HomeMy WebLinkAboutCC 1975-05-05 MinutesCITY OF MIAMI
SPECIAL
MISSION
UTES
CITY POSITION ON. IRTE.RAMA
E TING HELD ON MAY 51 1975 Also SPci,at Mee,tin,g--
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Condolences in death of employee
PREPARED BY THE OFFICE O � TY THEHCIC.� TY CLERK
II, U. SOUTHCRN
City Cf enh
RALPH G, ONGIC
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MINUTES OF SPECIAL
MEETING
CITY COMMISSION OF MIAMI, FLORIDA
On the 5th day of May, 1975, the City Cornmiss.ion of
Miami, Florida met in the City Manager's Conference Room at
City Hall in said city in special session called by the Mayor
to consider business of public import. The meeting was called
to order at 2:15 o'clock P.M. with the following members of
the Commission present: Reverend Gibson, Mrs. Gordon, Mr.
Plummer, Mr. Reboso and Mayor Ferre. Absent: None. Also
present: P. W. Andrews, City Manager, John Lloyd, City
Attorney, H. D. Southern, City Clerk, Andrew Crouch, Assistant
City Manager, and members of the news media.
Mayor Ferre: This is a special City of Miami Commission
meeting called for the purpose of discussing Interama and the
City of Miami's position regarding Interama. I might say that
at the outset that tomorrow is a very important day for, I
guess what we ought to be calling the Graves Tract rather than
Interama. Tomorrow the cabinet will decide as to whether or not
a certain section of the Graves Tract owned by the City of North
Miami is to be filled. or whether the State, on the other hand,
is going to claim some of the submerged land and not permit the
filling, and therefore create a very basic problem. Now, my
personal thinking is this: The Graves Tract belongs to the com-
munity as a whole, but it belongs specifically to divergent
public interest groups. On the one hand we have a University
which needs substantially more land than it has now for it to
become a reality, and the fact that it didn't have sufficient
land in the past has really kept from being a reality today.
Secondly, we have the City of North Miami which came up with an
excess of twelve million dollars to save the property, and they
have certain rights which are basic. Fourth we have Metropolitan
Dade County, since everybody seems to be looking toward Metro to
save the land for public use in the future, and instead of having
to come back to the Legislature, have Metropolitan Dade County
be the public body to own and develop those --or at least lease
the land and have the use of it and develop it for whatever public
;:uurpose is coming. Next, as you know, we have an area which has
been declared a preserve. It is a mangrove forest, or whatever
you call it, and that's --how much is that Elton (To Mr. Gissendaner)
a hundred and thirty-five acres? The Oleta Preserve. Two hundred
acres. And last you have the poor old City of Miami, which is
left with ninety-three acres. Now, as you all know, briefly,
thirty seconds to bring us all together on the concept of this,
this property was purchased by the City of Miami umpteen years
ago. It was called the Graves Tract and it was going to be the
site for a major airport for the community. When the airport went
to Pan American Field the land was surplus, and out of that came,
through Mayor Sewell and other leaders of this community, the
concept of Interama--Dr. Walker --you all know the history going
back *o Collins and to Claude Kirk and all the governors who have
been involved, and after spending millions of dollars in filling
and design and architectural work the bond market has put us in
a position where Interama is at a point of not being a dream any
more; not being anything but what it always has been which is a
serf:.s of parcels of land, Now the question is, who gets what
and what rights does everybody have, and the problem is, how we,
on the one side, protect the City of Miami, the best interests
of the City of Miami, and on the other side work along with all
these various public groups and communities to see that they also
are served. We want to help the University. We want to help the
City of North Miami. We want to help the County. The problem is
that when you get through cutting the pie, with eight and a half
million for the City and twelve million, plus interest and what
have you, for the City of North Miami and the County wanting this,
there isn't enough land, and the real crux of the problem is simply
this; that there is not enough land, in my personal opinion, to
satisfy all the demands and all the liens and all the rights of
everybody. Now the City of Miami has a rather difficult position --
and I hate to sound critical, but unfortunately is is going to
come out that way. The City of Miami in the past took the posi-
tion with eight and a half million dollars of taking ninety-three
acres. The problem is that we don't really have a clear title to
it. We have had it researched by our own Law Department and
several other lawyers that I have talked to, including Marion
Sibley, who is very much involved in this, and the problem is that
the City of Miami does not really have a true and clear cut title
to eight and a half acres. We cannot use it in any way we want.
Ninety-three acres, eight and a half million dolIrs. There is a
series of clouds on that title. Now the question that we have to
decide today is; one, what is our position viz a viz the request
of the City of North Miami and an application before the Cabinet
tomorrow? Two; how do we best protect the City of Miami's eight
and a half million dollars, or the land that we have? And three;
how do we cooperate with the general community in either seeing
some public purpose developed on the property. I might say lastly
that when I served on the Legislature --and Elton Gissendaner and
I served together --the one thing that we voted for and the one
thing that I feel very strongly about; have, did then and still
do feel strongly about and will always feel strongly about, is
that that land must forever be kept in public use. I am completely
opposed, personally, to seeing any of that land sold or used for
any purposes other than governmental and general use. So, with
that I ask Paul to make a comment, and we will open it up, or
first we will listen to Dr. Gissendaner, if you want, or whoever
wants to speak next, and then we will open it up to questions
from the Commission and we will see what happens.
P. W. Andrews, City Manager: I have a map here to assist
the Commission so they can identify the properties in question.
It's the map that is found in the agreements. (Distributed copies
of map). The City of Miami ownership is contained in the maps
which the Commission has marked in ;yellow, which represents
ninety-two and a half acres, ninety-three acres. The question
that is before the Commission today specifically is a request on
the part of North Miami to ask the Commission to adopt a resolu-
tion, certainly interposing no objection to their application to
have their property dredged and filled, and more specifically to
request your support that the property be dredged and filled.
The one that is dotted marked NM, North Miami.
,irs. Gordon: How many acres are contained in that?
Mr, Andrews; On that we have three hundred and some -odd
acres,
Mayor 'erre:' Well, you see, the problem is tht it all
depends how you look at the land, Does it improve the submerged
MAY 5?I975
land, or doesn't it improve it; so that's where our problem is.
Mr. Andrews: I think in this case it includes --this is all
land that is mangrove --.or a portion of it is in mangrove --and I
don't think there is any submerged as such, as we have identified
it.
Mr. Plummer: Do they have a clear title to that?
Mr. Andrews: Yes.
Mayor Ferre: They have a much clearer title than we have.
Mr. Andrews: My contention --and we had a recent meeting
in the County Attorney's office in relation to Interama--my con-
tention is that the City of Miami, particularly in June of 1972,
further subordinated its position when it had a lien on a —far
more acreage than it does now, in terms of the whole center site,
the college site, and I belive the Oleta River area, and possibly
the City of North Miami tract, in which its eight and a half
million dollar lien was placed against all of those properties.ln
June or July of 1972 the City of Miami, based on presentations
made in order to foster the whole concept of Interama and accom-
plish particularly the University going ahead on its tract, that
we accept the ninety-two acres and an eight and a half million
dollar lien against those ninety-two acres in place of a lien
against all of that property. Now, it's my contention that those
presentations were made to the City Commission on the basis that
we were going ahead with Interama. If we are not going ahead with
Interama, and we are at this point deciding who has title and
rights to the property, then our eight and a half million dollar
lien should apply against all that property that existed prior to
1972.
Mrs. Gordon: A point of information, Mr. Andrews. The lien
you refer to, are you speaking of a deed? Do we have a deed to
that ninety-two acres?
Mr. Andrews: Yes, and Mr. Lloyd can ---
Mrs. Gordon: Well, I can't call a deed a lien, in the sense
that a lien is something else again.
Mayor Ferre: We originally had a lien on all of the land.
A City of Miami Commission ---and I forget when it was --dropped
that lien against the land in lieu of the ninety-two acres that
were deeded to us and which we have a deed, but the deed has all
kinds of restrictions as to how we can use it, and gives Interama
or the succeeding body in this case, which would be Metro, the
right to go in and develop it and do a whole bunch of things, and
what we can and cannot do with the property. So it is not a clear,
clean title to the property so that we can develop it in any way
we want. Secondly, we have eight and a half million dollars due
us, and that begins to be paid in 1976, and it will basically be
'al' aL the rate of six hundred thousand dollars a year, and that
would take fifteen years for the City of Miami to be paid.
Mrs. Gordon: A question again for information. The payment
of the eight and a half million, as you stated, in annual payments,
would be in return for what? If we receive the ninety some odd
acres it is my understanding that we receive that in lieu of ---
MAY 5! 1975
Mayor Ferre: They have got a right to recapture it, see,
which is why it is clouded.
Mr. Andrews: And we can't really develop the property.
Mrs. Gordon: We have no choice in the matter?
Mr. Andrews: We signed that away.
Mrs. Gordon: In other words, if Interama were developed as
it was originally intended to be, that would then be effective.
However, in this case we are not in that posture at all.
Mayor Ferre: That's what we have to decide today. That's
the substance of the matter.
Mr. Andrews: Now, caught up in this whole matter, then, is
North Miami, who has title to this three hundred and fifty acres
as a result of the twelve million dollar bond issue that they
floated to participate in the Interama in exchange of that
twelve million dollar right for the property they received now
are before the I.I. Fund wishing to dredge and fill their prop-
erty so they can go ahead and use it for whatever purpose they
intend, which I understand is a golf course and some other recrea-
tional purposes, and we can resolve that question today, or you
can go beyond that and examine other aspects of the whole Interama
crises. Now, I'd like for Mr. Lloyd to clarify so it is crystal
clear that we do have a deed, but some of the restrictions in that
deed, and relate that to the position we had prior to receiving
those ninety-two acres with those deed restrictions in it; the
lien we had on the property.
Mrs. Gordon: In other words, Mr. Lloyd, do we have a choice
of reverting? Is that what you are saying?
Mayor Ferre: Rose, let's ---
Mrs. Gordon: All right, I won't ask any questions, then.
Mayor Ferre: No, no. I will recognize you as soon as --I
would like to see Mr. Lloyd make a statement legally as to where
we stand, and then if somebody from the City of North Miami wants
to speak, or Dr. Gissendaner, and then we will get into Commission
questions.
Mr. John Lloyd, City Attorney: And clarify each situation.
