HomeMy WebLinkAboutCC 1975-01-09 MinutesITY OF MIAMI
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18 96
COM ISSION
MINUTES
OF MEETING HELD ON JANUARY 9, 1975
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H, D, SOUTHERN
CITY CLERK
RALPIH G. ONGIE
ASSISTANT CITY CLERK
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trt�c
�S�I�OFI�IIAMT; ��R[M
SUBJECT
DREDGE PERMIT APPLICATION -AREA ADJACENT TO LOTS 53-62
BLOCK "B" FLAGLER MARY BRICKELL (5-44)
DREDGE PERMIT APPLICATIONN-AREA CONTIGUOUS TO LOTS 70-
73, BLOCK "B" FLAGLER MARY BRICKELL
ALLOCATE $5,000 FOR GOLDEN GLOVES PRELIMINARY EXPENSES
CHANGE ZONING CLASSIFICATION LOTS 1, 2, & 30 THRU 40,
CHARLES M. MUNDY'S SUB AND SMALL UNPLA'I'TED TRACT
GRANT PETITION FOR P.A.C. LOTS 1, 2 & 30 THRU 40,
CHARLES M. MUNCY'S SUB AND LOTS 1 TIIRU 7 E.W.F.
STIRRUP SUB (1-12)
STREET CLOSURE, HIGGS STREET BETWEEN PERCIVAL AVENUE
AND DAY AVENUE —TENTATIVE PLAT #916—"PERCIVAL GARDENS"
CHANGE ZONING CLASSIFICATION TENTATIVE PLAT #916,
PERCIVAL GARDENS
GRANT PETITION FOR P.A.D. TENTATIVE PLAT #916, "PERCIVP.I\
GARDENS"
STREET CLOSURE N.W. 55 STREET APPROXIMATELY 140' W OF
N.W. 2 AVE. TENTATIVE PLAT 4918—"EDISON PLAZA"
CHANGE ZONING CLASSIFICATION TENTATIVE PLAT #918 —
"EDISON PLAZA"
GRANT APPLICATION FOR P.A.D. TENTATIVE PLAT #918 —
EDISON PLAZA"
CONDITIONAL USE LOTS 9-12 — ORCHID DELL GARDENS,
1570 N.W. 26 AVENUE
CONDITIONAL USE, EVERGLADES SCHOOL—LORS 10-13, BLOCK
"B" BISCAYNE PARK TERRACE
1 YEAR EXTENSION OF VARIANCE 3199 GRAND AVENUE, GROVE
CINEMA, INC.
MONTMARTRE RESTAURANT — REVIEW OF OPERATIONS AS SUPPER
CLUB
C-2A DISTRICT —BRIEF DISCUSSION OF PROPOSED ORDINANCES &
REFERRAL BACK TO THE PLANNING ADVISORY BOARD
MONTtARTRE RESTAURANT — CONTINUATION OF DISCUSSION OF
TEMPORARY OPERATION AS SUPPER CLUB
PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS
DELETE SECTION 2—ARTICLE XXIII—OFF—STREET PARKING &
LOADING AMENDING ORDINANCE 6871
APPROPRIATE $15,500 FROM UNANTICIPATED REVENUES
1975 INTERNATIONAL FOLK FESTIVAL
CHANGE FIRST MEETING IN FEBRUARY 1975 TO FEBRUARY 12
NOISE ABATEMENT PROGRAM, PRESENTATION BY DR. STANLEY
E. DUNN
ORDINANCE OR
RESOLU) I ON No.
PAGE NO, I
DISCUSSION 1 1-4'
R 75-1
DISCUSSION
FIRST READING
4-6
7
7-8
R 75-2 8
R 75-3 9
FIRST READING 9
R 75-4 9-10
R 75-5 10
FIRST READING 10
R 75-6 11
M 75-7 12-20
R 75-8 20-21
R 75-9 22
DISCUSSION CT' Ia 23-36
DISCUSSION 36-37
MOTION & DIS—
CUSSION(80) 37-42
M 75-11 43
8343 44
8344 44-45
MOTION 45
R 75-12 46-49
MIX
OFJEGULAR MI
ISS[(V 0F MIAMI,TFLORCM
SUBJECT
ORDINANCE OF
RESOLUl i UN No•
PAGE NII,
23.
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25.
26.
27.
28.
29.
30.
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32.
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34.
35.
36.
37.
38.
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41,
42,
PROPOSEb NEW CITY HALL=PERSONAL APPEARANCE OF MR. SOL
MEYERSON
RAPID TRANSIT CORRIDOR ZONING -PERSONAL APPEARANCE OF
MR. BOB KUNST
TRAFFIC PROBLEMS FACED BY SENIOR CITIZENS, PERSONAL
APPEARANCE OF MR. MARTIN EX
YOUTH ADVISORY BOARD, APPOINTMENTS, DELETIONS AND RECO-
MMENDATIONS BY MR. KEN FRIEDMAN
CITY OF MIAMI SPONSORSHIP OF POLITIDAL SCIENCE EXPLORER
POST
PERSONAL APPEARANCE -STATE REPRESENTATIVE GWENDOLYN S.
CHERRY TO DISCUSS NEEDS IN THE OVERTOWN DISTRICT IN
THE CITY OF MIAMI
PERSONAL APPEARANCE -ATTORNEY ALAN ROTHSTEIN TO DISCUSS
PROPOSED CITY OF MIAMI INSURANCE ELECTION AND PROPOSAL
OF H.M.O. PLAN
M 75-13 50-52
DISCUSSION . 52-58
DISCUSSION 58-59 •
M 75-14,75-15 60-62
1 75-16 62-63
DISCUSSION 1 63-68
DISCUSSION 1 68-76
ASSISTANT CITY MANAGERS -ADOPTION OF RESOLUTION & DIRECT- M 75-17
ING MANAGER TO INSTITUTE AN AFFIRMATIVE ACTION PROGRAM R 75-18 76-81
SELECTION OF CONSULTANT-MINI-PARK-46 W. FLAGLER STREET M 75-19 81-82
PERSONAL APPEARANCE, MRS. ATHLIE RANGE TO DISCUSS ESCOR
SERVICE RENDERED TO FUNERAL HOMES DISCUSSION 82-83
APPOINT MR. RICK SISSER AS CITY OF MIAMI LEGISLATIVE
LIAISOM REPRESENTATIVE IN TALLAHASSEE M 75-20 83-84
ORDERING RESOLUTION: OMNI HIGHWAY IMPROVEMENT H-4384 R 75-21 84-85
URGE METRO TO EXPEDITE CONSTRUCTION OF STREETS WITHIN
THE CITY INCLUDED IN THEIR DECADE OF PROGRESS BOND
ROAD PROGRAM, ETC.
AMEND SEC. 54-34.1 OF THE CODE AUTHORIZING DIRECTOR OF
PUBLIC WORKS TO ALLOW VARIATIONS, DEVIATIONS OF REPLAC-
ING OR CONSTRUCTING SIDEWALKS, CURBS & GUTTERS AND TO
EXECUTE COVENANTS
AMEND RES. 72-51, AUTHORIZING DIRECTOR OF PUBLIC WORKS
TO APPROVE, ACCEPT AND RECORD IN THE PUBLIC RECORDS OF
DADE COUNTY, FUTURE COVENANTS TO RUN WITH LAND WITH-
OUT INDIVIDUAL RESOLUTIONS
ACCEPTING COMPLETED WORK, LUMMUS PARK SHUFFLEBOARD COUR
RESURFACING-1974
DENYING CERTAIN CLAIMS & DIRECT CITY ATTORNEY TO DEFEND
SUITS
1-YEAR EXTENSION OF EMPLOYMENT-JOHN C. TOMICK, CARPENTE
JOURNEYMAN, PUBLIC FACILITIES DEPARTMENT '
ISSUE WASTE COLLECTION LICENSES: UNITED SANITATION SER-
VICES, NATHAN SAUNDERS, PORFIRIO HERNANCEZ-P.H. WASTE
DISPOSAL, JUAN HERRERA WASTE DISPOSAL
APPOINT ADDITIONAL MEMBERS, CITY OF MIAMI COMMITTEE ON
ECOLOGY AND BEAUTIFICATION
R 75-22 85
FIRST READING 86
R 75-23 86
R 75-24 87
R 75-25 87
R 75-26 88
R 75-27
R 75-28
88
89
Ci4
INDEX
ISSIaJ OF -AR hiIAM[, ��RtbA
SUBJECT
ORDI LANCE OR
RESOLD i i oN No.
PAGE 'in.
43.
44,
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46.
47.
48.
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53.
54.
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56.
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APPOINT ADDITIONAL MEMBERS TO COMMITTEE TO ASSIST EX-
OFFENDERS
ISSUE PERMIT FOR AMUSEMENT RIDES, MAHI SHRINE TEMPLE
CIRCUS AT FLAGLER KENNEL CLUB
RATIFY ACTION OF CITY MANAGER IN PURCHASE OF 20 SWING
GRATES AND SWING.GRATE SHAFTS FOR DEPARTMENT OF SANIT-
ATION
WAIVE RENTAL FEE-BAYFRONT PARK F3ANDSHELL, FEBRUARY 2,
1975, FLORIDA JEWISH WAR VETERANS OF U.S.A.
AUTHORIZE GRANT APPLICATION, STATE OF FLORIDA TO AID
IN THE ACQUISITION OF LAND FOR LATIN COMMUNITY RIVER -
FRONT PARK
AUTHORIZE RECORDING OF DEED: CONVEYANCE OF LAND LOCATED
AT 2800-2900 N.W. SOUTH RIVER DRIVE FROM METROPOLITAN
DADE COUNTY FOR PARK
EXECUTE CONTRACT -MUNICIPAL JUSTICE BUILDING COMPUTER
ROOM IMPROVEMENTS, ALLOCATING ADDITIONAL $3,628
AMENDING ORDINANCE 8227-ART IN PUBLIC BUILDINGS, ESTAB-
LISHING CULTURAL ARTS COMMITTEE AND CHANGING THE TERM
OF THE COMMITTEE FROM ONE TO TWO YEARS
APPOINTING NEW MEMBERS TO CULTURAL ARTS COMMITTEE
EXECUTE CONTRACT FOR PROFESSIONAL SERVICES IN CONNECT-
ION WITH MIAMI COMPREHENSIVE NEIGHBORHOOD DEVELOPMENT
PLAN
ADDITIONAL APPROPRIATION $1010 CONSULTANT SERVICE FOR
SOUND REINFORCEMENT SYSTEM IMPROVEMENTS
WAIVE RECREATIONAL USE FEE-ROBERT KING HIGH CAMPING AREA
WOUTH FLORIDA COUNCIL OF BOY SCOUNTS
AWARD BID -BAY CREST HIGHWAY IMPROVEENN H-4373
AWARD BID-N.E. 4 COURT HIGHWAY IMPROVEMENT H-4360,
HIGHWAY PORTION $521,402.70
AWARD BID - N.E. 4 COURT HIGHWAY IMPROVEMENT H-4360,
STORM SEWER PORTION $595,905.00
AWARD BID - N.E, 4 COURT HIGHWAY IMPROVEMENT H-4360,
LANDSCAPING PORTION $43,575.00
AWARD BID -DRAINAGE PROJECT A-4, $25,775
AWARD BID -NEW FIRE STATION NO. 6 - 1975, ALLOCATING
$429,000
AWARD BID-500 TOTE CONTAINERS
AWARD BID - 4 TONS OF 20-20-20 WATER SOLUBLE CHEMICAL
a FERTILIZER
AWARD BID - TAPE RECORDERS AND TRANSCRIBER AND ALLIED
EQUIPMENT FOR USE BY T;!E DEPARTMENT OF ADMINISTRATION,
PIIJ NNING & ZONING
R 75-29
R 75-30
R 75-31
R 75-32
75-33
R 75-34
75-3'_)
89
90
90
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91
92
92
FIRST READING 93
R 75-36 93
R 75-37 94
FIRST READING 94
R 75-38 95
R 75-39 95
R 75-40 96
R 75-41 96
R 75-42 97
R 75-43 97
R 75-44 98
R 75-45 98
R 75-46 99
R 75-47
99
t
ITEMNL
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INDEX
CITY�C�[S�[O�J OF M1Ah1T FLORINI
AWARD Btb - DOCK BOXES FOR DEPARTMENT OF PUBLIC FACILIT-
IES
AWARD BID - WINDOW CLEANING
AWARD BID - PEST CONTROL MAINTENANCE
AWARD BID - ELEVATOR MAINTENANCE
AWARD BID - POLICE REVOLVERS
AWARD BID - SALE OF OLD POLICE REVOLVERS
AWARD BID - BOXING EQUIPMENT
AWARD BID - UNIFORMS FOR FIRE DEPARTMENT
AWARD BID - RENTAL OF AUTOMOBILES
AWARD BID - COMPUTER PAPER
AWARD BID - CAMERAS AND ALLIED EQUIPMENT
AUTHORIZE NEGOTIATIONS FOR DESIGN SERVICES-46 WEST
FLAGLER MINI -PARK
EXTENSION OF WAIVER OF DEV:1OPMENT OF 6 OF 27 OFF-
STRIET PARKING SPACES, 22 UNIT APARTMENT BUILDING,
N.W. 5 AVE S 34 STREET
APPOINTING NORA SWAN TO THE BICENTENNIAL COMMITTEE AND
DIRECTING THAT SHE BE DESIGNATED CHAIRPERSON
AMENDED RESOLUTION: CONDITIONAL USE OF LOTS 9-12,
ORCHID DELL GARDENS, 1570 N.W. 26 AVENUE
79. ALLOCATE $5,000 FOR COCONUT GROVE CARES AS SEED MONEY
FOR GOLDEN GLOVES BOXING TOURNAMENT.
80. MONTMARTRE RESTAURANT OPERATION AS SUPPER CLUB -
EXTENDING CONDITIONAL USE UNTIL MARCH 27, 1975
81. WAIVE RENTAL FEE OF BAYFRONT PARK BANDSHELL: FEDERACION
OF CUBAN PRIVATE SCHOOLS FOR JOSE MAZRTI WEEK CEREMONY
82. REQUESTING BOARD OF COUNTY COMMISSIONERS OF METRO DADE
COUNTY TO ADOPT AN EMERGENCY PARKING LOT ORDINANCE TO
REMOVE VEHICLES FROM PRIVATE PROPERTY, ETC.
83. DIRECT CITY MANAGER TO OBTAIN ENGINEERING CONSULTANT TO
EVALUATE THE PRACTICABILITY OF MODERNIZING THE DINNER
KEY AUDITORIUM
84. AWARD BID - HARD SURFACE COURTS-1975-$186,079.00
85. AWARD BID - HARD SURFACE COURTS-1975-$80,311,00
86, AWARD BID HARD SURFACE COURTS-1975-$13,480.00
87, AWARD BID FERTILIZER
ADJOURNMENT******,********************************
R 75-48
R 75-49
R 75-50
R 75-51.
P 75-52
R 75-53
R 75-54
R 75-55
R 75-56
R 75-57
R 75-58
R 75-59
R 75-60
R 75-61
R 75-62
R 75-63
R 75-64
R 75-65
R 75-66
100
100
101
101
102
102
103
103
104
1.04
105
105
106
106
107
107
1 0
]()8
109
R 75-67 109'
R 75-68 ].10
R 75-69 110
R 75-70 111
R 75-71 111
**************** ***********
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * * * * * * * *
On the 9th day of January, 1975, 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 9:00 O'Clock A.M. by Vice -Mayor
J. L. Plummer, with the following members of the Commission found to
be present:
ALSO PRESENT:
Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer, Jr.
ABSENT: 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.
REA AJACENT TO LOTS 53===62
�,..�E� - ER MARY BR I CKELL (5-41! )
1, DREDGE PERMIT ACPLICAPPLICATION,
Mr. Plummer: Once Again. for thn rr'rr r 1. T wi 11 annnunrp that thp Mawnr i c
abstaining from voting on items 3 and 4. We will now call item 3. This item
was deferred, as I recall, at the insi::tance of Father Gibson who wished some
of the legal terminology to be clatifit 1. Mr. City Attorney, item 3 if you
will speak to th, .. one first.
Mr. Lloyd: Yes, sir. First, on both items 3 and 4 the terminology was to e
the same. We have prepared an appropriate resolution for both of them indicat-
ing the terminology and I would like to read the title of the resolution. I
think that would be the best way to do it which indicates the exact terminology
which this commission expressed. This is a resolution granting permission to
dredge the area in Biscayne Bay adjacent to lots 53 through 62, Block B, Flagler
Mary Brickell (5-44) at 1901 Brickell Avenue, in conjunction with proposed marina
as per plan on file; zoned R-5A (High Density Mult9ple) subject to the following
conditions: (1) There shall be no gas or diesel pumps on the docks, (2) There
shall be no commercial use of the marina, (3) there shall be no accessory use store
at the marina site, (4) The City of Miami shall be given the fill obtained by
dredging the bay bottom and said fill shall be placed in a convenient location
for easy pickup, (5) the roof of the existing multi -story building owned by the
applicant and built upon the property above described will be left clear to per-
mit possible landing of helicopters on the roof area, (6) the applicant shall
permit the City of Miami to place an antenna on the building constructed on the
above described property, (7) the "set back" shall comply with the Planning
Department's requirements for "set backs", (8) the applicant shall not permit
living aboard vessels and shall provide a clause in each and every contract or
lease with the users of its dock facilities that there will be no "Live aboards"
permitted at said dock facilities; and that there will be no house boats permitted
to dock at this facility at any time, and (9) there shall be complete compliance
with chapter 24 of the code of Metropolitan Dade County and Chapter 403 of the
Florida Statutes; and authorizing and directing the City Manager and City Clerk
to enter into an agreement with the applicant to permit the dredging of Biscayne
Bay in accordance with the provision and conditions of this resolution.
Mr, Plummer; I don't recall at any time this Commission having concerned about the
JAN " 9 1975
Parking of houseboats. NOw I wculdn't have any concerns about that. The
thing is covered very fully by no live aboards. But houseboats perse, I don't.
think is classified as any other boat is.
Rev. Gibson: What would happen if they had visitors? I don't want to give them
an xcuse.
Mr. Plummer: No Father, I'm speaking now in the terms of a house..:it - today
most all boats have some li.virg accomodations aboard but houseboats l.,rse are in
the 35 and 40 foot category. I see nothing wrong. They've got to have to have
a place to park houseboats as well. They just can't live on the boat whether it
be a houseboat or a sailboat or a motor boat. I don't see anything wrong with a
houseboat as long as it has propulsion. That would be the key factor, as long as
it has a motor and we require that at Dinner Key. A lot of these out here only
have a little kicker over the back but it comrlies with the law.
Rev. Gibson: Mr. Andrews, you had some concern? You'd better express it no::.
Let me ask this question: When these gentlemen were here last time standing
right there we said we want them to put forth every effort and I don't want
them to tell us they've put forth an effort -I want some visible concrete evid-
ence they went and asked everybody who had a contract. You see, I know how that
can be done. Now I'm going to take care of you, my brother. Brother Watson,
you see you don't have any contracts out yet, do you? Ok, so I have you covered.
You have some out. Isn't that right?
UNIDENTIFIED SPEAKER: Yes, sir.
Rev. Gibson: And I'm concerned because those who got in before may do it to me
because they got in before and I did this after.
UNIDENTIFIED SPEAKER: No, sir, I don't have any contracts for any slips. A11
we have is we have told people that if we have slips they're number one on the
waiting line to sign contracts. I have no contracts...
Rev. Gibson: That isn't what I'm talking about. Have you sold any of those
condominiums yet?
UNIDENTIFIED SPEAKER: Yes, sir. I have.
Rev. Gibson: Isn't it true that when you sell the condominiums that you have
to have an understanding before so that all of the people will be living alike?
I don't want them to tell us that this is a requirement for half of the people
and not a requirement for the others. My brother, this morning you've got me
dead to the right I want to see that they keep that law too because ] want to
protect the citizens of this City and not let them be a victim.
Mr. Plummer: For the record, would you indicate your name and address, please.
Mr. Harper: Yes. My name is Allen Harper. I'm executive Vice -President of
American Design Development Corporation, the owners and I'm also project direct-
or at Brickell Place. We have established our declaration of condominium has
not been filed as of this date. It treats all people exactly the same. All
considerations regarding the marina are simply stated that if there ever are
any marina facilities all individuals there at Brickell Place have a right to
have a boat there if there is space. It is on a first come first served basis
and they're all aware of what the situation is. THere is no committment for
a marina at this time, obviously because we don't have the permits for it.
Rev. Gibson: You know, I don't want you to tell me what you think I want to
hear and I don't want you to tell me something so this man can get off the
hook. It disturbs me that if 50% or 25% or 1% of the probably condominium
owners already have contracts, you tell me the legal and I want it for the
record so that we could hang you later on if it isn't there. Ok?
Mr. Lloyd: Yes, sir. I would like to look at the contracts and the declarat-
ion of condominium before I decide. I havOn't seen either one.
Rev. Gibson: What I'm concerned about is I don't want three or four people
or I don't want 10% or 15% of the people to go scot free.
Mr. Lloyd; You don't want them grandfathered.
Rev, Gibson: Right. You've got me. My brother, you understand what I'm
saying?
JAN "91975
UNIDENTIFIED SPEAKER: Yes, sir.
Ceti. Gibson: Ok, can you satisfy me with that knowing that's the way I feel
and what I'm asking for the people?
UNIDENTIFIED SPEAKER: That's right. At this point I think I ean alleviate
your fears in that we've made no conunit:t.ment to anyone about a marina. There's
no one that can be grandfathered. No one has a contract for .a marine slip.
There's no rights been given cn a marina. We've made no committnt'nt for a marina.
Rev. Gibson: I understand that.
Mr. Lloyd: You and Father are not talking about the same ....
Rev. Gibson: The same language.
Mr. Lloyd: I understand exactly what he is talking about. He is talking al ut
your contract for the condominium to make certain that gives them no prior rights
with respect to slips which the ones would not have after this resolution. 1
would feel a lot A sample contract or at least one of the contracts
you may have executed with respect to the condominium with any prospective tenants.
Rev. Gibson: Right, and let me say, Mr. presiding officer, Vice -Mayor; I'm
prepared to vote to take care of the other people and I will hold you in abeyance
until those questions are answered for me.
Mr. Ferencik: I was going to point out that the other condominium which is
2333 Brickell had prepared the agreements and they're available. The Clity
Attorney has the agreements on them and I think they had a problem with the
death of the mother of their attorney or something. We simply haven't gotten
with them about preparing their document.
Mr. Plummer: Well alright, let's talk to item 3 first. Sir, do you wish to
say something? Go ahead.
Unidentified Speaker: Again, I can understand what you're tryiny to say if
we're conveying any previous right. I don't understand, and I've talked thor-
oughly with our attorney. He was supposed to be here today and unfortunately
his mother passed away late the day before yesterday. I don't understand how
there can be any Godfathering in, Grandfathering in of any kind of a point in
the marina. We have made no committment on the marina and no one has any
rights to the marina. It's not even in the contract.
Mr. Plummer: I understand your point. Is it possible that you could afford
him and his attorney a copy of what Mr. Watson has presented which seems to
satisfy everybody. Mr. Watson, you don't have a copyright on that, do you?
Mr. Lloyd: I have a copy right here of Mr. Watson's.
Mr. Plummer: What I'm trying to say to you is this: Will your attorney be
back today?
Mr. Watson: No, sir. The funeral is this morning.•
Mr. Plummer: All right. Well, the best that we're going to be able to do
for you is the 23rd. Father seems to want this. Father, let me just ask this
because we have deferred the man twice. Would you consider and since you've
made your points very strong, would you consider passing this subject to the
approval of the proper documents being presented to the City Attorney?
Rev. Gibson: My brother, my mood this morning is if you want me to do it
I'm going to protect the people. I have no light to guide my future but the
light of the past. I'm not questioning your honesty nor your integrity. It
is a matter of procedural business with me, It isn't a question of which comes
first, the chicken or the egg -I've got to get this before 1 know, before 1 agree
to do it because I want to protect the people of this City and I don't want them
to come back later on and say to me, "You did it to me." And 1 think this is
fair and reasonable. You secs, if you've sold half of your building, let me tell
this gentleman -I don't think we're on the same wave length; If you've said half
of your building and the people don't know that this is the way we going to let
you dredge because, then they come back and tell us, "You know when we bought
that wasn't there," And they're right. Now, in order for you to expedite what
you want and you know you give and we give, We want you to dredge, We're say-
JAN 9 975
saying to you, say to all those people, and you see you have some weight with
them, t don't have no weighty Isn't that true? Yes it is.
Mr. Plummer: It is pretty obvious that you're going to have to present the
document first. I don't think there should be any problem once you present
the document.
Rev. Gibson: I grant you there will be no problem if you
Mr. Plummer: Father, do I understand your motion is a motion of deferrment?
Rev, Gibson: I want to defer you, sir. That is the motion.
A motion to defer was introduced by Rev. Gibson, seconded by Mrs. Gordon and
passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, r.
Plummer and Mr. Reboso. NOES: None. ABSTAINING: Mayor Ferre.
Mr. Plummer: You understand now the outcome. All right sir. Present the
document and it is all over.
2, DREDGE PER,"1IT APPLICATION -
A A ,COATI GUOUS To LOTS 70, 71, 72 & 73
- ELER NARY BRICKELL
Mr. Plummer: Item #4, Mr. City Attorney, this was also deferred for the pur-
poses of the documents being presented. Are you satisfied with the documents?
Mr. Lloyd: Yes. On this one, the resolution by the way is the same and the
only difference would be the address. This would be a resolution granting per-
mission to dredge the area in Biscayne B.•y continguous to lots 70, 71, 72 and 73,
Block "B" Flagler Mary Brickell, at 2333 Brickell Avenue, in conjunction with
proposed marina. And of course, otherwise with the sane provisions in the marina
and of course we do have that provision in there about no houseboats at anytime.
If you would wish to amend that that can be done by interlineation subject to
the will of the Commission.
Mrs. Gordon: I'd rather leave it there. I don't think that we ought to open
the door for houseboats because we don't have the policing power that would be
needed to make sure that no one was sleeping in there or whatever. I think
you prevent any problems if you leave the resolution as it is.
Mr. Plummer: Rose, please let me plead with you as a boater. Every boat has
living facilities aboard. Many people, and I am personally contemplating buy-
ing a 34 foot Nautiline-doesn't mean that I'm not going to live aboard as you
know, but they've got to have a place to dock those boats just like they do
any other boat. Now I don't know how else to tell you. It is an unfair term-
inology. Father, there is two different types of houseboats and that's why I
said if we use and pattern after the dinner key regulation where it must have a
motor. The big problem is those that they build on barges with no propulsion.
Now if you want to say that in the ordinance I'll go along with you but these
34 and 40 foot Nautilines are beautiful boats but they're sold as houseboats.
It would be very unfair.
Mrs. Gordon: Mr. Acton, would you speak to the point? We were discussing
the differential between houseboats and houseboats meaning houseboats with
motors and those that don't have them and the ordinance reads no houseboats.
Will you speak to that point.
Mr. Plummer: George, since you ... All right, you tell him, Mr. Ferencik.
Mr. Acton: Well, I wanted to tell the Commission that the City of Miami admin-
istration is working on a vessel control ordinance that will delineate espec-
ially definitions of the different types of boats. I assume what you're talking
about is self propulsion of houseboats as opposed to those that are stationary...
Mr. Plummer: That': exactly the }pint I'm trying to make. Rose, it would be
unfair because go out hero to our own marina and we have many houseboats that
people do not live aboard and it would bu most unfair to put such a thing. If
you want to put it a houseboat with propulsion that's .alright. Then you elimi.n-
ate all of these barges and all of that. Out I would have to vote against it
because houseboats have got to have to have a place to dock as well as any type
of boat. And I've reached the age where I want a houseboat.
JAN 91975
Mts. Gordon: Let me ask you a question. If you have a houseboat perse, do
you use it in the same manner you do any... I'm not one that is well acquainted
with boats. Do you use it in the same manner, you know take it out and spend a
day:...
Mr. Plummer: Oh you cruise from a houseboat, you fish from a houseboat, abr,ut
the only thing you don't do from these new modern type of houseboats, yr,.i r:',n't
sky from them: But other than that it is just where a guy can take his, house-
boat and if he wants to go out here in the middle of the bay he drop:, hi:; anch i
over board and he spends a weekend out in the bay. Now the houseboats that I
would agree with you on are the ones without propulsion where it takes: .>. tug to
come in and move them. Those should not be allowed. That is not a boat in my
estimation even though it is called a houseboat.
Mrs. Gordon: I think the intent of this resolution is to keep people from iving
in the marina on the boat.
Mr. Plummer: And that is covered in the first paragraph. Is it not? The
first paragraph of the ordinance "There shall be no live aboards" (In unison
with the City Attorney). That's covered.
Mrs. Gordon: But you know, it is kind of a play on words. If our attorney
thinks that we are, our intent is covered in the wording by the elimination of
what Mr. Plummer objects to I'll go along on it. I mean it is the intent_ and
are we going to be covered and are we going to prevent what could happen is an
extension of the actual building into the bay with people living on those live -
aboard boats even though they have a motor and can go cruising? Nevertheless,
they could be lived in and you understand we're not objecting except that you
know our intent and if we're covered in the language of this resolution, tine
as amended. And if not then you tell us how to do it.
Mr. Lloyd: I understand perfectly. What we might do, if it is agreea'dle with
everybody is use the term live aboards and substuting for "there should be no
houseboats", there shall be no living aboard any vessel at the docks at any
time.
Mr. Plummer: Fine.
Mrs. Gordon: That would be alright. That will do.
Mr. Lloyd: That might even be a little bit stronger. 'ir. Watson, you're sell-
ing a condominium. You're not selling dock space for live aboards.
Rev. Gibson: We 'm't want them to make that the second hotel, you know.
Mr. Plummer: All right, you can make that correction?
Mr. Lloyd: Yes. Mr. Clerk, we will May I do that for the record, please?
Where it says in paragraph 8 "The applicant shall not permit living aboard vessels
and shall provide a clause .." We'll just substitute, say "The applicant shall
not permit living any vessel within the marina." So Mr. Clerk, on paragraph or
(8) provision of the resolution it will now read, "The applicant shall not permit
living aboard any vessel within the marina and shall provide a clause in each and
every contract or lease with the users of its dock facilities that there will be
no 'live aboards' permitted at said dock facilities." Now we will strike then
"And that there will be no house boats permitted to dock at this facility at any
time." Now that is stricken. Now is that what everybody had wanted? Now I
think perhaps we had better ask Mr. Ferencik if that is, just to be absolutely
and over cautious.
Mr. P1Lraner: For the record, Mr. Ferencik indicates that is fine.
Mr. Lloyd: if we change our agreement by interlineation, Mr. Watson....
Mr. Watson: Yes. We'll do the same thing just to make it conforming with the
resolution. 'rht? applicant agrees to this for the record.
Mr. Lloyd; We want it to conform exactly. 1'1.1 get with you afterwards.
JAN uI91975
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO.75-1
A RESOLUTION GRANTING PERMISSION TO DREDGE THE AREA
IN IISCAYNE BAY CONTIGUOUS TO LOTS 70, 71, 72 AND 73,
BLOCK " 13", FLAGLER MARY BRICKELL (5-44) , AT :'3 13
BRICKELL AVENUE, IN CONJUNCTION WITH PROPOSED 'MARINA,
AS PER PLAN ON FILE; ZONED R-5A (HIGH DENSITY MUULTII'Ll),
SUBJECT TO THE FOLLOWING CONDITIONS: (1) THERE SHA,L
BE NO GAS OF DIESEL PUMPS ON THE DOCKS, (2) THERE SHALL
BE NO COMMERCIAL USE OF THE MARINA, (3) THERE SHALL BE
NO ACCESSORY USE STORE AT THE MARINA SITE, (4) THE
CITY OF MIAMI SHALL BE GIVEN THE PILL OBTAINED BY
DREDGING THE BAY BOTTOM AND SAID FILL SHALL BE PLACED
IN A CONVENIENT LOCATION FOR EASY PICKUP, (5) THE
ROOF OF THE EXISTING MULTI -STORY BUILDING OWNED BY
THE APPLICANT AND BUILT UPON THE PROPERTY ABOVE DE-
SCRINf:D WILL BE LEFT CLEAR TO PERMIT POSSIBLE LANDING
OF HELICOPTERS ON THE ROOF AREA, (6) THE APPLICANT
SHALL PERMIT THE CITY OF MIAMI TO PLACE AN ANTENNA ON
THE Bl'ILDIN( CONSTRUCTED ON THE ABOVE DESCRIBED PROPERTY
(7) 'I'liE "SE'l' BACK" SHALL COMPLY WITH THE PLANNING
DEPARTMENT"S REQUIREMENTS FOR "SET BACKS", (8) THE
APPLICANT SHALL NOT PERMIT LIVING ABOARD ANY VESSELS
WITHIN THE MARINA AND SHALL PROVIDE A CLAUSE IN EACH
AND EVERY CONTRACT OR LEASE WITH THE t1SERS OF ITS
DOCK FACILITIES THAT THERE WILL BE NO "LIVE ABOARDS"
PERMITTED AT SAID DOCK FACILITIES; AND (9) THERE SHALL
BE COMPLETE COMPLIANCE WITH CHAPTER 24 OF THE CODE OF
METROPOLITAN DADE COUNTY AND CHAPTER 403 OF THE FLORIDA
STATUTES; AND AUTHORIZING AND DIRECTING THE CITY MAN-
AGER CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE
APPLICANT TO PERMIT THE DREDGING OF BISCAYNE BAY IN
ACCORDANCE WITH THE PROVISIONS AND CONDITIONS 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 Reboso , the resolution was
passed and adopted by the following vote:
AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer
NOES: None.
ABSENT: Mayor Terre (ABSTAINING)
Mr. Lloyd: One more thing, Mr. Watson. We have the agreement executed and you
and I will change this afterwards and let's provide to get your corporate ::e-,a1
on it.
Mr. Henry Fickler: My name is Henry Fickler. I'm engineer for both applicants
for the marina license. I would like to ask you to change the deferrment for
this afternoon. We believe that the owners of Brickell Place will be able to
repair the necessary unsatisfactory documents by that time.
Mr. Plummer: Fine, sir. If you will then reappear here sometime after 2 O'Clock
we'll be glad to hear your item.
Mr. Fickler; Thank you, sir.
1
JAN•I)19i;
5, ALLOCATE $5,000 FOR GOL'EN GLOVES. PRELIMINARY EXPEL SES
Mr. Plummer: If you'll notify the Mayor that we're going to take a 5 minute
break since our next item is scheduled for 9:30, we will take up any pocket
items. Mrs. Gordon, would you like to offer the motion that $5,000 of the
Golden Gloves seed money be immediately made available? Would you like to
offer that motion?
Mrs: Gordon:
.,. Yes.
Rev. Gibson: Second,
Mr, Plummer: Any discussion? Nearing none, Mr. Clerk, would you call the
roll please.
Mr. Southern: Mr. Plummer, I would like a little more clarification. 1 don't
have that.
Mr. Plummer: This was set aside in the budget $15,000 seed money for the
Golden Gloves being held here in March. Now the time has come that $5,000
of that money is needed for the preliminary starting of the event and that
the Manager said that he wanted a resolution or a motion by this Commission to
delegate a part of those funds.
Mr. Lloyd: Well we need a resolution so if you'll bass the motion we'll pre-
pare the resolution.
Mrs. Gordon: We moved it and it is for Coconut Grove Cares.
Mr. Plummer: To be paid to Coconut Grove Cares. Ca11 the rcll.
Thereupon a motion instructing the City Attorney to prepare the appro-
priate resolution was introduced by Mrs. Gordon, seconded by Rev. Gibson and
passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon,
Mr. Reboso and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre.
LOTS ?, 2 030 THRU 40
4, CHANGE ZONING CLASSIFICATION CHARLES M. HUNDY'S SUB AND
SMALL UNPLATTED TRACT
Mayor Ferre entered the meetiny at 9:30 A.M.
The Mayor announced that the City Commission was now ready to consider item
5a and asked if any objectors were present.
Mr. Plummer: Let me ask a question and maybe we can expedite it. Is there
anybody here on any portion of #5? Would you state your name for the record.
Mr. Van Rhodes: Yes, sir. My name is Van Rhodes. I represent Dade County's
Department of Housing and Urban Development, 1401 N.W. 7 Street..
Mr. Plummer:' You stipulate everything in your application is true and correct?
Mr. Rhodes: Yes, sir.
Mr. Plummer: Mr. Mayor, hearing no objectors I will move to uphold the Planning
Department of approving item 5a.
Mrs. Gordon: I'll second. I just want to ask a question though and that is
when are you going to get started on developing?
Mr. Rhodes: The working drawings area to come into our office next week for
review which means a 30 day review period, a 30 day bid period.
Mrs. Gordon: So within the next 60 days... How many units are going to qo in
here?
M. Rhodes; That will be 100 elderly units on this particular item and the
next item will be 24 family units.
Mrs. Gordon: Oh great: That's what we really need, Is this planning for a
high rise or a garden?
l 1 A w l i t i rv"r
Mt. Rhodes: It's 5 stories for the elderly, duplexes for the families.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING nRDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF
LOTS 1, 2 & 30 THRU •l , CHARLES M. MUNDY'S SUB
(15-29), AND LOTS 1 THP.t 7, E.W.F. STIRRUP SUB
(1-12), AND SMALL UNPLATTED TRACT ON NORTH SIDE
OF PROPERTY, LOCATED AT S.E. CORNER SOUTH DIXIE
HIGHWAY & DOUGLAS ROAD, FROM R-2 (TWO FAMILY)
AND C-4 (GENERAL COMMERCIAL) TO R-3 (LOW DENSITY
MULTIPLE).
Was introduced by Commissioner Plummer and seconded by Commissioner
Gordon and passed on its first reading by title by the following vote:
AYES: Mrs. Gordon, Mr. Plummer and Mayor Ferry.
NOES: None.
ABSENT: Mr. Reboso
ABSTAINING: Rev. Gibson
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.
LOTS 1, 2 AND 30 THRU <<O
GRANT PETITION FOR P.ASD. CHARLES M. MUNDY'S SUB AND
InTC 1 THRU 7 E M,F, STIRRUP SUB (1-12)
The following resolution was introduced by Commissioner Plummer who
moved its adoption:
RESOLUTION NO.75-2
A RESOLUTION GRANTING A PETITION FOR A PLANNED AREA
DEVELOPMENT (PAD) ON LOTS 1, 2 & 30 THROUGH 40,
CHARLES M. MUNDY'S SUB (15-29), AND LOTS 1 THROUGH
7, E.W.F. STIRRUP SUB (1-12), AND SMALL UNPLATTED
TRACT NORTH SIDE OF PROPERTY, LOCATED AT S.E. CORNER
SOUTH DIXIE HIGHWAY AND DOUGLAS ROAD, FOR A HUD PROJ-
ECT FOR THE ELDERLY, AS PER ORDINANCE NO. 6871, ARTICLE
XXI-1, SUBJECT TO SITE PLAN APPROVAL BY THE PLANNING
DEPARTMENT, ZONED R-2 (TWO FAMILY) AND C-4 (GENERAL COM-
MERCIAL), PROPOSED TO BE REZONED R-3 (LOW DENSITY MULT-
IPLE).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gordon , the resolution was
passed and adopted by the following vote:
AYES; Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferro.
NOES: None.
ABSTAINING; Rev. Gibson.
JAN '91975
AI
HIGGS STREET BETWEtN PERCIVAL AVENUE 4D DAY AVE.
STREET CLOSURE TENTATIVE PLAT N916 "PERCIVAL GARDENS"
The following resolution was introduced by Commissioner Plummet, who
moved its adoption:
RESOLUUTION NO.75-3
A RESOLUTION OFFICIALLY VACATING AND CLOSING HIGGS
STREET, BETWEEN PERCIVAL AVENUI AND DAY AVENUE, IN
ACCORDANCE WITH TENTATIVE PLAT NO. 916, PERCIVAL
GARDENS.
(Here follows body of resolution, omitted here and
on file in the. Office of the City Clerk)
Upon being seconded by Commissioner- Gordon, , the resolution was
passed and adopted by the following vote:
AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
ABSTAINING: Rev. Gibson.
7. CHANGE ZONING CLASSIFICATION TENTATIVE PLAT N916
.1‘*. 0nnI"!A*}CF FMmITLFn- PERCIVAL GARDENS
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MIAMI, BY CHANGING THE ZONING CLAS-
SIFICATION OF A PORTION OF TENTATIVE PLAT #916-
"PERCIVAL GARDENS", LOCATED AT APPROXIMATELY
3240 S.W. 37TP AVENUE, FROM R-1 (ONE FAMILY)
AND C-2 (COMMUNITY COMMERCIAL) TO R-2 (TWO
FAMILY).
Was introduced by Commissioner Plummer and seconded by Commissioner
Gordon and passed on its first reading by title by the following vote:
AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre.
NOES: None.
ABSTAINING: Rev. Gibson
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.
