vice Mayor, members of the Commission. I have a parallel
matter we've discovered yesterday through the Secretary of Labor of the Federal
Government that he is uF•ing his discretionary authority to release funds under
Title I of CETA :o forty-five areas of Ugh employment and the City of Miami is
being considered.
Mrs. Gordon: Of high unemployment?
Mr. Andrews: High unemployment and the program that they're preparing for is a
summer youth employment program under Title I of CETA. We would be designated
for $980,000 in funds and I want this Commission's authority tc re -act to agree-
ment should it become available to us because we would have to put it into effect
immediately. It would run for about eight weeks and I want that authority in
July and it's similar to other CETA type of projects for youth employment that
we've had in the city in the past.
Mrs. Gordon: What is the status if I might ask of the CETA program in its entirety?
What is the extension?
Mr. Andrews: Well, most of the CETA employees where various programs are being
completed will be transferred to Title II and from what we can judge how the
program looks as if it will last for at least another year but the funding is
until December 31st. But we've got insurances that apparently will be longer than
that.
Mrs. Gordon: Ok, in other words, Title VI, which is the Manpower Act. CETA Program
is only extended to December, is that right?
Mr. Andrews: Yea,
Mrs. Gordon: And, that in the meantime I know that you can substitute Title II
for certain kinds or portions of it. But not in its entirety. There are only
certain qualified guidelines.
Mr. Andrews: Yea. We ciid the research and did the necessary work on it and we
won't have a problem as far as our people, but now that's up until December 31st
of this year.
Mrs. Gordon: Right, right, but still our people are worrying about -- I would
tell you that in Det'c when I went to represent the City at the Steering Committee
of the National League of Cities this was an item for discussion and on that is
a great concern and that's where I was ably to determine those matters.
Mr. Andrews: I would respectfully request that you adopt a motion then in relation
to this Title I CETA Funds so that I have the authority to proceed with this.
Mrs. Gordon: Ok. Moved by Commissioner Plummer. Seconded by Commissioner Gibson.
Discussion. Call the roll please.
The following motion was introduced by Commissioner Plummer, who
moved ite adoption:
MOTION NO. 76-b49
A MOTION OF INTENT TO AUTHORIZE THE CI_Y MANAGER TO
ENTER INTO AGREEMENT WITH FEDERAL GOVERNMENT FOR
ADDITIONAL C.E.T.'.. FUNDING IF AND WHEN THE CITY
RECEIVES SAID FUNDS.
Upon being seconded by CG.nn. issio:ier Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr. Plumer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
S
JUL 1 1976
.s.N.r+axrAY',�ifS'��4s:e�+P:�...••F;..'.•.:c.:..v.-
JUL - 1 1976
30, APPOINT MRS, BLANKA ROSENSTIEL TO BICENTENNIAL.COMMITIEE
The following resolution was introduced by Commissioner Plummer who
moved Its adoption:
RESOLUTION NO. 16-650
A RESOLUTION APPOINT1N(: MRS. BLANKA ROSENSTRLL,
CHAIRMAN, THE AMERICAN INSTITUTE OF POLISH
CULTURE, INC., TO THE BICENTENNIAL COMMITTEE.
(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 Jerre.
CITY OF MIAMI
31, APPOINT CHAIRPERSON TO GOLDEN GLOVES BOXING STEERING COMMITTEE
JUL -1 1976
Mrs. Gordon: Let's say that its a very worthwhile committee to he on and in
fact one that I wish I had more time to spend and do an effective job because
I have enioyed working on that program.
Mr. Plummer: I nominate Manolo Reboso.
Mrs. Gordon: Ok, the Notion by Commissioner Plummer. Seconded by Commissioner
Gibson that Manolo Rebose 6e al: ointed and designated as chairman of the Golden
Gloves 3oxing Steering Committee. Discussion.. Call the roll please.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 76-651
A MOTION TO APPOINT COMMISSIONER MANOLO REBOSO TO
SERVE AS CHAIRMAN OF THE CITY OF NIA"':I GOLDEN GLOVES
BOXING STEERING COMMITTEE T{) FILL THE VACANCY CREATED
BY THE RESIGNATION OF COMMISSIONER J. L. PLUMMER, JR.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon
NOES: None.
ABSENT: Mr. Ileboso and Mayor Ferre.
66
JUL 1 1976
JUL - 1 1976
32, $1401000 ALLOaTION - EXPANSION OF RECREATION ELDG,-CENTRAL MIAMI
PARK
Mr. Andrews: This is the project we brought to you once before in which we're
combining our effects with Metropolitan Dade County in housing project in the
Central Area o the City and they were to build a park and we we're developing
a park adjacent to it. We :ombined the lands. They were to build a community
building and we were ;o we're joining :nrces In constructing one community
building and one larg 'r park.
Mrs. Gordon: Fine, where is it located?
Mr. Andrews: We have a map
Mrs. Gordon: Very nice. I had a motion from Commissioner Plummer and seconded
by Commissioner Gibson.
Mr. Weston: Madame Chairperson I believe that the title to the resolution is
slightly different from which you read which is off the agenda. May I read the
title? (Mr. Weston then reads the resolution)
Mrs. Gordon: That's quite a bit of difference from what they have on the agenda.
Mr. Andrews: Well, the total is allocating the total of an amount of $140. You
previously allocated $120,000.
Mrs. Gordon: Ok. All right. Call the roll please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-652
A RESOLUTION ALLOCATING $20,000 FROM THE 1972
PARKS FOR PEOPLE BOND ` XD TO COMPLETE CONSTR-
UCTION OF THE RECREATION BUILDING EXPANSION AT
CENTRAL MIAMI PA1.K (SUITE 304).
(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 Ferrc.
'JUL 1 1976
55. SAN JUAN CATHOLIC CENTER
JUL - 1 Nib
USE OF WATSON SL,.,4D/S 'OWMOB I LE
AUGUST 2?
FUND RAISING EVENT
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 76-653
A RESOLUTION WAIVING THjd FEE POR THE USE OF WATSON
ISLAND PARK ON SUNDAY, AUGUST 22, 1976, IN CONNLCT-
ION WITH THE SAN JUAN CATHOLLC CENTER'S FUND RAISING
BAZAAR; GRANTING PERMISSION FOR THE SALE OF FOOT AND
NON-ALCOHOLIC BEVERAGES; WAIVING THE CITY'S RIGI:T TO
A PERCENTAGE OF THE PROCEEDS FROM THE AFORESAID BAZAAR;
WAIVING THE FEE FOR THE USE OF THE SHOWMOBILE PFOVIDED
THAT THE COST OF OPERATING PERSONNEL IS BORNE B1 THE
USER; SUBJECT TO SAN JUAN CATHOLIC CENTER OBTAINING
PRODUCTS AND LIABILITY INSURANCE AND NAMING THE CITY
OF MIAMI AS AN ADDITIONAL INSURED.
(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, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
JUL - 1 1976
WAIVE RENTAL FEE
34, MARINE STA!JIUM
MIAMI HERALD LEND -A -HAND FUND
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 76-654
A RESOLUTION WAIVING THE RENTAL FEE FOR THE USE
OF MARINE STADIUM BY THE MIAMI HERALD ON JULY 3,
1976 FOR THE PURPOSE OF HOLDING AN ACTIVITY FOR
THE LEND -A -HAND FUND, SUBJECT TO PAYMENT FOR
EVENT PERSONNEL, INSURANCE, ELECTRICITY, AND OTIIER
DIRECT COSTS BORNE BY THE CITY.
(Here follows body of resolution, omitted here
and -n file in the Office of the City Clerk)
Upon being seconded by Commissioner Reboso, the resoluti.or was
passed and adopted by the following vote:
AYES: Mr. Plummer. Mr. Reboso, Rev. Gibson, and Mrs. Gordon, and Mayor Ferre.
NOES: None.
ABSENT:
NOTE: Mayor Ferre entered meeting at. 2:50 P.M.
JUL 1 1976
41)4
44
PERSONAL APPEARANCE
351 MR, DAVID PARRISH
41
JUL-11976
SIMPSON SANITARY SEWER IMPROVEMENT
CERTIFIED LIEN ETC,
Mr. David Parrish: I have with me my wile, Carolyn. Mrs.
All of its live in a little neighborhood on 27th Road and 28th Road between I-95
and the southl)ound fly over from the crtesc'way. I have maps; of our area here that
I'd offer you. We have n problem and we need help. I think that you are the
people that can help us. Our problem 1a really almpie and If 1 don't talk too
much it woa'c become complicated. Ot.r problem is that we're caught in n whipsaw
between two government agencies.
Mayor Ferre: That's not unusual.
Mr. David Parrish: It's happening to us now. So it is unusual for us. The city
has authorized Simpson Sanitary Sewer and our neighborhood is part of it. The
work is going on right now. It's a block or two away from where we live. And, the
County has proposed a rapid transit system. Has authorized a t.ond issue to finance
part of it. The state has proceeded. Has passed a new law making it possible for
the County to raise more money. The rapid transit plan says t1-.at all these houses
will become a parking lot for a station that's going to be bui:t at 26th Road. We
don't know when it's going to happen, but we know it's going to happen. And, we
reasonably can think it's going to happen within a year or two. For one reason
or another the rapid transit plan were not considered when Simpson Park came before
the Commission. But its time to consider that now.
Mr. Plummer: Let me clarify -- you said that this property is going to be----
NOw, on what authority --- (Not speaking in microphone)
Mr. David Parrish: We have the plans that have been prepared for the rapid transit
system. I know. We have not. The rapid transit may or may not be a reality in
the future but it is a real threat at this time. If the rapid transit is built
at any time within the next five years its to great an expense to put us tau and
to put the city to, to enjoy sewer facilities for five years when we're having no
problems at all right now without sewer. And, I don't think that your own sanitary
engineers would tell you that there's env threat to the public health.
Mr. Plummer: I've heard the fact the.: ,ou say this property is condemned and I'm
just `skim;. ?aurrnally, when the County's going to condemn something and its in
writing and its definite they give you :lctification.
Mr. David Parrish: Kr. Plummer that has not happened.
Mr. Plummer: Ok.
MR. David Parrish: I don't belabor you with figures I think you realize its
4 expensive for us and it is an expense to the city. We've had the benefit of a
great deal of patience and ulderstandir:; from Mayor :Ferrets Office, Mr. Cobo,
and from Mr. hays , Mr. Eric:.. after hearing cur problems, they offered us a
solution., Which I ^.ink e. s wa=lely reasonably. If I can brim; it I'll tell you
what it was. Mr. Hayes :wrote us on the 16th of June es follow:;: I've conferred
with Mr. Vincent Grimm, Director of Public Wor_cs, he essures me that the Sanitary
Sewer construction scheduled for S.W. 27th Road and 28th Road has been postponed
until after the fall election. If the Lax is approved (I'm sorry) At that time
Dace County voters will he asked to approve an additional 1C sales tax to be
levied to help road the rapi.d tr . ns:_t syat'.n. It is felt with this sales tax
support the rapid tansit system is likely t: beccme a reality. If the tax is
approved and updateu implementation tag,=c for this searicn of the system will be
pressed for from Dade County ao that the city can decerm .ne whether or not to
proceed with sewers in your area or to post,lone `hen indefinitely. But the
beginning of this wee'a we were called by r;:,;s end he cold us that the talk
no.i is that the election will not he _ .is :all ;t_L ne :t fail. So he put us down
on ''.f:_ t:.:iLJ ;;0 th.._ a:.k you .V_ .:Galt_--' help. Another
yedr'.. '.JJ.at is _lot` :yin, to ...:rt a''.;j .a:__ ;. _'L'_ houses will still be there and
they aer_:= t::e sewer now n.. ac. it then. You can do the same thing in
1977 that you are about to do in 197:;.
Mr. Plummer: And not for the same amount of money.
Mr. David Parrish: Well, that's the problem. The delay may be worth it because
there's a very great probability. There at least is a strong probability that
it won't be done at all.
(? JUL 1 1976
rgileuviiiiiiiiimmllpollmINTocTImplol
Mr. Andrews: Mr. Mayor and members of the commission, Mr. Grimm is prepated to
give you additional information in reference to this matter.
Mayor Ferre: Please do, Mr. Grimm.
Mr. Grimm: So that the commission will understand what Mr. Parrish is saying, the
proposed taking of his property for a parking lot is this parcel here shown in
yellow. Now, we a'_'.. as much as we would :E to see a rapid transit system built
in made County, w .. _ _ "aliZ_. t:.._ t.`l .. ' -i:. _ :;a if's involved in it. As a
matter o: facL, our Go!.ccation is :_.: tea:..inrton today to see if they can further
solve some of the t...,.aar.::ou:; _finding pr tbler:s. As Mr. Parrish s,.id, the County
Commission may have deferred the sale tax proposal until 1977. I also want to
point out to you that in orange are pieces of property which are now owned either
by the state or by the county or will be owned when the rapid transit system is
acquired which are more than adequate to develop the same number of parking spaces
as this would. This morning unfortunately, they couldn't wait but representatives
of John Dyer's Office were here and authorized me to say that the art of acquir-
ing this property for parking are very remote. But let's suppose: that that's
also iffy. Nr. Parrish said that the decision is paramount today. What I pro-
pose to the commission is that they pass a motion directing me to defer assess-
ments on this piece of property until July 1st, 1980. That's four years from
now. We'11 certainly know by then which way we're going.
Mr. Parrish: What is the effects of deferring assessments?
Mr. Grimm: It mean; you don't pay for it until after 1980.
Mr. Parrish: And it will not be a charge on the property?
Mr. Grimm: No assessment against the property until July of 1980. Now, should
they come in and acquire your property prior to that time then that becomes
academic. Should they not acquire your property then your assessment would hold
true starting July 1st, 1920.
Mr. Parrish: If they acquire our property in the meantime,will a part of the con-
demnation share be applied to Lay a part cf the cost of the sewer?
Mr. Grimm: Weil, anytime you have an outstanding lien against the property and
that property has to be acquired I'm sure that that debt has to be satisfied.
Mr. Parrish: 3o actually what you're saying is you won't make us start making
payments until 1980 but if this property is taken for public purposes we neverthe-
less will be charged for it.
Mrs. Gordon: No. The person getting it will have to assume the ---
Mr. Plummer: They've got to pay for the improvements.
Mr. Grimm: If the government acquires it and there's a lien against it...
Mayor Ferre: That's a payment that they have to make. They've got to assume that
debt.
Mrs. Gordon: I've gok. to ask you a question on that, Mr. Grimm. Is this going to
be a certified lien or a pending lien on his property?
Mr. Grimm: It's already a pending lien.
Mrs. Gordon: Well, what will it be in 1979 in the month of September?
Mr. Parrish: That's why I'm saying what you're doing to me...
Mrs. Gordon: Will it still be a pending lien or will it he a certified lien?
Mr. Grimm: No, it will be a certified lien against the property ;)ut by your
action will direct me to defer assessments.
Mrs. Gordon: Yes, but a pending lien as I understand from most real estate
closings, pending :lens are assumed by zhe buyer. The certified liens are gen-
erally deduct.:c from: the equity of the _elder. Now if that's going to be a
certified lien and he's offered let's say $20,000 (I don't know wiat the value
is) whatever he'll get and th lien is say 500 he'll get 19,500.
Mayor Ferre: Well, the way to do that is you make that as part of the motion.
Io
and have the legal department cover it that way.
Mrs. Gordon: Just keep it a pending Ilen.
Mr. Andrews: :firs. Gordon, excuse me Mr. Mayor, I don't think that whether or not
the property owner wants to sell his property is really at issue here.
Mayor Ferre: No, hut it is an is,' if 3e11s his property and he has too assume
the lien agcii:.st something that he's -,t c;Dinh to have the benel' its of if another
governmental agaency is going to take the property. I think t',.at's reasonable.
Mr. Andrews: Well, then Mr. Mayor maybe what we should do afte• you direct the
City Manager in such a motion instructing the Public Works Depw•tment to do this
with the Law Department that motion then be recorded just like deed is in
evidence of that will show up immediately in the intent to any purchaser will
immediately be notified.
Mayor Ferre: If that's legally acceptable and that's a vehicle to use then I
would accept that.
Mr. Parrish: I want to say one other thing along this line too as long as we're
going this far. Your own planners this afternoon, in your work.;hop . One of the
points that they're going to discuss with you is the elimination of this as even
a transit site. And, the one at 17th Avenue and that it be relocated to 5 points
and that information has already been related to that vicinity. Viscaya , 5 point
general area.
MRs. Gordon: MOre conmercial area.
Mr. Grimm: That's already been discussed and moreless accepted by Mr. Dyer's
Office. What I'm trying to say Mr. Mayor is that I think that we're -pending over
backward to...
Mayor Ferre: I realize what you're saying and I think its clear.
Mr. Parrish: I would appreciate it very much if you'll have your attorney give
an opinion before that ordinance is drafted and acted so that it will be clear
that the owners of lots here will not be charged for improvements...
Mayor Ferre: That would be part of the motion.
Mrs. Gordon: Nor lose any equity by virtue of it.
Mayor Ferre: Will someone so move. Father Gibson moves. Rose Gordon seconds.
Further discussion on this item. We're clear. All right, call the roll.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 76-655
A MOTION OF INTENT TO DEFER ASSESSMENTS TO PROPERTY OWNERS
FOR CON TRUCTION OF SIMPSON SANITARY SEWER PROJECT UNTIL
JULY 1, 1980, AND DECLARING THE INTENT THAT PROPERTY OWNERS
IN THIS DISTRICT SHALL NOT BE ADVERSELY AFFECTED BY ANY
PENDING OR CERTIFIED LIENS IN CONNECTION WITH THIS IMPROVE-
MENT.
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
? I
JUL 1 1976
JUL - :! I /b
36, PERSONAL APPEARANCE
MRS, ELIZABETH VIRRICK
CITY OF r1I.4MI BOXING ► ()GRAI
REQUEST TO UPGRADE DICK LEE SALARY ETC,
Mrs. Virrick: May I first ask Richard Leonardo to give you what we have wanted
you to know for sometime, the reports on the Regional & National Amateur Boxing
Tournament. Very brief.
Mr. Leonardo: 'Mayor and commissioners. just a brief summary of our financial
report on ese reeionai and naticaal _aer:,:.rneeta. Cur audits have been completed
by the Cit; oi: Miami's Internal Audit and ca;, have some good news for you today and
some bad news. The bad news is that we're broke and we lost mciey on the tourn-
ament, but the good news is that we're not here to ask you for any more funds
because of the monies that we had raised in our 1975 tournament were adequate
even with the deficit of $14,000 of this year's tournament. We were able to meet
all of our cost. So, with that I'll just pass out the summary to you and perhaps
if you have any questions on it..
Mayor Ferre: I'd like to see it-- but I want to see it again Lecause my memory is
not that good. And, by the way I see the gentlemen from Southeast Bank are here
and I apologize for the long wait. We'll take you up as the next item.
Mrs. Virrick: Shall I wait for questions on that or go ahead?
Mayor. Ferre: No, you go ahead.
Mrs. Virrick: I have come up today to make a suggestion for your consideration and
please don't think I'm trying to run things. We have as you know Dick Lee, as our
Coach. And, Dick Lee has been with the city including his navy term 28 years which
means he'll be comic;; up [or his pension possibly in two years and it so happens
that Dick Lee has a tremendous national reputation as a professional amateur box-
ing coach. He is on the National Golden Gloves Board, He is on the Florida AAU
Board. He has brought this small boxing program with the help of J.L. Plummer,
for who'sservices we sa': many thanks. he as worked very hard Eilce he was chair-
man of the 5'eeeri:ig Cot nittee and for :aese Gordon's great support of the program
when, she -;as oe the Steereng Committee for almost nothing he has brought it up
to a program eI i :tern::_.icnai fame. He was chosen as one of two coaches in the
whole United States so take the team to Russia. He has gotten many awards and
citation:' and donors naL.ior.aii . he hes had taany offers from other cities and I
have great fear of our los'•_nn him and should ve lose him we would really suffer
severely i:'i the prograr: c d that i:; not so.r.ething I'm dreaming up because I know
several cities ::a coffered l,i, nandscaee sal`eies. WE :.ant to call your attention
to the feet :hat throu,:'n taese last few years ':mere ha: been more national and
local and in:ernacional nehlicity and I call your attention to the little red
wagon that we L'airowed fro::---- which is stacked high with aluburns and scrap
books or newspaper and magazine and national publicity , local publicity of all
kinds. I ciaubt if anything has brought :sore fa:ne to the city than Dick Lee has
except for the Dolphins, of course. I would like to ask if he could possibly
be raised in status. He is classified and it sounds absurb to say it as a Boxing
Instructor too. And, we would like you to consider changing that and increasing
his salary end make it more much commence with what he does if you possibly can?
I have a couple of mere short things to say but I'll stop right there.
Mayor Ferre: Elizahete let me tell you that I concur with all the good things
that you've said about Dick Lee and I'm sure I speak for everyone on this commission
However, you know thee the charter precludes the Commission from setting salaries
and this is a matter chat is -- sad stating positions that's a matter that is
completely the purview of the Administration and I turn to Mr. Andrews and recognize
him.
Mr. An rows: Mr. Nayor, and :::embers of the Commission. I recc nine that the
City Mana,er :._., a _et cf aeetensibiliey but in that specific area
'm aeir <, .__I "''"_vice a : c_LZ .or. t...:�eeetee or an approach :r: least. But
lees_ C':' :_..J74i?YS n o (1:_.._LF, flJr!'!"1 control as you think I havo. I
can' = ae ar c?amele take 4. cia`_.s?.__e :)_.,_ =o and just automatically elevate it.
It has to so t`_eouch an audit process enn relate it to other responsibilltit.s
and then a new clase_r_c tion or p: y _acne is assigned tc it. And, then I'm ii
a position ,..vhe : there is a new range to ;?remote Someone into it or to advance
them to : 'tight:- step. And, this classi_ieat on sticks. But what I suggest is
that between ;:y:_el and my staff and ?areieala_ly the staff because I'll he fairly
busy the legit days. Review the potentiality of retaining Mr. Lee and his
present ciassric.:tion but separating ou:: certain of his additional activities
that he's involved in and handling that a:, a separate matter. Employing him in
that additional matter and in an additional way that maybe we can figure out a
,;2_,
JUL 1 1975
r ay of providing him with additional compensation.
Mayor Ferre: Look, Paul, let's just talk ----
Mrs. Gordon: Like a boxing coordinator or something of that: nature.
Mayor Ferre: Let's talk practical and this we can do the charter permite us
to discuss this as a clatter of ohiloso:)h?, ok. Now, let's talk practical/and
I don't see Dick Lee he's not in the audi nce and I'm just as glad. Now, its
public knowledge what the man is paid. How much is he paid? (You don't know)?
Mrs. Virrick: I know its less than a police sergeant.
Mayor Ferre: How much is Dick Lee paid? Does anybody know here, I mean it's
public information?
Mr. Andrews: It is, but I just don't have the information. All right, let me
tell you something, Dick Lee is one of the United States Boxing Coaches for the
Olympics, is that correct?
Mr. Plummer: No, he was chosen one of the coaches to go to Russia with the
Boxing tear but not ---
Mayor Ferre: Well, I understand that Dick Lee is a person that's very highly
regarded in boxing circles.
Mr. Plummer: Oh yes, definitely, but he is not on the Golden Gloves staff, no.
Mrs. Virrick: He's a member of the Golden Gloves National Board.
Mayor Ferre: As I understand it and I'm not thatmuch involved in boxing, but
I understand that he is one of the most highly regarded figures in the country,
not Miami.
Mrs. Virrick: Right!
Mayor Ferre: Obviously, there are people that are going to be reaching for a
person like that and if he's within two years of retirement. You know what's
going to happen,the man's going to be tempted to go take another job somewhere
else as soon as lie can work it out. r_rv!, I'm just saying that as a matter of
practical, from _. practical paint of view I can't think of anybody really who's
done more good. Not only publicity wide outside but within this community.helping
kids, I mean he's been responsible for a tremendous program that has helped kids
in Miami and I think and I'll just let it rest at that, but I feel that we have
to look at that very carefully.
Mrs. Gordon: May I ask a question that might he very much to the point? In
helping kids in Miami as you just stated he has in effect prevented many juveniles
from going into the wrong path as a prevention of crime. Are we eligible in
some way or other for the boxing program to receive some L.E.A.A. grant monies
for crime prevention? Has there been an attempt to investigate that?
Mr. Andrews: I don't know we may. Not from the way I believe that you are
viewing it . We can look at that. I don't want to give anybody hope because the
L.E.A.A. program has been cut back tremendously and its in trouole.
Mrs. Gordon: There is a large appropriation I have been told and particularly
a good amount has been budgeted for juvenile crime prevention. So I would be
very happy to at another time tell you some information on it we got up in
Louisville regarding that.
MayorFerro: All right, Commissioner Go ,ioq makes a motion that the Manager be
instructed ma e an application if possible to the L.E.A.A. Funds on the basis
of Crime Prevention for the City of Miami Boxing Program.
Mrs. Gordon: Right.
Mayor Ferre: Seconded by Father Gibson. And, further discussion. Call the roll,
73
JUL 1 1976
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 76-656
A MOTION REQUESTING THE CITY MANAGER TO MAKE APPLICATION
FOR L.E.A.A. FUNt S IN THE IN—LRES'i Or CRIME PREVENTION TO
ASSIST THE CITY OF MIAMI'S BOXING PROGRAM.
Upon being seconded by Commissioner Gibson, the motion wa3 passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
Mrs. Virrick: well, let sae say that's fine and I'm delighted, except that you
know any time you embark on a program of getting a grant it takes time and as
the Mayor said it's just two years left before his pension time. By the time
you get this grant it might be too late if you're thinking of that as a way of
increasing his salary.
Mrs. Gordon: I'm not Elizabeth. I'm think of that as a way of increasing the
program.
Mrs. Virrick: Well, that's great. But in the meantime is Mr Andrews going to
look into this. what he suggested ?
Mayor Ferre: I think in the meantime Mr. Andrews senses the will of the
Commission in _ryir.g to solve a problem tht we recognize and we cannot go beyond
that. All we can do is tell \r. Andrews, Mr. Andrews we think there is a problem.
Mr. Andrews we would hope that you would address yourself to the problem, Mr.
Andrews we hope that you come up with a solution.
Mrs. Virrick: And, we thank you very much.
JUL -1 1976
TY
3/, BOXING GYM INSTRUCT TOOF IMPROVINGYAIRNAGER MOVEMENTSWITH TUDY USESOFIIBFANS
Mrs. Virrick: May I put in one more plea. And, I hate to be in this position,
but I have to. You know the gym is the hottest place in the world. Last night
the people were leaving, they were miserable. Several people said they felt they
were going to have a heart attack. And, I don't whether you have seen the survey
that we made about what has been done to try to cool the gym. It reads like a
comic offer because first one group of people cone_ in and do one thing. Then
another group is asked because it gets hotter is asked to see what they can do.
So they take out wha, was done first and they do something else. This has gone
on until it is absolutely laughable and each time it gets hotter. It is the hottest
place that you could imagine. Something is going to have to be done to cool that
gym and of course it isn't air conditioned because it's too big and too high a
ceiling. There have been suggestions that have sounded valid to engineers that
have adopted. And, could you possibly have somebody look into this and get that
gym a little bit cooler. We might lose our customers for the whole summer.
Mayor Ferre: HLve we radc a study of taat Mr. Andrews?
Mr. Andrews: I'm not sure Mr. Mayes-.
Mayor Ferre: Well, now I think that Cods is a valid request and I'll entertain
a motion that the Manager be instructed to make a study of the cost of air condition-
ing that gym and come back....
Mr. Plummer: woo--- no, I don't think she was even suggesting that.
Mayor Ferre: Well cooling the gym, which means fans,
7y
JUL 1 1976
Mrs. Virrick: More fans and opening probably-- I'm not an engineer I shouldn't
say a word. Opening that door with a medal below to let the air come tn. Some
of the fans have been removed and they put exhaust things in to keep the air
from coming in. It's just really ridiculous.
Mayor Ferre; Father Gibson moves. Rc : Gordon seconds that the administration
look into the :matter and I m jht po nt: e,: as ..e remodel if we aver get to It
the auditorium here maybe some of '_r_0nu _r.s right be transferred over there.
There's a motion and a second. Further discussion. Cal] the roll.
The following motion was introduced by Commissioner Gordo: who
moved its adoption:
MOTION NO. 76-657
A MOTION REQUESTING THE CITY MANAGER TO STUDY THE COST
OF COOLING THE CITY OF MIAMI'S BOXING GYM.
Upon being seconded by Commissioner Gibson, the motion waa passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
Oh Mrs. Virrick: Thank you very much.
Mayor Ferre: Is there anything else to come up on this item? If not, thank
you very much.
JUL -1 1976
CITY OF MIAMI RETIREMENT SYSTEM -CUSTODIAL
SERVICE OF SECURITY PORTFOLIO,
38, DISCUSSION ITEM: APPEARIJICE^OF RENRESEN ATIIVE OF THEhoUiHEAST FIRST AiIONAL :SANK
Mayor Ferre: We will now hem fro :a the Southeast Bank with my apologies
to the other people here. These gentlemen have been here since early this
horning.
Mr. Bob Thompson: Senior Vice President of Southeast First National Bunk of
Miami. I have with me from the bank also Harvey Rosenfeld, who is Vice President
of the bank and he's the officer to whom this account is specifically assigned.
10 Also, with me is John Pennekamp, Vice 'President of the. Personnel Office. We
appreciate the opportunity to :or,:e and join the discussion about the future of
the custodial ;:services of the City of _:iami Retirement System. Before we begin
this discussion I might say that we have apprecia:ed and enjoyed the last 21
years which have been very urusual.I thin:: all of you realize in "74" you split
the funds up between three :honey managers. About eighteen months later, you
split the fund up again between the system and the plan. Much has been accomplished
in this period. This did involve very detail and complicated and expensive
operational cost. We think we have done a quality job in this area and we had
hoped that the trustees agreed to this. Mr. Rosenfeld and T_ stand ready now to
discuss any part of our services or anything about the custody services that
you gentlemen might want to discuss.
Father Gibson: I'd like to ask a question sir. Questions because I originally
was the guy who was very concerned about this city becoming the money capitol.
When we divided the system as you indicated earlier or the pension. I pointed
out to the Coml:i;.sio._ at Il::e _est nee_i. —' that yuu had thc_t they divided the
whole pension incne, :.r_ , ^r`e, :cur, because e::preased concern
for what was 6z.' L,7,in:; ticcuse I that we should have had some
civic pri:... l tr n_k that the Ccm -_c2 then agreed to give us, the local people,
the money management of the entire pension. husiness. I used an illustration that
they gave me a sugar tit and the ?aycc of course, knows what it is- talk about
sea food and some of those other things, so he didn't know what a sugar tit was
and I had to tell him that a sugar tit was (and I learned this in North Carolina)
that a sugar tit was green corn cut cff the cop, put in a cloth with some sugar
and when the baby would try to cry or start crying all the adult or the
parent would do is take sugar tit and put in the baby's mouth and you know the
baby wouldn't cry any more. That's what they did to me because what they did was
%5 JUL 1 1976
the normal procedure is one, two, three, four. One and two was stocks and then
bond was three and then four was custodial. So what they did is they reversed.
They went four, three and every time (you know) because I talked about the
civic pride and then I said that you ought to have a piece of the package to
gamble with. Because that's what the other guys were going to do. And, 1
felt that you should have been rewarded because of civic gesture and then give
you an opportunity to gamble like the other people. So, the story of the sugar
tit was I „ot number four and I just sly "Great God" these guys are with me
on this civic pride and then they went up to three and I says "Great God" I'm
going to get it on the next one. You see I believe in God you know and then
the three went to somebody else . I think three went to New Y,rk and then
was number two. I think two went to Chicago, is that where it las? And two
went to Chicago and I said I know I'm going to get three. The: next time one
went to Atlanta. And I said "well I be doggone" here I am wit:. the sugar tit
in my mouth and nothing ever happened. See what I mean. Now what disturbs
me is we agreed to put all that business on the market and to '.id and here we're
going to change the custodial people that was holding the mone:" for the whole
system and we did not bid the bond, the people who have the bond are also the
people that you're recommending to be the custodial. Now, I dun.'t know -- I
don't even bank to you. I bank to Coconut Grove. But I'm concerned.whether it
is your bank or Coconut Grove Bank that some of these local people ought to he
holding cash money. Now, I make this statement that I feel th,,t if you had ---
how much bond was that J.L., you ought to now? 50 million dol,ars ?
Mr. Plummer: About 50 million dollars.