First, finally, as a result of many things, which included a
court decision and opinion by Circuit Judge Falk in 1969, the
City of Miami had a vendor's lien for about seventeen hundred
acres, with the exception of the three hundred sixty acres which
the City of North Miami received as a result of payment of the
twelve million dollars pursuant to their bond issue. Now, then,
subsequent to that time the City of Miami entered into an agreement
by virtue of which the City of Miami agreed to release this vendor's
lien f:'r a quit -claim deed, which was subject to the following
terms ana conditions. I say a quit -claim deed. I might say in
essence it is a quit -claim deed, but with these conditions in it
it really is not even a full quit -claim deed, as you probably
will cealize when I show you the conditions, Miami could not
develop the premises as long as Interama was current in certain
payments, and then Miami would have a first lien against the
proceeds of any leases and revenues, and that is at any time
N .aMi was -r-,_
MAY 5 - 1975
Mrs. Gordon: On which property?
Mr. Lloyd: On the ninety-three acres. That's that parcel
in yellow you see there (Indicating on map). And then at any
time from time to time, if Interama was in arrears on the payments
Miami might use and develop the appropriate portion of the land
which would be determined that the payments were --which would be
permissible under Florida Statutes 554. That's the Interama
statute.
Mayor Ferre: John, there is a key date there which I want you
to mention. There is a date that says we can't do anything until
1977 or 78.
Mr. Lloyd: 1976 I think. That's in the agreement. The
agreement was that the Interama has the right to use that property
and they have to begin devLlbpment by a certain key date. The
Authority, that was Interama, agreed to pay Miami the indebtLdness,
eight, point, five million dollars, together with interest at the
rate of five per cent. per annum, beginning on July 1, 1976. Now,
then, it would be paid in semi-annual installments of three
hundred thousand dollars a year, the first installment to be due
on January 1, 1977, and then the payments will be made from the
available cash of the Authority. So, you see, there is nothing
due, really, in so far as installments go, until January 1, 1977.
Mayor Ferre: Excuse me, but for clarification purposes I want
to make a point here. Here is what the Legislature is getting
ready to do to us in this bill that you have seen, and that the
Governor is supporting. There are going to substitute in Section
7, I think it is, for the word Interama they are going to substi-
tute Metropolitan Dade County, which means that the Legislature
would then turn over the same right that Interama previously had
to Metropolitan Dade County, and that is one of the things that
puts us in a bind, because to put it very bluntly and succinctly,
that's a very bad deal for the City of Miami, and it ties us to
all these considerations.
Mr. Lloyd: I have no other things to say. I think I have
explained that so far as it needs to go, unless you want further
analysis of this bill. I have the bill here.
Mayor Ferre: Can we, in your opinion, as the City Attorney,
place a lien on all of the property, on the premise --and I am
subscribing to the theory --since it was all done on good faith
on the basis that Interama was going, as Mr. Andrews has stated.
Now that Interama is not going to go, then we revert and say that
whatever we signed was no longer valid and we go back to our
procedure of the vendor's lien against the totality of the property?
Mr. Lloyd: In my opinion, no.
Mayor Ferre: Why not?
Mr. Lloyd Because of the consideration set forth in the
agreement, which provides in essence that we release our vendor's
lien on the entire portion of the property for this quit -claim
deed for this ninety-three acres, with a specific method of pay-
ment, Now, the only thing in the agreement which refers to what
MAY 5
you have spoken about, Mayor, is this: In the Whereas clauses,
which did inticate the intent of both the Commission and the
Authority, that Interama would proceed, but if you will examine
the agreement carefully, the March 15th agreement ---
Mr. Plummer: Mel Reese should be here. Mel Reese is the
one who came before this Commission ---
Mr. Lloyd: This is the agreement which led to the deed.
Mayor Ferre: If that's the case then that changes the whole --
then why did he sign these documents? Who signed that document
for the City?
Mr. Lloyd: Mel Reese signed the document, signed the agreement
and the release•of lien on the basis that the agreement required
him to do so.
Mr. Plummer: Let's get to the point, then. Do you recall
what I recall?
Mayor Ferre: Before you get into that --and I'll recognize
you in a second --I want to make this simple statement to all of
you here. We have got two things before us, and I hope we don't
end up confusing them. One is, what is the City's posture viz a
viz the City of North Miami before the Cabinet tomorrow to request
a fill permit. In my opinion, I think the City of Miami should
support the City of North Miami in their request. That's one.
Now we have got the more serious question, which is what legal
posture do we take before the courts, or before the Legislature,
because we are going to be legislated out, as I see it. That's
a separate item, and I think, since it is separate, we should try
to keep it separate here today.
Mr. Elton Gissendaner: The theory behind the contract was
that the City of Miami was to request the underwriters that the
title to the land had to be cleared before the bond indenture
could be sold by the authority. Those ninety-two acres were
selected pretty much --and everybody agreed that was a good site.
The marina site that had been previously leased to Merrill
Stevens and had been validated by Judge Jack Falk. The litiga-
tion occurred in early 1970. Everybody thought that since the
Merrill Stevens people had a valid lease at that time that that
would be the most palatable piece of property for the City of
Miami to retain. It was appraised by Mr. Slack at so much an
acre, including the provision per acre of water covered plan that
would be used for docking, and it was computed at five per cent.
interest over a period of --your eight and a half million at five
per cent. interest came to about thirteen and a half million,
and this piece of property, according to Mr. Slack was worth
thirteen and a half million dollars. Now, let's get to the re-
strictions and conditions of this agreement. The conditions
provide that the Authority would have until January 1, 1977, to
do something with the property in accordance with this over-all
plan, and if it did so any revenues derived therefrom would go
directly to the City of Miami toward the payments, which were to
star;: figuring on July 1, 1976, with the first payment due
January, 1977. The agreement further provided that if the
Authority did nothing with the land by January 1, 1977, its
right to develop would expire and the City would —the Authority
could no longer develop it; the City would not allow it. So,
,� MAY 5 r 1975*.
now, the limbo areas not provided in the agreement is that what
happens if, number one; no payments are made, and number two; no
development is made by January 1, 1977. That was not answered
and not anticipated in the agreement. I have been told by at-
torneys that you have what is known as an unanticipatory default.
Mayor perre: That's regarding the ninety-three acres.
Mr. Gissendaner: Regarding the ninety-three acres. Now.
as it relates to the over-all picture, it is not my recollection --
I could be wrong, and the minutes would certainly clarify it --
that if it is not provided in the agreement --I think the Authority
even now has a right to do that, however by our agreement
we have talked about this at times with the Manager, and one thing
I must defend Mel Reese in at this point: Mel Reese did not sign
the agreement readily; he did not want to sign it; it was only
after many, many months of us calling and calling and urging that
finally, just before he resigned, he signed the agreement. And
the reason he finally consented was because he realized it was
holding up any hopes of the Authority to get a bond issue if the
agreement wasn't. So he signed it. I do not want to saddle Mr.
Reese with that. As long as he was with the City he did not want
to give up that.
Mr. Plummer: I am not finding fault with him. All I was
saying is he is the one who negotiated it with you and he is what
I feel should be here to discuss it.
Mr.. Gissendaner: I think that the agreement was negotiated
directly with --and the minutes will reflect --on the floor of the
City Commission meeting, at which time we had Mr. Al Chapman and
Mr. Sibley and the whole stable of prominent people in the com-
mittee urging you in the name of the Bicentennial and in the name
of this project to do this, and the City Commission in its wisdom
decided at that time to do it. I do not believe there was ever
any talk or consideration of replacing any automatically, or
anything like that. There were two oversights in the agreement.
One was in the event of default, what happened, and the other was
in the event of default what happened to the lien, and
May I point one thing out that is totally related to this property?
We have now determined that there is only about sixteen hundred
and fifty acres. it had never been surveyed. The reason we can't
determine exactly how many acres there is is because the mangroves
lean out over the Oleta River and we can't determine the exact line
of the Oleta River from an aerial and it has never been physically
surveyed, so it is, of coursed a minor situation, but we think
there are about sixteen hundred fifty acres that belonged to the
City of Miami. I think it is important to note that when you
bought the property and up until 1961 it was all mangroves except
a small area just east of Biscayne Boulevard running the length
of the property which was old farm land and on which there was an
old dump site, which you can see; so I would say there are only
approximtely a couple of hundred acres of the property that was
not '.::a_ is now, it wasn't in those days, called endangered land,
but is today, in our way of looking at things endangered land. Now,
had Dr. Muskat and his Authority not filled the center site of
six hundred eighty acres, then the City of Miami would have about
two hundred acres of non mangrove land today, assuming they hadn't
done something with it. I just throw that out to try to add to the
perspective of the situation. Now that the land has been filed,
MAY - 1975
of course it is quite valuable. Let me make one other comment to
the City of North Miami to try to clarify this. I would hate for
Mr. Casey, who is here as the City Manager of North Miami, to lose
his situation in the discussion of the Authority's business with
the City, and I would ask that the City Commission settle that
matter as soon as possible, if you don't mind, before you get into
the other. Mr., Casey might lose his situation in this other dis-
cussion. Let me relate to you:, because I think it is important
for you to understand about the three hundred fifty acres that
North Miami has. In 1970, when the people passed the general ob-
ligation bond issue the referendum called for the use of a part of
the land, or part of the land, the referendum said part or .all of
the Graves Tract for recreational purposes ---
Mayor Ferre: You are talking about the County -wide referendum?
Mr. Gissendaner: No, the City of North Miami. In March of
1970, after Judge Falk had declared a default on the while side;
it just said that sufficient land could be sold off to pay the
bondholders. The City of North Miami, after having put the sewer
system out there and it owed something like three and a half million
dollars, we asked Judge Falk to give us an opportunity to pay those
bonds and not sell any of the land on the courthouse steps, and he
gave us about four weeks. We called a quick general obligation
bond referendum in North Miami, and the referendum read that nobody
knew what was going to happen to acquire part or all of the Graves
Tract for recreational purposes. North Miami passed that. We de-
livered the twelve million dollars to the bondholders, and we de-
cided that three hundred and fifty acres of the Graves Tract would
be an equitable price for the twelve million dollars. We provided
that the City of North Miami select the three hundred and fifty
acres from the unfilled portion; not from the center site, so they
selected that which was closest to the City and the most easily
reachable by the citizens of North Miami, which was three hundred
and fifty acres in the southwest quadrant. Now at that time the
National Environmental Protection Act and the Water Quality Act of
1970 in Congress had not become effective and there was no federal
legal restrictions on the use of that land for recreational purposes.