TENTATIVE PLAT 11916
8. GRANT PETITION FOR P.A.D. - "PERCIVAL GARDENS'
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO.75-4
A RESOLUTION GRANTING A PETITION FOR A PLANNED AREA
DEVELOPMENT (PAD) ON TENTATIVE PLAT #916 - PERCIVAL
GARDENS, LOCATED AT APPROXIMATELY 3240 S.W. 37TH
AVENUE, FOR A HUD PROJECT FOR THE ELDERLY CONSIST-
ING OF 24 UNITS IN 12 STRUCTURES, AS PER ORDINANCE.
NO, 6871, ARTICLE XXI-1, SUBJECT TO SITE PLAN AP-
PROVAL BY THE PLANNING DEPARTMENT; ZONED R-2 (TWO
FAMILY), R=I (ONE FAMILY, AND C-2 (COMMUNITY
• - - A 4 elk r.
COMMERCIAL, PROPt?-Fi` TO ICE RP:)N1•:h R-.' (TW't` 1-'AM1LY).
(Here follow;; body of resolution, omitted :,ere and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gordon , the resolution wa_,
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None,
ABSTAINING: Rev. Gibson,
9. STREET CLOSURE N.W. 55 STREET APPROXIMATELY 140' W OF N.W," AVE.
TENTATIVE PLA1 018 - "EDISON PLAZA" - ,,-
Mr. Plummer: Are there any objectors on 7a, b or c? Hearing no objections, Mr.
Mayor, I move to uphold the Planning Board and Planning Staff.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO.75-5
A RESOLUTION OFFICIALLY VACATING AND CLOSING NORTH-
WEST 55TH STREET, APPROXIMATELY 140 FEET WEST OF
NORTHWEST SECOND AVENUE, IN ACCORDANCE WITH TENTA-
TIVE PLAT NO. 918, EDISON PLAZA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gordon , the resoLutiorl was
passed and adopted by the following vote:
AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferro.
NOES: None.
ABSTAINING: Rev. ,ibson
10, CHANGE ZONING CLASSIFICATION -
TENTATIVE PLT #918
"EDISON PLAZA"
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF
TENTATIVE PLAT #918 - "EDISON PLAZA", LOCATED
AT APPROXIMATELY 5500 N.W. 2ND AVENUE FROM R-2
(TWO FAMILY), C-4 (GENERAL COMMERCIAL) AND C-5
LIBERAL COMMERCIAL TO R-4 (MEDIUM DENSITY MULTIPLE).
JAN - 9 1975
Was int rodUtto'I by ('ormi ;Blotter 1'1ununVr and seconded by Commissioner
ner
Go: don and paused on i It; 1'irnt reading by title by the following vote:
AYES: Mrs. Gordon, Mr. (Plummer, Mr. Reboso and Mayor. 1 orre.
NOES; None.
ABSTAINING: Rev. Gibson.
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,
U
JAN
V1975
•
TENTATIVE PLAT 0918
II, GRANT APPLICATION FOR P.AaO, "EDISON PLAZA"
:he following resolution was introduced by Commissioner Plummer
moved its adoption:
RESOLUTION NO.75-6
A RESOLUTION GRANTING A PETITION FOR A PLANNED AREA
DEVELOPMENT (PAD) ON TENTATIVE PLAT #918 - "EDISON
PLAZA", LOCATED AT APPROXIMATELY 5500 N.W. 2ND AVENUE,
FOR A HUD PROJECT F0i-: THE ELDERLY, CONSISTING OF 80
UNITS, AS PER ORDINANZE NO. 6871, ARTICLE XXI-1, SUB-
JECT TO SITE PLAN APPROVAL BY THE PLANNING DEPARTMENT,
ZONED R-2 (TWO FAMILY), C-4 (GENERAL COMMERCIAL) AND
C-5 (LIBERAL COMMERCIAL) , PROPOSED TO BE REZONED R-4
(MEDIUM DENSITY MULTIPLE).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gordon , the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre.
NOES: None
ABSTAINING: Rev. Gibson
wh
.JAM 1975
Mr. Plummer: Mr. Mayor, let the record reflect that. Mr. Van Whole:; was here
and represented items 5, 6 & 7.
Rev. Gibson: Mr. Mayor, I want to make a comment for the benetit of out :;t;11.
You know it would have been so much easier when we were going ehrougla the zon-
inu process for the Grave recently had you coordinated with our staff and ui1
of this would have been brought into a package so that most, let me use a term
advisably, that both communities, I use that advisably, would have been eint.hess
ized. You put us in a bind and somebody might come in and feel like we1.1, we
want to open Pandora's I3ox. It would have been so much better to have i.';,,
this when we were •Iving the whol., Grove kind of a concept and uctt.le..d that issue.
Do you understand,'
Mr. Van Rhodes: Yes, sir. I agree with you.
Rev Gibson: I hope you will be alert and atune, my brother.
Mrs. Gordon: Mr. Acton, I have ,.a question to you. I heard Mr. Rhoden; :;.ay
about the high rise for the elderly but if we change this to R-3 how can that
be produced?
Mr. Acton: It is a medium rise 5-story building and the PAD does allow dev-
iations.
Mrs. Gordon: Oh, he's working under PAD. Ok, I'm sorry. All right.
JAN ''91975
•
t
LOTS 9, 10, 11, 12 = ORCHID DELL GARDENS
12 i CONDITIMAL USE 1570 N, 26TH AVENUE
JAN -919l5
Mr. Harold Green: Mr. Mayor and members of tt e Commission, I have been
down here so often on this I think I ought to apply for room and board. To
make it very simple, my name is Harold Green. I'm an attorney with t::e law
firm of Green, Lane & Emmet, Our address is 320 N.E. 18 Street in Miami.. t
have with me the applicant and some of their friends and some of the people
who are in the shopping center. As the Commission will recall we've been
here before and we were asked to go back and meet with the residents of the
area to see if we could work out some kind of compromise. Mr. Vidal had a
meeting with some of the residents. I had a.meeting immediately following
the last meeting with most of the other residents at the home of Mr. and M_
Woods who were very generous and gracious and allowed us to use their house
for the meeting and we sat and we talked for quite a time and then they had
a further meeting after that. Basically, we are unable to reach a real com-
promise on this.
Mayor Ferre: Let me interrupt you for a moment, Mr. Green. Ale the objectors
present here today? Would you raise your hands, those of you that are objectors.
Objectors to item 8. Now how many of you would like to be heard? 1.s there a
spokesman? Two, three. Three people want to be heard today. Is that it?
Thank you, sir. Sit down and as soon as they're finished we'll listen to you.
All right, Mr. Green.
Mr. Green: Let me very quickly try to refresh the Commission's memory on
this That is the location. We're talking about the parking lot entrance
to an existing shopping center which the Commission some time ago allowed us
to use as an ingress only for employees. Our request is that this be turned
into ingress for anyone and that is the basic request that we have before the
board. We have offered to do various things and some of the thins have already
been done. As an example, signs that we said that ae would arrange or ask
to be posted at both ends....
Mr. Plummer: Mr. Green, excuse me. Mr. Crouch, since there area no TV 3wu-r.:r.;
would you turn those light:.; out, please. Thank you. 1.'m sorry.
Mr. Green: We have complied, as you notice by contacting the stat.E and the:
county and they have placed signs at both ends of the street can �'6th Avenue
which is an 84 foot wide right-of-way. Now those signs say no trucks allowed.
Mayor Ferre: Would you also swing it so that the members of the public scree
that.
Mr. Green: Mr. Kincaidwho was one of the objectors acknowledged the tact that
these signs are there and he says these signs were installed in December but
he still says that the affect is nil because of trucks using it. That is not;
we can't do anything about that. That is strictly up to the Police :N.-Ta::tme et .
The signs are there "No Trucks Allowed". As soon as there is some effort mado
at enforcing these signs I'm sure the trucks will stop using that. thoroughfafe.
I.think it is important to note that 26th Avenue at that location is only 1118
feet long. It is 84 feet wide right-of-way. It is not paved to that width but
that's what it is. Now 27th Avenue which is the street which we front on which
is a main state highway, divided with a 5 foot divider in the middle is only gf%
feet wide. So what we're talking about is a street backing onto the shopping
center which is almost as wide as the main street in front of it even iiiough it
isn't paved to that width. And Mr. Kincaid in his letter acknowledges the fact
that this is an 84 foot right-of-way and suggests, and I think it is probably
a good solution that the possibility exists that the City could arrange to have
the dual roadway which has always been planned for that area paved and that
would eliminate a good deal of the problem of so-called traffic in the area.
Now that street is going to be used whether it is widened or not wic3ened becauso
it is becoming a rather difficult access way or a typical access way for this
kind of street since. .i 1 is behind a main street which is only cat, feet in width,
In comparison this one is N4 feet. In addition to the other things ihat we did
we came up with an alternate solution and now at they last meeting some people
said that this couldn't be done and it is done and you have it operating in the
City and this particular solution is operating right now at the labor union
office on Flagl-er Street. Do you want to turn it around and show that. This
is a one way ground gate. It is operated on a spring mechanism. It does not
have any mechanical components that would break down. What happens is when the
cars ride over it the right way the spring al. lows these bars to :lo down and
they just drive over it. If a car comes against it these dull bars are kept
up and there is no way for the car to push it down. Now some -+f the people
indicated that they were concerned about the safety factor- bu? that we have
checked into too. These particular things are dull at the end !Lit they
would be coming ftom if they came in the wrong direction. If ,,nyen, falls
on them they just flatten out because they are operated on a spring. Th y
will not injure people. What happens, the only time that they operate se as
to prevent the car froth coming through is when the Spring is ZRt pushed dawn
and when somebody approaches it across in a horizontal manner that those
things will work, Now the way this is operating in the City riclht now, who,
you've given another permit for it, they have signs on both si,]os .lncl he e
things allow the cars to go in but they can't come out without being
of having their tires punctured. That is what we intend to put in there .a
the alternate solution. Instead of the gate that we have had there all ale
which the pictures will show has been broken over and over ag.,in. Now the
question about the parking in the area; there is more than adequate pdrkinq-
We've shown that and as I've said the right-of-way en the road is 84 feet.
It is not paved 84 feet but it is still City right-of-way and it should be
allowable to use by all of the citizens of the community, by the public. We
don't want to take away the land that these people have been using all along
as basically their own and that, I think is the basic objection that they
have here, not to what we're doing but to the fact that they're concerned
that this roadway may be widened to the extent that is permitted by the City
right now and therefore they may be deprived of the use of parts of this road-
way as their own private area. And that, Mr. Kincaid's letter does comment
on, himself - Mr. Kincaid is one of the objectors and he did write d letter
to every member of the Commission, I beieve. I have a copy of it and I would
kindly send it to you. We're not trying to cause any problems to the people
in the area. That is the main thing. We're trying to do everything that we
can to allow them to live in peace without any problems. We will do what. we
can to help the police enfcrce the "No trucks signs" at each end of the street
We will do what we can to prevent cars from coming out into the sLre t through
this parking area. But we do ..eed very desperately this solution of allowing
cars to come' in through our back entrance so that they can go into the :hopp-
ing center without causing any problems. And that is basically it. NOw when
the new building or the hosuing unit for the elderly at the north end of. this
little street, you see it is only 1100 feet long comes into being thtt will
bring in more traffic into the area. There is no way you can pre ent it even
though most of those people won't have cars. They will be servic,c:ci
kinds of vehicles ,ind there will be visitors camint to the area and so fot th.
The sad thing about progress is the more people come into an area the more use
they make of publ'_: streets.
Mayor Ferre: All right, sir. Now the opponents.
Mr. James H. Utt, 3633 N.W. 9 Street: Members of the Commission, Mr. oreon
and Mr. Mayor, I'm here to represent the interests of Mr. Joe Kincaid and
other persons with this community and involved with this particular aspect:.
Mr. Lloyd: One moment here, just so as we are correct here with respect to
the Florida Bar provision, what you're doing actually, if you're not a lawyer,
you are actually speaking on behalf of a group of which you are a member. is
that correct sir?
Mr. Utt: No, sir. I am not a member. I am speaking for Mr. Kincaid who is
presently hospitalized. I'm his pastor.
Mr. Green: Mr. Mayor, we would waive objections, being ordained
Mayor Ferre: everybody is laughing about, the Florida law prohibits
a person to be represented by anybody but an attorney. You can represent
yourself if you're a part of a group but you cannot have a third party repro -
sent you. Now that, as far as I'm concerned is a lawyer's relief bill that
the legislature passed and I think is bad law but I've got nothing to do with
that. But what we will do here, indifference to you since you have a brother
clergyman up here
Mr. Green; We waive objection, Mr. Mayor, We think that the fact that he is
ordained to God is probably higher Lhan being in the Florida Law,
Mr, Utt; Mr, Mayor, in order.to keep things a expedient as possible 1 simply
want to make two requests to the Commission. (1) la Lhat they uphold tt,e
JAN 't197
previous actions of the Commission which were held September 23rd and of
May 1 which voted a recommended denial to the application by Grand, Auto
Centro, Inc. and also (2) that the documents which you have received from
Mr. Kincaid, letters which explain the objections of the residents involved
with this area be made a part of the public record. And also in response to
a couple of things Mr. Green said (.) I believe the signs on 26th avenue. say
"No Thru Trucks" which is understandable but the trucks that would use that
would probably hot be through but into the shopping center area. If my under-
standing, if the ordinance were passed. Presently the street is only 17 feet
wide which is substandard even to a one way street. This is a two way street.
There is also an understanding that there has also been an encroachment by the
individuals upon public access by planting of hedges and installation of steel
pipes. Also that as an amendment or as an addition to those documents which
the Commission has received, I would like to add that when the property wa
purchased in 1956 there were 9 lots, actually 22 lots with 9 families. Tc v
there are 8 lots with 8 single family homes, four lots for off-street parkine ,
10 lots with apartments or duplexes for 38 families. Subsequently a 22 lot
total with 46 families using that. That is an increase from 9 families to at.
least 49 families and in addition, inclusion of the 22 Musa Isle properties,
several of which are two family homes means that more than 68 families are
using for two way traffic substantially the same narrow 17 foot roadway which
was adequate for 1956 traffic but which is substandard in 1975 when minimum
standards for even a one way roadway now calls for a 20-24 feet in width.
Thank you.
Mayor Ferre: All right, the next objector.
Mr. William Wood, 1601 N.W. 26 Avenue: I live at 1601 N.W. 26 Avenue approx-
imately across the street from the opening in the wall that we're under con-
tention. I don't really know whether I should go back and repeat what's
been said here so many times. We did meet Mr. Green and also the owners of
the property attempting to compromise. The sum total was that we could not
agree on anything that would limit the traffic within the area so we have to
stand opposed to what has been presented and you have copies of letters by
Mr. Shelton, my brother-in-law who owns property in conjunction with me there
and Mrs. Kincaid who is unable to be with us at the present time. And it you'.,.,
read these you'll have understood I think our problems. I hate to belahot
the point. We were unable to reach any compromise that owuld adequately main-
tain the traffic flow on this street. Thank you.
Mayor Ferre: All right, next speaker.
Mr. John A. Blue: 1531 N.W. 26 Avenue. I've been living on the property 18
years. I don't know what these people want. They got everything they asked
for in the beginning and they didn't live up to their agreement. They got a
22 opening instead of a 10 and they were supposed to have a gate which one of
the tenants in the shopping center broke so they wouldn't have to use it and
they never replaced it. That's why they had gates on there. We fought to
have gates put up. Now I don't know why or what they all wan-. On 4800 block
Flagler, Publix is there for years and it is a big company. They have a walk
in on a residential street in the back of their property and 27th Avenue is
no busier than Flagler. So why don't they live up to what they agreed on at
the beginning? They've got a 22 foot driveway now. Why don't you make them
put in a 10 foot and put the gate up there. There won't be no trouble.
Mayor Ferre: AS I recall that was what was discussed here last: time. Wasn't
it, J.L.? What happened to that, Mr. Green?
Mr. Green; The gate is still ther, Mr. Mayor. In fact, you can see the pictures
of it down here and we have some more here. The lower right hand corner you can
see where that gate that was there was broken off. We still have the fence there.
What they're talking about is the fact that there is an opening in the wall 22
feet wide but the driveway that goes through with a fence on it is only 10 feet.
Now there is no way that you can build a wall right up to a 10 foot wide drive-
way opening without having cars coming around corners that move in and out that
area scrape their fenders on either side so that the driveway itself is 10 feet and
we will maintain it at 10 feet which is what we are entitled to do. But you can't
put the posts or the wall right up to the driveway without having a problem as
cars go in. Now the traffic control devices we're talking about down there
which is already in use and it has'been operating for quite some time right here
in the City is one that will go all the way across the driveway and will prevent
anybody from coming out. I think that is the compromise that we're suggesting.
JAN ")197S
It is essentially the same thing that we were given before with one difference.
Instead of putting that gate in we're going to put this thing in in the ground
so that people can only come in.
Mayor Ferre: Let me ask you something, Mr. Green because I saw that put in a
downtown parking lot and what happened is that somebody came in and ripped
all of those Little things out and it doesn't function now. Let me ask you.
You know there ate those, and they're not very expensive, those thins that
go up and down.
Mr. Green: That's what we had, the one over on the right and that: was broken
off. The cars drove right through it.
Mayor. Ferret Oh, that's waht you had and they just drove right through it
Mr. Green: This, we found from talking to these people that this is a much
longer lasting kind of device and it is much simpler to replace. You don't
have to have somebody who knows anything about the mechanical device of how
to raise and lower the arm to come out. Almost anybody is capable of, coming
out and replacing those things if they break off. And they're also far harder
to break off and it would really take a fellow coming out there with a hack
saw or something like that to rip them up and a car. driving... In other words
the gate, a car can just drive through it. But these things, it would take a
man actually to come upon the property with some kind of equipment to take them
out of the ground and that, I think is the solution that would protect them.
Mr. Reboso: Sir, did you see the one way traffic control that they're talking
about?
Mr. Wood: Yes. In fact, I had originally made Mr. Green acquainted with this
but we have several objections to this as a group. Some of ups would possibly
go along with this but Mr. Green said the only difference he is asking for is
to change the arm type that was broken to this was not quite true. When the
original agreement, if you will remember, was to allow access int o the lot for
employees only. This type and what he is asking for is to allow any and all
traffic to go into it so that there is quite a bit of difference.
Mayor Terre: Yes. Well let me ask you this. And I would ...vireo with that
philosophy that it be limited to employees, but how realistically... They
could be hypocritically about it and say we agree and then people drive in and
they park there and they say "Well, you know, how can we stop a person frow
coming in and parking?" So I'm jus'_ putting it out to you. Even if they adreze 1
to it how could you enforce it.
Mr. Wood: Well, it would be possibly difficult to enforce. We knew this when
the first variance was allowed by the Commission but they said at the time that
they really didn't need this parking access except to satisfy a mortgage agree-
ment to include this property into their nort.gage committment. They had to have:,
supposedly this access. They really didn't need they access except to legally
comply, I guess with who wwas ever lending the money on thr property. so this:
was in affect, I think the final argument that convinced the commission to oo
ahead that with this small opening that will just allow employees to use was
all they were asking for and so you finally went ahead with this. Now aetu.,il•?,
if it was to go the same way they could control this without too much cost. 1-
think another way you could put up a chain across this, there would be at open-
ing hours in the morning one man, a guard or somebody attached to the property
could come out and let the traffic in say for an hour and then in the evening....
That would be all that was needed because it was only to allow employees into
the parking lot. So in the evening there would be no need for anybody to come
back out there, just go out the normal way. So it wouldn't be a whole lot of
cost for somebody, one hour each morning when the shopping center opens to
allow the employees to come in that way. I believe it could be handled in that
manner. But they are wanting to extend this beyond, They want to open it to
everybody and in talking to them they would not give us any, naturally they
couldn't tell us how many people -what the traffic increase would be. As you've
noticed on the board it is in affect a dead end street, only one block long,
all residential. There is no need to create additional commercial traffic on
that street and that is what we're objecting to. Thank you.
Mr. Green: Mr, Mayor, just a brief rebuttal to what Mr. Wood has said. We
would like to point out again that what we have been given by the City now is
the right for ingress. That is correct and it was for employees only and that
is also correct. The only difference between what we have and what we're asking
JAM 4'1975
for is the removal of the limitation that it be ingress for employees only and
we can't control other people coming in that way. That is the big problem that
we're having. Mr. Woods is right. What we're saying is we can control it better
by putting this kind of device in there than we have been able to in the
past because what has been happening is that people have been driving out that
entrance and using it as an exit. And that in what we're trying t� avoid and
this is going to avoid that so it is going to get rid of half of the nroblem in
the area because we can't prevent them from doing it anyway. This way we will
prevent them from doing it. What we need to do, though is r.move that 1imit:ati.;.
There is no way we can control who comes in there and that is t`.e real problem.
Now there is plentyof right-of-way on the street, The fact it isn't being used
isn'e the applicant's problem. We have with us people who are, you know the
applicant doesn't'need this additional request. It isn't for himself. 1t Is
for the people who are operating businesses in that center and they're her. and
they need this much more than the applicant does because he has his leases
and they're his tenants and this is not anything extra in his pocket. This is
being done because all of these people, and I'm going to ask them to stand;
Wouldl you all stand, all of the tenants in the shopping center, please. Some
of these people have appeared before you people before and they need this be-
cause it is causing them great difficulty and that is what we're tlaking about
because this doesn't give anything extra for the applicant. It gives some-
thing for them. It makes it possible for them to have a decent flow coming
through there and that is the main problem that we have. We're not trying to
hurt anybody. We've already gone ahead and we've had the signs posted. It was
our request and that certainly has rot to be considered an improvement. Now one
of the objectors was here a couple of minutes ago, Mr. Blue. This is a picture
of his picture at the top. Now he is objecting to our commercial use yet he
is selling palm trees from his property and that's not even his property to
our knowledge. It is public right-of-way.
Mayor Ferret They look like nice palm trees.
Mr. Green: We probably need them in the city. I understand you've got some-
body chopping them down without even telling you aboutit at timer:;.
Mayor Ferre: Yes, I had a big fight with that fellow this morning.
Mr. Green: And th :t basically is the question. A11 we ask is that we he
given the right to put this other kind of device in there. We'll continue to
control it....
Mayor Ferre: All right, Mr. Green. Any questions from members of the Ccmuuis-
sion? Ma'am, if you want to speak I would be grateful if you would come up and
give your name and address and then we'll recognize you and then we're going to
move on.
Mrs. Edith Clark: I live at 2731 N.W. 16 Street. I'm here strictly as a resi-
dent of the area and a person who uses the shopping center. I do not live be-
hind the shopping center which is true but I do have to cross 27th Avenue to
get there. We have an accident, an average of one or two ,i month or maybe more
on the corner that I have to cross to get to that shopping center. Neiw its 1 can
drive into the shopping center and nut safely on 27th Avenue then this would be
very nice. I do not want to see these people loose their businesses over there
because I use the shopping center even though I have to cross 27th Avenue, I
walk across, I drive in and I drive out 27th Avenue. I would not like to see
them loose their shopping center because it has been very very helpful to all
of the residents of the area and if they do loose it we are going to have to go
back down to 37th Street and 37th Avenue to Central Shopping center to shop and
this is only speaking this from my heart to you as a resident in the area and I
do like to be able to shop there even though I have to cross 27th Avenues.
Mayor Ferre: Thank you, Mrs. Clark and I think this is something that we ,ri1
have to understand. That if you live in that street you might feel a little
bit different about it and you can't blame these people for being concerned
and trying to protect their homes from what they think is something that they
don't need. Now that doesn't mean; you see because there are two sides to
everything is all I'm trying to say.
Mrs. Clark; May I bring up something else then which I did not before but I
will now. I had to ask the City, and the City was very nice enough to put "No
Thru Trucks" on my street but I still have the trucks going through my street,
In fact the City is constantly repairing 16th Street between 27th Avenue and
JAN 91975
28th Avenue because of the Maule Industry pot holes, made by the trucks of
Maule Industries going back and forth
Mr. Plumtner: What trucks, what trucks did you say? Are those those yellow
trucks that carry concrete? I've heard of that outfit.
Mrs. Clark: Yes, sir. And they constantly go down our street.
Mayor. Ferre: Tell Inc what street they go down and I think that is srme'_hi::o
I can do something about.
Mrs. Clark: Now let me finish, Mr.'Mayor.
•
Mayor Ferre: I can help you. Do you want me to help you or don't you?
Mrs. Clark: No. I just want to finish and then you can say what you like.
I have called Maule Industries before reporting them and I have made numbers
of the trucks so that they would know who was goinq'down t:he street instead
of going to the traffic light at 17th Street and going like they should and
Maule Industries has constantly stopped it over that period of time. This I
will say. There are other businesses who have big trucks also who use that
street as a through street instead of going to 17th Street on 27th Avenue
and making the light. They use our 16th Street down to 27th Avenue to by-pass
the light. I have that all day long.
Mayor Ferre: I'm glad to hear that somebody at Maule Industries tried but you
may not have talked to the right person and I know the right person. If you
give me the address I'll talk to that person and see what can be done about it.
What street....
Mrs. Clark: Alright, the address is 2731 N.W. 16 Street is my home and the
City put up a "NO Thru Trucks" sign on our block.
Mayor Ferre: I understand. Now what you're talking about: is 16tir Street.
That is where the trucks qo.
Mrs. Clark: Right.
,Mayor Ferro: I'll see what I can do about Maule. I can't guarantee anybody
else.
Mrs. Clark: Well thank you but I mean I do have a problem and I realize that
these people do too. I realize that they do too have a problem.
Mayor Ferre: You sure know how to hurt a fellow. Ok, let's move on.
M1. Woods: Mr. Mayor, not as a rebuttal or anything but just to point out
again she says the "NO Trucks" signs that it hasn't been adequate in her area
and has not been adequate since it has been placed on our :;treat .and actually
if I understand the ordinance correctly the trucks wouldn't be in violation
because they wouldn't be going through, just come down and going into the park-
ing lot. So this in effect would not be in violation of the signs ported.
Mr. Plummer: Why couldn't they put a sign up that says "Trucks Prohibited"?
Don't they have such a sign? (INAUDIBLE)
Mayor Ferre: We're running late, let's move on. I think we've heard this
enough. These nice people from the neighborhood have been here on several
occasions. We've gone through this several times. I think all of the opinions
have been expressed. Now it is time to either fish or cut bait. So who wants
to fish? Anybody want to make a motion, ask a question? Express an opinion?
Everybody wants to go to heaven,
Mrs. Gordon: No, I want to express an opinion. The opening is wider than it
should have been, Mr. Green. Are you willing to make it smaller?
Mr. Green: We'll make it the 10 feet.
Mrs. Gordon: You will?
Mr. Green: Yes, absolutely,
Mrs. Gordon: Are you willing to put in that new device?
JAN P 9 1975
Mr. Greek' Yes ma'am, absolutely.
Mts. Gordon: That will only permit ingress and no egress.
Mr. Green: That's right.
Mayot Ferre: And the sign says "NO Trucks".
Mr. Green: AS fat as we're concerned you can put "No Trucks allowed on the
Street" That would include delivery trucks for these houses.
Mrs. Gordon: Mr. Green, you don't have any intention of it being a point for
delivery of materials to the shopping center?
Mr. Green: No, ma'am, in fact there is an alley that runs behind the buil ng
within the shopping center that is supposed to be the delivery alley and the
trucks that are delivering to the center are told to use it. Oust like any-
body else we can't control what some people do..
Mrs. Gordon: Through the neighborhood, so we've got to do something to help
you. We want to. We've got to find some way to patrolling what is taking
place which isn't good anyway. It is bad. I mean they're coming in, they're
coming out: At the present time you're being, as you see it, abtsed. The
opening is made smaller, if a device is installed which would not permit exits
I think you're in better shape and I think I could go along on that and I think
I could, and I would wish a sign placed that says "No Trucks Permitted on this
Street" at all. That means, you know, through trucks, no trucks. .... Make it
smaller. That way cars can't wiggle around it and come out. You know. I'd go
along on that and if my fellow Commissioners would go along on that I would go
in that direction.
Rev. Gibson: ... My fellow clergyman, you know we live, you and I live in a
day and we live always trying to do the best we can under the most difficult
circumstances. I share your concern. As a matter of fact I live with this
daily, this kind of problem. I think what you hear Mrs. Gordon saying is that wt
want to do the best we can with what we ha/e. If they're not permitted to gc: in,
I mean to come out at: least that is better than what we now have. If we reduce
the width of the entrance: that at least prohibits a flow of traffic that you do
not now have and at least that is, those two things would be positive. AS 1t is
now you have nothing but, you know. And I could see this Rose and I'm going to
go along with it simply because I want the people in business not to be choked
to death and I would want the people in the neighborhood not to have to die on tlic
vine.
Mrs. Gordon: We'd try for a year too.
Rev. Gibson: And I think if we do it we ought to do it with a limitation, a time.
I just don't believe ... scot free.
Mrs. Gordon: Well, we're goig to pu: a time on it, a review to make them live
up to it. Ok? Two years ought to give you ample time to get a good test on i.t..
ok, I'll move it that way.
Mayor Ferre: Ok. Does everybody understand what is happening? There is a
motion and a second by Father Gibson and it has all of these restrictions:
You've got to put up a ten foot opening only. Everything else must be closed.
The new device must be put in so that cars cannot go out, only in. Wait a
moment, let me finish. (3) You're going to put up signs, "NO TRUCKS".
Mr. Woods: Under the same limitations since it is going that way, we've been
asked to compromise, we're the only ones that have given. We've taken a resi-
dential street and now turned into a commercial thoroughfare. We feel that
this compromise should be on both sides, you know. But as a further limitation
to control at least the large trucks that they put up an overhead barrier across
this gate, they could put up an iron bar that would be of such height that the
large trucks would not be able to enter.
Mrs. Gordon: That's a very smart idea.
Mr, Green: We had already suggested it, Mr. Mayor.
Mrs. Gordon: That is a good idea and I'll include that.
JAN - 1975
Rev. Gibson: Gentlemen, let's make it a part of the stipulation.
Mr. Green: ltl foot high and wee' 1 1 put it across. We had already !Ingclost.ed
it. I forgot all about. it:.
Mrs. Gordon: We don't want to stop progress and we want the shopping :enter
to progress because the economy needs them and they need the bu:;ino:;:;.
Mayor Ferrel I think that restriction makes sense.
Mr. Green: I want to make sure that it is intended by this -hat the retri:t-
ion for employees is removed because that is the one thing we
Mrs. Gordon: I don't see how we can ask everybody if they work for the rt-,pping
there or not.
Mayor Ferre: Ladies and gentlemen, we have a motion and a second and there is
an amendment to it with a fourth provision that has been added about a heavy
gate up at the top so that the trucks can't drive through physically even though
they can get into the 10 foot opening. But a heavy pipe.
Mr. Plummer: Mr. Mayor, Mr. Manager, you know when I came here this morning
there was no way I was going to vote for this but I think a nice compromise has
been arrived at. I will say that and I'm so inclined to vote for it but I want
the assurance of you, Mr. Manager (1) that you will petition Dade County to
change the existing signs from "No Thru Trucks" to "Trucks Prohibited". Now
that is the signs, Mr. Manager that exist on the 15th Street end and on the
16th Street end. That is correct. I saw those signs Sunday. Th?y're there.
"No Thru Trucks" is what it reids. I would like you to petition .)ade County to
immediatly change it to "Trucks Prohibited" and second of all, Mr. Manager, I
want your assurance that you will use the City of Miami Police Department to
enforce it. Now with those two stipulations added to the conditional use I
then will vote in favor of this. I think the necessary safeguards are then
built in.
The following motion was introduced by Cc.nmissioner Gordon, who
moved its adoption:
MOTION NO. 75-7
A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE AN
AreROPRIATE RESOLUTION WITH AMENDMENTS AS STIPULATED
FOR ADOPTION LATER IN THE MEETING.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
NOTE: See Resolution 75-62 adopted later in the meeting.
Rev. Gibson: Mr. Green, how long before you're going to make shorter that
widening? How long is it going to take you to get it down to 10 toot. ?
Mr. Green: That gate will remain closed to any ingress or egress until we get
all of this done. WE intend to start almost immediatly to yet: thk' plans worked
out and get the stuff put in, But we will not use it
Mrs. Gordon: Mr. Green, just to mention as an aside and the neighbo hood real-
izes that "No Trucks Permitted" will also prohibit delivery trucks to your resi-
dences if you happen to have any. But you recognize that. I just wanted to point
it out because he pointed it out to me. Ok.
Mr, Green: Let me thank the Commission because first of all the Commission has
been studying this, what is really a miniscule problem and the overall concerns
JAN ee>' 91975
of the community for three separate meetings now. They have given at this
Meeting almost an hour of their time and regardless to the size of the problem
the fact that you've gotten so involved and so concerned about even this small
little thing in the City is an indication of the depth and the concern that you
have and the responsibility that you have and I wish to commend you. And I'm
saying this very sincerely. The vote is over and I don't have to say anything to
you and I think it is great., I appreciate it.
Mayor Ferre: Mr. Green, now when you talk like that you get a politician like
me all excited and I've got to give you an answer. I want to tell you something.
You served on Metropolitan bade County Commission and I'm not trying to ;.lake any
big distinction but you know President Eisenhower's brother, Milton Eisenhower
once headed a committee that made an in depth study on Metropolitan governments
in the United States and the ost important conclusion that he came out wit' was
that the best form of government: for the people in a city in the metropoli' n
community is a two tier form of government where you have a metropolitan area.
serving the needs of
mental body like the
of people even if it
problem and we spend
the Metro Commission
spend this amount of
Mr. Green:
the general community but where you always maintain a govern --
City of Miami that will pay attention and listen to the needs
is one homeowner and one little street who happens to have a
an hour and three meetings to do it. I don't want to criticize
but I dare say that not many times does the Metro Commission
time on this small an item.
No, I would say that you are quite correct, Mr. Mayor.
Mayor Ferre: This is an indication of why this two tier form of government
really is responsibe to people.
Mr. Green: A good deal of the fact is because of the people that are in the
government that make it work.
Mrs. Gordon: You are very kind. Thank you.
Mr. Plummer: Mr. Mayor, that provision should also include that that truck
being prohibited is not garbage trucks, utility trucks and emergency nature.
Mayor Ferre: Well, Of course.
VV g6 LI S SCHOOL - LOTS 12, 13, 10, 11
L.13, CONDITIONAL USE I AYN PARK TERRACE
Mr. Plummer: Mr. Ferencik, do you recommend this, sir? With one condition.
Mayor Ferre: Is the condition acceptable to the
Mr. Plummer: What is the condition? Go ahead & specify it.
Mr. Ferencik: Well, there is some, this parking lot is not lighted. It doesn't
meet the provisions of the lighting ordinance and the parking lot should either
be lit or should be secured so that it complies. And I think that should be
included in the conditional use.
Mr. Plummer: Give them 90 days. Is that enough time to light it?
Mr. Ferencik: They don't have to light it. They can either light it or secure
it.
Rev. Gibson; Mr. Mayor, the danger, now the school might want to light it but
1 look at the school like I look at the church. You know only occasionally, and
I think if they secure it it would be less expensive and yet do what we want
rather than demand that they light that area along with the fact that you're in
a residential area and people just don't want all of those lights glaring in
their faces all the time.
Mr. Plummer: Well, they have the option;
Rev, Gibson: Suppose we give it to them that they may do either. If they have
the money do it and if..,then give them the opportunity to secure it by putting..
Oid WI
SJAN'"9175
Mr. Plummer: I'll mo•ze to &Arove it subject to the conditions that they
either light or secure within 90 days..
Mr. Lloyd: Mr. Clerk, can you add that onto this resolution by interlinneat:ion
or do you want us to prepare a new one?
Mr. Southern: No, I can add that on, Mr. City Attorney.
Mr. Lloyd: That is subject to the conditions of Ordinance No. 8115. That is
the lighting ordinance that has the options in it.. That is all you have to
say, subject to compliance with the conditions of Ordinance No. 8115.
The following resolution: was introduced by Commissioner Plumper, who
moved its adoption:
RESOLUTION NO. 75-8
A RESOLUTION GRANTING CONTINUED USE FOR AN ADDITIONAL
PERIOD OF FIVE YEARS TO UTILIZE A PORTION OF ATHLETIC
FIELD FOR OFF-STREET PARKING FACILITIES AS ORIGINALLY
GRANTED UNDER RESOLUTION NO. 36719 AND AS AMENDED BY
RESOLUTION NOS. 39207 AND 41258 FOR EVERGLADES SCHOOL,
LOCATED ON LOTS 12 AND 13 AND THAT PART OF LOTS 10 AND
11, BLOCK "A", LYING NORTH AND WEST OF COCONUT GROVE
DRIVE, BISCAYNE PARK TERRACE (2-36) , AND LOT 20 SOUTH
OF BAYSHORE DRIVE AND LOT 11 (2-36), AND 25-FOOT STRIP
AND CANAL SOUTHEAST OF EMATHLA, LOCATED ON SOUTH BAY -
SHORE DRIVE AND EMATHLA, LOCATED IN AN R-1 (ONE -FAMILY)
DISTRICT, ALL IN CONJUNCTION WITH EXISTING AUDITORIUM
BUILDING. SUBJECT TO COMPLIANCE WITH PROVISIONS OF
ORDINANCE 8115 OR IN THE ALTERNATIVE, CLOSING SAID
PARKING LOT AFTER DARK.
(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 Roboso
Commissioner Rose Gordon
Commissioner (Rev ) Theodore Gibson
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferro NOES: None.
Mr. Plummer: Mr. Andrews, let me ask at this point lot me ask sir.
don't_ see mueli headway being made with the downtown h.i ric i n i t c' s .. _ .. .
Why not?
Mr. Andrews: We have approximyte.ly half of the total number in compliance and
on January 15th we're meeting with ALL Right Parking who will be presentig a
plan to us of lighting all of theirs which will pick up almost the balance of
all the lots that are not lit.
Mr. Plummer: Fine. By January 15th? Thank you sir.
J.AN ..91975
f
14. 1 YEAR EXTENSION OF VARIANCE
3199 GRAM) AVENUE
GROVE CIMA !NC,
JAN - 9 1975
Rev. <;;ibson: Mr. Mayor, let me ask about (10) .
it? That's where the address is.
That's the post of t it , isn't
Mr. Plummer: Well, there is no such jdlr.ess as 3199.
Rev. ribson: That is the post office and it was misleading when 1 saw the
name, I went looking... But Mr. Mayor, I know that's in need, they need that
there so I'll move it. Don't tell them 1 said that.
Mr. Lloyd: Cart we correct the address?
Mr. Dave Simpson: Actually, Father Gibson, that is the very northeast cornet.
of Mac Donald and Main. In other words: the post office does not utilize the
very corner of their structure.
Mr. Plummer: Well let me ask this. question, Dave. This is not for the host
office, this is for a Cinema, Inc. whore do they pick up 34 parking spaces too
begin with?
Mr. Simpson: In the 300 feet: of the structure.
Mr. Plummer: Where.
Mr. Simpson: They have an agreement with the post office because they will
be operating at a different period of time of the day than the post office and
they have agreements with several other parking lots in the area. This has been
approved by the Building Department.
Mr. Plummer: All right now. This says Cinema. 1s this a theater? What kind
of movie theater? What kind of movies? State your name And address for the
record.
Mr. Ri(-hard 1'indelman, 2700 Tigertail, Coconut Grove: They're classic type.
films. We show some l3ergm.:n films, Filini, 13ogarts
M:. Plummer: They're not objectionable to the community standards?
Mr. Findelman: No.
Mr. Plummer: A11 right, sir. We understand each other. I just don't want to
have 14,000 screaming Coconut Grove residents coming down here saying "Look what
you allowed." Do you know what I mean?
Mr. Findeiman: Yc's. We have been operating our theater on Virginia Street for
about a year now.
Mr. Plummer: Fine.
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 75-9
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF VARIANCl
GRANTED ON THE PROPERTY AT 3199 GRANT) AVENUE BY ^t)NING
BOARD RESOLUTION NO, ZS 113-74.
(Here follows body of resolution, omitted bare and
on file in the Office of the City Clerk)
Upon being seconded by Contnissioner Plummer, the resolution was
passed and adopted by the following vote:
AXES, Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J.L. Plummer, Jr,
Mayor Maurice A. Fevre NOES; None,
JAN -9 197
15. MONTNARTE RESTAURANT - REVIEW OF OPERAT 1 IINS AS SUPPER CLUB
JAN - 9 19/5
Mr. Fred Burns: Good morning, Mr.. Mayor. My name is Fred Darns ur:
Mario Perez of the Montmarte Restaurant. As you all N'L, 1 r :N•dll last time ti+•N
were before you it took two and a half hours to gc through all of the te'stir:iN
relating to the facts of this application. You miyht recall that. some Of Mr.
Perez's neighbors came in and testified that they were happy that the resta'..tran
was there, it gave them a sense of security, they didn't hear any obje:,:`_ionable
noise. We had an engineering expert who is with us again who test.if.ie.1 a: it
decible ratings and indicated the sound as not penetrating any of tho ne'
boring homes. We are prepared to go back into that testimony to the extent
the Commission requires but I just wanted to refresh your memory on t h.rt . Sub-
sequent to that hearing wherein you granted a 6-month trial leari,>d 1 would like
to report to you what has happened new since that point. and t.hon t:.'view the outer
issues to the extent that you feel is necessary. (1) Al ter great expense n:; • and
difficulty we have obtained a certificate of use and occupancy to operate as .t
supper club which was recently issued for one year which prier to .it: issuan,-e
they must have satisfied themselves that all requirements were met. The reason
I emphasize this is I'rn familiar with the agenda item before you where they in-
dicate that as of a certain date all of the requirements wore not met. So 1 do
refer back to this November 22, 1974 certificate of use and occupancy for Supper
Club. So that has been done and by that I mean we have landscaped as required.
