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HomeMy WebLinkAboutCC 1975-07-31 Minutes2. I MINUTES REGULAR MEETING CITY VISION OF M AMl1 FLORIDA RETAIN F'IRt4 or HASKINS & 'SELLS FOR ACCOUNTING AND AUDITING PROCEDURES FOR: RETIREMENT SYSTEM RbARD PERSONAL APPPARANCE or CLARX COMK, FLORIbA POWER ANb LIGHT CO. REQUEST CITY ATTORNEY TO WITHDRAW MOTION PLACING FP&L FRANCHISE PEES IN ESCROW AND URGING PUBLIC SERVICE COMMISSION ETC. REQUEST CITY MANAGER TO STAY CITY ENVIRONMENTAL PRESERVATION ORDINANCES FOR RECOMMENDED CHANGES TO RESOLV PROSLEMS, ETC. 4. OBJECTIONS TO ACCEPTANCE OF COMPLETED WORKaiSOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242 "C" and SR-5242 "S" 5. OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK -FASHION aANITRP.Y SEWER IMPROVEMENT SR-5402 C 6, OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK -SOUTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT H-4342 J. GRANT PERMISSION TO MIAMI-DADE WATER AND SEWER AUTHOR I'T'Y TO CONSTRUCT INTERCEPTOR VENT STATION -LOT C, ONE, E I LVERSON AND TATUM'S SUB. PERSONAL APPEARANCE OF DR. DYER, METRO TRAFFIC AND TRANSPORTATION DEPT.-RAPID TRANSIT ALIGNMENT AND ROUTE. PUBLIC HEARING - SOLID WASTE TRANSFER STATION, N.W. 20TH STREET & 14TH AVENUE. ib. PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION PM 11. ADOPT PLANNING STUDY "NORTHEAST COMMUNITY COMPREHEN- SIVE PLANNINGSTUDY". 12. :,r'114) ARTICLE IV, SECTION 20, PARAGRAPH 3 AND 4 - "RESTAURANT SEATING": 13. OFFFICIAL DEFERRAL OF ITEM 9 AND SEARCH FOR ALTERNATE SITE SOLID WASTE TRANSFER STATION 14. ,! CtiA_:GE OF ZONING: NORTHEASTERLY OF AVIATION AVENUE I3ETWFEN TIGERTAIL AVENUE AND SOUTH BAYSHORE DRIVE, MOPATORtIUM ON PARTION, ETC. 15. AMEND ORDINANCE 6871: R-C DISTRICTS - DENSITY, LOT AREA AND WIDTH REQUIREMENTS. 16. PBRSONAL APPEARANCE EDISON LITTLE RIVER SELF HELP COUNCIL - RICKY THOMAS. PERSONAL APPEARANCE OF MRS. JQYCE DIEFFENDERFER- DEMONSTRATION OF NEW VOTING MACHINES AND PROCEDURES t TO REPLACE EXISTING EQUIPMENT. DOWNTOWN CONVENTION CENTER SITE PURCHASE FEINBERG PROPERTY, DISCUSSION OF ARCHITECTURAL PROPOSALS, ETC, ORDINANCE OR RESOLUTION NO. M 75496 M 754697 M 75-699 R 75-699 R 75-700 R 75-701 R 75-702 DISCUSSION M 75-703 M 75-704 DEFERRED R 75-705 FIRST READING DEFERRED M 75-706 M 75-707 M 75-708 M 75-709 8429 M 75-710 DISCUSSION R 75-711 M 75-712 11-13` 13 14 14 15 16-20 21-34 34 34-41 41 42 43-55 56 58 58-62 62-80 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MINA FLORIDA INVESTIGATE I'EASISILtTSt or MOVIM CITE CW `ICES TO GUSMAN RAIL RIVING. 20, ,` ACCEPT PttItMTNARY 46 WEST FtAO ,ER STREET MINI-PAi t LANDSCAPE PLANS. (y PERSONAL 1 PI..ARANCE OP moVIS FRODUCE s Ce MACK SUNDAY REQUESTING PERMISSION TO USE THE ORANGE FOWL STADIUM. 22. PERSONAL APPEARANCE OF JAMES F. ECKHAIRT ENFORCEMENT OF CITY ORDINANCE FOR OCCtiPATIONAL LICENSES FOR WASTE AND TRASH COMPANIES. 3 23. D SCUSSIVN OF THE QUALITY OF FOOD AT CITY OWNED BUILD- " INCS LEI4SP'1) AS CONCESSIONS TO RESTAURANT OPERATORS. 24. 1.1 AWARD BID -CLEANING SERVICES FOR ORANGE BOWL STADIUM, i# MARIhT STADIUM AND BASEBALL STADIUM. 2 • t WARD BID - ORANGE BOWL WATER MAIN IMPROVEMENTS 1975, APPROPRIATION OF FUNDS. 26. AWARD BID P'.;. 1E II - 27. '- AWARD RAID UTILITIES 26, 29. 3G. - CITY HALL AIR CONDITIONING IMPROVEMENTS 1975 - BICENTENNIAL PARK PHASE II PROJECT 3, AND SITE DEVELOPMENT - REJECTION OF BIDS. SEEK DONATION OF TREES FOR BICENTENNIAL PARK. AWTJJi BID -BICENTENNIAL PARK PHASE II - LANDSCAPING ADD I;.RIGATION REJECTION OF ALL BIDS. AWARD BID - PARKS SHELTERS AND COMFORT STATIONS - 197 13 . ` ACQT IS:I ON OF RIVERSIDE BAPTIS CHURCH PROPERTY - AUTHORIZE MkNAGER TO DRAW CONTRACT. 32. CONSIDER REQUEST OF THE INTERNATIONAL CENTER OF IDA FOR ALLOCATI0N OF FEDERAL REVENUE SHARING JLTNPS AT THE TIME THE'COMMISSION CONSIDERS FEDERAL REVENUE SHARING FUND ALLOCATIONS. 33. s PERSONAL APPEARANCE OF VICKI ALBORNOZ TO REQUEST F7JNDING, OF "BALLET FOLKLORICO OF COLOMBIA" . 35. 14 PERSONAL APPEARANCE OF CORNELIUS J. HOLLAND REGARDING CIVIL SERVICE EXAMINATION FOR ELECTRICIAN AND COM- PLAINT REGARDING REGISTERS AND HIRING PRACTICES. PERSONAL APPEARANCE OF NORA SWAN, CHAIRPERSON OF BICENTENNIAL COMMITTEE; ALLOCATING $6, 500 FOR PROJECT AFF IPAATIVE ACTION PROGRAM, DISCUSSION OF ITEMS DIS- CUSSED AT MEETING OF JULY 30 AND ADOPTION OF FULL DOCUMENT. ?7, 1 AMEND ORD. 2230 (RETIREMENT SYSTEM) PERSONS DECEASED PRIOR TO SIGNING BE CONSIDERED RETIRED; PROVIDE 90% PAYMENT TO MEMBERS SPOUSE, CLARIFYING 30 DAY REQUIRE- MET, ETC. 38. 4 SISTER CITY PROGRAM, INCLUDING VILLA NRM08A, CAPITOL OF THE STATE OF TA8ASCO, MEXICO IN STSTER CITY FROG. M 75-716 DISCUSSION DISCUSSION R 75-717 R 75-718 8430 R 75-719 DISCUSSION M 75-720 M 75-721 DISCUSSION M 75-722 R 75-723-A R 75-723-B M 75-724 M 75-725 DISCUSSION DISCUSSION M 75-726 M 75-727 R 75-728 8431 PAGE NO, 97 97-99 99-103 103-104 104-108 108-109 109-113 113 114-115 115-116 116-118 118-125 125-127 127-137 137-141 M 75-729 142 ITEM N 3, 40. 41. MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI,. FLORIDA SUBJECT LIBRARY ADVISORY BOARD. AMEND APPROPRIATIONS ORDINANCE TO PROVIDE FOR REPAIRS TO LAWRENCE STORM PUMPING STATION NO. 31. ACCEPT COMPLETED WORK ORANGE BOWL STADIUM RESTROOM REMODELING 1974. 42.. ACCEPT COMPLETED WORK .. CENTRAL DRAINAGE PttO3ECT E-33 4:3. 44, ACCEPT COMPLETED WORK - S.W. 8TH STREET BEAUTIFICATZOt PHASE I. ACCEPT COMPLETED WORK - PARKS HARD SURFACE COURTS-1974 45. ORDERING RESOLUTION, DELAWARE SANITARY SEWER IMPROVE- MENT Sr-5390 C and SR-5390 S. 46. f; ORDERING RESOLUTION BISCAYNE WEST HIGHWAY IMPROVEMENT H•-4390 47. GRANT FREE USE OF MIAMI BASEBALL STADIUM - MIAMI DADE COMMUNIYT COLLEGE DOWNTOWN CAMPUS BASEBALL PRACTICE. 46. AU1HORIZE TRIAL RECIPROCAL AGREEMENT FOR CITY AND DADE COUNTY GOLFING FACILITIES. 49. AUTHORIZE EXECUTION OF QUIT CLAIM DEED - GORDON p BROWNING AND OLGA BROWNING CLAIM SETTLEMENT - JEANETTE T. WOLFSON, ATTORNEY RICHARD A. SADOW. 3.t 51. 52. 54. CLAIM SETTLEMENT - CAROLE LINDSEY AND ATTORNEY JOSEPH T. WOODWARD ENTER INTO AGREEMENT - MANPOWER PLANNING COUNCIL FOR DADE AND MONROE MIAMI RECREA%ION SUPPORT PROGRAM FOR DISADVANTAGED YOUNG RESIDENTS. =.D'IERTISE AND RECEIVE PROPOSALS FOR PROFESSIONAL DESIGN SERVICES FOR DIXIE COMMUNITY PARK. APPOINT ADDITIONAL MEMBERS TO ADVISORY COMMITTEE ON SUBSTANCE ABUSE. AWARD READY -MIX CONCRETE. AWARD BID - FORTY TONS OF FERTILIZER. 57 AWARD BID - EMULSIFIED ASPHALT 50. AWARD) BID - ADDITIONAL FENCING FOR MARINE STADIUM i STORAGE AREA. 59. AWARD BID - TWO PORTABLE EKG TELEMENTARY PACKAGES FOR FIRE DEPARTMENT. 5o. AWARD BID - PUMPS AND STARTERS FOR DEPARTMENT OF PARKS AND RECREATION 61. AWARD BID - CLEANING SERVICES AT ORANGE BOWL, MARINE. STADIUM AND MIAMI BASEBALL STADIUM. ORDINANCE OR RESOLUTION NO. PAGE NO. b1SCUSSION 8432 R 75-130 R 75-731 R 75-732 R 75-733 R 75-734 R 75-735 R 75-736 R 75-737 R 75-738 R 75-739 R 75-740 R 75-741 R 75-742 R 75-743 R 75-744 R 75-745 R 75-746 R 75-747 R 75-748 R 75-479 R 75V 142»143 143 144 144 144 145 145 145 146 146 147 147 148 148 149 149 149 150 150 151 151 151 152 ITEM NO. 62.. 63. 64. 65. 66. 67. 68. 6•j . 7 71. 72. 74. 75 76. 1 f INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA AWARD BID - S.W. PIR T STREET PAVtNO PROJECT. AWARD BID - WEST ORAPELAND SANITARY SEWER IMPROVEMENT SR-5387 C atP. 8 AWARD BID - S.W. 8TH AVENUE SIbEWALtt IMPtioVENEN'. SKI-4387 AMEND ORDINANCE 8345, FEDERAL REVENUE SEARING PUNDS ANT) APPROPRIATE $25,000 TO THE ACCOUNT O DOUGLAS GAPDENS JEWISH HOME & H08PITAL FOR THE AGED. AMEND ORDINANCE 8342, TRANSFERRING FUNDS FROM WYNWOOD COMMUNIT'.' DAY CARE CENTER TO EDISON LITTLE RIVER SELF HELP COMMUNITY COUNCIL PROJECT YOUTH. AUTHORIZE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI TO ADMINISTER THE FACILITY KNOWN AS "GUSMAN HALL"; P. 1DING FOR BOARD, ETC. RESOLUTION PROGRAMMING PROCEEDS FROM SALE OF VIRGINIA KEY LAND TO PURCHASE OF "FEINBERG TRACT" FOR THE CONSTRUCTION OF A CONVENTION CENTER. a:LOLL-LOt PROGRAMMING UNENCUMBERED BALANCE OF $4,247,065.35 CONVENTION CENTER GENERAL OBLIGATION BONDS FOR ACQUISITION OF PROPERTY KNOWN AS FEINBERG TRACT. ALLOCATE $15, 330 TO EDISON LITTLE RIVER SELF HELP CCMMTJNITY COUNCIL PROJECT YOUTH. DEFERRING ITEM 12, JULY 31 AGENDA, CHANGES OF ZONING AREA NORTHEASTERLY OF AVIATION AVENUE BETWEEN ^IGERTAIL AND SOUTH BAYSHORE DRIVE. ORDINANCE OR RESOLUTION 11b A 75052 ft 75453 R 75=754 8433 8434 155 8435 155-156 PAGE NO. , 133 R 75-755 156 R 75-756 156 R 75-757 157 R 75-758 157 RESOLUTION PROVIDING NO BUILDING PERMITS BE ISSUED IN AREA GENERALLY DESCRIBED AS BEING NORTHEASTERLY OF AVIATION AVENUE BETWEEN TIGERTAIL AVENUE AND o0"TH BAYSHORE DRIVE UNTIL APPROVED BY CITY COMMISSIOR 75-759 AUTHORIZE PLANNING DEPARTMENT TO RECONSIDER THE AREA NORTHEASTERLY OF AVIATION AVENUE BETWEEN TIGERTAIL AVENUE AND SOUTH BAYSHORE DRIVE TO DETERMINE IF THE P.REA SHOULD BE PLACED IN A SPECIAL OVERLAY DISTRICT. RESOLUTIONS CONFIRMING MOTIONS MADE AT MEETING OF JULI 17, 1975. AMEND ORD. 2230 TO INCLUDE POSITIONS OF ASSISTANT CITY CLERK, ASSISTANT EXECUTIVE SECRETARY OF CIVIL SERVICE BOARD AND ASSISTANT SECRETARY OF THE PLANNING BOARD. R 75-760 R 75-761 R 75-762 R 75-763 R 75-764 R 75-765 R 75-766 R 75-767 DEFERRED AUTHORIZE EXECUTION OF CONTRACT WITH PAUL WEBER AS CLAIMS SUPERVISOR, R 75-768 157 158 158-160 160 160 • IN MINUTES OF REGULAR MEETING CITY MISSION OF MIAI % FLORIDA ITEM NO. SUI JECT 77. REQUEST CITY ATTOANEY TO W/THDAAW MOT/ON PLACING Ft,ORIDA PoWER & LIMIT FRANCHISE FEES IN ESCROW puATHEA URGING PUELIC SERVICE COMMISSION TO EXPEDITE PAANCH/SE FEES AND AUtE Cif QUESTION. 78. ACCEPTING DEED To nCst1SMAN HALL". 79. MERRILL—STEVENS LEASE. 80. MOTION OF INTENT TO WAIVE RENTAL FEE OF EAYFRONT PARK AUDITORIUM AUGUST 23, 1975 FOR MEETING OF CIVIC ACT- ION ION OP FLORIDA. 81. CITY ATTORNEY RtP0RT ON F.E.O. CONDEMNATION ORDINANCE OR RESOLUTION NO. It 75-769 R 75-770 DISCUSSION M 75-771 DISCUSSION PAGE NO. 161 161 161 162 162 MINA CF REGULAR METING OFF THE CITY COMMISSION OF MIAMI, FLORIDA A ON THE 3isT DAY OF JULY, THE CITY COMMISSI a ► .'F MIAMI, FLORIDA Ili` AT ITS alGULAR MEETING PLACE IN THE LITY HALL, P 1 PAN APERICAN llRIVE, MIAMI, FLORIDA IN REGULAR SESSION, THE MEETING WAS CALLED TO ORDER AT 9:10 O'CutgA.M. BY MAYOR NL t,Rice A. FERRE WITH THE FOLLOWING MEMBERS OF THE'LOMMISSION FOUND TO BE PRESENT: I SS I ONER MANOLO REBOSO +IISSI ER E GORDON. COMMISSIONER ( :HEODOREGIBSON IC. Y J. L. - , . MAYOR MAURICE A, RRE p W. ANDREWS, CITY MANAGER A. P. CROUCH ASSISTANT CITY MANAGER JOHN S. LLOYD, CI� A NEY H D II�RRNN, LITY K RALPH b, UNGIEE ISSISTANTLITY CLERK AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG, A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED AND SECONDED AND WAS PASSED UNANIMOUSLY, ALSO POEM JUL 311975 RETAIN FIRM OF HASKINS & SELLS FOR ACCOUNTING AND AUDITING PROCEDURES FOR: RETIREMENT SYSTEM BOARD Mr. Edmond J. Gong: Thank you, Mr. Mayor, commissioners. As you will recall in J'ar.e you approved my appointment as the legal counsel to the Miami Employees Pension System, the Police and Fire System. We are working to understand the system and to get facts and under the ordinance establishing this system splitting it away from the plan. You permitted the trustees to appoint any professional help that we would need to assist us in administering this pension fund and we had at the last meeting a unanimous resolution passed to have the attorney engage a CPA to assist in going over our bank reports and or investment reports and t yelp :::s to understand the figures and I have talked with the firm of Haskins dna Sells. They have submitted an engagement letter, they would be happy to repre- sent us and I would recommend... Mayor Ferre: This is your recommendation? Mr. Gong: Ycs, it is. Mayor Ferre; And I would imagine the fees are the standard fees that are charged for this type of thing. Mr. Gong: That is correct. There I've stated, Mr. Mayor, in the engagement letter,.. Mr. Plummer: I have a letter, Mr. Mayor, which I will submit. Mayor Ferre; Did your board officially vote for that and are they on record? Mr. Gong; Yes, they area Mr. Plummer; We were unanimous. Mr. Gong; Correct, Mr. Plume Mrs. Oordont t it, The amount tnation.. . I t' ll mace a motion have no o ►ieotion, t of the fees that are Mr. Mayor, allowing this. lust warted` Mr. Mayor.. Ok, 1'11 second in the letter, that isn't priviledged inform MY. Gongs Not at all. it's public. Mrs. Gordon: Ok then, if we may have a copy. Mrtort fifes, that's the original for the Thank you. Mrs.* Gordon. The fallowing notion was ihtroduoed by Commissioner Plummer, who toVed its adoptions MTV* NO. 7S-696 A MOTION APPROVING TIC ACTION OP THE CITY OP MIAMI EMPLOYEES TIBE - IIEN'i' SYSTEM BOARD TO ENGAGE THE ACCOUNTING FIRM OP HASKINS & SELLS FOR PERFORMING SERVICES OP AN ACCOUNTING AND AUDITING NATUPE. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor ferre. NOES: NOno. ABSENT: None. PERSONL APPEARANCE LM K OQK L.ORIDA t'OWER & LIGHT CO. JUL 311975 REQUEST TY ATTORNEY TO WITHDRAW MOTI�N PLACING r &L FRANCHISE FEES IN ESCROW URGING PUBLIC SERVICE COMMISSION ETC. M yar Ferre: We have Clark Cook who is here from Florida Power and Light who prnh 1c11 that he wants to share with us. t'rs. Gordon: While Mr. Cook is coming forward may I tell you that the Affirmative Action items that we have here, have they been submitted to our Affirmative Action agent for scrutiny before we vote on it? If not I think that she should have that opportunity. Mayor Ferre: Have they been submitted to whom? Mrs. Gordon: Our Affirmative Action agent before we approve them so that... Mayor. Ferre: Mr. Andrews, would you see that Ann Nicol' gets a copy of this and we'd like her here in the afternoon when we vote on this. Mr. Lloyd: Mr. Mayor, it might with apologies to Mr. Clark Cook= I might give a brief word of explanation which might streamline the thing a little bit. The Public Commission sometime ago entered an order regarding the manner in ..p,L�F. power companies in Florida pay franchise or charge for franchise fees. Mayor Ferre: Wait a moment, because this is very important and I want everybody to hear it because this is going to end up being a problem. I want everybody to listen to this. Go ahead. Now the legislature... Mr. Lloyd: Wo, the PSC, the. Public Service Commission entered an order some ago affecting the manner in which utility companies charge franchise fees to CuEtome16. They some time later invited by another order municipalities and agencies who were affected by this who had franchises with the various power panies to file briefs with their thoughts on the subject. Mayor Farm. . Like the City of Miami - Mr. Lloyd: Yes, sir. And the City of Miami did file such a brief. Mayor Ferro: Because what is affected is $4,000,000 of city funds, Rtght? Mr. Lloyd: Yea, sir, that's the reason. ation with nmembere of the Florida League adopted the City of Miami brief we filed payable under the old system to the City time their other com- Now along with that brief after consult- and other members and several of whorl have a motion to have the funds which would be of Mi.uni placed in escrow, Now the reason-- JUL 311975 for that war; to attest to insure a quiek deeiaior► t5ne way or another by the Public Service Commiesion because of the Public Service eonisaion mare to sit on aria matter for a year it mould cost the City a substantial &Mount in funds. Mayor Perre: Like the Supreme Court has done in another uteri Mr. Lloyd: Yes, t3ir. The trux of their deeisi i was thigh led tie to this opinion, wag that it said in there that any future opinion they made to ehange or otherwise this particular order tht they had previously entered would be prospective and hot retrospective its its operation. Mayor Perre: Put that in language so people can understand it. Mr. Lloyd: Por instance* they invited us to file briefs here beak in June or July, that was a dealirie which we filed well in advance. Mayor 1erre: .,uat get to the point of this retrospective and prospective. What does all that mean Mr. Lloyd: That means they wouldn't go backwards. Everything would be after they filed their; suppose we got a decision in our favor. Then everything would he, the change would be only after they filed their new opinion and if we're right and they're wrong, if they change their opinion then the funds which have been affected would be lost. Now then, the PP&t and their attorneys have contacted ur and suggested that our motion as it is, and I think Mr. Cook can explain thie far better than I, the sense of it is that this could affect some large loans or bonds which they're attempting to get at this time. The there fact that we've filed such a :ration they're asking 'is to withdraw the motion. t believe, Mr. Cook, you may proceed from there. Rev. '=iLson. Something you said that didn't register. There was something said there that I didn't understand about loss of... Marc,r I r. r.: Well, that's going to get very complicated. I'll tell you what I'd 11.Y,e to Let's let Clark Cook snake his statement and then I'm going to make a statement trying to see how I understand it in layman's language because John is getting better and better every time but he still talks like a lawyer. We've got to get it back to language that we, the people can understand. . Lloyd: I apologize, your honor. mayo-• F..rre . Don't apologize, that's your job. Rev. Gibson: So that I could understand it, you have said to them, "You're sup- pow,d co pay ,his franchise tax and I want you to put it in escrow, put it here." Is that what you said? Mr. Lloyd. What ws said, they're paying the franchise tax. It is a manner of charging to the customers and of course ... Ma-er Fe;re: 1 think maybe I'd better explain the politics of this so we under- stare what happened. Now there are three people up there in Tallahassee called the Florida Public Service Commission. Now they get an awfully lot of heat like we do. So you know what they did? They said here's what we're going to do, in- stead of having this franchise tax in the bill we're going to take it out of the bill and we're going to put it as a separate item and then let the City of Miami worry about it. in other words who gets the blame for that, who gets the rath of the citizens - the guy who holds the franchise which is us. So as you pay you bill now with the way they want to do it, what you're going to see is this It's going to3 say: Alex and Rose Gordon, such and such Bayshore Drive, and then it's going to say; Bill $142, that's your light bill and then it's going to say, City of Miami. Franchise Tax, $6.73. And then you're going to say, well look at that darn City of Miami hitting me with that tax, So then what's going to happen +..hes: she anger supposedly of the citizens falls on the City of Miami and not on the Florida Public Service Comunission which ought to be abolished and it is long overdue for a real first class overhaul, But what can I tell you, this is the game of passing the buck. That's what the name of it is and now what hap pens is that we're not going to play this game sitting down we're going to play it standing up. Now you tell us what problems this causes you, Mr. Andrews; Mr. Mayor, one more point of clarity so Father Gibson can have the benefit of all the information. Prior to this action the bills when you received JUL 1975 7 • them for your residence would have reflected a &ales tax, a fuel adjustment accounting, a City of Miami Utility Tax and then the total billing and in that total billing would have been Cho Franchise Tax because it is an overhead. New What the ootetiebieh has done is pall that PranchiseTax out and added it to thee& item that appear on the bill so now when the recipient in the City of Miami gets a bi11 there are tWo places that era► identified that the City of Miami is charging one 10% for Utility Taxes and than a Pranehiat i'i on top of that. That could cause us a great deal of trouble and people ate §eing no questien they should be in a benee double taxed. Mayor Petra: It is going to create all kinds of misunierstatidings and it was a very very, it was not a nice thing to do. tk how you tell us. Mr. Clark Cook: Thank you, Mr. Mayor. Honorable members of the City Cc aission, sty name is Clark Cook and I'm Matti Division's Consumer Service Manager frOM Florida Pourer and Li< ht Coittpahy. M1y address is 25 S.E. 2rtd Atiehee. The Florida Public Service Commission has requested that affected parties file briefs relates ing to their investigation of the treatment of franchise fees for rate making pur- poses. In response the City of Miani has filed such briefs. Certainly we have no objection to such filings. FPL has in fact filed a brief with the P.S.C. which does not object to the change in the method of collecting franchise fees sought by the city. We do, however, request on behalf of our customers and our cOnatit- uents withdrawal of a motion filed by the city which requests that these franchise fees be held in escrow. it is our understanding that the principal purpose of this particular motion was to obtain a prompt hearing before the Public Service Commission. Cub: vital concern is the potential dataaging financial impact that could result by the filing of this motion. We're now in the process of concluding arrangements for needed additional financing and such action could produce a col- lapse of present financing, the result of which could mean our inability to secure necessary fina.neing or haeing to borrow funds at a higher interest rate. If this were to occur the ultimate burden of paying for these increased costs would unfort- unately be borne by our customers and our constituents. It is these people who must ultimately pay the higher cost of producing electricity. You may recall that i:h.s unfortunate circumstance has occured just last November when a state offi.rla1 rendered an opinion on our fuel adjustment. This action caused, the col- ]a;;ee of a aeorable financing and resulted in FP & L eventually paying a higher cosc eo finance. In our sincere effort to hold the line on all costs we would respectfully request and strongly recommend that this particular motion be with- drawn and if a prompt hearing is desired substitute it with a motion requesting such prompt heating. You may be assured that Florida Power and Light Company will continue to honor its obligations to the city of Miami in accordance with the term of the presently affective franchise agreement.' We urgently request that this com- mission Approve our recommendation. Rev. Gibecn: I'm not so sure I understand. Mayor Ferre: Well, let's see if I can reconstruct what is happening. It used to be where our little f-ranchiee tax where we're getting by the way 4, million dollars used to be part of the bill. Now, since the Florida Public Service Commission is under the gun by you big guys, by your giants (this is populous language now).. You tip et:ye are out there increasing.- yesterday it was Southern Bell and every- body Now I'm not arguing about that because I didn't even go to testify. 'are you are increasing the bills because your rates are going up and it's no icnger going to cost a dime it's now going to be 200 to make a phone call and what have yot and all of these rates and all of these things are going up and you need more money which is why I've kept quiet because I think Florida Power and Light is in desperate needs of funds to expand and meet the requirements of future Florida. Pet, the Florida Public Service Commission is granting all these increases pretty well, more or less. You've gotten more than what you -.wanted than less. Now there are the pre,'sures. What they do is they say, "Alright, I'll tell you what, let's put a little bit of this burden on the city." So they say, "Let's take odt from the biii a franchise and put it under the line so that these citizens won't be angry at the Florida Public Service Commission." Now they're going to get angry at the City of Miami because the bill says City of Miami Franchise Tax. So now we're cont-.psting that. We've filed a brief. Is that right, Mr. Lloyd, we filed a? Mr. Lloyd: Yes, sir. Mayor Ferre: Alright. Now, what we're in affect doing is we're going to say, "Well look, while this thing is settled we're going to take this (How much i:3 our Franchise Tax, .its it 3 or 4%? what is our Franchise Talc, Mr, Lloyd?) It's 6%, Alright, now we're taking the Franchise Tax and we're putting it into an escrow account, Is that ,correct? f Mr. Lloyd: No, Wa have moved, Mr. Meyer, the me to place those funds into an eberow ayee,ti t pending determination by them of the eventual outcome of this sit= Nation. Mayor Petrel you see, in other words we get those moneys anyway, don't we? We have the right to those moneys, they belong to us. Mr. Cook: Mr, Mayor, den l help you lust a minute? tat Ana say sthing in kind of plain English, The piorida Power and tight Company has no abjection to the city filing these briefs.on this public Service Commission toeket. The Public Service Co fission simply came back and said to the parties who ware affected by their rul- ing on franchise fees, "please file a separate brief if you disagree with what the Public Service Cam ►ietibn did." which the city has done. l think that'e great but you've put a little stinger in that brief iri that you said, "Mold the franchise fees in escrow." Mayor Ferre: Wait a minute, the franchise fees in the past have been held by you anyway and paid to the City of Miami. Mr. Cook: les, sir. Absolutely. Mayor Ferre: So why do you object to keeping on doing what you've been doing... Rev. abson: That isn't what he's saying. That's jtiet the point. He's saying that you ought to not put the money in escrow, let him handle the money in the manner in which he had been handling the money that he'll honor his bill at the end of the year or whenever that given period is. Isn't that my understanding? Mr. Cook: That's correct. We pay the franchise fees once a year. There's no problem there. The city filed a separate The city filed a'little attachment to their brief trying to hurry the Public Service Commission into a hearing asking them to put the franchise, asking us to put the franchise fees in escrow. If we do that it will affect our financing which we're .... which will cost our customers money. Mayor Ferre: In other words, what you're telling us, Clark, is that you're using the money of the people of Miami to operate or finance until the end of the yeaz. Mx. Cook: Our contracts. Yes, our contracts or obligations which the City of Miami calls for us to pay it in June of each year which we have no objection to and which we've been doing. All we're asking for the city to do is withdraw the motion to hold the money in escrow and refile a motion requesting a speedy hearing. That will accomplish the same thing and won't affect our financing. Mayor Ferro: Who does the money belong to? It belongs to the people of Miami. Mx. Cook: It belongs to the City of Miami, yes. Mayo' Ferre: But now what you're saying is that under a contractural arrangement you really are not obligated to pay until June and what in effect we're forcing you to do is pay it monthly. •� . "ok: No, sir, you all are not forcing us to pay monthly nor have you asked us to pay monthly. If you asked us to pay monthly or wanted to renegotiate the contract to pay monthly it is a very strong possibility it could be negotiated. Mayor Fer::e: What's happening is the money is going into an escrow account. M.:. Cook: two, the money stays with Florida Power and Light to the month which it is paid which I believe is July each year, We bring the city down it's check. All we are asking the city to do, again if the city wants to renegotiate the franchise which we've offered to do a number of times we'll be delighted to renegotiate the franchise. That does take a long period of time as you well know. Now by your City Attorney filing a brief asking us to put the money in escrow you are going to affect our fne.r.ci.ng. Mayer Ferre: Why? You're paying the money anyway, Why would it affect your financ- ing? Mr. Cook: Because we'll have to file, we're in the middle of a financing now for additional bonds, we'll have to file in that financing for those bonds the fact that we have or are having to hold franchise fees in escrow which will put a cloud on the financing. JUL 311975 Mayor parrs: Why? You e get .to pay them anyway. Mr. Ceokt Well, true but it will still put a cloud one;. An example... Mayer Parfet I've been in enough bond issues and finaneing where you're going to have to me, Now tell me where I'm wrong and than I'll let you talk. You're not questioning the negotiated eontraetural arrangements mbleti we have. Mr Cook: Absolutely not. Mayor Ferre: The City of Mi gets a 6% franchise from plorida Power and Light payable in July of each year. MY. Cbbk: That's correct. Mayor Verret And you accumulate titbits funds and then pay it onee a year. Mr. CookThat's correct. Mayor Ferre: Now you have no questions as to that. Mr. Cook: 1 have no problem With that. Mayor Ferre: Now you also... Those things are accounted for in your cash flows. Mr. Cook: That's correct. Mayor Ferri:: And your budget, it's projected as part of your yearly budget that you estimate your revenues will be so much and you'll have so much to pay to the city. Rights Mr. Cook: That's correct. Mayor Ferre: Now your prospectus that you prepare or your red herring or whatever it is that you're doing for your financing instrument, you're projecting that in roui: cash flow. Now what is the difference whether you project it based on an escrow account or whether you're projecting to pay in duly anyway? Mr. Cook: Alright. By basing it on an escrow account, Mayor, the money is unavail- able for me to use and changes my financial picture. Mayor Ferre: Ok, so what you're saying then is that the three or four hundred thousand dollars, a month that is in the use by Florida Power and Light throughout the year is now being tied which is what I was trying to say before which you said no. Mr. Cock: It's being tied up. Mayor Ferre It's being so you cannot use it in part of your cash flow throughout the year. Mr. Coc: That's correct. Mayc,: Ferre: But in effectwhat you're saying then is that we are legally tying what does not exist in the contractural agreement because the contractural agree- ment is that you pay it .once a year. Mr. Cook: That's correct, Mayor. Ferre: And which has always been my objection, as you may recall it going back to the days when I was an advocate against Florida Power°and Light increases. Ate you my recall, my argument always was that you were using end of the year figures in your construction to determine your base and in my opinion you should be averag- ing , Mr. cook: I'm well aware of that. Mayor Ferre; You remember that argument. Mr. Cook: I remember that very well. Mayor Ferre: Now in affect we're back, this is a different ,thing but it is similar because what you're saying is that you want the use of those moneys throughout the year. Now the only difference where I think 1 might end up agreeing with you is tkrat JUL 3 11 7 if we have a r`ontraeturai obligation, and I'm going to tell yeu if I'm around when we renegotiate that you're not going to get that. Mr. Cooks Mr, Mayor, 1111 be perfectly honest with you t think our new franchise agreement will probably call for that. We have talked about that a number of times ad we are willing to renegotiate the franchise agreement any time the city is. Yea ma'am, we'd be glad to renegotiate it new if the City asked ma to. Mrs. Oordont Well, maybe we might consider that4 Mr. Mayor. Mayor Ferret tpe've got seven year to go, rive years... Mr, Cook: Five, 1081 it runs out, Mayor Ferret And we have where We're now getting 6%. Now by renegotiate do you mean to go up? Mt. Cook: No, I didn't mean that► sir, Mrs. Gordon: He means we might get it monthly and then we could use those funds as cash flow for the city instead of Florida Power and Light. t think that's what he is saying. Mayon Ferre: Rose, I know Florida Power and Light well enough to tell you that they're not going to give up something without getting something and 1 want to know what it is that you want. Mrs. Gordon: What they want is that the escrow account not be established. Mr. Cook: I need desperately to eliminate the escrow account for the simple reason it will tie up my financng which could result in costing Florida Power and Light money which is ultimately going ... Mayor Ferre: All right, would you be willing to give us monthly payments on that? Mr. Cook: On a new franchise, I'd be willing to negotiate with one and I'm sure something would be worked out. I can't promise you standing up here. I believe if you look at ether franchises.:. Mx. Andrews: Mx. Mayor... Mayor Ferre: Don't get excited, Paul, we're just talking. Mr. Andrews: No. The City Attorney has a counter suggestion. Mayor Terre: And this is not a secret negotiation. Mrs. Gordon: No, it's in the sunshine. Mr. Lloyd: We concurrently have discussed a possible counter suggestion to be negotiat-A by Mr. Andrews. If I may be permitted, Mr. Mayor, to ask this through you to Ar. Cook. Could you tell me what would be your position, Mr. Cook, toward ratha: than just in your brief where you haven't really objected to our position to changing it to concurring with the city's position regarding the manner of pay- ment and becoming the manner of charging... Mr. Andrews: And becoming an advocate. Mir. Lloyd: Yes. Mayor Ferre: I'm all for that. Mr. Cook: That puts me in a very difficult position and I really can't answer that John, now standing here and looking at you, We have filed a brief not object- ing to the 72'.ty filing, not objecting to anything the Public Service Commission... Mayor Ferre: That's not strong enough is what he's telling you. Mr. Cook: 1 kind of feel that the Public Service Co mission should re:;o].ve this rather than Florida Power and Light Company. We're kind of the third party, we kind of got caught in the middle, ME.yor Ferre: Let me tell you what that means. That means that they don't depend on the City of Miami Commission very much but Florida Power and Light like any utility JUL 31197 it absolutely dependent on the Public Service Camisoles for lite or death so they're not abet to antagonise the three commissioners up there and if t were in their shoes that'a exactly what t woild do but that is not necessarily the best interest to the people of Miami, See, you've got to worry aft your fore* sentation, we've got to word' about curs, Our constituency is the people of Miami and if you want us to give this tip I want to know what you're going to give us. Mt, Cooks 1't certainly be more than glad to start negotiating a nsw franohise with the City of M3 ami ii. Mayor t'ecres What does that mean? You know if we'rre going to go negotiate we're going to negotiate up, we're tot going to negotiate down. Mr. Cook: I didn't say to negotiate down.. t'd have to start out in an honest negotiation, mayor, and simply come back with what Florida power and tight Company can do. We would be glad to do that which we have offered to do a number of times. Mayor Terre Mt. Andrews, I'd like your opinion on this. la there any advantages for us to start doing this now? Mr. ?i drewa: Yes, there could be. Certainly. Rev. Gibson: Mr. Mayor, he said there could be. Is there? Mr. Andreas: Well, you see, the current franchise has 9 years to run to 1984. It is true that our bonding indebtedness against that concludes in 1981 but this runs to to 1984. They've got 9 years to continue on and from thst position of negotiation I would think that the City of Miami; it's not as much.concern.to them as it is to the City of Miar;i . Do you sense what I'm saying, Father? Rev. Gibson: Yes. If we pursue, if we do what he wants us to do are we, we aren't hurt any more than we were being hurt anyway. Isn't that right? Ok, let me put it anot.nrr. you weren't getting the money anyhow. You were going on say, "Ok, at the c71•4 of the year give me my money." These people have said consistently by perform- :.� thi.= in wiia'. I'm doing... "OK, here is your money." Isn't that right? Mayor Ferre: Right, by contractural. In other words we agreed to do that when we put our John Hancock on it. Rea. Gibson: Right. And now in the middle of the stream, and please understand I don't work for Florida Power and Light Company I work for Christ Church and the cit- izens. Ck? In the middle of the stream you're saying to these people, "Change the rule cf the ballgame." That's really what you're saying. Mayor Ferre: That's right. Rev. Gibson: Now you know I want everything I can get for the people but I think we ought to be honorable in dealing with people and I could understand why we did that but you have to admit that you have a contractural agreement which says... this is what you're going to do. ++ :• ..r: _,erre: 'tes, but let me be the advocate cn the other side. Let me keep with t.r:a :lrgu:aent on that. You see that's between him and you. OK? You're the city, ze's Florida Power and Light but all of a sudden it doesn't take two to tango, the third guy walked in. The third guy is the Florida Public Service Commission and he says, "Look, I want to be part of this dance too," So he gets in the middle of it and he says, "Now this isn't a two way deal this is a three way deal." And then t'ey change the rules of the game. Now it's not our fault, we don't like the new rules. We say, "how wait a moment, we're having a nice time dancing here. Why do yr..' want to interfere and get into the dance?" But now we got a third party and he's changing not only the tune he's changing the steps. He's saying no, we're going to dance to a different song and we're going to do it in a different way. So the Citl Attorney goes in and he says, "Ok, then we want to appeal that because we don't Iikr. what you're doin9.and while we're appealing it we want to hold up ` ef. moneys." Ok? So you can't blame the city for protecting our position because the law gives us that right because we've got a new game now - we've got a aew dance and there is a new drummer and what I'm trying to say is this, Father, it's not a two way deal; itis a three way deal,and'the Florida Power and Light are victims of it, The Florida Public Service Corni.ssion are playing 5 ames and they're playing games that affect us. Now this is the only way that we've got to protect ourselves. Ncw as fax as I'm concerned this; how do you negotiate when you get into a thing like that? You negotiate from strength, Because what in affect we've done is the one thing that really steps on his toes, OK, and I'm .s JUL 311975 willing to get off of his toes but 1 want to know what hale going to do for us. 1s he going to dance a little bit closer or is ha going to be a little bit nicer or is he going to rub our backs {While we're dancing or what is he going to dot What le he going to do for uB if we get off of it tree? 'That'{; lust the way the game is played. tt just happens to be that you're right, thereis a eon. traetural arrangement and t think we have amoral obligation but somebody ogee in and broke that up and it isn't his fault and it isn't our fault but we're victims of it. Now we've stepped on his to and new t want to knew is, ek, we'll get Off your to .6 you tell us what you're going to do for ue Mr. Cook: I'm certainly going to dance a little closer. 1 think the key here, Maurice We've always dilir g to ranegbtiat+e the franchise at any tithe and would Offer the city every opportunity tb do that, lti fact, 1 personally have bftered. 1 know many Of our people have. The reel key here is not that you've stepped on our toes as tmich as that by etepping Oh our toes... we're not bblecting to your filing by any means of the imagination but by putting the eeorow it it could well cost us to lose our financing Which could well cost ua additional eaate ih our operating expense area Which could well make the cost of energy increase and 1 don't think that's in the best interest of your constituents anymore than it is our custeMers' Mayor petre: 1 know Clark, but there is a wonderful saying its Spanish which is: Once you pay the musician he doesn't play. You see, he doesn't play your tune and what I'm telling you is that the only thing that we've got going for us right now happens to be this. Because how much affect do you think our little suit has before the public Service Commission? bo you think those fellows are going to kowtow... Mr. Cook: We11, first, it's not a suit a brief. The public Service Commission asked for these briefs and many cities are filing these briefs which We have no objection to. Just the escrow area which could affect the cost of energy. M&:yor Terre; Clark, you don't want to get into a tirade about this, do you? rig. Cook: No, I don't. Mayer Ferre: Because I'll tell you I'll give you a long speech about what is wrong with the Public Service Commission. The Public Service Commission wants to act as judge, jury and advocate and that is what is wrong with it. Ok? Now here they're asking us to give them briefs and they're going to perform as an advocate and then they're going to turn around and be a judge and they're going to !;e a jury. All I'm saying is that as far as I'm concerned our brief isn't worth the paper it's written on because that is going to be ready by some lawyer, with all due respects:to that profession, who is just going to say something and nobody is going to pay any attention to it and they're going to do it anyway. They've done in the past, they'll do it in the future. So all I'm saying is that if we h-ve any cloud at all it's through you and I want to know, I think you've got a valid point and I'm with you, now I want you to tell me what you're going to do fcr Kos. Mr. Cook! The only thing'I can do for the City, Mayor, is offer to renegotiate the f r,,1,rhise offering the latest which we put into our latest franchise which ua r•egotiated with Broward County which was recently passed which I believe did call for monthly payments. Mayor Fern : My opinion is that..in fairness that on a good faith basis, and I mean a good faith basis because I'm going to be looking at you in the eyes again before this commission, that we'll reopen renegotiations and put the Manager to start negotiating and by negotiating I mean up not down. We don't negotiate down around here. Mr. Cook; We'll be more than delighted to work in that area. Mayor Ferre; And amongst the things that we want to include, Mr. Manager, is monthly payments because we can work that money just as well as you can. Mr. Cook: I can understand that. That doesn't appear I believe to be an object- ion. We simply need the escrow removed where we don't affect those higher energy costs Rev. Gibson; Mr. Mayor, you now I'm laughing because this is all. I was saying in the beginnins. If you really believe in what you're telling bs you know you could give us a comuittment that WE, when we go to bargain, sit down a part of the propose is going to be without debating that we're going to pay that money in monthly JULa11975 installments. you see, What # ditooveredl you know I'm net a buginetsman but disebver�d that you were holding $4,000,b00 tor a period el a year. Man, you know 1 went to eehool at night. $4,000,000 in your hand, let's say that is o that every ninety days and you know t know stow the sae tells met *Well, you know Father, we've get to eharge you 4% for the uaa of the money. You base, and what we're doing is beeause you're taking all that time you're using the $4,000,060 as it accumuietta. 1 understand that. tut 1 feel obligated that the feet that you that r have a contract with you that makes me feel very uncomfortable. tut 1 think the mayor is right. Mayor Ferret Let me tell you just for the record I don't know that meh about that franchise tax but I know enough about it to tell , you that it is Avery very complicated technical and drawn out legal docent. It ie not an easy document to understand. It has all kinds of ramifications. Mow let me for the record state to you, Mr. clark Cook, to you Can taste the message back to Big Mae and all the people up at the top, Gene and all of bur goof friends that you know tight now the way this thing works is that you pay 6% but you eubtraet the ad valorem value of your properties from that and we may not want to subtract that in the future so you start sharpening up your pencil and start figuring that out. As far as I'm concerned I think on a good faith basis Florida Power and Light has always been eminently fair- and open in my opinion even :though I haven't always agreed with them. But I think they've been fair with the City of Miami and therefore, I would certainly go along with with you. I don't know if anybody else wants to on that basis. I think the motion should be tt.at we agree to change that aspect of our brief holding the escrow with the understanding that Florida power and Light will then reopen for negotiation the existing franchise tax considering that the City of Miami has some positive things we want to add. Rev. Gibson: Father, 1 can agree to that. Let me answer Father Gibson a question. Father, I cannot in my position say to you that 2 will guarantee that I will guarantee the city of Miami from where I stand that they will get a franchise equal to any franchise that we have now. Rev. Gibson: I want to tell you want I told Metropolitan Dade County when they cane here. I want to know that you are going in that meeting'with a positive att:dtule and energetically advocating our position. You can tell a man, "You know n:an, I'm for you." And you say to a man, "Man, I'm really for you." And you know there is a lot of difference in those two tones. You know what I mean? Mr. Cook: It will be positive. Mayor Ferre: We've got to move now. Father Gibson makes the motion, is there a second to the motion? Mr. Reboso: What is the motion again? Mayor Ferre: The motion is that the City of Miami will withdraw that portion of our brief which deals with the escrow that has been established... Mr. Lloyd: Mr. Mayor, may I suggest please, the motion should be to instruct the City Attorney to withdraw the motion to place the FP & L franchise funds in escrow. :1 ycr Ferre: That is not the motion, not by a long shot because that's only #1 of the motion and that's the whole point of all of this - and #2 to instruct the Manager to immediately start negotiations with Florida Power and Light for the Franchise Tax which does not come due until 1984, whatever it is; and that the sense of this commission in doing this is that there are many advantages that the City of Miami is going to receive by renegotiating this franchise at an early date. That's what we're saying. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 75-697 A MOTION REQUESTING T.THE CITY ATTORNEY TO WITHDRAW THE MQTION PLAC- ING FLORIDA POWER AND LIGHT FRANCHISE FEES IN AN ESCROW ACCOUNT; AND FURTHER URGING THE FLORIDA PUBLIC SERVICE COMMISSION TO EXPEDITE THE GENERAL INVESTIGATION OF FRANCHISE FEES AND RULE ON THIS QUEST- ION AS SOON AS 'QSSIBLE, Upon being seconded by Commissioner Reboso, the motion was passed and adopted by a unanimous vote. 1 iJ JUL, 311975 ,;11R`aOST�bYCITY MANAG JUL d i CITY ENVIRONMENTAL PRES �'AT!ON ORDINANCES POR RECOMMENDED CHANGES TO REOLVE PROBLEMS ETC r Mayor Perte t Via sorry to do this to all at you a ib are waiting en the regular agenda but we have an item here Which Wig. Gordon wants to bring up and it really d+eserttas some attention. This is Michael Sirnonoff on the environmental pteser nation fieltiese board and he's been trying to come up here. Rose. why don't you explain it, Mre. Oordont All right. There are saute ambiguities in this board's direttivee. Michael, would you dome forward please, and explain thorn please. 1 have the papers here and if 1 explain it then he won't have to and he can do a better job at it. Mr. Michael simonofft My name is Mike sitohoff. I'm chairman of the tntrir0ftnental Preservation Review Board for the City of Miami. Mayor Ferret Mike, how long are you going to take/ Mr. simoncff. Probably about 5 minutes► i think. We.... I'll say a few worde and then there will probably be a little discussion and 1'd like Dave Scully who is Vice CLeitman of the Board to say something too. Mayor ferret Well, if it is going to take much more than 5 minutes then we're going to have to schedule it later on in the day because there are a lot of people waiting. Mr. Simonofft Ok, we'll do it. The ordinance Was set out so that private indi- viduals as well as the City of Miami would take every effort to preserve the natural environment. New we have some conflicts and overlapping of authorities within the ordinance. I sent a letter to the commission on June 6th based upon a meeting that the boare had. What we would like to do is have the city place all public rights -of -way and parks under the jurisdiction of the ordinance so that we can eliminate anyconflicts and overlapping of authority. By doing this we certainly will say*e some money. There will be maybe one crew removing trees instead of two uiffer{nt crews from two different departments and we'll have some sort of an idea tolekt i a eeepening. Now we had an example down here at the extension of Mac Farlane where two mahoganies were just ripped out of the ground because there wasn't prior thought, It's not to say that those mahoganies should not have been moved but the manner in which they were removed with no one knowing about it and they are dead ncw, we. stopped by. This won't happen if we put everything, all the city depart- ments *leder the ordinance. Now if the citizens have to do it I think that the city really ought to have to do it also. If parkways are designed there should be one group that designs those parkways. If trees are going to be removed then there should be one qualified crew that is going to remove and. relocate and replant those trees, Mayo Ferret I think that is a valid point. Mr. Andrews, do you want to... Mr. Andrews: Yes. I have no objection to the inclusion of the parks as part of the ordinance but I think that we're going to create some problems if we include the public, rights -of -way. We've been extremely conscious and have a background of tr};_:,g Lc improve the public rights -of -way. The incident that you refer to, az:e more trees in that location than if those two mahogany trees die as a result of this they're going to be replaced. We've already planned that. But the trees in that particular area, there are more trees there now than when we started out with. We've added to the landscaping in that area and I think the conscientiousness of the City can best be demonstrated by the way this is being eainta..i.ned along Bayshore Drive. And without anybody asking the Department of Public Works went ahead and began beautifying and fixing up the parkway leading down to the waterfront on Mac Farlane. So I would request that you at least at this Cole not include the public right-of-ways but do ine]ude the parks. Mrs. Gordon: Will you speak to that, Mr. Simonoff7 xr, a mcn ff: Yes. I think that Public Works has indicated a willingness to work and I think this can all be done administratively. 'If they're going to do transplanting of trees then there should certainly be a qualified crew to remove and relocate those trees. Those two mahoganies, I'm just finishing a landscape design where I'm having to pay close to $200 a tree for mahoganies a little bit smaller than those e.nd that's taxpayer's money that is getting wasted and that shouldn't happen anymore' Now if -the trees had to be removed COX, They should have been removed properly and all I'm saying is that all the departments should work within the framework of the ordinance but that can be done administratively as long as the city expresses the desire that all of the different departments 11 JUL 311975 10 should fall within it. if a citisen has t6 d6 it and they call me 4 thera must hay.+ 'Seers SO calls because of those trees and they called me and the!, said, "Why doesn't the city Watts to do D. if 1 have to db it7" ate they have a point. Mrs. taordon: I want to ask Mr. Other if he doesn't have any ablecticn why don't we just proceed and include it. Mr Grimes I do have an objection. 1 disagree with it violently. When he says he has taped to Public Works about this he's taking liberties that I don't think he should. 1 think that our track record if developing Public rights--or-way is one to be proud of. Now it ie unfe rtunate that this tine mahogany tree the rope slipped andktt skinned it - that's all what happened. But on Mac Parlane if you'll go down and look at it you'll see that we've brought in sumo Limbos. We've transplanted a Picus, some mahoganies. We've repeirsted the anchor; we've decorated the foot of Mac parlane Street! We've planted Perriwinkles. Mrs. Gordon: May I :yak a very pointed question/ Why mould ybu , beve any objection? It's all a matter of coordination under one responsible board. Mr. Grimm: Because this ordinance could even get us involved in going to public hearings to prune a tree. Mrs. Gordon: Is that true? Mr. Simonoff: only if it fell within an environmental preservation district. All it takes is a phone call and I'm not knocking Public Works I know you've done a beautiful job and you're continuing to do so but I feel that if we get certain areas., I'm not saying you have to come before an Environmental Board to ark our permission to do something which you have the right to do anyway. I'm just saying that if you do it you should have qualified crews to do it and I think if you have one crew that it handling this instead of different crews from different departments we're going to save a lot of money. Alright, 10 minutes have gone by and I think we all know the argu- ments. Now let's see what the will of the commission is. Mrs. Gordon: It needs some amendments to the inclusion of the ordinance and I think that perhaps they have to be prepared and made ready for us. Is it possible that we could ask you to get together with our Manager, someone from his staff and get these corrections to us so that we can take some action? Mr Simonoff: To put it in a form... M.s. Gordon: Exact recommendations for amendments and if in fact Public Works feels that they want to be deleted and the parks are to be included then that... Mr. btmonoff: The whole idea is to be fair and get rid of all this bureaucratic red tape but it Should apply to all. Mrs. Go -Jo..: Right. Would you prepare the recommendations that your board is ;:wor Ferre: Mike, I think what you ought to do is, let me just say as one voice oet of 5 here that I am in principle in agreement with what you're saying. I think, however, there are some conflicts with the existing ordinance that would have to he worked out because you certainly don't intend to have the government c. the city going to you to prune a tree. So let's get these things worked out acid o ing it back then... Mr. Simonoff; It is an administrative process that would happen but all that we're raying is that it should, that all city departments should follow the law that the citizens have to follow. ;3ayo; Ferre: Mr. Andrews, would you bring it up for discussion then after the administration has gotten into the -discussion and come up with a recommendation for the September meeting. Do we need a motion for that? Mrs. Gordon: I'll move that, directing the Manager to come pack to us with specific recommendations for consolidating the responsibilities for the Environmental Preser- vation under the board. 2 JUL 311 75 The followting metiott was intgodUoed by Comissioner Gordon, olio molt its adoption t MOTION NO. /Si07S A MOTION REOURSTINC THE CITY MANAMEA TO STUDY .THE Cl''Y' S ENVIRONMENTAL PRESERVATION.OMINANCE0 AND RECOMMEND CHANCES TO RESOLVE PROBLEMS ASSOCIATED WITH THE Cl'rY'DE MIAMI'S bEV OtM S IM INVIPOMMENTAL PRESERVATION VATION DISMIC"TS, upon being sec r►ded by Commissioner Gibson, the motibh was passed and adopted by the following voter AYES: Mrs. Gordon, Mfg. Plummer, Mr, Aeboso, 1iev. Gibson and Mayor Pare. NOES: None. ABSENT: Nont. Aev. Gibbon: Mr. Mayor, l'M going to vote for this which doesn't necessarily mean that's waht I'm going to be doing. t want to hear it, Mayor Ferret I vote in the same way, with the reservation to see the final document. JUL 311975 OBJECTIONS TO ACCEPTANCE SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT OF COMPLETED WORK SR`5242 "C" AND "S" The Mayor announced the commission was now ready to hear objections to accept- ance of completed work in South Pinemount sanitary Sewer Improvement District SA-5242 C and SR-5242 S. No Objectors Appeared. The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 75-699 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF GOODWIN, INC. FOR THE CONSTRUCTION OF SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242 C (centerline sewer) AND SR-5242 S (sideline sewer) IN SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT DISTRICT SR-5242 C (centerline sewer) AND SR-5242 S (sideline sewer) AT A TOTAL COST OF $997,023.40 AND AUTHORIZING A FINAL PAYMENT OF $106,978.95. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed Ana adopted by the following vote- hL::: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 13 JUL 311975 JUL 8119/5 OBJECTIONS TO ACCEP'I!NCE FASHION SANITARY SEWS IMPROVEMENT OF COMPLETED WORK SR-5'4O2 C The Mayor announced that the City Commission was now ready to hear objections to the proposed acceptance of completed work performed by D.M.P. Corporation for the construction of PASSION SANITARY SEWSR IMPROVEMENT SR154O2 C. No Objectors Appeared, moved its adOptiont RESOLUTION Nb, 75400 A RESOLUTION ACCEPTING THE COMPLETED WORK PER ORMED BY D.M.P. CORPORATION AT A TOTAL COST OP $26, 6SS • 4n AND AUTHORIPIHC A FINAL PAYMENT OP $ 2, 487 6 41 POR fHE CONSTRUC ION OP ?ASHtON SANITARY SEWER tMPRO NT Sri=5402 C 'toenterltne sever) IN PASHI0N SANITARY SCR V ROVEMENT DISTRICT SR-.54O2 C (center.. line sewer.) (Here follow8 body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Terre NOES: None. 3 1975 JLL 1 SOUTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK H-4342 The Mayor announced the City Commission was now ready to hear objections to acceptance of completed work in SOUTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT DISTRICT H-4342« No Objectors Appeared. The follcwing resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 75-701 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL COST OF $1,009,497.76 AND AUTHOR- IZING A FINAL PAYMENT OF $203,120.49 FOR SOUTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT H-4342 IN SOUTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT DISTRICT H-4342. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayox Maurice A. Ferro NOES; None, 14 JUL 311975 JUL is 1 imp GRANT PERMISSION TO MIAMI-DADE WATER AND SEWER AUTHORITY TO CONSTRUCT SUBI INTERCEPTOR VENT STAi'tON LOT C BLOCK ONE, SILVERSON AND TATUMS Mr.'Garrett Sloant 1.11 try to be brief. This is a subject of long standing in that the City of Miami former bepattment of Water and Sewers installed many miles of large diameter concrete gravity interceptors whist were placed into service as a savage disposal project in 1055. in that time we've had a prob., ism of interior deterioration of the pipe and in the early GO.s we installed a ventillation facility at Siseayne boulevard and 3?th Street which had proven to be very sueceeafial and kept the pipe from deteriorating and also we haven't erected any local nuisances there. About 3 years age its the Civic Center area we ihttali.ed another ventil2.ation facility which has operated without incident and also protected the interior of the pipe from deterioration. Our problem is that Hydrogen Sulfide forms as a gas in the sewers and the interior of the cones orete pipe is attacked chemically. you have to move air through the pipe in order to keep it clean and to keep it ventilated. If you don't do that you'll have a deterioration of the concrete. We as an agency, the Miami -Dade Water and Sewer Authority take full responsibility for the operation of these facilit- ies and we know that it ie always possible for a short tuft problem to develop but we have conscientiously operated the facility with so far the existing facilities with no difficulty. WE need your support here for the variance so that we can build this facility and protect the interceptors on the south side of the Miami River. Mayor Ferre: Mr. Andrews: Mayor Ferre: Mr. Andrews: All right. The Manager approves this, does he/ We have no objection to it. I mean you're in concurrence with this. Is that correct? Yes, there is really no choice In this matter, Mr. Mayor. Mr. Plummer: Mr. Mayor, I don't see where we have any choice. THe man has stated that it ie absolutely imperative and there is no alternate site. I move xz. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-702 A RESOLUTION GRANTING PERMISSION, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 32, E40', LOT C, BLOCK 1, SILVERSON AND TATUM'S SUBDIVISION (3-190), BEING N.W.' SOUTH RIVER DRIVE AT N.W. 3RD STREET, BY MIAMI-DADE WATER AND SEWER AUTHORITY; ZONED R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT. (Here follows body of resolution, omitted here and on in the Office of the City Clerk.) file Upon being seconded by Commissioner Gibson, the resolution was passed Ann adopted by the following vote - Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. JUL 3 I 1975 • Jut, 3 119/b RAND D TRANSIT ALIGNMENT & ROUTE BRRSUYCR,AnO IRARF.IC & TRANSPORTATION br. dyer: Thank you, Mr. Mayer. As a follow up to my presentation and discussion at your previous Con ission Meeting t did respond as you requested to the specific issues and concerns that had been raised by the City of Miami earlier in a resoluta. ion and in a series of policy statements. The response basically is that there are about 16 items it total that we discussed the previous time. Of the 16 items - We tried to coat in every case the apeeific steps that we saw Were necessary t6 resolve each issue and then set a time frame as Vice Mayor Plummer had requested to resolving each of those issues. Now basically what we tried to say is that the first three are three that seemed in the resolution to be the most eign1ficant and the Most important to the City of Miami. In those the first two, of Bourse, the proposed alignment on Le ,leune and bouglas (toad we had talked earlier, that is not a serious concern or the county has no strong feelings on that issue and leaves it basically as one that can be resolved between the City of Miami and Coral Gables. We did auggest an approach and a time frame. Mayor Ferre: Let's stop you, may we do this as you go along? l think you know John, what I find out ftc n my experience in government is where the buck passing occurs is usually 'tot intentional. somebody does not maliciously go out and say let's pass the buck. What happens is that the guy in Coral Gables says let Miami worry about it aAci the man in Miami says let Coral Gables worry about it and you say well, let them both worry about it. What happens is that nobody gets the ball rolling. 3o what 1 would recommend is that you take it upon yourself since it is your prizrary responsibility to get Coral Gables and Miami together. You call a meeting and we'll be there and we'll present our views; let theta present theirs and then we'll have it out. You see they don't want rapid transit going through Coral Gables but we don't want it going through our residential side of the street so let's talk It out. Dr. Dyer: Fine, we accept that and will be glad to call that meeting, sir. Number 2 was the proposed utilization of Flagler and Flagier Terrace for the west ce-r.irior alignment. Again the county has no strong feelings on the issue. Basically the- the recommendations of the City of Miami are very good ones. We think that that could be finalized within 8 months. We do think it requires some additional careful studying and careful working with the neighborhood and with the people in the areas and we propose to work very closely with the City of Miami on that issue over the next 8 months in trying to finalize it. The third one is really one that is to the point of needing some decisions at this point in time by the City, of i4iami and the Dade County Commission which basically kind of result in an agree- ment on a mini -system for downtown Miami. The mini -system then would be put in place over a. period of a year to two years starting, if the city agrees with the coneultanc's recommendations and assuming the county does also we would start with a mini-sycte_r of buses with planned fixed guidway mini -system to follow on as demand generates up to where one is needed. In other words do it in two stages. That is the recommendation of the consultant. That basically was one I sense that there .rs pretty mach agreement between the city and the county policy makers on that iseue. It is a matter 1 think of formalizing that on what I would propose to be a joint resolution, a resolution identical passed by the city and the county. If the cit, is agreeable to that we'll be delighted to draft it. Myer Ferre: Yes, that's important but when can we frame that? When could we go in that direction? Dr. Dyer: If the sense of the city is that you're in general agreement with the recommendations of the consultant we'll be delighted to draft a draft resolution which would be identical... Mayor T'erre: John, what Father Gibson and Plummer and all of us said and the adrninio,:retion time and time again is that there are some basic things in this whole proposed plan which go contrary to the best interests of the people of Miami. A11 right? I mean I hate to put it in those strong or blunt words but what we're sayip'j is that as in the past we are going to be reasonable about it but we want tc kz.ow and we don't want to wait until the final stage of this thing where we stand. Now if we can come to some kind of an agreement that in philosophy Metro- politan Dade County will subscribe to the general ideas that we have put out, or some of them, then I think we can cola to a final agreement, Now if wE don't come to that then in affect what we're fearful of, and it isn't an idle fear it is .a fear from experience. And you know what it is and Garrett Sloan knows what it is and we've seen it c and that is that the City of Miami is taken for granted and then we're going down the pike and all.. of a sudden the things that we need for our citizens aren't done and somebody says why don't we, well let's stop them and then 16 JUL 311975 all the newspapers start to editoralixe and everybody gets all upset saying, "Well, there is the City of Miami blocking prof Well, it just happens to be that what we're doing is repreaenting our constituents and expressing A viewpoint that the people of Miami we believe subscribe to. Mow, for us all of a sudden to say thatwe're gang to play opposeum in this whole thing and wait until the filth hour to put forward out position is not realistic, Ant what in affect Paul Andrews and the adMinistrationohd t Might say this is the best job that X've Men the adMihietratibh do in the two years that I've been Mayor be tat, in your owti words it is a very well thought out and documented position, Dr. Dyer, And it is the only eity that hag come up with ofiethitg like this. Mayor ?erre: We spent a lot of time and had a lot of talent ihVesiVed in that and wa had public hearings. We didn't go out and just do this, We put it to the people. We went Around and asked the people of Miami to tell its what they thcught and that document is a reflection of what not only professionals think but what the pecp11 of this community think, •And now we want to know whether this is acceptable, yes or to.. Now, t've read your dOcuMent and 1 understand yeur ,:osition and all of that but in affect what you're telling us is its too ce:17 to make those decieiont,- noW let us go ahead and proceed with getting $65,000,000 so that we can just start into the design phase and then what is going to happen is you're going to get your $65,000,000, you're going to start on your design phase and then all of a sudden we're going to be faced with the fact, that no, you want to go through the commercial part of Flagler, that you don't want to tou,7h on Srickell Avetue and the DuPont Plata Area, that you don't want to follow the alignment that We recommended in other areas and that you think it ougnt to go o'er Douglas Road. And all of sudden we're going to find ourselves that we're going to be the bad guys. You see/ Mianti is the bad guy again ard I dot want to be put in the position of being the bed guy. I want to be in the nos.ition of saying, "Look, this is our rapid transit system too and we want'... ind we're going to be paying taxes for it. Tice people of Miami are going to brt carrying 20 to 25% of the burden of a subsidy that that thing is going to cost and 1 want to make sure, and I'm sure I speak for everybody on tlir ,-ommission, that it serves the best purposes of the City of Miami and the ;I"Ortr MfctMi. Mr. Plummez: .Mr. Mayor, let me aek if it is maybe something possible here because I can understand Dr. Dyer's position and that is that it really is just too early at this stage of the game to make the decisions. John, is it possible that this commission could have assurances that in fact before the final decis- ions are made that the City of Miami whether it be this commission, its people or a combination thereof will have an input into the final decision making? Dr. Dycr: AbLoluSely. Mr. Plume: 4ell, I think this is really what we're looking for. If this paper vhloh wo Lave surrendered is premature then I would assume it is premature for ev(:ryope including your department until those decisions come down to the final. 'idre. Let me say this, Mr. Mayor, and then I'll be quiet. I would assume that this commission really is looking for a letter from you jointly from the Mayor of ,tropolitan Dade County that before the final decisions are made that you do 4alc. and you would appreciate the input of both this commission and its into the final design. Now I read your memo with a great deal of care I can understand your point because things change daily, weekly. / think that I personally, I can't speak for the rest:of the commission, but I personally would feel very comfortable if we had such a letter from you and/or the Mayor or hot ll stating that when this thing draws down to the final conclusion that the City of mLamd input be listened to and will be discussed thoroughly and I think weeLd feel very comfortable, John, let me put it to you this way. I look at this document and here is first line in number one: The county has no strong feelings on this issue. Mere is the first positionon the second point: The county has no strong feelings on this issue. Now you know that leaves me cold because what I want you to say The Cit.:, of Miami has taken a strong position on this which we disagree with ue! cnn,ur with in principle. Now this thing of the county has no strong issue on thls and this is primarily a matter between the City of Miami and coral Gables is to say, "Ok, you go divide yourself and fight about this thing and whoever i5 the victor then that' a who we're..." Now come on. Dr. Dyer: That's not the intent, Mayor. We're painfully aware of the difficulty when the widening of Douglas Road occured and the clip caMe Off the east side on Douglae all the way up. 1 7 JUL 33. 