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HomeMy WebLinkAboutCC 1974-06-20 MinutesMIAMI CITY CO IS TE OF MEETING HELD ON SPECIAL MEETING-Thunbday, June 20, 1974 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK • RALPH G. ONGIE ASSISTANT CITY CLERK tax 2 3 4 5 6 7 8 PERSONAL APPEARANCE-LUCIUS WILLIAMS, DIRECTOR OF DOWNTOWN DEVELOPMENT AUTHORITY -SUMMER THEATER PROJECT AT GUSMAN HALL AUTHORIZE MANAGER OBTAIN SERVICES OF AN ACTUARY FOR ANALYSIS OF BIDS RECEIVED ON GROUP INSURANCE FOR EMPLOYEES AUTHORIZE MANAGER TO ADVERTISE FOR GROUP HOSPITALIZATION INSURANCE BIDS ACCEPT BID FOR DEMOLITION OF BUILDINGS: 1596 N.W. 36TH ST. AND 789 N.W. 34TH ST. AUTHORIZE EXPENDITURE OF $12,500 FOR PURPOSE OF SUPPORTING THE URBAN LEAGUE STREET ACADEMY AND RESTORATION CENTER REVENUE SHARING DISCUSSION DISCUSSION ITEM -COST OF "TECHNICAL ASSISTANCE" -POLICE HEADQUARTERS BUILDING DISCUSSION ITEM-F.E.C. PROPERTY - FILING- • r • R-74-501 R-74-502 R-74-503 R-74-504 R-74-505 R-74-506 1-5 6 7 7 8 8-10 10-11 11-13 — •' _. a..-,............••..... - MINUTES OF SPECIAL MEETING CITY COMMISSION OF MIAMI, FLORIDA On the 20th day of June, 1914, the City Commiaa.ion o6 Miami, Flotida, met at Lta tegulan meeting place at City fall ,in SPECIAL SESSION called by the Mayon to consider busineaa o 6 public Zmpott. The meeting ma called to ohden. at 8: 35 O' Clocfz A.M. by Mayon Maut,ice Fetne with the Following membeka 06 the Commission peed ent : Ala o Ptea ent : Comm.iss.ionet J. L. Plummet Commiasionen Robe Gotdon Comm,isalonet Manolo Rebos o Commiaaionet (Rev.) Theodore G.i5a on Mayon Mautiee A. Fette P. W. Andtewa, City Managers A. R. Cnoueh, Aas.istant City Manager John S. Lloyd, City Attotney N. D. Southern, City Cletfz Ralph G. Ongie, Aasistant City Cletfz An invocation was detiveted by Reverend G,ibaon who then led those plebent .in a pledge 06 allegiance to the flag. 1, PERSONAL APPEARANCE - LUCIUS WILLIAMS, DI RECTOR. F DOWNTOWN DEVELOPMENT AUTHORITY TO DISClUSS PLANS FOR SUMMER TI1LAi ER PROJECT AT GUSMAN HALL IN DOWNTOWN MIAMI Mayor Ferre: Ladies and Gentlemen, we have this morning a special meeting for one purpose, however, Mr. Lucius Williams of the Down- town Development Authority have a specific problem which cannot wait until our regular meeting. He has requested to be heard this morning and if we cannot do that, it would mean that a particular program for Summer Stock Theater in the downtown area would be lost, at least for this season. I would recommend that we do take this out of order even though this is a special meeting for one purpose. Does anybody have any objections to that? Okay, you have five minutes. Mr. Lucius Williams, Director, Downtown Development Authority: Mr. Mayor and members of the Commission, as you are probably aware, the Board of Directors of the Downtown Development Authority have determined to sponsor the Summer Stock Theater in downtown Miami this summer. This is being done at the specific request of the business community who has asked us, a non-profit corporation to to become the sponsor for this series and the business community has agreed to indemnify us. Mayor Ferre: Who is going to indemnify us? Mr. Williams: The business community including major businesses, banks, and even some persons. We have commitments now of over $70,000 to do this and we can have this rise quite rapidly as soon as we resolve these problems. Our problem at hand is this. The general purposes of the legislation which created the Downtown Developmemt Authority seems clearly to put the sponsoring or activities such as this within our responsib- ilities however when the act gets to the point of specifically defining the powers that we have, it does not specifically say that we may sponsor a cultural activity. JUN 201974 Mayor Ferre: What is the solution? Mt. Williams: The solution is that you amend our act, our ordinance, to specifically say that we may sponsor cultural and civic events in the downtown area and any agreements necessary to carry out that sponsorship. Mayor Ferre: Provided there is no financial liability either to the authority or the City and if there is, then you come back before this Commission to request permission. Mr. Plummer: Mr. Mayor, before you go and offer such a motion and