We have built walls and we have recorded leases on each one of the harking lots
in question. So we have met those requirements. As you may remember we have
submitted for the file various petitions and letters from Gusman Hall and others,
some of the local consulates, secretary of state and what have you attesting to
the cultural advantages to the City to having this bi-lingual facility available
It helps promote tourism for the City. It helps hotel and other businesses by
having this night life available in the Community so all of the business doesn't
go to Miami Beach. Most recently on January 7th we once again went. out and .;ct:
a petition about neighbors who are supporting this application. Our ;;;Neat vocal
advocate is a 11r. Dave Phillips, a local attorney who I believe is more scnsiti.';e
to sound than the average bear and so we did go to his neighbor who ve>i y kindly
signed our petitions saying that he is not offended by the noise, he doesn't
hear. it. We have our engineering expert agaie saying he doesn't heat at. I've
been told he rents out one of his rooms and maybe his tenant objects whi,li it i
not supposed to be rented out in that location but anyway, I sorry that ;r.
Phillips has this problem but I must say to you in all candor bas:i.•ally wnon you
weigh the equities here we've spent the money, done everything required, we have
landscaped, we have built walls. There has been a policeman there. 1 am aware
of no adverse reports whatscever. Since our last hearing I spoke with Mr. Simms
and he has writen a letter -Mr. Simms of the Traffic Department. And I would
like to just quote from the last page of his letter because there was sumo concet
that these lots could lawfully used and what have you and the end of his letter
after rejecting certain traffic patterns concludes as follows:
"Our central section engineer, Mr. Manuel Debar reviewed with your Mr. A. M.
Carbonell an alternate pattern which is entirely legal, avoids residential areas
and adds about 6 seconds to the average trip time. We suggest you consider .motor
porating it in your valet parking operation. This route is shown in red on the
attached drawing."
This was dated July 10, 1974. We responded the next day indicating we would im-
plement his suggested traffic pattern which we've done. Mr. Perez, if you would
please hand up the list of the neighbors who have all signed and supported this
application. Mr. Mayor and Commissioners, while we might have additional facts;
to go into if the Commission would like to hear them or on rebuttal.....
Mayor Ferro; AS I understand these are the residents that have signed in your
favor. Is that what you're telling me?
Mir Burns; That is correct, Mr. Mayor . Those are residents living in our i m--
mediate area including some of Mr. Phillip's neighbors. Mr. Pere.'_ is familiar
with the individuals on the list if you have any questions you'd like him to
review concerning that.
Mayor Ferre; All right, anything else, Mr. Burns?
Mr. Burns: Not now, thank you, Mr. Mayor,
2Li
JAN " D 1975
Mayor Ferre: All right,
Ir. Phillips.
Mr, Burns: Excuse me, Mr. Emos Benjamin is the owner of one of the lots that
we use that we rent from and he would like to make just a few brief comments
for the record.
Mr. Benjamin: My name is Amos: Benjamin. I'm an attorney and I also own the
building at 1790 Coral. Way which i:s•a one story 6 office building at.' 'c who
we have leased the adjoining lot fo: Montmartre. I have been in that leatlei:,.:
20 years and since Montmartre has been there there has been no problem, there
has been no noise, there has been no mess. We've had problems before when Mr.
Quinn owned the corner building and had a night club there. They parked and we
Couldn't stop them. This has been a very nice operation. I personally know
they have planted a lot of shrubbery. I personally know that three trees ate
been taken down, a row of shrubbery up front has been taken down during th Might:
who takes them down I don't know. They got a status report here for some rec:m-
mendations about the cleaning and repainting the parking spaces stripes. 1 have
taken those off because the lot was just resurfaced about a year ago and the man
that resurfaced it said "don't do any striping until you put a blacktop ::ur.f.lce
to preserve it." There were some temporary stripes made the City wanted. I
have painted those out, I have resurfaced it. We are now in the position where
we have retained someone to restripe it so that- is going to be done. Bumper
stops and all of that, we have the bumper stops there. The money has been paid
to me personally and I have the money to put the bumper stops up with reserve
for the various offices in the building.. We need this lots for tenants we have.
We have 7 tenants, we're allowed to allot 2 parking spaces to each tenant. There
will be some for guests. Now as far as noise I don't live there naturally. I'm
only there during the day. I lhave been by at night. They c aim the jockeys who
park the cars make a lot of noise turning into the parking to-. The only distance
they can go is from Coral Way to the back of the lot which is probably 60 fret:
and I tried personally with my car to go a speed fast enough to turn in the lot
and squeak my tires and I can't do it. I was Mr. Phillips the other day when
they were taking pictures. I asked him please to take my car and see if he could
squeak his tires going into the lot because it just can't be done. You can't
get that speed up to do it and that seems to be the area. I also told :.r. Phillips
that, well he mentioned it voluntarily that he is disturbed because he has an
apartment in the back of his building and it disturbs his tenant. I pointed out
to him you're not al1:,wed to 'lave a tenant there. He said, "well, it isn't realle
a tenant -it is my mother-in-law". I just don't see how anybody can be disturbed.
This is a fine operation. I've been to the club. I'm not a Latin, 1 don't speak
Spanish. I've been to the club many tines. It is a beautiful operation and 1
think we ought to try to help them stay there. And I can assure you from my
viewpoint as the owner of the lot it will be conducted in a proper fashion.
Mr. Plummer: Mr. Benjamin, how have you been married, sir?
Mr. Benjamin: Well, now you're touching a tender spot. I was married fee 23
years and I'm now single.
Mr. Plummer: You don't consider a mother-in-law a tenant.'
Mr. Benjamin: Well no, that's true too. But this wasn't my idea but a :
I don't think the noise can be there. You can't squeak tires that quick. Now
Mr. Phillips pointed out to me if you go up to the Federal Building on Flaq]er
Street you squeak the tires going around slowly. That place is constructed
with cross bars to make the tires squeak to warn people going up and down. You
can't do it on this lot. The street is not that smooth.
**GAP**
Ms. Carol Pond: I would like to voice my strong oposition to the granting et
this application and I'm sure I voice the feelings of many of my neighbors toi
the following reasons: (1) The noise factor. When the hard working residents
are starting to go to bed about. 10 or 10:30 at night the real noise starts. The
musicians are out almost in our back yards tuning their instruments and practic-
ing in the rear of the club. Apparently there are two shows every night and
this really gets raucous. When the shows are over there is very often much
loud taling and arguing and even fighting in the parking lots and .in the side-
walks and on the streets. This really wakes up the neighbors who are trying to
get a good nights rest to do an honest days work. I remind you this is a resi-
dential area with many working people. So therefore, (2) the adverse affects on
one's rest and one's well being because of the very late hours the night club
keeps, (3) Is the intrusion of our privacy and quiet when there are many strangers
k
JAN 9 1975
from all areas assembl ino and rambling eround en tour streets ind i• our back
yards almost. (4) To add t e, all this noise the c:lob apparently has <:,, .me kind
of commercial garbage pickup which corms around about .1: 3e or 5:30 in the mot n -
ing emp! ie s their liquor bottles. This means fr.em 10:30 at night until
about 4:30 or 5:00 there is absoleite.ly n) quie>1:. 1f it is not the noise of the
people parking and talking or the night .:lub then it's the people ricking up the
bottles and the garbage. (5) Ts the much aided traffic which really changes a
supposedly quiet residential street into a commercial t.horomhfarce. ed this: is:
especially obvious about 3:00 A.M. when the show is over and then the c.rt ie'e•key'
this is: when they are going to skid and se. r.eech their- brakes ,and may 1 ::ay break
the speed limit. The cars, I watch them, I know they mast be going at least 50
or 55 miles screeching down, trying to get the cars back to the customers. Now,
my final reason is the depreciation of our property values and the te:tsketcy to
destroy the residential character of our neighborhood. I have really neve
heard of drinking and night club activities enhancing the desirability of •
neighborhood. We are all interested in saving our residential area as such a;ed
saving our quiet and our homes as private citizens. Per all of these reasons,
Mr. Mayor and members of the Commission, I strongly urge that you deny with prej-
udice the request for this application. Thank you.
Mayor Ferret All right, thank you very much. The next speaker. Your name and
address for they record
Mr. Sam Sarby, 1801 S.W. 21 Terrace: We have been here many times before and
the situation still exists, the same situation. Example, Christmas; day we had
a nice Christmas dinner at our house and no place for people to park. The street
was loaded with people that were going to the night club or to the restaurant. I
don't know exactly where they went but I did see them drive up, pull up in eats,
couples would get out and walk that way. Now this is intolerable. Now 1 have .t
company car and my own car which 1 park in the driveway and at a holiday like
this not to be able to have room for your company to park gets to be a little
old. Now the noise of the cars parking and the slamming of the doors is still
there because I don't know, maybe people don't want to pay the parki;u fees or
the doormen or whatever they are. They are still using the street in greater
quantities. Now, our house was robbed for the second time new in thteo yeare
approximately S:30 in the et1enine. It was the day before Thanksgiving. I don't
have the police report with me but we did report it to the police. There- are
all kinds of strange'. 1 ce:>1:1c around there, arguments, beer cane, rattling around.
Now this isreally intolerable. Mr Benjamin speaks about his property being no
bother to him. Well sure, he runs a law office and he's not there at :night:. He:.'
not there at 10 O'Clock trying to go to bed and these cars don't bother trim one
scrap. I don't know where he lives but he doesn't live around there. I don't
think he has a valid argument at all. That is the situation -it still exists,
the people are parking on the street, they do not give their cars to the parkin:.t
attendants because I don't know what they charge or if they charge or wheat and
this must be 6 or 8 times that ..e're donw here. We're getting a little tired of
it and you're probably getting tired of hearing the same thing but the situation
hasn't changed one scrap from the onset. I've lived there 15 years in that house
and I hope to retire sometime in the next four years and this is intol.>reblo. We
won't be able to live there. Thank you.
Mayor Ferro: All right, sir.
Mr. Sane Azrikan: Mr. Mayor and ladies and gentlemen of the Commission, my
name is SAm Azrikan and I live at 1830 S.W. 22 Terrace, just about less than
a block away from this club. Now I've been living there for 26 years. Had
I to do it again I never would buy that house there, that's if I knew the con-
dition of what it is today there. It is called New Shenandoah but it's not
no more New Shenandoah. It's "Old Shenandoah". And I want to tell you the
condition exists too. Now on the same side of the street where this club is
there are 5 restaurants and three of them have a liquor license and the condit-
ion is terrible, Now first of all, your honorable Mayor, you've put meters on
that street from 17th Avenue to 23rd Avenue. Now what good are they? They're
right in the center of the sidewalk. They're short sidewalks. You have to
part. When I take a walk with my wife I have to split in half because there is
no room for us to pass on account: of the meters. The meters are three feet
away from the curt). That is one condition and late at nighttime you could
park there without paying for it.
Mayor Ferre: Excuse me for... Mr. Manager, aro those motors placed there by
the Off -Street Packing Authority? I don't seam how... That seems incredible
that they would put a meter in the middle of a sidewalk,
JAN '"919►75
Mr. Azrikan: The sidewalks are very short and if you move that meter two and
a half to three feet away from the curb when : walk with my wife we have t_o split
in half to get through there. That is a bad condition.
Mayor Ferre: We ought to have somebody in our own administtat:ion
and report back to you and if that condition doesn't make sense I
to write a letter to the Off -Street Parking Authority.
Mr. Andrews: And it is more involved than that. I've been making
ions in the City where this occurs more frequently than we realize
ing to have to get together with Off -Street Parking and find
Mayor Ferre: But you see the problem is that we get the blame for it and they're
doing it and I think they're supposedly an agency of this City. They do n. have
absolute autonomy to do things that are not in the best interest of this cc lenity.
look at that
think we ought
some ',bsL rVat--
and we're go --
Mr. Azrikan: I noticed, your honor, you're beautifying Coral Way on one sie,
on both sides, putting more plants in but there is no parking facilities and
after 6 O'Clock you don't have to pay nothing in the meters. You can park any
place you want. That is why the streets .are all filled with 5 restaurants on
one side. Now, I noticed on the weekends is the worst time. On the week end I
can hear the noise and the same thing over there over and ove% again as it was
the last time I was here, your honor. Are you listening, you. honor? Now you
see you're on the telephone.
Mr. Plummer: That's why they have a Vice -Mayor and the Vice -Mayor is listening.
Mayor Ferre: I apologize. I'm talking to Senator Stone. I've been trying to
reach him for two days. Will you forgive me while I listen to 5enatc,r Stone?
Mr. Azrikan: I will talk to Mr.
I pay attention to you. Now Mr.
service, they've got to make the
across the street right opposite the club; they
southbound. To make a left turn on 18th Avenue
says "No Left Tarn". They make, the lei: turn.
an hour. They make the improper turns in order
parking lot and then when that is filled up they
any alley, any driveway they can go to get back again and get the all mighty
lar again. And they work back and forth. 'They run like the dickens and they
drive as fast as they could to make the dollar. I haven't seen a policeman thole
for months. They block'the intersections. You can't cress the street unless
you get in the middle of the street to cross. I like to take a walk about 9,
10 O'Clock. I'm about the only one on Coral Way that takes a walk. I don't
see a person there. I don't know why. The condition is terrible there. the
only thing 1 can say, your honor, is that the condition is the same as it was
the last time. On the weekend, that's when I can hear the music, I can hear
everything. They crowd the sidewalks, you can't go by and furthermore, there
are three restaurants on that one side of the street have a liquor license.
Isn't there an ordinance to separate that they can't get a liquor license close
by, one next door to another in the City of Miami? And talking about the hark-
ing lots, they have that big lot across the street, yes. I grant you that. They
fill that up right away. Then they want to get as close as they can so they run
back to the club ar.d get the next dollar whatever they get paid for the valet.
What else can I tell you? You think so, I've got one more question to ask you.
Mr. Mayor, don't connect to this. Can I bring it up here? Yee know about 10
years ago Robert King High, I received a letter from him stating we're going to
have sewers and get ready to connect them.
Plummer. I want: you to pay attention to me as
Plummer, that condition exists. Now tle varlet
all mighty dollar. Now the large larking lot
get the car, the cars are all
it is improper to turn left_ It.
I watched them for .t h.e I f ale hour,
to get across the street to the
use any lot, any parking place,
Mr. Plummer: Speak to Mr. Vince Grimm over there. That is who you wcr:t to
talk to, sir.
clol
Mr. Azrikan: A11 right, thank you very much. 1 want to say I'm retired now
from the police department of New York. I lived there for 26 years. You know
me, Mr, Mayor.
Mr. Dave Phillips: Mr. Mayor and Commissioners, I'm astounded that Amos Benj-
amin would talk about any conversation I had in which i said anything al»ntt a
tenant. I have never had a tenant in the 24 years that I have lived there. Now
you had given them a trial period and here is what has happened during thr trial
period. This all took place now back when March 28 of last year. Hole we are
9�1 months later. When we left here that day, that night opened up until 3:00 A.M.
I couldn't understand why that was being done when there was no compliance wit!,
JAN -91975
any of the requirements in Cie ordinenrc, or lei the resolution and yet I figured
well, the City is watching out for that. They talked about having a policeman
there. If they're hot allowed to be open the policeman wouldn't allow =hem to
stay open. Well, I finally two months Later addressed a letter to Mr. Andrews
and I said, "As an affected property owner living close to this Montmartre I :7rn
interested in knowing by what authority the Montm.ar.trr is permitted to sell liquor
until 3:00 A.M. Certainly it 1e not under the authority of resolution 74-21.5 for
that resolution required walls end sereoning materials separating the parking late
from the residential areas. There has been no compliance with that u, ..lui rement
and it would seem to me to be illegal to allow the montmartre to operate in they
face of this non-compliance. I suppose I should be able to understand it in as
Much as non-compliance and law violations have always been a part of the Montmartre
way of doing business. Some how or other the Montmartre seems to be irmund from
enforcement. After all of the assurances which Mr. Perez has given to the ("'ity
Commission over the last two years the traffic violations are flagrant. I till
continue to observe the making of U-turns at 17th avenue and coral Way by c
jockeys. 0n one Saturday night recently around 3:20 A.M., I observed 12 ccne;.c-
utive violations. ONe of the valets, however, was a sort of law abidi ig fellow.
He did not make a U-turn at the intersection of two main thoroughfares. He turned
left, went north on 17th Avenue about 50 feet and then made his U-turns. I find
now that is the way they are doing it as a routine matter. I em sure that the
police officer, if any, employed by the Montmartre did not see these violations
because it is difficult to see them from inside the Montmartre. If there be such
an officer he spends all of his time inside the place and could hardly he expected
to observe such violations." My reaction to this letter. - nothing, no response;
went right on. Then a month later, July 15th another letter to the City Manager.
"On July 17th I wrote you regarding the favored positiol which Mario Perez seems
to enjoy in the operation of the Montmartre. For your convenience I am enclosing
a copy of that letter. Since that date there has been little change in the situat-
ion and the violations still continue. The requirements as tc walls and screening
which are supposed to separate the parking lots from the r.esieential property has
not been met. The traffic violations by car packers continue: In addition, it has
now been discovered that one of the parking lots is more than 300 feet from the
Montmartre." 1 have not completed my investigation on that. And then it goes on,
Now, I received on July 22 this letter from Mr. Andrews in which he said he was
now replying to my letter of June 17 and he wants to thank me for bringing this
to his attention. He says there was no intention to permit this restaurant to
operate beyond the 1:00 A.M. all that time unless the improvements had been made.
Of course, they had not been. He said there was a misunderstanding in the depart-
ment, stepe have been taken to terminate the operation. Now thereafter there was
a mad scramble to put in some semblance of the things they had agreed at the outset
to put and that is 5 foce minimum planting area and a 5 foot high solid and decorative
wall. That's on all of the papers in this case. That was not done. Now, 1 beyan
to notice that th e is one of the off -site lots. Everytime I went by there a
rhain was up. They weren't using it. Why weren't they using it? Well, they
couldn't use it because the chain was up and what they do then is park on the
lot which is next to me, this is my house. This is Armor White's property.
This is Saturday night, it was loaded. And that is absolutely illegal, your
honor. As a ma:eer of fact, you said on March 28 that during this test period
these people can have no parking on private property. Those are your quotes at
page 45 of the transcript. You admonished them that. They parked all over the .
place...INAUDIBLE...Now what happens is they swing the cars in this driveway
and they come within 5 feet of my door right there. And I am astonished that
Amos Benjamin who lives in Bay Heights would tell me that there is no screech-
ing. It is an abomination that he would have the gall to say this thing. As a
matter of fact, you don't have to go 50 miles an hour to make these cars screech.
And of course I would also like to call attention to something that Commissioner
Gordon said on March 28 and that is that the problem comes in the parking and not
in the leaving. But you see, and I want to clarify this, if I may, Mrs. Gordon.
That was when there was one show. Now they have two shows, you see with the
3:00 O'Clock and so you have the coming and going all the time. But on the leav-
ing there is just as much noise because you have the starting up of a motor, the
slamming of doors and the zoom off as they quickly want to get bark to put the
car in front of the Montmartre where they will If they don't do it with all
possible speed then they al] pile up here in large crowds and they Rio not give
good tips. Now these cars, I'm saying about this parking lot here', are parked
all along the sidewalk, crossing the sidewalk in front of this place. Well, that
worried me and I figured they don't have a lease on this thing. But it wouldn't
do me any good to go over there and ask about it because if I go over here I
figure this climate isn't very favorable for me over here. I might end up through
the plate glass window as a fellow did on October 24 and the City Manager's file
is,, has extensive coverage of that incident called the Sallotongo case in which
all kinds of reports have been written about the one drunk who threw the other
2I
JAN 91975
drunk through the front window breaking the front glass. I finally went there
on Monday to Mr. Ferencik's Office and I wanted to know why for 91 months this
had not been used. Do you know what the answer was? It can't be used. Do you
know when that chain was taken down for the first time? It was taken down last
night. Last night was the first time, that people So inspite of
all your admonitions that these people should comply, they have been nutwardly,
totally, illegally because if you take this site away they're way sander the re-
quired parking requirements. Now .I don't think you want to put on iv the burden
of constantly watching this man who absolutely has no good faith about it. How
could he have good faith by .., this all the way along, one of his sites and yet
wasn't paying rent, Now I don't care if he says he put a lease on record. Sure,
you can put a lease on record but you ain't a tenant if you don't pay the rent.
Mayor Ferre: All right, Mr. Phillips. I think I'm beginning to see a lot .f
these things the way you've expressed them so let's hear from the administration
because that is where you were. And then I'll come back to you if you want
to say something else.
Mr. Phillips: I do have some technical points which 1 know will sound technical
but you see when I get down to the court....
Mayor Ferre: You may not have to get into them in the interest of time. Let's
see what the administration has to say. Let's get a report from the administrat-
ion.
Mr. Andrews: Mr. Mayor and members of the Commission, I've supplied you with a
memorandum which provides for two additional physical adjustments that .are needed
in order to complete all of the physical requirements.
Mayor Ferre: That's not the question, Mr. Andrews.
Mr. Andrews: I know it isn't. The second of the operation of this places a
responsibility, a burden upon the administration that becomes very difficult
to try to police continuously...
Mayor Ferre: Not continuously, let me see if I can be more specific. These
people, I think being very sincere and honest and just about this we really were
leaning over backwards to help these peolle. And nobody is going to say other-
wise. Now we gave them a lease on life for 6 months and we gave them very strong
admonitions that they had to really tow the line and really live up to these com-
mittments. My very simple question is have they.
Mr. Andrews: I would have to say at this stage that they havr not.
•
Mayor Ferre: They have not. Is this the feeling of the administration? They
have not lived up to their committment.
Mr. Andrews: The original committments that were laid down at that initial
meeting as to the requirements as of January 7th or two days prior to that
there were conditions that still had not
Mr. Plummer: Ok, now that gets to the point that I want to bring up. Mr. :Andle%,s,
how were they allowed to operate if they didn't meet the committments why were
they extended the priviledge of operating the three if you readily admit that
they didn't live up to the committments?
Mr. Andrews; Well you must understand that when we realized that they were
operating after they had left here and this was brought to your attention
with these letters and other matters, we stopped the operation. I don't have
the date before me on which that occured but they have not been operating
under these requirements since that date. Now they're here before you asking
your permission to
Mr. Ferencik: What Mr. Phillips says is absolutely true. Immediately upon
leaving here these operators came to our office and asked, and made application
fox a certificate of use. We told them at that point in time that we would not
give them a certificate of use to operate until such time as they had complied
with all the provisions that were set forth in a resolution that was passed by
the Commission. They went ahead; I never heard any more from them after that.
Mr. Burns and T had several conversations with reference to this so everything
is out in the clear and he said well if you don't let us start operating then
the 6 months, we're not getting a fair trial period, I said Mr. Burns, I think
JAN W 9 1975 5
my exact words to him = what you're doing is exactly what the opponents to
your club say that you promise anything in the world but you really don't do
it, you don't produce. Fix the clab and I'll take it upon myself to say to
you that when you get everything done like it is supposed to be done that
we'll start counting the 6-months from that date. I never heard from him
again and in all honesty ILA have to admit until Mr. Phillips sent this let-
ter and Mr. Andrews and I got together we didn't realize they were operating
until 3:00 O'Clock in the morning.
?Mayor Ferre: You mean to tell me that you told them they couldn't and they
went ahead and did it anyway.
Mr. Ferencik: That's right. And wiat makes it even more embarrassing because
this has to come out, see.
Mayor Ferre: I would say that it is embarrassing for us, for you and roe.
Mr. Ferencik: There was a police officer over there during this time making
reports out -no argument. So finally we stopped them again and at this point
in time they did then go and they did most of the improvements....
Mayor Ferre: When is this? What point of time?
Mr. Ferencik: Your honor, this has been in the past two or three months when
it became evident that it was going to come back up again for hearing. I can't
really pin a date on it.
Mayor Ferre: In other words they went four months without doing anything and
then the last two months they've done something.
Mr. Ferencik: Yes. Now they've got, the club is in this kind of a state ....
the operation is this kind of a state at the moment - the three parkin(' lots,
Mr. Phillips is right. They didn't pay the rent on one of the lots and the guy
locked them out of it. They have the recorded lease on the lot. Of course, we
really didn't know that that they were locking them out of that lot. so what
is an acceptable lot probably the most acceptable of the three lots that are
involved. The lot that belongs to Mr. Benjamin, in order to bring it to full
compliance requires some additional work on it. There is an aryument as to
whether or not the fence that they put in the back of the lot meets the condi t-
ions of the resolution. Factually, if you're going to be specific about it it
doesn't:. They claim that somebody that lives in the building either tho owner
or the tenant preferred this fence which provided some venti1lat:ion to thco fence
that was required in the resolution and it really didn't make much dif'erence
technically because this was a trial period. Now at this point in t.im_ you're
going to say to them "Ok, you can operate again", and you know this is your
prerogative to tell them what the conditions are. If you believe that fence
:should be a solid fence then it could be changed into a solid masonry fence. We
did administratively say to them, ok, the five foot of landscaping in this one
case we'll let you put a hedge in in lieu of the sod and we cut it down to :11
feet. Now the reason that we did that was because the lot became rather unwork-
able in terms of space if you didn't do this. That doesn't have anything to do
really with the objections.
Mayor Ferre: All right, Mr. Ferencik, before we get lost in too many details
of whether the fence is up or the hedge or what have you let's get to the real
heart of the thing and let's try to concentrate on that, Now Mr. Andrews, do
you want to say something?
Mr. Andrews: Yes. There is one more area that you should be aware of. I
don't have the specific date but it would have been May or June after they
were forced to close their doors for these hours they came back before the
Commission and with our recommendcation to you and you followed that and you
admonished them once again at that time in May or June, if you remember this
in which we would not allow them to open or the Commission would not allow
them to open until they met all of these conditions. And they left here with
the understanding that they had to go back and meet .all of these requirements
in May or June once again, the second time,
Mr. Ferencik: Your honor, may I say one more thing?
Mayor Ferre; Mr. Ferencik, if it is pertinent to this yes. If it isn't no
and Till recognize you later on if you want to get into this,
JAN • 9 1975
Mr. Ferencikt Let me say with reference to this report, they indicate that
we issued a certificate of use on this building, on this operation and that
is true. We did this very recently because they had gotten into the most com=
pliances they had ever been in the history of this thing and I felt that it was
fair to give them at least froth that point until the date of this hearing so they
could at least during that period legally operate and see whether or not whether
they had all the landscaping in or the hedges or the fences. At least as far as
the noise and that aspect of the operation there could be at- least that much of
a legal trial period in the operation.
Mayor' Ferre: All right. Would you like to answer these or will you Mr. Burns?
Mr. Mario Perez: I will answer them. My name is Mario Perez, 1530 S.W. 11 Ter-
race. About what Mr. Ferencik said, I came to his office around four mont; : ago.
A few things were not finished and then he said post a bond for $2,500 so ;uu can
operate once you finish we'll inspect the place. They inspected the places more
than 20 times and finally they gave me a certificate of use. If they gave a
certificate of use it means that everything is finished. NO?
Mayor Ferre: Well, he just explained that.
Mr. Perez: So how come he gave a certificate of use if it is not rinished?
Mayor Ferre: He just explained why he gave it to you. He says that it wasn't...
You'd better talk to your lawyer.
Mr. Perez: Right after the hearing and the license was granted we started work-
ing on it. Walls have been built, landscape has been put. The other parking
lots have been paved, around $10,000 was spent on that. But our main concern
here is the neighbors. Right here there are at least 16 neighbors that have
signed on my side. I'm going to go over a few of them. Like take for instance
number 5.
Mayor Ferre: Mr. Perez, wait a minute. I will give you all the time you want
hut I just want to explain to you that I don't think you have 16 names and he
has 15 or 20 or 100 and I don't think that that really gets to the point as to
how many. You know I'm sure you have. That's not the point. I want to know
from you in your words, in your opinion you were given an extension an3 you were
given a lot of facilities to try to help you. Have you lived up to yo.ir words,
to your committment?
Mr. Perez: Yes.
Mayor Ferre: You honestly think that you have done everything you were request-
ed to do.
Mr. Perez: I finished everything.
Mayor Ferre: And you acted in good faith? You've acted in good faith, you
don't think that there is any problems in the operation.
Mr. Perez: Nothing. You got the reports from the police eve•yday that is
sent to the City Manager. Do you got the reports from the police?
Mayor Ferre: Why did you operate until 3:00 O'Clock when you had not complied
with the things that were requested? Who gave you permission to do that? See,
on the one side you're telling me that you complied. Now I'm going to box you
in because I wanted you to make that statement and you're going to contradict
yourself now when you answer why it was that you, after you left this meeting
went right ahead and operated until 3:00 O'Clock when you didn't have the authority
to do so.
Mr. Perez: No, I didn't go ahead and operate until 3:00 A.M. I worked....
Mayor Ferre: That's what Mr. Ferencik said.
Mr. Perez: He might say that but it wasn't like that. 1 wont to this down-
town office and they sold me the license and they said just go ahctad and oper-
ate. And I said don't I need a certificate and he says no, it has been approved,
And then I started operating and I started building the walls and later on I
was caught and they said no, you've got to have a certificate of use and that
was when I placed the walk. for $2,500 at your office and you said you can go
ahead and operate.
a
JAN ir 9 197
Mayor Ferret bon't shake yo r head now, Tell me eicactly. If you don't
agree with that t want you to clarify this:
Mr, Ferencik: No. We did not, we would rot have authorized you to operate
unless he had completed all that he was supposed to do and we had gotten up
to the point where we issued him the certificate of use and occupancy. I
believe we issued this sometime in November, this certificate of u,e.
Mayor Ferre: He was operating before then:
Mr. Ferencik: I understand he operated before that And we discussed
the possibility with Mr, Perez, I didn't do this particularly but some of the
staff did, of the possibility of his posting a bond guaranteeing that he would
cotnpletel some of these things and do some of the things that we felt had '
be done.
Mayor Ferre: Did he?
Mr. Ferencik: Did he post the bond? Yes, I believe he did post the bond. He
posted the bond see but then he finally never completed, never got the leases
recorded. He never got all of the stuff done and we never issued the certifi-
cate.
Mayor Ferre: Well, where is the bond now?
Mr. Ferencik: It is in the Finance Director's....
Mayor Ferre: I mean we still have the bond.
Mr. Ferencik: Oh yes.
Mayor Ferre: So he hasn't gotten his final permit.
Mr. Ferencik: We haven't given him his bond back and I don't know that he has
even made application to get it back yet but we haven't given him his bond back
yet.
Mr. Perez: Listen, about the leases being recorded, when I made my applicat-
ion for the license they didn't tell me anything that they had to be recorded.
So four months later they come out and they say "Mario, your leases have to be
recorded." And here they are, it has been recorded already.
Mayor Ferre: Do you want to add anything else, Mr. Burns?
Mr. Burns: Yes. Thank you, Mr. Mayor. In all fairness to try to put this
into perspective, there was some confusion...
Mayor Ferre: I wish you would.
Mr. Burns: After the authority was given as to what actually had to bo .iono.
Now the City administration has been extremely strict in connection with this
application and have really crossed every "t" and dotted every "i" and now I
know why. Apparently Mr. Phillips has been bringing to their attention and
keeping them fully awake....
Mayor Ferre: He has that right as a citizen. There is nothing wrong with
that.
Mr. Burns: No, I don't say that it is but I say that we've been through many
inspections and they're out there regularly and they have been deligent here
so the question to the administration of have they or haven't they, I can say
that from the receiving end of this they have been quite deligent. Now we
understood, or we thought that we had 6 months to operate there. And as you
know, Mr, Mayor, it takes a while to construct the walls, to put in the land-
scaping and what have you. WE thought we were required to go forth immediately
and do these things and that we could be operating. Mr. Perez got a license
where he was told that he could operate. He put up a bond. He thought he was
in good faith compliance with what the commissioners required, Now the fact of
the matter today is he has built all of the walls, he has placed all of the
landscaping. He has resurfaced the parking lots. So he is in compliance. Mr.
Ferencik, 1 think in 411, in trying to be objective as well has said substant-
ially we've complied, That doesn't relate now to the basic problem of whether
the noise factor is compatible with the neighborhood. 'AS far as the leases,'
JAN " 91975
that did come up again. When we made our application we handed : n signed
leases. At that time nobody lad advised Mr. Perez they must be tecorde'd.
They asked for that. The chief zoning inspector asked for that which re-
quired a new form to be executed in order that it be acknowledged under
oath so it could be recorded. One of the parking lot owners was out of
town. This took a little while to do. Mr. Eerencik and I. had a chat and
he wasn't aware at what point in time that it had been done. It has been
done. I can give you the exact recording pages but I don't think that is
germain. They are available here if you'd like to verify it. All three
leases have been recorded. Now the one lot that Mr.Phillips refers to is
a lot owned by Alfredo Duran and Juan Acosta. Alfredo said to me as late
as early this week that he hoped to be here personally if he could make space
in his agenda. He is a practicing lawyer. Apparently he couldn't be here.
But throughout these proceedings Mr. Durar and I have chatted from time to
time and he assured me that the lease was in good standing, that it was
properly executed, that it was valid. He signed the recorded document well
after we were beyond the granting. This recorded document by Acosta and
Duran....was sworn to in November so it is a little incredible to believe
that he was preventing us from using the lot for all of these months and then
he goes and signs a document that gets recorded and is a lien on his title if
he doesn't intend that we have the right and priviledge of use his lot. We
do. Mr. Perez has the key to the chain so that we can use the lot and we have
the lot available to us. WE have more than sufficient parking for they Mont-
martre Restaurant, more than self sufficient if it were self parking but
these lots are serviced by valet parking so as you're well aware with valet
parking you get three and four times the number of cars in the space. The
objection that there isn't adequate parking in the area might be a valid one
but we're not the source of that prcblem. We have gone to the expense and I
believe it is some $600 a month to rent these parking spaces. We have hired
valet parkers so that they can quietly take the car back and forth, so that
they can oput all of the cars on our lots so that we don't have to park in
private neighbors. We don't do that. Now somebody has testified that when
they moved there weren't a chain of bars and restaurants and all of that.
Well, I admit the character of that neighborhood is changing and that some-
body who bought their home 25 years ago in a quiet residential neighborhood
possibly did not anticipate that change in the character of the neighborhood.
But this is what happens and this, we didn't cause the change in the neighbor-
hood. It has occured and this is a reasonable use in connection with Coral
Way in light of the description of that even the opponents give you of several
bars and restaurants in a row. N0w Mr. Phillips would like to Dick the time
of the change as it most directly affects him. We're not able to :.nt roduce
direct testimoney but I understand he is negotiating for the sale of his home
to the Mr. White that he refers to for additional parking for his office build-
ing. So maybe he wouldn't like it today to occur but maybe tomorrow. The prob-
lem is the nightclub is there now. It is serving a community cultural and
proper business need. It is properly run and I don't think that it is incompat-
ible with the neighborhood and as the Commission is well aware, we're not dis-
cussing now whether the restaurant is going to be there or not be there. Mr.
Perez has the right to operate now until 1:00 A.M. in the evening. By grant-
ing these extra hours Mr. Perez' patrons are able to leave in a declining pat-
tern. If we were required to close at 1:00 O'Clock all the patrons at 1:00
O'Clock would get up and leave and you would have one large mob scene at one
time. By remaining open until 3:00 O'Clock people start getting tired and they
drift out one by one in a reasonable pattern so it does not cause the impact
on the neighborhood and I think the record speaks for itself.
Mayor Ferre: Mr. Burns, let's not go over, let's not, retread over things that
have been repeated at least a dozen times. I understand and I think we've ,ill
been through this before and .is far as I'm concerned, T think a clear pattern
of this emerges and if you want to acid something that hasn't boon said I would
be happy to listen. Otherwise, —
Mr.
Mr . Burns; It's been said but if t might, one sentence to emphasize the pol ice
report contraclictr, everything that these people say concerning the traffic, the
fighting, all these things. Really, I think that is an unfair comment. They
may object to the parking pattern and what have you...
Mayor Ferre: Look, let me tell you how I sae this thing. You make a state-
ment with your client and I accept it as an honest statement on your part be-
cause I think we should take people at full face value. All right. And I
accept that you believe that. Now these ladies and gentlemen that live in
the neighborhood they say the opposite and I believe them too because I don't
think they're going to come here and deliberately lie and say something that
JAN e' 91975
isn't so. But since it contradicts itself then my only alternative is to
listen to what th'? professional people in the administration say.
Mr. Burns: That's why I direct your attention to the police officer, the
employee of the City who is there and was instructed by the Commission to
report in writing violations. And I'm just calling to your attention....
Mayor Ferre: Has that been looked into?
Mr. Andrews: Yes, but you must recognize that the police officer isn't
stationed there on a full time basis making every observation...
Mayor Ferre: That isn't the question, Mr. Andrews. The question is he's
supposed to make a daily report. Have those reports been surveyed to see if
there are any violations?
Mr. Andrews: Yes, they were surveyed, the violations were minimum aceord).i
to those reports.
Mayor Ferre: If you're doing to add something now yes. If you're not....
Mr. .\mos Benjamin: The Riviera Restaurant across the street has a very
very limited parking area. I would wager from my observation that most of these
cars that are parking on the street rort.h of Coral way are from the Riviera
Restaurant. The Montmartre does not need those parking spaces because they
have the lots for them which amply supplies them. If an investigation is made
you will find that most of these complaints of parking in their lots blocking
the traffic- is from the Riviera and not from the Montmartre because Riviera
has very little place. I just want to correct Mr. Dave Phillips in one thing.
I don't live in Bay Heights, I live in the Grove.
Mayor Ferre: Look, I'm going to express to you my opinion now and then I hope
we can get on with voting on this. Do you want to add something?
Mr. Perez: Look at this list here. Number 15 is signed by the neighbor next
door to Mr. Phillips. How come he doesn't hear the noise, doesn't hear. any-
thing? When I approached him yesterday I asked him to sign. He said "Yes, I
want to soign it." My only complaint was Mr. Phillips. He had hushes tence so
high that they cou]dn't breath and they had to call the City so that they could
t -r;:u carp• of that.. So how is he worrying about the other neighbors if he isn't
worrying about the neighbors that he has next door to him?
Mayor Perm: A11 right, Mr. Phillips, since they've talked about you do you
want to respond to that?
Mr. Phillips: Yes. It will take some time, your honor.
Mayor Ferre: Oh please, don't take some time. CAn't you respond quickly
because really, we're behind now and we have to move along.
Mr. Phillips: You mean to all the points?
Mayor Ferre: No, he just mentioned your name and I thought out of courtesy to
you I thought you should answer that.
Mr. Phillip:.: Well, 1 will. I did not read that portion of the letter but now
I guess I should. You see, the balance of the letter on July 15th to Mr. Andrews
was: "On the other side of the law enforcement coin, however, where the com-
plaints are against the neighbors the enforcement is prompt and efficient. I
refer to the fact that a neighbor complained of my hedge being too high. An
inspector promptly came by to inform us that we were in violation. My wife
agreed promptly to have the hedge cut. Parenthetically I may say that the in-
spector did his job efficiently and in such a way as to bring credit upon the
City. " They came right out there as soon as the complaint came in. We did
it. What happens when I put these complaints in about all of this that affects
the whole neighborhood? It gets bogged down. Now I do have, if there is any
question about it. You see, there is a lawsuit and I have to get these points
in because very able counsel for the City raises points and files motion to dis-
miss and says well that wasn't brought up at the hearing. So you see, unless
you feel it would superfluous I must get the points in in order to protect my
record.
Mayor Force; Mr. Phillips, this is not a court of order. It is not a court of
JA N " 91975
law. We hope it is a court of order but I would be Most grateful if you
would make your points quickly. I don't want to deny you the right of making
your points but there are other citizens who are here on other matters and we
'really must get to them. So make your points quickly because I intend to
bring this to a vote in the next five or ten minutes.
Mt. Phillips: All right. They cannot plead bonified compliance when they
don't pay the rent. The man knows he has to pay rent if this is going to be
aualified. As a matter of fact, your honor said at the hearing on March 28,
I quote: "If the lease is gone the permission is gone." So they si. up there
with three recorded deeds. What good is that when for 94 months this has not
been used, not accessible to them? Now when I went down there Monday to see
Mr. Perencik it was locked up and they couldn't use it as they have been unable
to use all along and the word got to them and last night was the first time it
was open. He only got that key last night. I just don't think that that indi-
cates any snmblence of good faith. The idea of negotiating a sale with ar ur
white is total fabrication. My wife wants to leave on account of this but
like this house. I like this City and I want to stay there and I want to stay
there the rest of my life right in that location and I don't see why he should
be trying to run us off. Now the violations limited in the police report. Mind
you that is just a limited sphere of things. How could the policeman have been
very observant when one of the required lots is closed all the time? AS I say,
he is only talking about, I think, disturbances of the peace, things that happen
in a drinking place. So he is not talking about all that happens up here because
I never see a policeman up here. Now here is what happens with the traffic pat-
tern. It could never be corrected. They come down here. Now his car hops do
not make a U-turn here anymore. Here is what they do with that. They come down
here so as not to make a U-turn they swing big and just go through this parking
lot and use that for a turn. This becomes a highway, see to do down here and
get around to another place. So that, I'm sure is a violation. Now then the
idea of them reducing to two feet the buffer strip here,why is that? That is so
they can park cars diagonally here. Now that means then that they have a very
narrow place to enter here and when they make such a sharp turn to the left this
is what causes *INAUDIBLE* And of course it is not just on arrival but also on
departure.
