HomeMy WebLinkAboutCC 1976-07-22 MinutesCITY OF MIAMI
COMMISSIQN
MINUTES
OF MEETING HELD ON
July 22, 1976
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H. D. SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
•
Its(
CIIYi(SJNidISSIAF MiAMi, aim
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SUBJECT
Mt
ORDINANCE OR
RESOLUTION No,
PAGE NO,
PROCOAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION,
SPECIAL ITEMS.
MOTION OF INTENT TO WAIVE RENTAL FEES OF BAYFRONT PARK
AUDITORIUM CITIZENSHIP NATURALIZATION CEREMONIES.
OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK —FASHION
HIGHWAY IMPROVEMENT DISTRICT H-4381, BID "A".
OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK —LIBERTY
SANITARY SEWER IMPROVEMENT PHASE II, SR-5377 C & S.
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH THE
ORANGE BOWL COMMITTEE FOR "ANNUAL ORANGE BOWL CLASSIC".
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH THE
ORANGE BOWL COMMITTEE "ANNUAL ORANGE BOWL PARADE".
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH
ORANGE BOWL COMMITTEE FOR OFFICE SPACE AT ORANGE BOWL
STADIUM.
CITY MANGER'S REPORT ON TENTATIVE AGREEMENT WITH THE
UNIVERSITY OF MIAMI FOR USE OF THE ORANGE BOWL STADIUM.
AMEND SECTION 57-135.1 OF THE CODE, CITY CHAUFFEUR
REGISTRATION LICENSE CONVICTED OF D.W.I., ETC.
AMEND 6871—BASE BUILDING LINES, REDUCING THE ZONED
STREET WIDTH OF CERTAIN STREETS IN COCONUT GROVE.
AMEND 8476, DELETING $69,670 SOCIAL SERVICE PROGRAMS,
MARTIN LUTHER KING DEVELOPMENT AND TOWN PARK COOPERATI
DAY CARE, SUBSTITUTE AGENCY KNOWN AS: CHRISTIAN COMMUN—
ITY SERVICE AGENCY.
M 76-682
R 76-683
R 76-684
R 76-685
R 76-686
R 76-687
DISCUSSION
8563
8564
8565
ATTEND CHAPTER 2 OF CODE, CITY EMPLOYEES '.._i*.::.cNT PLAN
PROVIDING FOR PAYBACK OF CREDITABLE SERVICE FOR LABORS'•,
WATCHMEN, CUSTODIAL WORKERS FOR PERIOD; APRIL 1, 1955— DEFERRED UNTIL
SEPTEMBER 30, 1962. LATER IN MEETIN
AMEND CODE SECTION 13-6, SUBSECTION 3 — MAYOR MAY RE—
LINQUISH CHAIRMANSHIP OF THE DOWNTOWN DEVELOPMENT
AUTHORITY.
APPOINT DANIEL K. GILL TO A 4—YEAR TERM AS MEMBER OF
BOARD OF DOWNTOWN DEVELOPMENT AUTHORITY.
ACCEPT COMPLETED WORK PERFORMED BY PRESCRIPTION ATHLETI
TURF, INC. — ORANGE BOWL STADIUM — PHASE I.
ACCEPT COMPLT.TED WORK —UNDER EXPRESSWAY PARKING —POLICE
LOTS, BID IT1MS A, C AND ADDITIVE ITEM #1, B, D, AND
ADDITIVE ITEM #2.
ACCEPT COMPLETED WORK—S.W. 8TH STREET CHANNELIZATION
(BEAUTIFICATION) WORK.
ACCEPT COMPLETED WORK — WYNDWOOD SANITARY SEWER MODIFI—
CATIONS, SR-5418, D.M.P. CORPORATION.
ACCEPT COMPLETED WORK — C.A. DAVIS, INC., PARKS HARD
SURFACE COURTS-1974.
8566
R 76-688
R 76-689
R 76-690
R 76-691
R 76-692
R 76-693
R 76-694
1-2
3-4
6
8
8
9
9
10
11
11
I TEM N0,
INDEX
CITYINUTES OF_REGULAR MILK A
CO�iiiSSI i OF MIAMI,
SUS.IECT
20. ACCEPT DEED OF DEDICATION -SITE 321B NDP 3 CENTAL MIAMI
FLA. A-1 FOR EXPANSION OF DIXIE PARK FROM DADE COUNTY. R 76-695 12
ORRD 1 NANCE 09
RESOLUTION NO, PAGE NO,
21. AMEND ORDINANCE 8507, REDUCING PREVIOUS APPROPRIAT:_ONS
MADE TO CERTAIN PROGRAMS AND INCREASING OR REPROGRAMM-
ING THESE FUNDS TO PROGRAMS AS NOTED. 8567
22. CUSTODIAL SERVICE -SECURITY PORTFOLIO PUT OUT FOR RE -BID M 76-696
23. WAIVE RENTAL FEES FOR USE OF THE MIAMI MARINE STADIUM
FOR "SEA CIRCUS" MARINE COUNCIL AFLOAT SAFETY SHOW R 76-697
24. MC NULTY REPORT ON CONTRUCTION OF STADIUM. DISCUSSION
25. WAIVE RENTAL FEES FOR USE OF THE MIAMI STADIUM FOR
MIAMI-DADE C0.'dMUNIT'' COLLEGE BASEBALL PRACTICE SESSIONS R 76-698
26. RECEIVE SEALED BIDS - S.W. 22ND STREET HIGHWAY IMPROVE-
MENT H-4395 R 76-699
27. PRESENTATION OF BICENTENNIAL CERTIFICATES TO COMPOSERS.
28. REQUEST FOR VACATING, ABANDONING, DISCONTINUING PUBLIC
USE OF N.W. 33 AVENUE N. ROW LINE OF N.W. 13 TR. N. TO
COMFORT CANAL.
29. REQUEST GRANTED FOR USE OF PORTION OF STRUCTURE, TRACTS
A & B, DELAWARE PARK SECTION 1, 2929 N.W. 17TH STREET
FOR "EXCEPTIONAL CHILDRENS SCHOOL & NURSERY".
30. PERSONAL APPEARANCE OF SELMA ALEX.NDER, CITY MANAGER
TO DEVELOP PLANS FOR INFORMING PUBLIC ON STATUS OF
COMPREHENSIVE MASTER PLAN.
30(A) AMEND CHAPTER 2 OF CODE, AMEND CITY EMPLOYEES RETIRE-
MENT PLAN -PROVIDING FOR PAYBACK OF CREDITABLE SERVICE,
LABORERS, WATCHMEN & CUSTODIAL WOnr.Err.: _ : -RIOD APRI
1, 1955-SEPTEM.BER 30, 1962.
31. AUTHORIZE CITY ':A::AGER TO STUDY POSSIBLE INCREASE IN
FEES FOR BUS BENCHES AND MEET WITH M.T.A. ON POSSIBLE
PHASE OUT.
32. SUBMIT FEDERAL GRANT APPLICATION -VIDEO STAFFING AND
RELATED EQUIPMENT.
33. SUBMIT FEDERAL GRANT APPLICATION -JUVENILE OFFENDER
DIVISIONARY PROJECT.
34. SUBMIT FEDERAL GRANT APPLICATION "POLICE HEIGHBORHOOD
SPECIALIST".
35. CONFIRM ACTION OF THE CITY MANAGER, EMERGENCY PUi<CHASE
ORDER - STORM SEWER WORK IN CONNECTION WITH D.O.T. -
"OMNI PROJECT".
36. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH THE
MANPOWER PLANNING CONSORTIUM OF DADE AND MONROE COUNTI : . R 76-707
DEFERRED
R 76-700
M 76-701
8566
M 76-702
R 76-703
R 76-704
R 76-705
R 76-706
37. QUIT CLAIM DEED - MANUEL & DIRIAN D. SANCHEZ.
38. DIRECT CITY CLERK: TO PUBLISH NOTICE OF PUBLIC HEARING
FOR OBJECTIONS TO COMPLETED WORK OF N.E. 59 STREET
HIGHWAY IMPROVEMENT ENT H-4392.
R 76-708
K 76-709
12-13
13-14
15
15
16
16
34-35
35
36
36
Ifc
frJNJ!ES OF REGULAR � NU
CITY (c hISST J OF MIAMI, FLORIDA
ITEM NO,
SUBJECT
ORDINANCE 09
RESOLUTION No, PAGE NO,
-a**C + rSmaerx^SWr...msms+s+iu.c,rRai--sw... r..zana®s,raeeaer•ar- n.rn •••Mew.: -..its_{ -re• •-r•..-swr••••-r,
39. 1WAIVE REQUIREMENT OF CONTRACT DOCUMENTS REQUIRING FIN-
ANCIAL RATING 011A+AAA FOR N.E. 83RD STREET PAVING
PROJECT.
40. J WAIVE REQUIRE:MaENT OF CONTRACT DOCUMENTS REQUIRING FIN-
ANCIAL RATING OF A+AAP. FOR CONVENTION CENTER BUILDINGS
DEMOLITION-1976.
41.
42.
43.
44.
45.
46.
47.
48.
• 49.
50.
•
•
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
BID AWARD - CONVENTION CENTER EUILDING DEMOLITION.
BID AWARD - N.E. 83RD STREET PAVING PROJECT B-4397.
BID AWARD - DRAINAGE PROJECT A-6.
BID AWARD - DEVELOPMENT OF 46 WEST FLAGLER MINI -PARK.
BID AWARD - VELODROME.
BID AWARD - WAINWRIGHT PARK DEVELOPMENT - 1975.
BID AWARD - 2 DODGE DARTS FOR DEPT. OF PUBLIC PROPERTIE
BID AWARD - 1-TON CAE A E ci:AE.:E WITH STAKE BODY.
EID AW?PD - MOBILE RESPIRATOR AIR TRUCK.
BID AWARD - VEHICLE PARTS & ACCESSORIES.
BID At A:.D - 5 "I.EED EATERS".
BID AWARD - FIRE HOSE.
BID AWARD - 100 ASBESTOS PLANTERS.
BID AWARD - 200,000 GALLONS OF EMULSIFIED ASPHALT.
BID AWARD - UNIFORMS CITY WIDE.
BID AWARD - MICROFI:_'•' F ;;. 1RME :T AND SUPPLIES.
BID AWARD - IRRIGATION SUF?LIES FOR FERN ISLE PARK.
AUTHORIZE CITY MANAGER TO PROCEED WITH DESIGN AND IMMED
IATE DELIVERY OF LIGHT AND ELECTRICAL TRUCK FOR THE
FIRE DEPARTMENT.
CITY MANAGER PENSION EMOLUMENTS.
CITY MANAGER PROPOSAL FOR NEW FORMULA FOR COST OF
LIVING ADJUSTMENTS.
C0MM ;ITY DEVELOPMENT T FUNDING FOR HOUSING.
AL!i)C ATE $50, 000 FP0M CAPITAL IM? OVEMENT FUND FOR
PROPOSED IMi ROLE!J.i::IS TO TEE OLY!% IA BUILDING.
EXPRESS DESIRE TO k-7SIST THE LATIN AMERICAN BANKERS TO
SPONSOR LUNCHED:: FOR DELEGATES.
AUTBORIZzi CITY MANAGER TO ENTEP. INTO AN AGREEMENT WITH
PEAT, MARWICK, MITCHELL & COMPANY FOR ANNUAL AUDIT.
AUTHORIZE CITY M..NA R TO ENTER INTO CONTRACT WITH
DR. ERNEST R. BA TL1Y FOR PROFESSIONAL CONSULTING
SERVICES.
R 76-710
37
R 76-711 37
R 76-712 38
R 76-713 38
R 76-714 39
R 76-715 39
R 76-716 40-41
R 76-717 41
R 76-718 42
R 76-719 42
R 76-720 43
R 76-721 43
R 76-722 44
R 76-723 44
R 76-724 45
R 76-725 45
R 76-726 46
R 76-7.17 46
R 76-728 47
M 76-729 48
FIRST READING 48-52
DISCUSSION 53-54
M 76-730 55-56
R 76-731 57
R 76-732 57
R 76-733 5E
R 76-734
58
122
MINUTES OF REGULAR MEETING
CITY CCI.,;ISSION U MIAMI, FLORIDA
ueurzewilu .F emincs.s-_a���r x'�n�x au+e.*.nr:.as wacrcct rameasc
. •c L = u° '" ORDINANCE OR
ITEM NV, S'ULJECT RESOLUTION NO, PAGE NO,
7'Nn1.. 1'.T. .VA. P`.0,`I -Tr '.. ,...":C.lei.•_,•••:l+Et"C..Kt'LZ�:'1?•TTA+S",.w P+F:::."r,.' i" if l!•`f:r.writ. 6 1YL 7^nv✓:.GinL, 1:t47116AW::451'1Y.'JCLYi
NCIWIlkiiini
66. GRANT 1—YEAR EXTENSION OF VARIANCE ON LOTS 12, 13, 25,
26, BLOCK 14 "OVERBROOK PARK".
67. GRMT 1—YEAR EXTENSIO.: OF CONDITIONAL USE — LOTs 11
AND 24, BLOCK 14, "OVERBROOK PARK".
68. DEB 1GNATE COMM..ISSIONER J. L. PLUM ER AS CITY REPRES—
ENTATIVE TO ATTEND ANN';;AL CONFERENCE OF LEAGUE OF
CTTT.ES IN DENVER, COLORADO.
69. ACCEPTING 1ROM THE GOVERNMENT OF CHILE A BRONXE STATUE
OF BRNARDO O'HIGGINS TO BE PLACED IN BAYFRONT PARK.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
64.
85.
86.
AUTHORIZE CITY MAMA vEF. TO ENTER INTO CONTRACT WITH
NORA SWAM FOR CONSULTANT SERVICES —CITY OF MIAMI BI—
CENTENNIAL CELEBRATIONS.
APPROVE ALLOCATTO:: OF r v,:DS —U . S . DEPARTMENT OF HODS ING
& URBAN DEVELOPMENT FUNDING OF SOCIAL SERVICE PROGRAMS
DISTRIBUTED BY CITY COMYJNITY DEVELOPMENT OFFICE.
DENY APPPLICATION FOR CONDITIONAL USE — BURGER KING
RESTAURANT , 3275 GRAND A'vZNUE.
DENY APPLICATION FOR VARIANCE — PROPOSED BURGER KING
RESTAURANT AT 3275 GRAD AVENUE.
WAIVE RENTAL FEES FOR USE OF DIXIE PARK BY CULTURAL
ADVISORY COUNCIL OF OVERTOWN.
APPOINT COMMISSIONER MA DLO REBOSO TO GOLDEN GLOVES
BOXING STEERING COMMITTEE.
CONFIRMING RESOLUTION APPOINvTING RALPH G. ONGIE, CITY
CLERK AND ESTABLISHING SALARY.
CLAIM SETTLEMENT — FRANCISCO DUARTE.
CLAIM SETrTLE:MEN: — ILO' 7 E WILSON.
CLAIM SETTLEMENT — T.V. SCOTT AND ALLSTAR INS., GISELE
FASHIK VS. CITY OF I•MIA I.
AUTHOP.IZE CITY MANAGER TO COMMENCE NEGOTIATIONS FOR
LEASE AND REDEVELOPMENT OF PROPERTY KNOWN AS COCONUT
GROVE MARINA.
AUTHORIZE CITY MA:ZAGER TO COMMENCE NEGOTIATIONS FOR
AC2UISITION, LEASE AND REDEVELOPMENT KN OWN AS MUMFORD
PROPERTY FOR PARK AND RECREATIONAL PURPOSES.
EXECUTE RELEASE AND DEITY OF TITLE — THOMAS A. AND
+.ARGA I: o—i,D PROPERTY LOCATED AT LOT 5, BLOCK 1,
COCONUT GROVE MF.NOR.
F. NEWAL OF LOAN TO PAY COSTS OF OFF—STREET PARKING
FACILITIES W1T'riIN CORi'OR'.E LIMITS OF THE CITY.
AUTHORIZE CITY ".'':: L r _ ':_ _T t E CONTRA.' WITH
i:A.''.ASAKI JET SKI FOR RENTAL CONCESSION ON A TRIAL BAST'. M 76-752
R 76-735
R 76-736
M 76-727 60
R 76-738 60-61
59
59
R 76-739 62
R 76-740 62
R 76-741 63
R 76-742 63
R 76-743 64
R 76-744 64
R 76-745 6'
R 76-746 65
R 76-747 65
R 76-748 66
R 76-749
R 76-750
R 76-751
EMERGENCY
8569
PUBLIC WORKS BILL ()RESIDENTIAL VETO).
WORLD TRADE FAIR.
DISCUSSION
DISCUSSION
66
67
67
68
69
69
69
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
.,�•E�'�P'i!?L/k ae�:w��•'S��`�II'7C•1.F41��.�.r.Rca.f4..F' �
ITEM NO,I SUBJECT
87. PERSONAL APPEARANCE OF ED COX, DIRECTOR OF PI'PLIC PROP
ERTIES - PRESENTATION TO COMMISSION OF TRADE APP .NTIC
SHIP PROGRAM, CITY OF MIASI WORK FORCE.
88. BID AWARD - S.W. 22ND STREET HIGHWAY IMPROVEMENT PHASE
II, H-4395.
89. PRESENTATION TO H. D. SOUTHERN, CITY CLERK ON HIS
RETIREMENT.
M 76-753
R 76-754
PAGE NO.
70-72
73
74
90. MIAMI DOLPHINS USE OF THE ORANGE BOWL STADIUM, ETC. M 76-756 {74-83
91. PERSONAL APPEARANCE OF ATTORNEY SIDNEY ARONOVITZ
REGARDING CHAPTER CLUB REQUEST FOR FEASIBILITY STUDY
FOR POSSIBLE MODIFICATION TO COMPREHENSIVE ZONING
ORDINANCE.
92. PERSONAL APPEARANCE OF PABLO RAMIREZ WITH REFERENCE TO
PAR}:ING VAN IN FRONT OF HOME.
93. REIMBURSE BOBBY DYKES & ALVIN GOODMAN FOR TRAVEL, FOOD
& LODGING EXPENSES INC F.RED IN ATTENDING WORLD BOXING
ASSOCIATION CONVENTION.
• 94. PROPOSED CHARTER A''.ENDYINT - SALARIES OF MAYOR AND
COMMISSIONERS
95. PROVIDE FOR HOLDING OF SPECIAL BOND ELECTION -
$10,000,000 FIRE EQUIPMENT BONDS.
96. PROVIDE FOR HOLDING OF SPECIAL BOND ELECTION -
$10,000,000 STREET LIGHTING BONDS.
97. PROVIDE FOR HOLDING OF SPECIAL BOND ELECTION -
$25,000,000 SANITARY SEWER BONDS.
98. MOTION OF IN^"ENT TO EMPLOY MR. ALAN .1. _ : EIS, U.S.
FOREIGN SERVICE.
99. GENERAL ORDINANCE CALLING BOND ISSUE ELECTION SEPTEMEE
28, 1976; DISCUSSION OF BROCHURES TO EXPLAIN BOND
ISSUE.
100. ACCEPT STATUE OF BERNARDO O'HIGGINS FROM GOVERNMENT
OF CHILE.
101. DISCUSSION OF R:SPONSIBILITY DURING CEREMONIAL EVENTS
SUCH AS STATUE DEDICATIONS, ETC.
102. DISCUSSION OF POSSIBLE ACQUISITION OF TRIANGULAR PIECE
OF PROPERTY ADJACENT TO PARK ON BRICKELL AVENUE:
MAYOR'S TREE PLANTING PROGRAM.
103. P.W. ANDREWS, CITY MANAGER RETIRED: 1) DECLARE
A :AESADOR OF GOOD WILL 2.) LIFETIME PARKING LECAL AT R 76-761
CITY -OWNED FACILITIES, 3) REFER SUITABLE MEMORIAL TO M. 76-762
MEMORIAL COMMI•I"1`EE. !•: 76-763
M 76-757
M 76-758
R 76-759
8570
EMERGENCY
8571
8572
8573
M 76-760
8574
R 76-738
DISCUSSION
DISCUSSION
104/A). PUBLIC HEARING: CHAPTER 50 OF THE CODE, "SHIPPING
VESSELS AND DOCKS", ENACTING A NEW CHAPTER PROVIDING
RULES AND REGULATIONS FOR USE OF CITY MARINAS.
83-85
86-87
87
88
88-89
89
90
90-91
91-92
92
92-93
93-95
95-98
DISCUSSION J 93-107
unareorMegsaailm
304(b).
104(c).
104(d).
105.
106.
11EM NO, SUBJECT
MOTION OF INTENT TO CLOSE WATSON ISLAND DOC".S JANUARY
1, 1977 AND ALL TENANTS REMAINING TO BE ON A MONTH TO
MONTH BASIS WITH 60 DAY TERMINATION NOTICE.
CONTINUED DISCUO�II��CEPUBLIC
2ndHEARING
READING, NRA�TDELEOTED
AND PASSAGE OF
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
•:�atiar_�emsrsn
RATE HEARING PORTION OF CHAPTER 50 PUBLIC H ARING;ULA. M 76-766
ACCEPT MANAGERS RECOMMENDATION FOR 7 TO 9.3
INCREASE RATES FOR USE OF MIAMARINA 10% ACROSS THE
BOARD.
MIAMI DOLPHINS - 2 EXHIBITION GAMES IN THE ORANGE BOW
WITHOUT FEE AT ��IO��yVAGBUT
REEDPERCENTAGE
FOR LONOGF'I'ERI'4MUSE.
TO BE THE SAME
107. DECLARE H. D. SOUTHERN DAY IN MIAMI IN HONOR OF
RETIRING CITY CLERK.
M 76-764
M 76-765
8575
ADJOURNMENT
***********
***********
M 76-767
R 76-768
PAGE NO,
108-109
109-118
118-157
157
158
158
159
1
MINUTES Oh REGULAR MEETI►dG OF THE
CITY COMMISSION OF MIANI, FLORIDA
ON THE 22ND DAY OF JULY, 1976, THE CITY COMMISSION OF
AR i'IIAMI,�ELORIDA MET AT ITS REGULMEETLNG PLACE IN THE CITY
HALL, 50 PAN AMERICAN DRIVE, IIAMI, LORIDA IN REGULAR
SESSION.
THE METING WAS CALLED TO ORDER AT 9:15 O'CLOCK A.M. BY
VICE MAYOR 'OSE GORDON WITH THE FOLLOWING MEMBERS OF THE
OMMISSION FOUND TO BE PRESENT:
COMMISSIONE9 ►NANO O REBOSO
COMMISSIONEg J. L. �LUMMER, RJR.
COMMISSIONER (REV.) THEODORE GIBSON
VICEMAYOR ROSE GORDON
MAYOR MAURICE A. FERRE (ABSENT)
ALSO PRESEN I :
PA W. ANDREWS, CITY MANAGER
A. P. CROUCH, ASSISTANT CITY MANAGER
JOHN S, LLOYD, CITY ATTORNEY
H, D, SOUTHERN, CITY CLERK
RALPH G, ONGIE, ASSISTANT CITY CLERK
AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN
LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG,
A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRO—
DUCED AND SECONDED AND WAS PASSED UNANIMOUSLY,
1, PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION, SPECIAL ITEMS
Mrs. Gordon: I would like to say that Mayor Ferre will be here shortly, but he
is detained. So we will conduct in his absence.
a. Presentation of Commendation to Messrs. George Navarini, Victor Maya
and Jose Vega for their outstand;nz '("holastic achievement.
b. Presentation of Bicentennial Certificates of Appreciation to:
1) Daniel Engel - Composer of the song "We are America"
2) Abraham Thomas - Composer of the song "This is our land"
Note: Wait for Mayor
c. Presentation by Bonny Black, Third Century, of Bicentennial Plaques to:
1) Mayor Maurice Ferre
2) Al Howard
3) Paul Turcotte
4) Chester Supinsky
5) Jack Eads
Ms. Bonny Black: Good Morning Vice Mayor and Commissioners. For the past two
years on behalf of Third Century I've come before you and usually have asked for
your help. This morning I'm very happy to be here to thank you for your help.
With me today is Libby Morley, a volunteer who helped us with the Inter -Faith
Advisory Committee would like to make a presentation.
Ms. Morley: When the Inter -Faith Advisory Committee was planning "One Nation
Under God", which is a service that celebrated our religious freedom on the
4th of July we naturally chose the City of Miami new Bicentennial Park and for
a few months before that members of the committee would drive by and cry ar.d
JUL 221976
and worry Hnd we would talk to Benny end we would say its just n pi1t of sand
and Bonny would say, it- no problem we've got everything taken care of and of
course we didn't really believe her. But she was right. And, the main reason
she was right because she was working with the wonderful people at the City of
Miami Parks and Recreation Department and by golly it happened. I would like
to present this plaque on behalf of the Inter -Faith Advisory Committee, the
Parks & Recreation Aep'rtment in recognition of their help on the park and
Showmobile and moral support in making this program a national success.
(applause)
MOTION OF INTENT
2, WAIVE RENTAL FEES CITIZENSHIP NATURALIZAIION CEREMONIES
BAYFRONT PARK AUDITORIUM
Mr. Reboso: Mrs. Vice Mayor from the Immigration Office called me
that Judge Atkins is going to be available on August 18th, Wednesday, September 8th
is another Wednesday and September 21st, Tuesday for swear -in ceremonies and
they are asking if we can give them as always we do the Bayfront Auditorium
with a waive for the rental fee.
Mrs. Gordon: Would you move that please? All right, its been moved by Commissioner
Reboso. Seconded by Commissioner Gibson. Call the roll please.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 76-682
A MOTION OF INTENT TO WAIVE RENTAL FEE FOR BAYFRONT
PARK AUDITORIUM ON AUGUST 18TH, SEPTEMBER 8TH AND
21ST, 1976 FOR CITIZ?:NSHIP NATURALIZATION CEREMONIES.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon
NOES: None.
ABSENT: Mayor Ferre.
OBJECTIONS TO
31 ACCEPTANCE OF FASHION HIGHWAY IMPROVEMENT DIST, H-4381
COMPLETED WORK BID 11
Mrs. Gordon: Ladies and gentlemen,tLe item now before us is the objections to
accepting the completed construction and Highway Improvement Dist. H-4381, Bid
"A" Highways,etc. Anybody here to speak to this item?
11
Mr. Plummer: I'll move it in lieu of no objectors and the City Manager recommends.
Mrs. Gordon: Ok. In lieu of no objectors, City Manager recommends. The motion
is by Mr. Plummer. Seconded by Commissioner Gibson. Will you call the roll
please?
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-683
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION
OF THE BREWER COMPANY OF FLORIDA, INC. FOR THE
CONSTRUCTION OF FASHION HIGHWAY IMPROVEMENT H-4381
BID "A" (HIGHWAYS) IN FASHION HIGHWAY IMPROVEMENT
DISTRICT H-4381 BID "A" (HIGHWAYS) AT A TOTAL COST
OF $309,269.09; AUTHORIZING AN INCREASE OF THE
SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $24,302.84
FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS"; AND
AUTHORIZING A FINAL PAYMENT OF $52,799.47.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
`JUL 22191E
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
41 OBJECTIONS TO
ACCEPTANCE OF
COMPLETED WORK
LIBERTY SANITARY SEWER IMPROVEMENT PHASE II
SR-53/7 C & S
Mrs. Gordon: Are there any objectors?
Mr. Plummer: Seeing none and the City Manager recommends I'll move it.
Mrs. Gordon: Ok. Moved by Commissioner Plummer. Seconded by Commissioner Gibson.
Call the roll please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-684
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION
OF INTERCOUNTY CONSTRUCTION CORPORATION FOR THE
CONSTRUCTION OF LIBERTY SANITARY SEWER IMPROVEMENT
PHASE II - SR-5377 C (CENTERLINE SEWER) AND SR-5377
S (SIDELINE SEWER) IN LIBERTY SANITARY SEWER IMPROVE-
MENT DISTRICT PHASE II - SR-5377 C (CENTERLINE SEWER)
AND SR-5377 S (SIDELINE SEWER) AT A TOTAL COST OF
$3,692,854.98 AND AUTHORIZING A FINAL PAYMENT OF
$369,285.50.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
AUTHORIZE CITY MANAGER O? BOWL COMMITTEE
5, TO ENTER INTO AGREEMENT
"ANNUAL ORANGE BOWL CLASSIC"
Mr. Plummer: Mr. City Attorney there was some modifications, have they been
corrected?
Mr. Weston: Yes sir.
Mr. Plummer: And, everything is now the Mayor's concerns have been alleviated?
Mr. Weston: As was related to us. Yes sir.
Mr. Plummer: All right, I'll move Item 6(a).
Mrs. Gordon: Read resolution. Moved by Commissioner Plummer. Seconded by
Commissioner Gibson. Any discussion on those items? Call the roll please.
JUL 221976
The following resolution was inttdduced by Commissionet Plummet who
moved its adoption:
RESOLUTION NO.'I6-685
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH THE
ORANGE BOWL COMMITTEE FOR THE STAGING OF THE
ANNUAL ORANGE BOWL CLASSIC WI pU THE M
IAMI ING FOR AN
ORANGE BOWL MEMORIAL STADIUM;
ORIGINAL 10-YEAR TERM
WITH
ADDIT�IONAI'jOS�YF-ARTO EPER OD.
SAID AGREEMENT FOR ONE
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by
Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
AUTHORIZE CITYMANAGERORANGE BOWL COMMITTEE
AGREEMENT
6, TO ENTER INTO"ANNUAL ORANGE BOWL PARADE"
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-686
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH THE ORANGE
BOWL COMMITTEE FOR THE STAGING OF THE ANNUAL ORANGE
BOWL PARADE; PROVIDING FOR AN ORIGINAL 10-YEAR TERM
WITH AN OPTION TO EXTEND SAID AGREEMENT FOR ONE
ADDITIONAL 5-YEAR PERIOD.
(Here follows body
of rr . • - .i, omitted here
and on file in the Office of the City Clerk)
seconded by Commissioner Gibson, the resolution was
Upon being secovote:
passed and adopted by the followingev. Gibson, and Mrs. Gordon.
g AYES: Mr. Plummer, Mr. Reboso,
NOES: None.
ABSENT: Mayor Ferre
JUL 221976
AUTHORIZE CITY MANAGER
7• TO ENTER INTO AGREEMENT
ORANGE BOWL COMMITTEE
OFFICE SPACE -ORANGE BOWL STADIUM
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-687
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE ORANGE BOWL COMM-
ITTEE FOR THE LEASE OF CERTAIN OFFICE AND STORAGE SPACE
WITHIN THE MIAMI ORANGE BOWL MEMORIAL STADIUM IN CONJUN-
CTION WITH THE ORANGE BOWL COMMITTEE'S ANNUAL STAGING OF
THE ORANGE BOWL CLASSIC AND THE ORANGE BOWL PARADE; PROV-
IDING FOR AN ORIGINAL 10-YEAR TERM WITH AN OPTION TO
EXTEND SAID AGREEMENT FOR ONE ADDITIONAL 5-YEAR PERIOD,
AT THE RENTAL FEE SET FORTH IN SAID AGREEMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
Mr. Ben Benjamin: One of the members of the Orange Bowl Committee. I thank you
all so much. We look forward greatly to continue our relationship with the
City of Miami and hope we can continue to do as good a job as we hopefully have
done in the last 40-years. Thank you all so very much.
Mrs. Gordon: Thank you Mr. Benjamin and will you tell us who are with you.
Mr. Ben Benjamin: With me is Mr. Dan McNamara, who is our General Manager and
Steve is also one of our members of the Orange Bowl Committee and one of the men
who worked so hard with the City Attorney and the City Manager in working out this
contract. Thank you all.
CITY MANAGER'S REPORT ON TENTATIVE
8, BRIEF DISCUSSION ITEM: AGREEMENT: ���i zz
8wEgsAgLOSTADIUM USE OF THE
Mr. Andrews: While the members of the Orange Bowl Committee are here I want the
Commission to be aware that I have received from the University of Miami a quite
similar completed agreement for a 10-year period with 5-year option that parallels
the agreement with the Orange Bowl Committee and we hopeful will be bringing that
to conclusion in the next several weeks. Therefore, we will then have the Univer-
sity of Miami and the Orange Bowl Committee under agreement for a 10-year period
with 5-year options. Same conditions, they're following the ordinances and all
their requirements.
Mr. Ben Benjamin: It just occurred to me I didn't say the name of the other
member. Mr. Steve Lynch. Excuse me. I'm sorry.
Mrs. Gordon: Ok. We're glad you were here.
5
JUL 221976
MEND SECTION 57�-135,
vAM 1 ATHE CITY CODE; CITY CHAUFFEUR iE ISTRATION LICENSE
CONVICTED OF ll,1,t, ETC,
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 56-135.1 OF THE CODE OF THE
CITY OF MIAMI BY SUBSTITUTING THEREFOR A NEW SECTION 56-135.1
PROVIDING THAT ANY HOLDER OF A CITY CHAUFFEUR REGISTRATION
LICENSE CONVICTED OF DRIVING UNDER ThE INFLUENCE OF INTOXI-
CATING BEVERAGES OR CONTROLLED SUBSTANCE AS DEFINED IN
FLORIDA STATUTES SECTION 893 WHILE IN ACTUAL CONTROL OF ANY
FOR -HIRE VEHICLE SHALL HAVE HIS OR HER REGISTRATION AUTOMAT-
ICALLY REVOKED FOR THE REMAINDER OF THE LICENSING YEAR AND
SAID HOLDER SHALL NOT BE ELIGIBLE TO HAVE SAID LICENSE RENEWED
FOR A TOTAL PERIOD OF NOT LESS THAN 3 YEARS FROM THE DATE OF
SUCH REVOCATION; REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT;
PROVIDING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of July 1, 1976, was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Gibson, the
ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Commissioners Gibson, Plummer, Reboso and Vice Mayor Gordon
NOES: None.
ABSENT: Mayor Ferre
ABSTAINING: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8563
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
10, AMD, 6871-STREETBASE BUILDING LINES, CERTAINGSTREETSTHENED IN COCONUTWGROVE
CIN
ART XXV
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CITY ('^ 'ATAMI COMPREHENSIVE
ZONING ORDINANCE NO. 6871, AR:.1CLL AXV, BASE BUILDING
LINES, SECTION 1, BY REDUCING THE ZONED STREET WIDTH
OF CERTAIN STREETS IN COCONUT GROVE; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT
INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A
SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of July 1, 1976, was
taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Gordon, seconded by Commissioner Plummer, the
ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Commissioners Plummer, Reboso, and Vice Mayor Gordon
NOES: None
ABSENT: Mayor Ferre
ABSTAINING: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8564.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
i
AMD ORD, 84/ - DELETE $69,670 SOCIAL SERVICE PROGRAMS
MARTIN LUTHER KING DEVELOPMENT AND TOWN PARK COOPERATIVE DAY CARE
SUBSTITUTE AGENCY KNOWN AS: CHRISTIAN COtMUNI1Y SERVICE AGENCY
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 8476 ADOPTED OCTOBER
23, 1975, BY DELETING THEREFROM THE APPROPRIATION OF
$69,670 FOR THE SOCIAL SERVICES PROGRAM KIrOW"N AS MARTIN
LUTHER KING DEVELOPMENT, AND BY FURTHER DELETING THEREFROM
THE AGENCY KNOWN AS TOWN PARK COOPERATIVE DAY CARE WITH
THE AMOUNT APPROPRIATED THEREFOR AND SUBSTITUTING THE AGENCY
KNOWN AS CHRISTIAN COMMUNITY SERVICE AGENCY, INC. OF SOUTH
FLORIDA, WITH THE AMOUNT PREVIOUSLY APPROP:{IATED FOR SAID
TOWN PARK COOPERATIVE DAY CARE; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT; INSOFAR AS THEY
ARE IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of July 1, 1976, was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Gibson, seconded by Commissioner Plummer, the
ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Commissioners Plummer, Reboso, Gibson and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre
ABSTAINING: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8565.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
AMD, CHAP 2 OF CODE
AMEND CITY EMPLOYEES
12, RETIREMENT PLAN
PROVIDING FOR PAYBACK OF CREDITABLE SERVICE
LABORERS, WATCHMEN, CUSTODIAL WORKERS
PERIOD: APRIL 1, 1955== =SEPT,30,1962
Mr. Weston: Reads Ordinance into the record.
Mr. Reboso: We have a motion and a second.
Mr. Peter Joffre: Good Morning Commissioners. 0n this here I would like to have
a full Commission to hear because I also have some members coming down here that
would like to speak on this. I would.:_cce ro postpone it for a little later on.
I figure it ought to be scheduled around 11:00. We have some people that are
working that are going to be coming down I would say within another half hour they
should here.
Mrs. Gordon: I have no objection.
'JUL 221976
•
AMEND CODE OF THE
,z CITY OF MIAtI
11 SUBSECTION OF
SECTION 13-.6
AN ORDINANCE ENTITLED -
MAYOR MAY RELINQUISH CHAIRMANSHIP OF THE
BOARD OF:
DOWNTOWN DEVELOPMENT AUTHORITY
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, BY ADDING A PROVISION TO SUBSECTION (3) OF
SECTION 13-6 OF THE CODE OF THE CITY OF MIAMI, PROV-
IDING THEREBY THAT THE MAYOR MAY RELINQUISH CHAIRMAN-
SHIP OF THE BOARD OF THE DOWNTOWN DEVELOPMENT AUTHOR-
ITY OF THE CITY OF MIAMI UPON SIGNIFYING SUCH ELECTION
IN WRITING AND BY PROVIDING FOR THE FILLING OF SAID
POSITION OF CHAIRMAN FROM OTHER BOARD MEMBERS IN
ACCORDANCE WITH THE RULES OF PROCEDURE DULY ADOPTED
BY THE BOARD; REPEALING ALL ORDINANCES, CODE SECTIONS
OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN
CONFLICT, AND CONTAINING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of July 1, 1976, was
taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Gordon, seconded by Commissioner Gibson, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioners Plummer, Gibson, Vice Mayor Gordon, and Reboso.
NOES: None
ABSENT: Mayor Ferre
ABSTAINING: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8566.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
14, APPOINT DANIEL K, GILL TO 4 YEAR TERM AS A MEMBER OF
BOARD OF DOWNTOWN DEVELOPMENT AUTHORITY
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-688
A RESOLUTION APPOINTING DANIEL K. GILL TO A
4-YEAR TERM AS A BOARD MEMBER OF THE DOWNTOWN
DEVELOPMENT AUTHORITY, EFFECTIVE JULY 1, 1976.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Gibson, the resolution was passed and adopted
by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre
JUL 2 21976
•
40, ACCEPT COMPLETED
11 WORK
PRESCRIPTION ATHLETIC TURF INSTALLATION
IN ORANGE BOWL STADIUM - PHASE 1
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-689
A RESOLUTION ACCEPTING THE CO 'LETED WORK
PERFORMED BY PRESCRIPTION ATHLETIC TURF, INC.
AT A TOTAL COST OF $244,500 AND AUTHORIZING
A FINAL PAYMENT OF $24,450 FOR PRESCRIPTION
ATHLETIC TURF INSTALLATION FOR ORANGE BOWL
STADIUM - PHASE I.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Pars. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
ACCEPT COMPLETED
WORK
16,
UNDER EXPRE SLAY PARKING -POLICE LOT
ID ITEMS , , AND ADDITIVE ITEM #
1.J. AND ADDITIVE ITEM #
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-690
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION
WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL
COST OF $71,086 AND AUTHORIZING A FINAL PAYMENT OF
$7,108.60 FOR UNDER EXPRESSWAY PARKING - POLICE LOTS
(BID ITEMS A, C, & ADDITIVE ITEMS 4#1).
(Here follows body of re=^: omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon
NOES: None.
ABSENT: Mayor Ferre.
COMMENTS: I want to tell the Adminstration what an improvement that has
made to that particular area. It's only unfortunate now that we can't further
expand that kind of landscaping under that expressway. Because it really looks
great. Quoted by Commissioner Plummer.
Mr. Andrews: Well, the Off -Street Parking is going to be developing that additio
al lot to the south and that will be given the same treatment. So there will be
a continuation.
Mr. Plummer: Well, I think you ought even really at city expense consider just
putting landscaping from there down to the exit of the expressway for a beaut-
iful entrance into that--- it looks good.
Father Gibson: Mr. Manager I want to concede to that. It improves the looks of
the City. All of those under expressways ought to be made to look beautiful.
JUL 2 219i
• •
The following resolution was introduced by Commissioner Plummet who
moved its adoption:
RESOLUTION NO. 76-691
A RESOLUTION ACCEPTING THE COMPLETED LANDSCAPING
WORK PERFORMED BY THE MARKS BROTHERS COMPANY AT
A TOTAL COST OF $90,530.20 AND AUTHORIZING A FINAL
PAYMENT OF $9,053.02 FOR UNDER EXPRESSWAY PARKING
POLICE LOTS (2ND BIDDING - BID ITEMS B, D, &
ADDITIVE ITEM #2).
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon
NOES: None.
ABSENT: Mayor Ferre.
17, ACCEPT COMPLETED S,W, 8TH STREET CHANNELIZATION (BEAUTIFICATION)
WORK
The following resolution was introduced by Commissioner Reboso who
moved its adoption:
RESOLUTION NO. 76-692
A RESOLUTION ACCEPTING THE COMPELETED WORK
PERFORMED BY HOLLAND PAVING CO., INC. AT A
TOTAL COST OF $47,633.79 AND AUTHORIZING A
FINAL PAYMENT OF $6,559.01 FOR THE S.W. 8
STREET CHANNELIZATION (BEAUTIFICATION) -
PHASE II.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre
/64
JUL 221976
•
A ACCEPT COMPLETED CONSTRUCTION-WYNDWOOD SANITARY SEWER MODIF1CATiDNS
SR-18; DAP, CORPORATION.
The following resolution was introduced by Commissioner Plummer Who
moved its adoption:
RESOLUTION NO. 76-693
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION
WORK OF D.M.P. CORPORATION FOR THE WYNDWOOD SANI-
TARY SEWER MODIFICATIONS SR-5418 AT A TOTAL COST
OF $34,701.24; AND AUTHORIZING A FINAL PAYMENT OF
$3,470.12.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
19. ACCEPT COMPLETED WORK - C. A. DAVIS, INC., PARKS HARD SURFACE COURTS-1974
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-694
A RESOLUTION ACCEPTING THE COMPLETED WORK OF
C. A. DAVIS, INC. FOR THE PARKS - HARD SURFACE
COURTS - 1974 AT A TOTAL COST OF $185,234;
ASSESSING $1,440 AS LIQUIDATED DAMAGES FOR OVER-
RUN OF CONTRACT TIME; A', A, 1.:.,4IZING, AFTER ALL
ADJUSTMENTS, A FINAL PAYMENT OF $17,668.40.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
%I
JUL 221976
o
2O► ACCEPT DEED
OF DEDICATION
SITE 311E NIP 3 CtNTRAL MIAMI FLA,A-1 FROM DADE
EXPANSION OF DIXIE PARK
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-695
A RESOLUTION ACCEPTING A DEED OF DEDICATION FOR
SITE 321B NDP 3 CENTRAL MIAMI, FLORIDA A-1, FROM
DADE COUNTY, FOR THE EXPANSION OF DIXIE PARK,
WHEREIN THE COUNTY WILL CONVEY THE FOPEGOING
PROPERTY TO THE CITY UPON CERTAIN TERMS AND
CONDITIONS, CONCERNING THE REDEVELOPMENT OF THE
PROPERTY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
21, glADINANCE REDUCING PREVIOUS APPROPRIATIONS MADE TO
CERTAIN PROGRAMS AND INCREASING OR REPROGRAMMING
THESE FUNDS TO PROGRAMS AS NOTED
Mr. Andrews: Mrs. Gordon I'd like to explain and then the City Attorney can read.
the Ordinance. The reason for this Ordinance is that the time that you made the
adjustments for Revenue Sharing and Day Care it was $85,000.00 that was program
for the Martin King Boulevard and that money was removed because it was another
way of it. The $85,000.00 was re -programed by the Commission, but we made an
error in the final way that the ordinance was adopted and the $85,000.00 remained
and it must be removed and this ordinance accomplishes that.
Mrs. Gordon: Is this a housekeeping ordinance?
Mr. Andrews: Yes it is.
Mr. Plummer: Move it!
Mrs. Gordon: Ok. Moved by Commissioner Gibson. Seconded by Commissioner Gibson.
Mr. Weston will you read the ordinance please?
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 8507
AND CORRECTING AN ERRONEOUS REFERENCE THEREIN TO
ORDINANCE NO. 8464 BY SUBSTITUTING ORDINANCE NO.
8466; AND INCREASING THE APPROPRIATION THEREIN TO
CHILD DAY CARE PROGRAMS BY $37,595.97; AND DELETING
THE $15,330 APPROPRIATION THEREIN TO THE DR. MARTIN
LUTHER KING BOULEVARD LINEAR PARK PROJECT; AND RED-
UCING THE APPROPRIATION THEREIN TO DOWNTOWN SENIOR
CITIZENS COMMUNITY CENTER,INC. BY $22,000; AND IN-
CREASING THE APPROPRIATION THEREIN TO YOUTH CO-OP
PROGRAM BY $2500; AND INCREASING THE APPROPRIATION
THEREIN TO NICKY CRUZ OUTREACH PROGRAM BY $2500;
AND INCREASING THE APPROPRIATION THEREIN TO ACTION
COMMUNITY CENTER BY $1,000; AND APPROPRIATING $3,000
TO LITTLE HAVANA DEVELOPMENT AUTHORITY; AND APPROPR-
IATING $3,000 TO BROTHERS OF THE GOOD SHEPHERD; AND
APPROPRIATING $10,000 TO COMMUNITY SERVICES DIVISION
OF THE DADE COUNTY FEDERATION OF LABOR; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT
INSOFAR AS THEY ARE IN CONFLICT: AND PROVIDING A SEVER-
ABILITY CLAUSE.
iLL
JUL 221976
Was introduced by Commissioner Plummer and seconded by Commissioner
Gibson, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed
to by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre
ABSTAINING: None.
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Gibson, adopted said ordinance by the following
vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
ABSTAINING: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8567.
22, CUSTODIAL SERVICE- SECURITY PORTFOLIO PUT OUT FOR REBID
Mrs. Gordon: Mr. Plummer, do you want to speak on that?
Mr. Plummer: Rose, I was going to speak on it and Father, let me tell you what has
happened,I find and Mr. Harrison just brought to my attention That in fact, South-
east First National has sent a letter of resignation. Now, if that is the case I
don't think the Board can be left without a custodian. I would hope and concurred
with Father to put it out for re -bidding so that it can all be on an equal basis.
Father felt that there was need for that and I have no objections to that, but the
problem is that I don't feel that the Board can be left without a custodian. I
believe; it is my opinion that Southeast would be happy to continue until the re-
bidding.
Father Gibson: I believe that too J.L. and I am still firm that business must be
put out and re -bid'
Mr. Plummer: All right. Well, Father I'll tell you what Mr. Weston is it legal,
let me make this and see if it's legal that we put item 26 for re -bidding with the
subject to Southeast First National Bank continuing as custodian until the complet-
ion of the re -bidding. Is that legal?
Mr. Weston: That's legal for this Board to do. I don't know that this would
actual bligate Southeast First National, but it's my understanding they are willing
to continue until ....
Mr. Andrews: All right, for the record, Madame Chairman, and members of the Comm-
ission. They have included that in their letter of July 9th, just so its on the
record, the bank has appreciated the opportunity served in this capacity the past
2' years and it will cooperate in everyway to affect an orderly and efficient tran-
sition to the new custodian for the systems. So what they'reindicating is that they
will continue...
Mr. Plummer: Who is that letter addressed to?
Mr. Andrews: Its addressed to the Secretary of the Retirement Board, Retirement
System and Robert A. Thompson, Senior Vice President who signed the letter.
Mr. Plummer: It disturbs me that I was not forwarded a copy. But that's my
problem, not yours.
Mr. Andrews: Well, you are noted. All the members of the Commission are noted on
this letter having been sent a copy.
Mr. Plummer: Ok. So in other words, all we're doing then is making a motion to
redirect the Board to put it out for a re -bidding period. And, I'll hake that motioi
JUL 221976
Father Gibson: Second the motion.
Mrs. Gordon: Moved by Commissioner Plummet. Seconded by Commissioner Gibson
that the Board of Trustees, are they that puts out for the bid or does
the City Commission put out J.L.?
Mr. Plummer: No the Board is the one that initiated the initial action. So they
would have to initiate the re -bid.
Mrs. Gordon: The re -bidding.
Mr. Plummer: Right,and then recommend to this Commission.
Mrs. Gordon: All right, then that's the motion. Any disucssion on the motion?
Father Gibson: Madame... I hope I'm not belaboring a point and I don't know how
this can be done but I hope the Manager and City Attorney could tell us. I don't
think it is fair to have a bank that holds fifty million dollars in stocks bid on
custodial position, unless the rule is everybody that you can take both. You see,
what I'm saying that the Commission doesn't understand is that if I have the stock
at my hand I'd bid at one rate because all the gambling I'm going to do I have
something to help me in the gambling process. Ah-- you know I'm a clergyman.
So, you know, I'm not suppose to be talking about gambling, but man you don't have
to be a genius to see what's happening. Let me tell you what I'm warning this
Commission if you don't do this its just a matter of days before all of it is done
that way and I'm going to be opposed to it because I believe, I believe that all
of us have a responsibility to the businessmen of this community and you know, in
some cities they even give local people a bonus and you know, I'm not trying to
give away the pension fund because I'm in a pension fund. And, if you work there,
you work there a given number of years, man, you got it made you can't lose it or
if you get a certain age, like they tell us you work one day after 65 man, you're
working for the pension fund. If you work for 39 years in the Episcopal Church
you don't have nothing to worry about. And, I'm saying this, that this disturbs
me. When we shared this thing up last time I was as adamant then as I am now.
Now as I was then. I warn this city that if we're going to be dealing with money
as we are and we have to. Some of these local businessmen ought to well be on a
committee of a kind. Do you remember who was Rose that was here that stood to
that mike and told you we had the formal budget director of the United States
right in the Southeast First National Bank, what's his name?
Mr. Andrews: Marty Fine was here.
Father Gibson: Marty Fine told us that and you can't tell me that man doesn't
have more sense, no, no, let me back up. Don't tell me that, that man doesn't
have more money knowledge than the trustees and the Commission, because that's
his living. That's his line, that's his bread. And, I warn the Commission now
when you come back, we, you know, have him as head -- simple rule I'm going to
be up here saying the same thing.
Mrs. Gordon: All right, then--- any further discussion on this item, number 26?
If not, will you call the roll please?
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 76-696
A MOTION REQUESTING THE RETIREMENT SYSTEM BOARD TO SOLICIT
NEW PROPOSALS TO PROVIDE CUSTODIAL SERVICES FOR ITS PORT-
FOLIO, PROVIDED THE SOUTHEAST FIRST NATIONAL BANK OF MIAMI
WILL CONTINUE AS CUSTODIAN UNTIL A NEW ONE IS SELECTED.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
JUL 2 21976
WAIVE RENTAL FEES
FOR THUSE Of "SEA CIRCUS" - MARINE COUNCIL AFLOAT
�IIAMI MARINE JTADIUM SAFETY SHOW
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 76-697
A RESOLUTION GRANTING FREE USE OF THE MARINE STADIUM
BY THE MARINE COUNCIL OF GREATER MIAMI ON SATURDAY,
JULY 31, 1976 FROM 10:00 A.M. TO 12:00 NOON FOR THE
PRESENTATION OF THE ANNUAL "SEA CIRCUS" EVENT, CO-
SPONSORED BY THE CITY OF MIAMI , SUBJECT TO THE
MARINE COUNCIL OF GREATER MIAMI OBTAINING LIABILITY
INSURANCE IN SUCH AMOUNTS FROM APPROVED CARRIERS AS
DEEMED APPROPRIATE FOR THE PROTECTION OF THE CITY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Plummier, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
24, DISCUSSION ITEM: MC NULTY REPORT ON CONSTRUCTION OF STADIUM
Mr. Andrews: Can I elaborate on that 'Jadame Chairman? while ''e recognize there
was the potentiality that as a result of this presentation it just might be
possible that you would drift into the second subject and you, did not. It's
necessary now to discuss the second subject and that is what do we do about these
first two games?
Mr. Plummer: What about them?
Mr. Andrews: Well, they're coming here to discuss further with the Commission
the potentiality of whatever arrangements are going to be made.
Mr. Plummer: Well, doesn't the ordinances specify that the application has to
in and completed 10 days in advance?
Mr. Andrews: No.
Mr. Plummer: Oh, it doesn't?
Mr. Andrews: No,it does not.
Mr. Plummer: Ok.
Mr. Andrews: In fact that's an area of the ordinance we're going to have to
change. The problem of this nature has never really occurred in the past and
in examining the ordinance we find that we don't have the kind of controls where
that definitive so as soon as this problem is resolved the City Attorney is going
to have to assist us in preparing an amendment to the ordinance that we'll
present to you that will put those kind of controls in.
Mr. Plummer: At least 30-days.
Mr. Andrews: Well something. I'm not prepared. The new Manager will have an
opportunity to address himself to that.
MR. Plummer: Ok.
IUL221976
o
WALVE RENTAL FEES
25, FOR THE USE OF
MIAMI STADIUM
BASEBALL PRACTICE SESSIONS
MIAMI-DADE COMMUNITY COLLEGE
Mr. Reboso: Let me ask a question Vice Mayor. Paul1is there anyway that we can
change anything of the Miami -Dade Community College for the services that we gave
them, like tuition for employees of the City of Miami or something like that?
Mr. Andrews: I'm not sure.
Mr. Plummer: Its' worth looking into.
Mr. Reboso: We have I think, bilingual programs in the City of Miami that we're
paying money for that program. Maybe they can give that program to the employees
of the city.
Mr. Plummer: Waive the fees. Interesting.
Mr. Andrews: We certainly can find out.
Mr. Plummer: We don't want to take their money, but we don't want them to take ours.
Call the roll on 33.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-698
A RESOLUTION GRANTING USE OF THE MIAMI STADIUM
BY MIAMI DADE COMMUNITY COLLEGE, DOWNTOWN CAMPUS,
FOR THE PURPOSE OF CONDUCTING ITS BASEBALL PRACTICE
SESSIONS FROM SEPTEMBER 7, 1976 THROUGH DECEMBER 3,
1976, SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL
INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY,
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH MIAMI DADE COMMUNITY COLLEGE FOR
SAID USE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
2b, RECEIVE SEALED BIDS - S. W. 22ND STREET HIGHWAY ItPROVEMENT395
This being the date and time advertised for receiving sealed bids for
S.W. 22nd Street Highway Improvement H-4395, the Vice Mayor announced that the
City Commission was now ready to receive sealed bids:
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-699
A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE
CITY MANAGER FOR TABULATION AND REFPORT BIDS AUTHOR-
IZED TO BE RECEIVED THIS DATE FOR S.W. 22nd STREET
HIGHWAY IMPROVEMENT H-4395.
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
JUL 221976
Bids were received from the following:
Joe Reinertson Egeipment Co.
D.M.P. Corporation
T & N Construction Co.,Inc.
Marks Brothers Co.,Not Inc.
Stone Paving Co.
Williams Paving Co.,Inc.
Garcia Allen Construction Co „Inc.
27, PRESENTATION OF BICENTENNIAL CERTIFICATES TO COMPOSERS
Mrs. Gordon: I would like to say that the Mayor has informed us that he will
not be arriving shortly. Unforseen circumstances are preventing his arrival.
So, if you would like your presentations now fine. If not, we're not asking
you to--- he hopes to be here but he can't guarantee it, but if he can he will
and he's expected to be here sometime today. He's expected to be here this
morning but could not arrive so he's notified us that he will not be here shortly.
So its up to you.
Mrs. Nora Swan: We're privileged to have with us today two composers and they
are from the Miami. area. They have both written, each one of them have written
an inspirational to the Bicentennial. I'm very happy that they could be here
This is Mr. Abraham Thomas and he is going to sing his song.
Mrs. Gordon: Oh, aren't we privileged, that's fine.
Mr. Abraham Thomas: Thank you very much. The first time I had the opportunity
before you distinguished people, the Mayor and the Commissioners was about three
years ago. I brought and presented to you and the Mayor a plaque. It was during
the times when things were just beginning to break bad in our country. The plaque
has most of the words to the song on it and it was just something that said, you
know, even though times are hard and things are bad, let's keep striving because
we still have people out here who need services and it was just something to give
you the kind of inspiration you need to do the job that you had to do. I don't
know how many of you remember it, but I think everyone of you are here including
the Mayor. About January or February, I decided to set that group of words to
music and I titled the song,"This is our land" and I started with an idea and its
now a song that's being published by Columbia Pictures, division of screen gems.
I also hope, maybe by September to have a record that will be heard all across
the country. I've talked to Dr. Doolin down at the School Board. He likes it
very much and he also thinks that if we have stronger music programs in our
Elementary Junior High and Senior High Schools we wouldn't he having as man• of
the problems in our schools as we have today. And, I think that there is something
that's needed all across the country al-.: r- -. little bit more love. And, some-
times you just can't talk about love. Sometimes you just can't hear about love,
not in words but sometimes people pick up expressions in music ar.d I was very
fortunate enough to have this song, sung by Northwestern Senior High School. It
was arranged by Mr. Eric Knight, who is the brother of the Acting County Manager.
Mr. Knight works at Jackson Senior High School. And its been a fantastic thing
because I started with nothing. I also had the opportunity to be on the podium
with Commissioner Plummer at the dedication of the Bicentennial Park and I sang
the song then. I would like to sing it for you right now. The name of it is
"This is our land". He sang. (applause)
Mrs. Gordon: Thomas that was beautiful.
Mr. Thomas: I'm just sorry that I didn't have someone with me who can sing. But
I'm not ashame.
Mrs. Gordon: Well, I want to say you did a very fine job and we're glad that you
are here.
Mr. Thomas: Thank you very much.
Mrs. Gordon Nora, you want to continue? Mr. Engel, are you going to eing the
song that you wrote? But you are going to read the words.
Mr. Daniel Engel: I'll just recite the words.
JUL 22197E
Mt. Plummer: Well I'll tell you. Let me say this for those who were at the
dedication of the perk. Dan it's a real shame we can't have the same musical
group here who made the presentation of your very fine song as they did that
day. I'm not going to ever try to put down a lawyer in his fine silver tongue
oratory but let me say to you it was beautiful. It really was.
Mr. Daniel Engel: Commissioner thank you very much. Actually,"We are America"
came about within 24-hours after my father died, a year ago March. And, I was
thinking about our country and what WE. could do as individuals. And, too frequent-
ly you don't think of the individual being the country. And, this is the great
problem that we have. We all think of someone as the country. The nation is
somewhere else. But each one of us are the country and I was extremely proud when
the cast of 1776 presented "We Are America" in the Bicentennial Parade.
And I also felt very good when it was on CBS television nationwide. And, then in
the park, when they dedicated the park this was another (Oh, I just wonderful at
that time). You know, Miami is my home. It's been my home for many, many years.
And, the University of Miami and I are very close too. Because they first present-
ed "We Are America" at the football games. All of the football games last season
at the University of Miami presented "We Are America" and universities throughout
the entire United States have indicated that they will be presenting "We Are America"
this fall. So, we're starting to move with this. Now, we do have a record out.
And, the record is by Perry Winckle Records and Libby Holden is the President of
Perry Winckle Records who is here. And, a surprise to you J.L. I did the vocal on
the record, but I am not going to sing today.
Mrs. Gordon: Well, we'd like to get your record. Thank you.
Mr. Daniel Engel: I'll do the speaking lead-in to the record. It started out --
we have drum with this and it says"Listen to the drum. Listen to the beat. (that's
the heartbeat of America). Listen to the drum. Telling the world we are never
afraid. We have nothing to fear, because we are America. We are America. We
are America. For we are the heart of freedoms drum that resounds throughout our
land. We are America. We are America. Every race and religion has contributed
to the theme that is known throughout the world as the America Dream. For American
ingenuity makes rivers of opportunity that flow higher than the sky. And to even
in adversity we who live in the land of the free continue to trust in God to always
meet our way. We are America. We, you and me are america. For the spirit of
"76" is still living and you and me and we are proud to be america. Thank you.
(applaus). One other person that I would like to thank is Nora Swan for being
so wonderful with us. Thank you so much.
Mrs.Gordon: Thank you very much. Your certificates are coming down, they're up-
stairs in the interim. Nora, do you want to carry on. You want to say anything
else?
Mrs. Swan: I just want to say that both of these gentlemen are not just profession-
al writers of music or a song. They have other profession and yet they have come
through with such inspirational music and I think this is what the "Spirit of 76"
is all about. I'm very happy that they are here and that they are doing this work.
Mrs. Gordon: Well, we certainly do appreciate the opportunity of having you here
and letting us hear first hand the work that you have accomplished. We'll very
proud of you. It will just take a few moments for your certificates to come down
and the photographer will be taking your picture and I'll ask you if you would
please come up here under the seal and between the flag and we will take the picture
there. Thelma Alexander, was there something that you wanted to address us, an
item? I received a note that you wanted to say something.
Ms. Alexander: Good Morning, Vice Mayor, Gordon, members of the Commission. I
was going to wait until after the 10:15 item at which time there was a ---
since it came from the Planning Advisory Board and I am here officially upon request
of the Planning Advisory Board.
Mrs. Gordon: On a special item?
Mrs. Alexander: On a special item. Well its not a special item it's an addendum,
a recommendation to the ...
Mrs. Gordon: All right, i'll call on you right after we finish those' items.