1975 Mayor Perrot Well teke a stand theft. Rev. Cibsont Not only that, Mr. Mayor, I'm not going to be quiet now. I lust think thee the butk *tom here and W6 Ube live in the City of Miami and have the interest of the potpie of the City of t&tatni at heart and that's involving that etate. We need some yes, he mowerstook, t eee some things happening to this city that really make the want to regurgitate. I want to slay, (looter, t love you, t understand your position but t don't love you that well nor am t willing to interpret your position ao tomfortably as you would wait me to do. t want goat definite mowers about Douglas 1koad. t'm het Wang to be like the ether eommissioeers. Gib§ on wants some answers and here is what we dineover like with Florida power and tight Company Nlah, takes three to tango. YOU know if you've got all the steps and t don't have none you know that ain"t the way the game it. You see, what is happening it we're Oh the short end every time. t doe't think We ought to be put in that pesition, One the day the people ate goitg to aek t, NIO'it interest are you protectingl'd hate for them to aek us. Mayo- Ferret John, let me just outline very quickly and if you will follow this you will see our concern. t'm just labq to pick out one sentence from everyone of thee statements and t'm going to then show you why we're concerned. All right, this is ltee #1 "The county has no strong feelings on this ieeee." #2, "The County has no strong feelings on this issue." #3, "The primary problem is funding," 04, "The design option remaihs open." Item #5, "bate now on hand is insufficient to firmly eetermine." Item #6, "Further study of this issue will be performed." Item #7, "The issues will be restudied." Item #8, "Required to determine the advis- ability of the plan.' Item #9, "Further analysis of this issue will be given." Item #1e, "Further design attention will also be placed on the potential for devel- opment of such ancillary areas as linear oarks.* See, in other words I don't see in anywhere here any fire committment to the position that we, the professional staff ehat have a final decision on this thing through the County Commission feel that there is a strong argument for it and we advocate it or we're against it. You see, "Further study will be needed. We have no strong feelings on this. Further study will be needed. We don't have any moneys to do this. Further study will be teaded." In other words, where are we7 Dr. Dyer: Perhaps I'd better explain where we are, that's just it. We're just finishing a preliminary engineering program that is not even intended to look at the specific alignments and to freeze those alignments and station locations. That's one of the major things that happens in the next stage. There is no way that I can say in affect that that alignment is frozen or those stages there. So I can't give you a definitive yes or a definitive no on those questions. Mayor Ferret Yes, but you've taken definitive positions on other items you see but yore haven't taken... Well, you have a plan. That took some decisions. Ok. And yet wre giving you an alternate and you say ... So see, what I'm saying is I don't feel comfortable. Maybe, John, what it is that I'm just an old horse trader at heart and I just like to see a little something coming our way. Dr. Dyer: Well, let me try to indicate from 10 on -on these things 1 think we support -our position, your policy positions all the way. We quite agree with the aeti-ial emphasis upgrading. We say it has to happen, it has to be continued. c.n)nk wo quite agree with #12 on the timing to minimize disruptions. WE concur with it wholeheartedly. On the minimization of central facilities, city parking facilities we quite agree with that. We quite agree with everything from there on where there are policy positions. Where you're asking for a definitive specific on one alignment we're not to the program. We're not far enough along where we can give you that. We're saying sure, you'll be involved in it. Mayer Ferret John, Father Gibson said something yesterday which I'll never forget and I'm going to use it; you're going to be hearing this at every commission meeting from now on beceuse I really liked that one. He said that his bishop told him when he said you can take a horse to the well but you can't make him drink. Ok? And then he saye hin Bishop told him he said, "If you give him a little salt he'll drink watee," Nee wret I'zn telling you is that we're in a position now to give you a litLle erlt and what I'm telling you is six months from now we may not be any where around to give you any salt. You see? So all I'm telling you is while we're in a salt giving posture we want to give you a little salt because I'm going to go along and I'm going to go along to this extent. The City of Miami once again is going to be cooperative but I give you my solemn Pledge ulet speaking for MaUriee Fevre alone and everybody else can speak for himself but X think this City Commis- sion would support this position that unless we see acme very definitive areas that are the positions taken by the people of Miami through their elected officials; that 1 am going to personally go out and camPaign for a referendum on this thing and — is JUL 31 1975 let the people of Miami decide. Now, this► is not a threat - it is a watrtltity. 1'ri just saying that somewhere a3Ong the tine, you know I have no objetytious to listening to Kaiser &minors and to listening to all with all date respects) to the bureaucrats and the people who are thinking what is beet. fut somewhere along the line I think there has to be people input into thie whole thing and 1 meat we, the people. Mr. Pluttmert Mr. Mayor, let me just make a oo nent. Jahn, 1 believe if 1 can x believe 1 eat really hit the... 1 hbpe 1 can get right down to the nitty gritty. 1 think this commission is upset because there was input put into this by the City of Coral Gables. Ok? And that's how the Douglas Road originally started; whether it was ari alternative or what it was, as 1 recall at one time here was a routing down Ponce de Leon and they said the only way they would ,go for that was if it went underground and you said from a financial standpoint there was no way it could go underground. The next thing the City of Coral Gables input was that it be on Douglas Road. They further stated put it en 4iami's aide. And obviously this was listened to because it did come off of Ponce. It did go on Douglas and 1 think really what this cot tsisit rt is saying to you ane to your department is.Miami is the largest. Mimi is most vitally concerned. 1 think better than half of your system exists in the City of Miami. We shouldn't be the last ones listened to. In fact, it le our feelings We ahbuj.d be the first to be listened to and t think where you got into problems is, if l can say it, you listened to the City of Coral Gables -not that you took an aetion hut you listened to them first instead of listening to us first or listening to them jointly --and I think this is where the problem etninated froth. bet contrary to the Mayor's feelings, I can see the problems and until you get the final designs these decisions aren't going to be made. Dr. Dyer: I accept that as an error on our part. We will certainly work with the City of Miami... INAUDIBLE Rev. Gibson: You know we never have no advocates there. You know? Man, I ain't abee'..: to buy that this morning. I woke up on the wrong side of the bed. You er;oe wear really worries me also; on Flagler Street, you know what is going to happen to the heart of the city when you deal with that? All those businesses on Flagler -let me point out something to this commission. You know I'm a little bit disturbed that all that business area, and I want to say something that I shouldn't say because you know you dogs never forgive me; but you know when I see you comae through Flagler like you're coming I'm reminded about railroad shop addit- ion; I'm reminded about the expressway - Oh Gibson, you're a bad boy. You know what I'm talking about? And we're saying that we need people in the City of Miami to ray taxes. I don't know if the Mayor is aware of what this West Flagler business mean,. Right! Doctor, you can see I went to bed early last night. Mayor Ferre. Well, this is really a discussion, I don't think there is any formal action for us to take at this point. Dr. Dyer: mayor, if I might I'd like to assure you that we'd like to work very closely with you in the next stage if we ever get there. If we don't we obviously won't e, ce:eee anything on it. The significance is..there was no intent to my know- 1' ? tc do anything that would harm the interest of the City of Miami. In fact, ee plan es we see it would greatly support the urban development and redevelop- ment objectives of the City of Miami:.and I think we support that very strongly. 2layo:: Ferre: And I believe that, John. Dr. Dyer: We really think we're a lot closer together than perhaps you think we are at this point. tayee Ferre; We're just a little nervous because you know we've been awful close before but we've never quite made it. And once you've been a bride groom and been stood up at the alter a couple of times you get a little gun shy when you're up tha th:1.r3 time, Dr, Dyer; I'll take your comments and suggestions on meeting the City of Coral Gables and the others and we'll proceed if it is appropriate to go ahead and get these first three worked out very quickly. Mayor Perm; You see, I think Plummer really said the most significant thing today because really what he said was that you say you have no strong position but 'that's not so because you've already taken a position. Look John, the first preliminary drawing and the first design was going, as you well remember, through Ponce de i~een ,, ') JUL 311975 and going right through Coral Gables and then you modified it. riot only did you modify it but you put it over on the City of Miami's side of bouglas Road. Mow don't come telling me that somebody didn't have some input into that. All I'm saying is look, we accept your good faith. And I do, I honestly and firmly believe that you are a man of integrity and good faith. But you know we were talking yesterday about discrimination in the City of Miami. Let ma tell you what my conclusion of it was. I don't think that you find too many people going out and conscientiously maliciously discriminating. It is built ih institutional discrimination and that is more fearful. T'itat is to Theis worse bedause there is ho way you can grab it, There is rc way there is a handle on that one and it just happens. It is insidious and it happens at the end it's the results where you eee it. You can't prove it along the road. You can only prove it When you see the results of it. You know, that we go out and hire 900 people and all of the whites end up going into the Civil Service and the minor- ities 'go over to Mari Power. You know'? NOW I know there are 20 reasons why that happens - but there it is. And that ie what the problem is and what I'm concerned is not your good will and not your good intentions but the institutional nature of the beast that ends up where we end up getting the short end of the stick. Dr. Wet: What you're telling us is we'd better take Affirmative Action to deal with the city's interests. Rev. Gibson: Right! And Mr. Mayor, the difference ie..the institutional business has the blessing. You know there isn't nothing like that blessing that you get. It's a of conscience. You know let's you lie down easy, walk about... Conveniently, that's what we're saying and we .... Mayor Ferre: We're nervous, John. Mr. Andrew P. crouch: Mr. Mayor, before Dr. Dyer leaves because we've been work- ing with Dr. Dyer I secs Lhings that are positive that maybe haven't really been brought out today and I would like to just bring them up. On the first item, and the first three items are the ones that are the most crucial and pressing as far as we are concerned and the way we've been working on them, the first thing on Le 1cune Road Dr. Dyer is telling you that there will be a meeting and representa- tives of the City Commission and the Coral Gables Commission and the staffs of all three agencies involved to go over this thing and to start the matter in Sept- ember. He says the fall and that sounds like a long way off but in September we would be meeting on that and we would be looking for the City Commission to appoint such a representative. He's telling you on Item 2 on Flagler that he agrees and he will do what the City Commission wants and that would be their recommendation. On 3 he is saying that we are presently on staff level meeting on the mini -system and we would be coming back to the City and County Commission with recommendations for joint action on this probably in September. Now those are positive things that I think that maybe we've missed today in the way this thing has gone. Mayor Ferree No, you know what happens, Andy, is the nature of the beast is such, and that's unfortunate that we in society end up looking at the negative of things. But ycu know yesterday, and with all due respects to the Miami Herald they put out all the bad things that happened and there were some real good things that happened. They didn't talk about that. None of the good comes out but of course, Michael Carter ce, and that's the big headline and that's cool and that's the thing the that the article really is based on. But all the good things - where were they? Ana I think we get ourselves into a frame of mind of looking at negative thing: rather than positive things. But John, we're well aware that there i* good faith and there has been a lot of positive work done and that I think there is going to be a lot more and we thank you for your interest and for the courtesy of coming down and talking to us. Dr. Dyer: Thank you, Mr. Mayor. 20 JUL 81197 U L!C,;.. EA11Nd SLID WASTE TRANSFER StAttON,N WI 20 St & 1 Avg, Mr. Andrews: Mr, Mayor and members of the commission, till attempt to give you a real quirk digest of what has taken plate and then ask MA, Acton to add to Chat, to 10 1 the oity employed the firth of tree :leer Mesta to assist the city in determining how beet to provide the disposal and how beet tt provide our sanitary solid waste diepoeal eyetein for the City, That included final disposal of the material and at that time ,we were thinking in terms of ',itineration, But that study bore out that there was alternate methbde that were superior to Lnoin� eratiott and that was to find eon'e way of eolleeting all of the garbage and trash et ore location in the city in the form of a transferr station or a grinding stat- ion then take that Material out to the outskirts of the City on a controlled Wilds , provide a landfill meant§ of disposal. Vhile this process was going on and we recieved a report and were reaching oonvietione that this should be aeeell. plished that way Metropolitan Dade County through the Decade of Progress fond issue and recognizing that solid waste disposal should be the responsibility of Dade county they undertook studies and had an area wide study made which also proved that collection points should be assembled throughout the county and that there should be one final location for disposal. The cites that were selected, one for Cora]. Gables in that general area and one at the City of Miami and princi- pally at the 20th Street location. The city has worked very closely with the county. The plans have been formulated preliminarily for the location of a trans- fer station at the 20th street properties, at the western edge of that property and Mr. Acton will describe that a little more carefully but I want to point out that when we're finished 1 have a specific recommendation as to where this plant should be located at 20th Street. We've examined many other sites and many other locations as the result of Planning Board involvement in this shatter in reviewing the 20th Street site as a location for a transfer station and we find that in our judgement the 20th Street is really the only logical and economical site to develop for this purpose. Mr. Acton, will you... Mrs. Cordon: Can I ask you a question, Mr. Andrews, just you touched on it very lightly. You said Coral Gables was also setting up a collection station? Mr. ;k.drew ! well no, Metropolitan Dade County had proposed a transfer station that would have taken care of the City of Coral Gables and immediate outlying area adjacent to it and some of the smaller communities surrounding it. This was located in the county at or near the Coral Gables Incinerator site. They run into a very serious problem there... Mayor Ferre: So eventually they'll end up using our site. Mr. Andrews: No, not quite. Mr. Hollums who is here from Dade County can explain that but now the county is considering going further to the west. Coral Gables will either have a longer haul to that new location far more expensive to them or be required to go to the final resting place of all this material up in the north end of the county. Mayor Ferre: Paul., one other question. That's fine for Coral Gables, how about Miami Bach, North Miami and North Miami Beach, where are they going? its :ter.drews: North, and Mr. Hollums can give you information on that. Miami P a n is examining their own disposal facilities. )Mayor Ferre: Then what you're telling me is basically.... Mrs. Gordon: Fxsmining where? Where are they examining? Mr. Andrews Mr. Hullums, would you inform the commission more specifically as to what the thinking is of Miami Beach as far as the transfer station is concerned. Mayor Ferre: Good morning. I'll tell you, what we'd really like to know is, the crux of this I think is going to be is is this station for the people of Miami or is it for thr people of Miami, Miami Beach and Coral Gables? Mr, hollums: The Master Plan for waste disposal county wide calls for a disposal facility or some sort of a waste handling facility located at the approximate site of the City of Miami's present incinerator to serve the City of Miami and the City of Miam9. Beach. Both of the cities are now being served at that site, to continue that location for those two cities, As to the other question you had the Cities of North Miami peach end the surrounding cities in that neighborhood are now being served by the northeast Dade Incinerator and will continue to be served by that incinerator. fi t 21 JUL 311 7 Mrs. Gordont In other words Miami teach and possibly Coral Gables and Miar►is in other words we're going to get all the trash. We get the sewage now but we're goin to get trash Wee Mt. Hollumt Not Coral Gables. 1 didn't go into that. 1 thought Mr. Andrews had covered... Mts. Gordon: Yes, but he also was vague about it. Mr. Nollu ►s: Well, I'll explain it very simply to you. The county has proposed as a part of this countywide master plan to install a similar transfer station, that is similar to the one we're proposing here at the site of the Coral Gables incinerator which has been ehut down and we are negotiating with the city to have the city bake available to the county that site for a transfer station which mould then serve the City of Coral Gables, South Miami. West Miami and unincorporated areas surrounding that. Mr. Plummer: But you make no personal guarantee that it won't happen in the future? That in the future that the City of Miami site will not be Used by anyone else. You can't make that guarantee. Mr. Hollume: That would be assured; 1 think that idea would be assured by look- ing at the plan itself and the capacities of the several components in that plan. The plant that we're proposing for the City of Miami mould have a 1200 ton per day capacity which is only that much that could handle the City of Miami and Miami Beach and the Coral tables plant is a smaller plant for just handling... Mrs. Gordon: Be specific on the location, please, of the Coral Gables plant. Mr. iollums: The location is at S.W. 72nd Avenue south of Coral Way about a quarter mile south of Coral Way. Now we're negotiating with the City of Coral Gables now for the use of that site. If the city for any reason should be un- willing to let us have that site... If the City of Coral Gables for any reason should be unwilling to let their incinerator site be used by the county for a transfer station then the county will simply put that transfer station on county owned proeerty several miles to the west at a place known as the Kendall Home and Hospital, a former home and hospital site out there which is out there at 107th Avenue between Sunset Drive and Kendall Drive. So we have that location available to us to use which would serve the region equally well but would be at a disadvant- age to the City of Coral Gables because their haul distance would be greater. The same thing applies to the City of Miami. The only reason why our master plan calls for a waste disposal component here is to serve the City of Miami and of course Miami Beach who are already being served at the same site. And if this is not pos- sible to be done then the only alternative would be for the cities of Miami and Miami Beach to bring their waste to the county's disposal plant which is 10 miles west of the city. Mr. Plummer: Well, I don't see that as the only alternative. Mr. Hollums: Under the master plan, I'm speaking of. Mr. Plw::me:.; Well, ok, fine because you know let me state my position at the e'en beginning, and I was born and raised in this town. I don't think under any circumstances is the present plan or what is proposed for the future compatable to the surrounding area and I'm not talking about the improvements that have been made by private people. I"recall very vividly when I was many times in Jackson Hospital looking out seeing the beautiful site of the black smoke and all the beauty of a garbage incinerator out of my hospital window. So to me it is not compatable at all. I think another viable alternative would be to investigate other areas. Let me express a concern and then I have a question I want to make sure is covered by whoever is going to rake the presentation. The concern I think that this commission has is the same as you heard with Dr. Dyer. unfortun- ately we were told certain things when we gave up the Water and Sewer Department. We were told about how North Miami was erecting their plant and how they were going to have the thine taken care of there, At the time nobody ever thought of quest- ioning an 18 inch sludge line some 15 or 16 miles, in other words North Miami right- fuliy and selfishly in their own way said, "Fine, we'll put it on site plan but send the sludge to Miami," When we gave the Water and Sewer Department who was one of the first people that was put under amoratorium? The City of Miami, Who were one of the first people that got their water rates raised? The people of the City of Miami, We gave them the library system with one simple stipulation that we thought we should have representation from the City of Miami, not the majority, just repro- sentation. we find now that's not the case, They're trying to eliminate those three people. SP if it could be said it is the lack of faith between the two -r JUL311975 • organisations that you are caught up in here today. Now, the question that t hope will be covered because it is not yet clear to mei that is property that is owned by the people of the City of Miami. That Le a faeility that was built by the people of the City of Miami. If this is to be proposed transfer and Metro,. politer bec&e County is to buy or erect a he+w plant on this or another site who is going to gat compensated for that piece of property, the value of that piece of property and where does the city's financing come ir'r other than the normal 2?% of the gap that we pay for bade County anyhbWO So l hope that question will be thoroughly explored because 20 acres has got to be worth a considerable piece of change so I hope it is involved in the conversation. Mayor Ferrel before you get into that, Flip, ... Mr. Plutmner: twat i'tn really saying, air, the City of Miami is a little bit tired of giving something and say, ""hank you, we owe you." APPLAUSE Mayor Perre At this point I would like to get Mr. Colin. Morrissey to step for- ward if he would, please. I'd like for Mr. Morrissey to explain the headline ie the Miami herald several weeks ago that you were going to sue the City of Miami, or you the county was going to sate .. the Miami News, I stand corrected - A headline in the Miami Newe that stated that you were going to sue the city of Miami. I'd like for you to go over the background because you know we were kind of surprised about all of that because we thought we were kind of working along with Metro and we had all of thin discussion or did that have something to do with this trove that we're about to make or not make now? Mr. Colln. Morrissey: I think it had a lot to do with that, Mayor. Mayor Ferre: In other words you're playing like the federal government does now. Mr. Morrissey: No, sir. Let me try to explain that a little better. Mr. Plummer said it himself. That incinerator has been an eyesore, it has been a black eye to the entire Dade County and particularly the City of Miami. We've had lots of problems with incinerators. The Coconut Grove, somewhat unaffectionately known as "Old Smokey" was closed down 1y the City of Coral Gables. In turn Dade County closed down the City of Coral Gables incinerator. Two years ago we were in the process of doing the same thing with the 20th Street Incinerator. We had gone to the Circuit Court, we had filed criminal charges - the proceedings were there. It was a very plain fact that the incinerator was a violation of every pollution control ordinance, state, county, federal and besides that and more importantly I think that anything it was a nuisance to those people that live in the area, City of Miami residents. So we had proceeded all the way through to file injunct- ive proceedings to close that incinerator. down. We started that proceeding two years ago because we entered into a compliance schedule, an agreement that Dade County would have the responsibility of disposing of solid waste all around the county and to accomodate the cities there would be transfer stations located within central points within the city so the city didn't have to travel too far to get to the county facility. We agreed that we would locate a transfer station in the City of Miami for no benefit to the county. The county has no need to put a t.anefer station there. First of all from my standpoint we wanted to phase oa: Lyat incinerator as soon as possible. So we agreed that we would erect that transfer facility, build it and operate it ourselves and in turn the City of Miami would as soon as possible phase out the incinerator. That was primarily a negot- iated settlement and in turn for that compliance schedule we dropped any litigat- ion at that point in time. Now for two years there have been relative peace and a lack of headlines describing the smoke coming out of the incinerator and it is not at this point that we're coming in with a heavy hand to cause any threats. What has been happening for two years is that when the news media call me and ask me why that incinerator is smoking, and usually I'm the individual who bears the brunt of that, I've explained that the City of Miami has been doing everything that tey can do - we've entered into a compliance schedule. In effect I've taken the heat off of the City of Miami for two years and you've seen no negative headlines because there was an agreement, there was a compliance schedule and everything was proceeding along a plan that was thought to be reasonable by all parties con- cerned. Now all of a sudden you're seeing the headlines, Now we didn't generate the headlines but when I get a call and they say , "Why is all this black smoke..,?" which has been particularly bad because of the wet weather and because the incinerator is very Sorely in need of maintenance I've been forced to say there is no longer any compliance schedule. I don't know when that incinerator will close down because the agreement or the compliance schedule has now been put in serious jeopardy or doubt, So we don't know when it is going to close down, The state has contacted me and they've said, "What happened to the agree i to compliance Schedule which the 23 JUL3175 city entered into?" I have no idea, If the trash transfer station is not built the incinerator will not be phased out arid there Is no compliance schedule and none of the legal entities responsible for enforcing the pollution regulations have no recourse. It's not a metter of assault, if you will. It Is a matter or that there is a law that is being violated and heed of us have the right to sit beak and ignore that, Mayor Perret Then in other words it's a 2 by 4 Mr. Morrissey: Well, it is - it hae that effect, t mutt admit. tut it ign't meant to be used as a 2 by 4, It is a fact that the 2 X 4 was taken away because of a compliance schedule, The compliance schedule is now being pit in doubt So there is he recourse other than that. Mayor Verret Colin, the vestion that cotes to nind immediately here is: Ok, you do your job and you take ts to court. You won't have to do that, We'll just ahtt it down and now What are we going to do with all of the garbage/ Mk. Morriesey: That it; exactly the re -aeon, Mr. mayor, that we were willing to Sit for almost two years now and allow the incinerator because we realize it is difficult for the City of Miami, ae it has been for Coral Gables. Coral Gables had their incinerator shut down and they've had to run all the way to S8th Street, a much longer haul, tremendous wear and tear on their vehicles and it is very dif- ficult, Mayor Ferre: Let me reverse the thing. Ok? Because it is always why did the City of Miami. Why didn't Metropolitan Dade county get going with their solid waste plan two years ago when it was advertised and when they were ready to go? Well, because they weren't satisfied that the technology... But you know if you, and I know you have several hats but I'm talking about you Metro not you personally, Colin. Morrissey. If you Metro had proceeded the way you promised you would with this plan and the way the people of Dade County voted and you had proceeded to put up your plant then that would be the solution because the problem now is that there are no alternates. Mr. Morrissey: er. Mayor, maybe I had better just very briefly explain what the plan was and what has taken two years. It all stems from the Decade of Progress Bond Issue which gave us the money to get into this type of area wide or county wide planning. But the plan primarily calls for a resource recovery facility to be located out 58th Street instead of a dump that is sitting there now. Now when that is there it is not really relevant to this particular problem because the transfer station is what is going to solve the City of Miami'scollection problem. You're going to bring it to a transfer station. The precise timing of the facility has been somewhat delayed but Mr. Mayor, you wear two hats too and I'm sure that private business can sometimes move much faster than government. We're required to go out for competitive bids. It is a brand new area of technol- ogy and it's very difficult to evaluate without something in existence in a com- munity. We are finally at this point down to two particular individuals who will construct a facility for us. We're in final negotiations. We hope that two years after we select the contractor we will be operating a resource recovery facility. Mayor Ft-rz,:1 Because this doesn't function without that. Mr. Morrissey: Yes, it does. See, that's the point - it's independent. The transfer station will allow you to phase out your incinerator as soon as it is completed. Mayor Ferre: Oh. And what are you going to do with the trash? Mr. Morrissey; Out to the 58th Street facility. Mayor Ferre: And dump it? You're going to compress it and dump it. Mr, Morrissey: That's correct. Now see, that was the agreement. We went ahead and we've a]ready at county expense hired Greenleaf Telesca to go into design for that transfer station. Somewhat at my urging but not entirely my urging we've set this to be independent of our resource recovery facility because we want the incinerator phased out as soon as possible. So we've said we'll get the transfer station beilt jest as quickly as we can get it designed and constructe4. So we're half way into design, perhaps more than halfway into design and now at this point any change of location would have a serious delay on designing that facility, Mayor Ferre; You're going to have to forgive me but I'Ve heard that one before someplace. Haven't you heard that one before? You can't stop us nQW With a 24 JUL 31 1975 six Loh line because it will have serious affects on the whole.. Mr. Andrews: Well, the reason that we feel that loth Street is the ideal 'beats, Leh is from our knowledge of how difficult it is to find other sites Alen it economically they could be satisfied. You take this plant and moVe it anywhere within the boundaries of the City of Miami and 1 guarantee you you'll hate serious ecmtrnu City objections rye matter where you locate it. Mr it ere You know Paul, I agree. You know everybody loves progress as long AO it doesn't affect "tie''. put you know Maybe I'm completely out of character but t know of a great place. You know it just burned down night before last. Mow you know that's not to be funny but what is wrong, for example, which is right adjacent to the City of Miami line, with that area by be 7eune Road that is in the county and it is accessible by expressway and what I'm really saying is that ie all industrial, no residences anywhere near around that area. why wouldn't that particular site be a lot betters There is no One to object, maybe the owners of businesses who might object but you know I'M listening here to a point, how beautiful this building is going to be, how well it is going to be hidden by fences and by landscaping but why not put it in a totally industrial area'? That's where it belongs. Mr. Andrews: There are several reasons. In fact, three major reasons why that is objectionable: (1) if you could legally obtain the land that would be one aspect that could be eliminated as part of the problem. Mr. Plumn+er: The county has the right of eminent domain. Mr. Andrews: They would have to condemn additional land in that area. You couldn't use the peripheral land around the airport because that was condemned for a specific purpose. The second aspect is that that would create a greater expense to the City of Miami 1:o operate from that location. The third is that you would have trucks coatingin and out through new routing into an area, a stream of trucks and everytime we change routing of our ash trucks even from the 20th Street incinerator to Virginia Key, whenever we've changed that we've had serious problems in the fact that the trucks are now going through different areas of the city. Now visualize what would happen. You'e have these trucks being parked, serviced and taken care of at 20th Street where we're now located. They would leave in the morning, go out on the routes. Now they all congregate in a new area of the city to dispose of their materials, go back out on a route for the second time and come back to that area, dispose of their materials out west if you were using that site, leave that area, come back to the service area to be parked and serviced and so forth. All of that constitutes two things: A greater expense and a greater inconvenience to the people of the city. We're all at one location now when we use 20th Street. Mr. Plummer: Fine. But you know l would like to see a little bit more expansion of the thoughts of the city administration. There is nothing to prohibit the city acquiring property alongside of this plant for the same type of thing. There is nothing to prohibit that. In other words the city could build their maintenance shop and their truck storage area somewhere near in this industrial area. There is nothing to stop that. Paul, it just doesn't belong in that area. That's what I'm trying to say. It is not compatable to the area and to me an area; please, I'm not saying that that is the ideal place for it but I'm saying in philosophy itin nothing but industrial and this kind of an operation belongs in that kind of an area - my opinion. Mr. Andrews: Please, Mayor, I have to respond to this. You realize that this is in an industrial area. Mayor Ferre: You see, now you're getting deeper into the argument and that is, what I want to avoid you from doing. I want to ask some questions if I may. Now I came over here to look at these drawings a little bit closer. Now the selection of this; this is 14th, this is 20th... _INAUDIBLE. The trouble is that it's in front, Rose, don't you see. Mrs. Gordon: I don't mind if you show the map to the people but I just wanted to hear what you were saying. Mayor Ferre: I'm Saying it is here but it is in front of all this and all of this here and this is where the problem is. Now the grey, see I couldn't see it from up there, that's why I came down here, The grey is warehouse, industrial,.. wholeasie, 4k? Now look at the gray. Now look at the red. The red is retail office and the yellow is residential. Now, the more you go in this direction the more you're going to get residential and office people and banks and what have you, The more you go in this direction then the less you have, Right here ie solid gray, Now 25 J 1L 31197 this id just a queatibn that I'm asking, instead of putting it here why don't yoil put r,t here Andrews: May we show you what we want to recommend finally after the presents. tion but we're skipping over... Mayor terse; Well, let the show those of you that are here.. I'm saying that instead of putting it here which affects all of this why don't you put it over here where you don't. What you affect is already an industrial warehouse. This is art industrial area anyway because you've got these tanks and that have you here. This is the garage. So I'm saying instead of putting it here put it over here. Mr. Morrissey: Mr. Mayor, if I could I'd juet like to make one pint and then leave. I really believe this is a City of Miami presentation but t'd like to Make it very clear so that it doesn't cloud anybody's decision that this isn't something that Dade County is imposing upon the City of Miami. I understand somebody expressed hostility here. But this is to accomodate the City of Miami. bade County has no real interest in the location of this particular facility. bade County's role is to build a resource recovery facility out at Stith Street. Now z have an interest in wearing my pollution control hat that any major change, I think your own Planning Department will tell you that to go out and acquire new property and rezone it - anything like that - will cause a tremendous delay. And at that point l'm going to be forced to put my Pollution Control Hat on,' take my Solid Waste Hat off and begin some litigation on the incinerator. Hut bade County as a whole has absolutely no concern over where that is located. Now Mr. Plummer, we explored several alternatives, your own city has. And almost' everywhere you go there is a problem. Now in the Le Jeune area there are federal regulations concerning solid waste facilities close to airports. There are Pollut- ion Control and state regulations that will not let you locate those facilities closer than several miles near an airport. All of these may be gotten around but perhaps all of this is going to take a very substantial amount of time before we're through this process. A11 of these things have been considered. Your Plan- ning Department has done a very effective job of considering alternatives. Mr. Plummer: You're not playing on words khr;z ,jou say that there are federal regulations in reference to close to an airport for a transfer station are you? You're saying for an incinerator facility. Are you playing on words? Mr. Morrissey: No, sir, I'm not. One point... Mr. Plummer: Well, I just want to make sure I understand. I understood you to say that there are federal regulations in reference to an incinerator operation but we're not proposing or you're not proposing, you're proposing a transfer station which has no stacks. Mr. Morrissey: The one thing that we considered even in Le Jeune Gardens, there are height restrictions when you get to the airport. Mr. Plummer: It's abcut 75 feet. Mr. Mor_is.t : In Le Jeune Gardens the height restriction was I believe 20 feet and we couldn't put it anything over 20 feet. The property was purchased with federal moneys with stipulations in there that it can't be used for this. Your Planning Department really should be telling you this because they did go through a very extensive search of alternative sites. I just want to make sure... Mr. Plummer: Let me get a definite answer. Are there federal regulations pertain- ing to a transfer station around an airport? Mr. Morrissey: There are federal regulations pertaining to height restrictions. There is a sta::.e regulation; now the rationale behind it I'm not sure. When people write regulations they don't always take into account everything. If I recall the statement it. is in Chapter 17.7 of the State Code it says, "No solid waste faci1i.1-.'.t r within 2 miles of an airport." Mr. Plumper; But there is nothing relating to a transfer station? Mr. Morrissey: Well, that is a solid waste facility. Now it is a ver:' broad wording. I fully suspect that if you walked up there and you explained to them that this thing would be very unobtrusive to the airport that they would inter- pret that not to mean a transfer station. But in the Le ,7eune Gardens site which was preposed by people there is a federal regulation, It's a heighth regulation. It says you can't exceed 20 feet and the stipulated agreements in 20 JUL 3: 1975 the property were that you wouldn't eenatruet anything because what they're looking for is an unobstructed approach to the airport. So that is a federal requireMent, Mr. Plummer: So there will be no misunderstanding, I never proposed the he Jenne Gardena where there are resident§ and ' commercial businetss. Okl Let's not snake any misunderstandings that Plummer it trying to put it in Le Jaen§ Gardena. The one proposal that t thought of right off the bat was the heavy industrial area. I'm speaking north of 20th Street and west of Le Jeune Read, that particular area in there. So there is no misunderstanding. Mayor Verret Now Colln, I know that you're not here threatening ee, Mr. Morrissey: Not at all, Mr. Mayor. Mayor f'erre: No I know that and I want you to know that we've gotten some letters from the justice department on some completely unrelated matter which is Oh this question of bias and discrimination and the than from justice made it very clear that they're not threatening us. But they think it is very important that we come to an agreement which they hope that we would agree to. It's called a consent decree. Now he just happened to Mention to me that it is only a matter of routine. It is not in any way a threat but it just happens that the Attorney General of the United ;states, Mr. Edward Levy did sign a class action suit which is sitting on top of Mr. Ballinger's desk. Now he's not threatening us with it but it is just a way that things happen with the federal government. I recognize that you're not threatening us but I might say that everyday Metropolitan Dade County looks more and more to me like the federal government and I think we'll try to do what is right and we'll try... We've got to take into consideration the will of the people who are involved. Mr. Morrissey: I agree, Mr. Mayor, but just so that we understand there is a law that has been written and in existence for a long time and it isn't a threat but just as, you know, it's a fact that there is a law and even if I wanted to; if I said Mr. Mayor, I really would not like to prosecute the City of Miami they'd fire me because they pay me to enforce that law. Mayor Ferret That's right, and you've got to do your job and I'm not questioning that. And what's why I keep saying that our problems are institutional in nature. and not individual. You see, the problem is that you have got to do your job and of course your job affects us. Mr. Morrissey; I think we all have an obligation, Mr. Mayor. That incinerator is a black eye to the entire city and has been for some time and I think we have an obligation, all of us, the county and the city. And those are City of Miami residents that are suffering from the incinerator; to move very expeditiously to remove that. Mayor Ferret Ok. Colln, we're going to try. Mr. Plummer: For the record, Mr. Andrews, let me just interject it because I just wen'- and looked it up. The height regulation at that particular location which I'm not trying to designate but so there will be no misunderstanding the height regulation is 159 feet. INAUDIBLE Mr. Morrissey: May I please clarify very briefly the point about the problem of using the Le Jeune Garden site presently owned by the county. It has nothing to do with height. The problem is that property was acquired with airport funds and the Federal Aviation Administration requires that lands acquired with federal funds, with airport funds may be used for no purpose other than airport related purposes. This is not related to the airport and that's the reason that property could not be use:.:. Mr. Plummer; Excuse me, sir. Somewhere there is a misunderstanding, You're speaking of Le Jeune Gardens which is south of 1Sth Street. 1 am speaking of the industrial area; east of Le Jenne and north of 20th which is not owned by anyone other than the private businesses of warehouses and things of that nature. Mr. Morrissey; Exactly right, S am speaking about the other location for the reason that not because you brought it up now because what you've broaght out now is the first time I've heard it suggested but it was because previously on the PAD hearings this item was brought up and I thought, perhaps you were discuss- ing that. Mr. Plummer; No, sir, I'm not talking about the Le Jenne Gardens, Pave, do you know, is there a name to that subdivision, the area that I designated on the map? 27 JUL 311975 please, Mr. Mayor, I don't want anybody... I am not pushing this area. 1 am Merely philosophy Baying that this ie ah area that 1 feel that it is compete. able in. So let's not get any misunderstanding. Mr. Mamie; Mr. Mayor and members of the eeetietien, we are prepared to make a ooMplete presentation on all our findings ih reference tei this. I Can tell yr u that we can go ahead with that if you with i tan give you the final teem, metidatio that we've dime to both with the county and ua. tf you hear that recOmmehdation and you're satisfied you can act on it. ff you're not we can back track and have the presentation. but it might save bofte ti►e. Mayor ?erre: Why don't you cote to the conclusion and then we'll decide whether we want the presentation. Mr. Andrewe: After going back and reviewing this and dwelling tin the Consider= ations that were advanced at the Planning Board hearings. We went back and re- examined an alternate that had been proposed earlier as ene of four different proposals on the 20th Street site. We're prepared to recommend that even though it ie greater expense and a year of inconvenient operation to the 20th Street incinerator to locate this station further to the east adjacent to the 20th Street incinerator. That is shown on the map to your right leaving that area to the east free for its current usage. Mr. Plummer: Let me understand that, now Paul. The one on the left is what was proposed and the two gray areas, one is the storage area now present and the other is the on site. Correct? Mr. Andrews: Yes. Let me explain the map. The 20th Street Incinerator is located using the map to the left first; the 20th Street Incinerator is that building right there with its :amps show them where 10th Avenue and 14th Avenue are, please. Fourteenth Avenu, 20th Street and 12th Avenue. The 20th Street Incinerator is located there with its ramps shown in light lines. That is a small storage admin- istrative building in the middle of the site and then the large blank area in the middle is the area in which we park our vehicles and service our vehicles. The area where the transfer station would have been located in that scheme is on the Auto Pond site and the bank is across and erther to the east. That was the scheme that from the sta:-dpoiat of the city and the county was only from the Standpoint of operation and other considerations was the best plan. After the Planning Board hearings we reevaluated another scheme that was reviewed which moves the facility adjacent to the 20th Street incinerator further to the east. You see it is on the same sight as the 20th Street Incinerator. This will cost approximately $50,000 more to construct in that location and we'll have about a year of disruptive area there where we're operating our 20th Street incinerator but we can live with that if the commission chooses that site. Mr. Plummer In other words that's your proposal that he's holding up now. Mr. Andrews: Yee. Mr. Plummer: An the proposal on the other one is the county's proposal? Mr. Andraw : Ho, it was the city's proposal when we went as far as the Planning Boer3 hearings. Mr. Plummer: George, tell me; I understand what he is proposing but on the one on the left if I'm looking at this atlas correctly directly across the street excluding the bank is all developed in apartment houses.- right next door. Mayor Ferre: That's right. But he's not proposing that one so we've got to look at this with an open mind. Paul, why didn't you consider the property across the street from l2th which is also vacant except for those tanks? Mr. Andrews: It isn't vacant. We have an important shops building and function that is being carried en there. Mayor Ferre; Might get some new shops, the county might pay for some of those shops. Mr. Plumper; Yes, when the snow plows get off of Flagler Street, Mayor Ferre; Rey, let me tell you something about the snow plows on Flugler Streets You remember we got 51 million dollars out of those snow plows when we negotiated for that land on Virginia Key. 2 JUL 1975 Mr. plummert That's what you call stoking the coal$ itf hell. There is a differette. Mayor Perm: Well alright, let's stoke the teal in hell again because we might end up: what I*tn saying is that we go even further east. It Might be much loss objectionable, we might solve the problem for everybody where it wouldn't be any objection on anybody's part here and maybe the county 'might go along with build- ing for us a stew Maintenance facility. They don't coat that mueh, do they/ Mr. Andrews: You can see the approaches that are needed to enter the building and to place it over shop but gets into an entire strip along 20th gtr +sated and a relocation of a major group of facial ates. Mr. Plummer: Yes, but I see what the Mayor is sa at the east end 1 remember saying a sign on one o 192d." Mayor Ferree Let me explain in reality what I'm that are here which have a right to complain beca affected are affected in this area here. ...(:tat reality of this situation, there is no doubt abou we can't hide from it. We've got to face it and I'm saying is ok this is a narrow strip. I recog bad for a ramp to come in here and you put your . architect but as see this this is an L shaped p in this direction. Mr. Plummer You presently have a road coming in Mr. Andrews: Mr. Mayor, you'd better. haif Mr. Bo how that's not just a parking ramp that you see a old drawing. aded, the rinpa that are there not only interrupts that that becomes quite oompli= s that the oity owns and oper- g also, Paul, that over there those buildings "erected in king about. These people they are citizens that are le) We have to face the t We've got a problem and ve got to solve it, Now all e that. But that's not so I'm only a half baked erty which could be L shaped st south of those tanks. s or the engineers explain side of the building in the Mayor Ferre: No, it is for the trucks to cone up and dump. Mr. Andrews: No, it is for the trucks to get underneath the plant to pull out and take the material away that is compressed. You have two operations there with two different truck systems. Mayor Ferre: Hillis, do you follow what I'm saying? I'm saying use this as your short leg of your L and this as your biggy where you have your building. Ok? Your building would be right here. The only thing that's involved, you don't have to touch any of these maintenance shops, is this building here which could be replaced and put over here and eventually we could build where the incinerator site is or some other place because actually the truth of the matter is this whole area eventually is going to be part of the University of Miami and all hospital areas anyway. You don't think so. I'm going to argue with you on that. Mr. Acton: No, sir. The Planning Department has been involved with the University of Miami and the Jackson Memorial and they have prepared a master plan for expansion that will ti3 e them to the year 2000. It doesn't go beyond the boundaries of their existing facilities. Mayor Ferre: Mr. Acton, have you ever seen a master plan that is not obsolete in 5 years? Mr. Acton; Absolutely. Mayor Ferre: Which one? Mx. Acton; Because of changing conditions... I understand that. What I'm saying... Mayor Ferre: You 5 years master plans are good usually for one year and 10 year master plan;, ..ze usually good for 6 months. Mr. Acton: I understand that, Mr. Mayor. Mr. Plummer: George also remembers very vividly that 11 years ago whet' I went on the zoning board when the county came for an ippliPation to build a ')u,lding in a parking lot around Jackson Hospital it was 41ways with, "We're sta,-ting next month to build a parking garage. and that took almost 10 years, 29 JUL 311975 Mayor Perrot Let me repeat and than I'm going to go back and sit down. All I'm baying, Lllist is that instead of building it here where the Manager is how recotn mending that we build it here, l think that will getaway from all the objectors. The objectors know that we have to do something, we can't just sit and do nothing, l think what we're trying to do is find the least objectionable, The least object` able is the further away you can get from the residential and oomtneroial areas, to this oaee it's going east. Mr Morrissey: The principal disadvantage that I see just reacting off hand to the idea, I certainly welcome alternative ideas, is that the traffic pattern that would be used in the proposed location or in the City Manager's alternative locat- ion would not change frstn the present traffic pattern now serving the disposal funct- ion. If we move it to any of the other locations east of 12th Avenue the traffic pattern would be changed. 20th Street probably would become apparently the princi- pal entrance tb the site rather than 12th Avenue. Mayor Perre: That might be. You might find out that 12th Avenue would be the entrance and maybe 20th might be your exit. If the traffic pattern could be handled with no detriment, no dianinition of effectiveness I think that site would be ok. I can see though that this is really for your people to respond to, some disadvantages to the city in that some Of that property is being used with buildings on it for city purposes now. Mayor Ferre: wellthose buildings needed to be either torn down or improved. They're sore a'id maybe if you'll come up with a little money we might be able to sweeten the pot a little bit. we might use those Moneys to beautify this area which needs beautification badly and we might spend those moneys in putting trees and redoing. This is an eyesore. To me, this is not good. This speaks badly of the City of Miami. I've driven around here, that's a monstrosity. it's ugly, it's old, it's dirty ane 1 think it is long overdue for us to do something. So if you'd give us some of tnose moneys that you got from progress for Dade or Decade of Progress or whatever it's called or wherever you can find the money and maybe we can use those to not only give you this land but to committ to the community that we will beautify both of these lots and rebuild whatever we have to for this building that we lose. That solves the problem of the neighborhood. It solves the problem for the city It solves the problem for Colin. Morrissey. It solves the problem for the county. Mr. Morrissey: That's a decision the city will have to make. So far as the availability of moneys from the bond issue, it is limited by law to be spent for the waste disposal purpose only and so we would have that limitation. If the city wishes to offer the county a different location we would expect that location to be offered to us as vacant land ready to be used for building the facility on. Mayor Ferre: Aren't you willing to negotiate a little bit with us on that? Mr. Morrissey: I'm quite willing to negotiate as far as we can, of course. We have that limitation though, the legal limitation on what we can spend bond money for. Mayor Fr:_re; Yes, I know, Ellis. There are a lot of alternatives you know. You had '_esa1 limitations on that swap with Virginia Key and the first time I talked to Jack Orr about that he said, "Oh absolutely not. The appraisal is only three million dollars. We can't give you more than that." but we ended up with 5.3 million dollars. Mrs. Gordon: Mr. Mayor, in order to speed this along it might be appropriate for us to take a position on this thing as we don't want it where it was planned. I'll move that. Mayor Ferre: Let's see if we understand. We are voting against this location here. Is_ that right, Rose? Mrs. Gordon: That's right. Mayor Ferre: Now that is defined as the preliminary design bounded on 14th Avrnae at 20th. So there is a motion by Mrs. Gordon, seconded by Father Gibson to that affect that this commission goes on record against that location. ao JUL31197 The fallowing Aetiort was introduced by COMMitsit ner Obrdo i who thbVed its adoptiOh MOTION NO, 7S-703 A MOTION OPPOSING ,THE SITE LOCATION POp A SOLIb WASTE TRANSPER STATION AT N:W. 26T T STREET Am 14T 1 AVENUE* AS SHOWN ON PRELIMINARY bSSIGN sNETCH SUENITTED TO 1112 COMMISSION THIS GATE. Upon being seconded by Commissioner Gibson* the Mbtion was passed and adopted by the following VOteis AYES: Commissioner Rise Gordon Commissioner Hanolo 1teboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, dr. Mayor Mat ice A. Ferre NOSS t None, Mr. Plummer: Mr. Mayor, the one thing that hasn't been addressed that 1 want addressed amid I asked before, Rose, and i want to hear it before anybody leaves here - the county is acquiring city land. Are we going to be compensated and to what extent? What has been worked but in the way of cofnpeneation? I want to hear it. Mr. Andrews: The proposal is based on attempting to arrange a lease or to deed the property to the county because of the bond issue to build this station for the City of Miami. Mr, Plummer: But Paul, are we going to pick up the whole gaff for this acquisit- ion of this property? Mr. Andrews: Yes, fromthestandpoint that they would build the plant with bond funds for the City of Miami. Mr. Plummer: Paul, if they didn't use the City of Miami property they would have to buy. Mr. Andrews: No, they don't have to. They don't have to erect the plant here. They told us that. They're doing this for the City of Miami. That's why they moved from Coral Gables and put it further out on county property. Mr. Plummer: Well, let's get that one straight too because I heard that one slipped over before. The one proposed for the City of Coral Gables does not exist in the City of Coral Gables. Mr. Andrews: It never did but it's Coral Gables property. Mr. Plummer: That's right. In other words it's off site of the City of Coral Gables which is going to be the Coral Gables transfer station. Mr. Andrews: But they own the property though. M. Plummer: Hey, I understand. We own some property out there west of the Palmetto. You remember what they tried to do to us on that. Mayor Ferre: Well they did, they didn't try, they did. They took it, we don't have it anymore. Mr, Plummer: All right, we only got half raped on that one. But wait a minute, what I'm trying to say, Paul, if what I understand you to say right now is true then what you're telling me is the county really has no obligation to the city but as a matter of convenience they're going to help us out. Mr. Andrews; Oh sure they have an obligation to the city. We have been told at least and Mr. Ellis Hollins has been politer to the commission that they're not in a position to acquire this property. Mayor Ferre: Well suppose we say we just don't have a piece of property to give you, now you go solve your problem? And then Coiin Morrissey, he goes and Says, "Shut down that incinerator," We shut down the incinerator and then w at happens? Mr, Andrews; Then the city Spends about a million dollars more a year than it is now to haul it all the way to 58th, Mayor Ferre; That's a pretty powerful salt. JUL 3 1 d Mr. Aidrewst That's the crux of this whole thing. Rev. Gibson: Mr. Mayor, you know l react, 1 haven't said anything, but t react bitterly to an incinerator arrangement where those hospitals are. Well alright; trash collection = name it, call it any of it. 1 just think, of course naturally l'm on the side where you care for the sick, I think we need to change the philes' ophy and the concept. When a Man is sick you have no assurance than this isn't the very last and we need to Celle to the point where if he is going we should say, and I'm sure you understand this, depart in peace and not certainly with all the trash and garbage and all of this business around them. Now I'm not responsible for that because you know we built the government hospital there. We have cedars of Lebanon there. We have that great Medical complex of the Univeri sity of Miami and l just wonder what kind of impression we give people who cone to tis. We're getting to the point where we are about to be the great medical center between us and Latin America. 1 think we heed to raise our sights and broaden our views. t just want to warn the commission. Now 1 know you're dealing with law and statutes and all that business but I think that maybe we've got to talk about beauty and aesthetics and comfort of the people. People could get money but Money can't get people. Mrs. Gordon: Mrs. Rockefeller wanted to say something I believe. Mrs. Grace Rockafellar: Yes, Mr. Mayor and members of the commission. Mr. Mayor made a statement a while ago that he said that this commission is looking out for the welfare and the interests of the City of Miami and I think this commission has set an example of that here today and that is one of the very things that makes this mayor and his comnissio:, so outstanding among the citizens of the City of Miami. You do look out for our interests. Now I know the final site is up to the commission. Of course, I disapprove of it in the original location they stressed. But as a tax payer for 25 wars in the city I'm going back to a statement that you made, Mr. Mayer, two or three months ago before this commission when you said it is becoming a habit for the city to give our town to Dade County and that you're opposed to that. Now I applauded that as I'm sure every taxpayer in the City of Miami did. We cre giving our property to the county. Now the county is not giv- ing us anything with this garbage disposal plant. This is in the Progress for Bonds and the c. tizer.s of the City of Miami are paying a huge amount of thie . We're also going to pay to use this facility. It's gong to be owned and operated by the cunty and personally I feel it should be in the county. But they also told before the City Planning Advisory Board that the Miami Beach`was going to use this and since it was a county facility that anybody could use this as the county deemed was appropriate to use. So we don't know how many people, how many municipalit- ies are going to wind up using this. So why should we give our property to them? Mr. Andrews made the statement that he was going to recommend us deeding the prop- erty to them but there was an alternative that he hadn't given much thought to and that was leasing the property to the county. Now this could be arr angecho matter site you pick if it is within the City of Miami to make an arrangement whereby the City le ses it to the county and then if the county wants to collect for that charge the municipalities that use this facility to pay that lease and let's let the City of Miami realize something out of their own property that the taxpayers have paid for instead of just giving it to the ccunty and I thoroughly object to deeding any property to the county. I think it can be worked out in a more compat- able was fo:: the taxpayers to get something for what they've paid for and I hope 'rol consider this and I thank you. APPLAUSE Mayor Ferre: Does anybody else want to speak on this item now? Well then I'd like tc because we're getting behind again I'd like to make the following recom- mendation as to what we should do. I think that we've gone on record now as against the property on 20th and 14th and there has been a variety of express- ions as to where his should be here. I don't think that today we are ready to vote and l think in my personal opinion if it is brought to a vote I'll just express my opinion, I will vote against the secoed alternative. Now I think I would vote for the gird alternative if we can work it out and if we could get Dade County to cooperate in replacing what we're going to have to tear down. That's the least we can ask for and maybe beautifying that area a little bit which wouldn't cost too much. I'd like eo get something a little bit in there.., Mr. Plummer: Mr. Mayor, I still get bate and I want included in the next meeting the cost of the acquisition of property of what the city is actually ei''ing up and how much they're going to gain. And ' want included in that, Mrs. Rockafellar just made a point that I hadn't even thought about, and it is something that we had better have established pretty damned clear - that the county is going to charge us for using that facility and transferring it out to the other and charge 1 1 US for burning, I want to see the breakdown on that as to where we really are making a hell of a good deal because I'm questioning it right now. So / would like tht in the bµeak down for the next meeting Mre1 Gordon: Mr. Mayorw it order that we may have a plan of approach and the County won't think we're just procrastinating and we've vetoed one thing and we're not interested in finding an alternate 1 suggest perhaps if you agree that you set up a liaison from this comfiesion and t exclude myself from that position with the county and with bur administration and code up with an alternate by the next COMMissioh meeting which will be in September. Mayor Ferret This is in the form of a Motion that we appoint, 1 will take the prerogative of the chair and appoint Commissioner Plummer. Mr. Plus Cier: You exercise that prerogative pretty often. I'll accept it though, Mr. Mayor. Mayor Terre; Well, that's why I exercise it. You act as a one Man committee dealing for the City CoMmission in conjunction with the administration to deal with Metropolitan Dade County and see how much bacon you can come back home with. You comae back with some bacon and let's see if you can come home with something for us - us the people. Mr. Plummer: Mr. Mayor, so there will be no misunderstanding, I have no conflict of interest. I don't own an incinerator plant. My funeral home has no connection and 1 just want that made very clear and that there is no conflict of interest and I will be dealing in public. Mayor Ferre: I hope the committee of one understands, and it hasn't gone to a vote here on this commission but 'I certainly hope that if we can work out that third alternate site and do it quickly that we'll come up with that. Now if you can't do that tr.en we'll have to look fore :something outside. would certainly hope that we don't walk away from here thinking that we either solved the problem or avoided facing it because we really need to face up to the issue. Let me very emphatically express so that nobody goes away from here with a misunderstanding the City of Miami desperately needs to salve this, problem. And there are a c^uple of reasons for that. First of all that thing is a monstrosity. It is an abominat- ion that we must get rid of, that incinerator. (2) We have got to move along with Dade County in solving the problem for the citizens of Miami. Now I know what Grace said but look at the alternatives. I can tell from being in not the same business but in a similar business that it is a lot cheaper to take the rock and the sand to the concrete plant and then mix the concrete than to ship concrete for 20 miles. So in effect what we're doing is that in reverse. What we're doing here is we're letting the people take garbage to a much closer place. If wemake the people of this community take their garbage, the people of the City of Miami, all the way out to west Dade County I guarantee you it is going to cost the people of Miami a lot more money. So my interest in this is not only to cooperate with Metro but in the interest of the people of Miami and 7 think that we have got to solve this and I would say that Mr. Plummer in voting on this the request that this commission makes of you is that you not only meet but come to a conclusion and expedite this so that we're be able to vote finally on this thing on September llth. Mr. Plummer: Mr. Mayor, I concur with you thoughts. I think it is important. Mayor Ferre: Oh wait a moment, it isn't September llth. I want that corrected. We voted to :Wake it September 4th. Mr. Plummet: September 4th is schedule and there is no reason as far as I know that we cane come up recommendations on the 4th. And seccndly I invite the com- mission as well as any of the interested parties in the particular area for input to this committee thinking. The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 75-704 A MOTION DESIGNATING VICE -MAYOR J. L. PLUMMER, JR. AS THE CZT' OF MIAMI'S REPRESENTATIVE FOR TUE PURPOSE OF NEGOTIAT- ING WITH METROPOLITAN DADE COUNTY ON A LOCATION FOR A SOLID WASTE TRANSFER STATION, WITH RECOMMENDATIONS TO BE SUBMITTED TO THE COMMISSION ON SEPTEMBEF. 