Father Gibson: 50 million dollars worth of bond. Now, I'm no banker. I preach.
ok, I believe that if I had said, how much you can handle this business for and
I had 50 million dollars worth of stock, man I'd come down to, wouldn't you?
Mr. Bob Thompson: Yes, sir.
Father Gibson: So, let me raise the question. I want to raise a question for
the sake of this Commission to decide. I would not at all send that money to
New York the way they're sending it. The only way I would send it to New York
is if I bid the bond and let it be known that whoever gets the bond would be
the custodial. And, I'll bet you this you'll come up with a far better figure.
Now, Mr. '.layer, let me make the t;:i:d thing. You know, everybody will tell you
this, well you know, the advantage of New York and ail this jazz so you'll have
a watts line. '.0u all don't know this I once worked for the Federal Government
and to have a wefts line .is a fine line. 3ut you know what I find out about a
watts line. When I don't want t, deal with you somebody says he's not at his
desk now. Now, if you had a watt; line or you had a telephone and you didn't
.ant to deal (talk with ine) I'll ;;et on uLe here and go down to First National
Bank and I'd walk in that building and somebody there would have to respond
affirmatively to me. Isn't that true?
MR. Bob Thompson: Yea, no question about it.
Father Gibson: All right. Now, Mr. Mayor, I want everybody to know how I feel.
I'm opposed to it. Because I am concernec: that we are not -- this is the gateway
to America. I'm concerned that we are not helping these local businessmen to
become the money ; ol of the world and i want the people who voted to know
what they're goir.,, to do.I want them to know that's how I feel and there's no
hidden mystery behind me and I don't know you. I have no interest, got nothing
to gain other than my civic pride. I'm a native. And, I can't run for Miami.
I want Miami to be the best City in the world .and I want you to have all the
money here and doggone it there's nothing wrong with what they said about ---
somebody said last time that you had security up in New York. Well man, you're
responsible eayway and if they had any problem with it why didn't they tell you.
I'd like to et some answers.
Mr. Plummer: ',oil, let :me just give :;ou t;:e basic ingredients and then you can
go from ;her,-: you want. The --- _ thar is right to a certain point. The South-
east First Notional Bank was the recipient of the custodial. Then approximately
three or four :ninths ago, it was felt by the Board of Trustees of the Police and
Fire that a better price could be derived than what they were receiving for
custoeial ca:•c. At which time they put it back out and Ernie how many did you
interview? (6) six companies were interviewed and asked to submit based on the
history and Southeast First National was one to submit a price for a possible
change in custodial. Now, those prices came back and if I'm not mistaken your
price came in about 4,000 less than your previous price.
�s
JUL 1 1976
Mr. Bob Thompson: No, no we bid the same fee that we've been charging right
along. The difference is we did not include some of the statement charges
and things like . We spelled that out in the letter.
Mr. Plummer: All right. The other bank that is recommended which is Bankers
Trust of New York.
Mr. Bob Thompson: Are they here?
Mr. Plummer: No. They were before. They came in at a fee approximately 4,000
dollar a quarter less than Southeast or $16,000 a year. Am I correct sir?
Mr. Bob Thompson: I didn't see the bids?
Mr. Plummer: Excuse me approximately $16,000 a year less money with exactly the
same service as Southeast. That's it in a nutshell.
Father Gibson: Ok, J.L. let me raise some other questions. What I want the
Commission to be aware of and I want the public to understand is if you do that
about the bond it's just a matter of days or hours before you uo it about the stocks.
And, let me say the other thing, and nobody is speaking to thib. If I had 50
million dollars bond in my hand I was bidding for the custodial portion of that
fifty million dollar, you know I'd come at $16,000 less too. All I'm saying, let's
play whatever is fair in love and war, you know, let's put it all on the table
let'em all bid. And, you know you'd see some different reactions.
Mr. Plummer: If that be the case, why shculd the fund be penalized Father?
Father Gibson: Well, ok, you put the fund up. You put the fund up for a
bid.
Mr. Plummer: We're going to.
Father Gibson: Ok, well, J.L. let's do it one time.
Mr. Plummer: Father, that's not the kind of a thing that you do with approximately
56 million dollars worth of money. You have to take this thing in a progressive
manner. What we're doing is we put the custodial up now. We are now looking and
we are goin" to split it in three equal funds yhere there won't be a bond and a
stock. Each portion the way its proposed now will be a third, a third and a
third, they'll have equitable and fixed.
Father Gibson: Ok, my reaction is don't do it in piece meal. See, let me tell
you what we need to understand. You divided that thing in three, then gave the
,h custodial, ok. That's what you did. If that's the way you feel bid it all now,
so that whoever bids knows he has both. Ea has a custodial portion and he has
bond. He has the bond and he has the custodial. No man that's not fair!
Mr. Plummer: Well, Father we disagree.
Father Gibson: WE11,' I'll tell you what ---
Mr. Plummer: I live with it day to day that's ---
Father Gibson: I'd like for the people who handle money, since you and I don't
handled it other than I get it everyday in the church. You get it when they die
and they have no redress in your case. You men who handle the money, tell us
isn't it true that if you had the fifty million bond that your price would be
less?
Mr. Bob Thompson: If I urder.stana the question, at our bank it's always been
• that we are the money managers. The fee for being a money manager includes
custody of the securities. I think this is kind of standard in the industry
Mr. Plummer: But it was not true when your bank had the portfolio. Am I correct? .
Mr. Bob Thompson: Pardon.
Mr. Plummer: It was not true when your bank had the entire portfolio.
Mr. Bob Thompson: Well, certainly.
Mr. Plummer: They paid a separate custodial fee.
JUL 1 1976
Mt. Bob Thompson: No. I don't think that's correct.
Mr. Andrews: I don't remember, I'm sorr',.
Mr. Plummer: Well, it might have been included in. But there was a custodial
fee.
Mr. Bob Thompson: So what I'm saying is the investment management fee includes
custody services so ---
Mr. Plummer: Look, you know, I am really in a bad position an( that position
is that Plummer is a guy that likes first and foremost local people number one,'
ok. And, I maybe have to make excuses to you but this Commission knows where I
have stood from the selection of a Manager on down, baby I wan:. Miami people
but I am sorry that you were given the opportunity to bid on this as where
five other banks. The fee has come in this city can save 14 to $16,000 dollars
a year and that's what I'm looking for. No one knows those pension problems
any better than I do and if I can save 14 to $16,000 a year by giving it to the
people who have the bond portfolio fine and I'll tell you one other thing Father,
if we change the bond portfolio in six months and we can get a better deal from
whoever if it's a new portfolio I'll give it to them.
Father Gibson: Ok. But J.L. let's remember two things. See, what we're not
understanding is if I have the bond and you ask me to bid on the custodial
man, I'd bid at a much figure than I. would otherwise and that's whats not being
said. And, I take the position that if Banker's -- if you're willing to put up
the bond and bid the bond I'll buy it.
Father Gibson: I'll tell you this. One thing is sure Theodore Gibson isn't
going to vote to do it.
Mr. Plummer: Father, let me tell you something. I don't want to open a whole
big can of worms here. It's going to be opened up quick enough.
Father Gibson: Well, let'em open.
Mr. Plummer: But let me,something eise,when Southeast First National had this
entire portfolio for some t* irty years they never even had a full time money
manager. That'3 why when other peopl:: were making 10 and 117 this fund made
4 3/4. Now, you l:now, I _un _istcn to L111 of that, but Father, I'm going to
tell you if I can save this city $16,000 a year. I'm going to save it. Now,
you all con do what you want but to me that's the pure and simple gist of it.
If Southeast is fortune enough in six or eight months to get the bond portfolio
and they want to come back in and they want to re -bid the custodial and they're
cheaper than the one we got I'm all for them.
Father Gibson: J. L. isn't it significant-- let me make this further observation
and I' hush m::' mouth. Isn't it significant that -- let me do it this way , when
we were getting ready to deal with this entire pension system I went to one of
the best pension systems in this country, that's the pension system of the
Episcopal Church by a nun, ok oecause the boys who made money and had money
organized that .:y:.t:2m. You know, gnat the president of the pension fund told
me, he said, m .e s,,re whoever handles your money is not a man who has been there
for a short time inc also is getting ready to take him under the job. It is
significant that you took the last three months of "75" which might have been
a lucky period. And that's the evaluation.
Mr. Plummer: Father, that has nothing to do with custodial fees. That has
nothing to do with custodial fees.
Father Gi:.Eon: J.L. you just. said w-_ teo::,,the last --- listen you didn't say
it w--•-we -- do you .:now one tieing I like black and white don't lie. People
who writs_ cht black and white lie.' The record here says we took the experience
of the last three months in "75".
Mr. Plummer: Right.
Mayor Ferre: Ladies and gentlemen I think we have now discussed this and we're
repeatinL the same arguments over and over again. I think -- it's on item
#25. Now, it seems to me that we've now brought this to a full circle and I
think we've got to make a decision. So the chair is now open for ---
Mr. Plummer: I make a motion Mr. Mayor that item 25 be passed as recommend
by the boa ' .
2i'
JUL 1 1976
A
Mrs, Gordon: May I ask a question of Commissioner Plummer?
Mayor Terre: Withdraw your motion for ;, moment Plummer.
Mr. Plummer: I withdraw my motion.
Mrs. Gordon: Just for a moment. The memorandum, May 3rd written from Secretary,
Irwin Mazin to Mr. f.ndrews reads as follcws: The Board of Trustees, the Miami
Cit; :mployees Retirement Sy_ te- L:G : :t,z ed -- now that is an .act that has a
past tense to it-- Bankers Trust Comp<_r.v provide custodial services for the
Security Portfolio. has that gone into effect already, or are we just after
the facts now?
Mr. Plummer: Rose, there was some question as to whether or nit it was legal
for the board within its own authority to do such. It was approved by the
board and so notified Bankers Trust and then the attorney advised that we better
bring it before the Commission for ratification.
Mrs. Gordon: And, this memorandum is incorrect?
Mr. Plummer: At the present Lime the money is :still in Southeast. correct?
Mayor Ferre: Excuse me. Commissioner Reboso I think wants to make a motion
and defer it.
Mr. Reboso: Yes. I am sorry J.L. but I would like to see if this item can be
deferred to the 22nd because I listen to Father Gibson, I think he has a good
argument. I would like to know a little more of what the boarc approved and
if the delays that's going to cost ----
Mayor Ferre: All right, there's a motion now to defer this item. Is there :a
second?
Father Gibson: I'll second that motion.
Mayor Ferre: There's a second for deferral. Is there further discussion on
that motion, if not call the roll.
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon, and Mayor Ferre.
NOES: None.
ABSENT: None
Father Gibson: Mr. Mayor, one other comment. Do you remember what Mr. Fine
said to us this morning about people in business, you know, remember about that
man that talked who used to handled the United States Budget.
Mayor Ferre: Yes. Mr. Skiggs.
Father Gibson: YOU know, I'm not so sure we don't need to be talking to some
of those folk on these kinds of items. And, I hope Commissioner Reboso when
we get to deal with this matter that that man at least will be consulted.
Mayor Ferre: What F^•her Gibson is saying , Mr. Fine, who I saw just a moment
ago around here made a statement earlier this morning that we've got a lot of
talent around this c,mmunity thar we don't always take advantage and when he
cited us one otherexample, Mr. Skies, who is the President of the Southeast
Bank Corporation and I think what he said now is that when we go about doing
things like this, even though obviously in this case Mr. Skiggs has a complex
since its tho bank that he' tae President of that's involved that we ought to
take into consideration with people such as MR. Skiggs a-d ethers the impact
oI `_: 4se thing- that are happe ir', v ..:: .:cis are _1o:: `fie±: g properly used to
stren>t ened the hankirr: co:.l_Lu.i ty in M7.111. anr.l it st'_enE,t::.ens other corporations
outside of the community and then we complain about the economic recession
that we .lave. Ok, that's the thrust of '.hat that statement was if I interpreted
it right.
Mr. Plummer: Mr. Mazin will you make sure that Mr. Gong is invited to the
next meeting?
Mayor Ferre: Is there anything else on this item that'll come up on the 22n4
of July?
2`1
JUL 1 1971
JUL - 1 1976
39• DISCUSSION RA PUBLICCPWAGES FBUILDINGSSRORLAPUBLIC WOR�KSHINIJADEWOLOUNTY,N
(REQUEST CITY ATTY,TO OBTAIN OPINION FROM ATTV.GENERAI)
Mayor Ferre: All right, at this time we are on item 1i18. Discussion on the
rate of wages for laborers and mechanics working on public buildings or public
works in and should read Miami, not Dade County, we have no jurisdictions over
Dade County. Mr. Andrews, let's refresh our memories. At the last Commission
meeting I ;;ave to you sir a copy of a moLion that was passed by the City of
North Miami, I think or North Miami P,eaeh and I asked that you and the City
Attorney, study this and come hack to the City of Miami with a report and
recommendations. After you've made your report and the city a torney has made
his 1 will recognize Kaplan for discussion of the item.
Mr. Plummer: Mr. Mayor, just before it gets started and to he.d off any problem
--- So there'd be no problem this is not on the agenda as you equested it. This
as it is today on the agenda cannot be any action taken. This is only for
discussion purposes.
Mayor Ferre: I understand.
Mr. Plummer: Well, ok, because I understood it to be that it would be action
purposes.
Mayor Ferre: Well, I was hoping that we would have ----
Mr. Plummer: It's not: on there so in other words I just want it understood that
the way it now appears that no action can be taken on it. So that there'll be
no misunderstanding when all of the thing is over with.
Mayor Ferre: Look, this Commission as you know we've always respected the right
of a Commissioner if he wants an item deferred and we will so respect your desire
if that's what you want.
Mr. Plummer: No,no, that's not the point. The point is its under personal
appearance and discussion purposes only.
Mayor Ferre: Well, ok. Technically what you're saying is accurate and I cannot
argue against it, but we will discuss it and hopefully this Commission will take
that direction one way or the other.
Mr. Andrews: `Ir. 1N:ayor, and members of the Commission. We did receive the
information after the last meeting, at that meeting from you and were asked to
analyze it. We're prepared 'Lc present to the City Commission and in our analysis
as to its in:pa-.t upon the City of Miami. ;ut prior to doing so I think as you
have ;n the past :hat you should consider first if it is appropriate for you to
act on this matter legally and then after that determination we'll go into the
ramifications of passim; such iegisia.:.ion. In other words, what I'm saying is
if a final conclusion is reached that legally we can't achieve this or if there
is some reason that there are legal impediments then there's no reason to pursue
it. If you find tha = you can move ahead legally then you want to examine the
impact on ie after you know you can do it Out you recognize that it may have a
severe impact then for that reason you may not wish to go ahead. So I think you
should start with t: discussion by listening to the City Attorney to see what
he has to say to you.
Mr. Weston: Mr. Mayor, and members of the Commission. We received your packet
containing three proposed ordinances. We studied them. We went back and studied
the other ia.is applicable. We in the law office devoted considerable time and
effort ttyin.; to research this. But it all boils down to in my opinion a very
simple r.ese ution. In :,icy opinion the City of Miami has beer, preempted in this
area by i« stater, tic State of I'1.cr'_d,... I passed out to each of you
ComS4ia_di: ne•s .. eae _ ....e ti«. c. '.es ... -.ii,.,=e, but it's published. It's
Floric<_ . _.._..t_ '_'1_ : (.. the pertinent portion. I'm reading paragraph
1—A and that ;.rcvides that every contract in access of $5,000 to which an
municipality is the state is a party shall contain a provision that the rate of
wages for ::11 laborers, mechanics, etc., (I'm skipping) shall be not less than
the prevailing rate of wages for similar skills or classifications of work in the
cite, town, village, or other civil division of the state in which said public
work is located. And here is the key, which provision shall refer to and incorporate
this section in the contract by reference. The statute for the State of Florida
require us to provide the minimum wages as specified in this statute. Now, I
understand the logic in the argument that has been advanced that all right, we can
pass and ordinance setting a higher minimum and this appears to be attractive to
'JUL 1 197g
begin with but my problem with if we do that and we reject a contractor who
does not pay the higher amount he goes in and sues that I was denied a contract
on the basis of that and he presents this as the minimum wage we have no defense.
This is the minimum waive as a matter of law under which this city must operate.
Mr. Plummer: WE11, let me ask a simp:.e qicst ion Mr. Attorney, and 1 c:nnt either
her
a yes or a no answer. Are you tell in me that aa proposed before us Iierc today
that this Commission cannot act on Lt.?
Mr. Weston: I can't give yes or no because you refer to whatE before and you
apparently refer to the sample ordinance which was submitted to me for study,
They're,not before you today. But my answer to you is you car, pass it but I can't
enforce„ jor the simple reason if we go in and the contract ae awarded is to
somebody who is paying the higher rate of waives and we reject another contractor
who is paying a lower rare but one which is above this specified in the Florida
Statute he will he the one who is entitled to prevail.
Mr. Plummer: So, what you are telling me is that we can pass this thing but: it
don't mean anything.
Mr. Weston: It's not enforceable.
Mr. Plummer: If its not enforceable what's the use of passing it?
Mr. Weston: That's my point.
Mr. Plummer: I think you lawyers work by the words. No he goes by the book.
Mr. Weston: That's exactly right I go by the book.
Father Gibson: May I ask this question? When people bid a job they bid the job
with the understanding that there will be a certain rate of pay. Well, whether
its a minimum or maximum, a certain rate of pay. The reason I asked this because
I referred a situation I found myself in about three weeks ago with HUD. An
outfit bid a job and they were $14,000 less than the other people, ok. What I
want to know is if I do what's before us and I do what you say the state statute
says, when people come to bid a job the question is who's going to
get the job.
Mr. Weston: Ue would go by the lowest bidder, but if we stuck the minimum by our
ordinance which would be the prevailing local wage or the prevailing national wage,
whichever is higher which is provided in the ordinance that was submitted to me
plus fringe benefits. We are then gcieg to be setting a higher minimum wage. WE
would be rejecting any contractor w:'c did not use at least that wage from consider-
ation. NOw that contractor might be lower and he comes in, he says 1 bid lower
but they rejected me because : was not using that minimum which was established
in the ordinance. However, the state of Florida statute sets a lower minimum wage
and I was following that on the lowest bidder and I'm entitled to the contract
.he would prevail.
Father Gibson: Sir, you answered my question because I wanted to know who's going
to get the contract and you said the lowest bidder.
Mr. Weston: The lowest bidder.
Father Gibson: And, then wha: you would be doing if you do contract, you then
would be denying a man the right to a contract who legally had a right to the
contract if...
Mr. Joe Kaplan: Mr. Mayor, may I please be heard. I do have some discussion on
the subiect. My name :.s . „sesh H. .::-ia;.. 1'ra an a_torney-at-law and I represent
the i'.iarii Buileine and Conetaeceion icier:, Coueci . .:i^. the the Miami District
--- The Carpenters ;)is::riet Council ,.":d vicinity. Mr. Mayor, and ladies
and gentlemen :,f tine Commission. = ':ss ' .=: fu. nishad a couple of hours ago, a
memorandum of law that was elven to :_r. ''eston from his assistant Mr. Schoenbrod.
I received it from Mr. Weston's office and I've had an opportunity to view the
analy'is of the law that was made by Mr. WWeston's assistant. I shant go into
except to say that there is a glaring vacancy in the memorandum. That is the
memorandum in which Er. Weston has retie;.' upon to express his opinion. He ignores
the fact the cities of Opa Locka and .;orth Miami Beach, Hialeah, and Jacksonville
have already passed,and perhaps others that I don't know about have already passed
ordinances to protect the pension programs and health and welfare and hospitalization
JUL 1 1976
programs of workers doing work on public jobs within those cities. So this is
not something which is unique to the ,iti.es of Florida. Let me first of all
explain to you what we're talking about. I work with [his law all the time
as you know. There is presently in existance two statutes one is a federal law,
an act of congress referred to as the Davis Bacoa Act. That sets minimum standards
for wages to be paid to construction workers on public jobs within the city if
there is federal money attached eo it. There ie also, and that's located in
title 40, section 75-:'., of the feller 1 ._. :Jere is also a state law that's
in chap is .__=.:? that also sets minieum . ;ardards for the payi..ent of wages to
employees ia tee construes.:.on industry doing work in the City if Miami if they're
state money. The only problem between the two of them is that the state statute
in setting its minimum wages defines the term wages as only the hourly rate of
pay that is received by the worker. The federal Davis Bacon Law defines that
term minimum wages as the hourly rate plus the pension program and health and
hospitalization program that are furnished by an employer. I pant to make it
clear that in no instance are we talking about a union contract pens° because
the determination of minimum wages regardless of how you define it are made
especially by public agencies and one instance if its federal nnnies involved
in the City of Miami tnose determinationsare made by the Unitec. States Department
of Labor. In the other instance, if there is no federal moniee and its public
works job in the City of Miami those determinations are made by the Florida Depart-
ment of Commerce. Now i submit to the you that aside from the :memorandum which I've
analyzed and have rebuttal too. Aside from all the rest of the arguments/ Mr.
Westonargum,ent boils down to this that you somehow another are pre-empted from
lifting the minimum standards which are set by state law. You can't even according
to Mr. Weston's analysis follow the federal law which has higher standardSbut that's
nonsense because you follow the federal every single time there's a public works
04 job in the City of Miami where federal money is involved. The prevailing wage
determination that's made on that job which are incorporated in your specification
through your contractors con:.ain the t>rm wages or prevailing wages, which is defined
under that statute in which governs that job as wages plus pensions and hospital-
ization. Sc you do it ali the time. You're not pre- empteduncer those circumstances
besides clearly as you know whenever tee state legislature provides minimum standards
such as in this instance. Minimum standards of wages to be paid to workers you're
always entitled _u inc:eese those standerds. 'fou do it in building codes, fire codes,
pension tucks. Yoe knot,- the:e's a s:.=c. .aw in pension funds. You provide1,` your
employees wi.-.lc higher seand:._.i;. :e su.::,.it to you that Mr. tti'estonipositiorincorrect,
but IL is sort: of 4... ciish of ee eo •,:.eau here end tell you that Mr. WEston is wrong
and I'e reht. its fo!%_.sh because ,. a' re hot a judicial body to decide it. What
m caking you do a': _ leeisl.lti' ... bodv is to determine yourselves whether there is
a good reason for a iat•1 to ereeect a worker's pension benefit. Whether there is a
good reason for c law to seo'.c:ct a workers health and hospitalization benefits.
Whether there is a good reason for you to look at the law which congress passed to
protect workers working in the state and the City of Miami with this federal money. e
A Whether there's good reason for you to adopt a kcal ordinance which -by the way,
the model you got is adopted ;seen. W"methee there's good reason to adopt a local law
patterned after Davis 3acon. And, after you decide legislatively that such is good
law pass it, let somebody challenge it as your laws are challen ed all the time and
let your city attorney be directed to argue end _et us be directed to argue _
that the attorneys of Jacksonville, City of North Miami Beach, 0pa Locka, and Hialeah
were and myself a; an attorney for employee organizations that we are right when we
say the law is 1;_e.. . That we neve authority on our side when we say the law is
proper exercising eeeir ocwer. You decide,' say you,whether the legislation is
fair and just. Let the courts decide whether its legal. Mr. Mayor, of course, a
great deal more argument to give and c great deal of discussion. But as I said we
do have a division of this. We beiieae that the matter should ae decided on different
levels. On the legal issue I think I've expressed myself. I'm prepared to answer
any questions on the st:tutea themselves and the conce.t pre- ernption. I would
aside like eo :etuind you that to deny this legislation is in effect to say that
two contractors both bidding on the tab, One contractor who peys perhaps will pay
the .:e\:1:__i1: wog, scti Late _ _ '• 1_ _ida soon that $3.00 an hour, plus a
Jll !t for _ :._ mot': c.:L: l•i'__ bv_nef ; That Some where or another
he ua•.:u''.c Le ✓eit.._i 1 for encoLr; _ '.t; his ,;J:I iloyees to develop a health and
hospitalization and pension p eogra:'i. he sace d be penalized because he's contractually
obligated to pay it and he should therefore have an unfair competition for somebody
who wishes to pay only $6.00 an hour :.c' nct ray this pension program that we say
is so beneficial to the citizens of Dar-!c C.D nty, people who work on your public
works b there. You must remember t!:ae the state prevailing wage law which only
talks .:bout that is the hourly weee received. Anyone of the unions involved
in cont:act ne:,otiations that ask for six, seven, eight, dollars in wages and so
many pennies an hour for pension pro,^,rcros. Anyone of those could take their tension
programs and tear them up and can take r.eaith and hospitalization plans and tEar
them up and add those pennies to their wage. And then the prevailing wage would not
JUL 1 1976
be the six, seven, or eight dollars nn hour without the f r 1 nl;e ilenet it . 1 t would
be the six, seven, and eight dollars an hour plus the money that would go into the
wages from the fringe benefits and then all the contractors in the state would be
in the same basis. TheyU all have to pay a dollar amount which was equal if
you didn't change the law. There's only thing that would occur from that. You
would be discouraging the development o;: health, and hospitalization plans. You'd
be diaccura^__ig the development 0 'J'_":.`' ._` n . i .::2s and surely of all. peop1 e our
City Manage:. shou ..; respect Cie :1' : _tople to 3et pension ;)l.ans . I submit
to you Mr. Mayor and -aci2s and gentlemen of .he dommission tha the must important
issue is whether: the legislation is a gocd one. Now, Mr. Westo c was discussing the
law. The Miami Herald discussed the facts in an recent editorial. whi.'Ii I. think
it would cost you ( I think they said 20% more). Did that anpea' in the editorial
or was that something somebody told me? I think they said it would cost 20% more.
Interestly, the same. Miami Herald and I'm not arguing against t..e Miami Herald
because once they wrote an editorial favoring Union Carpenters. On Mat ?.;, 1975.
they wrote an editorial which said"As Florida's carpenters prov_ utlions can face
reality too". In that instance the reality the Miami Herald liked was when tile•
carpenters cut their wages $2.70 an hour. That's a reality that the Miami. Herald
likes. The workers did it voluntarily, they liked that reality, but the $2.70
an hour that they cut out of their wages did not require any cuting from their
pension program and their health and welfare programs. And, t.le Herald didn't
argue that that program should be abolished too. Which, is wiat is behind the
whole thing. There are contractor who don't pay these benefits. Now. one of the
obvious logic -- no that's a contradiction in terms--- on_r of toe obvious
illogical fallacies of this 20% argument is that no fringe benefit Tankage in
existence in any employer, employee relationship is 20% of the wage pAik.age.
For example, the carpenters happens to be about 12%. There are some t'm sure
they're as low as 5 and 6%. So we have computed since the carpenters c onr;t i t utt•s
a very large segment of the building industry. We've concluded about 12%; must
be the average probably a high average, but that's 12% of the Libor package.
So for the Miami Herald to suggest that its going to cost the Citizens of Miami,
of which, I am one and pay my taxes to. That its going to cost us 201; of the
overall construction cost is nonsense. Because if the laborer package on .i job
is 25 or 30% of the overall job cost, assume that's fact. 25 to 30% ll1 the overall
construction cost end if the f_in;e benefits .__-e only 12% of that in a else of a
25% wage package you're tall:ii L; about ;3 _ n.'t effect on all of the construction
package. but that's only if you fir- -.':Or•. _ 7erien^_e that the people who don't
pay pension benefits are in fact :iduint' lowest i'hen ahoy jfind
bid on jobs that's+
not a fact. T-he fact is that union contract rs, t:.zt is ous .re:,n, wi'c pays the
prevailing dollar wage per hour and a_: support pension ;lroggra".ls and Also support
health and hospitalization programs are e.;t Sidling the contractor who isn't paying
these fringe benefits. And in those irtstE..:=es weer: those contractors who aren't
paying the fringe benefits get the jog, :.:e percentage di; ftren.:e Ls do small this
city can afford to uphold the doctrine of pensions and health had hospital programs
For an example, on the Delaware Sanitary & Storm Sewer job the .anion contractor,
that is the contractor who is paying the minimum dollar wage per hour ;,l u.= the
fringe benefits in pensions and health and hos;oitalizat-ion pun:,, he was the lowest
bidder-$1,740,550.00. The contractor who did :lot hid fewest who does not pa: those
fringe benefits bid-$2,308, 164.O0. Cne ;;oneers why a whip.. `or :rector--- what
happens to the extra money when a union ccntracrc: is the bidder on so many
of your jobs and he pays his pensions and his health and ho pit:. izatio; and the
non -union contractor hide more to get :tour wo:.. and doesn't pa; his pension and
health and hospitalization, there's only one eenclesi:,-i I can rear.:, ne's putting
the difference in his pocket as profits which ci 1tied to _ aasume. But you're
not entitled-- I think you ht_ve the right to ..a:, you want all those businessmen to
be on at least an equal footing and that r-e minimum standards :that you put in the
bid will be the minimum standards t.iat you have adopted from the federal law. The
minimum standards. Now, even in those jobs when_ the non -union ccl;rraetor and
again I'm only using non -union contractor as a convenience. The fact to describe
the difference. The fact is that there mess `.e :-1r.ny eon -anise. .:crtrartors who
provide Some k .ri^ of neal`h and t,. _ -' �. i,_' O ? 1n :Ur.:n C•L fTr their i. ;.1 uyl•i•:,.
We Mast: have _ - fact,
they pay SueG UeaC'fit:, to
their e=p4.c, +_2s will: '_e .. Jl _C C.. fl :'.'e J•?:'_c: 011: extra ..itrc? You lrrinw why? Beeanae
this propcsc u ordinance says: either it into a fringe benefit into a_ Deny ion
program of healtli ur c hosp.taliza .i cn _ .giveworker ill I i
., � "'�',r,".._L'1 or you 1'' to the V,'n ti!
pocket one or tee other. Eu: you're pu.:r__:r hie on an equal dollar basis lot -
competitive purposes. And, even in t„U.:e instances, when non -union f:,mtract (Mrs
have bid 13wer. Inc difference in ante =_astanr€ was 77. Another instance wa!-. 6 ..
Another instance 6-_i there was a difference. Now, I think that I've spoken enough.
I would like ycu plea!•e consider the esse-,tia1 value of this form of legislation.
I would like you to consider that the fact is that the term minimum wage as used
in the state law does not include fringes as it does under the Eedural Davis Bacon
JUL 1 1976
law . Only cause the attorney general defined the term wages as not to include
pension benefits. That's the only reason you know that anomaly indifference
occurs. I'd like you to consider the essential fact that the state legislature
passed these minimum standards to protect workers. We're asking you for only
thing to go higher in the City of Miami so that those minimum standards that is
only the dollar paid Into the man's pocket- be only the starting point. We're
not sugR e L io ; to you for a moment that cr,: in anyway and there isn't a word
in this crd:narce th;:t you in anyway tat:- :•.bcuL awarding union contractors because
nine unto con.-acto_-s can out bid :tr.ion contractors too. Only that you
understa,i, this is essentially a benefice of beneficial legis: ation for working
people. Thank you.
Mayor Ferre: All right, now I'll recognize the other side in a moment but I
have a question that I'd like --- let's get away from the philosophy for a moment
and get down to practical numbers. Mr. Andrews, let me ask this question, if
we use federal funds at the present time with the Davis Bacon Act or whatever its
called, do we have to do what he's talk;.ng about?
Mr. Andrews: We use the required schedule publish2d as part cf the documents.
Mayor Ferre: Now, I'm just trying to think we have some bond issues that we've
passed that probably do not use federal funds. But for example, in our sewerage
work we use federal funds there don't we?
Mr. Andrews: In some instances. Certain instances.
Mayor Ferre: Well, that arethe jobs that we do that do not have federal funds?
Mr. Andrews: Most )f our general obligation bond work. All the parks for people
bond work except where we may find that we couple those bond programs with federal
funds then in that ase if there is that kind of restriction we'd have to adhere
to the prevailing wages prescribed by the federal government. Without those
restriction then w would use the minimum state schedule. Well, now you've been
in the city for 29 !ears, you started out in the enginering department and what -
have -you, so you're fairly aware of all cf this. In your estimation in the last
couple of years, ho.; much are we talkie about?
Mr. Andrews: ::e11, rather than my giving you an answer recognizing I've been
away from that for about 15 years,and I'm not hedging. This assignment was given
to Mr. Grimm and he went back and he analyzed some 40 or 50 projects involving
some 30 or 40 million dollars and he's prepared to give you the best kind of
analysis we were ab_e to do within the time,I think it made a lot of sense to me
when he presented it a.::: you'll then have that kind of factual information on
which to make a decision. And, please Mr. Mayor, I want to do this for the
entire Administrative staff, we're not trying to influence the city commission
one way or another. And it is a difficult decison you have to arrise at the best
we can do is provide you with factual information as well as we can develop it
so that you're in position to make a decision. This is not an administrative
decision. This is a policy of the city commission.
