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HomeMy WebLinkAboutCC 1976-03-04 MinutesOF MIA 0 1 NCORPoRATE1) 18R96 OMMISSION M1NUTES OF MEETING HELD ON MAR • 41976 PREPARED BY THE OFFICE OF THE: CITYY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RLPNG, ONGIE ASSISTANTCITY CLERK MINUTES OF REGULAR MEETING CITY FISSION OF MIAMI, FLORIDA ALLOCATE $1,400.00 to NORA SWAN to represent city01 salary with School Board) for BICENTENNIAL ACTIVITIES 2. "911" EMERGENCY TELEPHONE NUMBER 3. ` TAX ABATEMENT- Resolution passed by the National League of Cities 4. CONDOLENCES TO family of BOB SCANLON 5. REFER TO MEMORIAL COMMITTEE a suitable memorial to BOB SCANLON 6. SAN DIEGO TRIP for SUPER BOWL BID 7. CITY MANAGER TO PREPARE PACKET FOR R.Gordon Committee on Employment & Income Security 8. BOXING PROGRAM - Appearance Elizabeth Virrick Assistance for National Boxing Tournament in the Orange Bowl 9. y PROPOSED ORDINANCE AMENDMENT Article VII-Low Density Multiple R-3 10. ORD.AMD.Art.XIV SEC 1. C-2 Districts 11. POLICY STATEMENT - Request Planning Depart- ment to prepare necessary legislation to insure full public disclosure, history etc. on proposed changes to zoning ordinance 12. PUBLIC HEARING - Uniform hours of sale of ALCOHOLIC BEVERAGES -LIQUOR BARS for consump- tion on the premises 13. ACCEPT PLAT - Douglas Gardens SUB. 14. ACCEPT COMPLETED WORK - City Hall Air Cond- itioning Improvements - PHASE II 15. AUTHORIZE CITY MANAGER TO NEGOTIATE AGREEMENT NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT INC (Man in Washington) 16. AUTHORIZE MANAGER TO ENTER INTO AGREEMENT Peat,Marwick Mitchell & Co. FINANCIAL MANAGEMENT SYSTEM FOR CITY OF MIAM 17. SET DATE AND TIME FOR SEMI ANNUAL PUBLIC HEARING ON TRANSFERS OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY 18. AMEND ORDINANCE 8464- include anticipated revenue of $47,620 for FEES- Specialized Rec.Classes-Dept.of Parks & Recreation 19, DISCUSSION- Part time GOLF starters at GOLF COURSES 20. CLAIM SETTLEMENT - I3ERONA LE'')N ORDINANCE OR RESOLUTION NO M76-236 1=2 DISCUSSION 2 DISCUSSION M76-237 M76-238 DISCUSSION M76-239 DEFERRED 4=9 9=10 FIRST READ. 11. M76-240 M76-241 R76-242 R76-243 R76-244 R76-245 R76-246 ORD, 8527 M76-247 11=13 13=29 29 30 30 31 31 32 32=36 R76-248 36 lea MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA re NO ` SUBJECT 21. AUTHORIZE APPROPRIATION- $45,000.00 SCULPTURE FOR BICENTENNIAL PARK 22. APPOINT MEMBERS TO AFFIRMATIVE ACTION ADVISORY BOARD 23. RENEW CONTRACT - Phil Hammersmith Administrative Assistant to the Mayor 24. PERSONAL APPEARANCE - Mr. Pallott Request for appointment of an Exec.Director of the Beautification Committee 25. 41,26 . 27. 28. 29. 30. 31. 32. 410 33. 34. 35. 36. 37. 38. Appoint ZELMA STARKEY to City of Miami Ecology and Beautification Committee MOTION OF INTENT TO RENEW BUILDING PERMIT Mr. Arango-continue with proposed develop. MODEL CITIES COMPREHENSIVE DEVELOPMENT PLAN PROCLAMATION- Home Furnishings Bicentennial RECOGNIZE ESTABLISHMENT OF ECONOMIC DEVELOP- MHNT COMMITTEE-M.L.KING BLVD.Business Assn. AWARD BID - Elevator Maintenance PROCLAMATIONS AND SPECIAL ITEMS REFER TO CITY MANAGER AND CITY ATTORNEY FOR STUDY AND REPORT: St. ZENOZ M.P.D. Disability Application MOTION OF INTENT TO PROVIDE SEED MONEY- $7,500 - ASSIST LATIN CHAMBER OF COMMERCE CHAMBER OF COMMERCE OF AMERICAS CONVENTION PROVIDE 1000 COPIES OF "MIAMI OLE" BROCHURE See item 33 FIRST METHODIST CHURCH PROPERTY Possible Acquisition PRESENTATION BY EDWARD D. STONE & ASSOCIATES plans for BOULEVARD FRONTAGE - north portion of BAYFRONT PARK REQUEST PLANNING DEPARTMENT TO STUDY ORD.AMD. permit SIDEWALK CAFES in LITTLE HAVANA AREA Revise ARTICLE VII-LOW DENSITY MULTIPLE R-3 DISTRICTS SEC 1 & 4-allow exceptions to height limit 39. AWARD BID - Tote Containers 40, AWARD BID - BOCCIE COURTS Legion Mem.Park, ORDINANCE OR RESOLUTION NO, PAGt NO R76-249 M76-250 M76-2'51 M76-252 M76-253 M76-254 M76-255 R76-256 R76-257 M76-258 M76-259 M76-260 DISCUSSION M76-261 M76-262 FIRST READ, R76-263 - R76-264 - 36 37 37 37=38 38 39=40 40 41 41=42 42=43 43 44=47 47=49 49 50 DIM MINUTES OF REGULAR MEETING NG CITY COMMISSION OF MIAMI, FLORIDA ITEM NO SUBJECT 41. AWARD BID REROOFING AT THE CITY HALL 42. CONFIRM NOMINATION OF H. GORDON WYLLIE TO OFF-STREET PARKING BOARD 43. ? AUTHORIZE INCREASE IN SCOPE OF CONTRACT M. R. HARRISON CONSTRUCTION CORPORATION Bicentenniel park (SENSORY GARDEN) 44. CONFIRM ACTION OF THE CITY MANAGER SUBMIT GRANT APPLICATION -fine arts of Fla. "ARTISTS IN RESIDENCE PROGRAM" 45. ¢ MIAMI CAREER DEVELOPMENT PROGRAM 4 Manpower Planning Council 46. AMEND CHAPTER 38 OF THE CITY CODE Identification Card -Issuance Contents Fee ID 47. AMEND SECTION 3-49 OF THE CITY CODE Increase fees for Identification Cards 48. j AMEND SECTION 34-21.1 OF THE CITY CODE Increase Storage Charges -CITY AUTO POUND 49. AMEND SECTION 43-8 OF THE CITY CODE Increase fees for furnishing of information from Police Records 50. AMEND SECTION 56-134 (A) ART 5 CHAPTER 56 OF THE CITY CODE (Chauffeur Regis.License) Taxicabs and other Vehicles FOR HIRE 51. AMEND CHAPTER 56 OF THE CITY CODE Taxicabs and other vehicles FOR HIRE (Increasing fees for issuance of certificated FIRST READ. ORDINANCE OR RESOLUTION NO, R76265 R76-266 R76-267 R76-268 R76-269 FIRST READ. FIRST READ. FIRST READ. FIRST READ. FIRST READ. 52. CONDEMNATION TO CARLOS B. FERNANDEZ preparation of'brdchures for Miami Public Housing Bond Issue 53. AMEND SUBSECTIONS B-C-D OF THE CITY CODE SEC. 39-1 Increase fees for use of recreational facilities 54. Use of "KILNS" by senior citizens - Exemption those Sr.Citizens unable to pay fees and discussion of delivery dates of KILNS to various parks 55. AMEND SUBSECTIONS B of SEC. 39-2 OF THE CITY CODE: Increase fee schedules for use of BANDSHELL, TORCH OF FRIENDSHIP & SHOWMOBILE 56. REQUEST BOARD OF COUNTY COMMISSIONERS TO WAIVE FEES FOR DADE COUNTY AUDITORIUM -- Marathon Community Appeal for assistance EARTHQUAKE VICTIMS OF GUATAMALA 57, AUTHORIZE AND RATIFY EXPENDITURE OF $969,28 promotional expenses for MARATHON for EARTHQUAKE VICTIMS OF GUATAMALA M76-270 FIRST READ. M76-2 71 FIRST READ R76-272 R76-273 PAGE NO, 58 59 59=60 60 61 61=62 63 63 64 65 65 66 66=67 68=69 69=70 70 70 Ohl INDEI MINUTES OF REGULAR MEETING CITY EMISSION OF MIAMI, FLORIDA ITEM NO SUBJECT ORDINANCE OR RESOLUTION NO. PAGE NO. 58. i ALLOCATE $10,000 FROM CONTINGENCY FUND EXPENSES FOR PUBLIC INFORMATION -SPECIAL BOND ELECTION IN TIIE CITY OF MIAMI 59. MISCELLANEOUS DISCUSSION- METRO BOND BROCHURE PUBLIC HOUSING EDITORIAL AND PAY RAISES FOR COMMISSIONERS 60. REQUEST FREE USE OF GUSMAN HALL for recital by HERTA SINGERMAN 61. T TAKING OF F.E.C. PROPERTIES DIRECTING CITY ATTORNEY TO PROCEED 62. RATIFY ACTION OF THE CITY MANAGER AUTHORIZE PAYMENT OF $1,310 FOR TESTS AT NORTH STACK OF 20TH STREET INCINERATOR 63. CONFIRM ACTIONS OF THE CITY MANAGER SUBMIT FEDERAL GRANT APPLICATION- DEPARTMENT OF JUSTICE, LAW ENFORCEMENT, ASSISTANCE ADM. (TRICULTURAL PROGRAM) 64. ' AUTHORIZE AMUSEMENT RIDES PERMIT EDISON CENTER MASONS-N.W. 54 ST & 12 AVENUE 65. WAIVE CITY SHARE OF PAYPHONES INSTALLED BY SOUTHERN BELL-MARCH'OF DIMES CAMPAIGN 66. MOTION OF INTENT TO PERMIT CITY MANAGER ENGAGE IN BIDDING PROCESS UP TO APPRAISED VALUE FOR 2 LOTS IN AREA OF CITY PROPOSED CONVENTION CENTER 67. VISIT ATLANTA TO VIEW PROGRESS OF THEIR DOWNTOWN DEVELOPMENT AUTHORITY 68. MOTION OF INTENT TO PAY TRAVEL EXPENSES OF COMMISSIONER ROSE GORDON TO WASHINGTON,D.C. NATIONAL LEAGUE OF CITIES 69. MOTION OF INTENT TO PAY TRAVEL EXPENSES COMMISSIONER ROSE GORDON TO ATTEND AREA -WIDE PLANNING ADVISORY COMMITTEE 70. ALLOCATE $389,032.00 EQUITABLE LIFE INS.CO. GROUP LIFE AND HEALTH INSURANCE FOR EMPLOYEE INCREASE PREMIUM BALANCE OF FISCAL YEAR ETC. ' 71. ACCEPTING $25,000.00 LEAS CAMPBELL CONCERT ORANGE BOWL AUGUST 1;, 1974 AMERICAN FIDELITY FIRE INSURANCE COMPANY 72. REQUEST OFF-STREET PARKING TO WAIVE PARKING METER CHARGES IN CONNECTION WITH NATURALIZ- ATION CEREMONIES BAYFRONT PARK AUD, JUL 4. 73. PROVIDE DATE FOR PUBLIC HEARING- TRAFFIC FLOW -general area of BAY HEIGHTS 74. REQUEST CITY MANAGER TO OBTAIN FROM DADE CO, DETAILED ANALYSIS OF BENEFITS CITY WILL RECEIVE FROM DADS COUNTY -DECADE OF PROGREB$ BONDS R76-274 DISCUSSION DISCUSSION R76-275 R76-276 R76-277 R76-278 M76-279 M76-280 DISCUSSION M76-281 M76-2 82 R76-283 R76-284 R76-285 R76-286 R76-287 71 71=73 73 73-77 77 78 78 79 79=80 80 80=81 81 81 82 82 83' 83 ITEM NO SUBJECT 75. 76. 77. Obi DUX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA INSTRUCT CITY ATTORNEY TO DISMISS PETITION POR CERTIORARI IN LITIGATION MEYERS VS. THE CITY OF MIAMI AUTHORIZE DIRECTOR OP FINANCE TO PAY CESAR MANUEL PEREZ (CLAIM SETTLEMENT) REQUEST CITY ATTORNEY TO PREPARE LEGISLATION CITY TO CONTROL ALL ESTABLISHMENTS THAT DISPENSE ALCOHOLIC BEVERAGES THROUGH ADMIN- ISTRATIVE PROCEEDINGS INSTEAD OF ONLY NIGHT CLUBS ADJOURNMENT ORDINANCE OR RESOLUTION NO, R76=288 R76-289 M76-290 PAGE NO. 84 84 85 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA ******** ON THE 4TH DAY OF MARCH, 1976, THE CITY COMMISSION OF MIAMI, ELOIDA MET AT 171 REGULAR MEETING PLACE IN THE CITY HALL, 35uu VAN AMERICAN DRIVE, MIAMI,1LORIDA IN REGULAR SESSION. THE MEETING WAS CALLED TO ORDER AT 9:05 O'CLOCK A.M. BY AYOR MAURICE A. t-ERRE WITH THE FOLLOWING MEMBERS OF THE LOMMISSION FOUNI2 TO BE PRESENT: LOMMI SS I ONER M NO1.O REBOSO COMMISSIONER J. FLUMMER, JR. COMMISSIONERft .REV THFODORE GIBSON VICE -MAYOR ROS bQQRDON MAYOR MAURICE A. I-ERRE ALSO PRESENT: Pi W. ANDREWS, CITY MANA ER A. P. LROCH ASSISTANT CITY MANAGER JQHN 6. LLOYD, LITY HT ORNEY H D SOUTH�[RN, LITY LERK RALPH b. ONGIE, ASSISTANTLITY CLERK AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG. A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED AND SECONDED AND WAS PASSED UNANIMOUSLY. 1, ALLOCATE $1,400.00 TO NORA SWAN TO REPRESENT ONE HALF SALARY KITH SCHOOL BOARD FOR BICENTENNIAL ACTIVITIES Mayor Ferre: Miss Swan, we'll recognize you shortly. As I under- stand it, Mr. Andrews, members of the Commission, the School Board, the contract that we have with the School Board for the help and services of Nora Swan expire on the 21st day of June. Why don't you explain it, Nora. Nora Swan: The funding for teachers on special assignment for the Bicentennial has been cut by the School Board and there was a meet- ing the other day, they said that if I am to continue during the summer months, if the City would be willing to back up my salary about half, then I would be able to work during the summer months... Mayor Ferre: How many months would that be? Miss Swan: That would be for a 9 week period of time, about 2 and one half months. Mayor Ferre: For two and a half months and that would cost the City how much? Miss Swan; $1400. Mayor Ferre: Alright, what's the will of this Commission? Mr. Plummer; So moved. Mayor Ferre; Moved and seconded. Further discussion? Call the roll, MAR 41976 theteupon, the following motion was introduced by ,Cofnmissioner nutter who moved its adoption MOTION N0. 76,.216 MOTION O' INTENT TO ALLOCATE THE SUM OF $1,400.00, REPRESENTING ONE-HALF THE SALARY PAID TO FORA SWAN BY THE SCHOOL BOARD FOR A PERIOD OF NINE VEERS; IN ORDER THAT SAID NORA SWAN MAY CONTINUE HER ACTIVITIES IN CONNECTION WITH THE BICENTENNIAL CELEBRATION Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev..) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 2, "911" EMERGENCY TELEPHONE NUMBER - DISCUSSION • Mayor Ferre: Any other pocket items to come up before we get into our regular agenda? Mr. Plummer: Mr. Mayor, I have a couple if I can overcome that hammer. Mr. Mayor, I want to bring to the attention of thid Commission an item which this Commission has worked on for some time in cooperation with Metropolitan Dade County as it relates to "911". The Joint Committee which was appointed has worked out and became we are trying to get the state to fund "911", there seems to be a problem and merely I am trying to establish for the record that all of the muni- cipalities which under state mandate you must have a "911" plan by 1977, have agreed and concurred with the latest findings of the state and what I'm announcing to you this morning is that for some reason, Metropolitan Dade County has not seen fit to follow through and place their order with Southern Bell in accordance and with the dictates of the state mandate. All I'm telling you is that your City and al the rest of the cities of Dade County have followed through and placed orders with Southern Bell to comply with the mandate of 1977 for "911" and I want the record to be clear that for some reason unknown to me, Metropolitan Dade County is the one who has taken a position of not placing their order with Southern Bell which conceivably will hold up or even stop the "911" program so I want to put that on the record and make you aware. 3, TAX ABATEMENT DISCUSSION RESOLUTION PASSED BY NATIONAL LEAGUE OF CITIES Mr. Plummer: Also, Mr. Mayor, I want to tell you that on Monday and Tuesday, in Tampa, as you and the rest of this Commission requested, Father Gibson and I were successful in getting the Florida League to address the problem of tax incentive and tax abatement. They did it in the broadest of terms that they will work for and support a con- stitutional amendment for this type of program. There was a diversity of thinking as to the actual ingredients of what the wording should be but they will work for and support such a program. There was a resolution as part of the legislative policy of the Florida League of Cities. 2 MAR le41976 CONDOLENCES TO FAMILY OP BOs SCANLON the restffiof:youlwillltoid know. irs. Gordon would likebtoore offeriaaft that SO that _ tiotiott at this time that we send to the family of Mr. Bob who Scanlon. came here in a wheelchair requesting monies for the Cerebral who passed away last week and I would like to offer a motion at this time that we send the appropriate condolences to his family. Mrs. Gordon: Second, Mayor Ferret Motion by Mr. Plummer, seconded by Mrs. Gordon. Further discussion? Call the roll. Thereupon, the following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-237 MOTION OF CONDOLENCES TO THE FAMILY OF THE LATE ROBERT SCANLON Upon being seconded by Vice -Mayor Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. MEMORIAL TO BOB SCANLON IN RECOGNITION 5, REFER TO MEMORIAL COMMITTEE OF HIS WORK WITH LEREBRAL PALSY Mrs. Gordon: I would like to make mention, also I think with your concurrents, J. L., that we ask our Memorial Committee to find a suitable memorial for this man did so much good in this community working with the youth. Mayor Ferre: Motion by Rose Gordon, seconded by Plummer. Further discussion? Call the roll. Thereupon, the following motion was introduced by Vice -Mayor Gordon who moved it's adoption: MOTION NO. 76-238 MOTION TO REQUEST THE MEMORIAL COMMITTEE TO RECOMMEND A SUITABLE MEMORIAL TO THE LATE ROBERT SCANLON Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A, Ferre NOES: None. MAR - 41976 SAN DIE60 TRIP POR SUPER BOWL BID - DISCUSSION Mt, Plummer: Mr, Mayor, the final thing, i matt to just remind the Commission that ttyse f and note (9) other prominent Miamians will be leaving next Wednesday and Thursday to venture to gab Diego,California for the purposes of making Miami's Bid for Superbowl. Out Committee met for its final time yesterday, our plans and strategy were developed and if any of you have any input that you would like to give to us, we'd love to have it. We will be leaving next week and hopefully we , will be successful in bringing Superbowl back to Miami, CITY MANAGER TO PREPARE PACKET FOR COMMISSIONER GORDON COMMITTEE ON EMPLOYMENT AND INCOME SECURITY. Mrs. Gordon: I would also like to give you this information. The National League of Cities have appointed me to serve on the Policy Analysis with regard to employement and income security and I would like you, Mr. Mayor and our Manager to prepare a packet of information for me to bring to them with regard to our desires in this regard. That is the National League of Cities Committee on employement and income security policy. Is that okay with you? Mayor Ferre: That's fine and I'll tell you exactly the way to star doing that. Call or write Mark Israel in Washington and he's paid to do just that from his side and then you can get from the Manager input and then you put it together and I'm just giving you that advice because that's what I did last year. Mrs. Gordon: That's a good idea and I'm going on the 14th so we don't have that much time. Mr. Andrews, would you take care of the contacting of Mark Israel and your own recommendations and provide me with a packet. 8. BOXING PROGRAM- ELIZABETH VIRRICK NATIONALCBOXING OURNAM NT IN ORANGE BOWL Mayor Ferre: Any other pocket items before we get going? Elizabeth Virrick: Members of the Commission, I've come here this morning to say a few things, some of which you may already know but I'll be very brief. Most of you remember when we started the boxing program way back yonder on the mezzanine of Dinner Key Auditorium, it has grown tremendously since that time and I think you have reason to be proud of what has happened and you're a generous part in help- ing us and the terribly hard work that J. L. Plummer put in for which we are, of course, very grateful. As you probably know we have over 800 men and boys in this program and I think you would be interested to know that in the past five years Dick Lee has not had to go to court with one of his men inspite of the fact that this all started back in the days of the street violence. We find a tremendous dif- ference in the young men that come to the program. I've seen them go in there very arrogant, hard core, almost impossible and in about a couple of months they suddenly are polite, courteous gentlemen. It is amazing the transformation and it simply proves that Dick Lee and Jimmy Mackey teach them a great many things besides boxing, Now we're up against this proposition - as you know we have the Regional Golden Gloves Tournament in the Orange Bowl last week, four days an4 we had rain which no one could have predicted and which is something that I haven't seen in the 50 years I've lived here Rain three days in one week of February. The nationals are coming up the 24, 25, 26 and 27th of March and we have to admit that we were casting about for a way to prevent the repetition of what happened. We don't want to take the program out of Miami because you are the ones that have graciously and generously helped us all along. We want to stay in the Orange Bowl, we're trying to solve the difficulties in several ways, by putting a tent over the three rings, we have to have three 4 MAR • 41976 rings because we have to reduce the 350 fighters who ate coifing doom to eleven on the last night, Saturday night. If We put a tarpaulin ovet the rings it will obviate one of the bad troubles we had with the then fighting in the rain and slipping on the wet canvas and all that Gott of thing. We suffered a severe loss in that teg- tonal tournament which we cannot repeat, cannot affotd to repeat ih the nationals. 1 think you don't need to be told of the trehendoue mount of local national and international publicity we've had oh this progvable This was in last nights news alone greatly regarded. Have you Seen it? if you haven't t'll pass it up to you. We are not asking you to spend the taxpayers' honey On eomething that is a profit making proposition. You know Coconut Grove Cares is how -profit, we simply have to break even and have enough to continue the programs, f'or the amount of publicity the city of Miami has gotten we think it has been very inexpensive and besides that we feel and I'm sure you feel that every dollar you put into this has a pre- ventive proposition is worth thousands of dollars of patching the harm after it's done and that's harm to the general public, harm to the people in not being safe in their persons and in their homes and on the streets. We feel this�reat method of preventing crime before it ever happens. Now besides thanking all you for what you've done and especially a. L. who worked his head off on that regional program we want to ask you if you will underwrite the losses for the national program at the end of this month in case it rains. Mrs. Gordon: Mrs. Verrick, how much were the losses? Mrs. Verrick: There is no way of knowing because you see, people in various parts of town might be having rain and thinking it is raining in the Orange Bowl and fail to come. We have no way of knowing but we should have had at least three times as much money. Mrs. Gordon: No, what I'm trying to establish is how much money you are short. Mrs. Verrick: Well, we took in about $7,000 we should have taken in $25,000 min- imum. So that's the amount of loss we feel we had but that is not an estimate of what we would have had had it not rained. Mrs. Gordon: Well what do you need for help by of dollar help? Mrs. Verrick: We need as much dollar help as you can possibly give us in case it rains. Mrs. Gordon: You mean for the next tournament. Mrs. Verrick: For the national tournament. No, the last one is past. This is to prevent a loss on the next. Mrs. Gordon: Well you're in the red, that's what I'm trying to establish. Mr. Plummer: Rose, let me try to bring you up to date because unfortunately this is the chairman that disagrees with the committee and as a commissioner I have to vote independently as you know. We did not lose even though everybody predicted we would lose money on the regionals which just took place. We will show a profit. We will show a profit on the regionals. Now there is no question in my mind that the rain did knock down some of the attendance. If we base it on last year where it was in an indoor event probably we could have taken in another $5,000 or $6,000. Where the deficity will occur is in the nationals. Now I think that to be fair with the commission you've got to know that the budget for this national coming up is right in the neighborhood of $90,000. Now what you also have to know is at this stage the City of Miami has already volunteered and paid, not any hanky-panky, $20,000. That's in two grants, one which is the $10,000 which was given as seed money last year for the regionals and carried over to this year, that together with the profit. Then the city also this year gave an additional $10,000 which was re- quired by Golden Gloves. Now this only addresses towards the 90. I think that it is unfair at this point to ask the city to pick up any deficit of which we do not know what it is. We do not know, we don't know what will come in in the tournament, we do not know what will be coming in for any tv rights if they exist or anything else. The big problem as you know is the pledge of the $48,000 for paying half of the fares of the fighters. That is the big nut. Without it there wouldn't be any problem but it's done and it's been done, Now all I'm saying to you is, and the thing, the disagreement that I have with the committee has solely been to move this to a facility which would adequately handle the crowd. There is only One, and we agree on that don't we, that there is only one facility and that being the Miami Beach Convention Hall. The minimum, if you switch from the Orange Bowl to the Con- vention Hall, the minimum is $13,000 plus, The plus, of course, being the set up of the bleachers, the security, the ticket takers, the sound men, all of that of which Mrs, Verrick would like to mare an appearance before the Beach Commission to MAR - 41976 ask thee to waive. Now I seriously doubt that they will but even if they will it is the idea of taking the Miaini, hot Miami Beach; Golden Gloves and tnotting it out of the City of Miami which 1 understand and I haVeh't eVeh asked that there ie a legal prdblet of the city sponsoring ahy kind of adtivity ft ml a monetary cohtideratiott outside of the City of Miami. the poiht is and the reason this probleM has come up is that 1 was hot here Monday for the meeting and I was in I'atpa. I thought we were all ih accord at the tithe of the last night of the reg- ionals that what we would do and seemed like a very gold idea to me and I think Dr. beemis and I are together on this, is 'be held it in the Orange Bowl as sched uled but the possibility of holding Dinner Key in abeyance ih case of inclett►ent weather. Now the same did story pops up, Yes, well Dinner Key is eh ugly place► Dinner Key...that it's not suitable for national publicity y that is still my accord; that we hold it in the Orange Bowl, if we have inclement weather We can move to another city facility which doesn't cost us great deals of money. So I think really what Elizabeth is asking for this morning is that the city will pick up the tab if we were to move to Miami Beach. Basically that is what you're ask- ing? Mrs. Verrick: No, you misunderstood me entirely. We don't want to go to Miami Beach, we want to stay in the Orange Bowl but we also have that terrible rear of rain and if it rains it will knock down the gate receipts which is the only thing we'll have to defray the expenses. I have to take issue with you on a couple of things. We do not figure the cost to be $90,000, we figure it much lower than that with all expenses. Mayor Ferre: How much, Elizabeth? Mrs. Verrick: Well, you see the person who has charge of the finances, my assist- ant who is out of town, and I think probably Dr. Deemis or someone here can tell you better approximately what it would be but I would say it would not be more than $20,000 at the most. Mr. Plummer: Excuse me. Elizabeth, I don't want to get into an argument.... Mrs. Verrick: Well no, we're not in an argument. J. L., wait a minute. We can not move to Dinner Key because of the national hook up. We are going to have national television all four nights and they have to take at least a day, probab- ly a day and a half to set up. They can't be moved back and forth from the Orange Bowl. Mr. Plummer: Well we know right off the bat, Mr. Mayor, of $58,000 obligation. That's not addressing anything of expenses. $48,000 is the transportation and $10,000 is given already to Golden Gloves. That's $50,000 to begin with. Mrs. Verrick: But we have some money now. We have in the Golden Gloves account about $30,000. Mr. Plummer: That's right, but it's still $58,000 and $90,000 is the total. Mrs. Verrick: How do you get to $90,000? Mr. Plummer: Well, from the budget that Rick gave me of the $78,000 plus $10,000 more to Golden Gloves - that comes real close to 90. That's what Rick supplied to me. Mrs. Verrick: Then Rick gave you a different account than he gave me. Mr. Plummer; No, we all received the bidget. Are you asking now, because obviously it's changed since yesterday, are you asking the city to pick up the tab to put up a tarpaulin above the rings, is that what you're doing? Mrs, Verrick: If the city will put the tarpaulins above the rings that's wonder- ful. That isn't what I'm asking. I'm asking if the City Commission will help to defray the loss in case it rains. We're going to have plenty of people there if we have good weather, we're not worried about that. We're worried about what is going to happen if there is a repetition of the regionals when it rained. If we have rain any of those four nights we're simply out of luck. It's four nights and one afternoon. There are five performances, If we have rain we're out of luck because we're depending on our gate and we know the gate will be tremendous if the weather is good. Now you know we would have had a much bigger audience at the reg- ionals if it hadn't rained and you know that it didn't have to rain all four nights because the rains down here it rains in part of the town, people who were coining from that part of town will think it is raining at the Orange Bowl and they won't come. It did rain at the Orange Bowl, Wednesday night We had to move it to Dinner Key and only J. be could tell you how much work it WAS, Friday night we didn't get through the program, it rained, we had very unhappy Gustohers trying to get refunds, it was a real bad ecane and We don't want to repeat it. Mrs, Gordon: 1 agree. Mr. Manager, what do you taco end/ Mr. Dick test Excuse me for the intrusion, if you don't mind 1 would just like to amplify what Mrs. Verrick eaid. I happen to be chaifMan of the Golden dove com- mittee directly under J. L. Plummer Sterring Committee and I believe what Mrs. Verrick is asking for here is a vote of confidence. There has been some contro- versy at our last few meetings. I personally have felt from the very beginning a year ago when we decided that the Orange Bowl would be the site, I still believe it should be the site, the feeling of the Steering Committee the last meetings in which Commissioner Plummer was unable to attend was that perhaps this should be moved to a facility that would be covered to protect the boxers and to insure a better gate. But we have now come together and we all believe that we should con- tinue and keep this in the City of Miami where it belongs. The City of Miami has nurtured this bay from the very beginning. We've now got international prestige, we're proud of it and we believe it should stay right here. Now the only thing that we're asking here is a vote of confidence (1) that in case it rains, and I've got the statistics yesterday and the chance of rain is less than 20% of 1/250 of an inch the last two weeks of March. Of course, that doesn't mean anything when it rains and we had that in February. But the chances are that it won't rain but in case it rains we would like to have some precautions for several reasons. (1) This is a very important tournament, it is a pre-olympic tournament. The boxers of this tournament will represent the United States in international competition in the olympics. All of these boxers have been training for this thing for a whole year. It has to go off as scheduled. (2) We are concerned about the gate. We want to feel confident that this tournament... Well, J. L. isn't listening. Mr. Plummer: Mr. Mayor, I was just talking with Mr. Andrews and if we could investi- gate the possiblity of the city expending enough funds and Mr. Andrews assures me it wouldn't be a great deal of expense of putting a tarp up over the three rings, I think would be really all we would need. I would make a motion at this time... Rev. Gibson: Doctor, you and Mrs. Verrick, what I was trying to say to get the relief was it seems to me unfair to ask the Manager to give a decision now. This I presume is the first time he is hearing it. Mr. Plummer: No, Father, let's make the record clear. a weekly basis fully aprised of what is going on. I have kept Mr. Andrews on Rev. Gibson: J. L., let me say this. If you had one opinion last night and we're hearing something different now, one thing about Theodore Gibson I may not be a part of when all the cards but when you tell me I think I know from churches what happens. Ok? I would think that we are being unfair to ask the Manager to come up with a decision. Why don't we say to you and Dr. Deemis, Mrs. Verrick and our committee and the Manager, You now have put this out on the table, you have one of two choices - do it before we adjourn here today and came back or either the Mayor should call a special meeting to deal with the matter. That's just eh way I look at it. I just don't think you could do that this morning. Mr. Plummer: Mr. Mayor, I would like to offer a motion at this time that in con- currence with the Manager's thinking that he be directed to explore and erect a rain tarpaulin device over the three rings as they exist in the Orange Bowl. I'll make that in the form of a motion. Mrs. Gordon: J. L., would you take an amendment to it and any other necessities that they concur on? Mr. Plummer: Rose, I don't hesitate to add that because let me tell you Paul has worked with me and Jack Bads who he has sent there at every meeting and this man has bent every rule to assist us in that regional to make it a success. So I don't have any hesitations at all and Mr. Andrews is fully in support of this program and he will do everything he can but when you start talking $90,000. Mrs. Gordon: Go ahead, I want to second your motion but let me hear it now. Mr. Plummer; I'll be glad to given the full latitude to do ful event in the Orange Bowl. Mrs. Merrick: Walt a Minute, to help us out financially if incorporate as the amendment that Mr. Andrews be whatever is necessary to see that this is a success - Mr. Mayor, you still haven't said whether you're going it rains. 