HomeMy WebLinkAboutCC 1976-10-14 Minutes4
ITY OF MIAMI
op
1TED
18 'a 96
SPECIAL
COMMISSION,
MINUTES.
October 14, 1976
OF MEETING HELD ON
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLEW(
ITEM NO,
1
20,
21,
22,
23,
24,
25.
26,
tND
iffickintEgoiLva
PROTEST PTOPOSED CONSTRUCTION OF AMTRAK TERMINAL
IN OUTLYING AREA :
LAWSUIT BY CIVIL SERVICE BOARD- AGAINST MAYOR
AND COMMISSIONERS,CITY MGT. AND CITY ATTY:
INSTRUCT CITY MANAGER TO DESIGNATE REPRESENTATIVE
AT MEETINGS OF BOARD OF EQUALIZATION:
COMMUNITY FOR CONCERNED PEOPLE -DISCUSSION:
SOUTHERN BELL FRANCHISE -MOTION TO ACCPT. AGMT:
HEARING -DINNER KEY EXPOSITION HALL-ACCPTG PLAN:
GROVE KEY MARINA, INC. PROPOSED RESTAURANT FACILITY:
THIRD YEAR COMMUNITY DEVELOPMENT PROGRAMS:
ALCOHOLIC DETOXIFICATION SERVICES TO CITY OF MIAMI:
ORANGE BOWL FEES - EMERGENCY ORDINANCE:
PROCLAMATION, PLAQUES, CERTIFICATES OF APPRECIATION
AND SPECIAL ITEMS:
WAIVE RENTAL FEES FOR USE OF WATSON ISLAND -
VINTAGE AUTOMOBILE CLUB OF AMERICA:
PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION
AND SPECIAL ITEMS (CONTINUED)
DOWNTOWN DEVELOPMENT AUTH. APPROPRIATION ORD.
" MILLAGE ORD.
PERSONAL APPEARANCES -CIVIL SERVICE BOARD
REGARDING LAWSUIT:
CONFIRMING HAMMOCK SANITARY SEWER IMPROVEMENTS:
ACCEPT. COMPLETED WORK-H-4361:
SR-5411-S - CONFIRMING ORDERING
APPRO. $3,000. TO DOWNTOWN SENIOR CITIZENS
COMMUNITY CENTER INCORPORATED:
PENSION EMOLLUMENTS FOR CITY MANAGER:
DELETE CHAPTER 12 OF CODE:
CIVIL SERVICE BOARD - LAWSUIT - CONTINUED DISCUSSIOD
ALCOHOLIC BEVERAGES -HOURS OF SALES -HEARING
I.D. CARDS FOR NIGHTCLUB EMPLOYEE -
APPOINTING GEORGE F. KNOX, CITY ATTORNEY
ACPTG COMP.WORK-POLICE HEADQUARTERS BLDG,
M-76-879
M-76-880
M-76-881
M-76-882
M-76-883
M-76-884
M-76-885
M-76-886
M-76-887
M-76-888
8579
M-76-889
8580
8581
R-76-890
R-76-891
R-76-892
PAGE NO,
1-2
3-7
7-8
8
8-20
20-39
40-50
50-61
61-67
68-71
71-72
72
73
73-74
74-75
75-76
76-77
77
78
8582 78-79
8583 79-80
8584 80
M-76-893 81--103
M-76-894 104--129
M-76-895
M-76-896
M-76-897
M-76-898 129--131
R-76-899 j 131--135
R-76-900 1 136
pase
Iftluiramir
ITEM No,
27.
28.
29.
30.
31.
32.
.
36.
37.
38.
39.
40.
41.
42.
43.
44
45.
46.
47.
48.
49.
50,
51.
52,
lNDEY
cut) SSIoh�IOStllA
SUBJECT
AIR CONDITIONING MAINTENANCE -POLICE DEPARTMENT:
ACPTG. COMP. WORK -PARKING GARAGE -POLICE DEPT.:
RELOCATE UNEXPENDED FUNDS -FOR CONSTRUCTION OF
MIAMI POLICE DEPT.
WAIVE RENTAL FEE FOR USE OF MIAMI PEDIATRIC CARE
CENTER (BENEFIT CONCERT)
CARNIVAL PERMIT -CENTRAL SHOPPING PLAZA:
APPROVE REQUEST FOR CARNIVAL PERMIT- MAHI SHRINE
CIRCUS:
APPROVE REQUEST FOR CARNIVAL PERMIT-ST. DOMINIC'S
CHURCH:
FLORIDA BANDMASTERSUSE OF ORANGE BOWL STADIUM:
FINGERPRINTING AND PHOTOGRAPHING EMPLOYEES OF
NIGHTCLUBS- REPEAL SEC. 3-48 thru 3-50 CODE:
CITIZENS FOR BETTER COMMUNITIES -DISCUSSION :
ESTABLISH TREE BANK -REPLACE ROYAL POINCIANA TREES:
BUILDING PERMITS HELD IN ABEYANCE UNTIL APPROVAL
OF PLATS: M-76-912
PELICAN HARBOR NO. 1 - APPROVE PLAT: R-76-913
POIN SUBDIVISION -PLAT ACCEPTANCE: R-76-914
SUPPORT ESTABLISHMENTS OF NATIONAL SOLAR ENERGY
RESEARCH INSTITUTE: R-76-915
AUTHORIZE AGMT.-CITY PUBLIC SERVICE EMPLOYMENT
PROGRAM- METRO: R-76-916
IN -SCHOOL YOUTH PROGRAM-AUTH. AGMT WITH METRO: R-76-917
SUMMER TEEN EMPLOYMENT PROGRAM-AGMT WITH METRO: R-76-918
FEDERAL AND STATE GRANTS-AUTH. CITY MANAGER SUBMIT
APPLICATIONS: R-76-919
VIRGINIA KEY FILL-AUTH. INCREASE SCOPE OF WORK: R-76-920
CONTITJE MARINE REFUELING FAC. CONCESSION AT
WATSON ISLAND ON MONTHLY BASIS: R-76-921
CITY CEMETERY IMPROVEMENT -DEFERRAL:
CLAIM SETTLEMENT-MAXY ALEXIS AND INDUSTRIAL FIRE
AND CASUALTY COMPANY: R-76-922
CLAIM SETTLEMENT- RAY LOPEZ AND KATHRYN LOPEZ; R-76-923
CLAIM SETTLEMENT- MARIE BUSH; R-76-924
CLAIM SETTLEMENT - .LAMES BRANCH; R-76-925
M-76-901
R-76-902
R-76-903
R-76-904
M-76-905
M-76-906
R-76-907
R-76-908
M-76-909
(1st Reading)
M-76-910
M-76-911
PAGE NO,
136--149
150
150-152
152--153
153--154
155
155-156
156--157
157
158--159
159--160
160--161
161--162
162
162
163
163--164
164
164--165
166
166--167
167
167-
168
168
169
ITEM► NO,
tr�c
ctTMER��taatua
SUBJECT
ORDINANCE OR
RESOLUTION No. PAGE N0.
53.
54.
55.
56.
57.
58.
59.
60,
61.
62.
63.
64 .
65.
SETTLEMENT- CITY VS. PLUST ENTERPRISES, INC:
DENYING CLAIMS:
DEFER COLLECTION OF ASSESSMENTS- SR-5391-C:
WAIVE FEE FOR USE OF CITY OF MIAMI SMALL SNOWMOBILE:
TRANSFER $1,000. FROM CONTINGENCY -PAYMENT TO NORA
SWAN FOR SERVICES -BICENTENNIAL COMMITTEE:
WAIVE RENTAL FEE BAYFT. AUD-ELKS CHARITY BALL:
AUTH. EXPENDITURE OF $4,654. - ALAN A ROGERS-
UNITED STATES INFORMATION AGENCY:
RESTAURANT CONCESSION AT FORMER UNDERWOOD PRCPERTY:
UNCLASSIFIED EMPLOYEES-(57) PROPOSED TERMINATION:
BID ACPTG.- AIR CONDITIONING MAINTENANCE -
MIAMI POLICE HEADQUARTERS -
REQUESTING CHARLES HUTTOE, CHAIRMAN OF CIVIL SER.
BD. TO APPEAR BEFORE CITY COMM. OCT.28,1976:
SOUTHERN BELL FRANCHISE -EMERGENCY ORDINANCE:
CALLING SPECIAL ELECTION -SOUTHERN BELL FRANCHISE:
AMEND AGMT WITH RICK SISSER-LEGISLATIVE LIAISON:
R-76-926 169
R-76-927 F169
R-76-928 170
R-76-929 170
R-76-930 170-A
R-76-931 170-B
R-76-932 170-B
171--172
173
R-76-933 173
R-76-934 174
8585 175--180
R-76-935 180--182
R-76-936 183
'MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * * * * * *
ON TH 14TH DAY OF OCTOBER, 1976, THE CITY COMMISSION
, PLACE IN THE
ITYIHALL, ,S5OUVAN AMERICAN URIVE
DE,T AT ITS RMrIAMI,NbLORIDA IN REG-
ULAR SESSION,
THE MEETING
MAYOR MAURICE A.
COMMISSION FOUND
WAS CALLED TO ORDER AT 9:20 O'CLOCK A.M. BY
FERRE WITH THE FOLLOWING MEMBERS OF THE
TO BE PRESENT:
Cammi4siane.r Man0Zo Rebo4o
Commibs.ioner J. L. P.eummer, Jr.
Cammiss.ianen (Rev.) Theadone Gibson
Mayon Mauniee A. Fenne
Vice -Mayon Rabe Gordan
(entered meeting at 9:22 A. M.
ALSO PRESENT:
Jabeph R. Gras4Le, City Managers
A. P. Crouch, Assistant City Manager
George F. Knox, City Attorney
Ra.eph G. Ongi e, City C eenI
Matty Hika.i, Abbi.s tart City C.eeth
An invocation wab detivened by Reverend G.ibaon who .then
Zed shoe a present in a p.eedg e o 6 allegiance to the 6Zag .
A motion to waive the reading o6 the minutes wad intnodueed
and seconded and was passed unanimousJ.y.
1, PROTEST PROPOSED CONSTRUCTION OF AMTRAK TERMINAL IN OUT-
LYING AREA,
Mayor Ferre: Good Morning, ladies and gentlemen. This is a
regular City of Miami Commission Meeting. ... While Rose
Gordon arrise, I've got two pocket items that I'd like to bring
out at this time. The first one is a phone conversation that I
had with Annette Eisenberg and, Mr. Manager I want you to follow
this because I think there's an important item here. There is
to be built in this community a railroad passenger station. The
Federal Government through the Atntra )( Office had decided that,
that station was to be built in Opa Locka , and of cola se,Congress-
man, Bill Lehman, that falls within his district and he's a very
important powerful Congressman had petitioned the agencies to put
it there and it looked like it was going there. Now, that's
been scuttled.
NOTE: Mrs. Gordon arrives at 9:22 A.M.
And it seems like we're talking about the Amtrak Station,
Annette Eisenberg called me this morning. It seems like the
Amtrak Station is not going to be built in Opa Locka, but its
(ping to be built in N.W. Dade County, some place. Now, she
told me that she was amazed; that she called the City various
departments, including the Downtown Development Authority to
OCT 141976
fits out and t am t., ,, that no$ody in the City of Miami according to
her. and I'm just quoting what she said, had really done anything
about trying to get that station in Miami. Now, we keep complaining
in this community and I certainly complain and I hear all of you
complaining, that we kind of sit back and let things Metro or somebody
else do things and not take the bull by the horn. I would like to
Move a resolution , two resolutions and you can structure them any
Way you want. One, instructing the Manager to personally look into
this and find out if there's any opportunity for the city or for this
Amtrack Station, it maybe too late, but for it to be brought to the
Miami Area and I would recommend to you about 40 acres that are right
smack in the middle of 36th Street that the F.E.C. has as their
Marshalling yard, which is vacant land at this point. And, by the
way Mr. Grassie as ... we're talking about locations for a stadium
there's a place where there's 40 acres of land and its in the. core
of the city right off of an expressway. Anyway, I think we ought
to really, look,and fight for that a little bit more. And, report
to it the next meeting. And, the second thing is Annette Eisenberg
has asked ... and Rose, you want to move this. Father or Manolo...
alright Gib&. n moves and who seconde?
Mr. Plummer: You mean in reference to the Amtrak ? I'll second it.
Mayor Ferre: Yea, Plummer seconds and the motion is that we immediately
send a telegram to the President of the United States protesting the
decision and requesting a full hearing because in effort what's being
done here is for a little convenience or short run convenience the
community is not being served, because this station should be in the
core of the community, which is within the City of Miami. For it to
be built on the outline area is not in the beat interest of the future
of this community and if it takes another half -million dollars or
whatever, it is I don't know that we've been a part of making that
decision and here's the largest city in this community and we have
not taken any participation in trying to get this Amtrack Station
here. So, that's the motion is there further discussion on it?
Call the roll?
Mr. Plummer: Mr. Mayor, I would like to expand that, not just to
send a telegram to the President of the United States, but also whom
ever would be the appropriate party in the Amtrak Railroad so that
they could be aware of our m ncern as well as others and maybe it
might even start them to come here and start asking questions.
Mayor Ferre: That's all right, does the maker of the motion except
that. He does. all right, is there anything else? Call the question.
The following motion was introduced by Commissioner Gordon,
who moved its adoption:
MOTION NO. 76-879
A MOTION INSTRUCTING THE CITY MANAGER TO INVESTIGATE
THE FEASIBILITY nF THE PROPOSED AMTRAK STATION BEING
LOCATED WITHIN THE CITY LIMITS AND SPECIFICALLY RE-
COMMENDING THE ABANDONED FEC 40-ACRE TRACT NEAR 36TH
STREET; CITY MANAGER TO REPORT AT THE NEXT COMMISSION
MEETING AND TO SEND A TELEGRAM TO THE PRESIDENT OF THE
UNITED STATES AND TO PROPER AMTRAK AUTHORITIES PROTEST-
ING THEIR PLAN TO CONSTRUCT THIS FACILITY IN THE OUT-
LYING AREAS WHICH DO NOT SERVE THE CITIZENS OF THE CITY
OF MIAMI.
Upon being seconded by Commissioner Plummer, the resolution
was passed and adopted by the following vote -
AYES; Commissioner Manolo Reboeo
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Condon
Mayor Maurice A. Ferre
NOES: None.
z OCT141976
LAWSUIT Film) gY THE CIVIL SERVICE
1Wb AGA I NS1 THE MAYOR, CoNM I Ss I oNERS,
CITY MANAGER AND C I fi'Y ATTORNEY
I TION INSTRUCTING CIVIL
SERVICE BOARD TU APPEAR BEFORE
(MISSION THIS DATE,
Mayor perre: Now, ladies and gentlemen, the next pocket item that
1'M going to bring up which is rather important. I was served at
et10 this morning with a lawsuit and each one of you will be served.
The Civil Service Board, City of Miami, Robert Paulk, Jr., Executive
Secretary and Director of personnel, Civil Service Board of the City
Of Miami and Pat Skubish, Chief Examiner, Secretary vs. City of Miami
the Mayor, Commissioner Maiiolo Reboso, Commissioner.Theodore Gibson,
Commissioner Rose Gordon, Commissioner J.L. Plummer,Jr., Joseph Grassi;
City Manager, Frank Weston, City Attorney. And, in this litany of all
the things and I read the whole thing this morning. It ends up as
follows: The petitioners prey this honorable court enter a decree as
follows that the court takes jurisdiction over the parties to this
action and the subiect matter. So, what in effect they're doing is
they're ask: qo that the court now becomes the City of Miami Commission
and decide in its wisdom the future of the City. #2, that the court
issue a writ of mandate as to command said city commission of the
City of Miami to immediately fund the Civil Service Office in the amount
of $408.000 as provided for in the charter. Now, the charter in my
opinion, I've never read that it has any specific figure as to how
much the city is going to pay the Civil Service. But here it says
that the charter ir, the amount of $408,000 as provided by the charter
of the City of Miami and I wasn't aware of that. #3, that the court
temporarily and permanently -permanently, permanently enjoin the City
Commission from funding the Department of Human Resources. Now, I'd
like to see where in the charter that says that the City of Miami
Commission doesn't have the right to establish a Human Resource Depart-
ment. #4,that the court requires the City Commission to comply with
all provisions of the charter of the City of Miami until such times
that those provisions should change as mandated by law. #5, that the
court award petitioners cost of this action, and #6, that the court
award any other relief which the court may deem and meet proper.
Now, this is signed by Sheridan K. Weinstein of Papy, Levy, Curruthera
and Poole, Coral Gables lawfirat, which obviously I don't know this is
outside counsel, so I would like Mr. Manager to the Office of the
City of Miami CleA to ask the Civil Service Board in its entirety to
appear before this Commission, the earliest possible time and if
necessary I will a special commission meeting for the purpose of
discussing this Lawsuit. Let me say, I'm not going to go into a
long philosophical expression, but I'm not against Civil Service. nor
am I against the system. I do feel that this city has changed in its
ethnic makeup. I do feel that this is 1976 that we've already had in
1954 the case of the United States vs. School Board of Topeka. This
man here went to jail riding on a front of a bus to prove that and the
1964 we've already Jack Kennedy and Lyndon Johnson have already
come and gone, they're dead. The 1964 Civil Rights Acts has already
become law. And, the 1972 amendment to the Civil Rights Act..has be-
come law and that applies to us. I he matter what happens to me
personally and politically, I'm not going to stand anymore and wait
and see all the finagling and the horsing around that's going on and
try to circumvent not the letter of the law, but the intention, that
this is not going to be a city that plays these kinds of games. We
have not had sufficient movement in Affirmative Action. There have
not been sufficient: Blacks, and Latins, and Women come into the system,
the Civil Service System was inaugurated 50 years ago to protect
employees. N w, we have double protection. We have unions that
protect employees ixnd I'm a great firm believer in the Union System.
We also have the Civil. Service System that protect employees and through
the unions and through civil Service I'm going to make a blank simple
statement. It is the employees of the City of Miami who run and own
the City of Miami. It is being run.for their advantage and it is being
run not directly, but indirectly through the powers that exist within
3
OCT 141976
41
the union system an within Civil Service and I think the time has
00M0 to face that issue and either we turn over the City to the
5loyee Groups, including Civil Service and the uniots or we get
around to business whore this Commission is going to run this city
and hake the decisions for this city and this Administration is going
to follow the will of this commission and establishing what and how
and where and why this city is all about. Now, I'm willing to go to
the extent and I think we have just cause. I don't know whether or
not the Civil Service Board passed approved this. If they did approve
it I want to know why directly. I also want to know how this outside
counsel was retained. Whether city funds are being used to pay for
the services of Papy, Levy, Curruthers and Poole. I want to know
how this comes about. I'm willing to go to the extent of dismissing
the three members of the Civil Service Board. and that's how strongly
I feel about this if I have too. And, I for one feel that I have
just cause in dismissing them and they can have their day in court
and make their presentation here, but that's how strongly I feel about
this lawsuit.
Mrs. Pat Skubish: I just you to identify Mr. Mayor, when you said
to take three members off the Civil Service Board, who did you mean
the elected officials?
Mayor Ferre: Oh obviously, we have as you well know. We have no
jurisdiction about those members of the Civil Service Board that are
appointed by the Employee Groups. As I remember the City of Miami
does appoint three members to Civil Service Board and that's the only
thing that we can do.
Mrs. Pat Skubish: I think you are right in saying that you should
have the whole board before this Commission. But in case you're not
aware of it I believe, I was informed just a little while ago that
the court date is tomorrow at 2:00, so we'll have to call Mr. Paulk
and maybe he can shed some more light on it. I just found out about
it, ok.
Mayor Ferre: You just found out it?
Mrs. Pat Skubish: I just found out about the court date.
to be tomorrow at 2:00.
Father Gibson: Mr. Mayor, as a member of the Commission.
the court date is tomorrow I think we have a right to ask
of the Civil Service Board to appear before us today.
It's going
If the
the members
Mayor Ferre: I think that's right.
Father Gibson: I think, it's you know, all is fair in love and war
now.
Mr. Reboso: Was this approved by the Civil Service Board,Pat?
Mrs. Skubish: Yes it was Mr. Reboso/
Mayor Ferre: This lawsuit was approved? Was it a unanimous approval?
Mrs. Skubish: Yes sir it was. Yes it was.
Mayor Ferre: How many members were of the Civil Service Board
Mrs. Skubish: Mr. Huttoe, as you know is out-of-town, he's been
out-of-town for two and a half months.
Mr. Reboso: How many meetings has he been missing?
Mrs. Skubiab• Four meeting , 1 think Mi. Paulk was before you about
4
OCT 141976
1
three weeks or a month ago and he told you the intention of the
ward and then they went ahead and we had a special meetitx, and it
Was unanimous. i thought that was brought to your attention.
Mayor Ferre: When was that Special meeting held.so that this 1aWm
suit would be instituted?
Mrs. Skubish: When was it held?
Mayor Ferre: Yeah?
Mrs. Skubish: I'd have to eheck my records. It was
weeks ago. I'm pretty sure it's three weeks.
Mayor Ferre: The lawyer that signs this is Sheridan
Is that Mr. Weinstein or Mrs.?
Mrs. Skubish: Mrs.
Mayor Ferre: Mrs. Weinstein. All right.
Mrs. Skubish:
about three
K. Weinstein.
And, you questioned about city funds being used.
Mayor Ferre: Yeah, answer my question?
Mrs. Skubish: No sir.
Mayor Ferre: This is not being paid for by City funds?
Mrs. Skubish: No sir.
Mayor Ferre: Who is paying for, for the lawsuit?
Mrs. Skubish: Civil Service Board, I believe, like I said Mr. Paulk
will have to come down here and talk for himself. But I believe
Civil Service put up a 37.50, that's all it takes to initiate something
like this.
Mayor Ferre: Well, obviously somebody put a lot of work into
preparing this. This document is a well written legal brief.
Mrs. Skubish: But, what we're doing is asking employees for a dollar
a piece ...
Mr. Reboso: Pat, let me ask you something? Is Mr. Huttoe aware of
what is going on in the City of Miami?
Mrs. Skubish: Mr. Reboso, you have me at a disadvantage because he's
been gone for over two months you see and I would say right to his
face, not just to you people here, that he knew that we were going to
be in a crisis with the Human Resource Development, with the budget
and everything and he is gone. For two months he has been gone. And,
there's nothing... I've tried to contact him. I know other members,
Mr. Argues has tried to contact him .. to no avail.
Mayor Ferre: Well, let me put it to you this way. My name is
Hernan Cortez and not only have I crossed the bridge I'm going to
burn the ships behind me.
Mrs. Skubish: I don't understand that too well, is that a threat?
Mayor Ferre: No, what it means is that the dye is cast and that my
position is firm and that I am not going to go back.
Mrs. Skubish: Oh, well, I'm sure you're not Mr. Mayor and I believe
that the whole board should be here to,express themselves.
OCT141976
NIP
a
yof refire: yeah, and I'm expressing myself and I'll express thyself
sin when they come here, but as far as I'm concerned there is no
van/ back. We are on our way one way or the other.
Mrs. Skubish: Ok. What would you like me to do, to contact the
Other members of the board?
Mayor Ferre: And see when they're available to be here and whenever
they are I will ...
Mr. Reboso: If possible before lunch.
Father Gibson: Mr. Mayor, I'd like to do mine a little differently.
I'd like for the Commission to instruct the Manager forthwith to notify
the proper parties whether he has to do it through you or through
Mr. Faulk, i don't care, that's not my problem. That's the Manager's
problem.
Mr. Grassie: Would 2:30 this afternoon Commissioner?
Father Gibson: All right. Well, all right, Mayor, ok, I have no
problem. I make a motion that the Civil Service Board be instructed
forthwith to appear before the Commission as a first item on the
agenda beginning 2:30.
Mayor Ferre: A11 right, there's a motion. Is there a second?
Mr. Reboso: Second the motion.
Mayor Ferre: Seconded. Further discussion on the motion. Call the
roll.
The following motion was introduced by Commissioner Gibson,
who moved its adoption:
MOTION NO. 76-880
A MOTION INSTRUCTING THE CITY MANAGER TO REQUEST THE
APPEARANCE OF ALL MEMBERS OF THE CIVIL SERVICE BOARD
TO APPEAR BEFORE THE CITY COMMISSION AT 2:30 P. M.
THIS DATE, OCTOBER 14, 1976.
Upon being seconded by Commissioner Reboso, the motion was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
ON ROLL CALL: Father Gibson: That's right, that'll give them
plenty time. You know if I say 10:00 this morning they'll tell
me oh, I had a pain in my stomach and I couldn't get here. You
know, are they'll well I had to go see my cousin. No, they'll
have about 2:30 they can get rid of all the pain and they can
see all there cousins and there auntied but be here at 2:30.
That's right.
Mr. Weston: Mr. Mayor, before we get off of that, let me correct
the statement that you made. The City Commission has jurisdiction
over all five members of the board, while two of them are elected
they also are appointed by this Board and the charter gives the
City Commission the authority to remove any and ail the members
for cause.
OCT 141976
10
Mayor Ferre: Well, you're going to have to research the legal of
this, but to me the cause is that we have a direct confrontation
now between the will of this board ► or At loadt the majority of this
board as I understand it and the will Of this agency of the city.
called Civil Service Board and l think that's sufficient cause.
Mr. Weston: I understand,
Mayor Ferre: They're not following the intent. Now, conies the
question as to whether or not you get into the legal areas of the
charter and that of course has to be determined by t court.
INSTRUCT CITY MANAGER TO DESIGNATE REPRESENTATIVE AT MEETINGS OF
BOARD OF EQUALIZATION,
Mr. Plummer: Mr. Manager and I'm speaking also to the Commission.
Wait a minute I want to Attorney to hear this also. Over the period
of years we have spoke that the City has never been represented in the
hearings of the Board of Equalization, where people go in and ask their
property assessment to be reduced, I don't think anyone has appeared
to ask it be raised, and I think this year in particular where the Cit,
of Miami finds itself in such a tight situation with budget, that we
should have someone at those Board of Equalization meetings as it
relates to assessments in the City of Miami and someone should be there
to represent us; us the Commission, the people of this City to make
damn certain that our interest is protected. And, I'll offer in the
form of a motion that the City of Miami designate an individual, my
personal opinion,it should be from the Law Department or from the
Manager's Office, that a representative of the City of Miami be at
all meetings of the Board of Equalization to protect the interest of
the citizens of this city and I'll offer that in the form of a motion.
Father Gibson:
Mayor Ferre:
discussion on
Mr. Plummer:
Mayor Ferre:
official?
Seconded.
All right, there's a motion and a second. Further
the motion. What do you intend to be on they..
In other words, Maurice when they hold these meetings...
I know how its held, but are you talking about an elected
Mr. Plummer: No, no. Yea. I said either the Law Department or the
Manager's Office and if there is a case there that they feel that is
sufficient a detriment to this city that they would bring it to our
attention and we could proceed from there.
Mayor Ferre: Well, let me explain to you the way the Board of Equal-
ization works is that there is a group of County Commissioners, and
the School Board who take turns serving on that board. There's three
of them who as the Board.
Mr. Plummer: But, I'm not saying Mr. Mayor that they would be a
board member. They would be there to protect our interest.
Mayor Ferre: Ok. I understand. Call the question.
The following motion was introduced by Commissioner Flummer,who
moved its adoption:
OCT 1.41976
MOTION NO. 76-881
A MOTION INSTRUCTING THE CITY MANAGER 'X DESIGNATE
A REPRESENTATIVE 'IC) ATTEND ALL MEETINGS OP THE
BOARD OP EQUALIZATION OF THE METRO COMMISSION i0
PROTECT THE INTERESTS OF THE CITY.
Upon being seconded by Commissioner Gibson, the motion wa
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferro NOES: None.
14, BRIEF DISCUSSION ITEI: ( OM4JNIIY FOR CONCERNED PEOPLE,
Mr. Tirus Afrik: I'm represent the United Cab Drivers Association
as well the Community for Concerned People and the reason for my
presence here this morning is because we have various problems
1, confronting us in the cab business as well as the community and for
extended period of time we've been trying to get some resolved on
these different problems. We met with various officials and ...
A
Mayor Ferre: Look, I have to rule you out of order, unless you tell
me specifically what the emergency is. This is a country of laws and
regulations. We have an agenda. Now, if you want to be on the agenda
you get like every other citizen, you've got that right. But you
speak to the Manager and he will put you on the agenda. I cannot take
you out of order like this, unless you have an emergency.
•
Mr. Afrik: Well, what we basically would like is a meeting with the
City Manager to discuss the overall problems confronting us.
Mayor Ferre: Mr. Manager, would you take the gentlemen's name and
its in your hands.
Mr. Afrik: Thank you.
5, SOU I HERN BILL FRANU-I I SE - MOTION TO ACCEPT AGREEMENT AS NEGOTIATED
AND AS AMENDED,
Mr. Grassie: Mr. Mayor, as you know the City Commission stated its
position on the question of the Southern Bell Franchise, that position
has been conveyed to the company in a fairly detail form and you'k1
receive a copy of that communication. The company has had a chance to
respond to that and I believe that you have a copy of their response.
Now, without being repetitive about it, the basic result of that whole
process is that we are back at a franchise in terms of something that
is agreeable to the company. We're back at a franchise that you had
seen about two weeks ago. It still has merit in my estimation for the
city. I do think that the question of the length of the franchise
is something that needs to be discussed more than it has been. But,
the thing that is in front of us now is whether or not the city prepared
to move forward on the franchise or not.
N. Plummer: What is the year's proposed?
Mr. Grassie: By the company- 30 years.
Mr. Plummer: By the city?
OCT 141976
EEa
mf
Mr. Grassie: I mould certainly not propose more than 20 e
Mayor Ferre: 20 what?
Mr. Grassie: I would not propose any more than 20,
Mr. Plummer: And, why do you say that?
Mr. Grassie:
Becav5 . t
to the city to rr'-
30 ye ..
Mayer:"
at tli
I ' m go .t 4
I'm not
money aga),A44
improvemen
conference
exhibition
the improvetrtia
I won't go f
go for 30, b
Mr. Plummer:
30. I'll give
what has to be s, ;..
iation is good. but.
way wags the other. It
I think it is in the long run best interest
its franchise more frequently than every
•'bout you but I'm not going to be around
vbe you might be, I don't know, so. But
'1 about this -thing. i'll be very open
y what's in my mind. I want to borrow
..f `:-grow money for the purposes of capital
?rht be a continuation of the convention
0.4 ^ 1"ut up a trade center and a major
fi r Oatson Island, it could be used for
W.ity, such as the Orange Bowl, but
a,e,t 25. I reluctantly. I'd rather
f
E' my opinion. I agree with the
favor of the 30. I think that
q;t _estimation is, you know, re-negot-
x,u know, the dog's tail that wags one
cie good. It can be a detriment. It can
go both ways. And, I just personally, would rather have it at a 30
year level and leave it at that. It's worked very good in the past.
I'm speaking for myself.
Mrs. Gordon: I'd like to know what the bottom line is.
Mayor Ferre: Is that in reference to this? Well, the bottom line is
that .. have you all got your memorandum in front of you? Do you?
Southern Bell will pay for the cost of the franchise election as
required by the city charter. Now, they've agreed to do that, right?
Mr. Grassie: Yes sir.
Mayor Ferre: And, we can put anything else we want on that, they've
agreed to that. That's no problem. #2. Provide for a protective
clause that would guarantee the highest franchise payment should
obsolescence cause reduced payments. They've said no to that.
Item #3, provide for a 31/4% Franchise payment or a 33 1/396 discount
on the City telephone bill. They've said no _to that. On Item #4,
it include the same Acquisition Clause in the proposed ordinance as
provided in the expired Franchise Ordinance. They've said no to that.
#5. Extend the Favored Nations Clause to include the entire Southern
Bell Company area. They've said no to that. Is that correct?
Mr. Grassie: That's correct.
Mayor Ferre: So in effect they've said no to all our requests at this
point. Otherwise, everything remains the same. Now, I'll tell you
one thing that I definitely feel that we should have a Favored Nations
Clause that includes the whole Southern Bell System.
Mr. Plummer: I thought that was agreed upon, now I'm...
Mr. Grassie: Just the State of Florida Commissioner.
Mayor Ferre: As far as the Acquisition Clause well the
is really never going to go by any phone system, so I'm
about that. About the 3311% or 33 1/3%, well I'm willing
City Of Miami
not too concerned
to accept 3%.
OCT 141976
4 4
n the protective clause that would guarantee the highest franchise
payment, t would like to substitute the following. which I think would
be acceptable to them, that the moment and I would be willing to
compromise to this extent. That Southern Dell would have a choice.
if they start decreasing their franchise payments to us becauee they're
using another system that they would either have to pay or they would
ldee the franchise completely. In other words, there would be a clause
Of termination and it would be their choice as far as I'm concerned.
In other words. do you follow me Mr. Grassie what I'm saying?
Mr. Grassie: Well...
Mayor Ferre: See, we're getting 3%. Let's say that, that 3% is a
Million and a half, ok,now it goes up and it gets up to two million
dollars, say fifteen years from now its up, then there are scientists
have invented a system where they don't need to use our system, our
streets and our ... they start reducing in effect what's going to
happen is that we're not going to get anything anyway, so I don't want
to be a half fish and half fowl. They're going to go to a new system
either they pay us for the franchise as we become accustomed to getting
or they can walk away from it completely, but none of this half way
where they can you know phase out of it over a 10 year period and start
decreasing their payments to us. If they want to walk away from it fine
you go to fully electronic system,but no halfway house in this one.
Mr. Grassie: Do I understand Mr. Mayor, the consequence of that would
be that they would be that they would continue to operate but pay us
nothing?
Mr. Plummer: No.
Mayor Ferre: Well, the consequences that they could not it's just the
opposite of that is that they would not be able to utilize any of the
streets unless they pay a minimum amount. If they don't want to pay
a minimum amount,and they want to go to a fully electronic system, then
fine as far as I'm concerned what I'm saying is I don't want to go
into one of these slow debt deals. Either they walk away from the
franchise, fine. I don't mind giving them that right, but it's got to
be complete. Otherwise they got to pay us the minimum amount that
they've paid us in the years past.
Mr. Grassie: I see, you don't want them to phase out over a period of
years.
Mayor Ferre: No sir. I want to tie them in. What I'm trying to do
is tie them in so that in the future there is no situation where' -
because of scientific improvements that we get locked out.
Mr. Grassie: In terms of formula in this kind of provision then are
you suggesting that we say something similar to a paragraph which would
state that if at any time the revenue to the City should drop more than
10% from what it was the previous year that at that point the company
would have the option of either maintaing the previous level of payment
or terminating the franchise.
Mayor Ferre: Something like that. That'll be acceptable. That gives
them plenty of latitude.
Mr. Plummer: Mr. Brown is here, let's have him speak to that.
Mayor Ferre: Mr. Brown has apoken to it and I'll read you the statement
that he made if you want to have him repeat it.
Mr. Plummer; Well, this is the first time I've heard this kind of a
formula.
OCT 141976
Mr oraeaie: Me tit.
Mayor ?erre: Upon cursory review of the attached ordinance, it is
apparent that Southern Bell has Made major concessions itt these
negotiations and then he states the exaMples,Accordingly, we can
make no further concessions beyond those represented in the ordin,.
ante proposed to the City Commission on September 23rd. We would
note, however, proposed change number six attached to your letter
is required by Section 74 of the Chapter of the City and has never
been disputed by the Company. So, unless Mr. Brown wants to change
that I'll be happy to recognize it.
Mr. Brown: You're not speaking of that economical cycle, are you?
Mayor Ferre: No, I'm not talking about cycle, sir, no, absolutely
not. Oh yea, look, if we get into a depression and everybody dis-
connects their phones , obviously I'm not going to ask for the phone
company to pay for it. What I am concerned about is that for moving
into a new scientific world and I think if were going to give Southern
Bell some kind of a concession for x-number of years that we need some
kind of protection on it.
Mr. Brown: I think you've expressed it a little bit different from
what I had previously ...
Mayor Ferre: Because I want to be flexible Mr. Brown.
Mr. Brown: Well, this is new approach and I would like to see a
paragraph constructed what would describe what you_'re talking about.
It sounds all right on a service to me that we have a choice -yes or
no only at that point and time to,to walk away from a franchise or to
continue it for some basis for negotiation. Basically, it sounds
all right to me Mr. Mayor, but the wording of this could be important
and I don't want to defer this thing in any way and I'm perfectly
willing to get with someone who wants to put together. But I really
don't think its necessary. I really think its a paper tiger that we're
looking at and I don't want to cause any particular problem on it.
Mayor ?erre: Ok. So, to recap what I'm saying Mr. Brown so that we're
perfectly, as far as I'm concerned and I'm just expressing one person'e
opinion here but you know sometimes everybody kind of waits around to
see what somebody else is going to do and I'm not like that. I'llt tell
you exactly how I feel and let everybody express their opinion. I feel
that I'm willing to give up on the acquisition clause. I'm willing to
give up on item #3 and stick with 3%. The two areas that I'm not will-
ing to give up personally, is I think we have to have some kind of a
protective clause in there so that should there be new systems installed
the City of Miami has some kind of protection. I'll make it as flexible
as possible. And, I agree that it might be a paper tiger and point #5
I think that we really should have a Favored Nation's Clause for the
whole Southern Bell System I don't see any reason why we shouldn't.
Mr. Plummer: Let me, I'm not in too much disagreement there. Mr.
Mayor, really, the thing that has bothered me all the way alone here
and maybe I'm being way out of school. But the thin, that has bothered
me all the way doing this negotiation is that we really come to an
agreement and the voters turned it down. You know, we're not making
the decison. We're merely making the decision here and hopeful that
the final decision will be at the referendum. Can we do this? Since
the one area of concern seems to be over the length of the franchise?
That I would like to offer::a motion just so that we can determine
first of all the length of the franchise and get a majority vote.
mayor Ferre: Mr. Plummer, I'm going to rule that out at this point,
because we are now in the middle of a discussion and I think its
appropriate for every Commissioner to express their opinion and then
Let's see what the consensus is and at that time I'll recognize you...
OCT 141976
11
41 41
Mr, Plum 'ter : Then, Maybe its not necessary to bring that to a Motion.
Ail right, go ahead. I've expressed myself, I believe,
Mayor Ferre: Let's see what the consensus is and I'il reoogni2e
Mra. Gordon if she wishes or anybody else.
Mra. Gordon: Well, my personal feeling is as I've mentioned before
that if you give up certain concessions which might be beneficial
to the city for benefits that might be beneficial to the company then
you should receive something in return that would be beneficial in
the opposite direction. And, apparently, we are now, the Manager is
returning to a 3% and a 30 year period of time.
Mayor Ferre: No 25. I would accept 25 Rose. I'll go down.
Mrs. Gordon: Ok. It really matters not to much whether its 25 or 30
the point I'm trying to make is that I had requested prior to this
of some credits to us on our service bills and I haven't heard yet
whether or not the company is willing to give us some credits and if
so how much.
Mayor Ferre: I would like to refer you to page 2 of the letter in
your packet dated October 8, addressed to Mr. Joseph Grassie, signed
by Mr. James Brown, Vice -President- Florida. I'd like to refer to
you to paragraph three, line 11 and it starts and says, Accordingly,
we can make no further concessions. Now, if Mr. Brown wants to speak
to it...
Mrs. Gordon: Yeah, but right now at this point we are discussing the
years of franchise. and Mr. Brown's here. I would like him to update
his feelings on that matter. Mr. Brown?
Mayor Ferre: Mr. Brown?
Mr. Brown: I'd be glad to speak to it. Like you its been a give and
take situation for a long time before this ever reached the halls of
this commission in here and this is one of the items of which we talk
about. many, many times and the values of it. And, arriving it to
3%, we had an alternative of either allowing discount on service or
coming to 3%. I think it was the negotiation team with the city, that
they would benefit more by taking a 3% of a larger revenue figure than
it would by getting a discount on telephone service and my consideration
is that franchise right will worth -certain value. We finally arrived
at that value and I don't think that I'm in a position to continue to
negotiate up and down so I would have to stand on the 3% Mrs. Gordon
without any discount.
Mrs. Gordon: The Manager, who we rely upon for so'many recommendations
is recommending 20 years. Now, you know. I disagree with him at times
too, but in this particular case I don't find a reason to disagree
with him. I think he makes good sound business sense in recommending
20 years, and/or unless they concession of some other type were made
to off -set and make him consider a longer period worth the additional
concession.
Mr. Brown: I think the advantage is all on the city side that will
link the franchise there has more value to the city than it does to
the company Mrs. Gordon, so I could not increase it for that reason.
Mrs. Gordon: Ok. Well, I personally think the City is better off
having a shorter period for re -negotiation because at that point and
time perhaps it would seem logical that ah� her rate could be.
implemented but if .t doesn t make any difference to you tnen in my
opinion the city doesn't benefit any more from having a 20 or 30 year
term beginning today, because at some point and time the city going
out a$ the Mayor says to look for financing based upon revenue to be
anticipated will be at 25 or 20 oL 15 to 10 or to 5 and they'll still
OCT 141976
have that period 1 .raining time to use for tt. collateral use.
Mr, P1UMMer: If we don't #furry up Rose the 30 years is going to be
tip
M. Gordon: Well. I'm not going to have to worry about that too noh.
Mr. Plummer: Well, let me just interject one thing here. Maybe I'm
Completely off base. But Rose I see the 30 years as an advantage to
the city. And, everybody keeps talking about its a Southern Bell
advantage. Hey, negotiations are over as far as I'm concerned. And,
I'm putting it on top of the table. As far as I'm concerned I person-
ally, feel the 30 year franchise is a distinct advantage to this
City if you're going to borry money against it. God knows it's going
to make it a lot easier to bargain 30 years than against 20.
Mrs. Gordon: It's doesn't make any difference. 20 years is a long
amortization period for any debt that you might want to incur, so...
Mr. Plummer: Maybe, what I'm trying to do is I just don't want to
ever handle it again.
Mrs. Gordon: Well. I don't think you're going to worry about it either.
Mayor Ferre: I think that's a good statement.
Mr. Plummer: Speak for yourself.
Mayor Ferre: I think that the difference is that with 20 years you
could probably borrow 15 million dollars with 25 years. With 25 years
you could probably borrow 20 million dollars and with 30 years you
could probably borrow more than that.
Mrs. Gordon: I want to say, I don't agree with that Mr. Mayor, because
you don't have the bottom line. Yot' don't have the guaranteed income
because if the electronic aspects you mentioned prior have come into
effect. The security factor of the 30 years is ....
Mayor Ferre: Well, but see that's a decision that Wall Street has to
make and not us. The bond houses will make that decision.
Mrs. Gordon: But if you have that in your contract that would add
value to the 30 years without it it does not.
Mr. Brown: Mr. Mayor, may I make just one simple... I'm sorry, excuse
me. I just want to point out Southern Bell is having to sell bonds
every year with this knowledge of the change in technology.
Mayor Ferre: Does that affect your bonds? The sales of your bonds,
Mr. Brown?
Mr. Brown: It is still rated triple A up to this point.
Mayor Ferre: Has it affected it at any time?
Mr. Brown: Not to my knowledge.
Mrs. Gordon: What, Maurice? What are you talking about?
Mayor Ferre: What he just said.
Mrs. Gordon: Yes, but his situation is different, he's not going out
of business, but we might if the system didn't require the kind of
installations we have now.
Mayor Ferre: Look, I'm not a bond expert, but I have sold an awful
lot, sometimes to my regret. I have borrowed an awful lot of money.
u
OCT 141976
M d 1 Might tell you When the limited knowledge that 1 have of the
bond Market and Wall Street financing. 1 think that if you have
A longer period in your franchise you'll be able to borrow more
than if you have a shorter period. That's just simple basis Finanoem
101 University of Miami.
Mrs. Gordon: without being repetitious again I'm sure you-- Mr. Grassie,
May I ask you a question, when you made the recommendation on 20 years
you've carefully thought out the 20-year aspect, I'm sure, it was not
a haphazard recommendation. Is that correct?
Mr. Grassie: Well, I'll have to say that's correct Commissioner, but
let me give you...
Mayor Ferre: You don't make haphazard opinions in any case do you?
Mrs. Gordon: No. Go ahead, let him speak.
Mr. Grassie: Two points Commissioner. One, the basic reason for
recommending the shorter one is that I think that more freque ent
re -negotiations might tend and obviously we're spectulating on the
future might tend to get a better franchise the next time around as
this one is better the last one.
Mr. Plummer: Could be worst.
Mr. Grassie: Could be worst. But in addition, I guess, the finanical
question that the City Commission has to ask itself is whether it wants
to facilitate for itself commiting this general revenue for that longer
period of time. Basically, you're talking about a part of the general
fund and that's the decision. It's really a finanical decision that
you have make.
Mayor Ferre: All right. Father Gibson, and Commissioner Reboso.
Mr. Reboso: I am ready for a motion Mr. Mayor. I think...
Mrs. Gordon: Father Gibson has not had a chance to speak and ...
I want to go for the 20-years. I'll to the 3%.
Father Gibson: Mr. Mayor, I would accept the agreement. I too like
Rose, I want 20-years, since you're not going to get anything else
along with the fact that if you're going to put in a clause that the
company can back -out then there's no reason why at that point. The
company needs any more than 20-years they can back -out at the end of
10-years and the advantage of 20-years is 20-years from now the people
who sit on this Commission may share a different point -of -view and I
don't want to lock them up forever.
Mayor Ferre: Father, I wonder if I could offer a comprise, instead
of 30-years we go for 25-years which was the original statement that
Mrs. Gordon made when we were going for 30 and she came down to 25,
now she wants to go to 20, but I would like to offer these points.
First of all, we are getting two opncessions out of this, one is if
we're going to have a Favored Nations Clause for the whole Southern
Bell System and number two that there will be a protective clause in
Item #2.
Mr. Reboso: Mr. Mayor, also let me point out that the draft of the
ordinance that we have in front of us I assume that is recommended
by the City Manager, right.
Mr. Grassie: The original one that I distributed to you, yes I'm
sure it is.
Mr. Reboso: The one that we have in our package?
OCT 141976
Grassie; Yes.
Mt. Reboso: Section 5 is recommending thirty(0) yearns
Mr. Grassie: No. that reflects the decision that you to
last Meeting.
Mr. Reboso: I see.
Mayor Ferre: Well, now wait a moment, didn't you cone too and
negotiate agreement, that you came and recommended to the Commission?
Mr. Grassie: The draft that we brought to you was for 25-years.
Mayor Ferre: All right, I would then like to ask you if you're
negotiating team recommended 25-years, then why are you changing it
to 20?
Mr. Grassie: I felt during... for the same reason that you're asking
for some later concessions right now. I felt during the negotiations
that it should be 20. They felt it should be 30 and we out with 25.
Mayor Ferre: And, you agreed to that recommendation when you brought
it to the City Commission?
Mr. Grassie: I did. I did.
Mayor Ferre: Are there any other things in your recommendations that
you've changed your mind on or that you have a different opinion and
have recommended... your original recommendation is 25-years, which
I disagreed with. I wanted to go for 30. Now, you say you'd rather
go for 20. Are there any other things that you feel that should be
changed?
Mr. Grassie: Yes, many Commissioner, but I think that you'd have to
give up some things if you're going to get an agreement.
Mayor Ferre: That's precisely my point.
Mr. Reboso: Well, Mr. Mayor we have been dealing with item for more
than six months now. I am ready to move it at this point.
Mayor Ferre: Mr. Brown,did you want to say something?
Mr. Brown: Mr. Mayor, you made a statement just now about the the
Favored Nations Clause governing Southern Bell, which was pointed out.
I have a deal of problem with that because I have absolutely no authority
over anything that takes place in the State of Georgia, State of
North Carolina, South Carolina, it's true that my president could over-
ride my piers in Georgia, but on the other hand there are tax laws
in the State of Georgia and the other states that are different from
tax laws in the State of Florida and the equitable thing for a telephone
subscriber to do up there is affected by what tax laws are in those
particular states. So, it gets beyond my control honestly, to do any-
thing other than to apply this to the State of Florida.
Father Gibson: You're only the President of Florida?
Mr. Brown: Only of Florida.
Mayor Ferre: No. but that's not the point. You see, he's not the
President of Florida, he's the Vice -President of Southern Bell. It
is one company, its called Southern Bell System and as far as I'm
concerned I recognize Mr. Brown that it is a major concession. I
recognize that.
OCT 141976
1
Mrs Brown: t haven't made it as a concession. I'm awfully sorry that,
ut$•i
Mayor Perre: I realize that you have not.
Mr, Brown: It's just like the City of Miami giving ita authority
to the City of Atlanta.
Mayor Ferret No, but the difference is this that I am the Mayor of
the City of Miami and there is the Manager and here are the Commissioners.
But in your case you have a President and a Board of Directors, so we're
talking about your cooperation. The cooperation is the Southern Bell
System and I'm just saying that I don't think that we should be at any
disadvantage to Savannah, Atlanta, or any other city that's involved
in your system.
Mr. Brown: you understand this puts you ahead of Atlanta on total
revenues.
Mayor Ferre: That may be for now but I don't know what it'll be
10 years from now.
Mr. Plummer: Let me ask this question? Mr. Brown if you know the
answer. I'm assuming other franchises have save the nation clauses
in them?
Mr. Brown: In Florida as far as I know they do, but there are....
I don't know about outside ...
Mr. Plummer: That was my question, in other words, do they have
them outside of the State of Florida which would incompetence Florida
I think it has to work both ways is what I'm saying. If Atlanta has
a Favored Nation to the entire Southern Bell System...
Mr. Brown: I understand they do not,
Mr. Plummer: It's your understanding then that no one out of the
State of Florida has a Favored Nation's which would include Florida.
Mr. Brown: That's what I've been advised...
Mr. Plummer: Ok, then I think it's got to both ways.
Father Gibson: Well, let me ask this, Mr. Brown, if we went to
25-years, what about the Favored Nation Clause?
Mr. Brown: I'm trying to relate the two is what I'm trying to do
Father Gibson and I'cn having a little difficulty in doing so.
Mr. Plummer: How about 24 years, 8 months, 3 days and 6 hours!
Mrs. Gordon: Mr. Brown, how could you in your capacity in the
company proceed to obtain what the Mayor feels is extremely important
that the Favored Nation's Clause be for the entire Southern Bell
System, how would you- or how could you proceed to move that forward,
assuming you would like to do it, you know, that's an assumption?
Mr. Brown: I really don't want to do it to be honest about it,
because I don't feel like the actions on the part of any other
dty ought to be held... you ought to be held responsible for it.
And, that's the position you're attempting to put me in at the
moment in this discussion and I think that all the negotiations
up to now have been a great deal of give by both sides, but prin-
cipally by the telephone company and I just don't feel like that
they ought to take something out of the jurisdiction of this
particular state and as long as I've got responsibility for it I
OCT 141976
40
an answer for it, but 4/hen I de not have the responsibility for it
Can't. The illustration of that, say Atlanta and I think that's
1e Only place you're really talking about, say they went to 594 On
their's for some reason, some good reason, which we don't ... not
_part of and even describe, then I would be confronted with the
possibility of bringing before you this action, which means that by
a 4/5 vote of this Commission we've got to pass along to the telephone
aubecribers additional 2°% over and above what we're talking about
during this term of franchise. I really don't think that's quite the
fair way of going about it. I think the city has got a good deal here
they've got a growing base from year, they got growing revenues from
year to year and as long as that's protected and I think you'all have
taken every protection that I know of and certainly, within the State
of Florida you are thoroughly protected.
rather Gibson:
over with. I'm
Favored Nation.
Mr. Mayor, I'm hoping we could, you know, get this
willing to go to 25-years, providing we get the
You know, put it On the table.
Mayor Ferre: Well, let's see if we can get a consensus now, so I'll
accept a motion on the part of anybody . May I try to paraphrase
Father's motion? I think the motion should read as follows: That
this City of Miami Commission accept the negotiated terms as presented
to us, with the exception that there are two provisions that are added.
(1) That there will be a protective clause as discussed here this
morning -this needs to be outlined in legal terms. (2) That the
Favored Nations Clause include this whole Southern Bell Company System.
Now, as you know. the present recommendation is 25-years, so you don't
have to speak to than point. Now, is there second on that motion?
Mr. Plummer: Yea, I'll second the motion.
Mayor Ferre: All right, now on discussion.
Mrs. Gordon: On discussion for clarification. Those insertions,
rather than referring to them by previous reference will you please
outline them in detail?
MayDr Ferre: Well, ok, I'll try to, you're getting into legal language,
but then... In the first one it would read as follows: That the City
of Miami would have a protective covenantwhich would provide for a
minimum guarantee franchise payment to the city by Southern Bell if
they abandon the use of our streets as provided under this franchise
agreement. So, that in the case of limited only to the useage of new
systems and equipments;that would electronic in nature and would not
require the useage of our streets, that the city would receive a
minimum payment at the rate of the previous highest payment. Provided
that this swing was not based on economic considerations and that
Southern Bell would have the right if they went to an electronic
system to completely stop using any facilities in the city or to make
that minimum payment.
Mrs. Gordon: That troubles me, the last part. That's the part that
bothers me.
Mayor Ferre: That's the sudden death thing.
Mrs. Gordon: That bothers me. Up to that point, I think thats
all right, but up to that point, I mean, you know, what are we getting
out of it?
Mayor Ferre: Well, what you're doing is you're insulating the city
because I don't think there would be any way in which Southern Bell
could stop using all of the facilities, see and if they use any of
them they would then have to pay the minimum payment.
et' l
.41
OCT 141976
•
Mr'3. dOrdent Well, I'm not a lawyer, but I would question Mr. Weston,
'plow you could tie that down so tight, that it wouldn't be challenged
and you know, just to be proven worthless.
Mr. Weston: I think the concern you expressed is always present in
any contract, but I don't think that the way its proposed here is
necessarily that precarious. We'd have a problem ...
Mrs. Gordon: No, the big part doesn't trouble me at all. That's
g ood business sense. Good business logic, but the last part about
you know, ok, if ... If you don't want it anymore give it back
then we don't have any security. I think we have to... if.we are
going to give a term of years we're going to give a term of years
expecting a return during that term of years. Under any and all
conditions.
Mr. Weston: Yes Commissioner that's a question of what you want to
do, but whether we can do it legally is all that I'm addressing myself
to it and I think it could be properly worded where it could be
accomplished legally, but its a question of judgment, which way do
you want to go?
Mrs. Gordon: I don't want to give him the out. I don't want to •
leave anything, you know, for a way out. I'm sorry, but I mean, that's
how I feel about it. I don't know how the others feel about it. I'm
willing to concede on a lot of things, but I don't see any purpose
25 years, 20 years, 30 years, if in 10 years we might not have anything.
Mayor Ferre: Well, the philosophy behind it is if we're going to
ask on one side you've got to give on the other side. Therefore, if
you're going to take on one side you've got to give on the other side
from a practical point -of -view I don't feel that there's any way in
which Southern Bell could completely abandon and not use any facilities
in the City of Miami and the way this would be structured legally is
if any facilities are used then they would have to make a minimum
payment within 10% of what their previous high payment was. So, in
my opinion we are protected because of that. As, Mr. Brown said,
I think it's all a paper tiger anyway. Because there's no way that
they're ever not be able or not use the franchise streets. But, I
think we got to get some kind of a statement in there about it. If
we don't say anything about it. Then, I think then it would be an
open end deal where they put in an electronic system 15-years from now
there payments would start reducing and instead of paying us -two
million dollars they'd end up paying us a hundred or two hundred
thousand dollars and that's a slow debt and I would rather force an
issue to have sudden death on it.
Mrs. Gordon: Well. now when you go to the finance market to raise
collateral based or raise funds based on this for security and they
read if they read these franchise clauses they might say my sod, they
don't even have any guarantee they could be out of there in 3 years,
5,years, 4years, who knows when this miracle of electronic will take
place, so I think even by putting it in the contract we have inserted
... we're reducing the security factor that you're so concerned with.
Mayor Ferre: You may be right, Rose, I'm perfectly willing to strike
the whole thing... you might be right. It just confuses the thing
really.
Mr. Grassie: And, I think Mr. Mayor that you may be protected in any
event, because my impression of the current language is if they use
any city streets they'd have to pay the 3% .
Mrs. Gordon: I didn't hear you Mr. Manager, what did you say?
Mr, Grassie; My impression of the current language is the intent of
OCT 141976
0
dt the Current language is that if they use any city streets, one city
street they'd have to pay 3%.
Mayor Ferre: All right, I'll withdraw that. rather 1 think Roseits
right on that issue and I'll withdraw that. So, the only thing we're
left with is a Favored Nation's Clause.
Mr. Brown: Mr. Mayor, may I make a statement on that? To call some-
thing to your attention it may short cut some things. Would you
consider making that new franchises negotiated. Because if you
utlook
ok
at the present situation Atlanta presently is getting %
discounts which would mean that I have if I agreed to that situation
right now.
Mayor Ferre: I would accept that. In other words, any new franchises.
Not going back, but going forth. I would accept that. Ok, now,
then
the motion would then be, Father if you agree with it, that the only
thing that we're changing is that we go to a Favored Nations Clause
moving forward. Is that acceptable to you?
Mr. Plummer: Never let it be said that this Commission took a back-
ward step.
Mayor Ferre: Plummer, did you accept that as a second?
Mr. Plummer: Sure.
Mayor Ferre: Further discussion.
Mrs. Gordon: Ok. The rest of it was -- you want to repeat it all?
Mayor Ferre: No, there's really nothing ...
Mrs. Gordon: 3%, 25-years, you know, let's take it all hanging out...
Mayor Ferre: As presented with the exception of the Favored Nations
Clause going forward that's the only thing you have to put. The as
is is 25-years, you're not changing that.
Mrs. Gordon: All right.
Mayor Ferre: Further discussion. Call the roll.
Mr. Plummer: Just for the record, I had wanted 30-years but the
consensus to get a vote obviously is going to be the 25 and i vote
yes.
The following motion was introduced Commissioner Gibson, who
moved its adoption:
MOTION NO. 76-882
A MOTION THAT THE CITY COMMISSION ACCEPT THE
NEGOTIATED TERMS AS PRESENTED TO THE CITY BY
SOUTHERN BELL WITH THE EXCEPTION OF THE FOLLOW-
ING PROVISIONS:
1. A PROTECTIVE CLAUSE AS DISCUSSED THIS DATE; and
2. A FAVORED' NATIONS CLAUSE MOVING FORWARD TO ENCLOSE
THE ENTIRE SOUTHERN BELL SYSTEM.
Upon being seconded by Commissioner Plummer, the motion wag
passed and adopted by the following vote-
6.
COMMissloner Manolo Reboso
COMMiesioner '(Rev.) Theodore GibbOh
Commissioner J. L. Plummer, Jr.
Vide -Mayor Rose Gordon
Mayor Maurice i,. ?erre
Mf. Weston! Mr. Mayor, just for a point of information. Nudge
Horton is the attorney who has been working withrarticular problem.
He's not available this morning. He will be available this after-
noon. I think we should get together and get one final review of
these changes and have the corrected ordinance back for the Commission
to pass officially in this meeting this afternoon.
a) Accept plan not to exceed $2,500,000; and
b) The CITY MANAGER to report on feasibility
1TECTS: of boardwalk and waterfront aspects including
athletic sports equipment.
Mayor Ferre: We've already had a public hearing previously on whether
or not we're going to improve the Dinner Key Auditorium Area, so I
will not recognize anybody this morning on that subject. The only
thing that the recommendation of Commissioner Rose Gordon and I think
it was an appropriate recommendation. We called for a public hearing
on the design aspects as presented. Now, is there anybody here that
is here for that reason, that wants to speak on the design? I will
ask again, this is an officially... Mr. Manager, was this properly
publicized did the Clerk put this in the newspapers Mr. Ongie?
gigPOSITION -
HA
Mr. Ongie: Yes sir it was.
Mayor Ferre: This is a public hearing. For the second time I will
ask is there anybody here that would like to speak on the design
aspects of what has been presented? Would you please come forward.
state your name and address for the record and we will listen to
your.thoughts.
Thank you Mr. Mayor,
Mr. Donald Bierman: Bierman,Sonnett, Beiley, &Osman. . My address
is 600 Roberts Bldg., and I'm speaking in behalf of the major exhibitors
at the Dinner Key Auditorium. I'm representing here today Mr. Larry
V , Charles Stewart, Mrs.Gregory, and Larry Pearl. who among
them represent over 50% of the use of the Dinner Key Auditorium. I
would initially that our group has studied these plans. We are
enthusiastic for a rapid re -decoration and air conditioning of the
auditorium and for the refurbishing which has been proposed. We've
had the opportunity and the architects have been most gracious in
meeting with our group which makes sense that the users ought to have
some in -put into the design of a new facility. We have reached after
these fruitful discussions certain areas of impass. Atidong them are the
size of the lobby, the utilization of storage space, to give up
exhibition space and the parking, and today I'm only going toaddress
myself to the parking situation. The other areas I think, with
continued discussions we can work out. There seems to be a great
difference in the area of parking. The proposal by the Grove Group
on parking proposes that there be 935 parking spaces.
Mayor Ferre: Excuse me Mr. Bierman when you make a statement like
that would you also tell us what there is presently existing so that
we'll know exactly what ...
Mr. Bierman: Yes I was going to go into that whole area. The 935
parking spaces that the Group Grove proposes according to their
study replaces 1,026 spaces of which they say there are 978 useable;
we disagree.
Father Gibson: One thousand what?
M. Bierman; One thousand twenty-six 41,026) is what the Grove Group
00 OCT 141976
Says is existing.
'ather Gibson: And they prop0ae7
Mr. Bierman: And they propose 935 apace 0f whieh(Mnd this is very
important) of which 215 will be compact ears only. NOW, what we say
exist is 1,287 useable spaces.
Maio r Ferre: Well, wait a minute you're getting me confused, you
previously gave us a figure of 1,026 now whets that?
Mt. Bierman: That's the Grove Group's figure.
Mayor Ferre:
Mr. Bierman:
Mayor Ferre:
Mr. Bierman:
Oh, oh.
Of what they say exists.
And what do you say exist?
We say exist 1,287.
Mrs. Gordon: Obviously, one of you or both
to the same area.
of you are not referring
Mr. Bierman: May I respond to that Commissioner Gordon? We have
taken the Grove Group space areas that is as their design on (I don't
know what page it is) but it's their parking design page and it's
marked sheet #2A and we've taken those spaces and we have imperially
determined how many parking spaces there are not by counting the feet.
but by counting the cars. Now, last week or the week before in
October 3rd, a small show was at Dinner Key, the Arts and Crafts Show.
we took aerial pictures with a helicopter. We sent our personnel out
to count in those areas. We counted them both from the air and on th
ground and we have 1,287 spaces.
Mrs. Gordon: You think its perhaps because the cars were parked
closer together and then what good design would say they should be
parked. In other words. because of the, I think the difference
probably comes in because of the amount of... oh you said,they said
there presently is only ....
Mr. Bierman: That's right, and that's a very important concept .
because if you're coming to a lower number you have to know where you're
starting from. What you're cutting. And, in addition the Ferendino Plan
shows 1,240 spaces in the same area, which,the full size spaces which
the Grove Group propose to put 935 spaces.
Mr. Grassie: Commissioner, if you would? I have asked the consult-
ants to do a lot of work on this question of planning for parking and
I think that they can give you a very coherent organized...
Mrs. Gordon: I just want to know how there could be 260 some odd
spaces different in initial count, then we'll want to have him continue.
Mr. Bierman:
is existing
proposal is
We're 250 apart in initial count. Their initial count-
1,026. Our initial count is existing 1,287 in Ferendino
1,240. That's a lot of numbers to be throwing out.
Mr. Grassie: And. normally the reason that there's a difference
Commissioner is that people aren't talking about the same thing. We
have this outlined so that I think that its very understandable and
whenever you're ready we can have the consultants present it to you.
Mrs, Gordon: Ok. You go ahead and finish.
OCT 141976
f
r. Bierman: t thin, i would agree with the Manager that its Very
important and with you Cott►tTtissioner Gorct n that we be talking about
the same area and theta why we went up with our aerials. We drew
the same areas that they had and we counted only those spaces.
There is,of course, other parking which may be illegal or improper
or in other areas. But we've only counted those areas and that wai
the reason we did it and if the Commission would like to look at them
We have a...
Mrs. Gordon: In other words, the reason for your bringing that up is
because you feel that there will not be enough parking spaces, is that
it?
Mr. Bierman: That's correct. Let me complete on that point. What we
are interested very much in maintaining a balance between the beauty
and the esthetic values and the utilization of the parking areas. We
think that the Ferendino plan does that. The Grove Group has referred
to their landscaping as a forest. They would like to have a_ forest in
the Grove. They said at one formal presentation and let me say with
regard to that what we think is wrong with that and it is not only our
opinion with the 935 spaces and I think that's a charitable figure
because they've even told us the 215 of them are compact cars only.
We've contacted Lt. Herb Altman. who is City of Miami Traffic Control
with the City of Miami Police and discussed this with him and his
view on the reduction of spaces is that number one, it will drive
many cars into restricted parking and become a problem in this area
which we want to avoid and which we think the Commission wants to
avoid. Number two, and very important, the large number of trees inside
of the parking area will create a security and crime problem. A lot
of these shows and late at night if you have large clumps of trees
together the city police feel that this will create a mugging security
problem. And, finally, they've talked about the compact cars spaces
that enforcement will be nearly impossible to stop a large car from
taking two compact spaces to make sure that every compact car that
arrive goes into one of the 215 instead of going into a large space
they feel will be extremely difficult to do and so you'll lose more
than those spaces because you may have some empty compact spaces that
large cars cannot park in one in a space. We have contacted other
major parking areas in the area and through a sectarian we've been told
that the Orange Bowl, Miami Stadium, Miami Beach Convention Hall and
the Dade County Auditorium have no significant number of spaces set
aside for compact cars and that is a large problem area, so what we
basically said is that the Grove Plan, why_it may be very pretty, we
don't think would be significantly prettier than the Ferendino Plan.
What it is doing is taking 30% space loss right off from the existing
number and then in additional 20% of those being used for compact
cars, so in balancing between utility and landscaping the balance is
leaning way over to the side of landscaping and way away from utility.