Mayor Ferre: Mr. Phillips, I'm going to close off discussion in about three
minutes.
Mr. Phillips: The point legally should be there should be a new application.
There is no complying with the lighting requirements. A conditional use must
be in harmony with the zoning code and the record here shows that this is in
total disharmony. A non -conforming use cannot be enlarged cr expended and that
is what is happening here without benefit of a variance and then the primary site
includes five stools and actually there is only one involved and he is making
application on be.ialf of all these stores along here. So when you grant the
permit you let the hairdresser run a supper club until 3:00 A.M. too. Now why
did he do that? He did that so as to overcome the idea that there is absolutely
no on site parking because you see if there is no on site parking he doesn't have
a prayer under the supper club. So he wanted to say that there is some on site
parking back here. You would have to walk 250 feet to get to chat he calls on
site parking way back here violates the ordinances too because it borders
on lots 17 and is too narrow to meet the requirement that there be a minimum of
three feet from any building or structure and a minimum from any property line
and here it is more than 300 feet from the Montmartre to this lot over here. By
whatever means you may, as the bird flies Finally, I say that the variances
which were needed here have not been applied for and this is replete with vae-
iances and replete with the total violation. And I notice when they answer about
the rent on Duran's place they talk about now they have the key but haven't had
it all these 91/2 months. Thank you.
Mayor Ferre: Mr. Phillips, I want to apologize. I didn't mean to be short with
you but I want to tell you now that you've concluded that you're very erudite
and the thoroughness of your presentation almost compensates for the length of
it. Yes sir, very quickly.
Mr. Hector De Lara: My name is Hector De Lada, I'm an accountant and a senior
business analyst. Before I make my statement I would like to incidently say
something. I happen to be the father-in-law of Juan Acosta, a member of the
firm of Acosta Duran and I am a witness to the fact that these people have the
key. In fact, because I'm'investigating these people for financing. I.happen to
know that the contract is in force, that my son-in-law is in agreement to give
them all of the facilities necessary. Now, to the statement I wanted to make.
•
JAN ' 9197
Iim considering giving these people federal money because it is a business
worthy of giants. This is a type of business, a tourist attraction that made
Havana big. And this type of club and the buildiny can only compare to the
Tropicana We had in Havana and in same that these people are worthy of a grant
from the City, from the County, from the state and the Federal Government. I
mean it is one of the biggest contributions to Miami. Ten years ago Miami was
a passing place, People flew from here over to New York. Now Miami has become
an international city just because of these tourist attractions. 5o in making
my statement I attribute great importance and I speak also fcr the pnssibilit.y
of giving a grant to these people. Now the legal aspect of 6e details of the
leasing and so forth; my car, my family car as of was properly parked. I
handed my keys to an attendant. When I came back at no place in Miami would
they give better service in parking the car.
Mayor Ferre: All right, thank you sir for your statement. I ain now closing
off
Mr. Bursn: Mr. Mayor, if I might respond to a few legal points I'll keep it to
one minute.
Mayor Ferre' I'll tell you what, Mr. Burns, I really think we're just retreading
the same thing over and over and over again and we're not coming into new areas.
This statement was very nice from Mr. Acosta but he didn't shed any new light
on anything. I'll give you one minute and then we will close this off.
Mr. Burns: Ok, thank you.
Mrs. Gordon: Mr. Mayor, did Mr. Acosta state that there was no chain across
that lot right along?
Mr. De Lara: My name is not Acosta. Ny name is Hector De Lana. Acosta is my
son-in-law, married to my daughter. Right? Yes, for protection of others
they have to have a key. If it wasn't for that strangers would go in so the man
who does the parking for the cars is the man who has to hold the key. Now they
are protecting also the tenants in that building. Therefore, at a certain hour
of closing, at 5:00 perhaps, they put the chain on. Naturally, they have to.
Otherwise strangers would go in. So that is the reason why the chain is on but
they have a key and I happen to be a witness to that fact. 1 happen tc be a wit-
ness that the lease is in force and that they are willing to ao along with them
indefinitely.
Mrs. Gordon. What you're saying is they've had the key right ilonq and they've
been using to lot right along.
Mr. De Lara Yes And the reason is that. There is a chain, sure there is a
chain.
Mayor Ferre: All right, you've got one minute.
Mr. Burns: Thank you. The legally points that Phillips brought up were brought
up last time. WE did submit additional papers at the last public hearing to
Dave Simpson and all these points were raised at the lawsuit. I fired a motion
to dismiss on behalf of the Montmartre and the action has been dismissed. In
answer to the Mayor's question have we been moving forward in good faith, I would
like to point out to the Mayor that back in September, November and December or
four months we tried to get on the City agenda, that you have this matter properly
and finally determined. The City Manager's files will reflect that. We asked
Mr. Simpson to make the initial application for us. WE thought that was the proper
procedure so we promptly and properly tried to get back on so we would be here
when required. I would just like to say in closing that we would appreciate your
kind consideration to giving the Montmartre Restaurant the opportunity to continue
operating as a supper club under the supper club ordinance.
Mayor Ferre: All right, thank you very much, Mr. Burns. Now, I'm closing off
all public debate and discussion. Now this is a matter up before the Commission
in the Commission's hands. Now, I'll start off by expressing my opinion on this.
There is a real honest to goodness dilemma in this situation. Let me tell you
how I feel about it. There is no question that Miami to be a, the type of City
that we should be, a metropolitan city, we do need all types of entertainment,
good entertainment, honest entertainment, It is good for tourism. It is good
for business, I came back from Kansas City last month and in Kansas City they
have taken a whole section where the warehouses were and they have converted it
into a row of little night clubs and cafes and restaurants, Pat O'Brien's and
35
JAN "91975
What have you, Dixie Land and Hare Rock ih one and soft music in the other.
But you know, the key to it, Mr. Andrews, is that there are no people who
live around there. So they've gone about it appropriately. See, our problem
here in this Community is that perhaps we haven't been sufficiently conscious
of this need. Perhaps like Kansas City, and that was sponsored by the govern-
meat; the government in conjanction with the private sector working tl-e way
the goterent should be working help the private sector to do semethiiq where
the private se,to' is Making a profit and the service is being rendered and the
citizens aren't being harmed. Now we're living with a set of zoning laws that
are 35 or 40 years old. They're obsolete! They're just no good and (he reason
is that we have, and Coral Way is a typical point. Coral Way is a commercially
zoned street and one block away we have single residence homes and as these
commerces grow beyond Coral Way they need parking. The worst thing that indust-
rial America has to live with is the automobile. Unfortunately, but it is the
only way we can get around. So as we go to these different shops and these night
clubs and what have you, supper clubs, wi: end up havinc, to find parking. i id
that creates restrictions and in solving them it imposes an unfair burden o
people who live in homes in the neighborhood. Now it is not their fault. Mr.
Phillips and these people have lived there for 20, 30 years. On the other hand,
it is not their fault either because they are trying to prose_,r and grow in a
business and make ends meet and survive. They're even having problems surviv-
ing. Now, we have an obligation to protect both really, to try to see how the
commercial aspect can grow but not infringe upon the rights of the individuals
who live in their homes. Now in most cases we're able to do that. T, some
cases we're rot. Now, in this particular case nobody can say Maurice Ferro
didn't do everything within reason to see that you had every opportunity to make
this thing g'. And I'm sure the neighbors were very upset with the way I voted.
But I honestly felt that they deserved an opportunity to try to comply with the
law and with the regulations and to try to find a way to live within the restrict-
ions that have been placed on them. That's my opinion that they have not been
able to do so. And therefore then, I have to revert. This is my personal opin-
ion and I think that in this case the neighborhood and the citizens in that area
have a right o live in peace. Now, I don't know how many are involved. You have
16. I don't know whether there are 16 over here. It might be three, I don't
know. We can't decide these things on a popularity contest. See, because even
if it is three three have as much right to live in peace in their neighborhood as
16 or 20 or 10,000. And the point is that whenever we can work these differences
out then I think we have an obligation to work them out and if we can't then 7
think we have to make a judgement and we have to make a decision. Some will be
angry. I'm sorry. We can't always win. That is my opinion.
Mrs. Gordon: Some legal questions; Mr. Ferencik, you issued a C.O. Now long
ago?
Mr. Ferencik: November 22, the day the leases were recorded.
Mrs. Gordon: Ok. We by our previous action granted them 6 months trial period.
Mr. Ferencik: That was from March 28th, is the date that sticks in my mind.
Mrs. Gordon: Well, it would appear to me 6-months from the time of the C.O.
and that is a legal question, Mr. Lloyd.
Mr. Lloyd: Well, the problem yes, that is a legal question to this extent that
providing that they had not been operating before the C.O. The problem is
apparently they were operating without the C.O. before so the 6-month period
would begin from the date they began operation.
Mrs. Gordon: Ok then the C.O. has no bearing.
Mr. Lloyd: Yes. If they had not been operating I would be ready to say that
from the date of the C.O.
16. -2A DISTRICT -BRIEF DISCUSSION OF PROPOSED ORDINANCES AND REFERRAL BACK TO
HE PLANNING ADVISORY BOARD
rpyor Ferre: rail right. Ladies and gentlemen, I'm sure there, is some
of you that are here on the Central Grove District change of zoning and
on item 12 which is the C-2A District. Would you raise your hands, those of
you that are here on that. Now, I've just been informed that there is a legal
technicality and before we get into it I wantel to e1.aric!, it. we have not har
the 5 days. Is that true?
Mr. Lloyd; This is true.
Mayor Ferre; All right, Now under the 5 day rule we're not in compliance with
that should anybody want to call it. (2) These items have not gone back as they
86 JAN ' 9 1975
are supposed to the Planning and Zoning Board. Is that correct?
Mr. Lloyd: It would go to the Planning Advisory Board.
Mayor Ferre: Now it seems to me that it would be a slap in the face of the
Planning Board for us to have a Planning Board and for us to deliberate on
something that they haven't even seen,
Mts. Gordon: I believe it is absolutely necessary and not a matter of choice.
Mayor Ferret That's why I don't want these people to sit around waiting if
that is going to be the case.
Mrs. Gordon: I think it is on the agenda and I think this matter should he
referred to the Planning Board where it belongs,
Mayor Ferre: All righ then, if you will ex. -use us on this item 10 then tilt.
is a motion of item 12A to have the Planning Department....
Mrs. Gordon: It has to go to the Planning Board and we refer it to them f,ir
recommendations.
Mayor Ferre: There is a motion and a second then on item 12A and l3 and C.
.Any further discussion on that?
Thereupon a motion to refer agenda item 12 A, B and C to the Planni:tq
Advisory Board was introduced by Rev. Gibson, seconded by Mrs Gordon and
passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, 'ev.
Gibson, Mrs. Gordon and Mayor Ferre. NOES: None.
Mayor Ferre: I will repeat, we will not hear item 12A, B or C until aft&
theses items are presented before the Planning Board the way they legally st.iuld.
Back on item 11, the Montmartre Restaurant.
17, (OWTMARTE RESTAURANT - CONTINUATION OF DISCUSSION OF TEMPORARY
OPERATION AS SUPPER CLUB JAN - 91975
Mayor Ferre:
What is the will of this Commission? Everybody wants
heaven but nobody wants to die.
to go to
Mr. Reboso: Let me ask you, when did we pass resolution 74-215? March .:Fth
for a period of 6 months?
INAUDIBLE
Mayor Ferre: Six months was over in September. We're in January.
Mr. Andrews: But there in the interim you will recall that they appeared here
in May or June, I don't have the date before me when this matter came up once
again. The Commission discussed the compliance.
Mr. Reboso: Mr. Mayor, I for one feel exactly like you do unless we have the
full approval of the administration I'm not willing to renew again the temporary
operation.
Mayor Ferre: Does anyone else want to express their opinion or make a motion?
Mr. Plummer: I'll make a motion anytime anybody else doesn't want to make it.
Mr. Burns: Mr. Mayor, may I just make a statement? 1 appreciate it. I just
would recall that Mr. Ferencik had said that he had intended that there be 6-
months trial after we got into compliance. We got it on November 22nd. Pos-
sibly this would give the Commission time to let us operate the 6 months. I
know the Commission is aware that Mr. Perez..,,
Mayor Ferre: What are you asking us for now?
beyond November 22nd?
You're asking us for 6 months
Mr, Burns: Yes, sir. We didn't have unlimited funds so that we
all the money immediately. This i:.: a struggling business and we
as fast as money would permit an'i we've been in compliance since
could spend
built the walls
that .date. WE've
JAN - 91975
been in compliance since that date. We've paid all the rent on all the lots.
Let's give it a fair try. I would appreciate it. Thank you.
Mr. Reboso: I think for one it is a good solution to what Mr. Burns has presented.
Mayor Ferre: Well 6 months, you understand we're already two months into that
because I mean... You know you're talking about an additional four months,
You're talking about February, March, April and May this would coma up again.
Mr. Burns: That's correct.
Mayor Ferre: Well, I would accept that on the premise that next time around
there is not going to be any discussion. If the administration says there has
been one violation as far as this vote is concerned I don't even want to listen
to you.
Mr. Reboso: I agree perfectly, Mr. Mayor. It would be up to the administration
in my point of view also...
Rev. Gibson: Mr. Mayor, before we vote let's ask this gentleman if he intends
to carry out these stipulations.
Mayor Ferre: He says yes everytime we ask him. Ask him again. Come up here,
Mr. Perez.
Rev. Gibson: I want to ask him now because you know this burns me up. I don't
think we ought to be up here doing things, legislating and then you know, people
go out and say "Well, the hell with it." You know. Sir, you stand up here again.
Counsel, you too. I'm fed up with lawyers who represent clients and come up here
and tell us the same thing and pull that little tech, you know what I'm talking
about. Now I want to tell you this. If ;you expect me :n vote for you I want you
to be the watch dog on your client. I don't want you coming up here pleading
mercy and forgiveness and understanding. Do you understand?
Mr. Burns: I do.
Rev. Gibson: Ok! Now you tell us because these citizens have . right, I believe
to :redress. And we look bad man. Tell us. Mr. Ferencik, come here a minute.
Te'1 this man what he's got to do so that he'd better understand while he's
pleading the subject.
Mr. Ferencik: The City Manager and I were just really discussin this and I
think really what we should do, not to weasle out of your request, but I think
what we should do s sit down, analyze that resolution you passed against the
actual things that we find out there in the field and sit down and we'll delineate
to him in writing, L, 2, 3, 4, exactly what you have to do. And really, that is
going to solve only really the parking problem. The police problem has to be
solved a different way.
Mayor Ferre: I'm going to tell you how I feel
just a little bit further but not much because
tunity to prove their case and as far as I can
lives are we going to give this cat? And just
not, I certainly won't go for another 6 months
or 60 days or 60 days or more and then let them
in absolute perfect compliance, if there is one
looking at it objectively I don't even want to hear
about it. Now I'm willing to go
I think they've had ample oppor-
see they've failed. Now how many
putting it just like it is I'm
You know I might go for 30 days
come back here and if they're not
complaint from the administration
them.
Mr. Reboso: Will you please, Mr. Ferencik check the fact that one of the parking
lots Mr. Phillips says is more than 300 feet from the club?
Mr. Ferencik: Commissioner, I don't dispute his word. I think it is probably
but that's really, I don't really believe the question. This was accepted as a
conditional use lot under the resolution as it was adopted. Now if the lot were
within 300 feet of the parent site we could accept that lot administratively
without any action on the part of the Commission.
Mayor Ferre: Well you know what they're doing don't your You know that they've
extended the lot. The lot sn't where the Montmartre is. it is all the way down
to the corner and from that corner along the alley is probably lee feet.
Mr. Ferencik: There is no alley back there that's at least you can qct access to.
JAN '91975
There's no alley. You've got to go around in the street to get to that lot.
But that lot, I would readily accept that that lot is more than 300 feet away
from that parent site. I'm sure it is. But it was accepted as one of the con-
ditionel use lots in the original resolution. There is nothing different about
that.
Mr. Reboso: I think the resolution called for that :specifically
Mr. Ferencik: Yes, sir. It specifically delinneated the addresses (f the lois
and that was one of the ones that was acceptable.
Mayor Ferret That's right. I'll tell you, as far as I'm concerned I'm either
going to vote against this thing right now, right here and now or we're going
for an extension I'm not going to give them any 6-month extension. I might
agree for the 60 days and if there's not absolute compliance in 60 days I ron't
eVen want to hear it anymore. We should vote against it..
Rev. Gibson: Mr. Mayor, I feel that the man has made the investment and money
isn't always the thing. I don't want any man to be precluded. Sir, I want you
to hear me today. It troubles me that you'and anybody else will cci'me up here and
ask us to make certain concessions and you know when you come you don't intend
to keep the law. This bothers me, I want to say this: I'm going to vote for
you this time but God be my secret judge, if you don't comply within 60 days -
I'm going to put a 60 day time limit on you- now if you canpt keep it tell me
now so I can just say well, we've had it. If you don't keep it in 60 days my
brother, you got it. Now if the man says he's going to lend you money, where
is that gentleman. You going to get him that money so he'll...
Mr. De Lara: He's seeking federal monies and also from the National endowment
for the Arts in Washington and New York that have given grants to _ to
operate out of Dade County and they question, naturally what is the Ci,:y doing?
What is the State of Florida doing?
Rev. Gibson: Wait a minute, I'm not asking you that. You going to make that
money available. Wait a minute. Mr. Mayor, you'd better talk in Spanish to
this man. Look, you know I want to make darned sure you understand what ''m
saying. I want to know if you're going to have that money in his h. 'ds that
within GO days Wait! Herzl is what I want a yes or a no answer. Are you
going to have that money so that within 60 days he could spend that money? Now
I don't want you to tell me that you know the red tape of agencies an'3 all of that.
I'm not interested in that.
Mayor Ferre: Father, if I may, Mr. De Lara is a very promineet accountant. He
is trying to help them get the money. He doesn't have the marry that he ir, going
to put out of his pocket. He just said that he is going, he's trying to help
them to because he thinks; I'm sure he's talking about the small business loan
agency might find funds for a minority business such as this. That is what he
is talking about but he has no guarantee of that. He is just talking, he is here
as a private citizen and he speaks perfect English and he can express himself.
Rev. Gibson: Well, you see I didn't want to be caught in that trap....
Mr. De Lara: God forbid if I lie. The money is not mine. The National Endowment
of the ARts which has granted'about 33 kinds of grants because they are contribut-
ing to the art is subject to approval. So everything that I say is conditional to
these people meeting requirements.
Mayor Ferre: Mr. De Lara, excuse me. We have to move on. We have all of these
people that have been waiting.
Rev, Gibson: You answer, You going to have the money to do this job in 60 days?
Mr. Perez: Yes. ....already done r just_
Mayor Ferre: He's got two other things to comply with. Look, just answer yes
or no. Is the answer yes?
Mr. Burns; Of course.
Mr. Perez: Yes,
Mr, Reboso; Can you comply within 60 days?
•
JAN '9197
Mr. Burns: We would hope it would be 60 days from when they would give us the
list.
Mayor Ferte: All fight, and 60 day.'., I want so you don't get all upset, in
60 days we're going to bring this ul for discussion here. If there is one com-
plaint froth the administration I won't even listen to you. This vote will be
against -on. All right? Ok.
Mr. Plummet: You have to take one other thing into considerat'on, Mr. Mayor.
They're not in compliance right now.
Mayor Ferre: Well they are or they aren't. Let's get this straight. Are
they in compliance?
Mr. Andrews: No, they are not in compliance.
Mayor Ferre: What is it they're not in compliance?
Mr. Andrews: There are certain conditions in the parking lot that need to be
adjusted to meet compliance from that standpoint.
Mayor Ferre: Well, make this conditional on their compliance immediately.
Mr. Perez: We'll fix it right away.
Mayor Ferre: Well, but you know you're going to do this right away but we've
been doing this for a year and you haven't done it.
Mr. Burns: Mr. Mayor, if they're talking about the 5 foot landscape setback
on one lot... Mr. Ferencik has talked with the Commission and with myself and
Mr. Perez that we would give heavier denser bushes because there isn't 5 feet to
give just grass and the bushes would give the aesthetics and additional sound
proofing.
Mayor Ferre: Mr. Ferencik, you'd brtter be listening to this now because they're
talking about you.
Mr. Burns: In reference to Reverend Gibson, I don't want to be saying some-
thing that we can't. If you rip up the parking lot you loose the parking spaces
Mayor Ferre: Mr. Ferencik, is that acceptable to you, the bushes instead of
the lawn?
Mr. Ferencik: I believe that is an acceptable solution.
Mayor Ferre: All right. What other compiliance problems do they have?
Mr. Ferencik: Now the other compliance problem has to do with, there is a port-
ion of a fence that they erected which the resolution, if you re going to strict-
ly interpret it says it has to be solid masonry. These people claimed that they
talked to the owner. I don't know that that's not true that they didn't talk to
the owner but we talked to the owner yesterday and the owner really doesn't have
any strong feelings one way or another. A tenant on her property, this is a dup-
lex, says that she really prefers this plywood fence which is staggered and offset
because it lets some air blow through. Now if we're going to te]1 them they've
got to put a masonry wall in there to that extent they're not in compliance and
the lot is not striped. Mr. Benjamin spoke to that point already and said he had
I believe the funds already in his hands that he was going to stipe and put the
bumpers in the lot. That has to be done.
Mr. Phillips: I checked that out. We're not here for variances. 1 look at the
back of that unpainted plywood. That is what he's got up there. I look at it
right out my front door. Now Mrs. Turner- did not give permission, she's the lady
right here, she did not give permission for any plywood fence at all. I talked
to her yesterday and I am here and I look at an unpainted plywoodPlease adhere
to the ordinance as they offered to do it in the first place
Rev. Gibson; Mr, Mayor, it: seems to me that we ought to give the administration
5 days to list the things that need to be made right and counting 5 days after
that, my brother your neck is on the chopping block. Counting after that 5 days
you've got 60 days to conform, comply with everything that is written on that
list.
4(1
JAN " 91975
Mayot Fetre: And we'll leave that to the administration's discretion.
Rev. Gibson: Right. You've got: fi'e days... Wait a minute, let's count
these days. Five working days. I learned that. That would be Friday, Monday,
Tuesday, Wednesday, Thursday you ought to have that list by Thursday when the
Work day is over. So Friday morning you start out with the list. Is that
right?
Mr. Perez: Right.
Rev. Gibson: All right. Sixty days after that, let's count these days too.
Mayor Ferre: No, let's not do it that way. Let's do it Father, by actually
setting the date on the Commission. And we're going to give *hem 60 days.
Let's actually set March 27th that this thing comes up for final determination.
Rev. Gibson: That's right. You know the date now. If you don't have yoti
money you'd better go get it.
Mr. Reboso: That includes the police reports
Mayor Ferre: That includes everything. And please, Mr. Andrews, please let's
have a complete thorough, objective and fair analysis. As a matter of fact, I
would like to have somebody on a periodic basis to check to see if that chain is
really up or not, check and see if there is any noise factors, get an objective
opinion on it so that we have, we don't have all of these conflicting stories.
Mr. Reboso: Ok, Mr. Mayor, I mc.ve that
Mr. Lloyd: Now what this would be, this will be a resolution extei:ding the
conditional use until March 27th, 1975.
.he pr,,c dine motion was introduced by Mr. Reboso, seconded by Re•,erend
Gibson and passed and adopted by the following vote -AYES: Mr. Reboso, Rev.
Gibson and Mayor Ferre. NOES: Mrs. Gordon and Mr. Plummer.
ON ROLL CALL:
Mrs. Gordon: ] ',.i or, ni' to have to vote no. And I'm going to tell you why
I'm voting no. The reason that I'm voting no is because the resolution that we
passed was for a 6-month trial from the date of passage of the resolution and
obviously there has been no attempt for nany months to comply until recently.
asked a legal question about the C.O. because I didn't know whether legally we
had to continue from that point for the 6 months. But obviously we don't so my
vote would have c., be no.
Mr. Plummer: I was opposed to it 911 months ago, I'm oppused to it now.
vote no.
Mr. Reboso: Answering Commissioner Gordon, I based my decision to move it
to March 27th because of the fact that we gave them a certificate of use on
November 22nd.
Mrs. Gordon: But they told me that has no bearing on it.
Mr. Reboso: It has legally, I think because we should never have issued a
certificate of use and we did it. I think it is a legal aspect.
Mrs. Gordon: This was a 6-month trial period
Mayor Ferre: This isn't a discussion now, Rose. You can make your state-
ment as to why you're voting and then vote. I'm very much tempted to vote against
this night club because I think it is really imposing on the neighborhood. On
the other hand even though you have not kept your word, in my opinion- you have
not kept your word. I know that you have had a series of problems that have pre-
vented you from keeping your word. But that's not what motivates me. The City
of Miami, Mr. Andrews, ] want you to hear this now, we're not here loaded for
bear. The administration, we've made a lot of mistakes. We've given them a per-
mit when we shouldn't have given them a permit, They've operated when they weren't
supposed to, Nobody has checked on it. We've got a policeman there wlio, there
is obviously confusion. You call now and you get some property owner that says
no. You know, and as far as I'm concerned this is all confused, And I think in
the interest of being absolutely and completely fair I think I'm going to vote
JAN " 91975
along with this to give these people the 60 days to get this. Now I want to
tell you something. I want to watn you, I don't think you're going to be able
to comply. 1 just don't think it is going to happen. So all we're doing is
imposing 60 more days on these people. But unless I get+ and I'm going to rely
hot on your opinion or on Mr. Phillips', if the administration says that they're
not in complete compliance and they're not satisfied that this problem is worked
out my vote is going to be no in 60 days At this time however, i will vote
fot a 60 day extension.
Mr. Plummer: Mr. Mayor, I want the record to be redunt:antly clear. Com-
pliance, Mr. Mayor is not the entire subject that we're discussing hre this
morning. They can comply by making the lots up to par, they :an comply with
the lighting, they can comply with the shrubbery. But. I must remind this Com-
mission that when we made the hearing before in which it was granted which I
voted opposed at that time it was not for compliance. It was whether or n'`
this was suitable in this neighborhood. Was it compatible with the neighb
hood and because of that reason we said let's give them a 6-month trial bas.
to see whether or not it is compatible... The point I'm trying to bring out
is that just being complied with the law was not the reason they were given a
6-month trial basis.
Mrs. Gordon: Well spoken, Mr. Plummer. And that is why I asked for a copy
of resolution 74-215 because the purpose of the 6 months was to see if the
neighborhood could live with the club with these hours and obviously.
Mr. Plummer: After they comply!
Mayor Ferre: But see, that's what the problem is. You see the problem is
this. These people don't even comply with what has been requested of them.
Then you know obviously they're not going to comply with keeping the noise
down and li►ing with this neighborhood because they're not the type of people
who keep their word. Now the point is this: You say that it doesn't work out
in the neighborhood but on the other hand I've got a piece of paper that i:.
signed by 16 neighbors including Mr. Phillips' immediate neighbor that says
that they do. Now who are you paying attention to?
Mr. Plummer: Mr. Mayor, I'm not arguing the point at. all. I'm just merely
stating that if they comply tomorrow I don't want them to rush back here and
say "Ok, we comply now give As an indefinite permit." It was a 6-month trial
basis to see whether or not this was compatible with the neighborhood. That
was the whole basis of the 6-month trial.
Mayor Ferre: All I'm saying J.L., is that the probability that I and I'm pretty
sure all of us are going to vote no on this thing in 60 days and I'm just
saying that right off hand. Unless I get a very clear understanding from the
administration that this thing is functioning kproperly and these people are
in complete compliance all we're doing is putting this thing off for 60 days.
I thihnk out of courtesy we owe them that much and that is all. Ok. We've
voted now so let's move on to the next item.
NOTE: See item 80, Resolution No. 75-64 later in this meeting.
JAN'997b
41/
18, PRESENTATIONS, PROCLAMATIONS a SPECIAL I
A. Presentation of plaque to Mike Serlick, Photo Editor, Department
of Publicity and Tourism on his retirement after 28 years of ser-
Vice with the City of Miami.
t. Presentation of certificate of appreciation to Alan Courtney, Radio
Station WIOD. for his continuous praise of the City of Miami's
Government.
C. Presentation of proclamation naming the Rhodes Brothers as "Goodwill
Ambassadors" for the City of Miami.
D. Presentation of proclamation to Mrs. Norma 'Lemberg, Regional Dirrr.tor
of the Division of Aging of the Florida Department of Health and
Rehabilitative Services, proclaming January 14, 1975 "Awareness Da'
for the Handicapped".
R. Presentation of proclamation to Mr. Alexander Greenwald, Post Com-
mander, proclaiming the week beginning February 6th as Jewish War
Veterans Week.
F. Presentation of proclamation to Mr. Tom Fite, Campaign Coordinator
for United Cerebral Palsy declaring January 11 and 12 as United
Cerebral Palsy Week.
G. Presentation of proclamation declaring Wednesday, January 15th as
Hialeah Park 50th Anniversary Day, to be accepted by Mr. Lynn Stone,
William C. Fisher and Mr. Lou Cunningham.
H. Motion of condolences in the death of Robert Morgan. 75-'.1
{J N • 1975
4
19. DELETE SECTION 2-ARTICLE XXIII-OFF STREET PARKING & LOADING
tMrrifilfi ir; (IPMANCr AR/1
•..r1). v iv► tJ
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO.6871
THE COMPREHENSIVE ZONING ORDINANCEFOR
THE CITY OF MIAMI, BY DELETING SECTION
2 (2) OF ARTICLE XXIII, OFF-STREET PARKING
AND LOADING AND BY SUBSTITUTING THEREFOR
A NEW SECTION 2 (2) PROVIDING FOR THE DIMEN-
ENSIONS OF OFF-STREET PARKING SPACES;
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEROF TN CONFLICT INSOFAR AS THEY
ARE IN CONFLICT; ANI) CONTAINING A SEVFRABILITY
PROVISION
Passed on its first reading by title at the meeting of
December 2, 1974was taken up for its second and final reading
by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner
Gibson , the Ordinance was thereupon given its second and
final reading by title and passed and adopted by the following
vote:
AYES: Commissioner Manolo Rehoso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8343.
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.
JAN - 9 1975
FROM UNANTICIPATED REVENUES
20. APPROPRIATE $15,500,00
1975 INTERNATIONAL FOLK FESTIVAL
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE 83]6, THE
APPROPRIATION ORDINANCE FOR THE CITY OF
MIAMI FOR THE FISCAL YEAR 1974-1975, BY
APPROPRIATING $15,500.00 FROM UNANTICIPATED
REVENUES AND ADDING THAT TO THE PUBLICITY
FUND FOR THE 1975 INTERNATIONAL FOLK FESTIVAL
AND INTERNATIONAL BALL; 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
December J, 1974 was taken up for its second and final.
reading by title and adoption.
On motion of Commissioner Gordon , seconded by Commissioner
Gibson , the Ordinance was thereupon given its second and
final reading by title and passed and adopted by the following
vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATE) ORDINANCE NO. 8344
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.
21. CHANGE FIRST MEETING III FEBRUARY 1975 TO FEBRUARY 12
JAN - 91975
The following motion was introduced by Commissioner Plummer
who moved its adoption:
A MOTION TO CHANGE THE DATE OF
THE FIRST CITY COMMISSION MEETING
FOR THE MONTH OF FEBRUARY 1975 TO
FEBRUARY 12, 1975
Upon being seconded by Commissioner Reboso, the motion
was passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
JAN P
I did so and usin
also information
carried out for t
before again unde
Control, I was ab
finds in a progra
Maybe to put it i
noise pollution t
We typically fine
mechanical time s
better and faster
didn't originally
One of these side
When you get in a
of people and the
we start to gener
objectionable and
well defined beca
graduate st
participatin
universities
s of
y hav
his t
east
ing s
ear,
ise p
with
41
PRESENTATION I3Y R, STANLEY E. DUNN
22, NOISE ABATEMENT PROGRAM JAN = 9 1975
Mr. Plummer: This is the item I
It is a real privilege today to
Atlantic University, Dr. Stanley
As soon as I make my initial wor
which Dr. Dunn has done from the
asked that he look over tte pres
at the present time for noise ab
He is an expert in this field an
information to impart to this Co
will have a motion to offer and
Commission, Dr. Stanley Dunn.
Dr. Dunn: First of all, I might
1 am here. I think it was 2 yea
Control attempting to carry cut
controlling noise pollution in t
incorporate the State Universiti
into its program and by providin
were able to provide
for the purpses of
in the areas of the
pollution control.
Under the auspice
appear here. The
time and I used t
the general south
Vero Beach extend
In june of this y
a look at the no
City and come up
and if lacking, what c
g the time during the months of May and ,tune and
that was gathered on a previous study th,'t was
he Greater Miami Chamber of Commerce, some months
r the auspices of the Department of Pollution
le to ascertain several things which one usually
m that was developed perhaps a few years ago.
nto perspective, I might stop here and talk about
hat you usually find in urban environments.
that with the invention and acquisition of all our
aving, labor saving devices, we do get the job done
, we do get some side effects that we probably
plan for and are not too pleased with.
effects is noise.
situation as urbanized as Miami with the accumulation
noise generated by all these machines goes up and
ate noise levels or sound pressures that become
the objectionability of the noise levels is fairly
use these noise levels start to interfere with normal
brought before this Commission.
have a professor from the Florida
E. Dunn.
ds, I will pass ou
initial June of 1
ent ordinances whi
atement ordinances
d I think he has s
mmission and at th
I would like to in
t to you, a report
974 when this city
ch this city uses
ome very fine
e conclusion, I
traduce to the
the
e pr
o co
Flor
outh
1 wa
ollu
some
ould
explain the provi
rs ago, the Depart
its charge from tli
he State of Florid
es within the Stat
g funds to the uni
udents and also fa
g with and advisin
with regard to th
12epar tment
ovided the
nsult with
ida area e
to this a
s requeste
tion contr
comments
be done.
of Pollution
funds for par
the various m
xtending from
rea and down t
d by your City
of program tha
as to perhaps
human activities.
Based on the very brief study and then r
was held, we did find that as one might
area of this type, you do have noise poi
traffic must be considered one of the pr
in the City and then of course, you can
sources diff erent in their nature. Fix
machinery, turbines, air conditioners, t
construction and then you have nuisance
parties and the like.
eviewing t
expect in
l.ution pro
ime source
look to of
ed noise s
hat sort o
types of n
sions under which
ment of Pollution
e legislature in
a, undertook to
e University system
versities, they
culty release time
g local municipalities
e subject of noise
Control, 1 do
t of my release
unicipalities in
somewhere around
e the keys.
Attorney to take
t exists for the
its effectiveness
he complaints that
any large urban
hlem:.. Certainly
s of noise pollution
her types of noise
ources such as
f thing. You have
oises such as
41
and looking at that and ref.ogniiing it is all there; we looked at
the existing ordinance structure and programs within the City to
examine as to whether it was capable of handling the job of
controlling and on inspection, it was my opinion that ordinances
and regulations and programs were not adequate primarily because
they did not speak specifically or quanitatively about the subject,
Too much was left to the judgment of a particular investigator.
Based on that, on the fact that there is noise pollution here, to
an undetermined degree and re,:ognize that we did not do a .hurough
study and recognizing that the ordinances and regulations were somewhat
antiquated, we recommended that if the City wanted to do something
about this, if the city wanted to proceed and develop a more eff?ctive
modern up to date noise pollution control program, and 1 stress the
word program, not just ordinance which would address the problems
that it has currently and plan for the future so that 10 years de•n
the pipe, you are not fighting the same problems that you have rii .t
now, then it would be necessary for the City to undertake a study to
develop an adequate program. In this very brief report which I guess
is now some 7 months old, I outlined some of the things that would
have to be covered in a program and it is on page 3 called program
requirements. These requirements would have to he fulfilled in any
study so that an adequate noise abatement program could be carried out.
Specifically, one has to identify the sources of noise and also
identify the degree to which they participate developing the total
noise pollution problem. At the bottom of page 3, you can see a list
of some of the major noise sources that you find in this City or
typically any large urban area. Transportation systems, internal
combustion engines, industrial, construction sites, household appliances
including air conditioners. You have to study them with regard to their
nature and level . Something equally as important i any City is not
only to look at the quantative data of a noise measurement survey
but also find out what the people in the community think and this
involves a community survey. Questionaire survey or whatever you
want to call it to find out what the people think is important
and what are the major.noise sources and ask them what they would
like to see done about it because I ?'link every community has its
own idiosyncrisies and is unique. You cannot simply take a noise
ordinance from one city and plop it down on another city and expect
it to work.
Finally, at the end of a study of this type, if you can determine
what needs to be done, of course then you have to determine how to
do it and this requires an analysis study of existing structure for
the city to determine whether that structure can handle the problem
of enforcing a new environmental program, what modifications have to
be made, what training has to becarried out for the existing personnel
on the staff and indeed whether you have to acquire any additional
staff and certainly whether you have to acquire additional equipment
to carry out the program. Based on this, you come back, your admin-
istration or any individual working with the administration, and then
come back to the City Commission with recommendations for noise control
program and this program includes an ordinance which is quantative in
nature, which spells out in performance limits what is allowable and
what is not allowable so that there is no question in anybodys mind,
so its not left up to the subjective judgment of an individual inspecting
officer so that the complainant and the person who is complained
against, both have a fair shake, one that protects both parties both
from noise pollution and also from harassment.
The rest of the program then in addition to the ordinance itself,
again, I stress the word quantative, you have to deal with how its
going to be carried out and then get down to the specifics and detail
the responsibilities within the city administration as to who is going
to handle what. When you are in this region, you are making decisions
and answering questions and unless these questions are accurately
answered with any program that you want to carry out, you won't be
efficient if you don't carry out this initial study to dileneate
responsibilities.,
' ) � 1975
� l�
Coming back with both those elements in the program, the ordinance
and the internal governmental structure to catty out, you then
can put together, a noise abatement program, a noise bollution
control program that will be effective and can, not oily take a look
and start to control existing noise problems but also start to work
for the future so that things don't get worse even though the
Municipality itself may start to grow. That in a nutshell is what
is required and that is what we recommend the city do if it wishes
to approach the problem of noise pollution control properly
it has to essentially study the subject and we feel the general rule
of thumb is that once you initiate a study of this type, it usually
takes about 12 months. It doesn't take 12 months for the study
necessarily, it may take 3,4,5,6 months depending on the degree to
which you approach it and the study meaning the study of the
existing noise conditions, the community survey and examination of
the existing city structure to see what has to he done there and
also possible training programs for the city staff but you can cc e
back with a report to the city commission in porabably 6 or 7 months
and of course then you have to have several public hearings and it
has to be debated and the public has to be considered because there
are always special interests that slip through the initial planning
session that have to be considered by after a year of study and
reviewing, both by the professional staff and by the city commission
the people of the city can then come up with a workable and effective
ordinance within that period of time.
I think when I first looked at this, 1 came up with a time period
of something like an estimated total of 30 weeks. I think its more
realistic based on the experience that I have had- ]2 months is a
better length of time.
I think there is one thing that will work to the city's favor.
Before I developed this little paper, this was in June and prior to
the FLorida Legislature passage of Florida Motor Vehicle Noise
Control Regulations so part of the job that the city might normally
have had to undertake, has already been done and it takes the form
of the Regulation 403 and also 3]6.293, motor vehicle noise which
essentially sets standards for both new motor vehicles sold in the
State of Florida and also operating vehicles operated on the roads
in the State of FLorida, so this second section, operating motor
vehicles which the city has to contendwith, has already been taken
care of. Research has been done by the state, regulations passed
by the state and it is essentially in force and oper. tion throughout
the state and for a municipality to enforce this reglation, then it
simply requires that its police officers be trained and certified
by the Florida Department of Highway Patrol. This is one area that
does not have to be studied, researched and developed.
WHat is now left, after the passage of this regulation is for the
City to consider the control of all other types of urban noise
sources excluding the aircraft of course but all other land based
urban noise sources.
I think I can stop at that point and I think that is where we are
at this report. Again, this report does not constitute a detailed
study that would be sufficient to develop a noise ordinance.
Hopefully it might give you an idea of what the city would have to do
if it decides to persue the subject and develop a comprehensive
noise pollution control program.
Mr. Plummer: Dr., for the edification of the rest of the CUmmission,
Will you briefly touch on the other cities within the state that
you have had a part in their noise abatement program.
Dr. Dunn: Again, under this pollution control department program,
we have had the opportunity to participate in other south florida
municipalities to develop a noise abatement program and they include
the City of Pompano Beach, Boca Raton, West Palm Beach and the tri-city
area of North Palm Beach, Lake Park and Palm Beach Gardens,
/N`"n 975
The city of Boca Raton did enact a noise ordinance some 2 years
ago from which considerable experience was gained from.
