HomeMy WebLinkAboutCC 1977-12-15 Minutes•
CITY OF MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON December 15, 1977
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
Its](
CIIYIcESSIQJ OF MIAMI, FLDRIII4
INANCE 0
ITEM NO. SUBJECT REsourrlaN No. PAGE NO,
1. ORDERING ALLAPATTAH SANITARY SEWER IMPROVEMENT SR-54 3 3C . R 7 7- 9 0 4 1
2. ORDERING MANOR SANITARY SEWER IMPROVEMENT
SR-5437-C.
3. ACCEPT COMPLETED WORK OF WILLIAMS PAVING CO.
FOR BISCAYNE WEST HIGHWAY IMPROVEMENT, BID "B"
DRAINAGE.
4. ACCEPT COMPLETED WORK OF L.C. MORRIS FOR NORTH
BAYSHORE DRIVE HIGHWAY IMPROVEMENT H-4359 -
STORM SEWERS.
5. ACCEPT COMPLETED WORK OF DMP CORP. FOR HEAVY
EQUIPMENT SERVICE FACILITY SITE PREPARATION -
1977 (2nd bidding).
6. AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF PUB-
LIC HEARING FOR OBJECTIONS TO ACCEPTANCE OF
COMPLETED CONSTRUCTION OF BISCAYNE WEST HIGHWA
IMPROVEMENT H-4390 (HIGHWAY PORTION) BID "A".
7. DEFER GRANTING OF EASEMENT TO MIAMI-DADE WATER
AND SEWER AUTHORITY FOR A 16-INCH FORCE MAIN
ACROSS BISCAYNE BAY.
R 77-905 2
R 77-906 2
R 77-907 2
R 77-908 3
R 77-909
3
SEE LATER
R 77-920 3-4
8. RELEASING COVENANT TO RUN WITH THE LAND AT
2585 S. BAYSHORE DRIVE. R 77-910
4
9. ACCEPT DEED OF DEDICATION FROM BOULEVARD NAT-
IONAL BANK -WEST SIDE N.W. 2 AVE. BETWEEN N.W.
57 AND 58 STREETS. R 770911 5
10. ACCEPT DEED OF DEDICATION FROM VICTOR H. AND
ELISA HERNANDEZ-E. SIDE OF S.W. 17 AVE BETWEEN
S.W. 23 STREET AND S.W. 1 AVENUE. R 77-912 5
11.
CLOSE STREETS AND WAIVE RENTAL FEE FOR SHOW -
MOBILE -COCONUT GROVE ARTS FESTIVAL 1978. R 77-913 6
12. CLOSE PORTION OF MAIN HIGHWAY DECEMBER 30, 197
ELABORATE OPENING OF PLAYERS' STATE THEATRE. R 77-914 6
1
13. ACCEPT REIMBURSEMENT GRANT $25,000 FOR REPAIR
AND CONSTRUCTION OF SOUTH GROVE BICYCLE PATH. R 77-915
14. AMEND SECTION I, ORDINANCE 8716-ESTABLISH NEW
FUNDS ADJUSTMENTS IN HIGHWAY GENERAL OBLIGATIOI
BOND FUND.
15. ACCEPT $15,000 GRANT FROM DADE COUNTY FOR
KWANZA FESTIVAL.
1
•
FIRST READIN
7
7
R 77-916 8
16. ESTABLISH KWANZA FESTIVAL TRUST AND AGENCY EMERGENCY
FUND IN THE AMOUNT OF $25,000. 8729
17 .
8
REPEAL AND SUBSTITUTE SECTION 20-8 OF THE CODE
TO PROVIDE FOR RESTRICTED HOURS FOR WASTE COL- FIRST
LECTION IN CENTRAL COMMERCIAL DISTRICT. READING 9
18. AMEND ORDINANCE 8657 TO PERMIT PAYBACKS INTO FIRST
THE RETIREMENT SYSTEM. READING
9
Imo(
hEETINQ
CITYINUTE$ OF �TIIS[aJ REGULAR FLORII14
i 40.
ITEM NO.
SUBJECT
19. MOTION TO ADJOURN REGULAR MLL F1N0 AND GO INTO COI.B•IFi LL
OF THE WI-IOI ,F SESSION.
20. ABOLISH CITY OF MIAI•II LIBRARY ADVISORY BOARD.
21. ILDERAL REVENUE SHARING FUNDS FOR SOCIAL SERVICES -
REMAINDLOF FY-77-78.
22. CITY COMMISSION POLICY REGARDING SISTER CITIES.
23. NEW ZONING ORDINANCE.
24. CITY OF MIAMI CASH MANAGEMENT.
25. CONSIDERATION OF GRANT OF EASEMENT TO MIAMI-DADE WATER
AND SEWER AUTHORITY FOR A FORCE MAIN ACROSS BISCAYNE BAY
26. DISCUSSION OF PUBLIC WORKS PROJECTS, CONSTRUCTION IN THE
"ROADS" AREA.
27.
RESUITATIONS , PLAQUES AND SPECIAL ITU•iS
28. APPROVE GRANT OF EASEI'12,72 TO I•aAI•iI DADE wAia AND SEWER
AUTHORITY FOR 16 INCH FORCE MAIN TO VIRGINIA KEY SEWAGE
TREATI•. T P LA' TI .
29. PUBLIC HEARING: CONFIR•i ORDERING RESOUJTION-CRESTWOOD
SANITARY SEW1jr IMPROVE•,tNT-SR-5432-C.
30. "-IRS. ATHALIE RANGE -REQUEST PARKS COORDINATOR FOR THE
AF
RICAN SQUARE PART:.
31. AUTHORIZE CITY MANAGER TO E ECUl'L AN AGREEMENT: GOLF
PROFESSIONAL FOR MELPTTSE GOLF COURSE PATIO, RESTAURANT/
LOUNGE AND PRO -SHOP AND DRIVING RANGE.
32. ISSUE DEVEL P=FT ORDER: OI11I PLAZA VENITIA MARINA.
33. FRED HIRT REGARDING CITY'S SUPPORT OF SENIOR DAY CARE
PROGRAM.
34. REV. CALVIN SCO n - DRUG ABUSE PROBLEMS.
35. LUI S J. LAUREDO - SECOND ANNUAL CONFERENCE, U.S. CARI B-
BBEAN TRADE.
36. CHANGE DA1'LS OF JANUARY 1978 CITY COMMISSION MEETINGS.
37. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF ACCEPTANCE
OF PLAT: BEGONIA VILLAS.
38. PLAT ACCEPTANCF - ST. AL,$AN'S SUBDIVISION.
39. BID ACCEPTANCE - UNIFORMS FOR POLICE DEPARTMENT.
MOTION OF INTENT: AMEND SECTION 39-25 OF THE CODE TO
PERMIT THE SALE OF BEER IN THE ORANGE BOWL STADIUM.
41, AUTHORIZF CITY I1,A1AGIY TO EXECUTE AGREEMENT, MIAMI BRI
PROGRAM -CATHOLIC SERVICES BUREAU, INC. FOR USE OF PORT-
ION OF OLD MUNICIPAL JUSTICE BUILDING.
tI NANCE OR
oLUTION No,
MOTION
M 77-917
M 77-918
77-919
DISCUSSION
DISCUSSION
DISCUSSION
DISCUSSION
SLE F. 77-920
DISCUSSION
PRESENTATIONS
R 77-920
R. 77-921
M 77-922
R 77-923
R 77-924
DISCUSSION
DISCUSSION
M 77-925
M 77-926
DEFERRED
R 77-927
R 77-298
MOTION
cR
77-930
PAGE N0,
10
10-14
15-31
31-36
36-37
37-40
40-42
42
42-43
43
44-45
45-47
47
47-56
57-58
58-60
60-63
63-64
64-65
65
65-66
66-70
70-71
IND
MEETING$ OFCOMMISSION GU
AMI, FLORIIIA
ITEM N0,
SUBJECT
42. DISCUSSION AND 1LTPORAEY DEr•ERRAL OF CONSIDERATION OF
APPROPRIATIONS ORDINANCE FOR t •i' 77-78.
43. RATIFY ACTION OF CITE' MANAGER -COLLECTIVE BARGAINING
AGREE EN T-SANITATION MIITE LES ASSOCIATION .
44. AMEND GENERAL EMPLOYEES Rd:i IP.E ITT PLAN -AUTHORIZE
SUPPLEMENT TO SURVIVING SPOUSE.
45. AUTHORIZE CITY MANAGER TO EN1LPR INTO A CONTRACT WITH
FAUSTO GOIT Z, ADMINISTRATIVE ASSISTANT TO THE MAYOR.
46. EXTEND FRANK C0B0'S CONTRACT FOR A PERIOD OF ONE MONK.
47. AUTHORIZE CITY MANAGER TO ENTER INTO A CONTRACT WITH
FRANK COBO FOR PROFESSIONAL SERVICES ON A PART-TEME
BASIS.
48. AUTHORIZE CITY MANAGEP. TO ET1LR INTO AN AGR=ENT WITH
LEVITAN DESIGN ASSOCIATES, INC. FOR RESEARCH DESIGN
SERVICES AT ALICE C. WAINWRIGHT PARK.
49. AUTHORIZE CITY MANAGER. TO EN`1'LR INTO AN AGP.t 'i NT WITH
KATHY INGR'HAM WEITE FOR CONCESSION AT EDISON PARK.
50,
rPF.P.L RESOLUTION NO. 77-660 WHICH DIRECTED BIDS FOR THE
ALE OF CERTAIN BONDS.
51. •PROVA OFFICIAL STATDENT FOR $14,040,000 BONDS OF THE
ITY OF
52. '£TIFY E•LLRGENCY PURCHASE OF FINANCIAL PROSPECTUS -
ENERAL OBLIGATION BOND SALE.
53. PLAT ACCEPTANCE - BASADRE SUBDIVISION
54. PLAT ACCEPTANCE - HERA SUBDIVISION.
55. 'U HORIZE PURCHASE IN LIEU OF CONDEMNATION - PROPERTY AT
69 N.E. 62 STREET FOR FIRE STATION NO. 9.
56. AUTHORIZE PURCHASE IN LIEU OF CONDEMNATION - PROPERTY
CA1LL) IN B'JEIA VISTA AREA FOR NEIGHBORHOOD PARK.
57. 'UTHORIZE PURCHASE IN LIEU OF CONDE:'•1NATION-PROPERTY
CATED Ill EDISON-LEI•MON CITY AREA FOR NEIGHBORHOOD PARK.
58.
ALLOCATE $195,000 BOND FUNDS FOR 3 CIVIL SERVICE POSIT-
IONS, COI•TUTT;R BAS}'U INFORMATION SYS'1'UI AT MIAMI MODERN
POLICE DEPARTT, NT'.
tINANCE OR
SOLUTION NO,
DEFERRED
�R.EED
R 77-931
FIRST READING
P 77-932
P 77-933
R 77-934
R 77-935
R 77-936
R 77-937
77-938
77-939
59. CONFIRM ACTION OF CITY MANAGER AND CITY CLERK IN SIGNING
A NOTE FOR $325,000 FOR IMPROVEMENTS TO OLYMPIA BUILDING
60. BRIEF DISCUSSION AND DEFERRAL OF AFFIRMATIVE ACTION PLAN
61. "PROVE ACTION OF CITY MANAGER IN EXECUTING AN AGREEMENT
4ITH FLORIDA A 6 M FOR ORANGE BOWL CLASSIC FOOTBALL GAME
62. UTHORIZE ISSUANCE OF WASI'L COI J .FCTION LICENSES.
63. .,LAIM SETTLELENT, ACCEPT $380.64 IN PAYMENT FOR DAMAGF
0 A CITY OF MIAMI FIRE PREVENTION VEHICLE.
R 77-940
77-941
R 77-942
77-943
77-944
R 77-945
R 77-946
DEFERRED
R 77-947
R 77-948
R 77-949
PAGE NO,
71-76
76-77
77-78
78
79
79
80
80
81
81
82
82
83
83
84
84
85
85
86
86
86-87
87
INDEX
CIlYI�SSIaJ OF MIAM[, FLORIDA
ITEM N0,
SUBJECT
INANCE OR
SOLUTION No, PAGE NU.
C.4 . ACCEPT BID -ADMINISTRATION BUILDING -BUT LDING DE 10LI T IO
65. BID ACCEPTANCE-CHARLES iLRRACE COI-IMUNITY DEVELOP:•; JT
TREE PLANTIN .
66. BID ACCEF A?NCE-ROBERT E. IFE SPORTS LIGHTING.
67. BID ACCEPTANCE -READY MIX CONCRETE.
68. BID ACCEPTANCE -FERTILISER FOR GOLF COURSES.
69. BID ACCEPTANCE-1,000 CUBIC YARDS OF RED CLAY.
70. BID ACCEPTANCE -CONCRETE FURNITURE AND WASTE CONTAINERS.
71. BID ACCEPTANCE -PADDED WALL COVERING.
72. BID ACCEPTANCE -SYSTUTATIC M;AINiUNANCE AND E?v1ERGENCY SER-
VICES FOR EXISTING INEGRATt=. SECURITY SYSTU: AT POLICE
DEPART•, ENT
73. 911 EJ•:ER,ENCY TELEPHONE SYS I ± M, CITY OF J•=A `I SUPPORT FL
PROPOSES COUNTY -WIDE.
74. �'t"END ORDIJSNCE NO. 8719-SUi•IMARY GRANT APPROPRIATI0J1S-
ISH ,1^ t ,/ TRUST
t.-.) r. ^•�••-.•.>
O ESTAB:�l,:.i '�,�� ,��`„ lr._� � P.:�� A..:w�i FUINDS.
75. A', ND SECTION 39-25 OF THE CODE TO PER'•:IT TIE SALE OF
BLLR IN TrIE ORANGE BOWL STADIUM .
76. BEGONIA ;'II 1 A.S , BRIEF DISCUSSION AND '!±2 ORARY DEFERRAL
OF ACCEPTIN•_ PLAT.
77. CLAIM SI, t'i'LE• JJT - ROSA GUZ•1AN.
78.
CLAIM SETTLE -TNT - LAURIE C. ASSAEL.
79 . CONFIP„ •iATION OF ELECTED J'-'D•IBLRS OF THE CIVIL SERVICE
BOARD.
80. CHANCL SOWING IN LOTS 11-18, LESS So. 149.9 F±;E1', BLOCK
E OF BISCA•Y'NE PARK TERRANCE 2-36.
81. PUBLIC HEP.RIINC TO CONSIDER RESULTS OF TEST PERIOD, ONE-
WAY OPERATION OF FLORIDA AVENUE
82. CHANCE OF ZONING IN -AREA aUTNERALLY BOUNDED BY TIGER TAIL
AVENUE, NATOJ'A STREET, SECOF}•EL STREET AND D.1ATHALA
STF1, FL F CFRI "J N PORTIONS BACK TO PLANNING ADVISORY
BOARD FOR 17 •:'.:;TER STUDY.
83. PUBLIC HEARING OF CONSIDERATION OF REVISION OF PAD AT
2333 E5ICKELL AVENUE TO PERMIT ENCLOSURE OF BALCONIES.
84.
CONSIDERATION OF ZONING BOARD'S DENIAL OF CONDITIONAL
USE TO PERMIT MEDICAL OR DENTAL OFFICES AT 4370-72 WEST
FLAGLER STREET.
77-957
P 7 -9E1
F. 77-95
R 77-953
R 77_954
77-955
R 77-956
R 77-957
85. ,PUBLIC HEARING -RESULTS OF TEST PERIOD, ONE-WAY OPERATION
OF FLORIDA AVENUE.
86. 2HANGE ZONING CLASSIFICATION FROM R-4 TO C-4 AT APPROX-
IMATELY 1751 N.W. N. RIV.EN DRIVE.
7-9E8
77-959
7J0
FIRST READING
DEFERRED
77-960
R 77-961
DISCUSSION
?1 77-962
1'1.L•'.FORARY
DEFERRAL
77-963
77-964
77-965
77-966
DEFERRED BY
J•1 77-967
DEFERRED
M 77-968
1IRST READING
87
88
88
09
89
90
90
91
91
92
32
93
93-95
95
96
96-97
98-122
122
122-133
133-139
139-140
141-143
143
tNmoc
MNUTES CITYIC(Xfi�IISI�OF GUMIAf11, FLORIDA��
ITB N0,
SUBJECT
QRDI NANCE Off
I SOLUTION NO.
87.
CONSIDE_'.ATION OF AIMTENDM ,IT TO RES. 74-970 TO PERI-IIT
OPENING IN WALL AT CENTRAL SHOPPING CENTER, N.W. 11
STRL i .
88. DENIAL OF VARIANCE TO PER'IIT REMODELING OF A NOIN-CON-
FORTING STRUCTURE LOCATED AT 2911 LUCAYA STREET.
89. ACCEPT HOWARD GARY' S r)E.iORANDU;•: DATED DECR'IBER 8 , 1977
(SU1 DIARY OF FY 77-78 BUDGET ALTERNATIVES TO PREVENT
LAYOFt S) .
90. APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1977-78.
91. MAKE CERTAIN APPROPRIATIONS OF 1EDERAL REVENUE SHARING
FUNDS TO PRIVATE NON-PROFIT AGENCIES CHARGEABLE TO
APPROPRIATIONS FOR FY-77-78.
92. APPOITTI? LEI T OF I•TR-'BERS TO THE PLANNING ADVISORY BOARD
AND THE ZONINT BOARD.
93.
CONtIR;ING ELECTED ?=EPS TO THE CIVIL SERVICE BOARD
OF THE ELECTION I-iLD DECR`TBER 9 , 1977
N 77-9E9
R 77-970
8731
R 77-971
R 77-972-A
R 77-792-P
R 77-973
PAGE NO,
143-14E
143-147
148
148-149
149
149-150
150-151
MINUTES OF REGULAR MEETING OF THE
CITY COMIMISSW.O�1 OF MIAMI, FLORIDA
41
ON THE 15TH DAY OF DECEMBER, 1977, THE CITY COMMIS ION OF
iAMI,_FLOR DA MET AT ITS REGULAR MEETING PLACE IN THE LITY
ALL, 5500 IAN AMERICAN DRIVE, MIAMI, bLORIDA IN REGULAR SESSION,
THE MEETING WAS CALLED TO ORDER AT 9:25 O'CLOCK A,M, BY
VICE -MAYOR MANOLO REBOSO WITH THE FOLLOWING MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT:
Commi5,5 ic'nnc t J. L. P.Cumme4, Jh.
Commis,sionek Rose Gondc'u
Commti.5s-co►ze-t (Rev.) Thcodoe Gibzon
Vice-Mauo.7 ManoCCc Reboso
ALSO PRESENT:
Joseph R. Gka-S�ie, City Managek
R. L. Foomoeu, A�3i.5-ta►it City Manager
George F. Knox, Cite Atto,uzey
Ra.Lph G. Onyic., City C4:ekk
Matte( H zai , A,36i.5 ta'z t City C4'enh
ABSENT: MAYOR MAURICE A. FERRE
AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN
LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG,
A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED
AND SECONDED AND WAS PASSED UNANIMOUSLY.
1, ORDERING ALLAPATTAH SANITARY SEWER IMPROVEMENT SR-5433-C
Commissioner Plummer stated that the Commission was now ready to hear any
objections to the Ordering of Allapattah Sanitary Sewer Improvement SR-5433-C.
NO OBJECTORS AIFEARED.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-904
A RESOLUTION ORDERING ALLAPATTAH SANITARY SEWER IMPROVEMENT
SR-5433-C (centerline sewer) AND DESIGNATING THE PROPERTY
AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A POR-
TION OF THE COST THEREOF AS ALLAPATTAH SANITARY SEWER IMPROVE-
MENT DISTRICT SR-5433-C (centerline sewer); AND ALLOCATING
$10,000 FROM THE SANITARY SEWER BOND FUND TO COVER THE COST
OF PRELIMINARY AND INCIDENTAL EXPENSES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT: Mayor Maurice A. Ferre
NOES: None.
DEC 151977
•
ORDERING MANOR SANITARY SEWER IMPROVEMENT SR-5437-C,
Commissioner Plummer asked if there were any objections to Item #2.
NO OBJECTORS APPEARED.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-905
A RESOLUTION ORDERING MANOR SANITARY SEWER IMPROVEMENT
SR-5437-C (CENTERLINE) AND DESIGNATING THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF
THE COST THEREOF AS MANOR SANITARY SEWER IMPROVEMENT DISTRICT
SR 5437-C (CENTERLINE).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT Mayor Maurice A. Ferre NOES: None.
3, ACCEPT COMPLETED WORK OF WILLIAMS PAVING CO.-BISCAYNE WEST HIGHWAY IMPROVEMENT,
BID "B" - DRAINAGE.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-906
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY WILLIAMS
PAVING COMPANY, INC. AT A TOTAL COST OF $144,539.43 FOR BISCAYNE
WEST HIGHWAY IMPROVEMENT (BID "B"- DRAINAGE), AND AUTHORIZING
A FINAL PAYMENT OF $14,633.94.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT: Mayor Maurice A. Ferre NOES: None.
4, ACCEPT COMPLETED WORK OF L.C. MORRIS FOR NORTH BAYSHORE DRIVE HIGHWAY
IMPROVEMENT H-4359 - STORM SEWERS.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-907
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY L. C.
MORRIS, INC. AT A TOTAL COST OF $234,704.52; ASSESSING $2,880.00
AS LIQUIDATED DAMAGES FOR 36 DAYS OVERRUN OF CONTRACT TIME; AND
AUTHORIZING A FINAL PAYMENT OF $22,000.00 FOR NORTH BAYSHORE DRIVE
HIGHWAY IMPROVEMENT H-4359 (BID B - STORM SEWERS).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by a unanimous vote of the commission.
2
DEC 151977
5 CCEPT COMPLETED WORK OF DNP CORP, FOR HEAVY EQUIPMENT SERVICE FACILITY SITE
PPRREPARATION - 1977 (2ND BIDDING),
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-908
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY D.M.P.
CORPORATION AT A TOTAL COST OF $17,770.00 FOR HEAVY EQUIPMENT
SERVICE FACILITY SITE PREPARATION - 1977 (2ND BIDDING), AND
AUTHORIZING A FINAL PAYMENT OF $1,777.00.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT: Mayor Maurice A. Ferre
NOES: None.
6, AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING FOR 0 ECTIONS TO
ACC PTANCE OF COMPLETED CONSTRUCTION OF BISCAYNE WEST HIGHWAY IMPROVEMENT
H-43390 (HIGHWAY PORTION) BID "A".
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-909
A RESOLUTION AUTHORIZING THE CITY CLERK TO
PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE
ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CON-
STRUCTION OF BISCAYNE WEST HIGHWAY IMPROVEMENT H-4390
(HIGHWAY PORTION) BID "A" IN BISCAYNE WEST HIGHWAY IMPROVE-
MENT DISTRICT H-4390 (HIGHWAY PORTION) BID "A".
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT: Mayor Maurice A. Ferre NOES: None.
7, FER GRANTING OF EASEMENT TO MIAMI-DADE WATER AND SEWER AUTHORITY FOR A
1IOr--INCH FORCE MAIN ACROSS BISCAYNE BAY.
Mr. Plummer: Anyone here wishing to speak on Item #7? Mr. Vice -Mayor, I move
that this item be deferred and for the record for two reasons (1) I want assurances
that those streets which are being torn up tremendously at the height of our
Christmas season in the downtown area are going to be restored into their proper
condition. I would like the administration to violently call those parties con-
cerned anJ get them out of the downtown area which they are tying up traffic un-
believably putting in this thing during the height of the Christmas season. I
think it is just crazy for them to tear up our streets and clog up our merchants
in the downtown area when we're right at the height of the Christmas season and
also the New Year's Parade and everything. So I move this thing be deferred until
we have those assurances.
Rev. Gibson: Let me raise a question. J. L., are they now working?
Mr. Plummer: Father, they're down there working and they've got all of the streets
clogged up. It is inconceivable to me that they would pull such a stunt.
3
DEC i 51977
4 4
Rev. Gibson: Well, the point I make is if they're in the process and you stop
them now
Mr. Plummer: Let them go work somewhere else for two weeks, Father.
Rev. Gibson: Aren't you in charge of that, Mr. Grimm? If we must stop them now
are we better off or are we worse or can they do something?
Mr. Grimm: Let us find out, Father, I don't know the answer to your question.
Rev. Gibson: All right, sir, you ought to know by noon.
Mr. Plummer: W`11, Father, I'm also going to move for deferral to make damned
sure that our streets are---- Have you seen the work they're doing?
Rev. Gibson: Yes.
Mr. Plummer: Father, I want assurances that those streets are going to be put
back into the condition that they were prior to the starting of that work and only
holding this above their head am I going to have that guarantee.
Mr. Grimm: If the commission wishes I'll try and get Mr. Sloan on the phone and
have him come here this morning.
Rev. Gibson: Please do.
Mr. Plummer: Fine.
Mr. Reboso: Ok, then the item is deferred ...
8, RELEASING COVENANT TO RUN WITH THE LAND AT 2535 S. BAYSHORE DRIVE.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-910
A RESOLUTION RELEASING THE APRIL 2, 1964 COVENANT TO RUN
WITH THE LAND RELATING TO THE TEMPORARY SANITARY SEWER
SYSTEM SERVING APARTMENT BUILDINGS AT 2585 SOUTH BAYSHORE
DRIVE; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK. TO EXECUTE THE APPROPRIATE INSTRUMENT THEREFOR.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT: Mayor Maurice A. Ferre NOES: None,
4
DEC 151977
g, ACCEPT DEED OF DEDICATION FROM BOULEVARD NATIONAL BANK WEST SIDE N,W,
2ND AVENUE, BETWEEN N.W. 57 AND 58 STREETS.
The followinn resolution was introduced ht7 Commissioner rihcon, who mooed
its adoption:
RESOLUTION NO. 77-911
A RESOLUTION ACCEPTING THE OCTOBER 10, 1977 DEED OF DEDICATION
FROM BOULEVARD NATIONAL BANK, TRUSTEE, CONVEYING A 5 FOOT STRIP
OF RESERVED ZONED WIDTH RIGHT OF WAY FROM A LOT LOCATED ON THE
WEST SIDE OF N.W. 2ND AVENUE, BETWEEN N.W. 57TH AND N.W. 58TH
STREETS; AND AUTHORIZING AND DIRECTING THE PROPERTY MANAGER TO
DULY RECORD SAME.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT: Mayor Maurice A. Ferre NOES: None.
10. ACCEPT DEED OF DEDICATION VICTOR H. AND ELISA HERNANDEZ - E. SIDE
S.W. 17 AVE, BETWEEN S.W. 23 STREET AND S,W, 1ST AVENUE
The following resolution was introduced by
its adoption:
Commissioner
RESOLUTION NO. 77-912
Gibson, who
A RESOLUTION ACCEPTING THE JULY 14, 1977 DEED OF DEDICATION
FROM VICTOR H. HERNANDEZ AND ELISA HERNANDEZ, HIS WIFE, CON-
VEYING THE WEST 10 FEET OF LOT 10, BLOCK 1, WOODSIDE (5-28);
AND AUTHORIZING AND DIRECTING THE PROPER OFFICIAL OF THE
CITY OF MIAMI TO RECORD SAME IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
moved
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT; Mayor Maurice A. Ferre NOES: None.
DEC 1511977
4
4
CLOSE STREETS AND WAIVE RENTAL FEE FOR SNOWMOBILE - COCONUT GROVE
ARTS FESTIVAL 1978,
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-913
A RESOLUTION IN CONNECTION WITH THE COCONUT GROVE ARTS FESTIVAL
ON FEBRUARY 17, 18 AND 19, 1978, CLOSING THE FOLLOWING STREETS TO
THROUGH TRAFFIC ON SAID DATES DURING SPECIFIED HOURS, AND ESTAB-
LISHING A TEMPORARY PEDESTRIAN MALL OF MAIN HIGHWAY FROM CHARLES
AVENUE TO INTERSECTION OF McFARLANE AND FROM McFARLANE TO INTER-
SECTION OF SOUTH BAYSHORE DRIVE AND COMMODORE PLAZA AND FULLER
PLACE; WAIVING THE FEES AND GRANTING PERMISSION FOR THE USE OF
COCONUT GROVE PEACOCK PARK, WAIVING THE RENTAL FEE FOR USE OF THE
LARGE CITY SHOWMOBILE, SUBJECT TO PAYMENT BY COCONUT GROVE ASSOC-
IATION, INC. OF THE DIRECT COSTS OF SETTING UP AND REMOVING SAID
SHOWMOBILE: AND ALLOCATING $500 FROM SPECIAL PROGRAMS AND ACCOUNTS
SPECIAL COMMUNITY PROGRAMS - QUALITY OF LIFE PROGRAM FOR THE PUR-
CHASE OF AN AWARD WINNING ART WORK; SAID CLOSING OF STREETS IS
SUBJECT TO THE ISSUANCE OF A PERMIT BY THE POLICE AND FIRE DEPART-
MENTS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT: Mayor Maurice A. Ferre NOES: None.
12, CLOSE PORTION OF MAIN HIGHWAY DECEMBER 30, 1977, ELABORATE OPENING OF
PLAYERS' STATE THEATRE,
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 77-914
A RESOLUTION CLOSING A PORTION OF MAIN HIGHWAY TO THROUGH
TRAFFIC ON DECEMBER 30, 1977, BETWEEN 6:00 P.M. AND 8:00 P.M.
UPON THE ISSUANCE OF PERMITS BY THE POLICE AND FIRE DEPART-
MENTS, TO EFFECTUATE SAFE PEDESTRIAN PASSAGE DURING THE
CELEBRATION OF THE GRAND OPENING OF THE PLAYERS' STATE THEATRE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSNT: Mayor Maurice A. Ferre NOES; None,
•
DEC 151977
4
15. ACCEPT REIMBURSEMENT GRANT $25,000 REPAIR AND RECONSTRUCT SO. GROVE
BICYCLE PATH.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 77-915
A RESOLUTION ACCEPTING A REIMBURSEMENT GRANT OF UP TO $25,000
FROM DADE COUNTY FOR THE REPAIR -RECONSTRUCTION OF THE SOUTH
GROVE BICYCLE PATH; AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH DADE COUNTY FOR THE SOUTH
GROVE BICYCLE PATH; AND AUTHORIZING THE CITY CLERK TO ADVERTISE
FOR SEALED BIDS FOR CONSTRUCTION OF THE SOUTH GROVE BICYCLE
PATH MODIFICATIONS B-4420.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT: Mayor Maurice A. Ferre NOES: None.
14, FIRST READING ORDINANCE, AMEND SECTION 1, ORDINANCE 8716 - ESTABLISH NEW
Furors; MAKE ADJUSTMENT IN HIGHWAY GENERAL OBLIGATION BOND R.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO. 8716,
ADOPTED OCTOBER 26, 1977, THE ANNUAL CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1978, AS AMENDED BY ESTABLISHING NEW FUNDS;
MAKING ADJUSTMENTS IN THE HIGHWAY GENERAL OBLIGATION BOND
FUND; AND MAKING APPROPRIATIONS FOR ADDITIONAL PROJECTS
CONTAINED IN SAID FUNDS; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; AND CONTAINING A SEVER -
ABILITY PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gibson
and passed on its first reading by title by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT:
NOES: None.
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.
•
DEC 151977
4
15. ACCEPT $15,000 GRANT FROM DADE COUNTY FOR K NEA FESTIVAL.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-916
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT
AWARD FROM METROPOLITAN DADE COUNTY FOR A KWANZA FESTIVAL AND
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
CONTRACT(S) AND/OR AGREEMENT(S) TO IMPLEMENT THE FESTIVAL, TO
BE HELD ON DECEMBER 26, 1977 THROUGH JANUARY 1, 1978.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT: Mayor Maurice A. Ferre NOES: None.
16. B'ERGEJCY ORDINANCE: ESTABLISH KWANZA FESTIVAL TRUST AND AGENCY FUND IN THE
AMOUNT OF $25,000.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS
ORDINANCE AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED: "KWANZA FESTIVAL", AND APPROPRIATING FUNDS
FOR THE OPERATION OF THE NEW TRUST AND AGENCY FUND; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND CONTAINING A SEVERjABILITY PROVISION; DECLARING THIS
ORDINANCE TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE
REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A
VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Gordon and seconded by Commissioner Gibson, for
adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following
vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT: Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Gordon and seconded by
Commissioner Gibson, adopted said ordinance by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT:
NOES: None.
Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8729.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
8
DEC 151977
17. FIRST READING ORDINANCE: REPEAL AND SUBSTITUTE SECTION 20-8 OF THE CITY CODE
PROVIDE FOR RESTRICTED HOURS WASTE COLLECT I C. d IN CENTRAL COM''1ERC I AL DISTRICT
Mr. Plummer: Mr. Vice-'iayor, I want to move this item hecause I Have heen talk-
ing with these people but I want a stipulation put into this ordinance that this
thing be brought back before the commission in six months for a review as to how
it is working. OK? In other words lets say that the first meeting in June I
want it automatically brought back before this commission to review how the plan
that they are implementing is working,to see whether it needs additional time or
additional man hours or what. To me it is a very vital thing for downtown.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 20-8 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FREQUENCY AND AMOUNT
OF GARBAGE AND TRASH COLLECTION SERVICE PROVIDED BY CITY" BY
REPEALING SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING A
NEW SECTION 20-8 PROVIDING FOR RESTRICTED HOURS FOR THE PLACE-
MENT OF MATERIAL FOR COLLECTION BY PRIVATE WASTE COLLECTION
OPERATORS IN THE CENTRAL COMMERCIAL DISTRICT, AS DEFINED
HEREIN; FURTHER PROVIDING FOR A RESTRICTION OF REPLACEMENT
OF SIDE, REAR OR FRONT LOAD CONTAINERS AT ANY LOCATION WITHIN
SAID DISTRICT; CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Gibson
and passed on its first reading by title by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT:
NOES: None.
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.
18, FIRST READING ORDI(dA(CE: AMEND ORDINANCE 8657, PERMIT PAYBACKS INTO THE
RETI RO T SYSTEM.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI CITY EMPLOYEES' RETIREMENT
SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED)
AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED,
MORE PARTICULAPLLY AMENDING SECTION 91, AS AMENDED, OF SAID
CHAPTER 2; BY PROVIDING THAT SHOULD A MEMBER REDEPOSIT OR
PAY BACK SERVICE CREDITS UNDER SUBSECTION 17(g) OF SAID
SECTION 91 THAT SAID PAYBACK SHALL BE MADE UNDER THE MEMBER'S
CURRENT COMPENSATION RATE, EXCLUDING INTEREST, AS THE BASIS
FOR DETERMINING COSTS INVOLVED; CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner Gibson
and passed on its first reading by title by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
ABSENT:
NOES: None.
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.
DEC151977
4
D. MOTION TO ADJOURN REGULAR MEETING AND GO INTO COMMITTEE OF THE WHOLE
SESSION.
NOTE: Mayor Ferre entered the meeting.
Thereupon the City Commission,on motion of Commissioner Plummer, seconded by
Commissioner Reboso,the Regular City Commission Meeting was adjourned by a
unanimous vote and the City Commission began Committee of the Whole deliberations.
20, MOTIONN OF INTENT: ABOLISH CITY OF MIAMI LIBRARY ADVISORY BOARD,
Mr. Grassie: This is part of the City's continuing effort to improve and regular-
ize its committee and board structure, Mr. Mayor and members of the City Commission.
I'm going to ask Bob Homan who has done most of the staff work on this to speak to
this question.
Mr. Bob Homan: Mr. Mayor and members of the City Commision, as you recall back
in March we looked at all the City's committees with an idea of updating them and
maybe streamlining some of the procedures. When the City turned over to Dade
County the Library System back in 1971 part of the agreement called for the appoint-
ment of three members of the City's Library Advisory Board to the County's Board.
The purpose of the City's board really is to serve as a vehicle or a mechanism....
Mayor Ferre: Excuse me, Bob. Would you get somebody to go outside, and we're
going to have to be doing this all day and tell them that we're in session and
that we need order in the house, Mr. Manager. If they want to have a bull session
tell them to go outside. All right.
Mr. Homan: Let me start again.
Mr. Plummer: Is it necessary?
Mr. Homan: If you've read the material and you agree with...
Mr. Plummer: We've all read it.
Mr. Homan: Mrs. Stanley Ersoff' the Chairman of the Board and a former city
Library Board member is here and if you want her to speak to it she can.
Mr. Plummer: Is she in accord? Well, I move it, Mr. Mayor.
Mayor Ferre: Oh yes, and Mrs. Ersoff, as I understand it now, remember you and I
talked about this when Mrs. Muir became upset and what have you. Now where do we
stand exactly as far as... We would dissolve our Library Board, is that right?
Mr. Homan: The Dade County Commission passed an ordinance which will permit us
if we wish to abolish our board and still protect us in having three representa -
tivesthat we always have been having on the board.
Mayor Ferre: Was that done by, that's obviously not in the Charter so obviously
that's a resolution that a future commission can rescind at any time, is that cor-
rect?
Mr. Homan: I assume so...
Mayor Ferre: In other words as I understand it what you're saying is that the
Metro Commission passed an ordinance which permits us to put members into the Metro -
Miami Library Board but there is a legal question which is the thing that concerned
us two years ago and that's what I'm asking you about.
Mr. Homan: This is not the same question at all.
Mrs. Ersoff: I think I can answer that, Mr. Mayor. The County Commission at the
request of the Miami -Dade Library Advisory Board changed the method by which board
members were selected to the County Library Advisory Board. We feel that it goes
a long way to streamline the process and make the selection procedure more demo-
cratic and more participatory. At the same time the three seats held by the City
of Miami on the County Library Advisory Board were protected in view of the con-
tribution that the City of Miami made to the origin of the library system and also
in accordance with the lease agreement keeping the whole procedure legal.
10
DEC 151977
Mayor Ferre: That's my question. As I recall there is a legal document when the
property was turned over to Metropolitan Dade County and that's my question, Mr.
City Attorney.
Mrs. Ersoff: This is protected under the new ordinance.
Mayor Ferre: Is that,I think there was a specific requirement for them to comply
with and that's where we began getting into trouble and I just want to make sure
that that has been legally checked out and that we're on safe ground.
Mr. Homan: Yes, and the resolution that we will ask you to pass with regard to
this matter will instruct the City Attorney to look into that very question and
then he'll propose at a later time....
Mayor Ferre: All right, sir, thank you.
Mrs. Gordon: Does that then open up the opportunity for those three persons that
have been appointed but never served to become active members then of the board?
Mrs. Ersoff: Well, right now the City of Miami is represented through the year
1980 by three appointments that have been made.
Mrs. Gordon: By whom?
Mrs. Ersoff: Well they have been made by the County Commission but they are three
City of Miami appointments. Now as those three people's terms expire there will
be opportunity for new appointments to be made.
Mayor Ferre: We can ask the obvious question and that is the board is made up of
how many people now?
Mrs. Ersoff: The board is made up of nine people.
Mayor Ferre: How many women, how many blacks, how many Latins does the board
presently have?
Mrs. Ersoff: There is one black woman, Mrs. Juanita Johnson. There are no Latins
represented on the hoard.
Mayor Ferre: Not one?
Mrs. Ersoff: Not one. And there are three men ... and six women.
Mr. Reboso. Let me ask, when these appointments took place for the last time?
Mrs. Ersoff: Yes. I have a list of all the recent appointments. The appointments
are staggered and they have been reappointed as the terms become vacant.
Mr. Reboso: Can we have a copy of that, please?
Mrs. Ersoff: Yes, sir, you certainly can.
Mr. Reboso: I would like to have a copy of the list of the members. Under the
new ordinance all geographic requirements, up until now the six other members
aside from the City of Miami, there have been geographic restrictions imposed upon
their selection. The new ordinance eliminates those geographic restrictions
thereby opening up the selection process and as more municipalities come into the
system it would be impossible to have representation for every municipality but
it does protect those three seats from the City of Miami.
Mayor Ferre: Excuse me, Father, I just want to put it on the record that we feel
a little bit different about every municipality because every municipality didn't
turn over a library system with over a million books.
Mrs. Ersoff: That's right. Well this is why we've made the great effort we have
to keep the City of Miami - well first of all, it is a legally binding agreement
that the county recognizes with the city.
Rev. Gibson: May I ask a question since I'm not privy to the ordinance? I do
not want us to get rid of our board now and then later on the county will do us
as is the custom. I would be opposed to getting rid of this board unless we have
a built-in provision because they started from us, You know just like the Water
System. You know I wE.nt to make sure that we have a voice in there in perpetuity.
Mr. Homan: That's what the county ordinance provides for and Mr. Knox will check
out
11.
DEC 151977
Rev. Gibson: Mr. Knox, does it specify that Miarr.i will have..-. specify? ...
Well, I'm always disturbed about the way we get the shaft. All of our resources
are gone and they tell us to go to hell. Well, I'm not so sure I always want to
go there.
Mr. Reboso: Is this a fifty member board?
Mayor Ferre: Nc. Let's go through the history of this so we don't get messed
up or. it. The City of Miami had the Miami Library System. That was turned over
to Metropolitan Dade County for zero money, there was no payment on Metropolitan
Dade County's part. Then in the turning over of the property there were certain
legal things, for example the downtown Library building reverts back to us, we
own the property as I understand or at least it will revert back to us when the
new library is built. That becomes our building again. Now, another proviso as
I understand it, Mr. Knox, and the legal document was that the City of Miami was
guaranteed, and that is a legally binding document, that three of the nine appoint-
ments, and I don't know whether it is three or one third are guaranteed to the
City of Miami. However, as I understand the way this ordinance'is drafted and
passed, it is the County Commission who appoints it is not the City Commission who
appoints.
Mrs. Ersoff: May I answer that?
Mayor Ferre: Please.
Mrs. Ersoff: Under the way the old ordinance was drafted the County Commission
appointed all members to the Miami -Dade Library Advisory Board. There was no in-
put from the City Commission. The proviso stated that three members of that County
Library Advisory Board be residents of the City of Miami and from the City of Miami
Library Advisory Board, the board that you have had on your ordinance books.
However, there was no input from the City Commission. Now under this new ordin-
ance which I worked very hard to help get passed the selection procedure is changed
drastically. The Library Advisory Board itself selects from a list an advertised
open list for candidates for the Library Advisory Board, it selects three names
and passes those three names along to the County Commission which will vote at
large, eliminating any political patronage from the selection procedure on those
names. In the case of the three spots for the City of Miami the Library Advisory
Boards would select the three names, send those three names to you, to the City
of Miami Commission, thereby giving you for the first time some input'into that
selection procedure. You would select your one name, your first choice and then
would send it onto the county for its ratification. If for any chance you did
not like the three names that we selected then you would send it back to us and
tell us to give you three nore names.
Mayor Ferre: I see. So in other words in effect what we do is we have a choice
of selecting one person.
Mrs. Ersoff: That's right.
Mr. Reboso: But it has to be ratified by the Metro Commission.
Mayor Ferre: Well there's nothing we can do about that, when we turned over the
Library System that's what happened.
Mrs. Ersoff: Right now they're selecting them without really your...
Mayor Ferre: In effect what you do, let me repeat it to make sure I understand
it. You select three names.
Mrs. Ersoff: Right.
Mayor Ferre; You send the City of Miami Commission three names.
Mrs. Ersoff: After advertising openly for City of Miami residents who are inter-
ested and qualified.
Mayor Ferre: I understand. You choose three names from the City of Miami then
we select one of those three and send it to the County Commission and they rati-
fy it.
Mrs. Ersoff: Right.
12
DEC 151977
Rev. Gibson: Then we only get one on it?
Mayor Ferre: That's correct.
Mr. Grassie: No, that process would take place for three different positions
Mrs. Ersoff: That's right.
Mayor Ferre: Oh, I see. That's why....
Mrs. Ersoff: You have three spots.
Mayor Ferre: But you would send us three names for each one,
Mrs. Ersoff: For each spot, right.
Mayor Ferre: I understand.
Mr. Reboso: That's different. When is that procedure going to begin?
Mrs. Ersoff: The procedures begin immediately upon...
Mr. Grassie: Well, if the City Commission, only if the City Commission adopts the
resolution which would abolish the board. I think in fairness and further clari-
fication we have to say two other things to you. (1) Since you did name the City's
Advisory Board, in fact, you have always had input with regard to who was on the
advisory board and consequently you did control who went on the county's board
although the county made the official appointment. Since you named the people to
the City board and they were the source for the County board you have always con-
trolled that. The other thing that should be pointed out to you, and this is really
a policy question on your part, on the last page of that attachment that we have
on this item on Item (A) if you turn to the last page and the last sentence there
is an excerpt from the original document and it indicates that the purpose of
having the City's Library Board as an advisory board and keeping that is to insure
continued high level of library service in the City of Miami. Now I think it is
a question of judgement on the part of the City Commission whether they will retain
that abilityto monitor and supervise the quality of service within Miami following
the new procedure. That is really something that you have to decide.
Mayor Ferre: No, no, no. The board is self-perpetuating in the same way
that the Downtown Development Authority Board is and the Off -Street Parking Author-
ity is. They, the board, would recommend three names for each position and we,
the commission accept or reject. If we reject they have to keep on submitting
names until we accept the name. Now, from a practical point of view so that we
all understand, now for example, Annie Ackerman doesn't come up until 1980 - 78,
80, 79, 79, 80, 78.
Mr. Reboso: There is one vacancy now.
Mayor Ferre: So there is only one vacancy now which is Mrs. Phillips' appointment
as I understand it.
Mrs. Ersoff: Right, but there are three city appointments sitting there right now,
myself, Mrs. Muir and Mr. Cameron which are the three original members of the old
city board who have been reappointed over the years. So then the first city vacan-
cy that would come up I believe would be Mr. Cameron in 78.
Mayor Ferre: Mr. Cameron comes up in September of 1978.
Mrs. Ersoff: Right, and at that time the advisory board would submit•to you three
namesand you would select one of those.
Mayor Ferre: I see.
Mrs. Ersoff: And it would be my hope that the County Advisory Board would have
the, would be charged with seeing that adequate representation for all ethnic
groups, when that spot came up I would like to see that we consider the blacks,
the women and the Latin question in terms of determining the names that we've sub-
mitted. I think that that is a charge to the board and a very direct responsi-
bility.
Mr. Reboso: I hope Metro will do the same thing.
13
DEC 151977
itt 4
Mayor Ferre: Mr. Grassie, I assume that the administration concurs with,,,that
you're recommending this procedure.
Mr. Grassie: It is in conformance, Mr. Mayor, with the process of establishing
City boards and commissions more reasonably and more effectively,yes. We, if you
wish us to also address the last question that I brought up to you which is
whether or not this is the best way of providing quality control for city library
service, that involves a judgement which we have not made yet. If you wish us
to make it you would have to tell us that and that is why I pointed that out to
you.
Mayor Ferre: ... But I don't see that we can make that decision right now.
Mrs. Gordon: I don't think that we have to make it but I would simply say that
it would be my opinion that the Library Board would certainly make recommendations
of qualified people and if you didn't happen to like this first selection you
would get another but in other agencies such as in the Health Systems Agency
the selections are made by the Health Systems Agency for the Public Health Trust
in the same manner - selected qualified people are given by multiples of three
to the County Commission for their selection and they are given with a variety
of ethnic backgrounds so that the commission then has the option of the selection
but they have qualified people to select from.
Mr. Grassie: The basic question that is in front of you I think is whether you
want the candidates to originate with the City Commission or whether you want
them to originate wich the County Library Board.
Mrs. Cordon: Whether it originated with the Library Board or with the City Commis-
sion it would appear to me that the Library Board would best know the aualifica-
tions needed to best serve the board and I think that is the proper procedure)
personally, I speak for one.
The following motion was introduced by Commissioner Gibson who moved
its adoption:
MOTION NO. 77-917
A MOTION OF INTENT TO ABOLISH THE CITY OF MIAMI LIBRARY
ADVJSORY BOARD.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
ABSENT: Commissioner J. L. Plummer
NOES: None.
14
DEC 151977
Alt 4
21, DISCUSSION OF FEDERAL REVENUE SHARING FUNDS FOR SOCIAL SERVICES REMAINDER
OF FY-1977-78,
Mayor Ferre: We have Dr. Ben Sheppard here who as you know is on the school Roard
and he has some important things that he has got to go and attend. So, Dr. Sheppard,
if you will forgive us for taking this out of order we'll hear you first and then
we'll get to the---. Dr. Sheppard.
Dr. Ben Sheppard: I don't know whether you want to go.into discussion of the en-
tire Federal Revenue Sharing.
Mayor Ferre: Dr. Sheppard, out of courtesy to you, sir, we recognize you for what-
ever you might want to say to the commission. After that the procedure is that
we're going to get into the staff's recommendations and why they've come to those
recommendations.
Dr. Sheppard: I'm here primarily to bring to your attention that the Miami Bridge
which has been supported the past few years through donations through our share
of the Revenue Sharing, formerly it was 30 or $35,000, today we have been reclass-
ified as an information and referral service and given nothing. I think the class-
ification is bad. This is not an information and referral service. This is a day
care center for adolescents, I can phrase it that way, sent to us from all parts
of the city, agencies, ... We take care of health, we take care of warm meals,
we give them three warm meals a day and to our astonishment last night I received
word from the local, from the man in charge of the Miami Bridge that our share this
year is down to zero. I think it is grossly inappropriate, I don't think the
classification i. right. I think our classification should be up with day care,
hot meals and I would ask you to reconsider because our expenses are going to be
very large this year. The diocese is carrying a big load. We're going to move,
we have to refurbish, we have a $10,000 lease which comes up later in the day,
Item 61 to sign with you and to put us as information and referral and to take us
out of top priority I think is grossly unjust.
Mayor Ferre: All right, any questions of Dr. Sheppard at this time? If not,
thank you, Dr. Sheppard.
Mrs. Gordon: Well, I was going to ask Mr. Donnie Horne with the new information
if he concurs now that it is a day care type of service.
Mr. Grassie: We'd be happy to answer any kind of questions, commissioner, but I
wonc:er if you want to get into individual things before they have even given any
kind of an overview?
Mrs. Gordon: The only reason why is that Dr. Sheppard has to go and prior to
his leaving it is I feel courtesy to have that question answered.
Mayor Ferre: While he is present because he has to leave in a moment, so I think
that is appropriate.
Mr. Donnie Horne: Mrs. Gordon, to answer your question, Miami Bridge was placed
in the information and referral category because as it was perceived by staff
that was their primary service that was provided. As was pointed out to you and
several other individuals there are agencies that apply to us that provide a multi-
plicity of services and in order to adequately or appropriately put these agencies
into category we have to deal with their primary service.
Mrs. Gordon: But now that you've heard the primary service is not information
and referral but, indeed, it is a care facility which cares for the physical needs
of individuals of the juvenile age, therefore, the primary service is care.
Mr. Horne: As I understand it, Mrs. Gordon, the Miami Bridge's main concern is
to help individuals especially youth who have problems, if they can solve that
problem in an hour or two or three days this might be the case. if an individual
comes to them with a problem and that problem can be solved in an hour then there
is no need for that person to receive the supplemental services that Miami Bridge
provides.
Dr. Sheppard: If you can answer any of these problems in one hour you join our
staff, I'll give you top priority. The kids stay with us sometimes 30 days. It's
not a primary care, we get cases referred from agencies, we get cases brought in
from police departments, we have children...
15
DEC 151977
4
Mr. Plummer: Mr. Mayor, may I try to cut this short? I think in fairness to
what staff is wanting to do, Doctor, you've been cut from I don't know the figure
to zero.
Dr. Sheppard: Thirty-five.
Mr. Plummer: All right. Now be truthful with us because you know our dilemma.
What is the minimum funding that you can get by with from this commission?
Dr. Sheppard: Twenty-five.
Mr. Plummer: Now, all I'm saying is we'll keep that in mind. I will keep it in
mind. All right? Now I think any other further discussion into your particular
program before staff makes their presentation I think is unfair. Ok? Now all I'm
saying is that let them make their presentation, you've made your pitch, you've
hit us all in the head, we've got instant communication, we know what your bottom
line is and then let's go from there. I think that is fair.
Dr. Sheppard: As long as you promise to keep it in front of your mind, don't put
it in the back here.
Mrs. Gordon: The only thing I was trying to get on the record, clarification of
the classification of service and J. L., you have taken that even a step further
which is more important but the two together make up the whole. Ok?
Dr. Sheppard: One final sentence. What I'm trying to say is take us out of that
referral thing, this is for the birds - information and referral, I don't know
where they dreamed that up. This is grossly inappropriate.
Mr. Plummer: They have wild imaginations, Doctor.
Dr. Sheppard: Yes. I think it is unfair and thank you for listening to me.
Mayor Ferre: Thank you, Dr. Sheppard. All right.
Mr. Rob Parkins: Mr. Mayor and members of the City Commission, before we begin
to review our categorical approach to Social Services funding today we would want
to briefly, and I'll emphasize briefly, review the transition from the Office of
Community Affairs to the Department of Citizen Services. You may recall that the
Office of Community Affairs was originally designed to contain certain City Man-
ager's Office related activities. Briefly they were the Citizen Services Analysis
which was the Revenue Sharing Evaluations, Day Care Community Centers, Cultural
Affairs, Intergovernmental Affairs and Manpower. By the nature of the growth of
the Office of Community Affairs certain opportunities for improvement became appar-
ent and that some of the Community Affairs activities....
Mayor Ferre: Wait a minute, let me see that first page. Ok.
Mr. Parkins: By the nature of the growth of the office there were certain oppor-
tunities for improvement that became apparent in that some of the Community Affairs
activities had requirements and functions that were more appropriately related to
other existing departments and some needed functions were not being provided at
all. We are proposing now under the Department of Citizen Services to provide
resource coordination from all sources for services for our citizens, continuous
and improved monitoring of funded programs, improved methods of insuring meaning-
ful citizen participation, coordination and planning for the creation of standards
to be applied to social services agency performance and where appropriate the initi-
ation of certain forms of direct services. The Citizens Services Department
creates the basis for addressing these improved opportunities through improved
structure and coordination. Very quickly they are the Federal Programs Division,
the Special Services Agency Coordination or Social Service Agency Coordination
Division, Social Services Delivery Division, Citizen Participation and the Cultural
Experiences Division.
Mayor Ferre: Now letme understand this again now. Let me repeat...
Mrs. Gordon: Mr. Mayor, can you cut the noise in the back?
Mayor Ferre: I've asked the Manager, this is the fifth time I've asked, there is
nothing else I can do. It is very simple, there is a young lady out there from
the Police Department but she just stands. You have to get somebody who is a
little bit more forceful.
Mr. Grassie: We just sent Captain Weaver out to check on this.
16
DEC 15197/
4 4
Mayor Ferre: Just say, "Look, this is a public meeting and if you want to talk
go outside". All right.
Mr. Parkins: Mayor, very quickly, and I'll just touch on each of those divisions
again....
Mayor Ferre: r just want to make sure we all understand that FP means Federal
Programs.
Mr. Parkins: Federal Programs Office...
Mayor Ferre: I'll tell you this is a small detail but in the future why don't
you write those things out because in five minutes I'm not going to remember what
SSAC and SDD and STD and this other stuff.
Mr. Parkins: Ok. What we should do and will do is provide you with a copy of
these remarks after we're finished.
Mayor Ferre: SSAC is Social Services Accumulation or what?
Mr. Parkins: Social Services Agency Coordination.
Mayor Ferre: And D is delivery.
Mr. Parkins: That is correct.
Mayor Ferre: And CP is?
Mr. Parkins: Citizen Participation, that includes our Citizen Response Center,
our Community Workers and our Public Opinion Center.
Mayor Ferre: Do we have a person for each one of those slots?
Mr. Parkins: Yes, we do.
Mayor Ferre: Would you identify who they are just so that we know who we're
dealing with here?
Mr. Parkins: Sure. Federal Programs is Dr. Ernesto Aragon.
Mayor Ferre: Is Dr. Aragon here?
Mr. Parkins: I don't believe he is, we did not ask anyone other than the SSAC
group to be here today. The Social Service Agency Coordination is headed by Don
Horne, Social Services Delivery is Luisa Calderin, Citizen Participation is Kathy
Luft.
Mayor Ferre: Is she here?
Mr. Parkins: Yes, she is. Kathy, could you stand up for a second? And the cul-
tural Experiences Division is headed by Marguerite Ross.
Mrs. Gordon: Who
Mr. Parkins: Marguerite Ross.
Mrs. Gordon: Is she here?
Mr. Parkins: She probably is not, she may be later because Kwanza I believe is
on the agenda.
Mayor Ferre: Ok.
Mr. Parkins: We have in our opinion constructed an organization that permits us
to manage and direct resources related to Citizens Services needs and the develop-
ment of this organization is such that the funding of the organizational compon-
ents relates directly to the source of resources managed, that is the basic Gen-
eral Fund Budget for Citizens Services is $147,830, virtually no change from the
General Funds originally provided to the Office of Community Affairs. The balance
of the budget is provided by Community Development Funds, Federal Revenue Sharing,
certain fees collected for services and CETA. This method of funding we believe
is appropriate in that as the source of funds change so then should that component
17
DEC 1519/
4
of the Citizen Services Department change. The recommendations relations related
to Social Services Funding that we are about to review is our first effort toward .,
the establishment of a Social Services Agency Coordination function as I had ment•
-
ioned previously. Our objective in this area has been to provide recommendations
tied to Commission/citizen priorities of service categories and to recommend within
those categories agencies to be funded in priority order to the extent that there
are available funds. In reviewing these recommendations then may I first intro-
duce our application evaluation team: Joyce Bell,...
Mayor Ferre: Why don't you come up so that the commission will have full view of
the people that are involved in the evaluations.
Mr. Parkins: Joyce Bell, Luise Carrascuello and Fred Sheppard and directing the
team and now coordinating the overall Social Service Agency process is Mr. Don
Horne who will review this year's suggested funding approach.
Mr. Plummer: Ok, now I'd like to stop right here for a half a second. Ok? I'd
like to start with you, sir, if you'd come to the microphone. This will be the
same question to all four. Very briefly, tell me what your background is that
qualifies you to be an evaluator.
Mr. Carrascuello: I have a Bachelor's Degree in Business Administration. However,
I worked with the City of San Juan in Public Relations and Social Services for
approximately 212 years.
Mr. Plummer: Prior to coming with the city.
Mr. Carrascuello: About two years before coming to the City.
Mr. Plummer: Fine, thank you.
Mayor Ferre: Are you Puerto Rican?
Mr. Carrascuello: Yes, sir.
Mayor Ferre: And you lived in San Juan and you were involved in the...
Mr. Carrascuello: With the Mayor of San Juan at the time.
Mayor Ferre: I see, just for the record.
Mrs. Gordon: Where do you live now?
Mr. Carrascuello: I live in the City of Miami on 30th Avenue and 4th Street north-
west.
Mayor Ferre: And you've been in the community how long?
Mr. Carrascuello: For close to a year, about 15 months.
Mr. Frederick Sheppard: My name is Mr. Frederick Sheppard. I have a Master's
Degree in Public Administration from Florida State University. Prior to coming
with the City I have been an intern in the City Manager's Office in Tallahassee.
I'm originally from Miami.
Mr. Plummer: Have you had any experience in the Social Services area?
Mr. Sheppard: Yes, I have always been involved in Social Services since I started
working. For instance, while I was in college I used to come home to Miami during
the summer and I worked with Dade County Manpower Agency as a Supervisor for the
Summer Teen Employment Program and we always....various social service agencies
thoughout the City of Miami.
Mrs. Gordon: How long have you been with the City, sir?