Shortly after the closing, however, these other environmental con-
siderations came into play, and when the City of North Miami
decided to start building the golf courses and the recreational
area they couldn't use it; and they have been paying three mills
in taxes since 1970, over six million dollars now, for that bond
issue and have not had a chance to use a thing. Not two years
ago the City developed a plan for the use and submitted it to the
Trustees, which involved filling most of that three hundred and
fifty acres, digging lakes for golf courses, etcetera. The
trustees turned it down and it has been hanging in limbo for two
years now. But the City of North Miami about a month ago decided
on the basis of its recommendation from the Council that it would
go ahead and pursue its administrative relief through the Trustees
and force the Trustees to say yea or nay, so then they could go to
court if they lost; and that is the situation that faces the City
tomorrow in Tallahassee, and that's why you were asked to please
support the City's position in Tallahassee before the Trustees to-
morrow, because it seems only morally right that they either use
their land or get some other land.
1975
Mrs. Gordon: How much of
Mr. Gissendanert In the
basically what is endangered,
that three hundred acres
l s-
City? I can show you on the my
just a rough line ---
Mrs. Gordon: In acres, it's roughly two hundred acres of
endangered land of the three fifty, and it runs --these are
mosquito ditches here (indicating) which drain the land, and it
drains through two culverts at 135th Street here (indicating on
map) That's where the tidal flow occurs. On a line approximately
from this point down to this point (indicating) is all -- well,
it's unfortunate for North Miami --of the finest mangroves in the
North American continent. The specimen mangroves are there. The
plan that North Miami has involves filling all but about sixty
acres, which saves the best of the two hundred acres. The City
realizes that they have to preserve some. Now, that's what is
before the Cabinet tomorrow. If the Cabinet turns down this permit
then the City has authorized its special counsel in Tallahassee to
file in the Supreme Court, or I guess the Circuit Court in Dade
County. or maybe it is Leon, forcing the Trustees to grant the per-
mit because the land was purchased under a bond indenture. Now,
I tried to fill in the background for you.
Mayor Ferrer Now, is there anybody from the City of North
Miami who wants to make a statement at this time?
Mr. Casey: I am Larry Casey, City Manager of North Miami.
Elton, I think, has filled you in pretty well on the situation.
I would like to correct one point, however. The City has been
trying to negotiate with the staff of the I.I. Board to try to
develop this golf course. At one time we did submit a plan which
would provide for the preservation of, say, a hundred acres of
those red mangroves, and we reduced the size of the golf course
from thirty-six holes down to twenty-seven holes, and the application
that the City is going before the I.I. Board tomorrow with, and
requesting that it be approved is for permission to develop the
entire three hundred and fifty acres. Dbw, it is the Council's
intention, should it get that approval, to try to design the golf
course in such a manner that it will preserve as much of the man-
groves as possible. However, they want the entire three hundred
and fifty acres, as was promised to them in the bond issue, and
we would certainly ask that the City of Miami support the City of
North Miami in its efforts to get this application approved, and
although you don't want to mix the two, I think it is important
if Interama goes defunct the only thing that all of us who have
interest in this property we have left is the property. If we
get our three hundred and fifty acres it is going to make that pie
a little bigger for the rest of the agencies involved to try to
support the investments they have, and I think it is important --
Mr. Plummer: I notice in the records which I have here,
which are not complete, a resolution authorizing and directing
the proper officials of the City of Miami to execute an instrument
entit'cd InterAmerican Environmental Cultural and Trade Center
Declarat-on and compact, to be joined in by the Inter -American
Center Authority, the City of North Miami, Third Century U.S,A.,
Florida International University and Metropolitan Dade County, a
attached hereto and made a part hereof, Now, what did you
ente into with this joint agreement?
MAY 5 -1975
Mr. nissendaner: That Compact has no legal force and effect.
That was just a statement of --you know, in the past the Authority
had always had the problem of getting the community behind it.
The Compact was put together to show for one time unanimity and
this community behind this project, and so every body pledged,
the parties you just mentioned, pledged to get behind this project
and see that it was carried out.That was the purpose of this Com-
pact. I'll have to say, if you want to address it to Wall Street,
it was very significant to the Authority and to the Third Century
people to get this kind of feeling of everybody being behind the
project- everybody getting together for one time, but it has no
force of law and effect.
Mr. Plummer: While you are on your feet, also part of this
here --we endeavored to get the agreement worked out where the
City would have a quit -claim deed to part of Tract X, and also a
quit -claim to J and K.
Mr. Gissendaner: )dbu will have to understand that there was
a supplement agreement for that, Mr. Plummer. I believe the
subsequent agreement clarifies what he just asked me.
Mr. Lloyd: Is this the one dated March 15th?
Mr. Gissendaner: I can't remember everything ---
Mr. Casey: There was a subsequent agreement dated March 15th
of '73. That's this one here (indicating).
Mr. Lloyd : Yes, I have got it right here.
Mr. Plummer: Well, here's my question. How does the City
of North Miami. --and I understand they have put up twelve million
dollars in bonds and they are out on a limb the same as everyone
else: -but how are they entitled to any tract of land without any
shading or clouding of the title, but the City of Miami, the
original people, find ourselves in a position with a clouded title?
Mr. Gissendaner: I want to answer it morally and you can
answer it legally (to Mr. Casey). Morally, the people of North
Miami will lay out twenty-eight, point, nine million dollars for
that land that fronts on
Mr. Plummer: But that's after the fact.
Mr. Gissendaner: The City of Miami laid out -----, four
hundred fifty thousand dollars, approximately in 1946, I believe,
or 47, and if you count or compute and compound the interest I
believe you will find that four hundred fifty thousand dollars
compounded to date won't reach eight and a half million dollars.
That's the moral answer. I can't answer legally.
Mr. Alan Kahn, Assistant County Attorney: Yes, sir,
the Juno agreement that you referred to was rendered void in March
15, 17:. As to why the City has clear title, at this point the
agreement is in such a manner that it cost them twelve million
dolli.:rs and they bought the land; and if in the event there was
MAY 5 197;
ever any proceeds from the Authority, then they would get paid
back. The City's agreement was such that --the City of Miami's
agreement --was such that they had the right to use the land
only if the Authority did not make the three hundred thousand
dollar semi-annual payments commencing January one, and then
only such portion of the land as equalled how much the Authority
would be in arrears, so that --and in addition, each time they
used a piece of that land that would constitute payment back of
the three hundred thousand dollars; so that the Authority never
agreed to pay back the City or to give the City a clear title
and pay them back the money. And that's really the difference
of who made a better agreement.
Mayor Ferre: Amen.
Reverend Gibson: I get very emotional about all this busi-
ness that affects the City of Miami. Every time we get into a
deal we get the short end of the stick every time. Every agree-
ment that we have gone into we end up -----. Now, I appreciate
letting the City of North Miami out. I understand their problem
but, heck, what about us? Why is it that we are going to always
be the grandfather and the Christmas gift, and all of this busi-
ness. Somebody needs to bear this burden with us. Nobody gives
a damn about the City of Miami when the chips are down. Everybody
goes to work and says, you know, i saw Miami Beach do this to us
in that sewer , and you know, we come in here and we who
represent the City of Miami, we just, you know, it just hurts my
very soul and it goes to my guts. I thought I had better put that
on the table. Now, 1 want to agree with you, sir; the other
fellows have been much better bargain makers than we have been,
but this is the 5ch day of May, 1975, and I want to admonish my
fellow Commissioner: that we had better get some starch in our
backbones and start being good bargain makers, too; because it
really sickens me. And let me go to the other: If we had the
original piece of land, and the other --- just came on for the
ride, it looks to me like the original people ought to have some
sort of•equity, but if I hear what I think I hear we won't have
anything. We would have given everything that the people of the
City of Miami had. We would have given it away. And I want to
promise everybody today, I am not, I ain't in no mood for that
today. This is the wrong day for that kind of a bargain.
Mr. Gissendaner: I am in an adversary situation here, and I
want to clarify it. I am the one that came to the City and said,
look, Miami isn't getting a good deal out of this if we go out of
business, and let's do something about it; so I want everybody to
understand tht I am on your side. I am just trying to get the
facts out ao you will understand the progression of the things
that happened. The eight and a half million which was placed on
it was just an arbitrary figure by the Authority in 1960 when it
was transferred to the State with the vendor's lien. The City
had tried so sell the property in 1949 for a million dollars. On
a three to two vote of the Commission at that time it failed to
sell it. So ten years later they put an eight and a half million
Sol' rlce tag on it when it was transferred to the State, aid
that's how you got your lien.
':rs. Gordon: t.Tc°.,r, this is important, because there is ap-
arer.tly some misunderstanding as to why we got the deeds, and so
so forth. There was a point in time when Interama looked
1,se it could becoms a reality. At that time --it was in June,
the beginning of June, 1972. At that point in time we had an
MAV _ 'ln7r
eight and a half million dollars lien on a large tract of land, a
portion of which was scheduled for development, which needed to
be financed for that purpose. The City of Miami was asked to
cooperate to the extent of subordinating its lien, which took a
second position, almost as a second mortgage, in effect, on that
part of the property that was being released by subordination.
In lieu of that, Mr. Reese's recommendation --and I am reading
from it --was that we would be in a more secure position --and I
agreed --and do agree that we were, and are --by accepting the
deed to ninety-two, plus, acres of land, even with certain re-
strictions, which I just read, and which in my opinion --now I am
not a lawyer, but it doesn't seem very complicated --the restric-
tions are abdicated at a point in time not in the too far distant
future, simply because Interama is going under, and so consequent-
ly we are in a position of, with clouds, so to speak that are not
very heavy clouds. They are very light clouds, in my opinion.
And so now the alternative for us to consider is do we want
ninety-two acres of land or is somebody ready to pay us eight and
a half million dollars; and if it is a matter of this or that,
then we Commissioners have to decide what we want. Is that right?
Mayor Ferre : L would agree with that statement.
Mrs. Gordon: But I don't think any mistakes were made in
1972, and I think at this point in time we are not in a bad posi-
tion, unless nobody has the eight and a half million to pay us.
Mayor Ferre: I would like to recommend that this body take
these subjects up separately, and the first thing we ought to
take is whether or not the City of Miami wants to go on record
in backing the City of North Miami tomorrow at the Cabinet in
their request to fill the land. I want to express my opinion.
My opinion is yes; for many reasons --and I am thinking not only
of the City of North Miami; I am thinking mainly for the City of
Miami. If we can get that land filled obviously the value of the
land is enhanced'and improved, and obviously then the burden of
all of us vultures, if you will, in the government trying to pick
what is left and get whatever pieces of land we can out of the
carcass --there is going to be considerably more to pick from the
land that is left, and I think we are all in a better position.
