HomeMy WebLinkAboutCC 1976-03-25 MinutesOM ISSION
MINUTES
8:30 AIM. THURSDAY, MARCH 25,1976- DOUBLE TAXATION
OF MEETING HELD ON 1000 A.M. REGULAR SESSION BEGINS
7:35 P.M. BAY HEIGHTS TRAFFIC FLOW STUDY
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H. D. SOUTHERN
CITY CLERK
RALPH G... ONOLE
ASSISTANT CITY CLERK
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MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
AMMO
SPECIAL MEETING - DOUBLE TAXATION
REGULAR MEETING
ZONED STREET WIDTH - AMD. ORD. 6871 ART. XXV, SEC. 1
PARA 121-A
STREET CLOSING-N.W. l-LTH STREET ROAD AND HIGHLAND ROAD
N.W. OF 14TH STREET.
PROPOSED CHANGE OF ZONING - LOT 11 BLK 1 GROSSE POINTE
HIGHLANDS ADDITION.
REQUEST FOR CHANGE OF ZONING CLASSIFICATION, NELSON
VILLAS & GARDEN OF EDEN LOTS 12-16.
PUBLIC HEARING -EXTENT) HOURS OF SALE OF ALCOHOLIC
BEVERAGES 4 COP.
PERSONAL APPEARANCE OF SENATOR HARRY CAIN, PRESENTAT-
ION FROM GOODWILL INDUSTRIES FOR ORANGE BOWL POLYTURF
DISPOSAL.
PUBLIC HEARING - PROPOSED EXTENSION OF HOURS OF SALE
OF ALCOHOLIC BEVERAGES 4 COP; APPOINT STUDY COMMITTEE.
PRESENTATIONS, PLAQUES, CERTIFICATES OF APPRECIATION.
WAIVE RENTAL FEES - WATSON ISLAND & SHOWMOBILE FOR
PONCE De LEON CELEBRATION APRIL 4, 1976.
ORDINANCE OR
RESOLUTION NO,
M 76=291
FIRST READING
R 76-292
M 76-293
M 76-294
DEFERRED
DEFERRAL
M 76-295
DEFERRED
M 76-296
MOTION WISHING SPEEDY RECOVERY TO SENATOR CLAUDE PEPPE .M 76-297
PERSONAL APPEARANCE - DR. RUIZ TO REQUEST FREE OFFICE
SPACE IN OLD RIVERSIDE BAPTIST CHURCH PROPERTY TO
FACILITATE HANDLING OF PROGRAM TO AID LOBSTER FISHER-
MEN.
PERSONAL APPEARANCE OF MONTY TRAINOR REGARDING FOUNT-
AIN AND LANDSCAPING AT FOOT OF AVIATION AVENUE AND
SOUTH BAYSHORE DRIVE.
DEFERRED
M 76-298
REQUEST CITY MANAGER TO DETERMINE FROM DEPARTMENT OF
NAVY THE AVAILABILITY AND POSSIBLE RELOCATION TO MIA/
AS A MUSEUM THE U.S.S. MISSOURI. M 76-299
PERSONAL APPEARANCE OF MR. LLOYD HOWARD -COMPREHENSIVE TEMP. DEFERRAL
ALCOHOLIC PROGRAM
PERSONAL APPEARANCE OF MR. JACK WEISS - CITY OWNED
STREET LIGHTING
PERSONAL APPEARANCE OF MR. LLOYD HOWARD -COMPREHENSIVE
ALCOHOLIC PROGRAM, FUND FOR PERIOD OF 1 MONTH NOT TO
EXCEED $4,000.
PERSONAL APPEARANCE OF MR. ROBERTO TABOAS TO REQUEST
ZONING RELIEF FOR PROPOSED APARTMENT BUILDING TO BE
BUILT AT 735 S.W. 5TH STREET.
PERSONAL APPEARANCE OF MRS. CHARLES STARKEY - TRAIL
MINI -PARK
REFERRED TO
MANAGER
M 76-300
DENIED
DISCUSSION
PERSONAL APPEARANCE OF ATTORNEY JESSIE MC CREARY,
REQUESTING PROMOTION OF PERSONS TO CONFORM WITH INTEN1
AND PROVISIONS OF CONSENT DECREE(OFFICER WHITE)., 0 M 76-302
1.-17
18
19
19-23
24-28
29-34
34-35
35-36
47
47
48
48-50
50-52
52-53
54-55
55-59
59
60-63
63-69
69'80
d�f
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO,' SUBJECT
20. 'GRANT FREE USE OF MIAMI BASEBALL STADIUM-AMERICAN
LEGION BASEBALL LEAGUE
21. SEMI ANNUAL PUBLIC HEARING -TRANSFER OF CERTIFICATES OF
PUBLIC CONVENIENCE AND NECESSITY.
22, REVOKE CERTIFICATE OF MIAMI MINI ALIADOS, INC.
23. REVOKE CERTIFICATE C-596, CLIFFORD YOCUM PRIVATE
SCHOOL BUS.
24.
25.
26.
410
27. EXECUTE LEASE AGREEMENT WITH GROVE KEY MARINA, INC
FOR A PERIOD OF 8 YEARS.
TI
PERSONAL APPEARANCE OF MR. OCTAVIO BLANCO.
PERSONAL APPEARANCE OF LT. KEN HARRISON REGARDING
MINUTE ITEM 4119.
PERSONAL APPEARANCE OF FIRE CHIEF DON HICKMAN REGARD-
ING POSSIBLE INTERRUPTION OF AMBULANCE SERVICE BY
PROPOSED STRIKE OF ATTENDANTS.
28. BID ACCEPTANCE - VIDEO EQUIPMENT FOR MIAMI MODERN
POLICE DEPARTMENT.
29.
BID ACCEPTANCE - MILLOVOLT METERS & OSCILLOSCOPES FOR
DEPARTMENT OF COMMUNICATIONS.
30. -BID ACCEPTANCE - LABOR & MATERIALS TO REFINISH OFFICE
FURNITURE.
31. :.BID ACCEPTANCE - AMMUNITION.
AP 32. BID ACCEPTANCE - WITHERS VAN LINES FOR MOVING OF THE
MIAMI POLICE DEPARTMENT TO NEW BUILDING.
33. GOLF STARTER POSITIONS, APPROVE PROPOSAL OF CITY
MANAGER TO INSTITUTE PART TIME GOLF STARTER POSITIONS
AT CITY OWNED GOLF COURSES.
34. AUTHORIZE CITY MANAGER TO ENTER INTO A SUPPLEMENTARY
AGREEMENT WITH RALPH ALLEN, GOLF PRO AT MIAMI SPRINGS
GOLF COURSE MAKING PROVISION FOR COLLECTION OF GREEN
FEES EACH DAY.
35. AUTHORIZE CITY MANAGER TO ENTER INTO A SUPPLEMENTARY
AGREEMENT WITH CHARLES DeLUCCA, JR. AT MELREESE GOLF
COURSE MAKING PROVISION FOR COLLECTION OF GREEN FEES
EACH DAY.
36. ORANGE BOWL DISCUSSION ITEMS.
37. PUBLIC HEARING -TRAFFIC FLOW -BAY HEIGHTS & NATOMA
MANORS AREA SIGNS; WIDENING OF SOUTH BAYSHORE DRIVE.
38, AMEND SECTIONS 30-4 & 30-5 OF THE CODE TO PROVIDE FOR
DELINQUENT PENALTIES FOR LATE PAYMENT OF LICENSE FEES
39. AMEND 6871 BY ADDING A NEW PARAGRAPH K, SUB 57, SEC
PROVIDING FOR WHOLESALE MARINE MOTORS, PARTS, ACCESS-
ORIES SALES, ETC.
ORDINANCE OR
RESOLUTION NO, PAGE NO,
R 76=603
R 76-304
R 76-305
R 76-306
MOTION
DISCUSSION
DISCUSSION
R 76-307
R 76-308
R 76-309
R 76-310
R 76-311
R 76-312
R 76-313
R 76-314
R 76-315
DISCUSSION
M 76-316
M 76-317
M 76-318
M 76-319
8528,
80
81
81
81
82-84
84-86
86-90
90-94
94
95
95
96
96
97-100
100
101
101-105
106-12(„_
127
8529 1 128
ITEM NO
SUBJECT
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ORDINANCE OR
RESOLUTION NO f PAGE NU.
40,
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44.
45.
46.
47.
48.
49.
AP 50.
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52.
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56.
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59,
60,
AMEND 6871, ARTICLE VII, LOW DENSITY MULTIPLE R-3 TO
ALLOW EXCEPTIONS TO HEIGHT LIMITATIONS AS A CONDIT-
IONAL USE.
AMEND 6871 COMMUNITY COMMERCIAL C-2 DISTRICTS TO PRO-
VIDE FOR ORTHOTIC & PROSTHETIC SURGICAL APPLIANCE
OUTLETS.
AMEND CHAPTER 38 OF THE CODE - IDENTIFICATION CARD-
ISSUANCE, CONTENTS, INCREASING FEES.
AMEND SECTION 3-49 OF CODE TO PROVIDE FOR INCREASE IN
FEES FOR IDENTIFICATION CARDS.
AMEND SECTION 34-21.1 OF THE CODE TO PROVIDE FOR
INCREASE IN STORAGE CHARGES AT CITY AUTO POUND.
AMEND 43-8 OF THE CODE, INCREASING FEES FOR FURNISH-
ING OF INFORMATION FROM POLICE RECORDS, ETC.
AMEND 56-133 OF CODE, TAXICABS & OTHER VEHICLES FOR
HIRE - INCREASING FEES FOR ISSUANCE & RENEWAL OF
CHAUFFEUR REGISTRATION.
AMEND CHAPTER 56 OF THE CODE, TAXICABS, SIGHTSEEING
AND FOR -HIRE CARS, INCREASING FEES FOR CERTIFICATES
THEREUNDER.
AMEND 39-1 OF THE CODE TO INCREASE FEE SCHEDULES FOR
USE OF RECREATIONAL FACILITIES.
AMEND SECTION 39-2 OF THE CODE, INCREASING FEE FOR
USE OF BANDSHELL, TORCH OF FRIENDSHIP AND SNOWMOBILE.
ACCEPT COMPLETED WORK - PARKS -SHELTERS & COMFORT
STATIONS - 1975.
ACCEPT PLAT - NEW ROOSEVELT OFFICE SUBDIVISION.
ACCEPT PLAT - CULMER VILLAS SUBDIVISION.
AMEND 39-3 OF THE CODE TO INCREASE FEES FOR TENNIS
COURTS.
APPOINT FIRE CHIEF DON HICKMAN AS CIVIL DEFENSE PRE-
PARDENESS DIRECTOR, ALSO APPOINT D.A. HEWSON AS CIVIL
PREPAREDNESS COORDINATOR
SUBMIT GRANT APPLICATION TO DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR AN ECONOMIC PLANNING PROGRAM.
WAIVE RENTAL FEE FOR BAYFRONT PARK AUDITORIUM FOR
IMMIGRATION & NATURALIZATION SERVICES.
WAIVE RENTAL FEE OF BAYFRONT PARK AUDITORIUM FOR
"TOYS FOR TOTS PROGRAM".
WAIVE RENTAL FEE OF MIAMI BASEBALL STADIUM FOR MIAMI
JACKSON HIGH SCHOOL BASEBALL GAME.
ISSUE PERMIT FOR AMUSEMENT RIDES & ACTIVITIES TO
BELEN JESUIT PREPARATORY SCHOOL.
ISSUE PERMIT FOR AMUSEMENT ACTIVITIES TO COLEGIO
MONTORI.
8530 128
8531 129
8532 129
8533 130
8534 130
8535 131
8536 132
8537 132
8538 133
8539 - 133
R 76-320 134
R 76-321 134
R 76-322 135
FIRST READING 135-136
R 76-323
R 76-324
R 76-325
R 76-326
R 76-327
R 76328
R 76-329
136
136
137
137
138
138
139
ITEM NO
61.
62.
63.
64.
65.
Dna
MINUTES OF REGULAR MEETING
CITY MISSION OF MIAMI, FLORIDA
DESIGNATING APRIL 10 & 11, 1976 AS MIAMI RIVER CLEANUP
DAYS.
ENGAGE DR, J. SAWYER TO CONDUCT EDUCATIONAL SEMINARS.
CLAIM SETTLEMENT - HAROLD COPE.
CLAIM SETTLEMENT - MR. FRANCISCO R. MARTY.
CLAIM SETTLEMENT - MR. SERGIO ROQUE.
66. AUTHORIZE PAYMENT OF SUPPLEMENTARY DISABILITY SALARY
(D-TIME) FOR CITY EMPLOYEES WORKING UNDER THE MANPOWER
PROGRAM.
67.
68.
69.
70.
71.
72.
73.
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CONFIRM ACTION OF THE CITY MANAGER - CONVEY DEED TO
DADE COUNTY FOR 10' OF RIGHT OF WAY ON N.W. 5TH STREE
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH THE
GROVE GROUP FOR STUDY, ANALYSIS & DEVELOPMENT OF
DINNER KEY RECREATION/EXPOSITION HALL.
DECLARE RESULTS OF SPECIAL CHARTER AMENDMENT ELECTION
HELD MARCH 9, 1976.
DECLARE RESULTS OF SPECIAL HOUSING BOND ELECTION HELD
MARCH 9, 1976.
DECLARE INTENTION OF CITY OF MIAMI OF EXERCISING
AUTHORITY UNDER COMPREHENSIVE PLANNING ACT OF 1975,
CHAPTER 75-257 LAWS OF FLORIDA.
DESIGNATE PLANNING ADVISORY BOARD OF THE CITY AS LOCAL
PLANNING AGENCY IN CONFORMANCE WITH "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING ACT OF 1975".
BID ACCEPTANCE - REMOVABLE' POOL BULKHEAD AT CURTIS
PARK POOL.
74. BID ACCEPTANCE - FERTILIZER.
75.
76.
77,
78.
79.
79-B.
80,
81,
82.
BID ACCEPTANCE - BROCHURES FOR DEPT. OF PUBLICITY.
BID ACCEPTANCE - TREES FOR PARKS & RECREATION.
BID ACCEPTANCE - CHOPIN PLAZA STORM SEWER REPAIR.
COSMETIC FACE-LIFT FOR BAYFRONT PARK AUDITORIUM.
REQUEST CITY ATTORNEY TO PREPARE NECESSARY LEGISLATIOr
FOR A $100,000,000 BOND ISSUE FOR SEWERS AND OTHER
NECESSARY IMPROVEMENTS.
LATIN CHAMBER OF COMMERCE
ACQUISITION OF ADDITIONAL PROPERTY FOR CONVENTION
CENTER, N.W. CORNER.
AUTHORIZE MANAGER TO EXPEND UP TO $15,000 FOR INSTALL-
ATION OF IRRIGATION SYSTEM FOR ORANGE BOWL TURF IRRI-
GATION SYSTEM.
PROPOSED APPOINTMENT TO CITY OF MIAMI COMMITTEE OF
ECOLOGY & BEAUTIFICATION, MRS. ZELMA STARKEY.
ORDINANCE OR
RESOLUTION NO,
R 76.330
R 76-331
R 76-332
R 76-333
R 76-334
R 76-335
R 76-336
R 76-337
R 76-338
R 76-339
PAGE N0,
139
140
140
141
142
142
142
143
144
144
FIRST READING 145
FIRST READING 145
R 76-340
R 76-341
R 76-342
R 76-343
R 76-344
DISCUSSION
M 76-345
DISCUSSION
DISCUSSION
R 76-346
146
146
147
147
148
148
)49-
150
150
151
151
WITHDRAWN 152
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11�L�
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ITEM NO, SUBJECT
83. ALLOCATE $100 FROM CONTINGENCY FUND FOR PURCHASE OF
SHIRTS FOR CITY OF MIAMI EMPLOYEES BOWLING LEAGUE.
84. APPOINT YVONNE SANTAMARIA, ALICIA BARO, MANUEL MEND-
OZA, REVEREND H. KIRTLEY AND HAZEL GRANT. TO THE
AFFIRMATIVE ACTION BOARD OF THE CITY OF MIAMI.
85. ACCEPT IN PRINCIPLE THE PLAN OF EDWARD D. STONE AND
ASSOCIATES FOR BOULEVARD FRONTAGE OF THE NORTH PORT-
ION OF BAYFRONT PARK.
86. COMMENDING CARLOW B. FERNANDEZ FOR CIVIC ZEAL IN
PRINTING AND DISTRIBUTION OF LITERATURE IN SPANISH
URGING PASSAGE OF HOUSING BOND ISSUE.
87. APPROVE EXPENDITURES OF COMMISSIONER ROSE GORDON FOR
TRIP TO WASHINGTON REPRESENTING CITY OF MIAMI WITH
NATIONAL LEAGUE OF CITIES.
88. TERMINATE AGREEMENT WITH PAUL WEBER, CLAIMS SUPER-
VISOR.
89. CLAIM SETTLEMENT - MR. & MRS. SAMUEL TARAVELLA
90. i CLAIM SETTLEMENT - JOHN R. FARRELL, P.A. - PARCEL
1537.2 CONDEMNATION ACTION, CITY OF MIAMI VS. LYNN
FUELLING, ET. AL.
91. WAIVE FEE FOR CLASSES AT CITY PARKS FOR PERSONS OVER
62 YEARS OF AGE WHO ARE RESICENTS OF THE CITY.
92. CITY COMMISSIONERS' SALARIES.
CORDINANCE OR
RESOLUTION NO,
R 76-347
R 76-348
R 76-349
R 76-350
R 76-351
R 76-352
R 76-353
R 76-354
FIRST READING
DISCUSSION
PAGE NO,
152
152
153
153
154
154
155
155
156
156
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
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On the 25th day of March, 1976 ,the City Commission of Miami,
Florida met at its regular meeting place in the City Hall, 3500 Pan
American Drive, Miami, Florida, in regular session.
The meeting was called to order at 10:00 O'Clock A.M. by Mayor
Maurice A. Ferre with the following members of the 'Commission found to
be present:
ALSO PRESENT:
Commissioner Manolo Reboso
Commissioner. (Rev.) Theodore R. Gibson
Commissioner. J. . Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
P. W. Andrews, City Manager
A. P. Crouch, Assistant City Manager
John S. Lloyd, City Attorney
H. D. Southern, City Clerk
Ralph G. Ongie, Assistant City 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. ZONED STREET WIDTH-AMD. ORD. 6871 ART. XXV, SEC. 1 PARA 121-A:
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE 6871, ARTICLE XXV, SECTION 1,
BY ADDING PARAGRAPH (121-A) ESTABLISHING A ZONED STREET WIDTH
TO READ AS FOLLOWS: (121-A) 36TH COURT, S.W. APPROXIMATELY
140 FEET SOUTH OF S.W. 17TH STREET 20 FEET
Was introduced by Commissioner Gordon 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.
1O
MAR 25197
2. STREET CLOSING-N.W. 11TH STREET ROAD AND HIGHLAND ROAD N.W..OF ,14 STtEET:
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 76-292
A RESOLUTION GRANTING REQUEST FOR THE OFFICIAL VACATION AND
CLOSURE OF N.W. 11TH STREET ROAD, APPROXIMATELY 280' NORTHWEST
OF N.W. 14TH STREET AND OF HIGHLAND ROAD APPROXIMATELY 101'
OF N.W. 14TH TERRACE, IN ACCORDANCE WITH TENTATIVE PLAT NO.
935-A "BISCAYNE CIVIC CENTER PLAZA"
(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.
3. PROPOSED CHANGE OF ZONING -LOT 11 BLK 1 GROSSE POINE HIGHLANDS ADD.:
Mr. Jose Diaz Asper: Honorable Commission, my name is Jose Diaz Asper,
I am attorney for Replica PUblishing Co. The purpose of our appearance is to
request that we are able to obtain a conditional use of the premises, inasmuch
as we have found a solution to this problem by using some additional space
that is adjacent to our building and with the use of this additional space
we will not have to request a change of zoning classification on that property
known as 601 N.W. 30th Avenue. We therefore feel that if a period of several
months is granted to us, and obtaining a transitory permit to operate and
phase out from the existing residential area, we will be able to do so without
damaging the operation of the newspaper.
Mayor Ferre: What you are saying is, that you recognize that the neighborhood
as represented by a lot of these people here feels strongly about this thing and
what you really want is several so that you will be able to move your offices
out of there. Is that what you are requesting?
Mr. Asper:That is right.
Mayor Ferre: How many months do you actually need?
Mr. Max Lesnick: The problem Mr. Mayor is that when we bought that building,
we had a lease in the contract, our neighbor, is a market, to have
a space there to move our operation in the new house that we bought about 3 months
ago. We are negotiating with the owner of the building, or the owner of the
market, how we can move to our place that belong to Replica, ----in other words,
the lease finish in one year, I am trying to negotiate in less time, for this
legal question I cannot solve it by myself. I understand the situation of our
neighborhood and we don't pretend to make any damage to our neighbors. The only
problem we have right now, if we move today or tomorrow, our operation will
be damaged too much, it is not possible in time of weeks to solve the problem, and
we don't pretent to change the zoning, if we start at that time, the only way
legally to continue the operation, because the law don't give at that time other
ways to do that.
Mayor Ferre: What you are saying Mr. Lesnick, as I understand it, is, that
you had to do this because you were really forced into that situation but
at this time you recognize that that is going to be impossible and what you
are asking for now it time so you will be able to move the operation out of there
correct?
Mr. Lesnick: That is right.
Mayor Ferre: How much time do you need?
MAR 251976
Mr. Lesnick: We need one year, but. I :am trying to negotiate with
the owner of the building, if he can give less time to us.
Mayor Ferre: That is different from what your attorney just said,
Your attorney said 3 or 4 months.
Mr. Lesnick: b months,
Mayor Ferre: Oh, 6 months,
Mr. Lesnick: I don't know if we can serve it out,
Mayor Ferre: Mr. Lloyd correct m-> if I :am wrong, you see, legally,
what we are not able to do is to legail! 4;,.;w, the request that is being asked
because it is against the law. What we cook do and 1 would hope this would
have concurrence with the neighborhood. is to postpone this hearing and perhaps
give you a couple of months and then pit C-1<..t time we could come and discuss it
again and at that time we could postpone it anothe:: time, if you have not worked
out your problem by then, an.1 i 7-1-0 -hat ne neighborhood would have the
kindness of heart and generosity Lc be ab_e co t.ive these people at least those
few months to work out their probloln and I think that you would want the same
courtesy if you were in the same situation. If you don't we will listen to you
then we will snake a decision here.
How many want to speak? Seven? I w!i. -ive you each 3 minutes. Is there
anybody who cannot say what he has to .';-lr� '1r� 3 minutes?
Mr. Vicente Calle: I am `dice;-.;. C:,,:,.ie, I live at 3021 N.W. 6th St. I don't
agree with what this gentleman says abot_:r riving more time because when he put
that property, he put that property to .{ve yr. it, not for business purpose. He
fix the house for business purpose. Ac put a fe:-ce there, and all kinds of things,
he didn't come to the City to ask permission to do that, he did that because he
feels like it is his house,"and that is not right. I don't agree to give any more
time because hellos been doing business over there for 3 months already, and
that is not fair.
Mr. John Tomas: My name is John Tomas, I live at 3071 N.W. 6th Street,
the owners of Replica moved in in a weekend. They did extensive
remodeling and electrical work and I don't believe there was.a permit taken
out for either case. If he can move in in a coupe of week -ends, he can get
out in a couple of week -ends. Another thing 's, at the last meeting he had
his own photographer intimidating us, taking pictures of us, just to scare us
so we would not come back here again. We were there and didn't get intimidated. 1r'
He made it under the pretense that he wanted it for his magazine just to have
it on record. That is not the reason. He threatened us that he was going to move
in, either sell the property or rent it and hinted he was going to rent it to a
black man. We don't care. It doesn't offend us at all, but this is the type of
situation we face. He wants to do this on his own, on his own terms, and never
consulted us when he moved into the neighborhood to see if we were in agreement
with him moving in. He moved in, changed it altogether, he did whatever he felt
like and that is what he wants to do now. l.f 77 of us can show lip last time,
and 39 were absentee votes, and the same thing happened today, because there
is quite a few of us here, I don't think we should have to come down here
again and lose time off from work.
Mayor Ferre: Mr. Lesnick are you renting the property, or have you got
an option to buy it, or have bought it or what?
Mr. Lesnick: Mr. Mayor the conditions that we bought that house,
Mayor Ferre: You bought it, own it?
Mr. Lesnick: We bought it, I want to explain why we bought that house
and at the time wht the law said.
Mr. Rene Diaz: My name is Rene Diaz, I live at 2880 N.W. 6th Street.
We went through this before and what I wan: tc, say is, I don't want to come
back here again. It is time from work :fld we already established
Mayor Ferre: You have been her:her cr e the Commission?
Mr. Diaz: Not the commission the Zoning Board. We established the fact
MAR 25 1976
that this is .our
mind the
the property and
else,
neighborhood and we want to keep it the way it is, I don't
but he didn't act in good faith I feel, When he bought
remodeling was mentioned, plus, he could rent some place
Mr. Earl Sullivan: Mr. Mayor and members of the Commission, my tfate is
Earl Sullivan, first I would like to present these 19 signatures I have here,
They were working and unable to attend the meeting, The other items that were
brought up in here we,will not discuss, but I would like to discuss the parking
situation at the particular place which he has no parking. Cars have the
Sidewalk blocked all the time. If you want to go to the corner grocery, you
have to walk out in the street. You cannot walk on the sidewalk. We also
have a school across the street, and all the kids going to school have to
Walk out in the street because cars are parked all over the sidewalk. He
has no parking facilities whatsoever. This is one thing I would like to bring
Up,
Mr. Tully L. Brush: I am Tully L Brush, I live at 445 N.W. 30th Ave. I
believe the commission would compound the felony in giving him more time in
the fact that he didn't bring his representative and approach the city in the
first place, about demolishing the house, the interior of the house and making
offices or whatever he did in there. he has 6 ft. fences, with barbed wire
between the two buildings. I think it is objectionable and I think something
ought to be done and ought to be done now.
Mayor Ferre:Thank you for your brevity, now on rebuttal.
Mr. Diaz Asper, Atty: I would like to mention the fact that we didn't
do any exterior, minor interior modification to the premises. The reason for
the property being purchased was that we felt that they were going to be
able to come under a particular provision of the ordinance that allows adjacent
properties to be used for the same commercial purpose but there was confusion
in, the fact the same numbers on the street were interpreted as being, allowing
this particular use under the ordinance but then, upon further research we found
out the interpretation of the ordinance was other than that. We are trying to
correct the situation and to expeditiously move out of the premises and the
fence and all the other items were there before, they were not added by us,
and the parking situation I don't feel has been agravated.
Mayor Ferre: Are there any statements by the administration?
Rev. Gibson: How long do you think it is going to take you, ---you hear
what the people say. It is a residential neighborhood. ONe of the things about
the law, you can't the right of those people and make it a privilege of yours.
I don't think any man ought to be thrown out on the street but I have to defend
mm the right of a man, his home is his castle.
Mr. Asper: If we could have a couple of month to wind up our operations
I think that would be reasonable.
Rev. Gibson: Let me ask the people. I am the clergyman, always for peace.
If this man is doing business and he knows he has violated the law, I think
all of us do some wrong. He knows he has to get out, would you be understanding
and if we could postpone this and give him about 90 days to move his business
and avoid this kind of thing. You know, always remember, I gave a prayer this
morning,
Mayor Ferre: I was going to quote your prayer,'deliver us oh Lord from
the spirit of narrowness or bitterness or prejudice'
Rev. Gibson: ---I thought we need to keep that always, even I, and I am
hoping, you tell us.
Mayor Ferre: How many of you would, those in the neighborhood here, and
this is not a neighborhood as such, it is a commission meeting, but there are
many of you taken from your busy schedule and time to come here, how many of you,
just the neighbors, I am not asking people outside the neighborhood, the neighbors,
would you permit these people to have 90 days to get out of that? HOw many would
be against that, raise your hands.
21 MAR 25 1976
Unidentified person: How Aout. 30 days?
Mayor Ferret It isn't a question of moving out, it is a question
of where they are going to move to. They may have to prepare an office:
It is easier to move in than move out.
Mr. Reboso: Let me tell you, the problem is that ususally we grant
this request.
Mayor Ferre: This is not unheard of, we do this all the time.
Mr. Reboso: We don't want to be specifically against somebody particularly,
because that can happen to any one of you; and we will be in the same position
of granting the variance or permit. So what do you think is a reasonable
time?
Rev. Gibson: Let's give the man enough time to move out.
Mayor Ferre: The man asked for a year, the attorney took it down to
6 months, Father Gibson says 90 days, and now we are, ---
Rev. Gibson: It isn't until that shoe is on your foot that you really
begin to understand how it hurts. I want to tell you that and I only ask
you to be understanding.
Mayor Ferre: How long has thisc_ond.tion existed by the way?
(inaudible reply)
Mr. Plummer: The on thing these people have to be aware of that they
are not, I might as well tell you the v uth of what is practical, that
if Mr. Lesnick gets turned down here today, the normal next procedure is
the court and the court will take a minimum of 90 days and always during
such a stay for litigation, no action is taken against the individual so
you might as well be practical. Mr. Mayor what I suggest and in the concurrence
with the applicant that he give to this city a letter in which he states that
he understands, that he has violated the Charter or the zoning ordinance and
that he gives this commission an absolute guarantee that he will move out
in 60 days.
Mayor Ferre: J. L. you can't do that legally. Mr. Lloyd has gone over
that time and again. What you are recommending is reasonable, unfortunately
it is illegal. The only thing we can do here is we can postpone hearing this
item for 60 days. That is reasonable. You understand what we are going to do,
at that time he understands what that means.
Mr. Edgar. Fernandez: I am Edgar Fernandez, 3020 N.W. 6 Street, my question
is, in those 60 days he is going to be operating his business, without a city
license, in an R-1 zone, is that legal?
Mayor Ferre: Mr. Fernandez, what would you want us to do?
Mr. Fernandez: I. am just asking one question.
Mayor Ferre: You are right., what do you want us to do? Kick him out
today?
Mr. Fernandez: I think anybody can move in over a week -end, he can move
out in a week -end.
Mayor Ferre: Your generosity cverwhe7ms me.
Rev. Gibson: I hope our citizens will understand that one day you may
be similarly situated and we would want to be as understanding with you as
we would like to be with this man. And Mr. Mayor, in spite of the fact that
the man has violated the law, I woula urge the commission to give him 60 days
knowing that at the end of 60 days he must either fish or cut bait, meaning_
he has to go. I hope my fellow citizens will understand that.
Mr, Plummer: Let me see if I can go another way, subject to hie giving to
the City Attorney today a letter stating that he knows he is in violation of
ea
the building code, the coning code which then in my estitlation preclude
his going into court with any rights whatsoever. Is that legal?
Mayor Verret The trouble with that is, that that is an implication
that we are condoning something which is against the law and we can't
do that.
Rev. Gibson: J. L. why don't we grant him the 60 days and he knows
if he doesn't do it when the 60 days are lip we are going to trove him out.
Mayor Ferret The only thing legally that we can do is continue this
hearing to a future commission meeting.
Rev. Gibson: At the time when he comes, if it isn't done, these
people come back to us, we just send a man to move him out, That is all.
They will give them some assurance.
Mayor FErre: Is there a motion that this be continued?
Rev. Gibson: I move to give him 60 days with the full understanding,
Mayor Ferre: You can't do that Father,
Rev. Gibson: I postpone for 60 days,
Mr. Plummer:What you are saying Father is that this item be rescheduled
for the meeting of May 27.
Mayor Ferre: That is correct.
REv. Gibson: That these people do not have to come back, you heaid the
people say they had to stay off their jobs.
Mayor Ferre: I'll make a commitment to you, on May 27th I will vote
that this matter not be continued, and I will vote against the motion as
presented. So you have my commitment on that.
Mr. Reboso: Everybody is going to vote yes.
Mayor Ferre: In other words you don't have to come back.
The following motion was introduced by Commissioner Gibson who
moved its adoption:
MOTION NO. 76-293
A MOTION TO POSTPONE FOR A PERIOD OF SIXTY DAYS A PROPOSED
ORDINANCE TO CHANGE THE ZONING OF LOT 11, BLK 1, GROSSE POINTE
HIGHLANDS ADD FROM R-1 TO C-2 IN ORDER TO ENABLE THE APPLICANT
TO MOVE HIS OPERATIONS TO ANOTHER LOCATION
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.
23
MAR 251976
REQUEST
FOR CHANGE
OFZONING NELSON VILLAS & GARDEN OF EDEN LOTS 12=IG
CLASSIFICATION
DEFERRED AFTER DISCUSSION
Mayor Ferre: Now we will take up item NO. 6, which was passed on
first reading by theCity Commission on January 22, introduced by Plutmner
seconded by Reboso, approximately 535 N.W. l5th Street, is there further
discussion on this? Is there a motion?
Rev. Gibson: Mr. Mayor I want to raise some questions. When this
matter came up before there was some specific instructions given. Counsel,
answer whether or not those instructions we-:e carried out. You know what
Iam going to do, if you give us your word and don't keep your word, you
are in bad shape.
Mr. Plummer: I think Father asked the question of our counsel, just
for the record, and I haven't heard him answer. Mr. Lloyd you didn't hear
the question of Father Gibson, I will ask the question. The question was,
any question for a simple yes cr no answer, it was spelled out to the
applicant in very clear language what he was supposed to do, and proffer to
the City. Did he comply yes, or no?
Mr. Lloyd; Well, he proffered n covenant which we made recommendations
that they be changed, and we have a covenant here which we have prepared which
they have signed.
Mr. Plummer: The answer. I want is yes or no, did he comply?
Mr. Lloyd: Yes, he complied.
Mr, Plummer: The answer is yes,
Mr. Lloyd: There were certain things in there which legally in the covenant
we did not put in there because they cannot be legally sustained, but as far as
his agreeing to a covenant which we submitted to him, he did that.
Mr. Plummer: Be then complied with the request of this commission.
Mr. Lloyd: As modified by the Law Department because you had certain things
'-n the covenant which legally can't he incorporated.
Mr. Plummer: The answer is yes.
REv. Gibson: Let me ask the question the other way. One of the things
and it was specifically stated that the people, that both parties would receive
documents prior to this meeting that they could go over, and be sure that they
had an understanding, met approval. Was that done?
Mr. Lloyd: Yes, sir.
Rev. Gibson: I want you to note the lawyer there, I want you to note your
staff and I want you to note the Bishop standing up saying no. I don't like that.
Mr. Lloyd: May I say something, and I seriously resent,---Idon't know who
said no, sir, but a document, this covenant was hand -delivered to Mrs. Massey.
To me that is compliance with this commission's order. If it isn't I would like
to know what we can do.
Rev. Gibson: ----five day prior?
Mr. Lloyd: Several weeks agc, Father.
Rev. Gibson: All right we will put Mrs. Massey, and let your staff
answer,
Mr. Davis, Planning Adv. 3oard:
ago Father Gibson, I wanted to refer
variance which the commission wanted
as I remember it.
The covenant was submitted a long time
to tha'peition for conditional use and
the zoning board to consider prior to this,
r,.,
Roy. (tibaont That is part of the agree:tent.
Mr. Pavia: The Zoning Board deferred these matters because of other
problems.
Rev, Gibson: Mr. Mayor you know what I am going to do? I am going to
make that motion. I am not about to go through this. I remember the other
experience I had shortly after I came on the Zoning Boardf am not going to
forget that, right now I atn ready to do it.
Mr. Jack Watson: Mr. Mayor and members of the Commission I represent
the applicant in this matter. Mr. Hollo could not be here this morning. Let
me bring the commission up-to-date. Canon Gibson you will recall we had a number
of hearings on this matter and you made it very clear to me, that this matter
was to go back to the Planning Department and we should do everything we could
possibly do to change our plans to comply with what they thought should be. IN
addition to that, Canon, we strongly suggested that we file a covenant to run
with the land. Let me tell you sir, we have gone back, we have worked and changed
the plans to the point now that the Planning Department is recommending this
project, secondly as far as the covenant is concerned, the covenant that was
submitted to us, we submitted one, the City Attorney's office revised it and sent
it back. We accepted the revision, we executed, signed, sealed and delivered the
covenant to the City, so we have done everything we could have possibly with one
exception. If you will recall, that it was discovered that we would need two
conditional uses on this to make this project a reality. The conditional uses
did not have anything to do with the change of zoning but before the plan could
become totally effective, the lower court would have to grant the conditional
uses. We filed for the conditional uses at that time, just shortly thereafter
the Planning Department discovered that we may need a variance too. We had no
objection about filing for the variance, but when we were told that the filing
fee for a simple variance was over $10,000. for a simple variance, and if we
were turned down by the lower board it would be another $10,000. to get to this
commission, meaning a possibility of a gamble of a non-refundable fee of $20,000.
on a simple variance which I understand now that we may not need, that is where
we are. It was my understanding that the planning department will recommend
in some manner or form that either on the construction of the existing ordinance
that we don't need that variance. We have done everything possible to do, Canon,
that we said we were going to do, but I am sure you can understand that no man
in his right mind would pay 10 or 20 thousand dollars for a variance he may or
may not need. And that is where we are. I would ask the Planning Department if
there is any question about that to explain it.
Rev. Gibson:Counsel, you are a smart lawyer. You don't come cheap.Iam
sure that if the interest of those people is violated, $10,000. is a very
small amount of money. When I saw, and I want to say this to the Commission,
when I saw what happened at that other project, the clqsing of those streets,
I shudder, I am not going to vote for anything that isn't fully settled long
before you get here.
Mr. Watson: Canon, I understand you position. But you are talking
about the rights of the people being violated, I am trying to tell you
and get across to you the fact is we may or may not need the variance. It
was for your interpretation.
REv. Gibson; Good, Mr. Davis, I am interested, you know, this is your line.
I see you up here objecting.
Mr. Davis: I am not objecting sir.To what?
Rev. Gibson; You said these variances, and all this, have you gone through
all of that?
Mr. Davis: Yes, sir.
Rev, Gibson: And you are saying everything is in order?
Mr. Pavia; We have not received the fee for the variance sir.
Rev. Gibson: Wait, we are not moving today, I am not.
MAR 2 5197
Mr. Watson: Don't you think Canon Gibson, that a determination should be
made by asking your Planning Department whether or not we need the variance?
Why ask for a variance and spend 10 or 20 thousand dollars We don't need?
Mayor Ferret Bishop Duncan I am glad to see you are well and up and about.
I understand you had a little bout there and we are glad to see you looking so
healthy.
Bishop Duncan:Mr. Mayor and Commission, I am really am not opposed to
this project. I hope to see people down there and I hope by the grace of God
that we can have a project there that will be for people and just for making
money. I think our Bayfront is the most important thing Miami has and I want to
see us keep it.
I don't know all of the ins and outs of this thing, how it works. But I
want to tell you what I feel.I feel I am getting an in -run, around. I have been
to two planning sessions where this subject was supposed to be brought up. They
were withdrawn immediately before we were not really satisfied nor, --my understanding
was, the planning Committee fully satisfied. The variances that are asked for is
to reduce the open spaces at ground level. This is where it is important. It
really doesn't make very much difference how much space you have up above. At
ground level you want to have the variances comply with what was proposed
which was 50% and they asked for less than that. I have agreed to the F.A.R.
proposition, Mr. Holder and I, on that proposition, but I do ask the commission
whether the F.A.R. which comes out when you put the parking and you put all
the other facilities it gets up instead of being an F.A.R. of 6, it comes to
15 and maybe this is all right. I don't know enough about planning to say whether
the density is too great or not, but that is something that has to be determined
by the Planning Committee. The point is, here we go all of a sudden, this comes
up before you as a zoning matter when it hasn't been completed by the Planning
Board and approved there. I just don't understand what is happening because
I feel in this thing that what is going to happen ultimately, we are going to
be able to have any kind of building right next door on the bayfront. So I
would hope that we would at least get it done and agreed upon with us, we
are going to keep the 50% as there, as planned and the covenant,and all the
other things. Mrs. Massey may have see the final document, I don't know, but
I have never seen it.
Mr. Plummer: Bishop, my I, for the record, because there has been a question
in the past, Mrs. Massey does represent you and the church?
(inaudible reply)
Rev. Gibson: Yes, I can testify to that.
Mayor Ferre: I think there is no secret on my position on all of this.
I am for the construction of •a major, hopefully human, well -designed apartment
structure on the old Rambler site. I think most of the members of this commission
don't subscribe to that. It is just how we are going to go about doing it, is
where we are beginning to disagree. We all have to live with each other in this
town, I am not an Episcopalian, but I am pretty close to that, and I have to go
see the Bishop every once in a while and I run into to him all the time. These
are important segments of the community, not just the Bishop, but all of the
people that are his constituents. And we have to live with each other in this
town. You are never going to get everybody to agree on everything but I think
we should try. We are not at the last step. We are not hanging on that last knot
on the rope yet. We have a long way to go before that happens and therefore in
the interest of as much unity as possible, and I hate to see the project delayed
any longer just as much as you do. I don't think we can ram -rod this thing. We
shouldn't and I would therefore recommend that we put this off perhaps until next
month and hopefully you will be able to work out some of these differences,
Mr. Watson: Mr, Mayor what you say makes a lot of sense, and I subscribe
to that one -hundred percent. I want the Mayor and the Commission to realize that
we have subscribed to that and
Mayor Ferre; There is a difference of opinion on that,
Mr, Watson: No, here is the problem, We have changed and changed. The Planning
Department recommends the project now, The legal department is satisfied with the
covenant
26
MAR 251976
Mayor Ferre: Father Gibson ;:as some adjustments.
Mayor Ferre: And the Bishop and Mrs. Massey have some
Mr. Watson: If you will let, I think I could make my point. I understand
Canon Gibson has some reservations on this matter, because he is told one thing,
and I am told one thing, What I. would like to do is, T would like for you to ask
Mr. Acton whether or not that I have to ask for a variance because of the fact
as I understand it, there is some recommendations coming before the commission
which would eliminate the necessity for it. If that is the case, nobody wants
to ask for a variance that he doesn't have to ask for.
Rev. Gibson: But you see my understanding and my position was that you
get all of that together before you come hero. This is not the place to negotiate.
Mr. Watson: If 1 am told by one man Canon that I need a variance, and I
am told by the head of the department that I don't think I do, what do I do?
Rev. Gibson: Mr. Acton, we told you that you all better get together.
Mr. Acton: Yes, sir.
Rev. Gibson: That is ex.sctly where I. ace this morning.
Mr. Plummer: What is the answer.
Mr. Acton: We have met with Mr. Hullo's architect on numerous occasions.
Now what has not happened Commissioner Gibson, evidently, is that the plans as
revised have not beer. submitted to the Church. The plans as revised require a
----I am talking the plans as presently submitted, require a 10 ft. setback
from 15 and 16th Streets.
Mayor Ferre: Look, .tt is very simple. 'They are entitled to that George?
Mr. Acton: Right, -----
Mayor Ferre: Why not just put this on?
Rev, Gibson: Mr. Mayor let me make this final comment. It irritates me,
it disturbs me, it angers me, if I were not vehement about this we would have
gone on and dealt with it, and this never would have been brought out. I want
to say now, 1 move to postpone and you had better get together.
Mr. Plummer: I feel the man is entitled to an answer.
Mayor Ferre: Both of them are entitled to answers.
Mr. Plummer: As I understand it George, if I am not mistaken, he is asking
a simple question, is it possible with the new set of plans that are revised and
submitted to you, plus what the zoning Board and Planning Board is doing, is it
possible that he will not need a variance?
Mr. Acton: The answer is no, without modifications to the existing
definition of useable open space in the ordinance which refers to the R-5
and R-5A, you know, lower intensity type of residential development. IN any
case that definition will have to be revised by this commission to alleviate
any variance request.
Mr. Plummer; So what you are saying, if I can take that 3-minute dissertation
the answer is no.
Mr, Acton: That is right.
Rev. Gibson: That is correct. Along with the fact that what they will
be doing is getting a higher classification through a variance, that is what
that means, Mr. Mayor I am ready to vote.
Mr. Davis: May I clarify one tiding Mr. Mayor? Th1s matter cannot come
before the Zoning Board until the matter of the fee is resolved or paid,
Rev. Gibson: A11, -there are no free -riders around here.
27 MAR 2 51976
Mr. Plummer: Let's try to be fair. If he pays that fee and it is subsequently
changed by the Planning Board, his fee would be returned?
Mr. Davis: No, Jr.
Mr. Plummer: That is an inequity.
Mr. Davis: Here is what I am saying Commissioner Plummer, the proposal'
Mr. Acton was talking about was a change of the ordinance. As the ordinance
stands today, in order to build the building they propose, they would need
the variance. If the law were changed, the definition will revise, then he
would not need a variance.
Mr. Plummer: So what you are saying if I understand correctly, if he
were to wait, there would be no possibility of a fee.
Mr. Davis: That is correct.
Mr. Plummer: ---but if he wishes to push the subject prior to the Planning
Board's decision as it relates to the general over-all ordinances, then he
must pay a fee.
Mr. Davis: That is correct.
Mr. Plummer: I think he is intelligent enough to understand that.
Mr. Watson: Postponed to when?
Mr. Plummer: I think it is up to you Jack. If you want to push this matter
prior to the Planning Board taking action, you push it paying $15,000. If you
want to wait, until they have acted, and hopefully it won't be needed, to save
the $15,000. It is your decision.
Mr. Watson: May I ask when the Planning Staff will bring this up for the
Commission's consideration?
Mr. Davis: It is really up to Mr. Acton at this point.
Mayor Ferre: There is a motion and a second.
Mr. Plummer: I didn't hear the answer. A fair question to Mr. Acton, when
is this matter coming up?
Mr. Acton: We have an answer for that. The commission, if you recall,
deferred any action on the C-3D ordinance. As a part of that recommendation
to the commission it was also a recommendation as it pertains to useable open
space. This commission could take action on amending the definition secion of
the general provisions to modify it to fit high intensity development. What
I am saying is that could come back on the agenda for action at your next meeting.
I suggest Mr. Mayor you put it back on for hearing.
Mayor Ferre: April 8. Is that agreeable to everybody?
Mr. Plummer: Not to me. I am not going to butcher that total ordinance by
taking one section at a time.
Mr. Acton: No, we are talking about the definition section of the Zoning
ordinance which has effect.
The following motion was introduced by Commissioner Gibson who moved its
adoption:
MAR 251976
MOTION NO, 76 494
A MOTION TO DEFER UNTIL APRIL 8TH APPLICATION FOR REZONING
Or LOTS 12 THRU 160 BLK 1, NELSON VILLA & CARDEN OF EDEN
AMD# TOGETHER WITH UNPLATTED PROPERTY TO THE NORTH
Upon being seconded by Cottnnissioner 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.
PUBLIC
5' HEARING
EXTEND HOURS OF SALE OF ALCOHOLIC BE\/ERAGES 4 COP
DISCUSSION AND TEMPORARY DEFERRAL
Mayor Ferre: We are on the 10 o'clock agenda, item 7A on first reading
of a proposed ordinance extending the hours of sale of alcoholic beverages
by establishments known as 4 C.O.P. liquor bars and with the mention of that
Commissioner Plummer has to take a break.
Mr. Andrews: This is on first reading, the ordinance that you approved
in principle by motion for adjustment and it really affects only one day,
Sunday, you will see the chart in a moment, and time would run from 1 PM
to 1 AM instead of 1 PM to 7 PM as it now exists.
Mayor Ferre read the proposed ordinances. _
Mayor Ferre: This is basically what we approved at the last Commission
meeting in essence. Is there any discussion on the ordinances? I will recognize
the public later but at this point I want to recognize the commissionfor the
purposes of questions.
Mr. Lloyd: Are there any questions as to the construction of the ordinance?
I can tell you it does follow the mandade of the principle enunciated in your
motion with respect to what you decided the other day.
Mayor Ferre: Are there any questions?
Mr. Plummer: For clarification, what we in fact by virtue of this
paper before us today, the only change would be as it relates to Sunday evening.
We would be extending from 7 o'clock until 1 A.M. Is that correct?
Mayor Ferre: Ladies and gentlemen I want to tell you this is not a public
hearing on item 7A. WE have had a hearing on item 7A. This was amply discussed
and argued back and forth at the last commission meeting. I am telling you that
at that time, we passed a resolution and correct me if I am wrong.
Mr. Plummer: I am going to correct you by virtue of my statement into
the record, that I only offered that, so these people could come down and
know exactly what was to be said and had the right to voice their opinion.
Mayor Ferre: I stand corrected. This is the continuation then and we
have the ordinance before us. I thought the public hearing was on 7B. Nevertheless,
I was going to say even if it wasn't a public hearing, I was going to recognize
members of the public who wanted to be heard. Now, who would like to be heard
on this item, 7A? Sixteen?
Mr. Plummer: Mr. Mayor so the record is clear, this lady's right and
anyone else as spelled out in the Charter is 5 minutes, that is her right.
Mayor Ferre: As I recall I think that is what the newspapers are full
of all the time, of people saying my right is superior to yours. We are all
equal, but I am a little bit more equal than you are. That is the kind of
problem we having in Lebanon, and Africa.
Mr. David Phillips: I represent 6 ladies over here who are opposed to
29
MAR 2 51976
a,
any extension from the hours we tave now. In other words, we oppose
the extra 6 hours on Sunday ev,,ning principally because it seriously
interferer with our worship in Central Baptist Church.
Mr. Staples Pierce: I wan asked to come here by .he downtown Action
Cottunittee of the Greater Miami. Chamber of Commerce. As you are aware, the
Action Committee is in a very intense program to revitalize downtown Miami.
One of the problems that the reco3nire and I am ;pure you do also, is the
fact that there numerous people in thedowntown area who recognizes derelict
alcoholics. For this reason we feel chat anv•futere extension of the alcoholic
sales in downtown Miami would not ait.i in ary way, any person.except possibly
the proprietors of those establishmenea .rid we are hoping, true, the curtailment
of some of the facilities that ceder -ro h:::No alcoholics and hopefully through
'providing better locations for t.reatr.:ont these people. They will be transferred
to other areas. At any rate your downte,.riAction Committee is opposed to any
extension of any alcoholic hours in downtown Miami.
Mayor Ferre: That in the position c= : '':he sub -committee that you hear?
Mr. Pierce: It is the poor of she Committee itself.
Mayor Ferre: The Committee its=rl; , oefa, therefore the position of the
Chamber, just trying to get the record :>traight.
Mr. Pierce: I wouldn't want to say the Chamber voted on this as a governing
body, because the Action Committee i5,---------
Mayor Ferre: Since Metropolitan Doc. County does have the avilability
until 1 are you also going to go before Yetropolitan Dade County and ask them
to change their position, or are you just limiting your situation to the City
of Miami?
Mr. Pierce: We don't know that we can do anything about passed laws
extending laws in Dade County.
Mayor Ferre: Don't you think it is only fair that if you take a posture
in the City you take equal posture with Metro?
Mr. Pierce: That isn't our concern Mr. Mayor. OUr concern is the downtown
central business district. The rest of the county which we live in, we are
concerned about, but our specific concern of this Coinxnittee is the downtown.
Mayor Ferre: I don't mean to get into an argument with you about double
morality but I think it is only appropriate that if you take a certain posture
with this government, that you take a similar posture with the rest of the
government of this community.
Mr. Pierce: I agree with you.
Mr. Bob Bailey: My name is Bob Railey, I have a 4 COP license on 79th
Street and I am for the change' of the law because I think it is unfair to the
owners, like where I am on 79th Street, I had a restaurant and coctail lounge,
I have to close at 7 on Sunday night when people two blocks away to the municipalities
of El Portal to N. Bay Village and continue on.
Mayor Ferre: What is the name of .your restaurant?
Mr. Railey: Take -One Coctail lounge, I am also in the motion picture business.
I think it is time we tried to ne? th ',11r nes3m_n of Miami, make a livi.ng,too.
REv. Conrad Willard: Your eonor a.i.J :i.embers of the Commission, I am
pastor of Central Baptist Church In uown'toon Miami and I am reminded as several
of our major cities in America have been ' minded that civilizations do not die
with the rattle of machine gun fire `.-;tt to the silence of a night as historians
look back and see the crumbling of tl:e interior and of tha heart of a civilization
in a city. I would disagree with both you and Staples Pierce in saying there
should be equal consideration of County and downtown Miami, but because of what
obtains in downtown Miami, and picture of derelicts and alchoolics is not true
of the rest of the county. Wa havc a very particular problem there, and a very
r_-
,!