4, 1975. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by a unanimous vote. 33 JUL 31197 Mts4 Gordon: Mt. Mayor, affording to the agenda we passed a motion previously which would have taker fare o #g. Do we have to vote or #9 nowt Mrs Plummer: 1 think it should also be held in abeyaftfe. Thereupon a trietieh to defer Item #9 was introduced by Mrs. Gordon, seconded by kev►. Cibaon and passed by a ehihiMbele vete. JUL 3 1 1975 10. PROCLAMATIONS) PLAQUES) CERTIFICATES OF APPRECIATION ETC: Presentation o f certificates of tappreciatits!' tot aseistatfe eiyen to t!+e Tricultural Program to Mario Las Americas, Petrie, Aseoeiatieh Inter- amer'icana de Hombres de btnpresa, br. William Stokes, and Camara de eonercia Latina. Presentation of Strolls of priendship and proclamation to members of the lnternation Air cadet Exchange Program consisting of young cadets from Britain and Israel. C. Presentation of Certificates of appreciation to Mrs. Carrie Meeks and Mr. Max roman. JUL 311975 11, ADOPT PLANNING STUDY 'NORTHEAST COMMUNITY COMPREHENSIVE PLANNING STUDY° Mr. Geroge Acton: r'r. Mayor, :mergers of the commission, before I begin I would like to introduce to the commissioin the two planners that worked on this particular study, Mr. James Ragsdale who is the project planner and Miss Marcia Malesl:e. As the commission recalls in April of 1974 the commis- sion did request a study of the northeast area. This study comes to you with the recommendation of the Planning Advisory Board and very briefly I'd like to show you elements of the planning analysis that were used to make the recom- mendaticns as they pertain to police. All of this information is contained in the Northeast Planning Study. The first thing that I want to point out to the commission is the existing zoning pattern that does exist in the northeast area. When you look at it you realize that the zoning pattern is reflective of the existing land use and is predominately single family in nature and one of the major objectives of this study was to perpetuate and to enhance both the exist- ing single family nature plus to bring into better scale relationships theother multi -family zoning that does exist on sone of the perimeters of the single fam- ly developments. The existing land use pattern is reflective of the zoning patterns that do exist in the area as is evidenced by this map. The major recom- mendations of the study, Mr. Mayor and members of the commission, as they pertain to zoning is to change some of the multi -family districts so that they'll be in better relationship to the existing single family zoning and development that does exist in the northeast area. And also, if the commission will note in the northeast area there is quite a bit of existing commercial zoning that does exist along the two major arterials, 79th Street and Biscayne Boulevard that is not reflect,ve of the type of use that does exist. So our recommendations pertain to both the multi -family and to the commercial zoning that exists both within the northeast area and along the major arterials. Some of the major zoning recommendations would be to roll back some of the existing C-4 for instance along the north side of 79th Street from the existing C-4 to a C-2 zoning which would be more compatable with the existing single family uses. There are a num- ber of examples along that stretch where the existing uses have little regard or not really compatable with the single family. Plus along Biscayne Boulevard we have a patchwork of different types of zoning which should :le changed to a uniform C-1 zoning so that all of Biscayne Boulevard right down to the heart of the down- town area would have a C-1 classification. Some of the R-4 zoning that exists in the northwest portion of the northeast area has never been built to the R-4 inten- sity nor is the R-4 intensity the type of zoning that should be applied between the C-1 and P-1 development. So in that area we had recommended a roll back of zoning to the R-3 classification based mcinly on the need to provide apartment structures that are more compatable with the single family nature of the northeast area and also recognizing the intra-structure, public intra-strucrures, sewers in streets that do exist in the area. Now some of the ;major recommendations of this study pertain to traffic and transportation. And very rapidly I'd like to show you the major recorrmmendations of this study as they pertain' to traffic, One of the major problems is the fact that a2nd Street di:i become a couple up with 79th Street some years ago and because in the northeast area and other areas to the west there is much single family development truck traffic is not supposed to use 82nd Street, -- iiowever, this is violated both in terms of the speed of the traffic and trying to 34 JUL311975 eliminate the truck traffic as it coined Off the causeway. SO we have made tbOOMMendatiena pertaining mainly to the signing of the area as the approach traffic comes towards the west along the causeway to make it very clear to the truck traffic that they are to be restricted to 70th Street and slot to 82nd Street. The signs that exist there now are very eonfuei,g. We have Worked with the Dade County bepart tent of Traffic and Traneportaion in evolv- ing new Clam§ that would eohtrel truck traffic and also reduce the speed of those vehicles that do use B2nd Street. There are Constant violations of the speed both for truck traffic and automobiles that use that route,. So these recorrended signs address theeteelves to that particular point. The other major recommendations in the report address opet space, recreational needs and the recotnendation cones to you from the Planning Advisory Soatd pertains to utilization of a particular site that is illustrated on this snap it is site #A - all of that land presently is not utilized for any type of structure. It is available and again it does, the way the existing zoning pattern exists there it does pass a problem in transitioning from feel to it-4. So one of the recommendations of both the department and the plans- ihq Advisory Board was to acquire that site for park purpeees as +well as other aiternatiVe sites in the northeast area to better serve the area with for the Most part parks that would be less than neighborhood but larger than Milli parks. the Northeast Study also addresses certain street improvements in the area, specifically those that are served by the existing multi -family development or areas that could he utilized for that purpose and also a recommendation to improve N.E. loth Avenue to include both sidewalks and a bicycle lane. The other nac,r element is the storm drainage problem and although the Planning Advisory Hoard 31ci recommend that local drains be connected to a positive system our response was, of course, that that particular solution would be prohibitive from a coat standpoint. The Planning Advisory Board also made recommendations about the cleaning and dredging of silt from canals which t'm sure some of the members of our audience might address. We had recommended that this particular issue be referred to the Law Department. and Public Works Department for an evaluation. In other words the canals it that area do silt up to a point where it becomes almost unnavigable. Th' other r think very important item for the commission to consider is the Planning Advisory Board recommended a change of zoning along N.E. 69th Street west of 9th Court. Now this particular parcel of land was Boned by court order from R-1 to R-3. The Planning Advisory Board did recommend this be rolled back. And our recommendation based on what the Law Department had told us was that this probably was not an appropriate action to take. INAUDIBLE • Mr. Acton: it's the Wheeler. Commissioner Gordon, I know was quite familiar with this particular parcel land as you are, Commissioner Plummer. That's the old Wheeler... Right. This came up I think back when you were on the Planning and Zoning Board. But their recommendation was to roll it back to R-1 so that all of that arca would be uniformly zoned as R-1 as it was before the court act- ion took place. Mr. Plummer: But George, now that the court has acted and in fact overruled us how can you come back now and recommend that we defy the court order? Can we do tl .at Mr. Acton: Mr. Lloyd can address that point. Mr. Lloyd: The answer to your question is no unless there are substantially changed circumstances. Unless we can show there are changed circumstances which would show that it is now feasible the answer to your question...is no. Mr. Plummer: So in other words what I'm understanding is taat the Planning Depart- ment then feels that they have justification that there are changed circumstances. Mr. Acton: No, this is the Planning Advisory Board that made their recommendation. In other words we prepare a report for the public hearing at the Planning Advisory Board. They oe through this item by item and for the most part... Mr. Plummer, In other words what I'm understanding is is justification that the circumstances have changed. that to us? Mr. Acton: This will Come out from the members of the concludes any presentation, Mr, Mayor. somebody feels that there Are they going to document audience. In fact, that 35 JUL 31 1975 Mr. Plummer: 1 would like to Mkt a couple �f demMehte. Pitat Were you going to call on me/ alL Maybe Petrel Mop 1 Wag Net 46ing to see hOW Mahy people Weft tO speak on this ite.M. Mow many speakers are there/ Six apeakers. All right. Mr. Plummer. Mr. Plummer: Mr. Mayor1 just for the record 1 want te establish as 1 did with the area of C606hut Grave 1 am still concerned 1 sill still bothered by that as well as a letter who 1 will tot identify the writer. I received A letter front an area person involved It the downteun area which has not yet Mien been addressed by this eeMlission. Whether it is tight or whether it's wrong this 66ntentiOn of the writer is that if we do what we propose in the downtown area we're going to affect his pocketbook by approximately $4,000,000, one lad owner and it's not the Mayor by the way. But I'm going to estabash here as I Will ih the downtown area that 1 have serious reservations about confiscating a Mah's rights without compensation. I'm still bothered by that as 1 said in Coconut drove applies to this area as it will apply to the downtown area e yes* we have the authority# yes it heeds to be done but 1 think a third yes has to be involved and that is to compensate a man for what he has paid for initial set of rights now being reduced. So I'm making that a part of the record. The second point. George, ate you (not intentionally please, and don't take this personally) but you spoke of a piece of property which has been the subject of litigation now - i'm up to the entrance there of Little River Canal - it's been the subject of controversy as long as I've been around which is 11 years. George, where are we going to get the money to buy it? Now you knowp are you embarrassing us or really embarr- assing yourself? You know the first thing we always hear with anything that gets controversial - Let's turn it into a park. Well, that's great and if we had our way about it every piece and parcel in the City of Miami would be a park then it's not controversial. But where the hell is the money coming from? We're under financial problems. Would you address that? Mr. Acton: Certainly. Mr. Mayor and members of the commission, as we all know a comprehensive plan addresses the comprehensive need of a community. These recommendations are based upon the need of that particular community to have a park in that area. It does not address the problem of the funding necessarily. What I'm saying is that in a comprehensive planning process we look at the total needs of the community regardless of the a1iicy of our particular community to meet those needs. But those short comings are ordinarily addressed within a community's capital improvement program as just to exactly how much money they have within various funding sources to meet total community needs. What I'm saying to you... Mr. Plummer: You're trying to establish priority. Mr. Acton: Exactly. Mr. Plummer; Ok, Mr. Acton: And this is the first priority that comes to you from both the Planning Department and the Planning Advisory Board as the need for a park in that particular site. Mr. Plux,mer: long as it is understood you're establishing priorities. I don't want Grace Rockefeller to rightfully come before this commission in 30 days and say, "Hey, you promised us a park. Now where is it?" You know it is understood that this is a priority not an acquisition. There is a big dif- ference so I just wanted that for the record. Thank you. Mrs. Grace Rockefeller: Mr. Mayor and members of the commission, I'm Grace Rockefeller and I live at 814 N.E. 71 Street, City of Miami. Now I live in the northeast area and have for the past 25 years. This plan was put together through the efforts of the Northeast Improvement Association which I happen to be president of now but understand I can only speak as a citizen. Mr. Allen Mettoff, our first vice-president who is also an attorney was here and had to leave at 11:3G because he had a case coming up but Pat Kolsky, a director of our association will speak for the association, And Mr. Mayor, I assure you I'm not coming back in 30 days and say you promised me a park or Mr. Plummer. I'm not going to do that. During all the hearings on this northeast I would say that this was one area where we did not have a whole gxoup of obje;tors, The Planning Department, Mr. Ragsdale handled these meetings and we really have to commend 11:m for it. He worked with the people in the northeast. There were a =Aber of meetings held and they tried to work in what the people wanted and the people Mostly got what they wantod, Now the Plan as it stands as a whole is a very good one and it is approved by the people, by the voters in the 36 JUL 311975, northeast area and also by the Platting Advisory Hoard. Hut l speeitii ally would li to to address myself to one area of this whit oortoetha sty home and the hones around ma and that is the area that Mt. Aotb1t just spoke to a moment ago but the RE.1 between Oth and 'flat street. Now l think Commissioner Oordon arid Mt. Plummet were the only two sitting on this oomr►iasibh that were involved at that time and if 1 remember right you were both on the Zoning board. Now there web quite a controversy over this. YOU tee, this lot, his contention was Mr. ban Wheeler w1to owns these lots, his contention was that he was going to build an apartment building there to take care of his parents for the rest of their lives. That is the story. He brought up a hardship oast. He also brought up the site of the lot, the odd shape of the lot. And if you recall many years ago a previous City Commission that l think also Commissioner garden, Vice Mayor Plummer Might have been on the coMMiasion at the time Mc flay Towers was rezoned over the objection of the whole northeast area. The o mmission at that time granted it. Mr. Hearn is still living, he's stil]. in our area and he has said since then which every commissioner has said that was the biggest Mistake they made all the time they were sitting On the City Commission. Mrs. Gordon: Grace, where was that location? Mrs. Rockafellart Mc Kay Towers. It's the end of... Mrs. Gordon: Oh that's before our time. I want the records clear on that. Mrs. Rockefeller: 1 said I didn't know whether you were around then or not but nevertheless, in order for Mc Kay to get a permit to build this building from the City Couraission he had to put a street through. Mr. Wheeler owned the land so Mr. Wheeler sliced off and this is why his lots are pie shaped now. He sliced off these lots, sold them at a high profit for land that he picked up at a tax sale fox a few dol:axs. It's ok to make =a profit but then I don't believe in giving somebody their cake and them eat it too. So Mr. Wheeler came back, the Zoning Board, the City Commission and all the residents turned this down because you can see the location on the map this is completely surrounded by R-1. The only other one is this Mc Kay Towers that's over in the southeast corner which isn't even actually across from his property that is zoned R-4 or 5 ( I've for- gotten which it's zoned). But anyway this is completely zoned R-1, the rest of it. Now you asked if there have been any changes since that time. Yes, there have been. Mr. Wheeler came back before the Zoning Board, came back before the City Commission and tried to get N.E. 70th Street closed which would tie all his lots together and make it a much larger area. Well this was turned down. He wasn't successful in getting it. So then he went to court and got the zoning through Judge Duval, Harvie Duval who happens to be a close friend of Mr. Wheeler's and at the time I don't know whether anybody here with the city yet remembers Mr. Fitzpatrick, a former City Attorney who was very ill at the time. He was a very nice fellow but he was very ill. Now I know I attended that court hearing. Mr. Fitzpatrick asked no questions or hardly made any representation at all to the court. It wasn't because he didn't want to, the man was sick and he shortly re- signed from the City Attorney's job right after that. But nevertheless, Judge Duval, there have been a number of letters in the paper recently where he has done the same thing on Metro, on land that the Metro Commission turned down and where attorneys were involved that he's zoned it up. So I would say that this is an ongo _,g habit with Judge Duval. But since that time after he failed to get the street closed within two months after he got this through the court order, now he was going to build for his parents, he sold it. So the sale was contingent upon getting the rezoning. He made a profit off of selling the land to Mc Kay. He made another profit off of selling the land after he got the zoning on it. Now the new owner tried the same thing. He couldn't get the street through. So what he did on part of this land from 71st to 70th he built a private home which is there now and is occupied. And the second owner has had a for sale sign up on this land for a long time. Now that whole area has a drainage -it slants directly to the bay. When Mc Kay Towers was built it caused such high water because you have to fill the land up so high in order to build an apartment build and this caused such high waters Mr. Wheeler himself had water running through his home so he started to sue the city and the city had to go out and put an expensive drain in back of 69th Street to relieve the water situation. Now if this is built on, this particular little area here that is completely surrounded by R-1 that land is going to have to be elevated and every property owner on 4 streets is going to have a drainage problem. And I heard Mr. Acton say a while ago that while the plan called for a certain amount of drainage financiall. it was impossible to do it. So what you're actually going to do unless it is .'Oiled back, you're going to create a dam there at the end just this side of the bay where in hurricanes and high rains all the homes in back are going to be flooded out. NOW the city does have the power to roll back zoning, Nobody has a right to zoning, I think I've learned that much throughout my life. You can roll it 37 JUL 311,V75 up or you Can tell it down and 1 think this was ohe of the utrat tette... Mr. PluMmert Graft, car t atop you for a rihett.? because if I'm not mistaken, ih the interest of bretrity, you or at isms is going to have tt5 document thesis facts. Mre. kockarellati Come out attd #' 11 show you. Mr. Plummer: And t don't think anyone en this comttissibtt would be opposed to you or anyone else documenting these fatty to the City Attorney who in turd is going to have to recommend to us. but it is gbing to have to be documented. Am 1 tight? So, if 'what you're wanting fro this Cott tiiesion this morning is the authority to you or whoever you designate to document these facts and pres- ent them to the City Attorney t'll make the motion right now. Mrs. eockafeller: May I ask you a question? boes the city have a record, keep records back that far' Because we had documents and we presented it to the City Commission at that time. We presented our documents to the City COMMisaion. Mr. Plummer: Sy the shaking of heads, yes, 1 was answered yes. Mrs. Rockefeller: There are your documents. There le where we would have to go to get them. Mr. Plummer: Well, but 1 mean what you're going to have to do; Grace, you rr someone else are going to have to document what new facts have occured Since the court order because we're not worried before the court order. Mrs. Rockefeller: I think this is something that came up before you too. Mx. Plummer: yes. Mrs. Rockefeller: When the new owner built this home he built it, he got the plans for a private home and he had it all set up to put a wall right through the center for a duplex and this City Commission made him stipulate in there that it was going to be a one family home. Now that's on part of that Wheeler property, that very home you're talking about. Mr. Plummer: All I'm trying to say, Mr. Mayor, is it is going to have to come as a recommendation to us that the City Attorney has in fact found nw evidence or he has not. And all I'm saying is someone has to present to him the documented evidence or your ideas on the matter as to what you feel justifies the new change. We can't act on it today or at least I wouldn't without a recommendation of the attorney. Mrs. Rockefeller: But I called Mr. Anderson. Mr. Plummer: So I'm saying in the interest of brevity is to just take and for- ward that to the City Attorney and let him digest it and kick it out to us. Mrs. Rockefeller: I called Mr. Anderson who sit: in on the Planning Advisory Board MQetings and invited him out to look at this property and would be glad to snow him exactly what happened and I didn't hear from him. I don't know whether he's been out... Mayor Ferre: Grace, excuse me for interrupting y we've got a lot of things to do. So I just want is ahead of us. Now how many of you want to spec Who are the proponents of Item 10? We have 5. i Are there any spokesmen as opponents? Alright, v. an opponent.. Would three minutes be enough for more than three minutes.... ou but we're hitting 12:30 and to see what the lay of the land .k as proponents of this item 10? ow many want to speak as opponents? e have one gentleman over here as all of you? Does anyone want any Mr. Frank Dannenberg: Mr. Mayor, my name is Frar.k Dar;nenberg, 2110 S,W. 13th Street. I just want to make a point of clarification. Mr. Mayor, Commissioner Plummer, when this item came up in front of the IA -arming Board we realized that this was going against, defying a court order. F. question was brought up that there was new evidence. This is Why, the only reason that we decided to put it in because this new evidence could come out but not because we agreed o have a roll back, just to listen to the new evidence and I just want to clarify that. Mr. Plummer; Who brought the evidence? Mr. Aannenberg; No, it hasn't been brought up in front of the Planning l3oard. The question was that there was new evidence so we said Os, let's hear it. :38 JUL 975 r' ,a, Mi. Plt tier t Who brought it up Mt. Dannenbergt I believe it teas some members in the audience and some members of the board. Mt. Plummer: Well, 1 think those are the people that the burden is going to be on to document that er►idehee. 1 think this COMMittiOn is Well on record that we're opposed to ati A-3 beirie there, We stood for that way and voted that way until the cmtfts overruled us, Mr. Hetmaf A, Thome! Mr. Mayor and commissioners, my name is Merman A, Thomas, t lure at 1133 Belle Meade tslathd, I'm President of Belle Meade Heite0Whert Assoc- iation. I w eh to thank the planning Beard...athd they haven't changed any of the Boning in the Belle Meade setticn and 1 want tb thank theta all tor the good job they're doing keeping our neighborhood like it is. Mr. Plumnner: For the record, you're in favor of this? Mr, Thomas: Yes, sir. I'rn speaking for the Belle Meade Aese,eiation from 72nd Terrace to the canal, from the Boulevard to the Bay. Ms, Christine Papas! Christine Papas, 1230 N.B. 83 street, Miami. I'tn concerned with the North Bay Crest Canal which it bordered on three sides by N.B. 82nd Street on the south, N.E. 83 Street on the north and N.E. 12th Avenue on the west. Mr. Plummer: For the record, point that out on the map, if you will. Ok, that's your area of concern. Ma. Papas: That's the Canal I'm talking about. The canal when it was originally dredged had a depth of approximately 14 feet at maan low tide. The citizens of N.E. 83rd Street between loth Avenue and the bay are more than just delighted with the way the street has turned out, the highway improvements that we've had and the beautifications and the trees. It is a credit to our community that we have such a lovely street and the Miami Public Works should be applauded for all they have done. However, though the city has just spent $560,000 improving the highways is has also intensified a p: bi,-?:t that has existed since our scwe: streets and canal has been in existence. it :gas improved a drainage system w,iic.i has through the years emptied its outfall from N.E. 83rd Street from loth Avenue into our canal and from 12th Avenue and 82nd Street into our canal. These photos well show how our canal fills with water, litter and silt after a rainstorm and has been doing so for many years. I'd like to show you. These were taken after the first rainfall after the cementing of the gutters and they clearly show what happens. Usually you cannot see the litter and the silt as it is going into the canal. The sewers have done agreat job of filling a navigable waterway with silt. We now have a depth at mean low tide of 3 feet, if you can say that! We choose to buy our homes and lots and build our homes... Mr. Plummer: Can I, with the sake of maybe making an enemy, can I cut you short? You're entitled to the Public Works which I don'tfeel is a part of this. The Public Works should come up there and get the thing straightened out and that's all you're looking for. Correct? Ms. Papas; We want the canal dredged. Mr. Plummer: Ok, well if that's the case we have the equipment to do it. Ms. Papas: That's not what they told us, sir. Mr, Plummer: That's what they told you. If they don't come up with the right answer then we still happen to be their boss. Ncw you're entitled to an answer. I think unless there is any question from the adninistration I think this matter should be looked into and a report made back to the commission. Paul? Mr. Andrews: Yes. I don't think Mr. Grimm is prepared to give a quick answer on this with ,L :Laving gone and reviewed it hims(lf. Mx. Plummer; I don't think he should. Mr. Grimm; We'll look into it. M. Plummer; Alright, have a report back on the llth of September. M. Alexander Koisky; My name is Alexander Kols}.y and t live at 1240 N.E, 83 Street, Commissioner Plummer, I'm addressing myself to the same situation to the study plan 39 JUL 1 137 et that has been prrposed here. We are ih favor of the study plan, However, the study plat'i that has been brought up here says, "that the u efttrolled surface runoff which is hot captured and directed t0 a local or positive system ihCteatea the level of oil and fetal matter in a ruhoff which serious is degrading tb the rater quality of titterMay." Maw the play,.... Mr. Plummer: Al* is your area the same concern, only for a different street? Mr. 1 lsky: 'Vet* sire No, it'a the same street., the tame situation. Mt. Plummer: Well, the action of this cotnmissibh right how we're telling Mt. Crime► whose department it coos under to iheeetigate the matter acid tome back to this eon lssion on the llth of September with the answers. 80 l dbti't tee there there is any problem. There might be a prroblem bh September llth if he tomes back acid says it is all yoru fault. Mr, koleky: They've given us the answers in het-e and they've said what it was supposed to be done. Mt. Plumper: Kxcuse me, September 4th, t'm told. Yes, September the 4th. Now what I would like, Mr. Grimm, whatever you furnish to us ih a Meta documenting what you have found and your recOMMendations that it be sent to Mt. Kolsky and the other lady who spoke in advance so that they can come here prepared to speak to it on September 4th. Ok? Ok, fine. Mt. Kolsky: Plus they had mentioned in here we were supposed to pay for it and that's our objection. Mr. Plummer: I can't put them down for trying. Pat. Mrs. Alexander Kolsky Good morning. My name is Mrs. Alexander Kolsky, 1240 N.E. 83rd Street, Miami On this matter that just talked about, there has been amend- ment made to the affect that the city should revert to Public Works and look into to funding on the cleaning of it so it's just part of the planning study right now as an amendment. Mr. Plummer No problem. Mrs. Kolsky: Ok. As a Director of the Northeast Improvement Association and as a resident of the northeast area for 29 years I urge the City of Miami Commission for the approval of the Planning Department's Comprehensive Planning Study with amendments for our area. In addition to this we urge you to provide for immediate enforcement of the recommendations therein. The citizens of this area especially those who attended the workshops and hearings and those signed petitions I have presented their views and desires to the city and are vitally concerned about every policy which affects our area and have heard the corrective upgrading and favorable recommendations in this study. It is a positive study, we know what is in it and we wantit without any further delay. Our area is in danger and has been constantly voiced and now it is time that action be taken. Thank you. Mr. Plummer: Pat, so there will be no misunderstanding I think this commission is going to take definite action today to the zoning and to the comprehensive sk.;dy but I want you to understand that the one recommendation that I saw there, that relating to traffic is not within our purview. It has to come from us in the way of a recommendation to Metropolitan Dade County Traffic and Transportat- ion. You understand? Mrs. Kolsky: What we want is approval in concept and then we'll act upon each thing. Mr. Plummer: Ok. But the implementation of it is from Metro. Mrs. Kolsky: Right. But we would like you to urge that if you don't mind. Mr. Plummer: Well that's part of this. Are there any objectors present? There is none been recognized in the audience. Is there anything further from the Plan- ning Department? Under discussion, I want from the Planning Department or whoever is in charge that all of the people who are being affected have been notified and it is very obvious that there is no objection here today. Mr. Acton, Mr. Simpson, I want it on the record that these people, all people that are being clncerned have been notifies. Mr. SiMpaon: The property owners have not all been notified except through legal ads and contacts in the area. You must understand that this is just a general JUL ?)1 1975 plan, Nov when they get into the public hearings on the implementation of any change why then they will all be individually nOtified. 1,1r6 Plummer: Aut we have complied with all things that are necessary and the normal courtesy notic0 Mr. Simpson: Yes, tit. Mayor Perre: Now what this is, this is a resolution Which adapts the study. 040 SO we tee -ovate where we're at in this prOcessi We've done the bliftle thing in Coconut Grove. We adapted a plan and it a qUettiOh of the implementation of the plan where we statt getting into sticky areas as we'll see in a little while. The following resolution was introduced by commissioner Gordon. who moved its adoption: RESOLUTION NO. 7s-705 A RESOLUTION ADOPTING THE STUbY ENTITLED NORTHEAST COMMUN- ITY COMPREHENSIVE PLANNING STUDY.,1975, At PAM= BY THE PLANNING DEPARTMENT, SUBJECT TO CERTAIN AMENDMENTS, ?OR A GEOGRAPHICAL AREA GENERALLY BOUNDED BY THE NORTH CITY LIM- ITS, B/SCAYNE BAY, N.E. 70TH STREET AND BISCAYNE BOULEVARD. (here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Mr, Plummez, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. JUL 3 1 1975 12, ORDINANCE AMENDMENT ARTICLE IMECTION 23, PARAGRAPHS 3 AND 4 "RESTAURANT SEATING" UNIDENTIFIED SPEAKER: May I point out one thing? Subsequent to the preparation of the proposed amendment I addressed a letter to Mr. Acton and have discussed it with hintpersonally. There is one minor change that I think he is in agreement with. Mr. Acton: Yes, and we concur with this recommendation. It is a change from "the" to "a". UNIDENTIFIED SPEAKER: In subsection 3 (a) in the next to the last line, that's line 31 on the first page the word "the" lobby to "a" lobby because we don't want to hair split and take a chance that it might be misconstrued. Mr. Plumpe.: Incorporate in the approval of the motion this outlined thing by the -:ty Attorney. Mr. Lloyd: Mr. Clerk, of "the". would you just... It would be changed from "A" lobby instead AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, TH2 COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE IV, SECTION 20, AS IT RELATES TO RESTAURANT SEATING, BY DELETING SUBSECTION 3 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SUB -SECTIONS (3) AND (4); REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CON- FLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Mr, Plummer, Rev. Gibson, Mrs, Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reba's°, The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. 41 •JUL 31.1e75 MAWor Parse: Now Oh the record lift teem #9 1 forgot to submit for the record all Of the signatures Oh the petition against the Garbage Procesairg reality oft 20th and 14th and t would like to, Mr clerk, flit submitting these into the record. JUL 31197S 151 OFFICIAL DEFERRAL OF ITEM 9 AND ENINNeliiknak STATION Mayor rerre: NOw the tteltt item is tteM #12. Mrs. Gordon: On that item the attorney advises us that we ought to defer rather than... YOU brought up a ptyint about the actions we took on this ite l think we'd better get all the commissioners in here when we discuss it, Mayor Parse: We made a mistake a little while ago. Yes, you and me and all of Us. And here is how the mistake goes. When you vote, this is on the incinerator, With you vote against something *Attie% is what we did... We made a mistake on the incinerator. When We voted against it that in affect we do is extend the process because we've got to start all over again. Now the way out of that legally is as was pointed out to me by the Manager and the city Attorney is that we should really defer and that way we don't kill the thing and then we can always take it up again. See, this is a little procedural. matter. So what I'n saying is we ought to rescind that vote and make another - we need one vote to rescind and then we need a vote to Continue the item which is really .... Mrs. Gordon: It appears to tne, Maurice, that number 8 we just leave it stand because we've rejected that and #9 we rescind because we're finding a new locat- ion. Does that do it? Number 8 is at a specific site of 14th and 20th and that's out. We're not going to defer that because that's out. Mr. Lloyd: That is completely out, you don't want any reconsideration. That's fine, that's the way it stands. Mrs. Gordon: No, as far as I'm concerned. I'm speaking for me and I this:: the other commissioners feel the same, was unanimous. Mayor Terre:. Let's not confuse apples and oranges. It isn't what we, none of us want that. We've all voted. Now we're talking about procedural. This is a procedural technique. That's all we're talking about. Now, if we kill it as I understand it then it has to go back to Planning and the whole process; there is just no we're going to do it in September. If we in turn defer it then we can use that as the vehicle to vote upon something else as an alternate if we want to. Is that what you're telling me? Mr. Lloyd: Yes. Now we defer it for the purpose of attempting to find an alter- native site... Mayor Ferre: Now are you talking about 8 or 9? Mr. Lloyd: Nine. Mr. Andrews: And Mr. Mayor, you only took one action and I don't think you acted on 9 I think you acted on 8. UNINTELLIGIBLE rayor Ferro: We now need a motion of Item 9 to rescind the vote that we previously took. Is there such a motion? Thereupon, the preceding motion was introduced by Mrs, Gordon, seconded by Father Gibson and passed and adopted unanimously. Mayor Terre: Now we need a motion to continue Item #9. Mrs, Gordon; I move that we defer Item #9 and search for an alternate site. Thereupon, the preceding motion was introduced by Mrs, Gordon, se^onded'by Father Gibson and passed and adopted unanimously, Mr, Simpson; Mr, Mayor, on that subject, when the notices go out next time I thank it would be safe rather than give give this specific address of 1955 to place an ad in the newspaper: and my notices "To consider the munici.pal property et the general location and this gives you the flexibility. f1111 S 1197 Mts. Gordon t Right. That's touch better. DO you need that in the motion? Mt. Lloyd: No, he'll do that administratively. 141_N s or ZONING: � rt LY o AVIATION AVENUE BETWEEN TIG RTA1L AVENUE AND SNOE L IV MORATORIUM ON PORTION, ETC' Mt. George Acton: Mrs Mayor and members of the commission. as you recall this item wes deferred from the last tneetit1g. We'd like to rtin through a series of traps for you to refresh your memory as to what... The first snap shows the existing tenth as applied to the entire area, specifically to the area that it directly... YOU recall it is R.-4 mixture and A-C. The next map shown the recommendations of the Planning bepartn%ent which was an attempt to provide a zoning classification which would buffer the high intensity iZ-c zone froth the surrounding R-1 tone. This is the recom- mendation that was contained in our report. The neat map shows the potential alternative solution which was discussed by Ctmii.ssioner Gordon that shown the R-4 extending across Aviation avenue. Commissioner Gordon, if you recall you wanted to take a look at that particular area along Aviation Avenue expetially at the tt-4 site. Now this particular site shows the potential application of the R-4 across Aviation and being surrounded by the new classification of P CC The next map shows the need for an overlay district, in other words extending the overlay district that presently exists along bayshore. If you take any action to change from what is reconrtnended in the study you'll have to take action on the overlay district itself to extend that. That's the end of our graphic presentation. The map that is on now is the one that commissioner Gordon specifically requested she go out and look at it and the potential of R-4. Mrs. Gordon: Are you saying then even with the RCC you're recommending the overlay over it? Mr. Acton: Yes, to make it uniform, Commissioner Gordon. Mrs. Gordon: I see. Ok, then my personal keelings are that your R-CC is not better for that area but the overlay I do agree. My personal feelings are that. Have you another map that you can throw up there that shows what it is now? Mr. Acton That's the existing configuration. The R-4 does go across Aviation and it's surrounded by R-C. Mrs. Gordon: Right. My personal feelings are that you retain the cur- rent zone and put the overlay over it that you would control the area which is what is needed and you would prevent the intrusion of commercial uses as far up as Tigertail which is permissible in the R-CC. Mr. Acton: Now you're saying the existing zoning as it is laid out which is the R-C together with R-4 and applying an overlay district on top of that. Mrs. Gordon: Exactly, without changing the zoning on it but overlaying it, to control it. Mr. Acton: Alright, then limiting that area that lies to the northeast of Aviation to four story height as the overlay... Mrs. Gordon: Whatever the overlay controls are the overlay would direct the same on both sides of Aviation not just on one side. Mr. Acton: The point is that the R-C overlay along Bayshore is a 10 story height limit and the reason that we had recommended the R-CC was to provide a change or :suffering affect between the R-C on one side of Aviation and the R-1 so that you get a transition of moderate height. Mrs. Gordon; I understand your reasoning that you think the 10 story on one side is not good and the 10 story on the other side is Qk but I don't see it that way because it faces, it is a uniquely situated pieQe of property and not an extensive amount of it in my personal thinking that you're operatinc on the patient to cure one part, you might kill the whole person, That's the way I look at it when you're changing it to R-CC and I feel that if you're going to weigh the benefits and the detriments to what you want to do and what will hap- pen because of it:I would prefer overlaying tho present zoning. f '1.<3 JUL 311S75 Mr. Acton: Well, 1 judt want to make it very cleer then what you're saying is that the,. Mrs. Gordon: I speak for one persOn. Mr. Acton: 1 understand that. l just want to Make it very clear though that What you're saying then is that the lt�e existing zoning would be allowed to go to 10 stories. is that correet on that parcel.? Mrs. Gordon: if that's what the west Side of the street is that's what the east side of the street would be. Mr. Acton: 'When the R-4 right directly behind it would be limited to four stories. Mrs. Gordon: Whatever the east side, the west side would be the same on Aviate ion. You understand fle? Mr. Acton: I understand what you're saying. Mrs. Gordon' I'm saying both sides of the street to the are the same. Mr. Acton: Again, that does not give you the buffering affect that you need between the R-1 on the one side... Mrs. Gordon: You know I don't agree with you on another thing. I don't agree with you on your conclusions on your R-1 with the planned development concept being what they are. I think they're far in excess of the kinds of development that that area should be allowed to take. However, since you feel it should take it then this it not i:, keeping with what you feel it should do. Ok? Mr. Jack Rice: I'm glad to see Commissioner Reboso here, glad you're feeling better because the last time we were objecting because you weren't here. Mrs. Gordon's explanation, if that's what the commission intends to do, I have no objection at this time. However, it will at a subsequent meeting of the com- mission when this comes again I am having sone studies -made and I hope to have them prepared for a ntore fuller presentation. Hcwever, I don't want to take a lot of your time if the commission is of the opinion that this should remain R-4 and R-C which I think it should remain. As you know Boyce Ezell just came out with an opinion and he sighted the Aronovitz case and the Hesten case which was a companion case with the Aronovitz case in support of this new opinion which Judge Ezell just came out with. The essence of the opinion is you just can't have spot zoning such as this and make this R-CC when you permitted everything develop around it in a different type of zcning and I think what you've done here, and I have record with me as to the Coconut Grove Hotel where so many variances were given and the Yacht Harbor where variances were given, and the Office in the Grove; all those buildings and ever. taking along Aviation there on that corner on Tigertail and Aviation there is now a six story building in a lot much smaller than any of the other lots in the so-called new R-CC zoning. That is only 100 x 150 foot lot or 100 x 200 maybe. But that has a six story apartment house. to the north of my client's property and as you know I repres- ent all t+j.se persons from Aviation 200 foot north up Bayshore'and for approx- imately 400 feet up Aviation towards Tigertail right where his pen is across. There is an apartment house right on the corner there. These people bought their property, paid good money for it. Pr. Robertson said he paid $17 a square foot for that R-C zoning and R-4 Zoning in the area and to now do what this R-CC would do to him is just absolutely taking his property without due process of law. And if you would like, I'd like to read you what Boyce Ezell said in his opinion. You'd like to hear it. Mr. Plummer: Jack, if the commission adopts what Mrs. Gordon has said and you are going to have further statements at the next meetirg I think why don't you wait at the next meeting and make all your comments than, Mr. Jim Daugherty: I'm Jim Daugherty. I own a buildirg which is right where the pencil is marked. It's called Stoneridge Apartments. I built it there about 10 years ago. To the rear of that building and the one northerly of it, the Odell Building, we have a pr'eculiar situation therc where we've got R-C butting up to R-1 at the rear and.the Planning Board earlier recommenced that some intermediate zoning be brought back to 20 feet from Tigertail at .;,he rear of the apartment house, All of them are short apartments, All of us 'ere quite illegal on how we're parking in the back of our buildings there, Those build- ings were built before the number of cars seemed to be on the streets there are now and it was their recommendation and I thoroughly agree with it that the rear 44 ends of those twe a►partmente oh Tigertail, there's probably a hundred feet wbire talking about, should be changed in accordance with the Planning Board's rOCOMMehdation. bo I make myself somewhat clear there? I'm in total agreement With what Mrs. Gordon has to say there in total agreetltent there. But in addit' ion to that the Planning Marl i S reeeflebehdatioh, 1 would like that adopted also. Mts.Gordon: I'm going to disagree with you there because at the last time that tft !Net and before we defected this portion at all we toek a poeition by motion to keep the line where it is fibw' and not to.expand it any further to the north- westerly which is the property you're talking about. It's eh of angle there. Mrs Daugherty: That little square in there. Mire. Gordon: Yea, right. Because of the potential problems that could arise from the expansion of the commercial type of uses that are included in the k=C classification. Now ,.. Mr. baugherty: We don't want, you don't have to have 2-C there. Some step down is all I'm talking about. Mte Gordon: You're a present owner and futdre owners might have other viewpoints On development. 1 know and 1 think rather, I shouldn't say 1 know, that .lack, can he get a conditional use in there for parking on the Re.1 Abutting ReC7 Mr. baugherty: Any type of relief would be satisfactory. Mr. Simpson: Yes. In fact, I was over there looking at it early this morning. The cars are parked and the boat is parked illegally on that and it is the proper subject of a conditional use for excess off-street parking. Mrs. Gordon: It is a proper subject, therefore, perhaps Mr. Daugherty, you can get further information on your own personal problem. Mr. Daugherty: What I'd like to do would be just finish it off now with their recommendations and that would cover it. Mrs. Gordon: we cannot handle that aspect oZ it at tnis level at this ta,:1e that's a separate, that would become a part of a separate hearing as a different use to go before the Zoning Board. You'd have to make an application for condit- ional use but Mr. Simpson will explain it to you or Mr. Acton or Mr. Luft, exactly what you have to do. But there is a relief mechanism that you can apply for for parking. Mx. Plummer: There is a provision. Mr. Lester Pancoast: Me. Mayor and commissioners, what we have here is a very very sensitive almost a key to a whole residential area that lies leehind it. It's one of a group of decisions surrounding the Dinner Key area which are com- ing suddenly and perhaps belatedly to the attention of a great many citizens because they realize that is something unravels in one part of the Dinner Key area the rest of it can unravel. I think that we feel very very strongly that the ma..,. y..ls here are to prevent Tigertail from deteriorating in any way beiu..se that is a domino that would simply trip right on up northward. We're also trying to work out a very careful transition between the area south of Aviation and the area north of Aviation. Now changes will happen north on Aviation but there are already mechanisms for their happening inteligently, Therefore, we believe that the R-4 should remain as it is. It is a fact it is there. It is a good neighbor to what is next to it; that the R-C should become R-CC and that the overlay should cover both of them. And we want the overlay to cover both of them because we think any move in this area should be very care- fully looked at and reviewed to avoid the dangers that I earlier touched on. I think that is the essence of my message and I think that the mechanisms here have to be looked at very carefully and I hope we don't delay endlessly this decision because I think that it isn't so coeplicated that we couldn't arrive at a deci.s n •c' ,an it today. Thank you. Mr. Ted Tschumey: Mr. Mayor, commissioners, my name is Ted Tschumey. I'm an architect, I live at 3610 Bay View Read, Coconut Grove, I'm the President of the Coconut Grove Civic Club, Rose, I'd like to begin by thanking you for bring- ing this issue up last time. It did need additional study. I do thin:c that you should reconsider your present position, however, from R-C to R-CC and the reason is this: Nmc permits a FAR of 1.5 with a 10 story height limit. R-CC i..s 05 with a 3 story height limit. Now what we're trying to accomplish here is a transitional Zoning to get down and get compatable with the R-I to the 11E 111 north. Let's be hypothetical about this and assume the R` exists and retains in effeot as you proposed. Mr. Daugherty tan dome in at a later date then and redevelop to 10 stories. The apartment next to him can do the tame thing and then we're confronted with a 10 story apartment beside ail R..1 district. tee, that's where it fails and that's the Whole attempt on the planning Department to down grade this thing tits it transitions gracefully into the fig district add that is the basis behind it and that dab riot be construed in any manner as spot t+t t;irtg as Mr. Pied has said. to that is the real is sue. In other words we're getting up a situation right here that is either going to result in a hrickell Avenue with a lot of high rises that are going to come about through court cases, if in fact it stays at R-C or we're going to have to challenge it perhaps. tut I think we cats carry the day anti the logic of scaling down to the R-1. It it extremely important. 1 think you know how concerned the oitikens of Coconut Greve are about this area and indeed about the whole area along here including bay ?font park and blither Key and this decision is extremely important, much rare so than 1 think has been brought out today. Thank you very mu eh, I would like to reiterate that we recommend leaving the R-4 as it iss going to R,,CC for the very important reasons that I've just explained and then having the overlay. Thank you very rnueh. Mr. Claire Filer: Claire Filer, 174e S. Bayshore Drive and on behalf of Bayshore homeowners Association to make it short, we just agree l00% with the Planning Department's R-CC recommendation. It is a natural step down using Aviation as somewhat of a buffer and for the other reasons that Mr. Pancoast and Mr. Tschtuney mentioned that we do approve of that. Mrs. Gordon: You're saying that you are in favor of the R-4 going to R-CC? Mr. Filer: No, the k•-4 staying like it is and the R-C going to R-CC and then with the later overlay you will have the four story height limitation on the R-4 parcel and then you'll have the automatic three story on the R-CC parcel which is alright next to R-1 which in the R-1 areas we do have one plan submitted for a fairly low density planned unit development of only 2 stories. I think it would be wrong to permit a"possible 10 story situation right next to this property in which we're going to be faced with this Planned Unit Development and which frankly it looks like we're going to support as the better of two evils. Mrs. Gordon: What is the height of the developed apartment house as I can't recall right off the top of my head the height of Mr. Daugherty's property and the... Mr. Filer: Three and four. Mrs. Gordon: You have four stories in yours', three. And next door to you? Four. Mr. Filer: They could be faced with a 10 story jammed up next to them. Thank you. Mr. B. Clark: My name is Bernal Clark. I've lived in the Coconut Grove area the last 50 years and in the Tigertail-Aviation vicinity for the last 30 years. I think I represent the single family residence people on Tigertail perhaps more than anybody else. My property is exactly opposite the property that you propose to change from R-1 to R-CC. I'm an R-1 resident and the single family residences on both sides of me object to changing from an R-1 to a commercial zone. Now Jim Daugherty said something about requiring a parking lot on the R-1 property and I have no objection to his getting some kind of a permit to take care of his excess parking but I don't want the commission to change the R-1 spot to any commercial zoning whatsoever. Mrs. Gordon: I don't think there is any intention for us to do that. Last meet- ingwe removed that. Dr, Janes Robertson: Gentlemen, I appreciate your listening to my pleas again and I thank yot; io your attention. I own the property on the east side of Aviat- ion there which is R-4, 200 foot frontage. I'm Dr. James Robertson. I live in Jamestown Apartments across the street from us at 2721 S. Bayshore Drive, I own the R-4 property that is in the middle of the block on the east side of Bayshore Drive. I am heartily for many of your things that you have proposed here.' I own eleven buildings north of Bayshore Drive in this that are affected by ;'our overlay district and I have no objection whatsoever in these areas. The only two places where I'm affected, it's going to hurt very badly, would be Jamestown w..th R-C zoning which you will consider at another time and on Aviation which is R-4, Now across the street on the center of Tigertail and Aviation right where his pen is JUL 31 75 On a much stoner lot you've allowed a six story building and 1 would like to say that as en Whet, and 1 an far more vitally affected as an a ner than some resident that lives blocks away who has great ideas for this section, I love the drove just as =eh as these people do but 1 try to be & businessman and my friend, lack Meath who is the thief loan officer and Vice President of the Keyes Mortgage Company. 1've talked to him about it and there is no way that this property can be developed with any further restrictions on the toning that there have been. These buildings are ntoW 3b to 4b years of age old. They are one to' two stories in height and that is the way they'll have to stay unless f can keep what limitations ate there already, If there are further lin►itations their will just be ho building. Thete is no way it can be done. I do think that further rental units are needed in this area. Last week Mayor Clark in toning to a four Story apartttent said there is a great heed for further housing for retired employees, working people and things like this. we're hot trying to develop, we're paying two taxes. We're paying city taxes plus county taxes and I think you must realize that as an apartYtent owner 1 can tell you we have a long waiting list for leas expensive apartttents especially studios and what 1 would like to propose is all of the land close to Bayshore brive which is the highest cost at this point with the new zoning would cost above $25►000 per unit with the restrictive thing. That is why you need some further studies to see if this can be developed and Utilized in this manner. I just say that it is impossible to use it with the proposed changes and I would like to at my own expense pay for whatever studies► feasibility studies and land costs and so forth and present it to you at a later time if you'll defer all action on all this I would appreciate it. 'Thank you. Rev. Gibson: Is he saying to us that he wants the opportunity to further study at your expense? So that 1 could be knowledgeable, are you speaking, Jamestown is there by the bank? Let me ask, Mr. Mayor, may I ask Mr. Pancoast a question? I had an awakening, you can't believe that as long as I've been here I just found out you know you turn off Bayshore Drive you turn up by Jamestown, 1 didn't know that was a street and then there was another street, Clark going... Is that the apartment he's talking about? Well, let me ask this. As a layman, please, under- stand I don't know anything about... Ok. Yacht Harbor right across the street, let me ask you so I could be enlightened. Yacht Harbor is there and nothing is going to happen. Next to it is that other Sailboat Bay. Ok. So you're saying Yacht Harbor, Sailboat Bay is in that block. Ok. From where he is on P try going to Cie bank, he and the bank will be the only people in that block. Is that what you're telling me? Mr. Rice: That's right. Rev. Gibson: Ok. Now, he wants us to permit him to study that area. Is that what he's saying? Mr. Rice: That's one of the areas together with Aviation and Bayshore you know where you're trying... Rev. Gibson: Well, let me say they seem to agree on a study for Aviation, I think based on what Rose said. I want to make sure that I'm enlightened on that triangular piece of land that goes from Bayshore all the way back to where the parking lot for the bank. I' like for you whom I know and I know how you're concern.,-..: alout... How does that afrect us based on what he has said? Now remember you aren't going to be dealing with anybody else but the bank. You kncu ? Mr. Lester Pancoast: Yes, I think that would mean that you're allowing one property owner to make a study in his own behalf. I think that in spite of what I think I understood I think there is considerable objection by this prop- erty owner to the height overlay. Did I misunderstand that? Mr. Rice: Oh yes, he's objecting to the height overlay because there can't be no development under the cost factors. Here you've got a man right across the street with 22 story buildings who obtained some variances in order to put that 22 story building there and within a stone's throw of him you're saying this man can't develop his property. That runs absolutely counter to the law. There is no case that I now that supports that proposition. Mr. Pancoast: Well, I've never even come across a phenomenon of a man proposing at his own expense to study for the benefit of the city his own property to come up with some kind of answer in his own behalf. I don't even know how to react to that, I think these matters are community matters and I just don't know how you can respond to such a proposal, 47 JUL 31 197 Mr. Ted Tschumeyt rather Gibber, /Id like to add one thing to that and that is that the JaMeatOWh is really hot the issue t of toutset before ut today. We've aCted on that for the first reading with the 10 story limitation, Niaw when the second reading comes up br. kobertson at put forth any studies that he hae or Wants to at that time for your reconsideration. gev. abson! Oh, I'm sorry. I just Waht to take sure we haven't precluded. I Piet Want to Make sure that this iSn't final word, we haven't precluded the COW= sideration of that triangular piece of land, IS that tight/ Mr. Tschumey: that's correct. Rev. Gibson: Let the tell you why you need to uhdetstand what t'm saying. I find I Waht tal be honest and fair by hit like I want to be by you; Yacht Harbor is at this side of the street and here is one great big street that divides Yacht Harbor from hiM. He has no other person to be Worried abut other than the bank. /sn't that right, t Meah in that blOck? What he is saying is if AM:Matt:Mt cannot go up as high as Yacht Harbor, isn't that what that means? Oh, maybe not as high but similar dehsity, He questifts, All t would hope that you, I know well and respect your professional khoWledge, would certainly have for him an answer when you tome back plus 1 think he ought to be given the opportunity. Whether I accept his study is one thing but I certainly wouldn't Want it said that here is a man who says, "I think / could make a good argument" and then I said to him, "Man, I don't want you to hear no argument." That says I've closed my mind - I don't want to hear. You know? That's the only thing I'm saying. I just want to make sure that we understand it but you know how I feel about the position you men take. Mr. Pancoast: I don't think that there is anything standing in the way of a man making the study himself and bringing it to the hearing at the appropriate time when that item is before the commission. That's just an opinion on my part but I don't see why he's asking you for permission to do that, / ju3t don't think he has to get your permission to do that. Rev. Gibson: I know, Mr. Pancoast, but you know one thing - it is alway; nice, at least I would like to know that he's... I appreciate knowing that he's the study because you know I'm going to be asking you. Mx. Pancoast: Yes. Well, you know that a large number of us have backel the overlay so in our backing of the overlay you have pretty much our argument on this matter which we've always thought was terribly important and we've donated vast amounts of time to it without owning any property in the area at all from which to benefit. So I appreciate your asking us and I hope you will continue to. Mrs. Gordon: Doctor, will you throw the other map back up on there that shows the R-4 and the R-CC? I want to see the extent of land area involved. How many square feet are in that area that's delineated in blue? Is that back to the original line of the R-C or is that the expanded area as we're looking at it? Mr. Luft: Commissioner Gordon, as best I can recall it's about 4 or 5 acres in the Flue area there. Mrs. Gordon: But is that line as I'm looking at it, is that where we brought it back or is that where... Mr. Luft: That is where the existing R-C line is today. Mrs. Gordon: As 1 am looking at it that is the R-C. Ok, and you say it is 5 acres of land. Mr, Luft: That's approximately, the blue area. I seem to recall that it is About 4 to 500 feet up from Aviation and about another 4 to 500 feet up the hill less the angle cut out of it which would be about 4 to 5 acres. Mr, Plummer: Mr. Rice, you said that doctor owns the property in brown, Mr, Rice: Well, not that apartment right on Tigertail. M. Plummer: Let me get to the question I'm trying to raise, Other than Mr. Daugherty and Mr. odelle who owns the property in blue ysour knowledge? M. Rice; My client, Kessler, trustee. 1.0 48 JUL ' 1975 Mr, pivamer Oh, it is a client of your' s and you're here objenting On hls behalf. Mr. Mee: That's right. Mr. Plummer: Ok, I was wondering where the other people were that were involved. Mrs lice: Mrs Messier just died, Sydney Kessler within the last few months since this has all been brought on. Now it is his son, Richard. Mr 4 Plummer: But you're representing hit in objection? Mr, trice I am representing the owners of that particular property. Mr. Plummer: Do I understand, Mr. Daugherty, you have ho objeetoor► exeept to that at the back yard? Mr. Daugherty: I certainly do object to that R-CC change, behementiy I object to that, But I assume that Mrs. Gordon had pretty much covered that with her overlay... Mrs. Gordon: I just stated a position that I felt. I'm listening to testironey. I have not arrived at any conclusion. Mr. Daugherty: ...and I condescended to her observations but I was adding the other part on the rear to take care of a problem that has existed a long time, that's all. But I am very much opposed to any such changes that Bayshore front- age being changed to R-CC and I don't know of any law that's ever come around where you can touch a piece of property that has already been developed in this manner as is suggested here. It is just like going down and getting some of Mayor Ferre's buildings on Flagler Street and say Mayor Ferre: Now be careful, I've got an attorney by the name of Jim Daugherty that might come answering you on that. Mr. Daugherty: Well, all I can do is say I hope I see you in court. Mayor Ferre: He is your son, isn't he? Is Jim Daugherty your son? I would assume that he is. Mr. Daugherty: I have a son named Jim Daugherty, yes. Mayor Ferre: Who is an attorney? Mr. Daugherty: Oh no, that's another Jim Daugherty entirely different._ Mayor Ferre: Then I apologize to you that was just a family joke. Obviously it isn't. Mr. Daugherty: I'm not quite that old. Dr. Robertson: Your honor, on the night this was considered there were 19 objectors and when finally the vote came at close to midnight there were two people for chang- ing this zoning and 19 against it there.- And the vote was one vote for it and that's why it was so narrowly passed and I feel that it maybe needs some more time. Mayor Ferre: Well, it is my opinion that we've discussed this; we all know all sides and it's now time to act. Mr. Bill Jacoby: My name is Bill Jacoby. I reside at 1946 Tigertail. I'm vice- president of the Tigertail Association. I would like to join my colleagues from Coconut Grove Civic Club, from Bayshore Homeowners and the other people who have Spoken in favor of the Planning Department's recommendations to go to R.-CC. We feel that today's recommendation from the Planning Department provides an ideal compromise between: our feeling for preserving the character of the Grove on the one hand and Commissioner Gordon's concern for the non-commercial usage of that tract up toward Tigertail. I think that Mr. Acton and Mr. Luft's proposal today to go to R-CC along Bayshore and keep the rest R-4 but with a height limitation is a superb resolution of this problem, I have been thinking since tie last com- mission meeting of Commissioner Plummer's concern for the property rig.3ts of the individual owner, This is a very Well taken concern, it is a thing thr:.t has been on your mind for a long time, It is voiced by the owners themselves almost every- time they step into these chambers it is bound to keep coming up, It is an issue that has to be addressed 1 think, If you'll permit me just a minute to reflect 49 JUL 31,1975 Oft this. t think that there is a difference, a quality difference betwaeh the O flcern wf a property Owner who is inhabiting or has his OWft plaoe of business 6h & piece Of property which affected by aohirig change or a prospective coning Change. There is a difference betweeh that and the kited of OWfterthip in which • speculative investor ties up a large parcel of property, seeks to develop it for the sake of large settle financial gain ih a Manner which l think we have 'ht. characterize as speculative. I don't feel.. Mayor Ferroa Well, of course, courts don't make that distinetitk , do they Mr, lrltsyd� Mr. Rice: The courts don't make _ that distinction and Dr. Robertson Lives right there oh part of this property a ►d he can't live in two places. My other client's property is an office in which Mr. Pancoast had it rezoned to permit an office in there I believe, or his father. So if you read this ordinance, this R-CC it has drugs, newsstands, sundry stands, grocery stores, fruit and vegetable market, hardware, Marine hardware, fish and treat market, delicatessen, shoe repair, :fakery shop, barber shops, beauty parlors, dry cleaning agency, laundry agencies - that's commercial. Mrs. Gordon: Didn't we also add restaurants to it? Mr. Rice; And restaurants to it. Yes, we did. Mrs. Gordon: Mr. Acton? I wasn't sure, I don't remember exactly but I thought we did. We did. Mr. Jacoby: Let me just quickly close this observation. Dr. Robertson may live in a portion of that property but I feel that when he says that he wishes to develop as he did in the last meeting; says that he wishes to retain the rights to the property and develop it in his own good time he's not talking about his own personal residence. I don't know of a body in our society that will stand behind a speculative investor and tell him, "We guarantee you maximum return on your dollar." 