The other- municipalities are at various stages in the development
of the program.
Mir. Plummer: The good Doctor has already. during the running of
this program, has forwarded to us and through the legal department
and the pollee department; the mechanics of the automobile ordinances
which were passed by the state and was very helpful ihthat nature.
The other point that I wanted to make is that this Commission look
into the noise abatement program was before any of the problems
developed with H.U.D. in the central project areas for federal
financing so this did not come about as the result because it was
before that problem ever came to light that the program was
initiated by the city.
Mayor Ferre: I want to emphasize how very important this really is
and how important it will become. When the task force from Washington
comes back and reverse hopefully, this moratorium we have on federal
housing projects which severely affects the Miami area.
I think that this is a show of good faith on our part that we are
trying to do what we can in other noise areas other than the airport.
We are going beyond that in scope and that we have an interest in
addressing ourselves to noise pollution.
The fallowing motion was introduced by Commissioner Plummer
who moved its adoption:
MOTION NO. 75-12
A MOTION OF INTENT TO PROCEED WITH A
NOISE ABATEMENT PROGRAM FOR THE CITY
OF MIAMI ANI) AUTHORIZING AND DIRECTING
THE CITY MANAGER AND THE CITY ATTORNEY
TO NEGOTIATE AN AGREEMENT WITH DR.
STANLEY E. DUNN OF FLORIDA ATLANTIC
UNIVERSITY IN CONNECTION THEREWITH
Upon being seconded by Commissioner Gordon, the motion
was passed and a:.opted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
JA "n 1975
41 41
2 , PROPOSED NEW CITY HALL - PERSONAL APPEARANCE -MR. SOL MEVERSON
JAN " 91975
Mr. Meyerson: Sometime ago, I proposed to the City about a new
city hall but before I get into that, I wish to make a public
announcement that I was much pleased with the representation of
the City of Miami at the inaugaration where Father Gibson led
5000 Floridians in prayer at the inaugaration in Tallahassee and
I think he should be applauded for doing such a wonderful job
representing the City of Miami.
Mr. Mayor, some months ago, prior to the time we had a little
excitement, I offered to build a new Miami City Hall in an out of
the way district and lease it to the City of Miami and after the
lease expires, give the building and its property to the City of
Miami as a gift.
I now ask the City Commission to appoint a committee which I woulu
like to see include Mr. Grimm and Mr. Andrews and some Commissioners•
to look into the detailed program 1 have outlined and maybe come
back in 60 days or 90 days maximum to see what I have to offer.
if it seems feasible at that time, even though its out of the way,
to either accept it or deny it. Can I get that committee appointed
for this particular area?
Mayor Ferre: As you know, my personal opinion is that for us to
move out of here which is a beautiful location but not a very pretty
building. This is my personal opinion, that it has to be in the
core area for us to move out of this portion of town and for us tc
move to the north portion of town, it would have to be awfully
attractive. If you think it could be that attractive, I certainly
if the Manager and the rest of the Commission don't mind appointing
a committee but 1 will say at the outset, my reluctance -
Mr. Meyerson: I can understand your reluctance. I can understand
that you would like to be in the government center.
I can understand quite a few of the details that the Commission and
the City of Miami has had but I cannot see how the City could possibly
lose by looking into the details.
Mayor Ferre: I agree with that.
Mr. Meyerson: it will cost the City nothing and it will be the most
magnificent building and at least 3 to 400,000 people in the years to
come, will be seeing the City of Miami every day as they go past I-95
parkway.
Mayor Ferre: Why don't you do the same thing, 5) blocks down?
Mr. Meyerson: Well you are building a police station on 5th street.
Mayor Ferre: We'll give you the land. We will make the land available
to you. You build the building and lease it back to the City of Miami
for a 20 year period. Ray Goode is going to do exactly that-..
That is exactly what Ray Goode is trying to do.
Mr. Meyerson: Fine, if you give me the land and subordinate the land
and after long term lease, you can have it as a gift, but also at the
same time, have a committee look into the details. I will appoint my
committee to look into your details and ask for your direction and
you appoint your committee and 1 have a committee of one plus an
attorney and with your committee, let us turn it down or accept it,
one way or the other.
Mayor Ferre: l appoint a committee of Paul Andrews and John Lloyd
or their representat ives to look into this -
Mr. Meyerson: I would like to see 2 Commissioners as well Sir,
if its possible.
Mayor Ferre: J think at this time, SO1, we should get it at the
policy level. I think you shoul'J leave it strictly in the
administrative level, They are professionals, They know what they
are doing. We have complete confidence in them. We know they would
come back with a conscientous and objective report,
:atf
J/Ri
Now God knows, and I want to tell you, Paul Andrews, I know that
he would like very much to see this City move forward and ahead
and get a new government center moving.
Mr. Meyerson: I do not know if you recall the rendering I offeted
the City before.
Mayor Ferre: Yes, sure, it is a beautiful building. Nobody can
deny that. Let us leave it that way. Mr. Andrews, would votat
your convenience with perhaps Mr. Acton might get into -
Mr. Meyerson: Who will the committee be, will it include Mr.Grimm
because we should have an engineer.
Mr. Andret•'s: The Commission has charged the City Attorney and m• *elf
to look into this so We will decide -oho else needs to -
Mr. Meyerson: Okay,wonderfui.
Mayor Ferre: Actually, what it really should be is .a committee
to find a way for the City of Miami to move into a government center
or a new municipal building somewhere.
Mr. Andrews: I wish you would include that and include in that, a
review of his proposal in relation to that -
Mayor Ferre: In other words, we are not doing this just for
Mr. Meyerson's proposal but generally -
Mr. Meyerson: Mr. Mayor, if you have the land to offer, I will
put up the building and 1 will do exactly what I said.
The following motion was introduced by Commissioner Plummer
who moved its adoption:
MOTION NO. 75-13
A MOTION DESIGNATING THE CITY MANAGER
ANI) THE CITY ATTORNEY AS A COMMITTEE
TO STUDY THE POSSIBILITY OF THE CITY OF
MIAMI MOVING INTO THE GOVERNMENT CENTER
OR A NEW MUNICIPAL BUILDING IN A LOCATION
PRESENTLY UNDETERMINED AS WELL AS STUDYING
THE PROPOSAL OF Mr. SOL MEYERSON FOR A NEW
CITY HALL FOR THE CITY OF MIAMI INCLUDING
A PROPOSAL THAT THE CITY OF MIAMI MAKE
AVAILABLE LAND IN THE DOWNTOWN AREA FOR
A CITY HAIL TO BE BUILT BY MR. MEYERSON
AND LEASED TO THE CITY
Upon being seconded by Commissioner Reboso, the motion
was passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
i�`,.'1975
24. RAPID TRANSIT CORRIDOR ZONING - PERSONAL APNEARAN6 o
IA. BOB KUNST JAN 91975
Mayor Ferret Before you start Mr. Kunst, summarize because aht
you have initiated has already taken hold. We have a serious
responsibility in not letting land speculators come in and rip-off
this community once, sometime in February, the Kaiser Engineering
people hit Milestone #5 where they announce, in to 2nd week of
February, the proposed locations and out of the total 60 miles,
26 miles are within the City of Miami. The major stations will be
within the City of Miami and I think its very very important that
we freeze, put in a moratorium in the areas affected so that we
don't end up having to pay 3 or 4 times what that property is now
worth once this announcement comes out. The manager has written a
report and we really should get this in the city attornevs hands
for definite action.
Hopefully by the 23rd, but certainly by the 12th and 1 think it should
be a very thorough in-depth and complete matter and I think you ought
to call for a public hearing on the 12th right now so that we can
discuss it on the 23rd and take it up on the 12th and I mean to
finalize, hopefully you will have a document by the 12th and a
public hearing to finalize by the 23rd so it will put a freeze on
all the surrounding properties where the stations will be.
Mr. Kunst: In regard to the letter I submitted on Dec. 17th.
I made a recommendation that th moratorium include 2 blocks on
both sides of the total corridor area, not just at the station area.
I think the question of new development and the pressures for
redevelopment or no growth at all, or whatever the trip is, whatever
the situation is, that we must protect ourselves.
We may find that its not just around the station area but along the
entire corridor so we are not building literally another "L" situation
that exists up in New York with corresponding major buildings along
the corridor and that this he taken into consideration.
In terms of your proposal and the relationship of a moratorium.
I would like to, I am really excited that you have taken this step
and I would like to ask your consideration one thing more.
1 just had the experience of watching METRO 1 think do a very bad
job, I think on tuesday in relationship to Milestone #1.
Being on the citizens panel and having myself, put is over 200 working
hours, having made over 4 key reports that amount to about 30 pages
just myself, let alone all the other hundreds of other citizens and
the thousands of working hours that went into this.
We are talking about a billion, 3 hundred million dollar project.
Metro didn't even have the courtesy of discussing it.
Any element of that project. In fact, we were sitting in the audience
and after a half hour of proposing certain things like for example,
covering a third of Dade County like North Dade and we were sitting
there and all of a sudden, a reporter came to us and said, how do vow -
feel about what just happened? I said, what happened?
You know, you would think that the largest project in the history
of Dade County might at least deserve some sort of discussion.
Is there anything missing? Perhaps we can add a few things.
It's only going to affect all of us the rest of our lives.
To put so much faith in the engineers, when we have a history in this
community of building too little -too late and obsolete programs.
The reaction that took place was just really astounding.
It was a terrible rip-off on all the thousands of man hours that was
put into this type of program. I remeber the comment the last time 1
was here, you said well METROis going to do this.
I really want to emphasize now more than ever, to coin an old cliche,
that the City of Miami has got to take perhaps as much a burden as
what Metropolitan Government is doing in relationship to this, otherwise
we are going to be thoroughly ripped -off, I mean its one thing to ask
the federal government for federal funds- it's another to ask for
the government to sponsor an obsolete program.
1A' 1975
411 411
No one is questioning the fact that Milestone lit and we ate in a
timetable and all these other important matters ate getting federal.
dollars. But, there is no reason we have to build an obsolete system
a classic example is the Port of Miami. The port is a nice Lott but
what we are using today was designed for 1985 and yet we ate meeting
already the needs of what's happening today and yet the facts and
the figures and the responsibilities of really getting sold on using
mass --transit have not been performed by Metro. It has not been dealt
with in a responsible way. I think the results of that is that we
really have a lack of interest and a lack of imagination. ilow can
you have such a huge project going o1 and have so few people talking
about it? It must tell you somethin; about whats really happening.
1 would like to ask this Commission to take the lead and responsibility
of forming a Citizens Transportation COmmittee that can look at the
needs of the City of Miami. I would like to cite one example.
In Milestone #5, they are talking about specific routs right no..
The emphasis is on the central business district, dowatown Miami,
without looking at the fact that Brickell Avenue,,the Jorday Marsh -
Miami Herald complex, the Civic Center are equally as congested as
overcrowded and overbearing as what is happening in downtown Miami
and yet what Metro and Kaiser is looking at is the central business
district with that one square little area around Flagler Street.
I can only tell you if you have looked at Milestone 115, the inadequacy
that is there are just unbelievable and yet we are consistently wanting
to throw all of our dollars into these kind of programs and I think
that if the City of Miami could take the lead and responsibility-
I can tell you right here that the complex at Vizcaya. We have great
responsibility to it, it gets over a million people a year. They
haven't even talked about putting a station there.
If you want to look at the relationship of the Grove and how the Grove
will be serviced, you can see many more inadequacies.
Mayor Ferre: I think you are hitting on a very important point.
I want to make you an example, you yourself of why its important.
Somebody may come in here that has sandals or a beard or long hair
and people say oh, but 1 want to tell you Something.
Here is the case of a man who has brought out a very essential subject.
Now I am not saying to point .a finger at anybody. This is self-
criticism, to Paul ANdrews, to Maurice Ferre, to all of us who ::it
around here. 1 am not saving that we wouldn't have moved onifit
anyway but the fact is that you did bring it to our attention and
thanks to your persistence, I think we are going to be moving in
and stopping a problem that could destroy rapid transit if we don't
catch it in time . Look at whats happened in so-called Airport Area
14. It was going to cost 30 million dollars to buy that property
and now it is up to 150 million dollars. That land out there is right
next to land we own. You could buy it for 5 or 600 dollars an acre.
Now you can't touch it for $4,000 an acre.
You have done a service to this community.
Secondly, on transportation. 1. am happy to tell you and announce
that we passed a resolution which subsequently went to the Metro
Commission asking Metro to have Kaiser Engineers include Miami and
its transportation problems in their study. On January 2], that will
be brought up to that Commission for action and I wo,:ld appreciate
your support on that.
Once we do that Bob, then we can -
Mr. Kunst: I would just like to re-emphasize the fact that I think
your Planning Department is involved looking at all those books.
We are up to Milestone 115. Each book is thick. It's an awful lot
of reading to get through let alone to differentiate whats going
on with it to even find out what- happening pn any kind oflcvel
and 1 don't know if your Planning Department is involved with looking
at criteria needs of the City of Miami hut it would seem to me that
if you could get citizen in put because the citizens panels are really
frustrated. We are really frustrated. Kaiser said do us, they said
go to all these meetings and all these forums and the feeling I am
getting right now is that people have really been ripped oft.
0.1
JAN " 91975
The government says if you want federal dollars, you have to have
citizens panels coming in and you have to have the citizens
involved in this kind of thing, We get involved, we go to umpteen
different meetings, we get these book and read them and differentiate
between what we think is good or bad about them and we give all this
to Metro and they say - forget it. They take exactly what Kaiser
Engineers come along with which is not people who are here f•om Dade
County. The books that have come out have been reprinted from BART
and every other city but there is no city that compares with Miami
unless its Los Angeles. No one is coming here and building a system
that meets our needs. They are taking it from everywhere but where
we have to come from. We are already doing things that are totally
crazy.
What I am suggesting is that if we could get a group of people
together, based on your support and your influence, and you get he
feeling from the citizens as well as Metro and as well as Kaiser
and what the needs are in our community, I think it will be the
best benefit we can have.
Mayor Ferre: Mr. Andrews, here is what I would like :o do. I would
like fo.r someone in the administration to follow up at the Metro
level on the 2]st to make sure that they - now this is Dr. Dyer's
commitment to me that it would be brought up and hopefully it will
be included. Now if they do that, and they live up to that
commitment, then we will, I would like the administration to keep
an eye on that. They told me that within 90 days, they will have
a full report for us on the transportation needs of the Miami area.
I don't know how they can do that but evidently they have gathered
most of the information.
Once that is done, I would like for you to schedule sometime, 1 guess
it would be summer, for a full discussion and at that point, we will
appoint a committee to get involved in this whole process.
Mr. Kunst: Can T challenge that in one respect? Kaiser and the
transportation department have to submit their report to the
federal government by April. That means we have got to cover at
least 4 more milestones between now and April. I don't know whether
our input means anything anymore after what happened.
What I am suggesting is that your input to the milestones is
vital and if you wait until Kaiser and the Transportation Department
tell you what you are going to get, you have no say after that.
The key decisions are going to be made between now and April.
What I am willing to do personally is volunteer my services at least
to give my feelitbs to any department within the City of Miami but I
really think there is an awful lot of credible people in this community
who are thoroughly frustrated and if you could get their input and
their energies, you would have so much more going. and that the City
has a say in what's happening. What is happening at Kaiser and to
Transportation is not really including our feelings.
Mayor Ferre: The problem is that as we, as area government which
is Metro in our case functions, we seem to have relinquished a sense
of responsibility because its not really within our jurisdiction.
In a way what we are doing by that is giving up part of the;'power
that this city has and the responsibility of the elected officials.
At what point do we participate. It isn't enough for Kaiser Engineering
to come here and lecture us as they do every once in awhile.
The truth is that except for a few people in the administration,
we are uninformed. We really don't know what is going on.
The truth is that the single most important matter is whats happening
in Dade County , honestly we really don't know . The impact on the
Clty of Miami is going to be staggering. Really what Bob is saying
is that we really should be a lot more involved in the process than
we have been.
JAN "91975
How do we "remedy that Paul, how do we go about doing this?
Mr. Andrews: Well one of the ways you have participated in the
past which I thought was one of the finer ways was to have the
County through Kaiser. Engineering come to the City Commission meeting
and call it a public hearicg if you wish and have them comeand
explain in detail.
Mayor Ferro: 'I'lley have already done that.
Mr. Andrews: I don't know that they have through their report
process.
Mayor Ferret Whitewashing, a little paint job over the top, the,
cane and spend half an hour.
They give us a few brochures, they put a few slides up on the wall,
they tell us•what they are going to do and it takes a half hour
and thats it.
Mr. Plummer: Mr. Mayor, as your representative to the Dade League,
the Dade League has had input into the mass transit. We have been
functioning with the committee but not t;te City of Miami in its own
entity.
Mayor Ferre: 1/3 of the system is going to be in the City of Miami
in mileage and I would guarantee you that 60 to 2/3 of the dollars
will be within the City of Miami.
Mr. Plummer: Bob, have we, South Florida, got a definite commitment
of that 1 Billion 3?
Mr. Kunst: No there is no definite commitment on tha: but there is
feedback from the federal government that they are not interested
just in Dade County plans, they are interested in a South Florida
tri-county situation.
Mr. Plummer: They have been doing this to us with everything.
Sewe, transportation, the whole nine yards and it has bothered
me since the day Gerald Ford signed the order which reduced funding
of mass transit from 25 billion to 11 billion. Ithink they had
enough money for 10 mass transits and we were about 12 or 13.
Mr. Kunst: We are about 9 or 10 at this point.
Mr. Andrews: I don't have a good answer to the basic and funda-
mental question and that is the Commission and public participation
because we have given up that responsibility to Metropolitan Dade
County. I would like to have Mr. Crouch at least summarize our
participation so you would have some feeling at least of what is
going on and maybe from that you could draw further a solution to
the problem.
nr. Plummer: The point the Mayor is trying to make and Bob was
trying to make. We never gave up the responsibility. We gave up
the function. We transferred the function to Metropolitan Dade
County but we should not in any way give up the responsibility we
have.
Mayor Ferre: You have to be careful there now because there is a
fine definition. Let me see if I can define it in a way that they
can all agree. The problem of crime in the nation. The federal
government is involved with crime and they spend billions of dollars
and the state does too and they have a crime bureau and everything
and so does Metropolitan (Dade County. how, that doesn't mean that
the City of Miami doesn't have a responsibility in that important
element, In that case, it's easier because we have a police
department and there, we have not only responsibility but we have
a commitment and we have the authority. In the case of mass transit,
and transportation , when the City of Miami gave that up, we really
don't have legally the responsibility.
:) J
t�1,!. l: "n 1975
Mayor F'erre: What Bob Kunst is saying and what I agree with
acid that Ithink you are saying; is that we have a moral obligation
to the 350.000 people in the City of Miami to protect their best
interests in whatever field it is.
Mt. glummer: You're right but I think a better example would he
the Water and Sewer Department. We gave up the function of the
Water and Sowers but we did not give up our responsibility to the
citizenry w(' represent. We are still in there today, fighting to
keep those water rates down, keep that sludge line out of the City
of Miami and keep them from tearing up our streets for 2 years and
we are also going into an agreement on the land.
I don't think we have given up the function and we haven't given up
our responsibilities.
Mr. Andrews: Well lets persue that a little further because I
think this is a very important area and as far as water is
concerned, the Water and Sewer Authority, you the Commission have
a little clout there because you have some stake in this yet that
you have not released to the Water Department but once we make all
the releases, they can come in and put that sludge line without the
City of Miami's approval.
Mr. Plummer: WHich is well and good but let me remind
same Water and Sewer that when the City of North Miami
give up its responsibility, filed a lawsuit friend and
government said baby, you better get that straightened
Miami or you are not getting the federal funds.
Now if they don't do right by Miami with these mass transportation
funds and this City finds itself in a position of filing a lawsuit,
I can tell you that the federal is going to do the same thing again.
We're not going to sit there and feed you all money unless you are
all together.
you of the
which ddn't
the federal
with North
Mr. Kunst: Where the City really should come in on here. There
are at least 3 Locations in Dade County that over a million people
congregate in within a years time. One is Miami Jai Alai, another
is Vizcaya and the Orange Bowl. If 'Fou would look at Milestone #5
and see how all 3 areas are totally eliminated, ;a hat we are dealing
with is that Metro is not interested in getting people out of cars.
They talk in terms of getting people to and from jobs and they talk
in terms of lets deal with poor people and people on fixed incomes
but they don't talk about lets reduce pollution by he:ting people
out of cars and .neeting our responsibilities on an energy level.
The car is an obsolete thing right now and our economy depends on
mobility and if we can't get people around, we can't get people to
work or to play or anything but the emphasis is strictly on jobs.
The service aspect, museums, sports, any of these other things are
totally neglected. Look at what the City of Miami has to offer. We are
one of the top 5 cities in the country with a great deal of activity going on.
The question is, does everything have to be done in cars?
So here, is just one classic example of where we are really messing up.
Metro says today we have 3 million daily trips in Dade County. By 1985, we will
have 6 million and yet what they are proposing as a system is a system that will
only reach 20%, of the population. Well todays antiquated bus system reaches
5% so if you take 6 million daily trips, 20% of that is a million two.
That leaves us 4.8 million daily trips which is 1.8 million more than today.
For the billion 3 hundred dollars,we have already lost the battle. We have
two million daily car trips more than today with all of the outdated highway
structure and a third of it is in your particular area.
Where is it meeting the need? I want you to know, I was really hurt by Metros
attitude and the Metro Commissioners are not up to date on what they are doing
either. I want to just say very specifically that they are not.
5 ti
JAM -9 1975
Mayor Ferrel That doesn't make me fee: any better, that makes the feel had.
Mt. Kunst: It makes me feel terrible tut we need to take the ball game hack
to whete we live.
Mayor Ferret We have gone on 20 minutes and have to move on. Now Paul, I agree
with the man and Ithink we have to face it. Now the thing I don't knew is how
to face it and I don't know what the answer is.
Mr. A. Crouch, Assistant City Manager: For clarification on the Citys involvement,
I wanted to impress on you that we have been involved with the members of PACT,
also 2 standing committees as well as 2 select committees and Mr. Mc Manus of
the Planning Department has been involved with me. We attended every one of the
meetings that have been held on these various select and standing committees ^s
well as the itself. We are coming to the point Mr. Kunst is talking abo t.
There is a need for hearings to be held before the Clty of Miami. Last night
the Transit Advisory Committee held before our Planning Advisory committee, a
preliminary report and discussion on Milestones #3 and #5. This information has
been made available to you. We are getting input now from the community.
We have Mr. Dubbin here who has been in contact with me about some objections.
We feel that the time is coming now for the hearings before the City Commission
and this will be a part of it because the things will he done under the City's
zoning structure for the preservation of the right of way and other things that
are involved. We will be having the hearings, working through the committee
and bring to you the information.
Mayor Ferre: Andy, what is the timing for all of this?
Mr. Crouch: As he said, they are under a very tight pressure but until we have
gotten to the point now where Milestone 415 has been released, we didn't really
have anything to react to.
Mayor Ferret You have it now.
Mr. Crouch: We have it now and we are reacting. The report we gave to you is
the very first report that we have been able to. Milestone 3 report, we will
be inputting to you on that.
Rev. Gibson: Once you draw those blueprints, you have a time changing them.
What he is trying to get us to understand is, we ought to be a part of the
blueprint making.
Mr. Crouch: Commissioner Reboso is a member .of the Government committee and
now we should be rec..v to start reacting to these preliminary reports.
Mayor Ferre: Helen Walker is here and shaking her head which means she doesn't
agree. I think there will he public input before its finalized and that's what
she is saying. I think that is what you are saying. Let's make sure its so.
Mr. Kunst: Right, lets not take a chance on it.
Mayor Ferre: Here is Mr. Dubbin. He is Murray Dubbins younger brother.
Mr. Dubbin: First I want to say ,amen to Father Gibson and then to relate a
man who came in terror stricken ;and said, do you know what they are going
to do to Douglas Road?
I said what? Again. Hearsay is magnificent my friend but give me proof
positive so that 1 may get in touch with the proper people.
He brought me this graphic illustration called Milestone 5. As Father C 1hson
said, and I relate, to give a new motorcycle to a young boy and man he Is
going to ride it, When I looked at Milestone 5, figure 15 called- alignment
alternatives, properly named the rape of the City of Miami, I was furious.
1 went to a citizens ,advisory meeting which was called on December 20, 1974
which was the second Pearl Harbor., It was in the City of Miami on Saturday
December 20th.. I went to this meeting and I listened carefully. 1 found
some people that were very interested and they are working hard and 1 app-
reciate this as an area representative for 50 plus years, I can appreciate
the people that love this City and want this City to progress.
■
JAN " 91975
Let's get people involved that are involved in the City. Freeholders.
Property Owners. Taxpayers. People that are going be helped. People that
ate going to be hurt by the mass transit system.
We have been given teh so-called benevolence of Metto, and frankly, I am sick
of this benevolence. They always say, put it in Miami.
I live in the City of Coral Gables, I cwn property there. They gave us their
benevolence at their City Commission ME,eting, this Thursday after the so-called
citizens group had voted to run the South--to-North corridor up Douglas Road.
They said fine, let's not have it on Le Jenne.
Quickly, what I am talking about is cost of right of way. When they camE to us
years ago, my Daddy gave them 50' on Douglas Road and they said we must have a
road, you can't have a horsepath anymore. Well we had the widening of Douglas
Road and this was to be the end of all. It cost us a fortune in Realestate value
and 3 years of business. Whey do they insist now on coming up Douglas Road?
Which is the most expensive right of way in the City of Miami.
The City of Coral Gables says, yes, lets put it on Douglas Road. The east side.
Very few people know that the east side of Douglas Road is the City of Miami.
50' in - I repeat 50' in - eastward of the sidewalk line.
Very quickly - that would run through the Norton Tire Company
It would run through the apartment houses. It would run through the new Republic
Mortgage Building. It would run throughRex Art. It would run through Big Daddys.
It would run through Sears. We come up the line. I don't know of a more expensive
right of way in the City Of Miami and why must we, in the City of Miami, accept
the death of Douglas Road?
Thank you for your consideration.
25, TRAFFIC PROBLEMS FACED BY SENIOR CITIZENS
PERSONAL APPEARANCE OF MR, MARTIN Ex
JAN - 9 1975
Mr. Ex: This is a very sad, but urgent request that I have to make.
I will start off by saying, "How to cheat the undertakers out of premature
business".
I am dedicated to the saving of humanity. Many things have been done through
my efforts as President of the Senior Citizens of the American Federation of
Senior Citizens, Coconut Grove Chapter,
11] Like a doctor, you look for the cause and then you find the cure.
There are causes for these accidents - maiming people, loss of life etc.
##1 cause is too fast a speed. !12 Tailgating 113 Lane jumping without any
consideration by not using signals or any warning to drivers behind you or in
front of you. 414 Yielding the right of way. Those are the 4 causes of so
many accidents. I can guarantee you that ycur heavily travelled streets carry
quite a bit of automobiles. I believe the law reads 40 MPH. SHow me if you don't
see many cars pass you up when you maintain a speec of 40 MPH.
Therefore, I request that you hold that speed down to 30 MPH, giving the motorists
and the pedestrians particularly, older people that are trying to cross the street
Mayor Ferre: Are you talking about the downtown Coconut Grove area?
Mr. Ex: I am talking about the city beautiful.
Mayor Ferre: Throughout the city.
Mr. Ex: My recommendation is to make the streets such as Douglas Road 30 mph.
Mayor Ferre: We will ask the administration to write a letter to Metropolitan
Dade County because that is their responsibility to give us a recommendation
whether they think it makes any sense to ask for a lowering of speed.
You understand, we don't have the authority.
Mr. Ex: We are grateful for your help and consideration.
I live at 26th Terrace and Douglas Road. There is hardly a week that goes by
you don't have an accident and sometimes resulting in death. That is mainly
at the intersection of Coconut Grove Road with a distance between the corners
of not more than 150'. The oncoming cars off Coconut Grove Road come in and
they are on top of you, I almost got it last night. Either you get an automatic
stoplight and this is the 3rd time I have been before this Commission.
Mayor Ferre: We don't need to take up the time of the Commission on that.
If you would just give Mr, Andrews that information, he will get the answers
for you,
■
JAN -91975
Mt, FA:
Members of out group are complaining bitterly about the conditions in
Coconut Grove patk. Mrs. Albert please, she is a former director of the
park there and I - Alderson, excuse me.
Ms. Alderson: Having worked for the City of Miami in adult recreation for
20 years. 18 ]/2 years at Coconut Grove Bayftont Park; I can assure you that
I know what 1 am talking about.
I am more interested in the physical aspect of the park, The cloth awnings
are hanging in tatters. The shuffleboard courts ate in a deplorable condition.
The scoreboards need replacing. Dirt which makes dust is all around the
building and we haven't had any landscaping in years. The alcoholic drinks are
being consumed on the park daily. Frequent drunks, some fights there has been
no bond money spent - not one cent in Coconut Grove Bayftont Park no known as
Peacock Park. $8,000 recently has beer. spent in Lummus Park and they also had
some expenditures there. They had 24 courts redone. We only need 12 redone.
Mayor Ferre: We are spending $25,000 today in Lummus Park.
Ms. Alderson: Dear, we are not interested in Lummus Park.
Mayor Ferre: 1 know, I know, we have got to start somewhere.
Ms. Alderson: Mrs. Gordon, on page 26, article 9 in todays brochure, you will
see where almost $8,000 has been spent on Lummus - none on little Coconut Grove
Bayfront Park.
Mayor Ferre: Mr. Andrews, will you bring us up to date on that?
Ms. Alderson: And one more word. We need same plain clotaes men there.
Things are going on there that are disgraceful.
Mr. Andrews: Mr. Mayor, may I suggest that this lady and we wil get together
with the rest of the Senior Citizens to find out what their concerns are and
do something about it.
Mayor Ferre: Martin, you get all your people, and we will meet. Set a date and
members of the Administration as well as the Parks and Recreation Department and
the various, and then Mr. Andrews, so these ladies and gentlemen that have taken
their time to come and be with us today, will know that we are conscious, would
you put it all down on a memorandum and let us know what has been determined
what can be done, what the time schedule is, how much money will be spent.
Ms. Alderson: One more word and Mr. Plummer will tell you how much we need
this. If we could h::ve a chain link fence, just around the Coconut trove SHuffle-
board courts, there are only 12, and then are 11 acres in that park.
Mr. Andrews: We will look into that too.
Mrs. Gordon: Martin, I am going to ask Mr. Andrews if he can have some of it
ready for your installation - maybe the landscaping so it will look pretty.
APPofN•tr ENfis) bELt4t1N8 AND
26. YOUTH ADVISORY BOARD RECOMMENDAtIONS BY !R KEN FRtEDMAN
JAN z 9 1975
The following motion was introduced by Commissioner Plummer who
Moved its adoption:
MOTION NO. 75-14
A MOTION INCREASING THE NUMBER OF MEMBERS
TO THE YOUTH ADVISORY BOARD TO A MAXIMUM
OF FIFTY
Upon being seconded by Commissioner Gordon , the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayov Maurice A. Ferre
NOES: None.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 75-15
A MOTION APPOINTING ADDIT1ONFL MEMBERS TO
THE YOUTH ADVISORY BOARD
Upon being seconded by Commissioner Plummer , the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Rebcso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
•j1)
I A RI .. A 1t 'ti'
In connection with tl!!" adoption of Motion No 75-154 L.,e following persons
were deleted and added to the Youth Advisory Board:
To .ic dro ped: Zoiii Aloti:.;u-•.'c.Y. I'C' appoilI I C'C
Duane :'ii117..,1'tt-!'L`,L1.o i:p;):)l.11i_e
Charles Nic:ac)1.:',-GorJo.1 appointee
Tucker G:L .'c1-Gordon .11))o in tee
Gustave Gi.:ai-P ulr'.ncr 11ppil Lniee
Lori 1:;oirisLr-I .Ltlitli:lcr appointee
Alec Stephens-Giiucon appointee
Larry bieicr-i eboso appointee
Resumes:
Stev','. Geller -Coral .'ark Junior - ctf,P2 in Young
D€' ocrats,ciraaa c.lub,c.le.c:ts ciuh,ey ciuo,c:::lviron:ti.cfltal action rjroti;
Edward trd Dome .-nia:111 Die So,_]it . , ac Live?11
In
scouting and Catholic youth grouJt
Grisulda Lo')i • -t oi:rc J)i.0 e Accli;c:,l'1' :;o!)il. ,active_ in `.;tiu:.:riL
council,par,.i-m d:' cl.ub,s::1d11 school Coalition
` Notre_ Dame. Ae,tde:.ly o''11. ,:tct.ivc iri
Karen .�,-l..tor.�.Isso- ..
student council, hisL'.'.)ry e l ob, cow litioal of student councils
:lar i N even.. 0,l:.IL i+eaCik:y aJ r . ,active in Stuuc:llt
council, Jrltional Honor Soc ..,t:y
Charles ;`.Clsca-Coif,+L t'ii k Jr.,active in Pon and Sable,
booster club, Young iJcu:ocrats
Jay Levy- Coral Park Jr.,aetive in environmental action
group,Intcract,Junior i oi.11'ci,Voung Democrats
Brian Peterson- cic'ploy ee of Trail Dodge ,mi.ami resident,
desire to serve the cod..'11unitf anti the youth in particular _
Joseph i'adul- ;:elcn Jesuit Prep school Jr. ,active in Na--ion.
Honor Sot ety, foransiCS,:::,co its, t o; Club, school paper
T: rese har"rison-Jaci.son iiosp. emplov c:o,clesires to beco
active in the co:;.rt;ur.i ty t2sp '.:.Lally recreational and educational c.1_
Ro>>r t t Reynolds- hi.cii cc'ii. c;rad. ,cicsires a way to help tr.'
youth of .i u 1. to better cc'.:e ':iiLit their liv•:2s
Bonny Dl.ac;c-past ai:.e to Cone•. Peppor,Third Century U.S.A.
pro.jecclireci:.or,Youn.; De;n cra Ls oc ieer,Jade County Youth Fair
judy DiP letro-Inst itute for Acoustical research Adm. Asst.
officer of Young Democrats,Jemo.J.xec.Cocn.,Concerned Consumers oi:
Dade County
Michelle Cavallo- Droward Community Collage trosh. ,active in
,Catholic Youth groups
Drtrbara Klayl;o-Century Aircraft Corp. Pros.,aativo in A.O.P.A.,
Young Dumocrata, former City of Miami Police Cadet
Pam Perry - 5740 S. W. 64th Place 666-7177
Carlos Hazday - 4140 S. W. 69 Avenue 667-6562
Mr. Ken Friedman, appeared and urged the dropping of the aforementioned'
persons due to unauthorized absences of meetings and submitted those names as
above to be added to the board. The final 2 names were Commissioner Cordon's
additions to the prepared list.
Judy Rosen
Raul Maas
Jorje Hernandez
Abdul io Piedra were added to the list by Mr. Friedman and was Instructed
to file the names and addresses of these persons with the City Clerk. Such•
list was not available .It the time of publication of the minutes.
Mr. Friedman: The other thing, I would like to get in comcept approved is we
would like some degree of guarantee so tt) speak.that proper representation will
take place. That the majority be high school students, some college, some Jr.
High, some Business- women, -blacks etc. We would like to inform you of the
breakdown as the appointments are nude and then when future appointments come
up, let you know if the breakdown is not falling within these ranges.
Mayor Ferre: That's fine Ken, as long as you don't go into a quota. That I would
be against, I don't want any quota. Just make it a logical balance without
having any kind of quota of any kind, 1 would like to tell you we are all proud
of you and the job you have done. The Bi-Centennial is coming up and its going
(U
JAIL 91975
to take you a year to work these people up to be real advocates, l would like
you to meet with Nora Swan, the chairman of out Ei-Centennial Cotnrhittee and our
Other active committees like with Morty Friedman as we would like to have your
participation in the Festival, not only for this year but especially for next
year. A real youth participation in our International Festival,
27, CITY OF MIAMI SPONSORSHIP OF POLITICAL SCIENCE EXPLORER 'OST91975
Mr. Hoffman: I am Charles Hoffman, a member of the professional staff of
South FLorida Council, Boy Scouts of America. Our program presently involves
over 500,000 teenagers accross American in activities designed to achieve
character development with training in mental and physical fitness.
The Explorers program of the Boy Scouts of America is a program for young adults.
Male and Female between the ages of 14 and 21 years. Briefly to trace the history
of this program and the concept today. Historically the Explorers program for
young men who had participated in the Scouting program and wish to continue outdoor
scouting type activities with boys their own age. They became Explorer -Scouts
and wear a dark green explorer uniform. One of the most important problems which
young men and women face today is deciding the career they wish to persue and
the type of job they want after graduation.
Its important that career and job choices be made as early as possible so that
students can arrange to take the required preparatory courses during their last
two years in high school and in college and technical schools.
The late 1960s,the Explorer Division of the Bob Scouts of America undertook
various nationwide studies to try and learn more about young adults and their
interests. The results of the studies are interesting. We found that 83% of
our country's young adult population wants information on careers and that 95%
of these young adults want adult help in making some type of career decision.
Using these statistics, as an indicator, the Explorer Division has designed a
program that seeks to associate adults and teenagers- male and female with
similar career interests together in a continuing series of activities related
to that career. Through these activities with adults of high moral character,
young adults learn more about a career by experience than in as many ways as
possible . The Exploring Division of the South Florida Council of Boy Scouts
of America have worked closely with Commissioner Gordon for the past two months
to organize an explorer post specializing in government and political science.
We have brought together, a group of adults and put together, an outline of
programs and activities. On December 16th we held an organizational meeting about
prospective explorers from high schools and the area, various colleges, who have
expressed an interest in government and political science.
We explained to them the concept of our program and its possibilities and we then
invited their questions, comments and membership. Now that the entire group has
met twice, and we have our initial direction, we are asking the City of Miami to
sponsor this Explorer Post.
Sponsorship of an Explorer Post usually comes from professional organizations,
business, industry or government and a great deal of the post program is related
to the product, process or services provided by the sponsoring organization.
The sponsor provides adult leadership and through this leadership of the sponsors
various resources, provides program opportunities for the post.
Through your contacts and resources in the community, we would hope to utilize the
expertise in various individuals involved in the political process.
With your support, speakers could be invited to address the post. Opportunities
could be made available for the explorers to work as part time and volunteer aides
to various officials. Visits to different public and private facilities important
to the political process might be arranged.
In brief, we are asking your voice of support for this program. We ask your help
in drawing on the communities resources.
No financial obligation is required of the sponsoring organization.
The Exploring program gives the two generations a chance to share experiences
and test ideas. The mixture of youthful exhuberance and mature experience
will produce innovations in addition to confidence and understanding,
We must look beyond their height, color of their skin and their hair and their
clothing styles or the sound of their favorite music to really see youth.
JAN'91975
What we should see is energy and a searching look. They are looking for challenge
and a place in the world that they know belongs to them as welt as to adults.
They want to show adults that they can do things. Todays youth ate curious and
want to believe that things can be done better. Todays youth want to compete.
Todays youth want to make friends and live in a world of opportunity and love and
peace. A11 they need is a start and for someone to show them the way.
We ask the City of Miami therefore, to sponsor POLITICAL SCIENCE EXPLORER POST #E250
and to add a few comments, we hake Pam Petty who is now a member of the City of
Miami. Youth Advisory Board and a:.so a member of the Political Scien.e Post to
tell us some of the experiences she has had up to this time.
Ms. Perry: I have been a member of this political science post and its really
been terriffic because its put us in contact with local government officials
and this is an experience that is once in a lifetime and its something that the
public schools don't offer, this is a unique program and we are all very
enthusiastic and we want more involvement_ and wi:h your support, we can get it.
Mrs. Gordon: I want to tell you that when we were talking last night and Mr. Mayor
when you had your representative there, Mr. Fausto Gomez, he spoke and did a
very fine job and there were other representatives from the County government,
from the County Manager's office and we thought maybe they would meet once a month
but then these youngsters said, oh no, at least every week.
This is the kind of enthusiasm that was generated.
The following motion was introduced by Commissioner Gordon who
moved its adoption:
MOTION NO. 75-16
A MOTION OF INTENT THAT THE CITY OF MIAMI
SPONSOR THE SOUTH FLORIDA COUNCIL POLITICAL
SCIENCE EXPLORERS POST
Upon being seconded by Commissioner Plummer , the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
JAN - 9 1975
28. PERSONAL APPEARANCE - STATE REPRESENTATIVE GWENDOLYN S, CHERRY
TO DICCUSS NEEDS IN THE OVERTOWN DISTRICT IN THE CITY OF MIAMI
Ms. Gwendolyn Cherry: I want to thank you for letting me come before you to
present what I consider to be a very pressing problem.
I am before you today, as a resident and a property owner in what is called the
Central Core Black District. I don't know how recently any one of you may have
been in that area but it is an area that has been highly neglected. I don't
know if you call that benign neglect or 1 think you phrased it so adequately the
other day Mayor. Whichever one it is, 1 think the time has come that we must
address this problem.
In that area, this was one of the core areas and was a thriving, viable community
at one time. It was the very center of the Black activities.
