HomeMy WebLinkAboutCC 1978-10-24 Minutes■
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Y OF MIAM]
COMMISSION
Nei UTES
OF MEETING HELD ON
PLANNING & ZONING
OCTOBER 24, 1978
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
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Deferred at Request of Applicant: Change of Zoning,
Conditional Use, Variances --Miami Adult Center for the
Retarded--126 & 128 N.E. 63rd St & 6250 N.E. 1st P1.
tI NANCE OE
OLUTI av
Deferred
FIRST READING ORDINANCE: Change of Zoning Classification First Reading
from R-4 to R-5--360 N.E. 20th Street.
SECOND READING ORDINANCE: Change Zoning Classification,
R-2 and C-2 to PR--5200 N. W. 2nd Avenue.
Ord. 8868
SECOND READING ORDINANCE: Change Zoning Classification: Ord. 8869
R-2 to PR and Grant Permission to Construct Recreational
Facilities --2543 N. W. 30th Street.
SECOND READING ORDINANCE: Change Zoning Classification,
R-2 and R-3 to PR--36-42 N. E. 59th Street.
Report by City Attorney: Lawsuit by Members of Police
Department to Stay Execution of Promotional Register
for Sergeants, Lieutenants, and Captains.
Close Taluga Drive to Vehicular Traffic --South Dixie
Highway & U. S. 01.
Vacate & Close: Greenwood Road between Cornelia Drive
and 27th Avenue. Tentative Plat #1026 "Grove Mountain"
Grant Application for 1 Year Extension of Variance
Setbacks and Height on Savings & Loan Institution--
2651 South Miami Avenue.
Public Hearing Proposed Ordinance: Proposed Revision of
Residency Requirements on the Zoning Board and the
Planning Advisory Board.
SECOND READING ORDINANCE: Change Zoning Classification,
R-3 to PR --1500 N. W. 16th Avenue.
SECOND READING ORDINANCE: Change Zoning Classification,
R-1 to GU--4101 N. W. 7th Street.
SECOND READING ORDINANCE: Amend Ord. 6871 Arts. XI-4 &
XXVIII - New List of Permitted Uses and Conditional
Uses in R-CC and to Add Provisions/Non-Conforming Uses.
FIRST READING ORDINANCE: Amend Ordinance 6871, Article
VIII Add Provision for Reducing Lot Area Required Per
Dwelling Unit for Housing for the Elderly in R-4.
FIRST READING ORDINANCE: Amend Ordinance 6871 - Article
XI Add Provision for Reducing Lot Area Required Per
Dwelling Unit for Housing for the Elderly in R-C.
Presentation: City of Miami Planning Department -
Capital Improvement Program.
Presentation: City of Miami Planning Department -
Comprehensive Marine Development Study by Greenleaf/
Telesca.
Ord. 8870
Mot. 78-679
Res. 78-680
Res. 78-681
Res. 78-682
Deferred
Ord. 8871
Ord. 8872
Ord. 8873
First Reading
First Reading
Discussion
Discussion
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MINUTES DE REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
*****************
ON THE 24TH DAY OF OCTOBER, 1978, THE CITY COMMISSION OE p•� AMI,
p,"L.OR DA, MET AT ITS REGULAR MEETING PLACE IN THE CITY HALL, 5 UO
AN AMERICAN DRIVE, MIAMI, FLORIDA IN REGULAR SESSION.
THE MEETING WAS CALLED TO ORDER AT 7:10 P.M. BY VICE -MAYOR REBOSO
WITH THE FOLLOWING MEMBtT S OF THE COMMISSION TO BE PRESENT:
COMMISSIONER J. L. PLUMMER, JR.
COMMISSIONER OSE GORDON
COMMISSIONER (REV.) THEODORE R. GIBSON
VICE -MAYOR MANOLO REBOSO
ABSENT: MAYOR MAURICE A. FERRE
ALSO PRESENT:
JOSEPH R. GRASSIE, CITY MANAGER
R. L. FOSMOEN, ASSISTANT CITY MANAGER
RALPH G. ONGIE, CITY CLERK
MATTY HIRAI, ASSISTANT CITY CLERK
,. ABSENT: GEORGE F. KNOX, CITY ATTORNEY.
AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN LED THOSE
s
DEFERRAL AT CHANGE ZONING 63 S
REQUEST .OF CONDITIONAL USE N•
I. APPLICANT: Y, RIANC S Amp0 N,E, PL,
MIAMI ADULT CENTER FOR THE KETARDED
Vice -Mayor Reboso: Okay. Let s proceed. Good evening ladies and gentlemen. We
are in the Regular Planning & Zoning meeting, City of Miami, item 1, Bob Davis.
Mr. Plummer: Mr. Vice Mayor, I would suggest, as we did this morning, that you put
on the record the reason for the Mayor's absence and I think it is always been
customary and usual policy not law)that anyone who is wanting a deferment because
of the lack of a full boar be granted same or at least their request honored UP
front so that they don't have to sit here all night.
Vice Mayor Reboso: That's right. The Mayor left yesterday for Europe. He will be
back November 7,and is leaving again November 11,and coming back on December 2.
Mr. Davis: Is there any applicant present who wishes a deferral for a lack of full
commission?
Vice Mayor Reboso: What item are you, sir?
Mr. Davis: Would you come up and put your name on the record, please?
Mr. Scott: My name is Gordon B. Scott and I represent the Miami Adult Center for
Retarded.
Mr. Plummer: Excuse me, hasn't this been deferred once already?
Mr. Davis: Yes, sir. It was....
Mr. Scott: That was our request.
Mr. Davis: That was at your request, that is correct.
Mr, Plummer: Well, how many people are here on item 8?
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OCT 2 41978
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Vitt" Mayor Reboso: Well, 1 don't think we have any choice.
father Gibson: Do you want to defer?
Mt. Plummer: Well, you know, it's...excuse me, let me just say on thing. Grace,
you know,I don't have to explain it to you but it has always been the policy of
this Board that anyone who wishes a deferment with anything less than a full
Board is usually granted because it's only in the interest of fairness. Now,
the Mayor is not in Europe on a vacation, the Mayor is there serving on behalf of
the President, serving on UNESCO Board and that is the reason for his absence.
I.., Mr. Vice Mayor, since this is item 8 I would wait at least another half hour
to see whether or not any other people show up and maybe we can prevail upon these
people. The television tonight is better than this City Commission. Why don't
we wait a few minutes?
Vice Mayor Reboso: What's the purpose of waiting, J. L.?
Mr. Plummer: Well, I would hate to think that other people would show up here and not
have the chance to voice their opinion and let us to try to explain to them the
reason why is going to be deferred. It's inmaterial to me.
(BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD)
Vice Mayor Reboso:
I can't hear.
Mr. Plummer: She agress with me, wait...wait a half hour.
Vice Mayor Reboso: Do you agree?
(BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD)
Vice Mayor Reboso: Okay.
Mr. Plummer: Is anyone else here this evening that wants a deferment?...Well,
don't we go ahead and proceed then.
Mr. Davis: Mr. Vice Mayor, on that subject, on item P17, we sent out registered
letters to the applicants for each item explaining the time of the hearing. Mr.
Bruckner who is the applicant for #7 never received the certified letter, we got
it back in the office today and phoned him.He asked if he could be place on first
tonight because he already has another date in Ft. Lauderdale. I just called for
his name but I don't know whether he is here yet or not. Is Mr. Bruckner here yet?
Vice Mayor Reboso: Mr. Bruckner?
Mr. Plummer: Well, I don't see that being any big problem.
Mr. Davis: Well, he is not here yet so....
Vice Mayor Reboso: We will listen to this item as soon as he arrives.
Mr. Plummer: When he appears....
Vice Mayor Reboso: What do you want to do in 8, J. L., do you want to wait or...?
Mr. Plummer: Well, I'm...truthfully I'm ready to move now that it be deferred but
I'm just concerned about the people who might not be here and we've always given
the courtesy to those who have been inconvenienced to making you the first item
on the next meeting. How many again are here on 8?
(BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Vice Mayor Reboso: And Grace who is here....
Mr. Davis: Raise your hands on #8, please?
Vice Mayor Reboso• doesn't mind.
why
Mr. Plummer: Pat, are you here on 8? coming back,
You're for it so you don't mind
I'tn sure. Well, let's ask a question, would it be tremendously inconvenient for you
02
OCT 2 41979
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to come back next month? You see, the problem that we've got:.: and ifi the ibtetebt
of fairness. Be fine?:.:with the guarantee, Mt. Manager; they will be fitst bt
the item.
Vice Mayor Reboso: Okay. move it.
Mr. Plummer: I move they be deferred:
Mr. Davis: To December 14th.
Mr. Plummer: December 14th.
Vice Mayor Reboso: Do we hive a motion fot`deferral?''
Father Gibson: Second,
Vice Mayor Reboso: Seconded. Any further discussion? Call the teal
please:
Thereupon on motion of Commissioner Plummer, seconded by Commissioner Gibson,
Item #8 was deferred to the Meeting of December 14, 1978, first item on the agenda
bye the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev) Theodore R. Gibson
Vice Mayor Manolo Reboso
ABSENT: Mayor Maurice A. Ferre
Mr. Plummer: Mr. Vice Mayor, the only other thing I think we should bring up at
this time...Ms. Meir, are you prepared to give the written report as to the Civil
Service problem? Well, we've promised, I've seen some of the people here,that
there woulc' be a report back at 7:00 this evening. Mr. Grassie?
Mr. Grassie: Well, we'll have to find out whether someone else in the Law Department
is working on it.
Vice Mayor Reboso: Call George Knox on this.
Father Gibson: Well, let's get there.
Mr. Plummer: Well, okay, but Father I don't just want those people to wait because
it was supposed to be a yes or no answer.
Vice Mayor Reboso: That's ri ht.
FIRST READING
ORDINANCE:
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CHANGE ZONING CLASSIFICATION
R-4 TO R-5
360 N, E. 20TH STREET
Vice Mayor Reboso: Let s take item
Father Gibson: Sir, what's your name?
Mr. Davis: Item 1 is a second reading which was passed by this Commission on
September 28.
Father Gibson: J. L., here's the man we were looking for.
Mr. Ongie: Mr. Davis, Mr. Bruckner is here.
Mr. Davis: Mr. Bruckner?
Vice Mayor Reboso: Go ahead, Okay, let's take item 7.
Mr. Davis: Item 017 is an application from Mr. Bob Bruckner to change the Zoning
of 360 N. E. 20th Terr. from R-4 to R-5. Planning Department Tecommnended approval
and the Zoning Board recommended 7-0.
03
OCT 241978
Mr, Plummer: Mt. Bruckner, everything herein contained in your application, to
the best of your knowledge is correct?
Mt. Bruckner: That's correct.
Mr. Plummer: Are there any objectors? hearing hone, i'11 move it, Mr. Vice Mayor,
Father Gibson: Second.
Vice Mayor Reboso: It's being tnoVed and eecended, any further discussion, call
the roll. please.
Mr. Ongie: It's an ordinance.
dice Mayor Reboso: Will you, please, read the ordinance?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF LOT 3, BLOCK 4, BAYSIDE PARK AMD (2-40) BEING
360 N.E. 20TH TERRACE, FROM R-4 (MEDIUM DENSITY
MULTIPLE DWELLING) TO R-5 (HIGH DENSITY MULTIPLE
DWELLING), AND BY MAKING THE NECESSARY CHANGES
IN THE ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT, AND CONTAINING A SEVERABILITY PRO-
VISION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gibson
and passed on its first reading by title by the following vote:
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.)Theodore R. Gibson
Vice Mayor Manolo Reboso
NOES: None
ABSENT: Mayor Maurice A. Ferre.
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.
ON ROLL CALL
Mr. Plummer: Before I am to vote, Mr. Bruckner, are you personally building this
new facility?
Mx. Bruckner: No,sir, not at this time. I will be involved with it when it is built.
Mr. Plummer: Well, you're aware so that you have 6 months to commence construction.
Mr. Bruckner: No, sir.... I don't think so.
(INTERMIXED COMMENTS).
Mr. Davis: No sir, it's only change of zoning.... •
Mr. Plummer: Mr. Bruckner, let me just bring one thing to your attention, sir, and
I...really am appealing to your good sense of moral judgement. We have had a
tremendous amount of problem in and around this area with high-rise construction
in very narrow streets and problem areas in that area of neighbors who still must
live in that area and I merely appeal to your sense of good judgement that when you
commence construction on this building that you do so in such a manner as to least
inconvenience your neighbors.
Hr. Bruckner: I understand what you're saying.
OCT 2 41978
Q
Mr. Plummet: All tight, thank you. 1 vote yes.
SECOND READING
ORDINANCE:
•
CHANGE -ZONING CLASSIFICATION
R-2 AND C-Z. TO PR
5200 N, W, 2ND AVENUE
Mr. Davis: Item 1/1 is a change of zoning from C-2 and R-2 to PR which was granted
on first reading by this Commission on September 28....
Mr. Plummer: Item 1.
Mr. Davis: ....Introduced by Commissioner Gibson, seconded by Commissioner Reboso.
Father Gibson: Moved.
Vice Mayor Reboso: Moved by Father Gibson.
Mr. Plummer: Second.
Vice Mayor Reboso: Seconded by Commissioner PlUtnm
call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF
LOTS 7 THROUGH 10 AND 21 THROUGH 25, BLOCK 16,
RAILWAY SHOPS ADD 2ND AMENDED (3-183), BEING
APPROXIMATELY 5200 N.W. 2ND AVENUE, FROM R-2 (TWO
FAMILY DWELLING AND C-2 (COMMUNITY COMMERCIAL) TO
PR (PUBLIC PARK AND RECREATIONAL USE DISTRICT),
AND BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE
NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT, AND CONTAIN-
ING A SEVERABILITY PROVISION.
Passed on first reading by title at the meeting of September 28, 1978 was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Gibson, seconded by Commissioner Plummer, the Ordinance was thereupon
given its second and final reading by title and passed and adopted by the following
vote:
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
NOES: None.
ABSENT: Mayor Maurice A. Ferre
Tog ORDINANCE 26,S DESIGNATED ORDINANCE 1�0. �8
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.
OCT 2 41978
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SECOND READING
ORDINANCE AND
RESOLUTION
CHANGE pINING CLASSIFICATION
R•-L TO AND GRANT .PERMISSION
TO CONSTRUCT RECREATIONAL FACILITIES
2543 N. W. 30TH STREET
a) Mr. Davis: Item 2 is in two parts. The (b) portion was deferred for the Com-
mision to take a personal look at the situation. This is the park which is located
on 2543 N.W. 30th Street and in 31st Street. The change of zoning was passed on
first reading but the application to put up the recreational facilities was deferred --
that's the (b) portion, introduced by Commissioner Gordon, same seconded by Com-
t.rissioner Plummer on the change of zoning.
Vice Mayor Reboso: Moved by Commissioner Gordon....
Mrs. Gordon: Yes.
Vice Mayor Reboso: Do you second it, J. L.?
Mr. Plummer: Sure.
i.
Vice Mayor Reboso: After being moved and seconded, any further discussion, call
the roll, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF
LOTS 15 AND 26, BLOCK 17, MELROSE HEIGHTS 2ND
SECTION (19-44), BEING 2543 N.W. 30TH STREET
AND 2568 N.W. 31ST STREET, FROM R-2 (TWO FAMILY
DWELLING) TO PR (PUBLIC PARK AND RECREATIONAL
USE DISTRICT), AND BY MAKING THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP, MADE A PART
OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF;
BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR
PARTS THEREOF IN CONFLICT, AND CONTAINING A
SEVERABILITY PROVISION.
Passed on first reading by title at the meeting of September 28, 1978, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Gordon, seconded by Commissioner Plummer, the Ordinance was thereupon
given its second and final reading by title and passed and adopted by the following
vote:
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
NOES: None.
ABSENT: Mayor Maurice A. Ferre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8869.
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.
b) 'Ma following tesolution Was introduced by Commissioner Gordon vho moved its
adoption
RESOLUTION NO. 78-678
A RESOLUTION GRANTING PERMISSION TO CONSTRUCT
AND OPERATE RECREATIONAL FACILITIES PURSUANT
TO ARTICLE XVIII-I, PUBLIC PARK AND RECREATIONAL
USE - PR DISTRICT, SECTION 4 (1-3) ON LOTS 15
AND 26, BLOCK 17, MELROSE HEIGHTS 2ND SECTION
(19-44), BEING 2543 N.W. 30TH STREET AND 2568
N.W. 31ST STREET, ZONED R--2 (TWO FAMILY DWELLING)
PROPOSED '1'0 BE REZONED PR (PUBLIC PARK AND
RECREATIONAL USE DISTRICT).
(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:
NOES: None.
ABSENT: Mayor Maurice A. Ferre
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Re•i.) Theodore R. Gibson
Vice Mayor Manolo Reboso
SECOND READING
ORDINANCE
AN ORDINANCE ENTITLED-
CHANGE.ZONING CLASSIFICATION
R-2 AND R-3 TO PR
36-42 N, E, 59TH STREET
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF
TENTATIVE PLAT NO. 1020 "LEMON CITY PARK", BEING
APPROXIMATELY 36-42 N.E. 59TH STREET, FROM R-2
(TWO FAMILY DWELLING) AND R-3 (LOW DENSITY MULTIPLE
DWELLING) TO PR (PUBLIC PARK AND RECREATIONAL USE
DISTRICT), A1''D BY MAKING THE NECESSARY CHANGES IN THE
ZONING DISTRICT MAP, MADE A PART OF THE SAID
ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN
ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT, AND CONTAINING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of September 28, 1978 was
taken up for its second and final reading by title and adoption. On motion of Com-
missioner Gordon, seconded by Commissioner Plummer, the Ordinance was thereupon
given its second and final reading by title and passed and adopted by the following
vote:
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
NONE: None.
ABSENT: Mayor Maurice A. Ferre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8870.
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,
AT THIS POINT, THE CITY COMMISSION TEMPORARILY ADJOURNED THE PLANNING AND ZONING
PORTION OF THE MEETING AND TOOK UP THE REGULAR MATTERS OF THEIR AGENDA.
'7 OCT k 41978
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6, REPORT BY CITY
ATTORNEY:
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LAWSUIT BY MEMBERS OF POLICE DEP` ,
TO STAY EXECUIION OF PROMOTIONAL
REGISTER FOR SERGEANTS, LIEUTENANTS,
AND LAPTAINS
*(Mr. George Knox, City Attorney enters meeting - 7:20 P.M.).
Vice Mayor Reboso: Now that George Knox is here...Mrs. Range...
Mr. Plummer: Is Garth going to be here?
(BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Vice Mayor Reboso: Can we proceed?
Mr. Plummer: Do you want us to stop and then hear you,or
until Garth gets here?
Mice Mayor Reboso: Let's hear first....
BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Mr. Plummer: What do you want to do, do you want to hear the answer now?
Vice Mayor Reboso: Yes, okay. George, please?
Mr. Knox: Mr. Vice Mayor and Members of the City Commission, I was late because
I attended an emergency hearing at the apartment of Judge Arden Siegendorf. A
group of individuals filed a lawsuit this afternoon and a part of the lawsuit was
to ask for an emergency injunction seeking to stay the expiration of the promotional
registers to sergeant ,to lieutenant and to captain which were to expired at
midnight, this evening. The Judge granted that injunction. Now, he indicated that
he ordered a stay of the expiration and a maintenance of the status quo as to those
promotions which means, in effect, that we're not violating the Cohen Consent
Decree which prohibits an extension because there is a distinction between an
extension of a register and a stay of expiration and that is when the expiration
is stayed we are frozen in time as of this time and this date. Now, the other
thing that that means is that if new vacancies occur from this point forward then
those vacancieswouldbe filled in the manner in which we usually fill promotions.
There is an attack being made upon the promotions that have been made so that any
ultimate determination will be asked to those promotions that have been made rather
than any right to any promotion that may become available in the future,if thatmakes
sense.
do you tart ut
proceed
Mr. Plummer: Did you hear him say this afternoon he was going to give us a simple
yes or no answer this evening?
Mrs. Gordon: Well, I think he gave you a very good answer.
Mr. Plummer: That's what I heard. Well, what you're saying in reality is what they
were trying to accomplish has been accomplished.
Mr. Knox: Yes.
Mr. Plummer: Okay, well that's...there is the"yes"I was looking for.
Mr. Grassie: Well, but I think with the qualifier, the City Attorney is indicating
that the burden of the lawsuit is on the question of the sergeants who have been
promoted.It does not speak to the two questions raised by the citizens' group
that have to do,well a lieutenant and a captain.
Mr. Plummer:...But inmaterial in accomplishing what we want to accomplish, and
that is the time -frame to allow a meeting here on November 8 at 9:00 A.M., to lay
all cards on top of the table. Now, regardless of why it came about, the bottom
line is, it's going to be done what we want to do.
(BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Kr. Plummer: For the record, speaking is Mrs. Athalie Range,
OCT 241978
0S
Mrs. Mange: Yes, Athalie Range. I reside at 5727 N.W. 17th Avenue, Miami.
What 1 would like to have clarified now is, if by this stay it does not jeopardize
a possible promotion of those persons on the present list, is that correct?
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Mr. Knox: No, ma'am, as a matter of fact, it insures whatever rights those individuals,
alege that they have, it insures that those rights will be preserved until after
a Court hearing with respect to those persons who presently exist on the register
that was to expire at midnight...
Mrs. Range: Yes.
Mr. Knox: ...and those persons only.
Mrs. Range: A11 right, now, clarify one thing further for me. For others who will
be, whose names will be up appearing on the list following tonight, it does not
jeopardize them in anyway either, I mean, they do not have to wait until this list
is filled out, so to speak, before they have an opportunity.
MI Mr. Knox: No, ma'am, as a matter of fact, the Judge specifically stated, or the
■_ procedure will be that however the City fills positions generally, that procedure
will be used for any vacancy that occurs in the future. In other words, if we
create a new list, we're not precluded from creating a new list as if this list
had expired at midnight. However, as to the promotions that have been made, we can
MI only refer to those individuals on this list if a Court determines that those
ME promotions should not have been made.
Mrs. Range: But if an individual that's on this list and has not been promoted,
then he is eligible for promotion along with those on the new list.
Mr. Knox: Provided that he takes a new examination in his place on the new list.
Mr. Plummer: No, no, now, wait a minute, wait a minute...
Mrs. Range: Ah! wait a minute, I didn't understand that.
Mr. Plummer: George, let me ask this question. It is my understanding from
you're saying that in effect everything is frozen?
Mr. Knox: Right.
Mrs. Range: Until....
Mr. Plummer: Okay...meaning that it's frozen means that there will be nothing done,
this list in effect, does not expire until the ruling of the Judge.
Mr. Knox: This list.
Mrs. Range: Yes.
Mr. Plummer: This, the present list, is still in effect until midnight.
Mr. Knox: Right.
Mr. Plummer: Stays in effect until the
Mr. Knox: Yes.
Mrs. Range: When will he do that?
Mr. Knox: We don't have anyway of knowing it. Let me do it in another way. There
was one captain, a lieutenant who was promoted to captain, there were three
sergeants who were promoted to lieutenants, there were nine police officers who
were promoted to sergeant , recently, from these three lists that are now in question.
The plaintiffs in today's lawsuit have aleged that those promotions were improper
for a number of reasons that we don't need to go into. The Court said if those,
if a Court after hearing the case determines that those promotions were improper,
then the Court will only look to the existing registers to get persons to fill in
those vacancies if they should exist by virtue of the Court's determination So,
now, if w e have an individual who's currently on the list, who. feels he or she has
a right to a position that has already been filled and if a Court determines that
these positions were filled improperly, then the individual which is on this list
will be entitled to be considered for the position that will be vacated if a Court
so rules.
Mrs. Range: Without an additional examination?
thitr4,9y8Y--'.
M . hoc Without an additional eXamination. The second part of it is,4,4
'lumuner: If what has been done is proper, then the list expires.
Mrs. Gordon: That's right, and there's nothing.
Mr. Plummer: Yes, but you don't feel that the judge is going to rule between flat
and November 8, do your
}'rs. Gordon: It's also a matter of him deciding, J. L.
Mr. Plummer: ....under normal procedure, sir... on a normal circumstances,Rose,
they don't move that quick.
Mrs. Gordon: Yes, sure, but what I just heard was there's no vacancies unless
some of those that have been filled are declared filled improperly, so that's what
I just heard him say.
Mr. Plummer: No, that's not true.
Mrs. Gordon: You said that, George?
Mr. Knox: There are not vacancies at this moment.
Mrs. Gordon: That's right.
Mr. Plummer: That is,tomorrow you could have three vacancies.
(BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Mr. Plummer: That they can fill from the present register, correct?
Mr. Knox: All right, If tomorrow there are vacancies,
those vacancies however it generally fills vacancies.
then the City will fill
Mr. Plummer: So Lanier, you say, he is the person in question, is waiting as a
sergeant to become a lieutenant. If tomorrow a vacancy was created for lieutenant,
Lanier would get the job. Is that correct?
Mr. Grassie: No, that is not correct.
Mr. Knox: No, sir. If there are vacancies tomorrow, then we must, for tomorrow's
vacancies we must treat this list as if it had expired.
Mrs. Range. Expired, that's right, you have to have re-examinations.
Mr. Knox: Now, if we want to be... I would hesitate to say specific.
Mr. Plummer: Oh! I see , I see what you're saying. In other words, Lanier
has a shot if the judge rules that those who are already in are improper....
Mr. Knox: Unless Mr. Lanier....
Mr. Plummer: ....without taking another examination.
Mr. Knox: Lieutenant March who was present is shaking his head.
Lt. March: I'm nervous. Basically, it's my understanding that what were....
Vice Mayor Reboso: Lieutenant, will you please give your name and address for
the record?
only
Lt. March: Yes, sir. Don March, President of Walter E. Headley, Jr.,Miami Lodge
(i20, Fraternal Order of Police. The X amount of positions, the X amount of vacancies
haven't occured during the life of the existing register...You're with me so far?
Some promotions have been made from outside that register and are under... are being
questioned in various forms. There are other positions in a different category that
have been abolished, other vacancies occurred. They are in the process of being
addressed in a form. What we're attempting to preserve with the injunctive release
is that all vacancies that occur be filled from the register in effect at the time
the vacancies occur,save for any vacancies that are eventually adjudicated as being
properly made from outside the register. For instance, there were six promotions
10 OCT 241978
Made pursuant to an interpretation of the Consent Decree --that ate being questioned
in the courts. If at a future date, those six are upheld and ruled as being valid,
then six people at the tail end of the register --the existing register that it's scheduled
to expire --would then lose their ability to argue for a position from the register.
There are a couple of other positions in entirely different categories. What
we're trying to preserve is that when you take a promotional examination and it's
going to be in existance for a given period of time that the vacancies that occurs
come from that register only during that period of time. And that's the effort
here, I think that Ni. Knex has an understanding there. Now, I understand that
Homer Lanier was present here earlier, I don't know what the arguement was, I
don't know the facts of the situation but based on my calculations, Homer Lanier,
there is a strong possibility that he would fall within the people that the pro-
tections were sought for tonight in the injunctive,that he would fall within
that category people and will be eligible if in eventual litigation the position
is upheld that is being taken in the Circuit Court. It's not guarantee, there's
no guarantee for all of them, it's just saying let us have our shot; if we miss,
we miss,but if we're upheld don't deny us the position because the register expired.That's al
Mr. Plummer: Who filed the suit?
Mr. Knox? Do you have the names of those individuals?
Lt. March: I'm not even given a copy) he has a list of....
Mr. Plummer: Oh! excuse me, these individuals...was it filed by police officers?
Mr. Knox: Yes, there was a number of police officers including Lt. March. who
were on the register and were not promoted and that's the category of individuals
who filed the lawsuit.
Lt. March: If I might make one other comment, I understand,and correct me if I'm
wrong, that the appeal was made to extend the register. As Fraternal Order of
Police President, I'm against that. As an individual, as Don March, I would
benefit by that. If you extended the captain's register I guarantee you I'd be
promoted to captain unless something else happens...well, I think I can guarantee
that I'll be promoted to captain. I can assnee you with relative sincerity, that the
opening will occur that would afford me that opportunity.But I'm saying that I'm
against extending the register. We're trying to preserve the understanding that
when you go in there and the rules are outlined to you when you take a test that
the rules are not going to change for the duration of the register that evolves
from that test and I want you to understand that.And I'll also make one point, had
there not been any efforts made legally or whatever and we jad adhered
to the Civil Service rules in this City of Miami on the sergeants' register and
proceeded in an orderly basis through the existing register, minorities would
have been promoted in a percentage that exceeds a minority representation at
large in the Police Department,and we have the figures to support that.
Mr. Plummer: Well, once again, let me try to get to a bottom line...maybe I'm the
big dummy in this why I have to ask so many questions. Mr. Knox, what we are trying
to do is to not let the list expire, have a meeting on November 8, discuss this
matter free and openly before this Commission. Do you feel that what was done
this afternoon w{Tladequately protect what we are trying to do?
Mr. Knox: The question on November 9th will be whether or not you would wish to
discuss this very question in light of the fact that at that time it will be
before a Circuit Court Judge, the very question that we're talking about now.
Mr. Plummer: What is your recommendation?
Mr. Knox: As you're fond of saying, we really don't have a choice at this point. The
Judge has issued an injuction providing that the expiration of the register --the
existing registers, that is to captain, to lieutenant and to sergeant-- shall be
stayed until such time as there is a court determination of the legal question. So
that a meeting on this subject may be non productive by the City Commission unless
there's some policy questions that you wish to address but as to the specifics
associated with these promotions it would be unproductive in terms of your ability
to initiate any action pending a found determination by the court.
Mr. Plummer: Do I understand that to be don't touch it?
1 OCT P A IQ?R
Pit. Knox: Yns, sit.
Mts. Range: Mr. Vice Mayor?
Vice Mayor Reboso: Yes? Mrs. flange, please.
Mrs. Range: What happens now if all of the positions are upheld as they are,
if none are found to be improper whenever this cotes before the Judge? Then it
simply means that Sgt. Lanier along with all the other on that fist have just lost
their chance for promotion, is that not correct?
Mr Grassie: From the existing list, yes.
Mr. Knox: From the existing list that's correct. Now, the manner it which pro-
motions are made as new vacancies occur are subject one to the two existing Consent
Decrees primarily,Civil Service Rules and Regulations and whatever the discretion
the Management of the City through its Police Chief has with respect to those
appointments as is ordinarily the case.
Mrs. Range: Then, gentlemen, I think I just must say this. I have mixed emotions
now, but I think I must state to you that I am here and I believe others who you
see here accompanying me. isle are here because we are interested in having a fair
shot or a fair deal as far as promotions are concerned. I wonder how long has it
been since we have gotten a promotion.You know, we've sat quitely, we have not made
any fuss I believe you heard Garth Reeves say this evening that we much prefer
attempting to have this problem worked out here at the Commission level than elsewhere.
But we have now...I don't have the list before me but certainly the time has come
when we feel that we actually deserve,and when we allow this night to pass with
just a hope that somebody is going to be found improperly promoted, then that's
a very very slim margin upon to which to base our efforts. I would ask at this
point, is there any other manner of promotion whether it is City Commission or the
Manager's right to make some other adjustment in this matter?
Mr. Plummer: Let me ask one question. Don, you can probably answer better than
anyone. The six men that were made sergeants--basicallythey were all made at one time,
right?
Lt. March: No, sir.
Mr. Plummer: All right, give the breakdown of the six.
Lt. March: What? The names or....
Mr. Plummer: No, no, the ethnic.
Lt. March: The six that were made outside the register were all black....were made
outside the register.
Mr. Grassie: That's a promotion prior to the one that you're talking about, Commissioner.
Lt. March: Now, there' s a second series that were made that involved dipping down
and bypassing people that promoted two Anglo females and two Latin males. However,
if they had progressed orderly through the register one of the Anglo female would
have been promoted anyway. Now, now that I have a microphone, I might just might
to remind you and Mrs. Range of one point, that the injunction tonight does not
specifically address only the positions that involve either vacation of existing
promotions or whatever, you know, if they're felt to be wrong or ruled to be wrong
in future date.That's not the only category of positions that are involved. The
other category are positions that are no longer as a result of the Executive action)
no longer available through reorganization or some form of abolishm.nt procedure
that occurred .during tha life of the register. People who can -positively be affected
should they be ruled to be eligible for the next promotion that occurs in that
category or on the captain's register the nextup, a Latin Guillermo Zamora or
on the lieutenants' register, including Homer Lanier who I think is stirred up. With
regards to the sergeants' register there's an Anglo female, there is at least one
Latin male and I believe a second but I can check the records. But these are all
posit&ons that involve not promotions that have already occured but positions that
were abolished and there's, you know, logic involving the implied contract, the
existing of X amount of positions when you take a test and the ability of the City to
turn around and yank those positions away from you and these kinds of things. I!.m-stptf trying
to use offensive words, I'm trying to describe the ease which would things disappear.
I'm sorry, I think maybe the list that I have.... let me check....
Mr. Plummer: Well, let me ask this question. Mr. Grassie, how many sergeants have been
.made off of this register, do you know?
12
OCT 2 4.1978
iiii1i1■i■iiieiiii■i
• I I I I 1101111111111111
Mr. Grassie: I think that you're asking not how Rainy were Made the last Cite
because that number was nine....
Lt. March: Out of this register.
Mr. Grassie: Well, the ones that I know of, Commissioner, are the nine that were
made recently and the six promotions that were not off the register but were
made because of the Consent Decree prior to that.So,.if you go farther back....
Mr. Plummer: So what you're saying from what I heard is identified as ten --six
Black, two women and two Latins --that's ten.
Mr. Grassie: To go farther hack from that I would have to get into the record.
What I'm saying is that I do not remember how many promotions have been made
this register in the last year without going back into the record.
Lt. March: I have the record here but the comment I was making on the sergeants's
register,potential benefiters are one Anglo female and two Latin males --on sergeants'
reg. On lieutenants' register, one Black male;and on the captains' register, one
Black and one Latin male.
Mrs. Range: May I make just one observation from information I have, presently,
as of 1978 July? We are totally interested I believe at this point on the lieutenants.
We have a total of 30 lieutenants, of these 27 are white male and 3 are Spanish
and we have no Black lieutenants whatsoever. We have no Black lieutenants,no Black
captains. Our highest rank at this moment is the sergeants at 18....
Lt. March: No...a major....
Mrs. Range: .... and one major, but we have no lieutenants and there are 30 in the
Department.
Mr. Plummer: How many people have been made lieutenant off of this present register?
Lt. March: Ten.
Mr. Plummer: What is the breakdown?
Lt. March: Ten Anglo males.
Mr. Plummer: Okay. Captains, how many have been made off the present register?
Lt. March: Four....five.
Mr. Plummer: Breakdown.
Lt. March: The same, a 100% Latins... Anglo males.
Mr. Plummer: Anglo males, white, Anglo males not Latin.
Lt. March: I would remind you, Mr. Plummer, that the potential benefactors of
the injunction released as of tonight, the percentage is very high in the minority,
very high. And I've been accused, I think in a friendly manner by my brother
Ted Nichols of seizing every opportunity but I can assure you and I would remind
Mrs. Range I don't think I've had the chance to speak to her personally. As long
as I am in any kind of position of leadership in the Fraternal Order of Police,
I'll continue to stand by what is right and I'll continue to do the best we can
to address the kind of problem that you're concerned with quite properly. I haven't
always had cooperation in trying to do it the way I think it's right with my
own fellow Black officers but I'm going to keep working to see that that changes
too, if there is some kind of middle ground we are going to explore it but we have
not lost sight of the need and we have not lost sight of at the least of determination
on my part to change that.
Mr. Plummer. Well, where do we go from here?
Mr. Grassie: I think, the burden of the comments from the City Attorney is that
the Court really has the question in their hands at this point and we are going to
have to wait on their timetable; in the meantime nothing can change with regard
to the registers, that was the principal item of concern. I don think that the
discussion points up that there is, as Mrs. Range said, only a narrow circumstance
under which the two individuals in question that they have been concerned with
Vouid be promoted and that is the circumstance in which past promotions would
be judged to be improperly made. Future promotions would fall under the rules
of a new register and if we simply keep those things in mind I guess that
R'e will have to conclude that for the petition that is immediately in front of
tis, we are going to have to wait to see what the Court does.
Vice Mayor Reboso: Something is wrong, I think, Mr. Grassie. I don't know
where the problem is but something is wrong. I don't see the results.
Father Gibson: You know, I said the other day that I was very dissatisfied with
the report I got. Do you remember what I'm talking about. I think the other
Commissioners know what ?'m talking about. I wish you would make that report
available to every Commissioner. If you don't get me in the pack you will never
move me up. Tell them what talking about, Mr. Grassie, relate the case.
The point... the case in poit...when you had the people to go.the academy
for training...tell them that st',ry...tell them, tell them that story... tell'
to them, you can tell them better 'han I because, you know, you have facts
and what I'm trying to say is what ).lu're saying here is chicken -feed. If you
don't put but one Black in the class :gter on there won't be no Blacks there.
Tell the Commission the story.
Mr. Grassie: I think that the case that you're talking about, Commissioner
Gibson, is the process by which a class of new recruits was established for
the Police Department and one of the things that came out in the Budget hearing
that the City Commission had in discussing the Police budget was the fact that
only one Black female have been included in that class to start with and that
there were no Black males included in the class. The other thing that really
did not get discussed very thoroughly at all at the Budget hearing, was the
question of the register from which these individuals were selected and really
that is the point of this whole process that I think needs a lot more review
and analyses with regard to results because our initial review of the process
indicates that most of the people who, I would say all of the people who passed
over on that list were passed over by the department for some reason whether the
reason was that they did not show up for the examination or that they were not
residents and therefore not qualified, whether they were physically not up to
the standards --whatever the reasons. I think that what we have to do in looking
back over that process is to satisfy ourselves on whether or not those reasons
in today's world continue to be good enough whether our process really recognizes
the kind of result that we have to achieve as against the simple mechanics of
going through a process of eliminating people from the register. I think that
that is the question that has not been satisfactorily answered yet but it is in-
escapable that the class in fact was established with only one Black member in
it.
Vice Mayor Reboso: Out of how many?
Mr. Grassie: Out of 19 to start with.
Father Gibson: What I'm trying to say that I haven't said is and please, don't
blame the Manager, the Manager is not the responsible persob,I don't think. Am I
right?
Mr. Grassie: Well, indirectly, Commissioner, I am always the responsible
person, yes.
Father Gibson: Yes, indirectly, all right, okay, all right, indirectly, but the
Manager wasn't the responsible person they had eight that they could have chosen, eight.
and they chose one. That's what I am trying to tell the public and with this
the Manager is struggling like hell to tell you politely, Isn't that right,
Mr. Manager? Right, so he says,well,maybe his blood pressure was down, up, you
know or maybe his toe was cut, you know, that's what we are saying and let me
tell you my brother all that you're talking about tonight it's .di no avail if
you don't address the thing you just got through talking about, and please don't
blame the Manager or the final word that the Manager..ye5„,
(BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Father Gibson: Well, no, you know, that's just the point I'm making. When
I argued before about the report of the Affirmative Action in this Commission
everybody said, well, don't let them report back to us, report to this one,
the other one and I knew that was the way out. And as God will have it, I was
in my office sitting down, waiting to see somebody and I heard the discussion
14
OCT 2 41978
in here and ever since this thing has bothered me. I wish this Commission can
look at the way we recruit, I wish this Commission can look that of allthe people that
are recruited,to have at least had eight or nine Blacks who could go on the class.
The number one person on the examination list that made the highest score was
a Black woman and she even didn't get in the class and you know you always tell me
Ted I love you but, man, you're not qualified, you didn't pass the exam which
is a lie.
(BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Father Gibson: I don't know, let the Manager tell you who makes the decission,
I don't know.
Mrs. Gordon: Well, that's what we're talkingabout, this list getting all hanging out.
Who makes the decission, Mr. Grassie, who goes to school and who doesn't, who
gets in the classes, .who doesn't?
Mr. Grassie: Well, it's my responsibility.
Mrs. Gordon: Yes, but who really makes the decission on that issue?
Mr. Grassie: Unfortunately, the answer isnot very popular, Commissioner. We
operate like a big bureaucracy. Now, like any big corporation, we have people all
the way up and down the line who end up making individual, small judgements in
specific cases whether it has to do with a physical examination or whether it
has to do with a residency check or any of a number of things and it ends up
being a corporate process, that's why...you know, the only thing that I can tell
you is that in the final analysis I have to be responsible. There is not a person
who makes all of these decissions but it really is a product of the bureaucracy.
Mr. Plummer: I'll ask the question in other way, Mr. Grassie. Who is solely
responsible for most of the people that are disqualified? Let's come to the truth,
the truth as the matter; the department itself is making the decission who goes
into the school and who doesn't.
Mr. Grassie: That's true Jut it is not a person in the department....
Mr. Plummer: I didn't say a person, I said department.
Mrs. Range: Mr. Mayor....
Mr. Grassie: A number of people in the department.
Mr. Plummer: I understand that, may we call the personnel board.`
AW Mr. Grassie: Yes.
Mr. Plummer: So, you know what you're saying? All of the money that we spend with
the University of Chicago, all the money we spend for high price lawyers and all
the money that we spend to try and conform with the Consent Decree ,one, two decrees,
thrown out the window because you know why, is not Civil Service procedure. We've
got three or four individuals within the department who are in fact making the
decisions and they are not the elected officials that get their...the press is
here...their derrieres roasted daily for not complying. Now, Mr. Grassie, I said
it before and I'll say it again there is no way in God's green earth you will sit
here and convince me that there couldn't have been more than one Black in that
class.