MAR 2 51976
peculiar problem in the City of Miami, that is not true of all of Dade County.
1 have been for the past 14 year trying to conduct as assitance setvice for
nlcohollco I►, the downtown area, some 15,000 men have gone through that tmission
where we provide clothing and food, and counseling to try to give them an
opportunity to take a bath and shave and clean up and start out fresh on
Monday, We have done this with the hope of trying to help rankind..tit the
process we have also I hope been helping the City of Miami to try to rehabilitate
itself. As we have taken steps in zoning and other matter to try to up -grand the
city of Miami it seems to me that it would be a definite step backward to try
_ to provide alcoholic beverage for men who cannot control their consumption of
this matter and deteriorate their body and minds and souls and in the process
reduce the qaulity of life within the City of Miami. I speak against this motion
and ordinance hoping that we would'not make any provision for an extenion of
alcoholic beverage to the people in downtown Miami.
Mrs. Rita Myers: I am Rita Myers, Saxon Park Lounge, 6201 N,E. 2nd
Avenue, Miami. T happen to concur with the gentleman from Take -one, that
people should not be allowed to just cross to the county line, which
is two blocks away. What I would like to ask the commission is a clear
definition of a 4 COP S license, because I am very foggy on it.
Mayor Ferro: Would somebody in the administration answer that?
Repeat your question please.
Mrs. Myers: I need a clear-cut designation of exactly what is a
4 COP S license.
Mr. Plummer: We are not discussing that.
Mr. Ferencik: This is a state license names and numbers, --are state
designations. The matter being considered at this point is a 4 COP, straight
liquor bar, a bar with a regular license, it doesn't have an exceptional license.
Those matter are dealt with in other sections of the ordinance. This is a
straight liquor bar, it has authorized consumption on premises, it is a
quota license, whatever else you want to call it, and the State has various
designations for these licenses. The issue there is a license where people
drink on premises.
Mrs. Myers: Please don't leave the podium sir, if I have a 4 COP S
license, the way I read it, T am allowed to be open until 1 o'clock, am
I right or wrong?
Mr. Ferencik: I would really have to get the State liquor laws and read
that particular section of the statute. I don't remember off -hand.
Mrs. Myers: I tried. I went to the beverage commission and they told
me I had best get, ---the law says I may be open till 1 on Sunday, that I
had best get a clarification before the commission, and that is why I am
here. I really thing,
Mr.' Andrews: Mr. Mayor and members of the Commission I suggest that
this lady write to the city administration specifically what her concern is,
if we cannot answer it administratively we will get the participation of the
City Attorney and we will supply you in writing an answer.
Mr. Arthur Landry: 1 manage a beer and wine bar that has a C 2 0.P.
license. Would we be included in this?
Mayor FErre: You are not involved in this.
Mr. Plummer: WE have already discussed that.
Mr. Tom Nesbitt: I represent the Bar Owners Association and I am
speaking in favor of this proposed ordinance. I feel it would put the City
of Miami bar owners in a favorable and equitable position, with relation
with the rest of the county. I want to make one more comment,that is on the
downtown derelicts, I think you will very rarely find one of them in a bar.
They buy their wine and beer in the small grocery store and liquor stores, not
in the bars.
Thank you.
r)
MAR Z 5 1976
Mr, Harold Davidson: { am Harold Davidson, I have been here before.
I don't recall having a settlement on 2 COP which you promised me the last time
I was here. Nothing was ever done on that.
Mr. Ferencik: That is been and wine on premies. That has already
been considered. There was no change.
Mr.Davidson: Why not, we were talking about an equitable situation.
Mr. Andrews: There was a public hearing in reference to that matter.
The Commission heard it, they acted on it atter the public hearing and there
was no change.
Mr. Davidson: I approached the Gomm_;.,,s cn several months ago, and the
Latin Chamber of Commerce got the 24 hour market opening, which is your big
problem is as far as the derelicts ciowetown. I was assured then by Mr. Plummer
and Rev. Gibson that something would be done first with the 2 COP but that has
been bypassed again, now the 4 COP here, c'e are entitled to that much consideration.
Mr. Plummer: To answer your ,uesfton, both Father Gibson and I assured you,
which we did, that we would address v,;u-, roblen individually at another time
which we did. After public hearing it was tte wisdon of this commission that
the hours would remain the same, bt.t we di& address your individual problem.
It was advertised in the paper and every here along the line.
Mr. Davidson: We still have the same problem. They can go to any market,
they can buy on Sunday morning, when I close at 7, they can go there, they
can go to all of these restaurants now or. Sunday and set in separate sections,
and don't have to buy anything to eat. Th.':.s is happening and still we have the
inequitable situation. We were assured hc.a: 2 CCP would be taken care of.
Mr. Plummer: There was never any assurance given to you by me, and I
think I speak for the rest of the commission, that something would be taken
care of. We guaranteed you your problem would be addressed individually and
it was. The wisdom of this commission was that we not make any change but we
did address your problem.
Mr. Davidson: Why did you discriminate, similar licenses, 4 COP and 2 COP,
except for the liquor, why did you discriminate?
Mr. Plummer.: WE can go back into that public hearing, if you want, but
we did discuss it, unfortunately you were not here, and as far as I am concerned
the matter is closed.
Mr. Davidson: 1 talked personally to the Reverend last week and he wanted
me to discuss it with him.
Mr. PLummer: Then you will have to speak to the Reverend.
Mr. Davidson: They can buy next door to me in the market, Sunday morning,
and when 1 close at 7 o'clock they go to any restaurant in the area.
Mayor Ferre: What is he talking about?
Mr. Plummer: He is talking about a beer and wine tavern which we addressed
at the second segment. We did nothing, we left it as is, after the hearing,
Mayor Ferre: You are talking about Sundays?
Mr. Davidson: Yes, basical ly ,------
Mayor Ferre: We left it from I ;n 7 PM what it is, We did not change that.
Mr. Davidson: The last time was here we said we were going to bring up
2 COP first, then 4 COP.
Mayor Ferre: We did and it went dowr: tee drain.
Mr. Davidson: You were trying to make everything the same as the County,
Mr. Davidson: Now you have it mote confused than ever, You have markets
on Sunday morning, markets on Sunday nights, restaurants can serve you, they
can leave my place and walk to a restaurant a drink on Sunday night without
eating.
Mayor Ferre: You can also buy firecrackers in Georgia and you can't buy
them in the State of Florida, but that is a different jurisdiction.
Mrs. Mary Dean McMath: My name is Mary Dean McMath, 3000 Jefferson Street
Coconut Grove. I was down here when you passed the law before for the beer and
wine and all 5 of you voted for it and you asked Dr. Willard why we didn't go
to the County commissioner. You represent us in the City.of Miami, not the county.
We are not interested about the County. We live and pay taxes in the City of Miami.
We do not like the situation about the bars about the whiskey and beer and wine etc.
because we live close to the Honey Bear, we live close to the E-Z Quick store and
all of these sell beer and wine at night, and they would lie over in the people's
yard, close by, which I don't live close by, but I agree with them because you
get the hang over all the way down. I agree with Dr. Willard that we should, in
the City of Miami do this. I am bitterly against law being changed, archaic or not,
as you said before. You said it was an archaic law.
Mayor Ferre: Archaic law, I believe that.
Mr'. McMath: Well I don't see, we are living in a modern time too.
Mayor Ferret 1'11 tell you, despite the fact I do believe that it is
an archaic law, we didn't change the law with regard to beer and wine in
bars as this gentleman is complaining about. You just heard from him a moment
ago.
Mr. Cy Shadroff: My name is Cy Shadroff, I represent verious bars. I want
to point out one thing. It is not as if you can't go to a bar and drink whiskey
after 7 at night on Sunday, you can go to a hotel, that is allowed to be open,
you can go to a restaurant that is allowed to be open, you can go to a private
club that is allowed to be open.
Mayor Ferre: Y0u can go to a private house, you can go to an alley with
a bottle in your pocket.
Mr. Shadroff: What you are talking about is extending the hours for a
limited, ---this whole thing started on a question of uniformity and the uniformity
first has to be achieved withing the city ordinance itself before you go outside
to attempt to achieve uniformity. If you didn't have drinking on Sunday period
it would be one thing, but you have got it, and you can go to a multitude of
places and one segment of the industry is being treated unfairly by having to
stay open from 1 to 7 and then closing. There is no rationale to it, to open
at one, and close at 7 o'clock when you can go to other places within or without
the City and still have a drink of whiskey.
Mr. Plummer: May I ask for a show of hands of the people who have presently
4 COP licenses that are here? call it 20 out of 170, so roughly 10% showed enough
interest to come down and voice their opinion.
Mr. Shadroff: I represent approximately 65 bar owners, and over a period
of 4 years we have been down here approxiamtely 20 times and people are plain
disgusted. They say it is no use, we are not coming because they are not going to
do anything. They have gotten the run around, they sent us to the county, they
sent us to the Metro Planning Board, we have gone all over the place and nothing
has ever been done.
(inaudible remarks)
Mr, Plummer: Ma'am, can I tell you something, if I was in your position,
and I had a 4 COP and I thought there was an inequity, I am not going to send
anybody else to do my work, as disgusted as I might be, if there is a chance,
I would he here. That is what I an: telling you.
Rev. Willard: 1 would like to add one word, your honor, we were speaking
or representation, there are four thousand members of Central Baptist church
and several of these bars are located very near the church, we have a real
3:
MAR 251976
security problem at the church, we had to a fence around it. We had
to come to the Chief of Police o get: added security because of this problem
and I didn't know we were getting into a matter of representation.
Mayor Ferre: No, we are not.
Rev. Willard: I think everyone sIceie '"e treated fairly. I am speaking
to the keeping of downtown Miami and the: i:'.c', of Miami. at the highest possible
level.
Mayor. Ferre: Reverend, Comm. r.eas ;ust_ making a point. There are
people here who will agree with aim, pee +..,._ _ ere those who will not agree
with him. That is everybody's right.
Mr.i;lli.s Chisolm: Mr. Mayor m; i.. _..,_ :i .is Chi.aiom I have been
a resident since 1940 with the e.t.c•c:pcn w, fc:w months. I have an important
message from the Commander of the Say•:a_,o ,r,ry, Major Freeson, which he gave
it to me this morning. Every citizen 7 3t%te of Florida, especially the
Miami area should have this in:CoraeL .c?.. :,lc;u:_t, li'ee to ask if I could have
this courtesy, that no City Commission :.,.. ",d receive telephone calls while
I am giving you these facts which are true .a.cts. I am delighted to see
Senator Cain who just came in.
Mayor Ferre:Mr. Chisolm you have a..- c:', magic word. And now I have
to interrupt you for a moment for wo '.,.:L-, c: z. ccur`::esy around here, whenever
the member of another governing ed r, ::..:c the zoom, we interrupt our
proceedings. It is a long standing courzes_ end I woulti like the distinguished
Senator Cain if there is anything you wou1C like to take up.
6, PERSONAL APPEARANCE
P R E SNA7! Ors FROM GOODWILL INDUSTRIES
ORL,' G + 5OWi POLYTURF DISPOSAL
Senator Cain: I would ? ke,, if .. may ,;.<.y co you, the Commission, to
Mr. Andrews, Mr. Lloyd and the_lovely lee".7, and everybody else, that in
the recent past the City of Miami has been very thoughtful and helpful
to the Goodwill Industries of S. Flol-Idn. T have one paragraph if I may read it.
It is not a big paragraph. I wart to provide these fine people with information_
they otherwise might not have. The entire Orange Bowl polyturf surface, 93,000
sq. feet have been removed by the Goodwill rduseries because of your thoughtfulne'_
under contract with the City of Miami. Lecase this unique project was successfully
accomplished, Goodwill has received in`measueebie value from related publicity
about six thousand dollars in sales revenue to date, and may yet become involved
in manufacturing novelty polyturf souve..ies to national promotional issues.
That means that Zonka, Warfie.lc and Hicks will be in the bathrooms of citizens
from coast to coast. Now make of that whet you will.
Mayor Ferre; On behalf of the city of 111e.mi I accept this, and thank
the distinguished Senator Cain for and thank you for being here.
Senator Cain: This has been a great business you know. The unemployed,
handicapped, they were the ones who did this T.work. One other thing and I
am through. A city, a county give$enurne-a le citations, proclamations, plaques,
this is one of the few occasions when mast an ordinary simple group of citizens
gives something by way of affection and respect to the City that made our
success possible.
Thank you very much.
Mayor Ferre: Miami and Dade C:Ju•.-.C'y' no more distinguished public
servant than Harry Cain and we are. `'U;:unate to have a man like that
no only interested but dedieated t- th k„: f are of this community.
Mr, Plummer: Let me put on the r ors, '.e••nause I would be derelict if
I didn't, Senator Cain I Want you co :.no.i that I originally brought that up,
But I want the sponsor who broeenr ary %: enticn to be noted for the record
and that was Senator Ralph Poston, and want the record to show that it was
Senator Poston who brought thee to Our :ttc: ior..
MAR 2 51976
me following motion was introduced by Commissioner Flutter who
moved i:.; adoption:
MOTION NO. 76-295
A MOTION OF APPRECIATION TO SENATOR RALPH POSTON FOR HIS
SUGGESTION TO ALLOW GOODWILL INDUSTRIES TO DISPOSE OF THE
ORANGE BOWL POLYTURF
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.
PUBLIC
HEARING
EXTEND HOURS OF SALE OF ALCOHOLIC BEVERAGES 4 COP
DEFERRED AFTER .LONG DISCUSSION AND MAYORS APPOINTMENT
OF A COMMITTEE TO STUDY AND RECOMMEND AT FUTURE TIME
Mayor Ferre: Now, Mr. Chisolm, I apologize for the interruption. I am
sure you understand. You still have your 5 minutes.
Mr. Chisolm: Thank you. I feel Mr. Mayor that there is never a more
opportune time for you, and the City Commissioners to act in the interest
of the citizens of this county and help set an example. This message I have
from the Commander of the Salvation Army, Major Freeson, of this district, told
me this morning that the Chaplain of our Florida Raiford prison told him that
90% on the inmates in Raiford. the crimes that they committed that liquor,was
involved in the crimes when they committed them, that got them in Raiford. Now,
most all of you know I am sure the judges are having to give serious criminals
probation because there is no place to put them in our prisons. Also, they
turn serious criminals out of Raiford, no place to put them, and 90% of them
are there because of liquor. How can any person that is a true American, a
consecrated devoted American, that calls himself a chistian or a good citizen,
a patriotic, how can he uphold this liquor business that is sending hundreds of
thousands of people into our institutions, hospitals and into the grave, how can
we face God on the judgment day knowing that we havn't done all we can to fight
what is the No. 1 emeny of mankind, the liquor business. How can we? I'll be
67 tomorrow. I am interested in the judgement day of the Lord. I want Him to
be able to tell me I have done the best I can. How about you? All you citizens?
That is what is important to us, what are we doing for our children, our grand-
children, what are we doing to fulfill the great desires of our mothers and fathers,
all of our ancestors, some of them are in heaven right now praying for us, looking
to us to help lead this wicked nation to run politicians and all the things
we are fighting today, how could any person not their best with all the things
that are around us today. I must tell you this. You remember the late Jack Bell,
the Town Crier for the Miami Herald, a wonderful person who I admired many years,
in one of his columns he had sat before Judge Cecil Curry, the honorable City
Judge of Miamifor over 20 years, and Cecil Curry in the presence of Jack Bell
told his court, now understand he had been there over 20 years at that time, he
said 90% of the trouble that comes before this court is caused by the liquor
business and Jack Bell says that every single case that became Judge Curry
that day he sat there was caused by the liquor business except one boy had
stole a three dollar T shirt, was caused by the liquor business. Judge Curry
said this, no wonder, he says 20 years before that, he says that there was only
six percent of the cases that come before his court was caused by the liquor business
six percent, but he says no wonder, that was 1951 Judge Curry said this. He says
no wonder with three thousand places in this county that sells alcoholic beverages
they can get it any where they want to. Now, I urge you gentlemen to search your
heart before the Lord, and lady, and vote no, and be an example and clear your
conscience before the Lord and all tt:e citizens and show you are ready to fight
this corruption I urge you and thank you for your attention.
Mayor Ferre: Thank you Mr. Chisolm.
MAR 2 51976
Mrs. Frances Maloney: I em Mra. ci!'; ,`-z oney, I live at 1029 N.W. 3rd
Street, I attended none nt your meettoe.o ead I am sorry 1 didn't get here when
you had the other things come up. i had n v: , y ill husband. Last Tuesday at
12 o'clock, in the middle of the day, ,.e eet home tc oe with the Lord. Saturday
I buried him. Yesterday 1 saw thi_ . .3r;. i c i=_ T: the caner, so I am here today
because I want to say this. Over 40 years ;ge before knew anything about the
alcohol le business, my mother. was h :FT do`:. ehe had had a drunken father who
beat her brothers mostly to death every ...:o he ot- drunk, and my mother didn't
have any liquor in her houoe, but i :-:.e eae T.-h.o was an alcoholic, they were
drunkards, now they call them :i1:,_ .` very careful that we are polite
about the word. I thought 1 could .aee n and down through years I have tried
in every way 1 can, and when that man •:«::;:. s life, because of alcohol, I wrote
to his mother. She was 80 at that timewas coot o Pennsylvania, up on the
mountain picking blue berries when thin 1.� 1; _- came. She said my dear, I want to
thank you for being so good to my sur Jfti. de wasn't bad, he was just weak. But
I wish you would write to me and 1. w e :about him. I have got involved in
;' ; ,u` .
a little mission like Rev. Willard t , here . and remember the other
mission downtown that is helping; h m:La, the mother wrote to me and when
another letter came out to the rncr:±: T got down on my knees, and I
said now Cod, 1 don' t: know a thing to 1 Cio know this , that I am going
down off this mountain and I am gciug h„r2 ;inc, if I can ever keep one other
mother from writing this ki:.;d of leaner, rill be worth it in my life. I
have tried, 1. have given my time, is -a` ve.n I.. -tow there was such an organization'r'
as the Woman's Christian Temperance de; )e, ;llt when 1 got home one of my neighbors
said to me, let's go to a meeting :jmwo w ::Tt to the meeting and when we got there
a little lady opened the door, e o ''a are all supposed to be old ladies, well
we are because we live a long tttne, w;? don': drink any liquor and so when they
opened the door, they said no this isn't the garden club this is the WCTU. They
said come on in. But what are you. We arc. _no group that try to help keep people
from destroying their lives throu0 alcohol problem. And sirs, ladies and gentlemen,
boys and girls, I went in there and tier cay I went the president, never heard of
it. I didn't need to know. All i neeCea :o It;±ow was that I had made a decision
that I would dedicate my life and I have t-t ed. Oh, I have had some, I had a
sister who a memeber of Alcoholics Ahonymou . I took her to every meeting, I
tried to help her. She was beautiful ust ::c these young women who are in
these louges. You don't become an alcoholic in a day. You don't become an'
alcoholic or drunkard maybe in 12 years, but you will eventually get there.
Whenever you talk about social drinking, you get there. I go downtown on the
streets of Miami and I see a young fellow and his bottle of wine, and as I
watch him he takes a drink, and as he drinks, he vomits and he takes another
drink and he vomits. If the liquor people had to add to their advertisement
that they have inthe paper, the results of what alcohol does, then you would
know that it is what lays in the gutter. You know it isn't the ones that lay
in the gutter that are the terrible one. Lc is the ones right along here, over
here, maybe here. Now you say I am getting personal. I am going to get personal.
You are the responsible people that we of the city of Miami are to look up to.
We talk about responsible drinking, we talk that we can drink responsibly because
it is the fellow who is in the gutter who doesn't have any will power. Oh, no
Marty Mann who heads the Alcoholic Anonymous, you know what she says. She says
the third day that Mr Gibson who wear:; the same th'..ng to the meeting, he is
probably an alholic because he forgor. to change it because he drinks too much.
Now, when I saw this article, aitd when I read what it said here, they are going
to have meeting and at this meeting they ere going to decide that people can't
wait until, ---they don't like to eat their dinner after 7 o'clock, they want
to eat their dinner after 7 o'clock because they want to drink at 11. I would
like to see the hands of the people Lc. this place that go to dinner at 12 and
1 o'clock at night. Just let me =—;e , how many of you? Cood, because you probably
work in the lounge and that is whe•: e oo. are going. For you people, we ordinary
christians, we people who go to .chu:ct,, anc1 even the people who don't go to church,
we eat our dinners and we do rot eat cur liquors. .1 know I am getting real excited
here,
Mayor Ferre: Before you }r� tor :r:tet-1, let me ask you, since your 5
i.` ' p
minutes are up, how much longer do y ,u 7:: ;:c-� speak?
Mrs. Maloney: Just two or there r.:c;re ;,'pond I wonder if the people
are here, 1 am talkies; to the ones w`:------bc;~hose T' like you people who have
bars, you are in business, that is eour beain:ss to be in that business. I would
like to see you different, and think c;t_ can be different, and there is only
way: Not what r am saying to you, but there is the Lord Jesus Christ that
can clean up, and I think you saw the evidence of the clean-up right here
this morning. Now, they tell me, that San Francisco, on skid -row, that most
of the men and women who are there, were doctors, lawyers, teachers, ministers,
they didn't start out that way, and they are ending up different. I told you
I buried my. husband last Tuesday. There were no tears, because you know, just
that dedication came back so strong to me, that I am going to fight this
thing with everything I can, and when the undertaker, and Mr. Plummer is
It undertaker, when the undertaker spoke to me, he said Mrs. Maloney, I want
to tell you something. We see very few people who are laying in their casket
who have a smile on their face because they just met the Lord. Have you ever
noticed that? Ne.sai.d, you know, you can camouflage, you can make the person
look beautiful, you can decorate them up, but when a man closes his eyes in
death, and goes to be with the Lord, and has a smile on his face because he
is glad he is there, friends, as I stood by that casket, now the first thing
1. am going to do, is I am going out and do something, and I saw it here. Now,
this is a silly thing. That is what I am trying to tell you. You shouldn't even
be thinking about it. This is a silly thing. All you have to do is say no, it
is so silly it is disgusting.
Mayor FErre: Are there any other speakers this morning? Ladies and gentlemen
I think that we all have our opinions on these items, so of us are a little
stronger in our opinion than others. So of us feel this very deeply, others
look at it with a different perspective. It is an old American saying, it
all depands whose ox is being gored. It is rather unfortunate that that is
the way life is, and that is the way things happen, not only in our country
but all over the world.It all depends who is affected. Some of you talked about
the question of extending liquor licenses was similar and would have very
serious i.mpace on the morality and moral structure of the community. I would
like to ask, quietly, I don't want any answers, just ask yourselves. Do you
feel the same way about gun control. For example, there are people who are
against gun control. And the type of arguments that are used are that if you
eliminate a gun, or the sale of guns, the is not going to eliminate the criminal
from using the gun. Isn't that true? And that is the argument that is used by
those, --one of the arguments, that are against gun control. If a man wants to
be a criminal he is going to find a gun and is going to use it, and I happen
to be for gun control. I stand on the other side of the issue for many other
reasons, but I can't deny the logic of that argument. I can't deny the logic
of the argument that if a person wants to be a felon and wants to commit a
crime, that he can find a gun, and it is certainly unfair to tell people in
City of Miami they can't huy guns, so they go across line and buy a gun in
Broward county and you can say the same thing about the State line and therefore
it really is a national problem. We either solve it nationally or we don't
solve it nationally. But you can take that same argument and apply it to liquor.
The fact that liquor is availableata bar or isn't available at a bar, is not going
to prevent the person who is an alcoholic from getting a bottle of liquor and drink-
ing in an alley. The same argument you use for gun control can also be used for
liquor control, and as a matter of fact, I wasn't around then, we tried that,
and it was called prohibition and it didn't work, and at that time there good
strong arguments, the Tenperance Union is not new on the scene. You may have
joined it in your lifetime, but the Temperance Union has been around for a
long time, just like the Baptist church has been around for a long time, just
like the Methodist church, or the Catholic church, and the Jewish religion,
all different religious outlooks have different viewpoints. But there is one
thing that I think we allkind of agree on, to some degree, and that is, that
you can't legislate morality. You really can't. You can't make a law to tell
somebody he can't use a gun. I'll tell you one thing where I would agree,
and disagree with my good friend Kenny Myers and that law that was passed by
the legislature of Florida in its wisdom, which said that being an alcoholic
was no longer a crime. I think that was wrong. I think our police department
is paying hell for it, and we are going through a lot of havoc because of that
type of legislation. So in effect, there is some kind of relationship on this
morality in the laws that we pass. I think you can argue both sides and I don't
think we really need, -----I think we have heard all the arguments, for and against,
and I think we all know how we feel on this. There is a just a question of voting
your conviction. We are never going to agree, but we live in a democracy and the
please forgive me for taking your time. I lust want to share two minutes, I just
came back from South America, I was in Venezuela for a few days, Thursday night
I listened to television, and I heard the president of that country give a welcoming
1114111111111111 __I __ I I.__
MAR 251976
speech to Marshall Tito, the dictator of Yugoslavia, and it really turned
my stomach. Here this man was calling Tito a hero because he had withstood
the Nazi, and for that of course he was a hero, but here is one of the
worst tyrants in the history of the century, a man, where there is no freedom
of speech. Right now there are clergymen, prominent writers and poets that are
in jail for no other reason than just because they got up and gave their opinion,
and their opinion was contrary to the official opinion of. Marshall Tito. Forget
the argument of whether it is a leftist. or a right government. It just bugs me,
when the press in this country, for example, when they are writing about the
government of Franco, the call it the 'r.yncc> Regime and then when they talk
about Marshall Tito, it is the govern"-ent.of Marshall Tito. It is like it bugs
me when L read in the press, the Germ: farmer, and they talk about the French
peasant. Well you tell me what the difference is. If it is wrong, it is wrong.
The point of all of this simply is this, we happen to live, thank God, and I
thank God every single day, that I live :n a country where people can express
their opinion even if it doesn't agree with the majority. And thank God this
is a country where Jimmy Carter can express his opinion, and George Wallace
can express his opinion, and a Morris can express the opposite opinion,
and where we have Catholics and .Jews,='rotestants and atheists living together,
--I happen to think there is noting wror.; with reading a prayer in a school,
but a lot of people don't agree wwti) :hat, and somehow we live under the law
of the land, and the Supreme Court nas ruled and we abide by that, and that is
the kind of country we what I am trying to say is we live in a democracy,
and in a democracy, this city is a :nicro:osm of that democratic structure, there-
fore we have to vote our conviction. We have to try to vote the will of the
people we represent. We also have to try eo vote our moral conviction of what
we think is right or wrong, and that is mat we are about.
Mr. Ellis Chisolm: Mr. Mayor could I answer one question that I say
is incorrect completely, and REv. Gibson, car you please cut if off just
a minute, I want you to get, this please sir. i have admired Rev. Gibson for
20 some odd years, and I am proud he is sitting there and representing his
good people. Here is what I disagree wit» you on Mayor. This is true, everyone
of you please weight this in your minds and your hearts. The Mayor says there
is no difference in gun control which % heartily agree that we should have gun
control over the criminals; where they couldn't get them, but I believe in letting
all the good people have their guns. He says there is difference in that and control
of liquor. I used to drink heavily, Mr. Mayor please listen to this. I used to
drink heavily as a young man. I got in all kinds of trouble. Serious trouble.
I finally decided it was so stupid for me to keep drinking, so I quit. I have
never been able, I have given years of study to the liquor business and its harm,
I have never been able to find one reason in the world, and you can't either, why
that people should be able to buy liquor and particular, criminals and our young
folks and our 18 year olds, why they should be allowed to buy liquor. But there
is reason why we should be able to carry guns to protect our families.
Mayor Ferre: Thank you for your comments. What is the will of the commission.
0n the ordinance as read, this is a motion that was passed at the previous
commission meeting and this is the ordinance that was drafted subsequent to that,
as I recall, the thrust of it, is that, en Sundays the closing has been extended
from, instead of from 1 1'M to 7 PM it now it would be from 1 PM to 1 AM. In
beer and wine bars, we left it 1 PM t:u 7 PM, we didn't change it. I guess the
reason was we got into all these arguments and there were so many contrary opinions,
that we decided to leave it the way it was. There is another argument which I think
I think Rev. Willard had a very valid point, and that is, I really hadn't
thought of it, I think you are right, there is a distinction between the downtown
Miami area and the problem that we have, which unfortunately is affect by all of
this. There is also on the other side of the fence, the argument that why should
a person who has a bar across the street from the county, be discriminated on.
Why should he have to close at 7 when the person across the street can open till
1:00. Both arguments have validity.
Mrs, Gordon: All these hearings started out on a basis of equalizing but
it appears to me it is only equali2in ahe.r: it is extending but not diminishing
the number of hours. As far as I am concerned, I think we should abandon any more
hearings and just stay as we have hen and stop wasting a lot of people's time
and our own.
Mayor Ferre: The thing is there: are some injustices. Take the hotel and
hotels, why should somebody in a private club, let give you one example, al. they
MAR 251975
have to do is get a license, and form a private club. I'll give you a perfect
example: righthere in Coconut Grove. A block over this way, there is the Mutiny
that is A restaurant just like any other restaurant. I am not blaming those people
because tbey used their intelligence to live within the law and as Reverend said,
or somebody said, this is an end run, like Bishop Duncan said, I feel there is
an end -run going on here. Let met tell you what that end -run was. They are a
restaurant, here is what they did, they said we are •going to become a private
club, now they charge x number of dollars for people to go in there. They can
stay. open till 3 A.M. They can open on Sundays at 1 PM and stay open till 3 AM
in the City of Miami today. ON Saturdays they can stay open till 4 A.M. There
is another place right down here and the owner is in the room, it is called
the Coconut Grove Hotel, he can do the same thing, he can say I am a club, I
charge $5.00 to be a club, then he can stay open those hours. But he chose not
to do that, because that really is a violation, not of the law, but of the intent
of the law.
T am not going to recognize you Mr. , that is the next item,
7-B hut in that particular case, why should he be penalized because he is following
the law, so he is a hotel, and he has to close down at 1 A.M. on Sunday and
a block away this guy stays open till 3 A.M. That some of the things we are trying
to address. So I don't think we can completely abandon this whole series of
things but on the other hand I really feel that if we didn't change the law
for beer and wine bars, I. am beginning to wonder why we should change it for
restaurant, liquor bar, and COP. We didn't change the beer and wine bar, we
didn't change that?
Mr. Andrews: Mr. Mayor the boxes listed in green are those actions you
have already adopted . The one that is being considered today is the one,
Mayor Ferre: We have made some changes, Mr. Andrews, we made an adjustment
In beer and wine groveries. We changed that from what to what?
Mr. Ferencik:They can he open 24 hours.
Mayor Ferre: So we have already made some chnages. Beer and wine in
harm, COP did we change that one?
Mr. Andrews: NO change in that one.
Mayor Ferre: Liquor, package, N.C.O.P. Have we changed that?
Mr. Andrews: Extension of two hours. Point to it Mr. Ferencik, 7 A.M. to
10 P.M. instead of 8 P.M.
Mayor Ferre: That is during the week, on Sunday no sales. The point is
this, that all we are really addressing at this point, is Sundays. Right now
on Sunday you can start selling liquor at a bar at 1 P.M. and you go to 7 P.M.
What we are doing, we are trying to say instead of 7 you can close down at 1 A.M.
hut that Is not equalizing with Metro, because Metro has 5 P.M. to 1 A.M.
Mr. Forenr.ik: To further compound that they can also sell beer in the
morning from 10 A.M. to 5 P.M.
Mrs. Rita Stone: My name is Rita Stone, and I have two 4 COP licenses in
the City of Miami. We gathered here today to hear one thing, the extension of
our hours on Sunday from 1 to 1. We have gotten off on a million tangents, one
being a social problem. I agree. We have a bar downtown and I would like the
people from the church to know the 3 bars downtown have closed up because of
bad business. Now whether they can get,more bars are outside the downtown area,
---than in the city, why penalize people that are in Coconut Grove or another
area because of Handful of bars that are in the downtown City limits, mine being
one of them. Three bars just recently have gone out of business in downtown.
Mayor FErre: I am sure they won't be upset about that.
Mrs. Stone: I don't want the derelicts in my place, but the thing is we
have to equalize it as far as the business is concerned. We have lost sight
that we are business, it is a legal business, and people that are against liquor
are just going to have to face up to it. It is legal. We are in business to make
money to pay your taxes, to help with the bonds and everything else, We are not
shirking our duty. The people in the liquor business pay a higher percent of taxes
39
MAR 2 51976
for the City, the state and the government. Everything we do is taxed.
Just a second lady, you have had your turn. Now, I at going to have thine.
I am sorry, if you had a problem with alcohol in your family, that is your
problem. Alcoholics have a lot of places to go, the City wants to help,
and t want to help. I don't want anybody to give up their life for a dollar
profit. Life is too valuable to me and my family. We have been struck with
alcoholism too, but we are trying to do something about it. We ate a'business
and deserve the right to be competitive. A man across the street can sell it
till 1:00 why can't we? It is getting to be ridiculous. For 30 years we have
heard the same argument. Well, come back next year. Dangle the little toy in
front of us again. We don't want the problems. The people in the business dont
even want alcoholism. We just rant to he equal with our competitors.
Mayor Ferre:This is going beyond that. This isn't making it equal. If
you want to make it equal as Rose Gordon pointed out, it will be open from
5 P.M. to 1 A.M. We are not doing that.
Mrs. Stone: But they can open at 10 in the morning to sell beer. They
can sell beer from 10 to 5 and then liquor from 5 to 7.
Mayor Ferre: That would be equal.
Mrs. Stone: I know personally what I want and I think I can speak for
most people. We want 1 to 1 on Sunday.
Mayor Ferre; That isn't equal.
Mrs. Stone: Maybe it will be equal in our minds, then we have to reverse
the whole thing . Let's go to Metro, let's go to the State. Nothing is ever
going to he equal, but this is fairer. We have been playing with this for 30 years.
Let's state with 1 to 1 and maybe in time bring it up, or bring Metro down. I
don't know. We can't solve everything.
Mayor Ferre: I wish I had the wisdom of Solomon, but I don't
Mrs. Stone: The thing is, I know the liquor dealers in the City of
Miami with n 4 COP license will gladly accept the 1 to 7, abide by the rules
and we will be happy for the first time in 30 years, and stop playing.
Mayor Ferre: You didn't mean to say that. You said you would be happy
with 1 to 7.
Mrs. Stone:I am sorry, I mean 1 to 1.
Mayor Ferre: That isn't equal to what Metro has.
Mrs. Stone: Look, Ican't solve the problems either, Mr. Mayor be we can
try and let's start by 1 to 1. We will come back next year with another proposition.
Let's get 1 to 1 finally. It will make a lot of people happy. We will be off your
back. You can go on to bigger and better things.
Mayor Ferre: There is some discussion going on with the legal department
about another possibility, and that is, we could district within our own city,
and at least reduce the problem to that extent, but then you are going to get
the arguments. If you say we are going to create a separate district for downtown,
first of all you have to define what downtown is.
Mrs. Gordon:Then you have to say which side of the street.
Mayor Ferre: Then you are going to have argument for one person, who is
going to come here and say, you are drawing a line, and my side can't open and
the other side can.
MRs, Stone: We came here for one thing, 1 to 1 on Sunday. Let's vote,
let the liquor owners go out happy for once.
Mayor Ferre: I am not interested in making the liquor owners happy,
Mre. Stone; It will be fairer.
40 MAR 2 51976
Mayor Ferret I am trying to do what is right for the City.
Mrs. Stone: Do you think it very fait for the City to allow people
to walk Into a convenience Store 24 hours a day and buy beet and wine/
That bothers me.
Mayor Ferre: I dont' think it is right, but I happen to think that all
these laws are obsolete. But that is not the point. The point is this. I don't
know whether we can correct one wrong by making another thing wrong.
Mrs. Stone: Just six weeks ago, you did a wrong by allowing people to
go into a convenience store 24 hours a day and buy beer and wine, when if
they are caught by the beverage department, so what, they are still in business.
If we violate the law we can lose our license.
Thank you.
Mayor Ferre: We have to decide one way or the other, and I think we have
heard all the arguments and it is a tough decision, but we have to make that
decision. Does the commission want to leave it as it is, or does it want to
make the extension as we voted on previously?
Mrs. Gordon: Mr. Mayor since the
wouldn't we have to take an action to
Mr. Plummer: No. I made it very
any way shape or form, it was merely
if we wanted it.
last action was an action affirmative
repeal that action?
clear Rose, that was not a vote in
to have it today for first reading
Mr. Lloyd: I have it here if you wish me to read it. All it was
was a motion to instruct me to prepare and submit to the Commission for your
action wherever you wanted to do an ordinance. Then have a public hearing.
Mrs. Gordon: I move we retain the hours as is.
Mayor Ferre: There is a motion to retain the hours as they presently
are.
Mr. Plummer: Basically that is no motion.
Mayor Ferre: She has a right to make a motion.
Mrs. Gordon: I am not anxious to make a motion for the sake of making
a motion, but I am simply anxious to get something on the table, so we can
move ahead. So, if somebody else wants to do something else, go ahead.
Mayor Ferre: That is what I have been asking for, and I commend you it.
Mr. Andrews: Mr. Mayor maybe what you should do, if I may suggest,
is call the question on the ordinance, if you get no response, you need
not take any additional action.
Mayor Ferre: I recognize your motion. The motion is no action be taken
and the matter be left as is.
Mrs. Gordon: There is more to this ordinance as presented to us than
just that. I withdraw the motion, referring to this, it is improper as far
as I am concerned. We are dealing with liquor bar COP now, and move that it
remain as is, there be no action taken.
Mayor Ferre: The motion is there be no action taken on the matter before
at the present time. Is there a second?
Mr. Plummer: I second the motion.
Mayor Ferre: Is there further discussion. Call the roll.
Mr. Southern, City Clerk: Mr. Reboso,
Mr. Reboso: I vote no with the motion, I think Miami is an international
city and I am for increase of the time.
MAR 2 51976
Reverend Gibson: No.
Mrt. Gordon: Yes.
Mr. Plummer: I really don't want to take the privilege away from the
Mayor.
Mayor Ferre: You don't have to. You have it in your hands. We all have to
live with our own conscience, You vote your conviction.
Mr. Plummer: There is nothing that precludes my seconding the motion
and voting against.
Unidentified person: Correct.
Mr. Plummer: I vote no.
Mayor Ferre: There are 3 noes and . yes on the motion, which means the
motion is dead. But I have to vote. Let me sae if I can think out loud before
I vote. I am torn between, not the emotional but the factual arguments that
we turned down beer, wine and bars COP, from changing, from 1 PM to 7 PM.
That is consumed on premises, that is a bar that has the right to sell beer
and wine and now, we are going to let the hard liquor bars, to do what we
didn't allow the beer and wine people to do, which is wrong, because there
really isn't that much difference between: one and the other. On the other
hand, there is a problem between private clubs and hotels which I also think
is wrong. We have to equalize on that. Can •we reopen the beer and wine bar
COP situation?
Mr. Plummer: Anytime you want.
Mr. Andrews: YOu would have to gc through another public hearing process.
Mayor Ferre: I will te11 you how I feel. I would vote for this, I am
going to come to the conclusion but for a different reason. I am for, in
my opinion, trying to equalize. I think everybody should have the same right.
1 think it is wrong to give these people and deny it to the beer and wine people.
So I think if we open that and make this the same, then I would vote for that,
but I think it is wrong at this point, so I am going to vote with the motion,
and I want to explain my vote. The thing passes anyway, I am not voting with the
motion because I want it to stay the same, but because I feel it is wrong to 00
give these people something we are not going to give the beer and wine people,
and I think they should have the same thing, and after this is all over, I am
going to make a motion, if nobody else does, that the other matter be reopened
so that whatever is finally decided here, the same thing should be done for
the other people.
Mr. Plummer: That is the reason I voted no against the motion. There
is an inequity.
Mayor Ferre: So I guess what I am saying I really have to vote no to
vote my conviction. Okay, so I vote no. For me to be consistent, I have to
vote no, for this reason, that I think whatever wo do here, we have to do
with the other one.
Mrs. Gordon: We didn't do it on the other one, and we are not doing
anything here.
Mayor Ferre: Oh, that is right.
Mrs. Gordon: Your intent to be consistent would be to vote yes.
Mayor Ferre: You are absolutely right Rose, I stand corrected again.
That is twice I have been corrected in the last two minutes. For me to be
consistent with my previous vote, I would vote yes, so I vote 'yes',
Mr. Plummer: Now, what you are going to do, as I understand is make
a motion that we reconsider the beer and wine.
Mayor Ferre: No, what I said I wanted to vote consistently and to be
42 MAR 2 5 1976
consi.Mtent, at that time t vote to leave it the saite, eo you are teehnicaliy
tight.
Mr. Plummer: Okay, then I'll make a motion. Imake a motion Mr. Mayor
that we instruct the Attorney to make our law as it pertains to the item we
are presently discussing, uniform with that of Dade County,
Mayor Ferret What you are saying is, beer up until 5 then liquor from
5 to 1. Beer and wine, I guess.
Mr. Plummer: Correct.
Mrs. Gordont---call for another public hearing, or is this part of this
public hearing?
Mr. Plummer: Any way you want to do it. I have fought as a member of
this commission for years for uniformity, and I still stand on that. As the'
Mayor said, if it is good for the goose, it is good for the gander. Very obviously
we are not going to get Metropolitan Dade county to reduce their hours. The state-
ment of Mr.•Ray Goode when we asked them to join with us to come up to some uniform
hours was simply, if you want to be uniform, match what we've got. That was his
answer to uniformity. Okay? For me to be consistent in my vote, and fighting for
the past three years for uniformity, I have to offer such a motion to be uniform.
If it doesn't get a second, or dies, I still want to be consistent.
Mayor Ferre: Ladies and gentlemen, there is a motion on the floor, the
motion is that in the item before which is called liquor bar COP that we
become completely, I imagine you are talking in all categories, equal to
Metropolitan Dade County, if we do that Mr. Plummer, in my opinion you would
be, ---following your logic, obligated to do the sang thing in the other categories
which we have already voted on.
Mrs. Gordon: In some, it would be rolling back.
Mr. Plummer: I am totally opposed, as an individual to selling beer
wine or any alcohol on Sunday morning. I am totally opposed to it, but
Mr. Mayor and Mrs. Gordon, if we are ever going to establish any uniformity
we have to have a base, --I cannot go for selling anything on Sunday morning.
I am going to withdraw it.
Mayor Ferre: The problem is, any way you slice it you lose.
Mr. Plummer: I withdraw the motion.
Mayor Ferre: We all have contridictions in our feelings and the problem
is we want to be uniform but on the other hand if you look at what uniform
means, that brings more problems than what we are trying to solve. So the only
way to really go about this, intelligently is, and this is why we are doing it
the way we are doing it, is taking one category at a time and let it stand on
its own merit. Also we are going to try to be consistent. I happen to feel
very strongly about discrimination between hotels and private clubs. We have
to clear that up. This thing has to stand on its own.
Mr. Plummer: Mr. Mayor let me say one other thing. The point that the
owners make, and I cannot deny, and it is a fact of life, is that, we in fact
are penalizing them for doing business in the City of Miami and is very hard
to equate with my conscience that we are penalizing anybody to do business in
the city of Miami, and whether we like it or not, it is a fact of life, they
can walk out of one place, walk across the street, and continue to do business
for the same fee and license we in fact are taking and penalizing our people.
Mayor Ferre; Let me give you a little example, The State of New Hampshire
has a law on lotteries. The State of Vermont doesn't have a lottery, as I remember.
There are different jurisdications that have different approaches to problems.
So that knocks that argument right out. It depends how you are looking at it,
Mr. Reboso; Mr, Mayor we gave the people of beer and wine,-R---no the
liquor package, we gave them two more hours, ----that means two more hours
open, and I am wj111ng to go later on, in the hotel, motel and apartment
in the same way the private clubs are, I am going two more hours, So in this
case, I am going to make a motion where we are going from 3 PM, to 1 AM.
it is from 1 PM to 7 PM and the county has froth 5 PM to 1 AM.
So my motion is going to be from 3 PM to 1 AM, two more hours than what
the county has.
Mayor Ferre: There might be an argument for that, the objection in
some people here is, that it interferes with religious s.rvices, so the
further off we get off that, I would rather have it later at night than
earlier in the day. All right, 3 PM to 1 AN,
Mr. Plummer: We are not pleasing anybody including ourselves.
Mayor Ferre: Let's see if there is a second. Is there a second to
the motion by Commissioner Reboso? Instead of 1 PM to 7 PM, it will be 3PM
to 1 AM, taking a little bit away in the early part of the day and giving
it in the later part of the day. Is there a second to the motion? It is
dead for lack of a second. Back to where we started.
I am not going to recognize you at this time,because this is now
the Commission's discussion for. now. If we continue to deadlock then we
will open it up for comments. If I recognize you I have to recognize anybody
else who wants to speak.
Ladies and gentlemen I would like to remind you it is almost 12:30,
we are 2 hours behind schedule and we have people who have been waiting well
over an hour on other items so I think we ought to bring this thing to a con-
clusion one way or the other.
Now, it was the will of the commission and voted 3 to 2 against Com-
missioner Gordon's motion which means you want some kind of change. What
kind of change do you want? Reboso came up with a compromise. There was no
second on the compromise.
Mr. Plummer: I have to live with ray conscience.
Mayor Ferre: I am glad to hear that.
Mr. Plummer: If we were to adopt the county ordinances with the exclusion
of the asterisk,
Mayor Ferre: What?
Mr. Plummer: ----with the exclusion of the asterisk. In other words, we
didn't allow beer to be sold from 10 A.M. to 5, and we became uniform with
the county, I don't know why we spent the money to put those signs outside.
Mayor Ferre: The reason there is so much noise that this is the
accumulation of two hours of people waiting for items to be heard.
Mr. Plummer: The county would have the advantage regardless anyway we
would go.
Mrs. Gordon: J.L. you can't solve it.
Mr. Plummer: I know it Rose.
Mrs. Gordon: All you are going to do, and even doubt that the operators
of the liquor bars, COP would want to go to a 5 PM to 1 AM. I would be inclined
•to think if you ask them they would say no. Far as I can see, I think the best
thing for us is to close these public hearings and let things stay. We have never
been able to solve it, and I don't haw in God's name we are going to solve it now.
Mr. Plummer: The one thing that hasn't been said, there is a discrimination
for county people against. city and that is, the city people get to sell liquor
4 hours earlier on Sunday and they would walk back across the street the other
way. Ididn't think about that.
Rev. Gibson: I wish I knew what the answer was.
Mayor Ferre: The answer is there is no answer, but we have a responsibility
to vote our conviction. At this stage of the game, we are in a complete contradiction
because Rose Gordon said let's do nothing and that went dawn 3 to 2, now we are
at a point where you voted that down, now you have to vote to do something and
44
MAR 251976
we don't know what that something is. Obviously nobody seems td want to
go from 1 to 1 and Reboso's comproThiee from 3 to 1 didn't get a eeoond.
So what is the other compromise.
Rev. Gibson: The people at Central Baptist oppose the extension of
the hours in evening simply because they have service. Reverend, sir, you
have some wisdom for us? 1 try hard to be fair about people, but God knows,
any way we go we are doing somebody harm. If I knew what was the fair and
right thing to do, I would be delighted to offer the motion.
Mayor Ferre: Let me see if I can come up with a compromise, father.
Let's see if we can define the problem. The problem is that we didn't give
anything to the beer and wine people, the beer and wine bars, on the other
hand we are trying to come closer to the county. What the county really has
is two things, one, it lets them stay later on Sunday and on the other hand
they let them serve beer at 10 o'clock. I think most of us seem to be opposed
to this question of the beer earlier in the morning. What we are really
trying to accomplish is to let them serve liquor later in the evening.
Suppose we did something like this. Suppose we permitted beer from 1
to 3 then permit liquor, and give them aroter three hours, so it would go
from 3 to 10. I am throwing that out as another hybrid form of solving the
problem.
Rev. Gibson: Let me hear how you react Doctor. Maybe the Holy Ghost is
going to give you some wisdom for us.
Rev. Willard: Thank you. No, sir, as a matter of deciding an issue, your
honor, it maybe you might need to reconsider the original question, you might
have some changes, if you are just looking for an alternative. I certainly
recognize the right of businessmen to operate at a profit and I have no opposition
to this. It is a problem with the church in the downtown area which we are one of
the two or three churches left in the downtown area, and I wouldn't want to suggest
anything that would be unfair. I do not have any words of wisdom beyond what you
have already had presented to you today. I think it is very difficult for you,
I think all of us are sympathetic with you and I would suggest maybe that you
reconsider your Vice -Mayor's motion and see if you can get off dead center on
this.
Mayor Ferre: Well, Reverend, unless we have indication that somebody has
changed his position there is no use doing that. If someone wishes to reconsider.
I has to be reconsidered by the prevailing side. One of the members of the pre-
vailing side would have to make such a motion.
Rev. Gibson: I am not opposed, that is why I asked the Rev. Dr. to come
up. The Reverend Doctor is indicating a probable solution. My bretheren, I don't
have all the knowledge and wisdom. You are living with the problem, and if you
say we ought to reconsider the Vice -Mayor's motion, --What was your motion Rose?
Vice -Mayor Gordon: I just said not to change anything because we couldn't
find a proper solution.
Mr. Plummer: Let me ask a question. You live with the problem downtown and
I know the problem. There is no question. I am going to ask your opinion. Do you
really and truthfully feel that an extension on Sunday nights will really make
a difference.
Rev. Willard: Yes, I do. We have services at night as well as in the morning,
I know that not everybody in the city of MIami knows about this, but there are these
men who sleep around our church, and they do around Gesu, and the Methodist church,
and it is really a hazard to the citizens of this community in the downtown area.
Many of you do not want to come downtown in the evening because this is when these
men are consuming alcoholic beverages and any move that is made to make it more
easily available to them is compounding the problem. The value of your real estate
downtown, of which your honorable Mayor is very much interested in, we are talking
about really the deterioration. It is a small step, but it is a step in the direction
of the deterioration of a city, and I hope somehow or other, I could say don't
open it from 9 in the morning until 1 in the afternoon and from 500 in the after-
noon until 8, that is when our church is open, but I am not willing to set those
hours because I realize this is unrealistic. I don't want you to fix it according
to Central Baptist Church, but I am talking about the life of the CI.ty of Miami,
just as the life of the City of New York has deteriorated and we are taking
45 MAR 2 51976
the decrease in spiritual, moral, economic and property values in the downtown
area, and it is a class legislation, and I think you ought not be afraid of that,
your honor. The equalization, and unification of the City of Miami with bade
County cannot be really considered in every single issue. There ate too many,
issues involved in this. We have problems in Miami that the county does not have.
Mayor Ferre: Frank is telling me that there are lot of upset people
because we told them to be here at 11:30 and it is now 12:30 and they have
to leave. We have may have to change our procedures and go back to that old
system of making presentations the firs;: thing in the morning. There are too
many people get upset. We have to bring this to a conclusion. What is the will
of the commission.
Mr. Al Sakowlsky: Mr. Mayor we are not here on this A, could we get
a deferral on that. We have to go back, we have been waiting for 2 hours on this.
Mayor Ferre: I think that is a reasonable request. On Item 7B there is
a motion this be deferred to the next commission meeting or subsequent meeting,
is there discussion?
The motion to defer item 7B to the next meeting was passed and
adopted by a unanimous vote of the commission.
Mayor Ferre: Is there a motion to defer 7A? Let's think it over.
REv. Gibson: Reverend, sir, I would like to take with you, I know
you have a problem and we have a problem, ----
Mayor Ferre: I am going to appoint a committee and Rev. Willard I am
going to ask you to be on the committee, and Iwould like 3 volunteers from
the other side, let's see who the volunteers want to be. I am going to choose
3 people in this front row to represent your side. Reverend, I am going to
choose you, who else would like to be on the committee representing the other side.