Now it has been completely destroyed and its ready to die. I think if you go back
to the pioneers in this aroa, the pioneers in the black area, when you talk about
the Reeves, the Thompsons, Chapmans, they all came From this area and they are all
agonized over what has been allowed to happen to the area.
6.5
.ally 91975
Some of us call it OVERTOWN. There is a group I understand that has begun
some work over there in the planning. The results ate that another group has
incorporated to commence the work to he done. t am before you today to ask you
to, however you can, we do have some concrete programs. This is an area without
any services at all. Services are in dire need to the citizens that are now
remaining there. It was at one time the segregated section of Miami and t atn
not asking that it remain that way but I certainly want it to be redeveloped and
tecultivated. It was in the 60s that I believe Urban renewal came into this
area and I talked to John Gibson. Urban Renewal came into the area and they
took the homes and said, we are going to build here. That was over 10 or more
years ago. They tore the houses down and the trees of the backyards are still
there. They have destroyed the very history and background and everything else
and they have allowed it to just remain there. t have seen this happen in city
after city throughout out —nation. Many of you are probably familiar with the
fact that Watergate was at one time, the same kind of area that this is and whin
they rebuilt Watergate, those people weren't able to move hack in there.
We don't want to do this kind of thing. What we do want to do is to begin to
look at this area before we come,into the Bi-Centennial part of the year.
We have proposals for possibly turning 2nd Avenue area into a mall- into what
we will call an Overtown Mall.. %e can set up something to at least designate
some of the early pioneers that worked from sweat and labor to attempt to build
a City. What we now call the Magic. City.
I am here today to ask you to begin to support this area and lets revitalize it.
I know you are building your City of Miami. Police Department in that area.
I talked a little while ago with Mr. Milbrook and I understand he has commenced
the job of planning. I would like to see the Cottmission continue this planning
and finance it if necessary to continue that.
Ihave Mr. Givens here who has brought it to my attention that we need an
Inter -City Development Authority that can possibly report back to the Commission
and they will both speak to you. We do have plans to come into that area to
give these people economic development through bringing in legal services and I
have the bodies and I have the place. I. would like you to fund the programs.
This is what I am here for today to ask you to.
Mayor Ferre: I just want to take a minute to tell Mr. Andrews and the adminis-
tration that you know when you look around the City of Miami, we got Little
Havana moving, we're putting trees on the street, mini -parks, the Latin Chamber
of Commerce active in that. The Coconut Grove people, both white and black,
you almost don't have to lookout for those people but look out for them.
Because they are always coming down here with some petition or another asking
for things - they are moving you know and in Little River, we are going to do
something. We have a new zoning proposal and the Central Negro District -
Ms. CherrY: CND that's right Mr. Mayor- OVERTOWN.
Mayor Ferre: You go to the Overtown section of Miami and it is sickening
because it has the, you have the sense )f death there. Its just waiting for
something to happen to it. It's unbelievable. You go down there and there is
Ed Grahams church, he is waiting to move out. The whole place has an atmosphere
as it its suspended in time. You go to the trove and a lot of people say, -
the Grove is alive. You see children on the streets. You see people walking
playing and laughing, there is a drunk here and there. The place is alive but
you go down to that Overtown near Reverend Johnsons Church, that place is
frightening. it's just death warmed over. What I think is that it is not our
fault. It is not the City of Miami's fault because we got to blame the
transportation. It all started with those highways being built through there.
It completely destroyed that community and then we have to blame H.U.D.
because they made promises that they haven't kept. They tore down all those
houses and those empty lots are there with grass growing 3 feet in the air
and junk accumulating and nothing is happened.
I think we really should go in there and if H.U.D. doesn't want that land, then
we'll take the land and we'll do something with it. If the federal government
and county can't commit themselves, let us find ways in which maybe through
the private sector-
JAN 1.91975
they are not going to build 4 story houses there, then let the private sector
do it and as we are looking for a community building, maybe we could work
something out with Ed. Graham and take over that church.
Mrs. Gordon: I am a member of the Women's Council of Realtors and as a civic
project, they selected an empty lot in OVERTOWN. It happens to be one that is
frequented by many senior citizens with no other place to go and they seem to
find that as a haven and they have some old benches and old cardtables and
they spend their time now and we selected this empty lot for a project for
Christmas and brought in a Christmas tree and decorated it and I want to tell
you when they first arrived with the tree, the lot was filled wish debris and
really you wondered where you were going to put the tree. The minute the men
saw the tree come in and the trimmings, you would be surprised how fast they
moved around and cleaned up that lot. It was really something to behold.
What I am trying to say is when you show people you care, if you give it a little
attention, they are willing to do their part so that if you step forward, they
will step towards you and together, Ithink th City can do a lot to help what
I think is probably the worst area in the City of Miami come alive and 1 am
all for it.
Ms. Cherry: We are very grateful to you Mrs. Gordon and appreciate your
statements and those of the Mayor.
Mr. Plummer: Mr.Andrews, 1 was through there last night. The thing that bothers
me most is the garbage on the streets. I rode through there the other night
and this City in its good wisdom went forth and said apartment houses haveto have
trash bins. We bought special garbage trucks to accept these bins and I got to
tell you something, th kids are just as much to blame. They find graat delight
every night our fire department i3 called out 3 or 4 times, they wale by and throw
a match in it and set in afire and for Some reason, that is a big joke.
The point is that these bins are not even being used Paul. I saw bins there that
you couldn't even fill up because the bottoms were gone.
I think an assertive efforts needs to be walked through starting at 5th street
and just go right through to 28th street and I am not talking about people
just picking up garbage in a pile. We have this emergency manpower where we
have these teens programs and I think that is something that can he started
now. 1. think its evidence of what they need as Rose said, you show people you
care, at least you try to develop within them a spirit of doing better and I
think that we the City ought to implement some kind of program, a crash program
of cleaning up those streets and those garbage bins and at least once, get it
perfectly spotless, clean and then lets hope we can encourage the people to be
helpful and keep it that way.
Mr. Givens: Mr. Ma...r and Commissioners, as I travel all over the country for
the U.S.Government Small Business Administration and being a native Dade Countian
everytime my plane lands in Miami, I am thoroughly sick simply because thereis
no real concerted effort to revitalize any parts of the black community economically.
If you were to look at Grand Avenue south of MacDonald, you will find that in the
last 5 or 6 years, the only new structure that has heen erected in that area has
been the funeral home located on Grand Avenue.
If you were to look in the neighborhood of N.W. 2nd Avenue or 4rd Avenue from
5th street to 20th street, you will find that there has been no new construction
economically in that area in the last 10 to 12 years.
If you will look in the Model City area, you will find that there has not been
an effort to revitalize that community economically and I think there is something
missing someplace and I trust and pray that this Commission is not being like the
noted frenchman who said, the mob is in:the street, I must watch to see which way
they are headed for I am their leader.
Mr. Middlebrooks: Joe Middlehrooks from the University of Miami. I would like
to present to the City of Miami a proposal entitled - A proposal to provide
technical planning -Management and Urban Design Assistance to the City of Miami
and as a continuation of the request of Representative Cherry and Mr. Givens,
I am here on behalf of the University of Miami to ask your assistance in assist-
ing the University of Miami to render certain services to citizens and organ-
izations within the City of Miami.
JAN 91975
The total proposal request is :or S73,566,00, Before going into the proposal
however, Iwould like to introdice Mt. Moses Florence who is the president of
the New Washington Heights conference. A community organization which has
worked very closely with the Uof M in its past endeavors in that area.
Misa Jackie Bell who is the acting director and Mr, Phillip Perry who is the
Interim Director at the Center for Urban Studies- UOFM, Mr, John Dew from the
CRB, another organization working very closely with us in rendering services.
Mr. R. Johnson, on our staff at the center for Urban and Regional studies,
Several years ago, the UofM established this center, At the time we recognized
the need for having institutional commitment for resolving some of our inner-
city problems. As a component part of the center for regional studies, the
University established the community devel.opment division which speaks very
specifically to rendering technical and management services to community
organizations. The community development division is established to
1, Provide mechanisms to make university resources available to eliminate
planning and urban design problems..
2, To encourage greater minority group participation in the urban planning-
urban development process.
3. To provide mechanisms to,provide public agency activities more relevant
to low income groups desires.
4. To establish community based organizations to aid low income groups and
individuals..
In the back page of the proposal is a sample of the type of activities we render
to an organization. Those organizations received assistance during the course
of last year and that is our annual report.
You will note that the vast majority of those organizations were within the
city limits of the City of Miami. Various and diversified amount of services
were rendered to the indicated organizations. We have indicated in the proposal -
two goals and several objectives related to those goals.
The first goal is to provide technical assistance to the City of Miami in an
effort to insure maximum input and participation of its residents in the
development of the Comprehensive Development Plan and in our discussions with
the community organizations, they have indicated to us that one of their primary
thrusts will be economic development related to the comprehensive plan.
Under that goal, we have listed 6 objectives related to that specific goal.
The next goal is to increase the competency of both moderate income groups
effectively participate in the planning, development and implementation of
community services.
Following that, we list 5 specific objectives. The proposal itself has two
basic components. One is a planning assistance arm and we would be working
very directly to continue the work we have started in the Central Dlstrict with
the various organizations and the 2nd component is community development services.
wherein we work with other organizations, not necessarily within the central
district to render t!e kind of services we have been doing in the past.
for instance, we have a request now from a church in Coconut Grove to work
with several of their low income housing families there to improve their
housing conditions. We are also continuing to work with the Coconut Grove
Clinic in rendering certain architectural services.
We are also continuing to work with the Community Relations Board and more
specifically the new Washington Heights community organizations to continue
the planning and development efforts they have started.
I have reviewed this proposal with the city managers office with Mr. Crouch
and I have met with Mr. Acton, Director of the Planning Department and both
of them have indicated a positive response.
We have in the past provided certain services as I indicated. We submitted
to CRB and the community organizations -Washington Heights, a very preliminary
study which contained 3 pages of recommendations.
We are before you today to request that you assist the University in continuing
the thrust that we have started to continue to allow institutions such as the
University and the City to provide for the kind of resources necessary to
improve the central district area.
I would like to request you to fund this proposal whether we can continue
with the kind of activity we started.
Mrs, Gordon: How long would it take to complete and come up with a specific
proposal that could be implemented?
66
JAN 91975
Mt, Middlebrook: We have trade note specific recommendations and what we ate
asking now is for assistance in continuing to begin to try and implement state
of those recommendations and at the same tithe work toward long range solutions
and one thing is that perhaps An Inner -City Development AUthority could be
created.. We have in this, a 1''art called economic development,
We Mould be looking at a tange of economic height thrust which might be necessary
to improve the central district and inner city development might be one of the
recommendations,
We would have both short range and long range recommendations..
Mr, Andrews: I would like to have an opportunity to review this and sit down
with these people. I have a feeling over the years that some community
city and metro dade county is attempting to accomplish is to develop long range
plans for major changes in the central area of the city and we have not really
been very successful in achieving those and we left the kinds of problems tha
are very evident and we delude ourselves in long range studies and all the elfrrt
we put in in a long range plan, we dillute our effort in terms of really
understanding what is required to collect trash, provide proper sanitation
services to get on a, if necessary on a piecemeal basis, the kinds of capital
improvements that are needed in the public right of way. Whether they have to
come from assessment districts or other forms of improvement, begin a planned
program of getting those in becasue we keep postponing.
I haven't said anything to the Commission but the staff members Znd myself
keep going out and in the area that you are talking about and one of the
things we are considering, is if that property is not developed tht Metropolitan
Dade County has assumed control over, I think that the City should expend the
funds to do something this simple. I recognize we can't take that entire area
and convert it into one large park but what we could do perhaos is to clean up
the land, get some grass planted, a few more trees and pay some attention to tae
sidewalks, even if they are torn up 5 years later . Put that area into a neat
condition that the public can use. It's a sensible, practical approach.
Once we get that underway and make some progress there, then maybe some of the
fruitfulness of any planning that you come forth with -
Mayor Ferre: That costs money and it also takes concerted effort.and the problem
is that, 1. call it the Internma Syndrome. We always want 600 million dollar
projects and we want them Si) fabulous that we never get them underway.
How many plans law fallow in this city because they are so- the Doxiadis plan -
unbelievable. There is no way, not even in the year 3000 for us to get that
and in the meantime, a simple little thing like the extension of 3rd Avenue
now we just don't do that because its not big enough for us and we 1+eep
dreaming impossible dreams and eventually we are going to get it done but
eventually we are all going to be dead.
Mr. Andrews: There are certain buildings in the central area of the city that
have been vacant for many many years that are boarded up. Someone and I don't
know if this is the realestate board and government participating with them to
begin looking at these buildings to ascertain that under government direction
some of those buildings can be torn down and relate that to taxes to demonstrate
that by removing the buildings, people will end up paying less taxes for a
building they would probably tear down in another 5 years anyway.
Mayor Ferre: The way to do it is to face these things realistically.
Mrs. Cordon: Mr. Andrews, 1 would like to make a recommendation to you that
you communicate with the Presidentof the Board of Realtors. They would be
delighted, 1 am sure, to offer you whatever kind of cooperation you would want
from them however what 1 am really interested in knowing is whether or not the
Community Development Fund which will become available beginning 1975 can
become available for this area first.
Mr. Andrews: some of the planning process has taken place under those community
development funds but 4 portion of it is covered under that community development
processs, That doesn't mean that this isn't a very viable plan and that we
shouldn't have citizens and the univesity participate.
Mayor Ferre: Mr, Andrews, we have got to move on. You tell us what you are
going to do about it.
JAN -9197
Mt•Andrews: i would recommend that you give me time to review this and meet
with these people and come back to you with specific proposals but it has to
be coupled with et approach that there is going to do something about cleaning
up the area to begin with.
Mrs. Gordon: Something immediate.
Mr. Middlebrook: 'We could do that but we have been meeting with the organizations
of people out there and from what I have heard, one of their primary interests
is overall economic development and to provide methods by which they could be a
part of the overall economic development thrust in the neighborhood and once we
do that, we begin to get them involved in the maintenance and the ownership of
the neighborhood and I think to a significant extent, the cleanup and what I call
the ramifications of the problem will resolve themselves.
Mayor Ferre: Mr. Middlebrooks, you and Dr. Berry were over at the Bahamas for
that meeting and the thing that sometimes worries me about these meetings is we
are always dreaming and you architects have a tendency to overdreatn. Its good
to dream and thats allright but we have got to really get down to what we can
do this year, next year and the next 4 years and we shouldn't start worrying
about utopia but listening to the promises of people who promise utopia has us
in that mess in the overtown atea.
Mr. Middlebrooks: I would agree to that Mr. Mayor, if you would refer to our
brochure and see the kind of activities we do, you will see they are not pie
in the sky or even dreams. These are concrete things we render and in the
context we are proposing that at the end of a certain period, there will be
some concrete things and tangible items to look at.
Mayor Ferre: I will be looking forward to hearing Mr. Andrews report.
It was agreed by the Commission that this report would be February 12.
ATTORNEY ALAN ROTHSTEIN TO DISCUSS PROPOSED
CITY OF 29, PERSONAL APPEARA�dCE - PROPOSALMOFMn.,.Ut PLAE ELECTION AND
PLAN. ,JAN - 9 1975
Mr. Rothstein: FOr the record, my namo is Alan Rothstein, I am an attorney
at 25 W. Flagler Street. I am here representing the American Health Plan
Incorporated. Dr. Horowitz, President is here with me.
I am not on the agenda hut I came and the Mayor was kind enough to let me go on
the agenda because as of tomorrow, even though the ballot is already out, there
is supposed to be a vote of the employees in the Group Insurance area.
This vote is supposed to be taken about between keeping the old plan which is very
out of date and obviously nobody could vote for it and a new plan recommended by
a committee, put forth in a bid by Equitable Life Insurance Co. of America.
What happened in history briefly was that some year and a half ago, this Commission
went into a procedure which was apparently approved by the then City Attorney
which was to allow the employees to pick a group of from each organization to
act on behalf of the Commission in preparing a bid specification and putting out
a bid for group insurance. This was done so. Now as a footnote, I will say
since I was that City Attorney, in response to somebody might say, well is he
questioning a procedure that he said nothing about at that time,1 might say,
there are many procedures that we go through that are not questioned but when
certain things happen at intervals after the start of the procedure, sometimes
the procedures may be questioned. I am not going to get into the question of
the procedure of letting this committee prepare the SPECS of having the SPECS
go out the way they did, I will point out to you just this because that is for
other places and lawyers to fight about. The practical matter is as a dollar and
cents matter by following the recommendations of your committee, the City will
pay at least $100,000 too much for the program.
Now, I want to say in particular, that your committee worked very very hard in
and very dilligently and at the time they started, a year and some half ago,
working with group insurance as a procedure, that was the only thing that
really was at the forefront in the matter of medicne and health protection for
employees. Since that time, On December 29, 1973, the Congress of the United
States passed an act which its short title is 'The Health Maintenance
Organization Act of 1973".
Go
JAN •9 1975
I am not going to read it to you., that is not necessary. Comst'per Reports and
Cbmsumer Guide makes studies of these things and came up with a report saying
that today the situation dealing with medicine is changing. Stcked by federal
funds and the government's official belessing, Health Maintenance Organizations,
HMOs for short, are fast emerging as an alternative to traditional fee for service
medicine for a growing number of Americans.
Mayor Ferre: I agree with that from personal observation in areas such as in
the Cuban community, there is one recognized HMO that is really doing a job
for that particular community and I think you are absolutely right, the pattern
is there. What do you have in mind?
Mr. Rothstein: What I have in mind is, the specifications put out for group
insurance.
Dr. Horowitz and the American Health Plan have offices in the north and south
and access to all specialists, M.D.,s and the various hospitals listed, put in
a bid for the services to be rendered, in which we met every specification and
more and we put it in. The problem that we have been facing is that the committee
after having worked dilligently for a year and a half in a different area, is
en essence saying, well where were you when we were preparing the SPECS?
I think that is water under the dam. THe possibility of the City putting in an
alternative program is something I think that your committee should explore
with us since we did put in a bid and we are in fact the dollar low bidder in
the services- high bidder.
Mayor Ferre: What are you talking about?
Mr. Andrews: The employee committee that was appointed to prepare the spec-
ifications for the insurance with certain guidelines.
Mayor Ferre: Were you on this?
Mr. Rothstein: All I want you to do since it is a creature of you, instead
of having me come in and when they come in with their bids and having a big
battle here in trying to explain what they haven't got clear and what we feel
is important for them to know, you direct them not to take a count of that
vote because its a rigged vote. No employee is going to vote for the old plan
which pays half of what the new plan pays and let them approach it with us
because like any other bid, the City has the right to throw out all bids if
necessary and I would like to not delay this. I would like to meet with them
before they take a vote and discuss it with them.
Mayor Ferre: Would you do that?
Mr. Andrews: Mr. Mayor, first, we better understand some ground rules here
because the City has received bids. We think we have been very careful in
the processes that we have used in the use of an actuarial firm. We are
talking about public bids now that we received through a specification process.
Go back and do what he is suggesting, may in my latent understanding, be
negotiating a bid. I don't know if we could do that and I would like to hear
from the Attorney first after I understand a little more of what he is proposing.
Mr. Rothstein: May I just say, our bid is in. We have put in our dollar amounts
and we have said what our coverage would be. It may be the end result of
discussion with these gentlemen and if the City Commission goes along and sees
that by the nature of our bid, the City COmmission can save $100,000 or maybe
more, that the savings could be passed on to he employees which has been
budgeted already and they would pay much much less and get much much more service.
Or it may be that you in the final analysis -
Mayor Ferre: I still don't understand. What are you proposing - HMO? approach?
Mr. Rothstein: Exactly. 100% coverage.
Mayor Ferre: Well I don't know if what he is quoting makes any sense or not
but let me tell you something. This all started in Oakland, California with
Kaiser Industries. They had 10,000 employees and they started these clinics.
You go with your family and you gdt all your health requirements at the clinic.
All of a sudden, it began to be a paying proposition and it lost money for awhile
and it became a very successful pattern which is now involved in this HMO concept
throughout the country.
JAN -91975
fr
Mr. Ken Harrison: As chairman of this insurance committee that was establish
1 1/2 to 2 years ago, I don't disagree with anything Mr. Rothstein is saying.
The only thing I would point out to the Commission is that this work was begun
as much as two years ago and somewhat before that this Commission will remember
there was a vote 4 or 5 years ago to make some improvements in the plan which
was defeated because of a state law that requires 60% of :hose people holding that
coverage to vote yes to any change. We didn't get the 60% to change, therefore
we had what we had. At that time, we felt the employees in general was inadequate
and as a result of that, we came before the Manager and the Comcrission and asked
if we would be allowed to form a committee and to look into it and a lot of things
occurred that Mr. Rothstein is addressed to. I, in response to what he is
requesting here, I would request that the Commission allow our vote to stand
because we want a change and I think the fact that we formed a committee and
hopefully the vote will meet the state law to impress you with that fact.
I don't disagree with what he is saying. We are aware of the Health Maintenare
Programs. The federal law that he is addressing, although the guidelines are
not down yet will require that this be offered to the employees anyway, so my
understanding and I think the Manager is already committed, that this committee
will stand and is not going to be dissolved. We are perfectly willing to meet
with the company and talk to them.
Mayor Ferre: Does that satisfy you?
Mr. Rothstein: I would like to meet with them. They can have the vote and take
the count and let me meet with them so they will understand the program because
we are the low bidder by $100,000.
We are going to come in front of you and say, we are the low bidder and they
have recommended the high bidder or a higher bidder.
Mayor Ferre: Do we understand everything now. In other words, are you willing
to meet with him and his representatives, is that it?
This satisfies you.
Mr. Harrison: He had requested that the vote be stopped.
Mr. Rothstein: No, no, no, I think that they, I think that the vote - don't
stop the vote, because It will khow that everybody wants a change. Then it is
going to be up to this Commission to determine what kind of a change on the basis
of every information open to them. Because, you obviously can't delegate your
authority to make the ultimate decision of spending public funds. You are going
to have to make a decision. I am trying to prevent a lawsuit.
I am trying to prevent lack of information and communication.
Mr. Andrews: Mr. Mayor, I would be remiss if I didn't give you my feelings.
as to what is going to happen and my judgment tells me this is what is going to
happen. If we take the vote which I certainly want to see the vote go ahead
and lets assume that the employees by vote mandate that we go ahead with the
proposal that we have. You have completed at that point, a process that we
have set out through specification in bidding which puts the Commission in a
very awkward position in then having Mr. Rothstein and particularly if he meets
with these people and 15 other bidders who we have no met with or 14 other
bidders who we have not met with, saying, well if they could present that plan,
we would like to have had an opportunity to come to the committee and explain
some other alternate plan, other than what the specifications were presented on
and you will create chaos at the meeting you award whatever you are going to award.
Rev. G:[bson: 1 wonce worked for an insurance Co. as an underwriter. It seems to
me that if we want to do the best, I am not concerned about your company.
I don't care anything about your company or anything about all these other
companies. I am concerned about the people who work for the City of Miami getting
the maximum, I mean get all we can for that dollar for these people.
That little bit of money we pay you just doesn't go very far.
I would hope if it doesn't negate nor violate a principle, I would hope that you
would want to hear but if you have voted, your vote ought to stand and then unless
you come to us and ask us to do differently, we ought to carry out what that vote
says. We ought to carry it out having given you the opportunity to get the
maximum for your families because Iwant to tell you my mother is ill and God
knows if medicare wasn't around, I would be a beggar and its tremendous what
medical costs are all about today.
I would want you all to have the full knowledge but I would not want to
endanger any right, any privilege, any benefits that you have but if after you
have heard and you can in good conscience justify asking us to do differently,
then you ought to do it knowing that you after all are the people who are going
to profit, not the 5 of us up here.
%�} JAN -9 1975
I would hope we would alwasys want to have knowledgebut not at the expense of
jeopardizing your equity.
Mr. Harrison: I would like to clarify my position. What I am saying here is
we evaluated 8 bids. We wrote the SPECS, this committee that was established.
We wrote the specifications that we felt would meet the needs of the employees
that we represented. They were put out for bid and there was 8 bids.
An evaluation was made both by the actuary and by this committee.
There was a recommendation by the actuary that 3 companies could meet these
SPECS TA$ho were in fact the low bidders, giving you the most benefits for
the premiums. The company that Mr. ROthstein is representing here today was
not one of the 3. We did meet with representatives of those companies that
were considered. Recommended to us by the Actuary and we made a decision that
we would recommend the Equitable Insurance Company to be the carrier for the new
plan and put it out for a vote. That decision, I am saying, should be allowee
to stand but when the federal guidelines come down clarifying what the H.K.O.
is supposed to be, and how it is supposed to be implemented, that law is going
to govern that certain things have to occur. At that time, we may have to offer
an H.M.O. by the law, but it should be in ext years period.
Mr. Rothstein: I understand what he is saying, except there is one problem.
#1 - Mr. Andrews has said - if you stop the procedure and you don't go by what
the employees vote in this vote, and one of the reasons I am sitting here is I
am telling you, I came here today to tell you if you follow that procedure,
its illegal. You can't delegate your author:ity to be basted on a vote by the
employees. We are the low dollar bidder by $100,000 or more.
You are spending public funds. Now, I understand that they worked on a Group
Insurance program for a year and a half and they are down to the wire and they
don't want to see things torn up because they want to get that rew program
quickly. That s why I am standing here because I want to meet Giith them
before you make all the mistakes that is going to lead to the lawsuit, that is
going to throw out that whole program and they will be stuck for another year
and a half or two years without a change.
Mr. Plummer: Ken, let me ask 2 questions. One is mine and one is jointly the
Manager and mine. #1 - Did the City Commission approve the SPECS?
Mr. Harrison: The City Commission? I can't answer that question.
Mr. Plummer: That is #1. #2 - the Manager proposes this as possible alternativess.
I agree. Instead of doing anything rash, is it possible that both of you can
agree to let the vote go on, let the Clerk seal the envelopes until you have had
time to meet with them and then take the count? Is that possible?
Mr. Rothstein: I would be perfectly happy to do it.
MRs. Gordon: The H.M. 0. is a new concept.
Mr. Plummer: Wait a minute Rose, I would like an answer to our question
Mr. Harrison: I don't know that I can agree to that because what in fact we
need to know is if 60% of the people, roughly 2500 votes say YES, then we can
make a change. If they say, if we don't get that many YES votes, we don't
make any changes gentlemen. It stays like it is.
Mr. Plummer: The opportunity which I hear you concur to meet with these people,
that before a decision is made, or a vote is counted, that you meet with these
people and then count the vote.' I think there would be no harm there?
Mrs. Gordon: Can I ask the question now?
Mr. Plummer: Lets get an answer if they concur.
Mrs. Gordon: This is pertinent to the answer they may give.
Mayor Ferre: Go ahead.
7l
JAN `91975
Mrs. Gordon: I want to know. Is there just one HMO overall? 0ne HMO company
overall?
Mr. Rothstein: No Ma'am.
Mrs. Gordon: If in fact then you are considering a new concept which is HMO,
would it then be one that would solicit bids from other HMOs?
This is now a whole different ballgame Mr. Rothstein. But this would then be
for some future bidding time but -
Mr. Rothstein: Here is what the problem is. Which comes first, the chicken or
the egg? You have no valid SPECS that were put out for City of Miami monies
to be spent. It's completely invalid. They just sent them out.
The Committee did and its illegal.
Mr. Harrison: Now wait, the committee didn't.
Mr. Rothstein: I don't care who sent them out. The City Commission did not
approve the SPECS. We bid, there is one difference and that difference is
that we did bid on their SPECS that they put out.
Mr. Harrison: It's interesting - Mr. Rothstein brought up a very valid point.
He wrote the procedure. It would be interesting if he challenged it. I think
that would be an interesting case.
Mrs. Gordon: I am trying to say that if you are going to negotiate an HMO
you better negotiate with every HMO there is available in this whole community.
Mr. Harrison: We started with an insurance package. HMOs were a new animal
and in fact, the guidelines governing them have not been sent down yet.
When we started this whol process, we were talking insurance benefits. We went
for what we thought would be the best benefits for relatively the same or less
money than we were paying at this time.
Mr. Rothstein: I agree, that is exactly what I said in the beginning.
The only problem we are faced with is, we did put in a bid under the specif-
ications and the specifications are dollar amount, room, doctors fees etc. etc.
and we are the low bidder on the dollar cost to the City. We are the high high
bidder on the benefits to the employees.
Mrs. Gordon: 0n the same guidelines?
Mr. Rothstein: Under their guidelines, yes ma'am.
Mr. Gene Naples: Let me tell you where we are at really. We are talking about
this vote. This vote is based on and I feel that we are committed to, based on
a comparison figure we got from what we have now, under the Metropolitan Group
Plan and what we are going to get under Equitable.
If we hold this vote, that is how the people are going to vote. The committee
has advised all of their respective groups and that is what the vote is on.
If we take this vote, I don't feel that we can take this vote and then come back
and talk to Mr. Rothstein.
Mr. Rothstein: That is exactly one of my points. These people have been told
that they could get it much cheaper with much greater benefits. Is that a
fair vote that the employees -
Mr. Plummer: Wait a minute now. In lieu of the Mayor being present, Mr. Andrews
is recognized to speak.
Mr. Andrews: Excuse me. I would like Mr. Litvak to read into the record some
of the information that he has to set aside some of the argument that Mr.
Rothstein is using which would reflect that we are not working with the low bid.
Those who are meeting the specifications.
Mr. Marshall Litvak: The bids received were sent to Hansen and Company for
their actuarial analysis with reference to conformity.
.J.,
JAN ' 91975
Mr. Rothstein: Just a second. I want this Commission to know that my office
requested from Mr. Litvak, that letter when it came in. He refused to show
it to us. He refused tc give it to us, s3yirtg it's a Commission matter andhe
won't release it. Today, he advised me that later on, since that time, he did
make it available to the public but he didn't think it appropriate to send me
a copy.
Now, I am going to tell you this. I promise you, Idon't want to fight with the
City with my relationship. I don't want to litigate with the City. I came here
today to try and set up a procedure where we could avoid that but I promise you
I am not going to sit still with the sunshine violations, I am not going to sit
still for the refusal under 119. I am trying to work to show you how our
employees, if they know about the oenefits that they can get from the HMO, and
the savings to them, because I would assume since you have budgeted $100,000,
budgeted all the money for your payments, for employee contribution, and with
you, if I can save the City $100,000, you could take that $100,000 and give it
to the benefit of the employees, that's what you budgeted.
Mayor Ferre: What is everybody arguing for?
Mr. Rothstein: They don't want to talk about how they could save money and
save themselves money and give themselves more benefits.
Mr. Litvak: The Actuary, in their analysis of the bids, in conformity with
the specifications, and with the prices quoted, indicated that the HMO was
considered even though they could not meet the qualifications of the specifications
and they placed the dollar value based upon the bid submitted. It indicated
that where possible even though the coverage was int complete by HMO, that the
cost per employee would actually be higher on an overall basis for dependent and
personal basis therefore, they could not be considered as one of the low bidders.
Mr. Plummer: Mr. Litvak, is that a public document Sir?
Mr. Litvak: Yes Sir.
Mr. Plummer: Mr. Rothstein can then avail himself of a copy of it?
Mr. Litvak: Yes Sir, there were copies submitted by the actuary sufficient
to supply to the Commission at the time the results of the vote were to be
submitted to you. When Mr. Rothstein called, I had actually not recieved the
copies, Ihad a draft from the actuary for our review.
At that time, I told him I did not know if they were going to go directly to
the Commission or go to the Committee for them to consider.
When the Committee n_.t afterwards, we supplied the committee with copies of
the report and told any companies that inquired that they could examine the
report the same as they could examine the bid.
Copies of all the bids are available in our office and Mr. Rothstein saw copies
of all the bids. He could also see a copy of this report.
Mr. Plummer: Do you have anything else to add Mr. Litvak?
Mr. Litvak: No Sir.
Mr. Rothstein: May I add one thing. That statement by Mr. Litvak - its not
his fault because it comes from an insurance company oriented actuary.
Itis a gross misrepresentation because its based on one fact and one fact alone.
That the City of Miami has a number of retired employees who don't live in the
City of Miami and that particular statement was not made in the SPECS.
Well in any event, the Actuary just assigned some arbitrary dollar value to
that kind of service. One of the things we wanted to explain to you gentlemen
is the fact that all HMOs have outside county coverage in these circumstances
and we happen to be one of the biggest. Mutual of Omaha. All of these things
are the reasons why I want to sit down with theese gentlemen, and really
explain to them what they have in front of them written in the bid because its
obvious to me they don't understand it. All I know, is I calculate out that
it costs with Equitable for one person - one employee with no dependents.
The cost is $461.00 - the city and the employee. For the HMO its $310.00.
There are similar savings down the line.
7o
JAN '91975
Black and white - there it is. I don't read differently than Mr. Litvak does.
The dollars and the figures speak or themselves.
Now if we are going to have to do __t in Court, we will do it in Court.
I am trying to prevent their program from being delayed all that time it will
take in litigation. I am saying, we are the low bidder and they don't
understand that we are the low bidder.
Mr. Harrison: If I could address the Commission on one point. These HMOs are
probably the coming thing as the Mayor indicated but there is a federal law and
they said guidelines are coming down. I have yet to see them. I would like to
ask Mr. Rothstein if he has a set of the guidelines that show that his compar..y
is qualified under those guidelines.
Mr. Rothstein: The preliminary guidelines and I will refer you to Department
of Health, Education and Welfare Public Health Service, Health Service Admin-
istration, Rockland, Md.- Office of the Administrator - Qualification of HMOs
under section 13 PL-222 Fact Sheet, December 19, 1974 - the preliminaries have
been done and prepared and we do qualify. The final ones, the anticipated date of
final regulations will be activated when publication in the federal register
in the summer of 1975. Now that means if the law covers the City of Miami,
that immediately thereafter, you will have to offer any employee who wants to
be in an HMO, the right to be in one regardless if you have an insurance
program besides, which means all your figures and all your ratios that you oblicated
yourself to with Equitable will fall down and break down.
Mrs.Gordon: What date did you say?
Mr. Rothstein: Summer of 75.
Mr. Harrison: What we are ask you to do is to implement increased benefits as
soon as possible as the results of the vote have to be by State Law, a certain
figure, percentage, and we are asking you to implement this as soon as possible
and when those guidelines come down and they say that this is what you got to
do and they say to these companies, these are the qualifications that they have
to meet, the committee is still going to be here and we will sit down and talk
with all the HMOs and see if it is a better package.
In our opionion, the best package we had before us was the one presented by
Equitable in accordance with the SPECS we wrote.
That was our decision and that was our recommendation.
Mr. Rothstein: When you don't understand something, its easy to go with the
regulations and the SPECS you have been working with for a year and a half.
I don't see how thiF Commission in good conscience can let the employees vote
on a program that has a $100 deductible that they must pay out of their own
pocket first. If they get into a serious operation, out of the first$5,000,
they got to pay $1,000 and on and on and on; when there is an alternative plan
to be given to those employees at the lower levels of income in the City which
they don't have to pay one red cent from beginning to end.
Now if that's a fair vote, Idon't think so.
Mr. Plummer: Maybe this is irrelevant to what's before us right now but the
thing that is bothering me Mr. Andrews. I was the one that moved that this
committee be formed to make recommendations. Now making recommendations and
writin SPECS and sending them out and going for a vote, is two different things
in my estimation. I have got to ask the obvious question. Do we have the money
to cover what these people have written into SPECS since we have not had the
opportunity to see the SPECS.? I don't know whats in that new package.
Mr. Andrews: Yes, you will remember that we were real careful and they were in
the writing of the specifications, that they wrote a basic policy with alter-
natives to be added so that with those alternatives added, it would not exceed
the money that the Commission had committed for insurance proposals and that
has been followed.
7 4
JAN - 91975
Mr. Plummer: SO its the Commission's decision as to what alternatives are added.
Mr. Andrews: And it will not exceed the budgetary requirements that you established.
Mr. Harrison: To refer you to the contract negotiations I believe, made provision
for insurance - states that the Commission would accept the recommendations of the
committee. You did set up the committee and then through contract negotiations -
Mr. Plummer: Accepting the recommendations is nothing. We can accept your
recommendations but we don't hava to implementthem. Big difference.
Mr. Harrison: As a matter of fact, at your next Commission Meeting, this whole
thing was going to come up to you for decision. All the facts, the reports,
the result of the vote and everything -
Rev. Gibson: I want the employees to get the maximum for their money.
I want them to have all they could get so that later on, having to work like a
dog, that if they get sick, their savings isn't going into medical care because
I see it happening everyday in my congregation.
Please, all I am asking you to do is to look over well if this is not a violation
of, for God sakes, get all you can for the people. For you.
Mr. Harrison: That'a5 what we have been working for 2 years on and as Chairman,
I have been contacted by a lot of people. And Mr. Rothstein, you did not contact
and request a meeting with this committee until today.
Mr. Rothstein: That's not so because it was included in our bid.
Mr. Naples: Based on some of the things Mr. Andrews said earlier, obviously this
committee, if we go along with what Mr. Rothstein said a little while ago, if we
have been spinning our wheels. Maybe what you ought to do is to sit down with
the Commission and I am not trying to be fecitious or anything but we have spent
2 years doing this thing. We came up and we feel that we are committed to doing
what we have put up to a vote. Now when these guidelines come down, and notwithstanding
the lawsuit that you are talking about, Mr. Rothstein, in holding the employees to
the package they have and all the other things, then maybe that's what you ought
to do. SIt down with the Commission and work this thing out nd give the employees
whatever you and the Commission decide they ought to have.
Mr. Rothstein: Let me tell you something. You are a good friend of mine and I
think you just set forth the problem here. You have worked so hard on it and so
long on it, that you are really not flexible enough to see the benefits that can
be gotten for the employees -
Mayor Ferre: Alan, I am going to tell you something so that we understand each
other. You know that I have a great deal of respect. I have publically said so
and continue to say so for you and your ability and your service to this City of
Miami Commission. Gene Naples, Bill and all the people who are involved with the
City are also friends of mine. They got to live with this thing.
We are now between friends but they are the ones that are affected and we make
the final decision but I am telling you right now that I am not going against
what the employees of the City of Miami want to do -
Unless they are wrong.
Mr. Rothstein: The employees of the City of Miami have never been given the
opportunity to find our about it.
Mayor Ferre: That's different. We could have cut all this 20 minutes of talk here
if you would agree to sit down and talk to him. I don't see whats wrong with that
in the first place.
Mr. Harrison: I don't object to sitting down and talking to him.
Mayor Ferre: Then what are we wasting time for?
TJ
JAN -91975
Mt, Harrison: WHat we are asking for) is the results of the election Ptiday-
Mr. Plummer: "ow much is it gotn, to cont.. Paul? uac•r much?
Mr. Andrews: Its already budgeted.
Mr. Plummer: Now much?
Mr. Andrews: $35,000.
Mayor Ferre: Is there a motion?
Mayor Ferre: Listen, I am not for stopping the election. Nobody has recommended
that,
Mr, Rothstein: May I make a suggeFtion Mr, Mayor? Its obvious) that when they
have the election, there is going to be a vote in favor because that is the only
sensible thing when you have a bad altrrnative ;y the old plan and a better
alternative in the Equitable Plan, evt'body is going to vote for the better one,
My point is, I would suggest since the Commission wants them to have a vote,
let then have the vote, since that is )otng to be their recommendation, but that
is not necessarily what the Commission is going to implement and sine I am going
to be here as the low bidder when they ::came to ask you to implement their.
recorir•c2ndatious, I think it appropriate that you tell them that they should s t
;=u:i meet with us so they can be :d'irated so I don't have to educate -
Mr, Plummet: I think we are really fighting each other here an we don't need
to. They have agreed to sit down and talk with them. No can you do that
between now and that next Commission Me.;ing?
Mr. Harrison? Yea, but not before the .ote is taken.
Mayor Ferre: Nobody io-> saying that.
Mr. Plummer: Without the vote, there might not be any changes made atall.
Mayor Ferre: Thank you very much.
Mr. Plummer: Between now and the next. Commission Meeting.
ADOPTION OF RESOLUTION AND DIRECTING
30. ASSISTANT CITY MANAGERS - MANAGER TO INSTITUTE AN AFFIRMATIVE
ACTION PROGRAM JAN • 9 1975
Mr. Plummer: Question. When you put on another Assistant City Manager, which
is basically what you will be doing.
Mr. Andrews: Mr. Hays will be the second -
Mrs. Gordon: WHen you finish, I want tc say something.
Mr. Plummer: I hate to use the word reduced but he will be changing classification.
Mr. Andrews: Titles.
Mr. Plummer: Titles. Is his pay changed?
Mr. Andrews: No, the same.
Mr. Plummer: The new man that you propose to put on. Is he on the same level?
Mr. Andrews: He may be slightly higher, I don't know. Mr. Hays recognizes that.
Mr. Plummer: Are you telling me that the one additional man, the maximum cost
will be how much?
Mr. Andrews; $38,000 to $39,000.
7
JAN " 91975
Mtn:. Gordon: I have a point that is very important and .i,L, said it for Me.
He said are you going to put the next man on? Mt. Andrews, I looked through
your program and you don't have a single woman in any authotatitive position
in your entire administrative fystem outside of secretaries,
Are you going to put on a woman for this position?