Thank you.
'JUL 22W6
li
REQUEST FOR
VACATING,ABANDONING,
hc. DISCONTINUING-
0/
PUBLIC USE OF -
NW 33 AVE, N ROW LINE OF NW 13 TR,N,TO
COMFORT CANAL
(DEFERRED AFTER DISCUSSION)
Mrs. Gordon: Wait a minute, is the applicant here on item 1/8? Is Nestor
C:nzalez here? Would you come forward and identify yourself for the record please?
This is a zoning matter.
Mr. Nestor Gonzales-: My address is 350 S.W. 124th Avenue, Miami.
Mrs. Gordon: All right, this application is for a closing,vacating, abandoning,
and discontinuing the public use of N.W. 33rd Avenue from the North Right -of -Way
line of N.W. 13th Terrace, northerly to Comfort Canal, in conjunction with a Tent-
ative Plat and this comes to us from the Zoning Board by a 4/2 vote. But with the
Planning Department's recommendation for approval. There was no written objection.
Four (4) oral objections. Are there any persons in objection to this item?
Mr. Plummer: You're objecting to this item?
Mrs. Gordon: Do you want to hold your :potion?
Mr. Plummer: I'll withdraw the motion.
MRs. Gordon: The motion is off the table and the table is clear. The applicant,
would you want to speak to your application and tell us something about it, why you
want it, etc.?
Mr. Gonzalez: In the beginning, I just asked that this part of 33rd Avenue is
facing both my property. One already developed and the other one under developed.
This is two small pieces of land and I found out from the department
that they don't have any plans to build a bridge across the canal or anything like
that. Thats the end of the street, its no more used for the bridge over there and
I just made a petition. But later on I found that someone had in mind to ask for
building of the bridge across... even so the department says they don't
have to plan for that and they don't have the money and they don't see the purpose
of that. This piece of land is about 131 feet of land. As I said before its
facing both of my property and I thought it was no harm , it could be useful for
the city to collect taxes from that piece of land.
Mrs, Gordon: Ok Mr. Gonzalez. I'll hear from the objectors now and they will let
you speak again if you wish too. Yes, that is a dedication for street, but obviously
have never been improved as a street, is that correct?
Mr. Davis: The street is improved at this point, but not used of course, ----
Mr. Acton: No, no, the street ---- its not improved. It's open at this point.
Mrs. Gordon: Is it a paved throughfarc°
Mr. Acton: No. It's not.
Mrs. Gordon: I see. It's not an improved paved throughfare. That's what we're
trying to establish.
Father Gibson: Are you telling me that, that exists,the piece of land?
Mrs. Gordon: Yes it is and the canal...
Father Gibson: Are you telling me also that you're saying the canal divides?
Mrs. Gordon: uh,huh, to the north of the property is a canal and on the northerly
side of the canal is another piece of same avenue which is also I assume not•im-
proved. Is that correct Mr. Acton?
Mr. Acton: That's correct.
Mrs. Gordon: And, if this were to be improved it would require a bridge to make
it accessible from the north to the south,which there are no immediate plans or
any plans. Is that true Mr. Acton?
Mr. Acton: Yes.
Mrs. Gordon: To put this money into the improvements.
Mr. Acton: That is correct.
/9
JUL 2 21976
rats. Gordon: You will notice also that on the south is the expressway. is there
an underpass at that pcint under the expressway?
Mr. Acton: No.
Mrs. Gordon: Therefore its dead end at the south and also at the north
Mr. Acton: That's correct.
Mrs. Gordon: Now, may we hear from the objectors so we may understand your reason-
ing for your objection? Yes sir, would you identify yourself please? You can state
your name and address for the records we'd appreciate it please.
Mr. Glenn Harkey: I reside at 3298 N.W. 13th Terrace. If I may, I would like to
read off the petition that I circulated to have signed by the people in the
immediate...
Mrs. Gordon: Are you on the same side of the street, are you across the street,
will you point to it please Mr. Davis?
Mr. Glenn Harkey: Where the numeral nine lies just south of thirteen.
Mrs. Gordon: All right, I see where you are. Ok. Fine.
Mr. Glenn Harkey: May I read the petition please?
Mrs. Gordon: Please do.
Mr. Harkey: Petition protesting the closing and vacating N.W. 33rd Avenue and
north of N.W. 13th Terrace. We the undersigned do hereby protest the official
closing and vacating of N.W. 33rd Avenue. North of N.W. 13th Terrace. N.W. 13th
Terrace is a dead end street with limited access. It is bound on the south side
by 836 expressway and on the north side by a canal with one bridge located at N.W.
32nd place providing the only means of access. Due to this limited means of cir-
culating traffic and present density of population N.W. 13th Terrace. We feel it
would be in the best interest of the neighborhood residen for the city to main-
tain this right-of-way for the possible future development of another outlet.
This is the petition. This is only a copy.. The original is with the zoning board
as a matter of public record. I would like to circulate it to you people on the
Commission and point out also that I have a majority better than 90%. I don't have
two signs. One is a person I had personal problems with in 1973 and I just felt it
wouldn't behoove me to enter his property. The other - the people were out of town
at that particular moment.
Mrs. Gordon: Would you pass that to Commissioner Plummer please?
Mr. Harkey: Yes ma'am. Also, I have some pictures demonstrating what can happen
when...
Mrs. Gordon: All right, if you'll give all of those exhibits to Commissioner Plummer
he'll look at them and pass them down to us. Is there someone else here in objection.
Would you come forward please? Are you through sir? Are you through with your
presentation? No. Continue until you're through and then I'll call on the next
objector.
Mr. Harkey: Ok. As I said the density problem is a problem. In fact, people pull
up on our yards, turn around and we would like to�if there was a call to solve we
feel that this problem would be vertually alleviated. Of course,it won't dictate
the peopie,Isesihe call to solve but it would surely help. Secondly, we would like
to point out that from a copy of the minutes of the last meeting that Ms. Bersilia
stated that she was voting 'no' because she felt that the area did need attention.
Secondly, Mr. Gort raised a question pertaining to whether the units could be
developed for greater density. Thirdly, Mr. Silverman, and if I may quote him,
"Mr. Chairman, my own feelings are that this Board would have to have or would have
control over any development that would go in there. I personally don't see any
objections to closing the street because I don't think it need it. However I would
be imposed to having the developer that this property as a gift from the city in
building an additional duplex on it. I would also like to point out that at the
present he is allowed by law his right to build four units. If he does in fact
receive this closing officially from you people that does grant him the possible
in the future. The possibility in the future of applying for a building permit
and building an additional one full duplex unit and one half duplex unit.
JUL 221976
• •
Mrs. Gordon: Mr. Davis what's the zoning in that area?
Mr.Hackey: R-2. I'm sorry. I think this Board should inform the developer that
if and when the developer does come in to use this property this additional space
should be counted as open -space and not for additional development. Otherwise,
in effect the city is taking a piece of property and giving it to a developer as
a gift and saying here. Go build a duplex with it. I don't think that this would
be fair to the neighbors or fair to the city. I can see closing the street if its
going to be used for open -space but I cannot see closing a street to give the
developer additional land for development. I think this Board could control that
at the time the developer or the owner comes in for a plan or planned unit develop-
ment. And, then I don't like to bring this out but in light of the fact that recent
editiorizations on both channel 7 and in fact in the Miami Herald with the inspect-
ing department being tainted so to speak. I would like to make'sure that you people
as the final voice for both me and the other neighbors in the existing neighborhood
to deny this man this right to build upon his property as far as a duplex and a
duplex and a half unit goes. We feel that if its closed off and paved we have no
objections to this. We would welcome it because it would prevent me from losing
continuously pieces of my property being damaged by people pulling up. Also, the
storm sewer does lie directly underneath the 13th Terrace and I was told by people
in the city that nothing could be built upon it. Because I have a letter that I
asked for permission to fence off the property adjacent to the left of me. I first
inquired to purchase it and I was told that the city would not allow it to be
purchase but if I wanted to inquire about permission. I could received written
permission. And I did in fact receive the permission but the stipulations were
that one to remove said fence at no cost to the city upon 30-days written notice
from the Director of Public Works. Secondly, to provide the city access to the
fenced in area through a wire gate to come in and maintain the existing utilities
including water and storm sewers. Thirdly, that no claim will be made against the
city for the ownership of this fenced in area except by official closing the street
by filing a record plat. And, that until then the street will be considered a
public street for to maintain this area in a clean and presentable manner, free
of trash and debris or any object that would be detrimental to the good appearance
of the neighborhood by to erect no building or structure in this fenced -in street
area unless the area is re -platted an a permit is obtained from the Building
Department. So as you see this does provide the man with an additional avenue in
which to seek permission to build upon it if you people as my last hope for turning
down his request. If you grant him the request then he can in fact in the future
build upon it. Thank you.
Mrs. Sharon Harkey: Mr. Harkey's wife. I live at 3298 N.W. 13th Terrace. I think
I'd just like to go over what he said again very briefly. The reason why we are
here is because the fact that the street is in terrible condition if you will look
at the pictures. I think you can see there are several units there. There's one
house there, a duplex unit with five cars parked in front of it. I mean, the sit-
uation on the street is very bad. We happen to be the only piece of property that
runs length -wise and has any amount of yard in the front. Therefore people use our
front yard to turn around. There is nc JtneL way out of this street. And, I think
that's basically what we're trying to bring out is that its a very congested street.
There is only one way out and one way in. And, mo::: duplex units will only bring
more people into the area, more cars, and more congestion.
Mrs. Gordon: Are there children in that area?
Mrs. Sharon Harkey: Oh, everywhere. All over the street. Yes there are small
children ranging in age from as low as two and three years old to twelve.
Mrs. Gordon: Mr. Acton, I want to ask you a question. Since this came to us with
a recommendation from your department for approval. That in planning it appears to
me that maybe its been overlooked. That perhaps this would make a very nice mini -
park for a neighborhood that has a lot of children and adults that might appreciate
an open spaced. I wonder why you hadn't considered that or had you considered that
avenue?
Mr. Acton: Yes we had considered not using this site as a building site per se
Now I was told from the planner that worked on this that the developer has agreed
not to use this space as a building site. But I have asked the City Attorney what
type of restriction, if any, we could place on the use of this property. And, I'll
have Mr. Weston answer that question.
Mrs. Gordon: Mr. Weston, you have an answer to that?
Mr. Acton: Or Mr. Anderson. The point is that we agreed that it should remain
'JUL 221976
an open -space. But it should be the burden of the developer to maintain it and to
not use it as additional building space.
Mrs. Gordon: Well, would it be available for public use? No. I think that we
might have to consider that if its not a suitable site for transportation and
for access across the canal. Perhaps, it is a suitable site for recreation for
the neighborhood and since it is public land it ought to be used for public use.
Mr. Acton: I agree Commissioner Gordon. What I'm stating is that I was trying to
find a vehicle where the burden of the maintenance of that particular parcel of
land would become or would go back to the owner of the property. It would not fall
on the city to maintain it. In other words, to use it for public purposes but it
would be maintained by the developer.
Mrs. Gordon: I understand, but once it goes into private ownership, the use of
the land is restricted to the desires of the property owner.
Mr. Acton: No, no, that was my question to the City Attorney. So I'd like to have
either Mr. Anderson or Mr. Weston to answer ...
Mrs. Gordon: Almost you can't have your cake and eat it. In other words, we can't
collect taxes and say keep it open for the public.
Mr. Acton: I think you can retain certain development rights. You know, as you
notice a bundle of development rights that go with each particular, personal land.
So what I was looking for is for the city to retain a certain development right on
that parcel but ---
Mr. Plummer: Madame Vice Mayor, can I try to bring this to a head?
Mrs. Gordon: I wish you would and ....
Mr. Plummer: Are you telling us that you would just like to have the opportunity
of beautifying and eliminating an ugly eye -sore of the road, that you have no
intentions to build, is that what you're telling us?
Mr. Gonzalez: That's exactly what I intended to do.
Mr. Plummer: All right. Let me tell you what I'm ready to offer a motion•
Mr. Andrews: Wait, you better explore. Excuse me for interrupting you. You
better find out that if this goes to private ownership that increases the density
requirements and the bounds of the property. It means that the bounds of the
property can be more intensively developed than it can be now.
Mr. Plummer: Let me finish. I would like to proffer something, ok. What 1 would
like to proffer is since the man's intentionsseem honorable that what we do is we
vacate the right of a street, but at his expense he put a sidewalk access down the
middle, which means that he can never build on that piece of property for the public':
right to go up and down that access. Same thing they did in Grove Park, exactly,
they never denied the people from 7th Street all the way to the River a sidewalk
right through the middle at the owner's expense so that they could beautify it and
I think that, that would allow him to beautify the piece of property, but it would
prohibit him ever in the future from building on it. Just that simple.
Mrs. Gordon: J.L., Mr. Davis I'll recognize you in just a minute, but that does
not accomplish what I have in mind. Because what I have in mind is not an access
to go to the water but a playground for the area and its public land , it should
be used in that manner. We've made statements here and the Mayor made it at the
last meeting. The city should address itself to neighborhood parks and mini -parks
style and this should be what we ought to do. While here we have one already in
our possession, why should we give it up and go hunting for another one? I don't
understand that philosophy. Go ahead Mr. Davis.
Mr. Bob Davis: What I wanted to explain Madame Vice Mayor, is the intent of the
developer in his plat. As you know, in order to close the street he must re -plat
the area. His tentative plat includes two tracts. One tract which is street, and
that portion west of the street and the other portion is the portion to the east
of the street. But he already has a duplex started on the tract that is east of
the street and he wants to make a planned unit development to the west of the
street. I might also add that there is an existing easement where this street is
which would preclude him covering it with any structure. However, the intention
of this entire petition is to enlarge the tract to increase the density for the
JUL 221976
planned unit development.
Mt. Plummer: Oh no! That's maybe what he wants to do, but its like rather told
the cemetery. Sir, we ain't going to give you nothing for free.
•
Mrs. Gordon: No sir. I would object to that. In fact, I would personally like
to go out and inspect this area.
Mr. Plummer: I move that we defer that item.
Mrs. Gordon: All right, at this time then it'll come back to us for another public
hearing, but this Commission would like to go to the area and inspect the area and
make a determination after we have seen it. Motion is to defer ...
Mr. Gonzalez: In this particular closing of the street. I understand that 10 feet
of the street go to lot "J" right, then we have an easement 30 feet, that leave
10 feet. The intended use of those less say 30 feet is only green area is true.
It adds something for the development, but the intended use is only green area, so
my intention is to beautify the place and not to use it as ...
Mrs. Gordon: You're going to let your neighbors from all around come and bring
their children and put playground equipment and all this and that?
Mr. Gonzalez: Ma'am it's all right with me if all the neighbors can bring their
children over there, but the way it is now and the way it has been for 34-years
it doesn't help at all.
Mrs. Gordon: I know.
Mr. Gonzalez: If we can reach some agreement.
Mrs. Gordon: All right, we have a motion for deferment. That means you'll have
another opportunity to come back and talk to us again and so will those in opposition.
Mr. Gonzalez: With pleasure. It's a pleasure to me.
Mrs. Gordon: We will have an opportunity to go and visit the site. All right.
Call the roll please.
Mr. Southern: Mr. Plummer.
Mr. Plummer: Yes.
Mr. Southern: Mr. Reboso.
Mr. Reboso: Yes.
Mr. Southern: Rev. Gibson.
Rev. Gibson: Yes.
Mr. Southern: Mrs. Gordon.
Mrs. Gordon: Yes. Ok. This item has been deferred. _
TRACTS A&B, DELAWARE PARK SECTION 1
REQUEST GRANTED FOR 2929 N. W. 17TH STREET FOR
29, USE OF PORTION OF STRUCTURE
"EXCEPTIONAL CHILDRENS SCHOOL & NURSERY"
Mr. Acton: Mrs. Vice Mayor, before you start I want to bring the attention of the
Commission that this item was heard by the Planning Advisory Board last night and
was unanimously approved and sent to the Commission for your consideration today.
Mr. Plummer: Is there any objection? Are there any objections?
Mrs. Gordon: Could we just hear some of the presentations? I would like to become
familiar with this item. I read the memorandums that came to us requesting an
emergency hearing the day after the Planning Board and that it was handled through
advertisement, so that we properly . But I'd like to hear what you had to
say.
Mr. L.W. Leech: Executive Director, Sunrise School, 22300 S.W. 162nd Avenue.
.23
JUL 221976
In March of this past year, the Board of Directors of Sunrise School came to the
conclusion that they'd hh7�'e to close the school because of the lack of operating
capital where we're facing $147,000 deficit for this next fiscal year. After
much pondering and controversy it was decided the only way we could save this
school was to qualify as a medicade provider under title 19. This had some
pro grammatical considerations. The staff had to be improved and upgraded and
so forth. But in addition to that, in order to qualify for these funds we had to
physicaly'occupy a facility that met all the requirementsof the medicade program.
Structural fire safety code,etc. We searched all over Dade County for such facility.
The only one available was Parkway Children's Home. We learned that the Division
of Youth Services was going to vacate part of the building. The process of finding
out if this would be feasible to use the facility we went before the Grapeland
Heights Civic Association and Jasper Andre is here today, if that's necessary
representing the Grapeland Heights Civic Association. They have endorsed our moving
to that facility. We proceded with Dade County to work up a lease and so forth.
To make a long story short. In order to stay in business the operating capital
is so scarce that I'm projected to receive the medicade funds about the middle of
September provided I can occupy by August 1 and that was the dilemma without getting
in by August 1 I may lose the whole agency and that...
Mrs. Gordon: How many children are you handling?
Mr. Leech: Fifty-three(53) and we'll be licensed for 61 Vice Mayor.
Mrs. Gordon: Ok. Thank you for giving me that information.
Mr.Leech: Thank you very much for hearing it today. I know it was a hardship on
the Planning and Zoning people and I really appreciate their cooperation. I know
it was a lot to ask.
Mr. Plummer: I move.
Mrs. Gordon: Ok. Let me just ask Mr. Acton this comes with your recommendation
for approval?
Mr Acton: Yes.
Mrs. Gordon: Ok. And, Mr. Andre is there anything you'd want to say?
Mr. Andre: No. Not exactly I think we have investigated that case thoroughly.
And, we're happy about it coming in because we've had plenty of problems in the
area.
Mrs. Gordon: All right, you're speaking in favor of this and Mr. Plummer moved it.
Mr. Andre: I absolutely am in favor and so is the membership of Grapeland Heights
Civic Association, which we had Mr. Leech speak there. We asked him a bundle of
questions. We have investigated the building. We know what he's going to put in
and we're happy.
Mrs. Gordon: Very good. And, of course, we'll happy because its serving a very
worthwhile purpose.
Mr. Plummer: You're not going to charge us for that investigation?
Mr. Andre: Absolutely not.
Mr. Plummer: Thank you, sir.
Mr. Andre: Except that he has improved the place inside. It was in deplorable
shape from this here last organization that was in there.
Mrs. Gordon: Ok, Mr. Leech it sounds pretty good. All right, moved by Commissioner
Plummer. Seconded by Commissioner Gibson. Discussion. Call the roll please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
JUL 2 21976
RESOLUTION NO. 76-700
A RESOLUTION GRANTING THE REQUEST AS PER ORDINANCE
NO. 6871, ARTICLE IV, SECTION 36 (2), FOR THE USE
OF A PORTION OF THE STRUCTURE LOCATED ON TRACTS A
& B, DELAWARE PARK SECTION 1 (40-17), BEING 2929
N.W. 17TH STREET, BY THE "EXCEPTIONAL CHILDREN'S
SCHOOL AND NURSERY HOME, INC." A SCHOOL FOR
MENTALLY RETARDED CHILDREN, BEING AN ELEEMOSYNARY
USE, ZONED R-C (RESIDENTIAL OFFICE) DISTRICT.
(Here follows body of resolution, omitted here
and on file in the Office in the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
PERSONAL APPEARANCE CITY MANAGER TO DEVELOP PLANg FOR
30'
SELMA ALEXANDER INFORMING PUBLIC ON STATUS OF
COMPREHENSIVE MASTER PLAN
Mrs. Selma Alexander: Madame Vice Mayor, members of the Commission. 2323 South
Miami Avenue. I come to you as the Vice Chairman of the Planning Advisory Board.
A little bit of background and I appreciate your giving me this time in or out
of order. As you know, for the last eighteen months this Planning Advisory Board
has been embarked upon a complete comprehensive master plan for the City of Miami.
This has taken hours and hours of neighbhorhood meetings and neighborhood time and
consultants time. Our consultants have been on board and on deck since - almost
two years. Their contract runs out in October. The timetable for this plan is
that by September 1, we will be getting the final results of all of our hours of
labor. At which time it will then come before us for final recommendation and
then passed on to you the Commission. And then we'll start more neighborhood dis-
cussions in front of you. Now, we are concerned and upset at the quality of re-
porting and editorializing that's been going on the newspaper level. They've come
in, well, as if this just happened yesterday. This commission in its wisdom saw
fit to designate this Planning Advisory Board as the official body to deal with
the Master Comprehensive Plan that we are under diction to produce by 1979. This
commission in its extreme wisdom was well ahead of the game and many of these
neighborhood plans were underway even before they hired the kind of consulting
firm they did hire. This firm has been on deck for eighteen months living and
working in this community in the neigLn..31.11Q0.;s. We would like to request that
this commission find the money somewhere to print up a supplement. Probably, the
kind of newspaper supplement that is included in all newspapers. The cost runs
maybe 14 or 15,000 dollars. And, I believe that's about what it cost to publicize
the bond issue for housing. In order to bring the public up-to-date and aware of
the timetable what's been done so far and what needs to be done in the future.
WE would like this commission to direct the Manager or the Manager's Office to
find the ways and means to do this kind of a publication with the help of the depart-
ment and the consultants for the editorial content. Because that's the only way
we would have control, that all of it was complete and in detail but with the
editorial control that would take the bureaucratic out of it if you will. This is
our recommendation to the commission and we hope you will look on it with favor.
Mrs. Gordon: Mr. Andrews, will you speak to the recommendation that has been made
by Mrs. Alexander?
Mr. Andrews: Well, I'm a good listener and rather give you a flippant answer at
this time I think this is something that can be pursued. We talked about some
form of (call it ... newspaper means of telling the Miami story in our own way
and circulating it without creating another newspaper at least in-house. I don't
know to what extent a proposal here would go beyond the limits of our own city
government and how much demand would be placed on this'to circulate this beyond
their own city government. I think we'd have to find out more about it and 1
think the more appropriate thing to do would be to sit down with Mrs. Alexander
and explore this further before we make any recommendation to the Commission.
,2
JUL 2 21976
Mrs. Alexander: I'm not speaking personally.
Mrs. Gordon: You're speaking for the recommendation of the Board.
Mrs. Alexander: This is a Board recommendation unanimously adopted. Now, the
reason it was adopted was not only that we were aware of the timetables and aware
of the fact that the contract was expiring in October and where -in the fact that
we were going to be addressing ourselves to the final document in September. But
also we had been told about an in-house ordinance and a newspaper and a possibility
of the department itself putting it out. But last night, we were told that they
had neither the time, staff, expertise and or money, so we came to the conclusion
that we would like to turn it over to you because we don't want to see plans rust-
ing on a shelf.
Mrs. Gordon: Neither do I because plans rusting on a shelf go out of style. And
then you have to start all over again.
Mrs. Alexander: Plus the fact, this plan has had the involvement of the citizenry,
everyone of us on the Board has been a liaison to everyone of the six districts.
We've worked hard and long with the people in the neighborhoods and everything is
going to be down in black and white and its going to be a reflection of the people
of this community and I think this story needs to be told in English and in
Spanish.
Mrs. Gordon: I agree. I really do. I don't think we need to just put this off
as something we ought to think about but its something we ought to move ahead on
because I think this story needs to be told. Mr. Acton, would you address this
item? It has to do with your department?
Mr. Acton: At the Planning Advisory Board meeting last night Dr. Wallace did
present to the Planning Advisory Board, a mark-up of the final product that will
be produced by the consultant in the Planning Department. As a result of his
presentation the question did arrise as to how we were disseminate this type of
information in a wide distribution to the citizens of Miami along with the Board's
recommendation to the Commission. The question of publication or dissemination •
of information was a point of much discussion. And, I had quite sometime ago told
the Board that the department was considering producing a newspaper that would b
individually mailed to each residence in the City of Miami, both in English and •
in Spanish, but as the time wore on it became more and more obvious to me that
neither the consultant or the department had the staff, because we're so involved
in other projects to do this type of product. So that is what Mrs. Alexander is
telling the Commission that we need--- that the city needs to address, you know,
how do we go about disseminating this information to the community at -large and
not through the newspaper, because as the Commission is aware the newspaper in
reporting do take the editorial liberties with the information that's given to
them. What we want to do is present the information to the community at large
coming from through the commission to the Planning Advisory Board to the City
Administration as it is being produced by the consultants and their planning
department. We don't have the funds available to do this and we're looking for
you know, some vehicles to produce it. So, I think that what Mr. Andrews has
stated is correct. It probably is incumbent on the City Administration to come
up with viable means of accomplishing this. But we wanted the Commission to be
aware of what the product is and what we're trying to accomplish.
Mrs. Gordon: Mr. Acton, isn't it true that this Commission allocated a large
sum of money for these comprehensive studies to be done and isn't it true that
sum of money ran into the 390 some odd thousand dollars?
Mr. Acton: Yes that's correct.
Mrs. Gordon: Now, unless the public is made aware of what is happening and what
is attempted to be accomplished by this happening we have thrown that money down
the drain and I don't think we should throw money down the drain. We spend it
wisely and I think we should proceed to imform the public so that we can proceed
to implement these plans. Otherwise,we could've saved our money. Absolutely.
So, I ask that Mrs. Alexander resenting the Planning Board and yourself represent-
ing the Planning Department and Mr. Andrews rapidly approach a way of communication
to public and that we without any delay begin the implementation of these plans.
I would think Mr. Andrews c•f course will not be here, but Mr. Grassie will be here
said -- one of our major objectives should be the implementation of these plan s.
Otherwise, we have been ridiculous in the work we have been doing in the past
several years.
d6
JUL 221978
Mt. Andrews: What I sense the direction that you're taking Mrs. Gordon which
I think could be accomplished by the city and that is as we so inform the pub-
lic on bond issues C3 they have factual information and other matters that
this falls in a major area of what was going to occur in the city that based
on providing them with factual information in reference to this subject that
that could be accomplished.
Mrs. Gordon: All right, if you see a way of accomplishing it then we put this
in your hand for you to investigate and get back to us as fast as possible or
if you'll continue it will be continued with Mr. Grassie I'm sure. All right,
thank you Mrs. Alexander for appearing here on behalf of the Board. Jasper?
Mr. Jasper Andre: I don't want to get involved ... saying that I do too much,
but I have put in a lot time in the Comprehensive Plan working with the group.
I think what Mrs. Alexander should be adhere to I think we need it very much.
We don't want the news to put in something ... what they think of it. But I
think what that Board has done and have to present to the public. What I think
should be adhere to. So, I think the Commission should recommend her request,
very much so.
Mrs. Gordon: Well, I think this commission. We have no motion on this matter
and maybe we should have to make it official. Do I have a motion from a member
of this commission directing the meeting delineated?
Mr. Plummer: Mr. Andrews, what'll you feel?
Mr. Andrews: If you choose, yes go ahead and adopt a motion of intent to proceed
to develop the kind of information that would be necessary to explain to the people
of Miami what the contents of the Comprehensive Plan are about. As you have done
other major kinds of information and factual supplying to the public.
Mr. Plummer: All right, I'll move it.
Mrs. Gordon: Ok, moved by Commissioner Plummer. S€conded by Commissioner Gibson.
Any discussion on this item? Call the roll please.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 76-701
A MOTION REQUESTING THE CITY MANAGER TO DEVELOP PLANS
FOR INFORMING THE PUBLIC ON THE STATUS OF THE CITY OF
A LIGHT AND ELECTRICAL TRUCK FOR THE FIRE DEPARTMENT.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gig ��, �,.d Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
CONTINUATION: AND, CHAP.2 OF PROVIDING FOR PAYBACK OF CREDI
30, "A"CO DC AMEND CITY EMPLOYEES ABLE SERVICE- LABORERS, WATCH -
RETIREMENT PLAN APRILUUL 1,ly7=W�S-
SEPT30ER�Ql�
Mr. Andrews: Mrs. Gordon, if its appropriate do you want to go back to item /f 13?
I understand that they are ready to have their discussion.
Mrs. Gordon: Ok. Peter?
Mr. Peter Joffre: I say again Good Morning Commissioners and Vice Mayor Gordon.
We're going back to ask; we feel that the ordinance the way it is .. doesn't not
compensate the employees what it should be. Let's go back here, it says, Ordinance
No. 5624, it goes a little beyond that. It goes back to Ordinance 5235,where it
says any employee classified as laborer, watchmen, custodial worker, who's not a
member of the retirement system on April 1, 1959 should not be deemed an employee
within the meaning of this section. And is excluded from membership in the system
not permitted to participate in the system. In Section 2, any employee classified
as laborer, watchmen, custodial worker , who is not a member of the retirement
system on April 1, 1955 shall not be deemed an employee within the meaning of this
section and its excluded from membership in the system and not permitted to partic-
JUL 22197
ipate in the system. Section 3. This ordinance hereby declared to be an emergency
Measure upon ground of urgent public needs. And what I have gathered one of the
teasons this ordinance was passed that it was too much trouble to have these fellows
join the plan because some of these were going on working two or three months and it
was too much paper work. So the reason this ordinance was passed was to make the
fellows- exclude them from the pension so that they would not have to do too much
paper work for the city. And, its my belief now after 21-years to make these fellows
pay back interest and pay this money back it's just not feasible. All we're asking
is that the city pick up the portion from 1955 to 1962. These fellows that were
excluded and I have right here five men that were here working at the city that time
where they weren't allowed to join the pension. And, some of these fellows goes
back at 1947, 1947, even before that time they were told not to join the pension.
If you want to hear from them, their own sides. I'd be more than glad to bring them
up.
Mr. Plummer: Peter, really there's no reason to hear from them. We accept on face
value that they're not a member. The whole thing resolves down to one thing m-o-n-e-y,
what is the cost that you're talking about? More than m-o-n-e-y?
Mr. Weston: There's another aspect to it and that is can the Commission legally do
it? And, the previous City Attorney opinion is that it cannot be legally done.
The reason for this is that the city may not expend public funds for the benefit of
an individual except through the normal pension funds which are held to be compen-
sation for services rendered but this additional payment is above and beyond the
normal pension ordinances as we have does not comply with the manner in which previous
buy -backs have been accomplished. For that reason the City Attorney has held that
we can't do it.
Mr. Plummer: Well, are you holding the same?
Mr. Weston: Yes sir.
Mr. Plummer: Then, the conversation is over.
Father Gibson: Let me ask a question? May I ask this question? I think I've been
around here a little while and I believe I know that the reason they weren't in there
you didn't let them in there, isn't that true? Right! They aren't in because you
didn't let them in there. And, one of the things of the consent decree. The govern-
ment is trying to do all over is to right some wrong and I believe that the City
Commission has the responsibility(affirmative responsibility) of directing the staff
of coming up with a workable solution. Man, I don't want to hear for the rest of my
life what I can't do. I want to talk about what is possible to accomplish. You kncw,
in Mel Reese time I never shall forget you had a man who was retiring who was out of
the pension fund couldn't get a dime. It's a disgrace. The city with all of the
brillancy we have here of knowledge ought to by now find a way to right some of these
wrongs. Man, there's no reason why we got to have wrong always on our conscience.
Let's right some of 'em and I don't want to affect anybody's pension, no. I'm apart
of a pension fund. That's one of the bad things you got with me. Man, we come up
with solutions. And, let me tell you, when I say 'we' taint a black on that pension
board that we have a part in. And, they right those wrongs daily, right 'em daily.
That's why when I raise the issue about these men who are yet bleeding the pension
fund when they die their wives continues to get the benefits. Listen to this! And
they marry another man! You know what we're delighted to give them that doggone
pension. And, I would turn over in my grave if I left a pension for my wife and
she married another man and she continues to get it and not make that guy live up
to his responsibility because he wanted a wife. We have a rule in the pension fund.
You want to re -marry, beautful baby, that's your business, but you let that guy
pick up the tab. One or two things will happen, she'll either die not being his
wife or she'll die with my name and here the pension...these same people, you
remember that discussion, don't want to change and I think the city ought to direct
the departments. The Planning Board, whoever it is, to try to right these wrongs.
Those men are going to die or they're going to retire, do you know what, they'
won't be able to buy no bread and meat. I'm going to end on this . The Mayor and
I and Reboso ran, I don't know what Plummer and Rose did with the Mayor. We ran
and we said to the public one of the only reasons for existence for the City of
Miami is we have one hell of a good Sanitation Department. Do you remember that
REboso? Do you know what and they hate the people getting under this gravy.
Let's right some of these wrongs.
Mr. Andrews: Mrs. Gordon, if I may? Father, I want to make sure that you understand
what is actually being requested here. The Plan Board understands fully its (I belie
a�
JUL 221976
•
its obligations and its responsibilities to include all the employees and this
action that is being taken and if you vote upon this. Its second reading would
provide for these peop]o and others to become members during that period of time
when they were excluded and the city will make its back -payments for them as if
they had made payments at the time they were to become members of that pension
plan for those period of years. What is being asked of you is that in addition
to the city making the payments is that we also pick up the payment that they
normally would have contributed at the time that they would have been employees
and making a normal contribution which at that time, 6, 7 or 8% whatever it was
and its that part that is being requested and only that part that the City Attor-
ney's is addressing himself to that he's saying that they can't legally approve
that, because that begins to constitute a gift. You have, Father, in all honesty
one additional problem that you have to cope with if hard and fast directions were
given and this were achievable. There is a whole body of people that were excluded
for one reason or another who are now city employees who have followed the process
once they were given the privileged of joining for a back period of time. The city
paid its portion. The employee went back and made his contribution as if he were
a member of the plan or system at that point and time.
Mrs. Gordon: Oh, I'm sorry, Father, but I just want a clarification. The Chairman
of the PLan Board might be able to be of some help and assistance in this direction.
We, on the Plan Board, yes, we felt that this in -equity, long-standing in -equity
should be corrected. So we moved forwarded in that direction by getting legal
opinion that we could allow pay back. What I understand is the problem is that
the amount of monies now involved in the pay -back plus the interest on the monies
that were not paid back amounts to such a huge sum that it becomes almost impossible
for the individuals to be able to pay that back. Now, I see it as two separate
items and correct me if I'm wrong. One is the principle, the second is the interest
on that money for pay -backs. Now, Peter are you addressing yourself to the principle
or to the interest or to both?
Mr. Joffre: To both.
Mrs. Gordon: You're asking the city to pick up the principle and the interest or
asking you that the interest be waived? Is that consideration?
Mr. Joffre: I'm asking for both. If you'll willing to give me the other. I can
return that to the men. But right along what we feel, you know , up to 21-years
of asking these men to pay the interest on something that they were not allowed to
belong to.
Mrs. Gordon: That's the item I'm addressing myself too. I'm asking you if you
are willing to address us as two separate items, principle, and interest. Now,
you see I want to point this out to you because we've heard from the law depart-
ment that their are certain legal restrictions on us picking up the pay -back portion.
Thats the principle portion. The portion that they would have paid had they been
paying. And, then there is a second item which I'm going to ask the law department
to address itself too. Can we waive the {'tomrest?
Mr. Weston: The same principle applies. And, let me try to clar'_fy something
Father. I was not saying that they could not join. My prior comment was simply
that the city could not pay -- pick-up payment of the amount for which these
employees and other employees are responsible for paying. Thats the ---
Mrs. Gordon: Well that's the principle now you're addressing yourself to.
Mr. Weston: That's correct. But the interest is also is a part for which all
employees are responsible when they buy back.
Mrs. Gordon: All right, let me ask you another way...
Mr. Weston: But let me go on further. The employees will receive all of this
back they're paying in and their are elections or options under the land which
would provide where if these people were to retire shortly after paying it in
they would get back what they're paying in.
Mrs. Gordon: Yea, they'd get back the principle that the interest of course is
penalty for not having paid it before and they were prohibited from paying it
before. No, let me clarify a point.
Mr. Andrews: Excuse me. Mrs. Gordon I apologize for interrupting you, but that's
not the reason for the interest. It's not a penalty. It's that, that same money
invested for those years that have earned the interest.
JUL 221976
•
Mrs. Gordon: I know. I know, well I call it a penalty for not having been paid
and in an effect that's really what it is. Money not paid. Not drawing an inter-
est and they're required to make that up now. Ok. Now, may I ask you another
point of procedure? Since it wasn't legal as you explained for us to waive inter-
est or principle that's your opinion. Is it legal to defer until retirement the
pay back and interest?
Mr. Weston: It's legal.
Mrs. Gordon: And then it be a deductible from the amount of the payment then.
Mr. Weston: Madame, Vice Mayor, you've asked me a question I haven't really gone
into it deeper, but I believe you probably are right because we do have the precedent
of establishing a period of time over which these pay -backs can be made and if we
stay within any reasonable limit it could be worked out in that manner probably.
Mrs. Gordon: In other words, there are avenues Peter, legal avenues perhaps that
can be pursued to help the financial burden of a large pay -back at one time.
Mr. Weston: It doesn't have to be done at one time. We can set this up for the
military pay -back. It's paid back over an extended period of time. And, that could
be done in this case.
Mr. Plummer: All right, well let's move item 13 now.
Mr. Joffre: You know, the law department claims that you can't go back and pick-up.
Hasn't the city picked up what a police officer --- with discrimination and promotion,
didn't the city pay -back money? Now, what's the difference when somebody was dis-
criminated not being allowed to belong, city pick-up the tab. How do we compensate
this depot?
Mr. Plummer: There's a big difference Peter. That pay -back that you're referring
to is contained within the consent decree. It does not affect the pension. That's
the difference.
Mr. Joffre: Ok. And, in the consent decree what happened to the point of the
pension that was never clarified and its still in there. I never known about it
and as far as I understand the pension involves the period of 55 thru 1962, what
has happened to that part in the consent decree?
Mr. Plummer: Well, it hasn't been signed to answer your question by the Judge.
Mr. Weston: It has been signed but the law under which the consent decree
is being established was not in existence at that particular time Peter. It didn't
come into existence until 72.
Father Gibson: Madame Chairman. Again, I get disturbed that enabled staff as this
cannot come up with a solution. Let me tell you something. I won't preach no
sermon, but that's just my nature. I heard. I heard the man who save the second
-- Rose you might know his name, I missed it, I missed the name. But he was the
second man that seconded the nomination of the Vice President of the Democratic
Party last week. That man made more sense in an a-w-f-ul lot of things I've
heard. That man said, here's an opportunity to right a wrong that we've been
committing for 200 years for the first time in the history of this country we have
a chance to join hands. Here's the nominee from the South(Georgia) the Vice Pres-
ident from the Mid -West. And, all I'm saying is he was talking about we're going
to get together. You know, this is the last vestige of some of those wrongs we've
been doing all these years. Why don't we set about the task to right them? Wipe
that one off our sleeve, get it out of our system, you know, and then we would be
in business. I am disturbed! You know your conscience bother you. You know what's
been happening. Come up with a solution to right that wrong and wipe it off once
and all and then you know, we can go on free. I thought certainly, that if we
can do some ---- I just don't understand if you told me for 21-years I couldn't
be a party to something... that was not an elected thing of mind, that was a pro-
hibited thing of yours. And, I just feel that this Administration, this Commission,
has a moral obligation. Let me end with this, you know that Bible I go by is a
great book. Some of us don't read it, some of us don't like what it says. But
listen what it says, the sins of the Father will fall upon the third and fourth
generation. Let's assume that some of us didn't commit that wrong and you know ,
we shouldn't be held account of it, but we are the sons and daughters of the
Father who did. I didn't say that. Jehovah, Lord God Jehovah said that. I would
hope, I would hope, I would hope that this Commission would set forth, forthwith
30 JUL 221976
to right that wrong!
Mt. Plummer: All right, Rose,
Mrs. Gordon: We have an ordinance that needs to be passed. This is the first
step forward.
Mr. Plummer: Right, let's get the second reading on 13. And, then send it back
to the Administration and the Board.
Mrs. Gordon: Ok. I moved it before so I'll move it again. Commissioner Reboso
is holding the gavel and seconded by Gibson.
Mr. Reboso: So we have a motion and a second for under discussion.
Mrs. Gordon: Under discussion, this is the step what has to be taken which
permits the pay -backs. The next step then in my opinion would be a thorough
investigation of how to handle the situation of the lump -sum payment of what
to do about it. Ok.
Mr. Plummer: This is the amoured car. Now we're looking for the money to put in
it. Let's get the amoured car first.
Father Gibson: On discussion. Mr. Grassie, I want to say about this like they
said about that other item the buck goin' stop with you brother, ok. I wish I'd
remember that and I shall be looking forward to within 60 days at the maximum for
that matter to be on the agenda and some affirmative, positive action recommended.
Mr. Joffre: Is there anyway that I could help Mr. Grassie I'd be more than glad
to help.
Mr. Plummer: Yea, hold the gun while he robs the bank (laughter).
Mr. Weston: Read Ordinance into the record.
Mr. REboso: Ca11 the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI CITY GENERAL EMPLOYEES'
RETIREMENT PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS
AMENDED): AS APPEARING IN CODIFICATION FORM AS A PART
OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
1957, AS AMENDED , BY PROVIDING THAT PRESENT MEMBERS OF
THE PLAN WHO WERE EMPLOYED AS LABORERS, WATCHMEN OR
CUSTODIAL WORKERS BETWEEN APRT_' 1.°55 AND SEPTEMBER
30, 1962 MAY BUY BACK CREI)ITAi3LE SERVICE FOR SUCH PERIOD
OF TIME AND BY PROVIDING THE TERMS AND CONDITIONS OF
ACQUIRING SAID CREDITABLE SERVICE; REPEARLING ALL ORDIN-
ANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSO-
FAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY
PROVISION.
Passed on its first reading by title at the meeting of June l7th, was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Gordon, seconded by Commissioner Gibson, the
ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, and Mr. Reboso
NOES: None.
ABSENT: Mayor Ferre.
ABSTAINING: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8568.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
7
A. AUTHORIZE CITY MANAGER POSSIBLE INCREASE IN FEES FOR
TO STUDY
BUS BENCHES AND MEET WITH M,T,A, ON
POSSIBLE PHASE OUT
Mr. Plummer: Rose, before we continue on let me bring up something that bothers
me. I have a memo from Mr. Andrews dated yesterday about the deplorable condition
in and around bus benches. Mr. Andrews, how long since we've had a rate increase
on the bus benches.
Mr. Andrews: They're under contract now. So I can't say .
Mr. Plummer: When is that contract up?
Mr. Andrews: It seems to me ...
Mr. Plummer: It seems like to me they're on a month -to -month. Thats right. They're
on a month -to -month. I think we ought to have a scheduling of increasing fees for
bus benches and it'll greatly be determined upon the condition of the bus benches.
I make a motion at this time that the City Manager be instructed to look into a
possible revising of the fees relating to bus benches. Let's see how quick they
g:t 'em cleaned up.
Mrs. Gordon: What are the lease agreements?
Mr. Plummer: It's month -to -month Rose. They had a year that ran out and its a
month -to -month.
Mrs. Gordon: I'm not even sure that I even anymore commercial ...
Mr. Andrews: You'll recall, excuse me for interrupting Mrs. Gordon. You'll recall
that the City Administration on several different occasions. Three that I'm aware
of as recommended to the Commission is that we find a way of phasing out commercial
bus benches and that we provide our own bus benches and put -- without any advert-
ising and appropriate type of benches ...
Mrs. Gordon: Right. J.L. will you include something ... broaden it
= Mr. Andrews: And, may I continue ... if you do pass a motion you involve our
continuing to explore with Metropolitan Dade County and transit authority and
their participation in this so that the burden isn't completely on the city.
Mr. Plummer: Fine. I'll include that.
Mrs. Gordon: Including that the possibility of phasing them out and the replace-
ment by either city or county or city and county combination.
Mr. Plummer: Under the latitude, ok. Sure.
Mrs. Gordon: Thats the motion and is there a second? Seconded by Commissioner
Gibson. Discussion on the motion. Call the roll please.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 76-702
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER,
TOGETHER WITH REPRESENTATIVES OF METROPOLITAN DADE
COUNTY AND THE M.T.A. TO STUDY THE POSSIBILITY OF AN
INCREASE IN BUS BENCH FEES AND THE EVENTUAL PHASE -OUT
OF THIS ACTIVITY.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
.JUL 2 21976
52# SUBMIT FEDERAL
GRANT
APPLICATION
VIDEO STAFFING AND RELATED EQUIPMENT
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-703
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT
A GRANT APPLICATION TO THE BUREAU OF CRIMINAL JUSTICE
PLANNING AND ASSISTANCE, DIVISION OF STATE PLANNING,
DEPARTMENT OF ADMINISTRATION, STATE OF FLORIDA, FOR
FUNDING OF THE VIDEO STAFFING AND RELATED EQUIPMENT
PROJECT; PROVIDING FOR AN APPROPRIATION OF $4,628 AS
THE CITY'S CASH MATCHING FUND FROM THE 1976-77 FISCAL
YEAR BUDGET; AND FURTHER AUTHORIZING THE CITY MANAGER
TO ACCEPT THE GRANT AND EXECUTE THE NECESSARY AGREE-
MENTS TO IMPLEMENT THE PROGRAM UPON RECEIPT OF THE
GRANT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr. Plummer, and Vice Mayor, Gordon.
NOES: None.
ABSENT: Mayor Ferre.
33, SUBMIT FEDERAL GRANT JUVENILE OFFENDER DIVERSIONARY PROJECT
APPLICATION
Mrs. Gordon: This item should have some discussion because I'm thoroughly in
favor of an enlargement upon it. So I'm going to read the resolution so that
it may become a part of public record. A Resolution authorizing the City
Manager to submit a grant application to Law Enforcement Administrative
Assistance for JUVENILE OFFENDER DIVERSIONARY PROJECT and further authorizing
the City Manager to implement the program upon receipt of the grant. This project
will address itself to twenty-five hundred (2500) dependent and delinquent youths
with the objective in mind of assuring that over a twelve (12) month period,
ninety percent(90%) of all the juveniles participating in the project will have
been permanently and completely divert -_-71 the Juvenile Justice System. Ladies
and Gentlemen this is probably the most. important action we're taking today and
it would be my hope that we would move forward in more programs of this type. This
is in line with our Youth City Project. It is a gaint step forward and I am happy
to see it on the agenda. Commissioner Plummer, did you move it?
Mr. Plummer: Yes.
Mrs. Gordon: And seconded by Commissioner Gibson. Discussion. Call the roll
please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-704
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO THE BUREAU OF CRIMINAL JUSTICE
PLANNING AND ASSISTANCE, DIVISION OF STATE PLANNING,
DEPARTMENT OF ADMINISTRATION, STATE OF FLORIDA, FOR
FUNDING OF THE JUVENILE OFFENDER DIVERSIONARY PROJECT;
PROVIDING FOR AN APPROPRIATION OF $11,997 AS THE CITY'S
CASH MATCHING FUND FRUM THE 1976-77 FISCAL YEAR BUDGET;
AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AND EXECUTE THE NECESSARY AGREEMENTS TO IMPLEMENT
THE PROGRAM UPON RECEIPT OF THE GRANT.
3.3
JUL 221976
(Here follows body of resolution, omittedd here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Rev. Gibson, Mr. Plummer, Mr. Reboso, and Vice Mayor Gordon.
NOES: NOne.
ABSENT: Mayor Ferre.
34, SUBMIT FEDERAL "POLICE NEIGHBORHOOD SPECIALIST"
APPLICATION
Mrs. Gordon: This is a Resolution authorizing the City Manager to submit a grant
application to Law Enforcement Administrative Assistance, for POLICE NEIGHBORHOOD
SPECIALIST and further authorizing the City Manager to implement the program upon
receipt of the grant. This project will bring the Police Department closer to the
community through the employment of qualified City residents to assist the Police
Officer. The Police Specialist will be recruited directly from neighborhood to
be served. They will be trained in basic law enforcement. Specialist will be
uniformed, but will not have independt arrest power. They will not bear arms.
This is a very important Crime Prevention Program. And, another program that I'm
very happy to see on today's agenda. Moved by Commissioner Plummer. Seconded by
Commissioner Gibson. Discussion on the motion. Call the roll please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-705
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT
A GRANT APPLICATION TO THE BUREAU OF CRIMINAL JUSTICE
PLANNING AND ASSISTANCE DIVISION OF STATE PLANNING,
DEPARTMENT OF ADMINISTRATION, STATE OF FLORIDA, FOR
FUNDING OF THE POLICE NEIGHBORHOOD SPECIALIST PROJECT;
PROVIDING FOR AN APPROPRIATION OF $5,467 AS THE CITY'S
CASH MATCHING FUND FROM THE 1976-77 FISCAL YEAR BUDGET;
AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AND EXECUTE THE NECESSARY AGREEMENTS TO IMPLEMENT
THE PROGRAM UPON RECEIPT OF THE GRANT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
CONFIRM ACTION STORM SEWER WORK IN CONNECTION WITH
35, OF THE CITY MGR, D.O.T. - "OMNI PROJECT"
EMERGENCY PURCHASE ORDER
Mr. Plummer: Move 35.1.
Mrs. Gordon: Ok. City Manager recommends 35.1, which deals with the emergency
Purchase Orders of Intercounty Construction Corporation. All right. Discussion.
Call the roll please.
JUL 2 21976
`he.following resolution was introduced by Commissioner Plummet' who
dozed its adoption:
RESOLUTION NO. 76-706
A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF
THE CITY MANAGER IN ISSUING EMERGENCY PURCHASE ORDERS
TO INTERCOUNTY CONSTRUCTION CORPORATION IN THE TOTAL
AMOUNT OF $7,171; AND AUTHORIZING THE ISSUANCE OF
ADDITIONAL PURCHASE ORDERS IF ADDITIONAL EMERGENCIES
ARISE IN A TOTAL AMOUNT NOT TO EXCELD $11,848 FOR THE
CITY'S PORTION OF STORM SEWER WORK IN CONNECTION WITH
THE DEPARTMENT OF TRANSPORTATION'S CONSTRUCTION IN THE
AREA OF THE DEVELOPMENT OF THE OMNI PROJECT; WITH
PRICES FOR ALL WORK BASED ON BID PRICES RECEIVED BY
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr, Reboso, Rev. Gibson, Mr. Plummer, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
36, TOTEXECUTEZE CAGRETY EMENTER DADEDWER AND MONROEG COUNTIES
Mr. Plummer: Move 35.2 with the stipulation Mr. City Attorney that everything
that is being done here is legal.
Mr. Andrews: May I add for the Commission's benefit this is a continuation of
the program involing thirty-one (31) individuals, positions and they're scattered
through the Building Department, Community Development, Fire, Labor, Police Depart-
ment. They attend school approximately twenty(20) hours a week and are employed
by the city for the balance of the twenty (20) hours.
Mr. Plummer: Move 35.2.
Mrs. Gordon: Moved 35.2 by Commissioner Plt"nmer. Seconded by Commissioner Gibson.
Discussion. Call the roll please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-707
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH METROPOLITAN DADE COUNTY THROUGH
THE MANPOWER PLANNING CONSORTIUM OF DADE AND MONROE
COUNTIES FOR IMPLEMENTATION OF THE CITY'S CAREER
DEVELOPMENT PROGRAM, AMENDING THE AGREEMENT APPROVED
BY CITY OF MIAMI RESOLUTION NO. 76-269, BY INCREASING
THE TOTAL AMOUNT OF THE CURRENT CONTRACT TO $188,925
AND EXTENDING THE TIME OF PERFORMANCE TO SEPTFMBF.R
30, 1976.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Rev. Gibson, Mr. Plummer, Mr. Reboso, and Vice Mayor Gordon.
NOES: None. ,
ABSENT: Mayor Ferre.
JUL 221976
37. QUIT CLAIM DEED - MANUEL AND DIRIAN D, SANCHEZ
Mr. Plummer: Move 36.
Mrs. Gordon: 36 moved by Commissioner Plummer. Seconded by Commissioner Gibson,
Discussion. Call the roll please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-708
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE A QUIT CLAIM DEED CONVEYING TO MANUEL SANCHEZ
AND DIRIAN D. SANCHEZ, HIS WIFE, THE SOUTH 7.50 FEET OF
LOT 3, BLOCK 31, OF IDLEWILD PARK (2-87) AS SHOWN ON THE
ATTACHED HERETO AND MADE A PART HEREOF.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Vice Mayor Gordon
NOES: None.
ABSENT: Mayor Ferre.
33, DIRECT CITY CLERK PUBLIC HEARING FOR OBJECTIONS TO COMPLETED WORK
TO PUBLISH NOTICE
N, E. 59TH STREET HIGHWAY IMPROVEMENT H-4392
Mr. Plummer: Move 37. What's the date for the public hearing?
Mr. Andrews: The first or second meeing in September, one of those two.
Mr. Plummer: Ok. Move it.
Mrs. Gordon: 37, City Manager recommends. Moved by Commissioner Plummer. Seconded
by Commissioner Gibson. Discussion. Call the roll please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-709
A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH
A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE
ACCEPTANCE BY THE CITY CO'MISSION OF THE COMPLETED
CONSTRUCTION OF N.E. 59 STREET HIGHWAY IMPROVEMENT
H-4392 (BID A).
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr. Plummer, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
36
JUI. 2 21976
WAIVE REQUIREMENT
39, OF CONTRACT
DOCUMENTS
FINANCIAL RATING OF .11+AAA
N, E, 83RD STREET PAVING PROJECT
Mrs. Gordon: 38.
Mr. Plummer: Move it.
Mrs. Gordon: City Manager recommends. Moved by Commissioner Plummer. Seconded
by Commissioner Gibson. Discussion.
Mr. Andrews: Mrs. Gordon, I want the record to reflect that this is an additional
effort on the part of the City Commission to provide for minority contractor employ-
ment as a result of this kind of action.
Mrs. Gordon: All right, it's fully understood. Ca11 the roll please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-710
A RESOLUTION WAIVING THE REQUIREMENT OF THE CONTPACT
DOCUMENTS FOR THE N.E. 83 STREET PAVING PROJECT WHICH
REQUIRE THAT A FINANCIAL RATING OF A+AAA BE POSSESSED
BY THE INSURANCE CARRIER ISSUING THE PERFORMANCE BOND
AND INSURANCE FOR SAID PROJECT, AND AUTHORIZING THE
AMENDMENT OF THE CONTRACT DOCUMENTS TO REQUIRE THAT THE
INSURANCE CARRIER ISSUING THE PERFORMANCE BOND AND INS-
URANCE FOR SAID PROJECT ONLY POSSESS A B+BBBB FINANCIAL
RATING.
(Here follows body of resolution, omitted here
and on file in :he Office of the City Clerk)
Upon being seconded by Commissicner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Rev. Gibson, Mr. Plummer, Mr. Reboso, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
WAIVE REQUIREMENT
OF CONTRACT
4U, DOCUMENTS
Mr. Plummer: Move 39.
FINANCIAL RATING OF A+AAA
CONVENTION CENTER -BUILDINGS DEMOLITION 1976
Mrs. Gordon: "30", ok moved by Commis!'._, 0.ummer.
Gibson. Discussion. Call the roll phase..
The following resolution was introduced by Commissioner Flun..ner who
moved its adoption:
RESOLUTION NO. 76-711
Seconced by Commissioner
A RESOLUTION WAIVING THE REQUIREMENT OF THE CONTRACT
DOCUMENTS FOR THE CONVENTION CENTER - BUILDINGS DEMOL-
ITION - 1976 WHICH REQUIRE THAT A FINANCIAL RATING OF
A+AAA BE POSSESSED BY THE INSURANCE CARRIER ISSUING
THE PERFORMANCE BOND AND INSURANCE FOR AID PROJECT,
AND AUTHORIZING THE AMF.":DEMENT OF THE CON'R4CT DOCUMENTS
TO REQUIRE THAT THE INSURANCE CARRIER ISSUING THE PER-
FORMANCE BOND AND INSURANCE rOR SAID PROJECT ONLY POSS-
ESS A B+BBB3 FINANCIAL RATING.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Si.bson, the resolution was
Visaed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Vice Mayor, Gordon.
NOES: None.
ABSENT: Mayor Ferre.
7
.itil. 2 2 1976
dr
4i, AWARD BID - CONVENTION CENTER - BUILDINGS DEMOLITION
Mr..Plummer: Move 40.
Mrs. Gordon: Ok. Moved by Commissioner Gibson. Seconded by Commissioner Plummet.
City Manager recommends. Call the roll please.
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 76-712
A RESOLUTION ACCEPTING THE BID OF GARCIA EQUIPMENT
CORPORATION IN THE AMOUNT OF $5,700 FOR THE CONVEN-
TION CENTER - BUILDINGS DEMOLITION - 1976; ALLOCAT-
ING THE AMOUNT OF $5,700 FROM THE ACCOUNT ENTITLED
"CONVENTION CENTER BOND FUNDS" TO COVER THE PROPOSED
CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE
AMOUNT OF $627 TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID ACCOUNT THE AMOUNT $200 TO
COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr. Plummer, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
42, AWARD BID - N. E. 83RD STREET PAVING PROJECT B-4397
Mr. Plummer: I want to ask a question before I second it. Why is the wording
lowest responsible bid rather than the lowest bid?
Mr. Andrews: Proper terminology.
Mr. Plummer: This is the lowest bid? Fine. I second the motion.
Mrs. Gordon: Seconded by Commissioner Plummer. Discussion. Call the roll please.
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 76-713
A RESOLUTION ACCEPTING THE BID OF METRO CONTRACTORS
CO., INC. IN THE AMOUNT OF $7,774 FOR N.E. 83 STREET
PAVING PROJECT B-4397 (2ND BIDDING) ALLOCATING THE
AMOUNT OF $2,332 FROM THE ACCOUNT ENTITLED "HIGHWAY
BOND FUNDS" TO COVER THE BALANCE OF THE CONTRACT
COST; 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 Plummer, the resolution was
passed and adopted by the following vote:
AYES: Rev. Gibson, Mr. Plummer, Mr. Reboso, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
38
JUL 221976
43. AWARD I b i DRAINAGE PROJECT A-5
The following resolution was introduced by Commissioner Gibsottwho
moved its adoption:
RESOLUTION NO. 76-714
A RESOLUTION ACCEPTING THE BID OF DICK MORTON, INC.
IN THE AMOUNT OF $43,557.82 FOR DRAINAGE PROJECT
A-6; ALLOCATING THE AMOUNT OF $43,557.82 FROM THE
ACCOUNT ENTITLED "STORM SEWER BOND FUNDS" TO COVER
THE PROPOSED CONTRACT COST; ALLOCATING FROM SAID
ACCOUNT THE AMOUNT OF $4,791 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE
AMOUNT OF $871.18 TO COVER THE COST OF SUCH ITEMS
,AS ADVERTISING, TESTING LABORATORIES AND POSTAGE;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
44, AWARD BID - DEVELOPMENT OF 46 !'JEST FLAGLER MINE RK
Mr. Plummer: Move 43. Finally. How long is it going to take to complete that?
Mrs. Gordon: I don't believe it.
Mr. Plummer: Three months. Can you cut it to two?
Mrs. Gordon: Mr. Andrews, I can't tell you how many people have asked me what's
happened to that park. I'm very happy to see this on the agenda today.
Moved by Commissioner Plummer. Seconded by Commissioner Gibson. And, I'm going
to read it. Because I think a lot of nec-.1, o'ould like to know why I'm so
elated.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-715
A RESOLUTION ACCEPTING THE BID OF C. A. DAVIS, INC.
IN THE AMOUNT OF $146,200 FOR THE CONSTRUCTION OF
46 WEST FLAGLER MINI -PARK; ALLOCATING THE AMOUNT OF
$146,200 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS AND
RECREATIONAL FACILITIES BOND FUND" TO COVER THE
PROPOSED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT
THE AMOUNT OF $2,924 TO COVER THE COST OF PROJECT
EXPENSE; ALLOCATING FROM SAID ACCC, Ni' 'l dE AMOUNT OF
$2,924 TO COVER SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr. Plummer., and Vice Mayor, Gordon.
N2W T:
JW. 22 976
40)6 AWARD BID - VELODROME
Mt. Andrews: Now, Mrs. Gordon before we talk about . I'll wait until you get'
a second and then I wished to be heard.
Mrs. Gordon: Item 1l 44., who's moving that? Moved by Commissioner Gibson. Is
there a second? Commissioner Reboso, ok, seconded. Ok. Discussion, Manager.
Mr. Andrews: Madame Chairman and members of the Commission. Will you hold up
the map please showing the location of the Velodrome. When we initially presented
to the City Commission location of the Velodrome We had located it on property
that was within the designated area of the Marine Stadium which is identified in
a parcel deed that we received from the County and the County has interpreted that
deed to be solely for the purposes of Marine activity. So, we were not able to
locate the Velodrome in precisely the location that we had shown you. We want to
show you the new location. It's moved to the north site slightly out of the way
of that area in which the County is involved. The County, through their planning
processes has taken a position that this is something that they questioned that
should be located on Virginia Key because it is not Marine originated. We take
e::ception to that because we think we'll end up with a lot of facilities that are
not necessarily Marine originated. Example:There will be a significant camp ground
that will developed. That is recreational in nature. We realize its next to
water but its primarily a camp ground. The treatment plans have been
built there and we've just recently gone through a process of taking 60 acres of
land in that site to add on additional sewerage treatment facilities. So there
is precedent for using the property for other than Marine purposes. We thin;: this
is a proper and appropriate use and you'll note now these location changes slightly
to the north and its completely acceptable. The contractor is willing to construct
it there rather when you first placed it and I'm recommending that we proceed with
this.