It also takes away from the flexibility of the area for large shows,
f)r attracting when additional outdoor space is needed you cannot use
that additional outdoor space.
Father Gibson: Let me ask you a question? You would concede that
some of the pecularities of the Grove is just what they said, wouldn't
you?
Mr. Bierman: I don't completely understand the question.
Father Gibson: Oh, you understand what I'm talking about. You know,
we like trees and you know, ...
Mr. Bierman: Oh, yes I agree we like trees and we do like them and
the Ferendino Plan has got lots of trees. But they use them in a
vay I think, that the City of Miami in their regular zoning is very
careful about landscaping, thats one of the requirements. And, generally
in landscaping parking areas if you talk:about a 5' lois of usage
OOA I
OCT 14 1976
theta hot. Here we're talking about almost a `O/o loss of useage:
When you include the small oar areas
gather Gibson: Well, you know, I don't think that we in the city with
city property ought to just go to the bear Mihimuin.
Mr. Bierman: i agree with...I agree with you, but there's a balancing
point and what we're contending is that we're going beyond the balance.
Mrs. Gordon: Ok. You have any other points you want to bring up.
Mr. Bierman: No, not at this moment. I would like an opportunity
to respond after..
Mrs. Gordon: You will. You'll have that opportunity. Mr. Mayor,
you want to call anyone else forward?
Mayor Ferre: Yes. of course. Is there anybody else that wants to
speak on this item?
Mr. Plummer: I want to speak on it, but I'd like to wait until they've
made their presentation.
Mayor Ferre: That's right, but I'm not talking about you. I'm talkirr
about members of the public other than the Lity Commission. Is there
anybody else who wants to address this Commission?
Mrs. Gordon: For or against.
Mayor Ferre: For or against or indifferent or otherwise, is there
anybody, for the fifth time who wishes to address this Commission?
Anybody at all for any reasonany purpose, for or against, indifferent
comment.
Mrs. Gordon: Let's hear from the architects?
Mr. Borroto: Mr. Mayor, Commissioners, I think that we have to clarify
the previous statement because we have done considerable studies on the
existing parking and what we'are proposing and our figures are differi
mainly because their count have been different. We have based our
figures on the information given to us by the City of Miami and on
aerial surveys and division inspection of some of the areas. We have
here a drawing that was prepared. This is a drawing prepared a basic
study of three different things. One is --- ok, here we have studied
three different conditions. Number one,is the number of parking spaces
that are existing that is based on the drawings provided by the City
of Miami of the parking spaces that have been drafted on the floor and
also the assumption from us of what is useable of that parking spaces.
They are 8 ft. wide by a smaller dimension in depth because they are
reflecting the old standards of parking. Then, we've made a study
based on what is the maximum allowable parking with minimum landscaping
requirement and then we've made a study of what we are proposing and
the figures that we are talking about are the followings This is the
area in question, X think that the numbers that they have been making
reference to is this area here. Not counting this lower area because
there are existing buildings that eventually will be turned down.
But counting this area. Our figures show that there are 1,026 cars
parking spaces, according the City of Miami numbers in this area.
What we're proposing with all the landscaping that we intend to have
is 935 cars.
Mayor Ferre: Now, tell us what the minimum .,. that you would under
the present city landscaping...
Mr. Borroto: If we were to follow the City of Miami landscaping
ordinance to the point. We could get 959 cars.
OCT 141976
Mayor Perrot That's the important figure, nee. mouse me, in other
rds, what you're saying is by law by the regulation the maximum you
can get in is 959.
Mr. tiorroto: That;s what we are stating, right. NOW, then we have of
that we have 935, so we are sure in our count. What is it, 20 something
cars. 24 cars. Now, we believe very strongly that this project has
to relate to coconut Grove and that the main reason that we have been
here is that the Coconut Grove Architect, we are very concerned we have
our offices a block away. We think that the fabric of the Grove of the
trees that we have around the area should continue here. When we talk
about a forest we are talking about trees not a forest. We cannot have
forest and parking at the same time. However, we have taken great
pains in designing something that meets all the requirements of the
city and traffic and so forth and still provides for a large amount of
trees so that we could have a place that we'll be proud of. The
main reason that we do not like the auditorium now is because its a
bulky building sitting in sea of asphalt. We do not want that in the
Grove. We have taken great pains also in our design to control an
area here that we are calling as you remember, a community plaza, where
we can in that area bring in different types of uses, that if we're in
that area we can accommodate the large users. We are provided 3,600 sq.
ft. enclosed without landscaping to that side of the building, I don't
know if that is south or west or not. Where we can in here provide
space for large exhibitors. We can have an overflow into this area.
We are proposing a situation where the lower shed of the auditorium
could be used together with this community space for a daily use. I
think that the large exhibits are fine. They are more than welcome
however, we have to provide other uses for this auditorium besides once
a week and we think that there are community activities that can take
place here and we do not want to have tents all around the area without
any kind of design involved in it. So, this is our proposal. We think
that it is a very good plan. It's satisfied all the requirements of
the circulation and so forth and we are very close to the existing number
of the minimum requirement of the city.
Mrs. Gordon: Can I ask you how many square feet is going to remain in
4W the interior of the building on the air conditioning „will be air
conditioned, you know?
Mr. Borroto: I think we have 83,000 sq. ft.
Mrs. Gordon: Does that include the upper and lower levels or combination+
Mr. Borroto: No, that is this ground. The 83,000 is the ground level.
And, I think thatyou have those figures in the report.
Mrs. Gordon: Well, I don't have the report in front of me, so I'm
asking.
Mr. Borroto: The only area that we have taken from the interior space
is that we have enclosed two -sites areas that are now on use because
they're used for storage and we have put walls around it. So that they
could be used properly for a storage .
Mrs. Gordon: Will they also be air conditioned?
Mr. Borroto: No, those areas are not. That is the storage only.
We are increasing by 36,000 sq.ft., the exhibit facility by enclosing
I don't remember if you have the models by enclosing that area on the
outside, which will be a flexible.
Mrs. Gordon: That will be an addition to the 83.
Mr. Borroto: That is an addition of the 83, and that ie
In addition to the 83,000 is the 36,000 but that is •
OCT 141976
Mr. $orroto: That is an area that we have defined for this wiroofed,
W11iCh oouid take the tents that ate required for larger shows.
MIA. Gordon: lts unroofed, but not enclosed.
Mr. Grassie: No, no. It has a canvass cover; a canvass roof.
Mr. Borroto: It doesn't have a canvass roof. It will have. They
can accept canvass as we have defined in the area so that we do not
have the large tents in the middle of the parking lot. In other words,
we are saying let's have the parking lot. Let's have the cars and then
lets define the areas where major exhibits can come out to and what we
are trying to do is open space outdoors...
Mayor Ferre: Well, where would the tents actually go then?
Mrs. Gordon: They wouldn't have ... this would take the place of it.
Mr. Borroto:
Mayor Ferre:
big tent out
Mrs. Gordon:
tents. This
Mr. Plummer:
Mayor Ferre:
Mrs. Gordon:
Mayor Ferre:
They will have to go in that space.
Would you show it to me again? For example, there's a
there now, where would that t,%:It go?
As I understand that this will take the place of portable"
will be a permanent painted facility.
Where?
Where the tennis courts are.
Apparently, yea.
Larry, is that sufficient?
Mr. Larry Pearl: President of Exhibition Incorporation of America..
The area that the boat shows specifically is using right now is approx-
imately 65,000 sq.ft. adjacent to the main auditorium. The plan that
the Grove Group is showing relates to approximately 36,000 sq.ft.
I believe. So, what we're talking about with regard to the parking
area is providing not only a maximum amount of parking space but also
flexibility for renting the hall to any number of shows like the boat
show that we are using right now, who could perhaps use that exhibit
area.
Mayor Ferre: Let me ask you, how much harm would actually come to
the availability and you know flexibility by not having that extra
30,000 sq.ft. that you're talking about?
Mr. Pearl: The boat show that is currently going on and I think the
city is well proud of is the nations largest fall public boat show.
According to this plan which will restrict our exhibit area we will
have to reduce the show by approximately 30,000 sq.ft. in space.
Mayor Ferre: I recognize that after the statement that he made, but
how much harm will that do to these boat shows, that's my question?
Mr. Pearl: In reducing the 'show thats reducing a lot of companies
who come into the town to exhibit at the show. It will reduce the
significanee of the show. But this is only one show. There are
probably right now a half a dozen shows that use an equal amount of
space, so we're really not talking about just the boat show, but the
flexibility of an exhibit building. 1 think thats what we're talking
about.
Mayor Ferre:
that we have
Would you answer that. I think its a 'aid question
to talk about. Because...
OCT 141976
Mr. Borrbto: Well, I think that I can answer that. one problem that
we have today I believe with these large shows that 5ornehow they are
in scale much larger to the facilities. When you have to put 65,000
aq.ft. of extra space on a facility that is 83,000 sq.ft. that shows
that there is a problem.
Mayor Ferre: Yea, but that's in reality.
Mr. Borroto: What we are saying is aleo...
Mayor Ferre: Excuse me, see the problem is that the alternat.Ve
to that is that they're going to go to Miami Beach or some other
place and thats what we have to be worried about.
Mr. Pearl: :This is the analysis that the staff has made of this
particular question and if I'm wrong I think that we need to correct
it right now. Inside, we have something in access of 80,000 sq.ft.,
all right, that will remain. This particular exhibitor has had 40,000
sq.ft. under tent occupaying by the way several hundred parking spaces.
We will have 36,000 sq.ft. against 40,000 we will 36,000 sq.ft., which
will be under tent if they want it under tent. In addition to that they
have used approximately 20,000 sq.ft. of outdoor space. Now, they will
continue to use 20,000 sq.ft. of outdoor space if they wish or 40 or 50.
That simply takes up parking space.
Mayor Ferre: Under the trees?
Mr. Pearl : Yes. Now, really between the trees, really.
Mayor Ferre: Between the trees. What you're saying is that the outdoors
space thats non -covered Larry as I understand it and you'd have the right
to rope off those lanes and put your boats out there in the open.
Mr. Pearl: You'd have complete flexibility. And, this is what were
suggesting. We're not changing the design except the number of trees
in the layout.
Mayor kerre: Wait a minute did you hear what he said? He said, with
this program you could still rope off a lane, two or three lanes depend-
ing on how much parking you want to give up and still use those lanes
for your opened space boat exhibits or whatever..
Mr. Pearl: That's an area that we differ on. Its going to be virtually
impossible based on this landscape design to place displays in any ...
Mayor Ferre: Why?
Mr. Pearl: Well, there's no walking area, there's no define area for
boats or campers or whatever might be shown.
Mayor Ferre: Let me ask you a question. And, I'm just talking, let
me go down there and show you what I think...
Mrs. Gordon: While the Mayor is walking down I'd like to express myself
from this standpoint of my feelings about the whole project and as you
know I've not been in favor of retaining the large auditorium because it
is such an ugly structure and because it stands out like a sore thumb.
However, I want to compliment the architect for what they're attempting
to do is to hide this ugle structure in a sea of trees and if ever I
could digest this project at all its only because of what they're attempt-
ing to do.
Father Gibson: Don't worry I'll help you digest it. (laughter)
Mrs. Gordon: Thank you.
1'
000
OCT 141976
M ydr Perre Why for example in the fUtUre Couldn't you putt roses
in here from here to here say down to here , have this whole area
.I Understand what the Manager is saying at the present time
speaking without microphone....
Mr. Borroto: At present if you'll take a look outside where
they have the existing tent. This tent is effective about 60% the rest
Of it is completely waste and it's the ugliest site you've ever seen.
Now, Mr. Pearl perhaps has failed to realize that this 36,000 sq.ft.
of space that we provided on the outside is completely interrupted
Of any poles. Its a clear space. So, he's giving, instead of similar
he has 40,000 sq.ft. of which 60% is affected, something like 32,000
sq.ft. We are providing with 36,000 sq. ft. we're providing with 36,000
sq.ft. a much more flexibility. Further more we do have a design
pathway that links the building with a specific area where you can
these out door exhibits and it would be much more easier to control
and much more effective than what he has at present. And, much more
a beautiful thing to look at.
Mrs. Gordon: What did you say you have,a walkway?
Mr. Borroto: Yes, we do have a permanent walkway between the
southwest entrance, the main entrance now to this point over here and
this area can be completely roped off and be used for this specific
occasion.
Mrs. Gordon: Whets located on that very point where the bay, where it
forms the angle?
Mayor Ferre: No, no.
Mrs. Gordon: Where it comes down to the waterfront. Is anything located
there at all? Did you design anything to be place there?
Mr. Borroto: Yes, we do have a boardwalk along with a kiosk
that will be serving some of the waterfront activities and a park place
so to speak that people can use for picnicing for sitting and watching
the boats .
Mayor Ferre: Wait a minute, that's not part of this project, though,
you don't have the money for that.
Mr. Borroto: Its part of the design of the Master Plan.
Mayor Ferre: But we're not voting on that today. I wish we were because
I think thats a very important part of it. How much have you estimated
that to cost?
Mr. Borroto: We haven't estimated it yet , but its probably like
30,000 - 40,000 dollars or something like that. Depends on what...
Mayor Ferre: Talking about the broadwalk and the kiosk.
Mr. Borroto: No, no. I thought you were talking about this little
area here.
Mayor Ferre: And, how about the whole broad... see, I think one of the
important things that we need to do with this facility is that whole
design of the broadwalk and the bicycle path and the kiosk and the benches
and all of that should really be ... we should really move ahead with
that. How much would that cost?
Mr. Borroto: We do not know.
Mayor Ferre: Well, do you have any estimates?
OCT 141976
Bdrroto: No.
Mayor Perre: Stow don't have any idea of any perimeters or whats
involved?
Mr. Borroto: Well, we can bring them up very easily.
Mayor Perre: I think its important, really, if we're going to go to
this. 'ghat we're trying to do is get the whole thing as a unit where
people really can use it.
Mr. Borroto: Before we leave the point of the parking another of
the problems that we found with the large areas define for tents
Without trees is that the space of 230 cars,approximately, and we're
already saying that we are in an area where cars are important if we
go ahead and eliminate 230 cars more, then that creates a further
problem of 4-raffle.
Mrs. Gordon: Explain to me again, what are you talking about?
Mr. Borroto: Well, if we were to come in and put the tents in this
area for instance...
Mrs. Gordon: Oh no, I think that would be terrible.
Mr. Borroto: That would be a very difficult situation, that's why
we created this space here so that it can be controlab?e. So, that
it could be a nice place to have the exhibits and not lose the 231
cars.
Mrs. Gordon: Is there car spaces there now where you're putting the
tent, where you're putting the tent are there spaces now?
Mr. Borroto: Yes.
Mrs. Gordon: Well, that's where some of your spaces are coming from.
Mayor Ferre: As I read the consensus so we can move along. I think
this Commission pretty well agrees with the presentation of the architects
so would you ... anything else you wart to say.
Mr. Bierman: Yes there is. Number one, if we were talking about
26 parking spaces and giving up 26 parking spaces for the Ipeauty of
the Grove and we don't think the Ferendino Plan sacrifices beauty.
We wouldn't waste your time discussing it. But we're not and thats
the imperative thing to begin with. We'd like you to take a look at
whats being parked there now. with the aerial photographs, with the
aerial ... that the architects say that this plan this plan ....
Mayor Ferre: But you see Mr. Bierman exactly what you're pointing
is exactly why that place is a monstrosity and thats exactly what
we're trying to get away from. Now, for us I'll tell you if we were
to end up with this then I would switch my vote and go completely
with Rose Gordon, that's exactly what we're trying to change.
Mr. Bierman: I agree with you Mr. Mayor and if we look at the
Ferendino Plan which this Commission to be done which was paid for
and which was submitted includes on that same area with landscaping
and with nice landscaping 1,240 code parking spaces. Now. we have
chat with Ferendino whether or not his plan which he made for this
commission met with City of Miami Code and naturally his response
was that it did and he's got 1,240 spaces in the same area.
Mrs. Gordon: My vote was negative on everything up to this point
And time. I'm finally beginning to think that maybe it isn't such
.,, could be less than a monstrosity, so if you're going to go
backward you might find a_lot more people like myself who are trying
,%
OCT 141976
eet Bile themselves with whats happening.
ayor ?erre : Including me.
Mrs. Gordon: You know you want everything or are you willing td
eotfpromise, Southern Bell and we just did that very same thine a
little while age?
Mr. Bierman: I think as you'll recall my introductory remarks there
were several areas that we didn't even want to discuss here that we
disagreed with that we're more than glad to compromise on. But I
think we have to look at the numbers that we're compromising and
more important not to forget that of the 935 spaces planned here,
215 of them are compact cars and that is not a reality according to
the City of Miami Traffic Control. That is not a reality and I would
suggest that city planning and publicity, who will have to utilize
this facility be checked with to see whether the boat show and Larry
Pearl shows are not the only shows, while you have this hall you want
to make revenue from it at the same time not compromise the beauty of
it and we're suggesting that some compromise be reached and that there
be no less than a thousand spaces so that we don't lose 40%.
Father Gibson: Let me offer a suggestion. Since you said that, our
department should check with Tourism and all that. Suppose we instruct
the staff to do that and if they find if that's the case then them
come back and tell us and then if they find that thats not the case
you know. I think thats a fairly reasonable •r:.
Mr. Bierman; I agree with you. We want the decision to be made
based on fact.
Father Gibson: All right, do we need a motion or what?
Mayor Ferre: NO, I don't think so. Larry, I'm going tie point out to
you, I think if we get going with this, you know, all along one of my
big things here is to get rid of these war time Quonset huts that we
call offices. Now, if we can find and if the Manager can find a
solution for knocking down all those monstrous buildings that are
painted. I wish it was Irish green but its not even Irish green
or kelly green or any other kind of green. I don't know where they
got those colors but once we've bulldozed those things down. I think
number one, its going and we put trees in its place and this ... as
projected here. Number one, I think its going to be better. Its going
to look better and I think we're going to have some additional parking.
Now, furthermore I think once this thing gets going I would hope that
someday that this City Hall, once we move out of it and that may be
years ahead but once. we move out, this really should become a Marina
Center, you know, commercial center that we'll lease out with long-term
contracts where we can restaurants and so that this really will become
fisherman wharf type of a thing or a place where its a full recreational
visual and artistic experience for people to use this on water related
events and that I think will give us a lot more parking as we take this
circle out here and continue that kind of a pattern with trees, so that
we can have even more parking all the way over to Grove Key Marina,
really, so we're ... if this thing is as successful as I know its going
to me and you know its going to be, the pressures...you know, there
are two series about building roads, classical economic theory. One is
you build roads to where the needs are, that's the old version. The
new way of doing things is you build roads to the areas you want develop-
ed and the classical case is Kendall Road. When Kendall Drive was a
two lane little road there was nothing there, it was worthless. When
Arthur V. Davis had the genius and the ability, the muscle, I don't
know how he did it to get Governor Ferris Byrant toapprove monies to
extend a four -lane highway in the middle of nowhere, which is 15-years
ago that became the most important development area in Dade County.
Now, what I'm saying is that one of the ways to get parking is you
O C T 14197 6
4
either provide for it before or you build something that puts the
pressure on the government that then demands for you to put the
parking. What I'm sa#ing is let's get going with this thing,
Mr. Plummer: Well, can I ask a question? Do I understand correetit
that we are talking about that this is that which was approved at a
public hearing by the Group of Ferendino, Grafton, Spillis, and Candela,
that is what was discussed at the public hearing, is that correct?
Mayor Ferre: J. L. excuse me. No it isn't. This is why we are
having a public hearing today to approve this, because obviously
these architects did not come and copy with another architect
had done with a few little sketches we paid a lot of money for this.
This is an indepth study.
Mr. Plummer: We paid a lot of money for Grafton.
Mayor Ferre: Well, we didn't pay nearly as duch as we paid then,
see, what I'm trying to say J.L. is that the Grafton Study was a
preliminary architectual view of what could be done. This is an
engineer studied,detailed, fully expressed, elaboration, of a specific
project and what we're about to do here is at a public hearing either
* approve or reject phis or change it.
Mrs. Gordon: Well, didn't you say that the Ferendino was the feasibility
study , really?
41111,
Mayor Ferre:
like this is.
Mr. Plummer:
Mayor Ferre:
It was a feasibility, it was not an architectual design
Ok, may I continue?
Please.
Mr. Plummer: Mr. Manager, since we now have thrown out the basis out
which this was approved at a public hearing which is rather obvious
first of all I will object to that. Because I think that the people
were at a meeting in which a public hearing was held and we took a
vote based upon the presentation of the group who was there. Now,
obviously the rules of the game have completely changed. I know have
to ask a question, what has the dollars changed?
Mr. Grassie: I think the most important comment we have to mdce about
the dollars Commissioner is that the difference between the Ferendino
Grafton Study as I understand it and this particular study is that
this particular study address what is possible within an established
budget of 235 million dollars. Now, the difference between the con-
ceptualization that we had to begin with, which indicated to the city
commission what would be nice to do and this presentation is that
this presentation is designed to accomplish the project within the
budget and it is because of that;the budget limitation that we are
finding ourselves without some of the interior sports facilities that
I think your comments will eventually will address. It is strictly
a budgetary question as to whether or not you include in this particular
development all of the things that Ferendino Grafton identified as
possibilities in their much broader design oriented conceptualization .
Mr. Plummer: I thank you for second guessing what I might say. Now,
I would like for you to answer the question. Basically, at a public
hearing the public was invited, people reacted and we did *peak to a
21 million dollar project. Is that correct as reflected in the
minutes because you were'nt there?
Mrs. Gordon: Have you the minutes with you on that meeting? '
Mr. Plummer: Oh yea.
OCT 141976
1/ 101
Mr, Crassie: I guess t'M not sure Commissioner. 1 want to try and
answer but I'M not sure of what you're asking.
Mr. Plummer: Obviously, no body is sure but me, but everybody is
second guessing me, now in a minute we're going to get to the bottom
line.
Mayor Perre: Well, why don't you say what you have
in mind?
Mr. Plummer: Well, I'm asking some questions as a preface Mr. Mayor.
Mayor Perre: Oh, excuse me.
Mr. Plummer: Do I understand that this total facility is air conditioned?
Mr. Grassie: Yes.
Mr. Plummer: Total?
Mr. Grassie: Well, we made exception for the storage area, that's
not air conditioned. You understand that there is an outdoor area
where we showed tennis courts, that's not air conditioned.
Mr. Plummer: I understand.
Mr. Grassie: But aside from that, yes, it is air conditioned.
Mr. Plummer: But the 120,000 sq.ft. is air conditioned?
Mr. Grassie: No sir. 83,000 sq.ft.
Mayor Ferre: Well, 83,000 is the bottom floor, but it also has the
second level and thats what I get confused...
Mr. Grassie: If you count that twice, yes, that's air conditioned
also.
Mr. Plummer: Ok, because I'm going to refer you back that the
21 million dollars did include air conditioning as worded here and
I will quote: Air conditioning, the total facility will be air
conditioned.
Mayor Ferre: Well, the answer is yes as I understand it.
Mr. Plummer: All right, let's get these exceptions in the -record.
Mayor Ferre: Whats the exceptions? The restaurant show? What is
your proposed useage for that space? Oh a restaurant. So, whoever
puts in a restaurant has to air condition it.
#r. Plummer: That's 7,000 sq.ft., is that correct? Which in the
Ferendino, Grafton is included in the 21 million dollars, ok? Number
two, I question now, we spoke before of the floor and as I recall
the commett, The comment was that they are not doing anything about
raising the floor, is that correct?
Mr. Grassie: That's correct, Commissioner.
Mayor Ferre:
Mr. Plummer:
matter yet.
Mayor Fence
J.L., could I ask a question?
Sure, ask your question. I'll get to the
Larry, is that an important thing in your
guts of the
opinion?
OCT 141976
lr
Mt. tarry Peari: I ..oink if the floor is smooth and I believe
thats idea that this will certainly handle what activities are going
On.
Mayor Ferre: I mean, you can live with the existing cracked fioor-
and all that?
Mr. Larry Pearl: Absolutely.
Mr. Plummer: Well, Mr. Mayor, I think you should...
Mr. Larry Pearl: But their plan calls for I believe smoothing it
over.
Mr. Plummer: I think, Mr.Mayor you should be aware of what was
presented to the public and what was in fact agreed upon and a dollar
figure set.of roughtly a half a million dollars.
Mayor Ferre: Excuse me. I only have one problem with that statement
you said as presented to the public.
Mr. Plummer: That is correct.
is Mayor Ferre: All right, I want to distinguish between the public hearing
and the presentation, the final presentation brought here by Mr. Candela
of the Ferendino, Grafton firm.
Mr. Plummer: For your edification Mr. Mayor I am referring to this
book which was at that presentation, ok. I want to know how we now
equate the fact that in many areas and I'll be glad to furnish you a
copy that it was demanded that new construction be done on the floors
but now we don't find it necessary, and the price included, the new
floors? Now, I think we're getting cheated.
Mayor Ferre: Would you answer that?
Mr. Plummer: Now, let's use one, using the ... most of it is in the
showers, the lockers, new construction of floors, outlined, how many
feet, and how many dollars? Now, suddenly we're talking about this
isn't going to be done ; but the 21 million figure is still there.
Mayor Ferre: All right, would you answer that please, the architects
into the record?
We've attempted to provide the maximum facility for
the budget, which we were told could not expanded. It was a limitation
on what we could do. The cost of putting a new floor-- we considered
was 150,000 dollars, which we did not have after air conditioning the
building and providing the exterior treatment to the building. We
recognized sports were difficult to have in this facility because of
the lack of seating and storage facilities for the seating and that
therefore smooth floor would be adequate for normal exhibition purposes/
For sports you would have to have a floor which was raised about 8 inches
to make it level on the existing floor. This created other problems with
doorways and when we truly investigated the problem from a cost benefit
point -of -view we decided that we didn't recommend it with this budget.
Mr. Plummer: May I quote Mr. Mayor? From the minutes of July 20th.
Mayor Ferre; J.L., look we all agree, you're right, you've done your
research and the minutes said... go ahead.
Mr. Plummer: Sir, I refer you to the meeting of July 22, Bayfront
Park Auditorium. I would like to read you just a quote, from then
Manager, Mr. Andrews, in which it states: (I'll take out of context,
if you wish I'll be glad to read the whole thing). No other than I'm
•
OCT 141976
110 it
recommending that we go ahead and achieve this. I want to tell you
hbW t believe the funding could go together. I want to indicate and
1 Want Mr. Grafton to verify that the 21 million dollars is outside
(outside) figure, that they were very conservative in estimating this
so that in the event some of the improvements are absolutely needed
such as something done with the flooring beyond what We raw anticipate
it would be included.
Mayor Ferre: Is that a period?
Mr. Plummer: Period.
Mayor Ferre: All right, now may I say something? Look, .66
Mr. Plummer: Excuse me, no I'm sorry, let me read one more sentence.
We could back down from that figure and it hopefully might be only
2 million dollars, rather 21 million dollars. Now, what I'm saying
is Mr. Mayor is that we sold a bill of goods to the public in which
it was indicated the floor was going to be redone for the 21 million
dollars figure. If you're not going to do it, then I think the
figure should revert back as indicated here to the 2 million dollar
figure.
Mayor Ferre: All right, look, before you answer, let me ... look,
may I say something to this point? I just want to make a simple
statement to this point. I agree with you that this is not the
same identical thing that we went over with the Grafton- Ferendino
firm, none of these things are . They never have been. They never
will be. These are not chiseled in stone. The Ferendino-Grafton
proposal was not the same one that T. Brussel made five years ago.
These things change. as we move along and we get to the reality of
it;a year goes by, inflation takes place, there's a 10% increase.
We recognize what we can,what we cannot do. This is not theory, this
is reality, hopefully. Now, with regards to the floor; yes we can
spend 150,000 dollars to improve the floor. The main user of the
facility, Mr. Pearl states here, it is a matter of priority in his
opinion it is not necessary at this time. Now, with regards to the
floor I recognize that if we spend $150,000 we would have an improved
floor, but the problem is two -fold. First of all, that you would to
raise the floor 8". This creates problems with tractors and other
bolts and things coming in that would make constraints and would not
be worth the fixing of the floor. Number two, if you fix the floor
and you get heavy equipment the floor will crack again so that 21.or 3
years from now we're going to be in the same place that we are at the
present time. In other words, I think, that the floor in my personal
opinion is not a major matter. What I do think is important, however,
I would like after you finish the question is the question of the sports
bleachers and facilities, but before we get into that I want to ask
Larry Pearl again, this facility is turning out to be mainly an exhibit-
ion space for flower shows, flea markets, boat shows, home shows, things
that people do not want to go to the beach on. There is no other
facility and as I see what we're really doing is air conditioning, paint-
ing this place, operating it a little bit where its at least useable.
We're going to increase the prices we're going to charge and we're going
to landscape it so that it doesn't become an sea of asphalt and cement
and concrete for automobiles. Now, I ask you from an economic and
from a service point -of -view, how important are the sports shows. In
the first place we cannot get nationally regulated hockey league teams
to place here because its not large enough. They require a minimum
of 12,000 seats. We cannot get national basketball association teams
to play here, because again it is not the minimum requirement size.
Now, the only thing that then you could get are non -regulation, non-
professional teams to play here, possibly boxing matches, possibly
tennis tournaments. Now, from an economic point -of -view other than
boxing and I think it would be too small. Certainly, you'would't have
Mohammad Ali fighting here, because he'd go to the Beach.
OCT 141976
('t)
So. What yu're tal 2ng about is minor boxing,, nd is there enough
Money in minor boxing and is there a demand? And, I would imagine
there is for sports facilitices and how would you recommend that we
§o about;would the private sector provide the bleachers or how do we
801ve this problem? So, you're the practical guy, because you're the
guy that making a living on it.
Mr. Pearl: I concur with your theory, as a matter of fact those
activities that could considerably be housed at Dinner Key, that would
require a solid raised floor, in fact very small. And, economically
this wouldn't be the first 100,000 dollars to be spent or 150, so in
fact I concur with you. And, again, its a question of priorities.
Really, what you're doing is air conditioning a facility dressing it
up, painting it and making it work. Certainly, people like myself
are users and the public more importantly are entitled to this, so
agree wholeheartedly with it.
Mayor Ferre: What? You're refurbishing the floor. All right, now
It me ask you to the second part about the bleachers and the sports
arena and all that stuff.
Mr. Pearl: Again, you must have a need before you can go out and
purchase this kinds of equipment.
Mayer Ferre: How much would you estimate, guess is a better word that
bleachers of this nature would cost? H ave you made an estimate of
that Mr. Borroto?
Mr. Borroto: We have made a very detailed study of all the requirements
for tennis, basketball, the difference.... several courses.. based
on some of the drawings that Ferendino have. However, looking at the
Ferendino reports as a beginning, we understand that it will ---
severability study, it did not have detail planning like we have gone
into, which goes as far as how many bleachers you can get, how high
you can go. There is ceiling limitation,etc., so based on our study
this is the figures that we're presenting to you here and what they
tell us is that number one, it was not budgeted in the original
feasibility by Ferendino-this facility and that they can take place if
these monies are available and we do not consider ...
Mayor Ferre: Now, wait a minute, because right there I think I'm going
to agree with Plummer, that as I remember the presentation that E.Candela
made or Ed Grafton, or both of them they had included bleachers in their
presentation.
Mr. Plummer: Not in the cost.
Mr. Borroto: Not in the cost, no.
Mayor Ferre: No, are you sure of that?
Mr. Plummer: They showed a lay -out Mr. Mayor. Here again, what I'm
getting back to. They showed a lay -out of 6,240 seats. What I'm
getting at is this Mr. Mayor, and here again let's make the record
very clear. I voted against it,ok. So, I'm saying to you... I voted
against re -doing Dinner Key. Now, what I'm saying to you -is Mr. Mayor
that at that public hearing before we sold ... I shouldn't use that
term. We presented a thing to the public in which, that as I understand
what was agreed upon the public understood from the Srafton-Ferendino
report, that certain things would be and now they are not, even though,
the dollar figure is remaining the same. Now, just to answer your
question here Maurice, you can see here that in this configuration
they showed total seating of 5,800. Here, for this configuration of
basketball a total configuration of basketball, a total configuration
of 6,210 and on through and on through. Here for tennis lay -out, they
showed us 5,400 seating. So, I have researched this extensively, they
are correct. The money for the seating is not indicated in the proposal
OCT 141976
But that 1 am saying is this, that at that presentation to the public
and to this Comtission they said, here is what you should do with
binrer ICey, now none of this being included in this proposal. One Of
the things Mr. Mayor, that you went on an repeatedly went on is the
figure and you used the figure 120,000 sq.ft. of exhibition space.
Now, we find out that its not 120,000 sq.ft. of exhibition...
Mayor Ferre: I was wrong.
Mr. Plummer: Well, you see, I'm saying to you Mr. Mayor that I feel
to be fair with the public if we are now going to adopt something
different than what we presented to the public in the initial thing
that I think Mr. Mayor, we've got to go back out and explain to the
people. Mr. Mayor, you've qualified this public hearing at the
onset.
Mayor Ferre:
Mr. Plummer:
only to those
Mayor Ferre:
Mr. Plummer:
Tell me what the qualification was.
Yes, your qualifications were, that this was going to be
people who wished to speak on this proposal.
On thedesign.
That is correct.
Mayor Ferre: Isn't that what we're talking about?
Mr. Plummer: Mr. Mayor, when you tell the people of Coconut Grove
that you are dropping from 1,240 parking spaces which was proposed
and presented at that hearing. that 935... they're going to be ---
Mayor Ferret. Thrilled.
Mr. Plummer: They're going to be thrilled. Ok. We have a disagree-
ment.
Mayor Ferre: Look, the purpose of this public hearing is precisely
to go over the design composition as presented by the Grove Group.
This has been a duly advertised hearing. It is legal. It is proper.
I thank Rose Gordon for insisting on it. I concurred with her then
and I concur with her now and we're either going to go with thing and
kill it today.
Mr. Plummer: Well, I don't agree with that statement but'you're
entitled to your opinion. Let me ask another question. The far what
I will call the west side, the low root, are you familiar with where
I'm speaking, is that to be air conditioned? That is to be air condit-
ioned. What about the floor?
Mr. Borroto: All the floors of the exhibit'space are going to be
repaired. The only thing, and I think, that there's been a misunder-
standing in what a new floor is. If we are going to go ahead with
the new floor its not only the hatter of the money. Ita the impractic-
ality of putting the new floor and in that report you have seen some
of our remarks of how it has to be done thats it eventually in less than
a year it will be in the same state as it is now. So, its not a matter
of beyond the money matter. It is a problem of it being impractical
when we can repair the floor today and have a good working surface.
Mr. Plummer: Mr. Manager, what has been negotiated as their fee, the
architects?
Mr. Grassie: Only the fee that you're aware of based on the agreement
that's already signed with them.
Mr, Plummer: Which is what sir?
t.
OCT 141976
, dr'assie: 6%, Ara, tell me.
Mr.pluirrer: Of? $223,00005k,
Mr• Grassie: Well, in that Case its more than 6%► That'a e1oser
to 81/2%.
Mr. torroto: That includes construction, supervision, and it includes
also the Master Plan. An update of the Master Plan.
Mayor Ferre: Master Plan and the working drawings for whatever improve-
Ments are made, the whole thing, all the way through, til cutting the
ribbon.
Mr. Grassie: And Mr. Grimm tells me that its included in the 21
Million dollars.
Mayor Ferre: By the way, what's your construction time estimate
or time to put the trees in, do the whole finish job?
Mr. Borroto: There are ten months altogether.
Mayor Ferre: 10 months?
Mr. Borroto: Yes. Our next phase is 2 months - 60 days for design
and 120 days for working drawings at which time the building goes out
for bids. So far we have been waiting since June to receive this
approval.
Mayor Terre: That's six months. Can't you cut that now and getthis
thing going a little quicker than that?
Mr. Borroto: Well, we waited June, July, August, September, and
October for a decision to proceed.
Mr. Plummer:
in 75 that it
Mayor Ferre:
Mr. Plummer:
Well, Mr. Grafton indicated from time of that meeting
could be finished in 10 months.
A year has gone by since then.
Yeah, I know.
Mayor Ferre: Well, where are we J.L., what other questions do you
have?
Mr. Plummer: Well, Mr. Mayor. I think we've got to address the
problem, what is going to be done about the seating, are we going
to include it? Are we not? Well, I'm asking. I think these
determinations have got to be made.
Mayor Ferre: All right, I would like to ... I'll give you my
recommendation. This is the one vote here for this. I feel that
after this public hearing we should vote to proceed immediately on
this project and tell them to make the working drawings and let this
thing go out for bid and hopefully quicker than six (6) months.
#2. I recommend that the Manager be instructed to look into the cost
of the boardwalk, the seating around the boardwalk, the kiosk at the
corner that Rose was asking about. #3. That, a feasibility study be
made on whether or not it warrants the expenditure of $300,000 for
the city to purchase the bleachers and seating facilities, at which
time we will decide whether its worth doing. The big question that
I have is where in the heck are you going to store all those bleachers.
Mr. Plummer: They're collapsible. They push in and pull out.
Mayor Ferre: They're collapsible, but once You collpase them you got
to push them somewhere or another, and .,,
OCT 141976
ot
Mr, Plummer: They push back in like an accordion, That Was what
drAfton presented to us. Excuse me.
UNIDINTI?I*BLE PESON: They're not feasible for this building► beCause
there's no place to stack it against.
Mayor Ferre: See, when you're talking about six thousand seats, what
are you going to do with 6,000 collapsible seats. Once you collapse
them you got to move them someplace, you can't ... where would you
Move them too?
Mr. Borroto: You would need an additional to start these.. . depends
Oh the building, because of the fire requirements and the exist re-
quirements and the many various uses that the ground floor will not
permit. any storage aganst the wall.
Mayor Ferre: ---- Let me ask you this, collapsible and all that,
6,000 seats, how much space would you require?
Mr. Borroto: I don't have this.
Mayor Ferre: Will you need 5,000sq.ft., 10,000. 20,000 sq.ft.?
Mr. Borroto: No. We do not have the exact sq.footage but we'll
be happy to provide it.
Mayor Ferre: Well, I think thats a secondary decision my opinion.
I think, again, I repeat what we ought to do is move ahead with this
project. Number one, number two, instruct the Manager to come back
with a feasibility recommendation on the boardwalk part and a feasibil-
ity on the seating. Even if we don't go to a sports seating thing.
As far as I'm concerned just as a exhbition space we ought to move
ahead. If we don't do the sports.seating. Now, if we find another,
300,000 dollars or half a million dollars to do the sports arena and
you can justify that we can get it paid back over a 10-year period
or something like that, fine. That's my opinion.
Mayor Ferre: Any other comments?
Commission? Is there anybody else
on this one more tine? All right,
Well, what's the will of this
in the public that wants to speak
what's the will of this commission?
Mr. Reboso: That we move ahead Mr. Mayor.
Mayor Ferre: All right, Commissioner Reboso moves that the plan as
presented at this public hearing be accepted and that the manager be
instructed to proceed with the finalization of this project. Seconded
by Gibson. Further discussion on this Call the roll.
Mrs. Gordon: You're just talking now to the design plan and the
cost factor to be in under the 21 million. I am not, never have been
for the renovation of this building, but if it has to be the will of
the majority of the Commission that it be done then I approve of the
architects work.
Mr -Plummer: Because I feel that it does not comply with that which
was presented to the public I will vote no.
Mayor Ferre: I vote yea,
ThO following Motion was ifitroddoed by mrissi s ief Aaboao
uha moved ita adoption:
MOTION NO. 76-883
A MOTION ACCEPTING THE PLAN AS PRESENTED BY THE GROVE
CROUP ARCHITECTS FOR PLANNED RENOVATION AND IMPROVE-
MENTS TO DINNER KEY EXPOSITION HALL WITH A DOLLAR
f'IGURE NOT TO EXCEED $2,500,000.00.
Upon being seconded by Commissioner Gibson,
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, and
NOES: Mr. Plummer
ABSENT: None.
the motion was
Mayor Ferre
Mayor Ferre: Now, would somebody make a motion, if not, I'll be happy
to do it. That the Manager be instructed (1) along with the architects
present a feasibility of the boardwalk, waterfront aspects of this and
(2) the sports facility aspects of it.
Mr. Reboso: t move it.
Mayor Ferre: All right, moved by Reboso. Seconded by Gibson. Further
discussion. Call the roll.
Mrs. Gordon: Just on discussion on that aspect of it. It appears to
me that the boardwalk and the view, the pointview would come out of
the park bond issue, wouldn't it Mr. Mayor?
Mayor Ferre: Well, let the Manager come up with his recommendation
as to how much its going to cost in the financing. I certainly would
go along with that if you fund it that way. But, let's give them an
open hand to come back with recommendations as to (1) what it will
cost (2) how it he would fund it.
Mrs. Gordon: All right, you just them to give you recommendation.
All right.
Mayor Ferre: Further discussion. Call the roll.
On Roll Call:
Mr. Plummer: To look into the matter to determine a•cost factor
I will vote yes. May Q have one clarifi. ttion Mr. Mayor, do I
understand on the first motion that thi .s not to exceed a total
figure of 21 million dollars?
Mayor Ferre: Thats correct. That was the motion that was made.
The following motion was introduced by Commissioner Reboso who
moved its adoption:
Motion No. 76-884
A MOTION INSTRUCTING THE CITY MANAGER TO INVESTIGATE
AND REPORT THE FEASIBILITY OF THE CONSTRUCTION OF A
BOARDWALK INCLUDING WATER -FRONT ASPECTS AND POSSIBLE
CONSIDERATION OF PURCHASE OF ATHLETIC AND SPORTS EQUIP-
MENT IN CONJUNCTION WITH RENOVATIONS TO DINNER KEY
AUDITORIUM; THE CITY MANAGER TO REPORT HIS FINDINGS Ti
THE CITY COMMISSION AT A LATER DATE.
OCT 141976
olIPRIMIPR
%
Upon being seconded by Commissioner Gibson,
Passed and adopted by the following vote:
' Commissioner Manolo Reboso
CoMmissioner (Rev.) Theodore Gibbon
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
Mayor perre: All right, now. I didn't
in. I just wanted to get the vote over
bring something out to your attention.
there in that open space. I think that
courts.
the motion Wad
NOES:
None.
want to these discussions
with. But, now I want to
On the tennis courts, out
's a bad place for tennis
Mrs. Gordon: Where is it at Maurice?
Mayor Ferre: You see the two little tennis courts there in the en-
closed area. Let me tell you why I think thats a bad place for
tennis courts. Number one, you're going to have a wall around that
and I think there's a safety problem there. I'd like to recommend
Willie, that you consider putting there perhaps handball courts.
I'm sure Irwin Christie will be very happy with this. Because number
one, we don't have any handball courts anywhere in the area. Number
two, you have a natural wall anyway to deal with. Number three, I
think you'll have more people using the tennis courts and I am going
to recommend later on when we talk about the Master Plan, the area
where we presently have buildings on the northside, you know, of the
Pan American Drive where there are some buildings there. When we
tear those buildings down. Right behind Merrill -Stevens, I think,
that, thats a perfect area to put six or seven tennis courts. The
tennis courts, I think have to be out in the open. because I'll tell
you you're not going to have too many people go and play tennis in
enclosed that way. They're going to be scared, you know.
Mr. Borroto: I agree. I think that what we're saying is that this
is a very flexi i}Respace. That we can study that grap all the sports
that we can get, the handball, the many different things that can
happen there and then when there is a show ...
Mrs. Gordon: You might even have shuffleboards there for that matter.
You could have most anything.
Mr. Borroto: Many different uses here. Because, I hate to see
5 days of a week this place not being used. That's what I think
Mrs. Gordon: Reflexible recreation area for the public. I think
that's a good idea. Are you through with this Mr. Mayor? Can we
have a five minute break?
Mayor Ferre: We'll take a five minute break now.
1
PRESENTATION BY SPENcE B i MEREDITH $ GROVE KEY MANNA, INC,
NOOSED RESTAURANT FACILITY'
the next item on the Agenda is item No. 3, which is a presentation by Spender B
Meredith, President of Coconut Grove Marina, Mt. Meredith, if you will Sit,
Mt, Meredith: Thank you. Mr. Mayor, Vice Mayor Gordon, members of the Com-
hission, I am Spencer Meredith, President of Grove Key Marina, for the record.
Last March we came before the Commission to talk about some major improvements
that we'll be making to the Marina facility that we lease from the City. Just
to bring you up to date on what progress we've made so far, we bought a $70,000
forklift, we completely replaced the existing system of docks that were there
with some new docks, we have expanded our storage capacity as you can see, we
have painted the hanger and put an awning in the front, we have done a number of
landscaping projects and we are right in the middle of some landscaping right
now. The building that you see being put up over there is the new Captain Dick's
Shack which will replace the old wooden frame 20 by 30 shack that was there. It
is actually double building because we are building it to code and it is a concrete
building; it will have a cypress exterior and it will have shingles on it and it
will be very heavily landscaped and should be something that ties in with the
overall concept we have of the Marina as a whole.
Mayor Ferre: Are you going to cover the outside with wood ?
Mr. Meredith: Yes, Sir. we have already gotten some pecky cypress out of the swamp
and it is going to look great. That brings us to the subject of this morning which
is the restaurant and the way our lease reads on that - it says: "The Company and
the City shall negotiate for constructing and operating a restaurant facility on
the leased premises. The terms and conditions relating to this food and beverage
facility shall be determined by mutual agreement between the Company and the City
and such agreement shall be subject to approval of the City Commission." So what
we would like to do this morning is show you our proposal for the restaurant and
to see how we can move ahead with it. In developing this proposal, we started out
with certain Key objectives. First of all, it was recognized that the Dinner Key
area, as an entity, is a contiguous peace: of water -front property. It is about a
mile long and it is composed of many interrelated parts. You may remember :hat
oak last January we made a pre.entation to the Commission as to some of the ideas
of how some of that area might l;e developed. And what we are doing today is a
continuation of our efforts to constantly be looking at that area and thinking
/A about it and doing whatever we can to help develop it. It is a very heavily Marina
oriented area because of the protective ancherage for boats and there are actually
close to 2,000 boats in this area counting what stored 'n the water and what is on
land. Finally, the City has indicated through its actions that it has a desire to
involve to a greater extent the general public in these water fun activities; so,
recognizing those objectives and then recognizing the Grove Key Marina's function
is as a Marina, we have gone as to how to develop this restaurant facility so that
it is coherent and fits in with the whole plan. Now, on that, we've got as you can
see, an areal photo of the entire area there immediately around us and if you would
like I'll point out to you what the facilities are and I'd like to point the area
that we are talking about as far as the restaurant itself. I'll start out by
delineating the lines of the property that we lease from the City and I apologize
to the audience that you can't see this but...don't quite know how to set it up.
It runs down along this line here along Pan American Drive, comes around behind
where we are storing boats on trailers, over here through an alley, up along a fence
that we share with Merrill Stevens, back out to the point out here and around across
the waterfront area.
Mayor Ferre: Well, now, technically let me ask you, see that green?...up in the
corner...how far down is your property?..Do you go into that green area there?
Mr. Meredith: Yes Sir, we run to th's point right here and our plan calls for
moving the office out of this hangar here to make some more storage room and putting
it out in this point right here.
Mayor Ferre: Do you mean you are actually going to build something there?
Mr, Meredith: Yes, we are. It will be a 20 by 30 ...it'll look like a....well,
you saw the little shed we had out there that we remodeled for the elevator.
Well, the office will be of the same style, It will have a white tile hip roof on
it, and will look like a little bohemian gate house with a lot of flowers around it
and it should be ....
C
OCT 141976
+�t 'ette Would you have the tight 'ram that property tda'aassuhing that
6 City would approve it, the Lt. hoard af►d all that....., td put a pier out
ere?
Mt. Meredith: Our lease gives us the permission...in the present lease that
we have now we have the right to put, according to the lease at any rate...
Mayor Ferre: Do you see that northern pier there?...Suppose you were to build
one on a parallel to that,..follow me,..from that place where you are going to
put your office going out in that direction, parallel.
Mr. Meredith: Well, that is certainly an interesting idea. I'd like to
have some time to study it only because of the problem of the northeast wind
that comes in here six months out of the year.
Mayor Ferre: Well, how do the boats on that northern problem handle that?
Mr. Meredith: Well, the ones that are in this area right here generally complain
about it and there are smaller boats.. This whole section in through here is
very well protected by these moles out here and I think the piers over in this
side are very well protected by the one on this side. We have a lot of problem
with the sea under certain wind conditions, northeast which is predominantly
your winter months would start blowing this way.. But, I'm not saying that
that is an unsoluble problem, I'm saying that when you get into the subject
of quoting breakwaters and breakwaters, that is a thing that I like to certainly
investigate and report back because it is a very exciting idea, and we'd be
interested in it. At any rate, as you can see here, there is a vacant area
out on that point and that area we have always -ever since we've started here -
kept in mind as an area where it would be an ideal site for a restaurant because
the public can come down here and they can look out and watch all this building
activity.
Mayor Ferre: Now, wait a moment. It is more than that Mr. Meredith. When you
got your lease, part of the agreement that this Commission came up with is'that
you put a restaurant there. It is more than just...
Mr. Meredith: Yes Sir I'm just saying that our thinking going back even a long
time before that was that that would be an ideal site for it; so, with that as
a reference point then I think I'll go ahead. In order to get a restaurant out
there, we spent a lot of time thinking about how to coordinate the reataurant
facility and the traffic flow and the public patterns and everything, so that
there would not be a conflict with any of the present Marina services or any
reduction of the Marina services or storage capacities that we now have and
we have worked that problem out so instead of reducing anything, we are adding
a new function to a piece of property, we are getting better land use out of
what we are already using. Now, the overall plan that we showed you this
morning was developed with Dave and Dave who did the design
for the restaurant itself. These are people that we have been working with
for the last several months; we are enormously impressed with them; they have
extremely solid backgrounds in the restaurant management business going all the
way back to the time they were in college.
Mayor Ferre: Do they operate other restaurants in the city?
Mr. Meredith: Yes Sir. Yes they do. Dave is one of the founders of
Burger King and Dave was one of the vice presidents of Burger King
back in...oh, I don't know, I guess 1969. They have six Bodegas Restaurants...
Mayor Ferre: Is that the one down South Dade on Dixie Highway...
Mr. Meredith: I think there are four in this immediate area, and I think they
have two out of town. They are partners in several other restaurants, they
have an involvement in The Down -Under in Fort Lauderdale, which I think is one
of the outstanding restaurants in Florida. The paper in Jacksonville just had
a full page article this last Sunday on a restaurant they are doing up on the
St, John River...
Mayor Ferre: In other words, these are people that have a track record in
restaurants and they have existing restaurants that they are operating that
are successful. Is that correct?
OCT 141976
41
Meredith: Mayor, that is the truth,. We have spent a lot of tithe together
hd their thinking is the same as outs in terms of quality, in terms of a really
outstanding operation, good food = which is the heatt of a good restaurant.
Mayor Ferre: Let's see what you've got.
Mr. Meredith: I'd like to ask Dave Tolty to present the part on the
restaurant.
Mr. Tolty: My name is David Tolty. I'm President of the Universal Restaurants
Mr. Mayor, Vice Mayor Gordon, Commissioners. What we'd like to do this morning
is to give you at least a preliminary idea as to how this restaurant could be
developed and how it would fit into the Grove area. In the start, if we could
I would like to show you some slides. It is interesting that in the South
Florida area there really have been very few waterfront eating facilities, no-
where near the number, at any rate, that there are in other parts of the country.
particularly in California. And every year Dave Edgerton and myself travel
around the country to see what is happening. But there are several of them
down here even though most of them are located in Broward County and we'd like
to just show them because they represent generally the feel that we are going
to try to create in this facility. Initially, we are going to show you a series
of interior and exterior shots because the exterior of these restaurants are
very important in terms of the total feel that you are going to create and the
atmosphere that you are going to create both in the adjacent environment and
for the restaurant itself. The first series of restaurants we showed you
were the Marina Bay, up in Fort Lauderdale, it is called the New Storehouse
Restaurant. The one that you are looking at now is called the Sea Watch, which
is located on the ocean, up in Broward County. I'm just going to move along
on these because they are only here to give us a general idea of how we are
going to approach this project. This next few shots are of a restaurant that
was done at Ocean Reef and we think they have done it very nicely.
Mayor Ferre: Is any of these restaurants that you have shown or will show are
operated by you?
Mr. Tolty: One of them that we are about to show you is the one that we are
associated with up in Fort Lauderdale, the Down -Under.
Mayor Ferre: But these are restaurants that exist in Florida on the water,
that you are referring us to.
Mr. Tolty: That's correct, Mr. Mayor. This is still the restaurant up at
Ocean Reef.
Mayor Ferre: Let me ask you this, that last one looked very attractive, where
was that?
Mr. Tolty: That is a restaurant that is located down in the Ocean Reef project.
Mayor Ferre: Ocean Reef?
Mr. Tolty: Yes, Sir. This is a restaurant up in Fort Lauderdale immediately
adjacent to the Down -Under Restaurant, called Yesterdays.
Mayor Ferre: Wasn't that the Moonraker?
Mr. Tolty: At one time it was, yes Sir. This is a shot of it from across the
water. This is the Benihana Steakhouse, also up in Fort Lauderdale. This
is a shot across the interim waterway of the Down -Under Restaurant. That is a
closer shot of ---that is an open patio facility right on the water, and this is
part of the restaurant, another shot looking down the waterway and looking at
that open patio. That is the front entrance of the restaurant. Here are some
interior shots and we brought these to give you some idea of the feel that appeals
to us. Most of these restaurants have been done predominantly in wood, stone,
stucco, the very natural materials. One thing that we would like to point out
is that that type of material aside from being aesthetically very nice is also
very functional and practical, the longer it is there the better it looks. These
are several interior shots looking out from various parts of the dining rooms
in the Down -Under. The Down -Under is a two-story restaurant, and the one that
we are going to propose is also. This is a shot looking from approximately
the front door to he bottom dining room and at the upstairs balcony. That is
also the upstairs of that same restaurant. The use of plants and greenery in
that type of thing for color and feel, and the textures which are created are
also an integral part of this type of a restaurant facility with the heavy
OCT 141976
Pqr
orientation, obviously toward the dome Marine Field, lobsters,
traps, and nets and that type of thing. As you cyan see here they've
used topes and rigging and that type of thing. Again, the use of
piaflts. This is a series of some pictures that we have taken from
the proposed site. These pictures were taken off of fork lift and
they give you some idea of what the view would be from this facility
if you were up on the second floor of it. And,as you were looking
out across the water. This is the actual view that would be seen.
It should be pointed out that particular location is extremely
interesting and that there is an awful lot of activity immediately
adjacent to the site that will be visible both day and night and
there will be a lot of lights, a lot of boats moving around and it
should be a very, very interesting,very attractive, that's looking
over at the city's piers now; existing piers. Again, that the
purpose of those slides was just to give you a general feel of the
type of facility that we invision. We'd like to show you a rendering
of the specific facility that we're proposing. The rendering is --
(a little bit dark I apologize for it, ita a little bit dark,when
it done, it w.. done to create sort of a night-time --- to get the
lights and more of the color and that type of thing to show through
We're going to show you that in just one second Mt. Mayor. Just
generally, I'd like to point out this, as I said earlier itsproposes
a two-story building. The second story would be the lounge facility.
Tt be waiting area for the restaurant and also a lounge facility that
would teared and would finally end up down into a fairly large opened
patio area that would be outside. It would be covered with the over-
hange of the roof., but people would be able to go outside and actually
enjoy the weather and enjoy the view and be sitting right on the edge
of the water. This is a preliminary floor plan of the dining area
and I bring this ta you just to show how far along we are in thinking
this project throuen. These dining areas are all broken up into fairly
small areas. They're bz: cken up by various dividers, generally, of a
decor type nature and its alse on several levels. The field of the
entire restaurant would be for it eo be glass on three sides, to
maximize the view. Virtually, in this type of a design every seat in
this restaurant we'll be able to enjoy the view and enjoy the surround-
ing area. Next, we would like to show you the specific property. This,
is the Grove Key Property and how we would envision. We would lay -out
on this property --let me move this over one so you can look at it
against the aerial.
Mayor Ferre: Why don't you flip the aerial around so that its facing
the same direction that your drawing is facing, you follow me?
Mr. Tolty:
Mayor Ferre:
It'll put it upside down, but we can do that.
Well, I don't know which is upside on a aerial photograph.
Mr. Tolty: Ok, this is the Grove Key Property as Spencer just outlined
to you.. This piece of property out here, the point right now currently
has Captain Dick on it which is in the process of being moved and
reconstructed over here, that's right here and the restaurant is
located up toward tie front of this vacant. You'll notice that we've
provided boardwalk area for it, heavily landscaped this whole water-
front side. We would propose some sort of a facility if we could
possibly do it where boats could pull up and tie up at the restaurant
and come in and use it. Its our experience that both the Down -Under
and that many of these other facilities, that's a very attractive
feature to have in this type of a restaurant. The proposal would be
to provide access to this in order not to disrupt the marine facilities
that exist and not to reduce them in any way would be to provide
access to the facility through the drive -way between the two buildings
between the buildings that are currently occupied by Grove Key Marina
and Merrill -Stevens that is right in through here.
OCT 141976
4 -.I.
you don't know what...
Mr. Potty: .... We would like to rarhaps get the general direction
set at least to this extent. We understand that those are the two
prominent historical experiences the City has had along these lines.
It would appear to us that probably the more favorable ones from the
oity's point -of -view might be the Rusty Pelican Lease and the city
did not have to lay -out the money to build the facility. All it did
was lease the land. We would sort of like to use that perhaps as a
starting point with your permission to commensate specific proposals.
Mayor Ferre: Well, let me give you the middle ground, which is
something that I think you ought to explore and that is you structure
it, ok, for financing where the full faith of .... the City of Miami
is not anyway involved, lets make that very, very clear.
Mr. Tolty: I understand that.
Mayor Ferre: But if for example, your lawyerscan and your tax people
can find a vehicle where for example, you would find the financing,
that means that you would need to get a bond purchaser guarantee so
that we don't have to go to market and you come back here and you
use the legal structure as established in the State of Florida where
we could issue some type of revenue bonds of some sort where they
would be municipal bonds. Not full faith in credit, but whats called
a revenue bond issue, but issued by the City.after the proper public
hearing and bids and the whole bit. And, with a guarantee from you
that if somebody doesn't come and lower you would guarantee to come
in at "X" price pro agreed, pre determined. Somebody comes in who
wants it real bad and buys the bonds for a better deal than what you're
offering,then fine. If you don't care we don't care. Now, at that
point you might have the best of two worlds, because that way you would
municipal bond financing, which is cheaper. The city is not going to
risk anything and we both end up having a better deal.
Mr. Tolty: Yea, that's a very exeiting idea. Its one of the avenues
that we've explored and of course, of all the research we've done on
financing here. Specifically, what we're asking the Commission for
this morning is one, an approval of the general concept of this type
of restaurant for that facility. Secondly, to recognize as in the
Rusty Pelican lease, which we'd like to use as a guide for making some
specific recommendations that it will take additional time on our
lease and then will be 30-years to amortize this typeof ...
Mayor Ferre: Those are the two things that you're asking and this
does not fix anything for Commissioners, just a matter of principle
that we...
Mr. Tolty: It's a question of principle sir and with that we would
then like to be able to get with the City Manager and discuss it
further and come back to you on November llth with some specifics
that I think will move the process along.
Mayor Ferre: You recognized that if we don't get anything specific
that this Commission is entitled in the future to turn the whole
thing down.
Mr. Tolty: That's correct. The way its written you will all have
to approve what we actually. We need some guidelines now.
Father Gibson: I want to ask a couple of them, maybe three or four.
I noticed that you said this would be particularly geared to seafood.
Out in San Francisco, Fisherman Wharf, you can go out to the water
and say I want that fish, you know what I mean? I want that lobster,
is that what you're telling me?
Mr. Tolty; That definitely would be apart of what we want to do here
OCT 141976
4
Mayo F'etre: Is that oh your side of the leased property?
Mf. Tolty, Yes, I believe at the existing time, both Mertill4tevenf
acid Greve Key are using this as an access route. We've also dime a
little sketch here to show you.just roughly how that should be treated.
We would propose ... landscape and to some extent decorate that area
ao that it would tie into the theme of thef.whole project. We envision
a restaurant that would be opened both for lunch and dinner everyday.
As t said it would be two-story. The menu would be a predominately
sea food menu. We would have other items, though. We definitely
Would have some meat dishes, but it would predominately structured
toward the sea food end. The special emphasis for us in this project
tabuld be on a quality of the food, the service, the decor that basically
we think is our strengths. Thats what we built all of our existing
business on. The theme of the restaurant itself, we have not expressly
defined, but we envisioned tieing it into some of the history of the
City of Miami and more particularly Some of the history of the Grove,
itself and we begun to do some research on this. Their is quite a
bit of material available on some of the activities, some of the people
that are involved, in the history, in the many, many years in the
evolution of the Grove and we envision using part of that in determining
the name for it, which we have not yet determined and as a very basic
part of the theme for the interior of the restaurant. We're particular-
ly excited about the site for several reasons. (1) there really are
no restaurants of this type or character on the water in this general
area at all. There are many good restaurants in Coconut Grove. Most
of them are fairly unique. There are very few repetitious of the same
Style or type of restaurant and what we feel we're doing is we're
bringing in another dimension, specifically right on the water of water-
front Donnie in a f-cility that we ...
Mayor Ferre Well, that was the original idea, that's why this Commission
was so in doing it the way we did. For me, I congratulate
for the absolutely beautiful presentation and I hope, now how much is
it going to cost, how you are going to finance it and what do you need
from us and when can you get going?
Mr. Tolty: A lot of questions. The cost- the building and fixtures
would run somewhere right close to a million dollars. There are
several auctions opened to us to finance. We currently finance our
facilities in private financing. We would like to just explore that
whole situation and come back and make a specific proposal as to how
we would finance it. But, we think there are several opportunities
opened to us. What we would like to do today is to get your approval
to pursue on a more specific basis. Som e of the particulars.
One that I think would become obvious and its specific is the term of
term of lease that we would need in conjunction with the Marina would
be something in excess of what it is now specifically, we're thinking
in terms of something along 30-years to amortize this investment.
Mayor Ferre; Excuse me for a moment. Mr. Grassie, do you know in the
two restaurants that we have one of them we built which is Miamarina,
the other one is the Rusty Pelican and that one they built. How long
are those leases for, do you know?
Mr. Grassie: My impression is that they're both 30-years, Mayor.
I think that thats true.
Mayor Ferre: And the Rusty pelican, what they did is that they leased
the land, but there building, right? They own it. Do we get it from
Mr. Grassie: The term of the lease, but we receive the building at
the end of the lease as I understand it Mayor.
Mayor Ferre: You're not coming here with any recommendations yet,
OCT 141976
4
and that§ really just good merchandising,also Father Gibson, so that
Would definitely be apart of what we ...
Father Gibson: I just want to make sure you understand that I'm talk-
ing about live ...
Mr. Potty: You're talking about fresh, good seafood.
rather Gibson: Live, live, you know. Ok.
: Father Gibson, excuse me, make I just add something
to that? One of the things I've seen done in a restaurant that made
a tremendous impression on me was where fishing boats actually came
up to the restaurant and unloaded its catch right there. You can't
get all your fish that way, but its symbolically and ever so often
its a lot of fun to see it done.
Father Gibson: Well, I want that in the record, so that when you
come back, I'm going to be like Plummer, you know, read the record.
Now, another thing, tell me where you are with your proposal over
against other people involved. My understanding is sir, we deal with
you. We don't deal with this gentlemen, is that right? Now, what
are Merrill -Stevens. I heard you refer to in all that beautiful
landscaping business, does that mean the three of you is going to
be involved in someway or fashion?
Father Gibson, we have used on this particular proposal
we have limited ourselves exclusively to the property that we're
currently leasing from the city.
Father Gibson: Just the property you're leasing.
. That;s correct. Now Merrill -Stevens is here today,
so there....
Father Gibson: Well, the reason I asked is,you know, I'm always
concerned that the guy who is presently there that we do get some
money from is not unaware. Now, let ae raise the third question.
Mr. Mayor, and I want you to re -act to this. On the Dinner Key Project
that was presented prior, well just before you came on. If I remember
correctly we talked earlier (didn't this morning) about a restaurant.
I'm concerned that we will not be talking about #1, the same kind of
a thing. #2, a competitor. Now, the reason in my mind and I may not
be right, no, no. I'm hoping that you're not. My problem is if we're
going to a restaurant and Dinner Key I want to make sure that, that
restaurant is not just a competitor, you know what I mean? I think
that we ought to put it out..on the table. I hate to know that business-
men make an investment and then later on you know I don't want you to
go broke, you see, because I can't afford to go broke. ok. And, I
think that I ought to raise this question for your benefit as well as
ours. If the facility is there not being adequately or maximized in
use. then we the city will not get what we consider a good return or
a maximum return on the people's investment. Now, if you would
response to that last... especially that last part.
Mr. Meredith I saw the presentation that Mr. Borroto made on a
previous Commission meeting regarding to the auditorium and I got the
impression at that time that the restaurant that he was talking about
for that facility for a snack shop, a very small operation and it was
related to the functioning of the auditorium itself, rather than what
we're talking about which is a full scale major, full service restaurant.
In other words, it was something ... that they had a show going on
there and had people there, they had people there and...
OCT 141976
40
t,1
f 0
'ather Gibson: All right, let the make sure that -my fellow commissioners
Mr. Meredith: i don't know if thats right, but thats what t felt.
Father Gibson: Here's what I'm asking because, you know,when 1 see
the kind of lay -out that you're talking about that raises sore
questions. Mr. Manager is that your understanding.
Mr. Grassie: I think we're talking about three different facilities
and only two have been mentioned Commissioner. Its true that what
has proposed in the Dinner Key Auditorium is a relatively modest
kind of a food facility, but I think what you'r e addressing is the
possibility of a major restaurant in this building itself.as it gets
developed for marine uses. That is ...
Father Gibson: In this building?
Mr. Grassie: This building itself. Now, that was ... On.