That, briefly, is how I feel about their application. That has
nothing to do with the rest of this as to what our legal position
is and what our posture is and what we do beyond that.
Reverend Gibson: Before I vote I want to say this: I admit
I am a little den:,e and I don't catch on very fast, but if we
are going to --if we --the eight million dollars with ninety-three
acres and twelve million dollars with three hundred acres, you
know, I ac:,mit my mathematics says one hell of a story there; so
I am not opposed to you; I just want to make sure that when we
make that. kind of statement to us, I don't want you to think that
we don't hear it. I heard it.
Mr. Lloyd: Perhaps I can clear some of this up, Number one;
as I understand it from reading the appropriate section of Chapter
554 it merely recognizes a vendor's lien in the amount of eight,
fve million dollars in favor of the City of Miami, which
1--} final judgment rendered in Inter -American Center Autho rity-
Metro.)olitan Dade County versus the Florida National Bank and
True;: Company, et al, all that does is recognize a vendor's lien.
i2f at.. is all. I haven't yet seen any manner of repayment of that
MAY 5 1975
vendor's lien,
Mr. Reboso: Mr. Lloyd, actually what the City paid for that
land was how much?
Mr. Lloyd: Four hundred fifty thousand dollars.
Mayor Ferre: But you can't look at it that way.
Mr. Lloyd: No, but let me also ---
(Brief informal discussion - inaudible)
Mr. Lloyd: But, secondly, there is outstanding, according
to the information I have here, which is in one of these agree-
ments; I think in the 1972 ---
Mayor Ferre: Mr. Lloyd, let me interrupt you again, and
let me say that as Chairman of this meeting I would like to, at
this point, limit the discussion that we are now in to whether
or not we will support or not support the City of North Miami.
Mr. ERboso: I think we have been very, very lucky that our
Mayor has been a member of the Interama Board for so many years.
At this point I think we should follow the recommendation► and
at this point I would like to move that ---
Mrs. Gordon: May I ask a question? Has there been a position
taken by the State with regard to the of the mangrove area?
Mr. Gissendaner: That was recommended. Mr. Jay Landers
recommended against the permit on environmental considerations.
(Brief informal discussion - portions inaudible)
Mayor Ferre: The problem is that if they do not get that
right, and suppose they lose it in court, then the pressure is
going to be that much stronger, because here is another group of
people who say they have got twelve million dollars coming, you
know, opposing the City's position; and all I am saying is that
if that land is permitted to be filled then that at least relieves
these people and gets them out of the picture, hopefully, and it
will be one less governmental entity trying to pick off the land.
Mrs. Gordon: 'bu have almost two hundred acres of land that
is filled. Is that correct?
Mr. Gissendaner: No; there is approximately a hundred and
fifty acres --there is no filled land that North Miami owns, none.
There is approximately a hundred and fifty acres that is not
environmentally endangered. It has to be filled. The ninety three
acres that. the City has is totally filled with water and sewers
and roacis,ready for development.
. Gordon: Just for information, is there any other portion
of idnd within the tract that perhaps North Miami could receive In
lieu of filling that land?
MAY 5 s 1975
Mr. Gissendaner: Yes. We have identified approximately
a hundred and thirty-five acres of land that could be perhaps
transferred and used for recreational purposes, but until this
permit thing tomorrow gets passed nobody knows where we stand;
whether we will have the right to use the three hundred fifty
or a hundred and fifty, or what.
Mrs. Gordon: My personal opinion and feeling is that we
not want --none of us wants to fill that mangrove swamp; that we
support whatever avenue has to be taken by your city to receive
some other land that would not be endangered to the same amount
or a similar amount of land. I don't even know who owns it or
where it is, or whose claim is on it and whose is it. But this
would be my personal feeling.
Mayor Ferre: I'd like to say that I subscribe to that
theory, but I want to point out what the problem is --and I see
Mr. Kahn is laughing, and what he is laughing at is this; that
it affects the County, because what happens is that if North
Miami cannot fill their land and get their two golf courses then
North Miami says, well give us some of the County land, and then
the County says, you know, we want the City's land.
Mrs. Gordon: What has the County invested to get that land?
Mr. Kahn (?): We are obligated -for a seven, point, four
million dollar bond issue; a million, seven in cash that has al-
ready been spent, plus interest on both of those.
Mrs. Gordon: Isn't all this land supposed to be in the public
interest?
Mr. Kahn (?): Commissioner, we have worked out a plan where
Mrs. Gordon: Why can't our plans be coordinated?
Mr. Kahn (?): It all depends on the City of Miami.
Mayor Ferro: The problem is --and let me speak to your plan.
I was hoping to avoid this at this time, but I guess we.are not
going to be able to do that. Let me tell you, I am opposed,
personally, to the plan as described by Dennis Carter the other
day. Basically what the County is proposing that the City do is
to give up our property and take another ninety, some -odd acres
across the river, but as far as I am concerned that is nowhere
near equal property. It goes back to the simple problem, Rose,
that there is not enough land available to satisfy all of the
people that have got claim to it, and all I am saying is, By God,
we have got ninety-three acres; we are not about to give up our
ninety-three acres, and we are going to try to perfect our title --
this is my personal opinion --or get paid eight and a half million
dollars. Now that's another subject, and the reason it touches on
this one that we are now discussing is that from a practical,
prao•na=-ic point of view, unless the Cabinet allows the filling of
that land, it just creates an additional squabble that is going to
be rontinued between the City of North Miami, the City of Miami5
1,M 5=197
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F.I.U. and Metropolitan Dade County.
Reverend Gibson: Then what Theodore Gibson said was no
fiction; and I keep saying --this bothers me --every time people
come to us, everybody has in their head an agenda that we don't
know one thing about, and then later on come in and says, City
of Miami, zap, you got it. Now I am for helping them, because
the Mayor says this is what ought to be, but, man, I just think
that we who sit on this Commission should either cut bait or
fish.
Mr. Plummer: Mr. Mayor, let me say at this time that I
think we are being asked on a rush basis to go into some kind of
a proposal --and I realize that tomorrow is the application of
North Miami before the I.I. Board --but I am telling you that I
am looking at a stack of things here that just ain't quite the
way that I am hearing things being said here, and, you know, I
come back here and I keep getting back --there were very early
negotiations with North Miami as far as the site that North
Miami would like to use as far as borrowing sewer bonds. They
wanted something to be made available for that. The County at
all times, to the best of my knowledge --and this is Mr. Reese
speaking --to the best of my knowledge the County at all times
has been compensated by rent and other means for the land for
their contributions towards Interama, so whatever the County has
done they have been compensated for, according to Mr. Reese.
This is dated May 19, 1972.
Mr. Kahn; And they were given subsequent agreements in the
last three years where everybody else the County didn't be-
come obligated to the seven, point, four million, plus interest,
which is about fifteen million dollars, until the cooperation
agreement dated January, '73, and upon the issuance of the bonds
to the banks on December of '74.
Mr. Plummer: Let me tell you how I read these things --and,
John, (City Attorney) you correct me if I am wrong. The worst
thing that can happen to the City of Miami right now is that we
wait until January 1, 1977, and if it's in default it is then our
property, and if it is not defaulted, then the County has got to
start paying us three hundred thousand dollars a year.
Mayor Ferre: Everybody is agreed.
Mr. Plummer: Why is that a bad deal?
Mr. Kahn: No; the County doesn't have to pay you a thing.
Mr. Lloyd: No, the County doesn't.
(Simultaneous discussion - inaudible)
Mr. Gissendaner: The successors to the Authority.
Unidentified person: If the County. --you see the bill in the
legi:) -a+-'ire abolishes the Authority.
Mr, Plummer: And abolishes any kind of a position which the
County took with the Authority.
Utnv X an,Ir
Mr. Kahn: No, it recognizes certain rights and reCog-
nizes certain interests, but basically what I believe is going
to be passed in the Legislature is a bill abolishing the Authority,
transferring whatever Authority lands that they have an absolute
right to to the I.I. Board, and appropriating no moneys to pay off
anybody's obligations, at which time the City winds up with ninety-
three acres; the City of North Miami will be in court because their
position is that they are entitled to usable land of three hundred
fifty acres, plus the bonds being paid back. The County would have
to pay on the bond issue and we would be entitled to fifteen
million dollars worth of land, and if there is a provision passed
in the bill the only obligations that it might have would be that
if the I.I. Board agrees to re -sue the County, the area known as
the Primary Development Area for public purposes, then the County
must obligate itself to pay back the City of Miami and the City of
North Miami, but if the County pays back the City of Miami the
County gets the City of Miami's land.
Mrs. Gordon: I have a question of you, Mr. Kahn. At that
point in time that's a new deal. The price is then determined by
the value of the property at that time. There is no agreement
anywhere that says it has to be retroactive to the eight and a half
million. The value could perhaps be far in excess of this --and I
am not saying that the County would put that as a condition, but it
is logical that we could.
Mr. Kahn: Based on what I know is coming out of the Legislature
they are not going to say that. They are saying that the County
will be obligated to pay eight and a half million to the City of
Miami, twelve million to the City of North Miami. Now if you
want to say it's another deal we are getting into policy.
Mayor Ferre: Ladies and gentlemen, I want to tell you that
we have to keep our eye on the ball. The driver of this vehicle,
the driver's seat is occupied by the State of Florida Legislature.
They can legislate whatever they want to. Now, where that puts
us, in my opinion, is as plain as this: I completely agree with
Rose and J. L. Plummer. The worst that can happen to us as far as
the City of Miami is concerned is either we are going to get eight
and a half million dollars or we are going to get ninety-three acres
of free and clear land, and that's why I, personally, am against
tampering with that land in any way. Now I realize that creates
problems for F.I.U. and all your other, everybody else, but that's
it, because I have got to think now of the City of Miami, as Mayor
of the City of Miami, that's my position. Now, in my mind that
has nothing to do with the application of the City of North Miami,
and the reason I am for it is because if we can give them relief
then as far as I am concerned it creates more land and takes away
some of the pressure and some of the potential lawsuits that this
poor piece of property is going to be beset by. It helps North
Miami; it helps Metro, and consequently it is going to help the
City of Miami because we are not going to get all these pressures
of people trying to tamper with our ninety-three acres, and that's
basically why I am for it.
1.0 MAY ¢ 1975
Mrs. Gordon: I want to give my personal opinion at this
point in time that I don't think we, or I don't anyway, want to
get involved in sanctioning the filling of environmentally en-
dangered land, and I would not be opposed to sanctioning a por-
tion of this that is not considered environmentally endangered
land, and that we would go on a position of also hoping the
County would not feel they are a separate entity; that we are
all part of the same part and parcel, and would cooperate with
North Miami so they would not have to go always to the courts to
get what they are entitled to.
