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HomeMy WebLinkAboutCC 1976-07-08 Minutes0 Y I NC0R1'•i►11. TEI) I8E96 w ,71 1 T OF MEETING HELD ON July 8, 1976 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL 1AM IE H, D, SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK 1. 2. • 4. Ord WAIVE REQUIREMENTS O: CONTRACTS DOCUMENTS —DEMOLITION OF BUILDINGS AT RIVERSIDE BAPTIST CHURCH: 10. LUNCHES AT CITY PLA`:GRGUYJS—BID 11. BASKETBALL COURT AT VIRRICK :ARC —BID AWARD: 12. MOORE PA::K IMPROVEMENTS— BID AWARD: 13. PACKER BLADE ASSEMBLIES—SID AWARD: 14. PAVING BRICKS— BID AWARD: 15 4114 DESIGN OF NEW PARKS —REPORT TO CITY COMMISSION PRIOR TO BEGINNING CONSTRUCTION: 16. RENTAL OF HEAVY EQUIPMENT—BAYFRONT PARK CONSTRUCTION WORK —BID AWARD: - 17. ACCEPTING RESIGNATION OF CITY CLERK H.D. SOUTHERN: 18. MOTION APPOINTING RALPH G. ONGIE CITY CLERK: 19. HORSE MOUNTED PATROL IN EAYFRONT PARK —PROPOSED RE—ESTABLISHING: 20. FLAGLER STREET LIGHTING —BID AWARD: • tx CImssoF,„F„EkulpEnR, DA EMPLOYEE GROUP INSURANCE —DESIGNATING AGENT OF RECORD S WALLACE,MC HARG, ROBERTS AND TODD—COMP. NEIGHBORHOOD PLAN PRESENTATION BY BORIS DRAMOV: — 1 8-15 1 MIAMI DOLPHINS —USE OF ORANGE BOWL STADIUM 15-27 ISOUTHERN BELL TELEPHONE COMPANY—FRANCIIISE DISCUSSSI()N s CONTRACT WITH MALLORY HORTON—CONSULTANT 76-667 28-36 1 DOWNTOWN FLAGLER STREET —STREET LIGHTING —PROP. BID ACPTG:Q 36-39 C DINAN(.E Ord ftSOLIfIUN NO, PAGE NO. M-76-666 1-8 H-4372 FLAGLER STREET HIGHWAY IMPROVEMENT AND H-4391 — FLAGLER STREET HIGHWAY IMPROV. EXTENSION BID ACCEPTANCE: A 76-668 - 39-40 WALLACE, Mc HARG ROBERTS AND TODD—STUDY TAX INCREASES OF SMALL HOMEOWNERS---CON'T: M-76-669 41-46 PLANTING OF TREES —FUTURE EXPENDITURES: 5 46-51 V } 76-670 51 r M--76-676 M-76-678 1 M-76-679 ij a M-76-680 76-671 52 76-672' 52 76-673 53 76-674 53 76-675 ' 54 .54-55 76-677 56 56 57 57 76-681 — 1 58-59 MINUTES Or THE REGULAR MEETING Off' TRH CITY COM,MISSICN OF MI ,MI , FLORID ► * * * On the 8th day of July, 1976, the City Commission of Miami, Florida rnet at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular ses- sion pursuant to an adjournment taken at the meeting of July 1, 1976. The meeting was called to order at 9:05 o'clock A.M. by ' Mayor Maurice A. :Terre with the following members of the Commis- sion present: Commissioner Reverend Theodore R. Gibson Vice -Mayor Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner. Manolo Reboso Also Present: P. W. Andrews, City Manager A. P. Crot.ch, Assistant City Manager Frank `R'eu•:cn, Acting City Attorney '4. L. Sottherh, City Clerk ;aloe G. C=,gie, Assistant City Clerk An invocation w4L: deliver:-v Reverend Gibson, who then led those present in a pledge c iigiarLce to the flag. Mayor Ferro: Co :. 1`die, and gentlemen. This is a continuation of a pravi:)its re u.r Commission meeting in which we were unable to finish the r .2 . at hane. onc' therefore continued it: so this it in :-B..-si :-Beet regLiar Ccrrm ic�n meeting. The fi. t i'`_e buore 1 a pre::ert4tion by Mr. E . Cole ,t a group insurance sit:.at±on that he wau;:c: :._.kc to explain. 1. E PLOYLE Gi:O?7P INSURANCE - Di.:JCNATING ^FRT CORD: Mr. Bd. Cole a-ppeared and nac . oilow_ng statement: 1 realize that thiL, is a Jpecial meeting. 2 sn <We you that I will not take more th,LI,n my allotted time, zrd :lopefully much less. Just tc rc•�r3sh your temo_v, car. 4th oi: this year the City Conmisaiz. 7.)ass.d a reaol:..�_c:1 agr-eein' tc _:e now :4 contract with the ::czuitable Life iiJe Ira: _c _ „ocis _y for t e grc.Lp life and health insurance plan fcr. 'it C.-ity of :.+:i.i:ni employees. In this resolution_, Number 7E -28:. , :. t wat:ze plan would be continued for eight woptt':s to caincic. .._.± is ^c end of the fiscal year: that Edwin. h. Cole,, A1 cciates, Inc. would be retained as agents: o:' s:ec:.z•c,.: the agent c ,_ re?cord--and I read th:.sd from the :�eftalution- t.air , the dutie;. a. ri ae -r►icing agent. little Cit•'i G:. : r changed its plan :end. w:i:' . w'it% the Jacict7 c . F rua ' let 197 At that : ir.te bids were re-Iuwit«c , waL; specif.caLly request- ed that therm lfl no agen•: cifzecoYr. re;- the carrier. When the docietl► was cele.ctc!c ;:�.a City the State Insur- ance Comai c ionrr of Hew 7%:6 , art ncv other i netlrance Commisioners, .epc nd,r.J or W-r16:'e >. carrier operat rs, has a regnlat'-cn in which they re-'. _ here be an agent of record to act in liaison between._ the it,ir,c1 and the insu=;:.:--ce carrier; and i assumed that posture ri:d cpeN- ted as the agent of record without cony nsation, or any sicn:.f.cau:t amount until the renewal 1 JUL 8 1976 calm about on February 1st, r976 , because.: of the amount of clime, two milli c Cs Cl�:�.��.et' •. it if 1 n ig%i: a::.st take a s..le ....'_ c, secret gout group insur nco . cost atd at that tithe the Society, increased the premium by some facc. :in increase in the reserves. that, there isn't any It's the paid claims, plus the of t-ee carrier's administratior of the group, plus the re- serves that are set aside by the underwriter, that determines the premium. It doesn't matter who the insurance carrier is, that is the situation. Now the reserves that are calculated in the premium are developed by the chief underwriter for the car- rier. Ra tries to guess what the claims will be if the carrier is cancelled at the end of that yeas. It is a requirement of the State of 17lorida that claims be continued to be paid for one year upon the carier's cancellatior. At that time the City de- parttaont.t negotiated this contract z ccepted the two million dollar rate increase and at that time I requested that the Com- mission out ..orine me to deal with the Equetable Society, and I was pro m::3,1 at :he trae that cur company would be selected as agent of zecord ane. servicing agent if we were able to negotiate any addi`io el benefit:: for the City. We contacted the Society; we worked with tht ci3? under.:': w o: o , and it was agreed that the ccnit c. ould .x co nt_.r.,t 3.: .in eight-r.*onthe period and that the :. J:;rve:.:; c ctid 1:,y some two hundred thousand donor' foe tht yeaz_ . .'"•';. , : ;1c: : : 3evo;-itcen mon':t'llu, therefore, we zz vc , ,zti. _ in :►cur servicing agent; handling z,,ctiv and rc=;:irod City per- sonnel; .�U::?ei::•J t _. `:. .i;� �� - �•::,::p :;mini: .�rat�on .°department ably he:reer.i up .")J ini6trator herself, Miss GtLver, and the CLty' .? •;._o:re. :3 _::. era;:_:; o.,!s:'.�te©. Daily in my o+:f:z;:c: and are a half dGinn calls from ' iff 'retnt ?e:;Cp e:! a at' ,74e.stf.c 'eetn fits, claims, edp1anatio":s, Ji t7aink it :Ls absolutely urgent that the City liav a(.`.'ne acting .:pezween the g ou;J and the City. Mayor err :D: all thi a and cot ::o saying is trier Lac;: al sfF.e the: ....a... _ ct it. -n on February 20;:t of ' there. is named an agent of record, which that right? Mr. Cole: Yes, that's true, if we can cut through effect, ':=hat you are , in Resolution 76-283 is your company. Is Mayor F ee re : And what you are saying is that in the past -- how could it ". : seventeen months? Mr. Cole: Well, I was agent of record back in February 1, '75. Mayor ? re: But thie, �a✓� ' .'e. :fir:. Cele: That' r' : ht. = w •,mac chcs:.:n ycur servicing agent in '76. Agent c'i .-: c.;:_:,, ' _; ::orvicing agent, ' 76. .Mayo Fer ^e: 2hE that you axe saved the City two hundred thousand dollar3, which already proses that you have done an ef- fective job. Mr. Cole: Well, Mayor, it is not two hundred thousand. It's eight months, or approximately a hurdred and fifty thousand, was the reduction in the preu ut. JUL 8 b1 o 0 4 Malted' Perre: What's the problem, then? M. Cclz:: --.71ora is a misundurstuiding in cOnmurLcrAti, or .o!c.t• zpccifications are out bio. :2!uy :ied by the Finance Depart- ment thl:ot,g11 t*.le '2w:chasing Depaztment, as required by the Code, and they were approved by the City Manager and the Employees' Insurance Committee7-and this is as it should be; this is what the City requires. There is no question that the City Manager's office would concur with whatever request the City Commission makes, but it is not clear as to whether our company is going to conzinue to be agent of record --and we believe that we should:ibe, for not only what we have demonstrated, but also for the benefits that we can provide for you. P. W. Andrews, City Manager: We are talking about two dis- tinct matterc--and Mr. Cole is and has done a fine job as admin- istrator in relation to the insurance company, sitting between the City and handling matters of administration with reference to that -)olicy. :low he is talking about another new area of at- tempting to render oezvize to ohr.-, City of Miami. If we go f through a ,?1-..occ:::s of ,-)c.11z•int7 "zids for insurance, and for some reLsr:,n (-dapt L new c=rie::, hz. Cole will not necessarily be tha acent try longer because the new carrier will have new people rer:.)senting it. Mayor Vorre: Wait a ninutc. ?l. he points out here he repre- ents--cr.g OU po3n:7 re,:rents moot of all major inaur- ance CO1474aL43, in the United Statez. Mu. Andli: we :1o:tit wart is a :cpr r.*:at.v, c on...:Ari if -dti ar.? to :leek advices. Theare a --I :lave ;:f1:17r. of sfau.: fivnrofcssional firrio in tit! 2,re t,ho ar- of not being as- sociated with an.' insurknoe firm. n:lo Vao profaolsional serviceL e.3 to the drawing O.L policieL. Mayor Ferre: 1 thought that' ti what we got him for. Mx. iindrews: 2:o, sir. 14.. 7:010: litto clziriZy th,c for a moacnt, Mr. City Manager, ;:n. at o!! ..:efJord, po:;sianal Itqnc....r such as mine, operates a.7, inlpendent La zoult:411t .O4at ..z:hz.! City can It dz.en't u4..othu:: ::-,nr1;Itant recluive A fec or thi rocor4 Whot; yr,4 :lave ben ticj t vex: VC n have becn dieztling 61irt.ctly w..Lczrric. you we.'..t averyone agreef71 a two ?n.:-.thf,r, 42 ...t;! in as client: no...-. to don roceive any commLAAintl c:At, cln%:rt in force. 2nd all the alterna yo7;, are recuezting in the current bid, sir, hag '4een a hu%Tccation cur comoany, in order for you to p?:oporl.-Y evaluate t.13 eatuetion. Xayor Terre: Mr. Cole, how ware you actually chosen agent of record? Igren't you --- Mr. ?1.ummer: (interrupting) Let me shed some light for you. Mr. iiayor, if you will recall last year --was it last year? MMITIV"111P1M1P7M11,IF ri' 111 II 3 JUL 6 b 1976 Mr. Andrews: Last year. Mr. Andrew Crouch, assist ant City Manager: iebruary of this year. Mr. Plummer: February of this year. When the additional premium came up. Mr.. Mayor, I raised a stink about it. At that time I went and asked you to le: me further investigate into the matter, which I did. And Mr. Cole worked with me in this committee to try to bring about whatever savings --and I am not going to try to set a dollar figure --that we were able to get because of a little bit of negotiation. The thing at the time that surpised me to no end was that we had no middle -man. We had nobody to fight for the rights of the City, and it was at that time, and bringing a'Pout that saving, that I came before this Commission and suggested very strongly that Mr. Cole had demonstrated to me his ability in dollars of savings to this City; that he be ap- pointed agent of record, :end this Commission went along with it. Mayor Ferre: That came as your recommendation. Mr. Plummer: That is correct. I have got to tell you that in the future, whether it is Mr. Cole or someone else, I think this City has got to :have --:.hen ,7eu are talkiiig about a five million doll.:: premium; that's w we are talking about --you have got to hc:Vl:. :;o~one i:'2 i3 .Zi jittingg for this city. I am not de. ea:.in,T Mars? el l,ity&,:, toes one hell of a good job, and rig u: i'=cc , but Litv.^: an employee of this City and C:C»: t;_�`1L �s^'�::a: :Kr. . Cole, who on his own went to i e.s York u:d s:it dow , n,c.:otiated c.ira,c•,:ly with the people o-11ui•.:abia . ..., j e .c t e Lame sending Mr. Litvak to deal with thesis people and 3P:.nd irc a man who has some clout, and because of that, call it what you like, we saved money. That's what I was looking for. Mr. Cole: We just: renegotiated a contract with Aetna on the game basis. Mr. Plummer: Ail I am seying to you is about, anc. whether it is Mr. Cole or someone City has got to have someone who is going to and that's --- this io how it came else, 1 think this fight for our rights, Mayor Ferre: Is there any reason why we should consider changing it, then? Mr. i'aalrews: l am in complete agreement with what Commis- sioner Plummer leas said, and Cole r,-,s done a fine job. The distinction ie :.hat we are ad:Li-.i:acration of a give► policy, iere.' Mr _•o_ ;;a assisting the City. :: ac c:c: c:rission has a.sde a de- cieion that r.,;!c. _ :Ju.rance carrier, then you ap- point an ac_;er..4: of record _.rd le : _._ .. carry out and assist the City in t: e acHministratLo , of c e.°:. rart_ .ulcer policy. But now we are beginning to ent �r into z .:( ' ncsition. We are going to the �Y entire insurance field and a2: r.f r new proposals. We may end up very well with a new ezrriur. _:o,J the adv_ces that will be given to e: , in reference to E.11 o these carriers submitting pro- posals to the City of Miami for in insurance policy is a different JUL 8 19.76 4 • dra Matter. We May select MetropOliten Life insurance Company. We would eelect someone elee. It emlel veey well be Mr. Cole again, bl_tt it ,17'cf:: bq •e.ev:.ce as far as the agent cf ;:ecc,re, E-7-Jez,if.Lc policv, but in be- tween now ;ind th,J select...on of L.q.v carrier, if a new carrier is to be celected, if you want to seek advices to advise the City, then we should select someone who is not associated with any in- surance firm, and there are firms here in the Miami area who specialize in thin kind of treatment, who do not have business associations with any particular firm, and you might want to screen all of those to determine who would best represent the 'City in that instance. That is the area that Mr. Cole is address- ing himself to as one individual representing one firm. Mr. Cole: M. Andrews, may I clarify something for you for just one rcrrent. My company is an independent consultant that works for approximately two hundred clients throughout the United States. Fhen I tal); about clients 1 am talking about such as the City of Miami. Mayer .?erre: wait a minute. Let me ask you this. If you get a ic5.from Metropelitan which is lower and a better bid --and obvioue17: this is all public record, because when you open up those bids I am st.rc that vou ZL goinc to have somebody from the City of 14.mi .itting right next to you arc tInt hae to be an open public procez.e--are .-Pou goin to ni,colInend to us that we go to one com:any if we get a somawheze .B1se? Mr. Cole: i're have beeDr doing this for thirteen years. We have plane with every major cza-rier there is. 1 have no obliga- tion to--- Maycr ?erre: Wit minut, Cz;le. Ltmc just give you my opiniov, Paul. *:.lat hvi o do deaign tha secificationa of what w want. That i:, .5cAtethinc wa cac., inttiznai:.y in house. He is an .t2cpert ir 2 Int sur;.; we c.oulc: uue his cood afforta to help 11:1- in tt N:Y7, If wo say that we are goina te acceptbids on Sapteml, tt-&. 1:571 at it should be opernei ri9ht htre in CoxiaLuin ml a p,:blic ..7,coss and they ahould 'oe marked. Z4ow, thc_t Analyra of 'Jho thL%. low bidddr is something that viii don bztwt,on tat tuembers of .;he adminis- tration that ese expet on t.3, with e :eip cr2 ,nx agent of recora. I see a?Jsciute).y .10.:;hig wrong. the man done a good job, as 'L--lummez recmmendea, t.t wu cntinv tIlt: man agent of record. Aow whethez or not Xtt..:.-o.00litan, 'r,17 or Connecticut, o whoever it is that is thc Low 1Diddar, a bid procese. That hes got nothing to clo with the agent cf record. M. Cole. Am:: Ineaiciou, 1 lfttter from th.i; City Canzc'Emion, LroA the Lity end.il our asesncy of record any •1,Ay Ia.t N-ot. wish. .I'he day gnat we don't r)erform, or continue to perform, ii ua. Mayor :,erre: In other words, Cole and Associates, are not acting in a situation where they are priv%F to information that the administi-ation ia not, or that will not be a =atter of public record. Su I don't see where the conflict is myself. IMMIRMITP11,11!Trii111111,1 11111F 5 JUL 8 1976 Mr. Andreae: There miasion'a wish to use the but there are other firms same service. is no conflict, if that is the Cam - services of his firm in that capacity. in the City of Miami that render the Mayor Ferre: Paul, let me remind you that last week at a meeting you --now i want you to listen to this --you recommended that we continue the advertising for the City of Miami for one year. Now I didn't hear you saying that we should go out and talk to other --I guarantee you there is more than one advertising firm in the City of Miami. Now the reason you did that is because they are performing a valuable service. They have gotten money for us from the state through their contacts in Tallahassee, and that was recommended by Lew Price. You followed up on his recom- mendation. I aerree with it. But we didn't go out and start looking. v.y didn't we look for somebody else? Because you were satisfied ;ey the service that has been rendered by this one firm for how many years now? Mr. Andrews: About six years. Mayor Ferre: Without public bids. Mr. Andrews: That was pub_.ic bids. It was a public pro- posal that 17e went through with this firm, and you are not fol- lowing the n eme 7rocess in this case:. Mayo:: Ferre: Well, . _. . a lot of people that wanted to several hundred thoueend nity. nrQreves, I'll tell you. I know of 'co heve that account, which amounts dollars, end didn't have the opportu- Mr. Andrews! They had the opy ortunity originally, Mr. Mayor. Mayor Ferre: Six years ago. Mr. Andrews: Yes. Mayor Ferre: But six years agc is not now; and yet we con- tinued it. Why did we continue it. The philosophy was that they were doing a good job. And if this rrrn io doing a good job I recommend that we continue him. If he iL not doing a good job say so and we will kick him out and get somebody else. Reverend Gibson: I'd like a response to that, because what I hear him say makes sense, and rnayke I don't know what you are trying to get me to understand. Mr. ; ndeows: The i1.-�: _c���:'; .that T_ am trying to get at is -- and using the advertiaine es ee :.e eteation, F.e r%'mt through a public j; oce':• in whitt c:)'.=r'tt'v Commission mam ors and City Commission mf.e,`?ers wee aa-D ,ii`.':..'C. a screening board. We went through a public advertising prcc:hiss and a contract was awarded to ---- Mayor Ferre: Six years agc. 6 'JUL 8 1976 Mr. AndXEvs: Six years ago, and hays been extended; and all I am saving is in this particular matter Mr. Cole was appointed as agent or record brigs.;! on a gyp,'.' bidding peocccs to secure insurance .'ids, and _e'. wee apeG__ _eed by the Cor%,'lission to repre- sent the City of Mian _, a.-d In • __ac role that was a proper thing to do, and it will be a proper thing to do in the future when we select a new insurance firm, if we do; but there is an inter- mediate area that this agent of record wants to serve, and that is to give advises to the City Commission on the bidding process, the specifications and the securing of new proposals. It may very well be that Equitable will be the new proposer and there would be absolutely no problem continuing with Mr. Cole. Mayor Ferze: But if Equitable does not. then he doesn't care. The point is, is he qualified or isn't he. If he is not qualifies: then I think we ought to go through the process. If the man is qualified, then I agree with Plummer to let the guy do the job. And I say that to Joe Grassi who is coming in in another week. If you don't like the way he is operating you come here, an6 : can't speak for en_y.ody else, but you have got one vote to kick him out. Me day that he is not operating in the way 441 you think an agent of record enau1d operate. ''R Mr. Cult: we are not askinc for a contract. When you oper- ate with the .se -called endependent consultant you enter into a contract. on a day-to-day basis, ehc day we don't perform, fire us. Reverend Gibson: J. L., I want to hear what you were about to say. Mr. Plummer: TL only thing I was going to say is that T. want an ins:.vidu;tl here wlee is ,oinr to fight for tie City. The one thz.ng that .. 4s upeet :::e toe,! ;:he _act that there proposals obviously have alr:,:a i ' gone cut ,;sip:.rg for new bide, r:.nd the one thing that I thought I n die quite eller at the conclusion of all the Stuff that I ws lcokii'.c: wz,,a i.^fnaf rc: t: os eic.s went out for why!- we were going tc `sk fcr this year that thia Commission would be apprised of what ;sae contained; 7eeceuse, iuo3 , Mr. Cole started off his talk by the tact: Health Lneurance is very simple. How much did they pay o..:; how muer. are the claims; how much were they paid in premiums? :. ow all I want to know, and I will ask in a brief question, :were the benefits expanded at all? Were they decreased a:: all? Mr. Andrews: (inaudible) Mr. Cole: We made some suggestions as to alternates. i'�.. Ancrew.;: Cty:ion t3 122._e:. t il' cost. _ �caus , :.et me `.11 you when I started through this thing before- -aine I z:^en_•_ c full week on that thing. Let to tall veu when : fe urc :.o_:•..t e f the inequities that I felt -- they were !ay cpi:Zions--that eeieeeein that policy. There is no magic to the fact of why yee weee cec, point, nine million dollars more in promiuias. It's very simple. They had paid out those dollars. 7 JUL 8 1976 Mayor Ferret Ladies and Gentlemen, we have now burn on this for twenty-five minutes, and if you want an answer as to why we have fourteen -hour Ccmmisaion meetings the answer is right here. Now, I don't care which way you go, but let's vote one way or the other. Mr. Plummer: I asked if he warted a motion. Mr. Andrews said no. You want a motion? Mayor Ferre: '*s, I think we have got to have a motion. Mr. Plummer: I make a motion that Mr. Edwin Cole and Associates be appointed as the agent of record for the City hos- pitalization and life insurance. Reverend Gibson: I am going to second the motion with the understanding, Mr. Cole, that any time you don't perform Mr. Grassie canecome here and say we need some relief. Mayor Ferre: On thirty days notice. Is that acceptable? Mr. Cole: Absolutely. Mr. And::ewc: The only other mutter that I would ask is that the Commission receive from Mr. Cole specifically the services that he will perform for the City as a result of being agent of record. Mayor ?erre: Put then in writing so there will be no question, and if you have any cu:escions about it bring it back to the Commission for a decision n n that. Thereupon the notion, introduced by Mr. Plummor, seconded by Revel.ead Gibson, wts priced and &dcpted by the following vote - AYES: Reverend Gi3::orz, Mr::. Gordon, Mtr. Plummer, Mr. Rebosci and Mayor Ferre. L OES : None. Said Motion was designated MOTION MO. 76-666. 2, WORKSHOP SESSION - WALLACE, MC HARG, ROBERTS AND TODD COMP REHENS I VE NEIGHBORHOOD PLAN PRESENTATION BY BORIS DRAMOV Mayor Ferre: Before and as we start his, let me apologize before nand to tell you I am expecting a representative of Miami Dolphins to come here and they have a plane to catch to Tallahassee, at noon. I promised them if they came here, I would take it out of sequence and I think it is in our best interest to do it. Mr. Plummer: Are we still planning to conclude by noon today. Mayor Ferre: I would hope so. But I doubt it as you well know. Mr. Plummer: ON the Southern Bell franchise, is there any discussion that is going to be revelant, because Mr. brown, when I talked with him a few days ago indicated that if he was needed he would be here, but Haw no reason at the time to be here, and if you want him, I think somebody better notify him that we are going to have discussion surrounding him. Mr. Andrews: Mr. Mayor I would recommend that Mr. Brown be here. This has gotten too critical. 8 JUL 8 1976 Mayor Ferre: I realize that Paul, hut 1 will tell you whit we will not do, I don't want to hold Mr. Brown here like we did laet time for 5 hours* het's do this. Mr. Acton I will leave it in your hands, when you feel we that we are about a half an hour away f,-.