Father Gibson: Well, I didn't deal with this ---- maybe you know,
I don't always catch everything, but I'm talking about that one over
there.
. Father Gibson, if I could, I'd like to just address
a couple of comments to that. I mentioned earlier, excuse me in
my remarks that I've spent a lot of time goin g around looking at
restaurant facilities around this country, particularly in California
and they seem to have pioneered a lot of this type of idea and there
are areas in California specifically one that might be somewhat
compelled to this, although, its much larger. Its Marina Del Ray.
In the Marina Del Ray area there are 43 major restaurants like this.
All of them extremely successful and I'm not beginning to suggest to
you that you'll have anything like those numbers, but I really think
that this community and particularly the area we're in the access to
population. we have here in the Grove would definitely, even if other
restaurants were of the same ill we feel very, very confident that the
area which supports several of that type of restaurant.
Father Gibson: We11,let me make sure since I raised the question
that I understand what I'm hearing. I'm not worried about those
up in the village. I'm talking about one over there. One here
and one over there, you know what I mean? I want everybody to be
aware that we're talking about one over there, one over here and one
over there. So, that later on we don't have that problem and if we're
going to make sure that the one over here is a specialty. A11 I'm
saying is when I was in college my professor something I never shall
forget as old as I am. "Beware of the bearing reef", so
that nobody would say, well you know we didn't know that, you know,
that's all I'm saying. Now, if you understand that- there may be
a restaurant there of a type and one here of a type and one over
there of a special type I'm with you, I'm in business, I'm ready to
vote.
Mr. Meredith: No, I was only going to comment that I'm aware of
what we're doing and I've seen the presentation that was made on the
auditorium which involves what I thought was a relatively small sort
of snack shop operation, but that's the extent of my knowledge of
what else is being built in this immediate vicinity.
Mayor Ferre: You know, in addition to what Father has said, he
mentioned Fisherman Wharf. You know the wonderful thing about
Fisherman Wharf is that there isn't one restaurant that you go too,
there's 20 of them. You know and there's expensive and non -expensive
and luxury and the beauty of it and I'm not really much of a -- I
don't know too much about merchandising, but as I understand the
theory of shopping centers is that when Burdine's puts a store up
OCT 141976
4, ' y
•
Jordan Marsh wants to put one up right next to them, you know, and I
understood that asked Tort► Wasworth once, and said► you guys are crazy.
t#esaid no, you're wrong because we put three or four or five of things
we're going to bring in hundreds of thousands of people and now we're
get our fair share► because you know, we'll do better, Frankly, I'v'e
always expressed on the record here. I don't want to see one► and 1
hope you understand this, I want+to see a dozen restaurants, just like
yours, all along the waterfront. One over at the other end by Peacock
Park, one over here in this auditorium we're fixing, one over in your
place, someday maybe this will become a nice restaurant, part of it
will. One further down at Kennedy Park. I think, this ought to be
nothing but an experience where every person, no matter what his budget
or status in life can walk in and get a beer and a pizza in one place
or fish sandwich in another or you know, for Monty Green right up through
Peacock Park, I hope that we can get a Fisherman Wharf here someday and
you'll just be one of many and I hope you realize that, that might be
the case.
Mrs. Gordon: Mr. Mayor, I have some questions and I think that none
of us have addressed ourselves to that yet. The question of the
extension of the lease from eight (8) years to thirty(30) years, is in
my opinion probably the most important factor of the entire conversation
8 to 30, probably the most important portion of our entire conversation
because it has a domino effect as in fact what are we talking about
where you're concerned are we talking about a return on your investment
for the restaurant and its surrounding property, which is a minor
portion of the property that you presently have under lease,or, are
we talking about the entire parcel that you presently have an 8 year
lease being extended to 30 years and then how will we deal with the
adjacent property when they come in and ask us to extend them to 30
years? because in fact, you got 8 years because they got 8 years► so
I want some answers that I don't think you can answer. I think the
Manager have to be aware of my concern.
OCT 141976
Meredith: May 1 try to answer'/
Mr. 0rassie: I agree, Coartmissioner, entirely, and one of the things that t
VAS going to ask the City Commission is that they not let Mr. Meredith leave
here feeling that the basis for the negotiation would be necessarily a 30-year
lease, it may turn out that way, but I think that we need to start exploring
all of the options, and I have told him this before so I'm not telling him
anything that is a surprise to him. So with that re::nrvation, if we leaVe it
open-ended and between us we will bring back to you..
Mrs. Gordon: Fine, that is all right. Just so that every one is aware of my
concern.
Rev. Gibson: Part of my concern was that that was a hit and
I keep asking about Merrill Stevens. I remember that experience.
to say to them, look - you all ought to get together and try to be
you know, I just thought, because Rose was talking about 30 to...I
like to be unfair to another outfit..
Mayor Ferre: I think that is about...
Could I, if I may? I think that's a very key point here and
I think that it is good to bring out as you have. The issue of the terms of the
lease really has to do with amortizing and investment which has its prime effect
on cash flow, and how much money is really available as you go along, as well
as the return on the investment. All the other things are involved in it but
in looking at the leases that you have with these two other restaurants, the
Miami Marina and the Rusty Pelikan, both of those are set on the basis of 30
years, now they...one of them is 25 years with a 5 year option to renew and the
other is 20 years plus 5 and 5, so in either case they are 30 years and has to
do with the amount of money to have to pay every month to amortize your debt,
regardless of how the financing is set up. Now, that is one of the reasons why
30 happens to be kind of a magic number because it has an effect on debt service.
The other thing is that the City has indicated at a previous meeting that it did
entertain the idea of making a long range commitment in return for a major invest-
ment, and Monty Trainer came in here and made an absolutely outstanding presenta-
tion on what he would do.
Mrs. Gordon: Did we make that commitment to you?
Mr. Meredith: No Madamn. He made a presentation ...
Mrs. Gordon: No, I thought you felt that we had made some kind of commitment
to you when we gave you the eight years.
Mr. Meredith: No, no; in no way have I ever implied that. I think --what was
interesting about it is that he came to the City with a very exciting idea and
I personally admitted it at that time that it was a very exciting idea and --
it did involve a long-range commitment on the part of the City inorder to
amortize it,..and that's sort of the idea why we...
Mrs. Gordon:
transaction.
lease deal.
Mr. Meredith:
would buy the other half.
Mrs. Gordon: Well, it was a part of the consideration and that was a very
valid point in my proceeding to go along with that 30-year lease but this is
not the same thing in my opinion and I think our Manager needs to --and will
I am sure-- explore whether or not the City might not issue revenue bonds and
you pay him for them, you know., through your income...
Mr. Meredith: There are all kinds of ways to do it.
Mrs. Gordon.. and we remain in control of the property, you know, and then,
if it goes the other way and you were to be the recipient of a long-term lease,
_car, because
No, we have
friends and
would not
Well, let me explain something that I understood from his
The City ultimately becomes the owner of the land through that
As I understand it, they already own half of the land and they
OCT 141976
that you then be bound to a site develophent plan since the City always had
eoMplete total jurisdiction over what you ate going to do there so that yew
did not get the opportunity to proliferate buildings all over the placearm,
cording to what your heart desires tight be.
Mayor Ferre: Right.
Mr. Meredith: Could I answer that. I think that is a very good point, it is
very germaine to the key issue here. First of a11, the lease that we presently
have with the City has very tight control over what we can do and what we cannot
do, this is not a....
Mayor Ferre: Mr. Meredith, I hate to cut you off but it is almost 12:30 P.M. and
we have some other very important items. As far as I am concerned, I subscribe
to what Commissioner Gordon stated to you. We do have a long way to go. I think
what you have presented here is extremely exciting and it is...I think you cap-
tured the imagination and the thought, I think, of what the Commission intended.
You've done it very well. In my opinion I think you ought to be commended, and
I think you ought to proceed and then the Manager ought to come back with recom-
mendations taking into account all of the statements that were made by all of us
here, especially the question on the 30-year, the 10-year...
Mrs. Gordon: I want to tell, I'll be one of your best customers because I love
sea food...
Mr. Meredith: Wonderful,..thank you.
Mayor Ferre: All right, is there a Motion then at this point. Father Gibson
moves....
Mrs. Gordon: What is the Motion, especifically?
Mayor Ferre: The Motion is that the Manager be instructed to sit down with these
gentlemen and come back with a recommendation as to what should be done with this
property and what pro.edure ought to be followed with regard to extension of leases,
it may have to go to public bids in some place...
Mrs. Gordon: Does he have a latitude to explore all avenues?..that's what sums
it up, right?
Mr. Meredith: We would welcome that.
The following motion was introduced by Commissioner Gibson who
moved its adoption:
MOTION NO. 76-885
A MOTION INSTRUCTING THE CITY MANAGER TO MEET WITH
REPRESENTATIVES OF GROVE KEY MARINA, INC. TO WORK OUT
DETAILS OF THEIR PROPOSAL TO CONSTRUCT A MAJOR RESTAURANT
FACILITY AND TO REPORT HIS FINDINGS TO THE CITY COMMISSION
AT A LATER DATE.
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre
THIRD YEAR COMMUNITY DEVELOPMENT PROGRAMS
Mayor Ferro; Me next item is Community Development
•
C. •
Ctuflptohi What we ate here to obtain trot the CoMmieeinti are ease gnideiitiet
n going to the conitnunities for the third 'feat Program. You have teceived the
detailed memoranda that spells out the presentation. We are looking at three
kinds of budget proposals which you'll find on the third page of your memo. We
Ate recommending Proposal A; you'll note that items 3, 4, 5 and 6 of that ate
ail identical in alternates A, B and C, the only variance are the items 1 and 2,
primarily item 1, which has to do with dollars for housing purposes beginning
the implementation of the housing of bond issue program within the City. Economic
bevelopment - $200,000, we feel is very adequate. This can be used as a matching
funds for economic development grants which means we could up to doubling this
amount for economic development purposes using this as a matching fund. On City
Wide projects, the dollar amount again is about $500,000. These funds would be
utilized for tree planting programs which would augment any of the tree planting
programs or the road programs in the target areas. We are also working -as
1 mentioned last time- with the State Department of Agriculture to get an urban
forester in the area so he will help in designing and programming these, the
demolition of the deteriorated structures, the removal of architectural barriers;
these will be augmenting programs to what we have already going on and that the
demolition structures would augment the Building Department's budget to increase
the number of demolitions in the Third Year Program. You have the item of
contingencies and local options which are involved in things of relocation costs
associated with land acquisition for housing sites, the unforeseen increases
for the cost of such projects, street improvements, etc., the additional funds
for Second Year projects that may need to come about, the local option items such
as special studies for various consulting services that may be needed. matching
funds for other Federal grants, the National Endowment of the Arts, Title XX,
Funds,- such matching grants as that; additional funds that may be needed to
augment the City Bond Program Project "Parks for People" or other such bond
programs. The administrative cost is about 6% of the budget which is about 50%
less than what the national average has been for community development activities.
These items remain pretty much the same in the three alternatives. We get into the
social service activities of the target areas. This we would be doing as we have
done the last time, up to 10% of the target areas allocation would be utilized
for social services. Then the target area allocation; this allocation in Proposal
A, of $4.8M is a little increase over what was going to all the target areas last
year and then we would be developing the formula with the target areas to bring
that back to you at a later date as to the distribution of those funds to the
8 target areas, and you'll note we cited the downtown area which is a special kind
of an area and certain discretionary funds would be looked into for that to give
them benefit of some of these funds which they did not have benefit of before becaus€
of the kinds of formulae that were used. And lastly, the land acquisition for
$3,000,000, we feel that this is still a valid request off the top which, of
course, would be used in all of the 8 target areas as well as the balance of the
City for housing purposes. Here again this is land that would be purchased for
new construction purposes. The bond issue also addresses itself to rehabilitation
of existing structures where they meet the criterion, that means, we have to purchase
land and buildings; it also means to purchase where they meet the criterion of the
structures that were not completed and are presently at a stand still and that
would be the completion of these structures and bring them up to Code for the
existing programs so that we have three major thrusts for which the bond issue
would be used. Here again, buying partially completed structures again is buying
land and structure to do so. There is very little vacant land within the City
limits in order to purchase for housing purposes and we need to be mindful that
we would be buying structures of a dilapidated nature and land that goes with it
demolishing their where there is relocation necessary to relocate therefore the
dollars that come into the cost of new units, or rehab units only the sites have
to take into consideration the demolition, relocation, cost that are over and above
the kinds of costs that normally go with a vacant site that is already there.
This in a nutshell is the explanation of the funding priorities and we recommend
to you that we be given the guidelines of alternative A so that we will be able to
present these to the various target areas and proceed with the Community Development
process.
Mayor Ferre: All right, questions.
Rev. Gibson: Mr. Crumpton, do you have any social worker or somebody on your staff
who won't deal theoretically with these people but go in and talk with them and
tell them what is happening?
Mr. Crumpton: Yes Sir. With all of the eight target areas there is a citizen
group that has already formed. They have been using this group..has been in process
��;� OCT 141976
b
"tilt Sole time. Our people work with the citi2en groups and explain everything to
item as we go. We are also working concurrently with the county who has the
eaMe set of target areas within the City and jointly we work with the people in
the area and explain all of this to them.
key. Gibson: Mr. Mayor, members of the Commission, I am talking about specifically,
you know, it is nice to tell us these things in theory, but I want to know - have
you seen Mary and Johnny?, Have you anybody who goes to see Mary and Johnny and says:
"Look, we are taking your house." Do you know what a woman just said to me Sunday?
That she put in $1,500 to rehabilitate the house all to discover that..you know...
it's gone. And that is in the Grove. All I'm saying is, you know, to come and tell
me that the mechanics is set up, that you have the mechanics, but you know, I can't
buy ----in this day and time-- I can't buy that. Let me tell you something, I'm
a victim of what you all are doing, meaning, go down Douglas Road and Thomas Avenue
and you will see a building there that formerly belonged to us, o.k.? I want to make
sure that all of those people have been told specifically, and I want the dates, and
who was talking, do you know what I'm talking about?
Mr. Crumpton: Yes Sir, I do know what you are talking about.
Rev. Gibson: Yes, Siree, because if what that woman said to me Sunday, that t'ain't
was happening...And by the way, let me make another explanation, Mr. Mayor. To tell
the persons that are living in that house is one thing but to tell the owner of that
property is another. Do you know what I mean? You tell that worker that I raised
a question and I want to tell this Commission it ain't happening.
Mayor Ferre: Other questions? All right Mr. Plummer.
Mr. Plummer: Mr. Crumpton, I've got some real problems here. I'm sorry, and I want
you to give me the bottom line, all right? I'm referring you to a letter in this
package that I have signed by R. W. , Area Director, dated May 18, in which
he speaks to the amended notification of fund availability. Now, I see here, and
using the easiest one to divide by that we are providing so-called low income housing
for $52,000 per unit.
Mayor Ferre:
Mr. Crumpton:
Mr. Plummer:
heading on it
Mr. Crumpton:
What? that's not the thing I read...Would you clarify that?
Is this the letter dated May 18, 1976?
Yes, if your photostat machine was better I could tell you what the
is but...
Amended notification of Fund Availability?
Mr. Plummer: Yes, Sir.
Mr. Crumpton: Well., this does not have anything to do with construction cost per
se. This is saying that they are allocating for elderlies - $774,774 for 250 units;
$562,452 for 150 units; and $522.60 for large families for 100 units and you divided
that by 100 and...
Mr. Plummer: Well, I used that because the 100 was the easy divider. Now, do I
understand that low income housing according to this for a large family is $52,000?
And my second question would have to be what is a large family? How many more ...
is it 4 more, or..?
Mr. Crumpton: They are 4 and 5 bedroom units which get into 7, 8, 9, 10 people..
Mr. Plummer: But what is the criteria over the determination of a large family?
Four or more people, five or more people?...What is it?
Mr. Crumpton: Let me...
Mr. Plummer: ..Excuse me?..(INAUDIBLE COMMENT)..Three bedrooms, o.k. I have a four
bedroom house and I think you know where I am going. Go ahead. .\nd now, do I
understand that this here per unit is $52,206?
Mr. Crumpton: When you divide the $552,000 by 100, you come out with that
kind of a number but that does not mean that the construction cost is that.
Mr. Plummer: Sir, I did not ask you that question. I ask again my question which I
would like answered. Am I to assume from this here that you are talking about for a
large family per unit on low-income housing at $52,000+, is that correct?
Si
t
OCT 141976
tan. .1/6- CoUld ton Utte t i t t�
Plummer! sit, t do tot wish to conclude I at asking you
;iple answer.
Mr. Crumpton: Yes.
Mr. Plummer: The answer is yes.
Mr. Crumpton: From that division of this particular item,
Mr. Plummer: Is this calculation right or wrong?
Mayor Ferre: He said yes.
Mr. Crumpton: I said yes.
Mr. Plummer: All right. Now, ..•
Mayor Ferre: J. L. excuse, in the case of the elderly you are talking about
$30,000 a unit, in the case of large family you are talking about $52,000.
Mr. Plummer: It is ludicrous:
Mayor Ferre: Now, wait a moment, let me express my opinion. I don't know
about you but I have always had a great interest in public housing and I have
been, every time I travel somewhere, I go visit public housing projects.
have done it in Canada, I've done it in Denmark, in Sweden, in Spain, in Italy,
in France, in England and in the Soviet Union. Now, yesterday I had the good
fortune of meeting with the President of the Bank of Spain, and to put in in
perspective because a Lot of people around here did not recognize that the Central
Bank of Spain is larger than all of the Banks of Miami put together. That is to
put it in perspective, including the mighty Southeast Bank. Now, it was ex-
plained to me that in Spain, the project for the next two years by the govern-
ment was to build 500,000 public units. The United States is not doing that.
The population of Spain is 35 million people, the population of the United
States is 220 million people. And the little poor country of Spain is buildding
more public housing in the next two years than the mighty United States.
I've been to Spain and I've seen public housing, I've been to Russia and I've
seen public housing. Now, the public housing in Spain is substantially better
than the public housing in the Soviet Union and I've seen public housing in the
Soviet Union in six cities. I have actually stood in a bedroom in the Soviet
Union in Kiev and I've stretched my hands out and my hands stretch about six
feet or five and a half, and I came to four or five inches on either side of
touching the wall on either side of the apartment unit that I saw in the Soviet
Union. In the Soviet Union I've seen wires hanging from the ceiling with a
bulb. I've seen pipes on the outside, they don't cover the plumbing inside that
wall, now, for that reason the Soviet Union can build very cheap units and they
build every year for the last five years, 2.5 million units, every year,
and the mighty United States of America is building including everybody, rich
people,.poor people,...less than 2 million; last year you know it was a million
five or a million six units for the whole nation, of which the majority are houses
most people cannot afford. Specifically, J.L. I want you to listen to this because
it really speaks to the heart of this matter. Right now in the City of Miami as
Rose Gordon will tell you because Mr. Ted Pappas and the others who are involved
in this, both the Keyes Company and the Board of Realtors publish these figures
every month, -the average home selling in Dade County and the City of Miami last
month averaged $46,000 a unit. Now, at $46,000 a unit, 85% of the people of
Miami cannot afford to own a house. Now, the problem in this country and Miami
isn't that there is not a demand for housing. Good God there is an unbelievable
demand for housing: The trouble is that this....I see a very distinguished Repu-
blican who I'd like to introduce at this time running for the House of Representa-
tives, Mr. Azpiazo, who 1 congratulate, I think it was wonderful. And please don't
misunderstand my remarks against you Republicans, against the Republicans at the
local level, they are wonderful. I'm very concerned about the man that sits at the
White House and his predecessor who had absolutely no concern for the housing needs
of this country, absolutely no concern. Secretary Hills, I sat and had lunch with
her a year and some months ago and she sat at that lunch with two other Mayors and
told me point blank because she got very upset with me when I said: 'Madamn Secretary
i want to tell you something, that the Nixon and Ford Administrations have absolutely
ihtetest in building houses in this country." And she said: "My concern is
fat to stop inflation." And I said: "Fine, then why don't you become Secretary
t the Treasury?, but you are Secretary of Housing and the fact is that you
Ate Secretary of Housing instead of to build houses to stop the construction of
ufcits. Now, what I am trying to say is simply this, there is a tremendous need
riot only of poor people but of middle class Americans to get housing. The Federal
Government is doing nothing. We've come out and we stuck our necks out and the
people voted for a Bond issue. Now, I would like to build low cost housing the
way they doin Denmark, in Spain and in the exaggerated case of the Soviet Union.
The laws of this country and specifically of this State and of the City do not
permit it. Because we cannot build a bedroom that has seven feet across; we
can't build houses with wires hanging down with light bulbs; our plumbing has
got to be...can't be exposed, has to be inside a wall. Our own Metropolitan
Dade County and the South Florida Building Code have such stringent requirements
that you really cannot build any kind of a unit for less than $30,000. Now, on
a square foot basis, Mr. Crumpton, -
Mr. Crumpton: Yes Sir.
Mayor Ferre: Mr. Crumpton, on a square foot basis as I read this recommendation
you are talking about $20 to $22 a square foot. Now, that is cheap, I don't
think you can do it for that.
Mr. Plummer: No Sir, you are wrong. I'm sorry,...you can build it for that...
Mayor Ferre: The recommended construction cost is $20 to $22 .. Now let me
tell you something. If you build in Dade County in the year 1976 any kind of
a human habitat for $22 or $27 you are doing almost the impossible, there is no
way in God's world that you can build houses for less than that unless you
completely change the Code which, in my opinion, is long overdue. Now, there
is nothing we can do -except voting for the right man for President- to change
the crass attitude that the White House has had for eight years about Public
Housing which has been nothing but a series of shams and hipocrisy and lies to
the public, and the record speaks for itself. Now, aside from the vote that
you are going to cast on November 2, there is nothing else you can do about it.
There is not much we can do about the Public Building Coc':, because that is a very
complicated....The only thing we have in car power to do is to get some Public
Housing going and for that my dear friend J.L. Plummer, if you want to have
scrambled eggs you've got to break the eggs and unfortunately somebody has to
pay for it, there ain't such thing as a free lunch and since, the point is, some-
body is going to have to pay for it, that's where we are at right now. That is
what this whole thing is about.
Mr. Plummer: O.K., Humpty Dumpty. You sit on a garden fence and now you crack
the eggs, you know, Mr. Mayor and sit here and disagree with you all day long
and I don't mean to bring up sore subjects but yes, in fact, Spain, Russia and
all the rest of them do a lot better in housing but here again we get back to
cost factor. You hire a man in Spain for $1.40 a day.
Mayor Ferre: Hey, don't do that because we just had a very nasty editorial
about that. In Spain they make over a dollar an hour so don't go saying state-
ments like that.
Mr. Plummer: O.k., in Russia they work for nothing. You know, I can sit here
and argue and shoot holes in your theory all day long. Mr. Mayor look, by my vote
in the past I am for public housing, I think it is necessary but I think Mr. Mayor
what we have to equate here is what is necessary to spend as to how many units we
can provide. Now, I'm all in favor, I think we've got to go forward with it, but
Mr.Mayor, when you tell me that we are spending $52,000, I think that we are providing
more than is....
Mayor Ferre: ...how much is that per square foot that is the key thing.
Mr. Plummer: ..May I finish? When we are providing $52,000 plus per unit, I think
we are denying a lot of people the right to public housing because Mr. Mayor I
did not pay $52,000 for my home, and my home is four bedrooms, and I want to tell
you something, as far as I am concerned I think that these prices which are pur-
ported here, $9,000 per lot or per acquisition of property per unit, and it does
not speak Mr. Mayor as you are well aware of, that the monies when you speak of
$22 to $27,50 per square foot cost does not include the $9,000 land acquisition,
it does not include and it is underlined, $10 more per square foot for architectural
fees, equipment, bond counsel, things of that nature. I think, ..what may opinion
4
OCT 141976
.y th oty is Rt. Mayor that if We provided units that were possibly cheaper we
id provide a hell of a lot more units to people and take care of the problem.
tayot Ferre: Plummer the point is that we cannot do it for less because it is
physically impossible and what I mean to tell about all of this is that you are
like the woman that wants to be pregnant but doesn't want to go through childbirth;
if you are going to get pregnant you've got to go through childbirth. You know)
it is going to be painful, there is no way that you can go and have public housing
and pass a bond issue and then get all upset because it is going to cost $27 a
square foot to build it.
Mr. Plummer: But Mr.Mayor, you keep referring to only one segment, that's the
build) you've got to buy the land, you've got to architecture it, you know, now
let's figure that out, you are talking about $37 a square foot,...I say to you
that is high. You are talking about better than $40, about $42 a square foot,
it is what that house is going to cost and I think it is out of the question.
Mayor Ferre: The point that I'm trying to make is this. That in 1976, under our
Codes and what we pay for wages and for materials you cannot build a one -bedroom
or two -bedroom unit anywhere no matter how cheap you build for anything less than
$30,000 a unit and you are not going to be able to build a three or a four bed-
room unit for anything less than $50,000 a unit. Now, if you don't want to build
the housing then don't do it but if you are going to go to public housing then be
realistic, it is going to cost you $30,000 a unit for a small unit to $50,000 for
a big unit. Now, if you are saying, -we are only going to build houses for the
elderly and for one -bedroom people, fine. Then, you are going to tell the Latins,
and the blacks and the other poor people who happen to have large families and
they are units of 5, and 6 and 7 that we are not going to provide public housing
for them, we are only going to provide it for people who have only one child.
Mr. Plummer: I think twat would be easier, Mr. Mayor, than to tell the Latins
and blacks who are going to be denied -no housing- that we gave some the choice
few, luxurious $52,000 when they are going to be completely denied without a
roof over their heads. I think that would be a lot easier.
Mayor Ferre: I woundn't call that luxurious.
Mrs. Gordon: Mr. Mayor, I have a question on the value of the land, cost of the
land. You are purchasing land, or will be, based upon appraisals and so on and
so forth, ...and appraisals are based upon market so that you are not paying more,
that's the market value and if you want land you've got to pay that price, right?
Mr. Crumpton: That's correct.
Mrs. Gordon: Next item that bothered me, I was reading on page 7, under 7, and
it says: "The occupants of this unit will therefore be selected from Dade County
Hud Public Housing list." I would hope that, if we went through all this, that we
would at least be able to designate people who are in those target areas, and if
we cannot do that, how do we know we are doing all this for the people or
citizens now of the City of Miami?
Mr. Crumpton: You see, No. 1, the Federal Regulations for any federally funded
project you cannot delineate who will be there from a particular geographic area.
This is given to the entire county and it has to be looked at that. However,
in the list that Little Hud does have currently it was somewhere in the neighbor-
hood of 19,000 people who were in the list of which 15,000 lived within the
City limits of the City of Miami.
Mrs. Gordon: Yes, but they might not be aware we are going to build no $19,000 unit,..
it is realistic to assume that we are not going to relieve the very people who
are voting for this...entire...
Mr. Crumpton: it is realistic to assume that the vast majority of the people that
would most likely go into and be eligible for the housing that is built would be
City of Miami residents, but you are right, there is no guarantee.
Mrs. Gordon: No, and under the conditions that we have which is that the citizens
who passed the bond issue have to be citizens of Miami in order to vote on it
there might have to be some more investigation of whether that permits ..you know,
some more guidelines.
Mr. Crumpton: Well, see, in the presentation of the bond issue it was stated that
the physical construction would be within the City limits of Miami and that is a
tots
OCT 141976
Adt And can be controlled acid will be done that way, but that the occupants
Auld have to come from the entire list, which is a countywide list, which is
Federal regulation and this is the way it was stated at the time the issue was
cwt.., and this is the only way that this can be done under the current laws.
Mr. Plummer: All right, let me go on to another area. I personally think you
are cheating a lot of people out of public housing, I really do. I'll leave it
at that. My vote will reflect it. Mr. Crumpton, I have a problem, back on page
2, where you have your target area allocation. I very clearly distinctly
remember last year when we discussed this and Father Gibson was the one that
brought this up, that what we did last year would not lock us into a problem
by virtue of the fact that in one target area we spent a great deal more money
than in other target areas. The Father's question to you at the time was -
'Will this have any bearing on next year?'and your answer was "No."
Mr. Crumpton: That's correct.
Mr. Plummer: ...that it would depend on priorities, that the reason that they
were moving so quickly, you were -at that time, was because of the availability
of one piece of property and matching funding from another government and that in
fact there was nothing to say that next year a great amount of money could be
spent in one given area other than what this one was.
Mr. Crumpton:
Mr. Plummer: .
Mr. Crumpton:
That's correct.
..now I see that you are recommending that you use a formula.
I don't think we have any formula presented.
Mr. Plummer: ."it is recommended that these funds be distributed tothe
residential target areas using the formula allocation based on 21 urban indi.
cators."
Mr. Crumpton: Twenty one urban indicates, yes Sir.
Mr. Plummer: What I'm saying is, how do we know what this is going to involve
dollars to the individual groups.
Mr. Crumpton: That, will be brought back to you at a later date and will be
taking these 21 urban indicators and creating a series of formulae which can be
reviewed by this Commission, if so desired, as to the distribution of the funds
within these 8 target areas. But right now, we are trying to establish what is
this large sum that would be utilized by all eight of the target areas and then
working with the target areas and with these 21 urban indicators come back with
a distribution formula.
Mr. Plummer: O.K., it satisfies my question.. Do you have anywhere developed
a figure of how many units we are proposing to build..overall..and how many...
Mayor Ferre: J. L., excuse the interruption, but we have to decide something,
it's 1:00 o'clock, we are going to have to be back here by 2:00 o'clock..now,
what are we going to do?, do you want to just keep on talking through lunch,
or are we going to eat, or9
Mr. Grassier It would seem Mr. Mayor that the City Commission has some serious
questions about this and rather than...I know that the staff would like to get
a Resolution, but rather than try to press you for some decisions we may have
to set up another session and maybe,.. you would indicate to us....
Mayor Ferre: Well, I don't know, I think Manolo Reboso and I are ready to vote
today. Are you ready to vote? Are you ready to vote?
My questions can't be answer at another meeting, you know, the main
to service the people in Miami and you tell me we can't do it. Father
suggestion, I don't know if it is possible.
Mrs, Gordon:
question was
Gibson had a
Father Gibson: I wanted to ask a question,
housing authority.
Mayor Ferre: Can't do it,
Suppose you have the City of Miami
OCT 141976
Ctufrfpton: Father, Federal regulations, to thy understanding,,,,.
Athet Gibson: 0.k., Miami Beach had its out thing, Homestead had its out thing,
oW look man, you are talking to guy who is oft the housing authority.
w,....... , I'm not advocating that. All I'm trying to say,..you know, t get
itetty uptight when staff tells me what can't be done. Did you raise the question?
Did you raise it? to the Federal Government...Did you raise it? (INAUDIBLE COMMENT)
Did you raise the question to the public? Did we just pass a bond issue and this
is what we'd like to do wLth your money. Now look, that's why I'm going to raise
it. Now look, I'm wearing both hats. I'm not advocating that that be done but I'm
just saying, you know we once had, and don't tell me because Homestead t'ain't part
of that housing authority.
Mrs. Gordon: See, 1 don't see this as an ordinary H.U.D. project where you could
delineate that you can't limit it....This is different.
Mayor Ferre: I hate to interrupt again, but are we going to have lunch here or tot.
...We are going to break, o.k.
Mrs. Gordon:
Mr. Grassie:
Mr. Plummer:
Anyway, can we vote on it after lunch?
Whenever you wish, Commissioner.
Well, you do have people here Mr. Mayor that...
Mayor Ferre: I know, that have been sitting all morning on that rehab thing,.••.
on Ken ny Myers' law, which I voted against. The next item,...they've been sitting
here all day so, if it's all right with the Commission, we are going to skip over
item 4 and come back to it. And I'm ready to vote on it whenever the rest of the
Commission is.
Mr. Plummer:
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Mr. Plummer:
Let me ask you one further question, Mr. Mayor..
Will come back to it, J.L.
You are coming back to what.
To this item 4, to the C.D. program.
Oh, we are coming back to it?
Mayor Ferre: We have to.
Mr. Grassie: Either we can come back later in the day or we'll have to have
a special session on it. Whatever you wish.
Mayor Ferre: As far as I'm concerned, look, it's already 5 after 1:00 P.M. We
are going to end up eating here anyway so, I'm going to have a ham sandwich or
roast beef, and a cup of soup and a glass of milk...
Mr. Grassie: Shall we order for every one seriously Mayor?
Mayor Ferre: I don't know about anybody else but I'm... Plummer? Father Gibson
is going out to lunch. Rose, are you going out to lunch?
Mrs. Gordon: How can I go if you are all going to be in session..I have to be
here. All right, I'm going to have something.
Mayor Ferre: All right, just get enough food for everybody and if we break we
break... In the meantime, Plummer do you have your question?
Mr. Plummer: Yes. Charlie, on proposed (Dade)8.1 Section 8 Project, I want to
make sure that 1 understand. That this figure here in fact represents $50,000
per unit. Is that correct?
Mr. Crumpton: Is on your page 6? Proposed Dade 8-1, $50,000 a unit, What
are you using to arrive at that item.
Mr. Plummer: $27.50 per square foot, 10% for architecturals and other, $9,000
for acquisition of land based on 4 bedrooms --that's an extra large unit-- and
I don't think that really is for the elderly, is it? Basically, is the elderly
two bedrooms or is it one bedroom?
Mr, Crumpton: These are zero in one bedroom to studio and one bedroom for the
OCT 141976
•
ap
Atly,
Plummet: A otw'hedtodf7
r. Crumpton: For the most patt. They woUid Cdhe in :tort
dthe to about $22,000, excluding land costs per unit.
Mr. Plummer: Now, I've got to figure this one out because your figutes and
tune do not come out the same. It is $27.50 per square foot, to that yau,
have to add $2.75 for the 10%. Now, the one bedroom is 550 feet, is that
correct?
Mr. Crumpton: That's correct, that's in that particular project.
Mr. Plummer: Now you have to add to that the $9,000 land acquisition.
that correct?
Mr. Crumpton: There are two ways of looking at the land, Mr. Plummer.
Mr. Plummer: Well, I'm dividing your figures of 1,000 units at $9,000,000.
taking it from your figures here, Sir. Is that correct?
Mr. Crumpton: Let me ask Mr. Perez to give you some more detail on this particular
matter.
Mr. Perez: My name is George Perez and I work with the office of Community Develop-
ment. Project Dade 8-1, has a total development cost of $3,850,000, exclusive of
land but everything else included. That comes out to $22,000 per unit.
Mr. Plummer: Does that include site improvements?
Mr. Perez: That includes everything except land.
Mr. Plummer: Then why are the figures given to me here differently._.
Mr. Perez: Why are they different.
Mr. Plummer: Well it says here, with me, 175 elderly units at $27.50 a square
foot. Is that correct?
Mr. Perez: Plus, you would have to add $10 more per square foot for the other
construction costs, such as, architectural fees, dwelling equipment, project
maintenance, interest during construction, bond placement fees, bond counsel,
financial advisor, maintenance trust fund, which are associated with any section
8 project. Those bring the per square footage cost to $38.10 which multiplied
by 101,000 square feet for the project, comes out to $3,850,000.
Mayor Ferre: Next question.
Mr. Plummer: The only question 1 would like to have answered eventually Mr.
Mayor is how many units are we building, propose building and what is the total
cost. That's everything; that's land acquisition, that's administrative cost -
you are getting paid, I would like to know what is the bottom figure for the
total cost for 500 units. No,.I don't need it now Chairlie, tomorrow is fine,
before 9 a.m.
Mr. Crumpton: All right, we'll get it for you.
Mrs. Gordon: Charlie, you know, we are not going to work on it right now, I
want to know who selected these sites and, you know, because I see one site here
1/3 of an acre, R-2 lot, for 4 units for $35,000, and boy, that sounds pretty,
pretty high to me. I guess I could show you 3 or 4t or 5 sites at half the cost
or may be just a little bit more than half the cost.
Mr. Crumpton: We'll be pleased to have those.
Mrs, Gordon: No, I'm just asking you, who selected these,
your attention?
how did they come
Mr. Perez: These sites, although they appear high, are .amorr6g the least expensive
sites we could find in the City,
Mrs. Gordon: How did you find them?
OCT 141976
Perez: It's a different project we have. Planners that go out to different
eas of the City and look at sites that appear to be either vacant or where the
properties are dilapidated. We come back and look at a map and throw the sites
fa' aft evaluation metrics which includes, assessability to services, condition
Of the neighborhoods etc.
Mayor Ferre: Wait, wait, wait...you mean to tell me you didn't actually go and
tried to assess why they were for sale for or you didn't go to a realtor?...
Mr. Perez: No, these are estimated costs. These are the assessed value of the
property x 1.6 and this is the way the estimated costs are figured. These are
,tot appraised value.
Mrs. Gordon: They are not appraised values.
Mr. Perez: No, they are not, they are estimated.
Mrs. Gordon: Well, like I said, from the little knowledge I have running back
about 25 years, some of these and with current market value prices seem exceedingly
high, some of them.
Mr. Perez: If you would turn to attachment B on page 5, we have your four projects:
Colorer Village Project, the Colmer Project, the Edison Park Project and Coconut Grove
project. These are existing projects. The land for these projects has been already/
purchased. It was purchased between 1969 and 1972 --and as you know, prices of land
are increasing, using these existing purchases, we come out with a per unit cost
for land acquisition of $9,300, this is an average cost; so these are actual figures,
the actual amount that was paid. Again, the sites are not in the most expensive
areas of Miami and the costs reflect an average price of about $135,000 per acre
which is approximately the same cost as the site you were referring to previously.
Mrs. Gordon: $135,O0f) pe, acre. Well, I don't want to debate this with you, I
just want to say simply that I believe that a number of these sites are overpriced,
are overestimated if you please, maybe you'll buy them for less, and I'm wondering
how thorough your search was that you came up with this.
Mr. Perez: I believe it has been fairly thorough and we are in the process of
looking at additional sites all the time. We have to take into consideration that
perhaps we could find a piece of vacant land in the City that would run a little
lower than these costs. It is not only the intention of C.D. and Dade County
Department of Housing and Urban Development to just find vacant sites but we also
have to deal with relocation and demolition costs which have to be included in
these figures. Many times is not only what we pay for the land itself that the
building that is there, the people are are going to have to be displaced and the
knocking down of the unit, and these of course add to the cost.
Mrs. Gordon: I still made my point. My point was that, according to this list,
according to what I know about Miami and according to market value today that if
this is what you are going to pay for these sites you are going to overpay a
considerable amount of money.
Mayor Ferre: Let me, in agreement with Mrs. Gordon, Mr. Crumpton - I'll make it
very graphic for you, o.k.? Next to where I live, Mr. Nick Moreley owns 300 feet,
o.k. Now, he has the right, right now, to put up 488 units he could get a building
permit tomorrow, he can go out a get a building permit for 488 units and start
putting them up. Now, I guarantee you that if you went and gave Mr. Morely $4,888,000
for his property he'd sign it within 5 minutes, o.k.? That's $10,000 a unit. If
you don't believe me get him on the phone and offer him....
Mr. Crumpton: I've talked with Mr. Jack Price, up in Mr. Moreley's office...
Mayor Ferre: No, but the point I'm trying to make to you is that property has got
to be the number one property in the City of Miami.
Mr, Perez: Mr. Mayor, the waiting list in the C.T.A. Tower is enormous,
Mayor Ferre: What I'm saying is that the CTA Tower had a success in doing some-
thing like that and that is the number one property in Miami, then how if you can
get bayfront, waterfront property at $10,000 a unit can't you get property that is
nowhere near good as that for $5,000 or $6,000?
Mrs. Gordon: In some of these areas, believe me, you can give them away. You
can find in the market place -a private market place -anybody who will buy them.
to
OCT 141976
Mt, Ctumpton:
get,
r, Plutltmer: Charlie, tell me I'm wrong. I have figured here on just the one
tittiti number Dade 8-14 and the way I have it figured and calculated, we ate
editing out spending $53.00 per square foot, that's including everything.
t Crumpton: We've got $38,10 a square foot,,.
._ '.
Mr, Plummer: $38.50, by 550 square feet plus $9,000 for acquisition, pet tiftit
divided by 550 feet gives you $53.00 per square foot, isn't it? Am I out of
teach with reality?
Mr. Perez: The land there is already owned by Dade County HUD.
Mr, Plummer: But you are using the figure of $9,300 per unit acquisition of land,
is that correct?
Mr. Perez: Yes, but that is an average of family and elderly. Elderly units
will cost less per unit than this average.
Mr. Plummer: How much less?
Mr. Perez: About $5,000 per unit
We'll take any and all land that is as cheap :is it possible to
Mr. Plummer: I'll refigure and we'll call it $50.00. Ate you talking roughly
$50.00 a square foot?
Mr. Perez: I have not calculated per square footage including both land acquisi-
tion and total development cost but I have calculated it on a per unit basis and
it comes to around $27,000, you have to add another $5,000 per unit to that
development.
Mayor Ferre: The Manager is right, we are not going to finish here today.
Mr. Crumpton: Well, we are not going to solve all of the details of housing.
That is not our objective here today. Our objective here today is to get an
indication from the Commission of 6 large areas of dollars breaking down our
$9,694,000....and from there, we'll get into the details.
Mayor Ferre: Wait a moment, wait a moment,...Plummer..Did you hear what he is
saying?
Mr. Plummer: No, after $53.00 a square foot, no, I admit I have not heard what
he is said.
Mayor Ferre: Well, I think what the man is saying...I want you to listen to this
because this becomes an important thing now. What he is saying is that what he
is asking for is approval in principle in the general broad allocations and we
are going to have a workshop on the specifics of it. Is that right Mr. Grassie?
Mr, Grassie: Yes, from the comments that you are making I think that we do have
to answer a lot more questions than we are going to be able to answer today.
Mayor Ferre: All we would he doing then is saying that, yes the $9,694,000 is
going to be divided in these general categories and then we are going to start
arguing as to where you are going to put them. Because I'm going to tell you
something., that with all due respect this has got nothing to do but just a
realistic approach to it. I can't understand, out of 500 units how in the world
you could propose to only put 75 units in the Spanish speaking area when you know
that has got to be one of the greatest needs in this town. How can you only put
75 units?
Mr. Plummer: Because he is spending $53.00 a square foot, that's the point I'm
trying to make.
Mrs. Gordon: Because they are paying twice as much for land, at least twice as.
much for some land, than they should pay,
Mr. Crumpton: That's is a debatable item when we get into,,.
Mayor Ferre: Well, we are not going to debate it today, I think., what I'm going
to ask for and then will just get a yes or no, whether this Commission wants to
OCT141976
e Oft tht btcad pafatetets of the tecomMendation to the allocations of ftff
ea outiified bete, Ail tight, Father Gibscf , ate you taking a tctiaet/
1athet Gibson: I'll move,
Mrs, Gordon: No specifics at all.
Mayor Ferre: No specifics. Is there a secoidr
Mr. Plummer: I'll second.
Mayor Ferre: There is a second by Plummet. Without any,.,.let's hake it oft the
record explicitly clear. We are not in any way committed to any.specifiC item
on this list, these are just broad general outlines that will be discussed at
future time for the specifics. Is that understood?
Mr. Crumpton: As long as it is also understood that these are the six broad
areas that we are going to be discussing with the target areas.
Mayor Ferre: Mr. Crumpton, didn't you listen to what I said in the motion:
Mrs. Gibson: I want another request. On every site that is submitted for purchase,
do we get.. It comesbefore us for approval. I want that accompanied by an ap-
praisal whirr I want to see.
Mayor Ferre: Absolutely. and that's what the thrust of it...we don't want to end
up with the same problem that Beverly Philips has ended up with..some of those
fellows down there at the County Commission, o.k.?
Mrs. Gordon: I want to see every appraisal with its comparables because that is
extremely important, o.k.?
Mayor Ferre: We are not agreeing on any specifics. We are agreeing on the broad
general application of funds, for the fourth time. Further discussion, call the roll.
The following motion was introduced by Commissioner Gibson who
moved its adoption:
MOTION NO. 76-886
A MOTION APPROVING IN PRINCIPLE THE RECOMMENDATIONS FOR THIRD YEAR
(1977-1978) COMMUNITY DEVELOPMENT PROGRAMS DEFINED AS "ALTERNATIVE A."
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
ViceMayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
Mr. Plummer: Charlie, for your edification, I'll will want a breakdown of why
we are spending $600,000 in administration. I don't want an answer, I want a
breakdown.
9, ALCOHOLIC DETOXIFICATION
SERVICES TO THE CITY OF
II1AMI
Mayor Ferre: All right, let's
A) DISCUSSION OF STATE FUNDING; AND
B) FINANCIAL RESTRAINTS OF CITIES DEALING
WITH ALCOHOLIC PROBLEMS.
take up the Myers rehabilitation bill.
Mr. Plummer: Mr. Mayor let me try to make this as brief as possible, I was the
one that asked that this be brought forward. I can give a lot of rhetoric and
a lot of other things that are taking place as far as the alcohol problem in the
downtown area. I think a1l of you were forwarded a copy by the police chief as
to what he feels about the implementation of the Myers Act. Chief McCullough,
the Chief of Rescue, is here also which will bring to your attention, if necessary,
the problems that are created for his Department by the lack of the State fully
implementing a program which is presently on the books. I have asked that they
come here today including the gentleman from, or the head of the Detox Center,
OCT 141976
•
pally ekplain to this Commission as you receive as I receive many calls about
he alcoholics in the downtown area, our streets everyday are more filled with
[e alcoholics than they were the day previous and 1 think 1 can sum it up by
crying and using Garland Watkins/ one paragraph: 'Many smaller cities have ade=
guate facilities for detoxification in treatment of alcoholics but Miami does
not at the present time. The result is that we have an increase in derelicts
in our downtown area, many of whom become involved in crimes both as victims and
as offenders at a very high rate.' Now, I would just like to know what is being
done, why the problem is getting worse instead of better and what can we do since
it affects this City more than any city in the State of Florida to help alleviate
this problem. You want to start out?
Mr, Quigley: My name is Jim Quigley. I am the Director of the Dade County
Comprehensive Alcohol Program. The problem is that we have not been able to
make an impact on the downtown chronic alcoholic population and this is nothing
new, we were here last year on the ship bit. We need some place to put these
people. We sit around year after year and we say when are we going to do some-
thing?, and for two or three months something comes up where we spend a lot of
time and spend a lot of wheels and nothing gets done.
Mayor Ferre: I'll tell you what we are going to do. Mr. Grassie, it is my
opinion that we ought to institute the City of Miami a lawsuit against the
State of Florida, and I'll tell you why, because they put --and I'm so sick and
tired of the State pulling the same thing over and over again, and I was part
of it when I was in the legislature and here is what they do-- they legislate
laws which cost the City of Miami millions of dollars and then they don't funa,
they don't give us any relief and then they put a 10 mill cap and tell us we
can't go over 10 mills and they force us to do things which are undoable; now,
as far as I'm concerned, I think this is a typical case in point.
Mr. Quigley: Mayor, let :;ie reinforce what you are saying, when we started this
program we were given $510,000 by the State to start the program in 1973-1974.
It was to implement a program with not enough funds. The next year they increased
it by $300,000, to $800,000. The next year, which is last year, they increased
it by $300,000, to $1,100,000. The county supplies a 25% match to this. This
year, after being mandated to take over a black half -way house that was federally
funded the year before, after being mandated to increase the per diem rate in the
half -way houses, they give us $56,000 more. The mandated increases that we had
to respond to amounted to $171,000. I mean, you can't do without the money.
Mayor Ferre: You know, the similarity J.L., to this, and we see it time and time
again, is that they take these-- they run these things down our throats, pass
legislation, and they they walk away from them; they don't fund them, they expect
the local community to fund them, it's pure pie in the sky kind of stuff, and all
they are doing is creating tremendous social burdens problems and they are not
being responsible. It's just Like, Father - I'll tell what this is. It is the
same thing as the State did when they put these highways through Miami. They
built beautiful highways, o.k.?, that's very good. The Florida law with relation
to alcoholic offenses is very good; but then, they don't care about all those
black people that are living in poverty in that area, so you mend for yourselves
and you go find yourselves a p'.ace to i.s.,,-, and what they did is they forced
families who are already cramped to have to move in into quarters which have even
more cracks; and that is one of the worse injustices that the State has ever per-
petrated on the people of this State, it's this urban....the way they built these
roads. Now, this thing, in my opinion is just as bad, and I'm going to tell you
something, what we ought to do is the next time you pick up all those drunks you
ought to deposit them in Kenny Myers' house and have them sit there.
Mr. Quigley: Let me interject, in all fairness, I think the law was --the intent
of the law-- was very meaningful; it does work. We have people who get better
because they have been in treatment who return to jobs in our --worthwhile to the
community. The point I. would like to make is that within the restrictions we have
now, we could probably do something better.
Mr. Plummer: All right, let me ask this question. Your facilities at detox
presently will take of how many beds? How many beds do you have,
Mr, Quigley: Well, you really have to understand the whole problem, Detox is only
a five-day period,
Mr, Plummer: I understand, but that is the .nitial point 4t which we are having
the problem.
,
�.I•..
OCT 141976
Quigley: No, we take the people at it=take. We Medically assess theff at
In takes we can handle 30 to 40 a day at in -take, we have been doing that, We
then ttansport them either to medical or non -medical detox, of which there ate
110 beds. Then, the problem occurs. Even with those who are motivated and
avant treatment, we then only have 145 beds to put these people in, for a 3,411onth
program.
Mr, Plummer: Jim, you are talking about a total of 140 beds.
Mr, Quigley: No, we have...I mean, if you were to ask me how many beds do 'tie
have for alcoholics, we have 390 in the county.
Mr, Plummer: O.k., and let's admit that 90%, as Garland says, 90% of these
alcoholics are in the downtown area.
Mr. Quigley: Yes.
Mr. Plummer: O.k. What would you venture as a guess as to how many alcoholics
we have in the downtown area?
Mr. Quigley: Between 1,800 and 2,500.
Mr. Plummer: Now, let me ask you another question, and if the Mayor says he
wants to file a lawsuit against the State of Florida, I think the lawsuit should
be filed against the county, because if what I read here is correct, the new
legislature admitted they made a mistake and I read to you from Garland Watkins
Report that 'in involuntary detention of up to 12 hours' --amended in 1976 to 12
hours --'in a municipal or county jail' now, we don't have a municipal jail, we
were told that if we went to the county everything would be better, so we gave
up our jail facilities. In Miami, this provision has not been utilized as the
county jail will not accept such persons for detention. Now, what do we have to
do to force the county to do what they are supposed to do? The Senate and the
legislature made this provision, now - what do we have to do as a Commission
to make the county do what has been provided; because, let me tell you something,
you can talk about you: long-range programs all you want and I think they are
good, don't get me wrong, the problem that I see on the streets every night
in this City is that we take so;?ebody to detox on a so-called voluntary basis
and they are back out on the streets in an hour or two, they walk away from the
facility. You know it and 1 know it, it's reality. Now, if you could hold them
there for 12 hours you've got a good c;ance of sobering them up but it's not
happening, the reason it's not happening is that the county jail won't take them.
Now, what do we have to do to make the county do what is provided for in this
situation. And I want to get back to one other point, I understood you to say
that we have facilities to take care of no more than 400 and that this situation
is in reality about 1,800, at least. So we have about a 20% facilities of a 100%
needs.. What do we have to do to make the county do what was mandated?
Mr. Quigley: Well, I think this is the best thing you've done, really, is bring
it out. We are funded through the District Mental Health Board, through the
State. Garland is on my Alcohol Committee on that Board. AT the last meeting
he made a motion to create -I hope this will work- a new Task Force that is made
up of these individuals, Sandstrom at the jail, Sutton at Welfare, other people
who are really involved in this situation, come up with a method of coordinating
..I think we spend in our program about 2 million dollars a year. We should be
doing something better than we are doing with the $2,000,000, very honestly.
Whet we have to do is utilize a holding area in the jail, number one. I don't know
whether we can use that jail. I was thinking you were going to say we could use
the City jail, we have to use something and that will cost additional funds but I
think they can be transferred, we've done this with welfare. Fifty five of those
beds that I mentioned are being provided through welfare funds, they are not treat-
rn nt beds, they are auxiliary beds for all guys who will not respond to treatment.
So, it can be coordinated. I think the best thing you've done is bring it out,
best thing this law has done is bring it out, very honestly.
Mr. Plummer: Let me ask Chief McCullough to bring out his problem and what he
feels is a solution.
Mr. McCullough: This has been going on for quite some time and obviously it's
gotten worse during the last few years. In downtown Miami the Rescue Unit, which
is our busiest unit, responds to approximately 400 calls a month and over 10% of
their calls are alcoholic -related, and I'm not talking about the alcoholic that
has been stabbed , I'm not talking about the alcoholic that has had a heart attack,
I'm talking about the alcoholic that is lying on a bench and some one has called us
OCT 141976
mid has a heart attack; or the unconstious alcoholic that is lying on the weeds
Itld tote ohe has called us and he is an unconstious person. We respond in the usual
:WO or three minutes, give the patient an evaluation and we are tying up that fescue
Unit and making it unavailable for other calls. Overall, 6.5% of our calls this
year have been for the chronic alcoholic and not the chronic alcoholic that has
been injured. It has become a moral problem within the rescue division and we've
actually had people that we've spent money to train who have asked to be relieved
of this duty because it is no longer attractive to them, they are tired of pampering
the alcoholic, they stink, they are abusive, you may go to him once, twice or three
times in the same day. You take him to detox, you take him in the front door and
when you leave he leaves. We take them to the hospital when they have lacerations
or they have seizures and as soon as they come out of the seizure they walk out of
the hospital, there is no way you can make them stay there. You can't get them
treated. You can't send them to Ward D and have them held, so that they can be
treated. We became so frustrated a while back that we sought some help from our
Legal Department and they gave us some advice that they thought we could possibly
use the City Fire Code to arrest these people to force them to be treated and we've
done this a few times but we wind up confronting the police officer in the streets
where he thinks we are doing the wrong thing and he has to make the arrest. On
other ocassions, when the rescue is tied up dealing with an alcoholic in the street
another call comes in in the same area and now we respond an engine company in the
next nearest rescue so there has got to be a cost factor there, and it is not getting
any better, it is getting worse.
Mr. Plummer: What do you feel is the solution?
Mr. McCullough: Something that appears that would help would be is they can't be
detained, as it says in the law, if there was a place to detain them for 72 hours
like it says can be done that the police can detain them even though they don't
arrest them and if there was a facility where they would be treated for 72 hours
there is a possibility --and only a possibility-- that they could be evaluated
and it could be determined that they were incapacitated to the point that they
could not make the decision for themselves and get into the treatment system.
What is happening is that the vast majority of them are not getting into the treat-
ment system through the system that exists.
Mr. Plummer: Well, wouldn't you also agree that if they detained them for 72 hours
a hell of a lot of them would leave town?
Mr. McCullough: ....They might.
Mr. Plummer: I'd like to ask the same thing, and for the record, I asked through
the Manager originally that Police and Fire be brought here so I'm not circumventing
any of the Charter. I'd like for Chief Klimkowoski to represent the Police Depart-
ment in what he feels --the same question-- what you feel is the problem and what
you feel might be a solution.
Chief Klimkowoski: Thank you. I think we may have to go back in the history and
put this in proper perspective. Four years approximately from the passage of the
Myers Act the police acted to keep the downtown area fairly clean. The cosmetic
apperance of the downtown area was approved because we had a law which permitted
us to arrest the drunks who were doing nothing more than being drunk and the
vagrants. So we used to arrest about 15,000 drunks per year and about 4,000 to
5,000 vagrants. Now the law has changed, not only this law but a lot of other
laws and they by,...let me point out to you, that it is no longer illegal to
play bingo under certain conditions, it is no longer illegal to have an abortion,
It is no longer, in some states, consensual homosexual conduct is now legal. What
I'm trying to tell the Commission► is the law has changed. It is no longer against
the law to be drunk. Now, when the Myers Act was passed there were sine provisos
built in to provide for involuntary treatment under a given set of circumstances.
And the law has been amended to provide for protective custody under a given set
of circumstances, but no matter what at this particular point and I think your
legal office will confirm what I'm saying, we are longer the human vacumm cleaner
of the downtown area and unless the law is changed somehow or another, we will
never go back to where we were four or five years ago.
Mr. Plummer: Chief, that's well and good. The question that I asked was what
problems is it creating for your Department, the existing situation, what
problems is it creating?
Chief Klimkowoski: Obviously, we cannot clean the streets as we used to. Chief
McCullough said if we had a holding facility and the legal basis for holding people
for holding people 72 hours. But I think you should check with the City Attorney's
office before we pursue that much further. State law says we can put people in
OCT 1419715
protective custody up to /2 houts but in view of the number of suits that we all
ite been involved in over a nutitbet of years, before we enter into an arbittaty
palicy of holding people for that length of tithe 1'tn sure you'll want to get
legal approval for that and also, Jack Sandstrom, in the county, may want to
have a voice in that too. There are no panaceas; we are an entirely new ball
gate today. The Myers Act took some things away from us that we, the community,
enjoyed for many, many years.
Mr. Plummer: Once again, is it creating problems for your Department?
Chief Klimkowoski: Of course. We would like remove the vagrants, and the derelicts,
and the drunks from Jesu steps with the same ease that we use to be able to. The
law does not permit that to be accomplished with the same facility that we were able
to some years back.
Mr. Plummer: Do you have any recommendation as to what we can do as a Commission
to help alleviate the problem?
Chief Klimkowoski: Well, one thing that I don't know has been pursued is whether
or not any attempt has been made to contact the County Commission to see if in
fact Jack Sandstrom can be compelled to accept people in his facilities.
Mr. Plummer: All right, so that is one area. Do you have other ideas?
Chief Klimkowoski: Hopefully the Commission can support Mr. Quigley in obtain-
ing the funds that he needs to expand his program so that it is much more viable
than it is today. Obviously he has been rather shortchanged.
Mr. Plummer: Where do your funds come from?
(INAUDIBLE COMMENT)
Mr. Plummer: When does this come up for a hearing where we could assist
obtaining these funds.
Mr. Quigley: Well, 1976-77 has already been appropriated
Legislative Session this year for the total appropriation
lative session the District Appropriation that is done by
get shortchanged. Now, when you talk to Senator Myers he
$10,000,000...
so it will be within the
and following the legis-
H.R.S., this is where we
says - well, we gave you
Mr. Plummer: For the State.
Mr. Quigley: For the whole State. Dade County gets $1,000,000 of that, which is
10% and we've got 33% of the problem. This has always been the same thing up
there. The other thing I really think that both chiefs brought up a good point.
If we could get a facility..now, Sandstrom is under the same set of circumstances
I am, he doesn't have enough place for the criminals and he does not want to take
the space he has to hold the drunks for 72 hours. If we could create a facility
I could move some of my staff into that facility, just like we were talking about
last year but we don't have a locked facility, therefore every time they bring them
if they don't want to stay they can walk back out again. So the 8,000 or 9,000
that we treated last year, you know, are duplicated clients.
Mr. Plummer:
Mr. Quigley:
Mr. Plummer:
You treated what, 7,800?
Something like that,....I thought it was over 9,000 but..
Mr. Mayor can I make a motion?
Mr. Quigley: There is a continuing problem in that just the locked facility
is only going to provide something for 72 hours...
Mr. Plummer: I understand, but I think that within itself would be a big help.
Mayor Ferre: All right Mr. Plummer:
Mr, Plummer: I would like to make a motion at this time that we instruct the
City Manager to immediately contact the County Manager within whose purview the
county jail is part to request --demand of theta that they provide the facilities
which were spoken of in the State law for protective custody up to 72 hours,
that is point a; point b) that we instruct our legislative liaison, Mr. Rick
Sisser, to do everything humanly possible to equate dollars to percentage of
program, i.e., 33% of the problem in the State is in Dade County, that Dade
OCT 141976
r
County reeeive at least 339E of fuhding and that this CoMMiasi sn
baeko s dh an action in its request to help alleviate the ebmfMt ity
iritihieM. 1 offer that in a Motion.
Mayor Ferre: Is there a secyo nd? The motion was, part A, that we
itnMediately request Dade County to meet their commitment on the
question of detention and (B) that we request Rick Sisser,our lobbyist
to help us in getting 33%, its worth 33% of the problem of the fund.
A11 right there is a second by Rose Gordon. Further discussion.
Call the roll.
The following motion was introduced by Commissioner Plummer,who
Moved its adoption:
MOTION NO. 76-887
A MOTION (A) INSTRUCTING THE CITY MANAGER TO IMMEDIATELY
CONTACT THE COUNTY MANAGER FOR METROPOLITAN DADE COUNTY
TO DEMAND USE OF THE FACILITIES OF THE COUNTY JAIL FOR
PROTECTIVE CUSTODY OF ALCOHOLICS UP TO 72 HOURS, AS
PROVIDED FOR IN EXISTING LEGISLATION: (B) AND INSTRUCT-
ING RICK SISSER, LEGISLATIVE LIAISON, TO DO EVERYTHING
HUMANLY POSSIBLE TO EQUATE THE PROBLEM OF DISTRIBUTION
OF STATE FUNDING FOR ALCOHOL DETOXIFICATION IN TERMS OF
AN ESTIMATED 33% OF THE OVERALL STATE ALCOHOLIC PROBLEM
BEING LOCATED WITHIN DADE COUNTY, THAT CONSIDERATION MAY
BE GIVEN TO REALLOCATION OF ADDITIONAL FUNDING TO THIS AREA.
Upon being seconded by Commissioner Gordon, the motion was
passed and adopted by the following vote -
Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES:. None.
Mayor Ferre: I pass the gavel over to the Vice -Mayor, Mrs. Gordon,
and I make the following motion: I move that the City of Miami, that
the legal department, City Attorney be instructed to investigate the
possibility of a test case. We take this and any other errors that he
can find where the state has imposed upon us a millage cap on the one
hand, has passed legislation to force us to spend money and number
three, has not funded the City of Miami appropriately and other govern-
ments and I would like that after you do your preliminary investigation
to take it to the League of Cities in Dade County and through Mrs.
Gordon, in local, Mr. Plummer in the state to take it to the Dade &
Florida League of Cities. because I think we got to bring this thing
to a head. just like we were bringing double taxation to a head locally.
I think we got to bring this matter in the state.
AYES:
Mrs. Gordon: You've heard the motion, is there a second?
Mr. Plummer: I second the motion.
Mrs. Gordon: Ok. Any discussion?
Mr. Plummer: Under discussion, let me just say one thing, Maurice,
last year one of the big things that the Florida League of Cities
tried to accomplish in the legislature was that the state not mandate
programs on the city, unless appropriations were made.
Mayor Ferre: Yea, but you see.
Mr, Plummer; I understand but it wasn't done.
Mayor Ferre: Let me tell you something, there is only one way that
OCT 141976
deal with the Mule you get a 2 x 4 and you crack him on tre head.
Let me tell you ... there was movie I forget which, I think it was
tutch Cassidy and the Sundance Kid, let me remind you of the scene,
See, Hutch Cassidy gets back from the robbery and here's one of these
guys and he says I'm the boss now and the guy says who made you the
boss. He said, well, he said, you said that anytime that i could
Challenge you. Well, I'm going to challange you, do you want a gun
or do you want to fight it out with a knife. He said, no let's just
talk about. So, he takes off his shirt and the guy goes over and
he's standing there waiting to'fight and this guy kicks him right
in the middle of you know where and the guy doubles over with pain,
and he says, what we have here is a the last of communicattioonns. ingto
Now, what I mean to tell you is that:s the only way you're
get the attention of the state. Let's go in there and kick them
you know where and take it to the Supreme Court if we have to of the
State of Florida and get this thing behind us.
Its and time what that the it
legislature realize that they can't goup there
is pie in the sky liberalism. I'm a liberal, ok. And I say it loud
and clear with the sense of pride.
tthink
in theits
sky liber lsthings
liberals to start recognizing hat these pie torn
that sound good and fiery and justklhave
m forgot
JimmieeCarter.
down to reality, see, by the way, that's why
Mr. Plummer: I just want to remind you Mr. Mayor, that if I wasn't
on this Commission none of you'all would be liberals.you'd be moderates.
Mayor Ferre: Plummer, I'm not going to answer that because if I
answered you,ycou might get your feelings hurt. Call the roll.
The following motion was introduced by Mayor Ferre, who moved
its adoption:
MOTION NO. 76-888
A MOTION INSTRUCTING TESTHECCITY
YE TTORNEY TO T THEINVIESTTY OGATE
THE POSSIBILITY OF A
F
FLORIDA IN SITUATIONS WHEEDIN SUCH AGAINSTFCITIESAL MAKING�INTS
AS MILLAGE CAPS ARE IMP
DIFFICULT THE ENFORCEMENT OF CERTAIN STATE LEGISLATIVE
ACTS; AND THAT THIS MATTER BE BROUGHT TO THE ATTENTION
OF THE DADS LEAGUE
NCITIES
REPRESNNTATIVESOFDTHELEAGUE
CITY OF
CITIES BY THE APPOITED
COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote -
AYES: Commissioner Manolo Rebos o
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon NOES: None.
Mayor Maurice A. Ferre
EMERGENCY know! ORANGE BOL USE ps i
Mr. Weston: Yea Mr. Mayor, you have before you an ordinance which
(interrupted by the Mayor) the ordinance has been prepared by the
personnel from my office in corporation with the Administration, which
we believe will establish the proper fee and eliminate the ambiguity
as presently existing.
Mt Plummer: Wp11, let me ask you this question. I understand what
you're saying and I'll move it be adopted, but what I want to know
is when are we going to know something about getting this injunction
lifted, is this thing been set for court?
Mr. Weston: No, this is part of the procedure necessary to take
the next step in that Mr. Plummer.
Mr. Plummer.: Well, have you requested a court date?
Mr. Weston:
my answer.
I can't do that until I have this in order to prepare
Mr. Plummer: Ok. I move that we adopt the ordinance as presented
to clear up any confusion that...