Mr. Kahn: It is not our --at least the County does not want
the ninety-three acres. We are in agreement with North Miami. We
hope they get as much land filled as possible, because that takes
care of three hundred and fifty acres which we won't have to look
for some place else, but as far as the ninety-three acres, that
is F.I.U. who wants that piece, and the only reason we suggested
switching was to satisfy F.I.U. and hopefully we could satisfy
everyone.
Mayor Ferre: I would like to recommend that we approach this
particular problem in two steps, so that hopefully we can get
Rose's vote on it. The first step --and I am just talking now about
how to word a resolution. The first resolution would be that the
City of Miami takes an official position here in the question that
the I. I. Board, the Cabinet, tomorrow approve the filling of the
unenvironmentally endangered land which is, as I understand, a
hundred and fifty and some -odd acres; and also (b) that Metro-
politan Dade County, if it ends up as the survivor of Interama or
the inheritor, whether directly or through a lease, or the I. I.
Board, if it ends up being the survivor and the owner, would also
give North Miami sufficient land, or trade with it, sufficient
land to make them whole for their investment. Now that I don't
think anybody can object to; and how do you feel about it, J. L.?
Mr. Plummer: (Portion inaudible) I really hate to take any
vote until these matters are straightened out, because I find
here all kinds of conflicting statements, arrangements --basically
I go back to the concept that this agreement that the City entered
into back in '72-'73 was pure and simple. If Interama didn't fly,
as far as I was concerned that property was out.
Mayor Ferro: OK, but if it is filled then it is all the better
for us.
Mrs. Gordon: Our position really was as a mortgagee, and
that's all, and it was in the amount of eight and a half million
and that's what it would be, and it would still be eight and a
half million whether it encompassed the whole thing or a portion.
Mr. Plummer: That was not my understanding. My understanding
was that we would, the City of Miami, if Interama does not fly,
we would have a deed to that property. We asked the City of North
Miami to establish a precedent; that precedent being an I.I. fill
perm': . Way doesn't the City of Miami establish the same prece-
dent? I don't understand it.
mayor 1err.e: Then include as part of the motion that this
lops not in any way preclude us in the future from legal action,
should this Commission so decide, to go for a lien against some
of the property. As far as I can see it would just mean that it
would be improved property.
MAY 5 = 197
Mr. Reboso: Mr. Mayor, what about the contract that Mr.
Reese has signed? Isn't that more important than whatever action
we take?
Mayor Ferre: I don't know, legally --yes, I guess it is the
legally binding document, but what Plummer is saying is --I think
what he is implying is that what was signed is not really what
the City of Miami Commission talked about.
Mr. Plummer: Isere; let me read it to you. I don't have a
date on this, but it says within thirty days from the date of
execution of this agreement, which we are speaking ale ut the
Authority will convey to Miami by quit claim deed a number of
parcels constituting 92.7 acres.
Mrs. Gordon: When the original sale of the land from Miami
to the Authority was made, and the City took back a mortgage of
eight and a half million, was there a reverter in that?
Mr. Gissendaner: No; let me explain this, because it is
very important. Your attorney Jack Rice was six weeks in Circuit
Court trying to make that point during the litigation of 1970,
and tried to get the judge to give the City --revert all the land
back to the City, but the judge would not unconstitutional
about foreclosable mortgages and so forth, and so he would not
allow that position. He would only recognize your lien, and when
in 1970 the City of North Miami actually paid off --I think it is
very important for everybody to understand this. This land be-
came endangered when the City of Miami, in 1960, agreed to sub-
ordinate its interest to twenty-one million dollars in bonds.
Only eleven was ever sold. Now when they came in default the
City of Miami didn't pick up the default on the bonds; the City
of North Miami picked up the default on the bonds, and that's
why it's hard for people to understand, you see; and that's why
we have this problem.
Mrs. Gordon: I begin to see; right.
Mayor Terre: I want to come back, then, to the main question.
Let me repeat what the motion should entail. Let's see if we can
reiterate and see if we can find agreement here, at least on this
point. Number one; that the City of Miami back the filling of the
land that is not classified as environmentally endangered; tht we
understand that is somewhat over a hundred fifty acres of the land
that the City of North Miami, approximately, has. Number two;
that the City of Miami request either from the I.I.Board, Metro or
whoever is the inheritor of Interama should the legislature act,
that whatever additional land the City of North Miami has been not
able to get because of the environmentally endangered --that Metro
or the I.I. Board cooperate in making that available to them, at
proportionate value rather than on an acre basis, whatever the
value is. And three; that this action does not in any way preclude
the City's legal posture in the future should we wish to proceed
wit?', a lien against the whole property in the future. In other
words the City still may have that avenue open and that gives you
the --you can go through all these papers and if you want to --
if you find that there is a discrepancy between what Mel Reese
signer. and what this Commission agreed upon you have got the legal
avenue to pursue it.
MAY 5 1975
Mr. Reboso: I move it.
Mayor Ferre: There is a motion on the floor. Is there a
second to that motion?
Mr. Gordon: The motion being that we only agree to support
North Miami in their request before the I.I. Board for the filling
of the land that is classified as non -environmentally endangered.
Mayor Ferre: That's what the motion is. Now is there a
second to the motion.
Thereupon the foregoing motion, introduced by Mr. Reboso and
seconded by Mrs. Gordon, was passed and adopted by the following
vote - AYES: Mrs. Gordon, Reverend Gibson, Mr. Plummer, Mr.
Reboso and Mayor Ferre. NOES: None.
SAID MOTION WAS DESIGNATED MOTION NO. 75-425.
Mr. Plummer, on roll call, made the following statement:
I am going to vote Yes, but I want the record to reflect that I
am very unhappy that this thing has been once again called upon
at the last minute that unfortunately the City is placed in a
position that if we don't do something that we are the bad guy,
and with the avenue open that we still have a chance in the future
to protect this taxpayers' money I will vote yes.
Mayor Ferre: Now, Mr. Casey, is this sufficient as far as
you are concerned, or now we come to the question of the City's
part --we passed this, because this is what Commissioner Gorth n
was willing to w te for, and I think it is important that we ",lave
unanimity. Now we have to make the decision as to whether or not
we want to press beyond that and just point-blank ask that the
I.I. Board tomorrow grant a permit to fill all of the land, going
against the recommendation of the governmental agency. As I
understand it that's what Metropolitan Dade County wants to do.
Have you gone on record to that effect?
Mr. Kahn: No, sir; they haven't had a meeting. The Commis-
sion hasn't had a meeting.
Mayor Ferro: Now, has the City of North Miami gone on record
to that effect? You have; you have asked for all of it. I see.
(Responding to an affirmative gesture from the audience)
Mrs. Gordon: The reason I think you want to do that is
simply because you want to get your money's worth.
Mr. Gissendaner: Let me hasten to add that I am not an offi-
cial of the City of North Miami.
Mrs. 'ort:o n: Mr. Casey, you are speaking for your city, and
I am assuming the reason for that request is to be able to get
your, wh,;t yr,u figure a fair return on their original investment.
However, 1 tni.nk if your city were given a choice of filling this
environmentally endangered land or receiving equal value of another
parcel of land in the vicinity I think they would, maybe, look at
it differently, and so would the County, I have a feeling.
MAY 5 - 1975
Mr. Casey: Commissioner, one of the questions is whether or
not some of that is environmentally endangered. There is a dis-
agreement among 1,eople.
Mrs. Gordon: Let's put it this way; I am not an expert on
environment --on determining what is environmentally endangered
land, and I'll take the opinion of the experts in a case like
this.
Unidentified person: Would the Natural Resources Department
be willing to buy this land?
Mayor Ferre: That's a very good question. You have hit on
the real crux of the problem. What has happened was that up
until now this land unquestionably belonged to North Miami, but
now the State says, well you have got no title to it because it
is baybottom land since the water is there, and it is our land,
so why should we --you can't tamper with it. You can't fill it;
so in effect what this all implies --you have got the very complete
question that what it really implies is the ownership of the land,
and obviously if they agree to give them permission to fill it
they are also agreeing that it is their land. Now the reason I
am for it is simply this; that if that land is filled then it
creates more land and relieves the pressures upon the City of
Miami and this community, and I think that this question of whether
or not it is or is not environmentally endangered land is a very,
very questionable matter and it has been very controversial, and
there are just as many people who are scientists in this who say
that it doesn't make a bit of difference, and still others who
say that it does, because some people say that if you put a golf
course and development all around it it actually doesn't mean
anything to have these mangroves in the middle of it; so it is
not that easily solved of a point. In my opinion, my personal
opinion, that we should support the City of North Miami in filling
all of the land.
Mr. Plummer: Let me ask one other question. Do I understand,
Paul, that the City's position is now as it was in the past that as
of January 1, 1977 that property is in fact, the 92.7 acres, is out.
Mr. Lloyd: No; only that portion of the land which is deter-
mined to be and considered valuable as a portion which would de-
fault. You see, these payments are scheduled for three hundred
thousand dollars semi-annually, and the agreement reads that in
the event of a default on any of the payments, then the City of
Miami may acquire a certain equitable portion of the land which
would be equal to the amount of that payment. That's all.
Mayor Ferre: What you are saying is that for fifteen years,
or whatever it is, the City of Miami does not have a clear title,
which is what I have been saying all along.
Mr. Lloyd: That's right.
Nrs. Gordon: Mr. Mayor, I think that since you are talking
fine points of law, and really Mr. Plummer's feelings are mine,
too. I don't think that fine points of law in matters as deep
and complex as this should be thrown at us in the fashion that it
zs for determination. I am willing to go with the action that we
just took, because I don't see that it will change any future
MAY 5
1975
action that we may want to take, but I do not want to take any
other position on any of these other matters until we receive
documents for us to study.
Mr. Plummer: I agree, but I would also like to make a point
at this meeting that the City Attorney contact Mr. Mel Reese and
confer with him as to the exact position was of the City at the
time we negotiated this and report back to this Commission as to
what his findings were and exactly understand the recommendation
that Mr. Reese made to this Commission.