-m completion, whatever it is you are going te present here, if you will let me know, then we will call Mr. Brown at that point. Mr. Plummer: Why don't we let Mr. Gilstrap let him know to be herd at 11 o'clock. Mayor Ferre: Do you know of anything in the City of Miami in the past 3 years that when we, they, or I say it will take an hour an half, will it? Mr. Plummer: I was holding you to your word of last week that you are going to start doing things differently Mr. Mayor. Mayor Ferre: I always say I have the best intentions, just like you when you stop smoking. Mr. Acton: Mr. Mayor and members of the commission, the purpose of today's workshop is to brirg to the commission an overview of where we are in our con- ference of Manning contracts. As the commission recalls, we started this process back in April of 1975, the process was divided into three phases. The first phase was the City-wide overview that produced information on a city-wide basis. The second phase was a detailed analysis of 6 different planning districts. If the commission recelis at their request, we chid place in the Manager's conference room a time schedule, each of the 6 districts so the commission would have an opportunity to look at tba various piars that has been prepared for the different areas of the city. I would like to request the commission if at all possible to come down to the front row. ::kink it -.:ould be a lot easier for the commission to view the mars and also respond late:_- on when the commission might have questions pertaining to some of the. information. So without further ado, I would like to present Mr. Richard Huffman wao will start off the consultant's presentation be followed by Mr. Boris Dr.ioff. Mr. Richard Hoffman: Before we be it: I would like to make sure that all the commission members have a copy or this in their hands during our presentation. It will help the presentation. Statement called Miami Compre- hensive Neighborhood ?lens, City Commission workshop, dated July 8th. We have other copies we can pass out. Mr. Acton: The information we passed out is a result of Rev. Gibson: I remember reading where you have a Little Havana Business Association;. Would they know about this?The reason I ask I heard somebody saying (inaudible), when we went out there with that Mini -park business, do you remember the lady who raised all the sand about , Mr. Acton: Yes, T remember, Rev. Gibson: There is an association out there, did you talk to the that associaiton? Unidentified person: Which association are you referring to? Rev. Gibson: Carlos Fernandez heads the assccation that was heavily involved. Unidentified person: Let me say tkat in tt:_ citizen participation process there were members associated with Little !.avena Dev. Authority within our committee group. Raul Alverez, Willie Gort, and on cue outside , were all involved in our recommendations and identifying the major problems of urgency in Little Havana. Rev. Gibson: Did you talk to that associaiton. Unidentified person: I talked with members of the association. We did not come before the association per se, we bad a committee, which we felt was repre- sentative of the whole Little Havana community of which two of the members in the committee were part of the association. So if those two members of the committee thee are part of Little Havana Development Authority speak for the 9 JUL 8 1976 Authority, then I can say that we did present to them. Rev. Gibson: My observation is, two members of that committee not having the authority the association can't speak for the association. Unidentified person: I agree wits you. REv. Gibson: I want to make sure I put that in the record this morning. Mr. Hoffman: I would like to apologize for our first speaker who was supposed to bE Dr. DAvid Wallace uho was here last week. Our firm has been choosen to give advice for the design of the nation's Capitol and he is in Washington today. So I will give a short presentation of what he was going to speak about. Mr. lcton has explained to you. We have a three-phase contract, we have completed the second phase and are heading into the 3rd phase. I am going to refer to his statement in the hand-out which I have presented here and I want to concentrate on No. 5 in the presentation, bacause as we head in to the last few months, what we present to you today will be some of our discoveries, some of our preliminary neighborhood recom- mendations, and scme of our conclusions, but one of the most important things we are going to present to you today is the :act that we are not going to be making decisions. The final decisions on the implementation of this plan, are up to the citizens of Miami and the commission that is here. In No. 5 we show on here that the city will go through a process of review, public hearings, citizen and inter -agency input and necessary modifications prior to our com- pletion of the work in October. I have to stress that because it may take a long period of tine to get the required detail citizen input and the required commission unde-standings in order to make this plan work. The final emphasis I want to x.lie ie that a plan only a book or a piece of paper unless there is attached to it those implementation guidelines which have to do with the 5 basic decision ore..s I am gcins to prase'o... today. Some of those decision areas are hard ones to deal wi.h. :he have to do ,.pith the budgetary process of the City and how it spends it capital budget. ::t has to do erith the controls of land an private: individuals. It has :o do with a great number of other factors which we will p::esent today, but l hope there is one point that you get of our entire presente der today. Ycu understand the need to tie what we are going to present in this plan into a process which also carries the plan out. We are going to start today witl 5 party. The first part will be an overview of what you have already seen, city-wide trends and growth sptions presented by Boris Deamov of our Miami staff. Second there '.iiil be a classification of neighborhoods discussed, the conditions of neighborhoods, some 21 different factors included in the analysis of the neighborhoods and I'll present ci.at. From there we will go into a very simplified presentation of just what types of treatment and need is involved in each of the neighborhoods. Those 5 decision areas that I discussed previously in terms of how the commission will be acting further down the line with respect to this plan. Them: will be a short slide presentation by Jack Luft of the City staff who will show visually some of the shings we have talked about in maps. Some conidions at :he exist in the city now, and what you are going to do about them. Finally we will pick one of our ti neighborhood areas, the Little Havana area, do an eleaborate presentation of the details of our phase II analysis in that area. That will be presented by Boris Draanov and Willie . If there are any questions about other areas that have been studied, they will be available at the elid of that presentation. Tr:e clearly can do it within the time that is allocated. I would like to begin now by introducing Loris Dramov. Mr. Boris 1)rarov: Thank you z<r<c1 rood morning. I an going to go back to some of things that we shcsed you In phase I dealing with the population and employment in the city and recap sena of the things that we found and then talk about tle different growth opt_ons which are available or what it will take to make them happen and what the consequences might be of each one of them. First of all, early in phase I we started looking at the way in which the population wag moving within the City and county. This is an important first step in the comprehensive planning process. Although what I am going to present now, is a lot simplified from the kinds of discussions of trends we found, it may clarify some of the major points. What we found 1s that are certain areas along the ccast which are different than some of the other areas. They are highly attractive due to their location on Biscayne Bay. 10 'JUL 8 1976 the past trends show us that a great deal of luxury housing and condominimumy have gone into that area, that primarily in the past yeara the migration has occured from the northeast. Many retirees have cone to this area and that some of the fut.Irc _reads might be from places in Latin American, some wealthy Latin Ant icsi, _o;1ntries ccei-_g up here had living in some of the new ::ondonir:inuns T.i::i__might constructed along the Bayfront. That was the first :,:ajor trend we foua.i. We also found that increasing in the region as a whole, there is a competition from the Gulf coast for those same kinds of people, places like Naples, and also an increased competition from other places like in Broward county. The second major area is one in the center city and we found that the past trends were, in the 60's and 70's, there was a great: out -migration from this area. This was predominately a black population that lived in this area, ----this is the O',ertown area, -----there was a strong move in the last 10 years up towards model cities, Edison Park, and this move still continues today at a much slower rate. ghat we find from these groups is that as their increases, as they become more affluent, thier choices for housing increases, some of them move out to Carol City , to Opa locka and other places to the north: The second major move and probably the one that had the most dramati'. effects on the City in the last 10 years was the in -migration of the Cuban population from Cuba. This took place first in the Little Havana area, the first receptor area for this inmigration, a tremendous growth in population in the last 10 years due to this Migration. From there these people started moving up towards the Allapattah area and then outwards to places like Westchester, Miami Spriggs, Kendall, Hialeah, and etc. As their income is increased, as other choices were available they moved further out. This is what we call the population dynamics, the intra-count'i mobility of the different population groups and which is tie basis for looking at some of the different growth options. So first we said what will the growth in the City of Miami be like in the next 10 years. :•l: are talking about 75 to 55 . :;e said well let's say the first thing that it will be just like it was ir. '60 end '70. So this is what this one means that the same _nmiira :ion rate t a ` occ,,•.red in the '60—'70 period is required in order or :i. :, to t ontf hue =n the nc;... 10 . ._'ers. But whaz we found is in fact the high mi4;rat:ori ral:e c:iuse.. ' j' zLc inninration is v::y difficult to continue because there isn't another ::iac, for tl: .., to coma from. We do expect that there are other Latins and Cubans coming free PUL'rto S,' :iIl end from the Northeast coast to the :tiaini area, bat a lot cf them will 'pc dispersed throughout Dade County will not necessarily "'allow the same pattern. Ir. order for this to happen in the next 10 years we need at least the .Jame inmigratiori rate and we are shying that that is very dif:icult. The second one we said, hypothetically, let's look at the present zoning ordinance and some of the ee istin;; policies about growth, and see what they say of what could happen en the City of Miarel, so we find that not only are these areas growing, that d:.d grow in e:ze period, but we have other areas also that could grow. Now, in order for this to happen, for this growth to happen, we really would be talking about taking all of the growth of Dade county and having it occur in the city of Miami. If there were a way of contrcliing all other growth areas within the county then there is a possibility that some of this could happen. This is a very di.fi It task and I am not sure you would want it either. This is what our present policies allow to happen in terms of growth. I should go back and say that the dark area.; that arc here are an increase in population. The hatched areas are no change in population, and the white areas are decrease in population. These are generalized a:sae. The next one we looked at and we added this one, as a result of our second phase, because we started ._:nalyzin•, the conditions within each one of the neighborhoods and what we : oand is t:.c :CM,:: of the areas that have der.lining in populatioe i.- the center cf zt i'.1 `cr::roue to decline if no public policy ace ci.s :ire taken. :3o :,_ c �•_ _..11 low growth basically says if you do nothing, _i no pu;,:ic >>1_c, action,, taken tnis is what le going to happen. Some of the area that Lava been c2c1:_i: g ire going to continue to decline, but in fact what ve .ire going :o find is ^.c:t some of the areas that were growing, some of the areas here in the Litti._ i:. n` portion are also going to start to decline it no public action is taken, e:.d ir. addition some of the areas in Model Cities will stars to decline if not public action is taken. There are a few areas that would continue to grow regardless o: what you do, and some of these are along the highly attractive coastal areas, one adjacent to the International Airport which is more dependent on the kinds of job market that exists there, and some of the areas in Coconut Grove. The final one which is the one we call planned growth, is a basis of trying 1 1 JUL n 1,976 to understand what we would like to have happen in the City of Miami. Again thin is very generalized t Id we update this as we gc't further and further In the detailH of the plan, bit basically what we are saeine is maintain the existing population. Don't allow this kind of thing to happen n any of the neighborhoods. Maintain the existing popul.0 ion: base aed stablize it Keep the people that are in the residential areas today, keep them there. Or al least have the kind of turnover that maintains a stable population. in fact n the areas adjacent to jobs in the high amenity areas, try to inc-ease the population. There are several around the city, along the Miami. River in ,he downtown area, some along the FEC right-of-way, some adjacent to the airport and some in Coconut Grove, which would be good places for additional population tt be attracted into the City of Miami. So as a goal, both to try to stabilize the existing residential areas and make some of the areas declining, grow. This is really a recap of a lot of the first phase material that we had shown you earlier and I don't know if I should save questions on this portion. Why don't we save questions and go through the whole thing and then we could get to it. Mr. Hoffman: The next portion deals with the work in the second phase. These maps are summary maps of neighborhood studies. At the end of the presentation you will see the details of how we came to these summary pieces of information. The first map deals with a summary of some 21 different social and economic problems that were investigated, as well as the physical problems, in all of the neighborhoods of the city. The darkest indicates the most problems, the lightest indicate the least problems. The fact is that the dark means a very great number of problems. Problems associated with income, problems associated with immobility, problems associated with physical decay as well as social. The point here is that in the neighborhoods shown, there is a different treatment, or different public policy required for different neighborhoods. Not all neighborhoods can be judged on the same standard. Also not all neighborhoods can be judged on the same kind of facility needs. Certain neighborhoods, --a Latin neighborhood might have a different physical and sc_iai need than :another n_: hborhood. The point the behind arc gen- eralized summary though, I. that we cc.z .::vide these into certain categories based on how we know the nei hborho, :s are trer.iir.g or how they are changing. The first category is stated in your report and I'll read it again, here. Shown in gl eea are nei: ,_borbooe;, 1, tali: about in normal maintenance. These are areas that ..re healthy, if you continue to provide the basic services. Basic services are standard services that any government provides. They will stay that way. And the second category in the opposite extreme to that is that these- are areas that have major social econc;;tic :arid physical problems. In order to transform them into healthy residential neighborhoods, major public investment has to he made as well as private commitments in order to bring these up toa healthy neighborhood status. The next category shown here is a category called preservation and improvement. As you can see, that is pretty such the whole area that we talked about before, where unless we do something, they will tend co head in the same direction as some of the poorer neighborhoods. So the entire central section here and parts of Coconut Grove, we have discussed as preservation and improvement areas. These are areas in transition. They are in residential transition, they are in business transition, the economics of the i�.nd and the area are such hat there is a ten- dency that could go either wey. koealver they arc not now neighborhoods that are gone. Dynamics are not gone from the neig'..'barhood. They are called areas in tran- sition and in order to £taci? izc- thus, visuel public improvements and techincal assistance must be provided. An:: finally whereas each of the others have been kind of an analysis of neighborhoods in their various stages of transition, change or stability, there are areas that L. ve n:,t only a physical condition, nut they also have an opportunity. The o „artt;niCv _-. eased on a series of things. These areas provide nee epportuni.tL L ...ci.. _lo:eee nt or recycline of the par t of city. Th. rr _ near oba. ..: - .ae aelani.ties such the river or the bay, or they ara ne sraaa :net .. 1hrcpcsed .or the new transit system. However, the,: :egLire varyirez cep:ees _/ab_.iC action in order to realize. I want to emphasize that going throt a this, see:.:, co be a rather simplified presentation, and there is a 1o_ more behind: each of t:i3wt things referred to I am going to discuss finally the page in your report called the 5 decision areas and go back again over these maps only this time instead of dealing with by explaining what is happening and what the condition is, explain to you what types of things will have to be considered in order to answer some of the issues. The first one is the you the commission, will have to :rake decisions about neighborhood priorities. This will come up in a variety of ways. It will come up under the conmmnity development application. It will come up as you see zoning changes proposed. It will constantly come before y.,... The purpose of the comprehensize plan is to view these In JUL 8 1976 7 ccrmprehcnalve way so you can also check what you have :;een before. First of all to what extent should focus public improvements nod techincal assistance be the highest priority in transitional areaa? To what extent should the irnrc?r:.ms `oc.;s on s-cial services, in other words, manpower, i eelth, ecucatic.^., vs. perheos hysical service`,. These are shown in the service intensive are;. You have already made the decision to become involved in the housing field with the passage of a 25 million bond. To what extent should the city get aggressively involved in public assisted redevelopment ---how much should the city be invovled in the redevelopment in order to strengthen the economic base and to promote new market housing and job opportunities as shown in the red map. In the second area, is beyond the neoghborhood priorities, it is in the city-wide priorities. You are going to have to ask the question to what extent are you going to invest most funds in the areas that have greatest needs. To what extent are you going to have to invest most funds in transitional areas, where you can get the maximum private response, or to what extent are you going to invest the most funds in creating new residential opportunities or revitalizing under-utilized or obsolescent lands. These are priorities which hopefully our plan will assist you, in making. The last three points have to do some of the specifics that we are going to present to you at a final presentation of our plan. You will have to make decisions about use changes. You will see this in our presentation of the Little Havana map. The basic existing landuse pattern has already been set. Only a very small percentage, 3% of the land in the city is presently vacant, and only a few areas are major land -use changes proposed on the plan. Tn order to comply with the state law, the zoning is going to have to conform to this plan. So proceeding with this plan a process will have to be carrel out to make sure that the controls on :he land mctch the recommendations of the plan. Some of the major questions you are going to have to deal with are, should the office development aresently existing continue to expand in the Brickell area, around proposed transit stations, cr shoula residential be encouraged in these areas. Some of tcosc recommendations will be ede by us as planners to you, but the final decision l4i_l be with you. Should we encourage residential u:;':'s in areas along the Miami river, and should we attempt to promote residential and commercial development, including the downtown are.;, in crde_ '.c seren�trcn and improve theft, back up for a minute :pout use changes like th s, and S'v that coupled with these decisions will be major cost decisions: because :i.n crier to :rake certain redevelopment activities take place.. the benefits corning from the redevelopment activities can be very good for the city. They can expand the tax base, they can increase the opportunity for many different types of people to live he':e, but they are also going to be relative expensive and they are going to be long-term in nature. So along with each of those decisions, a commitment to a longer range program is going to have to be made. No. 4 on your page, refers to a question that says you will have to make decisions about development controls and guidelines. Will you impose treater private development requirements es a means of achievi.n; a getter public environ- ment. In ocher words will you put pressure on private deveaopers to provide some of the amenities that are public is ne:ure? :;ill ycu set a higher standard which will require greater e::penditure fo: jub_ic i::p:ovementa. In other words will you put a lot of money into the public environ:nan_ it. order to induce private develop- ment activity next door to it? Will ycu set greeter incentives to private develop- ment in order to achieve a total better public environment? No. 5, and this cne I will end with, has a very direct product. It says you will have to make decisions about public facility improvements. We are recommending a plan for 10 years. ke ore also recommending that a process be undertaken which will schedule 'tile publi: _acuity need. into the future.. Not ust. for next year, or the year . '=ter, but 1nte tee. "...;i :E. ::C: will knew a:lid can say to someone interested _e t' fJ:.loping, that 1: _"l ..'i ' c_lc nit...i'_1t of public, and public improvements :Lrther cn down the cna questions involved in that start with, should the alternatives be considered to Dade County, in other words, Dade County routes and proposals ghat have been made with their transit system, or should we accept them,should the arterials and regional improvements go through residential neighborhoods, or should wi! the city of Miami take a position in oppoaition. Should additional bridges and their traffic impact or their traffic easing be conaldered to facilitate :movement. Should new parks be designated, and what you see in that some of these things involve physical improvements which are not within the main- tenance power of the city. They are within the maintenance power of other agencies, county, state, etc. Our plan is a plan for all facilities within the city. Some of the decisions on building the facilities are those directly of the city 13 JUL 8 1976 administrai Ion. Some of them are decisions outmide tht city adminiytratioa. No. D. Hhould new parks he designated? What type of lark, where should they be? Should new schools be built, should utilities be improved. AS a final product of our presentation, we are going to try to attempt to give a short term answer to a lot of the questions that we have proposed here, in one section of the city, the Little Havana area. We are going to go through a description of each of the points that we have made here and apply tnem directly to ono area. You are going to see proposals for public facilities generated in part ay our series of neighborhood meetings which took place during our process. Those neighborhood meetings, to answer your questions, are not enough, there will have to be more and they probably will be continuing way after the point that our consultant firm has left the city. Now I am going to turn this over to . I almost forgot one of the major. points. Jack is going to give a slide presentation now to illustrate some of the points I made under NO. 4, decisions about development controls and guidelines. I want to emphasize the fact that a lot of the things I presented are just maps and words and Jack is going to try and put them into a context you can understand by actually looking at the areas where the principals are in fact, turn the lights outs. Mr. Jack Luft: Members of the conriission, ladies and gentlemen, I think what it ultimately comes down to, when we talk about development,either public or private, is that we are seeking to iromote the highest quality we can achieve. We will indeed get change, we will indeed be making improvements throughout the city. The question is whether or not these changes and improvements will ultimately contribute to improvement of the quali:y of life for the residents of Lhis city. Really what: I want to do is take ,iou on a quick trip around the city, taking a look at some of the conditions and c mtrasting them between some of the quality of environment that exists today and try to stress some of the quality of conditions we are hoping to achieve in the future. For convenience sake, we are goin; to talk about these in terms of some of the baisc land use types that we fild in the city, ranging from your low -density single family areas on throug'i your ;auLti-fa:r.ily districts and into your commercial areas. At present we find that _ax laws and building codes and zoning regulations make it easier and :-yore profitable to let substantial and often some modestly elegant old homes deteriorate or simply clear them away. In the process we are losing a valuable housing resource and aften a precious historic heritage as well. The new development of duple:{ sousing for =nstee ce is highly speculative, producing often the lowest quality win'.: the least amenities possible. very often the crude treatment of parking and site design cremes an instant blight that threatens the good quality neighborhoods in which it is often built. It will ultimately cost the city far more to restore than it receives from the limited tax as such development generates. Encouraging sensitive design, few amenities goes a long way in creating housing that will reinforce the quality of the city. Moderate cost housing shown here argues against the notion that good design has to be expensive. Moderate density housing need not be cramped, bear in mind reminders of some of the concrete monsters we were given in the 60's but with attention to architectural details in the treatment of interior and exterior spaces, they can be highly attractive. They can be livable units, that compliment low-densit_, neighborhoods which they are supposed to adjoin. Multi -family districts, the R-4 2:or instance, provides most of the housing units in this city. If not closely watched they can lead to over -crowded and de- humanizing conditions. Lack of open space car. be corrected in part by encouraging greater height and larger parcels. Often though, simple attention simple attention to details of unit design, parking and landscaping, can transform developments of densities, lot coverages, heights and floor area ratios that are identical to con- crete monsters, and to decent desirable and :attractive projects. Renovation of nondescript and aaraina` devleopment into creCeitable housing is possible, par- ticularly with active i.;plet,c, tation cf housing improvement programs and tax incentives. High density resident:.ai ckveio mene which will be more of an issue in the future, can lead to massive low-qualfey projects that are the bane of most northern cities, or high quality housing which we now see stretching along the bayfront. But the real problem is how to achieve high density, moderate income housing in and near downtown, adjacent to transit stations and other development centers, while maintaining quality design and adequate amenities. Municipal parking garages land assembly assistance, bonus incentives and design controls,improved services and enhance public environments may all be necessary to accomplish this, repre- senting some of the highest quality development in Mlami and a source of pride to its residents,-- ----- ----handsomely and lavishly appointed offices of Brickel.l Avenue Biscayne Boulevard, and portions of Little Havana. A continuiug concern