Lucius, I really am not voicing an objection, I'm voicing a caution that I haven't had time to go into any in-depth study of this. I have no objections to this morning, this Commission going on record identifying, or backing or whatever you want, this program that you seem to think is important but I seriously question the long range ability of the D.D.A. to finance or back programs such as this because automatically in my mind for some reason, maybe I am wrong, but this is why I am asking for time, this should be a function properly so, of the Publicity Department. That publicity department operates on what Paul?, a $350,000, no its half a million dollars and if anyone should be the backer, financially, publicity, it would seem to me to be properly Publicity. Now for a particular item which you have here this morning, if we the Commission can stand behind it. Can we do that Mr. Williams? What I am saying this morning is that I don't want to give without having further in-depth look at it myself, a long range approval. Rev. Gibson: Mr. Mayor, I would be delighted to offer a motion to permit this particular event, but to do what J.L. has indicated and I don't think we need to hold you up. Anything that would enliven the downtown, we want to do it. I move - Mayor Ferre: Let me understand if I have the sense of the motion. Mr. Williams: The City Attorney has the ordinance. Mayor Ferre: No, no, now listen to this Mr. Attorney. The motion is that the City of Miami go on record approving the concept of a Summer Theater program in the downtown area provided to the satis- faction of the Manager, that the pledges that are made by the business community meet the requirements to your satisfaction so that at no time will the City ever be exposed for a financial loss of any kind. Mr. Plummer: Or have any obligations. Mayor Ferre: Or have any obligations. Mr. Plummer: Well let me ask conversely - is that the motion? Mayor Ferre: Is that the sense of it? Let me ask you one question and you recognize because Lucius Williams has not explained in the detail of this, Paul, that there is a question of advancing $50,000. Mr. Andrews: This is what concerns me. The way you put this, it means that if there is any default of any kind in a pledge, then we have got problems. Mayor Ferre: Yes but you know with Alvah Chapman giving $3,000 and people like that, I am not too concerned about it. I just want to make sure that you are satisfied that we are covered. If we have $70,000 in pledges of the kind, of Alvah Chapman, I am not too worried about advancing $50,000. Rev. Gibson: Mr. Williams, he said he would honor that and make it all right . Mr. Plummer: Mr. Mayor, my concern and 1 don't know because this is the first I am hearing of it . Lucius, is this an admission thing or is it free? 2 JUN 2 01974 Mt Plat: "i /Ala what I 11t getting at. We have only talked on the negative, deficit side. What about the profits? Mayor Ferre: It goes to the Downtown Development AUthority. Mr. Plummer: Solely? Mr. Williams: 10% of - Mr. Plummer: Now, now, these are things I want to know - Mr. Williams: 10% goes to the Philharmonic as a contribution because they are letting us have the treater for free. Mr. Plummer: Okay that's great, I am all in accord. Mayor Ferre: They are taking a chance . Mr. Plummer: Mr. Mayor, you obviously don't know what I am getting at so let me make it plain . Is anybody making a profit on this individually? Mr. Williams: There are some salaries involved, yes. Mr. Plummer: I said profit, not salaries. Mr. Williams: Salaries have to be considered profit. Mr. Plummer: No sir, if a man works, he is entitled to pay. Is this thing being promoted for a profit? Its simple. Mayor Ferre: Go ahead Mr. Green. Mr. Green: The intention is that any and all profits that presumably would be acquired as a consequence of this effort are to be placed into a central fund to be jointly administered by the Downtown Devel- opment Commission and an Advisory Body for the purpose of maintaining this kind of cultural effort in the downtown area and that would he the only application of those funds. There are no private benefits. Mr. Plummer: Who appoints the advisory board? Mr. Williams: The D.D.A. Board. Mayor Ferre: Let me go over this in