Mt, Andrews: I don't know.
Mts. Cordon: I want to tell you tight now that we do not have a fair
representation in the executive positions of this city government of woweo.
I am going to vote against this unless you -
Rev. Gibson'. Mr, Andrews, I don't see no Blacks,
Mayor. Ferre: I don't see any Latins.
Mr. Plummer: I don't see :uiy Key West Conchs,
Mrs. Gordon: We better defer this kind of a thing until we can get an affirmative
answer.
Mayor Ferre: Now, now Rose, please may I say something about this, listen.
Mr. Andrews has been trying to do this for the year and a half that I have
been around and the poor man, we keep stalling him and stalling him.
Now let me tell you that what in effect wants to do as Iunderstnad, is to
transfer Cliff Hays from one position to another. Now, , the second thing he
wants to do, is he wants an opening because we are getting involved in so many
things and I know Mr. Andrews is overworked. These people here are much too
overworked and we need another man to, in that area so that we will have each
one of these :segments covered and that is his intention.
You are not saying that you are precluding a women from this are you?
Mr. Andrews: No, I am not.
Mayor Ferre: Or a Black or a Latin. Do you have somebody that you have selected?
Mr. Andrews: No.
Mayor Ferre: Have you selected somebody, have you come to an agreement with
somebody?
Mr. Andrews: No Sir.
Mrs. Gordon: Do yov have an affirmative action officer?
Mr. Andrews: In fact, the affirmative action officer is one that I was hoping
would be a woman. We have slanted everything to try to get a women in that
position.
Mrs. Gordon: Fine, that's one thing.
Mr. Plummer: I object.
Mrs. Gordon: I was a token woman on a board of directors yesterday, it was a
big joke 1 out of 22.
Rev, Gibson: You know, Mr. Andrews, I think you have to come to the Commission
and ask this Commission to adopt an affirmative action program and I think 30
days is ample. The government has told us this for all this time and we haven't
done a doggone thing about it.
Mayor Ferre; If you make the motion, I will second it but lets get this one
through first.
Rev.Gibson: I don't want Mr. Andrews to think that I am just talking, I didn't
want to bring this up but since it came up, what really troubles me about this
city, we know what is right but not many of us have the backbone or the stamina
to do what's right and that worries me.
JAN w9197
t am going to make a motion before you get this Money here, I want A Motion
that within 30 days, the Manager comes back to this Cothtnissioti with an
affirmative action program. That is mandated by the federal governtflnt and
you been getting all that federal money and you haven't had one:
The following motion was introduced by Commissioner Gibson who
moved it: adoption:
MOTION NO. 75.-17
A MOTION INSTRUCTING THL CITY MANAGER TO
PRESENT TO THE COMMISSION WITHIN THIRTY
DAYS HIS RECOMMENDATIONS FOR AN AFFIR-
MATIVE ACTION PROGRAM
Upon being seconded by Commissioner Gordon, the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
Mr. Plummer: How are you going to design a program?
Mr. Andrews: You can do it on the basis of objectives and policies.
Mayor Ferre: All you have to do is copy the mandate.
Will somebody make a motion on 19 now so we can move ahead?
Mr. Reboso: I move it.
Mr. Plummer: I rim going to look out for Cliff Hays and I ill go along with
this at a maximum of $35.000 a year.
Mr. Plummer: Cliff Hays makes $37,000. He has been here, he's been in this
job.
Mayor Ferre: let the manager worry about that and then we will vote on it
when he gets -
Mr. Plummer: no, you lose control right now baby.you either set it right now
or we give it back to him.
Mayor Ferre: Make it so that it is no more than $40,000.
Mr. Plummer: No Sir, then tell me that Cliff Hays is going to make $40,000.
Mayor Ferre: You can always bring that up at any time you want.
Mrs. Gordon: I move this item be tabled unless we can get an agreement from
the Manager that it isn't just going to be a man that is going to be considered
for this position regardless of salary.
Mayor Ferre: All right, would you make a statement on the record that you will
consider a woman and that you are not just considering a man?
Mr. Andrews; I will consider a Woman, a Black, A Latin, A Man - anyone who
has the qualifications to carry out this activity. I promise you that.
Mrs. Gordon: You don't have an affirmative action officer. How are you going
to follow that? What are you going to do to find this qualified person?
78
JAN ' 91975
Mr, Andrews: You ate talking about 2 different things now, You ate talking about
an affirmative action officer which t would favor having a woman fill that position.
I have already stated that.
Mrs. Gordon: But you wouldn't favor an assistant manager?
Mt, Andrews: 1. just said, in the assistant manager position for this particular
position, I will accept a than, woman, whether they be black or
Mrs. Gordon: And I asked you how ate you going to look for that person,
Mr, Plummer: The best qualified.
Mrs. Gordon: Where are you going to look and how are you going to propose to
find one?
Mr. Andrews: By advertising a,,c' doing all those things to attract people and get
their applications in to try to achieve the best person for the city.
Mayor Ferre: We have a motion with no second.
Mr. Plummer: If you don't accept my amendment, then I got to vote against it.
Mayor Ferre: There is no second to it yet.
Mrs. Gordon: Repeat your amendment J.L.
Mr. Plummer: My amendment is for a maximum salary of $35,000.
Mayor Ferre: J.I.., I don't think that's fair.
Mr. Plummer: Well why don't you think its fair.
Let me tell you something. I don't know of any company in the United States
that is hiring. Now if we are going to hire, I am going to set the salary of
or we ain't going to hire.
Mrs. Gordon: 1 think this whole thing ought to be tabled.
Until after we have had the opportunity to hire an affirmative action officer
and until we have begun an affirmative action program.
Mayor E•erre: The problem with all :if that 1; that we have been tabling it for
a year and ahalf.
Rev.Gibson: Yes b•., nobody came to take the first step, they took the 2,3,4,5
and nobody ever got there first. I sit here fuming because I know that a part
of the Booz-Allen program had reference to that and nobody wants to face that.
Isn't that right Mr. Andrews?
Mrs. Gordon: I am going to table this for 30 days.
Rev. Gibson: I second the motion.
Mr. Andrews: You know Mr. Mayor and Members of the Commission. We have spent
all this time with Booz-Allen to begin doing things fpr the Clty including
Community Action Programs, Affirmative Action Program, restructuring the City
and we have really accomplished very little. Very little.
Unless we get moving and get some of these things done, we are just going to -
Mr. Plummer: Mr. Andrews, let me tell you something old buddy. I am going to
revert you back to about 4 years ago when Booz-Allen was first hired. We have
done very little of what Booz-Allen hag recommended.
I think I will refer you to my statements when Booz-Allen was initially hired.
These people will come in and make proposed changes but we don't have to agree
with their proposed changes. Now one of the biggest proposals they make, the
voters turned down - the Deputy City Manager Program.
We didn't turn it down - they did.
JAN • 91975
Now the rest of the t oposa i I hays sa td here publical ly- the Hutfian Resources
I don't agree with.
Mwsior Ferre: J.L. - please, Reboso is sick and I at leaving in 35 Minutes
and if you want to table it - table it but lets move it.
Well then take your motion.
All right a motion has been made to table and seconded dill the roll.
Mr. Southern, City Clerk: Rev. Gibson?
Rev. Gibson: Yes.
Mr. Southern: Mrs. Gordon?
Mrs. Gordon: Yes.
Mr, Southern: Mr. Plummet?
Mr, Plummer: NO.
Mr. Southern: Mr. Reboso?
Mr. Reboso: NO.
Mr. Southern: Mayor Ferre?
Mayor Ferre: NO - all right now, is there a motion?
MR. Reboso: I move we approve 19 as is.
Vice Mayor Plummer: Is there a second to the motion?
Is there a second to the motion?
Mayor Ferre: Is there a second to what motion?
Mr. Plummer: Mr. Reboso's.
Mayor Ferre: I second the motion.
Mr. Plummer: Wait a minute, I may have made a mistake. Does the Commission
reserve the right to set the salaries of the Assistant City Managers?
Mr. Andrews: Yes for Assistant City Managers.
Mr. Plummer: Fine, I will vote for it.
Mrs. Gordon: I am going to state right now Mr. Andrews, I will put you on your
honor and I will expect you to search for a qualified woman and I mean to make
a real effort to search for one.
Mr. Andrews: And not a qualified man?
Mrs. Gordon: I am asking you to search for a qualified woman because you don't
have a single woman in your entire administration and I think you are in
violation because I believe that you are supposed to have women working in every
department on an equal basis with men.
Mr. Andrews: I can't disagree with you but I am not going to make a commitment
to you that I am going to -
Mrs. Gordon: I'm not asking you to fire anybody thats on board hut you are
looking for a new person and I am asking you to look for a qualified woman.
Yellow, Green, Purple, Black, White - I don't care what color.
Mayor Ferre: Do you agree with that?
Mr. Andrews: No Sir. I am not going to agree that lam just going to look for
a woman,
61/
JAN s 91 75
Mayor Ferre: SHe is not asking you that.
Mr. Andrews: Yes she is.
Mayor Ferre: At the exclusion of a man?
Mr. Andrews: I asked her that.
Mrs. Gordon: But to make a concerted effort.
Mayor Ferre: That's different - call the roll.
The following resolution was introduced by Commissioner Gordon , who
moved its adoption:
RESOLUTION NO. 75-18
A RESOLUTION ESTABLISHING i,.,: POLICY OF THE
CITY COMMISSION OF THE CI' o F MIAMI THAT THE
CITY MANAGER HAS THE AUTH.V l ill TO CREATE THE
POSITIONS 0I ASSISTANT CITY MANAGER FOR
COMMUNITY IMPROVEMENT AND ASSISTANT CITY
MANAGER FOR COMMUNITY DEVELOPMENT
(Here follows body of resolution, omitted
here and on file in the Office of the City
Clerk)
Upon being seconded by Commissioner (Mayor Ferre), the resolution
was passed and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: Let me say that I have heard what Rose Gordon has said and
I agree with her ;A I expect you will male all the effort to find a
qualified person, hopefully a woman, but not at the exclusion of anybody
else and I hope that you find somebody black or latin and I don't mean to
be facetious about it.
31, SELECTION) OF CO;JSULTANT - MINI PARK - /46 W, FLAGLER STREET
JAN - 9 1975
The following motion was introduced by Commissioner Plummer who
moved its adoption:
MOTION NO. 75-19
A MOTION AUTHORIZING THE CITY MANAGER TO
COMMENCE NEGOTIATIONS WITH O'LEARY-SHAFER
AND ASSOCIATES; HENDERSON-ROSENBERG AND
ASSOCIATES; AND EDWARD D. STONE JR., AND
ASSOCIATES IN THAT ORDER OF PREFERENCE
FOR THE DESIGN SERVICES REQUIRED FOR THE
46 WEST FLAGLER MINI PARK
81
JIN "91 75
Upon being seconded by Commissioner Reboso, the motion was passed
And adopted by the following vote:
AYESt Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. I., Plummet
Mayor Maurice A. Ferre
NOES: None.
PERSONAL APPEARANCE - PAS,, ATHLIE RANGE TO DISCUSS ESCORT SERv'C
RENDERED TO FUNERAL HOMES JAN - 9 195
Mr. Andrews: I think, if you wish and for MRs. Range's benefit, I can cover
it in about 2 minutes.
The County Manager has issued a directive which will now permit the Escort
Services to receive an occupational license to provide this service but they
must ar this time, until the law is changed follow all the rules required of
private enterprises in public rights of way.
The City of Miami will continue to give service in this area and we are going
to go a little bit beyond what we had committed that if the service originates
in the City of Miami or terminates in the City of Miami, that those funceral
establishments can depend on the City of Miami escort service.
In addition to that, if a funeral home or facility is located just on the outside
of the City of Miami, and they escort a funeral procession with passengers to
the major area of the City of Miami, down the Trail going out west, and
terminating outside the City but the major travel is through the City, even
in that instance, we will provide the escort service.
Until the state law which we are going to try to assist in getting established -
Mr. Plummer: Paul, all right, now let me tell you what you are getting into.
You say, on or near. Now we got into a big fight here about 3 months ago.
One funeral home is 2 blocks off of a main thoroughfare. The next one is 12
blocks. Now who is going to make the determination?
Mr. Andrews: I realize that.
Mr. Plummer: My Bird Road funeral home is only 30 blocks off the main thoroughfare.
Mr. Andrews: Then I will quickly retract from that and keep it in the
City of Miami.
WHat I had envisioned was, say 2 or 3 blocks outside of the City of Miami
and close enough to the City but when we start getting a mile away or 30
blocks. WHat we would have to do is to write the guidelines of this so that
there is absolutely no misunderstanding.
Mr. Andrews: Mrs. Range would have no problem as I wouldn't because she
exists in the City of Miami and you are into the same problem with the church.
This church is 3 blocks from the City limits. This ones only 5.
The point is, I think he is going to price himself out of business if he allows
it to deviate the existing standards as they stand today.
Now if you want to extend beyond the January 10 deadline, I will concur with
that.
Mrs. Range: What I am really interested in is knowing the point of extension.
How much time are we going to have? And if you can forsee eventually this
thing being permanent circumstance where we can always feel free to call upon
the City.
JAN 91975
Mt. Andrews: This is what 1 am suggesting now. I am going to testate the
proposal as far as the City is concerned so there is absolutely no probleti
or any tnisunderstending nor it leaves no room for interpretation.
That is, the City will continue, on n permanent basis until sotnething else
causes us to. On a permanent basis :it this point, we will provide the
escort service of anything that originates or terminates in the City of Miami.
Mr. Plummer: With the exception though Paul, as was stipulated befog,
that if in fact, it originates or terminates in the City and it happens to go
out to a church out of the City and a se.'ond escort is devised, its still
then to be continued on under an initial contract for an initial call.
WHat t am saying is this. They go from she funeral home in the City out
to a church out of the city. Nov that's one escort. '
Then a second escort later on would be from there to a cemetary in the Coui y.
That would be a second escort.
Mrs. Range: That escort would be ccntng from the City also. Its just a
continuation?
Mr. Plummer: A continuation.
Mr. Andrews: Based on one call for service.
Mrs. Range: That's fine.
Now Commissioner Plummer, you are saying that if we have an escort beginning
in the City, going to a church in the County, continuing from the County to
a Church to a county cemetary, that we can expect a second escort in the City?
It simply means to have at one point, the city can be involved.
Mr. Plummer: Mrs. Range, you know as well as I do what they are trying to
avoid? 2 hours in church when the men are tied up.
Mrs. Range: I understand perfectly and have no objection to that.
We will look forward one day to getting some more men in blue though on the
motorcycles.
CITY OF MIAMI LEGISLATIVE LIASON
33. APPOINT MR. RICK SISSER AS REPRESENTATIVE IN TALLAHASSEE
JAN - 91975
Mr. Reboso: Mr. Mayor, I have received a copy of a letter that says Mr.
Steve Wynn resigned from his position in Tallahassee.
Be has recommended Mr. Rick Sisser to succeed him who I happen to know
very well. There is an important meeting in Tallahassee on the 22nd and
I think somebody should be appointed.
At this time I would like to propose Mr. Rick Sisser.
Mr. Plummer: Second.
Mayor Ferre: Mr. Sisser was past president of the young democrats of
Florida and he has been very active in legislative matters in Tallahassee
and has had several years experience in Tallahassee and I would concur that
we need his type of continuous attention paid to the job.
The action used to be in Washington but with revenue sharing, a lot of the
decisions are being made in Tallahassee and with the kinds of monies that we
are talking about and the things we need here, I would say we need that type
of help in Tallahassee much more than we have in the past and certainly as
much as we do in Washington. It's worked in the past.
Mrs, Gordon; I would ask and encourage you to keep us posted and
communicate with all of us,
Mayor Ferre; Just as Mr. Wynn, when the Legislature is in session, I expect
you to give us weekly report whether in writing or verbally or what have you.
Mr. Reboso; He worked with Steve Wynn so he knows.
Mre. Gordon; We diked that and we appreciated it receiving the communications.
83
tz'
MT. Andrews: l want to point out to the Commission so there will be no
misunderstanding that he will be working vety closely with the City Manager
and the City Attotney, maybe even more with the City Attotney because I
forward things to the City Attorney and he has been our coordinating
representative with the legislative representative.
Mayor Ferre: I have at least 3 or 4 major legislative things that 1 would
like to see regarding the City of Miami and I would like for you Mt. Sis:,er
if you are selected now to make an uppointmet with every one of the members
of this Commission besides the Manager and the Attorney and go ov°r these
different programs so that we can formulate it and I want you to come hack
here before this Commission sometime within the next month or so before the
legislature goes into session in April and discuss our legislative program.
I also want you to meet with the County, ai.th your counterpart in the
County.
Mr. Plummer: Iwould also suggest he meet with Mr. Russ Marchner and also
Ray Sittig who does legislative work also through the Dade an Florida League
which takes care of our package also.
The following motion was intrc'?uced by Commissioner Reboso who
moved its adoption:
MOTION NO. 75-20
A MOTION APPOINTING MR. RICK SISS.R AS THE
CITY OF MIAMI LEGISLATIVE REPRESENTATIVE IN
TALLAHAS S EE
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Commissioner M,uolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
34, ORDERING RESOLUTION: ONNI I HIGHWAY IMPROVEMENT H-4384
JAN - 919/5
The following resolution was introduced by Commissioner Plummer , who
moved its adoption:
RESOLUTION NO. 75-21
A RESOLUTION ORDERING OMNI HIGWWAY IMPROVEMENT
H-4384 AND DESIGNATING THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR
THE COST THEREOF AS OMNI HIGHWAY IMPROVEMENT
DISTRICT H-4384; ALLOCATING THE AMOUNT OF
$5,000.00 FROM THE HIGHWAY GENERAL OBLIGATION
BOND FUND FOR PRELIMINARY EXPENSES
JAN 91975
(Hete follows bod;; of resolution, omitted
here and oft 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 Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummet
Mayor Maurice A. Ferre
NOES: None.
JAN - 9 1975
35, URGE METRO TO EXPEDITE CONSTRUCTION OF STREETS WITHIN THE Ci[Y
INCLUDED IN THEIR DECADE OF PROGRESS BOND ROAD PROGRAM ETC,
The following resolution was introduced by Commissioner Plummer , who
moved its adoption:
RESOLUTION NO. 75-22
A RESOLUTION URGING THE METROPOLITAN DADE COUNTY
COMMISSION TO EXPEDITE THE CONSTRUCTION OF THOSE
STREETS WITHIN THE CITY OF MIAMI INCLUDED IN THEIR
"DECADE OF PROGRESS" BOND ROAD PROGRAM AND TO
REQUEST CERTAIN ROAD AND BRIDGE PROJECTS IN THE
CITY OF MIAMI AREA, AS LISTED HEREIN, TO BE
INCLUDED IN THE 1975-76 STATE DEPARTMENT OF TRANS-
PORTATION BUT)CET, INCLUDING RECOMMENDATIONS MADE
BY THE CITY OF MIAMI FOR NEEDED ROAD AND BRIDGE
PROJECTS FOR THE FOLLOWING FIVE (5) YEARS AND ALSO
REQUESTING DADE COUNTY AND THE STATE DEPARTMENT OF
TRANSPORTATION TO TAKE THE INITIATIVE TO IMPLEMENT
PRELIMINARY ENGINEERING STUDIES OF THE MUTUALLY
RECOMMENDED ROAD AND BRIDGE IMPROVEMENTS FOR DOWN-
TOWN MIAMI - A CONCEPTUAL TRANSPORTATION PLAN -
DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS
RESOLUTION TO THE PROPER METROPOLITAN DADE COUNTY
OFFICIALS
(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 Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
JAN 91975
WUIf1Ul�cc.tf�v t�.�......r� �•
TO ALLONI .,IATIONS/bEVIATIONS OF
3E , AMEND SEC 5� OF TiIE CODE REPLACING CONSTRUCTING �S,I DE,%�\L�S
CURBS AND GUTTERS AND -0 EXECUTE COVENANTS JE"'I U
AN O';n 1 tiAN;.E ENTITLED -
AN ORDINANCE AMENDING S:::TION 54-34.1 OF THE
CODE OF THE CITY OF MI:1:•tI BY AUT1lORITIZING THE
DIRECTOR OF PUBLIC WORKS 'I'O ALLOW VARIATIONS
AND DEVIATIONS OF REPAIRING, RE: LA'ANU OR
CONSTRUCTING SIDEWALKS ANi)/OR CUR AND (;UTTERS
AND TO EXECUTE A COVENANT: f; REPEALING ALL ORDIN 1NCE.S
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING THAT IF ANY SECTION, CLAUSE, OR SUfl-
SECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT
SHALL NOT AFFECT THE REMAINING PROVISIONS;
PROVIDING FOR AN EFFECTIVE DATE
Was introduced by Commissioner Gibson and seconded by Corimis:.ioner
Plummer and passed on its first read i:ig by title by the following vote:
AYES: Commissioner Manolo Rvi'nso
Commissioner Rose Gordon
Commissioner (Rev.) 'Th odore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice: A. Ferro
NOES: Ncn
e.
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.
AUTHORIZING DIRECTOR OF PUBLIC WORKS TO APPROVE,
ACCEPT AND RECORD IN THE PUBLIC RECORDS OF
37. AMEND RES. 72-E1. DADE COUNTY, FUTURE COVENANTS TO RUN WITH 9 AInr
WITHOUT INDIVIDUAL RESOLUTIONS JNid
The following resolution was introduced by Commissioner Gibson , who
moved its adoption:
RESOLUTION NO. 75-23
A RESOLUTION AMENDING RESOLUTION NO. /2-51 AND
AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF
PUBLIC WORKS OF THE CITY OF MIAMT TO APPROVE,
ACCEPT AND RECORD IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, FUTURE COVENANTS TO RUN WITH
THE LAND RELATING TO THE CONSTRUCTION, INSTALL-
ATION AND MAINTENANCE OF TEMPORARY SANITARY
SEWERS, LATERALS OR FORCE MAINS, USING THIS
RESOLUTION AS AUTHORITY, WITHOUT THE NECESSITY
OF OBTAINING INDIVIDIAL RESOLUTIONS, SUBJECT
TO CERTAIN REQUIREMENTS
(Here follows body of resolution, omitted
here and on file in th, 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 Role Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice' A, Forte
NOES: None.
8b
JAN -D9 5
ACCEPTING CO �_r_ CI) �JOf i; - L1J MUS PARK-: NUFrLE OARt COURT
RESURFACING - 1974 JAN 0 1U/5
The following resolution was introduced by Commissioner Gibson 3 who
moved its adoption:
T; 'AvUrT r_ON no. 75-24
A RESOLUTION ACCEI'TTN( THE COMPLETED WORK PERFORMED
BY P ISC \YNE CONS'CI'UCTION, INC., AT A TOTAL COST 0
$7 ," 1. Oo AND AUTHORIZING A FINAL PAYMENT OF $79] .l0
FOR LUL`1NUS PARK - SHIJFFLEBOARD COURT RESURFACtNG-1974
(Here follows 1>ddy 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 Rose Gordon
C-)mmissioner (Rev.) Theodore Gibson
Vice Mayor J. L..Plummer
Mayor Maurice A. Ferre
NOES: None.
39, DENYING CERTAIN CLAIMS AND DIRECT CITY ATTORNEY TO DEF F,11V I �
ly/5
� '�
The following resolution was introduced by Commissioner Gibson , who
moved its adoption:
RESOLUTION NO. 75-25
A RESOLUTION DENYING CER':AIN CLAIMS AND DIRECTING
THE CITY ATTORNEY TO DEFENT ANY SUIT BROUGHT
FOR THE RECOVERY OF DAMAGES ARISING OUT OF SAID CLAIMS
(Here follows boil:, 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 Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
O7
JAN .9 975
JAN a' 9 1915
JOHN C. TOMICK
40. .-YEAR EXTENSION OF EMPLOYMENT CARPENTER' -JOURNEYMAN
PUBLIC FACILITIES DEPARTMENT
The following resolution aas introduced by Commissioner Gibson , who
moved its adoptioflt
RESOLUTION N0. 75-26
A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF
EMPLOYMENT PAST THE AGE OF SEVENTY-TWO (72) FOR
JOHN C. TOMICK, CARPENTER JOURNEYMAN, DEPARTMENT
OF PUBLIC FACILITIES, EFFECTIVE ON HIS BIRTH DATE
FEBRUARY 1, 1975 THROUGH FEBRUARY 1, 11)76, WITH
THE PROVISION THAT IN THE EVENT OF A ROLLBACK OR
LAYOFF, MR. TOMICK, RATHER THAN A JUNIOR EMPLOYEE
WOULD BE AFFECTED
(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 Rose Gordon
Commissioner (Rev.) Thaodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
Mayor ferre stated it was his opinion that these extensions should not be granted
on persons at age 70 except in occupations !.Juch as dockmaster and that a 70 year
old man should not be asked to to the same work as a man much younger.
UNITED SANITATION SERVICES
NATHAN SAUNDERS
PORFIRIO HERNANDEZ-P,H.UASTE DISP.
41, ISSUE WASTE COLLECTION LICEIJSES:JUAN HERRERA
WASTE DISPOSAL JAN - 9 19/5
The following resolution was introduced by Commissioner Gibson , who
moved its adoption:
RESOLUTION NO. 75-27
A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE
COLLECTION LICENSES TO UNITED SANITATION SERVICES;
NATHAN SAUNDERS; PORFIRIO HERNANDEZ d/b/a/ P. H.
WASTE COLLECTION SERVICE; JUAN HERRERA; AND WASTE
DISPOSAL
(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 Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J, L. Plummer
Mayor Maurice A, Ferre
NOES: None.
JAN " 91 75
42. APPOINT ADDtttONAL MEMBERS
f
CITY OF MIAMI COMMITTEE ON ECOLOGY
J ;I"l 9 1975
AND BEAUTIFICATION
The foilotaing resolution was introduced by Commissioner Plummer $ who
moved its adoption:
RESOLUTION N0, 75-28
A RESOLUTION APPOINTING TWO (2) MEMBERS TO THE
CITY OF MIAMI COMMITTEE. ON ECOLOGY AND BEAUTIFICATION
APPOINTING: Helen Baum, 4236 Alton Road, Miami Beach
Joseph C. Shaw, 8510 Red Road, South Miami
(Here follows body of resolution, omitted
here and on file in the Office of the City
Clerk)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by tt.e following vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
43, APPOINT ADDITIONAL MEMBERS
COMMITTEE TO ASSIST EX -OFFENDERS
JAN - 9 1975
The following resolution was introduced by Commissioner Gordon , who
moved its adoption:
RESOLUTION NO. 75-29
A RESOLUTION APPOINTING THREE (3) ADDITIONAL MEMBERS
TO ASSIST EX -OFFENDERS RELEASED FROM PENAL INSTITUTIONS
APPOINTING: Mr. Franklin Mc Kain
Mr. T. Willard Fair
Mr. A. Randall Tiggett
Mr. William S. Cooper
(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 Rose Gordon
Commissioner- (Rev,) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A, Ferre
NOES: None.
JAN 1975
MAHt` SHRItt TEMPLE
CIRCUS
ISSUE PERMIT FOR AMUSEMENT RIDES FLAGLER KENNEL CLUB
75
The following resolution was introduced by Commissioner Plummer , who
Moved its adoption:
RESOLUTION N0. 75-3C
A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT
TO THE MAHE SHRINE TEMPLE TO CONDUCT A CARNIVAJ,
IN CONJUNCTION WITH ITS ANNUAL CIRCUS TO BE HELD
AT FLAGLER KENNEL CLUB ON FEBRUARY 7 THROUGH 16
1975, SUBJECT TO CERTAIN TERMS AND CONDITIONS
(Here follows body of resolution, emitted
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 Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
PURCHASE OF 20 SWING GRATES
AND SWING GRATE SHAFTS
45, RATIFY.PCTION OF CITY MANAGER FOR.DEPARTMENT OF SANITATION
JAN - 1975
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 75-31
A RESOLUTION RATIFYING AND CUNI'1RMING THE AUT1ON OF THE CITY
MANAGER IN APPROVING EMERGENCY PURCHASES FOR THE FURNACES
AT THE P`:PARTMENT OF SANITATION; AUTHORIZING AND DIRECTING
THE PURCHASING DEPARTMENT TO ISSUE TWO PURCHASE ORDERS FOR
TWENTY (20) SWING GRATES AT $1,450.00 AND TWENTY SWING GRATE
SHAFTS AT $1.360.00, TOTALING $2,810.00 TO U.S. FOUNDRY
FROM FUNDS PROVIDED IN THE 1974-75 BUDGET
(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 Rose Cordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
IT iI Q MC
t
WAIVE RENTAL FEE
BAYFRONT PARK BANJSHELL FEB. 2 1975
FLORIDA JEWISH WAR VETERANS OF UbS.A.
JAV - 9 1975
The following resolution was introduced by Commissioner Gibson who
moved its adoption:
RESOLUTION NO. 75-32
A. RESOLUTION AUTHORIZING THE WAIVING OF THE RENTAL FEE VCR 1HE
USE OF BAYFRONT PARK BANDSI1ELL ON FEBRUARY 2, 1975 FOR A MEM-
ORIAL SERVICE BY THE FLORIDA JEWISH WAR VETERANS OF THE U.S.A.
SUBJECT TO ADVANCE PAYMENT OF A SPECIFIED AMOUNT FOR EVENT
PERSONNEL, LIGHTS, INSURANCE AND OTHER DIRECT COSTS BORNE BY
THE CITY
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Up:+n being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following rote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
STATE OF FLORIDA TO AID IN THE
ACQUISITION OF LAND FOR
47, AUTHORIZE GRANT APPLICATION — LATIN COMMUNITY RIVERFRONT PARK
JAN - 91915
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 75-33
A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION
TO THE STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES
FOR A LAND AND WATER CONSERVATION GRANT TO AID IN THE
ACQUISITION AND DEVELOPMENT OF THE LATIN COMMUNITY RIVERFRONT
PARK
(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 Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
IA RI t11f
16 JAN-9197
CQNVEL CEO � L Nb LO ATEb fi
�SUU L ��� �
tl. SOUtH FIVER _RIVEy
48i AUtHoRIZE REcoRbING OF DEED FROM METROPOL1?AN bADE COUNTY FUR PARK
The following resolution was introduced by Cununissi.oner Gibson, who
toyed its adoption:
RESOLUTION N0. 75-34
A RESOLUTION ACCEPTING QUIT CLAIM DEED PROM DADE COUNTY,
FLORIDA, CONVEYING TO THE CITY OF MIMI, LOTS 3A, 4A,5A,
6A AND 7A OF TWIN RIVER ISLAND, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 40, AT PAGE 84, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TO BE DEVELOPED
AS A NEIGHBORHOOD PARK BY APRIL 1, 1977 AND DIRECTING
THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAME
IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
ALLOCATING ADDITIONAL $3,628 FOR
49. EXECUTE CONTRACT MUNICIPAL JUSTICE BUILDIfG COMPUTER ROOM
IMPROVEMENTS JAN - 91975
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 75-35
A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY
MANAGER IN EXECUTING A CONTRACT WITH FOSTER ELECTRIC CO.INC.
FOR THE MUNICIPAL JUSTICE BUILDING -COMPUTER ROOM IMPROVEMENTS;
AND ALLOCATING THE ADDITIONAL AMOUNT OF $3,628 FROM THE ACCOUNT
ENTITLED "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS" FOR
THE MUNICIPAL JUSTICE BUILDING COMPUTER ROOM IMPROVEMENTS
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
J/N •91975
50i EStA$ ISH1NNGAMENDIGBCE C(ULItURAL�RT ARTS 27 IN
LIC DuiCCHANGINGSTHE TERM OF
THE COMMITTEE FROM ONE TO TWO YEARS JAN " 9 1975
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 8227 RELATING
TO ART IN PUBLIr BUILDINGS BY DELETING SECTION 5
THEREOF WHICH ESTABLISHES A CULTURAL ARTS ADVISORY
COMMITTEE AND SJBSTITUTING A NEW SECTION 5 THEREFO:
CHANGING THE TERM OF THE COMMITTEE IS TO SERVE
FROM ONE YEAR TO TWO YEARS
Was introduced by Commissioner Gibson and seconded by Commissioner
Reboso and passed on its first reading by title by the following vote:
AYES' Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
51, APPOINTING NEW (MEMBERS Te CULTURAL. ARTS COMMITTEE
The following resolution was introduced by Commissioner
Gibson, who roved itc adoption:
RESOLUTION NO. 75-36
A RESOLUTION APPOINTING NEW MEMBERS TO THE CULTURAL ARTS
ADVISOR'. COMMITTEE
JAN - 9 1975
(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 followine vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
APPOINTED:
Nrs. Nora Swan - Chairperson
E. Albert Pallot
Gorge Khuly
Stewart S. Boravay
Ken. Treister
9;3
JAN "91975
it
52. EXECUTE CONTRACT FOR PROFESSIONAL SERVICES INCONNECTION WITH
MIAMI COMPREHENSIVE NEIGHBORHOOD DEVELOPMENT PLAN JAN = 9 1975
The following resolution was introduced by Commissioner Plummer, who
Moved its adoption:
RESOLUTION N0. 75-37
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH WALLACE,
MC HARG, ROBERTS AND TODD, TO PROVIDE PROFESSIONAL AND
TECHNICAL SERVICES REQUIRED TO PREPARE THE MIAMI COMPREHENSIVE
NETGHBORHOOD DEVELOPMENT PLAN; AND SETTING THE TOTAL FEE TO
BE PAID FOR SUCH PROFESSIONAL AND TECHNICAL SERVICES AT
$385,000.00
(Here follows body of resolution, omitted here and on file
in the Office of the City ('Lerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Ma polo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre, NOES: None
53, ADDITIO;JAL APPROPRIATION $1010,00 CONSULTANT SERVICE FOR
SOUND REINFORCEMENT SYSTEM IMPR(VEMENTS JAN - 9 19/5
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING APPROPRIATION ORDINANCE No.
8316 ADOPTED OCTOBER 10, 1974 TO PROVIDE FOR THE
ADDITIONAL APPROPRIATION OF $1010.00 FROM THE
ORANGE BOWL FUND BALANCE TO COVER THE COST OF
CONSULTANT SERVICE FOR SOUND REINFORCEMENT SYSTEM
IMPROVEMENTS FOR THE ORANGE BOWL STADIUM; REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT; CONTAINING A SEVERABILITY PROVISION;
PROVIDING AN EFFECTIVE DATE
Was introduced by Commissioner Gibson and seconded by Commissioner
Plummer and passed on its first reading by title by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
94
JAN 91975
•
BAN - 9 19/5
540 WAIVE RECREATIONAL USE FEE - ROBERT KING HIGH CAMPING AREA
SOUtH FLOW WA GOUNC t L OF $OY SCOUt5
The following resolution was in:roduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 75-38
A RESOLUTION WAIVING THE RECREATIONAL USE FEE FOR ROBERT KING
HIGH PARK CAMPING AREA FOR THE SOUTH FLORIDA COUNCIL OF BOY
SCOUTS ON THE WEEKEND OF JANUARY 25, 1975 FOR THE PURPOSE OF
HOLDING THE LINCOLN-MARTI CAMPOREE
(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 adapted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
55, AWARD BID - BAY CREST HIGHWAY IMPROVEMENT H-4373
JAN - 91975
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION O. 75-39
A RESOLUTION ACCEPTING THE BID OF L.C. MORRIS INC., IN THE
AMOUNT OF $186,441.08 FOR THE CONSTRUCTION OF BAY CREST
HIGHWAY IMPROVEMENT H-4373 IN BAY CREST HIGHWAY IMPROVEMENT
DISTRICT H-4373; ALLOCATING THE AMOUNT OF $135,991.66 FROM
"HIGHWAY BOND FUNDS" AND THE AMOUNT OF $50,449.42 FROM
"STORM SEWER BOND FUNDS" TO COVER THE CONTRACT COST; ALLOC-
ATING THE AMOUNT OF $13,599.17 FROM "HIGHWAY BOND FUNDS"
AND THE AMOUNT OF $5,044.94 FROM "STORM SEWER BOND FUNDS"
TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING THE ADDIT-
IONAL AMOUNT OF $719.17 FROM "HIGHWAY BOND FUNDS" AND THE
AMOUNT OF $1,008.64 FROM "STORM SEWER BOND FUNDS" TO COVER
THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES
AND POSTAGE; 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 Plummer, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
JAN �91975
It 4
50. AWARD BID - hi E. q COURT HIGHWAY Ir�PROVErE�VT H-L360
IG
PORTION
$521, 4,02, 70 JAN ` 9 1975
The following resolution was introduced by Commissioner Plufmnec, who
totted its adoption:
RLSOLUTION NO. 75-40
A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS COMPANY
IN THE AMOUNT OF :.541,402.70 FOR THE CONSTRUCTION OF
N. E. 4TH COuLT HIGHWAY IMPROVEMENT H-4360 (HIGHWAY PORTION)
BID "A"; ALLOCATING THE ADDITIONAL AMOUNT OF $371,402.70
FROM THE ACCOUNT ENTITLED "HIGHWAY BOND FUNDS" TO COVER ,
THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT
OF $10,428.50 TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID ACCOUI [' THE AMOUNT OF $10,428.49
TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES AND POSTAGE; ALLOCATING THE AMOUNT OF $59,961.31
FROM SAID ACCOUNT TO COVER THE COST OF ENGINEERING CONSULTANT
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 Reboso, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodora Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
57, AWARD BID - N. E. 4 COURT HIGHWAY IMPROVEMENT H-4360 JAN - g 1915
STORM SEWER PORTION $595,905.00
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 75-41
A RESOLUTION ACCEPTING THE BID OF SULLIVAN, LONG AND
HAGERTY IN THE AMOUNT OF $595,905.00 FOR THE CONSTR-
UCTION OF N.E. 4TH COURT HIGHWAY IMPROVEMENT H-4360
(STORM SEWER PORTION)BID "B"; ALLOCATING THE AMOUNT
OF $595,905.00 FROM THE ACCOUNT ENTITLED "STORM
SEWER BOND EU NDS" TO COVER THE CONTRACT COST;
ALLOCATING: FROM SAID ACCOUNT THE AMOUNT OF $11,918.46
TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TEST-
ING LABORATORIES AND POSTAGE; ALLOCATING FROM SAID
ACCOUNT THE AMOUNT OF $68,529.08•TO COVER THE COST
OF ENGINEERING CONSULTANT; 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 Reboso, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Cordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES; None
90 JAN 91975
•
58, AWARD BID - N. E. 4 CC'UkT HIGHWAY IMPROVEMENT H=436)
LANDSCAPING PORTION $45,575.00
JAN . 9 1975
The following resolution was introduced by Commissioner Flutters who
moved its adoption:
RESOLUTION NO. 75-42
A RESOLUTION ACCEPTING THE BID OF DUNAWAY, INCORPORATED
D/B/A TROPICAL LANDSCAPE'. CO., IN THE AMOUNT OF $43,575.00
FOR THE CONSTRUCTION OF N. E. 4!H COURT HIGHWAY IMPROVE-
MENT H-4360 (LANDSCAPING PORTION) - BID "C"; ALLOCATING
THE AMOUNT OF $43,575.00 FR+•M TH-; ACCOUNT ENTITLED
"HIGHWAY BOND FUNDS" To COV!'R THE CONTRACT COST; ALLOCATING
FROM SAID ACCOUNT THE AMOUNT' OF $871.44 TO COVER THE COST
OF PROJECT EXPENSE; ALLOCA 1NI; FROM SAID ACCOUNT THE AMOUNT
OF $871.43 TO COVER THE COST OF SOCH ITEMS AS ADVERTISING,
TESTING LABORATORIES AND Pc6TAGE; \L1 GATING FROM SAID
ACCOUNT THE AMOUNT OF $5,011.13 TO OVER THE COST OF
ENGINEERING CONSULTANT; 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 Reboso, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
59, AWARD BID - DRAINAGE PROJECT A-4
$25,775
The following resolution was introduced by Commissioner Gordon. who
moved its adoption:
RESOLUTION NO. 75-43
A RESOLUTION ACCEPTING THE BID OF FLORIDA CONCRETE CONTRACTORS
IN THE AMOUNT OF $25,775.00 FOR THE CONSTRUCTION OF DRAINAGE
PROJECT A-4; ALLOCATING THE AMOUNT OF $25,775.00 FROM THE
ACCOUNT ENTITLED "STORM SEWER BOND FUND" TO COVER THE CONTRACT
COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $2,577.50
TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID
ACCOUNT THE AMOUNT OF $515.50 TO COVER THE COST OF SUCH ITEMS
AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHOR-
IZING 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 Reboso, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES; None
1975
A M . 1Q7;
60 . AWARD B I D
NEW FIRE STATION NO. 6 1975
ALLOCATING $429,000
JAN
The following resolution was introduced by Commissioner Gibson, who
Moved its adoption:
RESOLUTION NO, 75-44
A RESOLUTION ACCEPTING THE BID OF DESIGN CONSTRUCTION CORP-
ORATION IN THE AMOUNT OF $429,000.00 FOR THE CONSTRUCTION
OF NEW FIRE STATION NO. 6 - 1975; ALLOCATING; THE AMOUNT OF
$429,000,00 FROM TAE ACCOUNT ENTITLED "FIRE FIGHTING AND
RESCUE FACILITY BOND FUNDS" TO COVER THE CONTRACT COST;
ALLOCATING FROM SA;D ACCOUNT THE AMOUNT OF $42,900.00 TO
COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID
ACCOUNT THE AMOUNT OF $8,580.00 TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE;
AND AUTHORIZING THE CITY MANAGER Tn 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 Plummer, the resolution was
passed and adopted by the following vote-
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: gone
61, AWARD BID - 500 TOTE CONTAINERS
91975
JAN - 91915
The following resolution was introduced by Commissioner Gordon, who
moved its adoption:
RESOLUTION NO. 75-45
A RESOLUTION ACCEPTINT THE BID OF COUNTY PLASTICS CORP. FOR
FURNISHING FIVE HUNDRED (500) TOTE CONTAINERS FOR USE BY
THE WASTE COLLECTION DIVISION OF THE DEPARTMENT OF SANITATION
AT A TOTAL COST OF $7,250.00; AND AUTHORIZING AND DIRECTING
THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO
ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT IN THE AMOUNT OF
$7,250.00 FROM FUNDS PROVIDED FOR THIS PURCHASE IN THE AMOUNT
IN THE 1974-75 FISCAL YEAR BUDGET
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre, NOES: None
IIM •a 1C7r
62. AWARD BID - 4 TONS OF 20-20-20 WATER SOLUBLE CHEMICAL FERTILIZER
JAN ` 9 19/b
The following resolution was introduced by Commissioner Gibson, who
Moved its adoption:
RESOLUTION NO. 75-46
A RESOLUTION ACCEPTING THE BID RECEIVED FROM WOODBURY CHEMICAL
CO., FOR FURNISHING FOUR (4) TONS OF 20-20-20 WATIR SOLUBLE
CHEMICAL FERTILIZER FOR USE BY THE PARKS DIVISION OF THE
DEPARTMENT OF PARKS AND RI?CREATION AT A TOTAL COST OF $3,040.00
AND AUTHORIZING THE CITY MANAGER TO INSUTRCT THE PURCHASING
DEPARTMENT TO ISSUE A PURCHASE ORDER FOR THIS MATERIAL FROM
UNDS PROVIDED IN T11E 1974-75 FISCAL YEAR BUDGET
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote-
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
63, AWARD BID - TAPE RECORDERS AND TRANSCRIBER AND ALLIED EQUIPMENT
FOR USE BY THE DEPARTMENT OF ADMINISTRATION, PLANNING ut ZONING
JAN - 9 1975
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 75-47
A RESOLUTION ACCEPTING THE BID OF ADVANCED BUSINESS PRODUCTS
FOR FURNISHING TAPE RECORDERS, A TRANSCRIBER, AND ALLIED
EQUIPMENT, FOR USE BY THE DEPARTMENT OF ADMINISTRATION,
PLANNING AND ZONING BOARDS, AT A TOTAL COST OF $1,710.42
AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT
THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT FROM FUNDS PROVIDED IN THE 1974-75 BUDGET
FOR THIS PURPOSE
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J, L..Plummer
Mayor Maurice A. Ferre. NOES: None
.LAN • Q 1Q7t_
64, AWARD BID - DOCK BOXES FOR bEPARTMLNT OF PU$LIC FAC1LIT1E8
t\N'91975
'Vise following resolution t'ds introduced by !'.ofm issioner Gibson, who
moved its adoption:
65,
R SOLUTION NO. 75•-48
A RESOLUTION A RESOLUTION ACCEPTING THE BID RECEIVED FROM
H. H. HANSEN AND ASSOCIATES FOR FURNISHING TWENTY (2)
FIRERGLASS DOCK BOXES, 2' X 2' X'4' FOR USE BY THE YACHT
DOCKS DIVISION OF 'NE DEPARTMENT OF PUBLIC FACILITIES, AT
A COST OF $1,996.20; AND AUTHORIZING AND DIRECTING THE
CITY MANAGER TO INSTRUCT TILE PURCHASING DEPARTMENT TO
ISSUE A PURCHASE ORDER FOR THIS.PURCHASE FROM FUNDS PRO-
VIDED IN THE.1974-75 FISCAL YEAR BUDGET
(Here follows body o[ resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gordon
passed and adopted by the following vote:
AYES: Gordon, Gibson, Reboso and Ferre
NOES: Plummer*
ABSENT:
the resolution was
*In casting his NO vote, Commission Plummer indicated in his opinion this
purchase was not mandatory.