Mayor Ferre: I understand and I accept that. Mr. Grimm.
Mr. Grimm: Mr. :layt,r; and members of the Commission. In the last couple of
years we have nor had too many federal sewer projects or federal highway projects
or even federal ;a Lding projects, except as Mr. Andrews related. In order not
to make this lon4involved I went back from October of 1974 through June of 1976
a 20 month period and took every contract that the city had completed in that
period of time. The total number of those contracts was 82 different contracts
in the 20-month period for a total of 20.8 million dollars, 39 of those contracts
were done by 21 different union contractors for a total value of 10.6 million.
Mayor Fern:: Repeat .:gain 82, for how much?
MR. Grimm: 82 for 20.8 million. 39 of those were done by 21 union contractors.
In other words, some contractors had repeat contractors. For 10.6 million dollars
Mayor Ferre: Which is a little bit more than half.
Mr. Grimm: 43 contracts were awarded to 23 non -union contract.)rs for 10.2 million.
As you can see the numbers are fair split which shows that com)etition is uniform.
And, I must impress that the city provides in its specificatio. a quality of work
for the lowest quality bidder. The specificaticns do not prec'ude or favor union
JUL 1 1976
or Iron -union contractors.
Mr. Kaplan: Mr. Mayor, one quick response, weeld you kindly ask your represent-
ative how does he know that the 10.2 million dollars of eontrirt prlet'- that were
gotten by some 43 nine union contractors did not Include some payment of fringe
benefits to employees?
Mr. Andrews: " :r. Manor, with all due respect, we didn't interrupt him ----
Mayor Ferre: Mr. Andrews, I think that's a valid statement le's let Mr. Grimm
make his full presentation. If you've got any geestions you w"itc them down and
I will recognize you as I will recognize ----
Mr. Kaplan: Sir, I thought he finished that's the reason I popped in.
Mayor Ferre: All right, Mr. Grimm you continue with your presentation.
Mr Grimm: Well, Mr. Mayor, I've concluded on that portion of it, unless you
have some other questions ----
Mayor Ferre: Well, yea, of course, I have the question
Mr. Grimm: Well what is that question?
Mayor Ferre: Well, the question is have you reached any conclusion yourself as
to the petition that's being asked,what the cost of it would be to the City of
Miami and how much in your estimation is involved. Now, you've told me that these
20.8 million dollars is from 1974 so I would imagine its for a 2-year period.
Mr. Grimm: 20-month period.
Mayor Ferre: 20-month period ok.
Mr. Grimm: If we assume that all of the union contractors paid all of the benefits
involved we have to recognize that there are three factors involved. One is
minimum state wages and one is union minimum wages. Now, that doesn't: mean that
because we have minimum state wages that a contractor is capable of hiring somebody
on the street with thee. There's that th=.rd ur.official rate of pay that he must
pay to get an equipment o:erator or a leeorer oe pipe layer or whatever it might
be. If we assume, ar.d most of our work now y:.u`ve get to remember is public works
type- sewers and highways which is tr.2 ':,iggest volume of work. That about 60% of
that cost goes into labor and equipment and 40% goes into material . We assume
that about 12% or 1.2 million dollars of the non -union workers. 'I'ltat would be the
increased cost if that same amount cf money were done by labor union.
Mayor Ferre: You are saying now that the difference between union and non -union
operation is approximately 12% of the total bid price. See, because I think what
Joe was talking about is this statement it the Miami Herald editorial which says
a 20% increase in cost considered minimum by general contractors. And, what you're
saying is that is exaggerated by 100%.
Mr. Grimm: Well, our figures are purposely conservative Mr. Mayor.
Mayor Ferre: I stye, so it would be 10 to 12%. Ok.
Mr. Joe Kaplan: Mr. Mayor, I take strong issue with these figures. First of all,
the proposed ordinance does not say that the contractors have to have union contract
it merely says they have to pay the prevailing wage which they now have to pay
plus the prevailing fringe benefits teats all. If the prevailing wage is $6.00
end the prevailin; fringe benefits are ;I.00 _:,.: contr:c+:or has to pay $7.00.
The ur:ion ;ontrac: may _,_ 1 • l.1.30 t_lat f ..Drhing to uo w:.th it. All the
non -union contracts-: ._..GLoc.o :f 1'.c was to -_ gt the jc', is to .'ither $6.00
5
in wage:, ,:r_� 1.00 :o 'glue crcss or ":-D3 in the nockot of t- i ..
workers.
He could ati_1 out bid the unizn cent::aeto_ . Moat's number one. Number two is
if he took 10.2 million dollars of �otai contract price which was rotten by
nitre union contractors and if you even assume that there's 50% of that 10.2 million
dollars which is wages , assume that. You're talking about some `i.l million
dollars of wages which go into that contract. Now, I submit to you that in
order to get a more realistic figure you've got to take the exact figure that
fringe benefits cost and they cost in the neighborhood of 12%. Now 12% of some
5 million dollars is a lot less than 1.2 million dollars. lt'e what -- ;trout
500,000 dollars. Now, that's 500,000 dollars increase price for ''.tl-mouths, that's
what the additional expense would be to the city and that's only .es uming and there
fa') /
LJ
JUL Z 1976
is the major assumption that the non -union contractor didn't pay the first dime
to any welfare program of its own.
Mr. Plummer: The one thing that I hate to do is to spend my wheels and see my
colleagues do the sane. Now, Mr. Mayor, this Commission has always pretty much
down the line and I :an't ever recall overruling the City Attorney. Now, I have
listened as I think you have even though I couldn't get a yes or no answer that
it is not within the purview of this commission to pass such legislation. Ok.
Now is that what I hard.
Mr. Weston: That's correct.
Mr. Plummer: Thank Tod I got a yes. Now, all I'm saying to you is I don't
recall in my six years of being on this Commission that we have ever overruled
the City Attorney. Ok, Joe?
Mr. Joe Kaplan: I can accept that.
Mr. Plummer: I'm not arguing the point to the merits because I'm sure Herb's
got another side. The Manager's got -- I'm saying before thie man J.L. Plummer
votes that problem is going to be resolved because I know one thing the first
rule that I learned in politics is that if I overrule the City Attorney and vote
to the contrary I am personalyliable. Now, guess what ain't no way that I'm
going to be personal liable for a minion to 800 or any of those kind of figures
that I've heard banding around. Now, my personal opinion is you disagree, fine,
but ---
Mr. Joe Kaplan: But do the City Commissioners of Opa Locka, North Miami, HIaleah,
and Jacksonville.
Mr. Plummer: Joe, I don't disagree. I'm saying that man who I have to rely on
has made a ruling and until I vote or I'm not going to vote until the two of you
can sit down and resolve that problem out. Now, I don't think any commissioner
sitting up here is going to voi:a in contradication to the City Attorney. Now,
you better fend that out because I'm telling you how one feels. When you get
your legal problem resolved out, fire. Then we can go into the merits of the
case, but I'm just telling you from the standpoint of one I'm voting against
the City Attorney.
Mr. Joe Kaplan: So be it.
Mayor Ferre: All right, now as chairman I would say that the statement made by
Plummer is absolutely true. This Commission in the seven years that I've served
has never in my recollection ever voted on something cont_ary to the recommendation
0 of our city attorney. However, I find that -- I find it difficult and strange
that the City of Jacksonville, the City of North Miami and the City of Hialeah
have done otherwise and obviously whac that means is that there are four city
attorney's in the State of Florida that ion't know what they're doing. Now, it
may well be true and I'm in no way trying to argue with Mr. Weston because he is
the acting city attorney and I agree with the way that he -- if he's going to rule
is going to rule. It seems to be that since we have now let Joe make a 15 - 20
minute presentation that certainly the other side is entitled to be heard if they
wished to be heard. And, I assume they do want to be heard at this point. Then,
I Mould like to rule as follows and then you can either accept my ruling or over-
rule me if you want. I would like the city attorney and the representative
of the union and the representative of some contractor that are here to get together
and discuss the law. Call the city attorney of Jacksonville, Hialeah, and North
Miami and try to resolve the legal differences, if there are any.
Mr. Joe Kaplan: Can I suggest that we ask for an opinion of the Attorney General?
Mayor Fcrre: I think that's a good idea that the Attorney General also be
consulted en thiE and I think that woulci be fire.
Mr. Joe. Kaplan: Would you be satisfied ;ir. Plummer if the Attorney General said
it was legal?
MR. Plummer: Yes sir. Because my City Attorney on a number of occasions has
turned to the Attorney General of the State of Florida for his ruling and he has
always acted as to the Attorney General. No question ...
Mayor Ferre: With that as my question as the chair, if you wish to be heard I
will recognize ycu sir.
yG
JUL 1 1976
!' 11n'iInI iaM
F
Mr. Herb Goodwin: I'm a consultant engineer and 1st Vtce Pr.esident et the
Gold Coast Chapter of the Associated Builders and Contractors. So, that we
don't waste a lot of time here this afternoon. I know your time .is; valuable
if this Commission will move to table this item until. such time as it be
given adequate consideration on the parr. of your attorney, the Attorney General
of the State of Florida and other parties concerned I think that would be
the ---
Mayor Ferre: All rig t sir. Is there such a motion then. Mr. Pluiliver?
Mr. Plummer: Yes, I' 1 offer a motion at this time that the C..ty Attorney be
instructed to draw an opinion on this matter from the .Attorney General for
clarification.
Mr. Herb Goodwin: Mr. Plummer, would you be so kind as to include in that
if he would be so kind as to submit a copy of it before submitting to the
Attorney General, submit a copy of it to a representative of the ABC and a
representative of and that we be permitted ----
Mayor Ferre: And you be permitted to participate and submit your briefs if you
wish and ---
Mr. Plummer: That the City Attorney be further instructed tha: all parties who
register with him today before they leave their name and address will he furnished
copies of this brief. All right - give it to the clerk. All right.
Mayor Ferre: Is there a motion? Plummer moves. Gordon seconds. Further dis-
/�., cu.jsion. Call the roll.
The following motion waf introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 76-658
A MOTION TO TABLE THE MATTER OF RATE OF WAGES FOR LABORERS
AND MECHANICS WORKING ON PU3LIC 3UILDINGS OR PUBLIC WORKS
IN THE CITY OF MIAAI PENDING FURTHER STUDY, AND REQUESTING
THE CITY ATTORNEY T.) OBTAIN AN OPINION F ‹OM THE ATTORNEY
GENERAL OF THE STATE OF FLORIDA ON THIS SUBJECT AND TO
SUBMIT COPIES TO ALL INTERES T =D PA RTI:.S PRIOR TO THE MATTER
AGAIN COMING.UP FOR CONSIDERATION BY THE COMMISSION.
Upon berg seconded by Commissioner Gordon, the motion was passed
and adopted b' the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
Mayor Ferre: Thank you ladies and gentlemen.
JUL 1 1976
F
f REPRESENTATIVES OF: (
JUL -1 1976
40. PERSONAL APPEARANCE: "CONCERNED PEOPLE OF 1)ADE COUNTY"
TRAFFIC TICKET SYSTEM; REQUEST FOR CHANGE
Mr. Andrews: Mr. Mayor and members of the Commission. With permission or the
committee of concerned people of Dade County. I want you to know that this group
has met separately with the Police Chief and some of his staff and then 1 met
once again with the Chief of Police and the committee and we held discussions
and I think we understand fairly well what the objectives are. I want to indicate
they have one 3i;a; ific request of the city commission if I understand the request
unless its changed since I've met with them. With that comment 1 want you to know
that we had met with them.
Mr. Sony Ali: Honorable Mayor, City Commissioners. I'm Secre:;pry and spokesman
for the Committee of Concerned People of Dade County. I reside at 1388 N.W. 55th
Street, Miami, Florida.
The Committee of Concerned People is an inspirational, constructive and expansive
society. It is composed of people desirous of bringing about tl.e establishment of
a progressive dignified and confraternity among black people. :he members pledge
themselves to devote their knowledge, physical energy and sac_rec honor to elevate
the status of black people.
We belive in the principle of self-determination for all races and submit that the
black people of Miami and all other homogeneous black communities have the same
moral and natural right to be clannish in their patronage as other people have
dramatized that they are. We are interested in welfare, protection and security
of our people. We will challenge any situation where black are being taken advantage
of.
I am sending a delegation to represent my views on various problems confronting the
black communities and the country as a whole. History has shown that over a period
of three hundred years, that black people have been raped, murdered, and brutalized
in the name of the law. I strongly urged the commission to end all acts of exploit-
ation in the black community. My recommendations are as follows:
1. The formulation of a watch -dog ccmmitee over the entire justice system
in accordance with the recent watch -dog committee established by the
Senate Intelligence Committee over the CIA, FBI, IRS and various other
military agencies.
2. The traffic ticket system should be changed where it would work in the
interest of the motorist instead of against the motorist. Over 70,000
motorist licenses nave been suspended because they were unable to pay
for a traffic citation whithia ten (10) days. The law is repressive,
dibolical and should be abolished. We recommend that a warning ticket
system be installed to replace the present one.
3. The establishment of a liaison office between the Committee of Concerned
People and the Mayor.
4. The removal of seven (7) Dade County corrupted judges, who have sentenced
thousands of people of jail because they were to poor to pay the fine, and
without being represented by an attorney.
The judges are intellectually dishonest.
The Supreme Court Ruling in 1971 states that no person can be sentenced
to jeil because they are too poor to pay a fine. In 1972 the Supreme
Court ruled that an attorney must be appointed tc represent a defendant
who may face a possibility of a jail term.
Those w.lo criticized the ills in the society contribute more to the betterment of
the society then those who support it e.Qing wrongs blindly.
The System o oovernrnencs is on trial in the eyes of the world. Men who are
earnest are not afraid of the consequences.
Honorable Commissioners on behalf of myself and the committee, we thank you.
Sincerely,
DLvid Kenyatta, Chairman
JUL 1 1976
if there are any other questions or further discussion on the content:; of this
letter you can talk with my colleague
Mayor Ferre: All right, Mr. Ali thank you for your pre.ientdtioi► here. I'd like
to just make a few comments. 1. This commis;ton has no authority o► jurir.diction
over the judicial system of this community or anywhere. So, therefore in that
particular insteace there's nothing ve can do.
Mr. Ali: We realize that. We took this opportunity to present it I)er rise 1 t
reflects upon the government itself, of the city government.. I think you can
use your influence to see if it's ----
Mayor Ferre: I understand, but it's not a reflection on this government because
we have nothing to do and no jurisdiction at all other than as citiaeaa just like
you.
Mr. Ali: Like with you a politican and involved in government should be concerned
this is a reflection with all politicans throughout the country because it exists
... but I say the system is on trial.
Mayor Ferre: I understand that, but I'm not trying to get into a debate with you.
I'm just trying to say that we have no -- from this podium we cannot legislate
anything to change any of that. Now, the areas that we can be involved in as you
stated is a watch committee and that I think is a valid subject for discussion and
the traffic ticket system which is within our jurisdiction within the City of Miami
and liaison with the Mayor or with Commission. Now, your liaison with the Mayor
and or the Commission is something which is established by the fact that we each
have officers that we each have assistants or secretaries and that we each are
involved in different bodies that exist already within the system in which all
segments of our society participate. Now, if you're talking about a specific
liaison with your specific committee that can be established, that's not a problem.
Now, with regards to the traffic ticket system that's a complicated subject.
Because, I think most people are concerned with the traffic debts that occur and
if go into a warning system rather than a ticket system than I .pink we may he
creating -- what I';m saying is that the cure may he as bad ds the disease, if you
follow what I mean, you know.', ok. Now, with resards to the watch committee, I
agree with you. I think that's something that we ought to f,et .involved in and
I'd like to ask the administration one more time on this matter that you consider
this. We've talked about it in the past. I'm not talking about a review. This
is not a civic review or civil review hoard. ','e talked to Bob Simms about it with
the Community Relationc Board, that's their function basically. Perhaps, it might
be time for the City of Miami to get a little closer to the *problem rather than be
dependent on the Community Relations Board. I'm in no way criticizing Bob Simms
or the CRB, but they are a creature of Metro and we very rarely see them involved
in the goings on of the City of Miami, even though they have been involved. And,
those are my comments.
Mr. Ali: I would like to clarify something dealing with the traffic system. We
are speaking about a law which was passed by the Florida Statute dealing with
traffic laws. Its one Chat if an individual receives a citation. Any type of
traffic citation, moving violation, what -have -you and if this citation is not: paid
within ten (10) days, then your license would be automatically suspended.
Mayor Ferre: Is that state law now?
Mr. Ali: Yes, that's the Florida Statute, was passed .January 1, 1975.
Mayor Ferre: 75?
Mr. Ali: Right, and what this means so many people. You have many people who
use their license -drivers license, chauffeur license, as a means of income,
revenue to suppert their families and Yfe style they may he into.
Now, you have truck drivers, bus drive.s, all type of people , cab drivers,
what -have -you and as members of the United Cab Drivers Association we're very
familiar with problem. What happens is that because of economical crisis in
the country you have all type of industries, factories, business in general,
and particular throughout the country that's up against it. And, particularly
everyday people, common people, and what happens it like it puts you in a
strain. If you don't pay the citation within the ten (10) days because the
individual may have economical problem stated, then what happens is that his
license is taken away from him. But it is still looked upon him to pay that
ticket, you :ee and after that where he has to also go down and re -apply for
license thi., takes them through a very economical process----- what -have -you.
. IU!
197
So what we're saying is that this particular statute is very exploited.
Mayor Ferre: Yea, I get the point. Now, let me see what the solution is.
Because its a legislative process and that's state law a City Commission which
is lower jurisdiction cannot overrule state law. Just like the state can't
overrule federal law when it applies. So my recommendation then would be this
Mr. Andrews we have a legislative nor i.LLee that comes back every year with
recommendations on priority items for t'ie C,_t.. of Miami and unfortunately the
legistlacic:n is longer in ses.;ion :.ar. 's nothing c>>at anybody can do
until the lc;,isl_tior, convenes again. I would recommend that we instruct our
lobbyist, with the administration look into this and come back with a report
to the City Commission and perhaps then after we discuss it and let Mr. Ali
know when its coming up again we would take that on as one of our legislative
items for the next session. Ok?
Mr. Ali: I would like to know if its possible if the City Con.aission disagrees
with the law that's passed by the state. Is it possible for t.le city to sue
the state and take them to court?
Mayor Ferre: No sir. Absolutely, this is the law of the land. It has been passed
by the due legislative committee and its passed the legislative process, the
governor had to sign it or let it become law and therefore the governor and the
legislature are responsible for that law and we got to live by it. Now, any
citizen can sue anybody in this country, so the answer is yes .. person or a body
could sue and take it court, but now you're talking about a very, very complicated
matter. Mr. Andrews?
Mr. Andrews: Mr. Mayor, what the Commission could do after we've had an opportuni~-
to look at the law more carefully and find that their are changes that the Adminib •
ation could recommend to the City Commission. The City Commission could go on
record at an early date that this should be considered and begin a process which
would give this early consideration when the legislation does meet.
Mayor Ferre: All right. I would then recommend to this Commission that we do
two things: (1). That we recuest the Administration to study the possibilites
of creating within the city structure ` parallel organization or a sister organiz-
ation to t'ae. CRC that wouic in effect ''unction as a watch -dog within the city
area and (2) Than you study the arty of the traffic ticket system as presently
existing under state statute and come b:ck with a recommendation for a possible
changes at that time. All right is there such a motion.
Mr. Reboso: I move it Mr. Mayor, but before I do sir, I would like to say can
we get a copy of your report?
Mayor Ferre: There's a motion, is there a second to the motion? There's a second'
Is there further discussion on the motion? All right, then call the roll please.
The following motion was introduced by Commissioner Reboso who moved
its adoption:
MOTION NO. 16-659
A MOTION EEQUESTINGG THE CITY MANAGER TO INVESTIGATE, WITH THE
ASSISTANCE OF ":.iE CITY'S LEGISLATIVE LIAISON REPRESENTATIVE
IN TALLAHASSEE, THE TRAFFIC TICKET SYSTEM PRESENTLY IN OPER-
ATION IN FLGRIDA, AND TO STUDY THE POSSIBILITY OF CREATING
WITHIN THE CITY STRUCTURE A "WATCH -DOG" COMMITTEE SIMILAR
TO THAT ESTABLISHED RECENTLY BY THE SENATE INTELLIGENCE
COMMITTEE, AND TO SUBMIT RECOMMENDATIONS TO THE COMMISSION.
Upon being seconded by Commissioner Plummer, the Motion was passed
and adopted by the following voz -
AYES: Coami3sioner X..r.o=o ._eboso
Commissioner (Rev.) Theodore G'_bscn
Comr.iasiontr J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
Mayor Ferre: Now, Mr. Ali and I'm sure the administration feels the same way
they can speak for themselves. But I want you to feel free to come before this
Commission at any time that you want to discuss any of these items, don't want
you to abuse that, I'm sure you won't. But our doors are open. You can come
here anytime you want and bring up any subject. you feel is important critizenry
of this community and I'm sure the doors of the Administration are open at any
time. My ocfice is upstairs, you're welcome to come in and you're welcome there
at any time. Ok.
JUL 1 1976
UD
Mt. Andrews: I want you to know too that through this process the Chief
of Police has made a liaison person available from the Police Departmrttt
that they can contact.
Mayor Ferre: All right, sir. Thank you.
JUL 1 1976
UL - 1 Nib
41# COCONUT GROVE MARINA PROPERTIES:
REQUE T . TY r� NAGER TO
WITH 1AYSHORE PROPERTIES INC, FOR
DEVELOPMENT OF PROPERTIES LOCATED
AT: 2550 SOUTH BAYSHORE DRIVE
Mr. Andrews: Mr. Mayor and members of thc Commission when „e last met
in regular sesaion with reference to th4• nwnrd of proposals for the development
of what was then known as Grove Key Marina property. l asked they City Commission
to permit me to have one meeting with we, of the contractors, Dice of the proposers
Bayshore Properties Inn. tl-z` Ic :.: ' aeries of c.iestions so there would
be no doub_ in my mind as to » ai": feepeeli < could recommend _o the City Commission
as the besr proposal to serve the Cizy's .nterest. Having accomplished that step,
having reviewed the proposals I have recommended in a memorand un dated June 30,
to the City Commission that Bayshore Marina INc. and Bayshore farina Mall be awarded
the privilege for a 8 year period of providing the services thl public requires
at this location. The Bayshore Marina INc and Bayshore Marina fall Inc. are made
up of two proposals that provide for the services to accomodats marine activities
on the baybottom land and on the upland portion. Bayshore Marisa Inc. provides
services, wet storage and other lift -in and lift -out faci]itie,,, utilizing mechanical
equipment and storage facilities and provides an area for the :epair of small craft
and will also provide rental of row boats to the public. The d velopment provides
for upgrading the appearance of the dock facility and improve the boating service
provided, and improve the appearance to the property through tie landscaping and
asphalt work and repairs to the bulkhead. It also provides paved areas with utilitLes
where boat owners can work on their own boats limited to one week and constructioi
of a new dockmaster's office. They offer this proposal to the city with a minimum
annual guarantee of $37,500. or 26.8% of gross whichever is greater.
Mayor Ferre: How much of the gross?
Mr. Andrews: $37,500. as minimum guarantee or 26.8 percent of gross whichever
is greater. This proposal is submitted to us through a joint venture of Grove
Key Marina and Merrill STevens workins jointly to provide the what we can identify
the water facility of this total marine recreational activity.
Bayshore Marina Mall I\c. will provi e the upland portion cf the marine
function that will take place on this property. With your indulgence I will read
two short paragraphs from the memorandum 7 supplied to you for the record.
Mayor Ferre: Are you talking about your ;:memorandum of June 15 or June 30?
Mr. Andrews: June 30. I am on page 2. 'Extensive repairs to the interior
and exterior of the building, careful landscaping and creation of a mall effect
that will provide public viewing crafts ard skills performed by the occupants
including boat carpentry, boat fiberglass work, engine repair, electronic repair,
sail making, spar and rigging repair and fabrication, etc. Two, -the building would
be occupied individually by small boat builders, small businessmen in the marine
field who do not normally locate any building due to cost. It is proposed that this
would be accomplished by a non-profit organization that would r.rovide the central
business management and maintenance of the building. Bayshore !'.arina Mall Inc.
lists at its president, MR. Paul Andre whose memberships include Marine Council
of Miami, Greater Miami Marine Association and six other marine related organizations
as well as, --
Mayor Ferre: Paul, you are involved in this?
Mr. Andrews: He represents the upland portion, the building portion of this
project.
Mayor Ferre: Didn't you tell me that this was a joint venture?
Mr. Andrews: There are three individuals, in two separate proposals. The
first that I read which is the water portion.
Mr. Plummer: Give us a cr.st of players.
Mr. Andrews: All right. The water portion first, which 1 described initially,
is a joint ventur'., it is not show,; cn this model before you, but I am pointing to
it, is a joint venture of Grove Key Margina located here at Dinner Key and Merrill
Stevens, have joined hands to provide the water marine services.
Mr. Plummer: What is the name of that company.
Mr. Andrews: That is identified al, Bayshore Marina INc.
9%2-
JUL 1 1976
Mayor Ferret Okay.
Mr. Andrews: Bayshore Marina Mali Inc. is the upland portion pertaining
mainly to, -------the upland is offering the city $37,500. per year of their
gross receipts, or 30% of those gross receipts.
Mayor Fe: -re: The upland is $37,500.
Mr. Andrews:,-----$37,500. same as the gurantee for the water postion.
Both are guranteeing the same amount so the total of the two would $75,000.
Mayor Ferre: The other one is $37,500.
Mr. Andrews: Yes, at 26.8 and this at 30%.
Mr. Plummer: The difference in the percentage, over the minimum.
Mr. Andrews: Yes, whichever is greater, percentage over gurantee.
Mr. Plummer: Okay.
Mayor Ferre: It is all written down here on page 2.
Mr. Andrews: The two together, if you want to look at this, depending on
the volume of the business, would be a 75 thousand dollar gurantee at an average
of 29%.
Mr. Mayor I have recommended that these two proposals be considered and
that I be authorized to negotiate with these two proposers to provide the services
that were described in our proposal when ws submitted them. They meet most closely
the objectives set by the City through ~tot only the Master Plan but through the
proposal that was eubL:ittec: a d when that criteria is first met, then examining
the criteria as far as financial return to the City which can be used in a
varitey of ways, improvements and for operations. This does appear to toe and
the city administration as the most successful proposer.
Mayor Ferre: Before we lister to the different people who are going to
make presentations, I would assume, I see Bayshore Marina Inc. and Bayshore
Marirs Mall people here and I assume they want to be heard.
Monty, what is the name of your company?
Mr. Monty Trainer: The same it has always been, Bayshore Properties.
Mayor Ferre: Monty Trainger is Bayshore Properties INc.The problem is
I don't know who Bayshore Properties is. Now I know it is Monty Trainer.
Is Coconut Grove 1' rana properties here? Who are your principles.
Bill Kelly? le he here? Is Mini -Back Pack here? Is Out -Island Charter here?
Who is the principle of Out -Island Charter. Robert Anderson? Is that you sir?
Let me start b-,^_1, ardr. It says Out -Island Charter, Mr. Anderson. It says
$40,000. payx:ent for the first year read $52,000. for the remaining 7 years or
10% of gross.
As I understand the other bid for the entire property is 26.8 the other
is 30%. Mr. Anderson do you feel you still should be considered and you want to
heard on it.
Coconut Grove Marina, which is Mr. Kelly. You are saying $40,000. or
11.5 of gross, 6X retail sales gross sales. That seems on the face of it to
be under the 26 and 301E recommended. You still want to be hear.
(inaudible reply)
Mayor Ferre: Just a simple question, do you want to he heard?
Mr. Kelly: Yes, sir.
Mayor Perre: The next one is Bayshore Properties and I won't ask the
question, because 1 know they want to be heard.
Mr. Plummer: For clarification, based on $37,500. what is that a gurantee
against?
Mr. Andrews: The way to approach that, if you take about $150,000. worth
Y,3
JUL 1 1976
of business, and you multiply it times 30 percent you get $45,000, 1 you had
$100,000. and multiply it by 30% you get 530,000. So they :ire doing about $125,000.
worth of business to gurantee us the $37,50. If they accomplish $200,000. worth
of business, you have exceeded the m-nitnom gurantee and you apply the 26% against
the total.
Mr. Plummer: The point I am trying to make Paul, what you are telling me,
it is quite conceivable that all the city would wind up with i.; $37,500. That
can happen.So then if I take that as a criteria, based upon $7.3,000.00, we paid
a million dollars for the property, approximately, then what yDu are really telling
me is, we are only get a return of seven and on" -half percent of our money. We
are gambling they are going to do better.
Mr. Andrews: That is right at that minimum.
Mayor Ferre: That is what needs to be discussed.
Mrs. Gordon: I want to ask you another question for information Mr. Andrews
in regard to those two items. You may have it somewhere here. What amount of
improvements were being placed on the property.
Mayor Ferre: That is a very important question.
Mr. Andrews: They didn't specify a dollar amount, but recommended that
certain improvements be provided. That would come out through the negotiations.
Mrs. Gordon: You have no idea why?
Mr.Andrews: The descrpition of what they propose to improve is included
and I will let them speak for themselves as they present that aspect.
Mayor Ferre: I would lice to ext.ress a preliminary opinion. It seems to me,
that Out -Island Charter •:rd Coconut c'.urina Properties, when they are saying
they ar2 going tc pay 11.5Z of gross and the other one is saying 10% of gross,
when this one here for the entire property is averaging 28% of gross, you are
going to have to answer tet one for me first before we go much further. I
personally think you are :gust out of the r.onning on the face of it. i will give
you the opportunity tc explain to this commission, and I'll give you 5 minutes
each to e:tplain why you should be in the running. In the case of Bayshore Properties
Inc. I chink the situation is different. There, they are talking about $126,000.
a year to go buying the Miami property by condemnation or 8% cf gross, to a million,
and then 10%, and they have 3 separate deals which I think needs some explanation.
I think before we go much further with OUt-Island Charter and Coconut Grove
Marina properties, I want you to explain why this commission should hear your
proposal in the lace of a recommendation of 26.8% gross and 30Z gross.
I'll recognize which of you wishes to be heard first.
Mr. Allan Gr ,e . Mr. Mayor and members of thecommission, my name is
Allan Greer of the Law firm of Frates, Ficyd, Pierce and Stewart, Richmond
and Greer, representing Coconut Grove Marine Properties.
The reason the Coconut Grove bid should be seriously considered by this
body is, as you all know, there is an existing .lawsuit between Coconut Grove and
the City of Miami, now scheduled for trial September 6 of this year, involving
the taking of the business chat you are preparing to give to another private
enterprise. I don't want to get into arguing the merits of ---
Mayor Ferro: Do you represent one of the clients?
?sir. Greer: % represent une client, yes, and I don't want to get into
arguing the ^erits of the lawsuit before this body. I don't think that would
be appropriate at this time. cut the proposal lade by Coconut Grove is in mitigation
of its tremendous damages which are ru-ni._e weli over a million dollars, which
this eLty :z: y have to pay cut. We are thteopting to ameliorate and reduce the enty
that has been caused to our client and at the same time reduce the damages that
this city eeght 'nave to pay, therefore I think this commission should seriously
consider this proposal in terms of that potential claim whereas you may be getting
the large percentages from somebody else that will be nothing in comparison to the
damages you are going to have to pay.
Mr. Plummer: Aren't you also saying by virtue if von era niittlno in nn
JUL 1 1976
apf 1lcation,you substantiate the c t t ys s tight to do y4,.
Mr. Greer : No, we have not. We have reserved completely in c tlt ib i d
any such potential.
Mayor Ferre:This law firm is much too smart to make that .aistatc.
Mr. Greer: Mr. Plummer is you care tc read our bid proposal letter,
we clearly indicate that we are not conceding any right on the party. ----
Mayor Ferre: I can gurantee that is in there. Mr. Robert .Anderson of
Out Island Charter, is he here? Would you explain to this commission why you
feel we should listen to your proposal when on the face of it you are talking
about $40,000. first year, $52,000. for the remaining and a 10% gross where
you others are talking about a 26.8 and a 30Z gross, and a total of $75,000.
Mr.Anderson: Our legal counsel is not available today.
Mayor FErre: I am very sorry Mr. Anderson, this was property and duly
notifed and I apologize to the inconvenience you may have, not having your
attorney here. I am sorry for you, but we cannot pospone at this time.
Mr. Anderson: Basically our hid is based on a different calculation
of payment to the City thatn the others.
Mayor Ferre:That couldn't possibly be. He just started talking.