its briefest sense. I don't know who came up with the idea but we checked out with all the people who know something about theater, economically it seems to make sense. The break even point is about 50%. If they lose money, its not an inordinate amount and as long as we have these pledges, I am not concerned as a businessman and neither are the other business people that have looked at this. It's been checked out by Lucius, there are a lot of people that have looked into it, civic leaders like Mr. Green and others and the Downtown Development Authority spent an hour on this'thing. They went into all kinds of detail. They asked a lot of questions and they passed it unanimously. Mr. Plummer: I concur with everything you said but if you want a negative vote from me, that's well and good because this is one businessman who has not had the opportunity of looking at it and I think I have got to know the answers. Mayor Ferre: J.L., I am not going to force this on to anybody. If anybody has a negative vote, as far as I am concerned, its a dead issue. Mr. Plummer: My negative vote would only be because I don't know what I am voting on and I am not going to vote. 3 JUN 2 01974 -- - - - h&O #h 0" sn w ltd its not for ptofit and is going to be administered by the D.D.A. It' a something that is going to be backed by the D.D.A.. This satisfied my question► but 1 am not going to vote on something I don't know anything about. Mr. Williams: The answers to those questions are affirmative. Mr. Plummer: I want it on the record, that's all. Rev. Gibson: I would be glad to add to that motion, to the satis- faction of general counsel and the Manager. I'll add that and then all the details they know what the City can and cannot do to protect the City and save these people some time and certainly you need some action in the downtown area. I say lets go with it. Mayor Ferre: We have a motion and second. Is there further discussion? Mr. Williams: There is a clarification. There is a potential require- ment for a $50,000 letter of credit which sometimes is required by Actors Equity. Discussions are going on now trying to resolve that issue now. I do want to make it clear that the potential is also there and should that be there, should that be required, we will then have more than $110,000 in pledges to support that as a potential liability rather than the over 60- Mayor Ferre: Where do you get the $110,000 in pledges? Are you going to get another 40? Mr. Williams: Yes Sir. I wanted to place that on the record as a potential liability. At one meeting we have got $70,000. Mayor Ferre: We have a motion. Mr. Plummer: I second it. I don't want you to k.) away from here Sir thinking I am negative. I ask these questions and hope you understand. Mr. Lloyd, City Attorney: Mr. Mayor, the way I understand the motion which of course would have to be translated into a resolution and written, is that the Commission is authorizing the one item in principle. Now actually, you cannot authorize the Downtown Development Authority to do this by a resolution or a motion. In order for them to have the powers, you have to amend the ordinance to give them the power to do this and of course, this would mean general powers. Mr. Plummer: No Sir. Mayor Ferre: Mr. Lloyd, how do we do this legally? Mr. Plummer: We don't give the power to the D.D.A. The power is coming from this Commission and we are financially backing it, not the D.D.A.' Mayor Ferre: Where is the money coming from? Mr. Plummer; The general fund. Mayor Ferre: Can you do that? You see the Downtown Development Authority has the money to do it. Mr. Plummer: Let them advance it to us and we will give it back to them. Call the question. Mayor Ferre: Can it be done that way? Can we do it legally yes or no? Mr. Lloyd:, Yes, the way you suggested can be done because if you pass something in connection with the health, welfare and commerce of the City, you can do that. Mayor Ferre: You are satisfied this will stand up legally and that it can be done, all right provided that the City is doing it, not the Downtown Development Authority. Meyer Perrot PUtther disOUSsion? Call the question. Mrs. Gordon: You better repeat the motion please. Mr. Southern, City Clerk: Mr. Mayor, in view of the last