Counselor, would you serve on that committee? Is there one more person like to
volunteer? Lt. Harrison is in the Miami police department and I know his feelings
on this, so he agrees with your feeling, so if you will serve on that committee,
and there is no conflict, I think that would be fine. So, if the 3 of you on this
side,and the 3 of you would gather and see if you can come up with a compromise
and I would like very much if you keep your cool, don't get upset and angry.
See if you can come up with a reasonable compromise and come back. Reverend would
you be the chairman of that committee? It is up to you to call the committee
together. Ladies and gentlemen just appointed to the committee, would you please
give the Clerk you names, and phone numbers. Reverend you call the committee
together and whenever you are ready to come back, hopefully in the next month,
to this commission with your recommendations, if you can come to an agreement,
I will be happy to see you at that time.
The motion to postone the matter was passed and adopted by the following
vote: AYES: Rev. Gibson, Mr. Plummer, Mr. Reboso, and Mayor Ferre. NOES: Vice -
Mayor Gordon.
The committee members FOR: Rita Stone, Tom Nesbitt, and James Stratos
AGAINST: Rev. Conrad Willard, Attorney Dave Phillips and Lt. Harrison.
46 MAR 251976
m
8, PR ESENTAT I ONS S AQUES & CERt I F I CATES OF APPRECIATION ETC,
A. presentation to the Guatemala Council, General Jo§e narea Aragon, of the
proceeds received to date of the "Miami Helps Guatemala Marathon►"
B. Presentation of plaques to Pire Department personnel upon their retirement:
1. Fire Fighter Theodore pries 25 years
2. Chief Fire Officer Benjamin D. Durfey - 26 years, 11 months.
3. Pire Captain Marion P. McGraw 32 years.
4. Chief Pire Officer C. H. Doss y 35 years.
C. Presentation of Commendation to Officer Eugene Tellez, Miaiti Police Officer
of the Year.
D. Presentation of proclamation to Mr. Francisco Ruiz and Mr. Jesus Castillo
declaring March 27 as Dia del Consejo Nuestra senora de La Caridad.
E. Presentation of Knights of Columbus Miami Council #1726 at, Proclamation to
Mr, Albert O'Neill, and Mr. Chester Zebrinsky.
F. Presentation of Dia•de Tony Garcia Proclamation to Mr. Tony Garcia.
G. Presentation of Shriners Crippled Children ply.Proclamation to Mr. Walter
Parsons.
H. Presentation of Certificates of Appreciation to Mr. Emilio Milian and Mr. Thomas
Regalado for the help in the Miami Helps Guatemala Marathon.
I. Presentation of Dia del Club de Juan Ponce de Leon Proclamation to Mr. Eloy
Vazquez, President.
J. Presentation of Certificate of Appreciation to Maria Carmen Azola, for her
untiring community service.
K. Presentation of Semana de Juan Ponce de Leon Proclamation to Mr. Jose Luis
Arnaiz, President of La Casa de Espana.
L. Presentation of John Elliot Blood Bank Day Proclamation to Mr.Barold G.
Jaffer, Chairman of the Board.
M. Presentation of Commendation to Mr. Luis Rojas, President of the Association
of South Florida Soccer Referees, who by his efforts has greatly enhanced the
sport of soccer in our area.
N. Presentation of Commendations to:
1) Mr. Reynaldo Maduro
2) Dr. Arturo Hevia
3) Dr. Edgardo Buttari (posthumously)
P. Presentation of Miami River Cleanup Resolution to Mr. Rocco Pace.
WAIVE RENTAL FEES - WATSON ISLAND AND SNOWMOBILE
9, PONCE DE LEON CELESRAT;OK APRIL 4, 1976
The following motion was introduced by Commissioner Reboso, who moved its
adoption.
MOTION NO. 76-296
A MOTION OF INTENT TO WAIVE THE FEE FOR USE OF THE CITY OF MIAMI'S
SNOWMOBILE ON APRIL 4, 1976 IN CONNECTION WITH PONCE DE LEON WEEK
FESTIVITIES AT WATSON PARK.
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. Ferro
NOES; None.
47
MAR 25196
MOTION WISHING SPEEDY RECOVERY TO SENATOR CLAUDE PEPPER
The following motion w*s introduced by Commissioner Pltutmer, who boved its
Adoption.
MOTION NO. 76-297
A NOTION EXPRESSING WISHES FOR A SPEEDY RECOVERY TO CONGRESS, -
MAN CLAUDE PEPPER.
Upon being seconded by Cottnnissioner Gibson, the motion was passed and
adopted by the following vote-
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummet, Jr.
Commissioner (Rev.) Theodore Gibson
vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
DR. RUIZ - REQUEST FOR FREE OFFICE SPACE
IN OLD RIVERSIDE BAPTIST CHURCH PROPERTY
II. PERSONAL APPEARANCE TO FACILITATE HANDLING OR PROGRAM TO AID
LOBSTER FISHERMEN .
Mayor Ferre: Betty Poeford and Ruiz from the State Department of Commerce
Spiny Lobster Program are here. Would you please step forward. They would like
to ask the commission for a waiver of fees for the office space used at the River-
side Center. How many square feet do you need to have?
Dr. Ruiz: Just 1000.
Mayor Ferre: One Thousand. Is there a motion? This is in help for the Spiny...
Mr. Crouch: Mr. Mayor, the intent here is fine but we are trying to find the means
of keeping that place in operation and the charge that is going to be made is going
to be made uniformly to all of the social agencies that will be in there.
Mayor Ferre: Alright, Andy, but the problem, Dr. Ruiz is this; that if we start
waiving it to you there would be very little reason that we would have to deny it
to some other worthy cause. And if that were the case then eventually the taxpayers
of Miami would have to...
Dr. Ruiz: Can I say a word, Mayor?
Mayor Ferre: You certainly may. I want to tell you this, that I understand that ,,
you are the recipient of a grant of $2,300,000 and we certainly hope that you might
find a little money out of that to pay how much in rent?
Mr. Crouch: The rental fee will just be for the maintenance and the services, elect-
ricity, etc. I think it is about $4.00 per square foot.
Mayor Ferre: Alright, I'll recognize you and we may have to defer this item until
the next meeting but go ahead and make the presentation.
Dr. Ruiz: I just want to tell the honorable commission that this is a poorly funded
grant for behalf of the fishermen of lobster that were displaced from the Bahamas
Bank and we have to take care of approximately 900 families that were affected by
this plan. Probably 800 of these have families who live in our community here in
the City of Miami. Now some other governmental agencies are helping us like the
Cuban Refugee Program helping us with their social workers as well as the realizat-
ion of social agencies of furnishing same employees. The Marine Resources Depart-
ment with the members of the board...the board paying for all the expenses and cer-
tainly waiving these rental in this city facilities will contribute... Any penny
that we save will go to help these lobstermen in distress and if... We are only
going to occupy this space for a period of a year.
Mayor Ferre: How much money is involved, Andy?
Mr. Crouch: I believe that they want a square foot area of 4000 square feet,,,
Mayor Ferre; He said 1000.
Mr. Crouch: 1000 at $4.00 per square foot so it would be about $4,000.
48
MAR 2 5 1976
Dr. Rtiit: That itohey will help out softie other fisherYtlah and we have plenty of
theft and 900 families to help
Mr. Rebosb: Mr. Mayor, why don't we defer this one until April 8th so the adioih'
istratioh dish take a look?
Mayor Ferre: tet he agree with that by saying this: I don't think there is any..
body, t don't know when you got into this, but I started functioning in this since
September. I've made three trips to Washington, t've been involved in all kinds
of things in trying, the City of Miami through my ihsistenoe and out of the cot,.
Mission and Mr. Jose parades were really the ones who got this whole grant going,
If it weren't for us you wouldn't be standing where you are right now.
Dr. tuiz: Absolutely, Mr. Mayor.
Mayor Ferret So 1 have a deep dedication to the lobster fishermen. Now let me
tell you what the problem is. There are many many other social agencies which are
just as worthy of consideration who give just as much service and serve just as
many if r1ot more people that the 960 that you're talking about and I don't see how
in the world we could waive for you and not waive for them or we have to do it for
them.
Dr. Ruiz: Well, Mayor, ...this program that s you say, practically the creature
or the son or the child of this commission... and you have to help it.
Mayor Ferre: We were almost the Father but we're not the father.
Mr. Plummer: Mx. Mayor, there might be an alternative and I just merely throw
this out for what it is worth. There is office space, Andy, if I'm not mistaken,
available in the back of Henderson Park which is only about 3 blocks away. Is there
a thousand feet there that they could use?
Mayor Ferre: They've already moved in.
Mr. Plummer: Oh, you've already moved in?
Dr. Ruiz: The building is practically empty... You have to expend money there.
Mayor Ferre: That's not the problem. The problem very simply is, Mr. Ruiz, that
we cannot do for you what we're not willing to do for somebody else and conversely,
if we do it for you we've got to do it for others.
Dr. Ruiz: Remember, we've have 800 families in Miami.
Mayor Ferre: But that's not as much as 10,000 families that are involved. See?
And who were being served way before you ever even thought that this program could
exist.
Dr. Ruiz: Mr. Mayor, this will help some lobstermen greatly...
Mayor Ferre: Mr. Ruiz, you don't think that I don't want to help the lobstermen?
Dr. Ruiz: I know...
Mayor Ferre: But how am I going to do for you what I'm not willing to do for --
How many senior citizens do you represent just in your group? Now you think it is
fair for us to do for you what we won't do for them?
Dr. Ruiz: But do they live all of theta in Miami?
Mayor Ferre: They all live in Miami and much more, and much more than I think the
fishermen because the lobster fishermen don't all live in Miami.
Dr. Ruiz: No, I say 900 .. but approximately 800 lives here.
Mayor Ferre: Yes, well I would question that because I think you'll find that many
of them live in Hialeah and live in other parts of the community and that's not the
point. We want to help you but this is not the time to do it. So I think we'll do
this. On April 8th, Mr, Crouch, you've been asked, the Manager has been asked several
time when he is going to come before this commission with a program on what to do
with Riverside Baptist property. When is that scheduled?
Mr. Crouch; He was trying to gget it together for this time but we've got some
prpbema and it would be ready by the 8th.
49
MAR 251976
Mayor Ferre: Will you schedule this item along with that on April 8th? Ok, is
that acceptable to everybody? Ok. Thank you very much.
PERSONAL APPEARANCE
12. MONTY TRAINOR
PERMIT FOUNTAIN AND LANDSCAPING TO REMAIN
ON CITY PROPERTY AT FOOT OP AVIATION AVENUE
AND SOUTH BAYSHORE DRIVE
Mt, Monty Trainor: I have a fountain in front of my restaurant which everybody has
seen but now all of a sudden it takes a resolution from the City Commission before
I can do anything with the City of Miami Building Department,
Mr. Plummer: 1 make the resolution. You're going to stop him from putting a foun•
-
tain?
Mr. Crouch: He's putting the fountain on the property that we are out for getting
proposals for use for the property... Mr. Mayor, if you are going to waive the re-
quirement to building permits and the procedures that the city has for Mr. Trainor,
he has started the construction, we had to stop him.
Mayor ferre: Well., what is it you recommend?
Mr. Crouch: I recommend that you tell Mr. Trainor that if he has a proposal to do
work on city property that he brings it through the city administration...
Mayor Ferre: Monty, why don't you follow the procedure?
Mr. Trainor: I took the plans down but this is an existing....
UNIDENTIFIED SPEAKER: He did not take the plans down, Mr. Mayor.
Mr. Trainor: I have a fountain, all I did was the shrubbery that we planted there
got so thick that we put in big tall palm trees. All right? So when we did that
we just increased and it's just like the model shows it. We tied the two fountains
together, J. L.
Mr. Plummer: Monty, will you give a letter to the commission that any time we re-
quest you'll tear it down and you won't expand from this point on?
Mr. Trainor: Everytime I've ever built anything I have to put a letter saying I'll
tear it down. It's gotten like a D.M.Z. over there. Let me tell you something,
we've got 6 foot dividing the two pieces of property, you all added that building or
that building was put there after my building. Let me finish and then you can talk.
So now we've got 6 foot at one point down to 3 foot. All of a sudden Ronnie Mayer
is over saying that the gas tanks are on city property that have been there for ]5 /``
years. We're talking about three feet. Now we're going to have to have armed guards
out there over a three foot piece. All I'm doing is putting trees, water and foun-
tains. I cleaned up the city street, I have a man that does nothing but clean up
city street and city trash. Now when you get that taken care of I'll quit doing
beautiful things. You can tell me that, Mr. Crouch?
Mayor Ferre: Yes, let me tell you something. I'll answer that by telling you this:
Moty, what you're doing is right, how you're doing it is wrong. That's what the prob-
lem is.
Mr. Trainor: The fountain is there, it's been there for four years.
Mayor Ferre: Yes, but you see this isn't the first time you've done that. What hap-
pens is that you come in here because of your ability to express yourself well and
you get along well with this commission. What you keep doing is by-passing the admin-
istrative procedure and then when you get stopped by the administration you come here
crying.
Mr. Trainor: I'm not crying.
Mayor Ferre: Well yes you are. You're coming here and saying you want relief and I
don't blame you and you're doing a good thing for the city.
Mr, Plummer: Andrew, does the fountain now exist?
W. Crouch: Yes, sir,
Mr, Plummer: It has existed for four years?
50
MAR2
1976
0111*
tivtbENfitPIEb SPEAKER: No. With the approval of the City Cottiasion we let him
do landscaping on the front and he built some more.. of the fountain on the city
property which wea within controlled area and it exists. Nov he plans to wood
it about 15 feet into the city property btinging on utilities and he hag trot
taken out a permit, he has not come to the city adttiniattation fat any...
Mr. Trainor: 1 have the plans right here and your ]5 foot is way off and you
know that.
UNIbENtIPIED SPEA1ER: No, I don't know that.
Mr. Trainor: The plans ..with the Building Department.
Mayor Ferret Let's not get into a big squabble about who's right and who's wrong.
Mr. Trainor: Maurice, you know the fountain on the aide of the building?
Mayor Ferre: Yes.
Mr, Trainor: Ok. There is a fountain on the front of the building, you can't see
the building when you're driving. We just took the wall down and it's just tying
the two fountains together. That's it entirely and here's the plan...
Mr. Plummer: Wrapping it around?
Mr. Trainor: That's it.
Mayor Ferre: Well, let's see what it is that you have. ... But you see, you
can't blame the administration for getting upset because you keep ramrodding things and then doing them. Monty, that's not the point. You're doing the right thing
but you're going about it the wrong way. You keep ramrodding things and antagon-
izing the administration and then you get upset when they get antagonistic to you.
I don't blame them. If I was sitting in their shoes I'd be after you every single
day. I'd be looking for every violation to close you down.
Mr. Plummer: Monty, will you write on the blackboard one thousand times, "I will
not pick on the administration"? Mr. Mayor, I make a motion that Mr. Trainor write
a letter to the administration that he's been a bad boy, that he will not expand it any further than what it is now and he will remove it at any time that the com-
mission asks that it be removed. Subject to that, I will move the resolution, re-
moved
at his expense. That's only fair.
Mayor Ferre: Let me tell you before I vote that I'm going to vote along with this
motion but if every citizen in this community went about doing things the way you
do them we would have to meet every single day and anybody who wanted to put a car-
port in front of his house and do this or put up a hedge or a fence would do it and
then come down here and come before the commission and get relief that way and that
is really circumventing the intention of the Charter because we're not supposed to
be doing that. Now I recognize that the bureaucracy of any governmental agency
including the City of Miami is burdensome. I also recognize that you are an except-
ional person in that you have the ability, the courage and the conviction to get
things done which is a hell of a lot more than most people have and I think we need
to encourage rather than discourage you but unfortunately it doesn't take much to
encourage you. And what happens is that not only do you accept the encouragement
but you end up completely taking it over and being not only the servant of the en-
couragement but the master of it. And that leads eventually to the type of abuses,
and I can't call it anything else, that you continually confront this commission
with and I agree that it is all in public pro bono publico but on the other hand I
would strongly advise you to try to moderate your aggressive ways and try to smile
to the administration and get along with them and see if we can have peace in the
family. •
Mr. Trainor: Maurice, I have to rebutt to that.
Mayor Ferre: I haven't voted yet.
Mr. Trainor; That's alright, I've got four. No, in all honesty..,.
Mayor Ferre; All right, Then on the record after that statement I'll vote no,
W. Trainor; Maurice, let me give you the sequence of events. We took the fountain
out to put the trees in. At that point they come over and they aatd atop all work.
� � MAR 2 51976
We put the trees in. At that point I took my plans, I said, "All right, we tore
down the fountain. Do I have to have a permit to put it back?". Yes. t went
through all the divisions, got all the signatures, brought it down and they said,
"You can't do that." So Ronny Mayer grabbed my plans and said all these signatutea
are void and they left it there. Now 1 haven't done anything that won't already
there. And everything that I've built has been with the city'a best interest at
heatt.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 76-298
A MOTION OF INTENT TO PERMIT FOUNTAIN AND LANDSCAPING TO REMAIN'
ON CITY PROPERTY AT THE FOOT OF AVIATION AVENUE AND SOUTH BAY-
SHORE DRIVE IN CONNECTION WITH RESTAURANT OPERATION BY MONTY
TRAINOR.
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.
The City Commission recessed at 1:45 O'clock P.M. and reconvened at 3:05 O'Clock
P.M. with Commissioner Reboso absent.
13. REQUEST CITY MANAGER
TO DETERMINE FROM
DEPARTMENT OF NAVY
U. S. S. MISSOURI - AVAILABILITY AND
POSSIBLE RELOCATION TO MIAMI AS MUSEUM
Mayor Ferre: The first thing we're going to take out of order is Nora Swan who
would like to recognize Joe Garafola for Congressman Pepper's Office. We'd like
totalk in reference to the U.S.S. Missouri. Now Mr. Garafola, the problem is
that we're way behind so I would like to respectfully ask that you make your com-
ments very brief, sharp and to the point so we can move ahead.
Mr. Joe Garafola: Mr. Mayor, I'd like to turn this over to Jay Ogden. Let me give
you the briefing on this and all I want is my little request and we'll get out of
here as quick as possible.
Mr. Jay Ogden: The briefing is only going to take about half a minute. We investi-
gated the situation with the Missouri since we spoke to you last and we found out
that the Missouri is available. But in order to do this we are going to need one
more letter to the Secretary of Navy requesting the information whether it is avail-
able so he can tell us it is. Mr. Garafola can explain this situation to you. We
did have to by-pass everybody in the Navy to reach the Secretary of Navy in order
to get our information.
Mr. Gagafola: Mr. Mayor, my purpose here now is to confirm that the ship iu avail-
able to be in Miami and we do need a letter from the City of Miami indicating that
they would like to have the ship in this area for the purpose of a national monu-
ment. This is all I want to ask now and the letter should indicate that in case of
any misfortune, a war or such that the ship would be available for return to the
Navy as soon as possible. That's all I need.
Mayor Ferre: What would you like for us to specifically do as of right now?
Mr. Garafola: Well, just a letter now requesting the ship be confirmed it is avail-
able for the City of Miami. That's all I would like to have now.
Mrs. Gordon: Can we move that in the way of a motion, Mr. Mayor, or what?
Mr. Andrews: Mr. Mayor and members of the commission, you must understand that I
have no administrative objection or recommendation to make to the City Commission
that would set aside a decision to move ahead but I think the commission is taking
a step of which they don't really understand the full consequences of that step
and I certainly don't have sufficient information on which I can tell you that there
won't be any cost to the City of Miami, some underwriting of this and particularly
52
MAR 2 51976
to place such a ship in a slip and maintain it so that in the event that it is
needed at some future date is one Matter, I have seen, and Vice.-Mayot Plummet
was at the Queen Mary which is berthed in a particular way outside of Los Angeles,
California that requires substantial facilities to take cate of its I just don't
think at thia stage unless these gentlemen have tote information than we've really
seen, and we've been trying to wotk with them but t m not satisfied in my own mind
that we have the kind of information that this commission can plate emphaeia on
the feet that is possible to locate that ship here in Miami. That's not to say
that it won't be but this is a very very excpensive undertaking and t know that
they have a plan for financing it and for charges and so forth, I'm just caution'
ing the commission.
Mr. Plummer: Mr. Mayor, what the gentleman came to my office and talked to me
about was merely the that they want a letter for the record with a clear cut yes
or no answer which I aee nothing wrong. Now I want you to understand because we
didn't go any further than that conversation, but I have just recently at the
commission's request been back qboard the Queen Mary and I want to tell you that
I'm loaded for bear when it comes to saying yes or no; for a project of the Queen
Mary that started out as an $8,000,000 project joint venture between the City of
Long Beach and private industry, that $8,000,000 is now $55,000,000 and going
broke. So I'm just telling you I see nothing wrong with asking in a letter a yes
or no answer but I want you to know that somebody is going to have to show me
some black and white figures about saying, "Yes, we want it." Ok? I'll be glad
to offer in a motion or second a motion.
Mr. Ogden: That is correct, Mr. Plummer, .all we want is to request the informat-
ion whether it is available.
Mr. Plummer: That's it, solely.
Mr. Ogden: That's all we're asking.
Mr. Plummer: Is that ship available, yes or no I'll go along with.
Mayor Ferre: All right, and then the Manager will look at all the facts and come
back with some kind of a recommendation. Just a fact that we're writing a letter
doesn't mean that we're going to get the ship.
Mr. Plummer: Nor does it indicate that we can afford the ship.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 76-299
A MOTION REQUESTING THE CITY MANAGER TO ASCERTAIN WHETHER OR
NOT THE BATTLESHIP "MISSOURI" WOULD BE AVAILABLE FOR LOCATION
IN THE MIAMI AREA.
Upon being seconded by Commissioner Gordon, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso.
53 MAR 2 51976
14, PERSONAL APPEARANCE
LLOYD HOWARD
COMPREHENSIVE ALCOHOLI(.ROGRAM
DISCUSSION AND TEMPORARILY DEFERRED
Mr. Lloyd Howard: Mr, Mayor and commissioners, my name is Lloyd Howard. I+tt here
to represent the Dade County Federation of A.F.L. - C.I,O, I'm the director of the
Comprehensive Alchol Program that we have which is a non-profit organization, What
we basically do is have a labor management alcoholism program, We are not prom -labor
or pro -management but we're pro -patient. Unfortunately we go under grant money
because we are a tax exempt status 50]-C3 and our funds are being cut the 31st of
tis month. So this is kind of hastily coming before you. Basically what we do is
go into a company and encourage them and try to show them where alcoholism is cost-
ing them a lot of money through absenteeism and through accidents and whatever, Now
according to all statistics JO% of the work force are alcoholics or problem drinkers
and it is a $]0,000,000,000 annual cost to management. Now we have, in our program
I gave in the enclosure some of those that we've signed up. Now we have all organ-
ized labor but we encourage labor management programs. If there is no union in a
company we don't care we'll still go into that company and help set up an alcohol
program. ... AFSCME group that are signed up. We have United States Post Office
of Miami which is labor management group, Pan American World Airways which is a
labor management group, the City of Hialeah and others. We have handled ]]3 alcholic
reverals of which 80% are still in treatment and we feel it is a shame to just cut
us out at this time because hopefully we can continue to help these people get back
and be productive employeea which makes management feel good because they're in a
profit business where they should be. Within our program we have found that through-
out the nation, and by the way, we are the only labor management alchol rehabilit-
ation program in the State of Florida. We are the first, we were the first in the
nation here in Dade County.
Mayor Ferre: Lloyd, what do you want us to do?
Mr. Howard: What I'm saying is that I'm coming before you because our grant is be-
ing cut and we're having to look elsewhere for some funds. Hopefully through match-
ing funds we can ask you if you want to set up a program to carry it on and to tailor
make it for your city of which we will come in and ask you for funds which would be
matching at least until the end of your fiscal year until we can get a chance to go
on further. That's basically, I spoke with the County Manager and was referred to
the Community Affairs(City Manager. please forgive me about County) and if you find
that this is feasible then I'm sure that we can sit down and work something out.
Mayor Ferre: How much money do you need, Lloyd?
Mr. Howard: For the total annum I think in the matching funds if we get $]5,000
from you the matching funds would be 50, that's what we...
Mayor Ferre: Let me say this on the record. I talked to Reboso(he should be here f _
any moment now) but we've got $25,000 that was left over that we've got to discuss
how to allocate that and I told, and he doesn't have any objection except that he
has some pretty strong ideas as we all do as to where that - we've only got $25,000
left. So I think the thing to do is this since time is of the essence and this is
something that has been long overdue, Mr. Manager. I would recommend that you call
sometime between now and April 8th and if not if we can't find a mutually convenient
time, on April 8th, a special Commission Meeting where we dedicate an hour to de-
cide how we're going to spend that $25,000. That's something that should have been
done really by now. Let's go ahead and face that one and we'll discuss it out here.
Mrs. Gordon: Could I make a recommendation? Because I heard this program was
expiring, it's funding was expiring in a couple of days. I agree with your idea
but I would ask you that we consider funding this for a couple of months at least
so that we can take time to decide...so you don't go out of business. That's what
I'm trying to tell you.
Mayor Ferre: How much money do you need for one month funding, Lloyd?
Mr. Howard: Well, the problem is we've had an office donated to us, we will have
no office but that's no problem. I think it runs around $4,000 operating cost for
the month.
Mr. Andrews: It would be about $1,000 of city money versus $3,000...
Mra.. Gordon: Now you have to make application for that, Mr. Andrews, and you can't
be getting that in one day's time so I would recommend if you would agree that we
go ahead and fund the $4,000, Maurice, and then we try to help them further than
that.
MAR 2 51976
eir
Mr. Andrews: Yes, but that I'm sayings the $4,000 will carry them one forth but
we would Make application to get that $4,000 because we cait get $16000 more which
would be $20,000.
Mts. Cordon: Ok, we would do that, It would seem reasonable.
Mf. Howard: if you're willing I'm willing. I'll carry the program with my own
Money and t don't mind. I have faith in people and certainly your words if that's
to be then 1 will pay the expenses and carry until such time because it is a shame
to give 4 when you could get 16 even if it is from someone else.
Mrs. Gordon: You have to figure that we offer you the 4, he's going to go and ask
for the other 12 to take it ]6 but if it's agreeable with Mr. Reboso we'll go with
the 4 now and then we'll go...
Mayor Ferret Lloyd, I'll tell you, why don't you sit down until Commissioner Reboso
gets back here and then we'll take it up and hopefully get a unanimous vote because
I think out of fairness to him he ought to he here before we vote. Ok?
15, PERSONAL APPEARANCE CITY OWNED STREET LIGHTING
JACK WEISS REFERRED TO CITY MANAGER FOR REPORT
Mr. Jack Weiss: Fellow commissioners, Mr. Andrews, I'm here again on the issue of
street light maintenance and in response to Mr. Andrews' report dated March 3, ]976
in which he sets forth that the city and power company are in the process of develop-
ing a pole uae agreement and enabling the city to place city owned street lighting
equipment on utility company poles. The problem is that we have been in this situat-
ion since November, approximately November of )973 when my predecessor who is repres-
enting the potential bidders for street lights began correspondence with the city.
And in Mr. Andrews memorandum he talks about being in the process insofar as devel-
oping a pole use agreement. This process situation that it refers to in that memor-
andum has now been one year without any affirmative action being taken by the city.
Now the city has many areas of affirmative action in order that it can be placed
in a situation wherein the taxes and the savings to the taxpayers may come about.
For example, as Mr. Lloyd would advise you is condemnation. The city can use it's
prescriptive right to use the poles and there is law to effect that allows the city
to do that. Further on Mr. Andrews talks about the bids for installation and he
talks about specifications insofar as these bids are concerned. The specifications
that he's been referring to unfortunately based upon the bidding that he set out
last year some time are tailor made for a company that's already doing business,
in this case FP & L. The specifications that you refer to state that a company
must have 5 years of experience in street light maintenance within Dade County -
no such situation exists so that immediately eliminates an outside company. Further
on in his memorandum Mr. Andrews talks about budget reductions have eliminated such
funds from this year's street lighting budget. Actually, the funds that he's talk-
ing about are funds that the Florida Power and Light has and thereby leaving no
other alternative but for the city to remain in its present state wherein the city
is in an illegal situation because of the fact that street light maintenance is a
contract that has been let out by virtue of franchise in excess of a thousand dol-
lars and that's been the status since ]954. As you know there was some litigation
involved in this matter wherein we filed for a writ of mandamus initially and there-
after it was granted and following which on a second writ it was denied. At that
time of its denial we were taking it up to third district and we did not do so be-
cause we were again advised by the city that the issue insofar as bidding would
take place so we didn't take the matter up to the Third District Court wherein the
denial would have been reversed. As a matter of fact, the difficulty here is a
lack of any kind of momentum. There are resolutions passed by the commission asking
that bids be taken well over a year ago when I appeared before you and it was unan-
imously carried. There was some conversation prior to that time as to whether or
not any legal actions would be taken. I think as I recall Father Gibson said, "Well
are we going to take any legal action?" At that time we had no thought about it
because of the fact we were bringing the matter before the city's attention. We
then brought the writ of mandamus and following which on its denial we didn't take
it up to Third District Court again because we were advised that open bidding would
take place. And now we're in March 1976, we began correspondence with the city init-
ially in November of 1973 and to this date we are still in the same status. Now
the problem is is that the taxpayers, the city taxpayers are suffering because in
every instance where there has been a change over from a power company releasing
its hold of street light maintenance to a private enterprise there's been a dramatic
huge savings to the taxpayers. • As a matter of fact, we have submitted to your office
a docu.entation of several cities which I won't go into now becauee we've gone over
L
55 MAR 25197E
all of this once before - Philadelphia, Pittsbwrgh, othe cities throughout the
United States, New York where there's been huge dramatic savings merely by the
taking over of street light maintenance by private enterprise. Now although I'tn
here as you know representing a particular company we're not suggesting that any
company or any other company that's been here before have the opportunity to be
in privity with the power and light company but we're suggesting that open bidd-
ing be let, it seems that the only one that has privity with the power and light
company so far has been the City Manager's Office. If the power company would
be caused by the city to bring the issue to a head then the matter would be rapid-
ly resolved, we would be able to see what portion of the power bill is assigned
for actual consumption of kilowatt hours and what portion is assigned for the
street light maintenance in order to indicate by a similar amount of poles being
operated by private companies in other areas to indicate clearly the savings that
the city would be immediately privy to. 1 respectfully suggest that there has
been no active attempt to put repair, installation and maintenance out for com-
petative bidding and that the memorandum that Mr. Andrews has set out on March
3rd in which he talks about competative bids even in that memorandum on the last
page - there's three items that he discusses - on the third item, for example,
continuing with the present method of installing power then he's suggesting that
we should continue with the present illegal method that already exists but we
don't have an opportunity for companies to make their perspective bids in order
that the city would have an opportunity to have the dramatic savings that we've
already submitted to the city. We're asking again that the city place the power
company in a situation where it must tome to the city and show exactly the separ-
ation of power from maintenance in order to ascertain what maintenance is cost-
ing the city so that we can make the comparisons that we've already supplied to
the city insofar as information gleaned from other cities. As a matter of fact,
Mr. Andrews, I don't know whether or not you've had any conversations with cities
that I've supplied to you and their managers to give an indication of what those
savings are. He probably has had some correspondence but the reason why I'm mak-
ing this point is because I just failed to see since November of )973 until March
of )976 why this matter hasn't been brought to a head so the taxpayers can benefit.
Mayor Ferre: Well, why don't we get a response now if that's alright, Mr. Weiss.
Mr. Andrews: Mr. Mayor and members of the commission, I want to assure you that
the city has been pursuing this in a most deligent manner. This is an extremely
complex under taking. I don't believe that we're in any illegal profile at this
time. From what I understand of where we stand in terms of what the city is accom-
plishing as far as the street lighting at this present time, right at this moment,
there is no judication of a matter which would say that the city is illegally pro-
viding street lighting as provided through the City Charter. That's the first
matter. Secondly, we communicated and had several contacts with each of the cit-
ies that was recommended by Mr. Weiss and his client at the time that this was pres-
ented to the City Commission. We found that in some of the cities they did not
take over the street lighting as was indicated. In othere there was not the sav-
ings that was indicated. However, there was one or two and we have a complete
file documented on this. There was some savings. So it is not all black and
white in this instance that savings can accrue to the City of Miami. Nevertheless,
we thought enough of this idea and thought it was worth pursuing and it has taken
us all this time to come to understanding with the Florida Power and Light Company,
and Mr. Fox is here and can give you an indication as to now when we will receive
the agreement from Florida Power and Light Company to utilize their equipment in
the public right of way. The commission roust appreciate that this is a franchise,
we're dealing with a private utility and private property of theirs but they're
extending themselves to give us permission now to make connections by a private
contractor or by the city on their poles in the public right of way under certain
conditions. Mr. Fox has assured me that within approximately a week their attor-
neys will have completed the agreement and it will be in our office and we can
move ahead. But it has taken us an awful long time to get to this point.
Mayor Ferre: Well, the problem is this, Paul, I remember hearing about this back
in 1973. Now you know we're now in )976 and that's a long time in trying to bring
this matter to a head. Now it seems to me that if we really are under not only
a legal but a moral obligation that if there is a bid procedure and that in fact
there is a potential that somebody can render a service like this cheaper than
what we're receiving then I think we've got not only a legal but a moral obligat-
ion to do this.
Mr, Andrews: Yes, sir, and I agree with you, Mr. Mayor. Now let's get back to
the time element for a minute.
Mayor Ferre: I mean it's got nothing to do with Florida Power and Light or any
thing else, .,.
MAR 2 51976
4111
Mr, Andtews: Yes it Ms, Mt. Mayor,
Mayor Perte: Well I'M saying that it would be true with anybody regardless of who
it was or the company or the utility of what have you. I'm trying to say that,
because a lot of people jump fight away on Florida Power and Light, it's got nth=
ing to do with Florida Power and Light. It's got to do with the ptinciple.
Mr. Andrews: No, sit. mr. Mayon t want to it:press upon you it has a great deal
to do with rlorida Power and Light,
Mt. 'Weise: It also has to do with money, Mr. Mayor, becf.use of the fact that the
citizens would save a lot of money.
Mayor Ferre: I recognize It has to do with money and I recognize it's got to do
with Florida Power and Light and I also recognize they've got franchise tights
and I also recognize they pay 6% for that and I recognize that they've got a lot
of rights that they buy for the money that they pay. And I also recognize that
that money, that they don't pay for it because it doesn't come out of the profits
of Florida Power and Light they pass it on to the consumer. So they're passing it
on, the consumer is paying for it. So you know there are a lot of arguments and I
understand the ramifications of the whole thing. I stand pat on the statement I
made that the main thrust of all of this is not only what is legally right but
what is also morally right and I think that's what we have to pursue.
Mr. Andrews: That is what we're pursuing. We are not under any legal mandate to
do this at this time yet we are pursuing it, we're bringing it to a conclusion.
Mayor Ferre: Well, how much longer do you think it will take before we can bring
this to a conclusion?
Mr. Andrews: Within three weeks from the time that we get this agreement...
Mayor Ferre: Jack, let him finish and then I'll recognize you.
Mr. Andrews: I can assure this commission that within three weeks after we receive
approval from Florida Power and Light Company through this agreement that we will
be prepared to submit bid proposals to the public. And the five years is not five
years experience in Dade County. Nobody has that kind of experience in Dade County
I believe except Florida Power and Light Compeny. The specifications that were put
out a year ago which will probably go through some minor adjustment as a result of
our findings only calls for five years experience period.
Mayor Ferre: Ok. Now, Mr. Weiss.
Mr. Weiss: We're going back to the very same situation that begin in November of
]973. Again Mr. Andrews is saying within three weeks. Now in his memorandum of
March 3rd he says two weeks and here we are in March 25th and now he's asking for
an additional three weeks. I suggest that this additional three weeks, you talked
about two in this memorandum, I suggest that we are in a situation that this is a
never ending process. You talk about an illegal profile, the fact of the matter is
is that we didn't take it up to the Third District because again you said there'd
be specifications or rather open bidding would be taken. But unfortunately the
specifications insofar as that open bidding were tailor made for Florida Power and
Light because nobody else but a power company could apply since they were the only
one that had 5 years experience in Dade County. As far as communication with other
cities are concerned every one of the cities that we supplied to you indicated very
clearly about the dramatic savings. The fact of the matter is from November of 73
to 76 your Accounting Department would be able to indicate tht the savings are some-
where that the city has lost in the area of about 650 to $700,000 in the three years
involved. I don't know when this is going to end, Mr. Mayor.
Mayor Ferre: Well, the fact is that there is no way, I don't see that we can over
ride the Manager at this point. I recognize your frustration and I think with fairly
good justification because November of 73 to March of 76 is a heck of a long time
and there is just no way anybody can convince me that we've been deligently pursuing
this matter - no way, Paul. November of 73 to March of 76? I would accept a year,
a year and a half but I mean that's a long...
Mr, Andrews: Mr. Mayor, if I may
about this that we've gone to the
efforts on a day to basis and
which shows page after page which
efforts to try to bring this to a
communications, We've been given
this matter, Mr, Mayor,
just hold this exhibit up. We're so concerned
trouble of documenting in this one book all our
I'll be glad to supply this to the City Commission
has about )0, J2 entries on each page of our
conclusion - everything, letters, phone calls,
a lot of wrong information and misinformation in
5 7 MAR 2 51976
4
ir
Mayor Ferre: Paulo I kept that on the face of your statement. I have never wit=
nessed your lying on any item small or big. So you say that you've done it and I;in
sate that this commission has a tight to look at that. Why don't you just pass it
down ao everybody can ...
Mr. Weiss: Mr. Mayor, that booklet is three years old. If you wait anothet five
years it will be much larger. I mean that's the whole thing. We're moving at a
snail's pace, we're not getting anywhere...
Mayor Ferre: Well Jack, look, we've waited three years now....
Mr. Weiss: Some of that booklet has some of my letters in there even. It has a
letter from the States Attorneys Office saying that the city is in an illegal pos-
ture and the response to that letter by Mr. Andrews that's mere gibberish that I
don't even understand myself.
Mayor Ferre: Can't we wait three weeks now at this juncture? We've waited three
years, three weeks isn't going to make that much of a difference.
Mr. Andrews: Mr. Mayor, please indulge me to this extent. He's just made a state-
ment, it is similar to the statement that was made three years ago in a different
fashion and in a different way on items where he's made assumptions, he's given
us erroneous information that we've had to ferret out that this didn't prove out
anything. Some of the cities that they asked us to write to to find evidence of
this how good it was, we wrote to them they don't even own the system, they're not
even in that business. We've got the documentation, there's three thick files.
I'll be glad to reproduce the entire files and make them available to the commis-
sion. Now he's just made a statement that this is not up to date. The last entry
starting from September 26, 1973, the last entry is March ]7, 1976.
Mayor Ferre: And subsequent entries all along.
Mr. Andrews: All through here, Mr. Mayor.
Mr. Weiss: Your honor, would I be in order to ask for a motion for a time certain
within which this matter can be resolved so the power company...
Mayor Ferre: Jack, I understand your frustration but the Manager says he'll have
something within 3 weeks. I think it is only fair to give him that opportunity.
Now if he doesn't have it in three weeks I will as of right now, Mr. Lloyd, Mr.
Andrews, I think request that this item be put on the agenda for the second meet-
ing of April. This gives you somewhat over three weeks and hopefully we will have
a conclusion at that time.
Mr. Weiss: Is there an alternate situation in the event that the complex matter
is not resolved within that period of time? What is the alternate situation so
that...
Mayor Ferre: Well, what do you recommend?
Mr. Weiss: That open bidding be immediately placed and that condemnation should
commence by the city.
Mr. Lloyd: Just a moment now. You can pass a resolution or a motion saying con-
demnation should begin and it can't begin because of the franchise agreement. We
can't condemn somebody's property right in a franchise until the franchise is over
so that is improper.
Mayor Ferre: Not only that, but let me tell you that franchise money which amounts
to 30 some odd million dollars in the next 8 years is a very very important part of
the city's future.
Mr. Lloyd: That's why we can't condemn it.
Mr. Weiss: Mr. Lloyd, it is my understanding that those poles, the j0 year deprec-
iation period is just about over on most of the poles anyway, 90% of the poles.
Mr. Lloyd: That's got nothing to do with it.
Mayor Ferre: Well, I think unless somebody wants to do 'it otherwise I think the
only way to leave this is to schedule it on the April 22nd agenda. Is that alright,
Mr. Andrews?
Mr, Andrews; Yes.
58 MAR 251976
Mt. Weiss: We'll be Alpy to submit a memorandum of 1a to Mt,
so that he's, t'th sure that he's aware, but he's fully agate of
ies that the city has in the event that the power company again
present snail's.pace.
Mayor Ferre: That's fine. I'm sure Mr. Lloyd always welcomes
not concur with theft but that any help and advice that he gets
l'm sure there's no problem. Right, Mr, Lloyd?
Mr, Lloyd: Yes, sir.
Mr. Weiss:
do what?
Lloyd's office
all of the temed-
t»oves at its
opinions. He may
he welcomes so
Let the understand then where we are. The power company is going to
Mr, Andrews: The power and company, and Mr. Fox is here who can speak for him-
self so the commission is aware of what we're attempting to do, just indicated
to me once again that within a week they will have their agreement in the city's
hands. Now I believe, and there may be some things that we don't like about that
agreement but we'll take the entire agreement a..zd include it as part of this con-
tract and receive bids on that basis and make the analysis of receiving those bids
versus the way we're receiving the service now and recommend to the commission
a course of action.
Mr. Weiss: May we have an opportunity to be notified by your office?
Mr. Andrews: Absolutely. When we receive that, yes.
Mr. Weiss: So as not to waste the commission's time?
Mayor Ferre: Yes. I'd like to make sure that he receives it in sufficient time
so that he can analyze it. If that's alright with the rest of the commission then
we leave it that way. Thank you very much for your time.
NOTE: Commissioner Reboso entered the meeting at 3:30 P.M.
16, PERSONAL APPEARANCE
LLOYD HOWARD
COMPREHENSIVE ALCOHOLIC PROGRAM
FUND FOR PERIOD OF 1 MONTH NOT TO EXCEED
$4.nnn
The following motion was introduced by Commissioner Gordon, who moved its
adoption.
MOTION NO. 76-300
A MOTION OF INTENT TO FUND FOR A PERIOD OF ONE MONTH AT A COST NOT
TO EXCEED $4,000.00 AN ALCOHOLIC PROGRAM CONDUCTED BY LLOYD HOWARD.
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.
59 MAR 2 5 1976
PERSONAL APPEARANCE
17.
REQUEST FOR ZONING RELIEF FOR PROPOSEb APART'
MENT BUILDING TO BE BUILT AT
735 S, W. STH STREET (DENIED)
•
Mayor Ferre: Take up item #I16, This is a personal appearance by Mt. Roberto
Taboae, contractor in reference to zoning relief at 753 S.W. 5th Street.
Mr. Roberto Taboas: I am going to read a letter that I addressed to Mr, Andrews
that we went February 23 to the Building and Zoning to present again a set of plans
to get a building permit.
MR, ROBERTO TABOAS
Mayor Ferret I can't understand what you're saying.
Mr. Taboas: We presented on February 23 of this year a set of plans again, sub-
mitted a set of plans again that we presented in June 30th of last year. We thought
that getting in effect the change of this for the zoning. They rejected us•based
on the time ...and he suggested..Mr. Andrews.
Mayor Ferre: Well, now if you'll look on page 16 you will see a letter that more
or less explains what Mr. Taboas, Mr. Villa, of course, the architect is with him.
Zoning Department, let me read it into the record. "On February 23rd, 76 we went
to the Building and Zoning Department to present again a set of plans in order to
get a building permit for a new apartment." With the legal description which he
outlines, "that we owned and consist of six (6) apartment units with all requirement,
at that time, for this type of building. "
"Zoning Department rejected it, based upon that the time had passed for a while
since the first formal presentation." For that reason they are appealing it because
we should know that they presented the set of plans on June 30, ]975 before the re-
quirement or law changed and became effective for this type of lot, R-3 and the
Zoning Department should have record of it. Plans were approved initially as shown
but afterwards they had several modifications to the plans in different occasions,
for that reason some items did not comply with the Building Code as electrical, plumb-
ing, mechanicaland landscaping. Besides all this inconvenience that we have faced,
meanwhile, we could not get in all this time the proper financial commitment from
a local bank institution to build the building. It is very sad that after we bought
the lot one and a half years ago and paid for it thinking we could build six apart-
ment units, now faced that in accordance with the Building Zoning Department, we
can only build five units with the well-known damage to our economy because the
Mortgage banks at this moment will not accept this cut in the building units.
I'm sure the administration has looked into this. We had a similar problem as I
remember.
Mr. Reboso: It was approved by the Zoning?
Mr. Andrews: Mr. Mayor, we looked at that and we tried to draw some analogy that
would be of service to these people. The two conditions are not the same. In the
one instance there was work donw upon the property and I construed that the removal
of the buildings were more significant than just putting in the footings in which
the building permit would still have remained valid. In this case very simply what
has happened is that they came to the Building Department with a set of plans under
one set of zoning conditions that existed at the time they submitted the plans, the
plans did not meet the requirements of the Building Code.
Rev. Gibson: Did not meet it then?
Mr. Andrews: Did not meet the requirements of the Building Code in certain respects.
The plans perse could not be approved by the Building Department be.cause in certain
respects they did not meet the Building Code. They were returned while they were in
the process of making these adjustments new zoning had been applied to the property.
When they returned the plans then we were not in a position to be able to issue them
the building permit because now it didn't comply with the zoning. So the administrat-
ion following the ordinance does not have the liverty to interpret this. I think we
would be setting a very dangerous precedent because there is too much judgement in
this area, too wide a range of decision. The Commission has to make these things
after you've found the finding of fact and I don't even know if at that stage if Mr.
Lloyd will rule that you have the right to do so.
Mayor Ferre: What is your recommendation?
Mr. Andrews: My recommendation at this stage is not to issue the Building Permit
under these circumstances. You are getting into an area, Mr. Mayor and members of
GO)
MAR 2 5 1976
11/
40
the cofln fission that is a broad gray area in which too many things can happen and
you're going to be setting some precedents and you're going to lose cbnttol.
Please, 1 completely sytnpathize with the problem that this creates for them but
they should have had submitted a set of plans through an architect or an engineer
that did Meet the code at that titre and perhaps they wouldn't have had a problem.
See, the burden shouldn't be placed on the city that it's really our problem,
Mayor Ferrel Ok, Mt. Taboas, do you have anything you want to add to that?
Mt. Taboas: Yes, because when we presented the plan it was on time.
Mayor Ferre: But it was wrong, see, that's the problem.
Mr. Taboas: It was before the law.
Mayor Ferre: No, but it had violations.
Mr. Taboas: No, the violation was only in the matter of some items like electrical
that would have to change. ...
Mayor Terre: See, we had a similar
that the permit was actually issued
See, you haven't done that. You've
struction.
case but the difference in that case was this,
and the people had begun the construction.
never had a permit and you didn't begin con -
Mr. Taboas: No, we can't begin construction because we have to make some modifi-
cations of plans, and in the time being passed and that's when the law getting
into effect.
Rev. Gibson: But sir, at the time you presented your plans, this is what the
Manager is Baying, at the time you presented your plans your plans did not meet
the specifications.
Mr. Taboas: Meeting the specifications in a matter of a zoning but some change
has to be made in the plans.
Rev. Gibson: I'm in the process of building. Ok? Unlike the Mayor because the
Mayor.is doing it daily, but I'm in the process of building. I have a house under
construction with a building permit and all of that and if I don't finish that
- house and get an occupancy thing by now and the time I go and say it's ok, you
know what? I would have to bring that house up to the then specifications. That's
what the Manager is saying. And at the time you offered the plans the plans did
not conform...
Mr. Taboas: The plan conformed with the specification of the zoning. ...
Rev. Gibson: You didn't have in your plans while the plans conformed to the zon-
ing, you did not have in those plans what was necessary based on the way we wird
houses, put in plumbing and all of that. That's what he's saying.
Mr, Taboas: That's right. It's only a matter of some modification in the plan
itself but I don't mean the zoning. That's what I'm talking about.
r Rev. Gibson: Sir, what the Manager is saying that because of that they could not
issue the permit. The Manager is saying further in another deal that where we
stepped in is that the man not only had a building permit the man had started build-
ing when we then got a new kind of a zoning to apply to the piece of land. Now,
what appears to me is that you want to build, unfortunately that's the way the
game rune. The piece of land now has a zoning and the thing for you to do is to
have your architect draw the plane based on the now zoning and to make sure that
when he makes those plans, just like they did me, that those plans whatever you're
required you're going to put in there... That's what he's saying.
Mr. Taboas: Well, we bought this land, we
units, It is not fair that we can't build
Rev, Gibson: Sir, if you had built at the
change of zoning was under consideration.
bought thinking that we can build six
not six units, only five.
time I'm sure that you knew that the
Didn't you? Ok.
Mr. Taboas: Yes, I did but after I presented the plans for the first time,
Rev, Gibson: You knew that the change of zoning was under consideration.
Mr, Taboas: No, after I presented the plan because I presented the plan before
getting into affect.
MAR 2 51976 3
Rev, Gibson:
were drawing
But the change of zoning was
the puns.
under consideration at the time you
Mr. Taboas
Rev. Gibson:
Mr. Taboas:
After I presented the plans.
Ok, let me ask you this.
Because I presented the plan
in July something. I don't remember.
in June 30 and
Rev. Gibson: Ok, let me ask Mr. Ferencik. Mr. Ferencik,
to plane could you have issued him a building permit?
Mr. Ferencik: We could not have
that was presented.
Rev, Gibson:
Mr. Plummer:
Mr. Ferencik:
to have been
Rev, Gibson:
reasonable.
Mayor Ferre:
thR law got into affect
when that man presented
issued him a building permit on the set of plans
Good enough.
They would have had to have been modified.
Elements of the plan other than relating to
modified.
Rev. Gibson:
setting a bad
to do it.
zoning would have had
Amen. That's what he's saying, sir. And we aren't trying
We understand. It pains us far more than it pains you.
What's the will of the commission?
to be un-
Mr. Mayor, I think that the man ought to do conform otherwise we're
precedent. I'm sorry, I want to cry but you know crying isn't going
Mr. Taboas: ..precedent in this one because nobody can submit any plans after
June 30th....and we presented before the getting effect.
Mr. Plummer: The lawyer is sitting here
break in but I will, legally we can't do
Mayor Ferre: Legally you're ruling that
Mr. Lloyd: That's what I'm saying.
Mayor Ferre: Would you give me the
saying to me, and he doesn't want to
anything period. amen.
we cannot do anything?
reason?
Mr. Lloyd: Yes. Because he had no building permit before the zoning was changed.
So because as the good Father just found out the building permit could not be
issued on the set of plans other than zoning.
Mayor Ferre: I want Mr. Taboas to understand why you're ruling the way you are.
We are legally not able to ruld to give him any relief.
Mr. Lloyd: That's right. The commission is legally unable to give you relief
because what they would be giving you is a use variance which is impossible to
give you under the present zoning ordinance.
Mr. Taboas; What about if I present a set of plans?
Mayor Ferre: Mr. Taboas, I can give you an answer if you want. I'll give you a
solution to your problem. The legal solution because what you're asking us to do
we cannot do it. It is illegal. There is a legal way for you to go about this.
You ask for a variance and that menas that you've got to now go through... That's
illegal? Then you go through the process. Mr. Taboas, if you ask for a variance
and when you come up before the various boards you explain the situation and then
I think, I'm not a lawyer, but I would imagine that that constitutes financial
hardship and you've got a good reason to back that. You might be able to get the
boards, and I can't rule what this commission would do, but certainly....
Mr. Lloyd: Mr. Mayor, actually this would be an attempt at a density variance
and a density variance for city purposes under the ordinance is considered a use
variance which you can't get. I'm sorry, Mr. Mayor, I'm sorry to be the villan
but I have to tell you what I have to tell you.
Mayor Ferre; John, you're not the villan you are doing your job. Nobody can get
angry at you for that - you're doing your job. I wish we could help you. I don't
know can anybody think of another solution?
62
MAR 2 5 1976
s
?4r. Lloyd: t have to apologize to the gentlemen but I Tee no solution.