Mr. Anderson: The bids presented by Bayshore Marina and Bayshore Marina
Mall Inc. are based on gross receipts regarding rentals. Ours were based on
gross receipts regarding total riles and rentals. This is the basic difference
in calculaticn. It is just our opinion that our bid which ends up netting the
City much more in the long run.
Mayor Ferre: Mr. Andrews would you answer that if you feel.
Mr. Andrews: I don't think it needs any further explanation. The proposal
submitted by Bayshore Marina Inc. and Bayshore Marina Mall are both based on
total gross of business.
Mayor Ferre: INcluding rental ar:d sales.
Mr. Plummer: The big difference is on the guarantee. This man has
guaranteed $40,000. the first year, $52,000. thereafter.
Mayor Ferre: The other one is guaranteeing $75,000.
Mr. Andrews: There are two you have to consider. The sum of the two is
$75,000. and they an. higher than anyone else.
Mr. Plummer: Let me ask one other question, so we can get in a fair ball
game. What is Monty's proposal, the minimum?
Mr. Andrews: The minimum, ----
Mrs. Gordon: May I ask the gentleman one ?eft the phone a question, because
I am going to ask them all the saTe W'1.at amount of money were you
planning to invest in improving; tha property?
Mr. Anderson: That is a gcod question.
Mrs. Gordon: Did you intend to improve the property?
Mr. Anderson: Definitely yes.
Mrs. Gordon: To 100 thousand or a million or what?
Mr. Anderson: Our estimate was about $150,000.
Mrs. Gordon: Thank you.
JUL 1 19/6
Mayor Ferre: Perhaps Mr. Kelly might want to answer that one ton. Your
client was going; to spend what kind of money in improving this properly?
Unidentified p(r.son: Between 3 and 4 hundred thousand dollars over a
period of years.
Mrs. Gordon: initially, can you tell me what?
Unidentified person: It would be hard to say, depending hlw much work
needs to be done.
Mrs. Gordon: Was it just restoration type of work or redevelopment type
of work?
Unidentified person: A combination of both restoration and redevelopment.
Mayor Ferro: Thank you. Mr. Monty Trainor and his attorney.
Mr. Plummer: t would like to get the answer from the Mana;er.
Mayor Ferre: About what?
Mr. Plummer: What is the guarantee and percentage?
Mr. Andrews: The Bayshore Properties Inc. cffered for the property
in question $61,500. a year guarantee, for all cf the property or 8% to
one million dollars, or 10% in excess of 1 million dollars.
Mayor Ferre: Is that 10% of gross or net, -----obviously gross.
Mr. Andrews: l_1. to 1 million and over 1 million, 10%.
Mr. Andrews: That is just on the property in question. If you with
I will go into the other.
Mayor 7erre: 1 chin:: the thing to do :.s let them makethr'i own repre-
sentation and we will listen to them now. I'll tell you my preliminary feeling
you want to speed?
Mr. Tom Friend: c: • name is Tor•, Friend. I am not a principal. We did have
a presentation prenered bu.: my attornea isn't here so we are trying to make
do quickly. The salient points ;s one that we wish to use the ;:roperty as a
principal. Ve were not developing the property as a principal. We were not
developing the --property as a rental property cc rer:t co ether businessmen.
We needeu it fee ou'.: cwn bu iness. 1':o need to e' ane from our ?resent location.
We have been actin -chin: fer about 7 months for suitable prcoert`+. WE need to use
about 25 boat slips, Ue .re a charter business. We have about 1 million dollars
worth of boats in ee sherter fleet. 1•:E are e tcur'_st industry. We bring 80%
of our business fr= c of etate and much of ie from out of the country. They
do spend a consider -:ale a:,:ount here. We have been unable so fae to find anything
suitable.
0n the actual bids themselves, 1 am sure that if the minieums were the
only thing the city was roping co ge::, this would be a r:iserab,e return on
the rouehly 900 thousand dollars they have invested in the arcperty. I would
the r.e pe_car.tar,ee �. ..)t 1:'. N`.ey c � a ::_avy _c
, cto.:. Our perceaa, a is based on
.
src.^.s _ ..v�.r::•a:• � � :;i::�::s . .:,._.: - .Re, _ u1c. cletua��,,.
, de, is a ch; : te: brainess,
f, 1? e eepei_ =aciii;e which we do right
w .• _a= .. • :e on. the -eoate -:oat:we sell. We carry
'neesersee c?:.ration. We felt strongly
that: -,.:ration ••7e w _..t :c: _ .: .t principal, not a:: a speculator,
(4 would add ._ c c :.~_a..n c.=-1E:r.t of cc:eJ..::_::•;r. with Merrill Stevens and Grove
Key ir. a_ _a l'1 c.: ::{7__:k 1 :ichy. No. 2 it woule enable us to
grow .:.ic: of cui".,._ is pu-e sr e=. 5 '.,Te did feel would provide a good
deal or Lei : ice 1:o the ; a::lic in nai:i-:e charter boats available. All the bids
say the. 3 a 307.1n,1 to ::a in charter b acs '.;ut so far we are the only ones to
have the:. We sp,::.t 5 year: building ':..e business and many othershave tried and
have failed anc have ;one out. '.tip :eel th.: ye of bid we made was very much in
conformity with the requirements of t:.a Dfnener Key Master Plan which stated that
shops ar.d bog: _qu:2s,another surer _,..rkt_t really not what WE needed on the
water in the C±::v of Miami. I had been Hoping copies of the bide might have been
JUL 1 1976
provided to the commissioners. Had we known they whouldo't , I wocilr3 have brought
copies for everybody to look at.
Mayor Ferre: Thank you Mr.Friend. Tiiari' ynu Mr. Anderson. Mr. Trainor?
Mr. Toby Brigham: I am Toby Brigham, I represent Monty Trainer who is
president of 3ayshore Properties Inc. We have a presentation t..; make if we may.
We have a slide presentation on the concept. WE have a comparative analysis
between our bids and the next competing bid, then I would like for Monty Trainor
to state his view for 3 or 4 minutes.
There's 4 reasons by Monty Tranior's bid should he accepted over any other
competing bids. First, our concept is more in accord with the Dinner Fey Master
Plan and it advances that plan years ahead of schedule. Secondly the revenue
produced by Monty Trainor's proposal, taken singly wityout even the Miley property
will produce 3 to 4 times that of any other bidder. Thirdly the amount of
investment and contribution which Monty Trainor will give in the redevelopment
of this property, will be between 1 million and 1.4 million. Forthly there is
opportunity for the city, should it wish to do so, to acquire the Miley property
at no ultimate cost. Now if we may, we would like to show you our concept is
different. Could we have the lights dimmed for the presentation?
Sound track from film:
"Los Angeles has its ports of call, San Francisco is known
throughout the world for cannery and Chiarde]i Square.
Atlantait'sunderground, and so it goes. Well, Miami has an opportunity
to match them all. Perhaps even to better them. A totally unique water-
front park center attraction, cieveioped by Bayshore Properties Inc. Under
the im_>lementaticn plcn for this concept, Bayshore Properties Inc. would
prepaee the site at 2550 S. Bavncore Dr:ve in Miami to provide adequate
parking while retaining rnarinr facilities, opening up the waterfront,
to land -bound public, r�hi?e at the same time providing an exciting
port of call for the Sunday afcii.rnc3n boaters, as well as the entire
boating putlic, the by -land or by -sea approach drat :ccornodates everyone.
The opening up of the bayfront to the er_;:ire co_Lmueiq . There are optional
ways to do this. One would be the removal of the sr:,ailcr building and
simply divide the existing property for 115 park`_r:; spaces, with an over
head pedestrian walkway to the bayfront. Another would Le deck parking
with boat docks underneath. The ideal way however, would be to fill in
a small section of the bayfront providing par; irg, green space and
uncovered walkways. The boat shed itself wculd come a"sou_ through reno-
vation of the ef:isti.- . large building, outside and inside, maximizing
its essential character and providing optimum pace and circulation.
Proposed for the interior, is a three-story perimeter format with
an open center court, with tropical foliage, reflecting pool, in natural
lighting through a large skylight in the roof. Walk-up stairways as well
as a centrall; located grass elevator s'ould provide access to the second
floors and observation coffee chops.Much more than just a just a making
a touch-up of the original Underwood Marine building, a through and pro-
fessional re -design. The boat shed concept includes shall boutiques, snack
and refreshment centers, gift shops, art and craft shopr, boating supplies
luncheon,dinning, street entertainment, :ouriFts services, civic promotion
displays and specialty foods. T st area, boat rentals boat slips, all working
together, all complimsntary, and serving the public large, with maximum
benefits to the city.
Adjacet:t rc the ..o,)tsn i._: Monty _..airrcr' Bayshore REstaurant
and Marina, an up ....n r:.�.-c t coon iri if and one that works well
together wi, h the boatshc::c: , 01_r cJincept is the creation within an unusual
attractive and charming envirorac_: t of a wide and exciting variety of
complimentary uses and services, all cf which blend with the natural
ambiance and surrounding land :ti.r.s, both present and future. In particular
we have attempted to stresa in -:r planning, the opening up of the waterfront
to all citizens, in a manner cc .3istent with the Master Plan so the entire
Bayshore frontage can be enjoyed ey the boating community, stroller, diners,
shoppers, tourists and residents seeking short cruises on the bay, transient
boaters and people from every sector of our community."
JUL11976
Mr. Brigham: On comparative analysis this concept reaches more
of the planning objectives of the Dinner Key Master Plan which I have outlines
in yellow and would like you to conserve your purpose, to pass to each member of
the commission, n'i c^reparative analysis between this and the nearest competing
bid.
Mayor Ferro: tdr,uld you read it?
Mr. Brigham: Thle is a comparison between Monty Trainor's bid and that
of Bayshore Mall and Bayshore Marina, which is the Underwood -A -are combine
with Merrill Stevens and Grove Key Marina. Monty Trainor's bid is the best
land use with the highest concepts of the Dinner Key Master Pl.in. While the
bid of Grove Key M2 rina and Underwood and Andre, nas a very li:aited comcept
of the Dinner Key ?faster Plan, which is boat hauling, repair and storage.
That is necessary but tt is not necessary in this location bec..use this
location is unieque. This is where the history of Miami meets the bay, and
the conga; t. Xontv Trainor will preserve chat history and cratein environment
which +wii. ,.;_:... in teens of a focal point of Miami. This brings the
Dinner Key Master Plr'L alive. It will do more for this area in bringing an
attraction to the con_; unity here whether they own a boat or not, as well as
boaters. This is tot a shopping center, it is not simply a mar.:.na. It contains
the marira -nc it is an attraction, c focal point. Then, with the other competing
bid for mc.ri'ie rep:.ir and service, it is the same old industrial blight which
has blockeL the eublie Lrem ;e bayfrone all of these years and it would continue
it eight ^cre ve._r. The ?:cent`,' Trainee bit opens Dinner Key waterfront enjoyment
to the Miami c =unity, includ:lee boaters. Whereas the competing bid for marine
repair, serve t :,.:reo•.; ea,:ereec o: t::o yachtsman and shuts off the non -boating
publid. Tie :4c ;:;' a_-:cr bid provides a focal point of attraction in the City of
Miami, ut:-_._tii s one eeeservine, the _"j_vor of the waterfront and the history of the
Dinner Key uc "or ;. co=muy ants :our-_ts. [Whereas, although they say they will
cosmetir.a ._e'_ieity end _:e» •rii1 p--ovic'u a mall which will allow see
people _i:;-.J1;:s:: anti renairin, :._ ors. We s;:'bmit that provides no attraction
and prc'_o ne,a L'ee e i•ior_ :'ears, except for the y._cht-owner repair. Then
Monty Trail: I, .:_,,' i:, i ,:�i,, 'uc:i of _::e additional amenities suggested by the
Dinner Key t a .i.e: Plan. r::is will draw people to the arsa and .. tram -way be necessary
to bring Licyclist: tour buses, c_'t:isee, all of this will generate
from Ehis ice_.= c'.:::. :or tl.e perk. '. Len you cone to i._.a-�i, (I have lived here
since birth) , 11. no focal point. r u go to San Francisco, and you want
to go Fi:;h;ra;,.:.`e i:L.rf, lcu or.:r o Miami. That is there? Well, this will pro-
vide a foc.;:_ ,,c;i:.t in t e '..it.,' of :.i; i. :'urtherrore T. would 11ke to point out,
that there c:.i'. or._ it and piacc to •,roivae the benefits of the proposal
of MOnty T. r;i i -ior .,' ic. neded `'y the City of Miami, we subm .t, hut the needs
of the yacht:.nan end eeri.-_r: repair, can to met In e number of .gays, in a number
of places care.,:ghoui i:`i' fL'' lre. The need can be met elseV'iere i submit, the
Miami Rivet for :riac. Mere are c.. t::e :iiami. i.i_ver accordin` to our brief
research, alc 1 ':h :'.:ease_, there are t;io vacant., zoned waterfroct industrial
properties :cr .,ale. f;;.:re ara other 1:cat yards there. 0:.1e of them is improved.
There is not re.L,1n iIndustrial needs of the marine industry cannot be
served in t :is ar..'., -.:; c'_; for the City of Miami this unique location for
its focal eeine, t;,.*ce cannot be generated ,anywhere else.
Now; ::c:rrhe.-i::or; if there was a big need for marine services in this
area, why isa't e Grove Key Marina ant. Merrill Stevens property used more
efficiently to generar :je_e business, simply distributing the business to
here, will riot increase LtiL revenue to the city, because any percentage of
gross income '.,fe:_ch ie gener..red Jr. this property simply takes it away from
the grose incoc4, wt:...c is ,ea,..irate,'. this properly, therefore the rent here
which could ) l' i C,, i" n ' ::; _(: :.. ' ePi? T i.la go hare, and the city
gets no ter f'Q ? _ .. _ Oil rener•_�er in April of this
year, :C:',e �. icy ' p'.t a restaurant here on an
acre . i:C. c t.r � r ... -..._ ...... __ .,z . eet demands space for hauling
and r.e eir c: they .fr_r;, -_' ac, :..:_s area,why 't they do
- ''�dot:
on this acee .ere is only 1.15 acres. So we
submit it t..._r is �_ c3 : 'ou .r. this area and other places in
the c-..i::unit_', 5unot :whet :.`cn_y Treeeee . _oeoses.
Now, ::r.c . _::Zccpi super- . _ . _' :_ talk about revenue Co the City of
Miami. In tee : i_t. ri ce '_he ;;ua.--ir,..; -' minimum of Monty Trainor for this
property, ':_ seat:R..00c prcpa_ty, but that is against S
- ' � -• g up to a
million dollar-- and 1G,. over a million collars. Because of the quality of the
enterprise, tha ;'ro. s ; nccme ?-_::= is cf c,. different nature than the gross income
of Grove Key `'ar ina and Merrill Steven:.• . Their track record has been, not to
produce, in .,ie case of „rave Key Marini., ,..3ove their minimum on a property
JUL11976
A
which iq 5 times the Site of the property they hope to get here. This year was
the highest rent they paid using 6 acre:; of property, $40,000. Why is it expected
when they will be taking a property t:n .s only one -fifth of thin size, that they
will ever produce mere Cean the minl,nm:i that they speak of. Why is it
that Merrill Stevens, who r nts a f:•o;a !lie bay with two huge hangars of some
55,000 sa. f`. cniy produces 100 thou:.:aad dollars of rent to the city whereas
this property which is less than 20,030 sq. ft. of building, and less than one-half
acre of land, they are attempting to lease, they say is going to produce 37,500.
how could you under those circumstances expect there would ever be much more than
the minimum guarantee. However, in this case projected rental .zhich will include
rent based on gross income of the businesses thereby, gives the city a percentage
of all the business that goes on there, is projected very conservatively the
minimum of 2 million dollars. That would produce an additional 118,000. or an
expeced 180,00C. per year against the combined ----
Mayor Ferre: Repeat that last one,
Mr. Brigham: Based on a projected conservative gross income from this
enterprise on the Underwood property alone, an 8% of gross receipts up to
1 million dollars, plus 10% of everything over a million dollars, would produce
180,000. per annum to this city.
Mayor Ferre: But your minimum guarantee is 61,500.
Mr. Brigham: The minimum guarantee would be 61,500. The point I am trying
to make is that it cannot be. reasonably expected that our competing bid of Grove
Key Marina, Merrill Stevens and Underwood and Andra will produce much more, if any
more than 75,000. a year which is their guaranteed minimum. But it is reasonably
to be expected because of the nature of tis operation, that there will be a production
of revenue to the City based on the percentage, which will be $180,000. Plus the
Miley property, You may :not be ir.ter6ted in that and T don't want to complicate
it, but the Miem_ News says is ie 'goo :om icatec'. I think it is very simple. You
have an osportunity to acquire property, .=::.:' ha-e that property pay for itself,
plus a profit. If you were interested,, the bid also provides a minimum guarantee
as to that, 64,500. plas 3 of a million dollars and 10% over a million, projected
annual gross income, based on the treck record of Monty Trainer, in 5 or 6 short years,
would indicate a million and a half gross revenue which would ;live the city in that
case 130,000. or a combined total if you want both propositions of $310,000.
Mayor Ferre: Let me slew ycu down so I understand. What you are saying
is on the property next to the subject property which is the Miley property
that Monty Trainor presently has, where the Monty Trainor restaurant is, that
you would sell that to the city at an agreed price? Ts that what you are saying?
Mr. Brigham: Monty Trainor doesn't own it. Monty Trainor would receive not
one penny from that condemnation, but the owner, through the efforts of Monty
Trainor, is agreeable to part of this concept to have the city acquire that
property through emi:.ent domain proceedings. The cost would be recouped in 10 years
with the rents received from this property.
Mayor Ferre: He wouldn't guarantee that.
Mrs. Gordon: Would that have to be paid up front?
Mr. Brigham: --$450,000. up front, the balance in 5 or 6 years at
a reasonable rate of return.
Mr. ArvIrews. Mr. Mayor ray I beg ycur indulgence please. Better ask them
to stick with Lhe facts as they presented them in the proposal. You are going to
end up in a negotiating process.
Mrs. Gordon: We are not negotiating.
Mr. Andrews: He is adding things on the chart that they did not present
in their proposal.
Mayor Ferre: That may be, but the fact is that we are trying to get
information and I think this commission and the Mayor are entitled to ask
questions to be properly informed. It is just that simple. I want to know
whether or not the owner of that property, whatever his name, Miley, has set
?ei
JUL 1 19Ib
A pride on the property?
Mr. Brigham: Yes, he has.
Mayor Ferre: What is the price on the property?
Mr. Brigham: $950,000.
Mayor Ferre: Has that been told to the City Cotnni99ion?
Mr. Brigham: Yes, in our bid document.
Mayor Ferre: You say it is a $450,000. base and the balance would then
be $500,000. would he over 5 years? •
Mr. Brigham: Approximately $120,000. a year.
Mayor Ferre: Ycu are saying if we take that property either eminent
domain or negotiate it, or what have you, that there would be a minimum
guarantee of $64,500. on the part of Monty Trainor, and you are estimating
that it will average $130,000. a year.
Mr. Brigham: ----for the Miley property alone.
Mayor FErre: I am trying to get clear what you are talking about.
Mr. Brigham: He also guarantees as a credit against rent to advance
enough money so the city doesn't have to come out of its pocket to make the
annual payment other than,
Mayor Ferre: Who guarantees that?
Mr. Brigham: Monty Trainor agrees in the lease document.
Mayor Ferre: What you are saying is, once we put up the original
$450,000. the other $100,000. plus, a year would be guaranteed.
Mr. Brigham: Correct.
Mayor FErre:---out of pocket by Monty Trainor.
Mr. Brigham: As far as the revenue, the quality of the gross income
because of the different nature of the enterprise here, MOnty Trainor's bid
will produce far more incotie per annum to the city.
Now, let's talk about benefits and dollar value,
Mayor Ferre: Bring back the other chart. What does it say?
Mr. Brigha:::"-- .•:onty Trainor's bid is better for the city by $105,000.
to $235,000. per year."
WE have prepaeod, based upon the actual history of rents paid by Merrill
Stevens and by Grove key Marina, an analysis of the projected income that you
might expect from the nature of their operation and Ihand that to the Clerk
and ask him to ---
Mayor Ferre: While the Clerk is handing out; Paul let me ask you,
is the compreeeoe st= Uroket:: here? 1 'Jouid }guess the e:'_rconiiitioning
is not operatioe, on for 4 :he 5 months, and there
used to -pa _ breeze: here, now it is _►b', ether way around, ----okay.
Mr. :Brigham: In eddition to the rental revenues, that could be received,
Monty Trainor's bid proposal, proposes to invest between a million and a million -four.,
in the redevelopment of this property pursuant to this proposal. He also plane
to project to spenc some $40,000. a yeer in promotion, the identification of this
property so it becomes identified nationally and internationally the same as
Ghiadelli Scuare or -?isherman's Wharf. That will benefit the city too, if you
want the Miley property. It is not neceerary that you take it.
Then, Monty Trainor is also contributing, for which he gets nothing
other than the opportunity, so $30G,00C to $350,000. worth lessee improvements
that he has 'ready placed in that property, plus 5 to 6 years of business
goodwill which he has built up there, for which he accepts nothing but the
/Od
JUL 1 1976
opportunity to continue tnue that business and mike money for himself and the city.
while providing a focal point for Mlamt !tiz(ns.
There may he certain areas of consar , _rk!ng may be one, but the
Dinner Key Mester plan. .provides for _! . ,:.;ture parking area in addition to
the parking hare, and we ccuid help e peove those parking. Them won't be
an competition to the Coconut Grove business district, because this will
draw people that have not come before, for reasons they have net come before,
and they can be distributed into that community.
The Kelly suit, if we become tenants of this property, naturally we
are going to intervene in what I consider is a very specious lewsuit, and
help the City to beat that without cost.
I would now like to have Monty Trainor address you ar to the points
he wishes to mention.
Mayor Ferre: Let me tell you that Toby Brigham happens to be one of
the smartest and most qualified attorneys in this community and I would
welcome him on my side anytime he wants to volunteer, so okay.
Mr. Monty Trainor: There is not really a lot' can add after following
Toby. I would like at this point to thank the commission for their indulgence
over the last year and a half as far as a lot of people will say, my grandiose
plans. The commission has been very beneficial as far as helping me grow as
a person, and seeing you can take an idea and nurture it, and get to this
point where you are presenting it bef_c,e the commission and press. and everybody.
Also the people who put this thin;; tcgether, and people who work with me
every day and I have to thank them. They worked very hard. .1ohn Boyd built my
model for :tc, and 3i11 Hartman did ai_. ny design work, and of course Toby is
my attorney. I have a crew, and I have tc thank them. It really makes me feel
good, for me and then, to be present_.nn this model to the City.
I think t':e_e have been a lot of ::::11sc issues raised by a lot of people.
I hope to clarify them. I don't plan: -_ r-e cut all the boat slips. It its not
going to be a super mash -et. Ir in ;;c<.r_a ee be a cultural attraction and I hope
it falls in line withchat the City of :;�.a i in crying to do downtown. I think
you are going to hove con:'en�:icr,, center end c'e have Vizcaya, the Museum this
sort of hind of ties in. The lcr,gcr ou ktep them in town, the more money they
will spend. I realize the bo.-_ting in: eoer" is the 4th largest industry in Dade
County. But unfortunately, :;hie ia the cf Miami, and I am on record as saying
a long time a•o, the City of Miami has done fore as a city, community to provide
boating facilities. Now if the rest of the citieo want to get together and do
something, let them do ie, but at the present time, the City of Miami is expected
to provide all dockage, all repairs, all this and that. Well, if this is all used
by the people in the City of :•riami th .t pay taxes: in the City of Miami, that is
fine. But it is not. You know iz is not true and we have discussed it at the
commission level. The City of Miami has been put in the pcsitien that we provided
all for Dade and Broward countien, we are the focal ao'-nt of the boating industry.
There is no question, about that. Coconut Greve :is the salting capital of the world.
I am proud of it and this is cre of the things that has made my business so successful,
is the fact we are t:: boatin; capita:;.. Whatever I would attempt to do would be right
in line with the boating industry. I have been on record cs saying the boating
industry is selfish. I don't thick they ara selfish, I just think that we can have
44 slips there, we can still have boat owners park their coats there, we are also
going to open it up so the kids that never see Biscayne Bay, tl.at never see Islandia,
that never see this, can come over here and take a boat ride for a buck and see
what Biscayne Bay is all about. People buy a hcvse, they buy a ear, then they buy
a boat. So there are ices of offs tat dc''t :,oats that L:e ,;any to let them
see the waterfront, sae what i,: liku. t hen ye but ;i ...._:'i nn rupi-..7 facility
and Spence has a nice deal cvtr S Le•r.rs , t :ev are aooe cpera:_ors,
but they 10 k it up, t'-.t_y c1on' .;.'nt ., folks __C�l:�_ ' at their boats,
,. � � •�. � , and
walkiena up and down, and I can enders- _aed it, : ecause i hone security problems
on ny dockr.. This is going to be for tee public, and nobody else. Everybody,
we want to run millions in there. Iz will generate money, it will tie in with
what the City of Miami is ::r;'ing to co with their convention center,and their
redevelopment of the the downtown arca. T have to stress one paint, because I
was told if I wouldn't oppoae a certain restaurant that was going in at Grove
Key, everybody wants to support ram. ro'.', let's go ahead, the restaurant you
approved over there, put it back in the boat yard. You have an acre of land,
they want to put a restaurant on. I dce't think that is fair. They want their
cake and want to eat it too. 1 have been over in this corner for 6 years and
I have been -Fighting it. I have been :wing to help everybody as far as the
boating. It is time to bite the bullet and find out where everybody stands.
/o
JUL 1 1976
Mayor Ferre: Monty, thank you. Let me ask %. question. You are talking
about spending 1.4 million. You are going to get the financing for this?
Mr. Trc__2cr: ._s. _re in the process of lining up some tenants.
We of couree want to put an ice cream -parlor, a juice bar, a coffee shop,
a little cheese and wine, ----
Mayor Ferre: 1 don't know which way this commission is gong, but if by
any chance you end up being considered for this, and the Manager' starts negotiating
with you, that is not a fictitious figure. That is for real, ----
Mr. Trainor: No, it is not.. I'll marry this model tomorrow.
Mr. Plummier: You have already. I want to ask a question an this proposal
Mr. Mayor. I don't deny the opponents brought it out. Mr. Brigham, or MOnty,
before the record, this requires dredging, correct?
Mr. Brigham: Not dredging, filling, this particular approach here.
Mayor Ferre: Do you have to to that?
Mr. Brigham: Our proposal does not require it. We are taking it as is.
Mayor Ferre: Tell me on the model where it is you are filling? How big
a piece is that? That would include L.t.approval.
Mr. Flamer: That is whet L was getting at.
Mr. Brigham: Our bid is not subject to that. We take the property
as is, and this concept is viable without,
Mayor Ferre: That is another subject.
Mrs. Gordon: Yes.
Mayor Ferre: The COTZliSSiOa may cr• may not approve, but you are not
going to say that if we don't approve, your bid is out, your 1.4 million, ----
okay, I just want to understand.
Mr. Andrews: I have some information to present.
Mayor Ferre: I would like to ask before you make the presentation, we
asked these people to remove this model, get the other presentation, then you
make your remarks.
Mr. Andrews: 1 think it would be better to make the remarks while the com-
mission can look at the model, then we won't have to come back to it later.
Mr. Crouch has the ..parts up here. I would like to refer you to the first
chart on my right here, which indicates, --I am using the figures that were
presented in a public proposal, ---let's assume there is an annual gross sale
of 1 million dollars and the revenue to the City would be 8%. ?her is 80 thousand
dollars per year over a 30 year period. That would represent 2.4 million dollars.
The land acquisition for the i.i.ley property and the attorney's fees represents
$1,010,000.00. The total ;revenue to the city based on the figures supplied, --
you have to start at some point. UE haw_ the snare in the Southern Bell
negotiations, in that -r.avc to s•ele,A ':c point at which we have to analyze
these things. Fcr 10 vat ,-•---c,hro'host this whole process, the
figuree ar.! years produces 2.4 million dollars.
Now, toe i:.: . acguisiti i sLa`:.(1 in their proposal is 950,000.
with att:c_.tc; `:: fens and o, l,er cmount to about $60,000. The land under
condensation t'.:.'A, (the_': proposal i:; based on coidemndation which I have to
make an asaureptIon ha;: t.) c o , ..th p'!tntiality of saving some tax dollars)
of $1, 013, 000. 00 . The f i_ .ncin ' for tLat is, the owner would be required to
make a pay;cnc of :475,000. and the attorney fees of $60,000. which is an
initial cr,onse of t 535,GCO. t• .:::r 5 rnnual payaents at $104,314.00 totalling
$625,8S4.Q0, ciis totals 1,260,324. :hat must be then subtracted from the
gross retu-n to the city for just the Miley property, and that would $1,139,116.00.
The City Conm4scion has given direcClem; to condemn this property, that process
is at some state- at the present time. If we are going to do it, we have the
$535,000. avaiiaale and has already been programmed. WE could go ahead as an
MIFITI?!PIPC IIP1i1F111i9 7
JUL 1 1976
independent venture, acquire that rectturant as nuggested by Mr. Monty Trainor,
and then after acquisition, as we have in so many instances, offered it up for
public bidding and we could anticipate a range between 20 and 30 percent. I have
used an average o` 25%.This would produce an annual city reven.ie, on the second
chart, of $250,000. a year. Over 30 years that is 7.5 million loliars. Subtracting
the land acquisition expenses again, $1,010,000. we produce $,,480.000. and now
we have an opportunity to use that money as the years roll by .n a variety of
ways of different kinds of improvements. The independent propo;a1 for the property
in itself, is less than that which is supplied by the other tw) proposers and
in my judgement, and in my judgement, while I recognize this m.:y attract more
people from the community who would come to this facility to b, near the water,
of course that is one of the city objectives. One of the prime objectives of
Dinner Key also was to provide increased marine servicing and recreation and
the proposal that we submitted was based on that and it is my 'udgement that
the proposal I recommended to you, as supplied is a higher seriice level insofar
as servicing the marine industry is concerned. So that is a consideration that
the commission would have to waive.
Rev. Gibson: Let me ask this question. What you just got ,trough saying
kind of bothers me. I thought these bids were put out on the same basis.
Mr. Andrews: They were. We were very careful, not to try within the
scope of the use of this property in the Dinner. Key to limit tae proposer
from using his imagination as to how this property could be best used in
conjunction with the master plan which provides for marine oriented function
as Dinner Key.
REv. Gibson: When you say service to the marine industry that means one
thing to me. Marine industry in my language is boat business. 1 want to make
sure, because I am going to ask a question.
Mr. Brigham: Mr. Mayor there are at least two things that the City Manager
has overlooked in that presentation that I might address myself to if I may.
In the first place, the million dollars is based upon past history. That:
is what Monty Trainor in 5 or 6 years is grossing from his business. He has a
planned expansion of the rectaurant facility which add quite a bit more than
that. So our projection is for a 1.5 million. However, the consent of the owner
is part of this package because Monty Trainor, if you want the Miley property
as part of this package, is throwing ir. his $350,O00. of lessee improvements
fr4_ and his business goodwill, which, if the courts allow the property to be taken
would have to be paid by the city in addition to the acquisition price. So we
still feel that this tackage returns the best proposition for the City and it
would be a partial taking because there is property across the street as well.
It is used for parking.
Mrs. Gordon: Did you hear that Maurice?
Mayor Ferre: n7, I didn't hear that.
Mr. Brigham:Mr. Andrews was suggesting that if the city condemn this
apart from this bid proposal, that they would come out better. There is some
question as to whether the court would permit the taking. Thera is a question
as to whether the owner would consent to except as to part of :his package.
But assuming the courts would allow it and the owner proceeded, it would become
a partial taking. The lessee improvements would have to be paid :or, the nature
of some $35O.000. which Meaty Trainor is putting into this package. He gets nothing,
I get nothing, those artorney's f:.es all go to 'Ailey, and there would be the
goodwill of his business as weal.
Mayor Ferre: What you are saying, besides the value of the property,
they would have to pay for the improvements and the goodwill of the ongoing
business.
Mr. Brigham: If the property could be obtained through the normal condemnation.
Mayor Ferre: Thank you. After we are through, it is all open again.
(inaudible conversation)
Mayor Ferre: As chair, I will rule that even though his presentation
II !i1ioIPIIII!UIIPl1l .0101! I1I!11I$li 1 II PIIIIIIuIIHRIIIIIIIVlIIII
/6J JUL 1 1976
lb over, not: it is your turn. After you have made your presentation, if
any member of the commission has question. of Mr. Trainor, that that is
fair game.Oey': ")o you want this removed. or no. You have presentations
to make? Al?_ ri ',`, Mr. T-s_nor. 't _ c:- e your people remove this and
we will te._;c eute beeaic :h::. ?_c is beinL, done.