1 don't think it is the responsibility of an» city government, any federal bureau, any private organization to take upon itself the obligatir r. to make lr to speculati"" n --,.tors .d-ealestate the differ between what they'd like to get and what they might get if the welfare of tree community is followed. That is my way of thinking. Mayor Ferre: I'll recognize Commissioner Rose Gordon. Mrs. Gordon: I want everybody to know that I never coma to these chambers with a predetermined mind, that I listen to testimony and make my decision based upon facts that I hear in conjunction with facts I've already known. And based upon testimony and facts I've heard and facts I've known the portion of property zoned R-4 should remain R-4. Do you want separate motion, Mr. Mayor, because they're not all alike? Mayor Ferre: What would you like to do on this, Mr. Lloyd? Mr. Lloyd: This would be the best way then we can tell exactly what you're moving .,n ‘..Len we'll read the ordinance... Mayor Ferre: No, my opinion is that she ought to put them all together so that we know exactly what the full impact of the whole thing... Mrs. Gordon: I'll state the intent then you can tell me whether you want separate motions. Ok? Mayor Ferre: Alright, that R-4 remain h-4. Mrs. Gordon: The 10 story was bugging me and still bugs me and it w.3s the uses in the R-CC that directed me away from the R-4 portion. I thought of the R-CC in the blue portion as being spot zoning which was really my major reason for taking the pi,.ion of retaining it in the R-C. However, I asked a question of the Planning Department, how much lard area is involved in order to make that determination one factual, and with 5 acres of land I really cannot think that it is spot zoning to the degree taht I would have thought if it were something less than that or a great deal less than that. Therefore, I would corsider and my fellow commissioners you may or nay not agree that we probably have to take the courage •- bite the bullet - and go with the R-CC in order to set the style for the continuation of the aayshore Drive development to the northeasterly of that property which Presently are zoned R-1. I still believe I thin% if we're going to overlay on the west side of Aviation we have to overlay on the east ,- • Side SO therefor, the third pert of that t�1d beciame an Overlay ort that portion of property, Mayer ferret Alright* Wel11 take them Oho at a time. Make your first MetiOn. Mtg. Gordont The first Motioh is tO keep the 11-4 14 Mayor Verret Alright* there i Metier' that that portioh which it 1.,4 in the mtp before ut remains as ki,48 Mt. Lloyd: Yee, you will now vote oh that motion to decide whether or not .... ReV. Gibsoh: Mr. Mayer, let Me ask. Mr. Rice, what Mrs. Gordon said, all I'm trying to do it / heard them agreeing by and large with what Mrs. Getdon has indicated plus 1 heard you agree. Are you together now? Mt. Rice: No* we're hot. No. We want the zoning to remain as is where the blue no they have 1-CC we want it to remain ReC. Now Mrs. Gordon says this is it a 5 acre tract. This is approximately 4 owners own this piece of property Night on Aviation and Bayshore my client owns that 200 by 150 foot piece which is formerly known as the Pancoast Building. He vehemently opposes that beitg changed. Under this Boyce Etell case the court when the same factual situat- ten was presented to Boyce Ezell stated that you can't do this because what you've done is you've taken my client's property right there on Aviation and Bayshore when it is surrounded by 5 or 6 story buildings and just a block down the street has a 20 story building, put a brand new road in there, got three bars across the street and tell me that my client can't now construct it under an R-CC zoning. That just isn't right. Now these people say we bought it as speculation. We didn't buy this as speculation, This property was bought as R-C property. They put their hard earnea cash in it. They supported you when you wanted to make it a six lane highway. They paid the assessment on the street. They put sewers in there for highrises. They put water in there for highrises. Now after they spent all their money, made all their investment and you have made this a commercial area by your own activities you've got a bar, at Coral Reef, a bar at Bayshore, two has on Aviation east of Bayshore Drive. yqu're going to develop the auditorium over here and a new multi -unit auditoe.um where you're going to spend $4,000,000 and you're telling me that you're going to zone my people's property down? That takes statesmanship to stand up to these people and tell them you just can't take our people's rights. And I'd like to give the Mayor this case so you can read it. I really should, if you'll give me the time I'd like to read it myself. Mrs. Gordon: Mr. Rice, would you repeat what you said about $4,000,000, whatever you said? I didn't hear what you said. Mr. Rice: ...those improvements to the auditorium. Mayor Ferre: That hasn't been voted on. Mrs. Gordon: Who said we're going to do that? Mr. Rice: It's in the paper, I don't know...but at least it is being considered. Mrs. Gordon: If they get elected in here then they'll have the opportunity to vote on it I guess but I'm not... Alright, I'm only one. I thought I heard you say... Mr. Rice: I know you are against it, Mrs. Gordon and I recognize that. Mayor Ferre: We have a public hearing on that on September 3rd, we're not going to discuss that today, Mr. Rice: But let me read you what the court said in Boyce Ezell's case which is exactly what is happening here. It is the very same case and you're taking my poor client, these people doa't have any money invested there. Mr. Pancoast sold his building, he's net there anymore. It's my man that's got the money, mine that's got the dollars and Commissioner Gibson, I Want to tell you, you know When I was in the attorney's office we constantly developed areas to E-rovide employ- ment. One of the employment in Which we the City of Miami issued theso industrial bonds was the Hurlinggame Mills when the put their building on 5th Street, 5th Avenue and about 26 or 27th Street there so they could provide employme4t. YOU know these things that we're building and we intend to do with this proPertY which are going to be very hige, ky the way, comparable to what ie there now like Yacht 5 t JUL, 311975 Harbor and Sailboat Bay: those things are going to provide employment. That's net a bad deal. tt's going to provide net only employment but it is also going to help the stores in that area. Mayor Tercet .tack, we're repeating the sale things over and over again, You've made very effective arguments and so has the other side and Mr, Jacoby i8 very eloquent and Mr, t'ancoast... Mr. Rite: He hasn't got a dollar iti the deal, Mayor Ferret And you're very eloquent and Dr. Abbe soh it very el c juent but now it's time to vote. Mr. Rice: Well let me read you what the court said so when you note you know what you're up against because we're not going to take this laying down and i think you ought to give us the benefit of the doubt. Mayor Terre: I understand. I think you as a citizen and representing your clients have every right to give us all the warnings and give us all the legal that's fine, you go right ahead. It's your right. Mr. Rice: Speaking of fairly debatable and this is in the case of Victor A. Ruchamp.. . Mayor Terre: All I'm asking you to do, Mr. Rice, is please don't repeat philosophy anymore. We've had enough philosophy now. Mr. Rice: I'll read you what the case says. This is hot out of the Circuit Court. It says, and this is the Beechamps case which is number 73-24885, Judge Ezell in the Circuit Court of the lith Judicial Circuit, Dade County which encompasses the City of Miami and in City of Miami Versus the court stated: "However, in attempting to determine what constitutes fairly debatable," and that's what you're deciding here today, "The Supreme Court of Florida has clearly indicated that debatable must be upon grounds that make sense and they cite the City of Miami Beach versus 'Lockman and they also say, "And although zoning :gust determine on their own 1 h»si cal facts Florida courts 'la,'e held restrictive zoning unconstitutional as applied to analogise lac:: situations." And it recites number of cases and one is the Aronovitz versus Metro Dade County which is also a very recent case I was involved in because it was a companion case to the Hessen versus Dade County and that is about less than a year old. The affect of the Com- mission's decision to roll back, speaking about the County Commission, the roll back petition is was spot zoning in reverse which was condemned as arbitrary in Manlowe versus the City of Miami Beach • This result is reached because the court, the' county has allowed the building of highrises around the subject property and now only asserts itself by rolling back this particular property. That is the same situation we have here. In Stokes versus the City of Jacksonville the court at 2:04 while holding zoning action unconstitutional recognized the situation and stated, "Sovereign by its past activities has changed the character of the immed ite neighborhood now refuses to recognize what it has created." And that is our situation. I'm sorry I took the time but I think you ought to know what.... Mayor Alright, it's in the record now and I'm sure that is what you wanted to establish. So you have that right. Now there is no further discussion on this item. Commissioner Gordon makes a motion that the area that is now R-4 remain R-4. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-706 A MOTION DECLARING THE INTENTION OF THE COMMISSION THAT PROPERTY PRESENTLY ZONED AS R-4, AND INCLUDED IN THE PROPOSED ORDINANCE SUBMITTED BY THE PLANNING ADVISORY BOARD FOR REZONING IN AN AREA V07:.11:AETERLy OF AVIATION AVENUE BETWEEN TIGERTAIL AVENUE AND SOUTH BAYSHORE DRIVE, REtMFiIN :'ONED R-4. Upon being seconded by CommissiQner Plummer, and adopted by the following vote - AYES; Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. 1,, Plummer, Jr. Mayor Maurice A. Ferro the motion was passed NOES; None, Mrs, Gordon: The Second one was the area delineated in blue, following the recoMmendations of the planning bepartrnent be changed to RELCC. Mayor Perrot The area in blue Which is presently -C be changed from 11.-C to ACC. Now is there a second to the motion? is there a second to the motion' is there a eeebnd to the motion? Mrs, Gordon: I'll withdraw the n btibn if there is nb sebbnd. Mayor Verret Now the third MUM. Mrs. Gordon: The overlay which is on the west side of Aviation be extended to encompass all areas oil the east aide of Aviation which are hot Zoned kg. Mr. Simpson: Mr. Mayor, t think it would be wise to hold the extension of the overlay district until the Comrisaion Meeting on September 4th and do that on second reading. That's what is coming up, ?ou acted ern the overlay district last time. It's not on the agenda now but it will be on the agenda next meet,. ing for the second reading and modify the Map at that time. Mrs. Gordon: t didn't understand you, Mr. Simpson. Mayor Ferre: if I may, t think what she's saying, Mr. Sit►pson. I think what Coiunissioner Gordon ie saying is that on first reading she wants to amend what we voted on last time... Mrs. Gordon: Well, we deferred that portion for today's hearing and we have to take some position, either yes or no - we either do it or we don't do it but we have to take a position. Mayor Ferret Now there is a motion on the floor to the overlay oh the east side as well as the west side. What she is talking about is the overlay on the east side as well as the west side. In other words it will be zoned R-C but there is an overlay. Mr. Plummer: Was the overlay originally proposed for east or north of A-dction? Mr. Luft: The overlay was not proposed in lieu of the proposal for R-CC. Mr. Plummer: Well, the Law Department is questioning whether or not it iias to go before the Zoning Board first, that's what they're questioning. Mr. Lloyd: Now the extension of the overlay you should not take action 'n that today because it was not before the Planning Board. Mrs. Gordon: Oh, that was not part of the original? Oh. Mr. Lloyd: No. Mayor Ferre: Jack, why don't you explain one more time what the overlay, what the affect of the overlay is. Mr, Luft: Mr. Mayor, the affect of the overlay district is to apply a flur story height limit to any district, any zoning district of R-4 or C-2 that is encompassed by the overlay. It also applies a 10 story height limit to any district that is zoned R-C within the overlay district. Mayor Ferre: So then in affect then this property that we're talking about if it remains R-C would have a limitation of 10 floors. Mr, Luft; If it remains R-C and the overlay district is not extended it would have no height limitation on it in the present density. Mayor Ferre: And if it is extended it would have a height limitation of 10 stories, M. Luft: That's correct, Mayor Ferre; All right, Now is there a second to the motion? Mr, Fiummer: No, the motion is out of order according to the Legal De?artment, Mayor Ferre; Why is it out of order? Mr. Lloyd; you see, what this does as t understand it it provides for an extens- ion of this overlay district which was not originally proposed according to the .lh311975 new 2orting ordinaioe before the Planning advisory $oardi so before this boma mission bhould act upon that it that gOttioh should go before the Planning 4dvis' ory board. Mayor Ferre: Well, I'm going to state my own opinion ab that till on the record. tiniest we can extend that overlay area there they t am voting for that piece of property to be A ..= . And it we don't get an overlay on it then I'm voting for it to go to ha,. Mr. Plummer: Mr. mayor, 1 believe that the proper motion at this time would be that this cot mission direct the planning Board to consider the overlay extension but tb the area designated ih the striped blue and white And if that doesn't pass then the Mayor has made his comments very clear, Mrs. Gordon: yes, that's our intention but that doesn't hold water because until it goes through.. Go ahead, Mayor Mayor ?erre: I've got a solution► If hose will make a ihotion that we continue the question of the R-C to Pt-cC on that particular piece then that leaves it open and 1 want to state that unless We get an overlay I'm noting to move it to R-CG. Mrs. Gordon: Mr. Lloyd, will that in any way, this pending action, Will that in any way control that property? The Mayor is concerned about the interim period of time between the action of a Planning Board and us at some future period of time. Mr. Lloyd: No, there is no way that you can control it in the interim. Mr. Plummer: Except put in a moratorium. Mayor Ferre: I would accept that. Mr. Plummer: We've done it before in the Grove. We're talking about basically one parcel and three owners. Is that correct? Mayor Ferre: That's right. Mr. Plummer: And I don't think doctor nor Mr.... Mr. Rice: We're not planning on coming downand getting a permit if that's what you're afraid of. Mayor Ferre: Fine, then you won't object to a moratorium. Mrs. Gordon: It happened to us before, Jack. Mayor Ferre: Here is the way I think we can do this: (1) We place a moratorium on this piece of property, all of it. You put it on a moratorium basis - that would be the first st€.p. (2) You continue the hearing. This is a change of zoning, you continue that to the next meeting and in the meantime (3) you ask the Pla-ning Department to restudy the overlay in that area. If the come up rccoruending it then that solves the whole problem. If they don't then I'm tell- ing you I'm voting for R-CC. Mrs. Gordon: We took action on the R-4 so ring the balance of it. Right? Mayor Ferre: No, I think what you have to do we would defer action on the remainder. Mrs. Gordon: On the remainder. And then whole thing. Ok, I understand. now we have to take an action on defer - do... So in other words what we would take another motion of moratorium on the Mayor .Ferre: Righc. And the third thing is to ask the Planning Deaprtment to review it and come back with their recommendations. Three motions, Rev, Gibson; Mr, Mayor, I hope, Mr, Pancoast, you all heard what these motions are, How about you? Ok then, I'm for the motion, Mrs, Gordon: Alright, I'll move the R-C portion of the property be deterred from any action until a future ,period of time, We have to take some kind of action to hold it in abeyance I guess, Is that right? 34 JUL 1975 The following Matien was introduced by Coif iissiorier Gordon, Wht moved its adoption MOTION MO, 75-?bY A MOTION bEPE NO I'f'trM 12 Op THE JttLY 31, 197S CITY COMMISSION tt EPtNG tNTITLSO CRAMS or ZbNtt O Mtn NOItTAAST2IttY OP AVIAT- ION ION AV' % tItTWUN TIOtATAIL AVtNtit AND SbUTI MAYSHORE DRIVE. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote- Anat Commissioner A0be tsrdoh Commissioner Manolo Reboso CC nunissiohet (ReV.) Theodore Gibson Vice Maur J. L. Plummer, Jr. Mayor M;auride A. Perre NOES: None. Mrg. Gordon: The next Motion would be to have a moratoriums, if you want to call it that I've never used that term before. Is that the word you want, Plummer/ You waist to mote it them ok, that all building periiiits be held sip on that port - min Which arrow to to a moratorium. 1 think that is the way we have termed it before. Mr. Lloyds Yes, that's right. It is a moratorium on the issuance of building permits. Mrs. Gordon: Unless approved by this commission so therefore, that takes care of it. Mr. Southern: That's the portion that's proposed for R-CC? Mr, Plummer: R-4 and R-C. Mrs. Gordon: The whole thing on the east side. We're talking about the whole thing. Mayor Ferro: This is the east side of Aviation under discussion. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-708 A MOTION PROVIDING THAT NO BUILDING PERMIT BE ISSUED IN THE AREA GENERALLY DESCRIBED AS LOCATED NORTHEASTERLY OF AVIATION AVENUE, BETWEEN TIGERTAIL AVENUE AND SOUTH BAYSHORE DRIVE, UNTIL IT IS FIRST APPROVED BY THE CITY COMMISSION. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon ,:oimissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. NOTE; SEE RESOLUTION 75-759 PASSED AND ADOPTED LATER IN THIS SAME MEETING. Mrs. Gordon: Now we're directing the Planning Department to bring this overlay concept to the Planning Board for recommendation on the east side of Aviation.' That includes all of the property not zoned R-1. The following motion was introduced by Commissioner Gordon, who moved its adoption MOTION NO, 75-709 A MOTION AUTHORIZING THE PLANNING DEPARTMENT AND PLANNING ADVISORY BOARD TO RECONSIDER THE AREA WHICH IS GENERALLY DESCRIBED AS LOCATED NORTHEASTERLY OF AVIATION AVENUE BETWEEN TIGERTAII, AVENUE AND SOUTH BAYSHORE DRIVE TO DETER,, MINE WI . TITR SAID AREA SHOULD BE PLACED IN A SPECIAL OVER- LAY ZONING DISTRICT. Upon being seeonded by Commissioner Gibson, the motion was passed and adopted by a unanimous vote, JJL81175 Mayer Parte: golOmon, kra OGG you aga h I rant to say that st frieete areUed here has shown the wisdom of G rdon, and I want to eengratulate you *, Mrs. Bole corn. We Will t a few weeks. Thank you, ladies and gentlemen, JUL 3119?5 AMEND ORD 16871-, -�..., it Si"R,rc" s DENSITY, LOT AREA AND %4DTH REQUIREMENTS Mayor i erre: Mr. Acton, you've got it worked otit? What is the worked out deal? Mr. Acton: We did meet with the objectors and we have worked Oft What We felt will be ah equitable rearrangement of densities within the 1"0 district reali2» ing that the R-0 is touch more intense in terms of density than either the t..4 or the R-3 districts. Consequently, we are tow recta ►ending that tinder section 2, subsection 2 that the schedule be Modified so that the first 12 units will require 6000 plus 1500 for each additional unit over 4 and that from 12 or more Units the 18,000 square feet plus 550 for each additional unit over 12 to a Maximum of /2 units per acre. Now that's the change we are recommending. One to 12 instead of one to 15; and 12 or more would be 18,000 pits 550 and that changes from 22,500 plus 600, it changes to 18,000 plus 550 which is still a lower intensity than presently allowed by approaches the types of density that you expect to find in the R-C district on larger tracts of land up to 72 units an acre which is the existing cap on R-C density. Do 1 make myself clear? Mr. Plummer: This is in concurrence with the department and all of the objectors? In other words, is everybody now satisfied that we're going to accomplish what We're trying to accomplish? Mr. Acton: The objectors ,are in the audience. Mr. Jack Rice: Well, that's the best deal we could make. We were trying to come to some equitable solution and that's where we're left. Mr. Acton: This still gives us the type of protection that we need in the lower lot sizes so we don't proliferate... Mayor Ferre: ...here, but you know we've been at this since 9:00 O'Clock sharp and we've been running behind and after that we've got Ricky Thomas who has been waiting all morning. So Joyce, why don't you go ahead, set up and after that I'm going to take Thomas and then we're going to get into the afternoon agenda, hopefully. Mr. Plummer: ..thirteen subject to the negotiations worked out and agreeable to the Planning Department, I will move Item #13 as delineated by the City Attorney in the resolution for approval on second reading. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- !i1SIVE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE {I, SECTION 1 AND 2 RESIDENTIAL OFFICE, R-C DISTRICT, AS IT PERTAINS TO DENSITY, LOT AREA AND WIDTH REQUIRE- MENTS FOR APARTMENT BUILDINGS, APARTMENT HOTELS, AND RESIDENTIAL UNITS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT: AND CONTAINING A SEVERABILITY PROVIS- ION. Passed on its first reeding by title at the meeting of June 12, 197!e was taken up for its second and final reading by title and adoption, On motion of CemMissioner Plummer, seconded by commissioner Gibson, the Ordinance was the eepon given its second and final reading by title and passed and adopted by the following vote; AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES; None THE ORDINANCE WAS DESIGNATE? ORDINANCE NO. 8429. The City Attorney read the ordinance into the puiic zeCOrd and annooed that copies were available to the members of the City Commission and to the public, JUL 31 1975 lat MIS4440AWARANCE EDISON LITTLE RIVER SELF HELP COUNCIL mt, Pieky'Thomas: Mr. Mayor: and distinguished commission, I am here in behalf of Mr. bill Turner and also myself. Mr. Turner apologizes, he couldn't be here he is afi Chicago attending the Council of Great City Schools. He sent a letter to you, Mr. Mayor. and also a copy to the other commissioners. We've been here about three or four tithes about the saute item. We had a firm eommittment from you about the Edison Little l eer project for the $15,313.00. You voted unanimous- ly on dune 5th and told the City Manager to find the money but we find out that they gay we need a formal resolution from you it order to get this and that's what I'm here today to get a formal resolution because we need to finish our pro- gram and we're trying to keep a hot summer cool by keeping the kids minds active and doing constructive things. We don't want a Detroit, a Chicago, what have you and we're doing a fine job but We nee.i these funds desperately. Mayor ?erre: Alright. Now Paul, this commission has gone on record as I recall in favor of this project. Now where do we stand and why haven't we been able to progress on it Mr. Andrews: Because we just don't have the money, Mr. Mayor. There is absolutely no money there that we can allocate from those funds to make them available. Mayor Ferret Now let the ask you a question, Mr. Andrews. We had a project here that a gentleman by the name of Emilio tlopez came up and brought before us. Do you remember? And we voted $40,000 for that project. Mr. Andrews: I think 1 do. It may he to many projects for me to... Mrs. Gordon: It was Day Care rennovations and it was to be in the Wynwood area, two of them. emember7 Mayor Ferre: Now as I understand, even tnough I warned them four times and here before this commission twice, those moneys have not been used. Now can we transfer CEc J L: moneys? Mr. Andrews: Yes, that would be for the commission's decision. Mayor Ferre: Alright, I'll take the burden upon myself that if those moneys have not been used that we transfer those funds and use them in this project in Little River. Mr Plummer: Alright, Mr. Mayor, I concur but I also want to put the reservat- ion in there that the reason we're tight, and we will be tight, of course, after budget. But if this proposal is revived by the Day Care Center that we reserve the right at budget time to establish the priorities of where that can be included. So what we're really talking about is taking from that fund for a period of August, September, two months, 60 days. Mrs. Gor:on. Temporary. Mr. Plummer: Yes. Mayor Ferre: As I remember Paul, Ricky, this is $15,000? Mr. Thomas: $15,333.00. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-710 A MOTION AUTHORIZING THE DIRECTOR OF FINANCE TO ALLOCATE TaZ SUM OF $15,330 TO THE EDISON LITTLE RIVER SELF HELP COM.MUNITY COUNCIL - PROJECT YOUTH. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote- AYES; Commissioner Rose Gordon Commissioner Menolo Rebos° Commissioner (Rev.) Theodore Gibson Vice Mayor J. L+ 'iwr, her, Jr, Mayor Maurine A. Ferro NOES; None, ._ • Mayor Pere: Mew Mr. Andrews or Mr. Lloyd is there any legal impediment that now that we vote oe this that he'll Come back two months from now aid you say yes, you voted for it but you forgot that you had to do thi57 There is nothing now holding this program back? Mr, 1 ibydt trio, sit The only impediment is hopefully that We den get, I've got to check whether this is the same fund that we're using and just a different allocation or a different fund. if it is the Same fund you Can do it by meditate Len end We'll try and beet it ready tonight on the City Attorney Reports. Mayor Pierre: Now what is done is dome. Mrs. Cordon: Ok, And Mr. Plufnmer's statements are gig to hold true that that ill a temporary transfer and it'll be replaced because the bay 'Cate Centers in Synwood are needed but they just haven't done anything abbot it as the Mayor has said. Mr. Andrews: AS l understand it, what you're saying is when We review the Federal Revenue Sharing Funds for the new budget that We consider it theft. Mrs. Gordon: night. JUL 31 1975 j?EMDUSTPAT I QN jj;?ERSQ NAL A PEARANCE NEW VOTING MACHINES AND PROCEDURES TO 17� IIS, JOYCE iJIEFI�ENDERFER REPLACE EXISTING ISTIt EQUIPMENT Mayor ?erre: Alright, Mrs, Dieffenderfer. Mr. Southern: Mr. Mayor, before Mrs. Dieffenderfer begins 1'd like to tell the commission that some months ago 1 watched a demonstration of this procesE and in my opinion it is a much better process than the one that we use now with vot- ing machines Mayor F'F?eee! f leight, thank yoe, s. , vet r.erey to make your pry. ,1s1" Mrs. Dieffenderfer: Mr. Mayor, members cf the commission, we are pleased to be before you today to show you the voting equipment which we anticipate will be in full use in Dade County by September 1976 and I have with me today to answer any technical questions, Mr. Harold Sarkisian who is vice president of Major Data Corporation, one of the "Godfathers" of the voting machine you see before you. Mayor Ferre: I wish you wouldn't use that word. Mrs. Dieffenderfer: Well, it is a word that has come through to me rather frequently lately. You know I've been tempted to apply it. Mr. David Leahy who is our Assistant Supervisor for Election Services, Mr. Terry Roil anci Mr. George Nouveau who are heading our ;polling place procurement which a nifty job for anyone so they have all come to assist us in the setting up of pre:.nc What I would like to do very quickly is give you some per;pect eu how we came to be approaching this equipment, what we see in it a.:id then actually go into the demonstration. In 1972 after what you may remember to be some difficulties in the election, the Board of County Commissione.-s by resolution that a committee be formed to look for improvements in the voting system and at that time declared their 2ntent co convert from the voting machines. Thxoughout 1973 and 74 this committee which was comprised of citizens appointed by the Democratic Executive Committee, the Repub.ican Executive com- mittee, the League of Women Voters and some county staff actually traveled around the country and looked at electives being run under all available voting equipment. We brought in all manufacturers, we spent two years in intensive studyin the fie.d. In January of this year we submitted to all manufacturers an R. F,1', A committee of these citizens reviewed all proposals and in March of 75 reeommeedee to the Board of County Commissioners Chat we negotiate fo- the purchase of t1is equipment, Tne contract was approved in may. The Contract calls for the purchase of 60 of these unets, It is a single unit per precinct device with an option to be exercised in November to purchase an additio,►al 470, The plan is a phased implementation which will allow us to do extensive ,education within an Increasing area of responsibility, We would hope this fall -o use the equipment in one of the municipalities havi;g an election in November. ro con- vert approximately half the precincts for the :'larch Presidential Preference Prim- ary so that by September of 76 we will be fully converted from voting me;hi.nes to this new system. Now I think the most interesting thing about the Citieen Coinn4ttee 3U1..1C+7 5 • that made the recommendation was that in every instahte that 1 know Of ih their dif tiussiof,s their primary concern was the voter, "Would this be a better system for the voter, would it be an easier system for the voter to use7". The systef is extremely simple. We are returning to a paper vallot but a paper ballot which is riot a bed sheet ballot, WA a eelumn ballot whieh we'll put ih front of yrtl in a few fninutee. It is simply a paper ballot (harked with a pencil which is by far the simplest implement that aty voter can use since almost every citizen has at sometime had a l er it in his hand; he is very comfortable with it; and it is cOUnted electronically. It is counted at the precinct dust as our voting machines ate 60 that we are maintaining the integrity of the precinct count, the kinds of guarantees against fraud which exist oh a precinct board. The ballot has remark. - able flexibility. The type size tan vary; if you have a short ballot, you want very large printing - your formatting in other words is much more open than it is. We're not constrained by a voting machine and a particular sire square so that ih fact you can determine exactly what you want your ballot to leek like in terns of size print, in terms of spacing light area. And this to us aeetns to be a tret`hendous advantage to the voter. Now the ballots we have for you today are hot ballots We set up and I say this because I am not really very fond of the configuration of this ballot hut the manufacturers simply took our 1974 ballot and created ballots for us so that we would have some opportunity to show it to you. This is exactly how the equipment will be sent to the precinct. And let us be setting this up while I finish it and you can see the sisttplicitty. One of the interesting things about this system is of courae that we will have more voting booths, more areas in which a voter may cast his ballot than we presently have on the voting machines. We are required by state law to provide one voting Machine for every 350 registered voters. We will be supplying a voting booth for every 100 registered voters in these elections which means in fact that there Will be three times as many places for a voter to vote. What is occuring in fact is that the Precinct Board is setting up your voting booth and your tabulating equipment. Now tin voter wia_1 actually vote on a paper ballot. Mr. Leahy, do we have some bai.lots we can now pass out to the commission? Now from an admin- istrative point of view one of the factors that makes this equipment desirable is that we believe it will simplify precinct procedures for our election boards. Our election boards are basically citizens who don't work and who volunteer their time at the polls. On a long election they may spend 16 or 18 hours which is a lone day for any of us. It is our best estimate that tie polls will be Fet up within about half an hour and that e Jery polling place in this county shculd close within an hour of the time the polls close with totals immediately avail- able either by transporting them directly to wherever they're being collected or by telephoning in and producing the unofficials as we do now. The egtipment, as you can see, is extremely portable. It is easy to deliver. It is sirple to repair. Now we have tremendous faith in the manufacturer of this equipment but the county has undertaken one further step and that is that we have contracted with an independent testing laboratory for new product testing on the equipment and no piece of equipment will be delivered to us which has not gone thrcugh an acceptance test by an independent engineer who will test this equipment for accuracy, fcr logic, for completeness, if you will. Perhaps Mr. Leahy could run through for you basically the precinct procedure and we would very much like to have some of you mark a couple of ball.ots,and cast them simply so you will see how the equipment functions. Mx. Davi a ..eaihy: Ok, the first thing the poll workers would do when the come ini^ :;et it up as we have, They would turn a kep to get their zero printouts. This will show that there are no votes on the device first thing in the morning. Once this tape finishes coming out which will show that there are zero tctals for all the positions voting can begin. Prior to this you cannot submit a ballot into the device. So this would happen right at seven O'clock. when a voter comes in he will first come across the demonstration table. There he will be shown the ballot; he will be shown how to mark his ballot and be shown a ballot envelope and how to insert the ballot once voted into the envelope. From there he will go to the registration table which is basically the same set up es is done now in our lolling places except that at this talbe he will now receive his ballot envelopes. From the registration table he will then go on to the ballot table. He will sign for each of his ballots," There is an additional steb which you do not have en your ballots at this time. It's a number one stub. There is a place for his signature for each of the ballots he will receive. Once he has signed for all the ballots the poll worker will initial the first Stub and the second. The reason this is done is to prevent chain balloting, it's provided for in state law with the double stub system. Once the poll worker hai..nitialed both stubs the stubs will be torn as they are now. The voter will receive the ballot with the number two stub attached. He will have his ballot enve.'opes with him and he will go into a voting booth Fimilar to the one I have in back of me, We have ordered, this is the armbooster type voting booth, Qurs will be a little bit smaller, the one we've ordered and we're not going to go for the bed sheet white,.-- JUL 3. 1 75 The voter will step in here, stark his ballot, insert the ballots in the envelope and is ready to insert his ballot into the device and have it tabulated. if you +mould like to dome down and.. No, we will have one voting booth for every 100 voters as provided by state law but thete will be only one device in each precinct sb your device will be near the exit and this is the last step the Voter does is walk over to the voting device, insert his ballot, it'e tabulated and he walks out. (inaudible question) Yes, that one to remove the stub as we'll de now. There is one ballot envelope for each ballot. The Machine will not aooept more than one ballot at a time. Mrs. Dieffenderfer One of the advantages the the eitieehe saw in this particular system is that it provides for continuous Voting. There Will obviously be a locked ballot box in the absence of electricity to keep the machine. Those totals which have already been put on the machine will be retained in the memory. Votes could be east its a sealed ballot box. No voter need ever leave because all the machines are broken which is something we hear. This would be the end of the day procedure. At 7 O'Clbck the key Will be turned in the machine and all totals accumulated dur- ing the day will be printed out. ONce the total is printed out it is impossible to insert another ballot in. It is simply a protection against stuffing the ballot box as they say. One of the things, of course, is that your absentee ballots and your ballots at the precinct are identical. You will be counting absentee ballots not by the hand count but again by the same machine. We simply Will use the same machine* feed the ballots into the machine and have the results I think a great deal faster than we've had it. Mayor Terre: May we ask you some questions? Mrs. biffenderfer: You certainly may. Mayor Fevre: Hew much is this going to cost? Mrs. Dieffenderfer: The first 60 will run somewhere about $4300 per unit. The additional 470 mill be less so the total cost of this equipment should be roughly $2,200.000 exclusive of thevoting booths and some of the auxiliary equipment. Mayer Ferre: 'lade County pays for that, right Mrs. Dieffenderfer: Yes, sir. Mayor Ferre: Now of the $2,200,000 how are we .going to pay for that? Does that come from tax moneys or is that bond money or are we...? Mrs. Dieffenderfer: It will not be bond money, it will be a combination of General Revenue and federal money that will be coming in allocated to this. Mayor 1 rre: That's my question, are we getting a federal grant for this? Mrs. Dieffenderfer: We're getting some federal money but his is not something I would speak on at length because I don't know. This was a decision by the County Manager to allocate certain funds coming to this purpose. Mayor Ferre: We don't know how much? Mrs. Dieffenderfer: I don't know but I'm sure that at the budget hearings it will come up. Mayor Ferret How about the operational expenses of this thing? How much will it cost to operate? Mrs. Dieffenderfer: It's going to cost ust about the same as your present voting machine election:. We averaged the 1974 elections and they averaged at $414,000 over three elections. We don't see any appreciable difference in cost. Mayor Ferre: Has the County Commission voted for this? Mrs. Dieffenderfer; Yes, sir, they voted three times. They voted on the recom- mendation, they voted to approve the contract and they voted once earlier on... Mayor Ferre: So in effect what you're here is just to inform us, Mrs, Pieffenderfer; It's just a performance because we are going to rec,uest eventually one of the municipalities to allow us to use this equipment, However, it WAS our feeling that no matter which municipality uses it since all voters will be going to the polls on the sane day and there is a great deal of interest in this, it will be appearing and certainly you needed it, ,JUL 31197 • Maybe rte t think City Of Hialeah fot- a Ate. bieffenderfet I air. it is a nib& Mathine but I would like to volunteer the test period. Well the City of Hialeah has already volunteered itself, MAW ?erre: Well, we are very happy to hear that and we want tb concur. Mrs, bieffenderfert We have not accepted their invitation but we haVe it at this point by resolution. Our original intent, of courte. WaS to get the eqUip= merit it hbuae to show it to all of you and then to make settle it MUM deterMin., &tient' as tb Where We oatld most effectively use it ih NoveMber so that it WOUld be A reasonable use of the equipmeht. We think it has adVantagee tb the MUhieii. pality who uses it simply beeaute there Will be at allocation of staff tie t6 this bh the first election ih terms of the trainirq of poll workers and a certain amount that the county will obviously go forward with for the first use of the equipment which will not be available later. Mayer Verret I would say that just through observatioh it looks like a scientif Jo way of doing these thitgs. 1 really don't know what the impact is going to be. As X say all the time the proof of the pie is in the eating and if it works it works. X can see a lot of problems with it becatise 1 think you'll have a lot of people confused. They won't know which side to put it in, They'll have the problem of whether to put it in the envelope and you'll have all kinds Of people and until people /et used to it I think you'll have a lot Of problems with it but that's the price of progress. Mrs. Dieffenderfer: Well, the fact is we still have problems with voting machines and with people who don't know how to use them and don't vote. So we have, as we move into a new system wherever we use it as we 'o in in March and then next Novem- ber when hopefully it will be throughout the county it appears to us that our respon- sibility is to mount an educational drive which we have never done adequately on the voting machines. I think there is no question it will be slower to begin with, people will be learning - any new process. We hope it will be an improvement and we certain- ly will be spending our time to do everything possible to get all people in this com- munity anC give them a crack at it befor2 thc-,, actually walk into the polling place which I think is critically important in implementation. Mr. Ernie Fanatto: Mr. Mayor, Mrs. Dieffenderfer, I'd like to ask approximately how long does it take to vote? Mayor Ferre: The question is does it take any longer to vote with this than with the other. Mr. Leahy: It won't take much longer at all. For one thing, by state law we are required to have one voting machine for every 350 voters. With the paper ballot we have to provide voting booths. We have to provide one voting booth for every hundred voters so more people will be able to vote at one time with this system than with the present voting machines. Mr. Fana'...tn: Wait a minute, you folks have tested this machine out. Have you tested approximately how long each to take a person to vote? That's what I want to know. Mx. Leahy: Yes, sir, we have. Mr. Fanatto: How long? Mr. Leahy: It depends on the size of the ballot and the complexity.. Mr. Fanacto; Average l Let's talk about the average. Mx, Leahy: About three or four minutes but the problem is that we have tested it with... Mayor Fcrre; Ernie, look...., I'm going to let you speak but listen,,,, Yes, j.f you'll let mew' Just listen to me for a second. Now this is a publix forum, I'm going to recognize You but I want you to keep in mind so you don't talk for half an hour that this is a City of Miami Commission Meeting, we've go., a long agenda and we're not going to decide anything on this, She's at here on a courtesy Matter, We can't Wte for or against it, Mr, Fanatto; MT, Mayor, 1 think that the people of the City of MieMi 00414 be 6 JUL 3:.1375 on record and be enlightened what this is ,, how long it is going to take and What is going on. War Parfet Co oh Ernie, but just keep ih mind that we're... Mr, panattOt How tong does it take per person/ You time pie Mrs, bieffenderfert (1NAUD1hik) INAtf61ALE CoNVEAB►TtbN Mayer ?etre: ..6 is there any further discussion On this item/ tf riot, we want to thank you, Mrs, bieffenderfer and your associates for raking this pres0 efttatioh and good luck. JUL 311975 18. DOWNTOWN CONVENTION CENTER SITE - PURCHASE FEINBERG PROPERTY DISCUSSION OF ARCHITECTURAL PROPOSALS FTC, Mayor ?erre: The next item before us, ladies and gentlemen, is Item #16 and I an going to announce at this tine that I will abstain from voting on Item 16. t would like tpe priviledge later on of explaining some of the background and history of this should I be asked. The reason, however, why I am abstaining is because my family owns property_in the immediate area and therefore, under the law I should liot and cannot vote. Now, I want to explain very carefully since 1 was very much involved in this whole process even though I disagree strongly with some of the implications and inferences in some of the media that these were secret negotiations. To me secret means one on one and since, if you want to make a strict definition of the word I certainly did not negotiate this with a television camera or with newspaper reporters in front but I cer- tainly at no time met with anybody or discussed this with anybody alone. This was a matter of con non knowledge on the part of many in the community. Now the area where I feel apologetic is with my fellow commissioners and i really have to make a statement on this, an explanation why it was necessary for me not to keep my fellow commissioners fully inforrc at the time that these discuss rnr were going on. In the first place the owner of the property, Mr. Feinberg, who is here with us today did not want at any time to reveal the price that he was willing to sell his property for and asked me not to reveal it until the process had gone far enough where even though there could be no guarantee of success at least there would be a concensus that it had a reasonable chance of being accepted to the city and to the community. Secondly, Mr. Feinberg at that time in the initiation of these conversations had a franchise from Holiday Inn. If Mr. Fein- berg, and this has become public knowledge, if the franchise would have been immediately withdrawn as I understand it. Now, as it happens the franchise was dropped anyway I think in the end of March or the beginning of April. But before that time Mr. Feinberg did not want to jeopardize what is, of course, a very valuable thing which was a Holiday Inn Franchise. Thirdly, I personally was not sure whether this was the best location and as a matter of fact, and I will sub mit for the record proof that up until June I was actually for Watson Island for the location of the convention hall and so stated at a variety of meetings around this comunity where it seemed to me that Watson Island was the most appropriate place for a convention hall. It happens that a study was made which finally con- vinced me that that would not be the location and I only changed my final opinion on this at the very end and by that I mean sometime ih the end of June or early July that this was the location. I might point out that during this whole process there was discussion at the Downtown Development Authority, with the Chamber of Commerce and with a variety of community leaders as to what would be the best location. My interest has been, is today and will always be that which is best for the City of Miami. And in that light I endeavored to proceed, and I do apolo- gize to my fellow commissioners and hope that they understand that there are some- times matters that come up that it is necessary for the mayor of the city to pro- ceed and appzoach the problem with caution. Thi:; is really what 1 was trying to do. I certainly had no intentions at any time of dealing secret. Oh, I forgot' to mention, the Manager had not decided what the position of the administrat- ion was going to be on this and I certainly did not want to precipitate anything until the Manager had taken a firm stand and the administration had really scientif- ically analyzed the location, So with that as a preamble l will then abstain from voting on Item #16 and will pass the gavel on to the Vice -Mayor, Plummer: All right. Mr. Mayor, you'll stay around in ease any guastions are to be asked? 62 JUL a.. L75 Rev. Gibson: Mrs "Vie Mayor, let the ask a question, Mr. Lloyd, I don't under' wta#itl what is go he to happe?i hoe. Do you man to tell me that the Mayor doesn't Y1ave & right to vote in thie flatter? Mr. Plutftert No, sit, because he it ari adjacent property owner within 375 feet. Mayor t'erret Let me explain exaetly why, It isn't the distance. What is in fact important here is whether or het according to etate law I stand to benefit financially from a vote that I would oast, That is the law that I ate guided by. Mow t personally do not think that the 'value of that property is going to be mere at legal 10 or 20 years from now with or without that cohventioh Center. Why' Deoaiee that piece of property in my opinion is of sufficient value and of su fieiently good location that the value is already there, My family has held that property for 15 years. So it isn't a speculative piece that we bought just to eit Oh and sell when the price got high. And what I'm telling you is the Du Pont Plata is primary property and in my opinion it is going to be valuable and high, very high regardless. Rev. Gibson: Mr, Mayor, I'm a little disturbed. I feel that the Mayor in good conscience; you see what I'm saying is what I'tn not saying. Mr. Plummer: I think we all understand. Rev. Gibson: Right. Now I believe if you did this in good conscience, and I'm sure you did and of course you're Maurice Ferre, I'm 'Theodore Gibson. 1 don't mind, it wouldn't made any difference to me. 1 believe that if we the commission believe that this in the best interest for the City of Miami... Mayor Ferre: I know what you're saying, rather. Let me reassure you and tell you that my position on t:ii_s has nothing to do with any editorials that anybody might or might not write. Ok? And let me further tell you that 1 think there is a big difference between being involved in the process and casting a vote in the end. !lbw, I'm the Mayor and I think that because I am the Mayor I must be involved in what I think is an important decision for this commission, for the cat`, And I have been involved in it, I'm not leaving the room, I'm going to stay here ene I will answer any ereetecee eeee_jibe anything that has `': What I think the distinction is, the distinction is th:.s: That last time erueee we were defining the general area and the general deal and the specifics of it as to be voted on today. I think there is a fine legal distinction even though it is a very fine line between having voted last time and voting this time. Vot- ing this time is the final vote on this matter and I think that even though I personally do not feel that I, my property or my family's property is in any way further enhanced more than what it is already I therefore but nevertheless feel that as a matter of discretion I should not cast a vote in the final deliberations of this commission. Rev. Gibson: All right, let me pursue my thinking. Ok? Whether this is the final or whether this is the beginning I have enough sense to know that if you go with me in the beginning that 1 would never get to the final unless you helped me go to the beginning. I have no doubt in my mind, Mr. Mayor, that the value of that property isn't going to increase nor decrease. !<.eei r'erre: :' feel the same way, Father, but look, let me tell you why I'm doing this from a practical point of view. This project has been sitting for 11 years and it is time for this city to move on it. Now I would not want to vote on some- thing and find that somebody could go to court. You know we've got a lot of people that do funny things around this town. This is a funny town. And all of a sudden we're going to find somebody taking this matter court on the premise that it was an illegal vote on my part and hold this thing up. And if I abstain from voting on this particular item there won't be any legal matter that could be questioned and this city can progress. Now as far as my position, heck, it couldn't be clearer. I've been involved in this e ieg - you know how I feel. I've said it publically. I've expressed it here and I've voted for it last time but now this is a very fine legal line. The legal 2.ine is this is the final vote that will decide whether or not we purchµee ehes property and I think that I am obligated to avoid a potential legal problem for the City of Miami, Mr. Plummer; Mr. Reboso has a question of the Manager. Mr. Reboso, vaul, since last meeting, July 22nd did you have any opportunity to get any appraisals of the property, Mr, Andrews; Yes, we have. We've gotten the appraisal that we said we would attempt to. get, JUL 31 1 75 Mr. Re co: What were the results on it, please? Mr. Plummer: Mr. Pabaso, if I may, I'm sure that the Manger, . , bo you have a presentation, Paul/ And you'll include that i.n there/ Let's go ahead with your preSefttatibn and then,maybe it will be encompassed. Mr. Andrewel May t suggest to the ob1 issifh that we do four things (1that I have an opportunity to explain if the commission makes the decision to purchase this property what funding would be, how you would organise the funding ads that We can progress from the purchase to the deveioptneht of the project and also, please bear with ate. I've included the funding fo the "Amer Key Auditorium if, if the City Cottttissiori should dhbose to go ahead with that Mr. PluMMer: Today? Mr. Andrews: '.Today. I've got a chart to show how that could all put together, Mr. Plummer: Excuse me, areh't we... Mte, Gordon: That's ok, ,7.Iy., let hint present the figurrs. I'd like to see them. Mr. Andrews: It's only for the purpose of telling the whole story. It is only an if and please, just to you have the information. I'M not asking you to act on it or anything but in order to put this together based on the available funds you'd know what is available. Mrs. Gordon: Certainly, we have to know exactly where we can turn for funds and how much they are. Mr. Andrews: Right, exactly. The second thing that we will do is I'll ask Mr. Crouch to explain the appraisals and the cost per square foot and the information attendant to the appraisals and then i would lice Mr. Dan Paul and the City Attorney to explain the contract for the purchase and its specific arrangement and then lastly I want to talk about the if we go ahead, if we're that far about the existing agree- ment with the Grafton firm and its complications and implications because we have to make a decision, whether we're going to (Ls ahead with those sets of pi4ns, if the commission is interested in moving ahead or start on an entirely gpw Let of plans. We have attempted through this chart to show a progression of development of the convention center, also the Dinner Key Exhibition Hall if the commission should decide to go ahead with that project to demonstrate how the funding would take place. You'll notice that we divided it up into the years and the months. The land acquisition we assume will be $4,000,000 and would take place in the next two months, concluding some time in September. With that step in place if the commission acts upon it we would then be prepared to begin moving ahead with the design phase, receive bids and enter into construction. The red figures above those bars indicate the dollars that are needed at various times to carry the proj- ect forward. also underneath the construction of the convention center bar you will notice there is an equipping. That is to equip the building. It's estimated that we will need between a million and a million and a half dollars to equip such a building when we're finished. So I included that increment too so the commission would have the benefit of understanding that we'd have to take that step. The Cinner ::ei £xhibition Hall if the commission should move ahead would be based upon a fast track construction would cost approximately 21 million dollars. The red figures at the bottom in line are the total dollar requirement for that period of time concluding with $17,000,000 expended for all of that work and puraha:,e. Under- neath in green is the actual dollars we have in hand at this time, 13.9 million. That's made up of 4.4 from Capitol Improvement Funds, unallocated 4.2 from the Covention Center G.O.D. Bonds that are left and 5.3 million from the Virginia Key Land Payment. Now, when you begin to measure other incomes that the city will receive for instance next July of 1976 we can program 1,6 million from Florida Power and Light Company Utility Franchise and a half a million dollar Dads: County Contribution because I have been informed administratively that if we can arrange the county's contribution on half a million dollar increments over a three year period that they could live with that and program that so we've done that here, so then et chi; point in time that would add 2.1 million dollars and you notice added there to the point so that that money could be counted on for construction at that point in time. That occurs Once again in 1977 wherein Dade County would make a normal payment at that time. We could borrow funds against a future Pay- ment a year later from the county from Capito1 Improvement Funds so` the f.Inds would all fall due when they're needed. Now I think this is important for the Commission to have this so if you want to plan to go ahead with the acquisition of this property you can see quite readily that 44 we progress through the design and development and equipping of the building if the funds are there and the funds are also there if the commission should decide to 90 ahead with the Pinner Kty Auditorium, Tf you don't then those moneys", 64 JUL 311 7 Mrs. i ord sip: 1 have a question of information. Iice reeeii when the deal Was made with regards tea the .3 Minim also you wets suppeeed to receive some land contribution frbn the Minty. Where are you taking that into eenei:detat oti/ Mr. Andrew: Thhat was taken into 'Coneiderat ort in the zillion and a half dollars in that the arrangement was that the eity would have a reaervatibn of 180,060 Square feat in the 00Vethtt►ent Cehter. if the GoVernMent Center Web trot to be used and this is specified in the commission's tesolutibrt, that the eeunt► would partite eipate in the atquiai titn of the site it downtown Miami or within walking distance of the shops and hbteis. The three increments of a half a milli.en doliara are phased in to give the county time to Make these payatehts. Mrs. Gordon: ...they will contribute 111 million dollars towards this four million for land acquisition. Mr. Andrews: Well eventually they would. Mrs. cordon: eventually, but it's a promissory arrangement but still theyi.e going to come in. Mr. Andrews: Yes, that's right. This is based on conversation that I've had with Mr. John McCue explaining how we were going about this and it was his request that if the Commission should go ahead with this project that this be planned in such a way that they could make payments over a three year period in half a million dollar increments. Now the 11.1 million dollars comes about in this process: The property in the government center is valued from between $6 a square foot, quite a bit of it, to an average of $12 a square foot at the high level with a few parcels where they paid $20 a square foot. We arrived by telephone at an arrangement, and this is based on Mr. McCue's knowledge - he's been intimately involved throughout the whole process of land acquisition in the Government Center - that the average is $8.00 a square foot. hatch you multiply $8.00 a square foot times 180,000 square feet it turned out to be one million, four hundred and some thousand, we rounded that out to a million and a half. Mrs. Gordon: How many square feet are we getting in this parcel, Mr. Andrews? Mr. Andrews: Approximately 220,00 square feet in both parcels. The south parcei has 179,000 square feet. Mrs. Gordon: Approximately the same amount that we would have had in the govern- ment center. Mr. Andrews: Yes, ma'am. Mrs. Gordon: Therefore, we'll have an additional approximate 40,000 square feet on the other side of the expressway. • Mr. Andrews: Yes. Mrs. Gordon: Fine, because I'm leading up to something, a good exhibition hall site. Mr. glummer: Mx. Andrews, do you have anything else or do you wish to move on to Mr. Crouch? Mr. Andrews: No, we will move on to Mr. Crouch's explanation of the appraisals that we've received. Mr. A. A, Crouch: At the City Commission's request we contacted two M.A.I. appraisers and gave appraisal assignments to them. They were Leonard A. Bisz and Slack, Slack and Roe of Miami. Both qualified and we've used them a number of times. The total appraised value arrived by the two separate and independent appraisals that were made; the Slack appraisal was $7,850,000, The Bisz appraisal was $6,400,000. I have the breakdown of the two parcels if you're interested in them from th' two appraisals but the total for what we were dealing with in this case for information the Slack put approximately 30-33 dollars per square foot value on the property. The Bisz appraiser put 25-27.50 dollars per square foot on the property and at the purchase price of $4,000,000 if you wanted to do the arithmetic to see what we are paying per square foot it would come out to be approximately $18 per square foot. Mrs, Gordon; Oo you have complete appraisals with comparables and everything in it? I recall asking you to obtain appraisals and I assured you appraisers weren't so busy these days you'd probably be able to get them and you did, JUL 311975 . Mr. Crnuoh: They responded quite readily. Mr. PluMmert Whieit appraisal was which? Which one was Slack, what figure' Mr. Crouch: Slack was $7, 350 f 000, Mt. PluMmet: Alright, Mrs Andrews, who is next? Mt. Andrews: t wanted to make some preliminary eomttents with reference to the next item which I would like to have Mrs Paul and the City Attorney advise the COMbitaion and also me so that 1 know that this one criteria is absolutely satin. fled. And that is it we enter into a purchase contract that at the titre that We are prepared to close upon this property that the City of Miami receive that prop- erty with absolutely tie entumoerantes. By encuthberandes I mean that settle arrange- ment be tttade whereby 'there is a transition in the operation of the hotel. The city is not at this time desirous to ask people to leave those living aocomodat. iena unless the coMMission should decide to remove the building almost immediately but it is my judgement that you're not going to do that and 1 would want to make dire that arrangements are made that everyone of the lease agreettients , every one of the special arrangements that are made that are contracts of any kind that have been entered into are brought to a conclusion and absolutely finder the eon- trol of the owner of the property prior to its transfer at the closing so that the city as I indicate receives this Without any encumberanees. Mr. ban Paul: Mr. Mayor, I think it would probably be better to let your own City Attorney go through the contract with you and tell you what is in it. I'm here to answer any questions and to respond to specifically what the City Manager has just said. The contract provides that we will terminate all of the existing leasa arrangements on the property prior to closing and if anybody hasn't moved out by that time that we'll establish an escrow fund for any claims that we have. But T think as Mr. Andrews said it's the city's intent to go in and make new arrangements with these people and that they probably will still remain in posession as of the date of closing pursuant to the city's own arrange- ment but not pursuant to our's. Our's will be canceled. Mr. Andrews: Yes, that would be satisflofo, ) . Os T say, it's not the c intention at tnis moment in time because of the way we'll have to go about desosn- ing and making decisions on that site to just literally move those people out bodily because we're purchasing the property.So once again I'd like to clarify so there is no misunderstanding, so that we don't get misquoted and mis-stated that it's not the city's intention,from my point of view this is up to the City Commission, to ask people who are residing there to leave that place of residence. What we are asking is merely a transition of responsibility and ownership and terminat- ion of leases so that we can write our own leases with our own conditions and hopefully get that in place even before closing would take place. Mr. Plummer: Ok. Do you concur that we go next to Mr. Lloyd? Mr. Andrews: Yes. Mr. Plummer: Fast arithmetic, and somebody correct my figures, I'm taking the two appr i:;:rs adding them together, dividing by two; the actual average is $7,17',000. Is that correct? Mr. Andrews: Yes. Mr. Lloyd: Let me briefly explain the agreement which you all have in front of you now. First, of course, the consideration is $4,000,000. That is the purchase price of the property of which $200,000 shall be paid immediately to the Southeast Banks Trust Company simply as an escrow agent. Now this, of course, is the good faith deposit. Now, of course, in the event of a wrongful refusal or default by the city :itself then of course, the purchaser could require the escrow agents to return the deposits to the purchaser and the purchaser would have the right of specific performance... And the escrow agents are instructed to`invest the deposit in accordance o'..t:: ' . ,e purchaser's instructions. New unless the deposit is forfeited by the purch -seer under the terms of agreement the interest will then be paid on to toe seller. otherwise the interest earned will be paid to the purchaser. Now that will be $200,000, will be applied, of course, as credit to the ultimate purchase price of $4,000,000. Now then the property is encumbered by some mortvges, The Granada property has two mortgages and as I understand it these two mortgages will be satisfied on or before the closing, That is correct, is it not? Mr, Paul: If you want them that way, they Can be. eta JUL 31197Z Mte. C� rrdont what are th aounte of ,., these s6 mortgages? Mr. Lioydt They're listed on page 2. "there is one, the Robert Clay property is encumbered by a mortgage in favor of the Connecticut Mutual Life insurance Company _ unapid principal $122.466.84, 'then the Towers property is encumbered by a mortgage in favor of the Miami Beath pirst National teak for *26 r 31.2 , 01. Craned& prropery two mortgagee. one in factor of lsador and Aoge prreidman, the other one in favor of Abe naut each of Which mortgagee Lae an unpaid principle as of the date hereof of $84,473. t making the total encumberance $168.047,50 and the Callao park Property has a mortgage. unpaid principle balance in the amount of that's with the First pederal Savings and Loan Association. Then parcel 14 is mortgage amount of $20,000. Theh there is a mortgage also on that property and the unpaid balance of $5,416.52. Now then one mortgage, 1 believe stud correct me if I'm wrong, Mt, Paul, the one with the First Federal Savings and Loan Association, that one does have a pre..payttent penalty clause en it which gees like this: You can only pay 20% of the balance of the mortgage at a title. So you'd have 5 years in which, and you tan pay this off in 5 years Without any paytent of penalty, Mts. Gordon: What is the ititerst on it? Mr, Lloyd: The interest is 8.75%, eight and three-quarters. The penalty to pay it off would be approximately $i'7,O0 to pay it off now. Mrs. Gordon We're not ready to start construction tomorrow, are we' Mr, Lloyd: NO, and of course, another thing, this could be subject to negotiation with First Federal as far as that goes in the event they could use the money or... Mrs. Gordon: Do you want us to discuss these things as We go along or do you want to go through the whole thing? My personal opinion is that where we're not going to make immediate use of the specific property like right now on this 471 we've got to make a design plan, etc. that we might make a partial payment that we don't have to get a penalty and you know, save every dollar we possibly can. On the Dallas Park property where you're indicating, Mr. Andrews, you don't have any intent- ion of displacing the people that means you have no intention of removing the build- ing. Mr. Andrews: Oh yes, we do. I would say subject to design and study and approval of this commission of a plan it is invisioned that this is an ideal location for a parking garage in there... I said immediately, see. So people don't have to move within the next month or so. Mrs. Gordon: Well they wouldn't anyway. Ok, how much is the interest on that mort- gage? Mr. Lloyd: That's the Dallas Park? I don't know what the interest is... Mr. Paul: Eight and three quarters. Mr. Lloyd: Well that's the First Federal one.... Mrs. Gordon: Oh, it's blanketed under the same mortgage? Oh. Mr. Lloyd: That's the one - Dallas Park property. Mr. Plummer: All right, go on to "C". Mr. Lloyd: Well, I've already said that. The balance will be paid before closing by a check drawn on a bank doing business in Dade County, Florida. Three, and within 20 days after the bid of this agreement, of course, complete abstracts and title will be delivered to the purchaser and they'll be continued up to the date that was in the agreement and the examination. And he warrants in his agree- ment here that the examination of said abstract will close good and marketable title to the seller subject to the following: current taxes, applicable zoning ordinances, the matter set forth in Exhibit "B" attached hereto. And Exhibit "B" I believe is certain restrictions. Is that correct, deed restrictions of record? Mr, Paul; That's correct, Mr, Lloyd; I wonder if you'd explain those please, Mr, Paul, Tease, Mr. Paul; Well., I don't have copies of those, Mr. Lloyd, your office has those copies. 