7 MAR P.4197 My°t tette: Well, I think what has been said here is that the Oity of Miati is going to insure that if it tains that yoti have some kind of a cover to protect... Mrs. Verfickt But that doesn't help the gate, Mautice. Rev. Gibson: Mta. Verrick, i think d. L. Misunderstood rne. t was asking that the tame thing be done. However, now, Mrs. Verrick~ the Other diMension you're putting in is.. dk, let me say far the benefit of everybody on the table t came in the building yesterday and it was mentioned to Me the ponsilibility of Moving to Miami Beach. You see, a. L., you know. Ok. Now if went on Miattti Beach and it rained you have no assurance. Mrs. Verrick: Oh no, it's indoors over there. Rev. Gibson: But Mrs. Verrick, when... I thought.... I'm going to hush and vote. Mayor Ferre: Mrs. Verrick is asking that this commission go on record financially guaranteeing this event. Mrs. Verrick: No, up to a certain point. We don't know What it'll be. Mayor Ferre: Up to the losses. Mrs. Verrick: We're not even asking that because it might be more than you would be more than you'd want to do, but up to the limit of what you feel that you can. That's why I said this is preventive money. Mayor Ferre: Elizabeth, excuse me but you know I see things as a businessman and if somebody comes to talk to me about investing or doing something and they say, "We want you to be involved to this extent" then the first thing I want is a pro- form, I want a balance sheet, I want a projection of what the cash flow is and I want to know what the end result is. You're coming here and you say my financial man is gone and it might rain and if it rains we could lose money and we don't want to lose money and that's reasonable and we want you to help us, now help us, now help us. And everybody here ie going to say, "Yes, Elizabeth, we want to help you but we don't know what you're talking about." Mrs. Verrick: Well we won't know until it is over and see what we get. Mayor Ferre: Are we talking about $100,000? Mrs. Verrick: Oh no. Mayor Ferre: Are we talking about $200,000? Mrs. Verrick: No. Mr. Plummer: Ninety. Mayor Ferre: Are we talking about $90,000? Mrs. Verrick: No, we're not. Mayor Ferre: Well Plummer says that we are and you say that we're not. Mrs. Verrick: Well, but he's saying it is going to cost us that and maybe he knows better than I but we have some money and we will have some moneys from the gate even if it rains. It is just that we won't make expenses if it rains. Mayor Ferre: See, we're dealing with taxpayers' money because that is where it is going to come from and the question is... Now if you're talking about some- thing like five or ten thousand dollars that's one thing but if you're talking about $90,000. Mrs. Verrick: No, we're not. We're talking about 10, $15,000. Mr. Andrews: Mr. Mayor, let me see if I can round out the problem so a judgement factor can be applied against the amount of moneys that we're talking about. This whole program is divided into two parts all those expenses inherent in putting on the regional and the national and then the transportation fees for these people to core to us as an additional matter. Let me take the boxing transportation first getting here by plane. That cost was originally calculated at about $48,000. Now 1 understand it is approximately $40,000. The city played no part in guaranteeing that or having anything to do with the transportation aspect of it end we tried to ,M► Or assist in reducing the cost as much as possible. the area now of expenses other than transportation ih a round figure is will be approkiMately $40,000, Of that there is in hand one way or another through grants, through the honey that the city had already contributed somewhere, and revenues that haVe been received fro regional events, that aftouitt of money currently lied sdmewhere between 21 and $20100= Unitas soi Leone has better infof'Thatioh than I have please Cerreet 'te, Mayor Ferree How Much Mr. Andrews: Between 23 and 28. So if we assume that the expenses will be about $40,000 We have a range between 17 and $12,000 that needs to be covered or guarnateed and I presume that that's what they're asking. I want to eliminate any confusion or misunderstanding on the part of the commission that no 'matter what decision you make it does not include the transportation of the boxers to Miami. Mr, Plummer: I call the question on my motion. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 76-239 A MOTION OF INTENT TO ALLOW THE CITY MANAGER LATITUDE TO TAKE SUCH STEPS AS HE MAY DEEM ADVISABLE IN ORDER TO INSURE THE SUCCESS OF THE NATIONAL BOXING TOURNAMENT TO BE HELD IN THE ORANGE BOWL. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Mr. Plummer: Mr. Mayor, let me just finally conclude. This is a great event for the City of Miami especially during its Bicentennial year. We solicity all of the help that we can get for this event to make it a success not just financial but a success to make it what we want Miami to represent in sports, in Bicentennial and every way possible. So any of you that can do anything to assist this program please come forth and help us in any way possible. God willing there will be no rain and we will have good crowds. So I think that's what we're looking at and what we can do. So please, I beg of you to help us in any way possible. Mrs. Gordon: A question to you, Mr. Andrews, and I'm going to wind it up. With regard to this type of program in particular this program which is a deliquency prevention program, is it possible we could apply for a grant through L.E.A.A.? There are funds available for pre -delinquency programs. It would help to get a grant of this type and to use it in not only the present but the future. You don't need any other direction than that. All right? Mayor Ferre: Elizabeth, has the City of Miami Commission ever let you down? We won't. Ok? PROPOSED ORDINANCE AMENDMENT- ARTICLE VII-LOW DENSITY MULTIPLE R-3 9, DEFERRED AFTER BRIEF DISCUSSION Mr. George Acton: Mr. Mayor and members of the commission, the City of Miami ^oning Ordinance has two classifications that act as a transition between low and high dens- ity residential uses. The R-3 classification in some cases needs the development to go higher than the allowed two stories so the purpose of this amendment is to allow that to happen in appropriate situations where the scale of the residential develop- ment would be better higher than the allowed two stories. Mrs. Gordon: On this item, no objections. I personally feel it is a good amend- ment, I would so move. Mayor Ferre; George, what this does is it allows exceptions to height limits as a conditional use but this is just an R-3 district but where are the R-3 districts? Mr, Acton: They're scattered throughout the city, Mir, Mayor, Mayor Ferret y'ou expect us to Vote on this, I'll tell you I read gay packet Very carefully, I couldn't find any information. Mt. Reboso: Mr. Mayor, let me say eo ething about it. 1 would like to second the motion of Mrs. Jordon. I think for the first time t've seen Mr. Acton ehanging a little bit in his approach to giving a hand t would say to the developers and the builders because in the way that the Ft 3 district is now there is very little open space at the ground level. The ground level is devoted to the building itself or to parking areas and this new change is more flexible I think to the developer and will allow the people 1 think to go ahead. Mrs. Gordon: I'd like to speak to the motion, Mr. Mayor, The flexibility that this amendment would create would permit a developer to allow for more open space and less ground coverage and this in itself would be a great benefit to the com- munity. It does not increase the density in any way, it does not allow a larger floor area ratio but it permits a flexibility in design. Mr. Reboso: Rose, this is just a little inconvenience that I want to point out to you and that is that Fair Isle is R-3. Mrs. Gordon: That's only one parcel of property, there are many areas in the city where this could be use. Now the conditional controls are great because that allows, it's not to be across the board. Mr. Reboso: I agree with you. Mayor Ferre: Mr. Acton, do you have a map showing where R-3 is? Mr. Acton: No, I don't. Mayor Ferre: Well I tell you I'm not going to vote for it until you show me where R-3 is and I can take a look at it and then I'll be happy to vote for it. I really think that in the package that we're supposed to receive we're supposed to be, Mr. Manager, prepared to vote. I read this thing and in my packet there was absol- utely nothing on this except this cover letter which doesn't say anything. In other words unless I'm expected to come down here and do my own research and get my own maps as to where R-3 I think that the very least that we're entitled to know is a map of where the R-3 areas that are affected. Mr. Reboso: Do you want to postpone this item? Mayor Ferre: Absolutely. No, not until the next commission meeting, until I see a map. I'm going to vote for it but I'm just doing this as a matter of principle. Mr. Andrews: I don't know, Mr. Mayor, that we have a map that can be shown city- wide that would show all the R-3 but it is in the Zoning Atlas. Mayor Ferre: Well then 5 maps or 10 maps or 20 maps. Mrs. Gordon: Alright, I'll withdraw the motion until you bring the maps. Mayor Ferre: It's just a matter of principle. I'm going to vote for it but it seems to me that sometimes we zip through these zoning things, with all due respects come from Mr. Acton's office and we don't, at least I don't know and I'm going to be frank because I don't know what I'm voting on. Mrs. Gordon: I'll admit that I have an advantage as a realtor and I know where these locations are but it is true you should have a map to show you exactly where they are. Mayor Ferre: It is a matter of principle because this may not be important but there are a lot of things that have been passed to this commission that I guarantee you that if we had a test like the Civil Service have to take before you become a lieutenant or a captain that most of us would fail it. I know T would. What I'm trying to say is I think we'd better get some better information as to some of these changes that we continually make around here. Ok, then we'll come back to it. Is that it? 10 MAR ' 41976 10, ORDINANCE MEOW N' ARn= XIV, Ec,i COMMUNITY COMMERCIAL O-2 DtM FtlIST REAb1NG ORbtNANCE Mr, George Acton: Mr. Mayor and tethers of the Oettissidth# this item was drought to the attention of the Planning bepartt►eht and Planning Advisory BOard by the Building bepartmet;t, The item would allow the establishment of retail surgical eppiiattee outlets ih the C4 tones. Presently they're allowed in c=4, baring the Past years the aesetbly of appliances are not the liberal corn erdial asses that they used to be and this particular classification would allow retail outlets closer to the consumers that they're intended to serge. It is the fitting of arti- ficial lens basically for the handicapped so we're just recommending... Mr. Plummer: Mr. Mayor, this is something that I brought up. It seems like there was no classification where this actual use was spelled out and we only have I think about two or three of these people in business in the City of Miami and they're doing a very fine service and I think this is the enabling legislation to allow these businesses to continue. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CITY OF MIAMI COMPREHENSIVE ZONING ORDINANCE NO. 6871, ARTICLE XIV, COMMUNITY COM- MERCIAL C-2 DISTRICT, SECTION 1, USE REGULATIONS BY ADDING A NEW PARAGRAPH (20-A) ENTITLED ORTHOTIC AND PROSTHETIC SURGICAL APPLIANCE OUTLETS - RETAIL, TO PERMIT THE ESTABLISHMENT OF RETAIL SURGICAL APPLIANCE OUTLETS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CON- FLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and passed on its first reading by title by AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Commissioner J. L. Plummer Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. and seconded by Commissioner Gordon the following vote: Gibson 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. REQUEST PLANNING DEPARTMENT TO PREPARE NECESSARY Ii. POLICY STATEMENT - LEGISLATION TO INSURE FULL PUBLIC DISCLOSURE OF HISTORY ETC1ON PROPOSED CHANGES TO ZONING ORDINANCE Mayor Pierre: I'd like to make a motion, Rose, if you'd take the gavel, that in the future, and you study it and write it in any and I'd like to make an ordinance out of this if it is possible or whatever legal way that you want to structure this; that in the future anytime we're asked to change any zoning and it comes from the Planning Department or otherwise that we have a full history of who re- quested it, when it was requested and I want this for public information. Now fortunately Plummer said, "I was the one who initiated this", he explained the reason for it and that's fine and I think the public is entitled to know at all times why these things happen and people don't know why they're happening and it's somebody who is trying to get something somewhere down the line and the department agrees with it and nobody ever knows why it's done or what the logic of it is and I want a full explanation as to how this begins, who requested it, when the meet- ings were held, what was concluded in those meetings in brief form so that the full public disclosure as to the process of how government works around here and not all of a sudden get the end product of it, we zip through it in two minutes and we don't catch it, the press doesn't catch and it just gets in and God knows what it is. So in the future, and I'd like to make a motion to that affect, that you prepare an ordinance that full public disclosure of all these things that we pass that are initiated by Planning Department, that we end up getting more than just that little sheet of paper that I pointed out that I got in my packet. This is all I got in my packet on Item 3 and I'm the mayor of Miami and that's what I'm supposed to know about it. Now in other words it is incumbent upon me to come down to city Nall to investigate what this piece of paper is supposed to mean, look at maps and look at information and then find out who started it, I'd like to know, Mr, Acton, on this Item #3 that we voted on who started it, who requested it, who's idea was it? 1,1. MAR - 41976 Mr. Acton: This was discussed at the City CoMMiSSitin level a nutber of year's ago` Mr. Mayor, Mayor Perrot Is that right. Well, why don't you tell us when it was discussed and what COMMiSaidh day ssd why don't you give Me a copy of the record when it was discussed. is that how you got this idea and you held it back several years? Mr. Acton: Oh no, Mr. Mayor. Of course, all recommendations for changes to the Zoning Ordinance cote from the public, cOMMiseion, the planning Oeparthtent, planner ing Advisory Hoard... Mayor Ferre: Where did the Planning Department initiate it? Did somebody cote to you to ask for it? Mr. Acton: No, sir, it was initiated by the Planning Department. Mayor Ferre: Well who thought of it? Did you think of it or was it Weston? Mr. Acton: Yes, sir. Mayor Ferre: This is your idea alone, nobody came to discuss it with you? Mr. Acton: That's right. Mayor Ferre: And you got it out of a discussion the City Commission had several years ago? Mr. Acton: Yes, sir. Mrs. Gordon: What are you referring to, Mr. Mayor? Mayor Ferre: Item #3. Mr. Acton: At one time we were considering unrestricted height limits in the R-3 district and as a matter of fact it was discussed with you, Mr. Mayor, when you were a City Commissioner. Mayor Ferre: Well I was a City Commissioner four years ago. Is that what you're talking about this is something that came up four years ago? Mr. Acton: No, I said perhaps having unrestricted height limits in the R-3 but we felt that was not correct in certain instances because the scale of the R-3 would be more compatible in certain cases to remain a two story. Mayor Ferre: George, don't misunderstand, I'm not against it. I've already stated that it looks logical, I'm going to vote for Item 3 it is just that I think there are too many things happening around here where there is really not full disclosure of what is going on and I make a motion now that you prepare an ordinance to see if we can correct this type of a situation. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 76-240 A MOTION REQUESTING THE PLANNING DEPARTMENT TO PREPARE NECES- SARY LEGISLATION TO INSURE FULL PUBLIC DISCLOSURE OF THE HIS- TORY AND DEVELOPMENT OF ANY PROPOSED CHANGES RECOMMENDED TO BE MADE IN THE CITY'S ZONING ORDINANCE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 1,2 O Mrs plummet: Mr, Mayor, for full disclosute if you're asking let me for the record state that the item #4 Was a request by Mt. Don Macrino of the Marti Chatfber of CoMMetce Who one of the owners of one of these stores went to and said that the City of Miami 2ohihq did not ih any way address this kind of operation, They came to me and t forwarded it to the Manager and the Manager obviously followed through through the normal processes of having a hearing and that's Why it is before us today. Now 1 have some other good news for you, I'd like to present all of you an advance copy of something that you will have a great deal of fun with. It is a statement of financial disclosure in Which it is hOW mandatory that I think by the first of duly of this year each and everyone of us including a great number of the administration will have to file. These were distributed in Tampa and I'm going to give each one f you one because in some cases they're going to be very extensive and I thought that you might like to get a little bit of advance know- ledge and I also brought each one of you the booklet of how you shall fill it out and why you shall fill it out. Mrs. Gordon: Is it different than what we did before? Mr. Plummer: This one is a beaute. I'm saying that this is very extensive. There is a booklet so you've got a head start on getting it filled out. 12. PUBLIC HEARING- UNIFORM HOURS FOR SALE OF ALCOHOLIC BEVERAGES AS THEY LIQUOR BARS -CONSUMPTION ON PREMISES Mr. Andrews: Once again, Mr. Mayor and members of the commission, you do not have an ordinance before you. The public hearing is being called to hear discussion on 4101 this matter so the commission can formulate an opinion as to whether these liquor hours for bars consumption on premises should be changed. The chart indicating the area in red before you which show that City of Miami permits bars on weekdays to open at 7:00 A.M. and close at 1:00 A.M. in the morning, Metropolitan Dade County opens at 8:00 A.M. and closes at 1:00 A.M. On Saturdays we permit bars to open at 7:00 A.M. and close at 2:00 A.M.. Metropolitan Dade County permits an 8:00 A.M. opening and a 1:00 A.M. closing. Sunday the City of Miami permits from 1:00 P.M. to 7:00 P.M. and Metropolitan Dade County permits 5:00 P.M. to 1:00 A.M. and this is for beer only on the (correct me if I'm wrong, Mr. Ferencik) 5:00 P.M. to 1:00 A.M., 10:00 A.M. to 5:00 P.M. beer only is sold from 5:00 P.M. to 1:00 A.M. all alcoholic beverages can be sold in Dade County. So the great difference between the two is really on the Sunday sales. The weekdays and Saturday there is just a minor adjustment that would be made if one is to be made. Mr. Plummer: Aren't we really talking about on the City of Miami they have six hours of full sale and on the county they have six hours of full sale, the hours, of course, being different but the only difference is that the county allows them to have an additional seven hours of beer sales on Sunday. That's what we're really talking about. Mr. Andrews: Eight hours of alcoholic beverage sales by the county from 5:00 P.M. to 1:00 A.M. and the 10:00 A.M. to 5:00 P.M. which is 7 hours of beer sales only. alb Mr. Plummer: Oh I'm sorry, I stand corrected. Rev.' Gibson: I don't see it. Mr. Andrews: Well, there is an asterisk after the 1:00 A.M. and then at the bottom of the chart that asterisk applies to beer only 10:00 A.M. to 5:00 P.M. Mayor Ferre: Well you know I'll tell you my opinion is a little bit more radical than most people. I think prohibition days are long over and I frankly don't think it makes a bit of difference. (applause) I really don't think all these silly laws about whether it is 5 hours or 6 hours or 7 hours, I just think they're so absurd and frankly there are so many ways to get around them in different ways. I think that the liquor bar, COP we ought to open it from 1:00 P.M. to 1;00 A.M. You know. Rev. Gibson: Mr, Mayor, let me raise a question since I was part of.the culprit. What disturbs me, I overheard a conversation, and maybe it has already gone on in here and I never heard it. You know I've already said that I thought that I think - we have unfair competition to deal with and this is why we're trying to equalize these hours. Isn't that right? Ok. Now I want the members of the board to under- stand this because rose, I'm going to be calling you all's bluff in a few minutes. I learned that the county in its liquor business has put whiskey, say like in a different section or over against us. First in one of us whiskey is controlled by zoning ordinance. In the case of the county or vice versa it is just the opposite, 13 MAR " 41976 Now you could tell f'm not familiar with that because that's not my thing i don't understand.,. isn't that right, Mt. Ferencik/ Mt. 'erehcikt Well, Reverend, no. The hours of operation of the carious types Of liquor licehsee are controlled in the City Code of the City of Miatai. They are not controlled ih the city toning Ordinance. The Zoning ordinance only deals with liquor insofar as separation of licenses, what zoned yoti can put bars it and that sort of thing. It does not go to the subject of hours of operation. That's contained in the City Code itself and there is no relationship between the two. The difficulty somewhat in competing county and city laws ae far as bar and liquor sales are concerned is that the county splits their liquor sales up into more cate, gories than the city•does. The county has a lot more categories of selling alco- holic beverages than the city. That's why you have the little asterisk and the spots on the bottom of the charts because it is a little bit difficult to just directly compare the two operations. Rev. Gibson: Tht's why, you know it is all confusing to ins and maybe... some- body in the whiskey business from the Grove mentioned to me and it's all like a jig -saw puzzle. Anybody here in the whiskey business pick up on what I was try- ing to say? Mr. Cye Shadrock: Mr. Mayor, my name is Cye Shadrock, 120 Biscayne Boulevard. What Father Gibson is talking about is essentially correct. When you look at that chart and you see that in the county what you call a straight liquor bar oper- ates until 1:00 O'Clock that's the way the Code reads but that's really not the way it works in the practical aspect. Dade County has its liquor hours in the Zoning Code. The City of Miami has its liquor hours in the Penal Code. Conse- quently I can go into the Dade County Zoning Appeals Board and/or the County Com- mission and request a variance of hours. I have clients in the county with a straight liquor bar that close at 1:50, 2:50, 3:50, 4:30, any hour that I can conceive. You don't have that on the chart and it doesn't appear in any ordinance but because they have their hours in the Zoning Code as opposed to your having theta in the Penal Code anybody that wants relief from let's call it unfair competition can go in and apply for a variance. You can't do that in the city. That's what I think Father Gibson is saying. So that what appears on the surface as 1:00 O'Clock is not really 1:00 O'clock for everybody. There is no way to llok at a bar in the county from the outside and determine that they're able to be open till one, two, three, four or five. The other problem that you have in the city is in the county you can get a nightclub license to stay open till five with 40 seats or tables and 22,000 square feet of overall space. In the county you need 200 seats or tables which means you need approximately 4,000 square feet of overall space. So the man that is sitting in the city operating until 1:00 O'Clock in a limited premises can never get any relief from you. He can't comply with the 200 seats or tables because he can't get the extra space. In addition you require a C-4 zoning for a nightclub and the county requires a BU-2 which is only equivalent to your C-2. So again the man in the city operating until 1:00 O'clock is at an unfair advantage. Then there is one other overriding factor. The City of Miami is one of the few municipalities I know of that doesn't have a category of use variance - the county does. In other words if I'm in a C-2 zone in the city and 1 have 200 seats or tables and I have a 400 square foot dance floor which enables me under ordinary circumstances to get a nightclub license I can't get it because I'm in a C-2 zone and not in a C-4 zone and I can't come in and ask for a use var- iance because there's no such animal. I have to come in and ask for rezoning and then I need 200 front feet in a straight line along the street in order to get re- zoning and the commission is not amenable to rezoning 200 front feet on a street just to get somebody a nightclub license. Rev. Gibson; Let me mention another thing that since we're talking we'd just as well put it out there because my brotheren who are your enemies, no... You under- stand we're opposed to you even having brought this up, that if you had a church, and of course that's my thing, you know if you had a church in the city you have to be, and you know somebody wants to bring a bar, they could bring a bar in the city much nearer - that footage business - ... I didn't understand what you were talking about. Mr. Shadrock; The City of Miami is the only municipality in Dade County that seems to have its priorities backwards. You require a bar to be 300 feet from a church, 1000 feet from a school and 2500 from other competition whereas everybody else has it the opposite way. The county has 2500 feet from churches and schools and 1500 feet from competition, Most other municipalities have it that way too, the greater distance being churches and schools and the lesser distance being compet- ition but in the city it is just the opposite. Mr. Andrews: Well, it makes sense from this standpoint, Mr. Mayor, you'd have fewer bars. See? The other you could have a whole grouping of bars together at 14 MAR ' 41976 411, those locations. There's no restriction froth placing one bar next to another, do it in a much shorter distance. Rev. Gibbon: Let the ask you this, Mr. Andrews. Please understand l'M on the other testa. Understand? Ok. What disturbs fire, and J. L., you know the table so you ought to be with ate. what t don't understand is how does the county tolerate the 300 feet and they don't have the problem of competition? bo you understand what I'm talking about? I just feel like 1'M becoming very sensitive of that tax dollar, roan. Yoti'd think that I'd be concerned about souls = I aft, t really am but l'M also concerned about that competition. Now you know by brothereh would not pray for me at all if they heard me say that. Mr. Plummer: Father, one of the things and this distance requirement goes back to the filling station situation. What you're really talking about is that it is a tremendous inequity and one of the things that the courts struck down that we do have a prohibition of a liquor license going within 2500 feet of a church. But con- versely there is no prohibition from a church moving next to an existing liquor lic- ense. Correct? Rev. Gibson: That's right. Mr. Plummer: And this is one the things people say, "Ha, ha. City of Miami, look they've got rules there is a church next to a bar" what they don't stop and under- stand is that there is the inequity that you stop a bar from moving next to a church but there is nothing to stop a church from moving next to a bar and we have many of those situations. Rev. Gibson: J. L., I'll tell you how I feel. If you go inside that bar you know before you enter what to expect. Now you know, just find you another location. Mr. Plummer: No you don't Father, and that's the problem I'm going to address right after we get finished here. Rev. Gibson: Just find you another location, man. Rev. Gibson: That's what you're saying, Father, is the choice then as a church to connect to a bar is not the same thing as allowing a bar to come next to a church in my opinion. Rev. Gibson: Right! You see, the bar is prohibited. I take the position if you move your church beside that bar man you know what you're getting into - you ought to live with it. Mrs. Gordon: That's your choice. That's right. Rev. Gibson: Now you know, tell my brothers I said that. Mrs. Gordon; Well, that's because they chose to do it that way. Rev. Gibson: That's right because you have a choice. That was a free will choice, go take your lumps. Now if I was going to go build a church I wouldn't come near you because I don't want the competition. Mr. Plummer: But Father, are you worried about the parishioners or the pastor? Rev. Gibson: Both. But Mr. Mayor, it would appear to me, and Mr. Ferencik please, it would appear to me that maybe the crux of the matter is not only the hours but we need to deal with that other basic fundamental business and maybe we need to spend more time and study that basic fundamental difference. See what I mean, J. L.? Like the Mayor said, the Mayor says it doesn't make sense. I hear the boys now on Saturday morning saying "Oh, look at Gibson, Gibson turned us down. He's joined another rank." but you know I'm going to do the right thing. Mr. Ferencik; Well Reverend, let me speak for an area that I would have no control over, if it is in the Zoning Ordinance that's fine or in the Penal Code that's fine but you know I've forgotten how many licenses you have to sell liquor in the City of Miami at the present but if you start playing this game of adjusting hours so that theoretically almost every bar in the city could have some kind of a differ•- ent closing time like Mr. Shadrock suggested - 2:50, 1;50, 12:50, 3;50 - you know 1 don't know how you could ever hold your Police Department responsible for control- ing these places that dispense alcoholic beverages. My God, every police officer would have to have a book with the latest dates in closing and whatnot in it and it would make their task impossible. Mr. Shadrock; I'm not suggesting that, 15 MAR 4197& sf kert. dibeo t See, 1 still want to know how does the county, what I'm also cord- cetned ie if the citizens of this county, and t speak of the natives, if the cit" itens of this county are told that t wonder how the people of this county permit the county to do just what you alluded to? DO you follow utl tvidently the Metro policemen Must have a jigsaw puzzle kind of book. You know what 1 mean? And 1 just feel like I'm just concerned. Mr. Shadrock: Father, 1 didn't suggest that you change the ordinance to permit that. All I'm pointing out is that you're looking to cut everybody back to 1:00 O'Clock to conform with the county - it's really not conformance because the county 1:00 O'Clock is really not 1:00 O'C1ock. Now what 1 have proposed for 15 years is uniform hours within the city to start with and four years ago your police Department, your zoning Department, your Planning Department and everybody else came up with a suggestion of 3:00 O'Clock across the board and that's what I would propose if I was asked a direct question as to What my clients were in favor of. I don't propose that you allow what the county allows. 