NOTE: After j minute recess, the Commission reconvened •Tith all
members present.
Mr. Paul Andre: My name is Paul Andre, 1 am president of :he Bayshore
Marina Mall. We have been fnvored by the recommendation of the City Manager
that our bid is in the best interest of the City, and the over.ill plan of
the marine development as expressed in the Master Plan, which '.aas approved
unanimously by this commission, a couple of years ago. The need we have in
this area that we are talking about, there was some downgradin,; of the fact
that the marine ndustry can go anywhere and do the same thing and have their
facilities. I mold that is not true, ladies and gentlemen. No. 1 our area right
now is losine ,; ron:•iderable amount of money to Broward County because the marine
facilities ere catutot handle the work that is required. I have, asked John Greenleaf
of the Marine Council to give the statistical facts that have been developed by a
Marine Countil review and he will give that fact to show what _t is like.
Basically our concept of what we feel this property shout,', be is No. 1
of course , certainly the old bu!ld_in,; needs help on the outsi.?e. It has done
a lot of work :n ies years. It is 'e'ee :rite of the original Donnovan's boat yard.
This is ehe place where it all started in 1914 and the use has been consistently
ever since a marine -aciii t.y. use are re.:'_>rring to the upland part.. that the build, .6
will be com:eetely re:curb_shed. Ferin._no, Grafton, Spillis, Candela has prepared
this overview foe us, eh an idea o" ,.,:.a can be done, which we propose to do on
that basis, end we would create within tee building a mall effect through the
center and the smell grees services woeie be coming off this mall effect.
Mayor Fe: 'ehat is a mar -in:. service?
Mr. Peel _;ndre: A mer_ne :_c_rvice 13 a sail maker, a canvass shop, engine
repair, out:,1.._ _- ,:._r, r .•y
ai items of this sort. The comment was
made that wa ?ae _ pu ___ ar op-:ortun ity to se` this. In our
plan and wc.:, spelled out, that we propose that this
second story baico: aee et: :mall area would be reserved for ehe public, that
wishes to ;et down to ti« water, can walk up here,
Mayor Ferro: Open access?
Mr. Andre: ----•open access, yes, sir.
Mayor Fee -re: How about the existing structure? Will you leave it there?
Mr. Ar:r`: Yes, it will be left there. Ic is not necessary to demolish that.
The people can i..-m here end :latch a sail maker at work. WE are talking about
skills that haq.. „c.. o it io:, time ago that we are trying to revitalize in our
young folke. Ti:-.__ .._,_ so;m Chet are rel:icay getting lost. We are talking about
a place where th c:_:; .;al':•. _ n a see the,;e things. ;here are open top by the way.
WE strongly -cG'. ti,_.:: is .::; use th;a e .:s intended in the Master Plan. We have
projected our figures on thi:;. W are tel'.:.eng about an 8 year Lease. Unfortunately
Mr. Trainor is taikin; abou_ 53 yeaes. There is a considerable difference in tying
up a piece of property io:: that length of time.
Mayor _ c_ ..... ':- .:;uc:h icney .re you gong to spend cn this building.
eliend at least $150,000. but the
type of dot _ .. _ _azz1e dazzle that is required in
the other. _hare eetten eome inters:::t_ ng projections on revenue, and if the
gross sal`:; whicc. !:eve beer .=ojec_e:i heel eee fact, why weren't they backed up
with a i in. eee3 gu:_r. rtee? ::o or.e c_r. eeeee ..ere and tell me they are going to have
gro.,.: saioo o± million doll:: c n,txr :ear an: project on as a point of sale. I
think we a:.l ..nca better than tne t. T' to co-7cnt of Monty is beautiful. It is a
tremendoub r•�::dering, hut I would lilt_: to :tc:;)d by what the Miami News said in
its editori`:;. to.,a', doesn't have eo cn the water. Marine service can only
be done or. t:-,e a:hi t'.'e ci oy : the difficulty you have had in our
trying to ex p::.ru '; in:ler Key :=acili:y, i juet can't do anything on the water anymore
to provide a :acil:ty. You can build G?ei.d:1ii Square, you can build a shopping
center, you cn build a great operation like that anywhere. It doesn't have to be
/a y
JUL 1 1976
oft the water. Marine facilities have to be on the water, no other place.
I would like to refer now to the water portion of this.
Mr. Fred Kirkland: My name is Fred Ki_rklard. I am President of Merrill
Stevens Dry Dock Com-:nny. As ;you ! P3:: at you can say what is Merrill
Stevens doing ;:ere? At the dircc-_ie: of this commission, some four and one-half
months ago we were requested, and almost instructed to sit down: with your neighbor
Grove Key Marina, see what you folks can do.
Mayor. Ferre: If Monty Trainor has done nothing else, he brought you
and Grove Key Marina together.
Mr. Kirkland: We have seen the light. In reality, why did Grove Key Marina
and Merrill Stevens decide to get together? I think it is out of a sincere interest
to protect and serve the boating needs of this community. I think I can show you
why. Paul Andre and myself and Spencer Meredith serve on the Marina Committee of
the Marini Council with Mr. John Greenleaf. WE can accurately project that within
the next 10 years six thousand new boat slips will be required to keep our marine
industry in a dynamic state of growth. If we don't provde these slips, we seriously
impair the growth of our marine industry. At first we were not going to quote on this.
This is really one dock that isn't that important in the long range. We don't have
serious plans for new marinas in the future and we best he addressing ourselves
to the attention of saving what few wet slips we have. So we join with Spencer
Meredith to protect thin area. There are several concepts within this plan that
I think are essential, that are services that are outlined for use in the Master
Plan. If I may digress for a minute, let me turn in the Master Plan itself. Let
me quote if I may "it has been the decision of the City Commission to use this
land", talking about t::is piece of nroptr y here, "for waterfront recreational
purposes for the people of Miami together with such commercial services as directly
supports such waterfront recreation. T.^.r.~ is to say bo,:t repair, boat sales, all
of the things we have been talking abou':.Thercfore disregarded are other possible
uses incompe tible with the policies se:. :orth in this Ma3ter Plan. I would like to
say one other thing before _ ,:et to this plan sere. Within the City of Miami's
bid proposal, the Cite of Miami desires ifnee the prom:_se:- being offered for lease
by this bid invitation �e rede:'eloped and utilze;i in general accord with the
Dinner Key Master Plan. Redevelopment proposal3 must be in the beet interest of
the public, and be confined to waterfront related activities of the commercial
nature.
If I many in conclusion show you some ideas we have developed which we
feel will really enhance the boating industry and keep it dynamic in the Miami
area. As you can see, we have submitted a proposal for the pro;,erty on the water-
front area of this. We are providing a very needed service in an area here which
can accomodate up to 15 boats where an oa-,er may dry dock his vessel and do the
work himself. I think that is an impor'ant service that is not presently being
offered to the yacht owner. Further we intend to develop this area with small
skiffs will be available for inexpensie.e rental and we would offer to go out to
these small islands, Sand Island and the other adjoining island and keep them
clean and policed and make available to the public the ability to comd down and
for 2 oe 3 dollars rent a boat, row out to these islands and have picnics and
better enjoy the area. WE feel that is an important thing we can add to it.
You might ask, and I am cura I'll get the sane questions, how much money
do you plan to spend during the 8 years if you are favored wits this proposal.
That is an important ;uestion. fortunately for the city you have first class
docks already built there. A major expenditure is building first-class docks.
I know it through ay association with Merrill Stevens. We invested $350,000.
to build facilities for 60 yachts out cf solid concrete with electrical service
and water service. Fortunately the city presently has a first Mass dock. So
we need sot spend toy :r,cuh en that.
Mayor Ferre: How much money tire 'cu ;;oing to spend?
Mr. Kirkland: Let me develop 1: if I may. Over an 8 year period we
anticipate the expenditure of approximately, judging what we spent on Merrill
Stevens on bulkhead repair, would estimate 20 to 25 thousand dollars a year.
We feel that our bid as analyzed by one City administration, affords the city
the highest possible dollar return cor:isten:t with what is indicated in the
master plan and we trust the city commission will favor us with awarding us
this contract.
Mr. Andre: I would like to call on Mr. John Greenleaf.
/ ('
JUL t 1976
Mt. John Greenleaf: Mr. Mayor and members of the City Commission, 1
aM president of the Marine Council and as such the Marine Council has under-
taken a study of the effective r.ecreationa__ heating on the Dade county area.
At th.: present t1 :^e an ••i,u 1, vc sun, there are some 40 thousand
boats in t:ar,e rcqui.rir,,; l!at at::._age. 0f this there: are only 6,000
slips at t..a ;3resent time. ':sere are some 2500 boat slips short as of last year.
We have good evidence from our study that these 2500 boat slip:., most of them
are in Broward county where there is a very active marine busi;;ess which we
are losing out on. I am working on a few statistics. I have ta':en the 1985,
because that is only 9 years from now and really, ----this is is connection
with developming the requirements for recreational boating and to do it in
much less than that would he difficult. I find that by 1985 there will be
50 thousand ;goat registered in Dade County, of that 50,000, 37,500 will be
the kind that will be on trailers or dry storage, and 12,500 by that time
will be requiring wet storage. That is 6,500 slips short of what you need
at the present time. Economically, that is going to require some 60 million
dollars of construction. We are talking about dockage fees at the average
rate that Broward County is now charging of some 13 million dollars a year.
Mayor Ferre: What are the average rate they are charging.
Mr. Greenleaf: In Broward county about 11 cents. That is not taking
into account Bahi Mar or Pier 66.
Mayor Ferre: How much are we charging?
Mr. Greenleaf: You are down about 4 1/2 cents.
Mr. Andrews: But the ordinance would bring us to somewhere near 8 cents.
Mayor Ferre: We have everybody complaining about that one. We are 4 1/2 cents,
in Broward County they are 11 cents.
Mr. Greenleaf: That is the averay,e of the cheap ones Mr. Mayor.
Mayor Ferre: We are going up to ?, cents and everybody is screaming to
high heaven. Can you believe that? : wart you to know I am not going for any
8 cents. I want you to know that right now.
Mr. Greenleaf: I have a fey more figures you might be interested in. The
capital value of boat investments by 1985 will be about 260 million dollars for
wet storage boats, and another 260 million dollars for those small boats on trailers
that people haul around and put in the water. That is a total of 520 million dollars
value of the boats that will be owned by people in Dade County in just 9 short years.
Lookin; at that capital investment, we are also looking aE operation maintenance
an annual expenditLre, ier the pleasure boating indu3try of some 90 million dollars
per year. This in terms of direct i.abor as near as we can estimate is a payroll
of about 55 million :oliars a year and a total impact on the economy of almost
of 150 million dollars a year.
Ladies and ccntlernen, this is a eery important segment of our economy
which unfortunately has not been reco,;nized and which every thing should be
done to increase and develop because .t is the greatest asset we have, Biscayne
Bay and recreational boating. 1 am taking about recreational boating. I am not
talking about the big boats, I am talking about everybody that has anything
from a canoe up to an oceanliner. All of these. should pay their way. We are not
looking for taxpayers tc help out and I think this proposal here, first I
think your mdataa Plc: is excellent and ^ou cu _t to initiate it as soon as you
can. This pro:,cr.:.1 ,i ._ c:,ts nor. =ec:lice 1:hu slips but maintains them and provides
repair f acilit ±s, which pa Opie c.i.1 use thir own hands on, this is for the low-
income principally, reduced cost. I think it is something you ought to support.
Thank you.
Mayor Ferre; I am confused. Let me ask a question. Mr. Andre or whoever
wants to answer, how many boat slips do you actually have here? Let me ask
Merrill Stevens. How many boat slips are in, --
Unidentified person: ---56 boat slips,
Mayor Ferre: How many are existing now? 56 now and you are going to keep
56? That is my question, how many boat slips are you going to have? 80 to 85?
/( )
JUL 1 1976
Mayor Petra: How ate you going to make the extra 25 boat slips?
Unidentified person: There are a lot of wanted space now in this
area that is not being used.
Mayor Ferre: Let me ask Monty Trainor, how many boat slips are you
going to have?
Mr. Trainor: As many as the city will let ur; build.
Mr. Andre: The Master. Plan says a maximum of 65.
Mayor Ferre: In other words when we are talking about boats, and the
marina industry, --the marine industry, one or the other, is about: the same
give or take a few boats. Is that right? The statement recently made by
the gentleman from the Marine Council is applicable to either one of these
projects. Is that correct?
Unidentified person: No it is not.
Mayor Ferre: Tell me where it is not.
Mr. Andrews: Mr. Mayor there are some statements being made and I
hope everyone recognizes that the statements being made on the record,
whoever this is awarded to, that that zs going to hold up. The statement
by Mr. Brigham says they are going to do whatever the other proposers do.
Mayor Ferre: That is not what he says. He said he was going to 65 boat
slips, or the maximum allowed. They want to put the maximum number of boats in.
Mr. Andrews: That is after the land fill.
Mayor Ferre: He didn't say that.
Mr. Andrews: That is what I am saying, I don't know what he is saying.
Mayor Ferre: That is why I am asking the questions. I'll ask it again.
How many boat slips do you propose in the model you projected here before us?
Mr. Kirkland: The maximum number the city will let us build. WE don't
propose to reduce the number of boat slips ore iota and if we can expand them,
we would like to because it produces more revenue.
Mayor Ferre: Are there any questions on that statement? You say that is
not so, tell me how it is not so.
Mr. Andre: By taking a scale projection from the model thet was shown as
part of the bid of Mr. Trainor's, then there would be additional dockage
facilities which wead be carried beyond the bulkhead line, and I doubt
very ouch if you are going to get the facility frcm the II Board or anybody
else to constrect additional dockage because of the filling which has precluded
the use of some of the slip areas.
Mayor Ferre: He says the fill portion has nothing to do with his bid,
as I understood it, one way or the other. He said if he can get the permit fine,
if he didn't get the permit, the bid remains the ::ame, as T. understood it.
I l:.l e very r.ruch the i''en, Paul having marine :services, sailmakers
and people with all that. I thin::
Mr. Andre: :?a.; I ampl. :hat a Lit? We have an organization
called the A:?sociation of Inderenden:: :.since Services. This is sort of a
policing organization, that tat:es rnembu_:hip on their past record as far
as integrity and so on is ::oncerne:i. ', t 7.n their makeup, is the fact that
if there is a complaint against one o: :h•2ir me:.bers, the remaining group
will evaluate it and if the con?yaint is stiried on the part of the customer
the man has to make good, and if not he faces e::pulsion and we are tying this
in our proposal :hat if a man messes up a customer, and doesn't do something
about it, he would be booted out, and we would be able to protect the buyer.
Mayor Ferre: Are there motor repairs in here?
/c'7 '7
JUL 1 1976
Mr. Andre: Yes, sir. Outboard motors, Inboard tors* .,-'�'� t'Vetybody
thittks that is a ditry industry.
Mayor Terre: 'don't tnz'.i get noisy?
Mr. Andre: Thev won't test run them inside. There will be facilities
outside to do the teL running.
I recall you to Holman Moody Co. up on the river. You can eat off their
floor inside. However these individuals here are little people who cannot
afford to go and huy or rent property on the water. If you have tried to go
up the river as pointed out, you are talking about a tremendous monthly rental.
These small sho's here, we have projected a $200.00 a month rental, these people
can come in, if you have a mast on a vessl.e that has to be replaced, they will
have space avai.lah1.e hee2e they brine the boat in and have it worked on, or re-
placed. This is within the reach of the little people. Everybody that owns a boat
is a not a 'fat cat' if I may ese vou(. expression,(I like it, because I am in that
category.) One e ) tl. rl..:5s ': belong to, we have mailmen, carpenters, labors, you
name it, every-cdy enjcyr; sailing. The wind is free, it is one of the greatest
sports in the world.
Mayor Ferro: P.zul, let me ask yo'i a question. It seems to me, you passed
this out, you r',inted us to read it, it is now part of the record since you passed
it out. I hadn't read it, I am glad you passed it out. It says here that shopping
centers could go across the street. Well, isn't that true about somebody fixing
up a motor ,or splicing; a sail, or something?
MR. Andre! The re: son for that is, that if you need a new spar in your
boat, 99% of the time you have to bring to cn area where it can be worked on,
taken out and j_ eJ,n you pull a 40 ft. spar out of a boat,
carting it ..cro.:-s treet, :GU can t kit) it. This is a use by the way which
waterfront recr ation .a certainly involved in.
REv. Gibson: I to aek a question to the gentleman who was to the
mike just before you, sir. That gentlemen right there.
Mr. Anre: C:t, red?
Rev. Gibson: Somet int, you read .pothers me. 1 thought I was speaking
to this when we asked P;r. Andrews to go hack and confirm and also Mr. Andrews
explained tha; he wanted to get an explanation, okay. I don't know the English
language but so well. I know this much. You read it must be, ----read that command
in the blue book, in the proposal
Mr. Fred Kirkland: 1 have the city of Miami's proposal, the invitation to
bid on this.
Rev. Gibscn: That is what I want to hear.
MR. Kirklarc: This is what we are guided by.
REv. Gibson: Let me help ycu. The reason I want you to read it, I was
very careful when we were talking to 'IR. Andrews about talking with different
bidders. I thought we were going to 17a talking about apples and some oranges.
That is why I war very concerned. I u>ed what happened to us in HUD. Read it
again, please.
Mr. ''ha': _. r.he d _rf ic..= :y :ere. You are not comparing apples to
apples. You on an o year duration, and you
have Monty Trainor who, i . eucting on a 3G ""car duration.
Rev. Gi'�: on: 1 ..:u not dealing with time. I want that 'must'
Mr. Kirkland: I'll be happy to r2d this. 'The City of Miami desires
that the ptk_ses being offered for lease by this bid invitation, be redeveloped
and utilized in general accord with the Dinner Key Master Plan. Redevelopment
proposals Wuxi.- be in the Nest ir.tere:.t.
Rev. Gibson: Underscore that, -------
Mr. Kirkland: It is underscored in the City's proposal to us.
JUL 1 1976
i
kev. Gibson: Reid on,
Mr. Kirkland: ---"must be in the heat interest of the public and he
confined to waterfront related activiies of a commercial or recreational
nature.
Rev. Gibson: That is all I wanted to hear. I will now ask this question,
Mr. Andrews.
When you and your staff people were talking with the parties who were
bidding, did you point this out to them.
Mr. Andrews: No, there was no need at that time to point chat out to them
Father, ----the questions I raised were more closely related to the financing
method that they had proposed. I had already gleaned from their submission as to
the kind and quality of service they had planned to render. They supplied about
4 or 5 pages of description of what they propose to supply.
Rev. Gibson: Let me raise it another way.
earlier what do you mean by marine facilities.
Mr. Kirkland: Yes, ---
Remember I asked you a little
Rev. Gibson: That was no accident. I don't think 1 heard hut one time
where the little guy was going to be able to repair his boat and mend some sails,
and Mr. Mayor wouldn't believe that 1, as a city -slicker would know that you
mend sail and fiat you take down the mast. For your information I spent my first
nine years in ehe Bahamas arcund the reeer. So don't forget that.
But wha_ I canted to make sure :<::. T_ am concerned that both parties would
have the same understandins and inter' latatic_ . That is all I am concerned about.
Mr. ...::.o_, I a i goin,, :o s.znd a::tra prayer for you tonight because
you did what ve were not a)le tc co. :iu k ..7,7 what that was? Getting these two
were 'ikc cats a..c. dogs. Put in in the record. So you
and an e::tr•a prayer. Dut I thought I heard that language
'n ust', 'shall', 'basec, on', and I just want to make sure
companies toethe-:
e_
need a bouquet ro_
and that both_rec: me,
that
that we don'.` _e unhindf%1 of that.
Mayor Terre: Following up on that, 'Ar. Trainor, you didn't explain, --
I saw the slide presentation, but tell me the difference your shopping mall
and this marine service mail.
Mr. Yirkiand: The only difference is : hat ours will no be repairing motors
hauling boats, but as far as a sailma::er is concerned or the other crafts,
they have space here. Our concept will c:o more, there will be :core tenants, there
will be more openess to the public, more interest to the public and it is our
feelir_b that the hauling and repair ca.. take place on the acre and a half of
Grove Key Marina that they plan to put a restaurant.
Mayor Ferre: Yore have already made that statement. Don't go beyond answering
the question.
Let me ask you this. Do you feel that you have followed the specifications
of the bid.
Mr. Kirkland: Yes, I have submitted to each of you a resume underlining
the portions of the Dinner Key Master Plan that we come within, and we meet
about 7 out of the 10 Planning objectives by the project.
Mayor Ferre: 1 asa:u:a you feel the same way about your project. You
have met all the criteria.
Mr. Andre: I would like to take exception to the fact, nobody is making
that he has more shops. Our numbers are exactly the same.
Mayor Ferre: How in the world can you have more shops if the building
is the same? Will you explain.
Mr. Andre: We are going three levels inside.
Mayor Ferre: You are going to have three levels of stores,
Mr. Kiriciand: We will have 3 levels also.
f`���A'+n �'E��Rilf+!'I
i� y JUL 1 1976
Mt. Andre: 'Ihe building itself has a 3rd level across the front. It
has a second floor with balconies which we plan to utilize.
Mayor P'•:re: Ecw . :c'; did you s,r.: you ore going to spend on your building?
Mr. 1.ndr;.: we wou] d probably spend of the terra of the 8 yc ars in excess
of $150,000.
Mayor Fcrre: He i:; going to spend 1.4 million you are going to spend
$140,000. plus 30 thousand a years in improvement, that Merril. Stevens said,
---that is about `;'00,000. over that period of time, $140,000. is S300,000.
and you are going to do the same thing that they are go:ng to do for
1.5 million.
Mr. Andre: We are going to do 'it a little bit differently. The plan
Monty has is fantastic. We can't afford on the level of people we are aiming
to go for, :e can't afford fantastic, ----•we can afford to rent this space to
a little boat carpenter for. $200.00. There is no way he can rer t space from
Monty Trainor for :hat amount of money. No. 1,----Monty has a c:ebt,---I am not
telling his business, he has a debt service on the million and half he has to
plunk into it right off the bat. You out the numbers together,they are there.
We are going to refurbish and clean the inside of the building and make it
immediately avai;•aK e to the people who 'eed to use it. WE have a need.
Rev. Gibson: Let :me ask another question that deals with ::some other basic
things we are going ;:o be dea:iug with. 1 am not going to refer to it.
I as concerned that you are go.,.r,; to do what you are going to do eight and
one-half years, Caen that we wowed have an opportunity to renegotiate. That
gets to be very impo_ta::t to me. We lie in such a rapid age, what is good today
may not no wcrn a n_c:c_e tomorrow. - ;:housht I had better put that on the table.
Mr. may nt.-erupt, that was one of the principle
areas of the cr c:..l; ilewa dica't co::.pietely restrict it, we were indicating
that we we_"c a:._i=ca5 ':O t::e j year c,: el'at and one half year proposals because,
remember the peole-a Grove Key .4ri.::e and Merrill Stevens. We forsee
in an 8 year ^crib:'. c;'. __-• movement away from the kind of funcitons we have
at Coast Guard hoer y; c.:_.:r locations, then we can tie all the property together
under one hopefully ,;rent proposal.
Mayor Ferro: It is almost 7 o'clock and we still have Southern Bell and
the ligntir_.:' o1 FlnF.er ar_, :tber things, and I have a house full of people for
dinner toni;;'.:t, cecemee since ,,cu sold me, that you brought we would be through
the main agenda iy 3, told m, wife go ahead with dinner, I'll be horse by 7 o'clock.
I an about 1 tour and half that right through that door I am going to have one
angry wife core in irons:, aaci I am going to point my finger rigi:t at you.
I am going co Nr. Brigham to wino it up and say whatever he has to
say in the ne: cup.:.o minutes, for you to say whatever you have to say in
the next coup ci ,.inotes, and I am going :o i;t Mr. Andrews repeat his recom-
mendation if he '.:r.. a .hen the commission can do and ask anything they want and
I hope we can gc .. :.o ::cncicsi_o:i.
Mr. Brigham: You asked ua to sub:ait a creative proposal for the utilization
of this unieue proaerty in the best '_.nr:e:e t. of the city. We believe we have
----we have done 1: consistent with ttee Dinner Key toaster Plan, in the concepts
of bringing the aeople 'o the waterfront. Waterfront recreation. includes mare
than simply r, T.nirin.,; :: Ells and motors. iney can the 10 or 15 boats they want
to haul our on , t Lore and ra1f of Crcve Key Marina, transformed
and c'c.rivi:`:er !_: .:{'. t7 Rio, fry_..-_1;''. u . Lo d res:.a.3r-_nt. Mr. Andre has said
he is gc _. TI, rcn.. :i::rtt., hat is further evidence of the
fact that :he;' i,.,_.: _,:: c_ i .;::-n> ;uarantee of the $37,500. whereas,
the Dynamic: of : eaoeomIce of t. e tc ,r-i.; : nt:raction of the focal point for
Miami which - ::-alnb.i._ to c,=2;_ r: _cy the tourist, is such that the
percentage .;: aeeez revenue will -eeeee .}airs by over 100 thousand dollars.
Nord, they asi. :'1:» is our guaranteed n:.n mur so low. The answer to why our guaranteed
minimum is •.a`_ -.:.a. is -,ecause i.c __ n, to take probably a year to a year and
a half cc r. to where _.t produ_••..: expected gross income. That is why
the mini:.^a:: ;,uaraetee, t.i. projects' revenue to the city is much greater.
They ..u_c there are 6 theesand ac ::lips, but the Dinner Key Master Plan
shows whew al.: of those will be locnat`e and the slips will not be reduced by
this props-,-_1. be tourist industry is NO. 1 for this area, whereas the marine
industry _s O. 4. It has to be served. There isn't a focal point for Miami.
//&
J U L 1 1976
HOw Much money are we losing, because there is no focal point the city could
have? Our proposal is for a 20 year lease, not a 30 year lease. We suggest
that there be two 5 year options.
Mayor Ferre: Fcr how long?
Mr. Brigham: Twenty years, ----we suggest there be two five-year options
at terms to be negotiated by the City so the terms would be re.iegotiated in
20 years, but Lo spend a million and a half or so, for an 8 year period, could
not be done.
I think that covers it.
Mayor Ferre: Thank you sir.
Mr. Spencer Meredith: Good evening, Mr. Mayor and members of the
Commission. I am Spencer Meredith, I would like to make a few brief comments
here. The real issue seems to be a matter of concept and and the proposals
that have been presented by Bayshore Marina Mall and Bayshore Marina, as
far as this property,we feel are water -oriented. The other concept which 1s
a very attractive presentation. I have never seen a presentation as well done,
it is an outstanding job. The problem is the concept of it. The concept for
using that property for stall shops like a juice bar or spagctti stand or candle
maker, while it is extremely attractive, does not fall within the province of
marine recreation in my opinion.
The Dinner Key area itself is very unique. That is the thing the the
Dinner Key Master Plan pointed out, that it was a water -oriented community.
It is a linear strip along here. There is not a lot of other property available
on Biscayne Bay that can be useu in the same way. It is just not there. It is
not feasible to suggest that people ;,o up the river or to Ft. Lauderdale or
down to Key ' ar ;o to solve their boating problems.
In terms of what we have here, than_ are some key things that I have seen
in the boat business, end that is that the public does have an interest in
observing marine activities, and oose:vine, pcopIworking on their boats. We
see it every day. Our yard is open:, our m,.:isa open, people wander through
all the time and they to _k to people trcrkin g on their boats, and talk to people
working for the house. It is an oven free show. '!here really ore not enough
facilities to service boats. We handle boats up to 2f ft. There is no way
that man has a boat 30 ft. that is going to ;_;^_t it hauled and work on it
himself. He goes way up tha river or to Ft. Lauderdale. That was why that
concept was composed.
As far as we heard from Out Island Charter say al)out their need for
a place to have a spot on the water where they could arrange charters, we
will be very happy to sit down ana talk to them about working something out.
I think that is the kind of thing we envisioa, operating out of that site.
We will get people out on to the bay. In a small scale that is why we proposed
that idea of using row boats. It is hard to get into trouble in a row boat
and we have some pretty islands off the coast there, people could go there and
picnic and we offer to pick those up.
Again, going b< to this do-it-yourself :.feu we feel that is extremely
important. The mall itself is an attractive area. We don't have a big model to
show where we plant our trees, but I think you know us, and you know that
whatever we do, we would do is a way that is eye appealing and attractive
and exciting and we are not talking ahou:: a dirt, old boat yard, we are talking
about an attraction unto it:;elf that is marine oriented.
Finally you come to the fact that 1;hile there has been a lot of conversation
about projected carninge eac thi.igs line that, it seems to me that when you come
down to dea T'Atie ui t.n hard c ci tars, and :`_i . Plug:' _' you frequently refer to that,
as respo::sibility and mor_ey, , e concrete bid here that
totals a certain amount of money :.::6 riinirn guarantee and totals a certain
amount as a guarantee again. trevnoe. i:;.;' ens to be the highest bid.
That concludes what I hove to 7o,ay. ThLn: you.
Mr. Andrews: Very cuic iy Mr. Mayo_ I want to point out three factors
that the City administration evaluates these proposals based on the invitations
that we supplied in an effort to pr.vice the best possible public service through
the award of these proposals for the o.<: of the waterfront in a continuous I
hope, over a long period of time. The two 'Adders I have recommended I believe
to fulfill this, most coupletely for thee city. As a second matter we looked at
the economics of the proposals that were submitted to determine which was the
better proposal after the consideration as far as service is concerned and it
was once again determined that the two bidders that have been recommended to
'1A1PR!ImmllRRRir!'
///
JUL 1 1976
fulfill this criteria also. Third, [ think the most important, or one of the
most important is that this is for a enriod of 8 years at which time the 8
years was picked out specifically bec else :.t related to the balance of the
major agree -a - at ea ' fc. '_) ">�:'L' ' e-;-'arina and Merrill Stevens,
and at the3r .. •.:i�o i,l, the ( ie b.___a lave an ext'_ei'iely flexible
position tc really develop the entire area, something that we are trying to
seek.
Mayor Ferre: 1 think it is up to the commission to decide, ----how much
does the Rusty Pelican pay percentage prise?
Mr. Plummer: Minimum guarantee oC $75,000. a year, they have never brought
to the City less then $150,000. It happens to be one of the finest restaurants
producing wise the Specialty Restaurants have in the United States. .
Mayor Ferre: What do they pay percentage wise? They have a percentage gross.
It is no where near 25%?
Mr. Andrews: Oh no, it is about 6 or 7 percent. The 6 or 7 percent is
based on the fact that they made the complete investment. They built the thing.
Mayor Ferre: How much does Restaurant Associates, Miamarina, how much to
they pay?
Mr. Andrews: From my memory around 8% because they made around 1 million
dollar investment.
Mr. Plummer: They have 25 years.
Mayor Ferree It is late ant, we have to move along. I am going to start by
expressing my oFeini,n. I eisaeree with the administration and I want to explain
why. In the first _:-cc, I stare out by gelling you what the vision of what I
see happening c _:•ion we need to have people -oriented facilities.
That mean: in_i? _i:'c t:.at envi::e all rinds e: people, rich and poor, black and
white, Cubans, youa,; e , men, women, children, -----everybody, to use the waterfront.
It belong:, to ev•_r'-hcc'. .
No. 2. - don't see 'thcee's a tinke_'e damn difference between one boat proposal
and the other. proposal. They are both boat proposals. They are both going to have
65 to 70 boat sip . enC eec.
No. 3. I blank r',c:__, raf, for has show-:c what we have requested, that is
a lot of icuagir-4ti:)::, :.n trying to bri_zg something which I want to see. I
want to see Ghiadell i Square here. ,That 13 that one in Los Angeles? I would
like to see not one, nue 10 of those things in Miami.
No. 4. I get anr.r at Mcr.ty Trainor once in a while and c_11 him names,
he does things he sh.uldn'`: '..: doir.:;, paintinh without permission, putting
trees where he shouldn't trees, and waterfalls, but I am going to tell you
something. I know he is a thorn on the side of the administration, and if I
on the administration I would prnhaiy be furious at Monty Trainor all the
time because he a 'tangs doir.f these things. I'll tell you, if we had 100
Monty Tr. {tors 1. ehis town, improving the properties the way he improves
properties, we have a mighty fine looking town here with a lot of trees.
Mr. Ferencik would be out o= his :hind.