Mayor Fette: As long as the City Attotney rules; I'll tell you t was going to
vote in favor of granting you something because I think you've got a valid argu-
rent which is not precedent setting because I doubt very much if there ate that
many people who brought in permits.
Mt. Andrews: Mr. Mayor, please, I am in no way making any accusations as far as
these gentlemen are concerned. Let me give you a hypothetical case in the future.
If you permit this and as father is saying, there is pending zoning on property
people can turn in a sloppy a set of plans as you could possibly find to the Build-
ing Department and claim that they had a set of plans and they rejected it.
Mayor Ferret Paul, you may be right but it doesn't matter now because it is all
academic -.it is illegal. There is nothing we can do.
Mr. Taboas: With all my respect to the City Manager, what is the reason that if
I present the plan beforethe getting in effect? Why don't I get the same? Even
because I don't have the building permit?
Mayor Ferre: Mr. Taboas, it doesn't matter what his answer or your point is.
The City Attorney has ruled the matter illegal. So he may have a perfect answer
or say I'm wrong and you are right - it is illegal, there is nothing we can do.
Under the laws we cannot grant you what you are requesting even if we wanted to
do it but we cannot do it. It is against the law and this is a city and a country
of laws. That's it. The only place you've got relief now as I know it is the
courts. You can always go to court but there is legally noway that we can help
you unless somebody can think up a solution. I apologize and I'm sorry for the
inconvenience this causes you.
18, PERSONAL APPEARANCE
MRS, CHARLES STARKEY
Mrs. Charles Starkey: Mr. Mayor, City Commissioners, ladies and gentlemen, we
are here in behalf of the taxpayers of the City of Miami and the Little Havana
Community in the neighborhood of the Trail Mini -Park, Those who pay taxes and
those who pay rent, both of which continue to rise at an astronomical rate. We,
as citizens, are asked to tighten our belts and the city budgets are being cut
to eliminate all unnecessary expenses and yet the City Commission votes to spend
over $]00,000 on a mini -park on a lot 55 x 90. in fact, that much money is being
spent on two mini -parks that size. The Parks Department had a plan for develop-
ment of this park at a coat of $]7,000 and while this was not an elaborate plan
it surely would have been adequate for a lot this size. The present contract will
cost $56,248 plus $5,624.80 plus $]]24.20 which is approximately $63,000 added to
the cost of a lot of $34,000 which is very close to be a hundred thousand dollars
initially. The City Commissioners resolved to waive sanitary facilities for the
mini -park yet a commercial bakery next door had been asked to donate the use of
his sanitary facilities for the park which, of course, would have been against
the Board of Health regulations. There is even a discrepancy in the contract pro-
posal in that West Side Nursery is listed as the landscape sub -contractor at a
cost of $9,660 when in fact, on the break down the landscape sub -contractor is
Letoff? Nurseries at a coat of $8,700 with no prior commission from the Public
Works Department to make any changes which is a requirement. There are 36 trees
listed in the landscape proposal yet on 3] shown on the plan. However, on a lot
only 55 x 90 with 3 small buildings how can 31 trees be planted in squares 3 x 3
feet with 6 feet center to center that are ]8 feet high and still have room to
grow? In fact, even the landscape shrubbery and plantings that are shown on the
plans are so close together now that there would not be room for them to grow in
the future and without any sprinkler system included in the plans how would this
landscaping grow in any event without being watered? Black Olive trees according
to all reports should be planted at least 20 feet apart according to the experts.
Why is it necessary to have 24 extremely elaborate, the Cadillac of lighting fixt-
ures at a cost of over $20,000 for electrical work? They can use Volkswagen light-
ing fixtures as far as I'm concerned, Or two expensive ventillator fans in open-
air shelters? How many other parks in this city have this type of electrical fixt-
urea or ventillator fans in the open-air shelters? And exactly how much will it
cost for electricity each month for these lights and fans to operate on almost a
24 hour basis that the taxpayers are going to be paying for? how much is the elect-
ric bill for the other parks? What is to prevent this expensive fixtures from being
stolen? Since the building permit states this is a domino chess and checker mint -
pea why were no tables provided? The domino players do not play on card tables
as had been suggested that they will bring their own but they play on homemade spec-
ial the topped tables so the dominos will slide. Will they bring these homemade
TRAIL MINI -PARK
CITY MANAGER TO ANSWER
WRITTEN QUESTIONS
tables into this expensive park from across the street? There are about 20 or
30 domino players involved that this park is being built for. Since space is
being reserved for future sanitary facilities the cost of same would be another
appiroxitate $30,000 added to the initial cost if these ate installed and since
perking requirements have been waived the cars of the people using the park will
cause further parking congestion in an area that does not presently have adequate
parking. And if the Tower Parking Lot is used by the people using the park Wot►etco
will again be asking for more parking in the residential area. The bids on this
park were closed as of December 23rd and the City Commissioners voted to accept
the contract on January 8th which is the fastest our city fathers have ever acted
on anything especially over the Christmas holidays, This park is supposedly what
the Latin community wants. However, no public hearings were ever held and as I
have personally been out in the neighborhood getting signatures against Wometco's
parking lot a few months ago I personally know that most of those people were
opposed to the park since it is a nuisance as the domino players are there until
the wee hours of the night disturbing the neighbors so they cannot sleep and the
police do not enforce the 11 O'Clock noise ordinance. the women in the neighbor-
hood are afraid to walk near the park and the men who do not play dominos or chess
or checkers do not use the park and the neighbors also do not condone the gambling
that is going on in the park at all times. It is only the Latin Chamber of Com-
merce and the Latin merchants who want the parks supposedly to benefit their bus-
inesses and as a tourist attraction. If so, then let the Latin merchants contri-
bute to the excessive cost of this park. Mr. Alvarez, the architect had donated
his plans for the park as a public service. However, Public Works nor Planning
did not supervise the elaborate specifications.
Mayor Ferre: Mrs. Starkey, excuse me for interrupting you, how much longer do you
think your presentation will take?
Mrs. Starkey: Just a few seconds, Mr. Mayor. Since the Latin merchants had offered
to donate the planning, statues and fountains to beautify the area from the S.W.
]2th Avenue to S.W. ]7th Avenue they did not donate anything and it has cost the
taxpayers approximately $8700 for the Black Olive trees and the Wedelia ground
cover that was planted which most of it has already died for lack of being watered.
The 2 x 4 shanty that was thrown up on the empty park lot around Christmas time
and which remains there until the park dedication by the City Commissioners and
is now across the street as you know is in violation of every zoning and electrical
regulation in the City of Miami. However, it is still standing as a neighborhood
eye sore. All city parks close at 10 P.M. What will be the closing hours of this
park? The comino players presently continue to play in their makeshift shanty until
12, ] or 2 every morning. What is to prevent them from continuing in the park?
They used to play by the corner street light before they hung up their illegal neon
lights. I have only 22 signatures on the petition against the park but would have
had many more and many more neighbors would be here at the public hearing except
that they hesitate to be identified for fear of retalliation from their possibly
more violent neighbors. We are not as taxpayers objecting to the park, however,
if it will conform to the rules and regulations of all other parks but we are cer-
tainly loudly objecting to this excessive expenditure. If the city has so much
excess money in the Parks for People Bond Issue to spend where this fund is coming
from then let them spend it to replace all the palm treesthat were cut down due
to the lethal yellowing in the entire city and beautify the whole city, not just
one tiny corner lot that's 55 x 90. Thank you.
Mayor Ferre: Thank you, Mrs. Starkey, and I really want to congratulate you for
the thoroughness and the depth that you have researched this whole item. Obviously
you have some very deep and strong feelings on this and I think that is quite appar-
ent.
Mrs. Starkey: I'm speaking for the taxpayers, Mr. Ferre.
Mayor Ferre: Well, I think nobody can assume that role unilaterally. I think you
are, of course, speaking for yourself and the people that are here with you and
those that signed your petition.
Mrs. Starkey: And also those that I've spoken to in the neighborhood.
Mayor Ferre: I'm sure and I'm sure that if we had a public hearing you could get
500 people here and I guarantee you that there would be 500 people that would have
exactly the opposite viewpoint but that's not what we're here to determine. I would
assume that all of the ladies, would all of you raise your hands that are here on
this item that have an interest on this item? All of you, of course, agree with
Mrs. Starkey's presentation. Now what is it you would like for us to do, Mrs.
Starkey?
r MAR 251976
Mips. Statkey: I'M as trig a few questions, I'd like a few answers of those quest-
ions.
Mayor Tatra: Let's go over your questions specifically.
Mrs. Starkey: Ali rights Why were all of the normal procedures by -ass ed simply
because Raul Alvatet donated his free plans as a public service which are More
costly than any other plan the city has been involved in ih any other pmtk in the
area?
Mayor yerre: Well, let me in part try to answer that and let the Manager t;nswer
the rest of it if he wants to► This item of this park has been in the process for
three years. I don't think it's been, as a matter of fact,...
Mrs. Starkey: I beg your pardon, it hasn't been involved for three years, the
property was just bought about a year ago.
Mayor ferret You're correct and we've been looking for a property for two years
before that and I stand on my statement that this matter has been in process since
November of 1973 because that was the time that I was elected and that was a cam-
paign pledge that I openly and publically made on repeated times that we would have
a mini -park in the Little Havana area like we will have mini -parks hopefully in
every other single neighborhood in the community and I want to tell you that that
will not be the only mini -park that we're going to build if I have the good fortone
of being around I intend to see dozens of mini -parks built. It is one of the most
effective and useful ways of getting people to have recreational facilities avail-
able. It will not be limited to Little Havana, it will not be just for the Cuban -
American people, it will be for all the people of Miami - the Culmer Center and
the Downtown Center, we are presently constructing that I can recall three or four
mini -parks. I hope that we'll have a dozen of them under construction. They are
all costing over $)00,000. We have spent 46..nearly 5 million dollars in the park
at Bayfront Park. It is one of the most expensive parks that's ever been built not
in Miami in the United States.
Mrs. Starkey: How big is that park?
Mayor Ferre: That park is a 35 acre park. I guarantee you that that same money
spent, $]00,000 at a time in neighborhood parks would do more good and bring more
people all over this community. The reason why the Parks for People Program passed
was precisely because we made a promise that all of the people would have parks and
that all of the neighborhoods and as far as I'm concerned we're keeping that promise.
Mrs. Starkey: Then why is this park specifically for domino, chess and checker
players? There will be no room for any body else to be in that park at any time
because the domino players have been playing on that lot for the past 5 years.
Mayor Ferre: Mrs. Starkey, in Coconut Grove some of the parka are full of long-
haired beared individuals that people sometimes refer to or used to refer to as
hippies. Now some of the neighbors complained that they don't have a right to use
those parks. Well, it just happens that those people with long hair and beards
live in that area and they're the ones that happen to want to use the park. In
other parks up here at Glenn Bluff the people happen to have children and there are
many who say we don't want these screaming children in that park - they're the people
that live in that area. And over here we've got people that like to jog and throw
those frisbies around and in the black area we have black people using the parka
and there are no white children there. And over there by the river where all of
those senior citizens live they're all old people. What's the name of that park,
Lummus Park?
Mrs. Starkey: We're not objecting to the park, we're only objecting to the expend-
iture.
Mayor Ferre: Well, if you will look at the other parks that the city...
Mrs. Starkey: How many other parks have cost $)00,000 that are on a lot 55 x 90?
Mayor Ferre: Well, I know of one right now. How much, Mr. Andrews, is the park
that we're building across from the County Courthouse? How much is that going to
coat?
Mr. Andrews; Approximately $J00,000, just about twice the amount that we spent,.,
Mayor Ferre: Are you complaining about that one too?
65
MAR 2 51976
Mrs. Starkey:
understand is
Yes, but one park at a time is my problem now, the one downtown I
going to have a decorative waterfall which is very expensive.
Mayor Ferre:
Yes, ra'atn.
*me Starkey: tt's going to have a concession stand which this particular park
doom not have: It is a completely different type of park and even that expenditure
is dither extreme. But that park, by the way, why when we have a perfectly capable
Parks Department we're paying high salaries for their expertise, why do we have to
go out and hire an outside consultant for that particular park?
Mayor Ferre: .For the very same reason, Mrs. Starkey, that we hired an architect to
design the Police Building. We could have done it in house. Why did we go out
and get an architect to do that?
Mre. Starkey: Why? This is an expenditure of excess money.
Mayor Ferre: Yes. 0f course, and why -does the United States Senate get an architect
to build a new Senate Building or sny federal building? And why did Metropolitan
Dade County go get a Canadian architect to design the port? Because we want to be
a community of quality. And the only way you can get quality design is you go out
and you get people who are specifically qualified to do these type of jobs.
Mrs. Starkey: Well, if you don't hire qualified people then why are we paying these
kind of salaries to these people if they're not qualified to do the job they're hired
for?
Mayor Ferre: We don't have anybody who is a renowned landscape architect so we go
get Edward Durrell Stone to design Bayfront Park.
Mrs. Starkey: What renowned architect would plant 3] trees )8 feet high on a spot
55 x 90?
Mayor Ferre: It sounds pretty attractive to me. You may not like it, it sounds
pretty good to me.
Mrs. Starkey: How will these trees grow? I'd like to have a landscape architect
explain this to me.
Mr. Plummer: Mr. Mayor, may I please do this? We've gone through this and Mrs.
Starkey, regardless I respect you and I've met with you on many occasions. Mr.
Mayor, none of the answers that you might give Mrs. Starkey is going to satisfy her.
There is no question. She is totally opposed and that is her right. Now the only
thing that I think she also has the right is to answers. Now what I would like,
through the administration if I can catch their attention, that Mrs. Starkey has
certain questions that she wants answers and I think she is entitled to them. Mrs.
Starkey, I would suggest to you through the Mayor that you surrender to Mr. Andrews
those questions which you feel you want an answer.
Mrs. Starkey: Mr. Plummer, I ....
Mr. Plummer: May I finish?
Mrs. Starkey: I'm sorry.
Mr. Plummer: And then the Manager will answer those questions for you to the best
of his ability and if you take exception with his answers then I know of nothing
else but to come back here. But you are entitled to answers.
Mrs. Starkey: Mr. Plummer, I have been in and out of the city departments for the
past month researching this and I have gotten no answers to any of these questions.
That is why I am here asking these questions now. No one in the city departments
can answer the questions. You can ask each member, I've been there. I'tn getting
no answers.
Mr, Andrews: Mr. Mayor and members of the commission, I can assure you that if
Mrs. Starkey will, and I hate to put her through that trouble she can do it in hand
writing if she wishes, to put her questions down in writing and 'transmit them to
me I will assure you,...
Mrs, Starkey: Mr. Plummer, I have had them in writing, I have written a three page
letter to Mayor Ferre which you have a copy asking these self —same questions. I
have been to each building department, I have asked the Planning Department, I have
asked the Plumbing Department, I have asked the Electrical Department, I have asked
66 MAR 2 51976
Public Works Depatt>en wind Public Parks Department and have gotte► just the
answers that I am asking here. I have gotten no concrete answers, nobody knows
the answers, each tan has told me.
Mr. Plummer: Alright, Mrs. Starkey; what I'm saying, you have asked your quest
ions of the wrong people.
Mrs. Starkey: I have asked the questions of the people who are supposed to be in
charge of this park and they have not given me any answers: If your pity depart..
tent doesn't work that way then who am i supposed to ask the questions of? This
is why I'm here today.
Rev. Gibson: Mr. Mayor, 1 wonder if this could happen, two things. Mrs. Starkey,
you have come to us and we are now suggesting to the Manager and the administat-
ion that you get those answers and I feel certain they will perform in this in-
stance as they have performed in the past when a suggestion is made to them. That's
il]. #2, I want to say this for the record. My brotheren, if those Latins want
to play checkers and domino more power to them because you know you could play
some other things. And if checkers and dominos makes them happy I want them happy
because I want to tell you this. You know I eat, folk like this eat collard
greens and chittlings and neck bones and all that kind of thing. You know. And
I don't plan to have nobody make up that menu for me. Do you know what I'm talk-
ing about? Now, they like checkers. The American way of life is golf and some
of those other things. Now I hope, 1 pray that Mrs. Starkey, I'm going to give
you a copy of that prayer.I gave this morning and I hope (I'm going to ask my
assistant to give you a copy, she hears me now. She's in the office. I want her
to bring a copy of that prayer.). For God's sake, let us try to understand each
other in this community. We need it. Mrs. Starkey, you and I are on the same
team when we were getting that zoning. I hope and pray that we could stay on the
same team.
Mrs. Starkey: We're still on the same team, I'm still looking out for the taxpayers
money in this instance and I am not opposed to the park, I'm not opposed to dominos,
checkers or chess. The only thing I'm opposed to is the expenditure of this amount
of money that is completely out of line with what is going in.
Rev. Gibson: If I could answer this, let me say this. You know since some of us
don't play domino and don't play checkers we may not know what it takes to have
a good public facility and I trust you will tolerate my telling you this. Now I
would want them to have the best the most elaborate domino checker playing area
so that when you have championships around here we don't have to be embarrassed
nor ashamed. Those of us who attended the boxing business the other night. Where
is J. L. Plummer?
Mr. Plummer: Right here.
Rev. Gibson: We must be very very grateful to Plummer and Rose who serve on that
committee. They are trying in three years to bring us up and into the ball game.
I would hate for us to be unaware of that. Now Mrs. Starkey, I'm sure you know
how I feel.
Mrs. Starkey: Absolutely.
Rev. Gibson: And I want to make sure and give you this as a gift from me to you
that you won't forget.
Mrs. Starkey: Thank you, Reverend Gibson, however, I'm still concerned about the
same thing, the escessive excessive expenditures of money for a domino park which
could have been built for much less money and possibly been just as beautiful.
There are no domino tables in this domino park. That's rather ridiculous, isn't
it if this is a park for the domino players?
Mr. Plummer: Mr. Mayor, I make a motion at this time that Mrs. Starkey submit to
the Manager in writing those questions that she wishes answers for and that the
Manager report back to this commission no later than the ]5th of April and we can
discuss it if necessary again at the meeting on the 22nd of April.
Mrs. Starkey: Commissioner Plummer, may we have those answers in public at that
time then?
Mr. Plummer: Very definitely.
Mrs, Starkey: I thank you very much.
67
MAR 2 51976
Mayor Ferre: in public. you mean you're going to have public hearing.
Mt. Plummer: No, I didn't say that. Any record that is given to me as a commis-
sioner is a public record.
Mrs► Starkey: Mr. Plummer, may I answer one thing. That park is in the process of
being completed at the present time. By the 22nd of April it will have been com=
pleted so whatever questions I asked will have been mute because the park will have
been completed and you will be spending that kind of money to pay for it.
Mayor Ferret Well we're not going to stop that park, Mrs. Starkey.
Mrs, Starkey: I'm not asking you to stop the park. I'm asking you to not spend
this unnecessary money on this park.
Mayor Ferre: Mrs. Starkey, let me ask you a question. You live on
you?
55th Street, do
Mrs. Starkey: I live on S.W. 50th Avenue. We have owned property in Little Havana
for a period of 25 years.
(INAUDIBLE)
Mayor Ferre: I'm not
right to speak out as
you lived out on 55th
High Park is?
questioning your qualifications to speak out. You have a
a citizen but I'm just trying to ask this. I thought that
near Robert King High Park. Do you know where Robert King
Mrs. Starkey: No. We live in the Little Havana area for 20 years and there were
never any parks built with our taxpayers money then and they haven't been.
Mayor Ferre: Does that make it wrong now?
Mrs. Starkey: No, of course not. But why spend this kind of money? How many
other parks are costing $]00,000 with the exception of the one down town?
Mayor Ferre:
Mrs. Starkey:
Mayor Ferre:
what the park
we were going
is that going
Several.
Just the one downtown, that's all.
And I guarantee you there will be dozens that will be built. That's
costs. Mr. Andrews, let me ask you a question. The Velladrome that
to build or are in the middle of building or what have you, how much
to cost?
Mr. Andrews: Mr. Mayor, I'm ready to supply a report to the City Commission and
at this moment I can't recommend to the commission because the cost is going to
start exceeding $300,000 and we had planned on 90.
Mayor Ferre: Ok. But you at one
to cost and we approved $]00,000.
time recommended before we knew what it was going
Mr. Andrews: Yes.
Mayor Ferre: Now are you going to protest that one too, the Velladrome for $]00,000?
Mr. Andrews: Mr. Mayor, can I assist the commission...
Mr. Plummer: I have a motion on the floor.
Mr. Andrews: Oh, I'm sorry.
Mrs. Starkey: By the 22nd of April we will have forgotten about it because the
park will be completed and all the answers to the questions won't make any difference.
Rev. Gibson: Mr. Mayor, let me say this, Mrs. Starkey, you and I are friends so
I guess I could. I would hate that you think that by asking the questions you're
going to stop the park because if we have contracts on that park no way in the world
even if we pay those people and get nothing or we get the little that you say we're
getting and we'll have that. So I would hope, Mrs. Starkey, that you would be pat-
ient, let us get the figures then after that we could do what we want to.
Mrs. Starkey: But there have been parks that have beeh stopped because of Opposit-
ion from the neighborhood and the contract has been stopped and the people have been
1
68 MAR 251976
paid off and the neigh orhood people were just as happy about it because they
did not get the park:
Rev. Gibson: Ok, t'll tell you what I'm willing to do and then I'm going to hush,
I hope we on the 22nd or right now, tomorrow if you wish, will trite out there ai%d
advertise that all the people that protest having that park built cote down here
and tell us. That will be the cutting of the mustard. You'll find Out, now I've
been out there. I admire the way the city has beautified those Streets and how
you tide in and out. I was amazed, aghast. My brotheren, you can't live in 1976
like you ]989 and you can't live in 76 as you lived in j950. Nowt you know we've
just got to understand that. And those people love dominos, thank God for them.
I wish I had sense enough to love them.
Mrs. Starkey: That's fine, I have no objections to the dominos, it's a nuisance
to the neighbors but I'm objecting to the expenditure of this autount of money.
Mayor Ferret All right. It's now 4:30 and I think we've gone as far as'I'm will-
ing to go on this item. Mr. Andrews, do you want to add something to it?
Mr. Andrews: Well, only that I hate to see the record reflect what Mts. Starkey
is saying without the city at least defending itself. I want it on the record
that in my judgement in all the years that I've been associated with the City of
Miami and watched the development of parks and the amount of money that it takes
to develop parks that if you were to measure the cost benefit ratio, and that means
the number of people that will use that small park in relation to some of the
larger parks that you have you'll find out that the larger parks are ]0 times more
expensive than that small park.
Mayor Ferre: No question about it. Thank you, Mr. Andrews. And I completely
subscribe to that theory. Now there is a motion by Mr. Plummer that Mrs. Starkey
receive answers to her questions by April 22nd. Is there a second to that motion?
The preceding motion, introduced by Mr. Plummer and seconded by Rev. Gibson
was passed and adopted by a unanimous vote. SAID MOTION WAS DESIGNATED it 76-301.
Mayor Ferre: In voting let me say that I think that park is a wonderful park, I'm
j00% behind it, I don't apologize one iota for it. I'll debate you anytime you
want and I'll take it and I'm going to tell you right now, I'm running for reelect-
ion in November of j977 and I will be looking for you any place any time to discuss
this item.
Mrs. Starkey: I hope all the domino players vote for you, Mayor Ferre.
Mayor Ferre: I don't expect for anybody else who feels differently to vote for me.
PERSONAL APPEARANCE
19, ATTY, J, Mc CREARY
REQUESTING PROMOTION OF PERSONS TO CONFORM
WITH INTENT AND PROVISIONS OF CONSENT DECREE
(OFFICER WHITE IN THE POLICE DEPARTMENT)
Mr. Andrews: Mr. Mayor and members of the commission, to verify what Mr. Mc Creary
was saying, we did receive a letter. Well, he had indicated and we were in kind
of dispute because I hadn't seen the letter myself and I want to verify now that
the city did receive a letter from him requesting that he be put on this agenda.
Unfortunately, it arrived one day later in relation to the make up of the agenda
and I contracted the amount of time.
Mr. Jessie Mc Creary: Thank you, Mr. Mayor, I don't play dominos and checkers but
I will probably vote for you again. Members of the commission, Mr. Andrews, that's
about as nice as I can get with the commission at this point. I heard the Mayor
say a few minutes ago that this is a city and a country of laws. Father Gibson at
a subsequent time said we must understand each other and I suppose that's what
Lyndon Johnson had in mind when he said, "Come let us reason together" and that's
simply what I want to do today. February 23rd, 76 I sent to the Manager a letter
expressing the desire of certain members of the Miami Police Community Association
to be considered for a promotion pursuant to the Consent Decree that was signed by
Federal Judge Joe Eaton on February ]8th. To that letter I received no reply. On
March 8, ]976 pursuant to the previous letter of the 23rd I addressed the letter
to the City Manager with copies to all the commissioners and the Mayor indicating
that there had occured a vacancy unfortunately in the City of Miami Police Depart-
ment of a Sergeant Harris and that by my own calculations and calculations of other
persons in a position to know that one member of the affecged class, a Mt. Ralph
White with 3] years of service desired to avail himself of the provisions of the
Consent Decree. To that matter; I have received no reply. One of the things I'm.
69 MAR 251976
asking today is what are we about with the Consent Decree (1) I have made every
effort to apprise the commmission of the people that I represent that they want to
be included since there have been no guidelines, none at all for over six weeks now,
(2) I have apprised the Commission and the manager that (1) there was a person we
thought qualified for that first sergeant position and to that there has been no
reply. And by the way, 1 sent a copy of that to the City Attorney and I made some
reference that he would agree that my Interpretation was the correct one that the
Consent Decree stated specifically that it was to take affect immediately. Now it
appears now that what is happening is that the city is once again playing games.
We are making requests. All along we thought that we had a Consent Decree worked
out that we could as gentlemen or as ladies go about doing what had to be done and
not get the city involved in a lot of litigation again. Now let me tell you what
this poses as a practical problem. There is an examination that's scheduled for
the first week in April I think, some kind of examination that I believe may have
to do with promotions. Now the city would be in chaos if that entire examining
process were stopped in this city and that's not outside the realm of possibility,
Now the city has some very clear options here. You can cause this city to come to
a acreaching halt completely polarizing the community or we can proceed to abide by
the Consent Decree as it is written. Now there have been no answers, everybody is
lackadaisical about it and there are those that say the Consent Decree will never
be but the United States Supreme Court yesterday gave a little more impetus to what
we are about to do. Now I'm proposing to the City Commission, to the Manager, to
everyone today as I said it to one Commissioner individually that for the last time
I have been nice. I have no intentions anymore. And so that the commission knows
and so the City Attorney knows already I have already filed in the federal court a
motion to intervene as a plaintiff on the side of the government and it is my intent
to stop the examination unless something is done. Now six weeks have gone, nothing
has happened. I have done every conceivable thing that I could do and it's not
only going to involve the Police Department, if the examinations are stopped it is
going to involve every department in this city and I think that these are things
that deserve answers.
Mr. Andrews: Well, the only thing that I can assure this commission and Mr. Mc Creary
is that we are very conscious of the fact that we must react to this Consent Decree.
I have not made the kind of appointments that need to be made under this Consent
Decree because the process of what I must do under the Consent Decree will be spelled
of very shortly and Mr. Lloyd has assured me that he will have that information in
my hands in the very near future so that we can proceed. We've taken some interim
steps to establish interim procedures until we get the final procedures for the con-
duct of all the department directors in the city to carry out the intent of the Con-
sent Decree. This is a complicated process. It is obviously a new one for the city
while to some the Consent Decree may be completely clear as to what is required to
me there are some very complicated areas and areas that we need to take proper first
steps. If we do not we are going to create some problems that will be extremely
difficult to recover from. I would rather travel a little slower in the beginning
to insure that that which we are doing is proper and just to everyone concerned
rather than move into an area of, in all due respect, Mr. Mc Creary to go ahead
and promote this officer to the position you're suggesting without establishing a
proper procedure in which we will implement the entire Consent Decree. And I real-
ize that perhaps you're justified in your complaint - the six weeks have gone by.
I can understand perhaps impatience due to the fact that this whole process has
taken this long from the point of beginning last August through the adoption of a
Consent Decree and now that the Consent Decree has been put into law as far as the
City of Miami is concerned that another six weeks have gone by and there hasn't
been any action.
Rev. Gibson: Mr. Mayor, 1 want every member of the commission to hear this because
I don't want to have you think I'm an enemy, I'm a friend I'm a brother. The City
of Miami is first for me and then all the others came next. Mr. Andrews, as I hear
you I'm a little disturbed and I wasn't going to be disturbed if Jessie hadn't said
what he said, if Jessie didn't have to come. I want to say to the commission that
I, there are two or three things in my mind. I was very disturbed that the Mayor
and the rest of the commission did not understand what I was saying about that per-
son in the Affirmative Action position. I am going to die and if I die, when I
die if I'm not here you all are going to say, "That old black boy was right" I am
in a system much like this and I know what I was talking about. I'm going to let
old Father Time say, "Gibson, you were dead right". You know you usually say it
that you don't get the point when I first talk but if you listen to me later on
you'll, Ok. Let me also point out to the commission, Rose, I'm going to say it
like that man that wanted to out preach me this morning because you know I expect
this commission to be forthright, positive and affirmative in some of these matters.
Now you know I didn't come here to preach racial segregation or liberation, now rem-
ember that, I just want to do right. In the Sanitation Department you have the
similar situation. I wasn't going to mention it. I was hoping Mr, Andrews and I
E MAR 2 5 17
you know as I try to Al go in that office and talk as iffothers. But Tit. Mayor,
Manolo, you'd know because you're going to have to cut this Mustard, all. of us. In
the Sanitation bepartntettt you have a eihilar situation. And you know what appeats
to be happening? We appear to be moving on all of these promotions of a kind and
then you know talking about the Consent Decree and we're going to cteate the ptob,,
leans. We ought to stop moving anybody anywhere. That's what ought to happen itt
this city, Right, J. L. I know you want to have a heart attack but I could under.,
stand. We ought to stop moving anybody anywhere until we settle this matter because
let me tell you what for the public. While we're being nice and polite everybody
is {moving where they want to move. Everybody is moving where they want to move,
everybody is taking the examination and everybody is getting in position so that
when we finally get the darned rules written up well you know, Ted, you're so tight
but the Civil Service says we can't do this. I hope you get the inference, I'rn
throught
Mr. Mc Creary: Let me continue for a minute here.
Rev. Gibson: Wait a minute. And Mr. Mayor, with the reference to the Sanitation
Department, I hope you will let those men speak when Jessie is through because those
men were with me in the conference with Mr. Andrews and let me tell you this, they
were not wrong. They were not wrong. You may have some eye openers.
Mr. Mc Creary: Let me just continue with this and I know there's some concern as
to why I would want to atop the examination. The history of the past has taught me
something about the city and it teaches us something about every side. Those in
power get all they can when they hear that the new boy is coming to the block. Back
in 1969, August 15th the City of Miami promoted 26 sergeants at the time that they
heard that black officers were going to move to the station, among them the Chief
of Police, Garland Watkins at a place where there were not positions. And I'm afraid
if that examination is not stopped that we're going to find the same thing. The
people are going to once again be promoted, going to use that examination to promote
them and those persons of the affected class, not only the N.C.P.B.A. but I'm talk-
ing about Latins, women and everybody else are going to be lost. And the only thing
that we have to insure that this city acts properly is to stop the examination, to
carry the big stick that Teddy Roosevelt talked about because every time we have taken
the soft road and say, "Well the city is operating in good faith" you answer it, you
know what I've gotten - one black major as Commissioner Plummer points out, Univer-
sity of Chicago, that's right. What else? Nothing.
Mr. Plummer: If Jessie Mc Creary had the right as a commissioner today, what would
you do?
Mr. Mc Creary: What would I do as a commissioner? I would direct the city adminis-
tration that once we must once and for all show all members of this community that
we mean business and we are going to not do anything with any examination until the
guidelines for this Consent Decree are worked out. Now the problem, let me say this
now for one section of the city; I don't have a problem with Civil Service. You
know the problem may be, I don't know why Mr. Andrews doesn't have it. It may be
because the Law Department has not given it to him but you know somebody has to
answer to the commission. You he probably correctly points out that I'm justified
in being here 6 weeks is a long time, but somebody has to have some answers with
this commission. This is not a joke that people think it is. It's $]2,000,000 or
$8,000,000 that this city needs and not one of you can every say that I've tried to
stop this city from getting any money, if you've ever asked me to do anything on
behalf of the city I've done it willingly but I cannot in good faith as a lawyer
as a human being sit any longer and let the people that I represent wonder what is
the city going to do. I have no alternative except to make every attempt in federal
court either under the Cohen Lawsuit or either under the present Consent Decree where
there is a hearing scheduled for this coming Monday to stop all examinations.
Mr. Plummer: Mr. Andrews?
Mr. Andrews: The only thing I can tell you is that I hope that we will have very
shortly the rules and guidelines to administer this Consent Decree and as soon as
I receive them I can assure you that we'll put them into affect and move forward
accordingly.
Mr. Plummer; Is it your intent to do it before the exam is given?
Mr. Andrews: I hope so, yes, sir.
Mr. Plummer: You see, I think that's what Mr. Mc Creary is saying you hope so
don't do it. In other words let me ask this question just for my ... examination
being given?
71
Mt. Andrews: Mr. Paulk can answer that better than I can.
Mt, Robert Paulk: Mr. Mayor and members of the commission, on the date of the
signing of the Consent Decree I issued orders in the Ciyi1-Service Office not to
take any further referals for any requisitions that we had. The requisitions that
we had on hand that referals had been made prior to the signing of the Consent
Decree were attempted to be facilitated in the moving of the people into positions
because interviews had been made, people had been selected and for the most part
those positions have been filled. Now the position that Mr. Mc Creary bring to
the attention of the commission at this time is one that we have not got a requisite
lot on. Not only do we not have a requisition on it but we have no register from
which to refer. There is an examination schedule for the 30th for the sergeant's
examination that is to be conducted by the University of Chicago under the terms
of the Cohen Suit or the Cohen Decree and there is also a Lieutenant of Police
examination scheduled for the 6th of Aprilalso under the sam decree. So there
are no referrals that have been made since the ]8th of February with two except-
ions and those two exceptions are to fill position of Interrogation Stenographer
in which the city has been trying to fill for in excess of 6 months in which the
applicants that were on the register two of them were Latin females and one was
another female that I don't know the origin. We did fill one of those positions,
the lady has subsequently resigned effective today. We are filling that position
again next Monday and I don't think that's a position that Mc Creary would be in
opposition to. It will meet the terms of the Consent Decree, there's no quest-
ion about it. There is also another position that we have made refrence or referal
for to be filled but due to the returning of another employee from an illness the
position is not to be filled, the person is returning to her job and another person
who was hired in a temporary status is being relocated within the Police Department.
so outside of that there are no positions that have been referred to be filled. It
is my understanding that the Fire Department has some vacancies and I'm not speaking
of entrance vacancies. As this commission is aware there are four people who have ''
retired that this commission honored today. There are two Chief Fire Officers and
there was one Fire Captain and one Fire Fighter. In the Consent Decree there are
no affected class members that can be within the rank of Fire Captain who would be
possibly considered to be advanced or promoted to the position of Chief Fire Officer.
I believe that this matter has been discussed with Mr. Andrews. I was not privil-
edged to that discussion so I think he can fill you in on that. I am simply say-
ing to the commission that there are no members of the affected class within the
subordinate rank of Chief Fire Officer that can be by goals or they can be by being
identified as a member of the affected class to be considered to be promoted to
the rank of Chief Fire Officer. By the same token there are no affected class
members who fall within the ranks of Lieutenant of Fire who could be considered
to fill the vacancy of the Fire Captain who is retiring sometime, I think tomorrow
is his last duty day and he was one of the four people that you honored here today
with the plaque. But I do not have requisitions for those positions. We have made
no referrals but I am aware the the City Manager has discussed with the Fire Chief
the possibilities of filling those positions which we have made no referrals for.
Rev. Gibson: Let me raise a question. You see, I don't understand all of these
things that you all talk about but I only know how to count and I count faces. Ok.
Tell me how, this is the kind of thing I like to have an answer for. In the Sanit-
ation Department on the day of election I went out there. There are about 400
black folk in the Sanitation Department. Listen to this, Mr. Mayor. J. L., I want
you to hear this. There are about 400 people that work for the Sanitation Depart-
ment. Now you know black folk may not be able to operate all these technical things
you all have but they dog gone sure carry that garbage and all that business. You
know you swear we can't do much more than that. Four hundred black folk there, you
got J2 foremen. Now listen to this. Four hundred black folk, ]2 foremen. One of
the ]2 is black. Now the men in Sanitation, this is what concerns me that makes
me wonder hos much faith I'm going to be able to repose in some of the other things.
One of the men, the men are contending that you're going to move somebody up and
all that business and that the Civil Service has, you know to take the examination
and all this jazz. You know what I mean and there's a black who's qualified and
a Latin and neither one of them are being considered. Mr. Andrews, enlighten
this commission on that story I'm trying to get on the table.
Mr. Andrews: All right, let me run through the sequence of events if I may. An
examination was given but first I should say there are ]2 foremen, ]] of which are
Anglo and 1 black. One of those positions, if I have the number correctly, became
vacant. An examination was given in about September and a register was established
perhaps in the same month or the beginning of October. The Sanitation Department
had utilized the person who was first on the register by placing him in a temporary
way in the foreinan's position,. When this came to my attention and the papers were
presented to me for placing him in that position I did not sign them and 1 returned
them to Mr. Paulk and as far as I know he still is holding them. I had indicated
7 MAR 2 51976
:
that 1 did not want to ake this appointment at this tin because 1 wanted to weigh
it in telatiotl to the Consent Dectee and I was waiting from day to day that the
Consent Decree would be signed and that time dragged on and the Consent Decree waati't
signed until the first part of February. What the ptoblet that that created is that
under one set of laws in the City of Miami, the Civil Service Lawe, the person who
is at the top of the register under the Civil Service Laws had the right to be chosen
and placed in the position. Now the Consent Decree has cote into being and under
the Consent Decree a different set of circumstances can exist in which we should try
to strive to balance out the foremen in such a way that there is reasonable repres-
entation in a number of Latins and blacks who would become foremen. There is one
Latin on the register and he is approximately number 6 or 7 from the top► There
are a whole group of blacks and Anglos to choose from but the idea would be to in-
crease the compliment of black and provide some Latins and increase the compliment
of Latins as far as the foreman positions are concerned. I had formulated a plan
to try to resolve this. I'm certainly concerned about the problem, I'm certainly
concerned about the solution and I'd certainly seek advices as far as identifying
the problem and for people even to recommend solutions to what should be done as
far as placing a number of people. I think I at least should have the prerogative
of doing this in a manner in which I believe I'm satisfying all the conditions and
demonstrating that from here henceforth operating under the Consent Decree, and some
of these appointments which I'm recommending would be made as a result of the Con-
sent Decree that there would then be a demonstration to everyone that we were try-
ig to treat everyone reasonably and fairly. And the solution to that matter would
be the following: (1) that one individual be appointed to the vacancy that exists.
I am creating an in -training foreman position for the department which would be a
permanent position, to appoint another individual to that. And Mr. Jones who unfort-
unately is not available and Mr. Moss could be brought down here if it is necessary,
will indicate that there is another vacancy to take place in January. In anticipat-
ion of that position becoming available at the foreman level I recommenced that we
eliminate a lower position in the department because they do need foremen in the
department, to create a temporary position so a third person could be appointed now
until such time in January when the position became permanent a temporary position
wuld be eliminated and the person would then assume the forinanship under a regular
Civil Service budgeted position. The solution then that I had outlined was to go
ahead and appoint the top person from the register which occured prior to the adopt-
ion of the Consent Decree but at the same time announcing the proposals we will ad-
vance for the promotion of people to the positions when they become vacant consist-
ent with the Consent Decree and that is to alternate between Latins and blacks if
they are available or blacks only if they're available from that register until
such time as we reach a reasonable balance. And that's the reason for creating the
third position is that we would then promote the Anglo, we would promote one Latin
and we would promote one black.
Rev. Gibson: I don't want you to say anything because I don't want us to lose the
trend of thought that I want to try to get over to this commission. You know what
is very strange, why I am speaking? Because what Jessie is saying is what happened.
Ok? I want you to understand this. We were in the head over heels in talking
about Affirmative Action. You can't understand this unless you go into the details.
Ok. Head over heels and going into Affirmative Action, all of us knew the Consent
Decree was coming and I think pretty much everybody understands what that Consent
Decree was going to be like but we went on and had that examination. This is the
story. Wait, if it is a lie blame Mr. Andrews and these men. They went on and
they had the examination. Let me tell you something else that nobody is telling
you, that there was a Latin who was doing the very same work that this now white
Anglo-Saxon is going to be promoted to for about three years up until they found
out it was a goody. Nobody wanted, nobody would dare supply but this Latin. Look,
I find telling the truth they told me in the conference.
Mr. Andrews: Father, may I interrupt you at that point, please? And they will
verify that he is not the only one that filled that position that way. There were
about four inspectors at various times who filled foreman positions doing their
inspection duties the same as this individual and I have the names of those people,
I may have them with me if not I have them on my desk upstairs.
Mr. Bill Smith: Mr. Mayor and members of the commission, last year in June we had
one foreman retire with the effective date becoming due in October. So he would
use up all this time and his effective date of retirement would be in October of
last year. In May the department asked for an exam for which we asked to be held
up to give us time to study for the exam. The exam was held up when I went to Mr.
Faulk. The exam was given in September and the list was established. During the
time of the exam being given we had already started on the Consent Decree and also
along with the Affirmative Action. We came before the commission knowing that the
foreman position in the Department of Sanitation does not come open that often,
usually four or five years. When a man gets there that's as high as he's going
MAR 251976
ir
to go for a while and ht s there for a while. We asked e► open commission, don't
Consent Decree and ... that that position be held up until the city decides what
they're going to do with the Consent Decree, And whenever the Consent Decree was
signed that that position be filled in accordance with the Consent Decree. Mr,
Andrews notified Mr. Paulk that that position be held up. The Consent Decree was
sighed February j8th, Three weeks ago some how or another I got an uncomfortable
feeling that there was something going on as far as this foreman position. I went
to the department head and I asked him to tell me what was the status of that posit-
ion, The department head told me at that time he did eot'care to discuss the issue.
I came over and I spoke to Father about it and I want back to the department head
and I asked him again do he wish to tell me whether or not he was going to fill
that position or what was going to be done with it. He told the he didn't want to
discuss it. In the meantime we asked for a conference with Mr. Andrews to discuss
this position. (1) was that the department had already started processing papers
for this one position to go to a Mr. Joe Landsey who is an Anglo. (2) They was
going to create a position to which to move a Latin or black into that position.
Now to me you're pacifying me. If the city has any right or any intention to do
right why move one white and then create another position for a black? You ain't
going never readh a goal doing it that way. You can't do it. If you wanted to
be fair you would move a black and create another position and move another Latin.
Then I would say that you are trying to treat me fairly but you can't pacify me by giving me one Latin or one black and at the same time you're going to move a
Latin in that position after you've promosed that you would hole this position up
and fill it in accoreance with the Consent Decree. Now the Latin that's been in
that position over a period of three years off and on has been filling that job
when everyone else has refused to do it because they said they weren't getting
paid for it. They came down here, they tried to get a pay raise, they was refused
a pay raise, they were refused a pay raise for the Civil Service Board due to the
fact that they wouldn't want to fill that spot but this man had been doing the job.
He did pass, he's qualified, he's on the list whether he's at the bottom or the /..._,
top. If you're going to fill this position in accordance with this decree regard-
less of where he comes from he should get the job. He's qualified, he's made a
passing score. And to pacify us by going one way with an Anglo and then giving
us a Latin is unfair. If he going be right, give me a black and a Latin or give
me two blacks or give me two Latins but go according to the Consent Decree. Don't —
pacify me. That's what's been going on all along and this is what is wrong with
the system and until you get people in the system out of the system that's creat-
ing a problem you're going to continue to have these type of problems not only in
Sanitation but anywhere else because if you do this for me in Sanitation then
you're going to have to do the same for that man in Police Department. You're
going to have to get one black lieutenant and come up with another white. The
same in Parks and Recreation and anywhere else and you ain't doing nothing but
compounding the problem and you ain't making it no better.
Mr. Mc Creary: Let me just respond briefly, Mr. Paulk. I'm not trying to be the
policeman of the world you know so those positions you talked about don't bother
me except that if we can find that lady and put her in that position pursuant to
the Consent Decree then that's all I'm asking for with the policemen. Do you fol-
low what I'm saying?
Mr. Paulk: I do....
Mr. Mc Creary: You see, if we can find that one lady who is unique.
Mr. Paulk: Right, it's unique, there's no question about that.
Mr. Mc Creary: Alright, well I don't have any problem. You see, all I'm saying
is let's play the ball game by the straight rules. If we're going to take that
with the lady, and I'm happy for her, fine. Then that means the city does have
some kind of guidelines because here is a lady who is qualified for that job and
we're saying now pursuant to the Consent Decree this goes on with the Consent
Decree and we're going to move her. I applaud you for that, I really do. I'm
happy about it. That's all I'm trying to do with these policemen here. That's
all I want.
Mr. Paulk: We were fortunate, Jessie....
Mr. Mc Creary; Well you're fortunate again, you see, because....
Mr, Paulk: Fortunate that we gave an examination and we happen to have two Latins
to place on that register...
Mr, Mc Creary:. That's right. And you know, it's fortunate as I pointed out in
MY letter, you know Sergeant Harris retired and we all hated to see that, a good
7 (1 MAR 2 51976
oft
officer but we were fortt4te becauae we got the opportun early to make this Cott
sent beefed WA, Yew knot', and that's all I'm asking. You understand that, don't
you, Mr. Piu et? You understand that.
ReV. Gibson: 1 know 1 do.
Mt. Mc Creary3
Mr. Plummet: I
Mr. Me Creary:
Yes, that's all I'm asking. tet's make it trork early,
understand that grin on your face when you just found the right bone.
That's right. That's it.
Mr. Plummer: What are we going to do? We know what the problem is, what
going to do?
are sae
Mayor Perre: Well, I think what we're going to do is the right thing.
Mr. Plummer: All right, what is that?
Rev. Gibson: Mr. Mayor, let me make an observation. You see that man there? That
man has been on the Police Force for 31 years and if you don't do something to re. -
ward him for his faithfulness he would retire and wouldn't have gotten a dog gone
thing in all of this melee of things. What I'm suggesting is that you reward that
man for his faithfulness in the hopes that you might be able to pursuade the others
that there is some good in the system. Bill Beggs was the one man newspaper man
that I'll never forget. Bill Beggs used to say that if the system does not reward
somebody so that some of these blacks around here, this was in the integration
struggle, so that some of the blacks around here will see that they could hold some
faith in this system we are done for. That man ought to be rewarded. Now a part
of that big headline that the United States Supreme Court just issued, Mr. Paulk
was the kind of thing that would affect that man. You know if he were white and we
wanted to do something for him you know what we would do? We would tell him not to
retire and we will make his retirement come at a certain point so that he could get
that reward and then we would go off smelling like a rose. I hope you could smell
like a rose today for him.
Mr. T.J. Duggar, Jr.: Mayor, may I say something? Jessie hit the nail on the head,
we have a couple of women that are in our department that work in the office that
want to be inspectors. Now we have asked the department over and over and over what
has happened to this, inspectors' position. We keep getting a runaround and nobody
wants to answer and nobody wants to take a stand and nobody wants to give us an ans-
wer and we have two women that are qualified that work in that department who want
to become inspectors and they keep getting a runaround.
Mr. Plummer: Well, let's do something. Mr. Andrews, we've been on this now for
more than 40 minutes and I haven't heard any solution at all. Now is there a solut-
ion and if so let's proffer it here on the table and let the commission vote on it.
Mr. Paulk: Let me point out to the commission if I may, under the terms of the Con-
sent Decree, and I'm speaking of the one that was signed on the ]8th, there is lang-
uage within the Consent Decree to which people who are members of the affected class
blacks, Latins and women are to be notified of the terms of the Consent Decree by an
individual who is to be assigned an E.E.O. Officer. This must be done. In addition
to that those people who are interested to be considered as an affected class mem-
ber must let it be known to the city to someone. Now that has been done by Mr.
Mc Creary in the two memoranda that he, or two letters, that he submitted to the
City Manager. However, in addition to that when a vacancy shall occur the Consent
Decree does not preclude examination to establish registers and a member of an af-
fected class who is interested in being considered to fill a vacant position is to
be considered and weighed against one who is one an eligible register for the posit-
ion and unless the one who is on an eligible register is demonstrably more superior
than the individual who is a member of the affected class is entitled to the position.
Now all of this has to be worked out in some procedural guidelines so that we do not
get into any difficulty in compliance with the Consent Decree and that's what we...
Mayor Ferre: But you see, Bobby, what I think Father Gibson has been saying all
along is that we don't want to get ourselves into the kind of a situation where when
we come to that juncture somebody stands up and nays, "well we can't do that, we'd
like to do it but don't you see that we've already gone through this and the Civil
Service Rules and So on and so forth and therefore, we're not going to be able to
do that thin time around". Now where I think there is a difference between that
process that nay or may not have happened, and I agree with the opinion that it has
happened in the peat, the difference now is that we are under a Consent Decree and
therefore, either the Justice Department or Jessie Mc Creary or anybody can really
75
MAR 2 51976
R r
stop us not from giving the exams but from doing anything other than the proper
implementation of the Consent Decree. Now the only thing that actually has me
c:oncerhed from what I've heard this afternoon is are we putting ourselves; are we
boxing ourselves into a position that if it ends up going before a judge that the
,judge is going to have to conclude, "Well there is really nothing else really can
be done, you've given the test and this is the way it is and were going to have
to proceed because the city needs to fill these vacancies and there ig nobody that
is qualified now except those that have taken the test and there is a superiority
or whatever that wording is, demonstrably superior and on and on and on" and we
could go through this whole process all over again even with the Consent Decree,
Mr, Paulkt I understand that, Mr. Mayor, but we've got two Consent Decrees that
we're working with with regard to the filling of positions within the Police Depart-
ment both entrance and promotional, And under the terms of one Consent Decree we
had two registers, one for lieutenent and one for sergeant and we still have one
for captain. Now the two registers, one for sergeant and one for lieutenant has
since expired. They did run for a year and we do not have registers for sergeant
and for lieutenant at the present time. And under the contract with the university
of Chicago it is in place to establish registers through the administration of exam-
ination, one scheduled for the 30th of this month and one scheduled for the 6th
of next month, sergeant and lieutenant respectively. And under the terms of the
new Consent Decree that the Justice Department brought about there is a require-
ment that in the filling of positions people are identified as members of affected
class through notification and those that are interested, and I understand the inter-
est of Officer White, that he wishes to be identified by the very nature of the
letter that Mr. Mc Creary has submitted to the City Manager. But the portion of
the Consent Decree that must be met is that they're tying in these two Consent
Decrees is the establishment of registers so that it can be determined that there
is no one demonstrably more superior to Mr. White.
Rev. Gibson: Ok, let me deal with two things. Mr. Andrews, you tell me how I
could extend Mr. White's time so that he could be a part of that affected class
and be demonstrably superior to anybody else who is going to be moving about any
time soon.
Mr. Paulk: Commissioner Gibson, I don't think that Mr. Andrews is aware of the
question that you're posing. If I may assist him in answering.
Rev. Gibson: Please, I just want the answer. You tell me how I get that and I'm
prepared to offer that right now.
Mr. Paulk: All right. What we have before us at this time is a question that's
been posed with regard to Officer White who is at the present time 59 years of
age who is in the Retirement System under the group of 3A-2 where when those peo-
ple who are members of 3A-2 reach 60 years of age they are forthwith retired. No
extension under the ordinance is permitted and that is the question that you're
opposing, "How may Officer White be extended so that at the proper time he may be
considered as one of the affected class weighed against the register for Sergeant
of Police". Only the City Attorney can respond to that but I would state that I
believe that an amendment to the retirement ordinance would be necessary to make
that possible.