Mrs. Gordon: No objectors whatsoever. Ok. All right, in that case we have a
motion by Commissioner Gibson. Seconded by Commissioner Reboso to award the bid
to Webb General Contracting for the Velodrome. Discussion.
Mr. Plummer: How long will it take?
Mr. Andrews: I'm not sure. Maybe Mr. Grimm has the answer.
Mr. Plummer: Does that include lightening or not?
Mr. Andrews: Yes it does.
Mr. Grimm: The contract involves for 100 working days Commissioner Plummer.
Mr. Plummer: Call the roll.
Mrs. Gordon: Call the roll please.
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 76-716
A RESOLUTION AWARDING THE BID OF WEBB GENERAL CONTRACTING,
INC., IN THE AMOUNT OF $185,698.00 FOR VELODROME - 1976
(2ND BIDDING); ALLOCATING THE AMOUNT OF $185,698.00 FROM
THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES
BOND FUND" TO COVER THE PROPOSED CONTRACT COTS; ALLOCATING
FROM SAID ACCOUNT THE AMOUNT OF $20,426.78 TO COVER THE
COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE
AMOUNT OF $3,713.22 TO COVER THE COST OF SUCH ITEMS AS
ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AUTHORIZING
AND DIRECTING THE BUILDING DEPARTMENT TO ISSUE A SPECIAL
BUILDING PERMIT WITH FINAL APPROVAL OF SAID PROJECT COND-
ITIONED UPON CONSTRUCTION OF A COMFORT STATION AND PARKING
FACILITIES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
do
JUL 2 21976
(Mere follows body of resolution, omitted
dhere
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr. Plummer, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
46, AWARD BID - WAINWRIGHT PARK DEVELOPMENT - 1975
Mr. Grimm: Mrs. Vice Mayor, at the last meeting remember the Mayor questioned
awarding this contract without having an opportunity to view it, Going in
thedo
park. I took the liberty of having a model made showing what we proposed
and photographs of similar building
thhaat we built and if you wish to look at it
on your way to lunch its out in the
Mr. Plummer: It's beautiful, I've seen it.
Mrs. Gordon: Ok. Call the roll please on item 1 45.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-717
A RESOLUTION ACCEPTING THE BID OF ORLANDO MENDEZ, INC.
IN THE AMOUNT OF $116,900 FOR WAINWRIGHT PARK- DEVELOP-
MENT - 1975; ALLOCATING THE AMOUNT OF $116,900 FROM THE
ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES
BOND FUND" TO COVER THE PROPOSED CONTRACT COST; ALLOCAT-
ING FROM SAID ACCOUNT THE SUM OF $12,859 TO COVER THE
COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT
THE ACCOUNT THE AMOUNT OF $2,338 TO COVER THE COST OF
SUCH ITEMS
ANDSAUTHORIZINGGTHEECITYGMANAG RTTOIES EXECUTE A
POSTAGE;
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following voReboso, and Vice Mayor, Gordon.
te:
AYES: Rev. Gibson, Mr. Plummer,
NOES: None.
ABSENT: Mayor Ferre.
JUA. 2 2 1975
i
471 AWARD BID- 2- DOIGE "DARTS" AUTOMOBILES
The following resolution was introduced by Commissioner Gibson who
Moved its adoption:
RESOLUTION NO. 76-718
A RESOLUTION ACCEPTING THE BID OF COLONIAL DODGE,
INC. FOR FURNISHED THE DEPARTMENT OF PUBLIC PROP-
ERTIES WITH TWO DODGE DARTS AT A TOTAL COST OF
$7,318.82; ALLOCATING THE AMOUNT OF $3,659.41 FROM
"PUBLIC PARKS AND RECREATIONAL FACILITIES BOND FUND"
AND THE AMOUNT OF $3,659.41 FROM "CONVENTION BOND
FUND"; AUTHORIZING AND DIRECTING THE CITY MANAGER
TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE
PURCHASE ORDERS FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
48, AWARD BID - 1-TON CAB AND CHASSIS WITH STAKE BODY
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-719
A RESOLUTION ACCEPTING THE BID OF GMC TRUCK & COACH
DIVISION FOR FURNISHING THE FIRE DEPARTMENT WITH A
ONE TON CAB, CHASSIS WITH STAKE BODY TRUCK, AT A
TOTAL COST OF $7,158.25; ALLOCATING FUNDS FROM 1975
-76 FEDERAL REVENUE SHARING FUNDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr. PLummer, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
JUL 2 21976
40. AWARD BID - MOBILE RESPIRATOR AIR TRUCK
The following resolution was introduced by Commissionet ?]unmet who
moved its adoption:
RESOLUTION NO. 76-720
A RESOLUTION ACCEPTING THE BID OF MAKO ENGINEERING
FOR FURNISHING THE FIRE DEPARTMENT WITH ONE MOBILE
RESPIRATORY AIR TRUCK AT A TOTAL COST OF $72,702;
ALLOCATING FUNDS FROM FEDERAL REVENUE SHARING FUNDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Rev. Gibson, Mr. Plummer, Mr. Reboso, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
50, AWARD BID - VEHICLE PARTS & ACCESSORIES
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-721
A RESOLUTION ACCEPTING THE BIDS RECEIVED FROM NINETEEN
(19) SUPPLIERS OF VEHICLE PARTS AND ACCESSORIES FOR
FURNISHING VEHICLE PARTS AND ACCESSORIES FOR USE BY THE
DEPARTMENT OF PUBLIC PROPERTIES, FOR ONE (1) YEAR FROM
DATE OF AWARD, TO BE USED BY THE GARAGE AND MOTOR POOL
DIVISIONS; AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ENTER INTO PURCHASING CONTRACTS WITH THESE SUPPLIERS
FOR THE PURCHASE OF SAID MATERIAL, AS NEEDED, AT A
TOTAL ANNUAL COST NOT TO EXCEED $240,000.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
y3
AWARD BID - 5 "WEED EATERS"
The following resolution was introduced by Commissioner Gibson Who
moved its adoption:
RESOLUTION NO. 76-722
A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING
THE DEPARTMENT OF PUBLIC PROPERTIES WITH RIGHT OF WAY
EQUIPMENT: BID OF VERMEER S.E. SALES & SERVICE FOR ONE
STUMP CUTTER AT A TOTAL COST OF $4,495; BID OF ACE LAWN-
MOWER FOR FIVE WEED EATERS AT A TOTAL COST OF $1,193.50;
BID OF DeBRA TURF & INDUSTRIAL EQUIPMENT FOR ONE ROTARY
MOWER WITH SULKY AT A TOTAL COST OF $1,399.00; ALLOCAT-
ING FUNDS FROM FEDERAL REVENUE SHARING FUNDS; AUTHORIZING
AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING
DEPARTMENT TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr. Plummer, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
52, AWARD BID - FIRE HOSE
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-723
A RESOLUTION ACCEPTING THE BID RECEIVED FROM BISCAYNE
FIRE EQUIPMENT CO., INC., FOR FURNISHING FIRE HOSE
FOR THE FIRE DEPARTMENT AT A TOTAL COST OF $17,834.00;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT
THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS FOR
THIS MATERIAL TO BE FUNDED BY THE GENERAL FUND UNDER
THE 1975-76 FISCAL BUDGET.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Rev. Gibson, Mr. Plummer, Mr. Reboso, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
NH
JUL 221976
53, AWARD BID - 100 ASBESTOS PLANTERS
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-724
A RESOLUTION ACCEPTING THE BID OF STEEL FABRICATORS,
INC. FOR FURNISHING THE DEPARTMENT OF PARKS AND REC-
REATION WITH 100 ASBESTOS CEMENT PLANTERS AT A TOTAL
COST OF $14,484; ALLOCATING FUNDS FROM THE FEDERAL
GRANT, BICENTENNIAL BAYFRONT PARK (TITLE X).
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
54, AWARD BID - 200,000 GALLONS OF EMULSIFIED ASPHALT
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 76-725
A RESOLUTION ACCEPTING THE BID OF CENTRAL OIL ASPHALT
COPORATION FOR FURNISHING THE DEPARTMENT OF PUBLIC
WORKS WITH EMULSIFIED ASPHALT, AS NEEDED, ON A CONTRACT
BASIS FOR ONE YEAR FROM DATE HEREOF, AT A COST NOT TO
EXCEED $58,000; ALLOCATING FUNDS FROM THE 1975-76 AND
1976-77 FISCAL YEAR BUDGETS; AND AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE
PURCHASE ORDERS, AS NEEDED.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr. Plummer, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
Z/6--
JUL 22 MR
41,
55, AWARD BID - UNIFORMS - CITY WIDE
The following resolution was introduced by Cormissiofet Gibson who
Mowed its adoption:
RESOLUTION NO. 76-726
A RESOLUTION ACCEPTING THE BID OF JULES BROTHERS
UNIFORMS FOR FURNISHING VARIOUS CITY DEPARTMENTS
WITH WORK UNIFORMS, AS REQUIRED, AT A UNIT COST,
FOR ONE YEAR FROM DATE HEREOF; AT A COST NOT TO
EXCEED $51,962.45; ALLOCATING FUNDS FROM THE
1975-76 AND 1976-77 FISCAL YEAR BUDGETS; AND
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS,
AS NEEDED.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Reboso, the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr. Plummer, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
56, AWARD BID - MICROFILM EQUIPMENT & SUPPLIES
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 76-727
A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING
THE BUILDING DEPARTMENT WITH MICROFILM EQUIPMENT AND
SUPPLIES AND REPRODUCTION EQUIPMENT AND SUPPLIES: BID
OF ITEK GRAPHICS PRODUCTS FOR ITEM 1 AT A COST OF $10,915;
BID OF XEROX CORPORATION FOR ITEMS 6a. AND 7 AT A COST
OF $12,167.18; BID OF BELL & HOWELL FOR ITEMS 2,3a, 4,5,
8, 8a, 9a, 9b, 9d AT A COST OF $60,529.45, FOR A (.RAND
TOTAL OF $83,611.63; ALLOCATING FUNDS FROM FEDERAL
REVENUE SHARING FUNDS; AND AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PRUCHASE
ORDERS FOR THE AFORESAID EQUIPMENT AND SUPPLIES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
u6
JUL 2 219id
•
57, AWARD BID - IRRIGATION SUPPLIES FOR FERN ISLE PARK
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 76-728
A RESOLUTION ACCEPTING BIDS FOR FURNISHING IRRIGATION
SYSTEM SUPPLIES FOR FERN ISLE PARK FROM A & B PIPE
AND SUPPLY COMPANY FOR PIPE FITTINGS AT A COST OF
$6,544.07; FROM MELROSE SUPPLY AND SALES FOR PIPE,
BOTH PVC AND GALVANIZED AT A COST OF $3,381.25;
FROM PENINSULAR SUPPLY COMPANY FOR SPRINKLER HEADS,
CLEANER, AND CEMENT AT A COST OF $1,542.37; FROM
HAMILTON TURF IRRIGATION COMPANY FOR VALVES AT A COST
OF $2,153.50; FROM LEHMAN PIPE AND PLUMBING SUPPLY INC.
FOR NIPPLES AT A COST OF $650.71; AND FROM STATE
SUPPLY COMPANY FOR SPRINKLER HEADS AT A COST OF $1,102.
62, FOR A GRAND TOTAL OF $15,374.52; ALLOCATING FUNDS
FROM THE 1972 PARKS AND RECREATION FACILITIES BOND FUND.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mr. Plummer, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
AUTHORIZE CITY MANAGER LIGHT AND ELECTRICAL TRUCK
58, TO PROCEED WITH DESIGN FOR THE FIRE DEPARTMENT
AND IMMEDIATE DELIVERY
Mr. Plummer: Mrs. Gordon, let me bring up, and I'll revert back to the item which
I'm very happy to see the Manager has proceeded with and that was in reference to
a piece of equipment for the Fire Department. And, I have concurred with him that
this unit which we bought today is a life-saving equipment which is for the air
tanks to refill. Now, I would like to propose at this time a motion. One addit-
ional piece is desperately needed by the Fire Department and all we want to do
today is to give the authorization to the Manager to proceed with design and im-
plementation. He is not totally aware of cost, but it would be in the neigh-
borhood of $75,000.00 -- $78,000.00, which is a light and and electric truck. It's
a vehicle that I know and I'm sure you all do that one of the firFc things that
is done of a fire is all that all the electricity is turned off, which gives them
no availability for light or things of that nature and I would be happy to enter-
tain a motion at this time that the Manager be instructed to proceed with design
and or immediate delivery to this city of an emergency light truck for the Fire
Department and I offer that in the form of a motion.
Mrs. Gordon: All right, there's a motion made by Commissioner Plummer. Seconded
by Commissioner Gibson. Discussion on the motion, This will come back to us in
the form of a resolution later today.
Mr. Plummer: Well, I'm sure for final price, yes.
Mrs. Gordon: Right. I think we need a resolution, don't we ...
Mr. Andrews: Well, we'll proceed and the City Attorney can bring the resolution
later, September... but the Administration proceed because specifications will be
designed. Bids will be received and when they're received they'll come back to
the Commission for award and that's when the decision will have been reached.
And, you will have the flexibility then of going to the bond issue assuming it will
be successful in the meantime.
Mr. Plummer: But if it's not?
Mr. Andrews: There are other means...
.II1U 97 "1'171
Mt, Plummer: Thats right. I want to make sure that its ordered. Fine.
If the bond issue passes thats great, let it come from there. But if it
doesn't its definitel, ordered.
Mrs. Gordon: Just wanted to know whether was all you needed for you to proceed,
or do you need a resolution?
Mr. Andrews: No, a motion is all that's needed.
Mrs. Gordon: Ok. Fine. Then, will you call the roll please?
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 76-729
A MOTION AUTHORIZING THE CITY MANAGER TO PROCEED
WITH THE DESIGN AND IMMEDIATE DELIVERY TO THE
CITY OF A LIGHT AND ELECTRICAL TRUCK FOR THE
FIRE DEPARTMENT.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Vice Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
59, CITY MANAGER PENSION EMOLUMENTS
Mr. Andrews: I have prepared for the City Commission... The matter that I want
to discuss is the City Manager Pension Emoluments. And, I want to clarify I went.
back to the record to indicate that you had not talked to Mr. Grassie and Mr.Grassie
at that point n time had not accepted. He was up stairs in my office waiting
•
for me to report the results of the meeting that we had together As far as
discussing the terms of bib employment. I came back to the City Commission and I
enumerated those and those are part of the official public record. And, from that
record I refreshed my memory because I wanted to be sure that what I had said was
accurate and I was careful in indicating to the Commission in using the Internation-
al City Manager's Association as an example of the type of pension program that
the manager and future managers may choose to join in devising this alternate
method of providing a pension emolument for the City Manager. Now, I supplied you
with a memorandum on July 15th. The exact contents of that memorandum have been
converted to an ordinance and that ordinance is available before you. And, I'm
recommending that you adopt this. Is this on an emergency --this is not on emergency.
Is this first reading? Well, that's a matter of--- I would classify it as an
emergency for this point in that Mr. Grassie will be becoming the City Manager at
5:00 on the 30th of July. You will not be meeting probably before then, but maybe
so its not challenged in anyway and there is absolutely no problem. You can adopt
it on first reading.
Mr. Plummer: You're recommending it?
Mr. Andrews: Yes,I recommended this ordinance. And, I'll skip the emergency.
(tie then reads the ordinance into the record.)
Mr. Plummer: The first reading with the understanding that copies will be made
available to the Commissioners for further investigation and to both Boards. I'll
move it on first reading.
Mr. Andrews: Fine. You have copies.
Mr. Plummer: But I haven't studied them. I'll move it on first reading.
Mrs. Gordon: Motion to move it on first reading by Commissioner Plummer. Seconded
by Commissioner Gibson under discussion.
Father Gibson: Are you saying to me that we will set aside the given sum of money
or what that amount of money would be in a separate account?
Y,P
JUL 2219/6
1r. Andrews: Father, what we're saying is we're taking a situation in which the
City Manager, who normally would become part of the pension plan) He would
make a contribution and the city would make a contribution using that exact same
formula. We're going to set-up an account over which the Director of Finance
will be responsible and that same contribution will flow to an account, if the
City Manager leaves before 5 years, all he will be entitled to receive is that
money which he has put into that account; not what the city has put in. If he
should after he passes the 5 year period,if he should leave the city for what-
ever reason at the end of the 7th or 8tb year between the 5th and loth year, he
then has the privilege of putting the Finance Director on notice that he wants
those monies that have been accumulated in the past as described transferred to
another trust. If he stays with the city beyond the 10 year period (he or she)
beyond the 10 year period then those monies that have accumulated in that special
account that the Finance Director has in tact, that those monies would be then at
the option of the Manager, transferred to the pension plan and he will have the
privilege of joining the pension plan and he would then have a vested right at the
end of the 10 years.
Mr. Plummer: But he also has the right to take all of the cash that's in that
account.
Mr. Andrews: ---- He would have the privilege of transferring i Aanother trust.
We didn't intend that he have the privilege of taking all the money out, no.
Mr. Plummer: Well, why would you deny him that right?
Mr. Andrews: Because then you'll --- he has the right to take it but to transfer
it to another trust.
Mr. Plummer: But why are you limiting his ability ? In other words, what I'm saying
is at the end of 10 years he wants to take that money in a lump sun, what difference
does it make us?
Father Gibson: Yes,it does make a difference! It does make a difference!
Mr. Andrews: It defeats the purpose of a pension plan and you get into an area
that's kind of gray and ...
Father Gibson: Not only that!
Mr. Andrews: I want Mr. Grassie to speak to that as far as his wishes and his
and ...
Father Gibson: Well, let me say... I'm going to say what my vote is going to be
predicated upon, ok. I'm unalterably opposed! I'm unalterably opposed of anybody
being able to take city funds and take it with them! City funds are provided so
that a person who works for the city can always retain a city amount of respect-
ability. That's what pensions are for that he may invest other than and
I'm going to be opposed to it. I thought I heard and I want to make sure every-
body understand it.
Mr. Andrews: Father, so there's - so there's absolutely no misunderstanding he
does have the option in this between the 5th and the loth year and thereafter to
have these funds transferred in trust to another trust. He does not controi :.lose
monies and it serves then the purpose of a pension and not monies that he can take
and invest it. If he wishes not to take advantage this emolument thats offered to
him and he leaves the city and he wants cash in hand without transferring to a
trust, he then has only that which he has placed into the trust.
Father Gibson: His portion; not ours.
Mr. Plummer: Mr. Grassie are you happy with this ordinance? You will give us your
input between the first and second reading, ok. I'll move it on first reading ---
oh, it's already moved.
Father Gibson: I seconded it on the first reading with the definite understanding
that I ain't going_to vote none of the taxpayers money where he can take it later
on. Counselor I see you frowning, you better tell me.
Mr. Weston: I'm not sure I understand what you're saying Father. I think there
would be a time when you would not be opposed to this taking taxpayers mcney just
like any other employee would be when they've secured vested rights. But if he
y9
JUL 221976
leaves prematurely ;•o'don't want him to take the taxpayers money,
Father Gibson: And, let me make sure. You see, I'm not about to create, you know,
an account for him. I am prepared to vote to taxpayers money so that later on he
would not look like a scapegoat having worked for us as the City Manager. You
follow me?
Mr. Weston: Yes,sir.
Father Gibson: I don't want him to have the taxpayers money to do other than that,
ok?
Mr. Weston: Yes,sir. Let me just add one thing. The purpose of pensions is to
encourage long faithful service and this is similar to what you're saying and thats
the way we're trying to write it. That he would have to have served a specified
time before he can be entitled to any taxpayer's money. If he goes prematurely
he only gets his own contribution back.
Father Gibson: Yes. But let me say another thing that is not being said. Let's
assume he stays here 10 years. I don't want this ordinance to mean that after 10
years he can take out the taxpayers portion.
Mr. Weston: As I read it Reverend, it provides that he can transfer over into the
plan after 10 years.
Father Gibson: ONLY. ONLY.
Mr. Weston: Yes,sir. That's right.
Father Gibson: Ok. You see I happen to know what could happen.
Mr. Weston: I understand what you're getting at.
Father Gibson: Right!
Mr. Andrews: All right, Mr. Grassie, after he's had an opportunity to -- the
ordinance tracks the memorandum I've prepared and if the Commission adopts this
on first reading there will be plenty of time to discuss this further on second
reading. Mr. Grassie will be involved. He will have a thorough understanding
by that time of what is required and they can discuss it with the Commission.
Father Gibson: Call the roll.
Mr. Southern: This is on first reading only. It's set-up as an emergency measure.
Mr. Plummer: No, he didn't read it that way.
Mrs. Gordon: No, it's not being handled on an emergency. It's been read on a
first reading. And, will you call the roll? Excuse me just a minute, Peter did
you want to say something.
Mr. Peter Joffre: Now, do I understand he's coming into our pension plan, correct?
Mr. Andrews: No.
Mr. Peter Joffre: You are starting a new pension plan for him completely away from
our pension plan? Is that understood? He has nothing to do with our pension? The
money he's going to be deposited in a special account.
Mr. Weston: Except that after 10 years he can transfer over into the pension.
Mr. Peter Joffre: In other words, you're giving him a chance to buy back...
Mr. Weston: No, no.
Mrs. Gordon: No, no, he's just transfer from one depository to another in other
words.
Mr. Weston: The money will be available in the entire amount which the pension
plan would have received will be in this special fund. All of that money would
at that time be transferred over into the plan fund and he would be at that time
,so
JUL 2 21976
treated as any other member of the plan.
Mts. Gordon: Together with all interest that has accrued on it. Is that correct?
So therefore what you're pointirg out is there will be no...
Mr. Peter Joffre: Correct. Now, here's my other problem after his llth year he
would have vested rights, correct?
Mr. Andrews: 10 years.
Mr. Peter Joffre: 10 years. I'm saying 11 years vested rights. Now right there
we get another discriminatory ordinance because we in our plan takes 15 years for
investment rights.
Mr. Weston: I don't understand what you are saying investment rights.
Mr. Andrews: It was a condition of employment.
Mr. Joffre: Then you turn around and make another ordinance, --back in our plan, --
discriminatory.
Mr. Andrews: But everybody in the plan is not a City Manager. This is a condition
of employment that the Commission specifically wishes to achieve.
Mr. Joffre: What we are doing is making favors for certain people, again, whether
it is the City Manager, or director or what, we are turning around and making
special privileges.
Rev. Gibson: Let me tell you what was in my mind when I was talking. The money
that he would getting would aid that pension fund in doing more than it would be
able to do otherwise.
Mr. Plummer: Maybe.
Father Gibson: Well, that's questionable. I know one thing it won't hender it.
Mr. Plummer: Yea, it could.
Father Gibson: No it hender it. He comes in with only rights based on the number
of years based on the ruling.
Mr. Plummer: Yea, but it depends on what percentage the fund makes and what
percentage the investment would make.
Father Gibson: Well, I assume that what he will get. But what this man is saying
has some merit. And, that's the kind of thing I had in the back of my mind.
Mr. Plummer: Well, Father it's no more... let me just put it this way. It's no
more discriminatory in my estimation. An employee when he goes to work for the
city he goes to work with two weeks vacation. Yea, two week, ten days, whatever it
is. When you're first employed for the city. Right off the bat as terms of his
employment we gave him 30 days. Sure it's discriminatory . It's not the same
as the regular employee, but he's the Manager. It's a term of employment.
Mrs. Gordon: Right, it's not a civil service classification. That's all. Father
it's no difference ...
Father Gibson: But, let me point out something. It seems to me that we ought to
say to people who comes to work for the city.
Mr. Plummer: Let's leave Mr. Grassie out because this is to the position.
Father Gibson: That's ritiht. Let's forget about the position. I want you to note,
what I think. It seems to me that we should say to people who comes to work for
the city, you have a right to do one or two things join our pension fund and these
are the rules: or if you don't want to be in our pension fund and you have a nations
pension fund, you have that right and that we have the correspondence responsibility
to pay our portion and he pays his portion. Otherwise, you know what happens.
What this man is stating that he then elects to get an equity that he didn't have
to earn, that's what he's saying.
22 1976
Andrews: Except Father, the pension system - the pension programs that we
have in the city a:- designed to encourage people to make professional careers
in the City of Miami and I pointed out to this City Commission that its very,
very, unusual for a City Manager to hold 10 years in any city for 25 years to
gain the advantage or even 15 :ears to gain the advantage of becoming part of the
pension program. If you're going to attract professional people in the City
Manager profession in the future. I think that you have to have a plan of this
type that you can offer them to attract them here. It's one of the first things
that they ask about. Do I have this flexibility?? Can I make arrangements with
your municipality to join the plan if that's a better plan if that's a better
to me as long as its worked out and orderly carried out? Managers throughout the
country, the average 10 years, perhaps 5 to 7 years at any one location and that
was the reason for these special kinds of arrangements between 5th year and the
loth year, so that for a City Manager. In my judgment, staying with the city for
10 years as City ManaZer he has as much vested rights as someone else who is
required to have 20 years of vested rights.
Mr. Plummer: But more importantly Paul, is that it doesn't cost the taxpayers any
more money. That's the important point.
Mr. Andrews: It does not. It gives flexibility to the Commission and the Manager
they employed. I tried to design a system that met all of the Commissioners
requirements , the future manager, Mr. Grassie in this case in particular and
satisfy the requirements of the pension plan.
Father Gibson: All right, this is the first reading....
Mrs. Gordon: Would you call the roll please on that. Peter you're through aren't
you? Ok.
AN ORDINANCE ENTITLED -
AN ORDINANCE PROVIDING FOR THE RIGHT OF THE CITY MANAGER,
ON AND AFTER AUGUST 1, 1976, TO REJECT MEMBERSHIP IN THE
MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN (ORDINANCE
NO. 5624, MAY 2, 1956, AS AMENDED) WITHIN 30 DAYS FROM
HIS CMIENCEMENT OF EMPLOYMENT AS CITY MANAGER; FURTHER
AUTHORIZING ESTABLISHMENT OF A SEPARATE ACCOUNT IN THE
OFFICE OF THE DEPARTMENT OF FINANCE TO CONTAIN DEPOSITS
OF THE CITY'S CONTRIBUTION AND THE CITY MANAGER'S CONTR-
IBUTIONS UPON THE SAME BASIS AS WOULD EXIST IF THE CITY
MANAGER WERE TO BELONG TO THE AFORESAID RETIREMENT PLAN;
PROVIDING FOR THE PAYMENT TO THE CITY MANAGER OF ALL
MONIES HELD IN THE AFORESAID ACCOUNT IN THE EVENT OF
EMPLOYMENT TERMINATION PRIOR TO THE COMPLETION OF 5 YEARS;
FURTHER PROVIDING FOR THE TRANSFER TO A PUBLIC TRUST FUND
DESIGNATED BY THE CITY MANAGER OF ALL MONIES HELD IN THE
AFORESAID ACCOUNT IN THE EVENT OF EIPLOYMENT TERMINATION
AFTER THE COMPLETION OF 5 YEARS AND PRIOR TO THE CO'2LET-
ION OF 10 YEARS; FURTHER PROVIDING FOR THE OPTION OF EN-
JOYING ALL RIGHTS, PRIVILEGES, AND BENEFITS UNDER THE
MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN AT THE
COMPLETION OF 10 CONSECUTIVE YEARS OF EMPLOYMENT AS CITY
MANAGER, UPON THE TRANSFER TO THE RETIREMENT BOARD OF THE
AFORESAID PLAN OF ALL MONIES HELD IN THE AFORESAID SEPARATE
ACCOUNT ESTABLISHED HEREUNDER; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS
THEY ARE IN CONFLICT; AND PROVIDING A SEVERABILITY PROVISION.
Was introduced by Commissioner Plummier and seconded by Commissioner Gibsonand
passed on its first reading by title by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
ABSTAINING: NOne.
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of the
City Commission and to the public.
JUL 2 21976
lit
6O. DISCUSSION ITEM: CITY MANAGER PROPOSAL FOR NEW FORMULA
COST OF LIVING ADJUSTMENTS
Mrs. Gordon: Mr. Andrews, item /B is the report on the formula for retirees
pension. Are you ready to report on that?
Mr. Andrews: Yes, I discussed this with the Commission briefly, but I want to
make sure the Commission understands that I understood very, very clearly and
the committee that you appointed understood very clearly what the intention is
of the City Commission and I want to state it once again, so we all have the
same understanding and that is that City Commission wanted a formula design so
that when a cost of living granted for the regular employees the formula would
come into place so that if the Commission chose to give an emolument to the
retirees in terms of a cost of living adjustment the formula would be in place
and it would be a matter of the Commission saying'y€s we do, or no we don't'
and the formula would operate. Now, we designed such a formula in cooperation
with the committee who was appointed for this purpose and at the conclusion of
that with further review of that formula by the Finance Department we found
some situations that looked and are completely in balance as a result of cont-
inuing the kind of formula that we have for the retirees. I will be reporting
to the City Commission in the next day or so on the status of the Budget prep-
aration. In that document I've covered the subject rather thoroughly as to the
cost of living and I'm going to be making the recommendations to the City Commission
that the matter of the cost of living for employees in the City of Miami be
reconsidered in the way its being handled and that when you formulate how you will
in the future account for cost of living for the employees then that formula can
be and will be translated to a formula for the pensioners so that those who are
in retirement of the Commission chooses to grant them an emolument a formula will
be available.
Mrs. Gordon: I understand. Any discussion?
Mr. Plummer: No, let's go to "C".
Mr. Andrews: Father, do you have any, you were the one who particularly wanted to
make sure that this was going to be accomplished.
Father Gibson: I'll wait.
Mrs. Gordon: All right, then that takes care of that report. There's no action
needed of any kind on it. Mr. Plummer ?
Mr. Plummer: No, it was Gene.
Mrs. Gordon: OH, hi Gene.
Mr. Gene Naples: Mrs. Gordon, I was the -Ira that got up before that budget during
the budget hearings as you recall and .3po►ce to this formula thing. I'm not sure
I understand Mr. Andrews what you were saying when you spoke to a cost of living
formula for the employees.
Mr. Andrews: I am going to be making some recommendations to changing that formula
for the cost of employees to the City Commission.
Mr. Gene Naples: I didn't we had a formula a cost of living--- you mean for the
active employees or the retirees you're talking...
Mr. Andrews: The active employees.
Mr. Naples: No we have formula for the cost of living?
Mr. Andrews: Oh yes.
Mr. Plummer: Gene, that's called ace in the whole.
Mr. Andrews: Yea, you've had, you may not recognize it, but ... I'll address this
to the Commission. There is a formula that's available and its based on the cost
of living index and the way its computed in terms of translating that to th. ;�eyert
wages and adjusting the entire wage of the city and conformance to the cost of
living. There is that formula.
sj
JUL 2 21976
Mt. Maples: I'm so+-ry I've been negotiating with the city for some tithe and /It
not familiar with the formula that you speak to.
Mr. Andrews: Well, we've been using it for four years now. The Ya rger Study.
Mr. Naples: Is that right.
Mr. Plummer: Stick around Gene.
Mr. Naples: But I'd like to see that since we're in negotiation.
Mr. Plummer: What its called is take the cost of living formula of the fire depart-
ment and divide it by two. That's his formula.
Mr. Andrews: No sir. I can assure this Commission that in one negotiating session
we had to sit down with the fire representatives and demonstrate to them that our
figures matched their figures in the way we calculated this.
Mr. Naples: How long ago was that? I don't recall that.
Mrs. Gordon: All right, I'll tell you what if you're not up on what he's been
doing you get with him and find out what he's done. Ok, What he has in mind.
Ok, Ken.
Mr. Ken Harrison: Fraternal Order of Police, which is the negotiating agent for
the police representatives, sworn police officers. I'm concerned here because
clearly for the last five(5) years, police area, that's been a subject of like a
bargaining. Now, the Manager is telling us that there is going to be some changes
in that procedure and I'm most interested in that because we are currently at the
bargaining table talking about an upcoming contract here and this seems to be a
effort by the Administration to perform what is historically termed an end run
by labor organizations.
Mr. Andrews: No, its not.
Mr. Ken Harrison: I certainly hope not because one of the issues that we've
constantly talked about is reducing our efforts at end runs and now I find myself
in a position of observing a very rapid run-around left end by the Manager here.
Mr. Andrews: No, maybe going around right end but not left end. Usually I'm
on the right side I hope. We'll send you a copy and I've already made arrangements
for that when we deliver this information to the Commission each employee organizat-
ion will receive a copy.
Mr. Ken Harrison: Could we arrange meetings to discuss this so that I too....
Mr. Andrews: Its nothing casted in concrete what I am suggesting to the Commission
is that they consider adopting a new formula.
Mrs. Gordon: Ok. We haven't received the new formula or so...
Mr. Andrews: To set your fears aside I'm sure that the chief executive officer
of the city can communicate with this bosses to let them know what he's thinking
about various things in operation of the city government.
Mr. Harrison: I would never attempt to heed that process at all Mr. Manager.
I would like to point out to you that we are in bargaining; the fire representatives
have to bargin more. Could we get that as soon as possible?
Mr. Andrews: Yes. Hopefully tomorrow.
Mr. Plummer: Mr. Harrison you don't think that Mr. Andrews has been training with
Joe Robbie for 30 days and not learning the do you?
Mr. Harrison: I thought Joe Robbie was like Howard Hughes.
Mr. Plummer: Almost.
Mrs. Gordon: You might see him at 2:00,he might be here. Ok,
JUL 221976
61, COMMUNITY DEVELOPLMENT FUNDING FOR HOUSING
Mrs. Gordon: On item "C" of 59 Mr. Manager.
Mr. Andrews: This is a matter involving the Community Development Fund and the
Commission in setting up Community Development Fund had established a certain
amount of dollars for demolition of buildings. Father, you were the one from
my memory who specifically was concerned in this area who showed some leadership
to the Commission as far as establishing this fund. I would like to recommend to
the Commission that one of the sites that we must require for a housing project in
which we can move ahead on real quickly that we used the basis of these monies from
that fund that was set-up to acquire that. Now, if necessary we can come back later
in the next go round of Community Development to replace those monies. But, Father,
and members of the Commission, you should be aware that there will still be $50,000
dollars left in that fund three times more than we ordinarily have had in such a
fund. We feel satisfied that this is more than enough funds to carry on the kind
of demolition work that we need and I'm recommending that you adopt a motion that
would permit us to go ahead and relieve us of the responsibility of carrying that
$225,000 that is needed for the acquisition of a housing site. So we can move
ahead in the housing program.
Mrs. Gordon: All right. Is that clearly understood by the Commission?
Mr. Andrews: And, Mr. Crumpton is here to give you further details if you choose
to inquire further.
Mrs. Gordon: Ok. Mr. Crumpton, do you want to add anything to what the Manager
said?
Father Gibson: Let me make sure that I understand. Mr. Crumpton, let me ask you
a question. I know you have a.site in mind and all that. Do those people have
some idea that that's the site you're talking about?
Mr. Crumpton: Yes sir. And, the Coconut Grove Task Force has reviewed this and
its in accord.
Father Gibson: Let me put it the other way. I have been on both sides. I've
been a victim and I'm been a victor. I don't know if you get the meaning.
Mr. Crumpton: I recognize it completely.
Father Gibson: To go down on Douglas Road and Thomas Avenue you will see where
I was the victim, ok. It's an interesting thing to live long enough to see
chickens come home to roost. Beautiful! Now, I saw in our agenda here some items
you know, some parcels of land. Thirteen(13) pieces. I'm not talking about the
task force, you know, the staff people like church people, like the priest and
his secretary and those other people that :.::' for the church have a convenient
way of the congregation not hearing and knowing what its all about. The sad
thing is that the people in that pew are the people who make possible for me to
be the priest. Simply, I know you need some more laughs, but I'm troubled about
those people, do they know. I don't mean the task force because you see most of
those folk aint affected. You get my point?
Mr. Crumpton: Yes sir.
Father Gibson: I'm talking about the affected individuals.
Mr. Crumpton: This is one of the projects that has been passed through the Little
HUD Board and to my knowledge the owners of this property are aware there are no
homeowners on the property per se. This is also in the vicinity of the Barbara
Rosa Apartment and the Sussman Apartments and these are to be purchased also as
apart of this tract by Little HUD. This is to take the balance of those areas
so that they will be able to create sites for the townhou.,os and the single
family homes as a part of Little HUD Program for large family sites and housing
for them.
Father Gibson: Let me raise it the other way because I don't you're getting it.
Where are your staff people?
Mr. Crumpton: They're right here sir. But this is a project ..,
S5
JUL 221975
Father Gibson: Let 'em stand to the mike. Let me ask them a question, maybe
they... Madame, if I Knew anything about the Grove and I've there 30 years,ok
Barbara Rosa does not belong to a single person who lives in the Grove, isn't
that true?
Mfss.Dena Spillman: No sir.
Father Gibson: All right, all the land to the back of the Barbara Rosa in the
other building belong to people who live in the Grove, isn't that right?
Miss Spillman: I don't know what part you're ... you want to look at the map?
Father Gibson: Well all right, either those yellow blocks that you gave in this
report constitutes the site of the blocks ...
Miss Spillman: None of the properties were recommended to be acquired or on or
occupied. They're all rental properties and we're leaving the ones that are owned
or occupied. We are not acquiring those.
Father Gibson: Ok. Let me say this. I can't count, but I promise you before its
final I am going to count. Ok? I'm going to have two bites; one here and one in
HUD, ok? I happen to know based on the map -- based on the delineations that you
gave me in this book and the one that HUD gave me some of those people are not...
you know... and I want to say this out of fearness. It's never like when you're
losing your own home. Taint the same. Go on Douglas and Thomas and you'll see the
rectory I was supposed to... you know that story?
Miss Spillman: No I don't.
Father Gibson: Well Baby you better ask somebody about that story. The rectory
that I built to live in I never lived in and is still there right on Thomas and
Douglas so I know how that... I know about that rectory. I just say, you know,
you ought to tell the people so they have plenty of time to -- quash their wounds.
Mr. Andrews: We need a motion, Father or Mrs. Gordon that the use of the ----
Mr. Plummer: I so move.
Mrs. Gordon: Ok. Moved by Commissioner Plummer. Seconded by Commissioner Gibson.
We've had our discussion will you call the roll please?
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 76-730
A MOTION OF INTENT TO AUTHORIZE THE CITY MANAGER TO TRANSFER
$225,000 OF SECOND YEAR (1976-1977) COMMUNITY DEVELOPMENT
FUNDS FROM THE CITY-WIDE ACTIVITY DESIGNATED AS "DEMOLITION
OF DETERIORATED STRUCTURES" TO A NEW ACTIVITY ENTITLED
"LAND ACQUISITION FOR HOURSING".
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
,S6
JUL 221976
•
6!, ALLOCATE FUNDS-$5O,O0O
CAPITAL IMPROVEMENT FUND
PROPOSED IMPROVEMENTS TO THE
OLYMPIA BUILDING
Mr. Andrews: (Reads the prepared resolution to the Commission and others present.)
Q "tember this was part of the discussion that we had when the Off -Street Parking
Budget came up as to the city's responsibility.
Mr. Plummer: I'll move it.
Mrs. Gordon: Ok. Moved by Commissioner Plummer. Seconded by Commissioner Gibson.
Discussion. Call the roll please.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-731
A RESOLUTION ALLOCATING THE SUM OF $50,000 FROM THE
CAPITAL IMPROVEMENT FUND-- UNALLOCATED FUNDS; AND
AUTHORIZING SUCH SUM TO BE EXPENDED BY THE DEPART-
MENT OF OFF-STREET PARKING FOR THE PROPOSED IMPRO-
VEMENTS TO THE OLYMPIA BUILDING, AT 174 EAST FLAG-
LER STREET, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
63, EXPRESS DESIRE TO
ASSIST
LATIN AMERICAN BANKERS
SPONSORSHIP OF .LUNCHEON FOR DELEGATES
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-732
A RESOLUTION EXPRESSIN, fHE DESIRE OF THE CITY
COMMISSION TO ASSIST THE INTERNATIONAL CONVENTION
OF LATIN AMERICAN BANKERS, AND PROVIDING $2,500
FROM THE DEPARTMENT OF PUBLICITY & TOURISM TO
SPONSOR A LUNCHEON FOR THE DELEGATES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
s7
JUL 2 21976
AUTHORIZE LI TY MANAGER
64, TO ENTER INTO AN
AGREEMENT
•
PEAT, MARWICK, MITCHELL $ COMPANY
ANNUAL AUDITS
The following resolution wLs introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-733
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A PROFESSIONAL SERVICE AGREEMENT WITH THE FIRM OF PEAT,
MARWICK, MITCHELL & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS
FOR THE PURPOSES OF CONDUCTING THE AUDIT OF THE BOOKS,
ACCOUNTING RECORDS AND FINANCES OF THE CITY OF MIAMI FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 1976 THROUGH 1980,
AT A COST OF $30,000 FOR THE FIRST YEAR AND $50,000 FOR
EACH SUBSEQUENT YEAR.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
65,
AUTHORIZE CITY MANAGER
TO ENTER INTO CONTRACT
LEy
PROFESSIONAL�CONSULTING SERVICES
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-734
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH DR. ERNEST R. BARTLEY AND
BAIR, ABERNATHY AND ASSOCIATES FOR PROFESSIONAL CONSULT-
ING SERVICES, IN CONNECTION WITH THE REVISION OF THE
CITY'S COMPREHENSIVE ZONING ORDINANCE; WITH FUNDING FOR
SAID AGREEMENT FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS; FURTHER AUTHORIZING AND ESTABLISHING DAILY
COMPENSATION RATES FOR SAID SERVICES WITH THE TOTAL
AMOUNT PAYABLE THEREFOR NOT TO EXCEED $50,000; AND
PROVIDING FOR THE COMPLETED PERFORMANCE OF SAID AGREE-
MENT NO LATER THAN 12 MONTHS FROM THE DATE OF EXECUTION
OF SAID AGREEMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
S9
JUL 221976
66. GRANT 1-YEAS
PA W2N OF
LoTs 12, 13, 25, 26 - BOCK 14
"OVERBROOK PARK"
The following resolution was introduced by Commissioner Plummet who
moved its adoption:
RESOLUTION NO. 76-735
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE
VARIANCE AS PROVIDED IN THE COMPREHENSIVE ZONING
ORDINANCE NO. 6871, ARTICLE XVII, SECTION 4, TO
PERMIT CONSTRUCTION OF BUILDING FOR AUTOMOBILE
DEALERSHIP ON Lots 12, 13, 25, and 26, BLOCK 14,
OVERBROOK PARK (3-206), BEING 3601 BIRD AVENUE,
WITH 0' SETBACK FROM NORTH PROPERTY LINE (10'
REQUIRED), ZONED C-5 (LIBERAL COMMERCIAL) DISTRICT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
67. GRANT 1-YEAR
EXTENSION OF
CONDITIONAL USE
LOTS 11 AND 24, BLOCK 14
"OVERBROOK PARK"
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-736
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE
CONDITIONAL USE AS PROVIDED IN THE COMPREHENSIVE
ZONING ORDINANCE NO. 6871, ARTICLE V, SECTION 1,
(6) (b), TO PERMIT USE OF LOTS 11 AND 24, BLOCK 14,
OVERBROOK PARK (3-206), BEING NORTH OF 3601 BIRD
AVENUE, FOR EXCESS CUSTOMER AND EMPLOYEE PARKING
ONLY, IN CONJUNCTION WITH .'0;TC>OBILE DEALERSHIP TO
BE LOCATED AT 3601 BIRD AVENUE; ZONED R-2 (TWO
FAMILY) DISTRICT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
59
JUL 221976
4ii
68. DESIGNATE COMMISSIONER J,LAUMMER ANNUALECONFERENCE OFTO ATTEND
LEAGUE OF CITIES-DENVER
Mr. Reboso: Mrs. Vice Mayor, is have a couple of short items. One of the items
I want to propose that Commissioner J.L. Plummer be the representative of the
City of Miami at the Annual Conference of the League of Cities in Denver, Colorado.,
National League of Cities from November 26th to December 2nd.
Mrs. Gordon: I would say also that serving on the League of Cities I may or may
not be going Commissioner Plummer. But if I do not go I would ask you to represent
me on the Steering for Employment and Income Security of which I've been serving
and will give you the report. My reasons if I don't go is that I suppose to be
in New York at the same time. So, if I should go though a allocation I assume
would be made in September.
Mr. Plummer: No problem.
Mrs. Gordon: Ok. That was a motion by Commissioner Reboso. Seconded by Commissioner
Gibson. There's no discussion, so will you call the roll please?
The following motion was introduced by Commissioner Reboso, who
moved its adoption:
MOTION NO. 76-737
A MOTION TO DESIGNATE COMMISSIONER J. L. PLUMMER, JR. AS
THE CITY'S REPRESENTATIVE TO THE ANNUAL CONFERENCE OF THE
LEAGUE OF CITIES IN DENVER, COLORADO NOVEMBER 26TH TO
DECEMBER 2, 1976.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, REv. Gibson, and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
FROM
PTING
69, THEE GOVERNMENT
OF: CHILE
BRONZE STATUE OF BERNARDO O'HIGGINS
TO BE PLACED IN BAYFRONT PARK
Mr. Reboso: The second one Mrs. Vice Mayor is I received a call from the General
Counsul of Chile that they want to donate a statue for the Bayfront Park like the
one we received from the Government of the Dominican Republic a couple of weeks
ago Bernardo O'Higgins. I have all the information here and everything so I want
move that we accept this. It's going to be in September 18th.
Mrs. Gordon: Would you accept it without specifying the location so that it be
placed in the most appropriate place within the city that the Manager's apartment
or whoever...
Mr. Reboso: It's in Bayfront Park.
Mr. Plummer: In Bayfront Park, sure.
Mr. Reboso: It's up to the Administration to find out the place. They will be
sending the statues, the bronze statues, 165 killograms.
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 76-738
A RESOLUTION ACCEPTING FROM THE GOVERNMENT OF CHILIE A BRONZE
STATUE OF BERNARDO O'HIGGINS, TO BE PLACED AT BAYFRON' PARK
ON SEPTEfBER 18, 1976, AND AUTHORIZING THE CITY MANAGER TO
MAKE THE NECESSARY ARRANGEMENTS FOR ITS ACCEPTANCE AND PLACEMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
AO
Mil nn4n7r'
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the fo11:4inS vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon
NOES: None.
ABSENT: Mayor Ferre
0
701 AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH NORA SWAN FOR CONSULTANT
SERVICES - ITY OF MiAMI BI-LENTENNIAL CELEBRATIONS
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-739
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH NORA SWAN RETAINING HER CONSULTANT SERVICES
AS AN ADVISOR AND COORDINATOR IN CONNECTION WITH THE CITY
OF MIAMI BICENTENNIAL CELEBRATIONS; FURTHER AUTHORIZING
THE CITY TO CO'PENSATE NORA SWAN FOR HER SERVICES AT THE
RATE OF $155.55 PER WEEK, NOT TO EXCEED A GROSS AMOUNT OF
$1,400; SAID MONIES HAVING ALREADY BEEN TRANSFERRED FROM
THE CONTINGENCY FUND.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
NOES: None. Vice -Mayor Rose Gordon
ABSENT: Mayor Ferre.
71, APPROVE ALLOCATION OF FUNDS-U,S, DEPT, OF OUSING Z URBAN DEVELOPMENT FUNDING
OF SOCIAL SERVICE PROGRAMS DISTRIBUTED BY LITY (.OVJNITY DEVELOPMENT OFFICE.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-740
A RESOLUTION AUTHORIZING AND APPROVING ALLOCATION OF FUNDS
FROM UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOP-
MENT FOR FUNDING OF SOCIAL SERVICE PROGRAMS CONDUCTED BY
CITY COMMUNITY DEVELOPMENT OFFICE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Ferre.
JUL 2 21976
1
DENY A°PLICATION
hi FOR CONDITIONAL
USE
BURGER KINg
PROPOSED: ,L4
L D URANDNT AVENUE
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-741
A RESOLUTION DENYING A "CONDLTIO`IAL USE" AS PROVIDED IN ORDIN-
ANCE NO. 6871, ARTICLE V, SECTION 1 (6)(b), TO PERMIT USE OF
LOTS A, 6,7, 8, BLOCK 21, FROW HOMESTEAD AID (B-106), BEING
APPROXIMATELY 3280 FLORIDA AVENUE, FOR EXCESS OFF-STREET PARK-
ING IN CONJUNCTION WITH BURGER KING RESTAr':.AI:T PROPOSED TO BE
CONSTRUCTED AT APPROXIMATELY 3275 GRAND AVENUE, WITH NO OPEN-
ING ON FLORIDA AVENUE; ZONED R-1 (ONE FAMILY) DISTRICT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Ferre.
DENY APPLICATION
73, FOR VARIANCE BURGER KING RESTAURANT
PROPOSED: 3275 GRAND AVENUE
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-742
A RESOLUTION DENYING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE
XXIII, SECTION 4, TO PERMIT CONSTRUCTION OF A BURGER KING RES-
TAURANT ON LOTS B, 9, 10, 11, 12, BLOCK 21, FROW HOMESTEAD AND
(B-106), BEING APPROXIMATELY 3275 GRAND AVENUE, WAIVING 19 OF 30
REQUIRED OFF-STREET PARKING SPACES; ZONED C-2A (SPECIAL COMMUNITY
COMMERCIAL) DISTRICT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clem .,
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Ferre.
JUL 2 21976
74 WAIVE RENTAjEIkI�;F
FOR USE OF DPARK
CULTURAL ADVISORY COUNCIL OF OVERTOWN
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 76-743
A RESOLUTION WAIVING THE USE FEE FOR DIXIE PARK ON JULY 23,
1976, IN CONNECTION WITH ACTIVITIES SPONSORED BY THE CULTURAL
ADVISORY COUNCIL OF OVERTOWN.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
'AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Ferre.
"GOLDEN GLOVES OXING
75. APPOINT COMMISSIONER MANOLO REBOSO TEERING COMMITTEI
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 76-744
A RESOLUTION APPOINTING COMMISSIONER MANOLO REBOSO TO SERVE
AS CHAIRMAN OF THE CITY OF MIAMI GOLDEN GLOVES BOXING STEER-
ING COMMITTEE TO FILL THE VACANCY CREATED BY THE RESIGNATION
OF COMMISSIONER J. L. PLUMMER, JR.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES:
76. CONFIRMING RESOLUTION APPOINTING RALPH G. ONGIEJ CITY CLERK AND ESTABLISHING
SALARY.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-745
A RESOLUTION APPOINTING AND ELECTING RALPH G. ONGIE AS CITY CLERK
OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE 5:01 P.M., JULY 30, 1976,
TO SERVE FOR THE UNEXPIRED TERM OF H. D. SOUTHERN, AND FIXING THE
SALARY OF SAID APPOINTEE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote-
AXS: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
NOES: None. Vice -Mayor Rose Gordon
ABSENT: Mayor Ferre.
JUL 2 21976
771 CLAIM SETTLEMENT - FRANCISCO DUARTE
The following resolution was introduced by Commissioner Plummer, who toyed
its adoption:
RESOLUTION NO. 76-746
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO MRS. FRANCISCO DUARTE, WITHOUT TriE ADMISSION OF
LIABILITY, THE SUM OF $1,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY
OF MIAMI, UPON THE EXECUTION OF A RELEASE PELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
.YES: Commissioner Manolo Reboso
Commissioner (Rev,) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Ferre.
78, CLAIM SETTLEMENT - LOUISE WILSON
m,e Following resolution '.,as it tro,4uce'a. ' o "^'i ssioner b1 u'""-c , !.'ho trove;
its adoption:
RESOLUTION NO. 76-747
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
LOUISE WILSON, WITHOUT THE ADMISSION OF LIABILITY, THE SUM
OF $2,500.00 IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM
AGAINST THE CITY OF MIAMI FOR PERSONAL INJURIES SUFFERED ON
THE NIGHT OF JANUARY 28, 1974, WHEN SHE FELL ON AN ALLEGEDLY
DEFECTIVE PUBLIC SIDEWALK AT ORNNEAR THE INTERSECTION OF
FLAGLER STREET AND N.E. FIRST AVENUE, MIAMI, FLORIDA, UPON
THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM
ALL CLAIMS AND DEMANDS.
(Here follows body of resolutir, -• red here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Ferre.
ABSTAINING: Camm!titioner Manolo Reboso.
6s
JUL 221976
0 414
AUTHORIZE DIRECTOR CLAIM SETILEMENT- T V,SCOTT AND ALLSTAR INS,
7 OF FINANCE T^. GISELE FASHIK VS UITY OF MIAMI
ACCEPT SUM OF 1P/)O,UU
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-748
A RESOLUTION AUTHORIZING THE DIRECTOP. OF FINANCE TO ACCEPT THE
SUM OF $750.00 IN FULL AND COMPLETE SETTLEMENT IN A CROSS -CLAIM
FILED BY THE CITY OF MIAMI AGAINST T.V. SCOTT AND ALLSTAR INSUR-
ANCE CORPORATION IN THE CASE OF GISELE FASHIK VS. CITY OF MIAMI,
CIRCUIT COURT NO. 73-1770; AND AUTHORIZING THE CITY MANAGER AND
THE CITY CLERK OF "LIE CITY OF MIAMI TO EXECUTE A RELEASE RELEAS-
ING T.V. SCOTT AND ALLSTAR INSURANCE CORPORATION FROM ANY AND
ALL CLAIMS AND DEMANDS ARISING OUT OF THE ABOVE CLAIM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Ferre.
AUTHORIZE CITY
80, MANAGER TO COMMENCE
NEGOTIATIONS
FOR LEASE AND REDEVELOPMENT OF PROPERTY
KNOWN AS:
COCONUT GROVE MARINA
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-749
A RESOLUTION AUTHORIZING THE CITY MANAGER TO COMMENCE NEGOT-
IATIONS WITH EAYSHORE PROPERTIES, INC. FOR THE LEASE AND RE-
DEVELOPMENT OF THE PROPERTY COMMONLY KNOWN AS THE COCONUT
GROVE MARINA FOR PARK AND RECREATIONAL PURPOSES.
(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
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Ferre.
was passed and
JUL 2 21976
•
AUTHORIZE CITY
81. MANAGER TO COMMENCE
NEGOTIATIONS
ACQU1SITI N, LEASgt AND REDEVELOPMENT
KNOWN AS MUMFORD VROPERTY FOR
PARK AND RECREATIONAL PURPOSES
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-750
A RESOLUTION AUTHORIZING THE CITY MANAGER TO COMMENCE NEGOT-
IATIONS WITH BAYSHORE PROPERTIES, INC. AND O. B. MILEY, II,
CONCERNING THE ACQUISITION, LEASE AND REDEVELOPMENT OF THE
PROPERTY KNOWN AS THE MILEY PROPERTY FOR PARK AND RECREAT-
IONAL PURPOSES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Ferre.
EXECUTE RELEASE
82, AND UNITY OF
TITLE
THOMAS A. & MARGARET A, MUMFORD
P AT
LOTP7, biLOCKA1EDCOCONUT GROVE MANOR
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-751
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE CITY CLEhK TO EXECUTE A RELEASE OF THE UNITY OF TITLE
PROVISION CONTAINED IN THE JUNE 19, 1969 DEED ISSUED BY THE
CITY OF MIAMI AS GRANTOR TO THOMAS G. MUMFORD AND MARGARET
A. MUMFORD AS GRANTEES FOR THE PROPERTY LEGALLY DESCRIBED
AS LOT 5, BLOCK 1, COCONUT GROVE MANOR (17-19) INSOFAR AS
THAT PROVISION REQUIRES THE UNITY OF TITLE TO ANY MORE THAN
LOTS 4 AND 5, BLOCK 1, COCONUT GR("F MANOR (17-19).
(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
Comnissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Ferre.
JUL 221976
RENEWAL OF LOAN 8 WITHIN
EMERGENCY ORDINANCE PAY SCOFF-STREET G
ORPORATE LIMITS OFRTHE CITY
ILITIES
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AUTHORIZING THE RENEWAL OF A LOAN
FOR PAYING TFE COSTS OF OFF-STREET PARKING FACILITIES
WITHIN THE CORFOPXiE LIMITS OF THE CITY OF MIAMMI AND PLEDG-
ING FUNDS FOR THE PAYMENT OF SUCH LOAN; REPEALING ALL
ORDINANCES AND CODE SECTIONS IN CONFLICT THEREWITH, INSOFAR
AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY
PROVISION.
Was introduced by Com:-issioner Plummer and seconder by Commissioner Ret for
adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following
vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Ferre.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Reboso, adopted said ordinance by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
NOES: None.
ABSENT: Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIC,NATED ORDINANCE NO. 8569.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
AUTHORIZE CITY
84. MANAGER TO
NEGOTIATE CONTRACT
KAWASAKI JET SKI FOR RENTAL CONCESSION
ON A TRIAL BASIS
Mr. Plummer: Mme. Vice -Mayor, the City Manager has requested of me, if I would
and I was kind of concerned before; Paul, may I have the resolution pertaining to
this concession...
Mr. Andrews: There is no resolution and all I want you to do at this stage is
adopt a motion which can be converted to a resolution...
Mr. Plummer: In concurrence with the Manager's Office and their recommendation...
Mrs. Gordon: On what Items, what are you talking to?
Mr. Plummer: This is not an item, Rose. There has been a year of going back and
forth for a concession to be operated on Key Biscayne. It is a water -oriented
type of activity. There is a man who would like to put this in for a period of
one year, or the Manager has requested that the lease be one year to test it and
see how it would go where these little vehicles could be rented by the public and,
of course, it would be on a concession with the revenue coming to the City of
Miami. I would like to offer a motion at this time to negotiate a contract, giving
the Manager that authorization and latitude and if successful, to commence the
operation of the concession. I offer that in the form of a motion.. The only
thing I ;could like to say is that if this works out I would love to see the same
kind of a wet up over here in Kennedy Park. So we'll find out in a year how it
goes, or less.
Mrs. Gordon: How are they operated? What propells it?
JUL 221976
• 1
Mr Plummer: It's a jet ski is what it is. Do you ever read Canadian Club adds
in the books? That's what it is. It's like Kawasaki. It only does 373 miles an
hour.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 76-752
A MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT
WITH KAWASAKI JET SKI FOR RENTAL CONCESSION ON A TRIAL BASIS
AND IF SUCCESSFUL TO CONTINUE SAID CONCESSION.
Upon being seconded by Commissioner Reboso, the notion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso. Rev. Gibson and Vice -Mayor Gordon.
NOES: None.
ABSENT: Mayor Ferre.
85, DISCUSSION ITEM - PUBLIC WORKS BILL (PRESIDENTIAL VETO)
Uri .
rl,crAon- r1L, -c !:1:'e co`^n1r'te.4. the n, t.. wa ti7.-ne_. vc c"ts.
you have any other reports or items to bring to our attention?
.r..
••anatle_, 'o
Mr. Andrews: I have one announcement I would like to make to the City Commission.
I have learned today largely from the news media and others that congress has acted
favorably on the Public Works Bill, overriding the president's veto. There is going
to then be a significant amount of money available for the State of Florida and
eventually for the City of Miami. And what this means to the City of Miami could
be possible for us to get under way certain Public Works construction, some of
which we have only partial funds, some of which we have no funds that have been
held in abeyance. Mr. Andrew Crouch has been coordinating this for the city and
as the result of congresses first actions we were so confident that eventually some-
thing would come about in terms of a public works bill that we have gotten the city
under way and we have identified in excess of $25,000,000 worth of Public Works
projects that can be carried out by the City of Miami in keeping with the intent
of this legislation which is primarily geared to put people to work and is labor
intensified. And we are prepared to carry on quite a few projects. I can list
two of them as quick examples - The Dinner Key Auditorium, many elements of that
work can be carried out in sub -contract, or breaking the project down into smaller
contracts. This would be true of possibly refurbishing our Bayfront Park Auditor-
ium. And I want the commission to know that we're not just waiting for the forms
to be now developed in Washington, we're designing our own forms. They may be not
100% correct but we're going to try to get nur foot in the door at an early stage
and supply the Federal Government with c,..r requirements.
86. DISCUSSION ITEM - WORLD TRADE FAIR
Mr. ID111 • D2+�1 ol0r+n t�nr_e e�n+e lire, let 'ne Ana* ^+>ke a Sh.ort report try nar
fellow commissioners. As you know, I have just returned from the City of Bogota
on the Sister City group. Two of the days that I was there through the administrat-
ion they had the World's Trade Fair in Bogota. Now the beauty of it is that that
is only held there every second year. There is no show let's say the other vacant
year. And I had two days of extensive discussion with the people in Bogota with
the hopes and possibilities not of bringing that here next year which would be too
soon because Dinner Key will not be finished, but hopefully that we could bring
that here in 1979. Let me tell you that there were companies from all over Latin
and South America and you would be amazed at the amount of Miami people who are in-
volved in that trade - Burdines, Jordan Marsh, just a number of leading merchants
here in the City of Miami. I will also tell you that they are expecting in the 15
days of operation 2.2 million people to visit that Trade Fair. And I think that if
we continue along the lines of discussion which I had I think Miami is in a beauti-
ful position of bringing that World Trades Fair here in 1979. I just want to make
that report to you.
Mrs. Gordon: Great.