67 Mr. Lloyd: d: Maybe t have it here. As to rate tewers property the reetridtiene recorded restricting the height of the bt;i ldttic t le be constructed ,en a 10 fait sti~ip in the Tower Pr petty and then thet << ts an easement in favor of lilts of Miami for the purpose of maintaining :old operating a 'high pressure matt% and then, of course, the Mortgage ir; favor of Miami Peach first Natiohalal bank which WO O covered. NOW as to the Grahada property the restrictions they're again affecting ... iirst I should say the original deeds contained reverter clauses but they've been released of record, Under out restrietieht affecting a 10 foot §trip of the property adjacent to the Towers Hotel, This prevent§ the erection of a building over 14 feet in height on the 10 foot strip. Then there is the mortgagee as heretofore explained. Arid then there is an easement heretofore drafted to the City of Miafli te use and ifisintain a walkway over the property adjacent to the Miami kitten As to the ballet Park property, they're subject tO oohing ordinance 7268 which is filed, of course, and that's just subject to that ordinance, That's also the toning ordinance, the 'city of Miami. Then there are certain encroachments as shown on the survey of the property and I haven't seen the survey tb know. Are the encroachments of any major factor? Mr. Paul: No. I don't have that survey, 1 don't think they are. Mr. Lloyd: Mr. Grimm would be able to answer that but as far as t know they are not. The encroachments on the Dallas Park property, Mr. Grimm, are they any major factor? No? Alright. Mr. Plummer: For the record. Mr. Grimm has indicated "no". Mr. Lloyd: And then, of course, there is the mortgage as to the parcel 14 two mortgages as aforesaid and as to the Robert Clay property mortgage in favor of the Connecticut Mutual Life Insurance Company. That appears to be the title exceptions. Mr. Andrews: Mr. Vice Mayor and members of the commission, there is one other area that I wish the commission to have full understanding of. In our further research in the time that we've had to look into this property the tentative plat that was filed to close the streets is still in that stage. In other words it has not been brought to a conclusion and the conveyance of this property we'll have to eventually take that final step and I want Yr. Crouch to explain that anc hold the map up so that you have a full understanding of what this is and what it constitutes. Mr. Crouch: Closed, but not officially closed right-of-way of S.E. 4th Street and S.E. 1st Place and I believe it's South First Court that are interior to the property that we're purchasing. The tentative plat has been submitted to offic- ially close and vacate this area and it would be, there is approximately 12,000 square feet of right-of-way that's involved in that. It's not a part of the trans- fer to us. It is in the public hands right now and would mean that the city would have to pick up the processing of platting and officially closing that right of way and it would revert to us as the private owner, abutting owner if we owned the property at that time. Mrs. Gordon: The right hand putting it in the left pocket. Mr. Lloyd: In essence that's what it is. Mr. Andrews: I wanted the city to be aware. Mr. Plummer: The city would be the owner of both sides of the property. Mr. Andrews: They are the owners of both sides now. Under our platting procedures if they had continued to develop the property and continued with the development of the plat they would have become the owners automatically of the right-of-way because they own both sides of the street, the property on both sides. So now if in acquir- ing this property we'll be put in that position we'll have the opportunity to process that. Mr. Plummer: Are there any other questions on Item 3? Mr. Andrews: Vice Mayor Plummer, it makes this difference that later on when we had acquired this property and we had to come bake end take this step there could be misunderstanding in that you were not aware that this had to be ac.ompli,shed at that time and not having those facts could have caused some problem, M. bloyd; I want to add this with regard to one of the reverter clauses there is a possibility that in spite of a release it could be enforced as a covenant, However; 68 JUL a11P75 41) the reVerter clause is against bUilding cottercial warehOUSea and decks along the Mimi Aiver so in view of the fact that the city is not intending to do that it dOeSnit Make aty diffetehte. Mrs, gordoni Commercial warehouses and docks. YOU Mean we can't put any kind of, would that prohibit us from putting any kited of marina usage if we wanted tos? Mr. Lloyd: Commercial, and I don't ... In the first place there hat been a re., lease. All I'm saying is there ie a possibility, that's all. t't not really nCerned bout it but I do waht to Mention these things s8 we understand Mrs. Gordon: /' m askihg it now so that later bh I woh't get this as an answer tO MAO perhaps seggestibh that we proceed in a certain vein. Would that pro= coa... hibit ari exhibition hall where there would perhaps storage of tote commercial merchandise of any kihd on a temporary basis? Mr. Lloyd: No. 1 invition a commercial warehouse: 1 would not think so because 1 would iriViSiOh a commercial warehouse as ate where you accept things as a bailee for hire and keep them there for a period of tite. Mrs. Gordon: Ok, I just wanted that ih the record. Thank you. Mr. Lloyd: 1 just want to make one more remark with Item 1. obviously, and this is so obvious maybe it doesn't even need mentioning but of course the seller does agree to give a good and marketable title to the purchaser and if they can't, of course, they must the deal is off otherwise. Mr. Plummer: Number four. Mr. Lloyd: Now 4 is about the leases to the Dallas Park which we've discussed previously. That will be the city's option - whether we want to keep the people there why the city will go ahead and make separate negotiations there for a specific terms but the building as I understand, Mr. Paul, can be cleared at the time of closing or very shortly thereafter if the city has the option. Mr. Paul: That's correct. Mr. Plummer: Number 5. Mr. Lloyd: Now the seller does not make any warranty or representation as to the conditions of any improvements on the property and the purchaser agrees to close this transaction with the property in the conditions which will exist on the closing date which I think we understood at the time you manifested your intent. Mrs. Gordon: It doesn't make any difference, we're not going to keep it. Mr. Lloyd: That's right, it doesn't make any difference. Same no representat- ion to the personal property which is of no matter. Mr. Plurner: Number 6. u. Lloyd: Number 6 simply mentions about the value of the property versus the selling price. Number 7 provides for the place of the closing which will be at the offices of Paul and Thomson at 10 O'Clock on the morning of September 15, 1975 unless the purchaser desires an earlier closing date at which time it can be accel- erated. It just tells what the seller will deliver to the purchaser which includes the usual things, bill of sale governing the personal property, a warranty deed, of course in recordable form, etc. and a mechanic lien affidavit, I'm sure Mrs. Gordon don't have to tell you what's on that I'm sure you know. Mr. Plummer: Item 3. Mr. Lloyd; Real estate taxes, personal property taxes, fire and extended coverage insurance plealiems, rental income and all other expenses and revenues will be pro- rated at the date of the closing. This is also routine realestate procedure. Here is one, if the 1975 tax figures are not available prorati.ons will be based on the 1974 tax figures and an appropriate adjustment will be made later when the 75 fig- ures become availalbe. It is again a matter of convenience. Now seller is aware of no certified liens on the property. However, if there are any or ally turn up they'll be discharged by the seller and pending liens if any will be assumed by the purchaser. Mr, 1.loyd; Nine is regarding to the encumberanoes on the Granada property which is the mortgages that we talked about previously and the seller if required he'll satisfy those mortgages, 9 JUL 3 11975 Mra, Gordon I have a c ueation en Mortgages just as a point of information, Are there an.., mortgages that are existing on the property that could be discounted if they're prepaid in advance? bo you know, barmy' Mt, Paul: 2 think Mr. Feinberg tali have to answer that. 1 don't think there are any discounts anymore. Mr. Lloyds Except all mortgages may be prepaid without penalty with the exception of the riret Federal Mortgage aboutwhich t have already told you. Mrs. Gordon: Yes, well we're looking the other way. Mr, Lloyd: Right, 1 understands Mr. Plummer: Number 10. Mt, Lloyd: Meat of these are 7% mortgages, by the way, and we have the option here to assume them or discharge them either way, Mrs. Gordon: Would our Moneys return us a greater amount than 7%? Mr Andrews: It could be. See, we're talking about the whole involvement of mortgages and everything and even if it's 8% the administration of that is very likely that we might earn that much money in the investments that we have cash in hand rather than... Mrs. Gordon: Which way... Are we going to make more money one way or the other? Mr. Andrews: I'm not sure but I'm saying even if it gets close, even if we make a little less money to gat all involved in the administration of those mortgages and carrying them out and so forth may not very well be worth it but we'll look into that and make a decision. Mr. Paul: You can have it either way, we don't care. Mr. Lloyd: Number 10; Sellers have to ::epre.sent that the Dallas Park p*-o;perty is covered by fire and extended insurance coverage until the date of closing. On date of closing it will be the city's responsibility. Mr. Plummer: Number 11. Mr. Lloyd: And the purchaser in (11) warrants and represents it has full and com- plete authority to enter into this agreement and close the transaction, in accord- ance with the provisions and we'll deliver certified copies of a resolution and the purchaser will deliver certified copies of a resolution of the City Commission authorizing the transaction and plus an opinion from the City Attorney of Miami that the purchaser has the full right, power and authority under its Charter and through appropriate actions taken by the City Commission. I will furnish that at the time of closing the opinion. You will in your discretion either pass or not pass the resolution today. The resolution has been prepared which you now have before you. Twelve (12) is simply where notification is to the seller and the purchaser be given. Mr. r'.ummer: Is there anything else in this agreement you feel that you should bring before the attention of the commission? Mr. Lloyd: ONe thing, as I understand it which is no particular problem and routine under the circumstances - the negotiations, I think the mortgages on Granada are a day or two past due but I'm sure that the seller will take care of that. Mr. Paul: Yes, we have an oral agreement in any case to extend that mortgage if you want it extended; we just haven't signed it pending you decide what you'd like to do on it. Mr. Loyd: Right. You see that's why there's no great problem. Mrs. Gordon: Do you buy title insurance on this, Mr, Lloyd? Mr, Lloyd; We recommend that we buy title insurance on the full amount of the property. Mrs, Gordon: not? What's what I'm asking. Was it in here, I didn't notice if it was or Mr, Lloyd; No, that's up to us, That is in the allocation authorizing the manager to purchase the proeprrty in the resolution, Let me explain about that, What is in JUL 3 . 1975 there is that in the event Of a dispute between the parties of to whether or net the title le good and marketable an authorization fr fl the iawyet's title and *uarantee Punrl that it will be sufficient. What we are proposing is that We get full title insurehde Oh the whole properties and... Mrs. Gordon; And you have it in here? I just havef't seem it. Mr. Lloyd: Well* it Jo just simply it•, the allocation, YOU Will notice that it says, "Arid authoritinq the tirettor of Finance to allocate '$4, 1b0b0 for the purchase of said property and the retessary costs and expenses incurred therewith including but hot limited to abstracting and title ins ranee from the Goiwention Center bond pund and the Virginia Xey Sale Trust Pund for that purpose. It's in the title and the body of the resolution which you will pass is that is your dit cretion. Mr. Plummer: Any other commission questions? Alright, Mr. Andrews;, do you have anything further? Mr. Lloyd: One thing I might add is that Mr. Grimm has conducted a survey of the property and this was done, of course, to deterthire that the legal description of the property is accurate for what we're getting. As 1 understand it, Mr. Grittntii that is so. Is that correct? Your opinion is that as an engineer that from the legal description and the maps you were given it checks out. Is that correct? Mr. Grimm: Yes, as long as you qualify it by that and not an actual physical survey. Mr. Lloyd: Yes, I understand. Mr. Plummer: Mr. Paul, do you have anything that you wish to add to the agreement? Mr. Paul: I think your City Attorney has explained it adequately. I have nothing to add. Mr. Plummer: Thank you, sir. Mr. Andrews, do you have anything further? Mr. Andrews: Yes, I have one more item. it's up to the commission whether you want to take this up after you make your decision on the acquisition of the prop- erty or beforehand and that is the explanation with reference to the current status of the agreement with the Grafton Firm to bring the present plans to com- pletion whether we choose to do that or not and my advice is that perhaps you should go ahead and act on this first and then I'll brief the commission on that afterward. Mrs. Gordon: I think we ought to deal with the purchase and get some claim on the title. Rev. Gibson: Mr. Vice Mayor, I think we ought to do one thing first. Let's decide if we're going to buy the land - buy it. Then what we do about design is another can of worms. I want to make sure everybody understands. The first time I spoke T was not in opposition, I just could not understand why if our Mayor neg- otiates in good faith and was honest and honorable and we feel that this is a good tni::g, why he had to exclude himself but he has explained. And I want everybody to know that when I vote I vote at no time showing or lacking confidence. I want to make sure everybody understands that because you know I think if we don't have confidence up here, man, we're in trouble. And I have implicit confidence in my man that he got us a good thing and we'd better, you know. Mr. Plummer: Ok, Father. Mr. Lloyd: What we are getting is a good and marketable title, that's what we are getting. Mrs, Gordon: And insurable, Mx. Lloyd: No, we're not but we feel it can be insurable and we'll be making arrangements on it, The agreement calls for good and and marketable title that's why 1 mention it:. Mrs, Gordon; YOU feel secure? If you fr.el secure, Mr, Attorney, I feel secure, mr. bioyd; The ac uai evidence is insurability but I wanted that,., 1 know you're rea. ;.ng me loud and clear, Mrs, Gordon, I warted that explained, JUL 1 1975 • Mrs, Gorden: That'S ok, I'M net an attorney, If yOe're saying that it sak i It ok With Me. Mt a PluMMer: Is there anyone or the public who wiSheb to discus this iteM? Throb minutes. You'll set the OlOtk, Is there anyone else that wishes to speak oft this item'? Six. Ok, We'll delegate three minutes to each of you. Is that SUrricient/ ANyorie have any ObjeCtiOn? If the six speakers will please cdthe up aftd give your name to the Manager, please, Ck, if you'll start the clOCk, each speaker is delegated three MinUtes, We'll statt with Mi, Panhatto, Mr, trnio Pannattet Honerable Mayor # Members of the atotOittion, Drnie Parmatto is my name, President of the Taxpayers teague of Miabli an a bade County and the Homestead Tax txeMption League of Dade County. I'd like to start off by saying 1 cOMMehd Mayor ?erre for taking the leadership in buying and qetting ready tO build the con- VentiOn hall downtown Miami, And I also commend the cooperation that the COmmis, sign are giving. I want to make it very clear why 1 favor a Conventilan hall down- town - It's a Must, We must have a convention hall cloWntown like Mianti Beach hat downtown in Miami Beach. We have over several hundred million dollars in taxable property downtown, large banks, hotels, BurdineIs, Richard's, 1 Cah go on and on, stores all over Hagler Street. They pay millions and millions of dollars in taxes, Now, if there is a decline in business which there appears to be now downtown, that is the yardstick to ask for a reduction in taxes. And let me tell you we don't want that because the little homeowner in this county and other businesses can't pick up the slack. I want it very clear this is not only fact but it is law when there is a decline in business that's a yardstick to ask... And that's what hundreds of millions of dollars of taxable property owners are going to do downtown if we don't seed them with a convention hall to bring a lot of tourists. I also want to make this clear. We have 70,000 people out of work here in Dade County and we have a lot of people who are on the verge c..E getting laid off and we've got to see that these people are workinq. If we get tourists, fine. If we don't we're just going to be , We can't have another New York. I certainly again want to say that Maurice Ferre without question is one of our most capable and honest Mayor and one of Dade County's most successful busines:anen. I consider two of our best businessmen in Dade County Mitchell Wolfson and Mayor Ferre and I think that he has showed the leadership and he has the honesty and the ability and with the help of the commission to give us an up to date conventica nall that will bring the merchants millions of dollars maybe and they won't ask for any decrease in taxes so the little homeowners won't have to pick up the slack and other businesses won't be affected. I just want to conclude by saying, Do it, Do it quick, don't drag your feet. It is an overdue convention hall that should have been built a few years ago. Please vote now and do it as soon as you can so as to help the economy then the 70,000 people out of work and let's keep our taxes down. Thank you. Mr. Plummer: Mr. Earl Barber. Mr. Earl Barber: Mr. Mayor and commissioners, My name is Earl Barber. I represent People's Downtown National Bank. We heartily endorse this proposal of this convent- ion hall downtown as a very needed step for the revitalization of downtown Miami. There is one more thing with a bow to my good friend, Mr. Kassewitz. We at the bank led by the chairman feel that perhaps what might be characterized as damning the fair t- praise has been the fait of Maurice Ferre. We want to add our congrat- ulations to him and to state that his activities and his leadership have been a ainlic service second to none in this community in a long time. Thank you. Mr. Plummer: Thank you, I'm going to have to pleade ignorance on the next speaker. Is it Fred Friedelle? Excuse me, sir. Mr. Fred Friedelle: Right. My name is Fred Friedelle, 1 reside here in the City of Miami. I've been living here for approximately 15 years in the city proper. I think it is a very good idea having a convention comples. However, I feel 4 acres in a city that is progressing so rapidly isn't a sufficient amount of land to really do anything with. In my travels in the confines of the City of Miami I have noticed a tract of land that is lying dormant right now which comprises almost 60 acres whic. is close and very accessible to the downtown area and that is the area between 29th Street and .36th Street northeast, N,E, 2 Avenue and N. Miami Avenue. You have access to the expressway systems, to the airports, to all the facilities and I think we could do so much more with 60 or 70 acres of land with a cultural center, with a convention complex than you can with 4) acres of land, Nov? in mq nature of business I happen to travel extensively and one of the gentlemen here remarked that a convention hall can't help the downtown area. Now I have seen due tl the shopping center facilities that are opening up in all of these major cities thal. you're going to loose this business, these retail shops, They're losing it, It is going down, yeu take the City of Taallpe, the predominating department store ma le r"ie;: :.1-(7:tth"sabQu-- as a convention hall. 1 think it is a block away, Tbey have more ;r 72 JUL 311975 Closed all of their facilities, They're just operating two floors downtown The same thing is happening it the City or Jacksonville, Now t don't know Whether the pianniiiq group, I just read about this incidentally a week ago and I really decided to become concerned about it because 1 feel that we treed a better piece of land, a larger piece of land to do something. You'll bare adequate parking and you'll have," My God, if you can get the 70 acres of land that is almost, t would say 65% of it right now is vacant, and the city went after this and tackled this project," you have t►ew hotels that are opening up on .se- ayne boulevard. The Jordan Marsh shopping center complex is going to have a 600 roam hotel, you have motels up along Biscayne Boulevard and you have hotels on Biscayne Boulevard and t really think that the planning eotnission, 1 think, this should be tabled and I think the planning Commission should go back and review the entire area again, I think there are more methods and snore ways of trying to find a piece of land that is there suitable, I just brought up this lane tract that I happen to drive by on oceasion and I think it is a beautiful piece of land, I think the City of Miami could really roll with a piece of land like this and really do something great but on 41 acres, believe Me, Virs. Gordon and the other cot► issieners, I think you're very very limited and you're paying... To me it represents and I'm just the average layman, it represents a huge sum of money, four acres of land. I feel that this land that I'tn talking about could be bought at a much more reasonable price One more thing I'd like to bring up, we have Bayfront Park convention complex, Couldn't we possibly do something with that? Couldn't we maybe tear that down and rebuild it? I think it is more accessible. It would be away from all this heavy traffic right in the immediate downtown area, parking and office complexes. Thank you. Mrs, Gordon: May I have a minute, Mr. Vice Mayor? I just want to respond to the gentleman that just spoke who I don't know and I don't know whether he knows the ownership. I believe, I preface everything with I believe; things change over;, night, belongs to the same company who it giving us a great deal of problems in trying to acquire their land on the Bay, the F.E.C. Railway, and it may be under another corporate title but at any rate that large tract of land has some eventual use if it ever gets freed out of its present ownership, I don't know. However, I want to speak to this selection of a convention site as being not only good but excellent. I think it is fantastic in fact, because of the amenities that this piece of property has that are so rare, the waterfront. I imagine it co:np)ated and I see et as a link in a chain of it fet a water transportation syst_a downtown connecting our parks system with a convention center and with our hotels and we might get cars off the street. We're going to have to go some way to get people around, we're going to get on the water and we're going to move people that way. This is a beautiful and a marvelous honestly addition and I want to see an exhibition hall included in it because a convention hall and an exhibition hall in this area is ideal and will service the population to the fullest and I also commend the Mayor for the final results. I think you negotiated a pretty good deal at almost half or the appraised value or a little bit more although I don't recommend you do it again without letting us know. Mr. Plummer: Mr. William Jacoby. Mr. William Jacoby: I wanted to stay and speak in part because I'm interested in this and part because sometimes a criticism is made that us old Grovites don't gee a damn about the rest of the community and are concerned only about the trees down here. Well, here is one :that's not. First, I think that the Mayor did an honorable thing in removing himself and abstaining from the vote. I think that when this comes out in the media immediately one of the things that Father Gibson has worried about is that some folks are going to say, "Uh huh, he did have something cooking." That may be, 1 think it will be a real minority of readers that will put that interpretation on it. I think most of the people are going to feel that this is a descent guy who did the right thing. This is a time in our country, anybody who has been reading the headlines for the last two years knows the American people want some desr.ency and openness in their government, that what he did is right in line with that and 1 commend him for it. Secondly I want to commend him for his activity as have the other speakers in securing of what I think is a fine site. The Mayor out of his own heritage, the Latin herit- age is maybe more concerned about the soul of the city than North Americans are. We norther.;. Americans I think go mostly for cheapest property values, lowest rent, lowest construction costs hut he in many of his thoughts and proclamations and mot- ions has been concerned for the health, the heart of the City of Miami. t think that this convention site will help to ;•eep life infused and growing into what is at the moment a rather precarious situation, We need to have a city that is vital at its core. I think this convention site will provide that and in rexard to the area the 44,1 acres whether it is adeguatt, many of the business associations and professional societies and scientific a:sociarions that are looking for a location for their annual convention are not really looking for accomodations for four and. six thousand conventioneers, They're .1,,oxing for acdomodations for 250, 500, 1000 — JUL 31 maybe. Thi§ site will admirably aerVe that kind of thing and I don't think it rubes ouc at the po§sibility that Miami may lead the way in Seat few years to COMO for larger site for major societies like American Heart or whoever, tut at the Mothetit WG have a chance to do something positive and vital and 1Cah bay that I've talked to many of the other people who are active dawn here in the drove in community affairs and there is a, t can't aay that I'm speaking for the various Grave ababdiations, but t've heard murmuring§ of assent and pleasure that this is going to be a good thing for the city. Letis go. Mr, Plummer: Thank you, Mr. Jacoby, Mt, Perry costello, a Mr. Petry Cestello: My name is Perry Costello and t would just like to say t know we're going to build a convention center and I think downtown it the plate for it but I sh againtt this area mainly because of the cost of $4400,000. Taxes continue to increase and I think $4,0co,000 is too much for this property singe Bayfrott Park is s6 close to the same area where We oould build it at either the bandshell site or the present exhibition hall site and save ourselves $4000,000, Thank you. Mr. Bruce Collins: Comnissiofter Gordon, gentlemen of the commission, my name is Bruce Collins, business address 100 N,W, 37th Avenue, Miehi. I speak for the firth Of on behalf of the Miami diatrict council Of the tnited Brotherhood of Carpenters and Joiners, AFL-CIO. Please don't be alarmed, the rest of my reMarks are brief. Shelter construction is virtually dead in the water in South Florida. The expeditious erection of the proposed convention hall will stimulate construction and ancillary business activity ih the downtown area includ- ing, we hope, new hotel accomodations which are urgently needed, Business visitor dollars are increasingly vital to our economic health in Miami. Therefore, the carpenter's union strongly supports the acquisition and the development of the site on the fast track basis because it will aid the economy in general and hope- fully, Mr. Andrews, the 4000 out of work union carpenters. Thank you. Mr. Lucius Williams: Mr. Vice Mayor and Commission, I just want to use this, another opportunity to encelurage you to take this affirmative action today. To my knowledge we have been talking about this for over 10 years, we've had six or seven site selection committees. To my own atain most of those com- mittees considered this site. The only reason it was not then selected is that we did not have a magnanimous donor like Mr. Feinberg who could have given it to us or given us a good reasonable buy on it. For the gentleman who talks about out downtown not having shopping to support this, let me assure him that we have more shopping in downtown Miami today than we had 10 years ago. We haven't had a vacancy on Fiagler Street in over 7 years. There have been some transfers but there has not been any vacancies and we have the facilities to utilize this and I just want to join with the others in congratulating Mayor Ferre in putting this together and certain Mr. Feinberg's generosity in making possible for us to do it and most of all the City Manager for putting the financial package together that makes this an implementation factor. This is a real possibility if we can make this great step forward today. Thank you. Mr. Plummer: My list shows that concludes the speakers. Is that correct? Ok, we'll now go back to the commission, Mrs. Gordon for a motion. nrs. Gordon: It was with a great deal of pleasure that I have the opportunity to be sitting on the City of Miami Commission at a time when we are really mak- ing history where we are really moving forward. We are doing things, we aren't just talking and with that, I would like to say I move the motion that we go into the contract, the agreement and the resolution that has to be passed is the resolution authorizing the City Manager of the City of Miami to enter into the agreement attached hereto and made a part hereof for the purchase of certain realy property in the downtown area of the City of Miami from the Feinberg fam- ily for the purchase price of $4,000,000 and authorizing the Director of Finance to allocate $4,010,000 for the purchase of said property and the necessary costs and expenses incurred therewith including but not limited to abstracting and title insurance from the Convention Center Bond Fund and the Virginia Key Sale Trust Fund 1 so move. JUL 31, tc,Y75 The Toll awing resolution Was introduced by CoallAiseibnrr Gtii don, who Moved its adoption: RESOLUTtO% NO, ,S-'11 A RESOLUTION At/MR=1NC At CITY MANAGl:tt Off' THE CITY O MIAMt TO ENTER INTO THE AGREEMENT ATTACHED HERETO ANb NAM A PART HEREOF', POR THE PURCHASE OP CERTAIN REAL PROPERTY tN THE bOWNTOWN AREA OP THE CITY oP MtAMI FROM THt f'EtNSERG PAMttY, POR THE PURCHASE I'itt oP $40000,06o ANb AUTHORIZ- ING THE DIRtCTOR OP PINANut TO AtIOCATt S4,010400 POR THE PURCHASE Oir SAIb PROPERTY AND THE IOCESSARY COATS ANb EX� PENES tNCURX b THEREWITH, INCLObttlO am NOT LYMtt b TO ASSTRAC'l'rNG At1b Tint INsuRANCt PROM THE CONVENTION CENTER lONb FUND AND THE VIRGINIA I(EY SALE TROST FUND: (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Con tmissioner Reboso, the resolution was 'meted and adopted by the following vote AYES: Commissioner Reboso Commissioner Gibson Commissioner Gordon Commissioner Plummer. NOES: None. ASSENT: None. ABSTAINING: Mayor Maurice A. Ferre. Mr. Plummer: Before voting, let me states that an far as one commissioner is concerned, Mr. Mayor, you owe me no apology. What) I was asked was I surprised at the negotiations I said, "Yes" and my answer is still the same, pleasantly surprised that the City of Miami, it's people will become the owners of a 7.125 malion dollar piece of property for $4,000,000 for its expansion or for its convention center. vote Yes. Mr. Lloyd: Mr. Mayor, now that you're back as chairman chairing the meeting again, may I suggest that the commission might want to encourage the signing of the agreement immediately which we have in final form here. Mr. Andrews is here, the Clerk is here to attest it and Mr. Feinberg is here, all parties are here. Mrs. Cordon: Do you need a motion to that affect? Mr. Lloyd: No, you don't .need a motion to that affect, you've authorized it; it is perfectly legal. Mayor Ferre: Alright, well I've got a little talking to do so while I talk you can sign and we won't waste any time. Now, ladies and gentlemen, I'd like to take it as a matter of personal priviledge to address, and I apologize for tak- ing so much of your valuable time but i hope this won't take more than just a `-.w r,inutes. Since there have been kind of strong and bitter remarks made about all of this on the part of some people that don't seem to be present today I'd like to just for the record and on the record go over this a little bit so that it is clearly understood. First of all before doing that I want to thank Mr. Fan- natto, Mr. Barber, Mr. Jacoby, all of the gentlemen that were so kind in their words towards my actior. on this matter. I think it is important that I trace the history of this so that we have this clearly on the record. I first heard of this property being for sale from Mr. Jim Billings who called me on the phone and informed me the property was available and that he would like to discuss it with me. I subsequently talked to Mr. Billings and then I talked to Dan Paul, the attorney for Mr. Feinberg. In the meantime I had requested Mr. Lucius Williams of the Downtown Development Authority to talk to Mr. Feinberg and find out, verify whether thi ;vaa really the fact, this was before I had talked to Mr. Paul, and then after I talked to Lucius Williams and he in turn talked to Mr. Feinberg Mr, Paulcalled me which was the first time I ever talked to him about it. I didn't know he was the attorney on record. We met a,nd discussed the matter. Two things were told to me (1) was the price which at that time was $35 a square foot, The second thing that was told to me was that this could not be discussed openly because the Holiday Inn Franchise that they had would be jeopardized. I called up Mr. Paul Andrews and discussed with him the possibility of the City of Miami enter- ing into negotiation, Mr, Andrews thought tha this offered some exciting possibil- ities. He was traveling under the mandate of the commission to look for alternate - ,JUL 3I 1375 i sites. The ooTYnissien had so ntandeted the Manager and you have a copy of the resolution somewhere around here that specifically referred to that, NtW, some weeks ;passed and maybe a month and 1 it talking to Mr. Paul again who said that Mr. Peinberg Was getting anxious set up a meeting of! April 21st which is the first time had ever let Mr. Peinber-g and was the only time that t i ve talked to him, We had a luttohoen at the Cc luftlbut Hotel. Present were, Mr. Peinberg, Mr, Hiililgs, Paul, Mr. Andrews and thyself and we discussed at length, not only the pride but the possibilities of deferred payment, leasing of the property, all of the varitiea of things that we thought were important in cohsiderat of for the benefit of the City of Miami. t want to mention that ih the meantime, 1 want to say this on the record, that at least twice and maybe three times at the Downtown Development Authority which 1 think is a proper body for public discussion, 1 diaoussed the °einberg property. Mow if the 1teMbers of the press did net cover it that is the problem of the press and hot the problem of Maurice Ferre or the Downtown Develop- ment Authority. The Downtown Development Meetings are public meetings, they are open to the press. If they are not covered that is not Tny concerts. NOW 1 asked Mr. Lucius Willitnas exactly and Mr. Bill Wolfarth, the distinguished former Mayor of the City of Miami and I don't know whether he's still in the audience or not but I asked him and Bill Wolfarth told me that it could have been maybe as many as three times that this thing was discussed at the Downtown bevelopmeit Authority in separate meetings definitely the first one being in January subsequent to my first discussion with Mr. Billings. Now, I further discussed this at a series of meetings that were held, one of them specifically was a meeting before the Downtown Action Committee for the Chamber of Commerce where there were over 30 people present. 2 also discussed it on the following dates with various members of the community including Zr..Harry Hood Bassett, Mr. Alvah Chapman, Mr. Hank Meyer, Mr. Chuck Codd, the President of Arvida to mention but a few. February 21st, February 19th, March 27th, May 5th which was the Downtown Ideas Meeting which Mr. Marty Tine was at. There were at least 15 community leaders present at that meeting where this Matter was discussed. Mr. Lester Freeman of the Chamber of Commerce, Mr, Maurice Alpert, Mr. Mitchell Wolfson, Mr. Bill Colson, Mr. James Brown, President of Southern Bell Telephone Company. I would like to lastly say that this matter was held up for the following reasons I have not discussed before this time publically. I had a meeting with Mr. Maurice D. Alpert, the President of International City Corporat- ion who is developing the Omni Project. At that meeting Mr. Alpert recommended to me the proper site for the convention, the proper location for a coaveetizn site would be ir. Watson Island. He had very convincing arguments. To me I have always been a rpoponent that even though I'm an advocate of leaving all the bayfront area now as green as possible even though I want people use it ought to be,open green space; that the Watson Island location offers a magnificent opportunity for some kind of people magnet type of development. And this convention site was not conceived as a convention site and I want it because this leads into what I think the design should be on this. It was going to be a conference center where we were going to hold multi -national type of things where we could attract the Brazilian doctors tc come here and have their medical convention and have simultaneous trans- lations and a very exciting type of a project of that nature. Now there was a meeting attended and at that meeting, again in the Columbus Hotel where the Chamber of Commerce was involved, the concept was and Mr. Paul Andrews was there also be- sides myself that this should be studied. Mr. Andrews and I specifically stated on the record, and I want to say it again here that we could not involve ourselves in a di;.e:euion of this nature that involved city property without first discussing it with the commission so that if these people were acting they were acting as free agents and individuals and citizens and they were on their own. They were, of course, entitled to do that. Subsequent to that a study was made by the firm of Hammer, Seiler, Geurge Associates, economic consultants, 230 Peach Street in Atlanta, Georgia. That report was not forthcoming until the 9th day of July. In that report the con- clusion is strongly that Watson Island is not the location for a convention center. And the concluding, I am not going to make this a matter c'f the record because it is a private document and given to me in that sense that the city did not pay for this and I do not feel at liberty to release this even though I have requested per- mission to read the basic or the final and strong sedence which concludes as this: On balance the disadvantages associated with a general purpose convention center on Watson Island outweigh the assets of an island location, I received that on, the 16th day of July. It was mailed f:on Atlanta, Georgia on the 14th day of July. I dis- cussed this Fatter over the phone with Mr. Alpert and he told me that he could not any longer espouse the idea of having a convention center on Watson Island. AT that point I also talked to Mr. Chuck Cobb who is involved in this whole process, And by the way, this study was not paid for by the city of Miami; it was paid for by the Arvida Corporation, aurdines, Southeast Bank and the Miami Herald publishing Company. Now once this study was released to me so that I could study it and I dis.- cussed it with Mr, Chuck Cobb he told me that that W4s conclusive in h=•s opinion, This is why I waited so long to bring this to the counisSion. Now in the meantime Mr, Paul had called me and told me that three months had gone by, it was April. 21st, May had gone by, June had gone by and we were into July and on the'2ist day of July it would be three months, This was the second week of July and MI, Paul told me JUL 31175 that the fawner Of the property, Mr. Feinberg would net wair much ringer and as the delhaet uehet of that t told Mr. Andrews who during this very saute tithe had gone ahead With his staff and I think Mr. CtteUth was the head of that effort to restudy and study all possible locations, About the third week of July Mtn. Andrews reported to Me that he wat; ready and he had made his conelusibhs separate to this 1 had not tbit him about this conclusion. This study had nothing to de with the adtid.histrat1 ;ton' a conclusions, sions, Mr. Andrews then told the and reported tie Me that in hie opinion there was he redestieh that this was the best iodation for the eenvar tion site. 1 at that MOMeht, Which 1 would guess would have been some tithe in the third week of July car 1 think that must have been on the llth (it couldn't have been because 1 received this report on about the ,nth) i think that Mr. Andrews told ttte thie sometime around Friday the llth or Monday or sottetime ih that time and t asked him to put it tin the agenda for the first tweeting in July which was the i'ith, Now 1 had gotten a phone call previous to the mailing of this thing giving tie the behelua» ion. This is how the dates coincide. Based on this report, based oh Mr. A idrewe' conclusion 1 asked that it be scheduled on the 17th. And that, ladies and gentlemen, ie the history, the full history and I'm perfectly willing to answers` any questions oh this item that anybody might have. Mr. Plummer: Mr. Mayor, as I announced to you earlier, due to circumstances beyond my control I am going to have to leave and _I. will, of course, froth this point on listen to the tape. Mayor Ferret One thing before you leave, very quickly. We left the matter and now you voted, I diea't vote but now I'm back into the fold. Now, I personally think that it is absolutely essential that we move. You know this city has a tendency to stagnate on things because we take too long to study. And I'm going to bring Mr. Bill O'Leary in in about 5 minutes after this item because I ran into hit last night and I chewed him out royally hecaz.se it was 6 months ago when we asked this man to finish this little dinky eini-dark and it is 6 months and he hasn't done anything on it and I really chewed him out on it. He said, "Well, it's not all my fault." But he's been sitting on this thing for :six months yes he has, this thing came up in January. Yes, sir. Now he may have taken three months to negotiate this contract but I can tell you that we voted on this thing in January of this year and that's s.ie months and that's a dinky litr.i.e contract. I said, "Weil, why eren't you ready?" end he said, "Well, ae• " ee ;m to come dot he, discuss this matter but before we getto that we have a tendency to bog down and take forever to do things around this town. I'm not just talking about the City of Miami. And I think it is absolutely essential that we move with vigor and post- haste into this thing because I'd like to see this thing under construction in six months. And if that means fast -track, let's fast -track. And if that means that we're going to deal with architects that are now under contract, Pancoast, Ferrindino and Grafton that's who I think we ought to deal with. I want to announce into the record I have not discussed this with Pancoast, Ferrindino and Grafton, it is not in any way a prearranged or preconceived or pre -anything. As far as I'm concerned I think that these people are under financial obligation to finish off some kind of a design and that's a wedge that we have and I think we ought to use whatever pres- sure we can to get them to finish that design and upgrade and fit it if we can into this project before we go out and start having en architectural competition or any- thing else that's goig to take two yeare or a year under AIA rules to get finalized and cos e7e0,OOO. I want to see, and this is just one voice here, I'd like to see this under cee struction in six months if possible. Now that's just my personal opinion. Mr. Andrews: You recognize from the description I've given the City Commission with reference to the Grafton agreement :which concludes on, and there is some debate on the actual date, the llth or the 26th of August; and I have a letter that I received from them to extend that period of time until approximately the 26th of September. Now Mx. Lloyd wilihave to comment on that matter of the extension of that agreement to give us time to determine what should be done, what can be done with the existing contract. And, Mr. Mayor and members of the commission, I want to tell you right at this point from my knowledge of the status of those plans I'm skeptical that that's going to work out like we would like it to work out. Mayor Fer;t:: ok, I read you let we've got to try and I want you to builf a bonfire under that guv. Mr. Andrews; Yes, but I'm very skeptical at this point that that is going to work out and it may cause us a little more time to go through the whole process again but if we're going to e. o this, we've gone at it the way we hsve,.. Mrs, Gordon: .,. Yes. bet Pancoast is a different firm, I have nothing against either one, I'm just saying they're not the same. JUL 31.675 11/ Mayor Perrot Whether fester Pancoast left of not that's got nothing to do with it. The fact is that We put in $2 t iOOO, it's been spent. That to the means ae'Ve gbt a whip over thea& guys and W6 ought to use it as far as pugs ible. t4isw if it doesn't work and we can't fit that into this er we can't COMO up with a good deal for the City bf Miami then wtive got &nether store I'm not going for any ediMpet. itir n, This vote will not be for that. Mr tslummert set to understated its Mr. Mayor, so that we can all be aware of eitat:tly what we're looking at. You have the option to extend to the 20 something of September. Mow I would suggest that you furnish us a paper 'outlining all the particulars So that we can take action one of those first meetings its 'September and then we can snake a determination. but right now I would like to know exactly where we stand. Mt. Andrews: I planned to go further than that at the first meeting in September I Was proposing to G me back with all of the information to that you could hake a decision. tire. Gordon: t haven't the vaguest idea at this moment what those plans that Mir. Andrews is talking about contain and I'm not about ready to buy a eat in a bag. So I'm not saying I'M opposed to it but I'm not saying rim going to go with it until I have full information about what it's all about. Don't ask me to Vote on it. Mr. Plummer. alright, so we'll vote on it in the first week of September. Mr. Andrews: There is no need to vote at this stage. It's so the commission is aware of what is going on so that I can bring this back for them in tittle so we don't bridge our agreement if the commission wishes to go with the finishing of those plans. Mayor Ferre: I don't want to rub salt into the wound but I'm going to tell you that I would like to make a position and I will pass the gavel on to the Vice Mayor and I want to make a motion at this point so that there is no question about who is making the motion - his name is Maurice Ferre. I'm making a motion that we ro on record that we're not going to go to any architectural competition. I'm making a :action now... Mr. Plummer: Please, he has the right to make a motion. Mayor Ferre: Alright, not if it doesn't pass that's fine. Now I'm making a motion that we not go to architectural competition, that we give a vote of con- fidence to the Manager to try to finalize a good deal for the City of Miami with the present people under contract and come back to us for a final vote and tell us what you're going to do and what it is. If that doesn't work then I want you to recommend three architects like you've done in the past and thiscommission will do like we've done in the past, we're going to select an architectural firm. The last time we did it for a major project was with Pancoast and Associates, and I'm going to tell you that's a beautiful building. Mrs. Gordon: We had three at that time too, Maurice. Mr Plummer: Wait a minute, wait a minute, Mrs. Gordon... Mrs. Gordon: And before you get a second I want to... Mr. Plummer: You can't discuss it until we get a second. Now is there a second? Seconded by Commissioner Reboso. Mrs. Gordon. Mrs. Gordon: I wanted to say exactly what I said before. I don't want to be pressured and I don't want to be pushed against the wall to make any determinat- ions on something I know nothing about and I don't want to say I'm not going to have a competition or I'm not going to say I am going to have one. At this point in time, Maurice, I think that it isn't really fair for you to pressure us that way and I feel th pressure, Mr. Plummer; Ok, any other discussion? Mayor Ferre; Yes, because I might withdraw it. Let me make sure that we under- stand what it is that I'm saying. Mrs. Gordan; understand you, Mayor Ferre; I'M not saying? Rose, that we have to accept Ferrindino, Grafton, $pil.lie and aurnhaan. I'm not saying that. I'm saying that 1 want the Manager to JUL 3119 5 have the freedom to try to tyegotiate the best deal he tan for us with them, if that isn't acceptable to us all I'm stating is a matter of philosophy on this eamminion that we're hot going to take the tide to go to eh architectural oorpetit' it'll) that this COMMiSbieh at the proper time will select from the three that the Manager will bring to us for selection an architectural first to do the job, Mra. Cordon: 1 never want anyone to say that my vote negatively to this Metier if any reflection oh the firm ih question who I respect greatly for their ability find for them reputation but 1 do net believe that a Motion is in order on this subject at this tittle and 1 believe the Manager has every authority to do what he's tlbitlg without this slot on being placed on the table. And again I reiterate it is uncalled for, it is a pressure Totieh, I don't Wart to be pressured and I'm going 'Lb vote against it fot that reason. Mayor ?erre: I watt to ask Paul his opinion. Mr. Andrews: I believe that I should receive some consideration, sotfle direction from the commission and the reason for that is that this is a complicated under- taking because the plans are partly finished. It does not include foundation and site work and there is money yet to be spent on this set of plans and I think it is proper to exhaust that area to make sure that we haven't set aside the value that we put in these plans. We mustn't forget, I know the commission hasn't for- gotten this but it should get in the public record. We spent $255,000 on this set of plans. Mrs. Gordon: Mr. Andrews, I understand all of thatl I realize that and this matter that is coming up today is for the purchase of the property. The property is just being purchaser], it is going to take time to close it and you have every authority to investigate, every authority to investigate all aspects of that previous set of plans. In fact, if you had had that information today perhaps we would have been able to go further with it. But I am asking you again, my fellow commissioners, not to have a vote that is not a unanimous vote in a situation that has been as good as this one has been to this moment. Rev. Gibson: Mr. Vice Mayor, Mr. Andrew:,, you talk about ... Mr. Andrews, what disturbs -me about what we're about to do is, atd I think what Mrs. Gordon is :7: y- ing - what she's afraid of is what she isn't saying. if we have already invested $250,000 or thereabouts where were those plans being drawn for? What location, spot, land? Mr. Andrews: Where the bandshell is now located in Bayfront Park. Rev. Gibson: Well, what Mrs. Gordon is saying is whether or not, she questions whether or not those plans can be adapted to - that's what she's saying. Mr. Andrews: I do too. Mayor Ferre: I didn't want to say... Mr. Plummer: Mr. Reboso. ... Would you bow to the Mayor? Mr. Ferre. Mayor Ferre: I was hoping to avoid getting into all of this but what this in affect... I was hoping to avoid getting into this but here is what this means. There's no way that those plans can be transferred. I know that. There is no way. I've looked at them. I know because these plans are available. Mrs. Gordon: I wish they were... Mayor Ferre: THey are available. They belong to the public, the City of Miami. You can any time you want just ask Vince Grimm for them and he'll bring them to your office. Mrs. Gordon; Maurice, you're not getting my point. - Mayor Ferre: Yes, but I want you to listen to mine because I haven't finished. Those Leans are not transferrable. I know that, NOw let me finish. But, and here is the but, these guys made a tacticle error. They signed a contract and that contract said that they would extend until August 12th that they would for $58,000 they would finish those drawings. Now there ain't no way in :he world for $58,000 they can finish those drawings. Now all I'm thinking of.., YOU know 'm sorry, I think like a businessman and I'm just trying to figure Qua: that if maybe we could pressure these guys a little bit for $58,000 we might get Qur- selves a brand new set of drawings for a brand new building, WL 3 197 Mrc. dOrdti t I don't Want to take anybody through a hoop. Mr. I b' 3t5; Mrs Viee,Mayor ► 4 agree with what Cot t tissio ier Gordon is sayings I think tho City Manager should report to us it September 4th with three names and than we sh sold... Mayor Perret Alright, them t withdraw my motion and make another Motion that the Manager by the first Meeting of September come to us with three architectural firms to dc, the drawing, that we Select one of then Mrs. Gordon: Yes, that's ok, or any other tecotnThendation he Tight sole up With, Mayor Ferre: I would accept that as an amendment. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 75-712 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER, AT THE 't1tST MEETING IN SEPTEMBER, TO SUBMIT NAMES OF THREE A HI., TECTUP.iL FIRMS FOR THE COMMXSSION TO CONSIDER AND SELECT ONE EUR TFiE DESIGN OF THE NEW DOWNTOWN CONVENTION CENTER. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote- AYES: Commissioner Rose Gordon Comissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor t L. Plummer, .Jr. Mayor Maurice A. Ferre NOES: Done. JUL 31 1975 19, INVESTIGATE FEASIBILITY OF MOVINC CITY OFFICES TO GUSMAN HALL BUILDING Mrs. Gordon: Maurice, may I bring something up? It will take very quick because Mr. Plummer is going to leave and I want him to hear what I'm going to say. We are going to be taking up an item later with regard to the gift that was given to us by Mr. Gusman and we are going to take an action which will set up the manage- ment of that property. Prior to us taking that action I_ want to put this on the table for you to hear. Maurice, I want you to hear it, you're probably the most affected by all of this. The office building portion of the Gusman property con- tains approximately close to 40,000 square feet of office space some of which is leased and some of which is vacant, some of which are on short term leases - most of them are rented at a rate of slightly less than $5.00 a square foot per year. I bring this to your attention because there is a thought that perhaps we ought start that move to downtown with the City Hall and that perhaps this is your area to begin at least a temporary location of the most important portions of the City Hall operat- ion which is the Commission, the Manager and the auditorium there, the Gusman Hall could m the commission day. It is a very nice hearing room. So I bring this L, the table for your consideration and I know we cannot move all our offices there because there isn't enough room in that building. for the amount of space that the City Hall occupies here in this complex but there are certain portions of our city operation that could move with us and be housed in that building and whether or not that action could be taken if it is under the authority of the Off -Street Parking Authority. 2 don't know, and maybe it could but this is a very, it would be a giant step forward in starting everything downtown, bringing people downtown not just for the convention center and hopefully an exhibition hall but also for commission that the people can get to from all over the City of Miami very easily very accessibly. So I would direct you, Mr. Manager, by way of a motion to investi- gate the feasibility of this move from this area and this would then make available for the Dinner Key Plan the evacuation of this building to conform to the Dinner Key Plan. So I w::uid so move that you investigate. The motion is a broad motion just for investigation, Maurice. Mayor Ferre: Now Rose, I want to make sure we understand that this even though, oh, we haven't announced it, on Friday we close everything and it's ou:- property then, l forgot to announce that this morning, I'm sorry. It is my pleasure to announce that Friday at the capable hands of John Lloyd and Mr. Gusman': attorney_ everything was hammered out and we ended up with a title to the property and it has been duly recorded so it's ours. But in the title is a provision, The provis- ion says that this property is to be run by the off -Street Parking Authority. So we cannot do anything, and that was the deal, M. Gusman said for those of you who might he like that Mr, Woman said, "I wi11 give it to the city but ah authority tot run it. And if you desn't want eh authority you don't ilet the building," That wad the choice. Mt GOraoht I'M not a lawyer Mituriee, but t could ask a lawyer it th&t would preclude the idea that we have it mind1 doe't think it Weld. Mayor Perm if the Off -Street Larking Authority it against it then it would. Mks. Gerdeh: Yes, well they are subject to what? They're still under the city, they're het a separate government. Mayor Ferre: They're a semi-aUtonoteus unit. Mrs. Gordon: I 'K.now bat still t Mean the motion is f'or you, Mt, Manager to investi- gate. Ok? Mayor Ferre: z'm all for it, I'll second that motion. The following motion was introduced by commissioner Gordon, who Moved its adoption: MOT/ON NO. 75-713 A MOTION REQUESTING THE CITY MANAGER TO STUD, THE FEASIB/LITY OP MOVING SOME CITY OFFICES TO THE DOWNTOWN OLYMP/A BUILDING AND TO REPORT HIS FINDINGS TO THE COMMISION. Upon being seconded by mayor Ferre, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. 7eneer Maurice A. Ferre NOES: None. JUL 3flJTh ACCEPT PRELIMINARY 46 WEST FLAGLER STREET MINI -PARK 20, LANDSCAPE PLANS mayor Perre: I want to preface this by telling the commission that last night at a dinner I ran into Bill O'Leary and got very upset with him because he's been sitting on this thing for six months... Well, that's the way I see it, you convince me differently. He was told to get going with this thing six months ago and I want to know why it's taken him to July to finish this design. Now don't put it here, put it where people can see it. This is that little mini -park next to Flagler Center. Dan Paul is going to ask you some questions so you'd better talk straight. He wants to know why there isn't any water there and z want to know that too. Mrs. Gordon: What kind of water are you talking about, a fountain? P.:. Bill O'Leary Mr. Mayor and commissioners, my name is Bill O'Leary. I'm a landscape architect and we do have water and you kind of hurt me when you called it a dinky little park because it's going to be... Mayor Ferre: No, I mean a small... You know what I mean. Mr. O'Leary: I know what you mean. But it is going to be a very viable happening place and it's going to be a little island of green and a place where you can sit in a highly urbanized area as we all know. As you probably know the area is 35X120 feet in depth. ... Nothing to do with the shape of the property but our concept is that we really create a fecal point and an access that will attract people into this area and that we do it with a rather sizeable waterfall. Mayor Ferre; Oh, then there is water there. Mr, O'Leary: There is water, a rather sizeable waterfall approximately 20 feet in neight on the south side of this park which would be the north wall of the parking garage that is directly behind us. This would be the parking garage, ,:his is Flagler Street. Mayer Ferre: Is there a wall there now, Bill? Is that it? I see, JUL 3 1 1975 M. O'Leary: we're surrounded by three structures. On the north tide you've got the very tall tevits building, Or the south side you've grit a parking gar.. age that would probably be about three stories high acid than Ohl the west side you've got a one story shoe store. Our concept is that this would be an area that could be used not only by the secretary who has brought her lunch and would like a place to sit down and buy a cold dritrk ih stae shade and have her lunol% but it is also desighed for the retiree who'd like to go in there during the day of the evening and play a game of theokers or play a game of cards. 'We're going to have... Mayor Ferret bill, tan t interrupt you and ask questions as we go alohr? D0 you have tables? Mr. O'Leary: Yes, we do, We have seating for approximrately 140 to Ito people in this area. Mayor Ferret 'They're fixed so somebody can't go and steal them or s0tnetiing? Air. O'Leary: No► they're trot fixed, We are going to have fixed seating in the way of a lot of planter benches but these are going to be movable tables and chairs. tt will be the responsibility of the concessionaire to make sure that those tables and chairs stay where they are and we're reconunendint that so that we can really change the configuration of this area from time to tine and add to it. Mayor Ferre: You don't think people will steal those things? Mr. O'Leary: I don't think so, not with the concessionaire in that area. Mr. Lucius Williams: L'specially if they belong to the concessionaire. Mr. O'Leary: Right. Not only that he's going to pay for them so it would behoove him to keep tabs cn them. N;'or Ferre: Now what does the concessionaire sell? Hot dogs and beer and wine? Mr. O'Leary: Oh no. He's going to sell cold drinks, no bottles or cans. He's going to sell popcorn, peanuts. He may sell some fast food; a little radar range where you might get a hot dog. But you're not going to get a major meal in this area. What we are providing the concessionaire is a basic shell and he will include the components that he feels are essential. Mayor Ferre: Bill, we're late, can we cut through? How much money is it going to cost? Mr. O'Leary: We have budgeted $90,000 and that's what we've designed it for. Mayor Ferre: Do you think you can get it for that? Mr. O'Leary: Yes, sir. Mrs. Gordon: What are you going to put on the walls, Bill? Mr. O'Leary: Well, we'd like to encourage some ivy and really fertilize it but they're not our walls, Mrs. Gordon: Can we get permission to paint them or put some decorative... Mr. O'Leary: Well, I'd like to encourage some vines to grow up that wall. Mayor Ferre: Well, I think it is important that we get permission to do that so that this thing will be a green haven. Mr. O'Leary: Exactly. We're also putting in some very sizeable trees, 20-24 foot trees so is uinthizes the impact of the very large building, You're under the can- opy of a tree which is more in scale with the pedestrian. Mayor Ferre: Is that part of the price? Mr. O'LLeary; Yes, it is. Mayor Ferre; How about kids that want to jump into that water, what are you going to do about avoiding that? Mr. Olteary: Well, I think anytime you have water you're going to have that problem, I would say it it only gtiht o be about 18 to 24 ihehee deep and it they want to jump in it let them jump in. We have a behCh around it and if eorneene wants to jump in they're going to. Therels do way you're going to atop thetti. We have provided a ramp for the handicapped and We are gbi it t; recommend that MI6 type of a movable date be provides so that thie could be Lifted at night. It is going to be lit. It it going tee have an automatic irrit atiott system. Mayor perre: :low does that, toes it roll? Mr. O'Leary: it's going to roll.. Mayor f'erre: Where is it going to roll frog? `hat's not your building. Mrs. Gordon: What is the width of that lot, Bill? Mr. O'Leary: Thirty-five plus. Mrs. Gordon: What is the depth of it? Mr. O'Leary: 120. We're going all the way to the curb with hew paving. We're going to take up the existing sidewalk and we're going to use sotne itice brick paving, hexagonal brick in an interesting pattern all the way to the curb it- self with treea nut in the public right-of-way. Mrs. Gordon: Ok. I'm serious about this, I'm not kidding I really mean it; but if you get permission from the owners can you imagine some kind of paintings or murals on those walls? Mr. O'Leary: There could be some graphics. I had heard at one time that the owner planned on doing that but since then I've been told that the building is in reciever- ship. So I think we will investigate that. Mayor 'erre: What's the brown stuff, are those tiles? Mr. O'Leary: This is brick. Mayor Ferrer Rough brick or slick brick? Mr. O'Leary: It cannot be slick because it is a hazard. What we're going to do is create interesting paving patterns by changing the shape of brick; No sand, no grass, Well illuminated and easily visible. We have created no particular problems as far as visual hazards are concerned. Mr. wi:l°-.ams: Correct me if I'm in error, but around the planters for the trees there will be grass in there which gives you the visual impact of the greenness. Mr. O'Leary: There will be, Lucius, very low ground cover. Grass is a maintenance problem and it probably would not grow there. Mr. wi...L:.ams: Ground cover, but it is going to be green, Mr. Mayor. Mayor Fer}e: Rose, I'd like to move on this thing. Does anybody object to it? Administration? Mrs. Gordon: Are there any fish in that water? Mr. O'Leary: No fish. UNIDENTIFIED S?-EAKER: What's the height of the waterfall in the little mini -park in New York that started all of this? Mr. O'Leary: I think it is approximately 20 feet in height, UNIDETIFIED SPEAKER; I think it is terribly important that this waterfall be important enough that you see it over the trees, see it from the street and even more important, hear it from the street because that's the whole secret of attract- ing people into the park. Mr. O'Leary: You're going to hear it and you're going to see it and you're going to hear it and see it at night too. We're going to illuminate from the water itself, hopefully white lights. Colored lights certainly don't look natural at all. I'll. 311975 • Mayor Verret They turn you off. Mr, Wtearyt Yes# they do, Mayor Petra: NOW how high it this thing going to bet Mrs O'Learyt Approximately 20 feet, Mayor Perrot NOW is this acceptable tO you, Mr. Paul? Mt, Paul: No, it's not a question of whether it's acceptable to the I just want to ask Ott other question ah d that is it looks to te maybe these sketches were done at different tithes that you've got an awful lot of different kinds of materials mixed together ih there and again I think the beauty of that Ohe ih taw York is the simplicity of the design. Mr. O'Leary: We have basically as far as plant materials are concerned two types, We'Ve got one type of tree and ohe type of groUnd cover. Mr. Paul: I'm talking about the paving. Mr. O'Leary: Well, 1 think this is artist license where we come up and we start making one brick darker than the other. But all of the brown is one kind of brick. Mayor Ferre: Bill, you're hot following his question. You see where the yellow seats are? What is the paving under that? Mr. O'Leary: What's the paving under this area? It will probably be concrete. Mayor Ferree Ok, that's his question. Mr. Paul: And also I noticed in the front you've sort of blocks and things that look like different kinds of paving. Mr. O'Leary: I see that but what you're actually seeing instead; we have the same color and the same finish of brick. The only thing that we have done is that we have changed the pattern and the shape so that if we have.a hexagonal area in this rectangle we have bordered it with a standard double course of 4 x 8 brick just to create interest. This is a preliminary scheme. We have not finalized that. It will be brick and I appreciate what you said that it should be simple and compatable. Mr. Paul: Only one other thing and it's not in connection with this. Are you going to talk about parking in the Bayfront Park today? Mayor Ferre 1 certainly have no intentions of doing that. Mr. Paul: Sometime I wish you'd set a time on the agenda because I'm extremely concerned about the amount of extra parking. Mayor Ferre: You have my committment to that and I will let you know and Mr. Kassewiz -T.2 all those that are interested. mr:;. Gordon: Maurice I think it is important because a lot of people have said it. Mayor Ferre: I promise, give you my solemn oath that it will be discussed openly and publically and you will have your day and Lou too. Mr. Andrews: Mr, Mayor, before you make the motion I just want the record to reflect that the commission passed a resolution - 75-342 dated April 10, 1975 for me to enter into a contract to get this accomplished but these plans are not due in my office until tomorrow according to this contract for My review. Mr. o'Leary: Correct. Mr. Andrews: This has been done since April, Mr, Mayor. Mayor Ferre: NOw PaUl, we talked about this in this City Hall. I can tell you that my memory is not that bad. I'll give you the date, it was in January, M. Andrews; But I'm trying to tell you, Mr. mayor, that we went through a select- ion process for this Consultant and that on April lOth you authorized an entering of a contract with this gentleman. Mayor Ferre: Paul, I'm going all Over the country bragging about You, Now You've got to give me hotter ammunition than to say that it takes us 7 months to do something 84 1,1975 J1)10 like this. Wow under the Andrew§ administration it takes 3 months te get some thing like this going. Ok? NOW is there a Motieh, Mr. O'Leary: Yet, Mr. Mayor, we had 10 days to complete it and we did. Mrs. Oordon: Thirty days, good. How long will it take to develop it? Mt. O'Leary: To complete the plant sixty days. Mayor ?erre And how long will it take to see a park there? Mr. O'Leary: We're estimating costruction of four tit) title months. Mayor Ferre: What you're telling Me is that if everything proceeds according to schedule we could have it ih January for the iCentennial se P1ummer can cut some ribbon someplace BiCehtennial Day, NOTE: Commissioner J. L. Plummer left the meeting during this item, The following motion was introduced by CoMmissioner Gordon, who moved its adoption: MOTION NO. 75-714 A MOTION ACCEPTING IN PRINCIPLE THE DEVELOPMENT PLAN SUBMITTED THIS DATE BY MR. WILLIAM O'LEARY FOR THE DEVELOPMENT OF A MIN/ - PARK ON CITY -OWNED PROPERTY ON WEST FLAGLER STREET IN THE DOWN- TOWN AMA. Upon being secon6ed LI Commissioner Reboso, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABS17NT: Commissioner J.L. Plummer, Jr. Mayor Ferre: At this time we have with us the Mayor of Brownsville, Texas and I would like to call forward the Honorable Jim Mills and with him Mr. Marcello Hernandez and Peline Mendoza from Miami and Brownsville, Texas. I might say that we share a distinguished Bishop. Mr. Mayor, if you'd come around we'll shake your hand, give you a key. JUL 3 1 1975 "BLACK SUNDAY" REQUEST PERMISSION TO USE THE 21, PERSONAL APPEARANCE ORANGE BOWL STADIUM ETC' OF MOVIE PRODUCERS OF Mayor Ferre: These people have come all the way from California today to be present. T would like to recognize at this time Mr. John Frankenheimer and Mr. Bob leeisen. Now ladies and gentlemen, I hope that we'll be able to do this very quickly and if you would state your name for the record and tell us exactly what it is that you propose we'll get right on. Mr. Robert Rosen: My name is Robert Rosen. I'm the Executive Producer of a motion picture entitled Black Sunday*hich will be distributed and financed by Paramount Pictures. The picture will be produced by Robert Evans whose credits include God Father, Love Story and most recently Chinatown and will be directed by the gentleman on my left here, John Frankenheimer whose credits include Gran Prix, Bird Man of Alcatraz, Manchurian Candidate and most recently French Con- nection II which I produced for Twnentieth Century Fox. We are here looking for locations and asking for support and cooperation from the people of Miami in making our motion Picture Black Sunday. So you know a little more about it, it is a major motion picture. It will budgeted. at upwards of 7;2 million dollars, three to four million of which Would be spent in the city that we ultimately pick as our basic location. We have an enormous amount of requirements for extras, local extras, bits, local technicians, drivers, equipment, hotel rooms,,, Mayor Ferre: Why don't you just tell us how much money you plan to spend in this community? Mr, Rosen; Three to four million dollars. 