Rev. Gibson: You know if you harm me all these years, and you have, you ought
to for God'e sake, if there's no other way of saying it, take pitty and
your conscience. Do you know what I'm talking about? I don't mean you, I'm talk-
ing about the system. Here is a man who has been faithful. There has been no
question about his performance and ability and the only reason he isn't going to
now get it is because the system conveniently operated against him. And look, if
he were a white man he would have been moved up long ago. Isn't that true? Sure
he would have! Oh, YEA! Oh, YEA!
Mr. Paulk: I don't know.
Rev. Gibson: Look, Mr, Paulk, you and I are friends. You're a big boy now, you
know and so am I and we know the rules of the game, we know how it's done. You
know? And I'll tell you the other thing, I think we ought to pass a motion, I'm
going to wait until the Mayor come before I... I think we ought to pass a motion
to stop all examinations, all promotions until this department or whoever is sup-
posed to, work all the mechinations for the Consent Decree. And I'll bet you
you'll get some answers, you'll get some immediate methodology going on the table.
Plummer, you wanted to know what could be done, I bet you if that's done every
dog gone person would work night and day to get those orders together.
Mr. Plummer; Mr. Manager, as I understand the Consent Decree, and I might be
76
wrong because I fl sur everybody has got their own op th oh about that Consent
Dectee. As 1 understand it no further promotions can be made until two registers
are established. is that correcg?
Mr. Pau1k: Not two registers, Commissioner Plummet, a tegister whatever = a pto=
motional register or open register and people being identified as members of the
affected class which in affect is not a register but it is a list of people.
Mr. P1uMter: Excuse me, two lists of people. Is that correct? ... The legal
opinion. Mt. legal authority, give me a legal opinion.
Mr, Lloyd: You don't have to have two registers, you don't have to have any regis-
ter, The Consent Decree says that if you have a man that has sufficient seniority
to be considered over other applicants and registers himself as an applicant he
may be considered for promotion unless somebody has demonstrably superior qualifi-
cations. If there is a vacancy a person that has the sufficient seniority in the
affected class to be considered may be considered if a vacancy is to be filled.
You don't need register one.
Mrs. Gordon: That doesn't prohibit anybody in any certain age Brackett does it?
Mr. Lloyd: Well now, that's another problem. Now let me explain that, if you
will. My problem with everybody is that I never get finished with anything.
Rev. Gibson: I'm going to give you a chance today.
Mr. Lloyd: Well I would like to get it. Now I have heard that the gentleman is
59'years old. Now that hs nothing to do with his possibilities of promotion.
Now, all that has to do is he must be mandatorily retired when he is age 60 but
if he hasn't reached age 60 yet he doesn't need to be mandatorily retired yet. I
don't know when he'll reach age 60.
Mr. Faulk: In May.
Mr. Lloyd: In May. All right, if he's eligible for promotion now there is noth-
ing in the rules that says that he has to have any retainability. So he would be
promoted and in May he has to be retired. That's got nothing to do now with the
promotion.
Rev. Gibson: Let him retire or die with the honor. If he doesn't have it but
30 days or 2 days. I'm going to tell you, somebody wanted me to be a Bishop and
I was talking about my age, he says, "Ted, let me tell you something man, we want
you to die in the glory" , I want him to have it. How do I act so he could get it?
You tell me that, you said you'll give me the legal interpretation.
Mayor Ferre: All right, Father, excuse me, Mr. Lloyd...
Mrs. Gordon: Mr. Mayor, I had asked Mr. Mc Creary to wait until Mr. Lloyd finished
speaking so if he wants to say something....
Mr. Mc Creary: No, I think that the very astute City Attorney answered the quest-
ion that there is no need for two registers, there is nothing to prohibit Mr. White
from being promoted to that vacancy that is within the department.
Mayor Ferre: Now wait a minute, before anybody goes on, this was really a non-
scheduled item which we have taken up and we've been on it an hour and a half and
I recognize the importance of it, Jessie, and I'm not going to cut it off at this
point but on the other hand we do have a long agenda and we've got a lot of other
things to do. It is now 5:30, at 7:00 O'C1ock we've got a public hearing, we've
hardly had time for lunch today, we started at 8 O'clock this morning - I started
at 6:30 - and you know we've got a lot of things to do still today. So I would
like respectfully to either call for a Special Commission Meeting if that's your
will to get into this whole item or come to a conclusion within the next ]0 or ]5
minutes because otherwise, I know the way this commission operates, we'll be here
for another hour arguing about this. Now we bring it to a head and I'll be willing
to accept any motions at this point or we schedule a Special Meeting on this.
Rev. Gibson: Mr. Mayor, I move that the man be promoted. I move that the proper
steps and action be taken to promote that than.
Mx, Lloyd: Just a minute now, this is not the commission's prerogative. We've
been over this before, This is an administrative situation. The Manager has con-
trol of this and the Charter says you can't.,..
77
MAR 251976
Rev. Gibson: Alright, let me make the suggestion, Mt. Mayor, let me respectfully
offer a motion to suggest to the Manager that this man...
Mt, Lloyd: No, you're running into a legal problem again. We've been through
this before, you know all about it.
INAUDIBLE
Rev. Gibson: All right, Mr. Mayor, I'll offer this motion: In consideration of
the Consent Decree I offer a motion that we not only follow the letter of the law
but the spirit in this case.
Mrs. Gordon: I second the motion.
The following motion was introduced by Commissioner Gibson, who moved its
adoption.
MOTION NO. 76-302
A MOTION EXPRESSING THE PHILOSOPHY OF THE COMMISSION THAT THE CITY
MANAGER FOLLOW NOT ONLY THE LETTER BUT THE SPIRIT OF THE LAW IN
CONNECTION WITH ITS AFFIRMATIVE ACITON PROGRAM AND THE CONSENT
DECREE ENTERED INTO WITH THE UNITED STATES JUSTICE DEPARTMENT, AND
SPECIFICALLY WITH RESPECT TO OFFICER WHITE OF THE POLICE DEPART-
MENT.
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. Mc Creary: Mr. Mayor, can I say one last sentence? In J954 there was a decis-
ion, Brown Vs. the Board of Education of Topeka, Kansan and they had a phrase in
that decision with all deliberate speed. And in )975 we're still trying to inte-
grate schools. Now I don't know what this means, the letter of the law. You know...
Mayor Ferre: With all deliberate speed.
Mr. Mc Creary: No, sir, that's what I do not want. You see, that's what they
did in Brown Vs. Board of Education, "with all deliberate speed" and we're now
talking 20 years and it's not right yet. So if we're talking same time tables
that's different.
Mayor Ferre: You see, if you get into that area then Mr. Lloyd is going to say
that you're again into the area of telling the Manager what to do.
Mr. Mc Creary: Well it may be another six weeks and that's what I'm trying to
avoid. You know we're going to promote this lady who is very talented and who is
unique, we're going to do that right away. I'm just trying to find out whether
we're going to follow that same procedure when we talk about these people where
there are vacancies.
Rev. Gibson: Mr. Andrews, I'm sure you know my feelings and I trust the sentiment
of this commission is the same as mine. And you know what, I hope that man isn't
going to retire, Mr. Andrews, and that he doesn't have that halo around his head.
Mr. Duggar: May I say something? I just want to know, now this Consent Decree
concerns Sanitation too. Right? That means that the department heads will know
about the Consent Decree because it always seems like there is a problem in our
department where they, like they always say there is a line of broken communicat-
ions. Now does this include the inspectors and the foremen? Is it going to be
filled by the Consent Decree?
Mr, Andrews: I'm going to fill it the way I outlined it today. I'm going to pro. -
mote the three men that I indicated - one Anglo, one Latin and one black. You may
not like it but that's the way I'm going to fill it and I hope you like it because
I'm really trying to do what is right on both sides. Here is a register with no
other legislation established prior to the Consent Decree coming into being, Now
what do you want me to do, follow one set of laws which now is the Consent Decree
and abide by those laws but ignore another set? There has to be some latitude in
MAR 251976
the solution of these ltoblems and I'm trying to demonstrate that were going to
fill one from the Civil Service kegister before the Cotiselt Decree came into being
fully knowing exactly what the Commission's intent was in reference to an Affii=m
ative Action program. Now the law was that way. Now the laws was changed as fat
as the Civil Service itulea were concerned, whatever date in pebtuaty the Consent
Decree came into being, and I'm saying after that Consent Decree caste into being
then we're going to follow the Consent Decree and we're going to start profinoting
Matins and blacks where there is disparity. There is one in this case and I'm
deronatrating that by saying we're going to promote a Latin and a black and I've
created the way to do that and that I will issue a memorandum indicating that
henceforth under the Consent Decree that Latins and blacks will be promoted to
the position of foreman particularly if we have a validated examination process
from a valid register. If that doesn't exist we will promote them based on sen-
iority alone and their capability until such time as there is reasonable ethnic
balance. Now what would you expect of the City Manager other than that? If we're
going to create the problems and then I'm going to be told about the solution
and then in addition I'm going to be told how to do it you know then somebody
else had better make the decisions and you'd better not rely on the City Manager
and we'd better start changing the Charter and a lot of other things.
Mr. Smith: We only asked what you promised and that was that you would fill that
position in accordance with the Consent Decree. When you create a position you
still hurting a man on the bottom because you're going to kill.. turn loose a
tote at the bottom of the ladder or where are you going to get the money for the
position you're going to create.
Mr. Andrews; Look, there is no way that you can solve all of these problems per-
fectly.
Mr. Smith: Sure we can, just promote two blacks or a Latin and a black.
Mr. Andrews: I'm going to promote three people. Three people will be promoted
and a Latin and a black will be included. And from thence forward, and I'm putt-
ing it on the record, in fact, I have a memorandum drafted in my office that would
indicate, and I'm purposely going to send that memorandum to every person on this
register of the foremen so they know precisely where they stand in the future so
that there is no misunderstanding as to the method of promotion that when addit-
ional positions become vacant after January because that's the reason for creating
the temporary one so that we can promote a black into it, that after that we will
rotate with Latins and blacks if they're available until we get reasonable balance
in the foreman position. Now what else can you expect?
Mr. Smith: Mister, I expect you to keep your promise and that was that you would
fill that position. You're not asking you to pacify us or create no position for
us, fill it in accordance of the terms of the Consent Decree as you promised here
in the open commission. If it had a been a black up there; no, but it is a white
and you don't want to bypass him so in other words to keep the lid on everything
you're going to create two more positions and that's what I'm objecting to. Give
me what you promised me, don't pacify me.
Mr. Andrews: I'm not trying to pacify you...
Mr. Smith: Sure you are! Because you don't want to by-pass the white at the top
of the list.
Mr. Andrews: I'm sorry that it turns out that way, it is not a question whether
it is an Anglo or whoever it is on top of the register. Whoever it would have
been... Just a minute. Let me ask you something. If that... If I may, Mr. Mayor,
please. Let's assume that the person at the top of the list were black but he would
have been with the City of Miami for three or four years and the person that we want
to promote may have been with the city for 31 years.
Mr. Smith: Then the man with 31 years would have gotten the job if he was black.
Mr, Andrews: Even though the Consent Decree was not in affect and we had to follow
Civil Service Law? What you're telling the City Manager is don't pay attention to
one set of laws but pay attention to another set in order to achieve a certain
objective. I don't think that we ought to operate government that way, If we've
got a set of laws let's follow them but let's try to work out our problems in a
reasonable way tha we're accomplishing the objectives that we have,
Mr. Smith: We're saying that the city is obligated and to keep the faith that you
' should do what is promised. If you promise me something and that's all I expect,
not one more nor less, that's all I expect and that's the only thing I'm arguing
79 MAR 2 51976
fot because when you create something then you've got to cut off something at the
bottotl and this is what, I don't want that.
Mr, buggar: Mayor, let me say one more thing, You know what you're going to do
here is you're going to create ail of these positions then when Budget time comes
along and we ask for some help to get gloves of barrels for the Sanitation Depart -
Melt you say no because you've created all of these positions to eat that money
up and we're not going to be able to have nothing to work with. You're going to
have a bunth of chiefs down there and no Indians to do the work with.
Mr, Mc Creasy: Mr. Mayor, I'm leaving, I know you're tired, Was the suggestion
to the Manager or the recommendation or the conscious of the commmission relative
to Mr, White that he consider...
Mayor Ferre: No, it was a lot stronger than that.
Mr, Mc Creary: Ok, well see, I just don't understand because it wasn't plain to
me.
Mayor Ferre: Look, you're a lawyer, I'm not a lawyer. There are a lot of things
evidently that we cannot do, We cannot tell the Manager what to do but what we
can tell him is that it is the intent and conscience and policy of this commission
that he tollow not only the letter of the law and the Consent Decree but that he
follow the spirit and he understands what that means.
Mr. Mc Creary: I thank you, Mr. Mayor. Thank all of you gentlemen.
Mr. Plummer: Jessie, if you ever have any more of these short noncontroversial
subjects please bring them up.
ARANT JREE USE �)F AMER I CAN LEGION BASEBALL LEAGUE
20, ``II AMI u' ASEBALL •)TAD I UM
'rho fr,l lrn.rinv. rogolntinn way: tntrndncer1 by (:nmmf.ssinnPr Cordon, who mnved
its adoption:
RESOLUTION NO. 76-303
A RESOLUTION GRANTING USE OF THE M AMI BASEBALL STADIUM TO THE
AMFRICAN LEGION BASEBALL PROGRAM, j0TH AND 34TH DISTRICT, ON
OPEN DATES SUITABLE TO THE CITY OF MIAMI, WITH THE STIPULATION
THAT ACCEPTABLE INSURANCE WILL BE PROVIDED THE CITY AND PROVID-
ING FOR ADVANCE PAYMENT FOR ALL EVENT PERSONNEL, AND OTHER COSTS
BORNE BY THE CITY.
(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.
MAR 2 5 1976
21i SEMI ANNUAL TRANSFER OP CERTIFICATES OP PuBLIC CONVENIENCE
PUBLIC HEARING AND NECESSITY
The following resolution was introduced by COMbisaiofter Gordon, Who Moved
it® adoption:
RESOLUTION NO. 76.-304
A RESOLUTION TRANSFERRING CERTAIN CERTIFICATES OF CONVENIENCE
AND NECESSITY ISSUED UNDER THE PROVISIONS OP CHAPTER 56 OF THE
CODE OP THE CITY OF 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.
221 REVOKE CERTIFICATES MIAMI MINALIADOS INC, (HENRY PIN())
The following resolution wag introduced by Commissioner Reboso, who moved
its adoption:
RESOLUTION NO. 76-305
A RESOLUTION REVOKING THE CERTIFICATE OF CONVENIENCE AND NECESS-
ITY ISSUED TO MIAMI MINI ALIADOS, INC. (HENRY PINO) APPROVED BY
RESOLUTION 74-1240 FOR NON -OPERATION FOR A PERIOD IN EXCESS OF
EIGHT MONTHS.
(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.
23, REVOKE CERTIFICATE C-596 CLIFFORD YOCUM PRIVATE SCHOOL SUS.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 76-306
A RESOLUTION REVOKING CERTIFICATE OF CONVENIENCE AND NECESSITY
NUMBER C-596 ISSUED TO CLIFFORD YOCUM FOR THE OPERATION OF A
PRIVATE SCHOOL BUS FOR THE FAILURE OF SAID CERTIFICATE HOLDER
TO PAY THE ANNUAL FRANCHISE TAX OF 050.00.
(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 Nanolo Reboso
Commissioner (Rev,) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre NOES: None.
81 MAR 2 51976
PERSONAL APPEARANCE
44' MP, BLANCO
Mr. Octavio Blanco: Mr. Mayor, I... 8115 S.W. 16 Street.
Mayor Ferre: Mr. Manager, in reference to Item 27, Public Hearing, Taxicabs, Mr.
Blanco has a question.
Mr. Andrews: Before we begin, Mr. Mayor, and I don't want to pre-empt this ...
Mayor Ferre: Ok.
Mr. Blanco: Yes, Mr. Mayor and honorable members of the City Commission. On June
5th 1 come before Mr. Andrews' secretary to talk about the Section 59 .126 Subsect-
ion (b) of the City of Miami. The section provides that any person may raise as a
chauffeur who served his sentence upon commission of a felony and has therefore,
been a law abiding for a period of 5 years or more since he is released from confine-
ment or terms of his parole. It further state that the Chief of Police in his dis-
cretion may deny such a person ... regardless of the length, time since he is re-
leased from confinement or from the termination based on the probation period. This
ordinance is clearly in conflict with Florida Statutes 112.011 which provides that
a person who ... has been restored should not be disqualified from obtaining a bus-
iness permit unless the prior convictions ... to the specific occupation or provess-
ion... readily grasp the opposition of the 5 years penalty is contrary to Florida
Statutes which I do not have to remind you is paramount to the City of Miami's ordin-
ance. I have tried to...Commission Meeting ..with the administration repeatedly
meeting specifically with Mr. Jack Eades, the latest of January 5th of this year. I
have been continually informed that and I'll quote from the December 9 letter from f
Mr. Paul Andrews, ...taxicab ordinance has set minimums of standards. They are appli
able to all Dade County including the municipalities that presently regulate taxi-
cabs. ...adopted by Metropolitan Dade County provides that a person committed a
felony may not as chauffeur until he has been a law abiding citizen followed
termination of his parole or completion of his sentence. Therefore, the City of
Miami is bound ...Dade County Ordinance.. The provision of Dade County does not pro-
vide a time limit penalty ... Section 4, subsection (e) of the Metropolitan Dade
County taxicab ordinance 75-35 provides that no persons will be issued a chaufferu's
registration who has played nolo contendere or been convicted of a felony who's
civil rights have been restored, restoration of civil rights ... provided by Florida
Institute 94.05, Section 1, 2 and 3 of the state. He has been granted a full pardon
by the Pardon Board. He has served the maximum term of his sentence. He has been
granted his final release by the Parole or Probation Commission. Therefore, the
ordinance in question fully clearly in the city's jurisdiction as in conflict with
the statutes 112.0111. I ask you, Mayor and honorable commission, how can a person
be eased into society, how can the person be relegated if the City of Miami imposes
additional penalty to those he has already paid their debt to the society? The com-
mission has proven itself sensitive to the needs of the ex -offender, consequently,
I present to you an opportunity to right a wrong and to give this offender a chance
to earn a descent living... I offer those persons to the opportunity..employment
as not to have to revert to a life of crime and degradation ...places in a position
to amend...and who believe ... What I'm asking you now is to review the ordinance
in question...is unconstitutional and replace it with one similar to the Metro. I
thank you and trust your good judgement on this determination.
Mr. Plummer: Let me understand you. The ordinance in Metro says how many years?
Two?
Mr. Blanco: There is no penalty on the Metro law. The only thing that is required
by the state is very simple... just has to write to the governor and he will answer
you to the release, civil rights.
Mr. Plummer: To restore your civil rights.
Mr. Blanco: Right. And the City of Miami says that you have to wait.5 years and
even after the 5 years the Chief of Police has a right to deny it.
Mr. Plummer: Mr. Lloyd?
Mr. Lloyd: Well actually, I'd like to have Sergeant Webb read the Metropolitan Dade
County ordinance as now in being and also there is a new Metropolitan Dade County
ordinance amending this one coming out very shortly and Sergeant Webb has the full
knowledge on that although these are only minimum standards. Now there is nothing
wrong, of course, of the City of Miami having a higher standard, The standards
MAR 251976
fit
established by Dade County ate min 6uM. So that he's saying is if Dade County
doesn't have it and their standard is minimum why should the city have it. So
that, of coutse, is the deciaioh of the dity and there ate ordinances. "fiat it
is is it's on the books and we have a tight to abide by that ae long ae it meets
the Dade County minimum standards. But t think to give the cOttisSiOn the full
benefit of all that you'd like to hear on Sergeant Webb on what they are i think
it would be apropos.
Mr. Blanco: If you'll excuse me, I believe the City of Miami is bounded by the
state and the state said that any person after he finish hie parole or his sen-
tence he can be restored his rights.
Mr. Lloyd: 'That's got nothing to do with, one thing doesn't have to do with the
other. He may be restored his rights but that State Statute talks only about
rights. we're talking about now the priviledge of having to a chauffeur's license
within the City of Miami and what that says is what it says, See?
Mr. Blanco: What it says is that a person has to be penalized five more years or
even more if you people want.
Mr. Lloyd: Yes. That's what it says.
Mr. Plummer: Do you have any thoughts on the natter, Paul?
Mr. Andrews: I think that the commission recognizing what needs to be accomplished
if you have to call a special matter as another public hearing at a little later
date to achieve whatever it is you want to achieve that that be done but I don't
think you should try to change this law now. We are in a state of flux as far as
the county's ordinances are concerned. We know already that a new ordinance is
being drafted to modify this exact section and if we go about, the commission goes
about making another change I think there is going to be so much confusion people
won't know where they stand. While you may solve one problem you're going to gener-
ate a lot of others. I think you should wait a little while and we'll get a new
ordinance from Metropolitan Dade County.
Mr. Blanco: Mr. Andrews, this is the same thing that I was told down... on January
5th and I keep asking Dade County and they say they haven't done anything and they
still and they got the same ordinance. And I don't believe they're planning to
change anything with respect to that specifically on the 56.]29. Now if you people
want to keep dragging this and keep penalizing people that's all right with me then.
Mr. Plummier: Well, I'll tell you what I think, Mr. Mayor. What I think is fair...
Mr. Lloyd: If it is more restrictive as far as the county is concerned it is perfectly
proper.
Mr. Plummer: I understand, but what I'm saying is the fact that the man has made
a point that once someone has paid their debt to society and their civil rights have
been restored don't penalize them further which I concur. Now, I think what is proper
today, Mr. Andrews, is to turn this over to you to research, come back on the 8th
of April together with the attorney making an appropriate resolution if it is the
wisdom of this commission and your recommendation that we can change. I don't think
you can do anything today.
UNINTELLIGIBLE
Mr. Andrews: Let me read the whole section because it is important that we read it
all. The City Code which is more restrictive in this case than the County Code and
therefore, it is applicable. (b) Any.person may register as a chauffeur who has
served his sentence based upon conviction of a felony and who has thereafter been
law abiding for a period of 5 years or more since his release from confinement or
from the termination date of his probationary period. However, the Chief of Police
in his discretion may deny any such person the priviledge of registering as a chauf-
feur regardless of the length of time since his release from confinement or from the
termination date of his probationary period.
Mr. Plummer; That's in the reverse.
Mr, Andrews; I think you'd better adopt it in the way you're saying to get the
meager and the Chief...
Mr, Plummer; That's what I'm trying to do. Mr. Mayor, I offer a motion at this
time that we turn this matter over to the Manger and whoever he deems necessary to
make a recommendation back on the 8th of April together with instructing the attorney-
83
4
to prepare the necessary resolution so that if this commission wishes it can take
action on the 8th. I'll offer that in the foam of a motion.
The preceding motion was introduced by Commissioner Plummer, seconded by
Vice -Mayor Gordon and passed and adopted by a unanimous vote.
PERSONAL APPEARANCE
a LT, KEN HARRISON
SEE MINUTE ITEM #19
Lt. Ken Harrison: Mr. Mayor, if I might request clarification of a previous act-
ion of the Commission. I'm not sure that I understand the answer that you gave to
Mr.Mc Creary and in light of my question to Mr. Andrews I'm either more convuaed.
Could you tell me, does the motion of this commission involving Officer Ralph White
mean that he will be promoted prior to him being retired?
Mayor Ferret I don't know the answer to that because if I were to answer that
question then I would be saying on the record that this commission has instructed
the City Manager on what to do and that is against the Charter.
Lt. Harrison: Then let me word it this way. Is it the intention of this commiss-
ion that any member of the Miami Police Department that is within 2 months of re-
tirement that they be entitled to any benefits that might flow to Officer White
as the result of your action?
Mayor Ferre: That's not I think the intent of this commission. As I understood
it all we were really saying is that as we, I think jointly understand the Consent
Decree that we are asking the Manager with regards to Officer White that he not
only pursue the letter of the law but the spirit of the law with regards to the
Consent Decree as it applies to Officer White. Now Mr. Andrews may interpret that
in a way I would hope in concurrence with the intent and the philosophy of this
commission but he may choose not to. And if he chooses not to there really isn't
a heck of a lot we can do about it since the law if very very certain and clear
and we are not a court or this is not a judiciary body.
Lt. Harrison: Then let me ask another question, Mr. Mayor. If the city receives
a letter claiming demonstrably superior qualities for any position of promotion
will that be considered equally at such time as the Manager makes his decision
concerning Officer White?
Mayor Ferre: I would imagine that that would certainly follow not only the letter
of the law but the intent of the Consent Decree and I'm sure the Manager would fol-
low it strictly.
Mr. Andrews: Mr. Mayor and members of the commission, from what I understand the
hiatus, the area that's creating a problem is the difference between the examin-
ations that are not valid and those that are valid. At this time we have not gone
through the complete validation process, we will after this next examination. Dur-
ing that period of time there are latitudes as Mr. Lloyd pointed out in his opinion
that I can exercise but once the examination process becomes valid, and correct me
if I'm wrong, Mr. Lloyd, then you must follow the register as its established be-
cause you have a valid register but then you go through the seniority listing on
that validated examination for the selection process.
Lt. Harrison: Mr. Mayor, if I might. The Commission is aware that the Fraternal
Order of Police of which I am President of was included as a defendant in the act-
ion. We have been given the priviledge or right to respond. We did, we've made
several motions. We asked for answers from the Justice Department. In those an-
swers, and I don't think the Manager or the City Attorney has brought this to light
and maybe they would wish to comment on it. This answer from the Justice Depart-
ment indicated that there was a specific agreement between the city and the Justice
Department that would allow the existing promotional procedures to continue until
such time as validated tests are achieved which was totally new to me. I wasn't
aware of that agreement at that time.
Mayor Ferre: bid you sign the Consent Decree?
Lt. Harrison: Nok sir, I did not.
Mayor Ferre: Did the Justice Department ask you to sign the Consent Decree?
Lt. Harrison: No, sir, they did not. We're in court now, we have to appear in
court Monday on our defenses. The court told us to answer the action, not the
Justice Department.
MAR 251976
Mayor Ferre: Well, as lad I understand
not a party even though you were darned and
sent Decree and were not asked to sign the
elf, NOV that you have a right to test it
it from the Jusflde bepattmerlt you ate
the fact that you did trot sigh the Con.,
Consent Decree f think apeeia fat its-
in court and to go after its+.
Lt. Harrison: No, air, you don't understand. The court instructed ua to answet
the charge despite what the Justice Department said. We didn't file an action we
answered an action which is provided to any and all defendants and that's what's
being considered ott the 29th at 2:00 P.M. in Judge Eaton's Court, our answer which
includes some tequeeta and some motions most of which revolve the issue of clatifi..
cation. one of our requests was that certain questions be answered by the Justice
Department. In those answers they made a statement...
Mayor Ferret One. of who's requests?
Lt. Harrison: Our request to the court.
Mayor Ferre: Well I thought you said the court had requested you?
Lt. Harrison: In our answer we requested that the Justice Department answer certain
questions which we spelled out for them. They answered those questions. Ok? In
that answer they indicated that there was a specific agreement addressing the pro-
motional procedures that are currently in existence until such time as validated
testa can be achieved. Specifically it said that they were to continue and that the
City and the Justice Department had agreed to that. I have heard no discussion of
that at any of the hearings that I've been to. I've heard no discussion from the
ity Attorney or City Manager on that today. I bring that to your attention. My con-
cern here is the affect of your motion today on what is going to occur on promot-
ional exams coming up within the next two weeks for the positions of Police Sergeant
and Police Lieutenant. Do those exams stand? Will Officer White be promoted to
Sergeant prior to those exams? And if somebody claims to have demonstrably superior
abilities will his claim be considered?
Mayor Ferre: You'll have to ask the Manager that, I can't answer that question
and neither can any member of this commission under the Charter and you'll have to
ask the Manager that question. I can't answer that and nobody else can here.
Lt. Harrison: Can you clarify the intention of the commission's motion?
Mayor Ferre: Yes, the intention is that following the headline in the Miami Herald
as of yesterday which referred to a Supreme Court ruling which further strengthens
the posture of the Consent Decree as far as, I'm not a lawyer but as I understand
the king's language I think that was very clear in that Supreme Court ruling. And
I think all we're really saying, and I'll tell you exactly what I understood from
the Supreme Court ruling; and that is that those persons that may have been discrim-
4 inated upon by the system or the sytema or anyway you want to call it, because of
the fact that he was a black or she was a woman that there be restitution and that
there be some type of process where there be some form of compensation. And the
Supreme Court ruled as I recall 5 to 2 or 7 to --- 5 to 3 with Justice Brennan I
think was the one who signed the dissenting decision but that's the law of the land
I think that just further strengthens the posture of the Consent Decree as I under-
stand it was negotiated and signed by the City of Miami as represented by the mem-
bers of the commission and signed by the administration and John Lloyd and the Justice
Department and as approved by Judge Eaton in his court. Now, we can't get specific
beyond that. I can't tell you what the Manager is going to do.
Lt. Harrison: Can you ask the Manager to indicate whether the promotional exams
up -coming will be allowed to go forth?
Mayor Ferre: I'll permit that question to go to the Manager.
Mr. Andrews: I have absolutely no control. I have nothing to say about it.
Mayor Ferre: Well who does?
Lt. Harrison: Mr, Mayor, I have some thousand members in my organization all of
which are going to be affected very much so in the near future within a two or three
week period and consistently the city has neglected its employees and we're having
it again. Now who can answer that question? Is the exam going to be given or not?
Mr. Faulk; Yes, I can answer that question. Unless the court sayer Mr. Mc Creary
indicates that We got a hearing I think next Monday, unless they preclude that
examination from occuring it will occur. Now I would like to make this point for
the benefit of the commission, I'd like to read this particular section because 1
8 5-
MAR 25 1916
Made mote reference to t and Mr. Lloyd said there is no necessity to be a registet
just a hetaber of the affected class and I just want to read this and put everyone
on notice that we have 190 applicants for the examination for aetgeatt. Now all of
them won't get on a register but at this moment there are 190 applicants to take
that examination. I don't know who they are members of the affected class, not
members of the affected class, melee females, I don't ktow but the provision with
in the Consent Decree where it deals with the promotion or transfer pool consider-
ing members of the affected class reads this way: A tnetnber of the affected class
shall be given the initial opportunity to fill any vacancy in the city where the per -
nab is a senior applicant who meets or could reasonably be expected to meet after an
initial probationary period the minimum qualifications for the position unless an
applicant not a member of the affected class has demonstrably superior qualifications.
This preference shall be exercised at the written election of the applicant. All
ttm saying is that I understand that there are some number of people that Mr. Mc Creary
represents who are alleged to be members of the affected class and I don't think that
can be questioned. They in all likelihood are. But there are 190 people and perhaps
some of those people have registered to take this exact, I don't know. But of the 190
people how do you determine that there is not one among them who is demonstrably super-
ior to Mr. White? I don't know. And that's the problem that's contained in this Con-
sent Decree. Regardless of whether a Civil Service Register as the result of an exam-
ination being administered by the University of Chicago under the Cohen Suit exists
or not there still are 190 applicants for the position. Do you weigh Mr. White
against all 190? I don't know. It's very grey, very complex. But the examinations
wil1 be given unless a court order restrains that examination from being given.
Lt. Harrison: At this time then it is the intention of the Civil Service Board of
the City of Miami to give those exams. Is that correct?
Mr. Paulk: Yes, sir.
Lt. Harrison: Thank you.
26, PIREDI.HIEFPBONROICKMAN SERVICkEB NTRONROSTHAM$PNNDANTS
Fire Chief Don Hickman: The main item, Commissioner Plummer, is the interruption of
the ambulance service.
Mr. Plummer: Which item?
Chief Hickman: It isn't on there.
Mr. Plummer: Is there a resolution?
Mr. Andrews: It's in the Manager Reports.
Mr. Plummer: Well can't we get him out of here?
Mr. Andrews: There's no resolution, it's information as to the policy that the admin-
istration is going to follow and I want to make sure that the City Commission under-
stands that policy before we go ahead. It is a pretty weighty decision and I don't
like the idea of making it by myself and it affects the City of Miami and Metropolitan
Dade County.
Mr. Plummer: Well let's hear it.
Chief Hickman: Basically, on March 3]at there is a possibility of a strike by the
ambulance company. This would throw the burden of taking care of the emergency sit-
uations that arises from crashes, car accidents and so forth to the rescue of all
the county. Now we have a contingent plan where we may handle this but at peak hours
we may be stretching ourself beyond our City Limits in a mutual aid pact with the
county and other cities, We want an expression from you basically is that we have
the OK to take over and not be strike breakers but take over and look after the cit-
izens of our city during this period if the strike occurs.
Mr. Andrews: But you'd better explain so the commission understands what we will
be putting into affect. Mr. Lloyd will try to brief the commission on the areas
of potential liability as the result of that action because I as the Chief Adminis-
trator am reluctant to just move into this area without the commission understand-
ing what I'm doing. So describe the program and how it is going to be carried out
if it has to be carried out and I want Mr. Lloyd to indicate to the commission the
areas that we're running some minor risk, I'll call it minor as far as liability
ie concerned,
MAR 25'9l6
'Mayor Feti'e Let fne t tderstand this correctly. Ate t Pi a l,ulattce drivets union.
ized?
Chief Hickmattt Yes, sit
Mayor Ferre: Who represents them? What union is that, do you knots?
Chief 1Hickmnant The Teamsters, the AFL-CIO.
Mayot Ferre: And they'te going to strike? No, the Teamsters have nothing to do
with the AFL-CTO. Nov we have to be very careful now not to in any way abridge
the tight of those individuals.
Chief Hickman: We will not be abridging the right of those individuals, sir.
Mayor Ferret On the other hand we also have a moral obligation to make sure that
nobody... You know you're getting into a very very delicate area because you're
talking about -somebody who needs an ambulance is obviously a pretty sick person and
it'a one thing for somebody to strike in some type of a service that does not affect
life and death. But when you're getting involved in areas where you affect life and
death...
Chief Hickman: Mr. Mayor, we control the Mutual Aid plan and it will be run out of
our communications office and there are 42 emergency rescue ambulances that have
transport capability. We can put into affect several more that can be utilized for
transportation of not critical patients. But at peak periods, and this is the minor
worry of Mr. Andrews, is that I feel that we will cross over the boundary lines out
of our city into areas north of our city in order to completely cover the county
because this is a critical situation with us. We have to look after.the citizens
completely throughout the county and we're traveling on the mutual aid pact that we
utilize at fires and rescues when we're called if they are out of a rescue at a city.
So there could be possible small parts to worry about it but I really don't see where
it is because we cross our lines often. When we hook up a patient that wants to go
to another hospital because of abandonment, Mr. Lloyd, we have to take him to that
hospital. This way we're asking the commission to understand that we may have to
make decisions like taking them to the nearest hospital, not abandoning them but
taking them to the nearest hospital not the hospital of their choice.
Mayor Ferre: Chief, let me ask you this. Is this a deal where we're going to get
as much as we're going to give, this mutual aid? I mean are they putting up as
much as we're putting up, the county?
Chief Hickman: 0h no, sir. All the cities will have to move out their boundary
lines at certain times in order to...
Mr. Andrews: Mr. Mayor, may I ask for him and then he can correct me if I'm wrong?
The City of Miami at the request of Metropolitan Dade County is extending itself to
provide services in the unincorporated area and adjacent areas that we otherwise
would not provide.
Mayor Ferre: Well, that's what I'm asking. Now are we putting up ]0 units and they're
putting up 3 in this mutual aid?
Chief Hickman: No, air, we're putting up 7 units, they're putting up 11 units, Miami
Beach is putting up 5 units, Hialeah is putting up 2 units, Miami Springs is putting
up 1 unit.
Mayor Ferre: What I'm trying to get at, Chief, my final question in all this series
would be will the people of Miami be better off by relying on our seven units or are
we better off with the fifteen units in the pool? Let me put it to you in another
way. Fifteen units in the ),500,000 people is one unit per 100,000 people.
Chief Hickman: There are 42 units, sir, throughout the county.
Mayor Ferre: Ok.
Mr. Plummer: Maurice, let me tell you this because I know it for a fact. Presently
Randal Eastern is running 40 ambulances. They are running just in excess of 400 calla
a day which is all calls, emergency as well as routine so what we're saying or what
he is Baying is that with all units combined the cities jointly with the county will
just about the same capacity to transport as Randal Eastern.
Mayor Ferre; Ok. I understand, that answers my question. In other words we're
better off being part of a pool of 42 than sticking on our own 7.
MAR 25197
Mr. Plumper: Sure, there's a time when you might need trtcee or four just at one
accident.
Chief Hickman: Correct.
Mayor Ferre: The people of Miami are not;, in other words we're not extending our
setvices into Metro and jeopardizing the people of Miami by so doing, it's the
other Way around - by pooling resources we're really in A way better protecting
the people of Miami. la that tight?
Chief Hickman: Correct.
Mr. Andrews: Now there is one other area, Mr. Mayor and members of the commission
you should understand. The system can't work that smoothly that we can respond
with the emergency vehicles that we have. There are going to be times when we
arrive at crises situations when all our units will be occupied doing that which
their supposed to be doing and then we get the additional call or two that has to
be responded to. The plan that the Chief has worked out with the Chief of Police
is that a police officer, not a public service aid will respond and render assist-
ance, There may be times because of a judgement factor that we'll be transporting
someone who absolutely needs assistance in a police car to a hospital. And the
area that concerns Mr. Lloyd and it concerns me too but he's looking at it from
a legal standpoint, is that the world such as it is we run a risk that some people
may say they were further injured in a vehicle and it wasn't the proper kind of
vehicle and we will expose ourselves to a certain area of liability, On the other
hand, I don't know what the commission can really do and I don't know what I can
do if there is an emergency condition out there.
Mr. Plummer: I'll give you one solution now because you're getting right into
mal practice. Let me tell you, I ran ambulances till J958 - thank God I'm out of
it. I'll tell you what I think maybe would be a solution. Now we're talking
about not everyday procedures, we're talking about emergency procedures. The city
might want to consider that we go out here to one of these rental agencies and
get ]0 stationwagons which is in fact what the county is using today for transport-
ing and which we used prior to the new rules coming in and rent those vehicles for
a period of time because it could be established they were used before, they would
be uniform and everything of that. So I offer that as maybe a thought rather than
to tie up a rescue vehicle which as you say might be needed somewhere else. Now..
No, it doesn't. There's no way you can answer that, Mr. Mayor. Yes, but it isn't
worth the paper it's written on is it John?
Mr. Lloyd: (1) It is very difficult to be worth the paper it's written on because
the patient might not be in a proper condition to know what he's signing. (2) It
is impractical to have them do it because from a time factor.
Mr. Plummer: Well there again, you know the ambulance has an accident on the way
to the hospital, Randal Eastern has accidents all the time and if the ambulance is
wrong you're subject to liability.
Mr. Lloyd: That's right. As you say, commissioner, you're running into two areas
of liability.
Mr. Plummer: Let me just establish, Don, one thing through you and through the
Manager and I think that has got to be put on the record; that as this commission
is charged in the preamble of the Charter we are charged with the safety, public •
health and welfare of this community. In your estimation, is there any other way
without the city's involvement?
Chief Hickman: No other way, Mr. Plummer.
Mr. Plummer: Mr. Andrews?
Mr. Andrews: Not to my knowledge.
Mr. Plummer: All right. I just want that on the record because I'm just as con-
cerned as the Mayor is concerned because I will tell you from my knowledge of the
400 calls that Randal Eastern run a day you maybe have 10% or maybe 15 that are
legitimate emergencies,
Chief Hickman: That's the ones we will handle.
Mr, Plummer: And the rest of them are routine and even a few of them that maybe
are border,
Chief Hickman: Correct,
MAR 2519h
Mt. Plumttet: Hey, I'tt ttyit►g to help you, Now if you want me to shut up 111 be
glad to,
Mayor Pare: I don't want you to shut up I just want you to came to a conclusion
and let's go,
Mr, Plummer: 1 don't know what the conclusion is, If what you're saying to the
you want a resolution from thin commission?
Chief Hickman: Just an expression, sir that we can go ahead and catty out our
contingent plan.
Mr. Lloyd: Mr. Mayor, I would be derelict in my duty if I didn't take two minutes
to say this on the record for the commission. I think Mr. Plummer has already said
it but the big area of your problem is transporting with the police vehicles.
Remember, you're on a self-insurance program and you have to weigh those things,
that's all I'm telling you.
Chief Hickman: These would be non -critical patients and if they were critical at
all we'd dispatch an engine company with an EMT on it and an EMT would accomplish
this...
Mr. Lloyd: I understand that, but
teal -practice but you're increasing
icles. Now I am not too concerned
got such a fine record of very few
police vehicles is very poor.
you have two areas of liability, not only the
your area of liability for accidents with veh-
with your ambulance situation because you've
accidents. But the other situation with the
Mayor Ferre: Let us hope, Mr. Lloyd, that we won't have to face the issue and that
there won't be a strike.
Mr. Plummer: You're kidding yourself. Let me
I know you're talking about the 31st of March.
do not have another Commission Meeting between
whatever the action of this commission is this
of faith...
tell you something. Ok? From what
That's the day, midnight. Ok? We
now and then and I would say to you
man has got to have either a show
Mayor Ferre: My opinion is that we have no choice but to do what is best for the
people of Miami and that means that if somebody is dying or needs a vehicle to
tkae them to a hospital it's a service that we must render. I hope that it is not
misinterpreted that we're not considered strike breakers or anything like that but
I don't see that we have any choice and I feel very close to the Teamsters, they're
good friends and I think they're good people and I'm sorry that we have to in any
way get involved but this is not a simple thing. It's not concrete trucks and
it isn't taxis or something like that, this is life and death and we don't have
any choice. Is there anything else? You don't need anything else from this com-
mission. Does anybody object to that? Does anybody not agree with that position?
Mr. Plummer: Unless somebody comes up with an alternate solution which...
Mayor Ferre: Gene, do you have some wisdom to add to this?
Mr. Gene Naples: Well, I don't know whether it is any wisdom or not, Mr. Mayor,
but we are a union and we are affiliated with the A.F.L.-C.I.O., the Teamsters are
not which is really irreletant and we would have no objection as long as we use
city vehicles. I think we might have some objection to going out and hiring some
vehicles. I think we have enough station wagons and things in the city to do that
that do have lights and warning devices and so forth and we would not object to
that. We would certainly object, of course, if we were to try to use Eastern's
ambulances. We won't have any part of that but we do feel a moral obligation to
the city.
Mayor Ferre: Oh sure, I wouldn't expect you to. If you did that then you'd be
involved in crossing pickets and as I understand it there is no crossing of any
pickets because this is just a question of somebody calling you on an emergency
and you're doing what you would normally do anyway. If you walk out of here and
you see somebody falling down on the ground you'd immediately get on your radio
and call down and have a unit pick that person up and this is no different, You're
doing your duty.
Mr. Plummer: Chief, I just asked the Manager just so that the record is clear that
it should be placed on the record that that service which you will be rendering in
emergency cases only will be at no cost.
MAR 2 5 197 6
Chief Hickman: I have to hove that up to the
Will be an area when the City Manager and the
will keep records of any calls that will occur
time t have a letter in, I need four hot lines
ing out of my budget of $1300.
Mr, Andrews: But it's going to come out of the county.
Chief Hickman: I would hope that that's where it should come
that we have to use.
City Manager because I think there
County Manager moat discuss this. We
into the city and right at the pteeeft
This will be an expense. It'a coma
or any other over title
2%, EXECUTE LEASE AGREEMENT - GROVE KEY MARINA, INC. 8 YEAR PERIOD
ur. Andrews: ...memorandum which outlines the provisions of this agreement. I'm
eatiefied as to the revenue that it will generate. The fact that we were able to
escallate the guarantee in the second and third year to almost double that of the
first year under the current contract, the fact that there are provisions here for
the development facility under a separate negotiable agreement, I think we're mov-
ing ahead in a proper way and I'm recommending that we go ahead and that the commis-
sion adopt the resolution to award this.
Mayor Ferre: Let me ask you a question. Are they going to pay taxes?
Mr. Andrews: The lease that they now have and the lease that is drawn is drasn in
such a way that we believe it has strength that taxes will not become a considerat-
ion. If taxes do come about they recognize a deep involvement in that area. I
can't say that they will be responsible for all the tax.
Mayor Ferre: Well here's what I'm asking: We've got a controversy continuing in
this community. You remember all the rigmarole that Dan Paul went through with
Wometco out there in Key Biscayne with the... Paul, Wometco, Dan Paul, the fact
that they don't pay county taxes. Do you remember that?
Mr. Andrews: Yes.
Mayor Ferre: Ok. The Rusty Pelican also doesn't pay taxes. Right? Yes, but then
comes the question. Suppose for example an undertaker came to this commission and
said, "You know you've got a piece of property that would make an absolutely per-
fect mortuary and the wind blows the right way and whatever the other conditions
are that undertakers need and what have you. It's perfect" and now I come up and
say, "Hey, I've got a way, you know that piece of property that we own and they
pile dirty mattresses there and it's just a junk pile all the time? You know I've
got somebody who is willing to lease that from the city and we can make $25,000 a
year on that and let's let him put up a mortuary there." Now then the Manager comes
back with the contracts and the contract says that the undertaker is going to put
up his place and he's going to get an 8 year lease and it's going to be beautiful
but he's not going to pay any taxes. Now what would Mr. Plummer say about all of
that?
Mr. Plummer: (SCREAM)
Mayor Ferre: I'm just asking a question. Now on the other hand we might say, "Hey,
this is something that is really a public benefit and this is the only way we can
get it and it's worth the waiving of the taxes if we get a rental income which in
a way makes up for that". It's the same argument that Southern Bell uses with us.
They say when we say we only get 1% and the Florida Power and Light pays 6%, "Yes,
but we pay property taxes which Florida Power and Light doesn't and if you add that
up that adds up to more than 6%". You know the argument. Now it may not be valid
so I'm just asking the question.
Mr. Andrews: Mr. Mayor, it's difficult to give you a real good answer in this area.
We struggled with this...
Mayor Ferre: Well tell the this, you have considered it.
Mr. Andrews: Oh yes, sir. In fact, we had different formulas that we tried to con-
sider.
Mayor Ferre: And your conclusion is that the
makes up for that.
Mr. Andrews: OH, I didn't say that. I think
UM of taxes that that's something that we're
out at that time.
rental fee that we're getting in effect •
that if we're confronted with the prob"-
going to have to sit down and negotiate
MAR 25 1976
Mayor Perrot Well 'eke put it to you anothet way.' a got Montry Trainor who
hag his boat yard out there, does he pay takes?
Mt. Plummer: His landlord would.
Mayor Pare: Well somebody must pay tastes. Now we on the other hand compete with
thus and we don't pay takes. And that's something that somewhere along the line
we've really got to sit down and think about all these things. Let me tell you what
it Means. I'll give you the parallel story on that one, the Parking Authority.
You've heard the talk about that one before. Now on the one side you say super, the
Parking Authority has really done the job because we've built "X" number of thous-
ands but the other aide of the coin is the question - How many people have been held
back from putting up a parking garage because who in the world is going to compete
with the Parking Authority who doesn't pay taxes and borrows money at 62. See? So
what is it that we want? What is it we're going to serve? I ask the question. I
think that question is an integral part of the consideration of any of these leases
that we get into.
Mr, Lloyd: Well Mr. Mayor, may I say one little thing? I have noticed in Paragraph
]3 on Ad Valorem Taxes which says that we covenant with Grove Key Marina that Ad
Valorem Taxes, they are not subject to Ad Valorem Taxes. Now specifically what
you're talking about is taxes on a lease hold interest. Now by this there is no
provision in the agreement in the event that we are ever proven wrong that they would
be subject to taxes on the lease hold interest that they would pay them. That's
all. If Mr. Andrews is satisfied with this I am but I just want to tell the commis-
sion that. That's all.
Mayor Ferre: Look, let me try to be very explicit. How much are they going to pay,
Paul, for their 8 year?
Mr. Andrews: Ten point something of their gross.
Mayor Ferre: What's your estimated gross?
Mr. Spencer Meredith, President Grove Key Marina: I would anticipate in the first
year of this lease that we will pay the city between 50 and $60,000 and that we will
consistently run at least $10,000 more than our minimum prepaid rent.
Mr. Plummer: Spencer, that's the first year, you won't have even all of the improve-
ments in the first year.
Mayor Ferre: Well ok, let's not get bogged down in detail.
Mr. Meredith: Commissioner Plummer, I'm optimistic.
Mayor Ferre: I'm trying to follow a trend of thought now. How many acres do you
have that you'll be leasing?
Mr. Meredith: Roughly there is about 6 acres there, maybe a hair over 6 acres.
Mayor Ferre: All right. Now, would you say that that piece of property if you were
to go out nad buy it, if we were to put it out for sale it would cost a minimum of
$2,000,000?
Mr. Meredith: Mr. Mayor, I think that that piece of property is priceless and it
is really, it's value is based on what you can use it for.
Mayor Ferre: Let me put it to you this way. If Coconut Grove Yacht Club there sold
their property or the Riviera or the other thing, the Coral Reef - it's got to be
worth $300,000 an acre. It's got to be worth $6-$7 a square foot. Let me put it to
you this way, similar property where it is available up in the norther part of the
county sells for $7-$8 a square foot.
Mr. Meredith: Mr, Mayor, I can just give you another comparison. You could take
the property at Kennedy Park which I'm sure was a very expensive piece of property
that basically generates no revenue for the city. That property is set aside for
public use and I think a lot of it depends on what the city wants to do with that
property. That's the essence of the whole thing.
Mayor Ferre: What I'm trying to say is this: If that property were worth $2,000,000
and the improvements on it including the restaurant ware worth a imalion dollars and
the tax assessor said it was worth $3,000,000, I'm just pointing it out to you, how
touch would we get out of $3,000,000 piece of property in taxes, City of Miami?
MAR 251976
Twenty or twenty-five tho sand dollars. If we say you dort pay any Ad Valorem
Taxed that Leans the county don't get Ad Valorem Taxes. Is that right? And the
School Board don't get Ad Valorem Takes. And if you had to pay Ad Valorem Taxes
you'd be paying $90,000 a year. Now just follow me. So in effect by the city gett=
ing $60,000, if I've got to go and compete with you and I do it as a private individ
ual without the government's involvement I'd be paying more just in taxes than you're
paying in the lease. to that right?
Mr. Meredith: You've got a restaurant added in one case and not in the other.
Mayor Ferre: Well, I'n1 including the restaurant. I'rn just saying it is North
$3,000,000.
Mr. Meredith: Ok, well we don't have it now. We're talking about paying $60,000 a
year...
Mayor Ferre: Oh, I see, that doesn't include the restaurant.
Mr. Meredith: That doesn't include it, no.
Mayor Ferre: What percentage of the restaurant do we get?
Mr. Andrews: We don't know yet but we're going to negotiate that. his lease just
provides...
Mayor Ferre: Look, I'm for it and I'm going to vote for it but I want to on the
record state because I don't want Dan Paul or anybody else coming back and saying
that we did this blindly and that we stumbled that we didn't know what the hell
we were doing, that we gave away a valuable community asset which if it were out
on the free market the taxes would be substantially more than the leasor is paying.
And what I'm saying is that I know that and I'm saying it on the record. And the
reason I want to be very clear and deliberate in the statement is because I also
want to say that in my opinion what we get out of it is worth a hell of a lot more
than $60,000 in groww receipts from you. Ok?
Mr. Meredith: Thank you, Mr. Mayor. May I just make a...
Mr. Andrews: And there is one other aspect as long as we're putting that on the
record at this point in time is that unless the commission through the Master Plan
wishes to change the use of this property the property has a specific use and pro-
vides a public service. Now you have to make and I have to make the decision as to
whether that public service is best performed through city forces and through city
operation or is it better performed through the leasing with a private individual
to perform that public service. In our judgement we think it is much wiser to do
that through a private individual to render that particular service.
Mayor Ferre: I agree. Is there further questions or discussion?
Mr. Plummer: Yes. Let me ask a question, Paul, because I'm trying to read as fast
as I can. Just so that we don't get back into the Pier 66 problem down at Watson
Island, I see that they have a right to sell something and beverages. Now has that
been limited to beer? Has it been included? Are they going to be able to sell beer?
Mr. Meredith: We sell beer at this time.