69
JUL 2 21976
87, EFr .NA! APPE/ A' ^E OF Er Co,: DIRECTOR OF DEPT. OF PUBLIC PROPERTIES -
�RESENTATION 70 (-Jr ;SSION-HRADE APPRENTICESHIP PROGRAM, CITY OF MIAMI
WORK FORCE,
Mr. Andrews: Mme. Vice -Mayor a members of the commission, the City Commission
has instituted an Affirmative Ac".;.cn Program for the City of Miami. And you have
from time to time as you approach the discussions relating to Affirmative Action,
have tried to i :press u. e t}:c pe• .l i c and the city administration the importance
of resolving this r.,ataer if pep: e have the right attitude and the right approach
as it relates to F:ff::a:na+_iee Action. witwatTe th:t very little is going to take
place. I mean we will strigcle alone: and the city will make some improvement.
I have scheduled on the agenda a ratter which was presented to me by one of our
department directors which I taught was such an outstanding program. And I'm
not even going to hint as to what et is. I'm going to :et him speak for himself
because leterally I did nothing in relation to what he's about to present. This
is something that he has developed of his own initiative and I think it is such
a remarkable program that I decided that the commission should hear about it first
hand. I'll present Mr. Eddie Cox who is Director of the Deportment of Public
Properties ar.d he will make a pacaentation that will last about 10 minutes.
p,r. Eddie Cox: Mr,. Vice-Meyo_, members of the commission, I have been requested
by the City Manager to present eo you today a proposal to enter into a Certified
Apprenticeship Progral;, for tt.e City of Miami. For the past year I have been con-
sidering means to ir.,prove the sprit and intent of Affirmative Action within the
Department of Public Peeperties. Althoegh the Department of Public Properties is
well represented by minority emplcyees I could foresee difficulty in the future
with respect to the eeplo'r,e::t of black trades craftsmen. I repeat primarily
black trades ceafts:-.en as they are under represented within the construction
industry in Dade County from wh_ch we draw our applicants. The overall answer to
this dilemma was in my opinion the development of a standardized Apprenticeship
Program registered with the Florida State Department of Commerce and the United
States Department of Labor. This past month I presented a general introduction
and the standards of apprenticeship to the City Manager. It was received enthus-
iastically and he asked me to present the general idea to the City Commission today.
The standards of apprenticeship which you have before you, I believe you all have
copies, have been written according to federal and state guidelines and are, in
fact, recognized anywhere in the United States. What that means is that we're
not training a crafts uer-on who can only be recogrized as journeyman level within
the City of Miami. The feacrid government generally establishes the wages, the
terms and conditions of emplo_'rr :e for all apprentices within those Certified
Apprenticeship Programs and requires specific references to Affirmative Action and
minority involvement. For the :.enefit of the Vice -Mayor and the City Commission I
would generally outline the City of Miami Apprenticeship Program. What is, in
fact, apprenticeship training? Apprenticeship is training in other than industrial
occupations requiring a wide and diverse range of skills and knowledge. Apprentice-
ship training consists of planned on the job training and experience under proper
supervision combined with technical classroom study in subjects related to specific
trades. The Apare:,ticeshin Program ranges from 1 to 5 years depending upon the
specific trade. Why is this nece sorry within the City of Miami? Traditionally
blacks have been under etalize-i within the trades classificatic:,s within the City
of Miami. To illuseratc, at the present time only one black journeyman level me-
chanic is employed Within the Fr: erty Maintenance Division of my department which,
in fact, the building trades area. This is not in my opinion the result of attitudes
or discrimination but of a yeeeral under representation of minorities within the
construction industry in Dade County. To relieve this situation I respectfully
submit to the Vice -Mayor a::3 City Comnission a general summary and the standards of
apprenticeship that will be Enforced in the City of Miami program. The Apprentice-
ship Training Program will be e:,tablished on the basis of what the apprentice must
learn on the job and through related academic instruction to perform the operations
of the job in a safe and satisfactory manner. Apprentices will undertake a compre-
hensive academic curriculum of instruction to identify the fundamental theoretical
concepts of the underlying specific trade area. The administration of the apprentice-
ship program will be affected by an Apprenticeship Con.nittee as dictated in the
registration. This committee will be appointed by the City Manager. The general
functions of the apprenticeship ca'eittee are the supervision of the apprenticeship
program, the selection and enrollment of apprentices, arranging for their employ-
ment with the City of Miami and evaluating the progress of the individual apprentices
while they are, in fact, in the program. Application and testing procedures will
be conducted on the basis of e_laal opportunity without regard to race, creed, color,
sex or national origin. r:^pliede for the apprenticeship program will ideally be
selected from the hige sc`:oe' gr..aeating seniors within the City of Miami. Equal
representation of minority high schools will be promoted to alleviate economic dis-
advantage and geographical racial impaction. In addition, I suggest the establish-
ment and maintenance of persona: contact with vocational counselors in highschools
70
JUL 2 21976
of high minority enrollment and the development in liaison with school officials
and curriculum for a:'e'ssion into the City of Miami Apprenticeship Program. To
reiterate, the qua=lific,:..i.- for applicants in each apprenticeship area will be
stated with emphasis upon equal employment opportunity and Affirmative Action.
These qualifications shall be o?- ective and relate to examination, the areas of
academic preparation, age and physical condition. I'd just like to mention at
this state that all of this is covered quite technically and quite to the point
within the registration and ce.rtifi.ation document that you have. We have met
with the regional iy r,7,Fentative from the Department of Labor, several of the
school hoard officials. "r. rrar.r. 4:cston, I right add has been a great service
to me in developing the program. I've also met with the Civil Service Board and
with the various labor ,:roues that have an impact within my department. I might
add that the Lahr group were so impressed with the program and the intent of
the program that they signed a waiver of participation by the local unions or the
representatives allowing the Ci._y of Miami to totally administer this particular
program. I had invited those individuals here today, members of the Civil Service
Board, the employee group pre_:.icents and, of course, Mx. Weston is here. If you
have any questions or if they would like to make comment. I believe we're a little
bit early for Mr. Woodrow Jordan who is the Regional Director for the Department
of Labor. He was due here at 3:30 so I apologize, I don't think he is here. But
if the representative from the board or the labor groups would like to come up I
would like to give them thin opportunity at this time.
Mrs. Gordon: I would too, but I want to commend you before anybody else speaks
for the creative ti.inhi.ng Uhat you have demonstrated because what you are doing
is two -fold. You are helping by a program of this type to initiate Affirmative
ACtion in its true sense. You are also helping to implement the kinds of programs
which prevent delinquency k•:-.i:!-, again for the second time today the city has moved
forward in prograrr,;ir.c, or will if we adopt this idea, in programming for youth
and not necessarily limited to youth; but on the other hand interesting young
people in a productive way of living and I think that is fantastic. I would like
to hear from the rest of the representatives that you would like to call upon.
Mr. Cox: Thank you. ':iss Sk_tis`. 1 believe is here representing the board.
Mrs. Pat Skubish: Mr s . Vice -Mayor and :members of the Commission and City :tanager,
my name is Pat Skubish. I'm Chief Examiner of the Miami Civil Service Board. I'm
here today representing the Civil Service Board. On June 25th the board met with
Mr. Cox who outlined the concept of his training program. The board at this meet-
ing adopted the concept cf the Department of Public Properties Apprenticeship
Training Program as proposed by Kr. Cox and asked that I convey this endorsement
to you. The board expressed its concern about the retention of these people as
employees but was assured by 'fir. Coy: that it is the intent to make continued employ-
ent with the city attractive. So with this assurance the board feels that this is
a good plan and eraiorses it unanimously. Thank you.
Mr. Cox: If there are any questions by the Vice -Mayor or the commission I will
be happy to attemet to answer thee e th I believe Mr. Jordan is r.ow here
and I think the only part that I wo...l.; -.i,ce for him to play unless he would like
to make some comments thee i :iel:cve that it would be appropriate at this time
for the commission eo ask the C_ty Manager to enter into this agreement with Mr.
Jordan, the Re ionel Reorescnti tive which I have the original copy here for the
signature of the City ;tanager and Mr. Woodrow Jordan.
Mrs. Gordon: I think it is a very important day that we have today and again, I'm
very happy that Commissioner Plummer has moved that and Mr. Gibson and I'd like to
second second holding the gavel. Any further discussion on this item? I would
like to ask one question with regards to funding of the program. Is there a spec-
ial grant available from L.E.A.A. or some other grant source?
Mr. Cox: We think at this time that there is. I have met with the C.E.T.A. people
now on several occasions and after the program has in effect been put into effect,
signed I am going back to them and there is a good possibility that the funding of
a portion if not all of the program can be provided through C.E.T.A. Funds. However,
if this is not possible the Manager has assured me and I think with some amount of
replanning on my part we car, at lust start the program with present funding or
that funding that will be available next year.
7/
JUL 2 21976
The following r l*i or. was introduced by Commissioner Plums et, who totted its
adoption:
MOTION NO. 76-753
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT W;'4 ri THE UNITED S f ATES GOVERNMENT FOR A TRADES
APPRENTICESHIP PROGRAM IN THE CITY OF MIAMI'S WORK FORCE.
Upon being seconder: by Commissioner Gibson, the motion was passed and
adopted by the following vote:
AYES: Mr. Plus„ 2r, Mr. Reboso, Rev. Gibson and Mrs. Gordon.
NOES: None.
ABSENT: Mayor Ferre.
Rev. Gibson: I want to add this comment. I hope all these other department heads
might observe, Mr. Andrews, our new City Manager. You see, anything I say to Mr.
Andrews now is falling on their path. This means you. I hope you'll see that the
other departments observe. See, I don't want anybody telling me in the future
what can't be done. Sidney Aronovitz will always live in my heart and mind. He
said where there is a will there is a way. And the reason we haven't got some of
these things done and el:ringed ir. this Government around here is because there
hasn't been no will. I want to make sure and put that in the record.
Mr. Andrews: Father, I'd like to assure you that there are more departments who
are concerned about this than maybe you realize.
Rev. Gibson: I'd like for there to come up here and tell me for a change. You
see, to keep it to themselves I won't ever be informed.
Mr. Andrews: Just the other day I sent you a memorandum because the city had taken
a very unusual step in the Sanitation Department. Between the department director
and Civil Service they've found a way where two ladies have now been employed as
sanitation inspectors and that's the first time in the history of the City of Miami
that we've had female inEecctors. One is black, incidentally and one is white who
speaks both Enclish and Spanish. So we are making progress and perhaps what we
need and what Me-. Gr<ascde can attend to in the process of Affirmative Action is
to make available rrore ir.fcr,ration to the commission as to the progress that we
are making.
Rev. Gibson: Let me make the other comment so that all of the department heads
know where I'm co -ping from. I don't only mean Sanitation. You know I'm talking
about, you know. Ok! Right!
Mr. Andrews: Another area before Mr. Jordan speaks which Mr. Grimm reminded me of
and I suppose I have other instances, we now have a full time lady architect
employed in the City of Miami who is...
Mrs. Gordon: What department?
Mr. Andrews: The Department of Public Works.
Mrs. Gordon: Mr. Andrews, I think what Father Gibson is directing his tone to is
that the innovativeness of this program shows that somebody was thinking, not
assigned to think but thinking on their own and this is what he's saying, to in-
still this kind of spirit into all of the department heads is what he means. Is
that right, Father? Ok.
Mr. Jordan: Mrs. Vice -Mayor, in addition to being a federal official whose main
job is prop -potion of ap r. ticeship and training in the skill trades particularly
I am also a resident a citizen, a voter and a taxpayer in the City of Miami. And
it gives me great plcasure to enter into this training program with the City of
Miami. Apprenticeship training is a system of training whereby a young man or
young woman work along with, beside a skilled journeyman or mechanic. They also
go to school at least one night a weak and take related subjects. This is a first
step of any city in southeast Ficr..da. Other cities around the country have on a
limited scale entered into the ae renti.eship training business. So I assure you
that my full cooperation in the zdeinistering of this program.
Mrs. Gordon: I thank you very much for your voluntary offer to help us because
I'm sure as we go along we'll want that help and we appreciate it. Father Gibson
says we'll need it. Thank you, r'.r. Jordan.
7.2,
JUL 2 21976
SS. AWARD BID
The following resolution w:.s introduced by Commissioner Plummer, who moved
its adoption:
1
S, W, 22ND STREET HIGHWAY IMPROVEENTPHASE YI (H-4395)
RESOLUTION NO. 76-754
A RESOi'.: i " c i; ? ;'; -' . D.X.P. CORPORATION IN THE AMOUNT
OF $1.36,992 FOR THE CONSTnUCTION OF S.W. 22 STREET HIGHWAY IMPROVE-
MENT PHASE II - H-4395 (HIGHWAY PORTIUN)
BID "A" IN S.W. 22 STREET
HIGHWAY IMPROVEMENT PHASE II DIFROMRICT H-4395 (HIGHWAY
E PACCORTION) -
T ENTITLED
BID "A"; ALLOCAT I:�� TriL AMOUNT OF $136,992 FROM
"HIGHWAY BOND FUNDS' '.O COVER THE ESTIMATED AMOUNT OF THE CONTRACT
COST; ALLOCATIN FRS.: SAID ACCOUNT THE ADDISIONAL AMOUNT OF $5,069.12
TO COVER THE COST 0:' P=j.JECT EXPENSE; ALLOCATING FROM SAID ACCOUNT
THE AMOUNT OF $2,739.66 TO COVER THE COST OF SUCH ITEMS AS ADVERTIS-
ING, TEST INS POSTAGE, ETC.; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A COX;i%ACrl WITH SAID FIR:.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being second • ' L.' C,-rr.•.t ss inner Reboso, the resolution was passed and
adopted by the following vote. -
AYES: Commissioner .:ancic R::boso
Commissioner (Rev.)
T << ccore Gibson
Commissioner J. L. Plui r er, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
PRESENTATION 111
D. SOUTHERN, CITY CLERKON HIS RETIREMENT
Mayor Ferre: It is my pleasure to make this presentation to
Houston D. Southern in ai:�reciation and gratitude for your signi-
iicant contribution to the City of Miami during 27 years of ser-
vice beginning in July of 1c49 as a Steno Clerk II rising to
Assistant City Clerk in July of 1953 and being appointed City Clerk
in June of 1971 in whici. you c-_et.'.:.iy supervised a staff dedicated
'to the diligent marshalliee of vital eed relevant information
records of official City of Miami business, a position of enormous
trust and re ?on', ility executed in an efficient and dignified
manner. Presented by this City of Miami Commission in July of 1976.
90, MIAMI DOLPHINS - USE OF ORANGE BOWL STADIUM ETC,
Mrs. Gordon: The next item would be number 27.
Mayor Ferre: Alright, telte up item number 23, Miami Dolphins.
Counsellor...
UNIDKATIFIFJ SPEAKE : ...but it really isn"t, it's a little
later. I've been here so long, I thought it was still morning.
Mayor Ferre: Mr. Andrews, do you want to begin this or do you
want to hear Croa Mr. Paul first or what?
Mr. Andrews: I c€Ln Le of scrr,:? assistance in indicating the status
of where we are. You will recall that the last time that we
discussed this, the Citv CoN.a.ission had before it a proposal that
was offered to the Dolphins for the use of at least the Orange
Bowl for the first: too exhibition games. That would then, with
the understandinj in place for the two exhibition games, that
would allow r;..,rcrtime for negotiations to continue with reference
to the use of the Oi'ergc Bew1 over a longer period of time, at
least for the rest of this season. Mr. Paul, I guess, left here
with the understending that you would at least discuss this with
Mr. Robbie and if I'm mistaken about that, you tell me, Mr. Paul.
I guess we're ready to do some more talking as to how and what
kind of arrangc-eenta we would end up with as far as the use of the
Orange Bowl for at ieeet 4. eae two events.
Mr. Plummer: Mr. M yor, let nee voice a few comments. Even though
I have never said it in the previous discussion, I too, like
Father Gibson, am cl,ozouchly convinced that the Miami Dolphins
will not play anywi.eee bet in Miami and for the foreseeable future,
that only one place they will play is in the City of Mie.i's
Orange Bowl. I am so convinced of that, Mr. Mayor, that I believe
that if I am willing, as one of this Commission who have been
most adamant, shot cood faith on both sides, I believe that we
can get this negotieeion ',pack on top of the table within the next
30 - 60 days and he e' s w;,.t I would like to offer. I am
thoroughly convinced that r1—. can disagree but they don't have to
be disagreeable. I Y,auid like to proffer a motion at this time
to get the negotiet.icnr beck on top of the table which would give
us approximately 45 - GC d..ys, that the two exhibition games be
played in the Ore.°ige Eowl at no Eet fee. That the negotiations,
when are brought to conclusion which would have to be before the
regular starting season, that that fee, wi:atever is agreed upon,
would apply to the two exhibition games. Amen and I offer that
in the form of a motion.
JUL 221976
Mayor F'erre: there's a motion on the floor. Is there a
Second to that motion? Why don't you repeat your motion.
Mr. Plummer: My motion is that the first two exhibition games be
played at no set fee. That whatever the final negotiations for the
regular contract, that fee would apply to the two first or to the
two exhibition games.
Mr. Ernie Fannotto: Mayor, is this a public hearing, sir?
Mr. Plummer: You've got to see if I get a second, Ernie.
Mayor Ferre: Ernie, I'll recognize you after we have enough debate
among$t the Commission if there's any and is there a second to the
motion?
Mrs. Gordon: I'm not going to not second the motion bat just for
a point of information primarily, is this much different that what
you had proposed at a previous time?
Mr. Plummer: Yes, what it proposes, Rose, that in my previous mo-
tion and the conditions set forth before this Commission that if
no negotiation were to be reached, that the Ordinance would apply.
I'm convinced they're going to play in the Orange Bowl and I don't
feel that that is necessary, I feel that is sure.
Mrs. Gordon: Okay, may I then, prior to then seconding your motion,
ask Mr. Paul whether or not this type of action is the kind of an
action that would be acceptble to the Dolphins.
Mr. Dan Paul: Madame Vice -Mayor, I would assure you that the two
conditions that Mr. Plummer has in mind that the Miami Dolphins
want to play this seasons games in the Orange Bowl is absolutely
correct and the motion proposed by Mr. Plummer is agreeable with
us only one suggestion I would make, he said if an agreement wasn't
entered into before the first regular season game, any long term
agreement which we have every desire to enter into would have to be
approved by the Commission and I would suggest that you put the
date in of your first Commission meetings so that the agreement
could be brought here for your approval.
Mr. Plummer: Be more than happy to.
Mr. Paul: I don't think anybody would be in a position to approve
the long term agreera;nt until the Commission met again.
Mr. Plummer: Put a deadline of September 9th. I was trying to
leave it out but if you want it, I'm all in favor of September 9th.
Mrs. Gordon: Alright, and I'll second the motion with that inclu-
sion.
Mayor Ferre: There's a motion and a second on the floor. Discussion.
Rev. Gibson: I'm unalterably opposed. We have been for 6 months
trying to talk about this business. This is no way to:treat men
of honor and integrity. We aren't any further now than we were two
weeks ago. I said to this Commission that Mr. Robbie won't be here
today and Theodore Gibson is not a prophet but I'm a doggone sure
long way from not being right. I think that if we were dealing with
anybody else, you know what,tthey would either have to fish or cut
bait, that's what would happen, they would have to fish or cut bait.
7S
JUL 2 21976
I'M hot angry with ler. "obbie, I'm not angry with the Dolphins, we're
friends but I believe that I must run the business of this City in
a manner that is reap'3ct&i.4e and a manner that means that we intdnd
for people to deal with us in the same manner in which we deal with
:,them and let me tell you this, you aren't going to be any further, •
you aren't going to b? -;n fat•:_}.i• on the 9th of September than you
are now. Let me put this in the 1-cord. For the time I've been on:
this Commission, I've never received sc many calls and letters as I
have about two things. One I referred to earlier and the second one
is this. It seems. to me that we ought to tell our story because the
public is not aw• re . We have ben begging for 6 months, come now
and let us sit clo',..h together aAd reason, let us reason. Okay, that's
number one; r.0 er two, nobody has told the public that all of the
other users of the 0racge I pwl paid 10%. The Doli:'-rins pay approxi-
mately 4%. Somebody said to me when I said that the last time, he
said, well they're the major users. Well, grant you, it is also
true that as we surveyed professional football, 27 outfits, 20
answered and of the 20 that --answered, on an average nobody pays less
than 10% and you know, are you telling me that they are the major
users where they arc and we ought to be more considerate here and
bet me add co thc n pa9cr can get it in there, we GAVE to the
Rolphins. My prodes,sors awl that locks me in, that's what repre-
sentative, govcrnr,3nt and de 3c:acy is all about, it locked me in,
I'm a part of th:.t: action. Okay, we gave to them for 10 years
approximately $ 3 , 000 , 000 that we would admit and nobody is admitting
how much more over that. Alright, let's put something else in the
record so that our side will be told. All of the other users of the
Orange Bowl pay for their ticket -takers, pay for their ticket -sellers,
pa§s for their ushers. The Dolphins don't pay for that. People who
are taxpayers ouyilt to know it. We've never told our o1u story,
we've never told any of it. Okay, let me say something else. We
don't make that r:► u;h off the dolphins as a City.. For the number of
games we played laet year, we collected $240,000.00. For the
$240,000.00 we collected, we sent $200,000.00. If I'm not telling
the truth, Mr. Andrews, you don't have that many more days here, you
stand up and say, he's a liar and I'll go along with it. Let me
tell the public this also. We receive, we profit on the concession,
$300,000.00; that's more than we get for the Dolphins that play and
you know, I'ru going to add this in there, Mr. Paul, I remember very
shortly after. I got on this Covisaion, the Dolphin people came here
and made the ccncc 3c.ionaires give them, a piece of the action. Isn't
that true, Mr. A Y rews? Tell them as it it. Let us lea. our side of
the story be told. 'r;e newspaper is not writing it, that's what
happened and now they're part, they own the concession literally.
Nobody is telling ell of that and everybody is painting us as a bad,
bad, bad bunch of fellows. We arenft had. Some of us don't have
the temerity of our courage, the bac':bone to stand up and say, look,
it's either fish or cut bait. I have come to that point. I have
been the most cor..j-rur.;isinc r�-:n on this Commission, I always talk
about fish but you know what I'm discovering) they want me to give
and give and give until I give theca the Bowl but I want to promise
you, god and everybody else that ain't going to happen, not by me.
When I ran, ore of ;:he things ye said to the public was and still
is one of the t:hJ r;:; that we have that is most valuable to the City,
to people who live ir. the City was the Bowl was one of them and I
still feel that way ar.d I believe that this Commission ought to take
an affirmative action right now to pass the motion to put off, to
postpone is ducking the issue: rcc;.use we have done in this for 6
months tried to be patient a,id understanding and I'm not cad with
Mr. Robbie, I'm not r,::.d with the Dolphins, read the record, I said
this that the Dolphins have meant alot to us. All of you know that
more than any c1 r;;•c.ar. in this town I prayed for it more than ariy-
7E
UL 221976
body else and I' n,: ;.spared to pray some more but I'm also prepared
to see to it that the Dolphins pay its fair share and not complain
like a bunch of children and a bunch of puppets, I don't like it and
I'm going to vote against your motion.
Mr. Plummer: Mr. Mayor, let me, not really in rebuttel but, the
thing that Father has said, alot of it is true that I agree with...
Rev. Gibson: A11 of it is true! Plummer, tell me what isn't true.
Mr. Plummer: No, excuse me, Father...
Rev. Gibson: Don't tell me about that alot of it is true; the
inference is part of it's a lie. Tell me the part that's a lie.
Mr. Plummer: Let me rephrase it, Father.
Rev. Gibson: Please do.
Mr. Plummer: Alot of what you say, I agree. There is some that I
don't agree with.
Rev. Gibson: Well you better tell me that too...
Mr. Plummer: Oh, I will...
Rev. Gibson: Because I thought, based on the facts that the Manager
gave, I thought I delineated and reitereated correctly and there's
the Manager, if what I'm saying is not true, tell me I'm a liar...
Mr. Plummer: Father, I apologize...
Rev. Gibson: Go ahead, in the mike... No, no son, when you go on,
you come on right, man, go ahead.
Mr. Andxm s: The facts as you have stated them within $1,000 or so,
one way or another the figures you used were accurate.
Rev. Gibson: Okay, thank you. Now go ahead and tell your story.
Mr. Plummer: First let me apologizes rnr the phrasology that I used.
Some of your points and some of cL.3m 1 don't. Okay, now that's
number 1. Number 2, the only thing I am trying to accomplish today
is that this Commission does not meet:;again until September 9th.
Many of us will be going on vacation, many of us will be out of town
and the only thing that bothers me, the people who will suffer the
worse will not be Joe Robbie, it will not be this Commission, it
will be the fans who will be expecting to go to that football game
on the 31st of July and in no way am I compromising my position and
my thoughts as it relates to the Orange Bowl and its contract but I
am giving an additional 45 days, what is the first scheduled game,
Mr. Andrews?
Mr. Andrews: The 31st of July.
Mr. Plummer: No, the first scheduled game.
Mr. Andrews: Oh, it's September...
Mr. Plummer: The 26th of September so we put a deadline of Septem-
ber 9th, giving an additional 6 weeks with hopefully men of good-
will will sit down and negotiate a contract and get us off of dead
center, where we are today.
7T
J U L 2 2 1976
Mrs . Gordon: There :.z e a couple of women involved too.
Mr. Plummer: We've got a couple of women involved. God bless us
all but that's the only thing that I'm trying to do is get us off
a dead center and get us back into negotiation and not make the fans
suffer for it.
Mayor Ferre: Okay, let. me ask a c;n' st'.4 on again for the record be-
cause sometimes there's confusion abcu t this. Mr. Andrews, over
the past 10 years, we have made about $4,000,000 approximately from
the Dolphin payments. I'd like to ask...
Mr. Andrews: Mr. Mayor, not to correct that but...
Mayor Ferre: These are gross receipts I'm talking about.
Mr. Andrews: The gross receipts from the Dolphins represent about
2.6 million dollars and their earnings over 10 years was $36,400,000.
Mayor Ferre: Okay, I just want to make a few comments and please,
Paul, I'm not trying to delabor the issue or become antagonistic
about it, just for the record I want to get a couple of things clear.
Alright, now how mr:Ach have we received during that same period of
time from other sources which mainly would be the University of Miami
and the Orbilye bowl Committee?
Mr. Andrews: I don't have that information here.
Mayor Ferre: Let me ask you this. You say that if we get, last
year we got $250,000.00, 244, and you said it cost $200,000...
Mr. Andrews: $202,000.00.
Mayor Ferre: Was our cost so what we really netted out of it was
$42,000,000.00, is that correct?
Mr. Andrews: That is correct, about $3,800.00 per game.
Mayor Ferre: Alright, now let me ask you this. Do those funds go
into the general revenue?
Mr. Andrews: No, they do not.
Mayor Ferre: Are they used for other purposes other than the Orange
Bowl?
Mr. Andrews: No, they do not.
Mayor Ferre: Alright, now the Orange Bowl, the monies that we net
out of this whole operation go back forothe improvements of the
Orange Bowl, don't they?
Mr. Andrews: Yes, they do.
Mayor Ferre: Alright, so that means that whoever the users are are
the beneficiaries, is that correct?
Mr. Andrew: That's absolutely correct.
Mayor Ferre: Alright, now Mr. Robbie, the other day, at a press
conference, actually at a dinner, stated that he didn't want to see
the poor fans of Miami stuck with a $3.00 increase. Now since they
ar
7i
JU! 221976
are paying 3 - 4% and since, oh I'm glad to see Mr. Robbie here...
Joe, I was trying to get something clear up here. The average ticket.
for the Dolphins, and this is just for matters of getting it on the
record, we're not trying to get into a debate here but just for the
record, how much does the average ticket sell for? Could you an-
swer that, Mr. Paul? Do you know?
(INAUDIBLE)
Mayor Ferre: $9.00, okay. I was just trying to figure out how we
could get this going up from $9.00, you said that there would be a
$3.00 increase which would put it up to $12.00. Now if you're paying
3% and that you would go up to 10%, I don't see how, because 3% of
$9.00 is less than 300.
(INAUDIBLE)
Mayor Ferre: Well what I'm trying tosay is that out of $9.00, 300
goes to the City of Miami if it's 3 or 4% and if you went up to 10%,
there's no way a ticket increase could be $3.00 and I'm just trying
to point out that the numbers don't make sense and especially if you
take into account the fact that most of the money, you see, when you
pay Don Schuler $2,000,000 over a 5 year period or whatever the figure
was,vthat's fine, I think that man is well worth $400,000 a year or
300 or 200 or whatever it is that he's getting but certainly the
Orange Bowl, I just want to make this point that the Orange Bowl,
the place that you played and where you built $36,000,000 in a 10
year period is also a valuable item and I just don't want to belabor
the point but I did want to make the essential point that the majo-
rity of the money that goes into the Orange Bowl, into the City,
excuse me, through the Orange Bowl is used to operate the Orange
Bowl and the rest of it, the very little that's left, is used to
improve the facilities so certainly I think, these type of letters
that we've been receiving, and in my case, Father, they're about
50/50, I get some in favor and some against but some of these people
that are saying that we're giving, that the City of Miami is really
sticking it to the fans and how terrible it is that we're doing this
to the Dolphins and I think that that's rather unfait and I just
wafted to say on the record that I feel it's unfair and I hope that,
and I want to adtit guilty to perhaps adding to all of this and I
hope that in the future, Joe, that.-- -an just forget about all of
this stuff in the past and just get on a positive basks and try to
work this thing out so that we can all serve the community that we're
all trying to serve and get on with this thing anr.l cet going. .(1.
with that I would like to see if there is any further c'.iscussion.
.:r. rlurtmer: .dr. ::ayor let me just exj ress to Mx. Robbie and to
Air. Paul that this motion of mine carries with it a lot of good in -
ten I cx.ect that intent will develop ne:.t week in your first new
meeti.nc of negc'tation. Mr. Andrews will be here next week and he
can brief Mr. Grassie and then "Welcome to Miami, Mr. Grassie."
Mrs. Gordon: I heard Mr. Grassie's comments on the radio station
and I will commend him for the position thathe took and he said that
people who are willing to cooperate can cooperate and can reach an
agreeable solution to any problem. So I concur that we can reach
an agreeable solution to all parties. I feel optimistic about it.
Mayor Ferre: Ernie, this is not a public meeting but we will recog-
nise you if you will make it brief.
Mr. Ernie Fannotto: I'll make it brief, Mayor. Honorable Mayor,
members of the Commission, Reverend Gibson, I want to c®mend you
7?
JUL 221976
oh your special points that you brought out. I'd like to bring this out: I
think the Dolphins have had a splendid football team here in the City of Miami.
They've helped Dade Luuc;`v; we've gotten unlimited publicity; they've been an
asset to the businessmen; I think the businessmen need the Dolphins, the Dolphins
need the businessmen. We want them here but I'll tell you, there is a limit -
we're not operating a kiddie shcw here, this is a business. And the time has
arrived when it is either yes or no. We've got to spend millions of dollars for
improvements in that Orange Bowl, you've got to know where you stand, when you're
going to start. And I'd like to say something else. That Orange Bowl is worth
it, let's say at the worst $15,000,000. Sc what are we getting on our invest-
ment if we do get that much money? About 1% from the football team? That's not
an appropriate investment. I say ... If Mr. Robbie means business let him act
business. As far as Commissioner Plummer's proposal, that is out the window as
far as I'm concerned and I think he has been a very outstanding commissioner but
I have to disagree with you at this time, Mr. Plummer. I think that you might
risk losing all that money...take about face and move out of town. And I don't
think he is going to do that but that isn't the point. You've just about had
it. You've been here as Commissioner Gibson says for 6 months. Now if you want
to be business let's act business. And Mr. Robbie is a businessman, let's talk
contract and do it right now. I'd like to go on record I think you should com-
promise. If he doesn't want to pay 10% let him have it for 9%. But let me tell
you something, it is going to be a long term contract or no contract. I can tell
you one thing, we can get other franchises here if Mr. Robbie doesn't want it.
We can make money with that Orange Bowl but I think he should have presence. He's
the tenant, he's been a good tenant. It's been an outstanding football team with
national recognition, national publicity over the year which I think is very im-
portant from the standpoint of business in this city and county and state. But
let's just not, this baloney of just going on and just going on from game to game
"No". Reverend Gibson, you hit the nail on the head. Let's either talk business
right now and let's get it over with. You know you're not going to have any more
minutes. Here is Mr. Robbie here, he's a businessman, let's talk business but
not child's play.
Mayor Ferre: Thank you very much.
Rev. Gibson: Mr. Mayor, let me make one further comment. Because you know every
once in a while I read that Psalm, "My Cup Runneth Over". Let me tell this other
part to let you know that we aren't such bad guys and that some of these people
who are painted so good aren't so good. There are some bleachers, there were some
bleachers, I don't know if you knew this, Mr. Mayor and other members of the com-
mission. There were some bleachers in the east end zone. That used to be where
all black folk sat. You know? Ok. The bleachers are no longer there, the City
of Miami wanted to negotiate the Bible. Did you know that? You know what happened?
We conveniently lost those seats, conveniently lost them. The City wanted those
seats so they could increase the seating capacity of such stadiums as Curtis Park.
And we were dealing with a man who says to us - Good Will, Good Will. And you
know we didn't get the seats, those bleachers. I wish you asked the Manager what
happened to them because I didn't see them. Ask the Manager. The Manager indicated
to us that he was going to negotiate for them. Tell us the story, Mr. Manager.
Tell is for the record's sake.
Mr. Andrews: Well, the sequence of events were that we comm.inicated with the
Dolphins or they communicated with us with reference to the seats, the fact that
they were going to conclude, when the contract concluded that they were going to
remove the seats. Dealing through Mr. Aleles principally the city finally
made an offer and it was an initial offer of $10,000 and non -restoration that the
Dolphins would have to go through as far as restoring the area once the seats were
removed and there would be no obligation on the part of the Dolphins to go through
the cost of removing the seats. That was our initial offer. It was rejected off
hand and we've heard no more since that time. Well, since that time as I under-
stand it they have sold or disposed of and the city cannot have advantage of that.
One of our objectives was to, and this was prior to the time a decision was really
made on the playing surface, the object was to try to secure those seats so that
they could be moved to Curtis Park so that we could have a suitable facility, move
the number of high school events out of the Orange Bowl so that the Orange Bowl
wuld be a better playing for both the Dolphins and the university in the Orange
Bowl.
Mr. Dan Paul: Mr. Mayor, let me just say one thing on the seats because Mr. Andrews
has not told you the facts. The seats are still there, nobody has removed them.
We received a letter from the city aild we were advised to remove them because you
wanted to put the scoreboard there. The seats are still there because the Orange
Bowl Committee has asked that they remain. The Dolphins don't want the seats in
that end.
JUL 221976
Mayor Ferre: Would the Dolphins sell them to the City of Miami?
Mr. Paul: I don't kew what the status with the Orange Bowl Committee is on the
seats but the Orange Bowl Committee were the first to ask for the seats and it was
the city that told us to move them out. So that is something that has to be settled
with the Orange Bowl Committee. It couldn't be settled here.
Mr. Andrews: We've got the documentation and I can give the documentation if we
have to. And I we can read the letter that I sent and I can read into the record
the letter that i received hack. It was not politely stated.
Rev. Gibson: Mr. Mayor, I want the documentation. I want to be enlightened. Let
the Manager read the documentation.
Mr. Fannotto: Mr. Mayor, I want to thank you for letting me speak. I'd just like
to make one final statement. I think we should bend over backwards to keep the
Dolphins here. We want them. I think the fans want then to be here and I as Pres-
ident of the Tax Payers' League would like to make the statement in the records I
think we should bend over backwards. If they get a permanent contract for a 10 year
contract at 9% I think that should be agreeable with Robbie and I think it'll be the
best interest of all the businessmen here in Dade County which, cf course, they
cater to. They do bring a lot of business. We should consider that.
Mayor Ferre: Thank you, Ernie. Alright, is there firther discussion at this time?
Rev. Gibson: I want the documentation. I don't want anybody going out of here say-
ing that I'm blind and that I'm mad with the Dolphins. Ok? Give us the documentat-
ion, Mr. Andrews.
Mr. Andrews: Yes, we're getting it.
Mayor Ferre: Paul, while we're waiting and while Mr. Robbie is here maybe we can
resolve one problem while we're waiting. What's happened to the scoreboard situat-
ion? Where are we and can we solve that? Is there any way to get that?
Mr. Andrews: We're close to a solution but not quite close enough. What has
occurred is that eh concessionaire has had to try to secure advertising of products
and business that do not necessarily sell any products in the Orange Bowl. That is
another matter that becomes very difficult to resolve in that when we had certain
products that could be advertised which were sold or could be sold in the Orange
Bowl we attempted to deal or they did attempting to deal with concessionaire in secur-
ing their permission that that product would be sold on an equal basis continuously
during this period of time. The Restaurant Associates when they received that inform-
ation through their attorneys, as I understand it, forwarded it to the Dolphins,
the Dolphins through Mr. Aleles met with me on at least one occasion and the
Dolphins wanted to know what was available to them as a result of entering such a
contract if a requirement of their approval was needed and this caused a prohlem
of not being aboe to advertise certain products so as a result of that we had to
abandon certain kinds of advertising and the people are out trying to secure a
different type of advertising. That as a necessity slowed down the installation of
the scoreboard but we are still optimistic that it will move ahead.
Mr. Paul: Mr. Mayor, perhaps I can save some time. We're perfectly willing to make
it part of the negotiations, the sale of the seats. The seats were bought by the
Dolphins, installed by the Dolphins at a cost of $130,000. I had to come and fight
the city inorder to get permission. The previous manager was very much opposed to
the stands being erected there. I had to appear at least 3 times before this com-
mission to get the permission. They're there, we're perfectly willing to negotiate
with the city for the sale of the seats which cost us $130,000. The only offer we've
ever received is $10,000. As far as we are concerned the seats can be taken out or
left in. It is the Orange Bowl Committee that really wants the seats. We don't need
them now.
Mr. Andrews: I want to correct the record. The city made an offer of $10,000 re-
lieving them of the cost of removal and relieving them of the cost of restoration.
The combination of those two are about another $26,000 but the object of all this
is we got nothing in return as far as offer is concerned. If we would have received
from the Dolphins that they expected $70,000 if so we would have had a basis of neg-
otiation. We did not get that.
Mrs. Gordon: How long ago are we talking about, Mr. Andrews?
Mr. Andrews: Well, the letters will speak for themselves. They're coming down
from our files.
l'/
JUL 2 21976
4
Zits. G.,i,.)n: The reason I mentioned the time factor is because when there are
feelings of ill will on either side it's harder to negotiate anything and I think
we are in a new mood .sight now. Right, Joe? Ok. And so we will have I think
less problem negotiating the seats and the contract and we'll move forward to a
successful season. I think we're going to be in the Super Bowl this year. Right?
Mr. Paul: As I said the Dolphins are perfectly willing to negotiate the sale of
the seats to the city if you want them.
Mayor Ferre: Do you have the files now, Mr. Jennings, the one that Father Gibson .
wants submitted into the record?
Mr. Andrews: ... But here is the response that we received as the result of the
offer of $10,000: "If the City of. Miami considers the stands in the East End Zone
to be worth only $10,000 I s';77.st they be removed before the Orange Bowl and Super
Bowl Games when the City of Miami, the Orange Bowl Committee and the National Foot-
ball League will make several times that in additional revenues from game tickets
and concessions. Neither the City of Miami nor the Orange Bowl Committee has a
dollar invested in these stands. They are being removed arbitrarily by the City
of Miami before the 1976 season. The Miami Dolphins are even expected to pay for
the necessary restroom facilities for the Orange Bowl and Super Bowl. The Orange
Bowl Committee will realize $45,960 gross revenue from these seats installed and
maintained at our expense. The National Football League will realize twice that.
The City of Miami will earn 30.5% of the concessions from the 160,000 people who
will attend these two events. This amount will approach $50,000 to the City of
Miami if the average sale to each person in attendance at each event is approximately
$1.00. Quite frankly I have finally become completely disenchanted with the second-
class treatment we have received ever since we have obtained this franchise. I
suggest at some time you look at the total earnings of the City of Miami as the
result of our presence. I have no intention of negotiating the value of the East
End Zone stands with you. If the City of Miami cannot be fair I have no pretent-
ion that I can compel fairness at the conference table. Joseph Robbie and it was
dated December 19, 1975.
Rev. Gibson: Mr. Mayor, I just wanted to make sure that the record would be com-
plete. You see,all of us sitting up here. You know I want the boys to know that
I know that that happened. And I want boys to know that I want the newspaper to
tell it because when I get the letters and get the calls and the newspaper articles
say, "You know you're a bad fellow" I want to tell everybody that this is my home.
I was born and reared here and I have nowhere to go.
Mrs. Gordon: What did you say the date was on that letter?
Mr. Andrews: December 19th, 1975.
Rev. Gibson: It's a long time, Rose.
Mayor Ferre: Well, I certainly hope that there is an indication of a new day com-
ing
Mr. Plummer: Mir. Mayor, let's clear the air. If there wasn't that thought in my
mind I would never have offered such a motion.
Mayor Ferre: Hey, you said it on the record, I agree with you. Now unless anybody
else has any further comments on it call the roll.
Thereupon, the preceding motion offered by Commissioner Plummer and seconded
by Commissioner Gordon was passed and adopted by the following vote -
AYES: Mr. Plumper, Mrs. Gordon and Mayor Ferre.
NOES: Reverend Gibson and Mr. Reboso.
SAID MOTION WAS DESIGNATED MOTION NO. 76-756. SEE RESOLUTION NO. 76-768.
ON ROLL CALL;
Mr. Reboso: Mr. Mayor, I want to see the city negotiating with the Dolphins from
a position of strength rather than a weak one. And in my opinion Commissioner
Plummer's motion two weeks ago was a lot stronger than this one so I'm voting no.
Mayor Ferre: Well, since obviously my vote is the deciding vote let me preface it,
and so you won't be worried I'm voting yes. But let me say that I don't think that
our posture in any way changes in the next two weeks even if there are two exhibit-
ion games. There is no way the Dolphins can leave Miami. Where are they going to
move to? Where can they find an audience that loves a football team as Bauch as
JUL 2 21976
i t
phis community loves the Dolphins. It would just be sheer foolishness. Now Mr.
Robbie is a good gusinessman and he is a tough businessman and he has been negot-
iating and he has gc*.ten himself one hell of a fine deal. Sure, he's done a lot
of good for the City of :,ii`mi that's true. But I don't think that the fact that
he plays two exhibition games here without having come to a final conclusion on
this is going to really make that much of a substantial difference in the long
..erm aspects of this contract. I think Mr. Robbie has a vision of something which
we do not agree with. We've given him tho.opportunity to bring his people down
and discuss that with us. We welcome them again. If they want to put their John
Hancock and guarantee that they can build a stadium of 70,000 people of seats,
chairbacks in Miami for a cost of $22,000 for the construction and bond it that
would be amazing to me and that would certainly change everything as far as I'm con-
cerned. I don't believe that is going to happen. Therefore, I think we're going to
end up agreeing with Mr. Robbie aad coming to some kind of a reasonable agreement on
two thing. (1) The improvements that should be made, parking, seatbacks, etc. (2)
Signing a long term contract so that we can go out and improve the Orange Bowl and
make it into a first class stadium. We well recognize that the stadium as it is
perhaps does not warrant a 10% of ticket sales. But on the other hand if we get to
improve it and we can improve it with a long term contract then perhaps it might be
reasonable. And I hope we can get to that some day. And on that basis, and on the
basis I think of showing a little more good faith which is what I feel we've been
showing all along without all the rhetoric and all the emotional aspects I vote yes.
Mr. Paul: Thank you, Mr. Mayor and members of the commission. We hope you will all
be at the game next week. Commissioner Gibson, we hope you will sit on the Dolphins'
side and pray for us. We don't want the man upstairs to be on the wrong side.
Rev. Gibson: I hope the prayer I say for you will change the hearts of a lot of
people.
Mayor Ferre: Well, we'll see you before the end of September, September 6th.
Mr. Pummer: Danny, you know you were the one that set the date that there must be
negotiations completed by September 9th. That was your proffer.
Mr. Paul: That's correct.
Mr. Joe Robbie: Mr. Mayor, I want to thank you and members of the City Commission
for passing this motion so that there is further available time to attempt to reach
an agreement. And I want to thank all five of you for the past support that you've
given the Miami Dolphins and the action that you've taken today. Thank you very
much.
Mrs. Gordon: I want to thank you ver mych, Mr. Robbie, for coming down here. I
really think it is a good sign to have you present. Thank you.
Mayor Ferre: Look forward to seeing you with a good contract in your hand on Sept-
ember 6th.
PERSONAL APPEARANCE CHARTER CLUB REQUEST FOR FEASABILITY STUDY
91' ATTY,S, ARONOVITZ FOR POSSIBLE MODIFICATION TO COMPREHENSIVE
ZONING ORDINANCE
Mr. Sidney Aronovitz: Mr. Mayor, it is always a pleasure to be able to be down here
before you. I'd like to request a point of personal privilege if I may proudly intro-
duce my law partner, my son, Tod Aronovitz who is practicing law with me these days
and I'm very proud to have him here.
Mayor Ferre: I see you're proud of Todd and I'd like to tell Todd that sir, if you
end up being anywhere near the kind of a lawyer, public servant and a citizen that
your father has been and with that distinguished name that you bear and a great
tradition of your uncle and your father and many members of your family certainly
I think you would be quite a distinguished man in this community and we wish you
all the very best.
Mrs. Gordon: He's already set out in that path, Mr. Mayor. I'd like to tell you,
Sidney, that Father Gibson quoted several of your remarks this morning and used your
name.
Mr. Aronovitz: Thank you. I hope it helped. Members of the commission, my appear-
ance here today is in behalf of Protean, Inc. which does business under the name of
The Charter Club which is at 600 N.E. 41st Street. They are having some probl3r,.s
which are similar to other ventures at this time in the community. The Charter Club
A3
JUL 221976
4 d
is located in an R-5 district. It has up to this point in time sold 42 units out
of 446. The developers who developed it found it necessary to turn it back to
Banker's Trust Compa... and Banker's Trust Company owns Protean, Inc. which is a
wholely owned subsidiary. Before it was turned back I had requested an opportunity
to appear before the commission for the original developers. They had already found
that there was tremendous interest since they're on an arterial street, 41st Street
with an entrance from it for use for professional office space as well as the multi-
ple residential uses. And they felt that they needed some help in a mixed use in an
R-5 district. But before I got to appear here the change occured in the ownership
that I've jus'_ referred to and the new owners are in there and they have now deter-
mined the same thing, that they can't make it unless they get some help. And I have
conferred with Mr. Acton and have learned that throughout the country as you know
more than I do since you're more keenly aware of it there is a tendancy toward
mixed uses to nixing professional office with office, developments such as the Omni,
such as the Four Ambassadors and others. And what we are here to request is that
the Commission refer to the Planning Advisory Board for a feasibility study the poss-
ibility of recommending a limited or restricted amount of usage for professional
office space in R-5 districts. And we would like public hearings to be held and an
opportunity to have an input into the considerations so that'the matter could be con-
sidered. We feel it would be helpful to all R-5's in the city that would be in a
similar situation.
Mrs. Gordon: Mr. Acton, somewhere in the back of my mind I recollect that we were
given this similar type of request where the Four Ambassadors is now sitting. And
at that time they wished to convert one of the towers to office use and they were
R-5 if I recall correctly and that particular case was handled by a change from R-5
to R-6.
Mr. Acton: That is correct.
Mrs. Gordon: Now I'm not familiar with the surrounding zoning of this particular
property or even what effect it would have upon the area if, in fact, R-C were put
in place in this location. But I would personally prefer not amending the R-5 zon-
ing perse because of the effect that it would have ig many other areas where maybe
a use of offices might not be compatible with the R-5. So in your deliberation will
you also consider the aspect of the change of zone.
Mr. Acton: Commissioner Gordon, I have discussed this with Mr. Aronovitz prior to
the meeting on a number of occasions.
Mrs. Gordon: Along these same lines?
Mr. Acton: Yes. But what we told him is that it has been our experience that in
condominium developments that the lower floors always sell last if at all. I told
him that there might be some room for amending the R-5 ordinance as it applies to
a certain situation where it is located on an arterial street and where there could
be separation of the residential and office uses. But nevertheless we'll still give
consideration to your thought about perhaps utilizing R-c.
Mrs. Gordon: What would the effect be on Brickell if, in fact, you approached it
the way you just delineated it?
Mr. Acton: Well, there is no R-5 on Brickell Avenue perse. It is, as you know,R-CB
and it is R-5A. There is some R-5, it's located along the bayfront off of Brickell
Avenue.
Mrs. Gordon: Off of Brickell....
Mr. Acton: In other words it would not be on a major arterial. But in any case
we'll look into that.
Mrs. Gordon: Maybe I'm thinking of the R-5A as the conflicting area. Ok.
Mr. Aronovitz: Among the considerations Mr. Acton pointed out were that an applicat-
ion for change of zone to R-C might set into motion a domino type of effect along
the bayfront and it was his feeling that it might well be addressed from a stand-
point of an amendment to the overall ordinance with proper safeguards limiting it
to areas that are in arterial road and also where the total square footage is of
such a magnitude that it would offer some safeguards. We would not certainly ask
nor would we request the commission or the Planning Board to consider something that
would be just carte blanche or anything like that. But we're willing to explore any
possibility including the R-C.
Mrs. Gordon: A11 you're asking is for us to refer it?
21
JUL 221976
Mr. Aronovitz: Right.
Mrs. Gordon: Actually what we're doing is referring this to the Planning Baord
and Department to come up with a suitable recommendation.
The following motion was introduced by Commissioner Gordon, who moved its
adoption.
MOTION NO. 76-757
A MOTION TO REFER TO THE PLANNING PJ)VISORY BOARD FOR STUDY AND
REPORT THE REQUEST OF THE CHARTER CLUB FOR A FEASIBILITY STUDY
AND POSSIBLE ADOPTION OF MODIFICATION OF THE CITY'S ZONING
ORDINANCE TO PERMIT MIXED USE OF CHARTER CLUB PROPERTY.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Mrs. Selma Alexander: Mr. Mayor, may I question an item of procedure? I'm Selma
Alexander. At the risk of seeming to be against motherhood because I have great
respect for Mr. Aronovitz and anything he is involved with and for anything this
commission might have to do, nevertheless, I question the procedure that has just
gone before and I question it on this basis: that Mr. Aronovitz spent from 3:30
until 4:30 waiting for this to be heard which is a waste of his precious time and
he spent about 5 minutes dealing with this and this by all ordinary procedural
methods should have gone to the Planning Board. It didn't need to be referred to
us by this august body. We are open and available, we're working on a Master Plan,
we need all the input we can get from all the citizenry and that's all I have to
say. That's why your meetings take so long and I know you're responsive to the
citizenry but so are we and this is the way it should go and....
Mayor Ferre: Selma, you're absolutely right.
Mrs. Gordon: Selma, may I comment, Mr. Mayor? Because having served for 8 years
on the Planning Board and knowing full well your feelings on the subject I would
like to say that there are times from time to time wherein some unusual matter is
presented and this is a rather unusual matter; yes, because it is an innovative
idea that is being generated for possible inclusion in our ordinances and there
is nothing wrong if the individuals or whoever might come to this commission asking
for a matter to be referred to... Or we could even come up with ourselves and say
that certain matters ought to be brought to the attention of the Planning Board.
Mrs. Alexander: Right, I quite agree and I understand your point but by the same
token, as I spoke this morningk we have just finished 18 months of public hearings
and asking for input from all segments of the community and this kind of attention
should have been, should have been brought to our attention and was as a matter of
fact. I mean all these kinds of innovative approaches, mixed uses are all over in
the recommendations in the Master Comprehensive Plan. Now whether it fits in this
particular area or not it may well be...
Mrs. Gordon: Selma, when you get it you're going to work on it, I have confidence
in your ability.
Mrs. Alexander: That's why your meetings take so long.
Mr. Aronovitz: Madame chairman, may I just simply say that certainly we had no
intention of bypassing but this was addressed in the form of a letter to the city
and this was the route that I was told to take and I did take it and it certainly
was not meant as an offense. I would have come directly to the Planning Board
had I known that's where it should have gone. But I did address the letter to
the Manager and I was on the agenda. Thank you.
Mr. Acton: Mayor Ferre, if I might I just want to make one point. In the past
you have indicated that on certain important policy decisions you would like to
have the commission make recommendations as they pertain to certain high density
areas rather than having the department or the board initiate those type of amend-
ments.
JUL 2 21976
PERSONAL APPEARANCE OF PABLO RAMIREZ WITH REFERENCE TO PARKING
VAN IN FRONT vF yfME,
Mayor Ferre: Take up Item 30. Is Pablo Ramirez here? Well I'll tell you what
this is about. Mr. Ramirez is a painter. He lives at 2235 S.W. 27th Terrace.
He has a neighborhor, a lady who is a widow who calls up and complains about the
fact that he leaves his truck out in the driveway which, of course, is against the
ordinance and it is against the law. Now Mr. Ramirez is a working man who lives
from painting and he doesn't know to leave his little truck and because besides
painting with this little truck he also goes to the grocery and leaves the children
in school and what have you in that van. And technically the widow Mc Coy or
whatever her name is is right. But this poor guy, I told him that he should go
and do it in an orderly way and so he wrote a letter petitioning the commission
that this matter be heard. Now I don't technically, Bob, that we can do anything
for him. The only thing we can do I think is schedule, and I would like to request
that this matter be on a general basis scheduled for discussion because he's not
the only one that's involved with this problem. Now residential areas are resi-
dential areas and they should be treated as residential areas and I don't think
that we should have any semi or a trailer or big industrial piece of equipment and
I c.:n:'t think that that man ought to keep that compressor there. But as far as his
van is concerned he made a point to me which made an awful lot of common sense. He
said, "You know if I took the declaration on the side of the van that says Decora
Paintina, telephone---, call for painting estimates and just had a portable sign
that I would put on as I left my home technically I could park that van in that
driveway because it would not be a commercial vehicle." So I said to him, why
don't you do that?
Mr. Ferencik: Well, if he does that then he's in violation of another law, not ours.
But we had an agreement with this man one time that he would leave only that truck
there but he persists in putting that other equipment, and at one time or another
maybe other people he employes or whoever have other trucks on the property and
also I guess they go to work very early in the morning. This matter is in the County
Court at the present time. There has been an arraignment on that thing.
Mayor Ferre: Ok, well my opinion is this. I think, Paul, that we should put not
this item but the general idea of what a commercial vehicle in a residential neigh-
borhood is. You know things have changed in Miami and we have mostly especially
in the core part of the city, it's become a Cuban community. And a lot of people
that live here are people that work in trades. They're carpet layers and carpenters,
painters and things like that. And I think in my personal opinion that we've got to
modify somewhat not to permit that. I agree, I think that is wrong. I don't think
tat that guy should have that compressor or that buggy there. I do think that he
should be allowed...
Mr. Plummer: That's two buggies.
Mayor Ferre: No, that's one. I only see four wheels.
Mr. Plummer: Yes, but it is two buggies. It is two trailers, they're headed into
each other.
Mayor Ferre: Oh, two trailers tied together. Oh, I see. Ok. Now you've done it,
you've told him that he could leave his van but he couldn't leave this thing but
technically you're wrong. You can't allow him to do that.
Mr. Ferencik: Well Mr. Mayor, you're absolutely right, the ordinance needs better
definition.
Mayor Ferre: That's my point.
Mr. Ferencik: Now the County Court wouldn't support you on a charge of the man and
the van. They just wouldn't support you. If I came in there they would fine him
not guilty. But when he starts parking the other equipment there that's
Mayor Ferre: Mr. Ferencik, I'm not his lawyer, I just happen to know the man
because he did some painting for me once and that's it and I'm not here arguing his
case. All I'm saying is in my opinion we have got to revise the ordinances on what
a commercial vehicle is in an update in a residential area. Ok? That's all. And
I would like to have somebody make a motion to that affect or I'll make the motion.
Mr. Plumper: We took care of Juan Valdez and his burrow now we'll take care of
Pablo and his van.
JUL 221976
Ferre: Alright, there is a motion by Reboso, a second by Gibson. Further
uiscussion on the item that this matter be brought up by administration, studied,
revised and recommen':,d for a public hearing to change whatever it is that needs
changing? Call the roll.
The following motion was introduced by Commissioner Reboso, who moved its
,.ion.
MOTION NO. 76-758
A MOTION REQUESTING THIS ADMINISTRATION TO STUDY THE PROBLEM OF
PABLO RAMIREZ OF 2235 S.W. 27TH TERRACE, WITH REFERENCE TO OB-
TAINING ZONING RELIEF FOR PARKING OF HIS VAN IN THE DRIVEWAY
OF HIS HOME, AND POSSIBLY TO RECOMI.END REVISED REGULATIONS CON-
CERNING TRUCKS IN RESIDENTIAL AREAS.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
93, REIMBURSE BOBBY DYKES Q ALVIN GOODMAN+� FOR TRAVEL, FOOD r LODGING
,'WO
EXPENSES INCURRED IN ATTENDING 'RLD JOXING ASSOCIATION CONVENTION •
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-759
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
TRANSFER $1,000 FROM THE CONTINGENCY FUND TO THE APPROPRIATE
ACCOUNT TO REIMBURSE BOBBY DYKES AND ALVIN GOODMAN, MEMBERS
OF THE BOXING AND WRESTLING BOARD OF THE CITY OF MIAMI
EQUALLY FOR THEIR TRAVEL, FOOD AND LODGING EXPENSES INCURRED
IN ATTENDING THE WORLD BOXING ASSOCIATION CONVENTION IN WASH-
INGTON, D. C., ON AUGUST 24-27, 1976.
(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 an
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
27
JUL 221976
94, PROPOSED CHARTER AMENDMENT - SALARIES OF MAYOR & COMMISSIONERS
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE SETTING FORTH A PROPOSED CHARTER
AMENDMENT AMENDING SECTION 4(h) OF THE CHARTER OF THE
CITY OF MIAMI TO PROVIDE THAT EFFECTIVE NOVEMBBR 10, 1977,
EACH COMMISsiONER OF THE CITY OF MIAMI WILL RECEIVE AN
INCREASE IN SALARY FROM THE $5,000 PREVIOUSLY ESTABLISHED
IN 1949 TO $12,000 AUALLY ANJ TEAT THE MAYOR-CO;•MISSIONER
WILL RECEIVE AN INCREASE IN SALARY FROM THE $5,000 PREVIOUSLY
ESTABLISHED IN 1949 TO $15,000; SUBMITTING THE PROPOSED
CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF MIAMI AT
THE SPECIAL MUNICIPAL ELECTION ON SEPTEMBER 28, 1976;
PROVIDING THAT THIS CHARTER AMENDMENT SHALL RE REFERRED
TO AS "PROPOSED CHARTER AMENDMENT NO. 1"; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND
CONTAINING A SEVERABILITY PROVISION.
Was introduced by Mayor Ferre and seconded by Commissioner Plummer, for
adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following
vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
:Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Mayor Ferre and seconded by
Commissioner Plummer, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8570.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public. _
PROVIDE FOR HOLDING OF SPECIAL BOND ELECTION
95, EMERGENCY ORDINANCE - $i0,000,00 FIRE EQUIPMENT BONDS
T 1.T O13T7►.fT,1 "'!MTMLt'n-
AN ORDINANCE AUTHORIZING THE ISSUANCE, SUGJECT TO THE ELECTION
HEREIN PROVIDED FOR, OF $10,000,000 BONDS OF THE CITY OF MIAMI,
FOR THE PURPOSE OF PAYING THE COST OF FIRE FIGHTING, FIRE PREVENT-
ION AND RESCUE FACILITIES, INCLUDING THE CONSTRUCTION AND RECON-
STRUCTION AND IMPROVING OF FIRE STATIONS FOR THE CITY OF MIAMI,
ADMINISTRATION BUILDING, OTHER STRUCTURES, EQUIPMENT, VEHICLES AND
COMMUNICATION SYSTEMS RELATED TO THE TRAINING, ADMINISTRATION AND
OPERATIONS OF THE FIRE DEPARTMENT IN THE CITY OF MIAMI AND THE
ACQUISITION OF ANY NECESSARY LAUD AND EQUIPMENT RELATED THERETO;
DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE, AND PROVID-
ING THAT THIS ORDINANCE SHALL GO INTO EFFECT IMMEDIATELY UPON
ITS PASSAGE, AND DISPENSING WITH THE READING OF THIS ORDINANCE
ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE COMMISSION.
Was introduced by Commissioner Plum:;er and seconded by Commissioner Gibson, for
adoption as an em ryency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to 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.