Mrs. Gordon: She didn't get to the class.
Mr. Plummer: Now, I tell you what I want to tell you, it ain't going to happen
again and when I say it ain't going to happen again I'm not going to sit here
and approve hundreds of dollars and thousands of dollars for advertising, Hundreds
of thousand dollars for a super high price Human Resources i. e. Personnel Depart-
ment that are giving me absolutely no results, that's ludicrous when you have a
system that doesn't recognize that we're spending an awful lot of dollars and we're
trying to accomplish a goal. Now, I'm not saying go out here and hire some palooka.
But I'm saying that if those eight weren't acceptable then go find another eight.
That's all that I'm saying, it just doesn't make sense.
Mrs. Range: Mr. Mayor, I have....
Father Gibson: Let me make this comment and I'm going to depart. I admire the
15
OCT 2 41978
Manager and... Mt. Manager, all my life I've worked in a system just like this
and I know:.. I admire you and for the people who work under you. They ought to
appreciate you're willing to take the flack for them because, you know, by the
tape token, when you want to do some other things that may not meet with our approval
you know, we want to do it the other, you.know to do it the other way. So Iwant to
to respect you and I admire you but I'll tell this Commission this, if you don't
bring all those boys down front you ain't going to get rid of this problem. The
other thing is I said some thing.up here before and I want to say it again. Nobody
listens tome. If the top man ever said to all of the people under him ' look buddy,
the buck stops with me', do you know how I run the church? Okay.I don't care how many
vestries I have,how many organists I have. People complain about music, complain
about the choir, you know who they complaint to? This guy. And when I start
saying to everybody ' look buddy, the Affirmative Action is to go this way and I
say that even in my office I'm going to do the thing that's right, you know,
what happens if everybody gets that message loud and clear and I don't care what
the FOP says and all the others. If you are getting that government money as
we are getting it, and we make some agreements with the government; -the newspapers
asked me this before-- I expect just like I said about the School -Board today,
man, it irritates me to see that the people play games and don't live in the
true tradition of being honest and honorable and playing fair. So now, my concern
is from now on I don'twant the Manager to just take the Chief's word nor that personnel
group. I want the Manager --knowing that you're going to bear the heat --I want you
to go see for yourself, my brother, because you ain't going to be able to.give me
that kind of talk I heard tonight no more
Mrs. Range: Mr. Mayor, I certainly don't want to prolong this, I think much has
been said, but let me just say this there is an old adage that says 'open confession
is good for the soul'. I think here tonight you bared your souls as to where the
open confessions really are. I heard what Mr. Grassie has said, I heard what each
of you had said. I am Catholic, after we go to confession and admit our wrong
doing then we have to repent if indeed we do intend to be good Catholics. I would
ask you this evening to be good Commissioners and I would ask you, through you,
Mr. Grassie,to use the good power of his office to correct the wrong that has been
done not only tonight but through the years,you know, you sometimes say that we
of Black people become very pushy, we expect you to do thing that are not possible
because of the rules and regulations but every once in a while the only way we can
attain some goals are to waive the rules and regulations every once in a while.
Now, I'm not asking to waive the examinations, I'm not asking you to take on
anybody who has not already qualified butwhat I am asking is that Mr. Grassie
through the power of his office in order to make some amends for the many, many
wrong that have been done to the Black citizenry of this community and to our
Black police officers, is to appoint Sgt. Lanier to lieutenant in order that he
will not fall dead in case_this court does not put aside those appointments that have
already been made. Now, that's possible, isn't it?
(BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Mr. Knox: No That's really not a legal question, no ...because one must be ap-
pointed to a vacant position. Now, the question is to whether or not there is a
vacancy or shall be a vacancy is not, not a legal question.
Mrs. Range: I set on this Commission many years ago, and I saw us create
many, many positions, gentlemen of lady of the Commission. I've seen it done.
Mr Plummer: Mr. Grassie, is there a vacancy?
Mr. Grassie: I believe that the answer to that is no . I have to say I believe
because it is not something -that I've checked in the last two or three days. Major,
do you happen to know the answer to that question?
(UNIDENTIFIED SPEAKER MADE COMMENTS OFF THE PUBLIC RECORD).
Mr. Grassie: I'm sorry. That is the only vacancy in the department?
(UNIDENTIFIED SPEAKER MADE COMMENTS OFF THE PUBLIC RECORD).
Vice Mayor Reboso: Why don't you promote the captain and fill the vacancy Major?...
And then fill the captain vacancy and the lieutenant vacancy and....
Mr. Grassie: I don't know whether the Police Chief intends to fill the major
vacancy, Commissioner, I'll have to ask him. One of the things that we have been
doing in the Police Department is trying to cut down the number of supervisory
OCT 241978
positions in relation to the number of officers. In the last three years the
department has lost to budget reductions many police officer positions and what has
happened is that the department has really become top heavy, we've ended up with
too many ranks and not enough police officers and I know that some members of
the City Commission point that out to me from time to time. The Chief, about
a month ago, published a five-year plan designed to get the department back into
proportion with regard to the number of officers in camparison with the number of
men. It is because of that that I say I'm not sure that he intends to fill the
position of major, but I will certainly ask him that.
Vice Mayor Reboso: When, Mr. Grassie, because at 12:00 O'Clock...?
(BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD).
Mr. Grassie: No, no, my impression from what the City Attorney has said, Com-
missioner, is that these registers will not expire until the Court hears the case;
so I don't think that it's a question of having to do something by midnight, is
that correct, George?
Vice Mayor Reboso: I think so. I think J. L. asked the question, we want the
answer.
Mr. Knox: One of the difficulties is how this position would be characterized.
As I indicated earlier, the lawsuit involves specified positions and that is
those positions that have existed and have been filled throughout the life of this
register, period. Though the City Manager indicated that he was not aware, it
order for that position to be filled by an individual who is on this register then
that position must be vacant as of midnight, this evening, otherwise it would be
a "new position" to be filled in whatever manner the City generally fills vacant
positions.
Mrs. Range: Then this brings the question to my mind, if I may. Are you speaking,
Attorney Knox, are you speaking now of a lieutenant's position that might have
been filled from this register or were there any lieutenants' positions filled
from this register?
Mr. Knox: Yes, there have been throughout the life of this register, there have
been a number of appointments made from the register and based on those appointments
to then existing vacancies, there are no vacancies at the present time.
Mrs. Range: So, we are treading on very, very thin ice, lady and gentlemen of
this Commission. At 12:01 half of us tonight, we have very, very little reasons to
feel that Sgt. Lanier will become a lieutenant from this register. And I ask the
question again, what about the appointment? We're bring it right, you know, right
down front to you, we don't want to take the whole evening.
Mr. Plummer: Mrs. Range, the man who is sitting here, as I understand hiu,'is saying
that there is not a vacancy the Manager can't fill now, is that what I'm
.understanding?
Vice Mayor Reboso: But, but we have a major vacancy that....
Mr. Plummer: Don?
Lt. March: One of the point that was addressed in the injunction is also the
vacant positions; although the statement may,from the vantage point of that side
of the room be, that there are no vacancies save the major's position. The argu-
ments is that for purposes of filling from that register there are group of positions
expected to be filled from the register when the exam was given and the register
was constructed that have since been abolished. Now, that opens up two lieutenant's
positions, three sergeant's positions, on its phase because the abolishment of
those five positions as of a few weeks ago. The existing vacancy in the major's
position, 'should the argument in the Circuit Court prevail- and there's no
guarantee but that will be the target of some of the arguments.. Additionally,
there are other positions in the non -classified ranks,should the argument prevail,
that would open up potentially captains' positions and lieutenants' positions.
At the best we're looking at the openning of three captain: -Mr Reboso, Mr. Plummer -
at the best we're looking at the openning of three captains' positions. At best
we're looking,therefore,at the openning of three lieutenants' positions, I mean
1.7 OCT 2 41978
four lieutenant positions which now only reach Homer but go on past him.
And at best, I think we're looking in the neighborhood of..,the figure escapes Me,
Metre looking at somewhere 12 to 13 sergeant positions, Anyway, we're reaching
down to position /130 on the original register but with protection of the
jurisdiction and then the relief sought through the courts potentially Zamora
can argue for a promotion and Garfield who is second --I think they have the two
strongest arguments. The next two lieutenants, then would have very strong argu-
taents and the next two sergeants who eventually evolve this next step within
the existing register would have the strongest arguments. Me being third as a
captain, my argument is probably not as strong but I will make it as strongly
as I can.
Vice Mayor Reboso: Mr. Grassie, we have the opportunity to do something here,
tonight, to promote minorities, this City...81% of the popultaion of this City is
minority and we don't have a single captain and only three Latins out of 30
lieutenants with no Black whatsoever. I think we can do something before 12:00
O'Clock tonight.
Mr. Grassie: Well, there is no way in the world, Commissioner, that I can sug-
gest to you that we should make promotions absent even a consultation with the
Police Chief. I think that that would be highly improper even to talk about that, sir.
Vice Mayor Reboso: This is very important for the whole community. Why don't
you talk to the Chief?
Mr. Grassie: But, more than that, I think it is particularly important that you
understand the kind of argument that is being made to you. Because the point from
that side of the room, as Mr. March puts it, is that if people take an exam in
the Police Department, if our officers take an exam, at a time when they can
forsee a certain number of vacancies occurring sometime within the life of the
register that they are going to get on, it is the suggestion of Mr. March that there
is some kind of an implied contract between the City and the person who takes the E
which would prevent the City from abolishing those positions --the positions that
they would have been promoted into if the position had remained in the budget. Now,
I do not feel that that is a proposition which can be accepted by the City. I do
not feel that under any circumstances we can ligitimize that kind of an implied
contract. Now, I'm sure that they would not phrase it the way I'm explaining it,
but really is what it gets down to. that it gets down to is a question of
whether or not the Police Chief, this Administration, and you, in the process
of adopting a budget, have the right and the ability to decide how many positions
this City can afford. I don't think that that is something on which we can
compromise. You know, I don't think that we can give that up and that's what's being
suggested. Now, I see that to answer your question, then directly, putting aside the
argument that is being made for whether or not positions could be made to exist. In view
of the fact that we do have a Court process which would deal with the case of
Lt. Zamora and Sgt. Lanier, if it succeeds in the Court, I think that those two
individuals are probably as protected as is reasonable under our judicial process.
The only other thing that we could do, given the kind of time that we're dealing ,
with, is really to approach the question of promotional opportunities for officers
very much the way we have approached the question of promoting Police officers
to sergeants. That was not extended --that approach under the Consent Decree --was
not extended to the ranks in these last series of promotions. I think that basically
what you are asking, and the bottom line question that is being put forth, is
whether or not it is proper to restrict the promotions to the level of sergeant, and
whether or not, in fact, Affirmative Action promotions should have been made farther
up in the ranks. That's the question that is being asked. I think the circumstances
that we are in, in terms of time, indicate that the only answer that we can give for
the last register is going to be the Court answer. But really what you're asking
is whether or not we have to take a look at our process and see whether that
continues to be an adequate answer for the future because what we have done is
we have met our legal requirement, we have done what the law calls for. We have
accomplished the percentage goal of the Consent Decree. What you're asking is whether
we have accomplished the spirit of what the City Commission would like to achieve
and I think that remains an open question as to whether or not we have.
Father Gibson: Let me ask a question. If I hear you right, are you saying to us,
are you saying to us that when you give these examinations, you give them in the
hopes that you have a need for five sergeants? Is that what you're telling us?
Mr. Grassie: What I'm saying is that that is an argument which I interpret being
made by others.
18
OCT
241978
father Gibson: By Mre 4catch,
Mr, Grassier Yes, now....
Father Gibson: Isn't that right? (Inaudible) Mr. March, 1 wanted it to snake
sure I heard you right. My understanding is you said that when then take exams,
they take the exams with a full knowledge that there is a possibility that you
need say ten sergeants before they take the testand then they get on the list.
Lt. March: Yes, sir.
Father Gibson: ....and then they get on the list. Now, what I would like to ask,
and I think it's very germane. When these exams were taken, let's assume that
there was need for ten, did we fill that number or have we reduced the number?
You see,that's important.
Lt. March: What the need is...when we're talking about...you don't take a test
based upon whatever vacancies exist, you take a testwith it in mind that for the duration of
the register that gets established, if it is a one year list, that every vacancy
that occurs in that year is going to be filled from that register. Now, in the
past some of the questions in this City and other cities have arisen because
eventually a person will get to the top of that list and people don't want to
promote them, okay? So they turn around and they say either well there is a freeze
on for economic reasons and they keep that freeze on until it gets to when the
list expires, the list expires and then miraculously the the freeze is over and
they start making promotions again from a new list but they're taking that person's
promotion away. In the past that's happened for any number of reasons --political
•� reasc•s, personal reasons or whatever, there're abuses all over the country.
That's what's led to Civil Service protections in many communities. Now, what
we're trying to establish through this injunction and what we tried to establish
in the past is that whatever amount of vacancies occur they come from the register, no
more,no less. If you will recall, Mel Reese had a problem once and when got
into the arguing about abolishing positions and they said you can't do that or
whatever; he said, I'll show you what I can do -- he created ten on the spot just
to prove a point. Now, you know, if that had affected me being someone to compete
on the list I'd just come forth and said wait a second. You know, that's not
fair play, you're reaching down and pulling people who have no reason to be
promoted, denying me of coming up to compete the next time around the opportunity
to get one of those ten positions because sure enough they come back and they started
cutting back positions to make up for the ten that he made over there
because he wants to show what he can do. And I think history is going to bear me
out, I wasn't present when it happened but I think my assessment is basically
correct. Now, in this instance, here, when you talk about abolishing positions
and reorganzing it and people become disenfranchised. #I1, that I see disen-
4111.
franchised is Guillermo Zamora. Explain to that man why it is that at this time
and during this register he should become disenfranchised.As a minority member
one of the things that may occur to him is'because I'm a minority member:'.Explain
to Homer Lanier why it is that because of the reorganization of the department
the abolishment of positions,why is it that I didn't get promoted, he is a minority
member, ask him not to say "it's because I'm a minority member'.'. I'm not going to
do that, I understand perfectly when Homer Lanier comes down here and feels that
for one reason or another he's been disenfranchised,it's because its Black. I
understand when Vernest Alexander and Frank Bethea sit out here exactly how they
feel --not exactly-- but I have a feel for what they're saying, I have a comittment
as an individual to see that there's not a need for this kind of process in the
future and maybe it's going to change. What I'm saying here is that the injunction
that was sought tonight will still,as I understand:it, will still afford Zamora
and Lanier the opportunity to bring their issues. What it is that is being pro-
tected is the vacancies that ocurred the life of the register that they're on
if they make a successful argument regardless of how they make the argument and the
vacancy is ruled to be there, then they can still get that vacancy and it won't aacrue
to someone on the next register who takes the test sometime in February or March
because they weren't disenfranchised at the moment. The person who is disenfranchised
at the moment is the person who is on the existing register and so on. You know, with
regards to the immediacy of doing something before 12:00, you know, that's your
collective decision here. It's my interpretation that the opportunity will still exist
to redress that wrong, should that wrong be brought forth in any form, and
determined:to have been wrong.
Mrs, Range: Mr. Mayor, tray I. If I were, I haven't been called upon to respond to
Mr. March, but if I were given that privilege, without being rude at all, Mr. March, I
OCT19 241978
certaitly,I do not intend to be rude to you but I would simply reply by saying
mo what's new, I really would. I can go back to the days when we say we mustn't
feel this way because we are Black. My blackness stands out now even more than
it ever did before. I can go back to the days here in the City of Miami when
nine Black patrolmen were allowed or were sent into detective work for the
entire period of time,saved for the crucial moment, just as we are moving up to
now,and they were told, they had worked for the number of days, or months, or
years that they would automatically have gone over as detective with detective's
pay and their rights and just within moments we can possibly say they were told
to report for work the next day in uniform. And this has been going on, lady
and gentlemen of this Commission, over the years it's nothing new to us, it's
nothing new to us and we have to feel that it is because we are Black, how
else can we feel? It doesn't happen to others and it continues to happen to us
over, and over, and over again. Now, here we are at another crucial moment with
nothing having been done and we are asking you now, it doesn't matter reAtiy to us
how it sounds to anybody else, we're here fighting for our very lives, so
to speak. And so, we are asking to reinstate the position and to Make Sgt. Lanier,
make him a lieutenant. Now, you tell me what we should go back and say to the
conmunity,we didn't make it this time but if you guys are real good guys and
study some more and go pass another test perhaps you'll get in the next time?
This is the way it's been, you can look at this list and see. And I'd just
like to get an answer, you know, I have talked out, maybe I haven't made too
much sense but I'll tell you I've seen many many changes made here in the City
of Miami and I know many, many things can be done and as I repeat myself, I think when
a wrong has been established that somehow or other, we ought to right it and
I think it would be most unfortunate to have this list to go out tonight at
12:01. You might wonder why more people do not seek high office but perhaps
you don't know what is like but it's an awfully painful!thing2.oget to the top
of the ladder and then a big foot kicks you back down to the bottom. And I'm
not attempting to be dramatical or emotional but that's just the way it is here
in the City of Miami.
Vice Mayor Reboso: Mr. Knox, what can we do legally? I am talking about the City
Commission.
Mr. Knox: Again, these questions, the question of the Administration and Super-
vision of the Police Department and indeed all departments within the City of
Miami with few exceptions, are under the exclusive jurisdiction of the City Manager
and the City Commission is prohibited by its own Charter from giving order to
the City Manager or any of his subordinates with respect to any administrative
matter. And the only thing that the City Commission has the power to do is express
its will either by resolution or ordinance or express its,you know, informal will
or opinion in the form of a motion which if adopted is not bin ding as an instruction
upon the administration of the City. As to this precise question,those are the
parameters within which the City Commission is inpoweredto act under the Charter.
Mr. Grassie: But, just as a foot -note to that, Mr. Vice Mayor, I don't think that
we're talking about a situation in which the City Commission and the Administration
have any difference in point of view with regard to what we would like to accomplish.
We do have a situation which, like a lot of the problems that you deal with and we
deal with gets to be pretty complex when you look at all of the things that have
to be considered and this question of the promotions in the Police Department is at
least as complex as most of the things we deal with. One of the things that,
for example, I would be curious about clarifying is whether or not if this injunctive
relief which has been sought is successful,whether or not in fact the direction
of the Court case that has been initiated by some of the police officers would be
towards promoting Sgt. Lanier? It occurs to me that it is very likely that in
fact the direction of that case would be towards promoting whoever happens to be
at the top of that register. Now, I believe that I've heard that Sgt. Lanier is
either third or fourth in that register and I believe it's fourth. What I'm sug-
gesting to you is that although some of the conversation has had to do Sgt. Lanier
that in fact some of the motivation behind the case may have much more to do with
promoting whoever i5i1 or #2 on that list and it's really particularly difficult
to make these kinds of judgements without the kind of full information that I. think
we all need. Certainly, I don't think that I have it at this point.
Vice Mayor Reboso: What's the will of this Commission?
Mr. Plummer: What can the will of this Commission be?
Vice Mayor Reboso: Well, the only thing....
20 OCT 2 41976
IIIiiiiiiiiuiiiuinIIIiiiii iiiii1
IN ■IIIIIuIuIumiiuI
UIIII H1111iii ii ii IUeiil
Mt. Plummer: Tell me what my alternatives are. I've got an Attorney who is
telling me leave it alone, it's a Court case. I've got a City Manager that is telling
me there are no vacancies and that it could have more ramifications down the road
than what it is in the short run. What are my alternatives?,Somebody explain me my
alternatives, then maybe I can come with a motion. There is only one area that I
see, Mr. Grassie, that I think we can pursue whether it's legal or not legal and I
go back to my position of this afternoon and I wouldn't hesitate to make a motion
at this time that the intent of this Commission, the policy or whatever,
no- binding, whatever the terminology is,...what we would like
to see is that this register doesn't run out until we had the time to review all
matters. You know, I feel like I got my back to the wall and and a clock is
shooting at me. Now, what I would like to say is that this register, that every-
thing freezes, nothing happens until this Commission has the right to sit down,
and look in...you inform yourself, inform us, talk with the Chief, talk with the
City Attorney but what I want to do is stop the clock at midnight. Congress
can do it, I don't know that we can. Other than that, I don't know what the hell
we can do.
Mr. Grassie: I'll see if I can answer your question. My impresssion is that the
registers remain in effect for the purpose of making promotions if we discovered
that anything improper has been done in previous promotions. That will be done
regardless of whether we do anything now or not. The question of whether or not
absent any court action, the Civil Service Board can extends these registers so
that these individuals have an opportunity for promotion I believe would be
answered in the negative, because of the effect of the Consent Decree.