Mayor Ferre: Now, Mr. Plummer, I recognize you for the motion, but
I want to tell you something, you know, we got into hot water by
doiag just this thing last time around and let me describe the scene
and I want to remind Rose Gordon, and all of my fellow commissioners
here that last year we passed a resolution which is drafted by the
City Attorney's Office, and which in the middle and by the Management
and what -have -you and we voted upon it and then in the middle of
negotiations with Mr. Joe whats-his-name, I don't know what his name
is, Dan Paul,the Attorney for the Dolphins all of a sudden pops out
and says well you know, such and such and Grassie was just flabbergasted
and our City Attorney said yeah, I guess there is a loop hole there
or there is ambiguity or there is what -have -you. Now, here we are
again, now we're going to pass a corrected measure to correct that
loop hole, right, are we sure we done all the reading and all the
... are we going to be back six(6) months from now to hear from that
trying to correct this one?
Mr. Weston: Not that I can foresee Mr. Mayor, we have spent hours
going over this thing and eliminating any ambiguity that we can
foresee.
Mayor Ferre: Mr. Grassie, are you satisfied?
Mr. Grassie: They are my attorneys also Mayor. Yes.
Mayor Ferre: I'm not asking you for a legal opinion. I'm asking
you, you are the Manager of this city, that means that you're in
charge with the assets of this city. Now, we're passing something
in theory, in philosophy, and we're setting the policy of the city.
I'm asking you as the man in charge with the Administration if you
have read this if you are in agreement with it and if you are satis-
fied with what it says. Not legally, but practically?
Mr. Grassie: Well, you know, the practical difficulty Mayor that
I have with the question is that we're in the middle of negotiations
and we appear to be changing our legal, that the basis for the
opinion that we have held for a long time.
Mayor Ferre: So what? Let me put it to you this way, Joe whats-his-
name will use everything in his power, you know, to negotiate with you
OCT 141976
4
0
nd I would assume that you wai ld do the sage thing with him
Grassie: I understand, but see we are in this sense somewhat
at a disadvantage right now. t1ow, the attorney tells me that this
is the best thing we can do and I have to concur. You know, if he
feels that,thats the best thing that we can do to take care of the
past problem then we've got to do it.
Mayor Ferre: Is the answer to my question. yes?
Mt. Grassie: The answer to your question is a modified yea You
know, frankly it puts us in an awkward position.
Mayor Ferre: Why?
Mr. Grassie:
hired line on
our ordinance
Well, very simply because we have been maintaining a
the basis of our ordinance and now we conclude that
maybe didn't say what we thought it said.
Mayor Ferre: That's fair game to me. Hey, listen we set the rules
around here and my question is you make sure that you set the rules
officially to give you the bargaining edge. Hey, let's get something
clear here, I don't want to be fair, ok. What I want is justice for
the City of Miami . Now let Joe Robbie and his attorneys and experts
and public relation people worry about being fair for him. I want to
make sure this is good for us.
Mr. Grassie: It didn't occur to me to take care of him.
Mayor Ferrel I'm not saying that you did Joe.
Mr. Grassie: What I am saying Mayor is that I'm relying on the
opinion of the City Attorney in this case. That's what I'm saying.
Mayor Ferre: You're relying on
Mr. Grassie: That's correct.
his legal opinion.
Mayor Ferre: I'm not asking you about the legal
asking you about the actual practicality of what
this ordinance means. You got to live with it.
negotiate on it. You're going to have to ...
Mr. Grassie: You know, I have to believe ... what you're asking
is difficult to respond to because basically if I give you a response
we are going to be talking about an area th3 t maybe in fact litigated
and I'm going to be on the record telling you where I stand on that
potential litigation and its... you know, you got me in a very awkward
situation.
of this thing. I'm
the effects of what
You're going to
Mayor Ferre: Ok. I withdraw the question. Let me ask you this, well
I won't even say that. But I would assume that if you do feel that
other changes that are needed you will come back to this Commission?
Mr. Grassie: Yes.
Mayor Ferre: All right. Ok, I think that Satisfies me,
Mr. Plummer: I move it.
Mayor Ferre: Moved by Plummer. Is there a second? Well, I'll second
it. Rose. you got the gavel.
Mrs. Gordon: Any discussion on the motion? Ca11 the roll please.
OCT 141976
k
Mr. Obgiet The ordinance hasn't been read, do you want me t8 r ad
Mr, WOaton?
Mr, Weatone Reads ordinance into the record.
Mrs. Gordon: •Now. will you call the roll please?
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 39-20 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, RELATING TO THE
CITY'S TAX UPON ADMISSION TO THE MIAMI ORANGE BOWL
MEMORIAL STADIUM; PROVIDING DEFINITIONS HEREIN; FUR-
THER ESTABLISHING AND LEVYING A CITY TAX UPON EACH
ADMISSION TO THE STADIUM OF 15% OF THE GROSS PRICE OF
EACH ADMISSION TICKET SOLD BY THE SPONSOR OF THE
STADIUM EVENT LESS ANY FEDERAL, STATE OR LOCALLY
IMPOSED TAX PAYABLE FROM SUCH ADMISSION PRICE; FUR-
THER REQUIRING SUCH TAX AMOUNT TO BE SEPARATELY
SHOWN AND PRINTED ON EACH ADMISSION TICKET; FURTHER
ESTABLISHING THE SPONSOR'S MINIMUM PRICE FOR ADMIS-
SION AS THE GROSS PRICE FOR ANY COMPLIMENTARY TICKET
OR PASS; FURTHER REQUIRING EACH SPONSOR TO PROVIDE
REASONABLE ACCESS TO RECORDS OF TICKET SALES AND
REQUIRING THE FINAL ACCOUNTING AND PAYMENT TO THE
CITY OF ALL SUMS DUE HEREUNDER AS SOON AFTER EACH
EVENT AS REASONABLY POSSIBLE; FURTHER IMPOSING A
PENALTY OF 2% PER MONTH ON ALL SUMS UNPAID AFTER
DEMAND THEREFOR AND REQUIRING THAT THE HEREIN TAX
AND ALL SUMS PAID TO THE CITY HEREUNDER BE DEPOSITED
DAILY IN THE FUNDS AND ACCOUNTS OF THE STADIUM FOR
THE OPERATION, MAINTENANCE, IMPROVEMENT AND DEBT
SERVICE OF THE STADIUM; ALSO RESERVING UNTO THE CITY
COMMISSION THE RIGHT TO ESTABLISH AND FIX SPECIAL
CHARGES, TERMS AND CCN DITIONS PERTAINING TO THE USE
OF THE STADIUM INCLUDING ITS USE BY THE NATIONAL
FOOTBALL LEAGUE FOR ANY POST -SEASON GAME OF SAID
LEAGUE; AND REQUIRING EVERY SPONSOR TO PAY THE CITY'S
COST OF OPERATING THE STADIUM FOR THE PARTICULAR
EVENT; FURTHER ESTABLISHING THE STAFFING REQUIRE-
MENTS OF THE SPONSOR AND CITY IN THE STAGING OF
STAGING OF STADIUM ATHLETIC EVENTS; AND REQUIRING
THE SPONSOR TO OBTAIN CERTAIN AMOUNTS OF PUBLIC
LIABILITY INSURANCE FOR BODILY INJURY AND PROPERTY
DAMAGE AND TO PROVIDE THAT THE CITY ..if; ThCLUDED AS
A NAMED INSURED IN SAID INSURANCE POLICY AND ALSO
CONTAINING A HOLD -HARMLESS PROVISION; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH AND CONTAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Plummer, and seconded by
Mayor Maurice Ferre, for adoption as an emergency measure and
dispensing with the requirement of reading same on two separate days,
wAYES.ww agreed to by the following vote -
Commissioner Manolo Reboso
Commissioner J.L. Plummer Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
17-7L-
Whereupon the Commie ion on motion of Commissioner PluMM r
and seconded by Mayor Maurice F'er're, adopted said ordinance by
the following vote-
A''►. Commissioner Manolo Reboso
Commissioner J. L. Plummer. Cr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOSS: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8579.
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.
Mr. Plummer: Mr. Grassie, Mr. Joe what -his -name had to put up
assurety bonds.
Mr. Grassie: Yes sir.
Mr. Plummer: Now, we know that everytime we open that Orange
Bowl and they use it. it cost money for the police for the lights,
grounds keeper and everything, is that being paid now?
Mr. Grassie: The City is paying its expenses out of the appropriate
budget, but its not happening is that you are not receiving the
anticipated revenues which have been calculated to support that budget.
Now, in a short long and since we're talking ain ut the beginning of
the fiscal year you are in a short run. In the short run that is not
a problem. if this goes too far, of course, it will be a problem
because you're going to cash flow dilemma toward the end of your
fiscal year.
Mr Plummer: So, you don't feel its a problem now?
Mr. Grassie: Well, you know its obviously a problem anytime we don't
receive revenue that we don't expect, but it is not a crisis.
Mr. Plummer: Ok.
11. PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION AND SPECIAL ITEMS.
Mayor Ferre: Presentation of Commendations to former City of
Miami Municipal Judges Carolos B. Fernandez, Robert A. Lazenby,
and Gerald Tobin.
Presentation of a resolution endorsing the Declaration of Pull
Citizenship and Human Worth to Marie Doland, President of Dade's
Employ the Handicapped Committee. Max Forman, Dan Holden, and
Harry Russell will be here.
Presentation of Commendation to Mr. James Fenton for his humanitarian
action.
Presentation of Bicentennial Certificates of Appreciation to all
the participants in the celebration of our nation's 200th Birthday.
The recipients are as follows:
Lt. Herbert Altman, American Legion Harvey Seeds Post (Commander
Spreen). APCOA (Nick Leone), David Armbruster. Marie Balaban,
Eastern Airlines (John Derose), Louise Harms, Chief Don Hickman,
.NEF
OCT 141976
Al Reward, P. Wayne Kiser, Betty <o12, i{orean Associatig31 of
dfeater Miami. (Moon Bee Park) , ?iionne LattiM re► 'bony tope2,
Jordan Marsh (Barry Holcomb), The Miami Herald (Mary Ann Linden),
Donald H. Moss, Isabel Ogden, Jay Ogden, Ralph Renick, Republic
National Bank (Anthony Caula), J. D. Sibert, George & remand°
Solano & Estrellas I, William Stirrup, Edward S. Stone, Jr. &
Associates, Chester Supinski, Michael Testa, Thompson Community
Voices (Corrine Thompson), Washington Federal. Savings & Loan
Association (Murray Kirschner), Chief Garland Watkins, and
Wometco Enterprises ( Bob Parente).
Presentation of Bicentennial Certificate of Appreciation to
Mr. James Mastin for donating to the City of Miami the lithographs
which hang at the entrance to City Hall.
Presentation of Vintage Automobile and Diabetes Foundation Weekend
Proclamation to Mr. Phil Johnson. President of the Vintage Automobile
Associatio n.
Presentation of Academia Cubana de Ballet Plaque to Marta del Pino
and Sonia Diaz
12, WAIVE RENTAL FEES FOR USE OF WATSON ISLAND - VINTAGE AUTOMOBILE CLUB OF AMERICA
(BENEFIT FOR ,JUVENILE DIABETES
RESEARCH FOUNDATION).
The following motion was introduced by Commissioner Gordon,
who moved its adoption:
MOTION NO. 76-889
A MOTION FOR WAIVER OF FEES FOR THE USE OF WATSON
ISLAND BY VINTAGE AUTOMOBILE CLUB OF MIAMI TO
PRESENT A CAR SHOW TO RAISE FUNDS FOR THE JUVENILE
DIABETES RESEARCH FOUNDATION.
Upon being seconded by Commissioner Gibson, the motion was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
OCT 141976
13.
' tNu tON yPLAQUES, CERT I F I cAT
OF APPRECIATION AND SPECIAL ITEMS`
Map r Ferre: presentation of Arbitration Week Procla ►ati On tb
Mr. J. A. Fiorillo, Aegioneitor, American Arbitration
AasoCi ation, and to the Honorable ,fudge San Silver.
Mr. Plummer: I would like to take this opportunity if I could.
We have in our midst to,lay t young lady, who is part of our
Counterpart sister city 4ro.,= from Bogota, who has been most
gracious on each and ever.- trig to help this grango along for
translation and she has done tremendous work for the Sister City
Program and I would like have her recognized and ask you to
present her with the key to 'hc city. If she would come up,
Miss Alicia Escovar from Columbia.
Mayor Ferre_ At this
Marshall. who is the r
is being filmed at the i'
you knowit is about io
L. Jones and Earnest
its appropriate as Mayor
an impromtu type of a th.
recognize Mr. Marshall, i:hn;
and I'm sure its a birj credit,
himself personally, but w: '
is involved and as Mayor
Mr. John Marshall
a symbol as of the ty k
industry and espccially
the City of Miami.
Mr. John Marshall:
and say that we're al
have filmed in tnanV
think I can truthfully
Mayor's Office and the pol
it) that have been so coo
filming in
cooperation.
like to present to Mr. John
the movie. the Greatest which
time in the City of Miami and as
and the main actors are James
Mohammad . of course. I think
ty of Miami and this is rather
i. to appropriate at this time to
for the work that he's doing
t only to his profession and to
ve'y happy that the City of Miami
City of Miami, I want to welcome
keys of the City of Miami as
that we have to the movie
' ng which I think is very close to
hank Mr. Ferre for his presentation
to be in the City of Miami. We
1d on various pictures and I
seldom worked in a city where the
oh I presume comes under you (does
and so helpful and it really makes
a city a cr.ure when you have that kind of
I'm from 'England as you probably can tell. And, its
the first time I've been to Fl{:rida. I've heard a lot about it and
I hope that one day 7 caya came hack here to make another picture.
Thank you. (aprlause)
14. SECOND READING ORDINANCE
Mayor Ferret We got to..
hearing on the emergency c
Downtown Development Aut:hc
here that wishes to speak
audience that would like
Emergency Ordinance for
would one of you move it
item #12. Would you
'TOWN DEVELOPMENT AUTHORITY:
['' AICI NG APPROPRIATIONS; AND
DEFINING TERRITORIAL NEEDS.
tern 12, out of order. There's a public
rice establishing the millage for the
��. which is item #12. Is there anybody
item #12? Is there anybody in the
;eak about item #12, which is the
town Development Authority? If not
ose Gordon moves. Father Gibson seconds
Mr. Weston: Reads tho into the record.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE 3 AKIN 'G APPROPRIATIONS FOR THE
DOWNTOWN DEVELOPMENT ARIT? OF THE CITY OF M;.AMI
FOR THE FISCAL YEAR ENDING SEPTEMBER 30. 1977; ,Ai,JTli'
ORUING THE DIREC:C,h iOF THL DOWNTOWN DEVELOPMENT
OCT 141976
AUTHORITY TO INVITE OR ADVERTISE FOR BIDS FOR THE
PURCHASE OF ANY MATERIAL, EQUIPMENT OR SERVICE
EMBRACED IN THE SAID APPROPRIATIONS FOR WHICH
FORMAL BIDDING MAY BE REQtJI RED : PROVIDING THAT
THIS ORDINANCE SHALL BE SUPPLEMENTAL, AND IN
ADDITION .TO THE ORDINANCE MAKING APPROPRIATIONS
FOR TILL FISCAL YEAR ENDING SEPTEMBER 30. 1977 FOR
THE OPERATION OF THE CITY OF MIAMI, FLORIDA: PRO
VIDING THAT IF ANY SECTION, CLAUSE OR SUBSECTION
SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL NOT
AFFECT THE REMAINING PROVISIONS OF THIS ORDINANCE.
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.
NOES: None.
Whereupon the Commission on motion of Commissioner Plummer.
and seconded by Commissioner Gordon. 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. 8580.
The City Attorney read the ordinance into the public record
and announced that copies were airailable to the members of the
City Commission and to the public.
( B. )
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE DEFINING AND DESIGNATING
THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOP-
MENT DISTRICT OF THE CITY OF MIAMI LOCATED WITHIN
THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE
PURPOSE OF TAXATION, FIXING THE MILLAGE AND LEVYING'
TAXES IN THE DOWNTOWN DEVELOPMENT DISTRICT LOCATED
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI,
FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1
1976 AND ENDING SEPTEMBER 30 19777 FIXING THE
MILLAGE AT FIFTY ONE -HUNDREDTHS (.50) MILLS ON THE
DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL REAL
AND PERSJNAL PROPERTY IN SAID DISTRICT AND PROVID-
ING THAT THE SAID MILLAGE AND THE TAXES LEVIED HERE-
IN SHALL BE IN ADDITION TO THE FIXING OF THE MIL-.
LAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI, WHICH IS CONTAINED IN
THE GENERAL APPROPRIATION ORDINANCE FOR THE AFORE-
SAID FISCAL YEAR AS REQUIRED BY SECTION 30 OF •THE
CITY CHARTER! PROVIDING THAT THE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS rOR IMPROVEMENTS
IMPOSED BY THE CITY COMMISSION OF THE CITY OF MIAMT
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI;
PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS
REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING
OCT 141976
i 4
MfLLAGE OR LEVYING TAXES FOR THE FISCAL YEAR BEG-
INNING OCTOBER 1, 1976 AND ENDING SEPTEMBER 30,
1007 BUT SHALL BE DEEMED SUPPLEMENTAL AND IN
AMITION THERETO: AND PROV1nING THAT IF ANY SECT/ON,
OLAUSS OR SUBSECTION SHALL BE DECLARED UNCONSTIT-
UTIONAL, TIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS,
Was introduced by Commissioner Gordon. and seconded by
mmissioner Gibsonfor adoption as an emergency measure and
dispensing with theiequirement of reading same on two separate
days, which
MSS:
Was agreed to by the following vote -
Commissioner 1anolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOM None.
Whereupon the Commission, on motion of Commissioner Gordon,
and seconded by Commissioner (ihsor., adopted said ordirtarice by
the following vote-
AYES: Commissioner Mlinolo 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. 8581.
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.
15. PERSONAL APPEARANCES - MEMBERS OF THE 1/4::iVIL SERVICE BOARD WITH THEIR COUNSEL
IN REGARD TO THE LAWSUIT,
Mayor Ferre: At this time we have to ta}e up a special item which deal
with the Civil Service Board and the crisis that we find ourselves in.
At this time I would like to ask Mr. Bob Paulk, Mrs. Pat Skubish.
Mr. Manuel Argues, Mr. Hadley, who else is here on the board? Is
Mr. Huttoe here?
Mr. Paulk: No Mr. Mayor.
Mayor Ferre: Who else is here from the board?
Mr. Paulk: Pat Skubish, Manuel Argues, Mr. Hadley, Sgt. Printz
and myself are here. Mr. Huttoe is still incommunicado. He is out
of town and I expect him anyday, but he is not in town at this time,
consequently I could not contact him.
Mayor Ferre: All right. Senator weisenborn, we're always privileged
to have you in our midst. Welcome to the city. At this time Mr. Paulk,
I think we can ask a question from you and Mrs. Skubish, since we
did have this matter in writing from you, whether or not it was the
majority will of the Civil Service Commission that this lawsuit be
placed, when did the Civil Service Board meet, and what was the vote,
which really is the first question. Secondly. the second question is
who is paying for the lawsuit., is it coming from city funds or who is
paying for the legal reprsentation?
Mrs. S. Weinstein: I've asked Mr. Weisenborn to p1eaee come in with
me of counseling this lawsuit. We would like a moment before we
answer your questions to just discuss with M. Patlk.
OCT 141976
4
Mior Ferret The ti.ird question that I want answered are
you representing all members of the board? I
Mrs. S. Weinstein: I have been retained, yes by the board.
Mayor Ferre: Well, I need to ask the board here when that Vote Was
taken and is it a matter of record and I'd like a copy of the Minutes
of it and I'd like to see the vote.
Mrs. S. Weinstein: Fine. As I say we just would like to have a
minute. We were not aware of the questions you would ask to discuss
this with our clients.
Mayor Ferre: Go right ahead. Do you want to discuss it with all of
your clients or with one, I'm questioning all of the members of the
board, through Mr. Paulk, who is the ... Senator Weisenborn, why
don't you go over to (if I can volunteer Commissioner Plummer's office)
is that all right J.L.? Why don't you go in there and discuss this
there and then we'll take it up whenever you're ready.
Mr. Weisenborn: Thank you.
16. CONFIRMING HAMMOCK SANITARY SEWER IMPROVEMENTS - (CENTERLINE SE1W0),
Mayor Ferre: In the meantime.
I'll take up item #10, which is a ruhlic
hearing on objections to confirming the Hammond1Saniitary SSewers anybodyhere mpr.
as
Is there anybody �wants
speak
to be heard#0on item #10? I will
an objector, or anybody �0aho wants
read into the record the following the Mr. W.C. Thecker, 351e S.W.
29th Road. Mr. Mayor and Commissioners:I am opposed
mmock
Sanitary Sewer Improvements. as I understand there already exist a
sewer main in front of my property and the improvement would only be
the installation of a lateral to my woerty ask th at•thisnce parthof theis n
not affect the neighborhood as a whole I
improvement be dropped and that I not be assessed. Mr. Thacker.
Mr. Grimm, who is going to answer that?
Mr. Grassie• The acting public works director will answer that.
Mr. Parkes: Mr. Mayor, would you please repeat the address so I can
look on the map?
Yea, this is Mr. Thacker,W.C. -351 S.W. 29th Road.
Mayor Ferre:
Mr. Parkes: He is sewered and he would not be in the district. He's
out of the district.
Mayor Ferre:
objectors or
Mr. Plummer:
Mayor Ferre:
on item #10.
All right, so that answers itself. Are there any other
objections? Hearing none. Is there a motion?
I move.
Plummer moves. Gibson seconds. Further discussion
Call the roll.
OCT
4 976
ENE
Th0 f lowinq resolution was introduded by Cornffiissionaf
Pltiffe r, +►rho mt ted its adoption:
RESOLUTION NO. 76,4390
A RESOLUTION CONFIRMING ORDER RESOLUTION NO.
7g..786 AND AUTHORIZING THE CITY CLERK TO
ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCT
1ON OF HAMMOCK SANITARY SEWER IMPROVEMENT
SA.-5411 C (CENTERLINE SEWER) IN HAMMOCK
SANITARY SEWER IMPROVEMENT DISTRICT SR-5411 C
(CENTERLINE SEWER).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the
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.
17s ACCEPT COMPLETED WORK - N.W. 29TH STREET HIGHWAY 1MPROVEMENTS
There was no objectors nor objections present.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 76-891
resolution
tf
A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION
WORK OF THE INSURANCE COMPANY OF NORTH AMERICA,
SURETY COMPANY FOR G.T.F. CORPORATION, FOR THE
N.W. 29 STREET HIGHWAY IMPROVEMENT H-4361 IN A.W.
29 STREET HIGHWAY IMPROVEMENT DISTRICT H-4361 AT
A TOTAL COST OF $570,791.51; ASSESSING LIQUIDATED
DAMAGES IN THE AMOUNT OF $12,200 FOR 122 DAYS OVER-
RUN OF CONTRACT TIME;AUTHORIZING AN INCREASE OF
$12,200 TO THE CONSULTANT, R.J. ROSS ASSOCIATES,INC.,
AND AUTHORIZING A FINAL PAYMENT OF $85,489.59 TO
INSURANCE COMPANY OF NORTH AMERICA (BONDING COMPANY),
AFTER APPROVAL OF SAID PAYMENT BY THE CITY ATTORNEY
UPON HIS REVIEW OF ALL CONTRACTS AND RELATED DOCUMENTS.
(Mere follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon, the resolution
was passed and adopted by the following vote -
AYES:
Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
OCT 1.41976
4
18, CONFIRMING OARING
RESOLUTION HAMMOCK SANITARY SEWER IMPROVEMENTS (SIDELINE Ste)
Mayor Terre: Is there anybody here to speak on the 43" portiC a
item 10?
Mr. Weston: Reads the resolutions into the record.
The following resolution was introduced by Commissioner
Plummer who moved its adoption:
RESOLUTION NO. 76-892
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO.
76-787 AND AUTHORIZING THE CITY CLERK TO ADVERT-
ISE FOR SEALED BIDS FOR THE CONSTRUCTION OF
HAMMOCK SANITARY SEWER IMPROVEMENT SR-5411 S
(SIDELIND�TRICT) IN HSR HAMMOCK
ITARY (SIDELINE SCR) •
R
IMPROVEMENT
(Here follows body of resolution,
thelCity Clerk).
d here and
on file in the Office Upon being seconded by Commissioner Gordon, the resolution
was passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
19, SECOND BEADING ORDINANCE: APPROPRIATE $3 C00 TO DOWNTONN SENIOR CITIZENS
COMMUNITY CENTER INCORPORATED.
•
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 8466, PASSED
AN ADOPTED ON SEPTEMBER 26, 1975, AS AMENDED,
WHICH MADE APPROPRIATIONS OF FEDERAL REVENUE
SHARING FUNDS FOR THE FISCAL YEAR ENDING SEPTEM-
BER 30, 1976, BY DELETING THEREFROM THE $3,000.00
APPROPRIATION THEREIN TO DOWNTOWN SENIOR CITIZENS
COMMUNITY CENTER, INC.; AND BY INCREASING THE
APPROPRIATION THEREIN TO COCONUT GROVE FAMILY
CLINIC BY $500.00; AND INCREASING THE APPROPRIATION
TO ST. ALBAN'S DAY CARE BY $500.00; AND INCREAS-
ING THE APPROPRIATION TO EDISON LITTLE RIVER:
PROJECT YOUTH BY $700.00; AND BY INCREASING THE
APPROPRIATION TO J.E.S.C.A. -HOT MEAL BY $500.00
AND INCREASING THE APPROPRIATION TO COCONUT
GROVE AFTER SCHOOL HOUSE BY $300.00: AND INCREAS-
ING THE APPROPRIATION TO COMMUNITY TELEVISION OF
SOUTH FLORIDA BY $300.00: AND INCREASING THE
APPROPRIATION TO ACTION COMMUNITY CENTER BY
$200.00; REPEALING ALL ORDINANCES, CODE SECTIONS
OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE
IN CONFLICT; AND PROVIDING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Gibson, and seconded by
COMMi0Oioner Plummer and passed on its second treading by title
OCT 141976
by the following vote:
AYES: Commissioner Msrlolo Reboso
COMMissiorier (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon NGEGS1'f�.
Mayor Maurice A. Ferre
aAII) OEDINANCE WAS DESIGNATED ORDINANCE NO 8582.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City COMM..
iS ioh and to the public.
, SECOND READING ORDINANCE: PENSION EMOLUMENTS FOR CITY MANAGER,
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, 6COMMENCEMENT)OFWITHIN
EMPLOYMENT
DAYS FROM HIS OR HER
AS CITY MANAGER OR WITHIN 30 DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; FURTHER AUTHOR-
IZING, AT THE OPTION OF THE CITY MANAGER, THE
ESTABLISHMENT OF A SEPARATE ACCOUNT IN THE OFFICE
OF THE DEPARTMENT OF FINANCE TO CONTAIN DEPOSITS
OF THE CITY'S CONTRHE SAME BAASI3HAE SCIFYTHE ACITY, s
CONTRIBUTIONS UPON
MANAGER WERE TO BELONG TO THE AFORESAID RETIRE-
MENT PLAN; PROVIDING FOR THE PAYMENT TO THE CITY
MANAGER OF ALL MONIES CONTRIBUTED BY THE SAID
MANAGER TOGETHER WITH INTEREST THEREON 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 TOGETHER WITH
INTEREST THEREON IN THE EVENT OF EMPLOYMENT TERM-
INATION AFTER THE COMPLETION OF 5 YEARS AND PRIOR
TO THE COMPLETION OF 10 YEARS; FURTHER PROVIDING
FOR THE OPTION OF CLAIMING ALL RIGHTS, PRIVILEGES,
AND BENEFITS UNDER THE MIAMI CITY GENERAL EMPLOYEES'
RETIREMENT PLAN AT THE CCMPLETION OF
10 UPON THECUTIVE
YEARS OF EMPLOYMENT AS CITY MANAGER
TRAN-
SFER TO THE RETIREMENT BOARD OF THE PROCEEDS OF THE
AFORESAID SEPARATE ACCOUNT ESTABLISHED HEREUNDER
AND FURTHER CLAIMING AN ADDITIONAL RIGHT SUBJECT TO
CERTAIN CONDITIONS OF TERMINATING EMPLOYMENT PRIOR
TO REACHING NORMAL MINIMUM SERVICE RETIREMENT AGE
AND RETAINING MEMBERSHIP STATUS UNTIL REACHING HIS
OR HER NORMAL MINIMUM SERVICE RETIREMENT AGE; RE-
PEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT;
AND PROVIDING A SEVERABILITY PROVISION.
Was introduced by Commissioner plummer, and seconded by
Commissioner Gordon, and passed on its second reading by title by
the following vote;
OCT 141976
Comm issioner °'lanc to Reboso
Coissioner Rev.) Theodore Gibson
Coit►rtlissioner T. I. Plummer, Jr.
Vice -Mayor Ro3e Cordon
Mayor Maurice A. Fevre NOES
PAO ( isAN E WAS DESIGNATED ORDINANCE NO. 25- 1.
The City Attorney read the crdinance into the public record
and announced that copies were available to thc• members of the City
Commission and to the public.
21, SECOND RF.P►D U G OKDI NANCE : (3ELETE
?ECT ;VEPT WARDS AND VA t 12 OF CITY 0 HGDENC I EES) .
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALIN« CEAPTER 12 OF TI-'E
CODE OF THE CITY OF MIAMI, FLORIDA,
ENTITLED "DETECTIVES, GUARDS AND PATROL
AGENCIES".
Was introduced by Commis.ioner Plummer, ar.d seconded by'
Commissioner Gibson, and passed on its second by title by the.,
following vote:
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore < ibson
Commissioner J. L. Plummer. Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre. NtjES: None.
SAID ORDINANCE WAS DESIGNATED OR3INANCE NO. 8534.
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.
mmw
•
22, C"1Vi1_
Mayor" Fewre:
of the Civil
Weinstein that
All right, Mr.
that we asked.
Mr, Robert Paulk:
Civil Service Board
in the morning the
Budget of the Civil
upon the Ci ty Cotnana.s.t
commenced at approk #
the Public Hearing:at
t..
retain our hudaetn0;°
Mayor Ferre: I c',a
Mr. Faulk:
Mayor Ferro: 4
want a yes asor
suit in. courts..
Mr. Paulk:
Mayor Ferret
Mr. Faulk:
'that I proceed
in court in the
Board's Budget: ;
Mayor Ferre:
are members of :-1
their understana.
person on this ziy
Pat Skubish and. th
understanding of, t
INAUDIBLE
Mr. Paulk:
Mayor Ferre:
authorized?
Mr. Pauli.: It
to litigate it.
Mayor Fero::
institute a
to do that?
Mr. Faulk;
Mayor Ferre:.
you voted on.
Mr. Manolo Are';:,:
against the C17
I voted in that
Mayor Ferre:
lawyer and the
a permanent in
9Qe4 and 3 t t
tkr,. +r ueS; NS?,
Mayor Ferre;
A?FLAi\ k;yk..
a i L.i v �. •` i KL
pleases Would you tell the metiers
'ith Senator VQeisseiiborn and Miss
M and We `ve got to trove alongU
rou ve heard the three qeytioiis
I'd to the Special Meeting of the
,51 September at approximately 9:28
tiered at this Special Meeting the
d.ttte under two motions (1) to prevail
1i40 in the 'Workshop ,Session to have
sattie day and likewise once again at
day to request of the commission to
of personnel.
Paulk.
on'is
trove
Siriil , ariel:_ just
o esta,lish this law-
,
o request funds from..
Mayor. They directed in a motion
t .;funds to pursue to litigate this
ailed to fund the Civil Service
akethat action, yes.
their heads in the audience who
going to ask them whether this is
s.'comes as a surprise to this one
.:,,with Mr. Manolo Argues and go to
bre.. Mr. Manolo Argues, is that your
My question is was it
unds.to be able to file a lawsuit
tion:is were you authorized to
Vice:Board? Did you have authority
clues, since you were present and
I voted to file a suit
.opinion about to reduce the budget,
.as ,beer, filed, and I'm not a
c<traitning order and including
th,7e how far this lawsuit
Argluese (UNINTELLIGIBLE)
dY Ferree All right, thank you: Now I'll ask the next member, Charlie Hadley,
t Charles Hadley: Mr. Chairman, I want to say this, this was a Special meting
�►Md I can't vote either way if I'm not there. Se what I'm trying to say to you,
I didn't have anything to do with it and when it was brought up to the Board I
suggested they sit down, board, and have a meeting with the commissioners. I
feel when you have the minds of these people that are elected for this City of
Miami that you can, just at the last meeting and this is what I've suggested to
them. We'll get one of these things before, Off Street Parking. But I always
thought that I was appointed, some was elected, if there are things going wrong
that the minds could get together. Now I haven't been consulted at all by
telephone or nothing. ... a part of this!
Mayor Ferre: What? You mean to tell me that you'd take an action like this
Without even consulting one of the members of the Civil Service Board?
Mr. Paulk: I discussed this with Mr. Hadley on the morning of the 28th of
ember when I asked him to be in attendance at the Special Meeting.
INAUDIBLE
Mayor Ferre: All right, Mr. Hadley, is there anything you want to add furthe
what you said and what Mr. Paulk has just said?
Mr. Plummer: Well, Mr. Mayor, can other members of the commission inquire?
Mayor Ferre: Absolutely, please.
Mr. Plummer: I wanted the record very clear. Mr.
be a little difference of opinion I would like for
as I understood you said that you were not called,
were not in attendance when this action took place
if it is wrong please correct it for the record.
Mr. Hadley: Mr. Chairman, what I'm saying to you, I was not present at this partic-
ular meeting. I was not present to this commission. Now I don't have to lie to
none of you and I'm not a liar!
Mayor Ferre: Alright, Mr. Hadley. Do you want to say, Hobby?
Mr. Paulk: The only thing I can confirm is that Mr. ....
INAUDIBLE
Mayor Ferre: No, sir, let me run
and this is not a board of public
this is commission business. Now,
Mr. Faulk: Mr. Hadley was not in
out of town, Mr. Hadley not being
three members which is a quorum.
Hadley, since there seems to
you to repeat for the record'
you were not consulted and you
. Did I understand that, or
this if you don't mind. Now this is not a court
inquiry of any kind. This is a commission and
Mr. Paulk, do you want to say anything?
attendance at the meeting. Mr. Huttoe being
able to be in attendance the meeting was by
Mayor Ferre: It was a quorum of thrue at the meeting..
Mr. Faulk: That is correct. Mrs. Skubish, Sergeant Printz and Mr. Argues were
in attendance.
Mayor Ferre: All right. Mrs. Skubish and Sergeant Pri:.tz, Mrs. Skubish, would.
you step forward and answer the same question if you wou...d, please.
Ms. Pat Skubish: Hello, Mr. Mayor and members of the commission, my name is Pat
Skubish. What did you want to ask me?
Mayor Ferre: In your opinion, the statements that were r.ade by Mr. Faulk and the
statements that have been made by counsel here, when you voted on the 28th day of
when was it, August? September, dic you vote for the Civil Service Board institut-
ing a lawsuit that would include a l:rma:ent injunction E.gainst the city?
Ms. Skubish; Yes,
Mayor Ferre; The answer is yes,
Sgt. Printz; Yes, sir,
thin4 you, Serge44W Pint
4'
OCT
1 4 3E, 6
•HMayet Verre: All rivht.
Bgt, PrintI hight answer, .eti 4:1' .(1) I -Made thef:t6tiOn'tia intti4L
tote a lawsuit aCainst theLI t LtithSWete not aVailable and the cofthisk
Sion did not sufficiently- 'filhd:( th Cher'stipulates that I was in favor and
the Motion passed by a thrtenOthi , : .;one, and you indicated Mr, Mayors
yoU-
're not an attorney not aM-.-'t 86fw that there are litigation and it
_
the ptocedings litigation thereate:Ctitain things that you haVe to do. The
itportance of an injunction and a'teMpOtaty And permanent restraining order is
Such that it can do one of two things,* Either the commission can change its
Mind and the thing be withdrawn*:else:Ilm can go to court and have a judge of
which we and the motion w.asA:ohaVelitigated in court and a decision Made.
So I don't think it is that'IMporanty:f:using the words and emphasizing the words
a permanent and temporaty,4,njUaCt ' ''OauSe that is the v.-ay you nave to proceed
in a court of law. I dk th''' :Way:and I am not an attorney nor do 1
profess to be one.
Mayor Ferre:
Mr. Plummer:
Sgt, Printz: No 1 did h
mr. Plummer: Alright, thA
to it being filed? No?•
to being filed? In other ,
that none of you were furnl*
what its contents are prio
All right,
Mr Printz:
Ms. Skubish: May I say,
yesterday and I read every
Mr. Plummer: Then your
indicated he did not see'
Is that correct?
Sgt. Printz: May I
to it being filed.
Mr. Plummer: Yes, si
Sgt. Printz: No,
Mr. Plummer: didn'
Sgt. Printz: No, I di
Mr. Plummer: And toy
INAUDIBLE
Mayor Ferre: On behalf
Senator Weissenborn: Is
of the board?
Mayor Ferre:
We have no.
Mayor Ferret I do notn0,„,,„ ,
order because that sub60t;'.4*k,
comes before us I'll redO5i4;
then proced in court 4.11-,,L
see what the fell'eLtnt
questions from its Civil SO: ti*
Senator Weissenborn:
Senator Weissenborn: Would
Mayor Ferre; Yes, sir.
Senator Weissenborn: Ii
does provide that the eo4140A11(
in writing the reasons for the r*oN
fa41.1- see this lawsuit prior::
Jdid you see this lawsuit prior
•
then all of you are indicating
k-laWsUit so that you could know
tnesuit. Is that correct?
have received a copy of the lawsuit
mord and I totally agree with it.
ok VM just asking. Mr. Printz has
notsee it, Mr. Argues did not see it.
e:A4estion is did I see it prior
• in total agreement with it.
not see it to approve it.
was filed.
•ask of Mr. Paulk. Mr. Paulk....
a or4 state what your inquiry is.
Consider the removal of the members
yet, sir. That has not been decided,
will not be that kind of proceding?
eissenborn and I will rule you out of
at the present time. If that subject
arstatement into the record and you can
AbMething that we will decide after we
All this is ris thu commission asking
"eriOkat this stage of the game.
rther question?
yoto gleotin9 but the chartor
er of the boar4 upoll pt4ting
1143n O iez to he hp4r4 4nd tc.
amatt—,i
r-
•
OCT 14 76
Present a defense. Now in light of that obviously this can't be that kind of
teetirig.
Mk, Pluihmeri That's a later date,
Senator Weissenborn: That's right. So :he question t asked you is do you hat/6
in Mind this meeting might turn into tha. and if so f Vigorously object to it
because there is nothing in writing,
Mayor Ferre: Senator, let me tell you that I do have it in writing and I may pass
it out and if I do that and this commission votes on it then I would like to ,:ell.
you that we will give them the reason and the cause and then we will call a jpeet
ial Hearing for them to present themselves at a further date.
Mr. Plummer: Mr. Paulk, to your knowledge, sir, was this final draft of this
lawsuit ever presented to the members of the board?
Mr. Paulk: No, sir, not entirely.
Mr. Plummer: To your knowledge, was this final draft of this
by and directed of the board to file?
Mr. Paulk: No, it was not.
Mr. Plummer: Thank you.
Mayor Ferre: Mr. Paulk, let me ask you another question. I'm asking a question
of Mr. Paulk, lieutenant, and I'll recognize you in a monunt. Mr. Palk, did-
you see the copy of the lawsuit?
Mr. Paulk: Yes, I did.
Mayor Ferre: Before it was... But you did not call the members of the Civil
-Service Board to discuss it with them or show them copies. Is that correct?,'
Mr. Paulk: No, sir, I did not.
Mayor Ferre: All right, lieutenant .pow, if you will.
Lt. Ken Harrison: Mr. Ferre, I'm concer.ied at your last comments. I would remind
this commission there is such a thing as a five day rule. Apparently you're going
to waive that and violate it. It seems .add to me....
Mayor Ferre: Is there a motion that the five day rule be waived at this time,
suspension of rule?
Mr. Plummer: It's not a motion, any commissioner can invoke and that takes
precedence but to my knowledge no one has objected.
Mayor Ferre: Does any commissioner want to invoke the five day rule at this time?
Mr. Plummer: There was a motion mad` in the morning session, Ken, in which the
commission by unanimous vote asked that this be heard at 2:30 so I think that
would predicate that.
Lt. Harrison: To be heard in this manner? The Mayor has indicated, I would say
threatened, that he has additional data to bring in which will involve, the removal
of people and his implication is that he's going to pass it out to the commissioners.
Mayor Ferre: Senator Weissenborn asked me a question, I answered the question -
at this stage we're not dealing with the removal of members of the board.
Lt. Harrison: Could I ask as an employee and as a taxpayer of this community what
is the intention of this board at this time?
Mayor Ferre: Do you live in the city new?
Lt. Harrison: I own property in the city, yes. And because 1 elect to #�.ay the
city more taxes by not taking a Homesteed Exemption on the property that I; own in
this city you benefit in your tax revent., fro:., that,
Mayor Ferre: What's your question?
Lt. Harrison: What is the intention. of IIle Mayor at this time w;.th this
It's not on the agenda, sir and you :snow these agendas Ora public dgcu.*nert.s,
public hearing and you,..,
C.4
OCT 14 .57 6
1 u i,l (,`';j
Mrivrir I:'�,�:x'
the: Chatter
it if
you` re out;
Harrison: )s a to
Mayor Ferre: Idon ` slave
what I decide what I'm goinc
intentions are. Now are the
Mr. Plummer: Since it i.s
redord, sir, that you haWe
Rt. Paulk,: Yes, sir,.
•P luaune r : And to
Paulk: That is:
Mrs Plummer: 7:1e hukt:
for me, does the same,;,
in Which only the Ci-iair 'ra
°Mr. Paulk: NO, sir. , Imo.`
: iness, Mr. Plummer,
Mr. Plummer: All righ
authority did you act.
Mr. Paulk: I didn't
if they would participa_
The Board was in agreeitchL.
Mr. Plummer: So then.
Special Meeting.
Mr. Faulk: That is CO2
Mr. Plummer: Thank your
Mr. Faulk: 1, didn't aro,i
payment for this lawsuit.
Mayor Ferre: Would you,
if anybody or are the :;erg:
Mr. Faulk: I've been . str'u,ct
Board did direct that the reque,
is contained within the: laWsUit:
Mayor Ferre: Now let rrtc .un
request funds for the 1awsUi
Mr. Weston: You mean to the
Mayor Ferre: No, to the Cit
Mr. Weston: Not that I 4ricilw
plaint but I have only just,
Mayor Ferre: .',1ummer, you
ber their requesting for
Mr, Plummer; No, ,:fir;
budgets,
Mayor Ferret Mt.
tell us if he temembex'5
Mr, PlUAMert We ;
for 'This i�wsti t,
114YQr, Fee; It's in the
Ay• ,f the ci'
,s..� :at,.(! • ths,
rule they :,,:y .
'or,tiriue asking
of M,i 1mi and under
t Ltd and: discuss
Now other than
questians'..
intention of your ptoceding
ytt fttion until I get to the point of
sit dow:. you'll find out what it /
estions at this tite of Mr. Faulk?
aulk, you have indicated for the
Huttoe, the chairman?
ri 'fir ae to dt
Gybe youtan_answer,
here at t " O cOir ttisa
be .able to do hut
-
be, sir, at whose
card ,members and asked them
air -over the Civil Service Budget
ted the ,call for,';a.
ayor'proferred insofar as the
or by City funds.
ornmissiori who is paying for the lawsuit
ered to the Civil Service Board?
e1 not to answer the question. The
.funds be paid for by the city and it
.r quested.
Correct now. Did the Civil Service Hoard
t• in the ,. cos-
you rem-
1l any of their
Gorton 'Would the C:l erk
pney
OCT 7'
0
Mr, P1 niter: When di i ycu ever request Money for the lawsuit?
$milk: I don't ecall specifically asking for the stoney, CoiiMissidne P1th Meg.
de recall outlining to the cottttrtission that the possibility of a laws it exiethdt
ayor Ferre: I remember that threat, yes.
1keii. Gibson:
But you didn't say who was going to pay for it,
Mayor V'erte: Or you didn't request the funds
Rev. Gibson: You
Mt, Paulk: No, I
Itev. Gibson: Nor
tdbhey, .
Mr. Paulk:
ttev. Gibson:
Mayor Ferre:
Mr. Paulk:
Mayor Ferre.
this point.
Miss Weinstein: That calls for a legal conclusion, actually whether or not one
would be entitled to attorney's fees from the commission....
Mr. Plummer: I also would like to thank you on the record for suing my fathe:
and not me.
didn't say who was going to pay for
didn't, Commissioner:
did you indicate to us
No, I don't believe I did.
Good enough, I just want to make sine
So you don't recall asking the city for
I don't specifically recall it, Mr. Mayor...
Therefore, part of the statement in the lawsui'
`Miss Weinstein: That's alright, we'll -amend it. I want you to
were many mistakes, it had to be rushed through .rue to the time
going•to amend portions of it and make the :orrections.
• Mayor Ferre: I'm sure this lawsuit is going to persist. The thing that I t,. nk
-is going to happen is that it may not be a matter of the Civil Service Board.
Now Mr. City Attorney, I want you to follow me or. this. Mr. Paulk uncer que•.ion-
-.ing said he did not know how the Civ-..1 Service Board called for a Special Mee'ing
since the Chairman was gone. So sin e we do have present four members I wou:.
imagine that in the same_ way that they called for a meeting before they can c..11
for a meeting now. Is that correct?
Mr. Weston: Yes, sir.
realize that here
limit, We're
`,Mayor Ferre: All right, now, if there is a 2 to 2 tie on this lawsuit does that
mean that the lawsuit continues or the lawsuit is dropped?
Mr. Weston: Mr. Mayor, a two to two vote will not authorize any action at t::s
particular time. Whether this lawsuit continues or is dropped I'm not prepared
to say at this particular moment but it appears that there are some questions in
that area due to the answers that have been presented at this time.
Mayor Terre: Well, I would like, since two of the members have already made state-
ments that they are for the lawsuit, I would like to now at this time request Mr.
Argues and Mr. Hadley if they would express their opinion.
Mr. Plummer: M.r. Mayor, may I save you, try to save you some problems? And I'm
not throwing mud in the water but I think you would find, and what I was pred.cat-
ing my former yuest.one on, iniieu of the Chairman's presence it then takes a,
majority of the remaining members to call a Special Session:,
Mayor Ferre: Which would mean 3.
Mr. Plummer: I think that's.,, I understand where.
trying to accomplis'r. but I think that it wokild he o
majority as it would with ::his rm esi4 n-
of this commission can then, be empowered to
Mayor Ferre: Well, if Charl .e i adley did r.c t go ,_tc' to m e � ue3 tiic n 3 ; t
you're saying is that because M,r, Argues did go then there wa.5 a >aoram.
VV
Plummer: Right,
or Jerre: Well dh
press your opinion at,this
this lawsuit?
. Argues: Mr. Mayer,
'Thotion for a suit against
see if the administration
Civil Service which i can
:`lboking only for a legal
legal suit and that. is t.Y.e
bring anything about thC, '.w)
:'br the Mayor. The only thin
Which way the reason i8
_Mayor Ferre: Now would ye'u .,
favor of continuing this..
Mr. Arques: Well, as
say a legal op icn .
the Civil Service Boa
Mayor Ferre: So there_&:
Mr. Arques: At tnis.
Mr. Plummer: Mr. Arques
bound by the opinion,' a
Mr. Arques: No, sir,
Mr. Plummer: Arc you
legal opinion relatirat
INAUDIBLE
Mayor Ferret Mr. k, l
objecting to the quest-4
Arques, you can do what
' Mr. Arques: I just want
suit against the City of
to look at that suit any: r=:y
Mr. Plummer: Once aga
opinion of the City Att
legal?
Mr. Arques: I believe_:;;
INAUDIBLE
Mr. Plummer: No, I'm
time a copy of that?
Mayor Ferre: For the " r e.
have it on the record ar4
wants to, we can't force
Senator Weissenbexn:
of the lawsuit and as.
lawsuit. You're asking
lawsuit challenges is
Mr. Plummer: II_ can
of it,
Senator Weisserorn:
I'm trying not to mak
you,
Mr, Plummer; Fine, s
At ar,y time has anyone_ sho
Attorney relating to the..crea
,At ut s and Mr. dadley i woul�3
favor of preceding wi
..itih on Septet ber 28th I supported the
was seeming for a legal opinion tc
Miami:coUld reduce the budget of the
.L of t3oard Very important to us, I was
's'. tk'ie only reason that I support this
hat I' slotF, for. In other words,
I didn't
re, the injunction of the commisdaners
for was for a legal action to seL in
:lan that I asked. you. Are you in
entered?
eking for the legal ,reason, 1- t►s
if it's,on the City of Miami ;It.,
ot,
and rendered ', a
Are you -aware of that?
Arques at this time. Are you
ourtroom and, therefore, Mr.
-Of course, I agreed for this law -
.in the point that I never was able
the suit, you know what was it in.
tany time furnished you the written
e„cre"ation of Human Resources is
one furnished you at .any
ad` and make your objections so you' 1:.
o,:instruet Mr, Arques to answer. If he
.cord that this gets into the merits
his fs not the arena to litigate the
elusion. This is the very thing the
soarers?
i e's never seen a .c'-Qpy
into he record.
ry , TL an:k
e ::rg4estipn, • 'r'.
n;.ion of the City
0 OT 19 r is
Mr. Argues: t at awart, the Human Resource creation, yes, sir, I can't rem
Mr. Plummer, if I' -r, .-.A..2n it or not.
Mr. Plummer: You wouldn't recall if you saW,a legal opinion? 1h other Words,
what you're telling me then is, in fact, Withciut the benefit of the dity Attahe
whether he not entered a legal opinion that :you Went ahead arid voted for the i
suit. Is that correct?
Mr. Arques: Yes, I believe so.
Mr. Plummer: Alright, but you don't recall ever..seeinq the toga). opihuot -
City Attorney?
Mr. Argues: Right, sit.
Mr. Plummer: Mr. Hadley, I.
the record.
INAUDIBLE
Mr. Plummer: Well, Whichever way, I'm going to ask it
immaterial,
Mayor Ferre: Is there a question out on the floor?
Mr. Plummer: Well, there is a question but Mr. Hadley ha:, deferred to Mr. Arc,ues.
fluid like to ask the sate of yo
Senator Weissenborn: Mr. Mayor, may I mace an inquiry through you to the City
Attorney while we're waiting here? Would it be your intention to use any inform-
ation you might learn here from the members of the Board in this lawsuit?
Mr. Weston: Certainly.
Senator Weissenborn: I don't think that you should be asking these question.a in
light of the lawsuit and if my clients,, if you'll permit rae, Mr. Mayor, want to,
listen to me it would be my advice that you not answer any further questions.:..
CONTINUED NEXT PAGE
O(T It :97ii
Rlatot t eiasenbotrLt:
d properly be resbnv
What to do. I can just
tat suit is resolved, `
Mayor Ferre: All righ
Mr. Plummer: He
Printz and Mrs. Hkubith::
Mayor Ferre: I want to.
his commission is entitled
Tatter of record. I want' t,
I notice the Chairman'
,,for some meetins. i:ow many
Mr. Paulk: I believe -
Mayor Ferro: I think
Mr. Paulk: There were: no'
:luttoe was in attendance.:
There was a meeting can Se r tom.
,on the 22, I believe, in whiff:
in which he wa:; not in ;i t:a>.�
on the 5th of October, whit
Mayor Ferre: tiuri i
' • brought up before the C':v;
Mr. Paulk: In what
Mayor Ferre: In yxra
p before the Civil Se'rv.i
Mr. Paulk: i. think
Mayor Ferre: Did :
Explaining his absence?'
Mr. Paulk: I am awa
Mayor Ferre: He so
Mr. Paulk: Oh, yes.
Mayor Ferre:---that he:.wou
Mr. Paulk: Apprixim t
Mayor Ferre: Thank you,
Mr. Plummer: You 14 ard r
Mr. Hadley: No, 1 didn
Mr. Plummer: --at anyt
City Attorney's opinion
Mr, Hadley: No, hut.
Mr. Plummer; Bur
Mr, Hadley: No,
Mr, Plummer; Th a
to Mr, PriPtz and Mrs,
Mr. Printz: We have coatis: i ,
- - ata t%ase i attera
ter like the Mayor f can't tell
answer nfiy further questions) until*
au want to answer the question?
of and I am inquiring now of Mr, Had:
:a,,question which as Mayor I am sure
aus you. take the microphone. This is a
-istiry of it,
t erv.ice Board, Mr. Huttoe has been absent
asMr. Huttoe missed?
even, on vacation for 2 months?
- ighst. The meeting of August 5,
_.._r meetings in the month of August_.
wh.th he was not in attendance, a meting
as .:tee in attendance, a special on the 28th
and .the first meeting this month which was.
attendance.
there important matters that were
mpottarit items : that were
brought before the Board is important.
atixig the reason why he was absent?
s indicated ol:r be ;t choice is not to
answer any questions. am going to al .iL .: 'my what rho . oause1 has suggested.
OCT
tlertMrs. Ski bish?
eS. Skubisht I do the sale
Sr, Plummer: Mr: Paulk? To the best of your kttci1edge, sit, did you as
Secretary or Executive Secretary of the Civil Service Board ever receive a copy
of the opinion handed down by the City Attorney relating to the establishment
Of the Human REsources?
Mr. Paulk: 1 don't know that I did, or did not, Commissioner Plummer.
:What did it say?
Mr. Plummer: Mr. Weston, sir, your cpinion relating :o the establishment,
the legality of establishing a Human Resources, Mr. Paulk has asked what did it
say.
Mr. Weston: I would have to get it back and read it, or check it out, but
it did say that it was legal to establish the department cf Human Resources. I
would like for the record to reflect that this particular time, members of the
commission, that, right after that particular ordinance was written, I did meet
with the then existing Civil Service Hoard, went over that ordinance with them,
we discussed it thoroughly, I heard comments each of them had to make at that time*
and no one at that particular time had any doubts that it was legal.
Mr. Plummer: Let me ask another question and come back. Did you as City Attorney
ever furnish to Mr. Paulk, or members of the Civil Service Board a copy of your
opinion relating to the creation of Human Resources?
Mr. Weston: Are you speaking to the one that was rendered recently as
result of your request?
Mr. Plummer: Yes, sir.
Mr. Weston: No, sir I did not furnish them a written copy.
Mr. Plummer: Did you at anytime ever furnish to them a copy of a legal
opinion rendered by your department, stating that the Human Resources department
could be created legally by the City Manager, and by the Commission?
Mr. Weston:At this time, I couldn't answer, I can't recall it. This thing
has been in existence two years.
Mr. Plummer: The other question, you have indicated for the record, that
you met with Mr. Paulk and other members of the Civil Service Board.
Mr. Weston: That is correct.
Mr. Plummer: Is that all 5 members?
Mr. WEston: To the best of my recollection, at this time, yes.
Mr. Plummer: And in such a meeting, you discussed all ramification both
regal and other of the creation of a Human Resources Department?
Mr. Weston: It was a very extensive discussion, it was over a year ago. We
did discuss the legalities of it, and any questions they may have.
Mr. Plummer: Thank you.
Rev. Gibson: I want to ask Mr. Paulk a question. Mr. Faulk did I understand'
you to say, or am I. to understand that you did not know that the commission had the
right and authority vested in it by the Charter that we could establish the Huuian
Resources Department.
Mr, Paulk; I don't recall having ueea a 140. opinion,
Rev, Gibson: I didn't ask you that. I asked you, did you understand or did
you know. The reason I want to raise that question, remember, you the Exeentiv:
of the Civil Service Deaprtment,
Mr, Faulk; I understand, ----
OCT 14 +a7,
ReV. Gibson: -i n
hit t know, and if you haven + t seen
detstand. I am a layman and you a
busy yourself, Don't lead us in the
---efit df tht public; 3 you
Jati know what we ate saying, f don't
e a layman, I don't understand Why you did'h'
wrong direction now.
Ms. Weinstein: I am going to instruct you not to answer anymore questions.
It seems that we are getting into a brow --beating, that is going into the metits
of the lawsuit. The lawsuit is not doing ar `ping to your human resources ordinatic
Mayor Ferre: Excuse me, what
Ms. Weinstein: --human, I ath d
Rev. Gibson: You may, I uitdets
Ms. Weinstein: But at this
filed is dealing with a mandatus,
Service. That is the basis of L. iawsu
is becoming a basis for brow-beating°ape°
Mr.
you just
Plummer: May I ask a
said.
Ns. Weinstein: No, ----
Mr. Plummer: --point
enjoin the City Coumris is
in the amount of $621,----
Ms. Weinstein: So
particular budget and g
come back and say there
to that nature, and that i'..s :fey
that would be a legal probler :.
Mayor Ferre: All right:.
Mr. Hadley: Your. question.
Mr. Plummer: He answered my qu
Mayor Ferre: The question has
Anybody else have any question:.
Mr. Plummer.: I would
Mayor Ferre: Mr. Haule
e? To the Cuban resources?
uld you like me to speak in french`
ow words. Right on,
believe, the lawsuit that has been
ig the court to ask you to fund Civil
and all that we are going into here
I am not going to let them-
ou? Point 3, I think contradicts What
i:temporarily and permanently.
epartment of Human Resources.
.oes not become finalized under this
.:and therefore the commission could
table for Civil Service. It is only
-he merits of the lawsuit. I do believe
orney,would have to take up.
the satisfaction of Mr. PlUMMer.
uestion of the City Attorney.
to say anything at this time?
Mr. Hadley: I feel the coin issioner.= here, were elected by the people. I
feel there are certain members on: the Board elected by the employees and certain
members on this hoard appointed bv the Commissioners. I feel that if this system hat
we have, the minds can't meet,. to s.it.down and discuss the thing that we are her
over the , then 1 don't think we need commissioners, nor do I think
need anything. I made suggestions, that we sit with the fathers, at the la:t Boa':
meeting, with minds open. Some, rind;: might be closed, but with the minds open, 1( 's
see what we come up with. Because, , I am a taxpayer here, just like you and the re t
of us, and I feel that in view pf the Civil Service Board, :end the employees, it
should be your concern .,s well as, curs, and all the employees that were elected
serve on this Board, and Eai 1' the Board members that serve on this Board that are
appointed by this Commission, 1 f.. el iyself, not speaking to nobody but Charlie
Hadley now, there is no freedfor a lawsui. I told them that and I am telling yoe
that, I want a part of it, wand i. am -knot .a part of it now.
Mayor Ferre: s. would like .to,.:
of the City Attorney. I have : atr
rights and proceedings,
ft.er Mr. Plummer
s of the City
Mr. Plummer: 1 only have o40 siTpitt question. City
correctly the term 'nonfeasance' to mean failure to do,
done?
finishes
Attorney
Attorney,
what duty
.is questioning
on our legal
do I understanc
requires to be
�� CI 1 197'6
eSt6h1 tes, sin„.
1410dt 'errei The answet is,r►onfeasance is That?
Mr. Plummer: I wanted to make sure. I got it out of the dictionary.
is failure to do what duty requires to be done. That is the definition,
Mayor Ferre:The answer is yes? Now, Mr. City Attorney, let me ask you
this question. According to the Charter, as I understand it, City Commission
appoints 3 members of the Civil Service Board.
Mr. Weston: No, sir . The City Commission appoints all 5.
but they have to be appointed by the City Commission.
Mayor Ferre: What happens if the City Commission does not wish tc appoint
of the members that has been elected by the employee groups?
I can't answer that Mr. Mayor. There is nothing that ?rovides
it, in the Charter. I presume it would be a routine appointment.
Certainly in the case of the 3 that we do select, there i<,
that, is there? In otherwords they serve at the will of tite
one
Mr. Weston:
to the answer to
Mayor Ferre:
no question about
commission.
Two are elected
Mr. Weston: That was not the question you asked me before.
Mayor Ferre: I understand.
Mr. Weston: All 5 members serve, not
serve for a term, co -extensive with
can be removed by the Commission for caus
at the pleasure of the Board, they
the term of the commission and they
e.
Mayor Ferre: Would you describe to us, what the procedures are for removal.
Mr. Weston: Let me read it right from the Charter. That Charter .n Sec. 60
states: 'The Commission may remove any member of the Board for cause Loon stating
in writing the reason for removal, allowing him or her to be heard by the City Com-
mission in their own defense.'
Mayor Ferre: In other words we would have to give them something in writing,
and then have to hear them and give them opportunity to explain and after that the
Commission would vote.
Mr. Weston: Correct.
Mayor Ferre: Let me understand this properly. If the Commission, by a majarity
expresses a policy for this city to take, and if the members of the Civil Service
Board reject that policy and act different to the policy set by the majority kf
this Commission, would that in your opinion be sufficient cause for removal?
Mr. Weston: Mr. Mayor that is too broad a question to give you a specific
answer. It quite possibly would be, but has all shades of meaning.
Mayor Ferre: If, the City Commission by majority votes to create a Human
Resources Department, and votes for the funding of that department, and if the
Civil Service Board instructs legal counsel which they select on their own, tc
sue the City of Miami to enjoin them on a permanent basis, which then would bt
to sue the commission in an area contrary to the expressed will of the majorit✓
of this commission. Is that cause fo: removal?
Mr. Weston: In my opinion it would be?
Mayor Ferre: In your opinion, it: would be, I just wa:,t to get this on the
record. Is the typed letter, that I, is that fetter ready vet? Let me ask aou''
this question. The letter that I have drafted, and is being typed, this is sotr:thing
for me, and Will present to the commission in a moment. I would like to ask tiis
question of you. Are you going co be represent the City or Miami, since the Ci:y
is specifically charged in the lawsuit, the Mayor, Commission, Mr, Grassie and a
yourself,
Mr, Weston: 1 individuaily Mr. Mayor will not be, because by the time the
...
GO 1 7;
yott vi: bait
Mayor perre : I am not speaking to you asal 'indiVidttal I aid aper kihj
OU as the City Attorney: You are City Attorney at this point., atentt'youl'.
am asking the City Attorney, will the City Attorney represent the City atd
otnissioners,----
Mr. We:aton: No question about it:
Mayor Fer.re: And that is provided in the purview of the
as defined in the Charter. Is that correct?.
Mr. Weston: Correct.
Mayor Ferre=. in your opinion Mr. City Attorney, do you feel that .they
actions that have been precipitated by 3 members of the Civil Service Board,
as presented so far today, are they legal actions. Do you have an opinion on thit
at this time?
Mr. Weston: Mr. Mayor we are.prepared to defend the lawsuit and I don't -
anticipate any difficulty. •
Mayor i'erre: All right sir.is the litter typed. yet? It should be. It is not
that long a letter. It is on -the way .down?I'll get my pen ready.
While we are waiting for the.letter to come down, I wish to express my.
opinion so everybody understands -how I feel. I have said this before. It is
my opinion, the City of Miami for many years, has now been going in a direction
• where the Unions, employee groups, have capably represented the employees of the.
City of Miami, those they represent. The original purpose of Civil Service gas
to protect employees from arbitrary action on the part of the administration and
the elected commission and mayor, from employee patronage and other evils that cam(
out of politics. It was a device to protecemployees from coercion and undue
•and unfair pressure. AS I stated the last time we discussed this, there are over
••20 major cities including Chicago and many others, throughout the nation that.
have in the last year severely and drastically changed civil service proceed ngs.
• I would like to state that 1 believe in the civil service system. What I do not
believe in, is the control o-: the City l'' the Civil Service Systems and the =mploy.a
groups and in my opinion, this is a tendency that has been accelerating for the pa::
15 years. Mr. Mel Reese, former City Manager, felt very strongly about this. Mr. Paul
Andrews felt even stronger, and I distinctly remember many times, he told me that
at this stage of the game the City Manager has so many restraints that he can hard:. >r
be held accountable for the City. My position is very simple. Either the Cite Com-
• mission is going to act as the policy -setting board, duly elected, or the Manager
is going to act in his full administrative capacity, or this city is in seri us
difficulty. I think the time has now come for us to clear this matter up. It is
now time. We have had experts that do nothing but city consultation of a the high
caliber of Booz Alien and Hamilton and for two and a half years, they have b' en
telling us what you are doing is wrong. This system is not functioning and t ey
have recommended to us ways of making it function. We have stalled. We have tot ha(
time to read it, so we have set it off, and two and half years have gone by, and
Human Resources has not been implemented.
Now, we have begun to impleaent it and to and behold it all comes out. of coinse
it is natural. There is nothing that people like less than change. There are thost
who want status quo to be conserved. The fact, however remains, that this ci y has
changed. The fact remains that there are 52X Latins in this community, in tt- make-.ap
of the City, that there are 25X Blacks, that they have not been property represent<d
in the make-up of the work -force of the City. The fact is, that we are no lclger
dealing with 20 and 30 million dollar buegets. We are dealing with budgets i i exce:
of 100 million dollar:;.
Now, I think the Lime has arrived for us to take a strong stand. We hay to
go to court and litigate this; matter and ao be it. It is time to get this s tuaticn
cleared up and I certainly feel very strongly about it. I have in the past h dged.
I have stayed on the fence. I was hoping time would cure the problem. I was oping
the Civil Service Board by itself would n. ke ..:ajor headway in chan?ing the s atus-c ,to.
' I don't know, andI want to say publicly, I do not feel that I can. blame the ivil
System or the Civil. Service Board or anybody in particular, for the fact ,tha we hive
not made major headway in minority hiring, The fact nevertheless remains tha we
have not, and I think we in the Commission must take part of the blame, and he
Manager must take part of the blame, Civil Service System should take pare o the
blame, the employee groups must take part of the blame, the Unions and the e p1oye.
•
OCT ; 4 ►�
..,�� tithe and tithe and time Again, theft e all types of whet I eohisidet
he legal maneuvers, acid I don't speak bc ut,,-.,,— . I at not making a blanket state1 a tt
that includes everybody. I think there are employees and unions that have sincerely
Made an effort to solve this problem. I believe that there has been undoubtedly
blatent discrimination over the past years. I also believe there has been what I
call institutional discrimination over the past years. Whatever the causes are
and whatever the reasons, the effects are in my opinion ::re rather obvious,
not only to recognize,but I think to a certain degree, tc trace. Mr. Weston,
I am kind of running out of my speech. Is this thing typed up yet? There was only,
ttao paragraphs.