Mr. Plummer: Well Pier 66 sold beer before and when they rewrote the lease they
couldn't sell beer and we got into a year's legal hastle over that.
Mr. Andrews: They sell beer now and the intention with the restaurant and the re-
establishment of the outdoor food and beverage concession area which sells the beer
will be relocated to an area to the north (if that's north) of the site. That same
condition will exist as far as that facility is concerned. A determination will be
made as to other alcoholic beverages if any that will be sold in the restaurant.
Mr. Plummer: I see no stipulation, and maybe it's there and I just don't see it,
that says for example the additional 100 boat racks. Is there a day of completion?
In other words what I'm trying to preclude, excuse me I'm trying to be protective,
Mr. Meredith says I don't have the money and I can't get the money and the last year
of operation he puts in the 100 additional boat racks, Is there any protection?
Mr, Meredith: May I answer that, commissioner Plummer? There is not a specific
timetable as to when the racks will be built but I will say this, I've already
rolled $70,000 in purchasing a new fork lift truck, that's step #1 so we'll have
two trunks. A few days ago I was out there measuring out on th.e ground laying the
94 MAR 251976
actual layout for the !'uuttdation for the tacks, Now filik out point of view with
an eight year deadline the sooner we get those things on stream the sooner we're
going to get soie tevenues ft nn them. So we have a tremendous stick oh our backs to get toying here.
Mr. Andrews: He's going to have to go simile in order to, he's got a lot to atbOrtiie
and not only does he have a lot to ainortite, he's got a guaranteed ineotne that
doubles itt two years that which he's guaranteed now...
Mr. Meredith: $60,000. I've got to move.
Mr. Plummer: It don't hurt to ask and establish the record.
Rev. Gibson: Mr. Mayor, I would be delighted to offer the motion because it would
assuage my conscience, having got this'man in a cross -fire. but one other thing.
I hope knowing that we're going to be dealing with waterfront property, and I should
not be saying this because the Reverend Dr. Willard and those where he had nodded
to cut my head off 1 presume, I hope we would not encourage a facility to be built
and exclude serving alcoholic beverage. I'll tell you why. You and I, you know
we're big boys now. We know what happens and I would hate for this man to have to
come back here two years, three years, four years from today fighting that battle.
Man, because my God what we saw today was enough. And give me, I'm going to ask
even though.. Mr. Lloyd, is that precluded in that facility?
Mr. Lloyd: No.
Mr. Andrews: No.
Rev. Gibson: I just want to make sure so we don't ever go through this with the
public...
Mr. Plummer: Wait a minute now. He is precluded because as I recall he's only
going to be having a hundred seats in the restaurant and the law says to get a liquor
license you've got to have 200 seats. Isn't that correct.
Mr. Andrews: But he's not going to be... What Father is trying to say, if it is
his wish to operate the facility in such a way that alcoholic beverages were served
that we not arbitrarily deny him the priviledge of doing it. We're not doing that.
Rev. Gibson: Right. And please for God's sake, we could avoid what happened here
this morning by seeing to it - sir, if you have that in mind while we're trying to
get it done you'd better go ahead. I want to make a motion that we grant...
Mr. Plummer: I've got one other question, Mr. Manager. Paul, there was some dis-
cussion before about a 30 foot strip. Do you recall?
Mr. Meredith: May I comment on that?
Mr. Plummer: I don't care who comments, I just want an answer.
Mr. Meredith: I would like to say that at this time that this lease basically deals
with the piece of property that we are presently occupying, that I would suggest to
the commission that at some future date when they do discuss the 30 foot strip along
that common fence that they weigh what the alternatives are that are facing them.
Certainly it would seem to me it is in the power of the commission to move our bound-
ary line...
Mr. Plummer: Not once we set a contract with you. No sir. That's exactly the prob-
lem we've got with Merrill -Stevens right now.
Mr. Meredith: You know there are things that are important to us and there things
that are less important.
Mr. Plummer; But Meredith, I'm arguing your point and you're not aware. I made the
comment before if you get 30 feet less I would expect you would pay in dollars the
30 feet less. I'm merely asking for the record since the Manager brought it up in
a prior argument has it been addressed or is it settled, where are we now? That's
the only thing I'm trying to establish.
Mr. Meredith: This lease as it stands now is exactly the property that we're cur-
rently leasing and just so that it's clear for the record, we are not at all eager
to give up that 30 feet because I believe that we will come to the commission with
a proposal which will indicate an outstanding use for it,
MAR 251976
Mr. Plummer: Mr. Spencer, I have no trouble with that. The only trouble is that
the Manager brought it up and I'm asking the Manager has the problem been resolved?
Mr. Andrews: No, it has not and I'm going to tell Mr, Meredith, and it's an oVet4-
Sight on my part because I presumed that that was taken int° donaidttatiOh that
that 30 feet Must remain in abeyance nil far as this. You may end up with it in
the long tun but that 30 feet for the time being has to be excluded from this Agree-
Ghent with the understanding that it could be added in if we don't work Out out dif'
ferences with Merrill -Stevens.
Mr. ieredith: May I ask a request here as to how the phrasing of that is? May I
request that it be left in at this time but that we add to the body of the lease
a restriction there, in other words leave it in and if it is necessary for us to
give it up we'll give it up but rather than take it away and ask for us to try to
get it back...
Mr. Andrews: We'll make that adjustment and it's on the record.
Mr. Meredith: There's a little difference there...
Rev. Gibson: All right, just as long as we have a meeting of the minds here. Put
it in there and Mr. Lloyd, you know the intent. OK, that's the motion. I have to
reward this gentleman because he has been a gentleman.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 76-307
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN AMENDED LEASE AGREEMENT FOR THE SMALL BOAT SERVICE WATERFRONT
FACILITIES AT DINNER KEY WITH GROVE KEY MARINA, INC., FOR THE EIGHT -
YEAR PERIOD BEGINNING JULY 1, 1976 AND TERMINATING JUNE 30, 1984.
(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.
28, ACCEPT BID - VIDEO EQUIPMENT FOR MIAMI MODERN POLICE DEPARTMENT
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-308
A RESOLUTION ACCEPTING THE BID RECEIVED FROM MIDWEST TELECOMMUN-
ICATIONS, ON FEBRYARY 20, 1976 FOR FURNISHING VIDEO EQUIPMENT FOR
THE MODERN MIAMI POLICE BUILDING IN THE TOTAL AMOUNT OF $50,397.00;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHAS-
ING DIVISION TO ISSUE PURCHASE ORDERS 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.
9,1
MAR 251976
401
20. ACCEPT Btu MILLIVOLT METERS OSCILLOSCOPES FOR OF COMMUNICATIONS
The following resolution wad introduced by Colimisaidhat Prier, who rooted
its adoption:
RESOLUTION NO. 76,-309
A RESOLUTION ACCEPTING THE BIDS RECEIVED MARCE1 8, 1976 PROM MOTORotA,
INC. IN THE AMOUNT OF $5,229►00, AND FROM TERTRONIC, INC. IN THE AMOUNT
OP $12,760.00, FOR FURNISHING 11LL0VOLT METERS AND OSCILLOSCOPES RESPECT -
/MY, AT A TOTAL COST OP $18,009,000 FOR USE BY THE DEPARTMENT OP COM,-
MUNICATIONS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT
THE PURCHASING DIVISION TO ISSUE PURCHASE ORDERS 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.
30, ACCEPT BID - LABOR & MATERIALS TO REFINISH OFFICE FURNITURE
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-310
A RESOLUTION ACCEPTING THE BID OF STEELCARE, INC. RECEIVED FEBRUARY
10, 1976 FOR FURNISHING LABOR AND MATERIALS TO REFINISH OFFICE FURN-
ITURE FOR THE DEPARTMENT OF POLICE, AT A TOTAL COST OF $25,176.00;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHAS-
ING 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 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.
MAR 251976
51, AWARD BID AMMUNITION
.
The following resolution was introduced by Commissioner PluMatet, who moved
its adoption:
RESOLUTION NO. 76-311
A RESOLUTION ACCEPTING THE BIDS OF 3-D COMPANY, INC., BUFFALO ROCK
SHOOTERS SUPPLY, ZERO BULLET COMPANY, MASZK'S WORKSHOP, INC., SOUTH. -
ERN GUN DISTRIBUTORS, INC., AND JONES EQUIPMENT CO. RECEIVED DECEM-
,BER 8, 1975, FOR FURNISHING AMMUNITION FOR THE POLICE DEPARTMENT,
IN ACCORDANCE WITH THE SCHEDULE LISTED BELOW, AT A TOTAL COST O?
$16,028.20; FUNDS HAVING BEEN ALLOCATED IN THE 1975-76 FISCAL YEAR
BUDGET; 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 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.
32, AWARD BID - WITHERS VAN LINES
MOVING OF THE IAMI POLICE DEPARTMENT TO NEW BUILDING
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-312
A RESOLUTION ACCEPTING THE BID OF WITHERS VAN LINES, RECEIVED
MARCH 11, 1976, FOR MOVING THE MIAMI POLICE DEPARTMENT, AT A
TOTAL COST OF $12,211.00, 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 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.
MAR 2 51976
i
33, ARPROV PI OPO AL orCITY MANAGER ?
GOLFSTARTER POSITIONS- INSTITUT PA T TIME GOLR STARTER POSITIONS
AT CITY OWNNb GOLR COURSES
Mayor Pare: You know this is a hot issue, Isn't it?
Mr, Andrews: No, it isn't and we'd better get going on it and resolve it. We're
talking about $100,000. Maybe t can save some time here, and if t am wrong in my
facts please correct me, A meeting vita held with...
Mr. Plummer: Paul, just establish for the record, wete they notified this item
was coming up?
Mr. Andrews: They were aware of it and they had had the meeting that the commis-
sion requested that be held prior to coming back before the City Commission. Is
there any disagreement as far as you're concerned? Pardon me?
Mr. Michael Komisky: As far as the union is concerned yes.
Mr. Andrews: You mean you're in disagreement as to the savings?
Mr. Komisky: Not the figures, no. The union never disagreed with the figures.
Mr. Andrews: All right, they're not in disagreement with the figures that there
would be a saving of now $99,965 as closely as we can identify it.
INAUDIBLE
Mr. Andrews: All right, just so that you know that you're deferring; We've been
deferring this and deferring and about four months or five months. have gone by and
that's roughly representing about $50,000 and we're trying to solve some serious
financial problems as far....
Mayor Ferre: Now you withdrew the motion. Let me tell you something. AS far as
I'm concerned I'm ready to vote on this thing tonight and I was ready to vote on
it the first day and I don't care what anybody says, the way I see this thing if
it saves the City of Miami $50,000, $90,000, $100,000 I don't care what the figure
is if it is that sizeable an amount and even for discussion you didn't disagree...
Mr. Komisky: Not with the figures, only the legal aspect of replacing full time
people with part time people, not doing away with positions.
Mr. Andrews: I can assure you, Mr. Mayor and members of the commission, that's
completely within the prerogative of the City Manager and that's the area that I
suggest the City Commission take no action and I'm going to go ahead and implement
this.
Mayor Ferre: I think you've got the right to do it.
Mr. Andrews: I certainly do and I haven't been wanting to do that because I've
been wanting to give everyone an opportunity to fully discuss this but the discuss-
ions have been going on for four months.
Mayor Ferre: Well do it.
Mr. Andrews: I'm going to do it.
Mayor Ferre: I'll tell you, as far as I'm concerned I'm ready to vote tonight and
I'll go with it. I mean to go on the record. Yes, as far as the golf starters to
get part time golf starters. Look, let me put it to you this way, and I don't mean
to be crude about this whole thing but let me come right to the point. The City
of Miami has 354,000 citizens, probably a little bit more than that of which suppos-
edly 522 are Cuban and 25Z are black or something like that. Is that right? 27%.
A11 right. Now that means that there is 802 that are either Spanish speaking Cuban
or whatever may be and black - the total is 80X. Now I guarantee you that the City
of Miami has two golf courses. One is in Miami Springs and the other one is at the
airport. I guarantee you without even seeing the figures that the majority of the
people who play in those golf courses don't even live in the City of Miami much
less they're not direct taxpayers. Now, I don't see why in the world this city
should be subsidizing, 1 have nothing against golf player's and I'm not a golf player
but I've got nothing against golf players. I belong to four country clubs that
have golf courses and I haven't played itt 20 years because I don't have the patience
to play the game. But I don't knock anybody who wanta to go around and hit that ^'
9/
MAR 251976
411
little ball and walk around for hours and hours. I've got nothing against it.
But the point is that I don't think that that is a major Service. We've been spend-,
ing time here talking about ambulances - that's important. We're talking about
the Fite Department - that's important. We're talking about Sanitation - that's
important. The police Department, that's important. But eitcuse the, 1'M just hot
overly thrilled and excited about the golf services that wte rendet to this cofninun=
fly. It's fine, I'm happy we have them, I want to make them open to the public
but I'll be doggoned if this city can save $100,000 or $10,000 as far as nil con-
cerned that golf is just not one of the priority services that this city Can render
to the people especially when the majority of the players don't even live in the
City of Miami.. And I'm ready to vote right now to save...
Mr. Andrews: And I'd like to add for the record that the commission has expressed
itself that they do have concern for the employees that are involved in this. You've
given them ample time to come forth and discuss this and we have not shut them out
and wetre trying to provide for them.
Mr. Komisky: Mr. Mayor, the same argument can be used next year on every position
the city has.
Mayor Ferre: No.
Mr. Komisky: Part time positions and every position we have.
Mr. Andrews: Mr. Mayor, that could very well be and if we can save huge increments
of money by changing the way we operate then more power to us.
Mr. Komisky: The only thing you're saving on is our pension and a man working has
no insurance premiums.
Mayor Ferre: Look, the purpose of thie City Commission is to protect the citizens
of Miami. My obligation is not to the employees, it is to the citizens of Miami,
the taxpayers and the people who have elected this commission. And as far as I'm
concerned that doesn't mean that I am blind to the needs of the employees and I
think we've proven that. I've sat in this chair or that chair where Plummer is
sitting now, either one of these chairs for close to six years now - over six years
and you know just as well as I do I have always gone to bat for you guys and every-
body, and sometimes I've been criticized for it and I stood up because I thought
it was right. But my first responsibility is not to the employees it is to the
people of Miami. And I agree with Paul Andrews. And his first responsibility is
not to the employees. He gets paid by the citizens of this community and if he can
save $100,000 and unfortunately we've got to get rid of some employees I'm sorry.
That takes precedence.
Mr. Andrews: We're not getting rid of the employees. We've made provisions for
every single one of those employees.
Mayor Ferre: Well then what are we arguing about?
Mr. Plummer: Mr. Lloyd, I want you to listen to this. Look, there isn't anybody
sitting up here that watches dollars any closer than I do. Ok? The only point that
I tried to bring out at the last hearing I want to bring out at this hearing because
I don't want this city to find itself operating again by crisis which we find our-
selves so many times doing. Mr. Lloyd, I am informed there is a law that pertains
to Manpower people that says that you cannot replace a full time employee with a
Manpower employee. I understand there is such a law. Now if there is no such law
then I'm wrong but I don't want to see this city replacing full time employees with
Manpower and two years from today the federal government comes along and says, City
of Miami, you've violated the law and you now owe us $2,000,000 which we don't have.
Mr. Komisky: It's being done right now in the Recreation Department.
Mr. Plummer: Excuse me?
Mr. Komisky; It's being done right now in the Recreation Department,
Mr, Plummer; Excuse me, I have to ask my answers right here and I have to govern
my decisions here. Now is there such a law to your knowledge? You remember I asked
two weeks ago this very question and I'm asking it again.
Mr. Andrews; You are not, in my understanding is that you are not to use a Manpower
position in such a way for the purpose of specifically reducing positions to save
tax doilare and substituting a Manpower position. We are not doing that. There is
only one Manpower position involved in this.
MAR 251976
Mt. Plumber: Mr. Lloyd, as l understand what the Manager has said and I'm sure
you do...
Mt, Lloyd: Yes, 1 say the same thing.
Mt. Plummet: That that he has said and in suggesting, is perfectly legal, every-
thing to your knowledge is in accord and complies with the law as it relates to
Manpower employees.
Mr. Lloyd: Yes, if he
to save money why he's right, he can do that.
Mr. Plummer: Well I Must heard hits say that.
Mr. Lloyd: So I concur.
assures me that he's not replacing them with Manpower purely
He's going to sage $100,000.
Mr. Plummer: Making the record clear, with that on my conscience I can vote yes
without any problem.
Mayor Ferre: All right, well make the motion.
Mr. Plummer: I'll make the motion that we instigate the plan to save the city
$99,000 as outlined by the Manager.
Mayor Ferre: All right, is there a second to the motion to implement this thing?
Plummer made the motion to save $99,000 by implementing the recommendation. This
is, what item is it?
Mr. Andrews:
Mayor Ferre:
Mr. Andrews:
Mr. Plummer:
22, 23(a), (b) and 13.
Ok, and the City Manager recommends. Right, Mr. Andrews?
Yes.
23(a) and (b) does not relate to what we're discussing right now.
Mr. Andrews: Yes it does because part of the services are going to be performed
through the golf course pro at both golf courses.
Mrs. Gordon: That wasn't discussed before.
Mr. Plummer: We haven't discussed anything about the pros.
Mx. Andrews: Yes we have in the description of the plan when we presented it last
time. Mr. Howard stood right here and indicated that the golfers would come through
the pro shop to get their...
Mr. Howard: To get their greens fees and cards.
Mr. Plummer: Is this as presented in concurrence with Mr. Allen and Mr. De Lucca?
Have they concurred that they agree with this?
Mr. Howard: Yes.
Mrs. Gordon: Mr. Andrews, are you reiterating that you are saving to be sure
$99,000?
Mr. Andrews: Yes, ma'am.
Mrs. Gordon: That's an absolute fact?
Mayor Ferre: And he's further saying that he's going to do it on his own if we
don't pass this and he's got a right to do it but I'd rather do it this way.
Mrs. Gordon:
Mr, Andrews:
We. Gordon;
not saving a
And the $99,000 is from what period of time to what period of time?
A full year.
From when to when? Well, the year ends September 30th. Then you're
full year.
Mr, Andrews; Well, only because we've taken 6 months to implement it.
Mra. Gordon; Well then you're not saving $99,000,
MAR 25 78
a
Mr. Andtewst All right+`we will save $50,000 this year Ot the balance of the 6
months and next year we'll save $99,000 besides that, each year thereafter. Every
year we will save $99+000 and maybe more because things are all going up.
Mrs. Gordon: And what happens to the people who have been employed as full tide?
Mr. Andrews: They will fill vacancies that exist in other areas of the city some
of which are in the Recreation Department. They'll have first opportunity to do
so. And in instances like this we have even placed employees and red tagged them
so they lost no money and even ...
Mrs. Gordon: And nobody will become unemployed?
Mr. Andrews: Mrs. Gordon, in the 15 years that I've been in the City Manager's
Office I don't know'one instance where we've made an adjustment like this that we
haven't protected the employees and no employee has ever been laid off.
Mayor Ferre: All right, I think that's on the record.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 76-313
A MOTION APPROVING THE PROPOSAL OF THE CITY MANAGER FOR PART-
TIME STARTER POSITIONS AT CITY OF MIAMI GOLF COURSES.
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.
AUTHORIZE CITY MANAGER RALPH ALLEN, GOLF PRO MIAMI SPRINGS
TO ENTER INTO A SUPPLEMENTARY MAKING PROVISION FOR COLLECTION OF
34. AGREEMENT GREEN FEES EACH DAY
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 76-314
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER
TO ENTER INTO A SUPPLEMENTARY AGREEMENT WITH RALPH ALLEN, GOLF
PRO AT THE CITY OF MIAMI GOLF COURSE IN MIAMI SPRINGS, ON THE
SAME TERMS AND PROVISIONS AS CONTAINED IN THE AGREEMENT ENTERED
INTO AND BETWEEN THE CITY OF MIAMI AND RALPH ALLEN ON DECEMBER
17, 1970, EXCEPT THAT THE HEREIN SUPPLEMENTARY AGREEMENT SHALL
PROVIDE FOR THE COLLECTION OF GREEN FEES BY RALPH ALLEN EACH
DAY BETWEEN THE HOURS OF DAYLIGHT AND DUSK, FOR AN ACCOUNTING
PROCEDURE TO CONTROL SAID COLLECTION, AND FOR A RENEWAL OF SAID
SUPPLEMENTARY AGREEMENT IF MUTUALLY SATISFACTORY TO RALPH ALLEN
AND THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT 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 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,
MAR 2 51976
'J')
AUTHORIZE
O ENTER INTO SUPPLEMENTARY CHARLESG PROVISION PbRMCOLLECTIONUOP
AGREEMENT GREEN PEES EACH bAY
The following resolution was introduced by Comi.ssibttet Plu± er, who moved
its adoption:
RESOLUTION NO. 76-315
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER
INTO A SUPPLEMENTARY AGREEMENT WITH CHARLES DeLUCCA, JR., GOLF
PRO AT MELREESE GOLF COURSE, ON THE SASE TERMS AND PROVISIONS AS
CONTAINED IN THE AGREEMENT ENTERED INTO AND BETWEEN THE CITY OF
MIAMI AND CHARLES DeLUCCA ON NOVEMBER 15, 1971, EXCEPT THAT THE
HEREIN SUPPLEMENTARY AGREEMENT SHALL PROVIDE FOR THE COLLECTION
OF GREEN PEES BY CHARLES DeLUCCA JR., EACH DAY BETWEEN THE HOURS
OP DAYLIGHT AND DUSK, FOR AN ACCOUNTING PROCEDURE TO CONTROL SAID
COLLECTION, AND FOR AN AUTOMATIC RENEWAL OF SAID SUPPLEMENTARY
AGREEMENT AFTER SIX MONTHS UNLESS UNSATISFACTORY TO EITHER PARTY.
(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.
36, MISCULANEOUS ORANGE BOWL DISCUSSION ITEMS
Mr. Andrews: M. Mayor, about a month agn we described to ynu they problem that we
had with the Orange Bowi Scoreboard and you removed one of the areas of concern that
I had for moving ahead with the Orange Bowi Scoreboard and that was that if in the
event that the major user of the Orange Bowl football users should leave that there
would be a reduction in the exposure of the advertising and we might be obligated
to the approximate amount of $150,000 a year to get that scoreboard in if that event
occured. The commission understood that and they said alright, we're willing to go
ahead and proceed on that basis because I think that the Orange Bowl has to be im-
proved and that we can't stand still and so that removed one major hurdle and area
of concern. We now have a second one that I need your indulgence in and perhaps
even an expression of asking me to go ahead and it is this: There are some adver-
tiaera whose products are now sold in the Orange Bowl. They want assurances by agree-
ment from the city that their product will be continued to be sold on the same basis
that it is sold in the Orange Bowl and this was specified in the proposal by Stewart
Warner supplied to the City Commission and I have that here in my hand and I'll read
it if you find it necessary for me to do so. We thought this was a rather simple
matter and Stewart Warner went to the concessionair which is Restaurant Associates
to get such a statement and agreement signed. Restaurant Associates' attorney recog-
nizing that the Dolphins had purchased out their rights and that they were managers
for them and turned this over to the Dolphins. The Dolphins through their repres-
entative and Stewart Warner in my office the proposal was placed before me that in
actuality what is in it for the Dolphins, what are we going to receive to sign such
an agreement. I tried to resolve this recognizing the benefits that this would have
to the Dolphins as a result of a new scoreboard and the additional patronage that
would be gained in the Orange Bowl as the result of it but we stand deadlocked on
this issue. So we went beyond that point and I asked Mr. Lloyd to look at the con-
cession agreements to ascertain, I'm going to let him speak for himself, as to whether
there was an exclusitivity in this concession area. Now what this means is that if
the Dolphins through their concessionair should cease to sell those products which
have been sold over many years which would be advertised on the scoreboard sign then
the city can if it chooses remove that from the concession agreement and go into the
sale of those items itself through those people who would be advertising. If it
were cigarettes they could put vending machines in the Orange Bowl.
Mayor Ferre: You mean on our own?
Mr, Andrews: Yea, sir.
Mayor Ferre; Do you mean to tell me, that's hard to believe, do you mean to tell mg_,.
that we negotiated for a concession and the concession has been subcontracted and
1OL
MAR 2 51975
there is a signed docuLi t and the city can come in and s.;
concessionaire Is selling and they want to sell Dr. Pepper
don't like that we can come in and sell Pepsicola and Coca
it doesn't like what the
and Royal Crown and we
Cola? Correct?
Mr, Andrews: No. You see, over a long period of time the products that are proposed,
and t don't want to mention them by name, Mr. Mayor. It's not important, the brand
name of the products. But these brand products have been sold for many many years
and probably were even sold before this concession came into being. 1. haven't checked
that out but they have been offered for sale during the life of this concession. So
we have a history established and they're sold on an equal basis with competing prod-
ucts of the same nature. And now to find ourselves in the profile of trying to negot-
iate this agreement they would remove those for a purpose other than the pure sale
of the product. And Mr. Lloyd, and you speak up, Mr. Lloyd, and verify this, my spec-
ific question then to you so we can get it on the record is - What recourse does the
City have if it wishes to go ahead because T want to put Stewart Warner's feet to
the fire in relation to their proposal to go ahead and move ahead with the scoreboard
and now it becomes their problem to resolve and the city can order them to go ahead
and initiate...
Mr. Plummer: What control does the city have over the advertisers, who are the adverl.
tilers?
Mr. Andrews: We do not at this stage.
Mr. Plummer: Ok, what happens if an undertaker goes in there and wants to advertise?
Is he going to put caskets out there?
Mr. Andrews: No.
Mr. Plummer: Well, what control have you got?
Mr. Andrews: These are only products that are normally sold in the Orange Bowl.
You wouldn't sell caskets and services of that kind.
Mr. Plummer: I've seen some pretty dead items over there, I'll tell you that.
Mayor Ferre: You know that really was a stiff joke. Wasn't it?
Mr. Andrews: So the specific question that Mr. Lloyd has to address himself to at
this point is if there was a cigarette product or beverage product that was adver-
tised on the sign of the Orange Bowl Scoreboard and is now sold and has been sold
in the past with competing products and for some reason if through the concessionaire
they choose to discontinue those products after we begin entering into this agree-
ment what recourse does the city have as far as continuing the sale of those partic-
ular products.
Mr. Plummer: May I ask a question so that I can try to make a decision? What is
the posture today, right now, of negotiation if any with the Dolphins?
Mr. Andrews:
Mr. Plummer:
Mayor Ferre:
way to take a
I would have to assess that that it has taken a step backward.
In other words what you're telling me is there is no negotiation.
Well, I doubt that very much, Mr. Andrews because you didn't have any
step backwards.
Mr. Andrews: Yes, there was some progress at one point at least we were making a
little headway as to coming to an understanding as to when we would negotiate and
the conditions we would negotiate under. But I don't think that exists right at
this moment.
Mayor Ferre: Listen, he's got feelers out all the way to Arabia and he can't get
them out to Lebanon no more but I'm sure...
Mr. Andrews: I've communicated with Mr. Robbie as well as I can in this area of
negotiations. I think the city has extended itself to try to demonstrate that we
are ready to negotiate but...
Mayor Ferre; I've heard of at least 5 different deals. I'm really not being fascet-
ious, I next expect to hear that the Shah of Iran or the Sheik of Arabia is in some
kind of a deal with Joe Robbie to put up a stadium out in the Everglades, But I
think we've got to do what's right and what we know to be right. We can't go around
waiting for that gentleman. You know if we went around waiting for him .!.
100.
MAR 251976
Mt. Attdr'ews : I think mere ate three ittportant thinga Au the Orange $owl; Mk. Mayor
at this preseht tithe. One is the field which is underlay and the n itt one is the
scoreboard and after that in niy judgement, I'tn willing attd I'm sure the cotitnission
is willing to listen to the uaera and their judgement as to what ia important but
in my judgement I think the seating then follows, either plank seating or chait
seating but we've got to do s itethittg about the seating in the Orange Bowl.
Mayor 'erne: And then the parking.
Mr. Andrews: Parking is important, tnore concession facilities, better testrooms.
Mr. Plummer: Paul, I couldn't disagree with you more. Ok? Now I'm sorry.
Mayor Ferre: What are you disagreeing about at 7:20?
Mr. Plummer: The first thing is this negotiation with a tnajor tenant and I make it
in that terminology.
Mayor Ferre: Mr. Plummer, the negotiation is as follows: The City of Miami has
sent a letter. Mr. Robbie is now informed that as of August when he plays his first
game he will be paying 50%
Mr. Andrews: It probably will be 17 1/2 per cent.
Mayor Ferre: Alright. And if that's what he wants to pay since he says he will not
sign a long term - ever - agreement fine. Let him pay 17% and that's his problem.
And if Mr. Robbie wants to leave the Miami area I'm pretty certain that somebody will
fill that vacuum very very quickly and we may not have the Miami Dolphins, they may
be Sharks or the Miami Tigers or the Miami something -or -the -other but believe me the
Orange Bowl will be packed with a professional football team and this people will
support, a professional football team. And for us to sit around here and let one
man, as brilliant as he may be, dictate to us what the city will or will not do is
just not acceptable.
Mr. Plummer: Mr. Mayor, please, I did not say negotiate with Mr. Robbie or the Dol-
phins, I said negotiate with a major tenant. I knew what I was saying.
Rev. Gibson: Mr. Mayor, not only am I concerned about 17% I want to raise two other
things for the public's knowledge and hoping that we the commission are going to do
right by the people of the City of Miami. Mr. Andrews, will you tell the commission
whether or not Mr. Robbie paid for police protection as does all other stadium people
do?
Mr. Andrews: Yes, we provide...
Rev. Gibson: I didn't say, I said does Mr. Robbie pay for it?
Mr. Andrews: No...
Rev. Gibson: He does not?
Mr. Andrews: He pays for police security (and Mr. Jennnings, you correct me if I'm
wrong); the city provides, Father, security police for the Dolphins and for all the
other users - University of Miami, Orange Bowl Committee, high schools and Toros.
The thing that we do not provide the Orange Bowl Committee or the university and
others is ticket takers, ticket sellers and all the ushering service. We provide
that to the Dolphins but not to the others.
Rev, Gibson: All right, Mr. Mayor and members of the commission, I don't think we
have to play games, I would hope. When does the contract?
Mr. Plummer: Next Wednesday.
Mr. Andrews: Father, there has been confusion in that area. May I assist you?
What expires on the 31st is the agreement on the stands, the east stands that the
Dolphins had with the city which was a completely separate matter. After the 31st
that Contract for the installation of those east stands expires. The Dolphins'
contract expired some time in December, December 3lst.
Rev. Gibson: Mr. Mayor, I think I know where I want to go. Mr. Mayor, I would hope
that at the appropriate time I would be given the opportunity to make a motion that
the cost of renting the Orange Bowl in every way be the same for the Dolphins as
all the other people meaning, so Mr. Andrews can know, since we provide police prot-
ection for the others that they will get police protection for their 17X. But since --
MAR 251B?6
10t#
we do not provide ticket takers for the others and we do not provide ushers for
the other§ that we won't he providing it for anybody else.
Mayor Ferry: In other words what you're saying is is what's sauce for the goose
is satire for the gander.
Rev. Cibaon: You dog -gone right! And let me say this, we're not going to coerce
nor cajole nor pursuade Mr. Robbie. So we cannot stop the city from running. I
have extreme faith in the people of this city, My Wife warned me that Mr. Robbie
is going to say to me, Theodore, something I said that the coming of the Dolphins
a great thing and they gave us, you know. But it is also true that the Dolphins
have profited immeasurably financially from coming here at the expense of the tax-
payers and none of the big boys are saying nothing about that. And the buck will
stop tonight if you tell me it's a proper and appropriate time when that -notion is
to be made and he offered.
Mayor Ferre: Father, I'm going to recognize you in a second but I want to make a
statement on the record before I recognize you. Do you know that there are people
that work for the Miami Dolphins, one individual, that gets more money than the
City of Miami got last year in payments for the rental of the stadium? Now, do
you think it is right for a facility that is worth millions of dollars and accord-
ing to Mr. Robbie's own optimism would cost $30,000,000 to replace not counting
the land - where he's going to get the land I don't know but the land's got to be
worth 5, 10 million dollars, he wants 150 acres - and I've gone over that time and
time again. The very least, even using Mr. Robbie's own figures that a new stad-
ium would cost him including land and access ramps and all of that is $40,000,000.
At 10% interest that is $400,000 not to include anything else - at 10% is $4,000,000,
I beg your pardon. I stand corrected. Now the Dolphins play 16 games?
Mr. Andrews: Eleven but nine this coming season.
Mayor Ferre: All right, let's say it's an average of 10 year in and year out.
Now that would be $400,000 per game just in interest if they were to have a stad-
ium to be used by them. Obviously they couldn't use it 10 times, there would be
other uses. But let me tell you, Paul Andrews, the City of Miami has other uses
too and as Mr. Mc Namara and those in the Orange Bowl and the University of Miami,
you know we don't make too much money on the other uses even though we make nice
money. I'm not knocking it but I'm just saying that it's certainly not enough to
pay $4,000,000 in interest for a new stadium.
Mr. Andrews: Well, we're certainly going to have other uses as a result of this
field in the Orange Bowl and I'm not saying anything wrong if I say this, we're
planning on the fireworks pageant coming back into the Orange Bowl. Are you not?
Mr. Mc Namara: (Affirmative Response).
Mayor Ferre: Yes. So the point I'm trying to make in all this is that I think it
is just basically patently wrong and I am as grateful and as happy with the Miami
Dolphins as is anybody else here and I love them dearly and I'm glad they're here
and I think they're just super. They really are. And they've done a great deal
for this community. But, I don't think that Mr. Robbie or anybody else can dict-
ate to us what we do (1) and (2) it seems absurd and patently wrong for one indi-
vidual to make more than he pays in a whole season to the City of Miami for the
use of the stadium. And if it weren't for that stadium he could have the best
quarter backs and the best coaches and the best of everything and he still wouldn't
be doing what he's done because you know the stadium has made the Dolphins what
they are. Without that stadium they would never have made it. Now let me put some-
thing else on the record. If Mr. Robbie and the previous partners to the Dolphins
had paid what the average going fare for stadiums were in the United States (How
many years have they been playing?) in the 10 years they've existed we, this city,
the people of Miami have given the Dolphins probably 2 or 3 million dollars.
Mr. Andrews: Minimum of 2 1/2 and probably closer to $4,000,000.
Mayor Ferre: But you, the people of Miami have subsidized not the players, not the
Dolphins, Mr. Joe Robbie the owner of the Dolphins to the tune of 2 1/2 to 4 million
dollars and I've got no beefs with that, I'm happy that we did it because that's
how we got them to come here and there's no complaints on that. But on the other
hand I don't want this shoddy type of treatment that we seem to be getting all the
time where of all this name calling and all this stuff that's going on and AS far
as I'm concerned he's entitled to what's coming to him and you and I. know what that
to,
MAR 251976
Mr. Attdfewa The whole preamble of
at the time that this agreement was
professional football in Miami.
dt
the agreement that the coth fission entered into
negotiated was on the basis of establishing
Mayor ?erne: We don't want anything but justice to be done, it's all and we all
know what's coning to him.
Rev. Gibson: if somebody would give me the appropriate motion, Gibson will offer
it.
Mr. Plummer: Can 1, lather, just entertain one thought? You know
ua to•sit up here attd play this game of roust -about but none of us
negotiations. The poor guy that's getting the brunt of it is this
may I please indulge you that in no way do we tie the hands of the
not preclude our right of decision,.. You don't feel that it is?
it's great for
are doing the
one. Now Father,
Manager. We do
Mr. Andrews: No. Y think all Father is doing is just expressing himself as far as...
Rev. Gibson: Well, one thing is sure. Mr. Manager, I want to tell you what my posit-
ion is. I'm not speaking for anybody but Theodore. If he doesn't want to negotiate
a lease agreement I don't want to ever hear while I'm sitting on this commission
that he has paid any less than 17% plus he's going to get his own ticket takers and
his own ushers. Ok?
Mayor Ferre: I think the message is clear.
Rev. Gibson: Ok. Do you understand that? And if the day I hear it I'm going to
make another motion.
Mayor Ferre: Yes. That's what you call a message to Garcia.. Remember that one?
Remember what happened after that? They sunk the Maine. Right.
Rev. Gibson: I want him to negotiate but if he doesn't... I want to make sure that
the public understands. The newspaper writes everything else, they talk about us
like a dog, I want them to put this there; they write what Mr. Robbie says, I hope
they'll write what I said. If Mr. Robbie refuses to negotiate a long term lease I
don't want the Manager, and I want to go even further - my mother's name is Effie
and she's yet alive - I don't want her to tell me that he is paying less than the
going rate which is 17% plus paying for his own ticket takers plus paying for his
own ushers. When that happens I'm going to make another motion.
Mayor Ferre: The message is clear like if it was typed up in the Good Year Blimp.
It couldn't be any clearer. Anything else?
Mr. Andrews: I need at least some kind of understanding among the commission in
reference to this scoreboard question. You've expressed yourself but I think you
should get the concern of the other..of the commission.
Mayor Ferre: My opinion is that you go ahead.
Rev. Gibson: I think you ought to go ahead. Make the stadium first rate.
Mayor Ferre: You've got three. Rose, do you agree that we ought to proceed? There
you've got four. I don't know what Plummer feels. You can ask Plummer when he
gets back in.
0 MAR 2 51976 ...
AEFtC FLOW - BAY HEGHT 1ATomA MANORS AREA
i U$LIHEARING flagTS ALIALtASDEEOE
HORt—
E Ci
MAytq. Porto: Alright, loes go on wi Lh the Publid Rearing, Paul,
you want to tad us?
Mr, Andrews: What is it that you wish to acomplish at this time?
You want to have the hearing and then come back to the agenda
after that, 1 presume.
Mayor Ferre: Yes, you're not going to make all these people wait.
Mr. Andrews: Mr. Mayor, you received a report, I don't believe
you had time to read it...
Mayor Ferre: I read it. It's called Bay Heights Traffic Survey
March 25th.
Mr. Andrews: I think what we should have is the traffic engineers
come forth and at least give an overview of this so everyone in
the room understands what it is they're recommending and Mr. Gene
Simms will do that.
Mayor Ferre: Okay but I'll tell you, before we do that, Gene,
come on, we've got several things here and I hope that we don't
throw all of these things in the same pot. One thing is the
question of Bay Heights and the signs and the traffic patterns
and whether or not, that kind of a discussion. The other thing
is the widening of South Bayshore Drive to 3 lanes which is what
you're recommending in this one, right?
Gene Simms: Not quite but in that direction, sir.
Mayor Ferre: well that's what I read here unless you change your
opinion now. Are you aware of this report, all of you people who
are here for this Public Hearing?
Mr. Simms: We have brought some copies for distribution if the
people would like it.
Mayor Ferre: Let's start this way.
Mr. Andrews: I think it would be better, Mr. Mayor, if you gave
an overview of what his basic recommendation is so everyone...
Mayor Ferre: I think that's what we ought to do. We ought to
first of all hear Gene express the opinion and then after that,
I think we ought to have a Commission discussion as to how we're
going to divide this because I think we've got several issues here
and I think we shouldn't lump them all together.
Mr. Simms: Mr. Mayor, members of the Commission, Mr. Manager,
when we left here last time I had two or three assignments. One
was to address the question of just who, based on where people go,
is using Bayshore. Another question was the before and after on
the influence of Blue Dash. Now firstly, the question was how
much traffic, additional traffic, has the restricted operation on
US 1 required to operate the Blue Dash operation generated on
Bayshore. We went back through our traffic data records and we
find that in February 1973, outbound or westbound or southbound
on Bayshore, we had something on the order of 2,180 cars in the
peak hours between 4 and 6. During Blue Dash operations, some
two years later, that volume had increased to 2,270 sortie 4%, It's
now running about 2,459 or 8% above pre -Blue Dash. We think this
relates quite well to the typical arterial travel increase of about
Uv
MAR 2 51976
5% per year that has been going on for some years with the ecii
ception of little downward blit clufing the energy crisis. We
didn't provide this in this information, we thought you may have
some further questions and any of them, we'll summarize it and
send it along. i4ow then, the report just simply tells you that
we conducted a survey on Bayshore, asking a sample of people,
about 1 in 3 people, where they were going. The question are
set forth in the questionaire and then it's summarized in a table
on page 3 and we found this, Results of the study: Total traffic
westbound on South Bayshore Drive between 4 and 6 PM during this
was 2,460 vehicles. Total number of motorists interviewed,
some 746, about 1/3, 84.7% of the interviewed motorists use South
Bayshore Drive at least 3 times a week while most of the motorists
use it daily. The motorists destinations are, in the Miami -
Coconut Grove area, now Coconut Grove, we find in the minds of
most people, goes down to just about the canal but terminates
someplace west of US 1, it's not a precisely defined area. Of
all the motorists, some 52.4% have destinations there. Another
20% on into South Miami and some 12% in the Coral Gables area
and the balance of some 13% are south or other destinations.
That's about the size of it. Of interest, we found two people
seeking information during the survey on how to get to Miami Beach,
one for Key Biscayne, one for the Airport and two of the inter-
viewers were invited home for dinner so it was not a bad after-
noon.
Mr. Plummer: Gene, was there any way of making determination of,
you gave the quote of two years prior to the start of Blue Dash,
was there any way of making a determination as to how many people
were using South Bayshore Drive prior to the "NO RIGHT TURNS" at
the entrance of Bay Heights, Alatka, and Halissee.
Mr. Simms: I think it's in the mix. We've had a general 4%
increase.
Mr. Plummer: The reason I'm asking, your statistics showed on a
previous report that the intersection of Tigertail and Halissee
that at that 24 hour period, there were 2,997 that passed that
point in one 24 hour period. Now it seems to me that before the
"NO RIGHT TURNS" were put there, there were a heck of a lot more
automobiles using South Bayshore since they were restricted out of
the residential area, they found some other method to use. Now
I'm asking, are there any statistics that would show that?
Mr. Simms: Nothing that definitive, no. I think the direction
you're reasoning does matter so that our conclusions are these.
From the traffic survey interview data, the majority of people
that travel on Bayshore Drive weekdays between 4 and 6 PM have
destinations in the Miami -Coconut Grove area. It is also apparent
that the majority of motorists interviewed, some 84.7%, feel that
Bayshore Drive is the most liable route home since they use the
roadway at least 3 times a week. I think we're saying that people
use it because it does take them where they wish to go. It is
the recommendation, therefore, that South Bayshore Drive, and I'd
like to really emphasize here that we are not asking you to con-
sider a traditional or typical widening of Bayshore Drive like
Bayshore Drive out in this area which is 4 full 12 foot lanes nor
Bayshore beyond Bay Heights which is 4 reasonalbly 12 foot fat
lanes, we're asking for something quite different. We're saying
that with what we have, which is two 15 foot lanes, we'll stripe
that so that we have two lanes in one direction. We will need,
for a one thousand foot length, a wedge of additional pavement
which is 8 feet wide at the upper or easterly or northerly end
10I
MAR 2 5 1976
and tapers 0 feet one thousand feet south of that. This is not
widenir►q fayshr►r.e an it is to the north or it is to the south,
item r' 1.im i nr t_ i nq a Lightness that provides poor and hazardous
:ft ry i c+• Lo Lh►: people that use it. We ask that you consider that
tft()-sf_ :;erwunly on behalf of these thousands of people that use it
who. incur daily delay amounting to thousands of hours a year,
we're trying hot to lay that sort of thing on you, where there
is this sort of thing, there is hazard and it can be removed with
this m-xiest treatment. We do a great deal of this around the
County, I'm sure you are aware, where we just widen an intersection
to enable a turn lane. This is the kind of thing we're talking
about; not a full-blown standard widening of Bayshore. Secondly,
the turn restrictions on South Bayshore Drive, at Semana Drive
and Halissee and on Alatka Street at Micanopy and Tigertail be
removed since they are proving to be more of a hazard than an
improvement. They're aggravating hundreds of people, they're
undo burden to enforcement, in fact, they can't be enforced. We
ought to at least get those off the street. Those are our
recommendations, they are essentially what we've been asking you
to consider.
Mr. Plummer: Let me ask you this question that you be more
definitive, if you will, in that thousand foot strip that you
speak of, is that a full 8 feet from Alatka to 17th Avenue?
Mr. Simms: No sir. It starts at 8 and goes to 0 in the one
thousand foot taper.
Mr. Plummer: Is it to be assumed that since 17th Avenue is about
halfway, that it would only be 4 feet at 17th Avenue?
Mr. Simms: Let me show you a quick print up and let you examine
it and I colored it so you can see it very clearly.
Mr. Plummer: I think it would be very helpful.
Mr. Simms: At 17th, it's reduced to 16th on the order of 4 or
5 or 6 feet; it is
Mr. Plummer: Can we have easels so everyone can see it?
Mr. Simms: If I can borrow an easel and a board, I think I can
go through this very quickly. These are the same prints we de-
livered last time. These just happen to be colored to show we
think the relative modesty of it. 17th Avenue is just here.
This is Bayshore Drive going southerly or westerly to the Grove.
What we're asking for is a widening on the Bay Heights-Natoma
Heights side or northerly side of Bayshore beginning here about
8 feet and then wedging down to nothing at about this point which
is 150 feet beyond Coacoochee. This will enable a continous lane
in the inbound direction plus the left turn is so critical in the
successful operation of it, and will allow us to paint then two
lanes on south for sufficient length to accomplish the successful
merging of this traffic. We do this in many places where for
whatever the reason, we can't have a full-blown uniformly wide
road. On the 8 feet to 0 feet and a thousand feet, that will
take most of the delay out of travel homeward for a couple thousand
people five afternoons a week.
Mr. Plummer: Gene, from the point that's to the right, from that
point up to where the road is now 4 lane, is there any proposal
of widening?
100
MAR 2 51976
Mr: Simms: No sir.
Mr. Plummer: No?
Mrs. Gordon: Not right now.
Mr. Simms: We have just north of there, my answer was incorrect:
We're talking about 100 feet beyond the point of this just to
the bus stop if you can recall that, we'll use that: Picking
up at the bus stop, we just go on from there.
Mrs. Gordon: Can I ask you a couple of questions please?
Mr. Simms: If this piece of paper could be at the other end, it's•
110 feet from 17th to the bus stop.
Mr. Plummer: From Alatka to the bus stop is sufficient room there
now for 2 lane, is that what you're saying?
Mr. Simms: From 17th to the bus stop.
(INAUDIBLE)
Mr. Simms: Yes.
Mr. Plummer: Alright, in other words, you're not creating another
bottleneck, you would have two lanes then running from, let's
say, South Miami Avenue right up to 17th Avenue and it starts
tapering down from that point.
Mr. Simms: Correct and the distance beyond is sufficient to
successfully accomplish the merging. What it does technically,
it allows us to make maximum mutilization of the green time at
17th and do the merging random -like on down the line.
Mrs. Gordon: Mr. Simms, in your survey, I noticed that you have
determined that there are 52.4% of those people travelling there
who are Miami -Coconut Grove residents.
Mr. Simms: Yes mam.
Mrs. Gordon: Therefore, we would have to assume...
Mr. Simms: Destinations there. We wouldn't know if they were
residents or not.
Mrs. Gordon: Destinations there presumming they're residents
going there at that hour. Presumming that that is the case,
logically then, in my thinking, you would not expect an increase
in that portion of your survey. However, if you made the flow
better and more cars were encouraged to come through there, it
would appear to me if it increased in traffic which it would if
you had a better flow, you would get an increase in the other
categories which is the other 471/4%. So consequently, what you're
showing us now is not a solution but an encouragement in my opin-
ion to a further problem which will bring you back here in a few
months for a request to widen further and larger amounts of
property.
Mr. Simms: We think that alternate routes to Bayshore, LeJeune,
US 1, Palmetto, Turnpike, now that it's all being hooked up,
work in the direction of stabilizing that portion of the Grove
that you're speaking about. The 52% will grow in proportion in
U,
MAR 251976
response to development that would bu filling .in the area which
would be the perhaps. Essentially, it would be
responsive only to development, i think the point you make
cannot be discounted but I don't believe the growth would be
beyond that we have been experiencing through there which is
pretty much in response to the development that's occurring.
It's frankly not all that attractive a route. It's principle
constraint is still downtown Coconut Grove; you just can't get
all that many through there.
Mrs. Gordon: What was that last statement?
Mr. Simms: It's principle constraint is what we can move through
the Grove.
Mrs. Gordon: This is a Public Hearing so I'm not going to
monopolize the conversation. I don't buy your story, I don't buy
your survey as being a solution nor an argument for proceeding
on the widening and I just maintain as I have always maintained
that this was the wrong thing to do, you'll destroy the neigh-
borhood, you'll destroy the character of Coconut Grove and you'll
have to find some other way to do it.
Mr. Simms: I respect your view, mam, I always have and I always
will. I only bring it to you because of my interest and my
responsibility in the safe, efficient movement of, these are
people behind the wheel and riding as passengers.
Mr. Plummer: Gene, I even really hate to ask this question. Is
there any other alternative?
Mr. Simms: Sort of shifting of people around from where they
live and where they work, I know we're building a superb additional
roadway, I don't think so. This is a constraint that's occurred
in this roadway, it has sufficient attraction along its route so
these people struggle through here. It seems to me your choices
are quite simple; let them struggle or give them an increment of
modest relief that will make it safer and somewhat more efficient.
The overall route is simply not being improved. You aren't doing
an ounce of benefit down through the tight Grove area, the two
lane highway and so on. That's a part of the
attraction of the route.
Mr. Plummer: Where do we go from here?
Mayor Ferre: well you heard all the applause so I think I would
imagine that that's the expressed opinion of the vast majority of
the people here and on the other hand, you also heard the recom-
mendation of professional people from the Department and now it's
a question of making a decision as far as this Commission is con-
cerned on that item. Now after that, there are also 3 other items
and they are called Natoma, Alatka and Coacoochee. Well we got
three signs up there and you're recommending that they be taken
down and the last time we went around the circle on this one,
there were some people that were for it and there were some people
that were against it and then we decided that we'd have a public
hearing at night so that everybody would have the opportunity to
express their opinions. What's the first one up there at Bay
Heights where you have the number 3? What's the name of that
street? Semana? Semana, okay, there's a sign here,,.
Mr, Simms: That's the principle street into Bay Heights,
MAR 2519/6
Mayor Terre: That's the principle street at Bay heights, Now
that sign was pladed here to try to leviate a problem but you say
it's not eleviating the problem.
Mr. Simms: We have a few things in common to get the violation
rate that that does and few people get as aggravated at they did
when we were enforcing it. Mostly, we caught people from Bay
Heights,
Mayor Ferro: Let me ask the question and I want answers just
from the people who live in that particular neighborhood. I
don't want everybody else putting their two cents in. I don't
live there and I'm not going to put my two cents worth except
that I'm going to vote because I'm the Mayor. I'm going to ask
just the people that live in that neighborhood and then I'll ask
the others so that it'll be fair. Just those who live in the
Bay Heights area; how many of you, by a show of hands and then
I'll let you speak, Adele, how many of you, by a show of hands,
would like to leave the sign the way it is? 19 or 20, okay.
Now how many of you would like to take down the sign? Just
those of you who live in Bay Heights: Alright, you took a sur-
vey.
Adele Kanter: You know, this is very interesting, Maurice, be-
cause I went to a Bicentennial Meeting Tuesday of the City of Mi-
ami, somebody from Third Century came up with this brilliant idea,
let's go back to the New England Town Hall Meeting types where
the citizens can come up with their problems and they make their
own suggestions and even solve their problems and I said, well,
you know, we have that already working here in Miami and this is
a perfect example of it. The people in Bay Heights have gotten
together and we've discussed our problems and brought them before
the City Commission and we've gotten much cooperation. Less
anybody today says that they did not know about this meeting, I
present this.
Mayor Ferre: Okay, everybody knew about the meeting.