Mr. Plummer: That isn't what I said. What I said was, the dead line or the
termination time of this evening be extended to give this Commission the right
to sit down in free and open forum with all parties concerned to discuss this matter
before that final blow that says that the register is dead. That's all I'm saying.
I'm not saying that at the time after we have heard all concerned parties that
we might not agree and we do not make any promotion but I'm trying to preclude
that right being taken away from us.
Mr. Grassie: I understand what you want to achieve and I'm trying to give you a
correct answer, a truthful answer as I understand it, and principally I'm interpreting
what the City Attorney had said. My understanding of the answer to your question
is that the only that we can hold the dead line on the expiration of these eligible
lists is through the Court action which has laready been instituted and that has
a very limited application. Further, my understanding of the Consent Decree is
that there is no other way that we can keep the registers from expiring; so that
the only way in which the registers would remain alive is through the act of the Court.
Mr. Plummer: Which is presently going on.
Mr. Grassie: Which is presently going on. That is my understanding the answer
to your question.
Mr. Knox: Mr. Vice Mayor and Members of the Commission, I might.add one
thing and, of course, the determination about this procedure will ultimately be
up to you. The Cohen Consent Decree which was entered in 1973, provides very specifically
that any register that is created after a validation study by the University of
Chicago, shall have a duration of one year and no more --that's the precise language.
The reason, the reason that that language was in that Consent Decree was based on
a logic that does not apply to this facts. The reasoning was thatif minority individuals
were going to have an opportunity to be promoted from lower into higher positions,
then a greater by the implementation of an Affirmative Action Plan as set out in
that Decree then greater and greater numbers of minorities would begin to appear
from year to year so that that progress, the Courtreasoned, should not be interrupted
by having a register that last two years because if you have a one year register
the following year there will be more minorities on that register and so on. Now,
if that Decree could be modified depending on the opposition to that kind of modi-
fication and depending on the Judge's disposition regarding these facts, under
these circumstances if that would be the will of the Commission I could request that
Judge Rucker take a new look at that provision of the 1973 Decree and ask him to
update that provision in light of our current circumstance. At that point, then
the City Civil Service Board , under its rules the only thing that prevents the
Civil Service Board from extending the register (because they have the power to
extend the register) is the Consent Decree. The power rests within the Civil
Service Rules and Regulations for the Board to extend a register.
Vice Mayor Reboso: Make the motion, J. L.
21 OCT 241978
Mr. plummet: What would the motion....
Mrs. Gordon: George, do you want a motion frofn this Comfiissiat?
Mr. Plummer: How would the motion read?
Mr. Knox: I would just like to have the record reflect that is the will of
the Commission that the City Attorney seek a modification of that precise provision
of the Cohen Consent Decree which would permit the Civil Service Board to make
its own determination pursuant to its power with respect to the extension of
regitters and not be precluded by the language in the Consent Decree inasmuch as
the reasons for that language arguediy have changed since 1973.
Vice Mayor Reboso: Okay.
Mrs. Gordon: How long would it take you to be able to get that determination,
George?
Mr. Knox: Well, time is not necessarily of the essence in light of the fact
that this present State Court action has had some impact on the expiration at
midnight.. I mean. I would ask as quickly as possible, and I would at least allege
that this request is made on emergency conditions and Federal judges usually
make at least a preliminary decision right away on the emergency circumstances
and I am prepared to file this request tomorrow.
Vice Mayor Reboso: Okay.
Mr. Plummer: This would be the ultimate bottom line would be to hold the existing
register.
Mr. Knox: To extend, to give the City, to give the Civil Service Board the
power to extend the existing register.
Mrs. Gordon: This register.
Vice Mayor Reboso: That's right.
Mrs. Gordon: Okay, I'll so move.
Mr. Plummer: The
Vice Mayor Reboso:
present register.
That's right.
Mr. Plummer: I'll second the motion.
Vice Mayor Reboso: Okay,
Call the roll, please.
The following motion
adoption.
we have a motion and a second. Any further discussion?
was introduced by Commissioner Gordon who moved its
MOTION NO. 78-679
A MOTION OF THE CITY COMMISSION AUTHORIZING AND
INSTRUCTING THE CITY ATTORNEY TO SEEK A MODIFI-
CATION OF THAT PRECISE PROVISION OF THE COHEN
CONSENT DECREE WHICH WOULD PERMIT THE CIVIL
SERVICE BOARD TO MAKE ITS OWN DETERMINATION PUR-
SUANT TO ITS POWER WITH RESPECT TO THE EXTENSION
OF REGISTERS AND NOT BE PRECLUDED BY THE LANGUAGE
IN THE ABOVE -REFERENCED DECREE INASMUCH AS THE
REASONS FOR THAT LANGUAGE ARGUEDLY HAVE CHANGED.
Upon being seconded by Commissioner Plummer, the motion was passed and
by the following vote:
AYES;
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
NQMS; None.
ABSENT: Mayor Maurice A. Ferre.
22
adopted
OCT 2 41918
Mrs. Gordon: Mr. Vice Mayor, may 1 ask you to on the test of the issue....
Mrs. Range: Thank you, we've done the best we could, we appreciate your time.
Mr. Plummer: Well let me do one other thing while we are up here and
we are all, as you could say, having a prayer meeting at City Hall-- everything
goes wrong, they have a prayer meeting. Mr. Grassie, what kind of assurances can
this commission have prior to that prior to the commencement of the next Academy
class, that this Commission will have the opportunity to take a look prior to any-
thing being etched in concrete.
Mr. Grassie: I would think that we should simply lay that down as an objective
that we are going to accomplish. What you are, I believe, what you're saying is
that you would like to see before individuals are selected for the next class
what the proposed ethnic composition of that class would be....
Mr. Plummer: You said that, I didn't.
Mr. Grassie: ....and I see no reason why that could not be accomplished.
Lt. March: Can I just make an observation, I know that you're very fond of
making observations and then coming back after a period of time saying, remember
J. L. Plummer said....
Mr. Plummer: I told you so.
Lr. March: Okay. If you extend the register with regards to lieutenants in an
effort to accommodate Homer Lanier for whatever reason you want and I do not object
to Homer Lanier ascending to the rank of lieutenant, I indicated that there is a
possibility. But if you do that, Homer Lanier is the only minority member on that
register. Every single position that would be filled in the next year, will be
a white Anglo-Saxon male. There are no other minorities on the register. You'll
be denying fora full year the opportunity of all minority sergeants to compete
and ascend and have the opportunity to become police lieutenant.
Mrs. Gordon: You're dammed if you do, you're dammed if you don't.
Mr. Plummer: But you see, Don, if you recall....
Mr. Grassie: Which is, precisely, the point that
about half an hour ago.
I was making to the City Commission
Lt. March: I'm just, I'm just... so that I can say that I told so. With regards
to Police captain, I thank you. I'm arguing strongly against the extension of the
register but you will have guaranteed that another white Anglo-Saxon male will
ascend to the rank of Police captain to the detriment of any minority members who
might wish to compete. With regards to sergeants, it is true that there are minority
members --Black males, Anglo females, Spanish males, I lose track of the numbers,.
but I think from looking at this list that you will be affording the greater promotional
opportunities to white Anglo-Saxon males. Now, I think you should revisit the logic
in making the move that you're doing. Additionally, you're opening up all kinds
of other litigation to the people who were on the registers for the last three years.
Mr. Plummer: Mr. March, I respect your right to make an observation and have the
right in the future to come back and say I told you so; but what I don't agree with
upon is #11, that this extension will, in fact, be for a year. #2, I don't agree
that at this point that I or any other member of this Commission will, in fact, change
what is presently there. I think all this Commission is asking for is time. That's
what I'm asking for, is time. To put this matter up on top of the table without
our back to the wall and having a clock shoot against us saying that we've got
to do something right or wrong, do something. Now, I'm not saying and I don't
think that the motion implies that the extension would be a year. The way I understood
the motion was, it was giving the authority which now does not exist for an extension.
It could be, in fact, a 30-day extension which would allow everything to be brought
before this Commission, laid on top of the table, hear from interested parties
and then we make a decision if we wish to. Now, that'a all I'm saying. We have
not done anything here, tonight, in my estimation, but ask for time, that's all
we've done. How much time? I would hope 30 days would 'be sufficient, if it is
not maybe 60, but surely in my estimation 90 would be the outside. You say to me
that the new test would not be given till March anyhow.
23
OCT 241978
ir. }4atch: I have no idea tihen a hew test is going tb be given
The projected date is sometime in the spring,
Mt. Plummer: Some one made that statement tonight.
Lt. March: No, the projected date is sometime in the spring. But, Cotmissioner
Plummer, please, I'm trying to call your attention to something that you might
not have known I see some problems with making the kind of effort that are
suggested here and I want you to understand that as long as I have this job,
and I'm going to have for another two and a half months, I'm going to do the
best I can to make the promotional procedure in the Police Department, at least,
a non-litigative type of procedure and it looks like it may take a. lot of more
litigation to do that, Okay? And every time I see something again it's going
to thrust us into some form somewhere else and expressly concerned when we have to go
to Broward County to see the Federal District Court Judge
think you are going to find you go to see him tomorrow, he is out of'town, so
you might call first because I believe Judge Rucker is out of town and not available.
But I'm just saying I come here as a word of caution, I don't mean to challenge
anything that you try to do but I'm saying think about that particular aspect
of your efforts first. Thank you.
Mrs. Range: This raises a question in my mind regarding the extension,I took
with... I noted what was stated about the list being completely white Anglo-Saxon
after Sgt.'s Lanier. Now, does this mean, does what you have said or does your
motion speak to the point that by Commission action you will be able to cut
the list off at that point? You see, because what he is saying is that, is if
it's extended a year we have no hope for any other promotion which is true. Now,
I want to know if you're going to need only Commission action to inactivate --let
me use that term-- to inactivate that list once whatever you're trying to accomplish
now has been accomplished either by Court action or by promotion.
Mr. Plummer: Well, Athalie, I think what you're trying to say, and it is something that
I have said just the opposite of, I, tonight,have no preconceived motion that I
will make when this matter is discussed before the Commission; and -so I have to
say to you that I can't answer that. When this Commission meets and all these
matters are laid on tpp of the table, I then will make what I think is the fairest
judgement and proceed that way. Maybe that might be the case that,as far as I am
concerned I'm only one vote, that I think that the register should be cut, that's
it and no more. You know, whatever the alternatives are, is what I'm going to
keep my options opened on.
Mrs. Range: All right, answer one other question for me then.
Mr. Plummer: But I'm speaking only for one, there are others there
Mrs. Range: Yes, I understand, but while we're on this, the word extension to me
means that too, that it can be that also. So in the case of this particular list
being extended as far as time is concerned,in the event another examination is
given in March,then can those names be added to the same list?
Mr. Plummer: Yes, after they take the exam.
Mrs. Range: Yes, that's what I've said, if an examination was given on March.
Mr. Plummer: If they take the exam and they're placed on the register, they would
not be...there's no way (Inaudible) .
Mrs. Range: So the list would just be extended, is that right?
Mrs. Gordon: Another list, as I understand it.
Mrs. Range: I mean, you (inaudible).
Mr. Plummer: Another list would be established.
Mrs. Gordon: Becomes a new register as I understand it.
Vice Mayor Reboso: That will be a new list, a new register,
OCT 2 41978
■
1
0
■
—
-
Mt. Plummer: Let the answer it this way: The new list can hot be established
until the old one is dead.
Mrs. Range: All right then, so that means that you have the Rowet to kill
that list off whenever the time is a propos.
Mrs. Gordon: Yes, right.
Mr. Grassie: No, but that is not strictly true► The City Commissioner does
not have....
Mr. Plummer: The Civil Service.
Mrs. Gordon: The Civil Service Board does it.
Mr. Grassie: ....the authority to do that.
Mrs. Range: Well, we are just as interested in not having an all white list
continue for another year, we are just as interested in that because we may not
get Lanier and then we won't have any hope of getting anybody else, if the list
is extended for a year.
Mr. Plummer: That's why I said before that in my estimation it was not etched
in concrete that it had to be a year, it could be 30 days or 60 days to give us
time, that's all we're buying.
r. Mrs. Range: All right, all right, so the possibility (ianudible)
Mrs. Gordon: We've done all we can for this evening. We can't really do anything
more that try to save the list at least for the time being through the Courts.
Mrs. Range: All right, thank you, I'm very tired and thank you very much, and
I've done the best I could....
41111.
Mrs. Gordon: You sure have.
Mrs. Range: ....I did the best I could. Okay? Thank you very much.
Mrs. Gordon: Mr. Vice Mayor, may I ask you to find out....
Vice Mayor Reboso: Thank you very much, Mrs. Range.
AT THIS POINT, THE CITY COMMISSION ADJOURNED THE REGULAR PORTION OF THE MEETI:G
AND TOOK UP THE PLANNING AND ZONING MATTERS OF THEIR AGENDA.
25
OCT 241978
•IIIIIIIIIII■1111■II ■■mill ■uuiii■iii■uiii■iiimmu.
7Mi k� 'tiF
CLOSE TALUGA DRIVE TO VEHICULAR TRAFFIC
SOUTH DIXIE•HIGHWAY & U,S, #1
Mrs. Gordon: The party who is here on II9,would you want to 4eak to this item?
Mr. Uavis: Item #9, if I may introduce it, it's an application pf...started
by a petition from the residents of the area of Taluga Drive to close that
drive to vehicular traffic at South Dixie Highway, Public Works Department studied
this matter and recommends such a traffic stopage.
Mrs. Gordon:
Mr. Plummer:
Mr. Davis:
To be specific, the allocation of this is North or South of 17th Avenue?
Approximately 18th Avenue.
Yes, about 18th Avenue.
Mrs. Gordon: All right. Is the....
. There are probably several residents here who may or may not wish
Mr. Davis
to speak.
Mr. Plummer: Well, there are two in the back who
for it or against it?
Unidentified
Mrs. Gordon:
Mr. Plummer:
Unidentified
Mr. Plummer:
Unidentified
Mrs. Gordon:
Mr. Plummer:
Speaker: I'm for it.
Is anybody here opposing it?
Is anybody here in opposition?'
Speaker: I don't know.
It's recommended? ••••
Speaker: I believe everybody is for
Anybody here opposing it?
....well, I hate to make the motion,;
are here for this
Mrs. Gordon: I move it.
Vice Mayor Reboso: Okay.
Mrs. Gordon: Is it..., do you second it?
Vice Mayor Reboso:
Moved and seconded, any further discussion,
item...are
you
call the roll, please.
The following resolution was introduced by Commissioner Gordon who moved its
adoption:
RESOLUTION NO. 78-680
A RESOLUTION CLOSING THE INTERSECTION OF
TALUGA DRIVE AT SOUTH DIXIE HIGHGWAY (U.S. 1)
TO VEHICULAR TRAFFIC UNTIL FURTHER NOTICE.
(Here follows body of resolution, omitted here and on file;'
in the Office of the City Clerk).
26
UT 241978
IMOD
OMB
MEW
MMED
®s
mow
mac=
BEIM
MMIC
IIIIIIIIIIIIIIIIIIIIIIIII I1110DIDIIIII
tpon being seconded by Commissioner Gibson the
adopted by the follooing vote;
AYES
resolution Was
Commissioner J. L. Plummer, Jt.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibsoh
Vice Mayor Manolo Reboso
NOES: None.
ABSENT: Mayor Maurice A. Ferre.
passed aid
GREENWOOD ROAD. BETWEEN CORNELIA DRIVE
VACATE & CLOSE: AND iENTATIVEU�LAT #lOZ6
"GROVE MOUNTAIN"
Mrs. Gordon: Anyone here on 10? Anyone here on 11, 12?
Mr Plummer: I saw Joe Kolisch here.
Mr. Davis: Twelve, there's a lot of people here, yes. This is an application
as for the vacation and closure of Greenwood Road between Cornelia Drive and
S.W. 27th Avenue in conjuction with the new Plat.
Mrs. Gordon: Recommended for approval?
Mr. Davis: The Planning Department recommended approval on this Plat and Street
Committee recommended approval, the Zoning Board recommends 7-0.
Mrs. Gordon: Move it.
Vice Mayor Reboso: Moved by Commissioner Gordon.
Father Gibson: Second.
Vice Mayor Reboso: Seconded by Commissioner Plummer, any further discussion,
call the roll, please.
The following resolution was introduced by Commissioner Gordon who moved
its adoption:
RESOLUTION NO. 78-681
A RESOLUTION OFFICIALLY VACATING AN CLOSING
GREENWOOD ROAD BEGINNING AT THE EAST RIGHT-OF-
WAY LINE OF CORNELIA DRIVE EASTWARDLY FOR ± 227';
IN CONJUNCTION WITH TENTATIVE PLAT NO. 1026 -
"GROVE MOUNTAIN", BEING A PORTION OF GREENWOOD
ROAD BETWEEN CORNELIA DRIVE AND S.W. 27TH AVENUE.
(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:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
AXES :
NOES; None,
ABSENT. Mayor Maurice A. Ferre.
27
OCT 24.1978
. .
GRANT APPLICATION FOR .1 YEAR EXTENSLON .OF VARIANCE
2651 SOUTH.MIAMI AVENUE. SETgACKS AND -HEIGHT ON
SAVINGS & LOAN INSTITUTION
• ••... .....•• . • •_,
Mrs. Gordon: 113?
Mr. Plummer: Oh! no.
•
45r44:1'.1 • - . •
Mr. Davis: #13, there is an application for a one-year extension of variances
for setbacks and height on a savings and loan institution at 2651 South MIAMI AVenue.
The Department recommends such an extension.
Mr. Plummer: Oh, no!
Father Gibson: I move.
Mrs. Gordon: Second.
Vice Mayor Reboso: Moved and seconded, any further discussion....
Mr. Plummer:
....no way.
Vice Mayor Reboso: ....call the roll, please.
The following resolution was introduce by Commissioner Gibson who moved
its adoption:
RESOLUTION NO. 78-682
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE
VARIANCE AS LISTED tN ORDINANCE NO. 6871, ARTICLE
XI-1, SECTION 4 AND ARTICLE XXVI, SECTION 2(30)(b),
TO PERMIT CONSTRUCTION OF A SAVINGS AND LOAN
INSTITUTION (PROPOSED BRICKELL SAVINGS AND `LOAN
ASSOCIATION) ON LOTS 5 THROUGH 10, BLOCK 57, (LYING
NORTHEASTERLY OF FEDERAL HIGHWAY) FLAGLER MARY
BRICKELL (5-44), BEING 2651 SOUTH MIAMI AVENUE, AS
PER SITE PLAN ON FILE, WITH 10.0' FRONT YARDS (30'
REQUIRED) AND 39' BUILDING HEIGHT IN THREE STORIES
(25' HEIGHT OR TWO STORIES ALLOWED), AND SUBJECT TO
YARD APPROVAL BY THE ENVIRONMENTAL PRESERVATION BOARD
ON THAT PART ABUTTING SOUTH MIAMI AVENUE (A SCENIC
TRANSPORTATION CORRIDOR); ZONED R -CA (RESEIDENTIAL OFFICE)
AND SUBJECT TO: (1) NO FUTURE EXPANSION, (2) CONFINED
TO SAVINGS AND LOAN ACTIBITIES ONLY AND (3) SUBJECT TO
APPROVAL OF FINAL PLANS BY THE PLANNING DEPARTMENT.
(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 J. L. PLummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
NOES: None.
ABSENT; Mayor Maurice A. Ferre.
a
=MI=
Min
PUBLIC HEARING
PROPOSED
ORDINANCE:
PROPOSED REVISION -OF. RESIDENCY
REQUIREMENTS ON TuE ZONING BOARD
AND THE tLANNING ADVISORY BOARD
Vice Mayor Reboso: Fourteen?
Mr. Davis: Item #14, is brought up to this Commission after request of the
Commission itself some months ago. The discussion was brought before this
Commission of the residency requirements for membership on the Planning
Advisory Board and on the Zoning Board. The Code now requires that in order to
sit on the Board, a•member must be an"elector" of the City of Miami.
Mrs. Gordon: Does that apply to a City Commissioner too?
Mr. Davis: No ma'am, I'm not addressing that.
Mrs. Gordon: I know you're not, but I am.
Mr. Davis: I don't know.
Mrs. Gordon: Okay.
Mr. Davis: The suggestion was made that the Planning Department study this for other
requirements such as ownership of property or of residency in the City and so forth
and the recommendation they have made is brought back to you in you fact sheet and
the Planning Department, I think, would study it with you now.