Mr. Sheppard: One year.
Mrs. Gordon: And where do you live?
Mr. Sheppard: 449 N.W. 41 Street.
Mrs. Gordon: I just wanted to know if you lived in the City, Q%,
18
DEC 151977
Ms. Joyce Bell: I'm Joyce Bell and I have AA Degree in Psychology. I am currently
working part time towards my Bachelors. I worked for three and a half years with
the Greater Miami Chamber of Commerce as an Administrative Assistant in Public
Relations, Membership and also Committee Affairs. ... No I'm not, I was born in
Honduras and I do live in the City.
Mrs. Gordon: And you have had experience with Social Service Programming?
Ms. Bell: Yes I have with the Greater Miami Chamber of Commerce..
Mr. Don Horne: I'm Donnie Horne. I have a Bachelor's Degree in Psychology and
Zoology. I've worked with the City for two years dealing with Social Service
Programs, Federal Revenue Sharing, Community Development and CETA grants.
Mr. Plummer: Do you live in the City?
Mr. Horne: Yes, I do.
Mr. Plummer: Mr. Parkins, sir, I want to complement you on a very very very fine
staff - excellent.
Mr. Parkins: Thank you, sir. I am of the impression that as the next year goes
by you're going to feel the same way about the entire department of Citizen Ser-
vices....
Mr. Plummer: That belief is shared by everyone who got funded.
Mr. Parkins: Yes, I know. And again may I emphasize this is discussion about
priorities and categories and the priorities of agencies within categories, Mr.
Horne.
Mr. Horne: Mr. Mayor, Commissioners, this morning we plan to briefly summarize
the evaluation process and what has happened in our previous meetings with the
commission, reiterate the fact that we are approaching this from a standpoint of
categorical funding rather than particular agency funding. We plan to look at
other funding sources, an overview of the city as a whole that has been given to
you as.backup information in the charts that you have in front of you. We then
plan to talk about our alternative funding approaches and, of course, we plan to
give you our recommendations for program funding. As you know, Commissioners, we
receive Federal Revenue Sharing dollars from the federal government. We are at
this time in I believe it is the 7th entitlement period. The congress at this
time has legislation before them that would extend Federal Revenue Sharing allocat-
ions to state and local municipalities. However, at this time as I said we are
phasing down on the end of General Revenue Sharing allocations to federal, state
and local municipalities and as we do that the entitlement for the City of Miami
is decreased, however, every year. This year the City of Miami has had to absorb
35% in total General Revenue Sharing Funds allocated to it over that amount allocated
by the government last year.
Mayor Ferre: You mean a reduction of 35%.
Mr. Horne: Yes, sir, a reduction of 35%. And taking this into consideration we,
therefore, have had to look at those types of services that would provide services
as deemed needed through participation of citizens of the City of Miami, staff
evaluation and, of course, input from the commission. This year the Office of
Community Affairs has received 40 applications rather from 48 agencies represent-
ing 63 programs for a total request of $4,329,557.38.
Mayor Ferre: Four million three and we have available one million three, just
rounding off, so we have basically between 25 and 30% of moneys as oppbsed to re-
quest.
Mr. Horne: Yes, sir. This year the approach to recommending funding levels for
Federal Revenue Sharing, Social Service Programs including Community Development
Task Force Citizen Participation Groups, independent surveys conducted by our of-
fice of citizens throughout the City of Miami; we've had input from the Commission
as of the November 8th meeting when we discussed categories of service and prior-
ities at that time and also staff has compiled a great amount of information re-
garding Social Service Programs and needs related to particular areas in the com-
munity. At this time I will direct your attention to categories of service prior-
ities as listed on the chart here. As you can see the categories are listed:
19
DEC 1 51977
4
Day Care, Hot Meals, Health, Employment, Youth, Recreation, Counseling Youth,
Transportation, Information and Referral, Economic Development and Legal Services.
As you can see they are listed in that order based on staff recommendations. Staff
recommendation is such that we take all the information available to us, incorporate
that with information we receive from citizens groups and surveys conducted through-
out the City of Miami and the input from the City of Miami Commission as to their
priorities of service categories and with all of the information available to us
and within budgetary guidelines align the categories in that manner.
Mr. Plummer: Mr. Horne, let me interrupt for a minute. Mr. Mayor, I think'in
fairness if we can, may I ask that the chart be put over here as we have done in
the past so that all the people in the audience can see it as well as the commis-
sion, you can stay at the microphone.
Mayor Ferre: Let me make sure now I understand, when you say citizens recommendat-
ion, is that the City of Miami Commission?
Mr. Horne: No, sir, those are recommendations that we have received from Commun-
ity Development Task force and through evaluation of surveys conducted in the Clty
of Miami related to Social Services Programming.
Mayor Ferre: All right, so in other words you don't have there the classification
that the City Commission set for priorities.
Mr. Horne: That, Mr. Mayor, was incorporated into all of the information that we
had available and using that information with the available information that we
had the categories were arranged in that manner.
Mayor Ferre: Ok.
Mr. Horne: As I pointed out to you our main focal point this year is to lean
toward a categorical approach to funding and not necessarily deal with agency by
agency but those categories of services as deemed needed throughout the particular
communities in the City of Miami.
Mayor Ferre: Let me ask one question that struck me when I looked at that. You
mean to tell me that the citizens who participated in this process thought that
recreation was the second most important, that they thought that it was more im-
portant than hot meals or day care? Recreation?
Mr. Horne: Yes, sir, that is correct.
Mr. Plummer: How close was two and three from the citizens' standpoint? In the
voting how close was it?
Mr. Horne: It was very close.
Mr. Plummer: It is just inconceivable to me that people would be more concerned
about play time activities than they would be about food. I find that very very
hard to fathom, I really do.
Mr. Grassie: A lot of working people, this really takes care of their kids.
Mr. Plummer: Well, obviously those people who were doing the voting were not
hungry people. Ok. But you say that items two and three were very close in the
voting?
Mr. Horne: Yes, sir.
Mr. Horne: As you can see here this is a chart of areas of funding responsibility
"as we have outlined by category of service with those governmental agencies being
primarily responsible for funding these categories and secondarily responsible for
funding these categories. This is given to you to point out the fact that while
the City of Miami chooses to supplement existing services that are needed in the
City of Miami that there is no real primary responsibility for providing these
types of services. Outlined on this chart we have other funding sources by cate-
gory of service, the amount allocated to that category and the percentage of the
total funds allocated. If you recall, on the report that was made to you on Sept-
ember 24th we broke out this 6.2 million dollars by category of service and by
agency that was receiving the funds in that particular category. As you can see,
the bulk of the money goes, approximately 57%, goes to employment. However, we
look at employment such that employment is spread out throughout all of these
categories in that most of these moneys come from South Florida CETA Consortium
and is spread out over all of the categories of service. If you will also note
tat second to that would be health and third in order would be day -evening care.
20 DEC 151977
Mayor Ferre: Excuse me, let me make sure I understand this. This 6,275,000 in, -
eludes the million one three from the city...
Mr. Horne: No, sir, it does not. It includes Community Development from the
County, Dade County Human Resources, United Way, Health Rehabilitative Services
and South Florida CETA Consortium other than city.
Mayor Ferre: In other words this is the allocation from every other source other
than the City of Miami.
Mr. Horne: Yes, sir.
Mayor Ferre: The 6 million 3 does not include the million 3 froth the City.
Mr. Horne: No, sir, it does not.
Mayor Ferre: Ok.
Mr. Horne: At this time as I pointed out to you earlier the charts that are pres-
ented are related to the overview of social services as a whole. It is primarily
for backup information and is designed to show you the types of information that
staff is gathering to use as a data base for future analysis and recommendation
for social service funding in the City of Miami. If I would now, I'd direct your
attention to page 32 in the hand out that was given to you. Briefly to summarize
these charts these charts are laid out by category of service and are intended to
show you the agencies that have applied to the City of Miami for funding and whether
or not they receive Federal Revenue Sharing allocations in 76-77, whether or not
they received CETA positions and their total allocations for 1976-77. It also
shows you Federal Revenue Sharing Funds requested, those CETA positions requested
and the total allocations requested for 1977-78: You also have listed here Com-
munity Development Allocations from the City of Miami for 1977-78 and recommended
CETA and Federal Revenue Sharing allocations. The CETA allocations are highlighted
by an asterisk next to that dollar amount which would, therefore, correspond to
the number of positions being recommended to be provided.
Mayor Ferre: By employment do you mean employment agency? I see that there are
two CETA positions for employment, these are employment referral agencies or employ-
ment agencies?
Mr. Horne: Yes, sir, they are . If I may now direct your attention to page 42...
Mrs. Gordon: Before you go that far, on page 34 where the asterisks are, that's
the CETA funding, right?
Mr. Horne: Yes, ma'am.
Mrs. Gordon: And is that a decision that was made by recommendation of your office
or is that the Consortium's recommendation?
Mr. Horne: The recommendations made on this page in the last column are recommenda-
tions made by staff.
Mrs. Gordon: I would like to ask a question although I think it is important that
we do ask questions if we do have some reason for it. Number 7, the Metatherapy
Institute, isn't that located out of the City of Miami?
Mr. Horne: Yes, Mrs. Gordon, that is located out of the City of Miami, however,
I have documentation to prove that they serve a great majority of City residents
and as you'll note the funding recommended for them is in the form of four CETA
positions.
Mrs. Gordon: Have they a valid license?
Mr. Horne: At this point I don't know what the status of their license is, however,
all recommendations are contingent upon the fact that the agency meet the necessary
criteria for receiving these funds.
Mrs. Gordon: I know that their license is still under consideration. Then on
number 6 which is Village South Counseling Center, correct me if I'm wrong but is
this the one that has filed suit against the City a few years ago?
Mr. Horne: Yes, ma'am, I'm glad you brought that up because I would like to point
out right now a typographical error. As you can see in the far right hand corner
under recommendations for CETA and FRS allocations on page 34.... That is a
21
DEC 151977
typographical error in that. They will not be recommended for the three CETA posit-
ions.
Mrs. Gordon: They are not, that should be crossed off our list.
Mr. Horne: That is correct.
Mrs. Gordon: Thank you.
Mr. Plummer: In the cases where CETA monies are being used for staffing purposes,'
is that included in the million three?
Mr. Horne: I don't know if I fully understand your question, Commissioner Plummer.
Mr. Plummer: We have,for social services,from Federal Revenue Sharing,a million
three....
Mrs. Gordon: A million one.
Mr. Plummer: I don't see a total. Now, what I need to know, let me just use one,
number 5. It is recommenced for one CETA position I assume, that's 10,000 or is
that 10,000 plus a CETA?
Mr. Horne: No, sir, the dollar figures are corresponding to the number of CETA
positions that they are being recommended for.
Mr. Plummer: Then do I assume that that is not included in the total of a million
three?
Mr. Horne: No, sir, it is not.
Mr. Plummer: Ok, that's what I needed to know. Well, really in fact why is it
even here except, is it just here for the purposes of showing what these agencies
got?
Mr. Horne: It is here for the purpose of showing you that with having received a
reduced application for federal social service programs we are trying to supplement
that as best we can with available CETA positions and provide in effect another
resource in order to offset the demand for social services.
Mr. Plummer: What page do I go to that gives me the total amount that sums up to
the million three? ... Forty-one?
Mayor Ferre: You're talking about the recommended.
Mr. Plummer: Yes, the recommended. ... Donnie, if I start on page 40 with num-
ber one does that together with.... Yes, but Mr. Grassie, what I'm trying to do
in mind, where I'm confused, we come to the bottom line which is on page 41 which
is the 1,285,000. Where do I find in all of this mass of paper where I see exact-
ly those things that are being funded with that 1,285,000? Is there such a page?
Mr. Horne: Yes, there is.
Mr. Plummer: Which page is that?
Mr. Horne: That, and if I may say this, is stepping ahead of our presentation a
little but that is included on page 47 and 48. That is the funding within budget-
ary guidelines.
Mayor Ferre: J. L., why don't you let it go for now.
Mr. Plummer: Ok, I'm just asking, Maurice.
Mrs. Gordon: That's why I'm trying to retain my questions to the page we're on
because then we don't have to go back. Again, I have a question on 7. Even
though you explained it that their clients are city residents they're not all city
residents are they?
Mr. Horne: No, Mrs. Gordon but then several of the agencies that receive funding
do not serve entirely city residents.
22
DEC 151977
Mrs. Gordon: Somehow or other, I recognize you're absolutely right that some of
those who are in the city are not serving only, we're not monitoring only city
but somehow or another we ought to be you know. But when we fund them, they're
not even paying real estate taxes because their location is out of the City, that
even goes a little step further in whether we have any right at all to be involved
with them. Now I don't even know this group, I never heard of it before. I just
know that they are not in the city and I ask you to look at that again because
I understand you also have a shortage of slots that are available for distribution,
CETA slots and is there perhaps a worthwhile agency residing residents -wise in the
City that serves young people that isn't receiving any CETA positions at all?
Mayor Ferre: There is a corollary to that that has to be asked immediately with
that question and that is from what Metropolitan Dade County is funding how many,
how much are we getting from those sources because if we take, and I'm not saying
that I disagree with that, Rose, because if we take a strictly parochial view say-
ing only city based --- Is Metro going to turn around and say well you take care
of the city and our funds will be used for everything but City of Miami.
Mrs. Gordon: No, not necessarily so because don't forget all of us are Dade County,
all of us pay Dade County's taxes and we're not excepted from it but Naranja is
excepted from paying the City of Miami any money.
Mayor Ferre: That's precisely the point.
Mrs. Gordon: That's the point.
Mayor Ferre: See, but it is precisely the point because Metropolitan Dade County
even though we are citizens of Metropolitan Dade County you know just as well as
I do that on many many occasions, for example with the Decade of Progress Bond
money we're paying a third of those bonds and yet we're not getting a third of
those funds.
Mrs. Gordon: Well, that's wrong too.
Mayor Ferre: I guess what I'm saying is that I agree with the premise that you've
established but I think we have to be careful of weighing this thing out because
if what we're giving up is less than what we're getting then I think we've got to
take that into account. I don't know that we're getting more, that's a question.
Mrs. Gordon: Maurice, we must remember that we set precedents of what we do and in
my recollection we have never funded an agency out of the city. Ok?
Mayor Ferre: It's a valid point.
Mr. Horne: As was pointed out earlier, Commissioner, these charts that rank from
page 32 to approximately to page 41 are meant as backup information, are designed
to show you those agencies that have applied to the City for funding and what
they've received in the past and what is recommended for them in the future. If
I may now direct your attention to page 42 where we will get into our alternative
funding approach, as you can see listed here there are three funding approaches
that staff has developed. However, one of those we will be recommending. The
first of which, the optimum funding approach would be those agencies that would
be recommended for funding based on the amount of dollars that they've asked for
to run a program. This is saying that regardless of the amount of dollars that
we had if we had enough fund the agencies that requested that would be recommended
this would be our funding approach. As you can see the total on that comes to
roughly two million and one which we do not have to allocate. Secondly, we have
our agency funding at budgetary reduction level. This approach wa's devised with
the intent of saying that assuming that the City of Miami has received the 35%
cut from the federal government and social services program funding has also re-
ceived such a cut we would uniformly ask those agncies applying to absorb a cut
in funding in order to meet our budgetary guidelines. However, even in doing
this recommending agencies or funding agencies that would be recommended for fund-
ing is well over our budget. We now move to the third approach which as I pointed
out earlier the funding within budgetary guidelines approach. In developing this
approach staff has taken the information available to them through meeting with
the citizens, the information that we have gathered from other sources and also
the information supplied to us by meeting with the Commission before on several
occasions and have developed this paproach to fund those categories of services
with the available dollars that we have. In doing that we would recommend that
seven agencies be funded in the category of health, however, only two of those
agencies would receive Federal Revenue Sharing dollars the other five would re-
ceive CETA positions. In the category of hot meals we would recommend that four
agencies be approved for funding with all four of those agencies receiving Federal
Revenue Sharing dollars. In the category of day and evening care it is recommended
23 DEC 151977
that three agencies receive funding from Federal Revenue Sharing dollars. In
the category of employment it is recommended that one agency receive funding
with Federal Revenue Sharing dollars and in the last category, Recreation, it
is recommended that four agencies receive funding with Federal Revenue Sharing
dollars. You can note on this funding within budgetary guidelines chart, however,
that there is a mix of CETA dollars and Federal Revenue Sharing dollars. On page
49, if you will, is a Federal Revenue Sharing secondary funding list. This list
was developed because staff saw the need to develop such a list because these are
the other categories of service which we are looking at for providing social ser-
vices within the City of Miami to city residents. However, these categories of
services1as aligned by staff1fall in a lower priority than those that are being
recommended for funding. It is recommended by staff that if dollars were avail-
able that the agencies listed here in these categories would be recommended for
funding and as you'll note it would cost approximately $213,000 to carry these
agencies for the balance of this fiscal year.
Mrs. Gordon: What page are you on, Donnie?
Mr. Horne: Page 49. One thing the staff has also had to do this year in trying
to maintain a level of services that were provided last year or make sure that
essential services are not cut back is to look at the agencies that received fund-
ing for fiscal 76-77 and compute their account balances to see if, in fact, any of
those agencies as we call it were over -funded such that they have account balances
that would necessarily point out that at the time that they were funded they were
over budgeted and as is a practice that is employed by the federal government we
would seek to reduce the agency's requested amount by that amount which was left
over at the end of their 1976-77 fiscal year. As you can see there are five agen-
cies on this sheet that have asterisks next to them. These agencies are being recom-
mended for funding, for continued funding for the 1977-78 fiscal year and will be
requested by staff and recommended that they have their allocations be reduced by
the amount that were available to us to be used to reappropriate for fiscal 77-78.
As I stated, on page 49 the secondary funding list immediately after page 50 there
is a chart that shows you the agencies recommended by category, their recommended
allocation, those agencies that have received 1/6 allocation to date, that would be
carry over funds for the month of October and November that was provided for 76-77
agencies because the appropriations had not been passed as of yet. The remaining
to be allocated to those agencies that have received 1/6 and also the last column
we have provided funding to give those agencies that are not being recommended for
funding because of funds not being available an opportunity to phase their city
funding portion out over a period of 30 days which would give them an opportunity
to seek funding sources elsewhere. At this time I believe that concludes staff's
presentation, however, with the recommendation that within the perimeters that we've
received from the Commission, from citizen:- and from staff evaluation and the amount
of available funds we would recommend that the agencies listed on the funding within
budgetary guideline sheet be funded at this time.
Mr. Plummer: Let me ask you a question. You indicated that there was a typographi-
cal error on Village South. What is your new recommendation there or the correc-
tions?
Mr. Horne: The correction would be an agency that I had contact with and have seen
to be a very suitable agency. It is an agency that is named South Florida Assoc-
iation of Parents of the Deaf. They would be recommended to receive three CETA
positions.
Mr. Plummer: You know that I know the answer but I just wanted it on the record.
Now, let me ask a couple other questions just for a basis. (1) There are no new
programs being funded?
Mr. Horne: Not out of Federal Revenue Sharing dollars, sir.
Mr. Plummer: Well, that's primarily what we're talking about. A question that has
always been asked at this commission: What is the percentage of dollars out of the
total revenue sharing being dedicated to social services where we know that across
the country an average of 5% is the average, what is the City of Miami dedicating
to social services?
Mr. Parkins: Don, if you don't mind, it is 9.8%, Commissioner.
Mr. Plummer: Call it 10. So what you're really saying is that we're doing more
than double or double what the national average is.
Mrs. Gordon: The recommendations that were handed down that I recall, J. L., were
10%, not less than 10% should be allocated for social services from Federal Revenue
Sharing dollars We're doing just what the guideline said, we're not twice as
much we're slightly under but we're doing what we can.
24 DEC 151977
Mr. Plummer: Ok.
Mrs. Gordon: Donnie, on page 51 I would like some clarification because I'm not
exactly sure what you have outlined here. You have a recommended allocation column
the n you have a 1/6 allocation column and then you have a remaining to be
allocated column and that is higher than the first column and I just want you to
explain that to me.
Mr. Horne: Mrs. Gordon, you're absolutely right and if I may point out I'm glad
you brought that to my attention, that is only in the case of the first two agen-
cies in the health category.
Mrs. Gordon': How does that come about?
Mr. Horne: That is a typographical error because these sheets were made up and
several of the recommendations were changed based on staff evaluation of the program
and the available dollars and unfortunately that is an oversight on the staff's part.
Mrs. Gordon: Well, what should I change it to?
Mr. Horne: That would be in the case of the Coconut Grove Family Clinic the total
would be approximately $83,333.34. I'm on page 51 at the top, Coconut Grove Family
Clinic.
Mr. Plummer: You're saying change that from what to what?
Mr. Horne: From $113,333.34 to $83,333.34.
Mayor Ferre: How much did they get last year?
Mr. Horne: $100,000.
Mrs. Gordon: And then the second one would be the first column minus the second
column and would be your third column. And how about the totals then would be dif-
ferent also?
Mr. Horne: Yes, ma'am, the totals would change correspondingly.
Mrs. Gordon: And on the bottom, we don't have the last two under the next ones,
they are already in the correct order, correct?
Mr. Plummer: bonnie, does this allow the Coconut Grove Family Clinic to pick up
their matching funds?
Mr. Horne: To my knowledge7no7this won't, Commissioner Plummer. However, in an
effort to equally distribute funds throughout the categories of service and show
no favoritismto agencies it was kept, all funding recommendations were kept at last
year's recommended level.
Mayor Ferre: ... Any other questions? I'm talking about the commission now.
Any other questions from the members of the commission? Well, what is the pro-
cedure that we want to follow at this point?
Mr. Grassie: The recommendation, Mr. Mayor, is that the City indicate in principle
at this point and Committee of the Whole after your full discussion of whether or
not you find that the recommendations of the staff with regard to the agencies to
be funded meet with your approval. If so'if you indicate that,we will bring that
back as a resolution for you, formalizing it later on in the afternoon.
Mrs. Gordon: We heard from Dr. Sheppard, we have yet to discuss it.
Mayor Ferre: We're going to get into that in a moment.
Mr. Reboso: Before we listen to more people I would like to say just for the record
that I think the problem every year is bigger and bigger. We don't have, we have
the same amount of dollars....
Mayor Ferre: Less, 35% less.
Mr. Reboso: Ok. And we have more and more programs. I haven't had time to make
'an evaluation of the interoffice memo that I received from Mr. Parkins, I am not
ready to vote today. Ilfor one,have to think it over. I think more and more every
year;I think J. L. was right three years ago when he said we should not go into
these programs. So at this time I am not sure but I want time to think it over.
Mayor Ferre: Are you making that in the form of a motion?
25
DEC 151977
Mt. Reboso: If you need a motion...
Mayor Ferre: We have to express, you know if that's something that you say that
you are not prepared to vote today on this matter you know that is 1/5 of the
opinion now. We need to get the consensus of this commission...
Mrs. Gordon" Donnie, your answer to the previous question was were there any new
programs that were being funded or recommended for funding and you said no.
Mr. Horne: I said that no new programs were being recommended for funding using
Federal Revenue Sharing dollars. However, we are recommending new programs using
CETA positions.
Mr. Plummer: Yes, but you see,you're confusing the issue in my mind, Donnie.
You're confusing the issue trying to be helpful. It is givinglin my estimation,a
false impression because as on the agenda it is discussion of Federal Revenue Shar-
ing monies, not CETA monies. Ok? Now you're trying to be very helpful and tell
the commission, "Ok, we couldn't give them those Federal Revenue monies but we want
you, the commission,to know that we're helping them in another way" and where you
have combined the two to try to be helpful, in fact, is misleading, if you understand
what I'm saying.
Mr. Horne: If you'll note, Commissioner Plummer, on page 47 and 48 in the document
that was handed out to youpthis is broken out into the two separate categories so
you can see exactly where each is going.
Mr. Plummer: That's why I asked the question previously. You know, where is the
bottom line. Now as I read 47, just for the record so we don't misunderstand, there
are, in fact, 19 agencies that are receiving Federal Revenue Sharing monies. Is
that correct?
Mr. Horne: No, sir, there are 19 agencies that are being recommended to receive
Federal Revenue Sharing monies.
Mr. Plummer: Ok, I stand corrected. All the rest of them that are shown in here
are receiving CETA monies. You see, you show it in here. Mr. Grassie, I under-
stand that but there are some here, one where it was $10,000. They're not receiv-
ing any Federal Revenue Sharing money, they are receiving CETA money.
Mr. Horne: Which agency are you referring toy sir?
Mr. Grassie: St. Alban's,for example,on page 48, number 3 under Day Care. St.
Albans is receiving $10,000 of CETA money and no Revenue Sharing money.
Mr. Plummer: Right. But it gives the impression that they are in here for Federal
Revenue Sharing and they're not.
Mr. Horne: And if I may, Commissioner, in fact, they are. Their recommended allo-
cationis not on this sheet, however, it is on the supplemental sheet that includes
the phase -out funding.
Mr. Plummer: Ok.,we understand,and I think the Commission is well behind the fact
that these agencies which arellet's say being denied this year,are going to be given
money to phase out their program. I don't think anybody would find any problem
with that but basically they are not for this coming new fiscal year receiving any
money, just phase -out funds, that's all. And you might want to keep in mind for
the coming year that you allow a percentage in this as a contingency for the purposes
of phasing out agencies that are not going to be further recommended or further
funded.
Mr. Reboso: Mr. Mayor, if we are going to listen to everybody involved in the Feder-
al Revenue Sharing I think it is going to take two or three more hours.
Mayor Ferre: More than that.
Mr. Reboso: I propose that we postpone the meeting and set aside a day just for
Federal Revenue Sharing -Social Services and then decide what we are going to do
that day but set aside the day because today we are not going to have the time.
Mayor Ferre: How many people would like to speak today, would you raise your hands?
Just raise your hands, speakers. Now if you don't raise your hands I'm not going
to recognize you later on and I'm going to remember. Twenty-six.
26
DEC 151977
Mrs. Gordon: Mr. Mayor, of the hands that went up how many of you are on the recom-
mended list?
Mayor Ferre: How many of the people who wish to speak are on the recommended list?
Do you understand that? That want to speak. ... Oh, you don't have a list?
Mr. Reboso: Nobody knows the list, that's the problem. People have found out about
the list this morning, nobody knows who is on the list and who is not on the list.
Mayor Ferre: I thought, Mr. Manager, that all of these agencies that are receiv-
ing funds this year had been talked to or had been given the information.
Mr. Grassie: I have that assurance, Mr. Mayor, but let's ask the staff to respond
to it. I believe that is true.
Mr. Horne: Yes, sir, Mr. Mayor, all the agencies were called and notified what
staff would be recommending and they were informed that there was a Commission
Meeting today and that we would be making recommendations....
Mayor Ferre: ... I'm not asking you whether you were informed at four in the
afternoon or two in the afternoon or when but who was not informed that they were
going to be cut and who knows or feels that they're going to be cut today? Anybody
not informed? So you were informed. All right. So you know whether or not your
program is recommended or not.
Mrs. Gordon: Sorry, sir, I didn't hear you. ...
Mayor Ferre: Well what is your program? Who? Ayuda.
Mrs. Gordon: A new program?
Mayor Ferre: Is this a new program?
Mrs. Gordon: Well you heard his statement, in fact, repeated two or three times
to me, no new programs are in the recommended list so consequently.... Oh.
Mayor Ferre: Well I think I see what happened. What you did was, and I understand
it, you called the people that havc been funded in the past you didn't call those
that are new programs.
Mr. Horne: No, sir, Mr. Mayor, an attempt was made to get in touch with every
agency that applied for funding. My staff informs me that we had three numbers
for that gentleman and could not reach him at either.
Mayor Ferre: Ok.
Mr. Reboso: When was that? When did you try to reach them?
Mr. Horne: This was done yesterday, sir.
Mayor Ferre: Well, they didn't come to a conclusion until two or three days ago
and that's probably why this was all done yesterday.
Mrs. Gordon: You know their job is incredible,really and truly. J. L., you com-
plimented them but they're not super human beings and we aren't giving them a lot
to work with.
mom Mayor Ferre: We11tI think frankly, Rose, they did an amazing job considering there
is only one person that wasn't reached.
Mrs. Gordon: Yes. I'm complimenting you.
Mayor Ferre: There's only one outfit that wasn't reached, that's really something.
Mrs. Gordon: That's astonishing, really. Again in my request, the agencies that
were told they were being recommended for approval, you were told you were not or
you were, raise your hands please.
Mayor Ferre: If you want to talk, right?
Mrs. Gordon: If you have already put your hand up to speak. I want to know how
many of those who wanted to speak were on the recommended list,
27
DEC 151971
Mayor Ferre: Do you understand the question now? If those of you that want to
speak, that want to be heard by this commission and you are on the recommended
list for funding raise your hands. ...
Mrs. Gordon: No, just the ones that we have money for - supplemental we don't
have money for.
Mayor Ferre: These are the people that are being funded. You are on the recom-
mended list for funding, do you wish to be heard? Is that the question, Rose?
Mrs. Gordon: That was the question, I just wanted to know.
Mayor Ferre: Raise your hands, those of you that want to be heard. Six, I see
duplications here so would you loudly give me the name of the outfit that you re-
present that wants to he heard since you are being recommended for funding. We'll
start on this side. Anybody here? Action. Will you write that down, Mr. Clerk.
Is that a program? I'm asking now and I don't want to be repeating this over and
over again, the name of the program. Puerto Rican Opportunity Center is not on
the recommended list. I'm asking the question: Only the recommended people that
want to be heard. Now we start again with Action, is Action a recommended? Yes
they are.
Mrs. Gordon: No, they're not, they're supplemental.
Mayor Ferre: Which is Action?
Mr. Horne: That's a transportation program in Little Havana.
Mayor Ferre: Action is not recommended at all so you're not part of that. Now
the next one. Yes, ma'am. Downtown Methodist Community Center. All right, next.
Yes, ma'am. City of Miami Day Care Center. Next. Umbrella is not on the recom-
mended list so I'm not asking for you now. I'll get to you later. Next.Transpor-
tation Foundation for the blind, are they recommended? You're not included.
Anybody else? So in effect, excuse me? So in effect we have three pelple in
answer to your question, Rose, that are recommended that wish to be heard. Coco-
nut Grove, the Methodist food program and Day Care, those are the three. Now
that's the answer to your question, Rose.
Mrs. Gordon: What it tells us is that there are a lot of people that need money
and want funding and we haven't got it.
Mayor Ferre: Well, what it says is that those that got money who obviously they
want to be heard because they want more.
Mrs. Gordon: Well they have either a problem with the amount we've allocated or
something.
Mayor Ferre: Well,now the problem is this. Is Plummer around? Is Gibson here?
Well,we need Plummer back in the room. Mr. Plummer, we need you here just for a
moment and you can... I want you physically here not spiritually. We have to make
a decision now. The decision is we have one commissioner who has made a statement
that he is not ready to vote today and he thinks this is much too complicated a
thing to be heard today and he wants to set a specific date the first of January
for discussion purposes. Nowlthe question is what is the will of this commission?
Mr. Plummer: Do you want me to express my opinion?
Mayor Ferre: I don't care what you do I just want you present.
Mr. Horne: Mayor Ferre, if I may, sir, point this out, sir. If no action is taken
today, for the past two months we've made appropriations to carry over existing
agencies at 1/12th allocation which cost the city approximately $110,000 in Revenue
Sharing dollars. If this were to he done again we would, therefore, reduce the
amount we have to allocate by that much, and therefore, have to again reduce either
agencies or services.
Mayor Ferre: That is very correct.
Mr. Plummer: Well" Mr. Mayor, let me say this, it was my understanding that this
was scheduled today as a Committee of the Whole action. If you read the agenda it
is scheduled for discussion among the commission. If I can find fault which I
really don't want to but to justify I think the problem is wrong as to where the
people were invited to come down here where we didn't have the opportunity to see
28
DEC 151977
this first, to digest it and then go into a public hearing. Mr. Mayor, I don't
have any qualms about the fact that it is going to take three to five hours to
hear this item and I think in fairness that we should set aside a day in January
to do nothing but hear Federal Revenue Sharing problems. Either way, it is a
problem so,for. one, Mr. Mayor, I am expressing that we don't hear anybody today
that we do just what is called for on the agenda, get all of the Commission's quest-
ions answered and schedule a day in January when we do nothing but listen to the
public and handle nothing but Federal Revenue Sharing money.
Mayor Ferre: Is that a second on the motion?
Mr. Plummer: I didn't hear the motion.
Mayor Ferre: Reboso made a motion to that affect. Would you repeat your motion.
Mr. Reboso: The motion was exactly the same, J. L., that we set aside a day in
January to hear just Federal Revenue Sharing - Social Service allocations.
Mr. Plummer: Well yes, then I'm seconding the motion. Now, Mr. Reboso, I hope
that your motion carries the intent that possibly this could be early, like the
5th of January, as early as possible to alleviate problems being brought out by
Mr. Horne.
Mr. Reboso: Let's select a day right now.
Mr. Plummer: The 5th is fine with me. ... Mr. Grassie, I might further suggest
that we move into the Orange Bowl - I'm kidding - but I would suggest, Mr. Grassie,
that ae go to Bayfront Park Auditorium where we do have more room and we don't have
people crawling all over the balconies.
Mr. Grassie: We'll certainly do that, Commissioner. The 5th of January?
Mr. Plummer: That's what I suggested, I don't know what the rest of them....
Mayor Ferre: Where do you want to meet?
Mr. Plummer: At Bayfront Park Auditorium where we have more room. ... Oh yes,
that's true.
Mrs. Gordon: Maurice, don't change it to Bayfront Auditorium.
Mr. Plummer: Mr. Horne, let me find fault for a minute if I may, if there is a
fault. You refer to the fact that 1/6th of this money has already been spent.
I'm assuming that you're speaking to the months of October and November. Now, in
reality this was not brought to this commission until December. Correct? For a
final action.
Mr. Grassie: In terms of final action allocating money that is correct, Commissioner.
Mr. Plummer: Ok. Then I have to find fault with your department of why this
wasn't done in September or August which have, in fact, put us into this two to
three month delay and I'm asking why. I complimented you all morning.
Mr. Horne: Commissioner Plummer, as was pointed out to you in our meeting on Sept-
ember 24th at the Bayfront Park Auditorium,we were still at that time due to the
number of applications that we received and the extent to which we go through our
evaluation process at that time the evaluation process was still under way. At
that time we pointed out to you that in order to make provisions for these agencies
that it would be necessary to pass a 1/12th allocation.
Mr. Plummer: Thank you.
Mayor Ferre: All right, we have a motion and a second. The motion is that nothing
is going to be heard today and that we will hear --- What time are we going
to convene? nine o'clock in the morning?
Mr. Grassie: It has been suggested nine o'clock in the morning on the 5th of
January in Bayfront Auditorium.
Mrs. Gordon: I don't know why you're going to go to Bayfront Auditorium. Let's
not kid ourselves, we have a very skimpy amount of money, you're going to invite
a million people to listen to it and then tell that many more people to go home and
forget about it. This is an adequate place because you can't, and you know and I
know and we're all kidding ourselves if we think we're going to make very many
29
DEC 151977
1
changes from what staff has already recommended. There isn't going to be very
many changes so let's have it here, this is City Hall.
Mr. Plummer: Fine.
Mayor Ferre: We'll have it in City Hall. ... Welllobviously they're going to
continue to be funded.
Mr. Plummer: Well, let me make a motion right now because there is an inequity
here and I want to make this motion if nothing else. Mr. Mayor, I want to make a
motion which says that any program that is presently funded that is going to be
cut in the final analysis be given money to phase out for 30 days.... No? You
don't want phase -out money? ...
Mayor Ferre: You'd better think about what the motion says.
Mr. Plummer: I'm just trying to protect the agencies who are raising the question.
Mayor Ferre: Well, in the first place, Mr. Plummer, that motion is out of order
since there is a motion on the floor at this time. Further discussion on the
motion? Call the roll.
The following motion was introduced by Commissioner Reboso who moved
its adoption:
MOTION NO. 77-918
A MOTION TO DEFER CONSIDERATION OF FEDERAL REVENUE SHARING
FUNDS FOR SOCIAL SERVICES AND ESTABLISHING THE DATE OF
JANUARY 5, 1978, AT 9:00 A.M.,TO HEAR REQUESTS FOR FUNDING.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
MayorMaurice A. Ferre
NOES: None.
Mayor Ferre: Now, Mr. Plummer, with regard to your motion about phase -our money.
Mr. Plummer: Mr. Mayor, I am concerned about those agencies which will be, in fact,
terminated. Now, I don't know what they are today,because we have not made our
final analysis but I do feel that those programs have got to have money to wind
down. Now,the only way we can do that is to make and establish a policy, Mr.
Grassie, that whatever ones that are now being funded that are terminated in the
final analysis be given a prorata share equivalent to 30 days of winddown. I make
that in the form of a motion.
Mrs. Gordon: What about the funding for the month of December for the agencies
now?
Mr. Plummer: Rose, that 30 day clock does not start running until the 5th of
January.
Mrs. Gordon:
in operation.
Mr. Plummer:
Yes, but you've made no provision for December's funding and they're
... Then you'd better do it as a dual motion, make it together.
I'll make a second motion.
Mrs. Gordon: Well put them together.
Mr. Plummer: I make a motion that we allocate one more twelfth of the funding to
keep the programs on -going for December (b) that 30 day monies be allowed for those
agencies which are terminated starting January 5th.
30
DEC 151977
The following motion was introduced by Commissioner Plummer who moved
its adoption:
MOTION NO. 77-919
A MOTION ALLOCATING ONE TWELFTH (1/12th) OF SOCIAL SERVICE FUNDING
FOR 77-78 TO FUND SOCIAL SERVICE AGENCIES FOR THE MONTH OF DECEM-
BER 1977, (SEE LATER RESOLUTION 77-971); AND STIPULATING THAT ANY
CURRENTLY FUNDED SOCIAL SERVICE PROGRAMS RECOMMENDED FOR TERMINAT-
ION SHALL BE ALLOCATED PHASE -OUT FUNDING EQUIVALENT TO A 30-DAY
PRO-RATA SHARE.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: What is it you're raising your hand for?
UNIDENTIFIED SPEAKER: Those concerned, can we get a copy of staff recommendations?
Mayor Ferre: Absolutely. Will the staff make available to anybody who requests
information the appropriate documentation?
Mr. Parkins: Yes, we will, Mr. Mayor. ... Mr. Mayor, in the interest of our
printing costs and duplicating costs if those who would wish copies of the recom-
mendations other than the agencies that have applied, they should get one any way,
would they please contact our office with their name and address so that we could
get that to them.
Mr. Plummer: Mr. Horne, let me ask one other question and obviously they're not
interested. I'm not and the rest of this commission are not going to get frantic
phone calls that the people working in these agencies are not getting their pay
money for Christmas. Ok? Hey, I remember last year. I just want to make sure.
I used to be as big as an elephant and I still remember as well.
Mr. Horne: Mr. Mayor and Commissioners, thank you.
22, DISCUSSION ITEM: ClTY COMMISSION POLICY ON SISTER CITIES,
Mayor Ferre: We're now going to take up Item (c), proposed Commission policy
rpnard]no Sister. Cities. Mr. Manager. Mr. Plummer, I know this is something of
interest to you so I think you ought to be here.
Mr. Grassie: This suggested policy, Mr. Mayor, is designed to formalize,at the
request of the City Commission,to formalize the process that you follow in es-
tablishing Sister City relantionships.Easically what we would be looking for at this
point is your reaction to the proposed City Commission policy. If you find that
it reflects the discussion and the points of view that you have had in the past
then we would bring this back to you in the form of a resolution for you to adopt
this as a City Commission policy. You know that we have in the last several months
presented several policies to you. We're trying to formalize your position on some
of these issues on paper so that it is part of the public record and what guides
us as we administer these programs.
Mrs. Gordon: I found one thing objectionable in this proposal. It is under policy
(1) primary consideration be given to Latin American cities. I find there being
no reason why we need to delineate the geographical part of the world for primary
consideration. We are an international city and,as such, we should not delineate
that as part of policy. I would move you that we eliminate that completely, that
whole #1.
Mr. Grassie: Shall I react to why it is included at all?
Mayor Ferre: Sure.
Mr. Grassie: Simply by way of explanation, not by way of argumentation, our assumption
behind all of this has been that the basic reason for the City's involvement
in the Sister Cities Program is in an effort to strengthen and to encourage the
31
DEC 151977
kind of financial and tourist development that is the subject of so much of our
effort in the area of trade promotion, tourist promotion and so on. The basic
emphasis has been towards Latin America and that is the reason for that being put
in there.
Mrs. Gordon: Well, I still think it should be left out because unspoken is a heck
of a lot more pallatable than spoken in writing. Do you want to tell all the
Europeans to stay home?
Mayor Ferre: No, I'll tell you,let me just express my opinion. I, as you know,
there has been a move afoot at the request of the people from Lufthansa that
Weisbaden be declared a sister city and you know that we have a sister city in
Israel. The fact is, however, that the majority of the trade and tourism that is
coming to this community is coming from Latin America and south. Obviously you
know if we were a thousand miles away from Africa then I think that Africa would
have primary consideration. If we were a thousand miles away from the Orient then
I think we should have an oriental cast. Now,that doesn't mean we shouldn't have
a sister city in the Phillippines, we shouldn't have a sister city in Europe, we
shouldn't have a sister city in the near east, and I've had by the way a whole
series of letters from Arabs or Arab people in this community you know getting all
upset about our sister city with Israel. I have written them back and I've said,
"Look, we're going to have a sister city from Israel whether you like it or not."
Now,that doesn't mean that we can't have an Arab sister city1too. But I person-
ally believe that Miami being where it is, now I would like to change this. I
would like not to put Latin America, I would put Latin America and the Caribbean
because obviously there are countries in the Caribbean that are not Latin American.
So I would suggest that you call it Latin American and Caribbean.
Mrs. Gordon: Are you only talking about future?
Mayor Ferre: Oh yes, future naturally. And it says primary.... Who is responsi-
ble for this? Bob?
Mr. Grassie: Yes, Bob did the drafts on the policy, Mr. Mayor.
Mayor Ferre: I think, and this is just one opinion, is that it should say Latin
American and Caribbean. Now I'll give you my second opinon on this. I don't
think you can say capitals of their countries because for example that would pre-
clude us from having Bersheba as a sister city or it would preclude us from having
Weisbaden as a sister city or it would preclude us from having...
Mrs. Gordon: Cali isn't a capital either.
Mayor Ferre: Cali isn't a capital. And it would preclude us from having Villa
Hermosa which we have.
Mr. Grassie: That is why, Mr. Mayor, we have put them down as guidelines. This
would be the general way in which we would approach the selection of sister cities
but obviously the last selection would have to be yours.
Mayor Ferre: Yes, I would put this. I would put it the same as number 1, primary
consideration should be given to capitals.
Mr. Reboso: Yes, but the fact is that we are not a capital either and other people
can say, "Well, you're not Tallahassee."
Mrs. Gordon: Yes, you're not a capital, who needs you. Right.
Mr. Reboso: That's right.
Mayor Ferre: We're not even a state capital.
Mr. Grassie: Well, we haven't had that problem.
Mayor Ferre: But, I think if you put it into your by-laws people might take of-
fense to it. I think the way to do that Joe, is by size, saying a city has to
be at least 300,000 or more which is our size.
Mr. Grassie: Do you want to put that down as a primary consideration then?
Mayor Ferre: Primary. The capitals. ... Let's just scratch #2. Anybody dis-
agree with that? All right, now we're on #3. I think we have to have a basic
population because otherwise we end up like my friend Lazaro went down to Peru
and made some kind of commitment to some little town and the next thing I know
they have a delegation of 15 people from to come see their sister city,
32 DEC 151977
and they want to know where the fire engine i
I think.
we have to put minimum sizes
Mrs. Gordon: I am laughing because this little area in Israel that they named
similar to Miami, Me-ah-me, is not more than a kibbutz, hardly more. So it
doesn't qualify for a city at all.
Mayor Ferre: But Beersheba ,----
Mrs. Gordon: Beersheba is a good city, a large city and a comparable city to this
one.
Mayor Ferre: I agree with #4.
Mr. Plummer: The only thing that bothers me here, and you know I am very active,
is that of the basic guidelines, if you are going to qualify under the federal
guidelines for Sister City, basically each state in the United States is given a
country. Now, you are going to preclude by our regulations, --
Mayor Ferre: I agree with that except for our sister state, which is Colombia.
I accept that.
Mr. Plummer: That has to be written in if you, ---
Mrs. Gordon: This is not retroactive J.L.
Mr. Plummer: Rose, the Sister City rogram primarily,
Colombia.
Mayor Ferre: J.L. we just accepted all that.
Mr. Plummer: Okay.
Florida is joined with
Mayor Ferre: With the exception of our sister state which is Colombia. Now let
me tell you, I don't want to belabor this but here is the point. Now, you've got
the Mayor of Arequipa,which is the second city in Peru, in town and he wants to
come over and he wants to be Miami's Sister City too. You know we can't keep on
going like this.
Mr. Plummer: I don't want no more in Colombia, by the way, I've got more than I
can handle now.
Mayor Ferre: The next one, number 5 is completely out of base because Santiago
de Chile,which is our sister City, Lima which we declared a Sister City. Lima's
sister city is somewhere in Michigan.
Mr. Reboso: That's right but if they prefer Miami it's up to them.
Mayor Ferre: As far as I'm concerned,if every Latin American capital wants to be
the Sister City of Miami,man I'm all for that.
Mr. Reboso: It's a gain to Miami.
Mayor Ferre: We're the ones that gain.
Mr. Grassie: It simply attracts the federal guidelines, we don't have to do it...
Mayor Ferre: I called up Mr....what's his name,in Washington,at Sister Cities Program
and- he said, Ferre, Lima, Peru is the sister city of such and such a place -
Lansing, Michigan or some such place. He said, "But, we have absolutely no objection
i'f your are seriously intending to have a sister city relationship." You know
I told the Mayor of Lima,"Look, I'm embarrassed because I want you to understand
that all our fire trucks and equipment are all committed for the next two or three
years to Colombia so there is nothing that we can give you. Now we'd be happy to.
go there and you come here and we'll give you a party and we'll have cultural
trade and we get a committee and maybe..." Now,there's a Peruvian committee being
formed here and they're going to go out and get hospital beds, that's fine. That's
33
DEC 151977
their problem. But I think we've got to be careful of these things that there are
sister cities,,.we can't have that clause in here because that precludes us then
from going to places like Lima, Santiago and so on.
Mr. Plummer: Well, what you also find, Mr. Mayor, a lot of these programs have
an initial tremendous surge of excitement and then they die. For example, Cali,
Colombia has a sister city which is Canton, Ohio. They have not heard from Canton,
Ohio in 20 years.
Mayor Ferre: Well, we've more than made up for Canton, Ohio.
Mr. Plummer: So I'm saying,you know/if you did that...
Mr. Grassie: Are you suggesting that we strike that particular clause?
Mayor Ferre: I am. Ok, what else have we got?
Mr. Grassie: And the other is simply that both parties wish to... Should we re-
draft this and bring it to you with a resolution?
Mayor Ferre: I think that might be a good idea. Anything else the commission
wants to add to the deliberations on this?
Mr. Plummer: Mr. Mayor, yes, I think it is only fair if you are going to do this
in the proper manner, I think that it has to be however you wish to do it, a com-
missioner has got to be charged with the responsibility of a city. In other words,
as I understand it, Mr. Mayor, I'm looking to you to be in charge of Lima, Peru.
I think it was your initiative that brought it before this commission.
Mayor Ferre: I accept.
Mr. Plummer: Mrs. Gordon with Beersheba and Miami, you know I've taken the responsi-
bility of Bogota, in Colombia.
Mayor Ferre: And Reboso is responsible for Villa Hermosa, Mexico,and Santiago de
Chile.
Mr. Plummer: And I'm going to give him Bogota/but that's a different story. I
just feel, Mr. Mayor, if this thing is going to be done properly and that's the
only way we should do it,then a commissioner must be designated as the coordinator
and the follow through.
Mayor Ferre: That's a good addition. Anything else?
Mr. Plummer: May I announce at this time very proudly, Mr. Mayor, that I have
been invited by the Country of Colombia to travel tomorrow at their expense. This
City has sold, and I underline the word sold, the City of Cali, Colombia, 54 police
cars and on Monday at noon they are having a very large ceremony where they are
putting those 54 police cars into service. Mr. Mayor, I am very pleased to report
that that probably will cover front page coverage for two or three days down there
and I think this is the kind of thing that we in the Sister City Program are striv-
ing for and I'm going down.
Mayor Ferre: I disagree with that last statement and I want to tell you why, J. L.
This is one of the things, we don't have time now but we've really got to establish.
You know I have a sense that, and I'm not accusing Cali or anybody else, but that
what a lot of these people want - you know they want our body - I want them to love
me because I want to be loved for me. That's all right if we want to give them
physical things and we want to give them cars and engines and ladders and hoses and
lights and all that that's fine but you know it's got to ge a lot more than just
that. I'm not criticizing either Cali or Bogota but I think we have to establish
that it has to be two -ways. And again I'm not critical of Bogota or Cali...
Mr. Plummer: Mr. Mayor, let me also say to you so that there is no misconception
that this is only the facet of Sister City Programs which is government to govern-
ment. For example, one of the things that I will be happy to announce while I'm
there is the association of a major hospital in Miami with a hospital there.
Mayor Ferre: Terrific.
Mr. Plummer: So I mean there is in the Bogota group, it is not just government to
government which is the program it is cultural, it is educational, there are the
exchanged visits. All of that is a part of sister cities. Many people, as you
say, have a misconception that it is just automobiles and the lights. It is not.
34
DEC 151971
Mayor Ferre: Well you know I got a letter from some friends in Bogota that wanted
the city to donate one of the statues or monuments for such and such a park. Re-
member, I sent you all that stuff. Well,you know we don't have the 15 or $20,000 to
pay for that because if we did we'd put it in our own parks right now. What I'm
saying is that that's all very nice and that's fine but it's got to be a two way
street too. Everybody knows that we've had a blight with our coconut trees here.
I didn't see that anybody really sent us coconut seedlings...
Mr. Plummer: Well, Mr. Mayor, I had 15,000 coconut trees in Bogota donated by the
City of Bogota and couldn't get them through our local Agricultural Department.
So you know I just say those things, those were the things that we worked on. I
couldn't get them through.
Mayor Ferre: You know for example I'll give you something right now if you're
going down there. Ok?
Mr. Plummer: Please.
Mayor Ferre: The Colombians have probably three or four of the most important
artists in the modern art world today. They're from Colombia, they live in Paris
or London or New York and Kitty Roedel has been trying for weeks and weeks to get
Mr. Obregon,who is this prominent very famous Colombian artist1to perhaps donate
some talent for one of our urban walls. Now all right, so they don't have fire
engines to give us but they've got art.
Mr. Plummer: All right, well,you give me where I can contact him.
Mayor Ferre: Call Kitty Roedel. But I mean to tell you that it has to be a give
and take deal here. They're taking, that's fine, I want to give but I want to get
a little bit too. It doesn't have to be fire engines it can be a lot of other
things...
Mr. Plummer: I underlined the fact that these cars which I'm going down to put
into service were not given, Mr. Mayor.
Mrs. Gordon: How much did they pay for them, J. L.?
Mr. Plummer: Nine hundred dollars a piece.
Mrs. Gordon: How old are they?
Mr. Plummer: Two years old, 70,000 miles, we normally get $500 at public auction.
Mrs. Gordon: You know,I'm only going to ask this for one reason, J. L., not be-
cause I have objection to them getting the vehicles or whatever, but our motor
pool, some of our different departments require some vehicles not necessarily
police cars but some vehicles to be able to conduct their business and they're
short. Why don't they substitute, Mr. Grassie, a few of these kinds of cars?
Mr. Grassie: Because of the mileage that Commissioner Plummer indicated, Commissioner
Gordon. Any time you have a car that has been in police service for 70,000 miles
you've got a vehicle that is a very high maintenance item from then one and
that's the reason that we trade them, of course, at that mileage. So possibly
with their labor costs they can afford to maintain these cars, for us it is very
expensive.
Mrs. Gordon: I understand.
Mr. Plummer: Rose, this pretty well tracks a very fine program with the City of
Coral Gables and Cartagena and that's what I've been trying to establish here is
that relationship with the city.
Mrs. Gordon: I commend you, J. L., you're doing a fantastic job on your program,
you really are.
Mayor Ferre: And I'm going to tell you where you can see it. You can see it in
the fact that there are 100,000 tourists coming in from Colombia this year. I'll
tell you how much those people spend. Do you know what the average is? $2000 per
visitor.
Mrs. Gordon: I don't know about that but I know one thing that J. L. puts his heart
and soul into this program.
35
DEC 151977
Mr. Plummer: Mr. Mayor, let me also tell you from the country of Colombia during
this summer just to give you an idea, during this summer there was,at one timeta
43-day waiting to get a reservation to Miami, 43 days.
Mayor Ferre: All right, I think we've talked this one through. Can we go onto
the next one? Anyone object to that?
23, DISCUSSION ITEM: NEw ZONING ORDINANCE,
Mr. Grassie: Item D is a recommendation I would like Dick Fosmoen to speak to,
Mr. Mayor.
Mr. R. L. Fcsmoen: As the commission is aware, we are in the process of revising
the entire Zoning Ordinance for the city. We're starting into a major review of
the consultants' and the staff's recommendations in that ordinance.A s-hedule
for review is attached. AS you can see it is going to take us all the way
through September of next year to take the Planning Advisory Board and the Zoning
Board through those issues. We're asking two things: (1) The City Commission is
interested in having one of its members sit through those sessions and act as
liaison.and,secondly, if the commission feels that additional citizen review in a
structured committee form is necessary. We're asking you to make that decision
now rather than in September when we bring you a draft that has been reviewed
week after week after week by your already appointed citizen representatives.
Mrs. Gordon: I understand, Mr. Fosmoen, what you're driving at. I agree but I
don't really think personally that we have to form a committee on top of committee
because first thing you know this advisory committee will advise us of how much
money they ought to get for all the time they're putting in.
Mr. Fosmoen: It's not my recommendation that you add a committee. We are simply
asking you to make that decision now.
Mrs. Gordon: I know your point, it is well taken. I'm not criticizing you,I'm
simply pointing out a fact that the people who should be involved from the communi-
t Y level should be involved at public hearings in front of our advisory board
which is our Planning Advisory Board and it is sufficient notification to public
and if they don't come and it comes to us that's their tough luck. You know? But
I don't see any need for establishing another committee.
Mr. Fosmoen: There is one other point. Through the year we will be issuing press
releases in attempting to get out information that's digestable and short.
Mrs. Gordon: I would suggest a great deal of that kind of information bedistributed
to key civic organizations and Chamber of Commerces and builders associations, so that
they all be informed of what we're doing but not forming another committee.
Mr. Grassie: I wonder, Commissioner, whether we could comment just a little fur-
ther on that because we want to make sure that you know why this is in front of
you. Sometimes it happens that we go through a year of process and then when we
make an initial recommendation we run into complaints, reactions, adverse comments
and at that point we appoint a citizens' committee. Now,I guess what we're really
saying to you is if you're going to appoint a citizens' committee then better appoint
it now so they go through the process.
Mrs. Gordon: Yes. I think you're talking to the Mayor not me. Mr. Mayor, you'd
better react to that.
Rev. Gibson: We11,I'm opposed to it because all you're doing is making it Pos-
sible for another committee to help control the process. No, man, zoning is too
important.
Mr. Grassie: Ok, we just want to bring this to your attention so that if you
make that determination, we agree with it entirely but we hoped that it would
stay that way.
Rev. Gibson: I would rather when we have that impossible.... to get a citizens
committee at that time and they know after they've done their do they're through.
Mayor Ferre: I completely concur with that but the point is simply that we're not
going to, right now we don't see that there is a need for a citizens committee, I
agree with that. I can't tell you that if all of the neighbors of Coconut Grove
show up here and Grace Rockafellar and a hundred people from the Northeast Improve-
ment Association and all of the downtown people led by Bill Colson and Alvah Chap-
man and others that there isn't going to be a citizens committee because if the
36 DEC 151977
t
I •
citizens committee only serve a purpose you know if there's enough interest in
the community to come and express an opinion.
Rev. Gibson: Mr. Mayor, at that time Theodore Gibson will leave himself wide open
to appoint. Let me tell you if that's a standing committee, man, let me tell you
what. People will steer us in a direction - I'm opposed to it. I don't mind when
all the people in Coconut Grove start raising all hell. I would do like you did
about that street, get a group of people there who are affected.
Mayor Ferre: All right, anything else on Item D?
Mr. Grassie: Well the question then remaining is whether or not you should appoint
a commission liaison person, somebody to track this and keep you informed.
Mrs. Gordon: You keep us informed in memoranda .
Mayor Ferre: I think you need to keep five members of this commission informed.
I'm sorry it is more work for you but I don't think that anybody is going to dele-
gate their responsibility on such an important item to somebody else on this com-
mission and I really, tr. Grassie, since you and I have talked about this theme
before, it doesn't work that way.
Mr. Grassie: Well we're really giving you the choice. It is obviously your choice.
Rev. Gibson: I don't want to exercise that choice.
24. DISCUSSIOiJ ITEM: CITY OF MIAMI CASH MAi4A6E ENT,
Mayor Ferre: We're on Item E, discussion of the Cash Management situation.
Mr. r;rassie• Mr. rundercc-n will aiGcncc thi
Mr. Mair�r,
Mr. James Gunderson: Members of the Commission, the memorandum that you have be-
fore you outlines initially the basic legal background for our Cash Management
Program which is also supplemented by an ordinance that was passed many years ago.
The ills of the present system are also recited as background information for the
subsequent two recommendations that exist. First, there is a short term recommenda
tionand what we would like to do is to go out and request for proposals to the var-
ious banks and ask for banking services that include data processing, bank recon-
cilliations, fiscal agent responsibilities for the registration and handling of
bond coupons and the bonds themselves, all the banking services that we normally
get which we now go out singularly to get and that we pay additional for because
it's a one time service.
Mr. Grassie: Mr. Mayor, maybe I was negligent in introducing this item in not
pointing out to you that Jim Gunderson is responding to a question asked by the
City Commission particularly with regard to what banks are used by the city, whether
they are Miami banks or other banks and what participation there is on the part of
minority banks. The policy that he is talking about here addresses all of those
questions not to solve the question today but we're suggesting a longer term
process to address that and that's what he's talking about.
Mr. Gunderson: The approach to the minority banks we have found in a survey that
I made commencing last February to September 30th, that we contact minority banks
regularly for investment opportunities but the response is not that great. Out of
22 offerinas,to give you an example, with the Republic National Bank they actually
were high bidder once and they have a million and a half dollars. With the Bank
of Miami it was three times that they were successful and they have four million
and seventy thousand. What we propose to do in order to make it equitable to the
minority banks would be to provide them a definite sum of money on a passbook sav-
ings account so that they would know that each of them shared equitably and equally
among all of the minority banks.
Mayor Ferre: Well how many minority banks are there?
Mr. Gunderson: Four.
Mayor Ferre: Technically there are four minority banks.
Mrs. Gordon: What are the names?
Mr. Gunderson: The Republic Bank, Bank of Miami, the Continental Bank and the
Capital Bank.
DEC 151977
Mayor Ferre: We don't determine what is a minority bank, they are determined,
that's by federal guidelines.
Mr. Gunderson: Yes, one of those is not on their guidelines but really is a Minori-
ty bank and we received a request to report as to the status of the banking with
minority banhs, we do fill one of those out and send it back. One of the banks
that really is a minority bank is not on that list here.