1 only point out to you that if you're looking to cut 3:00 O'Clocks back to 1:00 because the county says 1:00 that what the county says is really not the practical aspect of the thing. APPLAUSE Mayor Ferre: You're applauding for yourself because believe me, and I want to tell you and I want to share with vou. I think that applause does more harm than good for causes in commission meetings. My advice to you is just talk to the issues and let's see if we can settle that way. You know what happens when people start applaud- ing? You're a special interest. You're a special interest, you start applauding and all that and what happens is in the back of my mind right away goes the thing, well, we're going to vote now with a special interest - don't do that. Express or yourself on the microphone. And I'm just asking you politely to keep your emotions to yourself. I'll recognize any of you. Do any of you want to talk? There's the mike, I'll recognize you. Now let's see if we can get on with this thing and get it done because it is not an emotional issue and none of us are going to vote based on applause. We're going to vote based on what's right and... Now I personally don't think that what Metro does really has any bearing on what we do and we're just trying to figure out a common sense approach to get away from the Prohibition mentality that seems to hang on and on and on. In my opinion it doesn't do one bit of good one way or another. Now, what is your recommendation, and then what's the Manager's recommendation and let's move on from there? What's your recommendation explicitly on this item? We can't go on whether we're going to change zoning from C-3 to C, that's not here before us today. Mr. Shadrock: I think the most onerous or one of the two most onerous ordinances that liquor bars have to live with is closing at 7:00 P.M. on Sunday. I mean there is just no sense. Mayor Ferre: I agree, my personal opinion is that I agree. What is your recommend- ation? Mr. Shadrock: That it be made the same as any other night. Mayor Ferre: Which is what? Mr. Shadrock: 1:00 P.M. to 1:00 A.M. Mayor Ferre: All right, 1:00 P.M. to 1:00 A.M. Any other recommendations that you have? Mr. Plummer: Say that again. Mayor Ferre: He wants these places open from 1:00 P.M. to 1:00 A.M. like any other day. Mr. Plummer: But you're speaking only to Sunday? Mayor Ferre: That's right. What's your second recommendation? Mr, Shadrock; My second recommendation is that somehow this commission come up with uniform hours within... Mr. Plummer: Excuse me, Cye, when you say 1 to 1 as the same as the county you're saying then from 1;00 P,M, until 5:00 you would have beer only, Is that what you're saying? Mayor Ferre; No, he's not saying that, 16 A Mr. Plummer: Mayor Ferre: Mr. Plummet: day from 1:00 Mr, Shadrock: Mayor Ferre: t understood the wine as the county. No. He's hot itecotehding it, to other words what you're Baying is allow alcohol to be sold oh Sun,. to 1:00 regarless of the alcohol. Right. Thaes what he's saying. Mr. Shadrock: In other words if you want to conform with the county... The second recommmendation would be across the board closing hours which l don't know if you can get to at this meeting or you have to finish all of your other categories first. Mayor Ferre: Mr. Shadrock: Mr. Andrews: Mayor Ferre: What do you mean across the board closing hours? I mean 3:00 A.M. 3:00 A.M. for everyone. What does the county have now? Mr. Snadrock: The county has 1, 3 and 5 just as you see there plus variances for any hour. For example, I have a petition now before the Zoning Board of the County to allow a client of mine to stay open until 3:50 A.M. Mayor Ferre: All right, Mr. Andrews, what is your recommendation? Mr. Andrews: My recommendation is that let's take them one category at a time, the week days that we change the hours to be uniform with Metropolitan Dade County. That would mean that the liquor bars would have to open one hour later on the week- days... Mr. Plummer: You're going to be taking away an hour from them on Saturday. Mr. Andrews: Right. On Saturday I recommend that we remain uniform with Metropol- itan Dade County and go from 7:00 A.M. to 1:00 A.M. and on Sunday from 1:00 P.M. to 1:00 A.M, not giving credence to selling of beer at 10:00 A.M. in the morning. Mayor Ferre: 1:00 P.M. to what? Ago► Mrs. Gordon: Say that again, Mr. Andrews. Mr Andrews: 1:00 P.M. on Sunday to 1:00 A.M. Mayor Ferre: Which is what he's saying. Mr. Andrews: Yes. Mayor Ferre: So you agree with that? Mr. Andrews: I agree with the last one but he didn't say anything about the first two and I'm recommending that we follow the Metro to make it as uniform as possible. Mayor Ferre: I'll tell you, my personal opinion is that I go along with that last recommendation that it be from 1:00 P.M. to 1:00 A.M. and that's all we do here today. This thing about making it 3:00 A.M. closing uniform, we're not going to get into that. That's my personal opinion. Now let's hear from the public. Mrs. Gordon: I don't understand, Maurice. Mayor Ferre; Your name and address for the record. Ms. Redith Dunn: My name is Redith Dunn and I live 845 Fairway Drive, Miami Beach and we have two licenses in the City of Miami which we've had for 35 years. I don't understand why we're trying to conform with the county when you can go over in North Bay Village and the 86 Club and get liquor 24 hours a day. Why can't we make up our own laws? I mean the commission and the liquor people and have it uniform for the City of Miami and not try and be something else. It is also my understanding that only in the City of Miami can the police come into your bar and make arrests, So it has nothing to do with the policemen knowing the hours, I think I'm right on that I'm not exactly sure but I think we ought to make up our own hours that's fair for 17 MAR 41976 everyone, A person having a bar on 71st Street has to close at 1:00 O'Clock, his customers can ride over to North Say Village and get liquor 24 hours a day. Mayor Ferre: Right. Thank you. Next speaker. Mr. Alex Sperling: Thank you. My name is Alex Sperling, t own a bar in Coconut Grove. I know Father Gibson for a good many years. l: think you just about hit the hail on the head, Mayor, as far as I'm concerned and the people in the Grote, 1 can only speak for about five or six bare, l4cnday1 Ttedday, Wednesday, Thursday Friday and Saturday everybody is perfectly satisfied with the hours we have. And as you said the only change on Sunday t think would be just excellent. One O'clock in the morning ae far as I'm concerned, that's just what we need. Mr. Michael Schacter: My name is Michael Schacter. I own the Shack Bar and Pack- age Store and I've owned bars and.package stores for 40 years in this city. Father Gibson, I know him real well, we've come to bat many a time on variances and things like that. I think the hours should be left alone - 7:00 A.M. in the morning to 1:00 A.M. six .days a week and 2:00 O'Clock on Saturday night and we should extend the Sunday hours from 1 to 1. Mayor Ferre: Well wait a minute, you're just repeating what this gentleman said. Mr. Schacter: That's right. Mayor Ferre: Mr. Schacter, ask the other speakers, how All right, raise your hands. repeat that. Excuse me for through with time. That's just my.... you're entitled to do that. I'm going to respectfully many are in favor of that so we can get it over with? Ok. Now hopefully you don't have to come up and being so short with you but I'm just trying to get Mr. James Ayala: Mr. Mayor, my name is James Ayala. I have a night club on S.W. 8th Street which right on the boundary line of West Miami, Coral Gables and Miami. As a businessman in Miami I feel that right now we're having a big problem with the licenses because there's a night club directly across from us which stays open until 3 O'Clock in the morning. Mayor Ferre: Where is this, the county? Mr. Ayala: S. W. 8th Street directly across from the City Limits which is a Big Daddy's Lounge and it's affecting myself as a businessman in the City of Miami because I have to close at 1:00. Mr. Plummer: You're not a night club then. Mr. Ayala: No, it's a lounge, it's a for C.O.P. license but we close at 1 O'Clock. 0,r Mrs. Gordon: Which side of the street are you on? Mr. Ayala: We're on the north side on S.W. 8th Street, 57th Avenue not too far from your office. Mrs. Gordon: I'm not there anymore, I haven't been there for over a year. Mr. Ayala: Well, from what I remember. Mr. Plummer: You're just east of Red Road? Mr. Ayala: We're just west of Red. And the problem we're having, business is off all over in the lounge business and in the restaurant business but on top of that we have unfair competition with the county and with the other cities. There is a lounge right down the street which is open until 5:00. Now people that come into my establishment, we have to let them leave at a quarter of one. They can't under- stand why they can go across the street or directly on the other corner and stay open until 5 O'Clock. It is really hurting our business. Mr. Plummer: They have a night club license. Mr. Ayala: No, it's in the county, there is a lounge in the county. Mayor Ferre; If you were in the county, if you were across the street would you be able to stay open until 3 O'Clock? Mx, Ayala: Yes, My license is movable into the county, Mayo' Ferre: Well now I didn't ask you that. 1 want you to answer the question 1 18 asked you, ghat t'M asking you is, your establishstent With the number of seats and whateijer it is that you have, as is ► if you totted it aCroas the street into the county would you be allowed to open until 3:00 A.M.' Mr. Ayala: t atn not sure, t think as Cye said with a variance yes we would be able to. Mayor Verret Well, the answer is no. Mrs. Gordon: What is your address? Mr. Ayala: 5707 S.W. 8th Street. Mrs. Gordon: Where is the county there? You've got West Miami across the street, the city on the east, Coral Gables on the south. Mr. Ayala: Right, and down about a mile from me is going into the county. Mrs. Gordon: Oh, not across the street. Mr. Ayala: No. These are all the competition, the competition we have. Mrs. Gordon: You're letting us think that the county is across the street from you. Mr. Ayala: No, West Miami is across the street. Mrs. Gordon: That's right, I know that. There's no county in you unless you like to walk a mile. Mr. Ayala: Right. But the idea, like I said.... walking distance of Mayor Ferre: Well, that's not exactly across the street. Aren't you kind of stretching it a little bit? Mr. Ayala: Well West Miami is right across the street. Mayor Ferre: You sound like Jimmy Carter. Rev. Gibson: ...that's the most complicated thing I've ever seen. Mr. Ayala: Mr. Mayor, the only thing I am saying is one thing that I've been there six years and the license is #22 in Miami which is.... ow Mrs. Gordon: What about your neighbor across the street in West Miami, what are there hours? Mr. Ayala: They're open until 4:00. That's in West Miami, that's a Big Daddy's Lounge. But all the competition we have is either like I said a mile down the street which is another lounge, they're open until S O'Clock. We're open until 1:00 and it makes it very difficult. As far as the Sunday law I think that chang- ing that is very good. That is going to help us a lot. Mr. Plummer: Mr. Andrews, what do we have in the ordinances, I know we have some- thing that pertains to night clubs when these guys are bad guys, that we can pull their license? What do we have in reference to the for C.O.P. if anything? Mr. Andrews: The only thing you would have would be a license revocation procedure that you could go through which would be a process from my understanding. Mr. Plummer: But is that in the purview of the commission? Mr. Andrews: That's something Mr. Lloyd would have to answer better than that's in relation to... Mr. Lloyd; Oh, yes. The Code provides for that. Mr. Plummer: In reference to for C.O.P.? Mr. Lloyd; Anyone, any business. handled some of them. Mr. Andrews; Put that's a general far as night clubs are concerned. I and Oh yes, and it's been done, I've personally law, Mr, Mayor and there's a Specific law as 19 MAR 41976 Mr. Lloyd: Now this isn't the liquor license you knit, this iS just your hours. Mr. P1uer: 1 underbtand, that's what we're talking to, Mr. Dave Phillips: Mr. Mayor, you embarrass ate, l tell my neighbors, t say, that fella* IS the brightest star on the political horizon, he &aein't st&ke Min'' takes, he's destined to be in the united Staten senate and then you cane along and you make a wild statement about unrestricted hours. You seem to have forgot,. ten that the churches in Miami haven't all closed up. There are thousands of church people left and they think that liquor wrecks more lives than dope. Mayor Ferre: And t think that they're right. I agree with that but the point is that I don't feel that restricting one hour or another is going to prevent some- body who is an alcoholic or somebody who is wrecking his life with alcohol to stop drinking, You see? In other words I think we crossed that bridge 20 or 30 years ago. Mr. Phillips: You heard Conrad Willard, he's a preacher. He's down at Central Baptist, that's at 5th Street and N.E. 1st Avenue. You've given us a real problem here. Now Saturday morning Z suppose all Saturday those drunks get loaded but Sunday morning they don't have anyplace to buy anything. See? But you open up at 10 O'Clock right when our ladies are coming in, old ladies and the drunks come up and they hustle them for money.. Mayor Ferre: Look, nobody is recommending that we open up at 10 in the morning. Nobody said that. Mr. Phillips: Well, the beer is just as bad. Mayor Ferre: I agree with you but I don't think that we ought to open up at 10 O'Clock in the morning. We're talking about 1:00 P.M. And I'm going to tell you that I'm not an alcoholic and I'm just a social drinker here and there and I'm beginning not even to do that too much. But I want to tell you that from what I've seen a real honest to goodness alcoholic or person who depends on liquor just like a dope fiend is not going to be stopped by an open hour one way or another. He's going to get his liquor or his bottle or his beer or he'll go across the street or go get it in Metro or go drive up to ten buck two if he's got to. And the point I'm trying to make in all this is that all these... Look, he's got just as much right to protest this as anybody else here and I happen to tell you that half of the things he's saying I happen to agree with. But where I disagree with you is that changing these hours in my opinion doesn't change that one hoot. Now I agree with you that in the morning we should not have any of these places open on Sunday. Mr. Phillips: Do you know why that 1:00 O'Clock was arrived in the first place is they figure that church is out at that time and the people are away from the area. And we do have a lot of our ladies being accosted there by those folks. Now maybe that's just a downtown problem, maybe it doesn't exist out a ways. But Mayor, I tell you the reason that church people don't show up is because, Mr. Mayor, they hear you make statements about prohibition is gone and all of that and they think it is kind of a lost cause to come here but I don't think it is a lost cause and I want you to know that there are thousands of church people who get in- furiated when you talk about stretching the hours out. Mayor Ferre: Well, what do you recommend that we do? Mr. Phillips: Oh, I would say leave it the way it is. Mayor Ferre: Well Ok. The way it is now is it's 1:00 P.M. to 7:00 P.M. And what we're in affect saying is that we go from 1:00 P.M. to 1:00 A.M. That's your reco- mmendation, Mr. Andrews. Mr. Andrews: Yes. Rev. Gibson; Mr. Phillips, how does that fit with you? Mr. Phillips: Oh, I don't think you're going to restrict them more than they are now. I think we would be able to live with it the way it is.. We do have problems, we try to get the, the deacons try to get out in the parking lot to kind of patrol it and we do have a declining congregation for this reason. There are people that don't come to church and want to come for this reason. M. Plummer; Are you talking about Central Baptist? Mr. Phillips: Yes, tog 20 MAR - 41976 Mr. Plummer: You'vo got Aore drunks per capita tight at that intersection than any price in the Cit', ° Miami. Mr, Phillips: Well, th.ts is n problem about that church. Yes, there's another one right actoae the street - Trinity) you know. ttev. Gibson: Well, t could tell you this: I'm not in the midst of it and I wish you'd tell me how I could get there to be there. You know what I imeanfi No, the point t... I just want to make sure that we understand that more and More no gets- ing to the point that I'm not so sure, If a man isn't goitig to be morally coil tted I'm really disturbed, You know what I mean? If a man is not going to be morally committed(when I say ratan, a woman too, Rose because they're just as bad and as as plentiful) if you're not morally committed we could close up all the bars around here quotes the German philosophy, the means to do evil makes evil deeds be done. But I want to let you to know now I'm not so sure. I'm not so sure. Mr. Plummer: You see, Father, what you're saying, I want the Manager to hear this. Mr. Andrews, I want you to hear and I don't think you just heard what Father said. You know we can expand the hours, we can decrease the hours but let•me tell you some- thing, Paul. Father said that you've got to have a moral commitment on behalf of the people who you're dealing with. Now you know I was in town last night and I know I've been a sore spot about the problems that occur in the downtown area but I think it is my job. I saw last night, Paul, down there in three different in- stances in bars in the downtown area just things that shouldn't be going on, I'm talking about fights with knives, I'm talking about fights in general and things of this nature. And that's why I asked the question of you, what kind of a control do we have over these bars where this damned stuff is going on all of the time? Because it is becoming rather obvious to me that if we have any control we're surely not exercising it. And if we expand the hours all we're going to do is expand the problems. Now I'm not talking about outside of downtown because the problem does seem to be localized downtown. But, when we make a rule it applies all over town, the entire city. You know if 1 had a committment from the administration that in these bars where these problems seem to daily occur that we were going to address and attack those problems and put some of these people out that are catering to this kind of clientel then I would feel a lot safer in voting for additional hours. But if all I'm going to do is to expand the problem you can bet your sweet bippy I'm going to vote against it. I'm just telling you the way I see it. Mayor Ferre: LEt me tell you something about.. Really, I don't think anybody here is going to be brash enough to say that they have all of the wisdom and the answers. It is a complicated problem. I'd be the first to admit to you that I really don't know sometimes. I listen to arguments on one side and I'm convinced you can't legis- late morality and that's been a basic precept of Anglo-Saxon and common law for years. It really goes back to Roman times before Common Law. You can't legislate morality. But on the other hand I'm not too sure sometimes that that's true because you can make situations available, I like that statement that you made, Father Gibson. What was that? Rev. Gibson: The means to do evil makes evil deeds be done. Mayor Ferre: And that's what Plummer's talking about in downtown Miami. Now you say, well why whould you be affected by it. Well let me tell you something. I see a liquor bar, and you're not going to like this, but I see a liquor bar different than 1 do, for example, a restaurant, a hotel, a private club because unfortunately the people that, not all people but some of the people that use liquor bars are the very same people that do create some of our problems. Now you can say, well then they can go to restaurants and do the same thing there. That's true, I can't argue with that. Or why should you discriminate against peopel who don't belong to private clubs, why shouldn't they have a right to get loaded just like the rich guys do or to have a social drink? I'm not worried about the social drinker. What Plummer is pointing out is that there is a realistic problem and the realistic problem is that we've got all kinds of crimes being committed in downtown Miami. Look, I'll give you an analogy - prostitution. A lot of people say, "Well, prostitution is a victim- less crime, why don't you get your Police Department to go worry about serious things instead of chasing after these prostitutes who don't mean anything." Let me tell you something, prostitution itself may be a victimless crime but the pimps that come with the prostituion who mug, breaking and entering, everytixue the prostitutes move into the boulevard and the prostitution activity starts going up breaking and enter- ings start going up, muggings start going up, drug problems start going up in the neighborhood so a lot of things go with it. Now you may say that's a bad analogy and I'm not saying that just because somebody can have a drink that that creates a crime but I'n saying that the availability of being able to do some of these things there is no question has a serious impact as Plummer has pointed out in some areas like the downtown area. 21 MAR "r 41976 Mr. Pluer: Let ite answer there, Mr. Mayor, because t hate to make the record clear. You know ih no way am t trying to indicate that the bat owhera ate police= Men and that they should police their bat ateas. St1t you know, Mr. Mayor, as 1 look back to just last e{iening, and this is repeated day after day, t Winder if we asked the policeman who got the hell beat out of hit fighting with a guy last night in a downtown bar with a knife if he wanted to expand the hours what would his answer be. Mrs. R. bunn: Mr, Mayor, I cannot believe that you can bring the question of morality and alcohoiien► into this meeting.... No, t have a downtown bar. 2 happen to be in what you would call the skid -row area, Mr.. r1unmer: Which one is your's ma'am? .Mrs. Dunn: Stone's, 200 W. Flagler. I hope it wasn't there last night. Mr. Plummer: 1 was. Mrs. Dunn: Good. The idea is this is the same commission that four weeks ago passed a law that you could buy beer and wine in a convenience store as long as that store is legally open which means you can buy beer and wine in a grocery store 24 hours a day in certain spots and we, who spent $17,050 a year for a license are limited. What is the difference between the booze you buy in a groc- ery store and the booze you're going to buy in my downtown bar? Mayor Ferre: Are you talking about beer and wine? Mrs. Dunn: Yes, I am. And it is just as dangerous as liquor and you yourself said it. How can you stand there on one day and give them 24 hours to sell and us who spend $17,050 a year for a license and also have our whole life in stake with this, they get caught by the Beverage Department what happens to them? We get caught we can lose our license, we can go to jail. What are we talking about? You're dividing this whole thing up in You're losing the whole idea of the ting. Also, we're in business. I mean you can buy it in one store on one side of the street and you can't buy it on the other side of the street? I think we have taken this liquor and we're bouncing it in front of us for 30 years, and I've been here for 30 years and I know alcoholism is a problem but I don't think we're going to solve it here. Mr. Raymond Hammer: Excuse me, Mr. Mayor, commissioners, my name is Raymond Hamner. I live at 3130 S.W. 27th Avenue. It seems to me that you can run into a thousand different areas of discussion. It says here at 9:15 Paragraph #5, Uniform Closing Hours establishment dispensing alcohol, liquor and I think it is regarding the City of Miar.:.. Now we got into subjects of the county, of various moral standards, etc. etc. As long as I've lived in Miami, and I've been here 15 years, you could buy OW alcohol anywhere you want if you got in your car or you walked across the street in various areas, across the county line. The idea of uniforming the hours of clos- ing would probably make it a lot easier for law enforcement who right now does not know one bar from another as to what time they're supposed to close or not. Regard- ing what Mr. Plummer had to say is a question of law enforcement. If you have a bar that is problematic then the police force has to know about it and those places should be closed. As far as operators policing their own business, the majority of the independent bar owners do police their own business. I for one do not toler- ate any off-the-wall nonsense in the place that I manage and I know a lot of individ- uals here also police their own business. What we're talking about is the uniform hour of closing and 3:00 A.M. is by no means in the year of 1976 which we are in now being too liberal because you have private clubs, semi private clubs I should say because not all the private clubs in the City of Miami are regimentated to where any one of us could not walk in with a group of people and get a drink. After my bar and a lot of 1 O'Clock bars close you walk down the street to a three or four O'Clock bar or a five O'Clock bar and I think that is archaic. I think that every- body should have a 3:00 O'Clock closing, the Police Department will know that within the City of Miami everybody has a 3 O'Clock closing period and that should end a lot of the complications. What have you got over here? You've got to go to school to understand this - who has this license, who has this variance. It is ridiculous. Mayor Ferre: I think what you said makes some sense, and you know what I thank in my opinion we ought to do? I've been bouncing all over the place on this but let me tell you what I think we ought to do. The purpose of all these hearings has been to try, and you really put your finger right on it, I think you really came to the main point; that we're trying to get this uniform. It isn't whether it is right or wrong because we're never going to settle this argument here as to whether it's right or wrong, Mr, Hammer: Exactly. 