Mrs. Gordon: I don't...okay. There are a lot of people here to speak for it and
against it but I'm going to take a personal privilage and speak as, if you want
to say the mother of the new zoning ordinances that were created in 1972,
we have 9 months of giving birth to this thing. In fact, that's the way The Miami
Hearald used to cartoon us as a stork carrying a baby --a new Planning and Zoning
Board, a separation of what had been a single board. And even that board which
existed prior to 1972 for all the years that I know of it, required a person
to live within a particular district not only to reside within the City of Miami.
So, all the history of the zoning and planning of the City of Miami has always
been that you must be a resident of the City of Miami. Now, I have nothing against
the individual who has made this item tonight a matter for discussion because I don't
believe it's matter of zoning or designing anything for any individuals in this
community. And when we begin to do things -like that, we have totally failed in
our responsibility to the people of the City of Miami.
Vice Mayor Reboso: Mrs. Rockafellar, please.
Mrs. Rockefellar: I'm Grace Rockafellar, I live at 814 N.E. 71st Street. Now, I
want to get a question settled first. Am I here speaking as a private citizen or
since I'm a member of the Planning Advisory Board, may speak to the discussion that
it is before you tonight as a member of the Planning Advisory Board?
Mrs. Gordon: Are you bringing the opinion of a vote that was taken before the
Board, Grace?
Mrs. Rockafellar: No, I'm not.
Mrs. Gordon: Then you speak as an individual.
Mrs. Rockafellar: Well, I'm bringing an opinion that I spoke to Mr. Grassie on,
and also to make recommendations I spoke to our new Director, Mr. Reid, and this Very
much involves the subject here, tonight.
Mrs. Gordon: Did your Board authorize you as Chairman to speak for them?
Mrs. Rockafellar: No, I am Chairman of the Board but we are here, I imagine,'you
are going to have various opinions from the Board.
Mrs. Gordon: Then I...would you ask my opinion, I'll tell you my opinion, Grace,
you speak as an individual citizen of the City of Miami, you have every right to
speak. But as Chairman of the Board, unless you have the authority of your Board,
I don't think you have the • right to speak for the Board.
29
OCT 2 41978
Mts. Rockafellar: I never assume the authority of the Board without the peihission
o- the Board, I have never done that, Mts. Gordon.
Vice Mayor Reboso: Mrs. Gordon!
Mrs. Gordon: Then I would suggest to speak ag an individual.
Mrs. Rockafellar: All right, now, getting back to start, I thinkthis Commission
knows, has known me long enough,that when I come before this Commission I speak very
frankly and just as honestly as I know how. Now, the Planning Advisory Board and
the Zoning Board --when this Board was created --applications were taken. Each and
everyone of us that applied for these applications were required to fill out a
complete resume which gave our educational background, our business background,
our activities in the community. In fact, we gave our life history and this is
all a matter of public record. These were followed up by letters of endoresement
from civic associations in the community, from civic associations from business
leadership in the community that either recommended us or did not recommend, us,
to this Board. Now, I think, whether you're a member, as a private
citizen,I think whether you're a member of this.Board--the Planning Advisory Board
or the Zoning Board-- if we have a grievance, if we think that somebody is doing
something immoral something unethical, something illegal that were not living
up to the high standards that you as this Commission, appointed us to do to uphold
the integrity of the City of Miami then I think we have two avenues of recourse.
One, we have an excellent Planning Department,we could take that grievance there: we have
an excellent City Commission that is responsible for us being here, we could
take that to them.But in each case, any member that did that could not remain
anonymous. Now, if a member of the Board or anyone else has a grievance against
some member of the Board, they want to make publicity out of this, the easy thing
to do is call up a reporter and say 'look I've got a scoop for you, keep my name
anonymous but give it the publicity', And I imagine that every member of this Com-
mission --including the Mayor, the City Administration, the Planning Department and
many of us that sit on that Board, were appalled to open up our newspaper and read
the headlines by somebody who didn't have the courage to come out and say ' I'm
the one that said this', didn't have the courage to do that and says,
'thr. City Commission can not locate one of their Planning Advisory members:'
would say that's a kind of dirty blow. Now, giving back to the ordinance itself
I was in the Commission meeting the day that this was brought up. The City Com-
mission instructed the City Manager to come up with proposed revisions and I
heard many, many times that revisions are made to be amended. The Planning Advisory
Board has spent many months in amending, redoing the ordinances for the City Com-
mission to bring them up to date, to bring them up to what the times are today.
Now, I feel and I went to Mr. Grassie and I made two suggestions to Mr. Grassie.
And I thought at the time he concurred with me, we had a quite little talk about
it. My opinion is that any member of the Board whether they live on the City of
Miami or whether they own an apartment building, own a home, own a business and
employ people, have as big a stakein the City of Miami, that I do just owning my home. S'
of the members don't even own their homes, they rent them but they are registered
voters. Now, I've been interviewed by every television station, both newspapers
in this City, one of the questions they say to me is the Planning Advisory Board
a legislative body or are they simply...we make recommendations for an Advisory
Board to the City Commission. And, of course, this is true, we are an Advisory •
Board to the City Commission. We do not set policy, this Commission sets policy.
This is a Commission that these -things should be brought to. The question that
was then asked is how many City officials, how many of City officials not only
in the City of Miami but in other municipalities,we'll take the City of Miami
for instance, thatsit in high ranking jobs, that make decisions that affect the
lives of every citizen in this Miami that do not live in the City of Miami. We
just had one experience here awhi;le:backnur previous City Manager. How much au-
thority did he have? How many decisions did he make for the City of Miami,
he people that live here. He lived in Kendall, he lived in Kendall, he did not
live in the City of Miami. I can name you numerous City officials they are on
high ranking jobs, righ now, that do not live in the City of Miami that are making
decisions for each and every one of us. Now, to me, I think that if a person
lives in Dade County...now we had now... the news media has brought up,they've evidently
interviewed other members of the Board, they brought up other things. One thing
is that they say this is going to open it up to slum landlords. Well, anybody ''Zo's
familiar with slum landlords knows that a slum landlord is in there to get every
dime he can out of the depressed people that are forced to live in his accommo-
dation. It's hard for the police, it's hard for the judges to catchup with the
slum landlords in order to get him to correct his inequities; much let him in
exposing himself to sitting on one of these boards for he may be torn apart not
only by the Board members but by the citizens that come before him. Another argu.-
30
OCT 241979
tent they said was going to be brought up was this is going to open up to
absentee landlords --people that live in New York, Philadelphia, Chicago --they're
going to have a piece of commercial property,they're going to lease it out. Now, when
that landlord, that absentee landlord,and I don't think that this change in the
ordinance would affect out of state landlords,because that landlord, if he leases
the building to me and I was going to run a business, my expenses on that business
would include the taxes on that building they'd all have to be taken in. The land-
lord. considers this part of his rent. He gets his taxes back. So, he has no
direct involvement in the City other than to have his checks mailed to him that
covers his insurance, his taxes and everything else concerning that building.
Then another argument was brought up by one of the television reporters, they
say well, one of the Board member said this is going to open it up to the big
developers downtown. Now, the big developers downtown, in my opinion, are not
going to waist their time trying to get on a Board, a Zoning Board or a Planning
Board that where the Planning Board is strictly an Advisory Board, the Boning Board,
their decision is final unless it's appealed. It's very easy to appeal it, you
can do it in one of two ways --pay a small fee or collect so many signatures within
a certain radius to the area. Many of those decisions are appealed to the City
Commission. This big developers are surrounded by very prestigious law firms,
if they don't get what they want here they take it to court. And I don't think
that those arguments are giving much credence to the integrity and the ability of
this Commission who has shown in the past that your integrity, your honesty and
your ability is above reproach and I give a lot of credit to this Commission on
that aspect of it. So, I feel, that since Mr. Borja, we're not settling this
for Mr. Borja, but Mr. Borja has been the subject of this matter right along
through.We don't know for sure who did this, but the consensus is it was a ven-
detta to get Mr. Borja of the Board. They could have gone to you, this Commission....
Mrs. Gordon: Grace, I don't think you ought to address it in that manner....
Mrs. Rockafellar: I... excuse me, I would refrase....
Mrs. Gordon: ....I think you should address... I respect you tremendously, you
were appointed with a 5-0 vote and I think because of the confidence we placed
on you that you should keep it above personalities.
Mrs. Rockafellar: We are keeping it above personalities.What I'm saying is there's a
right way to do it and a wrong way to do it, Rose, and you as Commissioner should
know it. I think you feel yourself that instead of this being given to the news
media, it should have been brought to your attention, this is your baby you don't
go out every day, check me, call me, call every member of that Board and say are
you still living in the City of Miami, are you still a voter.
Mrs. Gordon: Grace, you're not answering ...my concerns are whether or not the
residency requirements should, would improve the system that we have if they
were changed, in my opinion they would not.
Mrs. Rockafellar: Well, you're expressing your opinion, that's my time to speak. May
I express mine: I feel that somebody that owns a_ business, employs people,
owns an apartment building and pays taxes, owns a home and pays taxes, has as
much interest in the City of Miami -in the economy of Miami-- as someone who
sits on the Board who maybe rents an apartment or owns a home like I do. A home in the City of
Miami is all we own. Now, that was one recommendation that I have made to
Mr. Grassie and to Mr. Reid. Another recommendation that I have made as long
as this we're considering revisingthe ordinance and I think that when this was made
the City of Miami, this Commission especially, has a tremendous reputation for
non-descrimination and I applaud you for it. Now, the way the Board is set up
now, the way the membersare set up now, if a person is appointed for two years
then that person is allowed to be reappointed for three years and three years
making a total of eight. If a person is appointed for one year, then that person
can be appointed for three years and three years making a total of seven. If
a person is appointed for three years and three years, then that person can
only be appointed for six years. Now, I think that if you want to set a time
limit that's fine , say, three full terms, nine years, twelve years.
But to give each '.,ember of the Board an equal opportunity to apply for re -appointment
at the end of six years, two years, and three years, remembering that the decision
is up to this Commission. If the Commission and the Planning Department and the
Zoning Department feel that that person has done a good job and they are satisfied
31
OCT 2 41978
111101 111111111 OME11111111111 11 IOW I II 111111111111H111011111110111111111111111101111
With it, that person should be allowed the opportunity to apply. When it comes
to this Commission you are the ones that say you're going to be appointed or
you're not going to be appointed, we may be appointed for one term --one year, three
years, or two years --and not be re -appointed. The only thing I am saying on this
part of the recommendation is to give each and every member equal opportunity. It'd
be the same, Rose, if the statute was set up that Rose Gordon could run for six
years, Father Gibson could run for eight, that would be discriminatory even though
Rose Gordon did just as good a job as Father Gibson. This is the way it would be
set up. And I think that that part was overlooked when this ordinance was put
together and having been on the Board, having been on the Board as long as I
have, Chairman for the past four years, I think Mr. Borja has been an asset to
the Board, I think he's been an asset to the City Commission and I think that
loosing him would not only be a detriment to the City Commission, it would be a
detriment to the Board. If a person is not qualified, he is not a man that sits
up there and talks for rhetorics sake, he is very astute, he is very intelligent,
he speaks to the record. He, and my job since I've been on that aoard, is to try
to move the Commission along, give everybody a fair hearing, an absolute fair
hearing, take close attention to what everybody is saying then make our judgement
independently based on what is best for the community and what is best for the
City. And this is what I want and I really do want that. 'think that I would
hate to see anything happen to our City. It's happening right now to Metro
and I would hate to see it happened to the City of Miami and you mentioned a while
ago that I was the only member of the Board that passed with all 5 votes and I'd
never forgotten that and I appreciate it with all my heart. I've tried to live
up to that responsibility but I feel now, I feel very sincerely, very deeply
about this that I think this ordinance should be revised the same as the other
ordinances are being revised to include these two recommendations. And I would
certainly appreciate the consideration of the Board in following through them.
Mrs. Gordon: Grace, I want to bring an example to your attention with regard
to owning property. I own a lot of property in Orange County....
Mrs. Rockafellar: I know that you do, Rose.
Mr. Plummer: I've got a suggestion....
Mrs. Gordon: Sit on their Board? Eh!
Mrs. Rockafellar: Sit on their Board.
Mrs. Gordon: Thanks, J. L., would be a...I'm trying to get
haven't help me enough.
Mr. Plummer: Tallahassee. I thought it was Orlando? Public Service Commission
meets where?
Mrs. Gordon: Tallahassee.
to Tallahassee, you
Mrs. Rockafellar: Rose, If you recall, I was invited to work on that Commission,
at the time was so involved and I had to apologize to you for not working on that
commission that created the board.
Mrs. Gordon: I know, and I wish you had because you would have seen the labor
that was undertaken to come up with a fair and reasonable and what I feel has
been a very successful ordinance and I believe that, again, with no reflection
on Mr. Borja because if he wants to stay on the Board all he'll have to do is
move back in the City and then he could stay on the Board because we have no ob-
jections to him, his honesty, his integrity or his ability but we have an objection
to anyone who is not living up to our ordinance and I object to changing the
ordinance just to accommodate anybody. Okay? You included, Grace. If you move out
of the City. I'd say "good-bye Grace, it's nice to have known you".
Mrs. Rockafellar: Rose, this is not accommodating one person. Now, this is where
we don't want the mistake to be made. It could happen to any member of the Board,
it could happen to any member of the Board. This is to amend the ordinance. Now,
we're not saying taking people out of Dade County, out of another state, another
city. Now, I was offered the job of sitting on the Dade County Planning Advisory
Board and I turned it down because my interest lies in the City of Miami. I think
we're the only two Boards in the whole Dade County, and I've checked this out with
a number of municipalities, that have so stringent requirements on them. I checked
with the Shores; I just checked with Coral Gables, I just checked with them last
Saturday at the seminar.
Mrs. Gordon: They won't let you sit on their Boards and live in some other place.
32
OCT 2 41978
Misr kockafeitat; I Baas Offered the job and 1 litre in the City of Miethi.. eeiid 1
do not live in any property of Dade County.
Mrs. Gordon: Yes, of the County because as a County Board Member you're a County
taxpayer, wherever you live in Dade County, so that's not the same thing. It's
entirely different.
Mrs. Rockafellar: And while I have the microphone I'd like to dig up something
else at this time. Now, this shows what the Miami Herald thinks, not only the
City Commission, this isn't the first time that this has happened, I think it was
the most scurrilous editorial lhave ever read and I think any member that agrees
with this editorial that where we're neither respected, neither needed and should
be abolished, owes it to that Board to resign. I personally feel that this Planning
Advisory Board has done an excellent job. We have given unselfishly of our time,
we have three people on that Board that are business people --Tony Smith, Isidro
Borja, Wally Silva. They have given unselfishly of their time to attend these
meetings, they sacrifice their business interests to attend these meetings during
that long comprehensive plan, eighteen months where we had many, many meetings
twice a week. During our zoning revisiol, and I've heard the very opponents of
the change of this ordinance say many times 'orinances are not cast in stone, they're
made to be revised to keep up with the date'. And I strongly recommend that this
City Commission changes this ordinance on those two principle things that if people
pay taxes, have large amount of property, own a business, contribute to the unemployment,
have a great interest in improving the City as far as employment is concerned, as
far as taxes are concerned, that that person whether it be Mr. Borja, whether it
be Mrs. Alexander, whether it be Tony Smith, or myself which I don't intend to do,
but if it were I think that we have just as vital an interest or more of a vital
interest than the people who just simply own a home and go down to the Planning
Board meeting. And I know this is your baby, Rose, I helped you put it accross,
I worked very hard to get this passed and I would certainly appreciate your consider-
ation I think it's only fair and I want to thank you.
Vice Mayor Reboso: Thank you very much, Grace.
Mrs. Gordon: Grace, do you know Herbert Lee Simon?
Mrs. Rockafellar: Pardon me?
Mrs. Gordon: Do you know Herbert Lee Simon? Herbert Lee Simon? Herbert Lee Simon
is a realtor, past President of the Board, attended all of the Planning meetings
that took place over that long year...lives in Coral Gables, owns enormous amount
of property in the City of Miami...accepted the ruling of the body --of the task
force that it was better for the interests of the City of Miami that the people
appointed to the Board live in the City. Now, that man was never appointed to
the Planning Board. Probably, he would have serviced very effectively but never
even was considered because he did not have the requirement of living in the
City of Miami.
Mrs. Rockafellar: Rose, you asked me a question, may I counter with another
question? How do you feel about a Head of Department that makes decisions....
Mrs. Gordon: About doing what?
Mrs. Rockafellar: ....a Head of the Department of the City of Miami....
Vice Mayor Reboso: A Director of a Department.
Mrs. Rockafellar: ....how do you feel about having heads of the departments, people
in high places in the City of Miami that make decisions that affect every citizen
in the City of Miami and does not live in the City of Miami? How do you feel
about that? Do you feel they should be treated with the same amount of "hold the
line" as you are trying to imposed on the two Boards?
Mrs.Gordon: All right, let me tell you how I feel about Department Heads with
specialized skills, okay? I feel, if they are replaceablewith someone of equal
skill within the City, I would prefer the resident of the City if....
Mrs. Rockafellar: But why have you said that about the Board?
Mrs. Gordon: Because there are many people of quality that can serve on the Board
who reside in the City, that's not the same thing. You're talking about a skilled
person, perhaps a director of a department who has gone through and has certain
degrees in order to be able to serve in that position that he has been.... okay?
33
OCT 2 A 1978
Theresa a Very fine man looking at be fight tow. His skills ate beyot d the tiotmh1,
you know, average skills. Certainly, you can't replace him just because he isn't
a resident or maybe he is, t don't know where he lives.
Mrs. Rockafellar: Well, in another words, in another words, you are taking two
looks, if you're a department head or if you are anybody but on the Board, it's
all right not to live in the City of Miami....
Mors. Gordon: I'm saying a specialized skill.
Mrs. Rockafellar: ....but if you are on the Board, and you are on the Board and
you are not making decisions that affect the City of Miami, you're strictly on
the Advisory Board, then you don't have the same privilage that somebody that
heads a department, that can live any place they want to and make.the decisions
that affect everyone of us in our daily lives. In other words, you're one way
on one side and other way on the other side.
Mrs. Gordon: No, Grace, I prefer the residents of the City of Miami if....
Mrs. Rockafellar: You prefer but you're not demanding, you prefer but you're
not demanding.
Mrs. Gordon: Grace, if I had my druthers... I know, we have a Manager who when
he moved to this community deliberately sought a residence in the City. Perhaps,
he could have bought a much nicer house, perhaps he'd have bought it for a lot
less money if he had moved out, but he did not. He felt, in respect to the
people for whom he is going to work, he would select himself a residence in the If
City and he resides in the City.
Mrs. Rockagellar: Well, that's fine but his predecesor did not live in the City
and he was the Manager of the City of Miami, his predecesor, Paul Andrews.
Mrs. Gordon: He worked for 30 years....
Mrs. Rockafellar: He did not live in the City of Miami. But what you're saying,
you want it one way for the Planning Advisory Board and the Zoning Board and
another way for all the other City officials. You say you would prefer to have
them live in the City but if they don't live in the City it's all right but on
the Planning Advisory Board and the Zoning Board you are insisting they stick to
the ordinance that's how many years old? Now if we can't revise that ordinance?
Mrsa Gordon: How many years old, Grace?
Mrs. Rockafel.lar: Six, five? All right, now if we can revise the other ordinances
and bring them up to date to net the times of the day why does this one ordinance
say you cannot modify it because I say they've got to do this? What about the
Commission, let's let the Commission vote on it. Okay? Thank you.
Vice -Mayor Reboso: Mrs. Eisenberg.
Mrs. Annette Eisenberg: Thank you. I've been at work since a quarter of eight
this morning, I have met with the C.D. Planning Task Force of the City of Miami
until after seven O'Clock, I came here, I'm tired too but I am a resident of the
City of Miami and I bring with you a resolution that was passed this afternoon
by the Little....
Vice -Mayor Reboso: Mrs. Eisenberg, please give your name and adress for the
record.
Mrs. Eisenberg: Oh, I'm sorry. Annette Eisenberg, 1180 N.E. 86 Street and a
resident of the City of Miami for 29 years. The Little River Commerce Association
resolved that the Little River Commerce Association, an organization composed of
merchants and residents of the Little River area of Miami, Florida vigorously
oppose any change in the residency requirements for membership on the City of
Miami Zoning Board and/or Planning Advisory Board to permit decisions affecting
the City of Miami be made by persons not residing in the City. I will not get
emotional, I will not take much of your time. Now I will speak as Annette Eisen-
berg. It is one thing to own property in the City, it is another thing to raise
your children in the City, to stay in the City not to escape to another municipal-
ity and to invite your guests into the City, to be proud to be a City resident.
I ask you not to change the ordinance. I ask you to leave it as it is.
Ms. Ophelia Tabares Fernandez: My name is Ophelia Tabares Fernandez and I live
at 1861 S. W. 36th Avenue within the City Limits for 18 years today.
Mr. Plummer: Happy Anniversary.