Mrs. Gordon: That's what I thought.
Mr. Gunderson: Only three are on that list, on the federal list.
Mr. Grassie: Three of the four that we have just mentioned are on the federal
list.
Mrs. Gordon: Which one is that?
Mr. Gunderson: I'm thinking it is the Republic Bank.
Mr. Grassie: No, it is the Continental. I think the Continental because their
shares, their ownership is through share participation and that technicality appar-
ently does not qualify... for some reason....
Mrs. Gordon: My God, it's all minority.
Mr. Grassie: I know that, you know I know those people.
Mr. Plummer: That's why they got Republic on the carpet.
Mr. Grassie: I'm simply saying that in terms of the federal regulations it seems
to me that that is their difficulty.
Mrs. Gordon: I can hardly believe that.
Mr. Grassie: We're still treating them as a minority bank regardless.
Mrs. Gordon: Sure.
Mr. Gunderson: But as suggested in my memorandum to you that we would provide
about $250,000 on a passbook savings basis...
Mrs. Gordon: To four of them?
Mr. Gunderson: To each one.
Mrs. Gordon: To each of those four.
Mr. Gunderson: Yes. They would be assured then of $250,000.
Mrs. Gordon: You said something about bid and I was on the phone, I'm sorry.
Mr. Gunderson: Banking services over and above the minority question we currently
are on a rotational system as you know by the ordinance that supplements the Charter
provision and that rotation system has nine banks in it. We are down to about the
seventh or eighth now.
Mayor Ferre: These are for regular accounts?
Mr. Gunderson: Yes, the regular account on an annual basis. The unfortunate part
about the rotational system is that on the face it appears fair but it.really is
not fair to the city or to the bank because of the fact that it is only for one
year. They really don't provide us the service that the city needs.
Mrs. Gordon: What kind of service?
Mr. Gunderson: Well we don't get automated bank reconcilliation statements (1).
(2) We go out then separately to get fiscal agent responsibilities where they actual-
ly take care of bond coupons and the bonds themselves.
Mayor Ferre: Is there any way we can put it out on a bid process for a three year
period?
38 DEC 151977
/4
Mr. Gunderson: Yes, sir, that's what I'm suggesting. I'm suggesting for five
years and to include all the banking services that we need within the proposal
and then get the banks to respond to that request.
Mrs. Gordon: Why not three years, there may be some more that may come into the
picture?
Mayor Ferre: Let me make sure we're going to go in that direction; that the speci-
fications should be approved by the City Commission before it goes out and (2)
that a date certain and hour certain that sealed bids to be taken by the Clerk be
taken and that the high bidder or the low bidder, as the case may be, be awarded
that strictly based on the bid document, no negotiations other than what you put
into the bid document. If the bank is not qualified to submit a bid for that then
they shouldn't be on the list.
Mr. Gunderson: We will have no difficulty doing that.
Mayor Ferre: I would imagine you can get more than nine banks.
Mr. Gunderson: Yes, well there are more than nine that are currently within the
city because of the ordinance, it is old and outdated and even some of the bank
names have changed since then.
Mayor Ferre: I'll tell you this, I certainly think that it should be limited to
banks that are within the boundaries of the City of Miami. I don't think that the
First National Bank of Hialeah or that the Coral Gables such and such or Miami Beach,
they ought to be Miami banks within the limits of the City of Miami.
Rev. Gibson: Right.
Mrs. Gordon: Just like I said with those agencies this morning, we don't fund
them out of the city.
Rev. Gibson: Mr. Mayor, we don't want to get caught in that where they've got a
branch and all that jazz. We don't want that either.
Mayor Ferre: Yes, but you've got to be careful now because for example you take
Carlos Arboleya's bank, what is the name of that bank?
Mrs. Gordon: Barnett.
Rev. Gibson: He's in the City of Miami.
Mayor Ferre: Yes, but it is a branch. The main bank is in Jacksonville.
Rev. Gibson: I don't mean that, Mr. Mayor. That is a full fledged bank.
Mrs. Gordon: He means a drive-in teller.
Rev. Gibson: Darned right! .... We're talking about banks that....
Mr. Grassie: That have a full fledged service in the city.
Rev. Gibson: Right, in the City of Miami.
Mr. Grassie: Like for example Flagship Bank which has its headquarters over on the
beach but they obviously have full fledged service in the city.
Mrs. Gordon: Sure, they're paying taxes to the city, they're operating a business
in the city. Yes.
Mr. Gunderson: Now over and above that what we're also suggesting is that there
be a revision to the existing ordinance to incorporate the new program relative to
cash management which will do fundamentally three things: (1) is to increase the
marketing for investments, (2) to designate the kinds of collateral and investments
that can be made and (3) to rescind the rotational provisions.
Mayor Ferre: Ok, bring it back...
Mr. Grassie: We're not quite done, we have one recommendation that you have not
treated on this particular item.
Mr. Gunderson: That was the short range picture. The long range picture is that
as I noted in the memorandum we are currently operating with the absence of the
3�
DEC 1511977
/4
11
technology that is really available in the investment world to operate with.
We could by using that technology improve our investment return by a minimum of
a quarter of a million and up to as much as a half a million primarily because we
do it manually today. What we do is we invest to maturity and it does not take
into account trades and swaps or investing on the yield curve and those things
will make an immeasurable difference in the terms of total yield that we can re-
ceive. What we would like to do is to spend the necessary monies to get such a
system and to increase our return thereby. A system of that nature would cost
approximately 79-80,000 the first year and thereafter $20,000.
Mrs. Gordon: Are there other than one, are there several?
Mr. Gunderson: Yes, there are several.
Mrs. Gordon: Would you then go out to bid, solicit bids for the different ones?
Mr. Gunderson: Yes.
Mrs. Gordon: Before you go into the bid process could you furnish us with some
written material to become more familiar with this?
Mr. Gunderson: Yes. To answer Commissioner Plummer, this is a software program
to operate within an existing computer. It is not to purchase for acquisition of
a computer it is to purchase a piece of software for a program that operates within
the computer.
Mrs. Gordon: We'd pay for it with our dollars.
Mr. Gunderson: Yes.
Mrs. Gordon: Ok. I have a question that has been bothering me that I want to ask
because I think it is something that we ought to at least discuss. You know the
City of Miami's revenues from Ad Valorem Taxes depends upon the size of the tax
base and our tax base isn't increasing dramatically because there isn't a dramatic
amount of new construction or redevelopment being done. However, there is a tre-
mendous amount of properties off the tax rolls that are occupied by other agencies,
federal, state and county. Now, I'm going to address myself more particularly to
the state and federal because the county can come back at us and say, "We're not
charging you tax either" but let me skip the county for the moment anyway. But if
you want to talk about the county the county has been occupying and paying up to
$2,000,000 in rental fees per year and a lot of those properties have been off the
tax roles and, therefore, we haven't been getting our return as a city as primary
tax base. But there is also a tremendous amount of property that is occupied by
state government throughout the city and federal agencies and they're off the tax
role. I would like us to do an in-depth analysis of how much money it is really
costing us because not only are we losing the tax base but we are delivering them
police service, fire service, sanitation services and the other wear and tear of
our community which they have access to. So may I ask you, Mr. Grassie, if you
would follow that up and provide us with specific information and if you wish to
include the county that's alright with me too.
Mr. Grassie: We'd be happy to do that, Commissioner. I think we have to recognize
that we start out with some disadvantages because they've got all the records.
Mrs. Gordon: I know, that's why I suggested starting with the state and federal.
I don't think you'll have as much problem there. Ok?
Mr. Grassie: Certainly.
25, DISCUSSION AND DEFERRAL OF CONSIDERATION OF GRANT OF EASEMENT
16 FEET FORCE MAIN VIRGINIA KEY SEWAGE TREATMENT PLANT.
Mr. 72,1trn» r. ► A,'or, hofnrp vnur arrival thi.q mnrninn my concern with Item 7 in
which two gentlemen from the Water Department have appeared here to try to alleviate
my fears I hope, I am concer.nd that this work is going on in the downtown area
cluttering up our streets at the height of what our merchants are looking to as
hopefully their big time of the year. I understand that and just exactly what
I told you three years ago unfortunately has come to pass and that is here we are
in the downtown area faced with our merchants doing business, the Orange Bowl Parade
and all the activity that takes place and I'm concerned that the streets are torn
up and my other concern is that these streets I hope are being put back as I see it
right now as a temporary situation but I want to withhold giving them the easement
•
40
DEC 151917
deeds until this work is completed. So these two gentlemen are here and I'd like
them to speak to it. It was deferred until one of these people could come.
Mr. Grant: My name is Grant with the Miami -Dade Water and Sewer Authority. I'm
the project engineer. We are doing the Biscayne area along Biscayne Boulevard in
permanent paving and we're aware that we have to have that complete by the 15th
which is today from South 2nd Street up to 5th Street and it will be paved and
cleaned and in perfect condition in that area. That was the only restriction that
we had. Our own plans were to close everything up and temporarily pave everything
before next week, the following week. We do have almost everything resurfaced
now in a temporary nature and we are going to seal and pave everything temporarily
along S.E. 2nd Avenue.
Mr. Plummer: Well Mr. Grant, in driving around last night downtown I'm concerned,
for example, in front of Greyhound Bus Station. Northeast Second Avenue is a main
artery into downtown Miami and right in front of the Greyhound Bus Station you
can't even hardly get by.
Mr. Grant: Right, that's at 10th Street.
Mr. Plummer: Yes, sir. Now what are you going to do about--- I'm just concerned
of the cluttering of downtown during this height of the season.
Mr. Grant: Well, we are going to resurface everything on that street including
in front of the Greyhound Bus by the later part of next week. We had no notice
until today that you were interested in any kind of permanent nature on N.E. 2nd
Avenue otherwise we would have probably made other arrangements but we were told
that this area had to be permanent on Biscayne, we have it that way and we will
resurface the other area in good serviceable condition.
Mr. Plummer: But Mr. Grant, is there any way that you can temporarily hold off
digging up any more streets in the downtown hard core until after the first of
the year?
Mr. Grant: Well, you're asking us to stop the contract....
Mr. Plummer: No, I'm asking is there some place else that you could work rather
than in, you know... I'm concerned.
Mr. Grant: Well let me explain to you this contractor has three separate contracts,
A, B, C and they're digging up all the way up to the Interama site all over town
and he has to do a certain amount of footage each day to come out like 168 feet
a day. Here in this particular area he is doing about 40 feet a day, he's got
problems. But in order to stop this man from doing the work somebody has to pay
him because his crew and equipment will be tied up doing nothing. But I've gotten
an agreement from him that he would stop the latter part of this week, stop his
men through Christmas and New Year's and come back after New Year's. In effect he
is going to seal up everything and pave it and go away for around ten days which
would be the best part of the year we have to go.
Mr. Plummer: And when he goes away is it the impression that he is not going to,...
the streets will be fully operable?
Mr. Grant: Yes, fully operable, right.
Mr. Plummer: Now there is nothing going to be left torn up for nationwide
to that parade?
Mr. Grant: No, completely sealed.
Mr. Plummer: Ok.
Mr. Grant: And had we known I probably could have gotten you better results on
that also but we were not aware of that. But we are going to get this completely
sealed and operable in time for your parade.
Mr. Plummer: Well, I just hope Public Works in coming years will try to keep the
streets from Public Work projects from being cluttered during the Christmas season
and New Year's.
Mr. Grassie: Well, I think we should inform the City Commission, Commissioner, of
what Public Works does about that because they do have a regular process which
they used in this process also which did not work because of internal problems in
Water and Sewer and I think they should inform you of what they do.
41
DEC 151977
Mayor Ferre: Anything else?
Mrs. Gordon: Yes, just one thing, Mr. Grassie.
Mr. Grassie: Do you want to find out what the Public Works Department does about
this? You know we have a regular process making sure that no contract work takes
place between December 5th and January 5th downtown, we notify everybody but
apparently this did not get from the contractor to the Water and Sewer Department.
Mayor Ferre: Anything else?
Mrs. Gordon: A question yes because it relates to what I said before. I'm not
sure, and Mr. Knox, perhaps you can make this determination. Would it take some
kind of legislative action in order to make it possible for the city to collect
compensation from state and federal agencies as reciprocation for the kinds of
delivery of services as well as the unpaid tax base that we have? I have a feel-
ing in my mind that there is some legislative action needed in this regard and if
there is that you look into how we could go after it as part of our legislative
package.
Mr. Plummer: No, I still want to defer 7 giving the easements until all the work
is completed and we've had a chance to inspect it and make sure that it has been
done properly.
26. DISCUSSION OF PUBLIC WORKS PROJECTS - CONSTRUCTION IN THE
"ROADS" AREA.
Mr. Plummer! I ,.'ant to ►-ring ,in one itQm in relation, T'll make it very brief.
Mr. Grimm or Mr. Parkes, I am very much concerned, and this doesn't I don't think
affect you, in areas and I'll just use the example of the roads section where
they're doing sewer work or whatever it is.
Mr. Parkes: Yes, sir, I know what you're talking about.
Mr. Plummer: I am very concerned when these people knock off at night that they
are leaving dangerous situations exposed to the motoring public. I drove down
26th Road the other night and they've cut like about six trenches across in one
block and in those six trenches I want to tell you the whole front end of my car
came unglued. Ok? So I think what I'm saying to you is not just the roads because
that's probably been all done now but in those areas where we're doing this kind
of work when they leave at 5:00 that they leave it in a safe manner so people are
not coming to Mr. Knox to sue this city.
Mr. Parkes: We will take care of that.
Hereupon the City Commission recessed for lunch at 12:40 O'Clock
and reconvened at 2:20 O'Clock P.N. with all members of the Commission
present.
27, PRESENTATIWS, PLAQUES AND SPECIAL ITEMS,
A. Presentation of a City Seal Plaque to the Honorable Hector Zuzunaga Menes,
MarOr of rreruina, neru wl-o is on an official visit to the City of Miami.
B. Presentation of City Seal Plaque to the Honorable Harvey St. Clair McKenzie,
Consul General of Jamaica in Miami. The Consul has been re -assigned to the
Ministry of Foreign Relations in Kingston, Jamaica.
C. Presentation of a Proclamation designating January as Alien Address Report
Month to Mr. Sidney Majure, Assistant District Director, United States
Immigration Department.
D. Presentation of a retirement plaque to Joseph R. Paredes. Mr. Paredes served
the City of Miami as an Assistant City Manager from May 30, 1972 to December
9, 1977.
E. Presentation of Emancipation Proclamation Celebration Day proclamation to
the Reverend Edward Graham.
F. Presentation of a Commendation to Mr. Albert Gildred for his philanthropic
activities. Mr. Gildred has contributed to the University of Miami Medical
School, Lowe Art Museum, Latin American Health and Education Foundation, and
the University of Florida Medical School.
42
DEC 151977
G. Presentation of a Commendation to Luisita Sevilla, noted Spanish dancer.
Ms. Sevilla has participated in the Miami International Folk Festival as well
as contributing to the cultural enhancement of the community.
H. Presentation of a Commendation to Mrs. Peter Buffone for her activities on
behalf of senior citizens. For the past seven years Mrs. Buffone has staged
a Christmas party for the elderly at St. Mary's Cathedral.
I, Presentation of a Certificate of Appreciation to La Asociacion de Graduados
de Medicine en Espana. Dr. Pedro Sardui and Dr. Rafael Arangeo accepted the
certificate.
J. Presentation of a 30-year service pin to Mr. Percy Brown, Department of Parks
and Recreation.
28, APPROVE GRANT OF EASEMENT TO MIAMI DADE WATER AND SEWER AUTHORITY FOR
16" FORCE MAIN TO VIRGINIA KEY SEWAGE TREATMENT PLANT.
Mayor Ferre: Plummer, we skipped over Item 7 because o` you. Do you still leant
to skip over that?
Mr. Plummer: Mr. Mayor, I am told that we would be holding up Federal grants. I
have the assurances of Mr. Grimm that he will follow through on that item because
of it I will move it at this time.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-920
A RESOLUTION APPROVING THE GRANTING OF APPROPRIATE EASEMENTS
TO THE MIAMI-DADE WATER. AND SEWER AUTHORITY FOR THE CONSTRUCTION
AND MAINTENANCE OF A 10-INCH FORCE MAIN ACROSS BISCAYNE BAY
FROM CHOPIN PLAZA TO THE VIRGINIA KEY SEWAGE TREATMENT PLANT;
AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE APPROPRIATE DOCUMENTS THEREFOR.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre NOES: None.
ABSENT: Commissioner Rose Gordon.
43
DEC 151977
Al
29, PUBLIC HEARING: CONFIRM ORDERING RESOLUTION - "CRESTWOOD SANITARY
SEWER IMPRovEMENT'- SR-5432-C,
Mayor Ferre: Now we're on the 2:30 Public Hearing which is Item #19. Is there
anybody here that wishes to speak on the Crestwood Sanitary Sewer Improvements?
We're going to take bids now. This is confirming ordering resolution and author-
izing the City Clerk to advertise for sealed bids for Crestwood Sanitary Sewer
Improvements. We have two people that are here? Would you raise your hands again,
those of you that are interested in this. Would you like to be heard on this?
All right, sir, I'll recognize you. How long do you think you'll need?
Mr. H. 0. Bannick: Just a few minutes. You're going to put in the sewer line
between 7th Avenue and 12th Avenue... 40th Street to 64th. Now you are going
down through the alleys from 46th, 47th, 48th, 47th Terrace, 49th - you have an
alley going through there and it does not seem reasonable that the cost for the
installation of that sewer line at $600 per 50 foot lot. It is unreasonable.
There is no paving on any of those alleys that are running in there so it doesn't
require the tearing up of the street and repaving. That is one of the points that
I brought up and I happen to be an engineer with the Army Engineers for many
years in the construction of sewers, buildings and the like in not only the State
of Florida but through the northeast. That's why I want to bring that thing out;
that it is entirely unreasonable for the people that are living in that area be-
tween 40th Street and 54th, 7th Avenue to 12th to have to pay $600 for each 50
foot lot to have that sewer installed.
Mayor Ferre: Sir, your name is?
Mr. Bannick: Bannick, H. 0.
Mayor Ferre:
Mr. Bannick:
Mayor Ferre:
All right, Mr. Bannick, thank you very much and we know how you feel.
I'm speaking for a group of people at the same time.
All right, sir. Next speaker.
Mr. DeWalt: Name's DeWalt, 1129 N.W. 48th Street. I have a letter here. I'm not
objecting to the cost, I realize that we are living in inflated times and there
isn't much that can be done about that but I live on 48th Street, on the south side
of the street the residents of that area have a very accessible alley. As a matter
of fact it is so accessiblethatgarbage trucks drive through it. But on our side,
there is no alley per se and the letter here suggests the use of the alley but what
I would like to know is will we be assessed the cost of uprooting the trees ad-
ditionally to the $600?
Mayor Ferre: Will you answer that, please.
Mr. Parkes: The cost of the sewer improvement is not $600 per se. The Sanitary
Sewer is $337.50. $265 is just for a lateral so the sewer does not cost the $600,
totally it does but not for the sewer itself.
Mr. DeWalt: In other words if you're put to additional cost of uprooting trees
and so on...
Mr. Parkes: That is all included in our estimate of the cost assessed to a 50
foot lot. Now we will utilize all the alleys wherever possible and do the least
amount of disruption as we can to make it a feasible district.
Mr. DeWalt: All right, thank you.
Mayor Ferre: All right, any other speakers? Ladies and gentlemen, these sewage
projects are sometimes difficult to accept and most of the people in the neighbor-
hood don't like them because of the expenses. Fortunately, as we move along to
becoming a modern or modernized healthy city we need to put these sewage pro-
jects inand we've tried our very best to do it gradually so that it's not too much
of an impact all over the city. We spread it out over a number of years in the
payments so that people will be able to better meet these payments. It is an
unfortunate thing but it is one of those things, it's just like having lights at
street corners, we don't like them but we've got to have them. Yes, sir, I'm
sorry.
Mr. Herb Munnings: Mr. Mayor and commissioners, my name is Herb Munnings. I live
in N.W. 51 Street between 7th and 8th Avenue. We have considerable property in
there and I'm in favor of the resolution. One thing I would like to add, while
we're doing this,the streets are in pretty bad repair. When it rains up my way
the water goes over the sidewalk and... We would like to have something done to
the street in the meantime and I'm in favor of the resolution.
DEC 151977
44
Mayor Ferre: All right, sir, thank you. All right, without further discussion
then is there a motion at this time?
Mr. Plummer: I want to make sure that these people and people subsequently that
are going to speak know that there is an availability of different ways of paying
for this service. Correct?
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 77-921
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 77-842 AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR
THE CONSTRUCTION OF CRESTWOOD SANITARY SEWER IMPROVEMENT
SR-5432-C (centerline sewer) IN CRESTWOOD SANITARY SEWER
IMPROVEMENT DISTRICT SR-5432-C (centerline sewer).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre NOES: None.
30, PJRSOiAL APPEARANCE: ATHALIE RANGE - REQUEST FOR PARKS COORDINATOR
FOR THE AFRICAN SQUARE PARK.
':ayor Ferre: i see Mrs. Athalie range is here and you know we always extend the
courtesy to our former colleagues and Mrs. Range, I'd like to recognize you if you
have something that you want to address to the commission at this time. I assume
it is something that is not related to any item on the agenda, is that correct?
Mrs. Athalie Range: Mayor Ferre, thank you very much for taking me out of order,
I certainly appreciate that. For the record my name is Athalie Range and I reside
at 5727 N.W. 17th Avenue. I come today Mayor Ferre and Commissioners, in something
of what I would consider an emergency in that the African Square Park which has
long since been on the minds and books of the City of Miami and our community will
be opening with dedicatory services on Sunday of this week, the 18th of December.
My immediate reason for being here this afternoon is to present our budget for
funding. The budget has been given to the City Manager and it has been revised to
some extent. I am not here to argue the budget point by point. The revision of
the budget brings it from $151,000 to $92,000 approximately. As I said I am not
here to argue the budget point by point but I would like to point out just one
item that I think is extremely important. This particular park is a bit different
from the average passive park that we have in the City of Miami. Its intent was
to bring to the people of that area not only a park and its facilities but also a
manner of their being able to enjoy and to do something for themselves. As a result
of this we have what we might call a cultural and economic area of the park as well
as the passive things that we find in most parks. For this particular portion of
the park we would very definitely need a person who might serve as a PR person,
as a coordinator for all of the other park activities as well as in that same per-
son one who can go out and bring into the community the things we would want to
have in the park in order to make it a successful venture, the first of the ventures
on the 62nd Street which will later be known as the Dr. Martin Luther King Blvd.
The $92,000 which has been revised by the department here would certainly be accept-
able if we can have in addition to that approximately $20,000 for the person I
described and an assistant. With this I feel that we can do a job not as well as
we would like to but surely we can understand how very much every dollar counts in
the City of Miami and I would be pleased to answer any questions if you have for
me. One further thing, I need to say is that the park is opening on Sunday. Mon-
day we are going to need some kind of supervision there. You see we have a vendors
market there with 6 stalls where people will be selling commodities and certainly
these things will have to be organized and we're going to need a special person to
do that.
Mayor Ferre: All right, Mr. Manager, do you have any reaction to this now that you
can share with the Commission?
45
DEC 151977
Mr. Grassie: No, Mr. Mayor. Mr. Mayor and members of the City Commission my
impression is that in the last two or three days that there has been some extensive
discussion between the staff and between Mrs. Range's staff to see if they could
arrive at this budget that she's talking about. I think we have two things that
both she and we are concerned about. One is the question of getting full access
to the park because the contractor is unquestionably behind schedule and is now
actually being penalized at the rate of about $100 a day for being behind schedule
but the work is not completed so we have to be concerned about the question of
getting his work completed so that that facility is fully available to the communi-
ty that's one thing. That is the question of when it can be made available and
then the second thing that we need to go through is a source of funds for the kind
of support that Mrs. Range is talking about. I would suggest that between now and
the next meeting of this City Commission that we ought to try and resolve those
questions and hopefully we will have an answer for you for your next meeting.
Mrs. Range: All right, sir, I just want to point out one thing to you. We are
going to have a problem and I don't know how this is going to be solved. The fence
has been taken down today. If you were to go out there right now you would say
that it is only a miracle could happen that would cause the park to open on Sunday,
we are still hoping for that miracle. Following the opening of the park school is
going to be out tomorrow for the Christmas holidays and we would need on that park
at least two persons employed by the City of Miami in order that we will not have
problems. I don't know how the youngsters are going to be kept off the site and
so we do need some help.
Mayor Ferre: ... I don't mean to be rude to that gentleman there but we're in
the middle of a session now and unless you have an emergency sir, because we're
now dealing with something which you're going to be asked to respond to.
Mr. Grassie: Mr. Moon is a part of the staff and he is the person principally
responsible for the contract on that, that's why....
Mayor Ferre: I'm sorry, Mr. Moon, I didn't know.
Mr. Grassie: I'm trying to get more information.
Mr. Plummer: Well let me summarize, what she's asked for this particular weekend
she needs help as far as I assume a policeman or a park ranger or what is it you
really are looking for?
Mrs. Range: Well, I hate to think in terms, Commissioner Plummer, of a uniformed
policeman there to keep youngsters off the park. You see the park is going to
open tomorrow. They have these giant play things that are there. Monday morning
before the workmen can get there the youngsters are going to be there, you can be
assured of that. So you can see immediately that a policeman on the site would
really not be the thing. I think park rangers or someone to either guard those chil
dren in a given area of the park or something will need to be accomplished between
now and Monday.
Mayor Ferre: All right, Father Gibson.
Rev. Gibson: Mr. Manager, it would appear to me that the staff is necessary and I
would offer a motion that the manager be instructed or directed to try and find
the necessary funds for the staff.
Mr. Grassie: Mr. Moon was telling me that the contractor has hired some security
guards which will help somewhat the situation but I think that Mrs. Range's sug-
gestion of some additional help on Monday with park ranger personnel is a good
one so let's look at that.
Mayor Ferre: All right, is there a second to Father Gibson's motion? -
The following motion was introduced by Commissioner Gibson who moved
its adoption:
MOTION NO. 77-922
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INVESTI-
GATE FUNDING SOURCES FOR REQUIRED STAFF ON THE AFRICAN SQUARE
PARK PROJECT AS REQUESTED BY MRS. ATHALIE RANGE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Unanimous. NOES: None.
46
DEC 151977
•
Mrs. Range: All right thank you very much. Now does this mean that by next Com-
mission Meeting we're going to have a figure on the budget, is that it? ... I
see. Very well and then we will have park rangers out there Monday. Thank you.
31. AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT: GOLF PROFESSIONAL
FOR MELREESE GOLF COURSE PATIO, RESTAURANT/LOUNGE AND PRO -SHOP AND
DRIVING RANGE,
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 77-923
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH Charles De Lucca, Jr. FOR THE
OPERATION OF THE MELREESE GOLF COURSE PATIO -RESTAURANT AND
LOUNGE, PRO SHOP, AND GOLF COURSE DRIVING RANGE FOR A PERIOD
OF FIVE YEARS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS
CONTAINED IN THE ATTACHED AGREEMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre NOES: None.
32, ISSUE DEVELOPftNT ORDER: OMNI PLAZA VENETIA MARINA,
Mayor Ferre: Item No. 20. Mr. Hallo.
Mr. Hallo: Mr. Mayor, Honorable Board, this is the end part of a long road that we
have pursued for somewhat over three years now...in order to reach your honorable
Board we had to go through 58 municipal, state and Federal agencies. All I can say
to you is that last week I told my son Wayne who wants to come into my footsteps
and works in my office to become a car salesman. I am respectfully requesting from
your Board to enable me to proceed with my project. I'd like to point maybe that
the only item that all the agencies we have dealt with --and you have copies of all
their approvals have subjected the site to the highest scrutiny and tremendous exa-
mination procedures-- many of them visited the site and as a matter of fact one of
them --you will see there-- made a statement that if there is anywhere that a Marina
is to be approved in Biscayne Bay, it is this site,and we received their highest
recommendation. Thank you.
Mayor Ferre: All right, now we will hear from the Administration.
Mr. Whipple: Mayor Ferre, Commissioners, as we have indicated in our sheet before
you this is a response to a development of regional impact pursuant to State statute
360.06 called the Florida Land and Water Management Act. As Mr. Hallo has indicated
there is a very complicated process that when a development does reach a....develop-
ment reach an impact status/there are unique State laws that have to be gone through
At this point we are down to almost the final action. We have submitted from the
South Florida Regional Planning Council a recommendation to the City of Miami which
has gone through the Planning Advisory Board and now through this Commission setting
forth the facts as they understand them and as they have been submitted to the Council
for their review and evaluation. They have recommended this project subject to certain
conditions/that being the providing of Offstreet Parking designated in the Plaza Venetia
Phase I complex. that certain shoals, grasses..within the vicinity of the Marina be
properly markediand protected; thatCity not prohibit additional access to the Marina
Dock facility at N.E. 15th St. except for emergency purposes; that the Development Order
which thisCommission --if approved-- will issue include these conditions along with
the conditions that were established by the Zoning Board at their public hearing as
part for their consideration for conditional use approval and variance request. The
Zoning Board December 5th did recommend the conditional use approval and the variances
subject to the filing of a covenant, that there be no live-aboards and providing of
the necessary 150 spaces in off-street parking. Based upon the recommendation of the
47
DEC 151977
•
Regional Planning Council, their findings, the Planning Department recommends ap-
proval of this project as proposed in the conditions which I've elaborated on the
part of the Regional Planning Council, the Planning Advisory Board, the Zoning Board
and our Department.
Mayor Ferre: All right, are there speakers in opposition? Would you raise your
hands those of you who wish to speak as opponents, let's see how many speakers we
have.. How many of you feel that you have to speak?... We have five speakers for
three minutes and one that would like to speak 12.
UNIDENTIFIED SPEAKER: I'll try and make it shorter.
Mayor Ferre: All right. I want to tell you under the Charter, as you know, the
Chair has the authority to limit anybody to five minutes. I wouldn't want however
for you to'feel that I have unduly restricted your ability to express yourself so
I will go along with your 12 minutes and the 3 minutes for everybody else.
Maria Mannet Massey: Thank you, Sir. Mrs. Gordon, gentlemen of the Commission.
My name is Maria Mannet Massey, I live at 540 Reinante Avenue, Coral Gables, I'm
an attorney, I represent Trinity Episcopal Cathedral, 464 NE 16 St.
The cathedral opposes the adoption of the DRI Plan and its implementation and
your issuance of final order. May I state it in the positive side, because we are
positive, we are not negative about this. We believe in this City, we believe in
the inner City, we believe that the actions belong to the people and we believe
that this is private capital that is taking over an area to be used by a small
number of money people and not for the open public. We believe there is a need for
marina facilities. We know that by statute, as you might know, and I know Mr. Knox
knows,and the Southern Regional Planning Board knows, and counsel for Southern
Regional Planning Board is here also, that there is a requirement that the counties
cooperate and that the best site possible be found not the best site for an individual
the best site for the community, and the word community is why we are here today
because we do not believe that the community in any way will be by giving 500
feet by 800 feet of Biscayne Bay extending 68 feet from the Venetian Causeway to
300 feet to the Miami Women's Club to private enterprise. Looking at the develop-
ment of regional impact which I assume all of you gentlemen have copies of ---am I
correct or wrong in that Mr. Knox?-- (INAUDIBLE RESPONSE) Yes what?...Yes I am wrong
or yes I am right?
Mr. Knox: You are inquiring about the Planning facts sheet?
Ms. Massey: No, Sir, I am referring about the governmental sheet not the private
interest sheet. The Development Regional Impact Assessment by the South Florida
Regional Planning Council, dated November 1977, does the Commission have a copy?
Mayor Ferre: Excuse me for the interruption....Ma'am (ADDRESSING MS. MALONEY, WHO
WAS SITTING AMONGST THE PUBLIC) I like to smoke cigars and I am going to smoke my
cigar. I'll tell you we have a ...
Ms. Massey: Is that a Habana cigar?
Mayor Ferre: No, a Jamaican cigar that the counsellor just gave me, I know that you
are concerned and disturbed. There is a non-smoking section over there and the cigar
smoke will not bother you. (INAUDIBLE RESPONSE). Why don't you sit on that side?
(RESPONSE) All right, thank you, you have your rights and I have mine, proceed.
Ms. Massey: May I ask you?...Does that cut my time, Mayor? Thank you. May I ask
you to turn to page 1 in the introduction?...May I ask you please before you approve
something if you'd be kind enough to give us the courtesy of reading it and letting
me point out some problems? ....Okay, the development of regional impact assessment
for Omni, Plaza Venetia Marina. Page 1.
Mr. Plummer: Wait a minute, I am completely lost, you gave me a thing called
"biographical summary"...
Ms. Massey: That is done, Sir, in preparation of our expert witness. While you
were looking for the correct paper which Mr. Knox is trying to hand you, Sir, I was
giving you a detailed resume of our expert witness to avoid having to read it into
the record. I was trying to save time.
Mr. Plummer: Okay.
Ms. Massey: Page 1. I call your attention to the second paragraph, it says:
,Niti■■ ■'III II111111111111111
DEC 151977
"The assessment is largely based on --it should say 'upon' --information supplied
by the applicant in the application for the development approval." There is no
public interest there. I then go down to the last sentence, it says: "Water and
water -related elements of the project were also reviewed by the South Florida Water
Management District." I wish to read to you from the official impact assessment
prepared by the South Florida Water Management District dated November 17, 1977-
paragraph 2: "Water resources, water quality: We note" --and I'm quoting now from
the South Florida Water Management District. "We note that at this point in time
the majority of private votes do not have holding tax on board containing sewage.
Current local, state and Federal regulations prohibit the discharge of sewage into
the coastal waters. The applicant has indicated that signs will be posted warning
boaters not to flush, that all boats are prevented from discharging any sewage into
Biscayne Bay under penalty of law although the abutting land area is highly urbanized
and the project is located in the Biscayne aquatic preserve. For this reason the
regulations regarding the discharge or sewage must be strictly enforced." My friends,
there is no enforcement agency. Second paragraph: "If these measures are adhered to
minimal adverse water quality impact are expected to result from this project." But,
there is no enforcement: Continuing on: "In the second paragraph, second sentence:
"The recommendations are intended to assist the City of Miami" --in your responsibi-
lity, and those are my words-- "in reaching its decision regarding the proposed de-
velopment." I quote: "they are not intended to foreclose or abridge the legal res-
ponsibility of local government to act pursuant to the applicable local laws or or-
dinances." Turning to page 8, in the middle of the page, number 1: "Based upon
information submitted" --by whom?-- "construction of the marina will not result in
significant additional adverse impact on the environment." At this time, ladies and
gentlemen, it gives me great pleasure to introduce --and interrupt my 12 minutes, but
I'll be back-- to introduce to you one of the three minute speakers, Dr. Anitra
Thorhawk,the editor of the book Biscayne Bay, organizer and chair person of three
symposia on Biscayne Bay, author of 34 scientific articles and abstracts on Biscayne
Bay, chair person of the Univ. of Miami Research Council Committee on Biscayne Bay.
Principal or Co -Principal investigator of about $1 million of Federal Grants on
Biscayne Bay. She has studied Biscayne Bay for the last 15 years. She is considered
by many governmental agencies and scientists and Dr. Eugene Mann, from the University
confirmed today there is only one person to get today and that's Anitra. And
that's why I introduce to you Dr. Thorhawk, you have her full fiographical data.
Dr. Thorhawk.
Dr. Thorhawk: My name is Anitra Thorhawk, I reside at 600 Grapetree Dr., Miami,
Florida. I am opposed to the DRI and to the implementation and final order before
you on ecological grounds. I feel that granting of this will materially and sub-
stantially adversely affect the plants and the animals in the basin between the
36th St. and the Venetian Causeway and I base this on my first hand observations
of the plants and animals yesterday and during the past five years in this area,
including the exact site that we are talking about for Omni. Yesterday, for
instance, I saw abundant oysters, clams, very large schools of thread herring and
glass minnows, many kinds of sponges, napping shrimp, blue crabs, stone craps, warms
of many species, three species of sea grass -which are not mentioned in the report
you have and at least 12 important species of algae, -I won't bore you with the Latin
name of all of this- in the site where the Omni Plaza Marina is to go. The environ-
mental damage that will probably occur from this will be as follows: The sea grasses
present will be disrupted by the constructed activity; the propellers turning up the
unconsolidated sediment in the basin and by smothering, by the sediment that will
occur. The shell fish and the warms present which constitute a large part of
those animals there will be disrupted by the sediment put into construction suspen-
sion and propeller action. These animals, of course, will be shaded by the many
boats that will eventually be there. These animals form very active fisheries
for the people from the inner city who fish on the Venetian and the MacArthur Cause-
ways directly adjacent to this. At the very least, I would strongly recommend a
covenant for a three to one mitigation effort as the Department of Transportation of
Florida has recently been required to do to restore sea grasses to the people of
Dade County and in adjacent areas for their use because there will be extensive eco-
logical damage done by this Marina which in no way will offset the few public slips
which will be gained. Thank you very much. I would like to add that in the handout
Mr. Blipstein just gave you there is an incorrect statement about the location of no
biotas whatsoever; he is using a very dated kind of a reference and the information
I just gave supersedes anything in the handout you were given.
Ms. Massey: In addition thereto, we have a State Biological Report though not as
detailed as Dr. Thorhawks', it substantiates that marine life exists. That was sub-
mitted to the Council. Now, let me take you back to page 11 --I'm hurrying-- page
11, please, second paragraph: "The Marina will include facilities for sewage pumpouts
as well as refueling" --well, we've already found out that there are no holding tanks
so who cares --"no parking will be provided for the Marina" --now, isn't that good
City planning! "There does appear to be one problem..." --can you imagine?-- "the 88
states that the Marina will be used by oats with a draft of up to 5 feet and the
49
DEC 151977
•
depth of the harbor is measured between 3 and 15" --no dredging either, by the way,
I don't know how those five footers are going to get in the 3 foot but I guess
you'll put them at the end -- "Environmental Act", at the end of page 11, please,
"Impacts on Air Quality" --have you ever been around three hundred boats when they
start to pump out?..Where they pumping out sewage?..Pumping out the belgis?..And
of course, no one pumps oil on Biscayne Bay, we know that, we walk Crandom Park,
don't we?-- And I continue on: "No separate parking facilities are being provided
so vehicle emision will not be considered, since there is no parking, there is no
emision problem. Turning on to page 13: "Plot Plans: The Marina is located within
the 100 a year flood thrown area. --This poses no problem with the possible exception
of petroleum or sewage storage." I find that completely contradictory. It goes on
to state at the end of that sentence: "No sewage holding tanks will be required
because pumpout will go directly in the Municipal System, this should alleviate any
potential problem. There are no areas of endangered plans or wild life located on
the site." This is the Report you are asked to accept. You have heard Dr. Thorhawk's
testimony. Turning to page 14, bottom of the page, Waste Water Management. Assuming
we pump everything into the sewer which we've heard from the official report of water
of the State of Florida that there are no holding tanks, I ask you gentlemen and
laidy, if you would be kind enough to tell me if Virginia Key has the capacity to
take care of this. We have found out in an environmental law class at the Univ.
of Miami that it does not operate 24 hours a day and is incompetently maintained.
The guidelines that are pointed out in regards to drainage on page 15 to wit what?,
there is no enforcement agency? Item 4,"Solid Waste will be collected by the City
of Miami." Lots of luck, ladies and gentlemen. Turning to the last page, and
then one last comment, please-- first come first served, the public marina. But
the parking is cut in the Ordinance from 300 to 155 because they are all going to
live in Plaza Venetia Omni. Who is the public? A comment was made by a Mr. Whipple
with regards to a covenant entered into not by Trinity Episcopal Cathedral, in re-
gards to live-ons. No one knows what a live -on is? I have asked the South Planning
Council they said they have no idea. The covenant says: "with permanent domicile"
domicile is a technical legal word of art. We refuse to enter into this covenant,
we are not a party to this covenant and we have never accepted it, and Mr. Hallo
so accepts it and understands.
Finally, page 16, Transportation. Only 475 cars extra over the Venetian Cause-
way per day. Only have of them come across that way but the blockage right now on
15 Street is apalling. In conclusion again, no parking facilities are being provided
for the marina, quote, unquote. What's the good of having ordinances?..Why do you
pass them? Why do you violate them? Why do we have statutes? I urge you not to
adopt it, thank you kindly.
Mayor Ferre: I will recognize the next speaker at this time.
Ms. Millard: My name is Mary Millard, I am a member of Trinity Cathedral and also
a pioneer Miami family. My address is 8401 SW 107 Ave. I believe the construction
of the boat marina on the bay behind Trinity Cathedral would be a tragedy and an
incalculable loss to the religious and culturally minded people of the City of Miami
as well as all people interested in preserving the environment of our country. Miami
pioneers remember a beautiful beach that was for the unlimited enjoyment of all people
then the construction of hotels on the ocean side of Miami Beach cluttered up the
beach area and spoiled it for the public. Now they want you to destroy Biscayne Bay
and the naturally beautiful setting of Trinity Cathedral. Politically inclined and
money interested people have already done immesureable damage to the beauty of our
Cathedral which has long been a Miami landmark by the construction of a grotesque and
unsightly parking garage in front of the Cathedral. Now, they are doing everything
in their power to destroy the beauty of the Bay by cluttering it with boats and the
trash and pollution that will necessarily accompany such enterprise. Even though it
has not been publicly stated, one wonders if their ultimate objective is not the com-
plete destruction of our magnificent Cathedral. A strip of Biscayne behind Trinity
Cathedral and the Miami Women's Club is now the most beautiful and tranquil natural
strips of bayfront public property left in Miami. Does our dear City 'have to become
all honky-tonk or have a strictly carnival -type atmosphere like some others I could
name? We should be doing everything possible to preserve the remaining remanants of
our natural beauty. And speaking of religion, we should be doing our utmost to enhance
the beauty of our TrinitY Cathedral which incidentally is a place to retreat, an
inspiration for all Christians not just Episcopalians. If Christians, Jews, environ-
mentalists and all those who sincerely want to protect the beauty, and a cultural and
religious heritage of our beloved Miami would unite and fight half as hard as some
people do, for instance, those who want to keep open adult movie houses, promote other
demoralizing influences, we might conceivably win against instead of always losing to
the money makers.
Mayor Ferre: All right, the next speaker, please.
Ms. Benson: My name is Mannet Benson, I reside at 830 W Taiedv Dr., Miami Beach.
50
DEC 1 51977
1
In 1971, I and 20 other home owners received notice from the City of Miami Beach
about a change of bulk -head por Pelican Island. One month later we held a public
hearing, the City planned to raise up Pelican Island in Biscayne Bay and we beat
them not only at a public hearing, our legal counsel was Dan Paul and it was his
suggestion that a public hearing solves things for five minutes, that our best route
would be to go to charter amendment,to change our dear City's charter forbidding
our City from ever issuing a dredge and fill permit again within the City's boundary
in Biscayne Bay except to fix an existing sea wall. I will remind you, Mrs. Gordon,
and gentlemen, that when that appeared on the ballot the following November of 1971
that Charter amendment passed better than 4 to 1. I am a resident of the City of
Miami Beach. I pay along with everyone in this room and everyone in this area very
hefty taxes to Metropolitan government. I submit to you that the Bay is not yours
to desecrate, that it is an estuary, that the Federal Estuaries Act provides monies,
Federal monies to restore and maintain this irretrievable natural resource, that the
State and the municipalities -the cities- and other governmental agencies have an
absolute duty to hold it in trust and not let it be dredged, filled and in every which
way create visual and other pollutions. I feel that you ought to know about that
Federal Estuaries' Act, it is public law 90-454 and apply yourselves through your
Legal Department for such funds. I think you know that historically people came to
the shores of Biscayne Bay about 4,000 years ago and further if you've lived here
long enough you know that people --I suppose developers can be called people-- have
been abusing it for only the last 75 years. They've polluted it, they've dug up the
Bay bottom, built bulk -heads, filled parts of it, constructed islands and seaports
and expanded it with six major causeways. The dredge became the State emblem of
Florida, the landscape changed forever starting in 1913, those dredges worked day
and night for 15 years. I submit to you enough is enough, I ask you as a citizen
of Dade County Florida to vote no.
Mayor Ferre: All right, are there any more speakers? All right, we have two more
speakers.
Ms. Collins: Members of the City Commission, my name is Dafney Pullin., I reside
at 4370 Dr., Miami. I have grown up here, in Miami, my parents and grand-
parents worked here before me. I have gone to school here in Miami at the Univ.
here, I've taught school here in Miami and I'm very concerned with the progress
in Miami and it's been good in many many respects for all of us. There is a point
though when we should watch what we are doing when it comes to desecrating our Bay.
Our Bay,it's one of the main things that we all enjoy. I sail in the Bay, and I
used to go swimming in it at one time and it just seems a shame that it is not
going to be left for the public. This particular marina enlarged the idea that
variance was given for them to put in a marina in the first place to the extent
that they have from 25 feet..now they want to go 500 feet into the Bay and all the
way from the Venetian Causeway down to the Women's Club. That's a tremendous hunk
of Bay, it's a wide vistas and expanse of the Bay that is so enjoyable and that is
blocked off not only for the regular boaters because those are not the kind of boats
they are anticipating having there, to the small boats that you and I would use, then
also there is no way for the public to get in to see the Bay, even what's left of it
between that's strip. Just beyond there, there is a very lovely park, the Margaret
Pace Parkland if they want to put in a marina for small boats that'd be an ideal spot
for it and not something like the developers want to make the money out of and also
it's right adjacent to the Venetian Causeway, the draw bridge there, and if they are
increasing it up to 300 boats trying to get in and out every day particularly in the
weekends going over to the channel there/that Causeway is going to be up and down a
great deal of the time and you heard the report on the expected transportation across
there, I don't know who pays the rise of the bridges but I'll bet you it isn't the
owners of the Marina or the boat owners and that's going to be a tremendous expense
drawn out of the taxpayers just because they want to put it right by the Venetian
Causeway. Now, I am also a member of Trinity Cathedral and I'm very concerned with
it from the standpoint that we, the parishioners there, it's the center of our lives.
Now, some of the people may not live right in Miami but the whole of their lives is
centered around their life in the Cathedral and to have all this excess thrown on
to the area there, the streets, the access street to it like 16 St. and 15 St. and
North Bayshore there. The whole area is going to undergo influx of population which
is going to be very difficult for those streets to handle. To put in a marina is
going to cost additional things with no parking for them and no access to the general
public is even going to increase the situation. I don't know where Mr. Hallo lives
and I don't know how long he has lived here but I doubt if his concern is with
Biscayne Bay or with the City of Miami. It would look like he has gotten an approval
for some kind of a marina there, for the apartment house ...something like 78 boats
and things seem to be following very much the pattern that they did for Omni. You've
got a very nice plan all laid out, he wasn't going to do this, he wasn't going to do
that, pretty soon he got a buyer for it same way as with Omni, it looks to me...I
don't know, I may be wrong but this is what I feel, that he has gotten a buyer for
this Marina bit now and they are not going to make enough profit off of it for the
78 boats they want so that they can make more profit, say something like 300 boats
51 DEC 151977
throwing all the sewage, all the grease and everything else into the water there.
and I don't think that's any profit to the community at all.
Mayor Ferre: All right, thank you very much. All right, next speaker.
Ms. Kinkade: My name is Gretchen Hans Kinkade, I live at 1779 Michinopia Avenue
and have lived here since 1898. I've gone to Trinity Church since I was 5 years
old so I don't have the objections so much as I would like to ask questions. Will
the City receive tax money for the space that these docks occupy? Will they receive
rent? ...No, they wouldn't receive if they receive the tax money..then, I was sur-
prised recently to be told that Omni owns 16 St. and I fail to see how that came
about but they are dictating what will be in that short street by the church for
people entering and leaving and if it is owned by Omni how is it that there are 3
or 4 City parking meters on it.
Mr. Grassie: It's not true.
Ms. Kinkade: It's not..but they are dictating how many cars can drive up, at least
at the zoning meeting. The Zoning Board said that they would.. it would be for walking
with a few cars going in and out and I never did understand where the gasoline truck
is going to get in there to fill to buy gas for the boats.. they were going to come
in. And I just would like to ask as a matter of interest if you all have been down and
looked at the East side of the Omni building which we look at every time we go down
that street, it is no work of beauty. Thank you.
Mayor Ferre: All right, are there any other speakers in opposition? Mr. Hallo in
rebuttal. How much time do you think you'll need?
Mr. Hallo: Very little time, your Honor. Just a few moments, categorically I will
answer with your permission. I must congratulate Dr. Massey here not for her tech-
nical knowledge and not for her ability in law but her ability in courtroom theatrics,
it was quite admirable. She has presented you with a piece of paper, I believe you
have read it, and therefore the various documentation from the South Florida Regional
Council, Mr. Peterson had written to you stating (but she didn't quote that part of it
obviously) that it is the best site for any marina..for any marina, in the Bay, in
Biscayne Bay, the best site. That's all my comment to her. I am taking up now Dr.
Throhawk. Stone.crabs and herrings must be growing awful fast, that's all I can tell
you because in her Report in the Biscayne Symposium Report No. 5, April, 1976, in her
Report, figure 1, page 102, the bay bottom in this particular area consists of mud and
silt, no fauna, she has admitted whatsoever in April, 1976, but people do talk out of
both ends of their mouth sometimes. Now, we have been told that there are no holding
tanks, on the contrary, there are holding tanks properly designated in the plan part
and parcel of our submission...
Mayor Ferre: All right, let's get through that real quick. Are there holding tanks
in the plan? (INAUDIBLE RESPONSE) There are, okay. Excuse me, go ahead.
Mr. Hallo: And to answer the lady who was the last lady who did a very fine observa-
tion, these holding tanks will be serviced by pipelines from Bayshore Dr. and will
not bring down any trucks to the bayfront. Incidentally, upon request and meetings
with Bishop Dunkin, Reverend McCormick, we have agreed to the request of their Trinity
Cathedral that 16th St. will be a pedestrian walkway at our cost, we are spending in
excess of $200,000 to cobble stone it in the 500 feet from Bayshore Dr. to the Bay,
landscape it --we hired one of the most renouned lanscape architects in our City,
Julia Molieri, who has designed the plan we submitted that plan to the City, it will
be landscaped, sculptured, properly prepared for people's amenity. I must tell you
how I have heard it from the rest of the people you have heard about the public marina.
This facility was not a public marina. It was...it has access to public, it is not
a public marina, I could not build in front of the Margaret Pace Park. Incidentally,
it may be a very good site for it but you own it, the City of Miami, you may build a
marina there I cannot, I have to build it on the property I have bought with my hard-
earned monies. The next item is of course Ms. Millard, avery fine lady with a very
fine family, Ms. Benson who i:= alluding to my dredging, I have not asked for any
dredging permit and I am not dredging; however, I think and I must state it to you,
Honorable Commission, that it is preposterious to allow people like Ms. Millard from
South Miami, Benson from Miami Beach, to tell us in this City what to do with our
Downtown. Thank you.
Mayor Ferre: All right, does anyone else want to make..without..and I would like to
request that you all....I am going to give you all the time you want but I just want
you..I want everybody to just hold off for a second and calm down, let the blood pleasure
go down, and down, and just hold yourself down for just...we've got about three more
seconds to go and then I'm going to let you talk. Now, okay.
Mr. Benson: I want to emphasize again that Biscayne Bay has an ecological system.
52
DEC 151977
An eco system is interdependant, one element with the other. I do not imply that
Mr. Hallo is dredging. I do imply that I have a right as a citizen of Dade County
is discussion of Biscayne Bay to claim it as my own while I and others alive now are
short-term constituents on this earth and so is he and the Bay was here long before
we got here, let us hope that the Mr. Hallos of the world notwithstanding it will be
a healthy eco system long after we are gone.
Mayor Ferre: All right, are there any other speakers at this time?..Then we are going
to get to questions.
Mr. Blipstein: My name is Dr. J. Frederick Blipstein, my company is a planning
consulting firm for Florida East Coast Properties and the designers of this facility.
Very briefly I would like to reiterate some of the key...
Mayor Ferre: Are you a medical doctor?
Dr. Blipstein: No, I'm a Ph.D.in Urban Studies and Urban Planning, with a Masters
in the same area.
Mayor Ferre: I see. I'm not trying to..you know, it's just to clarify the record.
Dr. Blisptein: The marina itself took approximately two years to plan. Let me em-
phasize very clearly each of the planning stages was done in conunction with the
various state and federal environmental agencies who have responsibility for issuing
such permits, including the Army Corps of Engineers, Department of National Resources,
State; Department of Environmental Regulation, State. The area was reviewed over and
over by their field biologists as well as their planners and in written correspondence
which is a part of the files on record with the City of Miami designated by the Army
Corps of Engineers, designated by the DER, designated by the South Florida Regional
Planning Council and, by the way, the vote of the South Florida Regional Planning
Council, at the meeting of which Mrs. Gordon was a member, was unanimous, there were
no staff objections to the submission which was presented and reviewed. However, the
Mayor Ferre: Unanimous?
Dr, Blisptein: Unanimous, no objections?
Rev. Gibson: I didn't hear...unanimous?
Dr. Blipstein: Yes, Rev. Gibson, unanimous, there was no objection to this project
by the South Florida Regional Planning Council. The area itself has been designated
in writing as the best area on Biscayne Bay for the implementation or building of a
marina facility. Let me state some other facts, please. There is approximately a
3-year waiting list in the City of Miami proper for boating spaces on Biscayne Bay.
There are approximately 3,000 boaters who are waiting for spaces on Biscayne Bay.
Other than the marina at the City of Miami, at the City of Miami Beach which is on
its planning stage now, there are no municipal funds available to complete additional
marina facilities for the boaters of Biscayne Bay. May I continue or...? Mr. Mayor,
I would like to reiterate that the record is voluminous and clear, this marina was
designed in conjunction with the environmental agencies, the reviews were the most
scrutinous of any marina ever proposed on Biscayne Bay. The design itself incorporates
pollution controls which have never been put into effect at any marina, which are now
a matter of State Dept. of Environmental Regulation mandate for any new marina proposed
in the State of Florida. It came as a direct result of the planning in conjunction with
the State and Federal officials in this facility. In addition, this particular faci-
lity even though itabeing built privately is open not only to the people in Plaza
Venetia and the Omni complex --and it will serve by the way the Omni Hotel as well and
provide access for some of those boats who may bring conventioneers to the Omni and
who will benefit the City of Miami and Dade County in general but the area of Biscayne
Bay itself does not preclude individuals from going into that Marina, it does not
preclude public access to that area, it does not preclude public access to the Bayshore.
As a final point and perhaps the most important point. The facility has been designed
to encourage the public to come back to Biscayne Bay to that particular part of Bis-
cayne Bay and to provide access and recreation for the public in an area where little
of such exists.
Dr. Anitra Thorhawk: Thank you. If I may just correct the record evidently Mr.
Hallo didn't hear what I said. The map which you will see in our book called
Biscayne Bay was done by Dr. Martin Hustler, some 5 to 6 years before and it was
a very generalized map of Biscayne Bay because he had a very small amount of money
to do this and that map in no way says the specific areas are designated by the kind
of coloring and so forth that Mr. Hallo suggested on page 109 but that was to be a
generalized map of the various basins of Biscayne Bay so the documentation I gave by
far supersedes Dr.Hustler's map. I would like to add that much of what has happened
on Biscayne Bay during the past 50 years also has been with the approval of the Corps
of Engineers, with the approval of the State and just because of these units have ap-
proved things.
53
DEC 151977
proved things it does not mean that they are environmentally correct. It is hoped
that we will have a new day on Biscayne Bay and that the ecology will be saved for
the people and for their access and use. Thank you.
Mayor Ferre: All right, are there any other statements to be made this afternoon?
If not, I will close the public session of this hearing off and we will now open the Com-
mission's questions, resolutions, actions or otherwise. We have one late speaker
who wishes to address the Commission.
UNIDENTIFIED SPEAKER: Thank you, I did not plan to speak,I am a member of Trinity
Cathedral and I am very respectfully greatful to you to address you because I am
not young I have observed what has happened to our great cities in their anxiety and
being caught in the web of voting without realizing that people must be considered
and I wonder and I do believe that you do know that Trinity Cathedral is priceless
beyond words. It is built on coral rock, Miami is built on coral rock. It is some-
thing for you to cherish and think about. And, as my mother said, the mills of the
Gods grind slowly but they grind exceedingly fine. There is a great power that is
recognized by the scientists you may call it whatever you wish I call it a spiritual
power and if each and every one of you do search for the right answer for Miami, for
a great cathedral that is history of Miami, you will be greatly blessed and I thank
for I did not plan to speak but I feel really that you will accept what I have
to say, and thank you.
Mayor Ferre: All right, thank you Ma'am. At this time, I will open up to the Com-
mission this public hearing for questions or resolutions.
Mr. Plummer: I just want to have our staff go on record. Mr. Fosmoen, I've heard
conflicting reports about stone crabs and no stone -crabs and the allergy and no
allergy and lobster and no lobster...
UNIDENTIFIED SPEAKER: You even have an invitation to go down in wet suit or without
it if you prefer...
Mr. Plummer: I guarantee you I'm going to be there tonight looking for the stone -
crabs but that's beside the point. Mr. Fosmoen, has your Department thoroughly
followed --and I'm sure they have-- that this man has gone through each and every
requirement and agency and that what has been said is correct that he in fact has
been approved at each and every agency.
Mr. Fosmoen: That is correct. He has followed the steps with DRI (Development of
Regional Impact), he has been approved by the South Florida Regional Planning Council;
your staff supports that recommendation with the additions provided by the Zoning Bd.
providing granting variances to this project and those are incorporated into the
Resolution that's before you.
Mayor Ferre: What is the will of this Commission?
Mr. Plummer: Go for a swim:
Mayor Ferre: What is the will of this Commission? You've heard the testimony, you've
heard the discussion you've heard the staff it is now time to fish or cut bait.
Mr. Plummer: When everybody else fails -I've told you- I'll always make a motion,
you might not like it but....
Mrs. Gordon: I just want to make a statement then you can make your motion. I am
on the Regional Planning Council...At the Regional Planning Council we were given
great amount of information which of course we rely upon and we rely upon the Regional
Planning Council's information not only for this application but for applications that
affect many regions and many areas. There were questions by Board members but ques-
tions were resolved satisfactorily to the membership and there were none that abstained
or voted negatively. I don't remember seeing any of you there who are here today to
state your views in opposition. The need for marinas is very apparent to many people
and the preservation of the Bay is an apparent need to many people. We will sit in
judgment and have to weigh all factors, we are not Solomon, you know, there is no way
that I know of that we can...all right, I will speak for myself, I am not Solomon or
Solomonia...however, since there is this real serious need to make facilities avail-
able to this community.. because this is a community that relies upon tourism and the
attractions that we have to offer to tourists and I remember being opposed to the Omni
development itself and I was alone in that, you may recall. However, I have to say that
even though the mass of the Omni's development overwhelms me sometimes I'm delighted
with the results that it has brought to the City from the economic standpoint, the num-
bers of people who want to come to Miami just to be able to visit Omni, and I want you
to know that my family enjoys going there even with the ugly east side. I really mean
that. I am going to let Mr. Plummer have the real pleasure he desires to make the mo-
54 DEC 151977
4
tion but I'll second it.
Mr. Plummer: I don't believe this: I make a motion that Rose Gordon resign froth
the Commission.
Mrs. Gordon: You would miss me.