however, is the tendency of such development to keep 14 JUL 8 1976 the community at arm's length by offer little direct active use relationships to public streets. We need more of an easy, interchange between public and private places to bring life and s.ct_vity to thea2 beautiful but oddly quiet symbols of American e. —:prise. As oith high dersIty residential, public: participation to aid in solving parking problems and land assembly problems would greatly aid in attracting quality development. Even those areas traditionally ignored and left to their own best devices can and should be dramatically improved. Industrial uses are in dire need of public improvements, rights -of -ways, utilities and access routes, if they are to prosper and expand. At the same time the community can expect improved dev- elopment and operations from existing and future and industrial uses. Development of the downtown carries with it the hopes of revitalizing the entire community but we are to do simply more than add floor space, greater care will be necessary. The ambience between public and private environments so often broken with blank wall,, must he strengthened. Even recent quality developments fall short of reaching out to the pedestrian by subtly creating no trespassing zones of decorative landscaping. Downtown parks and public en- vironments, mass transit systems and other major public investments and developments should all provide greater inducement to private development, but we must insist on quality control to protect the substantial public investments. We have very few commercial centers where clustered shops reinforce each other's business, but instead strip retail services to form endless chains that only amplify our dependence on the auto and their insulation from one another. Where centers have been developed they remain auto dominated and offer little improvement on the strip commercial. Municipal auto garages to free development space controls on retail frontages and sign controls, pedestrian amenity require- ments, commercial rehabilitation programs and merchant associations. And small business loans are all essential to maintaining critical retail services to our declining neighborhoods. Public investment and major improvin; declining street retail environments will be a major factor in holding the business we have, and attracting new servcies that are now being lost to Coral Gables, South Miami, :Miami Shores and other quality neighborhood sho?ping areas. Sim1T_arily, the quality of local street conditions can be a ma`,or factor it the decline crd decay of a neighborhood: or an inducement to the privy a naintenance of her es. One of tne_ most effective and simple programs to accomplirn this is a CCorainate: street t':ee planting proara^t, to give character and d2_fi.niti0a to formless, anywhere uSt residential areas. In subtropical Miami the rapid effect, relaeiveiy low-cost anal e,rvironmentelly compatible nature, of street planning is perhaps oua best bee to up -grade large ._yeas o: Mlami. In conclusion I would suggest that perhaps the greatest challenge to the quality of life in Miami will be the task of reducing the pace of life in Miami, accommodating more person -to -person contact, opening up internalized living habits, attractin, social and cultural diversity and capitalizing on the natural and environmental amenities that could make :Miami a truly special place and a truly unique American city. Mayor Iar_e: I am going to have to interrupt this at this point if you will forgive us. We ..aid that perhaps the representative of the Miami Dolphins would be here. Attorney lilt Paul is here at this time and he has to catch a plane, in one hour and a half. I thought it is in the best interest of the City that we have somebody from the Dolphins that we c :n talc to here gather than talking to ourselves. Since Mr. Andress has received a letter which I think has very serious implicacions, I think :.t i2 important that we ao through this process with a representative of the dolphins. So at this time I asi: if you could cap;e down the maps and we will come hack to this within a half ar. hour. Us: OF ORANGE 0qL STADIUM 3. MLAPu DQ! PHINS RE -SET FC'1 JU:_Y LL AND MC NULTY FIRM TO APPEAR TO EXPLA I % PRO?OJALS FOR NEW STADIUM ETC, Mayor Ferre: Mr. Paul, we have all received this letter that you nddreHHed to Paul Andrews on July 7th, se we all k.un, where we stand, at the previouH com- mission meetth , 1 offered the followine :ecotr.:nendation. Ono, that at the expense of the Dolph1nr the firm of McNulty be hroueht to Miami to discuHN with our own consultants, aoth the proposal of refurbishing the Orange Howl as it exists, and the possibility of constructing n new stadium somewhere else and make a comparison with the costs. JUL 8 1976 I Secondly, I. recommended that for the two exhibition games, the Dolphins be allowed to play for the sum of $13,000. which la a 507 increase over whet they have been paying, will) the proviao that when we coma' to a final agreement., that the amount would be-etroactive, whatever we igree upon. Otherwise they would pay what the letter of intent mailed I think in March by Paul Andrews would guide us. Now, the first part of the proposal was accep=ed, and there was a motion and the commission voted to 0 on it. The second portion of my proposal was rejected and in lieu thereof, the Manager's recommendation that there be no charge at the present time provided however that Mr. Joe Robbie sign an agreement that the recognized the letter sent to him by Mr. Andrews in March, charging 15% or whatever would agreed upon in the future. That passed unanimously. Now this letter of yours today in essence says that we go back to my recommendation or that the Dolphins will pay for each exhibition the highest amount which the city is presently contracted to accept from the NFL. Th! NFL has played one game, how much was that? Mr. Andrews: It is $35,000. that :is for one eient that may occur once every three years with a great deal of publicity value ii it on a world-wide basis. Mr. Dan Paul: First, Mr. Mayor and members of the commission, let me respond to your motion to request Mr. McNulty to come down and discuss with you his report and to discuss your proposal for improving the Oraige Bowl and the feasibility of it. That proposal is acceptable to the Dolphins an as I explained in my letter unfortunately Mr. Robbie did not receive notice of the request that he be here today until Tuesday after the holiday week -end, Mr. Robbie was out of town. Mr. Andrews left a telephone message on Friday, but it was too late to get Mr.McNulty here for your meeting today. But if you will set a convenient time we will arrange to have Mr. McNulty. We would very much like to ha';e his report presented to the commission and get his input on the feasibility of the 20 some -odd million dollars in improvements which the City t•iar.ager has recommended vs. the 22 million dollars that Mr. McNulty says a new stadium may be built f )r, at some location. Obviously I am sure the commission need; to look at the cost benefit ratio of the two pro- posals and study those carefully. On the second question, the question of the two exhibition games which are coming up, obviously within the time frame we now lave, it is not going to he possible in my opinion to complete negotiations oz a new long-term lease with the Dolphins, get all of the language agreed with :he City Attorney's office and present the lease to the con:missioi for its ap)roval prior to the time the first exhibition game will be played. ir. order to :ry and get over this stalemate we had suggested that the proposal which Your Honor made at the last meeting was completely fair and reasonable botl to the cit./ and the Dolphins, and that is that we would agree to a 50% increase in the rectal we are now paying for those two exhibition games, with the cLty's right to go back and negotiate retroactively an additionaL rental or 'Jhatever rental may be agreed upon in the long-term lease basis. That if no zrrangement is finally worked out for a long-term lease, which I would find :o be inconceiveable that an agreement would not be reached,and some figure czuid not be ,agreed upon, obviously we would have to have some final agreemen: and we see no reason why we should be second class citizens, :he city has a 5 year contract with the National Football League to pay not just the Suer Bowl game but to play championship and playoff games, in face we offered :o pay ycu toe highest figure. Even though they are only exhibition games, I believe, .and Mr. Andrews can correct me, I believe the NFL is entitled to use the Orange Bowl for as low as $20,000. is that correct MR. Andrew;? Mr. Andrews: No, it i; not. Mr. Paul: $25,000. ? Mr. andrews: Yes. Mr. Paul:---$25,000. they are entitled for playoff or divisional championship games, but we offered you to pay whatever you have contracted on a 5 year basis for them to use the Bowl f)r these two exhibition ;awes which are certainly not Super Bowl games and far i-om the type of sell -out that you received on the Super Bowl. Mayor Ferre: Mr. Paul, let me mak! a coupe of declaratory points here and I am not retally trying to get int > any discus lion or debate about thin, 14, JUL 8 1976 but I want to recap what teal is the sonsensoo around here ns; to the Dolphins. The original c:ontrari that wa:: ';iened wan not with the Dolphin:; not with Mr. Robbie. it was nnuther team :aid ;mother print ipnl . According to Mr. Mel Reese, who told me that the original cout.ratt signed 10 years ago was not wi th Mr. Robbie. Mr. Paul: That is not correct. Mayor Ferre: I could be wrong. I am quoting Mr. Mel Reese. Now, that contract, doesn't matter rho it was signed with 10 years ago, in effect gave a subsidy to the team and I am all for it. I have no regrets because 1 think we wouldn't have had the Dolphins here if we hadn't done that. ' Now, the Dolphins have been paying an average of 3 and 1/2 percent for these 10 years. I understand that the average around the United States for a stadium the capacity of the Orange Bowl and the major leagte teams has been around 10%. Mr. Paul: That is not correct either Mr. Mayor, bat I don't think. we are going to get anywhere discussing that. You may be talking about where new stadiums have been built and the team has agreed to fund the new stadium. That is a different situation. Mayor Ferre: I understand and that is something we can discuss in some future time. What I recognize and I am sure you will too, that 3 Hid 1/2 percent is not the average of what has been paid throughout the nation. it the last 10 years I would guess that there have been 115 to 120 games played by the Dolphin; in the Orange Bowl, and if, and I don't hnow how much the figures are, we have been subsidizing the Dolphins to the tune of 30 or 50 thousand dollar:, a game. 1 don't know how you are going to figure that but I am sure there is some kind of figure. Iwould say that the very m:nimum that we have subsidized the Dolphins is 3 million dollars, and it might go es high as 6 million dollars, depending as to how you analyze it. Again, 1 Lave no regrets. I think t:his is great,hut for you to stand here and say, that Mr. Robbie does not want to he treated as a second class citizen I think at hest is rather exagersited. Mr. Paui: I don't agree with you Mr. Mayor, 1 don't know any reason why we shouldn't have the same privilege the N a does, and you are cnly looking at one side of the coin. You forget not,; v.uci; the Miami dolphins have subsidized the city in the use of the Orange Bowl. You have never received the kind of revenues on the Orange Bowl until the Miami Dolphins came here. Mayor Ferre: I agree. Mr. Paul: We put almost $700,000. into the City last year wits games and concession revenue from the Miami Dolphins so you are only looking at one side of the picture. Mayor Ferre: No, I am not Mr. Paul. I recognize the very simple premise and I accept it. The Dolphins have done a lot of things for Miami .end the difference is we recognize it and it seems up till now, Mr. Robbie does not recognize it. Mr. Paul: No, I don't think that is correct either. But I didt't come here seriously , to get in a postmortem or long rahash of various ,'rie-rances on one side or the other. If the City Commission doesn't want the Mlami Dolphins in Miami, then tell us so, and we will make other arrangements. Mayor Terre: We have been eryi.:-ts to get Cne Miami Dolphins Mr. Paul to sit down.'. r :le2otiete long—term Coi:t" Ct anc I only speak for m.'self, not for the ca'.eeeis ;ion, but I have said that _ would go as far as, ---------obviously the main users, the Dolphins, are the ones that could state i.ihat the requirements are for e ;e i ?rcvemeni: of the Oranse :awl, whether it be seat hacks or public facilities or what have you. Up until now, the Mr. Robbie the principal, the owner of the Dolphins, has insisted that it doesn't snake any sense to refurbish ti! frenge Bowl. We happen to disagree with that. That is why we don't eeem to 6 ai,ic- to tome to an agreement. The crisis which I think we are being orceo is rather unfortunate. Paul Andrews has been shying all along, don't ler this ti►iog get down t„ a posit Ion where you have a crisis. Unfortunately that i.: exactly what we seem to he getting to. Now, the main thing : want to make clear a- far as 1 au, per:;onally concerned is, that if we do come to a crisis, it is not the City of Miami': fault, we aro very anxious Lu code to an agreement with the Dolphins. WF.have been trying,,-- JUL 1976 17 we have leaned over backwards to do everything to arcomodate Mr. Robbie, Mr. Robbie has other ideas. Certainly he can't eat his cake and eat it too He has had plenty of notice. That letter went out in March. Mr. Andrews: In February, 6 months in advance. Mayor Ferre: Six months in advance, and now here we are just a couple of weeks before the exhibition game and all of a sudden, we are going to be cast the the bad guys. And that is not the way it is. Mr. Paul: Nobody is being cast the the bad guys, as far as I can see. By the same token you very well negotiate under an atmosphere where you are served with letters saying sign a long-term or pay 15%. The franchise would have to be moved out of Miami if that is the case because the funds are not there to pay that kind of money. Mayor Ferre: Mr. Paul, if Mr. Robbie had wanted in good faith to change that, and I think this commission has indicated that it was anxious not to charge Mr. Robbie 15%, he has had 6 months to come here and say, hey, we can't do that. Let's talk reasonable and get down to something, Mr. Paul: 1 suggest yoi look at the last 3 letters sent by the City Manager in which he say exactly that. He is to sign a long-term lease or pay 15%. Mr. Andrews is shaking his head affirmatively. Now, that is not negotiations and under those circumstances I don't think anybody negotiates with a gun at his head. Rev. Gibson: I seconded Mr. Plummer's motion last time and I voted for it. I want to withdraw, 1 want to change it,----1 would hope we decide upon a fee. I don't like what was said in the letter. 1 am not going to buy it. 1 believe we ought to set a percentage. That would be fair. If you don't make nothing, you don't pay nothing. Then at that point, if it is 10%, let's go for 10% and Mr. Robbie can pay is 10%. Now, talking about a gun to the head, that is all I have been getting since lhave been here. From the time they wanted us to turn over the Orange Bowl until now. That is an esset for my people, meaning the citizens of Miami. I resent the fact that, they are second class citizens. Two and one-half percent, three and or.a-half percent, isn't old second class. You got your cake and eating it too. You have been gloriously treated and what I want to do right now, I think the City Commission has to serve notice on those people, that we are not operating from r position of weakness, nor are we weaklings, that we want to be fair, honest, reasonable. Let me make a further statement. I resent for 6 months we h&ve been inviting the principals of the Dolphins to come, and they haven't given a damn. They have told us where to go, go to hell. I am not about to go to Hell today. I am prepared to offer a motion, if you tell me what is the prevailing percentage, you have Gibson's commitment to make that motion. Mr. Plummer: Mr. Mayor the one thing that I agree with Dan Paul about is that we are not here to rehash, I want to know what we are here for. Mayor Ferre: To try to work something out for the two exhibition games. Mr. Plummer: Fine, if that is the case, what I have heard, correct me if I am wrong, that the Dolphins's offer is their final offer, to pay either $33,000. or the maximum of $35,000. which NFL pays the city under a long term, and emphasize lone term contract that was consumated about 3 or 4 years ago. But i was a long-term contract. Mr. Paul: What we will a v ast retroactively to figure for the two exhibition games, to whatever figure is agreed on, in the lease which the Commission approves. Mr. Plummer; Danny where is the difference if you pay nothing or, retroactive? The motion I made at the last meeting says don't pay us anything, that whatever agreement is reached, the final terms, it would be retroactive to the two exhibition games. Mr. Paul: That is perfectly agreeable with us. That is not what the Manager wrote us. Mr. Plummer: The motion is quite clear, that in lieu of that, a long term agreement, th-t the present prevailing rate would be applied. 18 JUL 8 1976 Mt. Paul: That is the part we are unable to accept .ind that. is t1u4t We would agree to pay 15%, if that is what you ate proposing. Mr. Plummer: Dan if you don't come to an agreement, how would we negotiate those two games? Mr. Paul: We have suggested you accept for those two games the maximum amount which the NFL has to pay pursuant to their lease agreement. 1 don't see why on an exhibition we shouldn't have the same privileges this NFL, Mr. Plummer:I agree with you Dan, and I say that it is inconceivable that we won't be signing a long-term agreement, so if we both enter info that in good faith, that you feel there is no way that we will not enter :into a long-term I have the same feeling, so let's don't worry about the 15th,- Mr. Paul: We have to worry about it, because otherwise we will hive thrown in our face the precedent that we have agreed on some contingent basis to pay 15% and I tell you here and now, the Miami Dolphin franchise will not be in Miami if we had to pay 15%. The economics are not there. Mr. Plummer: I am talking about the two exhibition gamer; only MR. Mayor. Mrs. Gordon: Mr. Andrews, would you give me an answer in dollars, what is the difference in dollars? Between that 15% and the 33 or 35? Mr. Andrews: About $40,000. Fifteen percent would produce about $75,000. Mayor Ferre: Excuse me, Rose, it doesn't make any sense. If you ;ire saying that the difference between 10% and 15% is $40,000.------ Mr. Andrews: No, she asked the difference between $33,000. and 15Z. Mayor Ferre; I understand. Mr. Andrews: We are going on the basis of their entire average game attendance for the last season, which is 59,000 patrons. Mrs. Gordon: And that would prodtce approximately, Mr. Andrews: ---round figures $75,000. At 10% it would he roughly $50,000. Mrs. Gordon: You are saying that the maximum you would be willing to pay under any circumstances is the 35. Mr. Paul: If we do not succeed in negotiating a gong -term lease. We have said we will pay retroactively for Lhose two games whatever figure the commission and the Dolphins finally agree on in the lease. They will he re- negotiated. Mrs. Gordon: We are assuming then we will arrive at a lease, so therefore we would, Mayor Ferre: Mr. Andrews, what does the University of Miami pay? Mr. Andrews: 10%. Mrs. Gordon.: What does that amount to in dollars? Mr. Andrews: I don't have that figure here.lt is 10% Mr. Paul: But tell them what the attendance is, and it is always less than the Dolphins have ever paid. Mr. Andrews: The Rich Stadium in Bu:falo which has 80,000 seats, realized $820,000. from professional rental for 1975. The Tampa Bueaneer in their new contract starting out a sweetheart arrangement, is 10% up to a maximum of $431,000. escalating to $630,000. in 10 years. Mr. Plummer: Let's not play games with each other. One thin}e, Mr. Paul': time is worth money, and so is mine. Mr. Paul has proffered to this corunis,-inn 19 JUL 6 18/6 that we either accept $33,000. or the NF1, contract of they will take rile games elsewhere. Now, that: is the question. Either sorieone At this corrnissintt makes a motion that we accept the $33,000. or spell cut, ---- Mayor Ferre: Let me cirrect you if I may. You made a motion, seconded by Theodore Gibson, and it we; voted unanimously and therefore this commission stands on that. I1 you wiEl to change it, then somebody has to make a motion. Mr. Plummer: Chas. is !xactly what I. just said, Mr. Mayor. Unless someone on this commission acceptE Mr. Paul's premise of $33,(00. or ---- Mr. Paul: Mr. Plummer, that is not exactly correct. As I said we will pay whatever the fee retroactiiely is agreed upon. It may be more than $33,000. Mrs. Gordon: I am gathering a sense of cooperaticn coming from Mr. Paul, and I feel that what he is saying, is that we are going to work a deal out, and stay in Miami. Mr. Paul: Thet is what I am trying to do, is get these negotiations back on the track. Mrs. Gordon: I feel a sense of cooperation, and I only speak for myself, I want to speak in the same tone. I want to speak in a sense of cooperation. Mr. Reboso:Mr. Mayor I think an exhibition game, to me, is the same thing as a regular game. The price of the ticket is the same. I think we have to negotiate from a power base. I am not willing to vote for less than 10%, those two exhibition games. Mrs. Gordon: Will somebody tell me what 10% produces? Mr. Reboso: $50,000. based on 59,000 attendance, -- Mayor Ferre: If they ;;et less it ;night be less. Mr. Andrews: also based on a price of $8.50. per ticket. Mr. Reboso: Tickets are already printed so we know the price. Mayor Ferre: I'll recognize a motion. Rev. Gibson: Mr. Mayor I wane_ to ask a question, when does the contract run out? Put that in the record for the newspaper. Mr. Andrews: The contract concluded in December or January, passed. REv. Gibson: I move we exact of the Miami Dolphins 10% across the board for all games. Mayor Ferre:For the whole season? The two exhibition games? Mr. Reboso: I second the motion. Mayor Ferre: ?he motion speaks just to the two exhibiton games. Rev. Gibson: And if you want it to go across the board, Gibson is in the mood to carry it. Mayor Ferre: Let me express ray opinion on this. I think Mr. Andrews has been negotiating in good faith. He has met on several occasions, ----a lot of letters have been written. This commission has taken a position that we are willing to come down to a reasonable figure provided however we get a long-term contract. Now, Mr. Robbie has not responded except through the newspapers. And he has responded by saying that he thinks he can build a stadium for $22,000,000. which our people say is absurd. Now, follow me J.L. If we at this point go down from 15 to 10% for the whole season, then in effect what we Lre doing is, we are not showing good faith with Mr. Andrews in the negotiationf because I think we are immediately going down one-third, and we will go dam when Mr. Robbie shows up in good faith to negotiate. He hasn't done that. Why should we then go down to 10%. That is one side of it. The other si,;a of it is this. Mr. Paul says, that, representing the Dolphins, II IIIIIIIIILIIIII1111111111IlAIP111 Pi 011111 20 JUL 8 1976 they would want to pay $3`),000. and the difference between $55,000., And if they should get 59,000 people, i,; $15,000. I would much rather follow my logic on this please. T would much rather gi\e them the ti30,000. edge for two games than to co:ic down to 10% and •st.bl:.sh precedent. I don't want to do that until Mr. i:?: cue feat , :1. to conic ;�e`.c' - these microphones and says he is ready to get down tc b'isii es::. I w.Int a lorg term contract, 1 want 50,000 cl►airback seats, I want additional 5,000 parkin; spaces, and T am willing to sign a 15 year contract, but I am not going to pay more than x percerit.At that point we are ready to negotiate. Rev. Gibson: I'll tell you what I am prepared to do. Instead of asking him 10%, I'll ask 15% for the two games. t am prepared to make the 157. I won't be coming down there. The stuff will '►e in the fire. then. I want to change it from 10 to 15. i Mr. Reboso: Otherwise Mr. Mayor we will he setting precedent. Mayor Ferre: That is exactly the point. Rev. Gibson: My motion is that we exact the Dolphins for the two eithib>Ition games 15%. Mr. Reboso: I second the motion. Mayor Ferre: Again, Father please don't misunderstand 1 want to speak against that motion, and I want you to understand my .logic. 1 think that 1 am willing to walk that extra mile. In my opinion, I know we have been walking for a long time, and walking alone. Now, Hank Meyer and Dan Paul, (T didn't speak with Robbie) said that if we showed a little good faith, perhaps this might help. As far as I am concerned that $15,C',3. a game doesn't make a tinker's damn difference in the long run. I would rather show the good faith now for two games, and not lower the 15%, and leave it this way. That we will charge them the NFL price which is $35,000. Mr. P lumrner : I hear you. Mayer Ferre: I am just saying that we would charge them $35.000. 1 am explaining why I am voting against it. .de should show for the next two games that we will charge then $35,C00. acd that is it. After that, it is 15% unless they come down and negotiate. What in effect that does, is gives these people another month and a half to sit down and negotiate. I am saying that after that, it is going to be either 15% per game or we are going to have a long-term contract. Mrs. Gordon: 1 am going to say tilt same thing you did in effect Mr. Mayor because that is what I said before. I :eel it is true, our patience has come to an end Mr. Paul, and I understand my fellow commissioners and how they feel. I do. But on the other hand, you are here in good faith, and I feel you are here with an intent to discuss and to bring about a long-term contract. If 1 thought you were just here for two gauges, I would go with the 15% and the motion. I don't think you are. I think you are here in good faith. Mr. Plummer: If this motion fails then the motion of last week still prevails. Mayor Ferre: That is right unless somebody else makes another motion. Rev. Gipson: Let me Su,, I get s,p eired using up all this time. You said last week, veal give all t:h:.; tiime,rL.rem_.er? I want you to know 1 give my time too, and I am tired of work.ng for YSC"G. and getting all this heat_. 