The point I am Lr yi:e to make, with his own money, on hi:: own incentive,
with little money, this „uy has put in 2 or 3 hundred thousand, he has put in
all this money cad you zee: see it. The benches are there, the ropes and little
stones. 7 am a �: :t <.1iever tl:t we have to go with people that have a proven
record. If so'n boL.•; c:::F in a..e snow:; ynu they have done something, I believe
in that, I ' ,.1.1c_v `(• .' :r- .. :c_auce they had a proven track record,
and the Mt+.;.ti _may CL."_;.: to get this, and that was an
appropriate _hin;; 3r.c. _h:zt vas ri5nt a:.: = 'believed him and I believe in their
track record and we votee' that way. I voted that way.
JUL 1 1976
Monty Trainor has a proven record. He has shown what he can do, and
he hap Hhown against odds he can do it, and that man is succeaaful and to
take a dump Like that place was, and turn la i!,t„ a 1.5 million grosH business
a year, that takes dedication, courage, ability. All these guy- with him, that
lie brought here, and have all these tii i nga. That impresses me. That Is the kind
of people I want to have in my town, pushing, }',etting this tows moving again.
Point NO. 5 I want to make to you. He said he is going to spend 1.4 milliot
dollarH. That monstrosity o'e a building, and 1 feel the same w iy ahoar It, :is l
feel about that other monstrosity out there called Dinner Key auditorium. Wu
cannot afford to tear down 2 million dollar steel structure and 1 would rather
spend 4 million and beautify it and make it into something which will never be
beautiful, but once it is airconciitioned and painted and improved and landscaped
it will be a place this community will enjoy. If we spend 1.4 million in this
building, that is going to be turned from an eyesore into an asset of this
community. I don't believe wtih all due respects to Paul Andre and the other,
that $140,000. is going to do the trick. He says that he is going to rent that
space for $200. and that Monty Trainor can't. That is Monty Trainor's problem.
If Monty Trainor goes in and spends 1.4 million dollars and guarantees the City
of Miami, whatever it is he is going to negotiate with Paul Andrews, because
we are not through negotiating and he goes in and spends 1.4 and he doesn't
make it economical?.y, and can't pay the minimum guarantee, he is not going to
have it anymore. That is his problem.
No. 6. I think it is essential that we try to neogIt-te a possible.
Counsel I am arguing you case a little. I think if Monty Trainor goes in here,
and we can tie that property next door together. He says 5 years. Paul Andrews
is a good bargainer. He might be able to get slower payments and work something
out that is agreeable, we end up tying.; up that property without going through
court hassle, and make him pay, he saes $65,000. We might want to make him guarantee
the payments cre going to he :net soeefeow. :f he is willing to do that, and he
made the statement on the microphone over tea next 5 years, we are going, to end
with the property in a way we can aflo::c, and make common sense.
No. 7. That existing structure, ship, store and tackle, he wants to tear
that thing Gown. I think it ought tc 5e Lon; ;own tomorrow. I chink -.t is a
little monstrosity, that little: shed. woc;.d like to see that open up then
you can have a view rii- t through to the water, and you can landscape that.
That is going to be a major improvement. It opens it up for use of the community.
I am not against the boating industry. I think it is great. I happen to
believe and I believe deeply that unless we ir. Miami wake up to the reality
of the situation that there are already flights that Delta Airlines has from
r Caracas, Venauela to Orlando Florida. We are being bypassed. There are flights
that have been approved by the CAB, Easterrn already has _`];guts that go,(I haven't
heard the paper talk about this) you have to look into that a little bit. We are
being bypassed. Eastern Airlines is flying San Juan -Orlando direct. Let me tell you
why, because there is a demand. Thy don't fly for nothing. There is a demand.
Why is there a demand. It is very simple, sun and surf is no longer enough. Every-
body in Florida has sun and surf, and it is very nice in some places around
Florida. Sanibel Island, Daytona, aad a lot of places have beautiful beaches.
We had better start.. ,paking up, that the basis of this town is tourist. That is
our economy. We are letting it slip right out of our hands. WE are letting people
go out of here and even for our own peop'_e. Let me tell you about Watson Island.
This ties into Watson Island. There is n; metropolitan area in these United STates
with a population of 2 million people or more, which we have in the Greater Miami
area, including Ft. Lauderdale, there is no metropolitan area like that, that does
not have a major there pr,r-i, except fi:.^..:C. We 're the only one. I am net saying we
want Coney Island, nor do we cant Six ,'.?act c 'er Georgia, or Taxes or what have you,
and I am not saying we have ea duplicate e : ney World. With all respects to the
Parrot Jungle, the Monkey L. • e, _a.le ar:4 ;,' , c-rteeinly natal has to have somethink
a little more t: ;ffer, tell saut c.:_ own. people. WE are :eking a
start. We are ,o_r:i to get C:3tsc_' 1s_.and pine, we got our convention center going,
but we need to implement, ant: this yce• laDee I promise you this water boat thing,
we are really going to hammer in on nee and we have to get that done. This has to
come into it. I want to see the show boat coin;; around from Miamarina to making a
stop at Vizcaya, making a stop here, zed mak_ne a stop at Grove Key Marina's restaurant,
making a stop down at the other piece, swinging back again, and water taxis,
we ought to be a water crier::._: a comale _'ty, ehat people all over the world, are
talking about, --the place to go is Xiami. What do you want to go to Orlando for?
That is in the middle of nowhere. he only thing there is Disney. You can always
go to Disney. It is only 3 hours from Miami, you can always go there. This is
where the action is, and with that I just say, with all due respects, Paul and
Grove Key Marina, and Merrill Stevens. This leaves me cold. It is just one more
//3
JUL 1 1976
industtial, square operation. You can put that in the river, ---go talk to
M: Ball and you can get it on the FEC property. I'll sell you some property
near Le Jeune. This piece of property, I want to see human beings walking
in there by the thousands, laughing, cunning and enjoying it, spending their
money, getting on boats, eatins in restaurants, and really using that facility.
I close b:, saying, in my epf_nior. :•:r. Andrews, I would recommend that you
sit down and negeLi _.e with Mr. t,ri ;ham an.1 Mr. Trainor and come back with that
proposal a-',' t': { ice.:r_. ".ou _,:ing we can live with. Both of
them, as far _., i eeeee....__ are I don't thirCK $75,000. is
near enou h, :.:.mac i Icss oe, :lit he is :>,:/1n.g it is 10%. That do'sn't convince me,
either throw them out and start over again, or you sit down and come back with
something we can live with.
Rev. Gibson: I thought what was said, ghat the gentleman :ead was
where we were. That la why I was bothered. I was bothered we were given the
same rules, to everybody. If we are not getting enouth money, and what I saw
here, Mr. Trai;ror, wns attracted, but I was of the impression that we, were
dealing with the marine. That iF what bothered ere, and that is why I said earlier,
two weeks ago, tat buthored me. I would much rather see us say to the people,
the world is ovr field, then they could understand. The fact that gentleman read
what he did ;Inc: underscored it, bothers me. I don't think they are going to come
back with,-•----tliosn men are more staid. Monty Trainor is a different temperment.
I think if we say to both of them, that the world is your field, and you come
back and bring all the ideas in the world. That would be one thing, and because
I have that as ni:;g that bothers my eonscience, I Wonder if it would not be
better to :gay to that, t:ne world is your field. Then let them go on, and if he
comes back with J'. be,thing, beautiful.
Mayor. Fe:re: I see your point, oii:: I am a little concerned because it
seems to me, that her rally there really isn't that much of a difference
between these ' wo pro ceLs. They both :nave 65 or 70 boat slips, they have both
have shop;, :d parking. The only di:feta:nee in my opinion is one uses a little
more iru.g_rr.i . t. c, other is .-aro like a box.
REv. Git so:.: , `..c -- yet d al itl t'.nc r._del that was here, and you deal
with what the: ._ = tr?c:c 6ow_:, these f_.,o people didn't get the same message.
Mayor Ferret Tnaa S tale;.r fa:.ilt, not ours. Let me tell you what the
difference is. e _ ,ping to aaerd. 1.4 million, ---he is going to spend $140,000.
That is the
Rev. Gibson: Ivor v at he said, Yr. Mayor. And I am not arguing for them.
I am just saying he said; and underscored it, and Mr. Andrews reminded us.
Mrs. Cordon:I :'a:nt t.:, state a pent of View I have had, ---it didn't just
begin today. It is one I heat had for several years, and I have been a proponent
for the public acqui_,iaic n cf that _.roperty that is preaently Bayshore Restaurant.
I see now an op; .rt.rit;; 1_yi.n7 befor: an elected efficicl:• to acquire some
property E r _.t c m:.r,.:.: tm •'nvc:ilmen‘:, which is an :.important consideration.
I feel that .,irace ::e i:.:"_.LL u?-front dcilars is something that we could probably
handle. I bc1 .- ,;e are el:le to hancile that much and the balance would be amortized
from the '_. cey,. 'ar as Ic z. ::cc, I don't see haw we could sf;_crd to pass an
opportunity i,, th i:i.ing, it :is cm investment that we can't afford to pass up.
Beside the ;`a:, the 'r':,:ycr made such he.:.utiful paints about tLe project and it
really was eaa!_,ina.
Thera :.-s all vtwe n what we as elected officials must
consider what c beat air the :..tizcu_t of the City of Miami and in my opinion
what is 1•e t fc. the . •.beer s of the •.ity of Miami is to have this property
developed ..c at:.�'.: a~.c. t:;:t we own it all.
rf_. :_...... r., to 2..o-:onet11i:1g very to ique. All of these
people axr. :: r ;; .:cue, I have '_ o be truthful with you. I
don't like' .;r! ,cr J� .:.__. • _4ec: _ like the dollar return to the City,
the city fits__ :;:.y,:.t_;. - �.i; �_y ca':ass :17.1 =st in that property. I think a fair
return or tc:._ c ' is _. _.._.. _ 1C1 w11:'_ .r is not reflected here. 1.
No. :_II >: tiIIat .::>_ i hi'n'C tlt.o situation, ----~`re main concern of this
cone issior. -.as oc_:n the ;:grin,.. L :crest which has been neglected in this
area and ._1.. cvtr ,i.,, o county and = _..__nk, Paul,-•---T don't like what you proposed
because don't :Y;_r,;; gocs far cr. ru`i.
I don't thine: enough marine oriented. I like Monty's
thing for Zan . _^ci:3co, ani Gniadell: :-quare, I think it is beautiful, but I
don't thiT, iL tc :he_c. The-:":t.,,; that bothers me with Monty's concept,
is the 20 ;r:.. What this; co' missic,n `:ors tried to do and has had some success,
is to tip' .. 'thing we hav_: done i;, t.j-ijS ayshore area to a completion of the
Merrill :ease, whit!-. is 1984, sight years from now.
JUL 1 1976
R
5o that yes, in 8 years this commission or subsequent commissions can come
along and hopefully do one beautiful facade from the Dinner Key Auditorium down
to the Yacht Club.I don't think this commission has to be hound by lust
proposals that we have reached. What 1 wo,ild propose is to wait and don't
muddy the writer ofthe lawseit, in the C`;':"i'• ?art of September. After that
assuming the city sin' let's go b3cCe cut ar.d learn by our experience and
ask for different proposals. I am not opposed, that if need be, that building
come down, if the proposition is correct and right. To me we hive x number of
square footage. If the proposer wants to utilize that building in his hid,fine
but I don't think it is mandatory. I can think of a lot of goon' uses, that
waterfront property, which is a minimum can be put to use. I don't think we
have enough proposals at the present time and I think it shoulc wait until
after the lawsuit and go back out again.
Mrs. Gordon: There is two points in your considerations that we both
ought to consider. One, on the return on investment, we have to consider the
improvements of the property as part of our return. No.2, that there is a :lot
of vacant waterfront we have already acquired in Kennedy Park and other. So
if anyone wanted to do that, there is a place to do it.
I think this is an imaginative proposal which is timely. :f we wait till
September, okey too. I don't think it is for the purpose of going out and asking
for rebids or whatever. If you want to wait, wait.
Mr. Plummer: I don't disagree with your point about the return on our money.
I. will not accept or vote for a proposal that brings in less than $100,000.
Mayor Ferre: I agree with that.
Mr. Plummer; There is nothing to stop the city from putting out proposals
next week asking for rebidding.
Mayor Ferre: here is my answer, the way I see it. Time is of the essence.
We have been talking about this since 1 became Mayor in March of 1973. We have
a way of doing things in th;.s town and I am to blame just as much as everybody
else here. We keep putting these cff. That little park on Flagler Street, it has
taken two years we welted for that one. I am no blaming anybody. We have a way
of letting these things go by. Look at our auditorium. People in Miami in 1954
voted for our convention center. We are just getting around to it in 1976, and
we are still not breaking ground. Look, Paul, if we keep putting these things off.
We have to fish or cut bait.You can't expect a man, or a woman or investors to
put $1,400,000. and expect him to amortize that in 7 years. That can't be done.
It is impractical.
Now, the lawsuit. I just asked our attorney, has anything been said here
against us in our lawsuit. Let me tell yeu what he said. We are talking about the
public purpose. The public purpose my feiends is that we don't want another in-
dustrial operation there. We want to have people -centered attraction for the Grove,
the people of Miami and for our tourist.
Lastly the question of run e,um return. I completely agree with Plummer
that we should be getting much LLore than what has been proposed. 1 would recommend
that we move and t,11 the Manag'r, and instruct hint to start negotiations with
Monty Trainor and come back wit: a specific proposal.
Mrs. Gordon: Is that a motion Mr. Mayor?
Mayor Ferre: I'll make if nobody else does.
Rev. Gibson: The problem I have, that was not said.
Mrs. Gordon: What was not said?
Rev Gibson: I though:I mecle my position clear. Let me rehearse for
your memory. Mr. Andrews had given t:.at contract to those people, recommended it.
Isn't that right. 1 agree with you e.y ::rother provided we have the same facts.
I say we would be in a much better position if you want to give it in 30 days,
or 60 days, and keep in mind what Plummer said about the return. I think since
we are going to talk open and you said i_ in the public interest, and can't hurt
the case. I hadn't heard that before. _ near it now. So you can go about your
merry way, do anything you want to do about proposing and come back and tell me.
When you come with an attractive thing that you have, you know how I am going to
vote.
Mrs. Gordon: I can't remember the numbers. Mr. Brigham mentioned numbers
JUL 1 1976
Of $120000. per year. What was that based on?
Mayor Ferre: Rose I have made a motion on this. Father can make a counter
motion.
Mrs. Gordon: I have a motion , do I have a second? Repeat the motion
Mayor Ferre: The motion is to instruct the Manager to negotiate with
Monty Trainor':-: firm, come back with a de2.i more or less takes into account
all things expressed today by this commission.
Rev. Gibson: I want to offer a counter motion in view of the fact the
same rule was not stated for everybrdy. If you want to send them back with the
same instructions Mr. Mayor I am your brother.
Mr. Plummer: Your answer is if you want the same rule if you feel it was
not applied, then the motion would be to rebid. That would be the motion.
Rev. Gibson: I m.rke that notion.
Mrs. Gordon: Is that: a substitute motion?
Rev. Gibson: That is a substitute motion.
Mrs. Gordon: Is there a second to the substitute motion?
Mr. Plummer: A substitute doesn't need a second.
Mrs. Gordon: We need a second.
Mr. Plummer: Yes, I second the motion.
Mrs. Gordon: The motion is to send them back for rebid?
Rev. Gibson: So every. now, this is public knowlege. Everybody
knows the same thing the other person knows.
Mrs. Gordon: Mr. Andrews was there anything in your bid that would
have precluded the proposals that came, not been permitted under the proposal
you sent out.
Mr.Andrews: I will read them. First the use, the City of Miami desires
that the premises being offered for lease by this hid invitation be redeveloped
and utilized in general accord with the Dinner Key Master Plan. Redevelopment
proposals must be in the best interest of the public and be confined to waterfront
related activities of a co;.mercial or recreational nature. Within these guidelines
bidders may feel free exercise their creative imagination. Under the bid note,
percentage bid s`:.z.' ''oe quoted to the nearest 1/10 of one percent. Example, 29.2.
Also the term giess receipts ss used in connection herewith is understood to mean
all income whether collected or accure•d, derived by a lessee under the privileges
granted by a lease agreement with the City excluding sales tax remittances, state
and federal taxes on gasoline. The city desires to lease the property for an 8 year
period, terminating July 33, 1984, thereby coinciding with other leases at Dinner Key.
However if the bidder so chooses submit a bid for a period of time for other than 8 years
by slashing through and writing the number of years for which the bidder wishes to
submit a proposal.
Mrs. Gordon: -'hers is : ctitin I .r`, heard that precludes the bids that came
in from being presented to us as tney 'Lave, ---question on the substitute motion.
Mr. Plummer: Father on your motion you don't exclude anyone from rebidding.
Rev. Gibson: No. And my concern it must be waterfront oriented. Those words
are very clear.
Mr. Plummer: Are you saying waterfront or marine.
Rev. Gibson: Marine. All I am saving is, now we all know the same thing.
I'll bet a dollar to a doughnut, and i am a clergyman and I have no business
betting, when those men bidded, they didn't bid the same way. Let me point out to
/76
JUL 1 1976
the public the fact that, --I .just said to the ;,rthl.ic, these people once had
that recommendation. There must have been a misunderstanding. There can't be
none now.
+:", Plummer: W11 are ta'kine al)ce. Monty investing 1 4 million. WE are
talking about these people at S14O,OC;. of improvements. If yo t evaluate like for
like. Their proposal is a minimum gurnntee of 75 where Monty's is only 61.5.
These people are coming out with a hisser gutantee parcel for ,arcel.
Mrs. Gordon: When one invests, there is always a return o1 investments'
and that is part of the revenue that one must , onsider as a return.
Mr. Plummer : I couldn't care less about investment. l am concerned about
the dollar amount to this city.
Mrs. Gordon: We mur;t consider the dollar amount is the tonal value of the
end product, and that: has to be considered. That is a return whether it is
a return in the improvements in the property or the dollar in the pocket, it
is still a return.
The substitute motion which was introduced by Rev. Gibson and seconded
by Mr.Plummer,failed to pass by the following vote - AYES: Rev. Gibson and Mr.
Plummer.NOES: Mayor Ferre, `;r. Reboso and Mrs. Gordon.
Mrs. Gordon: We go bacl< to the original motion, would you repeat it.
Mayor Ferre: The motion is the Manager be instructed to negotiate, taking
Into consideration all that has been discussed and said, a contract with Bayshore
Properties Inc. an(' ret !trn to this commission for further discussion.
Mr. Pliormer: Does your motion speak just to the property delineated or
the entire truer.
Mayor Ferre: The entire tract.
Mr. Plummer: That includes the restaurant as well as the boat yard.
Mayor Ferre: That is up to the Manager to come back with the best deal
he can come bar!, with.
Mrs. Gordon; 1 would like to state my personal feelings that the acquisiton
of the total. property is of prime importance to me, as outlined by Mr. Brigham.
Rev. Gibson: I get disturbed when we brim; up matters that were not In the
package. i happen to feel that Monty I:; eoine to het Lite thing anyway because
they got n total, I nellave I have to t,tart oft giving everybody nn equal
shake. Everybody I'nows where 1 atnn(l.
Mrs. Gordon: proposal we are voting on now, meets the spec its
delineated in my opinion by the Manager.
Mr. Plummer: My vote, predicated on the fact that my statements prior
of being marine oriented still holds so I vote no.
Rev. Gibson: I wart to :hake this clear, I am not opposed ...o Mr. Trainor,
but I can't .ir. ',,rr .:onsc ence under T.;:y circumstances take advantage of another
outfit who dice't `:ale tl.. sane !:n:, le ee, and I vote no.
Yrs. :o: : , ... . - te 7 lied no intention of saying it
because Feleler'e stetemen= _;.'i': load .._...:-:tC:c to believe that there was some
misrepresertetion. 1 don't believe Le intended it to be that way. There was
none. The lid sc_c say Imagination, ce.. if someone's imagination is a little
sharper chin sc:^eone eise's that is to their credit.
Mayor Ferre: 1 would like to state for the record, and I really say that
to Mr. Spencer. A few months aeo, you slowed a lot of imagination, and you came
up and there were a lot of people that,:ere for Merrill Stevens getting that
property. You had a ;great deal of ar.i__ty and imagination, and came up with
a pacakge that was believable and credTie. You have a lot to say grace over.
You go built' that restaurant, and God :.less you, and you do a good job. What we
have done tenieht, now we have instead of two, now we have three and I think we
//?
JUL 1 1976
ate going to have a beautiful Coconut Grove.
The following motion was introduced by `1 tvor Ferre who moved its
adoption:
'1 11ON NO. 76-660
A MOTION REQUESTING THE CITY MANAER T9 EGOTIATE WITH
BAYSHORE PROPERTIES, INC. FOR D::i':.OPNFNT OF COCONUT
GROVE T:ARI:: , f P.0 ER T I ES LOCATED AT 2550 SOUTH BAYSUORE
DRIVE AND S7:B T s::C01•L;ENDArICNS TO THE CITY COMMISSION
FOR ITS CONSIDERATION
Upon being seconded by Coc i ssirner Reboso, the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Vice Mayor Rose Gordon
Mayor Terre.
NOES: Commissioner J. L. Plummer
Rev. Gibson.
42. WALLACE McHARG REPORT- BRIEF DISCUSSION:
Mayor Ferre: Dr. Wallace is concerned, because his contract runs out
real soon. We made him wait all afternoon . Out of fairness to him and ourselves
and to the community we have to set a late, and it has to be soon. Would you all
check your calendars to see what day wo can sea Dr. Wallace for two ro three
hours?
A motion was passed Ind adopted 'y a unanimous vole of the Commission
to hold a special meeting on July 8, L976 to review the ;Lister Plan for the
City of Miami, by Vallace '1ciL rg, Pob ,rt and Todd. See item ;i44.
43: AND. APPROPRIATION ORD.- APPROPRIATING $69,670 TO CHRISTIAN COMMUNITY SER. AGN.INC:
Mrs. Gordon: Mr. 1+estcn, would you read the ordinance on this item?
It '.ii1I only take a minute it in in the correct form you prepared it.
Mr. Weston: The erci:i:arce itself has not been changed. The title has
been clarified. Ther,upon `•:r. Weston read the ordinance.
Mrs. Gordon: That has been recommended by the Manager.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 8476 ADOPTED OCTOBER 23,
1975 BY DELETING THEREFROM THE APPROPRIATION OF $69,670.
FOR SOCL L SERVICES PROGRAM I;NOWN AS MARTIN LUTHER KING
DEVE .OPN2NT, AND BY FURTHER DELETING THEREFROM THE AGENCY
'!':OWN AC TC=:'t; PLTIK COOPS 2..ATIV'2 DAY CARE WITH THE AMOUNT
AI:2RC). LrTED 2:IEpEFOR AND SUBSTITUTING ThE AGENCY KNOWN AS
CHRISTIAN CO?•i'c.UNITY SER:'ICE AGENCY, INC. OF SOUTH FLORIDA,
WITH TFF L=`.OUNT PREVIOUSLY APPROPRIATED FOR SAID TOWN PARK
COOPERATIVE DAY CARE; REPEALING ALL ORDINANCES, CODE SECTION
OR PARTS TREREOF IN CONFLICT; INSOFAR AS THEY ARE IN CONFLICT;
PROVIDING A SEVERAEILITY CLAUSE
Was introduce_.' :.o ss _onr C-.bscn and seconded by Commissioner
Plummer and pas::ec Oil :i 3 .-J.i.,_ rt_a i;t:_ cy title by the fo1loG ng vote:
AYES: .z1nolo -._„_ sc
Cor=i2.:-::.one_ (Rev, ::.�oucre Ci.bson
Co=r �s�i.c:nc� .I. L. Plurrrer, Jr.
VLce .yol Rose Gordon
Mayor M-urice A. Ferro
NOES: None.
The City Attorney read the ordirance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
/ /6P
44, SET DATE FOR SPECIA LMEETING:
JULY 8, 1976 9 A,M, WORKAIHrArr
WALLACE,MC HARG COMPREHENSIVE PLAN
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION No. 76-661
A MOTION OF INTENT TO CALL A SPECIAL CITY COMMISSION MEETING
ON JULY 8, 1976, TO B?GIN AT 9 A.M. FOR THE PURPOSE uF CONSIDERING
THE COMPREHENSIVE NEI(•HBORHOOD PLAN SUBMITTED BY WALLACE, MC HARG,
ROBERTS AND TODD
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vo'.e:
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
JUL -1 1976
CONTINUING DISCUSSION FCR-
45, SOUTHERN BELL FRANCHIISE
`tr. Andrews: Mr. Mayor and members of the commission, since our last
meeting you and the cori1 ssion directed Mr. Brown and l attempt to negotiate
further witti the possibility of coming tc a conclusion that would be mutually
satisfa;:tor.• =o Scut: -.ern 3e_1 end t?' City of Miami. We held two such meetings
and rather than my :vine; you an of the limitations of this matter,
I prefer t`:c` :tr. I1-ou'; tcJ i you .:-tit iu: i:as, has a maximum offer, if I under-
stand his offer prop2riy, ,• vcr. to the City of Miami.
Do yo,; c:: nt to state your position Mr. Drown?
Mr. Brown: I don't 'snow ffi i- ..v^ to characterize this as an offer
Mr. Andrews. .'e wore ;e ;:-ores:, of re ;otiations and I told you at this
time that I would be vi!I n,; c cons.:d:r nn ultimate offer, as far as I
can go, 3% of local servicerci:urn revenge. That is a base of *53,140,000.
In comparison, which presented to you, was in 5 years, this would produce
57,971,030.00, in 30 years it would produce $47,'626,180.00. L compared that
with the fast understandtnthat 1 thought we had bean talking, about.Ynur
proposal $50,616,026.00 a differer- c of 2.785 million dollars. When
you apply the 10% excise t%x to the increase in the franchise fees it amounts
to more than 3 million dollars so that they dollars come out substantially the
same at the end of t;te :,0 year period.
Mr. Andre-.;;. "._; . Mayor and members of the commission, when we met last
in negotiations on this; the City .as nosition of using the same percentages
of 3.75%. ..,e 3 , and the 5.75'.Z, the city's position, applied to the same base
of 53 million dollars in Ioc:;i :zoccurring revenues, separates the city from
Southern Bell by cpp roxirrateh 40'J,000. In an effort to compromise our position,
recognizing net I had hc;peu ,Err we would not produce less than 2 million dollars
revenue to the ci_y, I was cor-:_-omise at that time a position that
woi.id have : o. e =ed ; i ^_ 0 �, . fiat c c. ec i
. �_,�u,�.,u. d '.;av _, rc.c a percentage applied
that _ of .... , _. T La: :� Brown if. it were possible that
this ,os::.ti _ :t 1 b _:.mac"e , ". - i; '.c. .' nice.ted L•;i:r me .Inn] indicated
that t.i:. .: !•.....,, not poaL ib... and t: : _ . wa': the maximum poni t ion that they ':oiiii
go to and sc' at that point, wo are, at the present time, st;,1otr.;jte:d.
Mr. Plummer: Let me ask a question, Mr. }trowrt, what in ycltr off
(INAUDIBLE)
Mr. Andrews: ter. Brown, would you be kind enough to go to the microphone and
put it on the record.
r?
//9
JUL 1 1976
Mr. Brown: I think in .an effort to try to come to some agreement on this, Mr.
Plummer, that we have discussed as my final consideration after looking at all
of the things that a 3i, of the local service recurring revenues and Mr. Andrews,
at the same time at the meeting, discussed 3.25% of the local recurring
revenues and over a thirty year period of time, the difference was 2.7 million
dollars. Now then, I characterized his as I do the 3% which I have been
discussing. I have moved from 1.% at present to 3%, he has moved from 4 3/4%
down to 3 3/Y3 accor.caino to what he says now of 3.75% and I think that's
essentially where we are.
Mr. Plummer: Well let me ask again, very simply, what is your )ffer? Is it 3%?
Mr. Brown: Yes, I wouldn't_ make it as .an offer conditioned upod working out the
rest of these franchise.
Mr.. Plummer: In other words, your offer is 31.
Mr. Brown: That's correct.
Mr. Plummer: Any free service?
Mr. Brown: No, sir..
Mr. Plummer: Alright, and that only pertains to local recurring revenues.
Mr. Brown: That's correct.
Mr. Plummer: Thank you, now I know.
Mr. Reboso: How much is that in...3%? What is the difference: between...
Mr. Andrews: May I ask, so that you're not confused in any way, Mr. Mayor, may
I direct my question to Commissioner Reboso. your question
and relate it to the 197E base that they're using of $53, 140,200 so that we can
keep this as simple as possible and not use the projections over the 30 years
because then I have to explain where there's a greater difference than what
we're talking about.
Mr. Brown: Excuse me, I don't_ know that I understood your question, sir..
Mr. Reboso: Well Paul said at the beginning that he's inviting us to compromise
for a 1.8 million dollars, 1.85 and I wanted to know what was the difference
between what you were offering and whet...
Mr. Broom: If he is looking for dollars, Ccmmssioner, I can identify it one
way, if he's looking for percentages, I'll have to differ with him. The per-
centages produce this, it oroduces $1, 59 1, 206 based or. a $53,000,000 base.
Now then if he wants to compare that with the 1.8, there's a $-00,000 difference.
If you take the 10% excise tax which applies to the franchise tax that we would
have to bill the customers as we presently do. That would be an additional
$160,000...
Mr. Reboso: To the 1,594,000.
Mr. Brown: That is correct so you're substantially together.
Mr. Plummer: No sir, I disagree. That is something that Southern Bell has
nothing to do with so the excise tax is up and above regardless of what the
franchise thing is. You presently are paying us a 10% excise tax, not you,
the taxpayers so I don't think that that is fair and used in the evaluation,
that than: franchise fee has anything eo do w__eh excise tax at all, it does
not. Remember, L,Ist _eau_ .:e came w r.Lin one stroke of the of the
Governor co.npleue:.y removing the excise tLx...
Mr. Brown: Commissioner Plumper, that is right except if he arrived at 1.8
as what his requirements were here, then 1.8 has been produced through this
method because the excise does apply co the franchise.
Mr. Plummer: That's part correct, sir, except for the fact, had he given in,
let's say we get into next year the sime position we were last year and our
needs are 1.S million and the Governor eliminates the 10% excise tax, we're
in trouble.
II1IIAI1'PRI!11IIAII IIIII
JUL 1 1976
Mr. Rehoso: Mr. Brown, the amount is so close, why don't you accept the
million?
hr,rir'r/::: Mr . Miiy'lr .01'1 mwfll] et:: •,t 1 h' o,•mtrll::' ion, may I 1rlt et rupt you and
'_'JrrunI:•';1c,ner lL!'f,oso plea':r•?
Mrs. r;vrdon: Okay, go ahead, 14r . '4,In+l',i .
Mr. Andrews: You know exactly how we arrive, alright, Mrs. Gordon, how we
arrived at the 135, so there's absolutely no confusion, I supplied you with
the same table that Mr. Brown supplied me with and if you look at the bottom
line which is the easiest to follow, in 19/30, use another tine if you wish but
that's easy to follow, of Southern Bell's offer produced $1,594,000, 3.75%
i.n the City's offer of the same base produeeu nearly $2,000,00C. You can see
it's $300,000 separating the two. In order to compromise, I divided the
million dollars in half, excuse me, the $300,000 in half and arrived at 185.
Mr. Brown: That's exactly tiie position you've taken on every offer which has
been Glade, Mr. Andrews. What my offer was became a floor to yc-u and you began
to nc,get.irlte from that point and I believe that the meeting before the last
meeting, T told yc:u that. .'i was the final figure that I w.u; prepared to offer,
did rv,t coine back to this last meeti:,q for the l rpose of necotiating, I came
back for a1: acceptance or a rejection of the offer and that's when you submitted
the 3 3/4''. and then later amended it to 31% for discussion purposes. Now i
would just like to keep the record straight for that purpose.
Mrs. Gordon: Mr. Andrews, may 1 ask you ,r question? At what point in time did
u drop negotiations which included the intra-state base?
Mr. Andrews: It's hard to say now wit.:cut going back to the record. At some
point after reporting to the Commission those charts...?
Mrs. Gordon: Why did you drop it?
Mr. Andrews: In order to try and negotiate this oat to a point where we could
settle this en a reasonable :,:Isis.
Mrs. Gordon: Also, in your attempt to negotiate an agreement, did you take
into account the benefits thae would accrue to the consumers or the users of
residential lines by the continuance o2 a base which included the interest of
state lies, not inter, interest.