8!j JUL 311975 Mra, dordont And what kind of location ate you requiring? Mr. Moen: Our major or requirement in order to keep the picture in Mia1ni is the Orange Bowl. Our prerequeeite to shooting the pieture in ary city that we tiltino ately pick would be a MajOr football etadiui t. We would use the Orange Bowl ea follows: In the utter part of NeVeMber of the beginning of December we would photograph a season game of the Mi&n i bolphihs. We've had diseueeiona With Jbe ibbie and have received his enthuaiastie cooperation. On the leth of January Super bowl bay We would like to photograph again the Super Awl. Again, out re" guireftents are hot the fottbali game perse but photographing the fanffi. We would utilize a hidden camera technique# a documentary style whioh would hot in any way take away from► the game itself, We would look a great deal like all the press photographers that exist there at the game. Mrs. Gordon: Is that all you heed of us? Mr. kosen: No. It goes on. On the 19th of January we would start shooting for approximately 14 weeks in the Miami area and within that period of time we would need the Orange Howl for approximately 3 weeks where we would stage the action for the script. We are even investigating the possibility of putting ona rock concert of some kind to bring people into the stadium itself that we could use for photographing the picture. Basically, that's what we're here for. We've received a very warm welcome in Miami from the Florida Film Commission and the union leaders some of which are here today and we ask for your help and recommend- ation also in this matter. Mrs. Gordon: You said you needed a location, The only location you've mentioned so far is the use of the Orange Bowl for certain periods of time. No other locat- ion requirements? Mr. Rosen: Th rest of the locations are very simple ones where we would be deal- ing with private property and really would not need your... Mrs. Gordon: That's what I was getting to because we have had problems in the pas": with private property, residential areas and that's why I was leading up to that. What ;tic: your plans on that? Mr. Rosen: Well, there are quite a number of locations but they include hotels, Mrs. Gordon! You aren't talking about a particular residential area, moving in and photographing... Mayor Ferre: We won't need Sepe DeBronia's home. Ok? And we won't have problems in Coconut Grove. But let me tell you what the problem is because I think we have to be very open about this. I want to be very frank about it. I want to be very open and frank about this. Part of the scene on this is the bombing of the Orange Bowl. Mrs. Gordon: What? Mayor That's right. The plot is that they end up bombing the Orange Bowl... Mr. Rosen: No, that's not quite true. Mayor Ferre: Tell me what it is. Mr. Rosen: Alright, our plot deals with an Israeli intelligence officer who together with American Authorities, CIA, FBI and the local authorities are attempt ir:cy to track down a Palestinian terrorist group who have a plot to bomb the Orange Bowl -• chey don't bomb the Orange Bowl. I don't want to giveaway the end of the movie but they don't bomb the Orange Bowl. Mayor Ferre: Let me tell you what the problem with that is. The problem with that is, and I'm not telling you or I"wouldn't have asked you to come here and explain it .f I was violently opposed to this but I want to tell something. I want to relate to you a story of two kids in Coconut Grove. Now we had a real tough time and I felt very sorry for these kids even though it was a hideous crime. They took a can of gasoline and set fire to an old man who was sleeping (he was a drunk). Now when they were taken down to the police station and questianed, you know waht they said? They said, "We just saw it on television last night," That's where they got the idea, Now I'm saying everybody watches the television tube and just because Mannix goes around hitting everybody or Cannon does all kinds of crazy things or Ironsides or whathave you that that's what society does. But it has a strong parallel, Now we happen to get when the moon is full and the peak 86 JUL 311975 OE the sr son we get IS bomb treats in one day in the Orange ttwl. That's average. We've got. all kinds of doge that email dynamite powder. We spend untold thousands of dollars (the ehief Can tall your he's back there) trying to detect what Le going on. NOW all you need is a little picture like this to ecite the imagination of ebbe people and we'tie got major problems. Mr. sen! Well, let me try to agaif, answer that. The last film that t was ;personally involved with with the director was trench, Corms&tton TT and a year ago almost to the day I was standing in front of a grt3up of people in Marseilles, Prance and they were very concerned about how we were going to deal with the drtfge in the picture for the same reason. At this point we can show you virtually hundreds of letters from every law enforcement agency adrOes the counter naiad. ing the people of Marseilles from senators in Washington saying that they wish every child could see french Connection It because of the way we dealt with it. When we were offered this movie, hl k Sunday four montte ago until we came lip with a concept where we could say honestly to ourselves that we were going to deal with this problem and it was going to be a deterrent to these senseless acts we did not commit to the project (I'm speaking now for thyself and John ?rankenheisner.). I will use an analogy, t hope it is true in this case. When we came up with the idea that these terrorists were the same thing to our movie as the shark was to jaws, and as you know sharks aren't too popular these days with this picture coming out, that's when we decided that we had a way Of doing this picture where it would not give anybody any ideas. Mayor Ferre: I'll tell you this, I see all the Clint tastwood pictures and t love James Bond so I must be one of these guys who psychologically is hooked on violence and terrorism because this type of thing fascinates me. And I think I'm just the average American. And what really concerns me is that we come out with a scene in a movie showing how to blow up the Orange Bowl or something like that and have some cook ga out there and try to do it the next week. Mr. Rosen: Well, Iwould think there might be more validity to what you're saying, Mr. Maycr, if indeed they blew up the Orange Bowl but they don't - they're stopped and they are blown up themselves (I did tell you the ending). Good wins over evil. Mayor Ferret The good guys win? You're sure of that now? Mr. Rosen: Positive. Mayor Ferre: Well, what is the will of the commission? Mrs. Gordon: My personal feelings are that there could be some repercussions with regard to the plot but on the other hand if we're going to add some basis to the economy we have to think along those lines too. I don't know. I guess we ought to throw this one on the Manager too. No? Mayor Ferret No, I think this is a policy matter, not the Manager. Mrs. Gordon: Well, it's a policy matter except I don't think that we know enough about some of the other conditions. Mr. Manager, have you had conversations with the i)cl;.z�:.: and/or other interested parties? Mayor. Ferree Let me interrupt and say I think in my opinion, and I just respect- fully submit this to you, that we ought to in principle either accept or reject the concept in principle and then if in principle it is - if it's not acceptable then that's the end of it. But if in principle it is then let the Manager come back and tell us why we shouldn't do it. Mrs. Gordon: Maurice, are you concerned that someone might a crazy idea and want to bomb the Orange Bowl? Mayor Ferre; Yes, that's exactly what I'm sorried about and that's exactly what the Manager is going to tell you and I beat him to the punch because what I really would like '- l; is to investigate this a little bit further rather than just say nc today. My opinion is that I think this means money to the citizens of Miami and I think we ought to try to look into it and go into it with a positive attitude. But that requires the position, the posture of this commission. We set the policy. Mrs. Gordon; Well, I don't want to say no to a venture that's going to bring (how many millio s of dollars here?). Mr, Rosen; Three to four trillion dollars. Mrs, Gordon; You knQW with conditions like they are today and jobs so scarce, if we 87 JUL 31 197 u II!IIIII• can put soft people to utrk t think wo hat to think along those linos. Mr. Rosen: There are days, literally days where we will have as many as t3.607 extras in the Orange bowl. Mrs. dordont If God forbid somebody had a kooky idea like bombing the Orange Bowl and they did it. Chief Hickman is here, have you any (Nelms about it if we moved on this, Chief/ t'd like to hear you at the microphone Where I can hear you. Mr. P&OStobo we have a deadline? Mayor ?erre: Hee much time do we have to give you an answer? Mr Rosen: You haVe very little title, a week. Mrs. Gordon: We don't meet again, though, Maurice. Mayor Vette: That'A why we want to pass this in principle. Mr. Rosen: May I say two other things/ One the book eXistS. WS a best selling book, It's about to come out in paper back and anybody that Might get ideas, some- thirig like this they have it in the book. Secondly, nobody is planting a bomb; they're delivering this bomb in a blimp and it is a very 'Metes Bond kind of out- landish approach to this. Mayor Ferre: Ok, I just want... Look, Phil is all upset back there. It has to be discussed. We can't go into this and the Manager has been telling you this and I wart to make cure that this is all brought out before we vote on it because we can't keep there things. Now as far as... I'm for it. I think it is worth taking the risk cf studying this and doing it if possible. But 1 didn't want anybody to say that we didn't have a full diSCUSSiOh on it - no secret deals. Mrs. Gordon:.What did you say Chief? I saw your head go one way or the other, T don't know which way. Ok, Mr. Manager, what is your opinion? Mr. Andrew: Well, I have to begin with I'd leave an open mind since I heven't seen the xeript or anything. I would have a negative attitude because of my knowl- edge of what we have to go through (and I'm not going to describe to the public what we have to go through but involves sometimes significant number of fire and policemen in some of the things that we have to do as the result of the calls that we receive). There is a risk factor here that someone may get some idea to do this and you never know. But I say that is a risk but the City Manager got burned once and learned a lesson when there was a movie here with Anthony Quinn in which I had no one in the city read the script of that movie and when the movie was fin- ished It e.bsolutely made the City of Miami Police Department look like idiots because our automcbiles were used and some of our policemen were involved as extras and so - forth and it was a ridiculous thing to have happen to the city who spends so much money on publicity in attracting tourism to our community. So the Publicity Depart- ment reviews these scripts and then recommends to me and I get other staff people involve' . --ore we come to a conclusion. qayee Ferre: Kenny, say it because then after that we have to move along. Sgt. Ken Harrison: I think the Manager covered my comments. I was most concerned about how my group is going to come off looking in these movies. Too often in these action packed movies the local police officer comes off looking like a clown aed I for one don't appreciate it. I agree with what the Manager says, I'd like tc have some research and somebody review the script. If the City of Miami Police eepartment is going to look as bad as we did in some previous movies then I would oppose it, Mrs, Gordon: I thin) the motion ought to be then that the Manager have the opportun- ity to look irrn the script and be able to come to a conclusion that if he finds nothing Lnere that would be detrimental to the health, welfare and safety of this ccmmunity that he proceed. Mr. Reboso: X don't agree, Mr. Mayor. I don't think this is the right time in this city for kind of plot, believe me. Mrs. Gordon. Well, we're not moving to do it, Menai:), we're only aayinq let him research it, You know. Maybe we don't know the plot, I didn't know the plot. 88 JUL 31 1975 Mayor Verret Let Ma put it to you this way, there have been US bombings ih this town ih the last year, bowl that tell you anything./ t mean botbs, not fire trackers. Rev. Gibson: Mr, Mayor, thaybe we Ought to consider providing the are thief and the Police people are intimately involved ih making that decision because afterall those two departments are the people who. are going to have tO 166k bad or good. Mayor Petrel Alright, SO in other mords as 1 hear the Mtitibh is that the notion is that the City of Miami instruct the manager to proteed Oh this provided, how - evert that we get full tondUrrente from the Police bepattment, the Fire bepattment and the Publicity bepattment but that it is the intent of this COffiMiMion that we should proceed unless there is some major reason why we should hot. Mrs. 06rdont Yes, unless it is totething detrimental to the health, welfare or safety of this coMmunity. X think that covers the whole gamut, Maurice, mayor Ferre: A flashing green light is what we're saying, not green, just a green but with a proviso. Mayor Verret Alright, Mr, Harris, and then after that we'll Close it for ditCUS., sion. Ben Harris. Thank you, Mr. Mayor, members of the City ComMiSsiOn. My name is Ben Harris. I'm with the Department of Commerce in Tallahassee. In the 1974 session of the legislature the state saw fit to fund a motion picture and IV program which had as its primary function the expansion of all video and film act,. ivities in the State of Florida. I am now administrator of that program and my function is t.c try to bring production to the State of Florida. I have been work- ing with Mr. Rosen since he initially contacted me concerning a possible location in the City of Miami for this movie. I would like to bring out a couple of points concerning motion picture production in the State of Florida. Over the past six months we have had $9,000,000 in feature productions in the State of Florida. This brings some 2.7 million dollars into the local economy for the State of Florida. This is very important fascet of our econ.7,7. Thee are some 5000 people employe& in the industry in the State of Florida. I wouldcertainly ask you to carefully con- sider this matter on this production and also to consider a couple of other points which I think are very important. (1) This movie will be made whether it is made in Miami, Florida or in California. The people in Miami will see this movie no matter whether the Orange Bowl is used or the Rose Bowl is used. Officials for the Ros. Bowl are trying their best to he this production made in California. The Los Angeles Rams Professional Football team has contacted the producer and almost practically begged him to come and use the Rose Bowl and their team and equipment to shoot this movie. As far as the adverse reaction to a bomb and perhaps causing bomb throats in the City of Miami I think that no matter where this movie is made you're going have the same reaction. Now the three to four million dollars that will flow directly into the local economy I think is very very important and I would certainly ask you to please consider carefully their request. Time is very essential; they must have an answer in the near future. Rev. Cih6on: M. Mayor, I don't want to be negative but sir, sometimes, you know great believer, people could get money but money can't get people. NOw I unaerstand what you're saying and maybe the $7,000,000 or the $2,000,000 this economy would net may not be worth the risk. What we are not saying is I think some of us share some fear and trepidation. I'll tell you what I'm willing to do, I'm willing to second your motion, Rose, again. I mean I'm willing to second your motion providing, and I mean this as a clear understanding, if the Manager atter having in depth study with the Chief of Police and the Chief of the Fire Departmmt and the Publicity Department discover there is any doubt in their mind about the effect of that kind of action on this city we want them to be man enough to say no. Now they can't guarantee anything, man or woman. I just want you to know that we understand frankly we want to do it. But you know sometimes a lot of things we want to do may not be the wisest thing to do. Gordon: Here is a point now though that I'm thinking, If the Manager is already speaking in this tone of voice that he is and it's echoed by the Police Department representatives - Kenny.- you know I'm just thinking maybe we're wast- ing their time and maybe time is of the essence to them and maybe we'd Netter not do this to them. unless we really thin) that we're going to go forward then we really shouldn't hold them up, just tell them no right now, Rev, Gibson; Rose, I would hope the Manager would not take our time, You know, rWfi' 1: 31 1975 Mayor Pare: t'm going to recognile Mr, Frankenheimer tithe wanted to say something and then t'll radognite you and then we're going to elOse this of We've got a long schedule, tt is SOD, we haven't even begun, Mr, John Prankenheimen Mr. Mayor, committee, t'm the director of the film, tt it my responsibility to put on the SCreen what everyone is going to gee.t would also like you to consider my peat credits *11101 include as kobert Rosen said before, !Ara SO of Alcatraz0 8everi DAYS Of gaat, highly controversial sub.. jeets which 1 think were treated quite well. Grand Prim which was about rading# Prenth Connection It whieh is a very violent anti -violent drug teene where it could have been an exploitation i2.nt t have he intention of making anything that is an exploitation film, Mayor Fetre: Ok. I'll tell you I... t firmly believe that we should do this. Mr. Frankenheimer: One other thing, Mr. Mayor, t just want to say this that t've listened to people say (the representative from the Police Department and so forth and so on)sayinc that he was worried about the way his police force would Cote off) we have no intention of making the Miami Police Force lOok anything but the efflto. ient force that we feel that they are and they operate Very effieiently in this film. The Fire Department has absolutely nothing to do with this film. The other thing is that I've heard people talk about bomb threats and so forth and so on and Mr. Rosen said the Arab terrorist group involved does not succeed and what they use as a weapon is a blimp. I don't mean to be fascetious but hardly think that this is ,AJTething the average person could get their hands on. Mayor ?erre! I'm not going to argue with you about that one. Mr. Frankenheimer: It's a question of the fact that we're not trying to panic the public in any way. We're trying to make a very honest filth about something that coold conceivably happen that is thwarted. I just want to repeat myself and then I will step down. I have no intention of doing anything ...... Mrs. Gordon: I have a question. What if the Rose Bowl was the scene of the filming, it woLlld say Rose Bowl, it would not say Orange Bowl? See, unless Mr. Rcboso z and tells me he's for it then I'm not going to offer the motion again because you know we have a unique situation and I respect his judgement too. Mr. Frankenheimer: It is very difficult to talk to Mr. Reboso, he's on the phone. The point is... Mrs. Gordon: Well wait until he gets off it if you don't mind because.... Mayor Ferro: Take it easy because we need his vote. Mr. Frwianhoimer: What I mean is that we really want to do this the best way we possibly oan. Mrs. Gcrdcn: 1 understand but there is a psychological factor that we're dealing with which is an intangible almost and I want you, Manolo, to state your position before 7 r7ake any motion again. Mayor Ferra: Alright, no, we don't need anymore talking. We're through talking. Now here is what we're gong to do. Now Rose, you want to make that motion? Mrs. Gordon: I want to hear from Manolo. Ok? His position and his thinking is very important to me. Mr. Reboso: This in my opinion is up to the City Manager. Let the City Manager... Mrs. Gordon: Yes, but how you personally feel in your heart is important to me. I'm not going to make the motion again unless I hear from you. Mr. aelyloso; I don't think it is the right time for that kind of plot. Mrs. Gordon: You don't? Then I'm not offering the motion. Mr. Stanley Cohert; My name is Stanley Cobert, I'm a local producer here in Florida, I think there is whole perspective that has sort of gone a kilter and I'll try very quickly to make my point. I think all of you are being concerned on the basis of a one paragraph synopsis not really carefully worked out or prepared in anticipation of this to describe something that is a $7,000,000 picture and a best welling book. 90 JUL 3 1 1975 Vary few pietea of material allow themselves to be reflected that way, /f one were ta say to you that they were going to make a film which cul., Minatee in a 8Cehe ih wraith a man in nailed to some wood and diee it might seund like a terribly violent film but the film has been made, the bOok it was based on it one that is known to everyone, So t think for all of you at this point to have the apprehensions you have without the benefit of a little more knowledge about the material maybe doing great damage to all of ve here in this community who very muth need and want this film to be made here by the highest of profess.. tonal§ which we are really honored to have in our midst. The City Manager milt.. ioned a film called the Happening and he has a good metary because that film is more than s or 9 years ago. There have been a lot of films that have been made in the interiM, There haVe been lot Of very good reflections of this community. There have been a lot of values that have accrued 'ft) the thousands of people here. Mayor Perre: Look, we Must cut off row one way or the other and I would just like, Father, before you say sOtething, I want to ekpress my opinion. 1 am firm- ly for this and I want tO give you sty reasons for it, (1) 1 think that this can be controlled, Your judgement is gang to be involved in this. Paul, so we're not just saying yes we're leaving it up to you. (2) 3. think this means millions of dollars of employment, Thirteen thousand extras, and I'm not saying this is just going to be Cubans or Black people or women or anything. Everybody is going to be able to... This is money that is flowing into this communityGod knows we reed Lt. (3) And 1 would like some kind of a committment from the director that somewhere along the place if you're going to use the Orange Bowl you will 0= the sign that says City of MiaMi Orange Bowl and the skyline guaranteed. x really think it is a great thing and / think that the terrorist act aspect of it as the man, if they do it in the Rose Bowl the audiences in Miami are going to see it anyway so if ebody i4s going to get the idea and go to kidnap the blimp man and get a bcmb and bomb the Orange Bowl he's going to do it anyway; from the picture he's going to get the idea. So if we're going to get the potential prob- lems we may as well get some of the benefits. Rev. Gibson: Mr. Mayor, I hope that the news will get abroad how we feel. I'm talking about the citizens, the people who live in the City of Miami and the sUr- reunding r:!u-A.7_ipalities so they don't get no ideas. OK? With that in mint.i and with the understanding that the Manager along with those Chief of Police, Fire Department, Publicity. I'm going to offer that motion because I have enough faith in the integrity of the people of this community and they've got to love Miami. T'ain't no other place in this United States like Miami. Mrs. Gordon: I'll second it with the understanding that the people involved are not misled by this motion because this motion is subject to conditions which the Manager must explore and come to a satisfactory conclusion. So with that in mind I'll second it. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 75-715 A ;OTION INSTRUCTING THE CITY MANAGER TO INVESTIGATE REQUEST FOR USE OF THE ORANGE BOWL STADIUM FOR A MOTION PICTURE FILM (BLACK SUNDAY) AND TO ENTER INTO NEGOTIATIONS FOR SUCH A VEN- TURE CONDITIONED UPON ASSURANCE BEING PROVIDED THAT SUCH ACT- IVITY WOULD NOT ADVERSELY AFFECT THE HEALTH, WELFARE AND SAFE- TY OF THE COMMUNITY. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES; None, ABSENT; Commissioner J, L. Plummer, Jr. ON ROLL CALL; mr. Reboso; well, it is going to be up to the Manager and I hope the Chief of Police is also involved in this. So 1 vote yes. Mayor Ferre; That's part of the motion and the Fire Department and Publicity, Now Paul, I want you to hear this now. The Rolling Stones, we tried to get the Rolling Stones here. I'm not blaming you, I'm not blaming cliff or Andy or any. JUL 31 1975 body else. The fact is that the City of Jacksonville has made $2S0,000 Oh that deal, That truld hve been a lot of money to pay for a lot of oovef on the orange Bowl. We didn't do it, I'm sure there were good rtaaona, l don't uueatLoh that. I hope this opportunity we don't friiSa and t hop that it is the co isenaus of this rotmtsaion is to go forward with this provided all the safeguards are met. 6k/ Thank you very much and t hope you understand that we have to be ,very careful and we have to go through this prooeae. It doesn't mean in anyway our ill will. it is Nat ah abundance of precaution and we can i t talk publioally about a lot -of the things that we happen ter know out there ate some good reaeons for this precautions. `JUL 311975 22i ptRSONL: APPEARANCE J-APME S r t C KHAPT JUL 3 1 1975 ENFORCEMENT OF C!TY ORDINANCE FOR oCCLlPATIONAL L.UCENSES FOR: WASTE AND TRASH COMPANIES The Commission took up for consideration a scheduled personal appearance by Mr. ,lames P. Eckhart with reference to enforcement of tie City of Miami's ordirianwos on occupational licansc for waste and trash companies, and the following discussion occurred: Mr. Eckhart: (Reading from prepared statement) It is not my practice to ai:pear before this mmiss on when it is possible to obtain effective results dealing with staff. The situation which I bring t.o your attention today I have been working with the staff on for over eleven months without any effective relief. All offices have been cooperative, but no results have been ob- tained. The problem relates to the enforcement of Ordinance, a Tart of your City Code, 20-19 and following sections dealing with the obtaining of licenses by those engaged in picking up waste and trash in the City of Miami. I am speaking for several com- panies that are engaged in this business which religiously cam•- Ely with the terms of the ordinance and the other administr.a i,-a -aquiremonts, and lose bud inr:�—, to the operations o ' people who continuously operate without obtaining licenses or complying with the ordinances of the City. At least two companies are presently without licenses and operating without interference by anyone. The Police Chief's office suggests that Licensing is responsible. Licensing looks to the City Manager for direction. Particularly, and I wish to bring to the attention of the Com- mission that one company, Central Hauling Systems, also operating under the name of Garbologists, has not had a license from the City of Miami for a period of two years. For the year 1973-74 no license was issued --- mayor. Ferro: Jim, can we cut through all this. What's your problem with us? Mr. P. W. Andrews, City manager: Well, our problem is in a:'tualaprrehension, and T have already made arrangements for one of our inspectors to ride these night hours with the Police Department, with the Police Officer, in the hope that we can actually apprehend them doing this in the process. When we do, then we will start --- Mr. Eckhart: Action has been started. The City Attorney's office filed an injunction several months back, and it was not prosecuted because the City Manager's office said, if this man makes an application for a license and is granted a license the litigaalon becomes moot. At that time the man had a deposit down for the license for this year; refused to pay the deposit for last year, and when the funds were ultimately placed with Mr. Caplinger, the head of this department, and the City Manager was attempting to process this license the man went down and withdrew the funds from Mr. Caplinger's office, Now everyone knows -your City Attorney knows that the man is operating with- out a license, He went into Court and made those contentions in open court, At the same time your City Attorney is al1ow.ng JUL..,1975 the Licensing Department to return this man's money to him when he continues to operate every day. Not only is he oper- ating without a license* but he is operating to the detriment of the other people who are complying with your law. The action that I am requesting of the Commission this date is to instruct the City Attorney to immediately proceed with the legal action to obtain a temporary injunction against the operation by this companyb and then get a permanent injunc- tiOn on ths grounds that this man has deliberately and will- fully failed to comply or to cooperate with the City depart- ments. And further, if the man does make applicatiOnbased on his record.: based on his failure to oOperate with the City over the years, that he be denied the right to conduct business in the City of Miami. 1 further request that the Police Chief. or the City Attorney's office, check the Federal District Court for the felony which this man lus been convicted of. He served time in a Federal Pennitentiary. There are other charges which the Police Chief can check in the Criminal Court in Dade County here, and 1 suggest that when all of this information is placed before you by your own staff, and.not one that has possibly an interest here, that you will conclude in your discretion that this man should not be able to continue doing business in the City of Miami. Mrs. Gordon: You say he is operating without a license? Mr. Eckhart: Operating for two years without a license. Mrs. Gordon: And he operates under a company name, or what? Mr. Eckhart: He operates under two fictitous names. Mrs. Gordon: And never got a license? Mr. Eckhart: Never had a license. He makes application for the license. There are three or four requirements within your cmde. One is to submit his vehicles to inspection by Mr: Ru'.u. of the Sanitation Department. That is not done. There is no vdme within which that is to be done. Mx. Andrews: MX. Mayor and members of the Commission, I want to assure you that we will check these facts for ourselves, and assuming that they are correct, but just to be absolutely correct 1 wililive directions to the Chief. who will have our Police Force be alerted to this, and if they are in business operating this way, we will make the necessary arrests. Mr. Eckhart: That's only part of it. You can make an arrest and the man can go down and pay a fine, We are talking about a hundred and twenty-five dollars a year for a license, and the amount of time that has been expended by the City Manager's office, the City Attorney's office, the licensing and the 5anitation, and my own office, it would run into thousands upon thousands of dollars over the last eleven months, Mrs. Gordon; Who do you represent? Do you represent another company? Mr, Eckhart; represent several companies in the same business who are losing their accounts to this company, who have complied with your ordinappfs and your requirements. 01 JUL 3 1 1975 Reverend Gibson; Mr. Mayor, it would appear to me that it is a very simple ratter to say to the man. you carry out the ordinance, or eiae. I think that's fair; that the people who pay their tapes or pay their fees ought to be protected. They ought to live up to the law) and 1 don't think we ought to just say to the man, we want to arrest you; we want the man to comply, totally: comply with the law or else; and the else is his, not ours. Mr. Eekhart: Father Gibson., this is an area where the Commission actually has to approve the incense. Reverend Gibson: Well, we don't have it. John Lloyd, City Attorney: May I make a suggestion. z suggest that we go ahead and attempt law enforcement by the Police Department, to arrest any of these persons that are apprehended within the City of Miami picking up garbage with- out a license. as 1 understand it, the procedure could be to notify the Police Department that the X company does not have a license. Now Now this is actually ---it's not a financial or reve- nue producing license. This is a policing license. Now, then, in the event that the thing continues and we are unsuccessful in getting them to do that, I suggest maybe we try this for two weeks or thirty days, or something of that nature, and then, in the event that does not prove successful, that we can again file for an injunction to prevent them from doing it on the basis that we have done before on occasion; that our legal remedy of arrest is not adequate. I think that we have to try the legal remedy first. Don't you agree, Jim? Mr. Eckhart: Well, of course the Police Department said that it actually wasn't their responsibility, and that's why Mr. Knox of your office concluded that an injunction action should be filed, which in fact was filed, but it has been lying dormant for several months. Mayor Ferre: What is it you want us to do right now? Mr. Eckhart I want you to instruct your City Attorney 4.o proceed with the injunction suit and to get this man's trucks off the street. Mayor Ferre: Do you have any objections to that? Mr. Lloyd; No. Does anybody have any objections to that? Mr. Eckhart: And that the background of this man be checked relative to any application he makes, so that this Ccrnmi _•f,ion, in their discretion --and it is within their dis- cretion to either grant or withhold a license ---that you have all of this information at the time this application comes before you, Mayor Ferre: Is their a motion? Reverend Gibson; I move, JUL 31197 Mayor perre: All right, rather Gibson moves. Rase, you want to second it 'Io instruct the City Attorney tO proceed. Mrs. Gordon: Certainly, if anyone is operating illegally certainly we v ant to stop them. Mayor Ferret All right, there is a second to the motion. Is their further discussion on the tion if not, call the ro l i . Thereupon the followinig motion was adopted unanimously, and was designated Motion too. 75 -716, A MOTION INSTRUCTING THE CITY ATTORNEY TO IMMEDIATELY PROCEED WITH INJUNCTION PROCEEDINGS To STOP OPERATION OP A PRIVATE WASTE HAULER IN THE CITY Or MIAMI WITHOUT A LICENSE .yN.. .... •. S'% wY.ar... ♦ii•++r ++..1. J/*.74• ......4.44.44.401161111i 96 JUL 311975 QUALITY OP FOOD AT CITY MINED BUILDINGS LEASED 23. DISCUSSION ITEM AS CONCESSIONS TO RESTAURANT OPERATORS Mayor i~'erre: 1 TwIt to tank step. Jim ►batt, but wAlie yeu are '+ere, 1 Want to tell you that your client,- hope you are still representing gpeeiaity Restaurants from California, --,-- Mr. tkhart: Yes, sir, ----- Mayor Perre: t want you to send them a letter, and I would like a +ropy of it, so that I will go on record telling you, telling then, that their food is really getting bal. The service has never been exceptional, but you happen to have the most privileged location in Dade County and I think it is a crying shame, —that place Ought to be the number food location.. Mr. Ekhart: 1'11 be very happy to do that Mr. Mayor. Mayor Ferret I am talking about the Rusty Pelican,----_ Mr. Ekhart: I know who you are talking about. Mayor Ferre: I know who he represents. The Rusty Pelican does not have the kind of quality fond it ought to have. I see a lot of people going like this,(indicating) see, look around, a lot of people agree,---18 people agree,---- Rev. Gibson: Mr. Mayor let me say this, they may be bad, but I think we have another one even worse. Mayor Ferre: Amen to that, Rev. Gibson: Amen, I agree, and let me asy by contrast, I want to tell you, Rusty Pelicanis better than that other one that I am talking about, I am not going to call tho. name. Mayor Ferre: Would you please write a letter, expressing the opinion so they caul improve a little bit. JUL 3119/5 ORANGE BOWL STADIUM 24, AWARD BID CLEANING SERVICES FoR: gsEBALSL.TRniuM INCLUDES DISCUSSION Mayor Ferre: We are on Item 45 . Mr. Androt;s: Mr. Mayor would you like us to explain this, I am making a recommendation that we awa=-d this to the bidder who submitted not the lowest bid, and I would like Mr. :.cna wgs to explain. Mayor Ferre: Are you the lowest bidder? Why don't you step up here and identify who each one of you are. Mr. Averback: My name is Mr. Averback of Biscayne Janitorial Service. Mr. Rene Fanton: My name is Rene Fanton with Property Management& Maintenance. Mayor Ferre: They are separate companies, right? Mr. Manager why don't you explain whit you want to do and why. Mr. Andrews (.o ahead Mr.. Jennings and explain the difference between the two bids. Mr. Jennings; Mr, Mayor and Commissioners, what this becomes in essence is a matter of. judgement, The bid specifications specified that final decision could be made on the basis of financial bids submitted also on the basis of experiencc and on the basis of professional reputation ofthe bidders. The financial difference, the difference in bids, in my estimation, is rather insignificant, It awountF to about $5,00°. per season or about 80 dollars per game, This in my opinion if. outweighed by the experience factor, in my particular recommendation to the City Manager, I feat tt+e firm of Property Management and Maintenance had substantially more experience than any of the other bidders in this case, There was a bidders in all, 4 of whom could r JUL. 311975 be eliminated on the basis of experience 0—either experience or financial portion of their bid, I am recommending property Management and Maintenance Inc. Mayor Terre: You Were not technically the low bidder but you think they are the tb st qualified to do it, and meets the circumstances. Pk. Jennings: Yes, sir, and particularly in view of the fact that this is a very 1mpottant year at the Orange Bowl, we have the Super Bowls Mayot Ferre: In the totality of the contract, which is a one year contract it, ----what is the difference in total cost, Mr. Jennings: The total cost per year between these two bids toas about $5,000. or about 80 dollars per game. Mayor Ferre: We are going to end up paying $5,000. more but you justify it because you think we will be getting that much better service. Mr. Jennings: Yes, Sit, -- Mayor Ferre:Now we will hear from the individuals involved. Unidentified person: Mr. Mayor as far as the $5,000. figure, I don't believe that is true because the higher figure that they have in there ranging from 60 to 80 thousand dollars alone, ---- Mayor Ferre: For the record, your name and company, Mr, Av4r"zck:--Biscayne Janitorial Service, Mr. Averhack. The last 4 figures r.ir►ging ircm b0 to 60 thousand dollars crowd, there is a difference in the price of anywhere from 350 to 500 dollars per game. That in inself alone is an excess of $5,000. just on the Miami Dolphin ball game, not to count in the University of Miami or etc. I would say the figures would probably run in the area of 10 to 15 thousand. Mr. Rene Fanton: My name is Rene Fanton, Property Management and Maintenance, we also hid on the other two stadiums, Miami Marine Stadium and the Miami Baseball Stadium, we are the lowest bidders on those two stadiums. I have not computed the $5,000. or anything like that, but maybe figuring those two stadiums, we are within $5,000. like Mr. Jennings said. I have say also we have done the Orange Bowl previously --evidently our services were satisfactory. Rev. Gibson: You have the experience, you say. Mr. .Te,.air;b : Yes, they do the Orange Bowl, the Baseball Stadium and 'believe r.le% j".. Lauderdale. Mayor Ferre: You are recommending them. The following resolution was introduced by Commissioner Reboot', who roved its adoption: RESOLUTION NO. 75-717 A. RESOLUTION ACCEPTING THE BID RECEIVED FROM PROPERTY MANAGEMENT AND MAINTENANCE, INC. FOR CLEANING THREE (3) CITY OF MIAMI STADIUM FACILITIES, NAMELY ORANGE BOWL STADIUM, MIAMI MARINE STADIUM AND MIAMI i:A`.'E BALr. STADIUM, AT A COST TO BE DETERMINED ON THE SIZE OF THE CROWD; MID AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM, ALLOCATING FUNDS FROM THE PUBLIC FACILITIES 1974-75 BUDGET FOR THIS PURPOSE 98 (Here follows body of resolution, omitted here and ran file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution vab passed and adopted by the following vote AYES: Commissioner Hatolo teboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Terre. NOBS: None, Absent: Vice -manor Plummer JUL 311975 AWARD BID - ORANGE BOWL WATER. MAIN IMPROVEMENTS 1975 DISCUSSION INCLUDED AND APPROPRIATING NECESSARY FUNDS Mr. Julio : My name is Julio ? and 1 represent J. & i Engineering. W:a came in second low bidder iit,this job and we believe that the first low bidder didn't have a bid bond as required by the specifications of this job. Mayor Ferre: Is that right Paul? Mr. Andrews: I. believe that is correct. I am waiting for Mr. Hayes to finish there. These bids were just turned over to us. Mr. Grimm: I think I can answer that for you Mr. Mayor. What he says is true, however that it is an irregularity in the bid that you can waive, but I might explain that it is kind of an honest error in this sense. This is the second bidding of this contract. When the bidder bid the contract the first time, he submitted to the City certlfiee check. When the bids were rejected, they were returned automatically by t:uu finance dcpactment and he didn't know it. The hid bond is really only for one purpose, and that is to guarantee to the city the man is willing to provide the service for the amount he says. Mayor Ferre: I understand, how about the difference between one bid and the other one. Mr. Grimm: The difference between the bids is the difference between 38,000 and almost 55,000. Mayor F,rre: His bid is 55,000, the other one is 38,000. What is your advice. Mr. Andrews: I recommend you waive the irregularity although I don't consider it an irregularity, and award it to this contractor for the 38,116.00. Mayor F=rre: Who was this contractor, Minority Systems? Are they here? person: No, sir, Mr. Earl Carroll is the director of the Minority Contractors Association of Dade County and Mr. Jack Horne is deputy director a': Lhe association also. I asked them to come with me today so they could help me explain you why we suggest that the contract be awarded to J. & J. Engineering, Mayor Ferre: Even though of course what you are telling us to do is to pay an acids.:. iona? 12,000 dollars, which is a 30% increase over the low bid. Unidentified person: Yes, we are asking you to do that because it would be in the best interest of the City. Mayor Ferre:Why? Unidentified person: The cost of'doing this job is well over $40,000. and I don't think that Minority Systems can do this job to do. for $38,000, they claim that they are going Mr, Andrews: Mr. Maor and members of the Comumission,----- Unidentified person; ---and also the specifications very clearly asked for a bid bond and they did not provide a bid bond. Mayor Ferre: Far . , is this Minorities System Inc, one of your, - -do they belong to your operation? 95 JUL 311975 the* Mr. Hari Carroll: Yes, both of these then are membera of the aaaociatioo. Mayor Ferret 1 at talking about the one who is low bidder, Minority Systems Mr. Carroll: The low bidder is a member also. Mayor -Ferre: You aren't taking any sides on this? Mr. Carroll: We know and the city knows that that $38,000. figure is out of whack, and normally what you do is kick these things out, and you will be on safe grounds with this man. It is budgeted at $45,000. Rose, by the City, and there was some miscalculations in the pipe and this Mat is right on tab. He is presently doing the building at 27th Avenue and S.W. 8th Street, he is second low bidder. Mayor Ferre: He bid $55,000. okay ,---Minority Systems bid $38,000.-----that is a $12,000. difference. Mr. Carroll: We worked with him on his bid, --we did not work with the other irr. victual on, -----we are certifying this figure , Our estimators worked on this figure. Mayor Ferre: Earl, you served on the commission and you know how these things work. We have co be careful, ----right on the legal of this thing. Mr. Carroll: There is no opposition from the low bidder. There was a miscalculation and according to law you know and I know Maurice that this man deserved the bid. He lost one 1.ke this by the way, before the Dade County School Board, because he didn't have a bond. Mayor Ferre: My position on most of these things unless somebody talks me out of thF.m ir to follow the Manager's recommendation. Mr. Andrews: This is the second time this project has been bid. The first time it was bid, the Minority Systems Inc. submitted a bid of $39,000. and some dollars bat because they couldn't get a performance bond, we rejected all the bids because this was ai.so a minority contractor, worked with, and Imet Mr. Carroll and discussed this, aid other matters relating to minority contractors, and he was aware that we had put this back out for bid just to assit the Minority contractors. We have eliminated the performance bond so that the city does not have to make any payment until after the work is completed, and I recommend that we go ahead and award this and if there is a problem wirh °,nn . signing a contract on this particular project for the difference of going to ”5,O30. I recommend that we reject the bids the second time and go back out for bidding. Mr. Carroll: Mr. Mayor may I say one thing, let's look at the tabulation of all of these bids, let's first be honest with ourselves. The low bidder is $38,000. the second low t.ictuor came in at $54,000. the 3rd bidder came in at $66,000. the next biddev tip as high as $78,000, the 4th bidder, you are going up to $100,000. ---•ei:< you knoand I know, it is not fair to run a man into bankruptcy or. default. c,re not going this route, and we are not going to recommend it even though it might I;e a member. We are recommending the right figure. We know this take -off, I can certify this take -off figure and I am asking you at this time not to with the figure that is possibly 30% below, at least 20% below the budgeted price, This is the honest and true L,.d, and he lost one like this before the School Board because he did not have•a bend ------he was low bidder, and today he is rightfully deserving of this contract. Mr. Andrews: Mr. Mayor and members of the commission, Mayor Ferre: We cannot get in the middle of whether or not the guy who bid $39,000. was right or wrong, That is his problem, when he bids a job and that is your 'rob}etnt. If you think the guy cannot perform and not do, and shouldn't 4o it, and it Is not a fair price, then you have to say so, then we go like we just did. Why was it we just took the second bidder a moment ago. Mr. Andrews: ---his performance, prior performance, Mayor Ferre; Do you think this minority outfit can perform properly? You have checked it out? Mr. Andrews; I have no reason to doubt that they Can't, The city has every guarantee, particularly in this one, we hove eliminated a performance bond, the 00 JUL 3i 197 contractor is not going 0 be paid until he finiehed all the work and new we want te encourage the minority contractors to de work for the City, let'e go ahead With this. Here is a contrattiftg fire that says they are going to do the work. Unidentified persor t was present at the teetibg, a beirf meeting where the City Manager, Mr, Hayes and you Were there, with myself and Mr. Carroll, we were discuesing possibilities of getting Minority contractors involved in the work of the City . We stand for standards and we do not wish to see, we dealt with PHA projects where they put minority contractors in bags, -with very badly budgeted and under-bidded work ar,,1 we do not want to see, and I personally think that the City may be coming back and telling us before we can develop a viable program, kicking this in our face, That is not the game. The game is to stand for standards. That job, -Mr. Harris said, the hard cost of construction on that job is about you have have an additional $5,000. require in there, -----do you mean to tell me oft that job that a comapty that bid $33,000. they did not have a cashier' check, you may have the right to waive irregularities, but that is irrespotaibility, that is not irregularities. Mr. Carroll; Our association stands behind those figures,- Mayoi Ferte: What is the will of thiecommission. Rev. Gibson: Mr. Mayor out of fairness, I think that if the Manager has to understand and T am sure he doea, this is why he is taking the position he is taking, that we expect this work to be done, and ].et me make sure Mr. Manager, you have us, the city protected. Aii•-aoako Mr. Ardrews:,Yes, sir, --- Pe. Gibson: if there is a difference of $38,000. against $55,000. I am going tv S36,000.--yre said it is right, you said it can he done for that, --that is your beziness. Ausr make sure we want a finished product. is that right? Mr Andrews: That is right, and while the Mayor is on the phone, Father, I want the City Attorney to explain a position, if you chose not to award this contract what you would have to do. M. Lloyd: The other alternative would be to reject all bids and begin another ae,vertising and ;accept bids over again, --call for bids again. This is the lowest responsive bid. Mr. Grimue I would like to correct the record for you benefit, our estimate iF not $45,0J0. but $35,000. Rev. Gibson: Well, that is even worse. We, the City estimates $35,000. they bid $38,0OO. somebody else bid $55,000.----I move the Manager's recommendation. (,arroll: Father where is Mr. Harris? Rev. Gibson; Earl we can't debate today. Mr. Carro11:1 was told by Mr. Harris what the figure was, $45,000. Rev Gibson: You heard what Mr. Grimm said. The ----one thine T have learned since I have been here, to it, and you don't hedge at all. You just cut off, eo offer ti'e motion to go with the Manager, because the place out there, Dayshore Drive, that is a credit only thing I have to say Mr. Grimm I have always found you to be right even if it is my head, and 1 am going I want a finished project. You see to all of us. Mayor There is a motion, is there a second? Unidentified person: I would like to comment, Mayor Ferre: I will not recognize you, that is not the way we run meeting abound here, 18 there a second to the motion? Mr. Reboso: 1 second the motion, Mayor Ferre; Now I recognize you for discussion purposes, Don't start telling aw how to run this meeting. 101 JUL 31.1975 Jp Mr Julio t Sorry, a bid bond. tie, the second low bidder, for, and the first low bidder did not, awarded to the 2nd low bidder. sir, the apecifications clearly ask for provided what the apeeificatione call AO technically the contract should be Bev. Gibson: But isn't it true that the director just said earlier, that when you originally bidding, that everybody put up the check and inadvertently, --hut isn't it true, that if you were able to perforta, if he gave the aaaurattte, and if we made the error, so what do you want us to do? Mr. Julia..., is a whole new ballgame. happened the first time, with the specifications, tf, the first time those bids were rejected, the second time You have to comply with the specifications, not batter what and the second time, the second bidding they did not comply and we did. Mayor Ferre: But the Manager happens to disagree with that. Mrs. Gordon: They did or did not comply with the specifications? Mr. Andrews: Yes, they complied with specifications with the one area, that we described to you, and that was in the bid bond. If we had not sent the eheck back to them, they would have felt the check was on deposit, and that is what they thought occured when they submitted the bid the second time, because it was rejected the first time. They still thought their check was on deposit. Mrs. Gordon: That is not the point. The specifications for the bid, did they or did they not meet' those specificatons? Mr. Andrews: As far as the specifications for the work and everything, yes, --the procedures, because the city returned the check is the only area that is d_fferent. Mrs. Gordon: Is that what you are referring to? Mr. Julio ? Yes, I am saying that the check was for the first bidding, not for the second bidding, so they didn't provide the new check for the second bidding. Mrs. Gordon: Mr. Andrews is saying that he accepts that responsibility as au error of the City, and not of the bidder. Mayor Ferre: I am going to tell you as Mayor of the City of Miami, and I am going to call for a vote in a moment, I am going to make a flat statement, that I would not be a party to voting for this City to spend another 12 thousand dollars when there is a low bid on record, which the management is recommending, I am not going against the Manager's recommendation, and I am not going to spend 12 thousand dollars more, and as far as I am concerned, the matter is a simple tech•::Lc: 1ity and if you want to go to court, that is your right. I call for the vote, The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO, 75-718 A RESOLUTION ACCEPTING THE BID RECEIVED JULY 29, 1975 OF MINORITY SYSTEMS INC. IN THE AMOUNT OF $38,116. FOR THE ORANGE BOWL -WATER MAIN IMPROVEMENTS-1975 (2ND BIDDING); AND AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO EXECUTE A CONTRACT WITH SAID FIRM; FUNDS ALLOCATED FOR THIS PURPOSE FROM THE ORANGE BOWL FUND BALANCE l N d JUL 3 ...197 (Mere follows body of resolution, omitted here attd on file in the Off ice of the City trier)) Upon being seconded by Commissioner REboso , the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mts. Obtdon, Rev. Gibson, and Mayor Ferre. NOES: None. ASSENT: Vice -Mayor Plummer Mr. Lloyd:Mr. Mayor, you passed a resolution accepting that Mayor Terre: Read the otdinance,m,-- Mr. Lloyd thereupon read the ordinance by title only. AN ORDINANCE ENTITLED - AN EMLRGENCY ORDINANCE AMENDING APPROPRIATIONS ORDINANCE NO. 8316 ADOPTED OCTOBER 10, 1974 TO PROVIDE FOR THE ADDITIONAL APPROPRIATION OF $3,216.00 FROM THE ORANGE BOWL FUND BALANCE TO COVER THE COST OP THE ORANGE BOWL - WATER MAIN IMPROVEMENTS- 1975 (2N!) BIDDING) AS FOLLOWS: CONTRACT COST $2,871.00; PROJECT EXPENSE $287.10; INCIDENTAL EXPENSES INCLUDING ADVERTISING, TESTING AND RE- PRODUCTION SERVICES $57.90; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Was introduced by Commissioner Gibson and seconded -by Commissioner Reboso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. Absent: Vice -Mayor Plummer Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Reboso, adopted said ordinance by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon ;ouumissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NoES: None Absent; Vice Mayor Plummer SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8430 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. JUL 31 1975 26$ AWARD BID - CITY HALL AIR CONDITIONING IMPROVEMENTS PHASE 11-1975 The following resolution was introduced by Commissioner Gibson , who moved its adoption: ESOLUTION NO. 75-719 A RESOLUTION ACCEPTING DIP OF SOLO AIR CONDITIONING IEATING CO. INC, IN AMOUNT OF S12,885, FOR CITY HALL AIR CONDITIONING IMPROVEMENTS JP 8 II)- 1975; AND AUTHORIZING FCUTION OF fONT 10j JUL 311915 (Here follows body of resolution, omitted here and on file itt the Office of the City Clerk) Upon being seconded by CottttiasionerReboso , the resolution WAS passed and adopted by the following vote. A'BS: Mr. keboso, Mrs Gordon, Rev. Gibson and Mayor Perm HOES: None A}3S1": Vice -Mayor Plummer. Mayor Ferre: 1 hope this is our last expenses on air conditioning, and all that. JUL 31 1975 27 AWARD BID - BICENTENNIAL PARK -PHASE 11 PROJ,3 UTILITIES AND SITE BEV DISCUSSION AND JECTION_ OP,_ALL_BIDS Mayor Fcr.e: Letts take up Item C which is Bicentennial Park Phase II. I assume that is what Mr. Stone is here on. Mr. Andrews: Yes, we reveived two bids and 1 would like Mr. Stone to come forward and explain the bids and then, Mayor Ferre: Who are here on this item, would you raise your hands? 1 saw Mr. M.R. Harrison and Rod Overholt before, they are on the other item? Rev. Gibson: Which item was that? Mayor Ferre: That is on Item D, we are now on Item C,--the trees and grass? Mr. Andrews: A11 the amenities that go into the park, this is the last two contracts to be principally let for all the work. Mrs. Gordon: Do they include the sensory park? Mr. Stone: Yes,-- Mayor Ferre: What do you recommend? Mr. Stone: Regrettably Mr. Mayor we are over budget, when I spoke with the Commission last week, the first two bids had been several hundred thousand dollars under budget, unfortunately we are now with seawalls and including cash allowances we are $345,000. over budget. Mayor Ferre: Wait a minute, $345,000. on this item? Mr. Stone: On total, Mayor Ferre: That is not so bad, I thought you were going to be a lot more than that. You are only $345,000. over on how bid a job? Mr. Stone; 4.2 million budget, sir, Mayor Ferre: The budget was 4.2 and you are how much over? Mr. Stone: $4,534,813.81-included in that total is our cas allowance of $224,000. Mayor Ferre; What you did is you cut out the extras? Mr, Stone: Deduct alternates have been accepted, yes, Mr. Mayor, Mayor Ferre; The deduct alternates, what does that take out? In other words you are going to get a stripped down price? Mr, Stone; No, sir, These have all been reviewed with the City Parks and Recreation, the deduct alternates in contract 3 were substitution of asphaltic concrete for 4 material called deletion of some path lights, the 10‘i JUL 1 / high task system, --- Mayor Terre: The what system? Mr. Stone: ---the high mask, the over-all illumination system, there vas deletion of tile finishes in the labratory, it the 4th Contract, we deleted some sod and sprigging instead, we ate going to 6 to 8 inch ground cover spacing vs, 12 inch and reducing some tree heights, and these have been reviewed with Parks and Recreation attd are acceptable to them. Mrs. Gordon: Mr. Stone, at this point In time, is the detailing on that sensory park, all we saw was a picture taken out of some book which really didn't show the what that kind of a park was really going to be. Mr. Stone: It is in progress Mrs. Gordon, and t at sorry 1 didn't have it today. Mrs. Gordon: Have you included as 1 asked before some audio equipment and the braille, and the enlargement of the area, --- Mr. Stone: Yes ma' am , Mrs. Cordon ----the rails to hold on, so they know where they are walking? Mr.Stoae: I know the Commission is recessing, but if you are going to be in the Miami area, ---- Mrs. Gordon: I will be in Miami most of the month, Mr. Stone: As soon as it is completed we will bring it to you for review. Mrs. Gordon: Thank you. Mayor Ferre: What are we going to do on this? Mr. Andrews: Mr. Mayor I don't understand the figures yet, and we had be'ter get to that. You are deducting roughly about $320,000. worth of work cut of the main bid which is $3,774,000. That brings that bid down to about ----in round figures, 3 1/2 million dollars but the project estimate for that work was 2 1/2 million dollars, is that correct? Mr. Stone: That is correct sir, 2 million, Mayor Ferre: Now you have me all confused. • Mr. Stone: I was talking on all 4 of the contracts. r am lumping them all to etner. Mayor Ferre: I don't think that is so bad, if we are 300 thousand over on a 4.2 million dollar job. I don't think it is great. If we can do this job and it is still less than 10% over what we estimated. Mr. Andrews: this bid which is $118,000. storage to the 330 or so, - There is one more element that was added and was part of not being included in Mr. Stone's accounting here, is building, that should be added, so you add the $118,000, MAyor Ferre: What is he choking about? Mr. Srov.ie: That shows what happened to my estimating. Something went ract:cally wrong. We estimated at a much lower figure, Mayor Ferre: That worries me too. You mean your figures don't include the $118,000, shed? Mr, Stone; It was an add alternate, that Mr. Andrews; We think that is critical, after we get in there we want to have proper facilities to maintain it, so what you are talking about is $450,000. to be added to the project cost if we want to go ahead at this time, JUL 311975 Mayor Ferre: Let ea oak you a question, can we do for exatple the green the trees, and all of that without getting into all this other atuff? As understand the low bid on this thing was under the estimate. Mr. State: We have four contracts Mr. Mayor, there were 3 under -bid, one was dramatically overbid, Mayor Ferre: Which is the one that is over? Mr, Stone: The hard constructions utilities, concrete,= Mayor Ferret Who was the low Bidder on that? Mr. Stone: M.B. Harrison & Company, — Mayor Ferre: What was his bid on that. Mr. Stone: Their bid was, ----base hid,y----3, 7 Mayor Ferre: No, no, with all the stuff stripped off,with the alternates that is what counts isn't it? Mr. Stone: Yes, sir, all stripped down its 3 million, 293,-`--- Mayor Ferre: 3 million, 293, let me ask you this, what was your estimate, that should have been, ---- Mr. Store: Our estimate was 2, million 710,---- Mayor Ferre: 2 million, 710, Mr. Reboso: a half million dollars, --- Mayor Ferre: What was the price of the next bidder? Mt. Stone: $3,809,728.00- Mayor Ferre: You mean from 3 million 293, they went to 3 million 8-- stripped down,____ Mr. Stone: Excuse me, stripped down, 1 haven't made a.cost comparison of those two. Mayor Ferre: Then give it to me without stripping, what was Harrison's low bid? ;r. ::tone: -----base bid, $3,774,000,00 Mayor Ferre:What was the next bid? Mr. Stone: $3,809,728.00 Mayor Ferre: What was the next bid? Mr. Stone: $4,080,000. Mayor Ferre: What was the next bid? Mr. Stone: That was it sir, that is one of our problems, Mayor Ferre: We had only 3T•bidders? With the lack of work in this town, and you only had 3 bidders? Mr. Stone; What we have surmised Mr. Mayor and Commissioners is, my assumption is, we had some 20 sets of drawings picked up by general contractors. I have a feeling they thought it was ,just a park without some of the features we have all wanted in the park, got down to the wire on bidding it. Mayor Ferre: Got scared Mr, Stone; ----started scrutinizing and threw up their bande,-- lOts JUL 3 , 1975 Mayor Ferre: Let me askyouthis, now, who were the other bidders? Mr. Stone; M.k. Harrison was the low bidder, Marks Bros. Company Wm the 2nd low bid, and Bartlett Construction.-.,--.. Mayor t~erre: Those Mete three good firms, Bartlett, Marks and Harrison, Mr. Stone: That is right. Mayor Ferret tet the ask you this, if, and t at$ just asking,Father don't get excited, on the stripped 3 million, 292, ttow he said he wanted to get it to 2 million 710, so the difference is,--altost $580,000. Mr. Andrews: And that is without the $118,0004 building. Mayor Ferre: Is there any way you think that if we were to ihstruet you to go to work -----I don't know if this is legal or not, but sometimes in the private world, what we do is work with the low bidder to see if we can get them down. M. Andrews: There is no legally you could do it, or no way legally I could do it. Mayor Ferre: We can't sit down with this guy and say now look, why don't you cut this down $50,000. or that $100, 000. ---- Mr. Lloyd: We can't do that. The only way you could to it is reject all bids and readvertise for bids. Can Mr. Reboso: We have new bids for September 4th for the next City Commission meeting? Mr. Stone: We figured it out Mr. Reboso, you can't have it with the advertising period in a realistic, Mayor Ferre: Can you have it by the second meeting, Sept. 28 and would you make it a point Mr. Stone to try to get more than 3 bidders on this. Mr. Stone: Isurely will, Nr. Andrews: Mr. Mayor if I can interrupt you, what we are going to do if you permit us, to do this, and that is reject these bids and start all over again, in both contracts, is that we are going to design a proposal with Mr. Stone's assistence wherein a large number of smaller contractors can bid individual projects, ---- Mayor Ferre: Now wait, you are talking about the base bid, I don't see any reason why you should penalize the people that were low bidder on the plants and all that, if they were under budget. They bid fair ans square, and I don't think you ought to throw them out. Mr. Reboso: I move we reject the bids, — Mayor Ferre: We reject the base bid but that doesn't mean we are going to reject all these other bids, we are going to accept the low bid on the others, is that right? Mr. Stone: I think we ought to consider contract No. 3 and contract NO. 4 separately, your Honor, they are two different contracts and I think the Department of Public Works has some observations on contract 4, Mayor Ferre; The motion by Commissioner Reboso is that we reject bide as submitted by these 3 basic contractors, 47-C and resubmit for a reschedule of bidding September 25th. Can't do it before then? • Mr, Stone; No, sir, just for the two weeks advertising period, it is a large enough job so we would want adequate bid time for, Mayor Ferre: Can't do it before then, uh,----if we have a special Commission ,11 JUL 3119i5 Meeting,-'t am jttat trying to get ahead a couple of weeks. Mr, Stone: you could have a apeciai meeting, ---we could do ito- Mayot Perre: Okay, I take it all back, the Motion la for September 25th, is there a second? The following motion was inttoduted by Commissioner Reboso, who moved its adoption: MOTION NO. 75-720 A MOTION REJECTING BIDS FOR BICENTENNIAL PARK UTILITIES AND SITE DEVELOPMENT; AND AUTHORIZING READVERTISEMENT FOR BIDS Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following voter AYES: Mr. Reboso, Mrs. Gordon, Rev. Gibson and Mayor Ferte. NOES: None. ABSENT: Mr. Plummer. SEEK DONATION OF TREES FOR BICENTENNIAL PARK JUI. 3 1 1975 Mrs. Gordon: Mr. Stone mayI ask a question before you leave? You know the architects have always been interested inthetree bank concept and the use of trees that are being relocated, are we taking advantage of•their offering? Mr. Stone: We have certainly tried to, we have solicited wherever possible in expressions of interest, we have not publicly advertised, I think at this time it might be well to go ahead and see if there are available trees in the community. Mrs. Gordon: It would be a good idea, because we could possibly, you know how expensive each one of those trees are, --- Mr Stone: Indeed r do, ---- Mrs. Gordon: ----we could root -prune them and get them ready for location ----how do we proceed, do you need a motion from us for you to do that? Mr. Andrews, I am suggesting that we see if there are trees available within the community that are going to have to be relocated for construction purposes, other purposes, that we let the public know that we are interested in receiving these trees. I would like to move that. I am asking for the public to be made aware of the fact that we are soliciting contributions of trees that are going to be relocated or can be relocated to be placed in Bicentennial Park, and the architects are particularly interested in the salvaging of trees, and this would fall right in line with what they want. I so move, The following motion was introduced by Commissioner Gordon, who moved its saaprion: MOTION NO. 75-724. A MOTION REQUESTING THE CITY MANAGER TO SEEK DONATIONS FROM THE PUBLIC OF TREES TO DE REPLANTED IN BICENTENNIAL PARK 108 J U L 31 1975 Upon being seconded by Commissioner Beboso, the motion tans passed and adopted by the following vote: AYES: Mr. RNboso, Mrs. Gordon, Rev, Gibson and Mayor yerre. NOES: None. ABSENT: Pict -Mayor Plummer J J . 31 1976 AWArD BID •- BICENIENN!AL PARK PHASE II LANDSCAPING $ IRRIGATION DISCUSSION .AND. _REJECTION of ALL. _BIDS_ Mayor Ferre: The next item, what is your recommendation? Mr. Stone: We have a bid Mr. Mayor, --the low bid is $532,000.00 base bid accepting the alternates, --let me give you the base bid without alternates,' $646,000. with the second low bid of $648,000.00 Mayor Ferre: Uow, only two thousand, Mr. Stone: --against a budget estimate by our firm of $850,000.--- Mrs. Gordon: That is for shrubbery and trees, and thing? Mr. Stone: All landscape developments,--- Mayor. Ferre: Can we proceed on that? Mr. Stone: Apparently there is 3 bid irregularity I think Mr. Grimm would like to speak to. Mrs. Gordon: While he is moving to the mike, how can we save on that if we contract with them, and you are able to receive trees? Mr. Stone: We could bid each tree on a unit price basis, if we were able to receive trees from the community atlarge we would get a price for installation only. Mrs. Gordon: Okay, Mayor Ferre: Let's find out what Mr. Grimm wants to say. Mr. Grimm: My purpose behind recommending that the commission reject the bids on Phse 4 is, has really nothing to do with the irregularities although theyv are som;, but the commission has the authority to waive them. The reasoning is this, is that if we reject Phase 3 which we have done, we are in a good position to combine Phase 4 with it to split it into two separate parts, to make a total bid on the whole project with separate items bid, Mayor Ferre: I am against that, that is morally wrong. I don't mind you throwing out a job because they are over budget, but for somebody to come in and take his time and bid this job, and come, when you estimate $850,000. they committed $646,000. which is substantial , and for you to tell me you are going to throw it out because you plan to get a better deal later on, in my opinion with all due respects to you, is morally not right. If they are low biddgers, bona fide people, I think it is wrong to throw it out, If -we did things that way, ----in the other case it is different, because they were over the estimate and we don't have the money. It is just that simple. We don't have $600,000,00 but T think it is morally wrong to make these people go through allthe work they had to go through to bid this thing, and when they are the low bidder not award it. Tell me because there is a two -thousand dollar difference the low bidder and the one next to them. I want to know who the two companies area Mr. Stone: Jacaranda Nurseries, -- Mayor Ferre: Who is second? Mr. Stone: Pestonit, Mayor Ferre: Is Jacaranda bidder beret You tom up here, m Kare you a Miami outfit. Unidentified person: No, sir I am tot. Mayor rerre: Where ate you from? Unidentified person: broward County, rt. Lauderdale. Mayor Ferre: Are you Miami outfit, (to other bidder)? tlnidentitied person: Yes, t am a Miami outfit. Mayor Ferre:t want to remind this commission that we passed a resolution Rev. Gibson: I made it clear that I hoped that in the future one of the first considerations would be if a than is able to do the work and he is from Miami that he be always considered now, ---it is alright for :ae to look out for the other folk,--- 06, Mayor Ferret'I want to know what the difference is between the first and the second bidder, exactly in dollars. Mr. Andrews: $1,230.00,---- Mayor Ferre OUt of a total of how much, Mr. Andrews: ----of the base bid, Mayor Ferre:---on $646,000.00, the difference is $1,230.00? Mt. Andre-ws Right, Mayor Ferre: Let me ask you this question, ---do they have a bond, --does everybody have bond, occupational licenses, permits or whatever it is, Mr. Grimm: They have bonds, they do not need occupational licenses. Rev Gibson: 24r. Mayor let me as'a question, what about, --we have some tight belts now. mayor. Ferre: Are there any irregularities in any of these bids? Mr. Grimm: Yes, the apparent low bidder under these figures, submitted his proposal on the wrong page. Mayor Ferre: But that is a technicality, we are not going to hold that against him. .