Ms. Kanter: Okay, that was the article that was in the newspaper
and it was delivered to every home. At our meetings, we have
discussed over the past few months the peoples feelings about the
signs. The people who are against the signs are very heatedly
against the signs because they do not want the inconvenience of
it taking another few minutes to drive around the corner. The
people who want the signs up are very about having
them stay up for the safety of their children. Now the ballot
that we sent to each and every home and we said that each home
could have only one vote. We gave them a selection. The selec-
tion is, I am satisfied with the traffic restrictions now in
force in the Bay Heights area, I am not satisfied with the traffic
restrictions and want all of them removed, I have no preferences
either way, I offer the following suggestions to solve our traffic
problems and ask that they be seriously considered. A 3 to 1 vote
wanted this sign retained on Semana Drive.
Mayor Ferre: How many actual houses or residences are there in
the Bay Heights area?
Ms. Kanter; 188.
Mayor Ferre; Alright, how many returns did you get?
Ms. Kanter; Somewhere near 50.
11 MAR1976
Mayor Ferret Fifty something people answered. They all got their,,,
Ms, Kanter: Everybody got one, I have to presume that the
j,e(4)1c that didn't answer had no preference, We gave everyone
a ehanr.:e t.n express their opinion and offer survgestions, alter-
nate :suggestions. There were ballotn done at other times, this
a follow-up ballot because the first time we did it, six months
ago, people said that they weren't given enough choices. On the
report that I received from the Traffic Department Survey in which
he recommends removing the signs at Semana Drive and Alatka and
Tigertail and Alatka and Micanopy, he said the number of viola-
tions that were committed at these signs. There were 15 viola-
tiona at the Semana Drive sign. Before that, we had something
like 300 cars coming through Bay Heights before that sign. I
don't know how this man can say that the sign is not working.
I'll give you these ballots.
Mayor Ferre: Alright, for the record, Now let me understand
this so we can move on because I would like for these issues to
be separated. I think it's important that each of these items
be voted on separately. Now, as I understand, the reason why we
did not vote last time, and I was ready to vote last time on this
thing but out of courtesy to some of the ladies that were in the
audience who said that there were alot of people who felt differ-
ently and so on and they didn't know and they were working people
and they wanted to be here, we said, and some of you got upset.
You wanted us to act right then and there but that was not the
right thing to do, this is the right thing to do. You have now
polled your people and you're telling me that out of the 180
houses, 50 somewhat answered and it was 2 to 1 in favor of lea-
ving the signs up which is basically what we have here tonight.
Ms. Kanter: It was 3 to 1 in the ballots.
Mayor Ferre: 3 to 1 in the ballots and we've got 2 to 1 here
tonight. Now, that seems to be the word of the majority of the
people.
Ms. Kanter: Tonight, I may add, you have husbands and wives
voting which on the ballot we did not. we asked each person to
sign the ballot.
Mayor. Ferre: Well, okay. We had 3 to 1 and 2 to 1, hey, that's
close enough, okay? It doesn't matter whether it was 3 to 1 or
2 to 1, the fact is that there's obviously a strong majority who
want to leave it that way. I want to express my own personal
opinion and I apologize to those that are going to be inconvienced.
I think that when the choice is between inconvienced people and
the safety of citizens, especially children, I don't have much of
a choice.
(INAUDIBLE)
Mayor Ferre: You have a right to be heard.
Ms. Kanter: I regret that we cannot solve the rest of the City's
problems as simply as we've been able to solve the Bay Heights
problem, I truly regret that.
Mayor Ferre: I would be happy to let those of you who are...who
are the ones that are going to protest this? Alright, how many
of you want to speak tonight? How many of you really need to
speak on this issue? On this issue alone 12. Are you all
against? If t give you 5 minutes, that's going to be an hour.
If 1 give you 2 minutes, that would be about h an hour. Does
anybody want to speak more than 2 minutes. Okay, let's just
line up here: and you've got 2 minutes apiede and try to make it
loss than that, okay?
Robert Usherson: My name is Robert Usherson and I live in
Coconut Grove for 20 years, I grew up in the Grove and I'm
familiar with all these problems...
Mayor Ferret What's your address?
Mr. Usherson: Oak Avenue, 3034. and before that I lived on
Tigertail for about 15 years.
Mayor Ferre: You don't live in Bay Heights but you've got a
right to speak, hurry up.
Mr. Usherson: I recognize the concern over the safety of the
children in the neighborhood. I am inconvienced by being kept
out of the neighborhood, I am not going to suggest that it be
opened up but I just want to point out an observation of mine
and I think we have a dual standard being applied on traffic in
Coconut Grove. In the one case here, we have traffic being kept
out of the neighborhood for the safety of the children yet on
Bird Road, since the Blue Dash was initiated, traffic is not
permitted to proceed westbound across US 1 and rather it is
routed on, I think, Hibiscus Street to the black neighborhood
and you have alot of children in there too and I think the same
consideration should be given to both neighborhoods.
Mayor Ferrer Would you believe this. If you need to clap, you
go right ahead and do it but yould you believe me that that
really isn't going to change anybody's opinion and I think we're
alot better off if we just act like the grown-up people we are
and speak right to the issue and just sit down and be as objective
as we can.
Arthur Camfield: My name is Arthur Camfield, I live at 1730 Noc-
a-tee Drive. How about our own children who you have forced traf-
fic onto doublefold. Your signs don't do any good in the first
place. The guy drives up along there and he takes a look and if
there's no police there, he goes in it. Second of all, I hope
I'm never in an ambulance when an ambulance tries to get to the
hospital. An ambulance cannot get to the hospital between 4 and
6 in the afternoon.
(INAUDIBLE)
Mr. Camfield: It's my turn to talk. And the signs that you've
got. And most of all, I want to know why one group of people have
the right to have a public street closed off. Thank you.
Mayor Ferre: You've got some points.
Herb Krensky: My name is Herb Krensky and I live in Bay Heights
and I've lived there since 1960. My objection to this thing is
number one, these ballots were never delivered to many, many
residents in the neighborhood. I know I didn't get one myself and
I was looking for it, that's number one. Number two, if they are
going to close off traffic from coming in, why cannot the residents
have stickers on their cars so that the residents can turn into
their own neighborhood. This is easily done,..
Mayor Ferre, See? With all the clapping, I didn't hear what you
said because they knew what you were going to say,
MAR 251976
Mr. Krensky: i was saying, Mr. Mayor, that wouldn't it be possible
that the residents that live in Bay Heights have a sticker in
their windshield showing that they are residents inside the walls
so that they are not precluded from coining in during peak hours
rather than going all the way around and coining back ih the other
Way. in other neighborhoods like Key Biscayne and on the Venetian
Causeway, when the people live on the , do have stickers
identifying them as residents of these particular areas and I
would say that if you are considering maintaining these signs
prohibiting these turns, then it would be equitable to the people
who are inside the walls and who cannot get in any other way to
allow them to come in with a special sticker, a decal, and I
think that's easily possible and would solve alot of these problems.
Thank you.
Mayor Ferre: It's reasonable, but that's a public street.
Mr. Plummer: Who's going to stand there and enforce it?
Mayor Ferre: That's the first problem is who's going to enforce
that and number two, I don't think on a public property like that
you can distinguish who can make a right turn and who can't because...
L would imagine that's illegal, I'm not a lawyer but. It's a
nice idea but.
Marilyn Reed: Marilyn Reed from Coconut Grove, I'm representing
Central Grove Association. The first thing I'd like to do is to
remind you of something. On January 10, 1974, when we were turning
out bodies all over the place as you well know, fighting for our r"''
Master Plan, you all passed a motion on that date, reaffirming
your position as the City Commission, that you were opposed to
any further widening on South Bayshore Drive.
Mayor Ferre: We're not talking about that today.
Ms. Reed: I just wanted to remind you...
Mayor Ferre: We are talking about it tonight but...
Ms. Reed: You're talking about only the Semana area at this point?
Mayor Ferre: That's right, that's all I'm talking...
Ms. Reed: Then I'm out of order with this.
Mayor Ferre: You are. I'll recognize you when we get to talking
about the widening. I'll recognize you at the right time.
Michael Kenny: I'm Michael Kenny, I live at 3000 Bird Avenue.
Myself and most of my neighbors feel that the only way, the only
convienient way for us to get from the City of Miami or Downtown
Miami into Coconut Grove is to come down Bayshore Drive. As most
of us drive as singles, it's not possible for us to come down
Dixie Highway unless we go and make several turns or a number of
turns.
Mayor Ferre: What does that have to do with this?
Mr. Kenny: It seems unbelievable that they're blocking off City
streets during the rush hour to make it inconvient during the rush
hour for people to transport themselves into Coconut Grove.
Mayor Ferre: As I understand you're arguing, somebody please correct
me if I'm wrong, is that the people in that particular neighbor-
hood don't want right turns during certain hours.
Mr. Kenny: They don't want other people driving through their
neighborhood so you're restricting the neighborhood.
Mayor Ferre: The reason they don't want it is because people using
what is an effective residential street as a thru-street to get
someplace else, right? It's the very same logic, now follow me
si
MAR 251976
rtk
4
because all of you here are clapping when Hose Gordon says that
we're not going to widen South Bayshore briVe, you like that
don't you, you all applaude and you're happy with that. The
logic behind that ie, you don't want to widen that thre-wait be-
e.euee what you're doing is you're gifting at incentive to those
people that really don't live in the Grove to use that and then
you're going to increase the traffic and you don't want to do
that because you live in homes and you want the integrity of
your residential neighborhood protected. you don't want people
that live in South Dade County driving through Coconut Grove
because it happens to be convient, right? Now let's take that
to the next scale down. •The next scale down is the neighborhood.
They have 180 houses and those people don't want you driving through
there to go to Bird Avenue the same way that you don't want some-
one driving through South Bayshore Drive to go down to South Miami.
Now all I'm saying is what's sauce for the goose is sauce for the
gander.
Mr. Kenny: You're the Mayor.
John Ardburn: Gentlemen, Mrs. Gordon, I'm John Ardburn and I live
in the Grove, 3139 S.W. 27 Avenue and along with the sauce for
the goose and sauce for the gander, I saw the stop sign to keep
traffic off a minor street, they were using it, thru traffic
movements to be confined to arterial roadways preventing from
using short cut or bypass routes through low density neighborhoods,
City of Miami Planning Study for the Grove. They were doing just
that and I saw the stop sign not to prohibit cutting through a
neighborhood but to at least slow it down. I couldn't get it,
they said no, you can't do it...
Mayor Ferre: Who said "no"?
Mr. Ardburn: Traffic. I went through a Mr. Smith, I'm sure
traffic can go through and he saw the sign too...Whoever it is,
you try and get a stop sign, you talk to a guy named Tom and I'm
sure traffic will go through. Talk to a Mr. Smith first and a
young guy named Tom, he may be here tonight. They said you can't
do it, it's illegal and you can't block it out, it's a public
street. All I ask is if Bay Heights can do it, why can't I do it?
Mayor Ferre: You're absolutely right, I agree with you 100%.
Mr. Ardburn: What's good for the goose is good for the gander,
I can't see it through Bay Heights. I used to use it and now I
have to go down and I don't like it but I think we should be fair.
If Bay Heights can do it, so can any other neighborhood, that's
all.
Mayor Ferre: Is Tom here? Who's Tom? I happen to agree with you.
I think you're absolutely right.
Joan Tennis: Joan Tennis, I live at 1829 Tigertail. I noticed
that simultaneously with the no right turn signs, there was a
very significant increase in checks on speeding on Tigertail, it
was very effective. That's what we need, you don't have to do it
constantly. They're beginning to forget now the painful experience
of being stopped and being given a ticket but I think it is at
least as feasible and probably more feasible and certainly much
fairer to everybody to have very tough checks on speed on Tigertail
all the way through Bay Heights, every other street that people
live on. If you drive 30 miles an hour, and people shake their
fist at me because I drive 30 miles an hour, your children are
safe if you brought your children up to be reasonably careful,
they're as safe as they are with your next door neighbor. That's
what we need is good, tough regulation on the speed limit in
residential areas and if it's got to be 25, okay so be it, it'll
take us two minutes more to get home. That's what we need and we
need it everywhere. We need it through the black section, we need
it on Tigertail and we need it on Bay Heights.
Mayor Ferre; Where were those residential communities?
110 MAR 251976
Ms. Tennis: Wherever ther.r_'::, a ;_e si'ient_..i 1 street. We don't need
unfair distribution, we don't nee'i Bayshore widened.
Seth Skl.ar.y: Seth Sltl.ary, Box 33000 Coconut Grove. I'd like to
suggest a possible compromise if the street signs are removed
prohibiting the right- turn lane. if at through Bay heights you
might put two speed along the thru--street which would
effectively :slow down t.hetraffic.
Mayor Terre: We've been through that one before.
Mr. Sk l ra ry : My solution on where they put up the sign , we just
go down there, there's no traffic coming into town, make a U turn
and come back in there through :here if 1 really have to get there.
Mr. Taylor.: Mr. Mayor, my name .u- Taylor and I live on Tigertail
and I've lived there for about 2e veers. The lady who spoke just
a moment ago said approximately what i. wanted to say about Tiger-
tail. The fact that these "no tight turns" from Bayshore have
significateiy reduced the very heavy traffic that we had on
Tigertail and the only thing that T :~ranted to say was that although
I know you' re t yinc to separate the issues that, for instance,
the Bay Heights issue, it is directly related. You can hardly
separate these issues because eve ytime something is done to correct
the condition, it seems to move it on down the line. It's moved
it now from I3ay Heights all the ,ay to Tigertail and if you make
a change there, it's only going to continue•in another session
that you're going to have to make further changes.
Mayor Ferre: 7 wish I h e the wisdom of Solomon...
Mr. Taylor: Well I wish you did. There is no solution really
but I would say this. For the entire length of US 1, the Blue
Dash has made it "no left turn" for residents who live right
here in the Grove, in the immediate area, they cannot turn left,
with the idea that it will help to facilitate the moving of that
through traffic. Now if it's proper to make those "no left turns"
in the entire length of US 1, I don't see why it is not proper to
make "no right turns" in order to facilitate on the main artery
through the Grove on South Bayshore. Thank you.
Mayor Ferre: You see what this gentleman is saying, and the truth
of the matter, we say that if we had the wisdom of Solomon. You
know what the real solution is, unfortunately it's illegal, but
the real solution is to put a barrier so that people couldn't go
beyond Coconut Grove but you can't do that. If Coconut Grove were
an island or a penninsula, you wouldn't have that problem but it
isn't and Gene, I made a comment this morning, when the elections
were through and the housing bond issue had passed, up on the
left hand side of the Miami Herald the headlines said "Ford
Blitzes to Victory" and then it said, "President Ford won Florida
with so many precincts by 53%." Down on the bottom, on the right
hand side, there was a little story and it said, "The City.of
Miami housing Bond .Issues squeak by with 53%." Now I'm not saying
that the Miami Herald's not objective, we all know that it is
but the point is that it all depends on who's writing it. I'm
not blaming anybody, it's all in your viewpoint. What you consider
a blitzing victory for Ford, you consider a squeaker for the City
of Miami and it was the same proportion. What. I'm trying to say
is that it all depends on who's vantage point you want to take.
Now this report, Mr. Simms, says that the majority of the people
that use this road are goenq into the Coconut Grove area, 52.4€,
You could have also said that almost half, see if I were writing
this, I would have said, almost half of the people that are using
this road are squeaking by to some: other community and that would
have been an accuratc statement too, wouldn't it? See, it all
depends on what side you're going to look at it from. So the
point is it all depends who's side you're looking at it from. The
truth of the matter is that the problem with South Bayshore Drive
and therefore the problem with Si.imana and Alatka and the other one
is that there's too many i,eople going through. Now, I guarantee
you if those 48.6% of the people, 47.6% that are using that road
Y MAR 251976
tb go through Coconut Grove didn't do it, none of you would have
any problems.
bale Clarks Mr. Mayor and members of the CoffuY►ission, I'm bale
Clarke and I live at 290 Shore Drive East in gay Eeighta. I
have a birdseye view of the Semana turn in off of South Miami
Avenue. It was mentioned by Mrs. Adele 1tantor that there were,
I' think in the neighborhood of 30 violations. When t say I have
a birdseye view, I viewed last evening and this evening, there
were 6 cars stopped last evening, one ticket was issued, there
were 5 vehicles stopped this evening with no tickets issued. At
the same time that the patrolman or police would stop one car and
would talk to the individual that he had stopped, 5 vehicles would
come in and go by which he made no effort to stop whatsoever. in
fact, last evening, the policeman did not even get out of the car.
The person that was stopped got out of the car and went back to
him. My point is this, if the City of Miami put a 5-day police
on for 1 week every evening, in fact...I'll divert for one minute.
Last evening I saw a man, a pedistrian in a car, made the turn in
Semana, the policeman was sitting back and when he saw the police,
he made a U turn and tried to get back out on South Miami Avenue.
He wasn't fast enough because he got stopped by the Doctor's home
over here. 5o if we had a 5 day police for 1 week, this would
curtail the traffic terrifically. Now one step further. I saw
last week, I'm retired and I'm outside most of the time and view-
ing this, I saw one gentleman that was stopped this evening. He
was issued a ticket, this was last week. The next evening, the
same car and the same man came right in the driveway and kept
right on going. Now I must say this. I live there, my wife, who
had never received a ticket in her life, was one of the first
ones to get a ticket. This was back some time ago when it was
instituted. She did not tell me so it was $25.00. Now the
$25.00 did not seem to deter them but if it were done on a 5 day
week basis, this would be it. Now last evening we almost had a
collision in Bay Heights and I was a birdseye view to that. It
was a motorcycle that was racing and• the Trooper was after it.
In fact, by the time he was through and did navigate the turn,
he had made the turn off of Bayshore Drive onto Shore Drive East
and he sped sideways up broadside onto a mans yard and his head-
lights were headed back right facing me. He in turn put it in
gear and pulled out and tried to make a U turn and he ran up on
the•yard of a former member of the Commission here, reversed it
back out of that and it reminds you something of the Streets of
San Francisco with the smoke flying. In the mean time, the
fella on the motorcycle, he was out the gate and gone. I didn't
get any license numbers. But what I'm saying, if the City put a
man there consecutively, not periodically, this would be
and that would be it. Thank you.
Mayor Ferre: You're a very observant man.
Walter A. Mobley: I live in 81 Shore Drive West inside Bay Heights
area. What I'm trying to say is just because I live inside the
area that's surrounded by walls does not mean that we can let the
people outside the wall get stuck with our traffic. I'm sure the
people that live in the Grove agree with me and I just wanted to
make that point. I have found that most people that live inside
Bay Heights make the turn anyway, I'm one myself. I got a ticket
on Alatka because a policeman was visiting a lady whose dog was
killed the day before because of the traffic around there and I
don't think it's correct just because we're Bay Heights to get
stuck, for the people in the Grove to get stuck with our traffic.
Mayor Ferre: Thank you. Anybody else?
Mrs. John Peters: I'm Mrs. John Peters and I lived in Bay heights
for 20 years and I live on Shore Drive East and I just want to say
that prior to our signs that we have had bumper to bumper traffic
from 4 to 6 and I mean really speeding through the area. Not only
from 4 to 6 .but in the morning hours because we happen to live on
..
the turn on Shore Drive East that they are screaming on that turn,
Now anybody crossing that street, we are in a residential area, we
11'r MAR 2 51976
assume that our home is our castle and we don't expect this traffid
that you would (jet on US 1 or Bayshore Drive, Now we happeh to
live on "hore Drive East where we have Bayshore Drive on one side
of us, ,;iior.e Drive Fast on the other side and so consequently, we
are not only getting the screaming and screeching of traffic on
one side, but if we have to contend with it on Shore Drive East, it's
just not: fair. We have lights at Mercy Hospital which we cross the
street from and believe you me, I have heard so many collisions and
have called so many policemen and ambulances to take care of this
traffic that it's unbelievable. Now why should we have to contend
with this traffic on both sides of the street. I really don't think
it's fair. T. don't know what the solution is but I can tell you
one thing Mr. Mayor that since these signs.have been put up, the
traffic has been less, we feel safer...
Mayor Ferre: so you're for the signs.
Mrs. Peters: I am definitely for the signs.
Mayor Torre: Alright, thank you Mrs. Peters. Anybody else?
Margaret Werner: I'm Margaret Werner. and I live at 1855 South Bay -
shore Drive. I'd like to speak about the Bay Heights. I haven't
known about this before, I'm full of sympathy for their being locked
in by traffic at certain hours of the day. We have one driveway,
we couldn't think of going out between those hours. To us, it's a
very great problem also. Now the other thing that occurs to me, we
moved here 18 years ago from St. Louis. In St. Louis we had many
private places. These could be cut off, they could be shut, both
ends, they could control who came and who went but the people who
lived in there paid for the upkeep of their streets and their guards
and their security people and all of this which I suppose gave them
these certain privileges. Now I think it's just dandy if you can do
that sort of thing, we can't down on South Bayshore Drive. I don't
see any possibility of our asking for certain police protection or
certain curtailing of traffic and all of this.
Mayor. Ferre: Why not? You're entitled to it just like the people
any place else:
tds. Werner.: But T think it's just dandy. I'd like to ask for that
too. I'd like to have 30 miles, I'd like to have the traffic
stop when T want to get out or when children want to cross the
street but as it is we have to go over and take the bus, you have
to wait to slither through the traffic and hope you'll make it. It's
really quite a problem and I really don't see, because I looked at
the map, how you come down a wide spot in South Bayshore, then a
little narrow spot, then you want to make another wide spot, then a
little narrow spot and it just looks like a funny sausage.
Mayor Ferro: You've got me confused. Are you for or against the
signs of turning right into Semana.
Ms. Werner: Frankly, I'm puzzled.
Mayor Ferre: Thank you. Anybody else? Now I'm going to read into
the record a phone call here from Mr. Sussman of Florida Realty phoned
hearing on Bay Heights. Feeling strongly on this matter that one
Gouth Bayshore from Alatka to Dinner Key area should be widened as
the rest was. Two, prohibited right turn during rush hours is
completely unfair. Mr. Sussman, Florida Realty.
Mrs. Gordon: Where does he live?
Mayor Ferri:: How do I know. The man just sent a message for the
record, it's in the :record. }searing no other people on this item,
do you want to say anything else, Gene?
Mr. Simms: Just as a matter of information, when this restriction
was first created, there was 3 weeks of steady enforcement and we
seem to he a little bit confused. We think the sign is quite legal
MAR 251976
but I understand it being dismissed in court.
Mayor Perre: What?
Mr. Simms: We think the sign is quite legal but we understand that
the fines are being dismissed in court.
Mayor Ferre: The fines are being dismissed in court? Is that right?
Mr. Plummer: Yes.
Mayor Ferre: Why?
Mr; Plummer: The Judge has seen the side of the tickety and said
that he feels that it's not fair and he's thrown it out of court.
From what I have heard, the feedback that I have got that most of
the fines have been...
Ms. Kanter: May I add the reason for this is because the Herald
keeps coming out and the Miami News keeps coming out with articles
saying that the Department of Transportation is recommending the
removal of these signs and the City Commission is going to have these
signs removed because they're unenforceable. It's because of these
articles that the Judges are sympathizing with the ticketees.
Mayor Ferre: Alright, what's the will of this Commission at this
stage?
Mrs. Gordon: I move that we retain the, we don't widen Bayshore.
Mayor Ferre: Rose, we're not on that now.
Mrs. Gordon: Alright, I've got a one-track mind.
Mayor Ferre: I feel just like you do. I'm just as tired as you are.
Is there a motion on Semana Drive?
Mr. Plummer: I make a motion, Mr. Mayor, that the overwhelming
majority of the people who live and reside in the area is to keep
it and I make a motion that in accordance for that that it not be
removed.
Mr. Reboso: I second.
Mayor Ferre: There's a second by Commissioner Reboso. Further
discussion, call the roll.
The following motion was introduced by Commissioner Plummer
who moved its adoption:
MOTION NO. 76-316
MOTION APPROVING THE CONTINUED NO -RIGHT -TURN
RESTRICTION OFF SOUTH'BAYSHORE DRIVE AT SEMANA
DRIVE IN BAY HEIGHTS
Upon being seconded by Commissioner Reboso, the motion was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None
Mayor Ferre: Now let's go onto the next problem. What's the next
street the road?
Mr. Plummer: Alatka and Halissee.
Mayor Ferre: Alright, now how many of you want the sign to remain
IL; MAR 2 51976
at Alatka :' it•t i_se your hands those who want the signs at Alatka to
tt main the way they are. 'Those 1 haL aro opposed, those that want
the sign removed from Alatka: How many of you wish to he heard on
this sub jef:t:'
Mr. I'iumrnc.r: Mr. Mayor, I do fool t.hat it would he fair,since both
of thos do lead into the same sub -division that you could discuss
them both at. the same time.
Mayor Ferre: Which one?
Mr. Plummer: Alatka and Halissee both lead into the same sub-
division.
Mayor Ferre: Alright, let's talk about Halissee. How many of you
want the sign at Halissee to remain? How many of you want the sign
removed? It's about the same proportion. Okay, does anybody object
to both of these items being discussed as one? Anybody object to
that? Alright, now who wishes to be heard at this public hearing
on this one subject? Alright sir, i'll recognize you. Who else
wants to speak on this item? Anybody else?
Dr. Lieber: I'm Dr. Lieber and I live in Bay Heights and I live on
the corner that's the end of Tigertail so I can see the corner of
Alatka and Tigertail quite well. It's a nuisance for us to go around
and come back through Alatka to get back into Bay Heights but it
proved worthwhile because of the reduction in traffic that the other
people have spoken about. On the other hand, there's a real neces-
sity in completing the job if we retain the sign at the corner of
Bayshore and Alatka. The sign does not adequately show that it is
not a thru-street and there is complete disregard by motorists.
Now a traffic engineer told us that about 2,000 people go down by
Bayshore and Alatka and about half of those go to Coconut Grove in
our area. Now by counting myself on two occasions, I found that
between 4 and 6, 190 motorists made illegal left turns from Alatka
going south into Tigertail or did the more dangerous thing of going
north into Bayshore, into Bay Heights and making a U turn and then
going back down south onto Tigertail. This last maneuver is
exceedingly dangerous and I saw one almost bicycle accident. It's
a careless, it's rotten, sloppy part of driving. So I feel that
because of the reduction in traffic, because these streets were not
built for thru-street traffic that the sign should be retained but
that we should have at least selective enforcement so that people
realize that those no left turn and no swinging southbound into
Micanopy and into Tigertail can be accomplished there. If you're
in a hurry to get south, I appreciate it but you shouldn't make a
highway of residential streets.
Mr. Plummer: Mr. Mayor, what this gentleman has said, Gene, to you,
that if there were a sign at Alatka and Bayshore headed south that
indicated right turns for local traffic into Bay Ileights only, I
think it would be clearer who could turn there and who could not.
If you indicate exactly what it is for local traffic into Bay Heights
only r think would be clearer.
Dr. Lieber: May T. just clarify a point and that is that many innocent
motorists get to the corner of Tigertail and Alatka and they're con-
fronted by an impossible situation. They can make an illegal turn
and go back down Alatka, they can make an illegal left turn to go
into Tigertail, they cannot go across Tigertail into the other half
of Alatka because that's a one-way street and they can't turn right
and make a U turn into Bay Heights. There is no answer there because
there isn't adequate signing.
Mr. Plummer: There's only one legal way that they can get out of that
situation and that's to come back out the Semana Drive entrance.
Mayor Ferre; Alright, next speaker.
Ray Asmer: Mr, Mayor, members of the Commission, once again, my
name is Ray Asmer, I live in Natoma. Manors at 17th Avenue and
Way-kee--na. The reason I'm here tonight is just to ask you to not
MAR 2 51978
make an intolerable situation more intolerable. I was out of the
country when you had the last meeting and I understand that there
was some discussion about the closing of Halissee and Dixie Highway
Us 1, Halissee is the street that .runs diagonially off of lith
Avenue and U5 1, Now I'm in sympathy with tiny friends in Hay Heights
ahcl I have many there and J, L., people like you that live in the
interior of Natoma Manor but I would like the Commission to knos
that sines you represent all of us that those of us that live on
the perimeter of Natoma Manor also have rights. In fact, 1 have
documentation here to show that those of us in the least desirable
block of 17th Avenue in the 25 and 2600 block actually pay more
taxes than the people in Bay Heights. Our lots that are 7700 square
feet are assessed from $18,850.00 to $20,000.00. Lots 15% larger
in Bay Heights are assessed at $17,800.00 to $18,000.00. Now where
is the equity? We live with a situation where people make U turns
in our front yards. They can turn around in Wa-kee-na but for some
reason they don't wish to do so, they turn into the properties. You
have a 15 second light in the morning at 17th Avenue and those of
us that live on that block are at the mercy of some kind motorist
stopping so we can get out of our driveways or parkways and the only
thing I'm asking in due respect, do not compound the situation that
exists there. I would be vehemently opposed to the closing of Hal-
issee and US1. I commend you for closing Alatka and US 1 because
indeed it was a hazard, there were many accidents there and possibly
Natoma or 19th Avenue and US 1 and I commend you there and I would
also like to say one thing, J. L., my son happened to be out of the
country and came back and made a right turn on Halissee Street and
it not only cost me the fine but it cost me about $1,000.00 more
on my insurance premium for 3 cars the following year because of
that and yet he has every right to turn right on Halissee because
we live in Natoma Manors.
Mr. Plummer: Ray, let me bring up only one point so that there'll
be no misunderstanding. The only discussion that I know of that
has evolved in all of these hearings about the closing of Dixie and
Halissee was not because of the traffic because, and I'll lay the
blame where it is on the Planning Department in the Master Plan of
all of Coconut Grove.
Mayor Ferre: Is that before us tonight?
Mr. Plummer: No, it is not. It has not been, Mr. Mayor, in any of
these hearings relating to the traffic. It only came up during the
Master Plan proposed by the Department; nothing in relation to these
traffic hearings.
Mayor Ferre: That's not before us tonight, Ray.
Mr. Asmer: What's that?
Mayor Ferre: We're not even talking about that tonight. That's
not before us.
Mr. Asmer: I know, Mr. Mayor, but I didn't have the opportunity to
appear before you put these restrictions on Semana, on Halissee,
J. L., you put all of these restrictions inside of Natoma Manors,
one-way streets, stop signs all over the place, this is fine, I'm
in accord with a certain amount of this but those of us that live
there have certain rights too. This is not a private area that's
. True, I agree, the traffic, thru-traffic
should be kept out of residential areas but we have to live with
the situation, we have not opened up our mouths but there's just so
much that we can take.
Mayor Ferre: Wait a minute. Now you say that you agree with this,
right?
Mr. Asmer: I don't necessarily agree, Your Honor, but I didn't say
anything prior to this but I had word that Halissee and Dixie Highway
was going to be closed and I wanted to bring to your attention what
we live with, what we're willing to take but we don't want any more
impositions put upon us, that's all.
124.
MAR 2 51976
Mayor Terre: lre 11 .1. was `:oing tel you that if you agreed, Lhen
we would take the credit fur i t , L f you disagreed, you could talk
to Mr. Plummet after the meeting.
Mr. ItE;t v?.r: There was one other hirg I wanted to say and I lost
ray trend of thought. There shou Id be some constructive criticism
as tr, what Can he rlone to eleviate the situation. Now I'm not a
traffic expert but [ have my doubts about the Blue Dash and the
wrong way traffic on I)i.xie Highway and perhaps, is this still in
effrr:k that the express lane has to have mote than two people in
car before it can be used. Is that correct? Well many times this
lane is Free. What difference does it make if there's one person
in tha car, 2 or. 3? If a person doesn't want to take the bus, he's
not going to take i t . You're trying to encourage them to take
public transportation but if _ ley' re not using it, this is not the
.-answer. If we can expidite the traffic flow on Dixie Highway, this
is the answer. Thank you, I didn't me ,. to he rude but I just
wanted my feelings known.
Mayor For re :
You have t:.h'tt right, absolutely.
Mrs. Gordon: Mr. Mayor, I'd like us to refer back to the Planning
Department -+ consideration for :;1odif i.ca,tion on the Plan with regard
to the IIalissee openin_, or closing. I think that he's absolutely
right that if we don't do that and Rio it now that before he knows it
or we know it, it'll be closed. T' 11. move that.
Mayor Ferre: You heard the motion. Is there a second to the motion?
Mr. Plummer.: Mr. Mayor, I would be ;lad to second the motion because
L'm all in fa -,,or of it. I only brink a word of caution since all
the hearings before were done in public hearing that we don't get
called on the carpet at this Lime for not holding another public
hearing addressing that problem. Tem all in favor and I'll vote
"yes" because T use that entrance all of the time.
Mrs. Gordon: J. L., this motic,r) is
ment for recommendation.
Lc refer
to the Planning Depart -
Mr. Plummer.: Oh, fine, 1 vote ",,es"
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Vice -Mayor Gordon who
moved it's adoption:
MOTION NO. 76-317
MOTION TO REFER L3ACI; TO THE PLANNING DEPART-
MENT FOR CONSIDEPATICN OF A PROPOSED MODIFI-
CATION OF THE PLAN WLTII REGARD TO THE CLOSING
OF IIALISSEE F1TREET IN NATOMA MANORS
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
AYES:
NOES: None
Commissioner J . L. Plummer, Jr.
Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
Mayor Ferro: Now wivIt's the wi ._ on these two streets that WO'VC
just been talking about for a half an hour?
Ms. Kanter: The first ger:tlem :r. to speak said that we just haven't
quite completed the job and I think that if you do vote to retain
the signs on Alatka and Halissee and Micanopy and Tigertail that we
add one more sign that sans "NO U TURN" and I think that will com-
plete the job. That "NC) U TURN" Sign should be at Tigertail and
Alatka.
MAR 251976
Mayor Ferre: Let's see if we can get through this one first and
then we'll talk about the U turns next because otherwise that'll
be another beehive. What's the will of this Cofti'ission at this
time on those two streets?
Mr. ttebo3o: Iialissee and tlatka? t move that we keep the signs
the way they are,
Mayor Ferro: There's a motion that the signs be kept. Is there a
second?
Mr. Plummer: Mr. Mayor,'there's no question where I stand, I just
really hate to second the motion but I'm all in favor of it. I
second the motion.
Mayor Ferro: Plummer seconds the motion... Further discussion? Call
the roll.
The following motion was introduced by Commissioner Reboso who
moved its adoption:
MOTION NO. 76-318
MOTION APPROVING THE CONTINUED TURN RESTRICTIONS
ON ALATKA'AND HALISSEE STREETS IN NATOMA MANORS.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
AYES:
NOES: None
Commissioner J. L. Plummer, Jr.
Commissioner Manolo Reboso
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
Mayor Ferre: You know, from my personal opinion, I don't think it
means a darn thing as to who makes motions and to who seconds.
The only important thing that really counts is who votes and if we
vote for it, what's the difference.
Mr. Plummer: Well I guess, Mr. Mayor, when you get enough people
hitting you in the head saying it's Plummer's idea because Plummer
lives there...
Mayor Ferre: Plummer, you got such a thick skin.
Mr. Plummer: Mr. Mayor, I would like to bring up a point now Gene
and I hate to compound a problem but I'm going to tell you something.
I believe that some attention needs to be given to Bird and Hibiscus.
There is a definite problem, there is no question about it and I
think the person who brought it out brought it out very fairly that
if one area deserves attention because of a problem, there's no
question in my mind that there is a problem at Bird and Hibiscus and
yes, it needs attention.
Rev. Gibson: Mr. Mayor, I brought to the attention of the City be-
fore that that Hibiscus traffic abutts our City Park and that
says another thing. Not only you in a residential area but all those
people that use that park, their lives are endangered and I raised
that question before and nobody did a thing or said a word about it
and I hope we will get some action on that now.
Mr. Plummer: Gene, may I, not being an engineer, merely ask you to
look at one problem and that is the problem that Ray Asmer brought
_ out that it seems like everyday is getting worse. When I go to the
office in the morning, I go Noc-a-tee to 17th Avenue and many mornings
I suffer at Noc-a-tee what he suffers worse halfway down the block
because I believe the light is only 15 seconds for northbound traffic
on 17th Avenue and I merely ask you to look into the possible exten-
sion of more than 15 seconds to try and clear some of that traffic
which now is sometimes backing up two and three blocks, almost to
Tigertail so I ask you to look at that and see if there isn't a
{
12 i MAR 251976
possibility that more traffic could be cleared through there.
Mayor Ferre: There was a subject of U turns. We haven't touched on
that. Anybody want to venture,
Mr. Gene Simms: This related to U turns and the stronger sign down
at Bayshore.
Mayor Ferre: You don't want people going in there with U turns.
Mr. Simms: I think the point was they are getting in and finding
they can't turn left and U-turning to get out.
Mr. Plummer: They are making a right tnen U-turning inside.
Mr. Simms: I see. The sign at Bayshore would tend to diminish that
I think.
Mayor Ferre: We have the signs, why not put those signs, no U turn, there.
Mr. Plummer: What he i.s saying, if you stop them at Bayshore and Alatka
first, you don't need the sign further down, is what I am saying.
Mr. Simms: And maybe a follow-up with a no-U,----
Mayor Ferrel I think one of the things we really ought to do, Mr. Andrews,
is try to give some special emphasis on enforcement. WE ought to have a periodic
spruce -up of enforcement. I know you are getting groggy like the rest of us,
but we will be through hopefully in a few minutes.
Mr. Simms: T think I got the message sir.
Mr. Plummer: Gene, on behalf of this commission and on behalf of my
family, yes, I am selfish I guess, I want to thank you,
Mayor Ferre: We still have to take action cn the widening of
Bayshore, that hasn't been decided. You lost three of them, you might win
the fourth.
Mrs. Gordon: Heaven help us if you do.
Mayor. Ferre: I am going to say something that is very unpopular. I
happen to agree, you are not going to like what I am going to tell you.
I happen to agree with Gene Simms on his recommendation. I think you just
can't avoid facing the issue that that thing there is really a mess and
there is no way that you are ever going to get away from 2,500 vehicles
going through there at a certain time. I know the argument is if you widen
5 ft. you are going to have 5,000 vehicles going through there.
Mr. Simms: I think I triedto say once before that roadways don't
in themselves make traffic. The same people traffic that make babies. It
is where you live, where you work, how you get to and from. This is fairly
stabalized . I respond to the point you made earlier. If we were to make
this a big, full-blown four -barreled roadway through there, of course it
would induce travel. You have a cork in the thing down in Coconut Grove.
Mayor Ferre: That is the real cork.
Mr. Plummer: Let me ask another question Gene. Coming into town, there
is in fact sufficient room at l7th Avenue to have a turning lane and an open
lane. There is naw.
Mr. Simms: Yes, ---
Mr. Plummer: At 17th Avenue there is presently, a lane coming into to
town, a lane for a left turn and lane that stays open at all times. Even
though I am totally opposed to widening of Bayshore Drive,4S it possible
that that same intersection, could have going homy a turning lane to the
right and a full open lane?
3
12,1
MAR 2 51975
Mr, Sifts: We were discussing this earlier, and this is something
we will examine.
Mr. Plummer: l am asking if that is possible. The bottleneck is the
people turning fight.
Mr. Simms: No, it is the through movement.
Mr, Plummer: There is no through movement because of people who
slow down to make a right turn.,Now if you have. it just on the other side
of the traffic light, coming in, and the road is that wide, why couldn't
you have the same thing at night going home. Do you follow what I am saying?
Without widening the road. It is obviously there on the other side of the light,
it should be on this side. I offer that as a,
Unidentified person: Mr. Mayor and Mr. Plummer, I live, ----there is
nobody in this room, including you sir, who is affected more by this porposed
widening than I am. I live on the corner of 17th and South Bayshore. You all
have had, as they say in my religion, real 'rockmonious' for the people who
live in Bay Heights, and you have protected their children. I
Mayor Ferre:I would like to remember that word,
Unidentified person: I would like to bring up Mr. Mayor, despite your
agreement with Gene Simms, that you don't allow right turns on 17th Avenue.
You have blocked off right turns all the way up to there, so why should
you dump them in my front yard.
Mayor Ferre: No right turns going from which way now?
Unidentified person: --coming from town going out. You helped all these
people by keeping the cars out of their front yards to protect their children,
now you want to dump them all in my yard.
Mayor Ferre: You have children to protect?
Unidentified person: I have a 7 year old child, and a wife who doesn't
see too well, and a one -eyed dog.
Mayor Ferre: I want you to know this commission has a lot of''rockmonious'
for you too.
Unidentified person: --and a few ex-wives too. Mr. Mayor, what you are
going to do here, and I can see it coming, and I used to live on Tigertail
by the way, so I am not new in the Grove, I just moved in that house but
I lived on Tigertail for years, what you have done is, --let's start from the
beginning. First of all I am an engineer and in the construction business, and
I don't buy concrete from Maule, so that doesn't matter.
Mayor Ferre: You know how to hurt a guy. That won't influence my vote.
Unidentified person: I hope not. There is not solution. Let's face it.
Mr. Plummer asked Gene Simms earlier, he said Gene tell me the truth, is there
an alternative? I don't even remember what particular thing you were talking
aobut but let's face it, and I think Gene will admit it. There is no solution.
The solution is going to be a rapid transit system some day, getting the people
out of cars. The traffic is going to come through the Grove. That is all there
is to it. Maybe the Blue Dash affects, maybe it doesn't. There is no solution.
What he has just done is become heros in the eyes of the Bay Heights people.
Now you are going to dump all the traffic in Coconut Grove. There is no two
ways about it. You can't by law, just put up some signs, so now they have to turn
_ right at 17th. These people you just appeased, to get home have to turn right at
my corner. Gene comes along and wants to widen the intersection. You asked
the question couldn't you do it, like they do on the in -bound side and you
can't, there is no room. It is not a symetricai road. Now what Gene wants to
do and what the Mayor has already said he is in favor of, is widen that corner
to encourage right turns off of Bayshore on to 17th. On his map he is as much
as building a right turn lane, That is all he is doing, He is going to create
traffic into the Grove, the same argument the Bay Heights people got, you are
putting them on residential streets, They are going to turn up 17th, they
12 b MAR 2 51976
are
going to either Micanopy
through the residential section of
Tigertail, which they do now. only
tnd you have taken the problem out
We are going to come back here 6 months from now,
Grove, somehow dump it into South Grove. There is
facts. There is no solution
it is going to be a traffic
jam in my front yard, and I
or Tigertail and turn left, and fight their way
the Grove. They are going to fly down
when there are speed traps do they not,
of Bay Heights and put them in the Grove.
and take it out of North
no solution. Leta face
. As long as there's 2500 cars coming through there,
jam, and far as I am concerned Z don't want a traffic
don't want it going into Coconut Grove.
Dr. Lieber: May I just point out, even though I am sympathetic with
the gentleman at 17th Ave. and 22nd Ave. and 27th Ave. and 37th Ave. or
a series of main highways and they are not residential streets.
Mayor FErre: Thank. you Doctor.
Ms. Kantor: ---condemn that property that has a railroad track on, and
widen U.S. 1.
Mayor Ferre: That is really_ one of the smartest things I have heard tonight.
0ne of these days when you have money, we really ought to start considering
that. It is hardly used.
Mr. Gene Simms: Perhaps you can visit Mr. Ball with me one day.
Mrs. Gordon: I move we do not widen S. Fayshore Drive, now or ever.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 76-319
A MOTION DECLARING THE INTENTION OF THE COMMISSION THAT SOUTH
BAYSHORE DRIVE FROM ALATKA STREET TO AVIATION AVENUE NOT BE
WIDENED
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Commissioner Menoio Reboso
Commissioner (Rev.) Theodore Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Rose Gordon
NOES: Mayor Ferre.
Mayor Ferre: You have lost all four issues you came here to win tonight.
I hope you have a better day tomorrow.
Mr. Simms; Thank you and good night.
126
MAR 251976
PROVIDING FOR DELINQUENT PROVISIONS FOR
38. AMEND SECTION NON RENEWAL OF LICENSES (OCCUPATIONAL LICENSES)
30=4 S 30-5 OF THE CODE
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 30-4 AND 30-5 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE ON INCREASING THE
PENALTIES FOR LATE PAYMENT OF ORIGINAL AND RENEWAL LICENSES TO
CONFORM WITH THE PROVISIONS OF SECTION 205.053, FLORIDA STATUTES
WHICH STATE STATUTE STATES: "THOSE LICENSES NOT RENEWED BY
OCTOBER 1, SHALL BE CONSIDERED DELINQUENT AND SUBJECT TO A
DELINQUENCY PENALTY OF 10 PERCENT FOR THE MONTH OF OCTOBER,
PLUS AN ADDITIONAL 5 PERCENT PENALTY FOR EACH MONTH OF DELINQUENCY
THEREAFTER UNTIL PAID. HOWEVER THE TOTAL DELINQUENCY PENALTY SHALL
NOT EXCEED 25 PERCENT OF THE OCCUPATIONAL LICENSE FEE FOR THE
DELINQUENT ESTABLISHMENT", AND, "ANY PERSON ENGAGING IN OR MANAGING
ANY BUSINESS, OCCUPATION, OR PROFESSION WITHOUT FIRST OBTAINING
A LOCAL OCCUPATIONAL LICENSE, IF REQUIRED, HEREUNDER SHALL BE
SUBJECT TO A PENALTY OF 25 PERCENT OF THE LICENSE DETERMINED TO
BE DUE, IN ADDIITON TO ANY OTHER PENALTY PROVIDED BY LAW OR
ORDINANCE"; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING
A SEVERABILITY PROVISION
Passed on its first reading by title at the meeting of February 26, 1976was
taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Gordon, the
Ordinance was thereupon given its second and final reading by title and
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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8528.
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.
MAR 251976
AMEND ORD, 6871
ADD NEW PARAGRAPH K
SUBSECTION 57 SEC, 2
PR0VIDING FOR: ''JHOLESALE MARINE MOTORS/ PART
ACCESSORIES SALES; ETC,
�RTA XIV-1 SPECIAL
NE I GkU ORHOOi) COMMERCIAL 2-DISTRICTS
AN t)Rf)1 NANCE EN'('L'CI.I'U-
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING 1)Ri)TNANCI: OF THE CITY O MIAMI, BY ADDING A NEW
PARAGRAPH (k) Tt) SUBSECTION ON (57) SECTION 2, PROVIDING
FOR WHOLESALE MARINE .IO1ORS , PARTS, ACCESSORIES SALES;
DELETING SECTION 7 - HEIGHT, SECTION 9 - FLOOR AREA
PREMIUMS AND SECTION 10 - PARKING IN THEIR ENTIRETY
AND SUBSTITUTING TN LIEU THEREOF NEW SECTIONS 7, 9 AND 10,
ENTITLED HEIGHT, FLOOR AREA PREMIUMS AND PARKING, RESPEC-
TIVELY, TO ARTICLE XIV-1 SPECIAL NEIGHBORHOOD COMMERCIAL
C-2A DISTRICT, REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT;
CONTAINING A SEV:RABILLT7: PROVISION
Passed on its first reading by title at the meeting of February 26, 1976 was
taken up for its second and final reading by tine and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Gordon, the
Ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Comm s ;loner Mlao10 Reboso
Cor nLs-; oiici .,. Plummier, Jr.
Commissioner (Rev.) necaore Gibson
Vice Mayor Rose 6oron
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8529
The City Attorney read the ordinance into the public record and
announced that copies were avaiJab.e to the members of the City
.Commission and to the pubic.
40, AMEND ORD, 6871 Low DENSITY MULTIPLE-R-3 TO ALLOW EXCEPTIONS TO
ARTICLE VI I HEIGHT LI^MMITAT IONS AS A CONDITIONAL USE
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CITY OF MIAMI COMPREHENSIVE
ZONING ORDINANCE NO. 687. ARTICLE VII, LOW DENSITY MULTIPLE
R-3 DISTRICT TO ALLOW EXCEPTIONS TO HEIGHT LIMIT AS A CON-
DITIONAL USE BY ADDING A NEW PARAGRAPH (b) TO SUBSECTION (6-b) ,
SECTION (i) ANI) BY DEELETING SECTION 4, HEIGHT, IN ITS ENTIRETY
AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 4 ENTITLED
HEIGHT; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND
CONTAINING A SEVERABILITY PROVISION
Passed on its first reading by title at the meeting of March 4, 1976 was
taken up for its second and final reading by title and adoption.
On motion of Commissioner Gordon, seconded by Commissioner Reboso, the
Ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES; Commissioner Manoio Reboso
Commissioner J . L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice :Mayor Rase Gordon
Manor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. S5 i0.
L. ti
MAR 2 51976
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Conirnission and to the public.
ORTHOTIC AND PROSTHETIC SURGICAL
AMEND baD. E871 APPLIANCE. OUTLETS — RETAIL
41, COMMUNITY NANCEAT2 DISTRICT
IE ENTITLED -
AN ORDINANCE
ORDINANCE AMENDING THE CITY OF MIAMI COMPREHENSIVE ZONING
ORDINANCE NO. 6871, ARTICLE XIV, COMMUNITY COMMERCIAL C-2
DISTRICT, SECTION 1, USE REGULATIONS BY ADDIN. A NEW PARAGRAPH
(20-A) ENTITLED ORTHOTIC AND PROSTHETIC SURGICAL APPLIANCE OUT-
LETS - 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 CONFLICT; AND
CONTAINING A SEVERABILITY PROVISION
Passed on its first reading by title at the meeting of March 4, 1976 was
taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Gordon, the
Ordinance was thereupon given its second and final reading by title and
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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8531
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.
AMEND CHAPTER 38 IDENTIFICATION CARD -ISSUANCE -CO
4ZNT
. OF THE CITY CODE INCREASING FEES
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA BY AMENDING SUBSECTION 38-16, ENTITLED
"IDENTIFICATION CARED - ISSUANCE; CONTENTS; FEE"; BY IN-
CREASING THE FEE FOR IDENTIFICATION CARDS THEREUNDER;
CONTAINING A SEVERABILITY PROVISION; REPEALING ALL ORD-
INANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE
Passed on its first reading by title at the meeting of March 4, 1976 was
taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Gordon, the
Ordinance was thereupon given its second and final reading by title and
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 251976
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8532,
129
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commies lon and to the public.
amend section
43, 3-40 OF THE CODE
PROVIDE FOR INCREASE IN FEES FOR
IDENTIFICATION CARDS
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 3-49 OF THE CODE OF THE
CITY OF MI.AMI, FLORIDA ; PROVIDING FOR AN INCREASE IN FEES
F()R IDENTIFICATION CARDS THEREUNDER; CONTAINING A SEVERABILITY
PROVISION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE
Passed on its first reading by title at the meeting of March 4, 1976was
taken up for its second and final reading by title and adoption. •
On motion of Commissioner Plummer, seconded by Commissioner Reboso, the
Ordinance was thereupon given its second and final reading by title and
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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8533
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.
44, 34-21,1 of THE CODE
CITY AUTO POUND
PROVIDING SECTION OVIDING FOR INCREASE IN STORAGE CHARGES
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 MOTORCYCLES, PASSENGER
VEHICLES AND TRUCKS; CONTAINING A SEVERABILITY PROVISION;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE
Passed on its first reading by title at the meeting of March 4, 1976 was
taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Reboso, the
Ordinance was thereupon given its second and final reading by title and
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,
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8534.
MAR 2 519/6
The City Attorney read the ordinance into the public tecord and
announced that copies were available to the members of the City
CoMmi lion and to the public.
45� M NDING SUBSECTION
C 1N , S EuN43-s OFUNcITY CODE
AN ORDINANCE ENTITLED -
INCREASING FEES FOR
FURNISHING OF INFORMATION FROM
POLICE. RECORDS Frt.
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 DEPARTMENT; CONTAINING A SEVERABILITY
PROVISION; REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES,
IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE
Passed on its first reading by title at the meeting of March 4, 1976 was
taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Reboso, the
Ordinance was thereupon given its second and final reading by title and
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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8535.
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.
46, AMEND SECTION 56-153 (A) & (s) TAXICABS & OTHER VEHICLES FOR HIRE
ARTICLE V-CHAPTER 56 OF THE CODE INCREASING FEES FOR ISSUANCE &
RENEWAL OF CHAUFFEUR REGISTRATION
AN ORDINANCE ENTITLED -
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 ItiMDED,
INCREASING THE FEES FOR ISSUANCE AND RENEWAL OF CHAUFFEUR REGISTRATION
LICENSES AND THE FEE FOR ISSUANCE OF DUPLICATE CHAUFFEUR REGISTRATION
LICENSES: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREWITH; CONTAINING A SEVERABILITY PROVISION AND PROVIDING
AN EFFECTIVE DATE
Passed on its first reading by title at the meeting of March 4, 1976was
taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Reboso, the
Ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L, Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon MAR Maurice A. Ferre MAR 2 5 1976
NOES; None,
1 1
THE ORDINANCE WAS [DESIGNATED ORDINANCE NO. 8536.