Ms. Fernandez: Thank you. I was a member of the Planning and Zoning Board at
the time of the separation of the Planning and Zoning Board into two different
boards. I work with different committees in charge of writing the new ordinance
and I perfectly remember that when it comes to the requirements matter it was
voiced that a group of people thought that it should be mandatory to be a resi-
dent of the City of Miami. Other people and many developers complained that they
had property in the City of Miami, real estate property and that they should have
a say in making the decisions. Other people were businessmen and businesswomen
who had businesses in the City of Miami and thaj also felt that they had the right
to have a voice in Planning and Zoning matters. As far as I remember the consensus
was that everyone who had a true and sincere interest in the betterment of the
City of Miami had the right to be a member of the Planning or the Zoning Board
and when I read the intent of the ordinance - and for me that's the important
part, I'm not here to defend anybody I'm just talking to Item 14. I think that
all legislation should be applicable in general terms and not to any specific
situation and the intent says it is intended that members and alternat members
of the Planning Advisory Board and of the Zoning Board established by this Chapter
shall be persons of knowledge, experience, mature judgement and background, having
ability and desire to act in the public interest and representing insofar as may
be possible the various social, demographic and economic elements of the City.
So it implies that the people representing and forming part of the Planning and
Zoning Boards should represent not only the demographic aspects, that's why it
completely rules out the district representation - it doesn't exist anymore -
but also should be representative of the various social economic elements of the
City and to that end the following procedure is set out in this article
And so it goes to the size of the board and it goes to the procedure for appoint-
ment and the standards of qualifications, Section 62-19, and it starts listing
them 1, 2, 3, 4, 5, 6 up to 9. None of them refer to any specific requirements
Of residence in the City of Miami. to fact, the way I read it and take into cone
sideration the intent and having been part of all those different comMittees,
not all of them but some of them, I honestly believe that the real intent is to
appoint persons who are really interested and who want to devote their time, and
believe me up to last year and even this year the moments I don't think can make
anyone to wish to be a a member of the Planning or the Zoning Board
as far as I am concerned and I think I speak for all the 14 members, all of us
consider this as purely a community involvement because I don't think anyone can
pay for night work outside of your regular job. In Section 62-19, and I would
say that just coming out of nowhere line 13 says "persons appointed shall be
electors of the City" without any other consideration, without any other relation=
ship to the rest.
Mrs. Gordon: I didn't hear your sentence, the one you read.
Ms. Fernandez: Line 13, it says, period and another line and only one sentence:
"Persons appointed shall be electors of the City".
•
Mrs. Gordon: That's correct and Ophelia, let me remind you that you were appointed
at the time that you were because you were a resident of the City of Miami and in
those very meetings that you referred to having attended, and I know you attended
quite a few I don't know if you attended all, I attended them all, I wish to re-
mind you that it was a very strong and overwhelming vote to make this elective
persons who reside in this city and are electors. In other words not even trans-
ients.
Ms. Fernandez: If I may, please, I don't think we are talking about transients
I think we are talking about persons who live not within the City of Miami but
have property in the City of Miami, own businesses which is not all real estate
property. I used to have a business within the City of Miami and I did not own
the real estate where my business was established and I think I had more right
than the absentee owner who actually lived in Spain and has lived there for more
than 30 years, you know to speak about the development of Coral Way. And if this
elector or resident judgement prevails I shouldn't be able to speak in the sense
of my own business interest which is absolutely necessary for us to do it.
And let me tell you, Rose, Commissioner Gordon, I don't want to go into personal
details, I was not first appointed because I reside in the City of Miami. commis-
sioner Reboso knows perfectly well that my first appointment was the consolation
prize for an appointment of the City Commissioners that I didn't get and Mr. Reboso
got.
Mrs. Gordon: And to remind you of who made you an appointment, it was me....
I respect you for that.
Ms. Fernandez: .... That's why I don't want to go into personals because I'm
not going here into personals because I'm not going here into personals, Mrs.
Gordon. I'm here because it is the way I believe, the way I talk every time and
the way I speak every time I speak out. I don't think the reason why I was appoint-
ed has anything to do with this item. I'm simply talking about the way I believe
is true and is fair. No one except Planning and the Zoning Boards have this type
of requirement. In fact, I don't even agree with the proposal presented by the
Planning Department. The City Commission instructed the department to come with
an ordinance or with a proposition with regards to all boards and the Planning
Department comes today with only recommendations for the Planning Advisory Board.
It's the way I read it here and in the analysis and in the background it says
that by Resolution 78-367 the City Commission directs the administration to pre-
pare recommendations on residency requirements for all City boards and committees
and the administration comes with a recommendation only for the Planning Advisory
Board. And I think that the proposed resolutions and legislation should apply
equally to everybody and I don't see any reason why the residency requirement
should be applied. The ordinance of the City of Miami makes the provision to make
alterations without any regard to any particular situation and I refuse to say a
simple word about any particular situation. I came here simply to speak on Item
14. The Planning and Zoning Boards are the only boards that have that requirement
and an ordinance should be written in a way that applies to all types of boards
that work for the City of Miami and I think the consideration of other types of
works that I've done for the City of Miami should also be taken into consideration.
And with regards to this article in the Miami Herald I'm still waiting to read a
letter from any member of the City Commission of the City of Miami to refute and
to argue what the editorial said, that the Planning Advisory Board should be elim-
inated. I think it speaks very badly against the City Commission.
Vice -Mayor Reboso: Should be what, Ophelia? I'm sorry, I cancelled my subscrip-
tion to the Miami Herald.
36
OCT k41978
Ms. Fernandez: I must admit that t read it first in Spanish and I thought it was
a mis-translation but no, I read it how in English and it is the same, that the
Planning Advisory Board should be abolished. So I think the Commission of the
City of Miami feels that the Planning Advisory Board should be abolished, I think
that is the right thing to do otherwise, and I'm sure that's not the way the City
Commission feels, I think it should take some public stand on that issue.
Mrs. Pat Keller: I'm Pat Keller, President of the Allapattah Community Association.
We don't want people who don't live in Miami to be on the Advisory Board of Miami.
We only want people on the Advisory Board who are willing to live with their deci-
sions. One of the major purposes of the Advisory Board is to preserve the zoning
ingetrity of the City of Miami. The human animal is by its very nature not that
altruistic and this is why it was required that a person must be a resident of
the City in order to be on the Advisory Board. You can rest assured I have two
businesses in Miami and if I didn't have a home my only interest would be in the
economy, how I could liberalize the zoning as much as possible to gain as much
money as possible because I'm a human animal. A dog doesn't mess where he lives
and the human animal will not mess up the zoning where he lives. If you allow
people who simply own property or simply have a business in Miami to be on the
Advisory Board you are not recognizing the facts. The facts are that no one cares
as much about an area as much as a person who lives there. Quite frankly, if I
didn't live in Miami I would have packed up and left long ago if it wasn't con-
venient for me to live in Miami because quite frankly it is this and other maneu-
vers that we have witnessed such as the rape of Allapattah that is being accom-
plished by people who don't live there. Are we now going to watch the rape of
the whole City of Miami by those who don't care to live with their decisions on
the Planning Advisory Board? Thank you. I'll see you all in court.
Vice -Mayor Reboso: Thank you very much. Next speaker?
Mr. Plummer: I have the feeling, Pat, that you feel that we have pre -judged this
matter. I don't know why I get that feeling.
INAUDIBLE
Mr. Plummer: But I don't know if I'm going to court for rape - if I've got to
go let it be that way, sweetheart.
INAUDIBLE
Mr. Plummer: Wait a minute now, whoa, whoa now. You're accusing me of rape but
you tell me you have a date.
Mrs. Keller: Right. (INAUDIBLE)
Mr. Plummer: Oh, all right.
Mr. Richard Rosichan: My name is Richard Rosichan and I live at 141 N.E. 45th
Street in the City of Miami. I am very concerned about this proposed ordinance.
I think that it is the worst ordinance that I have ever seen proposed by the City
Planning Department and I feel that it would open the doors to people such as
absentee landlords and developers and others that don't live in the City. Now I
think it is important to point out just how vital the two boards in question in
this ordinance are, namely the Zoning Board and the Planning Advisory Board. It
was mentioned by Mrs. Fernandez that these are the only two boards that have a
residency requirement and there is a good reason for this.
Mr. Plummer: No, that's not true, is it? Civil Service Board has a residency
requirement. Huh?
INAUDIBLE
Mr. Rosichan: I don't know if that's true or not.
Mr. Plummer: In other words the City Commission appointees have to be residents
but the employee representatives can be non-residents?
INAUDIBLE
Mr. Plummer: That's interesting.
Mr. Rosichan: Ok, I don't know whether that is true or not but if it is true
that these are the only two boards that have this requirement I can well under-
stand why because these are the two appointed boards that have by far the most
impact on the City and on the people in the City of Miami through their determin-
ations on major zoning decisions, through their creation and revision of
37
OCT 241978
IIIIIIIIIIiiiiIIIIIIIIIIIIIHDIIII IIuII IIiIII
11111111.1111111111 BIM
Comprehensive Master Plans through their revision of the Zoning Ordinance and
their in effect new Zoning Ordinances. The impact these two boards have on the
City over a period of time is of immense importance and it stands to reason to
the that because of this impact that this is sufficient reason to have such a re-
quirement to say that members of these boards ought to be people who live in the
City, who care about the City, who bring their children up in the City, who make
their homes in the City. I'd like to go through a number of reasons that I have
for opposing this proposed ordinance other than the ones that I've already men-
tioned. The deliberations of the Zoning and the Planning Boards of the City of
Miami affect all Miamians. Only a fraction of Miamians are property owners but
all Miamians live in the City and it is the people that live in the City that have
to live with the property that is in the City. It is the people that live here
that have to put up with whatever they have to put up with because of the nature
of the properties that surround them. The people that own the properties whether
they are residents or non-residents are presumably pleased with their properties
and are presumably making an adequate profit or an adequate investment income or
whatever from them otherwise they would presumably sell their properties. The
proposed ordinance does not offer any safeguards whatsoever against -absentee land-
lords, absentee slum -lords, developers and developer representatives, out of town
attorneys representing developers, etc. If you read the ordinance carefully you
will see that there are no such safeguards whatsoever in it and Mrs. Rockefeller
has just cited the integrity and the good intentions of this City Commission.
Well, we're not just talking about this City Commission we're talking about an
ordinance that will probably if it is passed be in affect for years or evern dec-
ades after every one of you have left the Commission. We are talking in effect
of the integrity and good intentions of future Commissioners who may not have even
been born yet and I don't know anything about their integrity and I don't know
what kind of people they might want to appoint to these boards and I see no reason
to trust their intentions. I don't know who they are or who they're going to be.
Now this proposal supposedly assigns a first priority classification to City
electors and a second priority to non-resident property owners but here again
there is no mechanism, there is no safeguard built into the proposal of enforcing
these priorities. The existing system of choosing appointees to these boards
would continue unchanged. Now comes one of the aspects of this proposal that dis-
turbs me I think the most and that is that this ordinance would be potentially
very discriminatory against both members of minority groups and also against non -
property owners. Now why would this be discriminatory against members of minority
groups and particularly against Latins? Latins make up approximately 50-55% of
the population of the City of Miami but only about 15% of the population of Dade
County so it stands to reason that future non-resident board appointments would
probably include a much smaller proportion of Latins that resident appointments
would simply on the basis of statistics.
Vice -Mayor Reboso: Richard, just a correction, it's 35.1% of Dade County, 545,000
out of 1.4 million.
Mr. Rosichan: I didn't realize that, I had read a figure in the paper last year.
Mr. Plummer: Please don't go by the paper.
Mr. Rosichan: Right. In any event it is still a considerably smaller percentage
and there is another aspect where I think potential discrimination could have even
more impact and that is that I think you will agree that fewer Latins and fewer
blacks tend to be property owners, the Latins largely because they have lived here
a shorter length of time on the average, the blacks largely because they don't
have as much money and only non-resident property owners would be eligible for
these appointments. So this also would tend to reinforce a discriminatory pattern.
I think it is important to bear in mind that this proposal would dilute the City
of Miami identity of these boards at a time when this City is fighting to maintain
its identity as a city against a very aggressive County -Metro government and against
a very hostile press as I think we have just seen in the past few days. And by
the way I think the whole point of that editorial is that the Herald will use any
excuse that is available to propose abolishing the City if not whole then piece
by piece and any available piece will do.
Mr. Plummer: I agree with that statement.
Mr. Rosichan: Now we come to the question of the legality of this proposed ordin-
ance, I'm not at all sure of the legality of this proposed ordinance under the
state legislation which mandated the existence and the setting up of Planning and
Zoning Boards. I think that the intent of the state was to provide that we would
have lay boards which would represent the people of the communities that were in-
volved and when you talk about the people of a community you're talking about the
people that live in the community. Let's look at Dade County. Dade County has
38 OCT 241978
has Planning and Zoning Boards, theyqe not proposing to let a non-resident prop=
erty owner from Broward or Palm Beach Counties, it is a perfectly analogous sit-
uation. t think this ordinance is inimical to the very nature of this Commission
itself. Now this Commission itself under the proposed Zoning Ordinance and also
under the as recently modified new Zoning Ordinance is itself a Planning and Zon-
ing Board of last resort and the City Commission itself not only requires its mem-
bers to be electors of the City, and this was brought out as a question before,
but it requires anybody who wishes to file to run for the City Commission to be an
elector of the City at the time that they file. Now the question was also brought
up by Mrs. Rockafellar of staff members and particularly of administrators and
department heads that don't live in the City. This is a whole different ball of
wax in my opinion. When you hire a skilled staff person particularly an adminis-
trator or a department head you're not hiring that person to make policy, you're
not hiring that person to represent the people as a board member you're hiring
that person for his or her skills, experience, abilities. You're hiring that per-
son because you feel that person can best do the job that needs to be done. I
don't think anybody really cares that much whether Mr. Reid or Mr. Mc Mannus or
even Mr. Grassie live in the City of not, I really don't care. I'm only concerned
with what kind of a job they do. But when you're talking about a board of people
to represent their neighbors it is a whole different story. Another question that
has been brought up has been the supposed lack of qualified persons who live in the
City to sit on these boards and I don't buy that. I think there are plenty of
qualified people to sit on both boards. There were plenty of people who took the
trouble to apply on their own for vacancies that occured on these boards last year
and there are plenty of people who apply for these vacancies every year and I think
there are many other qualified people who don't apply but who would be receptive
if they were asked to apply. Now I'd like to bring out for a minute my concern
about the way that this proposed ordinance was handled and was brought to the atten-
tion of the public or should I say was not brought to the attention of the public.
This ordinance was written up together with an inter -office memorandum dated
Septe.;,ber 27th, 1978, that apparently was the date that it was sent from the of-
fice of Mr. Reid to the Office of Mr. Grassie. The Planning Advisory Board met
on October 4th and we were not told about this proposed ordinance nor was it shown
to us although a week had already passed. The Planning Advisory Board met again
on October 18th and no mention was made of this matter until about 30 minutes
before the end of the meeting when in the middle of a work:;hop on marinas copies
of this were put down in front of us. There was no opportunity for discussion,
there was no opportunity for a vote, even a straw vote e.mong us, it did not appear
on the agenda. I think that the Planning Department is guilty of questionable
conduct in the way in which this matter was kept from the members of the Planning
Board and for that matter the way in which it was kept from the members of the
public. Now there has been some mention about personalities in this matter. I
couldn't care less about personalities, I really couldn't. If this proposed ordin-
ance came up and there was no case involving a specific individual I would be here
speaking against it and I would be saying exactly the same thing that I have just
said and I would speaking against it and saying the same thing that I have just
said, whether I were a board member or not a board member. It would make abso-
lutely no difference to me. I think that we're faced with an ordinance which is
potentially dangerous, discriminatory, possibly illegal and destructive of the
very identity of the City that we're all trying to preserve and to improve and I
hope that you will consider this matter very carefully and before you make a deci-
sion you will consider not only what will happen in the next year or the next two
years or three years if this is passed but what could happen ten years from now,
twenty years from now or even thirty years from now. Thank you for your attention.
Vice -Mayor Reboso: Thank you, Richard.
Mrs. Rockafellar: Mr. Vice -Mayor, if you would please indulge for just a moment,
I must correct two incorrect statements made by Mr. Rosichan. He talked about
discrimination for the blacks and the Latins and the minorities. Now Mr. Rosichan
wants to consider himself a member of a minority then we have five minority mem-
bers on our board compared to three other minorities. If he doesn't, if he wants
to go by the regular board then there are four minority members as opposed to three
non -minority members. This Commission has not been discriminatory in appointing
minorities and I will say this, that I think the minorities have contributed a
great deal to the benefit of the board. He made another statement that is quite
incorrect. He said there is a big difference when you hire people to come in and
take over, heads of the department, that they are not making decisions that affect
us. They most certainly are making decisions that affect us. I still go back to
the former City Manager who did not live in the City of Miami. How many more
decisions are made other than by this Commission than by the City Manager? So I
think it is discriminatory, you say here these two boards must abide owning prop-
erty, owning a business does not count, that does not count at all, they have no
say even though their livelihood is at stake in the City of Miami, the economy,
the character of the City is at stake. If we didn't have the business people in
the City of Miami, now I pointed cut in my opening remarks that this would not
39
OCT 241979
include out of state landlords, this would not include slum landlords. The big
developer:. are not interested in going on that board, they have their staff of
tremer:dous attorneys and they know that any decision we make is not a legislative
decision, it must come to you, this Commission. We are strictly an advisory board
and I wanted to correct those inequities because as far as discrimination is con-
cerned this City Commission has been bold in seeing that there is no discrimina-
tion and as I say, if Mr. Rosichan wants to consider himself among the minorities
then it is 5 to 3 in favor of the minorities. And I appreciate their ability, I
think they have contributed a lot and I'm very proud of the board. I still urge
you to amend it....
Vice -Mayor Reboso: Thank you very much, Mrs. Rockefeller. Mrs. Selma Alexander.
Mrs. Selma Alexander: Mr. Chairman, Vice -Mayor, everybody on the board, I haves,..
Mr. Plummer: Before you start, may I interrupt?
Mrs. Alexander: I will not say one word that has been said before.-
.
Mr. Plummer: I'm sure you won't. Mr. Vice -Mayor, you know we have now been here
for thirteen hours and I want to hear this through to its completion but I don't
want to sit here one more minute for the rest of the evening. Now, I would like
to know is there anyone hew on any other item besides this one? You're in-house.
Anything else? Mr. Vice -Mayor, I would suggest at this time since these people
are our people in a sense that we scrub the rest of this agenda for a later time
and let's hear this through to its completion but you know let's not put ourselves
through any more misery than we have to but let's make a determination now.
Vice -Mayor Reboso: Ok.
Mrs. Gordon: ...besides Selma, she's the only one we haven't heard from. We heard
from Grace twice and....
Mrs. Alexander: I think there are a few more people here that will have something
to say. I'm Selma Alexander, I live at 2323 S. Miami Avenue.
Mr. Plummer: Did I hear a determination?
Mrs. Alexander: I've lived there since 1941, for the record. I own property on
Brickell Avenue, I own property in Little Havana, but if -I didn't live at 2323
S. Miami Avenue I couldn't sit on this board because my concern would be with the
economic return that I'd get from these properties - very nice in Little Havana
and on Brickell Avenue. Okay? But I live there and I live with it so I am deeply
and utterly opposed to any change primarily because I sat for nine months on that
task force that dealt with all of these things. Now that's repeating it and we
came at this discussion long and hard and we made the decision that an elector is
someone who lives and votes in an area and that's what the ordinance says. Now
I have hear a letter that was passed on to me by one of my neighbors and he asked
me please to read it, you all know him, Dr. Jerald Ross. To the Miami City Com-
mission, City Hall, Miami, Florida. Members of the Miami City Commission (in the
interest of keeping this a little lighter, he says) "My name is Dr. Jerald C. Ross
and I reside at 1877 S. Miami Avenue, Miami, Florida. It has come to my attention
that the Commission is planning to introduce an ordinance allowing non-residents
who are property owners in Miami to serve on the Planning and Zoning Board. The
Planning and Zoning Board is an extremely important guardian that the residents
of our City look towards to protect and to keep our City harmonious with its best
interests. I submit that to allow a non-resident to help plan our community is
like letting a fox into the chicken house. Please do not erode what should be a
protector of our community, a city that has an ever increasing need for safe-
guarding." And then there were two ladies who came and had to leave, this was
early, and they expressed the same opinion and I have their names for the record,
one is Mrs. Margaret Hobbs who lives on Ingraham Highway in Miami and Dr. and
Mrs. J. T. Fennell who also live on Ingraham Highway in Miami and for the record
we can have that. Now I'm not going to speak to personalities I'm only going to
speak to just one thing. We art the creation that was mandated by the State Plan-
ning act. In other words we are the body that is to make, receive and transmit
the Comprehensive Plan and as such we do an exceedingly important job and I think
the importance can't be under -rated but it must be residents of the City of Miami
and that is all I speak to. I don't care about anybody, I don't care who he or
she is if they don't live here they don't vote here. I might remind you by the
say that Paul Young moved out of the City of Miami though he continued to own prop-
erty but he resigned from the board. Father, you do remember? Okay.