Mr. Weston: Mr. Mayor the secretary had to get the stationery to do it.
She had to go upstairs and search. She is busy typing now.
Mr. Plummer: Can we help her so he will be quiet?
Mayor Ferre: One last thing I would like to state for the record. Now you
have heard me say this before. I think Lee Weissenborn left, because he was 'a
great advocate of the same thing for many years, when he served with distinction
in the Florida Senate. There was a period of time when Lee Weissenborn and I
and others, were very concerned about the public service commission. Because
the Public Service Commission served as a judge, as a jury, as an advocate,
served as an adversary and prepared the briefs, it made the research, Lt made
the study, it made the recommendations, it presented the case, argued tgainst
the case, it did all of these thing. Then it sat there and acted as a judge
and decided who coudl speak and finaly acted as a jury. That is wrong. The
Civil Service System in Miami works in my opinion in a similar way. They act
as judge, jury, they as as an advocate. ?,(pw let it be perfectly clear. I am not
in any way recommending that Civil Service change, in the sense that it be the judge
that is establish rules and formats that have to be followed. I believe in that.I
think the should judge. They should set standards, they should set the tests, th4
should follow these procedures. What I do not feel they should be doin; is, they
should not be administering, that is the Manager's job. They should no: be settir
policy. That is the Commission's job. What they should act in is strictly, and
what they were created to do, and that is protect employees from arbitrary discri.in-
atory actions against established ane set procedures.
That is my opinion. Mr. Naples 1 will not recognize you.
Mr.Gene Naples: Thank you Mr. Mayor. My name is Gene Naples, I am president
of Miami Assoc. of Firefighters. Mr. Mayor you have an advantage sitting there.
You don't have to be recognized. A lot o. these things have been discussed. The
employee groups have been here before, but you have an advantage. Very much like
writing a letter to the Editor, they have the hammer.
The point I am trying to make is that this thing has been discussed and
rediscussed before this commission when we didn't have the benefit of the press 1- re
and some of these other people. I would like to make a coupe of points that have
been discussed before that you are not bringing up for obvious reasons.
Mayor Ferre: Go ahead.
Mr. Naples: My point Mr. Mayor is that, when this was discussed, the Human
Resources thing, and you keep bringing up the fact that people are afraid of chang..
I have said it many times to you, and to this commission and I would like to say i
'once again to the public. We are not afraid of change, we stood here and hammered
out the resolution to establish the Human Resources department. We are not concerned
with that. If I can get the Mayor's attention I would like to ask him a couple of
questions.
Mr. Mayor if I might, who established the first affirmative action prog-am
in the City of Miami?
Mayor Ferret You did. The Fire Department.
Mr. Naples: We established the first safety committee. We es;abi.She�
things. We are not afraid of change. We instituted chage,
Mayor Ferre: Gene I made some exceptions to that.
Mr. Naples: I know you did. I want to let tLe people :now who the exceptions
were for one thing and I think the fact that we have been )rganizad a lot longer
than some of the other employee groups, that it seemed incumbent to us to take
these changes when we thought they were necessary and the time was proper ;
4
ant to being some Of these points out. We are riot afraid of change. I think
at tie agreed. We stood here and hammered out this resolution on Human Resources
ing and as I said before, the last time we met here, I thought there was a
grave tactical error made by the Manager in taking this budget the way he did
attd cutting the Human Resources thing in and the Civil Service Board out in one
fellswoop. I think he might have done it very subtlely and accomplished exactly
What you are trying to accomplish over a period of months and probably no one would
have been the wiser. Maybe that would have been an under -handed way of doing it,
but nevertheless I think you have a fight on your hands. :s I explained to ytu bef-re,
the employee groups in my opninon, and I am certain of my organization, is n,t afraid
of change. We are not afraid of any.of these things you implied we may be, a d I jist
Want everybody to know that so we do have the benefit of this publie meeting and
we are concerned about the City, we have always shown that concern. My organ zatioi
has implemented many things that has been to the City's advantage. I take ex.eptio:
to some of the things that have been said here.
Mayor Ferre: I recognize what you have said and I agree with most of it.
Let me say the Firefighters, and Fire Department have tried and I want to say on
the record so there is no misunderstanding of the question I am about to ask you.
How many firefighters are there?
Mr. Naples: 652, something like that.
Mayor Ferre: How many are black?
Mr. Naples: 12 I believe.
Mayor Ferre: How many were black a year ago?
Mr. Naples: 10 or 9, something like that. The point I am trying to make
and I made this point before, my greatest concern with Civil Service and the
fact that you are establishing the Department of Human Resources, is puttin,
the control of all these things into the :'.,-pager's hands. The other thing is
I am concerned about maintaining the standards. We have a Class I fire department
in this city. 0ne of only 4 in the country. That is no accident. I am saying
theemployee groups has had a working relationship with the department and the
city that has been a relationship that has made this come about. It wasn't tae
City of Miami that created a class I department. The people who are there doing
the work had something to do with it.
Mayor Ferre: I agree. I think it was a team effort. I think it is the
firefighters themselves. I would say it is the leadership of the fire department.
And thirdly I would say the Unions had a great deal to do with it. Fourth I think
it is the equipment you have, and fifth it is the City of Miami who is willing
to give a budget of 13 million dollars which is almost the same budget Metrrpolita.
Dade County has to cover four times, or three times the amount of people st'uctur.s.
I might as the Chief has said here on many occasions, the City of Miami sper...s 50c
on the dollar for preventive measures. There isn't a fire department in the .nited
States, that spend 50c on the dollar for prevention. That is why we have a n(. 1
so, yes it is the employee but also the leadership, the unions and the working
relationship between us and the support you have had from the City Commission.
Mr. Naples: Very true, about the fire prevention thing. I might add at this
particular time, we just had a man in town here that is an expert in the field of
fire prevention. He couldn't believe what we have been doing in that particular
field and we are going to have a conference here at the end of April in whicLl we
are going to again try to get the city to cooperate with us in bringing a flame -free
conference to the City of Miami, with experts from all over thecountry. We will be
back to talk to you about that at another time.
Mayor Ferre: I am going to pass phi:, out in a moment and I want to explain
before going any further that. Mr, Charlie_ Huttoe has been in my opinion a fine
public servant over the years. He was a firefighter for many years, and I think he
has been a good man. He served on Civil Service for many years. Last time around
we were going to make some changes, ano sat: down and talked to Mr. Huttoe and I
told him, Charlie, you we go back a long time, Your brother was rry judge when I
was commissioner. He was my first ca.npai:,n manager. That how I. feel about it
--the Huttoe family. Capt Ht;ttoe served ?:his city with ereat distinction and
his two sons has served this community with great distinction. T said Charlie 1
want you to know, that a new day has arrived in the City of Miami and we have to
move ahead. he said yes I know that and you leave it to me. I said okay, I am
OCT : 4 9/
going to go along with that. That was over two years agog Again it cane up after
November last yeat and I talked to Charlie again. I said Charlie we haven't made
too much headway. Well, you know it really is not out fault, we haven't been
able to do this, and that. I said I know. But we can't put this off forever.
I think our patience has gotten to the point where we have to move.
Now, Mr. Huttoe is entitled to a vacation, I realize that. The fact is
he has :Hissed four meetings when very es:;ential things were being considered
and done. I think at this time that it is in the best interest of the City of
Miami and if Mr. Huttoe cannot afford to spend the time in such important matters
when we are making such essential decision, we need somebody who is going to be
able to dedicate the time, therefore Iam recommending that when he returns I am
going to ask for his resignation at that time. When he gets back I have a letter
drafted here which I will mail to the man and so that we can go on record, I just
put it out for discussion at this time.
Mr, Plummer: We haven't seen the letter. Did you indicate in your letter
all the particulars of what you just stated?
Mayor Ferre: Yes.
Mr. Plummer: Are we going to get a copy of it? I dor.'t see how we can discuss'
what you have in the letter if we haven't seen it.
Mayor Ferre: I prefer for the commission to express its opinion on what I
have just stated. If it is the will of the majority, then this letter will be
issued. If it is not, it will not be issued. I have expressed my opinion at this
point.
Mr. Plummer; Mr. Mayor I think this commission has always operated under
man has his day in court and before I would favor asking Mr. Huttoe to resign
would want him to have his day in court.
(applause)
Mayor Ferre: By Charter he is mandated to have his day in court. I am not
.i saying that we cannot fire the man. All we can say is express our intention, ar.
then after the intention is expressed he will come up if he wishes to, and be
here for a public hearing. It is my opinion, ----I have expressed mine, and let s
see what the rest of the commission feels on this item.
Mr. Plummer: I think any letter, if I understand your letter, is asking
for his resignation or your letter would ask for his resignation as Chairman.
I think that is putting it before his day in court. I don't know that in fact
Mr. Huttoe might be out of town on something other than a vacation. I don't kno,
if you are writing to Mr. Huttoe,----if I were writing a letter to Mr. Huttoe,
woudl write a letter worded thusly, ----'Dear Mr. Huttoe, m..ny things have happe. ed
while you have been gone. We feel you should have been there as Chairman to exe t
your leadership. You were not there,- this commission would like to know why
Such a letter I think would be in order. But I don't think I am ready to cast a:
stones until that man has had the opportunity as did the other members of this 1
and Mr. Faulk to stand before these microphones and whether he wishes to express
himself, if he doesn't by order of counsel, then that is his privilege. Then I ave
to take my appropriate action.
Mayor Ferre: That is my intention.
Mr. Plummer: But until such time I would not be in favor of doing anything
other than inviting Mr. Huttoe immediately upon his return to this city to come
before this commission.
Mayor Ferre: Under the Charter, for a
to tell them what you are going to do, and
a fashion as I can, and it is a diffictlt
Mr. Huttoe to tender his resignation due to
period of time and 4 meetings, Now, whit I
these capable attorneys of telling me after
meeting to let him have his day in court.
so if he answers satisfactory it will drop
act at that time.
man to have his day in court, you ha'
what I what I am trying to in as poi :e
atter, is express that we are invitii;
his absence during a very critical
do not want is a parlimentary stall 1
that we then have to call a subsequt
am trying to arrange for that day ir ,eputt
the matter, and if he does not, we ca:
y
oard
I., ,.
So �,
Mt, Rebosot l would like to state my opinion. I think in the althost
lhave been a commissioner, this is in my opinion the most itnpottant decisi. n
i hat the Civil Service Board has taken. They didn't wait for tit. Huttoe. They took
'this action without, --Mr. Huttoe's consent, so it is only two ways, either Mr,
tuttoe, when he comes back, he tells us he doesntt agree with the suit, or he
agrees with the suit, and I think we should proceed in asking for his resignation,
At this time, and since he knows what is going on in my opinion, because he knew
at this time we were going forward with the Human Resources Department. I have to
assume the reason he is not here is because he is avoiding this meeting. So this
time I agree with you we should ask for his resignation because this is the most
important matter we have take in the City Commission, as I say the 5 years I have
been here.The Human Resources Department in my opinion is very important, and we
should go ahead in the way it is now. As you say we are going to be stalled by th
:lawyers, and if we have to remove the Chairman of the Board, we should take those
steps right now.
Mrs. Gordon: May I ask Mr. Weston a question? This suit is to be heatd,
am correct tomorrow?
Mr. Weston: Temporary injunction, yes, there is a heating.
Mrs. Gordon: Is there any action this commission would take to change
prevent that from taking place?
Mr. Weston: Obviously I have to say yes there is action this commission
could do but if your next question is what is that action I am not prepared to
answer.
Mrs. Gordon: You are not prepared to make a decision, to do anything of
that nature at this moment. The reasoning for my questioning in this manner,
if we are preparing to go into court, it seems to me that all of this discussion
might be harmful to the City's position. I would feel more comfortable if there
was less talk at this time. You are the attorney. I ask you whether you agree or
disagree?
Mr. Weston: I agree with that. I agree with the statement by the Commissioner
that we have a lawsuit and we ought to do our talking in the court and not here.
Mrs. Gordon:We should not do much talking here at all, because whatever
become part of the public record can be used. I have not said much, if you have
noticed.
Mr. Plummer: Mr. Weston, you have let us proceed for approximately two hours
and you waited now to give me that answer?
Mr. Weston: It was the first time I was asked.
Rev. Gibson:Mr. Mayor I was looking in the audience to see where Mr. Paulk
was.
Mayor Ferre: He is with the attorneys I think.
Rev. Gibson: I would like to ask him a couple of questions.
Mayor Ferre: It is time to fish or cut bait.
Mr. Plummer: Mr. Mayor when you make a comment like that I hope it is your.
intention that one individual is not going to be singled out for the action of
many and I feel if you are going to force the issue, then I feel it is only 'fight
that we quit kidding ourselves, ----
Mayor Ferre: One step at a time J.L.
Mr, Plummer: If the next step is immediately after that I will go aloe
it. We know what the intent of what your letter is trying to accomplish,
Mayor Ferre: But there are some legal things in here, We are going t
right within the law,
Mr, Plummer: I am entitled to my opinion too,
with
f
•• Y
OCT sic,
gather Ci1iaon: Mr. May r and riser Hers of the Commission for the
Mification of the public usually when matters of this type come
before the Cormission it is very, very noticeable that the people
e 40/aht to see are Convenient:..y absent right now. Meaning, the
tecutive Secretary for Civil Service Board, the Examiner, and the
eat of them. Maybe... I don't care what they call it. But it
is noticeable that they're not here. I wanted Mr. Paulk to answer
80 that the public could help to evaluate. For instance, you cannot
convince me members of the Commission that a matter as important as this
has taken place and is taking pl; ce, that no one has communicated
With the chairman of the board, -hat this matter is taking place.
That's very, very strange and sufficient. Now, they're not fooling
anybody. They're not fooling anybody. ... A man with Mr. Huttoe's
reputation and no how would not dare leave the city and not leave a
Method or way that you can communicate with him. Now, let's assume
if that be the case that he did not leave us that way. I would like
then ask the Executive Director zad he isn't here. And, convenientl7
he isn't here. Did hp try to communicate with Mr. Huttoe, so that
Mr. Huttoe would keep his promise as he had made it to us to keep thLs
ship steady and lead it in the right direction. Now, so that the
public might know since you have not always been here and you have n)t
followed this. TWO and a half years ago, thereabout, whet. this matt ?r
came up recommendation by Boo; -Alien we hussy -footed arou,d here ad
infinitum and you may not lil e that term coming from a c .ergyman. I ' m
glad, oh I see my Baptist brother there, but he understan is what the:
means. We pussy -footed about this issue. And, we left i: up to Civ.1
Service and especially the Chairman, to move this ship, to guide this
ship aright. We got every assurance that that was going to take place.
I want to say to the public. Let me say this, we did not see the
end results, the bottom line as Plummer says did not take place. Nc /,
I hate that Mr. Huttoe is out of town. I hate that we have not beet
able to communicate with him, but I want to say, that you know, two
and one half years is a mighty long time to wait. And, I'm going tc
join with the group that want to right that letter and say to Mr. Hu: -
toe, we want an explanation. You here and tell us or thi:_ is MT; DA'.
Now. you know, not only Mr. Hutto , we want to say that to ail c r th
others. Because I can't understand how an agency that is resporsibl:
to the Commission, this the thing that really bothers me. The :.ides
of its own accord, they're going to take us to court. Ma.idate;prohisit
us from operating. I don't understand that. i really don't. And,
if anybody can tell me that's good procedure and that you're living
in good faith and we have waited for 215 years, I'd like to be taught
I'd like to have the explanation. If anybody in the audiance can
convince me, beautiful, I want to agree. But I'm going to tell you :his
unless I get some mighty convincing argument I am going with the act.on.
Because all we're doing is prclonging the agony.
Mayor Ferre: All right, now,is Mr. Paulk here? Is Mr. Paulk here?
Is Mr. Paulk in the building? I'd like to read into the record.the
minutes of December 19, 1975. When Mr. Huttoe appeared before this
Board and said I'would like to submit to this honorable Commission,
my resignation Mayor Ferre. That's item 96. Mr. Huttoe, of course,
is your right, I think it would be a great loss to the City to lose
your guidance and expertise and I would respectfully like to ask you
in reconsider that and hold that in abeyance until the next commission
meeting. I would like to ask you to hold on tii'the next meeting.
Mrs. Gordon: I second that. -- Mr. Huttoe: Mr. Mayor, I think
you know that anytime that you ask me something 1 will honor it, and
I am not going to push anything out there because I want to do what
is right for the city. As you wf•11 know, it clothed and fed my fami y
litnd when my father was with this city `rjr 44 years, and I have been
a ssociated in some capacity for 30 years, and ny brr,ther was on thi
job when he educated and became i lawyer. So, as 1 said, in my rela ion -
ship with this commission, i cou: i not ask for anymore. i think the
r1d of each and everyone of you, not only from a standpoint of bein,
commissioners and my relationshir with you, but personal, I have a
•
UC' .1 1 iJ/
personal feeling that each one o. you. If this is your request
-at ire to do that 1 will do so. Thank you, tow, I want to eX')res:
gain on the record that I am in no way trying to single out t•1e
airman, Charlie Huttoe. I do feel that it is my understanding t:tat
Mr. Huttoe has been telephone conversations with various membcts o:
'the board and with Mr. Paul , and therefore I think he is reel: ablate
Of what's going on. if Mr. Huttoe had wanted to stop this matter 1
think Mr. Huttoe could have. I think Mr. Huttoe has a moral iespon-
sibility.to live up to the words that he spoke on these microphones
on the record on the 19th day of December of 1975. He has chosen .got
to do so. As a consequence we firrl ourselves in this very difficult
situation. It is my opinion that this matter to me is irreverent.
And, I agree with Commissioner Reboso and Gibson that we must proceed.
I also agree with Commissioner Plummer that we must do this in a spare
Matter as possible and that we give Mr. Huttoe the opportunity to
Dome before this Commission and express his opinion and state his cause
and his reason. But, as I understand the expression of three member:;
of this Commission which represents the majority we are proceeding.
Is there anything else on this matter? Mr. City Attorney, does this
need to be put to a vote?
Mr. Weston: Yes, this -omission only act by written resolution or
ordinance. We would need a vote on a written resolution in order to
accomplish it.
Mayor Ferre: So, that I don't want to put the burden of this on
anybody else but myself. I will make the following motion: Because
the City of Miami Commission has tried to follow the Booz-Alle,i recom-
mendation and implement the Human_ Resource Department and because
we have followed the recommendation of the Manager in the budget
that is proposed in the creation of Human Resources and because we
have followed the Booz-Allen Report and the Manager's recommendation
of properly defining scope of the Civil Service and because that
definition and this action is with the scope of our authority as
defined under the charter and as told to us by our City Attorney and
because matters come to a head and the City Commission is being
challenged and sued by the Civil Service Board and because this treat -
ens the very existence of the City of Miami and because this is a
matter of such magitude that it required the participation in the
active voice of the chairman. And, because the Chairman has been
on vacation and has been absent from (4) Civil Service Board meetings
where these matters have been discussed and because the Chairman has
not expressed his opinion in writing as he could of done, even though,
he was absent and made apart of the record and thus properly shown
the direction, that was needed. And, stating clearly that this in
no way is a personal action is a personal action or retribution of
a man who has served with great dignity and ability to the City of
Miami and as pain as we are to, take this action. It is not a personal
action, but one which impounds the vg ry existence of the City of
Miami. Therefore be resolved by this Commission,that the Commission
ask that Mr. Huttoe come before this City Commission and explain to
us his absence, physically, verbally in exerting the leadership that
the `'ommission expect from, especially in reference to his own words
before this Commission of December 19, 1975, item #96, page 140, of
the Minutes of that meeting. That it is the intention of this Comm-
ission to ask for his resignation at that time and that he be permit-
ted as required by the charter to have if he wishes to take jt the
opportunity to explain his actions before this Commission. 1 so
move.
Mr. Reboso : I second the mot io -i .
Mrs. Gordon: You've heard a motion ,and a sec
on that motion. Discussion.
Mayor Ferre: Yea, it has to be reduced to writing.
OC i 4 'iS7k
Pitftiiter: ML:. 'ta;:or, only fot the record it's so long I wa.t
read it ... i ryad your motion to say exactly what I've tried
b say. And, if the man before <; iven the opportunity to resigr ahou: d
ate the opportunity to speak, that's not what I understood yot to
Say prior. What you are in fact doing with him is that action cane,.
for under the charter. You are firing him and giving him notice and
he has the right of a hearing.
Mayor Ferre: I have no other choice. That's the way the charter
reads.
Mr. Plummer: Well, I think you do. See, there's where we disacree
Mr. Mayor. I think you do have that choice. And, I think we we? it
to Mr. Huttoe, I really do. The choice is, is to invite him immediately
upon his return to come before this Commission. At that time if his
answers are not what this Commission feels that they should be then 'hey
serve him with charter provisions that he is terminated and in fact
he proceeds alone the line.
Mayor Ferre: Let me tell why I don't want to do it that way. You
do it that way technically, then he could request a hearing beyoad
that point...
Mr. Plummer: Within ten days.
Mayor Ferre: And, what I am doing now is I think we can't stal] this
anymore. We got to move along, so therefore, what I'm doing by this
action is starting the clock running right now, so there won't le any
other ten days or any other week or two weeks or anything else, legal
maneuvers.
Mr. Plummer: What are you do..ng Mr. Mayor if he cannot be served with
that letter for the next 30-days?
Mayor Ferre: Well, I think ...
Mr. Plummer: If I'm not mistaken Mr. Huttoe is in fact on the
Appachlian Trail of which there are no telephones. He and his wife
being habit hikers ...
Mayor Ferre: Well, I understand that he called several times within
the last week, so evidently he did find a phone in the Appachlian
Trail and that's all right, as far as I'm concerned it's time for
action and as Father put it. These are heavy words and heavy acts
and I'm not pussy -footing around. I recognized a full absolute
total consequences of my actions. I take responsible for it. I
so move you.
Mrs. Gordon: Any further discussion? I would like to say
my opinion although I understand your reasoning and I under
the reasoning of the other members. In my opinion I would
have in person the opportunity to speak and if deserving of
asked to resign at that time I would like to do it at that
But, I feel also as Mr. Plummer does that there are no many
quantities for me to be able to make that decision now and
resignation when he is not in a position to be communicated
this Commission, so than would be my opinion on that motion
there further discussion?
that in
stand
like to him
being
time.
unknown
ask his
with by
. Is
Mr. Plummer: Well, I'll hold further discussion until such time
as we get it in writing, as far as I'm concerned Rose, this does not
accomplish really what the Mayor, and 1 know what he's trying to
accomplish. It doesn't accorr Dlif,h because asking the man to resign
is one thing. Giving him fornal notice is another. And, he has not
been requested under formal notice, so it doesn't in fact speak to
fne problem of what the Mayor is trying to eliminate of a 10-day delay
OCT 19
fA r1
things Of that nature. So, I think this really is imater
ee What the Mayor is trying to accomplish.
Mayor 'erre: He Will be served, believe me.
Mr. Plummer: Well, fine, he's going to be served With a lette
requesting his resignation. The charter doesn't speak to that
Mr. Mayor.
Mayor Ferre:
What does it speak to?
Mr. Plummer: The charter says you've got to bring charges against'
him and in 10-days he then has a trial. You're not doing that
Mayor.
Mayor Ferre: Mr. City Attorney would you make sure that whatever
resolution languages used speaks to that specifically so that it
is drafted with the full intent of what has been expressed here, so
the Mr. Plummer's fears will be relieved.
Mr. Plummer: Should've kept my mouth shut.
Mr. Weston: Mr. Mayor my assistant who is working on that has `teen
instructed to
Mayor Ferre: I want it to be legal and within the charter so tLat
there's no ifs, buts. And, now I would like to so that ... and I
have the highest regard for Mr. Manolo Arquez who was in the back
of the room here.
Mrs. Gordon: Don't you want to vote on that motion that you just
passed?
Mayor Ferre: I want to before we vrte so that nobody aecuses me
of being partial or onesided. I want to state on the record before
I vote that I feel so strong about this that I'm willing to pursue
this to hell or high waters no matter who is effected, including
my friends. And, I will... this is a step, I want to express publi-ly
that this is not the final step and that I intend to pursue this
further if I have to. Now, you take that anyway you want.
Mn. Mayor: I think it is within my purview to inquire of you your
intent. You said this is the first step. I then must ask you
Mr. Mayor since you seem to indicate that you wish to be not regarded
as playing fair that you are going to likewise immediately thereafter
the completion of this vote. To take the same action against those
three who voted for the suit, is that your intent?
Mayor Ferre: It is my intention that if I cannot reverse this in
whatever legal way we have to proceed as guided by our legal counsel
that I intend to take all and every action necessary to have this
matter clearly }irought up so that it will be established once and
for all whether or not the City Commission by its majority runs this
city or not. And, I will take each and every step that I have too
to establish that fact. Well, I just you
Mr. Plummer: Well, I just you know, I'm getting down to the mather.-
atical formula it's a three to one vote as it presently stands at
Civil Service. By virture of your action today at best that it woulc
do is make it a three/two.
Mayor Ferre: Maybe, maybe not. It uu.ght be reversal.
M. Plummer: I can only Mr. Mayor go on the record which has been
established by those members who have indicated the way they voted
and their intent at doing so. Mr. Had1eY being the only one who
deafly indidated his intent wa4 not to sue. The other three to
best of listening ability indicated without question their was
idly knowledgeable in what they did and their intent was Clear an(
that was to sue.
Mayor Ferre: I think the charter is clear. It is the intention of
the charter through the procedure of our appointing three members
Out of five, that those three members would do diligence represent
the will of this Commission in its broad establishthent of policy ns
in the detail of it. And, certainly it is my intention as I state,
before to pursue that to its logical and legal conclusion whatever
that maybe. I call the question.
Mr. Plummer: Except for the fact we're not overlooking that one o:
the three of those votes is an appointee of this Commission. Not
withstanding that. We understand.
Mayor Ferre: I understand ,but I would like to also state for the
record that the commission by a majority expressed its opinion. A
the vote as represented by one of the members goes directly against
the will of the majority of this Commission and therefore I'm sure
the member who made that vote did it with full conscienciousness o,
what he was doing and even though he happens to be a friend of mini
and a man who I greatly admire I want Mr. Huttoe to know that it
nothing personal and I so express me because I will go against my
brother if I have too to get this matter established and I just wa
to express it on the record, so be it. I call a question.
Mrs. Gordon: The question is ai the motion to send the letter adv 3ing
Mr. Huttoe of the request for his appearance by the Mayor and the
Commissioners with regard to his resignation. I'm trying to repeat
what you, are you including Mr. Arquez in this?
Mayor Ferre: My words have been s;,oken into the record and they a:
clear. Don't put words in my must.
Mr. Plummer: To clarify, ok. We have a difference in opinion.
But to clarify it is'not... what is being proposed is not a request
of the Mayor, but a request of the Commission.
Mrs. Gordon: I said of the Mayor and the majority of the Gommissiczers
Mr. Plummer: Ok.
Mayor Ferre: This is going to be voted on. Now, I did not speak
to Mr. Arquez or anybody else. But I put it on the record. Becau,,
I don't want anybody saying yea, you took after Huttoe, but you dic-'t
take after your friend Manolo Arquez, because you know, that's the
way you're playing the game and you're chicken. And, I'm putting
on the record as to far as I;m going to go if I have to go and I w at
it very clearly understood that it has nothing to do with friendsh.p
or personalities of people. As a matter of principle for me.
Mrs. Gordon: Ok. With regard again to discussion on that motion.
Mr. Huttoe is not here, has not had a chance to speak for himself.
WE have not been able to question him. You have not questioned him
that is on the motion. Ok, call the roll please.
1.'two
CT 197
was passed and adopted by
AYES: Mr. Reboso, Rev.
NOES: Mr. Plummer, and
ABSTAINING: None.
ABSENT: None.
T%0 fbiItW ftq tesdlutioh was introduced by Mayor Maurice re
tad its adoption:
MOTION `76-893
ESOLUTIoN REQUESTING CHARLES HUME, CHAIRMAN
THE CIVIL SERVICE BOARD OF THE CITY OP MIAMI,
APPEAR BEFORE THE CITY COMMISSION ON OCTOBER
28, 1976, AT SUCH TIME AS IS CONVENIENT TO HIM
AND THEREUPON EXPLAIN TO THE COMMISSION THE
REASONS FOR HIS ABSENCE FROM THE PAST FOUR CIVIL
SERVICE BOARD MEETINS AND THE REASONS FOR HLS
FAILURE TO EXERCISE LEADERSHIP AND DIRECTION DURING
THE PERIOD OF HIS ABSENCES BY HIS FAILURE TO ADVISE
THE BOARD IN WRITING OR BY PHONE OF HIS OPINIONS
AND CONCLUSIONS UPON MATTERS UNDER CONSIDERATION BY
THE BOARD, THEREBY DENYING THE BOARD AS WELL AS THE
CITY COMMISSION OF THE OPPORTUNITY TO BE GUIDED BY
THE EXPERTISE OF MR. HUTTOE; AND EXPRESSING THE
INTENT OF THE CITY COMMISSION TO REQUEST THE RESIGN-
ATION OF CHARLES HUTTOE AS A MEMBER OF THE CIVIL
SERVICE BOARD ON OCTOBER 28, 1976 IF THE REASONS
OFFERED BY MR. HUTTOE AT THAT TIME ARE NOT CONSIDERED
ADEQUATE TO JUSTIFY THE AFORESAID ABSENCES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Cie* ).
Upon being seconded by Commissioner Reboso, the resolution
the following vote -
Gibson, and Mayor Ferre.
Mrs. Gordon.
Mayor Ferre: Is there anything else to come up before this Comzr.issior
at this time?
Mr. Plummer: Yea, I just want to ask one question. Is it your intent
Mr. Mayor at this time that no further action be taken?
Mayor Ferre: It is my intent I have no further things to do. I
have no other questions and I have no other actions at this particular
time. I will in the future.
Mr. Plummer: All right, I want to indicate for the record that I am
very, very much upset. Mr. Weston, don't take this personally please,
but I am very much upset. The City Attorney allowed me and solely
because I did not ask allowed me to continue into conversation for
roughly two hours which he then at the end of two hours indicated that
this would be detrimental to the city's position. I don't think thatis
a Commissioner I should have to ask. I pay for advice and I think
that advice should be given regardless of whether I ask for it. I can
remember on any number of occasions as Mr. Grassie himself, set here
today in reference to the Southern Bell Franchise , that its going to
be difficult to answer questions here today and then defended in cour,.
I think this Commission should have been notified that in fact,that
we were being detrimental to the city's position by allowing this
questioning to go on. And, I want to state for the record had I known
or been advised by the City Attorney r.f this city that I was putting
the city's position in jeopardy I would 'r,ava never a:ined the first
question, and I just want to make that clear for the record.
Mr. Weston: Mr. Plummer, may I respond to that?
OCT t 1 /b
•
' Pluittert Please do.
Weston: I didn't not say that the Cot er'sation was detrimental.
said it would be better riot to have all of the talking. Much of
the conversation that oceurred here will be helpful.
Mr. Plummer: Well, you didn't say that. As I understand your answer
to Mrs. Gordon's question was that it would have been better had
(thing transpired. And, I'm going to tell you that if you'd told
Me that from the beginning as much as it pains me to keep my mouth
Out I wouldn't done it.
Mrs. Gordon: Mr. Plummer, I would've asked questions that were not
asked had I asked any questions. And, that is the reason I preface
anything I said by inquiry of him. They were entirely different in
a different vain than anything that was questioned or any remarks
that were made so I kept my mouth shut.
Mr. Naples: Mr. Mayor, I was told that the reason that Mr. Paulk
and Mrs. Skubish left was exactly for that reason, that apparently
their attorney told them much sooner than yours did that they should
leave the proceeding here.
Mr. Plummer: Well, let me make one point clear Gene, just for your
edification and I'm going to tell you truthfully and I'll put it on
the record, ok. I am upset to no end. That an employee of this city,
who was requested to appear here -.:o answer questions from this
Commission regardless of the reason walked out of this room. Now, he
had every right to stay in this r:rom and to state on the record that
due to counsel he was not going to answer. But for him to walk out
of this room in my estimation is defiance of this Commissions request.
So, I'm going to put that on the record.
Mayor Ferre: Are you talking about both Mrs. Skubish and Mr. Paulk?
Mr. Plummer: My words speak for themselves Mr. Mayor.
Mayor Ferre: Well, I would like to ask your clarification.
Mr. Plummer: I said employees of this city who were requested. You
know who was requested.
Mayor Ferre: Mr. Faulk and Mrs. Skubish.
Mr. Plummer: That is correct, including Mr. Printz, including of
Mrs. Skubish and all others who were summoned by you this morning.
Mayor Ferre: Is there anything else to come up before the Commission
on this rather difficult natter. If not we will now proceed with
our 3:00 agenda.
23, PUBLIC HEARING - A, ACCEPT PARTIAL RECOMMENDATIONS OF THE LOMMITTEE;
HOURS OF S1LE OF B. COMMITTEE TO STUDY OTHER AREAS;
ALCOHOLIC .EVERAGES: C. MANAGER TO INVESTIGATE LICENSE FEES;
CITY (AMMISSION IN FAVOR OF UNIFORMITY OF HOURS; AND
E. PPOINT ADDITIONAL PERSONS TO COMMITTEE,
Mayor Ferre: Let's take up item No. 17. Mr. Phillips I want to apologize
to you. It will be a few minutes. We are going to take a short break.
Can we have silence at the back of the room? This commission is in session.
Take up item 17, Reverend, at this time the chair recognizes you.
Rev. Willard: Your honor, and honor.ible commissioners, I am reporting as
Chairman of a committee that was appoint,d by the Mayor, the committee composed
of Tom Nesbitt, Rita Stone, James St:sit, Lt. K. Harrison, and David Phillips,
I believe the commissioners have in tnei:- hands a report from our secretary, David
Phillips. Therefore I don't believe it would be necessary for me to read that, and
in the interest of time, I might refer to the changes. The committee considered the
needs of,
OCT 1
Mayer 'erte: EXedse me, ReVetefds
Sothe Boise back
tyllig to get sot a 4dtiet
Rev. Willard: ---as instructed by the coimission to try to tweet some kind o€
otnprottise and to meet the needs of the City of Miami, and as yesterday's paper
reported that Miami has inadequate facilities to take care of the alcoholics -n
the downtown area, now. They pose a serious problem. We are making only two r(cot—
inendations, really, changes in the existing ordinances. One of the changes is
that really is an extension of time in liquor bars, being the 4th category on
Mr. Ferencik's chart. I assume that is the same number. The hours for the sal(,
and the bars, which is certainly a compromise on my part since I really oppos(
the sale of liquor, or the use of it anytime, but I am trying to report what
the committee voted to do, to extend the hours or the bars from 7 A.M.to 1 A.i.
----7 A.M. to 2. A.M. on Saturdays, to extend that from 12 noon until 1 A.M. 'filch
is about a net extension of 8 hours for the bars. But seejng that the major ptoble:
confronting the city of Miami, and the derelict in the downtown area, we are teque_ting
that the commission consider the restriction of the sale of beer and wine in en ar a
known as B-1, which is the downtown area, generally the area referred to in other
city actions, such as the Downtown ., tion Committee and etc. from 15th St. to the
River and the railroad to the Bay, --since this is the problem area, the sale of be,sr
and wine which seems to be the major consumption, and cause of the problem of
most derelicts in this area, that this be restricted from, --in the downtown a -•ea,
from midnight Saturday to noon Sunday. This seems to me a very slight restriction
but none the less gives us an opportunity to sober these men up on Sunday morting
and get them some clean clothes, and at least rehabilitate them for that time
The other restriction is outside the B-1 area and is in area known as B-..
which is the rest of the city of Miami, that sale be restricted not from Saturday
night but from 2 A.M. on Saturday, ----I .)elieve that is Sunday, that needs to
be corrected in your report. I believe that is right? That is a typographical erro-.
Mayor Ferre: Reverend, how many members of the committee are present here tod.y?
Rev. Willard: All of them except Rita Stone, I believe. I haven't seen her he.e.
Mayor Ferre: Five members, as I recall?
REv. Willard:There are 6 all together. Lt. Harrison is not here. Lt. Harrison
was here. I think he left.
Mayor FErre: AS I recall, you had how many people representing the indus:ry.
REv. Willard: What industry? The religion industry? Or liquor industry? 1
think we had three representatives of the liquor industry and one policeman, then
you have an attorney and a minister.
Mayor Ferre: It was a well balanced group. I want to point that out to those
here.
Rev. Gibson: You mean to tell me one minister and all those other fellows
and you had to compromise?
Rev. Willard: We are asking that the restriction be made on the sale or
beer and wine in the grocery stores, there is no consumption on premises anyway,
being in the first category, on the chart by Mr. Ferencik, and that be restricted
beginning Sunday morning at 2 A.M. until 12 noon on Sunday. In effect what this
does,is to extend the hours that restaurants, hotels that have bars in them in
etc. may sell liquor beginning at noon, they can now only do that beginning at
1 o'clock and it extends it beyond the 7 o'clock hour in the evening until midnight,
but it restricts sale of alcoholic beverages, beer and wine at least, in the City
of Miami on Sunday morning which is the time that mose of the Rescue Missions are
trying to rehabilitate these men and get them straightened out. That was a compro-
mise that reached by your committee, this means a zone would need to be created an:
I think if you have read the material we sent you, there as no need to go into thi ,
except we are referring it to the commission, and if you agree with us, it will
simply be referred to your attorney to see if such an ordinance may be drafted.
If there is disagreement, then we request- as the paper suegt-.sts, that you re:er
it back to us, and we will be glad to meet again, and try to work out a compromise
that is agreeable. But if the commission so desires, they may refer to your .`gal.
department, to draft an ordinance of this nature. This in essence, and briefly is
the report.
OCT :4 19
et
eta, Gibson: -Where are the ftietiicrs of the iottittee`Stand u3 gentietei
t see you. Let me see the industry men.
REV. Willard: Rita Stone is not here.She has a bat downtown.
Mayor FErre: Do you represent groceries? So you have taken into account
the groceries, and etc. We did have a hearing on groceriei. What was it we finally
eame,'
Mr. Ferencik: Grocery stores can currently sell beer and wine if they
are so licensed, during those hours the store is normally open, every day of
the week.
sale of wine during certain hours which isn't included in
Mr. Reboso: It says there while the store is open.
Mr. Ferencik: That is correct but I will tell you it is very difficult
to correlate our store and licenses for the county for thay have 55 categories,
or some such thing as that, and beer and wine, ---convenience stores can sell beer
on Sunday morning but they can't sell wine. This was discissed at the time the
commission considered these possible hour changes, and there was no restriction
placed in the ordinance that changed the hours.
This chart is incorrect in that thi:, says no sale during that hour. Those
would be the hours that they would permit sales, in that 3-1 zone.
Mayor FErre: That is in the core city?
Mr. Ferencik: That is in the core city, generally described as the same.
are that D.D.A.---
Mayor Ferre: Let's see, it says no sales between Saturday at midnight,
to Sunday at midday. Is that right?
Mr. Ferencik: Right. There would be no sales fromSaturday midnight until
Sunday midday, they did recommend the sale from then unti 1 A.M.
Mayor Ferre: B-2 is everybody else. They would have .to sales on Sunday, from
noon Sunday, to 1 A.M.
Mr. Ferencik: No, that is the error. There would be ,permitted sales on Sunday
noon ,---take the word 'no' out, it is correct.
Mayor Ferre:There would sales from noon to 1 A.M. on Sunday?
Mr. Ferencik: Yes, sir.
(inaudible)
Mr. Ferencik: You had a hearing on package stores, but factually in this
column here, after 5 years I might mention, the only two things that have been
changed, was the convenience store hours and you did make a change that permits
restaurants without regard to size, they are permitted to sell to 1 A.M. on Monday
morrning of Sunday night.
There's no recommended change by the committee other than the two that are
indicated in the convenience stores, ---
Mayor Ferre: This is a public hearing. Let me for the record make sure we
understand this. This is a full public hearing on all itens dealing with liquor
licenses. Is that correct?
Mr. City Attorney, Mr. Clerk?
Mr. Reboso: Like in Dade county?
Mr. Ferencik: Well, in Dade county there are some restrictions on the.
our ,-------
Mr. Ongie: Yes, sir.
Mayor Ferre: This is a public hearir.; on all matters dealing with liquor
licenses., within the City of Miami, ,4.l i ategories,=---oe, r wine, C,O.P, pae age,
restaurants, hotels, apartments, clubs, si.per culbs, beer,---
E
OCT
Ongie: We made it genetai
Rev, Willard: That answers the question, originally when this item
rst came up, it did not consider all the items, but you gave to the comatted
e assignment to consider all of the liquor establishements, which We did.
Mayor Ferre: I understand.
Mr. Plummer: ----it favors the poor man over the rich. The poor man can buy
his bottle of beer, but the rich man can't buy his drink of booze. I don't kno,i'
Of any time we have ever had that where we looked after the poor man to the
detriment of the rich.
Mrs. Gordon: The rich man has his cases lined up.
REv. Gibson: I want to make this comment. I want to make it because
t happen to be on the team with my brother to the mike, I think this committee
ought to be congratulated. More and more I get disturbed, we are always at
dagger's point, and I just rejoice the committee could go together with different
points of views. One of the few reports I read carefully,(that doesn't say I don't
read the others) but I read that one carefully. I think under the circumstance, you
are accomplishing some of the things that need to be accomplished, even it may not
be to the satisfaction of all. I think this whole living is a give-and-take and
hopefully we will get it all done. I am not averse to unlimited hours. I say that.
but I realize people who are averse to it,and I think we have to give some and take
some. If the industry can live with this change, and the church can live with this
change, when ever you are ready, Gibson is ready to offer the motion.I like the other
proviso they put into it, that if you cannot agree to this, for God's sake give it
back to the committee and let them try to work with it again. That is a hopeful
note from me.
Mayor Ferre: B-1 is the downtown area that is basically the Downtown Dev.
Authority, which is from the River north, and goes to the railroad track -----
we are talking about the area we have problems with wineo's, derelicts and what
have you.
Mr. Plummer: REv. Willard did your group, your committee go into each and
every segment that is listed on that board?
Rev. Willard: We did.
Mr. Plummer: --For either increasing or decreasing the hours?
Rev. Willard: Yes, we did. We considered every single section under every
day, realizing that there was no way change or keep it the same without crossing
some lines that would create problems for somebody.Every item was considered.
Mr. Plummer: Let me tell you one of the inequities I found in the past.
Just say yes or no if you will, whether you addressed it.
For example, in a bar, we are allowing now a man to buy a can of beer in
a grocery store but he can't buy that same can of beer in a beer and wine bar.
Was that kind of problem addressed?
Rev. Willard: Yes, I think ;:he whole thing was discussed by the commmittee
because we had members on there who represented bars. They told us who they sold
to, they told us they sold to fishermen that went out in the morning. This was
a problem, going out on Sunday morning, and we realize there was a handicap there.
But we tried to close the gate where the problem exists in the downtown area.
Mr. Plummer: The point I am trying to make is, that in reference to beer and
wine bars, you did not close the same gate. I am asking this for the equity. You
follow me? Let's don't kid each other. If a wineo wants a drink, and he can't get
it at a grocery store, according to this, in the downtown area, he can get it in
a beer and wine bar. So you haven't closed any gates in my estimation. Do you see
the point I am making?
REv. Willard: Give me just a minute to try to digest what you are saying here.
I think I understand your statement. I would agree with you. Having been a pastor
in the downtown area for the last 15 years, and having escorted drunks from my froat
door for a long time, and knowing what they have in their hands, and what stands
beside them, what I pick up off the street and carry away, I would say 90% of the
derelicts in the downtown area get drunk on cheap wine.
OCT 1 4 19i
0
iuer : t agree
key. Willard: I am aware that most of that is purchased in the convenience
stores rather than in the package stores. There are very few of these in the down',
tewtt area. I may be wrong about this, but I think there are very few of them, She
discussed this.
Mr. Plummer: Let's put it this way. There is not few enough.
REv. Willard: I agree with that.
Mr. Plummer: i1r. Manager let me ask you a question real quick like. I brought
to your attention some time ago about nightclub licenses that are to be renewed
the 1st of October and I felt there were some nightclubs in the downtown area that
needed to be put out of business and I was hopeful that you would not let the first
of October go by and approve these without having some knowledge that you had the
right to turn them down. Has anything been done on that?
Mr. GRassie: Yes, Commissioner, the police department specifically was instructed
to follow up on that. I must confess that I don't where that has carried.
Mr. Plummer: It is still being pursued?
Mr. Grassie: Yes. They definitely have that as a work assignment.
Mr. Plummer: Fine.
Rev. Gibson: Mr. Mayor I vote that the report of the committee be received
and adopted and the necessary ordinance be drawn to correspond to the recommendat: n.
Mayor Ferre: Is there a second to the motion? What about the hotels and apar ent?
Not covered in the report.
Rev. Gibson:Fortunately for Theodore, when I am ahead, I like to run.
Mayor Ferre: I think Commissioner Reboso may have a point we should go
one step at a time.
VI
Mr. Plummer: Mr. Mayor you are out of order.
Mayor Ferre: Tell me why.
Mr. Plummer: The motion on the floor, either has to have a second,
no further discussion.
Mayor Ferre: I stand corrected.
Rev. Gibson: My motion stands. I want to move to accept and adopt the
report of the committee and the necessary ordinance be drawn to correspond
to that.
Mayor Ferre: Is there a second?
Mr. Reboso: I second the motion.
Mayor Ferre: Under discussion I would like to say, I personally feel, ---
first of all I want to thank the committee and chairman for the diligent work
the committee has done and the time and effort expended in what is a difficult
problem at best. It is not going to satisfy or solve everybody's dilemma or
questions.
I would like to express my opinion. I think that with relations to your
your B-1 area, which is the downtown core area, I think that really is a very
brilliant solution. I think it solves a major problem anc I accept that.
Now, with regards to the area outside the downtown core, what in effect
we are doing is, we had previously after a pebiic hearing adapted to do more
or less what Dade County is doing which is to permit the :ale of beer and wine
while the store is open. I don't know about that. I am a _ittie concerned. If
you remember we had Mr, Sabenes representing the Latin chamber of commerce and
General Marina representing the Inter American Chamber of Commerce. So here
were are.
.�,
4.k-Li
OCT 4 197'
at saying is, t am in agreement with t 13 1 estidfi 't
Mr, Reboso: The whole city of Miami?
ReV. Willard: If I am not out of order, may I answer that, because
diet was considered by the committee, and at first it looked like we Mete
Warking a hardship and we realize this was a change in what you had previously
Voted for those stores. Let me tell you what is going to happen. If you close
the derelict area, and where they are purchasing this cheap wine in the downtown
area and you leave it open on Sunday morning, and all we are asking for is just
Sunday morning, and if you leave it open, what you are going to do is to create
a derelict area in the very people you are trying to protect.
Mayor Ferre: What you are saying is, that in the B-1 which is the downtown
area, at midnight Saturday, no more sale, and goes through Sunday midday. That is
iti the downtown area. In the rest of the city, you are talking about sales, —
to sales in the morning, is that correct?
Rev. Willard: At the same time, except I think your present ordinance
begins it at 2 A.M. so we left that at 2 A.M. The downtown area we stopped it
at Saturday night because we could change that. I think your present ordinance
reads at 2 A.M. so we left that like it was.
Mayor Ferre: In every area other than downtown Miami, at 2 A.M. Sunday morning,
the liquor stores stop selling liquor and it can open up again at what time? Noontime
Sunday?
Mr. Ferencik: We couldn't get all that writing in here. What he is saying is
that at 2 A.M. Saturday night, beer and wine in convenience stores, the sale would
stop. It would not recommence until noon the next day.
Mayor Ferre: That is what I am saying.
(inaudible)
Mayor Ferre: No, no, on Sunday,
Mr. Ferencik: Sunday noon, then it would go through,
Mayor Ferre: Listen, I think ------I am expressing my opinion. As I see
the B-1 and B-2, from 2 A.M. to noon Sunday. That is what you got here.
Now, with regards to liquor bari=, you want to leave it from 7 A.M.
to 1 A.M. and 7 A.M. to 2 A.M. which is the same. Now, on Sunday, as I understand it,
you want to stop liquor bars in the morning. Is that correct? They would stop at
2 A.M. Saturday morning and there would be no sales until 12 noon Sunday, any liquor
bar in the City of Miami.
Rev. Willard: The law is that way now.
Mr. Ferencik: That is what is says now.
Mayor Ferre: At 1 A.M. on Sunday, there will be no more liquor sales i baxs'.
Mr. Ferencik: That would actually be 1 A.M. Monday morning.
Mayor Ferre: Yes, Monday morning, I understand.
Mr. Ferencik: They now have to close at 7 o'clock so you are extending the
hours, --they can now open at 1 and sell from 1 to 7, now it is from noon tiil�•=�
Mayor Fevre: You are going from 12 until 1 A,M. is that right?
Mr. Ferencik: That is correct.
Mayor Ferre: I would go with both of those. I do feel however that it is
a complete subterfuge in the hotel/motel/apt, vs. private club, because in effect
all you really have to do, if you want to violate the law,all you got to do is say
I am a club, and I am going to charge a quarter for membership in my club, therefore
by just doing that, every simply then any hotel, motel or restaurant, or private
club can therefore stay open until 3 A.M. during the week and until 4 A,M. Saturday.
Mrs yereaeikt Mta i4ayar, May i ititertupt you That is not technically
��freCt. A private club is a specific type of license under the State law acid
aft sure the police department enforces this law in such a way that only private;.
dtubs etijoy this extra hour situation. I think they get a break too, but just
because you say you are a private club, for instance; Mr. Monty Trainer now
Operates a restaurant up on Commodore Plaza,
Mayor Ferre: Is that enforced Kenney?
Mr. Ferencik:----which tried to operate as a private club. They called themse:ves
a private club but they didn't have a private club license, and they enjoyed no eX•ra
hours.
Mr. Plummer: Obviously Mr. Ferencik doesn't go out much at night. He leads
a sheltered life.If you have one ounce of iota,that in fact the private club ord-
ihances are complied with, let me tell you something friend. I draw your attention
to drive 27th Avenue, and you are going to find out they are not. Let's don't kid
each other. You also might be interested to knew how *many times the
fire department has sited some of these private clubs for over -crowding.
Mrs. Gordon: I don't know how you feel about private clubs J.L. but I tell
you how I feel. I think we have to take a good look at them. Because let me tell
you something. They violate all kinds of regulations like parking, among other
things. They take over private neighborhoods with cars all over the place. People
living near private clubs suffer because of their activities.
Mr. Plummer: Rose, let me ask this. If you are asking me do I feel, that
the private clubs needs a little closer scrutiny to make them operate within the
Charter provision, my answer is yes. Because at the present time, they are not
operating within the provisions. I think if it is enforee in fact you will have
no problem.
Mrs. Gordon: That.isn't even what I am talking about. I am talking more to
the nusiance of them in the neighborhood. I'm talking to not providing parking
for their customers.
Mr. Tom Nesbitt: Mrs. Gordon my name is Tom Nesbitt. May I ask
you a question?
Mrs. Cordon:Sure.
Mr. Nesbitt: About a year ago, you made a motion which was
passed by this commission to do a study on private clubs and you
were to be given a report.
Mrs. Gordon: We never got it.
Mr. Nesbitt: I would like to see the report too. But it was
passed by this commission.
Mr. Plummer: It is being written by the owners of the private
club.
Mayor Ferre: As you make any statements, your name and address
for the record.
Mr. Michael Schacter: My name is Michael Schacter. I am associated
with a bar in the City of Miami and have been in the whiskey business
44 years in Dade County believe it or not. I have come to these meet.ngs
every time they have had one. I have never missed a commission meeting.
So I am pretty well versed as to what has gone on here before. Just
like Mr Plummer here in April. We had a special meeting on package :tore
hours. Nothing was done. They talked a lot, and argued a lot, and heard
the public and nothing was done. This committee "gas created to go out
and get hours, or make some hours, to recommend o this commission.
They haven't given any thought tc :he package stcre h::urs on ttis thin:
at all. Just like you said, we dis.ussed this so many times and it has
been put off so many times. Everylne of these m,etings, nothing is
accomplished. We ought to get some:hing straight Do we want to do some-
thing for the liquor industry tie City of or don't we?
Coming back to the private cl.,b thing as Mrs. Gordon had recowmendec.
4 ,
Jr.
mere are some private t1ubS that are a credit `ta the cot tut ity. Tht y
dote ale that should be done away with. Just like she said, they ate
a nuisance to the people here. There are some really a credit to the
city. They are legitimate. Most of them are not legitimate. They ate
to circumvent the hours of the city of Miami's liquor laws. That is +~iat
they were formed for. One of our major representatives of Dade County
is responsible for them. He used to get 6 licenses every session up
in Tallahassee, for Dade County and sell them. That is what happened
here. It is an old story. I have been in this business 44 yars. 1 kr w
the answers. I'll give you the answers. Most of these private there is
e
are paying $250.00 fees. All these operators pay $1700.00,---
no equity there, is there? All right.
Coming back to the hours, we have had to fight Dade County L11
along. We have talked about it. Something ought to done along thl liras
of giving the package store opeator,(I am talking about the cotr. )inat ion)
the liquor bar and packages are a combintation. There you have liquor
bars. We talked about the beer and wine. We talked about the priivatt
clubs and the restaurants. The restaurants have had the edge on .is fcc
years. They got 1 P.M. on Sunday to 1 A.M. Years ago, they had t) cic5e
up the same as we did. But not they have that satisfaction. Some.hini
ought to be done in the line of giving these people some relief )n hour
Because, it isn't fair, hasn't been fair for all these years.
Mr. Plummer: Mr. Schacter, you want to talk to an inequity iir? tely
Do you dispute the fact that the federal government collects pT-
3 billion dollars a year from the liquor industry and spends 25 Pillion
dollars for alcoholics? Speak to the equity.
Mr. Shatter: That doesn't help our situation here Mr. Plummer?
e could site these things, ---our whole life is an inequity.
Rev. Gibson: As a maker ofthe owillnaContrary sirwould
�harc your
withdraw that motion, if my seconder
anxiety and frustration. I think that the very fact that this committee
could come up with one agreement,that is progress. Note what th;—: cot-
mittee did. The Committee was smart. The Committee said, do us tie f.vor
of returning the portion that you can't live with and let us tr-• to :tut
it and come up again. I thought that was very good spirit for tl City.
With that in mind I want to offer that we return to thcept the ccmmitteerst thepart oth��ftle
pa�t
recommendation and that we then
for study, and see where they go. I think you can talk these th ags
over long enough, and often enough, you will come up with some :olut:ons.
Mr. Mayor I would like to offer that as a motion. We did not vote. I
offered the motion and we were debating. He seconded it. He withdrew
the second and now I offer the pass the first part. Then we will dea.
with the second part. The second part is that we will send it back tc
the committee. Let the committee go through it and maybe in a reasonable
time they will come back and tell us what their findings are.
Mayor FErre: There is a motion and second. Further discussion
on this portion? We will come back and discuss the other items. You
want to speak to the motion only. You understand that I intend to pursue
the matter of the hotels and motels and apartments, vs. private club:
and in my opinion I think we have to standardize that one way or they
other. Whether we take the clubs and bring them back to 1 o'clock or
compromise and I'll recognize Mr. Sokolsky for that reason in a moment.
Unidentified person: I want to address myself first to the openung
on Sundays of restaurants,
Mayor Ferre: we are not talking about that at this point.
Mrs, Gordon: We are talking to the committee's report.
Mayor Ferre: Only to the cointr ttee's report. beer tine, grocery
in the first line and its the 4th line says liquor bars,C.O,P,=T--th,
only thing we are addressing. Do you want to talk to that?
Mr, GRassie: Just for the secretary's clarification, Mr. Mayor,
what we are terming the first part of the report is the first four 1.nes,
on that chart,-T---
OC l _. 4 1Bit
Mayor Ferret As I understand That Father Gibson
said his itotitsh covered the B-,1 portion and he said that the 13.4
portion should be returned to the committee for further study, He
further accepted the liquor bar area, is that correct, and moves
the adoption of the recommendation by the committee. In otherwords
to sum it up, there are three recommendations by the committee, Father
Gibson's motion accepts two, and asks the 3rd be returned for further
study.
Mrs. Gordon: --accepted two but left out the second portion,
and as I heard mentioned, that might be a bad thing to do. One withou
the other, because it might send them across the line, to purchase th it
beer and wine. I wouldn't want to see that happen.
Mayor Ferre: That is true, but what Father Gibson I think was
implying by that is that they can go across the line anyway. The
line is the county line, all they have to do is go across the street
from City to County and get liquor anyway.
Mrs. Gordon: Not downtown, and that is where we are talking
Mayor Ferre: Downtown is B-1.
Mrs. Gordon: You are adopting that, but not adopting B-2 and
the line of downtown is not county, it is City.It crosses into the
area of I don't think it is good to adopt one without the other.
I would like to adopt the committee's recommendation.
Mayor Ferre: I get your point, but I think what Father Gibson
is saying is that all somebody has to do Sunday morning is take a
bus and get off at 79th Street and get it his bottle of wine and
come back downtown.
Mrs. Gordon: Those guys won't do it.
Mr. Plummer: Let's don't kid ourselves. It is already started
by the way. You are pushing the wineos across the Miami River. You
have more wineos now between the Miami River and SW llth street
than they know what to do with. If you don't believe it look under
the S. Miami Avenue bridge, every night. Look under the expressways
at 1st Avenue, and look at the wineos over at the Elks Club in the
City park. All you are doing is pushing them from one area to the
other. I know Rev. Willard would like to push them even further,
and I agree with that. I want to push them north to the Broward
line.
Mayor Ferre: I would like to push them out of Florida. but that
is not the point.
Mr. Plummer: God bless Chief Headley, he had a way of doing that
Mayor Ferre: The point in this whole thing J.L. is simply that
are we accomplishing what we want to accomplish. Those wineos for the
most part, --half of them drink sterno, as I understand.
Mr. Plummer: They mostly drink wine.
Mayor Ferre: Don't these bums get these bottles and stash theta'
away in little hiding places and go to them Sunday morning when they'
wake up?
Mr, Plummer: Right. Like a pack rat.
Mayor Ferre: WE have a motion and second at this point. 1 think
the opinion has been expressed here and l am not going to belabor it,
l will vote my conviction,
Mr, WEston: Mr. Mayor since I an going to have to make an ordi.na ,ce
as a result of this motion, I think l need to have it clarified, l don't
know precisely what it is direct to as part l ani part Ii. Are we spe king
of the chart or the
E_
OCT . ISM
i ayor Vette! I Will speak itit'o the teebtd 'ghat is tneant here,
Motion is, that in the area roughly cOthpr'ised of the Dot. ntot rt
_eVelopment Area on this chart, referred to as E=1, that beer and
Witte in grocery, _-what does N.C. O.P. (not for consumption on premise,)
that in the downtown area, as defined there will be no sales, startin;
at midnight Saturday night, and going through midday Sunday at noon.
At noontime the stores will be allowed to open end sell beer,
a?t(1 wine. The second portion as recommended by the committee is
referred back to the committee for further study. The third area
Which is liquor bar, consumption on premises, that during the week
it remain the same, that is from 7 A.M. to 1 A.M. During Saturday
bight from 7 to 2 A.M. which is the same, that on Sunday they be
Allowed to open at 12 noon and run through 1 A.N. Monday morning.
That is the motion. Further discussion on it?
Mr. Plummer: You recall the big gripe as I recall, was that
Around the Orange Bowl, ---was it you that made the argument? ---those
people went to the Dolphin game, the game started at 1 o'clock,
if they wanted to have a beer, there was no way they could have a beer
and still be at the game at 1 o'clock.
Mayor Ferre: They are doing it at 12 now.
Mr. Plummer: I understand. Most people are
they come on time.
Mayor Ferre: You mean to say that if it opens at 12 they couldn't:
'get a beer before the game?
Mr. Plummer: They claim they couldn't get a beer and a sandwich.
and be in there for kickoff at 1 o'clock. Didn't you use that argument?
Who owns the bar at 17th Avenue and 7th Street?
Mayor Ferre: He is a member of the committee and he recommends it.
I accept this. Let's go.
It is 6 o'clock. Any further discussion on this?
Mrs. Gordon: I wonder what J.L.'s point is. Do you oppose t
12 or agreeing on the 12?
Mr. Plummer: I am voting against the motion.
Mayor Ferre: That is his problem. I don't vote the way he
votes.
Mr. Plummer: It would hurt me if you did.
in before the
game,
Mrs. Gordon: Mr. Mayor I am asking Mr. Plummer a question. He
is trying to bring to the table some information which I wish to have.
If it is not pertinent to me I won't use. If it is I might.
Mr. Plummer: Rose, as I recall, in the areas other than the downtown
area, the big argument before this commission in the past was that if
a person wanted to go and have a bottle of beer and sandwich prior to the
football game, that they wouldn't have time to do it on a noon sale, that
they would have to have sales starting at 11 o'clock or 10 o'clock
prior, so they would ample time to go have their sandwich. Maybe- I al.
wrong. His place is close to the Orange Bowl and they can walk over :n
5 minutes. How about the guy at Le Jeune Road and a guy at the west end?
Mayor Ferre: Call the roll please,
,)CT 1 1 !9%C
MOTION NO, 76.-894
A MOTION ACCEPTING RECOMMENDATIONS MADE BY TIE
COMMITTEE APPOINTED BY THE CITY COMMISSION T)
STUDY HOURS OF SALE OF ALCOHOLIC BEVERAGES
S'ECIFICALLY IN THE CASE OF LIQUOR BARS CHAN3ING
THE HOURS OF SALE ON SUNDAY TO BEGIN AT 12:00
O'CLOCK NOON UNTIL 1:00 O'CLOCK MONDAY MORNING
AND FOR GROCERY STORES IN ThE DOWNTOWN ZONE TO
PERMIT SALE OF BEER AND WINE WHILE THE STORE IS
OPEN BUT PROHIBITING SALES FROM SATURDAY MIDNIGH1
TO SUNDAY MID -DAY AND REFERRING THE TETRD RECOM.-
MENDATION CONCERNING GROCERY STORES OUTSIDE THE
DOWNTOWN ZONE BACK TO THE COMMITTEE FOR FURTHER
STUDY AND FUTUiE RECOMMENDATION TO THE COMMISSION
Upon being seconded by Commissioner Reboso,
was passed and adopted by the following vote:
AYES:Mr. REboso, REv. Gibson, Mayor Ferre.
NOES:Mr. Plummer, Mrs. Gordon
ABSENT: None
Mr. Plummer, prior to casting vote: I feel this proposal is-
full of inequities, and I think the whole thing has to be addressed
and unfortunately it wasn't, I will have to vote no.
Mrs. Gordon, prior to casting vote: It is partially acceptable
and by the deletion of another portion of it, it makes it unacceptabl ,
so as far as I am concerned, either we accept the committee's recomme datici=
which was a good committee, worked hard,and had a variety of people, ,r I
vote no.
the motion
Mayor Ferre, prior to casting vote: My opinion is this. I would
prefer to vote the whole recommendation of tyre committee,however I th zk,
that if I vote no now, you have 3 things, and what we are going to do :f
I vote no, is kill the two good things because I am not satisfied wit
the third one. Follow me?
What Father Gibson has done is, he made a motion for you to revi u
this again and I want to tell you, I expect for you to bring it back
again, the B-2 portion and I am going to say on the record, that I fa"cr
B-2. Instead of voting no, and killing the other two things, I am go.r.g
to vote with the motion, because as far as I am concerned out of the
three things you are recommending we are getting two now, and that is
a step in the right direction, therefore I vote yes.
It passes 3 to 2.
Mr. Plummer: I would now like to make a motion that at this tim
the City Manager be directed to investigate the licenses paid by the
owners of the establishments, ---there has not been any increase, in
a great number of years, the city has increased any and all fees:, th
consideration be given to increase the fees in this area as we lave
all other areas pertaining to the licenses. I offer that in the form
of a motion.
Rev. Gibson: I second the motion, because the Cost of living
goes up all around.
(Inaudible •remarks from Mr, Weston_.)
Mr, Plummer: Are we prohibited from inertia:ing
Mr. Weston; I suggested to the Manager that 110 1 =t
the state statute before he did anything here, 1c rings a hell that
we have some problems with it,
Wv ton?
m€ r.ectlt ck
OCT o
Dtrtet Cali tit rail 0lease►
the folloWing motion Vitas introduced by Contissiottet tlu t
Ved its adoption:
MOTION NO, 76..895
A MOTION DIRECTING THE CITY MANAGER TC INVESTIGATE
LICENSE FEES CURRENTLY PAID BY ESTABLISHMENTS DIS-
PENSING ALCOHOLIC BEVERAGES AND TO CONSIDER A POSSIBLE:
RECOMMENDATION FOR AN INCREASE IN THESE FEES AS THE
COMMISSION HAS DONE IN OTHER FEE STRUCTURES
Upon being seconded by Commissioner Gibson, the motion
*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
Rev. Gibson: I think we ought to congratulate this committee
and I want the committee to know that I am grateful to you. If I had
to do this, I doubt I would have been as thorough. At least, with
opposing sides, you came out with a settlement. That is a step in the
right direction. One of the reasons I want the committee to stay intact,
is hopefully you will help to straighten up some of the other inequities
referred to and obviously, couldn't do it all at one time.
Rev. Willard: My only question, the further work of the committee,
do you wish the committee to continue its work, and do you wish us to
consider all the other items except the two you passed today? �.
Mayor Ferre: As far as I am concerned, the answer is yes.
REv. Willard:Then our committee will be continued. I have a
wedding waiting on me at church, and I would like to be excused.
Mayor Ferre: This is a public hearing, for the purposes of con-
sidering all these items. There may be some further action here. I
don't want you to go under the misapprehension that we have concluded.
I would like to ask your committee continue. Father Gibson's motion
speaks to that, and come back with a further recommendation. Out of
courtesy to Father Gibson, and Manolo Reboso, I voted with the motion
because I felt it was better to two out of the three items. I did express,
and I want to repeat to you, that it is my intention to vote the B-2
portion.
Rev. Willard: I am asking do you want the committee to continue
its consideration? So I may be excused.We will be happy to hear anybody
here today.
