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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, 99 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 100 DEC 151977 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. rom4r mfr+wrPAiiT1g7+10 moArt+,r9p 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 102 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 103 DEC 151977 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. IOC DEC 151977 '46 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 A 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 108 DEC 151977 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 109 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 !! ! 110 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 112 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 113 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. 114 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. 118 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