remark by Mr. piuMmer, I am not quite sure what the intention of the Commission is. Mayor Ferre: I'll reiterate it. The motion is that the City of Miami Commission goes on record as backing in principle the idea as submitted by the Downtown Development AUthority to have a summer theater festival in Gusman Hall. On the premise that we have sufficient pledges to cover the fiscal situation and at the satisfaction of both the Manager and the City Attorney that there is no risk to the City of Miami. That sufficient funds be borrowed from the Downtown Development Authority and expended through our fiscal and legal ability to this program, to fund it and make it a reality and that further it is understood that this is a non-profit venture and that any profits made will come to the Downtown Development Authority and will be placed in a trust fund to be administered by the Downtown Development Authority or its agents for the purpose of furthering the interest of theater in the Greater Miami area. Mrs. Gordon: Mr. Lloyd. That's a motion? Mr. Williams: May .I make an observation? Mrs. Gordon: Mr. Lloyd, can we, without ordinance changes achieve what is trying to be achieved which is to introduce theater to the downtown area? Are we taking the right procedure or not? Mr. Lloyd: I am not satisfied with the content of the motion. What I will do is translate it into something which we can do. You can pass this motion and instruct the City Attorney to prepare a resolution to that general effect and we will try to come up with something that will do the job. Mrs. Gordon: Mr. Williams, you seem to have something you want to say. Mr. Williams: I am not at all confident and I believe the City Manager and perhaps City Attorney will bear me out that under this kind of direction, that we will be able to accomplish this. The timing is simply too tight and severe. With our attorneys, if we have this power, I can tell you that we now have a draft of the contract between us and the producers. We have a draft of the agreements between the indemnitors and ourselves, all of these can be executed in the next 48 hours and we are in business if we pass the ordinance recommended by the City Attorney this morning, but to run it through the City administration, even though cooperative and well intended they are, and always have been, I am not confident it can be done and we are in a time bind. Mayor Ferre: We have been on this for several minutes and we have a very important matter before us. If we can't resolve this in two minutes, I am afraid it is a dead issue. Mrs. Gordon: I have a question to Mr. Lloyd. Mr. Williams seems to make sense in his request to us. Why would there be any objection to proceeding in the manner he has just outlined? Mayor Ferre: Mr. Plummer just took 10 minutes explaining that. Mrs. Gordon: I didn't understand Mr. Plummer's explanation. Mr. Lloyd: I can tell you that very simply. Under the present ordinances existing under which the Downtown Development Authority operates, they do not have the authority and this would require an ordinance change to give them the authority. 5 iev $ tilbabni MditOrt 06 are saying that we don't Want i'ro Make this permanent Until such tune as we have thorough understanding. Now it seeing to me we spend an awful lot of time just talking about mechanics. Why can't we authorize the Manager. the City Attorney, to db what is necessary to legally get us out of the bind. Mr. Lloyds i have told you what's necessary and that is to pass an ordinance giving them powers. That is the legal instrument. Mayor Ferre: As Mr. Plummer explained and father Gibson concurred, we don't want to do that. Is there further discussion, call the roll. On roll call, the motion was passed by the following vote: AYES: Mrs. Gordon, Mr.Plummer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. Mr. Plummer: Mr. Llloyd for the record, will you go full blast to get accomplished what he needs to accomplish. Thank you. 2. AUTHORIZE MANAGER TO OBTAIN SERVICES OF AN ACTUARY FOR ANALYSIS & EVALUATION OF BIDS RECEIVED ON GROUP INSURANCE FOR EMPLOYEES Mr. Plummer: Mr. Mayor, I was the one that had asked for a hold up on the insurance because I was not informed as to what it contained. This has aroused a problem because this is being used as part of negotiations. I will waive my right of looking in depth at the detail of this and allow this to be put out so that the City Manager can make the bids. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-501 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO OBTAIN THE SERVICES OF AN ACTUARY FOR ANALYSIS AND EVALUATION OF BIDS RECEIVED ON GROUP INSURANCE FOR EMPLOYEES AND RETIREES OF THE CITY OF MIAMI AND THEIR DEPENDENTS, THE COST OF SAID ACTUARIAL SERVICES NOT TO EXCEED $3,500, AND TO BE PAID FROM THE "ADMINISTRATION OF SPECIAL FUNDS PENSION -SOCIAL SECURITY -INSURANCE" ACCOUNT CODE #4-219.03 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-502 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR GROUP HOSPITALIZATION INSURANCE BIDS UNDER THE TERMS AND CONDITIONS CONTAINED HEREIN (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 4, ACCEPT BID FOR DEMOLITION OF BUILDINGS - 1596 N.W. 789 N ,AW. 36TH ST, 34TH ST. Mrs. Gordon: These buildings that are a hazard that are being proposed for demolition. Can you tell me what size and kinds of buildings they are? Mr. Andrews: One is a multi -story building, the Lennox Hotel at 789 N. W. 34th Street and we have photographs here if you would like to see them. Mrs. Gordon: I just wanted to know the kind of buildings so I could visualize the cost being that much. Mr. Andrews: They are reasonably tall structures, dilapadated concrete and the second one is a commercial structure and a portion of that building is being torn, down. Notices have been given to the people to tear them down. They have failed to do so and the proper time has passed and now we will authorize to move the buildings and place a lien against the property. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-508 A RESOLUTION ACCEPTING THE BID OF BEN HURWITZ, INC. FOR THE DEMOLITION OF TWO BUILDINGS AT 1596A NORTH- WEST 36TH STREET AND 789 NORTHWEST 34TH STREET AT A COST OF $10,700 AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO TRANSFER FUNDS IN THE AMOUNT OF $10,000 FROM ACCOUNT NO. 4-199.98.2810 TO ACCOUNT NO. 4-147.08.2690 TO ADEQUATELY FUND THE DEMOLITION OF THE TWO SUBJECT BUILDINGS JUN 201974 AUTHORIZE. .EIAiTU It 11.500_ Fes. PURPOSE OF SUPPORTING THE 1 •i AN LIAGUE.. STREET ACADEMY & RESTORATION CENTER FOR 30 DAY P .R 1 oD The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-504 A RESOLUTION AUTHORIZING AN EXPENDITURE OF $12,500 FOR THE PURPOSE OF SUPPORTING THE URBAN LEAGUE STREET ACADEMY AND RESTORATION CENTER FOR A THIRTY -DAY PERIOD OF TIME FROM JULY 1, 1974 AS DIRECTED BY THE CITY COMMISSION IN MOTION 74-483; THIS PROGRAM IS TO BE FUNDED FROM THE FUNDS ALLOCATED IN THE SPECIAL PROGRAM AND ACCOUNTS SECTION OF THE CITY BUDGET IN THE ACCOUNT RESERVE FOR SUMMER EMPLOYMENT PROGRAM (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 6, REVENUE SHARING DISCUSSION Mr. Andrews: I have before you 2 proposals for revenue sharing. For easy identification, one is marked with a pink dot which is the original proposal submitted to you last week and then a revised one. I want to emphasize once again, that the action of the City Commiss- ion is taking is to permit me to submit this to the federal government and advertise this as a planned use report only. It is subject to whatever adjustment the City Commission wishes at the time when we go to an appropriation ordinance. This is merely based on the best information available as to it's intended use of these funds. The original programming based on the processing of the budget, we have concluded that there will be a requirement of approximately 6 million dollars in salary adjustments that will be needed to carry on the city's budget for the next year. In the revised - Mr. Plummer: Mr. Andrews, can I stop you because I am probably going to try to make this very easy for you, either kill it quick like or go with it quick like. Mr. Andrews, is there anything that is mandatory that says that you must outline as you have done on the second page, as to what these monies are going to be used for? Mr. Andrews: No Sir, that is for the Commission's information. Mr, Plummer: All right Sir, what I am saying to you is, can we the Commission detail out and say hypothetically now, I am not trying