Mayor Ferre:The answer is yes.
Mrs. Gordon: Before you leave, may I ask the Manager if he
would find out what work if any had been done wt_th regard to private
clubs, because some of the needs were in line with zoning and others
were with regard to recommendations on hours. It would be my opinion
with regard to hours, if that comes into consideration, that ought to
go to the committee. But with regards to zoning, which would regulate
the parking spaces and such, I think I would ask you to look into
that and see what has happened. Okay?
Mr. Grassier Is it your intent that we provide the information
to the committee, Commissioner? Is that what you would like?
Mrs. Gordon: Yes, and recommendations for changes if such
•
tffifendtis should cme out, Whth y U fitd cUt
ti�t on that,
Mayor Ferret They dOttit teed a mOtiot.
Rev. Willard: If everyone who has any suggestion to take
'At. the committee, if they will give us their name arid addtess,
they will be notified the time the committee meetsand We
)5-e happy to listen to anyone.
Mayor Ferre: Thank you Mr. Chairman. Al Sokolsky has bee?:
juthping up and down Monty,
Mr. Monty Trainor: Mr. Mayor I want to speak to that fact
l think that more than 50% of the liquor is served in the restauraht;,
rid this committee does not have a restaurant man on there. I think
you ought to appoint Jerry Robinson to that committee.
Mayor Ferre: Jerry Robinson is appointed to the committee
unless somebody has any objections.
Now, Mr. Sokolsky,----
Mr. Al Sokolsky: Number one is, I am here representing the
hotel association. The Hotel Association of Greater Miami has been
penalized by the actions of the Commission in the past year by its
procrastinations.
Mayor Ferre: I agree.
Mr. Sokolsky: At every meeting you have continually taken our
position and put it in the back along with the next agenda. It has
been over one year, while the clubs continue to operate till 4 and 5
o'clock in the morning, while several people continue to operate unt
2 or 3 o'clock in the morning in total disregard of any laws tais ci
passes, which the police powers, ----are policing these differeit are
are in the hands of the police department, not in the beverage depar ment
I would like to say this. The pendulum swings from left to right. Fa her
Gibson, I will remind you,(it is not very biblical), no man is an
island unto himself. Neither is the city of Miami. We are bordered
on each side by Hialeah, Miami Springs, --you can cross the street, a
throw a stone, ---this business about prohibiting the sale of alcohol
beverages, it is unfortunate that people have human weaknesses. I ag oe
with you. If I were in the position, in a secular state, to throw my elf
on the mercy of the courts or the church, I would pick the front doo s
of the church, because they forgive. In the eyes of the law, you can t
come into a court of equity with dirty hands.
It is unfortunate there is too much drinking. It is unfortunate
there is too much gambling. We have organizations for that. It is un
fortunate there is too much eating. We have organizations for :hat.
And it is unfortunate there is too much smoking. We can't regulate o r
fellow man in everything he does. This commission owes, A. --a moral
obligation, a legal obligation and an ethical obligation to the peop e
in the community.
Defining the terminology of what I consider, for liquor, a
moral obligation, you are responsible not to serve a person, under
the law who is under the influence of alcoholic beverages. Under the
dramshop act, if he causes destruction of life or property, there
have been several supreme court cases in the United States, which
have not only stated, but have found the owner of that license guilt'
and taken away all of his possessions. WE are kind of defining that
moral obligation and putting it in a legal light. We also cannot ser,a
anybody who is a minor. That is morally wrong to do and also illegal
wrong to do. .This commission has set down legal laws that are iuppos d
to be enforced with the exclusions of any abuses by the police depar
ment and I can tell you right now, they are not enforceable because
there are too many places to police. We also have an ethical o)ligat
to every license holder in the City of Miami, to the people who own
the property, who pay the taxee, who pay the feei for licenses, who ca
entitled, in an island, as I said before, of 26 municipalities, not :3
be penalized because they chose to do business in the City of Miami,
and this is penalizing them if we allow somebody to throw a stone
dss the street, and cast a shadow, because this is that we
iflgl
Now, the hotels have been severly penalized. First of all we
ate trying to become out of our infancy since I have been here, an
international city; we are also becoming a cosmopolitan center it the
United States and as a city that is trying to attract people to come
here, not only for business meetings, for conventions, etc. we have
severely, restricted the operations of hotels, where our secondary
business is liquor, not primary, secondary. We are in a service industry,
we are offering people a service. By cutting off any part of our services
you are cutting fingers off our right hand. We canno compete with the
people on Miami Beach, we cannot compete with the people in Hialeah,
we cannot compete with the people in Miami Springs because they can
do what they wish with their hotels and we are unfortunate enough to
say that we must close our hotel bars at 1 o'clock during the week,
and 2 o'clock on Saturdays. We are not interested in the sale of
alcoholic beverages per se. We are interested in give people service.
And part of giving people service is a fording them the ability of
being able to make use of all the premises in a hotel. We legally
and technically, cannot not allow a banquet or wedding party to past
1 o'clock in the morning, even though it is a private function.
They are operating under our license. And Ithink that in the past
12 months, this item has been up before this city commission on
numerous occasions. I think the limiting the hours of alcoholic
beverages to one closing, which incidentally by statute and by
definition of the state legislature, all the counties in the State
of Florida are supposed to comply, with a uniform closing of liquor.
But it has been compliance. This county has not complied. I think if
we, (not arbitrarily) were to pick an hour, if :he clubs had to close
at 2 o'clock, or 3 o'clock, and the restaurants and hotels had to, too,
it be kind of saying, that is the end of the line for anyone in the
City of Miami. It may in effect penalize us because a guy across the
street is there till 5 o'clock. It certainly make a broad differential
to us, we have dining, we have dancing, and we must close our doors at
1 o'clock. There are many of us that do. The Four Ambassadors Hotels
runs till 5 o'clock. They did so by coming before this very commission.
Bob Haverfield stood here and got this commission to grant him an except' -
He has been operating till 5 o'clock for 3 years. There are several othei
hotels operating till 4 or 5 o'clock and I will not stand in front of
this commission and ask special consideration for myself. I want to
be treated the same as everyone in my industry, and I am waiting patiently
for this commission to grant the same uniform liquor laws.to the hotels.
I don't believe that hotels should be in the same categories as apartment
buildings. I too, own apartment buildings. We do not feel that selling
liquor or serving liquor in a bar in an apartment building is offering
a service to permanent residents. WE don't have to. We are attracting
people from the outside. But in a hotel, in a service industry,(I will
tell you this, we have people in our hotel tonight from Great Britain,
France, Switzerland, South America, from Central America), --I am having
a meeting with some people from Latin America, I am late now. which Stu
Morrison set up, operation Amigo, trying to drum -up business, and when
they ask about our facilities, we cannot say that we can allow the service
Their flights come in at 1 or 2 o'clock in the morning, if they want to
have a cocktail party, or gathering, we cannot offer them those things.
I will not come in front of this commission and ask for anythin, special.
Yet I know as a fact, and I am suffering because of it, that there are
several hotels in this town who have asked this commission, and they
have been granted these permissions, because it is reasonable. If it
is reasonable for them, it should be reasonable for the entire industry.
This cannot be put off; it must be voted on.
Thank you.
Rev. Gibson: What is the closing hour for hotels?
Mr. Sokolsky; 1 o'clock, sir, < o'clock on Satur44y,
Rev, Gibson: What about private clubs?
Mr. SokoI.sky; They may close at 5 o'clock and 3
Mr. Plummer;-'-3 and
OCT iy7c
bsot%t The Metisb is f the ebMmittee still here?
Mr, Sokolsky: I think Mr, i'luhimer trade a very valid point
ith he said that you can get into a private club for 25C, in
the cases $1.00.
Rev. Gibson: Let me say this. It would appear to me, that
Otte of the advantages of coming here --is the committee heard.
Now, I happen to be one of the guys despite the fact my hussle
is preaching. I was for a wide-open town. I hate to see the county
do it to us. But I would that the committee would take seriously
that hotel business. As I travel around I know what he is saying,
1 would hope we would understand that hotel business.
Mr. Sokolsky: I think Reverence, that the Committee having
made a study of 15 items, in that :;beet has not by its nature
Cot by its acts of administering a committee, taken into effect,
----we have no representation from the hotel association. The fact
that we pay a good deal of taxe.i to the city, and the county, is not
in itself, or by its nature, thy: reason why we should be afforded
41 these privileges. I think the fact we are offering a service in the
community that we should not have to compete with clubs. We can pur-
chase a private club license. Just put yourself into the position, and
it is not just in its thought, that a man must walk into a public place
and be informed that in order to partake of the facilities he must
first receive a free membership. Or if you so desire Reverend, you
charge him . To me, no one has ever had the right to bar a man from
a public place.
Rev. Gibson: Let me ask you a question. One thing disturbs me,
you said there is
committee.
no representation of the hotel people on that
Mr. Sokolsky: There is none sir.
REv. Gibson: Do you have the name of a person?
Mr. Sokolsky: Yes, sir, the Greater Miami Hotel Association
of which I am a member, and several of the other people, as I say
four or five of our hotels have shuffled for themselves, but I would
be glad to talk to the secretary at the Columbus Hotel and get someone
on the committee.
Mayor Ferre: I appoint Mr. Sokolsky to that committee and if
e does not wish to serve, then he will submit the name of a substitute.
Sta
Mr. Sokolsky: I will submit a name.
Mayor Ferre: I happen to personally agree with the very simple
conclusion,---two-fold; No. 1 we have been playing around with this
for over a year and have not come to a final decision, No. 2 that it
is patently unfair to permit a club to stay open until 3 A.M. and
4 A.M. and not do so with the hotel/motel and apartment.
Mrs. Gordon: Who sets their hours? Do we set it or the State
set them?
Mayor Ferre: We set them.
Mrs. Gordon: We can set them back too,
Mayor Ferre: What I am tryin} to say is, sauce gor the g.00se,.
if sauce for the gander. Fair is :air. They all nave to be the same.
don't care if we go up or down, that is a different matter. I don't
see how we can discriminate open,.'.. frankly, would you tell. me what the
difference is between a private c,ub, liquor,C.(..P. and a hotel that
happens to have a bar. I can't for the live of ma see the distinction,
except one is a subterfuge to het around, and stay open till 3 o'clock
in the morning. Either they all close at 1 or 2, or 3, and that is it.
OCT 14 1Slt,
thhidentified person: Mr► Mayor if I might, if you ate going to
td this back, at the neitt cotnhittee Meeting I am going to make this
toposal,=*=any establishment that sells liquor, operate under these
hours, --Monday through Saturday, from 7 A.M. to 2 A.M.,--Sunday froth
noon to 2 A.M. any and all people that sell liquor in theity of
Miami. That is the proposal I am going to make. Any of you who want
to come to the committee meeting, please put you name on this pad, sc
you can address the committee to that particular item, which will be :he
proposal we will put forth.
Mayor Ferre: Kenney, you had better hold off, because I think
this thing may be decided today. The first thing I want to establish
as far as I am concerned is the principle of the matter, that it be
uniform, then we can discuss the hours. Okay?
So if you want, I will make the motion. I move that the ---
(inaudible remarks)
Mrs. Gordon: ---Mr. Mayor,I think the lady, ----
Mayor Ferre: even if you are out or order I am going t
let you speak.
Ricky Cammenetti: My name is Rickyammenetti, and I am executive
-Vice-president of the Southwest Le Jeune Home Owners Association. I
have made some notes regarding previous speakers. The people who .ittcad
these clubs and these hotels, with all due respect to Mr. Sokolsky
whom I respect very greatly, he made mention of moral obligations,
ethical obligations, legal obligations, cannot serve a minor, laws
supposed to be enforced by the police department, we have not enough
police to enforce these laws. There are too many places as he said, to
be enforced. The hotels have, he said, been penalized. What about the
people who have suffered as a result of those people who come out of
the clubs at 3 or 4 in the morning, and are able to cause injury and
damage to other people's property? I am speaking with a personal effcrt.
A nephew of mine was injured by a person who was drunk, driving under
the influence. His legs were fractured. He had 14 operations. This did
not come about because the man was innocent. The man who hit him was
drunk, result from a late closing hour. How many children, how many
more people are injured because of the late closing hours in the re—
mainder of the area? My point is, that if we extend the closing.we dcn't
do the remainder of the population of the area any good. My feeling is
you keep the closing hour to 1 A.M. That is enough time to get drunk
and do enough damage. We don't need another hour for them to get polluted.
I feel very strongly about this and hope you do.
Mayor Ferre: I didn't rule you out of order because the fact
.is we are not talking about that yet. My motion isn't going to speak
to that. I am going to move at this point, that whatever the commissions
do with regards to restaurants, liquor bars, hotel bars, motel bars,
clubs, nightclubs, supper clubs, that everybody be uniform. I am not
telling you what hour. I am making a motion to uniformity. We will talk
about the hour later on, we can get into discussion on that. I think in
philosophy they all have to be the same.
Ms. Cammenetti: Just take the human effort into concern.
Mrs. Gordon: There is a motion to unify all liquor hours.
Mr. Plummer: You are speaking to beer and liquor?
Mayor Ferre: I specified them ----liquor bars, restaurants,
hotels, motels, nightclubs, supper clubs. I am not talking about`
eer and wine, liquor package stores, beer and wine groceries--..—..
I am talking about where there is a bartender and a guy gives You
a drink, whether it is a hotel, apartment, nightclub, restaurant,
private club, they are all the same.
Mrs. Gordon: YOu are not making the hours now, You arc 'letting
he committee come back on that,
the
Mayor Ferre; Not talking about that. We are going to talk about
hours. I want to get the principle of the thing, that everybody
• V
OCT 4 15It
•
•
the sate, t think Me, Sokolsky is tight, Who SedOoded iti
Mts. Ootdot: You have a totiot and second, h6W Oh discussioo,
Mt, Plummer: Mr. Mayor did I understand you to start at liquors,
ddkage, down, or restaurant -liquor, down?
REv. Gibson: You didn't deal with package, Mr. Mayor the questica
Wag directed to you.
Mr, Plummer: Mr. Mayor does you motion speak to liquor -package
4C,O,P, down, or restaurant -liquors, beer and wine all the way don
Mayor Ferre: J. L. I already answered that twice.
Mr. Plummer: I am sorry, I didn't get your answer.
Mayor Ferre: I am only talking about, ----only talking about,
restaurants, liquor and beer, C.O.P. 1---hotels/apartments and motel! 42
private clubs and liquor clubs, 3, nightclubs 4,--and supper clubs.
Mr. Plummer: I think the fact is we only had one, and we doalt
have
than one anymore.
Mayor Ferre: How many nightclubs do we have that are going to
e affected by this?
Mr. Plummer: 17 or 18 I believe.
Mayor Ferre: I withdraw that portion of it 3ecause nightclubs
is a separate world. I withdraw the nightclub portion if you will
accept that. I am only talking about hotels, motols, apartments,
liquor clubs, supper clubs, and everything else,
Mr. Plummer: Why even speak to that, if I a1 not mistaken we
don't have any supper clubs anymore. Am I correc;:? It
went broke?
Mayor Ferre: Other than night,.lubs, places dhere there are bars.
Mr. Sokolsky: Mr. Mayor I think you have made a wise observatior
about subterfuge before, and to place the city,(this woman made a point
about injury from drinking, etc.) placed the city into a position'
where subterfuge can be done again by just complying, inside of any
hotel, inside any establishment, ----to become a nightclub.
Mayor Ferre: Bob, would you answer? How do you become a nightclu)?
Mr. Ferencik: You must meet the qualifications of 4,000 ft.
you have to be able to seat 200 people, you have to serve meals,
'have live entertainment, a 400 ft. dance floor, and have to pay a
big license fee.
Mr. Sokolsky: Horatio's my friends, is a nightclub. It seats
200 people, it has a 400 sq. ft. dance floor, it has dancing every
night in the week, and that is a commercial for anybody here who
would like to come. It closes at 1 o'clock.
Now, I will make this statement because it is on rebuttal, ---
Mr. Ferencik: He can't have a nightclub there, he is in the
wrong zone.
Mr. Sokolsky: You see what I mean? It is subterfuge again,
Mayor Ferre: Look, we are doing the right thing. We putting
v rybody on the same
Mr. Sokolsky: You said uni:orm, thou you tale half the m@••
pi .tt of uniform.
mayor Ferre; I will tell you why. There is difference between
-1114s.%,
OCT *.; 4 197E
•
dy''Whb has a bat, it A testauta t5 liquor bar hhte
A private club, those categories, and a night clubs f
At. A nightclub is a nightclub is a nightclubs
Mr. Solkosky: Then why not allow hotels who have dancing
food service and meet the minimums to have nightclub licenses
Mayor Ferre: What you are trying to do is, ----
Mr. Solkolsky: No, I am not trying to get in, I at saying i
dan/t become uniform.
Mrs. Gordon: You are not.going to solve this tonight. I recomtnetd
send this to the committee and let them bring back a recominendat,on.
Mayor Ferre: I have a motion and a second.
Mrs. Gordon: Okay, and we are on discussion. It is my personal
feelings we can't solve this today. The best thing you can do is give.
.t to your well-balanced committee, which you have made more balancei, 0
than it was before, let them come back with recommendations.
Unidentified person: Just for the sake of taking this motion
now, not to do anything with it tonight. There are other people who
Want to talk on other issues of this particular point. What we are
saying to you is this, if you are going to say to the committee,
that we want that committee to work towards a uniformity, our closin
hours and opening hours, between all of the areas involved, excludin
your private clubs and nightclubs, that is one thing. If you are say ng
to them you want it to go across the whole board, then there are nig t
club people who run nightclubs, who run them well, within the law, trey
are not trying to beat anyone, Les Violins for one, Flamingo for ano-her
are the outstanding clubs in this city, and there are private clubs
that are also run in this city, ;,ontrary to what Mr. Plummer sa\s. I
don't disagree with him, there are some that do not run them right,
but other do run them well. I think what we have to do here is to
notify this committee,they are going to sit down with it, and sit
down with it and look at each of the areas involved in it with
uniformity within an area.
Mrs. Gordon: We charged them with that responsibility and
personally, the Mayor set this committee up, I would person illy
hope that they would bring back the recommendation, like Kenney
made a statement before. Okay. You may have different ideas, toffs
them around. Come back with your recommendations.
REv. Gibson: The gentleman just made a good point. Mr. Mayor
there is nobody on the committee to represent the nightclubs. That
is what he said. One of the things you have to be careful of, is hay.
their voices heard.
Unidentified person: You have Mr. Jose who has Les Vio ins,
and Flamingo, who should have a voice on the committee.
Mayor Ferre: I will appoint Mr. Joes
So everybody is represented too.
to that committee oo.
Unidentified person: You missed one point. Now you have private
clubs.Either you are going to establish a committee that is going to
be vocal.
Mayor Ferre:I take back that appointment. The committee is good
enough as it is, and I am going to let it go that way.
Unidentified person:Before you close this out, may I. please, yo.
said you were going to discuss certain items on here and we wound lip e
to go into that. There are other things that have to be spoken to,
Mayor Ferre:There is a motion and second that everything b'
uniform other than nightclubs.
14•; .
)CT . 4 197i
Mt, Sokolsky: 14t-rette, May t ask one question
on that Motion? On that motion. on the floor, before it is voted" cb y
I would like to say that I believe that this commission has taken a
step forward in the tight direction. If the committee will resolve the
hours that equitable, I believe it is fine. I will state, that I believe
that this committee is on the right foot and the commission is an the
right foot, when they say uniform closing, the law should be applicable
to everybody, uniform closing.
Mrs. Gordon: Again on the motion,whenever we talk about, uniform-
ing something, we never talking about uniforming it earlier, it is alw; ys
uniforming it later, and that is why 1 am fearful of making, or taking
a possitive step on the Mayor's motion. I would rather leave this well-
balanced committee along and let them come in and tell me what is the
proper thing.
Nr.Sokolsky Mrs. Gordon let me ask you one question.
I am not asking you how you are going to vote. That is your business.
Iam saying if you are in agreement, or disagreement, in either case,
• whichever side of the coin you take, whether you become protagonist
or which way you vote. That if you are going to vote for something
that is uniform, then it must be specifically within the definition
of the word uniform. Now we arc coming back and saying, let us
discuss what is best for nightclubs. Let us discuss what is best
for hotels. There are some wonderful private clubs. We presume, we
should presume, that everybody in this city, that operates a private
club, operates it as a private club, and anybody who does not operate
it as a private club should not be granted a right to operate under
a club license. So the presumption is, he is operating properly. The
presumption is that we assume that these people are doing it accordit
to law. Now, to come back and say that some people who are operating
properly will be inflicted by the laws of this committee is complete.
totally wrong. I would like to ask Mr.Ferencik one question. He said
we are not in the zoning for nightclubs. I am not seeking it.
Mr. Ferencik: Is the Four Ambassadors, on Brickell Avenue in
the proper zoning for nightclub?
•
Mr. Ferencik:No.
Mr. Sokolsky ; Thank you sir, and they are open till
every morning.
Mayor Ferre: Who is?
Mr. Sokolsky; Four Ambassadors. Read your local
The Zanzibar goes till 5 A.M.
Mayor Ferre: Bob, is that true?
Mr. Ferencik: That is true.
Mayor Ferre: How can the Zanzibar, and Four Ambassarors
Mrs. Gordon: Mr. Grassie would you furnish us a report on 'I
that situation please?
Mayor FErre: How did the Zanzibar get that right? To stay ope
fil. 5 A.M.
Mr, Ferencik:Mr, Mayor that goes back a num)er of years, And
Mr. Sokolsky is correct. Attorney Haverfield apFeared before this
commission and they were granted the right to operate a nightclub
on that site.
Mayor Ferre; Until 5 A.M,?
Mr, Ferencik; They may be staying open
over the years they haven't stayed open,
Ink
L
Mr. Sokoisky: They stayed oper. till 3
o'clock, and
5 o'clock
OCT 141ib
Saturdays, t bt. they have instituted A flew policy till 5 A.
ar Gordon.
Mrs, Gordon: I still would like, and I have asked the Manager
=I want a report when these things can operate. How could you
grant, --there is no provision for that sort of thing, even in out
otdinances .
Mayor Ferre: Mrs. Chairman, since you are chairing this thing,
I want to point out to you that I have asked the question and my
question has not been answered. I asked the question and half of it
has been answered. Bob explained that Haverfield came here and got
a waiver or exception. Now, you hedged a little on the answer whether
or not it was till 5 A.M. When Bob Haverfield got that right, did
is specifically state till 5 A.M.
Mr. Ferencik: Yes, they were granted a nightclub license.
They had all the facilities for a nightclub.They were just in tha
wrong zone.They granted them this nightclub right and actually I
suspected it was the intention of the commission at that tithe th
this license,
Mrs. Gordon: What year was that Bob?
Mr. Ferencik: Back when the Ambassadors were built.
Mayor Ferre: I think I remember voting for that. It must
have been in 1967, either before I got there, or when I got them';
The Ambassadors were finished in 1966 as I recall, and it was jL3t
after that. Bob Haverfield came back with something to that effect
and he got all kinds of waivers. He got the waiver before I got :hen!.
Bob High was Mayor during that time, and he gave all kinds of waiver:;.
Mr. Ferencik: In defense of the action of the commission, I
really think it was the intent of the Commission probably at C a:
moment that that license only be granted for a limited period of tim,.,
but the City continued to renew this license and in all probabli:y a:r
action that you took a year or so ago, which grandfathered a whole
bunch of nightclubs into existence, that don't meet the conditiois o:
the ordinance, probably grandfathered that one in.
Mayor Ferre: Now that you have answered my question I want :o
make this observation. Over the years we made this exception and tha:
exception and now what happens is this. What right does the Sheraton
Four Ambassadors have, to have something that this hotel owner dDes
not have? Either he gets the same thing, or they get their's takan away.
That is what I am saying. What is sauce for the goose is sauce for the
gander, therefore Madame Chairman, I call the question.
The following motion was introduced by Mayor Ferre
who moved its adoption:
MOTION NO. 76-896
A MOTION STATING THE POLICY OF THE C1 TY COMMISSION AS
GOING ON RECORD IN FAVOR OF UNIFORMITY IN HOURS OF SALE
FOR ALL ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES
FOR CONSUMPTION ON PREMISES EXCEPTING NIGHTCLUBS
Upon being seconded by Commissioner Cit)4t'n, th4 motion
passed and adopted by the followiirp, vote:
g$: Commissioner Manol o Rehoso
Commissioner (Rev.) Theodore ,(gib
Mayor Ferri.
Mr, Plummer
Vico-Mayor Gordon
Mr.. Plummer: Stating for the record. 1 think the tA0g4it }rg
still going to be present when it was del inr. i ed the way it is,
uirtii such time as this commission is ready to strand up and add ass the
whole problem, I am not ready to stand up -
Mayor Ferre:
We are inching away at it, papa. Hold on.
C i3T
=197&
tik
6
yor #titre t t4het is the Will Of the ehMillitaititi as to these Mural
Are to goitg to send it back to the COtnittee, of what ate We goltg to do oh
this?
Rev. Gibson: I respectfully urge the committee to repose that confidence
its that committee. One of the things I have learned, is if you have citizens
working, you ought to at least give them the benefit of tLe doubt that they
Will set a reasonable hour. We say go for 5 o'clock, I wo!der how much flexibility
you relly give them to negotiate. I think most of the members heard what we have
said and pretty much know how we feel. It you would say tc that committee, we
want uniform hours, and then let them come up, if they consider 3 o'clock as
a good hour to close, let's go for, it they consider 5 o'clock a good hour to
Close, let's go for 5 o'clock. That would make it uniform.
Mayor Ferre: Father Gibeon moves that this matter be referred to the committee
for discussion and deliberation and a recommendation at the earliest convenience.
Is there a second to that motion?
Mr. Reboso: Second.
Mayor Ferre: Call the roll.
Mr. Plummer: This is reverting it back to the original committee, with
no additions?
Mayor Ferre: There have been two members added. This gentleman right he;e
end Mr. Sokolsky.
Mr. Plummer: I call for vote on the appointment of those two members.
(inaudible)
Mayor Ferre: The Chairman who is a Baptist minister, and what do you th nk.
Mr. Phillips, and what do you think Kenney Harrison, ----who do you think the:
represent?
Mr. Plummer: You want me to answer that? If you look at the composure cf
this committee, when originally appointed, there were 3 from the industry, a:d
3 not from the industry.
Mayor Ferre: Mr. Plummer, I rule you out of order. I will recognize you
as soon as this vote is over, and at that time we will diEcuss the make-up o.
the committee.
Mr. Plummer: I think it has a bearing on the vote. I am not going to
send anything to a committee that I think is unbalanced, and I think it is
unbalanced. I think it has a tremendous bearing on it.
Mayor FErre: I think that is a valid point.
Mrs. Gordon: It is a very valid point. The lady, Camenetti, who was here
interested in this subject and no women are on this committee. I think it would,':
be proper for you to appoint her to the committee if she would serve,
REv. Gibson: Where does she live?
Mayor FErre: I appoint Ricky Camenetti to the committee,
Mr. Plummer: I nominate the pastor of Gesu Church,
Mr. Reboso: I think this is a 9-member committee and the Latins are
not represented. The Latin Chamber of Commerce was the one that brought this.
1,65410 in the beginning and it is not represented,
Mayor Ferre; All right, we appoint Mr. Lu s Sabenes t-) the committee. Th4
balances it off,
Mr, Plummer: I appoint the pastor of Gesu Church,
Mayor Ferre; I appoint the pastor of Gesu Catholic Church to the committee,,
mei
0
•
Mayor Fetre:How many people have we got on this committee hole
marry lay people, how many liquor industry people do we have?
Unidentified person: Five non -industry, (inaudible)
Mayor Ferre: Let's see, you are from the industry, --that is a lady front
the industry. We appointed you from the industry, that is 4, Sokolsky from
the industry, and we just appointed Sabenes from the industry, that is 6.
Now, from the non -industry, you Mr. Phillips, Rev. Willard, Ken Harrison,
is 3, Ricky Camenetti is four, and the pastor of Gesu Church is 5. We need to
have another lay man.
Mr. Plummer: Need two.
Rev. Gibson: Put Fincher on.
Mayor Ferre: David Fincher, so we don't have a black, so
Pincher
Mrs. Gordon: What do you need,another woman?
Mayor Ferre: You got two women.
Mrs. Gordon: Where's the two women?
Mayor Ferre: You have Rita Stone and Ricky Camenetti--two Women
one Latin,----6 and 6, okay. Is that fair?
Mr. Plummer: How about a wineo?
Mayor Ferre: No wineos, no wineos.
(laughter)
Mayor Ferre: The chair rules that there are no consumers represented on
the committee and that there must be consumers. How about
I rule everybody out of order, let's get back, now we have a motion
made by Gibson, seconded by Reboso, that this matter be referred back to committee
after we vote on this, I will make these appointments, you have my word on it. The:i
we will proceed.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 76-897
A MOTION STATING THE POLICY OF THE CITY COMMISSION
DIRECTED TO THE MEMBERS OF THE COMMITTEE APPOINTED
TO STUDY THE HOURS OF SALE OF ALCOHOLIC BEVERAGES IN
THE CITY OF MIAMI THAT THE HOURS OF SALE BE UNIFORM
FOR ALL ESTAIBLISHMENTS
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote:
AYES:Mr. Reboso, Rev. Gibson, birsv=6ordom, Mayor Ferre.
NOES: Mr. Plummer --(Mrs. Gordon changed vote to no)
MSENT: None.
Mayor Ferre: Unless I am ruled otherwise, the 12 members that were just
listed out, 6 from the industry, 6 non -industry people, now compose the committee.
They have two charges as I. understand it, as of now. The first charge is con:,ider
the area of B-2 on this chart.Their second charge (where did Mr. Phillips go) is
the recommendation of uniform hours as passed by the motion of the commission that
just passed.
Mrs. Gordon; I want, as clarification, because I voted to send it back to tho
committee, I don't feel that my voting affirmatively means that they must co;e ba'k
With that uniform recommendation. They car. come back with what they think is righ-.
OCT
they thihk it is tight to 66 to back that way, fibs, If they think it is bYr6ng
I.VAfit them to tell me so
Mayor Ferre: I think their charge i:, an open-end charge. We are not putti ig
arty conditions on it. But this commission has gone on record, and be so advise..
lip until now, this commission has been run by the majority rule. I would like o
paint out that 3 members of this commission voted for uniform.
Mrs. Gordon: Right. Since I voted to send it to the committee, to make my
position clear.
right
Mayor Ferre: You are perfectly as a member of the minority to do that,
Mts. Gordon.
Mr. Plummer: Let's not kid ourselves. You are speaking that you are charg hg'
the committee with uniformity.
Mayor Ferre: I think the vote speaks for itself.
Mr. Plummer: You voted 3 to 2 make uniformity. So you are instructing the
• committee only to set the hour of uniformity. That is all you are doing.
•
Mrs. Gordon:
Mr. Mayor I didn't understand your motion that way.
Mayor Ferre:----but Mrs. Gordon has the right to express her opinion, and
that committee has the right to express any opinion it wants.
Mrs. Cordon: Suppose it comes back and says we don't believe in uniformit''
Then you get a:other committee?
Mayor Ferre: Then I think it will be discussed, and I will tell you, m
vote is firm. I don't know about the others.
Mr. Plummer: That is the point I am making. I can only assume Mr. Mayor t;at
the 3 votes for it are firm, and if the committee comes back and recommends it it
is not going to chage,
Mayor Ferre: Mr. Plummer,
commission has been expressed
guided accordingly, committee.
back with a recommendation as
you wish to express any other
Now, Mrs. Gordon,
you are absolutely correct. The will of this
and the majority has expressed its opinion. Be
The purpose of your deliberations will be to coie
to what that uniform hour should be. If, however
opinion, you are at liberty to do so.
Mrs. Gordon: That was not my understanding in voting affirmatively. Mr.We;ton,
have I the right to chage my vote?
Mayor Ferre: Yes, she has the right to change her vote.
Mrs. Gordon: It was not my understanding I was charging them to come back
with hours.
Mayor Ferre: She did not vote with, she voted with the majority, the•efore
she does have the right to change her vote, or she can ask for a reconsideration.
Mrs. Gordon: ---not of the entire vote, of my own vote.
Mayor Ferre: The Chair will rule Mrs. Gordon has the right to change her
and let the record so reflect. Do you wish to change your vote?
Qte
Mrs. Gordon:Yes I do. I don't want to go on record a; charging them to co,
hack to me with uniform hours only. I want them to have t.:e right to come back.
to the with whatever they think is proper.
Mayor Ferre: Mrs. Gordon, I will express the intent t the motion aA
it, and
Mrs, Gordon; I change my vote i.• a1.;t.
Mayor Ferre; You change your vote to
b
VeTte
the MAinttiV, Hitt+ nit: if 1 bai,, 6)(010hing *iti(n4t,
0:0Xlitegsett ttn optitt.m 4.n a manoti7 haatc, thnt nnitutm hontnithat liruor
ihliart4• Otitt`i. tt:iti It i 01( 110+6, I.= ifist reit in 'the. 1,bic WEIL'S t #i t That. IS the
tkpteSsed wishes ot1 Iti mAiol liv or thlo Thele In n committee) the
COttimittee is chnte41 t,.(th tc,nmincnOtnE acqtril thinKtt. ttne is the item of 13..2.
• 8econdly you ot 1(.11:1( !“-.11 1: I1 I cl I 11111 SIC•iltl tl,zl 111111 should be, If ,
however, vou hnve any othct optot.na in :nil rilvA. dvolIng with liquor licenses,
you are C 1t !i0 twi r v.tIlnr. I I I hi (( omml on I . are not putting
any type restrk.( ions on von to eRietoln u117 opinlona, either for the majority
or for the minority. Okny: Anv finenIttnin on !hot, Any ()Welton?
Is there anything else to lit dim -tinned on Ilqnor licenses tonight?
Whc is next in line':
Mr. Monty Trainot: My name Is Monty Trainor, 21)60 S. Ilayshore Drive.
'We have reaohed this posit ion n number (d times. Not quite this far. But I think
t4hat we are trying to do in the City 01 Miomi,--the City of Miami has done quite
a bit of research into this, and this is why thcy allow nightclubs, supper clubs
and things of this nature, it.callse wc are trying to create an atmosphere so we
can have tourist, we can have entertainment, we can compete with Atlanta, with
other towns, for their convention business. I think it is grossly inequitable
that you allow areas close to Miami to compete with our hotels such as Mr. Sokolsky's
And I think we have to address ourselves to this if we are going to be a convention
city, then we do have to he uniform. You have restaurants which have 200 seats,
4,000 sq. ft. you have dance floors, entertainment, and the city has provided for
this in the Charter, that we can apply for nightclub licenses, providing they are
in the right zone.
Mr. Ferencik ran up a good point when he said Mr. Sokolsky was in the wrong
zone, I am in the wrong zone. Say you spend a half million to build a place. Y0u
are not going to get a ily-by-nighter that puts up a resaturant with 200 seats,
4,000 sq. ft, a dance floor, entertainment till 3 in the morning. Do you think
you will have a fly-by-nighter to do this sort of thing?
Mayor Ferre: No, no, ----a fly-by-night, no --
Mr. Trainor: I think you are looking at a substantial investment. And, if
the city, in their thinking pass it to the committee, this is what the City of
Miami is striving to do, is get in a position where we can compete for conventiont.
We got our convention center coming down. You have going to have conventioneers
111 town, and at 1 o'clock, -----
Mayor Ferre: That is your opinon and my opinion. I don't know if it is the
opinion of the majority of this commission. Mr. Maurice Alpert, president of 0inni
came to talk to me the other day, he said I want to tell you something, if you
want to compete with Atlanta, you want to compete with Chicago, you want to compet,!
with New York, you are going to have to have these restaurants and nightclubs oper
till 4 in the morning. I told him I didn't think this commission was ready to go
to 4 in the morning, but I thought we could go to 3. That happens to be my personi
opinion, but he said you are putting the City of Miami at disadvantage. My answer
to him, was let me tell you something. If somebody in teh convention industry goer
to Atlanta, which is a southern town, and has all kinds of traditions which are
a lot stricter than Miami, and they go to Atlanta for a convention and they chaos(
Atlanta because the bars are open till 4, and they turn down Miami bars are closet
at 3, I don't believe it. I don't believe it. 1 don't. believe anybody is going to
make a decision as to whether or not they are to a convention, now, if you
are telling me that barclose at midnight in Miami, and open till 4 in New York
and Chicago, Dallas, Houston, okay, I would agree with that. Don't tell me
that one hour is going to make that much difference.
Mr. Trainor: O'rs hour Is not any dliference, hut. I don't think that you
provided the committee with that kind 01 input until just now,
Mayor Ferre : lfow many I IM4•1., Atchouo haH said it, Gibson said , ------
Mr. Trainor 1 linvett'l hyoid II 1 anci the committee is meeting,
MOW Ferre; Do you wool to ln'a u •eth about Miami becoming an internat4-01
Mr. Trainor: 1 don't want to hear 4 specch, 1 want to be intermitional, 1 w;11
this whole town to be international, but 1 am afraid the head it going to raise it
agar on these private clubs, think they are going to miss the boat her', iwcate •
,(0
OC1
•
think We have as big an itivesimefit as any private diub, de they should be
ifl the pot with is also.
Rev. Gibson: What you ate overlooking, is when the clergymen were here, we
Said that anybody who has any input, --and Mr. Harrison said that, --anybody who has
any input, and we would hope that if you know that committee is going to meet, that
you would say to them, look, you are dealing with the tourist industry, and we have
to have this kind of thing. All of this can't be settled tere. You go tell them just
what you are telling us, and I would hope the committee wruldn't deny anybody an
opportunity to be heard.
Mr. Trainor: I think it has to be settled here. This is where the buck stops, here.
Rev. Gibson: I thought that rather than us telling t3-.em what you are saying,
that you would have the opportunity to go and tell them wlat you are saying, al.d;
if you are not heard, the buck stops here. We would want &verybody heard, and we
would want an hour, a reasonable hour, so we could stay it the ballgame.
Mayor Ferre: It is now ten after seven ----anybody else?? General Marino.
Mr. Marina: My name is ., Marina, I am coming in behalf
of the Inter American Chamber of Commerce. I am going to talk about the package
stores. In our Chamber of Commerce we have members, not only from Miami but all
around the county. As you can see, the package stores are not open on Sunday. But
if you go around to the City of Miami Beach, West Miami, South Miami, even Hialeah,
package stores are open on Sundays. I think it is more than fair to ask that tre
package stores in Miami be open on Sunday after 1 P.M. until 10 P. M. at night.
I go along with the churches, in the morning not to be open. But I do not see
a reason why the people from Miami have to go to a package store, to take thins
home, --they have to go to Hialeah, Key Biscayne, South Miami, and not to the C_ry
of Miami. I think I am asking on behalf of the INter American Chamber of Comma. ce;
something that really needs your consideration.
Rev. Gibson: Are you telling me that Hialeah, S. Miami, open their packa
stores on Sundays?
Mr. Marina: 0n Sundays,
Rev. Gibson: I have been a great advocate of not letting those fellows do it
to us.I would hope sir, you would do the same thing, go to that committee and 'ring`
that to the attention of the committee so that when the committee comes back here,
the committee would know what is the uniform hours, or reasonable hour that till
other municipalities have package stores open on Sundays.
Mr. Reboso: According to the Charter it is not that way.
Mr. Marina: I am not talking about the county, I am talking about municiptlitie:.
REv. Gibson: What I am saying, if you address the committee, and say to tie
committee that these municipalities have package stores, open on Sunday beginning
at, what was that?
Mr. Marina: --all day.
Rev. Gibson: I thought you said noon to 10.
Mr. Marina:The package stores in Miami are open from 7 o'clock in the morning,
every day till 8 P.M. I think it would be better from 8 o'clock in the morning
until 10 P.M. during the week. Then on Sunday, now is closed all day, to be open
from 1 P.M. to 10 P.M.
REv. Gibson: You go to the c,,:^.mittee and express that to them.
Mr, Marina: I will be more than glad to do sir,
V. Gibson: When they come back to make the report, by 4.
M. Marina: Thank you very much.
1 means you be h r'
Mr, Plummer: May I make an observaton Mr, Paillips for the committee? I hope
the committee does not fall into a trap, and that trap being that possibly the catee,,rit
it which the notion of this commission passed, for uniformity, does not extend
beyond the hours that presently exist for beer and wine and other bars, so that
we once again are faced with the facts that we are discriminating against the bats
in favor of the hotels. That is the hue and cry I have sat here in 7 years and
listened to. What I am saying is, if you in fact go with uniformity, is, the
majority opinion ofthis commission, and keep everything open till 3 o'clock
then you are going to put us back in the same trap that has been working conversely
--that is, beer and wine and the lounges want to stay open till 3 where now they
can only stay open till one. Do you understand what I am saying? Okay. I don't
want to hear that something like this passes and 6 months down the road, we hear
the beer and wine, and we hear the liquor lounges come in and say, hey, we can
only stay open till 1 o'clock. That is discriminatory, the hotels and all the rest
can stay open till 3---we should be able to do the same. I hope you don't let us,
the commission, fall into that trap.
(inaudible)
Mr. Plummer: I am talking about alcoholic beverages, whether it be beet,
wine or booze.
Rev. Gibson: We are nearer today than we were yesterday.
Mr. Plummer: Nearer to what?
Rev. Gibson: At least we have agreed we ought to have uniform hours. I like
that. Then we are going to deal with that package store business.
Mr. Plummer: Father, just to make the record clear, the same package store that
I brought to the attention of this commission 6 months ago, who is flagrantly
violating the law by allowing drinking on premises, when I drove by it this week,
it is still allowing the same violation to exist. You know what that tells me, that
if you are going to expand it, your violations are just going to get worse, and
nobody is going to be able to enforce these laws. As far as I am concerned, I think
it has to work the other way. I am saying to you, that same package store now, to the
best of my knowledge, for over a year, has been violating the law, nobody is doing
anything about it. (I told you which one it was.)
Unidentified person; How about Kojak?
Mr. Plummer: Kojak does not address itself to drunks. I only go for the bigger
and better stuff.
Mayor Ferre: Is there anything else on this? We will move along now.
(inaudible remarks)
Mayor Ferre: The chairman is not here, but Mr. Phillips I would hope this
could be done fairly soon so we can get this thing over with one way or the other.
Thank you.
24. MbT�JEEELATER t'IRSTLIMINAIING �PE,4DING LOYEE �INANCEI, IN NIGHT CLUBS -
Mayor Ferre: Item 18,--amending the requirements for individuals employed
in nightclubs, to renew identification cards on an annual basis, to be extended
to a three-year renewal period. Do you want to speak to that?
Mr. Barry Kuten: I am Barry Kuten, Attorney, 2000 S. Dixie Highway, Miaii,Florida,-
Mayor Ferre: Barry are you speaking for or against this?
Mr. Kuten: Let me tell you exactly what the situation is. This ordinance came
at my insistence, on behalf of my clients, the Florida Restaurant Association. This
recommendation was not what we asked for. This recommendation is a recommendation
that resulted somehow by the City of Miami after they reviewed our request. That
is their recommendation. I am not here to advocate this. I ask what we originally
asked for,
Mr, Plummer; What fault do you find with 4.0
Mr, Kuten: Can I make an explanation?
Mr, Plummer; Sure,
OCT 14 19,
3r► ktan; bank ihiut e, that is how long this has teen goitlg oh& tt is
Plot a tong time relation to a lot of other things,, bark in jute t called Cotnttissiot 2r
Plummer, and told him I represented the Florida Restaurant Association and a number
of the members of the Florida Restaurant Association ate nightclub licensees. Pursuant
to your ordinance, which is section 3- 48 and 3-49, then is an identification
card requirement for nightclub licensee employees. All the list you saw here tonigit
of all those other clubs, hotels, restaurants, all serving liquor, none of them
are required to have their employees have an identification cars. None of them.
As a matter of fact I don't know of any other industry or any other entity within
the City of Miami that it is required. Maybe taxicabs, Commissioner Plummer pointer
out. But there is none of them dealing with liquor, for some reason, this is in th
law. It might have resulted from 30 or 40 years ago that there was a requirement
for these I.D. cards. Now, this is a very serious matter with the owners of nightclubs
because they can lose their license if an employee does not have a card. It is not
something taken lightly. The question is, what purpose is served by only nightclubs
being singled out to have their employees have identification cards within 24 hours.
The significance of this was brought to light by the fact that if a nightclub which
serves food, they must serve food, they must have entertainment, these are not
strictly just bars, if they lose a cook, if they lose any kind of employee who
is working in the establishment on a Friday afternoon, they cannot replace that
employee until that employee has gone down to the City of Miami police and received
a card.
Mr. Plummer: What do you want to do? Do you want to try to eliminate it
completely?
Mr. Kuten: Commissioner Plummer, yes. As a matter of fact, --there was a
recommendation done by the City of Miami police after they have studied it
pursuant to your request that they look into it, and it says basic regulatory
purposes are served by employee quarterly reports and employees initial registratitn.
I defy the City of Miami police to tell me what regulatory purposes are served.
It is the only entity serving liquor that m...st do that. The only difference is
they stry open two hours later.
Mr. Plummer: Mr. Weston, you heard what he said. Why are you penalizing
the nightclubs and requiring an I.D. card? All other places serve liquor don't
require it. Why are we penalizing that industry?
Mr. Weston: I am sorry, I have no knowledge of that. I don't prepare
the reasons for these things.
Mr. Plummer: I make a motion at this time, that the ordinance which
speaks to the I.D. cards for the nightclubs be dropped, making it uniform with
all the rest of the industry which serves liquor.
Mayor Ferre; That sounds fair to me. Do you want to speak? Come on.
I thought you had some guests over there.
Mr. Sokolsky:I would like to tell this commission something that
might be enlightening. Even though it is not required by law, we require everybody
who works in our establishment to have a police card. It is worthless, because under
the act of '67. If a man has been convicted for burglary, larceny or breaking or
entering, and has served his time, the police department cannot, and must not
with violating his civil rights disclose that. We had a rash at the hotel of
burglaries.We have Miami policemen working in our hotel now. We pay 8.50 an hour
to the City
Mr, Plummer: Are you speaking for or against this?
Sr. Sokolsky: I am speaking .'or eliminating the card an
why to you.
Mayor Ferre; Did you make your motion, Plummer?
Mr, Sokolsky; • Nobody seconded it,
Mr, Plummer; Father Gibson seconded it,
Mayor Ferre; Hey, Sokolsky, why don't you go take care of your guest,
130
0VT
i
rel Gall the roil,
Clerk called the roll With a unanit dUs vote
Mr. Plummer: That is first reading:
Mayor Ferre: Mr. Kuten, we want to thank you for you diligetee
sense, as usual,
Mr. Kuten: It was most enjoyable sitting through the afternoon.
Mrs, Gordon: Did you. read that ordinance.
Mr. Plummer: There is no ordinance. They have to draft one,
the same ordinance presented.
Mr. Kuten: I don't have to stay here for the ordinance?
Mrs. Gordon: No, we don't have the ordiance. This is a motion.
Mt. Plummer: The ordinance will be this afternoon later on.
Mr. Kuten: Would you recommend I stay until that ordinance?
Mayor Ferre: Anything else on item 18. Would you read the ordinance?
Mr. Plummer: You can't read it, Maurice, they have to draft a new one
because the ordinance as presented doesn't speak to what he says.
Mayor Ferre: Anybody want to speak to the ordinance as amended? If•
not we will go to item 19.
Mr. Grassie: Do you want to take item 13 Mr. Mayor?
Mayor Ferre: No, not until the end of the meeting.
Mr. Plummer: That is what I understood.
Mr. Grassie: It is their preference. Of course, it is up to you, but it'
is their preference, if it is not an inconvenience for you, it would be their.
preference if you do it now.
It doesfi r
25. APPOINT GEURGE F. KIOWX AS CITY ATTORNEY - CONFIRMING RESOLUTION,
Mr. Ongie: Mr. Mayor you have a resolution to pass first, on item 13
Mayor Ferre: Plummer moves, Gibson seconds, that Item 13, be approved
by this City of Miami Commission, and that George F. Knox be appointed City
Attorney.
Mr. Plummer: And you have to insert the salary in that Mr. Mayor, which
I think was negotiated by the Manager at $42,000.
Mayor Ferre: I take that back because the original motion was made by
Commissioner Reboso, and seconded by Father Gibson. That is the way it really
happened.
Mr. Plummer: There is no salary included, Mr. Mayor.
Mrs. Gordon: There is a space for an insertion, in that resolution,
Mr. Plummer: Was it voted upon?
Mrs, Gordon: No, because we haven't received the amounts.
Mr, Plummer: As I recall, Mr, Grassie negotiated $42,000, Is that corre t?
Mr. Grassie: I believe the City Commission agreed to all the terms, and
left pending for future discussion the question of pension benefits,
Mayor Ferre; That is the only thing pending,
131.
akto
OCT .419
•
tee
1
ummtrt so it is $42,M O/
Grassie: The amount was $42,00O.
Mayor Ferrer As expressed, on the record, is thete iiitther disoussidf
n the motion made by Commissioner Reboso, seconded by Commissioner Gibsotl?
If not, call the roll.
The following resolution was introduced by Commissioner Reboso, who
flo\ted its adoption:
RESOLUTION NO. 76-899
A RESOLUTION ELECTING AND APPOINTING GEORGE F. KNOW, JR., AS
CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE OCTOBER 14:
1976, TO SERVE THE UNEXPIRED TERM OF JOHN S. LLOYD, 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 -
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:Congratulations to you Mr. Knox. We are honored.
Mr. George Knox: I appreciate it. I understand that I begin my office at
a very interesting time. As a matter of procedure, and in order to insure continuity,
in the event I am compelled to skip town this evening, as my first official act
I would designate Jose Alverez as deputy City Attorney to serve in my absence.
The mission of the City Attorney's office is relatively simple. We will be
committed to gaining the confidence of the commission, gaining the respect of the
community, gain the professional respect of the judiciary and other members of the
bar, and instilling a kind of professional fear into our adversarys in litigation.
It will be our position that we will render competent advice to the commission,
and if the commission acts upon our advice, then we will vigorously defend the
actions taken by the commission. We will not waste the time of the courts nor
the money of the taxpayers in frivolous lawsuits. And when we enter court, we
do mean business and before we go to court we will have insured that all reasonable
method of resolvement conflicts have been explored. And with that as I pointed
out earlier, it is necessary for us to prepare to meet some adversaries tomorrow.
Would you please excuse me?
Mayor Ferre:Mr. Knox before you do leave, I would like to give the opportunit
to all the members of this commission to express for the record, so it will be
part of the record, an opinion and I will start off as Mayor by welcoming you back
to theCity of Miami where you did begin you public career and to welcome you back
as City Attorney. The burden of responsibility you now assume is much more than
just assuming a task of the office you have now taken. You havn'e been sworn in
by the way. You have to be sworn in don't you? I am not an attorney but I would
like to remind you of that.
I think the implication of what I am saying is, that you have a responsibilit
not only to your profession, and your oath of office, your professional oath, you taxa
a responsibility in many directions. You have a responsibility to young people
because you come on the scene as a man in your early 30's and if by any chance you
stumble, you will affect those that would come behind you to assume similar roles
of responsibility and others can say, look at George Knox. You also assume the
same responsibility for the black community of America an& certainly for the
black community in Miami because you wil: be Iconcd upon is what you are and you
are therefore as Father Gibson probably understands Letter than r::osr: people, a
symbo1 and a representative not only of ::our legal profesion, not only of youth
but of black people throughout the country who are now aspiring and assuming their
responsibility that you now have attaineu, throu6h your diligence, efforts, aailit
and I hope the wisdom of this commission in selecting you.
There is more. Because not only do you represent the black community, you
OCT
1 '
1
irttptagent all tinerities because it effedt, if you gtudib1g4 and if you dd
t:do the task, you are not only affecting the future Of yetir black brOthett
and Sisters that want to come up and attain what you have attained, but you will
also be affecting the probabilities of Cubare-Atericatis, Mexican -Americans and Many
Of the other so-called unmeltable ethnics which is a loose terminology for about
50 million Americans, who fit into that category. Your responsibility therefore is
Multiple and many -fold. When we voted I expressed my belief that you had the personal
integrity, the stamina the intelligence and the professional ability. And just as
important as all of those things, the spirit and the human dignity which comes with
such a high responsibility. I know you will do your task well. I know you will dO
Credit to all of your representations and speaking for myself and I am sure for
all of us here, I wish you Godspeed and all the luck in the world.
Mr. Knox:Thank you very much.
Mayor Ferre: Vice -Mayor Gordon?
Vice -Mayor Gordon: You made such a beautiful speech, I wantLo say amen
to it. I do want to welcome you on -board and want to wish you a lot of good
luck. I do want to wish you a lot of good health, I want you to stay on the
Scene, and I know you can do the job. We were in a very unique position some
tine ago when your name, among 4 other people were presented to us, because
We received 5 very qualified people. I commend that committee that had the
foresight to select the variety of people that they did and to give us that
choice. The fact you were not my first choice does not take away from my con-
fidence in your ability to do a good job and I know you will. I will be proud
of the job you are going to do. I hope to get to know you better, so that a
year from today we can talk on a first -names basis and truly understand each
other. I do wish you all the luck in the world.
Mr. Plummer: To you George, I expressed my feelings to you when you and
I had our private interview. I think the Mayor has covered all the aspects which
are very important. Most important to me, you represent me, and in representing
me you represent this city and I had no hesitation, which, I was the one, yes,
as Rose, voted for someone else, but who made the vote unanimous, and I have no
resitation or reservation that you will do this community proud, thusly doing
me and this commission proud. I think what you should do, not appoint Joe Alvarez
as your first appointment. What you should do first is to introduce your wife
so when you go home you have a happy home. Then Mr. Alvarez is second. I think
you ought to indroduce your wife to this gathering.
Mrs. Gordon: When you are married as long as J.L. you know.
Mr. Knox: I don't know who you have identified as my wife, Mr. Plummer.:'
She had better be in Fayetteville, Arkansas.
Mr. Plummer: I am not about to touch that line.
Mayor Ferre: Mr. Plummer, in the future leave the preaching toour
Praacher-cammissioner.
Mr. Plummer: Just remember I bury the preacher's mistakes. In
Mr. Reboso: I just want to say the same thing I said a few weeks ago, when
we selected George Knox for the position of City Attorney. At that time I said,
we were making history. Since this City was incorporated in 1896,--that is 80 years
Agn, we never have had a member of the minority groups as a director of any department
in the City of Miami. So I feel very proud to be a member of this City Commission
that appointed George Knox, and I am sure he is going to do a good job.
Good luck.
Mr, Knox; Thank you.
Rev, Gibson: Mr. Mayor and members of the Commission, mY good friend and
brother, 1 want to publicly tell him a story I told him private so yOu
will remember what I expect of you.
The story was told that, a man had gore to the to a building. Having climbed
at the top of the building, be suddenly realized that he went op there by himself,
Ali of a sudden he ran back down the ladder and got cil0 01 the persons in the crowd
and that was a great mob of people on the ground looking at LliVne two people go
up on the top. After he had been up there a while, the mob became disenchanted
taa
OLT 1S/L,
With the head tat, mid decided that he Was an SOB4 attd what they ought to
teally do is to pull that ladder froth the building so when he got ready to tote
dowt, he would not have the ladder, but instead he would have to fall and break
his neck.
As they were about to pull the ladder down, somebody in the crowd said,
oh, no don't move the ladder. The crowd said 'why', he said because while you
don't like the S.O.B. up on the roof that you are clamoring for, I have a friend
up, Leave the ladder to the side of the house so at least my friend can come
down safe.
The point of that story is, George, you had better make sure you take a
lot of people up the ladder with you, as you go up on top of the roof, and
don't think you can go up there by yourself, and that only you, George, really
tatter. That is No. 1.
No. 2, the story is told that a very young country had an awful ot elderly
people, not quite so many young people. The young people were sick and tired
of those old people. They went to the King and said, 'o, king, we want you to
permit us to put all these people to death.' The king said, you mean to tell me
you want me to permit you to put all these old people to death? He said, yes.
He said a lot of them are your kin. He said yes, we understand that. One young
man in the crowd decided that just could not put his father to death. So he hid
his father away in a cave. Each day at a certain time he went to the mouth of the
cave and let down food to his father in a bucket, a rope letting it down. He had
done that for several days, and all of a sudden the king got smart and wise, and
the king said, I have an assignment for you young people. What I would like to do
is have you go to a nearby island. Get for me an object, and bring it back, and
as you go for that object, remember, don't go by land, don't go by sea. They did
not have airplanes in those days. They said, we can't go by land, or by sea?
He said that is correct. The king then decided he would give a prescribed time
and after that time, if the object was not brought, that he would then issue the
decree to put all the young people to death. Time came on, they had not got the
object, so this young said to his father, this particular day, he said 'daddy,
I am ashamed to tell you, I won't be able to bring you any more food after today.'
His father said why, I thought you loved me. You mean to tell me you are not going
to bring anything to eat? How will I live? I will die. His father said, why, what
happened? He said the king issued a decree that I must go to the next island and
get this object and bring it back, --any of us, ---all the young people. Don't
go by land, or sea. The father said, son, that is easy. The son said how do you
mean? The father said I will tell you what to do. If you will go back the next
day, when the king comes out, you say to the King, "0, King live forever." You
say to the King, you want that object, you go get the object. Don't you go by land,
and don't go by sea. When the young man gave that statement to the King, the King
said to the young man, '0, not all those old people are dead.' The point I want to
make my brother, to you is, don't you play all these old people cheap and don't
you think for a moment you aren't going to need them. Don't you think for a moment
you can do without them. Don't you think for a moment that with your youth you got
all the sense, and that you don't need the wisdom of some of these older people. .
The point of the story is, the life you save may be your very own.
Mayor Ferre: You know, I will tell you. I have served with this commission
now for 3 years and no matter what the future holds, Iwant to tell you that I
am really proud of this commission. It is not only a compassionate conmission,
--I think we are pretty smart, and I am not talking about myself, ----I am talking
about all of us. There is a lot of savy and wisdom, and a lot of different view
points that are represented 1.)y all walks of life, different ethnic,racial,religious
backgro!Inds. I put this commission up against any. I know we don't always please
everybody, and we don't always agree. I think it is a pretty good commission.
George, you are going to be working with a pretty savy(and I am not talking about
myself) --the rest of the people that serve in the city, and I include the employees,
and employee groups, the Unions, and the Manager, and different people here. I think
you are coming on to a good team, and we welcome you here.
Mr. Knox: Thank you.
Mayor Ferre: Now, why don't you raise your hand and get sworn in.
Thereupon the City Clerk administered the oath of office to Mr.
Mayor Ferre: To make it legal, you have go sign it George,
Mrs, Gordon: Mr Mayor would you introduce Mr. Alverez?
FL„
$7,
cc -1 1 4 1SIL
4
1
Verret I think it §hould be dthid by Mr. Knox,
Mt6 Knox: I would like to ihttodute the Deputy City AttOtheyi Mt, Jose
hitt, AlVatez.
Mr. Alvarez: When the City Attorney referred to hitself, and yesterday
at the Convention. It was a credit to the City. The City Attotney
Said we were like the human body. I was the body and he was the brain.
Thank you, and we will not let you down.
Mrs. Gordon: We wish you good luck.
125
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it 110,
26. AtCEPT COMPLETED WORK CONSTRUCTION OF NEW POLICE HEADQUARTERS BU I LLI NG t
The following resolution teas itttfoduted by 'CoMMissio
hoed its adoption:
RESOLUTION NO 76900
A RESOLUTION ACCEPTING THE COMPLETED WORK OF A.D.H., INC. FOR
THE CONSTRUCTION OF MIAMI MODERN POLICE HEADQUARTERS - 1974 AT
A TOTAL COST OF $5,472,991; AUTHORIZING AN ADDITIONAL INCREASE
IN THE COST OF THE CONTRACT IN THE NET AMOUNT OF $2,391;
AUTHORIZING AN EXTENSION Or 44 DAYS OViRRUN Oi THE CONTRACT
TIME; AND AUTHORIZING, AFTER ALL ADJUSTMENTS, A FINAL PAYMENT
OF $325,444.50 TO A.D.H., INC.
(Here follows body of resolution, omitted here and
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso,
passed and adopted by the following vote:
AYES: Commissioner Manulo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre
27DISCUSSION OF AWARD OF BID
FOR AIR CONDITIQNING
MAINTENANCE AT IAMI
MODERN POLICE DEPARTMENT
Mr. Plummer: I move 20...
MOTION 10 AWARD TO BARED-COBO
(SEE LATER RESOLUTION No. 76-933)
Mayor Ferre: Wait a minute. Is there anybody here representing, there is ..n
where there has been Attorneys that have been sitting here all day, item 31.
Let's take up item 31 so we can save some Attorney's fees for somebody. Wh< is
here on 31? Are you here on 31? Is there anybody else here on item 31? Cime
on and step forward. This is a bid for Carrier MSB for furnishing air condtion-
ing maintenance at the modern Miami Police Department for one year commencir4
October 1st at a total cost of $16,442. As you may recall from the memo thz.c you
received, there was another firm that was off by a couple of hundred or $30( as
I recall and I guess that's what this is all about so first of all, I will Lear
from the Manager so that he can explain his recommendation and then we will near
from the recommended firm and then we will hear from the rejected firm.
Mr. Grassie: Mr. Mayor, if I could, I have found just in the last half hour that
during the day the staff has done some additional investigation of this quer-tion
and I really am not sure that our recommendation is exactly what you have in front
of you. If you would like for us to speak before the members who are interested
in this speak, then I would ask that Mr. Cox give the background of the invLsti-
gation that they've been into during the day.
Mayor Ferre: Alright, Mr. Cox.
Mr. Ed Cox: Mr. Mayor, members of the Commission, my name is Eddie Cox, Director
of the Department of Public Properties. We requested of the purchasing agent to
go out for bids for air conditioning maintenance of the MMPD, the new Police
Department facility. Those bids were received and tabulated by my department
and we recommended the low bidder. This was submitted to the purchasing agent
for review and then iorwarded to Mr. Grassie. There was, at that time, no question
in our mind on who was the low bidder although there were only two bids received
out of 15 potential vendors that were sent for specifications. There was a
difference of approximately $200 between the low bid and the next low bid, W
did have, in receiving the bids, one item from the second bddw: that was not
received and that was in the area of cony. incy wniCh was I._C Uireo ill tho pitspo.cip'
fication that they submit to us a compitency report ,41it.h iistod puiluinL;s .of
similar size that they had air conditioning contracts lor, .d 11,.st of qualified,
certified mechanics, Since they were not the: low bidder, wo did not require t;he
t� submit this to us but let me just add co that., had they been the low bid,.or,
OCTI4i/o
d_oh t belietre in my mind anyway, this would have been justification to totally
iifdiiate them or reject their bid because of it, I would have requested this
1 fotuiation through the law department and ask that we could ask if we could ask
theta to submit this information. I merely bring this to your attention because
it was an exception to the specification. 0ne item that has come up as a result
Of the conversations I've had is the item of 2% credit for early payment. Now in
the letter to the City Manager from the Finance Department, that 2% reduction was
not considered. I can only assume that the reason that it was not considered is
because the bid states within 10 days. I interpret that 10 days to mean the 10
days from the stated or dated receipt of the invoice and I don't believe that
the City can comply with payment within a 10 day period or 10 day...
Mayor Ferre: Who had the 10 day period requested?
Mr. Cox: In the bid of Bared and Cobo, they indicated a 2% cash allowance for
early payment and they specified 10 days. Now 1. did not consider that because
that is something that the Finance Department would normally consider, I'm not
aware of the dates that they make payments and so forth so I could only assume
that since they didn't consider it in their memorandum to the Manager that they
felt the City could not comply or could not pay within a 10 day period and I
Would also assume that this would be from the date that appeared on the invoice.
Mayor Ferre: What's your point, Eddie?
Mr. Cox: Well, I think the point is that Mr. Bared. of Bared-Cobo Co. are indi-
cating that if the 2% were considered as a cash allowance from their bid that
this would make them low. It's such a nebulous difference between the low bidder
and the next bidder, $200.
Mayor Ferre: And what's your opinion?
Mr. Cox: I will say that at this time I have no reason to disqualify the low
bidder. That in my discussions with the purchasing agent and the law department,
that I can see no justification that the award should not be made to the low
bidder.
Mayor Ferre: Well then let me ask you this question. We do have a consideration
here and this
would imagine they qualify for minority firms since they're Cubans.
has been expressed on several occasions about minority firms.
Mr. Cox: Yes sir, I believe they do.
Mayor Ferre: Now what exactly is the policy of the City of Miami on such things?
Mr. Cox: Mr. Mayor, I'm not aware of any unusual consideration that I would con-
sider giving to any contractor...
I
Mayor Ferre: Haven't we done it in the past. For example, I would point out to
you a contract in the Orange Bowl and one for street improvements next to the
Omni project. Didn't we kind of go out of our way to get minority contractors?
And I'll give you a third one which was unfortunately, as it turned out, in the
Bicentennial Park. Those are three that I can remember so here is my question.
In view of the fact that you have just stated that with a 2% discount there isn't
a tinkers damn worth of difference, really...
Mr. Cox: Well I would say that there is very minimal difference without the 2%,
there's less than $200 on a $17,000 contract, that's not the question. It would
be if the 2% made Bared and Cobo the low contractor, then it would be based upon
the interpretation of the 2Z in 10 days and I would have to ask the legal depart-
ment to give me that interpretation.
Mayor Ferre: Would you do so, Mr. Weston, at this point?
Mr. Weston: The low bid should be determined upon the net price to the City.
Now you raised the question of whether 2% in 10 days would be of any affect to
the City, that's a factual matter that I cannot control but if you're saying that
you have determined that the Finance Department can take advantage of that amount,
then the amount to be considered would be the payment with the 2% reduction,
Mr. Cox; I think what I'm asking, Mr, Weston, is that, in my discussions with
3afed and Cobo, they have indicated that the 10 days was in fact not intended
.to be 10 days from the date of the invoice but that it was 10 days the next month.
OCT 141976
Of Ferret Well that's standard operating procedure in any firm, it the i0th
f tile' month.