PP
JUL 2 21976
Whereupon the Commission on motion of Commissioner Plummerand seconded by
Commissioner Gibson, .-anpted said ordinance by the following vote-
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
AWES:
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8371.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
96, EMERGENCY ORDINANCE ' $1O,000 STREET LIGHTING BONDS
AN 0^.DINA:1,':".. D•."'II
PROVIDE FOR HOLDING of SPECIAL BOND ELECTION
AN ORDINANCE AUTHORIZING THE ISSUJANCE, SUBJECT TO THE
ELECTION HEREIN PROVIDED FOR, OF $10,000,000 BONDS OF
THE CITY OF MIAMI FOR THE PURPOSE OF PAYING THE COST
OF STREET LIGHTING FACILITIES; DECLARING THIS ORDINANCE
TO BE AN EMERGENCY MEASURE, AND PROVIDING THAT THIS
ORDINANCE SHALL GO INTO EFFECT IMMEDIATELY UPON ITS
PASSAGE, AND DISPENSING WITH THE READING OF THIS ORDIN-
ANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gordon, for
adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following
vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gordon, adopted said ordinance by the following vote -
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
AYES:
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8572.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
JUL 221976
PR9IIVAD FOR HOLDING OF SPECIAL BOND ELECTION
97, EMERGENCY ORDINANCE - $L ,UUU SANITARY SEWERS BONDS
Am ORDINANer FNTI'rLPTI-
AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION
HEREIN PROVIDED FOR, OF $25,000,000 SANITARY SEWER BONDS OF THE
CITY OF YTAI, FLORIDA FOR THE PURPOSE OF PAYING THE COST OF
IMPROVEMENT'S AND E'YTF NSIONS OF THE SANITARY SEWER SYSTEM OF THE
CITY OF MT AMI ; DECLARING THIS ORDINANCE TO BE AN EMERGENCY
MEASURE, AND PROVIDING THAT THIS ORDINANCE SHALL GO INTO EFFECT
IM;EEDIATELY UPON ITS PASSAGE, AND DISPENSING WITH THE READING
OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS
THAN FOUR -FIFTHS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gordon, for
adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following
vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gordon, adopted said ordinance by the following vote -
AYES:
NOES: None.
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8573.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
98, MOTION OF INTENT MR, ALAN A, ROGERS/ U,S,FOREIGN SERVICE
U,S,GOVERNMENT PAYS 80% AND CITY 20%
TO EMPLOY
"a"cr
T i.a..n :+nnn the Fnro4 nn Corm nc Dersnnnnl T1....�+.�-
ment, a United States Information Agency which, as you know, is part of the State
Department. And Manolo, I want you to hear this. And Miami has been chosen as
one of the cities which they would like to place one of their middle management
people in the State Department as an interim for a year. Now first of all it is
an honor that they've chosen us. What they do is they go around and look at cit-
ies. They want, a lot of these State Department people get away from the United
States and after 5 or 10 years they kind of forget what it is all about. So they've
come up with a new program where they have every once in a while these people that
are 30 to 40 years old, men and women that are career professionals in the State
Department either in U.S.I.A. or the Counselor Corps or the Embassy and they bring
them and they assign therm to a city where they function for a year and whatever
assignment we give them provided, however, it is acceptable. So they wrote me
about three or four months ago and said this was a possiblity, did we have anything
interesting for somebody. I wrote back a letter saying yes, Miami was a thresh-
old bridge city and that we would want somebody, an American that might speak
Spanish and might have interest in foreign trade. I was thinking of Charlie Crumpton
and all of us on our Foreign Trade Center and our forthcoming Convention Center and
our Tivoli Gardens and what have you. And so they searched in their files and found
a man by the name of Alan A. Rogers who is presently in the foreign service in Spain
in Barcelona. And the requirement is that we pay 20€ of his salary. So it would
cost us $4,654.00 to have such a person work for one year in the City of Miami.
They would pay his travel expenses, living expenses and everything else. And our
obligation is to pick up 20€ of his salary which is as I said $4,654.00 and I think
it is a great opportunity. We have to decide, and I would let the Manager or the
new Manager decide where exactly he would assign him or whether he would be assigned
to the commission or to the Mayor's Office. They kind of wanted him assigned to
the Mayor's Office. Frankly, I think he might be really better off in the Manager's
Office. I don't think they understand the Manager form of government but that is
90
JUL 221976
something that I'm perfectly willing to be flexible on. I would just like the
Commission to...
Mrs. Gordon: What would he do, Maurice?
Mayor Ferre: Well, he sould be assigned, for example, to such a thing as helping
us in our Convention Facilities and getting a Trade Center going, for example.
That might be one of the things he could do. He could, for example, work in our
Convention Bureau and our Tourist Bureau. I could think of a half a dozen things
that a person, he's in his mid 30's. He's an experienced foreign officer and I
think it would be of great value to the city to have somebody like that if indeed
we're trying to become an Inter -American Center and a gateway to Latin America.
I think this would give us in-house expertise for one year that is absolutely
invaluable. I mean, for example, let me give you an example. We took a trip to
Caracas and to Bogota and there we met with Mr. Stewart of the C.I.P.E. and Reboso
and I have been corresponding and meeting with Arfela at the 0.A.S. trying to get
the 0.A.S. to open an office here. This is the kind of a person that can do some-
thing like that, that could help us do something like that.
Mr. Andrews: I think there might be some other benefits too that if you had a
person like that and was assigned to the City Manager associated with the staff,
if nothing else the staff would certainly get $4,000 worth of value in learning
how to deal with these other countries...
Mayor Ferre: Can you imagine if we're getting a top executive from the Foreign
Service for $4,600 for a year?
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 76-760
A MOTION OF INTENT TO EMPLOY MR. ALAN A. ROGERS OF THE UNITED
STATES FOREIGN SERVICE TO WORK FOR ONE YEAR IN THE CITY OF MIAMI,
THE UNITED STATES GOVERNMENT TO PAY 80% AND THE CITY OF MIAMI
TO PAY $4,654.00, OR 20% OF HIS SALARY.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
99, EMERGENCY ORDINANCE - GENERAL ORDINANCE CALLING BOND, SSUE
tLECTION JEPTEMBER 2 TH
INCLUDES DISCUSSION OF BROCHURES TO EXPLAIN BOND IS'6UE
AN ORDINANCE ENTITLED -
AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL BOND
ELECTION IN THE CITY OF MIAMI, FLORIDA, ON SEPTEMBER 26,
1976; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE,
AND PROVIDING THAT THIS ORDINANCE SHALL GO INTO EFFECT
IMMEDIkTELY UPON ITS PASSAGE, AND DISPENSING WITH THE READ-
ING OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT
LESS THAN FOUR -FIFTHS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gordon, for
adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following
vote -
AYES:
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES; None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gordon, adopted said ordinance by the following vote-
9/
"JUL 2 21976
AYES:
NOES: None.
Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8574.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
Mayor Ferre: Paul, would you explain what the situation is. We've got three
things on the Bond Issue and we have a fourth one which is the salary situation.
Now in the past we have always put out brochures explaining. I want to tell you
something. I frankly do not see any difference between whether we're asking
people to vote for increased salaries for the commission, the Mayor or whether
we're passing bond issues. If it is right it is right, if it is wrong it is wrong.
All we do is put out brochures that are explanatory, for us to leave that out
would be like saying well we don't think this is right and therefcre, we're not...
It's almost like an admission of guilt. I make no apologies for this. I happen
to feel strongly that we're doing it right and let it stand. And I think that
whatever information you put out it should be for all things, that to confront the
voters in this election that are city oriented.
Mr. Andrews: Fine, we'll do that.
100, PREPARED RESOLUTION- ACCEPT STATUE FROM GOVERNMENT OF CHILE
The following resolution was introduced by Commissioner Gordon, who moved
its 3aehtion.
RESOLUTION NO. 76-738
A RESOLUTION ACCEPTING FROM THE GOVEPNMENT OF CHILE A BRONZE
STATUE OF BERNARDO O'HIGGINS, TO BE PLACED AT BAYFRONT PARK
ON SEPTEMBER 18, 1976, AND AUTHORIZING THE CITY MANAGER TO
MAKE THE NECESSARY ARRANGEMENTS FOR ITS ACCEPTANCE AND PLACE-
MENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES; None.,._
101, DISCUSSION OF RESPONSIBILITY DURING CEREMONIAL EVENTS SUCH
AS STATUE DEDICATIONS, ETC,
Mayor Ferre: Paul, I felt very embarrassed mainly for you and for Joe Grassie at
the way this Dominican situation statue was handled. It wasn't anybody's fault
and you can't really blame people for being emotionally wrapped up and involved in
what they did and they were very proud and I think that's great. But you know on
the other hand you know the City of Miami was really almost that whole thing.
We just almost happened to casually be involved even though it is our park and we
did provide certain things and what have you. I think we've got to in the future
be very careful how we approach these. Now we're going to do one with Chile. I
think we've got to do it in the right way.
Mr. Andrews: Mr. Mayor, I'm so sensitive in this area. Now I've said something
to you about three times now in reference to this and I think what has to happen
is we have to recognize and everybody has to recognize that you according to the
Charter are charged with the responsibility, you of being the ceremonial head of
the City of Miami government. That's #1. #2 Between your staff and the City
Manager's staff everyone is going to have to recognize that and that any request
9�-
JUL 221976
that you receive or that we receive, when there is community participation it►
an event of the typd that took place as far as the Dominican Republic Statue is
concerned, is that the Mayor will now become the person through whom all of this
should be coordinated. You're the one that should see the program and you're
the one that should approve it. You're the one that should approve the arrange-
ment of speakers. We can assign all of that to proper people in the City of
Miami to make sure that there's a proper podium, microphones, decorations and all
the work on a very fin0 h'gis. And really when we have complete control of that
for you those things go real well.
Mayor Ferre: Well, I'm glad you said it because that's what I was referring to
but you've really made it much more specific and it has happened both in internal
items and external. You know I was talking specifically about the Little Havana
Community Center and I'm specifically talking about the unveiling of that statue.
And I think that it is very important that we in the city administration or the
Mayor's Office, as you correctly point out, keep absolute control so that these
things are not out of our hands.
Mr. Andrews: And Mr. Mayor, another area that is really a benefit to you' and the
commission, you can't very well say to your constituency, "We don't want to handle
it that way", but when the city administration becomes involved we'll be very specif-
ic with them and say, "This is the way it must be done because the Mayor is the
ceremonial head of the city government. We'll get your approval then as to the
way these things are laid out and what is arranged...
Mayor Ferre: Otherwise, you see, we really can't move because for example, that
program that was put out by Dr. , who's a wonderful man by the way. He was
a former speaker of the house in Cuba and just a gentleman in every sense of the
word, a beautiful man. But you know, he left the City of Miami out of this whole
thing.
102, DISCUSSION:
POSSIBLE ACQUISITION OF TRIANGULAR PIECE OF PROPERTY
ADJACENT TO PARK ON BRICKELL AVENUE,
MAYOR'S TREE PLANTING PROGRAM
Mayor Ferre: Now let me ask you this question. The property on Brickell Avenue,
remember that we said we were going to look at those two corners off of Brickell
and the causeway. One used to be owned by the church right in front of the Holiday
Inn and the other one is that triangular piece that backs up into Wainwright Park.
Is that coming along? When are we going to have a report on that?
Mr. Andrews: We'll try to send you a memorandum report, I don't have that informat-
ion here now.
Mrs. Gordon: Which piece are you talking about near Wainwright Park for my edifi-
cation?
Mr. Andrews: Just to the south...
Mrs. Gordon: contiguous with it or across the street from it?
Mr. Andrews: Across the street from it where we turn around now. We closed the
street at that point and turn around and come back. It is that triangle to what
I call the south.
Mrs. Gordon: Does a part of it face on U.S. 1?
Mr. Andrews: Yes.
Mayor Ferre: Rose, here is U.S. 1, here is the causeway out to, and here is old
Brickell Avenue that they closed off now. If we buy this piece of property we
can close off this street and make this the entrance to the park and we end up
with a beautiful park and closing this whole street off for residential use over
there. We end up getting this as part of the park and guaranteeing that nobody
ever builds anything on that.
Mrs. Gordon: Would that be contiguous to the property that is built up on that
side of the street, Maurice?
Mayor Ferre: No, this used to be the Tubby Fields'... That is a vacant lot now.
Mrs. Gordon: Yes, well what would you do, cut the street through the middle of
the vacant lot?
93
JUL 221976
•
Mayer Ferre: Sure, that's the entrance to the park and that way this street here
wot'ld be cut off and then this becomes park. We end up with a beautiful park right
off of U.S. 1 instea2 cf having to go way back through Brickell Avenue.
Mrs. Gordon: Would we need to have a public hearing on that because it affects
the park?
Mayor Ferre: Sure, absolutely. I guarantee you all the property owners would be
thrilled with that because, I mean these property owners would. And I think these
people here wouldn't mind at all.
Mrs. Gordon: Well, we don't know. There are some expensive properties there.
Mayor Ferre: Obviously it would entail a public hearing. First of all, (1) I
don't know whether the administration is going to recommend it, (2) whether we
have the money which I don't think we do. And if we don't have the money internally
where are we going to find the money?
Mrs. Gordon: I don't know but I'll tell you one thing that I think. I think there
is going to be a lot of human cries because it is going to bring a lot more traffic
into that non -traffic street. Right now it is a non -traffic street.
Mayor Ferre: That's something that we can take up at a public hearing as you said.
I'm going to write a letter to the editors of the Miami Herald but on the record I
do want to comment something about the way they write editorials. I never said as
the editorial yesterday pointed out, that Coconut Grove was a slum with trees. The
record clearly indicates, and the newspaper reporting which is always usually accur-
ate stated that Coconut Grove would be a slum without trees. Now that is quite a
different statement from saying coconut Grove is a slum with trees. I did not say
Coconut Grove is a slum with trees.
Mrs. Gordon: When was that in the paper?
Mayor Ferre: It was in yesterday's editorial. What I said was if Coconut Grove
did not have trees it would become a slum, it would be a slum. Now that's quite
different. I like to point out, you know because usually these editorial writers
take everything flip it around and then take the negative and blast you on it. Just
for the record I want to repeat what I was saying, and I want to read from, I just
came back from Montreal. Over the week end I was up for the opening of the Olympics
which was really a wonderful experience. But I want to read to you something that
I picked up up there. It says, "but from any small height it looks entirely green",
this is Montreal. "Montrealers love trees." "Almost every tree that stands on city
property," Paul, I want you to listen to this now even though you've only got a few
days left here because I made a motion last time about the planting of trees and I
intend to pursue this. "Close to 300,000 Maples, Birches, Pines and Chinese Elms
are tagged with a serial number so that any damage can be quickly attended to. Each
summer Montreal's Botanical Gardens, second largest in the world behind Londc.'s
Kew Gardens supplies the city 15,000 saplings which are planted in boxes along the
main boulevard." Now Joe, you're new to this community. I hope that you take the
time one of these weekends to get in your car and drive up all of the boulevards
and streets of Coconut Grove. Then you go down here to the southwest section of
Miami and you do the same thing and you tell me honestly if those houses which some-
times look terrible and dilapidated and what have you. If all those streets in Miami
had the same trees that Coconut Grove had the vision to plant 30 years ago you tell
me if Miami wouldn't be a very different looking community. Now the fact that it
wasn't done 30 years ago is no excuse for us. And I think that every year, and I
said that we should spend 2 or $300,000. I'm absolutely serious and I for one
intend to press hard that in the budget for this year we earmark enough money to
spend $200,000 in planting trees in this community every year.
Mr. Plummer: Mr. Mayor, may I let you over hear a conversation which I heard at
lunch time today driving to lunch? No, it's not a joke, much to the contrary.
And it was a long tall Polack asking a Georgia Redneck, "What are you doing on the
Mayor's Tree Planting Program?" And he went back to tell him what he is doing in
the Black Olives(what are those other two exotics?) And these were hundred year
trees and I was arguing Royal Poincianas and he tells me they're only 40 year trees
but I want to tell you they went to a 15 minute discussion today at lunch about what
they were going to do on your Tree Planting Program.
Mayor Ferre: Ok. Well, they don't have to be 40 year old trees because that costs
money....
Mr. Plummer: No, I wanted the Royal Poincianas but he's arguing that they've got a
short life.
9y
JUL 221976
Mr. Andrews: They've got a short life.
Mayor Ferre: Oh, I see. You know, and I'll just make one other comment. Any of
you that have ever been to Madrid, as you fly in over Madrid it is a desert , it
is a horrible looking bleak desolate place and all of a sudden this whole area
:ust flourishes out and it is completely green. And the reason is that people have
been planting trees there for such a long time. And I think if we in Miami get
this idea of planting `-reps it would greatly enhance and change our environment
without too much of a,; expense.
Rev. Gibson: Mr. Mayor, if you go to the Grove, the little that they've done...
transformed the Grove and somebody said to me who was born in the Grove about 50
some years ago, - Charles Avenue. Said look, man, I was born on Charles Avenue,
said I don't even know the place now. He said just the few trees they've put on..
Mr. Plummer: Look on Flagler Street.
P, W, ANDREWS
103, �kAETIRED)GER
1, DECLARE AMBASSADOR OF GOOD WILL
2, LIFETIME PARKING DECAL -CITY OWNED FACILITIES
3, REFER SUITABLE MEMORIAL TO MEMORIAL COMMITTEE
Mr. Plummer: Mr. Mayor, I want to as the last item of the day offer a resolution.
A resolution appointing retired City Manager Paul W. Andrews as City of Miami
Ambassador of Good Will and as an official host for distinguished City of Miami
visitors.
Whereas,City Manager Paul W. Andrews has consistently displayed a superior
ability and a predilection for receiving and dealing with the many foreign dig-
nitaries and other V.I.P.'s visiting the City of Miami;
Whereas, the City of Miami is an international gateway to the Americas and
the world, will increasingly become a magnet for greater numbers of distinguished
personalities attracted to the many diverse cultural, business, governmental com-
munities that make up this young metropolis;
Whereas, Paul W. Andrews has graciously Expressed a deep desire and volunteered
his services to continue assisting the City of Miami in providing official recept-
ion for distinguished visitors;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. That we do hereby officially appoint Paul W. Andrews as
Ambassador of Good Will without portfolio on behalf of the City of Miami,
Section 2. That we do hereby officially commend Paul W. Andrews for his past
service and so offer him our heartiest congratulations and highest measure of
respect for his consummate degree of civic consciousness.
Mr. Plummer: Mr. Mayor, I offer this in the form of a motion.
Mayor Ferre: Paul, I'll tell you, I am not usually at a loss for words, but I
really want to tell you what a great privilege and really an honor it has been to
work with somebody as straight, as dedicated, as knowledgeable, and as efficient
as you are. Certainly, it is a great testimonial. You heard me quote from John
Stewart Mill before, but I think it really is very applicable in your case. 'Men
are men before they are engineers, or before they are doctors or lawyers, and if
they are good men, they will make good engineers',good city managers and good
lawyers. I think this city has been blessed with a good man. who has been a good
public servant.
Mr. Plummer: And a good friend.
Mayor Ferre: I don't know whether in life people ever really recognize things
sufficiently, but I don't think that is really very important. Democracy is
something that functions in other ways. But as far as personal recognition is con-
cerned, I think the important thing, as far as I am concerned; I would rather have
the recognition of a few who really understand, than have the recognition of many
who are perhaps following a trend who don't really mean it. I want you to know
that I speak, I am sure, on behalf of everybody in the City Administration and
behalf of the people of the City of Miami and this Commission. That those of us
who do understand, and recognize in you a real champion, and we want to thank you.
95
JUL 221976
The following resolution was introduced by Commissioner Plummet, who moved
its adoption:
RESOLUTION NO. 76-761
A RESOLUTION APPOINTING RETIRED CITY MANAGER P. W. ANDREWS AS
THE CITY OF MIAMI'S AMBASSADOR OF GOOD WILL.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
Mr. Plummer: Mr. Mayor, I would also like to offer at this time, Mr. Andrews has
had a real great interest as he has always shown in the Orange Bowl. I think it
is only appropriate that now that he is retiring, there is only one thing I know
we can do for him, and that is to honor him with a lifetime, on a yearly basis,
as it has to be, a decal for parking so he can always go and boo the people who
are within. I would like to offer a motion that Mr. Andrews be afforded a life-
time parking decal for the Orange Bowl facility.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 76-762
A MO'PION OF INTENT TO GRANT TO RETIRING CITY MANAGER P. W. ANDREWS
A LIFETIME PARKING DECAL FOR THE ORANGE BOWL.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: I would like to also request the Memorial and Parks Committee to come
up with an appropriate location for a prk. I have an idea, but I don't want to
discuss it in public. I think it would be very appropriate for a man who has given
so many years of devoted service to the city, that we have something appropriately
named for him. Let's not come to that conclusion today, but I would like to have
a motion that this be sent to the Memorial Committee.
Mr. Plummer: I'll be happy to offer it.
Mayor Ferre: I have a few ideas I will discuss with you.
Mrs. Gordon: What is your hobby, tennis, golf?
Mr. Andrews: Really fishing.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 76-763
A MOTION TO REFER TO THE MEMORIAL COMMITTEE FOR STUDY AND RECOMMENDAT-
ION A PROPOSAL FOR NAMING A CITY PARK IN HONOR OF RETIRING CITY MANAGER
P. W. ANDREWS.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
96
JUL 2 21976
Rev. Gibson: Mr. Mayor, let me make an observation. I think those of us who
were on the commission when Mr. Andrews came, need to keep in mind and certainly
remind others, that i.:. came in at a very difficult time. It was a time, there
was an awful lot of bridging -the -gap. A man who did not have the patience and
insight that he had might have increased the chaotic condition of this city.
Let me explain so nobody will go away and say I didn't understand what you
meant. At the time he came we were in the throes of, along with having the prob-
lems with the blacks, the Latins were present. Most of us don't want to talk
about that, but my thing is people. And it took an awful strong man to have been
City Manager at that time. Still does. And I am not s::re I always agreed with
Mr. Andrews, but I want to say this, he had enough patience to listen and tolerate,
and enough sense to sometimes just keep quiet when a lot of us don't know how to
keep quiet. I think he is a man who is rather quiet, and tinks more than he says
and maybe the city doesn't realize how blest we have been, and I want to say as
he leaves us that I hope we sit here and debate and handle the business of the
city we might keep in mind just that. As an aside, I want you to know that all
the information that I have to extract from him this afternoon, he knew it. I
know a couple of other City Managers would have given it long ago but he did not
do that, he patiently waited until it was extracted and that is a virtue that a
lot of us don't have. For instance, I don't have it.
Mr. Plummer: Mr. Mayor, let me be very brief. I think Paul Andrews' record as
City Manager will stand for its own. I would like to speak of Paul Andrews as a
friend. Not only beyond what Father has just said, as to his ability and his
knack for knowing when to talk and when not to, but I always found that whenever
I needed Paul, he was there. He was always willing to sit down and talk with you
on a level which we had never really seen before and I will miss him not only as
Manager but as a friend, and I will not miss him as a friend, because he still
is going to live here. I think that has to be said.
Mr. Andrews: Mr. Mayor and members of the Commission, I thank you very much for
your kind remarks and those things you have already bestowed on me. I am kind of
reminded that I started with the City of Miami, and I remember the first day I
walked into the E-gi ee ing Department which was in the same building Vince Grimm
still occupies, I was a temporary hourly paid employee. I did not receive any
sick benefits, paid holidays, or vacation and I worked that way for about two years,
as well as my memory serves me. I had really come to the City of Miami with the
intention of remaining for only about 6 mnnt',s, at best a year. I had completed
constructing a home for my family and I wanted them to get settled and I wasn't
really sure where I was headed. This was after the war years, and I completed
my education and as I became involved with the City, there was just a continuing
growing interest in what I was becoming involved in. It lead one thing to the
other. I left the Public Works or Engineering Department, some approximate 11
years after I had started there and moved to the City Manager's Office. I never
dreamt during those earlier years, that I would ever become City Manager of the
City of Miami. I would like to share with you one incident that took place when
Vince Grimm, Ted Eefting and maybe Charlie Jones, we all left, we were in the
same department, left the building to go to lunch and we were walking out and Ted
Eefting, --- I forget what brought this about, but he said, "One day you could
become City Manager of the City of Miami." I kind of looked at him, and said,
"You have holes in your head." That would be a real long shot to ever occur and
here circumstances and other conditions...
UNIDENTIFIED SPEAKER: And ability...
Mr. Andrews: Thank you. ...occur, and here I become City Manager. I have really
thoroughly, thoroughly enjoyed my work. I got a great deal of pleasure out of it,
and particularly my association with so many fine people in the City. I have
said this from time to time, I think that I could pick 20 or 30 people out of the
city and give us about a year or 18 months in private enterprise, and I think we
could just about tackle anything you could offer in this city. We have some very
fine people.
Commissioner Plummer in trying to solve a particular problem recently, I
won't relate to it, learned of some factors and difficulty in trying to achieve
something in city government he wasn't aware of before, and I think today as a
result of a few incidents that occured in the last week, he has a little better
appreciation of the frustration that the public official faces. You face it in
one sense in your legislative role, but the public administrator from City Manager
on down through department directors, even down to the middle management employees
have an extremely difficult role. Business is handicapped with certain require-
ments in its operation, but the people who are in government today are really runn-
ing a tremendous complex business that puts constraints on them and makes them
appear in the public sense as being very inept, and that is not the case at all.
If they were given the freedoms that so many areas of endeavor in life enjoy, they
could a far more outstanding job. When you stop to think of restrictions that you
97
JUL 221976
know about, from a legislative standpoint, and you think about those, you go out
and you are involved in your private enterprises and etc. but the public official
has to worry about sticking to the ltter of the law, you have to worry about moral
applicability of what he 4s doing and how far he can go, and the judgement factors,
this gets to be very complicated.
I guess I say this in behalf of all the city empllyees becaus as you come
to know them even better you are a very aggressive, dynamic commission. I have
watched cornmisSionB for nearly 20 years. Your involvement, the way you ask
questions, you are going to learn much more about your department directors and
others such as. the yuung :.tr here today, Eddie Cox, whom you missed who presented
a very unusual dynamic Affirmative Action Program, Mr. Mayor which maybe you will
learn more about later.
When you come to know each one of these department directors and staff and
assistants you are going to find out why that that is the real glue that has held
this city together. That was demonstrated to me once again in the document I
hope to turn over to you tomorrow in what we called upon these department directors
to achieve as far as this budget process is concerned. In order to keep the city
on a really sound basis there are a couple of areas which the commission is going
to have to make some very serious decisions about but it was completely beyond
the control of the department director. I guess I speak on behalf of them. I
feel I represent them well, having come from the ranks from what was then almost
the lowest position in the Department of Engineering to become City Manager. I
ain not egotistical but I am quite proud of that. I have really enjoyed it.
I want to say one more thing again for the record because I won't be on the
record after we adjourn anymore. I want to thank this commission. We have had
some difficult decisions to make. We haven't always agreed and I know you have
many difficult decisions yet ahead of you, but those that we have shared, at
least you have never put me in a position individually or collectively or on a
personal basis in which you called me and said, I want you to make a decision
this way. You have never done that to me and I want you to know I really apprec-
iate it.
It has been an honor and a privilege to have served you and the people of
Miami.
APPLAUSE
NOTE: The Commission recessed at 5:30 P.M. and reconvened at 7:05 P.M.
with all members of the commission present except Mayor Ferre and
Commissioner Reboso.
104, PUBLIC HEARING:
"A"
CHAPTER 50 OF THE CITY CODE
"SHIPPING, VESSELS AND DOCKS"
ENACTING A NEW CHAPTER PROVIDING RULES AND
REGULATIONS FOR USE OF CITY MARINAS
Vice -Mayor Rose Gordon: I understand the Mayor will be delayed and Mr. Reboso
also but we will have a majority of the commissioners here, three of us at least
to get started. I would like to welcome you, ladies and gentlemen to the charngers
this evening for this particular hearing and hopefully it will come to a happy
ending pleasing everybody if possible. We'll try to cooperate and I'm sure you
will too. Mr. Andrews, would you make a recommendation as to procedure, how you'd
like us to begin. I know you have certain documents and maps and different things
prepared for us.
Mr. Andrews: Mrs. Gordon and members of the commission, we have a presentation
that we can put on. It will take about 20 minutes or so at the very most to bring
us to a level of understanding. I don't know if the commission wishes first to
express itself as to what its feelings are in relation to this whole matter or if
you want us to go ahead and proceed and make this presentation, whichever is your
wish.
Mrs. Gordon: First, let me say there are a couple of vacant seats down front if
anybody back there that is standing, two or three seats down front. Mr. Plummer,
which procedure would you prefer?
Mr. Plummer: As far as I'm concerned I would like the administration to go ahead
and put on their demonstration and then we can go from there.
Mrs. Gordon: Is that alright with you, Father Gibson?
Rev. Gibson: I would buy that, the only thing is I hope all of us who are here
would enter into this discussion, with the full understanding that everything has
gone up and whether the price is right or not we're not going to argue that. I
hope you will understand that it costs us more to live today than it did 5 years
ago and whether we're charing you too much may be debatable but certainly an
9/
JUL 221976
t
,.raise is indicated because we want you to have the very best facilities and
we hope that in that sense of discussion we could proceed. We don't want to
over charge you but 7,t least we want to be reasonable.
Mrs. Gordon: We would like and appreciate very much, I'm going to be conducting
until the Mayor arrives, and I would appreciate it if we have anything to say
_i,ae we use the microphone, state our name because the records must reflect com-
ments and we would appreciate if, you know we don't signify our feelings by either
applauding or the reverse. So if you would do that I would very much appreciate
it. Ok, Father Gibson, did you want to say anything further?
Rev. Gibson: And I say one other thing. I hope between now and 9 O'Clock we
would come to the position that I can cast my vote. I am married, I have a wife
who must take a plane at 10:10. She is going to pick ne up at 9:10 so I can get
to the airport so I don't want you to think I'm running out. Please. Ok?
Mr. Plummer: Stay another year on the commission, you'll be like me. She just
threw me out of the house. Don't worry about it.
Rev. Gibson: I can't stand that, man.
Ma s. Gordon: Ok, so that we may use every moment to the best advantage, Mr.
Andrews, would you now begin.
Mr. Andrews: Yes, Mrs. Gordon and members of the commission, what we are going to
propose to you today so that we can bring this to some orderly conclusion is to
recommend that this ordinance which is before you really be adopted in two parts
First of all I want you to know that the part that is most controversial dealing
with the actual fee that is being attempted be established through the ordinance
is one portion of the ordinance occupying maybe 10% of all the effort that has
gone into the development of this ordinance. There is so much about this ordinance
that is not controversial and which the Marine Counsel, the people occupying the
marinas and the city administration have agreed upon and formulized that I'm going
to recommend to the City Commission that they consider dividing the ordinance into
two parts which we're prepared to do this evening and to adopt the ordinance less
those sections which can be identified specifically that deal with the rate struct-
ure of utilization of the docks. Omitting that we would then adopt this ordin-
ance in terms of definitions, the manner in which the docks are available to the
boating public, the manner in which we will regulate the docks, the description
of them. All of that is embodied in this ordinance and this ordinance is really
the rewrite and better organization of ordinances and other matters that have been
placed before the City Commission over the years since the last time that this
ordinance was revised. If that is agreeable to the City Commission I would then
recommend that we first act on the ordinance in terms of the general requirements
of the ordinance omitting the aspects of application of the rate structure through
the formulas that are devised and that will be treated as a separate matter and a
separate ordinance. Is that agreeable?
Mx. Plummer: Very much agreeable to me. Let me ask madame Vice -Mayor, how many
people here are in opposition to the rules other than the price hike. Is there
any problem with the rules that are set forth other than the price hike?
Mr. Andrews: Maybe we ought to dispose of those first.
Mr. Plummer: I think what we ought to do is handle that one first and then we can
get to the meat of the matter.
Mrs. Gordon: Would those persons who wish to speak to something besides the rates
please raise your hands again so I can get a count. I wonder if you would be kind
enough to give your name to the Clerk so that we may cll you for some orderly manner.
I think we'd like to begin right now to hear those points. Would that be alright
with you, Mr. Andrews?
Mr. Andrews: Yes. And I wish that the people for the record would identify that
when they come to the microphone, if they give a local address or if they give an
address in the marina I would like them to further identify that they occupy a slip
at the marina or they anchor outside of the marina area.
Mrs. Gordon: The people who are coming to the microphone, when you state your name,
did you understand what the manager is requesting? That you give your main address
and you wanted to know also where they anchor.
Mx. Andrews: Yes. See, there are some people who are maybe here who are interested
in this who are not either residents of the city or occupy berthing space in one of
99
JUL 221976
slips of the marina but occupy an area on the periphery of the marina in that
area outside of the mole area. If that is the case we would like to have identi=
fication. And if I may i,.rther suggest...
Mrs. Gordon: Mr. Robert Morris. Are you Mr. Robert Morris?
Mr. Plummer: He's asking the question, is the Watson Island pertain to this?
Mr. Andrews: Yes. WaLson Island... It would be in the second ordinance the way
we have it designed and I want to indicate that based on the ordinance it is the
city's intention if the commission accepts it, the city administration's recom-
mendation that that marina be phased out at a certain time period and that's
identified.
Mr. Plummer: When you say the second ordinance you're referring to the commercial
aspect?
Mr. Andrews: To the rate structure.
Mr. Plummer: Only?
Mr. Andrews: Yes.
Mr. Plummer: This doesn't apply to it?
Mr. Andrews: Well, the way we're going to approach it if you accept it, we will
be discussing all aspects of marinas except the rate structure and then that would
also pertain to the operation of the Watson Island marina.
Mr. Plummer: Basically, we're looking at four - Dinner Key, Coconut Grove, Miamarina
and Watson Island. Is that correct?
Mr. Andrews: ...City Attorney in determining how we were going to construct that
second ordinance but we'll get to that, Commissioner Plummer.
Mrs. Gordon: Ok. Can I ask the first speaker then whose name I have is Robert L.
Morris. Would you come to the microphone please and identify yourself.
Mr. Robert L. Morris: No, I wanted to speak in reference to a part of the ordin-
ance that does not pertain to rents. I believe it is other provisions in there
such as non city residents... Now this pertained to a part of the ordinance that
is not pertaining to rent increases as I understood Mr. Plummer to say. I think
it is very unfair and unconstitutional part of the ordinance would be about non-
residents, non -property owners.
Mr. Plummer: That is the second ordinance, that doesn't pertain to this.
Mr. Morris: That doesn't pertain to this? Well you mentioned everything other
than rent increases.
Mr. Plummer: You're correct, I did mention that but they say that is part of the
second.
Mr. Morris: Well, can I go ahead and finish what I'm going to say?
Mrs. Gordon: Please do.
Mr. Morris: What I want to say is that I have been a tax payer in the City of
Miami 36 consecutive years and I recently sold a home 3 years go, purchased a boat
to live upon it and I was just wondering after paying 36 years of city taxes where
I get any credit for that being a non-resident. I've been paying taxes for a lot
more years than most people have ever lived in this area. Is that a fair statement?
Mrs. Gordon: It is a very fair statement. The second speaker would Be Mr. Phil
Mayrant, Jr.
Mr. Plummer: Madame Vice -Mayor, we didn't hear from the first gentleman whether
he has an address other than the boat.
Mr. Morris: I have a residence address and an apartment in Dadeland which I gave
the clerk.
Mr. Plummer: But you do not have a residence in the City of Miami?
/i20
JUL 221976
Kr. Morris: I do not have a residence in the City of Miami. I have been a resi-
dent of the City of Miami for 41 years and paid taxes 36 consecutive years up until
3 years ago when I purcnaced the boat.
Mr. Plummer: I heard that the first time, sir. Do you have space here at Dinner
Key?
Mr. Morris: I do.
Mr. Plummer: And are you inside or outside of Dinner Key? In other words are you
inside the slips or are you outside the slips?
Mr. Morris: I'm tied up at the dock and a tenant at Dinner Key Marina.
Mr. Plummer: That's what I think they requested that each speaker indicate when
they start.
Mrs. Gordon: Ok. For the records then, your address, I have it here as 7765 S.W.
86 Street Apt. 403. That is for the Clerk. Ok, Mr. Mayrand, please.
Mr. Phil Mayrand: Phil Mayrand, 333 Miamarina Parkway Drive. I'm the Watson
Island representative. We're not dealing with an increase, we're dealing with a
closure that we feel is unfair. You're ousting 44 boats that have no place to go,
no guarantee that we can get into Dinner Key which is a 3 or 4 year wait. Miamarina
will accept some of the boats, some of the boats they will not accept. So there
is actually no place for us to go. The sad part about it is that there is no plans
for Watson Island, no concrete plans - many proposals - but no concrete plans for
Watson Island as it stands right now. So we're facing a January 1 closure which
we could appreciate if there would be a ground breaking on January 2 and January
10 there would be piling pullers in there and bull dozers to go to work. So what
we're really seeking is a temporary situation and a profitable operation. We are
making money for the city and we do realize, of course, that that is based on the
fact that you are supplying only the absolute minimum of maintena„ce and services
and that in order to render the facility safe as the city has said it would require
an expenditure which the city says is no use to spend money on a facility you're
going to close which does make some sense to an extent. However, as it stands
right now the annual dock cost is $17,177.60, the income paid from the individuals
having slips there is $20,592.00 yielding a net earning of $3,414.40. We're pro-
posing a simple increase of, for that matter if you want to double the dockage
great; just say on the basis of a $20 increase over the per slip cost now that
would yield an income of $32,150 versus a cost of $17,177.60 yielding a net earn-
ing of $14,972.40. Now that takes into account all the service that you're provid-
ing us not withstanding any maintenance that might have to be done. So what we're
asking for is a temporary reprieve on a year by year basis until such time that
moneys have been appropriated and concrete plans have been made for the area and
then at that time we can seek other areas and possibly by that time the city may
have other facilities open.
Mrs. Gordon: Mr. Andrews, would you...
Mr. Andrews: Very much so. I'm going to have to give you some additional informat-
ion in order to answer this question fully why it is so important to phase that
out. You must recognize that that marina activity at that location which started
out on the basis that it was temporary has never been treated as anything other
that. It came about as the result of the hurricane and while we were rebuilding
Miamarina we provided some temporary facilities over on Watson Island. Since that
time the city, particularly the city administration has actively engated in discuss-
ions with the people operating the blimpbase, Chalk's Flying Service, the two yacht
clubs, the people who occupy and use the heliport which is controlled by the City
of Miami. We've put everyone on notice including the blimp people who we're working
with we're going to relocate somewhere in the Miami area when we get through with
our development plan with Watson Island. It is absolutely critical and essential
that we control all these elements, that we phase out that marina and move it away
from there so there is absolutely no problem as to the better utilization of that
shoreline for the intended purpose of the total development of Watson Island. We
are, as an example, making arrangements with two yacht clubs as we proceed through
this process to provide an additional marina on Watson Island and have the two
yacht clubs occupy space at that new marina in conjunction with usage to the gen-
eral public. The Chalk's Flying Service will of necessity if the plan so brings
it out will be moved to another location on Watson Island more convenient to the
total development of the island. I want to impress upon the commission that this
was accomplished as a temporary facility. It is now time to close it down. It
was never intended as a marina of any permanent stature. It is a problem there.
I realize these people are benefiting from it but it is now time to bring that to
a conclusion.
/0/
JUL 2 21976
Plummer: That's not part of this ordinance?
Nr. Andrews: Not at this time. The ordinance would provide fdr a phasibq oUt its
January of 1977, the last day of December of this year.
Mx. Plummer: Sir, do you live aboard your boat?
Mr. Mayrand: Yes, sir, I do.
Mr. Plummer: Do you have any other address in the City of Miami?
Mr. Mayrand: No, sir, I do not. I've lived aboard the entire time that I've been
here..
Mr. Plummer: What do you presently pay in rent? What is your rental fee?
Mr. Mayrand: My fee at present for my slip which is a 40 foot slip is $36.44 a
month. We recognize that is extraordinarily inexpensive. We now do have direct
ex?osure to Biscayne Bay, the Intercoastal Waterway and it is quite a rough place,
it's not nearly as good as Miamarina and other facilities. We respectfully sub-
mit to what you have to say, sir, and we have felt that we have maintained a temp-
orary posture and continue to recognize that. All we're saying is until you can
say to us, X,Y,Z schedule of piling pullers coming in there, bulldozers and actual
development - why can't we stay there on a month to month basis, a year to year
basis or whatever. Because we are at least, I think the dockmaster at Miamarina
and various other individuals that are fully cognizant of what is going on there
will recognize that we are providing some service there by keeping some of the
burls and what have you that frequent that area out of the area and sort of polic-
ing the area on our own:
JUL 2 21976
Mr. Andrews: I think I can speak for this commission and they will tell
me if I am wrong or not. This Commission has never been unreasonable. I think
what should be accomplished here is that the ordinance should be adopted with
that provision intact so it actually brings that to a conclusion. If it is the
feeling of the City commission on a month -to -month basis thereafter, and each
individual occupying a space there be served with a notice as to the termination
under the ordinance, but an extension granted on a month -to -month basis based
on a resolution that this commission would pass, then that would perhaps be an
acceptable solution. But we are headed very shortly toward a development plan for
the island and since the private sector will be involved, we have to give them
every indication of what flexibility the city has. I would think that the commission
would accept something of that nature.
Mrs. Gordon: Thank you Mr. Andrews, I hope we have helped you to that
degree. We will certainly keep it in mind.
I have a John P. Connally whose address is not on Watson Island but does
occupy a slip on Watson Island. Are you speaking for him too?
Mr. Connally do you wish to speak?
Mr. Connally: My family has lived here since the 1920's and Miami is
a very water related community and I don't know where the people on the commission
are, how closely we are related to the water here, and to knock 40 boats out of
the water, out of a place to keep their boat, just because they have some plans
that aren't finalized, the money hasn't been allocated, and just to remove them, ----
Mrs. Gordon: Mr. Connally, how large is the slip you are occupying?
Mr. Connally: A 40 ft. slip.
Mrs. Gordon: And you are paying the same rate?
Mr. Connally: Yes, the City Manager said they were going to relocate
the Goodyear Blimp, and relocate Chalk's and make one marina for the two existing
yacht clubs. I think if they do that fine, but I think we should have a priority
for ourselves, that we have a place in that new marina, being I am a city taxpayer.
You said for the general public, I am the general public and we should have priority.
I have been at Watson Island going on 6 years.
Mr. Andrews: Mrs. Gordon and members of the Commission, I would like to
comment on that if I may, to set the record straight as far as the city adminis-
tration is concerned, we don't think, that from our point of view, and this is
a legislative matter, no one is entitled to a priority. All of the marina facilities
we have are available to all the public of the City of Miami. The fact that they
are there for 6 years, gives me a great deal of concern, because I don't know who
is not being served in the city of Miami that wishes to be served.
Mr. Connally: Idon't understand your point at all. All right, don't give
us a priority, but I bet you when that new marina is built, and the Mlami Outboard
Club and the other yacht club that is there, I bet they get priority. Just wait
and see. And when the people from Watson Island come and ask for a slip, we will
he lost in the shuffle.
Rev. Gibson: What the gentleman said prior to your comment, does that
help you any?
Mr. Connally: ON what basis? Yes, I would like to see that.One of our fellow
yachtsman on the docks there who has been at Pier 5 which was the predecessor of
Miamarina. He says he wasn't kicked out of there until they actually broke ground.
They don't even have money allocated for this new development. So if it is month -
to -month, fine.
Rev. Gibson: The inference is, is that meets y:.ur
legislate, we could help.
Mrs. Gordon: That is why we have a public hearing.
solution, then we
Rev. Gibson: We have a problem, you have a problem, and we want to
understand your problem, and what he told us makes sense.
/03 JUL 2 21976
Mr. Connally: All we are saying, air is you are denying the City some
revenue.
Rev. Gibson: What we are saying is, if what you said is acceptable,
I think we could cut off the debate and move to your position.
Mrs. Gordon: We understand your problem that you have put forth,
and we will do our best to try to help to solve it.
The next one I have is Mr. Fred Haulk.
Mr. Fred Haulk: I am Fred Haulk, I live on Star ire, Pier 3,Slip 25.
at Dinner Key.
Mr. Plummer: Do you have another address in the City of Miami.
Mr. Haulk: Certainly not, I have trouble affording the boat, much less
another one.
Mrs. Gordon: How large a slip do you occupy?
Mr. Haulk: Forth -five feet.
Mrs. Gordon: What are you paying?
Mr. Haulk: Sixty dollars a month.
Mrs. Gordon: How long have you been there?
Mr. Haulk: Well I have been in a $171.00 slip and $120.00 slips for
18 months, and I finally got the one I can afford and now it is going to
be $150.00. In the slip I am in right now, I have been there 3 months.
I would like to ask a few questions. I sent each of you commissioners
and the Mayor and the City Manager a copy of the same letter. After agreeing
not to considering Article 50 until needed repairs were made, I believe Mrs.
Gordon was the one that brought that up, and then not during the summer months
when many people affected are out of town, why are you going to vote on Article 50
July 22nd? I will go on to the others and you can answer which ones you might.
The Marina by anyone's objective evalutation is far below standard. Most
pilings are nearly eaten through at the bottom.One toilet for the men on 360
boats, four showers with stopped -up drains which I personally complained about
for more than two months. I don't like to stand in two inches of sewage while
I take a shower, etc. etc. Why is it we only get promises of repairs and then
only when you want to raise the rent. The same thing happened in 1969, I under-
stand from other people who were here at that time. In reading tie minutes of
that commission meeting we find at that time you promised the rent increase
was going for the marina, for fixing things up, bring it up to snuff, and it
very easily seen by examining the records since that time, that no money has
been spent here except for superficial repairs. If we have a big shortage
of spaces, why not the profits Dinner Key has been generating for the past
twenty years to expand the marina. I remember in 1972 when I had my boat anchored
off shore waiting for a slip in here, you said you all must leave immediately,
we don't want any discussion ----leave. Well, we mustered enough, whatever,that
you agreed, okay you can stay until we start actually building the new marina,
which we are here five years later, and the new marina is still not under con-
struction. Since the main problem seems to arise from spending marina profits
elsewhere, when are you going to set up a separate accounting system for
Dinner Key so we can in fact, see if we are paying our fair share, and if we
are not, --who we are supporting and who we are not supporting.
The other day there was an informal meeting between Tom Dixon, the head
of the Tenants' Association and our attorney, Tobias Simon and Mr. Jennings
and Mr. Andrews. At that time, I believe Mr. Simon brought up that we needed
a spearate accounting system for Dinner Key, so we could find out where the
money was being spent and keep the money here. At that time Mr. Jennings stated
'Oh, that is in article 50',-----I beg to differ with Mr. Jennings. I have read
Article 50 several times and it is not in Article 50. There isn't one word about
keeping the money in Dinner Key. It is going to go just like it always has into
the general fund, to support the Miamarina, the Marine Stadium, or any other
organization that is losing money. You can shake your head if you like, but the
facts will bear me out. Would you care to respond to any of these questions at
JUL 221976
ti
this time?
Mr. Plummer: We will respond to all of them if you want. No 1, why is
the hearing tonight, I think is your question? I think it is very simple.
We have been trying to get this hearing into action for four years. Through
one obstacle or another, it has never come about. Starting in January of this
year you asked for a delay, we asked for delay, here we are tonight.
What was your second question?
Mr. Connally: Profits, and improvements, ----
Mr. Plummer: Profits and improvements? If I can express for the commission,
we are not proud of Dinner Key Marina. It is not first class at all. One of
the reasons it is not first class because we don't have the money to do it.
(laughter)
Mr. Plummer: I am not here for a show. If you would like to me to answer
the questions without all the hoopla, I will be glad to do it. I have shown you
the courtesy of remaining quiet, and I ask the same courtesy.
What was your third question, sir?
Mr. Andrews: --separate accounting.
Mr. Plummer: There is a separate accounting.
Mr. Connally: I don't believe there is.
Mr. Plummer: You don't have to believe it, there is.
Mr. Connally: I would suggest you use the same courtesy in addressing me
that I use in addressing you.
Mr. Plummer: I am, sir. What is your fourth question?
Mr. Connally: I don't think you have answered ----
Mr. Plummer: There is a separate account.
Mrs. Gordon: Ladies and gentlemen, I am going to ask you please, let's
respect each other.
Mr. Connally: Where would I go to find, ----
Mr. Plummer: Internal Auditing.
Mr. Connally: You are talking about Watson Island, and that is not
Dinner Key. You remember 1972, you were talking great plans for expanding
Dinner Key. That is why we had to leave the out -anchorage.
Mr. Plummer: Correct, sir.
Mr. Connally: That hasn't come to fruition at this point. If there is
such a shortage of space and there certainly is, then why not use the money
Dinner Key generates to produce some more spaces. It certainly generates
money.
Mr. Plummer: There is a good answer to it. Question No. 5, if you can
get the Internal Improvement Board in Tallahassee to grant us the right to
make these improvements, which we have had an application before, since 1972,
we are ready to move. We can't get them to move to give us the permit which
is needed and there is some dredge and fill involved. And as you are well aware,
the environmentalists do not want that. That is the reason we have not been able
to go into that expansion program. At first our request was denied, and it is
now reinstated, back before them. That is the answer.
Mr. Connally: Then the money is set aside for this construction?
Mr. Plummer: No, sir.
/t5
JUL 221976
i
ti, Connally: Where will it come from?
Mr. Plummer: From a bond issue, which was passed in 1967, sir.
Mr. Conn:lly:I have one further question. Would you debate the fact
that by the City figures, Dinner Key has made at least $100,000. a year
average, which has gone into the general fund?
Mr. Plummer:I will not debate it. I will tell you, no it has not happened.
Mr. Conally: How much would you say it has generated?
Mr. Plummer: I am not going to sit here and debate with you sir. There is
no one here, except the internal auditors, if we were to bring them out, when
the City transfers funds back and forth, this is for the purpos: of appropriations.
Ibis is to keep the city operating, and if one fund needs it, another priority
has to be set. That is what it has done.
Mr. Connally: We have seen plenty of the 4th transfer going out of Dinner
Key, but I have never seen any back,
Mr. Andrews: This is something that keeps coming up over and over again.
I suppose we must take the time to answer this question once and for all. The
area that is so elusive that no one wants to pay any attention to, is how did
we build this marina, and who is paying for it?
The people of Miami built it. There were times when there were additions
made that funds that could have been used for other projects were diverted and
used on this marina. Who is paying for those funds? And there is a second matter.
Prior to the adoption of this ordinance, there never has been an accounting for
police services, fire services, sanitation services, the services of Parks and
Recreation that is used by all the people in this marina. We have from time to
time transferred money on the justification basis, that there was some payment
back to those sources which would have been the recipient of these funds that
were spent at this marina. If we want to go back, I was a member of the City
of Miami when this new construction went on in 1951. If you want to go back
to 1951 and examine when these docks were constructed and the money that was
spent, and all the additions and all the maintenance, and we are capable of
doing this because we have the complete financial record. Go back and add all
that up, add in all the budgets, that were utilized through all those periods,
add up all the revenues, there is a significant deficit between revenues and
that which has been spent on the marinas. The people who are occupying the :.arinas,
and we haven't really brought this forceably to the commission because it is
difficult enough to get us to this level, that these people should be making a
contribution above the day-to-day operation of this marina to at least make some
payment toward other improvements in the marina and at Dinner Key, to off -set
those costs that were initially provided, or revenues provided to build the
marina. The records are available, if you want to assign someone to a committee,
we will start with 1951 and carry you right straight forward. This is a public
body and all of our records are available for examination. You can go to certified
public accountant's records, you can go to our own records, we have nothing
in secrecy. The thing that gets complicated is when government and administration
make recommendations to the commission for transfer in any one year, based on
some logic, there isn't always time to explain those fund transfers. But if you
select a committee, we have worked well with him, or anyone else, that you want
to choose, I am sure the new manager will assign someone that can work with
that committee, and we will demonstrate very amply that,if you want to look at,
as a profit and loss statement, we are operating way in the red.
Mr.Connally: I don't see why we need an accountant. I was only going
by the sheet you printed, the 6 year evaluation of Dinner Key, and it show
that every year you made $100,000. I don't see why there is any debating
over that.
Mr. Andrews: But there is no payment anywhere for sanitation services,
police services, fire services, garbage collection, parks and recreation
activity. How about the cost of amortizing the capital investment that we
have. There is no payment for that.
Mr. Connally: You only want $83,000. for those services. Why don't
you take that out of the 100.
JUL 221976
Mr. Andrews: We are setting up $83,000. as an administrative cost and
$110,000. as is provided in this ordinance for replacement and modernization
of the marina. We have made a commitment to this commission that any additional
money that is generated would stay within these accounts. The City Manager
or Director of Finance or no one else can transfer money that accumulates
from this activity. Only this City Co7nissi.on can do it, and it can only do
it by ordinance, and only do it in public form. The Charter prohibits the
Manager, and I would be in violation of the Charter to trans or utilize any
funds, and I'll tell you what, the Finance Department would not let met do that.
Mr. Connally: If you look at that one simple sheet, you will see that
consistently money has been transferred from Dinner Key, but money has never
been transferred into Dinner Key.
Mr. Andrews: I will make this admission. Maybe that is our fault, and
t.e are going to clean that up, the way we handle our accounts. Do you realize
that there is about 100 or more thousand dollars that flow into these accounts
from activities here at Dinner Key. The Merrill Stevens account, all concession
that are carried out, all flow into this. You are not saying that that should
become part of the marina operation.
Mr. Connally: It is not listed on that sheet that way either.
Mr. Andrews: I know that, and I saying, but that's the case. This
ordinance begins to do that. It does what you had asked in terms of separating
the accounting. That is what we are attempting to do. The formula is here, and
the accounting procedure which is unusual as far as our ordinances are concerned,
they are usually carried in other documents, are provided here so, that any member
of the public can utilize this ordinance and track the revenues vs. the expenditures
and account for every one of the dollars.
Mr. Connally: I haven't seen that in Article 50. You must have a different
copy..
Mrs. Gordon: I think in all fairness to the other people who have signed up
to speak, that we are really going to have to hold the line on the time element,
and we are going to lose Father Gibson,and we won't have enough members present.
Mr. Mayor are you ready for the next speaker?
NOTE: Mayor Ferre entered the meeting at 7:40 P.M.
Mayor Ferre: Tony Chapman, of 3183 SW 24th Terr. Miami, Florida, slip
13 at Watson Island.
Mr. Tony Chapman: I keep it brief as possible. My only comir.nt is, I
would like to reiterate what Mr. Connally and Mr. said about Watson
Island.tenants, being a boat owner but living in Miami, having spent long times
trying to get into City dockage anywhere and finally arriving at Watson Island,
my gripe is not about the rent, which I find reasonable but I would like to see
that along with other Watson Island tenants that if, we are displaced on that,
at whatever date you decide to start ground breaking, if we could get on some
other location, rather than being put out in the cold, ----
Mayor Ferre: Let's see if we can bring this to a head. Maybe we don't have
to go through all these speakers.
Mrs. Gordon: There are several other Watson Island people.
Mayor Ferre: We might be able to bring this to a head real quick. I think
the premise of what I understand is being said and the main point is, that nobody
objects to the basis of our moving ahead and developing Watson Island and
improving it, and I am sure it has been explained to everybody that what we
want to do is add, not take away, boating facilities in Miami. So, that is the
case, and why don't we do it that way, that we do it on a month -to -month basis,
and go ahead and work it out. Would that meet with the approval, ----
Mr. Chapman: We are very agreeable to that at Watson Island. My only
point, which the othr Watson Islanders are concerned about, that when such
time takes place, we are put out in the cold and have to start off anew at
finding dockage.
/6 7 JUL 221976
CLOSE WATSON ISLAND DOCKS JANUARY 1, 1977
104,"B" - MOTION OF INTENT: AND ALL TENANTS REMAj ING TO BE ON A MONTH
TO MONTH BASIS WITH IDU DAY TERMINATION NOT,
Mayor Ferre: How many people are actually involved in the Watson
Island area?
Unidentified person: 40,-----
Mayor Ferre: Forty? Paul, the fact is practically speaking, we are
not going to be breaking grounds at Watson Island for a year and half.
Mr. Andrews: We have explained to them a formula, ---what I have tried
to tell the Commission is, that this should stay intact in the ordinance, --
be adopted this way, simultaneously with that if the commission showed, until
such time as it is absolutely necessary for those people to leave, that you
could adopt a resolution permitting them to remain on a month -to -month basis.
The important thing this does Mr. Mayor, is establish for future development
of Watson Island, the flexibility we want.
Mayor Ferre: On that basis, let's do it that way. Let's see if there
is a motion, if there is, then I will recognize people who want to speak against
the motion.
Mr. Plummer: They are not going to speak against it.
Mayor Ferre: I know that, that is why I am putting it that way.
Mr. Plummer: I make a motion that article 50-80 as it relates to Watson
Island, that administratively it be closed for January 1, 1977, that all tenants
presently there, be left there on a month -to -month basis, with a 60 day termination
notice.
Rev. Gibson: I second the motion.
Mayor Ferre: Is there anyone who wishes to speak against the motion?
If not call the roll.
Mr. Andrews: Mr. Mayor if I may interrupt up on a point of clarity.
You are now addressing yourself only to the procedure of occupancy, but
exclusive of any of the rate structures.
Mayor Ferre: Yes, of course. That is inherent in the motion. Anybody
want to speak against the motion?
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 76-764
A MOTION OF INTENT TO CLOSE WATSON ISLAND DOCKS ON JANUARY 1,
1977, AND THAT ALL TENANTS PRESENTLY OCCUPYING SAID FACILITIES
BE PERMITTED TO REMAIN ON A MONTH -TO -MONTH BASIS WITH A 60-DAY
TERMINATION NOTICE
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES:
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES:None. Absent; Mr. Reboso.
Mayor Ferre: Does Mr. Joe Schulte want to speak on Watson Island?
We have already passed the matter on Watson Island, --------
Mr. Chapman: I still don't believe my point was made, in addition to your, ---
Mrs. Gordon: I do understand your point.
Mr. Chapman: As of the date we are terminated from Watson Island, and are
JUL 2 21976
111J9!!'1IIIIIII i'!MID!@'4IRPII!'D111 !! PD 1111 I
L
forced to move somewhere
Mayor Ferre: We will make something available to you.
Mrs. Gordon: A priority list. That is what he is saying. I think he
has a valid point.
Rev. Gibson:
I think we have raised this question in another manner too.
Mr. Plummer: That is right.
Rev. Gibson: Let me say if you trust us for about another 10 minutes,
we are going to raise the same question that asked, that we think will give
you some relief.
Mrs. Gordon: We know what you need and know what you want.
CHAPTER 50 OF THE CITY CODE
104."C" - CONTINUED DISCUSSION AND PUBLIC HEARING
PASSAGE OF ORDINANCE ON 2ND READING.
RATES
DELETED
Mr. Joe Schulte: I am Joe Schulte, of Slip 1, Watson Island. Mr. Mayor
and members of the Board, I understand the new marina will be built on the east
side of the island.
Mr. Plummer: That has not been determined.
Mayor Ferre:That is still subject to a future public hearing. Let's put
it this way, that the proposals that have been submitted at different times
in the past, these proposals are, that it should be on the N.E. side of the
island.
Mr. Schulte: Presumably it would be there if they would start the con-
struction first, and give us a,
Mayor Ferre: A good point. The point is, ----do you have a map of Watson
Island around here? I'll draw it for you. The point is this. Watson Island basically
is a trapezoid type of thing, roughly like that, (indicating). The two docking
spaces that are now in use by both of the clubs are basically there. What you
are saying is, if we build marinas on that side, then we could transfer thcse
boats to that side and then rebuild this. Is that correct?
Mr. Schulte: Yes, Mr. Mayor.
Mayor Ferre: That is pure common sense.
Mr. Andrews: Mr. Mayor and members of the Commission, I would caution
you though not to give these people in that space encouragement that that will
happen before the development plan on the southern portion of Watson Island.
We may need to move those people before we have that marina ready. So they
should be aware of that.
Mayor Ferre: Paul, you don't know that. We don't know that, and if I
am around, and I am sure if the rest of this commission is around, we are
going to try to apply common sense, and common sense says, if you have 40 boats
here, obviously you can start building on the other, and move the 40 boats over
here, then you are ready to demolish this and start over again.
Mr. Schulte: Yes, Mr. Mayor that is what I was thinking.
Mrs. Gordon: It is a valid point and we appreciate you bringing it up.
Mr. Schulte: We do have 40 boats there with no place to go and a little
common sense will help.
Mayor FErre: We are very sensitive to the tremendous need for boating
facilities in this community, and precisely that is the point. You see, what
we want to do, is we want to isolate funds and find the funds, I hope by the
time I stop being Mayor that we are on our way to double the size of our dockage
/0 9
JUL 2 21976
capacity in this town. I am completely committed to it, and I am just making
a public statement for you that I am going to do everything within my power
and I am sure everybody on the comission feels the same way, that there is a
tremendous need for boating, --small boat, capacity in this town, and we are
going to do everything we can to see that it happens.
Mr. Schulte: With these in mind, we would go month -to -month payment after
the 1st.
Mrs. Gordon: That is what we moved in the last motion.
Mayor Ferre: Let's get on to the other issue.
Mr. Andrews: May I say once again Mr. Mayor, you were not available when
I made a recommendation to the commission that we divide this whole concern
of the ordinance to two parts. One, all of those areas pertaining to the regulation
control operation of the marina which I think everyone is generally in accord with,
and have participated in, including the Marine Council. The real controversial
area, if I understand it correctly, is the rate structure. We would treat that
as a separate matter, so at least we would have the ordinance adopted first,
then second reading with respect to the total operation, control and regulation
of the marina.
Mayor Ferre: We have gotten into section 1, right? What is left of the
ordinance?
Mr. Andrews: The part that would be excluded and treated separately to
be identified with all of the information pertaining to rates, would be sections
50-71,- —
Mayor Ferre: No, Paul, we are not talking about rates yet.We just passed
a motion that speaks to one segment, which is Watson Island. What is left on
areas other than rates?
Mr. Andrews: The whole ordinance.
Mayor Ferre: Then I go to Mr. Allen, does he want to speak on what is
left other than rates? You do? Then I will recognize you in phase II.
William J. Lawson. Mr. Lawson, you want to speak on rates or what
is left of the ordinance? Nothing to do with rates. Okay, go ahead.
I recognize you. Give us your address.