to set figures please, everybody understand that. That we delegate out of federal revenue sharing, 5 million dollars for public safety , police, fire and like--7 without saying what the money is for because I am going to tell you as I have told you before and it's no secret. There is no way I am going for salaries in federal revenue. Now I think you have got to get this done and with the idea and fully understood by everyone that none of these monies JUN 2 01974 1 ate going to be detailed ont, we are only meeting a deadline for Something that you gust have in by the 24th of June. That we approve in principle, this proposal, wil:hout any other page being attached nor any significant detailed outline as to what these monies are going for. With the full knowledge that at a later time we can 100% change this. I am ready to move. If that is not the case, I am ready to kill it, so I think I can make it real simple for you. Does the rest of the Commission understand what I am saying? Mrs. Gordon: I heard what you said Mr. Plummer and I would like the Manager to tell me if he thinks he can live up to what you said. Mr. Plummer: That's his problem. Mrs. Gordon: Oh no, it's ours because we are going to have to tackle the budget when he hands it to us. Now you have said you don't want any of this funded for salaries and I can't say I disagree with you but I don't think that he thinks he can do it that way. Mr. Plummer: Let me say it this way because I say it's not for salaries. I am on the record Rose, as I think the rest of this Commission is and I don't want to get into all of that this morning but let me give you one example. This Commission agreed, you, Gibson and the rest of us, that when Reese brought before us, the Yarger Pay Plan of 3 million dollars that it would be a declining term and I agreed to that and I still do, part of salaries, 3 million last year, 2 million next year and 1 million next year Mrs. Gordon: Exactly, we agreed to that. Mr. Plummer: Let me tell you where else I don't hold to no dollars to salaries. Garmire came forth and I let it be known, I am putting that man on the record that I am giving him everything he wants because he is going to have to prove himself. He came forth with a proposal of 1 million, one hundred and sixty seven thousand dollars. Part of that went for salaries Rose. Part of that package was for salaries and I am not saying that I am not going to give him the best part of that package if I have my vote. What I am trying to do is not pin it down so that we don't have to meet again before the 24th and we just te_.1 the Manager what we think. Mrs. Gordon: All right you expressed yourself very well and 1 am going to express myself and my point of view is that the major portion of revenue sharing funds in my opinion are supposed tip be used for the public service types of programs and continuation of programs to the level as you have it outlined here. If this is your intention, I disagree with you entirely because you set these programs up last year;innovative new programs that are even right now not totally implemented so if you are going to be considering that at the level based upon last year, then it's impossible to improve the social type of services to the people and this is a very important facet of revenue sharing and it's intention was not to supplement the general type of services that the City has been doing but to offer to the people of the City, some additional services. I don't want to argue with you any further, I am just tell you that's how I feel and I am hoping that when you come back with a budget, that you have this in mind too. Mr. Plummer: Mr. Mayor, I am prepared at this time, rounding off to the closest, I'll even use the figures that the Manager has here this morning, fully with the idea that this page goes in the garbage can, I offer this page with the blue dot and only this page, that we propose this to the federal government let the City Manager sign it and forward it on, that in no way are we obligated by these figures but we put this forth as a proposed plan. Mayor Ferre: Which is, I might add, pretty much the same thing we did last year, right? Mr. Andrews: Yes Sir. 9 J(JN 201974 Mayor tetre: Theme is a notion and second. Further