Mt; Plummet: Yes but you try to get money out of the Citv of Miami in 10 days:
Mayor Ferre: Okay, let's hear first of all from the low bidder as proposed acid
the we'll heat from the rejected bidder.
Mt, Joe Ingram: Mr. Mayor, members of the Commission; I'm Joe Ingram, branch
:setvice manager Carrier MSD in Miami branch. As the low bidder or supposed low
bidder to this point, I really have nothing to say at this time. I would like
to turn the mike over to my worthy competitor here and then if he has some things
to say then I might like to come back at that time.
Mayor Ferre: I will recognize you for any rebuttle that you might want. Alright,
sir?
.Mr. Howard Freeden: Members of the Commission, thank you for calling upon u.;.
I'm Howard Freeden and Joe Bared is here with me of Bared and Cobo Companies.
Mayor Ferre: Mr. Freeden, before you go any further, for the record, is Mr.
any relation to Frank Cobo on the City of Miami, on the Mayor's Staff? •
Mr, Joe Bared: No, Mr. Mayor, no relationship.
Mayor Ferre: There is no relationship directly or indirectly, third or fount
cousins...
Mr. Bared: No.
Mayor Ferre: Okay, I just wanted to get that clear for the record.
Cobo
Mr. Freeden: Your Honor, the Bared and Cobo Companies are a minority company
and they have received recommendation of the minority contractors association
in this particular incidence. The problem that we have with the bids are that
it's not exactly a question of just a $200 difference. The Bared and Cobo
proposal, as a letter to you indicated, I think a letter went to each of the
Commissioners, is essentially $2,604.54 less than the bid of the Carrier Company.
Mayor Ferre: Tell me again.
Mr. Freeden: The Carrier Company bid is $2,604.54 more than our bid and the
reason for that is...
Mayor Ferre: That's not what Mr. Cox said.
Mr. Freeden: There is a variance in the bidding process. The Carrier Company
has taken, this is not withstanding the discount, the Carrier Company has taken
credit in their bid for a period of the unexpired warranty on the Police station
equipment. That warranty information was available to Carrier and not to us and
the specific information as to the warranty has been related to the Commission
and the same warranty is available to the City of Miami that Carrier would make
available. We were not given the information in the bid specifications as to
the existence of a warranty and if you compare the two, Bared and Cobo Companies
are almost $3,000 cheaper on a $16,000 contract.
Mayor Ferre: Alright, I think we need an explanation from the Administration on
that. Mr. Grassie, through you to Mr. Cox.
Mr, Grassie: Well I will start and they will have to back me up in terms of the
-details, Mr. Mayor. As I understand the problem, the Carrier Company has taken
credit for the warranty which still runs on the equipment. This was going to be
-determining insofar as our evaluation of the bids was concerned but I understand
that the reason you have the recommedation in front of you that you have is that
-the Attorney's Office found that one of, item 10, I believe, on the bid specifi-
.cations stated something to the effe't that the bidder was responsible for rindine
.out about warranties. Now that may appear to be a technicality, and it is, but
that really is the basis for the recommendation that is in front of you. Now
there is one more, if I can,,,
Mayor Ferre: Now let me repeat it so I can understand it, What you're telling
me is that in the writing in the contractors statemunc that the bidders are re-
sponsible for finding out about warranties that they have nothing to do with for
previous things?
OCT 141976
% •
:Cra siet 'Mafia correct, Mr. Mayor, that':; the way the hill document reads,
yar Ferre: Wait a minute', .let me understand this right, Are you telling be
that you put into .i bid document that a bidder has got to find out about a
ttt tfiranty for something that has nothing to do with the job that's cotrting but With
sdtiiething that's in the pat?
Mt. Grassie: No, keep in mind that we're talking about a maintenance contract
and obviously they're.' maintaining equipment and what they have responsibility
to do is to find out. about the warranties that exist on the equipment that they4te'•
supposed to maintain.
:,Mayor Ferree: The equipment is Carrier equipment,
Grassie: That's correct..
Mayor Ferrc: Now I understand. What you're staying is that they
eompetetor, Carrier, and find out about the warranty?
Mr. Grassie: Or ask the City, one of the two.
t.tr. Plummer: Let me ask a question. Isn't this credit for unu
tb have to be given to anyone who gets the contract?
Mr. Grassie: Well that's the contention of the other bidder.
Mr. Plummer: No, forget about the other bidder, Mr. Grassie. Regardless'
whether Carrier, Bared and Cobo or XYZ, whoever gets this contract that wa
unused warranty of 2506 is still got to be maintained by Carrier. Is that Garrett?
Mr. Grassie: That's my impression.
Mr. Cox: That's correct.
�Mr. Plummer: You know, Mr. Mayor, I've got to take a second of:your time;
:been trying to tell this Commission for some time and I bring it'very vivid
hack to your attention...
Mayor Ferre: And also I told you some stories, J.L..
Mr. Plummer: You know, I remember so vividly when I tried to explain to sou tyat
it isn't the problem of bidding in this City, it's who writes the specks. rnen..
the man told me that we put out specks for motorcycles for the Police Depart-e.=t.
and he says I can't bid on them because I sell suki-aykai or what the hell was
•
that damn thing? Kawasaki. I said well why can't you bid and he sai:l they tool:
the damn specifications out of the back of the Harley book. Here we go at;air.
Mayor Ferre: Who wrote the specks?
Mr. Plummer: Carrier, obviously.
Mr. Cox: The specifications were generally written by my office. They. ar
forwarded to the, in this particular- ease we forward them to the Public +•.Arks'
:Department for review and l u►nmt-nt;: which they' matte .t ,couple of Thev
then were forwarded to the Purt llaink, Ar',rirt who thin t inali:t•.i :hem i:. :` .sal
•fashion. I will bay, Mr. M. yul' mid Iltt'1111N'rt. of ttlt' l,'Ittittt:.3tt't1, thAt :t'., :!�y r.1,-
usual to advertise 1 tlr a Illili nl tuatl= t• ,'out I act t't t tt t:i it,tt ut't' c't! .t tteli
without specifically 11st• wal t .slit It'n ac, they t'c't:St c' to ;;So
that iS fOL UWISUai i►la haillr npvillttion- ,tote' 1'ttt %tl'ot4 t'v ;;l:
.Mayo,' Ferre: How malty Ili'i•it.l;a Wciv r Ilrt v:
:Mir Co:x'There wrrc t.WO 1,111 lot Isi,tl.i.4u
he specifications tide .1cvt_1.,pta14 tit' 4l1.Ye
atii coni.'ttrn1n} ,.list wa 1 1 oill' 1 t=a .
Mayor Ft.:rrc
that qu&:bt 1 on, whe43 1 tic 14100tis i`
Cox; I4
0 al i•. 4. 400' ,opv..14. l ,
tfui. .Bids
OCT 141976
the warranty credit was spelled out in their bid very specifically,,
spelled out or even identified in the Bared and Cobo bid.
Mayor Ferre: Okay but what Plummer was asking is whether
out, it still exists, right?
Mr. Cox: Sir, I'm sorry, I didn't quite understand.
Mayor Ferre: As Plummer was trying to point out, as I unrerstood what he was
trying to say, is whether or not Bared and Cobo said the warranty exists or he
the warranty exists.
Mr. Cox: Yes sir, it does.
Mayor Ferre: Okay, so in other words,
gets this.
the warranty really sn't at stake whoever
Mr. Freeden: That's right. We are in a position to offer the City $2,600 without
the discount. With the discount we're almost $3,000 different.
Mayor Ferre: So then, J.L., isn't the question that the discount really has nothiig
to do with this. Is that right?
o Mr. Plummer: Sure it does.
Mr. Freeden: Well the discount just increases the thing. We are low...
Mayor Ferre: Excuse me, I don't mean the discount, I mean the warranty.
Mr. Plummer: The warranty has no bearing on it except the fact that one company
who knew the figures took advantage of it. The City, as Mr. Cox said, didn't
even know what the figure was. Am I correct? The time that the bids went out.
Mr. Cox: When they were developed, that is correct. If you recall, in the MMFD
building, the C. 0. was delayed, there was a partial C. 0. given to the City and
the exact date that the warranties would begin were in somewhat of limbo until
Mr. Grimm indicated by memorandum to the gen,ral contractor that we must know the
specific dates.
Mayor Ferre: Mr. Cox, so I can get right down to it and simplify it in my mind.
Excluding the warranty, what are the prices?
Mr. Cox: The warranty is not considered, Mr. Mayor, then the question of the
in 10 days would have to be interpreted. If that 2% in 10 days...
Mr. Freeden: No, they've already taken credit for $2,500 in warranties to get'`.
almost even with us.
Mayor Ferre: Well that's what I'm trying to get to. Now apples to apples, the
warranty is there, if Carrier takes the warranty and these people take the warranty,
both are the same, what's the price.
Mr. Cox: Alright, if the warranties could be negotiated at this point, which thee
could not, Mr. Mayor, this would be negotiating a formal bid after it's received
but if those warranties were that Mr. Bared now indicated that he will give us,
then what he says is absolutely true, they would be in the neighborhood of $ ,000
or $2,500, I don't know the exact figure, low.
Mayor Ferre: Mr. Grassie, does the warranty exist on the equipment?
Mr. Grassie: As far as I know, it does, Mr. Mayor, yes.
Mayor Ferre: Does the warranty exist on the equipment regardless
job?
Mr. Co:xYes,
Mayor Ferre; Then what the hell does the warranty have
Mr, Cox; Nothing whatsoever except that for some
Company elected to show the warranty 4$ a credit
eason :nknown to me, they
They showed a total bid Lild
OCT 14.197(
Mr.
Mr.
hey then showed a $358 per month credit until the warrrin:.y expires, The Bated
idCoittpany did not.. ,
Grassie: We did not have that information,
;fit: Cox: They did not indicate any ctedit for warranty, It could haue beefil,dfi
aince the bids were so close, I only have to assuthe that the dtedit Wag itt inet: tt
their bid,
Mayor Ferre: I'm confused, Does the warranty exist?
Mr, Cox: Yes sir.
Mayor Terre: Then what does it matter whether Bared & "Cabo puts it
,Or doesn't put it in their bid.
Mt. Grassie: Could I, attempting to answer that question...
Mr. Plummer: Let me ask one other question first, Joe,
Mr. Grassie: Before I answer that one?
Mr. Plummer: Oh, that one? No, go ahead.
Mr. Grassie: Plummer's bottom line is what counts. If we accept the Carrier bid
we have to pay $16,442. If we accept the Bared bid, we have to pay $16,677 puttin;
aside the question of this 2%. Now I think we are getting new information which
may be significant which is that they now are willing to give, now that they've
become aware of it, they are willing to give the City the credit for the $2,500
for the warranty but up to this point the bottom line has been $16,442 and $16,667.
Now if that bottom line is changing in the process, you have two items, I think,
that I have to bring to your attention, Mr. Mayor. One is that I don't think
you should exercise the perrogative of renegotiating bids on the floor. If you
want to get into that posture, I think we have to re -bid, just put it out for
bids again. In other words, reject them all and put them out to...
Mr. Plummer: Mr. Cox, I notice another it.m in here. It says "Vibrasion measurem.lnts
as specified". It is only indicated in the Carrier bid. Is this covered in the
Bared & Cobo?
Mr. Cox: Yes sir, it is.
Mr. Plummer: That's included in there? 16.6?
Mr. Cox: Yes sir. I might just like to add one thing. We were contacted by both
companies during the bidding process. The Bared & Cobo company contacted my
office regarding the vibration analysis. At the time they contacted my office,
prior to the bids being submitted, they were told that there were warranties
existing on the building and it would be up to them to determine these warranties
so they were aware that the warranties existed.
Mr. Freeden: They were actually directed to Carrier who did not give us the in-
formation.
Mr. Plummer: Did you inquire of Carrier?
Freeden: Yes, we did, yes.
Plummer: By writing?
Mr, Freeden: No, the difference is $2,500 differ:n'
Mr, Plummer: Did you inquire of Carrier in wricin
Freeden: No,
Plummer; Why?
Mr.
Mr.
Mr, Freeden: The City of Miami was not awar at the, P r i a1,r timphow much,
in fact, Carrier isn't sure, in their hid if ypu'li see at,o f how much of the
warranty is deft, it's only relating to the C. O. and you have to back into the
OCT 1419Th
figute He's made the computation of the $2,500 after giving a per month charge,
f obody, except today they now know what the number of months are, it's fused on
e occupancy or the utilization of tine equipment.
Plummer: Did Mr. Cox tell you to contact Carrier for the value of the Wdt
Mt, Freeden: No.
Mt, Plummer: He just said he did.
Mt. Cox: No, I didn't say that, Mr. Plummer. I said that they mete made aware
that warranties existed. I don't know that they would have had to get this
information from Carrier. The contractor, the general contractor or the sub-
contractor on the job could have possibly furnished them this information.
Certainly the sub -contractor could have.
Mr. Plummer: Did you go to that party?
Mr. Bared: The general contractor, I understand, and the company's been sold or
closed or absorbed and there is no information available from the general contractor.
Mr. Plummer: Well now the general contractor is sitting over
quite agree with you.
(INAUDIBLE)
Mr. Bared: Well this is the information that we understand.
(INAUDIBLE)
Mr. Bared: Yes, off the street. We didn't talk to you, we don't know what
happened to the general contractor. Now this information, remember, even if
comes through the general contractor, is provided by the manufacturer.
Mayor Ferre: Carrier Corporation.
Mr. Bared: The other bidder on this job. I think the question is here, we were
the low bidder, warranty has nothing to do with these, the 2%, as stated in the
proposal, the City is the one who asked for these figures to take advantage of
it means, in business terms, the following month. Now you know
what the contract price is, you can process all your checks tomorrow and mail it
in the time that you want to mail it. You can do whatever you want. The intent
of the 27. is for the following month. You have 40 days, 45 days to
come up with the check. You're losing this advantage by not taking it. I think
it's silly because you asked for it and now you're not going to take it. So we
were ...
there
and he doesn't
Mr. Plummer: The problem is that we can't get the City to move that quick.
That's the problem. The more computers we get, the slower we go.
Mr. Bared: Mr. Plummer, we went through alot of time and effort. We're a small
company, we're not a giant like Carrier Corporation, we're qualified, we've done
alot of work around the City and we went through alot of time and effort to pre-
pare this bid. We are the low bidders and now the recommendation of the staff
is to the contrary to the City...
Mr. Plummer: I'm not trying to negotiate. Do I understand you correctly to say
that if you had all of the information that you're bid would have been $2,506 less
than $16,677? Is that what I understand?
Mr. Bared: Yes, Mr. Plummer. When the City..,
Mr. Plummer: Don't say anymore, I don't want to negotiate it,
for an understanding and clarification.
'Mayor Ferre; Alright., now let's come to a eonclusi.Qn o
what do you recommend?
r
this thing, Mr, Gras tv
T141976
i.Gtasiet We have two ambiguities, Mr. Mayor. One is whether or net we give
iet credit for the $2,500 and the second is whether we give Bared & Cobo
sAlt for the 2%. Now you should be clear that if we give Bated & Cobo the credit
ot the 2%, they are the low bidder,
fir+ Freeden: Mr. Mayor and Commissioners, there's one last point that if you look
t the two bids, regardless of the 2% discount, regardless of the warranty credit
Which you've agreed applies to both bidders, the Carrier bid is $17,196 plus
$1,752 and the Bared & Cobo bid is $16,677. The additional vibration measurePent
bid of $1,752 from Carrier is noted as an exception to their bid. The Bared &
Cobo bid has no exceptions, it's fully responsive.
H yor Ferre: Alright, sir. Now does the gentleman from Carrier have anything
else to say quickly so we can bring this thing to a head.
Mr, Ingram: Yes sir, I certainly do. Number one, it was pointed out that they
are a minority contractor. Now that I can do absolutely nothing about but I can
do something about the other statements that they made. Number one, they're
talking about unexpired warranty. I would like to ask Mr. Bared how many Carrier
machines he has installed because he knows what Carrier's warranty policy is. He
also knows that he can get the unexpired warranty from us with a simple phone call.
I would also like to give to you a copy of our bid letter. When we sell a machine,
and on the back of it is stated our warranty policy and for them to say that it
doesn't apply to them, they know better than that because we've worked with them
before and they know that's not true. Secondly, they want to know, they're asking
me to tell them how much credit they should get for warranty. They say in the
same breath that they are experienced contractors, they've had experience doing
this work. If they have, then I cannot tell them how much the warranty portion
of this contract is going to be. They have to determine it the same way Carrier
has to determine it, by experience. This is not a figure, this is not a magic
figure that we reach up in the air and get. We get it based on our experience
on our jobs that we have under contract, the same way they have to. Also, the
same way they have to determine how much of this contract is labor, how much
represents material. They have to do it by experience. So for them to say that
they don't know what it is, I cannot go along with that, they have to determine
that themselves. As for the part about the exception Carrier took in the specks
regarding vibration, as a manufacturer of :his equipment, we do not recommend this.
This is an added expense and if it's done properly, it cannot be done at the same
price, put the vibration inspection in there, take the vibration inspection out,
there has to be an amount put in there for that. I would like to know how Mr.
Cobo and Mr. Bared plan to handle this vibration. In other words, are they going
to call in a certified expert and perform this vibration inspection as Carrier
is? Carrier does not do it. We do not have the people, we do not have the
equipment. We call in an outside contractor to come in that does this for a
living.
Mr. Plummer: What do your specks call for to validate a warranty?
Mr. Ingram: I beg your pardon?
Mr. Plummer: If your warranty is to be valid, what do they call for?
call for an outside expert to do this?
Ingram: No sir, it does not and that's the reason I say when we...
r. Plummer: They said that Bared & Cobo's bid did in fact include this.
Mr. Ingram: That's what I said. They say it did. I want to know how they're
going to go about doing this. Are they going to go up and put a nickel on top
of the machine and see if it stands there or are they going to have somebody come
in that's got the proper equipment and do it and get you a reading on it? What
I'm saying is the manufacturer of the equipment, this is not necessary, this is
an added expense.
Mayor Ferre: Mr. Grassie, I'm not technically qualified to go through all this
stuff about vibrations so I'm going to ask you for the third time what is your
recommendation.
:1HGtassie: I was interrupted When I was getting to it. First I have to say tha
dlNe got a very messy bid and while it is really against my normal recoMmendatioll
tat we do this, in this particular case I think we have to go to re -bid and I
thitik we may have to rewrite the specifications. Now I want to explain why I do
got like to do this. What we have done at this point is we have asked people to
bid in good faith and they've got their prices out in public. Now to ask them to
te..bid is really in a way unfair because everybody knows what their prices are
and the tendency of this is to simply push their price down and that really is
unfair but this situation is so confused and so messy because of the dual problem
bi the credit for unused warranty and the confusion with regard to the 2% credit
that I really don't think that you have another alternative.
Mayor Ferre:
Mr. Ingram:
followed the
Are you willing to flip a coin?
No sir,
specks, this question would not arise,
I am not. I maintain that if they had read the specks .tnd,
• Mayor Ferre: Is that your recommendation?
Mr. Grassie: Yes, sir.
Rev. Gibson: Mr. Mayor, under the circumstance, I find it unfair that to do other
than make them re -bid. However, if they have leaked their secrets, that's their
problem, that's part of the business of bidding.
Mayor Ferre: It's not their fault.
Rev. Gibson: Well then the thing to do is, then the City has to be more specific
and determinative in what they write. Now we've gone through this, remember that
outfit in California? Remember, with Ben Demby and all that business? We raised
this question in another article. Mr. Mayor, I move that this matter be re -bid.
Mr. Plummer: By the way, Father, it might interest you to know that silver -haired
man that was here, he's gone broke for the third time. The man that promised us
the world in the bids to which Father speaks to, and I happened to agree at the
time with Father but he's gone broke for the third time.
Mr. Cox: Mr. Mayor, may I just say one thing on a statement that Commissioner
Plummer made. These specifications were developed around Carrier equipment be-
cause that's what's in the building, Mr. Plummer.
Mr. Plummer: It's pretty obvious.
Mr. Cox: But we have no other choice. We have to have the Carrier equipment
maintained so the specifications have to dictate the type of equipment that is in
the building. On the question of the motorcycles, Kawasaki did bid those motor-
cycles and we did try Kawasaki motors.
Rev. Gibson: Mr. Manager, did you hear what I heard?
•Mr. Plummer: That's exactly what I've been saying, nobody wants to listen.
Rev. Gibson: Did you hear what I heard!! Mr, Manager?
Mr. Grassie: Yes, sir.
Rev. Gibson: But under the circumstances, hell, you aren't asking anybody else
to bid. That's what you're doing, you're writing the specifications... because
what you have said, you have boxed Carrier in and literally, wait a minute, you
all had your time so let me say my little saying. You have given them a monopoly,
that's what you have done unless you do differently. Now you remember what he
said, his own admission, that the specifications are written around Carrier.
Mr, Cox: No, sir.
Gibson; Isn't that what you just said?
Mr, Cox: No sir. I said that the specifications 4re written around'Cgr gr equipment
because there is Carrier equipment. ia the
a
a
J. 4
Gibson: Gall a rose by any name it smells the same. the speeil ie(rtlotis
written around Cartiers equipment.
Ingram: Mr. Cox, may I ask you a question, sir?
Rev Gibson: Wait a minute. Remember the orders elevator thing We had doWh there,
temember what Mr. Andrews said? Amen, I have a long me:tory even though Iiil bald
up here.
Mt. Plummer: Mr. Cox, sir, are you familiar with the Bared Cobo company?
Mt. Cox: No sir. Neither one of the companies has ever done work for the City i!
the area of maintenance contracts.
Mt. Plummer: Do you know anything detrimental about Bared-Cobo?
Mt, Cox: No sir, nothing whatsoever.
Mt. Plummer: May I make a motion, Mr. Mayor?
Mayor Ferre: Well Father Gibson had a motion on the floor,
Mr. Plummer: Oh, I'm sorry.
Mayor Ferre: And if he wants to withdraw it at this point afte
said, that's fine with me.
Rev. Gibson: I want to persue the motion if I can get a second.
Mr. Freeden: We're lower on both counts.
Mayor Ferre: Alright, is there a second to that motion to re -bid? Is there a
second to the motion? Is there a second to the motion? hearing no second to
the motion, it dies for lack of a second.
Mr. Plummer: Now the floor is open for a motion. Based upon the fact that the
',City can save $2,604.54, I make a motion that this award go to Bared-Cobo for
the service of one year.
Mr. Reboso: Second.
Mayor Ferre: Seconded by Commissioner Reboso. Further discussion, call the roll.
Mr. Plummer: Mr. Mayor, let me put another stipulation to that. The clarification
is I want to know if the City does not take advantage of the 2%. I want to know
that because let me tell you something, I'm going after somebody's tiger.
Mayor Ferre: Go get 'em, Tiger.
Mr. Plummer: You're damn right. Let me tell you something. My profit in.
business depends on that 2%.
Mr. Grassie: Mr. Mayor, for clarification...
Mr. Plummer: Is there a second to that motion?
Mr. Grassie: Yes, it's been seconded.
Mayor Ferre: Clarification, yes sir.
Mr. Grassie: Do I assume from Commissioner Plummer's motion that
the bid of Bared-Cobo is $2,500 less than what they have bid?
Mr. Plummer: Why don't you ask me and I'.l tell you.
Mr, Grassie: Well I am asking.
Mayor Ferre. (INAUDIBLE)
Mr. Plummer; I'd be glad to te1 ..
looking for,
he assures that
Mr, 6tassiet No i I just wanted to know whether you're assuming that tlitydtt
entering a verbal bid less than $16,677,00,
Mr, Plummer: That is correct, That is what I asked theti.
Mr, Gtassie: Well maybe you better ask theM.
Mr, Freeden: We've confirmed that.
Mr, Plummer: They've already confirmed it, Mt, GraSsiet
Mr. Grassie: You understand that what you're doitg iS acCeptitg Aid
this floor.
Mr, Plummer: That is correct.
"•-••
"• - . . , , •
•
Mr, Grassie: If that's the case, you can't do that.i
Mayor Ferre: You can't do that.
Mr. Plummer: You mean I can't save this City $2,600? You better find a Wa
I can.
Mr. Grassie: Yes sir but not the way you're trying to,
Mr. Plummer: Tell me how to do it.
Mr. Grassie: The only legal way that you could do
it,
Commissioner.,.
Mayor Ferre: If I may. Mr. Plummer, as I understood your motion because I didn't
understand what you just said, what I understood your motion to say was that since
you're demanding about the 27. that you assume that the City will be intelligent
enough to take the 2%.
Mr. Plummer: No sir, I don't assume that because I know the way the City operates.
Mayor Ferre: That's the only way that you could say that Bared & Cobo are the low
bidders.
Mr. Plummer: No sir, I'll tell you exactly. I said if you all stuck in guessing
/04 about the way I came about these figures, why don't you ask me and I'll tell you.
Mayor Ferre: We have and that's exactly what the problem is.
Mr. Weston: You can't change the figures.
Mr. Plummer: I'm not changing the figures, I'm changing exactly what's there,
Mr. Weston. Two percent brings their bid down to $16,343.46. That's in their
bid and that alone makes them the low bidders.
Mayor Ferre: Well that's what I just said.
Mr. Plummer: That then plus the fact that they have agreed that their contract
would be less $2,506 brings their bid down th $13,837.46 or a difference of
$2,604.54 and by god you better not tell me I can't save the City that money,
Mayor Ferre: Okay, we've got a translator to interpret your english to yourself
in english.
Mr. Plummer: Can you speak Puerto Rican to English?
Mrs, Gordon: Mr. Weston, do you agree with Mr. Plummer?
Mr, Weston: I agree with Mr. Plummer in his statement that the 2% applied makes
them low. I do not agree with him that we can change the bid here on the f1Por.
The bid is what they submitted. Now there may be a possibility that it has been
analyzed incorrectly. If that's the case, I don't have that information and 1
concur with the Manager in his recommendation that the proper procedure would :?e
to reject all the bids and try to negotiate.
197 t
fo '
• .11Pki
'111•Milis
I ydr Ferre: Mt, Weston, as I understand Commissioner Plummer's motion, 1 repeat
that he''s not trying to negotiate anything. All he's saying
isothat
t thehw y he
calculates that 2%, Bated & Coro ate the low bidders. Do u
cat
Mr. Weston: To that extent, yes, sir,
Mayor Ferre: Well then I don't think there's anything else that needs to be ,atgt:ed.
Mt. Plummer: Well, yeah, there's nothing else to atgue to that point. From that
point on, they have agreed that, in fact, that the same thing that applied towards
Carrier would apply towards them.
Mayor Ferre: You can't do that!
Mt.. Cox: A point of interest, Mr, Mayor=
fr. Bared: Mr. Mayor...
Mayor Ferre: Wait a minute. The point of interest arid then I'll recognize you.
Mr. Cox: That would be my question also to the Attorney, that prior to, and I
spoke to Mr. Bared and Mr. Cobo, that if the 2% is interpreted and it is felt that
`the City can reasonably take advantage of that 2%, that would make them the low
Contractor. The next question would be to the legal department and I would do
this formally in writing would be can I then request a letter from Bared & Cobo
giving us this credit, this $2,500 credit and if Mr. Weston indicates that that
can be done, then we would do that. If it cannot be done, then I would also.
recommend, as the Manager, that it be re -bid.
Mayor Ferre: Legal question, can you answer?
Mr. Weston: We've got a two-step process here. If you'retgoing
gdto award-Cthe bid
on the basis of the written bids that were analyzed correctly
bo
comes out low, then you may proceed. Now the next step, they have indicated that
they are willing to give credit for the warranty service and the procedure that
you are following there would be acceptable.
'Mr. Grassie: But do we understand, Mr. Mayor, just so that we're perfectly clear.
You remember that when I introduced this subject, I said that the recommendation
in front of you might not be the recommendation that we're making now.
Mayor Ferre: I understand.
Mr. Grassie: Alright and it's specifically because of this trouble. We should bE
clear that we cannot give this bid based on their promise to give us credit. Now
if you award the bid based on their being low bid because of the 2%, that's fine.
At that point they have no obligation to give you the $2,500.
Mayor Ferre: We understand that but...
Mr. Grassie: But they may do it.
Mayor Ferre: That's their... Hey, we cannot put that in the motion, Plummer,
That cannot be put in the motion because
are gott iation.to Now
oif lthey
do that, that's up to them. That's all otherwise yge
Is there further discussion on this item?
Mr. Bared: Mr. Mayor, this is something that is not unusual in the constructionbusiness. Many times you have a building and through change orders, you
deduct from the contract price.
Mr. Ingram: Alright, as far as the 2%, I can't argue that. Again, as far as a
warranty deduct, are they saying that they're going to give the same warranty
deduct as we are?
Mayor Ferre: No sir, that is not part of this deal.
Mr. Ingram: Well, regardless, Another point, As I understand, Mr. Cox, t0 this
point, Bared & Cobo has not shown proof as per the specifications that they have
6 jobs of comparable size that they have experienced in this field. Is this true`:
Mayor Ferre; Is that right, Eddie'?
147
OCT141976
•
Mr. Cox: That's correct.
Mr. Ingtatn: If this is the case; sir, they still have do
you would have to hold your motion pendittg that,
Mayor Ferre: You want to answer that?
Mr. Freeden: Yes. Mr. Cox and I previously discussed that. He said ordinarily
he would not disqualify us because of that and would request it separately, pie
will make it a condition of his acceptance that we give him that information.
Mr. Cox: I would require that prior to a purchase order being issued along with
the...
Mayor Ferre: And if they don't prove it, they don't get the purchase order, -
Mr. Cox: That is correct.
Mr. Plummer: You see here, again I'm getting back to the same damn thing. Why
didn't you require 12? Why didn't you require 20 major jobs? It's not the way
these things are being bid, it's the way the specks are being put out. Why didn
you require 3?
Mr. Cox: Well we felt that 6 would have been a... We could have required 1, 20-
50 or whatever.
Mr. Plummer: And then probably Carrier couldn't have applied.
Mayor Ferre: You know, I watt to tell you something, Plummer,
are pretty heavy.
Mr. Plummer: I'm saying, Mr. Mayor...
Mayor Ferre: Those are pretty strong accusations.
Mr. Plummer: What accusations!? I've shown you this all the way through
Mayor Ferre: I know, J. L., but I mean, you think of what you're saying.
PI Mr. Plummer: I'm saying to you...
Mayor Ferre: I'm going to put it in the burnacular, alright?
is that these specifications are specially written to favor a certain company or
individual and to exclude others.
Mr. Plummer: Where did the magic number of 6 come from?
Mayor Ferre: That's pretty heavy, papa.
Mr. Plummer: Where did the magic figure of 6 come from?
Mr. Cox: Mr. Plummer, I can't tell you where the number 6 came from. We felt that
that would be a representative number of jobs. As far as writing the specifications
around a company, that's not true. There are probably 50 companies in this area
that are qualified and certified to maintain Carrier equipment. I don't know thr:t
50 is the correct number but you could look in the phone book under Carrier Service
Organizations and I think that there are at least 15 that identify themselves as
being Carrier represented service agencies and that's purely and simply when we
go for a bid of this stanture...
Mayor Ferre: Look, I'm going to tell you, we've got another two hours. In the
meantime, we're going to bring this thing to a head and vote it up or down or I
don't care but let's go. Anything else that needs to be said here? If not.,,
Mr, Plummer; I hope this matter doesn't drop, I'll tell you that.
Mayor Ferre/Mrs. Gordon: What?
Mr, Plummer; I hope this matter do(s not drop. I hope that.this
gets into the point of the specif .eotlpns that #r .P p 144t 2144
bid on the motorcycle'
What you're saying
Mir
Yes sir.
lttlriief t bid they eluelit
Cox: Yes sir They were the h
I'lummor: 'I'hry did ma.
Mt Cox: Yes they did.
Mr. Plummer: They were not
i
qualified because they didtttt Meet spediiitation5
Mayor Ferre: The Chair rules that this matter has been talked and we're noW going
and repeating ourselves time and time again and I call for a vote. Call the roll,
Mts. Gordon: What is the motion?
Mayor Ferre: Plummer's motion is that it be awarded to the low bidder and the low
bidder, under his motion, is Bared-Cobo and he explained his logic simply that
if you take the 2% into account, they are the low bidder. Call the roll.
Mr. Plummer: That wasn't my motion.
Mrs. Gordon: Oh well, J. L....
Mr. Plummer: Alright, I'll go along with it.
Mayor Ferre: If you start putting in the other thing, Mr. Plummet..
Mrs. Gordon: Is that your motion, J. L.?
Mayor Ferre: As the City Attorney has explained to you, you will be dealing with
something that is illegal. It will be challenged in court and rightfully so.
Mr. Plummer: Okay but let me tell you, Maurice, what you're not saying. You are
not, by god, if you don't address it you're not going to correct it.
Mayor Ferre: I will recognize you, Mr. Plummer, after this motion to correct the
hang-up in which I happen to agree with you that there is some question.
Mr. Plummer: But what I'm saying, by god, let me tell you. Let me tell you,
Weston, Frank. I've addressed it and I've addressed it and I've addressed it and
not a damn thing has been done about it!!! Now I'm going to recall...
Mayor Ferre: I rule you out of order. I will recognize you after the vote for
that item that you are now discussing. Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 76-901
A MOTION ACCEPTING THE BID OF BARED-COBO COMPANY FOR
FURNISHING AIR CONDITIONING MAINTENANCE AT THE MODERN
MIAMI POLICE DEPARTMENT FOR ONE YEAR COMMENCING OCTOBER
1, 1976.
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote:
AYES; Commissioner Plummer, Commissioner Reboso, Vice -Mayor Gordon and Mayor;'erre
NOES; Commissioner Gibson
ABSENT: None.
497
{3 IfF :*1:01)
11
281 ACCEPT COMPLEVIO WORK PARKING GARAGE AND SITE -
MODEM MIA ii POLICE DEPARVE T
The fbilo* inq resolution was introduced by Commissioner piUMMerp MO
its Adoption:
RESOLUTION N0, 760902
A SOLUTION ACCEPTING THE COMPLETED CONSTRUCTION WORK OE A.D.H.,
INC, FOR THE PARKING GARAGE AND SITE WORK AT THE MIAMI MODERN
POLICE HEADQUARTERS AT A TOTAL COST OF $2,024,889; AUTHORIZING
AN EXTENSION OF CONTRACT TIME OF 31 WORKING DAYS; AND AUTHORIL.,
ING A FINAL PAYMENT OF $132,703.70.
(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 arlc
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.
A, FROM CONSTRUCTION OF MIAMI MODERN POLICE
29 REALLOCATE UNEXPENDED FUNDS: HEADQUARTERS BUILDING) AND
B. FROM CONSTRUCTION OF MIAMI POLICE PARKING
GARAGE,
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-903
A RESOLUTION REALLOCATING ANY UNEXPENDFD FUNDS FROM PREVIOUSLY
ALLOCATED MONIES FOR THE CONSTRUCTION OF THE MIAMI MODERN POLICE
HEADQUARTERS BUILDING UNDER RESOLUTION NO. 74-1205 UPON THE
FINAL AND COMPLETE PAYMENT OF THE CONSTRUCTION COST OF SAID
BUILDING AS COMPUTED BY THE DIRECTOR OF THE FINANCE DEPARTMENT
AND SUBJECTING THE EXPENDITURE OF ANY UNEXPENDED FUNDS HEREUNDER
TO THE APPROVAL OF THE CITY COMMISSION, AS REQUIRED BY THE PRO-
VISIONS OF THE CITY CHARTER AND CODE.
(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.
OCT 141976
•
he
tc tiI
10Wih4 tesolution was introduced by Commissioner Plummer, who moved
•
RESOLUTION NO. 76-904
SotuTtON REALLOCA'ING ANY UNEXPENDED FUNDS FROM PREVIOUSt -
ATtb MONIES FOR THE CONSTRUCTION OF THE PARKING GARAGE
ACIL1TY AT THE MIAMI MODERN POLICE HEADQUARTER BUILDING UNDER
-SOLUTION NO. 75-384 UPON THE FINAL AND COMPLETE PAYMENT OF
'NE CONSTRUCTION COST SAID GARAGE AS COMPUTED BY THE DIRECTOR
OF THE FINANCE DEPARTMENT AND SUBJECTING THE EXPENDITURE OF
ANY UNEXPENDED FUNDS HEREUNDER TO THE APPROVAL OF THE CITY
COMMISSION, AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER
AND CODE.
(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 pass,
dbpted by the following vote-
/WES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
Mayor Ferre: You know on that 21 that we voted on, you know what we're doing don't
you? Where is Keith? Excuse me, would you come to the microphone just for the
record on Item 21 that we voted on. ... You know I want to tell you I have a ser-
ious misgiving of taking 18 and 27 thousand which is 45 thousand dollars of the
people's money. I want you to follow me. These are bond monies and you're going
to take them, and with all due respects and you've done one fine job and I really
congratulate you for the fine job you've done, Keith; but you know you guys went
out and you spent all of that money ar.d we have a hell of a building for $5,300,000
plus the $2,000,000 for the garage and I think it is just really fantastic for the
money. But I want to tell you something. What you're asking for now is, well you
know you've got a little money left and you want us to put it into the kitty so
you can buy all the little odds and ends that you don't have - you know sling shots
and all that kind of stuff. Now come on.
Mr. Keith Bergstrom:
Mayor Ferre: Well,
it and reducing the
Not quite that liberal.
why don't you give this money
bonded indebtedness? What do
Mr. bergstrom: We need the money for such things
within the building because
back to the people by turning
you need that money for?
as this: Building adjustments
Mayor Ferre: Like what?
Mr. Bergstrom: For instance we're into a particular office, we have a door to that
building, we moved it into that office, moved people into it and we didn't realize
that the desks were going to be configured this way or that way and the door swings
open and hits the desk. It's got to be changed around and that costs money. We
have items like that. We have items on where emergency power is
Mayor Ferre: Keith, I happen to believe in you a lot. This is for real? There's
no Mickey Mouse in this, there's no sling shots or an extra sauna room?
Mr. Bergstrom: No, it is not and it has to follow the regular city procedures.
If it is over $4,500 it has to be bid.
Mayor Ferre: This is $45,000 for reo., what you really need is not the little
extras, you're not going to be putting in cedar panels in the Chief's office or
something like that.
Mr. Bergstrom: No, sir.
Mayor Ferre: Ok.
Mr. Plummer: You know you'd be very proud to 74now, rir. mayor, that the Police
Department themselves went out and purchased and paid for tzie furniture in the Chier'
Office. They didn't life what he had Am I correct?
OCT 141976
r, Bergstrom: They were Willing to :o Lt if the city couldn't have purchase('
the furniture,
PiuMMer: Yes,
Mrs, Gordon: Did they do it?
Mayor Ferre: No, the city did it,
Mr, Bergstrom: We put it out for bid,
Mayor Ferre: Is this what the '45,000 bucks is going to?
Mr. Bergstrom: For furniture, building adjustments, electricl adjustments, thane
things to make the building more functional.
Mayor Ferre: Hey let me tell you something, Mr. Grassie. We're living under very
bad constraints and we've got to set examples around here. We're looking around
for heads to chop and savings to make and all that kind of stuff. I'm going to
vote and I'm going to give you a vote of confidence in this.
Mr. Plummer: You already have.
Mayor Ferre: Well, I could reverse it. Do you want to see me do it?
Mr. Plummer: Not really. How would you like to be on the short end of the stick
for a while?
Mayor Ferre: Because I'll tell you this is something that is a serious question
in mind and I just want to express it to you. Ok?
3U, WAIVE RENTAL FEE FOR USE OF MIAMI PEDIATRIC CARE CENTER (BENEFIT CONCERT),
Mayor Ferre: What is the Pediatric Care Center? Is that part of the University
of Miami?
UNIDENTIFIED SPEAKER: No, sir, the Pediatri' Care Center is a facility, a resi-
dential facility that serves mentally retarded, physically handicapped and emot-
ionally disturbed...
pk, Mayor Ferre: what is it apart of? Is it a part of the United Way?
UNIDENTIFIED SPEAKER: No, sir, it is a private non-profit charitable organization.
Mayor Ferre: Is it part of the University of Miami?
UNIDENTIFIED SPEAKER: No, sir.
Mr. Plummer: Is this out of West Palm?
UNIDENTIFIED SPEAKER: No, sir, it is out of Fort Lauderdale but we also service
a numerous amount of children in Dade County and Miami. As a matter of fact, we
just took over the Miami Society for Autistic Children and are servicing all the
austic children in this community as well.
Mrs. Gordon: They're well known, I've heard of them before.
Mayor Ferre: Are they legit and all that kind of stuff?
Mrs. Gordon: As far as I know, I've never looked at their books,
UNIDENTIFIED SPEAKER: We've been in this area for 25 years....
Mr. Plummer: I'm sorry I have to ask but you know we had a concern out there
about a month ago or six weeks ago in which a great deal of damage was done to the
facilities. Now are you willing to put up a bond that if there is damage that your
bond will cover the expenses?
UNIDENTIFIED SPEAKER; Yes, sir. We have already spoken with Mr. Roach, one of
the facilities directors.
Mayor Ferre; Ok. And you're also going to pay for the lighting and for the po.ice
and the insurance and all of that?
OCT 141976
UNIDENT±FIED SPEAk,ER: Yes.
The following mtotinn was intfoduoed b ' dotftissionet Gordon, who MOiled its
adoptio►.
MOTION t4O, 76905
A MOTION WAIVING; Till: FEES FOR THE USN 01' THE MIAMI PADI UM
IOf A BENEFIT CONCERT SPONSORED BY THE PEDIATRIC CARE CENTER
SUBJECT TO PAYMENT OF ALL DIRECT COSTS AND POSTING OF A BOND&
Upon being seconded by Commissioner Plummer, the motion was passed
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,
31. APPROVE REQUEST FOR CARNIVAL PERMIT
AMUSEMENT RIDES
RAL SHOPPING PLAZA
UBJECT TO APPROVAL BY
BUILDING DEPARTMENT DIRECTOR).
Mayor Ferre: George DuBreuil would like to request the City of Miami Commission
to consider authorizing a carnival permit for Central Shopping Center for amuse-
ment rides from November llth to November 21st. Are you willing to stipulate
that all the regulations and things that go with this....
Mr. Plummer: No, I'm sorry to my good friend Mr. DuBreuil, there is no way `his
commission can act on that. We addressed this already and turned it down, we
didn't turn it down we just can't act on it.
Mayor Ferre: Why?
Mr. Plummer: By a previous resolution. This is Central Shopping Center. We put
in the stipulation when we granted for the bank that if the improvements were not
made no more carnivals. We asked of the Building Director were the improvements
made, he said no.
Mayor Ferre: Plummer's got a memory, I've got to hand it to him.
Mr. Plummer: That's it, we didn't take any action. We couldn't turn them"
Now if you want to go back and tear the bank down.
Mayor Ferre: Hey, let the man have a say.
Mr. George DuBreuil: For the record, my name is George DuBreuil, my offices are
at 100 Douglas Road. Mr. Simons called yesterday re the refusal of a carnival
permit by the Miami City Commission that was on September 29th. Commissioner
Plummer had stated reasons for not considering the permit was because the shopping
center had not furnished its landscaping program which had been required when per-
mission was given to build the bank. Am I correct on that?
Mr. Plummer: Excuse me, George.
Mr. DuBreuil: Commissioner Plummer had stated the reason for not considering the
permit was because the shopping center had not furnished its landscaping program
which had been required when permission was given to build the bank. I went back
into the records because of you, Mr. Plummer to clarify that point. I have the
resolutions here that the commission passed at that time and it was six points.
The six points, I know it's getting late but in the 6th point, the last point of
it said: Item #6, that all of the above shall be subject to review 12 months from
the date of occupancy. In that point 1 was that the wall which exists be raised
to a level of 6 feet which has been done. (2 ghat the landscaping be adequate to
hide the wall from the outside view. I have 8 x 10 pictures to present to the corn-.
mission.
Mr. Plummer: George, I take your word, I don't need your photographs.
Mr. DuBreuil: Point 3 that any egress to this north shall only be permitted to
exist on the 37th Avenue, that still exists. (4) That there be compliance with tha
Code as to the lighting and adequate drainage is correct; that adequte maintenance
OCT 141976
0 ,v
ot,
bd adhered to by the OwnersThat is being done and followed through with.
Alid then IteM (6) was that all of the above shall be subject to review. Now we
COntaCted the Major's Office when this was turned down because it is the business
-
Men that have had this for 15 years, the carnival there. I also have pictures
here for you. I would appreciate showing the present construction now going on
in the front putting the landscaping in which they agreed to do. The final thing
was that I have a copy, there is a copy here of the resolution that was passed
that when the bank built their facility, when the bank was completed and the C.O.
Was granted, the C.O. was granted on the 28th of July that from that date forward
that they had 12 months to complete that landscaping. So it has been done on llti
Street in the back, it is being presently done in the front which those pictures
Will bear out. Therefore, I would like the commission to...
M. Plummer: George, let me tell you how much I love you. Ok? George, I'm not
disputing what you say but Mr. Ferencik disputed what you said. I'm willing to
Make a motion right now subject to Mr. Ferencik agreeing that all matters have
been complied with as set forth in the resolutions of this commission that the
approval be granted. Now how is that? Is that fair enough?
INAUDIBLE
Mayor Ferre: You're out of order.
Mr. DuBreuil: ... I think that the question that you raised at that time is why
Mr. Ferencik, but I do have, I've spent a week going through all the offices gettj ig
the C.O. when it was issued and saw the minutes of the meeting and
Mrs. Gordon: You're not asking that it be completed before this?
Mayor Ferre: No.
Mr. Plummer: I'm saying that those things that the
with that Mr. Ferencik said before was not com;lied
plied with fine.
commission requested bec�tnp1id
with. If he says they're coM-
Mayor Ferre: The chair rules no more discussion on this item.
Mrs. Gordon: Yes, but I don't want any mis:Inderstandings on this one
Mayor Ferre: Well there is no misunderstanding, he clarified it.
Mr. Plummer: If Rose can speak I want to speak.
The following motion was introduced by Commissioner Plummer, who moved its'.
adoption.
MOTION NO. 76-906
A MOTION AUTHORIZING ISSUANCE OF A CARNIVAL PERMIT TO CENTRAL
SHOPPING PLAZA FOR AMUSEMENT RIDES FROM NOVEMBER 11 THROUGH
NOVEMBER 21, 1976 SUBJECT TO APPROVAL BY ROBERT FERENCIK,
DIRECTOR CITY OF MIAMI BUILDING DEPARTMENT, WITH STIPULATION
THAT ALL CONDITIONS OF PREVIOUS RESOLUTIONS PASSED BY THE CITY
COMMISSION, AS THEY RELATE TO CENTRAL SHOPPING PLAZA, HAVE
BEEN COMPLIED WITH.
Upon being seconded by Commissioner Gibson, the motion was passed and<-,::
dopted by the following vote-
-
44YES; Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES; None!
7
4 976
32i APPROVE REQUEST FOR CARNIVAL PERMIT-(NovESHRRIN CIRCUS
DECEMBER 5, 1 I5)
ANNJSEMEI�'% RIDES
The following resolution was i ►troduised by CaPhia *lei .r 0iumMar, WM) tdved
its adoptions
RESOLUTION NO, 76-907
A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO MAHI SHRINE
CIRCUS FOR AMUSEMENT RIDES IN CONNECTION WITH ITS CARNIVAL AT
450 NORTHWEST 37 AVENUE ON NOVEMBER 24 THRU DECEMBER 5, 1976,
SUBJECT TO CERTAIN TERMS AND CONDITIONS.
(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
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.
53. APPROVE REQUEST FOR CARNIVAL PERMIT -ST. DOMINIC'S y UR1
AMUSEMENT RIDES - (NOVEMBER Z /
The following resolution was introduced by Commissioner Plummer
its adoption:
RESOLUTION NO. 76-908
A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO ST. DOMINIC'S
CHURCH FOR AMUSEMENT RIDES IN CONNECTION WITH ITS CARNIVAL AT 5909
NORTHWEST 7 STREET, ON NOVEMBER 5, 1976, SUBJECT TO CERTAIN TERMS
AND CONDITIONS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
Mr. DuBreuil: One more thing. Mr. Mayor, I have to relate one thing sitting here
since 4 O'Clock; that we at one time when I was sitting on the commission put out
for bids to buy some new cars, 10 of them for the Mayor and the City Manager, the
City attorney and on down the line - there were 10 automobiles. Now in the specifi-
cations I ran into Dick Fincher that night and I said Dick, how come you didn't
bid. He says I did. Well the only specifications that were met were Buick and
he says well damn, I bid and I know four or five others bid. So it took me about
four weeks, finally I found somLbody over in the right department that wrote the
specifications and he said Commissioner, I'll get fired. But actually where it
is is in the wheel base. I said what do you mean? He said the wheelbase states
that it would be 127 inches. Oldsmobile was 126, Pontiac was 125 and right on
down the line. So you're pretty close on what you're saying.
Mr. Plummer: George, it hasn't changed a damned bit it's only got worse. Thanks
a lot. Let me tell you when they start writing specs for caskets that's when I
got them.
Mr. DuBreuil: One last thing, I know it is late as hell but I never heard one of
you or anybody out here when you got to talking about liquor licenses. The prob=
lem, and that's what Metropolitan governr,lent was supposed to be all about, the
problem lies with the county of setting the minimum standards - that's what it was
set up for, for them to control and set the opening and closing of licenses all
over then you won't have package stores on one side of the street and the place,
White's p here on 36th Street where the city is 8;00 and he closes the door and
Wg
ti
OCT14197$
walks to the county line and it's 10:00 O'Clock. It's the county and 5c;.,`where
if your committee comes back and makes the recommendations to you then you should
also send those recommendations to metropolitan government and ask them to do the
job that they were supposed to do.
Mr. Plummer: george, for two years I've fought that particular avenue of battle
and let me tell you what the answer was from the county: "If you want to adopt
uniform standards just adopt what we've got because we're not going to do anything
else."
Mr. buBreuil: Well, I think you've got a new commission up there that'll lightet5
up.
Mayor Ferre: Thank you.
34, MOTION OF INTENT FOR USE QF ORANGE BOWL STADIUM BY FLORID BAND
MASTERS ASSOCIATION,
Mr. Jim `".onroe: Honorable ana me:`Lboro corm.mission, I'm JAmec Monroe hA?p
on behalf of the, as band director of the Miami Senior Highschool and District
Chairman of the Florida Bandmaster's Association District 12 which comprises all
of the bands in the City of Miami, Dade County and Monroe County. In past years
both the University of Miami and the Orange Bowl have been very instrumental in
the success of the marching band festival held there in the Orange Bowl. In the
past years I as District Chairman have coordinated with Mr. Rubio, the stadium
manager and Mr. Jennings. As of this year they inform me of the limitations being
placed on the events there in the Orange Bowl and at this particular time we hereb:
the use of the Orange Bowl on November 13 in conjunction with the University of
Miami and the Penn State Football Game. The University of Miami and our particula:
district with all of the highschool bands are very concerned and would like to havt
in conjunction and in celebration to with this the Bicentennial to as a culminat-
ing activity that of the band festival and that of a band's day which we would like
to have at that particular time.
Mayor Ferre: Ok, Andy or Jack, do you want to answer that?
Mr. Andrew P. Crouch: As I understand what he's asking for is that there is going
to be in conjunction with the university came band acticities or is it during that
same day that you want to put on some kind of a band concert? Contest which means
a number of bands that would be participating?
Mr. Monroe: That's correct. It is both of them. The band festival which will be
started at an earlier time during that particular day which will culminate there
around the pre -game activities for the University of Miami.
Mr. Crouch: Mr. Mayor, what I would suggest is that because of the dates that
they're asking for that you turn it over to the Manager to investigate what would
happen to the field because .... I would see the possibility....
Mayor Ferre: Look, I think you'll find the good intentions of this commission but
I think we have to be very careful when we talk about the Orange Bowl you know and
especially in football season. So I think the way I would do it is in this way:
Let's pass saying that we subscribe to the intention of what is being presented buy
that we leave the final approval of it to the City Manager. You realize what we're:
doing now, we're putting it in the Manager's hands for his final decision.
Mrs. Gordon: Yes, but do you think we should kind of say how that we do approve i•
unless there is a very bad reason for not allowing it.
Mayor Ferre: The motion as I understood it is that you are saying that we condur
with doing this but that we're leaving the final details of it....
Mr. Monroe: One thing that I would like to say at thia particular time as pointer:
out, I've coordinated this with Mr. Rubio and Mr. Jennings who are representative_.
of the City Manager's Office and they in turn told me, of course, being aware of
the limitations as being placed on the use of the Orange bowl and that this woulc
be perhaps the proper procedure in coming and addressing the City Commission. They
were for it. Mr. Rubio, of course, has worked w-ry well for Miami High and our
having the football games there.
Mr. Crouch: The only thing that % wanted r.o clarify is that he's not really askinj
for a waiver of the fees involved, he's only asking for the use and I think that
from what he says then it probably would be granted bUt the Manager doesn't have t
information that he
OCT 141976
Mr. Mottoes Mt, Mayor, with regards to the fees, it is the understanding from
Mr, Rubio that the fees would be the saite as in the past and I think that was
somewhat in the neighborhood of 300 some odd dollars.
Mayor Ferre: That's
The following Motion
adoption,
part of the motion.
Further discussion? Call the roll.
was introduced by CoMtissioner Gordon,
MOTION NO. 76-909
who Moved its
A MOTION STATING THE INTENT OF THE CITY COMMISSION TO PERMIT
THE USE OF THE ORANGE BOWL STADIUM FOR THE ANNUAL DISTRICT
BAND CONTEST ON NOVEMBER 13, 1976 BY THE FLORIDA BAND MASTERS
ASSOCIATION, BUT REFERRING THE REQUEST AND POSSIBLE ARRANGEMENT
OF DETAILS TO THE CITY MANAGER.
Upon being seconded by Commissioner Gibson, the motion
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. Gordon: I would ask the Manager to give him an answer as quickly as possible
because I'm sure he has to do a lot of organizing in this interim time and we don't
have that much time. Is that alri4ht. Andv? Ok.
35, FIRST READING ORDINANCE - REAL, SECTIONS 3-48 3-49 AND 3-50 OF THE
CITY UODE - (FINGERPRINTING AND PHOTOGRAPHING
OF EMPLOYEES IN NIGHT CLUBS),
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING SECTIONS 3-48, 3-49 AND 3-50 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, RELATING TO THE REQUIRE-
MENT OF FINGERPRINTING AND PHOTOGRAPHING ALL EMPLOYEES AND
PERSONS PERFORMING SERVICES UNDER CONTRACT IN ANY ESTABLISH-
MENT OPERATING UNDER A NIGHTCLUB LICENSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Gordon
and passed on its first reading by title 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.
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.
r_
= 7
a.
t
361 DIsalsSION ITEM: IrIzENS FOR B `iER COMMUNITAES
01,
NSTIMM`iIONAL HMMOMENT iNo 4
SEE LAVER REsoLuTioN No, % 936)
Mayor Ferre: Let me tell you what the problem is. 1 want everybody to linter
to this though so let's wait for Rose. Part of the resolution that's going to
be read here is that you've got to shave off your moustache. Secondly, you need
a haircut. Now listen to me, Rose Gordon, the Miami Herald, everybody listen.
Listen to this. He's got a problem with his S15,000 for the Citizens for a Better
Community. Let me tell you what the problem is. The problem is that they ain't
doing nothing. The problem is that they've gotten zilch from anybody but Miami
boys over there. Ok? And I'm going to tell you something. You know what's going
to happen? No, it's not going to fail it is going to pass because we are going to
work hard at it and this guy has been busting his tail going around and taling
to editors of newspapers, etc. Ok? He got it past Tallahassee, he got it done,
he's put it together. The guy can't even get stationary, they're holding him up,
they're doing all kinds of crazy things. Now I'm going to tell you it's going to
pass and then Fred Schultz and Murray Dubin and all these guys that haven't done
a damned thing are going to go around crowing about how much they did and all this
stuff. And you know what I say to them? What I should have said to those guys
in that Housing Bond Issue that talked a lot and didn't do anything and now you
listen to them, they were the ones that passed the Housing Bond Issue. So as far
as I'm concerned if I want to change anything around and Dust make it part of a
lobbying contract we have with, can we do that legally? Instead of giving this
money to the Citizens for Better Communities since it's all going to end up here
IP anyway, follow me? All I'm going to move is that these moneys instead of being
give to Citizens for Better Communities be given to our lobbyist as part of his
contractual arrangement to do this job and get it passed November 2nd.
Mr. Weston: You can't do it without a resolution.
Mayor Ferre: I know you can't do it with tis resolution, but you can do it with
another resolution.
Mr. Weston: Yes, sir.
Mayor Ferre: So I'm just saying I'm bringing it out for you so you can discuss it
and do what you want. I'm telling you that Citizens for a Better Community is
doing nothing. It's a failure, they talk a lot, they get a lot of big stationary
with a lot of fancy names and a lot of fancy people and they haven't done a thing.
They promised us they were going to raise $250,000 and they haven't done a thing.
0111 They haven't raised any money, they haven't done any talking, they haven't been
around, they haven't done anything. And as far as I'm concerned that's absurd.
That's how I feel. I move.
Mrs. Gordon: Do we have to have this redrafted before...?
Mayor Ferre: Yes.
Mr. Parades: We have to have it today because if not we won't be able to give
him the money and then the election will be November
•
Mrs. Gordon: It will be over.
Mayor Ferre: Look, let me put it to you this way: We've been fooling and horsing
around and waiting for this and waiting for Lucius Williams to do that and Murray
Dubin to do that and for Fred Schultz to do that and they haven't done anything.
It's a lot of talking, a lot of promising, a lot of talk no action. Ok?
Mrs. Gordon: Ok, this is a motion then he'll prepare the resolution. Right?
Mayor Ferre: All I'm saying is he's going to get the money anyway, let's just
give it to him direct and to hell with Citizens for better community. They're
off on their own, we're not going to help them and I'm going to resign from them
and let them do whatever they want.
Thereupon the City Commission on motion of Mayor Ferre seconded by Commissi.ono
Plummer passed and adopted the preceding motion by a unanimous vote.
SEE RESOLUTION NO. 76-910.
Mayor Ferre: Now Sisser, I want yoq to understand that that $15,000 is for
everything. Do you understand? You don't come back with stationary bills, you
don't come back with traveling bills. Is that right? Ycu don't come back any
have special bills for food or anything, entertainment or anything else,
OCT 141973
Mr. PluMMeri And there's no crime in not using it all and refunding some espec-
ially for a haircut.
Mrs. Gordon: Mr. Weston, you will have this ready tonight before we leave?
Mayor Ferre: Rick, now wait a minute because I don't want to get into trouble.'
There have been some people that have worked and I'm talking about Senator lack
Gordon. Are we going to cover his expenses from this?
Mr. Rick Sisser: Yes, sir.
Mayor Ferre: Senator Jack Gordon.
Mx. Sisser: And anybody that has traveled around the state on it who will be
traveling with me next week through central Florida, all their expenses will be
covered.
Mayor Ferre: Alright, and I son't want somebody, I don't want Senator Jack Gordon
coming here all upset that he hasn't been paid for his traveling time. In other
words this covers the whole thing. Right?
Mr. Sisser: Yes, sir.
Mayor Ferre: Alright, I just wanted it for the record.
A. ESTABLISH TREE BANK FOR REPLACEMENT OF ROYAL POINCIANA TREESI
Mayor Ferre: Said trees (Poincianas) have a life expectancy of 50 or 60 years
and many of the trees in the city were 17)1antPd in 1929. Therefore, in the next
10 years the City of Miami should have a tree bank program so as these trees die
there will be mature ones to replace them. Well, let me tell you where that comes
from. No, I wrote it. I want to tell you something. Listen to me now. There
is a newspaper here called the Miami News and Terry Johnson King on 6/2/76 wrote
an article called the"Flamboyan" and then she says how - I read it * she says all
these beautiful trees of South Miami Avenue which we all love, I love. Rose,
you...
Mrs. Gordon: Yes, I love them too.
Mayor Ferre: Alright. Now she said they're all going to die. So I write on
July 20th to the Manager and I say you know I've been receiving calls from
Manuel Arbesu who lives at the address where the trees were planted and who
informed me that there is a large Poinciana tree on 18th Street that will have to
be removed... As I previously said, one of the few truly beautiful avenues is
South Miami Avenue. It would seem to me that a large Poinciana tree would
Now, as a result of that going back to Paul Andrews' days I've been writing memos
about Poincianas and there is a memorandum from Grassie dated August 17th on the
article of 6/2. Most of the large Poincianas were planted in 1929, the trees are
over 40 years old. This makes it the same age of most of the trees along South
Miami Avenue. The life expectancy of a royal, a Poinciana is 50 years. Hey,
Plummer, are you following what I'm trying to say? What I'm trying to say is
that in the next 10 years those trees are going to die and then we're going to go
out there and plant these little dinky trees and our beautiful South Miami Avenue
is going to look like it did 50 years ago when we started the whole thing. So
make a motion now that the Manager specifically be instructed to have a tree bank
somewhere for Poinciana trees and that they ought to have whatever number or
hundreds it takes to replace our old Poincianas and plant then now so that in 10
years when the old ones die we'll have 10 year old trees to replace them with.
Mrs. Gordon: I'm with you all the way. What are you laughing at?
Mr. Plummer: A month ago Vince Grimm and I had a big fight about the Royal Poin-
cianas and the Black Olives. They've got a 100 year life.
Mayor Ferre: Rose Gordon moves, Plummer seconds the motion on the Royal Poincianas
that we immediately proceed with the tree bank to have a tree for every Royal
Poinciana on public property in the City of Miami so that when they die they will
be replaced by 10 year old trees at least.
Mr. Plummer: Hey, Maurice, can I tell you something? I just planted 20 at my
house a year and a half ago. Ok? My lot is so damned crowded you can't believe
it. When a man tells you,...
Mayor Ferre: What are you tallying about?
.1 •Si
O C T 141975
Mr. Plummer: The Royal Poincianas
Mrs, Gordon: Oh, you've got the tree bank all started.
Mr. Plummer: You're damned right you do. When they tell you that those treys
grow a foot a month don't call them a liar. When I put those trees 19 tionths aqo
they were that thick in the trunk and they had one stick of green. I have one
tree that's 32 feet high,
Mayor Ferre: You can tell me that some other day. It's 9:20. I'm hungry, man.
The following motion was introduced by Commissioner Gordon, who moved its
adoption.
MOTION NO. 76-911
A MOTION INSTRUCTING THE CITY MANAGER TO ESTABLISH A TREE BANK
POR THE REPLACEMENT OF ROYAL POINCIANA TREES; THAT SUCH TREE
BANK CONTAIN ONE TREE FOR EACH ROYAL POINCIANA TREE PRESENTLY
GROWING ON PUBLIC PROPERTY.
Upon being seconded by Commissioner Plummer, the motion was passed an
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.
38, MOTION OF INTENT: ISSUANCE OF i4UILDING PERMITS HELD IN ABEYANCE UNTIL
APPROVAL OF VLATS.
Manor Terre: Pelican Farber, Plummer, pelican Island that's that little thin
that sticks out.
Mr. Plummer: On both sides of 79th Street.
Mayor Ferre: Yes, but let me tell you something. Do we have to do this?
Mr. Plummer: No, we never have to accept a plat.
Mayor Ferre: Well, let me tell you what I'm thinking about. You know
going to build something there aren't they?
Mr. Plummer: Not necessarily.
Mayor Ferre: Well why are they platting it?
Mr. Vince Grimm: There is a building presently under construction on that site
on the north side of 79th Street.
Mayor Ferre: How could they build something without platting it.
Mr. Grimm: With a tentative plat they can get a building permit and be almost
through with the building before they get a C.O. They have to have a plat as par,
of the C.O.
Mr, Plummer: What happens if we deny it?
Mr. Grimm: Well, the building is almost done, that's up to you.
Mr. Plummer: What happens if we deny it?
Mr. Grimm: They don't get a C.O.
Mr. Plummer: Then it looks like that's a hell of a procedure you
doesn't it?
Mr. Grimm: Well, that's what we have to follow
Mayor Ferro; Why?
Mr, Planer: On Whose orders do you issue a building permit on anything tentative?
Mt. Gri M Mr. Mayor and members of the commission, the Building Director is
impowered to issue building permits on unplatted land provided he withholds the
CO., until the plat is filed. That's the authority that the Building Director
has right or wrong.
Mayor Ferre: Vince, let me tell you my problem. Ok? Here's my problem. You
know what's going to happen? You're putting up an apartment house and when we
get going with Watson Island do you know who is going to be down here screaming
about anything to be done on Watson Island? The people in Pelican Harbor. See?
Mr. Grimm: Mr. Mayor, we've had this argument a long time. Not only is it dis-
ruptive from your point of view but many times subdivision improvements are part
of the plat and then the builder gets into the building and he says I can't do it
now and you're holding up my mortgage and all that
Mayor Ferre: Let's change the law.
Mr. Grimm: That's exactly the point.
Mr. Plummer: Well, why hasn't somebody done something about it? I make a motion
at this time that the law relating to the issuance of building permits not be
given until final approval of the plat. I make that in the form of a motion.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 76-912
A MOTION THAT THE LAW RELATING TO ISSUANCE OF BUILDING PERMITS
BY THE CITY OF MIAMI BE HELD IN ABEYANCE PENDING FINAL APPROVAL
OF THE PLAT BY THE CITY COMMISSION.
Upon being seconded by Commissioner Gibson, the motion was passed anc
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.
39. APPROVE PLAT: "PELICAN HARBOR No. 1" SUBDIVISION.
Mayor Ferre: Now, on Item #22.
Mr. Plummer! I make a motion that this item be deferred until the owner/builder
come into this commission explaining to us what he is doing and how he feels on
Watson Island.
Mayor Ferre: No, you can't put that as part of the motion but I think you can
bring him in here. It's right across from Watson Island, Rose, and
Mr. Grimm: 79th Street, the northern City Limits.
Mayor Ferre: Oh.
Mr. Grimm: The first little island across the first bridge.
Mayor Ferre: Oh, I thought it was the other causeway.
