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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 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 16. 19. 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 4rll�il !DIRII�PII6�RIR'1Ih ill 1911�R111I1011' 1111111111111 111 1111Ali#IIPIIpiAIPI1 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 -I 1111111111111111 ! p11111111g1p11',I111 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. Ilpllllllll lAill'1IIIlIII "!fill All' lilAl IIg1,ll!! 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 'Fflifimiln.npFlcipglpopBq PY3 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