Mr. Plummer: Mr. Mayor, is the plural of Solomon.. salami? Mr. Mayor, I make a
motion, you know, we don't sit here I have found in eight years in a popularity
contest, all I've got to say to you is very simple. This man has been put, this
developer, as he says and I have to assume it's correct, I've never known him to
lie to us before, through 58 agencies. Fifty eight agencies have said that this
man is not going to do any damage. I have to rely on my professional staff. I guess
I am the only one as a voter on this Commission that knows the problems of trying to
get a space to dock a boat, we have a 4 -year waiting list in our own public marinas,
4 years, I put my name in and it took me 5 years, I have a little cloud around here.
But I will tell you that the voting public are part of the public and they must be
served and I think we are here to serve all people. This man as I understand it has
proposed to build on that property which is his, that it does not infringe upon the
property to the north or to the south. I think some of the most beautiful areas
of this country and one in particular which I have just returned from which is San
Francisco..one of the great areas of San Francisco is the Warf area in which the main
motif is that of the boats and the tranquility of being in that particular area.
Mr. Mayor, I move to you , Sir, that the recommendations with the attachments so
ordered by the Zoning Board that I move for approval.
Mrs Gordon: I will second it then and make certain that Mr. Knox agrees on the re-
cord that the inclusions requested by the Regional Planning Council are included in it.
I know they are but I just want it on the record.
Mr. Plummer:
Mrs. Gordon:
Mayor Ferre:
Rose, I said in my statement that all of these agencies have approved.
There is specific wording that has to be included.
It's self-evident in this whole thing.
Mr. Knox: The wording that was recommended by the South Florida Regional Planning
Commission is incorporated into and made a part of the Resolution that is before you.
Mrs. Gordon: Thank you.
Mayor Ferre: All right, now there is a motion and a second. Is there further dis-
cussion by the members of the Commission, if not, please call the roll.
Rev. Gibson:
first time I
Bishop wrote
Mr. Mayor, before you call the roll. I guess that for me this is the
have said I am not going to vote on a matter only for the reason that my
a letter and Dean wrote a letter and I find myself....well, ....
Mr. Plummer: Father, I don't know of a greater conflict of interest...
Rev. Gibson: Sir?...
Mayor Ferre: Well, the Bishop wrote a letter and here is the letter...Well, I think
that what Father Gibson is saying is that because it is a matter that involves Trinity
Cathedral, of which he is a Canon, that obviously since this is a matter that deals
with the Episcopelian church that he should recuse himself from voting and I would
imagine that that is something that he would have in his own heart to decide and I'cant
certainly tell him that he should vote against his Bishop or any other way and I
think that if he feels that it is a matter of wisdom that the man should recuse him-
self. I'm guessing now but since there are two makers of the motion and I know which
way I am going to vote I think it is very academic, and let that suffice.
Rev. Gibson: I will abstain.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-924
A RESOLUTION ISSUING A DEVELOPMENT ORDER (A COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF) FOR THE OMNI-PLAZA VENETIA MARINA LOCATED
IN BISCAYNE BAY, IMMEDIATELY NORTH OF VENETIAN CAUSEWAY, EXTENDING AP-
PROXIMATELY 800' NORTH OF VENETIAN CAUSEWAY AND APPROXIMATELY 500'
EASTERLY.
55
DEC 151977
(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 Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES; None.
ABSTAINED; Commissioner Rev. T. R. Gibson,
ABSENT: None.
Mayor Ferre: Well there are three votes now so obviously this matter passes.
Now let me express my opinion before I vote. In the first place,I don't think
that you can think or treat the core area, the very core area of Miami in the
same way as you treat the outlying area and that happens on land. I'm not talk-
ing about water now I'm talking about the land. If you don't want urban sprawl,
if you don't want this community house to house all the way down to Homestead then
you've got to recognize that there are certain parts of this community that must
grow vertically. You cannot have rapid transit, ladies and gentlemen to one acre
estates - It doesn't work. You have to have certain parts of this community that
have to be the core urban high density areas. Now, I realize that the ecology
of the bay is tied together, that you do have problems when people throw things
out in the Miami River that affect Miami Beach. And I recognize that what happens
on Miami Beach affects perhaps St. Augustine and New Smyrna and Jacksonville
and perhaps into Georgia and South Carolina. And I realize that when there is
a dust storm in the Sahara we sometimes get dust in Miami. I recognize all these
things. We live in one world and we're all tied together. However, as Mrs.
Gordon ably put it, I think we have to weigh these things in balance. We have to
look at the consequences. Of course, St. Patrick's Cathedral did not want Rocke-
feller Center built around it, I don't blame the Cardinal of New York at that
time for opposing construction of Rockefeller Center and I don't think that St.
Patrick's cathedral has in any way been enhanced by Rockefeller Center even if it
has an ice skating ring. And I'm sure that the gallery that was built in front
of the Cathedral of Milan was also something that was not sought after or desired
by the Cathedral Church of Milan but these are things that unfortunately, in urban
areas throughout the United States and throughout the world/have to happen. Now
let me put it to you this way, if this matter, if this marina were in the area
south of Peacock Park, if this were in an area which is far from the center I
would feel differently. However, this marina is at the very base of the very
heart of the deep water port of Miami. Within a few hundred feet you have the
heaviest industrial use of water in this community because we have no less than
two dozen ships that arrive there every week and we want more, not less. And I
think that,as the report has shown, and I think it is for this reason that the
request has achieved 58 permits and a unanimous report from the regional body is
because it happens to be in the right location for this type of a development.
Lastly, I might say that we in Miami are striving to try to get tourist and eco-
nomic development. We contradict ourselves all the time. We c'on't want gambling
but we don't want this. We don't want Watson Island. We don't want Interama.
We don't want anything. We don't want to do anything. We vote down the Orange
Bowl. We vote down housing in the county but we approve a zoo. We vote down
everything in this community but, of course, we want economic development. We
want tourism. We want prosperity. We get very upset when there is unemployment
that goes up to 141, 20% in the black community. You know we get very upset
about that but then when it comes time to doing things that are positive, that
do create jobs, that do create a healthy economy, then we don't want to take those,
we're against - we're against. So I think this is one particular project which in
my opinion is not very hard to vote for. I don't have much of a conflict on this
one in my mind. I'm sorry, Bishop, and I apologize, Dean and ladies of this very
beautiful cathedral and I'm sorry that it is going to go this way but that's the
way things go in life and we have to each vote our conscience and I vote yes.
56
DEC 151911
33. PERSONAL APPEARANCE: rF D HIRT REGARDING CITY'S SUPPORT OF
SEiIIOR DAY CARE PROGRAM,
Rev. Gibson: Mr. Mayor and members of the commission, Mrs. Gordon and I were up to
visit them and we thought that had we got national and world-wide recognition for
some money that we had :pent, something we don't usually get, and Mrs. Gordon and
I just thought that he ought to come here and tell you about that money he got
that that he has spent. Go right on.
Mr. Fred Hirt: Thank you. Mr. Mayor and members of the commission, my name is
Fred Hirt. I'm Executive Director of the Miami Jewish Home and Hospital for the
Aged. We are pleased to be able to have received through the City of Miami over
$99,000 through Revenue Sharing Funds to establish, and we've been awarded the con-
tract to run/the City of Miami's Senior Adult Day Center at Legion Park. This
program, as you may know, was established to provide very meaningful services to
help prevent needless institutionalization of individuals who unfortunately have
been incarcerated in their own homes and fortunately as the result of your efforts
this pro:u am was established. It is interesting that approximately two years ago
there was a task force which was established through the Joint Information Service
in Washington, members of the American Psychiatric Association and Mental Health
Association. Now, Mr. Mayor, you will find a book which was published represent-
ing the two year: of study and they went through eight countries in Europe, they
visited over 100 facilities here in the United States and selected one program to
be a model, a model for this nation and that was the City of Miami's Senior Adult
Day Center. I'll tell you we're proud to be affiliated with the City of Miami to
have received permission from ....
Ass. Gordon: We're even written up in the book, Mayor, our name is in there.
Mr. Hirt: The write up is absolutely incredible. We have received press now and
as a result from Washington, the State Department this past week you'll be inter-
ested to know sent 40 people - it was in the paper last week, excuse me - sent 40
people here from Germany and Switzerland and they sent an interpreter and they
talked about development of Day Care Programs and using this as a model and we
will be conferring now with three people from Germany and Switzerland to develop
significant programs, meaningful ones in Europe and the City of Miami program will
be the prototype. You will be interested in also knowing that this program was
designed to serve 30 people each day. The average enrollment at this point is 40.
Ninety-two percent of the people in this program are below the poverty level. Only
40 of the individuals have a spouse, most of the individuals live alone and 94`L of
them receive transportation services through the City of Miami Senior Adult Day
Center Program. The majority of people involved in this program suffer from one
major diagnosis. We can talk about the multiple diagnosis, the cardiac problems,
the parkinson, the arthritis, the diabetes but the majority of these individuals
suffer from one problem and that problem is loneliness and throuah your efforts
that major program has been able to be isolated and we have been able to attack
it. The basic services offered in this program are meals, reality orientation,
drug education. If you read last week in the issue of Miami Magazine you'll see
an article entitled "Mother is 85, She's an Addict". It talks about the kind of
drug education programs which are taking place here at this program. It talks
about the programs in mental health, the programs in Day Care, the coordination
of services throughout this entire community so that we can help to obviate the
necessity for needless institutionalization. The goal of this program is to pre-
vent institutionalization, to prevent individuals from being misplaced, to design
a program finally where it talks about the needs of individuals. I can go on and
talk about the needless use of individuals in programs who are unfortunately peo-
ple who are regardless of their abilities been forced to fit into certain programs.
Here, through the staff and the dedication of the Parks Department and the commit-
ment of coordinating the efforts,here a program has been designed to 'help keep
people in their own homes which is where they want to be for as long a period of
time as possible until such time as they can no longer function. You'll be inter-
ested knowing that of the initial 30 people in this program 14 were on the waiting
lists for nursing homes in this community, at the present time a total of 28% of
the population of this facility, these programs, are now individuals who were on
the waiting lists of nursing homes and were scheduled to enter nursing homes at
a cost which would have exceeded the entire cost of this program in six months
each year. Now 28% of those people who are on the waiting list for nursing homes
are now in the City of Miami Senior Adult Day Center. These are not healthy peo-
ple, they are not people who are able to function on their own. As a matter of
fact, one other interesting anecdote which I_think you'd find of interest: We
had a woman who was 102 years of age in this program and I think it is interesting
to say that we had a photographer there from the Miami Herald to take her picture
and they turned to her and they said, "Mrs. Klein, I want you to know that in all
of the years I've been taking picturee,for the Herald this is one of the most meaning -
DEC 151977
ful experiences I've had to take a picture of a woman 102 years old who still
has a feeling of zest for life and understanding and is still able to function
and lead a viable life." He said, "I have only one wish." And she said, "What's
that?" He said, "That I can be here on your 103rd year to take your picture
then." She said, "Sonny, you look healthy enough to me I think you're going to
make it." I think that is kind of indicative of some of the things which you hear.
This is a 102 year old talking to a 45 year old. Last I just want to again express
our sincere appreciation to the commission for having the foresight, the cour-
age and the conviction to help make this program possible. You made it possible
for a group of ind:viduals, 92% of which are below the poverty level. I think
that is a very important factor and you ought to understand that. Ninety-two per-
cent of these people are below the poverty level and I mention this because on
Thanksgiving where we invited the City Commission to attend I think you'll find
it of interest, and on Thanksgiving they prepared a meal and collected dollars for
21 Vietnamese children residing here in this community and their parents to have
dinner. These were funds collected from a group of indigent individuals. You
know I think there is probably two quotes one which Robert Kennedy said. He said,
"Some men see things as they are and ask why, I dream things that never were and
say why not." and I think it typifies the commission's attitude in developing a
program and perhaps you know as I stand here there is one last program. Well,
there is really one last quote. There was a quotation from someone, an anonymous
quotation which said, " I shall not pass through this world but once, any good,
therefore, that I can do or any kindness that I can show let me not defer or neg-
lect it. Let me do it now for I shall not pass this way again." I think that
typifies the attitude of the commission in helping to make the lives of these
individuals more beneficial, more meaningful and more viable. We salute you and
thank you.
Mrs. Gordon: Thank you so much, Fred. Would you introduce Roz Cupin to everybody.
Mr. Hirt: It would be my pleasure. The director of this program, the person that
is responsible for its success is Roz Cupin who is the project coordinator. Again,
we'll get you copies of this book, I apologize for not having additional ones.
I would love to say it is sold out but you never have.... you don't have rapid
communication. We should have some for you. In the meantime, Mayor, you have
that and we have left you the copies.
Mayor Ferre: Thank you and congratulations to you.
Mrs. Gordon: Mr. ,Mayor and my fellow commissioners, if only we could multiply
the Fred Hirts and the Roz Cupins by twelve at least in this community how fortunate
we would be and if we could also multiply our dollars.
Mayor Ferre: Ahmen. Thank you.
34, PERSONAL APPEARANCE: REV, CALVIN SCOTT - DRUG ABUSE PROBLEMS,
Mayor Ferre: Item 24, Rev. Calvin Scott. By the way, Reverend, I want to tell
you that I've called you about two or three different times, somebody doesn't
answer the phone at your shop.
Rev. Scott: I've tried to contact you too, Mayor, and I've been having the same
problem.
Mayor Ferre: Well I was answering your call. All right, Reverend.
Rev. Scott: Those of you that don't know me, my name is Calvin Scott. I reside
at 1544 N.W. 111 Street. To Mayor Ferre, Vice Mayor Reboso and other distinguished
members of the commission, it is indeed a pleasure to come before you today. I
come with a heavy heart and outstretched hands. I come at a time when the over -
town Culmer Community is experiencing a drug crisis. I come at a time when youth
of that community is becoming involved in crime at a high rate because of their
involvement in the drug culture. Many mothers and fathers are heartbroken because
their sons and daughters are now victims of drug addiction. Out of concern and
commitment Mayor Ferre asked me to develop a drug program proposal for the Culmer
Overtown Community. The program proposal that I have developed seeks to implement
a drug education prevention treatment and rehabilitation program for substance
abuses that are 15 and over that live in the Culmer Overtown Community. Before
I outline the specific services I would like to give a few concerned citizens
that came with me today the opportunity to say a few words on behalf of this much
needed project.
UNIDENTIFIED SPEAKER: Mr. Mayor, Vice Mayor and to the rest of the commission,
Mrs. Gordon, I am definitely concerned in this project. Our concern stems around
the fact that being right in the midst of it I can speak I guess more emphatically
about it than most people can. I don't know how soon we can do something about
8 DEC
4
the problem but it is overwhelming odds. Whatever they have over in the park
right next to our church there, I can just get right inside of Johnson Hall
door that so many of you have been there too and I can if I desired to get a
high from the fumes coming through the door with the kids sitting right on the
steps of the Johnson Hall doing their thing. We did have a drug program down in
the area there and through some trick of fate it was moved out I understand out
into Jackson Memorial or out into Liberty City area, what have you. But knowing
the problem as I do we need a program to treat the downtown area because many of
the folk in the downtown area will not go across 7th Avenue to Jackson nor will
they go to Liberty City. We need our own private operation, our own area opera-
tion to serve the area in which we are concerned about and I ask that you if at
all possible look with immediate favor upon this proposal. Thank you.
Mayor Ferre: All right, Reverend. Are there any questions from the members of
the commission? Oh, I'm sorry, go right ahead.
UNIDENTIFIED SPEAKER: Mr. Mayor, Vice Mayor Reboso, ma'am, I am chairman of the
Concerned Citizens Committee. We deal with all the problems in the community and
the drug problem is a problem that we have to deal with. I'm in the street with
them day and night and I can see the problem, something needs to be done about it
and we would appreciate it if you all would accept this proposal. Thank you.
Rev. Scott: This is Mr. Lenny Pearlman, Director of the Miami Tri-Center.
Mr. Lenny Pearlman: Thank you Commissioner Gordon and City Commissioners, I'm
here to support the concept of a drug program in the Culmer City for two reasons.
One, I direct a program for juveniles between the ages of 13 and 18 who are pre-
dominantly black. Many of those youngsters come from the Culmer area. It is sad
from my point of view to see a lot of these kids more sophisticated than many
adults at the age of 14 or 15 in terms of drugs, their use, what kind of drugs,
how to use them, where to get them and I can tell you that Overtown, as its called,
is infested with drug addiction and I can say that from another aspect because I
used to work for the Dade County Comprehensive Drug Treatment Program and many of
our clients were from the Overtown area. I find it sad that there was a program
in that area which was sponsored by the Dade County Comprehensive Drug Treatment
Program which is no longer in existence. I don't understand the reason for that
but I do know as I say from dealing with the youngsters that come from there that
there is a tremendous need for a drua program and if not the situation is going
to get worse and it is going to spread. Thank you very much.
Rev. Scott: I would like to outline the specific services that this proposed
program would provide: Group and individual counselling, residential treatment
on a 24 hour -a -day basis for heroin addicts, family counseling, educational counsel-
ing, employment counseling and placement, outreach services where we'll be able to
go into the community and identify and recruit persons in the community that are
abusing drugs, community substance abuse shops and seminars to educate the com-
munity concerned with dangers of drug addiction, at the same time mobilize the
community around the drug problem, detoxification services for heroin addicts,
referral services and community drug abuse forums where we residents from the
community can come and voice their opinions and needs concerning the drug abuse
problem. The number of people that this program will serve the first year we're
looking at 125 probably drug abuses or experimenters and 25 heroin addicts on a
residential 14 hour a day basis. I feel that it would take some five to seven
years to make a significant impact on the drug abuse problem in the Culmer Com-
munity but after that five year period if I'm able to receive funds we would have
provided services to 500 substance abusers that live in the Culmer Overtown com-
munity. The staff of the Community Affairs Office and Mr. Rob Parkins have said
that they would provide me with technical assistance in identifying funds for this
project. In closing I would like to say that it is up to us to take steps to rid
the Culmer Overtown Community of the drug abuse problem. This drug epidemic in
this community can be likened to a bubonic plague. I need your assistance in see-
ing that this program, on your approval, see that this program is implemented.
Mayor Ferre: All right, Reverend, I assume that you requested funding from Federal
Revenue Sharing, is that correct?
Rev. Scott: No specific source, Mayor, I was only asked to prepare the proposal
but I did not...
Mayor Ferre: All right, now Mr. Grassie, it was my understanding that the commis-
sion was not going to get involved in, and our of courtesty to Reverend Johnson
and Reverend Scott we, of course, wanted them to go on the record and so on. Now
I would imagine that you would assign somebody to get into this program and give
us a special evaluation of the problem and the potential solution.
59 DEC 15191 /
�4 6
Mr. Grassie: That's correct, Mr. Mayor. tf Reverend Scott would, I think he has
had some dealing already with Rob Parkins and his staff, I think that that is the
place where we can try and resolve some of the questions, answer some of the ques-
tionsandif there is something then that would need to come back to the City Com-
mission we would bring it to you.
Mayor Ferre: You realize, Reverend,..were you here this morning when we had a
roomful of people here asking for money?
Rev. Scott: No, I wasn't.
Mayor Ferre: Well let me tell youlthere wasn't a seat anywhere here, people were
standing all the way back there and upstairs that balcony was absolutely packed
and they were on the side here. Now those people were all here asking for money
for programs. They were requiring 41: million dollars, 6'1 and we have a million
and some odd, actually we have less than $800,000 that we can give out. I just
want you to know that there are an awful lot of people who eat hot meals and who
are getting treated, and I'm talking about black people and I'm talking about
Latins and poor people and old people that we're dealing with,so you understand.
Rev. Scott: Yes, I understand, Mayor Ferre. I would just like to say that I'm
talking about dealing with a problem that is so great and that is already destroy-
ing the minds of our young people in our community.
Mayor Ferre: All right, Reverend.
Mrs. Gordon: Reverend Scott, let me express to you my feelings with regard to
the multitude of problems that we have in a community where the young people really
don't know where they belong or what they're supposed to do and are trying drugs
for lack of other things. I hope the time will come and not in the too far dist-
ant future where we will finally have a comprehensive program for youth, we nearly
had it this yez_r but we're patient,we'll wait. Lenny, you know what I'm talking
about. And Lenny, your agency, the HP.S, is there money available for a program
of this sort to come out of the agency now? There are no safe funds available at
this time. ... huh? I don't know how we're going to deal with it but I know
one thing,the city hasn't got any money so we might as well just be frank with
you, we don't have any money but we do have hopes that we could help and find some
resources and maybe it is very possible, and I'm not sure about this but maybe
Rob Parkins has this information. Rob, are you in the room? Is there a possibil-
ity under Title III that we could have some assistance in developing a program to
aide this type of youth?
Mr. Parkins: There is a possibility....
Mrs. Gordon: Would you investigate that feasibility?
Mr. Parkins: Surely.
Mrs. Gordon: Ok.
Mayor Ferre: Thank you.
35, PERSONAL APPEARANCE: Luis J. LAUREDO - SECCOD ANNUAL CONFERENCE U.S.
CARIBBEAN TRADE,
Mr. T.uic La.urPdn' I have twn auick things, Mayor. First is the Caribbean Confer-
ence, I think you've gotten some materials and I'm passing out to you there the
schedule and the list of dignataries that will be here January 19th and 20th.
There is nothing specific that I guess the city can do but it is an interest of
the State Department which is a co-sponsor of this event and it is being bank-
rolled and organized by the State of Florida to see the City of Miami involved.
In fact, most of the correspondence from Secretary of State Vance, and I submitted
into the record a letter that he submitted, he has always said "Co-sponsor, the
City of Miami". Well, since that kept coming up in the literature I wanted to
at least go on the record to seek your official sponsorship, that's the preliminary
thing.
Mrs. Gordon: You just want us to endorse the concept?
Mr. Lauredo: Yes.
Mrs. Gordon: I move it.
60
DEC 15197/
1
A
Mayor Ferre: Rose Gordon moves, Manolo Reboso seconds that the City of Miami be
an official sponsor for the U.S. Caribbean Conference.
The following motion was introduced by Commissioner Gordon who moved
its adoption:
MOTION NO. 77-925
A MrTI(N of THE CITY cnmmrCCTCAT rmnrmCTjr Ti7F COMrrAT THAT
THE CITY OF MIAMI BE AN OFFICIAL SPONSOR OF THE II ANNUAL
CONFERENCE ON U.S. CARIBBEAN TRADE TO BE HELD JANUARY 18
THROUGH 21; AND FURTHER DIRECTING THE CITY MANAGER TO CON-
FER WITH MR. LUIS LAtJREDO IN REGARDS TO POSSIBLE CITY OF
MIAMI PARTICIPATION WITH 'IN KIND' SERVICES AT THE TIME
OF SUCH CONFERENCE.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote-
AYtS: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Mr. Lauredo: Specifically then what would I need? I certainly don't need money
but....
Mrs. Gordon: Thank God!
Mayor Ferre: What? You're the first person that's come here today that says he
has a program and he doesn't need money. What's the matter with you? Are you
all right?
Mr. Lauredo: Yes, well I followed that great controversy and I lost track...
There are going to be as you can tell twelve ministers and two heads of state and
I was involved with the Governor of the Bank of the Dominican Republic, Mayor,
who hopes to see you there when you go. That's why I was tied up. That entails
a lot of security problems and though the Secret Service is involved I wanted to
go on record so that I could possibly turn through the Manager's Office since we're
going to be hitting the holidays for possible assistance in that matter.
Mayor Ferre: How are you going to do that with all those presidents and all of
those people coming into town? Don't you think we ought to share that with Dade
County and Miami Beach?
Mr. Grassie: Let us get some kind of evaluation from our Police Department, Mr.
Mayor, as to how we can handle this and also how we relate to the federal effort
because there is going to be a lot of federal effort involved in terms of security
I suspect.
Mr. Lauredo: Yes, they already have an assigned agent and I'll be glad to give
it to you, a Secret Service Agent here in Miami as well as one in Washington so I
think we ought to coordinate that. I just wanted to be able to turn to the Manager
when the time arose instead of having to go...
Mrs. Gordon: All right, I'll include that in the motion.
Mr. Lauredo: Ok, let me just quickly go through the other things. So in other
words it will be sort of in kind. I have down transportation, we're going to have
a need to move people from the Four Ambassadors to Omni for one particular evening
and I thought of those little mini -buses downtown but it dawned on me that those
are county and as an altei'iiati.ve I thought about the little train that you have
that goes between the parks. I'm just throwing out thoughts.
Mrs. Gordon: Why don't you just work these details out with the Manager?
Mr. Lauredo: Ail right, well let me point two other ones that may.... Well,
these are in kind services. For example I know you have a great printing press
and maybe you can help us with some of the printing and also around the conference
we are doing Caribbean Week events and they have yet not materialized because it
involves bringing cultural groups from the Caribbean area. I will know that in a
week or so and if that comes through it would entail use of Bicentennial Park on
Sunday the 22nd for a whole Caribbean day outdoor thing.
61
DEC 1 51977
Mayor Terre: You bet you.
Mr. Lauredo: And possibly the Gusman Hall. I wanted to be more specific today
but it is hard for me, I just wanted to go on record on these requests ingeneral
and to have the go ahead to come back with specifics and fitting into the needs
of the city.
Mayor Ferre: You go ahead.
Mr. Lauredo: I've got the go-ahead?
Mayor Ferre: Yes. Like Senator McGovern said we're 1000% behind you.
Mr. Lauredo: That's th.J kiss of death. And the last thing on the conference, I
would urge, Mayor, this is a terribly terribly important, this is a very serious
conference. It is very important to the City of Miami. I struggled for two years
to bring it here. The State Department has told me that they would hold it every
year, the single most important conference in the Caribbean area. If it goes
well....
62
DEC 151977
Mayor Ferre: Luis, listen, when we get to around 5:00 o'clock here, after we've
been here for 10 hours straight we get a little bit punchy, so we make jokes so
that we can last for another hour but I want to tell you, on the record,now
seriously, that I don't know of a more important project other than our Trade
Fair for this community that what you've been able -almost single handedly-
to put together and I think it's a great credit to you and you certainly are
bringing great honor to this community to bring three Presidents of three Sister
Countries here, to bring the man who runs the Department of State -because even
though Kissinger and Vance of course remain first runners in the press and all
that- the guy that really runs the Department of State and has for many years
is Phil Habib, and he is coming? That is a great honor and a recognition of the
importance of this Conference so for your hard work all of us congratulate you.
We are going to build a statue to you...
Mr. Lauredo: No, I don't want that, I don't want that.
Mayor Ferre: A little plaque?
Mr. Lauredo: No plaque, no comendation, just help me out.
Mayor Ferre: Well, a little graffiti on the side of a City colleague.
Mr. Lauredo: Well, I was thinking of renaming Bicentennial Park...
No, seriously, can I take my official hat off and speak as a private citizen?
As part of my efforts to bringing more Inter -American things to this community
you know and most of the people in the Administration know, we are bringing
Ambassador Bunker to speak to this community next Wednesday. It's a great honor,
he is our Ambassador at large and negotiator of the Panama Canal Treaty and the
Diplomat in the United States. I would probably need a policeman to help me
pick him up and be with me that day.
Mayor Ferre: My guess is that you'll need at least one.
Mr. Lauredo: Oh, yes. By the way, he did not think he needed it but I prevailed
on him that I knew this community better.
Mayor Ferre: I think it would be a very, very sad day if anything were to happen
to Ambassador Bunker on his visit here and there are some very, very unfortunate
statements that have been made and my position --and I'll say it on the record --
is I don't care whether you agree with or you don't agree with him he is a human
being, he happens to be a very distinguished American...
Mrs. Gordon: Who are you talking about?
Mayor Ferre: Ambassador Bunker, and he has been a man that has done many things
to this country over a half a century, he just didn't start two days ago. Now,
I know many people feel very strongly about the Panama Canal and may feel very
strongly about Berlin or the Vietnamese talks or many of the other things that
Ambassador Bunker has been involved in, but he happens to be a man who has
served the President, t h e Presidents of the United States and I don't mean
two or three, I mean a dozen of them throughout his career and I certainly think
that we in the City of Miami should make sure that he..at least if he is not happy
during his visit that he is very safe.
Mr. Lauredo: The premise upon which we came is that he knows this is a relatively
hostile community on account of the Canal on an objective basis, that is, on the
issues and that's why he wants to come and address us so he is aware of our incli-
nation.
36. CHANGE DATES OF JANUARY 1978 CITY COMMISSION MEETINGS.
Mr. Reboso: Mr. Mayor, but let me note something, the 19 is a very, very im-
portant day and we have a City Commission that day. We would like to have a
motion.. January 19.
Mrs. Gordon: I was going to ask...what do you want to do Manolo?..Do you want to
change that date?
Mr. Reboso: I think so, I would like to see..to listen to Diego Arria in his speech
that day.
Mrs. Gordon: I also would like to ask for a change of the 26 because I won't be
available on the 26, so..somebody has a good idea?
63 DEC 151971
4 1
Mrs, Gordon: How about the 26?
Mr. Reboso: I don't have any objection because the program is so good that f
would like to be there.
Mayor Ferre: I'd rather bunch those two together since one is an afternoon
session, isn't it?
Mrs. Gordon:
Mayor Ferre:
Mrs. Gordon:
Mayor Ferre:
Mr. Lauredo:
Mr. Reboso:
Yes, let's make it all in one day.
Why don't we do it either all in one day or the 24th?
Let's pick up our calendars.
Well, wait a minute, your conference starts on the 18th.
No, no, registration only.
Actually it starts on the 19.
Mr. Lauredo: And it's an important morning, Todman addresses it at the very
beginning, you open it, as a matter of fact Mayor, on the 19 in the morning
so I didn't know that there was a City Commission Meeting.
Mayor Ferre: All right, that's on the 19.
Mr. Lauredo: In the morning.
Mr. Reboso: We can have the meeting the 18.
Mrs. Gordon: I don't know what day to change it to, my phones aren't working.
Georgie, would you tell one the girls in my office to come here, please?
Mayor Ferre: I can't make it on the 18 because Ambassador Todman is coming in
that day and I have an appointment with him on that day, in the morning and I
better keep that. So I would rather go the 24 or the 25.
Mr. Lauredo: He is coming on the 18?
Mayor Ferre:
morning.
Mrs. Gordon:
Mayor Ferre:
Does anybody
24?
He's called up and made an appointment with my office at 9:30 in the
17 is out, I can't make it, the 18 is out for you Maurice?
Yes,...I can't make it on the 25 but how about the 24?
object to having the 19 and the 26 Commission Meeting on Tuesday the
Mrs. Gordon: That's fine.
Mayor Ferre: Any objectors, can we put it together? Plummer moves, Gordon seconds
that we have a marathon session. Call the roll.
Thereupon the foregoing motion introduced by Commissioner Plummer and seconded by
Commissioner Gordon was passed and adopted by unanimous vote. Said motion was
designated M-77-926. (See later Res.77-926)
Mr. Lauredo: Then I'll just deal with this request with the Manager.
Mr. Grassie: Well, two things Luis. Most of your requests can be taken care of
with Charlie Crumpton but I've asked Capt. Weaver to get with you on the two
security questions that you had. You'll talk with him before you leave.
37. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF ACCEPTANCE OF PLAT:
BEGONIA VILLAS,
Mayor Ferre: Item 49. Begonia Villas. Are there any objectors?
641 DEC 151977
Mrs. Gordon: Wait a minute Maurice, of, yes, that item I would ask you that
this come up when the evening item comes up with regard to the 22nd Avenue
and Dixie Avenue comes up in our Zoning Agenda. This item adjacent to and
affecting the same area, the same people so I move to defer this to a later
time.
Mayor Ferre: All right, this item is going to be deferred until this evening.
We'll take it up after we begin our 7:00 o'clock session. All right? I'm sorry
we've made you wait and apologize.
38, ACCEPTANCE OF PLAT: ST, ALBAN'S SUBDIVISION,
The following resolution was introduced by Commissioner Gibso'., Olt moved
its adoption:
RESOLUTION NO. 77- 927
A RESOLUTION ACCEPTING THE PLAT ENTITLED ST. ALBAN'S SUBDIVISION,
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE
CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES: COMMISSIONER (REV,) THEODORE R. GIEsoN
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None
39, ACCEPT BID: UNIFORMS FOR POLICE DEPARTMENT,
Mayor Ferre: This is Item 73, Where these the low bidders
Mr. Grassie: Yes.
Mayor Ferre: Any objectors?
Mrs. Gordon: Which one are you on, Maurice?
Mayor Ferre: 73.
Mr. Plummer: I move it.
Mayor Ferre: All right, Plummer moves 73, is there a second?
Mr. Reboso: Reboso seconds, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-928-
A RESOLUTION ACCEPTING THE BID OF JULES BROS. UNIFORMS, INC.
FOR FURNISHING UNIFORMS AS NEEDED ON A CONTRACT BASIS FOR ONE
YEAR FROM DATE OF AWARD FOR THE DEPARTMENT OF POLICE AT A PROPOSED
COST OF $128,472.55, IN ACCORDANCE WITH THE ATTACHED TABULATION;
ALLOCATING FUNDS FROM THE 1977-78 FISCAL YEAR BUDGET; AUTHORIZING
THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS,
AS NEEDED.
65 DEC 151977
(here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Reboso, the resolution was passed and
adopted by the following vote:
AYES:
NOES: None
Commissioner (Rev.) Theodore R. Gibson
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
40. MOTION OF INTENT: TO AMEND SECTION 39-25 OF THE CITY CODE TO PERMIT THE
SALE OF BEER IN THE ORANGE BOWL STADIUR (SEE LATER ITEM #75) ,
Mayor Ferre: Mr. Manager.
Mr. Grassie: Two important things about this, Mr. Mayor. One, this is an
enabling Ordinance, that is, it makes it legal for us to have beer in the Orange
Bowl. It does not put beer in the Orange Bowl in the sense that the concessionaire
will not simply acquire the right to do so. The Ordinance specifically states,
Mr. Mayor, members of the City Commission, that the concessionaire would have to
negotiate any future arrangement with regard to the sale of beer; so what I'm
saying is that this Ordinance makes it legal for us to have beer following the
vote but it does not...practically, it does not allow us to sell beer until we
have some kind of a negotiated agreement.
Mayor Ferre: Which means, hopefully, that in order words, you will be able to
deal with the concessionaire so that the City will do better.
Mr. Grassie: Participate fairly in that process, yes.
Mayor Ferre: Mr. Jennings, you told me one time that the concessionaire contract
comes up...next year? or am I mistaken?
Mr. Jennings: No, Sir, in June or July of 1980 it expires....It says, I believe,
that he has the right to sell food and beverages in the Orange Bowl, now whether
that binds us to him or not...
Mayor Ferre: Now, where did I get the idea the concession was over in August of
this year?
Mr. Jennings: I don't know, Sir.
Mayor Ferre: Didn't you tell me that?
Mr. Jennings: I hope I didn't, if I did I was mistaken. If I did I was mistaken.
I've known for some time it's....1980.
Mayor Ferre: I don't know why I got the idea that the concession was over this
year.
Rev. Gibson: Mr. Mayor, let me ask one question. How would a concessionaire
have an inherent right, say, to get this particular...their concession, and it
was not part of his negotiation. I want to make sure, you know, I get troubled
at some of these things. If we vote this Resolution, I don't want this thing
to be an automatic thing, if that the way it is, we better settle that right now,
right now.
Mr. Knox: All right, according to the Resolution as drafted it does nothing more
than make the sale of beer at the Orange Bowl legal, that's all it does. It doesn't
prescribe any , all it does is make it legal.
Rev. Gibson: Wait a minute, let me get another thing straight. You know, one of
the dangers of being around even though a lot of folks were hoping I would be
gone November 8, is that you'd know what happened in previous instances. I remember
that certain people came here and demanded a piece of the action, some of those
concessionaires. I want to make sure that that does not happen now.
66
DEC 1519i/
Rev. Gibson: Plummer, I want to make sure, you know.
Mr Grassie: Mr. Mayor, I think we need to point out, and possibly Mr. Jennings
should repeat this for youlthat the current contract with the concessionaire
specifies that they may not sell alcoholic beverages. Now, what this resolution
says, if you look at the second page of it, on the second paragraph, it says:
"There shall be no change in the existing agreement between the City and the
stadium concessionaire as a result of the passage of this Ordinance." Now,
my intent with that language is that they cannot sell beer without a further
agreement.
Mayor Ferre: Without our provision, and we..that's something...
Mr. Grassie: That's my intent.
Mayor Ferre: Well, what in effect we are going to do here is we are going to
say that it is permissible, legally, to sell beer at the Orange Bowl. However,
it specifically states that it does not change the existing contract, and since
the existing contract prohibits...prohibits...then, for that to be amended,
there would have to be an amended agreement between the concessionaire and the
City, that way the man that runs the concession has got to come here and deal
with us.
Reb. Gibson: Yes, I hear what you say but I want to make sure that the Legal
Department won't be able to do...you know, one or two things that I've seen
happen before. I want to make sure that it is clearly understood that if we
have any shucking and jiving out of the people who now do it, that we won't
let nobody sell.
Mrs. Gordon: We all get that, do you want to get another concessionaire?..or
do you want this guy to come back and renegotiate, or what?
Rev. Gibson: No, no, Rose, this is the thing. I remember so vividly,..and all
of you on the staff know what I'm talking about, they came here and they demanded,
Mr. Grassie, you weren't here, the demanded that the concession belonged, and
they said, -we bring the crowd there, and by virtue of us bringing the crowd we
ought to be part of the action...(INAUDIBLE COMMENT OFF THE RECORD)...okay, even
better, we ought to get the lion's share, and nobody has ever told that we get more
out of the concession at the Orange Bowl than we get out of the regular fee. I
wish the newspapers would write that for once; they don't write any more than
they want to write and they paint us in a corner and make us look bad as
But it is also true that if that happens, I'm going to be right here raising all
sorts of hell.
Mayor Ferre: I'll be here with you. All right, now, you want to say something
I'm sure.
Mrs. Maloney: I am Mrs. Maloney, 1029 N.W. 3rd Street.
Mayor Ferre: Mrs. Maloney, I'm going to let you speak for a while but you can't
speak for a long while, do you understand?
Mrs. Maloney: Thank you, because you have let me speak for a half hour before.
Mayor Ferre: At one time I let you speak for half an hour but not today.
Mrs. Maloney: Mayor, please don't go away, I want to tell you I'm sorry when I
wouldn't let you smoke your cigar because I know you've been here all day and
when you've got to have it like that you really need it, and the same way with
Mr. Plummer, but he defied me, so...he defied me, but I do apologize, but you
know, may I tell you this? ...that I have been in the hospital since before
Thanksgiving, I had pneumonia, I also had a broken arm and expecting to have it
operated on, and the newspapers called me while I was in the hospital and said
what are you going to say when the beer Ordinance comes up?, and I said -I'm not
telling you, wait until that day and you'll hear what I'm going to say, because
you know that this is a very important thing to me, and I wouldn't have come I
don't want to go back to a hospital that after all they didn't want me to leave
when I left, but I left anyway; but I am concerned...Could I ask you a question?
Do you think that since the Dade County is interested and is going to do some
things, that this is a good thing to leave this skull, and he has already said
that...now, let me ask you where Mr. Lawrence fits in in this because you have
given him a contract, let me ask where he fits? (BACKGROUND COMMENTS OFF THE
RECORD) He doesn't fit in here at all?
Mayor Ferre: Mr. Grassie, Lawrence has nothing to do with the Orange
Bowl, does he? He is not a concessionaire or is not involved in any...?
67
DEC 151977
Mt. Gtassie: No, the only connection he has with the Orange Bowl whatsoever
is that that is one of the facilities which if our revenues increase based on
his activity, that he would have participation in that but only if he brings
some events to that facility.
Mrs. Maloney: Well, now, I might say something about that and I suppose I am
not going to say the right thing. I am going to say that if the Dolphins play
like they played the last time, and if the fans will have a little consideration,
that we don't win every game, and that Orange Bowl was filled to capacity, I
think you can dispense with Mr. Lawrence, I think that he costs you a lot of money
that you didn't need to have him and you are paying him $1,000 a month and some
of that is my tax money, and what he is going to do is not going to be worth that
much to the City of Miami. I suggest, and I haven't met Mr. Lawrence, but I
suggest that Mr. Lawrence...by the way, is Mr. Cobo on his Board of advisors?
Mayor Ferre: He better not be.
Mrs. Maloney: Well, I think you better investigate a little bit, you see...
Mayor Ferre: Cobo, are you listneing?...Cobo where are you?
Mrs. Maloney: I want to tell you this....ask him...when I was talking about the
Orange Bowl I called up some of the people who are on the Orange Bowl Committee
Mayor, and I got ahold of a gentleman by the name of Wil Pearson, I think he was
on the Orange Bowl Committee when it started, do you know what Wil Pearson told
me? He said -I don't go for beer in the Orange Bowl, I don't go to their liquor
parties when they have them, but he said I am for the Orange Bowl. Now, you've
got a man there that is a great man in the City of Miami and I talk to a great
many more. Now, I am going to ask another question, since you've decided you are
not going to sell any beer in the Orange Bowl..because that's what I think that
you've decided --I hope you have, I am going to ask about this Ordinance that I
note that it was passed without a second reading, I have it with me, I would like
to ask about this Ordinance here. Ordinance No.8692. It relates to hard liquor
at the Orange Bowl by these parties that are there. Do you know, when I read
that and when I read that it said the newspaper of course may bear a remark that
well, what they meant was the poor man couldn't have his beer in the Orange Bowl
but the big shots could have their beer. Now, you know, that turns you on, that
makes you say well, who do they think they are. If they are going to have their
liquor I am going to have my beer, now you have that Ordinance and you passed it
as an emergency and I found out that that Ordinance was not legal until it was
30 days old and before the 30 days were over you would have a party at the Orange
Bowl. It took me quite a bit of time to find out who was at the party and who
the party was for and I found out that the party was the Mutual Broadcasting
Station and Station WIOD, you see, ..that's the reason why when I come here today
and I heard that Mr. Grassie said well, if this is on radio, that they won't have
to bother about this because they at least have got three votes and 26 people
voted more..but you see, those 26 people didn't investigate like I did. Now,
you go back and find your Ordinance and you'll find out that you passed this as
an emergency, that meant that I couldn't come down here and object to that, and
I would have been here. When you pass that as an emergency, it did not take
effect for 30 days before the 30 days were up you had the party in the Orange
Bowl, the party was for the Mutual Broadcasting Station and WIOD, you see why?
I come here and I sit and I watch you and I think how wonderful this Commission
is, you've been here all morning, you haven't had anything to eat, I tried to
make you quit smoking but then when I find out these things behind the scenes...
You see what I'm talking about?, then I wonder if I shouldn't be down here at
every Commission meeting and find out what's going on. These are things I find
out. I call the State Liquor Board, I call the Law Department, I call everybody
and I ask them. Now, I'm glad you are going to vote to have no beer in the Orange
Bowl until 1980 and then I think at that time....When you saw those young people
here today, when you heard about those young people..do you know what the first
drug problem is in the United States..the biggest?..alcohol. And when you read
that the young mothers who take alcohol are having what they call syndrome,
child birth and the child is born in the drug problem...please, please, please,
for God's sake don't put it in the hands of anybody. Keep it out of the Orange
Bowl and any place else you can.
Mayor Ferre: All right, Mrs. Maloney, thank you for your patience. And I want
to tell you, even though some times I don't agree with everything you say and
you don't agree with everything I say, I have a great deal of respect for you.
Come on, let's go, we've got a lot of things to do. What's the will of this
Commission?...
Mr. Plummer: The motion on item No. 34 I move to deny.
68
DEC 151977
Mayor Ferre: This is amending Section 39-25 providing for the sale of beer,
now what does your motion mean?
Mr. Plummer: To deny it.
Mrs. Gordon: Second.
Mayor Ferre: Do you mean that you are making a motion against the sale of
beer, is that what you mean?
Mr. Plummer: No, I didn't say that. I said that the motion that is before us,
item 34, I move to deny.
Mayor Ferre: Well, I dor't understand, you don't want to amend Section 39-25,
is that it?
Mr. Plummer: Mr. Mayor, do you have a copy of the same Ordinance that I have?
I move to deny.
Rev. Gibson: I agree with Mr. Plummer.
Mr. Plummer: Sit down JGebre, I'm playing a game.
Mayor Ferre: Well, all right, would you explain that a little bit more as to
why you move to deny?
Mr. Plummer: Very simply, Mr. Mayor, I have stated from the beginning and I'll
state it again - I am all in favor of selling beer in the Orange Bowl but it must
be written into this Ordinance the prohibition against selling it at highschool
football games and rock concerts, it's not here, I told the Administration to
amend it before.
Mr. Grassie: Mr. Mayor, can I comment to that?
Mr. Plummer: Sure, he disagrees.
Mr. Grassie: No, I don't disagree, Commissioner, if you look...can we look toge-
ther at the Ordinance?
Mr. Plummer: I'm looking at it.
Mr. Grassie: Under the Section heading, the last paragraph on the first page
if you read that paragraph what it says is"the sale by the City or by authorized
vendors is subject to any conditions upon such terms and conditions as specified
by the City Manager, such specifications shall implement policy imposed by the
City Commission concerning such sale or authorized thereof."
Mr. Plummer: I read that, Mr. Grassie.
Mr. Grassie: Now, the point that we are trying to make is that whatever we do
has got to follow a City Commission policy, what we are going to ask you to do
is to adopt a policy of what you want us to do with regard to the sale of beer
in the Orange Bowl.
Mr. Plummer: But Mr. Grassie, as I told you before I'll tell you again, if I
put it in the Ordinance then you don't have the latitude nor the Commission to
change it and I will demand that it be in there.
Rev. Gibson: Mr. Mayor, I'd like to ask another question, I'm not too satisfied
with the word "intoxicating beverages".
Mr. Plummer: I think that covers it Father, I read that.
Rev. Gibson: It does? I went to school at night, man.
Rev. Gibson: Read it again J.L., ....
Mr. Plummer: You are right, you are right.
Rev. Gibson: You went to school during the day and I went to school at night,
man.
Mr. Plummer: All right, Mr. Mayor, I withdraw my denial motion, I offer item
34 with the following amendments: that a prohibition be inserted against the
sale at highschool football games and rock concerts, that the wording be changed
from "intoxicating" beverages to "beer".
69
DEC 151977
Mts. Gordon: You've got two wotds =alcohol Ott..
Mr. Plummer: No,..beer.
Rev. Gibson: She wants beer, man.
Mr. Plummer: Somewhere I saw the wording beer and malt liquor.
Rev. Gibson: No, you saw "beverage", man.
Mr. Plummer: That was previous?..Yes, to beer. With that, I move it, with
those safeguards built in.
Rev. Gibson: I ain't voting 'til it comes back.
Mayor Ferre: We have...make it in the form of a motion rather...and have them
bring it back later on this evening.
Rev. Gibson: I'll buy that.
Mayor Ferre: Plummer moves in a motion, who seconds?..
Rev. Gibson: I'll second the motion.
Thereupon the foregoing motion introduced by Commissioner Plummer and seconded by
Commissioner Gibson was passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) T. R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice Ferre
NOES: Commissioner Rose Gordon*
ON ROLL CALL:
Mrs. Gordon: I never did change my mind and 22 people...26 people, 13 of which
voted one way or the other is an even tie. The struggle did not convince me or
change my mind. I am just voting on a principle. I vote no.
Rev. Gibson: May I ask a question before Mr. Knox and those leave,..I take it
that somewhere you don't intent to sell it in cans nor in bottles.I want to make
sure of that, you see, even if...you know, I know what could happen in a fit of
anger. Cans and bottles have got to be out. I want to make sure everybody under—
stands that, and I want it written so that there won't be no lee way later on for
administrative discretion...no, no, no.
Mr. Grassie: The purpose of establishing City Commission policies is so that we
write all of that down.
Rev. Gibson: Mr. Grassie, let me tell you about Theodore Gibson. I have very...
I understand what you are saying but I am like Plummer.
Mayor Ferre: Well, I'm glad to see that Mr. Grassie agrees, is there anything
else that we have here today. All right, we are now back to the regular
agenda is that right?
41. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT MIAMI BRIDGE PROGRAM -
CATHOLIC SERVICES BUREAU, INC. FOR USE OF PORTION OF OLD MUNICIPAL JUSTICE BLDG.
Mayor Ferre: Authorizing the City Manager to execute an agreement with the Miami
Bridge Program Catholic Service Bureau for the use of this facility at the rear
of the old Municipal Justice Building property. City Manager recommends no beer.
Mrs. Gordon: I so move.
Rev. Gibson: Second.
70
DEC 151977
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-930
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
AGREEMENT WITH MIAMI BRIDGE PROGRAM -CATHOLIC SERVICE BUREAU, INC.
FOR THE USE OF THE FACILITY (FORMERLY KNOWN AS THE OLD MUNICIPAL
JUSTICE BUILDING PROPERTY).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Rev. Gibson, 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
Mayor Maurice A. Ferre
NOES: None
(SHORT RECESS OF THE CITY COMMISSION)
42, DISCUSSION AND TEMPORARY DEFERRAL OF CONSIDERATION OF APPROPRIATIONS
ORDINANCE FOR FY 77-78,
Mayor Ferre: We are now on item 28. Mr. Manager, would you like to pick up the
budget aspects now or would you like us to leave that for a while.
Mr. Grassie: No, we can do it right now, Mr. Manager, but before we do the budget
we ought to do the Resolution formalize the Resolution that you have in front of
you...
Mayor Ferre: Fine, Sir, bring it before us.
Mr. Grassie: I believe it is in your hands, in front of you on your desks.
(MAYOR FERRE PROCEEDED TO READ THE ABOVE -CITED RESOLUTION INTO THE PUBLIC RECORD)
Mayor Ferre: (Upon finishing reading such Resolution). Period, I so move.
Rev. Gibson: I want to tell all of you. I am not going to vote for this Resolution.
I think that the Resolution does not carry the full intent. Nobody is fooling any-
body. We said that we wanted the services to be maintained at the present levels,
all of the necessary services of the City. Do you know what really bothers me with
this Commission? This Commission doesn't really give a damn about some of the
employees of this City. We really don't. And man, you know, when you and I ran
Mr. Mayor, I know when you and I ran we were saying to the people - you know, we
don't want you to bring that garbage out to the front unless it's absolutely neces-
sary you do. I remember that. You know what is very interesting, Mr. Grassie? I
want to point out one thing, nobody out of that Sanitation Department never gets..
a speaking on the positive side. And I'm going to deal with that when it comes
to that in the Pesolution about the Affirmative Action too. Yes, my brother, get
your stuff together. That's right, otherwise I'm going to openly charge.
Mayor Ferre: Well, okay, I moved it yesterday and I'll move it again.
Mr. Plummer: Well, Mr. Mayor, I seconded it yesterday but, you know, I want to...
Father...be more clear.
Rev. Gibson: I want the Resolution to read...you see, what you are doing now is
you are doing now what you were not able to get the people to agree to yesterday.
When you talk about essential service..man, you know, thank God my mama sent me
to school, I can read and write. Read..."order that essential services vacancies
in Police and Fire Department be filled as they occur with monies other than CETA
monies." Man, come on...
Mr. Plummer: Well, let me be clear because I think some of it is my fault in
terminology and I was not playing any games and if anybody thinks that I was I
ought to apologize. Mr. Mayor, I did not use the wording yesterday "essential
services", I don't believe. I used the terminology "life giving services"..now,
71 DEC 151977
re
I wasn't playing any games.
Rev. Gibson: That's the first time I heard that, Plummer.
Mr. Plummer: Well, Father, you'll find,I think that that was on the record.
Rev. Gibson: I'll be very happy if the record is shown and I'll stand corrected.
I remember distinctly, the argument was about essential services and everybody
here talked about essential services being Fire and Police and I remember those
employees getting up here and saying specifically,...now, you know, come my brothers
you ought to do everything else you ought to do...do the right thing here today.
Mr. Plummer: Well, Father, I am not going to deny to you that I didn't use the
term "essential services", because I am sure that I did, but I am also sure Father
that I prefaced in the very beginning of conversation "life giving services"...and
I know I used that, Father.
Rev. Gibson: Since I don't recall, I'll buy life giving services which I did not
hear, and you know, a lot of things are said up here that I don't hear. But I
want to tell you this, no way on God's earth I will let that Resolution go and be
drafted and not object.
Mrs. Gordon: I need some help and clarification, Father, God knows that I agree
with you 99% of the time but at this time I need you to tell me really...something
is bothering you tremendously...
Rev. Gibson: Yes, let me tell you what. The Manager will now be able to do with
this Resolution what he wasn't able to do before.
Mrs. Gordon: What?..You've got to be clearer, I'm sorry.
Rev. Gibson: Man, let those union people talk.
Mrs. Gordon: Okay.
Mr. Plummer: I understand well what Father is saying.
Mr. Bill Smith: Mr. Mayor, members of the Commission, my name is Bill Smith. When
we talked about the layoffs and we brought you those Petitions we spoke of essential
services as Police, Fire and Sanitation and the people that we got to sign these
Petitions that they didn't want no layoffs in this area. Now, yesterday, and Mrs.
Gordon if I can refresh your memory a little bit..you spoke of Police and Fire and
then Police, Fire and Sanitation. At the end of the motion that was made, Father
then reminded you all that essential services would mean as far as he was concerned
the way he understood it to be was Police, Fire and Sanitation, and that's what we
understand it to be. Now that the Resolution is written,essential services consist
now of Police and Fire and you have left out Sanitation.
Mrs. Gordon: Well Bill, let me clarify what I think we are doing, I might be wrong
but let me tell you what I think we are doing okay?, I might be wrong but let me
tell you what I think we are doing. What we are doing is substituting these dollars
for those dollars. Now, not firing anybody in any of those Departments at all, not
let any go, but in filling vacancies and not holding back on filling vacancies --now,
you all correct me if I am wrong-- we wouldn't be holding back on hiring in any of
those three departments except that with Police and Fire we would use dollars from
the General Fund, the Sanitation as I read it would be hired with the CETA dollars.
Now, the reason why I don't see as big a problem in that area of paying with the
CETA dollars --because the benefits are going to be the same-- correct me if I'm
wrong somebody, is because the salary scales for those persons who would be affected
by the replacement of vacancies, I don't know how much they ear but I don't think
they earn as much as the Fire and Police officers do and also because their skills
is not a matter of sending them through a training school they come to us with their
skills already with them. Therefore, I see that we are not going to have as many
employees replaced in the Sanitation Department, now if I'm wrong in reading this
then I want to correct it I just see the difference in where the money is coming
from, okay?
Mr. Smith: We understand what you are saying Mrs. Gordon but you must understand
how the people in Sanitation feel. Now, out of 48 vacancies we've got people who
have sat on the bench --is what we call-- for the past three years, worked every
day and never have had a chance to become a regular employee. When he goes out to
get something on time or to get credit and he calls down there for credit reference,
he doesn't have any because he is told he does net have a job but he has showed up
every day for three years, he has worked every day for three years but he doesn't
have a job...
72 DEC 151977
Mrs. Gordon: He is called a temporary employee.
Mr. Smith: ..and he doesn't have a job and he can't get credit. On top of that
you go out and you pick out an individual who is home or somewhere else or what
might be, and you pick him up then and he comes in and he gets the permanent job
under CETA. That means that the man who has been there all along is never going
to get a permanent job because you are displacing him as a regular employee and
in his place, in turn, putting in CETA.
Mrs. Gordon: I see your point now.
Mr. Smith: You are going to put the Department of Sanitation in the same situation
you've got Parks and Recreation and Public Works.
Mrs. Gordon: I see your point, you've made a point. You are saying that those men
who sit on the bench and do the temporary work are not eligible for CETA.
Mr. Smith: They are not.
Mrs. Gordon: ...because they have not been unemployed for 30 days or more, right?
Mr. ;smith: The only reason they are let employed is because they chose to get out
and scrubb and try to do a day's work while the other guy chooses to stay home.
MRs. Gordon: You gave me a point, okay.
Mr. Joffre: Mr. Mayor, City Commissioners, my name is Peter Joffre from Sanitation.
We still have 12 --that I know off hand-- 12 employees that got laid off from the
Incinerator last year even though they had been working for six and five and seven
years. They don't even have the seniority, they are not even considered to be work-
ing for the City. They are on a day labor basis. They've got five or six years
and the pension time is even wasted and what you are trying to do now by doing this
now and hire CETA men..these men could work for 20 years and they'll always be
considered labor -day, they are laborers.
Mrs. Gordon: ..the ones that were working day lately.
Mr. Joffre: Correct,..they were regular employees when they closed the incinerator
down....
Mrs. Gordon: They became day laborers.
Mr. Joffre: They became day laborers. And now what you are doing is just keep
closing the door on people and never giving them the opportunity...
Mrs. Gordon: Well, I have to ask a question and I don't know who has the answer.
Rob, maybe you can. In the CETA program, are day laborers considered in the same
classification of being employed as steady employees?..you know, would that dis-
qualify them from a permanent CETA position?
Mr. Parkins: It would Mr. Krause?...Yes, it would, according to Mr. Krause.
Mrs. Gordon: It would, if they work on the day labor basis they are not eligible
then.
Mr. Plummer: They are not unemployed if they work on a day labor basis.
Mrs. Gordon: Well, you see, it is not a steady job so I don't know that's why
I asked the question, J.L. Day laborers, as I understand it, can't qualify for
homes or get much credit backing anywhere because they don't have a steady job.
Mr. Joffre: No vacation, no sick time, no nothing. That's the truth, that's the
truth. We have people that pension for 7 years, now they've got one year
of interrupted time.
Mr. Grassie: If the persons in question work regularly it will not be eligible
for CETA, if he does not get paid regularly, he would be considered under -employed,
or if he works less, than 20 hours a week.
Mrs. Gordon: If he works day -labor when there is day labor available which means
not every day, is that correct, Bill? 0r do those fellows have everyday employment.
Mr. Smith: They work every day and have been working every day...we have people
who have been working every year every day and in the last three years we've had
over 50 CETA people and these people are not eligible.
73
DEC 151977
Mrs. Gordon: How many men do you have in that classification?
Mr. Smith: We have on what we call our stand-by list in the neighborhood of 80
people. We use somewhere between 45 people a day.
Mr. Grassie: We have 36 people on stand-by.
Mr. Smith: Yes, but we have a list of people that just walk off the street
looking for a job. That list has about 80 people.
Mrs. Gordon: That's not the one we worry about, we are worrying about the
steady one, to work every day but are called "day labor."
Mr. Smith: It's about 25.
Mrs. Gordon: Those are the only ones that we need to put on that class right
now.
Mr. Smith: You know, when I showed you that list of 73 people that they had to
going into 78...what I was saying was that if these..you know, they've got these
people scheduled to go so they had this severance money put aside and said these
people were going. I contacted all 71 of those people and out of the 71 only 5
people were going. So the monies that they've got set aside saying that these
people are going to retire,..we are saying that they don't need this amount of
money and that we can hire some of these people who have been sitting on these
benches for the last three years and that are the backbone of the Sanitation De-
partment and hire them...rather than putting the burden on getting more CETA
people and these people never having a chance to become regular employees. You
know, every year, around December these guys can't go out and buy nothing on time
or on credit or anything, they don't have a job.
Mrs. Gordon: That's why I think that there should be some way of handling it.
Mr. Joffre: May I say something else? At the present time we have that I know of
two months ago 42 vacancies, so you have 45 people who are actually working every
day, when Mr. Smith said that it is 80 persons that we have, it is, because we use
the extra men for people who are out on vacation, people who are out sick and this
because this is why the list goes up to 80 on stand by. We have over 42 vacancies
that have not been filled in the Department of Sanitation. These 45 people that we
have they are working every day. The extra men that come on to about 80 are the
extra men that we have to fill in when people are on vacation, when people are sick
or when people get hurt and so on...