Vice -Mayor Reboso: Thank you very much. Next speaker, anybody else? Name and
address for the record.
40
OCT 241978
MM
MMMM
•
Mts. Marilyn Reed: My name is Marilyn Reed. I reside at 3183 Mac Donald Street
in Coconut Grove and like you, Commissioner Plummer, I want to make this short so
you can get out. You all know me as a civic activist in the Homeowners' Associ-
ation, Chairman for the Central Grove Homeowners' Association and other advisory
boards both state and local. I am opposed to any change in this ordinance, I
served on the advisory committee and what Selma just said, we did work many many
months, we hammered this out, we really did. It was tough doing it and there's
an old expression - I believe in dealing with an old established firm. Sometimes
change is not good. I believe in this case we should stick to what we have. I
would also like to concur with the resolution that Annette Eisenberg just offered
and the lady from Allapattah, I think they were well presented and Gloria Calhoun
who is President of Biscayne Bay Civic Association couldn't be here tonight and
she asked that her name be entered into the record for her organization agreeing
with my statement here in opposition to any change to this ordinance. We would
urge that it stays as it is. Thank you.
Vice -Mayor Reboso: Thank you very much.
Mr. Henry Alexander: My name is Henry Alexander. I reside at 3625 N. Bayhomes
Drive, Coconut Grove. I have been asked to speak tonight on behalf of the Coco-
nut Grove Civic Club. The Coconut Grove Civic Club does support the residency
requirements. Thank you.
Mr. Plummer: God bless you.
Vice -Mayor Reboso: Thank you very much, next speaker.
Mrs. Mary Lichtenstein: I'll make it very short and very brief. I'm Mary Lichten-
stein. I live at 888 N.E. 71 Street, Miami. I am completely opposed to any
change in the ordinance and I hope you do not change it here tonight. Thank you.
Mr. Plummer: You ain't getting my blessing, sit down.
Vice -Mayor Reboso: Anybody else? Mr. Borja.
Mr. Isidro Borja: My name is Isidro Borja and I live at 10021 S. W. 80th Avenue.
I have been debating with myself whether I should address this Commission, I can
not talk either for or against the ordinance so I will indulge the Commission to
let me just hear some err which in my opinion is hindering your voting as implied
by some publication that monopolistically handles this area. This publication
implied some few months ago, it began some kind of a campaign against my person,
a complaint that I really didn't care because at the time, and I still feel I
have nothing to fear or nothing to be ashamed of. We have a saying in Spanish
which is A pa n bn.as necLa5 o.Ldob zotdob which is to dumb and stupid words -deaf
ears. However, it came a point when last week this publication involved this
Commission directly with my own person and by echoing the opinion of one of the
members of the Planning Advisory Board it implied that there was some cahoots
between this Commission and myself because I quote, "You were trying to protect
me". Now it is because of this that I am here, not to talk for the proposed
ordinance, not to talk against that. I feel very proud of the job that I have
done in the four or five years that I served on the Planning Advisory Board and
I'm not going to talk about that because that's up to you. However, I must clear
the air that this publication, this multi -millionaire monopolistic publication
has implied that there exists any kind of protection between you people and my
person. And if there is any kind of protection, if we are like they call "friends"
then it follows that in the time of crisis when the chips are down the friends
rush to the friends and ask for advice, ask for help or whatever. Since you are
my friends I'd like to ask a simple question and I would start with you, Commis-
sioner Gordon. Have I, Commissioner Gordon, during the term of time that I have
served on the Planning Advisory Board ever approached you, contacted you, phoned
you in any way, manner or form to ask for help, advice and particularly in the
last two or three weeks have I even asked you for your opinion, Commissioner
Gordon?
WE, Cordon: Mr. Borja, no one implied that you did nor have t contacted you or
anyone regarding any of these matters. We are here to make judgement upon what
we feel is hest for the City not for an individual but what is best for the entire
City and you know what, Mr. Borja, I said before you have been a very good member.
Why don't you move back in the City and then you wouldn't have caused all these
problems, two hours of talk today.
Mr. Borja: No, don't miss my point. I'm not trying to make honest -to my person,
Commissioner, I just want to clear the air. I want to tell and go for the record,
and some people in that publication that has implied, and I want you when you vote
to be totally free of any supposedly cahoots - if that's the word, I'm not too
sure if that's the word. Reverend Gibson, have I, I repeat the question. Have
I done any of the things that I asked? No. Commissioner Plummer, have I come
to you for advise pressuring you to make sure that you could keep me on the Plan-
ning Advisory Board, sir? Yes or no, I just want a simple answer.
Mr. Plummer: The simple answer is no.
Mr. Borja: Ok. Vice -Mayor Reboso, have I done that to you, sir?
Mr. Reboso: No, but we are friends and we are going to still be friends regard-
less of the outcome.
Mr. Plummer: It's that dirty devil that sits in the center chair.
Mr. Borja: Let it stand for the record that we are not friends in the manner that
the Miami Herald has implied yet I consider you people my friends. But I think
that this should clear the air so that you people can freely vote on whether the
ordinance is good or not. I thank you very much for your time, I think you have
been subjected to the same type of operation that we are subjected to on the Plan-
ning Advisory Board - 10, 11, 12 at night so thanks very much.
Mr. Reboso: Thank you, Mr. Borja. What is the will of this Commission?
Mrs. Gordon: I propose that we deny this item.
Mr. Davis: No action would be necessary....
Mrs. Gordon: So that it does not come back to the board again though. We don't
want it back again in a couple of months or whatever. If we just take no action
is that sufficient?
Mr. Davis: It would not be brought back unless it is as your request.
Mrs. Gordon: Mr. Knox, no action then would then put this quietly to rest, is
that correct?
Mr. Knox: No action will represent the maintenance of the status quo.
INAUDIBLE COMMENTS FROM AUDIENCE
Mrs. Gordon: We only have one item that I know of.
INAUDIBLE
Mrs. Gordor, . We J i , we c•A„' t ,just take things like that. I would suggest to you,
Grace, it you have Nome kinde of amendments you feel that should properly come to
this (ormiaaio.r, von Mt.,.uJd t (Ay It to your board, have a full blown discussion,
came to thin c„u,u,l beton wit 1, e c ootwunandation and then the Commission would have
that for A to0Pla tric 04400440401Ji,1s.
INAUUI isl.t;
42
OCT 241978
r
MM
MM
MM
MM
1
•
Mrs. Glace Rockafellar: The only time * came before the City Commission repte-
tenting the board when I was requested to by every member but one member of the
Planning Advisory Board and that was on the pay raises. Every member was here
except two but I was requested to be their spokesman and to be here. I don't
impose my will on the board and I don't pretend to speak for the board, I speak
for what I think is right. But the second amendment that I brought out tonight,
I certainly hope that you would give some consideration to why you're on the sub-
ject, the discriminatory part of it for you to permit some members to apply for
eight years, some members only six, some members only seven. And I was in hopes
that whatever you did on the first amendment that this Commission would consider
the other and strike that discriminatory part where some members are allowed to
serve 8 years, some 7 and some only 6. Now that was the point that I'm trying
to bring out now and I would hope that the board would move on both amendments
tonight in fairness.
Mrs. Gordon: I'm not prepared, I don't even have a resolution let alone an amend-
ment to vote on regarding that other matter you're talking about. We have nothing
here on our desk at all. All we have is the one relating to the requirement for
residency, Grace. That's the only thing this Commission has.
Mrs. Rockafellar: Ok, I'll have it before you on the next Commission Meeting.
Mrs. Gordon: Again, I would like it to come with a recommendation from the Board
and if the Board is going to meet prior to the Commission it would be very nice
if you would bring it as a workshop item.
Mrs. Rockafellar: I've already checked this out with the Planning Director and
he says as far as ethical ability is concerned he thinks it is a very fair amend-
ment. You don't have to pass on, in other words as the terms come up, you don't
have to approve them it's just giving the members the option, each member the
option to have the opportunity to serve as many years as the other members do and
I think it is just a very simple matter of amending the ordinance.
Mrs. Gordon: Grace, this is not before us tonight and I think we should resolve
the one that is before us which is Item 14. Mr. Vice -Mayor, I would move you
that this item be denied so that the record would then reflect the feeling of
this Commission.
Vice -Mayor Reboso: Are you making a motion, Rose?
Mrs. Gordon: I make the motion, yes.
Vice -Mayor Reboso: That Item 14 will be denied. Any second?
Mr. Plummer: Well, I fail to see what is being accomplished.
Mrs. Gordon: It's ok with me if don't have any action on it if that is
to put it to rest, then we'll just put it to rest.
Mr. Davis: It was brought before the Commission at the request of the Commission,
it would not be brought back before the Commission unless you request it.
fir. Plummer: No action by this board is in essence the result is a denial of the
request.
Mr. Davis: That is correct.
Mrs. Gordon: All right, then the record reflects that.
Vice -Mayor Reboso: Any motion?
Mrs. Gordon: Not necessary, I've just been so advised.
Vice -Mayor Reboso: Well, J. L., Father, no motion? I think Mrs. Rockafellar had
a few very good points tonight, we have been very very unfair I think asking people
to live within the City and other people in policy making positions living in the
County. I think either we should revise the whole City or we will be in the posi-
tion of losing people like Isidro Borja that has been a tremendous asset to this
City for the past five years. I think it is unfair that only two boards I found
tonight, just tonight, that the Civil Service Board doesn't require that people
have to live within the City and that's my opinion. So with no action I think...
Father, do you want to say something?
Rev. Gibson: Mr. Vice -Mayor, I want to make a comment. I don't know how many
of us remember it that the Mayor offered some time ago to change the requirements
43
OCT 24 1978
iui■i■ii■iiiiiuiiii
•
foc a1.i of the people who not only serve on boards but who work for the City. How
many of you remember that? Mr. Grassie, you weren't here, you were spared. And
Mx. Grimm, you remember, you were spared. I said well, you are dealing with the
pocketbooks of these people and I let those who now live out there get by but all
those who come after today had better start living in the City. Do you remember
that? How many of you remember that? Oh I see, you don't want to remember that
but you ought to remember that because you know it was a great deal and the Mayor
was going to push us all, push our backs to the wall.
Mrs. Gordon: Yes.
Rev. Gibson: I, you know I don't want to say I was a prophet, I helped to spare
you. I spoke out vigorously so I question how you're going to make these people
sell their homes and move back in ... Remember all that, Mr. Davis?
Mr. Davis: I remember hearing about it, I wasn't here at that time.
Rev. Gibson: Where were you?
Mr. Davis: I wasn't at the Commission Meeting.
Rev. Gibson: No, listen to this. You were working for
Mr. Davis: Oh surely.
Rev. Gibson: Oh, so I know you heard it.
Mr. Davis: Oh yes, I did.
Rev. Gibson: Oh yea, that went around. Sure! Now, all I'm saying is you know
I hope you all are cognizant of what you're about to do - stir the hornet's nest.
If you start going you know you may end up - the Mayor, you'd better thank God
he isn't here tonight because he may be asking for everybody to move into the
City. Do you remember that, Plummer?
Mr. Plummer: Oh, I remember it.
Rev. Gibson: Oh yea, I just put that on as I hope that's the sobering affect and
that you will go home, read, mark, learn and inwardly digest and pray. Okay?
Because I'm not adverse to maybe thinking with the Mayor. You know? If you're
going to do it one way you ought to do it. Serious.
Vice -Mayor Reboso: Well, next item.
Mr. Grassie: I believe, Mr. Mayor and members of the City Commission that if we
can take five minutes on two items we would like to give these two reports to you
simply because they are relatively long.
Mrs. Gordon: Excuse me, Mr. Manager, for interrupting you but there is a resolv-
ing of this situation, I'm sure the rhetoric here tonight wasn't for vocal exer-
cise. What do we do now? If this has not changed we have avember who is not
legally entitled to sit on the board, what does this Commission do?
Mr. Davis: I don't think it has been determined that it is an illegal sitting of
the Board because the law reads exactly that the appointment, when the appoint-
ment is made he shall be an elector. It doesn't fully state that he shall remain
an elector, it may imply that but it is very - let me read ....
Vice -Mayor Reboso: Bob, does that mean that everybody cannot....all the decisions
of the Planning Board?
Mr. Davis: Let me read it exactly. "Persons appointed...."
Vice -Mayor Reboso: For the past five years?
Mr. Davis: "Persons appointed shall be electors of the City." Mr. Borja was an'
elector of the City when he was appointed.
Mrs. Gordon: You are reading that in a very peculiar manner.
Mx. Davis: I'm saying his term expires at the end of this year too. Now your
question I think is rather clear as to whether or not you could reappoint fir.
ENE Borja. I think the answer from the Law Department would be absolutely not,
mom
44
OCT 241978
rifs. Gordon: Mr. Knox, do you concur with Mr. Davis' interpretation of the
ordinance? 1 think he makes a poor attorney, I wouldn't hire him.
Mr. Knox: No, the ordinance provides that persons who serve on this board "shall
be electors of the City.
Mrs. Gordon: Not just at the time of appointment and then withdrawing.
Mr, Knox: Right.
Mrs. Gordon: So you see, Mr. Davis, you are not my attorney any longer.
Mr. Davis: All right.
Mrs. Gordon: Ok, so what is the procedure then, George, what do we as the Com-
mission have to do or not do? What procedure must be taken to free up the posi-
tion?
Mr. Knox: The ordinance also provides that board members may be removed for
cause after written notification and an opportunity to respond to the charges
of the notification so that the procedure would be that any individual who is
not entitled by virtue of our ordinance to be on the board should be notified
of that fact in writing and given an opportunity at a public hearing to defend
those suggestions at which time the City Commission will make a determination.
Mrs. Gordon: Well, who does the writing, the Manager? Who?
Mr. Knox: The administration could draft a letter indicating that an ordinance
is in violation. Of course, we could draft the letter but the signatory would
be a person within the City who would have the jurisdiction of bringing the
question to you which would likely be the City Manager.
Mr. Grassie: We'd be happy to carry out whatever the will of this body is in
that regard. The person in question obviously is an appointee of the City Com-
mission so that normally we would not initiate removing one of your appointees
without getting some policy direction from you but if you determine that that is
what you want to have accomplished it can be done very readily.
Mrs. Gordon: Well, you know the term expires at the end of December?
Mr. Davis: Yes, ma'am.
Mrs. Gordon: Ok, I don't know how many meetings are going to be held in the
month of November.
Mr. Davis: There is going to be one meeting in November and one in December.
Mrs. Gordon: It appears to me then that it will just expire by itself before
this Commission could even bring about a hearing so to speak. I don't know.
Rev. Gibson: Mr. Vice -Mayor, I guess I want to eat my cake and have it too.
My first reaction would be to say to a man, say look, you are in violation. I
think charity would say, and I don't think the man's performance has been that
I doubt he'll be coming to do anybody any harm. I would much rather see us let
the time run out, as you were about to say would be a polite and charitable way
to do it and then we ought to be able to say to every person who is sworn in
from now on, say please understand when you are appointed the day you are no
longer an elector of this City within ten days you are automatically considered,
you know you ought to go. Maybe the clergy in me makes me think about charity,
I mean that man doesn't need to be on the board, by that I mean there's no fin-
ancial gain to him but I think there is a way to treat people when things happen
and maybe I am, maybe that's too much of the clergy in me.
Mrs. Annette Eisenberg: Father, may I just direct a very short statement?
didn't use personalities because I really don't....
Vice -Mayor Reboso: Your name and address for the record, please.
Ms. Eisenberg: I'm sorry, Annette Eisenberg, 1180 N.E. 86 Street. I don't know
the gentleman I know the case in point. Father, you're being very charitable
but I think it is more the integrity of the City of Miami that is at stake right
now. I think that the Commission has to take a stand and go by that stand. One
month or two months will make no difference - it is wrong. When the gentleman
moved out of the City of Miami that's when he should have resigned. Perpetuating
this wrong does not add to the dignity of the Commission or the dignity of the
City of Miami. You're not going to tell a convict, well I'm going to let you
out today but, you're in jail today and in two months I'll let you out - and I
know that is a bad comparison. However, the City of Miami's integrity is at
stake. Take a stand, it's wrong, it's wrong, do what's right to air this wrong.
Mrs. Gordon: You're absolutely right, Annette, there is nothing that the City
Commission wants to do more than to expedite this matter. The problem is how to
expedite it and cause it to take place prior to the end of the year which is the
termination of the appointment.
Mrs. Eisenberg: Well, I happen to think from all the nice things that were said
About this gentleman that he probably would resign if that was the will of the
City Corrnnission. If he doesn't then I would be very disappointed in all the Bice
things that were said about him.
Ms. Ophelia Tabares Fernandez: My name is Ophelia Tabares Fernandez, I live at
1861 S. W. 36th Avenue and I agree with her. Once the Commission takes a stand
you have the duty and the moral duty to go all the way. That's the way I feel.
Mr. Plummer; Well hell, let me tell you, you know where did we get this high
priced sophistication where I'm against it or I'm for it or I'm against it, we
lost something and we take hours to do it? You're all wrong. It is not the
obligation of the City Commission it's the obligation of the City Attorney to
inform the individual involved of what the law is and that's it - amen. Now let's
go home.
Mrs. Gordon:
Mr. Plummer:
him.
Mrs. Gordon:
Mr. Plummer:
Mrs. Gordon:
Mr. Plummer:
INAUDIBLE
Mr. Plummer:
Ok, is it our duty to tell tell the City Attorney then....
If I've got to tell him to do his job then I'm not going to pay,
George, you've been so instructed to notify the person.
I'm not instructing him he knows what his duties are.
In writing, Ok.
Just don't send a telegram it's too damned expensive.
Who?
Mrs. Rockafellar: IINAUDIBLE) Mr. Borja, we don't appreciate what you have done,
you're no good, get out. I don't know why you didn't take that position, evident-
ly that was the position of some of the members of this Commission. Appreciation
for past work is ignored, let's lister. to a few people that say this ordinance is
written in stone, it's not going to be changed, it's the only ordinance on the
books that's not going to be changed to satisfy a few people. Why don't you just
tell him while he was talking at the microphone, "Look kid, you're out, scram".
Mr. Plummer: Do you know why we didn't do it, Grace?
Mrs. Rockafellar: Well I'm surprised that it wasn't done.
Mr. Plummer: Because it's not true.
Mrs. Rockafellar: Well, this is the consensus that I sit here and listen to from
this Commission.
Mr. Plummer: Grace, that's your opinion, you're entitled to your opinion.
Mrs. Rockafellar: I hope so that's about the only thing I have left that I'Mn
entitled to I guess.
Mr. Plummer: You're entitled to your opinion.
Mrs. Rockafellar: But I think it is being handled very badly, very rudely, very
vendictive and that's also my opinion and I thank you.
Mr. Plummer: You're entitled to that and I'll always defend your right to your
opinion.
46
OCT 241978
•
V.icenMayor Reboso: (INAUDIBLE)
Mr. 'lummet: What?
Vice -Mayor Reboso: (INAUDIBLE) maybe i disagree with what you say but I wonit
...(INAUDIBLE)
Mr. Plummer: People can disagree but they don't have to be disagreeable.
:11, SECOND READING
ORDINANCE:
ti
AN ORDINANCE ENTITLED-
H5NGE ZQNING 'CLASSIFICATION
TO . KK
1500 N, W, 16TH AVENUE
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZON-
ING CLASSIFICATION OF LOT 1, BLOCK 2, SOUTH ALLAPATTAH MANOR
(16-6), AND LOT 43, BLANTON PARK (9-58), BEING APPROXIMATELY
1500 N.W. 16TH AVENUE, FROM R-3 (LOW DENSITY MULTIPLE DWELLING)
TO PR (PUBLIC PARK AND RECREATIONAL USE DISTRICT), AND BY
MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE
A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT,
AND CONTAINING A SEVERABILITY PROVISION.
passed on its first reading by title at the meeting of September 28, 1978, was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Gordon, seconded by Commissioner Gibson, the Ordinance was
thereupon given its second and final reading by title and passed and
adopted by the following vote -
AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Vice -Mayor Reboso.
NOES: None.
ABSENT: Mayor Ferre.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8871
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.
47
OCT 241978
12, SECOND READING
ORDINANCE:
AN ORDINANCE ENTITLED -
CHANGE ZONING CLASSIFICATION
R-1ToGU
4101 N, W, 7TH STREET
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING
CLASSIFICATION OF NORTHERLY 1 OF 20' PUBLIC ALLEY (PROPOSED
TO BE VACATED) LYING NORTHERLY OF LOTS 9 AND 10, BLOCK 3,
WHI'IHEAD AND BLAIR SUB (44-78), BEING APPROXIMATELY 4101 N.W.