discussion/ Cali the loll. Thereupon the following resolution was introduced by Mr. PlUMmer who moved its adoption: RESOLUTION NO. 74-505 A RESOLUTION APPROVING IN PRINCIPLE THE PLANNED USE REPORT FOR ENTITLEMENT PERIOD 5, JULY 1, 1974= JUNE 30, 1975, FOR THE EXPENDITURE OF FEDERAL REVENUE SHARING FUNDS IN THE AMOUNr OF $8,935,551; AND FURTHER AUTHORIZING THE CITY MANAGER TO HAVE PLANNED USE REPORT PUBLISHED AND SUBMITTED TO THE FEDERAL GOVERN- MENT BY JUNE 24, 1974, AS REQUIRED BY FEDERAL REVENUE SHARING LAW AND REGULATIONS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None 7, DISCUSSION ITEM - COST OF "TECHNICAL ASSISTANCE' -POLICE HEADQUARTERS BUILDING Mr. Plummer: This is not in the form of a motion but to advise this Commission of a concern that I have. Mr. Mayor, when we passed for the Police Bond issue, the Police Buil- ding, I realized that the book that was put out by the department was a very hurriedly put together book. I want you to know that I fully understand and accept that. What I am questioning Mr. Mayor and intend to question at the next meeting. That book showed $400,000 for "technical assistance". That is for the people who come in and tell us what to do which I think on a 20 million dollar bond issue is a reasonable figure. Mr. Mayor, Stanford Research Institute who I think is doing a fine job, I have qualifications on that, but a fine job so far. Right now Mr. Mayor in the first year of action, this City has expended the funds of 545,000 for "technical assistance". $145,000 more than was proposed in the whole bond issue. The second year Mr. Mayor, this City has paid the tune of $598,000 for the second year. We are now starting to negotiate the 3rd year and If I am not mistaken, this is either a 4 or a 5 year program. If you take the fees of S.R.I. coupled together with the architectural fees, which is also technical advice, Mr. Mayor I am looking I think -and I hope that I am wrong, at approximately 3 million dollars for technical advice on a 20 million dollar bond issue and I have to tell you if this is the picture that I am reading, is going to be way out of proportion so I am bringing that to you in the form of a caution. Mayor Ferre: Do you want to speak to that Mr. Andrews? Mr. Andrews: Really to bring out this whole matter, we should bring the record because at that time when the proposals were presented to the City Commission, and Commissioner Plummer I think was the sponsor of a contract that would have lasted for 3 years. Mr. Plummer: No, 5. Mr. Andrews: I believe it was 3 years. 10 JUN 201974 Mr. Andrews: For a million and a half dollars to carry out this exact sable study. It was Mr. Reese, at that time who persuaded the Conmiaaion to do it on a 1-year at a time basis to make adjustments as we would move along so I think it was amply understood that we were going to be spending a million and a half dollars for this effort of doing the consulting work. Mr, Plummer: Mr. Mayor, my concern at that time and my concern is now, that we don't and I think the record reveals the exact wording, we do not change forces in the middle of the stream. It was my concern that the person who started out with this bond issue should be the one who completes it and sees it through to its end and because of that reason, I was trying to tie in the cohsultant for the entire program, but at no time through the wisdom of Mr. Reese was there a fee involved. It was left that the fee would be negotiated every year. Mr. Mayor, I think that 3 million dollars is a lot of money for a 20 million dollar issue and I am raising that flag of caution. 8. DISCUSSION ITEM - F.E L: PROPERTY - FILLING ETC. Mayor Ferre: As you all know, in the middle of our litigation and negotiation and what have you, on the F.E.C. property in downtown Miami, these people have gone out and got a permit from the I. I. Board and the Corps of Engineers and they have also forced us by taking us to Court, to grant them a permit. Now as I understand it, Allan Becker and had a Bill which passed the House and the Senate and it was signed into Law last week by the Governor and the technicality of it as I understand it does not grandfather anybody in and it would perhaps permit us to at least, stall the filling of that