Mr. Plummer: Are stand-by people on permanent or on CETA? The stand-by 36, are
they on CETA or permanent?
Mr. Smith: They are temporary.
Mrs. Gordon: They are from the General Fund, aren't they?, they are paid from the
General Fund.
Mr. Grassie: They are not permanent because they are stand-by but they are paid
from the General Fund not from CETA. They are stand-by that is....
Mr. Plummer: What does that figure represent a year?
Mr. Grassie: Do you mean, how many dollars? Well, we've got 36 people in that
classification although more show up but you know we have 36 people in the clas-
sification. Frank, what's our budget for the stand-by laborers?
Mr. Medera: 1976-1977 - $400,000.
Rev. Gibson: Well, so that I can understand, how many of those are in the category
they are talking about.
Mr. Medera: Commissioner Gibson, if I understand your question correctly we have
budgeted for 36 stand-by laborers to the tune of $400,000 which are used to fill
for absenteeism in whatever form it takes, whether it be vacation, sickness, dis-
ability, etc. We may have as many as 50, 60 or 70 that will show up on a daily
basis but we are only authorized to use a total of 144 of those people per week,
man -days.
(COMMENTS EXCHANGED BUT NOT PUT ON THE RECORD)
Mr. Plummer: In other words, you never use more than 36 stand-bys a day.
74
DEC 151977
Mt. Grassie: 0r 144 man -days a week, but yes, on the average not mote than 36
a day.
Mr. Medera: As an example, Commissioner Plummer, on a Monday when absenteeism is
traditionally very high,we may put as many as 50, 55 people to work, but the total
for the 4 day workweek should not exceed 144 people.
Rev. Gibson: I just ask this Commission to instruct the Administration to do the
same thing by them as they do by Fire, Police and any of the other workers. That's
all I ask.
(COMMENT MADE OUTSIDE THE PUBLIC RECORD)
Mr. Grassie: There are 36 positions that are budgeted for this kind of funding
Mayor, however, more people apparently show up. You may have 50 people.
Mayor Ferre: Well, what Gibson is asking is, do we treat these 36 the same way as
we treat the 8.
Mr. Medera: Mr. Mayor, to further clarify so that you can get a better picture
of the situation, the issue here is the dozen or so men that were formerly em-
ployed as permanent employees in the Incinerator function, in order to keep those
people that were going to be laid -off in a working state, we offered those indi-
viduals stand-by labor slots with the understanding that if and when permanent
positions opened up that they would have seniority to assume the permanent positions.
They are in fact higher on the stand-by laboring list than anyone else. They have
moved people down who may have very well been showing up for work for two, three
or four years and working daily and they have moved those people down and substi-
tuted themselves in the higher ranking with the assumption that when a permanent
position opens in the regular labor force they would have first crack at it.
Mr. Plummer: How long, Mr. Medera, since any hiring has been done in the regular
employees.
Mr. Medera: There has been no hiring Commissioner in ...essentially since the
Incinerator has closed.
Rev. Gibson: Don't you think you have an obligation?
Mr. Medera: I don't know that I understand your question, Commissioner.
Rev. Gibson: Oh, but you do, man. We pay big money for understanding.
Mr. Medera: Well, let me explain it to you in this manner. Aside from the ap-
parent budgetary crunch --which, of course, has affected
the Sanitation Department as any other-- there are certain external factors which
will be creating additional surplus people in the Sanitation Department over and
above the stand-by laborer. For example, Virginia Key Disposal Pit is to close in
April of 1978 by a Consent Order that the City has entered into with the Department
of Environmental Regulation. Those 20 people --permanent employees-- which were
assigned at that Pit will be absorbed back into the regular Sanitation Department
waste collection division function, That will give us 20 additional surplus people.
In addition to those 20, we already have 45 CETA people. We already have 8 revenue
sharing people. So, 20 and 45 is 65, plus 8, is 73, plus 36 in the stand-by ranks,
exceeds over 100 extra people that we have to meet the absenteeism for whatever form
it takes. I submit to you very respectfully that that is a sizeable surplus. It is
one -fifth of the total labor force, sir.
Rev. Gibson: Sir, you weren'there. But J.L. Plummer, ----I want to bother you
conscience Plummer, --when they were getting ready to closeout that incinerator
on 20th Street, Mr. Mayor you were. Reboso was here, Rose was here. Plummer pointed
out to us then, whoever was in charge then gave us the song and dance, that it will
work itself out. It hasn't worked itself out. I called upon this commission, ---I
want you to hear what I going to say, to do what is right. No wonder I continue to
pray around here, --right, best and fair. You know, I get rather disturbed that take
at budget time, Mr. Medera told us, (this is in the record I know), that they could
run the department with no difficulty. Mr. Medera didn't speak up for those men at
all. As far as he is concerned, you could fire most of them right now. And that the
sanitation department will run with the same degree of efficiency, as it is running
now. If it is a lie, he told it on the record. Do you remember hearing that Plummer?
Mr. Plummer: I hear him say 122 less.
75
DEC 151977
Mt. Smith: Mr. Mayor and members of the Commission, you know the City has
a consent decree. In that consent decree it speaks to the Department of sanitation.
It also says in the consent decree that a list of stand-by laborers shall be pro-
vided, and that the people hired into the Sanitation Department in the entry level
of labor shall come from this stand-by list. With the roll -backs, they say that
the roll -backs take effect over everything else. They brought 6 people back who
were laid -off in the early part of the year, and they brought these people back,
yet still those guys Medera speaks about, that worked at Virginia Ivey pit for
the last 30 years, these men are 55 to 60 years old. They can't carry garbage,
to put a barrel on their shoulder would then put the city in liability.
Mayor Ferre:You have 25 seconds left. It is 6 o'clock and we will resume at 7:00.
Right where we left off. I'll see here in exactly one hour and eon't forget where
you were. You will be the first one speaking.
NOTE: The City Commission recessed at 6 P.M. and reconvened at 7:20 P.M.
with all members present except Mr. Reboso.
Mayor Ferre: Ladies and gentlemen, we have been at a city commission meeting
all day. It has been a long one today. We are not even halfway through. It is
7:15 and we haven't passed the budget yet. We have been fighting over that one
all day. I think hopefully we might be getting closer. We also have something
else we are in the middle of. Hopefully we can do that in the next half hour.
They are retypind it now. Let's put a deadline on this thing. Under any circumstances,
we are not going beyond S PM period. Budget or not budget. Or anything else.
Mr. Plummer:We will start the zoning agenda no later than 8 o'clock.
Mayor Ferre: That's right. We are not going to take any more time than that.
If we can't pass the budget, we can't pass the union agreement and the other
agreement, it will have to be some other day.
43. RATIFY ACTION OF CITY MANAGER COLLECTIVE BARGAINING AGREEMENT - SANITATION
EMPLOYEES ASSOCIATION.
Mayor Ferre: Mr. Smith, are you ready on Item 42?
Mr. Smith: Yes, sir.
Mayor Ferre: All right. Take up item 42 and you say your piece. Let's see if we
can pass it.
Mr. Plummer: What is there to say? Mr. Smith are you happy.
Mr. Smith: Yes, sir.
Mr. Plummer: Mr. Mielke are you happy?
Mr. Mielke: Yes, sir.
Mayor Ferre: Mr.Plummer moves item 42. Father Gibson seconds. This item has
taken 9 months. Further discussion? Ca11 the roll.
DEC 151977
The following resolution was introduced by Commissioner PlUmrneri Who
moved its adoption:
RESOLUTION NO. 77-931
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANANGER .
TO ENTER INTO THE ATTACHED COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN
AS THE "SANITATION EMPLOYEES ASSOCIATION, INC" (S.E.A), FOR
THE PERIOD COMMENCING UPON THE SIGNING OF THE AGREEMENT AND
CONTINUING THROUGH SEPTEMBER 30, 1979, SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH THEREIN; THE AFORESAID AUTHORIZATION AND
DIRECTION SHALL NOT BE OPERATIVE UNLESS AND UNTIL THE CITY MANAGER
IS IN RECEIPT OF A NOTICE OF RATIFICATION BY THE S.E.A. OF THE TERMS
OF THIS AGREEMENT
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Reboso.
44. FIRST READING ORDNANCE: AMEND GENERAL EMPLOYEES RETIREMENT PLAN - AUTHORIZE
SUPPLEMENT TO SURVIVING SPOUSE,
AN ORDINANCE ENTITLED:
AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY
GENERAL EMPLOYEES' RETIREMENT PLAN (ORDINANCE NO. 5624,
MAY 2, 1956, AS AMENDED), AS APPEARING IN CODIFIED FORM AS
A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, MORE PARTICULARLY AMENDING SECTION 109 (14) OF SAID
CHAPTER BY ADDING AN ADDITIONAL PROVISION THERETO AUTHORIZING A
SUPPLEMENT TO A SURVIVING SPOUSE'S RETIREMENT ALLOWANCE WHERE A
MEMBER DIES WHO HAS NOT RETIRED BUT WHO HAS BECOME ELIGIBLE FOR
NORMAL SERVICE RETIREMENT BENEFITS OR EARLY SERVICE RETIREMENT
BENEFITS; SUCH SUPPLEMENT CONSISTING OF AN ADDITIONAL PENSION
PAYMENT OF 10Z OF THE MEMBER'S AVERAGE FINAL COMPENSATION, IF SUCH
MEMBER SHALL HAVE, SINCE LAST BECOMING A MEMBER , COMPLETED EITHER
20 YEARS OF CONTINUOUS CREDITED SERVICE AT THE TIME OF DEATH, OR
15 YEARS OF CONTINUOUS CREDITED SERVICE AT THE TIME OF DEATH, 10
YEARS OF SAID 15 YEARS HAVING BEEN COMPLETED ON OR BEFORE SAID
MEMBER'S MINIMUM SERVICE RETIREMENT DATE, IN THE EVENT THE SPOUSE
OF SUCH MEMBER DOES NOT ELECT TO RECEIVE THE SUM OF THE MEMBER'S
CONTRIBUTION TOGETHER WITH INTEREST THEREON; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE
77
DEC 151977
Was introduced by Commissioner Plummer and seconded by Commissionet Gordon
and passed on its first reading by title by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso
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.
45, AUTHORIZE CITY MANAGER TO ENTER INTO A CONTRACT: FAUSTO G(J'EZ, ADMINISTRATIVE
ASSISTANT TO THE MAYOR,
Mayor Ferre: As of January 1st Frank Cobo is going to be v'or1'ing part time.
He will be paid on an hourly basis with a maximum of 1,000 hours for the year.
Fausto Gomez, who will graduate from FIU in the next few days, will be coming
on full time. There will be, as you can see in item 38 a difference of salary
between Frank and Fausto, because of the difference of the years of experience, etc.
Mr. Plummer: What are you recommending for Mr. Fausto?
Mayor Ferre: I am recommending that he make $14,000 a year.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-932
A RESOLUTION AUTHORIZING THE CITY MANANGER TO ENTER INTO AN
AGREEMENT WITH FAUSTO GOMEZ, FOR HIS PROFESSIONAL SERVICES, AS
ADMINISTRATIVE ASSISTANT TO THE MAYOR, FOR THE PERIOD FROM
JANUARY 1, 1978 THROUGH DECEMBER 31, 1978, SUBJECT TO THE TERMS
AND CONDITIONS CONTAINED IN THE ATL CHrD CONTRACT; WITH FUNDS
THEREFOR IN THE AMOUNT OF $14,000, ALLOCATED FROM CODE 1190
"OFFICE OF THE MAYOR" OF THE 1977-78 FISCAL YEAR BUDGET, UPON
ITS ADOPION
(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: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
78
DEC 151977
46. EXTEND FRANK COBO'S CONTRACT FOR A PERIOD OF ONE MONTH,
The followinp resolution vas introduced by Corr+issiorer Plttr'rtet ti'ht
moved its adoption:
RESOLUTION NO. 77-933
A RESOLUTION AUTHORIZING THE CITY MANANGER TO EXECUTE AN
AGREEMENT WITH FRANK J. COBO, FOR HIS PROFESSIONAL SERVICES
AS ADMINISTRATIVE ASSISTANT TO THE MAYOR, ON THE SAME TERMS
AND CONDITIONS EXISTING IN THE ORIGINAL CONTRACT, WHICH EXPIRED
ON NOVEr1BER 30, 1977, TO COVER THE PERIOD FROM DECEMBER 1, 1977
THROUGH DECEMBER 31, 1977; WITH FUNDS THEREFOR IN THE AMOUNT OF
$1500, ALLOCATED FROM CODE 1190 "OFFICE OF THE MAYOR" OF THE
1977-78 FISCAL YEAR BUDGET, UPON ITS ADOPTION
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote -
AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson, Mayor Ferre.
NOES: NONE.
ABSENT: Vice -favor Reboso.
ABSTAINING: None.
47, AUTHORIZE CITY MANAGER TO ENTER INTO A CONTRACT WITH FRANK COBO -
PROFESSIONAL SERVICES ON A PART-TIME BASIS,
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-934
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH FRANK J. COBO, FOR HIS PROFESSIONAL SERVICES
AS ADMINISTRATIVE ASSISTANT TO THE MAYOR, FOR THE PERIOD FROM
JANUARY 1, 1978 THROUGH DECEMBER 31, 1978, SUBJECT TO THE TERMS
AND CONDITIONS CONTAINED IN THE ATTACHED CONTRACT; WITH FUNDS
THEREFOR IN THE AMOUNT OF10,000 ALLOCATED FROM CODE 1190 "OFFICE
OF THE MAYOR" OF THE 1977-78 FISCAL YEAR BUDGET, UPON ITS ADOPTION
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
79 D E C 1 51977
48. AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH: LEVITAN DESIGN
ASSOCS., INC, FOR RESEARCH DESIGN SERVICES AT ALICE C, WAINWRIGHT PARK,
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-935
A RESOLUTION AUTHORIZING THE CITY MANANGER TO EXECUTE AN
AGREEMENT WITH LEVITAN DESIGN ASSOCIATES, INC. TO PROVIDE
PROFESSIONAL RESEARCH AND DESIGN SERVICES FOR INTERPRETIVE
NATURE E:HiIBITRY FOR ALICE C. WAINWRIGHT PARK, LOCATED AT
2845 BRICKELL AVENUE, MIAMI, FLORIDA: AND ALLOCATING $28,000.
FROM THE PARKS FOR PEOPLE BOND ISSUE AND $9,150. FROM THE
WAINWRIGHT PARK TRUST AND AGENCY FUND FOR PAYMENT OF PROFESSIONAL
SERVICES AND EXPENSES
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Mrs. Gordon, Mr. Plummer, REv. nihGnn Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
49, AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH KATHY INGRAf'iP WHITE -
CONCESSION AT EDISON PARK,
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-936
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH CATHY INGRAHAM WHITE FOR OPERATION
OF THE FOOD AND BEVERAGE CONCESSION AT EDISON PARK FOR THE
DEPARTMENT OF PARKS AND RECREATION FOR A PERIOD OF 4 YEARS
PURSUANT TO THE TERMS AND CONDITIONS SET FORTH THEREIN
(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: Mr. Plummer, Rev. Gibson, Mrs. Gordon, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
80
DEC 1 51977
SO, REPEAL RESOLUTION No,77-660 WHICH DIRECTED BIOS FOR THE SALE OF CERTAIN
BONDS,
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-937
A RESOLUTION REPEALING RESOLUTION NO. 77-660, ADOPTED
JULY 28, 1977, WHICH DIRECTED THAT BIDS FOR THE SALE
OF CERTAIN BONDS BE RECEIVED ON NOVEMBER 10, 1977;
FIXING CERTAIN DETAILS CONCERNING $11,540,000. PUBLIC
PARK AND RECREATIONAL FACILITIES BONDS, $1,000,000. FIRE
FIGHTIN, FIRE PREVENTION AND RESCUE FACILITIES BONDS AND
$1,500,000. HOUSING BONDS OF THE CITY OF MIAMI, FLORIDA;
AND DIRECTING PUBLICATION OF NOTICE OF SALE OF SAID BONDS
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre.
NOES: None.
ABSTAINING: None.
ABSENT: Vice -Mayor Reboso.
51, APPROVE OFFICIAL STATEMENT FOR $14,040,000 BONDS OF THE CITY OF MIAMI1
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-938
A RESOLUTION APPROVING THE OFFICIAL STATEMENT FOR THE
$14,040,000. BONDS OF THE CITY OF MIAMI, DATED DECEMBER 1,1977
(Here fol_lo,.s body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote -
AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
Mr. Plummer: I think for the record Mr. Mayor it should be said, due to,,the,,
emergency of the time -frame is the reason it did not go out for M.O. Is
that correct Mr. Grassie?
Mr. Grassie: That's correct sir.
DEC 151977
4
52. RAtIFY EMERGENCY PURCHASE OF FINANCIAL PROSPECTUS - $14,040,000
GENERAL OBLIGATION BOND SALE.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-939
A RESOLUTION RATIFYING AND CONFIRMING THE EMERGENCY PURCHASE
OF PRINTING OF THE FINANCIAL PROSPECTUS REQUIRED BY THE DEPART-
MENT OF FINANCE AS A PART OF THE $14,040,000. GENERAL OBLIGATION BOND
SALE; AUTHORIZING THE CITY MANANGER TO INSTRUCT THE PURCHASING AGENT
TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $7,131. TO FLORIDA FINANCIAL
PRINTING, INC., FOR PRINTING 106 PAGES OF THE FINANCIAL PROSPECTUS,
WITH PROVISION FOR POSSIBLE ADDED CHARGES OF $65. FOR EACH ADDITIONAL
TEXT PAGE, $85. FOR EACH ADDITIONAL TABULAR PAGE, AND $2. FOR EACH
LINE CHANGE, WITH FUNDS PROVIDED FROM THE FOLLOWING BOND FUNDS:
"PEOPLE FOR PARKS", "FIREFIGHTING, FIRE PREVENTION AND FIRE RESCUE
FACILITIES", AND "HOUSING"
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
53. ACCEPT PLAT: BASADRE SUBDIVISION,
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-940
A RESOLUTION ACCEPTING THE PLAT ENTITLED BASADRE, A
SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE PLAT
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution
passed and adopted by the following vote -
AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso
ABSTAINING: None.
54, ACCEPT PLAT: HERA SUBDIVISION.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
82
DEC 151977
RESOLUTION NO. 77-941
A RESOLUTION ACCEPTING THE PLAT ENTITLED HERA SUBDIVISION
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING
THE CITY MANANGER AND THE CITY CLERK TO EXECUTE THE PLAT
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
55, AUTHORIZE PURCHASE IN LIEU OF CONDEMNATION - PROPERTY LOCATED AT 69 N.E.
62 STREET FOR FIRE STATIOfN NO. 9,
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-942
A RESOLUTION AUTHORIZING THE CITY MANANGER TO PURCHASE
IN LIEU OF CONDEMNATION, FOUR LOTS COMPRISED OF 24,200
SQ. FT. , M/L, WITH A DUPLEX APARTMENT ON ONE LOT WHICH
IS COMPRISED OF 1,058 SQ. FT., SAID PROPERTY LOCATED
AT 69 NORTHEAST 62 STREET, MIAMI, FLORIDA, FOR THE SUM
OF SIXTY TWO THOUSAND FIVE HUNDRED FIFTY NINE DOLLARS
AND SEVENTY EIGHT CENTS ($62,559.78), AND ALLOCATING
SIXTY THREE THOUSAND FIVE HUNDRED SIXTY DOLLARS AND NO
CENTS ($63,560.00) FROM THE FIRE FIGHTIN, FIRE PREVEN-
TION AND RESCUE FACILITY BOND FUNDS TO COVER THE COST
OF ACQUISITION OF FEE SIMPLE TITLE AND OTHER COSTS IN-
CIDENTAL TO THE ACQUISITION
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
Mr. Plummer: Mr. Mayor let me go back. Mr. Mananger, I am going to express
something to you now, and I am going back to 45. I was going to use strategy
on 45 against you. But I am going to put it on the record right now. You are
under the fire bond issue, buying certain equipment. I want to tell you, I had
a fight with your fire chief, --the first one. But Mr. Grassie it is proposed in
that budget, the spending of these funds, to buy a 100 ft. snorkel rather than
the 150, and I am totally opposed to that and it is only because of the crimpping
of money..I voted for it, but I want to go into it later before you buy that thing.
83
DEC 151977
56. AUTHORIZE PURCHASE IN LIEU OF CONDEMNATION - PROPERTY LOCATED IN BUENA VISTA
AREA FOR NEIGHBORHOOD PARK DEVELOPMENT.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-943
A RESOLUTION AUTHORIZING THE CITY MANANGER TO PURCHASE IN
LIEU OF CONDEMNATION, VACANT PROPERTY COMPRISED OF 7170 SQ. FT.
M/L, LOCATED AT 248 NORTHWEST 53RD STREET, MIAMI, FLORIDA,FOR
THE SUM OF EIGHT THOUSAND SIX HUNDRED (8,600.00) DOLLARS AND
ALLOCATING NINE THOUSAND (9,000.00) DOLLARS FROM COMMUNITY
DEVELOPMENT FUNDS TO COVER THE COST OF ACQUISITION OF FEE SIMPLE
TITLE TO THIS PROPERTY AND OTHER COSTS INCIDENTAL TO THE
ACQUISITION
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
57, AUTHORIZE PURCHASE IN LIEU OF CONDEMNATION - PROPERTY LOCATED IN THE
EDISON-LEMON CITY AREA FOR NEIGHBORHOOD PARK DEVELOPMENT.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-944
A RESOLUTION AUTHORIZING THE CITY MANANGER TO PURCHASE IN LIEU
OF CONDEMNATION, A DUPLEX AND LOT COMPRISED OF 20,192 SQ. FT. M/L,
LOCATED AT 25-27 N.E. 58TH STREET, MIAMI, FLORIDA, FOR THE SUM OF
SIXTY-EIGHT THOUSAND FIVE HUNDRED FORTY DOLLARS AND NO CENTS
($68,540.00), AND ALLOCATING SEVENTY THOUSAND ($70,000.00)
DOLLARS FROM COMMUNITY DEVELOPMENT FUNDS TO COVER THE COST
OF ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY AND OTHER
COSTS INCIDENTAL TO THE ACQUISITION
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
84
DEC 15197/
, ALLOCATE $195,000 BOND FUNDS FOR 3 CIVIL SERVICE POSITIONS - COMPUTER BASED
INFORMATION SYSTEM AT MIAMI MODERN POLICE DEPARTMENT.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-945
A RESOLUTION ALLOCATING POLICE AND CRIME PREVENTION BOND FUNDS
IN THE AMOUNT OF $195,000. TO FUND CIVIL SERVICE POSITIONS FOR
THE 1978 CALENDAR YEAR FOR THE CONTINUED IMPLEMENTATION OF THE
COMPUTER BASED INFORMATION SYSTEM FOR THE MIAMI MODERN POLICE
DEPARTMENT PROGRAM, AND COMPLETION OF ACTUAL SYSTEMS TESTING
AND TOTAL OPERATIONS IN 1978
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote -
AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, Mayor. Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
59, CONFIRM ACTION OF CITY MANAGER AND CITY CLERK IN SIGNING A NOTE FOR
$325,000 FOR IMPROVEMENTS TO OLYMPIA BUILDING.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-946
A RESOLUTION CONFIRMING THE ACTION OF THE MAYOR AND CITY
CLERK IN SIGNING THE NOTE TO BORROW THE SUM OF THREE HUNDRED
TWENTY-FIVE THOUSAND ($325,000.) DOLLARS FROM THE CITY NATIONAL
BANK OF MIAMI AT AN ANNUAL INTEREST RATE OF FOUR AND ONE-HALF
(41%) PERCENT, PAYABLE IN SEMI-ANNTJAL INSTALLMENTS OVER A 3-YEAR
PERIOD, FOR THE PURPOSE OF MAKING NEEDED IMPROVEMENTS TO THE OLYMPIA
BUILDING TO HOUSE CITY OFFICES, AND TO PLEDGE THE RENTS RECEIVED AS
SECURITY FOR THE LOAN
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
85
DEC 151977
60. 13RIEF DISCUSSION AND DEFERRAL OF AFFIRMTIVE ACTION PLAN.
Mayor Ferre: Next is the affirmative action plan. The City Mananger has presented
and recommended it.
Mr. Plummer: The affirmative action board Mr. Grassie had availability of it?
Mr. Grassie: Yes. They have had the plan for 2 months. They have reviewed it,
and formally approved it.
Rev. Gibson: I want to raise some questions. Mr. Mayor, I find it difficult to
understand that this city is under affirmative action, and the city does no more
than it does, and I don't see any indication where the city is getting
affirmative action. I think you know what I am talking about. So does the .
Mananger.
Mayor Ferre: We will come back to item 58.
61, APPROVE ACTION OF CITY MANAGER IN EXECUTING AN AGREEMENT - FLORIDA A & M
ORANGE BLOSSOM CLASSIC FOOTBALL GAPE,
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 77-947
A RESOLUTION RATIFYING THE ACTION OF THE CITY MANANGER
IN EXTENDING AN AGREEMENT WITH FLORIDA A & M UNIVERSITY
FOR THE USE OF TEE ORANGE BOWL STADIUM FOR THE PURPOSE
OF PLAYING THE ANNUAL ORANGE BLOSSOM CLASSIC FOOTBALL GAME
BY SAID UNIVERSITY FOR ONE-YEAR PERIOD WITH AN ADDITIONAL
ONE-YEAR TERM RENEWABLE AT THE OPTION OF THE UNIVERSITY,
IN ACCORDANCE WITH THE TERNS AND CONDITIONS AS SET FORTH
IN THE ATTACHED AGREEMENT
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote -
AYES: REv. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
62, AUTHORIZE ISSUANCE OF WASTE COLLECTION) LICENSES,
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-948
A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE COLLECTION LICENSES TO
ALONSO BROTHERS TRASH SERVICE, INC.; DAN GALASSO WASTE SERVICE INC.,
MILLO TRASH SERVICE; P.H. WASTE SERVICE, INC., PERMITTING THEM TO
COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH CHAPTER 20 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA.
86
DEC 151977
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution Vas
passed and adopted by the following vote -
AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
63, CLAIM SETTLB T: ACCEPT $380,64, IN PAYMENT FOR DAMAGE TO A CITY OF
MIAMI FIRE PREVENTION VEHICLE.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-949
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT
THE SUM OF $380.64 IN FULL AND COMPLETE SETTLEMENT INTHE CLAIM
OF THE CITY OF MIAMI VERSUS MELVIN ARTHUR BURSTEIN; AND AUTHORIZING
THE CITY MANANGER AND THE CITY CLERK OF THE CITY OF MIAMI TO
EXECUTE A RELEASE RELEASING MELVIN ARTHUR BURSTEIN, FROM ANY AND
ALL CLAIMS AND DEMANDS ARISING OUT OF THE ACCIDENT INVOLVED
IN THE ABOVE CLAI
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
64, ACCEPT BID: ADMINISTRATION BUILDING - BUILDING DEMOLITION,
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-950
A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY
MANANGER IN ACCEPTING THE BID AND EXECUTING THE CONTRACT FOR THE
ADMINISTRATION BUILDING _ BUILDING DEMOLITION WITH CUYAHOGA WRECKING
CORPORATION IN THE AMOUNT OF $39,222.00 FOR THE BASE BID, WITH FUNDS
THEREFOR TO BE EXPENDED FROM TITLE I FUNDS FROM THE U.S. DEPARTMENT
OF COMMERCE THROUGH THE ECONOMIC DEVELOPMENT ADMINISTRATION PURSUANT
TO GRANT DATED SEPTEMBER 16, 1977
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
87
DEC 151977
65, ACCEPT BID: CHARLES TERRACE COMMUNITY DEVELOPMENT - TREE PLANTING,
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-951
A RESOLUTION ACCEPTING THE BID OF GASTON LANDSCAPE COMPANY, INC.
IN THE PROPOSED AMOUNT OF $17,200. FOR THE CHARLES TERRACE COM-
MUNITY DEVELOPMENT TREE PLANTING (2nd Bidding); ALLOCATING SAID
AMOUNT FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND
(3rd Year); ALLOCATING FROM SAID FUND THE AMOUNT OF $1,892.00
TO COVER THE COST OF PROJECT EXPENSES; ALSO ALLOCATING FROM SAID
FUND THE AMOUNT OF $344. TO COVER THE COST OF SUCH ITEMS AS AD-
VERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING
THE CITY MANANGER TO EXECUTE A CONTRACT WITH SAID FIRM
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution
passed and adopted by the following vote -
AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Gibson
ABSTAINING: None.
was
Mayor Ferre:This is a street area we are planting trees on . Where are the
monies coming from?
Mr. Grassie: C.D. money.
Mayor Ferre: Is that part of $300,000. tree -planting program?
Mr. Grassie: Yes.
Mayor Ferre: Is this the first one we are letting, of this size?
Mr. Grassie:Yes. You know we have done most of the work.
Mayor Ferre: Somebody ought to cheer----$300,000. worth of trees. It is about
time. It has been long in coming.
Mr. Plummer: Where do you see $300,000. worth of trees?
Mayor Ferre: I will remind you that for several years now, we have been
trying to plant trees around this town. We passed a budget for $300,000.of
tree -planting, from Community Development Funds. I want to remind you this is
the first break -through, $17,200.
Mr. Plummer: We did the bit with Mildred Pepper and the palm plants.
66, ACCEPT BID: ROBERT E. LEE SPORTS LIGHTING,
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION; NO. 77=952
A RESOLUTION ACCEPTING THE BID OF ROSSER ELECTRIC COMPANY, INC. IN
THE PROPOSED AMOUNT OF $110,675. FOR ROBERT E. LEE - SPORTS FIELD
LIGHTING; ALLOCATING SAID AMOUNT FROM THE FEDERAL COMMUNITY DEVELOPMENT
BLOCK GRANT FUND (2nd Year); ALLOCATING FROM SAID FUND $12,174. TO COVER
THE COST OF PROJECT EXPENSE: ALSO ALLCATING FROM SAID FUND THE AMOUNT OF
$2,213. TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES,
AND POSTAGE; AND AUTHORIZING THE CITY MANANGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
88
DEC " 51971
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution Was
passed and adopted by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
67, ACCEPT BID: READY MIX CONCRETE,
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-953
A RESOLUTION ACCEPTING THE BID OF RINKER MATERIALS CORP. FOR
FURNISHING READI-MIX CONCRETE, AS REQUIRED, ON A CONTRACT BASIS
FOR ONE YEAR FROM DATE OF AWARD FOR THE DEPARTMENT OF PUBLIC WORKS
AT A BASE PRICE OF 523.55 PER CUBIC YARD AT AN APPROXIMATE TOTAL COST
OF $87,000.00 ALLOCATING FUNDS FROM THE 1977-1978 FISCAL YEAR BUDGET,
UPON THE ADOPTION THEREOF; ANI) AUTHORIZING THE CITY MANANGER AND THE
PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS MATERIAL.
(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: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
68, ACCEPT BID: FERTILIZER FOR GOLF COURSES.
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 77-954
A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING
FERTILIZER FOR THE DEPARTMENT OF PARKS AND RECREATION BID
OF O.M. SCOTT & SONS AT A COST OF $13,572.00; BID OF HECTOR
TURF & GARDEN, INC. AT A COST OF $1,991.25; BID OF SUPERIOR
FERTILIZER AT A COST OF $1,705.00; BID OF W.R. GRACE & CO. 4T
A COST OF $7,840.00; AT A TOTAL COST OF $25,108.25; ALLOCATING
FUNDS FROM THE 1977-1978 FISCAL YEAR BUDGET; AUTHORIZING THE CITY
MANANGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS
FOR THIS MATERIAL.
DEC 151977
(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: Rev. Gibson, Mr. Plummer, Mrs. Gordon, and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
69, ACCEPT BID: 1,000 CUBIC YARDS OF RED CLAY.
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO. 77-955
A RESOLUTION ACCEPTING THE BID OF FLORIDA SILICA SAND COMPANY
FOR FURNISHING 1,000 CUBIC YARDS OF RED CLAY FOR THE DEPARTMENT
OF PARKS AND RECREATION AT A TOTAL COST OF $13,450.00 ALLOCATING
FUNDS FROM THE PARKS FOR PEOPLE BOND PROGRAM; AUTHORIZING FUNDS FROM
THE PARKS FOR PEOPLE BOND PROGRAM; AUTHORIZING THE CITY MANANGER AND
THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS MATERIAL
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Mr. Plummer, REv. Gibson, Mrs. Gordon, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
70, ACCEPT BID: CONCRETE FURNITURE AND WASTE CONTAINERS.
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION NO. 77-956
A RESOLUTION ACCEPTING THE BID OF HUBERT H. HANSON & ASSOCIATES
FOR FURNISHING CONCRETE FUNITURE AND WASTE CONTAINERS FOR THE
DEPARTMENT OF COMMUNITY DEVELOPMENT AT A TOTAL COST OF $47,065.00
ALLOCATING FUNDS FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT
FUND; AUTHORIZING THE CITY MANANGER AND THE PURCHASING AGENT TO ISSUE
THE PURCHASE ORDER FOR THIS MATERIAL
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Mayor Ferre.
NOES: None..
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
Mrs. Gordon: Mr. Mayor this is the mini -park that the Women's Realtors contributed
their $1,000.00 and CD funds are supplying the rest. The ground -breaking will be
90
DEC 151971
Saturday afternoon.I hope you all will be there.
71. ACCEPT BID: PADDED WALL COVERING.
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION NO. 77-957
A RESOLUTION ACCEPTING THE BID OF KELLER'S CUSTOM UPHOLSTERING
FOR FURNISHING PADDED WALL COVERING IN THE GYMNASIUM FOR THE
DEPARTMENT OF POLICE AT A TOTAL COST OF $10,000.00; ALLOCATING
FUNDS FROM THE SECOND DOLLAR -POLICE TRAINING FUND; AUTHORIZING
THE CITY MANANGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE
ORDER FOR THIS MATERIAL.
(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: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
72. ACCEPT BID: SYSTEMATIC MAINTENANCE AND EMERGENCY SERVICES FOR EXISTING
INTEGRATED SECURITY SYSTEM - POLICE DEPARTMENT,
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION NO. 77-958
A RESOLUTION WAIVING COMPETITIVE BIDDING FOR THE CONTINUING
OF SYSTEMATIC MAINTENANCE AND EMERGENCY SERVICES FOR THE
EXISTING INTEGRATED PROTECTION SYSTEM AT THE CITY OF MIAMI
POLICE STATION AND FACILITIES AND AUTHORIZING THE CITY MANANGER
TO INSTRUCT THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER TO
CONTINUE SUCH SERVICE TO WACKENHUT ELECTRONIC SYSTEMS CORPORATION
IN THE AMOUNT OF $6,750. FOR. ONE YEAR, AND ALLOCATING FUNDS FROM
THE 1977-78 FISCAL YEAR BUDGET.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote -
AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Mayor Ferre.
NOES: NOne.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
91
DEC 151977
73. CONFIRMING RESOLUTION: CITY OF MIAMI SUPPORT FOR PROPOSED COUNTY -WIDE
"911 EMERGENCY TELEPHONE SYSTEM,"
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO. 77-959
A RESOLUTION APPROVING CONFIRMING, AND RATIFYING THE ACTION
OF THE CITY MANANGER IN GIVING A FIRM ORDER TO THE SOUTHERN
BELL TELEPHONE AND TELEGRAPH COMPANY, ON NOVEMBER 18, 1977, FOR
THE DEVELOPMENT AND INSTALLATION OF THE 911 EMERGENCY TELEPHONE
SYSTEM CONTAINED IN THE ORDER ATTACHED HERETO AND MADE A PART
HEREOF
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote -
AYES: Mrs. Gordon, Rev. Gibson, Mayor Ferre.
NOES: Mr. Plummer.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
74, AMEND ORDINANCE No.8719 - SUMMARY GRANT APPROPRIATIONS -
ESTABLISH TWO NEW TRUST AND AGENCY FUNDS,
Mr. Grassie: Can we have second reading on No. 30 Mr. Mayor?
Mr. Plummer: Rose has some questions on #i30. I think they were answered.
Mayor Ferre: Rose, do you have any more questions on #30?
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORD-
INANCE, BY MAKING AN ADJUSTMENT IN AN EXISTING TRUST AND AGENCY
FUND; ESTABLISHING TWO NEW TRUST AND AGENCY FUNDS; AND APPROPRIATING
FUNDS FOR THE OPERATION OF THE TWO NEW TRUST AND AGENCY FUNDS; RE-
PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE
TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE REQUIREMENT OF
READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION
was introduced by Commissioner Plummer and seconded by Commissioner Gibson
for adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the following
vote:
AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
Whereupon the Commission, on motion of Commissioner Plummer and seconded
by Commissioner Gibson adopted said ordinance by the following vote:
AYES:Mr. Plummer, Rev. Gibson,Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso. ABSTAINING: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8730.
Mayor Ferre stated all members of the Commission had copies and
copies were available to the public, if they want it.
IRITRPfIR'INW4sW!1114RM
92
DEC 151977
75. FIRST READING ORDINANCE: AMEND SECTION 39-25 OF THE CITY CODE TO
PERMIT THE SALE O+F BEER AT THE ORANGE BOWL STADIUM,
AN ORDINANCE ENTITLED:
Gibson, and
AYES: Mr.
NOES:
ABSENT:
AN ORDINANCE AMENDING SECTION 39-25 OF
ARTICLE I I , "MIAMI ORANGE BOWL MEMORIAL
STADIUM", CHAPTER 39, "PARKS AND RECREATION",
OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY REPEALING SAID SECTION,
WHICH HAD PROHIBITED SALE, USE, OR POSSESSION
OF ALCOHOLIC OR INTOXICATING BEVERAGES IN THE
MIAMI ORANGE BOWL MEMORIAL STADIUM, WITH
CERTAIN EXCEPTIONS, AND SUBSTITUTING A NEW
SECTION 39-25 ALLOWING AND AUTHORIZING THE
SALE OF BEER AND/OR MALT BEVERAGES IN SAID
STADIUM AND ALSO PROVIDING FOR THE CITY
MANAGER TO AUTHORIZE SUCH SALE UPON SUCH
TERMS AND CONDITIONS AS SHALL IMPLEMENT
CITY COMMISSION POLICY, WITH THE EXCEPTION
THAT SUCH SALE NOT TAKE PLACE BEFORE,
DURING OR AFTER ANY HIGH SCHOOL EVENT OR
MUSICAL EVENT COMMONLY REFERRED TO AS A
"ROCK CONCERT"; FURTHER PROVIDING THAT SAID
SUBSTITUTED SECTION SHALL RESULT IN NO
CHANGE IN EXISTING AGREEMENTS BETWEEN THE
CITY AND STADIUM CONCESSION'NAIRES; ALSO
AUTHORIZING THE SERVING OR DISPENSING OF
INTOXICATING BEVERAGES IN AREAS OF THE
STADIUM SPECIFICALLY DESIGNATED BY THE
CITY MANAGER UNDER SUCH TERMS AND CONDI-
TIONS AS SHALL IMPLEMENT CITY COMMISSION
POLICY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
passed on its first reading by title by the following vote -
Plummer, Rev. Gibson, Mayor Ferre.
Mrs. Gordon.
Vice -Mayor Reboso.
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.
76, BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF ACCEPTING PLAT:
BEGQJIA VILLAS,
Mrs. Gordon: Mr. Mayor we could take up those two plat items, because the
people who are concerned with that neighborhood are all here anyway. So you
can take them up if you wish.
Mayor Ferre: Ladies and gentlemen, Mrs. Gordon recommended we hold up on the
accpetance of plats on items 48 and 52 because they affect the Secoffee area,
which you are all interested in, --or some of you that are here. They are accepting
the plat entitled 'Begonia Villas' at SW 22 Ave. and Secoffee Street. This item
was deferred by the City Commission on November 10. The Plat Committee has recom-
mended it. Are any objectors,
Mrs. Gordon: Can I explain something about that, because I had asked for
deferment at a previous meeting. At that time the Planning Board was studying
the possibility of changing that area from R-1 to R-1B. I believe they have
!IIIIlPPI?1!/ 1 I "tl
93
DEC 151977
acted but that hasn't come to this board, to this Commission yet. Mt. Fosinoefi,
would you up -date us on the status of the R-1B?
Mr. Fosmoen: It is on your agenda this evening, for the area,
to rezone it to R-1B. It does not include the 22nd Avenue frontage.
Mrs. Gordon: Wouldn't it be more appropriate then that we do the two plats
after we handle that? I guess it would be. It would be in my opinion, for
us to act on this as if there isn't the possibility of the zoning change taking
place tonight, would be premature.
Mr. Fosmoen: Two points Commissioner, the second plat which you referred to
Item 52, I believe is simply a lot split, of 20 thousand ft. lot to a 10,000
sq. ft. lot, and that is permitted in R-1B. The minimum lot size in R-1B is
10,000 sq. ft. That is one point. The rezoning is not going to affect whether
or not that plat can be undertaken. The same is true on 48, because 48 refers
to property which fronts on 22nd Avenue and this is not under consideration this
evening. It is the property fronting on Emathala which is under consideration
this evening.
Mrs. Gordon: Yes, I understand but I will speak to that item, and the boundaries
of the proposal as the Planning Board has brought it to us, and at that time I think
that this would be affected by, at least my opinion. So I think we could act
on the one that you say that legally, even with the R-1B we could act on it.That
one we have no further means of preventing that split. Not legally. That is No.52.
Is that correct?
MR. Fosmoen: Yes.
Mr. Richard Zellman:My name is Richard Zellman, I am an attorney and I live
in Coconut Grove at 3965 Crawford Avenue. The reason I want to speak to this
Rose at this point, is that this item No. 48 has been deferred twice now. The
first time it was deferred was at the meeting of this commission on November 10.
Mrs. Gordon: It is going to be heard tonight.
Mr. Zellman: I understand that. But it was heard, I believe it was deferred pur-
suant to my reading of the minutes of the November 10 meeting, so that it could
go back to the PAB so they could hold a hearing and could recommend to you. They
have recommended at this time, and therefore the property which is the subject of
item 48 is not included in their recommendations to you. It seems to me to be really
unproductive at this point, to not go ahead on 48, then we can hold our hearing on
the zoning matter also.
Mrs. Gordon: What you are saying that we should act on the plat before we hear
the zoning, and I am saying I am not satisfied with what come out of the Planning
Board, and I have to speak to that later. I don't feel that I agree. I don't
agree with what they drew as a boundary line and which was the reasons I asked
that we delay that one. I don't even know which side you are on. Nor, did you
state your name for the record.
Mr. Zellman: I am sorry , Rose, I just did. My name is Richard Zellman, and
I live in Coconut Grove.
Mrs. Gordon: Are you the applicant? 0r the opponent?
Mr. Zellman: The applicant.
•
Mrs. Gordon: That will come up a little later, and I guess the other one could
be moved now.
Unidentified person: Clarify where the other one is. I am still not sure.
Mrs. Gordon: The one that Mr. Fosmoen has,indicates that, meets the criteria
of the R-1B, is the corner of Emathala and Secoffee. There is map there if you
would like to see it.
MR. Fosmoen: I think it is important that we all understand that we don't
have a 20,000 sq. ft. zoning district in the city. The maximum lot size is
94
DEC 151977
NOTE: Mr. Reboso returned at 7:50 Mb
10,000 sq. ft.
Mrs. Gordon: I understand.
Mr. Fosmoen: Okay. I am principally saying that for the audience.
Unidentified: We would like to oppose this. This is the first time I have
had notice this was being done in this area. We would like to have that deferred
until after consideration of this area, and the zoning in this area,
Mrs. Gordon: I won't move the plats now. We will go into, if the Mayor approves,
we will go into the rest of the agenda and/or the zoning items.
Mayor Ferre: I agree to that. Are we ready on this other item. We have 10 minutes.
— Mrs. Gordon: We haven't resolved the one about the budget Mr. Mayor.
Mayor Ferre: That is exactly what I am asking about.
Mr. Grassie: 1 understand the attorneys are drafting the changes that were
suggested right now.
Mrs. Gordon: You mean including the 203 for sanitation.
Mayor Ferre: I think we can take that up.
Mr. Grassie: That is not the way it is being put.
Mrs. Gordon: The total being 1046 instead of the 850.
Mr. Grassie: No. They are taking a departmental approach.
Mrs. Gordon: We will wait on that.
Mr. Grassie: I think you can take up items 63 and 64.
77. CLAIM SETTLEMENT: RosA Guzruw,
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION NO. 77-960
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
ROSA GUZMAN, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF
TWELVE HUNDRED FIFTY DOLLARS ($1,250.00) IN FULL AND COMPLETE
SETTLEMENT OF HER CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED
PERSONAL INJURIES SUSTAINED BY HER,UPON THE EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson, Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Reboso.
ABSTAINING: None.
E
95
DEC 151977
78i CLAIM SETTLE ENT: LAURIE C. ASSAEL,
Mayor Ferre:I think in #64 Mr. Plummer is right. There is a mention of
an attorney. The motion would be passed, striking the words 'Jack S. Weiss
and her attorney.' Is that correct Mr. City Attorney?
Mr. Anderson, Asst. City Attorney: Yes. I don't know what kind of arrangements
were made in this particular case.
Mayor Ferre: Mr. Plummer's point is that this city should not be involved
in being a collector for ----that is between the client and the attorney.
The check is to be made out to the individual that we have settled with.
Is that correct?
Mr. Anderson: Sometimes you make the settlement with the attorney, and the
attorney has the right in court to release the client's claim.
Mayor Ferre: Let's do it this way. We will pass it this way, and if you have
problems you come January 11 and get them clear out.
Mr. Anderson: Okay.
Mayor Ferre: Mrs. Gordon moves, Father Gibson seconds. Further discussion,
as amended, call the roll.
The following resolution was introduced by Commissioner Gordon who
moved its adoption:
RESOLUTION NO. 77-961
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO LAURIE C. ASSAEL WITHOUT ADMISSION OF LIABILITY, THE
SUM OF $6,645.00 IN FULL AND COMPLETE SETTLEMENT OF ALL
BODILY INJURY, AND PERSONAL INJURY PROTECTION LIENS, CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF
A RELEASE, RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson , the resolution was
passed and adopted by the following vote -
AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: None.
ABSTAINING: None.
Mayor Ferre: Plummer we took out the attorney's name on this.
Mr.Plummer: Mr. Mayor, please for the record, I don't even know the lawyer'
name in this particular case. It is the principle.
Mayor Ferre: You tell him when he calls you tomorrow.
Mr. Plummer: He can avail himself of Plummer's collection agency at 20%.
79, BRIEF DISCUSSIONS ITEM: CONFIRMATION OF ELECTED MEMBERS OF THE
CIVIL SERVICE BOARD,
Rev.Gibson: Mr. Mayor in view of the fact that we hadgreat confusion
during the week, on who ought to be elected to the Civil Service Board.
Why can't we do that?
Mayor Ferre: We.can. A resolution confirming Robert Paulk and T.J. Duggar Jr.
as members of the Civil Service Board of the City o Miami. Who drafted this?
Was this drafted by the City Attorney's office?
DEC 151977
96
Mt. Grassie: That was drafted by the F.O.P. Mr. Mayor. I do not believe we
are prepared to do that. I, by charter provision, have to present the City
Commission with a canvass of the election. The election finished tomorrow,
and obviously I haven't been able to do that for the full election.
Lt. Don March: To explain, I did not intend for it to come forth in
this manner. We have a problem here. December 23 was originally going to
be the City Commission meeting. At that time, ordinarily I think, this
action would have occured. This was moved up. I offered this thing to
Mr. Knox, and I said is this the property form and asked for his opinion.
I went to MR. Grassie, and I asked if this in effect could be affected this
evening. He informed me that there was a necessity for doing something in
the neighborhood of canvassing. I then contacted the City Clerk, and said
what does it take to accomplish a canvass, or whatever. Attached to that,
if the sort of thing the City Mananger would offer as a canvass. I think
it might require an attest by the City Clerk. I think that can be accomplished.
You have a civil service board election, you have two people who have been
elected and you are looking at seating them, but it is going to be almost
a full month before you can this kind of action. Their term is scheduled to
end as I understand on December 19. All I was doing, was trying to facilitate
something. I know you have a crowded agenda here, and I know you have the
staff of the attorney's office, is busy, and the staff of the City Mananger's
office is busy. But I don't think there is anything improper in any of the
documents you have here. They do require the City Mananger's signature. They
do require the City Attorney's signature. They do require board action. I just
brought it forth to see if we could get it accomplished this evening. That is
all.
Mayor Ferre: The problem of course is that we cannot make the Manager do anything
that is contrary to the rules and regulations which are the laws of this city.
Mr. Plummer: Let me ask this. You say we have to canvass this election.
Mr. Grassie: I have to.
Mr. Plummer: Okay. Do you have to do them both at the same time?
Mr. Grassie: I don't know that anything speaks to that.
Mr. Plummer: What I am saying is, do you think that you can take 15 or 20
minutes and canvass it and we can still pass it this evening? I think he is
making a good point. The 19th the Board goes out, and we don't meet again until
the llth of January.
Mr. Grassie: But the old members serve until the new are appointed.
Mr. Plummer: That is provided in the Charter?
Mr. Grassie: You have to have continuity.
Mr. Gene Naples: The last time election was held, the run-off was on the
same day the city commission happened to meet, and they did it all in one day.
The run-off took place, the votes were tallied, and the people were confirmed
all in that same day.
Mayor Ferre: The Chair rules that I made a promise when I came in here, that
8 o'clock we would start on the zoning hearing and it is one minute after 8 and
I am not going beyond that. We are now off the regular agenda and on to the
Zoning agenda. If you would please take up item -----
Mrs. Gordon: There was a motion and second. Do we have to withdraw that? It
is still on the table.
Mayor Ferre: Why don't you withdraw it Rose.
Mrs. Gordon: We will take it up before the evening is over,
9`7
DEC 151977
80, MOTION OF INTENT: To CHANGE ZONING IN LOTS 11-18, LESS So, 149,9 FEET
BLOCK E OF BISCAYNE PARK TERRACE 2-36,
Mayor Ferre: After delays and problems, let's go.
Mr. Robert Davis: Mr. Mayor this is a petition for change of zoning on the
area approximately 2100 S. Dixie Highway from R-1 to R-CA. This was deferred
at your meeting of November 10. The applicant is at the other microphone.
The Planning Department recommended denial. The Zoning Board recommended
denial, 4/2 on a split vote.
Mayor Ferre: All right. Mr. Applicant, ----let's see how much time you feel
you are going to need to make your presentation, and then we are going to
see how many speakers we have, who wish to be heard tonight. Then we are going
to see how long that is going to take. Then we will let you proceed. How much
time do you need to make your presentation.
Mr. Armando La Casa: My presentation will take about 15 minutes.
Mayor Terre: Those of you here on this item please raise your hands so we can
see how many are here. This is not a popularity contest as you know, and we
don't operate that way around here. But so we can settle these intramural arguments
and all that kind of stuff. Those of you that are for the proposal, raise your hand.
All right.
All of you that are for, who live in the immediate neighborhood, or general
area, raise your hands. The neighbors. The people who live in that area, that
are for it.
Those opposed, raise your hands, so everybody can see. Those that are opposed
that live in the area, raise your hands. Okay. With that having been done, now
I will ask the proponents, other than the attorney, even though, actually
by law, you are the only one you and your client are the only ones that can speak.
Do you have any other speakers?
Mr. La Casa: Yes, we have several other speakers.
Mayor Ferre: How many other speaker do you have?
Mr. La Casa: Approximately, 5 or 6 Mr. Mayor.
Mayor Ferre: Let's make it 5. How many speakers do we have as opponents? Raise
your hands, please. Eleven? Does anybody need more than 3 minutes? That would
make 33 minutes for the opposition. How many minutes do you need?
Unidentified: Five.
Mayor Ferre: That makes 10, and there's three more and three, that's nine,
that's 19, and ---so we can set the rules of procedure here. Each side will have
35 minutes. Any objection to that? If you want to concede, your time, and somebody
wants to run a little bit longer, that makes it an hour, and when we get rebuttal,
it will be another hour. So there's not much we can do but go through all of this,
because everybody has the right to be heard.
Those of you who wish to speak could you come to the clerk's desk and give
your names, pro or con, so he will have the speaker's names and the number
of minutes you are going to speak. Remember you said 5. Are there any opponents
to item #3?
We are about to get started and I would like to rqeuste two things, ---your
attention and your respect for all people who have the interest of speaking.
I am sure you are going to violently disagree with a lot of things that are
going to be said tonight. I hope we can all be very civilized. I don't want
any booing, no whistling, no catcalls. I think to avoid the emotionalism that
brings that, let's see if we can avoid applauses too. I know you may not be
able to control yourselves, but believe me, the booing and the applauses have
nothing to do with the ultimate vote. If I could have your cooperation on that
I think it will go quicker and smoother.
DEC 151977
98
Mr. Armando La Casa: I am Armando La Casa. I represent the developer, address,
1408 SE Bayshore Drive, Miami, Florida. This is a petition for rezoning of the
subject property approximately 2100 S Dixie Highway, from the existing R-1 to
R-CA. The first point I would like to make, is concerning the picture we have
on the wall. After the first hearing at the Zoning Board, we have had the opportunity
to go around the neighborhood and explain to the neighbors, those in the immediate
area, our project and the possitive concept that this project might have for them.
I have asked the Clerk to distribute them to you, --copies, along with a map that
he is going to pass along now, that changes in a very dramatic way, what we have
displayed now on the wall. If you will notice on the map, that is going to be shown
to you now, the blue represents the people in favor , they are supported by signatures
and addresses, and as it can be seen, those are the neighbors in the most immediate
area. I would like to make that point, and emphasize it, so it could be clear to
the commission that we do have the majority of the support of the neighbors in
a radial that does not exceed 375 ft. from the subject property.
Now, I am going to explain our proposition and what we are trying to do here.
What we intend to do, shall the Commision approve our petition for rezoning
from the existing R-1 to R-CA, is to build an exact replica of the building
now existing at 2000 S. Dixie Highway. The rendering you are seeing now, shows
basically what this will look like. This is S. Dixie Highway here.
Mr. Plummer; In fairness to everyone, there's probably some here that have not
had the opportunity of seeing this. May I suggest that you put it on a side view
so the audience can see it as well as we can see it. Then we don't have to say
we didn't see it.
Mr. La Casa: This is the subject property. This blue area here is the building
we intend to build. These green circles represent the existing trees. This is
an area which has an abundance of trees that we think ought to be preserved
and it is the intention of the developer and we emphasized this to the commission
that we do intent not only to preserve the existing trees as proposed in this
rendering, but also to extend and increase the landscaping. The only two trees
that are going to be substituted, are going to be substituted for 17 more trees.
The existing building, and we have photographs of a known product, is 2000 S. Dixie
Highway. This building should be very familiar to all that live in this area. This
building was built approximately 4 years ago and it is next to the subject property.
As you can see, the quality of the building and they way it has been kept up to
date, is a credit to the developer. And this is the type of known product that
we are offering not only to the tenants that might eventually occupy this building,
but also to the neighbors and the city in general. What we are offering here is
not an abstraction. It is an existing situation that as I said before is familiar
to many of you and could be seen by all those that have an interest in this.
As opposed to this, what we have, if this building were not to be built, if this
zoning were not to be allowed to be changed, is an R-1 situation where the
economics and realities of that subject property, will result in having to
reverse our proposed traffic patterns. And this I want to emphasize because
this was an item that was widely discussed at the zoning hearing, is one of
the major concerns of the neighbors that are in opposition to the project, and
we have worked very hard to try to come to an understanding in this particular
area. If we were to go along with an R-1 situation in the existing property, what
we will have is, that we will have to go for a PUN type of situation. We will have
to go probably for a 6,000 sq. ft. type of dwelling. This will allow us to build
according to existing regulations, without requesting any change or variances of
any kind, this will allow us to build 17 units in this particular property. Now,
we go to the traffic. If we are to build the buildings according to the R-CA
specifications, the traffic pattern will go to S. Dixie Highway, exactly as
it is now in the existing building on 2000 S. Dixie Highway. What we have is
the entrance, and egress from the building on S. Dixie Highway, and that traffic
is not going into the neighborhood to the east of S. Dixie Highway.As opposed to this,
we were to develop this on an R-1 basis, the traffic pattern will have to be com-
pletely changed, and what we will have then will be a wall along S.Dixie Highway,
along the same line that the existing walls of Bay Heights and other areas of
S. Dixie Highway. This will imply that the traffic pattern will change because
it has no way to go into S. Dixie Highway. It will have to go out through
Secoffee to 22nd Avenue. These things will create a hassle for the neighbors
because that traffic will be coming into their area, as opposed to a situation
in the R-CA classification. Not only that, but if we were to build 17 units,
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DEC 151977
on that subject property, the end result will be that you will have the traffic
of 17 family units during the evenings and durning the week -ends, as opposed to a
situation where we will have a building whose tenants will be professional
people working office hours five days a week and having the traffic during the
hours where the neighbors will be either at their jobs or the children will be
at school. The situation will be totally reversed shall we have a residential
compound there where you will have the children that will be playing on Secoffee
and the children that will be playing in the adjacent streets, playing there on
the week -ends and that traffic will be affecting directly those particular areas.
To give assurances to the neighbors that what we intent here is to maintain Secoffee
completely and absolutely safe from traffic, we are proposing to build a wall on
the boundaries of the property, landscape that wall to the outside so we will have
something nice to look at from the outside and then seal completely entrance or
egress to the area on Secoffee street. How can we do that? We propose to the
commission that the strip along that particular property line, on Secoffee,
be kept R-1, and a strip of 5 ft. deep which could be a buffer zone, which
could give assurances, not only physical but legally to the neighbors, that
the traffic will never go into the area. We will not only do that, ----one of
the major discussions was the question of the traffic on SW 22nd Avenue. We
have contacted the traffic department and they were not opposed to consider
an asset, from the subject property from the parking lot to 22nd Avenue. However
since this is the major concern, the developers have agreed to also seal 22nd
Avenue to the traffic, and we propose that the same restrictions, a buffer zone,
R-1, be kept on the property line that goes from S Dixie Highway down to Secoffee.
What this will mean is, the complete sealing of the traffic from S. Dixie Highway
down to Secoffee on 22nd Avenue, and then on Secoffee down to the end of the
property. This will give plenty of assurances, not only physical but legally
to the neighbors that the traffic will never affect them. This I submit to you
vs. a situation whereby what we will have, and now we would like to show the
alternative in photograph, to this plan that we are proposing. This is the
existing situation in S. Dixie Highway. Unfortunately these photographs are
not very large, but I am willing to pass them along, and this is a very important
thing, because we are dealing here with something more than that particular neighbor-
hood in itself. We are dealing here with S. Dixie Highway which is a major artery,
serving not only the city of miami, but the whole Dade County area. We are dealing
here with the beautification of major highway, in our city and this is what we
have today. What we have today is this wall on Bay Heights, and a little before
Bay Heights. I apologize for these photographs. I would also like to point out
to you, and is evidence, this is the alternative Mr. Mayor. And I will explain this
now.