7TH STREET, FROM R-1 (ONE FAMILY DWELLING) TO GU (GOVERNMENTAL
USE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT
MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT,
AND CONTAINING A SEVERABILITY PROVISION.
passed on its first reading by title at the meeting of September
taken up for its second and final reading by title and adoption.
motion of Commissioner Gordon, seconded by Commissioner Plummer,
thereupon given its second and final reading by title and passed
adopted by the following vote -
AYES: Mrs. Gordon, Rev. Gibson, Mr. Plummer and Vice -Mayor Reboso.
NOES: None.
ABSENT: Mayor
Ferre.
THE
13, SECOND READING
ORDINANCE:
AN ORDINANCE ENTITLED -
ORDINANCE
WAS DESIGNATED
ORDINANCE
NO.
28, 1978, was
On
the Ordinance was
and
8872.
AMEND ORD, 6871 ARTS XI-4 8 XXVIII
NEW LIST OF PERMITTED USES„
AND CONDITIONAL -USES IN 1(-CC AND TO
ADD USES
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING SECTION
2 OF ARTICLE XI-4, RESIDENTIAL OFFICE R-CC DISTRICT TO PRO-
VIDE A NEW LIST OF PERMITTED AND CONDITIONAL USES; AND TO
ADD PROVISIONS FOR EXPANSION OF NON -CONFORMING USES PER ART-
ICLE XXVIII, BY ADDING NEW PARAGRAPHS (m) AND (n) UNDER ART-
ICLE XI-4, SECTION 2, SUBSECTION 5; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY
ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION.
passed on its first reading by title at the meeting of September 28, 1978, was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Gordon, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and
adopted by the following vote -
AYES: Mr. Plummer, Mrs. Gordon, Rev. Gibson and Vice -Mayor Reboso
NOES: None.
ABSENT: Mayor Ferre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8873.
The City Attorney read the above ordinances into the public record an
announced that copies were available to the members of the City Com-
mission and to the public.
OCT 241978
FIRST READING
ORDINANCE:
AMEND nRDINANCE 6871, ARTICLE VIII
ADD PROVISION FOR REDUEI'NG LOT AREA
REQUIRED PER DWELLING UNIT FOR HOUSING
FOR THE ELDERLY IN M-4
Mr. Davis: Item 10 is a provision much like you passed once before for amending
the lot area required per dwelling unit in R-5. Both Items 10 and 11 correct
the ordinance as to allowing the extra number of units....
Rev. Gibson: Because you won't need the number of cars and all of that?
Mr. Davis: This doesn't have to do with the cars this is just the number of
units for the elderly as a conditional use.
Mr. Plummer: Wait, I've got a problem with this. Let me understand. Rose, lis-
ten to this now. Bob, let me put into the record, you know what we've done in
the past is we have reduced the required number of parking spaces but we have
made them leave that in grass area in case in the future that more parking was
needed or required that they didn't have a building there. Now if this is not
doing that I would have a problem.
Mrs. Gordon: The problem perhaps is the fact that if at some point in time this
was sold to some other user than the original user you would be stuck with a
piece of property with insufficient parking.
Mr. Whipple: May I respond to both.of those comments?
Mrs. Gordon: Go ahead.
Mr. Whipple: Commissioner Plummer, there is no relaxation of the Floor Area, the
lot coverage, the set backs, all the other controls, all this affects is the den-
sity, number of units, maximum number of units that are permitted which answers
your question. (2) With respect to the open spaces and things of that nature,
this provision pursuant to the definition of housing for the elderly requires
that if there is a change in occupancy at a later date from the elderly status
that they must conform to the requirements.
Mr. Plummer: You know Dick, you've been around for a long time like I have and
let me vividly bring to your memory what happened to us in the Jackson Memorial
Hospital. Every damned time they wanted to build at Jackson Hospital it was con-
venient to build it in a parking lot. Remember?
Mr. Whipple: Yes.
Mr. Plummer: Every time they came before this board they built something in a
parking lot. You know what finally happened? I'll tell you what happened. Your
taxes and my taxes had to build a 1,500 car garage because it was convenient to
build all of their new structures in parking lots. Now I don't see where this
has been any problem, I can't recall of one time where this Commission has denied
the waiver to reduce the number of spaces but still retain the protection of not
allowing buildings, additional buildings to go on that piece of property and I
just don't see any need for change.
Mrs. Gordon: Yes, I think you're right. Let me ask a question, Whip, why are
you bringing this up now?
Mr. Plummer: (INAUDIBLE)
Mr. Whipple: Yes, I'm on that list of about 4 or 6,000 applicants for public hous-
ing in some form or another particularly the elderly housing. There is a great
shortage of elderly housing. We are suggesting that by this relaxation maintain-
ing the bulk controls, all the other regulations that would normally be required
that we can encourage the private sector to enter in on a profitable basis or a
reasonably near profitable basis and provide some of this elderly housing need.
Now we did amend the R-5 zoning district, we reserved any limits to the R-c and
the R-4 because we wanted to give more thought to it. We have discussed it with
Dade County Housing and Urban Development, they don't have an'iumediate need for
such a provision now but they forsee in the second phase of housing that they're
currently working on that such an amendment would be of assistance in providing
some of these needed units.
49
OCT 2 41978
Rev. Gibson: Since I made the motion let me ask this: I don't think we have
ever denied that.
Mr. Plummer: We never have.
Rev. Gibson: Maybe I want to take that motion back and I promise you wheneVet
they come in need you have my vote before you even ask. I just want to prevent
that other guy from slipping in there.
Mr. Whipple: Let me just add one comment. We have the first, we hope it will
be out of the ground soon, the first private elderly housing project coming out
of the ground pursuant to the previous amendment that we have in the ordinance
now in the R-5 zoning district. That's an encouraging effort.
Rev. Gibson: Well, sir, I'll even if he's private I'll go with him. I just want
to prevent that guy who doesn't plan to do the right thing, even trying to do it.
Do you know what I mean? And when he comes he'll have to tell us a good lie and
fool all of us.
Mr. Davis: Well, if I understand you Commissioner Gibson, you're suggesting
perhaps that we wait for variances on this sort of thing?
Rev. Gibson: Yes, sir.
Mr. Davis: The way the law is written this is something that the variance can-
not be obtained on.
Mr. Whipple: The only way we could achieve this is through changes of zoning.
Mrs. Gordon: Yes. Let me ask you a question. Would this cover more lot coverage?
Mr. Whipple: No, ma'am, lot coverage, floor area ratio, set backs remain the
same as they are right now.
Mrs. Gordon: Maybe we could look at this more objectively then Father, look at
it this way - what he's saying is that the bulk of the building, everything you
lock at from the outside is the same but inside they're smaller units because
there are a lot of single elderly people who want to live alone.
Mr. Whipple: That's precisely the point.
Rev. Gibson:
I'll buy that.
Mrs. Gordon: And I really think we have to do something like this because there
are very few pieces of property still available where you can put units up for
elderly people.
Rev. Gibson: I'll buy that only because if I'm going to rent I would rent accord-
ingly and I wouldn't pay them as much as I pay the man over here for the use....
Mrs. Gordon: J. L., this is not going to cause more bulk it is not ....
Rev. Gibson: I keep my motion.
Mrs. Gordon: Yes, it's a first reading anyway, if you should change your mind
by the second reading....
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCENO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE VIII, MEDIUM
DENSITY MULTIPLE R-4 DISTRICT, SECTION 1, BY ADDING TO SUB-
SECTION (9) A PROVISION FOR REDUCING THE LOT AREA REQUIRED
PER DWELLING UNIT OF HOUSING FOR THE ELDERLY, THEREBY ALLOW-
ING A GREATER DENSITY, AND BY MAKING THE NECESSARY CHANGES IN
THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871
BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF;
BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Gibson and seconded by Commissioner Gordon
and passed on its first reading by title by the following vote -
AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Vice -Mayor Reboso.
NOES: None.
ABSENT: Mayor Ferre. 50
OCT 241978
•
the City Attorney read the ordinance into the record and stated that copies
had been furnished to the commissioners and that copies Were available to the
Public.
ON ROLL CALL:
Mr. Plummer: I'll tell you I'm going to vote yes but I reserve my right to change
that vote on the second reading.
AMEND ORDINANCE 6871.-.-ARTICLE XI
15, FIRST•READING ADD PROVISION FOR REDUCING LOT ARE
ORDINANCE: REQUIRED PER DWELLING UNIT EOR
HOUSING FOR THE ELDERLY IN K-(,
Mr. Whipple: Item 11 is the same as the previous one except it applies to the
R-C District.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE XI RESIDENTIAL
OFFICE R-C DISTRICT, SECTION 1, BY ADDING TO SUBSECTION (2)
A PROVISION FOR REDUCING THE LOT AREA REQUIRED PER DWELLING
UNIT OF HOUSING FOR THE ELDERLY, THEREBY ALLOWING A GREATER
DENSITY, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFER-
ENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY
REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT; AND CONTAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Gibson and seconded by Commissioner Gordon
and passed on its first reading by title by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Vice -Mayor Reboso.
NOES: None.
ABSENT: Mayor Ferre.
ON ROLL CALL:
Mr. Plummer: The same proviso as before, I vote yes.
The City Attorney read the ordinance into the record and stated that copies
had been furnished to the commissioners and that copies were available to the
public.
CITY OF MIAMI PLANNING DEPARTMENT
CAPITAL IMPROVEMENT PROGRAM
Vice -Mayor Reboso: Item 15.
Ma. Grassie: We know that all of your are anxious to get home so we're only going
to take 5 minutes on each of these two items. I'm going to ask Jim Reid to intro-
duce Item 15.
Mr. Reid: I would say very quickly, Commissioner Plummer, that that is not the
printed edition this is simply a xeroxed version for your information at this
point. I'm going to cover it very quickly, this is the work session on the Cap-
ital Improvement Program. We will hope there will be a public hearing scheduled
on the Capital Improvement Program on November 9th and there will be a work ses-
sion with the Planning Advisory Board on November 5th. The two actions that we
hope to have the Commission take on this program are to adopt the Capital Improve-
ment Program in principle. It is a six year program embracing 175 projects at a
cost of about $243,000,000 and to approve an appropriations ordinance for the
Capital Budget which includes 65 projects valued at $27,930,000. The map which
is in the pocket of the program in the back lists all of the 6 year projects and
depicts and describes them in terms of the type of projects and their geographic
location in the City. In addition to the Capital Improvement Program document
51 ocT 2 41978
Which you can see is quite voluminous, we have prepared an executive summary
Which is also in the pocket of your document that can be made available to the
Public for shorter reading of what the main information is that would be avail-
able in the overall Capital Improvement Program. I would call your attention
trery quickly to just several pages and features of the document, the letter of
transmittal, of course, from the Manager summarizes the document very succinctly.
On page 14 it shows a list of CAP projects that were completed last year and,
therefore, dropped out of the program. on page 18 to 42 it lists for the first
time the relationships of our projects to the overall plans and policies of the
City. On page 95 there is a very detailed list of project descriptions for the
175 projects and that is I think key information in the Capital Improvement Pro-
gram. With respect to this Capital Budget on page 170 there is the status of
last year's Capital Budget, how did we do on the $59,000,000 that was appropriated
last year and it shows that 93% of those projects are now under way. There is
a complete list of the Capital Budget projects on page 175 and finally I'd like
to call your attention to the Capital Improvement Fund allocation, that's the
PP & L fund allocation on page 181. This is the only unearmarked source of funds
in the Capital Improvement Program opposed to bond issues and federal grant dol-
lars and so forth and as you can see it is very much in demand. I'm accompanied
tonight by Pearce Eichelberger, a Special Projects Division Chief and Cindy Romain
who did a lot of work on this program.
Mr. Plummer: Who are they? Do they work for us?
Mr. Reid: They work for the Planning Department, yes, and they are responsible
for this document in bulk. And I'll be glad to either tonight or on the 9th or
anytime in between to further answer the questions of the Commission. I think
you'll find it a step forward in terms of our Capital Improvement Programming
process. It is going to the Planning Board on November 1st and back to the Com-
mission on November 9th.
Mr. Grassie: Unless the City Commission wants to ask questions at this time we
would simply leave the document with you. I know that you don't want to take a
lot of time to get into the details, it is going to the Planning Advisory Board
and we'll come back to you. If you would like we can move then right on to the
last item or your agenda which is Item 16, the Comprehensive Marina Development
Study.
•
17, PRESENTATION:
•
CITY OF MIAMI PLANNING DEPARTMENT
COMPREHENSIVE MARINE DEVELOPMENT
STUDY BY GREENLEAF/TELESCA
Mr. Jim Reid: I'd like to open that one up very quickly, here tonight are John
Greenleaf, President, Bob Bentley Project Director and Bob Tangle from the firm
of Greenleaf Telesca, you may remember that in July you entered into a contract
for a $15,000 study on the development potential for marinas in the City. Taking
a lead from the direction of the City Commission we are coming to you at a mid-
point in the study to talk about how 35 potential sites have been narrowed down
to be actually 10 potential sites in terms of a further look at the program and
we would like to array these to you tonight and get your comments. I'll turn it
over to Bob Bentley of Greenleaf/Telesca.
Mr. Bob Bentley: Ladies and gentlemen, since we are cutting our presentation
short I have made an outline so what I'll do is the first part of the presentation
I'll just gloss over and give you a copy of our outline that you can review. We
have gone through an inventory and reconnaisance of 35 sites. We through an eval-
uction process have pretty much gelled the site selection down to 3 basic groups,
the: third group being those sites which have extremely limited potential as far
as marine development but it could be utilized as a destination point for some
other marina activities. The second group would be a couple of sites that would
relate to some storm protection potential for mooring of boats primarily up the
Miami River at some point. The first group we've identified is potentially nine
sites that we feel have potential for some type of marine development, marine
activity. The three, I'll group three together, site #1 which is at Dinner Key,
and Bob, you can point these out as we go along, the site #3 which is Miamarina
and site #5 at Watson Island. Currently the City is in the process of reviewing
proposals for the development and operation of the Dinner Key/Miamarina sites and
there is also a private proposal for Watson Island as a theme park which also
includes marina development at that site. In essence we have some recommendations
we'll be coming up with regarding these three sites and in discussions with the
Planning Department we feel that possibly this input may be of some benefit in
52 OCT 241978
the negotiations fot the development for these areas. Aside from that we have
Site 1-A,the bavid Kennedy Park which we feel would be appropriate for a junior
tailing club type of activity; Site #6, the Margaret Pace Park which we feel would
he appropriate for the development of ramps and possibly some water type of boat
storage at that particular location. Site #7, Magnolia Park has the potential
for some marina development, that would require a breakwater, however, due to
the rough waters that generally exist in that particular area. Site #10 which
is Legion Park would have some limited development potential primarily with add-
ing some additional ramps in that area but that would be basically the extent of
that development. Site #11, Virginia Key, there is really two areas we've iden-
tified with Virginia Key, one being on the northwesterly area of Virginia Key
which we feel has tremendous potential for repair and service, a boat facility
on a more commercialized basis and then on the other side of Virginia Key in the
northeasterly direction has lino ted marina potential in that area. Then the
other site is Site 14 which is at I-95 and 4th Street, there is an area under-
neath the expressway with some waterfront exposure that we feel would be extreme-
ly desirable from a dry -boat storage standpoint. The City is also considering
the development of a park in this area and possibly this dry boat storage con-
cept could be worked in with the rest of the park design concept. I know it is
late and so really what I'd like to say, we have made these presentations in
detail to the Planning Advisory Board and to the Marina Development Advisory
Committee and we have received some excellent input from them which we will incor-
porate into the study as it goes on and is completed. We would be looking to
meet within the next week with the Planning Department to resolve any input the
Commission may have and the various advisory committees and boards and then we'll
be proceding with the next phase of our project, of the program, which will be
the development of more detailed development concepts for the particular sites
that we have selected. So in the interest of being brief I'll open it up to ask
if you have any questions or comments or so forth at this time.
Mrs. Gordon: If the hour wasn't so late I'd have some but I'll pass tonight.
Mr. Bentley: Well, we had a three hour presentation so we cut it down to five
minutes.
Mrs. Gordon: Ok, we'll listen to it next time.
Rev. Gibson: I see the men who are interested in boating, have you all seen this?
Have you all seen what they're talking about, have you had an opportunity to see
it? -
Mr. Dick Briggs: I have not personally seen it but members of the Marine Council
are on the Advisory Committee that has been referred to so we're keeping on top
of this. But I have not personally seen it myself, no.
Rev. Gibson: Well, let me ask, are they going to be given an opportunity to kind
of look?
Mr. Fosmoen: Yes, sir.
Mr. Grassie: Oh yes.
Mr. Bentley: Yes, definitely, we'll be working closely with....
Rev. Gibson: I'm like Plummer, since I don't know too much about boats (INAUDIBLE)
Mr. Reid: I would like to call the Commission's attention and maybe close with
there are four policy concerns that have surfaced so far. One is with the affect
of Legion Park that's essentially been a park for the elderly and there is a con-
cern that any new level of activity there might disturb that function. The sec-
ond is with Margaret Pace Park that it is a park in which we anticipate consider-
able population development in the future in the Edgewater area. So can we ac-
comodate both marinas and the expected population development in that area. And
Virginia Key particularly with respect to the site for the marine industrial which
we do need to identify additional sites for there is a concern about the environ-
mental constraints in locating there, there are mangroves and sea grass and that
kind of thing in the area and there is one more that had a ---. But in the Latin
Riverfront Park what we're talking about is potential marina use on the additional
land that would be picked up under the expressway from the State Highway Depart-
ment and from the School Board, their old school site that they're not going to
use and the question is can the marina function, be dovetailed with what the com-
munity expects from that park and not conflict with the expectations that have
been long standing with the community. So I think those are the major policy
concerns that we have identified that have to be resolved in the context of further
study.
53
OCT 2 0978
NtUDItait
Mr. tteid: f bm hot, kit, I thought it would be useful to raise thats
INAUDIBLE
Mx. Plummer: (NOT USING MICROPHONE) You know if I listen to that I'M going to
go punch the Mayor right in the nose, if I went down to that school board to
fight for that piece of property to put dry boat storage on it I'm going to punch
mi that Mayor right in the nose. Now that isn't my concept of Latin Riverfront
Park.
■
INAUDIBLE
•
•
■
■
■
■
Rev. Gibson:
!ilr. Fosmoen: (INAUDIBLE) ... we asked them to look at marina potential, they're
going that. It may not agree with ....
All right, can we go
home?
Mr. Plummer: Oh no, Father, let's don't go home. I mean let's get a head start
on tomorrow. Legally we have not adjourned, I have not heard a motion for adjourn,.
ment.
There being no further business to come before the City Commis-
sion, the meeting was adjourned at 10:55 O'Clock P.M.
ATTEST:
Ra.fph G. Ongi.e
CITY CLERK
Ma.tty
ASSISTANT CITY CLERK
Manoto Rebo4o
VICE -MAYOR
54
OCT 241978
ITEM NO
1
2
3
4
5
6
7
8
9
•
•
CITY OF NIFAMI
DOCUMENT
INDEX
DOCUMEUT IDENTIFICATION
MEETING DATE:
October 24, 1978
COMMISSION
ACTION
RETRIEVAL
CODE NO.
COMMISSION AGENDA AND CITY CLERK REPORT
AMEENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY
AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, ARTICLE VII
AMENDING ORDINANCE NO. 6 371, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, ARTICLE XI RESIDENTIAL
OFFICE R-C DISTRICT, SECTION 1.
GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATION-
AL FACILITIES PURSUANT TO ARTICLE XVIII-I, PUBLIC
PARK AND RECREATIONAL USE -PR DISTRICT, SECTION 4
ON LOTS 15 AND 26, BLOCK 17, MELROSE HEIGHTS
CLOSING THE INTERSECTION OF TALUGA DRIVE AT SOUTH
DIXIE HIGHWAY (U.S. 1) TO VEHICULAR TRAFFIC UNITL FUR-
THER NOTICE
OFFICIALLY VACATING AND CLOSING GREENWOOD ROAD BEGINNING
AT THE EAST RIGHT-OF-WAY LINE OF CORNELIA DRIVE.
GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS
LISTED IN ORDINANCE NO. 6871, ARTICLE XI-1, SECTION 4,
AND ARICLE XXVI.
AMENDING CITY CODE CHAPTER 62; SECTION 62-19 STANDARD
AND QUALIFICATIONS BY ALLOWING PROPERTY OWNERS AS WELL
AS ELECTORS OF THE CITY TO BE APPOINTED TO THE PLANNING
ADVISORY BOARD AND ZONING BOARD.
R-78-678
R-78-680
R-78-681
R-78-682
0018
0019
0020
0021
78-680
78-681
0022