Mr. William J. Lawson: I am William J. Lawson, Pier 3, Slip 7, Dinner
Key Marina.
Rev. Gibson: I didn't hear that.
Mr. Lawson: Pier 3, Slip 7, Dinner Key Marina, 8 years, leaving
shortly.
Mayor Ferre: Okay, how many would like that slip right now?
Mr. Lawson: If you will buy my boat, I will sell it to you. I have been
a resident of Dade County for 31 years. I have had property that I paid taxes
on in the past. I am now in the sunset of my life where those days are gone.
Earlier Mr.Andrews stated to one of the people that said they had been here
eight years, and he made a statement that maybe he had been here too long.
Mr. Andrews: I didn't say that. I didn't say he had been here too long,
I was talking about exclusitivity,--as far, --
Mr. Lawson: That is what I am talking about, 'exclusitivity.
Mayor Ferre: Are you a.resident of the city of Miami?
Mr. Lawson: I am a voter right here.
Mr. Plummer: Are you a homeowner, is what he is asking?
Mr. Lawson: A homeowner at this time? Not unless you call try boat my home.
IIIIIIIII 1111i1•i III III I II IIIIIIIIII II
JUL 221976
Mts. Gordon: You are a live -aboard then?
Mayor Ferre: But you do live in the City of Miami.
Mr. Lawson: Yes, I live at Dinner Key, Pier 3, Slip 7. t thought that
was a low hit, 'being around too long.'
Mr. Andrews: I did not intend it that way.
Mr. Lawson: Earlier you said that with all this planning, with being
around. I am leaving. I made my decision in the past month, since the last
meeting. I dislike leaving, especially because of my friends is why I dislike
leaving, but I did want to ask Commissioner Plummer, on the story in. the Herald
today, did you instigate that story? It sounds as though you did.
Mayor Ferre: Is that a serious question? Do think anybody in this town
has the capacity of instigating stories in the Herald other than the Herald
itself?
Mr. Lawson: I believe the Herald in a lot of cases tells it like it is.
Mr. Plummer: Let me give you an answer. The article came about, the
Manager invited all the commission yesterday to a workshop conference to
go through these ordinances and in no way, shape or form did I call them.
It is a public meeting as all meetings in the City Hall are, and the reporters
were here, and they reported the meeting. No I had nothing to do with instigating
the story.
Mr. Lawson: Was the reporting correct as to the thinking of 320 percent.
Mr. Plummer: I can't answer that.They did their own calculations.
Let me say it another way. It was correct to my statement, of my basic
philosophy that the City of Miami should not undercut in price private
enterprise. That was correct. Now, if that equates to 320 percent, I haven't
figured it, then the article would have to be right. The one quote I did see
in this morning's paper, and I didn't have too much time to read it, was my
basic philosophy was correct.
Mr. Lawson: Is that undercutting private enterprise, strictly in marine
business, --
Mr. Plummer: Any business.
Mr. Lawson: ---golf, tennis,
Mr. Plummer: Whatever it is, sir. I don't think the City shuuld have
an unfair advantage because we basically do not have to worry about profit.
We don't have to make a profit as a man in business does. It is my basic
philosophy that that money which a normal man in private business would generate
as profit, that we could use to expand facilities. But that applies across
the board sir.
Mr. Lawson: That was something I did want to bring up with the Mayor.
Mr. Mayor, in the past meetings you have been very heavy on school taxes
that we on the boats don't pay school taxes.
Mayor Ferre: I remember specifically when I said it. There was a gentleman
-----he might be in the audience now, ---
Mr. Lawson: Yes, he is.
Mayor Ferre:---who is a retired Admiral from Canada, who has, as I
recall three children, one going to the University of Miami and to going
to the public school system. Is that right or wrong. He has one child going
to public school? AS I recall he had a 58 ft. boat, --oh,an 85 ft. boat?
(inaudible comments)
Mayor Ferre: Admiral, I will recognize you. Did you write your name
I will be to recognize you. You have perfect right. We can talk
about how much taxes you pay and how many children you send to school.
down?
///
JUL 221976
Mr. Lawson: Let me say on children while I still have the floor, that
1 had children in school in Dade County. I paid the taxes here, but my children
never went to public school. They went to private school. But I did pay taxes.
But what I wanted to ask you, Mayor, if you charge me for my dock, $1,000. per
month, how of that is going to go to the spools?
Mayor FErre: As you know, whether the city charges you $10.00, $1.00
or $1,000. you know that none of that goes to the schools.
Mr. Andrews: Just a minute Mr. Mayor, indirectly it does.
Mr. Lawson: How about directly?
Mr.Andrews: Mr.Mayor let me be heard. We are going to get into a
situation in which statements are made, there are no answers. Opinions
are formed, if we can develop the marina facilities in Dinner Key without
any additional dollars flowing from the taxpayers to provide the facilities
that are needed, then those dollars are spent in the school system rather than
on mar inas .
Mayor Ferre: We could get into philosophical aguments here and spend
all night.
Mr. Lawson: Mr. Andrews is your planning on Watson Island better than
on the Dinner Key Master Plan?
Mayor Ferre: Let's not get into this kind of stuff. We can get pretty
rough around here making personal accusations. You are pretty rough. So just
calm down and speak to the issues. Don't start implying threats. Speak to the
issues.
Mr. Lawson: That is what I was doing. He brought the issue up.
Mayor Ferre: I don't think so. Speak to the issue. Wind up your statement
and let's go.
Mr. Lawson: My statements are wound up, except that we are talking
about who built the marina, and the marina has to pay for itself. Who built
the parks, who built the golf course. The park downtown, is it paying for itself?
The City plus the federal government built that. These are some statements that
were made, with the marina being built.
Mayor Ferre: You have a valid point. Those are good, strong, philosophical
agruments. We may or may not agree with that philosophy.
Mr. Lawson:I hope you don't drive others out. I am gone, so I am just
talking for friends.
Mr. Plummer: I think one of the things that has to be said to you, sir,
one of the things I get more requests as a commissioner, people think I have
a magic wand for creating boating slips. All I can tell you, using your argument
sir, park are paid for by the people. They are open to all people and they
can use them daily.
Mr. Lawson: That is because the parks are made large enough.
Mr. Plummer: I am not arguing, I am saying the public who paid for them
can use them daily. It is not the case with yacht facilities.
Mayor Ferre: Let me tell you how I handle that problem. Whenever anybody
calls me to ask for a boat slip, and it happens about 10 times a week, I say
the guy who really can help you is J.L. Plummer.
Mr. Lawson: I read today he had a boat in Dinner Key.
Mayor Ferre: Thank you very much Mr.Lawson, the next speaker will be
MR. Richard Capp. pier 1, Slip 22, 379 Bird Avenue, Coral Gables.
Mr. Richard Capp: Mr. Mayor and commissioners, I will only take a minute,
I would like to bring out a point I think is very salient here regards to
/42--
JUL 221976
Mt, Andrews' comment about the kind of services we are entitled to. It
would seem to me that at Dinner Key we should be entitled to the same services
that any resident in the City of Miami is entitled to. Don't you agree? Fire,
police, ----are the Commissioners aware that there is not police protection for
the boats in the marina after 12 o'clock at night; from 12 to 8 there is none.
That which is provided by the department of public safety ends at 12 o'clock
at night
Mayor Ferre: Public safety is Dade County, we are city of Miami.
Mr.Capp: It is incumbent upon someone to provide police protection
when I live in the City of Miami marina, it would seem to me it would be
incumbent upon the City Commissioners to see we are provided with, ------in
other words, our boats are safe in the slip because we can call a policeman
but if somebody steals our boat and goes out, there is nobody to call. Isn't
that interesting.
Mayor•Ferre: Wait a minute, somebody steals your boat,
Mr. Capp: Somebody takes my boat and leaves. They cut the lines and
go off into the bay,
Mayor Ferre: Ycu cant' call the police?
Mr.Capp: No, sir, the Dade County Public Safety Department does not have
marine patrol form the hours of 12 to 8. So if anyone is interested in stealing
your boat, that is the perfect time to do it.
Mayor Ferre: Wait a minute, let me bring you up-to-date. This is the
City of Miami. You are talking about Metropolitan Dade County, Public Safety
Department? We have no jurisdiction over that. I can't tell them what to do,
nobody in this administration can do that.
Mr. Capp: Well, how about the City of Miami providing a marine patrol?
Mayor Ferre: We had one, and gave it up to Metro. Just like we gave the
bridge control, arterial streets, water and sewers. You can come here and complain
all you want about the library system, but we have nothing to do with the library
system.
Mr. Capp: Mayor the point is still the same. We are not receiving the same
services as the rest of the residents of the City of Miami proper.
Mayor Ferre: City of Miami people get protection from the police department
on police matters. If you call, the police will service this area just like
they will any other part of the City of Miami. If somebody steals your boat,
the City of Miami has no jurisdiction out in the water. You have to call the
appropriate agency. That is Metropolitan Dade County. If you have a beef on
that, you go down to Metro and you tell them to tell it like it is.
Mr. Capp: You don't feel it is incumbent upon the City Commission to
exert some kind of effort to, ----
Mayor Ferre: This is the first time I have heard about it. I'll tell
what you do, you write me a note so I will remember this. Tell me exactly
what the problem is, and I'll commit to you right now, I will write a letter
to Metropolitan Dade County, to the Mayor and the Commission and ask this
be scheduled on an agenda, and I'll go down there with you. How is that?
I think you are right.
The next speaker.
Mr. Robert Danforth: I have personally lost three •dinghys and I go an
tell the police. They say, gee that is too bad. We are sorry. I kept getting
worse and worse dinghystrying to get something so awful nobody would steal it.
I.haven't succeeded it yet. I have another one that weighs about 500 pounds
if I could ever get it down to the water, it might be difficult to steal
in spite of being ugly. A lot of these dinghys are stolen from right off the dinghy
docks. They put them in a car and drive off. There is no protection, there is
no follow up, there is nothing.
/13
JUL 2 2 1976
Mr. Plummer: Be reasonable now. If you lived in a home and somebody
Stole. your car, and there are people who have had two and three cars stolen,
what difference is it if a car ie stolen, or your dinghy. What can the
police do.
Mr. Danforth: The dinghy doees should be easy to watch.
Mr. Plummer: Do you secure then. adequately?
Mr. Danforth: One was locked.
Mayor Ferre: Look Mr. Danforth. Let me ask you, what is the alternative.
We get people corning here who say that there is not enough policemen on the
block, and I ask you, do you want a policeman patrolling your neighborhood
every night? Absolutely, the:t is .'hat I pay taxes for. If we put a policeman
i.t every block in the Cit.: of Miami, we would need 20,000 people.
Mr. Danforth: Iiow many peo;'le are in like, the Dinner Key area, the
anchorage. That is as many r.toi.;c_ as in a good sized condominium.
Mayor Ferre: We .are payerpayenc . policeman now 14 to 15 thousand dollars.
They deserve it. They 1.0r;.t :_4. They risk their lives. We have a police
force that is barely c-:.e.:e to se cure a community of 380,000. We have a tough
time doing that. We b:,vc ell ;.i :cls of high crime areas, where they are not
stealing dinghys, they are ::1-,o i:ing people on the head, raping women, we've
got problems. It is not o::lt this city, it is all over the country. There is
no way the City of Mie i can provide perfect security for all areas of the City
and prevent all crimes fror: ec. :rjng.
Mr. Danforth: Realm all I wanted to do was, that the other man before
me mentioned that there was little or no police protection and I was simply
confirming on that.
Mayor Ferre: I t'::fnk t: r L really is some kind of need to look at the
exact police protection lrevi.-,-I :;n these areas. Especially people are living,
and let's see if we can look s.::to that.
Mr. Andrews: We will lock into it. I have no compunction not to do that,
but you should be awarc,an,=, th:y are going to say no, I know, but we do have
regular patrols here. We have a 24 hour watchman service.
Mayor Ferre: Does the gu;' on the beat in this area drive through here?
Mr. Andrews: I have personally seen him here.
Mayor Ferre: At night?
Mr. Andrews: Yes, sir. I have left here at night, ------
Mayor Ferre: No other neihhbborhood gets more than that, do they?
Mr. Andrews: Not to my knovle re. I can find out specifically what the
orders and direction are for the nur::aer of times that police patrol,
Mayor Ferre: Would you do teat? Would you do me another favor on that
score. When you get the report in a memorandum form, when you send it to the
commission would you also post it on the bulletin board, so everybody can read
it?
Mr. Danforth: I did have a friend's dinghy stolen. The nightwatchman
watched and told the;: how uaey people it was that stole it. The points I
wanted to bring up actually were, was that you had this big program for all
these docks which was going to cost so many million dollars, was going to
cause tremendous dreding. I have see that program, I have seen the environmental
impact statement on it, an. it a giant fabrication and much more so now than
when it was printed. rut t'aere f.s certainly a cheaper, more economical way to
build docks than the way you all have outlined in this grand master plan. It would
be simple enough to just go out an.1 put up pilings and build docks.
Mayor Ferre: Let me se_ it I can cut through all this. The Master Plan
JUL 221976
is nothing more than that. It is just somebody's idea of what the general
area should be. Then we get into specifics. That is when you can come here
and talk about whether the pilings should be 12 inch or 16 inch, or whether
we should have barrels floating out there.
Mr. Danforth: The other point I wish to bring up, when you were discussing
money, there was no mention made of the transient's money, that consists of
a great deal put in,
Mayor Ferre: You are talking rates now.
Mr. Danforth; This was what was going on , when I signed up here.
Mayor Ferre: The next speaker is Mr. Hans G. ? 540 W. 37th
Street, Miami Beach.
Mr. Hans G. ? I would like to speak about general issues and
then specifically I think what the rate issue is going to do.
Mayor Ferre: You are the last speaker here, if you want, take your
three minutes and then you get into the rates, ---we will get into the
rates with the others.
Mr. Hans G ? Basically I would like to mention I have been
in Miami since 1951. I have been at Dinner Key, I have gone to high school
here and I have pretty well seen the Dinner Key issue wax and wane. I think
what is happening here and what seems to be the case, over the past number of
years, there is a shortage of slips. An article was written recently in the
Miami Herald, other papers, everybody knows this, that if a hurricane comes
up we have no place to put boats. We are supposed to move out. Who is going to
handle this responsibility. Everybody is aware of it, we don't know.
No. 2, the rates and what the rates will do to the boating industry
here in Miam, is that if the City of Miami does increase and make an exorbitant
increase, it is going to increase the rates for all other boat owners in the
so-called private sector. In other words, I feel that the City of Miami has
a responsibility of leadership here in the boating industry. It is a boating
town; it has been ever since I can remember. I grew up here, I got my first
boat when I was 15, and I have seen this issue wax and wane. But the issue
that is the basic issue, is there is a shortage of slips. There is a demand
for slips. The issue is also that there are people who have lots of money
who are willing to pay high slip costs, and there are people who don't have
much money who can't afford these increases in the rate.
Now, City Commissioners, and Mayor, etc. I think you have a position
of leadership to establish here, that if you go with an exhorbitant rate in-
crease, you are going to create another exhorbitant round of increases in the
private sector of so-called slip boating industry area of Miami. It is already
very high, as you know. There aren't enough slips.
Mayor Ferre: Mr. you are talking about rates now.
Mr. Hans G. ?A11 right, I am basically issuing also here on
the general gist of this particular proposition. My point is this, the area
around 14 or 15th Street is being filled in. There is dirt piled in and deep
water slips that used to be right by, south of McArthur Causeway. There was
a bond issue at one time to build more slips. This for some reason, exhorbitant
cost, etc, etc., was not built. So a dredge came in and pumped sand into those
deep water slip areas that could have been used to make more slips. I don't know
the issue, but the net result was that there were a lot of slips that were eliminated,
potential boating slips.
Mayor Ferre: You are not talking about the Miami port are you? That is 35
ft. deep.
Mr. Hans G. ? It doesn't matter, that could have easily been
converted. Now, we have got . The point I am trying to make
again, is NO. 1 there is a shortage of slips, NO. 2, the City of Miami and
the Commissioners, etc. over the years, as far as I see it, have a responsibility
to take the issue of demand and supply, and the increase in the rates and the
rate structure, especially in the private sector of the boating indsutry, I sub-
mit that the City of Miami has had a direct effect on what the rate structure
//S
JUL 221976
Presently is for private boat and consequently the reasoning I hear now, we
have to raise the rates so thaz it is comparable with private boating sector.
It seems to me artificial because it was a shortage of slips, ---
Mayor Ferre: Ynu are t n:<<cir.g aoout rates again.
Mr. Hans G._ _ ?It we:, a sioortage cf slips that created the demand
for the higher rates.
Mayor Ferre: Let me tell you chat you are doing. You are taking away time
of people who want to about rates.
Mr. Hans G. _`? That is all I want to say, and I want to say out
of this gist, the conver��.t i,-rL mere, that this is what I see happening, whatever
the rates are going to be, 10, 20 or 30 percent increase,
Mayor Ferre; 1 am not gc.into tell you again. I am ruling you out of order
because you are not talking the subject. I will recognize you for rates at the
appropriate time. Is there anything else you want to say.
Mr. Hans G.
__? T-,ct was all I have to say sir.
Mayor Ferre: T1:ar.:,re there any other speakers on anything
other than rates, so we car. Into the rates.
Mr. Plummer: Mr. Mayor this time I will offer for second reading, excluding
the portion relating to rate, and excluding 50-80 which was revised.
Mrs Gordon: Mr. Plustn_r, woad you wait for Father Gibson?
Mr. Andrews: Mr. Pluier you frame your motion to amend the
ordiance that is before you on reading, so you can adopt the ordinance
then refer to them :;econ4� t:_•a 50-80 which includes the previous notion
that you adopted in reference to Vatson Island.
Mr. Plummer: I don't kn'w anyone who has voiced any strong opposition
to the other, --other than the: '.; „-c'a Island which we have taken care of and
the rates which we are 8oi.i::' to ti_'s:,_ care of by separate motion. There is no
other opposition. We are holcine for Father Gibson.
Mayor Ferre: Yes, sir Admiral.
(inaudible question to Cc:._-:ission)
Mr. Plummer: Admiral to ans;:ar your question this was given to me by
the City Attorney of how to ..:rpnrz:te it.
I will offer a notion this time that Chapter 50-71 thru 80 with a
correction on 80, be acoptec ,,n second reading.
Mr. Andrews: In :::y jt.c:;;c:.,ent an attorney will advise you,you need a
motion at this point to exclude, all right, you tell them.
Mayor FErre: Let the City Attorney do it.
Mr. Plummer: Here it is, Sec. 50-71 to 50-80 inclusive are reserved
for future dockage rate chani,e.:: -id are omitted at this time.That is his
wording.
MR. Weston: Comrisc,ioner what we are proposing here is that you offer
an amendment to the,--•----th co::.r..is::ion should move on the amendment then
move to adopt a motion as arenc d.
MR. Plummer: I n;ove to amend the proposed ordinance revising Chapter 50
of Miami City Code which passed on f:i.rst reading June 9, 1965 as follows:
No. 1 by deleting from the ti,ird line of Sec. 1 thereof the words 'in its entirety'
No. 2, by adding; at the beginnin? of SEc. 1 thereof the following,'except for
sec. 50-16, 50-39, 50-: .1, 5i:-E_, 50-93 and 50-94 which remain in full force
and effect and which are hcrebv reiesienated as Sec. 50-16A, 50-39A, 50-39-.1A
50-62A, 50-93A and 50-9Z;:+ re,;;ectively. No. 3 by adding the following foot note,
'1, Sec. 50-71 to 50-S0 inclusive are reserved for future dockage rates, changes
are admitted at this tir.-c. 4,--ry deleting Sec. 50-71 thru 50-80 appearing on
//6
JUL 221976
pages 35 through 46.
No. 5. By substituting the word accumulated for acclimation in the third
line of Sec. 50-82 at page 47.
No. 6 By having the title of said ordinance reflect the exception therefrom
and the reininbering of those sections dealing with the dockage fees and the use
of utility to read as follows:'An ordinance repealing Chapter 50 of the Code
of the City of Miami Florida entitled Shipping, Vessels and Docks except for
6 Sections therein dealing with dockage fees at City marinas, and enacting a
new Chapter 50 entitled Boats, Docks and Moorings and control of City waters,
providing rules and regulation as to the City use of City marinas, providing
rules and regulations for the operation of commercir_1 vessels, providing rules
and regulations relating to the obstruction of channels, unlawful anchorage,
moorings or dockings, and the unlawful use of navigational aids, providing
berth information rules and regulations governing all vessels at city marinas,
providing information rules and regulations governing non-commercial vessels
at city marinas, and rerental by the City of Miami vacant berths, providing for
rules and regulations as to the contamination of city waters, providing an
effective date, repealing all ordinances code sections or parts thereof in
conflict insofar as they are in conflict, and containing a severability clause',
I offer that in the form of a motion.
Mayor Ferre:Seconded by Father Gibson. Call the roll.
Mr. Plummer: If anyone wants, this is the corrected and amended ordinance
as it will be accepted on second reading. It is available.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 76-765
A MOTION OF INTENT TO AMEND PROPOSED ORDINANCE REVISING
CHAPTER 50 OF THE CITY CODE TO DELETE THEREFROM PORTIONS
RELATING TO DOCKAGE RATES, RESERVING SAID PORTIONS FOR
FUTURE CONSIDERATION
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Rcv. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso.
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING CHAPTER 50 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, ENTITLED "SHIPPING VESSELS AND DOCKS,
EXCEPT FOR SIX SECTIONS THEREIN DEALING WITH DOCKAGE FEES
AT CITY MARINAS, AND ENACTING A NEW CHAPTER 50 ENTITLED "BOATS
DOCKS, MOORINGS, AND CONTROL OF CITY WATERS"; PROVIDING RULES AND
REGULATIONS AS TO THE USE OF CITY MARINAS; PROVIDING RULES AND
REGULATIONS FOR THE OPERATION OF COMMERCIAL VESSELS; PROVIDING
RULES AND REGULATIONS RELATING TO THE OBSTRUCTION OF CHANNELS,
UNLAWFUL ANCHORING, MOORING OR DOCKING, AND THE UNLAWFUL USE OF
NAVIGATIONAL AIDS; PROVIDING BERTHING INFORMATION RULES AND REGU-
LATIONS GOVERNING ALL VESSELS AT CITY MARINAS; PROVIDING BERTHING
INFORMATION RULES AND REGUTATIONS GOVERNING NONCOMMERCIAL VESSELS
AT CITY MARINAS AND RE -RENTAL BY CITY OF VACANT BERTHS; PROVIDING
FOR RULES AND REGULATIONS AS TO THE CONTAMINATION OF CITY WATERS;
PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES, CODE SECTIONS
OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; PRO-
VIDING A SEVERABILITY PROVISION
/17
'JUL 221976
Passed on its first reading by title at the meeting of June 9, 1976was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Plum er, :;c,o,,aec by Commissioner Gibson, the
Ordinance was therouion given its second and final reading by title and
passed and adopted by the following vote:
AYES:Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor FErre.
NOES: None.
ABSENT: Mr. Reboso.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8575.
RATE HEARING PORTION OF CHAPTER 50 PUI3LIC HEARING
104,"D.,_ (A) ACCEPT MANAGER'S RECOMMENDATION FOR 7 TO 9,3 FORMULA
Mayor Ferre: Mr. Allan, finally I will recognize you.
(inaudible)
Mayor Ferre: You are techincally right. You want me to start all over
again or do you want me to recognize 1,2,3,4,5, people who want to speak on
rates anyway, and then I will let you speak. Do you have any objections to that?
Mrs. Gordon: Mr. Mayor 1 sutget that we do take the names and we do have
a count, we can allocate the time.
Mayor FErre: How many people want to speak about rates? Twelve?
Unidentified person: You have a 20 minute presentation by the administration.
Mayor Ferre: Ha, ha, . Admiral I will recognize you in a moment.
We have one question here.
(inaudible)
Mr. Plummer: Let answer you real quick. They severed from this ordinance
all things pertaining to rates. They have now prepared another ordinance per-
taining only to rates with blanks. Whatever is determined by this commission
as the percentage.
Does that answer your questions?
Mayor Ferre: Pass out the one on rates so everybody can the Clerk
has copies. Now, here is what I am going to do. Listen to me, so we can stick
together on this. I have already got the names of Charles Allen, Alberto de Le Torre,
Fred Roth, Paul Shawbaker, and Robert Danforth on rates. That is five, I understand
there are seven other people who want to speak. You go to the Clerk, submit your
name, I will recognize you after the presentation that Paul Andrews is going to
make now. Are you going to make a presentation now?
Mr. Andrews: If the commission wishes.
Mayor Ferre: Can you make it very brief? We are running out of time.
Mr. Andrews: Well, I can make it very brief. Mr. Mayor.
Mayor Ferre: All right, Admiral, point of information.
(inaudible questions)
Mr. Andrews: Mr. Mayor ana rre.bers of the Commission, I hope I don't
create confusion, but I havc1 to go back to the ordinance that we have amended
now, as a point of beginning. In that ordinance, we had designed with sections 50-71
through 80, a formula for providing the rates. Based on each year's budgetary require.,
went and the cost of livinra it affects the reserves, those formulas ap lied each
year would determine the rates. So that we would not have to go through this process
JUL 221976
MIN
every year, the budgetary effect and the cost -of -living will be taken into
consideration in this formula and everyone would know exactly what the City
was doing. In other words you could pick up the budget document based on the
information contained in the budget document, based on the cost -of -living index,
anyone could sit down, if they followed this ordinance, and calculate what the
rate would be. Now, the specific dockage rate, the amount of money that would
be charged, is not included in this basic ordinance that was originally presented.
We used figures from 1975 in our presentation, budgetary figures from 1975 and
a level of funding of the reserves, and use that in examples. That is what has
been presented to the public from time -to -time to indicate what the rate would
be. Now, depending on the commission's establishment of a rate, will, unless the
commission should change its mind and not decide that this is a good formula, a
good approach to use, and should the commission decide that some flat fee formula
is better than what the administration is presenting, then that is what should
come out of this meeting.
I will be glad to answer any questions from the commission in reference to
this so you will have a clear understanding. The ordinance that you now have
before you, which is separated from the main body of the old ordinance, now that
we have divided in into two parts and we have adopted one, has within it, that
flexibility if you so choose to arrive at a flat rate. Or we can have available
the formula which we devised, which is based on budgetary consideration and
setting up an improvement reserve, and a reserve for contingencies, so it is
a choice.
Rev. Gibson: Mr. Mayor, having heard the presentation about this rate
business, I would say to the public, it is in the best interest of all of us,
we take a formative position, so we do not have to go through this every year
and so that everybody knows that everybody will be treated based on what he
or she has bought, meaning size of boat, and size of slip. I think it is only
fair, I think to go with a flat fee is not fair to all the people, is not fair
to everybody. If I have a 50 ft. boat and somebody else has 35 ft. it is different.
I think we ought to go for the formula.
Mr. Andrews:Mr. Mayor and members of the commission, if you go for a
formula proposal, then you will have to also determine that the initial level
of funding we are providing, which would amount to, based on 1975 rates, produce
about $110,000. in the reserve for improvements of the marina. We need, and I can
tell you the survey has been made that we need $1,300,000. worth of improvements
on the marina itself. Electrical work, --a lot of work to be done. At that rate
it would take about 13 years to make those improvements if we depended on income
through this formula. To answer questions that have already been raised, so that
you will be prepared and we briefed you on this once before, but I realize it could
be a complex area, the question was raised, what do you do with the transient funds?
What happens to any unanticipated earnings that are not specifically identified in
this formula. The fear of the people on the docks are that the City will take
these monies and use them elsewhere. We have been trying to tell them, the people,
through Mr. Dixon and others who represented them, that there is no way that the
City Manager or Finance Director can take these funds, once they are established
and utilize them. The only body that can do that is the City Commission, by ordinance.
All of these monies that will accrue from the operation of the marinas will stay
in these accounts. Any monies that are generated as a result of transient rates,
will flow to a fund balance or reserve account, and those monies cannot be transferred
or utilized without approval by this commission, at a public hearing by the
adoption of an ordinance similar to the ordinance you are adopting.
Rev. Gibson: Remember in that, I still am for the formula and I think.
it is a safeguard hearing what the people said earlier that they were concerned
about these funds being diverted elsewhere, and with the understanding from what
I learned, is that we are going to improve these docks. We are not going to
hesitate, that we are going to make sure that the money isn't used elsewhere, that
it will all be used into the improvement of the docks, I think we ought to go for
the formula, make sure that the monies are carried out, with the provisions you have
indicated to protect the people.
Mr. Andrews: Mr. Mayor and members of the Commission, I would like to add
this one aduitionalcomnent, to demonstrate our good faith to these people in trying
to work out something that hopefully they could understand and live with, in terms
of the ways these monies are utilized. To my knowledge, and I think I understand the
City Code and City Charter pretty well, it is our bible in city administration, there
is no other ordinance in the City of Miami that is as detailed as this is, as to
//9
JUL 221976
accountability of funds through one document and through source. In so many
other instances, you have to g, to several documents to trace the flow of funds.
That is not the case in this ordinance. Everything is provided for in here, and
its is one of the best ordinances we have in terms of the handling of public
funds.
Rev. Gibson: May I ask one other question? That gentleman, number 3
on the front row, you are marine man, both of you. Come to the mike. I
am leaving early and I want to make sure, . You heard what Mr. Andrews
said?
Unidentified person: Yes.
Rev. Gibson: Have you heard this before? Have you gone through this.
Unidentified person: Yes, as a representative of the Marine Council Inc.
with Mr. Jennings' office, as well as with representatives of the tenants group,
and the basis of the formula etc. were worked out and we are familiar with it.
Rev. Gibson: Let me put it another way. You may not want to answer it.
Do you think what he is suggesting, is fair and equitable to the people?
Unidentified person: May I have a moment? I think it is overdue time
sir, that the monies that were collected at the marinas were spent to expand
and increase and improve the facilities but also that some method had to be
made to increase the number of slips and there is only one way to do it, and
that is through this pattern. This is what I believe. We need the slips, we
are tickled pink with what you just did at Watson Island, the Marine Council
was ready to stand up and speak against it, it wasn't necessary that
this is a thing we feel, that the slips have to be put in good shape, but if
people get what they pay for they are not going to be unhappy about it.
Mayor FErre: That is one opinion of one person. I think it is academic
----if you want I will be happy to ask Mr. Andre, the question is, how many
members of the Marine Council are users of Dinner Key slips.
Mr. Andre: I don't know. We address ourselves basically the entire problem
of marine facilities in Dade county. I couldn't answer that.
Mayor Ferre: Now, Mr. Allen I think we are ready to listen to you.
Mr. Charles Allen: I am a member of Miami, and I have lived at the docks,
but I do not live there now. I was informed that this would be a discussion on
rates, so I have a few brief questions on that.
Specifically I would like to talk about the downtown marina which is
almost a 3 million dollar structure. About 50 percent of this structure con—
stitutes restaurants. Also, about 50 percent of the cost, --the canstruction
and maintenance cost, consist of these restaurants. I would like to know what
rates they are paying. How much are these restaurants, which was half of the
cost of the expense of the whole marina, --what rent are these restaurants paying?
Mayor Ferre: The question is, how much is Restaurant Associates paying
to utiliae the space at the Miamarina.
Mr. Andrews: As far as the restaurant facility itself? They invested
1 million dollars, and are paying us at the rate of about 8 percent in addition
to that investment.
Mayor Ferre: All right, next question.
Mr. Al.len: Mr. Plummer said that you did not want to compete with private
industry. Wouldn't running restaurants there be competing with private industry?
Mr. Plummer: I didn't say we wouldn't provide competition, but not to
undercut private industry.
Mayor Ferre: What he is saying is, that the taxpayers of Miami should not
subsidize, that if a steak is worth $5.50, that we shouldn't go out and subsidize
$3.00 of that.
Mr. Allen: Rather succinctly, that is what I meant. Yes. You also mentioned
a formula. Is there a provision in the formula for increasing the rates of these
restaurants?
/,2 D JUL 2 219i6
01
._ayor Ferre: Yes,it is automatically built in on a percentage basis.
Mr. Andrews: Yes, tl-cre is a minimum and an escalation clause. As the income
creases the amount of revenue to the city increases.
Mr. Allen: Thank you, that's all I have to say.
Mayor Ferre: Ok. The next speaker is Mr. Alberto De La Torre, 2100 S. Miami Ave.,
Miami.
Mr. Alberto De La Torre: The statement was made that Miami property owners should
get lower rents and a gentleman stood up and said he had lived and paid taxes here
for 36 years and then he moved into a boat and why then should he not get preferent-
ial treatment. He felt that this was unconstitutional and unfair. I feel the same
way because if this principle is followed to its logical conclusion it would demand
then that all the marina fees be proportional to the amount of city taxes that the
property owner pays. Why should I who pays let's say $3,500 worth taxes have the
same rate as somebody that pays $350?
Mayor Ferre: I think there was a man by the name of Thomas Jefferson who answered
-hat question about 200 years ago....
Mr. De La Torre: Yes, Notack versus...
Mayor Ferre: Notack versus another man by the name of Hamilton who had the opinion
that you expressed. And in this country we decided for Tom Jefferson.
Mr. De La Torre: The other question that I had was somewhat akin to the one of the
restaurants. What are the rates formula for the commercial vessels that are at
Dinner Kay? Nothing has been spoken about that.
Mr. Plummer: To answer your question, sir, that has been separated and will be
dealt with in another ordinance.
Mr. De La Torre: That is all.
Mayor Ferre: Alright, sir, Mr. Fred Roth. Your address, Mr. Roth, we don't have
that here.
Mr. Fred Roth: Mr. Mayor, Mme. Commissioner and my neighbor Mr. Plummer, he knows
where I live - Micanopy Avenue, I still own real estate there - 1606 Micanopy. I
pay real estate taxes there. Commissioners, here we are again but at least we've
cleared a lot of the dust away I think. In our previous appearances here you gave
us the authorization to go through the figures; they've been worked over and worked
over and worked over. And everybody now agrees based on your own figures that the
marina has, in fact, been generating $100,000 a year. But, the Manager says, of
course, that isn't...the application of the new formula. But it has been generating
$100,000 a year. We're in a recession, we're in a depression.
Mayor Ferre: I know.
Mr. Roth: You know. We've got companies going into Chapter 11 every day.
Mayor Ferre: I know.
Mx. Roth: You want to raise the rates 300%. Why? You want another $100,000, Mr.
Plummer. You said in a radio broadcast that the reason for the dock rate increase
on WA1A was to decrease the cost of Ad Valorem Taxes, and I think I've quoted you
correctly. Let's be honest about it. Let's not use this subterfuge of formulas
and police protection. We need more money. Reverend Gibson has pointed out in our
prior meetings here the electrical rates have gone up 30%, 40%, 50%. Fine. But
does that justify a 300% increase? No way! Who is going to afford it? I don't
want to sound like a broken record but if you put it through only the fat cats can
put boats out there. I think there is a couple of other things and I haven't seen
the new ordinance - you've split off the rate from the other ordinance but there
are a couple of points I made some notes on as we were going through here tonight.
I think the rent differential for residents and non-residents which Commissioner
Plummer has been quite interested in, did not the Attorney General for the State of
Florida recently rule that you cannot have a varying or differential rate for resi-
dents and non-residents? I don't know, I pose that to your legal counsel. I think
the ordinance is discriminatory. It discriminates against the pleasure boat owner
because it does not address itself to the commercial boat owner and we all know
that the commercial boat owners are getting a ridiculously low rate. So why rut
the burden again on the people who can least afford it? We really need, Mr. Mayor,
/ /
JUL 2 21976
1
t think you hit the nail on the head in one of the first public hearings we had on
th±s where subject. What we really need is an authority much like the Off Street
Parking Authority where they would take the funds that were generated and build
new facilities. I beg to eiffer with your City Manager, this ordinance does not
provide a sinking fund. It does not provide for the physical separation of the
profits from these marinas which if you had an Off -Street Parking Authority it
would.
Mayor Ferre: Ok, Mr. Roth, wind it up.
Mr. Roth: I'll wind up very quickly. Why? There is no justification for a 300%
increase. An increase, yes. You want another $100,000 to help you towards the
Ad Valorem Tax base, you could raise the rates 30% and do it.
Mayor Ferre: We don't want to do that. This money isn't going to Ad VAlorem taxes.
Let me tell you something before you leave, and perhaps a lot of people don't real-
ize this and let me quickly throw it out because I don't want to take up your time.
Out of a dollar that the City of Miami spends in its budget we get less than 30C
out of Ad VAlorem Taxes. Did you know that?
Mr. Roth: I've heard the figure, yes, sir. I was just quoting again Commissioner
iiummer's public statement that that was the reason for his position on the dock
rate increase. I think I quoted him correctly.
Mr. Plummer: Mr. Roth, let me get to one other point, and it seems to be completely
for some reason whether it's convenient or not over looked. Fine, we show $100,000
profit if that's what you want to call it for argumentive sake.
Mr. Roth: Say positive cash flow. Alright?
Mr. Plummer: No one has spoken to the amortization of capital improvements, sir.
Where are you speaking to that?
Mr. Roth: Mr. Plummer, if I may, your City Manager has said that this is what he
is going to do with the $100,000. Now I know he can't spend it but this ordinance
does not provide for putting those funds aside for capital improvements.
Mr. Plummer: Mr. Roth, if you would answer my question, sir. My question once
again to you sir, those facilities just didn't suddenly appear out there. Those
facilities had to be built. That cost the taxpayers of this community money.
Where is the amortization? No one knows better than you, sir, it's per capital
improvements.
Mr. Roth: Mr. Plummer, where is the provision for any other recreational facil-
ities....
Mr. Plummer: ... He won't answer my question....
Mayor Ferre: I will recognize Paul Andrews for a quick answer and then we're going
to move along.
Mr. Plummer: I've asked it three times and you evaded every time.
Mr. Roth: There isn't one and there isn't in this ordinance either.
Mayor Ferre: I'll rule you out of order now and Mr. Andrews, you're recognized to
answer the question and move along.
Mr. Andrews: Very quickly to answer Mr. Roth's question, the $100,000 is not dock-
age revenue. It comes from restaurants, other concession facilities, the Merrill -
Stevens operation, that comes in and is transferred out. If we were, and we are
setting this up under this ordinance. This way, if this ordinance had been in place
two years ago with the dockage rates that now exist so you could identify the revenue
we would be operating at a deficit based on the revenues. That's the point we can't
seem to get across to the public.
Mr. Roth: N.r. Mayor, may I just one quick comment? How in heaven's name can you
make a statement like that after you have provided us with the figures? I have
been many years in public accounting. I've spent hours on this. The revenues that
you gave us are strictly from transients leasing and your expenses against it and
they're documented here. Now you are not telling the commissioners the truth. Mr.
Mayor, you have been mislead.
Mr. Plummer: A quick question of you, sir. If you had the choice to set the rate
per day, what would it be? How much?
/.2c1 JUL 22 1976
Mr. Roth: How much more cash flow do you want from the marinas?
Mr. Plummer: I want a direct answer from you, sir.
Mr. Roth: I don't want to see any increase. Alright? But how much cash do you
want contributed to the City of Miami? ...
Mr. Plummer: ...say is fair increase today?
Mr. Roth: Today? 25-30% to cover inflation.
Mr. Plummer: I thank you for your opinion.
Mayor Ferre: Alright, Mr. Paul Shaubaker, 5700 Twin Lakes, South Miami.
Mr. Paul Shaubaker: I live at 5700 Twin Lakes, South Miami. My name is Paul
Shaubaker and although my residence is in South Miami I'm paying taxes on a piece
of property, a condominium, ''-409 at 1460 S. Bayshore Drive in the City of Miami.
The remarks I'm about to make are not going to be very popular with this audicnec.
I am a paying tenant, non-resident, non -live aboard tenant at Pier 1, Slip 63 and
have been for a number of years. I presented some of these same concerns before
the tenants association at their recent meeting a couple of weeks ago and was not
very well received there. So I ask you to at least hear some of the things I have
and a suggestion. My cost, I moved onto the marina there in 1970 with my boat.
I am paying $25 for a slip. I was paying $35 in 1969 at a private residence -
$10 less, considerably increased improved services for that $10 reduction. It has
not been raised since 1970 when I moved in in 6 years although everything else has.
I consider a reasonable rate increase to be very reasonable for the commission to
be considering. Although my charges are reasonable this present discussion has
revealed something to me that has been a little upsetting and it seems to be con-
tinued in the present ordinance #50 and therefore, I am both speaking in favor and
as well raising some opposition to ordinance #50. I learn that I'm paying my normal
fee there but I am at the same time paying for some normal living costs for the
live aboard residents and this is a bit upsetting to me. Since there is no differ-
entiation in the past and in the present ordinance for payment of utilities, for
contribution to city services through taxes, I am paying and subsidizing these costs
for those who live aboard because I am at the same time paying them separately. I
am paying a total of approximately $607 property taxes, Ad Valorem property taxes
in the City of Miami of which $273 goes to the City of Miami. I am subsidizing
their utilities. They are paying none of mine. None of these persons for whom I
am paying their electric bill, their water bill, are paying for any of my electric
bill or water bill at home. In fact, as it so happens, and this is partial criti-
cism of the present system at the marina, the electric outlets on both sides of
the slip I have don't even happen to work. They haven't been in operation for nearly
a year and a half, had no electricity coming out. The water faucet doesn't have a
control handle on it. But I have not used a single watt of electricity nor a single
drop of water in 7 years and yet I have been paying for a number of persons who have
been using them substantially and are not paying for them at all. Further, I think
we are subsidizing by their not paying taxes for city services, the rest of the pop-
ulation of the City of Miami is also subsidizing their normal portion of the taxes.
I have a suggestion that if we could ideally find some method where people who re-
side on boats pay some Ad Valorem Property Tax for that boat and have metered utility
systems so that they also pay their proportion of that instead of sharing it with
those who don't contribute to it and then everybody pay a reasonable slip rental and
contribution to the sinking fund or whatever, this may be impossible. If it is im-
possible I would suggest that at the least the city staff come up with a reasonable
slip rental fee depending upon the size and then set up some formula for residents'
surcharge so that those who are contributing to the utilities fees and not contribut-
ing to the city taxes would also be paying their fair share.
Mayor Ferre: Alright, thank you very much. Mr. Robert Danforth. Now, Mr. Danforth,
you can speak to what you also spoke to before but this time it's fair.
Mr. Robert Danforth: As a matter of fact, there is one question. One is on the
rates. If your name is on the list and your name comes up and at the moment they
stick you in an 85 foot slip, not I've got a 20 foot boat and there is room enough
for a dozen of my boats in an 85 foot slip. Now under this, does that mean that
the person will go to the...
Mayor Ferre: Mx. Andrews, do you want to answer that one?
Mr. Andrews: Yes. You'd have to first find out what was the, you know before I
answer the question, and I think that we're going to be reasonable. If there is an
85 foot slip and you put a small boat and another boat along side of it by the same
/23
JUL 2219io
IIIIA!P IIQ11111 IIITgl'I UII PIllllli till
owner that's something we can work out. But if we start talking about a large
number of small boats in a large slip...
Mr. Danforth: I'm not speaing of that, sir.
Mr. Andrews: Well, you used the illustration that way just now and what I'm con-
cerned about, are we getting some kind of commercial activity over there that is
not intended.
Mr. Danforth: What I'm speaking to is I really don't want to spend $200 a month
for my 20 foot boat. Tnat's what I'm sp. king to. I feel that it is by the foot...
Mayor Ferre: Mr. Danforth, if you'll forgive me for interrupting you, but Father
Gibson does have to leave and I think he might want to make a statement. So excuse
me. Would you cut off the time, Mr. Southern, and we'll recognize Mr. Danforth
again in a moment.
Rev. Gibson: Mr. Mayor, may I say to all my fellow citizens; based on what Mr.
Andrews showed us and based on what I'm able to understand I believe when it is
all over if you follow the recormendations as proposed by Mr. Andrews, it may not
meet with the approval of all but I'm sure you will get two things. You will be
able to improve the facility so that you could be happy and then you will be able
to protect whatever money flows into that particular account. I'm thoroughly con-
vinced that what he has indicated is true and with that in mind I want you to know
as I leave I am for the increase. I want to make sure everybody understands that
because I want you to have the best and I want you to also not leave here think-
ing that we will be using money that is raised down here in the general account
cf the City of Miami. I think that is only fair to you. And please, don't think
that I'm running out on you but I must leave and I feel that you just cannot run
a business in 1976 at the same rate of pay as you did in 1965, 1970.
(Reverend Gibson left the meeting at 9:05 P.M.).
Mayor Ferre: Alright.
Mr. Danforth: Mr. Mayor, I did not get an answer to that question.
Mr. Andrews: Mr. Jennings will answer that question as to how that will operate
in that case.
Mr. Robert Jennings: Let me answer his first question first. He mentioned that
when he comes into the marina now, Dinner Key Marina with a small vessel, let's
say a 15 foot vessel and wants a 50 foot slip that we require him to take an 85
foot slip and then gradually move down to a 50 foot slip. This is true.
Mr. Danforth: The number is 20.
Mr. Jennings: Alright, you did say 20. Yes. This is a situation that has evolved
over many years simply due to the law of supply and demand. We naturally have, the
larger slips or smaller slips are less available. There are many more smaller boats
than there are large as you well know. So someone coming into the marina let's say
with a 40 foot boat or a 20 foot boat and says, "We'd like a slip." We'd say, "I'm
sorry but we don't have a slip your size." So in general over the years people have
said to us, "Well, do you have a 30?" And so we would say, "Well, yes, as a matter
of fact we do have a 30." So he says, "Well, I'll take that and pay for it but
would you please guarantee me that when a 20 comes open you'll move me down." So
we would say, "Of course." So it is something that progressed and it is strictly
because of, as I say, of the laws of supply and demand. The other thing is the
question with the rate increase. I think we would have to look at that procedure.
I assume from what you people have said tonight obviously I think we will perhaps
have less demand and that might alleviate the situation somewhat.
Mr. Danforth: On that, I believe you can get several boats in there and rent to
two or three people. Now....
Mayor Ferre: M.r. Danforth, out of fairness to an awful lot of other people you
spoke 10 minutes last time. I'm going to recognize yo for another few minutes and
then I'm going to cut you off.
Mr. Danforth: Ok, I just want to make one suggestion. If we're going to keep the
money according to how the boaters are going to want it spent, and if we're going
to keep it in a single thing why not make a Marina Authority for Dinner Key in which
the individuals are elected and maintained in office by the Dinner Key residents
themselves. Thus they would be responsible to the Dinner Key.
Mayor Ferre: Because it would be self-serving. That's just my personal opinion.
would be totally against that.
/2 y
JUL 221976
r II' 11 pi 111
a►
:�. Plummer: Plus the Charter says we cannot delineate our authority to any other
given persons.
Mayor Ferre: It is against the law. You cannot give the responsibility of others.
Elected officials in this Charter cannot pass the buck and say to somebody else,
"v decide for us." Every two years there is an election. I run for office.
Alright, Mr. Hal Freetag, Slip 23.
Mr. Hal Freetag: Mr. Mayor and commissioners, I'll try not to go through a lot
of things that have hen said before. I realize that we have a great deal of lack
of services in the marina. We all agree to that but I also agree,and most of us do,
that even lack of services have increased in cost. I don't think anybody denies
that we do need an increase - we do. I'm paying $25 a month, I'm on a bulkhead.
I've had a boat here constantly for 19 years. Now somebody will probably make the
remark that I should have left a long time ago. I don't feel so. I would not
argue for an increase. My only argument is the amount of increase. Now I realize
that we may be far behind but we also don't want to get involved in the same sit-
uation we have today, I believe you'll agree, with a lot of the unions where one
union goes on strike and gets and increase and then another one gets an increase
and there is no end. I believe that the City of Miami must somewhere hold the line
any, we are never going to be in competition with private industry because if we
raised the marina rates private industry will in turn raise their's above ours. So
it is a never ending ladder that we're climbing in that regard. I only feel that
we ought to, if we're going to raise the rates not try to make this all in one jump
and I believe this was pointed out by the commissioners that tried to raise their
salaries up to $25,000 a year I believe it was and the public...
Mayor Ferre: No, that was Metro. Don't confuse us.
Mr. Freetag: All right, I'm not. But I'm only pointing out that the population
would not stand for it. Now if they had come out with possibly doubling their sal-
ary it would have been agreed and then later on another raise. So my intention is
let's take the raise but let's not come up with a 300% raise.
Mayor Ferre: Mr. Andrews, when was the last time that we raised the dock rates?
Mr. Andrews: We've had one increase in 17 years. That was 1969.
Mayor Ferre: What was that increase?
Mr. Andrews: 10%. In 1959 the rates were established, they were increased by 10%
in 1969 and now we're in 1976 trying to adjust them again.
Mrs. Gordon: I'd like to ask this gentleman since he's been there 19 years. What
did you pay when you first got in there?
Mr. Freetag: My memory fails me but I believe it was somewhere around $12. It was
very low. I believe that my $25 now is ridiculously low but to take it all in one
sweep...
Mayor Ferre: Thank God for an honest man making an honest statement I congratulate
you.
Mr. Freetag: It's just the all in one sweep that I believe has everybody upset.
Mayor Ferre: You've got a valid point. But you know, let me put it to you this
way. Seventeen years - 10? Are you sure of that, factual?
Mr. Andrews: Yes. You'll recall, and I think you were on the commission at that
time, Mr. Mayor, there was a blanket 10% increase in 1969 to generate revenues.
Everything went up 10%.
Mayor Ferre: You know I hate to tell you this, Paul because this is your last meet-
ing, but you know this commission and I'm talking about myself because I've been
around since 1967 off and on (I was off for a year and a half or two years) but we've
been derelict.
Mr. Andrews: No, sir, 1971 we started and then again in 1972 and 1974.
Mayor Ferre: Alright. We should have had a 6% increase every year at least to keep
up. If over the last 17 years we would have increased 5% how .nuch would that be?
85%.
Mx. Freetag: That's the truth, and then you wouldn't have had the problem today.
/-2-5
JUL 221976
;.ndrews: And in 15 years, Mr. Mayor, I can tell you, or 17 years, I have been
F'GLLY to meetings of this kind through the process and we can document the record,
there's at least 10, 12, 15 serious attempt like this to do something about...
Mayor Ferre: Always knocked down, huh?
Mx. Andrews: Yes, sir.
Mayor Ferre: Ok, I get the picture.
Mr. Freetag: Just one other point and I'll leave. The gentleman said that the
money that comes in will definitely go in the marina fund so that it will be used
at the marinas and cannot be used elsewhere.
Mayor Ferre: That's public record now.
Mr. Freetag: Right. But the only thing that was not brought up was the fact that
we have no control to the extent of spending the money or at least a certain part
of it on Dinner Key.
Ma; -or Ferre: We do. That's what we get elected for.
Mr. Plummer: You know I would love to have the opportunity of telling General
Motors how to run their company and what they're going to charge me for an auto-
mobile. But you know what? They won't give me that opportunity. You can try.
Mayor Ferre: You've got a better chance in telling us what to do than Plummer has
in telling General Motors what to do because you vote every two years.
Mayor Ferre: Yes, sir.
INAUDIBLE
Mayor Ferre: 10% is what he said.
INAUDIBLE
Mr. Andrews: Mr. Mayor, I've got to respond to that because we've examined the
electrical costs, the utility costs, salaries of employees - It's more than 5% I
can ssure you of that. The cost of living index....
Mr. Plummer: In 69 10€ was not even adequate then.
Mr. Andrews: The cost of living index in the last 4 years has gone up 38%.
Mayor Ferre: Alright, let's move along. ...The next speaker is Bert Provenski,
Slip 28.
Mr. Bert Provenski: You know, I listened to this 17 years with no increase but
what Mr. Andrews doesn't say, that he looked out there for about 12 of the 17 years
and discovered that the marina was only half full - that you couldn't sell your
slips. I've been in that marina for 15 years. I paid for that first slip in that
marina for the whole 15 years. I used to go out of the slip and I'd say in that
15 years I've only kept my boat, or I've been away on trips for I'd say 50% of the
time. But I paid continually and the dock people rented the slip and received
double payment on it when they were crowded in the season. But in that off-season
if you will remember there were many open slips. It would have been ridiculous to
raise the rates, you were struggling then. You were offering incentives. I think
there was a lower summer rate once. Wasn't there? To try to get people to come
into the marina. So you can't consider that as time to raise rates. Certainly
you didn't raise rates. You didn't raise rates because you were trying to sell the
place. I hear Mr. Paul Andre from the Marine Council speak about what the Marine
Council had to say and I'm s<,rry that Father Gibson who I've known a good many years
isn't here to hear this. When I heard Paul Andre and John Greenleaf who was Presi-
dent of the Marine Coundil sponsored this thing, well they didn't sponsor it but
they were in accord with it, they helped these rates. I went to the trouble of
writing and speaking to a larye number of the Marine Council on this here. And it
seems like no one was aware of the general council of the Marine Coundil or their
members. It seers like this came out of the heads of two or three people. And
you'll find these two or three people are very interested in selling boats and
other coi.nections with it. But this may not be their reason, they maybe have hon-
est reasons but I don't think they have the reason that would cause these rates to
increase in the amount you have. Now I just want you to take a, I'm going to give
you some round figues here. And you'll notice taht this $83,000 that we're charged
/.2. 6 JUL 221976
for Police, Fire, Sanitation, Public Works, Parks & Recreation and your salaries,
general administration and so forth. And the Budget Committee or whoever figured
this thing up, this figures now a little over $200 a slip, almost $20 a month on
these rates. I'm just showing you the falacy of this part of this thing, and there
are many falacies in it. Now over here Monty Trainer has 70 slips. Now Monty
Trainer has 70 slips. He not only utilizes the street for the parking for those
people in those slips, the city street you for his restaurant and the parking.
He also uses sanitation facilities and a lot of other purposes and I want you to
know that his complete tax, now the people live on the boats over there, and his
complete taxes for those 70 slips, the retaurant, the grounds to this city is
less than $5,000 where at the rate you want to assess us in this formula would be,
should be $14,000 fur the slips alone. You see, so this is the falacy in this
report here. He is charging the same thing assessing for this police, sanitation
and fire for a man that has a boat here that is worth $5,000 as for a man that is
charging $20,000. So, therefore, I feel that there is many other things that, and
incidentally, Monty Trainer also has the advantage of getting, I don't know how he
gets these things of many building and zoning violations that seem to exist I know
exist there and I don't know whether Mr. Ferencik has his lunch there or not but
anyway....
Mayor Ferre: Hey! I rule you completely out of order. I'm not going to accept
any slurs on anybody's integrity or anything else like that. And if you've got an
accusation to make you go to court and you accuse them and you prosecute them and
you go to the State Attorney and you make your accusation. I will not accept that
kind of stuff here.
Mr. Freetag: My apologies.
Mr. Andrews: In fact, it was Mr. Ferencik who went out through my assistance and
arrested Mr. Montry Trainer and brought him here to this commission in violation.
Mayor Ferre: I don't know whether Mr. Ferencik is here tonight but I'll tell you
there is one guy that has been hounding Monty Trainer - his name is Bob Ferencik.
It's just the opposite. I guarantee you that.
Mr. Freetag: I offer my apologies.
Mx. Plummer: I hope that also you're including that Monty Trainer charges 15 a
foot. That's what his charge is, 15 a foot.
Mayor Ferre: Ok. You got a valid point until you got personal. Up until them you
were alright. Ok.
INAUDIBLE
Mayor Ferre: Alright, the next speaker is Saul Ross.
Mr. Saul Ross: I'm Saul Ross. I'm a tenant at Dinner Key Marina, I have been for
10 years. I'm a taxpayer in the City of Miami. I have been for 30 years contin-
uously.
Mayor Ferre: Do you live here in the City of Miami?
Mr. Ross: I live on my boat at Dinner Key. I pay taxes on property in the City of
Miami. I have children who have never attended public schools and they have gone
to, and I have paid public school taxes for 30 years. I seem to be in a role to-
night of correcting the record of Mr. Andrews and Mr. Provenski and lots of people.
Facts are that up until 1969 as Bert said the marinas were half empty and during
the summer I paid $29 a month, during the winter I paid $79. That is $108 a month,
divided by two or $55 average. My rent now is $66 a month which I pay 11 on 55
which is a 20% increase and it was a 20% increase in 69 and not 10%. I would like
to take exception to some statements that you've made, Mr. Mayor, on the record
several times and I think they're not in order and I think the records reflect that
you said that you're tired of the taxpayers of the City of Miami paying for the
boaters at Dinner Key. I think that you've drawn that conclusion from a report
that's repleat with errors of commission, errors of omission and every time we bring
it up we get faces of ridicule from Mr. Andrews and from Commissioner Plummer. I
think it is unfair and unjust. I think we should see the records so that we can
show you where the errors are. The errors lie in the following areas: You credit
us with all the costs of indirect operation of the city and of these marinas and
the annex. Nowhere do we get crecit for the income from the annex. You credit
us with no transient income when as Bert said when we leave the marina you collect
double rent. You collect our rent which you never refund, you collect the transient
rent which you never even record for our benefit. If you're going to collect those
''®iIIMR'11111111IIIPI'11! 11'I II 1 p
/27
JUL 221976
0
moneys at least give us credit for the income. If you take the last 7 years by
your own records and you can take a copy sheet of it and it will show that at the
old rates you made a ..1:-.mum of $40,000 odd dollars a year from transient boats
alone. If you took the proposed rate under the new ordinance of 25 a foot you
will have an income of $109,000 a year which will be unrecorded. That represents
to me the $110,000 that Mr. And.cews is looking to put into a replacement and repair
fund. And it seems to me that two would pretty much cancel each other out so that
we would not only have the income credited to us, we would have the funds he's
looking for to replace and maintain the marina and bring it up to first class
standards. I also think that everybody is over looking, they talked about the
properties that are being capitalized, the city properties that are being used by
the boaters of Dinner Key and that somebody should be paying for the capitalizat-
ion. I see no where where Coral Reef Yacht Club paying a dollar a year is paying
for any of the capitalization of that prime property.
Mayor Ferre: You don't mean Coral Reef.
Mr. Freetag: I mean Coral Reef.
Mayor Ferre: Does Coral Reef rent space from us.
Mr. Freetag: No, they rent waterfront property.
Mr. Andrews: They have a portion of the baybottom land of which the City of
Miami owns... and a dollar a year. They have the priviledge of using that bay -
bottom land to build facilities, operate them, maintain them. We do nothing in
that area except that the commission recognized that they provide a useful purpose
in the marine industry in providing that space.
Mr. Freetag: For which they charge rents and reap the profits, the profit for
their own private purposes. Coconut Grove Sailing Club has the same set up only
they pay two dollars. Biscayne Yacht Club pays a dollar a year. Seminole Bait
and Tackle Shop pays a percentage rate and nobody checks that percentage calculat-
ion. They pay a ridiculous sum of like $10,000 a year which means on a 10 or 11%
they're doing a hundred thousand dollars a year. I don't believe it. The Miami
Outboard Club, you've, of course, taken care of by getting rid of Watson Island.
But I suggest that it seems like what is in order is a more accurate evaluation
of what the costs really are, what the direct and indirect costs are, the amount
of money that the city would like to realize and a reasonable increase will be in
order. It seems to me that somewhere in the vicinity of 30 or 35% would be a
maximum increase that would still give the city an excess of the moneys they re-
quire for the $100,000.
UNIDENTIFIED SPEAKER: Mr. Mayor, as a point of priviledge I'd like to set the
record straight on a few points. We seem to be having... (1) I'd like to reaffirm
I've never passed out cards here. You notice that. Thank you, Bert, I needed the
boost. Now let's get the record straight on the Coral Reef Yacht Club. Back in
the old days before the Bulkhead Line was pulled back the Coral Reef Yacht Club
and the Biscayne Bay Yacht Club, the Connelly residence which is now a part of
Kennedy Park....
Mayor Ferre: Wait a minute. Miss, let me explain that. You see, parliamentary
procedure requires, as I understand it, and you can correct me, Mr. Watson, if I'm
wrong, is that when somebody's name is alluded to on a personal basis he has the
right to respond. And since this item was alluded to I assume that he has that
right under procedure. Is that correct?
Mr. Weston: Yes, sir.
Mayor Ferre: In other words if I mention you by name or I talk about your club or
your restaurant... That's correct. You're absolutely right.
UNIDENTIFIED SPEAKER: That's what I'm doing.
Mayor Ferre: You confine your remarks to the point of personal priviledge that you
requested. His name is Paul Andre and he represents the Marine Council.
Mr. Paul Andre: I also am a resident of the City of Miami, I pay taxes and I've
lived in the City of Miami many years. I can go through the whole procedure if
you want it that way. Now let me get a point straight for your information, please.
Mayor Ferre: Do it quickly and speak to the point only.
Mr. Andre: I'm referring to the comments about Coral Reef Yacht Club paying a
JUL 2 21976
411,
dollar a year and the city getting nothing for it...
Mayor Ferre: That iFn't a point of personal priviledge, you see.
Mr. Andre: Well how do you allow us to rebutt a fact....
Mayor. Ferre: I will recognize you after all this is finished. I will give you
that opportunity but that is not a point of personal priviledge. The next speaker
is Mr. Tom Fernando. Is that right?
Mr. Tom Fernando: Oh, there has been rrany a smaller man than myself, but I have
a small boat on the bulkhead. I've been there about 10 years. On the bulkhead we
have no priviledges of sanitation or anything else. We can't use air conditioning,
we cannot use the bath in the building, you cannot use anything at all. We just
pay for two pilinys to tie up the boat. And so far as I know we're faced with a
300% increase on the bulkhead which I think is one of the most preposterous in-
creases I've ever heard. My income is derived from my pension and by golly that
doesn't change. That's about all I have to say.