As you will see, this photograph also represents a pedestrian walking on very
unsafe conditions along S. Dixie Highway because there are no sidewalks along
S. Dixie Highway. This pedestrian here is practically next to this truck. You
can see the impact of the lack of sidewalks, and the safety of the pedestrian
walking on S. Dixie Highway, without any sidewalk. What we have in the existing
property at this point, on 2000 S. Dixie Highway, the existing building is the
total reversal of the situation. We do have at the expense of the developer, and
we do propose to do exactly the same shall the commission allow us to go along
with our project. What we do have, is sidewalk ample, giving security and safety
to the public, not only to those that go into the building for the private business,
but to anyone that transits around there.
If we are talking about the beautification of the area, there is no question
after having seen this photograph, that what we do have is a beautiful building
with a nice landscaping, that has been kept that way for 4 years. And that is
a credit to this particular area, as opposed to the walls that I showed to you.
Now, I would like to enter into a more techincal type of situation. This is
official maps of the city of Miami. This red line represents S. Dixie Highway.
The red line represents S. Dixie Highway from the boundary of the City of Miami
on 37th Avenue all the way down to the Rickenbacker Causeway, the whole street.
What we have is, that from 37th Avenue all the way down to Natoma Street, we have
and R-CA classification. All along. With one particular exception, and that is
the subject property, which has become by this fact, for all practical purposes
a spot -zoning type situation on that strip. And this is the subject property.
This is the subject property here, and all this, is commercial, including the
two adjacent lots. This destroys the theory that we are so familiar with, in
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Zoning questions, of the domino theory, that is, where do we stop. This
doesn't apply to our situation here because we have already stopped. And
the stop is on Natoma, and this subject property we are asking you to rezone
has nothing to do, absolutely with the continuation of this part.
Mayor Ferre: How many minutes has he spoken now? Fifteen?
Mr. La Casa: I want 3 more minutes and I will finish.
Mayor Ferre: I want to tell you that is all right with me, but your people
are going to have to waive their time, because we have to keep this absolutely
balanced.
Mr. La Casa: What we are discussing now is, the continuation of the pattern
than has been created all along. To finalize this, this is an aerial view of
S. Dixie Highway as it stands now. What we have here is complete building all
the way down to the Rickenbacker causeway, with one exception, which is the
last vacant lot next to the Rickenbacker highway, which incidentally has been
requested. There is a request at this point by the developers and the Planning
Department here will me on this that they are proposed a
PUN type of classification and they are not seeking any RCA classification. So
to finalize this, what we propose is, the continuation of what has become an
situation in this strip, from 37 Avenue down to Natoma, to finalize
this spot zoning situation that has been created in the strip because this is the
last lot that remains classified R-1 in this area and then from Natoma down it will
remain as it is, in other words R-1. Thank you very much.
Mr. Plummer: Mr. La Casa let me ask one question, for the record. I know the answer
but let's try to save a lot of conversation. Sir, you kept referring the R-C the
furtherest point east as Natoma. One of the concerns that I have heard of many of
the neighbors is, that it is going to be tried once again, get that lot from
2000 to Natoma rezoned. That is not what you meant if I understand.
Mr. La Casa: Absolutely correct.
Mr. Plummer: What you are saying is, the continuation of the R-C to east end
of the 2000 Building, not Natoma.
Mr. La Casa: Not Natoma. Where it ends as it is now, we destroy the domino
theory that we have been referring before.
Mr. Plummer: I was merely clearing up for the record, and hopefully to starve off
another half hour conversation, that is not your idea or intent.
Mr. La Casa: I appreciate that, because I know it is a controversial subject too.
Thank you very much.
Mayor Ferre: The next speaker, a proponent,is Mr. Robert Taylor. Seventeen minutes?
Try to make short so you can make up for the extra two minutes he took.
Mr. Robert Taylor: I am Robert Taylor, 2053 Secoffee. I put down for 3 minutes
but I will try to make it shorter. I live within the radius marked up on the
map. I abut the proposed development on the south side. I have lived in this
area for 4 years. I welcome anything on that corner that will clear up the
current mess that we possibly get outselves in. My theory is and always has been,
I have been to many zoning meetings, the county and city and like most residents
you talk to at any zoning meeting, once they have their place in Coconut Grove,
the hell with everybody else. I've got mine, let's stop everybody else from moving
in the area. That is just what I think what kind of theory our opponents have. We've
got mine, so that's it for everybody else. A couple of things I think in favor, yes,
I do agree with them. That will be real nice. I would love to have a beautiful house
built behind me on that vacant lot, and on the corner also, but I think it is totally
unrealistic. A major artery like U.S. 1, with the price of that land in there to
come in and build those type houses they would like to see in there.
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101 DEC 151977
I'd certainly love to have something like that behind me. Coupled with that I
think you've got to consider too right across the street you're going to have the
mass transit coming down. I don't think any of these people who are opposed to
this thing would buy a house in there themselves. That's all I'd like to say at
this point and I've seen some of the work that Mr. Valles has done with the 2000
Building, I think he is sincere, I think it is the best thing even though I think
the ideal thing, of course, would be to have R-1 in there and homes, I think this
is the most realistic thing we can hope for and I would certainly welcome it.
Thank you.
Mayor Ferre: All right, the next speaker after Mr. Taylor is Michael Kuryla, 2811
Emathala.
Mr. Michael Kuryla: My presentation is very short and it is similar to that which
was made by Rob Taylor just a few moments ago. Although he may be immediately ad-
jacent to this proposed project I am simply one house away in as much as I live at
Lot 22 on Emathla Street. My feeling is as I say one that I share with him, in as
much as an R-1 development there from a personal point of view does not seem to
make the best use of that property with respect to developing it if it has to be
done on a commercial basis along the lines of property which has followed the same
route on Dixie Highway, the notion of single family homes in that area, specific-
ally that yellow outlined area I think is not as attractive as would be the commerc-
ial presentation .that Mr. Valles would like to make. That's all I have to say.
Mayor Ferre: All right, the next speaker will be Mr. Gonzalo Gutierrez. We'11 get
you an official translator. Who is going to be the official translator?
Mr. Gutierrez: (As translated by Mayor Ferre) He lives in front.
Mayor Ferre: Now you know who the official translator is. Go on, Mr. Gutierrez.
Mr. Gutierrez (as translated by Unidentified person): He's not affected by an of-
fice building at that place.
Mrs. Gordon: What is his address?
Mayor Ferre: Point out where he lives so that we know.
Mr. Gutierrez: 2710 S.W. 22nd Avenue. As long as there is an office building, a
beautiful office building that will be an adornment to the neighborhood he would
prefer it to 17 houses. That is all.
Mayor Ferre: Muchas gracias. All right, the next speaker will be Mr. Lee Sugarman.
Mr. Lee Sugarman: My name is Lee Sugarman. I live at 2212 S.W. 27th Terrace.
That is the little part there that is colored green under the word Terrace and if
I notice correctly it is the only one that is colored green there, I feel like
Sadat in Israel. But you can color the rest of that street green all the way from
the easement which is directly next to my property and that I keep wide open and
well taken care of all the way back to where the map ends. Also the other side of
the street can be colored because all those people I have their signatures and
their approval for the proposed rezoning of that subject property. Now I'm going
to make it brief: Everybody is supposing what would happen if that was to remain
R-1. I spent an awful lot of time researching the houses that are on Dixie High-
way in Bay Heights. I spent two Sunday mornings talking to the people up there and
asking their opinion of what it was like to live backed up to Dixie Highway with a
wall and they said it was alright as long as you remained in the house and kept
the air conditioning going and the house was well insulated but it was kind of im-
possible to go outside because the fumes and the noise of the traffic on Dixie
Highway was abominable. I'll agree with that because I live further from the high-
way than they do and it is pretty rough. Now as far as traffic is concerned we
all know that traffic on Dixie Highway where I've lived in the area for 27 years
was terrible even 20 years ago when it was a two lane highway. We called it death
alley then when it was only two lanes, now it's three lanes and it's still death
alley and if you made it four or six lanes or eight lanes it would still be death
alley. The traffic that is generated along there especially in 22nd Avenue going
north and trying to get on Dixie Highway during the rush hours which are 7-9 in
the morning doesn't come from the neighborhood it comes from Old Cutler Road and
down through there where the people come up Main Highway into Tiger Tail or South
Bayshore Drive and they take 22nd Avenue because it is impossible to get out on
17th Avenue which is only R-1. That takes care of the traffic. I think the traf-
fic can be alleviated by the traffic engineers more than it can by the Planning
and Zoning Department. That's up to them to re -time those lights and give the
people that want to get out across Dixie Highway, have a little more time than what
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DEC 151977
they do. They give all the breaks to Dixie Highway which, of course, is no more
than right, it handles more traffic. Now a lot of people wonder what my interest
in this is. Well, it is three -fold. It is crime, it's economical and it's cultur-
al. You Commissioners have spent an awful lot of money today, our money, taxpayers
money. I think tonight you can decide to collect some tax money for a change in-
stead of those vacant lots which do not generate a damned thing. The unemploy-
ment situation in the country from what I understand is about 7 or 8% and the
president would like to get it down to about 4. Well, you're not going to get it
down to 4 if you're going to let those lots stay vacant for another 20 years be-
cause if you're going to keep it R-1 that's what's going to happen. Thank you.
Mayor Ferre: Thank you, Mr. Sugarman. Now, is Mr. John A. Brennan here? Mr.
Brennan, as I understand you're an opponent, aren't you? So you're on the oppon-
ents' side, this is wrong. I think Mr. Tatham is too. Oh, Tom, you're in favor
of it. Ok, I'm sorry. Ok, you're next, sir. How are you this evening?
Mr. Tatham: Fine, Mr. Mayor. Mr. Mayor and Commissioners, I've owned property in
this particular area, the first time we acquired property was in 1931. I built a
house 18 years ago, I live on those two red lots, the two big ones. They're 72
by 300. I live behind the building that is now built on the Dixie Highway. There
was a home there when I built my house which soon deteriorated and became, that
rock pit became a point where all the kids all the way from Hialeah came in there,
they wrecked cars, there was bums and there was everything else in there.
Mayor Ferre: Mr. Tatham, excuse me, is that lot 65?
Mr. Tatham: Yes. I was very happy when Mr. Valles built his building there be-
cause it took from my particular home and the neighborhood a very bad eyesore be-
cause we had continual problems in there up to and including fires of which one
the City of Miami had to fight from my backyard. I think that this vacant lot,
what we have here which was bought by the Southeast Bank organization to move a
bank into our area, irregardless of whatever you think a bank is it is a retail
store, fortunately they decided not to go forward with that and I think an office
building with office hours is a desirable thing to put on this corner. I do not
think that anybody will build residential homes on that particular corner except
something that is either a highrise or a very multiple because as you know we are
widening 22nd Avenue at the present time. When they get that four laned from
State Road 9 which is the 27th Avenue extension over to Golden Glades we're going
to have more traffic coming in there plus that rapid transit railroad car that is
going to be running up and down there making noise. I don't think anything is
going in there except something that is going to be a buffer between us and the
houses. I believe a building of what Mr. Valles proposes to build would be the
most desirable thing to put on that particular corner. I would heartily urge that
you vote to let him put something in there. We know what he's done, he's a good
neighbor as far as I'm concerned and I've lived by him ever since he's built and
I'm very happy with what he does. Thank you.
Mayor Ferre: All right, thank you Mr. Tatham. Dennis G. King... Yes, but you're
an opponent, is that correct? All right, are there any more proponents that wish
to be heard at this time?
Mr. Plummer: Mr. Tatham, may I ask you a couple of questions, sir? Mr. Tatham,
you live behind the existing building, is that correct? Now, I want you to be
truthful and I know you will be. Anything that you know of, sir, about the exist-
ing building detrimental, has there been a noise problem? Has there been a trash
problem? I want the truth, that is what I'm looking for.
Mr. Tatham: There is no noise in there, of course, there are cars going in and
out but basically this is during the day and there's occasionally a car at night.
The trash problem as far as I'm concerned there isn't any and as far as our prop-
erty is concerned it is down about 8 footbelow the back of my lot line and they've
got a high block wall which completely surrounds them and separates that whole
piece of property from all of the houses in there so that really the noises in
that building we don't here. The only thing we still have is the road traffic
going up and down the highway.
Mr. Plummer: Thank you, sir.
Mayor Ferre: All right, now we start with the opponents. Who wants to be first?
Now Mr. King wants to be last.
Mr. Fred Stanton Smith: I'm Fred Stanton Smith, the President of the Tigertail
Association and the Tigertail Association has had meetings with the developers
and has met with the neighbors in three different sessions and in each case the
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Tigertail Association is totally opposed, unanimously opposed to this development.
I think one of the key factors was when the statement was made about the immed-
iate neighbors being involved and that's really one of our concerns because we
feel that the immediate neighbors are finally involved or could be financially
involved in the future by breaking open for the first time zoning other than R-1
to the back lots. Let me show an example. This is a shot of U.S. 1 from 27th
Avenue to Villa Vizcaya. The green is the present R-CA zoning. It is the only
R-CA zoning that has ever been allowed in the history of Miami from U.S. 27 going
up to Vizcaya. This for the first time would be breaking the zoning back down to
the back street where this dotted line is if it were allowed to come there. If
the immediate neighbors who form the rest of the "L" that's left out there, if
they came forward the next time and said well now I'm surrounded by an office
park why can't I be part of an office park that would take to the next dotted
line and you can readily see if the zoning were allowed to go to the back street
conceivably this red line would be the new zoning line of R-CA on U.S. 1. This
is the first attempt to break down and get to the hack street lots and that's why
we feel it is so vitally important, that's why everybody's here tonight and that's
why also 200 people have signed a petition, it is going to be presented to you to-
night, 200 people living in 140 different homes in this immediate area. The other
thing that concerns us, as you all know, just because somebody shows a picture of
a building doesn't mean that building is going to be built. When zoning is changed
zoning is changed. The neighbors have not had a good experience with Mr. Valles.
I think we all know the history. When the first building was built on Saturday a
bulldozer showed up to knock down trees without a permit, the neighbors went and
stood with their arms in front of the bull dozer to keep the bulldozer from knock-
ing down trees. Rose Gordon was finally called on an emergency basis and all of
this was done on a weekend to stop the trees being knocked out. Later on a lot
was purchased on Natoma Street, the house was demolished on Natoma Street and then
they came and asked for rezoning to allow parking there and an access onto Natoma
because there was no economic value to the house because the house had been destroy-
ed. So I don't think we can look at exact replicas of buildings and say this is
necessarily the exact replica that is going to be built. The next thing is we
hear the economic reasons that were it not to be built there is no economic justi-
fication. In this case the property is not owned by Mr. Valles, his wife is the
architect who has not even made drawings, I mean they've just taken the concepts
of the first building and put them on new paper and said this is our concept. They
have an option to buy the proerty from Southeast Banks, Southeast Banks bought the
property in good faith as R-1 zoning, own it in good faith in R-1 zoning and do
not appear at any of these meetings because they don't want the community condemnat-
ion of having to fight the battle and so they give options to developers so the
developer comes and fights in their stead but the value is what it is, the value is
R-1. The next thing is the statement that was made tonight for the first time,
they said well we'll block off 22nd Avenue as well so we won't go onto 22nd Avenue,
we won't go onto Secoffee, we'll put all of our traffic onto U.S. 1. Now people
coming out of an office building on U.S. 1 that want to go south, where do they
go? They go to 17th Avenue, turn right on 17th Avenue and come back through all of
the side streets to sift all through the Grove to get back onto Tigertail, U.S. 1
of South Bayshore Drive and so you create more neighborhood traffic in there than
you would in any other kind of way. We feel like Mr. La Casa said this is not just
something that is immediately important to this neighborhood, this is important to
all of South Dixie. This is important to the whole program of Coconut Grove and
if we break here and come onto the back street then why not all of these small
office buildings along 22nd to 24th Avenue, homes and everything else, why not they
buy up a house in back and come forward and say look, we want to now go three and
four stories with our building because we've got enough parking, we've got the
house in the back. And before long most of your houses on the back street would
be parking lots for the commercial development on the front street. Our legal coun-
sel says that their acquiescence to leave a 5 foot buffer on Secoffee would never
hold up in any court of our country and so we are totally opposed to this because
of what is opening up in the Coconut Grove area. The last thing that I'd like to
point out is the representation made as to the people that were for it in blue
was Dr. Culliper's house and in blue that was passed around was John DuVall'.s_
house. Well, John Duvall is here and he can certainly attest that he is totally
opposed to it, has always been opposed to it and he and Dr. Culliper should not be
in blue and they don't know how they got into blue. The other thing is that when
some of our people were going around to ask people to join in the opposition they
said no, we don't want to join in the opposition because maybe we can zone our
property commercial some day and so we've got to be for it. As Mr. Sugarman told
Mr. Duvall once when he was walking his dog down through Secoffee, Mr. Sugarman
said well, I enjoy walking my dog on your street but I sure don't want to pay the
taxes of this neighborhood. Well, the people who live on the street want to pay
the taxes of the neighborhood and we want to be left alone to pay the taxes of
the neighborhood. We want to keep the Grove as R-1. The Tigertail Association
is not against building. In fact, here is a very logical concept where 12 homes
10
DEC 151977
of 3,000 square foot each could be built with a total walled community opening
onto Secoffee Street so that 12 luxury houses could go in there very similar to
Bay Heights. There is no reason to build 17, there is no reason that you have
to have a dire threat to a massive highrise that's going to come in there. Twelve
houses could easily pay $30,000 a piece for a lot which would give $360,000 to
Southeast Bank which is approximately what they paid for the property so everybody
would come out whole. So if there are 200 neighbors against it, if there are 140
families against it, if economically a beautiful 12 home subdivision could be
built there then why not? ThE question was well we need employment, this would
employ more employment, this is 13,000 more square feet of building than the of-
fice building would build so it would bring $400,000 more dollars of construction
into the Grove area than the office would build and it would be in keeping with
all of our community.
Mayor Ferre: All right, John A. Brennan. You want to talk next? All right, Mrs.
Rose.
Mrs. Brigitt Rose: I would finally like to present this petition which I've been
carrying around a long time and like they said so well we have over 200 neighbors
who have signed against the proposed changing. We have a map here which is more
accurate than Mr. La Casa. I have the signatures here, the addresses and every-
thing and you can see what kind of credibility Bill La Casa has showing you this
map here with the blue lots where we have all those signatures here, they're all
against the change in zoning.
Mayor Ferre: Would you pass that document back to us, the one.... Ok, if you
would just hold that up for a moment so we can compare notes here. Ok, go ahead.
Mrs. Rose; So I think this is a very simple question. The change of zoning to
R-CA would be destroying the residential neighborhood. Right now Southeast Prop-
erties owns, Southeast Bank owns the properties. They are not forced to sell once
they have the change of zoning. Maybe you remember some time back they came to
you and asked for a change of zoning for some tellers property and a few months
later they were selling the property, they did not what they had promised to you
so in other words you must know as well as I that there is absolutely nothing to
bind them once they have the change of zoning and I don't know if Bill La Casa
has more power than, you know maybe he's God that he can say nothing is going to
happen, there is no change going to be further down, there is no domino theory
and it is going to stop at Natoma. I don't know what power he has that he can
say it is going to stop at Natoma. The fact is that this property is the only
one which has access from a back street and it would be the first one from 22nd
Avenue down to Rickenbacker Causeway which would change to commercial with a back
street access. So I think the question is not what kind of building he proposes
_ to build but that this is a question of destroying the neighborhood, the resident-
ial area and a clear cut voice of the neighborhood against it.
Mayor Ferre: All right, the next speaker is Mr. John A. Brennan.
Mr. Brennan: This is going to be brief. A little digression from the cold hard
facts that have been laid out here before you but I've lived in Miami since 1960.
I live at 2336 Swanson which is a few blocks away but in the area. I checked my
taxes before I bought the house so that I had some sort of a feel for what I could
afford. I'd like to be able to retire in that house, I really would. I like Miami,
the whole package. I have here a little insert that shows, that came with my
tax bill, it shows that my millage is higher than it is in Coral Gables and the
Gables, I guess you know that the first protection is the zoning. You gentlemen
have done a pretty fair job for us and Mrs. Gordon, I kind of hope you'd stick
with it. In the past five years my taxes have gone up $100 each year and one time
I complained to the Tax Assessor, I went down to the County Commission and listened
to the whole story. Have any of you ever been up there to try to appeal to the
County Commission? It's a very alone feeling, very alone. The Commissioners didn't
have the courtesy even to sit down and listen as you gentlemen are.
Mayor Ferre: I want you to know that I didn't do any better than you did.
Mr. Brennan: I really believe you.
Mr. Plummer: I'm smarter than both of you, I didn't even go.
Mr. Brennan: I wish I could have said that.
Mayor Ferre: Well Plummer, some of us are fighters and some of us are not.
Mr. Plummer: Yes, and some of us are losers and some of us just sit home and
relax.
1O5 DEC 151977
Mr. Brennan: The real point that I'm making on this issue although I live a few
blocks from it and we are talking about changing zoning a bit away is that the
County Commission called their assessors and their assessors quoted me figures
on houses that were full half a mile from the house that I was interested in and
an appeal that this wasn't zoning close to my house was of small consequence.
What I'd like to say is that I would like to retire here but I definitely can't
afford it, I won't be able to afford it a few years from now if the zoning keeps
changing. I don't have any objections to the building as long as they stay within
the zoning we bought when we bought the house originally, I do hope that you can
protect what we have. Thank you.
Mayor Ferre: Thank you, sir. Mr. John Smith, is Mr. Smith here? All right,
and the next speaker will be Janet Mc Aliley.
Mr. John Smith: Thank you, Mr. Mayor. 1 live in the neighborhood, I'm at the
corner of Seminole and Secoffee. I've lived there since 1969 and I at one point
succumbed to the lure of the bay and bought a bayfront lot, we thought of moving
and finally decided we wouldn't. We live in Miami, I earn my living there and I'm
very happy with both things. We stick it out in our house with small kids until
this year and by selling the lot and using that for a down payment and borrowing
a lot we put a rather major addition on our house at that corner. We like it very
much, I'd like to leave this in your good judgement as to what you do about the
zoning but it is a beautiful area, it is a historic area, it carries a lot with
it. There aren't many left in south Florida and especially in the City of Miami.
We thought about Coral Gavles, and we decided not to, we're putting our stake and
our chips in this city and we'd really like to stay... which are some of the most
beautiful in the city. Thank you very much.
Mayor Ferre: All right, thank you. Mrs. McAliley.
Mrs. Janet Mc Aliley: Janet Mc Aliley 2025 Secoffee Street, my property backs up
to Mr. Valles' existing building too and I must say I enjoyed the Royal Palms and
oaks and Poinciana trees a whole lot more than I enjoy that building and parking
lot which is now there.
Mr. Plummer: Which one is your's?
Mrs. Mc Aliley: Number 8 on Secoffee Street, Lot #8. One of the proponents argued
that you know all us rich people live there and we don't want the poor folks to
come in, there are lots of modest homes on those streets and it is no question of
trying to keep out the less affluent people, many of them are there, they're our
neighbors and we like it that way and have no intention of trying to change that.
Mr. La Casa argues that now this property in question, the old church property as
we in the neighborhood refer to it, is spot zoning. That's pretty good consider-
ing a number of years back there were quite a few properties along U.S. 1, the
old architects office, a man wanted to have his office in his home, he achieved
the permission to do so, the adjacent property then was zoned commercial, there
are various office buildings along there, we have the Zayre Parking, the Zayre
parking lot is a good name but it is a shopping center which was supposed to be so
much nicer from the architects' renderings but it really is an eyesore now. There
are all sorts of properties along here that were, the commission perhaps not you
all because this was done some time in the past on many occasions, to rezone them
so that they would be very nice and wonderful attributes to the neighborhood but
in effect now you have the commercial zoning go right down the highway as Mr. La
Casa has pointed out and there are just a couple of pieces left along the highway
between 27th Avenue and Natoma Street that are R-1 and one of the reasons why they
now feelthat they have a right to have the old church property rezoned is because
they had some years back gotten the 200 U.S. 1 Office Building rezoned. You've
been told already or reminded that Mr. Valles, the developer, owns the lot on the
corner of Natoma Street and U.S. 1 and wanted to have a parking lot there. Very
badly we were all down here lots of times on that, you turned him down on that but
there will be little to stop him maybe not here but certainly in the courts to
once he gets the other corner rezoned to get that lot rezoned even though, Mr.
Plummer, he says he won't suppose he sells the properties at some point? There
will be no way to guarantee that that won't happen.
Mr. Plummer: I don't think anybody was inferring and if it was it was wrong that
any property owner always has the right to come in and ask.
Mrs. Mc Aliley: That's right, or they can go to court and do it and it makes it
a lot easier if the other...
Mx. Plummer: He's got to come here first.
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DEC 151977
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Mrs. Mc Aliley: Right, we know - too if the other corner is rezoned. So there
are few places left in Miami that have the trees and so forth and a little space
around them and those of you who love the City of Miami and devote so much of your
time to it ought to try to protect that and we ask you to do that.
Mayor Ferre: All right, the next speaker is Mr. Denver Chasen and then Mr. William
W. Beem is the next speaker.
Mr. Sam Denver Chasen: My name is Denver Chasen, Sam Denver Chasen. I live at
2369 S.W. 28th Street. I think that we should consider what we can learn from
history and what happened to Miami Beach and once they built a lot of hotels, row
upon row upon row now you can't go back on it. I mean that's it, once it's done
that's it and once you allow a building like this to be built that's it and like
Will Rogers said, "They don't make land, they don't make land anymore" and this is
a very important piece of property, a very important piece of realestate and this
is important to we who live in the Grove. I think it is important to the whole
City of Miami. Obviously I guess if we live there we're probably more selfish
than everybody because somebody on S.W. 125th Street really couldn't care and so
we live here and thus we do care. But I think that if you decide to vote in favor
of us, in other words against the building I think that it will be something that
you will be able to live with and that you will not feel that you made the wrong
vote. I think you will feel happy and I think that you'll walk away feeling that
you made the right choice not only for we who live in the Grove but for the com-
munity and I think that when you look at it a year or two or three or four years
down the road because you just can't look at it today you have to look at it four,
five, seven years down the road, I think you'll see that you made the right choice.
Thank you.
Mayor Ferre: All right, Mr. William W. Beem.
Mr. William W. Beem: I won't take long. My grandfather taught me, he said if
somebody else says what you want to say and they say it right and you agree with
them sit down and shut up. Now we've had some very eloquent people speak with a
tremendous amount of facts and the only thing I can say is I'm in total agreement.
I could point out one other thing as briefly as I can. In coming out of this
office building you would have to turn north on U.S. 1. The old office building
would have cut back down on Natoma, that was sealed off, it now would cut down on
Wa-kee-na, that's the path that I take coming home from the north every time. I
turn left off of U.S. 1 after 6 O'Clock and wind my way through my neighbors
through Wa-kee-na down to Secoffee and this is the same path that the people who
work in the building would take because it is the most ready access to Tigertail.
Thank you.
Mayor Ferre: All right, sir. Dr. Michael Rose.
Mr. Plummer: Would you take Mr. Beem's grandfather's statement, blow it up and
put it right up here in the front, please.
Mayor Ferre: Blow it up big enough so it covers more than one person on this com-
mission.
Dr. Michael Rose: Mr. Mayor and commissioners, I live on Secoffee Street, Lot #7,
I've been there eight years. I live there with my wife and four children. I'd
like to point out a few things, underscore a few things. I say underscore because
at the last meeting of the Zoning Board certain things didn't seem to be quite
clear at the end and some people voted against us. One fact is clear and has not
been brought to anybody's attention: The Southeast Bank has been offered by var-
ious people to buy this property for residential use and they have refused. That
is a fact, I can back it up. The alternative is not PUD but to very well be resi-
dential use and single family usage. It seems that developers come here always
threatening us with the most horrible kinds of catastrophes - it doesn't have to
happen. We are told that people won't want to live there, it will be up to Dixie
Highway. That's not so. Bay Heights is not vacant. We're told that professional
people don't work late hours. I saw professional people here tonight that were
working pretty late hours. Not only that but Mr. La Casa and Mr. Valles know
very well that in their own property at 2000 Dixie Highway is a mental health
board and they're always working late at night - I know. I want to point some-
thing else out which is very very important and then I'm finished. What advant-
age does the city have to rezone this property R-CA? Absolutely none. It will
be a snow plow. It will go right in that building right down to the museum and
67 properties. This was not brought out here but it was brought up at the Plann-
ing Board that 67 properties in the same position and once this property is changed
and the purchase is made all those properties, dozens of streets can be rezoned
commercial. That's a very important fact. The people in our neighborhood just
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DEC 151977
look for example on Secoffee Street, the green houses 10, 11, 12 and 5 and 6.
These are owned by one man and his sons. What would stop him tomorrow to make
that a commercial property? I could get together with my neighbors, we could
make a lot of money on that. We could change it commercial, the courts wouldn't
stop us. We could even hire Mr. Valles and Mr. La Casa to come to the Zoning
Board, lose and go to the cours and win and have a beautiful development looking
all the same. And what will that do to the neighborhood? Well, I don't know
about you but I came from Brooklyn and my neighborhood was destroyed because poor
planning on the basis of the city fathers and I certainly came here to Florida
with the hope that I could live here in peace with my children and have a nice
street and live peacefully and I hope you'll help us out. Thank you.
Mayor Ferre: All right. Michael Schoring, you are an opponent?
Mr. Joseph T. Calay: I'm not the real Michael Schoring, Dr. Schoring was called
away by his beeper. He asked me to express his comments. Mr. Mayor, my name is
Joseph T. Calay. I live at 2985 Aviation Avenue. Dr. Schoring is my neighbor
who moved to Miami about two years ago. He asked me to make the simple comment
that he came to Miami because of the availability of medical training, the only
place in Dade County that he would live was Coconut Grove and that he is categoric-
ally and positively opposed to any additional commercial development in the area.
Mayor Ferre: Thank you very much. Now, the only speaker that I have left is Mr.
Dennis G. King, is that correct? Oh, you're speaking for yourself. You certainly
may.
Mr. Joseph T. Calay: For the record, my name is Joseph T. Calay, 2985 Aviation
Avenue. I am perplexed by the logic presented here this evening. The man has
told us that the addition of this singular piece of R-CA zoning would not cause
the domino theory to continue or is it converse? Because he has achieved R-CA
zoning in the past, built a building of some reasonable architectural value which
after much effort on behalf of the citizens in Dade County and Miami we were able
to prevent certain accidents of construction to occur. He now tells us that if
he is allowed to penetrate one of the few areas from the highway to the resident-
ial that this will not again occur by someone who owns the property adjoining to
it and we have a domino theory, we don't have a domino theory. I'm confused but
I know the commission will always figure out the truth.
Mayor Ferre: Mr. Dennis G. King.
Mr. Dennis G. King: Thank you, Dennis G. King, 2915 Emathla Street. I'm also
Vice -President of the Tigertail Association. I would just like to conclude with
a few comments, pick up a couple of comments made from the commission. With re-
spect to the right of a property owner I would submit to you that we are not talk-
ing to the owner here. I have yet to see or look at anybody from Southeast First
National Bank of Miami through three deferrals of these hearings, two or three
meetings with these developers and with meetings and conferences with the Tiger -
tail Association. We are looking at someone, and I feel like I've been talking to
a man who takes a $10 bill out of my pocket as we were walking into the casino and
say I'm going to play the crap game and if I win it is my money and if I lose too
bad because that is the situation here. We're talking to a developer who has an
option on this property contingent on the outcome of the zoning. To my way of
thinking that's not really looking eyeball to eyeball with the owner who has come
in and committed himself to ownership of property in the area. Now I think this
is a classic example of how the exception tends to become the rule. We've got
this office building up here by Mr. Valles and as I understand the history behind
that it was allowed only after vigorous opposition because there was only egress
from that property onto South Dixie Highway. That was an extremely unique situat-
ion and the only reason that was permitted. Now, we are trying to create a unique
exception all the way up and down South Dixie Highway by artifically sealing off
an exit on Secoffee and sealing off S.W. 22nd Avenue. This makes no sense at all.
We are just stretching the exception and bending it until it becomes the rule.
Now I think consideration should be given to the characteristics of this area. If
we look up at a map you will see that we have an area of half acre lots extending
east from S.W. 22nd Avenue. The characteristics of this area are going to come up
on the next item but I submit to you that this area is of such a zoning that the
City Code doesn't even touch it. It is a higher form of zoning than the Code
exists for. It is extremely unique, it's hammock growth, the residences in there
are unique and we all bought and lived in this area with the understanding that
we were in an area of single family single residential lots, area which is one of
the highest in the City of Miami and now it is proposed here that we get encroached
right into it right on the edge right on the periphery a commercial zoning. I
think more attention should be paid to the Planning Department's recommendation
in this matter. They have done an exhausting job, they have analyzed, they have
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4011
recommended against it. The coconut G.roye Planning Study has been in existence
for years now and it is a firm principle of that study as. I understand it that
the residential character of the Grove be preserved. I'd make one comment now
about the people who are in favor of the proposition and there is a difference I
think of philosophy of residents and owners in the area. There are those of us
living in here who...
Mayor Ferre: Mr. King, excuse me for a moment. I said originally that they would
have 35 minutes and I think they have some time left. How much time is left? That
was just 31, so you have four to five minutes. Ok?
Mr. King: I won't take all that time. There is a minority of ownership in the
area consisting of Mr. Tatham, Mr. Carillo who feel this area despite its unique
character should be subdivided, replatted and postage stamped in effect and I think
this is alleviated by the intrusion into the area of a commercial building. The
rest of us feel that these are our homes, it should remain exclusively residential
and I think the signatures on the petitions bear this out and the vote and the
presentation at the Zoning Board also bear this out. Finally I would like to con-
clude with one comment that comes back to my recollection as a discussion and the
long agonizing debate over the Fair Isle situation and I recall fairly specifically
the comments of Commissioner Plummer at that time that this had been R-5 for twenty
years and we can't take it away. I would submit to you that this has been R-1 for
twenty years, please don't take it away. Thank you.
Mayor Ferre: All right, now in rebuttal, Mr. La Casa. I hope we don't have to
recognize all nine people in rebuttal, so Mr. Smith, Fred, if I can impose upon
you would you and Mr. King and Mrs. Mc Aliley decide who your rebuttal people are
going to be so we don't get into a big...
Mr. Plummer: May I ask Mrs. Mc Aliley, and truthfully I'm asking you because I
don't remember the other man's name. You back up to the property.
Mrs. Mc Aliley: Right.
Mr. Plummer: Has there ever been a time, not a single time, but is there a prob-
lem with this building as to noise or trash or things of that nature?
Mrs. Mc Aliley: There is more noise with the building there than what was there
which were the trees that absorbed the noise.
Mr. Plummer: Well I know trees don't make a whole lot of noise.
Mrs. Mc Aliley: I mean they were two or three stories high, they really did a
great job on the noise and there is a lot more noise since we have the building.
Mr. Plummer: Do you think it is objectionable? That's the question I'm asking, I
asked it to the other side and now I'm asking it of you.
Mrs. Mc Aliley: Compared to what was there, yes, Commissioner Plummer.
Mr. Plummer: You ought to be a politician. Thank you.
Mayor Ferre: All right, Mr. La Casa.
Mr. La Casa: In rebuttal the first thing I would like to do is call Mr. Sugarman.
Mr. Sugarman is the person that conducted that survey in the immediate neighborhood
as a result of which that map that I provided you with was mapped and there was a
question concerning the credibility of that map and I would like for him to explain
in relation specifically...
Mayor Ferre: Mr. Sugarman, explain the map.
Mr. Sugarman: Mr. Mayor and commissioners, it seems like my integrity has been
questioned here and it is a pretty bad time to do it in front of all my bosses
because I like my job at the Police Department and I could be fired if,I'm not
credible. Mr. Duvall I understand is here and I think he knows that we had a con-
versation. That little map that I produced was for my own information because I
conducted my survey single-handedly and I didn't have the help of as many people
as the Tigertail Association did and, in fact, I think Mrs. Mc Aliley said that
they were depending on one person to conduct the survey east or west of 22nd Avenue
which would have taken care of all the people that I have chosen to represent and
she evidently neglected to do so. Well, with me conducting my own survey I didn't
have this problem. You'll find that in the little map that I furnished there were
more red zones colored from my survey than there were green, that is in the lower
part where I contacted Mr. Parker and Mr. Sapan who incidentally when I mentioned
the fact that they were contemplating putting houses on that lot says, "Oh no, I'm
in favor more of the office building than I am of the homes. As far as Mr. Duvall
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DEC 151977
is concerned, he did tell me that morning when we were having a discussion in a
very friendly fashion because I was in a very objective mood, I was willing to be
swayed the other way as easily as I was swayed the other way. I made up my own
mind, nobody came to me and asked me to vote one way or the other. I called on
Mr. Valles to come around my neighborhood and act as an interpreter for me and he
was tickled to death to go around and explain to the people what he did so he serv-
ed a two -fold purpose. I have no vested interest in that property, some people
seem to think that the way I have worked on this thing, I have worked believe me
my jaws day and night for my own benefit and for the benefit of my immediate neigh-
bors. Most of the people that have gotten up there and spoken, everything seems
to be suppose, suppose, suppose. Let's talk about actualities, things that have
already been done on Dixie Highway. I was a member of the Tigertail Association
at one time and we fought the rezoning to R-CA and I think if this commission rem-
embers I wrote a letter to this commission complimenting them on what had occured
on Dixie Highway as far as the building was concerned of the nice little offices
along there like the Keyes Office, the Concept Seven Office and various other prop-
erties. The only bad pieces of property on that highway today from 22nd Avenue to
27th Avenue are the residential properties that are left all with the exception of
one.
Mr. La Casa: Thank you. Now, the first thing that I would like to point out in
relation to the question of the domino theory is that we are proposing not only a
sealing, a physical sealing on Secoffee and 22nd but a little sealing by the fact
that what we are proposing is to give that street, that buffer zone, R-1 on both
boundaries. So that will take the question off the minds of the people that have
a fear that this would become a domino theory down the way. What we are suggest-
ing here is the continuation of a natural situation that has been creating, and
is existing from 37th down to the north side of the existing building at 2000 South
Dixie Highway. In relation to the traffic, the existing traffic patterns in the
existing building the same ones that we intend to reproduce should this building
be allowed to be built. Naturally the traffic will have to go on South Dixie High-
way. I don't question the possibilities. As it exists now and will always exist
that some traffic will go down to some other streets in that neighborhood but I
would like to point out the fact that streets are public streets and there is no
way that in any neighborhood we can be the ones that live in that neighborhood,
we can be absolutely and completely isolated from the rest of the traffic. The
streets are public and they are for the use of the public. So if any cars filter
down to that neighborhood I don't think that that is an issue here because traffic
will have to go wherever public streets exist and here the situation is minimal
because the whole traffic pattern is on South Dixie Highway. Another very import-
ant question here was the suggestion by Mr. Smith that twelve houses, high priced
houses could be built on this particular lot. I doubt very much that anyone will
build a $100,000 house next to Dixie Highway with the kind of noise pollution
that that has. That will have to be a multiple kind of a situation with 6,000
square feet lots that will allow low income housing in that particular area that
they will have to live with the noise pollution coming out of South Dixie Highway
simply because they won't have enough resources to afford to move farther away.
Granted that there are existing houses at the present time that abutt to South
Dixie Highway but this was a situation that existed before South Dixie Highway was
what it is now and any one that lives next to South Dixie Highway knows what I mean
by this. Another question that was raised was the fact that there is no access
from the existing commercial zoning the street from 37th Avenue down to Natoma on
South Dixie Highway - this is not exactly true, there are exceptions. Several
blocks of sections, and I submit to you and it is proven here by this offical map
of the City of Miami that on S.W. 27th Terrace, on S. W. 28th Terrace and West
Trade Avenue, and here I have the map to prove it, the same situation that we are
proposing here exists with difference that goes in our favor, that what we are
proposing is the sealing but maintaining R-1 while this situation still exists as
commercial and abutts to those back streets on the map. As far as the beautificat-
ion of the area I don't think that there is any doubt in the minds of the people
that are familiar with the existing building with the work done by the developer
as developed and with the work being done by Mr. Valles as a landlord of the way
that his existing building was built and is kept, landscaping and the preservation
of the trees. We are ready to submit to you that all those oak trees, and I can
prove that and we are even willing to provide the city with a voluntary covenant
on this question that the renderings preserve all the existing trees with the
exception of two and that those two that are marked with the "X", one here and one
here, only two of all those existing green circles that represent trees are going
to be replaced by 17 new trees. Not only that, but we have taken the care, the
architect in order to preserve three existing trees in the middle of the property
to design a yard inside the property which would all ow those three trees to exist.
So the question of the preservation of the environment and the beautification of
the area has been of paramount importance in this process and we here again are
not talking of an obstruction but of a reality proven by four years of existence.
III!! I!!!!Ir1III!!! !I !! !
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DEC 151977
orb
The question of the Southeast Property owners of this particular subject property,
they have signed an application here, it is the Southeast Properties as owners,
the ones that have applied for this and the reason why I have the developer here
is I am representing both the developer and the Southeast Properties and the inter-
est is common and the application has been signed by them and here I have it and
submit it to you. City economics, the question of taxes was raised but there is
even another question here. A little part of this property is owned by the City
of Miami at the present time, maybe the commission is not aware of this. When we
did the survey we found out that this property which belongs to the City of Miami
which is there not used and unproductive is going to be acquired by us so we can
proceed and build our building. It is the one being signaled in the map now. I
have here a memorandum signed by Mr. Gunderson, Director of Finance which says,
"Please be advised that the City has no objection concerning the property located
at South Dixie Highway East," and then the legal description, "being rezoned."
This is the City of Miami Director here.
UNIDENTIFIED SPEAKER: ... How could they make application to zone something....
Mayor Ferre: Wait a minute, Fred, I'll let you....
UNIDENTIFIED SPEAKER: I think the whole thing is out of order.... I think the
whole hearing became out of order this minute, how can they make application to
rezone a property which owned by the City of Miami?
Mayor Ferre: What?
UNIDENTIFIED SPEAKER: They have made application to rezone a property which is
now owned by the City of Miami. That's just what he said.
Mr. La Casa: Mr. Davis will clarify this because this was discussed and with his
help it was that we come over this little matter.
Mr. Bob Davis: The City of Miami, Mr. Mayor and Commissioners, owns the parcel,
a small triangle on the northerly side. The Property Director who works for Mr.
Gunderson was consulted on this and agreed to go along with the applicant in the
change of the zoning and the sale of the property if this is culminated.
Mrs. Gordon: Who is the person involved that made that?
Mr. Davis: Mr. Gunderson eventually made the statement.
Mrs. Gordon: No, prior to Mr. Gunderson.
Mr. Davis: Don Stewart.
Mrs. Gordon: And he signed the application?
Mayor Ferre: Do you have a copy of the letter?
Mr. Davis: Yes. The application was not signed there was a letter in the file
on that, this is a copy of the letter that he is stating.
Mrs. Gordon: You mean that the City of Miami by virtue of what became a partici-
pant to this zoning application?
Mayor Ferre: Is this the first time we were told of this?
Mrs. Gordon: Yes.
Mayor Ferre: This is dated September 7th, Mr. Davis.
Mr. Davis: Yes, sir.
Mayor Ferre: Sent to you same by James E. Gunderson dated September the 7th.
And it says here received on the 9th of September. Please be advised that the
City has no objections concerning the property located at South Dixie Highway
legally known as and then the description, being rezoned.
Mrs. Gordon: Now I want to know whether or not that Mr. Gunderson consulted with
Mr. Fosmocn obviously not because Mr. Fosmoen's recommendation is for denial,
Mr. Gunderson's was for approval.
Mr. Davis: Mr. Gunderson literally stated here he had no objection to its going
either way, he was not objecting to the petition for change of zoning, Mrs. Gordon.
He is not recommending the change of zoning.
111111 ' I1111111111111111111111111111111111111111111I111I111U!111!
111
DEC 151977
Mrs. Gordon: But he had no objection to it, therefore, if you turn that around
he is in favor of it.
Mr. Davis: That would not be a recommendation in my mind, Mrs. Gordon.
Mrs. Gordon: Well, I wouldn't consider it anything else.
UNIDENTIFIED SPEAKER: Well I think an owner has to make application. It is not
a question whether they're for it or against it, they did not make the application
for the zoning, the City of Miami did not apply for the zoning.
Mr. La Casa: The question here that I am submitting to you is we are applying for
what we own...
Mayor Ferre: Mr. La Casa, excuse me, let's see what Dick Fosmoen has and then I'll
come back to you.
Mrs. Gordon: It's all colored in yellow so all we can go by is what was presented
here on the map.
Mr. Fosmoen: I can't respond to Mr. Gunderson, he's not here but I guess it would
matter to me how the question was asked and how one responds. If the property
owners of the existing developed R-CA parcel inquired as to whether or not the City
was interested in disposing of that property to be attached to the existing zoning
that would generate one answer. If the question were asked, will you rejoin us in
a rezoning, and I doubt if that's the way the question was asked, now I can't imag-
ine anyone responding that way but if it was in reference to the property to the
north that's one set of circumstances.
Mrs. Gordon: That's what it is, that's exactly what it is. When this was brought
to the Planning and Zoning Boards, Mr. Davis, were they made aware of the City's
ownership of this minor triangle?
Mr. Davis: I don't remember it coming out in the hearing, no, Mrs. Gordon.
Mr. Plummer: ... That little parcel which I now understand is owned by the City,
is that, in fact, in the legal description as it appears before us tonight?
Mr. La Casa: It's not.
Mrs. Gordon: Then if it was not then that would have to go through the whole zon-
ing process again.
Mr. Davis: I would have to check that whether it is included or not, I'm not terr-
ibly sure. It is a very complicated legal description, Mrs. Gordon.
Mr. La Casa: Let me submit to you the survey.
Mrs. Gordon: The zoning application, Mr. Davis?
Mr. Davis: If you'll give me a few minutes I can check this back, Mrs. Gordon.
The survey itself which, of course, the owner submitted does not include it...
Mayor Ferre: I have a copy of the survey and the survey clearly has marked up on
the top of it something that says "Not a part".
Mrs. Gordon: The point is whether or not that part that is not has been through
the Zoning Board.
Mr. Davis: I would have to check the legal description as the way this was adver-
tised first, Mrs. Gordon. It is going to take me a few minutes.
Mr. Plummer: Well your drawings sure talk against it. ...
UNIDENTIFIED SPEAKER: But the point is the egress on U.S. 1 is through that prop-
erty, it's through the City owned property.
Mayor Ferre: Fred, let's hold off. He'll speak and then you'll speak. All right,
Mr. Valles, if you want to tell us where the egress is and then I'll recognize Mr.
Smith for...
Mr. Plummer: You know, Mr. Mayor, I'm sorry. I want to just put something on the
record. I'm going to tell you something, it disturbs me to no end that the city is
taking sides either way. You know I guess if you really wanted to technically say
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DEC 1 51977
it,every one of us sitting up here would have to dismiss ourselves of being a con-
flict of interest. Now I mean you know truthfully. But Mr. Grassie, merely what
I'm saying to you is I'm embarrassed and I hope it doesn't ever happen again. I
don't think the city should respond either negatively or positively, either way.
I just don't feel that they should and I just hope that it never happens again.
Mrs. Gordon: Mr. Fosmoen, have you ever had this knowledge that this little tri-
angle was not a part of the applicant's property?
Mr. Fosmoen: No.
Mrs. Gordon: No, it's a shame.
Mr. Valles: I'm Mr. Valles, I'm the developer, my name is Jose Valles. The tri-
angle is the one that the pencil is now pointing to, that little one there. I
want egress or ingress to the projected property, do not, do not need that little
triangle. We don't want it if you don't want to sell it to us, we don't need it.
Now if the City eventually wants to sell we definitely will take it.
Mayor Ferre: All right, Mr. Valles. Mr. Smith.
Mr. Davis: Mrs. Gordon, in answer to your question as to whether it was included...
Mayor Ferre: You're not Mr. Smith.
Mr. Smith: The whole supposition of this meeting, the whole presentation has been
a farce to the City Commission because here is a red arrow showing egress, here
is a driveway showing egress. This now, I guess the reason this was left in grass
here was because it's not owned but surely this whole presentation showing the
City of Miami land and a driveway through the City of Miami land is a total mis-
representation to the City of Miami and the citizens of Miami. ...
Mayor Ferre: Mr. Smith, you get back to your corner now. Now you get back.
All right, Mr. Valles, now it is your turn.
Mr. Davis: Mr. Mayor, in answer to Mrs. Gordon's question as to whether or not
the city owned portion of land was advertised as part of this hearing, it is in-
cluded as being advertised for part of this hearing based upon this letter from
Mr. Gunderson.
Mr. Grassie: Mr. Mayor, I think we need an obvious word of clarification here.
When departments write memorandums within their own area of responsibility you
have a lot of people who talk about what the city will do or what the city should
do depending on what their departmental responsibility is. The error in this, if
we want to characterize it that way is that what this memorandum is saying is that
the Property Manager from the point of view of disposing of city property the
Property Manager in his responsibility of dealing with city property sees no object-
ion. That is not a taking of sides on the part of the city as an official body.
As a matter of fact, the city department that has to make a recommendation in this
area not in terms of selling property but in terms of zoning, that department has
made exactly the opposite point. What I'm saying is...
Mayor Ferre: Joe, you sure could have fooled me. If I had seen that memorandum,
you know.
Mr. Grassie: Keep in mind, Mayor, this is a memorandum from the Property Manager
to Mr. Davis who is simply asking a routine question, does the Property Manager
have any objections about this from the point of view of disposing of property.
That is not a taking of sides.
Mrs. Gordon: But the Commission never made any options or gave any options for
the sale of the property. The application was based upon the inclusion of some-
thing, and even our own Director of Zoning had no knowledge that the city had an
interest in this application... Mr. Davis obviously did.
Mayor Ferre: I understand that point and I happen to agree with the premise that
you've stated here. However, I think that that even though it is something that
we can talk about at a future Commission meeting on proceedings in the future on
property owned by the city the main question remains nevertheless is how this
legally impacts, Mr. City Attorney, and whether or not it is germane or whether
it invalidates the procedings because it obviously is not in compliance with the
reality of what has been presented. Now, that in my opinion is strictly a legal
question. Now if we can proceed as presented then we proceed. If we can't pro-
ceed because we are not technically able to do so then that's the way. So you
!41 F1171g1! 1I1l14jjlApr
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DEC 151977
give us your legal determination.
Mrs. Gordon: While Mr. Knox is conferring on the legal aspects, I want to make
a not on the physical aspects of the proposition and that is that on the northern
boundary not all of the property is on Dixie Highway.
Mayor Ferre: Do you have a lawyer on your side?
UNIDENTIFIED SPEAKER: Well Dennis King is a lawyer, we're going to have one.
Mayor Ferre: Dennis King, Mr. La Casa, there is the City Attorney and I would
like for you both to talk to the bench over there and in the meantime we're going
to take a five minute recess while these lawyers confer.
Thereupon the City Commission took a brief recess.
Mayor Ferre: ... But changes it from a planning point of view. Mr. Plummer,
Mr. Reboso, Mr. Fosmoen, would you explain to the commission and to the members
of the public what you just came up and told me? Evidently the property that is
involved is not the whole triangle but the smaller triangle above Lot 12. Do you
understand what I'm saying? So therefore, the egress, what was it you told me,
Mr. Fosmoen? That the egress that is on that design is on property that they own,
is that what you said? No, you tell it.
Mr. Fosmoen: I guess there are several points that need to be made. The first
is that the small triangle that I outlined, my understanding at this point is
that that is the piece of property the city owns. Secondly, while the plans be-
fore you show an agress through Lot 11 eventually a building plan has to be devel-
oped. This isn't a final building plan. So they can simply move the egress if
that's a problem. Thirdly, that triangle can be dropped out of the petition and
will not materially affect the development. The triangle that the city owns can
be eliminated from this petition this evening if the commission wishes to act and
it will not materially affect the development. I think we're dealing with purely
a technical question.
Mayor Ferre: All right, what is fair is fair and we've got to go by, I mean you
know it is time for this commission to take a position on this and we're not go-
ing to get out of this by a little technicality, that is the essence of it. A11
right, come back from your five minute break now, Plummer, you've taken your break.
Ok, meanwhile, Mr. Knox, do you want to add anything to these deliberations at
this point after what Fosmoen said?
Mr. Knox: Except to concur with Mr. Fosmoen to the extent that if the legal de-
scription was included in the original application and the City of Miami did not
in fact apply then what will result will be the commission of a useless act.
Rev. Gibson: I didn't hear that last.
Mr. Knox: The commission of a useless act so that it would not be improper to
carve out the triangle from the consideration and deliberations at this point.
Mayor Ferre: All right, in other words what you're saying is that we can't put
this off until the January llth Meeting. All right, now it is time to resolve.
Fred, I think we left you last time about ready to swing, now I'll recognize you
to finish your statement and then I'll go back to La Casa and maybe we can get
the Commission questions.
Mr. Smith: Well I won't take any time because I know the hour is late and we've
gone through a lot but I think the important thing is all the word is proposing,
proposing, proposing and just a second ago they said well this isn't the final
plans, it could be changed here, it could be changed there which goes' back to
what we said tonight, we're not talking about putting a building up we're talking
about spot zoning that is liable to encroach on the backs, that will encroach on
the back street and will cause a precedent. He mentioned 27th Avenue, Trade Avenue
and so forth, that is this little area right down here and we all know what happend
just this side of 27th Avenue how it is just a little conglomeration. That is the
thing he's talking about, going back to the back street. From then on nothing
goes back to the back street. He says nobody will build houses on U.S. 1, they'll
only build low cost houses, nobody will build a $100,000 house. Unfortunately
he is true because now days you can hardly buy a house for $100,000, the fact of
the matter are there are 22 houses on U.S. 1 of $150,000 up through Bay Heights
and through Natoma Manors and Natoma Park. So the fact of the matter °is people
will buy, people will build.
Mayor Ferre: All right, Mr. La Casa.
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DEC 151977
Mr. La Casa: Now, going back to the question of the triangle, is not affected
the egress of the building by the....
a
Mayor Ferre: That's already been stated by Fosmoen so wind up your statement.
Mr. La Casa: Ok. So to finalize the statement what we have is a proposition for
a replica of an existing building which has been a credit to the area and to the
city from all standpoint of view;, and that means from the architectural standpoint
of view, from the beautification of the area's point of view and for the safety
of the area. We are trying to rezone a piece of property which use is consistent
with an existing pattern in the strip from 37th down to Natoma. What we are try-
ing to do here is live up to what already exists. And if we are talking about a
spot zoning the existing situation is the one that is a spot zoning in that partic-
ular strip. The houses that were built before and to which Mr. Smith referred
were built many many years ago when the traffic pattern of South Dixie Highway
and the noise pollution of South Dixie Highway was not by far what it is now. I
doubt very much that anyone build a $100,000 house in that particular spot because
the regular and normal use of that particular spot is nothing but typical of an
R-CA situation. To finalize the question of the traffic has been widely discussed.
The kind of individuals that occupy as tenants the existing buildings are profess-
ional people, professional people that give security and safety to the area. We
are not proposing a shopping center, we are not proposing retail stores. We are
proposing office buildings for architects, attorneys, medical doctors, etc. I
cannot see how this can produce any adverse effect to the area.
Mayor Ferre: Thank you very much, ladies and gentlemen for your patience and for
helping out and trying to get through this difficult task. Now we're open for
City of Miami Commission questions if any.
Mrs. Gordon: I would like Mr. Fosmoen now to elaborate on his recommendation,
please.
Mr. Fosmoen: Are you asking for the department's position, Mrs. Gordon?
Mrs. Gordon: Yes, sir. I know it is written down here but your analysis.
Mr. Fosmoen: Mr. Luft will make the presentation.
Mrs. Gordon: Thank you.
Mr. Jack Luft: In 1963 everything east of 27th Avenue was zoned R-1. There were,
in fact, as Mr. La Casa points out a number of single family homes existing with
frontage on Dixie Highway. Those homes are restricted to access to Dixie Highway.
It was in 1963 that the Commission decided that because of that restricted access
it would be necessary to create a new zone which they did and applied to that area
called R-CA. Since that time several other smaller zonings have occured. The
Grove Office Square is one of those and the exact same premise was used for that
rezoning, namely that it had access limited to Dixie Highway. There were, however,
a couple of exceptions which Mr. La Casa pointed out. Those properties on 27th
Terrace, 28th did, however, consist of unique circumstances. They were small pie
shaped parcels some 70 feet in depth with existing structures on them that were
within a few feet of Dixie Highway and it was not possible to develop the site
and avoid the problems that were created because of the shallow depth. In fact,
the department in examining this issue had to ask itself was this parcel logically
or acceptable for residential development because it does average some 1000 feet
in depth it does exist as the deepest parcel along Dixie Highway from 27th Avenue
to Miami Avenue. Therefore, we had to conclude that because it was the deepest
and because setbacks could be provided where it couldn't on some of these other
exceptions that we had to abide by the policy as established by the Master Plan
based upon the premise for its access off of Dixie Highway. Secondly, on the
issue of traffic in addition to those people who must exit the site and go north-
bound it would be true that there would be a likelihood that traffic would be
forced to turn right either at Taluga of 17th Avenue in order to make a reverse
direction and go south. Likewise, southbound traffic in the morning trying to
enter the site could not make a U-turn at Dixie Highway but would have to turn
either into 22nd Avenue into the neighborhood and make a U-turn or would have to
turn at 17th Avenue and then come in through Espanola. ... Well, they could make
the right turn on 19th and then go to 17th.
Mr. Plummer: The way the traffic signs say, if you want to go south on Dixie
then you turn right on 19th Avenue and go that route...
Mr. Luft: Ok. But the traffic in both directions could present those possibil-
ities which do concern us. The real basic issue is that there are properties
115
DEC 151977
that exist in proximity to R-CA, in proximity to commercial that would be under
the identical circumstances as posed by this property if the basis for the rezon-
ing was changed to one of simply being close to another commercial zone and simply
being close to Dixie Highway with the access consideration being abridged. So it
is for that reason and with the idea of the precedence that would be set that the
department recommended denial in this case. I would point out that there have
been several instances of new homes being built in the last couple of years on
Dixie Highway and on Federal Highway with frontage or sideyard abutments to those
major arterials.
Mayor Ferre: Next question, if any? All right, what is the will of this commis-
sion? The time has arrived, ladies and gentlemen.
Mrs. Gordon: Well, here goes a bullet. I don't have much problem with the appli-
cation from the standpoint of I liked the presentation, Mr. La Casa, you're a
very excellent attorney and you do make a very nice presentation but I have very
very strong objections to the change of zoning because it affects property on a
very residential street which is Secoffee and even though you wish to have a buf-
fer and a wall you described walls yourself in your very photographic demonstrat-
ion as being ugly, a demonstration of what they do to areas. So if you're going
to put that kind of a wall up on Secoffee you're not going to improve Secoffee in
my opinion you probably would create an uglier situation than if you didn't have
the wall. I have listened to all the pros and all the cons till I'm practically
blue in the face from them and I feel that the Zoning Board and the Planning
Department must be upheld and I would so move.
Mayor Ferre: There is a motion by Mrs. Gordon, is there a second? Is there a
second to the motion made by Commissioner Rose Gordon? For the last time, is
there a second to Mrs. Gordon's motion? Hearing none, it dies for the lack of
a second. The chair is open for a motion. ...
Mr. Plummer: Mr. Mayor, if I was sitting up here in a popularity contest I wouldn't
make the motion that I'm going to make. 0f all of the people who were opposed to
this project that called me, and they were numerous, I told them don't expect of
me but one thing and that I will vote my conscience, my conviction and what I think
is fair. I guess it is ironic that I'm making the motion because I live the clos-
est to this project and I will tell you for the record that if I were to vote self-
ishly I don't want it, I don't want it. Mr. Mayor, I was not elected by the entire
City of Miami to do what I want to do selfishly but to do fair. Mr. Mayor, Mr.