Mr, Plummer: Pelican Harbor? It's on 79th Street. That's what I a
Mayor Ferre: Plummer, withdraw your motion.
Mr. Grimm: Watson Island is at 13th Street, commissioners.
Mr, Plummer; I understand, you don't have to tell me you damned Yankee.
INAUPI8
Mayor Jerre; Yes, I thought it we s that causeway net to Watson Island,,,
'} $
aI,:16'
OCT 141976
Mr. Pit lien i t Withdraw My notion,
The following tesolUtion WAS iht "odt1Ced by COMMissiOner Gordon) who tGVec
its adbpti ni
AtEaUTI0t4 NO. 76-913
ktsatitIoN ACCEPTING THE PLAT ENTITLED PELICAN HARBOR NO4 1,
SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE bEbICAT-
iNE SHOWN ON SAID PLAT, AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT.
(Here follows body of resolution, omitted here and oh file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution Was
•
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.
40, APPROVE PLAT: "POIN" SUBDIVISION,
The following resolution was introduced by Commissioner Gibson, t
its adoption:
RESOLUTION NO. 76-914
A RESOLUTION ACCEPTING THE PLAT ENTITLED POIN SUBDIVISION, A
SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT, AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT.
(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
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.
41, SUPPORT ESTABLISHMENT OF NATIONAL SOLAR ENERGY RESEARCH INSTITUTE,
Mayor Ferre: On 24 I want to very clearly specify I've read it very carefully.
This resolution does not in any way tic up our land or even imply that we're !Tivir
it or promising it. Ok? The Manager recommends.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-915
A RESOLUTION SUPPORTING THE ESTABLISHMENT OF A NATIONAL SOLAR ENERGY
RESEARCH INSTITUTE AND URGING THE ENERGY RESEARCH DEVELOPMENT ADMIN-
ISTRATION OF THE UNITED STATES GOVERNMENT TO LOCATE SAID INSTITUTE IN
DADE COUNTY, FLORIDA, IN ACCORDANCE WITH THE RECOMMENDATION OF THE
NATIONAL SOLAR ENERGY CONSORTIUM, INC., PROPOSAL.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the
a,dQ led 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 NCSS; Name,
7
OCT 141976
• *'hp
Wu'HOR IZE CITY WAWA R O
DIME AGREEMENT - METRO - FOR CITY SERVICE E� PLOYNENT PROGRAM.
42
The following resolution was introduced by Commissioner Gordon, who to ed
itS 1 642tio :
RESOLUTION NO. 76'916
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI
TO EXECUTE AN AGREEMENT WITH METROPOLITAN DADE COUNTY THROUGH
THE MANPOWER CONSORTIUM OF DADE AND MONROE COUNTIES FOR IMPLE-
MENTATION OF THE CITY'S PUBLIC SERVICE EMPLOYMENT PROGRAM, AMEND-
ING THE AGREEMENT APPROVED BY CITY OF MIAMI RESOLUTION NO. 75-492
BY INCREASING THE TOTAL AMOUNT OF THE PREVIOUS CONTRACT TO
$3,943,414 AND EXTENDING THE TIME OF PERFORMANCE TO DECEMBER
31, 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
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.
43, AUTHORIZE CITY MANAC R TO
EXECUTE AGREEMENT - METRO - FOR IN -SCHOOL YOUTH PROGRAM; Jig: MAC
ANALYSIS; AND SOCIAL SERVICE SURVEY,
Mr. Plummer: Is this part of the consortium? I thought we were going to look,
into going that on our own.
Mrs. Gordon: Would you explain to us a little bit about 26? I know it is a new
program and it has been funded by a grant.
Mr. Grassie: I have to say no, commissioner, I can't give you much more than what
you have in the attachment, I'm sorry.
Mrs. Gordon: Ok, well would you get it to us in a memorandum. I know about it
but I don't know if anybody else does.
Mr. Grassie: Could we ask Mr. Molins to speak to that?
Mrs. Gordon: Sure, I'd be glad to get it if he knows the information.
Mr. Mario Molins: The programs from Item 26 on the agenda were part of a package
of a total funding of $980,000 of discretionary title I C.E.T.A. monies that the
U.S. Secretary of Labor made available to the City of Miami last summer. Part of
that package included the continuation of the summer teen employment program which
he dubbed step II. That program, of course, ended at the end of the summer and
what we propose to do with the balance of that funding that was authorized last
summer is what's proposed in thiE resolution including an in -school program for
the same clientele that originally was in the summer program. I don't mean the
same exact people but the same clientele.
Mrs. Gordon: Would you furnish me with some information in the next few days on
it?
Mr, Molins: I'd be glad to furnish it through the City Manager.
Mr. Grassie: It's with regard to the purpose of the program that you want informat-
ion?
Mrs. Gordon: Absolutely, I want to know all about it. I want to know what we're
doing. When I go out dnd talk about the fine things the City of Miami is doing I
want to be specific and this is a specific that I could talk to.
AYES:
The ttiilO.,, . .__ _ out .., r a ih rrnrii ced by Commissioner Gordon, who mo
its` adeiDtibh:
RESOLUTION NO. 76917
P.Egbi,tf tON AUTHORIZING THE CITY MANAGER OF THE CITY+ OF MiAMt
Tb EXECUTE AN AGREEMENT WITH METROPOLITAN DADE COUNTY, THROUGH
THE MANPOWER PLANNING CONSORTIUM OF DADE AND MONROE COUNTIES,
PURSUANT TO CITY OF MIAMI RESOLUTION 74-111 TO IMPLEMENT AN
IN -SCHOOL YOUTH PROGRAM, A JOB MARKET ANALYSIS AND SOCIAL SER
VICE SURVEY, A COMMUNITY FACILITIES OFFICER PROGRAM, AND A
COMMUNITY RESPONSE CENTER.
(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
adopted by the following vote -
Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
44. AUTHORIZE CITY WAGER TO
EXECUTE AGREEMENT -METRO - FOR IMPLE ENTATION OF PHASE II - 1976
SUMMER IEEN EMPLOYMENT PROGRAM.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 76-918
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREE-
MENT WITH METROPOLITAN DADE COUNTY, THROUGH THE MANPOWER PLANNING
CONSORTIUM OF DADE AND MONROE COUNTIES RATIFYING THE CITY'S
IMPLEMENTATION OF PHASE II OF THL 1976 SUMMER TEEN EMPLOYMENT
PROGRAM WHICH ENDED SEPTEMBER 30, 1976; FURTHER AUTHORIZING
THE CITY MANAGER'S EXPENDITURE OF PROGRAM FUNDS AND EXECUTION
OF CONTRACTS REQUIRED BY SAID IMPLEMENTATION.
(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
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.
45, �HGRANTSE l.
HOORIZECI Y MAN G RTO SISMTHE IAPPLICATIONS FOR FEDERAL AND
Mayor Ferre: Item *28, I'd like to modify that, Mr. Manager. It's alright with
me r,rovie e_rl, however. any time you make an application you so notify this commis-''
sion in writing and also do it verbally at the commission meeting following, the
application.
Mr. Plummer: What is 28?
Mayor Ferre: Well very simple, the Manager wants the right to apply for grants
without having to come every damned time to the City Commission to get permission.
Now I have no objections to it.... Don't explain it because I can explain it very
quickly. Very simple. Plummer, if he gets the grant obviously to get it finalized
he's got to bring it to us anyway. Why waste our time going through the whole
malarkey of it until he gets it? Now once he gets it he brings it and we'll decide
but what I wanted is I want to be informed. That's all. That's good enough.
Mr. Plummer: Do you agree with that, Mr, Grassie?
Mr, Gra,ssie; Yes, sir,
OCT 141976
k4 P1ui er: No, I Crean with the Mayor's explanation.
Grassie: Yes. It was brought up to the City Commission because we Were.
alWays asking you to approve things in retrospect, .•
Mayor F'erre: Ok, any questions on it? With those conditions and that proviso
and limitation is there a motion on it?
Mrs. Gordon: In other words what you're saying is that you'll just go ahead and
apply for whatever you can and then if you get theta you'l] let us khOW. IS that
it?
Mayor Ferrer No. He's going to let us know. Hey, there are all kinds of prografns
coming out every week by the hundreds. If he has to come here and ask this commis.,'
sion for every one of these little silly grants, LEAA to improve the latrine system
or something
Mr. Plummer: If you think this is bad wait until Jimmy C..rter gets elected.
Mayor Ferre: Well that's right and that's exactly why we want
Mrs. Gordon: So what you're telling me is that you're just going to go ahead and"
apply. Right?
Mayor Ferre: Yes, and then let us know.
Mr. Grassie: And you will approve or disapprove the grants as we become eligible
for them but in addition I'm going to inform you every time we put in an applicat-
ion.
Mayor Ferre: You don't have to get our permission, just let us know what you've
done. Ok?
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
Upon being seconded by Commissioner
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.
RESOLUTION NO. 76-919
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS
FOR FEDERAL AND STATE GRANTS, WHICH ARE TO BE RECOMMENDED BY HIM
TO THE CITY COMMISSION, WITHOUT FIRST BEING EXPRESSLY AUTHORIZED
BY THE COMMISSION TO SUBMIT ANY INDIVIDUAL GRANT APPLICATION;
FURTHER REQUIRING COMMISSION APPROVAL BY RESOLUTION PRIOR TO
EXECUTION OF ANY AGREEMENTS IN THE IMPLEMENTATION OF ANY GRANT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Gibson, the resolution was passed and'
1 4 197 6
a Cot-'
r
45. AUTHORIZE INCREASE IN SCOPE OP CONTRACT VIRGINIA KEY FILL
Mayor Ferre: 29, manager recommends Lowell Dunn, Virginia Key. Pliers)
want to move that one?
Mr. Pluither:
Mayor Ferret
is. It's the
Mr. Plummer:
I don't know, why ..•?
Because you can buy 60,000 yards of fill at 53C or 46. wrath
lowest price, it's a gift, you'll never get it again.
...what for?
i
Mayor Ferre: You need it for bermes, improvements, golf courses, the future Me
Reese Golf Course, stadium, velodrome, 1 don't know what you need it for.
Mr. Grimm: ...used at the dump for sanitary land fill.
Mr. Plummer: We're closing that.
Mr. Grimm: We're not closing it for a year or more.
The following resolution was introduced by Commissioner Gordon,
its adoption:
RESOLUTION NO. 76-920
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF THE SCOPE AND AN
INCREASE IN THE AMOUNT OF $33,000 IN THE COST OF THE CONTRACT
WITH LOWELL DUNN COMPANY FOR THE VIRGINIA KEY FILL - PHASE II -
1976 PROJECT FOR EXCAVATION AND HAULING OF ADDITIONAL FILL
MATERIAL; AND ALLOCATING THE AMOUNT OF $33,000 THEREFOR FROM
THE ACCOUNT ENTITLED "POLLUTION CONTROL & INCINERATOR FACIL-
ITIES BOND FUND."
(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
adopted by the following vote -
AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Mayor Ferre.
NOES: Mr. Plummer.
4/. CONTINUE MARINE REFUELING FACILITY CONCESSION AT WATSON ISLAND
ON A MONTHLY BASIS.
Mayor rarro: I
Now let me tell
being a year, 2
we're not going
remember this one. Let me tell you this is how these things happen.
you what happens with these 60 day deals. Sixty day deals end up
years because you know just as well as I do, Rose Gordon, that
to be moving on Watson Island in 60 days.
Mrs. Gordon: Here's another thing that worries me.
Maybe they don't want to terminate.
Mayor Ferre: I want to tell you something. I want to instruct the Manager to go
back and look at this to make sure that we shouldn't put this on a bid.
Mrs. Gordon: Yes, I withdraw my motion on that.
Mayor Ferre: That we shouldn't you know 60 days becomes three years around this
time.
Mrs. Gordon: No, and it is also because of the way it is worded it has to be a
mutual agreement.
Mayor Ferre: I don't know whether we can make $50,000 more or $5,000 or what have
It says "Mutual termination".
you. I think, Mr. Grassie, why don't you investigate this further and come back.
Mr. Plummer: Well, why don't you jsut strike with a 60 day mutual termination
notice and then it reads perfectly. Continuing the marine refueling facility con-
cession at Watson Island on a monthly basis....
Mayor Ferre: Provided, however, that the Manager comes back with a full report
on his recommendation on this item.
OCT 141976
WilMffc
EMER
1
Mra P uMMert Alrighti
Mayor Ferre: Oki Is that a1tightf Rose
Mrti, Gordon: Yes, How is it going to toad?
Mayor Ferre: It just says that it goes on a month to iionth basis Without any
proviso until the Manager comes back with the report, In other words you've got
to continue it and the Manager is instructed to cone back with a report as quickly
as possible hopefully within a month with his recommendation.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-921
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
HENCEFORTH PERMIT BERT TUMPSON, D/B/A BETTE AND BERT BAYFRONT
66 MARINA INC., TO OPERATE THE MARINE REFUELING FACILITY
CONCESSION AT WATSON ISLAND ON A MONTHLY BASIS, SUBJECT TO
TERMS AND CONDITIONS WHICH PREVAILED BETWEEN THE FORMER CON-
CESSIONAIRE, PHILLIPS PETROLEUM COMPANY, AND THE CITY OF
MIAMI; FURTHER RATIFYING AND CONFIRMING THE PAST OPERATION
OF THE SAID CONCESSION SINCE JULY 14, 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
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.
48, CITY CEMETERY IMPROVEMENT - BRIEF DISCUSSION AND DEFERRALS
Mr. Plummer: Thirty-two is my request and they've sent out specs
never consulted me on the improvements and I asked it be done so.
Alright, Plummer moves the acceptance of SOB Construction in the
., City Manager recommends.
Mr. Mayor, I tell you truthfully I want it deferred until the next
a copy of what is being done.
Mayor Ferre:
amount of...
Mr. Plummer:
meeting. ...
and got bids and
Mayor Ferre: Hey, don't waste time.
Thereupon a motion to defer until the next meeting was introduced by Commissioner
Plummer, seconded by Commissioner REboso and passed by a unanimous vote.
49. CLAIM SETTLEMENT - MAXY ALEXIS
The following resolution was
its adoption:
AND INDUSTRIAL FIRE AND CASUALTY COMPANY,
introduced by Commissioner Gibson, who moved
RESOLUTION NO. 76-922
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE
SUM OF $571.97 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF
THE CITY VERSUS MAXY ALEXIS AND INDUSTRIAL FIRE & CASUALTY IN-
SURANCE CO; AND AUTHORIZING THE CITY AMANAGER AND THE CITY
CLERK OF THE CITY OF MIAMI TO EXECUTE A RELEASE RELEASING MAXY
ALEXIS AND INDUSTRIAL FIRE & CASUALTY COMPANY FROM ANY AND ALL
CLAIMS AND DEMANDS ARISING OUT OF THE ACCIDENT INVOLVED IN 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 Reboso, the resolution was passe,
adopted by a unanimous vote.
and
OCT 141976
•ie
50, CLAIM snag - RAY LJPLZ AND KATHRYN LOU
The following resolution was introduced by Commissioner PlUbMef i Who fltWig
its adoption:
RESOLUTION NO. 76-923
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO RAY
LOPEZ AND KATHRYN LOPEZ, HIS WIPE, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $500.00 IN FULL AND COMPLETE SETTLEMENT
OF THEIR CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL
INJURIES SUFFERED ON FEBRUARY 23, 1971, WHEN KATHRYN LOPEZ
ALLEGEDLY TRIPPED AND FELL ON A PART OF THE SIDEWALK LOCATED
AT S. E. 8TH STREET BETWEEN SOUTH BAYSHORE DRIVE AND BRICKELL
AVENUE, MIAMI, FLORIDA, UPON T82 EXECUTION OF A RELEASE RELEAS-
ING 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 Gordon, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso t's<
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
51, CLAIM SETTLED' ENT - MARIE BUSH.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-924
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARIE
BUSH, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $1000.00 IN
FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING
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
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.
52. CLAIM sETILEMDII JAMES BRANCH
The following resolution 'was introduced by Commissioner P u ►ef► 0 T Ved
its eldOotI.t1t!'
RESOLUTION NO. 76-925
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO J'AMES
(RANCH, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $791.00 IN
FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING 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
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.
53, AUTHORIZE DIRECTOR OF FINANCE TO ACCEPT SETTLEMENT CITY OF MIAMI vs.
PUJST ENTERPRISES, INC.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-926
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM
OF $250.00 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITY
OF MIAMI VERSUS PLUST ENTERPRISES, INC., AND MERIT INSURANCE COMPANY;
AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF
MIAMI TO EXECUTE A RELEASE RELEASING PLUST ENTERPRISES, INC., AND
MERIT INSURANCE COMPANY FROM ANY AND ALL CLAIMS AND DEMANDS ARISING
OUT OF THE ACCIDENT INVOLVED IN 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
Mayor Maurice A. Ferre NOES: None.
54. DENYING CERTAIN CLAIMS ON RECOMMENDATION OF THE CITY ATTORNEY.
The following resolution was introduced by Commissioner Plummer, who moved`'
its adoption:
RESOLUTION NO. 76-927
A RESOLUTION DENYING CERTAIN CLAIMS AND DIRECTING THE CITY ATTORNEY
TO DEFEND ANY SUIT BROUGHT FOR THE RECOVERY OF DAMAGE:. ARISING OUT
OF SAID CLAIMS.
(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 444
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.
OCT 141976
NOES; None.
56. DEFER coLLEcTION OF ASSESSMENTS ON CEFtAIN
PROPERTIES SIMPSON SANITARY SEWER IMPROVEANT DISTRICT.
the `oliowing resolution sass introduced by COlfMissioner pluifMet
its adoption:
RESOLUTION N0. 76A.928
A RESOLUTION DEFERRING COLLECTION OF THE ASSESSMENTS or CERTAIN
PROPERTIES INCLUDED IN THE SIMPSON SANITARY SEWER IMPROVEMENT
DISTRICT SR-5391-C UNTIL JULY 1, 1980, OR UNTIL THE SAID PROP-
ERTIES ARE TAKEN IN CONDEMNATION FOR RAPID TRANSIT PURPOSES OR
CONVEYED TO A GOVERNMENTAL AGENCY IN LIEU OF CONDEMNATION,
WHICHEVER IS FIRST, FURTHER PROVIDING THAT IF SAID PROPERTIES
ARE TAKEN IN CONDEMNATION FOR TRANSIT PURPOSES OR CONVEYED TO
A GOVERNMENTAL AGENCY IN LIEU OF CONDEMNATION PRIOR TO JULY 1,
1980, THE LIENS SHALL BE CANCELLED BY THE CITY COMMISSION.
(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
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,
56, WAIVE FEE FOR USE OF CITY OF MIAMI SMALL SNOWMOBILE '(S�ECTT TOOPE JYAYCMENT OS
DIRECT COSTS)
The following resolution was introduced by Commissioner r,ardon, who moved
its adoption:
RESOLUTION NO 76-929
A RESOLUTION WAIVING THE FEE FOR THE USE OF THE CITY OF MIAMI'S
SMALL SHOWMOBILE BY THE COCONUT GROVE JAYCEES IN CONNECTION
WITH ITS FUND RAISING EVENT ON OCTOBER 16, 1976, SUBJECT TO THE
PAYMENT OF ALL DIRECT COSTS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer,
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
the resolution was passed
57, TRANSFER $1,000 FROM CONTIN':GENCY
FUND FOR PAYMENT TO - ►ORA SWAN, AS HAIR PERSON
CITY OF M1AMI ICENTENNIAL COMMITTEE
THROUGH DECEMBER 31, 1976.
The following resolution was introduced by Commissioner Gordon, who move
its adoption:
RESOLUTION NO. 76-930
A RESOLUTION AUTHORIZING THE TRANSFER OF $1,000 FROM THE CON-
TINGENCY FUND TO THE APPROPRIATE ACCOUNT FOR PAYMENT TO NORA
SWAN FOR HER SERVICES AS CHAIRPERSON OF THE CITY OF MIAMI BI-
CENTENNIAL COMMITTEE THROUGH DECEMBER 31, 1976.
(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 passeca
adopted by the following vote -
AYES; Commissioners Reboso, Gordon, 3ibson, Plummer and Mayor Ferre.
OCT 14 16
a • �,
58. WAIVE RENTAL PIE
BP/MONT VARK HUD
The following
its adoption:
FOR USE OF
IroRIUM
resolution
MINI LODGE #918 OF THE BENEVOLENT AND
PROTECTIVE ORDER OF ELKS CHARITY BALL*
was introduced by Commissioner Gibson, who Moiled
RESOLUTION NO. 76-931
A RESOLUTION GRANTING A CONDITIONAL WAIVER OF THE RENTAL FEE
FOR 1'HE USE OF BAYFRONT PARK AUDITORIUM ON DECEMBER 11, 1976
FOR THE ANNUAL CHARITY BALL SPONSORED BY MIAMI LODGE #948 OF
THE BENEVOLENT AND PROTECTIVE ORDER OF ELKS, SUBJECT TO PAYS
MENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS
BORNE BY THE CITY.
(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 afid
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.
59. 4pTHORIZE XQE ITURE OF 654, OO ��IGNNENTOFALAN
A. TAD) ROGERS
PAYMENT TO
The following resolution ••►As introduced by Commissioner nihson, who moved
its adoption:
RESOLUTION NO. 76-932
A RESOLUTION AUTHORIZING THE EXPENDITURE OF $4,654.00 AS PAYMENT
TO THE UNITED STATES GOVERNMENT FOR ITS ASSIGNMENT TO THE OFFICE
OF THE CITY MANAGER OF THE CITY 02 MIAMI, FLORIDA, OF ALAN A.
ROGERS, AN EMPLOYEE OF THE UNITED STATES INFORMATION AGENCY (USIA)
FOR THE ONE YEAR PERIOD EFFECTIVE SEPTEMBER 16, 1976, WITH FUNDS
THEREFOR 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 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.
a
b0. BRIO DISCUSSION IT::
ARESTAURANT CONCESSION AT FORMER UNDERWOOD
i RTY; �"�,
B, CO*UNICATIONS OFFICE AT CITY HAIL.
Mayor Ferre: Mr, Manager, I saw Monty Trainer around here talking. I asked hitfi
how you doing. He says I'm getting a run around from the City of Miami. We neVet
get anything done, you're never going to get that restaurant. Now I want to know
whether that's a lot of B.S. because he's a big B.S.'r you know and I want hit
here on the rug. B.S. means Bachelor of Science, dummy. Now, as I understand he
is a B.S.'r and I want him here on the rug.
Mr. Grassie: No, what he said is true, Mayor. And very frankly, until we get the
Dolphins done and until we get Southern Bell out of the way and a couple of these
other things I've got to tell you that he's going to get the run around.
Mayor Ferre: Well tell him that and tell him that until these things are done to
stop bothering you.
Mr. Grassie: I will, like I'm telling you.
Mayor Ferre: Alright, now you're going to get Southern Bell done today and the
Dolphins done pretty soon and so put him on the agenda, would you please, Joe, on
your agenda because we have got to get going on that.
Mr. Grassie: I've talked to his attorney and we have an understanding that they'r
going to make a presentation, I've asked them to do some things and they're workin,
on it, I assume.
Mayor Ferre: I've got two other things and then I'll shut up. We've been fooling
around with these boat piers, these piers back here and all this (the yankees are
winning?) you know with the pier back here. All right? Does anybody want to put
any bets on the Yankees?
Mr. Grassie: We have a lot of work that has been done on that, Mayor.
Mayor Ferre: We have to get going and finish this rate increase for the boa' yard;.
You keep beating around the bush and we never get to the alter. Let's get it. over
with.
Mr. Plummer: Whin does the rate increase go into affect?
ew Mayor Ferre: It hasn't.
Mr. Plummer: Why?
Mr. Grassie: Because you haven't had the second reading. You've adopted it on
first reading. You said that we should work with the tenants to try and res3lve
some of the questions that they brought up and come back to you with some moiifiec
suggestions for the second reading and we've done a tremendous amount of
Mayor Ferre: Yes, I know you've done a tremendous amount of work and we've aeen
sitting waiting for that for two months now. When are you going to have it?
Mr. Grassie: If we change none of the assumptions we will be ready on the 14th of
next month. What I'm suggesting to you by putting it that way is that maybe some
of the assumptions that we have are not the best ones that we could have but the
difficulty of re -doing the assumptions is that we delay it and I understand the pi ib-
lem of that.
Mayor Ferre: Mr. Manager, you do the best you can but please bear in mind that it
has been a long tough battle and we're anxious to put it to bed for a while. Now
if you have a lot of big gripes on it then you come up 6 months from now, take yot -
time, let's get this thing over with and then you come up with a recommendation or
how to change it whenever you get ready to do so. OK? In the meantime let me rel.( nd
you part of the things that we passed in this commission, you were sitting in the
audience that day that was one of your first days here, you weren't the Manager yi
but you sat through that whole rigmarole that was presented here. Now let me tell
you it was Rose Gordon's intention as mine as I recall that two things be done and
this commission and I think everybody went along with it. (1) That we earmark the
monies as Plummer put it that come out of this whole rigmarole to improve those
piers, Ok? Which we haven't been doing. We've been taking that money and it's
going to golf courses and something else. Ok? That's 41. (2) The commission
instructed you on my recommendation to get bond counsel and an expert in here and
put together a package where we're going to go out and borrow money or do somethini
1 •
OCT 14197
anc cote out With a feasibility study to go out and build two or three more piers
hich ate badly heeded and once we get these prices up I think we're going to b€2
it to afford. And I want to remind you that I don't wart to wait around for a
at before we go to market on those. And you know how it is. You've got to
Coffte up with a recommendation and we've got to choose bond house and we've got to
do this and you've got to choose an architect and an engineer and six months go
y and it's stall, stall and a year and two years and we still won't have those
piers. So that is a priority item of this commission. I just wanted to remind
you of it. Alright.
Mrs. Gordon:
... Community Office at City Hall which we didn't take up yet.
Mayor Ferre: Alright. On Cobo's list here - Communications Office at City Halli..
This is a special agenda - Cobo's Agenda,
Mr. Plummer: It's called Sneaky Pete.
Mayor Ferre: No, it isn't Sneaky Pete it's that I keep sending him little rnemor..
andums, little notes like that to put this on the agenda and what happens is he
doesn't do it so then he comes up with all this junk at the end and sneaks in.
Now you talk to him and tell him that you're not going to put up with this anymore
that he's got to come up...
Mr. Grassie: If you won't I won't.
Mayor Ferre: Well, I authorize you to tell Cobo from now on he's got to give you
these things so that they get on the regular agenda. Ok?
Mr. Grassie: Ok. I appreciate that.
Mayor Ferre: You've got it. And tell him to get a hair cut. Now, I tell you
what this deal is with. This is that $50,000 that the commission voted oh? T
think it was $50,000 for communications. What's the name of Jack... Ruth
Kassowitz. Rememb'r Ruth Kassowitz, we told you about all ....
Mr. Grassie: Yes, Mr. Mayor, and we have followed through on that. I've already
instructed the department to reorganize their budget so that we're going to have
a way of funding that.
Mayor Ferre: Joe, the point is that some people have been pointing out to me that
that office should be not only a communications office for the City of Miami,
that means the Manager's side and the Commission's side. Ok? For press releases
and the whole bit that it should also act as a liaison with Community Relations
type projects. Ok? For example, let me give you an example. Father Gibson was
there the other day, Father Gibson and I went to Hispanic Week. Now who was runn-
ing around organizing this whole thing? Ruth Kassowitz. She had the press there
and all the television cameras and people and the • • • • She did the whole
thing. She kept pushing people to sit down and let's get going and she had the
whole thing organized. Ok? You get the point? It isn't just sitting back and
writing press releases. I don't want that, I don't need that, Cobo does that.
Mr. Plummer: Let me ask you, $50,000? Why $50,000?
INAUDIBLE
Mrs. Gordon: Mr. Grassie, your microphone is off.
Mr. Plummer: Is that for all of the expenses? How much are we paying the indi-
vidual?
Mr. Grassie: We don't even have a position, commissioner. You only expressed an
intention and we established a ball park, very ball park off the top of your head
kind of a budget to try to implement what you are indicating very broadly you
wanted to implement. You're talking about at least two people at least a profes-
sional and a secretary I assume and two pieces of paper and a pencil and then some
other things you're going to want. You're going to want some publication; you're
going to want some printed material and so on.
M . Plummer: Well, before we approve it we'll get a definite figure.
Mz . Carassie Yes, ..t has to be established as a modif .cat .on to the existing bud-
get.
OCT 141976
i d 4
bl. DISCUSSION f 'I: EIF' Y SEVEN (7) UNCLASSIFIED EMPLOYEES GIVEN TERMINATION
NOTICES BY THE CIVIL SERVICE BOARD.
Mr, Plummer: Mr. Manager and Mr. Attorney, you know our secretaries as well a
total of 57 people were put on notice that they had to meet a deadline of October
12th which was two days ago that either they made application to Civil Service or
they wouldn't be paid. Now, I asked you about this about 10 days ago and you
said you had figured out a way to eliminate that problem. Now my secretary is
about ready to move into my house and starting eating at my dinner table. What
is your magic solution?
Mr. Grassie: Not magic, but there is a solution, Commissioner. We've been work-
ing with the City Attorney's Office and they assure us that the procedure suggestE
by the Civil Service Board is not something that they can legally oblige us ...
In fact, we will be able to continue to pay the employees. I have on my desk rig1
now, Vince tells me a memorandum which outlines four steps to you to get us past
this problem. Unfortunately I have been here all day so I haven't had a chance tc
get it to you.
Mr. Plummer: Well, when are we going to see it?
Mr. Grassie: I haven't seen it yet, I dictated it last night but as soon as I do
I'll get it to you. The point is that I have written already a memorandum to the
/ employees indicating that it is my intention, and I understand the City Commission's
intention that they not be dismissed and I expect them to remain on the city pay-
roll. We do, I think I will indicate to you that we have to seriously look at this.
question of what employees are classified and which are not because I do think
that we have to probably make some modifications, not all of the ones that the Civ31
Service people are talking about, but we do have to make some changes and we do
have to do that in an orderly reasonable period of time.
Mr. Plummer: What you're telling me is that my secretary and that of the rest of
the commission will, in fact, be paid as usual.
Mr. Grassie: That is correct, sir.
Mr. Plummer: That you will be jointly issuing a memorandum to the Director
Finance to pay their salaries.
Mr. Grassie: That's correct.
Mr. Plummer: Ok, that's all I need.
Mr. Weston: ... It will not be a joint memorandum, he has one that he's issuing
and it's coordinated with mine. I have one that's dictated, I haven't been able
to polish it up yet but is ready to go, probably will be distributed tomorrow.
b2. CONFIRMING RESOLUTION:
Bp AIR CONDITIONING MAI
DERN POLICE HEADQUARTERS TO
CO
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-933
A RESOLUTION ACCEPTING THE BID OF BARED & COBO COMPANY FOR FURNISH-
ING AIR CONDITIONING MAINTENANCE AT THE MODERN MIAMI POLICE DEPART-
MENT FOR ONE YEAR COMMENCING OCTOBER 15, 1976 AND ENDING OCTOBER 14,
1977, WITH RENEWAL THEREOF UPON MUTUAL AGREEMENT AND EITHER: PARTY
GIVING NOTICE 30 DAYS PRIOR TO THE AFORESAID EXPIRATION DATE, AT A
TOTAL COST OF $16,344.54; ALLOCATING FUNDS FROM THE DEPARTMENT OF
PUBLIC PROPERTIES BUDGET FUNDS.
(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
adopted by the following vote-
AYBS; Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr,
Vice -Mayor Rose Gordon
Mayor Maurice A. Fevre 1F+S
Mit
r.
OFIRMINGI WESTING CHARLES HUTTOE, CHAIRMAN QF TH CIVIL
��
ERv i GE BOARD, 'i APPEAR BEFORE �1 IEt,ITY ISSION
AND EXPRESSING THE INTENT OF THE I,ONr►ISSION T
REQUEST HIS RESIGNATIONt
May Perre passed the gavel to Vice -Mayor Rose Gordon.
The following resolution was introduced by Mayor Ferre, who M Ved
its adoption:
RESOLUTION NO. 76-934
A RESOLUTION REQUESTING CHARLES HUTTOE, CHAIRMAN OF THE CIVIC,
SERVICE BOARD OF THE CITY OF MIAMI, TO APPEAR BEFORE THE CITY
COMMISSION ON OCTOBER 28, 1976, AT SUCH TIME AS IS CONVENIENT
TO HIM AND THEREUPON EXPLAIN TO THE COMMISSION THE REASONS FOR
HIS ABSENCE FROM THE PAST FOUR CIVIL SERVICE BOARD MEETINGS
AND THE REASONS FOR HIS FAILURE TO EXERCISE LEACERSHIP AND
DIRECTION DURING THE PERIOD OF HIS ABSENCES BY HIS FAILURE TO
ADVISE THE BOARD IN WRITING OR BY PHONE OF HIS OPINIONS AND
CONCLUSIONS UPON MATTERS UNDER CONSIDERATION BY THE BOARD,
THEREBY DENYING THE BOARD AS WELL AS THE CITY COMMMISSION OF
THE OPPORTUNITY TO BE GUIDED BY THE EXPERTISE OF MR. HUTTOE;
AND EXPRESSING THE INTENT OF THE CITY COMMISSION TO REQUEST THE
RESIGNATION OF CHARLES HUTTOE AS A MEMBER OF THE CIVIL SERVICE
BOARD ON OCTOBER 28, 1976 IF THE REASONS OFFERED BY MR. HUTTOE
AT THAT TIME ARE NOT CONSIDERED ADEQUATE TO JUSTIFY THE
AFORESAID ABSENCES.
(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 passe
adopted by the following vote -
AYES: Rev. Gibson, Mr. Reboso and Mayor Ferre.
NOES: Mr. Plummer and Vice -Mayor Gordon.
ABSENT: NONE.
sm
NIB
64, ERINCY ORDINANCE:
sOUmNERN BELL FRANCHISE
Mr. Grassie: The franchise that is someplace in original in front of you is the
one that you have seen before with this one exrPntinn whi.r_h ,ua<va 1 c t46tkiti
on this afternoon, Mr. Mayor, and I want to read this to you and point out to you
what we've been working on just in the last hour. On page 5 if you have that ift
front of you, on page five I added where we talk about the base one item. :t is
a paragraph (4) under the base on page 5. What this recognizes is that Southern
Bell, particularly the Florida part of Southern Bell is in the process of testing
a different way of billing for telephone service in the future. It is not in
practice now, they're testing it for the future. The effect, if they were ti go
to that different billing process would be that they would probably cut the :ity's
base on which the 3% is charged by at least half. Now that would have the effect
of cutting our revenue in half. It is because of that possibility, it's not a
reality but because of that possibility that we have written in this last para-
graph.
Mayor Ferre: Where.... What are you talking about?
Mr. Grassie: It's on page 5. Do you have the franchise in front
Mayor Ferre: Of course not.
Mr. Grassie: I'm sorry, I thought they had passed out to you the new page. bet
me read this, if I may, Mr. Mayor,
is what the paragraph says....
Mayor Ferre: If the company in the future changes its method of billing or: a
local recurring basis...measured rate, basis for locas.... Is that what you're
talking about?
Mr. Grassie: Yes, sir.
while you're waiting for copies of it. Tiis
Mayor Ferre: Local exchange service and each change...franchise revenue bas....
(INAUDIBLE)
Mr. Grassie: I think they're making additional copies. Can I read it out loud?
This is the new paragraph. If the company in the future changes it's method of
billing from the local recurring base to a measured rate base for local exchange
service and change results in a reduction of the franchise revenue base then the
city and the company will jointly agree to adjust the revenue base to make up for
any loss of revenue. Such changed base will have the same growth potential .is
those items contained in the original franchise revenue base. In the event the
company and city cannot agree on how this reduction should be made up it is
agreed that this matter shall be resolved by the Florida Public Service Commissio..
If the Florida Public Service Commission refuses to act then the parties agree to
refer the matter to established American Arbitration Association proceedings.
Now basically what that means is that if the Florida Public Service Commission at
any time in the future allows the company to change the way in which it calcilate.
its bills the company agrees in this franchise that they will make adjustments so
that our revenue is protected and not only protected in terms of what it has been
but also established on a base which will continue to grow as the old one has
grown.
Mayor Ferre: (INAUDIBLE)
Mr. Grassie: Yes, sir, I think it takes of an eventuality which could occur and
it is important that we get it in.
Mayor Ferre: (INAUDIBLE)
Mrs. Gordon: You know that is very interesting because if they didn't tell y
about it and they did it afterwards...
Mr. Grassie: That's exactly what we were concerned about this afternoon,:
why we've been working on it.
Mayor Ferre; (INAUDIBLE)
Mr, craseie; ¥es, in the form that you have reeds
tayOr Terre: Joe, did we get the Favored Nation Clause in there?
Mr. Grassie: Yes, in the form that you have read.
Mayor Ferre: where'
Mr. Grassie: Its in the ordinance.
Mr. Clark Merrill: We did a couple of things. I'll point them out.
We took the word,"Florida", all right, in the future during the
term of this franchise the company makes or agrees to make a franchise
payment to another political subdivision or local governmental author-
ity within the company's operating area of over 50,000 population.
that is equivalent to more than (3%) of the local recurring revenues
as defined here and above or such other subdivision or authority
regardless of the items included in the revenue base of such other
subdivision or authority, the company shall expand the city revenue
base on a mutually acceptable basis or increase the city percentage
of local, recurring revenues to provide an equivalent percentage
return to the city. The company agrees to furnish to the city with-
in 30 days from the effected of any such franchise or agreement
a copy of such franchise or agreement. The city shall within 30 days
from the receipt of a copy of such franchise or agreement approve
the same by a 4/5 vote of the City Commission. In the absence of
approval by the City Commission, therefore said within the 30 days
of receipt of a copy of said franchise or agreement the city shall
have waived its rslghts askedto fordbytional SouthernaBellsethees. That last part.as
language that wa
Mayor Ferre: Let me see that.
Mr. Clark Merrill: Its on page 6. The last section is right in the
middle of the page.
Mr. Grassie: The basic intent Mr. Mayor is that they have to
notify us within 30 days and we have to accept.within further 30 days.
Mayor Ferre: What happens if they don't notify us?
Mr. Grassie: Then presumably they are incurring a liability
until such time as we catch up with them.
Mayor Ferre: Well. suppose that takes 4 or 5 years?
Mr, Grassie: You know, i feel that we'd be in a position to recover.
Mayor Ferre: Well, why don't you say so in here and why don't you
put that there would be... you know, put a penalty, that if they
don't let us know the amount doubles retroactive.
OCT 141916
•
Or
Jude M. Horton; Let me help answer that one Mayor. Mayor you
Were concerned here earlier in the meeting about whether or not
there would be any retroactive effect of this in the event we
found out about it they didn't notify us. Well, I don't think that
is necessary to put a retroactive clause in here for the simple
reason if they breach the obligation they are obliged under the
.aw to recompense us from the time they breach the obligation. NOW
the duty as on them to tell us if we found out we can charge them
back to the time they should have noticed us.
Mayor Ferre: Yea, but then the owners is going to have to find Mit
if they don't tell us.
Judge M. Horton: Well, that's true, but its an obligation on their
part. Unless you want to put a penalty in there now.
Mrs. Gordon: I'm concerned with the 30 days, because if it should
arrive at the time that this Commission is not in session like in
the month of August 30 days could elapse without a Commission Meeting.
It says Commission approval.
Mr. Grassie: Would you like to make that 60 days?
Mayor Ferre: Yea.
Mrs. Gordon: I would.
Judge Horton: Could we make that 60 days on both parts?
Mayor Ferre: Sure. We're not trying to do anything that isn't very,
very normal and nice Mack, we're nice people.
Judge M. Horton: Good.
Mr. Plummer: I just don't like thi. wording, if we can't agree that
it goes to the public service commission, which I don't like their
rules and the public service commission refuses to get involved and
it goes to American Arbitration Association, well thats a bunch of
hogwash.
Judge Horton: Where would you like it to go?
Mr. Plummer: I'd like it go right back here.
Judge M. Horton: If you can't agree with them Mr. Plummer, how are
you...
r
Mr. Plummer: American Arbitration don't work for nothing, who's going
to pay the bill? Whose going to pay the litigation?
Judge M. Horton: Generally, under the rules the parties can split':
their expense of the arbritration.
Mr. Plummer: We11,I'll tell you... Mack, you'all want that in there?
Judge M. Horton: We have agreed to that wording, yes sir.
Mr. Plummer: I just don't understand you know, if this is something
that they're doing to change the franchise, then it seems like to me
it behooves them to make the first move and I just can't see go running
off to the public service commission and say hey, yoi settle it fnr it
and if you don't like the hot potato we're go to a arbritrator.
Judge M. Horton: Commissioner Plummer, the intent of that paragraph
is that hopefully, the city and the company can resolve that issue
themselves and only if we are unable to sit down and negotiate an
•
OCT 141976
alreetfient Chats mutually satisfactory would we seek other sources
of it. We would hope that, that event wouldn't even arrise in
10 first place and secondly, if it did we would hope we Could
ettle it at this level.
M . Plummer: Are you happy with that Grassie?
Mr. Grassie: Yes, I think its reasonable Come t1fiesioner, } ede'uee it
involves joint agreement. both parties have to agree. Its reasonable
Mr. Plummer: Ok. I'll shut up.
Mayor Ferre: Good, that's the best news I've heard so far.
Plummer you want to move this one?
Mr. Plummer: Sure, I'll move it.
Mayor Ferre: What? Any more changes? We got to go to second reading
on this?
Mr. Grassie: No sir.
Mayor Ferre: Well, I'll tell you I'm going to vote for it, but I'm
going to take this home and I'm going to read it very carefully myself.
Mr. Plummer: Well, Mr. Mayor, in all honesty something as important
as this. This man is sitting here making statements that there have
been changes made... if this thing is challenged in court, I think
this commission better be able to say yes we know what those changes
were.
Mr. Grassie: We better run through every change.
Mayor Ferre: But, what he's saying now Mr. Grassie.
Mr. Grassie: There are minor changes, there are wording changes, but
I think maybe we should just quickly run through them so that...
Mr. Plummer: Are they corrected in this copy that I
Mr. Grassie: Yes, you should have a corrected copy,
Mr. Plummer: All right, tell me where they are.
Mr. Clark Merrill: Ok, on page 6, top of the page we changed the
word from contributed equipment to use of company facilities.
Mrs. Gordon: What line?
Mr. Merrill: The top line, the title. Now, that's been changed on
your copy, but the older copy have contributed equipment. We've
changed that to the use of dompany facilities.
Judge M. Horton: Ok, what page are you on?
Mr. Merrill: Page 6, top of the page., Oh I'm sorry, I'm going to
have to look at this other... my mistake. Its (4d) on the new copy
its near the bottom of the page of 6. Use of company facilities, ok
that was contributed equipment. We've mutually agreed that it would
be use of company facilities. They also added the word operable on
the light fixture. We wanted to be sure we could attach wires to th`
light. Its just the housekeeping type of changes. But they were
agreed to by Southern Bell and you should know what they are,
Mr. Plummer: What else?
have?
that's
OCT 141976
f Merrill: On section 80 which is on page 9, 8b, availability of
:cords. We added the words generally accepted, the word, generally,
AA added, Generally accepted accounting principles.
Mi', PlUtMer: Ok, what else?
Mr, Merrill: We added the words, by the city's internal and external
auditors and their staff so that we could identify who would have the
right to look at the records . We added the word, such records, and
Such records shall be retained, ok, and then on(8c) we added the words
fora and b) and removed (a) here of, and we added for (a and b) to
refer to the rate base. And, then at the end, at the suggestion of
the company, we added and our suggestion that be accompanied, this is
at the last sentence of H-- be accompanied by a statement similar to
that shown on exhibit one attached hereto and made apart hereof and
that attachment wasn't on the old ordinance thats now apart of this
one. Thats the end of it.
Mayor Ferre: All right, Plummer moves. Rose Gordon seconds.
I'm going to tell you I'm going to take it home and read it tomorrow
not tonight. And, then we'll talk about it in the future. And then
if there is any discrepancy we'll come back and review at the next
commission meeting. Further discussion. Call the. roll.
When will be the election be?
Mr. Grassie: November 23rd Mayor.
Mr. Merrill: You got another resolution setting up the election.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AUTHORIZING THE SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY, ITS SUCCESSORS AND
ASSIGNS, TO ESTABLISH, INs ALL, CONSTRUCT, OPERATE
AND MAINTAIN ITS TELEPHONE POLES, WIRES AND OTHER
TELEPHONE EQUIPMENT AND FACILITIES, ALONG, ACROSS
AND UNDER THE PUBLIC STREETS, LANES, ALLEYS, AVENUES,
BOULEVARDS AND OTHER PUBLIC HIGHWAYS IN THE CITY OF
MIAMI; RESERVING TO THE CITY THE RIGHT OF APPROVAL
OF SUCCESSOR, ASSIGNEES OR LESSEES; ESTABLISHING A
DATE FOR THE COMMENCEMENT FOR NEGOTIATIONS FOR A
SUCCESSOR FRANCHISE, PROVIDING FOR RESTORATION BY
THE COMPANY OF ANY DISTURBED PROPERTY OF THE CITY
UNDER SUPERVISION BY THE CITY; ESTABLISHING CONDITIONS
UNDER WHICH THE STREETS SHALL BE OCCUPIED BY THE COMPANY
AND FOR REMOVAL OF COMPANY PROPERTY WHEN REQUIRED;
ESTABLISHING THE RATE OF COMPENSATION TO THE CITY OF
THREE (3%) PERCENT AND A SCHEDULE OF PAYMENTS, DEFINING
THE BASE FOR COMPUTATION OF THE REVENUE PAID TO THE
CITY; PROVIDING FOR AN EXPANSION OF THE BASE OR PER-
CENTAGE IN THE EVENT THE COMPANY SHALL ESTABLISH A MORE
FAVORABLE RATE OF PAYMENT TO ANOTHER POLITICI,L ENTITY,
SPECIFYING USE OF COMPANY FACILITIES; ESTABLISHING A
RATE OF PAYMENT OF ONE (1°A) PERCENT TO BE EFFECTIVE
BETWEEN AUGUST 12 AND DECEMBER 31, 1976; ESTABLISHING
THAT THE COMPANY WILL NOT PROVIDE DISTRIBUTION FAC-
ILITIES FOR CATV OR PAY TELEVISION TO FIRMS NOT FRAN-
CHISED BY CITY; PROVIDING FOR INDEMNIFICATION BY THE
COMPANY FOR DAMAGES OCCASIONED BY THE COMPANY PURSUANT
TO ANY WORK AUTIDRIZED HEREIN; PROVIDING FOR ACCEPTANCE
flY THE COMPANY OF THE TERMS AND PROVISIONS OF THIS
ORDINANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
THE USE OF GOVERNMENTAL CONTROL OF THE COMPANY'S USE
OF PUBLIC PROPERTY, RESERVING RIGHTS AND POWER OF THE
_,viv 1 u i X v/L1 1-ri%3
dtTY TO PASS ORDINANCES REGULATING THE USE OF STREETS
STAHLISHING ACCOUNTING AND RECORD KEEPING POLICIES
AND PROCEDURES; PROVIDING FOR AN ANNUAL AUDIT, RESERV
ING RIGHTS OF THE CITY AND COMPANY UNDER ANY EXISTING
FRtANCHISES: PROVIDING A METHOD OF ACQUISITION BY THE
CITE' OF THE EXISTING PROPERTY UPON THE F,PIRATION OF
THIS FRANCHISE; REPEALING ALL ORDINA'IT S, CODE SECTIONS
OR PARTS THEREOF IN CONFLICT; AND PROVIDING A SEVER-
AEILITY PROVISION.
Was introduced by Commissioner Plummer and seconded by
Corn issioner Gibson, for adoption as an emergency measure
acid 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 Gibson, 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8585.
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.
65. OVEMBER 1SN I�IIERNO�Eu-N�RANCHISEFOR �I� MUNICIPAL ELECTION ON
Mr. Grassie: The last thing Mr. Mayor is the resolution which
sets the date of November 25 for the vote.
_ Mr. Reboso: At the October 6th meeting, the Metro Arts Commission
asked for $10,000 contribution from us and I was upset because they
only have one latin member,Maria Elania Tor no is that member. We
had a lot of conversation with Mr. Patrick Thompson, the Chairman of
the Board and they agreed that they are going ---
Mayor Ferre: Hey, look, let's get this over this.
Mr. Plummer: They can't get it now anyhow.
Mayor Ferre: Why can't they get it now?
Mr. Plummer: The buget hasn't been approved.
Mayor Ferre: Yea, but the other things were approved and voted on.
I recognize Commissioner Reboso for the right of making a motion.
What are you moving?
Mr, Reboso: I am moving that we grant them ... they say they didn't
have... Action employment with the Metro Commission they are willing
to work together with the latin community.
Mrs, Gordon: 1 want to know why we are funding Metro instead of
OCT 141976
tending our department?
Mts iteboso t The sage reason that we are funding the Day Care
enters.
Mrs. Gordon: No, but they're not doing a thing for us, why
don't we fund our own department ?
Mayor Ferre: What do you mean they're not doing a thing for
US? This is going to be a major art museum.
Mr. Reboso: They are going to have 5.000 sq.ft. Cuban Museum, its
everything from Daytona coming here from the Cuban Museum in Daytona.
Mrs. Gordon: Why don't they appoint you on the committee so you
represent the City of Miami? If we're going to give them money
why not? They a
Mr. Reboso: They already have 15 members. Maria Elania is the one.
Mrs. Gordon: Well, so... I find fault with that. Look, if we're
going to give them money I think we should have someone representing
the city.
Mr. Reboso: I prefer that you will be representing the city.
Mrs. Gordon: Who?
Mr. Reboso: You.
Mrs. Gordon: No, you.
Mr. Reboso: Let's discuss something ...
Mrs. Gordon: No, I'm serious about that. I think, I really object
to that. I object to it because its a Metropolitan Dade County func:io n
they give us nothing. They never give us a doggone thing.
Mayor Ferre: Does anybody want to second the motion made by Reboso?
Mr. Ongie: Mr. Reboso, what was that motion please?
Mr. Reboso: To give the Metro Arts Commission $10,000.
Mrs. Gordon: Why don't you wait until Tuesday morning and then Mondry
find out if they'll, you know?
Mayor Ferre: They're not going to appoint you.
Mrs. Gordon: Not me, I don't want to ----
Mayor Ferre: Or me or anybody else. The fact of the matter is, lock,
this is a multimillion dollar museum and this is going to have a
multi -million dollar budget eventually and now they're getting
$25,000 from here and $10,000 from the City of Miami Beach and they
want $10,000 from us and $5,000 Coral Gables.
Mr. Reboso: From Metro $27,000. they had.
Maio r Ferre: Does anybody want to second it, because otherwi
going to move along?
Mr. Plummer: No, I want it held over til the budget,
Mayor Ferre: All right. are you ready for the resolution?
OCT 141976
MW
MW
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1
'' luf me r:
iyOr 'erne :
Ball the
The
Plummer,
f•
I Move i t .
Plummer moves it, GOMM% seCO dS, ttir'ther disdussio ►
roll.
following resolution was introcduoed by COMMiesicrter
Who moved its adoption:
RESOLUTION NO. 76-935
A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON THE 23RD DAY
d? NOVEMBER, 1976, FOR THE PURPOSE OF SUBMITTING
TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI
?OR THEIR APPROVAL OR DISAPPROVAL A MEASURE
MOWN AS ORDINANCE NO. 8585. PASSED AND ADOPTED
Et THE CITY COMMISSION ON OCTOBER 14, 1976,
AUTHORIZING THE SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY, INCORPORATED, ITS SUCCESSORS
AND ASSIGNS,TO ESTABLISH, INSTALL, CONSTRUCT,
OPERATE AND MAINTAIN ITS TELEPHONE POLES, WIRES
AND OTHER TELEPHONE EQUIPMENT AND FACILITIES
ALONG, UPON, ACROSS AND UNDER THE PUBLIC STREETS,
LANES, ALLEYS, AVENUES, BOULEVARDS AND OTHER
PUBLIC HIGHWAYS IN THE CITY OF MIAMI, SUBJECT TO
ALL PROVISIONS, TERMS AND CONDITIONS IN SAID
ORDINANCE RECITED; DESIGNATING THE VOTING PLACE
IN EACH ELECTION PRECINCT; PRESCRIBING THE FORM
OF BALLOT; PROVIDING FOR THE PUBLICATION OF NOTICE
OF SAID SPECIAL MUNICIPAL ELECTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon, the resolution
was passed and adopted by following vote -
AYES: Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
DISCUSSION:
Mayor Ferre: Why the 23rd, Plummer?
NOES: None.
Mr. Plummer: Well, let me I'm not speaking to that. Let me speak
to something else Mr. Mayor. I hate to use the word plain, but you
are subjecting to the voters a million and a half (damn) important
dollars to this city. And, Mr. Mayor, I personally, for one, don't
want confuse that issue in the slightest degree. So, personally,
I say we go with a single issue, the sooner the better. That's just
one speaking.
Mayor Ferre: Ok, you like that Mack?
Yes sir.
Mayor Ferre: You're going to work your ail off to get this thing
passed.
: I've already had some conversation to Mr, Merrill
about some preFaration for billings sir, to educate the public, which
we hope to get approval to enclose in next month ...
OCT 14197;
i AummizE CI-1Y WAGER 'to
AMA b I sfi ING AGREEMENT"'
RICK SISSLR, LEGISLATIVE: LIAISON, TO
INCLUiE ACTIVE PROMOTIOIIAL MEASURES IN
SUPPORTING PASSAGE 'OF CONSTITUTIONAL AMENDMENT
(INCREASE AMOUNT OF COMPENSATION BY $15,0)�
Upbn roll call: Mr. Plummer. I would also like Mr. Grassie to
bring to Mr. Sisser's attention that which we passed today in
reference to funding of the alcholic program, because it will
fall in his bailiwick to help the city get additional funds for
or from legislature to implement the programs here that are sorely
needed.
The following resolution was introduced by Mayor Ferre, who
•
moved its adoption:
RESOLUTION NO. 76..936
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AMEND THE EXISTING AGREEMENT WITH RICK SISSER,
LEGISLATIVE LIAISON FOR THE CITY OF MIAMI, BY
ENLARGING THE SCOPE OF SERVICES TO BE PERFORM-
ED BY HIM TO INCLUDE ACTIVE PROMOTIONAL MEAS-
URES IN SUPPORTING PASSAGE OF CONSTITUTIONAL
AMENDMENT NO. 4, WHICH PROVIDES FOR THE USE
CF TAX ABATEMENT MEASURES AND INCREMENT FIN-
ANCING FOR THE REDEVELOPMENT OF SLUM AND BLI-
GHTED AREAS WITHIN THE STATE OF FLORIDA, AND
TO INCREASE THE AMOUNT CF COMPENSATION DUE
MR. SISSER BY $15,000 FOR SAID INCREASED SER-
VICES; ALLOCATING THE MONEY THEREFOR FROM
THE CONTINGENCY FUND PREVIOUSLY APPROPRIATED
IN THE INTERIUM APPROPRIATIONS ORDINANCE NO.
8577, PASSED AND ADOPTED OCTOBER 6, 1976.
(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
Mayor Maurice A. Ferre NOES: None.
ADJOURNMENT
There being no further business to come before the City Commissi)n,
on motion duly made and seconded, the meeting was adjorned at:
10:25 0' Clock P.M,
MAURICE A. FERRE
Mayor
ATTEST t Ralph G. ongie
City Clerk
Natty Hirai
;Aes.s taut City Cl.@r"
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I '
CITY OF M14MI
DOCUMENT
MEETING DATE:
INDEX- October 14, 1976
ITEM NOS DOCUMEPIT IDENTIFICATION
10
11
12
13
COMMISSION AGENDA AND CITY CLERK REPORT
AMENDING SECTION 3-49 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA.
CONFIRMING ORDER RESOLUTION NO. 76-789 AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR
SEALED BIDS FOR THE CONSTRUCTION OF HAMMOCK
SANITARY SEWER IMPROVEMENT SR-5411 C
ACCEPTING THE COMPLETED CONSTRUCTION WORK OF
THE INSURANCE COMPANY OF NORTH AMERICA, SURETY
COMPANY FOR G.T.F. CORPORATION, FOR THE N.W.
29 STREET HIGHWAY IMPROVEMENT
CONFIRMING ORDERING RESOLUTION NO. 76-787
ELECTING AND APPOINTING GEORGE F. KNOX, JR. AS
CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA,
EFFECTIVE OCTOBER 14, 1976
ACCEPTING THE COMPLETED WORK OF A.D.H., INC.
FOR THE CONSTRUCTION OF MIAMI MODERN POLICE
HEADQUARTERS-1974 AT A TOTAL COST OF
$5,472,991
ACCEPTTNG THE COMPLETED CONSTRUCTION WORK OF
A.D.H., INC. FOR THE PARKING GARAGE AND SITE
WORK AT THE MIAMI MODERN POLICE HEADQUARTERS.
REALLOCATING ANY UNEXPECTED FUNDS FROM PREVI-
OUSLY ALLOCATED MONIES FOR TIIE CONSTRUCTION
OF THE MIAMI MODERN POLICE HEADQUARTER BUILD-
ING UNDER RESOLUTION NO. 74-1205
REALLOCATING ANY UNEXPECTED FUNDS FROM
PREVIOUSLY ALLOCATED MONIES FOR THE CONSTRUC-
TION OF TIIE PARKING GARAGE FACILITY AT THE
MIAMI MODERN POLICE HEADQUARTER BUILDING UN-
DER RESOLUTION NO. 75-384
AUTHORIZING THE ISSUANCE OF A PERMIT TO MAHI
SHRINE CIRCUS FOR AMUSEMENT RIDES IN CONNEC-
TION WIT11 ITS CARNIVAL AT 450 NORTHWEST 37
AVENUE ON NOVEMBER 24, THRU DECEMBER 5, 1976
AUTHORIZING THE ISSUANCE OF A PERMIT TO ST.
DOMINIC'S CHURCH FOR AMUSEMENT RIDES IN CON-
NECTION WITIH ITS CARNIVAL AT 5909 NORTHWEST
7 STREET
ACCEPTING THE PLAT ENTITLED PELICAN HARBOR
NO. 1, A SUBDIVISION IN TIIE CITY OF MIAMI
COMMISSION RETRIEVAL
ACTION _ CODE NO.
R-76-890
R-76-891
R-76-892
R-76-899
R-76-900
R-76-902
R-76-903
R-76-904
R-76-907
R-76-908
R-76-913
0067
0068
76-890
76-891
76-892
76-899
76-900
76-902
76-903
76-904
76-907
76-908
76-913
WIC
RIM
ENT'I
CONTINt
'��"'�'� •,. � ----C' N RETRIEVAL
TEM NO. DOCUMENT IDENTIFICATION ACTION CODE O.
14
15
16
17
18
19
20
21
22
23
24
ACCEPTING THE PLAT ENTITLED POIN SUBDIVISION
A SUBDIVISION IN THE CITY OF MIAMI.
SUPPORTING THE ESTABLISHMENT OF A NATIONAL
SOLAR ENERGY RESEARCH INSTITUTE AND URGING
THE ENERGY RESEARCH DEVELOPMENT ADMINISTRA-
TION TO LOCATE SAID INSTITUTE IN DADE COUNTY
AUTHORIZING THE CITY MANAGER OF THE CITY OF
MIAMI TO EXECUTE AN AGREEMENT WITH METROPO-
LITAN DADE COUNTY THROUGH THE MANPOWER CON-
SORTIUM OF DADE AND MONROE COUNTIES.
AUTHORIZING THE CITY MANAGER OF THE CITY OF
MIAMI TO EXECUTE AN AGREEMENT WITH METROPO-
LITAN DADE COUNTY, THROUGH THE MANPOWER
PLANNING CONSORTIUM OF DADE AND MONROE
COUNTIES.
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH METROPOLITAN DADE COUNTY,
THROUGH THE MANPOWER PLANNING CONSORTIUM OF
DADE AND MONROE COUNTIES.
AUTHORIZING THE CITY MANAGER TO SUBMIT AP-
PLICATION FOR FEDERAL AND STATE GRANTS,
WHICH ARE TO BE RECOMMENDED BY HIM TO THE
CITY COMMISSION, WITHOUT FIRST BEING EX-
PRESSLY AUTHORIZED BY THE COMMISSION.
AUTHORIZING THE ENLARGEMENT OF THE SCOPE
AND AN INCREASE IN THE AMOUNT OF $33,000 IN
THE COST OF THE CONTRACT WITIH LOWELL DUNN
COMPNAY FOR THE VIRGINIA KEY FILL -PHASE II-
1976 PROJECT
AUTHORIZING THE CITY MANAGER TO HENCEFORTH
PERMIT BERT TUMPSON, D/B/A BETTE AND BERT
BAYFRONT 66 MARINA INC., TO OPERATE THE
MARINE REFUELING FACILITY CONCESSION AT
WATSON ISLAND.
AUTHORIZING THE DIRECTOR OF FINANCE TO
ACCEPT THE SUM OF $571.97 IN FULL AND COM-
PLETE SETTLEMENT IN THE CLAIM OF THE CITY
VERSUS MAXY ALEXIS AND INDUSTRIAL FIRE &
CASUALTY INSURANCE CO.
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO RAY LOPEZ AND KATHRYN LOPEX, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $500.00
IN FULL AND COMPLETE SETTLEMENT OF THEIR
CLAIM AGAINST THE CITY OF MIAMI.
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO MARIE BUSH, WITHOUT ADMISSION OF LIABI-
LITY, THE SUM OF $1000,00 IN FULL AND
COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST
THE CITY OF MIAMI,
R-76-914
R-7 6-915
R-76-916
R-76-917
R-76-918
R-76=919
R-76-920
R-76-921
R-76-922
R-76-923
R-76r924
76-914
76-915
76*916
76-917
76-918
76-919
76-920
76-921
76-922
76-923
76-924
1D NO.
25
26
27
28
29
3d
31
3
3
t4
3�
DOCUMENTINDEX
CONTINLI
flfrtlMFNT TflrtJTTCTrATinM COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO JAMES BRANCH, WITHOUT ADMISSION OF LIA-
BILITY, THE SUM OF $791.00 IN FULL AND COM-
PLETE SETTLEMENT OF ALL CLAIMS AGAINST THE
CITY OF MIAMI
AUTHORIZING THE DIRECTOR OF FINANCE TO
ACCEPT THE SUM OF $250.00 IN FULL AND COM-
PLETE SETTLEMENT IN THE CLAIM OF THE CITY OF
MIAMI VERSUS PLUST ENTERPRISES, INC.
DENYING CERTAIN CLAIMS AND DIRECTING THE
CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT
FOR THE RECOVERTY OF DAMAGES ARISING OUT OF
SAID CLAIMS
DEFERRING COLLECTION OF THE ASSESSMENTS ON
CERTAIN PROPERTIES INCLUDED IN THE SIMPSON
SANITARY SEWER IMPROVEMENT DISTRICT SR-5391
C UNITL JULY 1, 1980
WAIVING THE FEE FOR THE USE OF THE CITY OF
MIAMI'S SMALL SHOWMOBILE BY THE COCONUT
GROVE JAYCEES IN CONNECTION WITH ITS FUND
RAISING EVENT ON OCTOBER 16, 1976.
AUTHORIZING THE TRANSFER OF $1,000 FROM THE
CONTINGENCY FUND TO THE APPROPRIATE ACCOUNT
FOR PAYMENT TO NORA SWAN FOR HER SERVICES
AS CHAIRPERSON OF THE CITY OF MIAMI BICEN-
TENNIAL COMMITTEE
GRANTING A CONDITIONAL WAIVER OF THE RENTAL
FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM
ON DECEMBER 11, 1976 FOR THE ANNUAL CHARITY
BALL SPONSORED BY MIAMI LODGE #948 OF THE
BENEVOLENT AND PROTECTIVE ORDER OF ELKS.
AUTHORIZING THE EXPENDITURE OF $4,654.00 AS
PAYMENT TO THE UNITED STATES GOVERNMENT FOR
ITS ASSIGNMENT TO THE OFFICE OF THE CITY
MANAGER OF THE CITY OF MAIMI, OF ALAN A
ROGERS.
ACCEPTING THE BID OF MSD FOR FURNISHING AIR
CONDITIONING MAINTENANCE AT THE MODERN
MIAMI POLICE DEPARTMENT FOR ONE YEAR COM-
MENCING OCTOBER 1, 1976 AND ENDING SEPTEM-
BER 30, 1977
ACCEPTING THE BID OF BARED & COBO COMPANY
FOR FURNISHING AIR CONDITIONING MAINTENANCE
AT THE MODERN MIAMI POLICE DEPARTMENT FOR
ONE YEAR COMMENCING OCTOBER 15k 1976 AND
ENDING OCTOBER 14, 1977
REQUESTING CHARLES HUTTOE, CHAIRMAN OF THE
CIVIL SERVICE BOARD OF THE CITY OF MIAMI,
TO APPEAR BEFORE THE CITY COMMISSION ON
OCTOBER 28, 1976
R-76-925
R-76-926
R-76-927
R-76-928
R-76-929
R-767-930
R-76-931
R-76-932
R-76-933
R-76-934
RETRIEVAL
76-925
76-926
76-927
76-928
76-929
76-930
76-931
76-932
0069
76=933
76 -9 34
,DOCUMENTINDEX
CONTINUED
1'V1 NO. DOCUMENT IDENTIFICATION
36
37
CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 23RD DAY OF NOVEM-
BER, 1976, FOR THE PURPOSE OF SUBMITTING TO
THE QUALIFIED ELECTORS OF THE CITY OF MIAMI
FOR THEIR APPROVAL OR DISAPPROVAL A MEASURE
KNOWN AS ORDINANCE NO. 8585
AUTHORIZING THE THE CITY MANAGER TO AMEND THE
EXISTING AGREEMENT WITH MR. RICK SISSER, LE-
GISLATIVE LIAISON FOR THE CITY OF MIAMI, BY
ENLARGING THE SCOPE OF SERVICES TO BE PER-
FORMED BY IIIM
ACTION
R-76-935
R-76-936
CODE NO.
76-935
76-936