:Ir. Andrews: I reco;nized t e tremendous advantage of including intea-states
-s part of the base, in fact, if we could get all of that base in, it would be
advantage to the homeowner in that there would be a major ship through the
business properties in achieving that. c.outhern Bell refused to even consider
chat in any way. The next best objective was to consider the tax base with
the reoccurring call which, if you want cc be real conservative, and I don't
have the figures to be precise., it would be guise undertaking to really break
it out but my judgement telis me that least half the telephones in this
community are business establishments ef some Find other than residential and
if assume that's true, end the major portir_n of these services are redirected
back to the neighborhcoes of tnis community, then for every dollar that's pro-
duced at the homeowner level, he's getting far more than $1.00 service in re-
turn for this so that...
"ors. Gordon: Also, in your negotiations, did you attmept in any way to provide
for future other uses that the lines will be put to?
Mr. Arirews: No.
Mrs. Gordon: ::othinc.
Mr. Andrew: No..
.?r. Plummer: :lay I ask an inquiry of the Manager? Basically, basically, is
the right in franchise of what Southern 3e11 is asking for any more or any less
than the franchise right in Florida Power & Light?
Mr. Mdrews; No, I would say they were quite similar.
Mrs. Gordon: What did you say, Mr. Andrews?
11111IiRNN
/1 /
JUL 1 1976
Mr, Andrews: They're quite similar, I would say.
Mrs. Gordon: For what exists today.
Mr. Andrews: 'yes.
Mrs. Gordon: But that's only for a matter of 9 years more or less,
Mr. Plummer: No, no Rose, I'm not talking about dollars.
Mrs. Gordon: No, I'm talking about_ term of years.
Mr. Plummer: No, I'm not talking about term of years, please listen to me
because I'm going to make a point that'; doing to be very important, okay.
I asked the question, is the franchise rights of what Southern -dell is asking
for any different more or less' than what Florid Power & Light ;has in their
franchise and the answer was "no". Okay? Now let me bring to your attention,
Mr. Mayor, Father (;ibson, for the rights, Florida Power & Light pays us today,
we've rer_ei_v.ied their check for the same right that Southern Beli is asking of
$4,117,053, the s<ric right is what they're asking for, $4,117,CT), they are
offering one r i l i; on vivo. Now this is the point I've been tryi •rg to drive
across all the way rri• nq and nobody wants to listen. They're a: King for the
same rights that the other utility has, they're offering a million anri a half
and the other utility, not hypotheticatiny on anything, they paid us today,
we got a check from them today for $4, 117, 000. Now my friends, ro me there' r:
a tremendous inequity.
Mayor terra: Alright now, f think we should hear first from Paul Andrews, i1
you have anything else yo,.',l like to .:t'1'] and I want to hear from Marty Finr'
and then I've got a recommendation whenever everybody is finished talking.
Mr. Reboso: Aceorcii.nq to recommendations from Mr. Andrews telling us, we have
a $45,000 difference.
Mayor Ferre: Pau__ Andrews is reco...
Mr. Reboso: Oh yes, Paul Andrews is iecomrnending...
Mr. Plummer: I think you've got a 21 million dollar difference.
Mr. Reboso: $1,594,000 + $160,000...
Mr. Plummer: Mr. Reboso, excuse me, con't misunderstand. We have today on
year to year, not 30 years, this is wlat Florida Power & Light paid us for a
one year period, not 30 years.
(INAUDIBLE)
Mr. Plummer: Well Mr. Brown, that's wiat the whole point of negotiations with
you has been about sir and I will remi'zd you that you promised to produce to
me a backsheet from your company declaring what your revenue base was from.
(INAUDIBLE)
Mr. Plummer: Well sir, I don't have teat. Has somebody been privileged to
something that I don't have?
(IP:AUDIBLE )
Mr Plummer: You see? I'm sorry, I don't have it so...
Mrs. Gordon: Yes, but the revenue base that I'm talking about would not be
the same ,one :ir. Brown because it's based upon what base you're talking about.
Mr. Andrews: vice -Mayor, do you have the Chair now?
Mrs. Gordon: You do.
Mr. Andrews: No, I mean, do you have the Chair?
Mrs. Gordon: Oh, I'rn carrying it, go ahead.
JUL 1 1976
Mr. Andrews: We're, I think, consietr'ntly losing thread here tlt.tt ie eo impor-
tant. I rer:r;ynize the value of trying tr, arrive and identify the tlifterent
revenue basic; in which to formulary, aomething end apply a percentage ayainnt.,
that's the r;eaonrl :;tep. The first s,t.••l, i'; the value of the public right-of-way
to the company, we want to sell the! t „ them, wha& is the value of that, public
right-of-way:' When }ou determine that, then we :an determine how to formulate
this so it's distribt,ted, easily ar;r c,t;:,t.-:',ie, easily administered but the first
thing we've riot to arrive at is, •:alje of that public right. -of -way
to the company .r:y so we've been mixirta U. alet of things and we've, been using per-
centages ar,d $53,000,000 reoccurring revenue.
i�i i®�9W1�dRlIl�p� I'IIIIJII IA fill vl I
Mrs. Gordon: Well you know the way I look at it, Paul? Invaluable. Why? You a
couldn't make a long distance call out of Miami unless you had a phone to start
.within Miami so it's invaluable. �6
Mr. Andrews: After you arrive at that dollar amount, then you can begin making
some decisions :tow to arrive at that: specific dollar and is far as I'm concerned,
you can
Mr. Plummer: Well look, we're kidding ourselves. What they're proposing ain't
going to ar)piy, what you're proposing ain't going to apply...
Mayor Ferre: Would you let the Mayor make a proposal?
Mrs. Gordon: I've got the Chair, the Mayor is going to make a proposal.
Mayor Ferre: First of ail., I want to hear from Marty Fine because he's been
patiently, like Mr. Brown, sitting here all afternoon so let's let Marty Fine
have his say.
Mr. Fine: I'd like to think I'm going to have your say, that is, the Commission's
say. You've all been sitting hero about 12 hours, I was here about 8:15 this
morning on another mattes :;o I'm aware of how long you've been here and I
apologize in advance for maybe taking 10 minutes but I frankly think that some
of this it oimatloa is rather important end I'd like tc' share it with you.
I'll be as quick as I can but I think it is important. Firstly, I'd like to
make a statement that I think is a vital part of the Great American. Dream for
any citizen to be able to appear before a public body but...
Mayor Ferro: Wait, I want everybody tc hear.
Mr. Fine: Particularly around this time when we're celebrating our 200th
anniversary, I thin;. it's worthy of note that there aren't many countries
in the world where we can still do this and so regardless of the outcome
of this procedure, I't:: pleased that I' able to participate in it and become
a part of it. .rankly I want to say once again that I think that the phone
company is one cf the best managed coitecydnLc_s in America and is a great
of the free enterprise system. I mention._. to Mat Gilstrap this morning, as I
met him, I think it you'd to a r-ooci idea if they made a bid to run the postal
service of the United States Government, I think they'd do it ;setter than we do
and go on from there. I alao mentioned that I realize that I'm a stockholder
in this company neccuse my family a nf. have owned stock in ATC for alot of
years and they o:.:. „_,,.Lhern gels. One particular thing I want to mention before
we get down to some facts whecr I thin: you'll find very :Lntriouing is that I
didn't mean to meat. any insinuations et the last meeting, 1 certainly didn't
intend to do it and if it was interpreted that way, I want to publicly apologize
to the company and to its officials and now let me got down to the business.
I happen to have here enact _:sine words ats ;.r . Ancrews just used. All we're
trying to do is get at the fecta and enen establish a fair price for the value
of the franchise which :re citizc•r:_, c. Lie about to °rant for the company
if we can work tut a deal. Let :ro l that _'Vo d€ter.rined that it might
be incees ct that the .. _ aaii_ .': 1 _ 'e -n ,.._ covers the states of
Floride , o eie . '.crtn C. ee _:'.., : ..... Carolina. In an effort to get some
information, .,-.,;:e to a; eee 10 or tL s after our last meeting asking
for these franchises and obviously did::',: c:et them all but I'd like to tell
you about one or two because I think it 'would give you some insight into where
it's at. I woeld consider the city of :.tlar.ta is sort of a flagship city in the
South and rrooably the main office of southern Be,l. In that instance, the
Southern Bell. Company entered into a franchise with the City of Atlanta in January
1973 for a period of 20 years. The fee there is 3% of recurring local revenues
plus 100 free phones plus a 33 1/3-: discount on all other phones that the City
requires. In addition, the franchise, a copy of which I have here, says that the
MITSIMMOIrif
/23
JUL 1 1976
Company cannot transmit any signal for cable T.V. or T.V. without the con-
sent of the city which would indicate to me that the City will require extra
revenue in order to give such consent.
(INAUDIBLE)
Mr. Fine: Oh, of coarse. I received a franchise this morning, after I returned
from a meeting thia morning, which really intrigued me and it's from the city
of Savannah, Georgia. also in this area. Once again it says 3% of gross re-
curring local services so frankly, in all candor, I don't think the country
has gone from 1% to 31: in this negotiation because they've beer. at 3% for a
while, it's just that they didn't give u: the same in my opinion.
(INAUDIBLE)
Mr. Fine: 1 want to be very careful about that, this sounds strange, I can't
have picked a date to it. but I want to tell you one other thing that it con-
tains and it's very irttriouing. In the definition of "recurring local service
revenue", M. City Attorney, i.t says, "Ail charges for local private line
services including audio and video program transmission services where both
terminal to the private iiee or within the City limits. In addition, it shall
include charges tor ors transmission, signaling, data transmission, remote
metering and supervisory eontrol where both terminal points are within the City
limits", so they'le getti.n.; to the point where they're talking about some of the
things we were saying about data transmission. Let me give you one other. City
which is outside of their area but still in the same company as I understand
it because all or the utilities are owned by ATC and that's the city of Dallas,
Texas. In Dallas, they executed a franchise in 1973 and that was for 15 years
and it's 4+. of Lacs; r. currine revenue and it :.ays, in addition to the usual
language, "hocai teie;: lone system inc ud_ing the following which shall include
but not be limited e eueio, video, •i to and signaling communication equipment",
and it goes ot. to eofine that.
Mr. Plummer: 1,11 ehac was Dallas .at ;.'..
Mr. Fine: Dallas at ..,,_. I have a copy of that if you want it. Now in my
opinion, the :ranchise in this particular case, Mr. Plummer, I sort of antici-
pated that q'J :;tion because I asked it myself. The franchises I define in
this case i' the r= a::-: '.o use j;uhlic property which is given in this instance
to a private busineee which renders i;.s service to residential and commercial
telephone subscribers -inc.''. to othsr eceinertial users of the transmission line
which are located in cv on such public property and. I think one of the key
items here ?S other" ce `::e c:la1 1_`sers. The Ci;.y Should receive its percentage,
in my opinion, freia all sources, not list telephones. For example, the computer,
state, and oiaers. As an analoc•y, I may offer for your consideration,
the Orange Bowl Leec;ues, 1 haven't read it, I don't know much about it but I
would assume that you receive a percentage on the gross of all food sold there,
not just on hot dL.cs a.ul pepsi-cola. It doesn't excluae such items as peanuts
merely betas' e t.1.w may have been grown in another state, perhaps in this in-
stance in a little place called Plain, Georgia. In intra-state, please keep
in mind that as yc'i thank about this, there is no city in the path of the
intra-state iin• '.,,,h receives a franchise or this clause. The company saves
that money, it oesr,'t pay a franchise fee. I refer you to the case of
Greenworth vs. Weseern Union at 123 Southern 712 which was decided in 1960.
In my opinion, you ought to seriously look again in inter -state calls. I'm
fully aware of the constitutional prohibition not to interfere with inter -state
commerce but I believe there would he rio unnew burden on inter -state commerce
for the State of Oregon to receive a fee or some proportionate share thereof.
As Mrs. Gordon pointed cut, riche' of these long distance calls are made by
businesses a.:<i f.hink .. it b. i l tau cost would be by the Federal
Governer.nc ee....0 I iu ,_ :at e.e.. creative revenue sharing I
want to :.___ I ai.:J: `e _ _ company is another source of business
and there rest. ,..en' _ : :-burs i.. bud I've been in touch with the
Federal Comneni cetlor.s Co ;ri,issio n and ehey seat me some information, I have
not had a chance to read it but I understand that we do not, the City does
not receive any money from that. I thin:: there's a good deal more information
that you ought to get as you look into this, I can tell you some places that
I've looked and eome of the information we've turned up. The League of Cities
has some but r.ot alot, Florida Public_ Service Commission has been very helpful.
I called a friend of mine in the Congressional Library who's ..n charge of
sections end surprisingly enough, he didn't have
much because there was sorne there, tht Federal Communications Commission ought
JUL 1 1976
to be a source but I haven't had enough time but. I recommend that: y'rir people
get there. Mr. Mayor, Commissioners, there's one very significant item here
that I'd like to mention to you and that is that the company properly said
last time that the Florida Public Ser•:_ce Commission has the regulations that
says that ar.v franchise fee over 1S L:a:;sed onto the subscribers. I've been
talking to the r1 iide Public Scrviee Commission and I got a copy of that regu-
lation yestc:rd: " eral I won't ''•girder ',io'.: eitn reading it but it's correct but I
want to reeeet tee the`_ . d e 'e-.e ef 1975, as a matter of fact it
was June 2.._:_, el:-:e t It ;lee e c e eotee, ;.ne I want to say without casting
any ie that anyone who serves on that Commission then, I don't think
there was enough sunshine in those meetings to get a sunburn from and I would
really believe that we ought to think about going back to the lublic Service
Commission to say that 20 years later, franchise fees is going up and they
ought to be considered some increase there. I'd like to tell you that there,
in 1975, was established an office of the public council as a result of what
the legislature did and I want to Clive you an idea that I think represents for
the first time a situation in which the company and I see eye to eye in our
concern for the consumer and I'd like tc., give you some specific information.
In the following years, and I'll go tnrough .it rather quickly, this has to do
with rate increases because I want to come to a point that I think is really
very interesting and merits your attention. You obviously know that the City
has no ri;ht to regulate the rat:es of the company charges, at least to the hest
of my knowledoe, the Public Service Commission does that. In 1969, these are
figures I'm quoting to the best of my knowledge which I received from the Office
of the Public Council. The e'•lone company requested an increase of 5 million 8,
they received 3 million 7. In 1970, they requested 32 million and got 21 mi11ioi.
In 19.72, they requested 54 of":lion and got 47 million, I'm rounding the numbers
out and you'll see a eettern emerging here. In 1973, they requested 72 million
o' and got 81 million. In 1975, they reeeeeted $216,500,000, obviously this is
statewide and received $157,600,000. The staff mind you, the staff of the
Public Se:vice Commission recommended, o.i tnat 75 year, $180,000,000 increase.
The Office of the Public CGut:C7ii : e-;ue meted $97,000,000 and eventually it ended
up at 157 so as you can see, by the Office of the Public Council, it appears
to me that they seved $2 3, 0e0, 0Ou. New the Office of the Public Council is an
agency which is suepesed to represent t,.e entire public of Florida in reference
to all the 21 telephone cop o..:.ies in ene _fate, 5 of which are considered big
companies, t::'?re are 4 ma -hoe electric companies and all the public carriers.
Now here to the :ecommeedatio::s that feel very strongly about and would like
to make to you beca.:se I chi:: : s eeelley what I call responsible consumer
action and thee 1.:- as fali:,'v:;. I +`oeld hope nat regardless of what franchise
you grant. and I sant to rta.'-_ ea aeencleetly clear that I •am not recommending
any particular Bruno ee wi teeeldi.::: ef a grant or any particular percentage
but rather telkieo about co:.cuts eno eivinc _; oe information or trying to.
I'd like to recommend that so,: iec;.uce in your franchise a provision that
each sui:scri. er, each re:iiden.:i.al suL c:i_:;;er would pay 50Ce a year and that each
corar.erci l _ ebscriber y ?1. u0 or "".2.00 a year, whichever in your wisdom
you see fit a:.d that money would prosily be about $125,000 or so and that it
be collected _ :IL tit.on ces: e ,n; and eed the Cit`' so that the City can
properly represent tee eeoecreeers of e_le hone service in this community at
tea Public Service rommisN,:_o::. Let me eG:. :c cut to you that the Iirst year
of the Office of the Public Ccu ncil, ,.-:ev had a budget of $198,000. They had
all of $ 2, 000 . _ `1. wh;-ch the higher e::.:: _ t wi cr.esses. In 1976, they have a
budget of $302;C.0 a:ad the eeeer: witness allowance is $60,000. There was only
one staff economise ens now tier e are t•;c. I simply don't believe that it's
possible for that d ancy to reeeeser.t eti of effectively but more importantly,
I would like to suggest that yo-.. consider the fact that a certainly responsible
consumer action and :lake dtrar; rood eenee :for me, as a residential subscriber,
to pay 504 to the City so thus you cae
the technic_J. ?eot'_e eo pre;:eriy .gee
raised. _ thank the _.:d::._.._... :, ..�'.
have e :t:_:c. __wn,
to CG,:'.0
th::1'
nire the necessary rate experts and
:.o :.c that our rates aren't unnecessarily
i : s1:417mi`::cd tc the voters, ought to
be c.:awn so that anybody who wants
ho7a, ..r . Mayor and Commissioners,
u'v :_tho:_iz-:d _;o that they would look
into t:.... _i _eec:_cn For ehe _ ... c eee ___ .'carp; would he agreed upon because I
personally think intuitively that tcc_: __ one difference of opinion about how
you comeutc the gross revenues even ur.c:, r the present franchise. I would like
to go on and talk to you ::or a long :._:;r more bur I know the hour is late dnd
I'd like to conclude on thi :.ot.e. I __.ce again want to thank you for the
opportunity to present thee meteriai ee eae. I want to once again point out that
I do not do so in any m..r.n_r which I ....:a:.d to offer any specific advice on the
final agreement to be reached by the cc:aany of the City but rather something
to be of assistance in presenting the Commission with many the fact and some
/ l
JUL I 1976
information on whi.eh you can t,nne an i nt -• l l i ee:a and meanirefu l decision in
entering into a filet t ranehic;e eere+•menr . i thank you for your attention and
I will be glad to leew('r ,nay +l+wr.t i„ 1,; you may have.
Mayor Ferre: Now. fir. Manag;t r aed fellow members of the commission, Mr. Brown,
I would lice eo make .; peoposa ! . The Mayo: of Miami has stayed quiet and listened
to everybnr'.'. .07 inns; ti.mt ::,:d ! ':•:e to make a proposal. I would like
to recom;neee a.
I den'', _. _ ee o eeswer et this t 1.me. he may went to answer
and just r.ejc:ce out_r eht. That is his right. 1 recommend we do the following:
I would like to respectfull.v recommend that this commission if it accepts my
proposal, to vote can it so Mr. Brown knows that we are not going to be jumping
around all over the elace like a jumping bean. And then give h.m until the 8th
which we are meeting on next Thursday, and at that time we wou:d again, if you
want to sit doom as far as I am concerned for the final time, end come to an •
agreement, or agree to Oisagree. here is my proposal, (write this down Mr. Andrews)
No. 1 that we get a certified audit on a yearly basis, you choose the auditor,but
rather than cur auditors going in and looking at you, and your internal accounting
department, we want a +:ertirficd audit that is acceptable to me, that would include
all of the it:ma that are involved in :he local picture,
No. 2, with regard tc tee clause that ,' Fine read on the Sav<.nnah contract,
that we eith .: :^ser: that into the contract or make a statement in hero that
we are only to:l:`ne abeet rep.;uiar telephone service franchise, in other words,
phone conver,ations aetween human beings. We are not talking about anything else.
Later on, if you wan_ ore can talk about the other one or we car. insert in in here
at your option. i _ is all the same to me. That was No. 2.
With regard with the very excellent recommendation of *tarty mine about, I think
it would be unfair at 'oint to ask for them to ado 50c to the -----because
Marty, if we want to; t' is commission can take out of the franchise some 50 thousa.
or 100 thousa:-id,--w. Lave t.h? right to do that and specifically earmark it for
consumer protect icon. :.ad we want to talk about that in the future, but that is
something we :an Lddress .., a later time. I think right now what we have to do
is cone to d a,. reet.^.ent .
So this ts the r! poh t. I have read this Atlanta contract, it was signed
three yeer.s _:zc, it ts year contract,--30 years is a long time,--1 would
like tc track eclee . i.._ go for 20 y•,ai. contract, that is in" 3rd point.
My 4th r.o:i::t 1E this, ant: l irava read these documents, I read the Atlanta
document too. I've Lad t be'.re today. i. am concerned, perhaps it is a legal
thing tha: has to 1) ; : ;sec'_ fied. and maybe I an an optimist and I see the future
differently, aei. tk in 15 years from now, we won't have telephones. 1 think
the American f;eniu:. r.rii the frru er,te.rhr isc system is going to come out using
short waaee, ncu::c:_. ofi ci.._ :loon or something like that, end we are going
to have a�_ �d.'c.-,�.'� n,.7.
I'll
tei. you *.drat is going to happen, ---this is
�__
a legal ques L_e-., be °tiredmL.yhe we are covered anyway. If we are
going for 20 years we are going; for '0 years all the way. You will be retired
in 15 years, Teeawe, set your successor, Idon't want him coring here and tell
my successor 15 year, vo: no';', we don't need any of those franchises, you can
have all the wirer '. ck, we tiive it to, it is yours. I think we have to put
a device here :hat says, if ::'e are going to 20 years, we are going to get paid
for 20 years. Do you follow me Paul.
Mr. Andrew:
Mayor Feria!: it may he covered and maybe not. 1 am not a lawyer, but it
seems to me it may be one of the ways to say this, that if they go to some
electronic device that does not use the phone system, they have to pay us
at least as much es they paid us the year before that, that they had the
franchise. That '.ras my point No.4. ;: they come 15 years fro m+ now, and
say Miami, we don'L cny of your stuff anymore. You can have it all
back and they eo '.o -tie ' :hat uses mircowave or something, that
we get _. =!;,u:n poryment lin the previous
years.
1 had _ lir_ ... ,y,.._'t;; l=", �. _ Lae intra-state and the. inter -state
aside and let the ccerts decide. ut are not going to accept that. I
really want to eee t; ia chin„ cot::proeLi.:> .d. So let's forget about the inter and
antra, and all _he oel_e,-
Now, ve ;et ':o tvo more nitty-tie _sty cnings. We started about that 8 million
dollar enery ±`c:_ which '_'l,:-mter has bee:: pouncing hack and forth about three, plus
a half, thee seal r.�at,---twirl oltay. 1 ".__.k we ought to do this. I notice in the
Atlanta, situe:ion here. It says in At..an.:., the company shall pay 3% of the
gross receipts from ail recurring locee service revenues or money paid in lieu
of such recurring local service revenue:: originating on customers supplied within
the city . Then it keeps on going. It says they shall furnish the city 100 free
phones, an, ..en it says, and other services and local exchange service including
JUL 1 19/6
the L' )cird of Lducatior. FI:; it may require at .: di.e.r,unt of ;3 I/3 I'ef' . ;It f r'„.
its regular :schedule of rotes. 1 wi11. t(•1I y„11, eI'd Lt i ::if;n•d hy t! Mayan
Slim Famcell, and vice president of operet i no of Southern bell, Aim Ir•Ivie,
That is ju t 3 years ago. •Ming'; hove (:!I:lII;;c: ill the last 3 year:;. We have to
du a little better than Atlanta.
Mr. Brown: - streets th:.tl. we : 'e here for our f nc i liti.(•:;. if
that is tic, ;lee point of iv _a;, state calls as part of th(.: base
on which t base the revenue, T.ay'Je vo: i i to some extent. On the other hand
I think ais) that it is Oust as valid for us to say that those things that
do not use the streets which we arc presently including in our local service
revenues, should be excluded, which would include really a tnuc':1 larger base
than you are talking about from an a standpoint of intra-state calls.
Mayor Ferre: Are you telling us we would give up more th o we would gain?
Mr. Brown: I would have to contest that point if it got into a base. yes
definitely. Ir.cy opinion, if I was successful in that, you would lose more than
you would have to gain.
Let ma „o e little further on here, on this matter of the Atlanta and
savannah contracts, where he read into those items of private lines which
originate and eerminate within the ci'y, we are including those type revenuer
presently on our local recurring revenues. Anything for which we get a local
rental mcntl:ly, , is included, of all types he has identified so, the auditor
from the Ci.y he.s previously ,one incc this and has determined this to be correct.
I don't think there is that much dif_e_c..ce there.
There ds onE other hoint I would like to make and you talk about percentages
and I know o iectic: s are soini' to 1.e `_el.:en to this statement, but when we look
at everything overall as to how much a customer's bill has increased over what
the tele hc:.i'_ cc. fully itself g: is out07:, in other words we have c'l basic
flat rate en.. coytning such as uN=is` :a.. or franchise fees or whatever you
want to call it, is passed cn to the cuetoriec for payment there except we
absorb 1,` et the present tine on this thing. So the fact that Dallas pays 4!`.
I can tell you t'.;ey hr-_ve no excise fact that Menphi s pays 5%, I
can tell you they have no excise t exce. The fact that Atlanta is paying 3;
plus these other things, they co no .love an excise tax.
North Ccrolina pays no irenci'__sc= _ e , _1 you want t0 bring t'vtt in
or other states ..'.m...i..o eo th t. c r_. :re no frencr1i:e fees. South
Carolina
has no frar.chiee fees. They have a license fee. When you get down to it, I
think you: ste_oeinh r.oiat would be Clot what are our basic; local recurring
revenues there, and what is edeed oo Lhere, whether it is in the form of
excise taxes or frencbise fees, oe ;atever it may he. This is what the customer
is finally taking up. '. think it. is a. 1letle bit unfair to say on one hand
one city charges and another char. :s
The other point you made Mr. Mayor r ci; far as certified audits are concerned,
Mr.Andreus has written me a leaser cor.__n1i_;_; that. I don't know what my auditors
will say .o r;a about the methouolcgy used. T think they will agree, whether or
not they will certify ui.thoot h3i: g through a large volur:es of work, I dont
know. I thin.; ycu are more concerned about methodology than you are going out
behind it. if not we will clarify and discuss that part of it. I have no problem
with that.
The 20 yeet f r anehioe, if that is the he:nc;-up in the agreement, 1 guess
I will be willing fo hy successor to come hack her'' and talk wi tit you coraais:;loners
about a frenciti_.e, 20 years.
Mayor Ferro: I rnif:hr be around.
Mr. Brown: Your thoughts about some other device being used in:;tead
of the lines in t}ie st: t•et. I don't know flow to colzlent un that. The know-how
is not present eo:; and 1 tniai: it is a. little far --fetched. But it is entirely
possible.
:Mayo I:erre: We ..re :ce.t cn` e 1_...e toe on Mars the day after tomorrow
as I under:.sand, or the oth or 7th. FI.Oeen years a;;o, if I had told you that
you would have throwln r.•; out of your office.
MR. Brown: That is right. The 3 a:::: 1/4 hereent plus 33 1/3 percent at
this time I would have to say no. I will do as you say, I will ho back and I
will consider that with my officials. I have already dia;cu;sed it with thc.;1.
They have tee n a posit inn bat if you wont rue to run it hy them or r;_]re t kte,
I will do it. I think I lnow the answer.
Mayor Ferre: I would like to say this. I may be wilil.tling Uixie here
if you Soul' ners will forgive m,., and I may not have 4/5 votes. 1 want to
R"
test it. inert. 1S UM- t:tie cuuntiIi; this:<ens before they h::tch.. woo1'1 Like to
/92
JUL 1 1976
put it to test, to see if there is a 4/5's commission vote here and if there
is, fine. If there isn't I will let somebody else make his statement.
Mrs. Gordon: want to ask a question your prospective motion. The
computed dac.a c_l .-s for transmictir ,inen, across phone lines. Was that: included
as part of your motion? Part o: the base, everything was included in your
motion?
Mayor Ferre: I said we would be willing co do it in one o. two ways,
and I don't care which. One we include it in here for the 3 1/-, and the
other is, if you don't want to include it we leave the whole t';ing out
and sit down and negotiate that in the future, after we know :what we are
talking about, your option. We will leave that up to you.
Mr. Brown: I don't really know what she is talking,
Mayor Ferre: What she is talking about is this. You have already
answered it. I think what she is referring to in that article which is what.
Marty Fine referred to and what the Savannah thing included is, that besides
just people calling on the telephone and talking to each other, that they
transmit data, with computers, tape recorders, telecopieis.
Mr. Brown: Let me see if I can clarify that for her. The only thing that
we charge for on that is, a line between a computer in our office, and as long
as that line originates and terminates within the city, that rental isn't included
in the base we presently settle for,
Mayor Ferre: What we are giving up is calling from here to New York City
and transmitting cem:uter data that way. We are also not including telephone
conversation from here to New York.
I see your point, I want a full commission here before I make a motion.
Mr. Plummer: :;r. Fine, what do you think about the Mayor's proposal?
Mr. Martin __.e: I am not going to answer that question. I don't think
I was elected by the ,,eo:,1c of the City nf 1,liami to make that decision. The
one thing I Zeel very :strongly about, ie .;hat consumer protection that I think
should be built into zis. franchise. I think for example if I knew you all were
going to be here:forever, I '.'old be satisfied if you spend the money. I think
you ought to either change 50c and let the zonsumer pay it, or take some percentage
as the exiseing franchise fee aai do ic. I would say this, that we have all learned
a lot. For example I did not }:now that certain other states didn't have an excise
tax, but I don't really think that changes much. I think we have
and I think you have a lot more information on which to base
think we are headed in the right direction.
For example, nor did we know, that data transmission
was
come a long way,
a decision, and I
included was
included in the base, or I didn't know. I must tell you, you wonld have to have
10 rate experts and five Philadelphia lawyers to get this intonation from the
phone company, end dnivate citizen doesn't have any access to those records,
to the best of my knowlege. So, I want to say we have cone a Long way. By the
the way I think ne methodology is a very significant piece of l usiness. I think
Mr. Brown is correct. I don't think the City and the company are agreed on the
methodology and 1 think that. needs to be built into the franchise. I don't mean
to be evasive. I don't think it is my prerogative to answer that question.
Mr. Plummer: The only reason I snic':er Marty, you have been so definitive
in all of your reaarke to thin date, that no;; you are not.
Mr. Fine: I was_ ::,-, _ ei boa,;. co e'ne _ . T think I have been definitive if
I may suggest in b_ ang_n yc.0 da:a and information.
Mayor Ferre: You sure have.
i$r. Fine: I have tried to put myself in the position of saying, like
who wants all the facts.
Mr. Plummer: You remember Marty we had a healthy disagreement upstairs;.
I said to you at that time, I repeat this time, that the intra and inter -state
to me is not as important as the final dollars. Well, Marty Fine jumped all over
me about the fact it was the most important criteria. But now chat it has been
A71) JUL 1 19ib
dropped you don't seem to he as upaet about 1t.
Mr. Fine: Let me say this to you. I have no question in my mind that the
city is entitled to receive money on in'_ra-state calls. I have a substantially
good feeling about the fact that the city could charge a fee in interstate
calls and not constitute an undue burden on interstate commerce. Whether or
not you want to go that route, and go to whatever it takes to define that,
what I feel very badly about is that we didn't do that when we first raised
the issue, the city didn't do it back in 1.970 and you could hive had a declaratory
decree by that time, from then to now, determining whether or not you had that
right.
Mrs. Gordon: Mr. Brown, may I ask you a question? You have always been
very firm about that point and are you taking that position because you think
it is illegal for us to,
Mr. Brown: No, Ma'am, ---on intrastate yes, --
Mrs. Gordon: intra--i,n,t,r,a,----
Mr. Brown: intra, I am not taking a position it is illegal but I say
to you that whatever the revenues derived from that, ---if were ever going to be
applied to it, does it all come to Miami.i want to remind you also that if you
�- are going to exclude certain revenues which are larger than what these produce
through this,
Mrs. Gordon: such as what?
Mr. Brown: Such as your PBX systems which switches within a one -building
complex. And you can make them for residence extension telephones,where you are
paying forthe line that it already uses from your house to the office.
Mr. Fine: Mr. Mayor I want to finish on this one note. You are under
a very distinct disadvantage. You don't have all the information. If Mr.
Brown is noing to exclude anythine you have to know how many collars that i-
and if you a<o going to inciede it you nave to know how many collars it is.
You also have to understand _het yo:: c_c,:-' t net any fees for services or any
installations they charge. You don't Let any money for yellow 000k fees they
charge. They don't use the streets for yellow books. I am aware of that, but
that PAX system could not operate unless ha uses the streets. I think that
Lauderdale case, ----we will gait on than.