` hei than a technicality are there any other irregularities in the bid? Mr. Grimm: No, sir. Mayor Ferre: And you are satisfied as to the bond. Mr. Grimm: Yes, sir,- Mayor Ferre: There is no need for occupation license? What is the administration's recommendation on this? MB, Andrews: We have already had an expression from you, that what we were going to propose is not the proper thing to do. Our recommendation was to r0 ect t"..f aids and divide this project into to parts and receive a total bidand receive in two parts, so we could hope to do better than this because of this irregularity, and because we were going to recommend a rejection on the major portion of the work. Mayor Ferre: Now we will hear from both firms, l think we ought to hear from the low bidder first. Unidentified person: I think Mr. Stone had mentioned there were quite a few alternates in this job. I don't have the exact figures by comparison with the other bidders, taking these alternates into considereticn, this does make quite a difference in money, In other words, if these alternates are deletion from the base bid, and the altercates which we had submitted are cotsiderably more that the alternates of the other bidder, so by using this 1 feel that our bid would be substantially lower than the other bids. Mayor Ferret Anything else you want to say? Unidentified persona I would like there would be at preference given to, this may have somewhat detertlned the which were submitted to me, to say I was unaware when bidding this, regardless of where a person was from, bid too, I bdded based on the specifications Mayor Ferre: Mr. Andrews, I know that that resolution that we passed is of recent vintage. Mr. Andrews: Mr. Mayor and Commisisoners, commission it the past, over the years, and you have just reinforced once again what has been adopted, for almost 15 years.' Mayor Ferre: That is not the point my friend. The point is, that when a man goes out and bids, he has to be told, because I am not a lawyer, but after the fact, you can't tell a person after it is all over that that the law you can apply to aim, if he didn't know when he was doing it. In other words what I am saying is that in the future, you have got to put in all bid documents, a copy of the City of Miami resolution that says that we give preferential treatment on a priority basis, one, things that are Miami based, two, Dade County, three, Florida and four, American, in that order. Mr. Andrews: Also there is one qualification and all other things being equal, --- Mayor Ferre: all other things being equal, that is where we are at, there is a difference of $1200.00. Mr. Reboso: Mayor Beam in New York has established a procedure that when the bid is not in excess of 10%, it will go for the local, Mayor Ferre:---now, we are getting into a definition of how equal is equal, -- Mrs. Gordon: One is a Ft. Lauderdale firm, is that it, and the other is a City of Miami location, is that it? The seoncd bidder, where is your firm located? Unidentified person: 5749 S.W. 8th Street,- Mrs. Gordon: Oh, you are in the cty of Miami? Rev. Gibson: Mr. Mayor let me ask a question, isn't it a policy that in the bidding process, I always remember, or maybe I am wrong,------ I am not going to ask that, Mr. Julio Pestonit: I am Julio Pestonit, President of Pestonit Nursery and Flowers, the bid documents refer very clear to a certificate of competency which is true, we don't need, but as a prerequisite to bid, --it was very clear in 3 part of the book that you need an occupational license and Jacranda Nursery didn't have it at that time. Mayor Ferre: Now Vince Grimm you had better listen to this, because you say he doesn't need an occupational license, and this wannow says he does need an occupational license? Does he or doesn't he? Mr. Grimm; Well, you have to take his word or mine Mr. Mayor. Mayor Ferre: I am asking you to review to make sure on the record what is going on. Mr, Grimm; That is wilt Iam telling you, according to the Tax Collector, occupational licenses are required for people whose place of business is in the City. His place of business isn't in the City, JUL 1975 Mr. pestont: But it was a prerequisite in this specific bid. Mayor Ferre: Mr. Grits has the floor. Mt. Grimm:-=zyo..o Licenses, as a prerequisite to the submission of a bid, the bidder shall told a valid certificate of cottipetettcy as issued by the appropriate examinittg board of Metropolitan Lade County. Landscape contractors are not included in that requirement. No, 1.--'Mo. 2 , as a prerequisite the signing of the contract, the bidder shall and all his subcontractors shall hold a County municipal occupational license as issued by Metropolitan bade County, provided they live here, and he 'hasn't signed the contract yet. The point he makes about the prerequisite of bidding has to do with a certificate of competency, but there is tone required for a landscape contractor. Mr. Reboso: But you need a occupational license, it is prerequisite, — Mr. Andrews: You do that before thcyr sign the contract. Mr. Pestonit:--because a certificate of competency is based on a professional license, and that was a prerequisite of bid. In page 2 of the proposal they didn't use the revised one, and they say very clear this addenda is an essential part of the contract document. Mr. Grimm: I called that to the Commission's attention and I believe the Mayor said that was not very valid, ---I said he filled it out on the wrong page. Mayor Ferre: We have to go what our staff recommends. I am very sorry, I would like to be able to agree but I don't see that we have any choice. Mr. Reboso: What I am saying is, that in my opinion I will move to follow the recommendation of the administration. Mayor Ferre: What is your recommendation, Mr. Manager? Mr. Andrews: Because of all of these complications, because the project number three was rejected, because project number 4 can be further subdivided and still receive a total bid which won't exclude the two of these gentlemen from rebidding this work and because we're going to get new bids on that it is our recommendation that you also reject these bids and give both of these firms a fair opportunity to supply new bids. Mayor Ferre: All right, we have a motion on the floor. UNIDENCI.i Ijai) SPEAKER: He said that there were some of the problems on this ..0 gurdir,g this licensing thing. There is also in the specifications which gives a place to call regarding the license ... Mayor Ferre: Look, that has been clarified. He clarified it. We have to go by what Vince Grimm says. We're going by the Manager's recommendation. Mr. Pestonit: Mr. Mayor, on page 2 of the proposal the use for irrigation, of course, is a subcontractor and the name of this contractor is and they use a certificate of competency in that item instead of a professional license, what it called for and that certificate of competency belongs to a company, Marine Foundation. Mayor Fern': Look, that's not going to change the vote here, Would you make sure that next time we go around bidding these things this doubly sure that everybody understands what these things all mean, Well, you have to have a bidder's conference and then you.,. I'm sure you do that anyway, don't you, Vince? Mr. Grimm: We have bidders conferences on some jobs, Mr, Mayor, and we should have had one on this. Mayor Ferre; Well, have one on this one, would you so we don't have any of these things come up to us again. 1 4 JUL 311975 The following motion vat introduced bye Dormiasiener Reboso who rove its adoptions MOTION NO, 7J722 A MOTION REJECTING SIBS RECEIVED POR R10ENTENNIAL PARR LANDSCAPING AND t1U IOATION AND AI THORIRUNG READVERT/SEMENT POR BIDS. Upon being setbttded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Comthissianet Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayors Maure A, Perre Absent :Vine Mayot Plummer NOES: NOne. ,! 131 1975 30, AWARD BID PARKS SHELTERS AND COMFORT 'STATIONS- 1975 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-723"A" A RESOLUTION ACCEPTING THE BID OF OVIDIO P. RODRIGUEZ, JR. IN THE AMOUNT OF $78,750 FOR PARKS - SHELTERS & COMFORT STATIONS 1975 (ITEMS 1 & 3); ALLOCATING THE AMOUNT OF $78,750 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $1,575 TO COVER THE COST OF INCIDENTAL EXPENSE; t.ND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) .Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES: None. Absent:Vice Mayor Plummer The following resolution was introduced by Commissioner Gibson, who moved its adoption: AYES: RESOLUTION NO. 75-723"B" A RESOLUTION ACCEPTING THE BID OF AD-A-LITE ELECTRIC, INC. IN THE AMOUNT OF $52,00 FOR PARKS - SHELTERS & COMFORT STATIONS - 1975 (ITEMS 2 & 4); ALLOCATING THE AMOUNT OF $52,000 FROM THE ACCOUNT FROM SAID ACCOUNT THE AMOUNT OF $5,200 TO COVER THE COST OF PROJ- ECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE'AMOUNT OF $1,040 TO COVER THE COST OF INCIDENTAL EXPENSE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev,) Theodore Gibson Mayor Maurice A, Ferre. NOES: None Absent; Vice Mayor Plummer 113 JUL 311975 JUL 8 1 187 31, RIVERSIDE BAPTIST CHURCH PROPERTY ACQUISITION AUTHORIZE MAN/UM TO DRAW CONTRACT Mr, Andrews: Mr. Crouch will brief the commission on the details but I'm happy to report that we have successfully negotiated what we think is a proper purchase price for the acquisition of this property and I'M happy to recommend to the commission that you authorize us to enter into purchase of Riverside. Mayor Parte: What is the price? Mr, Crouch: The final negotiated price was $105000000 and this is the base price for the putchaae of the entire property with furniture and fixtures included. Mts. Gordon: And what was the appraisal on this? Mr. Crouch: The original asking price was $1,750,000. The city had an apptaisal of $11400,000 and the church had an appraisal of One million eight, nine sever: five hundred and the furniture and fixtures were estimated at the church and asked to purchase it at $125,000. Mrs. Gordon: In other words you got it at our appraisal including the... Mr. Crouch: Plans the furniture and fixtures and in essence it is a little higher than our appraisal. We did pay them a little above the appraisal. Mrs. Gordon: But not very much. And how are we paying for this, with our Parks Bond money? Mr. Andrews: No, Community Development Funds. The county is participating with us the amount of $650,000, $675,000. Gordon! Any strings attached by the county? Mr. Andrews: No, you remember now the county is going to cooperate with the city and they're going to help set up a portion of that center to render ser- vices to the total community. This is all worked out with the Community Task Force, t1ayor Ferre: No Paul, this is our property. plx. Andrews: Oh yes, sir. Mrr. Gcirdon: And we have control -over what goes in it? Mr. Andrews: We have control over it. Mayor Ferre: Alright, now Reverend, are you happy with this price? INAUDLJLL Mls. Gordon: That's a diplomatic answer. Mr. Crouch: Mr. Mayor, one thing that we do have,.depending upon final closing there would be any deferred payment, what Mr. Andrews was telling you is that we have presently in hand or committed $750,000 from Community Development money this year from the city's fund; $675,000 from the Metro funds. We anticipate about $300,000 in alterations to make the church usable to the programs. We're going to be pitting together a package whereby this will all be accomplished out of this year's community development funds and next year's which we estimate about $300,000 would have to go into it, We are going to defer payment to the church of a portion of their amount of money in the base price of $1,500,000 will be... We will be making en adjustment in the base price to the church to rvcompense them for out of pocket costs for the deferred payment which will not exceed 5% Ob the unpaid balance but we're not allowed to pay interest from CD moneys so we're adjusting the base price. Mrs. Gordon: When are we going to be able to close and when the contract be...? Mr. Crouch; As soon as we can get the materials up on the abstract and we have talked to chew about using part of this property in advance of the closing if possible. 1 1 14 JUL, 3 1 1975 • • Mre. 'Gordon: When are ve going to aigt a tontract with them? Mr. Crouch: What we will do with the City Comission's authority to move forward with this we would enter into the agreement and get a contract* Ctrs. Gordon: I'll move it. And I remember the Mayor said we're going to have a day care center there. You know, t heard that, Mr. Mayor. Mayor Vetre You heard it and you heard it good now repeated. And I also want to repeat for the record that I had a whole series of secret negotiations on this one too attd I watt to report so that now that it's done... But before you vote I want to tell you whet the aeeret negotiations were. I went to a wedding, it was not a secret wedding, and at that wedding I met the reverend.atid major Shelton came to me and told me that that church was for sale. I went over to the Reverend and we discussed it. We discussed it in secret. Mrs. Gordon: t wish i had you for a salesman in my office. Mayor- Terre: Now I want you to know that' I held a whole series Of secret meet- ings and that those secret meetings went on for a period of two months and that Mr. gill Scheer was involved it those secret meetings, that ter. Paul Andrews and I on one, maybe two occasions went to meet with these people without anybody else's knowledge and that we concluded this to my satisfaction and to Paul Andrews' satisfaction to the extent that we thought it was reasonable and at that point we brought it up to the commission. Now again, I repeat, I'm sorry I did not tell the commission the whole story from the very beginning because I didn't think it was necessary or appropriate to divulge all of this and bother the commission with the details of it until I in my opinion thought it was a reasonable price, a do -able project. We had to work out where the money was codling from and what type of uses would be and whether or not we could Metropolitan Dade County to cooperate. That was all done and after it was done, then we came to the commission and discussed it. Mrs. Gordon: Who discussed it with Metropolitan Dade County. Mr. Andrews: We did, --- Mayor Ferre: He did and I did separately. I talked to Ray Goode on this. Mr. Andrews: I had my staff communicate with their counterpart in the county, and that was discussed as far as community development was concerned, and we put a package together based on uses worked out real well. Mayor Ferre: The phantom strikes again. Mrs. Gordon: Maurice, you are going to get a reputation. The following motion was introduced by Commissioner Gordon„who moved its adoption: MOTION NO. 75- 724 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO PROCEED WITH THE ACQUISITION OF THE RIVERSIDE BAPTIST CHURCH PROPERTY Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr.-Reboso,Mrs. Gordon, Rev. Gibson and Mayor Ferre, NOES: None ABSENT: Vice Mayor Plummer JUL 31 1975 CONSIDER REQUEST OF; INTERNATIONAL CENTER OF FLORIDA FOR ALLOCATION OF FEDERAL REVENUE SHARING FUNDS AT THE TIME THE COMMISSION CONSIDERS FRSF ALLOCATIONS Mr. Milt Fisher: My name is Milt Fisher and Iam here today representing the International Center of Florida which is a civic organization, I ,am accompanied by most of this group of very patient aad very fine key citizens of our area, who could undoubtedly express this in much better form. our purpose here first is to appologize for our lateness•in appearing in front of this group. We were not aware until just recently, a couple of weeks ago, of the possible abailabi1ity of funding out of federal. revenue .*1 ari.ng funds, and we did write to the good Mayor requesting to appear herein front of you 1.13 JUL 311975 all, and we appreciate you special consideration in having un sppear here today, Our purpose is to request funds for the 1Nter iationtl Center of Florida. Those of you who may not by aware, the International Center of Florida in a civic organization, which is eanentlglly,.qnvolved itt the furtherence of international trade, and international culture, in recognizing; the iinique situation of Miami, particularly iti international cotetnerce. Mr. Andrews: Excuse air, we ate inadvertently putting the City Comtniasiott in a very awkward position and if you bear with me I would like to explain why. These people are asking really procedural matter rather than to include a description of what they are proposing to do. They were not aware that the City Commission would be entertaining proposals for .programs for revenue sharing. They would like as a first stage, and I am going to•speak for you if I may, re- quest of you, that their project be considered and they be permitted to supply us with an application to be considered, and they are attempting to describe their project to you which will come at a much later time when everyone else Mayor Ferre: We ought to make the motion here to make them an exception and waive the time requirement and let them be Mr, Andrews: If the Commission wishes that, we would send them theforms and all'other information. Mrs. Gordon: Sr. Andrews, some time ago, I forwarded to you, an application for their organization that we be a member as a group, -»--I would do it I were in a position to do it personally, but as a group we ought to be interested in the international aspects of this community, and be a participant in their ventures, but I haven't heard anything from you on it, so do you become a member of it? Mr. Andrews: I don't think so, Mr&. Gordon, I am not sure. Mrs. Gordon: I ask you this simpley because that is separate and apart from what we are considering now, but it is pertinent because they are here. Will you look into that please? I move we allow them to make a presentation. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-725 A MOTION OF INTENT TO CONSIDER THE REQUEST OF THE INTERNATIONAL CENTER OF FLORIDA FOR ALLOCATION OF FEDERAL REVENUE SHARING FUNDS AT THE TIME THE COM- MISSION CONSIDERS THE BUDGET FOR ALLOCATION OF FEDERAL REVENUE SHARING FUNDS Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr Reboso, Mrs. Gordon, Rev. Gibson, and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Plummer. J!JL 31 1975 33 , PERSONAL APPEARANCE "BAL T FOLKLOR I CO OF COLUMBIA Vic AL.BoRNoz REQ ST FOR FUNDING ETC, Ms, Vicki Albornoz:My name is Vicki Albornoz, distinguished Mayor and Commissioners, I recall that around April 10 I was here asking for your support or funds to bring down the Ballet Fioklorico from Colombia as part of the Bi- Centennial celebration. At that time the Mayor and you -people told me that I could count on your support. Now, I come to ask you for $6,000.00 that it will cost to bring down the Ballet from Colombia, and that is the of the Impresario, --the moraii.g we go to the Impresario who will take care of bringing down this crew for one Ca)? performance at the Dade County Auditorium, So before I sign anything I want to know if the City of Miami is able to give us those JUL 311975 116 $6,000.00 betauee I do have to respond to them very quickly, and 1 went to leave it up to you to tell me one way or the other. Mr. Andrews: Mr. Mayor and umbers of the Commission, tomorrow Morning about 8 o'clock we will be delivering the City budget to you, 1 highly recommend that you take no aetion on this until you receive that budget and hake your decisions in reference to this attd other matters that you are going to have to fund because you ate going to find that the City of Miamiswell, you will see better when you see the budget tomorrow. It may be possible to assist but the Commission will have to tread very carefully, and I suggest you do that only after you get into budget hearings. Mayor Ferre: Vicki, I hate to tell you this, but right now there is no way can pull the money utttii We go through the budget. Ms. Albornoz: How soon do you Want me,------ Mayor Ferret When is the Ballet coming? Ms. Albornoz: The thing is that the presentation is going to take place -----suppose to take place, on October lst. Before I sign, I want to make sure and I want to know when 1 can tell these people that I will be able to sign the paters, otherwise I will have to pay the $6,000, from my own pocket. Mayor Ferre: You can afford it, but we don't want you to do that. what do we do about this? We went on record. Ms Albornoz: I know, Ithink it was April loth. Mr. Andrews: I can't recommend this to you. You can act and do the things y'u ?eel you .geed to do, but I can't recommend this at this time. We have personnel problems and other things, ---- Mr . Albornoz: What do you want me to tell them? You have to wait? Mayor Ferre: Today, we don't have the money, --we will look at the budget tomorrow, and we will have to go through the budget hearing which will be on 2nd, 3rd and 4th and I want for the first time in the City of Miami history I am hopeful that this commission will pass this budget in the first week in September which we have never done and I hope we will be able to do that. I don't know whether we can, ---I hope we can. If we do that like Metro does, they get in there and goy 1,2,3 and that is it ---what happens to us, we agonize for a month then give certaia people who like to take on the City of Miami to rip us apart, I am not going to name who they are, an opportunity to rip us more. Mr. Andrews: Mr. Mayor it is my objective this year during the month of A';;ict when I come back about the 12th or so, shortly thereafter I'll be a;! tech of you personlly, one on one, two of us sit down, on an individual basis and take 3 o4 4 hours and go throught the budget page by page after you have looked at it to try to respond to your questions and your concerns so that when you come to the meeting you are in a better position to get through the work area. Mayor Ferre: Mr. Andrews I don't want to criticize your predecessor or predecessors, let me tell you, the big problem with this budget, and I used to sit here and agonize and see what was going on, is that nobody ever knew what the hell it was all about, and we would vote blindly. I would spend hours and hours, and I used to get my own accountants to try to put it together and let me tell you, no way. Mre. Gordon: I'll tell you I have had an accountant look at it for the past: three year, every year, Mr, Andrews; Really the budget system is really not complicated, it is just a maze ofdetails, and you get lost in them unless you know where you are going. Mrs. Gordon; I assure you that we need to sit with you. Mayor Ferre; It is very simple, if you happen to have the guidelines. If you don't happen to have the guidelines, then you have a,computer memory, 11 J U L 31 1975 and you have to maze through page 24, 38, and Mrs. Oordoh. -wand how that fits into each other,-.,-.. Mts. Alborttoz Could you keep me in mind? Mayor Ferret September 4th Vicki, - Mrs. Aibotnoz: Okay, thank you very touch. JUL 81 1975 CORNELIUS J. HOLLAND REGARDING CIVIL. SERVICE 34. PERSONAL APPEARANCE EXAMINATION FOR ELECTRICIAN AND COMPLAINT REGARDING REGISTERS AND HIRING PRACTICES Mr. C..J. H011and:Mr. Mayor and Commissioners, my name is Cornelius J. Holland, --Mayor Ferre, in some ways you remind me of Tote Dun of Elizabeth, but Totn Dunn, and you know him, because you attend the Mayor's League, --up north Elizabeth N.J. I was involved in politics, — Mayor Ferre: That isn't the guy that went to jail is it? Mr. Holland: No, I never went to jail. Mayor Ferre: No, not you, one of those politician, Mr. Holland: No, you are talking about a namesake of mine, who happens to be a fine gentleman, that was Cornelius , Mayon- Ferre: You just got me shook up a little bit, you said like that Mayor up in New Jersey. Mr. Holland: Mr. Mayor, Tom Dunn is a mayor and still is a mayor of Elizabeth N.J. and I hear from Tom every year. In some ways you remind me of him, of your determination of your ability to conduct a meeting all day long, but thank heavens we didn't have meetings all day long in Elizabeth. Pertaining to this letter, ---- Mayor Ferre: All right Mr. Holland, come to the point because we have to move on with the meeting. What exactly is the point? Mr. Holland: The point is, I explaind the point yesterday. Mayor Ferre: But we wern't listening yesterday. :r. Tolland: I passed this test, I was told when I took it, that if wanted 2 weeks to study for it I could, that it was the first time they were using this teat in the City of Miami. I told them no, I didn't need time, because I had been a master electrician for 27 years up north. Mayor Ferre: What is your point?You passed the test and they did not hire you, is that the problem? Mr, Holland: That is the problem, not only is that the problem but I would like to know why. Mayor Ferre; Who can answer that? Is there anybody in Civil Service that can answer that? Mr. Yates: Yes, sir, Mr. Mayor and members of the commission, the only reason that we can give from a civil service stand point that he was not hired, is that the department has a choice of 3 people. On January 15, 1974 had a Mr. George Frese take the exam and pass it, and had a 96 score. The department head wanted a choice of 3 so on 1/28 Cornelius H011and took the exam and passed with a score of 75, after interviewing the two the department selected the one that first took the exam and the one with the highest score. That gentleman was scheduled for a medical on 2/8/74 and failed the medical. Again the department wanted his choice of 3, We gave the examination on 2/8, one person took it, Mr. L. Bledsoe, score 92, he was hired and commenced work on 2/19. He resigned on 8/15/74, Again we gave the examination to give the department a choice of 3, this JUL al 1975 time, we had 7 candidates due to the unemployment in the construction trade, -a Mr. ,toss hies was hired. Again, it was a choice of was'tha reason he Was not selected insofar as eivii service was concerned. Mayor 'erre: One of these was Latin, were any of those black, other than this gentleman. Mt. Yates: I doit't know. t assume that the than that was hired was Latin from his name. Mayor Ferre: Okay, ----- Mt. Holland: Now, a point to the previous speaker, concerning civil service laws, I am not familiar with City of Miami laws, but when a civil service test is given, isn't that list usually good for at least one year? Mt. Yates: Yes, sir. Mr. Holland: Your name is Holland just like mine. Mr. Pate:.: No sir, my name is Yates. Mr Holland: I had dealt with a man named Holland but the gentleman I spoke with here this morning was head of the Civil Service that was here yesterday, and he told me these separate tests was at these particular times'that you named. These were separate tests. Isn't a list good for at least one year? Mr. Yates: The list is good for one year, sir, but the department head does have a right under the laws and rules to have a choice of 3 people to be Interviewed. Mr, hciland: You give me two different answers. I asked you wasn't a list good for one year. Mr. Yates: Yes, sir. Mr. Holland: If the list is good for one year and you hired a man which I knew nothing about, the man in civil service that gave me the test knew nothing about because he said you are the first one taking this test for this job as electrician. This test I am giving you is the first new test out in the City of Miami for this job. Now, you brought down a list of 4 different people at various times. After this first man failed in this medical test, why did you not call me in as my name was second on the list, is what I am arguing about. you. Mr. Yates: The department head has a choice of 3, that is all I can tell Rev. Gibson: Let me ask a question? Were you here yesterday? Mr. Yates: No, sir. Rev. Gibson: You wern't? I am sorry, I wish you were because this is the very kind of thing we were talking about. Let me see if I understand you. I don't know this man. This man took the examination, he go on the list, he qualified. Mr. Yates; Yes, sir. Rev. Gibson: You said to him, and I know nothing about civil service, you said to him that when he takes the exam he is put on the list, and that list is good for a period of a year. tr. Yates: Yes, sir, Rev. Gibson: Mr. Mayor listen to what this man said, even though he was on the list, the list was good for a year, two separate times subsequent to the time he qualified, they had an examination and each time, nobody paid him any mind, Man, something is fundamentally wrong, Either we should have given him the opportunity to take the examination again, --I don't know what the civil service rules says, but I tell you this, if it says anything other than that, we need to give some serious look at civil service, They aren't bearing the heat. We are catching the heat. 'J U L 31 1975 Mr. Yates; Father Gibson you shieutiderstood one thing. Re ryas notthe fire t man to take it. He was the second matt to take it. Rev. Gibson:l didn't say he taaa the first. 1 mid that this nian, the tat asked you how good web the list, how long was the liar good fort You said one year. You meat to tell me if you have a list that is good and he is on there, qualified, you are still going to get another examination. Mr. Yates: Yes, sir. Rev. Gibson You know what you are telling me don't you2 Mr. Yates: The fact that yougive another exam doesn't void the list that this man is on. Rev. Gibsea: Why would you need another examination if this mate is qualif ied Mr. Yates: In order to give the department a choice of 3, which he has a right.. Mrs. Gordon: I have a question Mr. Yates, to clear the air, when the three naes were submitted was his name on it each time? Mr. Yates: I don't know he was referred all three times, because the department head never had a choice of 3 from the very first person. Mrs. Gordon: Was he referred each time there was a vacancy. Mr. Yates: We nave only had one vacancy. Mrs. Gordon: Was he referred when there was a vacancy? Mr. Yates; I don't have the referral records of him here. Mrs. Gordon: Do you believe that he was? Mayor Ferre: You have all missed the real basic point. I am going to show you what this is all about. Mr. Yates let me ask you a question. I asked you if anybody else was black other than this man, you answered me you did not know, but you also told me you .assume one might have been Latin because of his name. Mr. Yates, you work with Civil Service Department of the City of Miami. Mr. Yates; Yes, sir, ---- Mayor Ferre: You are No. 2 in command, so you and Bob Faulk run the operation. You know we now have a letter from the Justice Department, you are aware, and have see a copy of the letter, Mr. Yates:Yes, sir, - Mayor Ferre: The basis of the letter was a 1964 Civil Rights Act as amended in 1972, and what that says is, we cannot hire and discriminate, and then they turn around and say that what they mean by affirmative action is that we are conscious of the make-up of our community. Father, what fir. Yates is telling us is, that he was not conscious or aware of the racial make up of the people that were hired. Doesn't that in any way point out exactly what one of the problems if is why we are being cited by the Justice Department, If the top man in Civil Service is not conscious of what the racial composition is of the people that are being hired, ---back 10 or 20 years ago, I guess that really didn't matter, Or maybe it mattered in reverse, but right now, it matters ina sense that if the top man in Civil Service doesn't know, that is why we are in trouble with the Justice Dept. Rev. Gibson: What was that black lawyer's name who was before us yesterday? Remember what Know said, I am sorry you wern't here. I want this commission to remember, I asked specifically, tf the heads of each department were here. Do you remember that Mr. Andrews? The reason for that is, unless the head tells the body and the foot, and toe, you are not going to get action, This is incredible „you can't convince me, and something is wrong with these rules, If you have 4 120 JUL 31 975 list that is good fora year, and in a span of less than 3 tionths, say 6 months, you had two additional examinations, this city ought to hang its head it shames What happened is, he is black and they didn't want hit. That is what it was. Mr. Yates: We do not do the selecting rather Gibson, we merelyrefer the people from our offiee, REv. Gibson: t don't care who bells the tat, the eat needs to be belled. That is what we are talking about, and if the at is belled, we wouldn't have the problem we are having. This moan has been dealt an injustice. You had a list, -- Mr. Mayor let me raise this question With the Manager, what would happen if you mete looking for policemen, you have all those black on the list, all those Cubans, you mean to tell me, we talk about exhausting the list, the register. isn't that what you say? Exhausting the register, ----for all intents and purposes, that man was on the register. Mr. Yates: He was on it for one year, yes sir. Rev. Gibson: The year hadn't expired. He didn't fit your description, that is what that meant. Mr. Yates:The list expired that he was on, on January 28, of this year. Rev. Gibson: At the time you gave the two exams, it hadn't expired. h r. Yates: That Is correct. Rev. Gibson: Mr, Mayor I want you to hear this, at the admission by the no. 2 man in the department, says when they employed the man that they did employ, this man was yet qualified, the list was still good. Mrs. Gordon: It is a very technical point, and I am disturbed about it, and I am not clear, if it took place, then I'll be clear. Mr. Yates, I am pressing for information to get a clarification of understanding of what the situation was. Realizing that gave examinations again was to get 3 people, Mr. Yates: Yes, - Mrs. Gordon: --if you had three people, who were presented to the department, was he one of them? Mr. Yates: He was referred to the department one time. liis interview rating form came back 'selected a better qualified applicant'---- Mrs. Gordon: Was that the first time? ,r. Yates: That was the first man that took the test, the one that was u;.:Iected, and he failed the medical examination. We had to give the examination to give the department the choice of three, Mrs. Gordon: Was he sent up the second time? Mr. Yates: No, because his score would have been integrated into the new register according to score and did not get into the top position then. Mrs, Gordon: That is kind of funny, Rev. Gibson; Listen to this, the department wants a list of 3 names, okay, you sent them two, because you only had two, — Mr. Yates; Correct, Rev. Gibson; I want you to hear that,--- Unidenc:ified person; What happened to him? Rev. Gibson; He was in that first group because there were two, --he was black the other one was not black, so he was on the list, The second time, took the exam again, and he was not in that list, Okay. The 3rd time I presume ---were there three? Iv k JUL 311575 Mt. Yates! One given on the 15th) �none given on the 28th and One given on Vebruary 8th. Rev. Gibson: ROW many people took the exam? Mt. Yates: One each of those three times. Rev. Gibsoftt it would have to be two) because you gave the agency two names, his tilte and another persot. Mr. Yates; OnE person took each of three examinationa. Mrs. Gordon: Bdt the point is, the only point is, that he was only given over to the department for choice on one otcasion. Mr. Yates: Because we only had one opening. Mrs. Gordon: The next time he didn't get in and the text time he didn't get in either. Mayr Ferre: We have to startehanging some rules. Mrs. Gordon: That is the point that very critical to item that is before us. Gibsoti: Listen to what he said Mr. Mayor. He said there was only one opening. I am glad to hear that, and each time with the exception of that first time, you sent one name, is that what you did? Mr. Yates: We sent one person, the department wanted a choice of more ,7)Pople. We sent Mr. Holland, and at that time, the department shows the first une that they had interviewed. That man failed the medical, again the department wanted a choice of three, so we gave it again, and got one more man. Mayor Ferre: We need to get the department head who made all these decisions. Who is the department head. Rev. :-ibson: Right, let's see them. Mr. Andrews: Mr. Holland works for Mr. Eddie Cox, who is here. he department director and can give you some information, but Mr. Holland is not here, the gentleman who interviewed this man. Rev. (Abson: Expalin to us, I don't understand what you are talking about. Mr. Eddie Cox: My name is Eddie Cox, Director of PUblic Propertift. Mr. Holland waFr, interviewed for a position of electrician in one of my divisions, that ?roperty maintenance. The first I was aware of any problems in this was yestsrday when Mr. Holland came before this commiasion, and voiced some discontent regarding the interview. I contacted Mr. Holland last night after I got home, and asked him to review and have ready for me this morning the problems concerning this particular interview. I contacted him this morning the answer I received was that Mr. Holland was not accepted due to the interview, that he had with him. Obviously, when he came to be interviewed there was some misunderstanding in Mr, Holland's mind that was as I was told, that Mr. Holland said he had been promised the job and when he was told he had to interview other applicants that Mr. Holland became very upset, because very loud, boistroua, that he had been rold the job was his, that in my opinion may not have been the reason he was not accepted, but nevertheless, as a result of that interview, he was not accepted for employment, Pev. Glbson: You mean to tell me Mr. Holland was not acceptable because he was not the typical black, is that what you are telling me? Mr, Cox: No, sir, not at all. Mr, Holland: This man wasn't even connected with the department Reverend. This man was just elevated to this position. This man does not know anything about this case, 22 JUL 31 1975 Rev. Gibson: You ktt,w, sir, t am like the Mayor. We are responsible to the federal government and we,either have to clean up this neaa or we are going to lose that 10 million dollars. You know what 1 diatovered in praying, taken you start praying with people an awful lot ofpeople don't hear the Lord. 1 learned this in the integrating of this community and 1 repeat this every time. 1 at native, born and reared here, 1 came back here to work 30 years ago. When we talked to the merchants in downtown tilahl about integrating the lunch counters and all that, nobody wanted to listen to ua. At soon as the stockholders of the 10 tent stores decided to get rid of some heads, because they wrern't Halting any money, everybody got religion in a Burry. No, this is incredible, that you. are looking for an elec- trician,. ---let me ask this question Mrs Mayor, --how many blacks you have working es electricians for the city. Mr. Cox. None: Rev. Gibson: Okay ,--°-- Mr. Cox: I only have three electricians. Rev. Gibson: How many blacks? Mr. Cox: None. Re•r. Gibson: Do you have any Cubans? Mr. Cox: Yes, sir,. Rev. Gibson: When did you get them? Mr. (o;.- 7. can't answer that exactly. Rev. Gibson: You got him while you were doing this business here, isn't that right? Mr. Cox; I think Mr. Briz was hired after Mr. Holland was interviewed, yes. Rev. Gibson: My point is well made 1 trust and I hope Mr. Andrews, you heard. What disturbs me is, that some of us are insensitive. George Knox was very, very right when he said what he did yesterday. It was classic. Mr. Cox: Rev. Gibson I would like to make one comment, along those lines since you hove explained to me the area concerning hiring minorities. I think that my department is probably one of the better indicated departments in the hiring ofminorities. This hasn't just happened with in the past 6 months. When Mr. Holland rook the examination, I went for about 10 years where we could get not ciaf,:,men. We couldn't get an electrician, we couldn't get a plumber because woi± on the outside was too good. We suffered during this time. We have only recently been in a position where we had any choice whatsoever available to us. I find it ctiffucult to blame those people who are in the supervisory area for being selective for the one time that we have had a choice in the last 10 years. It has been extremely difficult to hire, Rev. Gibson: Let me ask you, was working in your department? Mr. Cox; Yes, sir. Rev, Gibson; Mr. Andrews, I was hoping I wouldn't have to do this, the Bougness case isn't a good case for us. I stinks to high heaven. You know the story don't Mr, Cox: Very well, sir. Rev. Gibson: I want you to know I know it and the men know it, 'hat doesn't go down to the credit •of the City. Bougness recites in a letter, I am sure you have seen the letter, that you said, or whoever said, I don't suppose it is you, somebody else, that because he was Latin,-- Mayor F'erre: That was an alleged statement that was never confirmed, Rev. Gibson: Mr, Mayor I'll tell. You this, I am not at all satisfied with JUL S 11975 Mr. Andrews' results. I think we -ought to go to the full extent of investigating and cleaning up the mess, because all we did was, We flaw agree to hire Bougness end think that is goittg to hush them up, but the eatteet is still it ekistettte, and this is the proof. t was willing to go along until t heard this. Thie is the proof that the canter is there. tiet's go oit and have some surgery and get rid of the canter. Mr. Andrews: gut on the other hand there is to doubt that maybe SO e of this is Mt. l3ougness's problem too. Rev. Gibson: You know Mr. Andrews 1 hear that Whet we are involved because it is my word against your word, I don't mean Mr. Andrews: tunderstand,--= Rev. Gibson: This city has affirmative responsibility, man, I am glad the federal government is breathing down out neck. MR. Holland: Mr. Mayor, to the previous speaker, you have a statement there that y made concerning this other Mr. Holland, said my conduct in his office at that time, am I correct? Mr. Cox: yes, sir, ----- Mr. Hoiiard; 1 have only been here 6 years, but thank heaven I have built up a beautiful repptation, I live in a beautiful neighborhood, thank God among some whites :hat are not discriminatory, and we have a beautiful home and we keep it like that because we have always lived like that, but I am telling you here, the statements you made are wrong, because I have people in high positions in Stac . of Florida , in the State of Ne.w Jersey , and Mayors, that if this case_ evt!. gets to federal. court, I can bring down here and they will come dow.x here for me, because I have never been loud, I have never been versus, I haven't been arrested, I have been a Democrat committeeman for 13 years,- Mayor Ferre: Don't get excited ---- Mr. Holland: I am not getting excited,---1 don't like the term ----in the first place if he came here and said that the man had asked me, when you go to interview for a job, I interview men myself, when they come into my office, I give them a smell test to find out their qualifications as an electrician, that man never asked me one question about electricity, or about theory, because that man didn't know himself.. Mayor Ferre: We are repeating, I think it all out in front of us, and 1 think in my opinion Mr. Andrews, looking from a distance, because that is all wc a_,: looking from, distance of time, many facts, not completely under si.:reing a11 of the facts, I would guess, and this is just a guess, and I want to say, it is a guess, but people have strong opinions, you heard Mike Carter, she has a strong opinion, we heard Bougness, he has a strong opinion, lots of people nave strong opinions around here about things, they are not always right, about everything, but you know I found it in my life that where there is some smoke there usually fire. We have enough smoke, where there has to be some heat coming out of it somewhere. I don't know what is causing it, and I don't know if this man is 100% right, or whether he is 5% right, and I don't know if Bougness is 100% or 5% right. But we have had enough of these things to know there is some smoke coning out, we see it. No denying the smoke, the question is, what is causing it. or, you were asking yesterday what institutional prejudism means, institutional preju:iiszu is when nobody is to blame, somehow it just happens, and we really can't put the b7.ar'c ,---I can't come here and blame him, say Yates, you are to blame, Cox you arc to blame, or Holland is to blame ,-----I don't know who is to blame. i kruw this, I know here is a black electrician who has been given the run-around, 1 know that Mr. Bougness was given the run-around. I don't know if Bougness is partly wrong, he might be partly wrong. I don't deny that, I think Bougness is kind of a loud -mouthed guy anyway, who exagerates things, and I'll tell you, if I were pushed around like he has been pushed around, I think he is pretty mild myself. If I had been pushed like he had been pushed, I'd be pretty loud myself, I can't get upset at Mr. Bougness for being loud and aggressive,»,►that is the only way that man is able to survive, so I don't know what to tell you, except there is smoke, and I think there is only one solution, We cap hear Mr. Holland, and next week there will be another Mr, Holland, or another Mr. $ougness. We ere not going 12(4 jULS1197 to spend all this time at evert sheeting, we will be here forever. So 1 think we ate going to have to really, at d pretty soon, really spend some tithe addresding the heart of the ttiatter, and we addressed part of it yesterday. l hope this affirmative action plats does up with some. and 1 eherge you, and if we want a fottral resolution, we will do it that way. If you come ttp with sosnes in your reviews of departments, that you not overlook civil service. I don't know what else to tell you. I don't know what to do about this tan. Mr. Holland: Who? Mayor Ferre: Oh, you know what to do, you want a job, and l don't blame you, but we cannot interfere in than All we can tell you is, Mr. Andrews, you have another case here. Would you look into it, ---Mr. Yates, would you look into it? Mt. Cox, would you look into it? And hopefully let justice be done, if trot we will see. Mr. Yates: One comment, this happened a year and a half ago. Mayer Ferre: Thank God this man has stamina to tome a year and a half later. Mr. Yates: As he was told the list lasts for a year. He is to longer on that list because the list expired in January this year. Rev. Gibson: But you didn't do nothing when it was on there. Mr. Yates: We only had one opening. Rev. Gibson:You don't give me about the list has expired, --yes, a year .•.c:d half after, but why when he was on there, nothing was done. Mr. Yates: I can't be responsible for who is selected, Father Gibson. We merely refer the people. Mayor Ferre: It is institutional in nature. Mr. Yates: He is welcome to come in and reapply and compete in the examination again when it is given. Mayor Ferre: Mr. Yates I am not blaming you. It is not your fault, and I art v t blaming Mr. Cox. it is not his fault and I am not blaming the Manager, it is not his fault. I am not blaming anybody, but it happens. It happened to Bougness, it happened to this man, and God knows how mnay others. I don't know who's fault it is. I am not Solomon. It doesn't seem right to me; there is smoke somewhere. Where are we going to leave it, Paul? rtildttews: I am not going to be able to resolve this. I have too many 41, 6tion z' would have to ask him, Mayor Ferre: Would you get into it, would you make an appointment with this gentleman, and have one of yoru assistants do so? Thank you very much Mr. Holland you will be hearing from us. Mr. Holland: I think you will be hearing from me too. Thank you. Mayor Ferre: Okay. JUL 31 1975 NORA SWAN, CHAIR E QN J3IC NTENNIA COMMITTEE 35. PER •DUAL •'•�'%FARANCE AND ALLOCATING' $b, u FOR PROJECT Mrs. Nora Swan; I am sorry, I always seeps to come before you after a long hard day and I wanted to say that when I accepted the chairmanship o' the Bicentennial Committee it was with the understanding that it would involve a great deal of hard work and time and it certainly has, Mayor Ferre: Nora, let's get right:to:the point, Mrs, Swan Okay, the thing is, that the Aicentennial.', of course we reach .gut to so many people, we have $o many projects that are of such great ;importance 3,25 JUL 31197 to the future of the City, to tourism, Mayor 'ette: The point is you are a teacher, right/ Mrs. Swan: Right. Mayor Ferre: when you tatie to see the the other day, another at these secret meetings, and at that secret meeting you and l discussed the possibility where you would take a sabbatical which you are entitled to do every ten years or so,-=- Mrs. Swan: --every seven years -- Mayor Ferre:--every seven years a teacher can take off and do whatever they want to. This lady is willing to give her sabbatical up and work for the Bicentennial, but she gets cut to half price, So what she is saying is, she has to know now, because the school years starts in September, she is willing to give up her sabbatical and come work at half price for the City of Miami. Mrs. Gordon: What does it mean in dollars? Mrs. Swan: $6 500.00--- in other words, my salary is $13,000. and they would pay half, ---- Mrs. Gordon: Are you willing to work at half rate? donate your services at half rate? How can we pass up an offer like that? Mrs. Swan: That isn't quite the point, I am willing to take my ssbba<ti:a; and work for the Bicentennial if the city could come up with the rest of the money for it Mrs. Gordon: How much would it cost the city? Mrs.Swan: About $6,000.00 Mrs. Gordon: And the rest you will get from the School Board. Mayor Ferre: She could off on vacation, she could go to school and a doctor.=11 degree with that, and this woman is willing to give up here sabbatical Mrs. Gordon: I move it, --- Mr, Lloyd: Wait a minute, you can move all you want to but we have to conyi.,,er this legally. T. don't see a way to do it legally, that is the problem. Mayor Ferre: All right, you find a way to do it by September 5th. Mr. Lloyd: I'll find a way if it is legal. Mrs. Gordon: I know we can't do anything, it is illegal, but I want to state a position, a feeling I have, I have never seen anybody in ray life work so much for a community of their own time, as this lady has, and the Mayor has recognized her talent. We have called upon her, we have her work in the cultural division, we have her working the Bicentennial commission, it is amazing how much time she has, --- Mr. . 1.1oyd : We might be able to do this ptoviding we've got the money -In Coe publicity fund. Mayor Ferre; I am going to tell you how to it, very simple. How much did we give 3rd Century USA last year. Mr. Andrews? Mr. Andrews $7500,00,----- Mayor Ferre: We are not going to give 3rd Century USA looney this year as far as I am concerned 3rd Century USA is going around making a lot of noise and all due respect to them, and I am saying it on the record, I think they are wonderful. people, I think Norma Bunt is a beautiful woman and l like her, she 126 JUL 311975 is great, and Steve Nos..:.. t see a lot of talk but no action, They spending a half a billion dollars a year, they just got $34,000. from the State, i just cane back froth Boett~n, Boston has such at unbelievable Bicentennial ee1ebtation _ � I don't see anything really significant around Mrs. Gordon: if this city is going to get any recognition frob the Bicentennial it is going to be because of our own City of Miami flt etttet►n ai Cotntnittee, Mayor Verret 1 would tecomrnettd to you,,, -here is the iotiot[ as i see it, ----the :notion is we allocate through publicity funds $6,500.00 for Bi- centennial purposes, okay, -- Mr. Lloyd: Mr. Mayor tray t be sc, bold as to make another suggestion. Mayor Ferre: Okay that is what 1 want, John, ----- Mr. Lloyd: Your problem here is that you are talking about her working' for a private organization, —what we should do is engage her to work for the City of Miami, then, ---- Mayor Ferret 1 just said that John, --- M Lloyd: --the Manager assigns her.duties. Mayor Fcrre: I just said what you do is, put her in Lew Price's staff, okay, ---- Mr. Lloyd: Fine, Mayer. Ferre:--and you also give Lew Price in his budget an additional $6500.00 for Bicentennial projects, that is his problem. Mrs. Gordon: It is logical, because he has the additional supporting basis that the Bicentennial Committee needs. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-726 A MOTION OF INTENT TO ALLOCATE AN ADDITIONAL $6500. TO THE PUBLICITY FUND FOR PROMOTION OF THE BICEN- TENNIAL PROJECT Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Reboso,Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None ABSENT: Vice -Mayor Plummer JUL 311975 DISfL$gION OF ITEMS DISCUSSED AT MEETING 36 AFFIRMATIVE ACTION PROGRAM OF // U AND ADOPTION OF FULL DOCUMENT Mayor Terre: All right, we have your recommendation,--- what is we have CO vote on now: Ms. Anne Nicol: I am Anne Nicol, Affirmative, Action Coordinator, for the record. I prepared this list of recommendations, point for point for the motion No. 75-695 which l received this morning, I submitted _copies to the com- mission earlier today. Mrs, Gordon: I have compared your additions and corrections and personally 1 feel they are very well done, Ms. Nicol: Thank you. JUL. 19".1 Ms. Nicol: 1 persot► ►lly feel they ate tleeessary it order ft: matte the Intettt of the cottnission workable Mra. Gordatt: t ttact y, that it what t intended by my Cotttmett::bt tell you that you have studied it acid tttaerted the teeth itito it that it teede. NEt4 Mayor she covets the point it basically the same fashion as you did, but she put some more teeth in it. Mayor Ferre: First of all Mr. Lloyd, 1 have taisplarred tht list that you gave me this morning, would you give me the list again? Mr. Lloyd: A list of Ma Nicolf s recommendations? Mayor Ferre: No, sir, your recommendations. Ms. Nicol: Was that motion 75a695? Mayor Ferre: This is your motion, this is my Ms. Nicol: I understand that the copy that you have in your hand now sir, is slightly changed from the copy that I received because Mr. Weston made changes in it this morning and I was not able to get a copy of the resided 75-695. Mayor Ferre: There should be two monthly fact sheets, one a compendium of department head reports, the other from civil service. These should be submitted to the affirmative action coordinator by the 5th day of each month for the month previous. By the 15th day of each month they will be reviewed and complied by the affirmative action coordinator, ready for presentation to the commission at'the second meeting of the month. The second meeting of the month usually is pretty late.Why should she give the department:, head.: 5 days and then she wants to take 10 days. Ms. Nicol: These are suggestions, you can do with them what you wish. Mayor Ferre: If you give them 5 days, you take 5 days. and have them done by the 10th. Ms. Nicol: I have no problems with that whatsoever. nayor Ferre: Then you can have it done by the 15th,- Ms. Nicol: I could have it done by the loth day of to month, sir. Mayor Ferre:--and submit it to the commission by the loth. I want to tell you so^vething from my own business, the worse thing in the world is to get records that are 4 months late, or 3 weeks late. I think if she submits it to the commission �.y the 15th, I don't care how she gets it. She said by the 15th day they will be reviewed and complied by affirmative,and ready for presentation to the commission at the second meeting, and the second meeting is always the 23rd of 24th, have it to the commission by the 15th. That is acceptable. Ms. Nicol: Certainly. Mcs. Gordon: You mean not to state what meeting because sometimes we meet before the 15th. Mayor Ferre: Why should we have it on a meeting day. I'd like to have it on the 15th day of each month. Mc.. Nicol: You will have it on the 15th day of each month, sir, Mayor Ferre: The department fact sheet should contain at the minimum, No. of employees, No. of percentages of employees, race and nationa3.i.ty in each - - Mrs. Cordon; ---then you have crossed out 'ready for presentation to the commission at the second meeting" Ms, Nicol: We have to strike that Mrs, Gordon, 128 JUL 3,1, IPS Ms. Nicol: It will read probably by the 13th day of each m they will be presented to the toiissiot. Mayor Ferre: t want to add to that applicants, number plated. Ms. Nitol: The number plated would have added it handwriting the number of national origin, or rate , nth under civil service, the number of tome from the departments air, I persons referred for openings by Mayor Verret £ am reading from your paper, I don't want to get itt an argument with you, the civil service fatt sheet should contain at the minimum ,..-- Ms. Nicola --at the minimum, Mayor Metre: I am not arguing with you, 1 am just persons placed on each register. I act asking should we of persons that were rejected, -- Ms Nicol:Certainly saying the number of also have the number Mayor Ferre:--if you are going to have the placed, then you may as well have the rejected. Ms. Nicol.: --rejections would come from the departments, because as it stands now, Mayor Ferre:--so would the placements, didn't you Ms, Nicol: --right, Mayor Ferre: I don't Ms. Nicol: You will get it, if you want that information you will have it. care where it comes from. tell me that? Mayor Ferre: I want to know how many people were rejected and what their color or race or national origin or sex was, and why. Ms. Nicol: Certainly sir. Mayor Ferre: I want to know is hired, and I want to know who is rejected and why. Mrs. Gordon: And adding to that 1st part, and number rejected? Ns. Nicol: Yes, Mrs, Gordon. Mayor Ferre: Proper support, ---affirmative action should be made at the second commission meeting, ---classes for decision makers will begin in October or November. These classes will be federally funded under anJ IPA grant, will be taught by the affirmative action coordinator. Mr. Andrews, do you agree that the affirmative action coordinator should teach these classes? Mr. Andrews: I think you might have a problem. Mayor Ferre: We may want somebody from FIU to teach these classes. Mr. Andrews: I would think se. Mayor Ferre; So I would not say the affirmative action coordinator, I would not say who is to teach it, that has to be worked out. Ms, Nicol; Sir, there is a grant in the works now, and the Mayor Ferre; Ms. Nicol didui.t you tell me yesterday, if l heard you right, that you didn't have enough time to say grave over all the things you have to do, now you are going to start teaching lessons. Ms, Nicol; That was decided earlier when I first cape on, when the IPA 129 JUL 1975 grant was applied for. Part of my tit e it the fall or winter would be Mayor Verret 'Yon would have Cite to teach leseons, is that what you are telling us. Ms. Nicol: I am going to have to make time. Mayor perre: Okay, and you are going to do all these other things and make time to teach lessons? Well, I certainly would not litnit it that way, 1 would just say that, --I would leave that matter for further discussion later on. If you are going to teach you are going to need much more than a staff of one. Mrs. Gordon: May I ask you Mr. Mayor if you would Mist send, --put your period after IPA grant and we can duecuss a suitable person or persons,maybe add a staff person to her department. Mayor Ferre: I don't agree at all with No. 5, that was not my intention, nor is it the intention of this commission as it was passed yesterday. You have changed the intent. I didn't say replace all non- minority department heads with minority of :;omen. You didn't hear that. Mrs. Gordon: This is her recommendation, she didn't hear it Mr, Mayor she is recommending that. scaits Ms. Nicol: The rationale behind that sir, was that there are at present one affirmative action officer in each department. Were we to add another department affirmative action officer in certain departments, we would have two people working on the program at the same time, in order to involve the minorities, I thought it might be expedient to do it that way. Mayer Ferre: Let me tell you what you are going to do. Do you know what polarization means, ----that is polarization, okay. When you take some guy who is low on the totem pole, and all of a sudden, you jump him over, ---if you want to divide this city between minorities and non -minorities, that is the way to do it, --that is a good way to do it. If you want to start getting a little bit of togetherness in people working, in my opinion what you have to do is you have to go into a team operation, where you get somebody in an authority position, and a minority, --that is my personal opinion. I may be wrong. Ms. Nicol: I think that can be workable sir, if we could change that, or 1eeve it as you have it, Mayor Ferre: Paul, what do you think? Mr. Andrews: I recognize the department directors have selected these peopl.e a;d after yesterday's discussion, there may be some automatic changes that will take place but 'don't think that the City Commission should become involved in giving directions and automatically changing these people. You can add to them, or get representation in some way, --- Mayor Ferre: If you remember the intent of what we were trying to do yesterday, that in every department there will be, besides whoever is appointed by the department head, a representative of a minority, oaky. Mr, Andreas: Mr. Mayor we were headed in that direction, we just haven't implemented it, and we were not going to limit it to just one, we were going to have several. Mayor Fe ra: The point is, that if you all of sudden take away your affirmative action or officer, just because he happens to be a white man, ----you know, Mr, Andrews: We didn't: intend to do that. Mayor Ferre: That is a good way to start nothing but problems. Mr. Andrews; Yea,' —that individual would just help organize and take advices and coordinate, in some departments may have two Latins and black,and an Anglo Saxon on that committee to represent fully the department. 130 JUL 311975 Ms. Nicol.: Could we consider still having one department affirmative action offiter for each department. Mayor Perre: Yee,.' Nye. Nicol: --who also had a t ommittee representative of that department including nittorities. 'ghat I at trying to do sir, is to get awin WW1 group- - one person in each department who is responsible etd through whom 1 catt work, so between the attorney and ourself, we can cote up with something that would say there will be otte department affirmative action officer and a committee. Mayor rerro: Okay, I think we had better scratch that one, Ms. Nicol: Can l assume we can re -phrase it along those lines? Mayor Ferre Yes, --- Ms. Nicol: Thank you, Mayor 'erne: Is that the consensus of everybody here? Okay, now 6y-- Ms. Nicol: --that would be the new No.5, Mayor Ferre: What does 7 mean, Ms. Nicol: In your No. 7 line 2, after the word function, add 'with appropriate enforcement powers and responsibility for affirmative action plan, to go along with the independent function. Mayor Ferre: Let me tell you, Father, I heard what you told me yesterday, lut me tci i you what worries m' about having, the affirmative action coordi.rsPtor work for us, there are two things that worry me about that. The first thing is that leaves the Manager off the hook. Rev. Gibson: Does it? Mayor Ferre: Yes, sir, then the Manager, as far as I am concerned can turn around and say well, that is not my responsibility,---- I am just talking out loud, --just listen for a second, I am thinking about this, it worries me to let the Manager off the hook, I would rather be able to say, look, ---you've got it, the affirmative officer works for you, and none of this stuff, ---the other thine is this, that there are 5 of us, not one, --who fires a person when he or she is not working right? Who fires them? Rev. Gibson: Mr. Mayor, I would rather see the affirmative action, somebody work for the City Commission than to take the gamble on what I have been taking the g .:rb c:: on. Ms. Nicol: My understanding of the Charter is such that there would be two :Levels, should I work for the commission there would be two levels between me and the department that would be, ---- Mayor Ferro: ----I'll tell you then, I think we are going to bring up the matter Ms. Nicol up for a vote before the Commission at the next meeting. Do your read me? ME. Nicol; Yes, sir, definitely, definitely,- Mayor Ferre: If you are willing to take your chances, that is all right with me, Ms. Nicol: Actually I have considered this very carefully, administratively and to u ke the program more efficient, if a professional opinion based on any experience as affirmative action coordinator here and my understanding of the Charter, that it would probably be much better to leave the affirmative action office in the department: of community affairs, as part of the Manager's 'office, and that is an administrative decision, just from that point of view. The important thing is the responsibility, --I at willing to take the responsibility for this plan, but I need the independence and the authority to do it, Mayor Ferre: An authority for what,. --see, that is my problem, independence from 201. JUL 311975 whom? The Manager? tut theft, are you going to have authority over the Manager? Ms. Nicol: N0. Mayor Ferre: Then what authority are you going to have, See, if you don't have authority over the Manager, then how catt you work with department heads, and tell him hey, you had better get on the ball, or I am going to see paun. Andrews and get this thing straight, because at that point, see, that Manager says 'hey, you don't work for the Manager, you can't give meat► order Ms. Nicol: Right, which it is my opinion, that it Mould be more effective and more efficient under the constraint of the Charter as I read it, for affirmative action to remain in Community Affairs, Mrs. Gordon: She says she doesn't want to be under the Commission. beeause if wouldn't be effective for her to be under the commission. Ms. Nicol: It could be workable, I am sure that there is a way it could be worked out. Rev. Gibson: Mr. Mayor let me tell you something, what you need is an ombudsman, who ride -herd over the Manager even. Let me tell you something, the Manager just hired 3 people, we were saying 6, he didn't show no willingness to effectuate any change. We need somebody who would say to us, 'look, these are the stumbbling blocks', ---that is what we need, we need to bring somebody here who really understands, so everybody doesn't condemn the Manager. i say this, I am convinced that you aren't going to get a doggone thing done until we start saying to everybody, yot' ship up, or. else. That is the way you are going to get civil rights legislation, that is the way you are going to get enforcement of affirmative action. Nobody is really taking it seriously, and meaningful. That man is a good example. Every time these issues come up, the Manager says well, the poi ice department, --- Mayor Ferre: It is 8 o'clock, and my guess we will be here till close to 10 at the rate we are going. Rev. Gibson: I'll be here till 12 if need be. Mrs. Gordon: We can't procrastinate on this, we have to move on it. Mayor Ferre: Let me ask Mr. Andrews his opinion, then I think we ought to take a vote on it. Mr. Andrews: As I see it, I think you have one of two choices, if the City Commission feels this is an area they want to control, more directly, outside the realm of the Manager to help establish direction for the City then I think you need, --I think it would be very difficult for you to deal through one person that. _ne 5 commissioners would direct. If you had something constructed, where personally each selected a Board and that Board either chose Ms. Nicol or chose an affirmative action officer to carry out and you set the policy, that would be one way of operating. If you don't do that, then I would recommend that you keep the officer within a scope of the City Manager, Mayor Ferre: I didn't ask you to give us alternatives. I ask you to give us your honest judgement, your best objective opinion, ---what is best for the City of Miami, which is the system that would work the best in your objective opinion, and the reason why. Mr. Andrews: Well, from my point of view I think it would be better to keep the affirmative officer under the Manger, under Community Affairs, Mayor Ferre; Why? Mr. Andrews: Becasue I think there are many, either you are going mo have a belief that your department directors and the City Manager and all those in the hierarchy of the City government are really going to try to perform what you are hoping they are goign to perform and achieve it that way. If you have that belief and you think it is going to happen, it will work, If you don't have that conviction that it is going to take place, and you place this outside the realm of the City Manager, under the City Commission, l guarantee You you will be struggling with this for a long time to come, 132 JUL 31,1975 Mayor Ferre: 1 get your point. What ie you opinion. Ms, Nicol. 