22 t: Mayor Fevre: What we're trying to do is end up so that we have less confusion aid that we're just like the county not because the county id better or bigger or tighter or anything else, we're just truing to simplify this whale prboess. to I pass the gavel oVet to the Vice, -Mayor and 1 make a motion that we fallow the Code 35=151 of bade County with regards to Liquor Hare C.O.P. and that Beane BM A.M. to 1:00 A.M. on weekdays, 000 A.M. to 1,00 A.M. Saturdays and 5s00 P.M. to 1:00 A.M. Sundays with beer only from 10:00 A.M. to 5:00 P.M. just like the county has. Mr. Hammer: t don't understand that. Mr. Plummer: Well wait a minute, there is no discussion until he gets a second. Mrs. Gordon: There is a motion, is there a second? You heard the motion, is there a second? Mr. Reboso: Yes, I second the motion because I proposed this two years ago that we adopt the same code that the county has. The other thing is I don't know if it is legal that we adopt that entirely without the people from the other night clubs and the supper clubs being present here. ... No, he's talking about the whole... Mayor Ferret No, liquor bars. C.O.P. Mr. Reboso: Oh, liquor bars, C.O.P, that's no problem with me. I second the motion. Mr. Hanauer: Would you please explain to me what is going on? Mayor Ferre: I followed your advice. You said that we should be like the county... Mr. Hammer: I didn't say that, Mr. Mayor. I said that there should be a uniform closing in the City of Miami. I don't know about the county and what Mr. Shadrock had to say you have to be a lawyer to understand variances, distance from churches, etc., etc. I don't see why in the City of Miami everyone that pays for a license of $17,050 a year as opposed to a private club that pays only $450 a year - this is tax revenue - can stay open until 4 O'Clock in the morning and they semi -private. By no means are they restricted private clubs - why we do not all have a 3 O'Clock closing period and that would eliminate, this thing has been going on for 15 years here every six months. Everybody comes up and keeps trying, people write to you, they call to you - let's go and support. That's why you heard the applause. That wasn't just, everybody has a personal interest when they get up here to talk, that wasn't to sway anybody. It was only to say that we're here in force to say that we would like to have a uniform closing and 3 O'Clock is not being too liberal. Mayor Ferre: That is not before us at this time. • Mrs. Gordon: You are out of order, the motion is on the floor. Is there any further discussion? If the Mayor wants to repeat the motion? Mayor Ferre: What I'm saying is if you look up at this chart that we completely follow the county's procedure now not to confuse things anymore. Frankly, I think a liquor bar, the people really don't care whether they're open at 7 A.M. or 8 A.M. in the morning. They do? UNIDENTIFIED SPEAKER: You're wrong there, I'm near the airport and we've got people that work all night and that's 5 O'Clock in the afternoon to them - they're in my bar at 7 O'Clock in the morning - ... National, Eastern, Delta. Mrs. Gordon: You're the City of Miami? What's your address, sir? UNIDENTIFIED SPEAKER: 4840 N.W. 7th Street. Mayor Ferre; You mean to tell me it's important whether you open at 7 in the morn- ing in a liquor bar and 8 O'Clock in the morning? UNIDENTIFIED SPEAKER; This morning at 7;00 O'Clock I had 12 men that work for Nat- ional Airlines in my place and I've been doing it for 20 years, Mrs. Gordon; Mr. Mayor, I don't see we're making anybody happy and why don't we just table this whole thing. No matter what we do we're not going to make you happy. UNIDENTIFIED SP£; You've been running away from this for 15 years. Nr. Hammer: Mrs, Gordon, is there anything wrong with standard.,.. Naas. Gordon; We have a motion on the floor, we haven't withdrawn the motion. The motion la still here. 23 MAR - 41976 M. Reboso: Rose, I think we have to listen to these people and we have been talk4 ing about this thing for two years. Mrs. Gordon: t knot,/ but you understand that you cant aoi.ve the problem. Mr. Reboeoi Let me tell you something, Miami is an international city. Everyplace you go in Latin America, Caracas, Bogota, Rio, everyplace these places are open until 3 O'Clock, 4 O'Clock, 5 o'clock in the morning. And the Main income that we have here is on the tourist people and When they arrive to our city they find Out that the places are closed at 1:00 A.M. Mrs. Gordon: Well, that's what the motion is. Are you then withdrawing your second? Mr. Reboso: No, I'm not withdrawing the second but I think we should review the closing hours in the City of Miami because... Mrs. Gordon: Well, what are we doing then? WHat are we here for? Mr. Hammer: This is what we should discuss right here and now. It would eliminate all the complications. Mr. Reboso: We can't now, legally we can't now. Mr. Hammer: We can't make it a 3 O'Clock closing? Mr. Rebosn: Not now. Mayor Ferre: Not at this hearing. This hearing does not cover that, I've been try- f, ing to tell you that. We're talking about apples and we can't talk about apples today. Mr. Hammer: When can we do it? Mayor Ferre: Because it is againast the law, against the Charter of the City of Miami. Do you know that? The Charter, we've got to follow that. A11 I'm saying is that's something that we can discuss later on. Mr. Hammer: If I understand you correctly then what has been accomplished today by your recommendation was that the for C.O.P. license on Sunday can open at 1 P.M. and close at 1 A.M. Mrs. Gordon: That's not the motion. Mr. Hammer: Was that your motion, Mr. Mayor? Mayor Ferre: That was my original.... Mrs. Gordon: 5 P.M.... Mr. Hammer: Well, I concur with that. Mayor Ferre: As I've heard more and more discussion I think that the simplest thing that we can do to move forward is to try to simplify which was the whold process of this, is to make these hours the same as Metro's. Mr. Hammer: But they have a 1 O'Clock closing on Saturday... Mayor Ferre: And I'm recommending that we do exactly that. Mr. Hamner: But we all have a 2 O'Clock now, now we're going to lose an hour on Saturday night. Mrs. Gordon: We're on discussion now, and you know I'm not saying you can't speak to us about your feelings but you've been repeating the same over and over with re- gard to what you feel and I appreciate your feelings. Mr. Hammer: Mrs. Gordon, he told me that I'm out of order at the 3 A.M. closing, we're not discussing that now. Mrs. Gordon: The public hearing now, I'll read you what was advertised. It says, "Uniform closing hours for establishments dispensing and selling liquor for consumpt- ion the premises, liquor bars - for C.Q.P." Is that advertised, Mr, Andrews, in that way? Ok, So, I don't know, I'm not going to dispute the Mayor's statements or anybody else's but the motion that's on the floor is tQ adopt the sauce hour schedules 24 ag is presently in operation in the County. That's what the Motion that's on the table right now, Now if that motion is withdrawn of if that Thetion is &Mended then we Cain disuse something else, Yea, sir, will you state your hate for the records please. Mr. Henry Gibbons: My name is Henry Gibbons, t'fn With the v. s . doversviteht small busineas administration. My only concern this morning ie the fact that I would trust that you would not cut any of the hours back on any of these operators for one basic reason. Many of these people that are in business have borrowed money to go into business. They have based the repayment of these funds oh a projection allowing them ''x" number of hours to operate. Now my only concern is that if you cut back you're cutting them back into prime time that they're operating and you aright very well affect their ability to repay and we are in a terrible economic situation here in this community today and I'm very concerned about that because as you know our loan portfolio in our agency and our delinquency rate is one of the highest in the county. We have a lot of bars on our books and I am concerned about those small businesses. Mrs. Gordon: Well, I'm going to say that I get concerned too when we're trying to accomplish something and we're trying to uniform something by saying that we're going to unify it so that one side of the street hasn't got a distinct advantage of the other side of the street where the county is operating. It is almost imposs- ible, we tried for years to unify it across the board with the municipalities. Mr. Plummer worked on that, I don't know how many hours he put in. Mr. Plummer, you worked with the league of cities on that tirelessly and endlessly and couldn't come up with a uniform across the county and across municipality lines and we are trying our best to give you some relief by unifying at least with the county but when we hear that you complained because the Mayor wanted to exactly what we're trying to do by following the county's hours - that's not being fair and that's nt good - I mean it's just too much. Rev. Gibson: Let me ask this question. What objection do you have to the 1 and 1, what objection do you have? Do you have any objection to that? Mr. Shadrock: Well, at this moment in time I don't have any because you're not considering an overall uniform hours which I say should be 3:00 but I do think that the 5:00 P.M. to 1:00 A.M. that the county has doesn't make much sense either. It ought to be 1:00 P.M. to 1:00 A.M. on Sunday as Mr. Andrews recommended. Rev. Gibson: But the thing I see with it, 1 to 1, that's what I'm talking about ... Mr. Manager, what was your recommendation? Mr. Andrews: My recommendation was that we unify the hours not by going to the 10:00 A.M. but by going to the 1:00 P.M. to 1:00 A.M. for Sunday. But if you want to really unify the hours completely and eliminate any differences between the city and the county As the first step and then you'd have to go to the 10:00 A.M. for beer to 5:00 P.M. and from 5:00 P.M. to 1:00 A.M. you'd permit the selling of liquor. Mayor Ferre: Father, if I may just for a moment. All right, Father, go ahead. Rev. Gibson: You heard what he said? Mr. Shadrock: Yes, I agree with him that it should be 1:00 P.M. to 1:00 A.M. Rev. Gibson: Maybe we can get that over and then... You know we'll be here all day. Mayor Ferre: What we're trying to do here is, and you yourself many times have told me that these laws of ours are completely obsolete antiquated written 30 years ago, a lot of them don't make any sense like the one we got cleared off that you had to have a window in every bar and that was when the old lady would go down and see if the old man was wasting the paycheck there drinking. Now you know those are things that were in vogue 30 or 40 years ago but today are really kind of obso- lete type of laws. Now what we're trying to do as I understand it anyway was we were trying to unify this whole process so that we don't get into all these compli- cations where each jurisdiction has a separate set of laws. And the purpose of all this was that we were going to try to start trying to get closer to that Metro has so that we could simplify it. Sut what in affect we're trying to do now is we're going to change them but we're going to go beyond Metro. Now we're going to have the sane problem but in reverse. Before Metro Was more liberal. than Miami and what we're going to end up with now is Miami is going to be more liberal than Metro and we're still not going to have a uniform code, I WAS thinking that perhaps what we ought to do is try to get as close to Metro as possible then sit down with Metro, have our staff try to work this whole process out whence we can come luck with a uniform thing for city and county throughout the whole area. 2 MAR - 41976 Mx. Plummer: Mr. Mayor, let me tell you sotething. t have to tell you this but Rose indicated to you before that two years 1 fought this battle with the bade League and I can tell you that when you sit down with the county their answer is going to be the same today as it was two years ago and that is - "City of MiaMi, if you want uniformity just adopt our hours." That was their answer then and it is going to be their answer now. My reconnendation will be reflected in tty vote, sit. Rev. Gibson: Well, it looks like we ought to go ahead and take the 1 and 1. Mts. Gordon: The motion oh the floork are we going to vote on that or are we going to withdraw it and amend it or what? We have a motion. Mr. Plummer: Mrs. Gordon: Rev. Gibson: Mr. Plummer: Rev. Gibson: Just to answer your question► the motion as stated I vote against. Mr. Mayor, are you going to leave your motion on the table? (INAUDIBLE) No, we have 1 to 7 right now. No, he just dealt with the one from 1 to 1. Mr. Plummer: Father, I'm not going to take... Father, the one thing I'm going to be most opposed to is that Saturday night closing. You know you're talking to a teetotaler but let me tell you something I don't see anything wrong on Saturday night for that additional hour. Mayor Ferre: I withdraw my motion and then we're back to where we were. Now what i" is the will of this commission? I'll take the gavel back and I'm open for any mot- ions. Let's go. Mr. Plummer: The additional hour on Saturday. Mrs. Gordon: Do you want to make a motion, Mr. Plummer, please? Mr. Plummer: No, I don't want to make a motion. Mayor Ferre: Everybody wants to go to heaven, nobody wants to die. Mr. Reboso: Mr. Mayor, I move that we keep the same times during the week from 7 to 1:00 A.M., the same time on Saturday from 7 to 2:00 A.M. and we move from 1:00 P.M. to 1:00 A.M. on Sundays. Rev. Gibson: Well that's the same thing, isn't it? B Mayor Ferre: No. There is a motion on the floor that we remain the same during the weekdays and Saturdays and that we change Sunday which is presently 1:00 P.M. to 7:00 P.M. and extend it to 1:00 A.M. That's the only change. Mrs. Gordon: I'm going to speak to that motion, Mr. Mayor. Mayor Ferre: Is there a second to that? In other words this is what the Manager recommended and what Mr. Cye Shadrock... Mr. Plumper: No, it isn't either. Mayor Ferre: Mr. Plummer: Mayor Ferre: It isn't? Let the Manager speak to it. Is that what you recommended? Isn't that what you recommended, 1:00 P.M. to 1:00 A.M.? Mx. Andrews: I started with the top by saying I recommended that we go 1 A.M. Saturdays, 8 A.M. to 1 A.M. and on Sundays from 1 P.M. to 1 A.M. Rev. Gibson: That's what I thought. Mayor Ferre: This is different. This is... Mr. Plummer: He's cutting down in the morning one hour each. Mayor Ferre; Leaving the seek and Saturday the same..,. Mr. Reboso; The only thing I'm changing is Sunday, that's all, to 8 A.M., 26 MAR e. 41976 0 Rev. Gibson: Right. Mrs. Gordon: In other words, Mt. Andtewa, what you're recoMmehdihg is essentisily the sate thing that the restaurants ate operating with right how, Right/ You're saying that the ii4vor bars be unified with the testaurants, is that correct/ Mayor Ferre: All right, there is a motion. is there a second to the motion? Going OhCe, is there a seeond to the ►otion? Mrs. Gordon: that was the motion? Who made the motion? Mayor Ferre: The motion was leave weekdays and Saturdays the same as they presently are and change Sunday from 1:00 P.M., expand it make it 1:00 p.M. to 1:00 A.M. Mrs. Gordon: Well, there is no second yet... Mayor Ferre: Is there a second twice? Is there a second to the notion? Hearing• no second to Commissioner Reboso's motion it dies for lack of a second. Now. Any further discussion? Any other motions from this commission? Mr. Plummer: Let me ask this question. Mr. Lloyd, this is not even in fact really a first reading. Is that correct? Mr. Lloyd: You are correct. This is just indicating the intent of the commission as to what we're going to do on the First Reading and you're taking them in sequence and by portions as according to the advertising for the hearing. Mr. Andrews: May I assist further, please? It's not even a first reading. All this is would be a motion to have Mr. Lloyd prepare the ordinance for the First Reading. Mr. Plummer: All right. Now also, would in affect at the next meeting when First Reading would take place, would that also be a public hearing where the public could be heard? Mr. Lloyd: The public can be heard. It's not to be officially billed as a public hearing but the public may be heard on the ordinance. Yes. Mr. Plummer: See, let me tell you one of the things that bothers me. One of the things that bother me, how many liquor licenses for C.O.P. do we have in the City of Miami? 600? How much? 145. At best, and I'll be conservative, you've got 25 bars represented at best. Ok? Now, Mr. Phillips said.... Mayor Ferre: Is that a motion? Are you going to make a motion because we've got to get on with this thing one way or another. Mr. Plummer: I'll shut up. Mayor Ferre: Well I'll give you another motion. Let's see if we can come up wih a compromise somehow. I move that we leave the liquor bars C.O.P. during the week the same way it is - 7 A.M. to 1 A.M. - Saturdays 7 A.M. to 2 A.M. exactly the way it is and that we change the Sunday to be identical to the county which is you can have beer from 10 A.M. to 5 P.M. and at 5 P.M. you can serve hard liquor from 5 P.M. to 1 A.M. Now there is another alternative. Mrs. Gordon: What was that again? Say that again. Mayor Ferre: That we follow the county on Sunday. Mrs. Gordon: And during the week? Mayor Ferre: During the week leave it the same as we have it - 7 A.M. to 1 A.M., 7 A.M. to 2 A.M. Just change Sunday, make Sunday like the county. Mrs. Gordon: Ok. All right, that's the motion that Sunday hours be switched from 1 P.M. to 7 P,M. to 5 P.M. to 1 A.M. Is that correct? Mayor Ferre; Right, except that they can serve beer from 10 A.M. to 5 P.M, just like the county. Mr. Reboso; t second the motion, Mr, Plummer; ',What 1 can't agree with, Mr, Reboso; I second the motion, It's not the relief I was least some, 27 looking for but at MAR - 41976 1 n Mrs. Gordon: I think you would have a devil of a trine to police it► Mt. Mayor+ Mir, Plummer: I just can't see the 10 A.M, serving beet on Sunday bOrning• UNIbENTtFISD SPEM ER: ...at 10 A.M. in the markets on Sunday morning. Mr. Plummer: That's right, but they're taking it horse to drink it. UNIDENTIFIED SPSAI(ER: They are? Take a look outside some of those places and see how they gather and drink it. Mr. Plummer: I've been telling the Manager now for three different meetings he'd better start taking some looks because as far as I'm concerned the neat meeting my recommendation is going to be to decrease the hours. Mrs. Gordon: The motion is to change the Sunday hours on the liquor bar C.O.P., liquor bars operating under C.O.P. on Sunday only from 1 P.M. to 7 P.M. to 5 P.M. to 1 A.M. Is that correct, Mr. Mayor? Mr. Plummer: With beer being sold at 10. Mayor Ferre: Just like the county. It is exactly identical to the county which is beer is sold, if you'll look on that chart you will see an asterisk. It says 5 P.M. to 1 A.M. There's an asterisk next to it. Do you see that? Mrs. Gordon: Yes. Mayor Ferret Now look down in the left hand corner. Mrs. Gordon: Oh, I see. Ok. Then what you're saying is that this would conform to the county. Mayor Ferre: That's right, we'll just change our Sunday to conform with the county and leave our weekdays and Saturdays the way they are. Mr. Plummer: Then it's not conformity. Mrs. Gordon: Why isn't it conformity? Mr. Plummer: Because it shortens the hours by one hour on each morning. Mayor Ferre: No, on the contrary. Mr. Plummer: Then it's not conforming. Mrs. Gordon: Where it is shortening it? Mr. Plummer: 7 A.M. to 8 A.M. Mrs. Gordon: He's only talking about Sunday, J. L. Mr. Plummer: No, he's talking about weekdays also. Mrs. Gordon: He did not. I know it is getting very confusing at this point. Mr. Plummer: I'm not confused. Mayor Ferre: Let me repeat it because you aren't hearing. I proposed to leave the City of Miami's Code Section 3-8 for Liquor Bars C.A.P. for the weekdays and Satur- - day the same as it exists today. Mr. Plummer: That is nonconforming with the county. Mayor Ferre: That is 7 A.M. to 1 A.M. during the week, 7 A.M. to 2 A.M. Saturday - that is different from the county's. I am proposing that we change our Sunday times to the county's times which is 5 P.M. to 1 A.M. except that beer only can be served from 10 in the morning until 5 in the evening. Now I'm just trying to get something going here because otherwise we're going to be here until 3 O'Clock in the afternoon just talking. I made a motion and there is a second. I call the question The preceding motion was introduced by Mayor Ferre, seconded by Commissioner Reboso and failed to pass by the following vote - AYF$: Mr. Reboso and Mayor Ferre NOBS; Mr, Plummer, Rev. Gibson and Mrs. Gordon, 8 MAR 4-1976 OM IOU CA ,t Mr. Plterat Bated on the fact of the beet being sold before 1 o'clock 1 have to Vote nog Mr. Pitt tert Mr. Mayor, I'll stake you a motion and I'M basing this, and 1 want it understood fully because 1 don't think that the public is truly represented here today in the form of the public or the owners, for the purposes of having a first reading where it will be fully understood that it will be a public hearing together with the vote 1 will offer you a motion, Mr. Mayor, that we draw up the proper ordin= antes for consideration at the next Meeting for 7 A.M. weekdays to 1 A.M.; Saturdays from 7 A.M. to 2 A.M. and Sunday from 1 P.M. to 1 A.M. Mrs. Gordon: Repeat, please. Mayor Ferre: The Motion is that it be exactly the way it is for weekdays, exactly the way it is for Saturday and that Sunday be changed from 1 P.M. to 1 A.M. Mr. Plummer: With a full understanding that we draw ordinances for continuation of a public hearing and a first vote on the next meeting. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 76-241 A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE AND SUBMIT TO THE COMMISSION AT ITS NEXT REGULAR MEETING, AT WHICH TIME A PUBS LIC HEARING WILL BE HELD ON THE MATTER, NECESSARY LEGISLATION TO ACCOMPLISH A CHANGE IN THE CITY OF MIAMI'S PERMITTED HOURS OF SALE OF ALCOHOLIC BEVERAGES BY LIQUOR BARS TO ALLOW ALCOHOLIC BEVERAGES TO BE SOLD FROM 1 P.M. ON SUNDAY TO 1 A.M. THE FOLLOW- ING MONDAY. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson. NOES: Mrs. Gordon and Mayor Ferre. 13, ACCEPT PLAT - DOUGLAS GARDENS SUB, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-242 A RESOLUTION ACCEPTING THE PLAT ENTITLED DOUBLAS GARDENS, A SUB- DIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTHORIZING AND DIRECTING THE CITY MAN- AGER 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 was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 29 MAR 4-1976 41 ACCEPT' COMPLETED WORK - CITY HALL AIR CONDITIONING IMPROVEMENTS `HAKE II The following resolution was introduced by COMildbeioner Gibson, who froVed its adoption: RESOLUTION NO. 76,,243 A RESOLUTION ACCEPTING THE COMPLETED WbRI 0P SOLO AIR CONDIT,- ZONING & HEATING CO., INC. P'OR THE CITY HALL = Atil CONDXTtON- ING IMPROVEMENTS (PHASE II) _ 1975 AT A TOTAL COST OP $12,231.02; AND AUTHORIZING A FINAL PAYMENT OF $4,131.02. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 1S, AUTHORIZE CE ITYAMANAGER NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT INC, GvMAN IN WASHINGTON) Mayor Ferre: Mr. Manager, this is moving up to $17,000. Are we getting $17,000 worth of Mark Israel? Now you're going to have to judge that for us because I'll tell you I haven't spoken to Mark Israel in 2 months. Mr. Andrews: Almost everytime our staff goes to Washington we consult with him, he spends the time with us. If the commission every goes there... Mayor Ferre: That's super and I'm not arguing against that but you know we don't need to pay $27,000 to have somebody pick us up at the airport and take us to H.U.D. or someplace. Mr. Andrews: Oh I know that, sir. I think that this serves the city well. Mayor Ferre: He knows what he's doing? Mr. Andrews: Yes, sir. Mayor Ferre: And he's capable and he's moving us, does he get results for us? Mr. Andrews: Yes, and he also informs us of things coming up that we should parti- cipate in. We don't rely on him, on us just calling him, he's informing us. Mayor Ferre: I want to make sure that we're just getting our $17,000 worth. Alright. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-244 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT, HERETO ATTACHED, BETWEEN THE CITY OF MIAMI AND THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. TO PROVIDE FOR A WASHINGTON ASSISTANT TO THE MANAGER TO ASSIST THE CITY IN BEST UTIL- IZING FEDERAL AID PROGRAMS AND TO MAINTAIN LIAISON WITH THE CITY'S CONGRESSIONAL DELEGATION; FURTHER AUTHORIZING SAID AGREEMENT TO BE FOR A PERIOD OF ONE (1) YEAR; ALLOCATING FUNDS IN THE AMOUNT OF $17,000.00 FROM THE 1975-76 FISCAL YEAR BUDGET FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by a unanimous vote. NOES: None. 0 MAR 4 1976 AUTHORIZE MANAGER TO PEAT, MARWt CK, Mi1'CHELL & CO, 10, ENTER INTO AGREEMENT "FINANCIAL MANAGEMENT SYSTEM FOR CITY or MIAMI" The following resolution wee intrOc aided by COMMISSiOher Plurdier, Who sled its adoption: RESOLUTUN NO. 76,424S A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PEAT, MARWICK, MITCHELL AND COMPANY, A PRO; j MyE$B OVAL CONSULTING /'IRM FOR THE PURPOSE or DEVELOPING A "FINANCIAL MANAGEMENT SYSTEM FOR THE CITY OF MIAMI", FUND- LNG OF WHICH HAS BEEN PROVIDED THROUGH FEDERAL REVENUE SHAR- ING FUNDS BY ORDINANCE NO. 8345t NOT TO EXCEED A COST OP $150,000. (Here follows body of resolution, omitted here and on file • in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. SEMI-ANNUAL PUBLIC HEARING ON TRANSFERS OF 17, SET DATE AND TIME CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-246 A RESOLUTION DESIGNATING MARCH 25, 1976, AS THE DATE FOR A PUBLIC HEARING REGARDING TAXICABS AND OTHER VEHICLES FOR HIRE, CHAPTER 56, THE CODE OF THE CITY OF MIAMI, FLORIDA, AND PROVIDING FOR NOT- ICE OF SAID HEARING BY PUBLICATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 18, gimp ORDINANCE INCLUDE ANTICIPATED REVENUE OF $47,620 FOR FEES a SPECIALIZED REC,CLASSES-DEPT,OF PARKS AND REC, AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 8464, AS AMENDED, TO INCLUDE ANTICIPATED REVENUES IN THE AMOUNT OF $47,620 REPRESENTING FEES AND ADMISSIONS FROM PARTICIPANTS IN SPECIALIZED RECREATION AND EDUCATION CLASSES OFFERED BY THE CITY OF MIAMI DEPARTMENT OF PARKS AND RECREATION AND TO INCLUDE ANTI- CIPATED EXPENDITURES IN THE AMOUNT OF $47,620 FOR PAYMENT OF CLASS INSTROCTORS AND FOR PURCHASE OF CLASS MATERIALS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND CONTAINING A SEVERABILITY PROVISION. 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- 31 MAR 4 » 1976 AYES: Commissioner Manolo Reboso Conrniissioner J. t. P1thB er, Jr. Commissioner (Rev,) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Perre NOES: None. Whereupon the Commission on Motion of Commissioner P1UM er and seconded by Commissioner Gibson, adopted said ordinance by the following Vote - AYES: Commissioner Manolo Reboso Commissioner J. .. Plummer, Jr. Commissioner (Rev.) Theodote Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8527, 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. 19. DISCUSSION- PART TIME GOLF STARTERS AT GOLF COURSES -ACTION DEFERRED Mr. Andrews: Mr. Howard is here to inform the City Commission of facts in this matter. However, when we left this, Mr. Mayor, you were quizzing the parks repre- sentative, the golf course representative with reference to the amount of revenue that they had projected the city might receive and I think he had indicated that it was about $80,000 when we were indicating that it was somewhere near $107 to $117,000. Now Mr. Howard has all the information here,if you wish to go through it we can, Mr. Mayor. Mr. Plummer: Well, why don't you go through it the other way, since there is a discrepancy between the two, Mr. Howard has stated his case on a chart, ask this man to show us where it is from. Mr. Andrews: Mr. Mayor and members of the commission, I'd like to take exception to this whole process that we're going through in that here we have an employee representative that is approaching the problem of how we're managing the golf courses in terms of the numbers of dollars that we can save and if we could save $10,000 I still would recommend that we go ahead with this process. I don't think it is the amount of money as much as it is the principle that is involved. We feel that we can improve the efficiency of the operation of the golf courses by going to part time employees in this instance and I want to recommend to the com- mission that we proceed with that approach. Mr. Howard is here to explain the details of how we arrived at this decision. Mr. Plummer: Well, why don't you just let him dispute it? UNIDENTIFIED SPEAKER: ...come to the fact that by not putting these positions in a budget you've abolished positions which is up to the discretion of the City Man- ager through the rules of Civil Service and the City Charter. Now you're not actually abolishing these positions if people still have to work these positions. Now this is not half the number of hours being worked. This is approximately the same number of hours are going to have to be worked by part time people that are now working full time. You're using indirect methods to do something that can be directly. This is a possible violation of labor laws. You also have several questions to be answered as to these figures because, I can't actually see the difference they have in the figures, the figures they have and the figures I have are different. Now where they have a figure of $145,000 spent on golf course starters' salaries, benefits, etc. I come up with a much lower figure of around $128,000 from the city budget as is presented to the golf course manager. Mayor Ferre: $120,000, what it would cost? UNIDENTIFIED SPEAKER: That's the present expenditures for the nine full time starters presently at the courses. Mayor Ferre: And you're saying that it would go down to what? Mr. Al Howard: The actual expense would be about $39,000 With part time... Mayor Ferre: We would then be saving $90,000? 32 MAR 4 976 Mt. Howard: $i6 ,000 id.... Mayor ferret And you're saying that we're hot going to save $107,006, UNtbENTI 'tEb SPEAKER: Correct, sir. Mayor Ferret How much are we going to save? UNIDHNTIEIEb SPEAKER: A maximum of approximately, Might at this morment, $60, 000 and it could be less. Mayor Ferret I don't know what the rest of this commission feels but $60,000 is a heck of a lot of money in this time and age and I'm for that and I go along with the administration's recommendation unless there is a motion otherwise. Mr. Mike Komisky: Mr. Mayor, Michael Komisky, A.F.S.C.M.E. Local 654. I think the whole question is based on economics but has not fully come out on why Mr. Howard wants to go to part time people. He has stated to the board ( the Civil Service Board) he has no use for them and the way to get around the Civil Service Board is to go to part time people where they have no Civil Service rights. On fact of it, if he does it this way with the starters he plans next to go to the cashiers and the lifeguards. Next he'll want to go farther down to recreation. He'll be running a department with no Civil Service employees. Mayor Ferre: Well, we'll have to take these things up as they cane up. Obviously now if he's going to come up with a part time for everybody in the department I'm going to be totally against that. o Mr. Komisky: Well, you can ask him right now about the pools and the cashiers. Mayor Ferre: Is that your intention, to make everybody part time? Mr. Howard: To have the pools, the lifeguards we don't use them all year long - we don't need them and the cashiers. That's the only thing we have in mind but that's presented in the budget as a proposal and you accepted it. Mayor Ferre: Look, the way I look at it is you say we're going to save $107,000 and he admits at least to 60. I don't see how we can say no to saving $60,000. UNIDENTIFIED SPEAKER: Mr. Mayor, the facts that I have on the $60,000 just based on the actual operation of the golf course at its present level. You have involved here an actual decrease in the services to the people that are participat- ing in the golf and going to these golf courses. The facts and the hours that have been presented by Mr. Howard are not actually what should be covered at the golf course. And the actual expenditures would be nowhere near the $38,000 he predicts. The fact is that all the information presented so far to support his case, the majority of it has been incorrect and untrue facts. Mr. Howard: That is not true. A11 of the facts here have been taken from the city budget including all fringe benefits and all hours and hours of operation. Rev. Gibson: ... you admit a saving of $60,000? UNIDENTIFIED SPEAKER: On the paper. Yes. Rev. Gibson: No. On the paper he said 107 ...(INAUDIBLE) Mrs. Gordon: The question I need answered is are the services going to be dimin- ished? Mr. Howard: No, they're not. As a matter of fact they're going to be increased because we're utilizing the pros and that staff where the people will come into the pro shop, get their pro sheets, walk out to the first T and get started off the course just as they have before. We'll have park rangers on the course arranging the course in a much more efficient manner and I think the course itself will im- prove because right now we have 200 hours a week where we have men in there when we only can open 84 hours. That means we have men there 116 hours when we don't need their - 116 man hours that we have to pay these men.and that doesn't help an efficient operation. Mayor Ferre; Any further questions? Mrs, Gordon; Are you paying anything to the park rangers who are supplementing the hours that you're removing by way of this adjustment? 