property. Since the filling of that property goes contrary to the City of Miami policy which we voted on, on the filling of the property, it seems to me that the appropriate thing for us to do is to join Metro and the only reason they did it before we did it is that we were meeting on Tuesday and I think that we ought to instruct our attorney to investigate the legality of the bill and if in his opinion, it's legally possible for us to stop the fill, that we proceed immediately to do so, under the powers granted by that bill which is not law today by the way but will be law I think sometime in July, 30 days after the Governor has signed it. Mr. Lloyd: It depends on what the bill says. If_ the bill says nothing about the time, it is 30 days after the Governor signs. it. If it says it is effective with the signature of the Governor it could become law at that time. Mayor Ferre: I don't know the specifics of it but it's either law or will be law rather quickly and as soon as it becomes law, if that is the legal vehicle to proceed in, I think we ought to immed- iately proceed because it goes contrary to the expressed wish of this Commission as voted on last year when we accepted the Edward Durrell Stone Report, sb would somebody move that? Allen Becker passed a bill through the House of Representatives last week which became law when the Governor signed it or will become law within 30 days after signing, I don't know which. The bill in fact provides for public hearings to be held in the filling of any bay property and it defines South Dade County. It just so happens that the F.E.C. property in downtown is within the purview of that definition. Now up until now we have had no legal from stopping the F.E.C. from filling that property and in fact, the F.L.C. took us to Court and forced us to give them a permit. This gives us the legal right and all I am saying is that the motion should say, instructing the Attorney to find out whether or not this gives us the legal right and if it does, to proceed with whatever court action is necessary sto stop the F.E.C. from filling that property. 11 Mr. Plummet: That l can't vote for but let Me tell you what 1 will vote for. I'll Make a motion to authorize the City Attorney to investigage the Becker Mill to see whether or not it applies to the F.E.C. property downtown and report back to this Commission on the 27th of June. I'll Move that Mt. Mayor. Mayor Perre: J.L., I think time is of the essence. Mr. Plummer: That's one week, it's going to -take - Mayor Ferre: Yes but 1 week is important and I think if we can start if in fact, we are legally permitted to intervene and to stop the F.E.C. from filling, I don't think we should lose a week. Mrs. Gordon: I agree. Mr. Plummer: I concur Rose but I want to make that decision. I don't want the City Attorney to make it for me. Mayor Ferre: Well then let's make it right now pending that it is legally possible. Let us stop the F.E.C. from filling that property if it is legally possible. Mrs. Gordon: I think it is an important step because in my opinion, when the condemnation suit is judged, as to value, it would be judged in a different fashion it it were land or water and therefore I would certainly think this is an important step. Mr.Plummer: Mayor Ferre: Mr. Plummer: Mr. Reboso: Mayor Ferre: roll. All right, I will accept. You are making the motion then? I will make the motion. Second. Is there further discussion on this item, call The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-506 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE LEGAL ACTION TO PRE- VENT THE FILLING OF THE F.E.C. PROPERTY NOW INVOLVED IN CONDEMNATION WITH RESPECT TO THE BAYBOTTOM, PROVIDING THAT THE CITY ATTORNEY DETERMINES THAT SUCH LEGAL ACTION IS PROPER UNDER THE EXISTING STATUTES (Here follows body of resolution, omitted here and on file in the City Clerks Office) the Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None The City Attorney read the preceding language of the resolution into the record. 12 JUN 2 01974 There being no further business to come before the City Commission. the special meeting was adjourned at 9:20 o'Clock A.M. Maunie.e A. Fenne MAYOR ATTEST: H. V. Southenn CITY CLERK Ralph G. Ongie ASSISTANT CITY CLERK JUN 201974