REv. Gibson: Mr. Mayor before we make a motion, I hope we don't be found
in this bind again. Whether it is Southern Bei1 or Florida Power and Light, or
anybody else. I that this commission beo7ore you make any notion to do anything
about Southern Bell, will ac:cpt a policy tha;: at least two years prios to the
completion of a contract, that the negoriaeion be settled and it is mandatory
that all loose ends ere tied up and settled before that date runs out, whether
it is 30 days, 60 days or 90 days. It is incredible that we would be sitting here
negotiating a contract this late hour in 'the day. I don't mean Thursday. I am
talking about time, months, ----a thirty-year contract.
Mayor Ferre: I'll include that in the motion.
Rtv. Gibson: Okay. No. 2,--T: do e't th__^.k we need, or we should not go to
the public unless we have cleter771ned. are the things we set the guideline
about, wi,.t we are F';oir.; to irce a f o i to go, to say 3% on what?
We need to find out if n ac , u rc• .. =s a :.an of t:enor and integrity.
The telephcne com*lariy fs SO P.; r 1::::VC ") ray for the election anyway. so let's
find out wi:at other folks are charging. Were do they get the 3% from? Is it on
this or that, or that? If we don't '. :r.c,a, the thing for us to do, I want Rose
and the Mayor to hear this, you want m` to vote on something I am not about to
vote on. I .a sick and tired of being a fool, running up the tree the last minute.
Let's take first steps first, and when we come here on Thursday, we don't have
to stay until all of us are worn out, hengry, our wives about to quit us. I don't
know what my wife is going to do when 1 net hone.
I think ve could have the election 60 days from today. But let us know
what we are assessing and Mr. Mayor I am not so sure, ----
Mr. Plummer: Nobody seems to have a copy and that is the point I was going
!!!.�?A'£l�R�l
/l
JUL 1 1976
to speak to Father, of Mt. Brown's, -=where he derived the 53 Million which
he proffered.
Mayor Terre: I a;;ree with C ibson, and I think we can cover that if you
will let me make a :nocion. If I dea`e cover it, vote against it. You need
4/5's vote. 1 have passed the gavel over to Rose Gordon, and I want you to
listen carefully to the motion I am going to make. I am going to try to make
as many people as I can happy. I may not be able to. Let me try.
I move the City Manager be instructed to finalize and come back to the
commission with a document in principle, but not to be agreed upon until the
full, legal document has been hammered out, word for word, comma, every period
and every sentence, so that we get the document. We are only voting on principle,
we are not agreeing to anything until we have a final document hammered out and
in our hands and we are able to read it.
The following conditions to be added: 1. that the Southern Bell Phone Company
give us annually a certified audit by a independent public C.P.A. that will include
all items covered by this contract, which means all of the internal matters within
the city limits. That we will also have the right to also send the City of Miami
auditors to ask questions as we do at ne present time.
No. 2. that there be a clause inserted similar to the one in Savannah, or
properly drafted that will include all of the useage within the city of telephone
equipment for whatever purpose, transmission of data, computer runs, telegraphs,
whatever it happens to be.
No. 3. that •:'.,e contract be for a 20 year period.
No. 4. :hat there be built into the contract a protective clause so that
should during the rm of the contract the system become obsolete, that we will
get paid no '_.es. than the maximum pa s in previous years of the contract
No. 5. than :he City of Miami receive a one-third, (33 1/3) discount from
any and all phone services used by the City.
No. 6 that the rote be 3. 25
No. 7 that the eegotiatfons begin at least two years before the end of
the franchise, and meat be competed u months before, so there is plenty of
time for a referendum vote, I so move,
Mrs. Gordon: The move then included only local phone service, correct?
Mayor Ferre: Correct. I will put it in now. that this he just the City.
Mr. Plummer: I haven't heard anything in reference to the report from
Mr. Brown.
Mayor Ferre: What report of Mr. Brown?
Mr. Plummer: Mr. Brown spoke of a report he promised to furnish to this
commission.
Mayor Ferre::All right, then that Mr. Brown furnish the report with full
information as to 'law he comes up to the 53 million dollar base, all the facts
going in it, rea arding all the phone calls etc.
(inaudible reply)
Mayor Ferre: I include that in my motion.
Rev. Gibson: I second them motion. That is a long way from where we were.
Mayor Ferre: Let me talk co the motion, and I want you to listen very
carefully.
I an nz,t. zipping r:y ha:: ! in cr.y ; a 5ut let me tell you, No. 1, do
n't
I don t
think th_s fa the tire for the City ; f naami to get into another lawsuit.
Napoleon o":..0 sa;:, .it it happened •»`ie1.1 the Germans, with all the Prussians
with steel he_mir_s, _nea' started epea::T.e so ma'iy fronts they couldn't keep
track of what was aoina cr.. We have eo:ie heavy stuff coming on, double taxation,
we have a potential lawsuit, I don't know if I should mention this, I guess we
may as well get it on the: record, you know Stu Simon said, and that Judge Popper
said, do you remember? So I won't have to say it on the record? About Hialeah-
Spings,--!
Mr. Plummer: Very well,----
f
/JO JUL 1 1976
Mayor Ferret f am not saying agree or disagrt1 i fNn lost sivihe rettrPtitjtrwi-:
Mrs. Cordon: Yes,
Mayor Fir -re: ;ind I would like to point out the City of Miami and some
mottling newspapers, like to point out, once in a while, that we are tattering
on the bring and some friendly law firms point out that Miami 'won't he around
next year because we are going to go bankrupt. The funny part see it just
backwards. What they think is our weakneaa I think is our c,treagth, because
they say we don't have enoug}it ad valorem taxes. You knew what ;l super deal
the citizens of Miami. ire getting? ON every dollar we spend, t.ie ad valorem
local tax payers is only paying 28 cents. Now, how about. that? That is a deal.
I'll tell you another little secret. You know why Metro wants, --why
that certain morning newspaper, and certain law firms, want to get rid of
the City of Yiani? Because out of 100 million dollars we are going to spend
next year, the little homeowner only s paying about 30 million dollars and
there is about 65 million dollars that we get from other places, like Southern
Bell, Florida Power, the state and federal government, franchise, this and that, ----
if the people of Miami had to pay, the ad valorem tax payer had to pay, what it
costs to run this city, there would be a real revolution. That is why they want
the City of Miami, ---don't ''.id yourself. What they want, ---for 30 million in
ad valorem., they get 6f, mill on dollars of goodies. That is why the City of
Miami is strong, this is our stren;t'i. That 15 why I think, because of our
dependence on t'.iis,---you sae, we ;;eve a different way to skin this cat, or
milk this cow. We are like the :comer that lights the bulbs at 3 in the morning
and all the chickens think it is daviiee anci start laying eggs, and maybe they
will lay an extra egg here and there.. Mat is what this is all about. I really
recommend to you, that you seriously take all these things into account and vote
yes with this motion, 1 think it is time to fish or cut bait, and I would like
to go fishing.
Mrs. Gordon: Any other discussion on the motion?
The motion failed to pass by the following vote: AYES: Mr. Reboso, Rev.
Gibson, Mayor "Terre: NOES: Vice -Mayor Gordon and Mr. Plummer.
Mayor Ferro: My speech didn't do eay 'ood.
Mrs. Cordon: Your speech did a lot of good. I think we made a lot of
headway.
Mr. Plummer: Mr. Mayor may I ask for a point of clarification. One point
Mr. Mayor I hive to discere.e !.'it., _'Cu. i don't care how many fronts we have to
fight for the taxpayers of ,.iis coontai v. 1 not going to let this one or
any other fight go coign the dra..r. if T feel they have a dollar's• worth coming,
and I am going to fight for it. ; war.' ..oi:.t of clarification, I listened to
your speech, 1 want to know what are ;tee mechanics. What I mean by that is this,
Mr. Mayor speak r - i oieat_on. : dc;::'t ;_`.link there is a litigation, hut that
is what I am as : L i.,-. ' c MI only y 1 i e i; t on can come about if Southern Bell
files litigation r,, raps t us.
As I understr_nd it, this ccrnmissian has the right to put on the ballot
a set percentage. it does not,
Mr. Weston: You have to put a franchise on the ballot.
Mr. Plurrener:l•'e tarn':- ri !-Le to .._t i franchise fee on the ballot, with
or without Sou.herr t:•'.ti_ C .. ..:. _ i:a carrect?
Mr. Weston: .otas I . _:.ice: za d it. have to put a franchise up to
the voters, and that requires two parties.
Mr. Plummer: Maybe I am missing something. In other words it has to be
agreed between the two parties.
Mr. Weston: The thing that is up to a vote is approval of a franchise
and that is the agreement between the parties. A franchise is a contract..
Mr. Plummer: Answer my question. Are you telling me we have to mutually
agree?
JUL 1 1976
Mr, Weston: That is correct.
Mrs. Gordon: It is a contract between two parties. I want to ask a
question which is important because we are meeting here on the 8th and
I would like to say that felt the 1.1c1: of tiot:iiled information tonight.
The statement Lna; ia, o that if 1:he infra -:Mate was included
certain other things would be excluded, i it possible you could; furnish
me with some more details along those lines? This matter could eery well
come back to this table in a similar manner if we had sufficieno information
to look at. Is that possible?
Mr. Plummer; Let me make a statement for the record Mr. Brown. We are
not that far apart.
Mrs. Gordon: Can we say that we would invite them to be here on the
8th and they will be furnished with additional information. Mr. Brown
indicated that if we insisted on the antra state that was not a.i impossibility
however certain things would be possibly excluded. 1 want to know what thnsp
things are. 1 don't play cards without knowing what cards I am holding, 1 don't
know what I am holding.
Mayor Ferre: Mr. Brown that is up tc you. YOir want to come back and talk
to this commission more. We are close, but didn't agree.
Mr. Plummer: Mr. Mayor I think a very important thing, and I hate to use
Jim this parallel with you. I am sorry I have to, but I think has to be put
on top of the table now. I think we have to discuss Mr. Manager,August 13th.
Their contract is up August 11. We have to discuss it now. As 1 understand it,
and I am net trying to be funny, but August 12th, they are out of using city
right-of-ways. I think that is a very important item to discuss because as we
stand right now, cn Au,!ust lath start becoming illegal with their. poles.
Where are they August 13th,
Mayor FErre: No where, ----you know where we are? We are in court, pal.
We are in court.
Mrs. Gordon: 1 would like to again reiterate the fact that there is
information that has not been given to me. I cannot make a blind decision.
I don't make blind decisions on anything we are asked to vote on. We have
been told certain things; but we have not received you are willing to give
it to us, you said. If we get the intra state, you will eliminate something else.
How many dollars would that mean to us? How many dollars would it mean to the
homeowner, how many dollars would it mean to the commercial users? If you could
give these things to us I would appreciate having it.
We will meet again on the 8th?
Mr. Plummer: This is something I asked for 6 weeks ago, Mr. Brown offered
to give it to us, and I have yet to see it.
NOTE: Mr. Reboso left the meeting at 9:08 P.M.
46, DISCUSSION ITEM: EXPLANATION BY CITY MANAGER OF DECISIONS
JUL - 1 1976
SUMMER CLOSING OF SWIMMING FOOLS
STATUS OF CASHIERS
Mr. nc'rr qa. T :h:.nk ono c. '-:,L L are ',7aiting on the answer on
the swimmie Toola. l ..:lit to ' .anm report that we
. - _ -• _ ::t:��,: �on inter
are reasst.s' i:z2 pc::.:Maori on _ha ;,wil.f:I_ig Dols and at least for this entire
s,nnmer, we .__c oat cc, keep the pool:_, o .2r.., we :,re going to keep the lifeguards
we have 'auc we ! iuini; to come up with a definitive report to the commission
as to what .ne programs ..re.
Mayor Ferre: You could have said that two hours ago and let all these
people go home.
You want to talk about the pools?
Unidentified person: Mr. Andrews, the question we were here for, was the
status of cashiers. We knew the status of the lifeguards.
/3-2
JUL 1 1976
Mt, Andrews: I am not sure of thnt.
Unidentified person: One of the Assistant City Manager told us this
would be on horn today.
Mr. Andrews: 1 am not sure of the 'ctatu, of the cashiers :'et but for
the time being, they will remain, hut f nm not going to make a firm commitment
as to the final status.
Unidentified person: They will remain?
Mr. Andrews: 'They will remain through this heavy use period, then we will
make a decision.
Mr. '.yen Schoenmaker: 1 am one of the city's swimming pool managers. 1
have never :,ttended a commission meeting before, and 1 am on m•✓ own time. 1
this commission adds a lot of class to this town.
The cashiers at the swimming poops, they are woman, ---I don't know if any
of you people have teenage girls. But we have to have a woman .it the swimming
pools. N were open to a lawsuit some Lour or five years ago joist because of
that one situation, and that when tiie decision was made by our director
MR. Hilton. and No Andrews an.i _Ir. :;ee:,e, that there must be a woman at that
swimming pool. You can under.st_nd Coot I know.
Now, for the month o: June, ust passed, our attendance nt these swimming
pools, eight swimming pools, was abc'l ?:•,000. patrons and thi.; represents 80%
of the citizens of this communi_y. i,c ,; ow what 80 of the citizens of this
community ;:_e. They are the b:.:.;;:::,, a nn the Spanish, and these people can't
afford that tan eollor:, to go the _)o pain „_me and they can't afford to buy
a boat to out down in these r.::::-_nas but they can afford to go to these swimming
pools, because thanks to you, ;you mace silom free this summer.Great. A wonderful
thing, but .-e e to hoop ,t, - ,...l at these swimming pool
s. i am here on behalf. of
80% of the citizens of :hi:_ _o--ln;_. , oo a .,_presentative of the GEA for
the swimini. , Fco2 s , but repo :. ;_n t 'co --le, EC) of this community, and
I am telling you nay _1- 1t its recreation program is
standino still, pP_c, us. ti _ cni'nsron of this community cannot ^,o to the resta
urants
and they c_onnot , o to t:T ,,irks. ;ire:. some of the parks Coat are available,
but they can g.. cc t.les._ swlmmin - pool!, ^d this city has not built a swimming
pool since IY-i w:.ich was ;5 _.... T _t.at period from 1961, the county
has built 24 swimming pools. ':hey kna recreation is. It is in the swimming
pools. YOu g, to any perk that hos o noimoi.ns pool, and you will find that if
there is 40 children in tnac ;pork, ::o is 4C0 children in that swimming pool.
That is where `_he oecreatic:. i . %:C:' ex:r nv h.:s recognized this. When we build
our last pool the county di-~:`t _vcn :.::«c cne swimming pool. They have built
24. Four more are on the drawing hoards, o I am here to beg this commission,
to establish aad instruct the administration to build at least four more swimming
pools in this city.
Thank you .
Mayor Ferre: Look friend, lot me you something. I have been up
since o c' cio: k in the morning. It is Low 9r o'clock. .• have begin sitting and
working her for 15 hours. I :Jr, going tell you Paul. I know you are retiring
but I. am ,;oir.y to tell you, we a - `.t't ^,oin4, to have this anvt.:ore. This is it.
Either that, I at:, quitti-v Ty job. Y,:.0 can ; o find yourself another Mayor. I
am dead serious. I a: rat to 1,1. yp witk this anymore It is inhuman,to
have a pe' _ ,n like Father 1:_..,on ar. i don . andall as to sit here, --
I � se moo.- of
I don't oe ruleco ycs, but 1 didn't
hear a word you aaid. Yn'_ y? ., _..ou3.- I an so tire that I don't know what
is going on. .'ou said cmethi-.. about ,.cols. Yo,; schedule that next time around
Mr. Andress, and let's get c i:_g bec_ut _ I am in a mood to vote everything down
right now.
Mr. Schoenmaker: Mr. Mayor the next time it comes up, can we have a
regualr agenda time?
Mayor :'rre: Yes, and during the day. I am going to tell you something
on the record Mr. Andrews, and I air. going to tell my fellow commissioners this
is the last commission meeting that this Mayor is going to be here for 15 hours.
I will not work beyond 6 P,M. anymore.
JUL 1 1976
ttil, MOTION OF INTENT:
JUL -119/6
E_sTABLIsH PoLI':Y fir .,rwMrisfuN
MEETING; WILL_ RE-cE ;s FOR LUNCH Ni.(
MEETING, WiLL ADJ()HN NO LATER THAN J:!) +� ,
UJNFINISHED hUSINESS CARRIED TO ANOTHLR DAY
Mayor Ferre: Rose you make It a mot ion. Rose Cordc n novuy,
Plummer seconds it, that 'ae are not I;oine i:not anymore beyond f. PM.
Mrs. Gordon: Mr. Mayor other public bodies break exactly at 12 o'clock,
and come back at 1 or 1:30.
Mr. Plummer: We said we were going to do it, and we didn't stick to it,
but as much as it might hurt some people, Mr. Mayor I say to you sir, that
if we stick to the agenda, ---
Mayor Ferre: I have been here for 7 years, and I have never seen that
happen. I have the hest intentions in the world, and you have bEtter intentions
and they never work out.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 76-662
A MOTION ESTABLISHING THE POLICY OF THE COMMISSION THAT FUTURE
CITY COMi`IISSION MEETING WILL BE RECESSED FOR LUNCH NO LATER THAN
12:30 P.M. AND ADJOURNED NO LATER THAN 6:30 P.M., WITH ANY UN-
FINISHED BLSINESS TO BE CARRIED OVER TO ANOTHER DAY
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES:
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Absent: Commissioner Reboso.
JUL -1 1976 1
48, ITEMS TO BE DISCUSSED AT SPECIAL MEETING ON JULY 8
Mayor Ferre: 7:ith the authority I have in the Charter, I art expanding
the July 3 meeting to cover:
1. Wallace McHarg study.
2. Southern Bell said they wish to talk with us again.
3. Ed Cole as agent of record, for group health and life insurance
4. The Flagler lighting system.
JUL - 11976
INVITE MR, POBBIE TO NEXT
CITY COMMISSION MEETIUG
49. USE OF 'MANGE BOWL BY MIAMI DOLPHINS: PERMIT PLAYING OF EXHIBITIO:J
GAMES W/O ADVANCE PAYMENT
Mayor Ferre: I have been sitting on this all day. I had a conversation
with Hank Meyer and Dan Paul, one is a lawyer, the other is a juhlic relation:3
representative for the Dolphins and Joe Robbie. We are on dead center. We don't
seem to be able to get c'f!: the di:::_. I ir:a;:e a let of statements this morning about
Joe Robbie,--nei, 1 would like Lu .:ak : a '::.` . on ard recommend :he following, this
is in the St'. :cLe-zt it":".=Ure : of [:yin , o move off t! e dime, to move ahead. 1
would like to invite `•'... :obb e :o come down here. I would like to
invite Mr. Xc::ulty, the r.r.gineer, is tha: his came, and our eni;ineers Mr. Runde,
----tell thee, to ba here and invite th.n so we can have a little debate. I want
Mr. McNulty to come hare and tell us .bou: tha Orange Bowl about seating, parking
concessions, and public areas, and convince us how he can build his stadium for
26 million, and I. want our people to argue with hint, and have :t little debate
hare. Let's haveit open. I want Robbie here. If he doesn't come, we have no
meeting .
/37 JUL 1 1976
Mr. Plummer: ----that they Furnish a copy of their report to
our people prior so we can be n_epareu.
Mayor Ferre: That i3 a va: id point. tie have to have at Leese one week,-
5 days. Th_,_, have to give us their repuri tomorrow. They want o meet on the
8th. If they don't give it to us tomorrow, then we meet on the 22nd or some
other time.That is two points, I accept c.nat.
Third point, the Dolphins now pay $22,000. a game rcughly. As a sign of
good faith, but not binding, that we permit them to play the illy 31st and
August 14 with an advance payment of $33,000. per game ahead o- time, and
that it be retroactive, in other words, that if and when we coiie to whatever
agreement we come to, that if it is $100,000. they owe us the difference.
Maybe nobody will hack that. I feel let's turn the cheek one more time and
try to get these people here.
I make that in the form of a motion.
Rev. Gibson: I would second the motion but I want to exclude the
money.
Mayor Ferre: I remove the 3rd portion which is the $33,000.
Mr. Plummer: I second the motion.
Mayor Ferre: I'll make another motion of 33 and see if that goes. If
it doesn't o, fine. 1 tried. That is chat Danny Paul and Hank said would
be a sign of good faith and I wanted to see, ---at least I am willing to show
that I am not always calling .roe Robbie all these had names.
Rv. Gibson: Well Mr. Mayor I never called him any had names. I take the
position that he must come in here arel settle on a percentage. We have been
good to him, arid he ought to start beine human to us.
Mayer Ferre: Well, I think if we get him in here, that is more than
he has been able to do with
Rev. Gibson: I will deal with the price when he comes.
Mayor Ferre: I withdraw the price 2ortion of it for now. No. 1 that
Mr. McNo ty end Associates be invite.: Ze tell us about his proposal of the
new stadium and tali us why foe u. «nee 3owl ccn 't be improved and why it
doesn't make any sense to change the :;eating, the parking, the concessions,
and public areas. At the :3ame time ve have our own engineers to debate them,
and have an open discussion about it.
What did you add?
Mr. Plummer: ---that they have tc give us a copy of it tomorrow so
Mayor Ferre:----that they give us a copy of it at least 5 day before
the 8th, and if they don't it will be on the 22nd. It will be by 8 A.M. on
the 6th of July. That gives us Tuesda7, Wednesday to look at it.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
?:uT=..i:, .,;. -653
A MOTION Ci2 '_Ci _Wi''.L' MR. JOE ROBBIE, MR. McNULTY
THE ENGI! EY:, C-.:'":' 3 :: CINEER, M.R. GEO'.:GE KUNDE TO
APPEAR 3: r= _.... CC: "::iSSION AT ITS NEXT MEETING
TO LE HELD 614 "0 DISCUSS THE 1'1IAMI DOLPHINS'
CONTRA..'i 11I=:( i :. .' TA:a USE OF THE ORANGE BOWL STADIUM,
AND T1L2: AT?:22,EANCE ThE COMMISSION BE FUR-
NISE_ T STAfT::G REASO:;S WY TEE ORANGE BOWL
CANNOT 1:: -22C7.' • _.:':'C::ODATE TdE DOLPHINS HOME GAMES
AND WHY _T 13 _ ::i;T A NEW STADIUM BE ERECTED, AND
HOW IT CAN 7: r:C; :_ '..I.,.. :i AT A COST 07 APPROXIMATELY
TWENTY-SIX MILL-; AND THAT S:.iD i.EPORT BE FURNISHED
THE CG:XSS:::ii: :' :AN 8 A.M. ON JULY 6TH
/,.3&- JUL 1 1976
Upon being seconded by Commissioner Plummer, the motion tots passed
and adopted by the following vote:
AYES: Mr. Plummer, Mayor Ferre, REv. Gibson, Mrs. Gordon
NOES: None.
ABSENT: Mr. Reboso.
Mayor Ferre: I make a second motion that we agree to let. the Dolphins
play two exhibition games, one in July and one in August for $L3,000. paid .
in advance for the use of the stadium provided however, that this in no
way prejudices us legally or otherwise, and that when we come to an agreement
in the future, that the difference will be retroactive, and if we do not
come to an agreement, he will be legally hound to pay the 15% that we have
the bills on.
Mrs. Gordon: How many dollars will that he?
Mayor Ferre: Three and one-half percent is $22,000.
Mrs. Gordon: What would it be if we get what Mr. Andrews asked for?
Mayor Ferre: Fifteen percent is 5 times that, so it is about a hundred
thousand dollars.
Mr. Andrews: Fifteen percent per game on the average of 59,000 attendance
at 8.34 or 56c a game if $75,000.
Mayor Ferre: So instead of charging them $75,000. we are going to charge
$33,000.
Mrs. Gordon: Let's not set the price now.
Mayor Ferre: Rose, follow me, you wern't listening; but he has to sign
and be legally responsible that if we dcn't come to an agreement. he owes us
the difference. We can't get burned on that one.
Mr. Plummer: I would rather give it to him at no cost, than to set
a dollar figure. Iwould rather him play there these two games at no cost
based upon what you have said retroactive, whatever the agreement is, and
if he doesn't make an agreement, pay the 15%.
Mayor Ferre: I second your motion.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 76-664
A MOTION OF INTENT TO AGREE TO PERMIT THE LlAMI DOLPHINS
TO PLAY TWO EXHIBITION GAMES, ONE IN JULY ArD ONE IN AUGUST
OF THIS YEAR, WITHOUT MAKING ANY ADVANCE PLi?•ENT FOR USE
OF THE ORA.NSE 30,1TL, SAID PAYMENT TO BE ?LADE IF AND WHEN AN
AGREEMENT IS ENTEKED IN THE EVENT AN AGREEMENT
IS NOT J CI -:EC 2,'1.-MENT IS TO BECOME DUI: AND PAYABLE
BASED ON IHE 1_ % CHARGI: FOR USE OF THIS FACILITY WHICH
IS PROVIDED FOR IN THE CITY CODE
Upon being seconded by Mayor Ferre, the motion was passed and
adopted by the following vote:
AYES:Mr. Plummer, Mayor Ferre, REv. Gibson and Vice Mayor Gordon.
NOES: None.
ABSENT: Mr. Reboso.
/36
JUL 1 1916
50, PROPOSED CHANTER Ai iEUDMEfl r
JUG. -1 19/s
SALARIr.'; OF CITY COciIS'ltOi1FRS tA0
r'iAYOR- PTc, -.'p 28 [LE:: rI a;l
The following resolution was inr roduced by :•:a,•or Fe re , who r..o,. t
its adoption:
R SOLJTICN NC. 6-5 i:i
A RESOLUTION CALLING AND . A ING PROVISION
FOR A SPECIAL MUNICIPAL ELEC' IC:: TO BE
HELD SEPTEMBER 28, 1976 IN THE CITY O.
MIAMI, FLORIDA, FOR THE PURPOSE OF SUB-
MITTING TO THE QUALIFIED ELECTORS OF
THE CITY OF MIAMI FOR TIiEIR APPROVAL OR
DISAPPROVAL A PROPOSED AHENDM T TO THE
CHARTER OF THE CITY OF MIAMI IN SUBSTANT-
IALLY THE FOLLOWING FORM:
"EFFECTIVE NOVEMBER 10, 1977 SHALL
EACH CO:.uMISSIO.:ER OF THE CITY OF
?' I RECEIVE INCREASE IN SALARY
FROM THE $5,0CC PREVIOUSLI ESTABLIS:iED
IN 1949 TO 512:. 00 � ANNUALLY WITH TH..:
MAYOR-00:•:'✓tISSIc:'E RECEIVING AN INCREASE
IN SALARY FRO:; $5,000 PREVIOUSLY
ESTABLISHED IN 1949 TO $15,000?"
PROVIDING FOR THE DESIGNATION OF POLLING PLACES;
PROVIDING FOR PU3LIC;:TICN AnD NOTICE 0= SPECIAL
ELECTION AND T:.E SUE= MATTER
RATIFYING �] oPra
I: :G ._ ;J rp:,*�I: _ '-.� THE ACTS OF ^II?. P::
Cf'FICI; ,5 P: iIG _ :OVIDI..G THAT
THE CLER OF THE C: _ _ OF _=.I ✓E Ti?_OFFICIAL
REPRESENTATIVE OF TEE: ` . i OF :::A• r IN TRANS -
.ACTIONS WITH THE EU- ERVISCR OF REGrSTYATION 0:
DADE COUNTY; T O R_zw0 TEE P':.OP R C=rICIUS
OF THE _ OF ._ ..._.._ r:.:J DAD:; CUYJ..Tz TO DEi:tFO _'I
THE NECESSA::l_ ACTS TO E J3:•S.IT SAID :l:'Ci ND. ...li .l.
TO THE ELEC'=0-?AT:. ___ Til.., SEPTE:::;ER 2C, 1976
SPECIAL ELECTION.
(Isere follows body of resolution, o;itted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson , the resolution waL;
passed and adopted by the fc+17cr:iru vote:
AYES: Vice. -Mayor Cordon, Re✓. Gibson, ::r. Pl.u:r.i r ar:d A:ayor Ferre.
NOES: Now,.
ABSE':T: t•;r
Mayor I•'errr requested 1:1114t e o; r.';o1utior7 tc, reflect thit stir: e
salariot, t..r•re e.;tablised :r; 3945, an:: hid r,-qceivc. no incre e :Alice then.
A.U_1O;L..T: 1he_r,' be ; no Lur.r.Clo 1.usiness to co^-:, bafore commission
ta_., tL!':L ti:i' ,. , _Liles •wa:; adjourned at 9:45 P.M.
ATTi ST: H.D. SOUT1IERti,Cr'I1• CLEF'
,- ,Am. ,cRAI.vit C. ONGIE, ASSISTANT CITY CLERK
MAURICE FI:IU E.
MAYO R
JUL 1 1976
GITY OF MIAIMI
CUMENT
HCGHF1^nnrFp
in96
ITEM NO.. DOCUMENT IDENTIFICATION
10
11
('M71M 1 SS 1 ON :A(;i:NI)A AND CITY CLERK REPuR"1'
CLOSING, A'AC:A I1 N(; , ABANDONING AND DISCONTINU-
ING THE PUBLIC USE OF A PORTION OF S.W. 3RD
AVENUE SOUTH OF S.W. 11TH STREET
(;RANTING AN VARIANCE FROM ORDINANCE NO. 6871,
ARTICLE IV, SECTION 11(1), TO PERMIT WAIVING
OF REPLATTING OF LOT 7 LESS E 10' BLOCK 12,
SILVER BLUFF HONEST fES.
APPROVING THE ALLOCATION OF $1,550 FROM THE
CONTINGENCY FUND TO COVER TRAVEL EXPENSES OF
THE CANDIDATES INTERVIEWED BY THE CITY COMMIS-
SION FOR THE POSITION OF CITY MANAGER OF THE
CITY OF MIAMI
ACCEPTING THE COMPLETED WORK PERFORMED BY
THE BREWER COMPANY OF FLORIDA, INC. FOR THE
PARKS BASKETBALL COURTS-RESURFACING-1975
AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE
OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEP-
TANCE BY THE CITY COMMISSION OF THE COMPLETED
CONSTRIc1 ION OF FASHION HIGHWAY IMPROVEMENT
11-4381 BID "A" HIGHWAYS.
AUTHOR 1 ? T N(; THE CITY CLERK TO PUBLISH A NO-
1'1(:1', OF PUI31.1C HEARING FOR OBJECTIONS TO
THE ACCEPTANCE B1' THE CITY COMMISSION OF THE
COMPLETED CONSTRUCTION OF LIBERTY SANITARY
SEWER IMPROVEMENT PHASE II- SR 5377C
AT'TIIOR J 9. I NG THE CITY MANAGER TO ENTER INTO AN
AGREEMENT ON BEHALF OF THE CITY OF M1AMl WITH
:A''IEREC.AN DESIGN & DEVELOPMENT CORP.
R:AI I FY ING AND CONFIRMING THE :ACTION OF THE
CITY MANAGER IN SUBMITTING A GRANT APPLICA-
T I ON 10 IIIE DARE/MONROE MANPOWER PLANNING
CONSOR II I'M FOR FUNDS FROM THE UNITED SLATES
FEDERAL CUMM['N1 El' SERVICE ADMINISTRATION FOR
A SUMMER YOUTH RECREATION PROGRAM.
APP+tINTING MRS. BLANKA ROSENSI'E1L, CHAIRMAN
THE AMER I CAN INSTITUTE OF I'oLT SII CULTURE, INC
To IIIL BICENTENNIAL COMMITTEE.
AI.LOCA I' l NG $20,000 FROM THE 1972 PARKS FOR
PEOPLE It0ND FUND TO ('OMPLE'i'E CONSTRUCTION OF
THE RECREATION BUILDING EXPANSION AT CENTRAL.
M1AMI PARK (SITE 304)
MEETING DATE:
lnly 1, 1976
C01 +IISSION
ACTION
R-76-6 39
R-76-640
R-76-643
R-76-644
R-76-645
R-76-646
R-76-647
R-76-648
R-76-649
R-76-652
RETRIEVAL
CODE NO.
0051
76-639
76-640
76-643
76-644
76-645
76-646
76=647
76-648
76-649
76-652
ocu
1D4 NO. DOCUMENT IDENTIFICATION
12 WAIVING THE FEE FOR THE rsv 0F WAVS0N ISLAND PARK 0N
SUNDAY, AUGUST 22, 1976
13 WAIVING THE RENTAL FEE FOR THE USE OF MARINE STADIUM RV
THE MIAMI HERALD ON JULY 3, 1976 FOR THE PURPOSE OF
HOLDING AN ACTIVITY FOR THE LEND -A -HAND FUND.
14 CALLING AND MAKING PROVISION FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD SETEMBER 28, 1976 IN THE CITY OF
MIAMI.
E
711-653
76-654
76-665