King made a statement and I have great respect for Mr. King, always have and al-
ways will: "Commissioner Plummer made a statement about Fair Isle..." and he was
exactly right, "it's been that way for 20 years and don't change it." There was
a reason for that statement. The reason for that statement was very simply that
it was doable as it was but there is no question in my mind that it is not doable
on this piece of property. Now there are mixed opinions but I am going to tell
you as one there is no way, no way that I would build a home for my wife and child-
ren on that piece of property, no way. Now, another thing is in my mind and that
is even though this has been disputed by a number of the people I've sat here for
eight years and I've seen court decisions and there is no question in my mind that
when you totally remove the politics from this issue that it would win, it would
prevail because I have seen day in and day out where there is the zoning to the
left of this piece of property and to the right of this piece of property the courts
have ruled that you cannot spot zone in reverse. The only thing that gives me
hesitation about making a motion to approve is one thing, Mr. Knox, you're going to
have to help me out. That is as far as I'm concerned what has been presented, it's
not a building plan, let's not kid ourselves in no way shape or form. I need assur-
ances that that, in fact, is what will be built, no more than what is in the other
existing building and no higher because I've rode over this area a number of times
since the last hearing and I'm going to tell you something. Even though I've al-
ready said that I personally don't want that if I had my selfishly I'm going to
tell you it is a nice looking building, a hell of a lot nicer than that wall. It
is well kept and I will also tell you that at no time did I see less than adequate
parking in the building existing. All I can say to you, Mr. Mayor, I wish I didn't
have to make this motion, an awful lot of my friends are sitting out there that are
in opposition to this but Mr. Mayor, I have to walk out this door feeling what I
did was fair and in my estimation it is fair that this property should be the full
continuation of the R-CA as it exists right down the line. Mr. Knox, if you can
give me the assurances that, in fact, what is built to the east is no more than
what will be built there now and that the five foot buffer will remain, the land-
scaping and the wall must be put into place, I am then ready to offer a motion to
approve. If that cannot be done I will not offer the motion.
Mrs. Gordon: J. L., can I remind you about the corner of 17th Avenue and Dixie
Highway, a brand new house went up only about two years ago, it is a very darling
little house, it is well kept and it is a busy, busy, busy corner, probably busier
than 22nd and it hasn't hurt, you know I can remember when the owner of that
rePnIPM/V4*i9Rpsip",IPlgNVITIgrihrpi !I IIT,,IT1
116
DEC 1.51977
property wanted a gas station there. You know that wasn't granted either.
Mr. Plummer: I'm glad you brought that up,
Mrs. Gordon: Yes, I mean it is not an impossibility, I live on a highway, I
wouldn't no more think of having just because I live on a highway to have to have
an office building instead of a house. I have as much traffic I believe as Dixie
Highway has at certain times of the day, Bayshore Drive is pretty heavily traveled
and I live only 25 feet from the street. So I mean you can build nice houses
there and live comfortably there and it is not311 impossibility and it's a pract-
ical approach and you know it is just probably much more feasible than what this
plan is.
Mr. Plummer: Rose, I'm not going to sit here and have a debate with you because
you have... Rose, the reason the five of us are elected is because we have hope-
fully five independent, diverse, not necessarily diverse but five independent
thinkings. Rose, when that Master Plan of Coconut Grove was proposed before this
commission I couldn't have been happier. You know why? That intersection you're
talking about which today is almost a second to coffin corner because of its geo-
graphical situation was proposed to be closed. Ok?
Mrs. Gordon: What corner?
Mr. Plummer: Right there at the corner of 17th and Dixie which leads into my
neighborhood - proposed to be closed. All right? But you know what, it inconven-
ienced some people and the next thing I knew - Whamo! That was stricken from the
Master Plan. What I'm really saying, Rose, is we have always said a Master Plan
is not etched in concrete.
Mrs. Gordon: No, but I want to remind you about Bay Heights. You can't go home
at Bay Heights before 6 because people don't want other people riding through their
neighborhood and here is another case where you're going to have people riding
through your neighborhood. That's a fact and you know it, J. L., because you've
got stop signs on four streets and you haven't even got four intersections. I
mean I'm not saying it to be funny because I happen to like you very much but you
know I'm just telling the truth, that's all.
Mr. Plummer: Rose, the only reason I have that problem is because no one will
follow the recommendations of the experts and that's four lane Bayshore Drive.
Mayor Ferre: All I can say is hallelujah we're getting...
Mrs. Gordon: Well that's because we don't want U.S.2, that's why.
Mayor Ferre: We've been at it for 131 hours and this is the first time I have
ever heard an emotional outburst of this nature and Rose, I think a new day is
arriving in the City of Miami and very happy for all of us. Congratulations.
UNIDENTIFIED SPEAKER: Mr. Knox, I object to what has been furnished to Mr. Knox.
I have not seen it and I don't know what they are considering in the deliberations
of the City Attorney at this time.
Mr. Plummer: What are you talking about, Mr. King?
Mr. King: Mr. La Casa presented Mr. Knox with some document and I'm not sure...
Mr. Plummer: Don't feel bad, I haven't seen it either.
Mr. King: Well, I would like to know what the basis is if that's part of the opin-
ion that he renders because I also have objection to the motion because I don't
think it is legal and the legal argument that I would make is that we are here on
a change of zoning to R-CA, this is not an PUD, a PUN, a PAD or anything that
binds the applicant to anything. This is an application for a change of zoning.
Mayor Ferre: Only if he volunteers, isn't that right?
Mr. La Casa: Mr. Mayor, what I presented to Mr. Knox....
Mayor Ferre: ... That stip and that wall?
Mr. La Casa: A voluntary restrictive convenant, this is our first hearing so what
I am proposing is that if this is approved I propose this voluntary restrictive
covenant that will be included in the application and fully executed by the second
hearing so you won't have the kind of situation by the second hearing so that is
what I suggested to Mr. Knox.
i11111i11I !!!A!
117
DEC 151977
0,s4
Mr. King: This isn't the first hearing, we had a hearing before the Zoning
Board, we've had opportunity to examine...
Mr. Plummer: He means second reading, it's 30 days.
Mr. King: I don't know how we can expect to argue or present evidence contrary
to something we haven't even seen yet and is being presented to this commission
and the City Attorney for the first time.
Mr. Plummer: I agree with you.
Mr. Knox: Well I can indicate that whatever it was that was presented was not
presented to pursuade any response to your question, Mr. Plummer.
Mr. Plummer: Well Mr. Knox, I've not seen it. Ok? All I'm saying to you is
that this is, you know whether or not it is legal it is in my mind binding. Now
all I'm saying is this is not executed.
Mrs. Gordon: Who owns 10, 11 and 12? Somebody did that was speaking in favor of
this application tonight. Well, you know what worries me? Tom, I'm sorry, you
know we work in the scouts but one thing has nothing to do with the other. I'm
going to tell you what worries me. If that green piece were connected with what
is yellow you've got a fantastic large piece of R-CA and that might not be incred-
ible to assume might happen if, in fact, this piece that we're considering is
granted. It's a fact.
Mr. Plummer: Hey, I'm not arguing the point, let me only speak for J. L. and
J. L. will tell you that 13, 11, 12 and eastward does not in my estimation in any
way present the same set of circumstances that this piece of property does. 13,
12 and eastward do not abut Dixie Highway.
Mrs. Gordon: But they abut the commercial property, honey, on both sides.
Mr. Plummer: Rose, that's you know that's very obvious from the picture but what
I'm saying to you, it does not abut Dixie. Yes, Rose, I'll tell you right now I
would build a home on 13, 12 or 11 - yes I would.
Mrs. Gordon: J. L., what I'm trying to tell you is for some future commission
beyond us, you know we're not here forever, could look at that map and say to what
future applicant might come along that that's a logical extension because it abuts
north and it abuts west commercial zoning and that could happen you know.
Mr. Plummer: Rose, that same argument could be used right now further west on
Dixie Highway. That same argument could be used that it is a natural conclusion.
Rose, look, I've sat here for eight years. I've learned one thing: Any person
who owns a piece of property has the right to come before this commission and re-
quest anything.
Mayor Ferre: All right, Mr. Plummer, I want to tell you something. My wife and
children all left for Vermont today so I don't have to get home and I'm going to
stay here, I don't care if I stay until two or three in the morning, I'm not going
to get anybody angry with me but that may not be necessarily true of you and I
would recommend that you either fish or cut bait, make your motion, don't make your
motion but let's get on.
Mr. Plummer: Mr. Knox, if this document is executed is it binding?
Mr. Knox: All right, now the document to which you refer is the document which
has been, call it a restrictive covenant running with the land. For the record I
will make three observations in response to your earlier question. First observat-
ion is that an individual or a property owner may do anything on that'property which
is contemplated in the zoning scheme on which they operate so that if a zoning
change is granted then they are entitled to make whatever use of the property that
that zoning classification contemplates. The second observation is that the City
Commission is precluded from eliciting promises as a condition precedent to the
granting of zoning variances or changes in zoning. The third observation is that
the courts of the State of Florida have indicated that they would announce any rule
of law which would be designed to prevent the offer of some voluntary binding coven-
ant which is designed to benefit the public and whatever restrictions are imposed
upon the use of the property in this particular zoning scheme would have to be
voluntarily proffered and if it were proffered in the form of a covenant which be-
comes a part of the public records of Dade County then the representations contained
in that covenant would be binding as running with the land.
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DEC 151977
Mr. Plummer: What did you say?
Mayor Ferre: What he said is you cannot impose any covenants and you cannot solicit
them. Now if in his presentation he volunteered those things then that is some-
thing that can be included by covenant. It has to be a voluntary thing on his
part.
Mr. Plummer: That's clear.
Mrs. Gordon: Mr. Fosmoen, may I ask you a question, please? In your deliberations
pertaining to this application since it looks like what's happening isn't in line
with what you are recommending nor I, have you ever considered drawing that line
straight across, the line that is the southerly line on the map that way across
and only changing the Dixie Highway frontage, thereby not encroaching into Secoffee?
Mr. Fosmoen: You mean like the sketch I just handed the City Manager?
Mrs. Gordon: Oh, I'm sorry, I didn't know what you were talking to him.
Mayor Ferre: Great minds work in the same vein.
Mr. Fosmoen: I think that there is an alternative if this City Commission is
concerned about the commercial development on U.S. 1 or the inability to get resi-
dential development on U.S. 1 and that is to draw the line straight across leaving
R-1 zoning on Secoffee and R-CA zoning on Dixie Highway. It is simply extending
the line.
Mrs. Gordon: That's what I wanted to know. Had you considered that in your deliber-
ations in your department?
Mr. Fosmoen: I would view that as a reasonable alternative to rezoning the entire
parcel R-CA and I've asked the City Attorney....
Mrs. Gordon: To that? I would so move you that portion only be the portion then
that receive a change of zoning, that, therefore, would protect the residential
character that we are all concerned with on the south end. There is ample room
there for a development.
Rev. Gibson: Mr. Mayor and members of the Commission, ....
Mr. Plummer: Mr. Mayor, for a technicality...
Mayor Ferre: Father Gibson has the....
Mr. Plummer: No, he doesn't. You're both out of order. For the technicality,I
withdraw my motion so Father can speak. ....
Mayor Ferre: In the first place you never made a motion, remember?
Mrs. Gordon: No, you were just talking, I made the motion.
Mr. Plummer: I apologize, I stand corrected.
Rev. Gibson: Mr. Mayor and members of the commission, I know this would not set
well with any of us but I think it has some degree of fairness. I sat here and
just couldn't reconcile myself to the fact that there was a letter from the depart-
ment that we were not knowledgeable of nor were the people who are here protesting,
that's (1). (2) I find myself hard pressed to have a document offered here a few
minutes ago that I have not seen, that the attorney is interpreting and whether
you like it or not I'm not an attorney he is but at least I think I could read
and write and I think that I ought to be given the opportunity to see what the
restrictions are. And Thirdly, the fact that I heard from some of the people that
they would not be opposed to that line being drawn straight across tells me that
maybe, I don't know this I don't know how you could do this that a motion will,
should be offered to send this thing back and hopefully there can be a meeting of
the minds and now that everybody knows that that letter has been written (1) and
(2) that everybody will be furnished with a copy of that document so everybody
will know what the other person knows and then thirdly that the association indi-
cated a willingness to go along if that line were drawn straight across seems to
me reasonable to postpone and have these people go back and think and rething
their position. That's a motion.
Mrs. Gordon: Do you want that instead of the motion I made?
119
DEC 151977
Rev. Gibson: Yes, I just don't think it is fairness to the people...
Mrs. Gordon: Well, if you don't want to second my motion I'll second your•'s.
Mx. Reboso: Let me ask this...
Mr. Grassie: Is there some alternative, Mr. Mayor?
Mayor Ferre: Yes, there is an alternative, there are always alternatives.
Mr. Reboso: Rose, can you repeat your motion again?
Mrs. Gordon: That was mine or Father Gibson's?
Mr. Reboso: Your's.
Mayor Ferre: Mrs. Gordon, excuse me. You can if you want withdraw your second
motion if you wish but at the present time there is a motion and a second.
Mrs. Gordon: For information only, Mr. Mayor, I'm furnishing Mr. Reboso with
what I said that wasn't seconded. Ok? The southerly, you know the straight line
above the green two lots there, see, drawing that straight across gives a trian-
gular shaped lot on Dixie Highway which would make a fairly decent development
site and it would also provide a few very nice residential lots on the Secoffee
side which would be compatible with the area, it would really protect the integr-
ity of the area and it would do no drastic harm in my opinion to Dixie Highway.
So I don't see it as being a detrimental change of zoning. My real objection to
this was coming into Secoffee. Now if we can handle it this way I would move it
tonight, I don't think we have to send it back to anybody.
Mr. Reboso: Well, I would be willing to second that motion.
Mrs. Gordon: All right, then I withdraw my motion to Father Gibson's motion and
I make the other motion.
Mayor Ferre: Now, now, now, wait a moment. Now I remember my parliamentry proced-
ures. Now Father Gibson has a motion on the floor which she seconded and withdrew.
Now his motion is still on the floor for a second. Is there a second? Hearing
none it dies for lack of a second. Mrs. Gordon.
Mrs. Gordon: I make a motion that the approval for the R-CA zoning be permitted
to the property north of the line, I'm going to make another thing after that, I
think the city ought to contribute that little triangle for a fee to the developer
because I don't think you really need a little piece missing there, it doesn't
make sense to us and it would help you to make a nicer development.
Mayor Ferre: We could name it the Rose Gordon Park.
Mrs. Gordon: No thank you, but I do believe that the city should take the proper
procedures to make that available to the developer but at any rate that is the
motion that Mr. Reboso seconded.
Mr. Reboso: Mr. Mayor, I second the motion for the reason that I want to have it
very clearly in the record that under no circumstance can I vote for the encroach-
ment of Secoffee. We are like Mr. Smith said at the beginning setting a precedent
in many many more properties but even though I promised myself I was not going to
violate any more the Master Plan in any shape or form in Coconut Grove I don't
see any harm in rezoning the north part of that lot so I second the motion.
Mayor Ferre: Without any further discussion I will call the role on the motion.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 77-962
A MOTION TO APPLY RCA ZONING TO THE NORTHERLY PORTION OF
LOTS 11-18 LESS THE SOUTH 149.9 FEET OF BLOCK E, BISCAYNE
PARK TERRACE 2-36.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote- AYES: Commissioner Gibson, Commissioner Reboso,
Commissioner Gordon and Commissioner Plummer. NOES: Mayor Ferre.
120
DEC 151977
ON ROLL CALL:
Mr. Plummer: Well, let me stop and think for a minute, I'm sorry. Mr.
Mayor, I'm going to tell you something I didn't rush into this thing tonight, it
was a damned hard motion that I made before and I want to tell you something I
didn't live easily with it.
Mayor Ferre: Hey listen, I want to tell you something. This man has a lot
of courage and you've got to respect him for standing up. Now you may not agree
with him but I want to tell you after five years of watching him not once have I
had even a suspicion that he was doing anything but what his conscience dictated.
So with all due respects to all of you. Now that I've finally, this is the first
time I've said something nice about him in about eight months.
Mrs. Gordon: J. L., can you stand it, I said something real nice too tonight?
Mayor Ferre: Now hurry up and do your thirty seconds of thinking and let's
go.
Mr. Plummer: Let me think out'loud, Mr. Mayor, so everybody will know where
I'm coming from and the way I'm making my decision. My concern, Mr. Mayor, before
was that the continuation that it was fair that it would be to the left commercial
and to the right commercial. This would alleviate that problem, that I would not
build a house that faced back onto Dixie Highway with the exception of 18 and may-
be 17 that is the case here. This, in fact, does change the Master Plan but I
said the Master Plan is not etched in stone. Now my only question is this: Mr.
Fosmoen, realistically if I vote or if the motion prevails is it a realistic build-
ing site?
Mr. Fosmoen: It's 54,000 square feet, sir.
Mr. Plummer: What is the other site, the existing building?
Mr. Fosmoen: Perhaps the owner can answer, I don't know.
Mrs. Gordon: That's over an acre, J. L., that's an acre and a quarter.
Mr. Davis: One hundred and seven thousand.
Mr. Plummer: Just about double.
Mr. Fosmoen: But, I would point out, Commissioner, that the properties south
along Dixie are developed as office on considerably smaller parcels...
Mr. Plummer: Well I understand that but I don't want the man to have the opportun-
ity to go in there and put something ugly either, that bothers me.
Mayor Ferre: Let me ask a legal question, Mr. Plummer. Since we have a motion on
the floor I need to ask the attorney for the owner of the property, are you the
attorney for the buyer or the owner? You represent the people who own.... Now,
Mr. Knox, can we rezone this like this on our own even if the owner doesn't want
it rezoned that way?
Mr. Davis: You can rezone any portion of that petition which is before you.
Mrs. Gordon: You can't enlarge on it though.
Mr. Plummer: You can give less.
Mayor Ferre: Ok, you've answered my question.
Mr. Plummer: Ok, Mr. Mayor, I'm ready to cast my vote. I vote in favor of the
motion.
Rev. Gibson: Mr. mayor, I see the people who were objecting and shaking their
heads and I offered to postpone and go back and do it over and I assume this is a
compromise, is that what you're telling me? In view of the fact that this is what
you're telling me I'm going to vote for it.
Mayor Ferre: I vote no. The motion passed 4 to 1. Thank you very much, ladies
and gentlemen.
Mrs. Gordon: I want to ask the manager if he wants it in the form of a motion
that if the developer wishes to purchase that little triangle, do you need a motion
from this commission permitting you to negotiate on it?
121
DEC 151977
Mr. Grassie: Normally the disposal of small pieces of property of that type
that have no value to the city are just handled routinely.
Mrs. Gordon: Ok, then I so move that you...
Mr. Grassie: We'll do that.
Mr. La Casa: Mrs. Gordon, Mrs. Rose Gordon.
Rev. Gibson: Why wouldn't you just give it to them, nobody else could do hothing
with it.
Mrs. Gordon: Negotiate, be it a dollar or whatever.
81, BRIEF DISCUSSION: PUBLIC HEARING TO CONSIDER RESULTS OF TEST PERIOD
ONE-WAY OPERATION FLORIDA AVENUE. (TEMPORARY DEFERRAL)
Mayor Ferre: Elizabeth Bettner moves that Item 5 be deferred to the next meeting.
Does anybody object to Item 5? Item 5 concerns Matilda Street and McDonald Street.
Does anybody object since it is 10:38 for Item 5 to be deferred? Hearing and see-
ing nobody J. L. Plummer moves and Rose Gordon seconds that Item 5, a Public Hear-
ing...
UNIDENTIFIED SPEAKER: I object.
Mayor Ferre: You object to it being deferred. Elizabeth, you go talk with him
and you convince him. We will now take up Item 2.
82, FIRST READING ORDIN JCE: CHANGE OF ZONING IN AREA GENERALLY BOUNDED BY
TIGER TAIL AVE., NATOMA ST., SECOFFEE ST.) AND AMATHLA ST. (REFER CERTAIN
PORTIONS OF IT BACK TO PLANNING ADVISORY BOARD FOR FURTHER STUDY).
Mrs. Gordon: ... The R-117 is related to this same area and T believe that we
ought to dispose of it. Mr. Fosmoen, will you speak to the Planning Board's and
your recommendation?
Mr. Fosmoen: Some months ago the City Commission directed the staff to undertake
an analysis of generally the same area from 22nd north to consider a rezoning from
R-1 to P.-1B. We looked at the area, we made a recommendation to the Planning
Advisory Board that the area be rezoned except the 22nd Avenue frontage. A Public
Hearing was held on the area that had been petitioned for rezoning excepting 22nd
Avenue frontage which we felt should remain as R-1. The recommendation from the
Planning Advisory Board and the staff is that the area be rezoned R-1B.
Mrs. Gordon: The recommendation was to the line but not that property that fronts
on 22nd Avenue?
Mr. Fosmoen: That's correct.
Mrs. Gordon: Ok. And that was the recommendation of your department and that
was what the Planning Advisory Board advised.
Mr. Davis: The Planning Advisory Board did consider a motion to extend that zon-
ing to the property facing 22nd Avenue but the motion was denied.
Mrs. Gordon: There was a motion but it was defeated?
Mr. Davis: Yes, ma'am.
Mrs. Gordon: Ok. Is there anyone here that wants to speak to this item?
UNIDENTIFIED SPEAKER: Yes, Mrs. Gordon.
Mrs. Gordon: All right, your name.
Mr. Rick Zellman: My name is Rick Zellman, I am an attorney. I reside at 3965
Crawford Avenue in Coconut Grove and I know Coconut Grove well. It has been a
long day for all of us. As many of you know I have been here for a substantial
part of the day and I started at 8:30 this morning also. I will attempt to keep
many of my remarks brief but I do have a number of comments that I would like to
make on this specific point. I represent a majority of owners of the lots poss-
ibly affected on the east side of 22 Avenue. Now I have not been here before on
this matter but I have studied this matter extensively and I have a number of
points I would like to make primarily in support of Mr. Fosmoen's position. On
November 16th the Planning Advisory Board held a lengthy public hearing related
122
DEC 151977
to the petition of certain area residents for a zoning change from R-1 to R-1B
for certain properties bound by Tigertail and 22nd Avenues and Secoffee and Natoma
Streets. Prior to the hearing your Planning Department studied the matter exten-
sively for many months and recommended approval of the petition to the Planning
Advisory Board while specifically recommending that the parcels abutting 22nd
Avenue be excluded from the zoning change. The area recommended for exclusion
from any zoning change by the Planning Department includes those properties abutt-
ing 22nd Avenue. As Dennis King said earlier, please accept and support the Plann-
ing Department and their expertise. At the conclusion of the hearings your Plann-
ing Advisory Board specifically concurred with the recommendations to the Planning
Department and voted that while certain parcels in the neighborhood should be re-
zoned R-1B, the parcels abutting 22nd Avenue should be excluded from such rezoning.
During the course of the November 16th Planning Advisory Board hearing a number
of points were made and I'd like to mention them to you in case you haven't had an
opportunity to read that report, it is a very lengthy report. I'll attempt to be
brief. The City Planning Department drew the boundaries of the proposed R-1B zon-
ing in a fashion they believe will best preserve the nature of the properties to
the east while recognizing the different nature and condition the properties immed-
iately facing 22nd Avenue. 22nd Avenue is a major traffic artery. It is a heav-
ily trafficed street. Therefore, it is impractical to build homes on large lots
immediately facing 22nd Avenue. In fact, the city has already appropriated the
west 12.5 feet of these properties in anticipation of the necessary widening of
22nd Avenue to handle this steadily increasing traffic flow. Ultimately it is an-
ticipated that 22nd Avenue will serve as the major traffic link between two major
rapid transit stations. There is a good practical reason to differentiate the
properties facing Emathla Street from those facing 22nd Avenue in as much as Emathla
Street we all know is a pleasant pedestrian street and we all know that 22nd Aven-
ue is not. Further, the presently permitted density for those properties abutting
22nd Avenue would not, I repeat would not adversely affect the neighborhood char-
acter of those properties to the east. Next it is eminently demonstrable that it
is economically unfeasible to build single family homes on 10,000 square foot lots
facing 22nd Avenue. But there is something else, since 125 square feet of these
20,000 square foot lots has already been taken extension of R-1B even if it were
lawful to these sites will mean one unit per 18,750 square feet on 22nd Avenue and
this is patently absurd giver: the arterial nature of 22nd Avenue. A large major-
ity of the owners of the lots on the east side of 22nd Avenue vigorously oppose
the extension of R-1B zoning to their property. They believe it would be absolute-
ly unconscionable to roll back the zoning on their properties because other people
demanded as Fred Stanton Smith said, they bought it as R-1, they want to keep it
as R-1. As Dennis King says, it has been R-1 for 20 years, please don't take it
away. I represent a substantial number of the people that own property on the
east side of 22nd and I'm asking you please do not take it away from them. Further
I believe that extension of R-1B zoning to 22nd Avenue might well be construed as
unjustified and unreasonable by virtue of the reasons I've been discussing herein.
The parcels immediately opposite those on the east side of 22nd Avenue as we know
are all platted into 100 by 25 foot lots allowing for a zoning density of one unit
per 2,500 square feet. We know this density is far greater than the density allow-
ed under the existing zoning of those properties on the east side of 22nd Avenue
which such density is one unit per 6,000 square feet. Therefore, the owners of
the properties on the east side of 22nd Avenue and the City Planning Department
believe that the density allowed under the present R-1 zoning along 22nd Avenue
is an appropriate median between the high density permitted to the west...
Mayor Ferre: If you will excuse me, counselor, there is an interruption for justi-
fiable cause here so let's see what it is.
Mr. Fosmoen: The gentleman, I appreciate the gentleman's concern but the points
he's making are not to the issue before the commission. The commission could not
act on 22nd Avenue rezoning tonight if you wanted to. It has not been subject to
a public hearing before the Zoning Board.
Mr. Zillman: I will summarize and conclude. Please understand the owners of the
property on the east side of 22nd Avenue support, support the Planning Department
and the Planning Advisory Boards' drawings of the boundaries of the proposed R-1B
zoning. They merely had asked me to come to speak to you to beg you not to roll
back the zoning on their existing property for the reasons I have outlined and
have been outlined in the Planning Advisory Board.
Mrs. Gordon: We understand and couldn't anyway, we've just been told, it hasn't
been the subject of a public hearing.
Mr. Zillman: Thank you very much.
123 DEC 151977
Mayor Ferre: All right thank you, does anybody else want to be heard on this
item? Raise your hands. Oh, no. Can't you just - one, two or three of you can
speak for the rest can't we? And if they don't say what you want to say then
I'll let you talk.
Mr. Plummer: Mr. Mayor, that's what I was going to say. Dennis King is an elo-
quent speaker, may I suggest Mr. King go first and if he doesn't cover your point
then you come up.
Mayor Ferre: Wait a minute, is anyone in opposition here? Is there anybody who
is opposed? Do we know what we're talking about here? All right. There is be-
fore us on First Reading an ordinance from the Planning Department changing the
zoning of area generally bounded by Tigertail, Natoma, Secoffee and Emathla Street.
Is anybody opposed? You're opposed to that and you're opposed to that as drawn.
I would like to recognize just the people that are opposed. You're not opposed.
Mr. King: I don't think the question is stated precisely that way or is amenable
to being stated that way, Mr. Mayor. I think the position before this commission
tonight is a lot broader than the bare issue presented by the motion and you really
can't state that we're pro or con. I appreciate the effort but it is a complicated
situation and I'd like to speak to it if I could.
Mayor Ferre: Go ahead, Mr. King. Mr. King, how many minutes do you think you'll
need?
Mr. King: I think I can get through in five minutes, maybe six.
Mr. Zillman: Mr. Mayor, may I point out something? Mr. Mayor, we were just ad-
dressing this issue and we were asked by Commissioner Gordon to, in fact, drop it
and cut our presentation short because this was not the issue. This is not before
the commission this evening.
UNIDENTIFIED SPEAKER: To answer that comment I think....
Mr. King: He can rebut me and I'd like to proceed at this point.
UNIDENTIFIED SPEAKER: Well I think it is appropriate that there are no objectors
to the boundary lines as submitted. I think that Mrs. Gordon raised the point
that there is no change that can be made.
Mrs. Gordon: The only thing this commission could do would be to refer the extens-
ion to the Planning Department for a public hearing and possible recommendation.
UNIDENTIFIED SPEAKER: That's what you did on November loth, Rose.
Mrs. Gordon: For the extension. Well, of course, but they could always send it
back again you know. It depends you know. It's not saying we would but I'm just
saying we could.
UNIDENTIFIED SPEAKER: But, of course, you recognize that you sent it back on Novem-
ber loth, there was a hearing held with the PAB on November 16th and now it's here.
Mayor Ferre: Mr. Fosmoen, you've heard now a couple of statements that are contra-
dictory in nature and I want that opinion on this.
Mr. Fosmoen: Mr. Mayor, I think that the objections are that the district for
R-1B is not large enough. I believe that those are the objections that you will
here. We studied the request, the Planning Advisory Board heard at a workshop our
recommendation that we not rezone 22nd R-1B, we rezone the remainder of the area
under consideration. We held a public hearing on that issue, they recommended re-
zoning the area on the map to R-1B, there was a motion to send back to the Planning
Department for study the area on 22nd Avenue for R-1B rezoning. That motion was
rejected by the Planning Advisory Board. The issue before you this evening is the
rezoning of the area "X"'d on the map to R-1B.
Mayor Ferre: Ok. Then based on that I will limit all the discussion to strictly
that which is....
Mrs. Gordon: Only one more question to Mr. Fosmoen. Was there in any advertise-
ments that were made an inclusion of that property?
Mr. Fosmoen: No, they were not. At the workshop we indicated our position to the
Planning Advisory Board.
124
DEC 151977
Mayor Ferre: Is tht all right?
Mrs. Gordon: Well, you can't do it if it wasn't advertised and it wasn't public-
ly heard you can't do it.
Mayor Ferre: Ok, now you want to be heard on this?
Mr. King: Yes, sir. I would make a point of order, however, to Mr. Fosmoen's
statement. I believe the whole study had its genesis in a unanimous motion by
this commission directing the Planning Department to reconsider the zoning from
22nd Avenue east and that being the inception of the whole procedure. I would
submit that the consideration of 22nd Avenue is relevant.
Mr. Zillman: I would submit that Mr. King is out of order in reference to what
Mr. Fosmoen's comments are and I direct you if you have any questions on that
point directly to the City Attorney.
Mayor Ferre: I've already said that. What else have you got to say, counsel?
Mr. King: I haven't started yet. We've got to get the rules before we begin.
Mayor Ferre: Well I thought I had done that.
Mr. King: This study arose out of a situtation on 22nd Avenue so it is kind of
hard to not discuss 22nd Avenue and the motion and the impetus of the commission
came out of it. The situation was that a PUD was proposed on 22nd Avenue and dur-
ing that debate and discussion considerable consternation came up about the fact...
Mayor Ferre: I don't mean to get into a debate with you but I think you're beginn-
ing to talk about 22nd Avenue and I'm afraid that Mr. Fosmoen has stated and I have
ruled as chairman that that is not before us tonight and furthermore Mr. Fosmoen
has also stated that this matter came before the board and they voted down the
issue of restudying that, is that correct? So I don't know what you, how far are
you going to go on this now?
Mr. King: Well, let me proceed to what is covered by the Planning Department's
motion. The problem is that the residents in this area which is as I stated in
the previous presentation a very unique area. We're concerned about a Hobson's
choice we're continually presented with in a succession of these hearings which is
you must accept or you should accept a PUD which is in essence a subdivision or a
planned unit nature when presented to you in this area because under the existing
R-1 zoning the developer could legally subdivide each of these lots into four lots.
Now this was a source of great consternation because we had all moved into this
area in reliance on the fact that the lots were single family, single lots from
22nd Avenue east including Emathla Street, Seminole, Secoffee and generally bound-
ed by this area.
Mr. Zillman: Mr. Mayor, a PUD has nothing to do with this discussion.
Mr. Plummer: He Dennis, how long are you going to take? A minute? Let's just
get it over with, it's technicalities it's not going to change a vote up here,
let's just do it and get it over with.
Mr. Zillman: Now we're in a position here where really R-1B is not enough. There
is no provision in the City of Miami ordinance which will protect the existing
nature of this property. As evidenced by Item 52 on the agenda, even the R-1B as
interpreted by the Planning Department will permit subdivision as to corners within
the district as proposed and I think there is unanimous objection to this. There-
fore, it is my position and I would ask that this commission defer replatting
within the entire area pending further study and resolution of whether (a) we can
amend R-1B to prevent this and (b) include the property on 22nd Avenue. Now that's
our position.
Mr. Zillman: Mr. Mayor, may I please make a response?
Mayor Ferre: If you must. I'm going to put a timer on you too.
Mr. Zillman: Ok, very good.
Mayor Ferre: Are you finished, Mr. King?
Mr. King: I'd like to rebut Mr...
Mayor Ferre: No, we're not going to get into....
liutiltolgRlitlxvIl tin' Rlf RlIIPIIIII9TII'III'II'III gIIII m I IIIRII9RI I IR II'II!IIlIII
1.25
DEC 151977
Mrs. Gordon: I have a question to ask of Mr. King, may I please because it is
pertinent to the whole thing? Do you own any property on 22nd Avenue?
Mr. King: I am across the street on Emathla, all my neighbors...
Mrs. Gordon: No, I need to know who owns property on 22nd Avenue who want to have
it rezoned to R-1B because I have been informed by Mr. Fosmoen that if the commis-
sion initiates this zoning then it goes to the Planning Advisory Board for recom-
mendation and back to us but if a property owner initiates the zoning and, of
course pays the fee then it goes to the Zoning Appeals Board and that is another
board who might have a different view point and that's the reason I ask the quest-
ion.
Mr. Zillman: Rose, I have a petition from eleven property owners on the east side
opposing the extension of the R-1B to answer your question.
Mr. King: I would ask that Mr. Zillman submit that petition and I would also like
to counter with the signatures and the petitions of the vast majority of property
owners on 22nd Avenue who wished to be included. I would ask to make this of rec-
ord at this time.
Mr. Zillman: Mr. Mayor, I represent seven property owners on the east side of 22
Avenue, seven of eleven which is a majority that do not want to be included in any
of this. Now we've come up and we said sure, we'll support the Planning Department,
we'll support the Planning Advisory Board and I ask you to cut this off, have a
vote and give R-1B to the area that is recommended.
Mayor Ferre: Five minutes are up, who is the next speaker?
Mr. Ted Kraft: My name is Ted Kraft, I live at 2230 S.W. 28th Street.
Mayor Ferre: How many minutes do you need?
Mr. Kraft: About 45 seconds, Mr. Mayor. I have been following this thing involv-
ing 22nd Avenue with great interest for some time. I'm one of the dominoes that
are down the road. When this matter of rezoning this area first came up it was
to include the east side of 22nd Avenue and I am terribly disappointed with what
is before you tonight and simply opposed any rezoning that does not include that
part of 22nd Avenue. Thank you.
Mayor Ferre: All right, next speaker. Doctor.
Dr. Michael Rose: Dr. Rose, I'll need half a minute. I want to make clarificat-
ion to the Commissioners. It was stated that the Planning Advisory Board looked
at the property that we wanted, it was wanted to be changed to R-CA today and
denied it but now there is a new aspect to it, now there are two properties.
There's the property that we now changed to R-CA and there's a new property, there's
the R-1 below that. Now the zoning, Commissioners, the object of this point of
making that small area from R-1 to R-1B that was not done, it was not denied...
Mr. Plummer: Can I ask a question, Mr. Mayor? Mr. Fosmoen, those properties that
are, well it is obvious on the west side, but on the east side of 22 Avenue are
those properties as platted in excess of 10,000 feet?
Mr. Fosmoen: Yes, they're 20,000 foot lots and I think there's 15 feet off the
front of them.
Mr. Plummer: 0n the east side of 22 Avenue?
Mr. Fosmoen: Yes.
Mr. Plummer: It would not really affect them as much. Now on the west side those
lots are...
Mr. Fosmoen: 25 foot lots.
Mr. Plummer: So they're under 10,000?
Mr. Fosmoen: Considerably.
Mr. Plummer: So if a man owned one parcel of land he couldn't put a house on it
if you rezoned it R-1B.
126
DEC 151977
Mr. Fosmoen: Well, if it is already platted he can, it's grandfathered in act
ually.
Mr. Zillman: Mr. Mayor, I've really attempted to...
Mr. Plummer: May I finish?
Mr. Zillman: Sorry, sir.
Mr. Plummer: Thank you. If his house burned down he then couldn't build back on
his house, is that correct?
Mr. Fosmoen: Yes, if it's platted.
Mr. Plummer: Oh, ok.
Mr. Zillman: Mr. Mayor, I began my remarks and I attempted to be very defferent-
ial and I cut myself short at the request of Mrs. Gordon because she said well
it's out of order to consider this anyway. Well, we seem to be beginning to con-
sider something which Mrs. Gordon said was out of order before, I don't understand
it.
Mrs. Gordon: I didn't rule it out of order I just said that we really couldn't
make a decision on it tonight, it is impossible.
Mayor Ferre: I've already told you four times. What, you need me to tell you
the fifth time? You've heard me say the statement over and over, now what is it
you want me to do now? Why don't you sit down and calm down. We're going to get
on with this thing. Who is the next speaker and let's go.
Mr. Tom Shipton: I want that other map up there, the one that shows this other
deal, the colored map, put that up there please. You know everyone is kicking
my back yard around, I'm the guy that's living here now. I'll show you where I
live. Everybody is saying that they're going to do this and that, these guys
don't live in the neighborhood. He doesn't have any majority, I live on that side
of the street, there are only 11 lots, 2 of them are owned by one person, 2 by
another....
Mayor Ferre: Wait, why don't you start by telling us your name and where you live.
Mr. Shipton: Tom Shipton and I live on Lot 18. If you lose me as a buffer you've
lost Secoffee. Do you know who is going to buy the lots in back of you? Me, Tom
is going to buy it and I'm going to go right straight through the street like
you've done up here on Aviation Avenue with 9 homes on 2 lots. Now you fellows
don't live on that street. Even though they own the property you have the right
to do what you want just like the commission has the right but you have a duty to
protect other people and if you don't go along with this I'm wasting my time fac-
ing some 500 kids in the public schools every day telling them about rights and
duties and so on. Now I'm getting tired of it, you guys are coming in for the
buck. Now I'll stand to make money on it and I'm a school teacher, I didn't know
I was so affluent living in such a beautiful area but every time I'm coming in
here at night, I've got to go to work at 7 O'Clock in the morning. It so happens
I only have retarded children, gifted children, I've got to be on my toes, I can't
go with this monkey business. I'm the guy that lives on that street. You've got
greens and reds but nobody lives there. They're empty lots. That's all I have
to say.
Mrs. Gordon: Mr. Shipton, are you opposing?
Mr. Shipton: I'm opposing R-1B if I'm not included.
Mrs. Gordon: Oh, I see your point. May I ask another question? Before us tonight
is an application for a rezoning which we have delayed because of this, a replatt-
ing, I'm sorry, because of this potential change and you're then stating your ob-
jection at this time to that replatting.
Mr. Shipton: Why is it that it is such a crime to have a single family dwelling
on 22 Avenue?
Mrs. Gordon: Nothing, no crime, I'm not objecting.
mr. Shipton: All right, but you're telling me you won't let me have a different
zoning than R-1 because you want to make it multiple. That's what they'll do,
they'll make it multiple. That's my objection.
UNIDENTIFIED SPEAKER: You can't make it multiple on R-1.
12`7
DEC 151977
Mr. Plummer: If you replat you can.
Mr. Shipton: You can replat it, Mister and you can make it single family dwell-
ings and you can do it. What do you think they're trying to do? You don't under-
stand what is going on, I do I live there.
UNIDENTIFIED SPEAKER: I should read into the record a letter from Alfred Brown-
ing Parker, the architect, that supports the R-1B zoning and also asks that it
be included for 22nd Avenue, from Alfred Browning Parker, the architect.
Mrs. Gordon: As I see it, Mr.
what the board recommended or
ions to enlarge the area.
. Mayor Ferre: I recognize Mrs.
body else wants to speak.
Mrs. Gordon: I recommend that we send this back to the board to enlarge the area.
Mayor Ferre: Is there a second to thtat motion? Is there a second to the motion?
Mr. Plummer: You're talking about the entire thing?
Mayor, our choices are two -fold, we either act on
send it back to the board with further instruct -
Gordon for the purposes of making a motion if no -
Mrs. Gordon: Including 22nd Avenue on the east side which are the same sized lots
and one that is owned by Mr. Shipton, his arguments are very legitimate concerning
his property.
Mayor Ferre: That you can do. Now we can't hear it but she can send it back to
the Planning Board.
Mr. Zillman: Rose, may I make one comment, please on this point? This is the
same thing that you did on November 10th, they heard it on November 16th and they
said don't include 22nd Avenue, don't roll over the people on 22nd Avenue.
Mrs. Gordon: It's true.
Mr. Zillman: You deferred us five weeks ago and we went through the public hear-
ing, the full public hearing that you asked for. We've given you exactly what you
asked.
Mrs. Gordon: Mr. Fosmoen, I recognize what you told me before about sending this
to the Planning Advisory Board and not to the Zoning Advisory Board and I want to
know whether or not you can send it to the Zoning Advisory Board since there is a
dispute?
Mr. Fosmoen: No.
Mr. Plummer: Can I speak? I realize I'm only a commissioner. Rose,
128
DEC 151977
Mr. Plummer: Rose, I'm all in favor of the R1B, I'm all in favor of what is
outlined in that map, now I have problems with the 22 Ave. and let me tell you
why. I've asked the question of all these high-priced staff and nobody has come
up with it.
Mr. Fosmoen: What is the question?
Mr.Plummer: Hey, here is exactly the answer as proposed by your client --I
assume it's your client-- I see exactly what the people are trying to prevent
and I happen to agree. In this application he is trying to get two lots..correct?
and replat them for five not four...because I was puzzled if you would zone it
R1B he had 20,000 you told me it's what the lots were, he could still get two
parcels out of it if it was zoned R1B. Now, Rose, if you wish to make a motion
to approve the R1B as proposed and then a second motion to send the 22nd Ave. back
I'll listen.
Mrs. Gordon: Okay, I move it.
Mr. Plummer: What did you move?
Mrs. Gordon: I move to accept the R1B as proposed and to send the rest of it
back for further study.
. Mr.Mayor, can I ask you a question, please? I have about
eight people here that wanted to make comments and as I say when we began this
proceeding on this specific point I was cut-off because it seemed relatively cut
and dry, well now you know we are back to a whole another story, ..
Mrs. Gordon: Well, I tell you what, we'll act on just the one portion and then
we'll --if you wish and the Mayor permits conversation-- it's okay with me. Okay,
I move you that we accept the recommendation of the Planning Advisory Board on the
property delineated east of the line.
Mr. Plummer: I second.
Mayor Ferre: It's been moved and seconded, further discussion, call the roll.
The following motion was introduced by Commissioner Gordon, who moved its
adoption.
MOTION NO. 77-963
A MOTION APPROVING THE PLANNING ADVISORY BOARD'S RECOMMENDATION TO
CHANGE ZONING FROM R1 TO R1B IN THE AREA GENERALLY BOUNDED BY TIGER
TAIL AVENUE, NATOMA STREET, SECOFFEE STREET, AND EMATHLA STREET, EAST
OF THE LINE AS SHOWN ON A PROPOSED MAP SUBMITTED TO THE COMMISSION
THIS DATE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner (Rev.) T. R. Gibson
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: Now, I will recognize Mrs. Gordon for another motion and after that
if she gets a second we will have some discussion.
Mrs. Gordon: Well Mr.Mayor, do you want the motion first?..Do you want the people
to talk first or...?
Mayor Ferre: No, no I want the motion first because if there is no second there
will be no talking.
Mrs. Gordon: Okay, the motion then would be the send the property on the east
side of 22nd Avenue back to the Planning Advisory Board for further study.
Mayor Ferre: Is there a second?
Mr. Reboso: I second the motion.
Mayor Ferre: Second by Commissioner Reboso. (OTHER COMMENTS BUT MADE OUT OF THE
RECORD).
129
DEC 151977
Mt. Fosmoen: May I ask for clarification?
Mrs. Gordon: Yes.
Mr. Fosmoen: Is it the Commission's wish to have a public hearing and direct
the Planning Advisory Board to hold a public hearing?...
Mrs. Gordon: Yes.
Mayor Ferre: Did you have a public hearing subsequent to the whole process in
November as stated by counsel over here?
Mr. Fosmoen: We did not have a public hearing on the east side of 22nd Avenue.
Mayor Ferre: Therefore, Mrs. Gordon's instructions and Reboso's second are very
explicit, and the answer is yes.
Mr. Fosmoen: They are directing a public hearing.
Mayor Ferre: They are, that is the sense of the motion. Now, do you want to speak
against all of that?
Mr. Zelman:We11, I would like to ask Mr. Fosmoen a question if I might on this
specific point and his answer to your question, Mrs. Gordon. There was a motion
made as you know Mr. Fosmoen at the PAB hearing on the 16th which.was a public hearing
which is the one that deferred and the motion was -I move that the R1B zoning be
applied to the east side of SW 22nd Ave. from south Dixie Highway south the City
Park. The motion was specific, it was explicit and it was defeited at the PAB. This
is why you sent it back ....
Mrs. Gordon: May I have those minutes if you don't mind.
Mr. Fosmoen: The Commission may direct the Planning Advisory Board to hold a public
hearing. The Planning Advisory Board may recommend against the rezoning though our
staff I'm sure will continue to hold the same position but there will be a public
hearing if this motion passes.
Mayor Ferre: Fosmoen, you see, he is right because I asked the question whether or
not there has been a public hearing on this item and you said no.
Mr. Fosmoen: There has not been a public hearing.
Mrs. Gordon: I want to call everybody's attention to the fact the night that this
item came before this Board, 4 members were absent therefore 5 people made that de-
cision. Now, that decision was a 3 to 2 vote. I don't consider that very much of
a mandate.
Mr. Zelman: Mrs. Gordon, to respond to that, piease...0n November 10 you deferred
on this specific issue, the specific request, you wanted it to go back to the PAB
to have a public hearing. The public hearing was held pursuant to your suggestion
there was a specific motion made, the motion was denied after a public hearing and
I mean, this is really getting to be a ping-pong ball, this is going back and forth,
back and forth.
Mr. King: The motion on the floor, at the meeting that Mr. Zelman was talking
about, applied to a certain area
Mayor Ferre: All right, further discussion on the motion as before us by the mem-
bers of the Commission. Call the roll please.
UNIDENTIFIED SPEAKER: Mr. Mayor...
Mayor Ferre: We are in the middle of voting now.
Mr. Plummer: Well, I'm sorry, Mr. Mayor, because...put the other map back up
please. I want to ask a question of clarification because you might wish to expand
it. Mr. Mayor, from...well, how do I describe it?..No, put that map down. From lots
18, 17, 16, 15 and 14 which we, out of the former application left in an R1, would
we want to include that in the study of R1B?..Because if you are going to do a good
study, you've got to do it of an area.
Mayor Ferre: Do you want to make a motion, Mrs. Gordon?
130
DEC 151977
Mr. Plummer: I'm not saying that we'll do it but I think it would be fair in a
study..you've got to take the remaining portion.
Mrs. Gordon: That would be, in my opinion, a very impractical position to take
because those are platted lots, already platted in 75 foot, they are not 60 footers.
Can you see that?
Mr. Plummer: No, I see them as 72 foot wide.
Mrs. Gordon: All right, I can't see as well as you do.
Mr. Plummer: Well, I'll tell you Rose, for the purposes of study I would still
want to reconsider. Hey, we don't have to vote for it but. I think it should be
included.
Mayor Ferre: Well, let's see, we are in the middle of voting and...
Mr. Plummer: Oh, okay, then I have to vote on the motion and I vote no, because
I want that to be included.
Mrs. Gordon: Why don't you make another motion, J.L.?
Mayor Ferre: That's true.
Mr. Plummer: Oh, okay, I'll do it, I vote yes for the motion.
The following motion was introduced by Commissioner Gordon, who moved its
adoption.
MOTION NO. 77-964
A MOTION TO DEFER CONSIDERATION OF THE REZONING OF PROPERTIES ON
THE EAST SIDE OF S.W. 22ND AVENUE AND REFERRING THIS MATTER BACK
TO THE PLANNING ADVISORY BOARD FOR FURTHER STUDY AND THE HOLDING
OF A PUBLIC HEARING
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote -
AYES: Commissioner (Rev.) Theodore R. Gibson
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Mrs. Gordon: J. L., do you want to make your motion?
Mr. Plummer: Yes, I make a motion that that delineated legally for me, do you
know what I'm talking about?...be considered as part of the overall study.
Mrs. Gordon: What you really want to do though I think is whether you want all
of the Secoffee north side to be included because all of it abuts the properties
that have presently been changed so therefore you would have to go further down
the line on the north side of Secoffee.
Mr. Plummer: Put the other map up there, Dick...They are already in the R1B.
Mr. Fosmoen: The remainder of the north side of Secoffee is already in the R1B.
Mrs. Gordon: The north side is?
Mr. Plummer: Everything else is, according to this. See, Rose, let me tell you
something, the times that we used to get drug in court they usually would rule...
Mayor Ferre: Is there further discussion on this matter?
Mrs. Gordon: I seconded J. L.'s motion.
Mayor Ferre: Is there further discussion, call the roll.
131
DEC 1.51977
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 77-965
A MOTION TO INCLUDE THE SOUTH 149.9 FEET OF LOTS 11-18 ON SECOFFEE
STREET AS PART OF THE STUDY FOR R1B.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: All right, what else have we got?
Mrs. Gordon: We have two plats that have to be either voted
Mayor Ferre: Can we do it 9
Mr. Grassie: No, these are items from the agenda.
Mayor Ferre: You bring them back up again, Rose. It must be adjourned, recon-
vened...does that affect you?
Mrs. Gordon: No, I don't see what difference does it make, these are platting
items.
Mayor Ferre: Well, you've got people here that have been waiting to see
and who should be very angry in just about three minutes and I don't want them
angre at me.
Mrs. Gordon: Well, the same people that are affected by all the rest of this
are affected by these two plats and I'd like to hear from them.
Mr. Plummer: We would love to have them stay.
Mr. King: Well, obviously the replatting in the area should abide the results of
the study on the rezoning I would hope that....
Mrs. Gordon:
Are you aware, Mr. King, about the plat on Secoffee on the corner
of Amathla is ...conforms with a 10,000 square feet of R1B.
Mr.. King: Yes, and I object to that, I think that should also be withheld, I
don't think that is the intent of the plan and the study that there should still
be subdivision of these lots within R1B, this is a problem in the Ordinance and
I think this is another thing that they should consider because this can only
happen on corners where there is two..since there is 100 square foot of frontage
required, this can only happen on corners within the R1B. The basic problem is
that the R1B Ordinance does not reach the size lots that we have in this parti-
cular area, and the Commission should defer replatting because you are going to
have sub -plats within R1B that are totally out of kelter....
Mrs. Gordon: All right, I believe these two items should be deferred until the
entire area's zone problems will be resolved, I so move.
Mayor Ferre: Rose Gordon moves that this Zoning Meeting be...
Mrs. Gordon: That these two plats be deferred until such time as the entire area's
zoning problems have been resolved.
Mayor Ferre: Can't do that, we are in a zoning meeting and we have got to get back
to the afternoon agenda. We can't...all right, so in effect there, Mrs. Gordon
moves that item No. 48 and 52 be deferred.
Mrs. Gordon: Until such time as the zoning of this entire area has been resolved.
Mayor Ferre: And Father Gibson seconds, all right. Call the roll.
132
DEC 151977
The following motion was introduced by Commissioner Gordon, who moved its
Adoption.
MOTION NO. 77-966
A MOTION TO DEFER CONSIDERATION OF ACCEPTANCE OF PLAT ENTITLED
"BEGONIA VILLAS" AND A PLAT ENTITLED "MARANTHA" (ITEMS NOS. 48
AND 52 ON THE DECEMBER 15 REGULAR COMMISSION MEETING AGENDA)
UNTIL RESOLUTION OF PROPOSED ZONING IN THIS GENERAL AREA HAS BEEN
COMPLETED.
Upon being seconded by Commissioner
adopted by the following vote:
AYES: Commissioner
Commissioner J.
Commissioner (Rev.)
Gibson, the motion was passed and
Rose Gordon
L. Plummer, Jr.
Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Manolo Reboso
Mayor Ferre: And now we are on item No.
3.
Mr. Knox: Mr. Mayor. We have not yet adopted an Ordinance which would make the
zoning change.
Mayor Ferre: 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 CLASSIFICA-
TION OF CERTAIN PROPERTIES LOCATED IN THE AREA GENERALLY BOUNDED BY
TIGERTAIL AVENUE, NATOMA STREET, SECOFFEE STREET AND EMATHLA STREET,
INCLUDING PROPERTIES ABUTTING SECOFFEE STREET TO THE NORTH AND EMATHLA
STREET TO THE WEST FROM R-1 (ONE FAMILY) TO R-1B (ONE FAMILY), AS PER
THE MAP ATTACHED HERETO AND MADE A PART HEREOF AND BY MAKING THE NECES-
SARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID OR-
DINANCE NO.6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION
2 THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THERE-
OF, IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Gordon and seconded by Commissioner
Gibson and passed on its first reading by title by the following vote:
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Commissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice Mayor Manolo Reboso
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.
83, PUBLIC HEARING AND DEFERRAL OF CONSIDERATION OF REVISION OF PAD AT 2333
BRICKELL AVER (TO PERMIT ENCLOSURE OF BALCONIES),
Mayor Ferre: We are now on item No. 3.
Mr. Davis: Item No. 3, Mr. Mayor, is an application by the Brickell Bay Club
which is at 2333 Brickell Avenue, that their PAD...their PAD Resolution be revised
to permit the enclosure of the balconies...of all the balconies of the building
which will raise the floor area ratio originally granted in the PAD. This was
discovered originally by an applicant..an owner of one of the apartments coming
to the Building Dept. and asking for a permit to construct an enclosure. The
Department, of course, refused the permit but in doing so determined that there
_ were several other apartments already enclosed in the structure which were done
without permit. The Tennats' Association got together and have jointly made this
Petition for changing the PAD.
133
DEC 151977
Mayor Ferre: All right, are there any opponents?...I thought there were opponents.
Mr. Plummer: Well, I want to ask a question for clarification. Mr. Davis, is
that the proper way to do it, through an alteration to the PAD?
Mr. Davis: This involves an increase in the floor area ratio and since the PAD
was the one that granted the floor area ratio it's about the only way it can be
done, Mr. Plummer.
Mr. Plummer: All right, because you see someone told me along the line that they
wanted to give a covenant, well..not necessarily a covenant but a restriction
grandfathering those in and no more further would be built, which I say is radical-
ly wrong, okay?
Mr. Davis: I understand what you are saying.
Mr. Plummer: Okay, by doing it this way are we in fact being fair to all oc-
cupants?
Mr. Davis: If you granted the floor area ratio which is being proposed by the
Tennants' Association you would permit all balconies in the building to be enclosed.
Mrs. Gordon: Okay, may I state my personal feelings about this situation. I don't
think it is a bad idea. Now, I'll tell you why, when I saw the picture in the paper
and I was imagining myself being blown -off that balcony, I really and truly sym-
pathized with the people who live there. And I want to say this, if in fact we
permit the further enclosure, it ought to be a uniform plan that everybody and any-
body who wants to do it, do it but exactly the same as all the rest....
Mayor Ferre: Mrs. Gordon moves,..
Rev. Gibson: I'll second...
Mr. Grassie: Mr. Mayor, should we point out to you the recommendations of both
the Zoning Board and the Planning Department?
Mr. Fosmoen: The recommendation of the Departments was for denial.
Mrs. Gordon: Dick, you can't win all the time.
Mr. Fosmoen: The recommendation also from the Zoning Board was for denial. The
Department's position is that if we permit the uncontrolled enclosure of the bal-
conies it is going to present a hazard....there have been no building permits
issued, there is no showing that these enclosures are in compliance with the South
Florida Building Code and, in the final analysis, if it is the Commission's
policy that we are going to enclose balconies, then let's change the definition
of FAR, let's not start increasing by variance, but let's change the definition
to include balconies, so all structures and all architects in the community know
what the rules are.
Mrs. Gordon: All right, I agree with you that we must prepare for he future, but
we are looking now at something that is in the past and I honestly and truly feel
that there is a factor of safety involved and I wouldn't live up in one of those
upper floor s unless it had an enclosure. I honestly and truly feel it, so if you
feel that there is some problem with regards to compliance with the Building Code,
the South Florida Building Code well, that certainly is within the Building Depart-
ment's jurisdiction, to make sure that the enclosures comply.
Mr. Fosmoen: They can only do that if there is a permit taken
Mrs. Gordon: Well, sure, we don't want an more of you going about it without a
permit please, but those that did not have permits should be inspected
to make sure that they...you know, they should get the permit in order that the inspec-
tion be made, is that right?
Michael Hackett, Esq.: If I may interrupt, our engineer is here, these balcony
enclosures have been inspected and it has been determined that they are in compliance
with all the hurricane criteria and high -wind velocity criteria. He is here right
now and if there is any question....
Mr. Plummer: Yes, Sir, that's all well and good but don't ever expect me to sit here...
Jerry Silverman used to say when we sat on the Zoning Board, we were not a Zoning Board,
we were a pardoning board. Now, I'm going to vote for this, I happen to think it is
134
DEC 151977
right but I'm going to tell you that from what I understand there's 17 balconies
that have been enclosed. Is that correct?
Mr. Hackett: I believe so, yes.
Mr. Plummer: Of which I think three permits were taken out and fourteen were not.
I'm going to tell you something, permits are going to be taken out on those other
fourteen. Now I'm sorry, I'm all in favor of it, I see no problem with enclosing
them but those fourteen have got to have a permit, they've got to be inspected -
we're going to control it.
Mayor Ferre: Now J. L., you tell them, this commission is four square for law
and order.
Mayor Ferre: Now I want to know since the commission is going in this direction
what, I assume that the commission is going to be consistent when Birckell Bay,
Sailboat bay, Moon Bay and the other bay, the one on 15th and all those come in
to do the same thing.
Mr. Reboso: Let me tell you what the problem is, Mr. Mayor. What I can see is
when it happens in Coconut Grove we are going to have 300 people here.
Mr. Plummer: Well, but you see that's why I asked the very question I asked before,
Mr. Davis. Are we addressing this problem in the right way? Now what you're pro-
posing to increase the FAR or whatever you're proposing we, in fact, are giving
carte blanche or are we better to approach it through the variance procedure where
we do retain control, where we do recognize that there are differences in build-
ings and differences in balconies?
Mr. Davis: To explain that, Mr. Plummer, as best I can the options were before
the original development of this structure to either go the variance route or the
PAD route. The FAR could have been granted by the board or by the commission either
way. However, because it fitted the PAD part of our ordinance it was deemed to
be better off to go the PAD route. Now since the FAR variance literally was granted
by the PAD the only way now to approach it is to revise that PAD not with another
variance.