1 think when we come here, we ought to be serio,:s about business and people. I :am y.,ytt ing, tired of being, kicked aroun( representias ehe people. I believe if ,ou said tc, Joe Robbie you want 15% for the two ^am _s, he will either fish or c'►t halt . t,r•t me tell you this, you talk about patience. The only thine, I have in my husale to sell to people is patience. When I lose my patience, note glow I open ate up here. I am always for compromising• and peace ind trying to aet t l c• . I an, sick and r i red -----I'll bet you a dollar to a doughnu: the next time yo+; invite Joe Itohhio here he isn't going to be hue. le has done it right along singe I have been on this commission. He showed you time and agai►, he doesn't give a damn about you. Mayor Ferre: You know what it mean.,? We are out $30,000. 21 JUL 8 1976 1Fty. Gihison: Let me say t At OM inking chit cha ice. 1 want 159.:. Mr. Reboso: This city has been Showing good faith for 10 years. You think that we have to show it for two more games? Mayor Ferre: There was a contract for 10 yews, so the good faith that was shown was shown by the commission 10 years ago, and has nothing to do with any of us, because none of us were on that commission. REv. Gibson: One thing is sure, we were the ones that sent the letter and asked him to negotiate long before the contract went out. We can't say about Joe Robbie what we will say about Southern Bell, when you hear that later on. So I am for 15%. I call the motion. Mayor Ferre: Does anybody else want to discuss this motion? Mr. Plummer: Mr. Mayor I have to strategicallyfigure out something here. Mr. City Attorney, my motion last week, 1 would like to add one thing, but I guess I would do that if this motion fails. What I yam trying to say Mr. Mayor, that if a long-term agreement. Mayor Ferre: Read your motion of last week and tell us what you want to add. MR. Plummer: The motion of last week was a motion of intent to agree to permit the Miami Dolphins to play two exhibition games,. One in July and one in August of this year without making any advance payment for the use of the Orange Bowl, said payment to be made if and when an agreement is entered into, but in the event an agreement is not reached, said payment is to become due and payable based on the 15% charge for use of this facility which is provided for in the City Code. The only thing I x..Inted to taut in there, but in the event an agreement is not reached before September 26th which is their first game, or two and one-half months from now, that the 15/ would apply. Mayor Ferre: That is inherent. YOu don't have to add that because that: is obviously inherent in it. All you are doing is being reduntant. Mr. Plummer: Okay, I am covered. Mayor Ferre: If this motion fails, that is the one that prevails. Rev. Gibson:'Read the motion agaLn. Mr. Plummer; A motion of intent to agree to permit the Miami Dolphins to play two exhibition games, one in July and one in August of this year, without making any advance payment for the use of the Orange Bowl, said payment to be made if and when an agreement is entered into, but in the event, Rev. Gibson: 1 want to follow immediately 'at U e rate of agreed' Mr. Plummer: ---payment to be made if and when an agreement is entered into, but in the event an agreement is not reached, said payment is to become due and payable based on the 15% charge for use of this facility which is provided for in the City Code. Mrs. Gordon: May I ask a question? Why won't you accept that? Mr. Paul: Secause :;e will not ac,ree as I said earlier to any precedent where we pick: a game and coul<: have to p::y 15%. We are not going to agree to bankruptcy and we are not toi::g to agree to pay a fee that we cannot economically pay. It would not be advantageous to the City. The Dolphins would be very foolish. Obviously if the City wants 15%, ti-tat is notice to us the franchise has to be moved. It cannot continue to stay here and pay that kind of rental. Mrs. Gordon: Dan, as I heard the motion, and as I understand the intent when I voted on it, it was not said to set up front the fee, but that was after the fact only if there was no completion of a contract. We assume you are here in good faith to help us to work with you to negotiate a contract so therefore would not be the necessity to pay the 15%. JUL 8 1976 Mr. Paul: r understand but why put the gun at out head. That in ttti wily to negotiate in good faith. Mrs. Gordon: We are not going to ask you to pay anything up front. Co play the .games, collect the money and make an agreement with us, Mr. Paul: No you put the gun at our head and .say that if we don't agree to your terms, then we have to pay 15%. Mr. Plummer: Mr. Mayor I hate to tell you, T Have said enough. Rev. Gibson: I want the public to realize what is happening. You are talking about a gun to their heads, they have more than a gun to our head. I'll tell you one thing, if you pass that motion I offered, you will see a lot of guys trying to tangle. The Dolphins have nowhere to go. Mayor Ferre: That is the point. Rev. Gibson: We have to operate from a position of strength. That is what they are trying to do. Mayor Ferre: That is the point. They can have all the press conferences in the world, and Mr. Robbie can bring down McNulty from Tim -buck -two and McNulty can make all the statements he wants, as Joe Robbie can make. The 'it fact remains ladies and gentlemen, simply, that there is no other stadium in south Florida. The Dolphins in my opinion are not going to take their franchise away from a winning community. If they do I guarantee you there will be other people who would love to have the Miami franchise. Now, we have all the cards in our hands. There's nobody more impatient than I am. There is nobody that has bean more critical of Joe Robbie than I have, publicly. I have callc, him all kinds of names and I have said it without malice, just trying to get the man eo sit down. Perhaps I have used the wrong tactics. Perhaps I should have been nice, but : don't think that people being nice to Jce Robbie „et very fer. : have been :ha most severe critic of Joe Robbie. If the difference between this and t_-_✓ing to ;et: him dowel ea the table is $30,000. I am willing Le, risk that, he_auee what '.:a are talking about is million of dollars and a long-term contracts: which will ei.'.± us the ability to inprove that stadium and I think it is worth risking and walking that extra mile. i aak you, and you know my position. If anybody has been a critic, it has been me. I ask you to go in this moderation for two more games and at that point, I think, we car. be as stiff, if you will excuse the useage of that word, Mr. Plummer, ---and get on with it. Mr. Plummer: If you are referring to my profession, don't hope to get out for 15%. Mayor Ferre: Call the roll on the motion, Father Gibson's motLoa, Reboso seconds. The motion failed to pass by the following vote: AYES:Rev. Gibson and Mr. Reboso. NOES: Mr. Plummer, Mrs. Gordon and Mayor Ferre. Mayor Ferre: We are back to the previous motion passed at the last commission meeting. I would like to re _erate;(I won't make the speech over again, you heard it tiie first time), I will ;ass the gavel. over to the Vice Mayor and like to, in the spirit of eryine of try::ng to compromise, one more and last time, say that we will charge: the Dolphins for the next two games what the NFL pays which ee 35,000. Is that cc:.-rece? 0:, whatever the sum is we agree upon for a long term contract, paid retroactively the day we sign the contract, and I so move. Rev. Gibson: C don't understand, repeat please. Mayor Ferre: They will pay for the two games, one in August, one In July, $35,000. for those games. When they sin the long-term contract, the day they sign, they will retroactively pay the difference between $35,000. and whatever it is they sign the contract for. Rev. Gibson: But Mr. Mayor if you are saying,(I am a layman now), that you are going to give them the stadium for the fee that the NFI. is paying, for two games, then you talk about retroactively. NplImpromrI'YIII! rr111IIIpII111111 P IIPRI 23 JUL u 1976 i Mayor Ferre: Yes, sir, I am. That is exactly what I am saying. tet the put it another way, Father Gibson. 1r for example in the month of September or August, the City Commission agrees that they will pay 107., and they accept that, and we sign a long-term contract based on 10%, then they would owe us $15,000. per game. and when they sign the contract they would have to give us a check for that. That is what I am saying. That is a middle position which I think shows good faith, and that is it. Mrs. Gordon: There isn't a second yet Mr. Plummer, but a question to the Mayor. Mr. Mayor do you think by the action that your mction would indiciate would that set a precedent for the long-term contract. Mayor Ferre: Mr. Andrews, do you think it will set a precedent? I don't think it will, at all. Mr. Andrews: r have remained silent because I am not trying to argue, and just present facts. I realize the difficulty of this. I have been dealing with this for a year now, but Mr. Paul, as he has seized upon a national football contract, will use it as a precedent. He is doing it right now, and there is no comparison. Everytime you turn around, we are hung up, --- Mayor Ferre: Forget the NFL, don't mention that in the motion. My motion is $35,000. Mr. Andrews: That is different. If they recognize that that doesn't set a precedent. Mayor Ferre: We are doing this only in trying to show good faith, and trying to come to final negotiations. Mr. Plummer: I am sorry, I have to voice an opinion, even though there hasn't been a second to a motion, and it isn't under discussion. Mr. Mayor there is no question in my mind, that it sets a precedent. Mayor Ferre: I am the maker of the motion. Vice -Mayor Gordon: Do we have a second to the motion? The motion dies for lack of a second. Mr. Plummer: The only thing I think should be stated for the record and it has to be, because Paul, it is not encompassed, and it is in my original thoughts whether it was encompassed in :.he motion, that my motion only prevails, based upon the Miami Dolphins giving a letter of agreement to my motion, that if they do not surrender to you, a legal document agreeing to that motion, then there is no agree- ment. Mayor Ferre:Thar is clearly understood in the motion. Is there anything else to come before this commission on this matter? Mr. Andrews: Yes, there is one more matter and I'll he struggling adminis- trately wondering how to proceed and I don't want to proceed out of concert with the commission's thinking. We have row to establish a date on which we must receive from the Dolphin some word as to the use of the Orange Bowl. There is no agreement. There is no provisi:n for using the Orange :owl and if it turns out in a crises situation, on a c..rt::in da e, that they are not in agreement, I feel obligated for the commis_ion'o benefit, to give the public notice that the stadium is not avt;ilable. These tii.ings gen gown to legal questions and the City Attorney has tc speak to you, and we have to come to some conclusion. Mr. Plummer: I disagree with you, ?aul. The Miami Dolphins took it upon themselves to send out by virtue of their season tickets notice that this game was in the Orange Bowl without the benefit of a contract. 1 don't see any obligation on our part to notify those same people for not a mistake done by us, but by someone else. I can't see where it is our obligation. I brought to your attention at thm last meeting that this was done. This, was sent out without an agreement. It IA not our fault. Rev. Gibson: May I ask a question? Mr. City Attorney, we paid good money for legal ac_vice. At this point in time, where are we legally? Tell me. 24 JUL 8 1976 Mr. Weston, City Attorney: I think your doe'st ion Is :ddre: ned the u><se of the Stadi.nm under this present set of circumstancen, assuming nothing else occurs. The use of the Stadium is predicated upon a lease of it, either through a written docun:er.t r_ in crnformance with the ordinance as existing. The option is at this present time, that we either have to have a lease arranging for the use of the stadium and the appropriate payment for it, or the ordinance is going to control. And if the procedure established by the ordinance is not followed and nc lease'is entered into, there is no right to use that stadium by any entity, Dolphins or otherwise. Rev. Gibson: Let me ask this question as a layman from clarity. YOu are saying to me as of right now, this very moment. The Dolphins don't have the right to use the stadium? Mr. Weston: Without their having done something else, that is correct. Rev. Gibson: They haven't done anything. This is what is before us. As of this moment where are we? Mr. Weston: As of this moment, there is no relationship. Let me clarify it. Rev. Gibson: All right. Mr. Weston: They still have the right to comply with the terms of the ordiance, and if they do that they have the right to use it on an individual basis. Mr. Plummer: They or anyone else. Rev. Gibson: What is the term of the ordinance? Mr. Weston: I would have to get it to read it.. They have to apply, they have to enter into certain agreements for compensation and etc. Mrs. Gordon: I can see from what I have heard from tine attorney. from the discussions we have had here, thae we are qoing to get nowhere fast. To make a contract as a legal consideration and other crafters, I am going to ask the Mayor that if he would hand the ravel to Father Gibson to conduct, 1 would second his motion if he will enter it again. Because I believe wa have to show some good faith, and if we go in this manner we will probably arrive at some conclusion. If you will enter your motion. again. Rev. Gibson: ----I am voting for it, :r.Mayor go ahead, Mayor Ferre: Let me see if I can remember what the notion was, ---the motion was that without an prejudice to .is, and without accepting any present, that strictly as a show of good faith, what the City of Miami agrees to increase the fee for the two exhibition games fc_thcoming, an amount ever 50% which would bring it up to $35,ue0. per game, proviaed however, that upon_ the final signing of any agreement 3n the useage of t..te Oraage Bowl by the Dolphins, that on the day of signing that if there is a difference on the possitive side, that they will make that payment retroactive at the day of signing. i think that covers it. Mrs. Gordon: I am goin,n to second your motion with the previous statement that I have made as a reason., because eve. to play the e hibf_t.io:; games, there must be come written agreemen_, a-J :. :.cur.:. c : '11-. Paul?, ---and Lc come to some written Lgreement you IGUSt have same :on:'i. eretion end _ believe you are taking the right Step, chaw Mr. :ohsf.e we are ecrLng in good faith, and he will probably do the same. At lest we hope he -- Mr. Pat1: We have offered to enter into a written agreement for the two exhibition games. Mrs. Gordon: Based upon the consideration that the Mayor has in the motion, I am seconding his motion. Mr. Plummer: If this motion fails, my motion of last week prevails? Rev. Gibson: That is correct. JUL 1976 25 The above motion failed to pass by the following vote: AYES: Mayor Ferre and Vice -Mayor Gordon. NOE;: Mr. Plummer, Mr. Reboso. and Rev. GibEon. Mr. Plummer: Mr. City Attorney, does the City have any liability to the people who have been sent tickets to this game by the Miami Dolphins, does the City have any liability to notify these people? Mr. Weston: No. The responsibility there wouli be on the Dolphins. They are the ones that have the relationship with the people. Mr. Paul: Just one final thing, I gather you lon't desire to hear:Mr. McNulty in view of the Commission's attitude? Mayor Ferre: No, not at all. Mr. Paul: What would you want to hear Mr. McNulty for if you don't want the Dolphins in the Orange Bowl? Mayor Ferre: That is your opinion, and your conclusion, and certainly not mine. Mr. Paul: As I told you from the beginning, we can never agree to pay 15% for the Orange Bowl. The franchise would have to be moved. Mayor Ferre: Mr. Paul, as you obviously saw from•Father Gibson's motion, seconded by Reboso, he was willing to come down to 10Z. The only reason that didn't go through is because I warned the Commission and I think it is appropriate that we not do that until we have a final agreement with Mr. Robbie. I think the implication of that, ----here is the 3rd vote right now,that will tell you that when Mr. Robbie comes here and agrees to sign a long-term contract, I am willing to go on 10%. Mr. Paul: But thrit will obviously not take place between now and the time of the exhibition game. Mayor Ferre: That is true, but I voted against that and it is unfortunate the majority of the will of the commission didn't prevail. The two of us didn't prevail, but the will of the majority prevails so that is it. Mr. Paul: If you desire to hear Mr. McNulty, if you let us know, we will attempt to arrange it. Mayor Ferre: Let's set the date right now. Is the 22nd all right Mr. Andrews. Mr. Andrews: I would recommend that you do this on a special day. The 22nd is going to be bad enough Mr. Mayor with all the things that are coming up. Mayor. Ferre: This is such an important thing, I would like to move ahead on this. That leaves the door open. Maybe when Mr. Robbie comes down here, we might be able to move ahead a little bit. 23rd. Mrs. Gordon: We could set it on the 22nd, any carry-over items to the Mayor Ferre: That is .acceptable to me. Mr. Paul: I have to know the exact time you want Mr. McNulty. He has to come from Minneapolis. It will be a lengthy presentation. Mayor Ferre: How long do you mean by lengthy, an hour? Mr. Paul: I would think at least an hour and I would imagine with the commission questions, it will be longer than that. Mrs. Gordon: I would think the first thing in the morning would he the proper time. Mayor Ferre: Mr. Kunde can you be here on that day at 2 o'clock? Is that all right with you Mr. Andrews? Does anybody object to that? 26 JUL 8 19ib Mrs. Gordon: Mr. Pautdo you think we can gc't them down here in the totting? Or the afternoon? Mr. Paul: We will check with Mr. McNulty, I don't know what his schedule is. He is a very busy gentleman. Mayor Ferre: Provided Mr. McNulty can be here on the 22nd4 which I would appreciate your confirming by tomorrow. Mr. Paul: That is not possible. There is no way I can find that out. Mayor Ferre: Can't you call from Tallahassee? Mr. Paul: I don't get to Tallahassee. If I finish what I am doing in time to call, we will attempt to. Setting unreasonable deadlines is not accomplishing anything. I cannot tell you whether Mr. McNulty can be reached even this afternoon. We will let you know as soon as we can Mr. Mayor. Mayor Ferre: You can just leave it that way? Mr. Paul: 1 cannot promise you. if Mr. McNulty happens to be on a trip I couldn't let you know by tomorrow. Mayor Ferre: Yes you could, you tell that Mr. McNulty is in Saudi Ar;►hi;a and that finishes off the 22nd. Mr. Paul: No, it doesn't finish )ff the 22nd because he might be hack by Monday. I don't know what the answer is. We are being childish, ridiculous. Mrs. Gordon: I think we should conclude it by saying, if it is possible, then your firm can contact him and he can come on the 22nd, that we have him here. Mayor Ferre: I simply will not accept that. I am perfectly willing to say that we, will know by the 15th day of July, and that gives Mr. Paul time to go to Tallahassee, come back have e week -end, Monday, Tuesday and Wednesday and certainly by Thursday, the 15th he can let us know. Is that acceptable to you? Mr. Paul: By Thursday the 15th we can easily let you know. That is not what you proposed. Mayor Ferre: You objected to that and I agree with you. I think you have a reasonable objection. What else do you want me to do? Mr. Paul: Just tell me what time on the 22nd. Mayor Ferre: We '...ve already done that: Mr. Paul. We will schedule an hour and a half, at 2 PM on the 22nd day of July and you will inform us by the 15th day of July, a Thursday, one weer previous, whether or not Mr. McNulty is available. If he is not, it will be cancelled. It will then be rescheduled for the first meeting of September which is the 6th day of September. Is that correct? Mr. Plummer: No, the 6th of September is a holiday. Mayor Ferra: When is the first meeting in September? Mr. P.lunsner: it should be the 9t1. Mayor Ferre: Then it will be rescheduled for the 9th of September at the same time, 2 PM. If that is not acceptable, then you tell us what day Mr. McNulty is available and we will then consider it further. Thank you very much. NOTE: After a 5 minute break the Commission reconvened with all rnemben• present. 27 `JUL 8 19/5 4, SOUTHERN BELL TELEPHONI. COMPANY - CONTINUING FRANCHISE DISCUSSIONS Mayer Ferret The first thing we should bring up is a recommendation by the administration that we get special counsel. I would like one of you, and if not, I'll propose it. The following resolution was introduced by Commissioner Cordon, who moved its adoption: RESOLUTION NO. 76-667 A RESOLUTION AUTHORIZING THE CITY ATTORNEY ANI) THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MALLORY HORTON RETAINING HIS LEGAL SERVICES AS AN YONI SOR AND CONSULTANT IN CONNECTION WITH THE SOUTHERN BELL TELEPHONE COMPANY FRANCHISE NEGOTIATIONS; FURTHER AUTHORIZ]NG THE CITY TO COMPENSATE MALLORY HORTON FOR HIS SERVICES AT THE RATE OF $150.00 PER HOUR NOT TO EXCEED A GROSS AMOUNT OF $10,000.00; FUNDS FOR THESE SERVICES ARE AVAILABLE IN THE OPERATING BUDGET OF THE CITY LAW DEPARTMENT (Here follows body of resolution, omitte3 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- t AYES: Commissioner Manolo Reb'so Commissioner J. L. Plummer, Jr. a Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferri NOES: None. Rev. Gibson: Mr. Mayor in view of the fact that we have done this, I only ask this for clarity. Would it be procedural, since he is the counselor I am only asking, because I don't know, for this particular matter, would it be improper that he and they, after discussion Dr before discussion, an opportunity for him and them to get together. Let's remember that he is acting as an attorney and I think that doesn't necessarily imply that he is a negotiator, because that is what the administrator has been doing. I would like, if I may, Father, kind of review as to what nappened last time, and then I have some specific recommendations, and then I think Rose Gordon has some specific questions and recommendations and then we can take it from there. Since Mr. Plummer is the man who is anxious to get out of here, 1 would appreciate if somebody, ----Mack would you tell Plummer we are waiting for him now. A review of where we are, at the last City Coumission meeting, I moved the following motion, which was seconded by Theodore Gibson, one, that Southern Bell Phone Company give us annually a certified audit b;► an independent CPA that will include all items covered by the contract, which means all the internal matter within the City limits. That we will also have the right to send the City of Miami auditor to ask questions as we do at the present time. No. two that there be a clause inserted similar to the one in Savannah or properly drafted,to include all of the useage of telephone equipment, for whatever purposes transmission of data, computer 'sins, telegraphs, whatever it happens to be, No three, that the contract be for a 20 year ?eriod. No. four that there he built into the contract a protective clause so that should during the term of the contract the system become obsolete that we get paid no less than the maximum paid previous years of the contract. No. five; that the City of Miami receive a one-third, that is 33 1/3 discount from any an all phone services used by the City. No. six, that the rate be 3.25 percent. No. seven, that the next transaction be, that negotiations begin at least two years before the end of the franchise and crust be completed six months before the end of the franchise so there is plenty of tin for a referendum vote. No. eight, that Southern Bell furnish the rep3rt with full information as to how he comes up with the 53 million dollar base and all the facts that go into it regarding all the phone calls, inter and intra and local, before finalize the contract. 