Mayor Fcrre: Mr. Lloyd, I would like to request that you,
in writing, put down a legal statement whether or not the City
of Miami does or does not own title to the property; if we do,
how do we own title to it; when do we get absolutely clear title
to it, if it defaults if and when there is a default what portion
of the land can we claim;'what portion can we go ahead and develop;
because as I understand this --and I have read this and I have
talked to Marion Sibley and other, and Dan Paul and a series of
attorneys on this --as I understand this document, basically --and
I don't know whether the Commission agreed on it or not --but what
Mr. Mel Reese signed, and what was prepared by Jack Rice, I would
imagine, or Rothstein or whoever was involved in the preparation
of that legal document, was that the City of Miami owns a fee, sub-
ject to a series of restrictions; that these restrictions are not
clarified until we obtain eight and a half million dollars, number
one; and in 1976 these payments begin, and if a default we are
only entitled to a certain portion of the use of the land. Now,
to me, that's a hell of a cloud. Lest anybody misunderstand and
so that nobody feels that i am in any way being critical of either
Mr. Reese, Jack Rice or any past Commissioner, I serve on
the Interama Authority and I represent the City of Miami, and if
anybody is to blame I am just as much to blame as anybody else,
so I am not in any way trying to say that somebody else was re-
sponsible and I was not, OK?
Mr. Gissendaner: By a simple resolution of. the Authority we
will just remove all the restrictions.
Mr. Plummer: So be it.
Mrs. Gordon: As I read these restrictions they are not so
terrible, and I again reiterate we are in an improved position
with this than we were two years ago.
Mr. Plummer: Well, in other words, what you are saying now
is you are going to remove the restrictions so that then immediately
can take possession.
Mayor Pi'rre: Wi11 you call a meeting then immediately?
Mr. Gissi'ndaner: I have already called it for Friday----
:',ndrew: ,list a minute; may I interrupt you, Mr. Mayor
and members of the Commission. Don't enter into that too quickly.
You be:'tter assess the consequences of a decision like that in terms
of, do you want to be a land owner and obtain whatever rights are
MAY 5 1975
given to us by the State to claim the eight and a half million
dollars that you would like to have or do you want eight and a
half million dollars, because you are going to end up with land
and you can be landlords, but you may find it very difficult to
go ahead and move with free, clear title to utilize the land in
such a way that you can obtain the eight and a half million
dollars that you want for the City of Miami. The County --we
don't know what their plans really are at this time, and the
State --that might all be developed into recreational use so that
we can't even put a boatel or a ---
Mr. Plummer: How can the state put any restrictions on our
piece of property?
Mayor Ferre: Impact.
Mr. Andrews: Impact statements, all kinds of ways in which
you would not be able to get extensive leases developed, and other
restrictions where it's surely for recreational purposes for the
public, but the City of Miami could end up with a piece of property
with 93 acres, if we are not careful, for public recreational pur-
poses; we would be party to a large recreational park, but it
would be very difficult to get eight and a half million dollars.
Mr. Plummer: 1)o you have a better suggestion?
Mr.. Andrews: Yes; to weigh that decision. Don't go about it
too quickly having them release the claim that we have now for the
eight and a half million dollars.
Mrs. Gordon: That's not what he is saying; he is not saying
that. ---- the restrictions meaning the wording of it here about
the party of the first part has the power and right without con-
sent of Miami to finance, develop ---that's what your
Mr. Gissendaner: I think that the Authority would be willing
to do anything to strengthen the City's position if it is legal.
Now whether we without consideration could do these things is
something I don't know, but the statute itself recognizes your
lien. Now can the Authority, which is a creature of the electorate,
do anything to upset the statute?
Mayor Ferre: But the important point is what Paul is trying
to :ell you and you had better listen. We don't want to do anything
th.-=t in any way legally would jeopardize our eight and a half
million dollars. You say, well so what, because the Authroity is
dead, yes; but if the Legislature eliminates the statute that
created the Authority they have to, by law, assume its obligations;
so I'd rather have the obligation of the main state rather than
a creature of the State called Interama, which has no money. So I
am not in any way worried about that. The worst thing we can do ,
as J.L. said a little while ago, is to rush into something and
jeopardize whatever it is that we have now. I am in agreement. J.L.,
let me tell you where the eight and a half is coming from. Where
did the 5.3 million come from when we sold that sixty acres of.
VirgI ni Vey?
Mr. Plummer; Yes, where is it?
Mr. Andrews: It will be here in two weeks.
(i:,formal discussion - inaudible)
Mayor. Ferre: The point is that I think that the certainly
MAY 5 = 1975
that the State' Government or Metropolitan Dade County may have
the resources --and I am just expressing my personal opinion ---I
would much rather have eight and a half million dollars or better
if it ever got to that point, than to have ninety-three acres
which God knows how long it is before we are going to be able to
use any of that land.
Mr. Plummer: I hate to be facetious, but you know what will
happen: The County will pass a ten million dollar bond issue to
pay for it and the City of Miami will pay twenty-seven per cent.
of the bond issue.
Mr. Casey: Mayor, I don't want you to think we are not appre-
ciative, but the action which the City of Miami just took, I think,
hurts the City of North Miami more than it helps, for this reason:
The City Council has decided that it wants the entire three
hundred and fifty acres free of any restrictions ----
Mayor Ferre: I am willing to pass that.
Mr. Casey: I just wanted to explain that what you have done,
you see, is that the Cabinet will hear this tomorrow and the City
is going ur there saying want all of it, and the Cabinet Staff is
saying only give them half of it, and in effect what you have done
is agree with the staff and you have not helped us out at all ---
Mr. Plummer: But the point very simply is this: If we could
be placed under the same restriction by the State that they could
designate what we could use the property for, it seems like to me
that the City of :forth Miami is going further in debt to put fill
on that property when the same restrictions can be placed on you.
Mayor Ferre: I'll repeat that I am in favor of that, and
will so vote if somebody makes a motion. Does anybody want to
talk to that point? If not, I will pass the gavel over to the
Vice -Mayor and I will make the motion that the City of Miami go
on record tomorrow supporting the City of North Miami for the
filling of the complete property.
Mr. Reboso: I will second that motion on the basis that if
the State wants that land for natural resources they should go
a?Lead and buy it.
Mrs. Gordon: Well, then, I think that perhaps a motion more
to the effect that the recommendation of this Commission to them
to do that would be more in order than for us to support the fill-
ing of it, which I think is wrong.
Mayor Ferre: That's the intent. The intent of what I am
trying to say is --and I'll put it specifically in this way --that
the City of Miami go on record supporting the City of North Miami
in the filling of the total land that they presently possess, and
that if the State does not want to grant that that they compensate
the City of North Miami for the land that they do not allow to be
fi lei.
reverend Gibson: Haven't we already said that? You said
that they would get the hundred and fifty, and in addition other
land would be substituted to compensate it.
I111111I
MAY 5 -1975
Mayor Ferre: 111 right, I am making a motion.
Mr. Plummer: We have a motion on the floor.
Mr. Reboso: I second the motion.
Mr. Plummer: Call the roll, Mr. Clerk.
Mayor Ferre: Let me clarify it one more time, so that we
understand. I just want to make a closing statement on this; and
that is that the City of Miami, in my opinion, should support this
because if we get more land filled in the general area I think
that it relieves the pressure and simplifies the problem for the
City of Miami. If later on we go around and we make a claim
against all the property it will be that much more valuable, ald
I think that it is a step in the right direction. The question
as to whether or not it is mangroves has not been finalized and
settled and there is discussion on this matter. It is not clear
and there are some experts for it and some testimony that is
against it. I think what is important is that this is land that
really has value to this community, and I think if we can fill it
it resolves a great need in a general area; that these two golf
courses and the other public --- would be a great step forward
for the community, and if the State does not want to grant that
then I think that they are morally obligated to compensate the
City of North Miami. if they want to leave it in mangrove that's
fine, but pay the citizens of North Miami, because they are the
ones that stuck their neck out for twelve million dollars, and if
we are asking justice for our eight and a half million dollars I
think we should ask for justice for their twelve million dol]as.
Mrs. Gordon: I believe we are acting contrary to the best
interests of the environment of this community if we actually pass
that resolution as you worded it. Your intentions are very good,
Mr. Mayor, but you are not putting it in a way that will protect
the environment and will protect those mangroves. What you wish
to accomplish is that the City of North Miami not be losing an
investment, and I agree. I don't agree that by supporting the
filling of the mangroves we are protecting the interests of the
people of this community, and so I would, if you would permit a
substitute, or an amendment, ask you, or if you would like to change
your motion to the effect as we stated before, and I felt you were
in agreement, that the City of North Miami be either compensated
fo:: that land that is not permitted to be filled, or be given other
land of the same value.
Mayor. Ferre: Or he permitted to fill the land.
Mrs. Cordon: No, I don't want the land filled.
Mayor Ferre: But, see, that's why I made a motion.
Mrs. Gordon: Oh, all right, then, I'll vote against the
motion.
Mayor Porre: I am agreeable with any three of those alterna-
tives, out what I am saying is that it is fair for the City of
Miami to have all three of those alternatives; not just two of them.
. Plummer: Any priority?
MAY 5-1975
Mayor Ferre: Yes, my preferance would be; number one, that
the State pay the City of North Miami for that land that they
cannot fill.
Mrs. Gordon: Would you make that a motion?
Mayor Terre: Yes, I'll be happy to ---
Mrs. Gordon: Will you withdraw your previous one?
Mayor P rre: No, I won't withdraw that. I'll amend it to
this effect; that I'll put a list of priorities on it. That the
first priority be that the State compensate the City of North
Miami for those lands they do not permit it to fill. Number two;
that they give them equal land to make up on a value basis for
the land that they are not going to get to fill; rather than
dollars, give land, adjacent, or wherever they can determine.
And the third and last I think important alternative is that if
neither one or two is accepted that they go ahead and permit them
to fill their land.
Mr;. Gordon: Could you move the first two first, so I can
vote with them, but I won't vote for number three.
Mayor P.7rre: OK, I don't mind doing it that way, if Manolo
accepts the doing of it that way.
Mr. Reboso: The only question I have is that the State
doesn't own any land there.
Mayor Terre: It will, when the Interama Authority no longer
exists.
Mr. Reboso: And second, they are the only ones that have not
made an investment. Everybody else has.
Mayor r'(rre: I'll tell you, I think that since we, in effect,
have voted on one and two in the previous motion, I'll stay with
my motion, and the only amendment that I'll make is that I'll
put one, two and three in that order of preference.
Mrs. Gordon: Then I'll have to vote against the whole pack-
ag(. and I am not opposed to the whole package.
Mr. Lloyd: May I make one suggestion; that added to this
motion should be that the previous --this resolution, it is actually
a resolution that was passed, that the previous resolution be re-
scinded.
Mrs. Gordon: I object to that being rescinded.
Mayor Ferre: I don't think we have to rescind it because I
think that supplements it.