33 MAR u. 1976 Mr. Howard: Ake we increasing anything to existing? MO, Mrs, Gordon: to, but are you taking theti and utili`iig, don't you allocate coat to this operation when you put Men there as patk ranger0 tf they weren't here they'd be somewhere else wouldn't they? Mr. Howard: Right. Mrs. Gordon: Well, in other words where you're taking them from are they superfluous, is that the reason? Mr. Howard: No, presently they're under Manpower Brograti, Mrs. Gordon.' But there is a cost factor there in their operation on the course. Is that right or wrong? Mr. Howard: Right. Mrs. Gordon: Have you added that cost factor or subtracted that cost factor from your so-called savings? Mr. Howard: For the number of hours ... No. ... Mrs. Gordon: Well yes, when you're doing a cost analysis you supplement one kind of service for another you don't get it for free. You pay for it. Now are you telling me that it doesn't cost anything for you to put the park rangers there? Mr. Howard: For four hours a day, is what we're going to do during the heavy times would be about $10,000 a year. That doesn't show on this chart. Mrs. Gordon: Well why do you give us half way figures, Mr. Howard? Mr. Howard: It isn't half way figures. Mrs. Gordon: Well, I don't want a half way story. I want the whole story or none at all. Now if you're going to do it that way you're going to say, "I'm going to put park rangers in and they're going to work for nothing" then you're not telling us the whole story. And if they are going to cost something then it should be on that list. Mr. Plummer: I make a motion that this item be deferred and the two parties get together for the purposes of coming back with a single answer. Mr. Andrews: Mr. Mayor, why is the City Manager put in a position of negotiating = out something that I'm recommending? Mr. Plummer: No, wait a minute. Mr. Andrews: That's what we're doing. Mr. Plummer: I am not putting you in a position of negotiation. Mr. Andrews: Well that's what's happening. Mr. Plummer: This man is making an accusation that if you do what you're going to do that it's going to cut down services as well as cut down coat. Now nobody has to know what Plummer's position is when it comes to saving money. Ok? I'm not putting you in a position of negotiations. I'm asking Mr. Howard, this man to sit down and negotiate, not negotiate, to tear these figures apart and come back to this commission with one answer. Right now all we have is Mr. Howard saying this and this man saying this and we don't know. Mrs. Gordon: Right, and I can say that there was not an accurate analysis made and that's what bothers me. I'm not telling you how to manage this city I'm just telling you how I feel about facts that are presented but not complete. Mx. Howard: Is his analysis accurate? Mr. Plummer: I didn't say that it was. Mr. Howard: No, I'm asking Mrs, Gordon. Mrs. Gordon; I can't even see what you've got on there. I asked you a question and you answered Ise and that gave me enough information to make the statement that I 34 MAR 4 " 1976 have shade, if you bring that up about 6 feet 1 cah see what's on it, You've got lettere a Vatter of an inch large, Mayors Ferree She's entitled to do this. 1'tn going to give you iny opinion on it. Mrs. Gordon: 1 think it'd be much better if you had that reduced to a piece of paper like this and we receive these So that we could see What you'iie got oh there. Mayor Ferree Look, I want to give you say opinion, and of course, Coimni%signer Gordon and Commissioner Plummer trade the motion, they're entitled to have a defer- ment on this thing. I want to give you my opihion. Times have changed. This is not 1030 or 1045 * we live in 1076. I think in 76 the City of Matti has a compli- cated difficult government to run here. We have a budget of $100,060►000 that we're dealing with. We've got a community which is greatly changed in its format- ion. It is now 52% Latin surname and 30% black. It is not the same leisure com- munity that it was 30 years ago, it's changed completely. The majority of people that play golf on those golf courses, as you well know, don't even live in the City of Miami. We're rendering a service and using valuable land and what have you to people, most of which don't even live in the City of Miami and I think that we've got some serious things to address ourselves to. And frankly, I'm not overly enthused that the City of Miami renders this service of having golf courses. I don't think that that's really within the public welfare when you stop to think that we've got 350,000 people that live in the City of Miami and I want to know how many of them are golf players and play golf in the Miami Springs and the Mel- reese Golf Course. Now we have them and that's fine. Are these things carrying themselves? Do they make money for us? 4114 Mr. Howard: No, if we take steps like this they will. Mayor Ferre: Do they carry themselves today? Mr. Howard: No. Mayor Ferre: Are they a drain on public funds? Mr. Howard: They haven't used any of the General Fund because in the past Mayor Ferre: Mr. Howard: Mayor Ferre: Mr. Howard: 44 Mayor Ferre: Mr. Howard: fund and the Mayor Ferre: Mr. Howard: Mayor Ferre: Mr. Howard: Where does the money come from to support these facilities? From the fees. Is it self-sustaining? Almost, not quite. Then where does the almost come from? Because in the past when it did make money the moneys were in a golf last two years when it was down We've been living off of that? Right. So it has made Now with these recommendations will they be selfsustaining? Yes, they will. Mayor Ferret Well I want to tell you right now I'm going to go along with Rose and Plummer's motion but I want to make a motion that as far as I'm concerned not red cent of taxpayer's money goes into sustaining any golf courses even if we've got to shut them down. I think we're far away from that but just as a matter of philosophy that's how one person here feels. Mr. Plummer; Mr. Mayor, so we don't misunderstand each other or the Manager and I, I am merely asking that the facts be brought before this commission in a fair and equitable way. That's all I'm asking for and I'll ask for it every time I make a vote on this commission if I don't have the facts. 35 MAR4-1976 The following motion was introduced by Commissioner Plummer, who moved its Adoption. MOTION NO, 76-247 A MOTION TO DEFER PENDING FURTHER STUDY AND ADDITIONAL INFORM" rTION BEING FURNISHED THE COMMISSION THE MATTER OF' PART-TIME STARTER POSITIONS FOR TnE CITY'S GOLF COURSES. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commiss!oner Manoio Reboso Commissioner 3. L. Plummer, Jr. Coirmissioner (Rev. ; Theodore Gibson Vice-ayor Rose Gordon Mayor Maurice A. Ferre NOES: None, 20, CLAIM SETTLEMENT - BERGNA LEON The co11o' in;T resolution .ran introduced },_y Cam^;issioner Plummer, Who moved its adoption: RESOLUTION NO. %' 6- 2 4 8 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO 8EXONA LEON, WI'.CH= T:i,.:, ADMISSION OF LIABILITY, THE SUM OF $ 900.0) IN FULL AN'D COM ETE SETTI, VENT OF HER CLAIM AGAINST THE CITY OF MIAMI. TOR .LE ;E D PERSONAL INJURIES SUFFERED ON APRIL 19, 1973, WHEN SHE FELL ON ALLEGEDLY DEFECTIVE PUBLIC SIDEWALK AT OR NEAR 1200 S.W. FIRST STREET, MIAMI, FLORIDA, UPON THE EX.ZCU'^ICN CF A RELEASE RELEASING THE CITY OF MIAMI PROM FALL C - Ii%S AND DE MAY DS . (Here follows body of resolution, omitted here and on file in zhe Office of `.:ie C...t, Clerk.) Upon bF•ing sconded b • C=,rr;iissicner Gibson, the resolution was passed and adopted by the frl.iowinc v:tc- A'ES: Cormissioner nano10 Reboso Corraissionor (Rev.) Thoo :ors Gibson Commissioner ner: 3 . L. Plummer, Jr. Vice -Mayor. Rose Gordon Mayor Maurice A. Ferre NOES: None. $45,000,00 FROM PARKS FOR PEOPLE BOND FUND 21, AUTHORIZE APPROPRIATION: SCULPTURE FOR BICENTENNIAL PARK The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-249 A RESOLUTION AUTHORIZING AN APPROPRIATION Or $45,000.00 FROM THE PARKS FOR PEOPLE BOND FUND TO BE ISSUED TO MATCH $45,000.00 IN FEDERAL FUNDS, FOR THE PURPOSE OF CONSTRUCTING AND PLACING A SCULPTURE INTO BICENTENNIAL PARK. (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: Corm:aissioner Manolo Reboso Corwcissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Ro;;o , ordon Mayor Maurice A. r'er•r.t:: NOES: None, 36 MAR 4 .1976 221 APPOINT MEMBARS TO APPIRMAT!VE ACTION ADVISORY BOARD The following Eotion Wei introdtced by Go cissionef plummeri wrho toyed ita adoption. MOTION NO. ?6450 A MOTION Or INTENT TO APPOINT FIVE ADD/TIONAL MEMBERS TO THE CITY'S AFFIRMATIVE ACTION BOARD (YVONNE SANTAMARIA, ALICIA BOO, MANtJEL MENDOZA, AND TWO PERSONS TO BE NAMED By MR. PLUMMER AND REVEREND GIBSON AT A LATER DATE). Upon being seconded by Coneniasioner Reboso, the motion was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Parrs NOES: None. 23, RENEW CONTRACT The following motion adoption. PHIL HAMMERSMITH ADMINISTRATIVE ASSISTANT TO THE MAYOR was introduced by Commissioner Plummer 'who moved its MOTION NO. 76-251 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A ONE YEAR RENEWAL CONTRACT BETWEEN PHIL HAMERSMITH, ADMINIS- TRATIVE ASSISTANT TO THE MAYOR, AND THE CITY OF MIAMI, AT AN 8% INCREASE IN SALARY FRAM $12,000.00 TO $12,960.00. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. ERSQQNAL APPEARANCE 24, MR, F'ALLOTT rSKING APPDINTMENT OF: XECUTIVE UIRECIOR FOR THE CITY OF MIAMI EAUTIFICATION OMMITTEE-PUBLICITY Mr. Al Pallott: Mt. mayor, Mrs. ' ordon, gentlemen of the City Commission, I am delighted to be here this morning as Chairman of your Comtittee on Ecology and Beautification and I'm very happy that Al Parker who is the first Vice -Chairman of this committee is likewise here. We're here this morning requesting that the city give us an executive director although the agenda calls for a public relations director in reality an executive director. We have been an advisory committee to the commission. We work in very close liaison with the Parks and Recreation com- mittee for over 16 years and the fact that our committee itself has grown to such an extent that we believe that time has arrived when the results of our work is such that we should have an executive director, some professional to handle our cmmittee. Mayor Ferre: see if we... Manpower, Mr. Mr. Andrews: Mayor Ferre; Mr. Pallott; Mayor Ferre; explore this, Al, in the interest of time let me just cut through this quickly and What you want is a director. You want a full time person. Now under Manager, how much is the maximum we can pay? $10,000. Would $1.0,000 cover the salary for that person? We'd make it cover it, All right, I make the motion or you make the motion that the Manager 37 Mrs. Gordon: I would make a motion that the Manager explore this request. The following notion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 76-252 A MOTION REQUESTING THE CITY MANAGER TO STUDY REQUEST OF THE MIAMI BEAUTIFICATION COMMITTEE FOR AN EXECUTXVE DIRECTOR. Upon bung seconded by Commissioner Gibson, the motion was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 25, APPOPNT ZELMA STARKEY TO CITY OFECOLOGY & BEAUTIFICATION COMMITTEE The following motion was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 76-253 A 'o 50.. or INTENT TO APPOINT MRS . '_:^.LMA STARRC Y AS A mnnBER OF THE CITY OF MIAMI ECOLOGY AND BEAUTIFICATION COMMITTEE. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Mr. Reboso: Mr. Mayor, let me make a quick question. In Item 14 (1) in the Affirm- ative Action Advisory Board appointments, the people are here. Let me ask the quest- ion to Mr. Ken Harrison. Ken, are you the one that this appointed to the Affirmative Action Board or you are going to appoint somebody? Because I can see here Mr. Gene or Naples, Mr. Frank Williams, are those the appointments or you are going to appoint somebody? Lt. Ken Harrison: No, we've already made our appointments. Mr. Reboso: You have already made the appointments? Lt. Harrison: The people from the employee groups have already been designated and they have met with the other five.... Mr. Reboso: When can we have those names? Lt. Harrison: You should have them. Wasn't Bruce Thompson given to you? He's chairman.... The representative from the F.O.P. is Gerald Greene Mr. Gene Naples: Richard Silvestri from the Fire Department. Mr. Reboso: Gene, by any chance do you know who Mr. Frank Williams appointed? Mr. Naples: No, I don't. Mr. Reboso: And Walter Hagan? Mr. Naples; No, but they're out here, at least Walter is. Mr. Reboso: Ok, thank vou. 38 MAR 4 "19h A; ARANGO=C0NTTNUE WITH PR POSED DEVELOPMENT 1 26, RENRnUIL1INGNRERMIT Mr, Waiter Si Kietente: Mr. Mayor, Mrs, Gordon, members of the coMmission, my name is Waiter Xlements. I'm here on behalf of my clients, Mr. and Mre. Arafge. Olt tha agenda it would appear that we are asking for some relief on it= and 14,-4 tones. It also mentions that we are asking for something on an aspiration of a building per.. trait. Gentlemen, Mr. and Mrs. Arango own two lots in the City of Miami and in 1074 Mr. Arango decided to build an apartment building on these two sites. He secured the necessary financing, secured plans, obtained a building permit and started into building the building. .. Mayor Ferre: Excuse me, but as a matter of courtesy to the other people that have been waiting here how long will your presentation take, air? Mr. Klements: I hope not more than 5 minutes. My clinnt has a building permit, it was valid. The county passed an ordinance stating that any permit that had expired due to economic conditions would be extended. They listed many items that we would have to fall into. One of the items required that the building permit be issued before 74, February and that the footing be started and the building be 10% under way. My client has gone through all of this. I've tried to get a permit reissued in here but we've run into a problem. I went to the county before the Board of Rules and Appeals and they said they had no problem in it that the intent of it was to eliminate any problems with the issuance of a building permit that had ex- pired. Now the permit was for a 16 unit apartment. During the time this permit was in affect somehow the zoning laws were changed to decrease the density. Now the A problem we have here is that the building started by fact that footings were dug. It wasn't, but what did happen was that we tore down all the buildings on the prop- erty which in my belief is more than just starting the footings. My client now has borrowed the money to start the building, the bank is going to foreclose on him and if it wasn't for the fact that the footings weren't started we could go ahead. Mr. Reboso: Let me add something, excuse me for a second. Mr. Ferencik, do you have any objections that this gentleman can be granted the permit again? Mr. Ferencik: Well, I don't personally have any objections as far as re -issuing the permit. Mr. Reboso: But they had the permit. Mr. Ferencik: They had a building permit at one time, they did not meet the criteria that the county established for the extension of that permit. Mayor Ferre: And they need legislative relief. Mr. Reboso: What year was that? Mr. Klements: 74. The permit was renewed. Mr. Reboso: That was a bad year so I move that we grant the permit again. Mayor Ferre: All right, there is a motion that the relief be granted as requested. Why can't you do it? Mr. Lloyd: Because you're granting legislative relief contrary to your own ordin- ance, that's the problem. Mayor Ferre: Do you mean to tell me this poor man starts out, he's going to start a project.... Mr. Lloyd; The problem is you're allowing him an increase in density. You can go ahead and try it. Mr. Andrews: Mr. Mayor, may I read into the record so it would help Mr. Lloyd and the comn'ission, that it might be construed that when you build on vacant property and you don't start a footing that's one thing but this property was occupied with buildings and as a part of the processing of the permit they removed those build- ings to get them underway. • Mayor Ferre; So they were actually... Now technically, unfortunately, technically that doesn't qualify for administrative relief but if a men goes there and tears down a building to ate that's certainly proof that he intends to build and if he had a permit on that basis.thet's good enough for me. 39 Mr. Lloyd: What are you attempting to do by your motion, Mr. Mayor? Mayor Ferre: Trying to attempt to let the man build his 16 unit apartflent that he had a permit for. Mr. Reboso: ...build according to the permit that they had before. Mr. Andrews: Continue his permit is really what it is. Mr. Plummer: Did he play by our rules? Mr. Ferencik: He played by our rules to the extent that he took the permit out to do all these things. He had an active permit at one time. Mr. Plummer: We set the rules and the man played by the game, I'm not going to penalize him. The following motion was introduced by Commissioner Reboso, who moved its adoption. MOTION NO. 76-254 A MOTION OF INTENT TO RENEW BUILDING PERMIT ISSUED TO A. ARANGO AND PERMIT HIM TO CONTINUE WITH THE DEVELOPMENT OF HIS PROPERTY AS PROPOSED IN ORIGINAL PERMIT. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 27, MODEL CITIES COMPREHENSIVE DEVELOPMENT PLAN Mr. George Acton: Mr. Mayor and members of the commission, this will be very brief. This request was initiated by Mr. Israel Milton who is supposed to be here at this time to present it. It is a request by the Model Cities to have both Dade County and the City of Miami adopt the general plan that was completed by Model Cities in connection with a consultant. This request is simply for this commission to send the plan back to the Planning Advisory Board for recommendations to the City Com- mission prior to adoption of the plan itself. Mr. Plummer: So, what's wrong with that? Do you want to put anything in here? The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 76-255 A MOTION TO REFER TO THE PLANNING BOARD FOR CONSIDERATION THE PROPOSED MODEL CITY COMPREHENSIVE PLAN. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 40 MAR 4wi97 28, PROCLAMATION- HOME FURNISHINGS BICtNTENNIAL C LMA?ION Mayor Ferre: Mr, Robert Rubinstein. Whereas the coidtttinity is for'unate ih haVih0 A reliable and innovative representation in the growing haioe furnishings industry and whereas this group has designated the week end of Saturday, Mardh Ilth as the period of Bicentennial Celebration for the industry; and whereas sponsor to this event as well as other civic minded individuals and wheteaa this gala event is sponsored by all four fine organiztions in the home furnishing industry merits official recognition; now therefore, as Mayor of Miami, I declare saturday and Sunday March lath and 14th as home furnishings industry Bicentennial Celebration Day in the City of Miami. 29, OFLCONOMICSUEVELOPMENT COMMITTEE -MARTIN L. KING BLVD,BUSINE8S ASSOCIATION Mr. Henry Gibbons: Mr. Mayor, I'd like to speak about the City of Miami Economic Development Coordinator. I think it is justly unfair to minorities in this city because in all honesty if there is a City Economic Development Coordinator he is not visible to the general public. Mayor Ferre: Well we don't have him yet, do we? Mr. Andrews: We had one but he is departing the city and we're in the process of selection of a new one. Mr. Gibbons: Mr. Mayor, let me tell you something. All over this country munici- palities have under direction of the Mayor's Office or under the direction of the City Manager's Office persons that are responsible for minority enterprise. The City of Miami does not have it. This is being unfair to small businessmen in this community that are trying to survive. Just the other day you were at a meeting at the Latin Chamber of Commerce where you had people from Nasa and other federal agencies there represented. Your city does not have a coordinator there. Either we are going to do it right or we are playing games. Mayor t'erre: Agreed, Henry. Mr. Gibbons: If we're going to play games then let me know, I'll get in the game playing business. Mayor Ferre: Agreed. I think everybody here including the Manager would agree that we need to give some very special emphasis to the whole question of economic development and we do need a real aggressive dynamic resourceful coordinator in post. Who is the new man that is being selected? Mr. Andrews: I'm not ready to make that announcement yet. Mr. Gibbons: Mr. Mayor, may I say one thing, and I won't take up any more time? I am a minority enterprise representative for the U. S. Government and when you deal in minority enterprise you step on a lot of toes. Our agency took persons that have the responsibility that I have and placed us under no one but the dis- trict director. I was shocked that this person who is going to be involved in minority economic development position would be structured in such a way that he would have all the protection necessary to properly function in that position. I hope I'm making myself very clear on that. Mayor Ferre: I hear you. Paul, did you hear? A11 right, we need a resolution on this. Is there a motion? These are two separate items. I know. But this is a thing that Tom Washington(is he around today). Mr. Andrews: He's not here because we've reached full agreement and full under- standing through this resolution. Mayor Ferre: You recommend that we pass this resolution? Mr. Andrews: Yes, very much so. MAR 4 1W75 The following resolution was introduced by COMMitsionet SlUttet, who fooVed its adoption: RESOLUTION NO. 76,,256 A RESOLUTION RECotNI2ING THE ESTABLISHMENT OF AN ECONOMIC DEVELOP,. MENT COMMITTEE As CONCEP 1 AIRED EY THE MARTIN LUTHER ICING BdtJLE` VARD SUStNESS ASSOCIATION PoR THE bR. MARTIN LtiTHER KING SOULEVAItb To WOW( IN COOPERATION KITH THE CITY OP MIAMI'S ECONOMIC DEVELOP- MENT COORDINATOR, THE MARTIN LtUTHE t RING BOULEVARD COORbINATXNG COMMITTEE, THE MODEL CITIES BOARD AND THE OTHER APPROPRIATE PRI- VATE AND PUBLIC AGENCIES IN THE CITY AS A FORWARD STEP IN THE ECONOMIC DEVELOPMENT OF THE CITY OF MIAMI AND AUTHOR/ZING THE CITY'S ECONOMIC DEVELOPMENT COORDINATOR TO FULLY COOPERATE WITH THE AFORESAID ECONOMIC DEVELOPMENT COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 30, AWARD BID - ELEVATOR MAINTENANCE - MONTGOMERY ELEVATOR COMPANY Mr. Robert Rogers: My name is Robert Rogers. I represent the Miami Elevator. Com- pany. We were the low approved bidder when this was put out for bid about a month ago. Mayor Ferre: Well, but you see what the Manager is saying is that the City of Miami has an option to exercise a bid which makes it even lower than what your bid so therefore, that is the low. Mr. Rogers: Yee, sir, Mr. Mayor, but there also was another section of this bid which was also thrown out but then later awarded to the Otis Elevator Company and we were lower than Otis. Mr. Andrews: No, because this is for one location which is the Fort Dallas Park Apartments and Otis Elevator has been maintaining that elevator ever since it was f' installed which is I don't know how many years - 20, 25, 30 years whatever it might be - and it was... Mr. Plummer: How much is it? • Mr. Andrews: The difference is $24 per month in the award of that... Mr. Rogers: Mr. Mayor, the Miami Elevator last 29 years and in 1975 we paid the city and we feel that we were low on that whole minimum get at least a piece of that bid. business now. Company has been a city taxpayer for the $8,400 in taxes. We still are a taxpayer bid and we should at least at the very We're struggling like everybody else in Mr. Andrews: But there is only one consideration. You're talking about elevator equipment that is extremely old, it is an Otis Elevator; the difference is a very minimum amount, these people have been maintaining all this time, there is some risks involved in changing from one to the other... I hadn't arrived at this... Mr. Plummer: You're saying that we've got to go with Otis? Mr. Andrews: Yes, that's my recommendation. I think it is in the best interest of the city,... Mr. Plummer: It's only $20 a month difference. Mr. Rogers: It's $240, almost $300 a year per year. Mr. P1' wr: I understand but let me tell you what's not being said if I know any- thing about elevators at all, You know if they need parts that's not included in 42 MAR 4 -1975 the maintenance and if they're Otis Elevatot and if there's An Otis Elevator there they're not going to have any problem with parts where you could have or saMeone else trying to get the parts. That is the difference and 1 understand that. Mr. Adgere Mt, P1ui et, we've taintained elevators for the city of MiMri for a number of years, foreign elevators and have Lever had +may trouble getting parts. Mr. Andrews: Yes, you have, and I didn't want to bring that up but you certainly have. The following resolution was introduced by Commissioner Plummer, who moved its adoptions RESOLUTION NO. 76,-257 A RESOLUTION AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ?DACHAS- ING AGENT TO EXTEND THE ELEVATOR MAINTENANCE AGREEMENT WITH MONT- GOMERY ELEVATOR COMPANY FOR A PERIOD OF TWELVE (12) MONTHS BEGINN- ING JANUARY 9, 1976, AT A TOTAL COST OF $4,860.00. (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: Mr. Reboso. 31, PROCLAMATIONS -PLAQUES --SPECIAL ITEMS 1. Presention of Dia de la Primera Iglesia Prebisteriana Unida Proclamation to Rev. Martin Anorga. 2. Presentation of Kelly Week Proclamation to Ms. Dana C. King, President Manager, Kelly Services. 3. Presentation of Red Cross Month Proclamation to Mr. Robert Abele, Chapter Chairman. 4. Presentation of United Cerebal Palsy Week Proclamation to Mr. John T. Horan, Executive Director, United Cerebal Palsy Association of Miami. 43 MAR "1976 32. DEFER TY ATTORNEY Fb O CITY MANAGER AND C/TSERGEANT ZEN020 POLICEDEPARTMENT STUDY AND REPORT DISABILITY RETIREMENT MENT APPLICATION Mr. Cement: Mt. Mayor, Mts. Gordonf Cetbets of the Co iaaion, i represetttnSgt. Gus Zenon and I have what 1 consider to be aft uttesual problem. We have a gentlemen here that has appeared before the Pension Board on two eccaeiona. CoMMissiehet PiuiHmer, who its Chairman of the Pension Board was kind enough to allow tie to appear both tunes in effort to get a redhhearing of the original ruling. What we are faced with is very simple. A that who has beet employed with the City es a Policemen for approxitttately 16=years is Winning battles but is going to lose the war. He has incurred an injury while itt the course of duty which has brought about atrophy to one of his legs. Atrophy in lay terminology is the diminution of the diameter of a thigh. One thigh has over the past few years become three inches smaller than the other thigh. I want to read to you just one sentence of a doctor's report which will give you the situation in a capsule form. He has explained and I'm quoting Dr. L. Gregory when he says,"I have explained to him that no one can guarantee the results but that atrophy which is developing in his right thigh may progress and will become irreversible unless something is done. This man needs surgery. This man has a herniate disc. This man has been examined by six doctors, five of which has corroborated the fact that he has a disc and should be hospitalized, should recieve surgery. Mayor Ferre: Norman, get to the point, because this is not a court of law... Mr. Norman Cement: I understand that but I wanted the Commission as well as yourself Mr. Mayor, to understand what's going on. We came before the Pension Board... attorney representing the Pension Board, as well, as the City Manager in April of 1975 instructed the Pension Board that under the rules existing that back time under the old rules this man should be pensioned out and for some strange reason the Pension Board voted not to grant him under the old rules a retirement. I came back on two other occasion, the vote changed. Al- though it was not enough to bring about an affirmative vote for retirement and we're faced now with a man who is sitting by a telephone as a Policemen answer- ing ten, eleven, phone calls a day. This is what he does 8 hours a day, because he's not capable of going out into the field as a Policemen to do the normal duties of a Policemen. We have his physical condition deteriorating. We have a Pension Board. Although, Commissioner Plummer as Chairman has tried to re- open this several times, who do not want to abide by the rules and regulations of a Pension Board. We had three doctors examine this man. The doctors were chosen by the Pension Board. Two of the doctors came back and said the man should be retired. The third one gave no affirmative answer what -so -ever and we have the recommendation of the City Attorney and of the City Manager that this man should be retired and now we're forced to go into a court and to fight the rulings of a Pension Board. To make this man go thousands of dollars of expenditures to prove that he's right when the City Attorney and the City Manager tell the Pension Board that he should be retired. I think it's complete- ly discriminatory and unjust for this man to undergo this type of a situation here. Now, if you can tell me what other course I have to make a Pension Board do what their City Manager and City Attorney recommend, I'm happy to listen to it gentlemen. Mr. Reboso: I would like to hear the City Attorney... Mr. Lloyd: Well, I am generally familiar with this situation and of course, actually with all due respects to Mr. Cement he is in,actuallythe wrong forum. Now, I personaily,am looking into this and he is in court in a case and with- out burdening this Commission with the entire situation, Mr. Cement is right that there was a previous Board hearing and now we've got another Board hearing, but we do have some legal problems with this situation and I would like to Go ahead Mr. Mayor.. Mayor Ferre; No, I'm just saying there was a Board hearing and then just this week again there was another Board hearing. Is Mr. Weston here? As I under- stand it Mr. Weston, first of all says that the Board couldn't here it and later in the afternoon he reversed himself and said the Board could here it, Mr. Plummer: No, no, keep the records straight. Mr. Weston said that the Board.,, first of all his ruling was that the Board shall not hear it, then he later ruled that there was no prohibition against the Beard hearing. His first ruling was based on the fact that it's been heard two or three times and the board had made a decision and what he then ruled that the end was that there was no prohibition against it and was brought back up and further denied, Correct? Mr. Cement: Correct. Mr. Mayor, in one sentence I can Summarize this. A Board, a Con iasion is ruled by the dictates of the City Attorney, a Pension Board Attorney, telling them what the law is. You gentlemen, ladieS are not attorneys, you're not expected to know what the law is. If an attorney tells you that under the law, under the ordinances that exist a roan is entitled to retirement based upon the information given by your own appointed doctors. If a City Manager also goes a record and says "yes" under the law that we have he's entitled to retirement. I think that there's eomething wrong when certain tnetnbers of a board choose to overrule the attorney for the Pension Board's opinion and the City Manager's opinion telling them what the law is forcing this man to go to a court of law when he doesn't belong there. When the Pension Board should have original granted him his right to have retirement. That's all I'm saying: Mr. Lloyd: There's nothing that this Commission can do. The only thing the Commission can do is instruct me to look into the matter further and I wish I could this Commission that the matter is in court and Mr. Cement is represent- ing his client in court. Mr. Cement: Mr. City Attorney, with all due respects I am in court. I prefaced my remarks stating that I am in court, but I am saying that, that is not an answer to a man who is working for 16-years when the attorney for the Pension Board and the City Manager both tell the Pension Board that they are bound to give him a retirement based upon their own appointed doctors stating that the man should be retired for medical reasons. Why should he be forced to go to court? Father Gibson: Counselor let me ask a question? Know what disturbs me, you are here this morning, but you came after you left court. Didn't you have any more faith in us then that? Mr. Plummer: Now, Father, let me make the record clear now, please you know, I don't want anything to be unfair. This man went to court because he was turned down at the Pension Board and at that time was his only alternative. He's not here this morning Father arguing the merits of the case. He is here arguing the point that the Pension Board has gone in direct violation if you wish of the recommendations of the City Attorney and the Manager. Father Gibson: J.L. I'm not differing with what you're saying, but I think this Commission needs to understand Theodore. What I'm trying to say to the Commission and to the public, why do you have to be an adversary