28 JUL 8 1976 Mayor Ferre: That wa; the motion that was made and it was voted, was Moved by myself, and votel by Gibson, then the vote was i to 2, Rehosn joining Gibson and myself. Hummer and Gordon voting against the motion and therefore it meant it failed, because we need a 4/5's majority for anything to pass. So I think that beie,;s us up-to-date. We left it this way. Mr. Frown was going to furnish, hopefully to the commission information on intra-state, because his opinion was that if we go into intra-state fees, Southern Bell would then want ti redace the so-called base, because there is equipment that is within the City of Miami but does not use City property and as I understood it, what we would lose would be more than what we would gain. Therefore he was going to come back and explain that to ns in more detail and at this time Mr. Brown L will recognize you if wish to do so and if not then we will see what the commission wants to do. Would you explain this to us? Mr. Brown, Southern Bell representative: The figure at the top of thr sheet, $53,140,211.00 is a total amount of local recurring revenues that we have at the present time, and is a figure which Mr. Andrews and I have been discussing during the period of negotiations. I would like to remind you that figure was 49 million dollars in 1975 so there has been growth i.n this figure and expects to be growth in future figures. That figure of 53 million is broken down in several different components and actually A and B might be considered the same figure. What this actually is, is a local rentals for a line coming into your office of business place itself and the fractional charge which is number B there, those lines which were not connected on the billing date but have a fractional part of a month which we have analyzed so they could be included in the total figure. Semi public revenues on Item C there is guarantees on semi-public type telephones, that is those who for public reasons we do not feel like they would be in at no monthly charge, but is a difference in there for the type for which there is a monthly rental on. Item D and E are private line type revenues, item D being for a line originating in one location in the city and terminating in another location within the city in which a private person or firm may wish to have a direct connection between those two points. Item E is the private line revenue derived from other types, such as lines to which your computers are connected or other type of equipment which may be connected to a line tzar traverses the city streets. So that is a break out of the 53 million dollars. I thin it covers everything that you have risked for in this particular area and I steesest to you it fully meets what I understand is the definitions to be o: the thing. Included in that 53 mill on .1olle s are vertical type services which do not require the use of the streets. Thae amounts to 24 million dollars and I have that broken down between residents and business, for whatever use it might serve. To me this is a figure that we have nct had questioned before. We have always included in the payments of which we have made even though it does not use the rights -of -way to serve them. The Item 3 there, are the ir.tra-state message revenues, broken down between residence revenue._ acid business revenues, amounting to $10,932,000.00 and on that particular figure I know ::.he ;.ctal is :;ant, but the business and residence are spread out as they are there because we had to use a stray to really break out business and residence revenues there, while the total may he right the distribution of it may be somewhat changed. This is based on the study and not based on actual billing. Mayor Ferre: Is this for one year period Mr. Brown. Mr. Brown: This was derives becLuse we wanted to get an up-to-date figure as possible. We tcok the first fear months of this year and annualize these figures, so we would have the latest figures to talk about and base your judgement on, and evaluating what zhe offers have been. Mayor Ferre: Do you follow that? The first four months and annualize it. Mr. Brown: And as further information I have shown an item for that, the number of residence lines we have and the number of business lines we have which would actually exceed the number of customers because some have more than one line• 29 JUL i 3 / b as you know, there. Mayor Ferre: I want to correct a statement that I made. Obviously I see, if these figures are right, that I am wrong. I said that the intra-state would probably affect the business community more than it would the private residential, and obviously in these figures it doesn't, 6 1/2 million residential, 4.4 million business. Mr. Andrews: May I ask one question Mr. Mayor and then I will remain silent for a while. That is, that the heading of it, it says estimates of certain revenues. Is that 'certain' also mean toter revenues? Mr. Brown: No it does not. Mayor Ferre: What is missing? Mr. Brown: The other revenues are the inter -state revenues. It is the directory of revenues there which do not use the atreets. Mayor Ferre: It doesn't include telegraph services, revenues coming from communications of computers. Mr. Brown: That is under item 1-E as I understand it. MR. Mayor. Let me remind you there, certain equipment that businesses use that we do not lease to them .which may be another source of revenue to the City if you want to get down to addressing that particular problem. Mayor Ferre: But you have nothing to do with that? Mr. Brown:I only furnish the lines that connect those pieces of equipment. And that revenue is included. Mr. Andrews: Maybe you should just inquire of Mr. Brown what the interstate revenues are emanating from the City of Miami. Mayor Ferre: For the record, what are the inter -state? Mr. Brown: I do not have those numbers with me. I don't think this commission has jurisdiction over interstate rates in any way. Mayor Ferre: What you are saying, ---explain this vertical service, not requiring use, Mr. Brown: Those are such items as extension telephones, both residence and business. If we are paying for a line to get between two points, and we pay for it in the basic rate, of that particular line, then the addition of extensions are the extensions of additional PBX stations do not use the lines, in that manner. There is much switching equipment, your key telephone sets which gives you inner nommunications within your own premises and your various pieces of equipment of that nature. Mr. Plummer: Where are we? Mayor Ferre: If there are no questions, I am going to pass the gavel over Roie Gordon. Mrs. Gordon: I have a question before you pass me the gavel Mr. Mayor. Mr. Brown when you were reciting the information that is on the sheet you ga.e out, you came to item #3 and the portion delineating residence and business, die I hear you correctly, you said that was more of estimate rather than an exact amcunt. Mr. Brown: That is correct, Mrs. Gordon. We used the best study, the latest study we have as to a split between residence and business toll revenue. Based on that study we split the total which is accurate. It is not an estimate. Mrs. Gordon: Was it more or less based on the number of users of residential ----percentage of number of residential, as opposed to business percentage of users and in that way, you have arrived at that. Mr. Brown:As I understand the study, and I didn't make it personally. JUL t 9im Please understand that. Mrs. Gordon: 'hire. Mr. Brown: But as I understand the Study, they took a period in time and I think it coincides oith this pe.od of time, ttey determined what percent of the total message revenues were residence and what percentage was business. Based on those percentages, I think they applied it to the tour]. which is an accurate figure, to come asp with this breakdown here. Mrs. Gordon: The total I would assume was an accurate figure. But the other we have to speculate as to whether it is or isn't.. Mr. Brown: I gave you the best information I had. Mrs. Gordon: I understand, there is no intention to deceive us in any way, but it still cannot be relied on as being accurate. You wouldn't swear to it that that is exactly so, that there is that many more residential dollars than there is business dollars. We are making an assumption. Mr. Brown: That is right. Mr. Ernie Fannatto: Mr. Mayor can I ask a question? is this a public hearing? Mayor Ferre:Absolutely not. Mr. Fannatto: Nothing is a public hearing. You went through the Orange Bowl without a public hearing which is illegal. You are going through this without a public hearing. I think you are acting in a dictatorial manner, and I want you to know that. Mayor Ferre:Thank you very much Mr. Fannatto. Mr. Fannatto: The Chambers belong to the people. Yrlu have the vote, remember that. Mayo_ Ferre: Thank you very mech :•!r. `'annatto. I'll. relinquish the chair to Vice -Mayor and I'll r,rke c :::ot_3 n. My motion is the very sr.me t :ir , _ mcved last time except instead of 3 and 2/5's I will move ie tc 5. 3:2 pc__ cer t, L nd I so .cove. I'll tell you what my intention is. I think we have tc pu_ cc:ra_ct out _o Southern Be1.1 which they can look :at and accept or :eect. they are ,oin g to re ect, then that is fine. I think we have to s-low ,:hat c..' r_re w?.=i: _; to cone to a final agreement ----I don't want to go _aeo •th(i on ice _ did last ,:ime explaining my reasons, but there are a lot of co:r,1icateti _;i ; ;;s ..__.ia. _..:s and T think the sooner we get it behind us the happier I an going to ;e ev n thoup•Ii it r:.ay not be possible, we may have to go to court ..no ccntest iL, hut I woulc. rather not see that happen, if we can come to an agreement here, at least en the commission side, then it is Southern Be11's hall :game. 1 so move. Mrs. Gordon: is there discussion on ':he .notion? Mr. Plummer: -----eleven tenths of a point? Mr. Andrews: No, it is seven hundreths, 3.25 to 3.33 is eight hundreths, of one percent. Mr. Plummer: In cur aver. Mrs. Gordon: I as going to ask :4r. Mayor on this discussion portion if I may ask if the attorney we have ;rust engaged is in the room? Is he here? Mr. Weston; Yes, he is right here with me. Mr. Plummer: 1 think before you ask any questions of .an alleged hirint„ you better get it hired. Mayor Ferre: He is hired. Mr. Plummer: Who hired him? ri= 31 JUL 8 1976 Mayor Ferre: Four members of this commission. Mr. Plummer: In official action of this commansien? Mayor Ferre: In official action or this commission. I think it is fair to Plummer, ---if Plummer has objections to it, i would take back the motion I just made and recognize him if he wants to oljeet to it. Mrs. Gordon: I would give Mr. Plummer the privilege of voting on the motion but I see no reason to remove the motion. ft hes been passed. Mayor Ferre: I recognize that. It is nothing morE than a legislative courtesy that we have always had. Mr. Plummer: All right, leave it :;s it is. Mayor Ferre: You have the chair, Rose. Mrs. Gordon: All right, on discussion I would like to ask,- --Father Gibson would like to speak first and then I'll speak. REv. Gibson: Mr. Mayor I heard wlat you said and I heard the motion. I find it difficult to understand. I find it difficult for us to vote. Mayor Ferre: The purpose of counsel as I understand it is two -fold. ♦• First of all I would hope that he would help draft the contract that we are to sign with Southern Bell. There is to awful lot of legal drafting that has to be very accurate. In the part of tYs motion was, that we attract the Savannah language, which you recall has a lot cf other things in it. I think that is an important portion. Secondly if we should not come tc an agreement, what we are in effect saying is that we are hiring counsel t: lead us through the legal battles that we are going to be involved in court should we come to that. Rev. Gibson: Let me say wi;i_t my uederstanding is. I would hope, you are experienced in hiring counsel. Unfortuiately I went to law school for one day, so that puts us on a different side of the fence. It would appear to me if we hire counsel, coun3el ought to be knowledge on all of these items, so that if we get to the point where we are going to court, counsel will not be playing catch-up, but counsel will be there from the word go. What I am saying, put it the other way. It would appear to me is order tc be well represented, he must f know these items. Et is like you have i lawyer and go to court, you tell your client, ----the lawier tells the client, don't lie to me because you know, if you tell me one thing, I am going tc ask certain questions and if 1 don't ask these questions then I don't open the keg of worns for the other side. See what I mean? Mayor Ferre: Yes. Let me tell you what I think the answer is. The answer is all the Minutes of the four times ttis item has been discussed before this commission, I am sure counsel is going to go over it, and see if a motion passes, I think that is hi:; instructions to pr!pare a document based on what we have stated. REv. Gibson: Let me raise it the ether way. I have heard a lot of discussion here which said that we are entitled to intra-state and inter -state and if we are going to be bargaining from a posi ion of strength, I would hope that the new counsel that we have hired, would be telling us we are bargaining from a position of strength, and Mayor Ferre: What we are in effect doing is putting out what we are willing to do and let Southern Bell reac: to it. They may say no , and that is another ball game. If they :'ay yes, then I thi: k we have to come back into a final document. This is not really binding. 211 it is, is an intent of this commission. Mrs. Gordon: 7 take exception onl: to one thing you have not included and which I would avant included. If we are going to be bargaining as you so stated, then let's bargain for all the things we are entitled to, and that in the intra-state as well. I would want :ou to include t)iat in the motion. If you are going to be ruaiing a motion which s to include what we would like to have included which we zre entitled to. Mayor Ferre: I.et me tell you Rose again how I see this thing. It is a matter of wha•_ the commission wants to do. It is all vision of what we think 32 JUL 1976 will he acceptable. I have not talked to Mr. Brown about this, or anybody at Southern Bell, but let me tell you how I see it. l thluk, that Southern Bell, and the Bell System is going to r_c:.:ent an increase of percentage. They say they wcn't ;o ov' 3;:;, a.�'. a.- ,:ure that is Mr. Brown's position. I think Mr. ?rown is goine to consul_ wirh the president of Southern Bel] in Atlanta, or maybe he went. Maybe he will flat reject it, but I think if we put out something whiclthey say they have not accepted and give them an opportunity to think about it. if they accept it, I think they will he more prone to accept an increa:e percentage rather than to accept the argument of intra-state because as pointed out by Marty Fine, Dallas has 4Z and some other place 5%, some has 3% etc. I think that is something that is negotiable. I think if we get into the intra-state, in my personal opinion, without any discussion, I don't think they are gorig to accept that. That is my guess. Therefore what I am willing to do, which is like any bargaining process I am willing to put out what I think is reasonably• and what I think they might accept. Therefore I. would not incorporate at this t me the infra -state feature. If the motion faila;nd somebody else wants to make the motion to incorporate intra-state then I will vote for that if my motion fail,. Mrs. Gordon: You don't want to include it in your motion. However someone could add it as a substitute motion, if anyone were so inclined. Mayor Ferre: That is correct. Mrs. Gordon: Or your motion could be taken. All right, the question is called, you call the roll please. sir. Mr. Southern:City Clcrk: Mr. Plummer? Mr. Plummer: Let me ofate that in voting I am changing my vote from that of last week. I was not wholeheartedly opposed to the Mayor's motion of last week but I did not have all of tha particulars in the facts of dollars that it represented. Mr. Gilstrap :ernishd :eery ail, (r:nd Mr. Brown) , all of the figures from their side and I took ti,enn to Mr. Anurews and got an agreement upon them. I think it is fair and I will vote with the motion. Mr. Southern: Mr. Reboso? Mr. Reboso:I think it is a realistic motion and I vote yes. Mr. Southern: Rev. Gibson? Rev. Gibson: Mr. Mayor and members of the commission, I cannot in good conscience employ an attorney and then go on and Make the arrangements. I would want his advice so chat if I were to have the others included or not included, he ought: to give me a legal position and with that in mind t vote against the motion. Mr. Southern: Major Ferre? Mayor Ferre: Obviously it fails but 1 vote yes for the record. Mr. Southern: Mr:;. Gordon? Mrs. Gordon: I vote no for the reasons Father Gibson stated plus the fact that if we are going to :lac ou:selvE? :ir a position of bargaining, then we bargain for whet o•e a::e fully el. -t_c::c tc and if we are not fully entitled to it, we let oor coi.nsel tell ue so. :-Lad wa have so engaged counsel for that purpose. I vote "No." The motion fails. Mayor Ferre: Is :_here anything else to come before the commission on this item.It is at a complete standstill. Mr. Plummer: I would say it is at au complete standstill unless Mr. Brown has a counter proposa:_, or the commission has a counterproposal, that it doce5 in fact stand at a standstill. The only thing I would like to make clear that we have one more neet:.ng between now and when their contract expires, which is the 12th of August. I would assume that our administrator would start infct rut tine 1f'iR' II' IIIII'I '119111111111IIIIIII III'I ll Pl�P1111�1e�ii�1" A+PH�9"�I �"il° JUL b 1976 33 the new hired counsel For Rome interim agreement that We cab pass :it the next meeting. IF not they are without n I rrinc•hlke at the next meeting. ing. Mayor Ferre: I personally think we are heading in the wrong direction. If the intention of Rose Gordon and rather Gibson is that intrastate be included then make a motion. Let's put something out so that we have made a motion and vote on it so they will know what we are willing to do. Rev. Gibson: Let me react, Mr. Brown has safe to us, that he will not buy that. If the new counsel says to me, right now, (and I wouldn't ask him that now) knowing how things are, he has to do some researct. If he said to me right now, that is not within the purview of the City to do, you know what I would do? I'd vote for what you did, but I would not he, Mayor Ferre: I understand your hang-up on it, but the problem is, an attorney, as bright as he might be, is not going to, in any way, give us other than legal opinion. That is all he can do. Rev. Gibson: Mr. Mayor what you are overlooking is, ---- Mayor Ferre: What he is going to tell us is that we can get into the intrastate, and Marty Fine has already said that. I'll tell you right now, I don't need Mr. Horton to tell me that we can get into intrastate, --I believe, our own attorney has told us that, John Lloyd has told us we can, Marty Fine has told us we can, and that is it, as far as I any concerned. As far as I am concerned we can get into intrastate. Mrs. Gordon: Mr. Mayor I would like very much the privilege of discussing other matters relative to this perspective agreement with our duly engaged counsel. I have had no opportunity to have this conversation and I would like to have it before I make a firm decision. Mr. Brown: I would like to suggest one thing, so to better prepare everybody When you give (inaudible) ----an opportunity to sit and talk legally with my attorney to discuss those things we think are important as well as what I think you will think important. Mayor Ferre: All right, .ir. Ernie Fannatto. Mr. Ernie Fannatto: M. Mayor and members of the Commission, Ernie Fannatto is my name, president of the TaxpL'yers League of Miami and Dade County and the Homestead Tax exemption, I feel as a consumer who will be one of the people that pays this tax, I would like to know, before you people vote, and we are entitled ;:o a public hearing, the consumers are, Mr. Brown, what percentage of increase is going to be imposed on the consumers' taxJ When I Erean consumer, I dean the businessman and the people who have public and private telephones. You have a right to give these percentages so we will know how muc'- we are going to nay. I don't think the Mayor and the county commission, within their jurisdiction, to vote on anything until we have been heard and been told what percentages we are going to pay. Mayor Ferre: Mr. Brown, I would like to remind you that this is the fifth of these such meetings and they have been properly advertised in the newspapers. There have been plenty of stories about it, and this is an open process. Mr. Fannatto:Mr. Mayor I would like to answer you, the only time the public knows what they are going to say is, when you finish your completion of a contract. I can't vote on anything that is anticipated. Mayor Ferre: That is why it is a motion of intent and the final draft will then be a public hearing. Mr. Plummer: Also please in this particular case, anything we agree upon with Southern Bell as stipulated in the Charter has to go to a referendum so the public has a way of speaking their opinion. Mr. Fannatto: They must know what percentage of increase it is going to be. Mr. Plummer: That is what we are trying to derive. JUL 1976 34 MF. Fannatto: This never has come up. Mayor. Ferre: It has come tip and it wi I i come up again, again and again. It will come i:p for thelJir.Ul icearine ellen the legal document is drafted if we ever get to that, an saccuc:l y wi. 1 cc;ne up because it has to be voted upon by you, the public. Mr. Andrews: Mr. Mayor if I may interrupt Mr. Fannatto,. I want to remind everyone that this commission was very sensitive to that area and one of the things that was formulated, maybe you were not present, the possibility of phasing in this percentage in such a way that it is coupled with the decreasing percentage of federal excise tax as it comes down, so that overall, there is an actual reduction in the building rather than an increase. Mr. Fannatto: 1 would like to ask Mr. Brown that questions. They say it has been brought up before. Mr. Brown, what is the anticipated increase of the consumer's tax. Mayor Ferre: I have to rule you out of order. Excuse, me I have to explain that to you. This commission has voted down any proposal. Mr. Brown or nobody here can answer any question because there is nothing at this point. At the time when we vote on something, then we will give you that, Mr. Fannatto: Who is going to pay for this tax if it is not the consumer? Mayor Ferre: That will be answered, ----- Mr. Fannatto: That is the answer, the consumer is going to pay it Mayor Ferre: This will ail be answered whin the commission goes on record. At this time the commission has taken no position. Now, we are going to hear Mr. Martin Fine. Mr. I•iartia Fire: My name is Martin . _ne, I want to cumuent on two matters. I hadn't seer. this chart that .•.r. =•roc,:: ,;eve. No reason for him to have sent it to me, but I waat to tell you _n my cpiaiee the statement that was made, that item No. 2 should be Cxclueeh i' you take 1:1t0 con sicera.:ion intra-state calls is totally inaccurate. hie is not a 1e,:;e1. c,:esLion. This is Ley personal opinion about what I think the facts are end the . ents are that none of that extra equipment which he has exclu:ied, coupe cvee he utilized or :_sed if it wasn't for the fact that it was finally tr.ans_ci_ted across the line on the public right-of-way. So for them to tell you one :c_rute o: one hour before you are voting on the thing, that i:: moult: be ,::;clueed, is wholly incorrect, in my opinion. No. 2, the question cf the value the franchise was discussed at the last n :ing and I would like to br_.a soneehin.g out that I think is rather important, and I thin.. Jude Norte" con iooh into it later when he has time, and that is the value of the franchise in : _• opinion is just not the value of the right-of-way but rather ale the resuite: t benefits that flow from that right in what I think one Niaht tail the a ;.rcxivate cause of the economic benefit e..,,oyed by Southern Bell, as a re_:u:Lt of having a franchise. For example, they do not pay a franchise fee on ;::ne :-evenue de: ived from the yellow pages advertising that all of us are in, an, ;ney are nat using city right-of-way. But if they didn't have the franchise, :h•_;` wouica't have a yellow page directory. They wouldn't derive the.:: i-:co:._e. in oafeicn you had a right to take that into consideration in recogn._.'_n_• rhe age :.__,chi!e. Please don't get tricked into the busareaa chef ._-.attic: __ . .. ace _ ieked into, in my opinion, that is talkie,., ..r.out juat eh. the 3e11 System hired an appraiser who talked about jest the ri _t-c_ . _:gat is not what we are talking about. The last eking is, a' c _ ti:ouic eve these to Mr. Andrews, although I thin: ,-- aes around to yc.',- eea.zeseed it at the last meeting and that is the regui;.t_o'a of the pun_.::: aenvice c.:ereission, relating to any increase in franchise, and in my opinion, the woes 'exchange service' relate only to local service, and I thin:: you ought ts look at that carefully at a later date, not at this particular time, but :ecc'::r:ize t::at it doesn't necessarily have to continue that way. We can go back tc the public service commission, and I don't think it applies to anything other than local calls. Mayor Ferre: Is there anything else to come up before this commissloo on this sub,Lct at this time? 35 JUL 8 ' 76 Mr. Plummer: Mr. Mayor let me see if i can't force something here, Can 1 make a motion Mr. City Attorney, and vote against it? Mayor Ferre: You absolutely can. There is not reason why somebody can make a motion or second a motion, then reverse his vote on final vote. Any legislative body I have ever heard of. Mr. Plummer: I'll tell you what I want to do. I want to make a motion that intra and inter -state be included just to get it on the record, and then vote against it. Let's deal from where we are. Mr. Weston: I have never faced this particular problem before and it is my understanding, when you have a motion which you make, you are proposing it. If you propose it and then vote against it, it would seem to me to be incorrect. Mayor Ferre: We go under Robert's Rules here don't we? Oh, I mean Mason's -------I think if you look at Mason's rules you will find that person that makes a motion can vote against it if he so wishes. Mr. Weston: Mr. Mayor, let me further point out, this commission has the authority to adopt its own rules. Mayor Ferre: We are not going to start changing rules. We are going under Mason's rules. Mr. Plummer: Maybe Mr. Andrews has got the point. And this would only have to pass by a 3 to 2. Correct? This is not the franchise. In other words, if I make a motion, that intra and inter -state not be included, does that take a 4 or a 3. it Mr. Weston:If is dealing with a franchise problem the Charter requires that a four -fifths vote he, --- Mayor Ferre: I think that is correct. Mrs. Gordon: Father Gibson always used to say, don't go through the back door when you can't come through the front. Mayor Ferre: The Chair will rule as follows, that a maker of a motion can vote against the motion, and you tell me if it is wrong otherwise. I will also rule it takes four -fifths vote to carry any motion on this subject. Mr. Plummer: You had better be prepared for the next meeting. Mayor Ferre: I will reverse my ruling if you tell me it is wrong. Thank you very much Mr. Brown. 