Mr. Attorney, what is your opinion?
Mr, Lloyd: Well, you have got two resolutions; one ---
MAY 5u 1975
Mrs. C,,ordon: it will force a negative vote on both.
Mr. Plummer: What is your opinion, Mr. City Attorney?
Mr. Lloyd: My opinion is that in order to make this one
effective you should rescind the other one.
Mayor Ferre: I don't want to make that motion unless this
one passes. We have to pass something. What I am saying is, •
let's vote on this and if this one passes then you can clarify
it legally, and if we have to we will amend that first portion.
Reverend Gibson: Mr. Mayor, I have difficulty --that's
redundant. You are just repeating. Either we ought to stay
with the first, or --because in the first we have one and two.
Now if you want to add three in the first motion, all right.
Mayor Ferre: All right, I'll make the motion that to the
previous motion we add a third point, the third point being that
if the State does not compensate North Miami economically and if
the State does not give them sufficient land to compensate them,
them number three that they, tomorrow, permit North Miami to fill
the land, and I'll limit it to just point number three. Then it
isn't redundant.
Mr. Lloyd: I can't understand what the motion is.
Mayor Ferre: I'll repeat it.
Mr. Plummer: Well, here; let me try to repeat it. In the
event the previous motion passed by this Commission is not accept-
able to the State that a third motion, ----
Mayor Ferre: Second motion.
Mr. Plummer: A third point is a second motion that the State
allow them to fill the land all endangered.
Mayor Ferre: I accept that.
Mrs. Gordon: You had a motion and it passed. Now we are
taking about an amendment to the motion the Mayor just made which
wL:s to fill the entire parcel. Is that right?
(Brief informal discussion - inaudible)
Mayor Ferre: We already passed the motion. Everybody is in
agreement. Now that motion basically says that this position has
to be --that the land is not environmentally endangered --all I am
saying in this motion is, in addition to that, that we ask one of
three things in these priorities. Number one; that if they do not
permit the s,--called environmentally endangered land to be filled
that they compensate North Miami --that is just fair --the state,
cordon Then let's make the motion.
Mayor Ferre: All right. I make that as a motion all by
atsoif.
Mr. Reboso: Second.
i
r;
MAY 5 1975
Mr. Plummer: A11 right, that motion understood is that if
they do not grant them the right to fill that they compensate
them, either financially or with additional land. Right?
Mayor Ferre: Fine.
Reverend Gibson: Mr. Mayor, we have already said that.
Mr. Lloyd: No.
Reverend Gibson: No, no; read the motion. (To the Clerk)
Mayor Ferre: May I, Father? To clarify it, the motion
that was passed unanimously by this Commission was that we ask
that the State permit the filling of the non -environmentally
endangered land. It didn't speak at all to the invironmentally
endangered land. Now this motion says, with regards to what we
didn't talk about in the first motion; with regards to the environ-
mentally endangered land, we would like to ask, one; that if you
don't permit it to be filled that you pay them, and if you don't
pay in money you pay in land.
Reverend Gibson: We pay fine money to get this kind of stuff
written, you know. I am listening for the motion.
Mr. Southern (City Clerk): That's the first one that was
adopted on roll call.
Mr. Plummer: Correct.
Mr. Southern: That the City of Miami back the filling of
the land that is not classified as environmentally endangered
land; that we give them these somewhere over a hundred and fifty
acres of the land the City of Miami has ---
Mayor Ferre: No.
Mrs. Gordon: No; which amounts to approximately ---
Mr. Southern: That we understand that is approximately
somewhere over a hundred and fifty acres of the land, and two;
that the City of Miami requests, either from the I.I. Board or
Metro, or whoever is the inheritor of Interama should the Legis-
lature act, that whatever additional land the City of North Miami
has not been able to get that Metro or the I.I. Board cooperate
in making that available ---
Reverend Gibson: Sure.
Mrs. Gordon: Right.
:air. Plummer: Continue (to the Clerk).
^r. Southern: And three; that this action does not in any
way preclude the City's legal posture in the future should we
wish to pursue a lien against the entire property.
MAY 5 -1975
Mayor Ferre: I don't agree with that. My motion still
stands, and I will amend it, because I think Father is right
to this extent; that we did talk about the inheritor, whoever
it is, making the land available, and I would just like to, in
a whereas; whereas we passed this other motion and I would like
to establish these priorities. One; that any so-called land
that is not permitted to be filled; one, that the State or the
inheritor compensate the City of North Miami, with dollars, be-
cause I didn't have that in this other one. Two; as a second
choice would substitute land. And three; if either one or two
does not pass, therefore that the City of Miami backs the City
of North Miami's position in filling all of the land.
Mr. Plummer: That's the motion. Is it seconded?
Mr. Reboso: I second it.
Reverend Gibson: What is the second part of the first
motion if it didn't say exactly ---
Mrs. Gordon: Exactly, except for the third part.
Reverend Gibson: The only thing we are in disagreement
about is that we permit them to fill all of the land in the event
you don't do one and two. That's where we are.
Mayor Ferre: Right.
Mrs. Gordon: Z oppose that part of it, because I think that
that interest in that land is far beyond the perimeters of any
single city or two cities.
Mayor Ferre: What I am saying is that if one or two does
not go into effect, as in the previous motion, that we back the
filling of the land.
Mr. Plummer: Well, they are still going to make up their own
minds.
Mayor Ferre: I am sure they are. We are really just talking
I,niloophy hare, but I don't mind sticking my neck out and expressing
my opinion.
Thereupon the foregoing motion, as amended, was introduced
by Mayor Ferre, seconded by Mr. Reboso, and passed and adopted by
the following vote - AYES: Mayor Ferre, Mr. Reboso and Vice -Mayor
Plummer. NOES: Reverend Gibson and Mrs. Gordon. Said motion was
designated Resolution No. 75-426, the title of which, as prepared
by the City Attorney, reads as follows:
RESOLUTION NO. 75-426
A RESOLUTION EXPRESSING THE POLICY OF THE CITY
COMMISSION THAT THE CITY OF NORTH MIAMI, THROUGH
ITS APPLICATICON, BE COMPENSATED FOR LANDS TO
MAY 5. 7975
TO WIIICH IT IS NOT GIVEN PERMISSION TO FILL BY THE
FLORIDA STATE CABINET EITHER FINANCIALLY OR WITH
SUBSTITUTE LAND, OR THAT THE CITY OF NORTH MIAMI
I3E SO COMPENSATED BY ANY SUCCESSOR IN TITLE TO
THE LAND NOW OWNED BY THE INTER-AMERICAN CENTER
AUTHORITY, AND EXPRESSING THE SUPPORT OF THE
CITY OF MIAMI TO THE ENTIRE APPLICATION OF THE
CITY OF NORTH MIAMI FOR A FILL PERMIT IN THE EVENT
THAT NEITHER OF THE ABOVE ALTERNATIVES BE GRANTED
Mrs. Gordon: Just for clarification the last motion included
the filling of the endangered land; otherwise we had agreed in
the previous motion to the other two parts. Correct?
Mayor Ferre: Well, the expression endangered lands is bad,
because that's what somebody else calls it, but that hasn't
been, in my opinion, completely established.
Now, Mr. Casey, does that help you a little bit more?
Mr. Casey: Yes, sir, that's fine.
Mayor. Ferre: Since tomorrow is the day when all this happens
at the Cabinet, would you, after this has been properly drafted,
send a telegram to the Governor and members of the Cabinet, and
would you also send a copy to Senator Sherman Winn, who is
strongly for this position, and who will be, along with other
members of the Dade Delegation representing this community at
this request tomorrow, and he specifically asked that he be
copied, because he wants that in his hands as he speaks.
Mr. Plummer: Mr. Andrews, from either your position or Mr.
Lloyd's, is there any further action that this commission should
take at this point to protect the City of Miami?
Mr. Lloyd: I see no further action to be taken in that re-
spect at this time.
Mr. Andrews: I see none at this time, at this moment.
Mrs. Gordon: I would like to request that we be furnished
with all of the minutes of all matters pertaining to Interama
and that we receive copies of the deed and agreement as a packet,
so that each of us can be as knowledgeable as possible on the
subject.
Mayor Ferre: And a memorandum from Mr. Lloyd, as previously
requested, on our exact legal posture.
Mr. Kahn: A week ago --and I believe everybody on this
Commission received a copy of it --your City Manager sent a
letter, a telegram to Lane Bluhm and other members of the dele-
gation regarding the bill that Mr. Lloyd has in his possession.
What 1 would like is that the Commission set a future date and
poi;'ly think about rescinding that telegram, the reason being,
belies this bill in the Legislature there was also another bill
which was filed by Senator Sayler, which just abolishes Interama
and 'says Dade County and Municipalities in Dade County, you are
on your own; fight for yourselves for your land, your money,
whatever, and what the jist of the entire bill would do would
say the Authority is dead; whatever land the State can get its
MAY 5 ' 1975
on is going to go to the State without any restrictions at all,
and everybody else down here who paid your money and took your
chances lost it. This bill that Representative Gordon has in-
troduced in the House and Senator Graham has introduced in the
Senate does, besides getting the State to pay some of its obli-
gations, also has a clause in it which states that the land
shall be used only for public purposes, and the letter, or the
telegram, disrupted the delegation to the point where they are
afraid that they will never get their bill passed if they do
not have all the various interests at least together behind the
particular bill.
Mayor Ferre: Would you read the telegram?
Mr. Andrews: Yes, sir; now, keeping in mind also that
throughout this whole proposal that of the original seventeen
hundred acres Dade County has control of about six hundred acres
of the land, or they will when the legislation is adopted.
Mayor Ferre: How much do you have?
Mr. Kahn: Dade County has title to the land on which the
Sewer Treatment Plant is on, the Miami -Dade Water and Sewer
Authority.
Mayor Ferre: No, you missed the point. He said assuming
the Graham Bill passes.
Mr. Kahn: Assuming either this bill or the Sayler Bill passes.
Mayor Ferre: No, forget the Sayler Bill. If the Graham bill
passes, how much land will Metro end up with?
Mr. Kahn: If the Graham Bill passes, the bill provides that
the State will pay off the debts; Metro will have nothing in
the property inventory, and all it gives is the I.I. Board the
right at some future time to lease X number of acres to the
County ---
Mayor Ferre: That X number is what he is asking for. What
is X?
Mr. Kahn: Well, it doesn't say up to, but I would assume
that it refers to the primary development area ----
Mr. Lloyd: Are you referring to Section 7 of the Act? It
says three hundred. The Florida Board of Trustees of the
Internal Improvement Fund may lease to Dade County approximately
three hundred acres of land, and approximately acres of
abutting lagoon and waterways, designated as a primary develop-
ment area.