in the first place? Now, all I'm saying is I think that everybody needs to get the record clear that if something goes wrong and I get the same attitude about Merrill - Stevens, you remember? I say that if something goes wrong before you go to the court I would hope, that even if it is legally right to go, you would come to us so that you wouldn't have to incur the kind of a thing you incurred. Now, in this instance you've taken the position to get your release. Mr. Cement: With all due respect, if you read the ordinances you will find that we are forced with an statutory period of time to file in court. We have not proceeded with the court action. All we've done is file to protect his rights. I am coming here to the Commission who appoints this Pension Board and asking a simple question, why is it that they choose as Commissioner Plummer said to violate the recommendations of their own attorney who tells them what the law is to violate the recommendations of the City Manager who tells them what the law is and to force this man to go to court? Bo I am coming here at the same time that I am in court by filing it to protect his rights and asking this Commission who appointed this Pension Board. Father Gibson: Counselor I would have loved you far more if you'd come here before you filed. That's the point you don't seem to understand. Mr. Cement; I do understand it. Father Gibson: You see, and look if you'd come here and I had denied you what you now what me to give you and you come have gone to court any how, is that true? Mr. Cement; That's true. Father Gibson; You know, one of the reasons we have problems is people don't want to really (you know) nobody wins in a court, remember that, If you learn nothing from me, you remember this, nobody wins in court: MAR - 41976 Mr, Centetti Reverend Gibson, if I made a Mistake as this mahls attorney not corning to you before I went to court. this rasa should not be puniaied today because of my mistake. Father Gibson: I just want to make sure Counselor ..i Mr. Cement: I understand that. Father Gibson: No, no, let me make sure you get me too in the future, not only that man but any other man, maybe (you know) I have a son who's A lawyer, I want to make sure you understand so you don't think that I'm hard on lawyers. I think sometimes, it's just like divorces. Everybody goes to court attd they can't get no relief then they come to me as the priest to get the relief , you understand what I mean? Mr. Cement: Yes sir. Father Gibson: The place to come is (you know) come to me before you go to the court, ok? Mr. Cement: I appreciate that. Mayor Ferre: All right, Mr. Andrews? Mr. Andrews: I'd like to assist the Commission and if I make a mis-statement anywhere and someone else has the correct information please correct me; feel free to correct me. As I understand it this is a long standing case and this comes about initially before we had a change in the two board systems, when we had one board. At that time I may or may not have made the kind of recomm- endation that this gentlemen is stating. I'd have to go back and check the records. Since the creation of the two board systems I've come to each one of those boards with an entirely different set of recommendations about re- habilitation and about utilizing the services of very valuable City employees, even though in this case a Police Officer, or a Fire Officer, or a General Employee, if they are not able to perform the specific services that they've been employed to accomplish then there may be other ways that they can be utilizied in the City for other services and we're trying to work with the employees to rehabilitate them into new positions. So it's not really as clear cut as stated here. Mayor Ferre: What's your point Mr. Andrews? Mr. Andrews: My point is that I think you ought to turn this over to the City Attorney let him look into the legal aspects of this and advise this Commission. Because in my lay judgment, there's no answer that you can give at this stage out of the boundaries of this Commission. Mayor Ferre: All right, there's a motion by Commissioner Reboso. Seconded by.... Mrs. Gordon: What is your motion Mr. Reboso? Mayor Ferre: That this be turned over to the City Attorney and the City Manager for further study and recommendation back to this Commisison as to Mrs. Gordon: Back to the Commisison. All right. Mr. Cement: If I could just ask one last question Mr. Mayor. I'd like to get an answer from the City Attorney whether or not that Pension Board was in fact bound by the dictates of the doctors that they appointed pursuant to the recommendations of the City Attorney and City Manager back in April of 75. I'd like to get an answer to that question. Mayor Ferre: He'll answer that. You are advised that that's part of the reference to you, would you please.,. Well, he may not like the answer but that's not the point. All right is there further discussion on this? Call the roll. Mr, Cement: Thank you. 4. MAR ' 41976 The following tmotion was introduced by Cofl' issio1 er Reboots' who (loved its adoption: MOTION NO. 76 458 A MOTION TO REFER TO THE CITY MANAGER ANb THE CITY ATTt1RNE FOR FURTHER STUDY THE REQUEST OF SERGEANT ZENOZ OF THE MIAMI POLICE DEPARTMENT FOR DISABILITY RETIREMENT. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. MOTION OF INTENT TO ASSIST LATIN CHAMBER OF COMMERCE 33, PROV nE ED MONEY NTE /,5uu CHAMBER OF COMMERCE OF THE AMERICAS CONVENTION Mayor Ferre: All right, now we're going to take up President Luis Sabines of the Latin Chamber of Commerce with our apologies for the long delay. Well, why don't you both stand up are you going to translate or are you going to make .... ok? Mr. Luis Lauredo: 1641 South Bayshore and Luis Sabines, President of Chamber of Commerce. Very briefly and to the point Mr. Mayor. City of Miami and the State of Florida undertook a trip to Latin America that was rather successful, and there have been a lot of people who are involved who are looking for a follow-up to establish real contacts as to a follow-up to that trip. The Governor of the State of Florida has taken very concrete steps in that direction. I was there last week and he already expanded the Office of Latin American Affairs here in Miami unfortunately in Coral Gables and is taking other steps and spending considerably amount of money to implement the ties that he made of the trip. Now, the Latin Chamber of Commerce has been asked by the Chamber Commerce of the Americas which is the Chamber of Commerce umbrella organization of all the Chamber of Commerce's of Latin America to sponsor in Miami the 26th Annual Congress. June 23rd to the 26th. Mayor Ferre: This year? Mr. Luis Lauredo: Yes sir. So we're short on time because --- Mayor Ferre: Well, what you want us to do? Mr. Luis Lauredo: All right, now we need for organizational purpose asking the City of Miami to give us some seed money so that we can get this project roll- ing. I don't want to tie you with details. Mayor Ferre: Well, what are you talking about seed money? Mr. Luis Lauredo: Amount? Mayor Ferre: Yea. Mr. Luis Lauredo: Approximately $6,500. Mr. Plummer: Wait a minute, let's understand each other Luis, let me ask a question seed money is money to get it started and then the money comes "back. Mr. Luis Lauredo: I retract the phraseology of these monies. Mayor Ferre: If there's money to come back. Now, ... Mr. Luis Lauredo: It's suppose to be a self sustaining program and so ---- Mayor Ferre: Will you tell me if --- and we're going to get the money back, is the Chamber of Commerce is telling us that? 47 MAR - 41976 Mr, Andrews: Where is it going to be Luis? Mt. Luis Lauredo: In Miami. Mr. And ewe: there? Mr. Luis Lauredo: At 4 Ambassador's. Mr. PiutmMer: Mr. Mayor I make a motion. that we approve of it not to exceed to $7,500. Mayor Ferre: Is there a second to the motion? Seconded by Commissioner Reboso. Further discussion on the item. Now, Paul let's make sure that we don't and I'm not comparing you with ..., so don't get upset. Mr. Andrews: I appreciate that. Mayor Ferret For goodness sake let's make sure now that we -- after all our work it doesn't end up in Miami Beach. Did you hear that? Mr. Luis Lauredo: No, it is in Miami. Mr. Plummer: You said the Four Ambassador's. Mr. Luis Lauredo: And in fact what I was just saying I didn't want to go into detail-- when I was at the Governor's Office as trying to persuade him to start putting more of his staff people in City of Miami, he 's expanding considerably and he's doing it in Coral Gables. We_got to start -- why Coral Gables? And you know, this is a step in that direction trying to articulate the benefit ---- Mr. Plummer: Well, let me go one step further, Mr. Andrews in the same way that we helped out this morning, could we make a Manpower person also available to these people? We're talking about a beautiful.event. I'll incorporate in my motion up to and not to exceed $7,500 and one Manpower person and this is understood solely for the purposes of publicity. You' accept the amendment? $7,500 is one segment. A Manpower person (what is it) not to exceed $10,000 is a second portion. Get this thing done right. Mr. Luis Lauredo: All right. Now, the last thing quickly the City of Miami Publicity Department published a little .... Father Gibson: No, no, you better get these two things man. Mrs. Gordon: All right, you're asking for a roll call. I want to hear the motion repeated please. Mr. Plummer: The motion is that the City of Miami participate in the Chamber of Commerce of America to the extent of not exceeding $7,500 in money. ##2, that a Manpower person be made available to them to work on this project to bring it to a successful conclusion. Mrs. Gordon: And who is the other participants J.L.? Mr. Plummer: A11 of the Chamber of Commerce's of South and Latin America. Correct? Mrs. Gordon: Yea, but ... Coral Gables Office, is that right? Mr. Luis Lauredo: No, I just used it an example. Mrs. Gordon; Where will it operate from? Mr. Luis Lauredo: City of Miami. Mrs. Gordon: Where is the office? Mr. Luis Lauredo; It's going to be at the Latin Chamber of Commerce and the event will take place at the Pour Ambassador's. Mrs. Gordon; You don't mind if we get information? Mr. i.uis Lauredo; No ma'am not at all. 4S MAR P. 4197 Mayor Ferret I think it's important, but the reason Rose, t say that he talks too such is he goes off on tangents. I't not trying to lecture you now, but what the heck does the fact that the Governor is putting offices in Coral Gables have anything to do with this(nothittg) so when you bring that up, obviously you know it brings up other questions that have no reference to... Mr. PlutMert I call the question. Mayor Ferret Further discus=ion. Call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-259 A MOTION OF INTENT TO PROVIDE "SEED MONEY" IN AN AMOUNT NOT TO EXCEED $7,500 TO ASSIST THE LATIN CHAMBER OF COMMERCE IN ITS ATTEMPT TO OBTAIN THE CHAMBER OF COMMERCE OF THE AMERICAS CONVENTION IN MIAMI, AND TO PROVIDE AN EMPLOYEE FROM THE MANPOWER PROGRAM AT A SALARY NO TO EXCEED $10,000 TO SERVE AS A PUBLICITY AGENT IN CONNECTION WITH THIS PROJECT. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. MOTION 0 TENT TO MIAMI OLE TO ASSIST LATIN CHAMBER OF COMMERCE 34, PROVIDEtObu COPIES OF BROCHURE WITH CHAMBER OF COMMERCE OF AMERICAS CONVENTION Mr. Luis Lauredo: The City of Miami has published a little four page booklet it's called "Miami Ole" which is supposed to be an advertising of our Latin _ Heritage. We going to mail our first preliminary invitations this week and we'd like to insert in the letter of invitation a copy of one of each of those documents which is very well prepared, so we want to know how can get... Mr. Plummer: Sure, we'd be glad too. How many do you need? Mr. Luis Lauredo: We're going to send about a 1000. Mr. Plummer: We need a thousand of those. Have we got any problem on "Ole" for a thousand? I move that we give to them sufficient amount of Miami Ole to include in the announcement ... Who seconds the motion? Mrs. Gordon: I'll second it. Mayor Ferre: Seconded. Further discussion, call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-260 A MOTION OF INTENT TO PROVIDE 1,000 COPIES OF THE CITY OF MIAMI PUBLICITY BROCHURE "MIAMI OLE" TO ASSIST THE LATIN CHAMBER OF COMMERCE IN ITS ATTEMPT TO OBTAIN THE CHAMBER OF COMMERCE OF THE AMERICAS CONVENTION IN MIAMI. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES; Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J, L. Plummer, Jr. Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES; None, } FIrth MEfiHObt8T CHURCH PROPERTY-bI8W881ON OF POSttBLE ACdUIttTtON Mt. plumper: Mr, Mayor, I want while he's setting up =- I want for your edification in particulate Rose you might want to hear this, Something that distressed me that I saw yesterday downtown Miatni, Mr, Mayors I think maybe if you made a personal phone call you might be able to turn the tide. Mrs. Gordon: On what? Mr Plummer: First Methodist Church across the Greyhound Bus Station has been put up for sale, The Hirst Methodist Church at N.E. 1st Avenue on 4th Street has been put for sale. Mrs. Gordon: Yea, but that's been for sale for years. Mr. Plummer: There are signs outside now. Mrs. Gordon: J. L. t had a listing on that god knows when. So many years ago. Mayor Ferre: It's a heck of a good buy by the way. I tell you the reason they want to sell it.... Mrs. Gordon: You know what it ought to be used for Maurice. It ought to be used for some kind of a public use like a .civic use and auditorium use of that kind. The same as we did in the Little Havana Area. Mayor Ferre: I'll give you.. no, no, we're talking about the old Methodist Church Property it's surrounds the Fire Station- our new Fire Station. Our tell you what we ought to use it for.. our$25,000,000,000, that's the perfect location to get some housing going. Mrs. Gordon: Well, I think we ought to ask the Manager to look into it and see what's it all about as far as the property itself. The price and so forth whatever it is. See if the City is interested .---- in anyway, if there any use the city could make of it. Mr. Andrews: Our problem Mr. Mayor and members of the Commission is perhaps the property would be a value, but we're beginning to structure into the city property that require development and operating costs that are getting pretty heavy and I'm going to recommend that we wait and really analyze that before we go in it any further. Mrs. Gordon: All right. Ok, then just forget this, which is another subject that I would ask you after the presentation with regards to the one on 1st Street, some questions as to uses ok? 36 RESE TAT ION BY LD i.11i SrONE AND ASSOCIATES PLANS FOR BOULEVARD FRONTAGE NORTH PORTION OP BAYFRONT PARK Mr. Armbruster: Our presentation today is on Bayftont Park South happens to consist o1: the limits of work associate with a million dollar grant. Whnt :t outlined on the overall plain Indicates the score of work we proposed for that amount of money includes the beautification along Biscayne Boul.evnrd from South N.E. 1st: Street all the way up to the Fourth Boulevard.f Mr. Plummer: North e:.ist or southeast, Southeast 1st. Mr. Arnbrust_er: Right, along the Boulevard on up. So that's the approximate limit of the development on the boulevard. It also includes some beautificat- ion along the auditorium. Along the boulevard itself from updating it along the parking lot in complete renovation of the landscaping within the park it- self. The drawings that we have on the seats there indicates from right to left the improvements that we're proposing for the torch of friendship to try to better intergrate that into the park design. Mayor Ferre: What happened to all the stuff Mr. Armbruster: That's phase II waiting for the seawall permit. Mayor Ferre: You know I saw Mr. Dan Paul again yesterday, he said, Mr. Andrews still has not called me about this new entrance and I need -- you know I thought you said that you were going to see both he and Jack;Kassewitz. Mr. Andrews: We have talked to both of them. I'm not ready ---- They understand the entrance but their concern is that once you get into the park what occurs after you're into the park. We have a fine solution to this problem based on their suggestions and we haven't been able to come back to them because frankly I'm still trying to resolve the last element with the restaurant people and the off-street parking as to how this would work. But what we're attempting to do is to convert what was the old parking lot, the original park into a driveway in and driveout so you can drive right along side of the water rather than through a parking lot. And if we can achieve it, it's going to be a very fine improvement in the park. Mayor Ferre: Instead of driving through a parkway we'd be driving through --- it would be a regular drive and then the parking would be off on the side somewhere. So in other words instead of driving through a parkway - it would be a parking lot which you do now in coming down here. That's a great improve- ment. Whose idea was thatKassewitz? Mrs. Gordon: There'll also be a walkway there, won't it for people to walk along the waterfront? Mayor Ferre: Let me ask you another question. I see -that you have something called causewalks here (looking at a chart) is that included in this thing? Mr. Armbruster: Just the cross walks as they pertain to being on site. We're not doing anything with across Biscayne Boulevard. We're just tying it into the existing crosswalks. Mayor Ferre: Oh'- you're planning for future cross walks, is that what you're saying? Mrs. Gordon; You mean crossing over the Boulevard Maurice? Mayor Ferre: Yea, see right here. Mr. Armbruster: Those are tied in with the existing cross walks that are their now. Mayor Ferre: Oh I see, but you're not -- are you designing overhead crosswalks .it all? Mr, Armbruster; No. no. Mayor Ferre; Wail, what happens when they come? Some day they're going to happen, MAR • 4 976 e Mr, Armbruster: Well, the design that's there :is fret that sophisticated. Matter of fact it's easily adaptable to a future use: The payrtet%1 and such that you could lift it up and move it. Mayor Ferre: We11s that':; the point we're not going to go spending thousands of dollars to do something like this and then teat it up in two years. Mr. Armbruster: No, because the Orange Bowl Committee has requested that we stay back with any major features 40 feet back from the Boulevard so the bleachers could be put in there. So all the trees, planters, benches and everything else will be movable. Within that 40 feet distance that during the Orange Bowl then all that will be taken out and then the bleachers will be put in. Mayor Ferret So in other words you're not going to put anything you're agree to that, is that it? Mr. Armbruster: Right, yes. Mayor Ferre: It doesn't do any harm to your project? Mr. Armbruster: No, because we're still going to have the trees and the benches and all the animation that's necessary to make it a beautiful and a beautiful appearance, but just that certain time it's all going to be able to be removed. Mayor Ferret Ok. I got another question for you my man and that's this monstrosity here(auditorium) which grew up as a - it's a real goldberg now you know it just grew and they added and all that. Is there anvwav that architecturally we could tie that together maybe with an arcade or something or a new roof or something without tearing this thing down. We could improve it's looks. Well, what're you going to do, tear it down? rir. ritummer: I've expressed all the time that concerns if there is such a word in the dictionary that Miami has reached the point of over facilitizing itself. Now I will tell you--- I'm not saying tearing it down. But I am say- ing that I like the idea of the Dade Junior College and if there is to be fixed up for their uses I think they should pay for it. Mayor Ferre: WED., look J.L. number completely disagree. I think we are under facilities in this community. if we have them. one , with your first statement I not over facilities we are tremendously My god we could use three'of these things Mr. Plummer: Well, that's kind of hard to back this Baptist Church sitting vacant for a year. Mayor Ferre: Mr. Plummer: Mrs. Gordon: The Baptist Church? Yea. At Riverside. up Mr. Mayor, when we've had Mayor Ferre: You mean well, we haven't begun really doing anything? Mr. Plummer; It's been vacant for a year. Mrs. Gordon: That's what I was going to ask Mr. Andrews Mayor Ferre: Well, let's not get into that one(repeat) but I'll tell you at this point if that's the case then why are building a Convention Center for? Mr. Plummer: Well, Mr. Mayor I was taking that into consideration that once we build the Convention Center then are we over facilitizing ourselves? Mayor Ferre: Well, I don't know about you but I don't like to get rid of assets you know I've expressed that philosophy a hundred times, To replace that type of a building would cost you I guarantee you four million dollars right now or five million dollars and all I'm saying I'm just asking the question. It's an architectural monstrosity. If somebody with a little bit of taste could spend some money they could_make that thin;---- they could put an arcade or something (I don't know) that reasonably architecturally to improve it without spending a hell of a lot money and I'm asking is that been considered? Mr, Armbruster: It hasn't been considered, No. What we've propose is to try to screen it from the boulevard inward and hide it with trees, And then the other point brought up was to try to paint it to better intergate it within the park, But that's all that's, been discussed at this point, 52 MAR ' 41971 Mnyor Ferre: Why don't ynu paint it a nice dttii-ifuttai toiot so that if it fades away. Mr. Armbruster: Sky blue. Mayor Ferre: In other words the answer is that you haven't thought about architecturally treating it. Mrs. Gordon: I'll tell you how I feel about it. Mayor Ferret You have not (talking to Mr. Andrews), Mr. Andrews~ No. Not at this stage but I recognize fully what you're saying (excuse me Mrs. Gordon, if you want to finish your subject). What the Commission may wish to do is as we progress through the development of the Convention Center and that becomes better known and understood then make,a better assessment of the existing auditorium. Mrs. Gordon: I would like to see it just cosmetically treated that's all and then considered the ultimate uses that the Convention Center will have. I would like to ask you another thing Mr. Armbruster, I'm very interested in the flavor of the European concept of the sidewalks cafes and that sort of thing. I think they enhance the community and bring it from inside outside which in our climate is an asset. I know that we are not going to do a whole lot of that on the bayside, but have you any other ideas which we might consider with regard to that or should I be addressing myself to Mr. Acton and the ordinances as they are presently constructed? i Mr. Armbruster: Well, within the park, the boulevard side there would be sufficient paving and sufficient sitting areas and plazas that we would hope that the idea of the vending cart would be -- you know be able to sit and sell their wares at these particular areas, hopefully would be promoted as time goes on. And I know Restaurant Associates has been interesting in bringing forth that idea. Mrs. Gordon: Where in the park? Can you show me on the map where you are talking about? Oh. You mean mobile kinds of vending carts? Oh, well that's nice, but that's not what I'm talking about, but it's nice. What I'm talking about I have to address myself to Mr. Acton so I'll take after your presentat- ion. Mr. Armbruster: The cafe aspect of it is primarily oriented on the water now. Mayor Ferre: Mr. Armbruster let me ask you another question., I've got two questions let's see one it says"Torch of Friendship" here and I looked at the drawing over there, is that a completely new torch? Mr. Armbruster: No. We're proposing to leave the existing structure and renovate only the ground plane and the landscaping. Mayor Ferre: Leave the existing structure as is. That doesn't indicate a change? Mr. Armbruster: The only change the existing structure and the existing wall is in it's present location. That will remain, but we're proposing is an additional paving plaza that'll elevate the ---- area to this park. Mayor Ferre: This is the torch of friendship and you're saying that it's staying in the same location. Mr. Andrews: Same location, except they're going to dress it up. They're going to elevate it so there is a there. (I think we did our job if it doesn't look the same.-- comment by Mr. Armbruster) Mayor Ferre: All right, then the other question I had is that you said you're going to try to put the road over here( the drive) you know I look at it backward from what Dan Paul is saying. I think you ought to have your drive as far away from the park as possible and this is the area where you ought to really eventually have cafes and sort. Let me tell you what I'm talking about. See this area here along the waterfront, now that's really where we would lay back 20 feet (now follow me what I'm trying to say) and go out and start with one or two and leave space here there's plenty of lease let's see if we can get any takers to put small little cafe's. 53 MAR - 41976 Mt, Andrews You couldn't do that. Mayor Ferret Why? Mr. Andrews: you'd have to work through Restaurant Associates because of the way that agreement was written. They have... Mayor Ferre: They have exclusive rights in there, Mt. Andrews. That's right, But that doesn't mean it couldn't be accomplished but you'd have to work through them, Mayor Verret Well, I'll tell you the heck with the off-street parking. We have to give them substitute Marking space somewhere else, but let me tell you, This is one of the greatest assets that this community has. There's a park right here. You got parking next to it and it's a beautiful Marina over- look and you know the only time you can see it is you zip by going over to this point and what I'm saying is instead of making this road the way Dan Paul is talking about is you offset. I'm not talking about big restaurants I'm talking about Mr. Andrews, the Little European type of cafe that`Rose Gordon is talking about. You know that might be 30 feet or 25 feet, 15 feet wide and they serve one them- would serve pizza's and the other one would serve coffee and the other one would have Cuban coffee and the next guy would be selling a beer( I don't know) you've got me. What? Rose, how about it? Mr. Andrews: Mr. Mayor, the one --- Mayor Ferre: Did you follow Rose what I'm saying we ought to put maybe little 00 dal A= MP Mrs. Gordon: We have a unique community here. We have probably the greatest waterfront area that any community has and I think we should make use of it and I think that if you're going down there and you're going to spend sometime down there you want to sit down and relax, the sidewalk cafe is beautiful, you know with the umbrellas and the chairs and you know I really think that that's a small expenditure. Of course, who would operate it is something again, but the use in that manner is advantageous. Mayor Ferre: Well, why don't you make that in the form of a motion from this Commission? Mrs. Gordon: I'll move it that way. Mayor Ferre: And then you go back and study a little bit more. There's a motion then. Is there a second? Seconded by Plummer, that we re -study the possibility of moving this driveway back and giving enough space here or you might put some public facilities, small along this ... Pr. Andrews: One of the things that we must do Mr. Mayor and perhaps we can ex- clude that area from immediate development while we study this but we're going to have to get moving on ---- and the reason for that is the federal funds that are involved for $300,000.00. Mayor Ferre: Paul, I understand. Ok, there's a motion and and a second on _ this. This is a recommendation to the Manager to go back and look at this. All right. Further discussion call the roll. The preceding motion was introduced by Commissioner Gordon, seconded by Commissioner Plummer and passed and adopted by the following vote: AYES: Commissioner Gordon, Commissioner Plummer, and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso and Commissioner (Rev.) Gibson. 54 Mayor Forte: One last subject that I wanted to bring up, I really think Rose that this recommendation of yours should be put in the fort of a motion and 1 completely subscribe to it that we study about how to cosmetically (for example) you know this maybe crazy Dave,but you knots what I was thinking the other day if we were to put Spanish tile you know the red tile on top of that roof . I don't MOW whether the roof could hold it or not. It probably wouldn't hold it. but there must be some way that we could hake some kind of an improvement just architecturally with paint. Mr. Armbruster: Well, there has to be a thorough architectural and structural analysis of it to come back to the Commission. You know determine what the feasibility really is I think. It's an old structure and we're really tot sure that the intergity of the structure itself and whether it's really worth putting all that money into. So it would be worthwhile to go ahead and ... Mayor Verret Well, let's do this and Paul--- Mr. Andrews, we're not ready to vote on this, but would you look into this . Mr. Andrews: I was just talking to Mr. Grimm and rather than get outsiders involved at this stage. I'd like to utilize our Public Works Department. Some architects and head structural engineers to begin making an evaluation one thing of the basic buil.dingotoo, we'd try to see what we can do ourselves to cosmetic- ally treat it and based on the plan that we bring the Commission ... Mayor Ferre: Come back with an idea. Mr. Andrews: That's right. And if we have to go beyond that then we can decide. Mayor Ferre: Can you do that by April-- say the last meeting of April? All right, so then by April 22nd will you make a note of that? And Mr. Armbruster I sure like yourparticipation in this --- ok. You need a motion to have approval to proceed on this? The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-261 A MOTION ACCEPTING IN PRINCIPLE THE PLAN SUBMITTED THIS DATE BY EDWARD D. STONE, JR. AND ASSOC. FOR THE BOULEVARD FRONT- AGE OF THE NORTH PORTION OF BAYFRONT PARK. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. MAR 4197 37. REOutSt PLANNING DEeT, TO S1\bY POS tt3ILE AM t '% o NIt+ . INANGE TO P RMIt SIDEWALK CAFES IN Jf`Lt HAVANA ANREA AS A CItIONAI SE, Mts. Gotdott: Mr, Acton. Mr. Acton where are you? Mt. Acton: Right here. Misr Gordon: Ok. My comments before VAS directed to a sidewalk cafe con= cept a little different than what we Just talked about, 1 would like you -= 1 would like to hove this in the forty of a motion directing the Planning Department to study the feasibility of an amendment to the Zoning Ordinance which would permit sidewalk cafes as a conditional use in certain districts Mayor Ferret All right, there's a notion by Mrs, Gordon, Seconded by Plummer. Further discussion, Call the roll, The following motion was introduced by Cormisioner Gordon who moved its adoption: MOTION NO, 76--262 A MOTION REQUESTING THE PLANNING DEPARTMENT TO STUDY THE FEASIBILITY OF AMENDING THE CITY'S ZONING ORDINANCE TO PERMIT SIDEWALK CAFES AS A CONDITIONAL USE IN CERTAIN DISTRICTS; AND FURTHER TO CONSIDER THE APPROACH TO THE "LITTLE HAVANA " AREA FOR A SPECIAL ZONING CLASSIFICATION. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. NOTE: Prior to voting- Mrs. Gordon said, and also to clarify the point specifically considering an approach for the area commonly referred to as "Little Havana" because it's probably the area that would be most suitable. Whether a special classification should be applied to that district so that they could then operate that kind of -- perhaps it might be a permitted use in that district and not a conditional. I'm just giving you food for thought ok? Mayor Ferre: Right. 38, REVISE ARTICLE VII-Low DENSITY MULTIPLE- R-3 DISTRICTS SEC 1 & 4 ALLOW EXCEPTIONS TO HEIGH LIMIT AS CONDITIONAL USE FIRST READING ORDINANCE Mayor Ferre: Ok. We're back to item 3. That's to all the R-3 and R-3A, what? No, there no R-3A in there. Mr. Acton: No, only for R-3. Mrs. Gordon: This classification is only applicable to R-3 because if we applied it R-3A we would have some real problems Mr. Mayor and regards to the R-3A. Mayor Ferre: Well, where's R-3A? Mrs. Gordon: The west side of Brickell Avenue, We have a lot of problems. So Mayor Ferre: This is only applicable to R-3 then. Mrs. Gordon: Right and it's a very scattered view as you can see. I'll move it. Mayor Ferre: All right. There's a motion now by Rose Gordon on item #3, Seconded by Reboso. Further discussion. Ca11 the roll. MAR 41°7 Ilk AN ORHINANCE ENTITLED - AN ORDINANCE AMENDING THE CID/ oP MIAMI COMPREHENSIVE ZONING ORDINANCE NO. 6871 ARTICLE VII, LOW DENSITY MULTIPLE R=3 DISTRICT TO ALLOW EXCEPTIONS TO HEIGHT LIMIT AS A CONDITIONAL USE BY ADDING A NEW PARAGRAPH (b) TO SURSECTtON (6-b), SECTION (1) AND BY DELETING SECTION 4, HEIGHT, IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 4 ENTITLED HEIGHT; RE- PEALING ALL ORbINANCES, CODE SECTIONS OR PARTS THgRE- OF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Gordon and seconded by Commissioner Rebosoand passed on its first reading by title by the following vote: AYES: Mt. Plummer, Mr. Reboso, Mrs. Gordon, and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson ABSTAINING: 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. 391 AWARD BID - TOTE CONTAINERS The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-263 A RESOLUTION ACCEPTING THE BID OF CONTROLLED ENVIRONMENT OF FLORIDA, RECEIVED FEBRUARY 13, 1976, FOR FURNISHING FOUR HUNDRED AND NINETY TOTE CONTAINERS, AT A TOTAL COST OF $7,962.50, FOR THE DEPARTMENT OF SANITATION, AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J.L. Plummer, Jr. Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 7 MAR .1975 40, AWARD AID BOCCIt COURT'S - LeGtON M MG tAL PARK The following resolution was ittttoduoed by COMMitiSidnet Plumtter, who moved its adoption: RESOLUTION NO. 76`264 A RESOLUTION ACCEPTING THE BID OF SUNSET ENTERPRISES, INC., RECEIVED NOVEMEBER 7, 1975, FOR FURNISHING TWO BOCCIE COURTS AT LEGION MEMORIAL PARK, AT A TOTAL COST OP $6,892.00, FOR THE PARKS AND RECREATION DEPARTMENT; ALLOCATING FUNDS PROM THE PARK AND RECREATION BOND FUND; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J.L. Plummer, .Jr. Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 41, AWARD BID - REROOFING AT CITY HALL The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-265 A RESOLUTION ACCEPTING THE BID OF OBENOUR ROOFING AND SHEET METAL SUPPLY COMPANY RECEIVED FEBRUARY 17, 1976 FOR THE REROOFING OF CITY HALL AT A TOTAL COST OF $10, 700.00; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR. (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: Commissiner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J.L. Plummer, Jr. Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None, 58 MAR w 41976 42 CONFIRM NOMINATION OP H. GORDON WYLLIE AS A MEMBER OF THE OFF-STREET PARKING BOARD OF THE CITY. OF MIAMI The following teaolution was inttoduced by Go.ssioner RebosoWho Moved its adoption: RESOLUTION NO. 76=266 A RESOLUTION CONFI1tMING THE NOMINATION OP H. GORDON WYLLIE TO SERVE AS A MEMBER OF THE OFF-STREET PARKING BOARD OF THE CITY OP MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. AUTHORIZE INCREASE IN ANA,' SCOPE OF CONTRACT M. R. HARRISON CONSTRUCTION CORPORATION BICENTENNIAL PARK -PHASE II, GARDEN) The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 76-267 A RESOLUTION AUTHORIZING AN INCREASE IN SCOPE OF $89,477.00 IN THE CONTRACT WITH M. R. HARRISON CONSTRUCTION CORPORATION FOR THE BICENTENNIAL PARK - PHASE II - 1975 (COMBINED PROJ- ECTS NO. 3 & 4 - UTILITIES, SITE DEVELOPMENT, LANDSCAPING & IRRIGATION) - 2ND BIDDING, FOR THE CONSTRUCTION OF A SENSORY GARDEN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissiner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Now, before you go Mr. Armbruster while you're here. I have a note here Mr. Andrews, you know we're going to have visting ships over at Bicentennial Park, Paul and all these people seem to be following and Alvah Chapman and I don't know who else went down and looked at the chart the other day and evidently they came up --- they found out that on that berthing for the sailing ships (the visiting ships) but we're not providing sny water or power. Now, there's no way in the world you're going to get these major ships ---- they can live at sea without water hook up and they're got power hookup ---- training ships that are going to come in, While they're here they're going to be wanting to take water ---- and what -have -you, you know, Mr, Armbruster: in the beginning they came in an requested ------ berth of ships we met all the necessary requirements. Then it came apparent that they might want to go in with outdoor facilities. The code requires to put fire hydrants out in that area, so the water commitment is from that. As far as power and sewer - the cost that we rent out which is ridiculoualy high. 59 MAR it. 41976 Mayor Fette: How much is your insurance? Mr. Armbruster: On sewer alone we've had to provide Mayor Ferret Well forget the sewers, you can't have a sewer hookup. Forget the sewer. Host about the electricity? Mr. Armbruster: Well, the electrical they had --= and talked to us about what it would take to supply service to that monster out there �.�.. tying it into it. Mayor Ferre: How much did it cost? Mr. Armbruster: I don't know but I understand that there was supposed to put a large platform out there ... Mr. Plummer: Well, come down to the cost factor -- Mayor Ferre: You're talking about 4 or 5 thousand dollars. Mr. Armbruster: Way more than that. Much, much more than that. Mayor Ferre: How much? Just to have a ship plugged into one of them? Mr. Armbruster: But it has to be completely enclosed and it's a 20x20 box and I don't know ---- Mayor Ferre: Well, I tell you what you come back with specific figures -- the water, what the minimum requirements to give the electrical outlet to a visioned ship or what -ever -it -is and then let's discuss it again, ok? Mr. Armbruster: Ok. Mr. Plummer: And also Mayor Ferre: Because I'T1,te enough to come and stay theree CONFIRM ACIIO 44, THE CITY MANAG The follow inj moved its:adeptio r-theiro'using it.. ee ,.long RESOLUTION A, RESOLUTION. CONFIRMING:THE ACTION ::,TAKEN BY ;THE CITY MANAGER IN THE. SUBMISSION 'OF A, GRANT APPLICATION .TO :_THE FINE ,ARTS COUNCIL'OF FLORIDA;:FOR;AN"ARTIST IN-RESIDENCE..PROGRAMNAND CONFIRMINGTHE,ACTION .:TAKEN•.•'BY THE • CITY MANAGERC`IN. ACCEPT . -ING THE ; GRANT:'AND ;EXEC UTING' THE ;NECESSARY AGREEMENT TO .; IMPLEMENT THE :PROGRAM (Here follows)bodyof resolution, omitted here and on file in `the Office of the City Clerk.) Upon being seconded by Commisaioner Plummer, t passed and adopted by'the"following vote: AYES: Commissioner`.ManoloReboso Commissioner (Rev.,) Theodore;Gibson : Commissioner J.1..:Plummer,.Jr.: Vice Mayor Rose Gordon Mayor Maurice A. Ferre' NOES: None. 60 MAR ,e 41976 MIAMI CAREER DEVELOPMENT PROGRAM 45i TO ENTER INTO�AGRE AGREEMENT MANPOWER PLANNING COUNCIL Mt, Plummet: I' 11 move 26 but I want to Put a stipulation in the tecofd, Mt,'Meyot, '`Thera ate same tutOre that ere coming up to me that the City of ;Miami conceivably ffiiEht be botdetlie relabel- toMA ipo t df repleciiig'j Tafull =lI. tyithe eMplbyee wsi�=tihpEj�Manpowetpeople. I¢.:y #._ •Y .. n.i .. :t 1.. >.b: fi :w1S .: 1-�. '�L �d{1. .. .."�j:��. s'n A�"f1. 7. \lll..i ��'lt lld t��..i k4t0 d atutaed het -tend yo ire tat ' oing that;; - thane `Atdrew;°: ,Yes on Violation o_ f the act as it . ; Mr plunmert Ok. I just want that on the record. I move 26. g _by „- Plummer, who The f•ollo'wn r,esolution.was.ntroduced Commissioner `moved ; its °,ad'option f RESOLUTION NO. 76-269 A RESOLUTION: AUTHORIZING THE CITY MANAGER OF THE CITY OF 'MIAMI TO EXECUTE AN AGREEMENT WITH METROPOLITANDADE COUNTY, THROUGH THE MANPOWER PLANNING°COUNCIL OF DADE AND MONROE COONTIES,°PURSUANT TO CITY OF MIAMI RESOLUTION 75-1069, TO < IMPLEMENT A MIAMI CAREER DEVELOPMENT PROGRAM, AND FURTHER TO ENTER INTO CONTRACTS -IMPLEMENTING SAID PROGRAM SUBJECT TO RATIFICATION BY THE CITY COMMISSION, AND„FURTHER APPROV- ING AND RATIFYING ALL MEASURES TAKEN BY THE CITY -MANAGER PRIOR TO THE DATE HEREOF TO IMPLEMENT SAID PROGRAM, INCLUD- ING THE CARRYING OF PROGRAM PARTICIPANTS ON THE CITY'PAYROLL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was 'passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. AMEND CHAPTER 38 "IDENTIFICATION CARD -ISSUANCE -CONTENTS FEE" - 46 , OF., THE CITY CODE Mr. Plummer: What's the proposed fee for 27"A" , how do you propose? Mr. Andrews; it to $5.00. The proposed fee for 27 "A" Is that sufficient, will it "A" (repeated). it. much is it and how much is now $2.00 and we're increasing cover the cost? 61 MAR - 41976 E tITLEb ENTIP PEE" RY IICEEASt 'TEER UNDE t'; CO 4T. PEALING ALL ORDIN CONELICT., 1IEREWIT} SUBSECTION 38 1'1 CA O t CARD' tSs A C ;. CONTENTS;; G;: ThE FEE 'OR IDE t ' ICATION . GARD Nit% A ERABILI PROVISION LACES bR, PARTS GF ` ORDINANCES :IN AND PROVIDING AN 'E FECTIVE 'DATE. Was introduced by Commissioner Plummer and seconded by Commissioner' Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice Mayor Rose Gordon Mayor Maurice A. Perre 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. 62 MAR ". 41975 48, OF THE CITY CODE END SECTION 3-4 INCREASE IN FEES FOR IDENTIFICA,ION `CARDS P THE CITY CODE AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 3-49 OF THE CODE OP' THE CITY OF MIAMI, FLORIDA: PROVIDING FOR AN INCREASE IN PEES FOR IDENTIFICATION CARDS THEREUNDER; CONTAINING A SEVERABILITY PROVISION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon 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 Com- mission and to the public. AMEND SECTION 34-21,1 INCREASE STORAGE CHARGES CITY AUTO POUND Mr. Plummer: What is C? Mr. Andrews: Cars per day storage will go from $3.00 to $5.00, trucks from $5.00 to $7.50, and motorcycles from $1.50 to $3.00. Mr. Plummer: I'll move it, -- AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 34-21.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA: PROVIDING FOR AN INCREASE IN STORAGE CHARGES AT THE CITY AUTO POUND FOR MOTORSYCLES, PASSENGER VEHICLES AND TRUCKS; CON- TAINING A SEVERABILITY PROVISION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Hanolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon 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 Com- mission and to the public. MAR • 41976 AMEND SECTION 43 8 OF THE CITY CODE INCREASING FEES FOR "FURNISHING OF INFORMATION FROM POLICE RECORDS Mr. Plummer: !chat is t? Mr. Andrews: D is fingerprint cards when taken in the department will increase from $1.00 to $5.00, when taken outside the department will increase from $2.00 to $8.00, accident reports will increase from $3.00 to $5.00, offence reports from $3.00 to $5.00, an additional copy from 50C to $1.00, photos, black and white, 8 x 10 from $8.00 to $10.00, color 8 x 10 from $10.00 to $12.50, color 3 1/2 x 5" from $3.00 to $4.00, good conduct certificates from $3.00 to $5.00. Mr. Plummer: I'll disagree with that. Let me see your chart. I'd like to increase the fees on accident reports from $3.00 to $8.00, and increase the offence reports from $3.00 to $8.00. Mayor Ferre: What does the Manager recommend? Mr. Plummer: He is recommending $5.00 and I recommend that the good conduct go from $3.00 to $8.00 to cover the cost. Mr. Lloyd: You have to indicate your intention on this, then we will read the ordinance. Thereupon a motion reflecting the above changes was passed and adopted by a unanimous vote of the commission. Mr. Lloyd: Mr. Clerk you are instructed to change the body of the ordinance to reflect the wishes of the commission. Have you got that all right? Mr. Southern: Yes, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUB -SECTIONS (a) AND (b), AND SUB -SECTIONS (c) 1, 2 AND 3, OF SECTION 43-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FURNISHING OF INFORMATION FROM POLICE RECORDS; FEES FOR CERTAIN SERVICES OF POLICE DEPARTMENT", BY INCREASING THE FEES FOR SERVICES PERFORMED BY THE POLICE DEPART- MENT; CONTAINING A SEVERABILITY PROVISION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon 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 Com- mission and to the public. AMEN; WAFTER Do OP >n( iAXiGADS AND OTHER VEHICLES FOR HIRE 50,. THE CITY CODE AN ORDINANCE ENTITLED - FIRST READING ORDINANCE AN ORDINANCE AMENDING SECTION 56-133(a) AND SECTION 56-134 (a) AND (b), ARTICLE V OF CHAPTER 56, ENTITLED "TAXICABS AND OTHER ' VEHICLES FOR HIRE", OF THE CODE OF THE CITY OF MIAMI AS AMENDED, INCREASING THE FEES FOR ISSUANCE AND RENEWAL OF CHAUFFEUR REGISTRATION LICENSES AND THE FEE FOR ISSUANCE OF DUPLICATE CHAUFFEUR REGISTRATION LIICENSES; REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: CONTAINING A SEVERABILITY PROVISION AND PROVIDING AN EFFECTIVE DATE Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. The City Attorney rend the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. AMEND CHAPTER 56 TAXICABS, SIGHT-SEEING AND FOR -HIRE CARS Di. OF THE CITY CODE AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTION 56-12(b) OF ARTICLE II THEREOF, ENTITLED "TAXICABS, SIGHT-SEEING AND FOR -HIRE CARS", BY INCREASING THE FEE FOR CERTIFICATES THEREUNDER; CONTAINING A SEVERABILITY PROVISION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE Was introduced by Commissioner Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon 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 Com- mission and to the public. .5 MAR - 4 1976 S2, COMMENDAIION TO CARLOS B, FERNANDEZ FOR PREPARATION OF BROCHURES FOR MIAMI PUBLIC HOUSING BOND ISSUE Mayor Ferret t would like to take the opportunity to commend a gentleman who is sitting in the audience, a former judge of the t°..! of Miami, Judge Carlos B. Fernandez for ;:•4 ^t:F:. c . me:au the tittle Havana Development Authority -ontif::►►g which you will notice is a vote yes' for the bond issue. .ire housing bond issue. It isnit everyday that citizens just on their own get up and come out supporting worthy causes like this and we are very grateful and on the record we want to thank you and I think an appropriate resolution ought to be passed. ' The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-270 A MOTION OF COMMENDATION TO CARLOS FERNANDEZ FOR HIS CIVIC ZEAL IN HAVING PRINTED FOR DISTRIBUTION LITERATURE IN SPANISH URGING FAVORABLE CONSIDERATION BY THE VOTERS OF THE CITY'S • PROPOSED HOUSING BOND ISSUE Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. IOW SUBSECTIONS B,C,D, 11 OF THE CITY CODE INCREASE FEE SCHEDULES FOR USE OF USE OF RECREATIONAL FACILITIES Mrs. Gordon: I have some discussion on this. You are exempting youths under 17, where are your senior citizens? Mr. Howard: Presently there are no charges for senior citizens. Mrs. Gordon: I can assure you, I have two letters here telling me they have been notified, they are going to have to pay $12.50 a quarter for the use of the kiln for ceramics. Is that correct? Mr. Howard: That was in a previous ordinance. That is for when we have an instructor, that we have to pay the instructor, there will be a fee charge. Mrs. Gordon: What about the people that can't afford to use these facilities because they don't have $12.50 and these poor senior citizens, particularly the ones that have written to me, cannot afford it. Mr. Plummer: This is not 29A. Speak td he motion Rose. Mrs. Gordon: Sorry. Let me speak to this motion. Facilities, where do we have an exemption for senior citizens? Mr. Howard; There is no charge for senior citizens in the activities that is going on ritht now, or any facility use, 62 years of age and over, from the City of Miami. Mrs.Gordon; This only refers to increasing, is that your key word there? Mr. Andrews; For instance that is initiating a $5.00 surcharge for profit making organizations within the City limits who desire to use specific facilities, Mrs. Gordon: Okay. Mr. Andrews; The next one increasing the surcharge for private schools 66 MAR - 41976 from $5.00 to $10.00. Mrs. Gordon: Yes, but you have the exemption for youths under 17. Mr. Howard: That is for the use of fields, but there is no charge for senior citizens to come into the park and use any of the facilities right now only an activity, and that is not on this ordinance. Mrs. Gordon: So there will be no misunderstanding why don't we include 'and senior citizens' in this ordinance? Exempting them. Mr. Andrews: They are already exempt. Mrs. Gordon: There might not be a clarification of it. If it isn't clear to me I assure it wouldn't be to others. Mr. Plummer: Include the wording, Mrs. Gordon: ---exemptions are for youths under 17, waiver of facility use fees when such facilities are used by youths under 17 years of age, or senior citizens, Mr. Howard: 62 years and over, and of the City of Miami, --- Mrs. Gordon:_--62 years, or over, and where are you saying that for youths under 17? Mr. Plummer: Read the ordiance. Mr. Howard: ---youth serving organizations from within the city, Mrs. Gordon: ----organizations within the city. Mr. Lloyd: As I understand it is the will of the commission to change it to include senior citizens of the City of Miami over the age of 62. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUBSECTIONS (b),(c) AND (d) OF 39-1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCREASING FEE SCHEDULES FOR THE USE OF RECREATIONAL FACILITIES IN THE CITY OF MIAMI; PROVIDING FOR A WAIVER OF FACILITY USE FEES WHEN SUCH FACILITIES ARE USED BY YOUTHS THROUGH 17 YEARS OF AGE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY PROVISION AND PROVIDING FOR AN EFFECTIVE DATE; EXEMPTING SENIOR CITIZENS 62 YEARS OF AGE AND'OLDER WHO ARE CITY OF MIAMI RESIDENTS Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Rose Gordon 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 Com- mission and to the public. 67 MAR SP 41976 EXEMPTING THOSE SENIOR CITIZENS UNABLE TO PAY PEES Amp DISCWSStON . " BY SENIOR CITIZENS OF DELIVERY DATES OF KILNS ON y, uSE "KILNS ORDER FOR VARIOUS CITY PARKS Mrs. Gordon: May I ask you Mr. Howard why is that Peacock Park has two kilns and Virrick Park has none? Mr. Howard: They are on order now,waiting for kilns to come in for Peacock and another one for legion. Mrs. Gordon: How long have they been on order and when are they coming in? Mr. Howard: They have been on order for about 3 months and have not come in. Mrs. Gordon: Where do they come from? Why doe it take so long? Mr. Howard: I don't know where they have been ordered from. They were ordered through the purchasing department. Mrs. Gordon: It seems like an unusually long period of time. Mr. Howard: There is one being repaired also, that is earmarked for Virrick Park. So there will be two there. Mrs. Gordon: Why aren't they getting the new one instead of a repaired one. Mr. HOward: They are getting a new one a prepared one. They are going to have two. Mrs. Gordon: Will they have it within 30 days? I have two letter to answer regarding that matter. What can I tell them? Mr. Howard: We will check with the purchasing department to see if they can give us a date when we are going to receive them. Mrs. Gordon: May I have a memorandum from your office to that effect? Rev. Gibson:Those people have led me to believe, that those kilns, -- what was said about those kilns, is not all well Mr. Andrews. Mr. Andrews: Which ones are those, Father? Rev. Gibson: I am talking about Virrick Park. Do you know what they have led me to believe? That they have been getting the run-around, and I hope that isn't the case. Mr. Howard: Not that I am aware of Commissioner. They have been ordered for the Park. Rev. Gibson:You know what Rose is implying is what I hope everybody heard. Mr. Plummer: You just hope Mr. Howard heard it? Mrs. Gordon: I want everybody to hear it. Rev. Gibson: I want to tell you, they have said unequivocally the same thing to me. They just can't get results. Mr. Howard: We will see they get results.. Mrs, Gordon: I am going to ask for another matter regarding the same thing. What about the $12,50 fee for those who cannot afford it and who enjoy working with ceramics, how can we handle that? 1 want to know? Not everybody can pay it. 68 MAR • 41976 tit. Andrews: You would have to adopt a motion now to exclude thtit group from the fee charge and we would go back and amend the ordinance, bring it before you, to amend that, A motion is good enough so he can draw up the ordinance.. Mr. Plummer: What was the fee before? Mr. Howard: There was no fee before but we have no funds in the budget to cover the instructors. The instructors run about $100. for a 8 or 10 weeks session.We are only charging the seniors what it costa us for the materials that we use and the instructor. Mrs. Gordon: I want it clearly understood, maybe the motion isn't being prepared the way I intend it, but I intend the relief to be to those who cannot financially afford to pay. There are some seniors who can afford it, and will gladly pay it, but I want to direct you to prepare an ordinance to give relief where it is needed. Mr. Andrews: Mrs. Gordon, the amount of money that we will spend in administration to try to determine who can and cannot, ---better we get them all, and work it out. Mrs. Gordon: Let my first motion stand. The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO. 76-271 A MOTION REQUESTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE FEE SCHEDULE FOR USE OF FIRING KILN IN CONNECTION WITH CERAMIC CLASSES AT CITY PARKS TO WAIVE THE FEE FOR PERSONS OVER 62 YEARS OF AGE AND WHO ARE RESIDENTS OF THE CITY OF MIAMI Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. AMEND SUBSECTION B OF 55, 39_2 OF THE CITY CODE: AN ORDINANCE ENTITLED - INCREASE FEE SCHEDULES FOR USE OF BANDSHELL, TORCH OF FRIENDSHIP 8 SNOWMOBILE AN ORDINANCE AMENDING SUBSECTION (b) OF 39-2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCREASING FEE SCHEDULES FOR THE USE OF THE BANDSHELL, TORCH OF FRIENDSHIP AND SHOWMOBILE, BY QUASI -PUBLIC ORGANIZATIONS IN THE CITY OF MIAMI; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY PROVISION AND PROVIDING FOR 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 Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer; Jr,' Vice Mayor Rose Gordon Mayor Maurice A. Fevre NOES; None, 69 MAR • 41976 The City Attorney read the ordinance into the public record and announced that copies were available to the hetbers of the City Cotmnission and to the Public+ REQUEST BOARD OF COUNTY MARATHON COMMUNITY APPEAL FOR ASSISTANCE 56, COMMISSIONERS TO WAIVE TO EARTHQUAKE VICTIMS OF FEES DADE COi AUDITORIUM GUATAMALA The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-272 A RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA TO WAIVE ALL RENTAL FEES FOR THE USE OF THE DADE COUNTY AUDITORIUM FOR THE PURPOSE OF CONDUCTING A MARATHON COMMUNITY APPEAL FOR ASSISTANCE TO AID THE VICTIMS OF THE RECENT EARTHQUAKES IN THE COUNTY OF GUATEMALA AND FURTHER ALLOCATING THE SUM OF $1,000. FROM THE CONTINGENCY FUND OF THE CITY OF MIAMI TO BE EXPENDED BY THE CITY MANAGER, AS NECESSARY, FOR PROMOTIONAL EXPENSES IN CONNECTION WITH THE AFORESAID MARATHON COMMUNITY APPEAL (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. AUTHORIZE AND RATIFY 57, EXPENDITURE OF $969,28 The following resolution was moved its adoption: PROMOTIONAL EX ENSES FOR MARATHON FOR ASSISTANCE TO IUATAMALA EARTHQUAKE VICTIMS • introduced by Commissioner Plummer, who RESOLUTION NO. 76-273 A RESOLUTION AUTHORIZING AND RATIFYING THE EXPENDITURE OF AN ADDITIONAL $969.28 FOR PAYMENT OF NECESSARY PROMOTIONAL EXPENSES INCURRED IN CONNECTION WITH THE MARATHON COMMUNITY APPEAL FOR ASSISTANCE TO AID THE VICTIMS OF THE RECENT EARTH- QUAKES IN GUATEMALA, SAID FUNDS TO BE PAID FROM THE CONTINGENCY FUND OF THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 70 MAR I. 41976 ALLOCATE $iO, 000 EXPENSES FOR PUBLIC INFORMATION S , FROM CONTINGENCY SPECIAL BOND ELECTION IN THE CITY I OF MIAMI Mr.Reboso: What happened with the rest of the Money? the other $15,000. Mr, Plummer: It wasn't spent. Mr. Reboso:---only $10,000, We only spent $10,000. Mayor Terre: Is that all we spent now? That can't be. Mr. Andrews: There is more but I want to get this one taken care of Mr. Mayor . Mayor Ferre: Ron Sachs called me yesterday. Mr.Andrews: He called me also in the same area. I told him What I thought the total cost would be, and they are going to be somewhere between 12 and 15 thousand dollars. But I don't have an accurate accounting. Mayor Ferre: I told Ron, and I want to repeat it before the commission here. Here is a brochure put out by Metropolitan Dade County in Spanish which is very well done. Mr. Manager, they have a better graphics department than we do. This is a nice visual job. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-274 A RESOLUTION ALLOCATING THE SUM OF $10,000. FROM THE CONTINGENCY FUND OF THE CITY OF MIAMI TO BE EXPENDED BY THE CITY MANAGER, AS NECESSARY, FOR EXPENSES INVOLVED IN GIVING INFORMATION TO THE PUBLIC CONCERNING THE PROPOSED $25,000,000. HOUSING BOND ISSUE, WHICH BOND ISSUE WILL BE VOTED UPON AT A SPECIAL BOND ELECTION IN THE CITY OF MIAMI ON MARCH 9, 1976 AS PROVIDED BY ORDINANCE NO. 8512; AND PROVIDING FOR REIMBURSEMENT TO SAID CONTINGENCY FUND (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. METRO BOND BROCHURES "4UBLIC HOUSING EDITORIAL S 5Y. MISCELLANEOUS DISCUSSION AY RAISES FOR COMMISSIONERS Mr. Plummer: 32 is not within our purview, Mayor Ferre: Mr, Plummer, I have given you the courtesy on many occasions to listening, for not only minutes but I would say for hours, and I would like to ask the same courtesy for exactly 3 minutes on this thing which I think is important. If you will just let me speak on this. It is an item of importance. Now, the question comes up as to whether or not the City of Miami has the right legally, and you may as well listen to this, because you will be having to answer this, whether we have the right to do what we have done. I would litre to point out on the record that Metropolitan Dade County has done a very similar type of a thing which, Mr. Andrews; They also Mr. Mayor, to compliment what you are saying, because it is so important, are you aware they have public announcements on 71 MAR 41976 radio and etc. Mayor Ferre:---..and on television, there was a television ad I saw last night. Mrs. Gordon: What is this for Maurice? Mayor Ferre: It is a possitive recommendation for the bond issue,-- Mrs. Gordon: Out bond issue? Mayor Ferre: No, their bond issue, the water bond issue. The point I at trying'to make is, that they have gong a lot further than the City of Miami has, we have sent out a mail out brochure which you are all aware of, and this thing is a lot more than that. I what to put that on the record. Mr. Andrews: The other observation is there have been 3 major articles in the Herald in reference to the water bond issue, but one on the housing bond issue. Mayor Ferre:That is because they are against the housing bond issue. Let me put it to you this way, when Metro came out with a housing issue, 3 years ago, they editorially said the Miami Herald specifically editorially endorsed the housing issue. Now that was a 10 million dollar bond where 10 million dollars would have gone right down the drain. We have a 25 million bond issue where we are going to get 200 million dollars, and just because it has the City of Miami on it, you know darn well that is the main reason why they endorse against it. How hypocritical can you be, and I put it out in the record, hypocritical. Rev. Gibson: Mr. Mayor let me ask this question, you are pretty good at enlightening Theodore, I saw the editorial yesterday and it disturbed me. Mayor Ferre: You mean on the pay raise? REv. Gibson: Yes, it disturbed me. I just don't understand this kind of talk in this community. Whether they want us to exist, .and I say this because I just came back from the League, whether they want us to exist or not, I think the philosophy of paying a man for a position he holds, is a philosophy that ought to be enunciated at all times, whether you like me or dislike me. And they talk about you would be getting 3 thousand dollars in the Mayor's office whether they like you or not, the point is either this city commission position ought to be dignified or not dignified. I want to put this in the record. I want my paper, I am not as fortunate as the Mayor who doesn't take his, I am going to take mine, I want everybody to understand that, and I hope to God the people of the City of Miami will have sense enough to give me a fair, reasonable, decent salary. And to say this is a part-time job, I would hope to God that the Miami Herald understands that even if it is a part-time job, that I wouldn't be down here badgering the Manager to run the City. Mayor Ferre: There is another side to it which nobody has talked about. The last time the Commission got a raise was 23 years ago. Five thousand dollars 23 years is worth more than $15,000. today. You take $5,000. and you multiply it times the rate of inflation and you find out what in 1949 dollars are worth today. I guarantee you that five thousand dollars in 1949 is worth more than fifteen thousand today. Mr. Plummer: Put it another way. In 1949 I bought the Metro Herald for 5c. Today I pay three times that amount, I think both increases are justified. Mayor Ferre: If we could run for Editor rather than Mayor I will tell you that I would a long time ago challenged several people I know. Unfortunately we can't run for editor, and I would welcome the opportunity for one of them to run for mayor. I would love that. I don't guess that will happen. But we are doing all right, A man on a radio station asked me this morning what I thought about these endorsements. I said let me tell you something, if you look at the batting record of the Miami Herald's endorsements in the past 5 or 6 years, they lose more than they win, So I would say their negative endorsement is rather encouraging, I think that will induce a lot of peop].e,c- -I can 72 MAR • 41976 guarantee you, i cat write you a couple of thousand people that t know of, that literally vote, they watch the Heald recommendation and they vote just the opposite on purpose. So that got us as many votes as it lost ua, so I Wouldn't worry about that. REQUEST F0 FREE USE RECITAL BY HERTA SINGERMAN 60, OF (USMAN HALL Mayor Ferret Remember, we created a committe, you were going to look into this. Mr. Andrews: I created the committee Mr. Mayor and I have been thinking about that, it might be wiser for the commission to create such a committee, rather than rely on the Manager. I am ready to do so, and I am ready to report to the commission . Mayor Ferre: The reason we left it in your hands, so we wouldn't be accused by some of our critics, that this is a little bit of political patronage. Mr. Plummer: What do we do with #32 today? Mayor Ferre: Well, the point is, that Mr. wanted some kind of relief, because, you know he is a very fine gentleman in this community and is something you have to look into and come back with a recommendation. Mr. Andrews: Will you give me the latitude that I'll have this reviewed very quickly now and make a decision and you will have to live with the decision. This is the 20 or 21st. Mayor Ferre: You have to follow up on it and get going with it. Mr. Plummer: Put it in the hands of the Manager is what I move. Mayor Ferre: Let me bring you up-to-date quickly as to what happened. You remember Annette Eisenberg came here, Rose, and she said what is Gusman Hall for where poor people so La Baw said we can't do this. So the conclusion was let's create a fund. It won't cost more than 4 or 5 thousand dollars. The Manager will appoint a committee and these people will go to the committee, present their case, if it is approved they get some relief that way. Do we need any action today? Mr. Andrews: No, that is fine. 61. DISCUSSION OF CONSIDERATION TAKING OF F,E,C, PROPERTIES 4 PARCELS RESOLUTION PASSED TO DIRECT CITY ATTORNEY TO PROCEED Mr. Lloyd: As you know our complaint was dismissed previously because of a technicality. We filed a new complaint, amended complaint pursuant to the order of the Court and that overcame according to the court's next order the technical which had existed. The court denied another motion to dismiss on the part of the defendant. As you know you had directed the City Attorney to file a declaration of taking on the parcels solely on abutting Biscayne Blvd. which the court had previously ordered, said that the City had the right to take, re- serving the right to continue to proceed with the other parcels. Now we are talking about a quick take, an action known as quick -take. We had filed the declaration of taking pursuant to this commission's resolution, but that was cancelled or postponed because of the belatedly filed motion to dismiss on the part of the defendants. So now 1 have a resolution for you to do the following three things , to direct me to proceed with the quick -take as we had before in as much as the complaint is valid again and to direct the City Manager, as soon as the quick -take is over, providing the court authorizes the quick -take, to provide for the necessary funds be put immediately into the registry of the court and also directing the city manager to provide immediately for the beginning of the construction of the park on the parcels which we have taken quickly. 