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.
47' AFETHECCIiTECo TAXICABS , SIGHTSEEING AND FUR -HIRE CARS
INCREASING FEES FOR CERTIFICATES THEREUNDER
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 li THEREOF, ENTITLED "TAXICAB, SIGHT-SEEING AND
FOR -HIRE CARS", BY INCREASING THE FEE FOR CERTIFICATE
THEREUNDER; CONTAINING A SEVERABILITY PROVISION; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE
Passed on its first •reading by title at the meeting of March 4, 1976 was
taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Reboso, the
Ordinance was thereupon given its second and final reading by title and
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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8537.
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.
13`4
•
MAR 251976
48 SECN5 SL OFCTHENS B,C0Di
CITY CODE
AN ORDINANCE ENTITLED -
INCREASE FEE SCHEDULES
USE OF RECREATIONAL FACILITIES
AN ORDINANCE AMENDING SUBSECTION (b),(c) AND (d) OF ii39 ,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 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
Passed on its first reading by title at the meeting of March 4, 1976 was
taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Gordon, the
Ordinance was thereupon given its second and final reading by title and
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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8538.
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.
491 SECTIONUmrioN (B) OF
OF THE CITY CODE
AN ORDINANCE ENTITLED -
USE OF BANDSHELL, TORCH OF
FRIENDSHIP AND SHOWMOBILE
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
Passed on its first reading by title at the meeting of March 4, 1976was
taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Gordon,.the
Ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr,
Commniseioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None,
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8539.,,;
133 MAR 251976
The City Attorney read the ordinance into the public record and
nnnonnced that copies were available to the members of the City
Commission and to the public.
50, ACCEPT COMPLETED WORK- - PARKS -SHELTERS & COMFORT STATIONS 1975
Mayor Ferre: The Manager recommends this.
Mr. Plummer: I have a question on that one. This is for work that was
not done.
Mr. Andrews: No, this is for work that was done. .We removed the comfort
station because the complete neighborhood protested the comfort'station.
We are not paying for that which we did not receive.
Mt. Plummer: What are we getting for the $40,000.
Mr. Andrews: In the explanation it is Bryan before Margaret Pace Park.
Mr. Plummer: That answers my question.
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 76-320
' A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY
OVIDIO P. RODRIGUEZ, JR. AT A TOTAL COST OF $40,576.16
AND AUTHORIZING A FIN:sL PAYMENT OF $3,877.62 FOR THE PARKS -
SHELTERS AND COMFORT STATIONS - 1975
,E (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.
51, ACCEPT PLAT - NEW ROOSEVELT OFFICE SUBDIVISION
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-321
A RESOLUTION ACCEPTING THE PLAT ENTITLED NEW ROOSEVELT OFFICE,
A SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
MAR 2 t(b
13(4
NOES, None.
52, ACCEPT PLAT CULMER VILLAS SUBDIVISION
The following resolution Wa8 introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 76-322
A RESOLUTION ACCEPTING THE PLAT ENTITLED CULMER VILLAS, A
SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, 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.
53AMEND SECTION
,
39-3 OF THE CITY CODE TENNIS COURT FEES
AN ORDINANCE ENTITLED -
INCREASE FEES FOR
AN ORDINANCE AMENDING SECTION 39-3 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, INCREASING TENNIS COURT
FEES AND ESTABLISHING RENTAL FEES FOR THE USE OF THE BALL
MACHINE AT DESIGNATED TENNIS FACILITIES IN THE CITY OF
MIAMI; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT
HEREWITH; CONTAINING A SEVERABILITY PROVISION AND PROVIDING
FOR 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.
Mr. Plummer: Remember the last time what happened when we increased
the tennis fees, I have no opposition, we had Bob Simms down here from
Community Relations Board saying we were shutting out a certain segment
of the community who could not afford the fee of 25c, I think you had better
remember that when you place the fees this time.
Mayor Ferre: What are we asking for?
Mr. Andrews: We are increasing the fees actually as a result of the
adoption of this ordinance.
Mr. Plummer: We are now charging nothing,
Mr. Lloyd; No, no, let me explain,' have it right
Youths, you changed is the category from students to youths
age, and changed it from 50e per hour per court, to 25per
here,�sRT'atudente,
17 years of
hour per person'
MAR 2 51976
AYES:
NOES: None.
Ao In other wordy), before they paid 50C per hour for the court, but if you
had doubles on there, how it would he a dollar instead of 50c.
Mr. Plummer: There is st11.1 no charge to the kids.
ch APPOINT FIRS CHIEI'
CIVIL DEFENSE PREPAREDNESS DIRECTOR
DON HICKMAN = ALSO APPOINT D,A,HE'1SON, CIVIL PREPAREDNESS
COORDINATOR
The following resolution wns introduced by Commissioner. Plummer, who
moved its adoption:
RESOLUTION NO. 76-323
A RESOLUTION APPOTNTING .FIRE CHIEF D. A. HICKMAN AS THE CIVIL
PREPAREDNESS DIRECTOR FOR THF. CITY OF MIAMI'AND CHIEF OF TRAINING
D.A. HEWSON AS THE CIVIL PREPAREDNESS COORDINATOR FOR 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 Comwi.ssio_er Gibson, the resolution was
passed and adopted by the following vote --
Commissioner Manolo Reboso
Commissioner J. L. Plumper, Jr..
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
T
55, DEPARTMENTNOF HOUSING I&N ECONOMIC DEVELOPMENT PLANNING PROGRAM
URBAN DEVELOPMENT
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-324
A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER
IN THE SUBMISSION OF A GRANT APPLICATION TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FOR AN ECONOMIC DEVELOPMENT
PLANNING PROGRAM AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AND EXECUTE THE NECESSARY CONTRACTS AND AGREEMENTS TO IMPLEMENT
THE PROGRAM 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 Plummer, 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 2 51976
DAYPRONT PARK AUDITORIUM
S6, WAIVE RENTAL FEt IMMIGRATION & NATURALIZATION SERVICES
MARCH 1, APRIL 7, JUNE 2, SEPTEMER 1 Nov, 3
The following resolution was introduced by Commissioner Gordon, who
moved ite adoption:
RESOLUTION NO. 76-325
A RESOLUTION GRANTING THE UNITED STATES DISTRICT COURT THE
USE OF BAYFRONT AUDITORIUM ON MARCH 1, 1976, APRIL 7, 1976,
DUNE 2, 1976, september 1, 1976, AND NOVEMBER. 1, 1976 FOR THE
PURPOSE OF HOLDING IMMIGRATION AND NATURALIZATION SERVICES,
WAIVING THE USUAL RENTAL FEE, THE UNITED STATES DISTRICT COURT
TO BE RESPONSIBLE FOR THE COST OF NECESSARY PERSONNEL AND LIABILITY
INSURANCE
(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.
WAIVE RENTAL FEE BAYFRONT PARK AUDITORIUM - Nov, 13, DEC 19,1976
"TOYS FOR TOTS PROGRAM"
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-326
A RESOLUTION WAIVING THE FEE FOR THE USE OF BAYFRONT AUDITORIUM
ON NOVEMBER 13 AND DECEMBER 19, 1976, FOR THE TOYS FOR TOTS
PROGRAM BALL AND PARTY SPONSORED BY THE ARCHDIOCESE OF MIAMI,
SUBJECT TO THE PAYMENT OF NECESSARY EXPENSES
(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 J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
137
MAR 251976
WAIVE RENTAL FEE MIAMI BASEBALL STADIUM
MIAMI JACKSON HIGH SCHOOL BASE$ALL GAME
The following resolution was int.rodiuced by Commissioner Plummer, who
moved itn adoption:
Ri:`.SOLUi'3O:, NO. 76-327
A RESOLUTION WAIVING THE FEE FOR THE USE OF THE MIAMI
STADIUM FOR A BASEBALL GkME BE.,EEN MIAMI JACKSON HIGH
SCHOOL AND SOUTH MIAM1 HIGH SCHOOL ON APRIL 9, 1976 AT
3:30 P.M., SUBJECT TO THE PAYXENT OF NECESSARY EXPENSES
(Here follows body of resoluticm, omitted here and on file
in the Office of the City :;'._t-.r 4:.
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote-
AYES: Commissioner. Manolo Reboso
Commissioner J. L. P1urnner, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mauer Maurice A. Ferre
NOES: None.
ISSUE PERMIT FOR
AMUSEMENT RIDES
59, AND ACTIVITIES
BELEN JESUIT PREPARATORY SCHOOL
824 S. W, 7TH AVENUE
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION ICY\ NO. 76-328
A RESOLUTION APPROVING THE APPLICATION OF BELEN JESUIT
PREPARATORY SCHOOL 7CR USE OF 824 S.W. 7TH AVENUE ON
APRIL 3RD AND 4TH, 1976, SUBJECT TO THE REQUIREMENTS
LISTED IN SECTION 1 OF THIS RESOLUTION
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Cordon, 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 2 51976
(A, AUTHORIZE
ISSUANCE
AMUSEMENT ACTIVITIES
MONTORI SCHOOL
5565 WEST FLAGLER STREET
The following resolution was introduced by Commissioner Plummer, who
moiled its adoption:
RESOLUTION N0. 76-329
A RESOLUTION APPROVING THE APPLICATION OF COLEGIO MONTORI
FOR USE OF 5565 WEST FLAGLER STREET TO HOLD A CARNIVAL ON
MAY 2, 1976, SUBJECT TO THE REQUIREMENTS LISTED IN SECTION 1
OF THIS RESOLUTION
(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.
61, MPRILu�bo& yiSis��g�IoN MIAMI RIVER CLEANUP
PRIL
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO. 76-330
A RESOLUTION COMMENDING THE MANY PERSONS WHO HAVE VOLUNTEERED
THEIR TIME IN THE MIAMI RIVER CLEANUP PROJECT AND INSTRUCTING
THE CITY MANAGER TO NOTIFY THE VARIOUS DEPARTMENTS OF THE CITY
INVOLVED IN THIS PROJECT TO RENDER FULL COOPERATION AND ASSISTANCE
TO THE MIAMI RIVER INTER -CITY BOARD, INC., THE SPONSORS OF THIS
PROJECT, ON SATURDAY AND SUNDAY, APRIL 10 AND 11, 1976, THE
1976 MIAMI RIVER CLEANUP DAYS
(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 J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
MAR 2 51975
ENGAGE DR, J, SAWYER
b2` TO CONDUCT EDUCATIONAL SEMINARS MONTHLY BASIS
The following resolution was inLroduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO. 76-331
A RESOLUTION RATIFYING AND APPROVING THE ACTION OF THE
BOARD OF TRUSTEES OF THE MIAMI CITY GENERAL EMPLOYEES
RETIREMENT PLAN IN PASSING A RESOLUTION ENGAGING DR, J.
SAWYER, FINANCE PROFESSOR AT THE UNIVERSITY OF MIAMI,
TO CONDUCT TWO EDUCATIONAL SEMINARS TO BE HELD FOR A FEE
NOT TO EXCEED $200.00 PER SEMINAR, FOR THE PURPOSE OF
PROVIDING INSTRUCTION, TRAINING AND ADVICE REGARDING
THE MANAGEMENT OF MONEY TO BOARD MEMBERS OF THE BOARD
OF TRUSTEES OF THE MIAMI CITY GENERAL EMPLOYEES RETIRE-
MENT PLAN: AND AUTHORIZING PAYMENT THEREFOR FROM THE
TRUST FUNDS OF THE BOARD OF TRUSTEES OF THE MIAMI CITY
GENERAL EMPLOYEES RETIREMENT PLAN
(Here follows body of resolution, emitted here and on file
in the Office of the City C1er1;. )
Upon being seconded by Come.ssioner Plummer, 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 Cordon
Mayer Maurice A. Ferre
NOES: None.
63, CLAIM SETTLEMENT - HAROLD COPE
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-332
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO HAROLD COPE, WITHOUT THE ADMISSION OF LIABILITY, THE
SUM OF $1,500.00 IN FULL AND COMPLETE SETTLEMENT OF HIS
CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES
SUFFERED ON JULY 17, 1974, WHEN HE FELL TO THE BOTTOM OF AN
ALLEGEDLY UNCOVERED STORM CATCH BASIN IN THE SIDEWALK LOCATED
AT OR NEAR THE INTERSECTION OF N.W. 8TH AVENUE AND 21ST STREET,
MIAMI, FLORIDA, 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,
i, MAR 251976
64, CLAIM SITTL8M NT - MR. FRANCISCO R, MARTY
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO. 76-333
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO MR. FRANCISCO R. MARTY, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $4,500.00 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 Plummer, 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.
65, CLAIM SETTLEMENT - MR. SERGIO ROQUE
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO. 76-334
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO FILE A LAW SUIT AGAINST MR. SERGIO ROQUE, 1821 N.W. 22ND
COURT, MIAMI, FLORIDA FOR THE PURPOSE OF OBTAINING APPROPRIATE
RELIEF FOR MR. ROQUE'S VIOLATION OF CITY ORDINANCES REGARDING
MISREPRESENTATION OF INFORMATION IN A BUILDING PERMIT APPLICATION
AND ZONING VIOLATIONS
(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.
14
MAR 25WO
AUTHORIZE PAYMENT OF SUPPLEMENTARY DISABILITY SALARY (D-TIME)
66, FOR CITY EMPLOYEES WORKING UNDER THE MANPOWER PROGRAM
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-335
A RESOLUTION AUTHORIZING THE PAYMENT OF BENEFITS, UNDER
RESOLUTION NO. 39802ENACTD JUNE 20, 1968 OTHERWISE KNOWN
AS THE SUPPLEMENTARY DISABILITY SALARY RESOLUTION, TO CITY
EMPLOYEES WORKING FULL TIME UNDER THE MANPOWER PROGRAM,
OTHERWISE KNOWN AS THE COMPREHENSIVE EMPLOYMENT AND TRAINING
ACT OF THE FEDERAL GOVERNMENT, FROM FUNDS FURNISHED THE CITY
UNDER THE SAID MANPOWER PROGRAM
(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
Commisgioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose. Gordon
Mayor Maurice A. Fevre
NOES: None.
CONFIRM ACTION OF THE CITY MANAGER -• CONVEY DEED TO DADE COUNIY
67, AV RIGHT OF WAY N.W. 5 ST, NORTH BOUNDARY BLOCKS 76N AND 76E
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-336
A RESOLUTION RATIFYING AND CONFIRMING THE ACTION TAKEN BY
THE CITY MANAGER IN CONVEYING THE DEED TO DADE COUNTY
FOR TEN FEET OF RIGHT OF WAY ON N.W. 5TH STREET ABUTTING THE
NORTH BOUNDARY OF BLOCKS 76N AND 76E
(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.
1 1`Sr;
MAR 251976
/"
AUTHORIZE 'C I T'Y 19kkIAGER GROVE CROUP POk .041kbYJ ANALYSIS ANb
31 TO EXECUTE AGREi bEVELOPMENT OF
DINNER KEY RECREATION/EXPOIHALL
The following resolution was introduced by Cofmissionet Gotdot, Who
moved its adoption:
RESOLUTION NO. 76337
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH THE GROVE GROUP, (A ,JOINT
VENTURE OF RORROTO & LEE, ARCHITECTS AND PLANNERS,/
ANTONLADIS ASSOCIATES P.A.,/ROSS-ADAMS ENGINEERS INC.)
FOR THE STUDY, ANALYSIS AND DEVELOPMENT OF THE DINNER
KEY RECREATION CENTER/EXPOSITION HALL, AND PARTIAL
IMPLEMENTATION OP THE DINNER KEY MASTER PLAN UNDER THE
TERMS AND CONDITIONS AS CONTAINED IN THE ATTACHED COPY
OF THE SAID AGREEMENT
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Coam<issioner 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.
69, DECLARE RESULTS OF: SPECIAL CHARTER AMENDMENT ELECTION
HELD MARCH 9
Mr. Southern,City Clerk: Mr. Mayor, after the returns came in
we, pursuant to the wishes of the Commission at the previous election, did
an exhaustive audit of this election, There were a few mistakes, but they didn't
change anything. In your book there is a tabulation of vote, which I have a
certificate here to certify that they are correct.
Mayor Ferre: Will you tell the Commission and the public what
the results were?
Mr. Southern, City Clerk: Yes, just a moment.
Mayor Ferre: Do we have to canvass?
Mr. Southern: The City Attorney can direct you in that way. You
can canvass to any degree you want to. You can go through the entire thing,
or,
Mayor Ferre: Will you take precinct #i87.
Mr. Southern: Those have been changed, we don't have a precinct 87
now. The lowest one is 314.
Mayor Ferre: Tell u►e what precinct No. 818 is.
Mr. Southern: Precinct 818? For Charter Amendment, 172, Against, 598.
For the Bonds, 332, against, 427.
Mayor Ferre: Okay, we have finished our canvass. Any other questions
to be asked?
Mr. Lloyd: I have a question to ask the Clerk. Mr. Clerk, in your
audit and canvass, the results you are using are the results that you received
in your audit, pursuant to mandate of the State statute. Is that correct?
Mr. Southern: That is correct. We took these, wherever we made
corrections, we took them from the print-o-matic sheetSin back of the machine,
14
MAR 2 5 1976
Mr. Lloyd: As required by star,.' ;.tntutr ?
Mr. Southern: Yes.
The City Attorney read the resolutions.
The following resolution was introduced by Commissioner Plutnmer, who
Moved its adoption:
RESOLUTION NO. 76-338
A RESOLUTION CERTYFYING AND DECLARING THE RESULTS OF
THE SPECIAL CHARTER AMENDMENT ELECTION HELD ON MARCH 9,
1976, FOR THE PURPOSE OF VOTING FOR THE RATIFICATION OR
REJECTION OF THE FOLLOW'IiG QUESTION:
SHALL SECTION 4 (h) OF THE CHARTER OF THE CITY OF MIAMI
BE AMENDED TO PROVIDE FOR AN INCREASE IN THE SALARIES
TO BE PAID TO THE MAYOR AND CITY COMMISSIONERS TO $15,000.
ANNUALLY FOR THE COMMISSIONERS AND $18,000. ANNUALLY FOR
THE MAYOR, WITH SAID INCREASES BECOMING EFFECTIVE APRIL 1,1976?
(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-;1ayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
70. DECLARE RESULTS OF: SPECIAL HOUSING BOND ELECTION
HELD MARCH 9:
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 76-339
A RESOLUTION CERTIFYING AND DECLARING THE RESULTS OF 911E
SPECIAL BOND ELECTION HELD MAPCH 9, 1976 AS BEING AN APPROVAL
OF THE CITY'S ISSUANCE OF THE BONDS THEREUNDER; FURTHER AUTH-
ORIZING AND DIRECTING THE PROPER CITY OFFICERS TO PERFORM ANY
AND ALL INCIDENTAL DUTIES AND TO TAKE APPROPRIATE PROCEEDINGS
IN CONNECTION WITll 111E ISSUANCE OF SAID BONDS AS REQUIRED BY
LAW
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Cordon, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. i.. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor. Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
144
MAR 2 51976
DECLARE INTENTION COMPREHENSIVE PLANNING ACT 9E 1975
1, op CITY OP MIAMI CHAP C 7 7 LAWS O FLORIDA
EXERCISING AUTHORITY
AN ORDINANCE ENTITLED -
AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF MIAMI
.OF EXERCISING AUTHORITY UNDER LOCAL GOVERNMENT COMPREHENSIVE
PLANNING ACT OF 1975 CHAPTER 75-257 LAWS OF FLORIDA POR THE .
TOTAL AREA OF ITS JURISDICTION, BY PREPARING AND ADOPTING.
COMPREHENSIVE PLANS WITHIN THE CORPORATE LIMITS OF THE CITY
OF MIAMI; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT; INSOFAR AS THEY ARE IN CONFLICT; CON-
TAINING A SEVERABILITY PROVISION
Was introduced by Commissioner Plummer and seconded by Commissioner
Gibson and passed on its first reading by title by the following vote:
AYES: Commissioner 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.
AS LOCAL PLANNING AGENCY:
72, DESIGNATEBOARD NNING "LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT
THE CITY OF 1975"
AN ORDINANCE ENTITLED -
AN ORDINANCE DESIGNATING THE PLANNING ADVISORY BOARD OF THE
CITY OF MIAMI AS THE LOCAL PLANNING AGENCY AS REQUIRED BY
AND IN CONFORMANCE WITH CHAPTER 75-257 LAWS OF FLORIDA
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975";
REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT; INSOFAR AS THEY ARE IN CONFLICT; CONTAINING
A SEVERABILITY PROVISION
Was introduced by Commissioner Plummer and seconded by Commissioner
Gibson and passed on its first reading by title by the following vote:
AYES: Commissioner 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.
14L
MAR 251976
73, ACCEPT ID - REMOVAL OF POOL BULKHEAD- CURTIS PARK POOLS
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-340
A RESOLUTION ACCEPTING THE BID OF C & W UNLIMITED, RECEIVED
FEBRUARY 18, 1976, FOR FURNISHING A REMOVABLE POOL BULKHEAD
FOR THE CURTIS PARK POOL, AT A TOTAL COST OF $6,850,00, FOR
THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS FROM THE
PARKS FOR PEOPLE BOND PROGRAM, PLAY APPARATUS AND PARK FURNITURE
ACCOUNT; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PUR-
CHASING 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 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.
74, ACCEPT BID - FERTILIZER FOR DEPARTMENT OF PARKS AND RECREATION
The following resolution was introduced by Commissioner Gordon, Who
moved its adoption:
RESOLUTION NO. 76-341
A RESOLUTION ACCEPTING THE BIDS RECEIVED DECEMBER 21, 1975
FROM WENDEL BUTLER'S SUPPLY CO., SOUTHERN MILL CREEK, KERR
MC GEE CHEMICAL CO. AND WOODBURY CHEMICAL, FOR FURNISHING
FERTILIZERS AND CHEMICALS FOR USE BY THE PARKS AND RECREATION
DEPARTMENT, IN ACCORDANCE WITH THE DEPARTMENT OF FINANCE
JANUARY 21, 1976 MEMORANDUM (WITH TABULATION ATTACHED) MADE
A PART HEREOF BY REFERENCE; AND AUTHORIZING AND DIRECTING THE
CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE PURCHASE
ORDERS THEREFOR
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
146
MAR 25 1976
75, ACCEPT BID Ai. BROCHURES DEPARTMENT OP PUBLICITY
The foilowting resoltitift ttda intr utsa 'bp r;ammigsianer Gibson, who
moved its adoption:
RESOLUTION NO. 76-342
A RESOLUTION ACCEPTING THE BID RECEIVED FROM EASTERN
LITHO CORPORATION ON JANUARY 25, 1976 FOR PRINTING 75,000
BROCHURES IN ENGLISH AND 20,000 IN PORTUGESE, AT A COST
OF $4,605.00 WITH RERUN WITHIN ONE YEAR OF 50,000 IN
ENGLISH AND 10,000 IN PORTUGESE Al $3,145.00 AND WITHIN
EIGHTEEN MONTHS 100,000 IN ENGLISH AND 20,000 IN PORTUGUESE
AT A COST OF $5,580.00 FOR THE DEPARTMENT OF PUBLICITY AND
TOURISM, THE DEPARTMENT OF PUBLICITY AND TOURISM HAVING THE
OPTION OF ACCEPTING OR REJECTING RERUNS BASED ON SUBSEQUENT
REQUIREMENTS AND THE AVAILABILITY OF FUNDS; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION
TO ISSUE PURCHASE ORDERS 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 J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
76, ACCEPT BID — TREES PARKS AND RECREATION
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-343
A RESOLUTION ACCEPTING THE BID QUOTATIONS OF EVERGLADES SOD
& LANDSCAPING, INC. FOR 15' GUMBO LIMBO TREES; MELROSE NURSERY
& SOILS COMPANY FOR 15' CABBAGE PALM TREE, 10' MALAY COCONUT
PALM TREE, AND 5' GREYWOOD ADONIDIA PALM TREE; WESTSIDE
NURSERY AND GARDEN SUPPLY INC. FOR 15' BLACK OLIVE TREE,
15' MAHOGANY TREE, 5' GREYWOOD ROYAL PALM TREE, 10' GREYWOOD
ROYAL PALM TREE, AND 20' GREYWOOD ROYAL PALM TREE; AND PESTONIT
NURSERY & FLOWERS, INC. FOR 15' OAK TREE AND 15' BOTTLE BRUSH
TREE; FOR FURNISHING AND PLANTING TREES- 1976; AND AUTHORIZING
THE CITY MANAGER TO ISSUE PURCHASE ORDERS AS NEEDED TO MEET THE
CITY'S REQUIREMENTS FOR THE CALENDAR YEAR OF 1976 SUBJECT TO THE
AVAILABILITY OF FUNDS
(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. Fevre
• NOES; None.
147
77. ACCEPT BID - CHOPIN PLAZA STORM SEWER REPAIR
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION Nt). 76-344
A RESOLUTION AWARDING THE BID OF IRPCO PAVING CO. INC.
IN THE AMOUNT OF $37,984.40 FOR THE CHOPIN PLAZA STORM
SEWER REPAIR- 1976; ALLOCATING THE AMOUNT OF $37,984.40
FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUND" TO
COVER THE ESTIMATED CONTRACT COST; ALLOCATING FROM SAID
ACCOUNT THE AMOUNT OF $4,178.28 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT
OF $759.32 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES, POSTAGE, ETC.; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution 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.
78, DISCUSSION ITEM: COSMETIC FACE-LIFT FOR BAYFRONT PARK AUDITORIUM
Mr. Andrews: You have the agenda finished except for a couple of items
I have left and I will try to only take a minue. I realize you are tired.
Mr. Grimm has some charts of a community building that he would like to show
you. We will show it to you real quickly and see what you think about it.
Mayor Ferre: Oh, I know, it is Dinner Key Auditorium. You can't fool me.
Mr. Andrews: No, sir,
Unidentified person---Bayfront Park Auditorium -----
Mr. Andrews: That is what it can look like. They did this in Public
Works.
Mayor Ferre: I hope you do that one out of cement. How much does something
like that cost?
Mr. Grimm: About $555,000.
Mrs. Gordon: Is that just outside improvements?
Mr. Andrews: Mr. Mayor and members of the Commission, what we would
like to speed up, this process is, I think this building,(Mr. Grimm has
been examining it) --to opens some more time to look at it, we think we
have a basically sound structure. I would like to have the public works
department go through the process of supplying the City Commission with
a preliminary rerport as to what could be done with that building and how
much it would cost,
Mrs, Gordon: You mean we could do an in-house job?
Mr. Andrews; Yes.
MAR 251976
148
Mrs: Cordon: All the way?
Mt. Andrews; Yee. You know we have a fixed building) and except
for treatment like this on the outside, and intetial treatment, 1. think
We can turn out a very fine product.
Mrg, Gordon: You have been doing in-house improvements in here, haven't
you?
Mr. Andrews: Pardon me?
Mrs. Gordon: All the improvements in this building have been in-house.
Mr. Andrews: No, no, I was thinking of the design, getting all the
design. You mean construction Mr Mayor?
Mrs. Gordon: I meant in design.
Mayor Ferre: I think it is too important a location with all duo respects
to the young Cuban architect you have, ------
Mr. Andrews: I want to make a point clear Mr. Mayor, because we are going
to be spending public funds and exploring what can be done. I don't mean they
are going to bring anything to final conclusion, what we want to do is make
a structural analysis.
Mayor Ferre: In being consistent with the way I feel, I have to tell you,
that to replace that monstrosity that we call Bayfront Auditorium, would cost
you 4 or 5 million and if you can, by spending a half million dollars do something
like, and spend another hundred thousand covering it with trees and hanging vines,
and making something halfway decent, we are way ahead of the game.
Mrs. Gordon: That top one is nice.
Rev. Gibson: I like the top one.
Mr. Andrews: Mr.Mayor, I don't want to rush you, but I think we have
direction on that.
Mayor Ferre: I would like to congratulate that young architect.
79REQUEST CITY ATTORNEY $100)000,000 BONDS AND SEWLRS AND OTHER
,
TO PREPARE NECESSARY LEGISLATION NECESSARY IMPROVEMENTS FOR THE CITY
Mr. Andrews: I hate to propose this heavy weight subject upon the
Commission but Sanitary SEwer proposed bond issue, I'll give you some figures,
roughtly 70 million dollars is required, street lighting facilities, about
20 million, fire fighting and rescue facilities, 10 to 11 million.
Mayor Ferre: What are you telling us, we have to put it on the ballot?
Mr. Andrews: What I want is a general expression at this point before
we go any further in trying to prepare this and send you all the information,
Mayor Ferre: We don't have any other direction to take. I agree completely
with Plummer's statement, which he may not remember he said, but I agree with him.
Mr. Andrews: Direct the City Attorney to start preparing the necessary
papers, ---
Mayor Ferre: Plummer moves, Gordon seconds it, tell the appropriate people
to start working on this and we will have to decide how we divide it up,
1C)
MAR 251976
The following Motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 76-345
A MOTION REQUESTING THE CITY ATTORNEY TO PREPARE NECESSARY
LEGISLATIN TO ACCOMPLISH THE ISSUANCE OF $100,000,000. OF
BONDS FOR SEWERS AND OTHER NECESSARY IMPROVEMENTS IN 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.
79-B r,ATIN CHAMBER OF COMMERCE:
Mr. Andrews: Mr. Mayor and commission, a resolution allocating an amount
not to exceed $7,500. from the contingency fund to be used as seed money to
assist the Latin Chamber of Commerce in its attempt to obtain the Chamber of
Commerce of Americas convention in Miami, and authorizing the City Manager
to request the Man Power office to provide an employee from the Man Power
program at a salary not to exceed $10,000. to serve as publicity agent in
connection with this project", Mr. Lloyd is there any difficulty with
approving this?
Mayor Ferre: What are you reading from? He hasn't given it to us.
Mr. Andrews: Mr. Lloyd said unless this comes from the publicity fund
we cannot do this, and there is not that kind of money in the publicity fund.
So we will have to hold it in abeyance until I can find some other way of
recommending that it be funded. I wanted you to know that.
Mayor Ferre: You have better tell the Chamber of Commerce. Would you
make a note of that and have somebody call the Chamber. I don't want them
upset with us.
Mr. Reboso: Did we pass a motion of intent last time?
Mr. Andrews: Right.
Mayor Ferre: What Lloyd is telling you is that we can't legally do, ---
but what Paul is telling you is he is going to go back and try to figure
a way to do it, --try to do.
Mr Andrews: You can't do it from the contingency fund, it must come
from the publicity fund.
Mayor Ferre: If it passes I want to take the credit, if it doesn't
pass, you tell them Reboso wasn't able to pass it.
Mr. Reboso: What about the Man Power position Paul.
Mr. Andrews: There is no question about the Man Power position.
Mr. Reboso: Is it $7500.
Mr. Andrews: $10,000.
Mr. Reboso: No, he said $7500.
Mayor Ferre: He said $7500. from the contingency fund which we don't have.
But there is a Man Power position up to $10,000.
�c, MAR 251976
80. DISCUSSION ITEM: ACQUISITION OE ADDITIONAL PROPERTY FOR 1ONVLNTION
C:ANTf M . N. W . CORNER
Mr. Andrews: There is one tore matter, t think Mr. Crouch did an outstando.
ing job at the bid process which we shouldn't admit publicly how we carried
it out. He was very clever about it, but we ended up acquiring the foreciosute
of the property in downtown for $140,000.
Mayor Ferre: What?
Mr. Andrews: He and the law department,=--
Mayor Ferre: Are we talking about the same property?
Mr. Andrews: The corner piece, the N.W. corner.
Mayor Ferre: You got that for $140,000. Anytime you don't like the City
and want a job in the private sector, I know where you can go. That is one
fine acquisition. Congratulations to you Andy. That really is sharp.
81, AUTHORIZE CITY
OMANAGER $15,000 FOR INSTALLATION OF IRRIGATION
TO UP SYSTEM FOR
ORANGE BOWk TUF IRRIGATION
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-346
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SPEND UP TO
$15,000. FOR PURCHASE OF MATERIAL AND FOR INSTALLATION OF
IRRICATION SYSTEM IN THE ORANGE BOWL STADIUM, EITHER BY CONTRACT,
CITY FORCES OR COMBINGATION THEREOF
(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.
151 MAR251976
82, PROPOSED APPQ ML `CITY OF MIAMI ECOLOGY AND BEAUTIFICATION
COMMITTEE - LtL siA ET - ITEM WITHDRAWN _..
I BY CITY COMMISSION
The proposed appointment of Ms Zelma Starkey to Miami Ecology and
(Beautification Committee wad withdrawn.
PURCHASE OF SHIRTS FOR
83, ALLOCATE $lOO FROM CITY OF MIAMI EMPLOYEES BOWLING LEAGUE
CONTINGENCY FUND
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-347
A RESOLUTION ALLOCATING $100. FROM THE CONTINGENCY FUND
FOR THE PURCHASE OF SHIRTS FOR THE MEMBERS OF THE MIAMI
CITY EMPLOYEES BOWLING LEAGUE
(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.
84, APPOINT YVONNE SANTAMARIA,
H, KIRTLEY, HAZEL GRANT To
The following resolution was
moved its adoption:
ALICIA BARO, MANUEL MENDOZA, REVEREND
AFFIRMATIVE ACTION BOARD OF THE CITY
introduced by Commissioner Plummer, who
RESOLUTION NO. 76-348
A RESOLUTION APPOINTING YVONNE SANTAMARIA, ALICIA BARO,
MANUEL MENDOZA, REVEREND H. KIRTLEY AND HAZEL GRANT, AS
MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION BOARD
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
say
was
M\R 251976
ACC PT I NG PLAN EDWARD D. STONE & ASSOCIATES POR
85, IN PRINCIPLE BOULEVARD FRONTAGE - NORTH PORTION BAYFRONT PARK
The following resolution was introduced by Cormi5sionet Plummer, who
moved itn adoption:
RESOLUTION NO. 76-349
A RESOLUTION ACCEPTING IN PRINCIPLE THE PLAN SUBMITTED
TO THE CITY COMMISSION ON MARCH 4, 1976 BY EDWARD D. STONE,
JR. & ASSOCIATES FOR THE BOULEVARD FRONTAGE OF THE NORTH
PORTION OF BAYFRONT PARK
(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.
FOR CIVIC ZEAL IN PRINTING AND DIS-
86, COMMENDING CARLOS B. FERNANDEZ TRIBUTION OF LITERATURE IN SPANISH
URGING PASSAGE OF HOUSING BOND ISSUE
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 76-350
A RESOLUTION COMMENDING CARLOS FERNANDEZ FOR HIS CIVIC
ZEAL IN HAVING PRINTED FOR DISTRIBUTION LITERATURE IN
SPANISH URGINA FAVORABLE CONSIDERATION BY THE VOTERS OF
THE CITY'S PROPOSED HOUSING BOND ISSUE
(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.
Ju
MAR 2 51976
APPROVE EXPENDITURES
$7, FOR TRIP TO WASHINGTON
REPRESENTING CITY OF MIAMI
COMMISSIONER ROSE GORDON
NATIONAL LEAGUE OF CITIES
The following resolution was introduced by Commissioner Plummer, who
moved it3 adoption:
RESOLUTION NO. 76-351
A RESOLUTION AUTHORIZING THE PAYMENT OF TRAVEL EXPENSES
INCURRED BY VIE -MAYOR ROSE GORDON IN CONNECTION WITH HER
TRIP TO WASHINGTON, D.C. FOR THE MEETING OF THE NATIONAL
LEAGUE OF CITIES, MARCH 14 - 16, 1976, WITH FUNDS ALLOCATED
FROM THE 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.
88, TERMINATE AGREEMENT - MR, PAUL WEBER - PROFESSIONAL SERVICES
AS CLAIMS SUPERVISOR
The following resolution was introduced by Commissioner Gibson.
moved its adoption:.
RESOLUTION NO. 76-352
A RESOLUTION TERMINATING THE AGREEMENT BETWEEN THE CITY OF MIAMI
AND MR. PAUL WEBER FOR PROFESSIONAL SERVICES AS A CLAIMS SUPERVISOR
EFFECTIVE FEBRUARY 29, 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.
MAR 2 51976
89. CLAIM SETTLEMENT
MRS. SAMUEL TARAVELLA
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 76-353
A RESOLUTION AUTHORIZING THE DIRECTOR OP FINANCE TO PAY TO.
MR. AND MRS. SAMUEL TARAVELLA, WITHOUT THE ADMISSION OF LIABILITY
THE SUM OF $1,196.30 IN FULL AND COMPLETE SETTLEMENT OF PROPERTY
DAMAGE AND TOWING CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI
UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM
ALL PROPERTY DAMAGE, TOWING CLAIMS AND DEMANDS
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
EATON PARK
90. CLAIM SETTLEMENT - JOHN R. FARRELL P.A. CONDEMNATION.ACTION
(CITY. OF MIAMI VS, LYNN FUELLING ET AL)
The following resolution was introduced by Commissioner Reboso who
moved its adoption:
RESOLUTION NO. 76-354
A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF
FINANCE TO PAY ATTORNEY'S FEES AND COSTS IN THE AMOUNT
OF $5,000.00 TO JOHN R. FARRELL, P.A., AS ATTORNEY FOR
THE DEFENDANT -OWNER OF PARCEL 1537.2 ARISING FROM A CON-
DEMNATION ACTION, CITY OF MIAMI VS. LYNN FUELLING, ET. AL,
CASE NO. 75-9249 a/k/a EATON PARK; AND FURTHER AUTHORIZING
THE ALLOCATION OF SAID FEES FROM THE PARKS FOR PEOPLE BOND 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.
1.55 LIAR 519?6
s7��� WAIVE FEE FOR CLASSES AT CITY PARKS FOR PERSONS
91. ORDINANCE OVER 62 YEARS OF AGE WHO ARE RESIDENTS OF THE CITY
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE N0. 8523 ADOPTED FEBRUARY 1041976,
FOR THE PURPOSE OF WAIVING THE FEE FOR CLASSES AT CITY PARKS
FOR PERSONS OVER 62 YEARS OF AGE WHO ARE RESIDENTS OF THE CITY OF
MIAMI; PROVIDING A SEVERABILITY PROVISION; REPEALING ALL ORDINANCES
OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE
Was introduced by Commissioner Gibson 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.
92, DISCUSSION ITEM: CITY COMMISSIONER'S SALARIES
Mayor Ferre: I intend to put on the ballot, at least I intend to move,
if nobody else does, a little later on in the year, this item of pay for
the City Commission. The last time we had Metro around our necks. I think
the Miami editorial was right, that it has got to be, --we can't vote our
selves, it has to be as you run for it, next time around.
Mrs. Gordon: I believe we should keep a tally of the time we spend.
Mayor Ferre: That is where I was heading. Paul, I want you to have
somebody in your office working with the Clerk's office and I would like
a tally of the hours we spent here.
Mrs. Gordon: With the special board meetings and special meetings, and
trustees meetings and regional planning council.
There being no further business to come before the City Commission
the meeting was adjourned at 9:47 o'clock P.M.
ATTEST: H.D. SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSITANT CITY CLERK
156
MAURICE A FERRE
MAYOR
MAR 251976
ITEM NOS
CIV OF MAMI
DOCUMENT
iiDE
DOCUMENT IDENTIFICATION
MEETING DATE:
COMMISSION
ACTION
RETRIEVAL
CODE NO.
1
2
3
4
5
7
8
9
10
11
12
13
COMMISSION AGENDA AND CITY CLERK REPORT
CLOSING, VACATING, ABANDONING AND DISCONTINU-
ING THE PUBLIC USE OF N.W. 11TH STREET ROAD,
APPROXIMATELY 280' NORTHWEST OF N.W. 14TH
STREET AND OF HIGHLAND ROAD APPROXIMATELY 101'
OF N.W. 14TH TERRACE.
GRANTING USE OF THE MIAMI BASEBALL STADIUM TO
THE AMERICAN LEGION BASEBALL PROGRAM.
TRANSFERRING CERTAIN CERTIFICATES OF CONVEN-
IENCE AND NECESSITY ISSUED UNDER THE PROVI-
SIONS OF CHAPTER 56 OF THE CODE OF THE CITY
OF MIAMI.
REVOKING THE CERTIFICATE OF CONVENIENCE AND
NECESSITY ISSUED TO MIAMI MINI ALIADOS INC.
APPROVED BY RESOLUTION 74-1240
REVOKING CERTIFICATE OF CONVENIENCE AND NECES-
SITY NUMBER C-596 ISSUED TO CLIFFORD YOCUM
FOR THE OPERATION OF A PRIVATE SCHOOL BUS.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDED LEASE AGREEMENT FOR THE SMALL BOAT
SERVICE WATERFRONT FACILITIES AT DINNER KEY
WITH GROVE KEY MARINA, INC.
ACCEPTING THE BID RECEIVED FROM MIDWEST
TELECOMMUNICATION, ON FEBRUARY 20, 1976 FOR
FURNISHING VIDEO EQUIPMENT FOR THE MODERN
MIAMI POLICE BUILDING
ACCEPTING THE BID RECEIVED MARCH 8, 1976 FROM
MOTOROLA, INC. IN THE AMOUNT OF $5,229.00.
ACCEPTING THE BID OF STEELCARE, INC. RECEIVED
FEBRUARY 10, 1976 FOR FURNISHING LABOR AND
MATERIALS TO REFINISH OFFICE FURNITURE FOR THE
DEPARTMENT OF POLICE.
ACCEPTING THE BIDS OF 3-D COMPANY, INC. BUFFA-
LO ROCK SHOTERS SUPPLY, ZERO BULLET COMPANY,
FOR FURNISHING AMMUNITION FOR THE POLICE DE-
PARTMENT.
ACCEPTING THE BID OF WITHERS VAN LINES,
RECEIVED MARCH 11, 1976, FOR MOVING THE MIAMI
POLICE DEPARTMENT, AT A TOTAL COST OF
$12,211.00
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
SUPPLEMENTARY AGREEMENT WITH RALPH ALLEN,
GOLF PRO AT THE CITY OF MIAMI GOLF COURSE IN
MIAMI SPRINGS,
R-76-292
R-76-303
R-76-304
R-76-305
R-76-306
R-76-307
R-76-308
R-76-309
R-76-310
R-76-311
R-76-312
R-76-314
0090
76-292
76-303
76-304
76-305
76-306
76-307
76-308
76-309
76-310
76-311
76-312
76-314
15
16
17
18
19
20
21
22
23
24
25
26
UMENIINDEX
ONTINUED
DOCUMENT IDENTIFICATION
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
SUPPLEMENTARY AGREEMENT WITH CHARLES DELUCCA
JR. GOLF PRO AT MELREESE GOLF COURSE.
ACCEPTING THE COMPLETED WORK PERFORMED BY
OVIDIO P. RODRIGUEZ, JR. AT A TOTAL COST OF
$40,576.16
ACCEPTING THE PLAT ENTITLED NEW ROOSEVELT OF-
FICE, A SUBDIVISION IN THE CITY OF MIAMI.
ACCEPTING THE PLAT ENTITLED CULMER VILLAS, A
SUBDIVISION IN THE CITY OF MIAMI.
APPOINTING FIRE CHIEF D.A. HICKMAN AS THE
CIVIL PREPAREDNESS DIRECTOR FOR THE CITY OF
MIAMI AND CHIEF OF TRAINING D.A. HEWSON AS THE
CIVIL PREPAREDNESS COORDINATOR FOR THE CITY.
CONFIRMING THE ACTION TAKEN BY THE CITY MANA-
GER IN THE SUBMISSION OF A GRANT APPLICATION
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR AN ECONOMIC DEVELOPMENT PLANN-
ING PROGRAM
GRANTING THE UNITED STATES DISTRICT COURT THE
USE OF BAYFRONT AUDITORIUM ON MARCH 1, 1976,
APRIL 7, 1976 FOR THE PURPOSE OF HOLDING IMMI-
GRATION AND NATURALIZATION SERVICES, WAIVING
THE USUAL RENTAL FEE.
WAIVING THE FEE FOR THE USE OF BAYFRONT AUDI-
TORIUM ON NOVEMBER 13 AND DECEMBER 19, 1976,
FOR THE TOYS FOR TOTS PROGRAM BALL AND PARTY
SPONSORED BY THE ARCHDIOCESE OF MIAMI.
WAIVING THE FEE FOR THE USE OF THE MIAMI
STADIUM FOR A BASEBALL GAME BETWEEN MIAMI
JACKSON HIGH SCHOOL AND SOUTH MIAMI HIGH
SCHOOL ON APRIL 9, 1976
APPROVING THE APPLICATION OF BELEN JESUIT
PREPARATORY SCHOOL FOR USE OF 824 S.W. 7TH
AVENUE ON APRIL 3RD AND 4TH 1976.
APPROVING THE APPLICATION OF COLEGIO MONTORI
FOR USE OF 5565 WEST FLAGLER STREET TO HOLD
A CARNIVAL ON MAY 2, 1976.
COMMENDING THE MANY PERSONS WHO HAVE VOLUN-
TEERED THEIR TIME IN THE MIAMI RIVER CLEANUP
PROJECT,
RATIFYING THE ACTION OF THE BOARD OF TRUSTEES
OF THE MIAMI CITY GENERAL EMPLOYEES RETIRE-
MENT PLAN IN PASSING A RESOLUTION ENGAGING
DR, J. SAWYER, TO CONDUCT TWO EDUCATIONAL
SEMINARS ,
ACTION
R-76-315
R-76-.320
R-76-321
R-76-322
R-76-323
R-76-324
R-76-325
R-76-326
R-76-327
R-76-328
R-76-329
R-76-330
R-76-331
CODE _rN0•
76-315
76-320
76-321
76-322
76-323
76-324
76-325
76-326
76-327
76-328
76-329
76-330
76,-331
27
28
29
30
31
32
33
34
35
36
37
UMIE NT'I NDEX
ONTINUED
DOCUMENT IDENTIFICATION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
HAROLD COPE, WITHOUT THE ADMISSION OF LIABILI-
TY, THE SUM OF $1,500.00 IN FULL AND COMPLETE
SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF
MIAMI FOR ALLEGED PERSONAL INJURIES.
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO MR. FRANCISCO R. MARTY, WITHOUT THE ADMIS-
SION OF LIABILITY, THE SUM OF $4,500.00, IN
FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS
AGAINST THE CITY OF MIAMI.
AUTHORIZING THE CITY ATTORNEY TO FILE A LAW
SUIT AGAINST MR. SERGIO ROQUE, FOR THE PURPOSE
OF OBTAINING APPROPRIATE RELIEF FOR MR.
ROQUE'S VIOLATION OF CITY ORDINANCES REGARDING
MISREPRESENTATION OF INFORMATION IN A BUILDING
PERMIT APPLICATION AND ZONING VIOLATIONS.
AUTHORIZING THE PAYMENT OF BENEFITS, UNDER
RESOLUTION NO. 39802 ENACTED JUNE 20. 1968,
TO CITY EMPLOYEES WORKING FULL TIME UNDER THE
MANPOWER PROGRAM.
RATIFYING AND CONFIRMING THE ACTION TAKEN BY
THE CITY MANAGER IN CONVEYING THE DEED TO DADE
COUNTY FOR TEN FEET OF RIGHT OF WAY ON N,W.
5TH STREET.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE GROVE GROUP, (A JOINT VEN-
TURE OF BORROTO & LEE, FOR THE STUDY, ANALY-
SIS AND DEVELOPMENT OF THE DINNER KEY RECREA-
TION CENTER/EXPOSITION HALL.
CERTIFYING THE RESULTS OF THE SPECIAL AMEND-
MENT ELECTION HELD ON MARCH 9, 1976, FOR THE
PURPOSE OF VOTING FOR THE RATIFICATION OR
REJECTION OF THE FOLLOWING QUESTIONS.
CERTIFYING THE RESULTS OF THE SPECIAL BOND
ELECTION HLED MARCH 9, 1976 AS BEING AN AP-
PROVAL OF THE CITY'S ISSUANCE OF THE BONDS
THEREUNDER,
ACCEPTING THE BID OF C. & W UNLIMITED RECEIVEE
FEBRUARY 18, 1976 FOR FURNISHING A REMOVABLE
POOL BULKHEAD FOR THE CURTIS PARK POOL.
ACCEPTING THE BIDS RECEIVED DECEMBER 21, 1975
FROM WENDEL BUTLER'S SUPPLY CO., SOUTHERN
MILL CREEK, AND WOODBURY CHEMICAL, FOR
FURNISHING FERTILIZERS AND CHEMICALS FOR USE
BY THE PARKS AND RECREATION DEPARTMENT.
ACCEPTING THE BID RECEIVED FROM EASTERN
LITHO CORPORATION ON JANUARY 25, 1976 FOR
PRINTING 75,000 BROCHURES IN ENGLISH AND
20,000 IN PORTUGUESE,
coAhtssth
ACTION__.
RETRLVAL__.__._
COtE_NO.
R-76-332
R-76-333
R-76-334
R-76-335
R-76-336
R-76-337
R-76-338
R-76-339
R-76-340
R-76-341
R-76'342
76-332
76-333
76-334
76-335
76-336
76-337
76-338
76-339
76r340
76-341
76-342
U'MENT'I N DEX
ONTINUED
TEM NO6 DOCUMW IDENTrrtcA`TION
38
39
40
41
42
43
44
45
46
47
48
ACCEPTING THE BID QUOTATIONS OF EVERGLADES SOD
& LANDSCAPING, INC. FOR 15' GUMBO LIMBO TREES.
AMENDING THE BID OF ARPCO PAVING CO., INC. IN
THE AMOUNT OF $37,984.40 FOR THE CHOPIN PLAZA
STORM SEWER REPAIR-1976
AUTHORIZING THE CITY MANAGER TO SPEND UP TO
$15,000 FOR PURCHASE OF MATERIAL AND FOR IN-
STALLATION OF IRRIGATION SYSTEM IN THE ORANGE
BOWL STADIUM.
ALLOCATING $100 FROM THE CONTINGENCY FUND FOR
THE PURCHASE OF SHIRTS FOR THE MEMBERS OF THE
MIAMI CITY EMPLOYEES BOWLING LEAGUE.
APPOINTING YVONNE SANTAMARIA, ALICIA BARO,
MANUEL MENDOZA, REVEREND H. KIRKLEY AND HAZEL
GRANT, AS MEMBERS OF THE CITY OF MIAMI AFFIRMA-
TIVE ACTION BOARD.
ACCEPTING IN PRINCIPLE THE PLAN SUBMITTED TO
THE CITY COMMISSION ON MARCH 4, 1976 BY
EDWARD D. STONE, JR. & ASSOCIATES FOR THE
BOULEVARD FRONTAGE OF THE NORTH PORTION OF
BAYFRONT PARK.
COMMENDING 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
AUTHORIZING THE PAYMENT OF TRAVEL EXPENSES
INCURRED BY VICE -MAYOR ROSE GORDON IN CONNEC-
TION WITH HER TRIP TO WASHINGTON, D.C. FOR
THE MEETING OF THE NATIONAL LEAGUE OF CITIES.
TERMINATING THE AGREEMENT BETWEEN THE CITY OF
MIAMI AND MR. PAUL WEBER FOR PROFESSIONAL
SERVICES AS A CLAIMS SUPERVISOR
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO MR. AND MRS. SAMUEL TARAVELLA, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $1,196,30
IN FULL AND COMPLETE SETTLEMENT OF PROPERTY
DAMAGE AND TOWING CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI.
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ATTORNEY'S FEES AND COSTS IN THE AMOUNT OF
$5,000.00 TO JOHN R. FARRELL, P.A. AS ATTOR-
NEY FOR THE DEFENDANT -OWNER OF PARCEL 1537.2
R-76-343
R-76-344
R-76-346
R-76-347
R-76-348
R-76-349
R-76-350
R-76-351
R-76-352
R-76-353
R-76-354
76-343
76-344
76-346
76-347
76-348
76-349
76-350
76-351
76-352
76-353
76-354