Mrs. Gordon: In your deed is there any restriction on
whether or not you can or cannot sell off any properties to
private interests?
Mr. Gissendaner: Oh, yes, in 1970 when North Miami bailed
it out, one thing we made sure of was that it would never happen
again,
Mrs, Gordon; Are there deed restrictions on it?
c
40-1
MAY 5 r 1975
Mr. Gissendaner: No, it was in the Legislative Act.
Mayor Ferre: They can wipe it out. That's the whole
crux of it.
Mr. Gissendaner: They can cancel the act then that re-
striction is cancelled. You must understand one thing;
the Trustees of the Internal Improvement Fund can sell the State
Office Building if they want to.
Mayor Ferre: I have, and I am pretty sure you have, be-
cause I remember it ---
Mrs. Gordon: Not a resolution ---
Mayor Ferre: Oh, yes we have.
Mrs. Gordon: Asking North Miami not ---
Mayor Ferre: No; not North Miami, because North Miami has
got nothing to do with it. The City of Miami Commission, I am
positive, has gone on record that this land be kept in perpetuity
for public purposes, all of the land, and that is a matter of
public record. But we have nothing to do with it, and neither
does Dr. Gissendaner, or the City of North Miami, because we are
a creature of the State and what is bigger than the City of
Miami Commission, is the State Legislature, and they can reverse
themselves any time they want.
Mrs. Gordon: Mr. Mayor, do you know what is happenim3
today right now? We are going behind a action to fill this
land which in turn could be sold off to private interests ---
(General informal discussion - unintelligible)
Mr. Kahn: ----if that bill passes in its entirety then
there will be a restriction that the land can only be used for
public purposes, but what I am saying is that the telegram that
was sent is going to cause this bill never to get out of com-
mittee because ---
Mayor Ferre: Then what is the telegram?
Mr. Andrews: The City of Miami urges --now this telegram
went to State Representative ---- Bluhm because of the intro-
duction and all that --The City of Miami urgently requests
that no legislative action be taken regarding Interama which
would destroy or alter Miami's rights conferred by State
Statute, Court Decree and the agreement dated March 15th, 1973
between Interama and Miami, or any action that would abbrogate
or compromise the City's right, pursuant to its quit -claim
deed of 92.6 acres of land. It is further the City's request
that no action on Interama be taken that would subordinate
Mi.'s rights unless legislative actions provide for the imme-
diate payment of the eight and a half million outstanding debt
to ;.he City of Miami. It is the City of Miami's position that
if the concept of Interama as presented to the City Commission
+he time the City of Miami subordinated its position to only
)2. acres of land fails to develop, then the City of Miami's
claim to properties within the Graves Tract far in excess of
the 92,6 acres now under deed to the City of Miami.
Mrs. Gordon: There is nothing there that --
Mr. Kahn: That's what is wrong with it.
Mayor Ferre: But the point is that we are not about to
preclude the City of Miami, and this Commission I am sure
agrees with me that we may end up, if this thing gets into a
donnybrook we may have to, in order to protect ourselves, go
after all the property. And we are not going to preclude that
possibility.
Mr. Kahn: Could I ask this Commission to have lour City
Attorney examine the Gordon -Graham Bill ---
Mayor Ferre: He already has.
Mr. Kahn: And if that will not conflict with the desires
of the Commission, to go on record as supporting that bill.
Mayor Ferre: Allen, the problem is that we have already
determined that it does.
Mr. Kahn: I don't think anybody ever has determined that.
Mayor Ferre: well, at least in conversations between John
Lloyd and myself there are ambiguities in that bill that Mr.
Andrews, I think, looked at which do not sufficiently clarify
the City of Miami's position. If they are willing to amend and
specifically put in a clause that protects the City of Miami --
I am speaking just for myself --that we would be in favor of
it.
Mr. Andrews: As I have to construe the City Commission's
position, the protection that we are seeking is tint the City
of Miami receive eight and a half million dollars, and what we
are fearful of is that we are going to be subordinated to a
position where we will have 92.6 acres with restrictions upon
the land through state legislative action that the eight and
a half million dollars will never develop for the City of Miami.
We will have eight and a half million dollars in land value
which we can't use and can never get the eight and a half
million. Now if the County wants to step in, or the State wants
to step in and honor the agreement which exists now that we will
get six hundred thousand dollars a year, fine.
Mr. Kahn: If the City's position is that it wants dollars
and not a piece of land free and clear, the bill that will come
out of the legislature will be a bill introduced by Senator
Sayler which says that the Interama Authority is hereby abolished,
period.
Mayor Ferre: Al, we are not insisting on dollars. A11 we
are saying is that we want a free and clear title to our 92.6
acres without any restrictions and without any rigamarole from
th:° State or the County or anybody else. I*w, if we don't get
that, we want eight and a half million dollars,
Mr. Kahn; Well, in that regard, if the Authority and the
City will amend the contract to give the City 93 acres free and
clear, which is what Elton is talking about, then you can support
the bill.
Mayor Ferre; I'd like to so move that the Authority imme-
diately meet to do that, and I would like for this Commission
to move a resolution requesting the Authority to meet immediately
and so protect the City of Miami.
Mrs. Gordon: And also we should follow that with our posi-
tion that we wish this land to remain in public use.
Mayor Ferre: And reiterating that it'has always been the
clear intention of the City of Miami, and was part of the legis-
lative act in 1967 creating the Interama Authority, that the
land remain in perpetuity as public land; all of it. Actually
we should pass two resolutions. One of them is requesting the
Interama Authority to meet immediately, and at that meeting
clear all the restrictions on the City of Miami's 92.6 acres.
Reverend Gibson: Just a moment. Mr. Andrews opposed
that position.
Mr. Andrews: I don't want to --let me state again what my
concern is and what the Commission should be aware of. I don't
know, if you take this action now, I have no way and you have
no way of assuring as to what the requirements on that land will
be, and you could find yourselves in a position with 92.6 acres
but you can't put a boatel on it and you can't do these things.
Mayor. Ferre: Do you recommend against it?
Mr. Andrews: Yes, at this time.
Mr. Plummer: I am still trying to equate --if we have a
piece of land free and clear how the State can place restric-
tions on it.
Mr. Kahn : Especially in this bill they won't be able to
because that piece of property will be subject to your own build-
ing and zoning regulations. According to this bill you will not
be subject to the City of North Miami's Zoning regulations; you
will be subject to your own.
Mayor Ferre: No, no. We are beginning to tread on legally
very thin ice, and I don't think we should at this point be
In the first place it doesn't mean anything.
Mr. Plummer: I withdraw the motion.
Mayor Ferre: There is a motion which Mrs. Gordon makes,
and that is, a motion to the Legislature, and to the Governor,
Cabinet and interested parties, which specifically states tht
the City of Miami again reiterates its philosophical position
that ali along our intent is that all of the Graves Tract land
be in perpetuity public land used strictly for public purposes.
Mr. I<ahn: In the event the Legislature abolishes the
Authority that all lands be used for public purposes.
Mayor Ferre; We accepted that as further ---all right.
ei
MAY 5 -1975
Mrs. Gordon: Whoever has title that it remain in public
Upon being seconded by Reverend Gibson the motion was adopted
unanimously and designated Motion No, 75-427.
ADJOURNMENT: On motion
duly made and seconded the meeting was adjourned at 4:15 P.M.
ATTEST: H. D. SOUTHERN
CITY CLERK
MAURICE A. FERRE
MAYOR
MAY 5. 197
MINUTES OF
SPECIAL CITY COMMISSION MEETING
MAY 5, 1975
On the 5th day of May, 1975, the City Commission met in
the City Manager's Conference Room at City Hall, Miami, Florida
in special session called by the Mayor to consider business of
public import. The meeting was called to order at 4:46 P.M.
by Mayor Maurice A. Ferre, with the following members of the
Commission present: Reverend Gibson, Mrs. Gordon, Mr. Plummer,
Mr. Reboso and Mayor Ferre. Absent: None.
INTERNATIONAL FOLK FESTIVAL - ADDITIONAL FUNDING:
Marty Freedman appeared and made the following statement:
The Festival Committee has been hard at work for some time
on this year's festival, and as we did last year we have invited
a number of groups, mostly folkloric dance and song groups from
Latin -America and the Caribbean area to attend the festival, and
based on past performance we expected that we would have two or
three positive responses, and it developed last week -end that if
everybody comes to the festival that has indicated they are com-
ing that we would be in financial trouble.
Mayor Ferre: lbw much money do you need, Morty?
Mr. Freedman: Approximtely seven thousand dollars.
Mayor Ferre: I know we don't have the money, Paul (P. W.
Andrews, City Manager) but this is a particularly important
thing and we are going to have to do everything we can to scrape
the bottom of the barrel.
Mr. Andrews: Mr. Freedman was in to see me earlier today in
explain this, and this is a problem I think the Commission should
try to solve, and my recommendation would be, based on what I know
of this, that the Commission authorize an expenditure of seven
thousand dollars from the Contingency Fund with the. understanding
that that seven thousand dollars will be replaced if we are suc-
censful in obtaining one of the two cultural grants, because this
i:-, a cultural activity.
Thereupon on motion of Mrs. Gordon, seconded by Mr. Reboso,
the foregoing motion was passed and adopted unanimously and was
designated Motion No. 75-428.
CONDOLENCES IN DEATH OF CITY EMPLOYEE:
Mr. Plummer: There was a very tragic accident this [corning
where I am informed that a City employee lost his life in a
tragic accident. I think that this Commission should go on record
it was the Sanitation Department. I understand that a sanitation
truck backed over him and killed him, This Commission should go
on record expressing our condolences to the family and flowers
should be sent by this Commission, and we could be so instructed
when the funeral is so that some of us might be able to attend,
04
MAY 5 1975
Thereupon on motion of Mr. Plummer, seconded by Reverend
Gibson, the foregoing motion was adopted unanimously and was
designated Motion No. 75-429.
INTERNATIONAL FOLK FESTIVAL:
Mr. Andrews: Would you modify your previous motion about
. the Folk Festival' to say transfer from the Contingent Fund to
the Publicity Department the seven thousand dollars.
It was unanimously agreed to do so.
ADJOURNMENT:
The meeting was adjourned at 4:20 P.M.
ATTEST: H. D. SOUTHERN
CITY CLERK
MAURICE A. FERRE
MAYOR
MAY 5 - 1975