5, AWARD BID - DOWNTOWN FLAGLL R STREET- STREET LIGHTING - 1976 Unidentified p rsnn: Mr. Mayor I woolrt like to he recopni7e4 on the item with respect to the lighting of Flagler Street. We are in the enviable position of being able to offer you an opportunity to save twenty thousand dollars on that item, and I think we can give you a short presentation to demonstrate how. Mayor Ferre: Do you want to hear this item now? Mr. Plummer: I would like to put it off until the regular agenda. Mayor Ferre: We already did that once Mr. Plummer. We can't do that twice. Let's fish or cut bait. Mr. Plummer: They are really not saving us mcney, they are saving Metro money. Mayor Ferre: How long will your presentation take? 36 JUL 'g 1976 Unidentified person: Probably 5 nrinul es. Mayor Ferry: I'll rec ognizt' you on item S. Mr. Franklin Burke: 'hank you very much, Mr. Mayor and members of the Commission, my name Franklin Burke of the law firm of Paul and Thomson, 1300 Southeast First Nati(nal Bank, representing the McGraw Edison Company. This concerns a street lil',hting project on Flagi.er Street. There was an invitation to bid. Three electrical contractors decided to bid on the project. In the speci- fications for the hids in the invitation, there was a brand name lighting fixture named and that lighting fixture was named with an or/equal requirement, requiring the three contractors to submit a bid with that brand name, and an alternative bid with an or/equal fixture. McGraw Edison Company was submitted as the or/equal alternative bid on all three of the independent electrical contractors that made their bids to this commission. There are at least eight manufacturers which produce electrical. lighting fixtures which are equal to or better than the specified brand name in the specifications. In each case the alternative bid would save the commission twenty thousand dollars over the specified brand name. Nevertheless the Public Works Dept. is prepared to recommend the higher priced fixture. They discussed this with us, giving us certain objections to using the McGraw Edison fixture, we are prepared to respond tc those objections today to your satisfaction. I can think we can then demonstrate as Mr. Plummer has pointed out, the County as they are funding this project, will be able to save twenty thousand dollars. At this time I would like to introduce Mr. Camp who is the technical representative of McGraw Edison and he will speak to the objections raised by the Public Works Department. MR. Plummer: You are telling me your bid was twenty -thousand lower. Mr. Buri:e: I haven't made myself clear. Brock Electric was the lowest bidder but in the specifications, as a natter of fact, they named one brand name of fixture, Guard Luninaire, Mr. Plummer: Did your com2any have the same opportunity to name that? Mr. Burke: Our com? ny ie the aitern<_tive provider of fixtures. The Guard Lunineirc was a sa,c _ifie brm;_c name in the specifications. It was almost a proprietary sc.,cific.tio-. '.were are two bid, proposed, one is the bid using the specification, the grand name in the specification,by each of the contractors. There is an alternative bid as requested in the specifications for an or/equal fixture. Mayor Ferre:Which is yours? And :you say it is twenty thousand dollars less, therefore you ought ) get it. That is the essence of your argument. Mr. Plummer: Let's hear from Mr. Grimm. Mr. Grimm: en just this poin Nr. Mayor, there were in the specifications as he stated, C'uard or equal. Each of the alternate suppliers were required to submit to our department their or/equal fixture 10 days prior to the day of bidding. Three companies did such. We declare all of them as not equal. There is no bii on this item as far as I am concerned. Mr. Plummer: Was his company one of :he ones that produced the or/equal. Mr. Grimm: Yes. ;ir. tie said so, ::s say no. Mayor Ferre: Let me ask this. Did you submit your fixture to the City administration. Mr. Burke: We did your honor. Mayor Ferre: The city administration found that it was; not equal, that correct? Mr. Grimm: Yes, :sir, and we wrote them. Mr. Burke: They have certain specific objections which we believe that We can respond to to your satisfaction. 1t6Slq"" AI"A! !TJ I JUL 8 19.6 17 Mayor Ferre: What are the objections? Mr. Grimm: The two basic objections, there were several, but the two most important ones are No. 1. the uniformity of light and No. 2 you must remember that this fixture is going to be maintained by a city employee, 30 ft. up in the air, standing in a bucket with pedestrians and traffic underneath him. Mayor Ferre; I am certainly not going to put myself in the techincal posture of the administration to makae a decision as to whether a fixture is better than another. It seems to me that is what we pay good coney to our engineering department and our various administrative departments. They are just as interested as I am to save the City twenty thousand dollars, but if in their opinion that does not meet the specifications, certainly I am not going to overrule them on an item as important as this. Mr. Burke: The reason that we feel that this is an inappropriate position to take is simply that no other fixture was declared an or/equal fixture yet three were submitted and it is impossible for me to understand that large companies such as general electric and other companies like that do not have an or/equal fixture. This specification was written right out of the Guard catalogue. Mayor Ferre: In other words the accusation, and it is an accusation, that you designed this bid so that there would only be one fixture that would be acceptable. Mr. Grimm: I would have to go back in the history of this project. If you wish I will take 5 minutes and tell you about the Flagler Street project so you will understand that we did not arrive at the Guard fixture arbitrarily. This project started over two years ago with a walk through Downtown sponsored by the Chamber of Commerce to see what could the government do to help downtown. One of the projects that came out of this was the Flagler Street beautification. You may remember through, ----and by the way, and all my years in the City I have never participated in a project that has more agencies involved both government and private and better cooperation, Mayor Ferre: What is your point? Mr. Grimm: The point is that the original intention of the City was to light this through Florida Power & Light, would put them in concrete poles in the existing fixture. The committees involved in this said no, we want to do something to make Flagler Street more attractive. As a consequence to that, we selected a light fixture originally that only had half the lighting intensity of Flagler Street and we decided this would not be acceptable, so getting the evolution to get to the Guardco fixture just didn't come about. We reviewed I don't know how many dozens of fixtures before we decided on this one. Now, we have ,or_h the Guardco and McGraw Edison fixture mounted on a truck ----the representatives of both firms are here. We will take you out in 5 minutes and show you why wa made the selection we did. Mayor Ferre: Che Chair will rule since these people have to take a plane, in one and a half lours, and this is the second time we have done this to them, we will hear this after we hear the other items. Mr. Plummer: I make a motion we .accept the recommendations of our department. Under discussion i t me so? this, I am making .his motion and I am going to vote for it, based upon the request of the Chamber of the Downtown people, but I want you to :now in the future that 1 am totally opposed to the City of Miami buying and making capital improvements outlays for lig'ting. I am not going to go for it. I think it is wrong, it is asking the taxpayers to pick up a tremendous bill, period. Mr. Andrews: fou are accepting it as the agenva shows on the basis of the City Manager recommending this to the commission after having reviewed this with the director of Put lic Wor cs . Mayor Ferre: \re you saying you don't want tha city to pay for any light? Mr. Andrews: 4o, that is a different matter f-om this, Mr.Mayor.. ITr"',1111 11011111i110111 llll 10 moi1 38 'AL 8 197& Mr. Burke: I would like to say that the recommendation of the City Administration takes into account the s?ecificatior:s which were the invitation to bid and t:',at invitation. -o bid was •:ri:tern specifically for the Guardco fixture and ; ;;a: a cc c.:7 .oic:din3 process. Mayor Fcrre: I would like to recommend that before we vote on this thing we table this and go out and look. Mrs. Gordon: I withdraw my second since there is some question in my mind. Mayor Ferre: We will take this matter up after we finish here. 6, AWARD BID - FLAGLER STREET HIGHWAY I; lPROVESENT H -4372 AND FLAGLER STREET H I GMY IP1PROVE 1ENT EXIFNS I nN H-4391 lb The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-668 A RESOLUTION ACCEPTING TI-E SID OF C. A. DAVIS, INC. IN THE ?MOUNT OF S.5 a 6 , 2 37. 50 FOR FLAGLER S' -,E T, T - ., ,•.,`J =i' _- 4 2 7 2 AND FLAGLER STREET H"CY ::Y -ic.v =T E_1TZNSION H- ; 391 IN AND r:.'+i lV .'-..lJi`. �/ ..t ... .•�"�_I �' _ _ -_...: •J L..: r.'� .a:HE AMOUNT OF SL73r092. "�' ��.. `'HIGHWAY -�L .s B0.7,, U . " 7==T _..GHWAY ..2=7. CT TOR E.l.:..u.:l. M' .. ♦.::D'.i 7`CT 5,4 .xb1..21 TO COVER 'I' '. LJC 7 AZ .._. , =ING A.LLQCA- ir:iG . .LL .. :.:.(: .0J_ :2 7 �71:7_.___. '!'J_V �•: ~. ^.+�.�♦ rVl!IO rump. THE , :977._.. c.:_..._..-.CT AMOUNT OF T:i ; T': R r1; ,..,,_` ...... :._ _')U ..Z OF h , 563. 7 2 FOE: T';LJU=."w' i.a.L'-•,_C . �.' __, AMUNT OF a 547. 78 TO COV�.? S:Ci: ADVER- TISING, TEST1%c . 1 2 -1 C. 20R TEL `.'LAGLER S"_":.""::'^ H101-1v7 . I=:.: Z' E H-4372; FURTHER 't,aLCCA`_ N3 Fa-iM ...._. =.CC:DU: T ENTIT'LLD "HIGHWAY :CND .: U:7 ' 7.= . _ :OG:; or ;;116 , 7 9. 9 0 ?OR THE CONTRACT :CL?;' : OF 2HZ HIGH =CiaTION, THE D_`.7-r: _:_..... :.. :L V'�.': :i' :'�, :. .._.'. b CJECT EXPENSc , tZ:_ �'L:,. ti.J /I �� 1.. .. . :CZ . r' S _ : .J ... . 4 �I TO COVER T 1 COS' OF SUCH CI- I :% ..: . : DVi:; T EM'G EST - IN` L_ BO '.:3a1 ._:.J _'?G:_._-il.E; :..RT-i:td. A!:LOC TING FROM H __CC OU:; __' E.', T I'T_ D S. tiER BONO FUND" THE AMOUNT OF , C 1 v:. r CONTRACT AMOUNT OF ^_ E S O.... SF;.E:? iJv'.T.:o::, _f t`-�:^�.i.:::: OF `,'' ,534:.78 TO COVE., TT::. COST - . " -.. �. ' � i� U.:' -.{�- -- -- --5��. t'•L:�'.' TH11 AMOUNT O_' .'79.72. )".L],. - :T AS ADVER- TISINO, ._...T_. .. .._.--. .. �._.`-.. ._... :?J SAC , FOR THE FLAGLER ETRELT .__-_.....__ ____ ..C't. _. _ _:T EXTENSION H-4391; AD AUTHO ;:'ZI ;G T:i2 _IT:. i:..YAG=R :O EXECUTE A CONTRACT WITH SAID FIR. 39 JUL 8 1976 Mere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded Ly Commissioner Gibson, i he resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reloso Commissioner. J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferte NOES: None. 40 JUL 8 1976 CCNttNuATIoN: WALLACE, SIC HARG, ROBERTS AND TODD MOTY TAXIOINCREASES N TO DOF COMPREHENSIVE NEIGHBORHOOD PLAN SMALL HOMEOWNERS TO ACCUMULATE AS LIENS ETC, Mt. Boris Dramov: Before we go on with the last part of the presentation dealing with one of the neighborhood pions as an example of the kind ui process we went Into. In each one of the six areas, by !he woy. It you remember these are the areas that we broke up ti'e cLy into die rict d,h,c',d,e,f, , and so on, which were put up In the C .Ly e:omis-;ion Chambers ;.nd that you had nn opportunity to look at. So, before we turn the ie hoards around r.nd loos at Little Havana; are there any questions on this port of the presentation? i)k, anyone else? All r i,••lit , let's go on with the Little , iavana presentation then. to the seoond phase o1 our study we broke up the city into those six districts that I was just referring to and the first thing we did working with the Planning Advisory Board is to set up a citizen's task force to work with in each one uf the areas. All of the major interest groups within the areas were invited to our first public hearing,as well as any citizens of the area and then we asked for sign-ups for the citizens task force. So, the first thing we did is to create a citizens task force as a result of the first ?ublic hearing and then we worked with the citizens task force for three meetings after that and sometimes longer, sometime four and and five meetings depending if they requested additional ones and so on. So, we worked with them for a long period of time starting off by identifying what the problems were in the area and then developing plans for solving those problems. After that we had another public hearing at the end of that with the Planning Advisory Board where everyone again, from the gener.il community was invited to attend and presented all the plans. So, let me go through the kinds of things that we did in each one of the areas. First of al], we took the best of the existing data that we had in terns of social, economic, and physical characteristics of the area. We tried to describe what was happening in each one of the districts. We looked at things like income, heads of household with children and the different kinds of housing characteristics in the area. Tl..s one for example shows the degree of problems from red being the most to blue being; the least in the Little Havana Area, chose are the census tracts nunibers,whc_e the data comes out. In ether words, this would be census tract 3602. Then, we took each one o1 the major areas o: the plan, Neighborhood Development, this dealt ILL.:;: actiol,s rel fed ..o houog fi:.::.ce. housing management, rehab. and redevelopment, growth manage. tnt, ccm m.n!.ty safety, and conolunit',' services and facilities, that \ti0u..c Jc neee,ni in orc:oo c; maintain the existing population or develop cerca::. n porticns of laic a:e_c. The colors here from light yellow to dark green represenJ from more to Less o. those ,finds of actions that are needed. The brown color f.'tiresents ..re a'1 io ;reateo tat would.. he increasing in pop- ulation. in Lois case there ooe no arc ti'..i•: ..re decreasing in population. In a few other districts there ono. The r,e:.o pc_tion of this is the Economic Develop- ment Program was developed from each ore o: Labia. ..nd, bac!cally, the categories were to maintain exiSt.ilt, employment opportunities where t:icy are. To maintain and expand certain ones of these and to create new employment opportunities. So with these objectives in mind a whole num:)er c; other kinds of programs are related to economic development we Looked at. Sueh as, commercial reh.h. loans, seed monies for businesses, other kinds of to:: incentives which may become availubie with the passage of that coast:.tutianal amendment :hat vcu all know about. The next major step from Neighborhood Developmant t •conomic Develcr..enc was to designate the future land use in the are._.. The yei..aw _e ":ro•,:n colora represent residential. The light pink .o dart. rec represent the .l'i 1feoent kir.cs C: commercial industrial public anc: quasi puoi. c arai mixed esers its;ir: ..:is Lit_; le liavana Area. Now in order to .make it real..y .:leor between chat presently is. there rind what the future concept plan shows we :.id eeo,:hi•_ kind : f ".lap which designated all the areas where a used change was propo ed. :.o all o!' tit ,c areas an a they're numbered so that you can identify the kind el coo ::,tinge Lira'_ is proposer. in that area or that is projected tc occur in that once. As we:_e es the objectives fcr making that happen so we have different ;Ireao here along r'l.:gler Street, S.';. 8th and so on that are shown as proposed land uee i:o;:G_,es. :oleo l.'a hove determined .,.:at the future of the area is hoino oo :>._ we nee- " ! _ _1 c, _ h ._ne kelnds of community fac- ilities WIC a l'0th if there • already exists a g;ap or .::'_ th._ oosis c1 ..'nat. tho ..00t—c population might be and that community taciii::ies eoncepe ;.1.:n gaups to ether all the different kinder of neighborhood Jacilite:, includ: n` recreation, health, social facilities and schools and so on. Ail in one map. Now, there are a couple of more that are going to be coming ... The community faciiitiea concept plan that all of these public; facilities that are s:Iawn on here have implementation in terms of a capital improvements program and budget for the city. Similarly, the transportation ones are isolated out of those facilities there in terms of new roadway improvements, bicycle ways, theater buses, and so on. Finally, the community design element • which deals a Lot wit'I the quality of the environment in the Little Havana Area here shows the different kinds of landscaping treatment proposed for the area. 41 JUL 8 1976 The pedestrian improvements, the existing historical buildings and cultural features, which should be preserved and designates unique areas with particular kinds of design guidelines for the Little Havana Area. This is the kind of thing we did in each one of the areas and I'd like to --- you know, the whole idea of this was to get your questions In a workslop fashion. Let's start with this one and then we can go on to all the other stx depending onoyou know, what you want to ask us. Well, this is :he presentation--- I mean we'd like to talk if you want first about Little Havana and Willie is going to come in and give me a hand with that and then go on to the other areas or talk about the general,over lay. Mayor Ferre: If anybody 1as any specific questions I'll recognize them at this time. If not then we'll g) back to our regular chairs and I've got about five or ten things on general. Go ahead and I'll recognize to any of these maps. My statements are'nt going to refer at all to any of these maps. Its in general. Mr. Boris Dramov: No, we assume that you've seen all of these in City Commission room and we've ;assumed that you've seen them and if you would like to ask us questions. I mean, we could go into a lengthy presentation on each one but --- Representative of Wallace Mcliarg: Let me talk to this for just one minute. This isn't really supposed to be a presentation. This is what you requested us. He said, well you come down here and spend some time with us and talk back and forth that's what we're doing and I think Boris is right. This is more your agenda than it is ours. I think we'd like to answer anything that you've got. Mayor Ferre: See, my point is that we've never had this opportunity to and I think before we get into the specifics of whether or not 8th Street should do this or that or whether there should be another school here which is something that we're going to get into when we get to the public hearings and whether or not we agree that the green is as blighted as you say it Is or whether or not that really because its Riverfront is where we really should put more emphasis for example, which I would strongly feel that we should really try to develop the Riveriront, but that's something that we're going to get into later on. I'd like to talk in general about the concept of the development of the City of Miami and a Master Plan to try to control it. Representative of Wallace Mellarg: Fine. Mrs. Gordon: the pink areas, explain that please. Rep. from Mc Harg: 1 think the best thing is to have Willie stand up here. Willie did most of the work in the Little Havana Area. I'd like him to comment on that. Mrs. Gordon: That's plain district D, map entitled proposed land use, changes and there are some pink area just south of the red area and what does that indicate? I can't read it from here? Willie . Ok. those are basic reinforcements of the types of uses that those street which basically is along 1st Street, S.W. 1st Street. This basically reinforced the primary objective of what the zoning in that area originally intended to do which was to have a quarter that was locally and service oriented in thec area and we really want to emphasize S.W. 8th Street as exactly that and to emphasize the community commercial, the strength of the commercial along Flagler and I think I'm going to answer a little bit more of your question. One of the major changes as far as land use in Little Havana where there aren't many, wle re we'r.c trying to emphasize all over the plans, the quality of the land users, th_. o the in the area, as far as the major changes the Little hsvar_::, Area we're ..reposing a center. Right now Little Havana has S.W. 8th Streit, which you well know is a backbone as you might call it,but there's no place that anybody either a person that lives in the area or an outsiders or a tourist can identify this as a center or this as an area where people can walk thorough to a restaurant, to a theater, can go back to the office where they're having to get in a car. Mrs. Gordon: What is the location of that number two? Mr. Willie It's a six---- well, no, it's not a community center---. 42 JUL 8 1976 Mayor Ferre: She asked the location of it and I'm saying that that's right [text to the Little Havana Community Center which is right hcrc. Mr. Willie Well, ah- its close. Mrs. Gordon: What street is it? Mt. Willie ].t's three block.: :sway. Mrs. Gordon: That's S.W. 12th Avenue and Flagler, which you recommend to be more or less of a latin quarter area. A Latin specialized business oistritt... Mr. Willie Little Havana and will be a planned development to go existing. As far The character and What we're calling it is a central business district from the technical name we refer to it and as far as the zoning change area development. We're trying to get a very organized type of into that area which at the present zoning does not allow it as•basic changes in S.W. 8th Street, let me again emphasize it. qua]ity... Mrs. Gordon: What's the present zoning there, do you remember, is that a C-4 area there, right there? Mr. Willie it's a C-4, Flagler and S.W. 8th Street are C-4. Mrs. Gordon: What do you want to do to change it to whet a planned area to allow what? Mr. Willie The planned area development basically says that an area ---- Mrs. Gordon: To allow what? Mr. Willie _ • It allows just about everything that could be accepted within a given proposalto the City of Miami. In other words, it doesn't say that you can't have housing which right now cannot go under. Mrs. Gordon: I understand, thats your point. You would like to mix the uses of housing with a commercial.... Mr. Willie Right. It would he a mixed use between cultural entertain- ments, housing, and commercial office, shops, etc. Mrs. Gordon: 'inc, I agree. I just want you to say that and you didn't say its ok. I say this is a very broad concept and a very well-done plan from what I've seen today and having become acquainted with it before and I want to commend you on the work you've done. Mr. Willie Thank you. Mayor Ferre: Is there anything else from the Commission... Father Gibson: Sir. I would suggest that you get in touch Little Havana Develop- ment Corporation and please for godsake..• Mayor Ferre: Ail rifh':, I have some general comments that I would like to address on this subject:. I'd like to rake some general comments, 1 think the underlying philosophy and the approach thac ue take on this whole thing, because we're going to come up to it pretty scon and Fa like to;if you'll bear with me for about five or ten minutes. I'd li::e to point out several things. First of all, it's my opinion that we as a community In cha :Miami Area have a very serious responsibility before us. You knot•: ; the .he ong has been in Metro to cut down on the densizy and to cut dour: cn urban a;7 r..,:1, j OL know as ' the theory is that we don't: want to c nd llL with :_.. 't`le- So _:etropolitan Dade County continually s ":yE. c it = Ct. ' `_ C'.., _ C ::' t ,_ ri'.al:d . Now on tae other hand there ire it r''.<' - that t'.7ey ,don't .;ant any urban density. Now you've ''eeezn 11.:: say c is L _:o_c 1,1:: _r.ere's no .gay in the World that you can have... One of the reasons rapid trz:n:i:--- you know, things follow logical. courses. _ntrawa fails basically because there was no governmental body that had any tax forces or money to support it, that's tie real reason why it falls. I think one of the main reasons why rapid transi: i.; in trouble is because its really vertically impossible to have rapid transit :o one acre estates. You know, you have to have urban centers. The reason why it corks in other communities is because you go from high density areas to high density areas and that's how it functions. Now, the alternative to that which Dr. Byer has not been willing to accept and Metro has not, which is what I think if we should of done it is a 43 JUL 8 1976 transfer system within a core area and people drive their cars from Homestead to the University of Miami or to the parking lots around the city and we could've concentrated rapid transit as a people mover system from Miami Beach to the airport and from North Miami down to the University, and then I think we would have been underway. In other words, s art from the center out rather than from outside in. Now, why do I go into all of this; bee:ause 1 think one of the real things that this Commission has to deawith and you as planners are going to have to deal with cne of t11. :;i ;:; . d i sa,. re2 with you is that we cannot envision this community that aas'wnat' 3J se;. mile;; -- as being a low density community, parts of it will remain low density. Befit if we're going to control urban sprawl then we're going to have to like San ','rancisco, or like other core cities recognize that there is going to ho ,e high -ise or a higher density core and that means Miami. And, you know, one of the worst things that we have here and people that come from out-of-town and s'e Miami for the first time, they say, "My God there's Coral Gables, Miami Beach, .,nd UiaLeah and all these centers", for a community this size one of the reasons we don't have a beautiful, healthy, downtown is because we don't have one downtown. We've got five downtowns. It all depends whether you're talking about Downtown t;oral Gables or Downtown Miami Beach, or Downtown North Miami or what Downtown you're talking about and the fact that all these shopping centers and alL these things have gone out. Of course, we're not like Copenhagen. Becau.;e in Copenhagen everything's downtown, including Tivoli Gardens and the shopping malls and what -have -you. And the same thing is true in Buenos Aires, even though Buenos Aires is a city of 10,000,000 people, yet there is a core area that's cie:ir and identifiable that people can walk on and enjoy and we've got to come to that realization here. Now,_second point I wanted to put into the record here is the crisis that I see in urban america between the automobile and housing. Now, .in automobile cost 31, to 4,000 dollars a year to own, maintain, and operate. Now, the average family in Dade County gets under $10,000 a year. is that right George? Something like that. Now, if you've got to pay $4,000 and you have to because if you got a job in Miami you gotta go in a car. If you need to pay $4,000; the average family makes $10,000, that's one of the reasons why we have such poor housing because we're overly dependent on the automobile. Let me give you two statistics. Miami has the highest number of automobiles per parson in the United States with a possible exception of Los Angeles. Alsc, we have the least number of highway miles per automobile in the country. '.eere is no uor:.t highway community than Miami. They're just the worst. They're :tot. even close. Any other major community has much more highways than we do. Th:-ee. we have more human beings per bedroom than any other community in the United States, any major city and I'm talking about the top fifty cities of this country. ::iami is number fifty with the worst. That means that we are worst houses: tit_'. iut you know why? Because last year, Rose you say the figure thaL the 1: lcs Company and Ted Pappas put out, that the average house in Miami sold for $40,000 a year. This year! I saw the figures last week the Keyes Company put out, the board of Reeleor.