AWARD BID - WINJDOW CLEANING
JAN - 9 1975
The following resolution was introduced by Commissioner Gibson , who
moved its adoption:
RESOLUTION NO. 75-49
A RESOLUTION ACCEPTING THE BID RECEIVED FROM BALL
MAINTENANCE AND SUPPLIES, INC. FOR FURNISHING
WINDOW CLEANING SERVICE TO CITY BUILDINGS FOR A
PERIOD FROM JANUARY 1, 1975 TO DECEMBER 31, 1975
AT A TOTAL COST OF $3,052.00; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER
CITY OFFICIALS TO INTER INTO A CONTRACT FOR THIS
SERVICE FROM FUNDS PROVIDED IN TUE 1974-75
FISCAL YEAR BUDGET
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gordon , the resolution was
passed and adopted by the following vote:
AYES; Gordon, Gibson, Reboso, Ferre
NOES: Plummer
ABSENT:
100
JAN 19?
66, AWARD MD - PEST CONTROL MAINTENANCE
JAN =91975
The following resolution w introduced by Commissioner Gibson , who
moved its adoption:
RE10J,t'T LON Nil. 75-50
A RESOLUTION i,C4'17,PTING THE BID RECEIVED FROM
ORKIN EXTERMIlfAT1NG COMPANY FOR FURNISHING
PEST CONTROL SERVICE FOR CITY BUILDINGS FOR
A PERIOD FROM JANUARY 9, 1975 TO JANUARY 8,
1976 AT A TOTAL COST OF $4,047.96; AUTHORIZING
AND DIRECTING THE CITY MANAGER TO INSTRUCT
THE PROPER CITY OFFICIALS TO NEGOTIATE A
CONTRACT FOR THIS SERVICE USING FUNDS PROVIDED
IN THE 1974-75 FISCAL YEAR BUDGET
(Here follows body of resolution, omitted hero 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: Gordon, Gibson, Reboso, Ferre
NOES: Plummer
ABSENT:
67, [WARD BID - ELEVATOR MAIN ENANCE
J/4N-91975
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 75-51
A RESOLUTION ACCEPTING THE BID RECEIVED FROM MONTGOMERY
ELEVATOR CO., FOR FURNISHING ELEVATOR MAINTENANCE AT
CITY HALL, WATSON BUILDING, MIAMI STADIUM, AND THE
ORANGE BOWL STADIUM FOR THE PERIOD FROM JANUATY 9,1975
TO JANUARY 8, 1976 AT AN ANNUAL COST OF $4,860.00;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT
THE PROPER CITY OFFICIALS '1'0 ENTER INTO A CONTRACT WITH
THIS FIRM FROM FUNDS PROVIDED IN THE 1974-75 FISCAL
YEAR BUDGET
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote-
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice.A. Ferre, NOES: None
iu.
6$, AWARD BID- POLICE REVOLVERS
JAN 9 19/5
:he following resolution was introduced by Commissioner Gibson , who
Move.: its adoption:
RESOLUTION NO. 75-52
A RESOLUTION ACCEPTING THE BID RECEIVED FROM
SOUTHERN GUN DISTRIBUTORS FOR FURNISHING
POLICE REVOLVERS FOR USE BY THE DEPARTMENT OF
POLICE AT A TOTAL COST OF $6,614.25; AUTHOR-
IZING AND DIRECTING THE CITY MANAGER TO INSTRUCT
THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE
ORDER FOR SEVENTY -FIE. (75) REVOLVERS FROM
FUNDS PROVIDED IN THE 1974-75 FISCAL YEAR BUDGET
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Gordon
passed and adopted by the following vote:
AYES: Gordon, gibson, Rehoso, Ferre
NOES: Plummer*
ABSENT:
the resolution was
In casting the NO vote, Commissioner Plummer expressed the opinion that this
was not needed, that all policemen presently have guns.
69, AWARD BID - SALE OF OLD POLICE REVOLVERS
JAN - 9 1975
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 75-53
A RESOLUTION ACCEPTING THE BID RECEIVED FROM GALL'S POLICE
EQUIPMENT, INC. TO PURCHASE SEVENTY -FINE (75) REVOLVERS
USED BY THE DEPARTMENT OF POLICE FROM THE CITY AT A TOTAL
COST OF $3,060.00; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO SELL THESE
USED REVOLVERS TO GALL'S POLICE EQUIPMENT, I.NC.
(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 Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Torre. NOES: None
1 0 '4
JAN 1975
/0, AWARD I3ID = BOXING EQUIPMENT
44 9 1975
The following resolution was introduced by Commissioner Pluimet, who
Moved its adoption:
RESOLUTION NO. 75-54
A RESOLUTION ACCEPTING THE BID RECEIVED FROM G & S SPORTING
GOODS CO. FOR FURNISHING BOXING EQUIPMENT FOR USE BY THE
RECREATION DTVISION OF THE DEPARTMENT OF PARKS AND RECREATION
AT A TOTAL COST OF $3,405.00; AND AUTHORIZING AND DIRECTING
THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO
ISSIUE A PURCHASE ORDER FOR THIS EQUIPMENT FROM FUNDS PROVIDED
IN THE 1974-75 FISCAL YEAR BUDGET
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Cotmnissiouer (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
71, .AWARD BID - UNIFORMS FOR FIRE DEPARTMENT
JAN - 9 1975
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 75-55
A RESOLUTION ACCEPTING THE BID RECEIVED FROM LAMAR UNIFORM
CO. FOR FURNISHING UNIFORMS, AS REQUIRED, AT A UNIT COST,
FOR USE BY THE FIRE DEPARTMENT, FROM JANUARY 1, 1975 TO
DECEMBER 31, 1975; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE
PURCHASE ORDERS, AS REQUIRED, FROM FUNDS PROVIDED IN THE
1974-75 FISCAY YEAR BUDGET
(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 Qeboso
Commissioner Rose (;o+don
Commissioner (Rev.) 'Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferro. NOES: None
Io;
JAN 91975
11/
72. AWARD BID - RENTAL OF AUTOMOBILES
JT;N *91975
The following resolution was introduced by Commissioner Gordon; who
Moved its adoption:
A;,,GL:. ; N NO, 75-56
A RESOLUTION ACCEPTING THE BID RECEIVED PROM NU -WAY AUTO
SERVICE FOR FURNISHING RENTAL CARS, AS REQUIRED, FOR USE
RY THE POLICE DEPARTMENT FOR A ONE(1) YEAR PERIOD FROM
DATE OF AWARD AT A TOTAL COST OF $123,000.00, PLUS MILEAGE
CHARGE OF 5C PER MILT OVER 18,000 MILES ANNUALLY PER
VEHICLE, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
INSTRUCT THE PROPER CITY OFFICIALS TO NEGOTIATE A CONTRACT
WITH SAID FIRM, USING FUNDS PROVIDED FROM THE 1974-75
FISCAL YEAR BUDGET AND FEDERAL GRANTS (THRESHOLD GRANT,
ORGANIZED CRIME FIGHTING TEAM GRANT, S.T.O.P. CRIME AND
GRANT AND OUTREACH GRANT)
(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 Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
73, AWARD BID - Cl1"iPUTER PAPER
- 91975
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 75-57
A RESOLUTION ACCEPTING THE BID RECEIVED NOVEMBER 26, 1974
FROM BETTER BUSINESS FORMS, INC. FOR FURNISHING COMPUTER
PAPER FOR USE BY THE POLICE AND FINANCE DEPARTMENTS FOR
A ONE (1) YEAR PERIOD FROM DATE OF AWARD AT A TOTAL COST
OF $45,933.02; AUTHORIZING AND DIRECTING THE CITY MANAGER
TO INSTRUCT THE PURCHASING DIVISION TO ISSUE PURCHASE
ORDERS FROM TIME TO TIME AFTER FIRST DETERMINING THAT FUNDS
ARE AVAILABLE FOR THIS PURCHASE FROM THE 1974-75 FISCAL
YEAR BUDGET
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed.and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
104
JAN " n Mc
74, AWARD MD - CAMERAS AND ALLIED EQUIPMENT
91975
The following resolution was gut roduced by Commissioner t:Ih on, w.,o
moved its adoption:
RFSC1:"TTON NO. 75-58
A RESOLUTION ACCEPTING THE BIDS RECEIVED DECEMBER 16, 1174
FROM FOTOMART FOR ITEMS I .AND III IN THE AMOUNT OF
$4,307.15 AND PITMAN PHOTO FOR ITEMS II AND IV IN THE AMOUNT
OF $1,627.00, AT A TOTAL COST OF $5,934.15, FOR FURNISHING
CAMERAS AND ALLIED EQUIPMF T F'OR USE BY THE CIVILIDN IDEN-
TIFICATION SECTION OF THE POLICE DEPARTMENT ANI) THE DEPARTMENT
OF PUBLICITY AND TOURISM; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUI PURCHASE
ORDERS AFTER FIRST DETIRMINING THAT FUNDS ARE AVAILABLE FROM
THE POLICE DEPARTMENT AND DEPARTMENT OF PUBLICITY AND
TOURISMS 1974-75 FISCAL YEAR BUDGET
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Comm!s ioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
75, AUTHORIZE NEGOTIATIONJS FOR DESIGN SERVICES-46 WEST FLAGLER
MINI -PARK I^N - 91975
The following; resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 75-59
A RESOLUTION AUTHORIZING THE CITY MANAGER TO COMMENCE
NEGOTIATIONS WITH O'LEARY-SHAFER AND ASSOCIATES,
HENDERSON-ROSENBERG AND ASSOCIATES AND EDWARD D. STONE
JR., AND ASSOCIATES, IN THAT ORDER OF PREFERENCE, FOR
THE DESIGN SERVICES REQUIRED FOR THE 46 WEST FLACLER
MINI -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 Rose Cordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L, Plummer
Mayor Maurice A. Terre. NOES: None
105
JAN "91975
•
•
OF 27 OFF STREET PARKING SPACES
76 ► EXTENSION OF WAIVER OF DEVELOPMENT 2 UNIT APARTMENT BUILDING
N.W. 5 AVE $ 34 STREET •1"4 - ;► 1975
The following resolution c.as introduced by Connnissioner Plummer; who
Moved its adoption:
RESOLUTION NU. 75-60
A RESOLUUTION GRANTING EXTENSION OF WAIVER OF DEVELOPMENT OF
6 OF 27 OFF-STREET PARKING SPACES IN CONJUNCTION WITII 22-UNIT
APARTMENT BUILDING AT THE SOUTHEAST CORNER OF N. W. 5TH AVENUE
AND 34TH STREET, FOR A PERIOD OF ONE YEAR; AND GRANTING
AUTOMATIC WAIVERS OF EXTENSION FOR ONE YEAR PERIODS THEREAFTER
UNLESS AT ANNUAL INSPECTION BY THE BUII:DTNG DEPARTMENT, THE
DEPARTMENT DIRECTOR I:EQUESTS ADDITIONAL REVIEW BY THE CITY
COMMISSION
(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 Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
77. APPOINTING NORA SWIAt1 TO THE BICENTENNIAL COr ITTEE AND BAN - 9 19%5
DIRECTING THAT SHE BE DESIGNATED CHAIRPERSON
The following resolution was introduced by Commissioner Gordon,. who
moved its adoption:
RESOLUTION NO. 75-61
A RESOLUTION APPOINTING NORA SWAN TO THE BICENTENNIAL
COMMITTEE; FURTHER AUTHORIZING AND DIRECTING THAT SHE
BE DESIGNATED AS CHAIRPERSON OF THAT COMMITTEE
(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 "ianolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
lob
EEMM
J N "91975
cONbItIONAL USt' LOTS 9, 101 11 ANb 12
78, AMENDED RESOLUTION! ORCh t t DELL GARDENS-1570 liW, 26 AVtNUE
JAN 9 1915
The following resolution taws itittoduced by Cotni issioner Reboso, who
[proved its adnptiott
RESOLUTION NO. 75-62
A RESOLUTION GRANTING APPROVAL OF CONDITIONAL USE AS LISTED IN
ORDINANCE NO, 6871, ARTICLE V, SECTION1 (6) (b) FOR A CHANGE
OF USE OF LOTS 9, 10, 11 and 12, ORCHID DELL GARDENS (7-143)
AT APPROXIMATELY 1570 NORTHWEST TWENTY-SIXTH AVENUE, AS GRANTED
BY CITY COMMISSION RESOLUTION 72-415, DATED JULY 20, 1972, TO
PERMIT OFF-STREET PARKING LOT ON ABOVE SITE, WITH ONE 10-FOOT
OPENING FOR INGRESS ONLY, SUBJECT TO: (1) THE APPLICANT PLACING
A DEVICE WHICH WILL PERMIT INGRESS BUT WILL NOT PERMIT EGRESS;
(2) A HEAVY BAR PLACED AT SUCH A HEIGHT ABOVE THE OPENING THAT
tT WILL PERMIT THE ENTRY OF A PASSENGER VEHICLE BUT WILL NOT
PERMIT THE ENTRY OF TRUCKS; ALL IN CONJUNCTION WITH RETAIL
STORE COMPLEX AT 1575 NORTHWEST TWENTY-SEVENTH AVENUE FOR A
PERIOD of TWO YEARS; ZONED R-2 (TWO FAMILY)
(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 wa;
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre. NOES: None
79, ALLOCATE $5,000 FOR COCONUT GROVE CARES AS SEED MONEY FOR
GOLDEN GLOVES BOXING TOURNAMENT JAN - 9 1975
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 75-63
A RESOLUTION ALLOCATING $5,000 FOR COCONUT GROVE CARES AS
SEED MONEY FOR THE GOLDEN GLOVES BOXING TOURNAMENT AND
AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO PAY THE
SAID SUM AS REQUIRED
(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 Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Terre. NOES: None
Ell
JAN ' q 1Q7c
•
MONTMARTE RESTAURANT °PERAttON AS SUPPER CLU5
8O• EXTENDING CONDITIONAL USE UNTIL MARCH 27, 1975
JAN k 9 1975
The following resolution was introduced by Cotntissionet Reboso , who
moved its adoption:
RESOLUTION NO. 75-64
A RESOLUTION EXTENDING THE CONDITIONAL USE
GRANTED BY RESOLUTION NO. 74-215, SUBJECT
TO ALL THE CONDITIONS OF SAID RESOLUTION
UNTIL MARCH 27, 1975
(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: Reboso, Gibson, Ferre
NOES: Gordon, Plummer
ABSENT:
BAYFRONT PARK BANDSHELL
FEDERACION OF CUBAN PRIVATE SCHOOLS FOR
81, WAIVE RENTAL FEE: JOSE MARTI WEEK CEREMONY
JAN - 91975
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 75-65
A RESOLUTION WAIVING THE RENTAL FEE FOR USE OF THE BAYFRONT
PARK BANDSHELL BY THE FEDERATION OF CUBAN PRIVATE SCHOOLS
FOR A JOSE MARTI WEEK CEREMONY, FROM 11:00 A.M. TO 1:00 P.M.
ON JANUARY 28, 1975, SUBJECT TO PAYMENT OF EVENT PERSONNEL
LIGHTS, INSURANCE AND OTHER DIRECT COSTS CHARGED BY THE CITY
SAID PAYMENT TO BE PAID IN ADVANCE TO THE CITY
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Cordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. ierrc. NOES: Nona
NOTE: 4:45 O'Clock Y.M. - MAYOR FERRE LEFT THE MEETING.
VICE MAYOR PLUMMER ASSUMED THE CHAIR.
108
_IliAI "a 107
REQUESTING BOARD COUNTY COMMISSIONERS— OEDADE I CLES to
oLo ADOPTANEMRGECPARKING OTORDINANETREMOVEVE{
FROM PRIVATE PROPERTY ETC, JAN - 9 196
The Following resolutior was introduced by Commissioner
m;,'•nd its ldopt4or:
RESOLUTION NO. 75.hh
Gib- who
A RESOLUTION REQUESTING THE BOARD DU COUNTY t)'1i11 i tlll`a<;; �l
METROPOLITAN DAI)E COUNTY FLORIDA, TO ADOPT AN EMERGENCY
PRIVATE PARKING LOT ORDINANCE GIVING THE AUI'11ORTTY TO
AGENCIES OR TENANTS TO REMOVE VEHICLES THAT HAVE BEEN 1':A..+,FI)
ON PRIVATE PROPERTY, WITHOUT THE CONSENT OF rill•; 0W1'!ar
OR TENANT OF SAID PROPERTY, WITIt THE COST OF RPM),
ASSUMED BY THE VEHICLE OWNER; AND EURTHER I;EQU1 S1 lht: 'f';li? 16
DELEGATION TO PASS LEGLTSLA'T'ION '1•i1 At I,Ev I ATI'. I'R! ` 1 i + I',lltv ! +
LOT PROBLEMS
(here follows body of resolution, i t t c• ! f i !
In the Office of the City Clerk.)
Upon being seconded by Commissioner Gordon, the re-otut i-_7
par st cI and adopted by the following vote-
AVES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
NOES:
AI3SEuT : May.
OBTAIN EI:GII'!EER[NG CC)rIIL1=tv1 i)
EVALUATE THE. PRACT I CAB I L I i 1" or
C: TY MANAGER TO MODERNIZING THE DINNER 1,1 At 111 TOOL 01.1
•JAN ;) 1t1/5
iit.. 1ol ih.�1ng resolution was introduced IY 011;t';L'r;i
.n c, ":1 lo, ..r..
to+1,•> ;i its adoption:
RESOLUTION NO. 75-67
. t;t SOI tt'F(t1N AUTHORIZING ANL) DIRECTING TING THE CITY t1AN Y 1 R To
Fo1.1•OW STATE AND CITY PROCEDURES TO t)bTAIN AN ENGINEERING
t'ONSU1'1ANT '1'0 EVALUATE '1'l1E PRACTICABILITY OF PIODERNIS•INi;
AND IMPROVING THE DINNER KEY AUDITORIUM, UTILIZING FUNDS
FROM THE CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS
(Here follows body of resolution, omitted her. and oil tile
in the office of the City Clerk.)
Ul.•nll being seconded by Commissioner (fibsuu, the resoiutio, tJa:,
l+as'zc•.T .i111 adopted by the following vote -
AYE;:; : Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gii1 on
Vice Mayor J . I,. Plummer
h0+l:i:01'- !.•
JAW :y ;'.�;'��1
•
84, AWARD BID HARD SURFACE COUR-S 1975 $186,079.00
JAN '91975
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 75-68
A RESOLUTION AWARDING THE BID OF C.A. DAVIS, INC. IN THE
ESTIMATED AMOUNT OF $186,079 FOR THE CONSTRUCTION OF PARKS -
HARD SURFACE COURTS- 1975; ALLOCATING THE AMOUNT OF
$186,079 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS AND
RECREATIONAL FACILITIES BOND FUND" TO COVER THE ESTIMATED
CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT
OF $18,607.90 TO C)VER THE COST OF PROJECT EXPENSE; ALL-
OCATING FROM SAID ACCOUNT THE AMOUNT OF $3721.10 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 Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
NOES: None
ABSENT: Mayor Fer.re
85, AWARD BID - HARD SURFACE COURTS - 1975 - $80,311,00
JAN - ;) 1975
The following resolution was introduced by Commissioner Reboso, who
moved its adoption:
RESOLUTION NO. 75-69
A RESOLUTION AWARDING THE BID OF CONCRETE PLACING COMPANY, INC.
IN THE ESTIMATED AMOUNT OF $80,311 FOR THE CONSTRUCTION OF
PARKS - HARD SURFACE COURTS - 1975; ALLOCATING THE AMOUNT OF
$80,311 FROM THE ACCOUNT ENTITLED 'PUBLIC PARKS AND RECREATIONAL
FACILITIES BOND FUND" TO COVER THE ESTIMATED CONTRACT CO:T;
ALLOCATING FROM SAID hCCOUNT THE AMOUNT OF $8,031 TO COVER
THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE
AMOUNT OF $1,606 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 Gordon, the resolution wris
passed and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Cordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J, L. Plummer
NOES; None
ABSENT; Mayor Ferre
4 u
JAN - 9197
DE, AWARD BID HARD SURFACE COURTS = 1075 - $15,480
t 1 I - 9 1975
'ht,o e,.1�ne.i..n-nrnir�f it�-� t,�n^ i��rnar.nr+l1 f.t) rnT^+iccinhnr rihcnrt 010
moved its adoption.
'RESOLUTION NO. 75-70
A RESOLUTION AWARDING THE BID OF P.J. CONSTRUCTORS, INC.,
IN THE ESTIMATED AMOUNT OF $13,480 FOR THE CONSTRUCTION
OF PARKS - HARD SURFACE COURTS - 1975; ALLOCATING THE
AMOUNT OF $13,480 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS
AND RECREATIONAL FACILITIES BOND FUND" TO COVER THE
ESTIMATED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE
AMOUNT OF $1348 TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF S269 TO COVER
THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABOR-
ATORIES, 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 Reboso, the resolution was
r wised and adopted by the following vote-
As.ES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
ABSENT: Mayor Ferre NOES: None
37, AWARD BID - FERTILIZER
JAN - 9 19/5
The following resolution was introduced by Commissioner Gibson, who
moved it:; adoption:
RESOLUTION NO. 75-71
A RESOLUTION AWARDING BIDS TO ATLANTIC FERTILIZER IN THE
AMOUNT OF $6,699.00; FFC FERTILIZER IN THE AMOUNT OF
$10,950.00; AND SENTELL SUPPLY IN THE AMOUNT OF $1,968.00,
TOTALLING $19,617.00 FOR FURNISHING VARIOUS FERTILIZERS
AND HERBICIDES FOR US. BY THE DEPARTMENT OF PARKS AND
RECREATION; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS AFTER
FIRST DETERMINING THAT FUNDS BUDGETED FOR THIS PURPOSE
ARE AVAILABLE
(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 Rose Cordon
Commissioner (Rev.) Theodore Gibson
Vice Mayor J. L. Plummer
ABSENT: Mayor Ferre.
111
.IL\N fq i r
AV WORNMENT:
Thehe being no SWt then buAine64 to come bephe .the Commc s sien at
.ihiA time., ovt motion duty made and Aeconded, the meeting was adjotvtued
at 5:50 O'Ctoch. P.M.
ATTEST: H. D. SOUTHERN
CITY CLERK
MAURICE A. FERRE
MAYOR
RALPH G. ONG1E
ASSISTANT CITY CLERK
11.
i
JAN s 9;., l '.)
EH NO.
1
DOCUMENT
DOCUMENT IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT (31 Pgs
GRANTING PERMISSION TO DREDGE THE AREA IN BIS-
CAYNE CONTIGUOUS TO LOTS 70,71, 72, AND 73,
BLOCK "B", FLAGLER MARY BRICKELL (5-44), AT
2333 BRICKELL AVENUE IN CONJUNCTION WITH PRO-
POSED MARINA.
3 GRANTING PERMISSION TO DREDGE BAY BOTTOM LAND
CONTIGUOUS TO LOTS 70,71,72 AND 73, BLOCK "B"
FLAGLER MARY BRICKELL (5-44), AT 2333 BRICKELL
AVENUE, FOR MARINA APPROVED AS A CONDITIONAL
USE PER PLAN ON FILE, ZONED R-5A.
4 GRANTING PERMISSION TO DREDGE BAY BOTTOM LAND
CONTIGUOUS TO LOTS 70,71,72, AND 73, BLOCK "B"
FLAGLER MARY BRICKELL (5-44) AT 2333 BRICKELL
AVENUE FOR MARINA UNDER CONCURRENT PETITION
FOR CONDITIONAL USE.
5 GRANTING A PETITION FOR A PLANNED AREA DEVELOP-
MENT (PAD) ON LOTS 1,2, & 30 THROUGH 40.
CHARLES M. MUNDY'S SUB (15-29), AND LOTS 1
THROUGH 7, E.W.F. STIRRUP SUB (1-12).
6 OFFICIALLY VACATING AND CLOSING HIGGS STREET,
BETWEEN PERCIVAL AVENUE AND DAY AVENUE, IN
ACCORDANCE WITH TENATIBE PLAT NO. 916, PERCIVAI,
GARDENS.
7 OFFICIALLY VACATING AND CLOSING NORTHWEST 55TH
STREET.
8 GRANTING APPROVAL OF CONDITIONAL USE AS LISTED
IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1
(6) (b) FOR A CHANGE OF USE OF LOTS 9,10,11.
AND 12, ORCHID DELL GARDENS.
9 GRANTING CONTINUED USE FOR AN ADDITIONAL
PERIOD OF FIVE YEARS TO UTILIZE A PORTION OF
ATHLETIC FIELD FOR OFF-STREET PARKING FACILI-
TIES
10 GRANTING A ONE YEAR EXTENSION OF THE VARIANCE
GRANTED ON THE PROPERTY AT 3199 GRAND AVENUE
11 ESTABLISHING THE POLICY OF THE CITY COMMISSION
OF THE CITY OF MIAt1I THAT THE CITY MANAGER HAS
THE AUTHORITY TO CREATE THE POSITIONS OF
ASSISTANT CITY MANAGER.
12 ORDERING OMNI HIGHWAY IMPROVEMENT H-4384
MEETING DATE:
January 94 1975
1
COMMISSION RETRIEVAL____I
ACTION -I CODE NO.II
R-75-1
t4
R-75-2
R-75-3
R-75-5
0088
75-1
0089
0090
75-2
75-3
75--5
0091
R-75-8 75-8
R-75-9 75-9
R-75-18 75-18
R-75-21 75-21
DOCUMEN14NDEX
CONTINUEDOtt N
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
DOCUMENT IDENTIFICATION
URGING THE METROPOLITAN DADE COUNTY COMMISSION
TO EXPEDITE THE CONSTRUCTION OF THOSE STREETS
WITHIN THE CITY OF MIAMI INCLUDED IN THEIR
"DECADE OF PROGRESS" BOND ROAD PROGRAM
AMENDING RESOLUTION NO. 72-51
ACCEPTING THE COMPLETED WORK PERFORMED BY
BISCAYNE CONSTRUCTION, INC.
DENYING CERTAIN CLAIMS AND DIRECTING THE CITY
ATTORNEY TO DEFEND ANY SUIT BROGHT FOR THE
RECOVERY OF DAMAGES ARISING OUT OF SAID CLAIM
APPROVING A ONE (1) YEAR EXTENSION OF EMPLOY-
MENT PAST THE AGE OF SEVENTY-TWO (&@) FOR
JOHN C. TOMICK.
AUTHORIZING THE ISSUANCE OF WASTE COLLECTION
LICENSE TO UNITED SANITATION SERVICE.
APPOINTING TWO (2) MEMBERS TO THE CITY OF
MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION
APPOINTING THREE (3) ADDITIONAL MEMBERS TO
THE COMMITTEE TO ASSIST EX -OFFENDERS RELEASED
FROM PENAL INSTITUTIONS.
AUTHORIZING THE ISSUANCE OF A PERMIT TO THE
MIAMI SHRINE TEMPLE TO CONDUCT A CARNIVAL
IN CONJUNCTION WITH ITS ANNUAL CIRCUS TO BE
HELD AT FLAGLER KENNEL CLUB.
RATIFYING AND CONFIRMING THE ACTION OF THE
CITY MANAGER IN APPROVING EMERGENCY PURCHASES
FOR THE FURNACES AT THE DEPARTMENT OF SANITA-
TION
AUTHORIZING THE WAIVING OF THE RENTAL FEE
FOR THE USE OF THE BAYFRONT PARK BANDSHELL ON
FEBRUARY 2, 1975, FRO A MEMORIAL SERVICE BY
THE FLORIDA JEWISH WAR VETERANS OF THE U.S.A.
AUTHORIZING THE CITY MANAGER TO MAKE APPLICA-
TION TO THE STATE OF FLORIDA, DEPARTMENT OF
NATURAL RESOURCES FOR A LAND AND WATER CON-
SERVATION GRANT TO AID IN THE ACQUISITION OF
THE LATIN COMMUNITY RIVERFRONT PARK
ACCEPTING QUIT CLAIM DEED FROM DADE COUNTY
FLORIDA, CONVEYING TO THE CITY OF MIAMI LOTS
3A, 4A, 5A, 6, 6A, AND 7A OF TWIN RIVER IS-
LAND.
RATIFYING AND CONFIRMING THE ACTION OF THE
CITY MANAGER IN EXECUTING A CONTRACT WITH
FOSTER ELECTRIC CO„ INC. FOR THE MUNICIPAL
JUSTICE I3UILDING-COMPUTER ROOM IMPROVEMENTS
APPOINTING MEMBERS TO THE CULTURAL ARTS
ADVISORY COMMITTEE FOR A TWO YEAR TERM,
R-75-23
R-75-24
R-75-25
R-75-26
R-75-27
R-75-28
R-75-29
R-75-30
R-75-31
R-75-32
R-75-33
R-75-34
R-75-35
R--75-36
75-22
75-23
75-24
25-25
75-26
75-27
75-28
75-29
75-30
75-31
75-32
75-33
75-34
75-35
75-36
DOCU MENIFI N DEX
mi NO• DOCUMENT IDENTIFICATION -1N ._ 017 _.Nt . —
t'fbN
28 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH WALLACE, McHARG, ROBERTS ANDTODD, TO PROVIDE PROFESSIONAL SERVICES R-75-37 75-37
29 WAIVING THE RECREATIONAL USE FEE FOR ROBERT
KING HIGH PARK CAMPING AREA FOR THE SOUTH
FLORIDA COUNCIL OF BOY SCOTTS ON THE WEEKEND
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
ACCEPTING THE BID OF L.C. MORRIS, INC.
ACCEPTING THE BID OF MARKS BROTHERS COMPANY
IN THE AMOUNT OF $521,402.70 FOR THE CONSTRUC
TION OF N.E. 4TH COURT HIGHAY IMPROVEMENT H-
4360
ACCEPTING THE BID OF SULLIVAN LONG & HAGERTY
IN THE AMOUNT OF $595,905.00
ACCEPTING THE BID OF DUNAWAY, INCORPORATED.
ACCEPTING THE BID OF FLORIDA CONCRETE CONTRAC
TORS IN THE AMOUNT OF $25,775.00 FOR THE
CONSTRUCTION OF DRAINAGE PROJECT A-4
ACCEPTING THE BID OF DESIGN CONSTRUCTION
CORPORATION IN THE AMOUNT OF $429,000.00
ACCEPTING THE BID OF COUNTY PLASTICS CORP.
FOR FURNISHING FIVE HUNDRED (500) TOTE CON-
TAINERS.
ACCEPTING THE BID RECEIVED FROM WOODBURY
CHEMICAL CO.
ACCEPTING THE BID OF ADVANCED BUSINESS PRO-
DUCTS FOR FURNISHING TAPE RECORDERS.
ACCEPTING THE BID RECEIVED FROM H.H. HANSEN
& ASSOCIATES FOR FURNIIHING TWENTY (20) FIBER
GLASS DOCK BOXES
ACCEPTING THE BID RECEIVED FROM BALL MAINTE-
NANCE & SUPPLIES, INC. FOR FURNISHING WINDOW
CLEANING SERVICE.
ACCEPTING THE BID RECEIVED FROM ORKIN EXTER-
MINATING CO. FOR FURNISHING PEST CONTROL
SERVICE FOR CITY BUILDINGS.
ACCEPTING THE BID RECEIVED FROM MONTGOMERY
ELEVATOR CO. FOR FURNISHINC ELEVATOR MAINTE-
NANCE AT CITY HALL, WATSON BUILDING.
ACCEPTING THE BID RECEIVED FROM SOUTHERN
GUN DISTRIBUTORS FOR FURNISHING POLICE KEVOL-
VERS AT A TOTAL COST OF $6,614.25
ACCEPTING THE BID RECEIVED FROM CALL'S
POLICE EQUIPMENT, INC.
R-75-38 75-38
R-75-39 75-39
R-75-40 75-40
R-75-41 75-41
R-75-42 75-42
R-75-73 75-43
R-75-44 75-44
R-75-45 75-45
75-46
75-47
R-75-46
R-75-47
R-75-48
R-75-49
R-75-50
R-75-5;
R-75-52
R-75-53
75-48
75-49
75-50
75-51
75-52
75-53
DOCU' ENT'INDEX
CONTINUED
TV NO 6
wimmiite
DOCUMENT IDENTIFICATION
45
46
47
48
49
50
51
52
53
54
55
56
57
ACCEPTING THE BID RECEIVED FROM G.& S. SPORT-
ING BOXING EQUIPMENT.
ACCEPTING THE BID RECEIVED FROM LAMAR UNIFORM
CO.
ACCEPTING THE BID RECEIVED FROM NU -WAY AUTO
SERVICE FOR FURNISHING RENTAL CARS.
ACCEPTING THE BID RECEIVED NOVEMBER 26, 1974
FROM BETTER BUSINESS FORMS, INC.
ACCEPTING THE BIDS RECEIVED DECEMBER 16, 1974
FROM FOTOMAT FOR ITEMS I AND III IN THE AMOUNT
OF $4,307.15
AUTHORIZING THE CITY MANAGER TO COMMENCE NE-
GOTIATIONS WITH O'LEARY-SHAFER AND ASSOCIATES,
HENDERSON-ROSENBERG AND ASSOCIATES AND EDWARD
D. STONE, JR. AND ASSOCIATES, IN THAT ORDER
OF PREFERENCE FOR THE DESIGN SERVI.CES REQUIR-
ED FOR THE 46 WEST FLAGLER MINI PARK
GRANTING EXTENSION OF WAIVER OF DEVELOPMENT
OF 6 OF 27 OFF-STREET PARKING SPACES IN CON
JUNCTION WITH 22-UNIT APARTMENT BUILDING
AT THE SOUTHEAST CORNER OF N.W. 5TH AVENUE
AND 34TH STREET, FOR A PERIOD OF ONE YEAR.
APPOINTING NORA SWAN TO THE BICENTENNIAL COM-
MITTEE.
GRANTING APPROVAL OF CONDITIONAL USE AS
LISTED IN ORDINANCE NO. 6871, ARTICLE V, SEC-
TION 1(6) (b) FOR A CHANGE OF USE OF LOTS
9,10,11, AND 12, ORCHID DELL GARDENS.
ALLOCATING $5,000 FOR COCONUT GORVE CARES AS
SEED MONEY FOR THE GOLDEN GLOVES BOXING TOUR-
NAMENT
EXTENDING THE CONDITIONAL USE GRANTED BY
RESOLUTION NO. 74-215, SUBJECT TO ALL THE
CONDITIONS OF SAID RESOLUTION UNTIL MARCH 27,
1975
WAIVING THE RENTAL FEE FOR USE OF THE BAY -
FRONT PARK BANDSHEI.L BY THE FEDERATION OF
CUBAN PRIVATE SCHOOLS FOR A JOSE MARTI WEEK
CEREMONY
REQUESTING THE BOARD OF COUNTY COMMISSIONERS
OF METROPOLITAN DADE COUNTY, TO ADOPT AN
EMERGENCY PRIVATE PARKING LOT ORDINANCE GIV-
ING THE AUTHORITY TO OWNERS, AGENCIES OR TEN-
ANTS TO REMOVE VEHICIILES THAT HAVE BEEN PARK-
ED ON PRIVATE PROPERTY, WITHOUT THE CONSENT
OF THE OWNER
R-75-54
R-75-55
R-75-56
R-75-57
R-75-58
R-75-59
R-75-60
R-75-61
R-75-62
R-75-63
R-75-64
R-75-65
R-75-66
fitTlk MAL
COVE NO,
75-54
75-55
75-56
75-57
75-58
75-59
75-60
75-61
75-62
75-63
75-64
75-65
75-66
1
58
AUTHOR??1.NC TOE CITY MANAGER Tn FOLLOW
STATE ANI) CITY P'OC^.DURES TO OBTAIN AN EN-
GINEERING CONSULTANT TO EVALUATE THE PRACTI
DOCUMENTINDEX
CONTINUE
/V NO
DOCUMENT IDENTIFICATION
59
60
61
62
ABILITY OF MODERNIZING AND IMPROVING THE DIN-
NER KEY AUDITORIUM.
AWARDING THE BID OF C.A. DAVIS, INC. IN THE
ESTIMATED AMOUNT OF $186.079 FOR THE CONSTRUC-
TION OF PARKS -HARD SURFACR COURTS-1975
AWARDING THE 13ID OF CONCRETE PLACING COMPANY,
INC. IN THE ESTIMATED AMOUNT OF $80,311 FOR
THE CONSTRUCTION OF PARKS -HARD SURFACE COURTS
1975
AWARDING THE BID OF P.J. CONSTRUCTORS, INC.
IN THE ESTIMATED AMOUNT OF $13,480 FOR THE
CONSTRUCTION OF PARKS -HARD SURFACE COURTS-
1975
AWARDING BIDS TO ATLANTIC FERTILIZER IN THE
AMOUNT OF $6,699.00
ACTION ____ ___ CODE _NO:__
R-75-67
R-75-68
R-75-69
R-75-70
R-75-71
75-67
75-68
75-69
75-70
75-71