Mr. Fosmoen: Mr. Mayor, may I make one other comment? I hope that the City Com-
mission recognizes the impact of this decision. It means that every time someone
wishes to make a change in FAR, a change in the use of a building they will get
together, they will do it illegally, they will come to this commission and seek a
variance.
Mr. Reboso: Mr. Mayor, why don't we approve all balconies that have been enclosed
so far and give 60 more days to the people to ask for permits to enclose the bal-
conies? After the 60 days have expired...
Mrs. Gordon: May I, Mr. Mayor? Ok. Your remarks, Mr. Reboso, are good ones but
I don't think that's even the point. The point is that if when these buildings
were constructed they did have a roofed over area, right? These are not open bal-
conies without an overhang.
Mr. Davis: A roofed over area and an open balcony is not included as part of the
floor area ratio.
Mrs. Gordon: I'm not arguing that with you, Bob, I'm simply making a statement
of fact. There was a roofed over area, there was a floor, there is everything
except the windows that you put in. Now I want to know what great big difference
that makes if that floor area was counted or not counted because very frankly from
the ground looking up you can hardly tell there is a window there I don't think and
if you can so what.
Mr. Davis: But then as Mr. Fosmoen suggested it should have been included in the
FAR.
Mrs. Gordon: True, but if you gentlemen want to provide us with some amendments
to the ordinances in the future fine, do it but let's move on with the show to-
night.
Rev. Gibson: Mr. Mayor, I don't know how you remedy this situation but I went and
saw those apartments for myself and I'm going to tell you something. I think I'm
a pretty big boy and I was scared as all get out. Honest to God! And I don't care
what you do but I think that those that are enclosed present less hazards and less
fear. If you all were there the night that we had the Fire Rescue outfit, that
night would have convinced all of you that instead of being here debating you'd
be willing to do anything to bring relief if you were up in one of those
DEC 1 51977
apartments, you would have seen all those hanging plants just blown down and you
wonder why they didn't drop and hit somebody in the head. Now I saw that and then
you know just the fact that you go up on the 23rd Floor, man, and you look out
there with all that water - my God! Look, I'm supposed to preach to people that
you shouldn't be afraid to die tut I declare it was really something. I would
urge the commission regardless of what, you know don't let's get so technical,
let's get something done about it and those people who are there, if you have to
send our inspectors to inspect and approve and then add to for God's sake go on
and do it.
Mr. Grassie: I guess the concern that we have, Mr. Mayor and commissioners, is
that the kind of decision that is in front of you right now tends to put in the
hands of property owners and attorneys a club with which they will hit you for
the next 20 years.
Mayor Ferre: And we're not talking about 16 apartments the problem is that you're
talking about thousands of apartments to come and that is where the problem is.
I tell you I want to do this if we can find a way to do it. My problem is that I
am scared to death of the legal precedent that you're going to be setting here
tonight which isn't going to solve the problems of 16 people it's going to be in-
volved with thousands and thousands of apartments all over the City of Miami. Any-
body who has a PUD or PAD is going to come back ans say, " I want an extra 200 feet
or 300 square feet or what have you.
Mr. Grassie: I wonder, Mr. Mayor, if there is an alternative to not put you in
that position: To in the short run approve the recommendation of the Zoning Board
but also instruct the staff to take a look at the existing Code and see whether
there is an alternative which can be written in the Code as a legitimate alternat-
ive which may speak to the question that we have in front of us. I don't know
that there is but what I'm saying is that if we do make a change we ought to look
at it from the point of view of what's going to happen to the entire community and
what's going to happen to you with the next thirty cases that come in front of you
and at least we ought to give that a try. You know we ought to try to find a sol-
ution which is more rational and which will avoid the problems that I know the
City is going to have if we take the short run approach.
Rev. Gibson: In the meantime what happens to those who have put up the enclosure?
Do you make them tear .t down?
Mr. Grassie: I would think that we would have to declare a sixty day moratorium
on an•, enforcement.
Mrs. Gorc.on: Now wait a minute now, there is a motion and a second on the table.
Are you suggesting that we remove that motion and make another one?
Mayor Ferre: Wait a minute, I beg your pardon. I heard the motion I didn't hear
the second.
Mrs. Gordon: Oh yes, there was a second.
Mayor Ferre: You tell me who seconded, Mr. Clerk.
Mr. Ongie: Father Gibson.
Rev. Gibson: I did.
Mayor Ferre: I stand corrected.
Mrs. Gordon: I made the motion fully aware of what the ramifications are and fully
in concurrence with the fact that open balconies in high rise buildings are a danger-
ous factor and I believe that our department should come up with a means and a
method for dealing with it and that we should permit this building to continue as
long as they conform to the same pattern of development so we don't have a hodge-
podge and that was my motion and it was seconded and if you take a roll call and
it fails well then you go to another motion.
Mayor Ferre: I agree with your first conclusion and disagree with your second be-
cause we are under discussion. The reason I disagree, I agree with your first port-
ion of it and I think that if there is a danger we ought to address it and I think
that those people that already have these 16 or whatever it is that we ought to
declare a moratorium on that and (3) I think you ought to address the problem be-
cause the problem is here and these people have a problem and it's got to be done
but I think we've got to do it in a way that we don't set a legal precedent which
is going to plague this city forever and a day and I'm going to tell you that I
will vote with the intention of what you're trying to achieve. I think what you're
going to be doing is going to be an extremely dangerous thing for the future of
PIIIII111111111111 I111 1 ! 1 I
136 DEC 151977
this City. You're destroying the very s2 a thing, Rose Gordon, that you have been
the champion of.
Mrs. Gordon: Mr. Mayor, if I thought I was destroying anything I wouldn't be offer-
ing the motion, sir. I am not destroying in my opinion, I think we're enhancing
the quality of life and that's what it is all about. We're adding to the liveab-
ility of the units and to the architectural appearance. We can enhance it by the
way we utilize and make these enclosures. I tell you in the Dade County area, my
sister lives in one of these condos up in north Dade and they're permitted if they
wish to enclose their units, her's is and yes it makes it a much more liveable
situation for her.
Mayor Ferre: I'd like to ask you then so we can have this clearly on the record
that when, for example there is another project on 15th Road that Ted Hollow owns
and there is one called Plaza, not Plaza Venetia, Vizcaya North and Yacht Harbor
and the one, Brickell Place, I want to make sure that when these people come in
requesting this that we're going to be consistent and give them all this right.
Mr. Plummer: Mr. Mayor, I'm going to speak. Mr. Mayor, may I offer a solution
which I think is agreeable? I'm not going to give you any of my salad or my lob-
ster or my steak. That's mine. Under discussion, Mr. Mayor, might I suggest that
we try what in my estimation is the best of both worlds. Mr. Grassie as what I
understand is trying to say to this commission, let me help you off the dilemma
Let us look at it and see if there is a way that we can do what you are trying to
accomplish. That's what I heard. Mr. Mayor, if I'm not mistaken whereas Mr.
Grassie sits on top of this and since he's shown me that he's willing to try why
not defer this item. No action will be taken against those people who presently
have their enclosures. I'm assuming that would be the case that Mr. Grassie and
his little ax hammer and his inspectors are not going to go down there and rip
them out. So we defer this, no action will be taken against those people who al-
ready have them, let him try to find a way to do what this commission is trying
to accomplish but from creating a disaster at a later time and everybody is happy
I just merely offer that as a possible solution because I'm going to tell you and
I'll go right on the record, if he can't find the solution I'm going to vote for
the balconies. I'm going to tell you that.
Mayor Ferre: . I'll go along with that.
Mr. Michael Backer: Mr. Mayor, may I be heard in favor of Mrs. Gordon's motion?
My name is Michael Hacker. I live in the Brickell Bay Club. I have sat with Mr.
Whipple from the Zoning Department with some of my colleagues trying to figure out
an amicable solution to this problem. Let me in an essence refine down what the
problem is. There is a part of the South Florida Building Code which creates a
legal fiction for developers that says when you figure out your Floor Area Ratios
if there are balconies they're not to be included in figuring it out but the minute
those balconies are enclosed by sliding glass windows or screens or awnings then
they become a part of the Floor Area Ratio not withstanding that a balcony is a
balcony whether it is designed to stand on and sit on whether it is open to the
wind and rain or whether it is enclosed with a sliding glass window or a screen or
an awning. Now the problem is this: If the City of Miami decides to enforce this
obscure which unfortunately we have now fallen victims to if they decide to enforce
this ordinance then any resident, any property owner in this city who has enclosed
their swimming pools with screens has violated that ordinance. Any person who has
enclosed their front porch with an awning or a screen or a sliding glass window
has violated that ordinance. It is an ordinance that is a fiction.
Mayor Ferre; That's not so, that simply is not so.
Mr. Fosmoen: The cases that he's sited are not so. I guess the point that I'd
like to try and make to this commission, if you're telling us to find a solution
to the problem we'll find one but I would urge you not to grant a variance on this
basis. It cuts to the very heart of granting variances to the ordinance and there
is no justification for granting this variance....
Mayor Ferre: Look ladies and gentlemen, I know you're here late I started
to talk, Rose, and I will recognize you as soon as I finish speaking. Ladies and
gentlemen, I know that it is late, I know you are concerned. I think you are right.
I agree with all of you. I think you ought to be able to enclose your balconies.
Ok? I agree with what Plummer said but we have to do it the right way. The right
way is not by forcing something which sets a legal precedent that might be disast-
rous for the future of PAD's. You have my word that this will be solved somehow
but we have to do it through the legal vehicle. Ok? And I would recommend to you
counselor that you let well enough alone and give the commission, have faith that
IIMP1111111111111111111111111p1p11,1111II
13'7
DEC 151977
we're going to comply with all this. by doing it and giving the Manager the oppor-
tunity to do it so that we don't have to grant a variance on a PAD which will
cause havoc because of the precedent this will set.
Mr. Hacker: May I just point one more thing out before Mrs. Gordon takes over,
and that is that the Brickell Bay Club happens to be a unique building insofar as
it is the tallestbuilding in the State of Florida to have srap around balconies.
I think that renders it to be a little unique not that it is any better or worse
but it's different.
Mayor Ferre: We've got a very prominent judge here and you know and the judge
knows better than I do that these legal precedent things you know they get up
there and some smart lawyer says, yes judge but you know I don't know whether the
fact that it's a tall building or not. Hey, even if it is a 500 story building
I'm not a judge and I'm not a lawyer and I don't know. The fact is that time and
time and time again precedents are set that lawyers and smart lawyers take to
court and they crucify us every single time.
Mr. Plummer: Mr. Mayor, look, I tried to offer a solution, obviously they don't
want it. I move to deny it.
Mrs. Gordon: I have a motion on the table, Mr. Plummer, and a second and I call
for the vote!
Rev. Gibson: Rose, since I seconded the motion, you know you're going to get what
you want. Listen, maybe I shouldn't be saying this in front of the judge. You're
going to get what you want, all they're asking you to do is to give them enough
time to work it out legally and you who are affected, don't you go away from here
worried. That's what we're telling you. They're going to find a solution and
then that will give us an opportunity to do it without having happen. That's what
they're telling you. I say trust them. Counsel, let me say this: I'm a man of
faith. Trust them and if you have any trouble do like Revitz, he made me shiver.
He said Reverend I trust you, so you can trust me. Hear?
The preceding motion offered by Commissioner Gordon and seconded by Reverend
Gibson failed to pass by the following vote -
AYES: Mrs. Gordon.
NOES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre.
Mr. Plummer: (On roll call) The motion is to grant by increasing the FAR? No
way. I'll vote against it without the opportunity of being able to explore another
viable alternative.
Mayor Ferre: I vote no which is four to one. I told you what was gong to happen.
Now you know do you want to take it to the Tigertail Association or do you want to
take it to Janet Mac Aliley and Coconut Grove and see what they say about it?
Mrs. Gordon: May I hear from the gentleman at the microphone?
Mayor Ferre: ... It goes to absolutely the heart of the DAR and the PAD and every-
thing that this commission has worked for and I'm just absolutely flabbergasted.
Mr. Plummer: I make a motion that this item be deferred.
Mr. Reboso: With a moratorium.
Mr. Plummer: Hey, let me tell you something....
Mrs. Gordon: Are you an engineer, sir?
Mr. Plummer: I'm surprised at counselor who can't count noses. ... I move that
this thing be....
Mrs. Gordon: J. L., are you making a motion to defer? Ok, make it.
Mr. Plummer: May I make my motion?
Mrs. Gordon: Please.
Mayor Ferre: Go.
Mr. Plummer: I make a motion that this matter be deferred allowing the opportun-
ity of the Manager to explore the possibility of this being a permitted use. Do
you want 90 days? Ok, then I don't want to have to put into the motion ....
Rev. Gibson: Don't put no time in there let them go on ....
138
DEC 151977
Mayor Ferre: There is a motion and a second that just says that the item is to
be deferred.
Mrs. Gordon: Under discussion only, my feelings are well known to you now and
that's why I made the vote go through as it did. I feel very much that my fellow
commissioners are also in accord, Mr. Grassie. There is an extreme need for re-
vision to all of our ordinances which will provide for the safety, and when Mr.
Fosmoen said there was no hardship I argued with him there was a hardship - safety
of the people involved in these apartments is a hardship. Ok, I'm willing to go
along on it and I'll go with the deferment.
Mayor Ferre: Ok, we're going to vote unanimous and that kind of tells you some --
thing doesn't it?
The following motion was introduced by Commissioner Plummer who moved
'its adoption:
MOTION NO. 77-967
A MOTION OF THE CITY COMMISSION DEFERRING CONSIDERATION OF A
REQUEST BY BRICKELL BAY CLUB TO INCREASE ENCLOSURE OF THEIR
BALCONIES AND DIRECTING THE CITY MANAGER TO EXPLORE SUCH POSS-
IBILITY AS A PERMITTED USE.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre NOES: None.
And there won't be any cranes with the balls on them tomorrow?
Mr. Hacker:
Rev. Gibson:
Mrs. Gordon:
Rev. Gibson:
Don't worry about it you all go home and rest.
Tell the press that picture was very effective, you got my yes vote.
Yes, sir, I went into that condominium and I'll tell you....
84, DISCUSSION AND DEFERRAL OF CONSIDERATION OF ZONING BD'S DENIAL OF CONDITIONAL
USE TO PERMIT MEDICAL OR DENTAL OFFICES AT 437O-72 WEST FLAGLER ST,
Mayor Ferre: We're now on Item 04.
Mr. Davis: Item #4, Mr. Mayor, is an appeal from the decision of the Zoning Board
to deny the applicant's petition for a condition use and a variance to permit den-
tal offices at 4370-72 West Flagler Street on a lot that is only 50 feet wide,
5,000 square feet of area with an access isle to the parking of 15', 23' required.
Mayor Ferre: Go ahead.
Mr. Miguel Del Aquila: Permit me to introduce myself. My name is Miguel Del
Aquila, I'm the attorney for the petitioner. I know it is late and everyone is
really tired but I would only ask that you pay attention to me for about five
minutes which would be the most that I can take. I work for the offices of
Roberts, Garcia, Scaro located at 3899 N.W. 7th Street. We are here on an appeal
from the Zoning Board's decision denying our application for a medical office
at Flagler Street between 43rd and 44th Avenues. We are seeking a conditional
use to permit a medical office along with a variance. We have the architects who
worked on the project who will make a presentation to you which won't be too long.
Mr. Ricardo J. Fernandez: My name is Ricardo J. Fernandez, I am the architect
for Mr. Nunez, the owner of this property. The reason I'm here is only to present
the facts of this. Ok? We prepared a document which was a drawing for Mr. Whipple
and Mr. Perez to review. On their recommendation we revised that document twice
to comply with the City Building and Zoning Ordinance. I'm going to show to you
that drawing.
Mayor Ferre: Listen, I want to be very practical and fair to all of you people
that have been waiting. I'm at a point where I can hardly hear what's going on.
I've been here all day since very early. I got up at 5 this morning and it's
been a hard week for me. I don't know what's going on. You're crazy to bring
things up before us. You know we don't even know what's going on. We're going
to listen to you.
.39
DEC 151977
Mr. Fernandez: If you want to defer it to another night ----
Mayor Ferre: What I'm saying is I think you'd all be very smart to defer.
Mr. Fernandez: I would not oppose a deferment.
Mayor Ferre: I'd like to defer all these items frankly.
Mr. Fernandez: Can I ask that I be placed first on the agenda?
Mayor Ferre: Yes, you can ask that. You're first on the agenda.
Thereupon on motion of Commissioner Reboso seconded by Commissioner Gordon
Item 04 was deferred to the Meeting of January 24, 1978, first item on the agenda
by the a unanimous vote.
1.40
DEC 151977
85, PUBLIC HEARING - RESULTS OF TEST PERIOD - ONE-WAY OPERATION OF
FLORIDA AVENUE,
Meyor Ferre: Mow we're on Item " 5. '"here is a public hearing to consider re-
sults of a test period for Florida Avenue, does anybody object to our deferring
that? You do object? All right, take up Item 5 and I'm going to personally move
it, I want to have the pleasure of moving this one myself.
Mr. Richard Whipple: Mr. Mayor, Commissioners, if I may very briefly as we've
indicated in the memorandum to the commission this six month test period was per-
formed, Dade County Department of Traffic and Transportation went out and resur-
veyed the area as a result of the test. They found all the results favorable and
are recommending along with the Planning Department and Public Works Department
that we continue with the one way street and the closure as ...
Mayor Ferre: You recommend that it be continued?
UNIDENTIFIED SPEAKER: Yes, sir.
Mayor Ferre: You're for that and you're against that. All right, so why don't
you get up and we'll listen to you and then we'll listen to you and then we'll
vote.
Mrs. Elizabeth Bettner: I had asked that this be deferred because I know you
folks are tired so I'm going to make this as short as possible. Mr. Whipple just
said that that was a six month trial period, if we were down here May the 18th,
at that time it was supposed to be a six weeks trial period. As today it has gone
15 weeks so we've had a very good chance to try this out. Now Mr. King, I talked
to Mr. King today and I do know he has recommended it be kept a one-way street but
when Mr. King also on May 18th they asked him what were the advantages to this and
he said there are certain advantages and certain disadvantages. He said there is
no improvement and it wouldn't be any improvement. Now I've got a lot of things
I would have said earlier this evening but I know you folks are tired. When I
talked to Mr. King today I said Mr. King how lona of a survey did you make this
time? He said I made a one day survey and I was out there one day for 35 minutes
from 7:55 to 8:30. He is the County Transportation Department who has been mak-
ing this recommendation. If you remember the city made a study, the city and
county made a two year study and then every study that came up and in January you
had approved all the studies that were made to keep it a two-way street. Mr.
King came up in a one day survey and that one day survey he has recommended that
this be made a one-way street, after 54 years it was a two-way street. We never
had an accident on it until it was made a one-way street and there has been an
accident by the school. Now I will say, I'm thinking sincerely of the school sit-
uation. When the traffic pulls in on Grand Avenue from Grand Avenue to Matilda
there there is a one lane by the school. Now that was the main thing, it was to
be kept a one lane so the children could be left off their cars and put into the
school yard but instead there is one row of cars, there's one row of busses and
cars then when we try to pull in we can't get through, people are coming up the
Seven -Eleven and making a U-turn so there's four lanes of traffic there and it
is not helping the thing at all, in fact, it has been very confusing and I think
after all this time I think it is not working out and I hope you put it back to
a two-way street.
Mayor Ferre: All right, Mrs. Bettner. Yes, ma'am, you're the next speaker.
How much time do you need?
Ms. Joella Good: I'm Joella Good, principal of Coconut Grove Elementary School.
This one-way street has been very satisfactory to us and has helped a great deal
with the children. I have two letters I will not read, unsolicited ones from
children asking that you keep it.
Mayor Ferre: Thank you, ma'am. Next speaker.
Mr. John Green: My name is John Green, I live at 3158 Florida Avenue. I agree
with the recommendation.
Mayor Ferre: All right, sir, thank you.
Mr. John Doe: My name is John Doe, I live at 3155 Florida Avenue. I'd just like
to say that I agree with the recommendations too. I think it is pretty safe.
There is only one thing I would like you to consider and that is that Betty does
141
DEC 1 51977
have a point. It is somewhat more difficult to get in and out of the street and
I would like to reserve the possibility at some future time to come back for a
modification but as of now I'd like to see us keep the one way street. It def-
initely works and is safer for the children.
Mayor Ferre: All right, further discussion?
Rev. Gibson: Mr. Mayor, I think for a professional to take 35 minutes and decide
the fate of people who must spend their lives... I want to go along with Mrs.
Bettner.
Mayor Ferre: All right, there is a motion by Father Gibson that that street re-
vert back to a two-way street.
The following motion was introduced by Commissioner Gibson who moved
its adoption:
MOTION NO. 77-968
A MOTION DECLARING THAT FLORIDA AVENUE BETWEEN MATILDA STREET
AND McDONALD STREET IN COCONUT GROVE SHALL REVERT BACK TO A
TWO-WAY STREET.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer.
ON ROLL CALL:
Mr. Plummer: That man lives, I know where he lives. Who were the other
speakers? Where do you live? And you were in favor of the one-way? The school
is in favor of the one-way. Let me ask you a question, excuse me and I'm sorry
that I'm delaying the proceedings. Mrs. Bettner makes a contention to me that
gives me great concern. Here is the contention: That is that you have almost a
blockage of the street. You have parking against the street as normally allowed
by law, I'm talking about heading north on Matilda. Along comes the school buses,
they park because they can't get to the curb they park alongside the cars along-
side the curb and then mothers and fathers trying to pick up the kids create a
third lane. Now I think that is unfair, I really do. Now all I'm going to say to
you is I'm going to vote to retain the one-way street but....
Mayor Ferre: No, Commissioner Plummer, you don't have any choice beyond that, just
vote yes or no, you can preface it.
Mr. Plummer: Ok fine, then I'll make another motion.
Mayor Ferre: Then you make another motion, that's... Good for you. All right.
Yes he did, he voted no. Go ahead.
Mr. Plummer: I voted yes.
Mayor Ferre: Wait a minute, let me go over this so you understand what we're
voting on. See, that's the trouble when you get to 12 O'Clock and you've been
here for 15 hours. Father Gibson makes a motion that the street revert back to
two-way street. Mrs. Gordon seconds that motion and then they vote yes. Plummer
just voted no as I heard it.
Mr. Plummer: You didn't hear it you voted for me but you're right.
Mayor Ferre: I know I'm right I was listening to you.
Mr. Plummer: And I know it's time to go home and three times in a row you were
right - it's time to go home.
Mayor Ferre: Now, Mr. Plummer, did you want to say anything else?
Mr. plummer: Yes, sir, I want to make a motion at this time that the administrat-
ion be instructed to free that street - Free the Street! Free the street. What
I'm saying is Mrs. Bettner has a right to get to her home without having to play
dodge them in the middle of the street. I think the only logical conclusion in
my estimation is that that curbing alongside of the school be reserved for school
buses only.
142
DEC 15197/
Mrs. Gordon: Let's do it next time, a. L.
Mr. Plummer: All right, I'll go look at it....
Mayor Ferre: All right, you wanted to force this issue, you got your vote 4=14
Mrs. Bettner won. Who is next?
86, FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION FROM R4 TO C4 AT
APPROXIMATELY 1751 N.W, No, RIVERDRIVE,
Mr. Davis: This was rezoned originally C-4 and it had been changed to R-4 in con-
nection with a PAD application which never got financed.
Mrs. Gordon: So they want to go back to what was?
Mr. Davis: Yes, ma'am, that's right across the street from Merrill Stevens Dry
Dock.
Mayor Ferre: That's on North River drive there across the street from the Holiday
Inn and what's his name.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE No. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI
BY CHANGING THE ZONING CLASSIFICATION OF WEST 28' OF
NORTH 144.88 ' OF LOT 1, AND THAT PORTION OF LOT 2,
LYING NORTH OF TRACT A; NEW ROOSEVELT OFFICE SUB PLAN
(104-50) AND THAT PORTION OF LOT 3 LYING NORTH OF
N.W. NORTH RIVER DRIVE; PIRATES COVE SUB (1-92),BEING
APPROXIMATELY 1751 I.W. NORTH RIVER DRIVE, FROM R-4
(MEDIUM DENSITY MULTIPLE) TO C-4 (GENERAL COMMERCIAL);
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 CON-
TAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner Reboso
and passed on its first reading by title by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the city commission and to the public.
87. BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION OF AMENDMENT TO RES,74-970
TO PERMIT OPENING IN WALL - N.W. 11TH ST, (SIDE OF CENTRAL SHOPPING PLAZA),
Mayor Ferre: Is there a motion to defer Item 47?
Mrs. Gordon: Yes, I move it.
Mayor Ferre: Don't make us go through this at this time.
UNIDENTIFIED SPEAKER: We've had people from Tallahassee...
Mayor Ferre: Who is here from Tallahassee?
UNIDENTIFIED: Major Keith. This is the shopping center, we've been up here
over the past year and a half, Mr. Mayor, we would like....
Mayor Ferre: Listen, we've been through this so many times, Jasper, I know exact-
ly what you're going to say, George, I know exactly what you're going to say and
Major, I know exactly what you're going to say, I've heard it four times before.
I don't see that there is a change here.
143
DEC 1 51977
J`"
Mrs. Gordon: What is going to be different than we heard?
Mayor Ferre: Does anybody have anything new to say? You've got something new?
No, Jasper, you don't have anything new to say. I know what Mrs. Gentry is going
to say, she's not going to say anything new. You're going to say something new,
Ok, I'll listen to you. You say something new now, you say the same thing...
Well, then you'd better not say it.
Ms. Rosa Oria: My name is Rosa Oria. I live at 3771 N.W. 7 Street. This is the
first time I speak here. I came several times and stayed in the corner but I will
say that none of us...
Mayor Ferre: Want the hole in the wall.
Ms. Oria: The owners who live in llth Street agree with the opening in the wall
because before when we had that open we never had peace. We had to call the pol-
ice and everything.
Mayor Ferre: Alright, now say something new.
Ms. Oria: That's all.
Mayor Ferre: That's not new, sit down.
Ms. Oria: Well, I hope today you solve something.
Mayor Ferre: George, you got something new to say?
Mr. George Du Breuill: No, sir, other than we had our public hearing out there
and we've tried for a year and a half now, there is still a very major problem as
far as the drivers' license thing. Planning Staff has recommended this, we'd like
the commission to vote on it.
Mayor Ferre: All right, what is the will of this commission?
Mr. Fosmoen: The commission is aware of the eight stipulations, Mr. Mayor and
Commissioners relating to the wall or to the hole, are you aware of all eight of
them? Only for egress, appropriate stop signs, clearly mark the exit it is used
only for exit, clearly mark the exit that is only an exit for passenger vehicles,
the width is less than required for commercial vehicles, install speed bumps to
limit the vehicular exiting speed, provide permanent pedestrian opening in the
north wall to N.W. 11 Street, install a conventional gate at the vehicle access
which will be only opened during the hours of the Drivers' License Bureau...
Mayor Ferre: Now I want to give you an assessment, Ok? This is a political assess-
ment from a politician like you and I George, we're politicians. If you force this
issue right now in my opinion there will not be sufficient votes for this thing to
pass, that is my guess. However, if we defer it then I think you will have people
that may have more open minds to hear the arguments and then perhaps they might
have a chance, you never know. If you force the issue right now I don't think
you've got the votes. Now, if you want to talk about it at 12:15 at night when
everybody here is groggy, you saw what happened to that poor school teacher, she
wanted to force the issue. You don't want to be like that school teacher.
UNIDENTIFIED SPEAKER: Mr. Mayor and Commissioners, I know it is late and I know
you've been here a long time. We have been trying for a year and a half because
this is not only the people who live on llth Street this affects the entire City
of Miami in the location whether we went to the Orange Bowl thing, we went through
it trying to find another location and it is going to affect the entire City of
Miami because they are going to look elsewhere for Drivers' License... Now Mr.
Mayor, if that is the will of this commission, and Mr. Keith has been'down now,
Major Keith from Tallahassee has been down now almost eight or nine times... We
went out to try to work this out with the people, the Grapeland Heights Association
and actually I think that we should... We're going to spend another $160,000 back
there.
Mayor Ferre: I want to tell me you have no right to ask me to be rational at
12:15 on a day that I have spent, I have been up since 5 O'Clock in the morning.
Ok? And I'm going to tell you right now I'm here I'll pass the gavel over and move
you sir, that this matter be, what do we want here? ...
Mr. Davis: No action is taken on this matter, Mr. Mayor, if no action is taken
on this matter it dies.
Mr. Plummer: Then move to defer.
144
DEC 151977
Mr. Davis: That's what has been done all the way through is the deferral.
Mr. Plummer: I don't want to defer it, what I'm saying is he's scratching his
head for what he wants to do, what he wants to do is to defer it. He don't want
to kill it, he doesn't want to pass it, he wants to eliminate it.
Mr. Davis: Three choices, either vote for the change of the resolution or not
change anything or vote for deferral.
Mayor Ferre: He's already told us we're going to lose it, I'm accepting that.
He told us that two years ago, I'm surprised you haven't gone by now. What do
you want me to do? I told you my feelings on it.... Major, I don't mean to be
rude to you but it has just been a long long day.
Major Keith: No, and I know you have but let me say this, you know it kind of
foolish for us, you know if we're going to kill it, if you're not going to give
us a fair shot with it certainly defer it.
Mayor Ferre: That's exactly what I've been trying to tell you for the last 15, in
fact, I've been trying to say it for longer than that. In my opinion if you come
before a fresh commission who isn't groggy I think you've got a better than 50-50
chance to pass this under these conditions. Now he's not happy about it and
Mrs. Gentry isn't happy and they're not happy but I think you've got a better than
50-50 chance to pass. Now if you force it tonight I can tell you it ain't going
to pass and I may be reading things but I told that school teacher something and
she didn't listen.
Major Keith: Well let me say, Mr. Mayor, can we have a vote then to defer?
Rev. Gibson: I move to defer.
Mayor Ferre: This item will then come up at the January llth Meeting, #2 on the
agenda.
Rev. Gibson: I hope the people in Grapeland would be understanding, please.
Thereupon the preceding motion to defer was passed by a unanimous vote of
the City Commission.
Mayor Ferre: You don't have to see me in two years. Hey listen, I'll tell you
what, you want to threaten me now you come back here because I want to deny you
right here. Get all your people so I can do it in front of all of them. Do you
want me to deny them? Come on.
Mr. Plummer: Mr. Mayor, let me say to all concerned and I speak for one, I'm going
to go along, I did go along with the deferment until January llth, 24th, but I'm
going to tell you something, baby, that's the last time.
Major Keith: That's agreeable with us.
Mr. Plummer: Excuse me, George, may I ask a favor of you and I want everybody in
Grapeland to hear it because as moderator of the panel appointed you made a certain
commitment in that meeting which I want you to bring forth before this commission
of what I'll call the indoor range. Do you recall what I'm speaking of? I want
that in a diagram form because I don't think I can intelligently describe what you
offered. I'm not saying they're going to buy it.
Mr. Du Breuill: How the testing would be done inside instead of on the street.
Mr. Plummer: That is correct.
Mr. Du Breuil: We will have it at January 11.
Mr. Plummer: I'm talking about in a diagram form in fairness to you.
Mrs. Gordon: Twenty-fourth, don't get the llth in your mind because the date for
a zoning hearing is the 24th.
Mr. Davis: In the evening.
Rev. Gibson: Now I would hope the people in Grapeland Heights would see that dia-
gram so that when you come you would have been, you know. We face a very serious
problem and I hope all of you would see all of it and get yourselves organized
and together before you get back.
145 DEC 151917
r r
UNIDENTIFIED SPEAKER: Excuse me, is that an evening meeting?
Mayor Ferre: Yes, Mrs. Gentry.
Mrs. Gentry: On the 24th?
Rev. Gibson: Right.
88, DENIAL OF VARIANCE TO PERMIT REMODELING OF NON -CONFORMING STRUCTURE
LOCATED AT 2911 LUCAYA ST.
Mayor Ferre: All right, now we're on Item #8. I hope we can defer this one too.
Are there any objectors to Item 8?
Mrs. Gordon: This was deferred because I requested a deferment so I might look
at the property, Mr. Mayor. I did look at the property.
Mr. W. L. Gautier: If there are any objections from the commission we would ask
for a deferral.
Mayor Ferre: Mrs. Gordon was the one who asked.
Mrs. Gordon: I asked for the deferment, I made a special point of looking at it
and I'm ready for a motion. I would have to uphold the Planning Department and
the Zoning Board's recommendation after inspection.
Mayor Ferre: You're going to uphold which one now? The denial.
Mrs. Gordon:
and.... What
Mayor Ferre:
the denial?
Yes, I have to uphold them. I inspected the area and the property
did you say, J. L.? ...
Wait a moment, is there a second to Mrs. Gordon's motion to uphold
Mrs. Gordon: I concur that the property that was rebuilt in my opinion is not in
keeping with the, it really is too close to the other lot line. I recognize that
you were trying to salvage an older building but as I understand it it is now an-
other unit not just a room, it is an apartment. It is very small.
Mr. Gautier: It originally was what it is now. In that summary that we had given
you there is an affadavit which is #12.
Mr. Plummer: Was there a second to the motion? She has, as I understand it offer-
ed a motion to overrule the department and the board.
Mrs. Gordon: I did not.
Mayor Ferre: See, I didn't understand that. She is with the department.
Mrs. Gordon: I am going with the department.
Mr. Plummer: That isn't what she said.
Mayor Ferre: Yes it is what she said. That's what I said into the record. Mrs.
Gordon moves to uphold the denial.
Mr. Plummer:
Mr. Gautier:
then because
to ask....
I second the motion.
Mr. Mayor and members of the commission, may I ask for a deferral
we do have a summary of what occured last time and I would not like
Mayor Ferre: I tell you it didn't work for the school teacher and I don't think
it is going to work for you either.
Mrs. Gordon: Sir, I asked for this deferral for a very specific reason being that
I wanted to see how the property fit into the neighborhood and what you did whether
or not it was a damaging or good thing for the neighborhood. In my opinion the
department's recommendation is proper and I have been to this property and looked
it over carefully and I came to this conclusion.
Mr. Gautier: May I comment or ask for a deferral then?
mgom.!A..T110.,FIr MIM
146
DEC 151977
Mayor Ferre: Counselor, I'll tell you last time you would have lost this thing
by four votes to one maybe and now you're going to lose it by five votes to zero.
Now I dont' know frankly what you're going to talk about but I'll listen.
Mr. Gautier: Alright, Commissioner Gordon indicates that there has been
a change of this building from its original construction and that is not so, there
is an affadavit of the property's owner who has owned it for thirty years where
it was used as a separate residence at the time that her husband was in the ser-
vices and it has not been changed. What they have merely done is to repair what
was already there. Her affadavit on the index is number 12, Mrs. Gordon and that
one fact I think, as I say they have just repaired and rehuilt what was there.
Mr. Plummer: Counselor, let me ask you a question and let's be fair with each
other. Are you stipulating for the record, sir, that there was not a garage door
that was covered over? A simple answer yes or no.
Mr. Gautier: Sir, I cannot tell you ....
Mr. Plummer: Would you put your client on the record?
Mr. Gautier: I will put the client on the record but I think the affadavit of
the owner for thirty years....
Mr. Plummer: That is not my question, sir. Are you willing to put your client
under oath and on the record to answer the question? That's all I'm asking.
Mr. Gautier: Certainly.
Mr. Taylor: I'll be glad to answer the question. There was a single family dwell-
ing unit there with a garage door as well. There was a portion of it that had a
garage door. But it was a single family dwelling unit there. I've made applicat-
ion for removal of that garage door to enclose it and to put in sliding glass
doors which were done.
Mr. Plummer: Well, so you've answered my question. What you're saying is that
someone lived there with a garage door.
Mr. Taylor: No, if you know the unit, Mr. Plummer, there were four separate rooms
in this particular property.
Mr. Plummer: Right.
Mx. Taylor: For some reason or another it had the old style barn like garage door
on one part of it and that part I put sliding glass doors in. I did not change
anything but put those sliding glass doors in there.
Mr. Plummer: All right, thank you.
The following motion was introduced by Commissioner Gordon who moved
its adoption:
MOTION NO. 77-969
A MOTION TO UPHOLD THE ZONING BOARD'S RECOMMENDATION FOR
DENIAL OF A REQUEST FOR A VARIANCE TO PERMIT COMPLETION
OF REMODELING OF A NON -CONFORMING STRUCTURE ON LOTS 8 AND
9, BLOCK 6, KING PARK 5-112 (2911 LUCAYA STREET).
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
1.47
DEC 151977
89, CONFIRMING RESOLUTION: ACCEPT HOWARD GARY'S MEMORANDUM DATED
DECEMBER 81 1977 ("SUMMARY OF FY-77-78 BUDGET ALTERNATIVES TO
PREVENT LAYOFFS,")
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 77-970
A RESOLUTION ACCEPTING THE DECEMBER 8, 1977 INTER -OFFICE
MEMORANDUM FROM HOWARD V. GARY, DIRECTOR OF MANAGEMENT
SERVICES AND BUDGET, TO JOSEPH R. GRASSIE, CITY MANAGER,
ON THE SUBJECT OF "SUMMARY OF FY'78 BUDGET ALTERNATIVES TO
PREVENT LAYOFFS", WITH THE PROVISO THAT THE CITY MANAGER
REPORT TO THE CITY COMMISSION ON THE CURRENT STATUS OF THE
BUDGET DURING THE FIRST REGULAR CITY COMMISSION MEETING IN
THE THIRD MONTH NEXT FOLLOWING ADOPTION OF THE 1977-78
ANNUAL APPROPRIATIONS ORDINANCE AND EVERY THIRD MONTH
THEREAFTER; FURTHER STIPULATING THAT THE EIGHT UNIFORM
POSITIONS (POLICE AND FIRE DEPARTMENTS) OUT OF A TOTAL
OF 101 CITYWIDE POSITIONS WHICH ARE CURRENTLY CONSIDERED
ELIGIBLE FOR SUBSTITUTION WITH COMPREHENSIVE EMPLOYMENT
AND TRAINING ACT (CETA) POSITIONS BE KEPT FUNDED THROUGH
REGULAR CITY FUNDING SOURCES AND NOT THROUGH CETA FUNDING;
FURTHER STIPULATING THAT THE CITY MANAGER BE INSTRUCTED TO,
IN CONJUNCTION WITH PROFESSOR HARVEY HENDRICKSON, OF THE
FLORIDA INTERNATIONAL UNIVERSITY BUDGET STUDY PANEL, REVIEW
DEPARTMENTAL SEVERANCE COSTS TO DETERMINE IF SUFFICIENT SUR-
PLUSES HAVE BEEN GENERATED IN ORDER TO FILL VACANCIES IN
THE ESSENTIAL SERVICES OF FIRE, POLICE AND SANITATION
DEPARTMENTS; FURTHER PROVIDING THAT CETA MONIES WILL NOT
BE USED AS SUBSTITUTE FUNDING FOR VACANCIES THAT MAY OCCUR
IN THE FUTURE/ AND FURTHER STIPULATING THAT ANY DIFFERENCE
BETWEEN WHAT IS 1978 "PROJECTED SEVERANCE" COSTS AND WHAT
TURNS OUT TO BE "ACTUAL SEVERANCE" COSTS SHALL GO TOWARD
THE PERMANENT FUNDING OF THE ESSENTIAL SERVICES POSITIONS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES:
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre NOES: None.
90, APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1977-78,
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE MAKING APPROPRIATIONS FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1978; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND DIS-
PENSING WITH THE REQUIREMENT OF READING THE SAME ON
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -
FIFTHS OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner
adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following
vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
Gibson, for
NOES; None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gibson, adopted said ordinance by the following vote-
MW
ME
mai
148
DEC 151977
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev,) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8731.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
91, MAKE CERTAIN APPROPRIATIONS OF FEDERAL REVENUE SHARING FUNDS TO
PRIVATE NON-PROFIT AGENCIES CHARGEABLE TO APPROPRIATIONS FOR
FY-77-778,
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-971
A RESOLUTION MAKING CERTAIN ALLOCATIONS OF FUNDS TO THE VARIOUS
PRIVATE NONPROFIT AGENCIES WHICH ARE CURRENTLY RECEIVING FEDERAL
REVENUE SHARING FUNDS FROM THE CITY OF MIAMI, FLORIDA, AND MAK-
ING THOSE ALLOCATIONS CHARGEABLE TO THE APPROPRIATIONS FOR THE
FISCAL YEAR 1977-78.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
92, �PPOINTtENT OF MEMBERS TO THE PLANNING ADVISORY BOARD AND THE
ONING OARD,
Mayor Ferre: All right, now we're on the last item which is the appointments.
Mr. Davis: The terms of the board members expire on December 31st, Mr. Mayor.
Mr. Plummer: For the record there are two members that are up for possible re-
appointment, is that correct?
Mr. Davis: On the Zoning Board there are two members that are up for reappointment,
there is no alternate since the alternate was appointed to fulfill Walker's term.
The members of the Zoning Board whose terms are up for reappointment or new appoint-
ments are Mrs. Alicia Baro and Mrs. Basila, Gloria Basila. On the Planning Advisory
Board those up for reappointment or new appointment are Mrs. Lichtenstein, Cyril
Smith and William Rolle who was the alternate. These are each for three year terms.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-972-A
A RESOLUTION REAPPOINTING MARY LICHTENSTEIN AND CYRIL SMITH
AS REGULAR MEMBERS AND APPOINTING RICHARD H. ROSICHAN AS AN
ALTERNATE MEMBER OF THE PLANNING ADVISORY BOARD, ALL FOR
THREE-YEAR TERMS, BEGINNING JANUARY 1, 1978.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre
NO1ES � None.
DEC 151977
The following resolution was introduced by Commissioner Gordon, who totted
its adoption:
RESOLUTION NO. 77-972-B
A RESOLUTION REAPPOINTING ALICIA BARO AND GLORIA BASILA AS
REGULAR MEMBERS AND APPOINTING JOSE A. VILLALOBOS AS AN
ALTERNATE MEMBER OF THE ZONING BOARD, ALL FOR THREE-YEAR
TERMS, BEGINNING JANUARY 1, 1978.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre NOES: None.
93. CONFIRMING ELECTED MEMBERS TO THE CIVIL SERVICE BOARD OF THE
ELECTION HELD DECEMBER 9, 1977,
Lt. Don March: Mr. Mayor, while they're doing that I just wanted to make some
comments concerning the earlier resolution that appeared and the authoriship and
everything. in all fairness I owe an apology to the City Manager for something,
for what it appears to be if he can understand that. I found out that the next
meeting wouldn't be until January llth. I said what about seating the people on
the Civil Service Board and I was told that you needed a resolution and I was
told that there was something in the way of a canvassing that had to occur that
is to be done by the City Manager. I went to the records out there, got the old
resolutions and drafted something, gave it to Mr. Knox, said is this the kind of
thing that needs to be accomplished and he said yes. I went to the City Manager...
Yes, sir? I've already talked to him. I told him I wanted to tell you this so
that you would understand.
Mr. Plummer: You screwed up.
Lt. March: No, I didn't exactly screw up, I screwed up a little bit tactically,
maybe. But seriously, it wasn't my intent to subvert him, I was trying to facil-
itate... I didn't want it to happen that way and I didn't want it to look like
what it looked like, I really didn't.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 77-973
A RESOLUTION CONFIRMING ROBERT PAUL AND T.J. DUGGAR, JR., AS
MEMBERS OF THE CIVIL SERVICE BOARD OF THE CITY OF MIAMI, SUB-
JECT TO THE FORMAL CANVASS OF THE ELECTION RESULTS BY THE CITY
MANAGER.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A. Ferre NOES: None.
Mr. A. G. Sherman: Mr. Mayor, may I make one comment on this? I'd like to say
that I'm not going to oppose what was just done but I do think it was somewhat
distasteful in the manner it was done on the eve of an election. Now you had a
person which was a human being regardless of what the feelings or sentiment or
anything else involved....
Mayor Ferre: Who are you talking about, Pat?
150
DEC 1 51977
i
Mr. Sherman: Yes, I am. And I'm telling you there was six days of work put into
this and a lot of money and expense and if this was known possibly, you know an
earlier date would have caused a lot less problems for the person's personal
feelings. This is the only thing I wanted to say, I'm not going to challenge
it. If they take action that's their own concern but I feel it wasn't the right
thing to do.
Mayor Ferre: Do you know Pat's phone number so we can call her?
Mr. Sherman: No, I don't.
Mr. Plummer: ...being fair and I'm sure that's what you're doing.
Mr. Sherman: I'm just saying I don't think the process that was used, I'm not
contesting it, if she takes legal action that's her prerogative....
Mr. Plummer: What I'm saying to you is I agree, unfortunately we did not have a
meeting until today.
Mr. Sherman: Yes, I agree to that but possibly the individual should have been
notified other than being out campaigning and then get word while she's in the
field to the extent of what action was taken.
Mr. Plummer: A. G., so we also understand each other, but up until this morning
when Grassie passed to me another memorandum it was my understanding that the run-
off was in motion. That was until this morning. Now this morning's memo changed
that posture. That posture said no run-off and this is the first opportunity we,
the commission have had to do anything about it.
Mr. Sherman: Right. I don't know where the blame lies I'm just saying that I
feel it was distateful, the time element concerned.
Mrs. Gordon: A. G., yes it's late and all that but you know the memorandum came
out this morning.
Mr. Sherman: Yes, ma'am, I'm aware of that. I'm only looking at it not taking
sides or anything else I'm just saying whether it was Bob Paulk or Duggar or my-
self involved or a member of the commission in a similar election and this process
was used I'm sure that you as individuals if you were the party you would have
been concerned and upset about it also and I would just like to relate since she
is not here that I feel what her feelings are and the feelings of I'm sure a lot
of General Employees.
Mrs. Gordon: Let me say had she been one of the two top ones the same thing would
have been done, nothing different because of individuals, it's the process that
counts and I think if we're going to take this into an individual posture then we're
being unfair to everybody. You know
Mr. Sherman: I realize that. I'm just saying that I'm looking at a person's feel-
ings, not at the person....
Mrs. Gordon: Anybody that loses an election feels bad and I'll say it, it happens
to the best of us.
Mr. Sherman: I'm not saying losing, I'm sure anybody is willing to accept defeat
but not when you think you're in a run-off and running again and put in a lot of
money, time and effort and then on the eve of the election say, "Hey, you're out
of it." That's all I'm saying. Thank you.
Mayor Ferre: Hey, I happen to agree with you.
There being no further business to come before the City Commission, the meeting
was adjourned at 1:00 O'Clock A.M.
Maurice A. Ferre
MAYOR
A'1'1'.lST: Ralph G. Ongie
City Clerk
Matty Hirai
Assistant City Clerk
151 4, - DEC 151977
ITEM NO.
10
11
12
13
14
15
16
17
CITY F IWAMI
DOCUM
DOCUMENT IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
ORDERING AT,TAPATTAII SANITARY SEWER Ih7PROVEMENT SR- 5433-
C
ORDERING MANOR SANITARY SEWER IMPROVEMENT SR-5437
ACCEPTING THE COMPLETED WORK PERFORMED BY WILLIAMS
PAVING COMPANY, INC. AT A TOTA'1L COST OF $144,539.43
ACCEPTING THE COMPLETED WORK PERFORMED BY L.C. MORRIS,
INC. AT A TOTAL COST OF $234,704.52
ACCEPTING THE COMPT,FTED WORK PERFORMED BY D.M.P. COR-
PORATION AT A TOTAL COST OF $17,770.00
AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUB-
LIC ITEARING FOR OBJECTIONS TO THE ACCEPTANCE BY T13E
CITY CO?MISSION OF THE COMPLETED CONSTRUCTION OF BIS-
CAYNE WEST II IGI IWAY IMPROVEMENT fI-4 390
RELEASING THE; APRIL 2 , 1964 COVENANT TO RUN WITH THE
LAND RELATING 'IU TILE TEMPORARY SAN ITARY SEWER SYSTEM
SERVING APARTMENT BUILDING AT 2585 SOUTH BAYSHORE DR.
ACCEPTING THE OCTOBER 10, 1977 DEED OF DEDICATION FROM
BOULEVARD NATIONAL BALK, TRUSTEE, CONVEYING A 5 POEYF
STRIP OF RESERVED ZONED WIDTH RIGHT OF WAY FROM A LOT
LOCATED ON THE WEST SIDE OF N . W . 2ND AVENUE .
ACCEPTING THE JULY 14, 1977 DEED OF DEDICATION FROM
VICTOR H. HERNANDEZ AND ELISA HERNANDEZ
CLOSING THE FOLLOWING STREETS TO THROUGH 'TRAFFIC ON
SAID DATES DARING SPECIFIED HOURS
CLOSING A PORTION OF MAIN HIGIIWAY TO THROUGH TRAPPIC
ON DECEMBER 30, 1977, BE1WEEN 6:00 PM AND 8:30 PM.
ACCEPTING A REIMBURSEMENT GRANT OF UP TO $25,000 FROM
DADE COUNTY FOR THE REPAIR RECONSTRUCTION OF THE SC)l'TH
GROVE I3ICYCLE PATE I
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRAFT AWARD
FRC» METROPOLITAN DADE COUNTY FOR A KWANZA FESTIVAL,
APPROVING THE GRANTING OF APPROPRIATE EASEMENTS 'IV) TE II
MIAMI-DAD; WATER AND SEWER AUTHORITY FOR TEIF CONSTRUC-
TION AND MA INTENANCE OF A 16-INCH FORCE 'FAIN ACROSS
BISCAYNE BAY
CONFIRMING ORDERING RESOLUTION NO. 77-847
AUTIHORI Z I NG THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH CHARLES DE LUCCA, JR.
MEETING DATE:
COMMISSION
ACTION
RETRIEVAL
CODE NO.
0001
R-77-904 77-904
R-77-905 77-9p5
R-77-906 77-906
R-77-907 77-907
R-77-908 77-908
R-77-909
R-77-910
R-77-911
R-77-912
R-77-913
R-77-914
77-909
77-910
77-911
77-912
77-913
77-914
R-77-915 77-915
R-77-916 77-916
R-77-920 77-920
R-77-921 77-921
R-77-923 77-923
OCU M NT'IN
TEM NO. DOCUMENT IDENTIFICATION
24
25
26
27
28
29
30
31
32
33
34
3
ISSUING A DEVELOPMENT ORDER (A COPY OF WIIICII IS AT-
TACHED I IERETO AND MADE A PART HEREOF ) FOR THE OMN I -
PLAZA VENETIAMARINA
RESCHEDULING THE REGULAR CITY COMMISSION MEETINGS OF
JANUARY 19, AND JANUARY 26, 1978 TO TAKE PLACE ON
JANUARY 24, 1978
ACCEI1'ING THE PLAT ENTITLED ST. ALBAN'S SUBDIVISION
ACCEPTING THE BID OF JULES BROS. UNIFORMS, INC.
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
AGREEMENT WITH MIMI BRIDGE PROGRAM -CATHOLIC SERVICE
BUREAU, INC.
AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACH-
ED COLLECTIVE BARGAIN AGREEMENT BE'TTWEEN THE CITY
OF MIAMI AND THE EMPLOYEE ORGANIZATION KNC7M AS THE
"SANITATION EMPLOYEES ASSOCIATION, INC.
AUTI IORI Z ING THE C ITT MANAGER 'IC) EN I'ER INTO AN AGREEMENT
I,TITII FAUSTO COME Z, FOR HIS PROFLSSIONAL SRVICES.
AUTHORIZING THE CITY MANAC FR 710 EXECUTE AN AGREEMENT
WITH FRANK J. COBO, FOR IIIS PROFESSIONAL SERVICES
AUTHORIZING TIIE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH FRANK J. COBO, FOR IIIS PROFESSIONAL SERVICES.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITII LEVI TAN DESIGN ASSOCIATES INC.
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACKED
AGREEMENT WITH CATIIY INGRAIHAM WIIPi'E FOR OPERATION OF
THE F'OOD AND BEVERAGE CONCESSION AT EDISON PARK FOR
THE DEPARTMENT OF PARKS AND RECREATION
APPROVING THE OFFICIAL STA'I` MENT FOR TI-IE $14,040,000
BONDS OF 'THE CITY OF MIAMI
RATIFYING AND CONFIRMING TIIE EMERGENCY PURCHASE OF
PRINTING OF THE FINANCIAL PROSPECTUS REQUIRED BY THE
DEPARTMENT OF FINANCE AS A PART OF THE $14,040,000
GENERAL OBLIGATION BOND SALE.
ACCEPTING Ti IE PLAT IITITLED BASADRE
ACCEPTING THE PLAT ENTITLED IIEPJI SUBDIVISION.
AUTHORIZING TIIE CITY MANAGER TO PURCIIASE IN LIEU OF
CO?NIDEMNATION, FOUR LOPS COMPRISED OF 24,200 SQ. FT. ,
M/L, WITIE A DUPLEX APARIMENT ON ONE LOT.
AUTHORIZING TIIE CITY MANAGER TO PURCHASE IN LIEU OF
CONDEMNATION , VACANT PROPERTY COMPRISED OF 7170 SQ.
F"T .
AUTHORIZING THE CITY MANAGER TO PURCHASE IN LIEU OF
CONDEMNATION, A DUPLEX AND IJJYT CC PRISED OF 20,192
SQ. FT.
COF 1SSTN
ACJION
R-77-924
R-77-926
R-77-927
R-77-928
R-77-930
R-77-931
R-77-932
R-77-933
R-77-934
R-77-935
R-77-936
R-77-938
R-77-939
R-77-940
R-77-941
R-77-942
R-77-943
R-77-944
RETRIEVAL
Q9D;
77-924
77-926
77-927
77-928
77-930
77-931
77-932
77-933
77-934
77-935
77-936
77-938
77-939
77-940
77-941
77-942
77-943
77-944
NT'INDEX
TEM NO.
DOCUMENT IDENTIFICATION
Ilemomumesseleseueem
C 'HK ST N
T?nN
RETRi nA L
CODE NO.
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
ALLOC'.ATING POLICE AND CRIME PREVENTION BOND FUNDS IN
THE AMOUNT OF $195,000 TO FUND CIVIL SERVICE: POSITIONS
CONFIRMING TILE ACTION OF MAYOR AND CITY CLERK IN
SIGNING THE NOTE TO BORROW TI I[ti' SUM OF THREE HUNDRED
TNEN'I'y-FIVE THOUSAND ($325,000) DOLLARS FROM THE CITY
NATIONAL BANK OF' NLIALI
RATIFYING THE ACTION OF THE CITY MANAGER IN E,`:TENDING
AN AGREKMENT WITII FLORIDA A&M UNIVERSITY FOR TILE USE
OF THE ORANGE BOWL STADIUM FOR THE PURPOSE OF PLAYING
THE ANNUAL ORANGE BLOSSOM CLASSIC FOORTBALL GAME.
AUTHOR' ORI Z ING THE DI RECTOR OF FINANCE TO ACCEPT THE SUM
OF $380.64 IN FULL AND COMPLETE SLPI'I'IENT IN THE
CLALM OF THE CITY OF MIAMI VERSUS MELVIN AR'I'[iUR
BURSTEIN.
CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER
IN ACCEPTING TIIE BID AND EXECUTING THE CONTRACT FOR
THE ADMINISTRATION BUILDING.
ACCEPTING TIIE BID OF GASTON LANDSCAPE COMPANY, INC.
ACCEPTING THE i3ID OF ROSSER ELECTRIC COMPANY, INC.
ACCEPTING TILE I3ID OF RINKER MA'Ir RIAI.S CORP
ACCEPTING THE FOLIAWING BIDS FOR FURNISHING FERTILIZER
FOR TILE DEPARTMENT OF PARKS AND RECREATION.
ACCEPTING THE I3ID OF FLORIDA SILICA SNAD COMPANY FOR
FURNISHING 1,000 CUBIC YARDS OF RED CLAY FOR THE
DERARINENT OF PARKS AND RECREATION
ACCEPTING T1IE BID OF HUI3ERT H. HANSON & ASSOCIATES FOR
FURNISHING CONCRETE FURNITURE AND WASTE CONTAINERS FOR
THE DEPARTMENT OF COMMUNITY DEVELOPMENT
ACCEPTING THE BID OF KELLERS CUS'I9M UPHOLSTERING
FOR FURNISHING PADDED WALL COVERING IN THE GYMNASIUM
FOR THE DEPARTMENT OF POLICE
WAIVING COMPETITIVE BIDDINF FOR THE CONTINUING OF
SYSTEMATIC MAINTENANCE AND EMERGENCY SERVICES FOR
THE EXISTING INITEGRATED PROTECTION SYSTFN AT TIIE CITY
OF MIAMI POLICE STATION
APPROVING, CONFIIMING, AND RATIFYING THE ACTION OF TIIE
CITY MANAGER IN GIVING A FIRM ORDER TO THE SOUTHERN
BELL TELEPHONE AND TELEGRAPH COMPANY
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ROSA
GUZMAN, MUM' TIIE ADMISSION OF LIABILIT'Y', THE SUM OF
TWELVE HUNDRED FIT'"l'Y DOLLARS ($12 50.00) IN FULL AND
COMPLETE SI.'I`I'UEMENT OF I IER CLAIM AGAINST THE CITY
OF NLIAMI
ALFDIORIZING TIIE DIRECTOR OF FINANCE TO PAY TO LAURIE
C. ASSAEL ADMISSION OF LIABILITY, TIIE SUM OF
$6,645.00 IN FULL AND COMPL'II. SETPLEMENT OF ALL
BODILY INJURY
R-77-945
R-77-946
R-77-947
R-77-949
R-77-950
R-77-951
R-77-952
R-77-953
R-77-954
R-77-955
R-77-956
R-77-957
R-77-958
R-77-959
R-77-960
R-77-961
77-950
77-951
77-952
77-953
77-954
c►.
UIVIENTIN DEX
TEN NO. DOCUMENT IDENTIFICATION
52
53
54
55
56
GRANTING AN VARIANCE FROM ORDINANCE NO. 6871, AM ICLE
XXVIII, SECTION 1(3) (b) , PERMITED COMPLE'TION OF A NON-
CONFIPNING STRUCTURE EXCEEDING 20 OF THE ASSESSED
VALUE ON LOTS 8 AND 9, BLOCK 6, KING PARK
ACCEPTING Tiff] DECEMBER 8, 1977, INTER -OFFICE MEMORANDUM
FROM HaqARD V. GARY , ON THE SUBJECT OF "SUMMARY OF FY'
78 BUDGET AL'I'LRNATIVES TO PREVENT' LAYOFFS".
MAKING CERTAIN ALLOCATIONS OF FUNDS TO TIIC VARIOUS
PRIVAM NONPROFIT AGENCIES WHICHH ARE CURRENTLY RE-
CEIVING FEDERAL REVENUE SHARING FUNDS FROM THE CITY OF
MI'AMI AND MAKING THOSE ALLOCATIONS CHARGABLE TO THE
APPROPRIATIONS FOR THE FISCAL YEAR 1977-78
REAPPOINTING MARY LICIITENSTEIN AND CYRILL SMITH AS
REGULAR MEMBERS AND APPOINTING RICIHARD II. ROSICHAN AS
AN ALTERNATE MEMBER OF THE PUNNING ADVISORY BOARD.
CONFIRMING ROBERI' PAULK AND T.J. DUGGAR JR. AS M] 3ERS
OF THE CIVIL SERVICE BOARD OF THE CITY CF MIAMI
cOM"4i SSIbN
R-77-969
R-77-970
R-77-971
R-77-972-A
R-77-973
RETRIEVAL
77-969
77-970
77-971
77-972-A
77-973