- - $48,000 the average home sold so far this year. Now you know how much it takes. It takes an income of $22,000 for a family to be able to buy a $45,000 home. Now, that means that 85% of the people of Miami (our city) are unable to buy a house, because there are only 15% of our population that makes $22,000 or more and if you really want to find out what the problem with this community is it is basically that we are being strangled by automobiles. The goody-goodies don't wan:: any urban sprawl.. They want beautification, they want this and that. They don't want anymore touching of the environment. They want to close the doors, they don't want Miami to grow, which is absurd It's impossible, it's not ,going to happen, there's no way you're going to stop it in this community or any other community. We want to stick our head in the sand. We want rapid transit to one acre estates, which doesn't work, and its failing. And, on the other hand we don't want to deal with the basic premise that what we need to do is carefully dk_sign --- it's not how many people you're going to stack together, but how you're going to stack them together and that's really what this whole thing is all about. Now, an the question of good design -that Mr. Luft is talking about --I rhi:al:-- I .71 _ _:ee, that there is such a thing as good design and that SOME things in,: oc)i. mil. ;o :.re inexpensive, but: one of the reasons why the avera l house se,ll'_n fc_ 3':;,00(J in Miami vs. St. Lucie County is because we in government_ nave gci .;t ;)c?_ i:`.!:0 :u0: o many r.:ciuiremants and so many things ,and you uinuners with all due rL Lpec _s to you want to super impose even more things that by the time we're through ..t isn't going to be $48,000 it's going to be $58,000 and it isn't going to be 1 L , it's going to be 5% of the people here, so what you're in effect doing is you are perpetuating a ghetto condition number one, and number two you are assuring that the only people that are going to come into Miami and the only way this community is going to grow is by rich people coming in from Venezuela like you pointed out and therefore what I'm saying is this that isn't enough to pay $25,000,000 bond issues. We've got to find ways of inducing the private sector because the public sector cannot afford to do it. itI�rumlivi 9I's?MI JUL 8 19/6 To cote in here and build living units and commercial knits that are ,tffnr.d:tole that people can live in and 1 agree with you that we can get good design. But f want to make a point to you that 1 wrote down herd. I know those projects that Jack Luft put up on the wall there. Let me tell you that those beautiful thinga which are much better designed in Coconut Grove you can't get an apartment for less than $250 a month. And, those boxes that you were showing in those boxes you can get an apartment for $150 a month. Now the trick that you're going to come up with and I. don't know hew you're going.; to do. Because ;'ve never seen it done in the };n:.ted States. 1n cat. : .av< never seen it done anywhere. In Venezuela, Mexico, or Europe is come up with the three projects that you showed, four of them, three of them are in Coeonur Grove that are good designed, lemon tree, and the other one, and the other thing and charge $150 a month, rather. than $250. Now, when you show me how you're going to do that then I'm going to tell you that you have accomplished one of the main purposes that needs to be addressed. What I'm trying to say is that we got to be very careful and please don't take offensive to this, that what I perceive sometimes as the theortical approach to problem solving Asso Doxiadis. Doxiadis was a wo•iderful man and God Bless him and may his soul rest in peace, He died a few years ago, as you know, but you know he wanted us to have our cake and he wanted tts to eat it too. And, you just can't do that. We've got to ;et down to the realty that these things cost money. Now there are two points that I. wanted to rnake•0ne is that we just recently passed through the efforts of this city mainly, a major breakthrough in the re -vitalizing and re -building of worn down and blighted areas. We got a big job ahead of us to get it passed by the electorate in November and I hope that we'll be successful. I was talking to Senator Ken Myers yesterday,he had a bill in which originally just dealt with people who are 65 and over and I think I had something to do with having that changed so that it would be general. I would like to propose that this Commission pass a motion in conjunction with our Law Department and Mr. Stu Simon, who was offered two years ago by Jim Redford, that we structure and put as our first priority next year Senator Ken :Ayere bill, which in effect will do the same thing for the homeowner that we've just done for the large commercial areas. Now here's basically what that means. If a person lives in an area in a singlereeicience home, let's say in Coconut Grove and in the neighborhood there is area that is on highrise and I'm thinking of a specific woman who lives in a small little co:-tage,she's a very well-known person in this community, who has lived in that cottage (a wood cottage) for 35-yer.rs, you'all know her. I'm not going to ;-.encion her dame. And, her taxes hove gone up :n the last 10 years, four time, what they were 10 or 12 :✓earl, ._;o. She can hardly afford to live in her home that's ehe's lived in for 4,0-years ane the reason is that because cf the speculation of land values the tax assesscr toes his job in a 1.00% assessment and therefore her taxes go up. Now, whet :his bin does is it freezes--- it will freeze the taxes of tdat lady Li' she so chooses a:td she will have to pay an interest, because obviously its money that is due to the city that the city will not receive in ad valorem cares add we've got to be very careful a3 to ho'., we approach this. Now, when she dies or when she sells the property. if she sells the property, then there is a lien against that property for the amount of the difference between the speculative price of taxes and what she's frozen at. Now that is one way in which people that live in (this is strictly fo: :ngie-resicen ce rami.lies)in which people aren't going to be driven out of their homes they ;lay they have in the past 10-years. And, I think it is--- in my opinion it is r very, very, important thing in the re -development of the City of Miami and I would recommend as I said two things Mr. City Attorney. (1). That ye., research the law' as it was passed by the legislature (because I told Konnev Myers at. ae's researching it to) that I think that, that law will cover something like this. (He says he doesn't think so). I think that it does. If it does :hen all we need is enabiin€ leislation should it pass on November. If it does not then i mould like for you in connection with Stu Simon t start drafting up and rfor the Administration to start studying the impact of what's that's going to cost us. Now one last thin., about that item, it seems to me since as you know :he City of Miami gets about cne-third (1/3) of its budgetary dollar from ad valareta tes:es which f.s cea •,f the : owest. in the nations, that obviously we're less impacted by t.^.ie leetra. c iiea1. D.,_:_ (:panty and other communities and therefore we really don't 1- :v,_ ti a: very much to . ose, but nevertheless : its an important .:.prop:. of 3cr bud:;t_t and I think that }.as to be taken into account in your studies and I would.... Mrs. Gordon: Mr. ti'.ayar, may I make a comment on our statement regarding the tax abatement for the residential property owner. When Gwen Margolis worked on that special committee and did have such a bill working last yea.. 1 don't believe it got anywhere. But I think maybe if you're to cirect our attorney, direct: him to her so that .... sive a lot of time and effort. Mayor Ferre: Let me tell you what happened to it because 1 followed it right through. I was in part the originator of that twc years ago with Jim Redford. 45 JUL 8 1976 Let me tell you what happened to it. 1n the Senate it got buried but where it really got buried was Gwen Margull!, introduced the ( same bill) that Kenney Myers introduced in the Set ate and It 'nt into the Commerce Committee and John Forbes killed it there_. Ile :;.►t on it .hid we recognized . Mrs. Gordon: I have a suggestion to you, not on that bill, but on another factor that needs to be considered In improving or retaining the amenities of the community and the►r. Is that --- y )u 'cn..v :c h;,ue ,tit. it's kept up. You know you keep your house nice, you row your lawn, you paint and fix Jt,you ;et a higher assessment than your neighbor who iets the weeds grow up and cinesn't paint it. I think that should be incorporated into any kind of a hill. Mayor Ferre: Well make a.motion and it corporate that in there. Mrs. Gordon: Oh, I don't think I need a motion--- I'll make a motion that ,that facet of property improvement be included in the research that you're doing Mr. Weston in recommending a prospective bill to the Legislature. Mayor Ferre: All right, is there a second to the motion incorporating the state- ment that I've made plus the one that Rose just made? Seconded by inummer. Further discussion on that. Call the roll. The following motion was introduced by Commissioner t,ordon who moved its adoption: MOTION NO. 76-669 A MOTION REQUESTING THE CITY ATTORNEY AND THE CITY MANAGER TO INVESTIGATE THE POSSIBILITY OF AFFORDING TAX RELIEF TO SMALL HOME OWNERS BY ALLOWING TAX INCREASES TO ACCUMULATE OVER THE YEARS AS LIENS AGAINST THE PROPERTIES, SAID LIENS TO BE COL- LECTED AT THE TI1E OF SALE OF SAID PROPERTIES; FURTHER RE- QUESTING THE ADMINISTRATION TO DETERMINE THE FINANCIAL IMPACT ON THE CITY OF SUCH A PROCEDURE; AND FURTHER REQUESTING THE CITY ATTORNEY TO STUDY THE PROELE1 CF PROPERTY OWNERS BEING PENALIZED FOR IMPROVING THEIR PROPERTIES BY RECEIVING HIGHER TAX ASSESSMENTS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Manoo R`boso Commissioner (Rev ) Theodore Gibson Commissioner J. L Plummer, Jr. ViceMayor Rose Gordon Mayor Maurice A. 'erre NOES: None. 8, COMMISSION DISCUSSIO1: FUTURE CITY EXPENDITURES FOR YEARLY PLANTING OF TREES Mayor Ferre: I've got three other things that I wanted to point out here. One is trees. I think one of t re most dramatic _hings that was shown in that slide presentation was what a big difference a tree makes. Now let me put it to you another way, if you were to take Coconut Grove and take all the trees off it would be a slum. It would ..bsolutely be a monstrosity. Now you saw streets there and then you saw anot'cc:r street with gees on it and it makes all the difference in the world. O:te of the :cst dramatic times that I've seen that is flying into Madrid. Madrid ... sur.ounrled Lv a desert area. And, yet in the middle of the L'_tv it.., .:u l of _. 'Ja c. saiful large trees and parks and when you're_ c-iy you - ;, ;: = ': l_. d±fferent view of what that city. is like and ?_. yeu go tea m .le.; out thL city limits and its really a yellow , parched dry land and I thin,., in my opiric.- and I've been saying this for years now Paul, I think one of the t'aiegs we ouht to do in this city is literally spend two or three hundred housend dollars a year in planting trees in every single street. There's no •eason why Coral Gables should have that advantage over us. You go crown the s.r`ets of Cora'_ Gables and they're all beautiful. One of the reasons they're seauti.ful is because they all have trees. 1 go down streets in Miami and you ea, go down the whole street and there isn't one tree in the public right of way .nd I think that we ought to come up with a plan and incorporate it into the bud ,et and spend two or three hundred thousand dollars every year. We're spending more than that to put lights and to me the trees are 4 46 JUL 8 1976 mote impottant than the ligiis in the long run in beautifying the city. The next point, in item(5-D ) you're talking about nt w parks. I'm more coovincon than evNr that we don't need any more new hig parks, othrr than lat in 1'''rk which ir, half -way, half-baked. I think we ought to let Metro do those hig porky. I think what we ought to do now is put al 1 (air money and there shouldn't he a neighborhood where you'd have to walk more thar five h1oc::s :or •r park. And, I'm talking about Mini - Parks. By a Mint -Park I me.>n a lot by '.G MO with one area for the kids, with swings and what -have -you ar sand i7oxea aen :he other are:t:i I or the older people to sit and talk in the evenin,;•, o: in Lae to t.e -nc>e:.. I Clink that our whole approach to parks other than what we eve now which is plenty. Riverfront Park, Bayfront Park, Coconut Grove and whatever parks that we have that we ought to upgrade. From now on what we really ought to do is put oto7 money and our efforts into Mini Parks where people can walk from the neighborhood areas to enjoy those parks. Now, with regards to the refurbishing of old houses. As you saw in this report. Miami is only 3% vacant, which means that this city is built. Now we gbt todo two things,knock down the old and build new things whenever its economic and feasible. But I think we really should --- the Ford Administration, ever, though its been a failure, has given great emphasis in the refurbishing of old houses. My theory is pertinent, not only in the refurbishing of Dinner hey Auditorium and the New Police Building, and the Auditorium in Downtown. We cannot afford; we just don't have enough money to tear down Dinner Key Auditorium and build a new one. We just don't have the money! We don't have the capital structure to do it and I think that's true of all these old houses. You see one of the tragedies that this community has suffered that we're still suffering under 25-years later is that the great wisdom of the white fathers in Tallahassee come down here and tell us how to build all these roads. They tore down all these blighted areas(which was good) because they were sub -human living conditions. But you knew what they did? They didn't replace any of those houses. So all those poor people, they were all Black people.Instead of living in substandard housing. They had to live in subhuman housing. Because now they had to double up. "Because they couldn't go into the white neighborhoods and with houses the way they cost who i.an afford to live ir, Coral Gables unless you You know the discrimination is very simple,its done by economics. It's not done by anything else:. And, we inposc on the blael community 25-years 1go. One of the most horrible things that's every been imposes t n humarji,eings and that is we took their houses away and we toll them we don't C.a :it you living in these substandard houses and therefore we didn't give thee: a:: alm_ri ctives, didn't give them any solutions, we said the American Way is ever_ aody' s act to fight his way up the ladder. Now I've you go solve your own aroblen end all t,icse people had to go and double up. And, been to hou es ..nd I'm not Bloc:: Lad : a_hee Gibson's been to 200,000 of them. I've been too fey where I've_ seen peoole aleet ing in shifts and where I've seen 10 and 12 people in one little :Coln. I'me _eel. i:, with "'.v own eyes! and those of you thee have velked around _ have seen it too: we've till - �o•.� � oc I ;Chink w� ve got to put a lot more emphasis in the reurbishine of sc: e of chess: u:;its that already exist. We can't afford to :Car enem do+,r and replace erem ' ith $50,000 houses that poor people can't afford and we can't have any .honey to subsidize them. Next point:, should new schools be b'..if.c? In my opinion, it's not within our purview;that's the school boaea's p.rcble .. I'm not Going to worry about it. Let them worry about't,They've got t:le i.nd. Let them provide the schools as the community•s. dev� That's their problem. T?iuc's something that they're going to have to worry about. Should tti__t`..es be impr.cvec.? Well, I think we've got: to improve ut"i ivies. _ think the rain gue atio:-. is who's going, to pay for them? And, I go back to the Joint :hat we gent on with Omni. :f :*c hadn't done what we did with Omni, Ot:.:i '. -' ildn't have Jeen built. 'We're going to have to come to a new realization here that if we're going to compete with Kendall and with Hialeah and with North Miami that we've dot to recognize the eaonotriic reality of a free flow. Now you can regulate anything you wane hue you: know what you're doine ? you're dreaming: if you regulate and o-: regulating you are stifling growth. In effect what you're doing .a ;ou':e hill ink growth. You don't have any control growth. Whc.:'s going tc t-..:ppen is that is the developer has an alternative if he can go of_ to Kendall or he can ao to North >i:aai o:: to son other place he is goine te f i r d the alcernazi'. _ r. a ,Li„' to con ..tej+' ieeperog over Miami one �ir�=._.C�u E:.:C! ._-•�t. .: :.t.'. ll :or net:. ___t tee put it to you this Si? 1" !'l_ tl _ piceur_. Wnee I came to this town in 1952, then: ama just eboue o.ai,.�a.0 e:e.,_e hare, right Paul in Dade County, about 500,00C ? The City of i.`ia:n. had e ..opela ion according to your figures here in 1 5C of about 230, 250,000 people. I1: 1953 we had 250,000 people. Now, I've been here since 23, that's e>.tly 23 years. Now our population is 350,000 mostly because of the im.;ri ration of the Cubans from Cuba. And, accord- ing to yoer figures here the ,Miami population of Latins is 180 out of 350. With all those 4rr°1'•' that you pointed out: t'r.a_ means and see can youthe figures here g is chat the white population of this town went down from about lh0 beck in 1950. The Anglo population is now down to 87,000, so that's been cut in half and the Latin population has grown up to 180, which is what the Anglo population war; when I came here. So the fact that we've grown from 250 to 350 is totally and 47 JUL 8 1976 completely due to the Cohan population moving in. Now look at whets happened to this community in the meantime. This is a commtnity of a million. live hundred thousand people (1,500,000) uk. That means when I. came here there were 200,000 people living in the County. Now there are Ui)0,000 people living in the County. We've grown by 40% . The County h.ts grown by 400%. Now what it means to me is this that we've gone about this all wrong because what we really should have had besides the l;et ins and the a:ubans corning in here is that we should've bean foreseeing; and doing fire type of planning and incentive so that this could be a dynamic city and part of that 800,000 population which now has to drive an hour and fifteen everyday to go to work. ./ou know, and i'11 tell you I've had the experience in my own family. My daughter :ot married and her husband won't accept a cent from me, ok that means they've got to live on what he earns rind he was a student and he had to work at night(part-time). And, my daughter told me, to live in an apartment they could afford, they either had to squeeze in a small little place off of. Coral Way, which is what they ended up doing or to get the kind of an apartment that she wanted, she had to go an hour away from Downtown Miami. Now, what I'm trying to say in a long winded way for wh.ch I apologize is -that --- Mrs. Gordon: You better apologize you'll a half hour over the time we passed the motion. I'm only kidding you. Mayor, go ahead and continue. You said 12:30 we'd break but we're not going to break today because we have important business to complete. Mayor Ferre: Well, I'll tell you I can't think of anything as more important than what happens to this city and this is what we're talking about. And, all I can tell you is this and with this I finish. I think that we for the last 25-years have really been sitting,standing still. We've been actually backpaddling. We've been in a defensive posture. If it hadn't been for the Cubans, the City of Miami would be in serious economic trouble. We would've decreased in population, rather than increase. This would have been a tremendously blighted community and if we are at all sitting here as ;r going and viable and going entity, it's hecause of the Cuban immigration. Now, I recognize what you're doing. I approve it. 1 think its great, but I certainly hope that you keel reality in mind that you don't plan this out of existence. That we don't end up with another Doxiadis dream world. That we don't put the restricticns and regulations that will end up never being done, because when you get to a point that you can get a building lot in Kendall and buy it for $4,500 per build_i.nc lot with water and roads and all those things who in the hell is going to coma into the City of Miami if its going to cost you 8 or 9 or $10,000 to build an apartment. And, anywhere you go right now if you 3.00k at the cost of real estate and you look at the things that we impose on builders, there': just no way that this community is ever going to build up the way we want it unless, unless you as planners, and we as a duly elected Commission recognize that we live in a free society, that this is the United States of America, that you cannot impose everything on everybody, that it just doesn't work that way, and that we have got to fig'.rc ways in which we can induce, whether it be by tax incentives, tax inducements, tax abatements, or public participation, 10-year payouts for street improvements, the financing of these things, community develop- ment projects, government financing for rehabilitation of homes, community partici- pation, inducements to the private sector, to invest in midst --- but recognizing that we live in a free economy. You cannot regulate everything. We cannot have everything regulated and the more you try to regulate in my humble opinion the more you're going to do just the opposite of what you think you're going to do. You're not going to have development. What you're going to have is the continuation of the demoralizing and decaying of the city which right now is at a very major cross- road and therefore my opinion and my adv_ce to you is for Gods sake,do your planning, do your dreaming, keep the economic aspect:, of it into account, put trees and all of that, that's what we can do. Help Lhc design of better architecture but not at the cost of imposing add.tional costs which then will kill the construction of new projects which we desperately need for housing all over this community. Mr. Boris Dramov: May I r.aal.e :: comment? Mayor Ferre: I'm finished. Mr_ Dramov I agree with most everything you've said, but one of the things that-- you know, something :lightly troubles me is the identification of planning with controls. In other words, planning equalling more controls, more regulation. Mayor Ferre: Well, that's vhat its been in the United States in the last 10-years. Mr_ Dramov : Well, it ma} be in certain areas that kind of planning is very appropriate and there are certain kinds of controls that are appropriate to the city, but a great deal of tlis planning efort is aimed at other implementation 48 JUL 8 1976 devices that you're also talking about such as tax incentives it and when those become those become legal. Surh as use ni the budget to achieve ends --- Mayor Ferre: Boris, but that's not ins orpnrnted in all eXactly what I'm trying lo tell you. Mr. Boris I) ; rrnv: Ok Dirk your tern. there drerwinge and Chats Rep. from Wallace McHarg: It's important that you know that our firm noes not recommend plans that cannot he bone. It's important to realize that the ability to implement plans lies within the community themselves. Mayor Ferre: Well, you sea I disagree with that statement right off the bat, be- cause you are the same firn that brought us a Downtown plan which the Chamber of Commerce and every single responsible business voice in. this community that I know of has told you that its impractical and unlivable. Rep'. from Wallace McHarg: I'.il repeat my statement. Our firm does not produce plans that cannot be implemented. The implementation of plans lies within the ability of the community to implement them. Mayor Ferre: That's exactly what lloxiadis told us ten years ago. Rep. from Wallace McHarg: I contend that all the things that we're proposing (and I speak from a long experience in the field of planning) where things were implemented required tremendous decisions on the part of the Administration and the legislative bodies. The decisions that go with it are controlled decisions and they're funding decisions. Funding decisions means making commitments of funds now for things that take place a long time from now. What we're asking for in this plan and what we were not contracted to ask for in the last plan is a comprehensive strategy. One that r.ea.s not just with the land controls, but with the total package of carrying out the: plan. The point I make is that carry- ing out plans involves the entire process of redevelopment, private development incentive, holding onto the peco:.e you've already got who are living and working here in a careful growth management of the city, keeping the people that are here. making it grow where it can anti ::hour` grog. The point we've Bade in our presentation to you I have to make it cve': End over that if present trends are cont- inued)it i3 our interpretation, not ou'i ._c...ction or our prescription, but our interpretation that Miami City fa vra ii c . .:aa way to becc ;ainF a city of very rich and very poor (period) . And, nothing, ie between. There .:re r,.ethods of dealing with the other thing when you mentioned the issues of hcu:;Ong. ? see the sign up here that says City of Miami lncorporeted 1896. That's an interesting number because that's fifty (50) years later than the house that I pr.sently own and live in Philadelphia, fifty(50) years liter. It's not a new none. The point I'm making is that a comprehensive approach to housing;, ;studies, where can we build new housing, where can we hold existing housinae nd where can we re -cycle the existing things that are already there within the community, but it's comprehensive, it's broader than just how do we control our dire.t trivate enterprise. I am really almost to the point of hoping that our presentation can be emotional enough to say to you and also to the people of the city that the planners and Administration of this City now have within their capacity the ability to present to you realistic and achiever options but err and get them in the context of which they're presented. Get them in a way in .:,rich if a capital program is presented know the impact of that capital program. Know the long-term impact, not just what happens today. Mayor Ferre: That's what we have to talk about. Cut you see we're talking and l)oking at drawings and beautiful presentations