1 also want to make this statement that we will continue to proceed, this is solely on a quick-take,==ewe would 7a continue to proceed with the other, as quickly as possible, but we cannot quickiitake the other because we have to have a hearing again on the City's tight ,._pursuant to the order of the Supreme Court. 1 also wish to tell you, that in addition to, the state statute which was recently passed, which we contend gives the City the paramount right, ----'we have uncovered in the law department a 1947 special act which specifically gives the City the authority to acquire railroad property. . Mrs. Gordon: My only real concert in this quick take and the 4 parcels is the total cost of acuiqsition, whether or not it is going to cost ua more money because we are taking and Mr. Lloyd: We have gone into this very thoroughly and not only have' my staff gone into it, but we have a legal advisory committee which is more or less headed up by Dan Paul, it includes such people as Dan Paul, William Frates, William Poison, Marion Sibley, Darrey Davis and the like. We have gone into this quite carefully and and reported to the chamber of commerce and we feel if we can do everything right that actually, what we are talking about would be, severance damage, ---won't we take the whole thing , the severance damages will balance out against the cost of the other properties, so as it will not increase the cost of the property by doing it this way. Mrs. Gordon: Have you talked to them since the Supereme Court made their decision? Mr. Lloyd: Yes, within the last couple of months. Mrs. Gordon: But that hasn't been a couple of months has it, since we got it back? Mr. Lloyd: Yes, we got that back. Mrs. Gordon: But you have had the conference since then? Mr. Lloyd: Yes, Mrs. Gordon: ---and this is an up -dated decision that we should proveed on the four parcels. Mr. Lloyd: Yes, as a matter of fact Mr. Sibley will be reporting to the Chamber of Commerce as to the date which we will do this, which we have secured the date of April 8th. I have already reported to him. Mrs. Gordon: Mr. Sibley who you referred to, is representing the FEC interest on the Ball POint. Mr. Lloyd: No, he is representing the title company. Mrs. Gordon: He is representing the title company. He then is an adversary to us in that suit? Mr. Lloyd: Yes. Mrs. Gordon: Isn't this a reather peculiar situation that you are facing? Mr. Lloyd; No, because all Mr. Sibley is representing the Chamber of Commerce in this instance, that is all. What I have told you is that Dan Paul and the others have advised that Mr. Sibley is solely reporting to the Chamber of Commerce Mrs. Gordon: You just told me he is on your Advisory Committee. Mr. Lloyd: Yes, in that aspect. Mrs. Gordon: I don't think that is such a hot idea, I don't like the idea of the quick -taking with regard tp the cost of the severance damages and total cost of acquisition in my opinion will exceed what the post of acquisition would be on the entire parcel.. l think circumstance have changed since we took that position, the circumstances are that the Supreme Court has made a decision with regard to the property and I think that we should table this for the time being, 74 Y Mrs. Gordon: 1 so move we table this. Mayor Ferret There is a motion to table which does not permit any discussion. is there a second? Rev, Gibson: Who trade the motion to table? Mra. Gordon: I move to table it. Mr. Plummer: Is there a second? Mayor Ferret No. Mr. Plummer: Mr. Lloyd do you recommend Item 33? Mr. Lloyd: Yes. Mrs. Gordon: The records reflect all the conversation that has taken place regarding this. Thank you. Mayor Ferre: Is there a second? Mr. Reboso: I second the motion. Mayor Ferre: Read the resolution. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 76-275 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH THE DECLARATION OF TAKING TO ACQUIRE AS SOON AS LEGALLY POSSIBLE THE FEE SIMPLE INTEREST IN THE FOLLOWING PARCELS OF FLORIDA EAST COAST RAILWAY COMPANY PROPERTY AS DESCRIBED BY THE COURT IN THE CASE OF THE CITY. OF MIAMI VS. FLORIDA EAST COAST RAILWAY CIMPANY, CASE NO. 71-17071 (KEHOE); "PARCEL #1 IN THE SOUTHWEST CORNER OF THE PROPERTY LEASED TO STANDARD OIL CO.: PARCEL 113 IN THE CENTER OF THE PROPERTY LEASED TO HOLIDAY INNS OF AMERICA, INC; PARCEL 114 NEAR THE NORTH END OF THE PROPERTY LEASED TO AMERICAN OIL CO.; AND A PARCEL IN THE NORTHWEST CORNER OF THE PROPERTY DESIGNATED ON THE EXHIBIT AS PARCELS 5 AND 6, FRONTING 125' ALONG BISCAYNE BOULEVARD AND EXTENDING EASTWARD 100'.", AND WHICH HAS BEEN FURTHER DESCRIBED IN THE :WO -PAGE LEGAL DESCRIPTION PREPARED BY THE BISCAYNE ENGINEERING COMPANY UNDER DATE OF JANUARY 6,1976, ATTACHED HERETO; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO SEE TO IT THAT PAYMENT IS MADE INTO THE REGISTRY OF THE COURT FOR THE ACQUISITION OF THE FEE SIMPLE INTEREST IN THE AFORESAID PROPERTY OF THE AMOUNT SPECIFIED BY THE COURT IN ITS ORDER OF TAKING IMMEDIATELY UPON THE ENTRY OF SUCH ORDER OF TAKING; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO BEGIN CONSTRUCTION OF THE EXPANSION OF BICENTENNIAL PARK IN THE AFORESAID PROPERTY IMMEDIATELY UPON THE TAKING OF TITLE TO SAID PROPERTY BY THE CITY OF MIAMI (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;Mr. Reboso, Rev. Gibson, Mr. Plummer, and Mayor Ferre, NOES; Vice -Mayor Gordon ABSENT; None, Mayor Ferre; Mr, Lloyd you have told us that you have discussed this with this committee that you have, Dan Paul., Bill Colson, and Marion Sibley. 7 R -41975 Mrs. Cordon: game all the names of the coif tittee menthes Tease, Mr. Lloyd: 1 hated theta. Mra, Gordon: All right, name theta again please, Mr. Lloyd: All right, Dan Paul, barrey Davis, Bill Colson, Bill Prates, Marion Sibley, as representatives of the Chamber of Commerce only, Mayor Perte: And you say that they feel secure with this? Mr. Lloyd: I want to get this exactly straight on the record, What my ' staff feels and what I feel after checking in this fashion, that if this is done right, and everything falls into place, that the severance damage if any, will be balanced out in the end, by the .way the law is. Mrs. Gordon: There is some doubt in your mind, and a lot of 'ifs', Mr. Lloyd: I could never make any absolute guarantees and I will not mislead the commission. Mrs. Gordon: There is a dangerous factor, but you recognize there is a possibility that it will cost theCity more money and you admit to that. The possibility is there. REv. Gibson: Mr. Mayor let me ask this question, this committee you are talking about is a citizens committee, volunteer citizens committee. Is that right? Mr. Lloyd: Yes. Rev. Gibson: I know all those men and i eally regard those men in highest esteem. Wouldn't it have been a nice thing, not for this one, but Mr. Mayor so that nobody misunderstands me, --wouldn't it have been a nice thing for those men to have met, and that that committee, would have written what their position is. Mayor Ferre:That committee is an informal committee that the City Attorney himself has appointed as advisors to him and what they do is, he calls them up on the phone, and sometimes meets with them, but they are not a formal city committee of any kind. Rev. Gibson: As a layman, when I hear those men's name as being a committee, I am inclined to vote even if I had an adverse opinion. Mr. Lloyd: So we can get this abundantly clear, these men cannot and do not have any responsibility. AS the Mayor says I converse with them over the telephone, we have had a meeting one time in Mr. Paula' office and things like that, but they cannot have any responsibility. The sole responsibility is mine. To have them present anything in writing to this commission would be in my opinion infringing upon them, and if I were a member of that committee, I would not under any circumstances, write anything to the City Commission. Rev. Gibson: Mr. Lloyd that is liek telling me, the way I conduct a funeral it is all right, what I am saying is this. What Idon't understand Mr. Mayor, so I don't get into this hassel, if a man is willing to give me an opinion as a citizen in good conscience, it seems to me. You used the name here, so you will know in the future, when you tell me Frates, Bill Colson, Sibley, ----you know what you have done to me, you have put me in a position even if I thought differently, I would say yes. I am blind this time, I want everybody to understand in the future. Mr, Lloyd: I was wrong in doing that, and I will not infringe upon them any more. I will not make any further mention of them, Mayor Ferre: Oh, Mr. Lloyd, Mr. Lloyd; I am sorry I mentioned it. Mr, Plummer; Do you concur with item 33? Mr. Lloyd: Mrs. Gordon: You are not saying it very enthusiastically. Mr. Andrews: The commission has to recognize there is some tisk involved. Mr. Plummer: I have been telling you that for 3 years. Mrs. Gordon: There is a change in the posture of the entire situation Mr. Plummer from the time we first had a recommendation, ----let me finish Mr. Plummer) you are in a hurry today, you cut Maurice off before too, there is a change in the posture that makes us take a new look at the situation and that is that we have the closer possibility of a total taking than we had at the time of the original decision to take the quick -taking on the 4 parcels. And that is a very serious and necessary consideration. Mayor Ferre: Rose, I know we have a difference of opinion here, but I thought I wouldn't say anything but I guess I will. I want to take and get that piece of property worse than anybody else in the city believe me, and just as badly as you do. Mrs. Gordon: I don't want to pay more than we have to. Mayor Ferre: I just happen to think, and this is no on John Lloyd or the City Attorney, or anybody on that staff, or the Manager or anyone else, but the fact is, for some crazy reason, Mr. Ed Ball always seems to have a battery of attorneys and find the craziest reasons to keep things going on and on and on. NOw these people have said that they are going to go from here, there are some constitutional items that they are going to appeal to the federal court, and they are going to go to the Supreme Court of the United States, and God knows where the end of all this is. And all I am saying is, we have these 3 parcels now, let's take them, and show these people we mean business. RATIFY ACTION 62, OF THE CITY MANAGER AUTHORIZE PAYMENT OF $1,310 FOR TESTS NORTH STACK OF 20TH STREET INCINERATOR The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-276 A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN OBTAINING AND AUTHORIZING PAYMENT OF $1,310. TO TECHNICAL SERVICES, INC. FOR.TESTS FOR PARTICULATE EMISSION FROM THE NORTH STACK AT THE 20TH STREET INCINERATOR (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. MAR 4 1976 53" OPNTHEMCITYION MANAGER SUBMIT FEDERAL- GRANT APPLICATION DEPT,OF JUSTICSJLAW ENFORCEMENT ASSISTANCE AIMIN, (TR1CULTuRAL PROGRAM) The following resolution was introduced by Commissioner Plutttner, who moved its adoption: RESOLUTION NO, 76-277 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A FEDERAL GRANT APPLICATION TO THE DEPART- MENT OF JUSTICE, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION TO RENEW A PROJECT ENTITLED, "LAW ENFORCEMENT COMMUNITY OUTREACH AND CAREER PROGRAM" (THE TRICULTURAL PROGRAM) AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE CONTRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THE PROJECT UPON RECEIPT OF THE GRANT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 64. RIDESRPERMITUSEMENT EDISON CENTER MASONS N. WO 54TH STREET & 12 AVENUE The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-278 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO THE EDISON CENTER MASONS FOR AMUSEMENT RIDES AT NORTHWEST 54TH STREET AND 12TH AVENUE, ON APRIL 14TH THROUGH APRIL 19TH, 1976 SUBJECT TO CERTAIN TERMS AND CONDITIONS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. MAR 4 1976 65, WAIVE CITY SHARE PAYPHONES INSTALLED BY SOUTHERN BELL The following motion was introduced by Commissioner Gordon who moved its adoption: MARCH OF DIMES FUND RAISING CAMPAIGN MOTION NO. 76-279 A MOTION TO WAIVE CITY'S SHARE OP REVENUE FROM PAY PHONES INSTALLED BY SOUTHERN BELL TELEPHONE COMPANY FOR USE IN CONNECTION WITH THE MARCH OF DIMES FUND RAISING CAMPAIGN Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. MOTION OF INTENT ENGAGE IN BIDDING PROCESS UP TO APPRAISED VALUE 66. TO PERMIT CITY PROPERTY FOR 2 LOTS IN AREA OF CITY PROPOSED MANAGER TO CONVENTION CENTER Mr. Andrews: Mr. Mayor, a real important item I would like Mr. Crouch to explain to you with reference to the parcel of property that we have been interested in trying to acquire for the convention center site which is the north tract, northwest corner, there is a foreclosure taking place, we would like your permission to submit a bid up to the amount of the appraisals plus at least to the appraisers, using a judgement factor as to how far to go beyond that. Mayor Ferre: Where is the property? Mr. Crouch: The piece of property is a 50 x 50 ft. corner on N.W. 2nd.---- Mayor Ferre: Is a foreclosure going on now? Mr. Crouch: Yes, on the 22nd there will be a foreclosure. Mayor Ferre: We would hate to lose that piece. Mr. Crouch: ---presently outstanding 5 mortgages on the property, $157,000 to $158,000. Mr. Andrews: The Commission has already acted to ask the City Manager to proceed in getting appraisals in attempt to negotiate the acquisition of that. Mrs. Gordon: That's great, not for the guy that is losing it. Mayor Ferre: Is Outstanding? Mr. Crouch: The than the mortgages. the appraisal less than the mortgages that are involved? estimate from past appraisals, puts the value at leas Mayor Ferre: If we give you authority to pay up to the appraiaal,that would not be sufficient to cover the mortgages. Mr, Crouch; What we are looking for here is because there are 5 layers of mortgages, we are looking for authority to use some discretion at the time of bidding to try to get it at the lowest possible price within the realms of what 79 MAR 1976 Mayor Terre: tip to the appraisal prite,- Mr. Crouch:a-with some leeway, we ate talking about land, there is a 3 story building on it, Mayor Ferret If push comes to shove, we catt always take the property later one. Mr, Andrews: It is better to get it this way if we can. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-280 A MOTION OF INTENT TO PERMIT THE CITY MANAGER TO PARTICIPATE IN BIDDING UP TO THE APPRAISED VALUE OF THE PROPERTY FOR 2 LOTS IN THE AREA OF THE CITY'S PROPOSED CONVENTION CENTER WHICH ARE BEING SOLD AT PUBLIC AUCTION Upon being seconded by Commissioner Gordon. the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 67, DISCUSSION- TRIP TO ATLANTA TO VIEW PROGRESS OF THEIR DOWNTOWN DEVELOPMENT AUTHORITY Mr. Andrews: We have made reservations for 3 city people to go with the Downtown Dev. Authority on another well planned Atlanta excursion to find out what Atlanta is doing in the Downtown Area, and I would like to recommend that Vice -Mayor Gordon and Commissioner Reboso attend with one of our staff people, because you have gone Mr. Mayor and Father Gibson has gone. Mr. Reboso: When will we be there? Mr. Andrews: That will the 19 and 20 of March. We have sent a memorandum to them, no resolution is necessary. Mrs. Gordon:If I am going to go to Washington, do I have to get authorization now for whatever the expenditures are for the League of Cities? MOTION OF INTENT TO 68, PAY TRAVEL EXPENSES COMMISSIONER ROSE GORDON TO WASHINGTONJ D. C, NATIONAL LEAGUE OF CITIES The following motion was introduced by Commissioner Plummer who moved its adoption: 80 MAR 4 1976 MOTION NO. 76-281 A MOTION OT INTENT To PAY TRAVEL EXPENSES POR VICE -MAYOR ROSE GORDON IN CONNECTION WITH HER TRIP TO WASHINGTON, D.C. TOR THE NATIONAL LEAGUE Off' CITIES Upon being seconded by ComMissiotter RE'boeo, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Viee-Mayor Rose Gordon Mayor Maurice A. Terre NOES: None. MOTION OF COMMISSIONER TOATRAVELAREA WIDELANGADVIORY COMMITTEE EXPENSES The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-282 A MOTION APPOINTING VICE -MAYOR ROSE GORDON TO THE AREA -WIDE PLANNING ADVISORY COMMITTEE Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. ALLOCATE $389,032,00 EQUITABLE LIFE INSURANCE COMPANY %Oe FOR PAYMENT TO INCREASELIFE PREMIUMHEALTH BALANCEINSURANCE FISCALFOR EMPLOYEES YEAR The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-283 A RESOLUTION ALLOCATING THE SUM OF $389,032. FOR PAYMENT TO THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES TO PROVIDE GROUP LIFE AND HEALTH INSURANCE TO CITY OF MIAMI EMPLOYEES AS AN INCREASED PREMIUM FOR THE BALANCE OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1976, AND RECOGNIZING THE FIRM OF EDWIN H. COLE, C.L.U. & ASSOCIATES, INC. AS SERVICING AGENT FOR WHICH PAYMENT IS TO BE MADE BY THE CARRIER OF THE SERVICING AGENT'S COMMISSION BASED UPON THE PREMIUM FOR THE PERIOD COMMENCING FEBRUARY 1, 1976 THROUGH THE RENEWAL PERIOD ENDING SEPGEMBER 30, 1976 AT THE ESTABLISHED COMMISSION RATE NOT TO EXCEED A TOTAL OF $6,000. 81 MAR 4 M 1976 (Mere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr, Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Fevre NOES: None. ACCEPTING $25,000,00 LEAS CAMPBELL CONCERT HELD AT ORANGE BOWL 71, AUGUST 12, 1974 .(AMERICAN FIDELITY FIRE INSURANCE COMPANY) The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-284 A RESOLUTION ACCEPTING THE SUM OF $25,000. 00 FROM AMERICAN FIDELITY FIRE INSURANCE COMPANY FOR BOND OF LEAS CAMPBELL CONCERT HELD AT THE ORANGE BOWL ON AUGUST 24, 1974, AND DIRECTING THE CITY ATTORNEY NOT TO MAKE ANY ATTEMPT TO COLLECT THE REMAINING BALANCE OF $582.64, AND INSTRUCTING THE CITY MANAGER NOT TO ACCEPT ANY FURTHER APPLICATIONS FROM LEAS CAMPBELL ADVENTURES, INC. UNLESS AND UNTIL THIS SUM IS PAID TO THE CITY (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner REboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 72, REQUEST OFF-STREET PARKING NATURALIZATION CEREMONY-BFT,PK,AUD JULY 4 WAIVE PARKING METER CHARGES IN CONNECTION The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-285 A RESOLUTION REQUESTING THE OFF-STREET PARKING DEPARTMENT TO WAIVE PARKING METER CHARGES IN CONNECTION WITH THE NATURALIZATION CEREMONIES TO BE HELD AT BAYFRONT PARK AUDITORIUM ON JULY 4, 1976 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AYES; Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev, Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES; None. 8 MAR t IP 1976 73, PROVIDE DATE TRAFFIC PLOW IN GENERAL AREA OF BAY HEIGHTS FOR PUBLIC HEARING The following resolution vas introduced by Commissioner Plummer, who Moved its adoption: RESOLUTION NO. 76-286 A RESOLUTION PROVIDING A PUBLIC HEARING TO BE HELD AT 7 P.M. ON MARCH 25, 1976 TO CONSIDER THE TRAFFIC FLOW IN THE GENERAL AREA OF BAY HEIGHTS AND NATOMA MANORS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. REQUEST CITY MANAGER 74, TO OBTAIN FROM DADE COUNTY The following resolution was introduced by Commissioner Plummer, who moved its adoption: DETAILED ANALYSIS OF B NEFIIS THE CITY VILL RECEIxE FROM TV1. E (AUNTY DECADE OF PROGRESS tSlJN RESOLUTION NO. 76-287 A RESOLUTION INSTRUCTING THE CITY MANAGER TO ATTEMPT TO ASCERTAIN FROM METROPOLITAN DADE COUNTY A DETAILED ACCOUNT OF THE BENEFITS WHICH THE CITY OF MIAMI IS TO DERIVE FROM THE PROCEEDS OF THE COUNTY'S DECADE OF PROGRESS BONDS, AND TO RE- QUEST THAT THE CITY GET A FAIR SHARE OF THE BENEFITS IN PROPORTION TO THE AMOUNT OF COUNTY TAXES WHICH ARE PAID BY CITY OF MIAMI TAXPAYERS; AND FAILING IN THAT, TO REQUEST A JOINT MEETING WITH THE COUNTY COMMISSION AND THE CITY COMMISSION, AND FAILING IN THAT, THAT THE CITY ATTORNEY PURSUE THE MATTER IN THE COURTS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 7 3 MAR 4 -1976 75, INSTRUCT CITY ATTORNEY 10 bISMISS PETITION FOR CERTIORARI IN LITIGATION MYERS vs, THE CITY OF MIAMI The following resolution was introduced by Commissioner Plummer; who moved its adoption: RESOLUTION N0. 76-288 A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO FILE A VOLUNTARY DISMISSAL IN THE SUPREME COURT OF THE STATE OF FLORIDA TO DISMISS THE PETITION FOR CERTIORARI IN THE LITIGATION STYLED MYERS V. CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. AUTHORIZE DIRECTOR OF CESAR MANUEL PEREZ /6, FINANCE TO PAY CLAIM SETTLEMENT The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-289 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY CESAR MANUEL PEREZ, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1,800.00, IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, 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 Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer, Jr. Commissioner Rev. Theodore Gibson Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. 84 MAR 4-197 REQUEST CITY ATTORNEY CITY TO CONTROL ALL ESTABLISHMENTS • � TO PREPARE LEGISLATION DISPENSING ALCOHOLIC BEVERAGES THROUGH LICENSE REVOCATION INSTEAD OF ONLY NITE CLUBS Mr, Plummer: Mr. Mayor I would like to bring up that the ordinance relating to the City ariiistration having the right of review of night club licenses, be expanded to include 4 C.O.P. licenses, is that correct Paul? . Mr. Andrews: Yes. Mr, Plummer: I offer that in the form of a motion, that the City administration be give the latitude by an amendment to the ordinance,for all licenses dispensing alcoholic beverages, I offer that in the form of a motion, --to allow the City Manager to review all places dispensing alcoholic beverages. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 76-290 A MOTION REQUESTING THE CITY ATTORNEY TO PREPARE NECESSARY LEGISLATION TO ENABLE THE CITY TO CONTROL ALL ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES THROUGH LICENSE REVOCATION PROCEEDINGS INSTEAD OF ONLY NIGHT CLUBS Upon being seconded by Commissioner REboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon Mayor Maurice A. Ferre NOES: None. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION THE MEETING WAS ADJOURNED AT 2:00 o'clock P.M. MAURICE A. FERRE •MAYOR ATTEST: H.D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK MAR 4 fi 1976 ITEM NO. CITY OF IVRIQ►MI DOCUMENT INDEX DOCUMENT IDENTIFICATION IVMEEI INO DAT E Match 4, 1976 COMMISSION ACTION RETRIEVAL CODE NO. 2 3 4 5 6 10 11 COMMISSION AGENDA AND CITY CLERK REPORT ACCEPTING THE PLAT ENTITLED DOUGLAS GARDENS A SUBDIVISION IN THE CITY OF MIAMI ACCEPTING THE COMPLETED WORK OF SOLO AIR CON- DITIONING & HEATING CO., INC. FOR THE CITY HALL -AIR CONDITIONING IMPROVEMENTS (PHASE 11)- 1975 AT A TOTAL COST OF $12,231.02 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, HERETO ATTACHED, BETWEEN THE CITY OF MIAMI AND THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH PEAT, MARWICK, MITCHELL AND COMPANY, A PROFESSIONAL CONSULTING FIRM FOR THE PURPOSE OF DEVELOPING A "FINANCIAL MANAGE- MENT SYSTEM FOR THE CITY OF MIAMI'. DESIGNATING MARCH 25, 1976, AS THE DATE FOR A PUBLIC HEARING REGARDING TAXICABS AND OTHER VEHICLES FOR HIRE, CHAPTER 56, THE CODE OF THE CITY OF MIAMI. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO BERONA LEON, WITHOUT THE ADMISSION OF LIABILI- TY, THE SUM OF $900.00 IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM AGAINST THE CITY . AUTHORIZING AN APPROPRIATION OF $45,000.00 FROM THE PARKS FOR PEOPLE BOND FUND TO BE ISSUED TO MARCH $45,000.00 IN FEDERAL FUNDS, FOR THE PURPOSE OF CONSTRUCTING AND PLACING A SCULPTURE INTO BICENTENNIAL PARK. AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR RENEWAL CONTRACT BETWEEN PHIL HAMERSMITH ADMINISTRATIVE ASSISTANT TO THE MAYOR, AND THE CITY OF MIAMI, AT AN 8% INCREASE IN SALA- RY FROM $12,000.00 TO 12,960,00 RECOGNIZING THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT COMMITTEE AS CONCEPTUALIZED BY THE MARTIN LUTHER KING BOULEVARD BUSINESS ASSOCIATION FOR THE DR. MARTIN LUTHER KING BOULEVARD TO WORK IN COOPERATION WITH THE CITY OF MIAMI'S ECONOMIC DEVELOPMENT COORDINA- TOR, AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO EXTEND THE ELEVATOR MAINTENANCE AGREEMENT WITH MONTGOMERY ELEVA- TOR COMPANY FOR A PERIOD OF TWELVE (12) MONTHS, R-76-242 R-76-243 R-76-244 R-76-245 R-76-246 R-76-248 R-76-249 R-76-251 R-76-256 R-76>257 0077 76-242 76-243 76-244 76-245 76-246 76-248 76-249 76-251 76-256 76-257 .10 N 12 13 14 15 16 17 18 19 20 21 22 UNENTIN DEX CONTINUED DOCUMENT IDENTIFICATION ACCEPTING THE BID OF CONTROLLED ENVIRONMENT OF FLORIDA, RECEIVED FEBRUARY 13, 1976 FOR FURNISHING FOUR HUNDRED AND NINETY TOTE CON- TAINERS, AT A TOTAL COST OF $7,962.50 FOR THE DEPARTMENT OF SANITATION ACCEPTING THE BID OF SUNSET ENTERPRISES, INC. RECEIVED NOVEMBER 7, 1975, FOR FURNISHING TWO BOCCIE COURTS AT LEGION MEMORIAL PARK, AT A TOTAL COST OF $6,892,00, FOR THE PARKS AND RECREATION DEPARTMENT. ACCEPTING THE BID OF OBENOUR ROOFING AND SHEET METAL SUPPLY COMPANY RECEIVED FEBRUARY 17, 1976 FOR THE REROOFING OF CITY HALL AT A TOTAL COST OF $10,700.00 CONFIRMING THE NOMINATION OF H. GORDON WYLLIE TO SERVE AS A MEMBER OF THE OFF-STREET PARK- ING BOARD OF THE CITY OF MIAMI AUTHORIZING AN INCREASE IN SCOPE OF $89,477.00 IN THE CONTRACT WITH M.R. HARRISON CONSTRUCTION CORPORATION FOR THE BICENTENNIAL PARK -PHASE II-1975 CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A GRANT APPLICA- TION TO THE FINE ARTS COUNCIL OF FLORIDA FOR AN ARTIST -IN -RESIDENCE PROGRAM. AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO EXECUTE AN AGREEMENT WITH METROPOLI- TAN-DADE-COUNTY, THROUGH THE MANPOWER PLANN- ING COUNCIL OF DADE AND MONROE COUNTIES. REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA TO WAIVE ALL RENTAL FEES FOR THE USE OF THE DADE COUNTY AUDITORI- UM FOR THE PURPOSE OF CONDUCTING A MARATHON COMMUNITY APPEAL, AUTHORIZING THE EXPENDITURE OF AN ADDITIONAL $969.28 FOR PAYMENT OF NECESSARY PROMOTIONAL EXPENSES INCURRED IN CONNECTION WITH THE MARATHON COMMUNITY APPEAL FOR ASSISTANCE TO AID THE VICTIMS OF THE RECENT EARTHQUAKES IN GUATEMALA. ALLOCATING THE SUM OF $10,000 FROM THE CON- TINGENCY FUND OF THE CITY OF MIAMI TO BE EXPENDED BY THE CITY MANAGER AS NECESSARY, FOR EXPENSES INVOLVED IN GIVING INFORMATION TO THE PUBLIC CONCERNING THE PROPOSED $25,000,000 HOUSING BOND ISSUE. AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH THE DECLARATION OF TAKING TO ACQUIRE AS SOON AS LEGALLY POSSIBLE THE FEE SIMPLE INTEREST IN THE FOLLOWING PARCELS OF FLORIDA EAST COAST RAILWAY COMPANY ACTtON__ R-76-263 R-76-264 R-76-265 R-76-266 R-76-267 R-76-268 R-76-269 R- 76-272 R-76-273 R-76-274 R-76-275 RE 2IEVAI: CODE NO. 76-263 76-264 76-265 76-266 76-267 76-268 76-269 76-272 76-273 76-274 76,275 TIN NO. 23 24 25 26 27 28 29 30 31 32 CUMENTIN DEX CONTINUE.D DOCUMENT IDENTIFICATION CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN OBTAINING AND AUTHORIZING PAYMENT OF $1,310 TO TECHNICAL SERVICES, INC. FOR TESTS FOR PARTICULATE EMISSION FROM THE NORTH STACK AT THE 20TH STREET INCINERATOR CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ASSISTANT ADMINISTRATION TO RENEW A PROJECT ENTITLED, "LAW ENFORCEMENT COMMUNI- TY OUTREACH AND CAREER PROGRAM:. AUTHORIZING THE ISSUANCE OF A PERMIT TO THE EDISON CENTER MASONS FOR AMUSEMENT RIDES AT NORTHWEST 54TH STREET AND 12TH AVENUE ON APRIL 14TH, THROUGH APRIL 19TH, 1976 ALLOCATING THE SUM OF $389,032 FOR PAYMENT TO THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES TO PROVIDE GROUP LIFE AND HEALTH INSURANCE TO CITY OF MIAMI EMPLOYEES AS AN INCREASED PREMIUM FOR THE BALANCE OF THE FISCAL YEAR. ACCEPTING THE SUM OF $25,000.00 FROM AMERICAN FIDELITY FIRE INSURANCE COMPANY FOR BOND OF LEAS CAMPBELL CONSCERT HELD AT THE ORANGE BOWL ON AUGUST 24, 1974. REQUESTING THE OFF-STREET PARKING DEPARTMENT TO WAIVE PARKING METER CHAGES IN CONNECTION WITH THE NATURALIZATION CEREMONIES TO BE HELD AT BAYFRONT PARK AUDITORIUM ON JULY 4, 1976 PROVIDING A PUBLIC HEARING TO BE HELD AT 7 P.M. ON MARCH 25, 1976 TO CONSIDER THE TRAF- FIC FLOW IN THE GENERAL AREA OF BAY HEIGHTS AND NATOMA MANORS. INSTURCTING THE CITY MANAGER TO ATTEMPT TO ASCERTAIN FROM METROPOLITAN DADE COUNTY A DETAILED ACCOUNT OF THE BENEFITS WHICH THE CITY OF MIAMI IS TO DERIVE FROM THE PROCEEDS OF THE COUNTY'S DECADE OF PROGRESS BONDS. INSTRUCTING THE CITY ATTORNEY TO FILE A VOLUNTARY DISMISSAL IN THE SUPREME COURT OF THE STATE OF FLORIDA TO DISMISS THE PETITION FOR CERTIORARI IN THE LITIGATION STYLED MYERS V. CITY OF MIAMI AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CESAR MANUEL PEREZ, WITHOUT THE ADMIS- SION OF LIABILITY, THE SUM OF $1,800.00, IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI. R-76-276 R-76-277 R-76-278 R-76-283 R-76-284 R-76-285 R-76-286 R-76-287 R-76-288 R-76-289 76-276 76-277 76-278 76-283 76-284 76-285 76-286 76-287 76-288 R-76-289