1 cotcut with the Manager, it is my proieasional opinion based on the Charter and by experience thus far, that it would be taore workable within the very difficult time framee that we heed, 1 think this i8 one of the key points in this whole thing, and I think we ought to express our opinion, attd 1 am willing,ee: ee Mts. Gordon:--eI feel, at least we could start itt this way, and if we don't see results coming about, we can move in another.. Rev. Gibson: Myr. Mayor, 1 at not wed to any one, 1 want results. I'll go your route, but I want to put you on notice right now, either you ate going to ship up or you are going to ship out. Ms. Nicol: That ig the intention I gave, sir. Rev. Gibson: I want the Manager to understand this` 14e aren't going to have promises, forever around here. Mr. Rehos.:: I think Mr. Mayor that is the only way, under the Manager. mayor Ferre: Right 8o I subscribe. Will you change 7 accordingly then let's move on, On #8, 119, the Law Dept. to be involved in the next affirmative action propose] to be submitted to the commission in September. Is that kind of weak, is that what we meant? Ms. Nicol: I wasn't sure sir, so ! left it that way. Mayor Ferre: I am talking about the law department, the intention of ,41-.ur we said was, this is a legal document we are dealing. What is this, what do wc: have a law department for? Mr. Lloyd; I am reading the wrong paper, I am sorry. Mayer Ferre: It is a legal document, right, you are not a lawyer are you? Ms. Nicol: No, sir. Mr. Lloyd: I have the affirmative action recommendation in my hand, -- Mayor Ferre: John, you are talking about apples, Iam talking about oranges. I know you had the wrong paper. That is not what I am talking about. am not jumping on you, I am just making a point, that the law department should be involved in legal documents. This is a legal document, all right. tnat 1, i 1.. not clear enough. Ms Nicol: If I may presume, I thought that what the commission intended was that the law department be involved in all steps of the development of the plan, any public hearings which are held,.whatever, Mayor Ferre: No. 10 stands, --you ought to try to get better space, -- Mr. Andrews: Mr. Mayor I am going to get better office space for all the people i have down there, if I have to come to the commission for rent offices to do it. Mayor Ferre: Let me tell you something, --did you see Dorsett's memo ---you ee.e wnat he said, it is a psychological thing, in other words, it psycho- loticaily means to most people that that is where we delegate the importance of it. Now, that is not. true, Mr. Andrews; It certainly isn't. Mayor Ferre; Dorsett is no dummy, that guy works at a bank,--flook at how ne mininterpret,ed it. So if he misinterprets it, you think somebody else could misinterpret it? Mr. Andrews; Yes, but Mr. Mayor r guess the reason I am irritated is because we made these moves so that we could make alterations in this part of 133 JUL 3119/6 the office, get certain things settled, we ate going to make small alterations in some of the 3 buildings that we have down there, to find adequate offiees for• everyone, but like you are experiencing, you couldn't occupy the +of f lee while it is under construction. Mayor Perre: Paul, listen, it isn't your fault, it itt't Cliff's fault, it isn't anybody's fault, but you knots what happens, people who are sensitive to things, interpret things differently from the way people interpret who aren't sensitive. Pot example, if you are used to eomebtdy,,�4I don't know about you, but r used to have a lot of friends who were real short, and there Was one guy I used to call pee wee. I never realized how ranch it bothered thia poor man that we called him pee wee. But be was sensitive about it. All I at► saying is, that people that are involved, that have sensitivity to things that a lot of other people don't have, a more suaceptibl:e to miginterpteting things, and if you have the affirmative action office in the basement of City Hall, some people might misinterpret what that means. okay? Rev. Gibson: Mr. Mayor it might be better if affirmative action and Civil Service were pretty much akin. It would appear to me, that if Civil Service le here, affrimative action ought to be here, so that when people go there and get pushed around, and kicked about, they know exactly where to goy Mr. Andrews: I Im u1d like Mr. Parades to tell you what arrangements I made today as far 3s lecat!.rg that office and what ke were going to look into, and you will have to trust us, that this ie not a story made up, that we are going to locate her on the first floor of, the Civil Service building. Mayor Ferre: Let's move on, t+:r An-_`rews: Mr. Mayor there is ore thing about this whole process, now if we are going to make up our minds that the coordinator is going to be under the City Manager, then as we progress through this, the Manager is the one that is going to have to be responsible for these matters, that the coordinator is lust going to be that, the coordinator. We are not going to have an affirmative action program unless you have the Manager the Asst. Managers, the department directors, the division heads, all participating and believing in this, and if the commission persists in just following directions and giveing directions to tLe coordinator, and if she is going to be under the City Manager, is it not going to work. Mayor Ferre: What is not going to work? Mr. Andrews: It is not going to work if the Commission is going to be given directions to the coordinator. I think you are going to have to give those .;rections to the Manager to make sure the coordinator carries them out. Mrs. Gordon: Can I express a concern that, it is up here, you know, and it Is not directed to you as a person because I have no grievance with you as a person, but as evidence of a fact, as Father Gibson has said, the evidence of the fact is that in your department, which the administrative offices, the evidence of the interest in affirmative ie lacking and the consequence is, that I have confidence you feel differently and are more aware now than you maybe were 6 months ago, of the need for you to demonstrate in your own department, the action= that ;oa wish your other departments to take, in other words, as the master of the house, by example to the children, you will, show the way, Consequently you are going to have to take the first step forward and if she has no way to react other then through your direction, therefore there is that kind of peculiar feelin3 o. uneasiness here. This is the uneasiness that is up here, that maybe nothing is going to happen because you are not going to do the first step. Mr. Andrews: I didn't say anything yesterday because I recognized if made comments like I am about to make now, that they might have been taken as a negative attitude, but you know I said when I was asked by Father Gibson, how many appointments did I make, I made 3. The thing we are not taking into consideration to those appointments were made almost 2 years ago, I have only made one appointment, of any coneaqueance within the laat 6 months and that was Mr. Crumpton, and I did that after very careful consideration, r'eCogniging that lmight even be put in this position, but I was really looking for g top quality 4 JUL31I97 person. Nov it ail the other ataas we have really strived to try to promote people that are minorities into more important patting. You are not aware of this, as an example that I have just appointed a black person to be Mr. Parades' assistant a couple of weeks ago. Mayor perre:Why didn't you tell us about it? Mr, Andrews: We haven't had time. Do you realise how much haft been going on? Mayor Ferre: You appointed him two weeks ago and you haven't had time to send a memo? Mrs. Gordon: I am aware of the fact that you did hire someone itt that capacity, Let's not go hind -sight ---let's go fore site for the future. Our concern we have expressed, and you are aware of them, If you are going to be the only body that is going to have the impetus to force the affirmative officer to implement an affirmative action plan, theft, Father Gibson is con- Cerned that maybe you are not going to push it hard enough, as to not minor positions, mind you, but major positions. Not more in the sanitation department but maybe in administrative offices. Mr. Andrews: I think time will only tell that, and you will have to sit in judgement_ as these things occur. Okay. Mrs. C ordon:l: said it before, --I said let the record speak for itself. Mayor Ferre: Let's move along. Mrs. C'ordon; Which one are you locking at Maurice? Mayor Ferre: I atn looking at hers and then I am looking the one that came, ------we are going to combine both of these 1 hope. Nicol: Right, that has to be re -phrased. As recommendation 5 now stands, I '.r.dsrstand that there be appointed department affirmative action officers will remain. There will now be in addition to that a committee made up of minority females, etc. Mrs. Gordon: Yes, somebody has to compile them together. Are we accepting 13 and 14 on the revision then? 14 says if recommendation 5 is implemented that we have to cross that out. i Y � h d better Mayor Ferre: You missed her point, you see Kenny Harrison sleeping back there. Now he says he doens't wane any meetings unless he is president, and he has oat light. Ms. Nicol: Let me give you my rationale behind that sir. I have said previously in these recommendations, that the final draft of the new plans will be ready by the 31st of August. I don't want to be an appointment secretary It has been my experience working with advisory groups; that if you give them a produce, they can use that product to build on and develop, Mayor Ferre: They have the right, just as much as anybody else in this whole process to be involved in the process. I am not about to deny them that r ght. o-i may not want to do it, and you may not want to be an appointment secretary, then you a get yourself an appointment secretary, Airs. Gordon: May I ask you a question Mr. Andrews, to see if you think tbic is feasible, Would it be feasible in order to make your own department comply to a degree if you had our affirmative action officer as one Of your assistant managers? Mr. Andrews: No, Mrs. Gordon: Not to replace but to give a title to --wouldn't that be a good way to start? Mr. Andrews; No, not in this case, 135 JUL31197 Mayor Ferret t think we have to assure these people that if there is going to be a meeting dealing with any of these mattera, they are going to be present,or they have the courtesy to be present, you do it by postcard, i I don't care how you do t. Mr. Charles Hail, f am ite agreement with what you are Baying. I want to point alto two things that t failed to point out before. One is, that almost all of these employee groups have a collective agreement with the City which says that by agreement with the City, ratified by this coninission which says that with exclusive representative of the employees in the area representing wages, hours and other terns and conditions of employment, to the extent that any action taken by the affirmative program encroaches on the terms and eonditiota of employment and 1 think we are entitled to be there. Manor Ferre: You are entitled to be there, as long as I am here and I think my fellow commissioners feel the same way as I. do, and you are not going to have any problem on that. No. 1 No. 2, be careful, because, don't forget that what the treasury and Justice Department is telling you is that the federal law suits precedes out own rules and regulations. Mr. Hall: We understand that completely. That is the reason we took action before the city. Mayor. Ferre: You know how to rub it in, don't you? How do we stand on 14? Ms. Nicol: Fine, Manor Ferre: Any questions on. 13? I still stand that I want a definition t� our C' ;,, Attorney as to what 'accelerates' numerical goals' means. I don't what that eliminated from that. Mr. Lloyd: I am preparing them ----- Mayor Ferre: What do we want a motion, Rose? Mrs. Gordon: I am not sure how we are going to move it. We have two dcurents , and changes and deletions. Yzy or Ferre: The motion is that the Clerk is going to read from the record all the statements that were made here, and work with the City Attorney and put these two documents together, and Ms Nicol, I want her present at all, ---- you heard the sense of this commission, ?' . Nicol: Yes, ••iayor Ferre:--we are going to vote on it hopefully now, then refine it "gain in September. Mr. Havier Bray: Mr. Mayor, I think that if we fail to identify some means to deal with the problem that you heard about just a moment ago, this Mr. Holland, and you don't include in your resolution now, a recommendation whereby the affirmative action officer can pursue some of the steps outlined by the latter from the Department of Justice to discontinue testing programs in consideration of education and other standards that are applied, Mayor Ferre: That is her job,.--_--- '. c>:----that is right, and civil service has been doing that and if :his commission does not address itself to the sacred cow of the whole natter, then I think you are going to miss the boat and fail to comply with responsibility ,--- Mayor Ferre: What is your recommendation, frame it,---- Mr. Bray: -the specific recommendations is that in the several points 13, 14, that you include a very specific address dealing with the civil service commission and the steps outlined in the letter from the department of Justice, Mayor Ferre: I'll add then for consideration Item 15, Which reads as follows: 'this advisory tot 1ttee dealing with civil service tame back to the cbt�tnisSiott at the September meeting, with recommendations, if any, as to how alter sortie of the rules of civil service that may asbittt in affirmative action itnpletnentatiotts. Is that broad enough? Is that specific etaouth. Ms. Nicol: You assume there is an advisory board. Mayor Ferre: That it set up in this thing here. Ms. Nicol:--contingettt Mayor. Ferre: I have my appointment right now. 1 atn ready to make my appointment. You watt to accept that. You want to make a hibtiott tC that effect that that be added. Thereupon the (notion was passed and adopted by a unanimous vote of the Comnission.(Mr. Plummer absent.) Mayor. FErre: We are now ready to vote on the full document. The following motion was introduced by Commissioner Gibson, wtto moved its adoption: MOTION NO. 75-727 A MOTION ESTABLISHING POLICIES WITH RESPECT TO THE CITY OF MIAMI'S AFFIRMATIVE ACTION PROGRAM Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer AMEND ORD.2230 37. RETIREMENT SYSTEM PERSONS DECEASED PRIOR TO SIGNING - BE CONA1DERED TO BE RETIRED ETC. ROVIDE 4U PAYMENT TO MEMBERS SPOUSE LARIFYING 3O DAY RECUIREMENT ETC, JUL 311975 Mrs. Gordon: This is important, because I am Chairman of the Plan, and we have to deal with this matter very shortly at our next meeting and it is necessary. Y ,y,: Terre: Do you object to 36? Mr. Andrews: Yes, but ----Mr. Mayor may department has worked out what I believe is come up with this after doing some research make it possible for the Boards to react to about Mrs. Gordon. But the ordinance itself come to this ordinance, then you can decide after that. Gene. I please help you? The law a fine solution. Ron Silver has and he has a resolution that will the problem that you are concerned , if you adopt this resolution and what you want to do with the ordinance Mayor Fer e: Why don't you explain it? Have you talked to Gene Naples about this? Mr. Ron Silver: Yes, I have, this is regarding the Mary Stein wetter Mayor Ferre: Is this the lady, who,------ Mrs. Gordon; yes ,---R Mayor Ferre: I have more priests calling me on that. Mr. Andrews; This is what solved that probletg. Mrs. Gordon; They roust have beep praying for him to find a eoution because he found one, 137 JUL 311975 Mayor Perre: What is your solution for the lady's problem? Mt. Silver; We drafted a revolution which is going to clarify the intent of that 30 day waiting period. This will enable the board to go beck and exercise a discretionary power which they will have, which they don't have tow. Mr. Lloyd: Mt. Mayor t would like th title of this ressolutiott read so you will know exactly what you are doing. Mr.Si1ver ----'this is a resolution clarifying the intent of the City Commission pertaining to the provisions contained it section 2'91.14 and Sec. 2-109.14 of the Code of the City of Miami t'la. 1957 as A d. with regard to the requirement that a beneficiary must survive 30 days after election of an option allowance in order for said election to be effective'--- this is the 'whereas' clauses, —*whereas the Miami City Employees Retirement System and the Miami City General Employees Retirement Plan vas ereated in order to recognize loyal and faithful employees who continue a long period of time as employees of the City of Miami, where as, an ambiguity has arisen as to the purpose and intent of the requirement that a beneficiary must survive 30 days :after election of election of an optional allowance, in order for said allowance to be effective as contained in 2-91.14 in those two sections, whereas the connni.ssioi of the City of Miami believes it to be in the best interest and welfare of the citizens and employees of theCitv of Miami, to clarify the purpose and intent of said provisions, whereas the actuaries of the Miami City employees retirement system snd plan have determined that the requirement of the 30 day survival period has no actuarial effect, whereas the City Commission's intent was clearly to provide the administration with sufficient time to prepare the necessary paper work, now therefore be it resolved by the commission of the City of. Miami, Florida, Sec. 1. The provision contained in Sec. 2-91.14 and ..10V.1.4 of the Code of the City of Miami, Florida 1957 providing a beneficiary must survive 30 days after election of an option allowance in order for such election to be effective, was to provide the administration sufficient time to prepare the necessary paper wcrk. Sec. 2. That said 30 day period of time was intended as a maximum time allowed within which the administraiton was to have the necessary administrative details completed. Sec. 3. That if the administrative work is completed prior to the 30 days after election of an, option allowance by a beneficiary, then the survival period of time for the beneficiary shall be reduced to the date upon which said administrative work is infect completed, therefcre if the Board determines that the work was completed, within a 5 day period of time, as in Mrs. Stein's case, then the 30 day provision will not as to her Mrs. Gordon: C'kay, I'll move the resolution. Mr. Silver: This applies only to this particular case, 'irs. Gordon: It applies to the case involved.. Mr. Gene Naples: But there is another case it doesn't address. Mayor Ferre: Are you satisfied with this? Mr. Naples: No, sir, because if we are going to reach back and pick up Mrs. Stein, and let's reach back and pick up Mrs. Gaudene, Mayor Ferre: I agree with that. Mr. Naples This does not do it sir. Mayor Aerre: I don't see why you should do it for one and not the other, Mr. Lloyd: This is the first we have ever heard of Mrs, Gaudene. Mr, Silver: Did Mrs, Gaudene make applications Gene? Mr, Nap] es • No. Mr. Silver: Thst is the problem. That problem was addressed in 36, Mr. Naples: That is not going to reach back and pick her up under 36, Mayor Ferre: Gene, lase get this lady underway and then we will get the other ottea 1 feel bad about this poor tout, and i feed bad about the other one. Mr. Naples: She is 14 months back there. Mayor perre: Are we going to hold batik on this one because you want to wait for the other one. Let' a vote on this, them tell what you want to do for the other lady. You come up with a solution. The following resolution was introduced by Co uiaeioner 'Cordon , who moved its adoption. RESOLUTION NO. 75-728 A RESOLUTION CLARIFYING THE PURPOSE AND INTENT OF THE CITY COMMISSION PERTAINING TO THE PROVISIONS CONTAINED IN SECTION 2-91 (14) AND SECTION 2-109 (14) OF THE CODE OF THE CITY OF MIAMI, 1957 AS AMENDED, WITH REGARD TO THE REQUIREMENT THAT A BENEFICIARY MUST SURVIVE 30 DAYS AFTER ELECTION OF AN OPTIONAL ALLOWANCE IN ORDER FOR SAID ELECTION TO BE EFFECTIVE (He're follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson , the resolution was ;messed and adopted by the following vote: AYES:Mr. keboso, Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES None. ABSENT: Vice -Mayor Plummer Mrs. Gordon: Now this matter will come to the Board for their determination whether or not that case fits this resolution. Mr. Silver: ---whether all the administrative details have been completed and I can tell you they have been completed. Mrs. Gordon: Exactly. Mr. Napes: The simple solution would have been to amend or change this resolution so it did encompass this other case. silver: You can't make the ordinance retro active. Mr. Naples: What are you doing in this case, you are reaching back and pickint her up. Mayor Ferre: Is that any way to solve this problem. hr. Silver: I have to go over the facts with Gene, I'll do the same way we did it in this case. Mayor Ferre: what about 36, what are we going to do about that? You are against it? Mr. Andrews: Yes, because it is a $188,000, expenditure. Mr. Naples; I don't believe it, ---- Mr. Andrews; Gene, this is an acturial study that was made and information that was supplied. Mr. Naples: I would like to know what it wag based on. I can't believe it, because when you as member of the Board unanimously approved it at that time it was mentioned, it was negligible , Mr. Andrews: That is right, then when we found out what the cost was, then 138 JUL 311975 l started taking a different attitude altogether, which t demonstrated last tithe. Tease, 1 am willing to work with you, if we can achieve this within a reasonable amount of 'Honey, fine, Mayor Ferret 1 at going to vote for something,..., Erg. Gordont I at going to move it because I`ll tell you why, the figure you got is a hypothetical figure, how Many case§ doe§ this apply tt in a period of a year, and $180,O00. in what period Of time are you talking about? Mr. Andrews: It applies to every employee, --if he is with the city for 5 years, and can fall into a category and take advantage of,� Mayor Fevre: The only Tway he can fall into the tategoty to by dying. Mrs. Gordon: He would have to die, ---- Mr. Naples: We ate not talking about the 5 years, Mr. Andrews. Mr. Andrews: I am saying anybody with the city 5 years is eligible if he should die with the city. Mr. Naples: Not the way I understand it, not under this ordinance. Mayor Ferre: What does it say, 10 years? Mr. Naples: When he becomes eligible for retirement. Mr. Andrews: You mean to tell me that a man who comes to work with the City c Miami at . years old and works for 6 years, and now he is over 55 years old and he passes away, that he is not eligible, for retirement. He is eligible for retirement at 55. Mr. Naples: He would get about 8 dollars a month or something like that, Mr. Andrews: He might have married a young wife see, and his beneficiary would carry on for 5 years. Mr. Naples: She is going to get married again and not eligible any more. Mrs. t;ordor.: Mr. Lloyd you have to read this. Mayor Ferre: Mr. Lloyd read the ordinance. At. Andrews: I don't want to give the Commission any problems, but if you this, you have to fund it also. Now, there is no money to fund it. Mayor Ferre: That depends what we do with the budget. Mr.. Andrews: Yes, Mayor Fevre: You are not going to fund it immediately, it is pending on funding after we get in the budget. We will worry about that when we get into the budget. Let's get this one through. Mr. Lloyd read the ordinance. Mr. Lloyd read the ordinance. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AND THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT FLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS AMENDED); AS APPEARING IN CODIFICATION FORM AS PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS WENDED, MORE PARTICULARLY AMENDING SECTION 91 (14) AND SECTION 109(14) OF SAID CHAPTER 2 BY ADDING AN ADDITIONAL PARAGRAPH THERETO AT THE END OF SECTION 91.(14) AND BY ADDING AN ADDITIONAL PARAGRAPH THERETO AT THE 140 JUL. 33,1975 END OP SECTION 109 (4) ; PROVIDING THAT ANY MEMBER WHO HAS BECOME ELIGIBLE FOR NORMAL SERVICE RETIREMENT BENEPITS OR EARLY SERVICE RETIREMENT BENEFITS BUT WHO VAS NOT RETIRED, btEs, SUCH MEMBER SHALL BE CONSIDERED TO HAVE BEEN RETIRED oN THE DATE oP DEATH; PRoVtbED rORT'HEit 1'oR THE PAYMENT OF !OR Y PERCENT (401) OF THE M IBER's MONTHLY RETIREMENT ALLOWANCE UPON THE DEATH oP THE MEMBER TO THE MEMBER' S SPOUCE: PROVIDING Ftil(THER AT oPTION FOR 'THE SURVIVING SPOUSE TO RECEIVE THE SUM OF THE DECEASED MEMBER' S CON- TRIBUTIONS WITH INTEREST; REPEALING ALL ORDINANCES, CODE SECTIONS oR PARTS THEREOF IN coNFLICT,INSOPAtt AS THEY ARE TN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN POUR` FIFTHS OF THE MEMBERS OF THE COMMISSION. was introduced by Commissioner Gordon and seconded by Commissioner Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES:Mr. Reboso, Mrs. Gordon, Rev. Gibson and Mayor Ferree NOLS: None. ABSENT: Vice -Mayor Plummer ABSTAINING: None Whereupon the Cc.::,missiou, on motion of Commissioner Gordon and seconded by Commissioner Gibson adopted said ordinance by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Rev. Gibson and Mayor Ferre, NOES: None. ABSENT: Vice -Mayor Plummer ABSTAINING: None. SAib ORDINANCE WAS DESIGNATED ORDINANCE NO. 8431 Mayor Ferre: What else have you got? Mrs. Gordon: 37, Mr. Silver: There is no necessity for 37 because 37 was an alternative to 36. Mr. Lloyd: That is right. Mayor Ferre: Why didn't we discuss 37, is that a better alternate? Mr. Silver: What 37 does is do away with the 30 day requirement. That was an l L _rnative if you did not pass this 36. Mayor Ferre: Is there anything else that needs to come up today. Unidentified person: Could I mention one thing on these two pension ordinances, especially when my union heard of the figures, the disbursement was going to cost, - Mayor Ferre: They got worried? Unidentified person; Very worried, and seeing the last negotiations of the contract, the pension system was in the negotiations. Mayo- 'Tetre; It is going to be part of the budget. At that time we are going to have to discuss it. Mrs. Cordon: Excuse me, Mayor, NO. 38 is an important,-.---- 141 opp $1'97' SISTER C r Y 'PROGRAM r NG V I LLAWERMOSA, CAPITOL OF THE STATE OF ABASCO, MEXICO IN SISTER CITY PROGRAM Mr. Reboso: Regarding #19 Mr. Mayor, I have a proposal, Mayor Ferre:All right, what is your proposal? Mt. Reboso: Since the Sister City program has been a success between Bogota and Miami, I propose that we pass a resolution of intent to make Villahermosa, Capitol of the State of Tabasco in Mexico a Sister City of Miami, and at the sage time leave open the option to make Suter Cities for other cities. Mrs. Gordon: What about that city in Spain, remember we had a representative here. Mayor Ferre: Letts not get into that. Mrs. Gordon: I am just asking a question, remember, he tame here. Mayor Ferre: Make a recommendation. There is a motion on the floor, it leaves the door open for others, The following motion was introduced by Commissioner Reboso, who moved its adoption: MOTION NO, 75-729 A MOTION OF INTENT TO INCLUDE THE CITY OF VILLAHERMOSA, CAPITOL OF THE STATE OF TABASCO, MEXICO, IN THE CITY OF MIAMI' SISTER CITY PROGRAM Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None ABSENT: Vice -Mayor Plummer. Mrs. Gordon: What are dues in a Sister City Program? ?yorFerre: $300.00,----- Mrs. Gordon: For every Sister City program? Mayor Ferre: Iiow much, Mr. Andrews? M- . r.nd rew s : $ 300. 00 and we are going to take care of " that. We are including x .r n the next year budget. JUL 311975 39, LIBRARY ADVISORY BOARD - BRIEF DISCUSSION Mayor Ferre: How about this Library membership. The other day Beverly Phillips said you people don't even care, you have a vacancy and you don't make appointments, why should you keep them? She is right, So come on. Who do you want to appoint. Mr. Li,.r&ws; I may have a misunderstanding, and Mr, Lloyd, will you listen to this. From what I understand from the opinion that the City Attorney furnished the City Commission, it sounds like you have to appoint a Library Board and 3 members of that library Board would serve on the Metro Board. Mn I wrong in that? Mr. Lloyd: I don't remember now. Mayor Ferre; That doesn't make any sense at ail, We don't have a library so how can we have a library board. Mr, Andrews: The agreerent, the very area where we have protection in that agreement, ---on no, it was the County Attorney in his opinion, rendered thet, =..» 142JUL 311975 Mayor retreat floes each member gppoint� Mr. Andrews: Apparently. Mayor Ferre: Would you please tote prepared next tittle. This is the 3rd than this matter has come up. t want this commission to be prepared at the next meeting in September to appoint an library board. Mt. Andrews: We furnished you all the information and a templets list of recommendations. Mayor Ferre We need some names. Mr. Andrews: I got the names, they are all ltated in your book, they were sent to you Mr. Mayor. If you will. look under 20 you will find a list of about 9 or 10 names. Isn't it the same one? Mayor Ferre: No, it is not the same one. That is not the same One at all. Would you come up with some names and would you all work on that please. Mrs. Gordon: How many names do we need? Mayor Ferre: rive, one from each one, ---- Mr. Crt u h: Mr. Mayo;- I think that we reported to you we could show you a way that you could make direct appointments to the County's board as you: wish to, by a three -member board, and every time a vacancy occured you reappoint a 3rd member to that board then would take that person. Mayor Ferret We need to appoint 3 people. Mr. serving. Crouch: ----three people, and possibly two of them are presently Mayor Ferre: Would you all please try to come up with names. !JL311975 PROVIDE F R REP�g IRS TO 40, AMD,APP,ORD. LAWRENCE STORM HUMPING STATION N0, 31 AN ORDINANCE ENTITLED AN EMERGENCY ORDINANCE AMENDING APPROPRIATIONS ORDINANCE NO. 8316 ADOPTED OCTOBER 10, 1974 TO PRUVIDE $9,000. FOR REPAIRS TO LAWRENCE STORM PUMPING STATION NO. 31; REPEALING ALL ORDINANCES IN CONFLICT HEREWITR; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE was introduced by Commissioner Gibson and seconded by Commissioner Gordon for adoption n3 an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following Vote AY ,: Mr. Reboso, Mrs. Gordon, Rev. Gibson and Mayor terra. NOES: None, ABSENT: Vice-M.yox Plummer ABSTAINING: None Whereat -ion the Commission, on motion of Commissloner Gibson and seconded by Cowvissioner Gorgon adoptad said ordinance by the following vote. AYES; Mr. Reboso, Mrs. Gordon, Rev. Gibson and Mayor Ferre NOES; NOne, ABSENT: Vice -Mayor Plummer ABSTAINING; None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 8432, JUL1110/ 1. ACCEPT COMPLETED WORK JUL 31 1975 ORANGE BOWL. STAb1UM"RESTROOM REMODELING 1974 The following resolution WAS introduced by ComMISsioner Rebosb, who mbved its adoption RESOLUTION No, 75-736 A RESOLUTION ACCEPTING THE COMPLETED WORK PEAPO1 M b BY HISCAVNE CONSTRUCTION, INC. AT A TOTAL COST bF $167, 277. S2 AND AUTHORIZ- ING A FINAL PAYMENT OP $37►62S 95 POR THE ORANGE HOWL STADIUM - ABSTROdMS REMODELING - 1974. (Here follows body of resolution, omitted here and on file in the office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer. Jr. 42, ACCEPT COMPLETED CENTRAL DRAINAGE PROJECT E-33 WORK Jul 31 1975 The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 75-731 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF CENTRAL DRAIN- AGE PROJECT E-33 AT A TOTAL COST OF $112,848.35 AND AUTHORIZING A FINAL PAYMENT OF $13,215.29. (here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson 1.'yor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 11 L 311975 43, ACCEPT COMPLETED S, W. 8TH STREET BEAUTIFICATION- PHASE 1 WORK The following resolution was introduced by Commissioner Gibson, who moved its adoption; RESOLUTION NO. 75-732 A RF.SOL'.T_ION ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P. CUPPORATION AT A TOTAL COST OF $17,286.55 AND AUTHORIZING A FINAL PAYMENT OF $6,745.53 FOR S.W. 8 STREET BEAUTIFICATION PHASE I. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote- AYES; Commissioners Reboso, Gordon, and Gibson and Mayor Ferre, NOES None. ABSENT; Commi.ss.oner ,7.14, Plummer, Jr, JUL 311975 JUL 44. ACC PTPK COMPLETED IO the following resolution % a introduced by eomminsioner Gibson, who moved its adoption: PARKS - HARD SURFACE COURTS RESOLUTION NO. 7E-733 1974 A RESot1UTti N ACCEPTING TNE COMPETED HOAX PEAPOAMED BY P.J. CONSTRUCTORS. INC. AT A TOTAL COST Or $11, 280, 00 AND AUTHOR.. RING A EtNAL PAYMENT OE $2. ,2eO.O0 FOR THE PAAXS HARD SUR?ACE COURT 1974. (Here follows body of resolution, omitted hare and on file in the Offtte of the City Clerk.) Upon being seconded by commissioner RebOsO# the resolution was passed and adopted by the following (tote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. t'erre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. JUL 31 1975 45, ORDERING RESOLUTION DELAWARE SANITARY SEWER IMPROVEMENT q;5012 itS�i The following r,.aiation was introduced by Commissioner Reboso moved l.ts adoption: RESOLUTION NO. 75-734 who A RESOLUTION ORDERING DELAWARE SANITARY SEWER IMPROVEMENT SR-5390 C JEWER) AND DESIGNV..I ,.c; 7'7C2:ERTY AGAINST WHICH STh C• IAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS DELAWARE SANITARY SEWER IMPROVEMENT DISTRICT SR-5390 C (CENTERLINE SEWER) AND ALLOCATING FUNDS FOR SAME. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: ',1mmissioner J. L. Plummer, Jr. 146, ORDERING RESOLUTION BISCAYNE WEST HIGHWAY IMPROVEMENT H-4390 The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-735 A RESOLUTION ORDERING BISCAYNE WEST HIGHWAY IMPROVEMENT H-4390 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FORA PORTION OF THE COST THEREOF AS BISCAYNE WEST HIGHWAY IMPROVEMENT DISTRICT H-4390; AND ALLOCATING THE AMO!3N+ OF $5,000.00 FROM THE HIGHWAY BOND FUND FOR PRELIMINARY EY.PZ NSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso passed and adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A, Ferre NOES; the resolution was None, ,A.ASENT: Commissioner J, L. Plummer. JUL 311975 47, MIAMI BASEBALL OF The following reaoiut moved its adoptions MIAMI-DADE COMMUNITY COLLEGE -DOWNTOWN CAMPUS BASEBALL PRACTICE Oh was introdueed by Commissioner C ibmon, who RESOLUT1ON NO. 7S-736 A RESOLUTION ORANTINO USE OP THE MIAMI STADIUM BY MIAMI DADE COMMUNITY COLtECE, DOWNTOWN CAMPUS, POR THE PURPOSE OP CON» DUCTING ITS BASEBALL PRACTICE SESSIONS PROM SEPTEM BER g► 1 7S, THROUGH AN= INCLUDING DECEMBER S, 10/S, SUB:ECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY, AND AUTHOR/ZINO THE CITY MAMAGERt TO ENTER INTO AN AGREEMENT WITH MIAMI DADE COMMUNITY COLLEGE POR SAID USE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote AYESt Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Terre NOES: None. ABSENT: Commissioner J. L. Plummer CITY AND DADE COUNTY 48, AUTHORIZE TRIAL GOLFING FACILITIES RECIPROCAL AGREEMENT The following resolution w%#9 introduced hCommissioner rorAon, who roved its adoption: RESOLUTION NO. 75-737 A RESOLUTION AUTHORIZING A TRIAL RECIPROCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND DADE COUNTY, AND ANY LOCAL MUNICIPALITY WITH GOLFING FACILITIES TO ALLOW THE EMPLOYEES OF THESE MUNICI- PALITIES TO PAY ONE HALF PRICE OF THE REGULAR FEE, DURING THE MONTHS OF JULY AND AUGUST. JUL 311975 (Here follows body of resolution, omitted here and on file. in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote AYES: commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 146 JUL 311975 • 491 AUTHORIZE EXECUTION OF OU / T CLAIM DEED CORDON BROWNING AND OLGA BROWNING The following veer iutibn wea introduced by ComMiasioner Gibbon, who moored its adoption: RESOLUTION NO. 75-715 A R'ESotUTION AUTNCRIEIHG THE CITY MANAGER TO T9RANSPER, EY 1T CLAIM DEED, VHS ?DIMING bESCRIEEb REAL PROPERTY EEWN ING TO THE CITY CO NWT. TO GORDON EROWNING AND OLGA ER( NIt4G HIS WIPE: THE EAST 1/2 OR LOT 1, POMONA, AS RECORDED IN PLAT SOU 16, PAGE 75, OP THE PUELIC RECORDS of DADE COUNT, PLORIDA, CONTAINING 3,596.25 SQUARE PEET, MORE OR LESS. (Here fb1ioWs btdy of resoltatiori, omitted here and On file in the Office of the City Clerk.) Upon being seconded by Coinrissioner Reboso, the resolution as passed and adopted by the following vote- AYES: Commnissioner Menolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Verre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. JUL 31 1975 50. CLAIM SETTLEMENT - JEANETTE T. WOLFSON) ATTORNEY RICHARD A. SADOW The following resolution was introduced by Commissioner Reboso, Who moved its adoption: RESOLUTION NO. 75-739 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO PAY TO JEANETTE T. WOLFSON AND PHILLIP WOLFSON, HER HUSBAND, AND THEIR ATTORNEY, RICHARD A. SADOW, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1200.00 IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES SUSTAINED BY MRS. WOLFSON, UPON THE EXECUTION OF A RE- LEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed ar. adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 147 a `JtJL Si 1975 MW Mff- 14 CLAIM S':TTLEMENT CAROLE LINDSEY AND ATTORNEY JOSEPH Tt WOODWARD The following resolution was introduced by Commissioner ebosa, who moved its adoption: RESOLUTION NO. 7 740 A RESOLUTION AUT}#0RIZ1NS AND DIRECTING THE DIRECTOR Op puNAN T RAY TO CAROLE =bStyY AND HER ATTORNEY, JOSNPH T. WOODWARD, WITHOUT THE ADMISSION or tdIABILfl?, tmt sum OP $1200 IN PULL AND COMPLETE SETTLEMENT or HER CLAIM AGAINST THE CITY OP MIAMI tOR ALLEGEb PERSONAL IN3'tltitirs SUSTAINED Bt HER, UPON THE EXECUT- ION OP A RELEASE AELEASINO THE CITY or MIAMI OM ALL Cat S AND DEMANDS. (Here follows body of resolution, omitted here aid on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution Was passed and adopted by the following vote - AYES: Commissioner Manolo reboso Commissioner Rose Gordof Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer 52. ENTER INTO A3REEMENT J JL 31 1975 MANPOWER PLANNING COUNCIL FOR DADE & MONROE MIAMI RECREATION SUPPORT PROGRAM FOR DISADVANTAGED YOUNG RESIDENTS The following resolution was introduced by Commissioner Gordon, who AMA its adoption IEJOLUTION NO. 75-741 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN ENTERING INTO AN AGREEMENT BY AND BETWEEN THE MANPOWER PLANNING COUNCIL FOR DADE AND MONROE COUNTIES TO IMPLEMENT A MIAMI REC- REATION SUPPORT PROGRAM FOR DISADVANTAGED YOUNG RESIDENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibdon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon ,lommissioner (Rev.) Theodore Gibson Mayo_ Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer. 148 JUL 311975 JUL Si 1975 PROFESSIONAL DESIGN SERVICES 53, ADvERTISF AND RECEIVE PROPOSALS FOR PIXIE COMMUN'rYY PARK The following resolution WaB iritr aduced by CetnirtiesiOner dibson, Who tloved its adoption: RESOLUTION NO. 75042 A RESOLUTION AUTHOAIZING AND DII C C'ING THE CITY MANAGER TO ADM,. 't'ISE FOR AND RECEIVE PROPOSALS FROM LANDSCAPE AACHITECTURE FIRMS Its DADE COUNTY FOR PROFESSIONAL DESIGN SERVICES POA DIXIE C'OMMt N ITY PARK LOcATEb AT 401 N.W. 12TFH STREET AND THE NEW CENTRAL NEXGHB0t ioob PARK LOCATED AT N.W. 5TH AVENUE AND N.W. 1OTf STREET, x0 SUBSEQUENTLY APPOINT A COMPETITIVE SELECT/ON COMMITTEE POR THE PURPOSES OF REVIEW, EVAX,UATXON AND RANXING OP INTERESTED FIRMS Ii4 TERMS OP 'I'm IR Qt1ALt?tC.t0NS TO PERF'oRM NSEbEb SERVICES, Mb TO NEGOTIATE A CONTRACT WITH SAtb FIRMS. (Here follows body of resolution, omitted here and on file it the office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer. JUL 311975 54. APPOINT ADDITIONAL MEMBERS - ADVISORY COMMITTEE ON SUBSTANCE ABUSE The. :ollowing resolution was intrcd?sced by Commissioner ' oreon, who moved its adoption: RESOLUTION NO. 75-743 A RESOLUTION APPOINTING THREE ADDITIONAL MEMBERS TO THE ADVISORY COMMITTEE ON SUBSTANCE ABUSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ASSENT: Commissioner J. L. Plummer JUL 31 1975 55, AWARD BID - READY -MIX CONCRETE The following resolution was introduced by Commissioner. Reboso, who moved its adoption: RESOLUTION NO. 75-744 t?I;;4ULUT.CON ACCEPTING THE BID RECEIVED JULY 14, 1975 FROM RINKER N.:i'IERIALS CORP. FOR FURNISHING READY -MIX CONCRETE ON A CONTRACT BASIS FROM DATE OF AWARD THROUGH SEPTEMBER 30, 1976, FOR THE PUB- LIC WORKS DEPARTMENT AT $18.00 PER CU. YD., AT AN APPROXIMATE ANNUAL COST OF $79,000.00, FUNDS BEING AVAILABLE IN THE 1974-75 AND 1975-76 FISCAL YEAR BUDGET FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) 149 JUL 311975 Upon being seconded by CoTh ieeioner Gibsoh, the reso.Utitt5 Walt passed aiia adopted by the following voter AYES: Commissioner Manolo Reboso Commissioner Rose cordon Commissioner (Rev.) 'Theodore Gibson Mayor Mautioe A. Perre NOESt None. ADSEt4T# Cotnniseioner J. L. Plummer 56. AWARD BID - FORTY TONS OF F RTI LI Z R The following resolution was introduced by Commissioner be sop who MO ed its adoptions RESOLUTION NO. 75-745 A RESOLUTION ACCEPTING THE BIb RECEIVED PROM P.E.C. FERTILIZER COMPANY FOR FURNISHING FORTY TONS OP PERTILIZER FOR THE PAP AND RECREATION DEPARTMENT AT A TOTAL COST OF $4, 7g6. SC 1 =HOE- IZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PUECNASING DEPARTMENT TO ISSUE PURCHASE ORDERS FOR THIS MM'ERIAL AFTER FIRST DETERMINING THAT FUNDS ARE AVAILABLE POR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commdssioner Gordon, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. I SENT: C. 'm rsioner J. L. Plummer JUL311975�_ 57, AWARD BID - EMULSIFIED ASPHALT The following resolution was introduced by Commissioner Reboso, mho moved its adoption: RESOLUTION NO. 75-746 A RESOLUTION ACCEPTING THE BID RECEIVED JULY 1, 1975 OF JETCOAT EMULSIONS FOR FURNISHING EMULSIFIED ASPHALT FOR THE PUBLIC WORKS DEPARTMENT, ON A CONTRACT BASIS FOR ONE YEAR FROM DATE OF AWARD, AT $.30 PER GALLON FOR AN APPROXIMATE ANNUAL COST OF $60,000.00; FUNDS PROVIDED FOR SAME IN THE 1974-75 AND THE 1975-76 FISCAL YEAR BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer. 150 JUL 3 1975 0 JUL 311975 58, AWARD BID ADDITIONAL FENCING FOR MARINE STADIUM STORAGE AREA The ft llowinq resolution Wee introduced by COMMissioner G rdbft, Who moved its adoption: AOLUTlt N No. 75,747 A htsotutION ACCEPTING THE SID 1 CEIVFED PROM PENCE MASTHAt INC. At A COST oP $5,E50.00 POR PUPNISNTNG ADDITIONAL PENCING FOR THE MARINE STADIUM STORAOH AttEA POP THE Putt=C PACILITIE8 DEPAMMENTS AUTHORs2ING AND DIRECTING THE CITY MANAGER TO It STAUCT THS PUP. CHASING DEPAATMENT TO IStUk A PUttCHAst bRDEit POP TN#S MATE AL USING Ft IibS PROM THE MARINE STADIUM FUNf, t3ALANCE POP THIS PURPOtt. (Here follows body of resolution, omitted hare and rift file in the Office of the it Clerk.) Upon being seconded by Commissioner Reboso, the resolution Wee passed and adopted by the following vote- AYES: Commissioner Maholo Rebobo Commissioner Pose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Perre NOES: None. ABSENT: Commissioner J. L. Plummer 59, AWARD BID - TWO PORTABLE EKG TELEMENTRY PACKAGES JUL 31 1975 FIRE DEPARTMENT The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-748 A RESOLUTION ACCEPTING TEE BID RECEIVED JULY 14, 1975 FROM MOTOROLA, INC. FOR FURNISHING TWO PORTABLE EKG TELEMENTRY PACKAGES FOR THE RESCUE DIVISION -OF THE FIRE DEPARTMENT AT A TOTAL COST OF $7,500.00; USING FUNDS PROVIDED FOR THIS PURPOSE FROM FEDERAL REVENUE SHARING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson t!ayor Maurice A. Ferre NOES: None. .`:3SENT: Commissioner J. L. Plummer 60, AWARD BID - PUMPS AND STARTERS FOR DEPT. OF PARKS AND RECREATION The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-479 A RESOLUTION ACCEPTING THE BID RECEIVED FROM HUGHES SUPPLY, INC, FOR FURNISHING PUMPS AND STARTERS FOR THE MIAMI SPRINGS GOLF COURSE FOR ITEM NO, 1 AT $7,950.64, ITEM NO. 2 AT $4,878.62, ITEN NO. 3 AT $978.18 AND ITEM NO. 4 AT $1,186.08, AT A TOTAL COST OF $14,893.52; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PUR- CHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT FUND FOR THIS PURPOSE, (Here fgllows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution Was Passed and adopted by the foliowf.ng vote- AXIS; Mr. RebQso, Mars, Gordon, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer, 151 JUL311975 The following r olution was introduced by CONDiegioner AebOoo, who moved it adoption: RESOLUT/ON NO. 75060 A RESOLUTION ACCEPTING tilt bib RECEIVED PROM ARIES MARINE CORg. POPATION FOR INSTALLING PLAYGR.OtiNb EQUIPMENT AT SIX (6) PAM: NAMELY GROVE MINI PAM(' PULLMAN PAM, XtRk MUNROE PAM, SAYAN ?AR, TRIANGLE PARR ANb 151ANCHt PARX AT A TOTAL eon OP $6,6S0.00 rok ITEMS 1, 2 ANb 1: AUTHORI2ING AND DIRECTING THE C/TY MANAM To INsTRuCT THt PURCHASING DEPARTMENT to ISSUE A PURCHASE ORDER POR THIs EOUIPMENT; AtlioeltiNC rdNDS rPoM THt "PAM FOR PEOPLE" PROGRAM PoR THIS PURPoSt. (Here follows body of resolution, omitted here and On file in the Office of the city Clerk.) Upon being seconded by Commissioner Gordon, the resolUtiOn was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Perre NOES: None. ABSENT: Commissioner C. L. Plummer. The following motion was introduced by Commissioner Reboso, who moved its adoption: MOTION NO. 75-751 A MOTION OF INTENT TO WAIVE RENTAL FEE FOR BAYFRONT PARK AUDITORIUM ON AUGUST 17, 1975, FROM 2 TO 11 P.M. FOR THE PURPOSE OF RAISING FUNDS FOR MR. ORLANDO VALLEJO. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AXES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Terre NOES: None. ABSENT: Commissioner J. L. Plummer. JUL 3 1 1975 62, AWARD The ollowing resolution was introduced by Commissioner Gordon, who moved its adoption: FIRST • n, FSTREET PAVING PROJECT RESOLUTION NO. 75-752 A RESOLUTION ACCEPTING THE BID OF STONE PAVING CO. IN THE ESTIMATED AMOUNT OF $35,492.19 FOR S.W. 1 STREET PAVING PROJECT - 1975; ALLOCATING THE AMOUNT OF $35,492.19 FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUND" TO COVER TEE ESTIMATED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $3,549.22 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATINGFROM SAID ACCOUNT THE AMOUNT OF $709.59 TO COVER THE COST OF INCIDENTAL EXPENSE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM, 152 JUL 311975 here followe body of resaution, omitted here and eta file ih the Office of the City Clerks) Upoh being seconded by COMAissiorter Gibson, the resolution was passed end adopted by the following vote - Atom Reboso, Rev. Gibe0tt, Mre rdan and Mayor Perre NOSS; None. ARStMT: rtr. Rluirn1'er. ,.. ,JUL 311975 AWARD BID WEST GRAPELAND SANITARY SEWtR IMPROVEMENT SR-5387 G AND The following resolution was introduced by ComMiseibner Gibson, who moved its adoption: RESOLUTION NO. 75-753 A RESOLUTION ACCEPTING THE BID RECEIVED FROM GOODWIN, INC. IN THE AMOUNT OF $2,375,222.95 POR WEST GRAPELAND SANITARY SEWER IMPROVEMENT SR-5387 C (centerline sewer) AND SR-5387 S (sideline sewer) IN WEST GRAPELAND SANITARY SEWER IMPROV- MENT DISTRICT SR-5387 C (centerline sewer) AND ER-5387 S (si%Ic ine sewer) ; ALLOCATING THE AMOUNT OF $2, 375,222.95 FROM THE ACCOUNT ENTITLED "SANITARY SEWER BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING PROM SAID ACCOUNT THE ADDITXOAAL AMOUNT OF $197,522.30 TO COVER THE COST OF PROJECT EXPENSE; FURTHER ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $37,504.75 TO COVER THE COST OF ADVER- TISING, TESTING LABORATORIES, POSTAGE AND BLUEPRINTING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITf SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon and Mayor Ferre NOES: None. ABSENT: Mr. Plummer and Mr, Reboso. G't. i4, AWARD BID - S, W. 8TH AVENUE SIDEWALK IMPROVEMENT SK-4387 in t 1. 31 1975 The following resolution was introduced by Commissioner Gordon, who moved its adoption; RESOLUTION NO. 75-754 A RESOLUTION ACCEPTING THE BID OF TROPICAL INDUSTRIES, INC. I; 'ME AMOUNT OF $1,613.50 FOR S.W, $ AVENUE SIDEWALK IMPR- OV:MENT SK-4387 IN S.W. 8 AVENUE SIDEWALK IMPROVEMENT DISTRICT SK-4387; ALLOCATING THE AMOUNT OF $1,613,50 FROM "THE SIDEWALK BOND FUND" TO COVER THE COST; ALLOCATING rsom SAID ACCOUNT THE ADDITIONAL AMOUNT OF $300.50'TO COVER TH COST OF ADVEWTISING, TESTING LABORATORIES AND BLUEPRINTING; AND AUTHORIZING THE CITY MANAGER TO EKECUT>J A CONTRACT WITH SAID FIRM. (Here followe body of xepolution, omitted liege and on file in the Office of the City Clerk,) 153 JUL 311975 Upon being Aeconded by Commissioner Gibson, the resolution WAS palmed and adopted by the following vote - Mg! Rev, Gibson, Mrs, Gordon and Mayor Fargo. NOES: gone ASSENT: Mr. Plummer and Mr. Reboaa, JUL 31 1 915 AMEND tabI8 4S APPROPRIATE $ 5)000 TO THE ACCOUNT OF 65. FED, ITV, SH i FUNDS DOUGLAS GARDENS JEWISH Home & HOSPITAL FOR THE AGED AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 8345, WHICH APPROPRIATED FEDERAL REVENUE SANG PUNTA, TRANSFERRING $2,500 FROM EXTENSION OP RECREATION PROGRAM, $5,000 PROM MECHANIZATION P tOOPAM, $2,500 FROM POLICE TRAINING PROGRAM, $5,000 PROM MODERN, IZATION OP BUDGETARY AND PINANCIAL PROCEDURES AND $5,000 FROM WILDING CODE ENFORCEMENT - CENTRAL RECORDS SYSTEM, AND APPROPRIATING THE TOTAL CV $ 25 , 000 TO THE ACCOUNT OF DOUGLAS GARDENS JEWISH HOME AND HOSPITAL FOR THE AGED; PROVIDING AN EFFECT- IVE DATE: REPEALING ALL ORDINANCES AND CODE SECTIONS IN CONFLICT THEREOF, INSOFAR AS THEY APE IN CONFLICT; AND CONTAINING A SEVERABILITY PRDVISION. was introduced by Commissioner Gordon and seconded by Commissioner Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer and Mr. Reboso. ABSTAINING: None. Whereupon the Commission on motion of Commissioner Gordon and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer and Mr. Reboso. ABSTAINING- None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8433. The City Attorney read the ordinance into the public record and anno»nced that copies were available to the members of the City Commission and to the public. 154 'JUL 811975 JUL ss 19/5 AMEND 0Rba8342 BANSFERRtNG FUNDS PROM WYNWOOD COMMUNITY DAY CAREb6, ISON LITTLE�RIVER SELF HELP COMMUNITY COUNCIL PROJI YOUvk Are ORDINANCE ENTITLED - AN EMENCENCY ORDINANCE AMEND= ORDINANCE NO. S342 DATED DECEMEE1t 17, 1974, EY PSbUC1NC ITEM 19, WYNWOOD COMMUNITY DAY CARE CENTER, FROM $40►00O TO $24,670 AND BY ADDING A NEW ITEM 31► 1;bIsON LITTLE RIVER SELF HELP COMMUNITY CoUNCIL tROdECT YOUTH, WITH AN ALLOCAT- ION OP $15,33Ot REPEALING ALL ORDINANCES AND CODE SECT.. IONS IN CONPLICT THERM'', INSOFAR AS THEY ARE IN COW. FL/CT; CONTAINING A SEVERABILITY PROVISION; AND Pb'R VSDING FOR AN EFFECTIVE DATE. Was introduced by commissioner Gibson and seconded by Commissioner Cordon, for adoption as an emergency measure and dispensing with the recittlirement of reading same on two separate days, which was agreed to by the following vote AYES: Rev. Gibson, Mrs. Gordon and Mayor Perre. NOES: None. ABSENT: Mx. Reboso and Nit'. Plummer. ABSTAINING: Notie. Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Gordon, adopted said ordinance by the following vote: AYES: Mr6. Gordon, R:tr. Gibson and Mayor Ferre. NOS: Nnr, . ABSENT: Mr. Reboso and Mr. Plummer. ABS2A NIt1G: None. SAID W-VINANNCE WAS DESIGNATED ORDINANCE NO. e434. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. JUL 311975 AUTHORIZE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI 6%, TO ADMINISTER THE FACILITY KNOWN AS PROVIDINGFOR "GUSMAN HALL" BOARD ETC. AN ORDINANCE ENTITLED - AN ORDINANCE AUTHORIZING THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI, OR THEIR SUCCESSORS, TO ADMIN- ISTER THE FACILITY KNOWN AS BUSMAN HALL LOCATED WITH- IN THE CITY OF MIAMI; PROVIDING GUIDELINES TO. BE UTIL- IZED IN THE ADMINISTRATION OF SAID FACILITY; PROVID- ING FOR THE APPOINTMENT OF AN ADVISORY COMMITTEE CON- SISTING OF FIVE MEMBERS, WITH MAURICE GUSMAN AS HONOR- ARY CHAIRMAN, TO ADVISE SAID OFF-STREET PARKING BOARD ON MATTERS OF POLICY CONCERNING THE OPERATION OF SAID FACILITY; CONTAINING A SEVERABILITY PROVISION; DECLAR- ING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON 'JWC SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR- i'IFTHS OF THE MEMBERS OF THE COMMISSION. etas introduced by Commissioner Gibson and seconded by Commissioner Cordon: for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which Was agreed to by the t,Alowing vote AYES; Mrs. Gordon, Rev. Gibson and Mayor Ferre, NOES; None. ABSENT; Mr, Plummer and Mr, Reboso. ABSTAINING: None, Whereupon the Cortnissi.on on motion of Commissioner Gibson and seconded by Commissioner Gordon}, adopted said gr'dinanee by the foflQWln9 vote; 11Z5Z5 JWL 311975 AYES t Mrs, Gordon, hers. Gibson and Mayot Fette, NODS 3 Mahe. ABSENTMt. Plummet and Mt. Aeboso. AESTAINIHG: t4ttt►e. S ORDINANCE WAS. DEStG AThb ORDINANCE No a $. The City Attorney read the ordit►aloe into the public record and announced that copies were &Veilable to the members of the City Cottu ission and to the public. JUL 31 1915 RESOLUTION PROGRAMMING PURCHASE OF "FEINBERG TRACT° FOR THE 6i6, PROCEEDS FROM SALE OF CONSTRUCTION OF A CONVENT/ON VIRGINIA KEY LAND TO: CENTER The following resolution was introduced by Commissioner Gibson who :totted its adoption: RESOLUTION NO. /5-755 A RESOLUTION PROGRAMMING THE PROCEEDS FROM THE SALE Op THE VIRGINIA KEY SEWAGE DISPOSAL TO THE MIAMI-1ADE WATER AND SEWER AUTHORITY TO ASSIST IN THE PURCHASE OP 'TITRE PROPERTY COMMONLY KNOWN AS THE FEINBERG TRACT, AND THE CONSTRUCTION OF A CONVENTION CENTER THEREON, SUPPLEMENT- ING FUNDS PREVIOUSLY OBTAINED BY THE SALE OF CONVENTION CENTER GENERAL OBLIGATION BONDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso and Mr. Plummer. 69, RESOLUTION PROGRAMMING UNENCUMBERED BALANCE JUL 31 1975 $4,147,065,35 CONVENTION CENTER GENERAL OBLIGATION BONDS F R ACQUISITION OF PROPERTY KNOWN AS I'EINBERG IRACT The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-756 A RESOLUTION PROGRAMMING THE UNENCUMBERED BALANCE OF $4,147,065.36 CONVENTION CENTER GENERAL OBLIGATION BONDS AUTHORIZED BY RESOLUTION NO. 36153 ON NOVEMBER 18,,1974, FOR THE ACQUISITION OF PROPERTY IN THE DOWNTOWNAREA OF THE CITY OF MIAMI, COMMONLY KNOWN AS THE FEINBERG TRACT, AND THE CONSTRUCTION OF A CONVENTION CENTER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote- AYES: Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES; None. ABSENT: Mr. Plummer. and Mr, Reboso. 156 JUL 311975 JUL ss 1975 70, ALLOCATE $15)330 TO EDISON LITTLE RIVER SELF HELP COMMUNITY COUN .tL PROJECT YOUTH The following resolution was .Ilitroduoe.. by Co.MMissioner Gibson, whb Moved its adoption: RESOLUTION NO. 75-757 A RESOLUTION AUTHORIZING TRE DIRECTOR OP /NANCE TO ALLOCATE THE SUM nF $15, 330 TO Tt3E Ebr5ON LITTLE RIVER HELD' HELP COM- MUNITY COUNCIL - PROJECT YOUTH. (Here follows body of resolution, omitted here and on file ih the Office of the city clerk.) upon being seconded by Cotmnissioner Gordon, the resolution was passed and adopted by the following vote AYES: Mrs. Gordon, Rev. Gibson and Mayor Ferree NOS: Note. ARSENTe Mr. Reboso and Mx Plummer, AL 31 1975 RESOLUTION DEFERRING ITEM 12, JULY 31 AGENDA -CHANGES OF ZONING AREA NORTHEASTERLY AVIATION AVENUE BETWEEN TIGERTAIL AND S.BSH,DR The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-758 A RESOLUTION DEFERRING ITEM 12 OF THE JULY 31, 1975 CITY COMMISSION MEETING ENTITLED COAN„ES OF ZONING AREA NORTHEASTERLY OF AVIATION AVENUE, BETWEEN TIGERTAIL AVENUI AND SOUT.II BAYSHORE DRIVE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer and Mr. Reboso. 72, RESOLUTION PROVIDING NO BUILDING PERMITS BE ISSUED • AREA GENERALLY DESCRIBED AS- J1 MUD NELI...,y� AVIATION AVE BETWEEN TIGERTAIL AVE & SO,ISH.JJR. UNTIL APPROVED BY COMMISSION ETC, The +ollowing resolution was introduced by Commissioner Gordon, who moved 2% , adopt•ivn: RESOLUTION NO. 75-759 A RESOLUTION PROVIDING THAT NO BUILDING PERMIT BE ISSUED IN THE AREA GENERALLY DESCRIBED AS LOCATED NORTHEASTERLY OF AVIATION AVENUE, BETWEEN TIGERTAIL AVENUE AND SOUTH BAYSHORE DRIVE, AS SHOWN ON THE MAP ATTACHED HERETO AND MADE A PART HEREOF, UNTIL IT IS FIRST APPROVED BY THE CITY COMMISSION; SAID RESOLUTION SHALL REMAIN IN EFFECT FOR A PERIOD OF 120 DAYS OR UNTIL SUCH TIME AS THE CITY COMMIS- SION ACTS ON THE STUDY THAT IT HAS REQUESTED OF THE PLAN- N!NG DEPARTMENT, WHICHEVER IS SOONER. Were follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by CoMmissi.oner Gibson, the resolution was passed and adopted by the following vote - AYES; Mrs. Gordon, Rev. Gibson and Mayor Ferre, NOES; None, ABSENT; M. Reboso and Mr, Plummer. e AUTHORIZE PLANNING DEPARTMENT TO RECONSIDER JUL a 1 19/5 AREA NELY AVIATION AVE BETWEEN TIGERTAIL AVEI AND SDASH,DR1 TO DETERMINE IF AREA SHOULD RE PLACED IN SPECIAL OVERLAY DISTRICT The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 'S s A RESOLUTION AU'11ORI2ING THE PLANNING DEPARTMENT AND PLAN, NINE ADVISORY BOARD TO RECONSIDER THE AREA ON TN2 MAP ATTACHED HERETO, WHIM IS GENERALLY DESCRIDED AS LOCATED NOR'1 EAsTEi LY OP AVIATION AVENUE, SEMEN TIGER "AIL Aim AND sOUTH RAYSHOR2 DRIVE, TO DETERMINE WHETHER SAID ARRA SHOULD HE PLACED IN A SPECIAL OVERLAY tONING DISTRICT. (Here follows body of resolution, ogitted here and on file in the Office of the City clerk,) Upon being seconded by Commissioner Gibson, the resolution WAS passed and adopted by the following Vote- AYSSt Mrs, Gordon, Bev. Gibson and Mayor Ferre. NOES; None. M : Mr. ?1inuner and Mr. Reboso, JUL 31 1975 74, RESOLUTIONS CONFIRMING MOTIONS MADE AT LAST MEETING Me following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-761 A RESOLUTION GRANTING FREE USE OF BAYFRONT PARK AUDITORIUM TO THE YOUTH HONOR DAY COMMITTEE FOR THE EVENT WHICH WAS HELD ON WEDNESDAY, JUNE 5, 1975; SUBJECT TO THEIR PAYMENT OF THE COSTS BORNE BY THE CITY FOR EVENT PERSONNEL, INSUR- ANCE AND OTHER DIRECT COSTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer and Mr. Reboso. The following resolution was introduced by Commissioner Gibson, who moved its adoption; RESOLUTION NO. 75-762 A RESOLUTION GRANTING FREE USE OF BAYFRONT PARK AUDITORIUM TO THE MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION'S ANNUAL POLICEMEN'S BALL TO BE HELD ON SATURDAY, JULY 19, 1975, SUBJECT TO THEIR PAYMENT OF THE COST$ BORNE BY THE CITY FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, passed and adopted by the following vote- AYES: Mr4 , Gordon, Rev. Gibson and Mayor Ferre, WAS; None. ABSENT; Mr. Plummer and Mr, Reboso, 158 the resolution was JUL 311975 The following rebo2.t Lion was introduced by dommissioner Gibson, who riled its adoption: i SbLUT ON N0, 15.063 A RSSbt tJTtON GRANTING PABB On Off' WATSON /SLAM VOA A EICSNPBNNLA,L PtC fC OBSSRVANCE To tt nib ON ?MAY* at m 4, 1975: StisSECT TO BAYMt NP POR VONT pE S-0M L tt S tlANCE AND t US i btt CT COSTS BOABY THE CITY. (Here follows body of resolution, omitted here and on file ih the Office of the City Clerk.) Upon being seconded by Cotfxni.ssioher Gordon, the resolution was passed and adopted by the following Vote. AYES: 2eV. Gibson, Mrs. Gordon and Mayor Fetre NOS : None ► WENT: Mr. Plurhmer and Mr. Reboso. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75=764 A RESOLUTION GRANTING FREE USE OF BAYFRONT AUDITORIUM FOR A PUERTO RICAN DAY CELEBRATION TO BE HELD ON JULY 25, 1975: SUBJECT TO PAYMENT FOR EVENT PERSONNEL, INSUR- ANCE AND OTHER DIRECT COSTS BORNE BY THE CITY. {Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer and Mr. Reboso. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-765 A RESOLUTION APPOINTING JULIA TIGER TO THE COMMITTEE ON THE STATUS OF WOMEN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed'ani adopted by the following vote - AYES: Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso and Mr. Plummer. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-766 A RESOLUTION DESIGNATING THE MINI PARK AT AND BRICKELL PLAZA, MIAMI AS ALLEN MORRIS (Here follows body of resolution, omitted file in the Office of the City Clerk.) S.E. 10TH AVENUE PARK. here and on Upon being seconded by Commissioner tJordon, the resolution was passed and adopted by the following vote - AM: WO, Gordon, Rev. Gibson and Mayor Ferre, NOHS; None, ABSENT; Mr. Plummer and Mr. Reboso, 159 JUL 311975 e following resolution wab introduced by oommissiaheGibson, who Moved its adoption RESOLUTION NO, 75=767 A RESOLUTION GATING FREE USE of kobEAR' KING HIGH PARK ?ok A BOY SCOUT CAMPOUT ON JUNE 21, JULY 10, AUGUST 22, AND AUGUST t s 24, 19751 SUBJECT To PAYMENT ?tit EVEN' PERSONNEL, INSURANCE AND Oak DIRECT COS!s BORNE BY THE CITY, (Here follows body of resolution, omitted here and Oh file ih the Office of the City clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following Vote Aral Mrs, Gordon, N'{eV. Gibson and Mayor Ferre. NODS: None. ABSENT: Mr. Reboso and Mr. P1Ummer. TO INCLUDE POSITIONS OF: SSISTANT CITY CLERK 75, ORDINANCE AMEND ORD.223O ASSISTANT EXEC,SECRETARY-CIVIL SERVICE BOARD ASST►EXEC.SECTY `PLANNING BOARD Mayor ?erre: You're objecting? Mr. Prank Williams: Yes. Mayor Ferre: What is this? I thought this was a non -controversial thing. Mr. Williams: I gave the commissioners and the Mayor copies of my opinion that this was violating my contract. Mayor Ferre: Alright, this matter will be deferred until we have a full commis- sion here for discussion, Mr. Williams: Thank you. 76. OF CONTRACT JUL 31 1975 AUTHORIZE EXECUTION PROFESSIONAL SERVICES AS CLAIM ADJUSTOR PAUL WEBER "CLAIMS SUPERVISOR" The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-768 A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MR. PAUL WEBER TO PERFORM PROFES- SIONAL SERVICES AS A CLAIMS SUPERVISOR FOR A PERIOD OF ONE YEAR BEGINNING ON THE 1ST DAY OF AUGUST, 1975 ANI) TERMINAT- ING ON THE 31AT DAY OF JULY, 1976, WITH $17,400 AS THE FEE FOR SUCH SERVICE, TO BE DISBURSED FROM THE SELF-INSURANCE PROGRAM FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Couunissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Rev, Gibson, Mrs. Gordon and Mayor Ferre. NOES. None, ASSENT. Mr. Plummer and Mr. Reboso, 160 JUL 3 1 1975 J U L 311975 LACING REQUEST _CITY ATTORNEY FLORIDA POWER & LIGHT FRANCHISE FEES IN ESCROW 771 TO WITHDRAW MOTION FURTHER URGING PUBLIC SERVICE COMMISSION TO EXPEDITE FRANCHISE FEES AND RULE ON QUESTION The following resolutions was introduced by Commissioner Gibson,, whb moved LtS adoption PtSoLUTION NO. 75 769 A AtSOtUTION 1EQUtSTING THE CITY ATToPtitY TO WITHbAAW T'HE MoTION PLACING FLORIDA t'OMER AND LIGHT r1 ANCHISE FEES IN AN RSC OW ACCOUNT: AND PUP'HER UkOING THE FLOkubA PUSLIC SERVICE COMMISSION TO EXPtbtTE THE GENSRAL INVESTIGATION OF FRANCHISE FEES AND ktYLE ON TM/S QUSSTION AS SOON AS t'oSS IBr.E . (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote= AYES: Rev. Gibson, Mrs. Gordon and Mayor Pierre. NOES: None. ABSENT: Mt. Reboso and Mr. Plummer. JUL 31 1975 78, RESOLUTION ACCEPTING DEED TO "GUSMAN HALL" The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-770 A RESOLUTION ACCEPTING THE DIED TO GuSMAN HALL FROM MAURICE GUSMAN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mx. Plummer and Mr. Reboso. J U L 31 1975 79, MERRILL-STEVENS LEASE - BRIEF DISCUSSION '•_r. Lloyd. 'li`_h regard to 'terrill-Stevens versus City o `tiani, on tye lease situation the court ruled in favor of Merrill -Stevens holding that they have a right under a contract to renew their 10 year lease. That gives them 9 years to go. We feel at this time that, and George Knox our contract expert handled the case, he recommends, I concur that we do not appeal said decision. Mrs Gordon: Why? Mr, Lloyd: Because there were three contracts. The last contract which is what the court ruled was the valid one did not contain the clause allowing us to cancel the contract upon six months notice. It is up to you, if you instruct me to appeal we will. 161 JUL 311975 NATION EN INTENT TO AU U T , 1 7 MRON O F $C�� WADE RENTAL FAR �tVIG �Tt�N �F �I.�JRIt�Afr BAYPRONT PARK AUDITORIUM Mayor Perret We've gnat a Letter here from Ellis tomes, Civie Aotion or something. They want on Saturday, the 2Ird day of August the use of Hayfront park Auditorium beeause all the Uhion people, the Latin unions are going to have a meeting of... Mrs. Oordont They want to use it. They pay the costs of the things., I'll move it. Mayor Ferret He ;says he wants permission to uee. . Yes. On the g ird of August if it's available at 4t00 O'Clock. All the Cuban uniOhs. The following motion was introduced by Commissioner Gordo; , who rtsved its adoption: MOTION No. 75i 771 A MOTION OF INTENT TO WAIVE MENTAL FEE POR oat OP SAYFRONT PAM AUDITORIUM ON AUGUST 23, 1075, raft A MEETING OF CIVIC ACTION OF PLOR DA. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer and Mr. Reboso. JUL 31 1975 HIS CITY ATTORNEY REPORT ON F.E.C. CONDEMNATION - BRIEF DISCUSSION Mr. Lloyd: ".ter. •4a!?or, One more thin,:. With re^arA to the ori^ion of the Supreme Court on the F.E.C. case unless the commission instructs me otherwise I think I've communicated with you orally on this, I do not intend to file a petition for rehearing - accepting it as it is. WE will expect a petition for rehearing, of course, from the railroad. The city, I recommend that we be satis- fied with what we've got. Mayor Ferre: We came out alright. Mr. Lloyd: That's right, I'm just informing the commission ADJOU�W'�D': HERE BEING NO FURTHER BUSINESS TO COME BEFORE THE C I1' c1ISS ON, ON MOTION DULY MADE AND SECONDED, THE MEETING' WAS ADJOURNED AT Jt C'I.LOCK �.I"I� ATTEST: H. D, SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK 162 M4UR I CAAFERRE JUL3fl91 CI'�'Y OF M�IAMI DOCUMENT INDE ITEM NO DOCUMENT IDENTIFICATION 2 10 12 13 14 15 COMMISSION AGENDA AND CITY CLERK REPORT ACCEPTING THE COMPLETED CONSTRUCTION OF GOODWIN, INC. ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P. CORPORATION AT A TOTAL COST OF $28,689.40 ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY GRANTING PERMISSION, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 32 FOR CONSTRUC- TION OF INTERCEPTOR VENT STATION ON E40, LOT C, BLOCK 1, SILVERSON AND TATUM'S DRIVE AT N. W. 3RD STREET. ADOPTING THE STUDY ENTITLED NORTHEAST COMMUNI- TY COMPREHENSIVE PLANNING DEPARTMENT, SUBJECT TO CERTAIN AMENDMENTS. AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO ENTER INTO THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF, FOR THE PUR- CHASE OF CERTAIN REAL PROPERTY IN THE DOWN- TOWN AREA OF THE CITY OF MIAMI FROM THE FEINBERG FAMILY. ACCEPTING THE BID RECEIVED FROM PROPERTY MANAGEMENT AND MAINTENANCE, INC. ACCEPTING THE BID RECEIVED JULY 29, 1975 OF MINORITY SYSTEMS, INC. ACCEPTING THE BID OF SOLO AIR CONDITIONING & HEATING CO., INC. ACCEPTING THE BID OF OVIDIO P. RODRIQUEZ, JR. IN THE AMOUNT OF S78,750 FOR PARKS -SHELTERS & COMFORT STATIONS-1975 (ITEMS 1 & 3) ACCEPTING THE BID OF AD-A-LITE ELECTRIC, INC. CLARIFYING THE PURPOSE AND INTENT OF THE CITY COMMISSION PERTAINING TO THE PROVISIONS CON- TAINED IN SECTION 2-91 (14) AND SECTION 2-109(14) OF THE CODE OF THE CITY OF MIAMI, ACCEPTING THE COMPLETED WORK PERFORMED BY BISCAYNE CONSTRUCTION, INC, ACCEPTING THE COMPLETED CONSTRUCTION OF CEN= TRAL DRAINAGE PROJECT E-33 AT A TOTAL COST OF $112,848,35 COI++IISSION RETRIEVAL ACTION CODE NO.. R-75-699 R-75-700 R-75 701 R-75-702 R-75-705 R-75-711 R-75-717 R-75-718 R-75-719 R-75-723A R-75-7238 R-75-728 R-75-730 Rw75-731 0051 75-699 75-700 75-701 75-711 75-717 75-718 75-719 75-723A 75-7238` 75-728 75-730 75=731 �� Sis�is TD4 No, 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 UMENI4N DEX DOCU ENT DE T MAT ON CONTINUED ACCEPTING THE COMPLETED tVORit PERPORMED BY D.M.P. CORPORATION AT A TOTAL COST OF $17,286.55 ACCEPTING THE COMPLETED VORX PERFORMED BY P.J. CONSTRUCTORS, INC. ORDERING DELAWARE_SANITARY SEWER IMPROVEMENT SR-5390-C ORDERING BISCAYNE VEST HIGHWAY IMPROVEMENT H-4390 GRANTING tJSE OF THE MIAMI STADIUM BY MIAMI DADE COMMUNITY COLLEGE, DOWNTOWN CAMPUS. AUTHORIZING A TRIAL RECIPROCAL AGREEMENT BE- TWEEN THE CITY OF MIAMI AND DADE COUNTY, AND ANY LOCAL MUNICIPALITY WITH GOLFING FACILI- TIES AUTHORIZING THE CITY MANAGER TO TRANSFER, BY QUIT CLAIM DEED, THE FOLLOWING DESCRIBED REAL PROPERTY BELONGING TO THE CITY OF MIAMI. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JEANETTE T. WOLFSON AND PHILLIP WOLFSON WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1200.00 IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM AGAINST THE CITY OF MIAMI AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CAROLE LINDSEY AND HER ATTORNEY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1200 IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM AGAINST THE CITY OF MIAMI CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN ENTERING INTO AN AGREEMENT BY AND BETWEEN THE MANPOWER PLANNING COUNCIL FOR DADE AND MONROE COUNTIES. AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR AND RECEIVE PROPOSALS FROM LANDSCAPE ARCHITECTURE FIRMS IN DADE COUNTY FOR PROFES- SIONAL DESIGN SERVICES FOR DIXIE COMMUNITY PARK, APPOINTING THREE ADDITIONAL MEMBERS TO THE ADVISROY COMMITTEE ON SUBSTANCE ABUSE. ACCEPTING THE BID RECEIVED JULY 14, 1975 FROM RINKER MATERIALS CORP. ACCEPTING THE BID RECEIVED FROM F,E,C, FER- TILIZER COMPANY FOR FURNISHING FORTY TONS OF FERTILIZER FOR THE PARKS AND RECREATION DE- PARTMENT. ACCEPTING THE BID RECEIVED JULY ' T, 1i75 OF JETCOAT EMULSIONS, R-75-732 R-75-733 R-75-734 R-75-735 R-75-736 R-75-737 R-75-738 R-75-739 R-75-740 R-75-741 R-75-742 R-75-743 R-75-744 R-75-745 R-75-745 RETR1EvAr 75-732 75-733 75.734 75-735 75-736 75-737 75-738 75-739 75-740 75-741 75-742 75-743 75-744 75-745 75-745 CU).1EN14 N DEX CONTINUED wimmommw NO, DO VENT tDeNi`ZPICAT1DN ememomm 35 36 37 38 39 41 42 43 44 45 46 47 ACCEPTING THE BID RECEIVED FROM PENCE MASTER, INC. ACCEPTING THE BID RECEIVED JULY 14, 1975 FROM MOTOROLA, INC. ACCEPTING THE BID RECEIVED FROM HUGHES SUP- PLY, INC. ACCEPTING THE BID RECEIVED FROM ARIES MARINE CORPORATION FOR INSTALLATING PLAYGROUND EQUIP. MENT AT SIX (6) PARKS. ACCEPTING THE BID OF STONE PAVING CO. ACCEPTING THE BID RECEIVED FROM GOODWIN, INC. ACCEPTING THE BID OF TROPICAL INDUSTRIES, INC PROGRAMMING THE PROCEEDS FROM THE SALE OF THE VIRGINIA KEY SEWAGE DISPOSAL TO THE MIAMI DADE WATER AND SEWER AUTHORITY PROGRAMMING THE UNENCUMBERED BALANCE OF $4,147,065.36 CONVENTION CENTER GENETAL OBLIGATION BONDS. AUTHORIZING THE DIRECTOR OF FINANCE TO ALLO- CATE THE SUM OF $15,330 TO THE EDISON LITTLE RIVER SELF HELP COMMUNITY COUNCIL -PROJECT YOUTH DEFERRING ITEM 12 OF THE JULY 31, 1975 CITY COMMISSION MEETING ENTITLED CHANGES OF ZONING AREA NORTHEASTERLY OF AVIATION AVENUE. PROVIDING THAT NO BUILDING PERMIT BE ISSUED IN THE AREA GENERALLY DESCRIBED AS LOCATED NORTHEASTERLY OF AVIATION AVENUE. AUTHORIZING THE PLANNING DEPARTMENT ADVISORY BOARD TO RECONSIDER THE AREA ON THE MAP AT- TACHED HERETO. GRANTING FREE USE OF BAYFRONT PARK AUDITO- RIUM TO THE YOUTH HONOR DAY COMMITTEE FOR THE EVENT WHICH WAS HELD ON JUNE 5, 1975 GRANTING FREE USE OF BAYFRONT PARK AUDITO- RIUM TO THE MIAMI COMMUNITY POLICE BENEVO- LENT ASSOCIATION ANNUAL POLICEMEN'S BALL TO BE HELD JULY 19, 1975. GRANTING FREE USE OF WATSON ISLAND FOR A BICENTENNIAL PICNIC OBSERVANCE TO BE HELD JULY 4, 1975, GRANTING FREE USE OF BAYFRONT AUDITORIUM FOR A PUERTO RICAN DAY CELEBRATION, R-75-747 75-747 R-75-748 75-748 R-75-749 75-749 R=75-750 R-75-752 R-75-753 R-75-754 R-75-755 R-75-756 R-75-757 R-75-758 R-75-759 R-75-760 R-75-761 R.-75-762 R-75-763 R-75 -764 75-750 75-752 75-753 75-754 75-755 75-756 75-757 75-758 75-759 75-760 75-761 75-762 75-763 75-764 5o 51 52 bOCUN U)AENTIND CONTINUE COPAISgI0 E�J1 ;DENT/fleet N t4_ APPOINTING JULIA TIGER TO THE COMMITTEE ON THE STATUS OF WOMEN DESIGNATING THE MINI PARK AT S E, 1'OTH AVENUE AND BRICKELL PLAZA, MIAMI AS MORRIS PARK GRANTING FREE USE OF ROBERT KING HIGH PARK FOR A BOY SCOUT CAMPOUT ON JUNE 21. AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MR. PAUL WEBER TO PERFORM PROFESSIONAL SERVICES AS A CLAIM SUPERVISOR REQUESTING THE CITY ATTORNEY TO WITHDRAW THE MOTION PLACING FLORIDA POWER AND LIGHT FRANCHISE FEES IN AN ESCROW ACCOUNT. R-75-765 R=75-766 R-75-767 'RIEV L t 015t, NO 75-765 75-766 75767 R-75-768 75-768 R-75-769 75-769