and that's great and I think thars part and parcel of it. I hope I'm not aei.ng destructively critical. All I'm trying to do is present a viewpoint. You're heard this story and this Commission before about the doctor who comes out of :he cperacing room and he's very excited about his new operatiou and his new techric.ue :. r.:� a ;ked the doctor, well how was the operat�:,n. He sail, it we.,. atemaeaeaely s,:ccc::sful, 1 think it was a major breakthrough and he started to r_.:_'; cheat the cperation and then some person asked him, well ho.: _e the patient ec:: . yid, wall unfortunately the patient died. You see now _i don't want to go throll h the process of going through the exercise of ning, if it is not to have a successful cperation,but to have a live patient when its all done and over with, that's the ultimace success. I think that, that can be ac:rievec. I think that you're in the right road. You keep saying that you have to repeat over and over again and as long as I'm Mayor I'm going to repeat over and over and over again the same taint; and that is for God's sake don't plan us to death and don't plan us in unrealistic things that you'll he long gong and living in your 1832 house in Philadelphia very happily doing a job for Los Angeles or Sacramento and doing another job,and we're still here sitting around plan- 49 JUL 8 1976 struggling with an ex-planler, struggling around trying to get some quality into this community and what I' , saying Is 1 recognize your point. Please rc cognate our point. Rep. from Mi Harg: We wi l 1. Mrs. Gordon: I want to say Mr. Mayor you've taken me completely apart 1 thought we had something that we've accomplished that 1. wa3 pretty proud of and ---- Mayor Ferre: I am too. Mrs. Gordon: Let me say tlat I want to get on with the show and I want to Induce development. I don't want to seduce --- the words are always the same you know, right! we don't want to rape this city we want to build up this city and we want to do it in the right way .nd we need the comprehensive plan in order to proceed which we now have or which we are in the process of developing to the force and what we haven't gotten to .et are the tools for implementation which are the tools that you're talking about 'hat you don't want to be too stringent to prevent imple- mentation. Mayor Ferre: Right! Now yeu got it. Mrs. Gordon: All right notia. Where do we start? We want. to start; we want to begin; we want to start utilizing that $25,000,000 bond issue in the most benef- icial way for this community. Where do we start? We do have areas --- Mayor Ferre: That process is already underway with the appropriate department and they have to come back to us with recommendations, which 1 understand from Mr. Crumpton that by the time we get back ;sere in September that they will have some preliminary recommendation:; for us. Mrs. Gordon: Ok, let them make the recommendations but I want to give them my opinion. I want to see sore action,where the action is most needed. You mentioned the areas Mr. Mayor where people are living 10 in a room. I want to see those areas number one priority areas. I want to see those areas --- Mayor Ferre: You got them on that map, that blue map -that area where you have the blue areas. Mrs. Gordon: Well I don't want---- but I just want to say how I feel. I want to feel that the areas that are most desperately in need of housing be the first areas that the housing is placed in. And also wherever renovations and rehabilit- ations can be done of course we should assist if possible,with this same funding monies that can be done of rehabilitation. But I don't want to make another correction a fact because its necessary. In the City of Miami the average range of housing you know, $48,000 I don't believe that , that might be the exact figure Keyes Company intended for the City of Miami. I took, they took it as a County basis which is an averaging out cif figures. We do not have that very many private dwellings in the City of Miami to work with in the first place. There has to be enormous amount of inflation and the properties today that are selling for 35 and $40,000 I soldtg8$&Y6dd years ago for 3 and 10,same properties, only that much older. But that is the inflation and the lack of construction and the lack of property to cons:ruc.- upon that is causing that kind of figures to be put on the tables today. But I don't want to do a lot of talking. I want to do a lot of action. I want you to tell us what our next step is and I want to be able to take that next step. Mayor Ferre: Is there anything else or any other statements? Mrs. Gordon: No, I just want an answer to the question. If the planners will tell us. What is our next step? Mayor Ferre: Isn't it public hearings? Mr. Boris Dramov: Well, yes. Our next step is to complete the recommendations of the Comprehensive Plan and then it will be presented to you and it will go through public hearings so you can say that the next step is public hearings. But in that plan will be recommendations, not only for zoning controls but also for budgetary items ae well as other kinds of measures such as tax incentives for achieving a plan. Creating incentives for development that Mr. Mayor is talking about. And, this is not just a zoning plan. Mayor Ferre: We got to get a vehicle for that. JUL 8 1976 50 Mt. Boris Dramov: I agree. Yes. Mrs. Gordon: Will you be able, I'll address you Mr. Acton, to incorporate info some of these implementation a transfer of development rights do we can have some open spaced areas and a ---- Mayor Ferre: See, that's the kind of stuff I'm talking about. Mr. Acton: Yes. Well that comes durini.; phase IV. Mrs. Gordon: That will he part of your recommendations to us in our ... Mr. Acton: No, the :omp--- of plans will be done as of October 1st and presented to the city and then we're going to go to public hearings. Mrs. Gordon: Thats kn exciting concept because that gives the Mayor what he wants. That gives him high concentration of development and opened space. Mayor Ferre: Amen. Mr. Boris Dramov: Ore of the other things to answer your question about budgetary items is that its very important to consider and this is what we're trying to help you with in terms of our recommendations. How to leverage some of these public funds that go through you, whether they're federal or local in such a way that you can attract private development because you don't have enough money to do all of it through public means. So a lot of what we're recommending to you will lead to directions for levering your money, concentrating it or disbursing it in certain ways. Mayor Ferre: All right, well thank you very much. We're certainly grateful for your patience. Mrs. Gordon: When will be getting some more reports back from you, how soon are we expecting to get the next phase? Mr. Acton: During the month of September. We will have completed a report at the end of July which will be released to the Planning Advisory Board in the City Commission Minutes. Mrs. Gordon: September then? Mr. Acton: Prior to :he time of the October 1st final ... WAIVE REQUIREMENT DEMOLITION OF CERTAIN BUILDINGS KNOWN AS 9, OF CONTRACT DOCUMENTS RIVERSIDE BAPTIST CHURCH PROPERTY The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-670 A RESOLUTION WAIVING THE REQUIREMENT OF THE CONTRACT DOCUMENTS FGR THE RIVERSItE EAPTIST CHURCH BUILDINGS DEMOLITION - 1976, WHICH REQUIRE THAT A FINANCLA'.. RATING OF AMA; BE POSSESSED DY T:::: INSURANCE CARRIER ISSUING THE PERFORMANCE BOND AND INSURANCE FOR SAID PROJECTS; AM) AUTHORIZING THE ANENDIiL, T C: THE CONT— RACT DOCUMENTS TO REQUIRE THAT THE I: SUP.:,NCE CARRIER ISSUING THE PERFORMANCE BOND AND INSURANCE FOR SAID PROJECT ONLY POSSESS A B+IBB FINANCIAL RATING. (He-e follows body of resuiu_ion, omitted here and on file in the Office of i.h... Cit`, %.leri(. ) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES; Commissioner Manolo Re;:oso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Ferre NUS; None, 51 JUL 8 19/6 SAGA FOOL SERVICE 3U, AWARD BID: FURNISH LUNCHES AT 24 CITY PLAYGROUNDS FOR 8 WEEKS The following resolut on was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76 -6 71 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN CONTR?CTING WITH SAGA FOOD SERVICE I'OR FURNISHING LUNCH iS AT TWENTY-FOUR (24) CITY PLAY- GROUNDS FOR A PE :IUD OF EIGHT (8) WEEKS AT 68 CENTS PER LUNCH AND ISSUING A PURCHASE ORDER FOR SAID LUNCHES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. I1, AWARD BID: -BASKETBALL COURT AT LLIZABETH VIRRICK PARK The following resolut on was introduced by Commissioner Plummer, wlio moved its adoption: RESOLUTION NO. 76-672 A RESOLUTION AWARDING THE BID OF J & J ENTERPRISES IN THE AMOUNT OF $11,700.00, FOR ELIZABETH VIRRICK PARK - BASKETB:-,L!. COURT - 1976; ALLOCATING THE AMOUNT OF $11,700.00 FRI;M THE ACCOU ;T ENTITLED "PUBLIC PARKS & RECREATIONAL F.,CILITIES BONi FUND" TO COVER THE PROPOSED CONTRACT COST; ALLGCA Ii G FROM SAID ACCOUNT THE AMOUNT OF $1 , 2'3 ; . 03 TO COVER, THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $234.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO ':XECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded b Commissioner Gordon, the resolution was passed and adopted by the `ollowing vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor laurice A. Ferre NOES; 52 JUL 8 1976 12. AWARD BID: MOORE PARK IMPROVEMENTS - 1976 The following resolution was i n t rr,doc ed by Commis i ohe r plummet, vhri moved its adoption: RESOLUTION NO. 76-673 A RESOLUTION AWARDING THE BID OF METRO CONTRACTORS CO., INC. IN THE AMOUNT OF $35,766.70, FOR MOORE PARK IMPROVEMENTS - 1976; ALLOCATING THE AMOUNT OF $35,766.70 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND" TO COVER THE PROPOSED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $3,934.30 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $715.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTIS- ING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZ- ING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon. the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) 'Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Ferre 13. AWARD BID: PACKER BLADE ASSEMBLIES NOES: Nora'. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION: NO. 76-674 A RESOLUTION ACCEPTING THE EID OF FLORIDA MUNICIPAL SALES FOR FURNISHING THREE (3) PACKER BLADE ASSEMB- LIES FOR THE DEPARTMENT OF PUBLIC PROPERTIES, 1N THE TOTAL PRICE OF $5,070.00; ALLOCATING $5,070.00 FROM THE 1975-1976 FISCAL 3UDGET; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Ottice of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Rehoso Commissioner 3. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson V:Lce Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None, 53 JUL 8 1976 14, AWARD BID, = 40,000 SQUARE FEET OF PAVING BRICKS The following resolution waM Introduced by CouunJ.b•i1uner Plummet* who moved its adoption: RESOLUTION NO. 76-675 A RESOLUTION ACCEPTING THE BID OF PAVER SYSTEMS, INC. IN THE AMOUNT OF $37,500.00, FOR FURNISHING APPROX- IMATELY 40,000 SQUARE FEET OF 1NTI.RLOCKING PAVING BRICKS FOR THE BAYFRONT PARK AREA; ALLOCATING THE AMOUNT OF $37,500.00 FROM THE FEDERAL GRANT BAYFRONT PARK DEVELOPMENT TITLE 10, GRANT NO. 04-31-02014, TO COVER THE. COST OF THIS PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution w.ts 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. CITY ADMINISTRATION TO REPORT TO CITY COMMISSION ON PLANS 15, AND PERTINENT INFORMATION FOR DESIGN OF ANY NEW PARKS PRIOR TO BEGINNING CONSTRUCTION Mrs. Gordon: I want to know what that's going to put into Wainwright Park Mr. Manager. Specifically what is that bid? Mayor Ferre: 0h, I don't see that you're recommending it. ing this? Mrs. Gordon: Yea, I just want to know what you're going to do with it? Mr. Andrews: There are shelters and other facilities that are being constructed in the park. Mrs. Gordon: You mean a comfort station or just an overhang? Are you recommend - Mr. Andrews: No. no. Mrs. Gordon, did you see the shelter that we built at Allapattah ---- three clustered wooden shelter.. Mrs. Gordon: no comfort station in there... Mr. Andrews: No comfort station in this.... Mrs. Gordon: It's a shelter from the weather. Mr. Andrews: Yes ma'am. Mayor Ferre: Well, let me ask you this question because with all due respects to the architectual ability of whoever the designer was. I've seen some of these shelters that are absolute monstrosities. For example, (and I'm sorry if I offend somebody sensitivity of the design) but that new park that we designed in ... a beautiful piece of property that we own off of 22nd Street and the express- way --- Unidentified Speaker: 22nd Avenue. Mayor Ferre: 22nd Avenue is an abomination. To me,I would have put that in reverse. I would've put the parks -- all that stuff in the hack of the park and I would have landscaped and beautified rather than to put up a wire fence. It looks just like Bronx, like South Bronx to me. There's not a tr.•a there, some little horrible Quonset hut, or hexagonal thing with a funny looking roof. I mean, my God! Mrs. Gordon: Are you talking about that little park on 22nd Avenue? 54 JUL b ly1b Mayor Ferre: Yes L am. Mrs. Gordon: And, there isn't enough 'Lay equipment an I can see - =1 drtiit maybe its hidden underneath the bo-- Mayor Ferre: Was that ever approved by this Commission? Mr. Andrews: You're t tlicing about the cne up on the north end of the city and I think you're talking about Li:e one in the south end Mrs. Gordon, are you? Mrs. Gordon: I'm talking about the one on 22nd Avenue, where the old fire station used to be. Mayor Ferre: No. I'm talking about the expressway. Right off the expressway. Right behind the PBA and right in front of L Miami Shopping ... Mr. Plummer: Let's defer "G" until we can see the actual improvements. Mayor Ferre: Well, but wait a moment. I accept that but the point that I'm trying to make Paul is that 1 think the Administration has to be a little more sensitive to design on things. It isn't just a question of putting up four basket- ball courts and a wire fence around it and some little hexagonal building on the corner. Mr. Andrews: Those precautions have already been taken since that project got underway Mr. Mayor. Mayor Ferre: Would you explain to me how that project ever got underway without the Commission approving it? Mr. Andrews: Well, this was part of the Parks for People Bond Program and the people in that area became involved in this whole plan and process and knew what facilities were being put in . After they were in it would begun to be recognized that as you suggested that they be flopped over. Mayor Ferre: but know if I'm going to go for open-heart surgery I'm not going to let , a gen rl,specialist look at and if you ask me to play the fiddle, J. can Lae e :._ c._ , you know. -(3 t ink that we need to have a high degree of sensitivity in the design. We're going to go out and spend $200,000 for God's sake let's design it in a way that its beautiful. Lees not spend money and end up naving everybody shake their heads about :t. Ok, item "G" is deferred. And, I would like Mr. Andrews, the Administration --- would somebody make a motion that the Administration come back with a rc:port as to exactly how they're going to handle the design of parks such as this in ehe future. Mrs. Gordon: I think we ought to at least see a rendering of whats going to go on and not just a number. Mayor Ferre: Would yoi make that in the form of a motion? Mrs. Gordon: I certai:tly will. I'll move that. Mayor Ferre: is tLere a second? Further discussion on that motion. Ca11 the roll. The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO. 76-676 A MOTION ESTt:i3LISHING THE POLICY OF THE COMMISSION THAT IT BE FURNISHED WITH PLL'YS AND PERTINENT INFORMATION ON THE DESIGN OF ANY NEW PARKS, :EPECILLLY SMALL NEIGHBOR- HOOD PARKS, P:h1_3R TO EdC NNING 2CNSTRUCTION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Manclo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. ViceMayor Rose Gordon Mayor Maurice A. Ferre NOES: None, JUL 8 197& 55 16, AWARD BID: RENTAL OF HEAVY EQUIPMENT BAYFRONT PARK CONSTRUCTION WORK The following rpHutut ton warm Int roilere•'.d by Commissioner Plummer, who trruve'd girt ndoiet ion: RESOLUTION NO. 76-677 A RESOLUTION ACCEPTING BIDS FROM THE FOLLOWING COMPANIES FOR THE RENTAL OF HEAVY EQUIPMENT, AS NEEDED, FOR CON- STRUCTION WORK IN BAYFRONT PARK BID OF FLOYD LANDSCAPING COMPANY FOR RENTAL OF A HYDRAULIC BACKHOE-FRONT END LOAD- ER AT A COST NOT TO EXCEED $2,000; BID OF RUSSELL INC. FOR RENTAL OF A 50-TON AND 90-TON MOBILE CRANTE AT A COST NOT TO EXCEED $22,000; WITH FUNDS ALLOCATED FROM BAYFRONT PARK FEDERAL GRANT NO. 04-31-0214. (Isere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Rehoso, they resolution wns passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gipson Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 17, ACCEPT RESIGNATION OF H. D. SOUTHERN AS CITY CLERK EXPRESSING APPRECIATION FOR JOB WELL DONE Mr. Plummer: Mr. Mayor, I would like at this time to make it a two -fold motion but it will be separate. First, I think this Commission should go on record accepting the resignation or retirement of Hoot Southern and the fine job that he has done and the many improvements that we have seen since he has been in charge of that office. This Commission wishes him well in his retirement,that we are thankful for the job that he has been able to accomplish during his brief tenure of the running of the office. That's number one. Mayor Ferre: All right, there's a motion by Plummer. Is there a second? Seconded by Gibson. Further discussion. Call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-678 A MOTION ACCEPTING RESIGNATION, EFFECTIVE AUGUST 1, 1976, OF H. D. SOUTHERN AS CITY CLERK OF THE CITY OF MIAMI; EXPRESSING APPRECIATION FOR A JOB WELL DONE, AND WISHING HIM WELL IN HIS RETIREMENT. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. ViceMayor Rose Gordon Mayor Maurice A. Ferre NOES: None, JUL 8 19•16 56 18, MOTION APPOINTING RALPH G. ONGIE AS CITY CLERK OF THE CITY OF MIAMI mv: • Mr. Plummer: Secondly, I would like to proffer the name of Mr. Ralph Ongie, the number two man to become the Clerk of the ...Commission Clerk. Mrs. Gordon: Second that motion. Mayor Ferre: There's a second by Rose Gordon of a motion made by Plummer. there further discussion oil the item? Call the roll please. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-679 A MOTION APPOINTING RALPH G. ONGIE AS CITY CLERK OF THE CITY OF MIAKI, FLORIDA. 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. Mayor Ferre: I vote ;yes and I congratulate you Ralph and wish you the best. 19, REQUEST CITY MANAGER TO STUDY AND REPORT FEASIBILITY OF RE-ESTABLISHING HORSE MOUNTED PATROLS IN BAYFRONT AND B I CENTFNN T AI PARKC Mayor Ferre: We're going to open up Bicentennial Park, hopefully by the end of the year. I think, Rose, I think its really an important thing to do to get the horses back in those parks. (the horse;; , The horse patrol. Lieutenant, I think you're interested in crse patrol. I thine its important that -- just if nothing else from tourist attraction point-cf-'let,; to get a horse patrol in Bayfront Par. and one in Bicentennial Park and I would like to move that the Administration give this serious conEideration and cone back with a report as to how its going to be implemented and how its going to be covered in the budget and if you feel strongly about it, against it then we'll review that again as we have in the past. Mr. Plummer: You want that in a motion? Mayor Ferre: Yea. Mr. Plummer: I'll move it. Mayor Ferre: Plummer moves. Gibson seconds. Further discussion on the motion. Call the roil. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 75-680 A :i0TION REQUESTING THE CITY r:ANAGER TO INVESTIGATE AND REPORT TO THE C0XM SS1C ; ON FEASIBILITY OF RE-ESTAB- LISIiING A HORSE MOUNTED PATROL IN BAYFRONT PARK AND ONE IN BICENTENN:AL PA}K. Upon being secondad by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso A Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. ViceMayor Ro:;e Gordon Mayor Mauric A. Ferre NOES: None. a EIS mm ER um za OF JUL g 1976 57 PERSONAL APPEARANCE: 2U, REPRESENTATIVES OF AWARD BID TO BROCK ELECTRIC INC. MCGRAW EDISON DOWNTOWN FLAGLER STREET LIGHTING Mr. Vince Grimm: Mr. Mayor, may 1 make a auggest tun so we minimize thc• CommiHgiun'b time out there. That we have three demonstrations. One, change the 11;ht bulb. Two, change of ballast, and three change of socket, each one of them do 1t. Mayor Ferre: AIL right. Rep. Mc Graw-Edison: Thank you. I happened to have said to you meeting of Thursday, July the 1st in which I was very impressed with this Commission and I appreciate the opportunity to come back ani presented my case to you. I wondered what the value of a large corporation was to the community and I have today decided what that value is. The value of the Mc Craw Edison Company. It's a very large corporation. it's to this gentlemen sitting here my Associate locally of tremendous benefit.. He could have not afforded to spend the money that was required to get this hearing and whether we win or lose I certainly appreciate the opportunity to have been heard. I would like to sum with three points: How much value can you attach to locally assessable, pre -priced product? How much value can you attach to a fixture that will remain the lighting fixture you bought for. 20-years? How much value can you attach to the fixture remaining in its mounting condition iu place, guaranteed against 120 mile an hour hurricane winds, which you know you're expecting to get another one one of these days? And, with that , that's all I can ask that you consider. Mayor Ferre: Now, wait a minute let me see if I understand this right. You're saying that ---- what is the hurricane wind load that this other lamp can take? Mr. Grimm: Excuse me Mr. Mayor, the hurricane wind loading specified was 150 miles per hour. Mayor Ferre: On both of them? Mr. Grimm: Yes sir. That both meet that specification. Mayor Ferre: Yours is more than 120's, is that what you're saying? Yours is what? Rep. Mc Graw-Edison: Mine's on its conditions of the pole mounting and etc. would be in excess of the 150 he mentioned. Mayor Ferre: Ok, but the fact is that our specifications said 120. A.11 right. Now, secondly, does your have a 20-year guarantee? Rep. Mc Graw-Edison: What I said, the reflector system inside is an 'alzac' aluminium process and we guarantee that this will be giving the same light out. Mayor Ferre: Is that guaranteed? Is there a guarantee for 20-years on it? Mr. Grimm: No. Mayor Ferre: Is there a warranty guarantee on this thing, yes or no for 20-years? Rep. Mc Graw-Edison: Is this specific written down warranty guarantee by product no. Mayor Ferre: Ok. Well then as far as I'm concerned my position remains the same. After I saw that demonstration I recognized that --- I'll tell you frankly I like this smaller unit as far as looks much better than that big monster. But I'm not an expert in this thing and --- I certainly have the faith that the Administration is doing and recommending what's best for the city. I've got some questions about it. If you only open those things once every four years... what a minute I'm just telling you. I got some questions, I'm voting with you. I've already said I'm with the Administration, but you can't brainwash my mind not to have any questions. I've got questions and I'm telling you on the record what they are. (1). That you only open up that box once every four years. (2). I think the esthetics of the smaller one is better than the big one. (3). I think the fact that this in n, on the shelf item that you can get by picking up the phone is important. (4). The fact that its $200.00 less per unit is a major factor. Now, even though, 1 have those four important reservations I'm going to vote with the Administration be- cause I figured that they've thought this out better than I have in a five minute presentation. I do it with reservations that's all. Mr. Plummer: I'm hoping Item 5 is recommended by the Manager? 58 JUL 8 3976 I • • • Mayor Ferre: Is there a second? There's second. Further discussion on the item. Ca11 the roll. The following resolur Lnn was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 76-681 A RESOLUTION ACCEPTING THE BID OF BROCK ELECTRIC, INC. IN THE AMOUNT OF $180,640.89 FOR DOWNTOWN FLAGLER STREET - STREET LIGHTING - 1976,.PREDICATED UPON THE RECEIPT OF FUNDS FROM METRO DADE COUNTY COMMUNITY DEVELOPMENT TO COVER THE ENTIRE COST OF THE BID; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM, SUBJECT TO FUNDS BEING MADE AVAILABLE FROM METRO DADE COUNTY COMMUNITY DEVELOPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, and Mayor Ferre NOES: None. ABSENT: Mr. Reboso. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at: 2:00 O'Clock P. M. ATTEST: H. D. SOUTHERN City Clerk RALPH G. ONGIE Assistant City Clerk MAURICE A. FERRE Mayor 59 JUL 19 / 6. cltv OF AMAMI CU M E T iMCDROi aATF IS' 96 ITEM NO, 1 5 10 11 DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A CONTRACT WITH MALLORY IIORTON RETAINING HIS LEGAL SERVICES AS AN ADVISOR AND CONSULTANT IN CONNECTION WITH THE SOUTHERN BELL TELEPHION[ COMPANY FRANCHISE NEGOTIATIONS. ACCEPTING THE BID OF C.A. DAVIS, INC. IN THE AMOUNT OF $537.50 FOR FLAGLER STREET HIGH- WAY IMPROVEMENT II-4 372 AND FLAGLER STREET HIGHWAY IMPROVEMENT EXTENSION H-4391 WAIVING THE REQUIREMENT OF THE CONTRACT DOCU- MENTS FOR THE RIVERSIDE BAPTIST CHURCH BUILD- INGS DEMOLITION-1976. CONFIRMING THE ACTION TAKEN BY THE CITY MANA- GER IN CONTRACTING WITH SAGA FOOD SERVICE FOR FURNISHING LUNCHES AT TWENTY-FOUR (24) CITY PLAYGROUNDS AWARDING THE BID OF J&J ENTERPRISES IN THE AMOUNT OF $11,700.00, FOR ELIZABETH VIRRICK PARK -BASKETBALL COURT-1976 AWARDING T[IE BID OF METRO CONTRACTORS CO., IN THE AMOUNT OF $35,766.70, FOR MOORE PARK IMPROVEMENTS-1976 ACCEPTING THE BID OF FLORIDA MUNICIPAL SALES FOR FURNISHING THREE (3) PACKER BLADE ASSE"1- BLIES FOR THE DEPARTMENT OF PUBLIC PROPERTIES IN THE TOTAL PRICE OF $5,070.00 ACCEPTING THE BID OF PAVER SYSTEMS, INC. IN THE AMOUNT OF $37,500.00, FOR FURNISHING APPROXIMATELY 40,000 SQUARE FEET OF INTER- LOCKING PAVING BRICKS FOR THE BAYFRONT PARK AREA. ACCEPTING BIDS FROM THE FOLLOWING COMPANIES FOR TIIE RENTAL OF HEAVY EQUIPMENT, AS NEEDED FOR CONSTRUCTION WORK IN BAYFRONT PARK ACCEPTING' THE BID OF BROCK ELECTRIC, INC. IN TIIE AMOUNT OF $180,640,89 FOR DOWNTOWN FLAGLER STREET -STREET LIGHTING-1976 MEETING DATE: COMMISSION ACTION R-76-667 R-76-668 R-76-670 R-76-671 R-76-672 R-76-673 R-76-674 R-76-675 R76-677 R-76-681 RETR I EVA L CODE NO. 0021 76-667 76-668 76-670 76-671 76-672 76-673 76-674 76-675 76-677 76-681