Mayor Ferre: Do you live on your boat?
Mr. Fernando: No, we cannot live on a boat on the bulkhead.
Mr. Plummer: (INAUDIBLE)
Mr. Fernando: But not for air conditioning. ... That's all.
Mrs. Gordon: What size slip do you have, sir? 30 foot. And how much are you
paying on that slip?
Mr. Fernando: Twenty-five dollars a month right now.
Mrs. Gordon: You have a 30 foot slip?
Mr. Fernando: A 25 foot slip.
INAUDIBLE
Mrs. Gordon: Will you repeat then, what are you occupying.
Mr. Jennings: The bulkhead are all 30 foot slips and they're $24.75 per month.
Mr. Fernando: Yes, they're about 28 foot long.
Mrs. Gordon: You're paying $25.
Mr. Fernando: Yes, I'm paying $25.
Mayor Ferre: Alright, Mr. Allen Lubka, Pier 3. Your address, please.
Mr. Allen Lubka: Pier 3, Slip 9. We're here discussing a resolution which con-
cerns a specific raise to the slips and boat owners. However, I'm on Pier 3, Slip
9, just moved over ther but I don't know to this date exactly what my increase is.
I think it is a little unfair to be discussing an increase when you really don't
know whether it's 100, 200, 300%. The Miami Herald knows but it doesn't seem like
anyone here has the specific information.
Mayor Ferre: You know I'm beginning to feel sorry for the Miami Herald.
Mrs. Gordon: Let me clarify a point. Early in the evening Mr.Andrews volunteered
and said he has a 20 minute presentation which would explain the rate structure.
We have not had that yet.
Mayor Ferre: Well, I asked him to do that as quickly as possible and he didn't get
into the specifics of it.
Mrs. Gordon: And I feel that people really should have that presentation so they
know then what they're talking to. Mr. Andrews, you are prepared, aren't you?
Mr. Andrews: Oh yes, ma'am.
Mrs. Gordon: Well why not have that presentation....
Mr. Lubka: Well, I think that instead of taking up all this time and all these
people that if they had in advance printed up the rate sheet and handed them out
/2Y
JUL 221976
wouldn't have to be sitting here 20 minutes listening to it,
Mrs. Gordon: It's on laL7E charts and it's easy to see.
Mayor Ferre: I think you're right. Alright, Admiral.
INAUDIBLE
Mr. Andrews: Absolutely right. And that was done, Mr. Mayor. We supplied ample
information on all the details including charts and everything to Mr. Dixon who is
their representative. He has had this information.
Mayor Ferre: Mr. Dixon, is that correct?
INAUDIBLE
Mayor Ferre: I'll tell you what, I'm going to recognize you again. But I think
what we really ought to do now since Mr. Dixon was recognized, and I apologize.
Paul, why don't you make youre presentation. Mr. Dixon, why don't you respond
and then we'll get on with the rest of the hearing.
Mr. Andrews: A11 right. I'd like Mr. Lindeman, John Lindeman to present some
charts that we have which will describe the rates. And please, this rate struct-
ure how that we're presenting to the City Commission, Mr. Mayor, is based on the
1975-76 budgetary costs and the cost of living as it exist at that time. And
would then produce a range of slip per foot rate. In 1976-77 if we follow the
formula that would increase. And what the commission will have to take into con-
sideration when you look at these rates and this formula is are we producing
sufficient money that will enter the reserve account to develop and improve the
marina in that we've identified that irnl,rovements would require an expenditure of
about 1.3 million dollars. The 1975 information that we're presenting in this
rate structure would produce about $110,000 in the Improvement Reserve Account
and at thatrate would take about 12 years to make all the improvements that are
required at this point in time. Is that understood?
Mrs. Gordon: Yes, And the one thing that's got to be said, we're not going to wait
12 years to get the improvements.
Mr. Andrews: Then you would have to have a higher rate than we produce. But if
we apply this, if we utilize the formula that is provided in the ordinance then
the commission can establish the level that they choose to have these improvements
take place because the expenditures for the direct cost of operating the marina
will be that which is provided in the budget and there will be no problem there.
So all the extra money available will flow to the reserve account. And that is
identified in this ordinance. If this ordinance is adopted that way you can't
spend the money in any other way.
Mrs. Gordon: We've got to wait the 12 years?
Mr. Andrews: No. What I'm saying is that once you identify the rate the moneys
that are generated from this will flow from the accounts that are here and that's
where the money will be spent. May I suggest that we set the easle here so you
can see it and everybody in the audience can see it as well. Mr. John Lindeman
is the head of our Operations Analysis in the City of Miami that makes analyses
of our operations and attempts to provide formulas such as the formula we've de-
vised here so that operations of this type can be on -going and hopefully if proper
rates are adopted would attempt to pay for themselves and not be a burden upon
the people of Miami.
NOTE: Father Gibson entered the meeting at 9:50 O'Clock P.M.
Mr. John Lindeman: To your left we have the present and proposed rates for live -
aboard and non -live -aboard under the proposed formula methodology. The none means
that there is no slip that size in the live -aboard or non -live -aboard area.
(Inaudible question) Well, we have a detailed list of those slips or berths that
are considered to be live -aboard, non -live -aboard. ... I'm sorry, sir? No. Live -
aboard would be those boat owners, those tenants who are actually living on board.
... Well actually, Mayor, we have designated certain... Right. We have desig-
nated certain slips where live -aboard will be permitted. ... Yes, sir, that's
correct. On the middle chart you will see the cost figures and reserve figures
that were developed. The top line on the left side, your left, is the direct costs.
Now these direct costs include the administrative costs of the marinas, the direct
costs, the direct operating costs rather for... Or I should say the direct admin-
istrative cost for the marinas which has been pro -rated between Miamarina and Dinner
/JO
JUL 221976
-
Key Marina. This is the Dinner Key share that you see here along with a share of
the administrative cost, the Director of Public Facilities Office and the direct
operating cost of th- Dinner Key Marina and the annex. The indirect costs were
calculated essentially by taking those areas of the budget that were determined
to benefit to some degree the marina tenants and residents. Essentially what we
did is we took, for example say the Police Department Budget of approximately 19
or 20 million dollars and we divided that by the population, 350,000 and came up
with a figure. We essentially followed the same process through each department
and budgetary area. Then with that figure we multiplied it times the total number
of slips and arrive at $83,639. The reconstruction reserve for the Public Works
Department did an analysis and determined that to replace the Dinner Key Marina
and the annex would run in the neighborhood of $2,125,000. So we chose a period
of 20 years and simply divided the $2,125,000 by 20 years and it comes out to
approximately $110,000 a year. And the $10,000 reserve is a figure that was arrived
at in the event of catastrophe such as a hurricane and so forth to help defray
some of those expenses that might incurred and the necessary preparations for such
a hurricane. Then we determined that of all the slips at Dinner Key approximately
8% or exactly 8% of the slips are commercial. There are 34 commercial slips in
a total of 425 slips in Dinner Key. So we applied the 8% factor and removed it
from the cost to arrive at an assignable net cost to the pleasure tenants of approx-
imately $500,000. On the right hand side of that chart you see�•hat we consider
to be an assignable tenant revenue. Now this revenue is arrived at by taking each
slip and multiplying its rental rate times the number of feet and so forth or we
actually prorate it. We just determine what we would actually receive in the way
of dollars assuming 100% occupancy of the marina, what it would be for any one year.
And since there has been no change in rates and no change in the size of the marina
over the past six years until last year the rate would have been $227,000 per year.
Mr. Andrews: Mr. Mayor and members of the commission, with your indulgence I'll
ask Mr. Lindeman to skip quite a few of those details. We have answers to all of
them... get down to the essence of the costs and explain them and go through the
rate structure and also the other chart that we developed that shows comparison...
Mr. Lindeman: So as you can see, we've taken what we feel is fair assignable ten-
ant revenue and subtracted it from the cost and essentially it says that we need
an additional quarter of a million dollars.
INAUDIBLE
Mr. Lindeman: This is just the rent that you all pay every month. Just Dinner
Key dockage revenue, that's right. Not transient. ... That isn't what I said
it was. I said... That is correct. ...
(...) represents unintelligible audience participation
Mr. Andrews: (INAUDIBLE) ... We did this purposely so that we could develop
some of the reserve that we need. And I've tried to demonstrate that what this
ordinance does is to retain all the monies within the control of this ordinance.
Now in actuality if we control all the money that's in this ordinance whether we
set it up as one account or another account really in the long run a: far as the
public is concerned is immaterial. But we've tried to go one step further than
that, we've tried to set up reserves for contingencies and reserves for replace-
ment. Any money that we generate, and what they're pointing out is the transient
tenants. Any moneys that develop as a result of that, and if those accounts get
completed in say 10 months any additional moneys that are generated flow, and
this is true of every single area of our city government, flow to a fund balance.
They remain with that operation. I want to say this again. The Charter forbids
us to transfer any of those moneys. They remain in that account. The only people
that can do that is the City Commission at a public hearing. What we're attempt-
ing to do is very safely with this ... Occasionally, not very often, but occas-
ionally. And that happens at budget time through a public process and adoption
of ordinances.
INAUDIBLE
Mr. Lindeman: Essentially that's correct. If you take ... I have not attempted
to answer that question. All right? We have attempted to determine what it would
cost in today's dollars to replace that marina. ...
Mr. Andrews: May I just answer this one question because we seem to be hung up
on the standpoint that there is some credibility here as far as what we're attempt-
ilia to do for vou. ... Ladies and gentlemen, for over 20 years I've been used to
that. I conducted during the first five years I was with the city, much more dif-
ficult meetings than this when we had highway work. And people used to come up
111n1111911@1111 11"PII 1 ICI
/3/ JUL 221976
and take the microphone away from me and speak and take over the meetings and
you're more gentle than that and I want to compliment you for it. The $110,000
has been established �n ''hat we consider a reasonable formula. The thing that
you have to identify is that at today's cost, forget about what the marina cost,
at today's cost we've identified that there's $1,300,000 worth of improvements
needed. Now if we set this minimum figure which we hoped you wouldn't object to
of $110,000 it will take us 13 years and in another 13 years you're going to have
a lot more things that need improvement. So we should really increase that in a
greater a;nount. We would encourage if the commission can to raise the rates
higher than what we predicted so we can give you those facilities at an earlier
date.
INAUDIBLE
Mr. Andrews: Alright, let me reformulate this then. Forget about the $110,000.
We're going to place $300,000 in there instead of $110,000 because we want to
make all the improvements over the next 5 years.
INAUDIBLE
Mr. Lindeman: Briefly then, the chart on the right, the green represents $227,000.
The blue represents the direct cost. For example, in the fiscal year 76 would be
$337,000. And what we're saying here is that the revenue supplied by the tenants
perse has not covered even the direct costs of the past two years. We have been
in the red. Also, the orange area which shows what the indirect costs would have
been and the reserve would have been, had- we established a formula similar to
this based on today's figures back in 1969.
UNIDENTIFIED SPEAKER: If you all will be so kind to move, I've got some slides
that I'd like to show and if someone could bring the lights down because I have
been intimately involved with this discussion for the past 18 months myself. A
year ago, a year and a half ago when we started the city needed a 25% increase.
We're 'peen nd it anr,ears nnw they need a 100% increase and
then yesterday it went to 300. I want to show you some of the reasons, Mr. Mayor
and City Commissioners that as a concerned boat owner and resident of Dinner Key
I'm very upset with the numbers in the presentations that I'm seeing. For example,
this is a six year comparison of expenditures prepared by the administration of
the City of Miami. If you will look at this and read down these line items you
will see an item called Marine Stadium -Miami Stadium - 80,000, 99,000. Now I look
at this and I say to myself, does this mean that the marina, Dinner Key and Miamar-
ina are contributing to the expenditures for these facilities? I looked at it and
I said it appears is so it does. Now, of course, they show a cost of $314,000 for
administration. Poppycock! When you look at another item look at the telephone
up there, the second line under contractual services, $20,000 for telephones. Who
are they kidding? What this really means is that the Miamarina telephones are
under a system whereby you make a phone call they charge you 25. Nowhere in these
calculations has the credit been given for the money that was collected. So i have
taken the liberty of preparing a revised administrative budget. You'll have to
excuse the ability of my picture taking. If we take into account, for example, the
revised telephone fee, not 20,000 but a reasonable fee of 5,000, if we look at the
advertising, I do not understand why a marina that is 100% occupied must pay an
advertising cost. I've modified it conservatively to 200. I then come up with an
administrative budget of $85,000. Ok? That to me is a reasonable exl:ectatopm of
mpt exorbitant for the collection of $200,000. Or what I've done now is I've split
half the administrative costs between Dinner Key and half between Miamarina. Inter-
estingly enough, this doesn't quite show it but this direct cost if you would read
Chapter 50 is made up of two components, the direct cost for the services consumed
at Dinner Key plus $83,000 as the cost of administering Dinner Key. Do you realize
that they collected theoretically $227,000 according to their formula in the ordin-
ance, Chapter 50 it cost administratively $83,000 to collect 200. Now I'm not be-
ing critical of them, I'm just curious. I think perhaps the administrative costs
should be $42,000. Let me proceed. This is, in fact, according to the schedule
presented by the city administration the direct cost of the operation of the Dinner
Key facility for the year 72, 73, 74, 75. I do not have the current projected bud-
get figures in there. Notice it is 134, 156 and 201. So we have to keep in count
then two numbers, $42,000 to administer, we've consumed $200,000 worth of services.
This, in fact, if you were to reconstruct the method that the city uses for report-
ing income and expenses would be, the income and expense statement for the past
years for Dinner Key. Now notice I have included dockage 272,000. That is both
transient and permanent boats. Perhaps incorrectly, I have included Seminole.
I've got the annex in there and they've somehow collected 135 in miscellaneous.
The total revenues received by the facilities here at Dinner Key, and these are from
their books, they're not my numbers, 292,000. The cost that is administrativd
cost, 42, direct costs of 201, Again these are basically their numbers, indicate
1
•
16
43.2,
JUL 221976
that we contributed in the year 72-73, $94,000 to the city services, police, fire,
schools, sanitation, whatever. We did the same in 73-74 and again in 74-75. Now
obviously it is going down because expenses are going up and I don't think anyone
would deny that adjustment is in order. Let's look now at the Dinner Key Master
Plan. This was prepared in 1972. There has been some discussion about why has it
nr.t been implemented. I might suggest to Commissioner Plummer that if we can get
this many people together to fight the rates maybe we can fight the internal im-
provement fund for you. I have taken the liberty of taking a photograph of a port-
ion of this report. If you'll notice there where it says Pier 1, Pier 2, this
report was prepared in 1972 let me reeind you. "There is extensive oxidation in-
dicating the salt water has intruded on the reinforcement, timber is badly checked,
the dock master reports a continuous process of replacing the decking. They are
afterall 25 years old. The electric service is obsolete, the wiring system was
designed fro 20 amps/110. All docks were using maximum current as all plug fuses
were 30 amps. There is no 50 amp service as is considered minimal in any modern
marina at any dock." Let's repeat that. It says that in 1972 this was considered
below the standard of any marina at any dock. Ok? Now they're talking about
rates at a first class marina. Ok? That's ok if you have a first class marina.
This is a report presented and presented to the city administration in 1972. Now,
in terms of cost and revenue it says, "In general commercial areas not only pay
for themselves but are able to produce sufficient revenues to assist payment for
recreational areas. While the total revenues generated are substantial they are
not substantial enough to pay off the entire cost of development if replacement
reserves and debt service are not included," as Paul Andrews pointed out. "This,
however, is not unusual with public activity and passive recreation areas." So
granted they've not taken into account that this is typical with recreational facil-
ities. This, believe it or not is the Master Plan or one of the Master Plans for
the development of Dinner Key. It would expand the facilities to a total of 750
boats in this area. It is quite interesting if you have a chance to see it. Here
is what I propose, Mr. Mayor and Commissioners. There are, in fact, two ordinances
which have been presented. 0ne is the ordinance that you all have seen and that is
what we call a formula ordinance whereby they set up this schedule of costs and
then in turn spread that over each of the slips. There has been presented and I
have in my posession also another proposed ordinance dealing with rates and this
is a fixed rate method of distributing the cost of the marina. I feel that inad-
vertently I have taken the best features of both of these ordinances and combined
them. And I've said let's analyze the cost of the marina and then let's determine
a fixed rate that should be charged. For example, I show up here as per page 37
of the ordinance that the direct cost projected for 75-76 are $239,000. The admin-
istrative I it last year was 42,000, 50,000 for this year. The indirect as per
their suggested ordinance is 83,000; that is contribution for sewer, sanitation,
police and fire protection. I said the reconstruction reserve 10,000. But I have
trouble, quite honestly, with this number of $110,000 reconstruction reserve. I
have been assured by the city administration, Mr. Andrews, that this money will
be spent at the marinas - "You have our word on it." I don't see it in the ordin-
ance but I have their word on it or at least until the 30th when he leaves. But
I say this, if the marina is going to cost $2,125,000(down at the bottom of the
page) and if we put money away each year we can earn interest on that money. We
don't need 110, we need as I illustrate 51. Now, of course, as per the ordinance
they are bypassing the commercial docks. They're saying let's take out those
docks from this particular ordinance at the time. Therefore, $391,000 is the money
needed to be generated from the docks. If we take into account the transient in-
come, and they are proposing to raise that to 25per foot per day and they anti-
cipate that there will be 35 slips of 40 feet rented throughout the year. The
projected figure is $126,000. Therefore, the popel who have boats on a permanent
basis at Dinner Key should pay a rent that will generate $265,000. Now, if we
then use their formula and allocate this out, and maybe this is the solution, I'm
saying the rate should 5 for better slips as per their ordinance and 3.64 for
less slips. Now granted, taking into account that costs have gone up, a 100% in-
crease is perhaps difficult to bear. A 300% increase brought you all out here
tonight and I appreciate the workshop yesterday but I think a reasonable increase
is in order. If, for example, we were to go with a 5 and a 3.64 increase which
is a 25-30% increase over the current rates, start to put in the improvements.
The revised ordinance that has been presented calls for an increase based on the
cost of living. This may be the melting of both this ordinance and the ordinance
that was prepared yesterday. So Mr. Mayor and city Commissioners, I would suggest
to you that we go with a fixed rate formula and that fixed rate formula might use
a rental rate as per this schedule which is about a 25-30% increase. Do you all
have any questions? Ok. You notice I have $51,000 allocated for improvements for
whatever. Now somebody brought a very interesting example and they said, "Well
how are you going to expand the marina?" and I believe you said, "We're going to
float a bond issue." No? To expand the marinas? Ok. I would propose this:
that just as if you want to build a road, if you say to people, "Ill tell you what,
you're going to pay every day 25 for this dirt road and if we collect enough money
INlfANOAllIIIIPI I11
®91IIIIrllIII"IIRIApPvip1ovIIIIIII IIRIIP Itl
‚33,
JUL 221976
40116.,
we're going to pave the road". I would submit to you, let's do this: Let's
_.,grove the marinas through a bond issue. Ok? And then we will enjoy the benefits
or those improvement: and obviously be willing to pay for them.
INAUDIBLE
fm/T^NTIFIED SPEAKER: Yes, of course. In other words if, for example, improve-
ments of a million dollars are needed let's float bond issue, let's get the im-
provements in and allocate the costs.
Mayor Ferre: I didn't wnt to interrupt you because of the arguments you used
can be used two ways. The fact that you say you put the Master Plan up and the
Master Plan says that the docks are dilapidated and all, that's exactly the point.
You know that's why we want to get some money so we can fix them up. Now, your
argument about the roads - I agree with you. You know who pays for roads mostly?
The users. Who are the users? People who buy gasoline. RIght? There is a gaso-
line tax, the gasoline tax flows to build roads. That's what we're trying to do
here, not if I don't buy gasoline. See, if I don't buy gasoline I don't pay tax
I'm a user. And the people who will use the boat slips are the ones that are
going to pay for them, not a bond issue. People of Miami aren't going to pay for
it, not now.
UNIDENTIFIED SPEAKER: ... specific revenue bonds that allocates the money, in
other words if there is a specific pledge of revenues generated from Dinner Key
for improvements; I'm sure you can float a specific bond issue pledging the reven-
ues of Dinner Key to pay for those improvements that are needed. Well no, you
generate the revenues as obviously my formula shows. What I'm saying is if we
need the improvements let's put the improvements in and pay for them over time.
Let's don't put the improvements over time and pay for them from day one.
Mx. Andrews: Mr. Mayor and members of the commission, obviously we did not come
to this meeting unprepared and if necessary we can go step by step, detail by
detail of every single account leading directly up and utilizing the figures that
we used in 1975-76, applying the formula, come to a rate structure that would be
charged to meet requirements of 1975-76 and we will take out and remove the $20,000
which should be removed for the telephone cost and apply directly to Miamarina.
The advertising should be removed and is removed, in fact, in our calculations
that we've arrived at. And we can carry the commission step by step through every
single detail and I can tell you based on the 1975-76 figures what the cost would
be for the slips, both those occupied by the live aboards and those who are non -
live aboards or wet storage. Now in carrying you through those details, if the
commission wants to, and I can demonstrate this quite clearly, that would end up
with an improvement reserve of $110,000 which when you identify the improvemtns
that are needed I am telling you that assuming that those estimates are reasonably
correct it will take you 10 to 13 years to get those improvements in place. I
don't think you want that and if you do not it means a rate structure slightly
higher than that in order to generate the moneys to get the improvements.
Mrs. Gordon: Mr. Andrews, I've never gotten the answer I'm lookin for. Mr. Dixon
suggested it but it just got brushed aside. How can we proceed to put the improve-
ments that are needed in place now? Ahead of time - before. And ..hen as people
have said and I have said time and time again, I believe that people will accept
the rate increase, won't even argue the amount as much if they have what they need
and the thing is in working shape. How can we do it?
APPLAUSE
Mayor Ferre: Rose, you must have said the right thing. What did you say?
Mrs. Gordon: I said let's fix the place up and then you can get the rent you want
but you can't get it unless you have it in good shape.
Mayor Ferre: Hey Rose, let me tell you something. We've been at this thing as
Paul said for 17 years.
Mrs. Gordon: I asked Paul how to get the thing fixed up now.
Mr. Andrews: I can answer that, Mr. Mayor, if you wish. There is one of perhaps
several ways. One would be the potentiality of a revenue bond issue. But, Mrs.
Gordon, in today's market that is not the best way to achieve this because the
interest rates are so high that it gets too difficult. You lose so much money
through the interest rates that you have to pay on a revenue bond issue because of
the security that you're pledging and you could bring that revenue bond issue down
if you could get some kind of pledge of Ad Valorem Taxes against that, general
�3y
JUL 2 21976
bonding. Now the other alternative, you really have three, the other alternative
is to go to another tI..-al obligation bond issue, put that burden on the tax,.
payers of the City of Miami...
Mayor Ferre: I would not vote for that.
Mr. Andrews: The other one is to...
Mayor Ferre: Excuse me for interrupting. Just like I would never vote to spend
one cent (10 of taxpayers monies in approving the Orange Bowl. We never have.
Mr. Andrews: We have not. And the taxpayers have already gone through that pro-
cess to give us the Marina that we already have.
Mrs. Gordon: Alright, you jumped over the revenue bond issue because interest
rates are too high, what's too high?
Mr. Andrews: 8%, 712%.
Mrs. Gordon: Well, would your return pay for that?
Mr. Andrews: Well if you go, and what we're suggesting here is pay as you go
rather than getting involved and spending that money.
Mrs. Gordon: But it takes forever to get the improvements. We'll never have...
Mr. Andrews: Even if you do, you still have to generate some 110, $200,000.
Mayor .Ferre: I've got news for you. You know where we're heading, we're heading
to do both things and it's just a matter of time but we have to take one step at
a time. Alright, let's see if we can go onto the next speaker, okay? Mr. Allen
Lupka was in the middle of speaking and now that the presentation and the counter-
proposals are made, why don't you...
Mr. Allen Lupka: I think what's really involved is the credibility of some of the
figures that you've come up with.
Mayor Ferre: Well that's always been a problem. As we present these things, the
figures are always questioned and that's...
Mr. Lupka: Like re -construction reserve; number one...
Mayor Ferre: Keep going over and over them.
Mr. Lupka: There's really no testimony as to when it would be necessary to re-
construct the Marina. You take a figure that seems to be a large, in proportions,
of the total amount and say if this is what's necessary, we've got to reconstruct
the Marina and that 25 years is the time span that it should be done and yet
basically there hasn't been one iota or shread of testimony that 25 years is the
life span of a Marina or that it would even need that amount or what amount would
be necessary. I'm not saying that it is or it isn't but I think that it should
be backed up with some testimony as to what the life span of the Marina would be,
how much would be necessary, I mean, most people feel that that money will never
be used in the Marina, that that money will be plowed back in the General Fund
and nobody in this Marina will ever see any improvements. I have one other
statement.
Mayor Ferre: Alright, Mr. Lupka.
Mr. Lupka: I think that an increase of 20 to 30% would be something that most
people would consider reasonable and I think that everybody here who are working
people lived on their boats, were hit by inflation in their everyday lives, the
cost of renting a boat and operating a boat is certainly not cheap and has risen
in the last several years and the City of Miami really does not help boat owners
in the event of a hurricane when we have to go move our boats and look for some-
place although there hasn't been one for many years but another thing is that when
boat owners may be leaving for a whole season and they would be paying for their
slip all those months, not wanting to give it up, and yet they don't receive
one dollar ($1) in credit for the transiant money that comes in that the City
receives the benefits of so it's not all a one way street.
Mr. Plummer: Sir, I've got to ask this question and maybe, I don't want to pick
on you and if you don't want to answer it, don't, but let me ask just a simple
/JS
JUL 221976
question. Sir, why do you expect from us, the City, to provide you something chea-
per than what you hac to nay more for elsewhere? Why do you expect that?
Mr. Lupka: Because most products are covered by supply and demand. It's not the
case with boats. You can articifically create a market of boats because when the
City raises, there aren't enough slips. There are people with alot of money that
would pay three times what we're paying, four times. Do you want to take everyone
here and throw then out of their slips and have nothing but millionaires? You can
get them because it's an artificial market. If a parson buys a boat and they can
afford it, they'll pay almost anything to get a slip because where else are they
going to go? Are they cuing to park out in the middle of the bay and drop an
anchor and invite friends to come and visit them? They can't and they'll pay
whatever it takes to get a boat slip. Now if the City is going to raise their
rates, the private sector will raise their rates and the City is going to raise
their rates and it's just back and forth but it's an artificial market, it's not
controlled by supply and demand. If you go out to Marina Delray out in California,
you'll find 3,500 slips in Marina Delray. Why did they supply so many slips out
there and...
Mayor Ferre: How much do they charge by the way?
Mr. Lupka: I really don't know the rates but...
Mayor Ferre: Mr. Lupka, I hate to cut you off but it's 10:15 P.M. and it's been
a long hard day for me and they've been at it for 15 hours, I was at something a
little harder today and excuse me but we're tired so let's move along. Jeannie
Briggs, pier 5.
Ms. Jeannie Briggs: I don't know why I'm the only woman who wants to speak but...
Mayor Ferre: No, there's another one.
Ms. Briggs: Is there? Good. I would like to report to the Mayor and the Commi-
ssioners that I had a conversation a short while ago with Mr. John Shot who has
been the Commodore of the Coral Reef Yacht Club for many years and a member in
good standing and my conversation with him involved the amortization of the docks
that were build on their property and Mr. Shot informed me, I don't think he has
any objection in my using his name, I don't know if he's here tonight, Mr. Shot
informed me that as Co;i odore of the Coral Reef Yacht Club, when they build new
docks and their dockage rates, I believe you will find if you check into it, are
considerably lower than the ones at Dinner Key even at the present time. They
amortized and completely paid for those docks in 5 years and if you go over and
look at their docks, I think that you will find that they are very substantial,
that they are well built and well constructed. Maybe we ought to go over and
take a look at them and find out how they did it, it's only a suggestion. I would
also like, and I'll try not to take any more time than is necessary, to poir.= out
that in 1969, which was the first year that we came here and we lived, for the
record, pier 5, slip 15, I have a 65 foot boat, that in 1969, just prior to our
coming here, the rent for that slip, as I understand it, was $65.00. Just after
we came here, it was doubled, so you do not have a 5 or 10% increase in that
period of time. In fact, for our particular slip, it was 100%. This does not
hold true for all slips but it was for the larger slips. I think that it goes
without saying that most of us here do not object to some form of rent increase
but what has not been brought up and does disturb me is the fact that the City
wants to put a penalty of an additional 20%, now my slip is $120.00 now and it
will be $180.00 under the new increase plus a 20% over that as a penalty for not
owning property in the City of Miami although I do own property in Dade County
which would bring my rate for that boat up to $216.00 and even though it is a
large boat, I'm not a fat cat and I can't afford that and I'm not ashamed to say
it. I think that if we could all get together and listen to Tom's presentation
listen to what the Commission has to say and try to work out some equitable
moderate rate increase that we could all see some daylight and I don't mean one
or two o'clock in the morning.
APPLAUSE
Mayor Ferre: Alright, Mr. Charles Vanderlinder.
Mr. Charles Vanderlinder: (INAUDIBLE)
Mayor Ferre: Alright, thank you, Mr. Vanderlinder. He said that he wanted to
speak but his place has already been made and he had to applaud for that. Tom,
/36
JUL 221976
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you already talked so Counsellor, it's all yours.
Ms. Elizabeth DuFrain: My name is Elizabeth DuFrain, I am a City resident, t live
at 3238 Virginia Street here in the Grove and I own property in which my Law offices
aLe also located also in the City of Miami at 1492 South Miami Avenue. I have
been asked by the Tenants Associations, specifically Tom Dixon, to come tonight
for purposes of twofold. One, summarizing the speakers that would go before him
on behalf of the various tenants in perhaps a quick form but a succinct form that
would go to the Ordinance itself, taking legitimate complaints of problems and
translating them into legal in connection with the Ordinance and secondly
to make an emphasis and enclosing certain points for the tenants that they would
like to leave the Commission to have as major points to consider when they get
to actual voting on the Ordinance. There are two major differences between the
Administrator's procedures that's outlined in the proposed Ordinance and the way
that formula is being translated into rate increases or the tenants here and the
presentation that Tom Dixon made tonight. There are two areas of differences. One
is a difference in figuring a basic number that we all have to have to work with
and that is, how much does it cost to operate Dinner Key, how that number was
achieved and what that number is is not an unimportant thing to go brushing by.
We pointed out, Tom and I, in a session with the Administrators,$20,000 in
differences in phones and advertising, they admit that it was a legitimate
difference and they did make that change and we were appreciative of that admission
however, we consider a number of other costs in it and Tom has prepared and I be-
lieve he has sent to the Commission and the Administrators, copies of points that
outline those areas of difference. Administrative costs, it seemed just propor-
tionate and if that's being figured in, you're taking $80,000 to collect $200,000
for some problem and you shouldn't make a rate increase that takes that as a given.
If you take an operating expense as a given that is an inflated figure, then of
course the rates will be inflated too at the end when you figure them. There is
the first question of the operating expense and how it was arrived at and what
that number is and we believe we have raised some legitimate areas of inquiry and
before those are answered, the Commission is not in a position to vote on applying
any form of it. Secondly, and really major, and I've had some difficulty in under-
standing how this can be is when you see the big bracket that Mr. Lindeman so
nicely put up there and presented so well where he shows tenant revenue and Mr.
Andrews explains why, in tenant revenue we segregate out the $45,000 under the old
present rate structure that comes from transiant income or the $120,000 that
would propose come under the new rate increases. Why is that not included as in-
come and we've been told it was segregated, it went towards making reserves, we
have been told alot of things but the formula itself builds into it, the concept
of reserves. The formula already has a reserve spot and the income is not counted
towards that, that formula, it's outside. My background, of course, is civil
rights and that's where my experience in law first came from. I worked in Father
Gibson's neighborhood as a neighborhood lawyer in the civil rights field for 5
years before I went and what has been done here is a classic way of dealing with
people that have little power. What you do is, you take them and you take their
income and you count it in a way that it counts minimally and then you count things
that might count in their favor or increase their power position, you discount
them and that's what's been done here. If the tenants pay something in, yes, that
is okay, that's income, but if the City makes money from the very same slips the
tenants are paying rent on, that's not income and it somehow is irrational to me
in a basic way, I mean, very basic.
Mayor Ferre: I'll tell you, after you finish, I want to speak to that because
I happen to agree with that premise about if people are renting a space, if some-
body else comes in while they're not there and pays rent for it, I don't see, I
don't think it's proper for the City to do that.
APPLAUSE.
Ms. DuFrain: I have a very good train of thought. If Mr. Andrews would like to
respond to it now, I'm comfortable. Those are the two major areas of difference
between the tenants and the City Administration of what's been presented today.
It's how do we arrive at operating expenses and what are they and whether or not
we should count in tenant revenue, that's really the major difference. Other
than that, almost every number that was before you was admitted and they went out
and they hired a lawyer to come in front of you and say hey, we agree with almost
everything that's sitting in front of you. Almost all of those numbers were in
agreement of, there's two areas we disagree. One, you should count this income
and two, we think you've achieved a figure on operating expenses that's not
accurate. We think it's about $150,000 off. If you make those two corrections,
you're then down to a series of numbers that we all agree about and we're really
just down to a philosophical point at that stage. Are you going to ask, at this
1111gp1PIR1111�1' II I, II1F III II I I I II
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j37
JUL 221976
point, for a truly premium rate for a truly inferior facility during the process of
trying to upgrade it ano 7 think that doesn't make sense philosophically.
Mrs. Gordon: (INAUDIBLE)
Ms. DuFrain: Mrs. Gordon has said it much better than I in less words but it is
philosophically offensive to say to a group of people, okay, you all keep paying
and I know you may leave tomorrow but you're going to pay up at the rate of really
a good marina and someday maybe you'll see one.
Mayor Ferre: You know, that sounds like Joe Robbie's statement, that's what Joe
Robbie keeps telling us. He says, I'm not going to pay the rate for a good sta-
dium, we don't have a good stadium.
Ms. DuFrain: The fact is, no one in the room tonight has spoken against the rate
increase and I think that's really a sort of remarkable thing that you have before
;you. You have a large group of people and not all of them have spoken but their
representatives have spoken to you and not one, not a single person, has said don't
increase our rates even though we're in a cruddy facility and everyone admits it
on the Commission and everybody in the room says boy, we've got a bad facility,
and they all say, go ahead and increase our rates. Anyway, what they're saying
is don't increase it to a premium rate at this stage when we're still in an in-
ferior facility. A 20 to 30% increase at this point seems absolutely to keep
the revenues flowing, to meet the cash needs of the City and to overate it a little
better than the level it's going at right now but don't somehow expect in one year
to make up for what has happened since 1969 in deteriorating dock conditions.
Monies were being taken out and put into general funds during that period of time
that could have been building up those docks. Don't make this group of people,
the people who are currently today living in the Marina pay for what wasn't done
probably for some very legitimate priorities, not questioning the priorities and
at that time said that money should go here or there but today, don't take one
group of people and make them pay for what the City chose in the past to establish
as other priorities. This is now a priority. I've heard Mayor Ferre say it
today and I've heard each member of this Commission say it at one time or another
and I've read the minutes of all the meetings on this matter because I came in
new and I didn't want to come before you as some new girl on the block so I went
back to 1969 and I read when you raised the rent there 10% and you made some comments
at that time, Mr. Mayor...
Mayor Ferre: Uh oh.
Ms. DuFrain: No, they were very good comments. You said that it's time to raise
it and it's time to improve this facility, this town needs more boating facilities
and we're going to make the following repairs and...
Mayor Ferre: Yes but that doesn't speak very highly of me because it means that
I made alot of talk and no action.
Ms. DuFrain: Well, it didn't happen, the recurs weren't made and no one in this
room says that there were huge amounts of money that were floating around that
could have, there were some amounts of money and they were not chosen to be
applied to repairing the docks so they're in much worse shape than they need be
but don't try overnight to solve that problem because of a difference in priori-
ties 5 years ago or 2 years ago. Today, we're all committed to the same idea and
that is, better docks, and equitable pav rate and I've been told to stand before
you and to say that there won't be a vote here that will be against a 20 to 30%
increase even given the current level of facilities and if we can then talk about,
in the next 2 years, a range of time in which we can come forth with true improve-
ments, I don't think there will be anybody sitting in here to do anything but say,
"Here, here" when you finally get to the point of increasing to what you think
you really need.
Mrs. Gordon: Okay, we're on the same wavelength. What I want to know and what
I asked Mr. Andrews was the question about floating the revenue bonds and he said
yes, this could be done, and we have a com.-nittment that this would be an approach
that would be taken as to feasibility and availability. What is your opinion,
representing the people, about being willing to set up the rate structure so that
the revenue bond would be easier to obtain? I don't know that we could obtain it
if we don't show the means of returning on it. What do you think?
Ms. DuFrain: Obviously, one of the things I dont' have on that is numbers and
we don't have, I don't believe, prepared before us the figures that would be
necessary to bring in a rate increase to support properly a revenue bond.
/3!
JUL 2 21976
•111111111111111MIIII
Mayor Ferre: Well let me tell you how you do that. You get bond counsel and
bond experts to come .c,an here and tell you what kind of revenues you need to
pull what kind of bonds to build what kind of facilities but somewhere along this
eternal cycle that we've been chasing for 17 years, somewhere we've got to get
into this, we've got to break the change somewhere and get started somehow be-
cause I don't want you to stand here or sometime, I won't be around 4 or 5 years
sitting here, and I don't want somebody coming here and telling the person that
follows me in this Chair say, well you know, Mayor Ferre, when he was a Commissioner
in 1969 said and then in 1976 he said and here we are all over again.
Ms. DuFrain: Well, the formula as presented is not a magic answer. When we were
talking with the Administrators, there was a total recognition that even at the
$110,000 a year which is not really replacement, they called it in here replace-
ment fund but, in fact, what it is is a major repair fund and that is what it
really is. It's a depreciation allowance, it's whatever you want to call it, you
can't do that when you're a City because cities aren't allowed to depreciate so
you call it a replacement fund. It's not replacing those docks. They tell us we
have a million and a half dollars ($1,500,000) in current, today, major repairs.
All we're really yoing to do is major repairs, we're not taking out and putting
in new dockage 20 years from now which is what that figure is based on, what we
are really doing is saying, certain big, huge repairs have got to be done to
make this place safe and they can't do it on this formula. They can't do it for
more than "X" amount of years for 12 years. Well that's assuming that no other
major repair...
Mrs. Gordon: But you've got to have a bond issue... We don't have the money and
we've got to get the money and we do need to raise the rents in order to pay the
bond issue so which comes first, the chicken or the egg.
Mayor Ferre: See? It's self -defining, it's called a revenue bond issue and that
means that you pay for it from revenues, it's not a general bond issue.
Ms. DuFrain: I don't believe anybody here is questioning that they have to con-
tribute to that effort.
Mrs. Gordon: Mr. Andrews, how long would it take you to get us an answer on this
funding?
Mr. Andrews: Oh, I think it would take about 30 days to get any kind of reason-
able answer but if I may, I want to be of some assistance at this point so that
we might come a little closer to a solution. Let me identify some figures and
let me make some assumptions that we're wrong and that they're correct and that
we're going to use their figures.
Mayor Ferre: Okay, you go ahead but it's 10:30 and I want to be out of here by
11:00..
Mr. Andrews: I'm only going to take about 3 minutes, Mr. Mayor, that quickly.
If we assume the $48,000 for administrative costs and we're off by some $30,000
or $40,000, then the direct cost in the City would be approximately $300,000
to operate this Marina, there's no question in my mind about that. There's
$83,000 in indirect costs that we can identify without any problem whatsoever.
Now if you want to start reducing that, what you're really saying then is that
you're shifting the burden to the rest of the people of Miami to provide certain
sanitary, fire, police, recreation services so there's got to be some figure.
You can reduce that if you want to to $60,000 so now we're talking about $360,000,
I'm cutting figures as we go along. When you get through with that amount of
money, which incidentally, that already exceeds the revenue that's being produced
if you add in the $30,000 or so of transiant revenues which we can add in, we can
add that transiant revenue and try to provide the best guess estimate at that.
The problem you end up with is, you're faced with $1,300,000 worth of improvements.
Where do you get the money to provide those improvements? And if we use their
figures and did what they said but we found out that at the end of the year we
needed more money for the direct and indirect cost, then you'd have to have not
as much money for reserves available and as a practical matter, even if we work
with these people, Mr. Mayor, we set up a precise accountability and they're
welcome to accounting, certainly someone among this group has some accounting
ability and we'd set up an account so that they're understandable that this City
is in trouble as far as Marinas are concerned. You've got to increase it at the
level that we're talking about otherwise you're going to ask someone else to
support the operation in the improvements and it's just that simple.
Mayor Ferre: Paul, why don't we let her finish and I understand your statement.
!III AI1I I19!P 11! 1!11!I RII II GIMP
/37
JUL 221976
Ms. buFrain: Finally, there's a way in which the Ordinance, as it's now been
hacked out of the fiist Ordinance and been created into a second Ordinance, comes
before you tonight. The commercial entities, the vessels that are commercial,
are still treated within this rate structure at a totally ridiculous figure so
you're figuring a formula that takes into account operating expenses that of
course doesn't count in any decent commercial income. We're putting it all, the
is totally on these people when, in fact, obviously one of the groups
served by that Marina and served very well is the commercial vessel. The
commercial vessel, as of now, is totally untreated by the Ordinance and to treat
it in part as though they were separate questions is not logical, it doesn't even
make sense.
(INAUDIBLE)
Ms. DuFrain: You're setting a precedent. Well, a precedent, in order to stand
when challenged in a court of law, must have the support of logic as well as
sound legal basis and if you treat one group in a way that is disproportionate
to the way in which you've already treated another group, you're setting up
lawsuits and that's unfortunate because I think...
Mr. Andrews: Mr. Mayor, I don't want to interrupt the speaker but she's talking
about legal precedence and we're talking about Administrative precendence.
Mayor Ferre: I know.
Mr. Andrews: They're different.
Ms. DuFrain: They're different?
Mayor Ferre: Mr. Allen was just telling me, he reminded that you all represent a
minority group.
Ms. DuFrain: That's true - boat owners.
Mayor Ferre: A discriminated minority group. I'm not too sure that's quite...
Ms. DuFrain: I think to segregate out, as has been done as of now in this Ordi-
nance, one, the thing that the Commission has already said, the income from
transiants; two, to not even treat the commercial income leaves you with an
illogical base dealing solely with one portion of the public served by the Marina
and that's this group and this group cannot be treated all by itself. It's part
of a functioning public served by that Marina and you must treat them altogether
and in a logical and consistent fashion. I don't think, when I was saying about
lawsuits, I was talking about Civil Rights kind of things, I was talking about
good public Administration that never invites litigation if it's not necessary
and you've got a group that wants, wants to raise the rents 20 to 30% and I don't
understand why someplace in there there is not a ground for providing public
service at the way that people are willing to meet the responsibility on.
Mayor Ferre: Would you like to apply for City Attorney?
Mrs. Gordon: Let me compliment you on a marvelous presentation.
Ms. DuFrain: I've been special City Attorney for the City of Miami Beach and I
got their rent control passed as you might recall.
Mayor Ferre: Yes, we sure do.
APPLAUSE.
Mayor Ferre: Alright Paul, before we get to you we have two more speakers here.
Bob Bruger asked to be recognized and I sat him down so it's your turn.
(INAUDIBLE)
Mayor Ferre: Right, okay, that's fair. What he said was that people should
identify who they are and if they represent groups, marine groups or boat sales
or repairs or whatever. Alright, Paul Andre, you asked to be...
Mr. Paul Andre: Okay, who do I represent. I'm going to start off with being a
taxpayer of the City of Miami. Being before the City Commission for 17 dammed
years trying to get more marine facilities day in and day out standing here with
16 less slips than we started out with 17 years ago, that's a good beginning about
Pi 0
JUL 221976
immivoinsIlholomipti mmi
who t represent but I want to set the record straight, I think, on one point for
the information of the Cicy Commission concerning a club that I am a member. __'I
was talking about the Coral Reef Yacht Club which is a private yacht club on pri-
vately owned property. The City presently rents the underwater property to the
Coral Reef Yacht Club and Biscayne Bay Yacht Club for a dollar ($1) a year. The
history about that, if you look back far enough, the repairing rights, at one time,
extended over that area to those property owners. The bulkhead line was drawn back
further to the shore and irraticated the rights and to avoid lawsuits
at that time, and litigation wasn't implied by both organizations, the agreement
was made just to lease the Bay Bottom so there is some as to why that's
there. Now that's very fine, we got the water. There are 72 slips at the Coral
Reef Yacht Club and they were built at a cost of, the first slips were built about
12 or 15 years ago at a cost of about $75,000 for 36 slips and they were added to
for a total of 72 at a cost of over $100,000 and today, the base of estimate on
72 slips would be at $7,000 or roughly $500,000, that's what's invested. Now these
were not paid for out of slip revenues...
Mayor Ferre: We should have built them before, right?
Mr. Andre: That's right, yes sir, this is really what happens to us on this in-
creased cost to rebuild but secondly, these were not paid for in 5 years...I
think you misinterpreted. We raised a bond issue among our own membership and I
have a house on the water in Coconut Grove, I do not have a boat slip anywhere,
the Yacht Club or anywhere else. I bought a bond because to me, the marina
facilities are fine, I bought several bonds and I'm still getting paid interest
on those bonds, I still don't have my money back so those things have not been
paid for yet and the rates for the marina there are considerably more than they
are at Dinner Key, just to keep the record straight.
Mayor Ferre: Well, what do these people say at these clubs like Coral Reef?
Mr. Andre: Well they pay it on a per slip basis, like the slip, and it will vary
anywhere I think from $700 to about $1,000 a year but bear in mind also that they
have to pay dues which at this time amounts to something like $400.
Mayor Ferre: Yes, but that has nothing to do with the dues though.
Mr. Andre: Well this is a contributing factor to it surely. You can't get a
dock unless you can pay the dues.
Mayor Ferre: Obviously but I mean if you have the dock, you're also paying dues.
Mr. Andre: That's right, in addition so it's not the free ride that's been
eminated here, I just did want to set that straight. Thank you.
(INAUDIBLE)
Mayor Ferre: Okay Paul, we're not going to get into an argument as to who paid
what for what slip but I'll tell you, if you want to make quick statements, go
ahead.
(INAUDIBLE)
Mayor Ferre: Okay, next.
(INAUDIBLE)
Mayor Ferre: Paul Andre has stated a whole bunch of times that he represents the
Marine Council.
Mr. Andre: Let me clarify this. Some of you obviously don't realize it and...
One of the hats I wear is as Vice -President of the Marine Council*of Greater
Miami.
Mayor Ferre: There's nothing wrong with that. The Marine Council are the people
who sell boats and who are interested in the promotion of the marine business in
Miami. There's nothing wrong with that.
Mr. Andre: The Marine Council is composed of 160 members which includes every-
thing from the major cruise shipping lines, people that do marine construction,
people that are in marina operation up the river, there is nothing down here as
you well know, and a representative of every yacht club in the Miami area sits
on that.
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JUL 221976
Mayor Ferre: Yes, and they're entitled to be heard too, there's nothing wrong with
that.
(INAUDIBLE)
Mr. Andre: I am a member of that organization, I'm also that organization and I'm
speaking as a representative of that organization.
(INAUDIBLE)
Mr. Andre: I beg your pardon. I am the Chairman of the Marina Affairs Committee
of that organization and therefore I represent them on conversation concerning it.
Mr. Plummer: Let's also make the record clear, Mr. Mayor, in all fairness...
Mayor Ferre: But there's nothing wrong with that.
Mr. Plummer: No, but let's make it fair and make it very well understood. We,
the Commission, invited the Marine Council to participate. They didn't come in
:ogre and barge in and say, we want to take a part. We said, would you please
come in and assist us so let's don't have the...
Mayor Ferre: The Marine Council has a distinguished record of being involved and
activist in areas that affect the Marine world in Miami and of course it's a
special interest but they're entitled too.
(INAUDIBLE)
Mayor Ferre: Yes, he said...
(INAUDIBLE)
Mayor Ferre: He has explained that he is the Chairman of, what's the name of that
Committee? The Marina Affairs Committee so he's here officially, he's got that
right too. Anybody else? Who else wants to speak? Al Sakolsky.
Mr. Al Sakolsky: I'm here representing myself, right? I've got a boat on pier
5.
Mayor Ferre: Well, your name for the record.
I own
Mr. Sakolsky: Al Sakolsky n the Coconut Grove Hotel and some of these good
people are customers of mine and the reason I'm here, Maurice, Mr. Plummer and
Mrs. Gordon, as I sat here and watched the entire proceedings, I think that
looking at this presentation in the record and the calculus formulas, believe me,
I'm pretty good with the numbers, I couldn't figure it out and to take a balance
sheet and argue a balance sheet with the City, you can make a set of numbers do
whatever you want them to do. This group that represents some of the boaters, they
can make the numbers do whatever they want them to do, the City can make it do
what they want to do but what we're not looking at is primarily what do we have
in the way of a facility and why is it there. It's part of our City like part
of our parks, I pay $140,000 a year in taxes on a building here in the Grove.
(INAUDIBLE)
Mr. Sakolsky: Not own the City, a good part of it. I pay 10 Mils of that total
for a school fund. I don't have any children in school but it's part of the
services that the City and the County has to offer. If every person that walked
into a City park had to pay an admission to go into the parks, there wouldn't be
any public services. Now part of everything that makes the City of Miami what it
is, part of the reason that I built my building, part of the reason that the
people wish to live there and part of the reason that we do have Ad Valorem Taxes
is that we have schools, we have Marinas and we have public facilities and you
can't sit here and argue numbers, it's just a question of whether or not we want
to make the City of Miami a more desireable place for people to come to, install
a waterfront facility that is a credit to the community and whether we, as a group
of citizens want to stand behind the City, that really means something and that's
what I have to say.
APPLAUSE:
Mayor Ferre: Alright, you're the last one because after this, we only got 10
minutes left and I really think we ought to move on something.
,JUL 221976
Mr. Ninan Tinsley: Thank you Mr. Mayor, Commissioners. The thing that disturbs me...
Mayor Ferre: Your name.
Mr. Ninan Tinsley: I'm Ninan Tinsley and I live on pier 2, slip 47, I am a Dade
County taxpayer, I don't own any property in the City of Miami but I own property
in the City of Miami in Coral Gables. The thing that disturbs me is that we are
here fighting each other. It seems like we have so much antagonism. We are
fighting City Hall; you see signs all over the dock "We are fighting City Hall,
let's fight City Hall" and it seems like City Hall is trying to fight us and
what we should do is set some realistic goals. This should be the boating center
of the world. We have beautiful weather, the water, the waterfront property but
what are we doing with it, we're not enlarging our docks, our facilities, we're
not encouraging people to come down here to use our waterfront facilities, I think
we should set some priorities and these priorities should be increasing our
boating facilities, our docks and making it a better place for all the people to
live and if the 300% increase is put into effect, many of us won't be boating, we
won't be able to afford it. Thank you.
APPLAUSE
Mayor Ferre: Alright, I'd like to express my opinion on the record and I'll try
to be brief and try not to be repetitous. You've heard me before say some things
and I'll just tell you how I feel. First of all, I completely agree with the
premise, Mr. Andrews, this is just my personal opinion that if a person rents a
dock and if that boat leaves the dock and you rent out that dock and get some
money coming in, that that person who has a permanent place should get a fair
reduction and by that, I mean, what he pays. If he's paying "X" number of dollars
a day and he's gone for 5 days and you rent that space and you're actually rent-
ing it for twice as much or whatever it is, that the least that that person should
do is get a reduction of what he's paying if the City is making money so philoso-
phically I think that's correct and I agree with that premise. Counsellor, I think
that was a valid point. Number 2, I also feel that the commercial fishermen that
are in the area should pay not under foot basis proportion but I think that it
ought to be, I think it's not the City of Miami's business to provide commercial
spaces for commercial fishermen and if they, and if we do make commercial spaces
available, I think that they should really carry a stronger burden because they
are making money out of that.
APPLAUSE
Mayor Ferre: That's number 2. Number 3, I completely agree with my colleague,
Rose Gordon, that if we're going to get around to doing the job, then we've got
to approach this the same way as the Orange Bowl. Now what we tell Joe Robbie
is, look, you signed a contract with us and we will fix up the Orange Bowl so
that there will be 50,000 chairback seats and we will have better public facilities
and what -have -you but you've got to sign a contract and you can't pay 312%. You
have got to pay the faregoing rate and the faregoing rate throughout the United
States is 10% and he says, I refuse to pay a 300% increase. Well, that's not
the point, Ir. Robbie, the point is that for 10 years you've been paying 31%
which amounts to $2,600,000. Now, $2,600,000, last year the Dolphins paid,
excuse me for going into this but I think it's very . The Dolphins paid
$240,000. Now we just saw in the newspapers that the Dolphins are going to pay
Don Shula $400,000 a year to coach. Terrific! He's worth it! Hey, get the best
coach in the United States, he is a grape and they're paying him $400,000 and he
doesn't want to pay the City of Miami the same amount of money and out of the
$244,000 that we got, would you believe that $200,000 was expense and the $44,000
that the City put into its pocket didn't go into its pocket because we used it to
improve the Orange Bowl and who gets the benefit of that improvement, the Dolphins
do and Mr. Robbie is upset because we want to charge him the going rate in the
United States for a Bowl facility. But you see, what we want to do is, we want
to take the money that he's going to pay in increase and we're going to pledge it
and then we're going to go out and improve the Orange Bowl, that's what we want
to do here. What we want to do is, it's long overdue, how many slips do we have
here?
(INAUDIBLE)
Mayor Ferre: 425. When was the last time that the City of Miami built 100 boat
slips? Shame on us, we've got to be ashamed. This is long overdue and I'll take
the blame for it just as well as everyone else around here because I've been around
here since 1967, that's when I got elected for the first time and we haven't IDuilt
any boat slips other than Miamarina which was done before I got here and I got here
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JUL 2 21976
in 1967 and the was cast on that during Bob High's Administration and that
goes back to 1964, tn..t's 12 years ago. Now look, I agree with you in part and
I disagree with you in part and let me tell you wh-re I agree. I agree because
you're right, we ought to be proud, this ought to ae the boating capital, we
ought to have the best boating facilities in the country, we shouldn't take second
place with Southern California, shame on us. Now you go out to Southern California,
how they build their marinas. Well first of all, most of those marinas or some of
those marinas are private and they're moneymakers. Now there's a moneymaker up here
that's called Bahiamar, they charge 45C a foot or 35.
(INAUDIBLE)
Mayor Ferre: Sure. Okay, that's the high rate at the height of the season or
what have you, I accept all of that, that's the private sector too, I accept all
of that. I also accept the premise that boating should not be limited to rich
people and I also accept the premise that government has an obligation to provide
recreational facilities. Now let me give you the other side of it. The other
side of it is that there are 350,000 people that live in the City of Miami. My
primary obligation as Mayor is to the people of Miami, not to the people of Dade
County and the people of Miami, for the most part, are presently not well off.
Economically, this is a poor City. The average income in Miami is substantially
lower than most American cities. Now you may say, well that's nobody's fault,
it's because some people moved out and went to Kendall, they went to Ft. Lauder-
dale and the poor people moved in, that's what usually happens in poor cities,
I accept that but I do not feel that my primary responsibility is in building
golf courses for example, or building marinas or boat slips other than as I see it,
it improves the fabric of the community which in tUrn provides jobs, okay, and
therefore uplifts the whole quality of life in this community but I want to speci-
fically tell you that I don't feel, and I've always expressed it on this Commission,
particularly impressed with the idea of providing golf courses and tennis courts
for people that live outside the City. We have a serious problem in Miami with
that because we've built great par}: system for this area and our park system is
enjoyed by people from all over. Okay, that's the way it goes. I don't think
that we this City have the responsibility out of taxpayers money, no question
to build the Orange Bowl, golf courses or marinas. Now there is a way for us and
we should provide this type of service, how? Well, it's got to be done by non -
tax funds and there's only one way that you can do that and that's the revenues.
Now you can do it through direct revenues and build up and improve or you can do
it through revenues and get bond council and bond experts to come down here and
figure out what kind of a bond issue we could issue the same way, the same logic
as the Dolphins, the same logic as that stadium. Now I know it is reasonable and
unfair, it is reasonably unfair)that a 300% is drastic, there's no question about
it and I think that we've got to figure out a way of gradually doing it and by
gradually, I don't mean over a 5 year period, Mr. Andrews, I think we're going to
have to do it on a 6 month step-up basis. I agree with the premise that we should
go for a 300% increase but I don't think that we can go for a 20% increase because
it just does not follow reason on the other side when, since 1969, when we last
had our increase, electricity alone has increased 66% according to your figures
or somebody's figures around here.
(INAUDIBLE)
Mayor Ferre: Yes, I'll use the cost of liN6nail,bsut then we've got to recuperate
what we haven't charged for everything else, een going up because for you to say
that we're going to start today with the cost of index is unreasonable. If what
we're trying to do, Al Sakolsky, is create the funds to one, improve the delapi-
dated docks and two, build more. Okay, now you say, hey, why should I pay for
your building more docks. Because somebody else paid before you to build the
docks that you're now enjoying. For the very same reason that 20 years ago you
could go out to Kendall Drive and take a section of land and chop it up and put
6 houses on an acre and have no other responsibility. No more, now you've got
to provide sites for schools, sites for churches and you've got to provide sewer
connections and you've got to provide certain anentities and the streets have to...
that's the way it is, that's the little game we're playing and when you apply that
philosophy and the Dolphin philosophy in the stadium and you want to be consistent,
then the bottom line is this: we've got to increase and we've got to increase now,
we're not going to put this off any longer. Now that's my personal opinion. Now
I'll go along with you on this and I will agree with this. I would not go up
300% right now but I would get up to 300% within a very short range period and
then I would bring down some bond council and see what it is we can do with the
revenue so that we can continue improving and building.
Mrs. Gordon: Mr. Mayor, may I bring a point to your...
/9H
JUL c
INAUDIBLE
Mayor Ferre: I meant 100%. Ohl 100, I didn't mean 300. Excuse me.
Mrs. Gordon: Mr. Mayor, may I bring the point to your attention, the bill that
congress overrode, the veto that they overrode of the - the job bill, the Public
Works Bill whick I just checked with the Manager and I believe and he believes
that there would be monies available there for this use. And if that is the case
that would afford us an opportunity perhaps of an immediate improvement. I'm not
going to be too anxious to give you a high increase until I can tell you "Yes,
I'm going to give you some real improvements." I really sincerely mean that.
Mayor Ferre: Rose, I hate to tell you but that bill won't let you do it. It is
a Public Works Bill. I'll tell you how I got into it because I called up Lawton
Chiles on that because he voted against it originally, now it is different so he
voted for it.
Mrs. Gordon: The same monies that Mr. Andrews said this morning that we could use
some of it to improve the Dinner Key Auditorium... high maintenance, high labor,
this fits that bill and we can use some of that I believe. I would like that
checked out.
Mr. Andrews: Yes. We could check it out, Mrs. Gordon. But what we'd have to be
very careful about is giving some hope that that might be used and the risk factor
is extremely high and it is worth checking out but we shouldn't depend on it.
Mrs. Gordon: Ok. That plus the possible revenue bond, those two things even if
we pass something tonight this is a first reading. It doesn't go into a second
reading until some time in September which gives you more than ample time, or Mr.
Grassie, more than ample time to have both of those things checked out. And by
the time this comes back we should have some definitive answers; how many dollars,
what kind of dollars, what they're going to cost and how much it costs to pay it
off if we have to pay it off.
Mr. Andrews: Mr. Mayor and members of the commission, let me try to summarize for
you what I think is the problem that faces you and then I think you can really
come to grips with this, Mr. Mayor, so that... Let's pare the problem down to
where it is manageable and you can begin really thinking about what has to be done
here. Our calculations, and I have no doubts about this, reveal that we will have
to have direct and indirect costs of amounting to about $420,000. Using what they
have presented in their figures and removing $70,000 in two areas, removing that,
we end up with $350,000 of basic operating costs of the marina. No improvements
nothing else, you take all of the footage at both annex and here. Well, if you
divided that out $16,500, if you divided that out you end up with 5 a square foot.
No money for any improvements... Five cents a lineal foot, excuse me.
Mayor Ferre: What are we charging now?
Mr. Andrews: We have a range of 2.8 to 6.5C on the high side. The average would
be about 4C.
Mayor Ferre: You're saying our cost is minimum 5C without ...
Mr. Andrews: Yes, if you reduce the figures that we think are needed...
Mayor Ferre: I'll put it right out the way I see this thing. Monty Trainor charges
15C. Is that right?
Mr. Andrews: Yes, sir, 13.
Mayor Ferre: And yp in Fort Lauderdale they charge 25 or 30 or whatever it is.
That's fine. Ok. Now here we're charging 212 to 6 to average 412. In my opinion
I think what we ought to do, I'm just throwing this out. I think we ought to go
up from41.1 to 71.1 right now. And I think in 6 months we ought to go up another
2 and then 2 again until we reach, and do it over a period of two years. That's
just one person's opinion, that doesn't mean anything.
INAUDIBLE
Mayor Ferre: Well, Ok, I'll tell you what. Now the other way of doing it is this;
let's go to 13 or what is your recommendation that we go to what? What would it
average out at?
Mr. Andrews: Well, Mr. Mayor, it would depend, I can give you a figure as to what
it would average out if you tell me how much money you want to try...reserve to
pay for a revenue bond issue...
/4<5
Off
Ferre:
Mr. Andrews: The figures that we're using based on 1976-77 the way we've formul-
.zed it would turn out to be 7t on the low side and 91,1 on the high side roughly.
INAUDIBLE
UNINTELLIGIBLE CONVERSATION
What is your recommendation in these figures that you've brought
Mayor Ferre: Alright, but what he's saying is the transients should be added to
the funds that will be available for whatever improvements and expansions and I
completely agree with that. And those funds shouldn't be used for anything else
but the marinas. Ok. Now, let's get back to this thing. The question is how
quickly can you expect improvements. The answer in my opinion is as soon as these
rates go in I would be for within a question of two or three months, selling the
bonds and immediately ediately starting the process of letting out the contracts for the
design and hopefully within 6 months start the improvements.
Mr. Andrews: Mr. Mayor, I don't want to throw a cloud on this, we're talking
ab".it funding the bond issue in round figures with $100,000.
Mayor Ferre: Yes, but Paul, you see look. This is exactly why I would like to do
it on a gradual basis because I think there is a valid point somewhere around here
that they shouldn't be paying for something like Joe robbie is saying that they
shouldn't be paying for something that they're not getting. That's agreed. So if
you do it on a gradual basis; you know I just threw out 3 but 2the first 6
months then a cent or two cents or what have you and then by the time you're tin-
ished with the improvements you bring it up to Monty Trainer's rates. See?
Mr. Plummer: You've got one problem, Mr. Mayor.
INTERRUPTED BY INAUDIBLE PERSON IN AUDIENCE
Mayor Ferre: Ok. So I'll tell you what, we'll take the average, you already came
up with the average and we were below the average in Dade County.... 5a foot,
Miami River?
Mr. Plummer: Mr. Mayor, may I bring a point to maybe throw some water on your formula,
and the problem here is that at Miamarina presently the average is 1211t a foot a day.
Now if you go on an increase...
INAUDIBLE
Mr. Plummer: Sir, I'm not arguing it. Now may I finish? Thank you! That if you
go and reduce it, in fact, to a flat 712 you would be reducing Miamarina.
Mr. Andrews: Well, you wouldn't apply that to Miamarina...
Mayor Ferre: We're talking about Dinner Key. Alright, yes, sir, Admiral.
INAUDIBLE
Mayor Ferre: Who is going to pay for it?
INAUDIBLE
Mayor Ferre: I have a proposal to answer that.
INAUDIBLE
Mayor Ferre: Yes, but we have been going on this round robbin for a year now. You
know Admiral, your diction and you're an erudite man but...
INAUDIBLE
Mayor Ferre: The real fact is that you've got a deal. Look, the real fact is you've
got on hell of a fine deal and I wish you could keep your fine deal but I think it
is time for us to start moving.... Alright, Admiral. Why don't you come up and do
it on the microphone so everybody can hear you, sir. I'll tell you why I'm doing
this. You see, I wasn't hear but they started out at 9:00 O'Clock this morning and
now they've been at it 14 hours and 10 minutes and I want Paul Andrews to have his
last day and go out in full glory. You notice Theodore Gibson, you know what he Cid?
He had a very valid excuse, he left. But look at what happened. He came back. Now
that's the kind of a public servant that he is. And that's the kind of a public
servant that he is and we're going to miss him. And Joe, you've got a big pair of
/q6
shoes to fill when you start sitting over in that chair. But we want him to go
out in full glory. I think this will be the longest meeting in the City of Miami
record.
Mr. Andrews: No, we had some budget meetings, Mr. Mayor, that started at 8 O'Clock
in the morning and lasted until 3:00 the following morning and had lunch at the
table.
Mayor Ferre: I wasn't there. I don't reiember that one. Well, I'm sorry we won't
let you leave with the record, Paul, we thought this is olympic time maybe you could
leave with the record.
Mr. Plummer: Yes, well the only thing he's not saying is it isn't 3:00 O'Clock yet.
Mayor Ferre: Admiral, I recognize you.
Admiral Brock: Four times, Mr. Mayor, in the last three meetings you have by infer-
ence suggested that I, as a foreigner and many others as foreigners to Miami have
been living off you. Let me put this straight for you.
Mayor Ferre: No, I didn't. I don't think I ever.
Admiral Brock: Yes, you have.
Mayor Ferre: That certainly wasn't my intention and I apologize before get started.
Admiral Brock: Alright. Then let me just make it clear to you. Four years ago I
came down here. I sold up in Canada, I have as much right to live in this country
as a permanent resident as you. I pay taxes, I pay federal taxes. I'm a property
owner in the State of Florida. I purchased my 80 foot boat in Florida and during
the last 4 years I have spent in your City of Miami well over $150,000 of my money
which I brought into this country and I haven't taken a penny out. And, sir, if you
will get your accountant to work out what the mill rate is on Ad Valorem Taxes had
I purchased a house instead of a boat here you will find that your percentage, what
comes back to you, could be calculated against school for example, for my two boys,
only one of whom is in school, neither are in school now, you will find that it
would take 64 years to make that equivalent contribution through the purchase of a
house and paying taxes than it did for the purchase of my boat. So your facts are
wrong. No, sir...
Mayor Ferre: Admiral, I don't want to argue with you aout that. But I think your
logic might be questioned.
Admiral Brock: Well, it is not. You can question it if you like, sir, but find
the facts. Secondly, I would like to put a question to you and it is this, and it
follows my earlier observation about no disagreement about the objectives to be
achieved. We're in disagreement about how we raise the money to achieve it. I
would like to ask you this question hypothetically. If it could be demonstrated
to you that by your own calculations, through your own accounting procedures that,
in fact, you have been making $640,000 on the operation of Dinner Key Marina where
costs are figured to include a fair share of fire protection, police protection and
other facilities normally accorded to citizens and landowners, would you then want
to ask for a complete re-examination of the figures that have been presented? You
see, if this could be demonstrated would you or would you not to re-examine the fig-
ures? Let me make it even easier for you. Supposing you had not been making
$100,000 a year out of this operation. Suppose you had only made $10 a year, but
none the less a profit, would you like to ask for a re-examination of the figures?
And please, sir, this is all we're asking for. It's all we want. Now I've finished.
Thank you.
Mayor Ferre: Admiral, please, I just want to tell you publically here I meant no
offense in any way at any time, and if I did touch on something which was beyond
propriety please forgive me. I didn't intend it personally. I'm sorry. It is
11:20, we've got to get on with this. Go ahead and make your statement and ...
Mr. Briggs: My name is Mr. Briggs. I live on Pier 5. We've had much discussion
tonight and it has dragged out for a long while. We have a new Manager that is
coming into existence here and God help him. I would suggest very strongly that
we are going to have another reading of this thing, have Mr. Dixon. who has spent an
enormous amount of time, the City Manager and other people corrb ine their efforts so
that we come up with something intelligent. (Continued on next page)
/117
I would hate to see a situation come into existence whether
it be the Orange Local ^r the Marinaswhere we try to make up for all our mistakes
in the past by correcting :hem today all at once and not having to have the
Orange Bowl or having the facilities that we have here at Dinner Key of any value
to this city. Now, I think we should do it intelligently, do it slowly, make a
profit but don't try to make up for all the mistakes that have taken existence
in the past. (applause)
Mayor Ferre: About the s];,vly part; we been going kin3 of slow. Sir?
But before we go any further let me tell you that Tom, I know you put an awful lot
of time and effort. I think everybody is grateful, not only the tenants and the
users but you know all of us,really. You really have put an awful lot of work and
study of your time and I think you've gotten the best attorney.--- basic points.
I do think we have to increase the rates and that's a personally opinion of mine.
Mr. Tom Dixon: In the ordinance that has been up for first reading, ok,on
page 38 they talk about the scheduling of cost. In that if you have a reconstru-
cting reserve of $110,000.00 and I think, what we can possibly say is look, will
we figure the rates when you the improvement...
Mr. Plummer:
You'll never get your bonds passed Tom.
Mr. Dixon: Well no, no, that was be a continguent requirement of the bond
issue. That is the bond issue, ok, when it finally comes to fruition would pledge
that $110,000 or whatever is necessary, ok, of the rent.
Mr. Plummer: You're really foaling yourself. Because look, you know the bond
markets... (wide gap in tape) It is not comparison to Joe Robbie, it's not a
one of you would we expect but when you go on revenue bonds we don't want you
to sign a 10 year contract that you'll pay that rent for ten (10) years. But let
me tell you the bond counsel is going to look at it. You know it and I know it.
Mr. Dixon: I want to make another suggestion then. Simply, take the four
million that you've got and I agree that's its incorrect. Give us credit for the
transient income, recalculate it and then go with those rates. Is that unreason-
able?
Mayor Ferre: Look, for you to go on any kind of a revenue bond issue you got to
have a record.
Mr. Plummer: You got to prove you don't need it.
Mr. Dixon: No, no, all I'm saying is
38. Give us credit for hundred and ...
you going to raise it , you're going to
dollars a year, ok. In other words, if
at hand. ok?
use the formula that you have on page
whatever the transient income is... are
generate one hundred and some thousand
you modify these numbers we have a solution
Mayor Ferre: Look, I go back to the very simple crux you're pay:ng(41/20,over here
you're paying(130 and I just can't accept that somewhere in the middle there's
got to be happy ground which is a helluva bargin for you and gives us the ability
with river docks and increase theca and you don't have to go that high.
Mr. Dixon: Mr. Mayor, you only need; they only requested it at 6.8 cents per
foot per day and 9.2 %. I moan that's all you requested here which covers every-
thing you need. Ok?
Mayor Ferre: And, you're complaining about that?
Mr. Dixon:
Well, of course we'll complaining. Could we do this, could we look
at this number and say look, you're looking for 6cents or 6.8 and 9.2; could we
settle at 6cents and 9 cents.
Mr. Andrews: We're mi:,sir.g the whole point Mr. Mayor. Those numbers are a result
of taking the formula and applying the 1975 cost to them.
Mr. Dixon:
No sir, that's part of the budget, if you review it.
Mr. Andrews: You take the cost of the budget and so forth and you apply that
against the formula and it produces this rat.
/91
JUL 221976
Plummer: Yea, but how much money is then delegated for an advancement?
Mr. Andrews: $110,000.0 What I'm saying is the figures that are being used now
of (6.6 and 8.9) we use that because we've taken out the $20,000 and the advertising
and telephone account. When you do that, that comes about as a result of using
figures from 1975-76 applied in this formula. See, next year they're going to be
higher and the rate will go up.
Mr. Plummer: Paul, let me ask you this The figures that you proffered here one
is improvement, the other is expansion. This does not address expansion.
Mr. Andrews: The figures I'm giving you would have produced $110,000 for improvements.
Not the expansion, no. No sir, you're trying to collect money to pay 1.3 million
dollars in improvement.
Mayor Ferre: All right, I'll recognize Mr. Ross.
Mr. Saul Ross: I get the feeling that I'm spinning my wheels. I hear the number
$126,000 as being the projected transient income and its mentioned and everybody
agrees. Well, you shake your head, but its your number Mr. Andrews.
Mr. Andrews: Sure, we know what the pension and we can estimate it. Its $35,000
Mr. Ross: I beg your pardon, because for the last six or seven years its been in
excess of $35,000 and last year I believe it was $50 odd thousand dollars ...
its never been except in the very first year it may have been $20,000 but the fact
remains you keep agreeing that what we're going to do is take that number, whatever
the projected number is and it must have a value that we can establish, a reasonable
value and its obviously not $30,000. When it $30,000 at whatever, ok, and -- but
your formula ignores that completely. So you keep talking about the formula and
the (6c and the 90 when that $100,000 doesn't show up in that at all. It seems to
me what is in order is including that as the Mayor says, make the calculation, what-
ever the number arise at we will accept, but we certainly cannot accept ignoring
whatever that number is (50,60,90 or 100) or whatever. Ignoring it completely brings
you back to formula that you're not offering to the Commission again. And, you're
ignoring and you cannot ignore $100,000 because that's the amount of money you're
talking about for replacement. One other point, you're mentioning hurricane, the
federal government comes in and pays the major part of hurricane repair. What this
fund is, is maintenance and replacement, not hurricane. The last hurricane cost
the city less than $65,000 for a tremendous amount of damage. The federal govern-
ment stood the rest of the bill. But what is in order is simply including the
numbers that we've all agreed should be included and whatever that comes out to
we'll be happy to accept, but it keeps being ignored. And, we come back to the
same formula which ignored it from the start. So, I feel I'm spinning my wheels.
Mr. Plummer: Yea, but sir,you're not addressing at all expansion.
Mr. Ross: I am addressing. Mr. Plummer.
Mr. Plummer: May I finish?
Mr. Ross: Surely.
Mr. Plummer: Thank you. Someone had to provide the money originally for you to
have a slip today. It is only fair that you should provide the money to provide
more expansion. And, that's the way the system works. Now, noone wants to speak
to expansion. Everybody says we need more boat space. But nobody wants to pay
for it. (Speaking without the microphone) We're talking about 1.3 million in
improvements.
Mr. Ross: You talked about $126,000 income that you're ignoring.
Mrs. Gordon: Mr. Mayor, can we move along? The question came up yesterday at the
workshop. Mr. Andrews, will you repeat the answer?
Mr. Andrews: Yes most certainly. We have provided for some increase with a under-
standing that we were going to resolve this aspect of the ordinance first and then
immediately go back and make the appropriate adjustments as far as the commercial.
It's a practical matter. We did not want to mix the two. There are two different
operations. We would have just compounded the problem. The problem is difficult
uei •
/Y.?
JUL 221976
o
enough to resolve with the one issue, add the commercials to it and you're going to
have conditions -d in the past. You won't solve it at all. Yes, and I
agree one affects the other. The thing that we can't seem to get across is that
we need far, far more money even through this increase to be produced to make the
improvements that we need. And, even with the commercials added if we increase
them three or four hundred percent we still won't produce the kind of money that
will get all of this one million three hundred thousand dollars in improvements in
the next six or seven years.
Mayor Ferre: All ri ht. ;_,,Lles and gentlemen it's now 11:30, so I think the
public ... we're just repeating things over and over again. If any of you have
anything new to say I'll recognize you. If you don't ... They increase the rents
that's what they do. We're going to fish or cut bait right now.
Mr. Rusty Sanderson: Resident of Dinner Key. I thin, I didn't bring into here
on this. I have the old ordinance. I don't have a copy of the new one. I assume
that its the same just removed, ok. Underneath the rates there this paragraph 'b'
which has an additional 20% added on for non -city property owners. And, I would
like Mr. Andrews to explain to us why that amount of money is prepared in there.
Mayor Ferre: I'll explain it to you. If I had written it I would have put more
in it. Because we don't want to have people in these docks that don't live in the
City of Miami. This is for us.
Mr. Sanderson: No. I live in the City of Miami.
Mayor Ferre: The City of Miami is for the people of Miami. If you want to go
... you know and I think that the people who are taxpayers in this city ought to
have a little bit of a break. It's not that we want to charge somebody else more
it's that we want to charge our people a little bit less.
Mr. Sanderson: Well, is this 20%?
Mayor Ferre: Well, if you live in Coral Gables, then you go do it in Coral Gables
or get somebody else. hey, I'm worried about the people of Miami. I don't care
about the people of Coral Gables. Then, you're get a break. You're going to pay
20% less.
Mr. Andrews: No. No sir. This is providing a person has property or domicile
in the City of Miami. If they come here from California and move in and set their
legal address up here they don't necessarily...
Mr. Sanderson: All right, Mr. Mayor, Mayor, is this 20%, that's a lot of money.
20% of your revenue, let's say there are some property owners that live here, but
the majority of the residents at Dinner Key do not own property in the City of
Miami. Ok, taxpayers. When you're talking about 20%, now is this amount oc
revenues been calculated into the formula to come up with this rate structure?
Mayor Ferre: I don't know.
Mr. Sanderson: I don't think it has. Mr. Andrews, has this 20% figure, the
revenue that, that will produce has that been calculated into your formula as
expected revenue?
Mr. Andrews: No it has not. It's part of the total money that would flow to the
fund balance and be available for increasing the reserve for improvements.
Mr. Sanderson: Ok, so you're talking about...
Mr. Andrews: So the money stays within this area. All of it stays within this
area.
Mr. Sanderson: You're adding all this extra amount of money in here for this
and your transient is all for this reserve but you got the $110,000.00 that you're
essentially doing the same thing. Ok. Thank you.
Mayor Ferre: hey, this is first reading, so actually in effect you have more than
two weeks you will have a month and a half. You got six weeks to read it and study
it and come back here and we'll go through this same thing all over again.
/-o
JUL 2 21976
We can change the numbers on second reading. All right, let's fish or cut bait.
Let's go.
Father Gibson: Mr. Mayor...
Mayor Ferre: Paul, excuse me Father. Mr. Andrews, this is first reading, isn't
it? We have a draft ordinance without any numbers is that correct?
Mr. Andrews: Correct. We're waiting for the right structure either to be applied
or the formula, one or the other.
Mayor Ferre: All right, look, let's bet going with this thing, one way or the
other, ok. And, this is first reading, is that right? It'll have a second reading
in six weeks. All right, I'm open for a motion one way or the other.
Father Gibson: Mr. Mayor, in view of the lateness of the hour and I think we've
all had an opportunity to express ourselves fully. And, in view of the fact, that
you can change these figures six weeks from today. I move that we accept the
Administration recommendation that you work with them and come back here six weeks
from now. You will have an opportunity to convince the Commission that the right
figures ought to be put in...
Mayor Ferre: All right, are we going to go on the formula or the rate? Now, you're
recommending the formula aren't you? So, that his motion speaks to the formula.
Mr. Andrews: Yes. What we had recommended was the formula. But keep in mind now
once again the formula produces $110,000 we can account on, the reserves will be a
little bit more than that because of transient and other factors. But what we're
counting on is $110,000 in reserve ...
Mayor Ferre: He wants to go for more. I might go with him. All right, is there
a second? There's a motion on the floor. Is there a second to the motion? The
motion was that we follow the Manager's recommendation and follow the formula...
Mr. Plummer: Are you open for another motion?
Mayor Ferre: No.
Mr. Plummer: Oh, I'm sorry.
Father Gibson: See, the advantage of the formula is once you adopt the formula you
would be in place each consecutive year over against the price. You'll have to
change the price each time. The formula will give you an opportunity if the cost
of operation increases the formula will be there and the cost that is the price to
you would be based on the increased cost rather than have them changed from $30.00
to $40.00, you see. In view of the fact you could change...
Mayor Ferre: Look, let's fish or cut bait. Now, there's a motion on the floor.
I'm going to call it one more time and if it doesn't get a second it dies.
Mrs. Gordon: I have to ask Commissioner Gibson a question. The formula applied
to what base rate? What are you applying it to?
Mr. Andrews: The formula, if that were adopted and the City Attorney has indicated
to me that they a substitute ordinance that was prepared on the basis of rates rather
than formula, but nevertheless the formula is based on what the budgetary requirements
are in any one year. This year we'd have to use this years budgetary requirements
which would the rate when adopted would go into effect up to October 1st. Since we
are that close to that period of time it might be wise until we adopt the ordinance
with the formula and apply the formula from the 1976-77 budget which would you'll be
adopting in September and when that's applied, plus a cost of living against the
reserve which was established would produce the total number of dollars which divided
by the number of feet would produce the rate.
Mrs. Gordon: Mr. Andrews, I'm going to tell you how I feel about it. My fellow
Commissioners and Mayor. I don't like the expression "fish or cut bait" but you
know I don't want to drown. I really would like to have figures and I would like
you to come back and tell me ---wait a minute, wait a minute, where you're going to
get the money and how money you're going to get to improve it and I'll vote for an
increase but not until then. But not until then.
JUL 221976
Mt. Andrews: A1.1 right, I'll tell you what the figures will be and it'll be very
close. It'll turn oLt be approximately (7c) on the low side and (9.3C ) on the
high side and that would produce ($110 to $120,000).
Mrs. Gordon: I'm not talking about that Mr. Andrews you misunderstood me. I know
it's late. I didn't say that. I said, where are you going to get the money and
how much money you'll going to have to do the improvements? Then we'd put an in-
crease. You tell us that in Septemcr and I'll vote for an increase. I'm not gcing
to vote for nn increase until you can tell „r' sentiently where and how much money
there will be and how much improvements are going to be done. (applause) (applause)
(applause).
Mr. Andrews: I can tell you what that is right now Mrs. Gordon. We're estimating.
All this is based on estimates anyway. It's projection. This is all a projection
just like we project for the Orange Bowl, the Marine Stadium, the Baseball Stadium,
or anywhere based on revenue verses what it cost to operate and I can tell you that
based on the 1976-77 budget it would produce about $115 to 5120,000 in revenue.
Mrs. Gordon: I know its late and you still didn't understand me.
Mayor Ferre: Well, look, Paul, what she's saying is with $110,000 in revenues, how
much of a bond issue could you float, if you were to float a bond issue to make the
improvement immediately? That's what she's saying.
Mrs. Gordon: How much money are you going to be able to get from that Public Works
— bill to apply to this project?
Mr. Andrews: Oh, I don't know.
Mrs. Gordon: I know you can't answer it tonight. That's why I'm not ready to do
anything about this tonight.
Mr. Andrews: Well, just keep in mind, just keep this in mind as you do this and
you go through this process every month that we postpone this we're in the red now
and it's going to cost somebody some money.
Mayor Ferre: I'll tell you Rose. My personal opinion is that is ---
Mrs. Gordon: Excuse re, Maurice , I just want to finish this one thought. You can't
put this in place un:ii you have a second reading anyhow. And, you want to tell me
two weeks is going to make a world of difference. Because you're talking between
the first meeting of September or the second meeting of September. If you can come
up with answers by the first meeting of September we can pass it on first reading
then and we can a second reading ---
Mayor Ferre: And, then you gotta wait 30-days into October ...
Mrs. Gordon: So what we still can't ... Maurice , let me finish please. We still
can't. Even if we pass it tonight on first reading we still have to wait 30-days
after second reading. Right? Sc the difference is only two weeks.
Mr. Andrews: No ma'am . We don't have to do that. On second reading you can pass
it as an emergency and it will be in effect. But the thing that you should be care-
ful about ...
Mrs. Gordon: Mr. Andrews, you can pass it on emergency then you can pass it in an
emergency that way too.
Mr. Andrews: No ma'am. Let's get some ground rules straighten out. You can pass
an ordinance on an emergency basis and it can become immediately affective. You can
pass it on first reading and on second reading to waive the 30-day waiting requirement
you can pss it on an emergency reading on the second reading to overcome that so you
can put it into effect.
Mrs. Gordon: What are you accompanying? Please tell me. I admit I've been here
since 8:30 this morning.
Mr. Andrews: All right. You save thirty (30) more days and now we're talking about
almost a quarter of a year if you add all of this up.
Mr. Plummer: Let me ask a question. If we were to approve your formula less improve-
ments and less expansion which would be approved in a bond issue. What will that
JUL 2 21976
increase the rates per foot, per day? That's what I'm really looking at.
Mayor Ferre: He already told you. It goes from a low of (7) to a high of (9).
Mr. Plummer: All right.
Mayor Ferre: Isn't that what you said?
Mr. Andrews: No. Let me say it again Mr. Mayor. If you, based on the 1976-77
budget which is so close at hand at the time that you'll be adopting it on second
reading. Using those figures it would require a rate at the low side of about
(7c) and on the high side about (9.3) which money would --
Mayor Ferre: That's what I just said.
Mr. Andrews: But wait a minute-- he put a qualification on it. It'll produce about
110 to $120,000 for improvements. No, but the money for the transient... all right,
then it'll produce $140,000 with --
Mayor Ferre: With which you can go to New York and borrow a million and a half
dollars in the bond market and get on with your improvements immediately.
Mr. Andrews: That's exactly right and if you're not fortunate in getting a revenue
bond, because there's no real history in this. I'm extremely doubtful that you're
going to even get anybody interested in purchasing these kind of bonds from our
history.
Mayor Ferre: Ah, come one.!
Mr. Andrews: With no history Mr. Mayor, that you still would have $120 to 140,000
dollars to provide improvements with.
Mr. Plummer: Well, Father, let me ask you since you got a motion pending. Is it
the intent of your motion Father, that we accept this formula which does not include
any improvements or any expansions. That at the time are developed for the improve-
ments and the expansion that it would be accessed against the present owners, is that
what your intent is? Thats what I want clarified. Sir, I didn't ask you. I'm not
asking you. Did you make the motion? Thank you. I asked him what the intent of
his motion was and I still ask him the same question.
Mrs. Gordon: Mr. Andrews, what are the two meeting dates, can you tell me in
September?
Mr. Andrews: Yes. September the 9th and the 23rd would be regularly scheduled
meetings.
Mrs. Gordon: If this were passed on first reading on September the 9th when your
department, Mr. Grassie would have had time to check into the sources for improvements
if we pass this on first reading on the 9th of September and pass it again on the
second reading at the second meeting of September. It would go into effect when?
Mr. Andrews: If you passed it under those conditions it would go into effect about
October the 23rd.
Mrs. Gordon: Great. Ok. If we pass it on first reading tonight and we pass it
on second reading the first meeting of September, when would it go into effect?
Mr. Andrews: Depending on how you pass it Mrs. Gordon. If it followed the same
procedure it would October the 9th, but you could pass it on second reading on an
emergency and it would go into effect on September the 9th.
Mrs. Gordon: Ok, then let's go backward. If we passed it on an emergency without
having a first reading tonight and did it at that time that couldn't be done at a
one meeting, right? You couldn't have an emergency?
Mr. Andrews: I wouldn't recommend that you do it that way.
Mrs. Gordon: Well, I wouldn't recommend it either in either case to have it an
emergency in that way.
Mr. Andrews: If you're trying to get bonding against this it would be better not
to do it that way.
Mrs. Gordon: Of course not. Mr. Mayor, Mr.Mayor, I know how anxious we all are
JUL 221976
to comvlcte this issue and get it behind us. But I think, honestly do believe that
there are too many unanswered questions and we ought to wait until the first meeting
of September. Let the !`.aaagement come back with the answers we're looking foi and
then go ahead ... I would move to defer this item.
Mayor Ferre: I'll do whatever you'all want to do I'm the most ..•
All right, now there's a motion that I assume is --
Mrs. Gordon: Well, Father's didn't get a second.
Mayor Ferre: I'll ask one last time. Is there a second to the motion? Heating
none, the motion dies. All right, now I'll recognize you for a motion.
Mrs. Gordon: Ok. I would defer this item and ask for the Management to obtain the
specific information we have requested as to sources of revenue of putting the impr-
ovements in place. And, for the formula approach based upon the figures of giving
credit for the transient income.
Mayor Ferre: All right. On that motion of deferral, is there a second on the motion?
Is there a second on the motion? Is there a second on the motion? Hearing none
it dies for lack of a second. I'm open for a motion. Please?
Mrs. Gordon: I'll take the gavel if you want to make one.
Mayor Ferre: I'll wait for a moment and if nobody makes the motion. I'll make the
motion... Are you going to make the motion or not?
Mr.Plummer: Go ahead, let me listen to yours.
NOTE: The Mayor passes the gavel to Mrs. Gordon.
Mayor Ferre: I will go back to Father Gibson's motion now that I have the opport-
unity. I move that we accept the Manager's recommendation, that we set the figures
from (7 to 9.39.) and that we accept the formula for increases the way it has been
recommended. I think that is reasonable because it is lower than competitive rates
in the vicinity and I think it also gives us the opportunity to improve. That's
my first point. My second point in that motion. (Plummer I want you to listen, you
said you wanted to hear me make a motion, now you walked away). (Now, I want you to
listen). All right, number two, that all monies received from any activities in the
Dinner Key Marina Area be specifically earmarked and not used for anything other than
Yelated activities in the Marina; and that, that fund be so earmarked and not used
anywhere else. Number three, that if a dock renter leaves his dock for a period of
time and his dock or her dock is rented to a transient user, that the days that it
is used be subtracted on a per diem basis at the rate that the permanent dock user
pays(not the transient) because a transient we get 25 a foot; permanent. Number
four, that concurrent with this that we work out a formula for presentation ct the
second reading on the 6th day of September for commercial fishermen and that it
take into account that they should pay a higher amount than a non commercial fisher-
men boat, since the commercial boats are making a profit(that's their business).
All right, that's number four. Number five, That you come back on the 6th or the
new manager comes back on the 9th, make a report to this Commission on the possib-
ilities and the figures if possible of a bond issue for the sole purpose of immed-
iately accelerating the $1,300,000.00 of improvements needed on these docks, immed-
iately,based on the projected revenues. Number six, that if the public work
funds are available for recreational facilities that we immediately earmark and
request these funds for the improvement and the expansion ...
Mrs. Gordon: Put it and/or Maurice.
Mayor Ferre: And/or-- and/or for the improvement and/or expansion and furthermore,
that concurrent with the bond issue mentioned in point number five for the existing
facilities, that the same corporation or individual also study the possibility of a
revenue bond issue for an expansion, which would be paid for by the users who will
use it. Now, I think it is patently unfair to ask the present boat slip users to
pay for an expansion in the future, which they will have no use of. I think its the
users. See, the philosophy is that the Dolphins are going to use the Orange Bowl;
they're going to pay for expansion for improvement. I think the people that are
going to use it in the future are the ones that should pay for the improvement.
Since we're not going to go to general revenue bond issue. And, with those six
points that's my motion.
Mr. Andrews: Mr. Mayor, one point of clarity. You used one area in the second
point which was 'all monies received from the Marina Area'. You didn't mean from
the entire Dinner Key complex, you meant from the Marina ...
/6-y
JUL 221976
Mayor Ferre: No, I'm talking about the Marind, the boat slip areas. In other words,
that if somebody pays r=14-1 for using the slip that, that money is used, that it
shouldn't be used for the football stadium, or the baseball stadium or any other
stadium. It gotta be used for those facilities. And, if there are any of those
monies left at the end of the year they get carried forward into the improvements.
Now, I'll tell you to go beyond that J.L. we can't .... Ok, that's my motion.
Mrs. Gordon: All right, there's a motion on the floor. Is there a second?
Father Gibson: Let me make sure I understand. When you say used for the Marine,
Mr. Mayor, you don't mean Downtown. You mean only out here.
Mayor Ferre: My motion speaks only to Dinner Key.
Mrs. Gordon: The subject matter is Dinner Key only.
Father Gibson: Right! .... Then use Dinner Key.
Mayor Ferre: I'm sorry. I'm talking about Dinner Key. I stand corrected.
Mrs. Gordon: All items listed in the motion refer to Dinner Key, only. Is there
a second to the motion?
Father Gibson: Mr. Mayor, because I want the improvements, as much as I don't
like increasing cost. Because I want the improvement, I don't want it tomorrow,
I want it now I'm going to second it.
Mrs. Gordon: All right, the motion...
Mr. Plummer: Go ahead, for discussion.
Mrs. Gordon: Oh certainly there will be discussion. Made by the Mayor and second-
ed by Commissioner Gibson. Now we're on discussion Commissioner Plummer.
Mr. Plummer: Under discussion, Mr. Mayor, for clarification . Point five, indicated
a floating of a general revenue bond.
Mayor Ferre: Oh, no. Revenue bond, not general.
Mr. Plummer: A revenue bond. Now, do I understand that is in access of the
formula?
Mayor Ferre: No. All right, there's a difference between five and six. Five speaks
to the improvements. Six speaks to the expansion. I said, in five that whatever
monies are available (he says, there's going to be $110,000, then he said maybe
$130,000) whatever it is. That's something that has to be worked out by a bond
counsel. In fact, I'll leave a name Mitchell Pet whatever the name is that
we Mitchell Pet and so-and-so to come back here and tell us exactly what kind
of monies in their opinion we could come up with based on that $110,000 estimate
that you have for more improvements.
Mr. Andrews: Mr. Mayor, I wrote down your number five. All of them, in fact very
carefully and number five you said, On September 9th, that two things would occur.
The Manager would present to you two proposals, (1) a bond issue to immediately
accelerate the 1.3 million dollars which would be a revenue bond issue and secondly
at the same time have the bond counsel determine if it would be possible to further
that revenue bond issue for expansion of future Marina facilities. And, six; six
was the one that Mrs. Gordon brought up which you included, which was a public works
to see if two things could occur. One is for the basic improvements and the other
is for expansion.
Mayor Ferre: I don't care how you juggle this thing, but the point is that we're
going to go and look into the possibility of the two full things. (1) Improvement.
(2) Expansion. And that you base the improvement on $110,000 that you estimate that
you're going to have plus public works, plus whatever else you can throw into it.
Ok, that's going to be your salad. Now, the other one over here is the steak and
the steak is going to be based on public works and revenue bond issue... if bond
counsel recommends. That's my motion.
Mr. Plummer: Let me ask two other points of clarification. Are you including an
effective date?
Mrs. Gordon: An effective date? This is the first reading.
ACS
JUL 221976
Mt. Plummer: When it going to become effective, first of October?
Mr. Andrews: What's happening here is...
Mrs. Gordon: You can't have an effective date until you have a second reading. 11
Mr. Andrews: Yea, what's happening here now. You'll adopt a motion if it is
adopted and on September 9th, we'll be presenting you with a ordinance on first
reading, the second reading would take place the meeting in September and if you
adopt,that on emergency ordinance basis or you could make it become effective on
October 1st.
Mr. Plummer: Ok. It's a fiscal year.
Mrs. Gordon: Wait a minute. Say that again Mr. Andrews.
Mr. Andrews: You could base it, the second reading in September
of September.
Mrs. Gordon: What are we doing tonight?
on the 23rd
Mr. Andrews: You're passing a motion.
Mrs. Gordon: Oh.
Mayor Ferre: We got a long way to go. A long way to go baby.
Mr. Andrews: You're passing a motion now. We have to reconstruct the ordinance
to have it available on September 9th, the first reading.
Mr. Plummer: The last point of clarification Mr. Mayor. Are we going to deal with
Miamarina separately?
Mayor Ferre: Yes.
Mr. Plummer: Ok. Fine.
Mayor Ferre: Ok. This is just Dinner Key.
Mrs. Gordon: All right. A motion been seconded. Discussion. There's a hand
up.
Mayor Ferre: The public hearing is closed.
Mrs. Gordon: I know but let's see what the lady has to say. (Inaudible)
Mayor Ferre: Well, I'll tell you how you do it. You do it on a revolving basis.
So it's fair and square.
Mrs. Gordon: It could be worked out. That's a detail that could oe arranged.
I want to simply say that I'm going to vote with the motion. Because we have to
take a step forward in trying to bring about improvements to the Marine area and
this is a motion. It's not a first reading. It delineates the idea that we have
in mind. And, when it comes to us for first reading, hopeful we will have some
affirmative answers on the funding for the improvement and then I will feel very
good about being able to vote for an increase. Otherwise, I don't think I'll
feel very good about it. So, I'm going to vote with the motion. Will you call
the roll please sir?
The following motion was introduced by Mayor Maurice A. Ferre who
moved its adoption:
/S6
JUL 221976
MOTION NO. 76-766
A MOTION TO ACCEPT THE CITY MANAGER'S RECOMMENDATION TO INCREASE
RATES AT THE DINNER KEY MARINA FROM 7% TO 9.3%, AND ACCEPTING
THE FORMULA FOR INCREASES AS RECOMMENDED; THAT ALL MONEYS REC-
EIVED FROM ANY ACTIVITIES IN THE DINNER KEY MARINA BE SPECIFIC-
ALLY EARMARKED AND NOT USED FOR ANYTHING OTHER THAN RELATED
ACTIVITIES IN THE MARINA AREA; THAT IF A DOCK RENTER LEAVES HIS
SLIP FOR A PERIOD OF TIME AND THAT SLIP IS RENTED TO A TRANSIENT
USER, THAT THE DAYS IT IS USED BE SUBTRACTED ON A PER DIEM BASIS
AT THE RATE THE PERMANENT DOCK USER PAYS; THAT CONCURRENT WITH
THIS A FORMULA BE ESTABLISHED AND SUBMITTED TO THE CITY COMM-
ISSION ON SEPTEMBER 9, 1976 FOR RATES FOR COMMERCIAL FISHERMEN
WHO SHOULD PAY A HIGHER AMOUNT THAN NON COMMERCIAL BOATS; THAT
A REPORT BE SUBMITTED BY THE CITY MANAGER TO THE CITY COMMISSION
ON SEPTEMBER 9, 1976 ON THE POSSIBILITY, WITH NUMERICAL DATA IF
POSSIBLE, OF ISSUING BONDS FOR THE SOLE PURPOSE OF IMMEDIATELY
ACCELERATING THE $1,300,000.00 IN NEEDED IMPROVEMENTS FOR SAID
DINNER KEY DOCKS; THAT IF FEDERAL PUBLIC WORKS FUNDS ARE AVAIL-
ABLE FOR RECREATIONAL FACILITIES THE CITY OF MIAMI IMMEDIATELY
EARMARK AND REQUEST SAID FUNDS FOR THE IMPROVEMENT AND/OR EXPAN-
SION OF THE DINNER KEY MARINA; THAT CONCURRENT WITH THE AFORE-
MENTIONED BOND ISSUE A STUDY ALSO BE MADE OF THE POSSIBILITY OF
A REVENUE BOND ISSUE FOR ENLARGEMENT OF THE DINNER KEY MARINA,
TO BE PAID FOR THE USERS.
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.
INCREASE RATES FOR USE OF MIAMARINA
105, MOTION OF INTENT: 10% ACCROSS THE BOARD
Mr. Plummer: Mr. Mayor, I make a motion at this time that the rates at Miamarina,
which is a separate item be increase 10% across the board. (repeated).
Mayor Ferre: All right, is there a second? All right there's a motion and a
second . Further discussion? Anybody wants any of this public hearing on this
item? Gibson seconded the motion. Before this becomes law we have to go through
this two more times. You get all your people back here and I'll recognize them
all again. There's a motion and a second. Is there further discussion. Ca11
the roll.
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 76-767
A MOTION OF INTENT TO INCREASE DOCKAGE RATES AT THE MIAMARINA
10% ACROSS THE BOARD.
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: Nona,
ACT
III0111111111.1V1!!!'P'9I11 !III!!II IIUIP
JUL 221976
MIAMI DOLPHINS -2 EXHIBITION GAMES IN THE
Ivu, PREPARED RESOLUTION; BLJTNPERCENTAWE TOF UT
THEGSAME AS
FINALLY AGREED FOR LONG TERM USE
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 76-768
A RESOLUTION AUTHORIZING THE MIAMI DOLPHINS TO PLAY
THE TWO EXHIBITION GAMES SCHEDULED IN THE ORANGE
BOWL STADIUM WITHOUT THE PAYMENT OF ANY FEE AT THE
TIME OF THE PLAYING OF THE GAMES AND THAT THE AMOUNT
OF SUCH FEE SHALL BE THE SAME PERCENTAGE AS WILL BE
NEGOTIATED IN A LONG TERM AGREEMENT WHICH IS TO BE
CONSUMMATED BETWEEN THE CITY OF MIAMI AND THE MIAM:I
DOLPHINS NOT LATER THAN SEPTEMBER 9, 1976; PAYMENT
FOR THESE TWO GAMES SHALL BE MADE TO THE CITY OF
MIAMI AT THE TIME OF THE SIGNING OF THE LONG TERM
AGREEMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk)
Upon being seconded by Vice Mayor, Gordon, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
107, DECLARE H. D. SOUTHERN DAY IN MIAMI
IN HONOR OF RETIRING
CITY CLERK
Mayor Ferre: Whereas, Houston D. Southern has contributed 27 years of
distinguished service to the City of Miami beginning on July of 49 as Steno
Clerk II arising to Assistant City Clerk, July of 1953 and was appointed in
June, 71 as City Clerk. And whereas, the City Clerk's Office under the guid-
ance and supervision of Mr. Southern is the focal point of extremely significant
responsibility such as the accurate keeping of the Minutes of the City Commission
Meeting; the cataloging and indexing of these minutes so that any portion of
them is easily available for ready reference and recording verbatim transcripts
of all City Commission Meetings. And, whereas Mr. Southern in addiUon to his
many duties also serves as the Supervisor of Municipal Elections; be they for
public office or related to bond elections, and charter amendment elections.
And, whereas Houston D. Southern,only the fourth City Clerk in the history of
the City of Miami since it was incorporated in 1896 is concluding his exceptional
career of public service for the City of Miami on July 22, 1976, which is today.
Now, therefore, ',Maurice Ferre as the Mayor of the City of Miami, Florida do
hereby proclaim this day, Thursday, July 22, 1976 as HOUSTON D. SOUTHERN DAY in
Miami and in observance thereof. That's yesterday. (laughter). And, in observance
thereof I call upon the people of Miami to join with me in congratulating
Houston D. Southern on the highly exemplary degree in which he has conducted the
numerous responsibilities of the Office of City Clerk and for the dedication and
loyalty demonstrated during his 27 years with the City of Miami and we all wish
him well in all of his future endeavors. Hoot, best wishes to you. (applause)
(applause).
/59
JUL 221976
ADJOURNMENT
There being no
on motion duly made
12:05 O'Clock P. M.
ATTEST: H. D. SOUTHERN
City Clerk
RALPH G. ONGIE
Assistant City Clerk
further business to come before the City Commissi0h,
and seconded, the meeting was adjourned at:
MAURICE A. FERRE
Mayor
JUL 221976
ITEM NO.
10
11
12
CITV OF MIAMI
OCUM
DOCUMENT IDENTIFICATION
COMMISSION AGENDA AND CITY CLr RN REPORT
ACCEPTING THE COMPLETED CONSTRUCTION OF TILE
BREWER COMPANY OF FLORIDA, INC. FOR TIIE CON-
STRUCTION OF FASHION HIGHWAY IMPROVEMENT H-
4381 BID "A"
ACCEPTING TIIE COMPLETED CONSTRUCTION OF INTER -
COUNTY CONSTRUCTION CORPORATION FOR THE CON-
STRUCTION OF LIBERTY SANITARY SEWER IMPROVE-
MENT PHASE II-SR-5377 C
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE ORANGE BOWL COMMITTEE FOR
THE STAGING OF THE ANNYAL ORANGE BOWL CLASSIC
WITHIN THE MIAMI ORANGE BOWL MEMORIAL STADIUM
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE ORANGE BOWL COMMITTEE FOR
THE STAGING OF THE ANNUAL ORANGE BOWL PARADE.
AUTHORIZING TIIE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE ORANGE BOWL COMMITTEE FOR
THE LEASE OF CERTAIN OFFICE AND STORAGE SPACE
WITHIN THE MIAMI ORANGE BOWL MEMORIAL STADIUM
APPOINTING DANIEL K. BILL TO A 4-YEAR TERM AS
A BOARD MEMBER OF THE DOWNTOWN DEVELOPMENT
AUTHORITY, EFFECTIVE JULY 1, 1976
ACCEPTING TIIE COMPLETED WORK PERFORMED BY
PRESCRIPTION ATHLETIC TURF, INC. AT A TOTAL
COST OF $244,500
ACCEPTING THE COMPLETED CONSTRUCTION WORK
PERFORMED BY MARKS BROTHERS COMPANY AT A
TOTAL COST OF $71,086
ACCEPTING THE COMPLETED LANDSCAPING WORK PER-
FnRMED BY TIIE MARKS BROTHERS COMPANY AT A
TOTAL COST OF $90,530,20.
Ac:,CEPTING THE COMPLETED WORK PERFORMED BY
HOLLAND PAVING CO., INC. AT A TOTAL COST OF
$47,633.79
ACCEPTING THE COMPLETED CONSTRUCTION WORK OF
D.M.P. CORPORATION FOR THE WYNWOOD SANITARY
S1W'IR MODIFICATIONS SR-5418 AT A TOTAL COST
OF $34,701.24.
ACCEPTING TIIE COMPLETED WORK OF C.A. DAVIS,
INC. FOR THE PARKS HARD SURFACE COURTS-1974
AT A TOTAL COST OF $185,234; ASSESSING
$1,440 AS LIQUIDATED DAMAGES FOR OVERRUN OF
CONTRACT TIME.
T
MEETING DATE:
July 22, 1976
ACTION
R-76-683
R-76-684
R-76-685
R-76-686
R-76-687
R-76-688
R-76-689
R-76-690
R-76-691
R-76-692
R-76-693
R-76-694
CODE NO.
0108
76-683
76-684
76-685
76-686
76-687
76-688
76-689
76-690
76-691
76-692
76-693
76-694
14
1.6
17
1 '3
2(1
2I
24
ACCEPTIN(; A DEED OF DEDICATION FOR SITE 32113
NDP 3 CENTRAL MIAMI, FLORIDA A-1, FROM DADE
COUNTY, FOR TIIE EXPANSION OF DIXIE PARK.
GRANTING FREE USE OF THE MARINE STADIUM BY TILE
MARINE COUNCIL OF GREATER MIAMI ON SATURDAY,
JULY 31, 1976
GRANTING USE OF THE MIAMI STADIUM BY MIAMI
DADE COMMUNITY COLLEGE DOWNTOWN CAMPUS, FOR
THE PURPOSE OF CONDUCTING ITS BASEBALL PRAC-
TICE SESSIONS FROM SEPTEMBER 7, 1976 THROUGH
DECEMBER 3, 1976
GRANTING THE REQUEST AS PER ORDINANCE NO. 6871
ARTICLE IV, SECTION 36 (2), FOR THE USE OF A
PORTION OF TIIE STRUCTURE LOCATED ON TRACTS A
B, DELAWARE PARK SECTION 1
AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO THE BUREAU OF CRIMINAL
JUSTICE PLANNING AND ASSIS'I'AN(2E, DIVISON OF
STATE PLANNING, FOR FUNDING OF THE VIDEO
STAFFING AND RELATED EQUIPMENT PROJECT.
AUTHORIZING T[IE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO TIIE BUREAU OF CRIMINAL
JUSTICE PLANNING AND ASSISTANCE, DIVISION OF
STATE PLANNING, DEPARTMENT OF ADMINISTRATION
FOR FUNDING OF THE JUVENILE OFFENDER DIVER-
SIONARY PROJECT.
AUTHORIZING TIIE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO THE BUREAU OF CRIMINAL
JUSTICE PLANNING AND ASSISTANCE DIVISION OF
STATE PLANNING, DEPARTMENT OF ADMINISTRATION,
STATE OF FLORIDA, FOR FUNDING OF THE POLICE
NEIGHBORHOOD SPECIALIST PROJECT.
CONFIRMING AND RATIFYING THE ACTION OF THE
CITY MANAGER IN ISSUING EMERGENCY PURCHASE
ORDERS TO INTERCOUNTY CONSTRUCTION CORPORA-
TION IN THE TOTAL AMOUNT OF $7,171
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH METROPOLITAN DADE COUNTY
THROUGH THE MANPOWER 1'LANN I NG CONSHR'I' I UM ()F
DADE AND MOROE COUNTIES FOR IMPLEMENTATION OFF
THE CITY'S CAREER DEVELOPMENT PROGRAM.
AUTHHORIZING THE CITY MANAGER TO EXECUTE A
QUIT CLAIM DEED CONVEYING TO MANUEL SANCHEZ
AND DIRIAN D. SANCHEZ, HIS WIFE, THE SOUTH
7.50 FEET OF LOT 3, BLOCK 31, OF IDLEWILD
PARK.
AUTHORIZING TIIE CITY CLERK TO PUBLISH A
NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO
THE ACCEPTANCE BY THE CITY COMMISSION OF THE
('OMPLETED CONSTRUCTION OF N.E. 59 STREET
HIGHWAY IMPROVEMENT II-4392 (BID A)
R-76-695
R-76-697
R-76-698
R-76-700
R-76-703
R-76-704
R-76-705
R-76-706
R-76-707
R-76-708
R-76-709
IEvM..
I CODE N_O, __
76-695
76-697
76-698
76-700
76-703
76-704
76-705
76-706
76-707
76-'708
76-709
ocM EN 11 N
T40.1 DOCUMENT IDENTIFICATION
25
26
27
28
29
30
31
32
33
34
3G
WAIVING THE REQUI"I;'lI;NT OF THE CONTRACT DOCU-
MENT OF TIIE CONTRACT DOCUMENTS FOR TIIE N.E.
83 STREET PAVING PROJECT WIIICII REQUIRE THAT A
FINANCIAL RATING OF A+AAA BE POSSESSED BY THE
INSURANCE CARRIER ISSUING TIIE PERFORMANCE BOND
WAIVING TIIE REQUIREMENT OF THE CONTRACT DOCU-
MENTS FOR THE CONVENTION CENTER- BUILDINGS
DEMOLITION -1976 WIHICH REQUIRE THAT A FINAN-
CIAL RATING OF A+AAA BE POSSESSED BY THE IN-
SURANCE CARRIER ISSUING TIIE PERFORMANCE BOND
ACCEPTING TIIE BID OF GARCIA EQUIPMENT CORPORA-
TION IN THE AMOUNT OF $5,700 FOR THE CONVEN-
TION CENTER -BUILDINGS DEMOLITION-1976
ACCEPTING TIIE BID OF METRO CONTRACTORS CO.,
INC. IN THE AMOUNT OF $7,774 FOR N.E. 83
STREET PAVING PROJECT B-4397 (2ND BIDDING)
ALLOCATING THE AMOUNT OF $2,332 FROM THE AC-
COUNT ENTITLED "HIGIHWAY BOND FUNDS" TO COVER
THE BALANCE OF CONTRACT COST.
ACCEPTING THE BID OF DICK MORTON, INC. IN TIIE
AMOUNT OF $43,557.82 FOR DRAINAGE PROJECT A-
6
ACCEPTING THE BID OF C.A. DAVIS, INC. IN TIIE
AMOUNT OF $146,200 FOR THE CONSTRUCTION OF
46 WEST FLAGLER MINI -PARK
AWARDING TIIE BID OF WEBB GENERAL CONTRACTING,
INC. IN TIIE AMOUNT OF $185.698.00 FOR VELOD-
ROME-1976 (2ND BIDDING)
ACCEPTING TIIE BID OF ORLANDO MENDEZ, INC. IN
TIIE AMOUNT OF $116,900 FOR WAINWRIGHT PARK-
DEVELOPMENT-1976
ACCEPTING TIIE BID OF COLONIAL DODGE, INC. FOR
F'URNISHING THE DEPARTMENT OF PUBLIC PROPER-
TIES WIT11 TWO DODGE DARTS AT A TOTAL COST OF
$7,318.82
ACCI:;PTING THE BID OF GMC TRUCK & COACH DIVI-
SION FOR FURNISHING THE FIRE DEPARTMENT WITH
A ONE TON CAB CHASSIS WITH STAKE BODY TRUCK,
AT A TOTAL COST OF $7, 158. 25
ACCEPTING THE BID OF MAKO ENGINEERING FOR
FURNISHING TIIE FIRE DEPARTMENT WITH ONE MO-
BILE RESPIRATORY AIR TRUCK AT A TOTAL COST OF
$72, 702
ACCEPTING THE BID RECEIVED FROM NINETEEN (19)
SUPPIERS OF VEHICLE PARTS AND ACCESSORIES
FOR FURNISHING VEHICLE PARTS AND ACCESSORIES
FOR USE BY THE DEPARTMENT OF PUBLIC PROPER-
TIES.
tOHMISSION I RETRIEVAL
_ CODE N1 .
R-76-710
R-76-713
R-76-714
R-76-715
R-76-716
R-76-717
76-710
76-711
76-712
76-713
76-714
76-715
76-716
76-717 L-
76-718
76-719
76-720
76-721
TDM NO.
37
38
39
40
41
42
4
44
i F)
;7
4
ACCEPTING THE FOLL(TWENG BIDS FOR FURNISHING
THE DEPARTMENT OF PUBLIC PROPERTIES WITH RIGIFf
OF WAY EQUIPMENT.
ACCEPTING THE BID RECEIVED FROM BISCAYNE FIRE
EQUIPMENT CO., INC., FOR FURNISHING FIRE HOSE
FOR THE FIRE DEPARTMENT AT A TOTAL COST OF
$17,834.00
ACCEPTING THE BID OF STEEL FABRICATORS, INC.
FOR FURNISI{ING THE DEPARTMENT OF PARKS AND
RECREATION WITH 100 ASBESTOS CEMENT PLANTERS
AT A TOTAL COST OF $14,484
ACCEPTING THE BID OF CENTRAL OIL ASPHALT
CORPORATION FOR FURNISHING THE DEPARTMENT OF
PUBLIC WORKS WITH EMULSIFIED ASPHALT, AS
NEEDED, ON A CONTRACT BASIS.
ACCEPTING THE BID OF JULES BROTHERS UNIFORMS
FOR FURNISHING VARIOUS CITY DEPARTMENTS WITH
WORK UNIFORMS, AS REQUIRED, AT A UNIT COST,
FOR ONE YEAR FRC)M DATE HEREOF.
ACCEPTING THE FOLLOWING BIDS FOR FURNISHING
THE BUILDING DEPARTMENT WITH MICROFILM EQ(JIP-
MENT AND SUPPLIES AND REPRODUCTION EQUIPMENT
AND SUPPLIES.
ACCEPTING BIDS FOR FURNISHING IRRIGATION SY-
STEM SUPPLIES FOR FERN ISLE PARK FROM A&B
PIPE AND SUPPLY COMPANY FOR PIPE FITTINGS AT
A COST OF $6,544.07
ALLOCATING THE SUM OF $50,000 FROM THE
CAPITAL IMPROVEMENT FUND -UNALLOCATED FUNDS
EXPRESSING THE DESIRE OF THE CITY COMMISSION
TO ASSIST THE INTERNATIONAL CONVENTION OF
LATIN AMERICAN BANKERS.
A:UTIIORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICE AGREEMENT WITH THE FIRM
OF PEAT, MARWICK, MITCHELL & COMPANY, CER-
TIFIED PUBLIC ACCOUNTANTS, FOR THE PURPOSE OF
CONDUCTING TIIE AUDIT OF BOOKS, ACCOUNTING
RECORDS AND FINANCES OF THE CITY OF MIAMI.
A[1THORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH DR. ERNEST R. BARTLEY AND BAIR,
ABERNATI{Y AND ASSOCIATES FOR PROFESSIONAL
CONSULTING SERVICES, IN CONNECTION WITH THE
REVISION OF THE CITY'S COMPREHENSIVE ZONING
ORDINANCE.
GRANTING A ONE YEAR EXTENSION OF THE VARI-
ANCE AS PROVIDED IN THE COMPREHENSIVE
ZONING ORDINANCE NO. 6871, ARTICLE XVII, SEC-
TION 4, TO PERMIT CONSTRUCTION OF BUILDING
FOR AUTOMOBILE DEALERSHIP ON LOT 12, 13, 25,
AND 26, BLOCK 14, OVERBROOK PARK.
R-76-722
R-76-723
R-76-724
R-76-725
R-76-726
R-76-727
R-76-728
R-76-731
R-76-732
R-76-733
R-76-734
R-767-73
x
PETRIEVAL
ND
76-722
76-723
76-724
76-725
76-726
76-727
76-728
76-731
76-732
76-733
76-734
76-735
u
C
TEM NO. DOCUMENT IDENTIFICATION
49
50
51
52
53
54
55
- 56
57
58
59
GRANTING A ONE YEAR EXTENSION OF THE CONDI-
TIONAL USE AS PROVIDED IN THE COMPREHENSIVE
ZONING ORDINANCE NO. 6871, ARTICLE V, SECTION
1 (6) (b), TO PERMIT USE OF LOTS 11 AND 24,
BLOCK 14, OVERBROOK PARK.
ACCEPTING FROM TIIE GOVERNMENT OF CHILE A
I3RONZE STATUE OF BERNARDO O'HIGGINS, TO BE
PLACED AT BAYFRONT PARK ON SEPTEMBER 18, 1976.
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH NORA SWAN RETAINING HER CONSUL-
TANT SERVICES AS AN ADVISOR AND COORDINATOR
IN CONNECTION WITH THE CITY OF MIAMI BICENTEN-
NIAL CELEBRATIONS.
AUTHORIZING AND APPROVING ALLOCATION OF FUNDS
FROM UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR FUNDING OF SOCIAL SER-
VICE PROGRAMS
DENYING A "CONDITIONAL USE" AS PROVIDED IN
ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6)
(b), TO PERMIT USE OF LOTS A, 6, 7, 8, BLOCK
21, FOW HOMESTEAD AMD.
DENYING A VARIANCE FROM ORDINANCE NO. 6871,
ARTICLE XXIII, SECTION 4, TO PERMIT CONSTRUC-
TION OF A BURGER KING RESTAURANT ON LOTS B,
9, 10, 11 , 12 , I3LOCK 21, FROW HOMESTEAD AMD
WAIVING THE USE FEE FOR DIXIE PARK ON JULY
23, 1976, IN CONNECTION WITH ACTIVITIES
SPONSORED BY THE CULTURAL ADVISORY COUNCIL OF
OVERTOWN.
APPOINTING COMMISSIONER MANOLO REBOSO TO
SERVE AS CHAIRMAN OF THE CITY OF MIAMI GOLDEN
BOXING STEERING COMMITTEE TO FILL THE VACANCY
CREATED BY THE RESIGNATION OF COMMISSIONER
J.L. PLUMMER, JR.
APPOINTING AND ELECTING RALPH G. ONGIE AS
CITY CLERK OF THE CITY OF MAIMI, EFFECTIVE
5:01 P.M. JULY 30, 1976, TO SERVE FOR THE UN-
EXI'IRED TERM OF H.D. SOUTHERN
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
MRS. FIANCISCO DUARTE, WITHOUT THE ADMISSION
OF LIABILITY, THE SUM OF $1,000.00 IN FULL
AND COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST
THE CITY OF MIAMI.
AUTHORIZING TIIE DIRECTOR OF FINANCE TO PAY TO
LOUISE WILSON, WITHOUT THE ADMISSION OF LIA-
BILITY, THE SUM OF $2 , 500 . 00 IN FULL AND COM-
PLETE SETTLEMENT OF HER CLAIM AGAINST THE
CITY OF MIAMI FOR PERSONAL INJURIES SUFFERED
ON THE NIGHT OF JANUARY 28, 1974.
Co)-wl, ss N
ACTION
R-76-736
R-76-738
R-76-739
R-76-740
R-76-741
R-76-742
R-76-743
R-76-744
R-76-745
R-76-746
R-76-747
RE'Tr EVAE
76-736
76-738
76-739
76-740
76-741
76-742
76-743
76-744
76-745
76-746
76-747
TDi NO.
60
61
62
63
64
65
66
67
68
ocuM EN.TI N DES
DOCUMENT IDEPITIFICATION
AUTHORIZING TIIE DIRECTOR OF FINANCE TO ACCEPT
TIIE SUM OF $750.00 IN FULL AND COMPLETE SETTLE
MENT IN A CROSS -CLAIM FILED BY TIIE CITY OF
MIAMI AGAINST T.V. SCOTT AND ALLSTAR INSURANCE
CORPORATION .
AUTHORIZING TIIE CITY MANAGER TO COMMENCE NEGO-
TIATIONS WITH BAYSHORE PROPERTIES, INC. FOR
TIIE LEASE AND REDVELOPMENT OF THE PROPERTY
COMMONLY KNOWN AS THE COCONUT GROVE MARINA
AUTHORIZING TIIE CITY MANAGER TO COMMENCE NEGO-
TIATIONS WITH BAYSHORE PROPERTIES, INC. AND
0.B. MILEY, II CONCERNING TIIE ACOUISITION,
LEASE AND REDVELOPMENT OF TIIE PROPERTY KNOWN
AS THE MILEY PROPERTY
AUTHORIZING TIIE CITY MANAGER TO EXECUTE A
RELEASE OF THE UNITY OF TITLE PROVISION CON-
TAINED IN THE JUNE 19, 1969 DEED ISSUED BY TIIE
CITY OF MAIMI AS GRANTOR TO THOMAS G. MUMFORD
AWARDING THE BID OF D.M.P. CORPORATION IN TIIE
AMOUNT OF $136,992 FOR THE CONSTRUCTION OF
S.W. 22 STREET HIIGHWAY IMPROVEMENT PHASE II-
II-4395.
AWARDING THE BID OF T&N CONSTRUCTION CO., INC.
IN TIIE AMOUNT OF $54 , 074 . 04 FOR TIIE CONSTRUC-
TION OF S.W. 22 STREET IIIGIIWAY IMPROVEMENT
PHIASE II-II-4395 BID "B" .
AUTHORIZING THE CITY MANAGER TO TRANSFER
$1,000 FROM THE CONTINGENT FUND TO TIIE APPRO-
PRIATE ACCOUNT TO REIMBURSE BOBBY DYKES AND
ALVIN GOODMAN, EQUALLY FOR THEIR TRAVEL, FOOD
AND LODGING EXPENSES
AUTHORIZING TIIE MIAMI DOLPHINS TO PAY THE TWO
EXHIBITION GAMES SCHEDULED IN THE ORANGE BOWL
STADIUM WITIHOUT TIIE PAYMENT OF ANY FEE AT THE
TIME OF TIIE PLAYING OF TIIE GAMES.
REPEALING CHAPTER 50 OF TIIE CODE OF TIIE CITY
OF MIAMI, ENTITLED "SHIPPING VESSELS AND
DOCKS", IN ITS ENTIRETY.
alt1 I 5 S i 6 N
ACTION -_
R-76-748
R-76-749
R-76-750
R-76-751
R-76-754
R-76-755
R-76-759
R-76-768
RETRIEVE
CODE_ ND
76-748
76-749
76-750
76-751
76-754
76-755
76-759
76-768
0109